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. 5. (a) The owner or operator of a CCR unit shall follow the closure and post-closure requirements in 40 CFR 257.100 through 40 CFR 257.104*, as revised by subsections (b) through (f).

(b) In 40 CFR 257.100 through 40 CFR 257.104*, the following phrases are replaced with "and approval from the commissioner.":

(1) "Or approval from the Participating State Director or approval from EPA where EPA is the permitting authority.".

(2) "Or an approval from the Participating State Director or an approval from EPA where EPA is the permitting authority.".

(c) The following changes are made to 40 CFR 257.102*:

(1) Add the following language to 40 CFR 257.102(b)(1):

(A) "An estimate of the cost per acre for dewatering, excavation, stabilization, transportation, disposal of excavated CCR and non-CCR materials, including labor, materials, and testing necessary to accomplish the closure.".

(B) "The closure cost estimate must include a ten percent (10%) contingency cost on the total estimated closure cost.".

(2) Add to 40 CFR 257.102(b)(2)(ii), "The owner or operator must prepare an initial written closure plan consistent with the requirements specified in paragraph (b)(1) of this section and submit it with the permit application.".

(3) In 40 CFR 257.102(f)(3), replace the phrase “or approval from the Participating State Director or approval from U.S. EPA where U.S. EPA is the permitting authority” with “and approval by the commissioner”.

(4) Add to 40 CFR 257.102(f)(2)(i), "The owner or operator of the CCR must submit the demonstration for extension of closure timeframes to the commissioner for approval.".

(5) Add to 40 CFR 257.102(k)(2)(ii)(B), "The plan must be certified by a qualified professional engineer and approved by the commissioner.".

(6) Add to 40 CFR 257.102(k)(2)(iii), "Any amendment to the retrofit plan must be certified by a qualified professional engineer and approved by the commissioner.".

(7) Add to 40 CFR 257.102(k)(2)(iii)(C), "If an approved retrofit plan is revised after retrofit activities have commenced for a CCR unit, then the amended plan must be approved by the commissioner prior to implementing the revisions.".

(8) Add to 40 CFR 257.102(k)(5), "The retrofit plan must be approved by the commissioner and placed in the facility's operating record.".

(d) The sentence that reads "The progress report must be approved by the commissioner and be placed in the facility's operating record." is added to the following provisions:

(1) 40 CFR 257.103(c)(2)(iii)*.

(2) 40 CFR 257.103(f)(1)(xi)(C)*.

(3) 40 CFR 257.103(f)(2)(x)*.

(e) The following changes are made to 40 CFR 257.104*:

(1) Add to 40 CFR 257.104(d)(1)(iii), "The demonstration must be approved by the commissioner prior to any disturbance of the cover system.".

(2) Add to 40 CFR 257.104(d)(2)(ii), "The owner or operator must prepare an initial written post-closure plan consistent with the requirements specified in paragraph (d)(1) of this section and submit it with the permit application.".

(3) Add to 40 CFR 257.104(d)(2)(iv), "The post-closure plan approved by the commissioner must be placed in the facility's operating record.".

(4) Add to 40 CFR 257.104(d)(3)(iii), "An amendment to the written post-closure plan must be certified by a qualified professional engineer and submitted to the commissioner for approval.".

(f) In addition to subsections (a) through (e), the following requirements apply to closure and post-closure of a CCR unit:

(1) The requirements in 329 IAC 10-22-2(c)(2), 329 IAC 10-22-2(c)(10), and 329 IAC 10-22-2(c)(11).

(2) Dike maintenance of surface impoundments as required by 329 IAC 10-22-2(c)(8).

(3) The closure plan must include an estimate of the cost per acre of providing final cover and vegetation. The cost estimate must reflect the cost necessary to close the CCR unit by the third party as required by the approved plan, but may not be less than the following:

(A) Forty-three thousand dollars ($43,000) per acre to close CCR units constructed with only a soil liner.

(B) One hundred eighteen thousand dollars ($118,000) per acre for CCR units constructed with a composite bottom liner system.

For an application for a new CCR unit or major modification submitted after June 30, 2025, the owner, operator, or permittee shall adjust the minimum closure costs provided in clauses (A) and (B) for inflation, as described in 329 IAC 10-39-2(c)(2).

(4) For partial closure, the requirements of 329 IAC 10-22-3.

(5) The requirements of 329 IAC 10-23-3(c)(4), with the following changes:

(A) The leachate table in 329 IAC 10-23-3(c)(4)(B) is replaced with leachate generation rate estimates obtained from the Hydrologic Evaluation of Landfill Performance (HELP) model or other similar tools as approved by the commissioner. The HELP model is available through the U.S. EPA at https://www.epa.gov/land-research/hydrologic-evaluation-landfill-performance-help-model.

(B) The following are added to 329 IAC 10-23-3(c)(4)(C):

(i) Groundwater monitoring well replacement, maintenance of the access roads to the groundwater monitoring wells, and leachate pump replacement, if applicable.

(ii) Maintenance of dikes to comply with 329 IAC 10-16-2, 40 CFR 257.73*, and 40 CFR 257.74*, as applicable.

(iii) The post-closure cost estimate must include a fifteen percent (15%) contingency cost based on the total post-closure cost for units with a leachate collection system.

(iv) The post-closure cost estimate must include a ten percent (10%) contingency cost based on the total post-closure cost for units without a leachate collection system.

(6) The requirements of 329 IAC 10-30-4(b)(8).

(7) The requirements of 329 IAC 10-30-7.

(8) The requirements of 329 IAC 10-31-2(a)(1), 329 IAC 10-31-2(a)(2), 329 IAC 10-31-2(a)(4) through 329 IAC 10-31-2(a)(7), and maintenance and monitoring of the dike or dikes required under 329 IAC 10-16-2.

(9) The requirements of 329 IAC 10-31-3(a), with the addition of a requirement that the post-closure plan remains effective and enforceable during the post-closure period if the permit expires or is revoked.

(10) The requirements of 329 IAC 10-31-4 through 329 IAC 10-31-7.

*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 14-3-5; filed Mar 13, 2026, 2:07 p.m.: 20260408-IR-329210458FRA; errata filed Mar 17, 2026, 12:32 p.m.: 20260408-IR-329210458ACA)