TITLE 329 SOLID WASTE MANAGEMENT DIVISION

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to rules at 329 IAC 15 concerning waste tire management and legitimate use of waste tires. IDEM seeks comment on the affected citations listed and any other provisions of Title 329 that may be affected by this rulemaking.

This rulemaking proposes amendments to the waste tire management requirements at 329 IAC 15 and includes many of the amendments originally proposed in LSA Document #12-200, which was withdrawn on March 9, 2016. LSA Document #12-200 was withdrawn because a portion of the proposed amendments had to do with legitimate use of waste tires in lieu of disposal and required additional statutory authority to be considered for adoption. To alleviate this situation, the Indiana General Assembly enacted Public Law 97-2016, which granted authority to the Environmental Rules Board to adopt rules for the legitimate use of waste tires. In accordance with the enactment of Public Law 97-2016, IDEM is initiating this rulemaking to propose amendments to 329 IAC 15.

The main purposes of this rulemaking are to incorporate statutory changes enacted in Public Laws 37-2012 and 97-2016, update requirements to be consistent with current conditions in the waste tire management industry in Indiana, amend outdated, repetitive, or unnecessary requirements, improve accountability and safety for waste tire management, and clarify and improve the rule language throughout the article.

IDEM proposes the following changes to align 329 IAC 15 with the statutory changes in Public Laws 37-2012 and 97-2016:

° proper storage and handling;

° record keeping; and

° what constitutes the legitimate use of a waste tire.

IDEM is also proposing the following amendments to 329 IAC 15:

The main groups that will be affected by the rulemaking include waste tire transporters, processing operations, storage sites, potential applicants for legitimate use of waste tires, and local government units. IDEM does not anticipate that the rule amendments will increase annual operating or compliance costs for the affected entities, although the entities may have an initial administrative cost to understand and comply with the amendments. The local government tire amnesty program will affect local government units and solid waste management districts that choose to host a waste tire amnesty program. However, because local government units will not be required to host an amnesty program, they are not subject to additional requirements or costs.

IDEM seeks comment on the affected citations listed, including suggestions for specific language, any other provisions of Title 329 that may be affected by this rulemaking, and alternative ways to achieve the purpose of the rulemaking.

There are no federal rules or laws that are directly applicable to waste tire management in Indiana.

Potential Fiscal Impact of Alternative 1. This alternative will not have a significant fiscal impact because the proposed amendments will not require any additional fees for waste tire processing operations, storage sites, or transporters. In addition, the proposed amendments are not intended to increase normal operating or compliance costs for waste tire facilities already operating in compliance with the current requirements.

IDEM does anticipate that affected entities may have an initial administrative cost to understand and comply with the proposed amendments. At this stage in the rulemaking, IDEM does not have an exact estimate for the administrative cost, but will determine a more exact estimate as the rulemaking progresses. However, beyond the potential initial administrative cost, IDEM does not anticipate any additional long-term compliance costs or fees.

Streamlining of certain requirements within the rules may actually reduce costs for some affected entities. Those that choose to pursue compliance alternatives contemplated in the proposed amendments could benefit from reduced compliance and administrative costs. The compliance alternatives may allow the affected entities to explore and pursue a lower cost process to meet the waste tire management requirements and reduce the overall compliance costs for that particular entity.

Potential Fiscal Impact of Alternative 2. This alternative will not have a fiscal impact because the alternative does not propose any changes to the current rules for waste tire management at 329 IAC 15.

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 and other resources available can be found at:

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Angela Taylor

IDEM Small Business Regulatory Coordinator/CTAP Small Business Liaison

IGCN 1316

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 233-0572 or (800) 988-7901

ctap@idem.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 4-4-35-8 is:

Katelyn Colclazier

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 431-1560

kcolclazier@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 4-4-35-8, specifically IC 4-4-35-8(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:

Brian Rockensuess

IDEM Small Business Assistance Program Ombudsman/Office of Government and Community Affairs

IGCN 1301

100 North Senate Avenue

Indianapolis, IN 46204-2251

(317) 234-3386 or (800) 451-6027

brockens@idem.in.gov

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 Dan Watts, Rules Development Branch, Office of Legal Counsel at (317) 234-5345 or (800) 451-6027 (in Indiana).

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 #17-279 Waste Tire Management

Dan Watts

Rules Development Branch

Office of Legal Counsel

Indiana Department of Environmental Management

Indiana Government Center North

100 North Senate Avenue

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) 232-8922.

(3) By electronic mail to dwatts1@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 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 July 7, 2017. 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 Dan Watts, Rules Development Branch, Office of Legal Counsel (317) 234-5345 or (800) 451-6027 (in Indiana).

Christine Pedersen, Section Chief

Rules Development Branch

Office of Legal Counsel

DIN: 20170607-IR-329170279FNA

Composed: Apr 25,2024 8:39:58AM EDT

A PDF version of this document.