[Federal Register Volume 66, Number 235 (Thursday, December 6, 2001)]
[Rules and Regulations]
[Pages 63331-63334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30269]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7110-7]
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 the changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The Agency published a proposed rule on August 17,
2001 at 66 FR 43143 and provided for public comment. The public comment
period ended on September 17, 2001. We received no comments. 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 be effective on December 6, 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 August 17, 2001, U.S. EPA published a
proposed rule proposing to grant 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. No comments were
received. 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 propose to 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 (except in Indian Country) 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,
[[Page 63332]]
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
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. Proposed Rule
On August 17, 2001 (66 FR 43143) 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 no comments on this proposal. 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); September 1,
1999, effective November 30, 1999 (64 FR 47692), and January 4, 2001,
effective January 4, 2001 (66 FR 733).
F. What Changes Are We Authorizing With Today's Action?
On March 16, 2001, 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 propose to grant Indiana Final authorization for the following
program changes: n
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Federal Register
Description of Federal date and page (and/ Analogous State
Requirement (include Checklist or RCRA statutory Authority
#, if relevant) authority)
------------------------------------------------------------------------
Hazardous and Used Oil Fuel November 8, 1984.. IC 13-30-6
Criminal Penalties; Checklist SWDA 3006(h), Effective 1996
CP. 3008(d), 3014. previously
codified at
IC 13-17-13-4
Effective 1985
IC 13-17-13-3
Effective 1986
Hazardous Waste Management June 13, 1997..... 329 IAC 3.1-1-7;
System; Testing and Monitoring 62 FR 32452....... 3.1-9-1; 3.1-10-
Activities; Checklist 158. 1; 3.1-11-1
Effective April 5,
2000
Hazardous Waste Management June 17, 1997..... 329 IAC 3.1-6-1;
System; Carbamate Production, 62 FR 32974....... 3.1-6-2(17); 3.1-
Identification and Listing of 6-2(18); 3.1-6-
Hazardous Waste; Land Disposal 2(19); 3.1-6-
Restrictions; Checklist 159. 2(20); 3.1-12-1;
3.1-12-2(10); 3.1-
12-2(12)
Effective April 5,
2000
Land Disposal Restrictions Phase July 14, 1997..... 329 IAC 3.1-12-1;
III--Emergency Extension of the 62 FR 37694....... 3.1-12-2(10)
K088 National Capacity Effective April 5,
Variance; Checklist 160. 2000
Organic Air Emission Standards December 8, 1997.. 329 IAC 3.1-9-1;
for Tanks, Surface 62 FR 64636....... 3.1-10-1; 3.1-13-
Impoundments, and Containers; 1; 3.1-13-2(8),
Clarification and Technical (9)
Amendment; Checklist 163. Effective April 5,
2000
Kraft Mill Steam Stripper April 15, 1998.... 329 IAC 3.1-6-1
Condensate Exclusion; Checklist 63 FR 18504....... Effective April 5,
164. 2000
Recycled Used Oil Management May 6, 1998....... 329 IAC 3.1-6-1;
Standards; Technical Correction 63 FR 24963....... 3.1-6-2(4); 13-1-
and Clarification; Checklist July 14, 1998..... 1; 13-1-2; 13-3-
166; as amended Checklist 166.1. 63 FR 37780....... 1; 13-3-1(b)(2);
13-4-3; 13-6-6;
13-7-5; 13-8-5;
13-9-5
Effective April 5,
2000
Land Disposal Restrictions Phase May 26, 1998...... 329 IAC 3.1-12-1;
IV--Treatment Standards for 63 FR 28556....... 3.1-12-2(6); 3.1-
Metal Wastes and Mineral 12-2(10); 3.1-12-
Processing Wastes. 2(12); 3.1-12-
Checklist 167A.................. 2(13)
Effective April 5,
2000
Land Disposal Restrictions Phase May 26, 1998...... 329 IAC 3.1-12-1;
IV--Hazardous Soils Treatment 63 FR 28556....... 3.1-12-2(1)(D);
Standards and Exclusions 3.1-12-2(2)(D);
Checklist 167B. 3.1-12-2(3); 3.1-
12-2(6)
Effective April 5,
2000
Land Disposal Restrictions Phase May 26, 1998...... 329 IAC 3.1-12-1;
IV--Corrections; Checklist 63 FR 28556....... 3.1-12-2(1)(C);
167C; as amended Checklist June 8, 1998...... 3.1-12-2(2)(C);
167C.1. 63 FR 31266....... 3.1-12-2(3); 3.1-
12-2(12); 3.1-12-
2(13)
Effective April 5,
2000
[[Page 63333]]
Bevill Exclusion Revisions and May 26, 1998...... 329 IAC 3.1-6-1
Clarification; Checklist 167E. 63 FR 28556....... Effective April 5,
2000
Exclusion of Recycled Wood May 26, 1998...... 329 IAC 3.1-6-1
Preserving Wastewaters; 63 FR 28556....... Effective April 5,
Checklist 167F. 2000
Hazardous Waste Combustors June 19, 1998..... 329 IAC 3.1-6-1;
Revised Standards; Checklist 63 FR 33782....... 3.1-13-1
168. Effective April 5,
2000
Petroleum Refining Process; August 6, 1998.... 329 IAC 3.1-6-1;
Checklist 169; as amended; 63 FR 42110....... 3.1-6-2(4); 3.1-6-
Checklist 169.1. October 9, 1998... 2(17); 3.1-6-
63 FR 54356....... 2(19); 3.1-11-1;
3.1-12-1; 3.1-12-
2(12)
Effective April 5,
2000
Land Disposal Restrictions Phase August 31, 1998... 329 IAC 3.1-12-1;
IV; Checklist 170. 63 FR 46332....... 3.1-12-2(12)
Effective April 5,
2000
Emergency Revisions of LDR September 4, 1998. 329 IAC 3.1-12-1;
Treatment Standards (Carbamate 63 FR 47409....... 3.1-12-2(12); 3.1-
Production); Checklist 171. 12-2(13)
Effective April 5,
2000
Emergency Revisions of LDR September 9, 1998. 329 IAC 3.1-12-1;
Treatment Standards 63 FR 48124....... 3.1-12-2(10)
(Characteristic Slags); Effective April 5,
Checklist 172. 2000
Land Disposal Restrictions September 24, 1998 329 IAC 3.1-12-1;
Treatment Standards (Spent 63 FR 51254....... 3.1-12-2(10); 3.1-
Potliners); Checklist 173. 12-2(12)
Effective April 5,
2000
Standards Applicable to Owners October 22, 1998.. 329 IAC 3.1-9-1;
and Operators of Closed/Closing 63 FR 56710....... 3.1-9-2(9); 3.1-
Facilities; Checklist 174. 10-1; 3.1-10-
2(11); 3.1-10-
2(12); 3.1-10-
2(13); 3.1-10-
2(14); 3.1-13-1;
3.1-13-2(1),(2),(
3),(4); 3.1-13-
2(8),(9); 3.1-13-
3; 3.1-13-4; 3.1-
13-5; 3.1-13-6;
3.1-13-7; 3.1-13-
8; 3.1-13-9; 3.1-
13-10; 3.1-13-11;
3.1-13-12; 3.1-13-
13; 3.1-13-14;
3.1-13-15; 3.1-13-
16; 3.1-13-17;
3.1-14; 3.1-15
Effective April 5,
2000
Hazardous Remediation Waste November 30, 1998. 329 IAC 3.1-4-1;
Management Requirements (HWIR 63 FR 65874....... 3.1-4-1(b); 3.1-6-
Media); Checklist 175. 1; 3.1-9-1; 3.1-9-
2(1),(2); 3.1-10-
1; 3.1-10-
2(1),(2),(3),(4);
3.1-12-1; 3.1-12-
2(6); 3.1-13-1;
3.1-13-2(15)
Effective April 5,
2000
Universal Waste Rule; Technical December 24, 1998. 329 IAC 3.1-11-1;
Amendment; Checklist 176. 63 FR 71225....... 3.1-11-2(3); 3.1-
16-1; 3.1-16-2(3)
Effective April 5,
2000
Organic Air Emission Standards; January 21, 1999.. 329 IAC 3.1-7-1;
Checklist 177. 64 FR 3381........ 3.1-9-1
Effective April 5,
2000
Petroleum Refining Process February 11, 1999. 329 IAC 3.1-6-1
Wastes; Checklist 178. 64 FR 6806........ Effective April 5,
2000
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G. Where Are the Revised State Rules Different From the Federal Rules?
Indiana has excluded the non-delegable Federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3 in their Incorporation
by Reference at 3.1-12-2 and 3.1-13-2(4). EPA will continue to
implement those 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. We reserve the amendment
of 40 CFR part 272, subpart P for this authorization of Indiana's
program changes until a later date.
J. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
[[Page 63334]]
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
federal government and Indian tribes.'' This rule does not have tribal
implications. It will not have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Indiana is not approved 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. Thus, Executive Order 13175 does not apply to this
rule.
This action will not 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, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 F.R. 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
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. EPA will submit a report containing this document 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 in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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: November 2, 2001.
Robert Springer,
Acting Regional Administrator, Region 5.
[FR Doc. 01-30269 Filed 12-5-01; 8:45 am]
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