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Title 329 - Solid Waste Management Division

Environmental Rules Board (Solid Waste Management Division)
Rule Name, LSA #, and Subject Matter Submit Comments and Questions to * Rule Notices, Actions, and Comment Periods Public Hearings, and Anticipated Adoption and Effective Dates **
Coal Combustion Residuals
#21-458

Adds a new rule at 329 IAC 10 concerning the establishment of a comprehensive state permitting program for coal combustion residuals (CCRs).
Keelyn Walsh
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204

Phone: (317) 232-8229
Fax: (317) 233-5970
E-mail: kwalsh@idem.in.gov
First Notice of Comment Period
DIN: 20211013-IR-329210458FNA
Comment Period
10/13/2021 - 11/12/2021
 
Second Notice of Comment Period
DIN: 20221221-IR-329210458SNA
Comment Period
12/22/2022 – 01/20/2023

Continuation of Second Notice of Comment Period
DIN: 20230118-IR-329210458SCA
Comment Period
01/18/2023 – 03/19/2023
A Continuation of Second Notice of Comment Period (Continuation) was published on January 18, 2023, in the Indiana Register (DIN: 20230118-IR-329210458SCA) concerning amendments to rules at 329 IAC 10-3-1, 329 IAC 10-3-4, and 329 IAC 10-9-1, and the addition of a new article at 329 IAC 14, concerning the establishment of a state permitting program for coal combustion residuals (CCR). The Continuation stated that IDEM “is providing an additional sixty (60) days for submission of comments on the rulemaking.” As the previous comment deadline was January 20, 2023, an additional sixty (60) days would establish the new comment deadline as March 21, 2023. However, the Continuation went on to state, “All comments must be postmarked or time stamped not later than March 19, 2023.” (March 19 is sixty (60) days after publication of the Continuation.) IDEM acknowledges the inconsistency and hereby notifies the public that IDEM will consider and respond to comments postmarked or time stamped not later than March 21, 2023.
Public Hearing: Preliminary Adoption
03/08/2023
DIN: 20221221-IR-329210458PHA
To Be Scheduled
DIN: 20230201-IR-329210458CHA 
Legitimate Use of Solid Waste
#22-13

Creates requirements in 329 IAC 10 and 329 IAC 11 for the legitimate use of solid waste and other related amendments.
Daniel Watts
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204

Phone: (317) 234-5345
Fax: (317) 233-5970
E-mail: Dwatts1@idem.in.gov
First Notice of Comment Period
DIN: 20220126-IR-329220013FNA
Comment Period
01/26/2022 - 02/25/2022

Continuation of First Notice of Comment Period
DIN: 20220914-IR-329220013FCA
Comment Period
09/15/2022 – 10/14/2022
 
Solid Waste and Hazardous Waste Permitting
#22-279
Seth Engdahl
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204

Phone: (317) 234-9535
Fax: (317) 233-5970
E-mail: SEngdahl@idem.IN.gov
First Notice of Comment Period
DIN: 20220921-IR-329220279FNA
Comment Period
09/22/2022 - 10/21/2022

Notice of Withdrawal
DIN: 20240131-IR-329220279WDA
 
Title 329 Civil Penalties
#24-48

In accordance with IC 13-30-4-1, IDEM imposes civil penalties on entities that violate provisions of the state’s law and rules regarding solid waste management and underground storage tanks (USTs). The current civil penalty policies became effective on April 5, 1999, through non-rule policy documents. House Enrolled Act 1623, which became law on May 5, 2023, added IC 4-22-2-19.6. This statute requires any fee, fine, or civil penalty imposed by an agency to be included in the Indiana Administrative Code.  Accordingly, this rulemaking adds 329 IAC 1-2 and 329 IAC 9-11 to include IDEM’s civil penalty policies and structure in Title 329. 329 IAC 1-2 comprises IDEM’s general civil penalty policy as it applies to violations of solid waste management laws and rules. 329 IAC 9-11 comprises IDEM’s civil penalty policy as it applies to laws and rules related to the ownership and operation of USTs.
Seth Engdahl
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN  46204

Phone: (317) 234-9535
Fax: (317) 233-5970
E-mail: SEngdahl@idem.in.gov
First Notice of Public Comment Period
DIN: 20240207-IR-329240048FNA
Comment Period
02/07/2024 – 03/15/2024
Public Hearing: Preliminary Adoption
04/10/2024
DIN: 20240207-IR-329240048PHA
Kaiser Aluminum
#24-XXX

This rulemaking updates 329 IAC 3.1-6-8 to change the wastewater treatment operations facility at the Alcoa Corporation Warrick Operations in Newburgh, Indiana, to Kaiser Aluminum Warrick LLC.  Kaiser is also upgrading its wastewater treatment equipment and will be installing an additional filter press for requirements for the facility to reflect this new point of generation.
Keelyn Walsh
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN  46204

Phone: (317) 232-8229
Fax: (317) 233-5970
E-mail: kwalsh@idem.in.gov
  
Waste Tire Financial Assurance Updates
#24-XXX

This rulemaking primarily proposes updates to the waste tire financial assurance requirements at 329 IAC 1505 that will add a corporate financial test option for waste tire storage sites.  The addition of this financial assurance is required by state statute at 13-20-13-11(b)(3).  Other changes include updating the definition of “used tire” to also comply with a statutory change, and conforming changes related to the addition of the corporate financial test.
Daniel Watts
Rules Development Branch
Office of Legal Counsel

Indiana Department of Environmental Management
100 North Senate Avenue
Indianapolis, IN 46204
 
Phone: (317) 234-5345
Fax: (317) 233-5970
E-mail: Dwatts1@idem.in.gov
  

* Copies of rules, comments, and the agency's written response to those comments are open for public inspection at the Office of Legal Counsel, Indiana Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor East, Indianapolis, Indiana.

** After a rule is final adopted, IDEM must provide the complete administrative record to the Attorney General’s office in the form of a “promulgation packet.” The Attorney General’s office then has forty-five (45) days to review the rule for form and legality before submitting it to the Governor for signature. The Governor has fifteen (15) days to sign or reject the rule and may request an additional fifteen (15) days if necessary. After signature, the rule is submitted to the Legislative Services Agency for publication in the Indiana Register. Unless specifically stated in the rule, the rule becomes effective thirty (30) days after filing with Legislative Services.

*** These dates are anticipated dates for the action listed. These dates may change during the rulemaking process and will be updated if any changes occur.

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