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. 3. (a) Except as provided in this section, the owner or operator of a CCR unit shall follow the operating criteria requirements in 40 CFR 257.80 through 40 CFR 257.84*.

(b) The following additions and revisions apply to 40 CFR 257.80 through 40 CFR 257.84*:

(1) Add to 40 CFR 257.80(b)(5), "Additionally, the owner or operator must submit the initial CCR fugitive dust plan to the commissioner for review and approval.".

(2) Add to 40 CFR 257.80(b)(6), "Additionally, the owner or operator must submit any amendments to the CCR fugitive dust plan to the commissioner within sixty (60) days of amendment for review and approval.".

(3) Add to 40 CFR 257.80(c), "The owner or operator must submit the annual CCR fugitive dust control report to the commissioner upon placing the report in the facility's operating record as required by 40 CFR 257.105(g)(2).".

(4) Add to 40 CFR 257.81(b), "and 327 IAC 2-1-6(a)".

(5) In 40 CFR 257.81(c)(5), 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".

(6) Add to 40 CFR 257.82(a), "The owner or operator must submit the hydrologic and hydraulic capacity calculations and the inflow flood control system plan to the commissioner for review and approval at the time of initial application.".

(7) Add to 40 CFR 257.82(c)(4), "The owner or operator shall submit an inflow design flood control system plan to the department for approval every five (5) years. If an inflow design flood control system plan is revised, the owner or operator shall submit the revised plan to the department for approval within sixty (60) days after the date of a revision.".

(8) Add to 40 CFR 257.84(b), "The owner or operator must submit the annual inspection report to the department upon placement of the inspection report in the facility's operating record as required by 40 CFR 257.105(g)(9).".

*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 14-3-3; filed Mar 13, 2026, 2:07 p.m.: 20260408-IR-329210458FRA)