The Generator Improvement Rule notice was published in the Indiana Register on November 21, 2018. This includes amendments for incorporation by reference of recent United States Environmental Protection Agency (U.S. EPA) rules for hazardous waste generator improvements and import-export of hazardous waste, and technical amendments and corrections to existing hazardous waste requirements. The purpose of this notice is to seek public comment on the draft rule, including suggestions for specific language to be included in the rule. The Indiana Department of Environmental Management seeks comment on the affected citations listed (329 IAC 3.1) and any other provisions of Title 329 that may be affected by this rulemaking. All comments must be postmarked, faxed, or time stamped not later than December 21, 2018. Hand-delivered comments must be delivered to the appropriate office by 4:45 p.m. on the above-listed deadline date. The official publication in the Indiana Register, LSA Document #18-481 [PDF], provides additional information and the specific language of the proposed rule.

The DC Circuit Court amended its ruling on March 6, 2018. EPA published a final rule to address the Court’s ruling on May 30, 2018. However, because of Indiana’s statute at IC 13-14-9-8(h) that automatically vacates state rules if the related federal rule is vacated, the impact on Indiana’s rule becomes more complicated. The vacated Definition of Solid Waste requirements for the provisions of 40 CFR 260.43(a)(4) and 40 CFR 261.4(a)(24) are removed from Indiana’s rules without being replaced with the May 30, 2018 rule language. As a result, off-site recycling (not within the same company) will be subject to full hazardous waste management requirements for the generator and receiving facility including, but not limited to, manifesting and RCRA Part B permit for the off-site recycling facility. This does not impact on-site recycling by generators or recycling within the same company, under the provisions of 40 CFR 261.4(a)(23).

The United States, together with the State of Indiana, announced that U. S. Steel Corporation (U. S. Steel) has agreed to resolve alleged violations of the Clean Water Act and Indiana law by undertaking substantial measures to improve its wastewater processing monitoring system at its steel manufacturing and finishing facility, known as the Midwest Plant, in Portage, Indiana.

• U.S. Steel Consent Decree