[Federal Register Volume 66, Number 3 (Thursday, January 4, 2001)]
[Rules and Regulations]
[Pages 733-737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-35]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6925-1]
Indiana: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is granting Indiana final authorization of revisions
to their hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The Agency published a proposed rule on July 26,
2000 at 65 FR 45955 and provided for public comment. The public comment
period ended on August 25, 2000. We received one comment, addressed
below. No further opportunity for comment will be provided. EPA has
determined that Indiana's revisions satisfy all the requirements needed
to qualify for final authorization, and is authorizing the State's
changes through this final action.
DATES: This final authorization will become effective on January 4,
2001.
ADDRESSES: You can view and copy Indiana's application from 9 am to 4
pm at the following addresses: Indiana Department of Environmental
Management, 100 North Senate, Indianapolis, Indiana, (mailing address
P.O. Box 6015, Indianapolis, Indiana 46206) contact Lynn West (317)
232-3593, and EPA Region 5, contact Gary Westefer at the following
address.
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: On July 26, 2000, U.S. EPA published an
immediate final rule granting Indiana authorization for changes to its
Resource Conservation and Recovery Act program, listed in section E of
that notice, which was subject to public comment. Subsequently we
received one adverse comment, and therefore published a withdrawal of
the immediate final rule on October 23, 2000. After reviewing the
adverse comment, we hereby determine that Indiana's hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization.
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 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 EPA authorizes the State for these requirements. Thus,
EPA will implement those requirements and prohibitions in Indiana,
including issuing permits, until EPA authorizes the State for these
requirements and prohibitions.
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. 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:
Conduct inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements and suspend or revoke permits;
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 EPA is authorizing by
today's action are already effective, and are not changed by today's
action.
D. Proposed Rule
On July 26, 2000 (65 FR 45955) EPA published a proposed rule. In
that rule we proposed granting authorization of changes to Indiana's
hazardous waste program and opened our decision to public comment. The
Agency received one comment that stated that granting additional
regulatory powers to the State of Indiana could not be supported. The
comment criticized Indiana's handling of Clean Water Act and Clean Air
Act matters, however. It did not cite any specific RCRA issues, or
establish a basis for withholding authorization of a RCRA revision.
U.S. EPA annually reviews the RCRA program at which
[[Page 734]]
time it may convey any deficiencies to the State agency and make
suggestions for improvement. U.S. EPA found Indiana's RCRA program to
be satisfactory.
E. 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).
F. 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 a final decision, 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 page (and/or RCRA
Description of Federal requirement statutory authority) Analogous State authority
----------------------------------------------------------------------------------------------------------------
Sharing of Information with the November 8, 1984, SWDA 3019(b)................... IC 5-14-3; Effective
Agency for Toxic Substances and April 15, 1987.
Disease Registry Checklist SI.
HSWA Codification Rule; Delisting July 15, 1985, 50 FR 28702; June 27, 1989, 54 FR 329 IAC 3.1-5-3;
Checklist 17B as amended 27114. Effective April 18,
Checklist 17B.1. 1998.
Hazardous Waste Management September 10, 1992, 57 FR 41566.................. 329 IAC 3.1-4-1; 3.1-4-
Systems; Identification and 1(b); 3.1-6-1; 3.1-6-
Listing of Hazardous Waste; 2(4); 3.1-11-1; 13-1-1;
Recycled Used Oil Management 13-1-2; 13-2; 13-3-1; 13-
Standards Checklist 112. 3-2; 13-3-3; 13-4-1; 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.
Recycled Used Oil Management May 3, 1993, 58 FR 26420; June 17, 1993, 58 FR 329 IAC 3.1-6-1; 3.1-9-1;
Standards; Technical Amendments 33341. 3.1-9-2(1), (2); 3.1-10-
and Corrections I Checklist 122 1; 3.1-10-2(1), (2),
as amended checklist 122.1. (3), (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.
Identification and Listing of March 4, 1994, 59 FR 10550....................... 329 IAC 13-1-1; 13-1-2;
Hazardous Waste; Recycled Used 13-2; 13-3-1; 13-4-1; 13-
Oil Management Standards 6-2; 13-6-5; 13-6-7; 13-
(Technical Amendments and 7-4; 13-8-4; Effective
Corrections II) Checklist 130. March 5, 1997.
RCRA Expanded Public Participation December 11, 1995, 60 FR 63417................... 329 IAC 3.1-13-1; 3.1-13-
Checklist 148. 2(8), (9); 3.1-13-18;
3.1-13-19; 3.1-13-20;
Effective February 8,
1997.
Land Disposal Restrictions Phase April 8, 1996, 61 FR 15566....................... 329 IAC 3.1-12-1; 3.1-12-
III--Decharacterized Wastewaters, 2 (1 through 9)
Carbamate Wastes, and Spent Effective February 8,
Potliners; Final Rule Checklist 1997.
151 as amended.
Checklist 151.1 as amended........ April 8, 1996, 61 FR 15660....................... Effective February 8,
1997.
Checklist 151.2 as amended........ April 30, 1996, 61 FR 19117...................... Effective April 18, 1998.
Checklist 151.3 as amended........ June 28, 1996, 61 FR 33680....................... Effective November 30,
1997.
Checklist 151.4 as amended........ July 10, 1996, 61 FR 36419....................... Effective November 30,
1997.
Checklist 151.5 as amended........ August 26, 1996, 61 FR 43924..................... Effective April 18, 1998.
Checklist 151.6................... February 19, 1997, 62 FR 7502.................... Effective April 18, 1998.
Hazardous Waste Treatment, November 25, 1996, 61 FR 59931................... 329 IAC 3.1-1-7; 3.1-6-1;
Storage, and Disposal Facilities 3.1-6-2(4); 3.1-7-1; 3.1-
and Hazardous Waste Generators; 9-1; 3.1-10-1; 3.1-10-2
Organic Air Emissions Standards (1 through 4); 3.1-13-1;
for Tanks, Surface Impoundments, 3.1-13-2(8), (9);
and Containers; Final Rule Effective April 18,
Checklist 154 as amended. 1998.
Checklist 154.1 as amended........ December 6, 1994, 59 FR 62896....................
Checklist 154.2 as amended........ May 19, 1995, 60 FR 26828........................
Checklist 154.3................... September 29, 1995, 60 FR 50426..................
Checklist 154.4................... November 13, 1995, 60 FR 56952...................
Checklist 154.5................... February 9, 1996, 61 FR 4903.....................
Checklist 154.6................... June 5, 1996; 61 FR 28508........................
[[Page 735]]
Military Munitions Rule: Hazardous February 12, 1997, 62 FR 6622.................... 329 IAC 3.1-4-1; 3.1-4-
Waste Identification and 1(b); 3.1-6-1; 3.1-6-
Management; Explosives 2(1), (2); 3.1-7-7; 3.1-
Emergencies; Manifest Exemption 7-2(1); 3.1-7-3; 3.1-8-
for Transportation of Hazardous 1; 3.1-8-2(1); 3.1-9-1;
Waste on Rights-of-Ways on 3.1-9-2(1), (2); 3.1-10-
Contiguous Properties Checklist 1; 3.1-10-2(1), (2),
156. (3), (4); 3.1-11-1; 3.1-
13-1; 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 May 12, 1997, 62 FR 25998........................ 329 IAC 3.1-6-1; 3.1-6-
IV: Treatment Standards for Wood 2(1), (2), (13), (14);
Preserving Wastes, Paperwork 3.1-12-1; 3.1-12-2 (1
Reduction and Streamlining, through 5), (8), (10);
Exemptions from RCRA for Certain Effective April 18,
Processed Materials; and 1998.
Miscellaneous Hazardous Waste
Provisions Checklist 157.
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G. 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.
H. 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.
I. 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.
J. 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, 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
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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.
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
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 implements 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, Section 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
[[Page 737]]
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: December 14, 2000.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-35 Filed 1-3-01; 8:45 am]
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