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. 4. (a) The owner or operator of a CCR unit shall comply with the groundwater monitoring and corrective action requirements in 40 CFR 257.90 through 40 CFR 257.98*.

(b) The following are additions and revisions to 40 CFR 257.90 through 40 CFR 257.98*:

(1) All the demonstrations or documents in the following federal provisions must be submitted to the commissioner for approval and must be certified by a qualified professional engineer:

(A) 40 CFR 257.91(e)(1).

(B) 40 CFR 257.91(f).

(C) 40 CFR 257.93(f)(6).

(D) 40 CFR 257.94(d)(3).

(E) 40 CFR 257.94(e)(2).

(F) 40 CFR 257.95(c)(3).

(G) 40 CFR 257.95(g)(3)(ii).

(H) 40 CFR 257.96(a), except the assessment of corrective measures does not need to be submitted to the commissioner for approval.

(I) 40 CFR 257.97(a).

(J) 40 CFR 257.98(e).

(2) In 40 CFR 257.97(a), the final report must be submitted to the commissioner.

(3) In 40 CFR 257.97(d), the schedule must be submitted to the commissioner.

(4) In 40 CFR 257.98(b), a proposal of alternative methods must be submitted to and approved by the commissioner.

(5) In 40 CFR 257.98(e), a certified notification must be submitted to the commissioner.

(c) In addition to the constituents identified in 40 CFR 257, Appendix III* and Appendix IV*, the commissioner may require monitoring of additional constituents based on the constituents in any non-CCR waste permitted to be accepted at the facility, and the additional constituents will be added to the permit.

*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 14-3-4; filed Mar 13, 2026, 2:07 p.m.: 20260408-IR-329210458FRA)