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IDEM Moving Ahead With RISC Rulemaking

10.01.2008

On June 11, 2008 the Indiana Department of Environmental Management (“IDEM”) published a First Notice of Comment Period (“June 11, 2008 Notice”) regarding development of new rules concerning environmental assessment, cleanup, and closure of contaminated environmental media (“RISC Rules”). The IDEM indicated that the proposed rules would be based on achieving cleanup at contaminated sites to risk-based closure levels where practicable or, where impracticable, closure of contaminated sites using engineering controls and/or land use restrictions. According to the June 11, 2008 Notice, the IDEM anticipates the final RISC Rules will provide, among other things:

(1) Requirements for environmental site assessments including pre-sampling, site screening, and determinations of nature and extent of contamination.

(2) Risk-based methodology to calculate and apply default and site-specific closure levels.

(3) Criteria to demonstrate impracticability of cleanup to applicable closure levels and selection of remedial alternatives.

(4) Criteria for IDEM approval or denial of proposed remediation plans including a preference for treatment or removal of contaminants to the extent practicable to achieve a permanent remedy over administrative or engineering controls.

(5) Standards for IDEM approval or denial of requests for closure.

(6) Post-closure reporting, monitoring, inspection, certification, maintenance and financial assurance requirements.

The June 11, 2008 Notice sought comments from the public regarding (1) submission of alternative ways to achieve the purpose of the rule, (2) the submission of suggestions for the development of draft rule language, and (3) submission of comments on the fiscal impact of the rulemaking. The first comment period was originally scheduled to close on July 11, 2008 however a Continuation of First Notice of Comment Period was published on August 13, 2008 and extended the deadline for submission of comments regarding the RISC Rules until September 12, 2008. During the original and extended comment periods, the IDEM received written comments from over 20 interested parties. According to IDEM personnel, IDEM technical staff are currently reviewing and responding to public comments received in response to the June 11, 2008 Notice. In addition, IDEM is currently developing draft rule language to be released to an internal workgroup for comment. IDEM then intends to release draft rule language to an external workgroup for comment prior to issuance of a second notice of rule making.

For additional information regarding the RISC Rulemaking process or to obtain periodic updates on development of the RISC rules; contact Lydia Kuykendal, IDEM Rules, Outreach, and Planning Section, Office of Land Quality at (317) 234-5345.

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