Authority: IC 13-14-8; IC 13-15-1-3; IC 13-15-2; IC 13-22-2-4

Affected: IC 13-15; IC 13-22; IC 13-30-3

Sec. 3. (a) Any person who is required to have a permit, including a new applicant and a permittee with an expiring permit, shall complete, sign, and submit an application to the commissioner as described in this section and 40 CFR 270.70 through 40 CFR 270.73. Persons currently authorized with interim status shall apply for permits when required by the commissioner. Persons covered by permits by rule as provided for in 40 CFR 270.60 need not apply. Procedures for applications, issuance, and administration of emergency permits are found in 40 CFR 270.61. Procedures for application, issuance, and administration of research, development, and demonstration permits are found in 40 CFR 270.65.

(b) When a facility or activity is owned by one (1) person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner must also sign the permit application.

(c) The commissioner shall not issue a permit before receiving a complete application for a permit except for permits-by-rule, or emergency permits. An application for a permit is complete when the commissioner receives an application form and any supplemental information which are completed to her satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in subsection (j).

(d) All applicants for final state permits shall provide information set forth in 40 CFR 270.13 and applicable sections in 40 CFR 270.14 through 40 CFR 270.21 to the commissioner, using the application form provided by the commissioner.

(e) Existing hazardous waste management facilities and interim status qualifications are as follows:

1. (1) Owners and operators of existing hazardous waste management facilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under IC 13 that render the facility subject to the requirement to have a final state permit must submit Part A of the permit application no later than:

   1. (A) thirty (30) days after the effective date of this article, or revision of this article, which first requires compliance under 329 IAC 3.1-10 or 329 IAC 3.1-11, unless the publication date is more than four (4) months prior to the effective date, in which case Part A of the permit application must be submitted no later than the effective date; or
   2. (B) thirty (30) days after the date they first become subject to the standards set forth in 329 IAC 3.1-10 or 329 IAC 3.1- 11;
2. whichever occurs first. For purposes of this rule, those persons who were in compliance with 329 IAC 3-34, which was repealed in 1992, will be deemed to be in compliance with this subdivision. For generators generating greater than one hundred (100) kilograms but less than one thousand (1,000) kilograms of hazardous waste in a calendar month and treats, stores, or disposes of these wastes on-site, by March 24, 1987.
3. (2) The commissioner may, by an order issued under IC 13-30-3, extend the date by which the owner and operator of an existing hazardous waste management facility must submit Part A of the permit application.
4. (3) At any time after the effective date of this article, the owner and operator of an existing hazardous waste management facility may be required to submit a final state permit application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit their final state permit application at any time. Any owner or operator shall be allowed at least six (6) months from the date of the requirement to submit the final state permit application. Notwithstanding this subdivision, any owner or operator of an existing hazardous waste management facility must submit a Part B permit application in accordance with the dates specified in 40 CFR 270.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under IC 13 that render the facility subject to the requirement to have a final state permit must submit a Part B application in accordance with the dates specified in 40 CFR 270.73.
5. (4) Failure to furnish a requested final state permit application on time, or to furnish in full the information required by the application, is grounds for termination of interim status under this rule.

(f) No person shall begin physical construction or operation of a new hazardous waste management facility without having complied with IC 13-22-10, if applicable, and having received a finally effective final state permit pursuant to this rule.

(g) The requirements for updating permit applications are as follows:

1. (1) If any owner or operator of a hazardous waste management facility has filed a Part A permit application pursuant to subsection (e)(1) and has not yet filed a final state permit application, the owner or operator shall file an amended Part A application:

   1. (A) with the commissioner no later than thirty (30) days from the effective date of regulatory provisions listing or designating wastes as hazardous in the state in addition to those already listed or designated by the state, if the facility is treating, storing, recovering, or disposing of any of those newly listed or designated wastes; or
   2. (B) as necessary to comply with provisions of 40 CFR 270.72 for changes during interim status.
2. Revised permit applications necessary to comply with the provisions of 40 CFR 270.72 shall be filed with the commissioner.
3. (2) The owner or operator of a facility who fails to comply with the updating requirements of subdivision (1) does not receive interim status as to the wastes not covered by a duly filed Part A permit application.

(h) Any hazardous waste management facility with an effective permit shall submit a new application at least one hundred eighty (180) days before the expiration date of the effective permit, unless permission for a later date has been granted by the commissioner. The commissioner shall not grant permission for applications to be submitted later than the expiration date of the existing permit.

(i) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this rule for a period of at least three (3) years from the date the application is signed.

(j) Exposure information requirements are as follows:

1. (1) After August 8, 1985, any Part B permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address the following:

   1. (A) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit.
   2. (B) The potential pathways of human exposures to hazardous wastes or constituents resulting from the releases described under clause (A).
   3. (C) The potential magnitude and nature of the human exposure resulting from the releases.
2. (2) By August 8, 1985, owners and operators of a landfill or a surface impoundment who have already submitted a Part B application must submit the exposure information required in subdivision (1).

(k) The commissioner may require a permittee or an applicant to submit information in order to establish permit conditions under 40 CFR 270.32(b)(2) and 40 CFR 270.50(d).

(Solid Waste Management Division; 329 IAC 3.1-13-3; filed Jan 24, 1992, 2:00 p.m.: 15 IR 941; errata filed Feb 6, 1992, 3:15 p.m.: 15 IR 1027; filed Jul 18, 1996, 3:05 p.m.: 19 IR 3359; errata filed Feb 4, 1998, 4:10 p.m.: 21 IR 2129; errata filed Jan 10, 2000, 3:01 p.m.: 23 IR 1109; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)