[Federal Register: October 29, 2004 (Volume 69, Number 209)]
[Rules and Regulations]
[Page 63100-63103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc04-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7832-2]
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 April 20,
2004 and provided for public comment. The public comment period ended
on May 20, 2004. 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 October 29, 2004.
ADDRESSES: You can view and copy Indiana's application from 9 a.m. to 4
p.m. at the following addresses: Indiana Department of Environmental
Management, 100 North Senate, Indianapolis, Indiana, (mailing address
P.O. Box 6015, Indianapolis, Indiana 46206) contact Steve Mojonnier
(317) 233-1655, or 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 April 20, 2004, U.S. EPA published a
proposed rule (69 FR 21077) proposing to grant Indiana authorization
for changes to its Resource Conservation and Recovery Act program,
listed in section F 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
[[Page 63101]]
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 notice) 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 April 20, 2004 (69 FR 21077), 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), 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, 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:
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Federal Register
Description of federal (date and page
requirement (include checklist (and/or RCRA Analogous state
, if relevant) statutory authority
authority)
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Mineral Processing Secondary May 26, 1998, 63 329 IAC 3.1-6-1; 3.1-
Materials Exclusion Checklist FR 28556. 6-2 (2); Effective
167D. May 4, 2001.
Land Disposal Restrictions May 11, 1999, 64 329 IAC 3.1-6-1; 3.1-
Phase IV: Treatment Standards FR 25408. 6-2(2); 3.1-7-1; 3.1-
For Wood Preserving Wastes, 12-1; 3.1-12-
Treatment Standards for Metal 2(5),(7); Effective
Wastes, Zinc Micronutrient May 4, 2001.
Fertilizers, Carbamate
Treatment Standards, and K088
Treatment Standards Checklist
179.
Guidelines Establishing Test May 14, 1999, 64 329 IAC 3.1-1-7;
Procedures for the Analysis FR 26315. Effective May 4,
of Oil and Grease and Non- 2001.
Polar Material Under the
Clean Water Act and the
Resource Conservation and
Recovery Act Checklist 180.
Hazardous Waste Management July 6, 1999, 64 329 IAC 3.1-4-1; 3.1-
System; Modification of the FR 36466. 4-1(b); 3.1-6-1; 3.1-
Hazardous Waste Program; 9-1; 3.1-9-2(1); 3.1-
Hazardous Waste Lamps 10-1; 3.1-10-
Checklist 181. 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 September 30, 329 IAC 3.1-4-1; 3.1-
Hazardous Air Pollutants for 1999, 64 FR 4-(b); 3.1-6-1; 3.1-
Hazardous Waste Combustors. 52827. 9-1; 3.1-10-1; 3.1-
Checklist 182 as amended. 11-1; 3.1-13-1;
Effective May 4,
2001.
Checklist 182.1............... November 19,
1999, 64 FR
63209.
Land Disposal Restrictions October 20, 1999, 329 IAC 3.1-6-1; 3.1-
Phase IV; Final Rule 64 FR 56469. 6-2(17); 3.1-7-1;
Promulgating Treatment 3.1-12-1; Effective
Standards for Metal Wastes May 4, 2001.
and Mineral Processing
Wastes; Mineral Processing
Secondary Materials and
Bevill Exclusion Issues;
Treatment Standards for
Hazardous Soils, and
Exclusion of Recycled Wood
Preserving Wastewaters;
Technical Correction
Checklist 183.
[[Page 63102]]
180 Day Accumulation Time March 8, 2000, 65 329 IAC 3.1-7-1;
Under RCRA for Waste Water FR 12378. Effective May 4,
Treatment Sludges from the 2001.
Metal Finishing Industry
Checklist 184.
Organobromine Production March 17, 2000; 329 IAC 3.1-6-1; 3.1-
Wastes; Identification and 65 FR 14472. 6-2(17),(18),(19);
Listing of Hazardous Waste; 3.1-12-1; 3.1-12-
Land Disposal Restrictions; 2(10); Effective May
Listing of CERCLA Hazardous 4, 2001.
Substances, Reportable
Quantities Checklist 185.
Organobromine Production June 8, 2000; 65 329 IAC 3.1-6-1; 3.1-
Wastes; Petroleum Refining FR 36365. 12-1; Effective May
Wastes; Identification and 4, 2001.
Listing of Hazardous Waste;
Land Disposal Restrictions;
Final Rule and Correcting
Amendments Checklist 187.
NESHAPS: Standards for July 10, 2000; 65 329 IAC 3.1-6-1; 3.1-
Hazardous Air Pollutants for FR 42292. 9-1; 3.1-13-1;
Hazardous Waste Combustors; Effective July 3,
Final Rule, Technical 2002.
Correction Checklist 188 as
amended.
Checklist 188.1............... May 14, 2001, 66
FR 24270.
Hazardous Waste Management November 8, 2000, 329 IAC 3.1-6-1; 3.1-
System; Identification and 65 FR 67068. 6-2(17); 3.1-6-
Listing of Hazardous Waste; 2(19), (20); 3.1-12-
Chlorinated Alphatics 1; Effective July 3,
Production Wastes; Land 2002.
Disposal Restrictions for
Newly Identified Wastes;
CERCLA Hazardous Substance
Designation and Reportable
Quantities Checklist 189.
Deferral of Phase IV Standards December 26, 329 IAC 3.1-12-1;
for PCBs as a Constituent 2000; 65 FR Effective July 3,
Subject to Treatment in Soil 81373. 2002.
Checklist 190.
Storage, Treatment, May 16, 2001, 66 329 IAC 3.1-11-1;
Transportation, and Disposal FR 27218. Effective July 3,
of Mixed Waste Checklist 191. 2002.
Hazardous Waste Identification May 16, 2001, 66 329 IAC 3.1-6-1;
Rule (HWIR) Revisions to the FR 27266. Effective July 3,
Mixture and Derived-From 2002.
Rules Checklist 192A.
Land Disposal Restrictions May 16, 2001, 66 329 IAC 3.1-12-1;
Correction Checklist 192B. FR 27266. Effective July 3,
2002.
Change of Official EPA Mailing June 28, 2001, 66 329 IAC 3.1-1-7;
Address; Additional Technical FR 34374. Effective July 3,
Amendments and Corrections 2002.
Checklist 193.
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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. 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
[[Page 63103]]
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). This action does not have tribal implications
within the meaning of 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 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: October 19, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-24243 Filed 10-28-04; 8:45 am]
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