HISTORY

PUBLIC COMMENTS UNDER IC 13-14-9-4.5

SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD

SUMMARY/RESPONSE TO COMMENTS FROM THE FIRST PUBLIC HEARING

329 IAC 3.1-11.5; 329 IAC 3.1-13-18; 329 IAC 3.1-13-19; 329 IAC 3.1-13-21

(1) In 40 CFR 267.3, dealing with imminent hazard action, delete "section 7003 of RCRA" and insert "IC 13-30-3 and IC 13-14-10".

(2) Reports to the state required at 40 CFR 267.56 must be communicated immediately to the Indiana Department of Environmental Management, Office of Land Quality, 100 North Senate Avenue, MC 66-30, Indianapolis, Indiana 46204-2251, (317) 233-7745, or (888) 233-7745 (toll free in Indiana).

(3) In addition to the report of a release, fire, or explosion from the facility required by 40 CFR 267.56(c), the permittee shall comply with all requirements for spill reporting contained in the rules of the water pollution control board at 327 IAC 2-6.1.

(4) In 40 CFR 267.75(a), dealing with the biennial report, delete "EPA form 8700-13B" and insert "a form provided by the commissioner".

(5) In addition to the requirements in 40 CFR 267, Subpart E, copies of the reports required by IC 13-22-4-3.1 must be kept on file for at least three (3) years after submission to the department.

(6) Delete 40 CFR 267, Subpart H dealing with financial requirements and substitute 329 IAC 3.1-15.

(7) The exceptions and additions to the standards for tank systems in 40 CFR 264, Subpart J, found in 329 IAC 3.1-9-3, also apply to tank systems under 40 CFR 267, Subpart J if the tank systems were permitted under 40 CFR 264, Subpart J before the effective date of this rule.

(1) All RCRA Part B applications seeking initial permits for hazardous waste management units over which the department has permit issuance authority.

(2) RCRA Part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations.

(3) Hazardous waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit under 40 CFR 270, Subpart J, including renewal of a standardized permit for such units, where the renewal is proposing a:

(1) Class 1 and 2 permit modifications under 40 CFR 270.42.

(2) Applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(1) Hold at least one (1) meeting with the public in order to:

(2) Post a sign-in sheet or otherwise provide a voluntary opportunity for attendees and interested parties to provide their names and addresses.

(1) A summary of the meeting.

(2) The list of attendees and their addresses developed under subsection (d).

(3) Copies of any written comments or materials submitted at the meeting.

(1) Provide public notice of the preapplication meeting at least thirty (30) days prior to the meeting. The applicant shall

(2) Maintain, and provide to the department upon request, documentation of the public notice required under subsection (g).

(1) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subsection (h), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the commissioner shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the commissioner determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.

(2) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subsection (h). If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.

(3) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subsection (h), at least once on at least one (1) local radio station or television station. The applicant may employ another medium with prior approval of the commissioner.

(4) A notice to the department. The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of state and local government, in accordance with section 10(c)(1)(F) of this rule.

(1) The date, time, and location of the meeting.

(2) A brief description of the purpose of the meeting.

(3) A brief description of the facility and proposed operations, including the address or a map, for example, a sketched or copied street map, of the facility location.

(4) A statement encouraging people to contact the applicant at least seventy-two (72) hours before the meeting if they need special access to participate in the meeting.

(5) The name, address, and telephone number of a contact person for the applicant.

(1) All RCRA Part B applications seeking initial permits for hazardous waste management units over which the department has permit issuance authority.

(2) RCRA Part B applications seeking renewal of permits for such units under 40 CFR 270.51.

(1) Permit modifications under 40 CFR 270.42.

(2) Applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(3) Hazardous waste units for which facility owners or operators are seeking coverage under a RCRA standardized permit issued under 40 CFR 270, Subpart J.

(1) The commissioner shall provide public notice as set forth in section 10(c)(1)(D) of this rule, and notice to appropriate units of state and local government as set forth in section 10(c)(1)(F) of this rule, that a Part B permit application has been submitted to the department and is available for review.

(2) The notice shall be published within a reasonable period of time after the application is received by the commissioner. The notice must include the following: