Section 329 IAC 3.1-12-2 - Exceptions and additions; land disposal restrictionsAuthority: 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.(2) For the reason described in subdivision (1), delete the following: (3) Any person requesting an exemption described in subdivision (1) must comply with 329 IAC 3.1-5-6.(4) Delete 40 CFR 268.1(e)(3) and substitute the following: Hazardous wastes which are not identified or listed in 40 CFR 268, Subpart C or Subpart D, as incorporated in this rule.(5) Delete 40 CFR 268.2(e) and substitute the following: Polychlorinated biphenyls or PCBs have the meaning set forth in IC 13-11-2-155.(6) Delete 40 CFR 268.9(d) and substitute the following: Wastes that exhibit a characteristic are also subject to the requirements of 40 CFR 268.7, except that once the waste is no longer hazardous, a one (1) time notification and certification must be placed in the generator's or treater's files and sent to the commissioner. The notification must include the following information: (A) The name and address of the solid waste facility receiving the waste shipment.(B) A description of the waste as initially generated, including the applicable U.S EPA hazardous waste number.(C) The treatment standards applicable to the waste at the initial point of generation.(D) The certification must be signed by an authorized representative and must state the language found in 40 CFR 268.7(b)(4). The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes or if the facility receiving the waste changes.
(7) Delete 40 CFR 268, Subpart B.(8) In 40 CFR 268, Subpart C, all references to effective dates which precede the effective date of this rule shall be replaced with the effective date of this rule.(9) Delete 40 CFR 268.33.(10) In 40 CFR 268.40, remove the entry for waste code U202 from the table "Treatment Standards for Hazardous Wastes".(11) In 40 CFR 268, Appendix VII, remove the entry for waste code U202 from Table 1, "Effective Dates of Surface Disposed Wastes (Non-Soil and Debris) Regulated in the LDRs - Comprehensive List".Solid Waste Management Board; 329 IAC 3.1-12-2; filed Jan 24, 1992, 2:00 p.m.: 15 IR 939; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3358; filed Aug 7, 1996, 5:00 p.m.: 19 IR 3366; filed Mar 6, 2000, 8:02 a.m.: 23 IR 1639; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2435; errata filed May 8, 2003, 9:40 a.m.: 26 IR 3046; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2665; filed May 29, 2012, 3:20 p.m.: 20120627-IR-329110090FRAErrata filed 5/13/2021, 3:03 p.m.: 20210609-IR-329210194ACA