Indiana RCRA and Hazardous Waste Program

Overview

Indiana is authorized by EPA to administer the federal Resource Conservation and Recovery Act (RCRA) hazardous waste program. IDEM’s hazardous waste regulations are codified at 329 IAC 3.1, which adopts the federal regulations at 40 CFR Parts 260 through 268 (hazardous waste management) and 270 through 279 (permitting, USTs, used oil) with Indiana-specific modifications. The program covers the full lifecycle of hazardous waste: generation, transportation, treatment, storage, and disposal.

RCRA corrective action at treatment, storage, and disposal facilities (TSDFs) is handled by IDEM’s Office of Land Quality. The corrective action process addresses releases of hazardous waste or hazardous constituents from solid waste management units (SWMUs) and areas of concern (AOCs) at regulated facilities.

Hazardous Waste Generation

Indiana follows the federal RCRA generator framework as adopted in 329 IAC 3.1. Generators are classified based on the amount of hazardous waste generated per calendar month:

Very Small Quantity Generators (VSQGs) - generate 100 kg or less of hazardous waste and 1 kg or less of acute hazardous waste per month
Small Quantity Generators (SQGs) - generate more than 100 kg but less than 1,000 kg of hazardous waste per month
Large Quantity Generators (LQGs) - generate 1,000 kg or more of hazardous waste per month, or more than 1 kg of acute hazardous waste

Generator requirements for waste determination, accumulation time limits, labeling and marking, container management, manifesting, recordkeeping, and biennial reporting follow 40 CFR Part 262 as adopted in Indiana. The specific requirements for each generator category are consistent with the federal framework and the 2016 Generator Improvements Rule.

Hazardous Waste Determination

Every person who generates a solid waste must determine whether that waste is hazardous. This determination is made through process knowledge (understanding the materials and processes that generated the waste) or through analytical testing against the hazardous waste characteristics: ignitability (D001), corrosivity (D002), reactivity (D003), and toxicity as measured by the Toxicity Characteristic Leaching Procedure (TCLP, D004-D043). The waste must also be evaluated against the listed hazardous waste categories (F, K, P, and U lists).

RCRA Corrective Action

The RCRA Corrective Action program addresses contamination at TSDFs that have had releases of hazardous waste or hazardous constituents. The program is overseen by IDEM’s OLQ, and the RCRA Closure and Corrective Action Program Guide (WASTE-0015-NPD-R1) provides program-specific administrative guidance.

RCRA Facility Assessment (RFA)

The initial step in the corrective action process. The RFA identifies all SWMUs and AOCs at a facility and evaluates whether releases have occurred or may have occurred. This includes review of facility records, aerial photographs, regulatory files, and a visual site inspection. If evidence of releases is found, the facility proceeds to a more detailed investigation.

RCRA Facility Investigation (RFI)

A comprehensive investigation to determine the nature and extent of contamination from identified SWMUs and AOCs. The RFI follows the RCG framework and includes:

Characterization of the source, nature, and extent of releases in all affected media (soil, groundwater, surface water, sediment, air)
Identification of release-related chemicals and their concentrations
Evaluation of all exposure pathways consistent with the RCG
Comparison of results against IDEM’s Published Level Tables (2025 R2)
Assessment of potential impacts to human health and the environment

Indiana’s Published Levels at the 1E-05 cancer risk level apply to RCRA corrective action sites the same as any other cleanup program. This unified framework is a key difference from some states where RCRA corrective action uses different screening levels than voluntary or state-directed cleanup programs.

Corrective Measures Study (CMS)

If the RFI determines that contamination exceeds applicable standards and poses unacceptable risk, a CMS evaluates potential remedial alternatives. The study assesses the effectiveness, implementability, cost, and long-term reliability of each alternative. Common remedial alternatives for RCRA sites include:

Source removal or containment
Groundwater extraction and treatment
In-situ treatment (chemical oxidation, bioremediation, thermal treatment)
Monitored natural attenuation
Institutional controls and engineering controls
Combinations of the above

Corrective Measures Implementation (CMI)

Implementation of the selected corrective measure. This includes detailed design, construction, operation, and monitoring of the remedy. Performance monitoring continues until IDEM determines that remediation objectives have been achieved.

Closure

RCRA corrective action closure follows the same RCG framework as other IDEM programs:

Unconditional closure - contamination has been reduced to below Published Levels across all media without reliance on institutional controls
Conditional closure - residual contamination remains but is managed through Environmental Restrictive Covenants (ERCs), Environmental Restrictive Ordinances (EROs), long-term monitoring, or other stewardship obligations

VRP as an Alternative for RCRA Sites

The 2004 Memorandum of Understanding between IDEM and U.S. EPA Region V supports the use of the Indiana VRP to implement RCRA Subtitle C Corrective Action requirements at eligible facilities. This means that some RCRA facilities can achieve corrective action closure through the VRP process, receiving a Certificate of Completion and Covenant Not to Sue rather than going through the separate RCRA corrective action pathway.

This option is available at facilities where the remediation objectives are consistent with RCRA requirements. It can be particularly useful for brownfield redevelopment scenarios where a prospective purchaser wants the additional liability protections provided by the VRP.

Contained-in Determinations

When contaminated environmental media (soil or groundwater) at a RCRA site needs to be managed - excavated, treated, transported, or disposed - a contained-in determination may be needed to establish whether the material requires management as a regulated hazardous waste.

IDEM’s Contained-in Determination guidance (WASTE-0061-R1) provides criteria for these determinations. A contained-in determination is a state regulatory determination that environmental media no longer requires management as hazardous waste, based on the following conditions:

The environmental media is not characteristically hazardous (does not exhibit ignitability, corrosivity, reactivity, or TCLP toxicity)
All applicable land disposal restriction (LDR) requirements are met
The soil will be disposed at a permitted disposal facility (RCRA Subtitle C or Subtitle D landfill)

The commercial/industrial Published Levels from Table 1 may be used as the basis for a contained-in determination when these conditions are met. This allows contaminated soil that meets the commercial/industrial standards to be managed as non-hazardous waste, significantly reducing disposal costs and regulatory burden.

For live loading contaminated soil (direct loading into transport vehicles for off-site disposal without intermediate stockpiling), the Contained-in Determination Criteria for Live Loading Soil guidance describes when this practice is appropriate and the requirements for conducting the activity.

Solid Waste Regulations

In addition to hazardous waste, IDEM regulates solid waste management under 329 IAC 10-12. This includes permitting and oversight of municipal solid waste landfills, construction and demolition debris landfills, transfer stations, and other solid waste management facilities. Solid waste regulations are relevant to RCRA corrective action sites when contaminated soil or other media require off-site disposal at permitted facilities.

Comparison to Ohio RCRA/Hazardous Waste

Authorization and rules: Both Indiana and Ohio are RCRA-authorized states. Indiana adopts federal RCRA regulations at 329 IAC 3.1. Ohio adopts them at OAC 3745-50 through 3745-69. Generator and TSDF requirements are substantially similar in both states.
Corrective action framework: Indiana applies the unified RCG framework to RCRA corrective action, using the same Published Level Tables (at 1E-05 cancer risk) as all other cleanup programs. Ohio’s RCRA corrective action is handled by DERR using EPA RSLs (at 1E-06 cancer risk and HQ of 0.1), which are separate from the VAP standards used for voluntary cleanups.
VRP integration: Indiana’s MOU with EPA allows the VRP to serve as an alternative pathway for RCRA corrective action closure. Ohio does not have an equivalent mechanism - RCRA corrective action in Ohio remains under DERR oversight and does not transfer to the VAP.
Contained-in determinations: Both states have contained-in determination processes for managing contaminated soil at RCRA sites. Indiana uses Published Levels from Table 1 as the benchmark. Ohio follows DERR guidance with EPA RSL-based screening values.

Source

329 IAC 3.1 (Indiana Hazardous Waste Management). IC 13-22 (Solid Waste Management). 40 CFR Parts 260-268 (Federal RCRA hazardous waste regulations). 40 CFR Parts 270-279 (Federal RCRA permitting). IDEM Nonrule Policy Documents: Remediation Closure Guide (WASTE-0046-R2), RCRA Closure and Corrective Action Program Guide (WASTE-0015-NPD-R1), Contained-in Determination (WASTE-0061-R1), Contained-in Determination Criteria for Live Loading Soil.