Section 329 IAC 3.1-10-2 - Exceptions and additions; interim status standardsAuthority: IC 13-14-8; IC 13-22-2-4
Affected: IC 4-21.5; IC 13-14-10; IC 13-22-2; IC 13-22-4-3.1; IC 13-30-3
Sec. 2.
The following are exceptions, additions, and substitutions to federal interim status standards:
(1) In 40 CFR 265.1(a) concerning scope of the permit, delete "national" and insert "state".(2) In 40 CFR 265.1(b), delete "section 3005 of RCRA" and insert " 329 IAC 3.1-13 " in each place where it occurs.(3) Delete 40 CFR 265.1(c)(4).(4) In 40 CFR 265.4 concerning imminent hazard action, delete "7003 of RCRA" and insert "IC 13-30-3 and IC 13-14-10".(5) Reports to the state required at 40 CFR 265.56(d) must be communicated immediately to the Indiana Department of Environmental Management, Office of Land Quality, Emergency Response Section, at (317) 233-7745 for out-of-state calls, or (888) 233-7745 for in-state calls (toll-free in Indiana). In addition to the requirements of this rule, all requirements for spill reporting under 327 IAC 2-6.1 must be met.(6) The written spill report required by 40 CFR 265.56(i) must also include information deemed necessary by the commissioner or the commissioner's authorized agent to carry out the purpose and intent of 327 IAC 2-6.1.(7) In 40 CFR 265.75 concerning the biennial report, delete "EPA Form 8700-13 A/B" and insert "form provided by the commissioner".(8) In 40 CFR 265.77 regarding additional reports, insert, after the first sentence in (c), "Ground water data for laboratory analytical results and field parameters must be submitted as follows:(A) One (1) paper copy on the most current form prescribed by the department.(B) In addition to the paper copy required in clause (A), an electronic report in a format prescribed by the department.".(9) In 40 CFR 265.77 regarding additional reports, insert, after the first sentence in (d), "The commissioner may request other information as required by Subparts AA through CC of this part be submitted in an electronic format as prescribed by the commissioner.".(10) In addition to the requirements in 40 CFR 265, Subpart E, the reports required by IC 13-22-4-3.1 must be kept on file for at least three (3) years after submission to the department.(11) In 40 CFR 265.90 concerning ground water monitoring requirements, delete the following phrases: (A) "Within one year after the effective date of these regulations" at 40 CFR 265.90(a) and 40 CFR 265.90(d)(1).(B) "Not later than one year after the effective date of these regulations" at 40 CFR 265.90(d)(2).(12) Delete 40 CFR 265.112(d)(3)(ii) and substitute with "Issuance of a judicial decree or final order under section 3008 of RCRA, judiciary decree under IC 13-30-3, or final administrative order under IC 4-21.5 to cease receiving hazardous waste or close".(13) Delete 40 CFR 265.118(e)(2) and substitute the language in subdivision (12).(14) Delete 40 CFR 265, Subpart H concerning financial requirements and substitute 329 IAC 3.1-14.(15) In 40 CFR 265.191(a), the January 12, 1988, deadline date for integrity assessments only applies to existing interim status or permitted tank systems that are underground and cannot be entered for inspection. Integrity assessments must be completed on all remaining tank systems by December 20, 1989.(16) In 40 CFR 265.191(c), delete "July 14, 1986" and insert "June 20, 1988".(17) In 40 CFR 265.193(a), delete all references to deadline dates for secondary containment for existing systems and substitute the dates specified in 329 IAC 3.1-9-3(c)(1) through 329 IAC 3.1-9-3(c)(8).(18) In 40 CFR 265.301(d)(2)(i)(C), delete "RCRA Section 3005(c)" and insert " 329 IAC 3.1-13 ". (19) In 40 CFR 265.316(b), delete "(49 CFR Parts 178 and 179)" and substitute "(49 CFR Part 178)".(20) In 40 CFR 265.316(f), delete "fiber drums" and substitute "nonmetal containers".(21) Delete 40 CFR 265.430(b) and substitute with "The requirements of this subpart apply to owners and operators of wells used to dispose of hazardous waste which are classified as Class I and Class IV in section 3 of this rule.".Solid Waste Management Board; 329 IAC 3.1-10-2; filed Jan 24, 1992, 2:00 p.m.: 15 IR 937; errata filed Nov 8, 1995, 4:00 p.m.: 19 IR 353; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3357; filed Aug 7, 1996, 5:00 p.m.: 19 IR 3365; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1113; filed Mar 19, 1998, 10:05 a.m.: 21 IR 2742; errata filed Apr 8, 1998, 2:50 p.m.: 21 IR 2989; errata filed Aug 10, 2000, 1:26 p.m.: 23 IR 3091; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; filed Jan 22, 2001, 9:46 a.m.: 24 IR 1617; errata filed Mar 19, 2001, 10:31 a.m.: 24 IR 2470; filed Apr 5, 2001, 1:29 p.m.: 24 IR 2434; filed Jun 3, 2002, 10:40 a.m.: 25 IR 3113; filed Jan 14, 2004, 3:20 p.m.: 27 IR 1876Filed 11/26/2019, 11:36 a.m.: 20191225-IR-329180481FRA