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TITLE 329 SOLID WASTE MANAGEMENT BOARD

Final Rule
LSA Document #08-673(F)

DIGEST

Amends 329 IAC 3.1-1-7 to incorporate by reference the version of 40 CFR 260 through 40 CFR 273 revised as of July 1, 2008. Repeals 329 IAC 3.1-6-7. Effective 30 days after filing with the Publisher.


HISTORY
Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second Notice of Comment Period: August 27, 2008, Indiana Register (DIN: 20080827-IR-329080673FDA).
Notice of First Hearing: August 27, 2008, Indiana Register (DIN: 20080827-IR-329080673PHA).
Date of First Hearing: November 18, 2008.
Proposed Rule: February 4, 2009, Indiana Register (DIN: 20090204-IR-329080673PRA).
Notice of Second Hearing: February 4, 2009, Indiana Register (DIN: 20090204-IR-329080673PHA).
Date of Second Hearing: March 17, 2009.


SECTION 1. 329 IAC 3.1-1-7 IS AMENDED TO READ AS FOLLOWS:

329 IAC 3.1-1-7 Incorporation by reference

Authority: IC 13-19-3-1; IC 13-22-4
Affected: IC 13-14-8; 40 CFR 260.11


Sec. 7. (a) When incorporated by reference in this article, references to 40 CFR 260 through 40 CFR 270 and 40 CFR 273 shall mean the version of that publication revised as of July 1, 2006, 2008, and amended as published in the Federal Register on
(1) July 14, 2006, at 71 FR 40258 through 71 FR 40280; and
(2) July 28, 2006, at 71 FR 42947 through 71 FR 42949. June 4, 2008, at 73 FR 31768.

(b) When used in 40 CFR 260 through 40 CFR 270 and 40 CFR 273, as incorporated in this article, references to federally incorporated publications shall mean that version of the publication as specified at 40 CFR 260.11.

(c) The following publications are also incorporated by reference:
(1) 40 CFR 146, revised as of July 1, 2005.
(2) 40 CFR 60, Appendix A-1, revised as of July 1, 2005.
(3) 40 CFR 60, Appendix A-2, revised as of July 1, 2005.
(4) 40 CFR 60, Appendix A-3, revised as of July 1, 2005.
(5) 40 CFR 60, Appendix A-4, revised as of July 1, 2005.
(6) 40 CFR 60, Appendix A-5, revised as of July 1, 2005.
(7) 40 CFR 60, Appendix A-6, revised as of July 1, 2005.
(8) 40 CFR 60, Appendix A-7, revised as of July 1, 2005.
(9) 40 CFR 60, Appendix A-8, revised as of July 1, 2005.

(d) Federal regulations that have been incorporated by reference do not include any later amendments than those specified in the incorporation citation in subsections (a) through (c). Sales of the Code of Federal Regulations are handled by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, or online at http://bookstore.gpo.gov/. The telephone number for the Superintendent of Documents is (202) 512-1800 or toll-free (866) 512-1800. The incorporated materials are available for public review at the offices of the department of environmental management.

(e) Where exceptions to incorporated federal regulations are necessary, these exceptions will be noted in the text of the rule. In addition, all references to administrative stays are deleted.

(f) Cross-references within federal regulations that have been incorporated by reference shall mean the cross-referenced provision as incorporated in this rule with any indicated additions and exceptions.

(g) The incorporation of federal regulations as state rules does not negate the requirement to comply with federal provisions that may be effective in Indiana that are not incorporated in this article or are retained as federal authority.
(Solid Waste Management Board; 329 IAC 3.1-1-7; filed Jan 24, 1992, 2:00 p.m.: 15 IR 909; filed Oct 23, 1992, 12:00 p.m.: 16 IR 848; filed May 6, 1994, 5:00 p.m.: 17 IR 2061; errata filed Nov 8, 1995, 4:00 p.m.: 19 IR 353; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3353; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1111; filed Oct 31, 1997, 8:45 a.m.: 21 IR 947; filed Mar 19, 1998, 10:05 a.m.: 21 IR 2739; errata filed Apr 8, 1998, 2:50 p.m.: 21 IR 2989; filed Mar 6, 2000, 8:02 a.m.: 23 IR 1637; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2431; errata filed Oct 15, 2001, 11:24 a.m.: 25 IR 813; filed Jun 3, 2002, 10:40 a.m.: 25 IR 3111; filed Jan 14, 2004, 3:20 p.m.: 27 IR 1874; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2661; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA, eff Sep 5, 2006; filed Dec 26, 2007, 1:44 p.m.: 20080123-IR-329060556FRA; filed Sep 11, 2009, 2:39 p.m.: 20091007-IR-329080673FRA)


SECTION 2. 329 IAC 3.1-6-7 IS REPEALED.

LSA Document #08-673(F)
Proposed Rule: 20090204-IR-329080673PRA
Hearing Held: March 17, 2009
Approved by Attorney General: August 31, 2009
Approved by Governor: September 11, 2009
Filed with Publisher: September 11, 2009, 2:39 p.m.
Documents Incorporated by Reference: 40 CFR 260 through 40 CFR 270 and 40 CFR 273, revised as of July 1, 2008
Small Business Regulatory Coordinator: Alison Surface, IDEM Compliance and Technical Assistance Program - OPPTA, MC 60-04, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-1191 or (800) 988-7901, ctap@idem.in.gov
Small Business Assistance Program Ombudsman: Brad Baughn, IDEM Small Business Assistance Program Ombudsman, MC 50-01 IGCN 1307, 100 North Senate Avenue, Indianapolis, IN 46204-2251, (317) 234-3386, bbaughn@idem.in.gov

Posted: 10/07/2009 by Legislative Services Agency

DIN: 20091007-IR-329080673FRA
Composed: Apr 23,2024 8:26:57PM EDT
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