[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Proposed Rules]
[Pages 43143-43145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20790]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7035-3]
Indiana: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed 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
proposing to authorize the State's changes through this proposed final
action.
DATES: Written comments must be received on or before September 17,
2001.
ADDRESSES: Send written comments to Gary Westefer, Indiana Regulatory
Specialist, DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Please refer to Docket Number IN ARA18. We must receive your comments
by September 17, 2001. You can view and copy Indiana's application from
9:00 am to 4:00 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:
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, 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. What Happens if EPA Receives Comments that Oppose this Action?
If EPA receives comments that oppose this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
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, 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 propose to
grant Indiana Final authorization for the following program changes:
[[Page 43144]]
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Federal Register
Description of Federal date and page
requirement (include (and/or RCRA Analogous State
checklist #, if relevant) statutory authority
authority)
------------------------------------------------------------------------
Hazardous and Used Oil Fuel November 8, 1984, IC 13-30-6, Effective
Criminal Penalties Checklist SWDA 3006(h), 1996, previously
CP. 3008(d), 3014. codified at IC 13-17-
13-4, Effective
1985, IC 13-17-13-3,
Effective 1986.
Hazardous Waste, Management June 13, 1997, 62 329 IAC 3.1-1-7; 3.1-
System; Testing and FR 32452. 9-1; 3.1-10-1; 3.1-
Monitoring Activities 11-1, Effective
Checklist 158. April 5, 2000.
Hazardous Waste Management June 17, 1997, 62 329 IAC 3.1-6-1; 3.1-
System; Carbamate Production, FR 32974. 6-2(17); 3.1-6-
Identification and Listing of 2(18); 3.1-6-2(19);
Hazardous Waste; Land 3.1-6-2(20); 3.1-12-
Disposal Restrictions 1; 3.1-12-2(10); 3.1-
Checklist 159. 12-2(12), Effective
April 5, 2000.
Land Disposal Restrictions July 14, 1997 62 329 IAC 3.1-12-1; 3.1-
Phase III--Emergency FR 37694. 12-2(10), Effective
Extension of the K088 April 5, 2000.
National Capacity Variance
Checklist 160.
Organic Air Emission, December 8, 1997, 329 IAC 3.1-9-1; 3.1-
Standards for Tanks, Surface 62 FR 64636. 10-1; 3.1-13-1; 3.1-
Impoundments, and Containers; 13-2(8),(9),
Clarification and Technical Effective April 5,
Amendment Checklist 163. 2000.
Kraft Mill Steam Stripper April 15, 1998, 329 IAC 3.1-6-1,
Condensate Exclusion 63 FR 18504. Effective April 5,
Checklist 164. 2000.
Recycled Used Oil, Management May 6, 1998, 63 329 IAC 3.1-6-1; 3.1-
Standards; Technical FR 24963; July 6-2(4); 13-1-1; 13-1-
Correction and Clarification 14, 1998, 63 FR 2; 13-3-1; 13-3-
Checklist 166 as amended 37780. 1(b)(2); 13-4-3; 13-
Checklist 166.1. 6-6; 13-7-5; 13-8-5;
13-9-5, Effective
April 5, 2000.
Land Disposal Restrictions May 26, 1998, 63 329 IAC 3.1-12-1; 3.1-
Phase IV--Treatment Standards FR 28556. 12-2(6); 3.1-12-
for Metal Wastes and Mineral 2(10); 3.1-12-2(12);
Processing Wastes Checklist 3.1-12-2(13),
167A. Effective April 5,
2000.
Land Disposal Restrictions May 26, 1998, 63 329 IAC 3.1-12-1; 3.1-
Phase IV--Hazardous Soils FR 28556. 12-2(1)(D); 3.1-12-
Treatment Standards and 2(2)(D); 3.1-12-
Exclusions Checklist 167B. 2(3); 3.1-12-2(6),
Effective April 5,
2000.
Land Disposal Restrictions May 26, 1998, 63 329 IAC 3.1-12-1; 3.1-
Phase IV--Corrections FR 28556, June 12-2(1)(C); 3.1-12-
Checklist 167C as amended 8, 1998, 63 FR 2(2)(C); 3.1-12-
Checklist 167C.1. 31266. 2(3): 3.1-12-2(12),
3.1-12-2(13),
Effective April 5,
2000.
Bevill Exclusion Revisions and May 26, 1998, 63 329 IAC 3.1-6-1,
Clarification Checklist 167E. FR 28556. Effective April 5,
2000.
Exclusion of Recycled Wood May 26, 1998, 63 329 IAC 3.1-6-1,
Preserving Wastewaters FR 28556. Effective April 5,
Checklist 167F. 2000.
Hazardous Waste Combusters June 19, 1998, 63 329 IAC 3.1-6-1; 3.1-
Revised Standards Checklist FR 33782. 13-1, Effective
168. April 5, 2000.
Petroleum Refining Process August 6, 1998, 329 IAC 3.1-6-1; 3.1-
Checklist 169 as amended 63 FR 42110, 6-2(4); 3.1-6-2(17);
Checklist 169.1. October 9, 1998, 3.1-6-2(19); 3.1-11-
63 FR 54356. 1; 3.1-12-1; 3.1-12-
2(12), Effective
April 5, 2000.
Land Disposal Restrictions, August 31, 1998, 329 IAC 3.1-12-1; 3.1-
Phase IV Checklist 170. 63 FR 46332. 12-2(12), Effective
April 5, 2000.
Emergency Revisions of LDR September 4, 329 IAC 3.1-12-1; 3.1-
Treatment Standards 1998, 63 FR 12-2(12); 3.1-12-
(Carbanate Production) 47409. 2(13), Effective
Checklist 171. April 5, 2000.
Emergency Revisions of LDR September 9, 329 IAC 3.1-12-1; 3.1-
Treatment Standards 1998, 63 FR 12-2(10), Effective
(Characteristic Slags) 48124. April 5, 2000.
Checklist 172.
Land Disposal Restrictions September 24, 329 IAC 3.1-12-1; 3.1-
Treatment Standards (Spent 1998, 63 FR 12-2(10); 3.1-12-
Potliners) Checklist 173. 51254. 2(12), Effective
April 5, 2000.
Standards Applicable to Owners October 22, 1998, 329 IAC 3.1-9-1; 3.1-
and Operators of Closed/ 63 FR 56710. 9-2(9); 3.1-10-1;
Closing Facilities Checklist 3.1-10-2(11); 3.1-10-
174. 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, 329 IAC 3.1-4-1; 3.1-
Management Requirements (HWIR 1998, 63 FR 4-1(b); 3.1-6-1; 3.1-
Media) Checklist 175. 65874. 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; December 24, 329 IAC 3.1-11-1; 3.1-
Technical Amendment Checklist 1998, 63 FR 11-2(3); 3.1-16-1;
176. 71225. 3.1-16-2(3),
Effective April 5,
2000.
Organic Air Emission Standards January 21, 1999, 329 IAC 3.1-7-1; 3.1-
Checklist 177. 64 FR 3381. 9-1, Effective April
5, 2000.
Petroleum Refining Process February 11, 329 IAC 3.1-6-1,
Wastes Checklist 178. 1999, 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
[[Page 43145]]
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
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). 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.
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 FR 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.).
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: August 2, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-20790 Filed 8-16-01; 8:45 am]
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