Indiana 2024 Regular Session

Indiana House Bill HB1404 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1404
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 13-11-2; IC 13-19-3.
7	7	Synopsis: Use of coal combustion residuals. Removes the definition
8	8	of "coal combustion residuals" from its current location and relocates
9	9	it to the comprehensive definitions chapter of the environmental law
10	10	title of the Indiana Code. Defines "structural fill" as a material that is
11	11	free of rocks and organic matter and, because it is very stable, can be
12	12	used in construction to create a base or foundation for a structure.
13	13	Prohibits the use of coal combustion residuals as structural fill unless
14	14	the coal combustion residuals are fully encapsulated in cement or
15	15	concrete. Makes a corresponding amendment in a provision prohibiting
16	16	the environmental rules board from adopting a rule prohibiting the use
17	17	of coal combustion residuals as structural fill or as a base in road
18	18	construction.
19	19	Effective: July 1, 2024.
20	20	Boy
21	21	January 11, 2024, read first time and referred to Committee on Environmental Affairs.
22	22	2024 IN 1404—LS 7022/DI 55 Introduced
23	23	Second Regular Session of the 123rd General Assembly (2024)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2023 Regular Session of the General Assembly.
33	33	HOUSE BILL No. 1404
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	environmental law.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 13-11-2-30.8, AS AMENDED BY P.L.100-2021,
38	38	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2024]: Sec. 30.8. "Coal combustion residuals", for purposes
40	40	4 of this chapter, IC 13-15-1-3, and IC 13-19-3-3, has the meaning set
41	41	5 forth in IC 13-19-3-3(a). IC 13-19-3, means fly ash, bottom ash,
42	42	6 boiler slag, and flue gas desulfurization materials generated from
43	43	7 burning coal for the purpose of generating electricity by electric
44	44	8 utilities and independent power producers.
45	45	9 SECTION 2. IC 13-11-2-133, AS AMENDED BY P.L.126-2014,
46	46	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47	47	11 JULY 1, 2024]: Sec. 133. (a) "Municipal waste", for purposes of:
48	48	12 (1) IC 13-20-4;
49	49	13 (2) IC 13-20-6;
50	50	14 (3) IC 13-20-21;
51	51	15 (4) IC 13-20-23;
52	52	16 (5) IC 13-20.5-10;
53	53	17 (6) IC 13-22-1 through IC 13-22-8; and
54	54	2024 IN 1404—LS 7022/DI 55 2
55	55	1 (7) IC 13-22-13 through IC 13-22-14;
56	56	2 means any garbage, refuse, industrial lunchroom or office waste, and
57	57	3 other similar material resulting from the operation of residential,
58	58	4 municipal, commercial, or institutional establishments and community
59	59	5 activities.
60	60	6 (b) The term does not include the following:
61	61	7 (1) Hazardous waste regulated under:
62	62	8 (A) IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through
63	63	9 IC 13-22-14; or
64	64	10 (B) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et
65	65	11 seq.), as in effect on January 1, 1990.
66	66	12 (2) Infectious waste (as defined in IC 16-41-16-4).
67	67	13 (3) Wastes that result from the combustion of Coal and that are
68	68	14 referred to in IC 13-19-3-3. combustion residuals, as defined in
69	69	15 section 30.8 of this chapter.
70	70	16 (4) Materials that are being transported to a facility for
71	71	17 reprocessing or reuse.
72	72	18 (c) As used in subsection (b)(4), "reprocessing or reuse" does not
73	73	19 include either of the following:
74	74	20 (1) Incineration.
75	75	21 (2) Placement in a landfill.
76	76	22 (d) "Municipal waste", for purposes of IC 13-20-25, has the
77	77	23 meaning set forth in IC 13-20-25-3.
78	78	24 SECTION 3. IC 13-11-2-224.3 IS ADDED TO THE INDIANA
79	79	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
80	80	26 [EFFECTIVE JULY 1, 2024]: Sec. 224.3. "Structural fill", for
81	81	27 purposes of IC 13-19-3-3.3, has the meaning set forth in
82	82	28 IC 13-19-3-3.3(a).
83	83	29 SECTION 4. IC 13-19-3-3, AS AMENDED BY P.L.249-2023,
84	84	30 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
85	85	31 JULY 1, 2024]: Sec. 3. (a) As used in this section and section 3.1 of
86	86	32 this chapter, "coal combustion residuals" means fly ash, bottom ash,
87	87	33 boiler slag, and flue gas desulfurization materials generated from
88	88	34 burning coal for the purpose of generating electricity by electric
89	89	35 utilities and independent power producers. has the meaning set forth
90	90	36 in IC 13-11-2-30.8.
91	91	37 (b) The following definitions apply throughout this section:
92	92	38 (1) "Federal CCR rule" refers to 40 CFR 257, Subpart D, the
93	93	39 federal standards for the disposal of coal combustion residuals in
94	94	40 landfills and surface impoundments.
95	95	41 (2) "Legacy generation resource" means an electric generating
96	96	42 facility that is directly or indirectly owned by a corporation that
97	97	2024 IN 1404—LS 7022/DI 55 3
98	98	1 was originally formed for the purpose of providing power to the
99	99	2 federal government for use in the nation's defense or in
100	100	3 furtherance of national interests. The term includes the Ohio
101	101	4 Valley Electric Corporation.
102	102	5 (c) The board shall adopt rules under section 1(a)(1) of this chapter
103	103	6 concerning coal combustion residuals. The rules adopted under this
104	104	7 subsection:
105	105	8 (1) shall be consistent with the regulations of the United States
106	106	9 Environmental Protection Agency concerning standards for the
107	107	10 disposal of coal combustion residuals in landfills and surface
108	108	11 impoundments, as set forth in the federal CCR rule;
109	109	12 (2) shall not impose a restriction or requirement that is more
110	110	13 stringent than the corresponding restriction or requirement
111	111	14 imposed under the federal CCR rule; and
112	112	15 (3) shall not impose a restriction or requirement that is not
113	113	16 imposed by the federal CCR rule.
114	114	17 (d) The department shall do the following:
115	115	18 (1) Establish a state permit program under Section 2301 of the
116	116	19 federal Water Infrastructure Improvements for the Nation Act (42
117	117	20 U.S.C. 6945(d)) for the implementation in Indiana of the federal
118	118	21 CCR rule.
119	119	22 (2) Submit to the administrator of the United States
120	120	23 Environmental Protection Agency under 42 U.S.C. 6945(d)(1)(A)
121	121	24 evidence of the state permit program.
122	122	25 (3) Take other necessary or appropriate actions to obtain approval
123	123	26 of the state permit program.
124	124	27 (e) Not later than May 15, 2021, the department shall notify the
125	125	28 United States Environmental Protection Agency of its intention to
126	126	29 establish a state permit program described in subsection (d)(1) and to
127	127	30 seek approval of the state permit program under 42 U.S.C. 6945(d)(1).
128	128	31 (f) Under IC 4-22-2 and IC 13-14-9:
129	129	32 (1) the department shall initiate rulemaking for the establishment
130	130	33 of the state permit program not more than sixty (60) days after the
131	131	34 effective date of the SECTION of Senate Enrolled Act 271-2021
132	132	35 amending this section; and
133	133	36 (2) the board shall adopt a final rule for the establishment of the
134	134	37 state permit program not more than sixteen (16) months after
135	135	38 initiation of the rulemaking under subdivision (1).
136	136	39 (g) The state permit program established under this section must not
137	137	40 establish requirements for any surface impoundment of coal
138	138	41 combustion residuals unless and until the state permit program is
139	139	42 approved by the administrator of the United States Environmental
140	140	2024 IN 1404—LS 7022/DI 55 4
141	141	1 Protection Agency under 42 U.S.C. 6945(d)(1). The authority of the
142	142	2 department to establish requirements under the state permit program
143	143	3 established under this section is the only authority the department has
144	144	4 to establish requirements for a surface impoundment of coal
145	145	5 combustion residuals located on the grounds of a legacy generation
146	146	6 resource.
147	147	7 (h) The definitions set forth in Section 257.53 of the federal CCR
148	148	8 rule, as in effect January 1, 2021, apply throughout subsection (i).
149	149	9 (i) The department shall charge the following fees under the state
150	150	10 permit program established under this section:
151	151	11 (1) An initial one (1) time permit fee of twenty thousand five
152	152	12 hundred dollars ($20,500) for each surface impoundment of coal
153	153	13 combustion residuals regulated under the state permit program.
154	154	14 (2) An annual fee of twenty thousand five hundred dollars
155	155	15 ($20,500) for each surface impoundment of coal combustion
156	156	16 residuals regulated under the state permit program that has not
157	157	17 completed closure in accordance with Section 257.102 of the
158	158	18 federal CCR rule. The duty to pay the fee established by this
159	159	19 subdivision does not apply on an annual basis until three hundred
160	160	20 sixty-five (365) days after the initial one (1) time permit fee
161	161	21 established by subdivision (1) has been assessed.
162	162	22 (3) An annual fee of ten thousand dollars ($10,000) for each
163	163	23 surface impoundment of coal combustion residuals regulated
164	164	24 under the state permit program that has been closed and for which
165	165	25 post-closure care has been initiated and is still required in
166	166	26 accordance with Section 257.104 of the federal CCR rule. The
167	167	27 duty to pay the fee established by this subdivision does not apply
168	168	28 on an annual basis until three hundred sixty-five (365) days after
169	169	29 the initial one (1) time permit fee established by subdivision (1)
170	170	30 has been assessed.
171	171	31 Fees collected under this subsection shall be deposited in the CCR
172	172	32 program fund established by section 3.2 of this chapter.
173	173	33 (j) Not later than July 1, 2027, and before the end of each
174	174	34 succeeding period of five (5) years, the board shall review the:
175	175	35 (1) costs to the department of operating the state permit program
176	176	36 established under this section; and
177	177	37 (2) revenue from the fees charged under subsection (i);
178	178	38 as provided in IC 13-16-1-4. If the board determines that the revenue
179	179	39 described in subdivision (2) is inadequate or excessive in relation to the
180	180	40 costs described in subdivision (1), the board shall, under IC 13-16-1-2,
181	181	41 change the amount of one (1) or more of the fees established under
182	182	42 subsection (i).
183	183	2024 IN 1404—LS 7022/DI 55 5
184	184	1 (k) Upon the effective date that the board adopts rules to implement
185	185	2 the federal CCR rule and subject to subsection (i), annual fees for CCR
186	186	3 landfills that were previously regulated as restricted waste sites shall
187	187	4 be deposited in the CCR program fund established by section 3.2 of
188	188	5 this chapter.
189	189	6 SECTION 5. IC 13-19-3-3.1, AS ADDED BY P.L.120-2022,
190	190	7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
191	191	8 JULY 1, 2024]: Sec. 3.1. Except as provided in section 3(c) of this
192	192	9 chapter, the rules adopted under section 1(a)(1) of this chapter may not
193	193	10 regulate the following:
194	194	11 (1) The disposal of waste indigenous to the coal mining process
195	195	12 and coal combustion residuals if the material:
196	196	13 (A) is not included in the definition of hazardous waste or is
197	197	14 exempt from regulation as a hazardous waste under 42 U.S.C.
198	198	15 6921; and
199	199	16 (B) is disposed of at a facility regulated under IC 14-34.
200	200	17 (2) The use of coal combustion residuals for the following:
201	201	18 (A) The extraction or recovery of materials and compounds
202	202	19 contained within the coal combustion residuals.
203	203	20 (B) Bottom ash as an antiskid material.
204	204	21 (C) Raw material for manufacturing another product.
205	205	22 (D) Mine subsidence, mine fire control, and mine sealing.
206	206	23 (E) Structural fill when combined with if the coal combustion
207	207	24 residuals are fully encapsulated in cement sand, or water to
208	208	25 produce a controlled strength fill material. or concrete.
209	209	26 (F) A base in road construction if the coal combustion
210	210	27 residuals are fully encapsulated in cement or concrete.
211	211	28 (G) Cover for coal processing waste disposal locations to
212	212	29 inhibit infiltration at surface and underground mines subject
213	213	30 to IC 14-34, so long as a demonstration is made in concurrence
214	214	31 with the department of natural resources that the materials and
215	215	32 methods to be employed are appropriate for the intended use.
216	216	33 (H) Providing buffering or enhancing structural integrity for
217	217	34 refuse piles at surface and underground mines subject to
218	218	35 IC 14-34, so long as a demonstration is made in concurrence
219	219	36 with the department of natural resources that the materials and
220	220	37 methods to be employed are appropriate for the intended use.
221	221	38 (I) Agricultural applications, when applied using appropriate
222	222	39 agronomic amounts to improve crop or vegetative production.
223	223	40 SECTION 6. IC 13-19-3-3.3 IS ADDED TO THE INDIANA CODE
224	224	41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
225	225	42 1, 2024]: Sec. 3.3. (a) As used in this section, "structural fill" means
226	226	2024 IN 1404—LS 7022/DI 55 6
227	227	1 material that is free of rocks and organic matter and, because it is
228	228	2 very stable, can be used in construction, as in creating a base or
229	229	3 foundation for a structure.
230	230	4 (b) Coal combustion residuals shall not be used as structural fill
231	231	5 unless they are fully encapsulated in cement or concrete.
232	232	2024 IN 1404—LS 7022/DI 55