[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Proposed Rules]
[Pages 21077-21079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8910]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7649-9]
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 May 20, 2004.
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 ARA19. We must receive your comments
by May 20, 2004. 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, or Steve Mojonnier (317) 233-1655; 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?
This decision means that a facility in Indiana subject to RCRA will
now have to comply with the authorized State requirements (listed in
section F of this action) 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. 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), January 4, 2001
effective January 4, 2001 (66 FR 733), and December 6, 2001 effective
December 6, 2001 (66 FR 63331).
F. What Changes Are We Authorizing With Today's Action?
On March 26, 2003, 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 21078]]
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Federal Register date and
Description of Federal Requirement (include page (and/or RCRA Analogous State Authority
checklist , if relevant) statutory authority)
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Mineral Processing Secondary Materials Exclusion May 26, 1998, 63 FR 28556. 329 IAC 3.1-6-1; 3.1-6-2(2).
Checklist 167D. Effective May 4, 2001.
Land Disposal Restrictions Phase IV: Treatment May 11, 1999, 64 FR 25408. 329 IAC 3.1-6-1; 3.1-6-2(2);
Standards For Wood Preserving Wastes, Treatment 3.1-7-1; 3.1-12-1; 3.1-12-
Standards for Metal Wastes, Zinc Micronutrient 2(5), (7). Effective May 4,
Fertilizers, Carbamate treatment Standards, and 2001.
K088 Treatment Standards Checklist 179.
Guidelines Establishing Test Procedures for the May 14, 1999, 64 FR 26315. 329 IAC 3.1-1-7; Effective May
Analysis of Oil and Grease and Non-Polar Material 4, 2001.
Under the Clean Water Act and the Resource
Conservation and Recovery Act Checklist 180.
Hazardous Waste Management System; Modification of July 6, 1999, 64 FR 36466. 329 IAC 3.1-4-1; 3.1-4-1(b);
the Hazardous Waste Program; Hazardous Waste Lamps 3.1-6-1; 3.1-9-1; 3.1-9-2(1);
Checklist 181. 3.1-10-1; 3.1-10-2(1),(2)(3);
3.1-12-1; 3.1-12-2(4); 3.1-13-
1; 3.1-13-2(1),(2)(3); 3.1-13-
3 through 3.1-13-17; 3.1-16-1;
3.1-16-2(a)(1); 3.1-16-
2(a)(4); 3.1-16-2(a)(5); 3.1-
16-2(a)(8); 3.1-16-2(b).
Effective May 4, 2001.
NESHAPS: Final Standards for Hazardous Air September 30, 1999, 64 FR 329 IAC 3.1-4-1; 3.1-4-1(b);
Pollutants for Hazardous Waste Combustors 52827; November 19, 1999 3.1-6-1; 3.1-9-1; 3.1-10-1;
Checklist 182 as amended Checklist 182.1. 64 FR 63209. 3.1-11-1; 3.1-13-1. Effective
May 4, 2001.
Land Disposal Restrictions Phase IV; Final Rule October 20, 1999, 64 FR 329 IAC 3.1-6-1; 3.1-6-2(17);
Promulgating Treatment Standards for Metal Wastes 56469. 3.1-7-1; 3.1-12-1. Effective
and Mineral Processing Wastes; Mineral Processing May 4, 2001.
Secondary Materials and Bevill Exclusion Issues;
Treatment Standards for Hazardous Soils, and
Exclusion of Recycled Wood Preserving Wastewaters;
Technical Correction Checklist 183.
180 Day Accumulation Time Under RCRA for Waste March 8, 2000, 65 FR 12378 329 IAC 3.1-7-1. Effective May
Water Treatment Sludges from the Metal Finishing 4, 2001.
Industry Checklist 184.
Organobromine Production Wastes; Identification and March 17, 2000, 65 FR 329 IAC 3.1-6-1; 3.1-6-
Listing of Hazardous Waste; Land Disposal 14472. 2(17),(18),(19); 3.1-12-1; 3.1-
Restrictions; Listing of CERCLA Hazardous 12-2(10). Effective May 4,
Substances, Reportable Quantities Checklist 185. 2001.
Organobromine Production Wastes; Petroleum Refining June 8, 2000, 65 FR 36365. 329 IAC 3.1-6-1; 3.1-12-1.
Wastes; Identification and Listing of Hazardous Effective May 4, 2001.
Waste; Land Disposal Restrictions; Final Rule and
Correcting Amendments Checklist 187.
NESHAPS: Standards for Hazardous Air Pollutants for July 10, 2000, 65 FR 329 IAC 3.1-6-1; 3.1-9-1;3.1-13-
Hazardous Waste Combustors; Final Rule, Technical 42292; May 14, 2001, 66 1. Effective July 3, 2002.
Correction Checklist 188 as amended Checklist FR 24270.
188.1.
Hazardous Waste Management System; Identification November 8, 2000, 65 FR 329 IAC 3.1-6-1; 3.1-6-2(17);
and Listing of Hazardous Waste; Chlorinated 67068. 3.1-6-219),(20); 3.1-12-1.
Alphatics Production Wastes; Land Disposal Effective July 3, 2002.
Restrictions for Newly Identified Wastes; CERCLA
Hazardous Substance Designation and Reportable
Quantities Checklist 189.
Deferral of Phase IV Standards for PCBs as a December 26, 2000, 65 FR 329 IAC 3.1-12-1. Effective
Constituent Subject to Treatment in Soil Checklist 81373. July 3, 2002.
190.
Storage, Treatment, Transportation, and Disposal of May 16, 2001, 66 FR 27218. 329 IAC 3.1-11-1. Effective
Mixed Waste Checklist 191. July 3, 2002.
Hazardous Waste Identification Rule (HWIR) May 16, 2001, 66 FR 27266. 329 IAC 3.1-6-1. Effective July
Revisions to the Mixture and Derived-From Rules 3, 2002.
Checklist 192A.
Land Disposal Restrictions Correction Checklist May 16, 2001, 66 FR 27266. 329 IAC 3.1-12-1. Effective
192B. July 3, 2002.
Change of Official EPA Mailing Address; Additional June 28, 2001, 66 FR 34374 329 IAC 3.1-1-7. Effective July
Technical Amendments and Corrections Checklist 193. 3, 2002.
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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.
[[Page 21079]]
I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Indiana?
Indiana is not authorized to carry out its hazardous waste program
in ``Indian Country'', as defined in 18 U.S.C. 1151. Indian Country
includes:
1. All lands within the exterior boundaries of Indian reservations
within or abutting the State of Indiana;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country. Therefore, this action has no effect on
Indian Country. EPA retains the authority to implement and administer
the RCRA program in Indian Country. However, at this time, there is no
Indian Country within the State of Indiana.
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. Indiana's rules, up to
and including those revised January 4, 2001, have previously been
codified through the incorporation-by-reference effective December 24,
2001 (66 FR 53728, October 24, 2001). We reserve the amendment of 40
CFR part 272, subpart P for the codification of Indiana's program
changes until a later date.
K. 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 section
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
13175 (65 FR 67249, November 9, 2000). 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
action 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 section 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. This rule
does not include environmental justice issues that require
consideration under Executive Order 12898 (59 FR 7629, February 16,
1994). 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 materials transportation,
Hazardous waste, Indians-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: March 30, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-8910 Filed 4-19-04; 8:45 am]
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