Authority: IC 13-20-15-1

Affected: IC 13-20-15-6

Sec. 1. (a) A mobile facility that operates for one hundred eighty (180) days or less in a single location must comply with the following requirements:

1. (1) 40 CFR 761, Subpart D, incorporated by reference at 329 IAC 4.1-4-1.
2. (2) The requirements of 329 IAC 4.1-4 through 329 IAC 4.1-6, except the requirement to obtain approval from the commissioner under this article if the facility has obtained approval from the EPA under 40 CFR 761.60(e).

(b) A mobile facility that operates for more than one hundred eighty (180) days in a single location must comply with the following requirements:

1. (1) 40 CFR 761, Subpart D, incorporated by reference at 329 IAC 4.1-4-1.
2. (2) 329 IAC 4.1-4 through 329 IAC 4.1-6.

3. (3) The mobile facility must comply with one (1) of the following:

   1. (A) 329 IAC 4.1-7 for an incinerator or a high efficiency boiler.
   2. (B) 329 IAC 4.1-8 for a chemical waste landfill.
   3. (C) 329 IAC 4.1-9 for an alternative disposal facility.
4. (4) The owner or operator of the mobile facility shall comply with the public notice and public participation requirements in 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f) before continuing operations under this article.

5. (5) The owner or operator of the mobile facility shall do the following:

   1. (A) Submit a signed affidavit to the department agreeing to notify adjoining landowners with a notice as described in 329 IAC 10-12- 1(b).
   2. (B) Thereafter comply with the public notice and public notice and public participation requirements in 329 IAC 10-12-1(b) through 329 IAC 10-12-1(f).
6. (6) The department shall comply with 329 IAC 10-12-1(g) through 329 IAC 10-12-1(i) as appropriate after receipt of a request for approval under this section.
7. (7) Failure of the applicant to comply with the requirements of this section may result in denial of the application by the commissioner.

(c) The owner or operator of a mobile facility shall do the following:

1. (1) Provide to the department a copy of the written approval from EPA.

2. (2) Notify the following at least thirty (30) days before beginning an activity regulated under this article:

   1. (A) Indiana Department of Environmental Management, Office of Land Quality, 100 North Senate Avenue, MC 65-45, Indianapolis, Indiana 46204-2251.
   2. (B) The county health department for the county in which the activity takes place.
   3. (C) The emergency management director and the local emergency planning committee for the county in which the facility is located.
   4. (D) The fire department with jurisdiction over the facility.

(d) Upon completion of an activity regulated under this article, the owner or operator of a mobile facility shall provide written notification to the department that the waste no longer contains PCBs. This notification must include either of the following:

1. (1) PCB disposal notification.
2. (2) Analytical documentation demonstrating that the PCBs were destroyed.

(Solid Waste Management Division; 329 IAC 4.1-10-1; filed Jul 14, 2000, 11:09 a.m.: 23 IR 3081; filed Nov 21, 2006, 7:21 a.m.: 20061220-IR-329050219FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)