in-20240731-IR-329210458SCA: A Continuation of Second Notice of Comment Period was published January 18, 2023, on the Indiana Register website (Register) at 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 adding a new article at 329 IAC 14, to establish a state permitting program for coal combustion residuals (CCR). Due to recently passed legislation under House Enrolled Act 1623-2023 (HEA 1623) amending state law at IC 13-19-3-3, and in response to comments received during the initial Continuation of Second Notice of Comment Period, the Indiana Department of Environmental Management (IDEM) has significantly changed the draft rule and is providing an additional thirty (30) days for submission of comments on the rulemaking. Comments submitted to IDEM from the initial Continuation of Second Notice of Comment Period are considered part of the formal written comment period. With this notice, IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

CONTINUATION OF SECOND NOTICE OF COMMENT PERIOD LSA Document #21-458 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) The following categories will must be used for the purpose of defining site requirements and permissible wastes to be received for all solid waste land disposal facilities except coal combustion residuals (CCR) units subject to 329 IAC 14: (b) The owner and operator of a coal combustion residuals impoundment subject to 40 CFR 257, Subpart D, shall comply with the requirements for surface impoundments in accordance with 40 CFR 257.50* through 40 CFR 257.107*, except the phrase "not to exceed a height of 6 inches above the slope of the dike" is deleted from the following sections: (c) For a coal combustion residuals impoundment subject to 40 CFR 257, Subpart D, final disposal of solid waste in the impoundment at the end of the operation of the impoundment is subject to approval by the commissioner, based on the requirements for coal combustion residuals impoundments in 40 CFR 257.50* through 40 CFR 257.107* and on other management practices that are protective of human health and the environment. *These documents are incorporated by reference. Copies may be viewed online from the Government Publishing Office at www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.