reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 11.1 - Spent Lead Acid Batteries › Section 11.1-7 - Closure and corrective action

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-12-3-2; IC 13-15-2; IC 13-22-2; IC
				  13-25-5-7
Sec. 7.
The closure requirements are as follows:
(1) Permitted facilities are subject to the
				closure and post-closure requirements of 40 CFR 264, Subpart G as incorporated
				by reference in 329 IAC 3.1-9, and corrective action for solid waste management
				units may be initiated at any time during the life of the facility.
(2) At closure of unpermitted hazardous waste
				storage areas, the owner or operator must comply with
				40 CFR
				265.111 and
				265.114
				as these sections are incorporated by reference in 329 IAC 3.1-10.
(3) If the contaminated soils cannot be
				completely removed, the owner or operator must prepare a written plan to close
				the area in accordance with IC 13-12-3-2 and submit the plan to the
				commissioner for approval. The written plan must provide information equivalent
				to a proposed work plan under IC 13-25-5-7(b). If closure requirements are
				addressed in an exemption received under
				329
				IAC 3.1-5-4, the facility must follow the closure
				requirements contained in the exemption.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 11.5 - Standards for Owners and Operators of Hazardous Waste Facilities Operating under a Standardized Permit › Section 11.5-1 - Adoption of federal standards for owners and operators of hazardous waste facilities operating under a standardized permit

Current through July 10, 2024
Authority: IC
				  4-22-2-21;
				  IC 13-14-8; IC
				  13-22-2-4
Affected: IC 13-22-2
Sec. 1.
(a) Except as
				provided otherwise in section 2 of this rule, owners and operators of hazardous
				waste facilities operating under a standardized permit must comply with 40 CFR
				267 *, as amended by:
(1) 81 FR 85728*;
				and
(2) 81 FR 85827*.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 11.5 - Standards for Owners and Operators of Hazardous Waste Facilities Operating under a Standardized Permit › Section 11.5-2 - Exceptions and additions to 40 CFR 267

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-14-10; IC 13-22-2; IC 13-22-4-3.1; IC
				  13-30-3; 40 CFR 267
Sec. 2.
Exceptions and additions to federal standards for owners and
				  operators of hazardous waste facilities operating under a standardized permit
				  are as follows:
(1) In
				40 CFR
				267.3, dealing with imminent hazard action,
				delete "section 7003 of RCRA" and insert "IC 13-30-3 and IC 13-14-10
				".
(2) Reports to the state
				required at
				40
				CFR 267.56 must be communicated immediately
				to the Indiana Department of Environmental Management, Office of Land Quality,
				100 North Senate Avenue, MC 66-30, Indianapolis, Indiana 46204-2251, (317)
				233-7745, or (888) 233-7745 (toll-free in Indiana).
(3) In addition to the report of a release,
				fire, or explosion from the facility required by
				40
				CFR 267.56(c), the permittee
				shall comply with all requirements for spill reporting contained in the rules
				of the water pollution control board at 327 IAC 2-6.1.
(4) In
				40 CFR
				267.75(a) dealing with the
				biennial report, delete "EPA form 8700-13B" and insert "a form provided by the
				commissioner".
(5) In addition to
				the requirements in 40 CFR 267, Subpart E, copies of the reports required by IC
				13-22-4-3.1 must be kept on file for at least three (3) years after submission
				to the department.
(6) Delete 40
				CFR 267, Subpart H dealing with financial requirements and substitute 329 IAC
				3.1-15.
(7) The exceptions and
				additions to the standards for tank systems in 40 CFR 264, Subpart J, found in
				329 IAC
				3.1-9-3, also apply to tank systems under 40 CFR 267,
				Subpart J if the tank systems were permitted under 40 CFR 264, Subpart J before
				the effective date of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 12 - Land Disposal Restrictions › Section 12-1 - Adoption of federal land disposal restrictions

Current through July 10, 2024
Authority: IC
				  4-22-2-21; IC 13-14-8; IC
				  13-22-2-4
Affected: IC 13-22-2
Sec. 1.
(a) Except
				as provided in section 2 of this rule, the requirements of 40 CFR 268 *, as
				amended by:
(1) 81 FR 85827 through 81 FR
				85828*;
(2) 84 FR 5949 through 84
				FR 5950*; and
(3) 84 FR 67217*;
				apply to the identification of hazardous wastes that are restricted from land
				disposal and defines those limited circumstances under which an otherwise
				prohibited waste may continue to be land disposed.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 12 - Land Disposal Restrictions › Section 12-2 - Exceptions and additions; land disposal restrictions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-11-2-155; IC 13-22-2
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
				U.S 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.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-1 - Adoption of federal procedures for state administered permit program

Current through July 10, 2024
Authority: IC
				  4-22-2-21; IC 13-14-8; IC
				  13-15-1-3; IC 13-15-2; IC
				  13-22-2-4
Affected: IC 13-15; IC 13-22-2; IC 13-22-3
Sec. 1.
(a) Except
				as provided in section 2 of this rule, the requirements of 40 CFR 270 *, as
				amended by:
(1) 81 FR 85828*;
(2) 84 FR 5950*; and
(3) 84 FR 67217*; apply to federal procedures
				for a state administered permit program for hazardous waste facilities.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-2 - Exceptions and additions; permit program

Current through July 10, 2024
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.
(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".
(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
				the commissioner's discretion, reopen the comment period.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-4 - Confidentiality of information

Current through July 10, 2024
Authority: IC 13-7
Affected:
				  40 CFR
				  270.12
Sec. 4.
(a) Any
				information submitted to the state pursuant to this rule may be claimed as
				confidential by the submitter. Any such claim must be asserted at the time of
				submission. Claims of confidentiality must be made in compliance with the
				applicable portions of 329 IAC 6.1. If no claim is made at the time of
				submission, the state may make the information available to the public without
				further notice. If a claim is asserted, the information will be treated in
				accordance with the procedures contained in 329 IAC 6.1.
(b) Claims of confidentiality for the name
				and address of any permit applicant or permittee will be denied.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-5 - Federal issuance of hazardous waste management permits

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-1-3;
				  IC 13-15-2; IC
				  13-22-2-4
Affected: IC 13-15; IC 13-22
Sec. 5.
(a) All
				hazardous waste management permits issued by the U.S EPA pursuant to 40 CFR 270
				shall be called in within one hundred eighty (180) days after final
				authorization of the Indiana hazardous waste management program pursuant to 40
				CFR 271.
(b) These federally issued
				permits shall be reviewed and, if determination is made to issue, reissued as
				final (state) permits pursuant to this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-6 - Permit processing

Current through July 10, 2024
Authority: IC 13-14-8; IC
				  13-15-2-1;
				  IC
				  13-19-4-10;
				  IC
				  13-22-2-4
Affected: IC 13-15; IC 13-19-4; IC 13-22-3
Sec. 6.
The commissioner shall not begin the processing of a permit
				  until the applicant has fully complied with the application requirements for
				  that permit in this rule and the requirements of IC 13-19-4.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-7 - Modification, revocation and reissuance, or termination of permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 4-21.5; IC 13-15-7; IC 13-22-2;
				  40
				  CFR 124.5
Sec. 7.
(a) Permits
				may be modified, revoked and reissued, or terminated either at the request of
				any interested person, including the permittee, or upon the commissioner's
				initiative. However, permits may only be modified, revoked and reissued, or
				terminated for the reasons specified in
				40 CFR
				270.41 through
				40 CFR
				270.43. All requests shall be in writing and
				shall contain facts or reasons supporting the request.
(b) If the commissioner tentatively decides
				to modify or revoke and reissue a permit under this rule, she shall prepare a
				draft permit under section 8 of this rule incorporating the proposed changes.
				The commissioner may request additional information and, in the case of a
				modified permit, require the submission of an updated final permit application.
				In the case of revoked and reissued permits, the commissioner shall require the
				submission of a new application.
(c) IC 13-15-7 governs the modification and
				the revocation and reissuance of permits. In addition, when a permit is revoked
				and reissued under this rule, the entire permit is reopened just as if the
				permit had expired and was being reissued.
(d) If a permit modification is requested by
				the permittee, the commissioner shall approve or deny the request according to
				the procedures in
				40 CFR
				270.42.
(e) If the commissioner decides to terminate
				a permit under this rule, she shall issue a notice of intent to terminate. A
				notice of intent to terminate is a type of draft permit which follows the same
				procedures as any draft permit prepared under section 8 of this rule.
(f) A denial of a request to modify, revoke
				and reissue, or terminate a permit shall be in accordance with IC
				4-21.5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-8 - Draft permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
				  40
				  CFR 124.6
Sec. 8.
(a) Once an
				application is submitted, the commissioner shall either prepare a draft permit
				to issue a final state permit or prepare a draft permit to deny the final state
				permit.
(b) A draft permit prepared
				by the commissioner shall contain the following information:
(1) All conditions under
				40 CFR
				270.30 and
				40 CFR
				270.32.
(2) All compliance schedules under
				40 CFR
				270.33.
(3) All monitoring requirements under
				40
				CFR 270.31.
(4) Standards for treatment, storage,
				recovery, and/or disposal and other permit conditions under
				40 CFR
				270.30.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-9 - Fact sheet

Current through July 10, 2024
Authority: IC 13-7
Affected:
				  40
				  CFR 124.8
Sec. 9.
(a) A fact
				sheet shall be prepared for every draft permit for a hazardous waste management
				facility. The fact sheet shall briefly set forth the principal facts and the
				significant factual, legal, methodological, and policy questions considered in
				preparing the draft permit. The commissioner shall send this fact sheet to the
				applicant and, upon request, to any other person.
(b) The fact sheet shall include, when
				applicable, the following:
(1) A brief
				description of the type of facility or activity which is the subject of the
				draft permit.
(2) The type and
				quantity of wastes, fluids, or pollutants which are proposed to be or are being
				treated, recovered, stored, disposed of, injected, emitted, or
				discharged.
(3) A brief summary of
				the basis for the draft permit conditions including references to applicable
				statutory or regulatory provisions.
(4) Reasons why any requested variance or
				alternatives to required standards do or do not appear justified.
(5) A description of the procedures for
				reaching a final decision on the draft permit including the following:
(A) The beginning and ending dates of the
				comment period under section 10 of this rule and the address where comments
				will be received.
(B) Procedures
				for requesting a hearing and the nature of that hearing.
(C) Any other procedures by which the public
				may participate in the final decision.
(6) Name and telephone number of a person to
				contact for additional information.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-10 - Public notice of permit actions and public comment period

Current through July 10, 2024
Authority: IC 13-7-7; IC 13-7-8.5-4
Affected:
				  40 CFR
				  124.10
Sec. 10.
(a) The
				commissioner shall give public notice that either of the following actions have
				occurred:
(1) A draft permit has been
				prepared under section 8 of this rule.
(2) A hearing has been scheduled under
				section 12 of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-11 - Public comments and requests for public hearings

Current through July 10, 2024
Authority: IC 13-7
Affected:
				  40 CFR
				  124.11
Sec. 11.
During the public comment period provided under section 10 of
				  this rule, any interested person may submit written comments on the draft
				  permit and may request a public hearing, if no public hearing has already been
				  scheduled. A request for a public hearing shall be in writing and state the
				  nature of the issues proposed to be raised in the public hearing. All comments
				  shall be considered in making the decision and answered as provided in section
				  13 of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-12 - Public hearings

Current through July 10, 2024
Authority: IC 13-7-7; IC 13-7-8.5-4
Affected: IC 13-15-5-1;
				  40 CFR 124.12
Sec. 12.
(a) The
				commissioner shall hold a public hearing whenever required under IC 13-15-5-1
				or whenever she finds, on the basis of requests, a significant degree of public
				interest in a draft permit, or as follows:
(1)
				The commissioner may also hold a public hearing at her discretion whenever, for
				instance, such a hearing might clarify one (1) or more issues involved in the
				permit decision.
(2) The
				commissioner shall hold a public hearing whenever she receives written notice
				or opposition to a draft permit and a request for a public hearing within
				forty-five (45) days of public notice under section 10 of this rule.
(3) Whenever possible, the commissioner shall
				schedule a public hearing under this section at a location convenient to the
				nearest population center to the proposed facility.
(4) Public notice of the public hearing shall
				be given as specified in section 10 of this rule.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-13 - Response to comments

Current through July 10, 2024
Authority: IC 13-7-7; IC 13-7-8.5-4
Affected: IC 4-21.5-3-5;
				  40 CFR
				  124.17
Sec. 13.
(a) At the
				time that a permit decision is issued under section 14 of this rule, the
				commissioner shall issue a response to comments. This response shall do the
				following:
(1) Specify which provisions, if
				any, of the draft permit have been changed in the permit decision, and the
				reasons for the change.
(2) Briefly
				describe and respond to all significant comments on the draft permit.
(3) Explain the right to request an
				adjudicatory hearing on the permit as specified in IC 4-21.5-3-5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-14 - Issuance and effective date of permit

Current through July 10, 2024
Authority: IC 13-7-7-5; IC 13-7-10
Affected: IC 4-21.5
Sec. 14.
After the close of the public comment period (including any
				  public hearing) required by section 10 of this rule on a draft permit, the
				  commissioner shall issue a permit decision and shall follow the procedures of
				  IC 4-21.5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-15 - State-administered permit program; duration of permits

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2; IC 13-15-3-2
Affected: IC 13-22-2;
				  40 CFR 270.50
Sec. 15.
(a) State
				permits shall be effective for a fixed term not to exceed five (5) years,
				except permits for post-closure activities shall be effective for a fixed term
				not to exceed ten (10) years.
(b)
				Except as provided in section 16(a) of this rule, the term of a permit shall
				not be extended by modification beyond five (5) years.
(c) The commissioner may issue any permit for
				a duration that is less than five (5) years.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-16 - Continuation of expiring permits

Current through July 10, 2024
Authority: IC 13-7-7-5; IC 13-7-10
Affected: IC 13-15-3-6;
				  40 CFR
				  270.51
Sec. 16.
(a) The
				conditions of an expired permit continue in force under IC 13-15-3-6 until the
				effective date of a new permit if:
(1) the
				permittee has submitted a complete and timely application under IC 13-15-3-6,
				40 CFR
				270.14, and the applicable sections in
				40 CFR
				270.21 which is a complete (section 3 of this
				rule) application for a new permit; and
(2) the commissioner, through no fault of the
				permittee, does not issue a new permit with an effective date under section 14
				of this rule on or before the expiration date of the previous permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-17 - Adjudicatory hearings

Current through July 10, 2024
Authority: IC 13-7-7-5; IC 13-7-10-4
Affected: IC 4-21.5
Sec. 17.
The procedures for the conduct of adjudicatory hearings
				  regarding permits are prescribed under IC 4-21.5.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-18 - Preapplication public meeting and notice

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
				  40 CFR
				  124.31
Sec. 18.
(a) This
				section applies to the following:
(1) All RCRA
				Part B applications seeking initial permits for hazardous waste management
				units over which the department has permit issuance authority.
(2) RCRA Part B applications seeking renewal
				of permits for such units, where the renewal application is proposing a
				significant change in facility operations.
(3) Hazardous waste management facilities for
				which facility owners or operators are seeking coverage under a RCRA
				standardized permit under 40 CFR 270, Subpart J, including renewal of a
				standardized permit for such units, where the renewal is proposing a:
(A) significant change in facility
				operations;
(B) change that is not
				specifically identified in
				40 CFR
				270.42; or
(C) change that amends any terms or
				conditions in the supplemental portion of the standardized permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-19 - Public notice requirements at the application stage

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
				  40 CFR
				  124.32
Sec. 19.
(a) This
				section applies to the following:
(1) All RCRA
				Part B applications seeking initial permits for hazardous waste management
				units over which the department has permit issuance authority.
(2) RCRA Part B applications seeking renewal
				of permits for such units under
				40 CFR
				270.51.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-20 - Information repository

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
				  40 CFR
				  124.33
Sec. 20.
(a) This
				section applies to all applicants seeking RCRA permits for hazardous waste
				management units over which the department has permit issuance
				authority.
(b) The commissioner may
				assess the need, on a case-by-case basis, for an information repository. When
				assessing the need for an information repository, the commissioner shall
				consider a variety of factors, including the following:
(1) The level of public interest.
(2) The type of facility.
(3) The presence of an existing
				repository.
(4) The proximity to
				the nearest copy of the administrative record.
If the commissioner determines, at any time after submittal
				  of a permit application, that there is a need for a repository, then the
				  commissioner shall notify the applicant that he or she must establish and
				  maintain an information repository. See
				  40 CFR
				  270.30(m) for similar
				  provisions relating to the information repository during the life of a
				  permit.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 13 - State Administered Permit Program › Section 13-21 - Procedures for RCRA standardized permit

Current through July 10, 2024
Authority: IC
				  4-22-2-21;
				  IC 13-14-8; IC
				  13-22-2-4
Affected: IC 13-22-2
Sec. 21.
The RCRA standardized permits procedures at 40 CFR 124,
				  Subpart G*, are incorporated by reference.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Publishing Office, 732 North Capitol Street NW,
				  Washington, D.C. 20401, viewed at www.gpo.gov, or are available for review at
				  the Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
				  40 CFR
				  265.140
Sec. 1.
(a) The
				requirements of sections 3 through 12 and 24 through 40 of this rule apply to
				owners or operators of all hazardous waste facilities, except as provided
				otherwise in this section or are excluded from permit requirements in
				40 CFR
				265.1.
(b) The requirements of sections 13 through
				22 of this rule apply only to owners and operators of:
(1) disposal facilities;
(2) tank systems that are required under
				40 CFR
				265.197 to meet the requirements for
				landfills; and
(3) containment
				buildings that are required under
				40 CFR
				265.1102 to meet the requirements for
				landfills.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
				  40
				  CFR 265.141
Sec. 2.
(a) The
				definitions in this section apply throughout this rule.
(b) "Closure plan" means the plan for closure
				prepared in accordance with the requirements of
				40 CFR
				265.112.
(c) "Current closure cost estimate" means the
				most recent of the estimates prepared in accordance with section 3(a) through
				3(c) of this rule.
(d) "Current
				post-closure cost estimate" means the most recent of the estimates prepared in
				accordance with section 13(a) through 13(c) of this rule.
(e) "Parent corporation" means a corporation
				that directly owns at least fifty percent (50%) of the voting stock of the
				corporation that is the facility owner or operator; the corporation that is the
				facility owner or operator is deemed a subsidiary of the parent
				corporation.
(f) "Post-closure
				plan" means the plan for post-closure care prepared in accordance with the
				requirements of
				40 CFR
				265.117 through
				40
				CFR 265.120.
(g) The following terms are used in the
				specifications for the financial tests for closure, post-closure care, and
				liability coverage, are intended to assist in the understanding of this rule,
				and are not intended to limit the meanings of terms in a way that conflicts
				with generally accepted accounting practices:
(1) "Assets" means all existing and all
				probable future economic benefits obtained or controlled by a particular
				entity.
(2) "Current assets" means
				cash or other assets or resources commonly identified as those that are
				reasonably expected to be realized in cash or sold or consumed during the
				normal operating cycle of the business.
(3) "Current liabilities" means obligations
				whose liquidation is reasonably expected to require the use of the existing
				resources properly classifiable as current assets or the creation of other
				current liabilities.
(4)
				"Independently audited" refers to an audit performed by an independent
				certified public accountant in accordance with generally accepted auditing
				standards.
(5) "Liabilities" means
				probable future sacrifices of economic benefits arising from present
				obligations to transfer assets or provide services to other entities in the
				future as a result of past transactions or events.
(6) "Net working capital" means current
				assets minus current liabilities.
(7) "Net worth" means total assets minus
				total liabilities and is equivalent to owner's equity.
(8) "Tangible net worth" means the tangible
				assets that remain after deducting liabilities; such assets would not include
				intangibles such as good will and rights to patents or royalties.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-3 - Cost estimate for closure

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2
Sec. 3.
(a) The owner
				or operator shall keep at the facility a detailed written estimate, in current
				dollars, of the cost of closing the facility in accordance with the
				requirements in
				40 CFR
				265.111 through
				40 CFR
				265.115, applicable closure requirements of
				40 CFR
				265.178,
				40 CFR
				265.197,
				40 CFR
				265.228,
				40 CFR
				265.258,
				40 CFR
				265.280,
				40 CFR
				265.310,
				40 CFR
				265.351,
				40 CFR
				265.381,
				40 CFR
				265.404, and 40 CFR 265.1102, and the
				following:
(1) The estimate must equal the
				cost of closure at the point in the facility's active life when the extent and
				manner of its operation would make closure the most expensive, as indicated by
				its closure plan. See
				40 CFR
				265.112(b).
(2) The closure cost estimate must be based
				on the costs to the owner or operator of hiring a third party to close the
				facility. A third party is a party who is neither a parent nor a subsidiary of
				the owner or operator. See definition of "parent corporation" in section 2(e)
				of this rule. The owner or operator may use costs for on-site disposal if the
				owner can demonstrate that on-site disposal capacity exists at all times over
				the life of the facility.
(3) The
				closure cost estimate may not incorporate any salvage value that may be
				realized by the sale of hazardous wastes, or nonhazardous waste if applicable
				under
				40 CFR
				265.113(d), facility
				structures or equipment, land, or other facility assets at the time of partial
				or final closure.
(4) The owner or
				operator may not incorporate a zero (0) cost for hazardous waste that might
				have economic value.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-4 - Financial assurance for closure and corrective action; approach options

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 4.
An owner or operator of each facility shall establish
				  financial assurance for closure or corrective action, or both, of the facility,
				  in accordance with the following:
(1)
				The owner or operator shall choose from the financial assurance options
				specified in sections 5 through 9 of this rule to establish financial assurance
				for corrective action.
(2) The
				owner or operator shall establish financial assurance for closure of a facility
				that is subject to this rule.
(3)
				The owner or operator shall establish financial assurance for corrective action
				of a facility that meets the following criteria:
(A) The facility is subject to corrective
				action under
				42 U.S.C.
				6928(h) or IC
				13-22-13.
(B) The commissioner
				requires the establishment of financial assurance for corrective action, based
				on one (1) or more of the following:
(i) After
				the implementation of interim measures for corrective action, the owner or
				operator has not attained the cleanup goal.
(ii) Corrective action requires a long-term
				remedy that may include engineering controls as a component of an environmental
				restrictive covenant.
(iii) An
				order requires financial assurance for corrective action.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-5 - Corrective action or closure trust fund option

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 5.
(a) An owner
				or operator may satisfy the requirements of section 4 of this rule by
				establishing a corrective action or closure trust fund that conforms to the
				requirements of this section and submitting an originally signed duplicate of
				the trust agreement to the commissioner. The trustee must be an entity that has
				the authority to act as a trustee and whose trust operations are regulated and
				examined by a federal or state agency.
(b) The wording of the trust agreement must
				be identical to the wording specified in section 26(a) of this rule, and the
				trust agreement must be accompanied by a formal certification of acknowledgment
				in accordance with section 26(b) of this rule. Schedule A of the trust
				agreement must be updated within sixty (60) days after a change in the amount
				of the current corrective action or closure cost estimate covered by the
				agreement.
(c) For corrective
				action financial assurance, the owner or operator shall deposit the full amount
				of the current corrective action cost estimate into the trust fund at the time
				a trust fund for corrective action financial assurance is
				established.
(d) For closure
				financial assurance, payments into the trust fund must be made annually by the
				owner or operator over the twenty (20) years beginning with July 1, 1982, or
				over the remaining operating life of the facility as estimated in the closure
				plan, whichever period is shorter; this period is hereinafter referred to as
				the pay-in-period. The payments in the closure trust fund must be made as
				follows:
(1) The first payment must be made
				by July 1, 1982, except as provided in subsection (f). The first payment must
				be at least equal to the current closure cost estimate, except as provided in
				section 10 of this rule, divided by the number of years in the
				pay-in-period.
(2) Subsequent
				payments must be made no later than thirty (30) days after each anniversary
				date of the first payment. The amount of each subsequent payment must be
				determined by the following formula:
Click here to
				  view
Where: CE = The current closure cost estimate.
CV = The current value of the trust fund.
Y = The number of years remaining in the
				  pay-in-period.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-6 - Surety bond guaranteeing payment into a corrective action or closure trust fund option

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 6.
(a) An owner
				or operator may satisfy the requirements of this rule by:
(1) obtaining a surety bond that conforms to
				the requirements of this section; and
(2) submitting the bond to the commissioner.
The surety company issuing the bond must, at a minimum, be
				  authorized to do business in Indiana and be among those listed as acceptable
				  sureties on federal bonds in Circular 570* of the U.S. Department of the
				  Treasury.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-7 - Corrective action or closure letter-of-credit option

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22; IC 13-30-3
Sec. 7.
(a) An owner
				or operator may satisfy the requirements of sections 4 through 6 of this rule,
				this section, and sections 8 through 11 of this rule by obtaining an
				irrevocable standby letter-of-credit that conforms to the requirements of this
				section and submitting the letter to the commissioner. The issuing institution
				must be an entity that has the authority to issue letters-of-credit and whose
				letters-of-credit operations are regulated and examined by a federal or state
				agency.
(b) The wording of the
				letter-of-credit must be identical to the wording specified in section 29 of
				this rule.
(c) An owner or operator
				who uses a letter-of-credit to satisfy the requirements of sections 4 through 6
				of this rule, this section, and sections 8 through 11 of this rule shall
				establish a standby trust fund. Under the terms of the letter-of-credit, all
				amounts paid in accordance with a draft by the commissioner must be deposited
				by the issuing institution directly into the standby trust fund in accordance
				with instructions from the commissioner. The standby trust fund must meet the
				requirements of the trust fund specified in section 5 of this rule except for
				the following:
(1) An originally signed
				duplicate of the trust agreement must be submitted to the commissioner with the
				letter-of-credit.
(2) Unless the
				standby trust fund is funded in accordance with the requirements of sections 4
				through 6 of this rule, this section, and sections 8 through 11 of this rule,
				the following are not required by sections 4 through 6 of this rule, this
				section, and sections 8 through 11 of this rule:
(A) Payments into the trust fund in
				accordance with section 5 of this rule.
(B) Updating of Schedule A of the trust
				agreement in section 26 of this rule to reflect current corrective action or
				closure cost estimates.
(C) Annual
				valuations as required by the trust agreement.
(D) Notices of nonpayment as required by the
				trust agreement.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-9 - Financial test and guarantee for corrective action or closure option

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 9.
(a) An owner
				or operator may satisfy the requirements of sections 4 through 8 of this rule,
				this section, and sections 10 through 11 of this rule by demonstrating that the
				owner or operator passes a financial test in accordance with this section. To
				pass the financial test, the owner or operator shall meet the criteria of
				either subdivision (1) or (2) as follows:
(1)
				The owner or operator shall have the following:
(A) Two (2) of the following three (3)
				ratios:
(i) A ratio of total liabilities to
				net worth less than two (2.0).
(ii)
				A ratio of the sum of net income plus depreciation, depletion, and amortization
				to total liabilities greater than one-tenth (0.1).
(iii) A ratio of current assets to current
				liabilities greater than one and five-tenths (1.5).
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-10 - Use of multiple financial mechanisms option

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 10.
An owner or operator may satisfy the requirements of
				  sections 4 through 9 of this rule and this section by establishing more than
				  one (1) financial mechanism per facility. These mechanisms are limited to trust
				  funds, surety bonds, letters-of-credit, and insurance. The mechanisms must be
				  established in accordance with sections 5 through 8 of this rule, respectively,
				  except that it is the combination of mechanisms rather than the single
				  mechanism, that must provide financial assurance for an amount at least equal
				  to the current corrective action or closure cost estimate, or both cost
				  estimates. If an owner or operator uses a trust fund in combination with a
				  surety bond or a letter-of-credit, the owner or operator may use the trust fund
				  as the standby trust fund for the other mechanisms. A single standby trust fund
				  may be established for two (2) or more mechanisms. The commissioner may use any
				  or all of the mechanisms to provide for corrective action or closure, or both,
				  of the facility.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-11 - Use of a financial mechanism for multiple facilities option

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 11.
An owner or operator may use a financial assurance mechanism
				  specified in section 4 of this rule to meet the requirements of section 4 of
				  this rule for more than one (1) facility. Evidence of financial assurance
				  submitted to the commissioner must include a list showing, for each facility,
				  the U.S. EPA identification number, name, address, and the amount of funds for
				  corrective action or closure, or both, assured by the mechanism. The amount of
				  funds available through the mechanism must be no less than the sum of funds
				  that would be available if a separate mechanism had been established and
				  maintained for each facility. In directing funds available through the
				  mechanism for corrective action or closure, or both, of any of the facilities
				  covered by the mechanism, the commissioner may direct only the amount of funds
				  designated for that facility, unless the owner or operator agrees to the use of
				  additional funds available under the mechanism.
Indiana Administrative Code › Title 329 - SOLID WASTE MANAGEMENT DIVISION › Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT › Rule 14 - Financial Requirements for Owners and Operators of Interim Status Hazardous Waste Treatment, Storage, and Disposal Facilities › Section 14-12 - Release of owner or operator from the requirements for financial assurance for corrective action or closure

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-22-2; IC
				  13-22-8-1; IC
				  13-22-9-7
Affected: IC 13-22
Sec. 12.
(a) Within
				sixty (60) days after receiving certifications from the owner or operator and
				an independent registered professional engineer that final closure has been
				completed in accordance with the approved closure plan, the commissioner shall
				notify the owner or operator in writing that the owner or operator is no longer
				required by section 4 of this rule to maintain financial assurance for final
				closure of the facility, unless the commissioner has reason to believe that
				final closure has not been in accordance with the approved closure plan. The
				commissioner shall provide the owner or operator a detailed written statement
				of any reason that closure has not been in accordance with the approved closure
				plan.
(b) An owner or operator
				required in section 4 of this rule to establish financial assurance for
				corrective action of a facility is released from the requirement to maintain
				financial assurance when:
(1) the approved
				remedy for corrective action has attained the cleanup goal; and
(2) the commissioner has notified the owner
				or operator in writing that financial assurance for corrective action is no
				longer required.