Bill Text: IN HB1112 | 2011 | Regular Session | Enrolled
Bill Title: Land application of industrial waste products.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1112 Detail]
Download: Indiana-2011-HB1112-Enrolled.html
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AN ACT to amend the Indiana Code concerning environmental law.
(1) Three hundred sixty-five (365) days for an application concerning the following:
(A) A new hazardous waste or solid waste landfill.
(B) A new hazardous waste or solid waste incinerator.
(C) A major modification of a solid waste landfill.
(D) A major modification of a solid waste incinerator.
(E) A new hazardous waste treatment or storage facility.
(F) A new Part B permit issued under 40 CFR 270 et seq. for an existing hazardous waste treatment or storage facility.
(G) A Class 3 modification under 40 CFR 270.42 to a hazardous waste landfill.
(H) A new solid waste processing facility other than a transfer station.
(2) Except as provided in IC 13-18-3-2.1, two hundred seventy (270) days for an application concerning the following:
(A) A Class 3 modification under 40 CFR 270.42 of a
hazardous waste treatment or storage facility.
(B) A major new National Pollutant Discharge Elimination
System permit.
(C) A major modification to a solid waste processing facility
other than a transfer station.
(3) Except as provided in IC 13-18-3-2.1, one hundred eighty
(180) days for an application concerning the following:
(A) A new
transfer station or a major modification to a transfer
station.
(B) A minor new National Pollutant Discharge Elimination
System individual permit.
(C) A permit concerning the land application of wastewater. a
material.
(D) A permit for marketing and distribution of a biosolid
or an industrial waste product.
(4) Except as provided in IC 13-18-3-2.1, one hundred fifty (150)
days for an application concerning a minor new National
Pollutant Discharge Elimination System general permit.
(5) One hundred twenty (120) days for an application concerning
a Class 2 modification under 40 CFR 270.42 to a hazardous waste
facility.
(6) Ninety (90) days for an application concerning the following:
(A) A minor modification to a permit for the following:
(i) A solid waste landfill.
(ii) A solid waste processing facility.
(iii) An incinerator.
(B) A wastewater facility or water facility construction permit.
(7) The amount of time provided for in rules adopted by the air
pollution control board for an application concerning the
following:
(A) An air pollution construction permit that is subject to 326
IAC 2-2 and 326 IAC 2-3.
(B) An air pollution facility construction permit (other than as
defined in 326 IAC 2-2).
(C) Registration of an air pollution facility.
(8) Sixty (60) days for an application concerning the following:
(A) A Class 1 modification under 40 CFR 270.42 requiring
prior written approval, to a hazardous waste:
(i) landfill;
(ii) incinerator;
(iii) treatment facility; or
(iv) storage facility.
(B) Any other permit not specifically described in this section for which the application fee exceeds forty-nine dollars ($49) and for which a time frame has not been established under section 3 of this chapter.
(b) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal permit under the rules of one (1) of the boards, the commissioner shall approve or deny the application on or before the expiration date stated in the permit for which renewal is sought.
(1) the industrial waste products are not hazardous wastes;
(2) the industrial waste products:
(A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
(B) otherwise provide a benefit to the process of creating the soil amendments or soil substitute or to the final soil amendment, soil substitute, or material to be land applied, such as bulking;
(3) the finished soil amendment, soil substitute, or material to be land applied satisfies the applicable criteria in 327 IAC 6.1;
(4) the finished soil amendment, soil substitute, or material to be land applied has a beneficial use;
(5) the requirements of subsection (b) are satisfied; and
(6) the person pays a permit fee in an amount determined by the department that does not exceed the costs incurred by the department to issue the permit.
(b) The department:
(1) may allow the use of industrial waste products:
(A) in a land application operation; or
(B) as ingredients in a soil amendment or soil substitute to be land applied;
on the same basis as other materials under the rules concerning land application and marketing and distribution permits;
(2) may not:
(A) discriminate against the use of industrial waste products on the basis that the industrial waste products lack biological carbon;
(B) impose requirements beyond applicable criteria in 327 IAC 6.1, unless additional requirements are necessary for the protection of human health and the environment;
(C) require that the finished soil amendment, soil substitute, or material to be land applied must be of a particular economic value; or
(D) for any pollutant that has a pollutant limit or concentration in 327 IAC 6.1, require that an industrial waste product or the finished soil amendment, soil substitute, or material to be land applied satisfies:
(i) the department's risk integrated system of closures nonrule policy document; or
(ii) any other standards other than criteria in 327 IAC 6.1; and
(3) for any pollutant present in the industrial waste products that does not have a pollutant limit or concentration in 327 IAC 6.1, shall consider the benefits of the finished soil amendment, soil substitute, or material to be land applied as compared to the measurable risks to human health and the environment based on the anticipated use of the finished soil amendment, soil substitute, or material to be land applied; and
(4) shall require an application for a permit for the land application of industrial waste products to include characterization of individual industrial waste products at the point of waste generation before mixing the waste streams.
(c) The board may adopt rules for pollutant limits or concentrations for pollutants for which limits or concentrations do not exist in 327 IAC 6.1 as of July 1, 2011.
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