20140903-IR-329140187BFA IC 13-14-9.5 Notice of Final Readoption LSA Document #14-187(F)

TITLE 329 SOLID WASTE MANAGEMENT DIVISION

IC 13-14-9.5 Notice of Final Readoption LSA Document #14-187(F)

Readopts rules in anticipation of IC 13-14-9.5-2, providing that an administrative rule adopted under IC 13-14-9 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher.

PURPOSE OF NOTICE

Under IC 13-14-9.5-4(c), the Indiana Department of Environmental Management (IDEM) is publishing a notice of readoption of rules in Title 329 of the Indiana Administrative Code. With this notice, IDEM is providing notification that the following rules are readopted:

READOPTED RULES:

	329 IAC 7.1-1	General Provisions; Definitions
	329 IAC 7.1-2-1	Definitions
	329 IAC 7.1-2-2	"Community water system" defined
	329 IAC 7.1-2-3	"Ecologically sensitive area" defined
	329 IAC 7.1-2-4	"Free product" defined
	329 IAC 7.1-2-6	"Hazardous substances response site" defined
	329 IAC 7.1-2-7	"Maximum contamination level" or "MCL" defined
	329 IAC 7.1-2-8	"Notification of release" defined
	329 IAC 7.1-2-10	"Off-site" defined
	329 IAC 7.1-2-11	"On-site" defined
	329 IAC 7.1-2-12	"Remediation work plan" defined
	329 IAC 7.1-3	Incorporation by Reference
	329 IAC 7.1-5	Transition
	329 IAC 7.1-6	Reprioritization
	329 IAC 7.1-7	Completion of Remediation
	329 IAC 7.1-8	Hazard Removals
	329 IAC 10-11-7	Demonstration and determination of need requirements
	329 IAC 10-15-9	Baled waste management plan
	329 IAC 10-16-11	Setbacks
	329 IAC 10-16-12	Reduction of setback distances
	329 IAC 10-18	Municipal Solid Waste Landfills; Vertical Expansions
	329 IAC 10-20-30	Manifest requirements for waste received from transfer stations
	329 IAC 10-20-31	Requirements for receipt of baled waste
	329 IAC 10-20-32	Incidental disposal of small amounts of whole waste tires
	329 IAC 11-2-21.4	"Medical waste" defined
	329 IAC 11-2-28.4	"Plasma arc treatment" defined
	329 IAC 11-2-38.6	"Solidification" defined
	329 IAC 11-2-43	"Solid waste processing facility" defined
	329 IAC 11-4-1	Applicability
	329 IAC 11-5-1	Applicability
	329 IAC 11-5-2	Existing construction permits
	329 IAC 11-5-3	Existing operating permits
	329 IAC 11-5-4	Operating requirements for facilities with operating permits in effect on April 13, 1996
	329 IAC 11-5-6	Pending permit applications
	329 IAC 11-5-7	Existing facilities requiring a permit
	329 IAC 11-9-5	Demonstration and determination of need
	329 IAC 11-11-5	Transferability of permits; change of ownership interest
	329 IAC 11-15-1	Definitions
	329 IAC 11-15-3	Manifests required information
	329 IAC 11-15-5	Prohibition on accepting municipal waste

RULES TO EXPIRE: None.

AUTHORITY: IC 13-14-9.5.

HISTORY

First Notice of Comment Period: June 4, 2014, Indiana Register (DIN: 20140604-IR-329140187BNA).

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING

This rulemaking is required under IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. The rules listed to be readopted have an expiration date of January 1, 2015. IDEM has chosen to readopt all affected rules at one time rather than readopt each rule separately as its expiration date approaches.

Under IC 13-14-9.5-4, the department or board that has rulemaking authority under Title 13 may readopt all rules subject to expiration under one rule that lists all rules that are readopted by their titles and subtitles only. If no comments are received during this first comment period, IDEM may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish notice in the Indiana Register that the agency has readopted the rule.

STATUTORY AND REGULATORY REQUIREMENTS

IC 13-14-9.5-4 requires that the following procedures be followed to readopt rules:

(1) A notice listing all rules to be readopted by their titles and subtitles shall be submitted to Legislative Services Agency for publication in the Indiana Register.

(2) If a person submits a written request and a basis for the request during the first comment period that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking, the agency must:

(A) readopt that rule separately from the readoption rule; and

(B) follow the procedure for adoption of administrative rules under IC 13-14-9 with respect to that rule.

(3) If no written request is provided within the first comment period, the agency may submit the rule for filing with the Publisher under IC 4-22-2-35 and publish a notice in the Indiana Register that the agency has readopted the rule.

NOTICE OF READOPTION

The following rules received no comments during the first notice of comment period requesting that a particular rule be readopted separately from the readoption rule that readopts all rules in one rulemaking and are not exempt from the readoption process under IC 13-14-9.5:

	329 IAC 7.1-1	General Provisions; Definitions
	329 IAC 7.1-2-1	Definitions
	329 IAC 7.1-2-2	"Community water system" defined
	329 IAC 7.1-2-3	"Ecologically sensitive area" defined
	329 IAC 7.1-2-4	"Free product" defined
	329 IAC 7.1-2-6	"Hazardous substances response site" defined
	329 IAC 7.1-2-7	"Maximum contamination level" or "MCL" defined
	329 IAC 7.1-2-8	"Notification of release" defined
	329 IAC 7.1-2-10	"Off-site" defined
	329 IAC 7.1-2-11	"On-site" defined
	329 IAC 7.1-2-12	"Remediation work plan" defined
	329 IAC 7.1-3	Incorporation by Reference
	329 IAC 7.1-5	Transition
	329 IAC 7.1-6	Reprioritization
	329 IAC 7.1-7	Completion of Remediation
	329 IAC 7.1-8	Hazard Removals
	329 IAC 10-11-7	Demonstration and determination of need requirements
	329 IAC 10-15-9	Baled waste management plan
	329 IAC 10-16-11	Setbacks
	329 IAC 10-16-12	Reduction of setback distances
	329 IAC 10-18	Municipal Solid Waste Landfills; Vertical Expansions
	329 IAC 10-20-30	Manifest requirements for waste received from transfer stations
	329 IAC 10-20-31	Requirements for receipt of baled waste
	329 IAC 10-20-32	Incidental disposal of small amounts of whole waste tires
	329 IAC 11-2-21.4	"Medical waste" defined
	329 IAC 11-2-28.4	"Plasma arc treatment" defined
	329 IAC 11-2-38.6	"Solidification" defined
	329 IAC 11-2-43	"Solid waste processing facility" defined
	329 IAC 11-4-1	Applicability
	329 IAC 11-5-1	Applicability
	329 IAC 11-5-2	Existing construction permits
	329 IAC 11-5-3	Existing operating permits
	329 IAC 11-5-4	Operating requirements for facilities with operating permits in effect on April 13, 1996
	329 IAC 11-5-6	Pending permit applications
	329 IAC 11-5-7	Existing facilities requiring a permit
	329 IAC 11-9-5	Demonstration and determination of need
	329 IAC 11-11-5	Transferability of permits; change of ownership interest
	329 IAC 11-15-1	Definitions
	329 IAC 11-15-3	Manifests required information
	329 IAC 11-15-5	Prohibition on accepting municipal waste

Therefore, the above-listed rules are readopted under IC 13-14-9.5-4. The rules will be submitted to the Publisher for filing and will be effective 30 days after that filing date. The rules will remain in effect until their next expiration date, January 1, 2021. However, all rules are subject to amendment or repeal under IDEM's regular rulemaking process found at IC 13-14-9.

LSA Document #14-187(F)

First Notice of Comment Period: 20140604-IR-329140187BNA

Filed with Publisher: August 6, 2014, 9:49 a.m.

Posted: 09/03/2014 by Legislative Services Agency

DIN: 20140903-IR-329140187BFA

Composed: Nov 01,2016 1:54:53AM EDT

A PDF version of this document.