§ 13-19-3-3 — Prohibited areas of regulation; coal combustion residuals; legacy generation resource; state permit program; fees

(a) As used in this section and section 3.1 of
this chapter, "coal combustion residuals" means fly ash, bottom ash,
boiler slag, and flue gas desulfurization materials generated from
burning coal for the purpose of generating electricity by electric
utilities and independent power producers.
(b) The following definitions apply throughout this section:
(1) "Federal CCR rule" refers to 40 CFR 257, Subpart D, the
federal standards for the disposal of coal combustion residuals in
landfills and surface impoundments.
(2) "Legacy generation resource" means an electric generating
facility that is directly or indirectly owned by a corporation that
was originally formed for the purpose of providing power to the
federal government for use in the nation's defense or in
furtherance of national interests. The term includes the Ohio
Valley Electric Corporation.
(c) The board shall adopt rules under section 1(a)(1) of this chapter
concerning coal combustion residuals. The rules adopted under this
subsection:
(1) shall be consistent with the regulations of the United States
Environmental Protection Agency concerning standards for the
disposal of coal combustion residuals in landfills and surface
impoundments, as set forth in the federal CCR rule;
(2) shall not impose a restriction or requirement that is more
stringent than the corresponding restriction or requirement
imposed under the federal CCR rule; and
(3) shall not impose a restriction or requirement that is not
imposed by the federal CCR rule.
(d) The department shall do the following:
(1) Establish a state permit program under Section 2301 of the
federal Water Infrastructure Improvements for the Nation Act (42
U.S.C. 6945(d)) for the implementation in Indiana of the federal
CCR rule.
(2) Submit to the administrator of the United States
Environmental Protection Agency under 42 U.S.C. 6945(d)(1)(A)
evidence of the state permit program.
(3) Take other necessary or appropriate actions to obtain approval
of the state permit program.
(e) Not later than May 15, 2021, the department shall notify the
United States Environmental Protection Agency of its intention to
establish a state permit program described in subsection (d)(1) and to
seek approval of the state permit program under 42 U.S.C. 6945(d)(1).
(f) Under IC 4-22-2 and IC 13-14-9:
(1) the department shall initiate rulemaking for the establishment
of the state permit program not more than sixty (60) days after the
effective date of the SECTION of Senate Enrolled Act 271-2021
amending this section; and
(2) the board shall adopt a final rule for the establishment of the
state permit program not more than sixteen (16) months after
initiation of the rulemaking under subdivision (1).
(g) The state permit program established under this section must not
establish requirements for any surface impoundment of coal
combustion residuals unless and until the state permit program is
approved by the administrator of the United States Environmental
Protection Agency under 42 U.S.C. 6945(d)(1). The authority of the
department to establish requirements under the state permit program
established under this section is the only authority the department has
to establish requirements for a surface impoundment of coal
combustion residuals located on the grounds of a legacy generation
resource.
(h) The definitions set forth in Section 257.53 of the federal CCR
rule, as in effect January 1, 2021, apply throughout subsection (i).
(i) The department shall charge the following fees under the state
permit program established under this section:
(1) An initial one (1) time permit fee of twenty thousand five
hundred dollars ($20,500) for each surface impoundment of coal
combustion residuals regulated under the state permit program.
(2) An annual fee of twenty thousand five hundred dollars
($20,500) for each surface impoundment of coal combustion
residuals regulated under the state permit program that has not
completed closure in accordance with Section 257.102 of the
federal CCR rule. The duty to pay the fee established by this
subdivision does not apply on an annual basis until three hundred
sixty-five (365) days after the initial one (1) time permit fee
established by subdivision (1) has been assessed.
(3) An annual fee of ten thousand dollars ($10,000) for each
surface impoundment of coal combustion residuals regulated
under the state permit program that has been closed and for which
post-closure care has been initiated and is still required in
accordance with Section 257.104 of the federal CCR rule. The
duty to pay the fee established by this subdivision does not apply
on an annual basis until three hundred sixty-five (365) days after
the initial one (1) time permit fee established by subdivision (1)
has been assessed.
Fees collected under this subsection shall be deposited in the CCR
program fund established by section 3.2 of this chapter.
(j) Not later than July 1, 2027, and before the end of each
succeeding period of five (5) years, the board shall review the:
(1) costs to the department of operating the state permit program
established under this section; and
(2) revenue from the fees charged under subsection (i);
as provided in IC 13-16-1-4. If the board determines that the revenue
described in subdivision (2) is inadequate or excessive in relation to the
costs described in subdivision (1), the board shall, under IC 13-16-1-2,
change the amount of one (1) or more of the fees established under
subsection (i).
(k) Upon the effective date that the board adopts rules to implement
the federal CCR rule and subject to subsection (i), annual fees for CCR
landfills that were previously regulated as restricted waste sites shall
be deposited in the CCR program fund established by section 3.2 of
this chapter.
[Pre-1996 Recodification Citation: 13-1-12-9(a).]

Legislative History

As added by P.L.1-1996, SEC.9. Amended by P.L.215-2003, SEC.4; P.L.1-2017, SEC.2; P.L.100-2021, SEC.9; P.L.165-2021, SEC.145; P.L.120-2022, SEC.5; P.L.249-2023, SEC.68.