April 13, 2011





ENGROSSED

HOUSE BILL No. 1112

_____


DIGEST OF HB 1112 (Updated April 12, 2011 9:34 am - DI 118)



Citations Affected: IC 13-15; IC 13-18.

Synopsis: Land application of industrial waste products. Requires the commissioner of the department of environmental management (department) to approve or deny an application for a permit: (1) concerning the land application of a material; or (2) for marketing and distribution of a biosolid or an industrial waste product; within 180 days after receiving the application. Provides that the department and the environmental rulemaking boards may allow a person to use industrial waste products in a land application operation or as ingredients in a soil amendment or soil substitute to be land applied under certain circumstances. Provides that the department may allow the use of industrial waste products in a land application operation or as ingredients in a soil amendment or soil substitute to be land applied on the same basis as other materials under the rules concerning land application and marketing and distribution permits. Imposes a fee that
(Continued next page)


Effective: July 1, 2011.





Pond , Dodge , Morris , Wolkins
(SENATE SPONSORS _ GARD, BANKS, KRUSE)




    January 6, 2011, read first time and referred to Committee on Environmental Affairs.
    February 10, 2011, reported _ Do Pass. Recommitted to Committee on Ways and Means.
    February 17, 2011, amended, reported _ Do Pass.
    March 28, 2011, read second time, amended, ordered engrossed.
    March 29, 2011, engrossed.
    March 30, 2011, read third time, passed. Yeas 67, nays 30.

SENATE ACTION

    March 31, 2011, read first time and referred to Committee on Energy and Environmental Affairs.
    April 12, 2011, amended, reported favorably _ Do Pass.





Digest Continued

may not exceed the costs incurred by the department to issue the permit. Prohibits the department from: (1) discriminating against the use of industrial waste products on the basis that the industrial waste products lack biological carbon; (2) imposing requirements beyond criteria found in the applicable water pollution control board rules, unless necessary for protection of human health and the environment; (3) requiring that the finished soil amendment, soil substitute, or material to be land applied must be of a particular economic value; or (4) for certain pollutants subject to an established pollutant limit or concentration, requiring that an industrial waste product or the finished soil amendment, soil substitute, or material to be land applied satisfies: (a) the department's risk integrated system of closures nonrule policy document; or (b) any other standards other than criteria found in rules adopted by the water pollution control board concerning land application of biosolids, industrial waste products, and pollutant-bearing water. Requires the department, in the case of a pollutant present in industrial waste products that does not have an established pollutant limit or concentration, to weigh the benefits of a finished soil amendment, soil substitute, or material to be land applied against the risks to human health and the environment. Allows the department to require that a permit application for industrial waste products includes characterization of individual waste stream at the point of generation before mixing with other waste streams.



April 13, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1112



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-15-4-1; (11)EH1112.1.1. -->     SECTION 1. IC 13-15-4-1, AS AMENDED BY P.L.78-2009, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as provided in sections 2, 3, and 6 of this chapter, the commissioner shall approve or deny an application filed with the department after July 1, 1995, within the following number of days:
        (1) Three hundred sixty-five (365) days for an application concerning the following:
            (A) A new hazardous waste or solid waste landfill.
            (B) A new hazardous waste or solid waste incinerator.
            (C) A major modification of a solid waste landfill.
            (D) A major modification of a solid waste incinerator.
            (E) A new hazardous waste treatment or storage facility.
            (F) A new Part B permit issued under 40 CFR 270 et seq. for an existing hazardous waste treatment or storage facility.
            (G) A Class 3 modification under 40 CFR 270.42 to a hazardous waste landfill.
        (2) Except as provided in IC 13-18-3-2.1, two hundred seventy (270) days for an application concerning the following:
            (A) A Class 3 modification under 40 CFR 270.42 of a hazardous waste treatment or storage facility.
            (B) A major new National Pollutant Discharge Elimination System permit.
        (3) Except as provided in IC 13-18-3-2.1, one hundred eighty (180) days for an application concerning the following:
            (A) A new solid waste processing or recycling facility.
            (B) A minor new National Pollutant Discharge Elimination System individual permit.
            (C) A permit concerning the land application of wastewater. a material.
            (D) A permit for marketing and distribution of a biosolid or an industrial waste product.

        (4) Except as provided in IC 13-18-3-2.1, one hundred fifty (150) days for an application concerning a minor new National Pollutant Discharge Elimination System general permit.
        (5) One hundred twenty (120) days for an application concerning a Class 2 modification under 40 CFR 270.42 to a hazardous waste facility.
        (6) Ninety (90) days for an application concerning the following:
            (A) A minor modification to a solid waste landfill or incinerator permit.
            (B) A wastewater facility or water facility construction permit.
        (7) The amount of time provided for in rules adopted by the air pollution control board for an application concerning the following:
            (A) An air pollution construction permit that is subject to 326 IAC 2-2 and 326 IAC 2-3.
            (B) An air pollution facility construction permit (other than as defined in 326 IAC 2-2).
            (C) Registration of an air pollution facility.
        (8) Sixty (60) days for an application concerning the following:
            (A) A Class 1 modification under 40 CFR 270.42 requiring prior written approval, to a hazardous waste:
                (i) landfill;
                (ii) incinerator;
                (iii) treatment facility; or
                (iv) storage facility.
            (B) Any other permit not specifically described in this section for which the application fee exceeds forty-nine dollars ($49)

and for which a time frame has not been established under section 3 of this chapter.
    (b) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal permit under the rules of one (1) of the boards, the commissioner shall approve or deny the application on or before the expiration date stated in the permit for which renewal is sought.

SOURCE: IC 13-18-12-2.5; (11)EH1112.1.2. -->     SECTION 2. IC 13-18-12-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) The department and the boards may allow a person to use industrial waste products in a land application operation or as ingredients in a soil amendment or soil substitute to be land applied if:
        (1) the industrial waste products are not hazardous wastes;
        (2) the industrial waste products:
            (A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
            (B) otherwise provide a benefit to the process of creating the soil amendments or soil substitute or to the final soil amendment, soil substitute, or material to be land applied, such as bulking;
        (3) the finished soil amendment, soil substitute, or material to be land applied satisfies the applicable criteria in 327 IAC 6.1;
        (4) the finished soil amendment, soil substitute, or material to be land applied has a beneficial use;
        (5) the requirements of subsection (b) are satisfied; and
        (6) the person pays a permit fee in an amount determined by the department that does not exceed the costs incurred by the department to issue the permit.
    (b) The department:
        (1) may allow the use of industrial waste products:
            (A) in a land application operation; or
            (B) as ingredients in a soil amendment or soil substitute to be land applied;
        on the same basis as other materials under the rules concerning land application and marketing and distribution permits;
        (2) may not:
            (A) discriminate against the use of industrial waste products on the basis that the industrial waste products lack biological carbon;
            (B) impose requirements beyond applicable criteria in 327 IAC 6.1, unless additional requirements are necessary for

the protection of human health and the environment;
            (C) require that the finished soil amendment, soil substitute, or material to be land applied must be of a particular economic value; or
            (D) for any pollutant that has a pollutant limit or concentration in 327 IAC 6.1, require that an industrial waste product or the finished soil amendment, soil substitute, or material to be land applied satisfies:
                (i) the department's risk integrated system of closures nonrule policy document; or
                (ii) any other standards other than criteria in 327 IAC 6.1; and
        (3) for any pollutant present in the industrial waste products that does not have a pollutant limit or concentration in 327 IAC 6.1, shall consider the benefits of the finished soil amendment, soil substitute, or material to be land applied as compared to the measurable risks to human health and the environment based on the anticipated use of the finished soil amendment, soil substitute, or material to be land applied; and
        (4) shall require an application for a permit for the land application of industrial waste products to include characterization of individual industrial waste products at the point of waste generation before mixing the waste streams.
    (c) The board may adopt rules for pollutant limits or concentrations for pollutants for which limits or concentrations do not exist in 327 IAC 6.1 as of July 1, 2011.