Current through September 18, 2024
Authority: IC 13-14-8; IC 13-22-2-4
Affected: IC 13-22-2;
40 CFR
270.10
Sec. 3.
(a) Any
person who is required to have a permit, including a new applicant and a
permittee with an expiring permit, shall complete, sign, and submit an
application to the commissioner as described in this section and
40 CFR
270.70 through
40 CFR
270.73. Persons currently authorized with
interim status shall apply for permits when required by the commissioner.
Persons covered by permits by rule as provided for in
40 CFR 270.60
need not apply. Procedures for applications, issuance, and administration of
emergency permits are found in
40 CFR 270.61.
Procedures for application, issuance, and administration of research,
development, and demonstration permits are found in
40 CFR
270.65.
(b) When a facility or activity is owned by
one (1) person but is operated by another person, it is the operator's duty to
obtain a permit, except that the owner must also sign the permit
application.
(c) The commissioner
shall not issue a permit before receiving a complete application for a permit
except for permits-by-rule, or emergency permits. An application for a permit
is complete when the commissioner receives an application form and any
supplemental information which are completed to her satisfaction. An
application for a permit is complete notwithstanding the failure of the owner
or operator to submit the exposure information described in subsection
(j).
(d) All applicants for final
state permits shall provide information set forth in
40 CFR
270.13 and applicable sections in
40 CFR
270.14 through
40 CFR
270.21 to the commissioner, using the
application form provided by the commissioner.
(e) Existing hazardous waste management
facilities and interim status qualifications are as follows:
(1) Owners and operators of existing
hazardous waste management facilities or of hazardous waste management
facilities in existence on the effective date of statutory or regulatory
amendments under IC 13 that render the facility subject to the requirement to
have a final state permit must submit Part A of the permit application no later
than:
(A) thirty (30) days after the effective
date of this article, or revision of this article, which first requires
compliance under 329 IAC 3.1-10 or 329 IAC 3.1-11, unless the publication date
is more than four (4) months prior to the effective date, in which case Part A
of the permit application must be submitted no later than the effective date;
or
(B) thirty (30) days after the
date they first become subject to the standards set forth in 329 IAC 3.1-10 or
329 IAC 3.1-11;
whichever occurs first. For purposes of this rule, those
persons who were in compliance with 329 IAC 3-34, which was repealed in 1992,
will be deemed to be in compliance with this subdivision. For generators
generating greater than one hundred (100) kilograms but less than one thousand
(1,000) kilograms of hazardous waste in a calendar month and treats, stores, or
disposes of these wastes on-site, by March 24, 1987.
(2) The commissioner may, by an
order issued under IC 13-30-3, extend the date by which the owner and operator
of an existing hazardous waste management facility must submit Part A of the
permit application.
(3) At any time
after the effective date of this article, the owner and operator of an existing
hazardous waste management facility may be required to submit a final state
permit application. Any owner or operator of an existing hazardous waste
management facility may voluntarily submit their final state permit application
at any time. Any owner or operator shall be allowed at least six (6) months
from the date of the requirement to submit the final state permit application.
Notwithstanding this subdivision, any owner or operator of an existing
hazardous waste management facility must submit a Part B permit application in
accordance with the dates specified in
40 CFR
270.73. Any owner or operator of a land
disposal facility in existence on the effective date of statutory or regulatory
amendments under IC 13 that render the facility subject to the requirement to
have a final state permit must submit a Part B application in accordance with
the dates specified in
40 CFR
270.73.
(4) Failure to furnish a requested final
state permit application on time, or to furnish in full the information
required by the application, is grounds for termination of interim status under
this rule.
(f) No person
shall begin physical construction or operation of a new hazardous waste
management facility without having complied with IC 13-22-10, if applicable,
and having received a finally effective final state permit pursuant to this
rule.
(g) The requirements for
updating permit applications are as follows:
(1) If any owner or operator of a hazardous
waste management facility has filed a Part A permit application pursuant to
subsection (e)(1) and has not yet filed a final state permit application, the
owner or operator shall file an amended Part A application:
(A) with the commissioner no later than
thirty (30) days from the effective date of regulatory provisions listing or
designating wastes as hazardous in the state in addition to those already
listed or designated by the state, if the facility is treating, storing,
recovering, or disposing of any of those newly listed or designated wastes;
or
(B) as necessary to comply with
provisions of
40 CFR
270.72 for changes during interim status.
Revised permit applications necessary to comply with the
provisions of
40 CFR
270.72 shall be filed with the
commissioner.
(2) The owner or operator of a facility who
fails to comply with the updating requirements of subdivision (1) does not
receive interim status as to the wastes not covered by a duly filed Part A
permit application.
(h)
Any hazardous waste management facility with an effective permit shall submit a
new application at least one hundred eighty (180) days before the expiration
date of the effective permit, unless permission for a later date has been
granted by the commissioner. The commissioner shall not grant permission for
applications to be submitted later than the expiration date of the existing
permit.
(i) Applicants shall keep
records of all data used to complete permit applications and any supplemental
information submitted under this rule for a period of at least three (3) years
from the date the application is signed.
(j) Exposure information requirements are as
follows:
(1) After August 8, 1985, any Part B
permit application submitted by an owner or operator of a facility that stores,
treats, or disposes of hazardous waste in a surface impoundment or a landfill
must be accompanied by information, reasonably ascertainable by the owner or
operator, on the potential for the public to be exposed to hazardous wastes or
hazardous constituents through releases related to the unit. At a minimum, such
information must address the following:
(A)
Reasonably foreseeable potential releases from both normal operations and
accidents at the unit, including releases associated with transportation to or
from the unit.
(B) The potential
pathways of human exposures to hazardous wastes or constituents resulting from
the releases described under clause (A).
(C) The potential magnitude and nature of the
human exposure resulting from the releases.
(2) By August 8, 1985, owners and operators
of a landfill or a surface impoundment who have already submitted a Part B
application must submit the exposure information required in subdivision
(1).
(k) The
commissioner may require a permittee or an applicant to submit information in
order to establish permit conditions under
40 CFR
270.32(b)(2) and
40 CFR
270.50(d).
