INDIANA ARA 21 

RULES 

(3) The date on which the pleading or document is deposited with a private carrier, as shown by a receipt issued by 

the carrier, if the pleading or document is sent by a 

private carrier and is properly addressed. 

(4) The date of receipt of the pleading or document, if the 

date of deposit or postmark cannot be determined. 

(e) This section does not modify the time in which a party 

may file objections under IC 4-21.5-3-29 or a petition for 

judicial review under IC 4-21.5-5. 

(f) IC 4-21.5-3-1(d) and IC 4-21.5-3-1(e) govern service by 

publication. 

(g) As used in this section, "private carrier" means a 

person, other than the United States Postal Service, that 

delivers mail as defined in IC 23-1-20-15. (Natural Resources 

Commission; 312 MC 3-1-7; filed Feb 5, 19.96, 4:00 p.m.: 19 

IR 1319; readopted filed Oct 2, 2002, 9:10 am.: 26 IR 546; 

filed May 4, 2005, 1:15 p.m.: 28 IR 2660) 

LSA Document #04-263(F) 

Notice of Intent Published: November 1, 2004; 28 IR 621 

Proposed Rule Published: January 1, 2005; 28 IR 1202 

Hearing Held: January 26, 2005 

Approved by Attorney General: April 18, 2005 

Approved by Governor: May 3, 2005 

Filed with Secretary of State: May 4, 2005, 1:15 p.m. 

IC 4-22-7-5(c) Notice from Secretary of State Regarding 

Documents Incorporated by Reference: None Received by 

Publisher 

TITLE 329 SOLID WASTE MANAGEMENT 

BOARD 

LSA Document #03-312(F) 

DIGEST 

Amends 329 IAC 3.1-1-7 to incorporate by reference the July 

I, 2003, edition of 40 CFR 60, Appendices A-1 through A-8, 40 

CFR 146, and 40 CFR 260 through 40 CFR 270 and 40 CFR 

273. Amends 329 IAC 3.1-6-2 to add a federal amendment to 

the used oil management standards published by the U.S. 

Environmental Protection Agency on July 30, 2003. Amends 

329 IAC 3.1-6-3 to clarify that chemical munitions are acute 

hazardous wastes. Adds 329 IAC 3.1-7.5 to retain procedures 

for managing rejected hazardous waste loads currently found in 

IC 13-22-5-12. Amends 329 IAC 3.1-12-2 to correct the 

definition of "PCB" and to correct references. Amends 329 IAC 

3.1-13-2 to clarify a reference to hazardous waste permits. 

Amends 329 IAC 13-3-1, adds 329 IAC 13-3-4, and amends 

329 IAC 13-9-5 to adopt federal changes to the recycled used oil 

management standards. Partially effective 30 days after filing 

with the secretary of state and partially effective July 1, 2005. 

HISTORY 

First Notice of Comment Period: January 1, 2004, Indiana Register 

(27 IR 1387). 

Continuation of First Notice of Comment Period: March 1, 2004, 

Indiana Register (27 IR 2104). 

Second Notice of Comment Period and Notice of First Public 

Hearing: May 1, 2004, Indiana Register (27 IR 2592). 

Change iii Notice of First Public Hearing: June 1, 2004, Indiana 

Register (27 IR 2760). 

Change in Notice of First Public Hearing: July 1, 2004, Indiana 

Register (27 IR 3095). 

Date of First Hearing: July 20, 2004. 

Proposed Rule and Notice of Second Public Hearing: September 1, 

2004, Indiana Register (27 IR 4109). 

Date of Second Hearing: October 19, 2004. 

329 IAC 3J-1-7 329 IAC 3.1-13-2 

329 IAC 3.1-6-2 329 JAC 13-3-1 

329 IAC 3.1-6-3 329 IAC 13-3-4 

329 IAC 3.1-7.5 329 IAC.13-9-5 

329 IAC 3.1-12-2 

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, 

2002. 2003. 

(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 ofthe publication as specified at 40 CFR 260.11. 

(c) The following publications are also incorporated by 

reference: 

(1)40 CFR 146, (1995). revised as of July 1, 2003. 

(2)40 CFR 60, Appendix Or (1995). Appendix A-1, revised 

as of July 1, 2003. 

(3) 40 CFR 60, Appendix A-2, revised as of July 1, 2003. 

(4) 40 CFR 60, Appendix A-3, revised as of July 1, 2003. 

(5) 40 CFR 60, Appendix A-4, revised as of July 1, 2003. 

(6) 40 CFR 60, Appendix A-5, revised as of July 1, 2003. 

(7)40 CFR 60, Appendix A-6, revised as of July 1, 2003. 

(8) 40 CFR 60, Appendix A-7, revised as of July 1, 2003. 

(9) 40 CFR 60, Appendix A-8, revised as of July 1, 2003. 

(-1r) (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, Government 

Indiana Register, Volume 28,IAC 13-9-5 June 1, 2005 

2661 
Printing Office, Washington, D.C. 20402. The telephone 

number for the Government Printing Office is (202) 512-1800. 

The incorporated materials are available for public review at the 

offices of the department of environmental management. 

(e) (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. 

(el) (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. 

(e) (g) The incorporation of federal regulations as state rules 

does not negate the requirement to comply with federal provisions which that may be effective in Indiana which 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 pm.: 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.: 1918 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, 2:50p.m.: 21 

IR 2989; filed Mar 6, 2000, 8:02 am.: 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 am.: 

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 

am.: 28 IR 2661) 

SECTION 2.329 IAC 3.1-6-2 IS AMENDED TO READ AS 

FOLLOWS: 

329 IAC 3.1-6-2 Exceptions and additions; identification 

and listing of hazardous waste 

Authority: IC 13-14-8; IC 13-22-2-4 

Affected: IC 13-11-2-99; IC 13-11-2-205; IC 13-14-2-2; IC 13-14-10-1; 

IC 13-22-2-3; P.L.231-2003, SECTION 6; 40 CFR 261 

Sec. 2. Exceptions and additions to federal standards for 

identification and listing of hazardous_ waste are as follows: 

(1) This rule identifies only some of the materials which that 

are solid waste as defined by IC 13-11-2-205(a) and hazardous waste as defined by IC 13-11-2-99(a), including IC 13-

22-2-3(b). A material which that is not defined as a solid 

waste in this rule, or is not a hazardous waste identified or 

listed in this rule, is still a solid waste and a hazardous waste 

for purposes of this article if, in the case of: 

(A) in the case of IC 13-14-2-2, the commissioner has 

reason to believe that the material may be a solid waste 

within the meaning of IC 13-11-2-205(a) and a hazardous 

waste within the meaning of IC 13-11-2-99(a); or 

(B) in the case cif IC 13-14-10-1, the statutory elements are 

established. 

(2) Delete 40 CFR 261.2(f) and substitute the following: 

Respondents in actions to enforce regulations implementing 

IC 13 who raise a claim that a certain material is not a solid 

waste, or is conditionally exempt from regulation, must 

demonstrate that there is a known market or disposition for 

the material and that they meet the terms of the exclusion or 

exemption. In doing so, they must provide appropriate 

documentation to demonstrate that the material is not a waste 

or is exempt from regulation. An example of appropriate 

documentation is a contract showing that a second person uses 

the material as an ingredient in a production process. In 

addition, owners or operators of facilities claiming that they 

actually are recycling materials must show that they have the 

necessary equipment to do so. 

(3) References to the "administrator" in 40 CFR 261.10 

through 40 CFR 261.11 means the SWMB. 

(4) In addition to the requirements outlined in 40 CFR 

261.6(c)(2), owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are 

subject to 40 CFR 265.10 through 40 CFR 265.77. 

(5) In addition to the listing of federal hazardous waste 

incorporated by reference in section 1 of this rule, the wastes 

listed in section 3 of this rule are added to the listing. 

(6) In 40 CFR 261.4(e)(3)(iii), delete the words "in the 

Region where the sample is collected". 

(7)Delete 40 CFR 261, Appendix LX. 

(8)In 40 CFR 261.21(a)(3), delete "an ignitable compressed 

gas as defined in 49 CFR 173.300" and substitute "a flammable gas as defined in 49 CFR 173.115(a)". 

(9)In 40 CFR 261.21(a)(4), delete "an oxidizer as defined in 

49 CFR 173.151" and substitute "an oxidizer as defined in 49 

CFR 173.127". 

(10) Delete 40 CFR 261.23(a)(8) and substitute "It is a 

forbidden explosive as defined in 49 CFR 173.54; or would 

have been a Class A explosive as defined in 49 CFR 173.54 

prior to HM-181, or a Class B explosive as defined in 49 CFR 

173.88 prior to HM-181.". 

(11) Delete 40 CFR 261.1(c)(9) through 40 CFR 

261.1(c)(12). 

(12)Delete 40 CFR 261.4(a)(13) and substitute section 4 of 

this rule. 

(13)Delete 40 CFR 261.4(a)(14) and substitute section 4 of 

this rule. 

(14)Delete 40 CFR 261.6(a)(3)(ii) and substitute section 4 of 

this rule. 

(15)Delete 40 CFR 261.2(e)(1)(i) dealing with use or reuse 

of secondary materials to make products and substitute section 

5 of this rule. 

(16) In 40 CFR 261.5(j), delete "if it is destined to be 

burned for energy recovery" in two (2) places. 

(17)The conditional exclusions from the definition of solid 

waste for some zinc fertilizers made from recycled hazardous secondary materials in 40 CFR 261.4(a)(20) and 40 

CFR 261.4(a)(21) do not apply to any of the following 

industries until July 1, 2005: 

Indiana Register, Volume 28, Number 9, June 1, 2005 

2662 
Standard Industry 

Industry Classification Code 

Blast furnaces and steel mills 3312 

Gray and ductile iron foundries 3327 IR 

Malleable iron foundries 3322 

Steel investment foundries 3324 

Steel foundries 3325 

Alfiled Jan 9undries 3365 

Copper foundries 3366 

Nonferrous foundries 3369 

(Solid Waste Management Board; 329 IAC 3.1-6-2; filed Jan 

24, 1992, 2:00 p.m.: 15 IR 924; filed May 6, 1994, 5:00 p.m.: 

1 7IR 2063 ; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3355; filed Aug 

7, 1996, 5:00 p.m.: 19 IR 3364; filedJan9, 1997, 4:00329 IAC20 

IR 1112; filed Mar 19, 1998, 10:05 a.m.: 21 IR 2741; filed Jan 

3, 2000, 10:00 a.m.: 23 IR 1096; filed Mar 6, 2000, 8:02 a.m.: 

23 IR 1638; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 

1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2432; filed Apr 13, 

2005, 11:30 am.: 28 IR 2662) 

SECTION 3. 3291AC 3.1-6-3 IS AMENDED TO READ AS 

FOLLOWS: 

329 IAC 3.1-6-3 Indiana additions; listing of hazardous 

waste 

Authority: Iadded14-8; IC 13-22-2-4 

Affected: IC 13-11-2-99; IC 13-11-2-205; IC 13-14-2-2; IC 13-14-10-1; 

IC 13-22-2-3; P.L.231-2003, SECTION 6; 40 CFR 261 

Sec. 3. (a) In addition to the first lists of hazardous waste 

incorporated by referenceBis[2(2-chloroethyl-thio)ethyl]esterowing 

cDichloro(2-chlorovinyl)arsineto the l -ethyl- S-(2-d iisopropylaminoethyl 

(1) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate). 

(2) GB (Isopropyl methyl phosphonoflouridate). 

(3) H, HD (Bis(2-chloroethyl) sulfide). 

(4) HT (sixty percent (60%) 1-113 and forty percent (40%) T 

(Bis[2(2-chloroethyl-thio)ethyliester)). 

(5) L (Dichloro(2-chlorovinyparsine). 

(6) VX (O0-ethyl-S-(2-diisopropylaminoethyl) methyl 

phosphonothiolate). 

The above listed chemical munitions have the Indiana hazardous 

waste number I001 and are subject to all requirements for 

acute hazardous wastes in this article except as provided in 

subsection (b). 

(b) The commissioner may establish alternative requirements for wastes listed in this section and for wastes derived 

from those listed wastes. (Solid Waste Management Board; 

329 IAC 3.1-6-3; filed May 6, 1994, 5:00 p.m.: 17 IR 2063; 

readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 

13, 2005, 11:30 a.m.: 28 IR 2663) 

SECTION 4. 329 IAC 3.1-7.5 IS ADDED TO READ AS 

FOLLOWS: 

Rule 7.5. Rejection of Hazardous Waste 

329 IAC 3.1-7.5-1 Rejection prior to signing manifest 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected; IC 13-11-2-125; IC 13-22-2; IC 13-22-5-1; 40 CFR 262 

Sec. 1. A hazardous waste facility owner or operator may 

reject all of a hazardous waste shipment for any reason 

before signing the manifest. (Solid Waste Management Board; 

329 MC 3.1-7.5-1; filed Apr 13, 2005, 11:30 a.m.. 28 IR 2663, 

eff Jul 1, 2005) 

329 IAC 3.1-7.5-2 Rejection after signing manifest 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-2; 40 CFR 262 

Sec. 2. After the manifest is signed, a hazardous waste 

facility owner or operator may reject all or part of a 

hazardous waste shipment that: 

(1) does not conform to the terms of the agreement under 

which the hazardous waste facility agrees to manage the 

hazardous waste; 

(2) does not conform to the requirements of the hazardous 

waste facility's permit; 

(3) would require a deviation from the hazardous waste 

facility's standard operating procedures; or 

(4) cannot., with reasonable efforts, be removed from the 

vehicle or the container in which the hazardous waste was 

transported. 

(Solid Waste Management Board; 329 IAC 3.1-7.5-2; filed pr 

13, 2005, 11:30 a.m.; 28 IR 2663, eff Jul 1, 2005) 

329 IAC 3.1-7.5-3 Rejection after signing manifest; compliance by facility 

Authority; IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-3; 40 CFR 262 

Sec. 3. If a hazardous waste facility owner or operator 

rejects under section 2 of this rule all or part of a hazardous 

waste shipment, the hazardous waste facility shall comply 

with the requirements of this rule. (Solid Waste Management 

Board; 329 IAC 3.1-7.5-3; filed Apr 13, 2005, 11:30 a.m.: 28 

IR 2663, eff Jul 1, 2005) 

329 IAC 3.1-7.5-4 Rejection after signing manifest; facility 

not generator; facility not liable 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-4; IC 13-25-4; 40 

CFR 262 

Sec. 4. A hazardous waste facility that rejects all or part 

of a hazardous waste shipment under section 2 of this rule 

is not: 

(1) considered a generator of the rejected hazardous 

waste; and 

(2) liable for any rejected part of the hazardous waste 

shipment under IC 13-25-4. 

Indiana Register, Volume 28, Number 9, June 1, 2005 

2663 
(Solid Waste Management Board; 329 MC 3.1-7.5-4; filed Apr 

13, 2005, 11:30 a.m.: 28 IR 2663, effJul 1, 2005) 

329 IAC 3.1-7.5-5 Rejection after signing manifest; facility 

owner or operator duty to contact 

generator and secure waste 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13.22-5-5; 40 CFR 262 

Sec. 5. If a hazardous waste facility owner or operator 

rejects all or part of a shipment of hazardous waste after the 

owner or operator has signed the manifest, the hazardous 

waste facility owner or operator shall contact the generator, 

who shall direct the owner or operator to: 

(1) return the rejected shipment to the generator; or 

(2) transport the rejected shipment to an alternate 

hazardous waste facility selected by the generator. 

(Solid Waste Management Board; 329 _MC 3.1-7,5-5; filed Apr 

13, 2005, 11:30 a.m.: 28 IR 2664, effJul 1, 2005) 

329 IAC 3.1-7.5-6 Rejected waste; manifest 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-6; 40 CFR 262 

Sec. 6. (a) If the rejected load is to be returned to a 

generator, the generator shall complete a new manifest form 

in accordance with 40 CFR 262, incorporated by reference 

in 329 IAC 3.1-74, except the following: 

(1) Line out the word "generator" in Box 3 of the manifest 

and insert the words "rejecting facility". 

(2) Line out the words "designated facility" in Box 9 of the 

manifest and insert the word "generator". 

(3) In Box 15 of the manifest, write: 

(A) the words "REJECTED LOAD" in large block 

print; and 

(B) the manifest document number of the original 

manifest for the rejected load. 

(b) The rejected load manifest must accompany the 

shipment back to the generator. The generator retains all 

responsibility for transportation of the rejected waste. (Solid 

Waste Management Board, 329 IAC 3.1-7.5-6; filed Apr 13, 

2005, 11:30 am.: 28 IR 2664, effJul 1, 2005) 

329 IAC 3.1-7.5-7 Rejected waste; duties of generator and 

rejecting facility 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-7; 40 CFR 262 

Sec. 7. (a) When the rejected waste and the new manifest 

created in accordance with section 6 of this rule are received 

by the generator, the generator shall do the following: 

(1) Note any discrepancies in Box 19 of the new manifest. 

(2) Line out the words "Facility Owner or Operator" in 

Box 20 of the new manifest and insert the words "Receiving generator". 

(3) Sign Box 20 of the new manifest. 

(4) Give a copy of the new manifest to the transporter. 

(5) Mail a copy of the new manifest to the rejecting facility 

not more than five (5) days after receipt of the shipment 

and the new manifest. 

(b) The receiving generator and rejecting facility shall 

retain copies of the new manifest from the rejected load for 

not less than three (3) years after the date of receipt. (Solid 

Waste Management Board; 329 MC 3.1-7.5-7; filed Apr 13, 

2005, 11.30 a.m.: 28 IR 2664, effJul 1, 2005) 

329 IAC 3.1-7.5-8 Rejecting facility; nonreceipt of manifest within time limit 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-8; 40 CFR 262 

Sec. 8. If the rejecting facility does not receive a copy of 

the new manifest with the handwritten signature of the 

generator in Box 20 in not more than thirty-five (35) days 

from the date the rejected waste was accepted for transport 

back to the generator, the rejecting facility shall comply 

with the exception reporting requirements in 40 CFR 

264.72, incorporated by reference in 329 IAC 3.1-9-1, or 40 

CFR 265.72, incorporated by reference in 329 IAC 3.1-10-1. 

(Solid Waste Management Board; 329 IAC 3. 1-7.5-8; filed Apr 

13, 2005, 11:30 a.m.: 28 IR 2664, effJul 1, 2005) 

329 IAC 3.1-7.5-9 Generator; temporary retention of rejected waste 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-9; 40 CFR 262 

Sec. 9. The generator may retain the hazardous waste at 

the location of receipt for not more than ninety (90) days 

following receipt of the rejected load before shipment to a 

permitted facility. The generator shall manage the waste 

during the retention period in accordance with 40 CFR 

262.34, incorporated by reference in 329 IAC 3.1-9-1. (Solid 

Waste Management Board; 329 IAC 3.1-7.5-9; filed Apr 13, 

2005, 11:30 a.m.: 28 IR 2664, effJul 1, 2005) 

329 IAC 3.1-7.5-10 Rejected waste; transfer to alternate facility; generator to forward manifest to rejecting facility 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-10; 40 CFR 262 

Sec. 10. If the rejected load is to be shipped to an 

alternate hazardous waste management facility, the 

generator shall complete the manifest form identifying the 

generator as the generator and specifying the alternate 

designated facility. The generator shall forward the 

manifest to the rejecting facility to accompany the shipment to the alternate facility. (Solid Waste Management 

Board; 329 IAC 3.1-7.5-10; filed Apr 13, 2005, 11:30 a.m.: 

28 IR 2664, effJul 1, 2005) 

Indiana Register, Volume 28, Number 9, June 1, 2005 

2664 
329 IAC 3.1-7.5-11 Mixture of waste from multiple generators by transporter; responsibilities 

Authority: IC 13-14-8; IC 13-22-2-4; IC 13-22-5-12 

Affected: IC 13-11-2-125; IC 13-22-2; IC 13-22-5-11; 40 CFR 262 

Sec. 11. If hazardous waste from more than one (1) 

generator is mixed together by the transporter before 

delivery to the hazardous waste facility, the transporter 

shall assume all responsibility for proper disposition of the 

rejected waste, including the responsibility to: 

(1) designate an alternate hazardous waste facility; and 

(2) assure delivery to the designated alternate hazardous 

waste facility. 

(Solid Waste Management Board; 329 IAC 3.1-7.5-11; filed Apr 

13, 2005, 11:30 am.: 28 IR 2665, eff Jul 1, 2005) 

SECTION 5. 329 IAC 3.1-12-2 IS AMENDED TO READ 

AS FOLLOWS: 

329 IAC 3.1-12-2 Exceptions and additions; land disposal 

restrictions 

Authority: IC 13-14-8; IC 13-22-2-4 

Affected: IC 13-11-2-155; IC 13-22-2; 40 CFR 268 

Sec. 2. Exceptions and additions to land disposal restrictions 

are as follows: 

(1) Primacy for granting exemptions from land disposal 

restrictions incorporated in this rule are retained as federal 

authorities and must be granted by the administrator of the 

EPA. Exemptions for which federal primacy is retained are 

described as follows: 

(A) Case-by-case extensions to federal effective dates 

pursuant to 40 CFR 268.5. 

(B) Petitions to allow land disposal of a waste prohibited 

under 40 CFR 268, Subpart C, pursuant to 40 CFR 268.6. 

(C)Approval of alternate treatment methods pursuant to 40 

CFR 268.42(b). 

(D) Exemption from a treatment standard pursuant to 40 

CFR 268.44. 

(2) For the reason described in subdivision (1), delete the 

following: 

(A)40 CFR 268.5. 

(B) 40 CFR 268.6. 

(C) 40 CFR 268.42(b). 

(D) 40 CFR 268.44. 

(3) Any person requesting an exemption described in subdivision (1) must comply with 329 IAC 3.1-5-6. 

(4) Delete 40 CFR 268.1(e)(3) and substitute the following: 

Hazardous wastes which are not identified or listed in 40 CFR 

268, Subpart C or Subpart D, as incorporated in this rule. 

(5) In Delete 40 CFR 268.2(e) delete '40 CFR 761.3" and 

 "329 IAC 4.1". and substitute the following: 

Polychlorinated biphenyls or PCBs have the meaning set 

forth in IC 13-11-2-155. 

(6} Dcictc 40 CFR 268.8. 

(6) Delete 40 CFR 268.9(d) and substitute the following: 

Wastes that exhibit a characteristic are also subject to the 

requirements of 40 CFR 268.7, except that once the waste is 

no longer hazardous, a one (1) time notification and certification must be placed in the generator's or treater's files and 

sent to the commissioner. The notification must include the 

following information: 

(A) The name and address of the solid waste facility 

receiving the waste shipment. 

(B) A description of the waste as initially generated, 

including the applicable EPA hazardous waste number. 

(C)The treatment standards applicable to the waste at the 

initial point of generation. 

(D) The certification must be signed by an authorized 

representative and must state the language found in 40 CFR 

268.7(1)(5)(0. 40 CFR 268.7(b)(4). 

The notification and certification that is placed in the generator's or treater's files must be updated if the process or 

operation generating the waste changes or if the facility 

receiving the waste changes. 

(-8-) ('7) Delete 40 CFR 268, Subpart. B. 

€9-) (8) In 40 CFR 268, Subpart C, all references to effective 

dates which precede the effective date of this rule shall be 

replaced with the effective date of this rule. 

t-1-0) (9) Delete 40 CFR 268.33. 

(Solid Waste Management Board; 329 IAC 3.1-12-2; filed Jan 

24, 1992, 2:00 p.m.: 15 IR 939; filed "Jul 18, 1996, 3:05 p.m.: 

19 IR 3358; filed Aug 7, 1996, 5:00 p.m.: 19 IR 3366; filed Mar 

6, 2000, 8:02 a.m.: 23 IR 1639; readopted filed Jan 10, 2001, 

3:25 p.m.; 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 

2435; errata filed May 8, 2003, 9:40 a.m.: 26 IR 3046; filed 

Apr 13, 2005, 11:30 am.: 28 IR 2665) 

SECTION 6. 329 IAC 3.1-13-2 IS AMENDED TO READ 

AS FOLLOWS: 

329 IAC 3.1-13-2 Exceptions and additions; permit program 

Authority: IC 13-14-8; IC 13-22-2-4 

Affected: IC 4-21.5; IC 13-15; IC 13-22-2; IC 13-22-3; IC 13-30; 40 

CFR 270 

Sec. 2. Exceptions and additions to federal procedures for the 

state administered permit program are as follows: 

(1)Delete 40 CFR 270.1(a) dealing with scope of the permit 

program and substitute the following: This rule establishes 

provisions for the state hazardous waste program pursuant to 

IC 13-15 and IC 13-22-3. 

(2)In addition to the procedures of 40 CFR 270 as incorporated in this rule, sections 3 through 17 of this rule set forth 

additional state procedures for denying, issuing, modifying, 

revoking and reissuing, and terminating all final state permits 

other than "emergency permits" and "permits by rule". 

(3)Delete 40 CFR 270.1(b). 

(4)Delete 40 CFR 270.3. 

(5) Delete 40 CFR 270.10 dealing with general permit 

application requirements and substitute section 3 of this rule. 

Indiana Register, Volume 28, Number 9, June 1, 2005 

2665 
(6) Delete 40 CFR 270.12 dealing with confidentiality of 

information and substitute section 4 of this rule. 

(7) Delete 40 CFR 270.14(b)(18). 

(8) Delete 40 CFR 270.14(b)(20). 

(9) In 40 CFR 270.32(a), delete references to "alternate 

schedules of compliance" and "considerations under federal 

law". These references in the federal permit requirements are 

only applicable to federally issued permits. 

(10) In 40 CFR 270.32(b)(2), delete "under section 3005 of 

this act" and substitute "this article". 

0-0) (11) Delete 40 CFR 270.32(c) dealing with the establishment of permit conditions and substitute the following: If new 

requirements become effective, including any interim final 

regulations, during the permitting process which are: 

(A) prior to modification, or revocation and reissuance, of 

a permit to the extent allowed in this rule; and 

(B) of sufficient magnitude to make additional proceeding 

desirable, the commissioner shall, at fter the commissioner's discretion, reopen the comment period. 

(11) (12) Delete 40 CFR 270.50 dealing with duration of 

permits and substitute section 15 of this rule. 

(12) (13) Delete 40 CFR 270.51 dealing with continuation of 

expiring permits and substitute section 16 of this rule. 

(13) (14) Delete 40 CFR 270.64. 

(14) (15) In addition to the criteria described in 40 CFR 

270.73, interim status may also be terminated pursuant to a 

judicial decree under IC 13-30 or final administrative order 

under IC 4-21.5. 

(Solid Waste Management Board; 329 IAC 3.1-13-2; filed Jan 

24, 1992, 2:00 p.m.: 15 IR 940; filed Jul 18, 1996, 3:05 p.m.: 

19 IR 3358; filed Aug 7, 1996, 5:00 p.m.: 19 IR 3367; errata 

filed Aug 7, 1996, 5:01 p.m.: 19 IR 3471; errata filed Jan 10, 

2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 

3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 

2436; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2665) 

SECTION 7. 329 IAC 13-3-1 IS AMENDED TO READ-AS 

FOLLOWS: 

329 IAC 13-3-1 Applicability 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13- 

23; IC 13-30; 40 CFR 261; 40 CFR 761.20(e) 

Sec. 1. (a) The department presumes that used oil is to be 

recycled unless a used oil handler disposes of used oil or sends 

used oil for disposal. Except as provided in section 2 of this 

rule, this article applies to used oil, and to materials identified 

in this section as being subject to regulation as used oil, whether 

or not the used oil or material exhibits any characteristics of 

hazardous waste identified in 40 CFR 261, Subpart C, revised 

as of July 1, 2002. 2003. 

(b) Mixtures of used oil and hazardous waste must be handled 

as follows: 

(1) For mixtures of used oil with a listed hazardous waste, the 

following shall apply: 

(A) Mixtures of used oil and hazardous waste that is listed 

in 40 CFR 261, Subpart D, revised as of July 1, 2002, 2003, 

are subject to regulation as hazardous waste under 329 IAC 

3.1 rather than as used oil under this article. 

(B.) Used oil containing more than one thousand (1,000) 

parts per million total halogens is presumed to be a hazardous waste because it has been mixed with halogenated 

hazardous waste listed in 40 CFR 261, Subpart D, revised 

as of July 1, 2002. 2003. Persons may rebut this presumption by demonstrating that the used oil does not contain 

hazardous waste. For example, this may be done by using 

an analytical method from U.S. Environmental Protection 

Agency Publication SW-846, as defined in 329 IAC 10-2-

197.1, to show that the used oil does not contain significant 

concentrations of halogenated hazardous constituents listed 

in 40 CFR 261 Appendix VIII, revised as of July 1, 

2003. U.S. Environmental Protection Agency Publication 

SW-846 is available from the Government Printing Office, 

Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 783-3238. Request 

document number 955-001-00000-1. The rebuttable 

presumption does not apply to the following: 

(i) Metalworking oils or fluids containing , chlorinated 

paraffins, if they are processed, through a tolling arrangement as described in 3291A 13-4-5(c), 329 IAC 13-4- 

5(3), to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if such oils 

or fluids are recycled in any other manner or disposed. 

(ii) Used oils contaminated with chlorofluorocarbons 

(CFCs) removed from refrigeration units where the CFCs 

are destined for reclamation. The rebuttable presumption 

does apply to used oils contaminated with CFCs that have 

been mixed with used oil from sources other than refrigeration units. ' 

(2) Used oil mixed with characteristic hazardous waste 

identified in 40 CFR 261, Subpart C, revised as of July 1, 

2002, 2003, are subject to 329 IAC 3.1. 

(3) Mixtures of used oil and conditionally exempt small 

quantity generator hazardous waste regulated under 40 CFR 

261.5, revised as of July 1, 2002, 2003, are subject to regulation as used oil under this article. 

(c) Materials containing or otherwise contaminated with used 

oil must be handled as follows: 

(1) Except as provided in subdivision (2), materials containing or otherwise contaminated with used oil from which the 

used oil has been properly drained or removed to the extent 

possible such that no visible signs of free-flowing oil remain 

in or on the material: 

(A) are not used oil and thus not subject to this article; and 

(B) if applicable, are subject to the hazardous waste 

regulations under 329 IAC 3.1. 

(2) Materials containing or otherwise contaminated with used 

oil that are burned for energy recovery are subject to regulaIndiana Register, Volume 28, Number 9, June 1, 2005 

2666 
tion as used oil under this article. 

(3) Used oil drained or removed from materials containing or 

otherwise contaminated with used oil is subject to regulation 

as used oil under this article. 

(d) Mixtures of used oil with products must be handled as 

follows: 

(1)Except as provided in subdivision (2), mixtures of used oil 

and fuels or other fuel products are subject to regulation as 

used oil under this article. 

(2) Mixtures of used oil and diesel fuel mixed on-site by the 

generator of the used oil for use in the generator's own 

vehicles are not subject to this article once the used oil and 

diesel fuel have been mixed. Prior to mixing, the used oil is 

subject to the requirements of 329 IAC 13-4. 

(e) Materials derived from used oil must be handled as 

follows: 

(1) Materials that. are reclaimed from used oil that are used 

beneficially and are not burned for energy recovery or used in 

a manner constituting disposal, such as re-refined lubricants, 

are: 

(A) not used oil and thus are not subject to this article; and 

(B) not solid wastes and are thus not subject to the hazardous waste regulations under 329 IAC 3.1 as provided in 40 

CFR 261.3(c)(2)(A), revised as of July 1, 2002. 2003. 

(2) Materials produced from used oil that are burned for 

energy recovery, such as used oil fuels, are subject to regulation as used oil under this article. 

(3) Except as provided in subdivision (4), materials derived 

from used oil that are disposed of or used in a manner 

constituting disposal are: 

(A) not used oil and thus are not subject to this article; and 

(B) are solid wastes and thus are subject to the hazardous 

waste regulations under 329 IAC 3.1 if the materials are 

listed or identified as hazardous waste. 

(4) Used oil re-refining distillation bottoms that are used as 

feedstock to manufacture asphalt products are not subject to 

this article. 

(0 Wastewater, the discharge of which is subject to regulation 

under either Section 402 or 307(b) of the Clean Water Act, 33 

U.S.C. 1342 or 33 U.S.C. 1317(b), respectively, including 

wastewaters at facilities that have eliminated the discharge of 

wastewater, contaminated with de minimis quantities of used oil 

are not subject to the requirements of this article. As used in this 

subsection, "de minimis quantities of used oils" means small 

spills, leaks, or drippings from pumps, machinery, pipes, and 

other similar equipment during normal operations or small 

amounts of oil lost to the wastewater treatment system during 

washing or draining operations. This exception will not apply if 

the used oil is discarded as a result of abnormal manufacturing 

operations resulting in substantial leaks, spills, or other releases, 

or to used oil recovered from wastewaters. 

(g) Used oil introduced into crude oil pipelines or a petroleum 

refining facility must be handled as follows: 

(1) Used oil mixed with crude oil or natural gas liquids, such 

as in a production separator or crude oil stock tank, for 

insertion into a crude oil pipeline is exempt from the requirements of this article. The used oil is subject to the requirements of this article prior to the mixing of used oil with crude 

oil or natural gas liquids. 

(2) Mixtures of used oil and crude oil or natural gas liquids 

containing less than one percent (1%) used oil that are being 

stored or transported to a crude oil pipeline or petroleum 

refining facility for insertion into the refining process at a 

point prior to crude distillation or catalytic cracking are 

exempt from the requirements of this article. 

(3) Used oil that is inserted into the petroleum refining facility 

process before crude distillation or catalytic cracking without 

prior mixing with crude oil is exempt from the requirements 

of this article provided that the used oil constitutes less than 

one percent (1%) of the crude oil feed to any petroleum 

refining facility process unit at any given time. Prior to 

insertion into the petroleum refining facility process, the used 

oil is subject to the requirements of this article. 

(4) Except as provided in subdivision (5), used oil that is 

introduced into a petroleum refining facility process after 

crude distillation or catalytic cracking is exempt from the 

requirements of this article only if the used oil meets the 

specification of section 2 of this rule. Prior to insertion into 

the petroleum refining facility process, the used oil is subject 

to the requirements of this article. 

(5) Used oil that is incidentally captured by a hydrocarbon 

recovery system or wastewater treatment system as an article 

of routine process operations at a petroleum refining facility 

and inserted into the petroleum refining facility process is 

exempt from the requirements of this article. This exemption 

does not extend to used oil that is intentionally introduced into 

a hydrocarbon recovery system, such as by pouring collected 

used oil into the wastewater treatment system. 

(6) Tank bottoms from stock tanks containing exempt 

mixtures of used oil and crude oil or natural gas liquids are 

exempt from the retirements of this article. 

(h) Used oil produced on vessels from normal shipboard 

operations is not subject to this article until it is transported 

ashore. 

(i) in addition to the requirements of this article.., u arketers 

arid of used oil who mar LA Used oil containing any 

quantifiable level of poly 1,1 ted 1-s (PCB are less 

than fifty (50) parts per million PCB is subject to the requirements Ratio.* at 40 CFR 761.200), revised as of Jug,,- 2-47+999: 

of this article unless, because of dilution, it is regulated 

under 329 IAC 4.1 as a used oil containing PCB at fifty (50) 

parts per million or greater. Used oil containing PCB 

subject to the requirements of this article may also be 

subject to the prohibitions and requirements found in 329 

IAC 4.1. 

Indiana Register, Volume 28, Number 9, June _1, 2005 

2667 
co Used oil containing PCB at concentrations of fifty (50) 

parts per million or greater is not subject to the requirements of this article, but is subject to regulation under 329 

IAC 4.1. No person may avoid these provisions by diluting 

used oil containing. PCB, unless otherwise specifically 

provided for in this article or in 329 IAC 4.1. 

(k) The use of waste oil that contains equal to or greater 

than two (2) parts per million PCB as a sealant, coating, or 

dust control agent is prohibited. Prohibited uses include, but 

are not limited to, road oiling, general dust control, use as a 

pesticide or herbicide carrier, and use as a rust preventative 

on pipes. 

(1) In addition to any applicable requirements under 329 

IAC 13-8 and 329 IAC 13-9, marketers and burners of used 

oil who market, process, or distribute in commerce for 

energy recovery, used oil containing equal to or greater than 

two (2) parts per million PCB must comply with section 4 of 

this rule. 

(n) 40 CFR 261 and 40 CFR 761 are available from the 

Government Printing Office, Superintendent of Documents, P.O. 

Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 783-

3238. (Solid Waste Management Board, -329 IAC 13-3-4; filed 

Feb 3, 1997, 9:15 am: 20 IR 1494; readopted filed Sep 7, 

2001, 1:35 p.m.: 25 IR 238; filed Jul 14, 2004, 9:15 a. m:: 27 IR 

3978; filed Apr 13, 2005, ;30 aim.: 28 IR 2666) 

SECTION 8. 329 IAC 13-3-4 IS ADDED TO READ AS 

FOLLOWS: 

329 IAC 13-3-4 Marketing used oil containing any quantifiable level of PCB 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13- 

23; IC 13-30; 40 CFR 261; 40 CFR 761.20(e) 

Sec. 4. (a) In addition to any applicable requirements in 

329 IAC 13-8 through 329 IAC 13-9, marketers and burners 

of used oil who market, process, or distribute in commerce 

for energy recovery, used oil containing greater than or 

equal to two (2) parts per million PCB are subject to the 

requirements of this section. 

(b) Used oil containing greater than or equal to two (2) 

parts per million PCB may be marketed only to: 

(1) Qualified incinerators as defined in 40 CFR 761.3, 

incorporated by reference in 329 IAC 4.1-2-1. 

(2) Marketers who market off-specification used oil for 

energy recovery only to other marketers who have 

complied with 329 IAC 13-9-4. 

(3) Burners identified in 329 IAC 13-8-2(a)(1) through 329 

IAC 13-8-2(a)(2). Only burners in the automotive industry 

may burn used oil generated from automotive sources in 

used oil-fired space heaters provided the provisions of 329 

IAC 13-4-4 are met. The commissioner may grant a 

variance for a boiler that does not meet the criteria in 329 

IAC 13-8-2(a)(1) through 329 IAC 13-8-2(a)(2) after 

considering the criteria listed in 40 CFR 260.32(a) 

through 40 CFR 260.32(1), incorporated by reference in 

329 IAC 3.1-5-4. The applicant must address the relevant 

criteria contained in 40 CFR 260.32(a) through 40 CFR 

260.32(1) in an application to the commissioner. 

(c) Used oil to be burned for energy recovery is presumed 

to contain greater than or equal to two (2) parts per million 

PCB unless the marketer obtains test analyses or other 

information that the used oil fuel does not contain greater 

than or equal to two (2) parts per million PCB. 

(1) The person who first claims that a used oil fuel does 

not contain greater than or equal to two (2) parts per 

million PCB must obtain analyses or other information to 

support that claim. 

(2) Testing to determine the PCB concentration in used oil 

may be conducted on individual samples, or in accordance 

with the testing procedures described in § 761.60(g)(2), 

incorporated by reference in 329 IAC 4.1-4-1. However, 

for purposes of this part, if any PCBs at a concentration 

of fifty (50) parts per million or greater have been added 

to the container or equipment, then the total container 

contents must be considered as having a PCB concentration of fifty (50) parts per million or greater for purposes 

of complying with the disposal requirements of this part. 

(3) Other information documenting that the used oil fuel 

does not contain greater than or equal to two (2) parts per 

million PCB may consist of either personal, special 

knowledge of the source and composition of the used oil, 

or a certification from the person generating the used oil 

claiming that the oil does not contain greater than or 

equal to two (2) parts per million PCB. 

(d) Persons subject to this section shall comply with the 

following restrictions on burning: 

(1) Used oil containing greater than or equal to two (2) 

parts per million PCB may be burned for energy recovery 

only in the combustion facilities identified in subsection 

(b) when such facilities are operating at normal operating 

temperatures. Used oil containing greater than or equal to 

two (2) parts per million PCB must not be burned during 

either startup or shutdown operations. Owners and 

operators of such facilities are burners of used oil fuels. 

(2) Before a burner accepts from a marketer the first 

shipment of used oil fuel containing greater than or equal to two 

(2) parts per million PCB, the burner must provide the 

marketer a one-time written and signed notice certifying that: 

(A) The burner has complied with any notification 

requirements applicable to qualified incinerators as 

defined in 40 CFR 761.3, incorporated in 329 IAC 4.1-2-

1, or to burners regulated under 329 IAC 13-8. 

(B) The burner will burn the used oil only in a combustion facility identified in subsection (b) and identify the 

class of burner he qualifies. 

Indiana Register, Volume 28, Number 9, June 1, 2005 

2668 
(e) The following record keeping requirements are in 

addition to the record keeping requirements for marketers 

found in 329 IAC 13-9-3(b), 329 IAC 13-9-5, and 329 IAC 

13-9-6, and for burners found in 329 IAC 13-8-6 and 329 

IAC 13-8-7: 

(1) Marketers who first claim that the used oil fuel 

contains greater than or equal to two (2) parts per million 

PCB must: 

(A)include among the records required by 329 IAC 13-

9-3(b) and 329 IAC 13-9-5(b) through 329 IAC 13-9-

5(c), copies of the analysis or other information documenting his claim; and 

(B) include among the records required by 329 IAC 13-

9-5(a), 329 IAC 13-9-5(c), and 329 IAC 13-9-6, a copy of 

each certification notice received or prepared relating 

to transactions involving used oil containing PCB. 

(2) Burners must include among the records required by 

329 IAC 13-8-6 and 329 IAC 13-8-7 a copy of each 

certification notice required by subsection (d)(2) that the 

burner sends to a marketer. 

(Solid Waste Management Board; 329 IAC 13-3-4; filedApr 13, 

2005, 11:30 a.m.: 28 IR 2668) 

SECTION 9.329 IAC 13-9-5 IS AMENDED TO READ AS 

FOLLOWS: 

329 IAC 13-9-5 Tracking 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-

23; IC 13-30 

Sec. 5. (a) Any used oil marketer who directs a shipment of 

off-specification used oil to a burner must keep a record of each 

shipment of used oil to a used oil burner. These records may 

take the form of a log, invoice, manifest, bill of lading, or other 

shipping documents. Records for each shipment must include 

the following information: 

(1)The name and address of the transporter who delivers the 

used oil to the burner. 

(2) The name and address of the burner who will receive the 

used oil. 

(3) The EPA identification number of the transporter who 

delivers the used oil to the burner. 

(4) The EPA identification number of the burner. 

(5)The quantity of used oil shipped. 

(6) The date of shipment. 

(b) A generator, transporter, processor or re-refiner, or burner 

who first claims that used oil that is to be burned for energy 

recovery meets the fuel specifications under 329 IAC 13-3-2 

must keep a record of each shipment of used oil to art OTT. 

p .0 the facility to which it delivers the used oil. 

Records for each shipment must include the following 

information: 

(1) The name and address of the facility receiving the shipment. 

(2) The quantity of used oil fuel delivered. 

(3) The date of shipment or delivery. 

(4) A cross-reference to the record of used oil analysis or 

other information used to make the determination that the oil 

meets the specification as required under section 3(a) of this 

rule. 

(c) The records described in this section must be maintained 

for at least three (3) years. (Solid Waste Management Board; 

329 IAC 13-9-5; filed Feb 3, 1997, 9:15 aim.: 20 IR 1513; 

readopte filed Jan 10, 2001, 3:25 p.m.: 24 IR1535; filed Apr 

13, 2005, 11:30 a.m.: 28 IR 2669) 

SECTION 10. SECTION 4 of this document takes effect 

July 1, 2005. 

LSA Document #03-312(F) 

Proposed Rule Published: September 1, 2004; 271R 4109 

Hearing Held: October 19, 2004 

Approved by Attorney General: March 41, 2005 

Approved by Governor: April 8, 2005 

Filed with Secretary of State: April 13, 2005, 11:30 am. 

IC 4-22-7-5(c) Notice from Secretary of State Regarding 

Documents Incorporated by Reference: 40 CFR 60, Appendix 

A-I, revised as of July 1, 2003; 40 CFR 60, Appendix A-2, 

revised as ofJuly 1, 2003; 40 CFR 60, Appendix A-3, revised as 

ofJuly 1, 2003; 40 CFR 60, Appendix A-4, revised as ofJuly 1, 

2003; 40 CFR 60, Appendix A-5, revised as of July 1, 2003; 40 

CFR 60, Appendix A-6, revised as of July I, 2003; 40 CFR 60, 

Appendix A-7, revised as ofJuly 4, 2003; 40 CFR 60, Appendix 

A-8, revised as of July 4, 2003; 40 CFR 146, revised as ofJuly 

1, 2003; 40 CFR 260.10, revised as of July I, 2003; 40 CFR 

260.22, revised as ofJuly 1, 2003; 40 CFR 260.30 through 40 

CFR 260.33, revised as ofJuly 1, 2003; 40 CFR 260.40 through 

40 CFR 260.41, revised as ofJuly 1, 2003; 40 CFR 261, revised 

as of July 1, 2003; 40 CFR 262, revised as of July 1, 2003; 40 

CFR 263, revised as ofJuly 1, 2003; 40 CFR 264, revised as of 

July 1, 2003; 40 CFR 265, revised as of July 1, 2003; 40 CFR 

266, revised as of July I, 2003; 40 CFR 268, revised as ofJuly 

4, 2003; 40 CFR 270, revised as ofJuly 1, 2003; 40 CFR 273, 

revised as of July 1, 2003. 

TITLE 329 SOLID WASTE MANAGEMENT 

BOARD 

LSA Document #04-256(F) 

DIGEST 

Amends 329 IAC 10-2-112 and adds 329 IAC 10-11-6.5 

concerning a minor modification to a municipal solid waste 

landfill permit for research, development, and demonstration 

and to incorporate federal language, with minor wording 

changes, into the Indiana rules. Effective 30 days after filing 

with the secretary of state. 

Indiana Register, Volume 28, Number 9, June 1, 2005 

2669 

Indiana Register 

TITLE 329 SOLID WASTE MANAGEMENT BOARD 

Final Rule 

LSA Document #05-66(F) 

DIGEST 

Adds 329 IAC 3.1-1-12.5 to provide a mailing address for notifications required in the article. Amends 329 

lAC 3.1-1-7, 329 IAC 3.1-1-9, 329 IAC 3,1-7-2, 329 lAC 13-3-1, 329 lAC 13-6-5, 329 IAC 13-7-4, and 329 FAG 13- 

8-4 to incorporate by reference the July 1, 2005, edition of the federal hazardous waste management regulations 

in 40 CFR 260 through 40 CFR 273, and the changes to the federal hazardous waste program published on 

August 5, 2005 (70 FR 45508). Amends 329 IAC 3,1-1-14.1 to eliminate an obsolete fee. Amends 329 LAC 3.1-6-

3 to more accurately describe the actual requirements generators of those wastes must follow. Repeals 329 IAC 

3.1-7.5. Partially effective 30 days after filing with the Secretary of State and partially effective September 5, 2006. 

HISTORY 

First Notice of Comment Period: May 1, 2005, Indiana Register (28 IR 2470). 

Second Notice of Comment Period and Notice of First Hearing: October 1, 2005, Indiana Register (29 IR 

223). 

Date of First Hearing: November 15, 2005. 

Proposed Rule, Third Notice of Comment Period, and Notice of Second Hearing: January 1, 2006, Indiana 

Register (29 IR 1260). 

Change of Notice of Second Hearing: February 1, 2006, Indiana Register (29 IR 1582). 

Date of Second Hearing: March 21, 2006. 

329 IAC 3.1-1-7; 329 IAC 3.1-1-9; 329 IAC 3.1-1-12.5; 329 IAC 3.1-1-14.1; 329 IAC 3.1-6-3; 329 IAC 3.1-7-2; 

329 IAC 3.1-7.5; 329 IAC 13-3.1; 329 IAC 13-6-5; 329 IAC 13-7-4; 329 IAC 13-8-4 

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, 2003. 2005, and amended on 

August 5, 2005, at 70 FR 45520 through 70 FR 45522. 

(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, 2003. 2005. 

(2) 40 CFR 60, Appendix A-1, revised as of July 1, 2003. 2005. 

(3) 40 CFR 60, Appendix A-2, revised as of July 1, 2003. 2005. 

(4) 40 CFR 60, Appendix A-3, revised as of July 1, 2003. 2005. 

(5) 40 CFR 60, Appendix A-4, revised as of JGovernment 200a. 2005. 

(6) 40 CFR 60, Appendix 204927P.Osed as of July 1, 2043,2005. 

(7) 40 CFR 60, Appendix A-6, revised as of July 1, 2003. 2005. 

(8) 40 CFR 60, Appendix A-7, revised as of July 1, 2003. 2005. 

(9) 40 CFR toll-freedix A-8, revised as of July 1, 2993, 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, Covernment Printing Officc, Washington, D.C. 

294927P.O. Box 371954, Pittsburgh, PA 15250-7954, or on-line at http://bookstore.gpo.gov/. The telephone 

number for the Government Printing Office is (202) 512-1800 or toil-free (866) 512-1800. The incorporated 

materials are available for public review at the offices of the department of environmental management. 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-IR-329050066FRA Page 1 
Indiana Register 

(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.: 191R 3353; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1111; filed Oct 31, 1997, 8:45 aim.: 

21 IR 947; filed Mar 19, 1998, 10:05 aim.: 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) 

SECTION 2. 329 IAC 3.1-1-9 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 3.1-1-9 Conversion of federal terns 

Authority: IC 13-14-8; IC 13-19-3-1 

Affected: IC 13-14-8; 40 CFR 260 through 40 CFR 270 

Sec. 9. (a) When used in 40 CFR, as adopted in this article, substitute the following unless otherwise 

indicated: 

(1) "Act" means the Environmental Management Act. 

(2) "Administrator" means the commissioner of the Indiana department of environmental management. 

(3) "Agency" means the Indiana department of environmental management. 

(4) "Director" means the commissioner of the Indiana department of environmental management. 

(5) "Environmental protection agency" or "EPA" means the Indiana department of environmental management. 

(6) "He" means he, she, or it, without regard to gender. 

(7) "Notification requirements of section 3010" means the notification requirements of this article. 

(8) "RCRA permit" means state hazardous waste permit. 

(9) "Regional administrator means the commissioner of the Indiana department of environmental 

management. 

(10) "She" means he, she, or it, without regard to gender. 

(11) "State", "authorized state", "approved state", and "approved program" means Indiana, except at: 

(A) 40 CFR 260.10 in the definitions of ''person", "state", and "United States"; 

(B) 40 CFR 262; or 

(C) 40 CFR 270.2 in the definitions of "approved program" or "approved state", "director", "final 

authorization", "person", and "state". 

(12) "United States" means the state of Indiana. 

(13) "Variance" means exemption. 

(b) The following definitions found in 40 CFR 260.10 are excluded from the substitution of "commissioner of 

the Indiana department of environmental management" for "administrator" or "regional administrator" in 

subsection (a): 

(1) Administrator. 

(2) Hazardous waste constituent. 

(3) Regional administrator. 

(c) The following definitions found in 40 CFR 260.10 are excluded from the substitution of "Indiana department 

of environmental management" for "environmental protection agency" in subsection (a): 

(1) Administrator. 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-1R-329050066FRA Page 2 
Indiana Register 

(2) EPA region. 

(3) Regional administrator. 

(d) The substitution of terms in subsection (a) does not apply in the following portions of 40 CFR 260 through 

40 CFR 270 as adopted in this rule: 

(1) 40 CFR 261.6(a)(3)(i)(A). 

(2) 40 CFR 261.6(a)(3)(i)(B). 

(3) 40 CFR 262.11. 

(4) 40 CFR 262.21. 

(4} (5) 40 CFR 262.51. 

(5) (6) 40 CFR 262.52. 

(6) (7) 40 CFR 262.53. See 329 IAC 3.1-7-2 for additional information. 

(7} (8) 40 CFR 262.54. See 329 LAC 3.1-7-2 for additional information. 

(9) 40 CFR 262.60. 

(g) (10) 40 CFR 264.12(a). 

(9-) (11) 40 CFR 265.12(a). 

{-1-0} (12) 40 CFR 270.2. 

{11) (13) 40 CFR 270.5. 

{12) (14) 40 CFR 270.11(a)(3). 

(13) (15) 40 CFR 270.32(b)(2). 

(14) (16) 40 CFR 270.32(c), 

(15) (17) 40 CFR 270.72(a)(5). 

{-1-63 (18) 40 CFR 270.72(b)(5). 

(e) In 40 CFR 263, all references to "EPA", "United States", and "administrator" are retained. 

(Solid Waste Management Board; 329 IA C 3.1-1-9;filed Jan 24, 1992, 2:00 p.m.: 15 IR 909; filed Jul 18, 1996, 

3:05 p.m: 19 IR 3353; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jun 9, 2006, 3:40 p.m.: 

20060712-1R-329050066FRA eff Sep 5, 2006) 

SECTION 3. 329 IAC 3.1-1-12.5 IS ADDED TO READ AS FOLLOWS: 

329 IAC 3.1-1-12.5 Mailing address for notifications 

Authority: IC 13-14-8; IC 13-22 

Affected: IC 13-15-11-3; IC 13-16; IC 13-22-12-2; IC 13-22-12-3; IC 13-30-4 

Sec. 12.5. Unless otherwise provided elsewhere in this article, notifications required by this article 

must be submitted to: 

Indiana Department of Environmental Management 

Office of Land Quality, Facility Data Analysis Section 

Room 1101 

100 North Senate Avenue 

Indianapolis, IN 46204-2251. 

(Solid Waste Management Board; 329 IAC 3.1-1-12.5:filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA) 

SECTION 4. 329 IAC 3.1-1-14.1 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 3.1-1-14.1 Fees 

Authority; IC 13-14-8; IC 13-22 

Affected: IC 13-15-11-3; IC 13-16; IC 13-22-12-2; IC 13-22-12-3; IC 13-30-4 

Sec. 14.1. (a) The following definitions apply throughout this section: 

(1) "Boilers and industrial fumaces" or "BIFs" means facilities as defined under "boilers" and "industrial 

fumaces" in 40 CFR 260.10. 

(2) "Class 2 modification" refers to the modification classification system described under 40 CFR 270.42. 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-IR-329050066FRA Page 3 
Indiana Register 

(3) "Class 3 modification" refers to the modification classification system described under 40 CFR 270.42. 

(4) "Generator" or "LQG" means a person that: 

(A) during the preceding calendar year: 

(i) generated in any calendar month more than one thousand (1,000) kilograms of hazardous waste or 

more than one (1) kilogram of acute hazardous waste; 

(ii) regardless of a person's rate of generation, accumulated at any time more than one (1) kilogram of 

acute hazardous waste; or 

(iii) regardless of a person's rate of generation, accumulated at any time more than six thousand (6,000) 

kilograms of hazardous waste; or 

(B) generated or accumulated in any calendar month more than one hundred (100) kilograms of spill 

clean-up material contaminated with acute hazardous waste. 

(5) "Ground water monitoring well" means a device required by a permit condition or applicable rule to monitor 

the quality of ground water during a twelve (12) month period. 

(6) "Land disposal" includes interim status and permitted hazardous waste landfills and interim status and 

permitted hazardous waste surface impoundments. 

(7) "Operation" or "operating", for the purpose of this section, means the following: 

(A) A hazardous waste treatment, storage, or disposal unit that will close by removing all waste is 

considered operating if waste is present in the unit as of January 1. 

(B) A disposal unit that will close leaving waste in place is considered operating until the unit has 

permanently stopped receiving waste as of January 1. 

(8) "Storage" means the term as defined in 40 CFR 260.10 and includes interim status and permitted 

hazardous waste storage. 

(9) "Treatment" Means the term as defined in 40 CFR 260.10 and includes interim status and permitted 

hazardous waste treatment. The term does not include treatment that is excluded from permitting or interim 

permitting under 40 CFR 262.34, 40 CFR 261.4, and 40 CFR 261.6. 

(10) "Treatment storage disposal" or "TSD" means the term as defined in 40 CFR 260.10. 

(b) In accordance with IC 13-22-12-2, hazardous waste fees are as follows: 

(1) New permit application fees are as follows: 

(A) Land disposal: 

$40,600 

(B) Incinerator (per unit): 

$21,700 

(C) Storage:. 

$23,800 

(D) Treatment (including boilers and industrial fumaces): 

$23,800 

(2) Permit renewal and Class 3 modification fees are as follows: 

(A) Land disposal: 

$34,000 

(B) Incinerator (per unit): 

$21,700 

(C) Storage: 

$17,200 

(D) Treatment (including boilers and industrial furnaces): 

$17,200 

(3) Class 2 modification fee: 

$2,250 

(4) Annual operation fees are as follows: 

(A) Land disposal: 

$37,500 

(B) lncinerator (per unit): 

$10,000 

(C) Storage: 

$2,500 

(D) Treatment (including boilers and industrial furnaces): 

$10,000 

(E) Generator: 

$1,565 

(F) Post-closure activity: 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-R-329050066FRA Page 4 
Indiana Register 

$1,500 

(G) Ground water compliance sampling at active facilities (per well): 

$1,000 

(5) Manifest fee 

(c) Requirements for application fees are as follows: 

(1) The fees must be submitted with the hazardous waste permit application. Hazardous waste permit 

applications will be denied without the application fee. 

(2) The fees are not refundable once staff review of the application has commenced. 

(d) The annual operation fee schedule is established in IC 13-22-12 and applies to the following: 

(1) Annual operation fees established in IC 13-22-12-3 apply to facilities listed in subsection (b) that: 

(A) operate with a permit; 

(B) operate under interim status; 

(C) are a large quantity generator (LOG); or 

(D) otherwise manage hazardous waste subject to regulation under IC 13-22-2. 

(2) Hazardous waste annual operation fees begin accruing January 1 of each year. The commissioner shall 

assess hazardous waste annual operation fees not later than January 15 for the current year's activities. 

However, thisis based on a generator's previous year's activities as defined by the generator. 

(3) Hazardous waste management facilities permitted as of January 1 of the assessed year must pay annual 

operations fees, even if not yet constructed or receiving waste. 

(4) No waivers exist for large quantity generators (LQGs). 

(5) Permitted TSDs that choose not to manage hazardous waste will be assessed a fee. Fees are assessed 

for facilities that have the ability to manage hazardous waste. 

(6) Permitted treatment and storage facilities that close by removing all waste will not be assessed a 

post-closure fee because the facility is no longer regulated. 

(7) Facilities that are issued a post-closure permit will be assessed the post-closure fee. Landfills will be 

assessed the fee for the duration of the post-closure period. 

(8) A person shall remit a hazardous waste annual operation fee or an installment allowed by subsection (e) to 

the commissioner: 

(A) no more than thirty (30) days after the date the fee is assessed; or 

(B) by the date the installment is due. 

(9) A person or facility that is described in more than one (1) category under this section shall pay all 

applicable fees. 

(e) Installment payments are established as follows: 

(1) The commissioner shall allow a person to remit installments on the annual fee if: 

(A) the person determines that a single payment of the entire fee is an undue hardship; and 

(B) the commissioner receives written notification requesting consideration of installment payments before 

January 30 of the invoiced year. 

(2) installments are due on a: 

(A) en-a quarterly basis: 

(i) February 15; 

(ii) May 15; 

(iii) August '15; and 

(iv) November 15; or 

(B) on-a semiannual basis: 

(i) February 15; and 

(ii) August 15. 

(3) The commissioner will not send a notice of the installment method to the person who notifies in subdivision 

(1)(B). 

(f) In addition to the penalties described under IC 13-30-4, the following will occur: 

(1) If a person does not remit a hazardous waste annual operation fee or an installment established under 

subsection (e)(2) within: 

(A) within sixty (60) days after the date the fee is assessed; or 

(B) within thirty (30) days after the date the installment is due; 

the person shall be assessed a delinquency charge equal to ten percent (10%) of the hazardous waste annual 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-IR-329050066FRA Page 5 
Indiana Register 

operation fee or ten percent (10%) of the installment, whichever is applicable. 

(2) The delinquency charge is due and payable: 

(A) sixty (60) days after the date the hazardous waste annual operation fee is assessed; or 

(B) thirty (30) days after the date the installment is due. 

(3) If a person does not remit the hazardous waste annual operation fee or an installment established by the 

commissioner and any applicable delinquency charge within: 

(A) within ninety (90) days after the date the hazardous waste annual operation fee is assessed; or 

(B) within sixty (60) days after the date the installment is due; 

the commissioner may revoke the person's permit. 

(4) Before revoking a person's permit pursuant to under subdivision (3), the commissioner shall send a written 

notice by certified mail that: describes: 

(A) describes what fees and delinquency charge are due; and 

(B) indicates that the commissioner may revoke the person's permit for nonpayment thirty (30) days after 

receipt of the notice. 

(g) The fees and delinquency charges collected under this section must be: 

(1) payable to the department; and 

(2) deposited in the environmental management permit operation fund established under IC 13-15-11-3. 

(Solid Waste Management Board; 329 !AC 3.1-1-14,1; filed Jan 3, 2000, 10:00 a.m.: 23 IR 1094; readopted filed 

Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA) 

SECTION 5. 329 IAC 3.1-6-3 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 3.1-6-3 Indiana additions; listing of hazardous waste 

Authorlty: IC 13-14-8; IC 13-22-2-4 

Affected: IC 13-11-2-99; IC 13-11-2-205; IC 13-14-2-2; IC 13-14-10-1; IC 13-22-2-3; P.L.231-2003, SECTION 6; 

40 CFR 261 

Sec. 3. (a) In addition to the lists of hazardous waste incorporated by reference in section 1 of this rule, the 

following chemical munitions are acute hazardous wastes: 

(1) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate). 

(2) GB (Isopropyl methyl phosphonoflouridate). 

(3) H, HD (Bis(2-chloroethyl) sulfide): 

(4) HT (sixty percent (60%) HD and forty percent (40%) T (Bis[2(2-chloroethyl-thio)ethyl]ester)). 

(5) L (Dichloro(2-chlorovinyl)arsine). 

(6) VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate). 

The above listed chemical munitions in subdivisions (1) through (6) have the Indiana hazardous waste number 

1001 and are subject to all requirements for acute hazardous wastes in this article except as provided in 

subsection (b). 

(b) The commissioner may establish alternative requirements f 

derived from those listed wastes. 

(b) A generator may accumulate as much as fifty-five (55) gallons of waste derived from a waste listed 

in subsection (a)(6) at or near any point of generation where wastes initially accumulate, when that waste 

is managed in accordance with all other requirements of 40 CFR 262.34(c)(1). 

(Solid Waste Management Board; 329 IAC 3.1-6-3; filed May 6, 1994, 5:00 p.m.: 171R 2063; readopted filed Jan 

10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2663; filed Jun 9, 2006, 3:40 p.m.: 

20060712-IR-329050066FRA) 

SECTION 6. 329 IAC 3.1-7-2 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 3.1-7-2 Exceptions and additions; generator standards 

Authority: IC 13-14-8; IC 13-22-2-4 

Affected: IC 13-22-2; IC 13-22-4-3.1; 40 CFR 262 

DINe: Mar 03,2009 10:43:13AM EST D4N: 20060712-1R-329050066FRA Page 6 
Indiana Register 

Sec. 2. Exceptions and additions to federal standards for generators are as follows: 

(1) Delete 40 CFR 262.12(a) and substitute ''A generator who has not received an EPA identification number 

may obtain one by applying on forms provided by the commissioner. Upon receipt of the completed forms, an 

EPA identification number will be assigned.". 

Form 8700 22) as follows: 

(A) Enter the four (4) digit EPA-hazardous waste number from 40 CFR 261 that identifies the waste in item 

"I" of the manifest form or item "R" of the continuation sheet (EPA Form 8700 22A). 

{B) If multiple EPA hazardous waste numbers apply, enter the hazardous waste numbers as follows: 

(i) Enter thc one (1) EPA hazardous waste number that identifies the most distinctive or most hazardous 

property of the waste in item "I" of the manifest form or item "R" of the continuation sheet. 

(ii) The remaining EPA hazardous waste numbers may be entered in item "J" of the manifest form or item 

"S" of the continuation sheet. 

{-3.) (2) In addition to the requirements of 40 CFR 262.40, a generator shall keep the reports required by IC 13-

22-4-3.1 on file for at least three (3) years after submission to the department. 

(-4) (3) Delete 40 CFR 262.41 dealing with biennial reporting and substitute section 14 of this rule. 

(6-) (4) In 40 CFR 262.42(a)(2), delete in the Region in which the generator is located". 

(6) (5) Delete 40 CFR 262.43 dealing with additional reporting and substitute section 15 of this rule. 

(7) (6) In 40 CFR 262.53 and 40 CFR 262.54, references to the "EPA" are retained. A copy of the notification 

of intent to export, which must be submitted to the EPA, must also be submitted to the Office of Land Quality, 

Indiana Department of Environmental Management, P.O. Box 7035, Indianapolis, Indiana 46207-7035. 

(8) (7) Exception reports required from primary exporters pursuant to 40 CFR 262.55 must be filed with the 

Regional Administrator of the EPA and the commissioner. 

(g) (8) Delete 40 CFR 262.56 dealing with annual reports for exports and substitute section 16 of this rule. 

(10) (9) In 40 CFR 262.57(b), the reference to the "administrator" is retained. The commissioner may also 

request extensions of record retention times for hazardous waste export records. 

(10) The amendments to 40 CFR 262.34 that implement the National Environmental Performance Track 

Program for hazardous waste generators that are Performance Track members, published in the 

Federal Register at 69 FR 21753 through 69 FR 21754 on April 22, 2004, are incorporated by reference. 

(Solid Waste Management Board; 329 IAC 3.1-7-2; filed Jan 24, 1992, 2:00 p.m.: 151R 925; errata filed Nov 8, 

1995, 4:00 p.m.: 191R 353; filed Jul 18, 1996, 3:05 p.m.: 191R 3355; filed Jan 3, 2000, 10:00 a.m.: 231R 1098; 

errata filed Aug 10, 2000, 1:26 p.m.: 231R 3091; filed Apr 5, 2001, 1:29 p.m.: 241R 2432; filed Jun 3, 2002, 10:40 

a.m.: 25 IR 3112; filed Jan 14, 2004, . 3:20 p.m.: 27 IR 1875; filed Jun 9, 2006, 3:40 p.m.: 

20060712-IR-329050066FRA, eff Sep 5, 2006) 

SECTION 7. 329 IAC 13-3-1 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 13-3-1 Applicability 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23; IC 13-30; 40 CFR 261; 40 CFR 279.10; 

40 CFR 761.20(e) 

Sec. 1. (a) The department presumes that used oil is to be recycled unless a used oil handler disposes of 

used oil or sends used oil for disposal. Except as provided in section 2 of this rule, this article applies to used oil, 

and to materials identified in this section as being subject to regulation as used oil, whether or not the used oil or 

material exhibits any characteristics of hazardous waste identified in 40 CFR 261, Subpart C, revised as of July 1, 

2003. 2005. 

(b) Mixtures of used oil and hazardous waste must be handled as follows: 

(1) For mixtures of used oil with a listed hazardous waste, the following shall apply: 

(A) Mixtures of used oil and hazardous waste that is listed in 40 CFR 261, Subpart D, revised as of July 1, 

2003, 2005, are subject to regulation as hazardous waste under 329 IAC 3.1 rather than as used oil under 

this article. 

(B) Used oil containing more than one thousand (1,000) parts per million total halogens is presumed to be a 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-IR-329050066FRA Page 7 
Indiana Register 

hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, 

Subpart D, revised as of July 1, 2003. 2005. Persons may rebut this presumption by demonstrating that the 

used oil does not contain hazardous waste. For example, this may be done by using on analytical method 

from U.S. Environmental Protection Agency Publication SW 846, as defined in 3 

showing that the used oil does not contain significant concentrations of halogenated hazardous 

constituents listed in 40 CFR 261, Appendix VIII, revised as of July 1, 2003. U.S. Environmental Protection 

371954, Pittsburgh, Pennsylvania 15250 7954, (202) 783 238. Request document number 

955 001 00000 1 2005. The rebuttable presumption does not apply to the following: 

(1) Metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling 

arrangement as described in 329 IAC 13-4-5(3), to reclaim metalworking oils or fluids, The presumption 

does apply to metalworking oils or fluids if such oils or fluids are recycled in any other manner or disposed. 

(ii) Used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the 

CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with 

CFCs that have been mixed with used oil from sources other than refrigeration units. 

(2) Used oil mixed with characteristic hazardous waste identified in 40 CFR 261, Subpart C, revised as of July 

1, 2003, are 2005, is subject to 329 IAC 3.1. 

(3) Mixtures of used oil and conditionally exempt small quantity generator hazardous waste regulated under 40 

CFR 261.5, revised as of July 1, 20°37 2005, are subject to regulation as used oil under this article. 

(c) Materials containing or otherwise contaminated with used oil must be handled as follows: 

(1) Except as provided in subdivision (2), materials containing or otherwise contaminated with used oil from 

which the used oil has been properly drained or removed to the extent possible such that no visible signs of 

free-flowing oil remain in or on the material: 

(A) are not used oil and thus not subject to this article; and 

(B) if applicable, are subject to the hazardous waste regulations under 329 IAC 3.1. 

(2) Materials containing or otherwise contaminated with used oil that are burned for energy recovery are 

subject to regulation as used oil under this article. 

(3) Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to 

regulation as used oil under this article. 

(d) Mixtures of used oil with products must be handled as follows: 

(1) Except as provided in subdivision (2), mixtures of used oil and fuels or other fuel products are subject to 

regulation as used oil under this article. 

(2) Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's 

own vehicles are not subject to this article once the used oil and diesel fuel have been mixed. Prior to Before 

mixing, the used oil is subject to the requirements of 329 IAC 13-4. 

(e) Materials derived from used oil must be handled as follows: 

(1) Materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery 

or used in a manner constituting disposal, such as re-refined lubricants, are: 

(A) not used oil and thus are not subject to this article; and 

(B) not solid wastes and are thus not subject to the hazardous waste regulations under 329 IAC 3.1 as 

provided in 40 CFR 261.3(c)(2)(A), revised as of July 1, 2003. 2005. 

(2) Materials produced from used oil that are burned for energy recovery, such as used oil fuels, are subject to 

regulation as used oil under this article. 

(3) Except as provided in subdivision (4), materials derived from used oil that are disposed of or used in a 

manner constituting disposal are: 

(A) not used oil and thus are not subject to this article; and 

(B) ore solid wastes and thus are subject to the hazardous waste regulations under 329 IAC 3.1 if the 

materials are listed or identified as hazardous waste. 

(4) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not 

subject to this article. 

(f) Wastewater, the discharge of which is subject to regulation under either Section 402 or 307(b) of the Clean 

Water Act, 33 U.S.C. 1342 or 33 U.S.C. 1317(b), respectively, including wastewaters at facilities that have 

eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil are not subject to the 

requirements of this article. As used in this subsection, "de minimis quantities of used oils" means small spills, 

leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small 

9 

Date: Mar 03,2009 10:43:13AM EST DIN: 20080712-1R-329050066FRA Page 8 
Indiana Register 

amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will 

not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial 

leaks, spills, or other releases, or to used oil recovered from wastewaters. 

(g) Used oil introduced into crude oil pipelines or a petroleum refining facility must be handled as follows: 

(1) Used oil mixed with crude oil or natural gas liquids, such as in a production separator or crude oil stock 

tank, for insertion into a crude oil pipeline is exempt from the requirements of this article. The used oil is 

subject to the requirements of this article prior to before the mixing of used oil with crude oil or natural gas 

liquids. 

(2) Mixtures of used oil and crude oil or natural gas liquids containing less than one percent (1%) used oil that 

are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining 

process at a point prior--to before crude distillation or catalytic cracking are exempt from the requirements of 

this article. 

(3) Used oil that is inserted into the petroleum refining facility process before crude distillation or catalytic 

cracking without prior mixing with crude oil is exempt from the retirements of this article provided that the 

used oil constitutes less than one percent (1%) of the crude oil feed to any petroleum refining facility process 

unit at any given time. Prior-to Before insertion into the petroleum refining facility process, the used oil is 

subject to the requirements of this article. 

(4) Except as provided in subdivision (5), used oil that is introduced into a petroleum refining facility process 

after crude distillation or catalytic cracking is exempt from the requirements of this article only if the used oil 

meets the specification of section 2 of this rule. Prior-to Before insertion into the petroleum refining facility 

process, the used oil is subject to the requirements of this article. 

(5) Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as 

an article of routine process operations at a petroleum refining facility and inserted into the petroleum refining 

facility process is exempt from the requirements of this article. This exemption does not extend to used oil that 

is intentionally introduced into a hydrocarbon recovery system, such as by pouring collected used oil into the 

wastewater treatment system. 

(6) Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids 

are exempt from the requirements of this article. 

(h) Used oil produced on vessels from normal shipboard operations is not subject to this article until it is 

transported ashore. 

(i) Used oil containing less than fifty (50) parts per million PCB is subject to the requirements of this article 

unless, because of dilution, it is regulated under 329 IAC 4.1 as a used oil containing PCB at fifty (50) parts per 

million or greater. Used oil containing PCB subject to the requirements of this article may also be subject to the 

prohibitions and requirements found in 329 IAC 4.1. 

(j) Used oil containing PCB at concentrations of fifty (50) parts per million or greater is not subject to the 

requirements of this article, but is subject to regulation under 329 IAC 4.1. No person may avoid these provisions 

by diluting used oil containing PCB, unless otherwise specifically provided for in this article or in 329 LAC 4.1. 

(k) The use of waste oil that contains equal to or greater than two (2) parts per million PCB as a sealant, 

coating, or dust control agent is prohibited. Prohibited uses include, but are not limited to, the following: 

(1) Road oiling. 

(2) General dust control. 

(3) Use as a pesticide or herbicide carrier. end. 

(4) Use as a rust preventative on pipes. 

(I) In addition to any applicable requirements under 329 IAC 13-8 and 329 IAC 13-9, marketers and burners of 

used oil who market, process, or distribute in commerce for energy recovery, used oil containing equal to or 

greater than two (2) parts per million PCB must comply with section 4 of this rule. 

(m) 40 CFR 261 and 40 CFR 761 are available from the Government Printing Office, Superintendent of 

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, (202) 783-3238. 

(Solid Waste Management Board; 329 MC 13-3-1: filed Feb 3, 1997, 9:15 a.m.: 20 IR 1494; readopted filed Sep 

7, 2001, 1:35 p.m.: 25 IR 238; filed Jul 14, 2004, 9:15 a.m.: 27 IR 3978; filed Apr 13, 2005, 11:30 a.m.: 28 IR 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-1R-329050066FRA Page 9 
Indiana Register 

2666; filed Jun 9, 2006, 3:40 p.m.: 20060712-1R-329050066FRA) 

SECTION 8. 329 IAC 13-6-5 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 13-6-5 Rebuttable presumption for used oil 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected; IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23; IC 13-30; 40 CFR 261; 40 CFR 279.44 

Sec. 5. (a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of 329 IAC 13- 

3-1(b)(1)(B), the used oil transporter must determine whether the total halogen content of used oil being 

transported or stored at a transfer facility is above or below one thousand (1,000) parts per million. 

(b) The transporter must make this determination by: 

(1) testing the used oil; or 

(2) applying knowledge of the halogen content of the used oil in light of the materials or processes used. 

(c) If the used oil contains greater than or equal to one thousand (1,000) parts per million total halogens, it is 

presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 

CFR 261, Subpart D, revised as of July 1, 2005. The owner or operator may rebut the presumption by 

demonstrating that the used oil does not contain hazardous waste. For example, this may be done by using-an 

EA showing that the used oil does not 

contain significant concentrations of halogenated hazardous constituents listed in 40 CFR 261, Appendix VIII, 

number--955-001-00000-1, revised as of July 1, 2005. The rebuttable presumption does not apply to the 

following: 

(1) Metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling 

arrangement as described in 329 IAC 13-4-5(3), to reclaim metalworking oils or fluids. The presumption does 

apply to metalworking, oils or fluids if such oils or fluids are recycled in any other manner or disposed. 

(2) Used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFCs are 

destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that 

have been mixed with used oil from sources other than refrigeration units. 

(d) Records of analyses conducted or information used to comply with this section must be maintained by the 

transporter for at least three (3) years. 

(Solid Waste Management Board; 329 IAC 13-6-5; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1500; readopted filed Jan 

10, 2001, 3:25 p.m.: 24 IR 1535; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA) 

SECTION 9. 329 IAC 13-7-4 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 13-7-4 Rebuttable presumption for used oil 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23; IC 13-30; 40 CFR 261; 40 CFR 279.53 

Sec. 4. (a) To ensure that used oil managed at a processing or re-refining facility is not hazardous waste 

under the rebuttable presumption of 329 IAC 13-3-1(b)(1)(B), the owner or operator of a used oil processing or 

re-refining facility must determine whether the total halogen content of used oil managed at the facility is above or 

below one thousand (1,000) parts per million. 

(b) The owner or operator must make this determination by: 

(1) testing the used oil; or 

(2) applying knowledge of the halogen content of the used oil in light of the materials or processes used. 

Date: Mar 03,2009 10:43:13AM EST DIN: 200607121R-329050066FRA Page 10 
revised as of July 1, 2005. The rebuttable presumption does not apply to the 

Indiana Register 

(c) If the used oil contains greater than or equal to one thousand (1,000) parts per million total halogens, it is 

presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 

CFR 261, Subpart D, revised as of July 1, 2005. The owner or operator may rebut the presumption by 

demonstrating that the used oil does not contain hazardous waste. For example, this may be done by using an 

showing that the used oil does not 

contain significant concentrations of halogenated hazardous constituents listed in 40 CFR 261, Appendix VIII, 

following: 

(1) Metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling 

agreement to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if 

such oils or fluids are recycled in any other manner or disposed. 

(2) Used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the 

are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that 

have been mixed with used oil from sources other than refrigeration units. 

(Solid Waste Management Board; 329 IAC 13-7-4: filed Feb 3, 1997, 9:15 am.: 2018 1506; readopted filed Jan 

10, 2001, 3:25 p.m.: 24 IR 1535; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA) 

SECTION 10. 329 IAC 13-8-4 IS AMENDED TO READ AS FOLLOWS: 

329 IAC 13-8-4 Rebuttable presumption for used oil 

Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3 

Affected: IC 13-11-2; IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23; IC 13-30; 40 CFR 261; 40 CFR 279.63 

Sec. 4. (a) To ensure that used oil managed at a used oil burner facility is not hazardous waste under the 

rebuttable presumption of 329 IAC 13-3-1(b)(1)(B), a used oil burner must determine whether the total halogen 

content of used oil managed at the facility is above or below one thousand (1,000) parts per million. 

(b) The used oil burner must determine if the used oil contains above or below one thousand (1,000) parts per 

million total halogens by: 

(1) testing the used oil; 

(2) applying knowledge of the halogen content of the used oil in light of the materials or processes used; or 

(3) if the used oil has been received from a processor or refiner subject to regulation under 329 lAC 13-7, 

using information provided by the processor or re-refiner. 

(c) If the used oil contains greater than or equal to one thousand (1,000) parts per million total halogens, it is 

presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 

CFR 261, Subpart D, revised as of July 1, 2005. The owner or operator may rebut the presumption by 

demonstrating that the used oil does not contain hazardous waste. For example, this may be done by s' g an 

showing that the used oil does not 

contain significant concentrations of halo

showlng 

 hazardous constituents listed in 40 CFR 261, Appendix VIII, 

Documents- , P.O. Box 371951, Pittsburgh, Pcnnz..ylvania 15250 7951, (202) 783 3238. Request document 

Reiffiber--955-09Pennsylvania evised as of. July 1, 2005. The rebuttable presu

number- -955-00 Pennsylvaniafollowing: 

(1) Metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling 

arrangement as described in 329 IAC 13-4-5(c), to reclaim metalworking oils or fluids. The presumption does 

apply to metalworking oils or fluids if such oils or fluids are recycled in any other manner or disposed. 

(2) Used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs 

are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that 

have been mixed with used oil from sources other than refrigeration units. 

(d) Records of analyses conducted or information used to comply with this section must be maintained by the 

burner for at least three (3) years. 

(Solid Waste Management Board; 329 MC 13

bumer

filed Feb 3, 1997, 9:15 a.m.: 20 IR 1510; readopted filed Jan 

p 

a

 • - z - • • z - ' ' 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-IR-329050066FRA Page 11 
Indiana Register 

10, 2001, 3:25 p.m.: 24 IR 1535; filed Jun 9, 2006, 3:40 p.m.: 20060712-IR-329050066FRA) 

SECTION 11. 329 LAC 3.1-7.5IS REPEALED. 

SECTION 12. SECTIONS 1, 2, 6, and 11 of this document take effect September 5, 2006. 

LSA Document #05-66(F) 

Proposed Rule: January 1, 2006; 29 IR 1260 

Hearing Held: March 21, 2006 

Approved by Attorney General: June 1, 2006 

Approved by Governor: June 9, 2006 

Filed with Secretary of State: June 9, 2006, 3:40 p.m. 

Documents Incorporated by Reference: None Received by Publisher 

Posted: 07/12/2006 by Legislative Services Agency 

An htmIversion of this document. 

Date: Mar 03,2009 10:43:13AM EST DIN: 20060712-1R-329050066FRA Page 12