20160217-IR-329160088ERA Temporarily amends 329 IAC 10-3-1 and 329 IAC 10-9-1 to incorporate by reference the federal requirements for the operation and closure of a coal combustion residuals impoundment. Statutory authority...

TITLE 329 SOLID WASTE MANAGEMENT DIVISION

Emergency Rule LSA Document #16-88(E)

DIGEST

Temporarily amends 329 IAC 10-3-1 and 329 IAC 10-9-1 to incorporate by reference the federal requirements for the operation and closure of a coal combustion residuals impoundment. Statutory authority: IC 13-14-8-1. Effective February 12, 2016.

SECTION 1. (a) This SECTION supersedes 329 IAC 10-3-1(8).

(b) Except for coal combustion residuals impoundments subject to 40 CFR 257, Subpart D, disposal of coal ash transported by water into an ash pond which has received a water pollution control facility construction permit under 327 IAC 3.

SECTION 2. (a) This SECTION supersedes 329 IAC 10-3-1(9).

(b) Except for coal combustion residuals impoundments subject to 40 CFR 257, Subpart D, the operation of surface impoundments; however, the final disposal of solid waste in surface impoundments at the end of their operation is subject to approval by the commissioner, except as excluded under SECTION 1(b) of this document and 329 IAC 10-3-1(10). The commissioner's approval is based on management practices that are protective of human health and the environment.

SECTION 3. (a) This SECTION supplements 329 IAC 10-9-1.

(b) The owner and operator of a coal combustion residuals impoundment subject to 40 CFR 257, Subpart D, shall comply with the requirements for surface impoundments in accordance with 40 CFR 257.50* through 40 CFR 257.106*.

(c) For a coal combustion residuals impoundment subject to 40 CFR 257, Subpart D, final disposal of solid waste in the impoundment at the end of the operation of the impoundment is subject to approval by the commissioner, based on the requirements for coal combustion residuals impoundments in 40 CFR 257.50* through 257.106* and on other management practices that are protective of human health and the environment.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20402, viewed at www.gpo.gov, or are available for review and copying at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

SECTION 4. A variance request from the requirements of this document shall be made in accordance with IC 13-14-8-8.

LSA Document #16-88(E)

Filed with Publisher: February 12, 2016, 10:24 a.m.

Documents Incorporated by Reference: 40 CFR 257, Subpart D, Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments

Posted: 02/17/2016 by Legislative Services Agency

DIN: 20160217-IR-329160088ERA

Composed: Nov 01,2016 2:09:55AM EDT

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