TITLE 327 WATER POLLUTION CONTROL DIVISION
FIRST NOTICE OF COMMENT PERIOD
LSA Document #14-55
LAND APPLICATION OF BIOSOLIDS, INDUSTRIAL WASTE PRODUCTS, AND POLLUTANT-BEARING WATER
The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to
327 IAC 6.1 concerning land application of biosolids, industrial waste products, and pollutant-bearing water. A First Notice of Comment Period (DIN:
20080625-IR-327080434FNA) was published in the Indiana Register on June 25, 2008. After discussion with interested stakeholders, it became apparent that the specific list of potential changes to
327 IAC 6.1 in the original First Notice of Comment Period was too narrow in scope. IDEM is withdrawing LSA Document #08-434 in a separate notice. In this notice, IDEM proposes to comprehensively review and update
327 IAC 6.1. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.
SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING
Basic Purpose and Background
The land application of waste materials such as biosolids, industrial waste products, or pollutant-bearing water, assist to fertilize plants and improve the quality of the soil by spraying, spreading on land, injecting below the land's surface, or incorporating the materials into the soil. IDEM currently requires those planning to perform these activities obtain an appropriate permit from the Land Application Program. The Land Application Program under
327 IAC 6.1 includes the land application of biosolids, industrial waste products, and pollutant-bearing water and the associated treatment and storage.
IDEM plans to make administrative and substantive updates to Article 6.1. IDEM will comprehensively review and update Article 6.1 to improve the permitting process and streamline the rule language to create efficiencies in the Land Application Program. Article 6.1 will be reviewed for errors, inconsistencies, organizational issues, and for any updates necessary to stay consistent with applicable federal laws and regulations. Although the Land Application Program is not a federally delegated program, consistency, where feasible, with federal requirements is convenient and cost effective for the regulated community.
IDEM is considering the following changes to Article 6.1 as part of the comprehensive review:
• Develop requirements for the beneficial reuse and land application of certain industrial waste products in accordance with
IC 13-18-12-2.5, effective January 1, 2013.
• Revise requirements for the marketing and distribution of gypsum and agricultural lime.
• Add stockpiling and staging to the list of requirements in the marketing and distribution user information sheet.
• Change marketing and distribution reporting to monthly instead of annually.
• Require pollutant-bearing water and marketing and distribution permits be kept on site.
• Develop pollutant-bearing water standards for nonsite specific permits to ease the regulatory burden and allow more cost effective options for smaller organizations.
• Modify the requirements for cumulative tracking of metals in pollutant-bearing water.
• Develop standards for mechanical processing where a full solid waste processing permit is not appropriate in order to ease the regulatory burden.
• Develop standards or limits for phosphorous.
• Clarify the authority to impose compliance schedules. Compliance schedules can be used as a tool to provide a transition period for the regulated community to implement new requirements, including, but not limited to, phosphorus regulations.
• Allow liming documentation for soil pH to demonstrate compliance with pH requirements.
• Reinstate salmonella testing and testing methods.
• Update sampling requirements and references, as necessary.
• Clarify sampling, source reporting, and waste criteria standards at regional biosolids facilities and processing facilities.
• Incorporate federal definitions and requirements, although not required, for consistency and convenience of the regulated community.
IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 327 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.
Alternatives to Be Considered Within the Rulemaking
Alternative 1. Make all necessary administrative and substantive changes to
327 IAC 6.1 including those needed to comport with
IC 13-18-12-2.5.
• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? Some of the proposed changes could include incorporations of federal standards, such as those found in 40 CFR 257, 40 CFR 258, 40 CFR 503.
• Is this alternative imposed by federal law or is there a comparable federal law? No, federal law does not impose this alternative, although, efforts are made to stay consistent with federal requirements for the convenience of the regulated community.
• If it is a federal requirement, is it different from federal law? Federal law does not require these changes.
• If it is different, describe the differences. There will be no differences because this is not a federal requirement.
Alternative 2. Not do a rulemaking. However, the rules will be left in conflict with the terms of
IC 13-18-12-2.5. Additionally, any cost savings to the regulated community will not be realized.
• Is this alternative an incorporation of federal standards, either by reference or full text incorporation? No.
• Is this alternative imposed by federal law or is there a comparable federal law? No, federal law does not impose this alternative.
• If it is a federal requirement, is it different from federal law? Not applicable.
• If it is different, describe the differences. Not applicable.
40 CFR 257, Criteria for Classification of Solid Waste Disposal Facilities and Practices
40 CFR 258, Criteria for Municipal Solid Waste Landfills
40 CFR 503, Standards for the Use or Disposal of Sewage Sludge
Potential Fiscal Impact of Alternative 1. Changes to comport with
IC 13-18-12-2.5 and updates necessary to stay consistent with applicable federal laws and regulations will not have any additional fiscal impact than what is currently required by federal laws and regulations, Indiana law and the existing state rules. Changes to the pollutant-bearing water standards, as well as development of mechanical processing standards will create savings for the regulated community, because more cost effective options will be available. Establishing testing requirements, such as for phosphorus or salmonella, may result in a cost to the regulated community. The regulated community would be responsible for the costs of performing the tests and may face further costs associated with limited site availability and rate of land application. Further information about these potential fiscal impacts and any others from changes to
327 IAC 6.1 will be determined when draft rule language is developed.
Potential Fiscal Impact of Alternative 2. There would be no fiscal impact imposed. However, not doing a rulemaking would be a missed opportunity for a positive fiscal impact to the regulated community. Additionally, the opportunity to provide clear and consistent requirements and comport with statutory changes to
IC 13-18-12-2.5 will not be realized.
Small Business Assistance Information
IDEM established a compliance and technical assistance program (CTAP) under
IC 13-28-3. The program provides assistance to small businesses and information regarding compliance with environmental regulations. In accordance with
IC 13-28-3 and
IC 13-28-5, there is a small business assistance program ombudsman to provide a point of contact for small businesses affected by environmental regulations. Information on the CTAP program, the monthly CTAP newsletter, and other resources available can be found at:
www.in.gov/idem/ctap
For purposes of
IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
Jessica Faust-Hamblin
IDEM Small Business Regulatory Coordinator
MC 60-04 IGCS W041
402 West Washington Street
Indianapolis, IN 46204-2251
(317) 232-8172 or (800) 988-7901
ctap@idem.in.gov
Jacob Schpok
Indiana Small Business Development Center
One North Capitol, Suite 600
Indianapolis, IN 46204
(317) 232-8805
ombudsman@osbe.in.gov
Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in
IC 5-28-17-5, specifically
IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.
The Small Business Assistance Program Ombudsman is:
Steven N. Howell
IDEM Small Business Assistance Program Ombudsman
MC 50-01 IGCN 1301
100 North Senate Avenue
Indianapolis, IN 46204-2251
(317) 232-8587 or (800) 451-6027
snhowell@idem.in.gov
Public Participation and Work Group Information
At this time, no work group is planned for the rulemaking. If you feel that a work group or other informal discussion on the rule is appropriate, please contact Lauren Aguilar, Rules Development Branch, Office of Legal Counsel at (317) 234-8559 or (800) 451-6027 (in Indiana).
REQUEST FOR PUBLIC COMMENTS
At this time, IDEM solicits the following:
(1) The submission of alternative ways to achieve the purpose of the rule.
(2) The submission of suggestions for the development of draft rule language.
Comments may be submitted in one of the following ways:
(1) By mail or common carrier to the following address:
LSA Document #14-55 Land Application
Lauren Aguilar
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
Indiana Government Center North
100 North Senate Avenue
Mail Code 65-46
Indianapolis, IN 46204-2251
(2) By facsimile to (317) 233-5970. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 233-8903.
(3) By electronic mail to laguilar@idem.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will NOT be considered part of the official written comment period unless they are sent to the email address indicated in this notice.
(4) Hand delivered to the receptionist on duty at the thirteenth floor reception desk, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Indianapolis, Indiana.
Regardless of the delivery method used, in order to properly identify each comment with the rulemaking action it is intended to address, each comment document must clearly specify the LSA document number of the rulemaking.
All comments must be postmarked, faxed, or time stamped not later than March 28, 2014. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date.
Additional information regarding this action may be obtained from Lauren Aguilar, Rules Development Branch, Office of Legal Counsel (317) 234-8559 or (800) 451-6027 (in Indiana).
Nancy King, Chief
Rules Development Branch
Office of Legal Counsel
Posted: 02/26/2014 by Legislative Services Agency
DIN: 20140226-IR-327140055FNA
Composed: Apr 24,2024 12:30:24AM EDT
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