| Environmental Rules Board (Solid Waste Management Division) | |||
|---|---|---|---|
| Rule Name, LSA #, and Subject Matter | Submit Comments and Questions to * | Rule Notices, Actions, and Comment Periods | Public Hearings, and Anticipated Adoption and Effective Dates ** |
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Coal Combustion Residuals #21-458 Adds a new rule at 329 IAC 10 concerning the establishment of a comprehensive state permitting program for coal combustion residuals (CCRs). |
Keelyn Walsh Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 232-8229 Fax: (317) 233-5970 E-mail: kwalsh@idem.in.gov |
First Notice of Comment Period DIN: 20211013-IR-329210458FNA Comment Period 10/13/2021-11/12/2021 Second Notice of Comment Period DIN: 20221221-IR-329210458SNA Comment Period 12/22/2022-01/20/2023 Continuation of Second Notice of Comment Period DIN: 20230118-IR-329210458SCA Comment Period 01/18/2023-03/19/2023 A Continuation of Second Notice of Comment Period (Continuation) was published on January 18, 2023, in the Indiana Register (DIN: 20230118-IR-329210458SCA) concerning amendments to rules at 329 IAC 10-3-1, 329 IAC 10-3-4, and 329 IAC 10-9-1, and the addition of a new article at 329 IAC 14, concerning the establishment of a state permitting program for coal combustion residuals (CCR). The Continuation stated that IDEM “is providing an additional sixty (60) days for submission of comments on the rulemaking.” As the previous comment deadline was January 20, 2023, an additional sixty (60) days would establish the new comment deadline as March 21, 2023. However, the Continuation went on to state, “All comments must be postmarked or time stamped not later than March 19, 2023.” (March 19 is sixty (60) days after publication of the Continuation.) IDEM acknowledges the inconsistency and hereby notifies the public that IDEM will consider and respond to comments postmarked or time stamped not later than March 21, 2023. Continuation of Second Notice of Comment Period - Amendment DIN: 20240731-IR-329210458SCA Comment Period 07/31/2024-08/30/2024 Summary/Response to Comments Coal Combustion Residuals DIN: 20240731-IR-329210458ONA |
Public Hearing: Preliminary Adoption 03/08/2023 DIN: 20221221-IR-329210458PHA To Be Scheduled DIN: 20230201-IR-329210458CHA 10/09/2024 DIN: 20240731-IR-329210458PHA 12/11/2024 DIN: 20241002-IR-329210458CHA |
Title 329 Solid Waste Management Division Readoption of Title 329 in its entirety and without amendment governing the Solid Waste Management Division |
Daniel Watts Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 234-5345 Fax: (317) 233-5970 E-mail: Dwatts1@idem.in.gov | Legislative Notice for Rule Readoption Notice of Public Comment Period for Rule Readoption |
Public Hearing: Adoption 10/09/2024 |
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Title 329 Civil Penalties #24-48 In accordance with IC 13-30-4-1, IDEM imposes civil penalties on entities that violate provisions of the state’s law and rules regarding solid waste management and underground storage tanks (USTs). The current civil penalty policies became effective on April 5, 1999, through non-rule policy documents. House Enrolled Act 1623, which became law on May 5, 2023, added IC 4-22-2-19.6. This statute requires any fee, fine, or civil penalty imposed by an agency to be included in the Indiana Administrative Code. Accordingly, this rulemaking adds 329 IAC 1-2 and 329 IAC 9-11 to include IDEM’s civil penalty policies and structure in Title 329. 329 IAC 1-2 comprises IDEM’s general civil penalty policy as it applies to violations of solid waste management laws and rules. 329 IAC 9-11 comprises IDEM’s civil penalty policy as it applies to laws and rules related to the ownership and operation of USTs. |
Seth Engdahl Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 234-9535 Fax: (317) 233-5970 E-mail: SEngdahl@idem.in.gov |
First Notice of Public Comment Period DIN: 20240207-IR-329240048FNA Comment Period 02/07/2024-03/15/2024 Second Notice of Public Comment Period DIN: 20240619-IR-329240048SNA Comment Period 06/20/2024-07/19/2024 |
Public Hearing: Preliminary Adoption 04/10/2024 DIN: 20240207-IR-329240048PHA Public Hearing: Final Adoption 08/14/2024 DIN: 20240619-IR-329240048PHA |
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Kaiser Aluminum #24-213 This rulemaking updates 329 IAC 3.1-6-8 to change the wastewater treatment operations facility at the Alcoa Corporation Warrick Operations in Newburgh, Indiana, to Kaiser Aluminum Warrick LLC. Kaiser is also upgrading its wastewater treatment equipment and will be installing an additional filter press for requirements for the facility to reflect this new point of generation. |
Keelyn Walsh Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 232-8229 Fax: (317) 233-5970 E-mail: kwalsh@idem.in.gov |
First Notice of Public Comment Period DIN: 20240703-IR-329240213FNA Comment Period 07/03/2024-08/02/2024 Regulatory Analysis DIN: 20240703-IR-329240213RAA Second Notice of Public Comment Period DIN: 20241002-IR-329240213SNA Comment Period 10/2/2024 – 11/01/2024 |
Public Hearing: Preliminary Adoption 08/14/2024 DIN: 20240703-IR-329240213PHA Public Hearing: Final Adoption 12/11/2024 DIN: 20241002-IR-329240213PHA |
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Waste Tire Financial Assurance Updates #24-322 This rulemaking primarily proposes updates to the waste tire financial assurance requirements at 329 IAC 1505 that will add a corporate financial test option for waste tire storage sites. The addition of this financial assurance is required by state statute at 13-20-13-11(b)(3). Other changes include updating the definition of “used tire” to also comply with a statutory change, and conforming changes related to the addition of the corporate financial test. |
Daniel Watts Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 234-5345 Fax: (317) 233-5970 E-mail: Dwatts1@idem.in.gov | First Notice of Public Comment Period Regulatory Analysis | Public Hearing: Preliminary Adoption 12/11/2024 DIN: 20240911-IR-329240322PHA |
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Solid Waste Legitimate Use #24-XXX |
Daniel Watts Rules Development Branch Office of Legal Counsel Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 Phone: (317) 234-5345 Fax: (317) 233-5970 E-mail: Dwatts1@idem.in.gov | ||
* Copies of rules, comments, and the agency's written response to those comments are open for public inspection at the Office of Legal Counsel, Indiana Department of Environmental Management, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor East, Indianapolis, Indiana.
** After a rule is final adopted, IDEM must provide the complete administrative record to the Attorney General’s office in the form of a “promulgation packet.” The Attorney General’s office then has forty-five (45) days to review the rule for form and legality before submitting it to the Governor for signature. The Governor has fifteen (15) days to sign or reject the rule and may request an additional fifteen (15) days if necessary. After signature, the rule is submitted to the Legislative Services Agency for publication in the Indiana Register. Unless specifically stated in the rule, the rule becomes effective thirty (30) days after filing with Legislative Services.
*** These dates are anticipated dates for the action listed. These dates may change during the rulemaking process and will be updated if any changes occur.