Section 329 IAC 3.1-13-2 - Exceptions and additions; permit programAuthority: IC 13-14-8; IC 13-22-2-4
Affected: IC 4-21.5; IC 13-15; IC 13-22-2; IC 13-22-3; IC 13-30; 40 CFR 270
Sec. 2.
Exceptions and additions to federal procedures for the state administered permit program are as follows:
(1) Delete 40 CFR 270.1(a) dealing with scope of the permit program and substitute the following: This rule establishes provisions for the state hazardous waste program pursuant to IC 13-15 and IC 13-22-3.(2) In addition to the procedures of 40 CFR 270 as incorporated in this rule, sections 3 through 17 of this rule set forth additional state procedures for denying, issuing, modifying, revoking and reissuing, and terminating all final state permits other than "emergency permits" and "permits by rule".(3) Delete 40 CFR 270.1(b).(5) Delete 40 CFR 270.10 dealing with general permit application requirements and substitute section 3 of this rule.(6) Delete 40 CFR 270.12 dealing with confidentiality of information and substitute section 4 of this rule.(7) Delete 40 CFR 270.14(b)(18).(8) Delete 40 CFR 270.14(b)(20).(9) In 40 CFR 270.32(a), delete references to "alternate schedules of compliance" and "considerations under federal law". These references in the federal permit requirements are only applicable to federally issued permits.(10) In 40 CFR 270.32(b)(2), delete "under section 3005 of this act" and substitute "this article".(11) Delete 40 CFR 270.32(c) dealing with the establishment of permit conditions and substitute the following: If new requirements become effective, including any interim final regulations, during the permitting process which are:(A) prior to modification, or revocation and reissuance, of a permit to the extent allowed in this rule; and(B) of sufficient magnitude to make additional proceeding desirable, the commissioner shall, at the commissioner's discretion, reopen the comment period.(12) Delete 40 CFR 270.50 dealing with duration of permits and substitute section 15 of this rule.(13) Delete 40 CFR 270.51 dealing with continuation of expiring permits and substitute section 16 of this rule.(14) Delete 40 CFR 270.64.(15) In addition to the criteria described in 40 CFR 270.73, interim status may also be terminated pursuant to a judicial decree under IC 13-30 or final administrative order under IC 4-21.5.Solid Waste Management Board; 329 IAC 3.1-13-2; filed Jan 24, 1992, 2:00 p.m.: 15 IR 940; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3358; filed Aug 7, 1996, 5:00 p.m.: 19 IR 3367; errata filed Aug 7, 1996, 5:01 p.m.: 19 IR 3471; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2436; filed Apr 13, 2005, 11:30 a.m.: 28 IR 2665