20140604-IR-329140188BNA NOTICE OF READOPTION IC 13-14-9.5-1.1 NOTICE OF RULE REVIEW LSA Document #14-188

TITLE 329 SOLID WASTE MANAGEMENT DIVISION

NOTICE OF READOPTION IC 13-14-9.5-1.1 NOTICE OF RULE REVIEW LSA Document #14-188

This is a notice of rule review as described in IC 13-14-9.5-1.1. Certain rules described in IC 13-14-9.5-1.1 do not expire after seven years. These types of rules are: (1) rules required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; and (2) rules required to begin or continue receiving federal funding for implementation or operation of a program.

The Indiana Department of Environmental Management (IDEM) is required to publish a list of these rules that have been effective for seven years and request comment, in a 30 day comment period, on any specific rule that should be reviewed through the regular rulemaking process under IC 13-14-9. IDEM must also notice a public hearing before the Environmental Rules Board (board). IDEM will respond to all comments received during the comment period and provide the comments and responses to the board during the public hearing. The board, after considering the comments, responses, and testimony at the hearing, will direct IDEM on whether additional rulemaking actions must be started to address concerns raised to the board.

IC 13-14-9-4(a)(5) THROUGH IC 13-14-9-4(a)(7) IDENTIFICATION OF RESTRICTIONS AND REQUIREMENTS NOT IMPOSED UNDER FEDERAL LAW

IC 13-14-9.5-1.1 requires this notice to contain the information described under IC 13-14-9-4(a)(5) through IC 13-14-9-4(a)(7) regarding restrictions and requirements of the listed rules that are not imposed under federal law. The Resource Conservation and Recovery Act (RCRA) is the authorizing federal law for the management of solid waste. With the approval of the United States Environmental Protection Agency under 40 CFR 239, state programs regulate the disposal of solid waste, including the issuance of permits for land disposal facilities. Indiana has an approved state program. This rule is authorized under IC 13-19-3-1.

LIST OF RULES

The following is a list of rules in 329 IAC that have been effective for seven years and are: (1) required to receive or maintain delegation, primacy, or approval for implementation or operation of a program established under federal law; or (2) required to begin or continue receiving federal funding for implementation or operation of a program:

	329 IAC 1	GENERAL PROVISIONS
	329 IAC 10-1	General Provisions
	329 IAC 10-2	Definitions
	329 IAC 10-2.5	Definitions for Nonmunicipal Solid Waste Landfills, Construction/Demolition Sites and Restricted Waste Sites Types I, II, III, and IV
	329 IAC 10-3	Exclusions
	329 IAC 10-4	Open Dumping and Open Dumps
	329 IAC 10-5	Industrial On-Site Activities Needing Permits
	329 IAC 10-6	Previously Permitted Solid Waste Land Disposal Facilities and Sanitary Landfills Closed Prior to April 14 1996; Responsibilities
	329 IAC 10-10	Transition Requirements of Municipal Solid Waste Landfill Siting, Design, and Closure
	329 IAC 10-11-1	Permit requirements
	329 IAC 10-11-2.1	Permit application requirements; general
	329 IAC 10-11-2.5	Permit application for new land disposal facility and lateral expansions
	329 IAC 10-11-3	Signatories to permit application and reports
	329 IAC 10-11-4.1	Application for vertical expansions
	329 IAC 10-11-5.1	Renewal permit application
	329 IAC 10-11-6	Minor modification applications
	329 IAC 10-11-6.5	Research, development, and demonstration minor modification application
	329 IAC 10-12	Actions for Permit and Renewal Permit Application
	329 IAC 10-13	Permit Issuance and Miscellaneous Provisions
	329 IAC 10-15-1	General requirements
	329 IAC 10-15-2	Plot plan requirements
	329 IAC 10-15-3	Cross-sectional drawing and detail requirements
	329 IAC 10-15-4	Hydrogeologic site investigation report
	329 IAC 10-15-5	Description of proposed ground water monitoring well system
	329 IAC 10-15-6	Operational plan
	329 IAC 10-15-7	CQA/CQC plan and requirements
	329 IAC 10-15-8	Calculations and analyses pertaining to landfill design
	329 IAC 10-15-10	Leak detection plan
	329 IAC 10-15-11	Leachate contingency plan
	329 IAC 10-15-12	Storm water pollution prevention plan
	329 IAC 10-16-1	Airport siting restrictions
	329 IAC 10-16-2	Flood plain and floodway siting restrictions
	329 IAC 10-16-3	Wetlands siting restrictions
	329 IAC 10-16-4	Fault area siting restrictions
	329 IAC 10-16-5	Seismic impact zone siting restrictions
	329 IAC 10-16-6	Underground mine siting restrictions
	329 IAC 10-16-7	Unstable area siting restrictions
	329 IAC 10-16-8	Karst terrain siting restrictions
	329 IAC 10-16-9	Aquifer siting restrictions
	329 IAC 10-16-10	Endangered species siting restrictions
	329 IAC 10-16-13	Closure of existing municipal solid waste landfill units
	329 IAC 10-17	Municipal Solid Waste Landfill Liner System; Design, Construction, and CQA/CQC Requirements
	329 IAC 10-20-1	Access control
	329 IAC 10-20-2	On-site roads
	329 IAC 10-20-3	Signs
	329 IAC 10-20-4	Sanitation
	329 IAC 10-20-6	Salvaging
	329 IAC 10-20-7	Safety requirements
	329 IAC 10-20-8	Records and reports
	329 IAC 10-20-9	Open burning
	329 IAC 10-20-10	Waste deposit and compaction
	329 IAC 10-20-11	Diversion of surface water, run-on and run-off control systems, and monitoring
	329 IAC 10-20-12	Erosion and sedimentation control measures; general requirements
	329 IAC 10-20-13	Cover; general provisions
	329 IAC 10-20-14	Daily and intermediate cover requirements
	329 IAC 10-20-14.1	Alternative daily cover
	329 IAC 10-20-15	Cover storage sites and borrow pits requirements
	329 IAC 10-20-16	Grading and soil stabilization for intermediate cover and final cover
	329 IAC 10-20-17	Explosive gases
	329 IAC 10-20-18	Surface leachate control
	329 IAC 10-20-19	Liner leak detection program
	329 IAC 10-20-20	Leachate collection, removal, and disposal
	329 IAC 10-20-21	Leachate recycling
	329 IAC 10-20-23	Control program for regulated hazardous waste, PCB waste, and unauthorized solid waste
	329 IAC 10-20-24	Survey requirements
	329 IAC 10-20-25	Air criteria
	329 IAC 10-20-26	Surface water requirements
	329 IAC 10-20-27	Liquids restrictions
	329 IAC 10-20-28	Self-inspections
	329 IAC 10-21	Municipal Solid Waste Landfills; Ground Water Monitoring Programs and Corrective Action Program Requirements
	329 IAC 10-22	Municipal Solid Waste Landfills; Closure Requirements
	329 IAC 10-23	Municipal Solid Waste Landfills; Post-Closure Requirements
	329 IAC 10-39-4	Multiple facilities
	329 IAC 10-39-5	Joint financial responsibility for closure and post-closure
	329 IAC 10-39-6	Release of financial responsibility obligations
	329 IAC 10-39-7	Incapacity of permittee, guarantors, or financial institutions
	329 IAC 10-39-8	Penalty for failure to fund financial responsibility
	329 IAC 10-39-9	Release of funds

REQUEST FOR PUBLIC COMMENTS

At this time, IDEM solicits comments on specific rules listed above that should be reviewed through the regular rulemaking process under IC 13-14-9. IDEM requests that specific changes and language suggestions accompany the comments. Comments may be submitted in one of the following ways:

(1) By mail or common carrier to the following address:

LSA Document #14-188 2014 Title 329 Rule Review

Dan Watts

Rule Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204

(2) By facsimile to [phone]. Please confirm the timely receipt of faxed comments by calling the Rule Development Branch at [phone].

(3) By electronic mail to [e-mail]. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the email address indicated in this notice.

(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.

Regardless of the delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.

COMMENT PERIOD DEADLINE

Comments must be postmarked, faxed, or time stamped not later than July 4, 2014. Hand-delivered comments must be delivered to the office by 4:45 p.m. on the above-listed deadline date.

Additional information regarding this action may be obtained from Dan Watts, Rule Development Branch, Office of Legal Counsel, [phone] or [phone] (in Indiana).

Nancy King, Chief

Rule Development Branch

Office of Legal Counsel

Posted: 06/04/2014 by Legislative Services Agency

DIN: 20140604-IR-329140188BNA

Composed: Nov 01,2016 1:51:10AM EDT

A PDF version of this document.