[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45925-45929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18789]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6840-7]
Indiana: Final Authorization of State Hazardous Waste Management
Program Revision.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Indiana has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for Final authorization, and is
authorizing the State's changes through this immediate final action.
EPA is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial and do not
expect comments that oppose it. Unless we get written comments which
oppose this authorization during the comment period, the decision to
authorize Indiana's changes to their hazardous waste program will take
effect as provided below. If we get comments that oppose this action,
we will publish a document in the Federal Register withdrawing this
rule before it takes effect and a separate document in the proposed
rules section of this Federal Register will serve as a proposal to
authorize the changes.
DATES: This Final authorization will become effective on October 24,
2000 unless EPA receives adverse written comment by August 25, 2000. If
EPA receives such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Send written comments referring to Docket Number Indiana ARA
17, to Gary Westefer, Indiana Regulatory Specialist, U.S. EPA Region 5,
DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-
7450. We must receive your comments by August 25, 2000.
You can view and copy Indiana's application from 9 am to 4 pm at
the following addresses: EPA Region 5: contact Gary Westefer at the
above address; and Indiana Department of Environmental Management, 100
North Senate, Indianapolis, Indiana 46206; Contact: Lynn West, (317)
232-3593.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Indiana Regulatory
Specialist, U.S. EPA Region 5, DM-7J, 77 West Jackson Boulevard,
Chicago, Illinois 60604; (312) 886-7450.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program
[[Page 45926]]
changes, States must change their programs and ask EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Indiana's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Indiana Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Indiana has responsibility for permitting
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders
and for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Indiana, including
issuing permits, until the State is granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Indiana subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent federal requirements in order to comply with
RCRA. Indiana has enforcement responsibilities under its state
hazardous waste program for violations of such program, but EPA retains
its authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Indiana is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the state program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives appropriate comments that oppose this
authorization, we will withdraw this rule by publishing a document in
the Federal Register before the rule becomes effective. EPA will base
any further decision on the authorization of the state program changes
on the proposal mentioned in the previous paragraph. We will then
address all public comments in a later final rule. You may not have
another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What Has Indiana Previously Been Authorized for?
Indiana initially received Final authorization on January 31, 1986,
effective January 31, 1986 (51 FR 3955) to implement the RCRA hazardous
waste management program. We granted authorization for changes to their
program on October 31, 1986, effective December 31, 1986 (51 FR 39752);
January 5, 1988, effective January 19, 1988 (53 FR 128); July 13, 1989,
effective September 11, 1989 (54 FR 29557); July 23, 1991, effective
September 23, 1991 (56 FR 33717); July 24, 1991, effective September
23, 1991 (56 FR 33866); July 29, 1991, effective September 27, 1991 (56
FR 35831); July 30, 1991, effective September 30, 1991 (56 FR 36010);
August 20, 1996, effective October 21, 1996 (61 FR 43018); and
September 1, 1999, effective November 30, 1999 (64 FR 47692).
G. What Changes Are We Authorizing With Today's Action?
On February 24, 2000, Indiana submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
Indiana's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant Indiana Final authorization for the following program changes:
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Federal Register date and
Description of Federal requirement page (and/or RCRA statutory Analogous State authority
(include checklist #, if relevant) authority)
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Sharing of Information with the Agency November 8, 1984 SWDA 3019(b) IC 5-14-3 Effective April 15, 1987.
for Toxic Substances and Disease
Registry--Checklist SI.
HSWA Codification Rule; Delisting-- July 15, 1985, 50 FR 28702... 329 IAC 3.1-5-3, Effective April 18,
Checklist 17 B. 1998.
as amended--Checklist 17B.1......... June 27, 1989, 54 FR 27114...
Hazardous Waste Management Systems; September 10, 1992, 57 FR 329 IAC 3.1-4-1; 3.1-4-1(b); 3.1-6-1;
Identification and Listing of Hazardous 41566. 3.1-6-2(4); 3.1-11-1; 13-1-1; 13-1-2;
Waste; Recycled Used Oil Management 13-2; 13-3-1; 13-3-2; 13-3-3; 13-4-1;
Standards Checklist 112. 13-4-2; 13-4-3; 13-4-4; 13-4-5; 13-5-
1; 13-5-2; 13-5-3; 13-6-1; 13-6-2; 13-
6-3; 13-6-4; 13-6-5; 13-6-6; 13-6-7;
13-6-8; 13-7-1; 13-7-2; 13-7-3; 13-7-
4; 13-7-5; 13-7-6; 13-7-7; 13-7-8; 13-
7-9; 13-7-10; 13-8-1; 13-8-2; 13-8-3;
13-8-4; 13-8-5; 13-8-6; 13-8-7; 13-8-
8; 13-9-1; 13-9-2; 13-9-3; 13-9-4; 13-
9-5; 13-9-6; 13-10-1; 13-10-2; 13-10-
3, Effective March 5, 1997.
[[Page 45927]]
Recycled Used Oil Management Standards; May 3, 1993, 58 FR 26420..... 329 IAC 3.1-6-1; 3.1-9-1; 3.1-9-2(1),
Technical Amendments and Corrections I-- (2); 3.1-10-1; 3.1-10-2 (1), (2), (3),
Checklist 122. (4); 13-1-1; 13-1-2; 13-2; 13-3-1; 13-
3-2; 13-3-3; 13-4-2; 13-4-3; 13-4-4;
13-6-1; 13-6-3; 13-6-4; 13-6-6; 13-7-
2; 13-7-3; 13-7-5; 13-8-1; 13-8-3; 13-
8-5; 13-9-1; 13-9-3; 13-9-4, Effective
March 5, 1997.
as amended Checklist 122.1.......... June 17, 1993, 58 FR 33341...
Identification and Listing of Hazardous March 4, 1994, 59 FR 10550... 329 IAC 13-1-1; 13-1-2; 13-2; 13-3-1;
Waste; Recycled Used Oil Management 13-4-1; 13-6-2; 13-6-5; 13-6-7; 13-7-
Standards (Technical Amendments and 4; 13-8-4, Effective March 5, 1997.
Corrections II) Checklist 130.
RCRA Expanded Public Participation-- December 11, 1995, 60 FR 329 IAC 3.1-13-1; 3.1-13-2(8), (9); 3.1-
Checklist 148. 63417. 13-18; 3.1-13-19; 3.1-13-20, Effective
February 8, 1997.
Land Disposal Restrictions Phase III-- April 8, 1996, 61 FR 15566... 329 IAC 3.1-12-1; 3.1-12-2 (1 through
Decharacterized Wastewaters, Carbamate 9), Effective February 8, 1997.
Wastes, and Spent Potliners; Final
Rule--Checklist 151.
as amended--Checklist 151.1......... April 8, 1996, 61 FR 15660... Effective February 8, 1997.
as amended--Checklist 151.2......... April 30, 1996, 61 FR 19117.. Effective April 18, 1998.
as amended--Checklist 151.3......... June 28, 1996, 61 FR 33680... Effective November 30, 1997.
as amended--Checklist 151.4......... July 10, 1996, 61 FR 36419... Effective November 30, 1997.
as amended--Checklist 151.5......... August 26, 1996, 61 FR 43924. Effective April 18, 1998.
as amended--Checklist 151.6......... February 19, 1997, 62 FR 7502 Effective April 18, 1998.
Hazardous Waste Treatment, Storage, and November 25, 1996, 61 FR 329 IAC 3.1-1-7; 3.1-6-1; 3.1-6-2(4);
Disposal Facilities and Hazardous Waste 59931. 3.1-7-1; 3.1-9-1; 3.1-10-1; 3.1-10-2
Generators; Organic Air Emissions (1 through 4); 3.1-13-1; 3.1-13-2(8),
Standards for Tanks, Surface (9), Effective April 18, 1998.
Impoundments, and Containers; Final
Rule--Checklist 154.
as amended--Checklist 154.1......... December 6, 1994, 59 FR 62896
as amended--Checklist 154.2......... May 19, 1995, 60 FR 26828....
as amended--Checklist 154.3......... September 29, 1995, 60 FR
50426.
as amended--Checklist 154.4......... November 13, 1995, 60 FR
56952.
as amended--Checklist 154.5......... February 9, 1996, 61 FR 4903.
as amended--Checklist 154.6......... June 5, 1996, 61 FR 28508....
Military Munitions Rule: Hazardous Waste February 12, 1997, 62 FR 6622 329 IAC 3.1-4-1; 3.1-4-1(b); 3.1-6-1;
Identification and Management; 3.1-6-2(1), (2); 3.1-7-1; 3.1-7-2(1);
Explosives Emergencies; Manifest 3.1-7-3; 3.1-8-1; 3.1-8-2(1); 3.1-9-1;
Exemption for Transportation of 3.1-9-2(1), (2); 3.1-10-1; 3.1-10-
Hazardous Waste on Rights-of-Way on 2(1), (2), (3), (4); 3.1-11-1; 3.1-13-
Contiguous Properties--Checklist 156. 1; 3.1-13-2(1), (2), (3), (4); 3.1-13-
3 through 3.1-13-17, Effective April
18, 1998.
Land Disposal Restrictions Phase IV: May 12, 1997, 62 FR 25998.... 329 IAC 3.1-6-1; 3.1-6-2(1), (2), (13),
Treatment Standards for Wood Preserving (14); 3.1-12-1; 3.1-12-2 (1 through
Wastes, Paperwork Reduction and 5), (8), (10), Effective April 18,
Streamlining, Exemptions from RCRA for 1998.
Certain Processed Materials; and
Miscellaneous Hazardous Waste
Provisions--Checklist 157.
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H. Where Are the Revised State Rules Different From the Federal
Rules?
There are no State requirements in this program revision considered
to be either more stringent or broader in scope than the Federal
requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Indiana will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization until
they expire or are terminated. We will not issue any more new permits
or new portions of permits for the provisions listed in the table above
after the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which Indiana is
not yet authorized.
J. What Is Codification and Is EPA Codifying Indiana's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. The authorized Indiana
RCRA program was incorporated by reference into 40 CFR part 272 on
August 23, 1989, effective October 23, 1989 (54 FR 34988).
We reserve the amendment of 40 CFR part 272, subpart P for this
authorization of Indiana's program changes until a later date.
K. Regulatory Analysis and Notices
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate,
[[Page 45928]]
or to the private sector, of $100 million or more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
EPA has determined that section 202 and 205 requirements do not
apply to today's action because this rule does not contain a Federal
mandate that may result in annual expenditures of $100 million or more
for State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Indiana program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of State programs generally may reduce, not increase, compliance costs
for the private sector. Further, as it applies to the State, this
action does not impose a Federal intergovernmental mandate because UMRA
does not include duties arising from participation in a voluntary
federal program.
The requirements of section 203 of UMRA also do not apply to
today's action because this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act (RFA), as Amended by
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), 5 U.S.C. 601 et seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's action on small
entities, small entity is defined as: (1) A small business as specified
in the Small Business Administration regulations; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this authorization on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not impose any new requirements on small entities because small
entities that are hazardous waste generators, transporters, or that own
and/or operate TSDFs are already subject to the regulatory requirements
under the State laws which EPA is now authorizing. This action merely
authorizes for the purpose of RCRA section 3006 those existing State
requirements.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866 (Regulatory Planning and Review).
Compliance With Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This authorization does not have federalism implications. It will
not have a substantial direct effect on States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, because this rule affects only
one State. This action simply approves Indiana's proposal to be
authorized for updated requirements of the hazardous waste program that
the State has voluntarily chosen to operate. Further, as a result of
this action, newly authorized provisions of the State's program now
apply in Indiana in lieu of the equivalent Federal program provisions
implemented by EPA under HSWA. Affected parties are subject only to
those authorized State program provisions, as opposed to being subject
[[Page 45929]]
to both Federal and State regulatory requirements. Thus, the
requirements of section 6 of the Executive Order do not apply.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) The
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it authorizes a State program.
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, Executive Order 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This rule is not subject to Executive Order 13084 because it does
not significantly or uniquely affect the communities of Indian tribal
governments. Indiana is not authorized to implement the RCRA hazardous
waste program in Indian country. This action has no effect on the
hazardous waste program that EPA may implement in the Indian country
within the State.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: June 23, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-18789 Filed 7-25-00; 8:45 am]
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