Authority: IC 13-14-8-7; IC 13-15; IC 13-19-3

Affected: IC 13-30-2; IC 36-9-30

Sec. 21. "Waste determination" means the documented process of determining the qualitative and quantitative nature of a particular waste in order to establish the regulatory status of the waste and determine if the waste must be disposed of under the hazardous waste rules at 329 IAC 3.1, the PCB rules at 329 IAC 4.1, or the solid waste rules at 329 IAC 10. The regulatory status may be determined using either generator knowledge or testing by the methods in 40 CFR 261, Subpart C*, or equivalent methods approved under 40 CFR 260.21* to ascertain the following:

1. (1) The waste is a hazardous waste under 40 CFR 262.11* and is regulated under 329 IAC 3.1 because of the following:

   1. (A) The waste is not excluded from regulation under 40 CFR 261.4*.
   2. (B) The waste is a listed waste under 40 CFR 261, Subpart D*.
   3. (C) The waste exhibits characteristics specified in 40 CFR 261, Subpart C*.

2. (2) The waste:

   1. (A) contains regulated amounts of PCBs; and
   2. (B) is regulated under 329 IAC 4.1.
3. (3) The waste is a solid waste and can be disposed of under 329 IAC 10.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

(Solid Waste Management Division; 329 IAC 11.6-2- 21; filed Jan 30, 2013, 12:31 p.m.: 20130227-IR-329100253FRA; readopted filed Jun 14, 2019, 2:00 p.m.: 20190710-IR- 329190249BFA; filed Apr 24, 2020, 4:48 p.m.: 20200506-IR-329190411FRA, eff Apr 24, 2020, see Executive Order 20-15, posted at 20200422-IR-GOV200234EOA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR- 329230812RFA)