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

Affected: IC 13-19; IC 13-20; IC 36-9-30-35

Sec. 2. (a) Beginning on the effective date of this article, the owner or operator of a new CCR unit or lateral expansion applying for a permit shall comply with the applicable design criteria requirements in 40 CFR 257.70 through 40 CFR 257.75*.

(b) The following are additions to 40 CFR 257.70 through 40 CFR 257.75*:

(1) In 40 CFR 257.70 through 40 CFR 257.72, replace the phrase "or approval from the Participating State Director or approval from EPA where EPA is the permitting authority" with "and approval by the commissioner".

(2) In 40 CFR 257.73 through 40 CFR 257.75, replace the phrase “has been placed in the facility's operating record” with “has been approved by the commissioner and has been placed in the facility's operating record.”

(c) One (1) foot of clay with a hydraulic conductivity no greater than 1x10-7 cm/sec, in combination with a geosynthetic clay liner that complies with 329 IAC 10-17-10, is acceptable as the lower component of an alternative composite liner under 40 CFR 257.70(c)*, if certified by a qualified professional engineer and approved by the commissioner.

*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, IN 46204.

(Solid Waste Management Division; 329 IAC 14-3-2; filed Mar 13, 2026, 2:07 p.m.: 20260408-IR-329210458FRA)