[Federal Register Volume 69, Number 136 (Friday, July 16, 2004)]
[Rules and Regulations]
[Pages 42583-42584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16204]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 257

[FRL-7787-3]


Adequacy of Indiana Solid Waste Landfill Permit Programs Under 
RCRA Subtitle D

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Under Section 4005(c)(1)(C) of the Resource Conservation and 
Recovery Act (RCRA), EPA can approve state permit programs for solid 
waste disposal facilities that receive hazardous waste from 
conditionally exempt small quantity generators (CESQGs). A generator is 
a CESQG in a calendar month if he generates no more than 100 kilograms 
of hazardous waste in that month. CESQGs are subject to minimal record 
keeping and reporting requirements under RCRA, but must satisfy three 
basic regulatory requirements to remain exempt from the full scope of 
hazardous waste regulations that apply to other generators: compliance 
with hazardous waste determination requirements, compliance with 
storage quantity limits, and compliance with applicable hazardous waste 
treatment and disposal regulations. Federal regulations specify that 
CESQG hazardous waste must be disposed of in either: a hazardous waste 
landfill subject to RCRA Subtitle C; a state licensed or permitted 
municipal solid waste landfill (MSWLF) subject to the RCRA Subtitle D 
regulations; or a state licensed or permitted non-municipal, non-
hazardous waste disposal unit subject to the RCRA Subtitle D 
regulations. This document approves Indiana's regulation that requires 
that CESQG hazardous waste must be disposed of in either a permitted 
MSWLF subject to the RCRA Subtitle D regulations, or a hazardous waste 
facility subject to RCRA Subtitle C.
    EPA is publishing this rule to approve applicable regulations in 
Indiana without prior proposal because we believe this action is not 
controversial, and we do not expect comments that oppose it. Unless we 
receive written comments that oppose this approval during the comment 
period, the decision to approve the subject regulations in Indiana will 
take effect as scheduled. If we receive 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 approve the subject regulations for Indiana.

DATES: This direct final rule is effective on September 14, 2004, 
unless EPA receives relevant adverse written comment by August 16, 
2004. If EPA receives such comment, it will publish a timely withdrawal 
of this direct final rule in the Federal Register and inform the public 
that this rule will not take effect.

ADDRESSES: Send written comments to Ms. Susan Mooney, Waste Management 
Branch (Mail Code: DW-8J), U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604. Comments may also be submitted 
electronically to: [email protected] or by facsimile at (312) 353-
4788. Comments in electronic format should identify this specific 
notice. Documents pertaining to this regulatory docket can be viewed 
and copied during regular business hours at the EPA Region 5 office 
located at the address noted above.

FOR FURTHER INFORMATION CONTACT: For information on accessing documents 
or supporting materials related to this rule or for information on 
specific aspects of this rule, contact Susan Mooney, Waste Management 
Branch (Mail code: DW-8J), U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604, phone (312) 886-3585, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Under 40 CFR 261.5, ``Special Requirements for Hazardous Waste 
Generated by Conditionally Exempt Small Quantity Generators,'' which 
was promulgated on March 24, 1986 (51 FR 10174), CESQG waste could be 
disposed of only in an EPA or State regulated hazardous, municipal, 
industrial or miscellaneous waste landfill. At that time, EPA had 
promulgated rules only for hazardous waste landfills and MSWLFs, not 
for industrial or miscellaneous waste landfills that accepted CESQG 
waste. On July 1, 1996, EPA promulgated criteria under its solid waste 
program at 40 CFR Part 257, subpart B, for industrial waste and other 
non-municipal, non-hazardous waste landfills that accept CESQG waste 
(61 FR 34252-34278). In the same notice, EPA also revised its hazardous 
waste program regulations at 40 CFR 261.5 (f)(3) and 261.5 (g)(3) to 
allow the disposal of CESQG waste in non-municipal, non-hazardous waste 
landfills that meet the requirements of 40 CFR Part 257, subpart B, as 
well as in hazardous waste landfills or MSWLFs that meet appropriate 
Federal regulations.
    RCRA Section 4005 requires states to develop permitting programs or 
other systems of prior approval and conditions to ensure that solid 
waste disposal units that receive household hazardous waste or CESQG 
waste or both comply with the revised Federal criteria under parts 258 
and 257, subpart B. To fulfill this need, EPA issued the State 
Implementation Rule on October 23, 1998, (63 FR 57026) to provide a 
process for approving state permitting programs for municipal solid 
waste landfills and for non-municipal solid waste landfills that 
receive CESQG waste.
    On February 6, 2004, the Indiana Department of Environmental 
Management requested a review in accordance with RCRA Section 4005, of 
new Indiana regulations to determine whether the regulations are 
adequate to assure compliance with Federal disposal requirements for 
CESQG waste. Indiana regulation at 329 IAC 10-3-2 (c) requires CESQG 
waste to be disposed of in either a municipal solid waste

[[Page 42584]]

landfill permitted in accordance with 329 IAC 10 requirements or a 
hazardous waste landfill permitted in accordance with 329 IAC 3.1. This 
requirement became effective on March 30, 2004.
    Indiana's regulation satisfies the EPA requirements for the safe 
management of CESQG wastes. Therefore, pursuant to 40 CFR Part 239, EPA 
has determined that Indiana's regulation is adequate for EPA approval 
because it prohibits the disposal of CESQG wastes in landfills that do 
not meet relevant Federal requirements.

B. Decision

    After reviewing the relevant regulation for the State of Indiana 
(329 IAC 10-3-2 (c)), and finding that it is equivalent to, or more 
stringent than, the federal regulations at 40 CFR 261.5(f)(3) and 
(g)(3), EPA is granting Indiana a final determination of adequacy for 
its regulation pursuant to RCRA section 4005(c)(1)(C).

C. Statutory and Executive Order Reviews

    This rule approves state solid waste requirements pursuant to RCRA 
Section 4005 and imposes no Federal requirements (see SUPPLEMENTARY 
INFORMATION, above). Therefore, this rule complies with applicable 
executive orders and statutory provisions as follows: 1. Executive 
Order 12866: Regulatory Planning Review--The Office of Management and 
Budget has exempted this rule from its review under Executive Order 
(EO) 12866; 2. Paperwork Reduction Act--This rule does not impose an 
information collection burden under the Paperwork Reduction Act; 3. 
Regulatory Flexibility Act--After considering the economic impacts of 
today's rule on small entities under the Regulatory Flexibility Act, I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities; 4. Unfunded Mandates Reform Act--
Because this rule approves pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, this rule does not contain any unfunded mandate, 
or significantly or uniquely affect small governments, as described in 
the Unfunded Mandates Act; 5. Executive Order 13132: Federalism--EO 
13132 does not apply to this rule because this rule will not have 
federalism implications (i.e., there are no substantial direct effects 
on states, on the relationship between the national government and 
states, or on the distribution of power and responsibilities between 
federal and state governments); 6. Executive Order 13175: Consultation 
and Coordination with Indian Tribal Governments--EO 13175 does not 
apply to this rule because this rule will not have tribal implications 
(i.e., there are no substantial direct effects on one or more Indian 
tribes, 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); 7. Executive Order 13045: 
Protection of Children from Environmental Health & Safety Risks--This 
rule is not subject to EO 13045 because this rule is not economically 
significant and is not based on health or safety risks; 8. Executive 
Order 13211: Actions that Significantly Affect Energy Supply, 
Distribution, or Use--This rule is not subject to EO 13211 because this 
rulemaking is not a significant regulatory action as defined in EO 
12866; 9. National Technology Transfer Advancement Act--EPA approves 
state programs so long as the state programs meet the criteria 
delineated in RCRA. It would be inconsistent with applicable law for 
EPA, in its review of a state program, to require the use of any 
particular voluntary consensus standard in place of another standard 
that meets RCRA requirements. Thus, Section 12(d) of the National 
Technology Transfer and Advancement Act does not apply to this rule; 
10. Congressional Review Act--EPA will submit a report containing this 
rule and other information required by the Congressional Review Act (5 
U.S.C. 801 et seq.) 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. This direct final rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2). This direct final rule 
will be effective September 14, 2004.

List of Subjects in 40 CFR Part 257

    Municipal solid waste, hazardous waste, landfills, conditionally 
exempt small quantity generator (CESQG).

    Authority: This document is issued under the authority of 
Sections 2002 and 4005 of the Solid Waste Disposal Act, 42 U.S.C. 
6912 and 6945.

    Dated: June 16, 2004.
Bharat Mathur,
Acting Regional Administrator, US EPA, Region 5.
[FR Doc. 04-16204 Filed 7-15-04; 8:45 am]
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