reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 7 - Solid Waste Facility Operator Certification › Section 7-7 - Certificate revocation

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC
				  13-15-7; IC
				  13-15-10; IC
				  36-9-30
Sec. 7.
(a) The
				commissioner may revoke a certificate under IC
				13-15-7 if the certified operator
				does any of the following:
(1) Violates:
(A) 329 IAC 10, regarding operation of a
				solid waste facility;
(B) 329 IAC
				11, regarding incinerator operation; or
(C) 329 IAC 12, regarding operator
				certification.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 7 - Solid Waste Facility Operator Certification › Section 7-8 - Duplicate certificate

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC
				  13-15-10; IC
				  36-9-30
Sec. 8.
In order to replace a certificate that has been lost or
				  stolen, a certified operator must do the following:
(1) Submit a request for a duplicate
				certificate to the commissioner.
(2) Include a statement indicating the reason
				a duplicate certificate is needed.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 1.
This rule applies to a person or an organization that
				  provides an examination for the purpose of certifying or recertifying
				  individuals under
				  329 IAC 12-7 and this
				  rule.
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-2

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-2.1 - Examination providers; application for accreditation

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC
				  13-15-10; IC
				  36-9-30
Sec. 2.1.
(a) An
				examination provider must have a valid letter of accreditation from the
				commissioner to provide an examination for operator certification or
				recertification.
(b) A person or an
				organization seeking accreditation as an examination provider by the
				commissioner must submit an application on forms provided by the commissioner.
				Failure to submit a complete application may result in denial of
				accreditation.
(c) Upon submittal
				of a complete application, the commissioner shall:
(1) make a determination on the eligibility
				of the applicant for accreditation; and
(2) issue a letter of accreditation to an
				applicant who meets the requirements of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-3

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-3.1 - Examination requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 3.1.
(a) An
				examination must consist of at least fifty (50) multiple choice questions to
				demonstrate knowledge of the subject matter.
(b) An individual taking the examination must
				receive a score of at least seventy percent (70%) correct responses to receive
				certification or recertification.
(c) The examination must address the
				following subject matter:
(1) A Category I
				examination must include questions about the topics required in
				326 IAC 11-7-5.
(2) A Category II, III, and IV examination
				must include questions that address each of the following topics:
(A) Waste generation, acceptance, screening,
				and handling.
(B) Landfill location
				restrictions and site selection.
(C) Landfill design and construction
				requirements.
(D) Landfill
				operational procedures, including:
(i)
				maintenance and monitoring requirements;
(ii) fire prevention and abatement;
(iii) leachate management; and
(iv) reporting and record
				keeping.
(E) Landfill
				storm water management.
(F)
				Landfill ground water monitoring and remediation.
(G) Management and disposal of certain solid
				waste specified in
				329 IAC 10-8.2.
(H) Landfill closure and post-closure care
				requirements.
(I) Compliance with
				state and federal landfill regulatory requirements.
(3) In addition to the topics required in
				subdivision (2), the examination for each category must include questions that
				address the following category-specific topics:
(A) For a Category II examination, the
				following:
(i) Waste characteristics,
				composition, and sources of:
(AA) municipal
				solid waste;
(BB) nonmunicipal
				solid waste; and
(CC) industrial
				solid waste.
(ii)
				Landfill operational procedures for:
(AA) gas
				extraction system management; and
(BB) explosive gases monitoring.
(B) For a
				Category III examination, the following:
(i)
				Waste characteristics, composition, and sources of:
(AA) restricted waste; and
(BB) construction/demolition
				waste.
(ii) Landfill
				operational procedures for dust control.
(C) For a Category IV examination, the
				following:
(i) The topics in clause (A) or
				(B), as applicable to the type of site.
(ii) Site-specific questions that address the
				topics applicable to the type of site for which the accredited provider
				developed the examination.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-4

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-4.1 - Verification of examination for certification and recertification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 4-21.5-3-4; IC 13-15-10; IC 36-9-30
Sec. 4.1.
(a) Within
				two (2) weeks after each examination, an accredited provider shall submit to
				the department the following information for examination verification:
(1) The complete application for all
				individuals taking the examination required in
				329 IAC 12-7-3(e)
				 or
				329 IAC
				12-7-6(b).
(2) The examination scores for all
				individuals taking the examination.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-5

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-6

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-7

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-8 - Reaccreditation for an accredited examination provider

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 8.
(a) An
				accredited examination provider seeking reaccreditation by the commissioner
				shall:
(1) submit a complete application on
				forms provided by the commissioner at least sixty (60) days prior to the
				expiration date of a valid existing accreditation; and
(2) develop and submit with the application
				an updated examination in accordance with this rule and
				329 IAC 12-7.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-9 - Representation of an accredited examination provider

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 9.
No person shall make a representation as an accredited
				  examination provider for the purpose of certifying or recertifying an
				  individual under
				  329 IAC 12-7 and this rule
				  without being currently accredited by the commissioner under this
				  rule.
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 8 - Solid Waste Facility Operator Accredited Examination Provider Requirements › Section 8-10 - Accreditation revocation

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC 4-21.5; IC
				  13-15-10; IC
				  36-9-30
Sec. 10.
(a) The
				commissioner may revoke the accreditation of an examination provider if the
				provider:
(1) violates or fails to meet a
				requirement of this rule;
(2)
				falsifies information on an application under section 2.1 of this rule to
				provide examinations for individuals taking the examination;
(3) falsifies information about individuals
				taking the examination; or
(4)
				fails to provide a quality examination based on documented and verified
				complaints registered with the commissioner or the department about an
				examination.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 1.
This rule applies to a person or an organization that
				  provides a training course for the purpose of recertifying individuals under
				  329 IAC 12-7 and this rule.
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-2

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-2.1 - Training course providers; application for accreditation

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC
				  13-15-10; IC
				  36-9-30
Sec. 2.1.
(a) A
				training course provider must have a valid letter of accreditation from the
				commissioner to provide a training course for operator
				recertification.
(b) A person or an
				organization seeking accreditation as a training course provider by the
				commissioner shall submit an application on forms provided by the commissioner.
				Failure to submit a complete application may result in denial of accreditation.
(c) Upon submittal of a complete
				application, the commissioner shall:
(1) make
				a determination on the eligibility of the applicant for accreditation;
				and
(2) issue a letter of
				accreditation to an applicant who meets the requirements of this
				rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-3

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-3.1 - Training course requirements for recertification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 3.1.
(a)
				Training courses are classified as follows:
(1) Category I recertification training
				course for operators of solid waste incinerators and waste-to-energy
				facilities.
(2) Category II
				recertification training course for operators of municipal and nonmunicipal
				solid waste land disposal facilities.
(3) Category III recertification training
				course for operators of restricted waste sites and construction/demolition
				sites.
(4) Category IV
				recertification training course for a specific facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-4

Current through July 10, 2024
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-4.1 - Verification of training course completion for recertification

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 4-21.5-3-4; IC 13-15-10; IC 36-9-30
Sec. 4.1.
(a) Within
				two (2) weeks after each training course, an accredited training course
				provider must submit to the department the complete application required in
				329 IAC 12-7-6(b)
				 for all individuals trained in the
				course.
(b) The commissioner shall
				deny recertification to an individual that has a revoked certification for
				which the time period of revocation has not lapsed.
(c) A denied certification may be appealed
				under IC 4-21.5-3-4.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-5 - Reaccreditation for an accredited training course provider

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC
				  13-15-10; IC
				  36-9-30
Sec. 5.
(a) An
				accredited training course provider seeking reaccreditation by the commissioner
				shall:
(1) submit a complete application on
				forms provided by the commissioner at least sixty (60) days prior to the
				expiration date of a valid existing accreditation; and
(2) develop and submit with the application
				an updated training course in accordance with this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-6 - Representation of an accredited training course provider

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-10-4; IC 13-19-3-1
Affected: IC 13-15-10; IC 36-9-30
Sec. 6.
No person shall conduct a training course for the purpose of
				  certifying or recertifying an individual under
				  329 IAC 12-7 and this rule
				  without being currently accredited as a training course provider by the
				  commissioner under this rule.
This version of section effective January 1, 2017. See also
					 preceding version of section, effective until January 1,
					 2017.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 12 - SOLID WASTE MANAGEMENT ACTIVITY REGISTRATION › Rule 9 - Solid Waste Facility Operator Accredited Training Course Provider Requirements › Section 9-7 - Accreditation revocation

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-15-10-4; IC
				  13-19-3-1
Affected: IC 4-21.5; IC
				  13-15-10; IC
				  36-9-30
Sec. 7.
(a) The
				commissioner may revoke the accreditation of a training course provider if the
				provider:
(1) violates or fails to meet a
				requirement of this rule;
(2)
				falsifies information on an application under section 2.1 of this rule to
				provide training courses for operators;
(3) falsifies certified operator information;
				or
(4) fails to provide a quality
				course based on an audit by department personnel.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 1 - General Provisions › Section 1-1 - Purpose and scope

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2
Affected: IC 13-11-2; IC 13-14; IC 13-19-1; IC 13-20; IC
				  13-22; IC 13-23; IC 13-30; 40 CFR 279
Sec. 1.
The purpose of this article is to establish policies,
				  procedures, requirements, and standards to implement IC 13-19-1. This article
				  is being promulgated for the purpose of protecting and enhancing the quality of
				  Indiana's environment and protecting the public health, safety, and well-being
				  of its citizens. This article establishes a used oil management program that is
				  consistent with federal requirements in 40 CFR 279.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 1 - General Provisions › Section 1-2 - Applicability

Current through July 10, 2024
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. 2.
(a) This
				article establishes standards for used oil management practices for the
				following:
(1) Generators.
(2) Collection centers.
(3) Aggregation points.
(4) Transporters.
(5) Transfer facilities.
(6) Processors.
(7) Re-refiners.
(8) Burners.
(9) Marketers.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 1 - General Provisions › Section 1-3 - Right of entry

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-19; IC 13-20;
				  IC 13-22; IC 13-23; IC 13-30
Sec. 3.
The department, or its authorized representative, upon
				  presentation of proper credentials, or by directive of the board, shall have a
				  right to enter upon, to, or through public or private premises, subject to this
				  article, to investigate, take samples, copy all records related to the
				  management of used oil, and inspect for compliance with the requirements
				  imposed under IC 13-15, IC 13-19, IC 13-20, IC 13-22, IC 13-23, or this
				  article, or to determine whether a violation or threatened violation exists, in
				  accordance with any or all of the following purposes:
(1) To determine:
(A) whether any person is subject to the
				requirements of IC 13-15, IC 13-19, IC 13-20, IC 13-22, IC 13-23; or
(B) whether any person subject to the
				requirements of IC 13-15, IC 13-19, IC 13-20, IC 13-22, or IC 13-23 is in
				compliance with this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 1 - General Provisions › Section 1-4 - Conduct of inspection and sampling

Current through July 10, 2024
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. 4.
Each investigation or inspection shall be completed with
				  reasonable promptness. If the commissioner's authorized representative obtains
				  any sample prior to leaving the premises, he or she shall give to the owner,
				  operator, or agent in charge a receipt identifying the sample obtained and, if
				  requested, a portion of the sample in equal volume or weight to the portion
				  retained. If any analysis is made of such sample, a copy of the results of such
				  analysis shall be furnished promptly to the owner, operator, or agent in
				  charge.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 1 - General Provisions › Section 1-5 - Enforcement

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3
Affected: IC 4-21.5; IC 13-11-2; IC 13-14; IC 13-19; IC
				  13-20; IC 13-22; IC 13-23; IC 13-30
Sec. 5.
The administration and enforcement of this article shall be
				  in accordance with IC 13-14, IC 13-30, and IC 4-21.5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 1 - General Provisions › Section 1-6 - Penalties

Current through July 10, 2024
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. 6.
Penalties for violations of this article are as outlined in
				  IC 13-14 and IC 13-30.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-1 - Applicability

Current through July 10, 2024
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
				  260.10;
				  40 CFR 261.1;
				  40
				  CFR 280.12
Sec. 1.
In addition to the definitions contained in IC 13-11-2 and in
				  this rule, the terms defined in
				  40 CFR
				  260.10,
				  40 CFR 261.1,
				  and 40 CFR 280.12 have
				  the same meanings when used in this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-2 - "Aboveground tank" defined

Current through July 10, 2024
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. 2.
"Aboveground tank" means a tank used to store or process used
				  oil that is not an underground storage tank as defined in section 18 of this
				  rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-3 - "Commissioner" defined

Current through July 10, 2024
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. 3.
"Commissioner" means the commissioner of the
				  department.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-4 - "Container" defined

Current through July 10, 2024
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. 4.
"Container" means any portable device in which a material is:
(1) stored;
(2) transported;
(3) treated;
(4) disposed of; or
(5) otherwise handled.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-5 - "Department" defined

Current through July 10, 2024
Authority: IC 13-14-8-1; IC 13-14-8-2; IC 13-19-3
Affected: IC 13-11-2; IC 13-13-1; IC 13-14; IC 13-19; IC
				  13-20; IC 13-22; IC 13-23; IC 13-30
Sec. 5.
"Department" means the Indiana department of environmental
				  management created under IC 13-13-1.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-6 - "Do-it-yourselfer used oil collection center" defined

Current through July 10, 2024
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. 6.
"Do-it-yourselfer used oil collection center" means any site
				  or facility that accepts, aggregates, or stores used oil collected only from
				  household do-it-yourselfers.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-7 - "EPA" defined

Current through July 10, 2024
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. 7.
"EPA" means the U.S. Environmental Protection Agency.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-8 - "Existing tank" defined

Current through July 10, 2024
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. 8.
"Existing tank" means a tank that is used for the storage or
				  processing of used oil and that is in operation, or for which installation has
				  commenced on or prior to the effective date of this article. Installation will
				  be considered to have commenced if the owner or operator has obtained all
				  federal, state, and local approvals or permits necessary to begin installation
				  of the tank and if either:
(1) a
				continuous on-site installation program has begun; or
(2) the owner or operator has entered into
				contractual obligations, which cannot be canceled or modified without
				substantial loss, for installation of the tank to be completed within a
				reasonable time.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-9 - "Generator" defined

Current through July 10, 2024
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. 9.
"Generator" means any person, by site, whose act or process
				  produces used oil or whose act first causes used oil to become subject to
				  regulation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-10 - "Household do-it-yourselfer used oil" defined

Current through July 10, 2024
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. 10.
"Household do-it-yourselfer used oil" means oil that is
				  derived from households, such as used oil generated by i ndi vid ua ls through
				  the maintenance of their pers o na l ve h ic le s .
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-11 - "Household do-it-yourselfer used oil generator" defined

Current through July 10, 2024
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. 11.
"Household do-it-yourselfer used oil generator" means an
				  individual who generates household do-it-yourselfer used oil.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-12 - "New tank" defined

Current through July 10, 2024
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. 12.
"New tank" means a tank that will be used to store or process
				  used oil and for which installation has commenced after the effective date of
				  this article.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-13 - "Petroleum refining facility" defined

Current through July 10, 2024
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. 13.
"Petroleum refining facility" means an establishment, such as
				  facilities classified as Standard Industrial Classification 2911 that are
				  primarily engaged in producing gasoline, kerosine, distillate fuel oils,
				  residual fuel oils, and lubricants, through:
(1) fractionation;
(2) straight distillation of crude
				oil;
(3) redistillation of
				unfinished petroleum derivatives;
(4) cracking; or
(5) other processes.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-14 - "Processing" defined

Current through July 10, 2024
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. 14.
"Processing" means chemical or physical operations designed
				  to produce from used oil, or to make used oil more amenable for production of,
				  fuel oils, lubricants, or other used oil-derived product. Processing includes,
				  but is not limited to:
(1) blending
				used oil with virgin petroleum products;
(2) blending used oils to meet the fuel
				specification;
(3)
				filtration;
(4) simple
				distillation;
(5) chemical or
				physical separation; and
(6)
				re-refining.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-15 - "RCRA" defined

Current through July 10, 2024
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. 15.
"RCRA" means the Solid Waste Disposal Act as amended by the
				  Resource Conservation and Recovery Act of 1976.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-16 - "Re-refining distillation bottoms" defined

Current through July 10, 2024
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. 16.
"Re-refining distillation bottoms" means the heavy fraction
				  produced by vacuum distillation of filtered and dehydrated used oil. The
				  composition of still bottoms varies with column operation and feedstock.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-17 - "Tank" defined

Current through July 10, 2024
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. 17.
"Tank" means any stationary device, designed to contain an
				  accumulation of used oil constructed primarily of nonearthen materials, such as
				  wood, concrete, steel, or plastic, that provides structural support.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-18 - "Underground storage tank" or "UST" defined

Current through July 10, 2024
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. 18.
"Underground storage tank" or "UST" means any one (1) or
				  combination of tanks, including underground pipes connected thereto, used to
				  contain an accumulation of regulated substances, and the volume of which,
				  including the volume of underground pipes connected thereto, is ten percent
				  (10%) or more beneath the surface of the ground. The term does not include any
				  of the following:
(1) Farm or
				residential tank of one thousand one hundred (1,100) gallons or less capacity
				used for storing motor fuel for noncommercial purposes.
(2) Tank used for storing heating oil for
				consumptive use on the premises where stored.
(3) Septic tank.
(4) Pipeline facility, including gathering
				lines, regulated under any of the following:
(A) The Natural Gas Pipeline Safety Act of
				1968 (49 U.S.C. App. 1671, et seq.).
(B) The Hazardous Liquid Pipeline Safety Act
				of 1979 (49 U.S.C. App. 2001, et seq.).
(C) An intrastate pipeline facility regulated
				under state laws comparable to the provisions of the law referred to in clause
				(A) or (B).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-19 - "Used oil" defined

Current through July 10, 2024
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. 19.
"Used oil" means:
(1) any oil that has been refined from crude
				oil; or
(2) any synthetic oil;
that has been used and as a result of such use is
				  contaminated by physical or chemical impurities.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-20 - "Used oil aggregation point" defined

Current through July 10, 2024
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. 20.
"Used oil aggregation point" means any site or facility that
				  accepts, aggregates, or stores used oil collected only from other used oil
				  generation sites owned or operated by the owner or operator of the aggregation
				  point, from which used oil is transported to the aggregation point in shipments
				  of no more than fifty-five (55) gallons. Used oil aggregation points may also
				  accept used oil from household do-it-yourselfers.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-21 - "Used oil burner" defined

Current through July 10, 2024
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. 21.
"Used oil burner" means a facility where used oil not meeting
				  the specification requirements in
				  329 IAC
				  13-3-2 is burned for energy recovery in devices
				  identified in
				  329 IAC
				  13-8-2(a).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-22 - "Used oil collection center" defined

Current through July 10, 2024
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. 22.
(a) "Used
				oil collection center" means any site or facility that:
(1) is registered, licensed, permitted, or
				recognized by a state, county, or municipal government to manage used oil;
				and
(2) accepts, aggregates, or
				stores used oil collected from used oil generators regulated under 329 IAC 13-4
				who bring used oil to the collection center in shipments of no more than
				fifty-five (55) gallons under
				329 IAC
				13-4-5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-23 - "Used oil fuel marketer" defined

Current through July 10, 2024
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. 23.
"Used oil fuel marketer" means any person who conducts either
				  of the following activities:
(1)
				Directs a shipment of off-specification used oil from their facility to a used
				oil burner.
(2) First claims that
				used oil that is to be burned for energy recovery meets the used oil fuel
				specifications set forth in
				329 IAC
				13-3-2.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-24 - "Used oil generator" defined

Current through July 10, 2024
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. 24.
"Used oil generator" means any person, by site, whose act or
				  process produces used oil or whose act first causes used oil to become subject
				  to regulation.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-25 - "Used oil processor or re-refiner" defined

Current through July 10, 2024
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. 25.
"Used oil processor or re-refiner" means a facility that
				  processes used oil.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-26 - "Used oil transfer facility" defined

Current through July 10, 2024
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. 26.
"Used oil transfer facility" means any transportation related
				  facility, including loading docks, parking areas, storage areas, and other
				  areas where shipments of used oil are held for more than twenty-four (24) hours
				  and not longer than thirty-five (35) days during the normal course of
				  transportation or prior to an activity performed under
				  329 IAC
				  13-4-1(b)(2). Transfer facilities
				  that store used oil for more than thirty-five (35) days are subject to
				  regulation under 329 IAC 13-7.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 2 - Definitions › Section 2-27 - "Used oil transporter" defined

Current through July 10, 2024
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. 27.
(a) "Used
				oil transporter" means:
(1) any person who:
(A) transports used oil; or
(B) collects used oil from more than one (1)
				generator and transports the collected oil; or
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 3 - Applicability › Section 3-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-19-3
Affected: IC 13-14; IC 13-19; IC 13-20; IC 13-22; IC 13-23;
				  IC 13-30
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, 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 apply:
(A) Mixtures of used oil and hazardous waste
				that is listed in 40 CFR 261, Subpart D*, revised as of July 1, 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 hazardous waste because it has been mixed with halogenated
				hazardous waste listed in 40 CFR 261, Subpart D*, revised as of July 1, 2005.
				Persons may rebut this presumption by demonstrating that the used oil does not
				contain hazardous waste. For example, this may be done by 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, 2005.
				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
				329 IAC
				13-4-5(3), to reclaim metalworking
				oils or fluids. The presumption does apply to metalworking oils or fluids if
				the 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.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 3 - Applicability › Section 3-2 - Used oil specifications

Current through July 10, 2024
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. 2.
Used oil burned for energy recovery, and any fuel produced
				  from used oil by processing, blending, or other treatment, is subject to
				  regulation under this article unless it is shown not to exceed any of the
				  allowable levels of the constituents and properties in the specification shown
				  in Table 1. Once used oil that is to be burned for energy recovery has been
				  shown not to exceed any specification and the person making that showing
				  complies with
				  329 IAC
				  13-9-3,
				  329 IAC 13-9-4, and
				  329 IAC
				  13-9-5(b), the used oil is no longer
				  subject to this article.
Table 1-Used Oil not Exceeding any Specification Level is not
				  Subject to this Article when Burned for Energy
				  Recovery1
Constituent or Property
Allowable Level
Arsenic
5 ppm maximum
Cadmium
2 ppm maximum
Chromium
10 ppm maximum
Lead
100 ppm maximum
Flash point
100° F minimum
Total halogens
4,000 ppm maximum2
1 The
				specification does not apply to mixtures of used oil and hazardous waste that
				continue to be regulated as hazardous waste (See section 1(b) of this
				rule.).
2 Used oil containing more
				than one thousand (1,000) parts per million total halogens is presumed to be a
				hazardous waste under the rebuttable presumption provided under section 1(b) of
				this rule. Such used oil is subject to 40 CFR 266 Subpart H rather than this
				article when burned for energy recovery unless the presumption of mixing can be
				successfully rebutted.
Note: Applicable standards for the burning of used oil
				  containing PCBs are imposed by
				  40 CFR
				  761.20(e).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 3 - Applicability › Section 3-3 - Prohibitions

Current through July 10, 2024
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
				  260.10; 40 CFR 264; 40 CFR 265
Sec. 3.
(a) Used oil
				shall not be managed in surface impoundments or waste piles unless the units
				are subject to regulation under 40 CFR 264 or 40 CFR 265.
(b) The use of used oil as a dust suppressant
				is prohibited.
(c)
				Off-specification used oil fuel may be burned for energy recovery in only the
				following devices:
(1) Industrial furnaces
				identified in
				40 CFR
				260.10.
(2) Boilers, as defined in
				40 CFR
				260.10, that are identified as any of the
				following:
(A) Industrial boilers located on
				the site of a facility engaged in a manufacturing process where substances are
				transformed into new products, including the component parts of products, by
				mechanical or chemical processes.
(B) Utility boilers used to produce electric
				power, steam, heated or cooled air, or other gases or fluids for
				sale.
(C) Used oil-fired space
				heaters provided that the burner meets the provisions of
				329 IAC
				13-4-4.
(3) Hazardous waste incinerators subject to
				regulation under 40 CFR 264 Subpart O or 40 CFR 265.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 13 - USED OIL MANAGEMENT › Rule 3 - Applicability › Section 3-4 - Marketing used oil containing any quantifiable level of PCB

Current through July 10, 2024
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(f), 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(f) in an application
				to the commissioner.