IDEM Nonrule Policy Document Updates for Waste Management Programs and Plans

Posted: August 24th, 2022

Authors: Ben J.

The Indiana Department of Environmental Management (IDEM) has published a series of Nonrule Policy Document (NPD) updates over the period of June 30, 2022, to July 18, 2022. An NPD is intended to clarify for the public IDEM’s interpretation of an environmental statute or rule but is not intended by the agency to have the effect of law. The NPDs being updated are as follows:

NPD-Waste-0075: Soil Management Plan (SMP)
NPD-Waste-0015-R1: Resource Conservation and Recovery Act (RCRA) Closure and Corrective Action Guide
NPD-Waste-0076: State Cleanup Program Guide
NPD-Waste-0077: Voluntary Remediation Guide
NPD-Waste-0081: Institutional Controls Program
NPD-Waste-0082: Petroleum Remediation Program Guide

IDEM uses NPDs as a way to guide regulated facilities consistent with how IDEM interprets different environmental regulations. The NPDs discussed in this article are currently in public comment period which occurs before the final NPD is published. In order to be published as final, the NPD is then explained by IDEM to the applicable environmental program. After 30 days, the NPD then becomes effective.

NPD-Waste-0075

This is a new NPD that provides guidance on the development of a site-specific SMP for projects in IDEM remediation programs after closing with an Environmental Restrictive Covenant (ERC). Contaminated soil disturbed or excavated during construction activities at a RCRA property closed with an ERC should be addressed using this NPD as guidance for required actions and reporting. The NPD specifies the following sections for development of the SMP:

Site Description and Summary of Conditions
Soil Management Requirements
Contamination Containment
Field Screening
Legitimate Use
Final Restoration
Contingency Plan
Record Keeping
Appendices

In each of the above sections, the NPD provides guidance on what to include based on the level of contaminated soil that is applicable to the regulated facility.

NPD-Waste-0015-R1

The NPD-Waste-0015 became effective on August 11, 1997, and 25 years later we are getting our first revision. The purpose of this NPD is to guide a RCRA Treatment, Storage or Disposal (TSD) facility by defining procedures for closure of the facility once hazardous waste is no longer being generated on-site. This revision is being introduced to update the format and include the level of detail that is included in recently issued NPDs. The NPD now indicates the procedures that all involved parties must perform to close a RCRA TSD facility.

All other NPDs

The other four NPDs listed above cover four of the many waste management programs that are lumped together into two general NPDs, NPD-Waste-0046-R2: Risk-based Closure Guide (RCG)and NPD-Waste-0060: Remediation Program Guide. Now that these four NPDs have been split out, they have more detailed guidelines than before. If any of the four NPDs that have been split out and elaborated apply to your facility, we suggest that you review the guide specific to your facility and contact us with any questions or concerns.

Impact Summary

There are three key points to take note of with this series of proposed NPD updates:

IDEM has developed guidance for building a site-specific SMP,
The NPD for RCRA closure has been updated with more specific details, and
There are now multiple detailed NPDs for specific remediation programs instead of trying to cover it all in two general NPDs.

A recurring theme from all three key points is that detailed information is being expanded upon for many specific programs or facility scenarios. This will hopefully give us a clearer picture going forward on how IDEM plans to regulate RCRA applicable facilities in Indiana.

ALL4 will continue to follow the progress of these proposed NPD updates following the public comment period ending over the next few weeks. Please contact me if you have any waste issues that come up or if you have any questions about the proposed NPD updates at bjohnson@all4inc.com or 502.874.4500.

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