[Federal Register: July 16, 2004 (Volume 69, Number 136)]
[Rules and Regulations]
[Page 42583-42584]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy04-7]
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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: mooney.susan@epa.gov 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
mooney.susan@epa.gov.
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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