| 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 ** |
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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. Continuation of Second Notice of Comment Period - Amendment DIN: 20240731-IR-329210458SCA Comment Period 07/31/2024-08/30/2024 Summary/Response to Comments Coal Combustion Residuals DIN: 20240731-IR-329210458ONA Notice of Additional Public Comment Period DIN: 20251105-IR-329210458APA Comment Period 11/05/2025 – 11/26/2025 Regulatory Analysis DIN: 20251105-IR-329210458RAA Proposed Rule as Preliminarily Adopted with IDEM's Suggested Changes Incorporated [PDF] |
Public Hearing: Preliminary Adoption 03/08/2023 DIN: 20221221-IR-329210458PHA To Be Scheduled DIN: 20230201-IR-329210458CHA 10/09/2024 DIN: 20240731-IR-329210458PHA 12/11/2024 DIN: 20241002-IR-329210458CHA Public Hearing: Final Adoption 12/18/2025 DIN: 20251105-IR-329210458PHA |
* 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.