in-20251105-IR-329210458APA: Amends 329 IAC 10-3-1, 329 IAC 10-3-4, and 329 IAC 10-9-1, and adds a new article at 329 IAC 14 concerning the establishment of a state permitting program for coal combustion residuals (CCR).  Pursuant to IC 13-19-3-3(d) and (g), this rule is effective upon the effective date of final approval of the Indiana state permit program by the United States Environmental Protection Agency under 42 U.S.C. § 6945(d)(1).

TITLE 329 SOLID WASTE MANAGEMENT DIVISION Notice of Additional Public Comment Period LSA Document #21-458 DIGEST Amends 329 IAC 10-3-1, 329 IAC 10-3-4, and 329 IAC 10-9-1, and adds a new article at 329 IAC 14 concerning the establishment of a state permitting program for coal combustion residuals (CCR).  Pursuant to IC 13-19-3-3(d) and (g), this rule is effective upon the effective date of final approval of the Indiana state permit program by the United States Environmental Protection Agency under 42 U.S.C. § 6945(d)(1). HISTORY First Notice of Comment Period: October 13, 2021, Indiana Register (DIN: 20211013-IR-329210458FNA). Second Notice of Comment Period: December 21, 2022, Indiana Register (DIN: 20221221-IR-329210458SNA). Continuation of Second Notice of Comment Period: January 18, 2023, Indiana Register (DIN: 20230118-IR-329210458SCA). Second Continuation of Second Notice of Comment Period: July 31, 2024, Indiana Register (DIN: 20240731-IR-329210458SCA). Date of First Hearing: December 11, 2024. ADDITIONAL DOCUMENTS Notice of Public Hearing: December 21, 2022, Indiana Register (DIN: 20221221-IR-329210458PHA). Change in Notice of Public Hearing: February 1, 2023, Indiana Register (DIN: 20230201-IR-329210458CHA). Notice of Public Hearing: July 31, 2024, Indiana Register (DIN: 20240731-IR-329210458PHA). Summary/Response to Comments: July 31, 2024, Indiana Register (DIN: 20240731-IR-329210458ONA). Regulatory Analysis: 20251105-IR-329210458RAA PUBLIC COMMENTS UNDER IC 13-14-9-4.5 IC 13-14-9-4.5 (2022) states that a board may not adopt a rule under IC 13-14-9 that is substantively different from the draft rule published under IC 13-14-9-4, until the board has conducted a third comment period that is at least 21 days long. REQUEST FOR PUBLIC COMMENTS This proposed (preliminarily adopted) rule is substantively different from the draft rule published on July 31, 2024, at DIN: 20240731-IR-329210458SCA. The Indiana Department of Environmental Management (IDEM) is requesting comment on the entire proposed (preliminarily adopted) rule. The proposed (preliminarily adopted) rule contains numerous changes from the draft rule that make the proposed rule so substantively different from the draft rule that public comment on the entire proposed rule is advisable.  This notice requests the submission of comments on the entire proposed rule, including suggestions for specific amendments. Additionally, in response to comments made on the proposed rule during the preliminary adoption hearing, IDEM proposes to revise this proposed rule and request final adoption of the revised rule.  In the interest of transparency, IDEM has made this revised draft available to the public on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comments related to this revised draft may be submitted along with any comments related to the proposed (preliminarily adopted) rule. These comments and the department’s responses thereto will be presented to the board for its consideration at final adoption under IC 13-14-9-6.  Comments may be submitted in one of the following ways: Contact Karla Kindrick at kkindric@idem.in.gov or (317) 232-8922 if another method of submitting comments within the comment period is desired.  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 All comments must be postmarked or time stamped not later than November 26, 2025.  Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. Additional information regarding this action may be obtained from Keelyn Walsh, Rules Development Branch, Office of Legal Counsel, at kwalsh@idem.in.gov, (317) 232-8229 or (800) 451-6027 (in Indiana). SUMMARY/RESPONSE TO COMMENTS FROM THE SECOND CONTINUATION OF SECOND NOTICE OF COMMENT PERIOD IDEM requested public comment from July 31, 2024, through August 30, 2024, on IDEM's draft rule language.  IDEM received comments from the following parties: Following is a summary of the comments received and IDEM's responses thereto: SUMMARY/RESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING On December 11, 2025, the Environmental Rules Board (board) conducted the first public hearing/board meeting concerning the development of amendments to 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). Comments were made by the following parties: Following is a summary of the comments received and IDEM's responses thereto: Comment: At 329 IAC 14-2-1 of the draft rule, it states that one permit application may be submitted for multiple CCR units at the same facility. One power plant location can have very different CCR units that have different disposal challenges, so putting them under the same permit raises concerns for me. (AWJTNI, GT, HEC) Response: Allowing multiple CCR units located at the same facility to be addressed under a single application and permit promotes efficient and economical use of applicant and agency resources. Further, allowing the use of a single permit for multiple solid waste management units at a single facility is common practice and does not prevent the agency or interested parties from treating the units separately for monitoring or compliance purposes. As necessary, the permit terms will be tailored for each CCR unit at the facility. Comment: The rule should maintain erosion and sediment control requirements. (HEC) Comment: We ask that the Board strike 329 IAC 14-3-5(f)(8)(B) from the rule language, which imposes erosion and sediment control requirements beyond what is required by the federal CCR rule. (HEREC, IKEC) Response: Indiana Code prevents IDEM from adopting technical standards inconsistent with the federal CCR rule. See IC 13-19-3-3(c). Accordingly, IDEM intends to remove the erosion and sediment control requirements proposed in the draft language at 329 IAC 14-3-5(f)(8)(B). Please see the revised draft on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comment: At 329 IAC 14-3-2(c) in the draft rule, it references 329 IAC 10-17-10, which has standards for the geosynthetic component of the liner but no standards for the one foot of clay requirement. It also references 40 CFR 257.70(c), and this federal provision stipulates in detail which alternative composite liners suffice, including requirements for their hydraulic conductivity. My concern is that this provision doesn’t stipulate hydraulic conductivity. (HEC) Response: IDEM intends to revise the draft language at 329 IAC 14-3-2(c) to clarify its intent regarding the technical specifications of this compliance alternative. Please see the revised draft on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comment: The rule must maintain requirements for financial assurance. (HEC) Comment: We ask that the Board strike 329 IAC 14-4-1 from the rule language, which would impose financial assurance on CCR units and be more stringent than the federal CCR rule. (HEREC, IKEC) Response: Indiana Code 13-19-3-3 requires IDEM to adopt rules concerning CCR that are consistent with and no more stringent than the federal CCR rule at 40 CFR 257, Subpart D. The statute also requires IDEM to “Establish a state permit program under Section 2301 of the federal Water Infrastructure Improvements for the Nation Act (42 U.S.C. 6945(d)) for the implementation in Indiana of the federal CCR rule.” IC 13-19-3-3(d). The federal CCR rule does not establish a permit program with which IDEM’s proposed permit program rules may conflict. Pursuant to the mandate in IC 13-19-3-3(d), IDEM is proposing financial assurance requirements for CCR units that are identical to the financial assurance requirements that currently apply to comparable solid waste management facilities under 329 IAC 10. See 329 IAC 10-39-1 et seq. Such requirements do not run afoul of IC 13-19-3-3. While a portion of that section prohibits exceeding the federal CCR rule’s standards, another requires the creation of a CCR permit program despite the absence of such a program in the federal rule. To harmonize those provisions, IDEM interprets the statute to mean its proposed CCR rule may not exceed the federal CCR rule’s technical standards under subsection (c); however, under subsection (d), the proposed rule must contain the administrative elements of a solid waste management permit program, even though such elements do not exist in the federal CCR rule. In arguing that financial assurance requirements exceed the federal CCR rule and are therefore prohibited by IC 13-19-3-3(c), the commenters opposing financial assurance fail to recognize the distinction between technical and permitting requirements, which is necessary to harmonize IC 13-19-3-3(c) with IC 13-19-3-3(d). As noted above, subsection (d) explicitly requires the creation of a state CCR permit program. Following these commenters’ logic, IDEM could not adopt any permitting requirements whatsoever because those requirements would be considered beyond the minimum federal requirements. Financial assurance, which has no bearing on the technical design or operation of a CCR unit, is properly considered a permit requirement. U.S. EPA agrees. See 83 FR 30360 (Jun. 28, 2018) (Regarding financial assurance and other state-specific requirements in Oklahoma’s approved program, “EPA considers these revisions to be administrative ones, that they do not substantively modify the Federal technical criteria.”). Furthermore, all states with approved CCR permit programs require financial assurance. See 85 FR 1271 (Jan. 10, 2020) (Georgia: Approval of State CCR Permit Program); 83 FR 30360 (Jun. 28, 2018) (Oklahoma: Approval of State CCR Permit Program); 86 FR 33898 (Jun. 28, 2021) (Texas: Approval of State CCR Permit Program). Comment: Many coal ash ponds in Indiana are deep enough to have ash below the water table for some or all of the year. If ash disposal continues to be allowed at these depths, the draft rule should include requirements for liners under the ash that will resist uplift from the water below the ash (AWJTNI, HEC). Comment: Coal ash disposal at depths below the water table should be prohibited. (AWJTNI) Response: The technical standards of Indiana’s CCR program must be consistent with those at 40 CFR 257, Subpart D. See IC 13-19-3-3(c). Therefore, Indiana’s liner requirements must mirror the federal ones. Similarly, because the federal rule does not include an explicit prohibition against disposal below the water table, neither can Indiana’s CCR rule. However, the federal rule, as incorporated into Indiana law, requires CCR unit owners and operators to protect against groundwater infiltration as part of the unit closure process and to undertake corrective action in the event of a release. Comment: In the draft rule at 329 IAC 14-3-5(c)(3), the rule adds to a federal provision at 257.102(f). Section 257.102 is about closure of CCR units, and it refers both to closure by removal and closure in place. The provision in the draft rule to add a clean closure certification report sounds like it would apply just to removal or closure by removal, but in the federal rule, this section is about closure activities for both closure by removal and closure in place. Therefore, the inclusion of this clean closure certification report might not make sense for a unit that is closing in place. (HEC) Response: IDEM agrees that the rule language pertaining to clean closure at 329 IAC 14-3-5(c)(3) was unclear, and it intends to amend the language to better reflect the agency’s intent. Please see the revised draft on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comment: The definitions section at 329 IAC 14-1-4(a)(3) includes a citation for the federal rule at 40 CFR 257.02. I have not been able to find 257.02, and I wonder if it was a typo that was supposed to be 257.2 instead of 257.02. (HEC) Response: IDEM appreciates the commenter’s notification of this incorrect citation. This is indeed a typographical error in the proposed rule language and will be corrected to 40 CFR 257.2. Comment: Coal ash is a radioactive material and is adjacent to the prison in Michigan City and the stack emissions are getting into the prison and affecting the prisoners. Coal ash should not be recycled into building blocks. Masks should be required if coal ash is used as an abrasive agent. Roads have been created in Pines through marsh with the ash and it’s spread all over the place. (LJ) Response: IDEM’s proposed rule for a CCR permitting program will be at least as protective as, but no more stringent than, the federal regulations at 40 CFR 257, Subpart D. Comment: We would like to request IDEM’s full support to get around a loophole in the requirements of these rules that allows the owner/operator to release contaminated production well water through a NPDES permitted outfall, which discharges into the White River. More frequent and careful monitoring is requested for these contaminants and discharges through the NPDES permit. (MCSWCD) Response: IDEM’s proposed rule for a CCR permitting program will be at least as protective as, but no more stringent than, the federal regulations at 40 CFR 257, Subpart D. The regulation of NPDES permits related to CCR management is beyond the scope of this rulemaking action. Comment: Indiana’s good character law applies to coal ash. (HEC) Comment: We would like to propose a new subdivision at 329 IAC 14-2-1 that states that the good character requirements in 329 IAC 10 do not apply to CCR units. (HEREC, IKEC) Response: Indiana Code 13-19-4-2 requires the submission of a disclosure statement and other “good character” information “[b]efore an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility may be granted.” CCR units are solid waste disposal facilities and, therefore, subject to the good character requirements in Title 13 of the Indiana Code and 329 IAC 10. The utility commenters point to an administrative appeal related, in part, to the application of good character requirements to the denial of a waste tire processing application. The administrative law judge in that case did not apply the good character requirements at IC 13-19-4 because waste tire registration applicants are expressly exempt from obtaining a solid waste processing permit. IC 13-20-13-12. Because waste tire facility owners and operators only need a certificate of registration under IC 13-20-13, and not a solid waste permit, they are not subject to the good character requirements. The decision has no bearing on whether prospective CCR unit permittees are subject to the good character requirements, and nothing in IC 13-19-4 or any other provision of Title 13 exempts CCR unit permit applicants from these requirements. Furthermore, similar, if not more onerous, disclosure statements are required by all states with CCR permit programs approved by U.S. EPA. See Ga. Comp. R. & Regs. r. 391-3-4-.02(7); Okla. Admin. Code § 252:517-3-3(g); Tex. Health & Safety Code § 361.084. Comment: IDEM should clarify its interpretation of the term “usable quantities” to address the term’s ambiguity in the federal definition of “uppermost aquifer.” The commenter notes IDEM has recognized that “usable quantities” will vary based on site-specific circumstances. The commenter seeks IDEM’s interpretation of the phrase “capable of yielding usable quantities” and seeks acknowledgment that some facilities’ groundwater monitoring systems may change under the new state CCR permit program. (HEREC) Response: As stated by IDEM and the U.S. EPA, the phrase “capable of yielding usable quantities” is site-specific; accordingly, it is not appropriate for IDEM to offer a specific interpretation of a term that depends on the unique circumstances of a site. Furthermore, the commenter’s requested clarification would be inconsistent with the federal CCR rule’s technical requirements, in violation of IC 13-19-3-3(c). Any changes to a facility’s groundwater monitoring system in response to this rulemaking must comply with the standards at 40 CFR 257, Subpart D, as incorporated by reference at 329 IAC 14-1-2. Comment: At 329 IAC 14-2-1(a), IDEM should clarify that CCR units are not required to obtain a permit if their closure or post-closure certification has been deemed adequate through the expiration of the review periods in the rule. (HEREC) Response: IDEM will propose clarifying language in the proposed rule at 329 IAC 14-2-1(a) that allows for the approval of closure and post-closure certifications if the time for the commissioner to respond has expired, as established at 329 IAC 14-3-5(f). Please see the revised draft on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comment: There should not be automatic approval for closure and post-closure certification for coal ash units. (HEC) Response: IDEM will propose clarifying language in the proposed rule at 329 IAC 14-2-1(a) that allows for the approval of closure and post-closure certifications if the time for the commissioner to respond has expired, as established at 329 IAC 14-3-5(f). Please see the revised draft on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comment: IDEM should clarify whether they intend to issue permits for CCR Management Units. (HEREC) Response: As noted by the commenter, 329 IAC 14-2-1(a) would state, “The owner, operator, or permittee of a CCR unit that has not received a closure certification approval from the commissioner and, if applicable, post-closure certification approval, is required to obtain a permit under this article.” The term “CCR unit” includes “CCR management unit”. 40 CFR 257.53, definition of “CCR unit.” CCR management units, therefore, require permits under the language proposed at 329 IAC 14-2-1(a). Because the term “CCR unit” expressly includes “CCR management unit[s],” IDEM is declining to clarify further in the proposed rule that CCR management units require permits. Comment: In several places, the draft rule would add IDEM authority, and in some places give IDEM the authority, to override the qualified professional engineer (QPE) approval of plans, demonstrations, and reports. We believe that a dispute resolution process is the correct solution in cases where IDEM has an issue with something a QPE has certified, but if IDEM cannot make that happen, IDEM should not have the authority to override a QPE's certification unless IDEM is willing to also bring the issue up with the Professional Licensing Agency. (IKEC) Comment: It is appropriate and necessary for IDEM to have the authority to overrule a private sector engineer. (HEC). Response: IDEM does not plan to amend the draft rule language in response to these comments because unlike the self-implementing federal CCR rule, which relies on QPE approvals in lieu of permit-based approvals by a governmental regulatory body, Indiana’s CCR rule is required by IC 13-19-3-3 to establish a CCR permit program. A CCR program that does not include independent State oversight and approval of CCR unit operation and closure would fail to satisfy IC 13-19-3-3(d) and could jeopardize U.S. EPA’s ability to approve Indiana’s program to operate in lieu of federal law. Other state CCR permit programs that have been approved, or proposed for approval, by U.S. EPA include independent state-agency oversight and approval of CCR unit operation and closure. Furthermore, as IDEM has stated in response to similar comments on this rulemaking action, IDEM is not revising the draft rule in response to these comments because 1) IDEM’s current review process sufficiently involves and creates dialogue between permittees and the agency; and 2) the formal dispute resolution process regarding administrative determinations is governed by IC 4-21.5-3. Though it reserves the right to do so, IDEM does not believe most, if any, disagreements between its technical staff and a QPE would require the agency to challenge the QPE’s licensure. Comment: 329 IAC 10-3-1(9) is meant to apply to non-CCR surface impoundments. However, it’s not clear what a non-CCR surface impoundment even is. If IDEM is going to apply requirements to these facilities, IDEM should define what they are. The draft rule exceeds the stated purpose of the first notice. Nothing in the first notice indicated that this rulemaking was intended to add to or change the requirements for non-CCR surface impoundments, whatever those units are. 329 IAC 10-3-1(9), which would become subdivision 10, would require that final disposal of solid waste in non-CCR surface impoundments at the end of their operation would be subject to IDEM approval based on management practices that are protective of human health and the environment. This is not an ascertainable standard. A non-CCR surface impoundment does not have rules dedicated to their closure in Article 10 or Article 14. Instead, IDEM could pick from Articles 10 and 14 and apply whichever rules that they deem are protective of human health and the environment. As a result, non-CCR surface impoundments do not have fair warning of the rules that IDEM will consider in deciding upon their final disposal of waste.  (IKEC) Response: IDEM does not plan to change proposed rule language in response to these comments. IDEM agrees this rulemaking is not intended to add or change the requirements for non-CCR surface impoundments. The phrase “non-CCR surface impoundments” refers to surface impoundments that do not meet the definition of “CCR surface impoundment.” These non-CCR surface impoundments have been and will remain subject to the closure standard currently articulated at 329 IAC 10-3-1(9). Accordingly, IDEM has not proposed to amend this standard in any way, except to clarify CCR surface impoundments are not subject to 329 IAC 10, except as specified in 329 IAC 14. Revising the standard at 329 IAC 10-3-1(9), as the commenter requests by implication despite also arguing such amendments would exceed the stated purpose of the first notice, is beyond the scope of this rulemaking. Comment: The definition of “insignificant facility modification,” at 329 IAC 14-1-4(b)(1), includes several items that would not be inapplicable to CCR units. Specifically, IDEM should delete (H), (J), (K), and (M) because these requirements would not be applicable to CCR units. 329 IAC 14-1-4(c) also should be deleted because none of the items listed would be applicable to a CCR unit. (IKEC) Response: IDEM will propose to delete the specified provisions from subdivision 4(b)(1) in response to these comments. IDEM, however, is maintaining the language from subsection 4(c), which has been reorganized into a subsection 4(b)(3), because these items could apply to a CCR unit, and IDEM considers them to be minor facility modifications. Please see the revised draft on IDEM’s Title 329 – Solid Waste Management Division rulemaking docket at https://www.in.gov/idem/legal/rulemaking/title-329-solid-waste-management-division/. Comment: I urge IDEM, EPA, federal and state and local legislators to demand that the coke plant and the abandoned NIPSCO Dean Mitchell coal ash site, also on Lake Michigan, be cleaned up immediately. (STJTNI) Response: The purpose of this rulemaking is to establish a state permitting program for CCR. The extent to which this permitting program applies to a particular site is a case-by-case determination. Comment: We should not pass any law that is less stringent than EPA rules. (PB) Response: IDEM’s proposed rule for a CCR permitting program will be at least as protective as, but no more stringent than, the federal regulations at 40 CFR 257, Subpart D. Comment: We need to know who should be responsible for the clean closure of the State Line Generating Plant property. (TS) Response: The purpose of this rulemaking is to establish a state permitting program for CCR. The extent to which this permitting program applies to a particular site is a case-by-case determination. Comment: We very much appreciate the waste management aspects of this draft in terms of requiring the industry to meet state guidelines for permitting, planning, and taking financial responsibility for the cleanups and making sure the public health is never threatened. (LWVI) Response: IDEM thanks the commenter for its support and strives to create a permitting program that complies with state and federal law. Comment: Please make the strongest Indiana coal ash rule possible. I want to make sure that IDEM is held accountable to fully and steadfastly enforce it without delay, and lastly, to make it more specific to the rule. (AWJTNI) Response: As required by state and federal law, IDEM’s proposed rule for a CCR permitting program will be at least as protective as, but no more stringent than, the federal regulations at 40 CFR 257, Subpart D. Comment: I just want you to take the impact of this coal ash very seriously, because it's something that's going to affect me for the rest of my life and affect everybody else who can't afford to leave northwest Indiana for the rest of our lives. Our water table is already very, very polluted. Please protect us. (GT) Response: IDEM appreciates the commenter’s concerns and strives to create the most protective CCR program permitted by law. Small Business Assistance Information For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. IDEM established a compliance and technical assistance program (CTAP) under IC 13-28-3.  The program provides assistance to small businesses and information regarding compliance with environmental regulations.  In accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations.  Information on CTAP and other resources available can be found at: www.in.gov/idem/ctap. The Small Business Assistance Program Ombudsman is: PROPOSED RULE Sec. 1. The following solid waste management activities are not subject to the provisions of this article: Sec. 4. (a) Except as provided in this section, the disposal of the following is not subject to this article: (b) Restricted waste site Type IV waste must not be disposed of in violation of the prohibitions specified under the following: (c) The disposal of all restricted waste site Type IV waste must meet the disposal control requirements specified under the following: (d) Restricted waste site Type IV waste must not be disposed into standing water where the standing water reflects the water table. Sec. 1. (a) This article applies to CCR unit owners and operators and CCR units as described in 40 CFR 257.50(b) through (i)*. Sec. 2. (a) Unless otherwise indicated, any reference to a provision of the Code of Federal Regulations (CFR) in this article means the July 1, 2024, edition, as amended by 89 FR 39099 through 89 FR 39122, May 8, 2024. (b) The owner or operator of a CCR unit shall comply with: (c) For purposes of this article, any reference in 329 IAC 10 to municipal solid waste landfills (MSWLF) or other facilities regulated under 329 IAC 10 means a CCR unit. (d) When used in 40 CFR, as incorporated by this article, the term “subpart” means this “article” or “329 IAC 14”.  Sec. 3. Approvals issued by the department before the effective date of this article for CCR units (including landfills formerly known as restricted waste sites) remain valid and effective pending transition to permits under this article. Sec. 4. (a) Except as identified in subsections (b) and (c), the definitions in the following statutes and rules apply to this article: The definitions at IC 13-11-2 and 329 IAC 10-2 only apply to the interpretation of Indiana statutes or regulations. To the extent a definition in 40 CFR 257 is different from a definition in IC 13-11-2 or 329 IAC 10-2, the definition in 40 CFR 257 controls. (b) In addition to the definitions referred to in subsection (a), the following definitions apply throughout this article: (c) A minor modification includes the following: Sec. 5. The owner, operator, or permittee of a CCR unit shall submit the applicable fees under the requirements of IC 13-19-3-3. Sec. 1. (a) The owner, operator, or permittee of a CCR unit that has not received a closure certification approval from the commissioner and, if applicable, post-closure certification, is required to obtain a permit under this article. One permit application may be submitted for multiple CCR units located at the same facility. (b) Except as described in subsections (c), (d) and (e), permit applications for CCR units are subject to 329 IAC 10-11 through 329 IAC 10-13.  (c) Except as provided in 40 CFR 257.100(f)(5)(i) and (ii)*, 40 CFR 257.102(b)(2)(iii), and 40 CFR 257.104(d)(2)(iii)* the owner, operator, or permittee of a CCR unit that is under construction or otherwise in existence on the effective date of this article shall submit a permit application to the commissioner within one hundred eighty (180) days of the effective date of this article. (d) The following requirements do not apply to the permitting of CCR units: (e) In addition to the requirements of subsection (a), the owner or operator of the CCR unit shall provide the following items with the permit application. Each item must be certified by a qualified professional engineer: (f) For purposes of this section, "CCR unit" also applies to overfills, retrofits, and lateral expansions. Sec. 2. (a) Non-CCR waste may not be placed in a CCR unit until the permittee receives approval from the department through the following: (b) The permit application or modification must include a waste classification under 329 IAC 10-9-4. (c) Non-CCR waste approved for disposal in the CCR unit must maintain a waste classification under 329 IAC 10-9-4. Sec. 3. The commissioner shall approve or deny an application filed with department within the following number of days:  Sec. 1. The owner or operator of a CCR unit shall comply with the location restrictions in 40 CFR 257.60 through 40 CFR 257.64*. Each required demonstration must be certified by a qualified professional engineer and submitted to the commissioner for approval. Sec. 2. (a) Beginning on the effective date of this article, the owner or operator of a new CCR unit or lateral expansion applying for a permit shall comply with the applicable design criteria requirements in 40 CFR 257.70 through 40 CFR 257.75*. (b) The following are additions to 40 CFR 257.70 through 40 CFR 257.75*: (c) One (1) foot of clay and a geosynthetic clay liner that complies with 329 IAC 10-17-10 is an acceptable alternative under 40 CFR 257.70(c)*. Sec. 3. (a) Except as provided in this section, the owner or operator of a CCR unit shall follow the operating criteria requirements in 40 CFR 257.80 through 40 CFR 257.84*. (b) The following additions and revisions apply to 40 CFR 257.80 through 40 CFR 257.84*: Sec. 4. (a) The owner or operator of a CCR unit shall comply with the groundwater monitoring and corrective action requirements in 40 CFR 257.90 through 40 CFR 257.98*. (b) The following are additions and revisions to 40 CFR 257.90 through 40 CFR 257.98*: (c) In addition to the constituents identified in 40 CFR 257, Appendix III* and Appendix IV*, the commissioner may require monitoring of additional constituents based on the constituents in any non-CCR waste permitted to be accepted at the facility, and the additional constituents will be added to the permit. Sec. 5. (a) The owner or operator of a CCR unit shall follow the closure and post-closure requirements in 40 CFR 257.100 through 40 CFR 257.104*, as revised by subsections (b) through (f). (b) In 40 CFR 257.100 through 40 CFR 257.104*, the following phrases are replaced with "and approval from the commissioner.": (c) The following changes are made to 40 CFR 257.102*: (d) The sentence that reads "The progress report must be approved by the commissioner and be placed in the facility's operating record." is added to the following provisions: (e) The following changes are made to 40 CFR 257.104*: (f) In addition to subsections (a) through (e), the following requirements apply to closure and post-closure of a CCR unit: Sec. 1. The owner or operator of a CCR unit shall comply with the financial assurance requirements of 329 IAC 10-39.