Current through September 18, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
40 CFR
124.31
Sec. 18.
(a) This
section applies to the following:
(1) All RCRA
Part B applications seeking initial permits for hazardous waste management
units over which the department has permit issuance authority.
(2) RCRA Part B applications seeking renewal
of permits for such units, where the renewal application is proposing a
significant change in facility operations.
(3) Hazardous waste management facilities for
which facility owners or operators are seeking coverage under a RCRA
standardized permit under 40 CFR 270, Subpart J, including renewal of a
standardized permit for such units, where the renewal is proposing a:
(A) significant change in facility
operations;
(B) change that is not
specifically identified in
40 CFR
270.42; or
(C) change that amends any terms or
conditions in the supplemental portion of the standardized permit.
(b) This section does
not apply to the following:
(1) Class 1 and 2
permit modifications under
40 CFR
270.42.
(2) Applications that are submitted for the
sole purpose of conducting post-closure activities or post-closure activities
and corrective action at a facility.
(c) As used in this section, "significant
change" means any change that would qualify as a Class 3 permit modification
under
40 CFR
270.42.
(d) Prior to the submission of a Part B RCRA
permit application for a facility or the submission of a written notice of
intent to be covered by a RCRA standardized permit under 40 CFR 270, Subpart J,
the applicant shall:
(1) hold at least one
(1) meeting with the public in order to solicit questions and comments from the
community and interested parties and inform the community and interested
parties of proposed hazardous waste management activities; and
(2) post a sign-in sheet or otherwise provide
a voluntary opportunity for attendees and interested parties to provide their
names and addresses.
(e)
The applicant shall submit the following to the department as a part of the
Part B application in accordance with
40 CFR
270.14(b) or with the
written notice of intent to be covered by a RCRA standardized permit under 40
CFR 270, Subpart J:
(1) A summary of the
meeting.
(2) The list of attendees
and their addresses developed under subsection (d).
(3) Copies of any written comments or
materials submitted at the meeting.
(f) The applicant shall provide public notice
of the preapplication meeting at least thirty (30) days prior to the meeting.
The applicant shall maintain, and provide to the department upon request,
documentation of the public notice required under subsection (g).
(g) The applicant shall provide public notice
in all of the following forms:
(1) A
newspaper advertisement. The applicant shall publish a notice, fulfilling the
requirements in subsection (h), in a newspaper of general circulation in the
county or equivalent jurisdiction that hosts the proposed location of the
facility. In addition, the commissioner shall instruct the applicant to publish
the notice in newspapers of general circulation in adjacent counties or
equivalent jurisdictions, where the commissioner determines that such
publication is necessary to inform the affected public. The notice must be
published as a display advertisement.
(2) A visible and accessible sign. The
applicant shall post a notice on a clearly marked sign at or near the facility,
fulfilling the requirements in subsection (h). If the applicant places the sign
on the facility property, then the sign must be large enough to be readable
from the nearest point where the public would pass by the site.
(3) A broadcast media announcement. The
applicant shall broadcast a notice, fulfilling the requirements in subsection
(h), at least once on at least one (1) local radio station or television
station. The applicant may employ another medium with prior approval of the
commissioner.
(4) A notice to the
department. The applicant shall send a copy of the newspaper notice to the
department and to the appropriate units of state and local government, in
accordance with section 10(c)(1)(F) of this rule.
(h) The notices required under subsection (g)
must include the following:
(1) The date,
time, and location of the meeting.
(2) A brief description of the purpose of the
meeting.
(3) A brief description of
the facility and proposed operations, including the address or a map, for
example, a sketched or copied street map, of the facility location.
(4) A statement encouraging people to contact
the applicant at least seventy-two (72) hours before the meeting if they need
special access to participate in the meeting.
(5) The name, address, and telephone number
of a contact person for the applicant.
