1. (a) The board shall do the following:

   1. (1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste and atomic radiation in Indiana, including:

      1. (A) rules necessary to implement the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as amended; and
      2. (B) rules necessary for the establishment of 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.
   2. (2) Consult with the department concerning the regulation of solid waste and hazardous waste.
   3. (3) Carry out other duties imposed by law.
   4. (4) Expeditiously adopt by rule all exemptions or exclusions from regulation as waste that are adopted by the United States Environmental Protection Agency and set forth in 40 CFR 261 on or after January 1, 2022.

2. (b) Until the amendments to 40 CFR 261 published by the United States Environmental Protection Agency in the Federal Register at 83 FR 24664 et seq. are adopted by rule by the board under subsection (a)(4), those amendments apply to the identification and listing of hazardous waste in Indiana just as if the amendments were incorporated by reference in 329 IAC 3.1-6-1.

   [Pre-1996 Recodification Citation: 13-1-12-8(a).]

As added by P.L.1-1996, SEC.9. Amended by P.L.25-1997, SEC.14; P.L.133-2012, SEC.132; P.L.97-2016, SEC.3; P.L.100-2021, SEC.8; P.L.120-2022, SEC.4.