[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47692-47696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22448]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6430-4]


Indiana: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Indiana has applied for final authorization of the revision to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The revision basically covers regulatory changes 
that appeared in the Federal Register between July 1, 1992 and June 30, 
1995, in addition, the revision includes Miscellaneous Units, and all 
minor rules appearing in the Federal Register between July 1, 1995 and 
June 30, 1997. The EPA has reviewed Indiana's application and 
determined that its hazardous waste program revision satisfies all of 
the requirements necessary to qualify for final authorization. EPA is 
authorizing the state program revision through this immediate final 
action. EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and does not anticipate 
adverse comments. However, in the proposed rules section of this 
Federal Register, EPA is publishing a separate document that will serve 
as a proposal to authorize the revision should the Agency receive 
adverse comment. Unless EPA receives adverse written comments during 
the review and comment period, the decision to authorize Indiana's 
hazardous waste program revision will take effect as provided below.

DATES: This final authorization for Indiana will become effective 
without further notice on November 30, 1999, unless EPA receives 
adverse comment by October 1, 1999. Should EPA receive such comments it 
will publish a timely withdrawal informing the public that the rule 
will not take effect.

ADDRESSES: Send written comments referring to Docket Number Indiana ARA 
14, to Gary Westefer, Indiana Regulatory Specialist, U.S. EPA Region 5, 
DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-
7450. Copies of the Indiana program revision application and the 
materials which EPA used in evaluating the revision are available for 
inspection and copying from 9:00 am to 4:00 pm at the following 
addresses: Indiana Department of Environmental Management, 100 North 
Senate, Indianapolis, Indiana, 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.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the RCRA, 
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
hazardous waste program changes, the States must revise their programs 
and apply for authorization of the revisions. Revisions to State 
hazardous waste programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must revise 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. Indiana

    Indiana initially received Final Authorization on January 31, 1986, 
effective January 31, 1986 (51 FR 3955) to implement its base hazardous 
waste management program. Indiana received authorization for revisions 
to its program on October 31, 1986 (51 FR 39752) effective December 31, 
1986, on January 5, 1988 (53 FR 128), effective January 19, 1988, on 
July 13, 1989 (54 FR29557), effective September 11, 1989, on July 23, 
1991 (56 FR 33717), effective September 23, 1991, on July 24, 1991 (56 
FR 33866), effective September 23, 1991, on July 29, 1991 (56 FR 
35831), effective September 27, 1991, on July 30, 1991 (56 FR 36010), 
effective September 30, 1991, on August 20, 1996 (61 FR 43008), 
effective October 21, 1996, and on August 20, 1996 (61 FR 43018), 
effective October 21, 1996.
    EPA uses 40 CFR part 272 for codification of the decision to 
authorize Indiana's program and for incorporation by reference of those 
provisions of its statutes and regulations that EPA will enforce under 
sections 3008, 3013 and 7003 of RCRA. The authorized Indiana RCRA 
program was incorporated by reference into the CFR on August 23, 1989 
(54 FR 34988) effective October 23, 1989. An update to this 
incorporation by reference is in process and will appear in 40 CFR part 
272, subpart P at a later date.
    On May 1, 1997, February 18, 1998 and June 22, 1999, Indiana 
submitted final complete program revision applications, seeking 
authorization of its program revision in accordance with 40 CFR 271.21. 
The EPA reviewed Indiana's applications, and now makes an immediate 
final decision, subject to receipt of adverse written comment, that 
Indiana's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final Authorization. 
Consequently, EPA intends to grant Indiana Final Authorization for the 
program modifications contained in the revision.
    Indiana is applying for authorization for changes and additions to 
the Federal RCRA implementing regulations that were promulgated between 
December 10, 1987 and June 30, 1997, as listed below:

----------------------------------------------------------------------------------------------------------------
                                            Federal Register date and
   Description of federal requirement      page [and/or RCRA statutory        Analogous state authority \1\
                                                    authority]
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Miscellaneous Units/      December 10, 1987, 52 FR       329 IAC 3.1-4-1, 3.1-9-1, 3.1-13-1
 Checklist 45.                             46496.                         effective February 24, 1992.

[[Page 47693]]

 
Hazardous Waste Miscellaneous Units       January 9, 1989, 54 FR 615...  329 IAC 3.1-13-1, 3.1-13-2(8),(9)
 (Clarification and Correction)/                                          effective February 24, 1992.
 Checklist 59.
Used Oil Filter Exclusion; Technical      July 1, 1992, 57 FR 29220....  329 IAC 3.1-6-1, 3.1-6-2(6) effective
 Correction/Checklist 107.                                                March 5, 1997.
Toxicity Characteristics Revision/        July 7, 1992, 57 FR 30657....  329 IAC 3.1-6-1, 3.1-6-2(6), 3.1-10-1,
 Checklist 108.                                                           3.1-10-2(18),(19) effective August 17,
                                                                          1996.
Land Disposal Restrictions for Newly      August 18, 1992, 57 FR 37194.  329 IAC 3.1-4-1, 3.1-6-1, 3.1-7-1, 3.1-
 Listed Wastes and Hazardous Debris/                                      9-1, 3.1-9-2(8), 3.1-10-1, 3.1-10-2,
 Checklist 109.                                                           3.1-10-2(12), 3.1-10-2(13), 3.1-12-1,
                                                                          3.1-12-2(1),(2),(3), 3.1-12-2(6), 3.1-
                                                                          12-2(8),(9), 3.1-13-1, 3.1-13-
                                                                          2(8),(9), 3.1-14, 3.1-15, 3.1-15-3
                                                                          effective August 17, 1996.
Coke By-Product Listings/Checklist 110..  August 18, 1992, 57 FR 37284.  329 IAC 3.1-6-1, 3.1-6-2(6) effective
                                                                          August 17, 1996.
Financial Responsibility for Third Party  September 16, 1992, 57 FR      329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-10-1,
 Liability, Closure and Post Closure/      42832.                         3.1-10-2(13), 3.1-14, 3.1-14-26
 Checklist 113.                                                           through 3.1-14-40, 3.1-15, 3.1-15-4,
                                                                          3.1-15-8, 3.1-15-9, 3.1-15-10
                                                                          effective May 1, 1996.
Standards Applicable to Owners and        September 1, 1988, 53 FR       329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-10-1,
 Operators of Hazardous Waste treatment,   33938.                         3.1-10-2(13), 3.1-14, 3.1-14-26
 storage and Disposal Facilities;                                         through 3.1-14-40, 3.1-15, 3.1-15-2,
 Liability Coverage/Checklist 113.1.                                      3.1-15-8, 3.1-15-9, 3.1-15-10
                                                                          effective May 1, 1996.
Liability Requirements; Technical         July 1, 1991, 56 FR 30200....  329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-10-1,
 Amendment/Checklist 113.2.                                               3.1-10-2(13), 3.1-14, 3.1-15, 3.1-15-
                                                                          8, 3.1-15-9, 3.1-15-10 effective May
                                                                          1, 1996.
Chlorinated Toluene Production Waste      October 15, 1992, 57 FR 47376  329 IAC 3.1-6-1 effective August 17,
 Listing/Checklist 115.                                                   1996.
Hazardous Soil Case-By-Case Capacity      October 20, 1992, 57 FR 47772  329 IAC 3.1-12-1, 3.1-12-2(10)
 Variance/Checklist 116.                                                  effective August 17, 1996.
Mixture and Derived-From Rules; Response  March 3, 1992, 57 FR 7628....  329 IAC 3.1-6-1 effective August 17,
 to Court Remand/Checklist 117A.                                          1996.
Mixture and Derived-From Rules;           June 1, 1992 57 FR 23062.....  329 IAC 3.1-6-1 effective August 17,
 Technical Correction/Checklist 117A.1.                                   1996.
Mixture and Derived-From Rules; Final     October 20, 1992 57 FR 49278.  329 IAC 3.1-6-1 effective August 17,
 Rule/Checklist 117A.2.                                                   1996.
Toxicity Characteristic Revision/         June 1, 1992 57 FR 23062.....  329 IAC. 3.1-6-1 effective August 17,
 Checklist 117B.                                                          1996.
Liquids in Landfills II/Checklist 118...  November 18, 1992 57 FR 54452  329 IAC 3.1-4-1, 3.1-9-1, 3.1-10-1, 3.1-
                                                                          10-2(20) effective August 17, 1996.
Toxicity Characteristic Revision; TCLP/   November 24, 1992 57 FR 55114  329 IAC 3.1-6-1 effective August 17,
 Checklist 119 as amended/Checklist       February 2, 1993 58 FR 6854..   1996.
 119.1.
Wood Preserving; Amendments to Listings   December 24, 1992 57 FR 61492  329 IAC 3.1-6-1, 3.1-9-1, 3.1-10-1
 and Technical Requirements/Checklist                                     effective August 17, 1996.
 120.
Corrective Action Management Units and    February 16, 1993 58 FR 8658.  329 IAC 3.1-4-1, 3.1-9-1, 3.1-10-1, 3.1-
 Temporary Units; Corrective Action                                       10-2(1),(2),(3), 3.1-12-1, 3.1-12-
 Provisions Under Subtitle C/Checklist                                    2(6), 3.1-13-1 effective August 17,
 121.                                                                     1996.
Land Disposal Restrictions; Renewal of    May 14, 1993 58 FR 28506.....  329 IAC 3.1-12-1, 3.1-12-2(10)
 the Hazardous Waste Debris Case-By-Case                                  effective August 17, 1996.
 Capacity Variance/Checklist 123.
Land Disposal Restrictions for Ignitable  May 24, 1993 58 FR 29860.....  329 IAC 3.1-9-1, 3.1-9-2(1),(2), 3.1-10-
 and Corrosive Characteristic Wastes                                      1, 3.1-10-2(1),(2),(3), 3.1-12-1, 3.1-
 Whose Treatment Standards. Were Vacated/                                 12-2(1),(2),(3),(4),(5),(6), 3.1-12-
 Checklist 124.                                                           2(8) effective August 17, 1996.
Testing and Monitoring Activities/        August 31, 1993 58 FR 46040..  329 IAC 3.1-1-7, 3.1-5-2, 3.1-6-1. 3.1-
 Checklist 126 as amended/Checklist       September 19, 1994 59 FR        9-1, 3.1-10-1, 3.1-10-2(20), 3.1-12-1,
 126.1.                                    47980.                         3.1-13-1 effective August 17, 1996.
Hazardous Waste Management System;        January 4, 1994 59 FR 458....  329 IAC 3.1-1-7, 3.1-6-1 effective
 Identification and Listing of Hazardous                                  August 17, 1996.
 Waste; Wastes from Wood Surface
 Protection/Checklist 128.
Hazardous Waste Management System;        March 24, 1994 59 FR 13891...  329 IAC 3.1-9-1, 3.1-10-1 effective
 Identification and Listing of Hazardous                                  August 17, 1996.
 Waste, Treatability Studies Sample
 Exclusion/Checklist 129.
Recordkeeping Instructions/Checklist 131  March 24, 1994 59 FR 13891...  329 IAC 3.1-9-1, 3.1-10-1 effective
                                                                          August 17, 1996.
Hazardous Waste Management System;        June 2, 1994 59 FR 28484.....  329 IAC 3.1-1-7 effective Augest 17,
 Identification and Listing of Hazardous                                  1996.
 Wastes; Wastes from Wood Surface
 Protection; Correction/Checklist 132.
Standards Applicable to Owners and        June 10, 1994 59 FR 29958....  329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-14-26
 Operators of Hazardous Waste Treatment,                                  through 3.1-14-40 effective May 1,
 Storage, and Disposal Facilites,                                         1996.
 Underground Storage Tanks, and
 Underground Injection Control Systems;
 Financial Assurance; Letter of Credit/
 Checklist 133.
Hazardous Waste Management System;        June 20, 1994 59 FR 31551....  329 IAC 3.1-6-1, 3.1-12-1, 3.1-12-
 Correction of Listing of P015-Beryllium                                  2(1),(2),(3) effective August 17,
 Powder/Checklist 134.                                                    1996.

[[Page 47694]]

 
Identification and Listing of Hazardous   July 28, 1994 59 FR 38536....  329 IAC 3.1-6-1, 3.1-6-2(4), 3.1-6-
 Waste; Amendments to Definition of                                       2(6), 3.1-11-1 effective August 17,
 Hazardous Waste/Checklist 135.                                           1996.
Standards for the Management of Specific  August 24, 1994 59 FR 43496..  329 IAC 3.1-11-1, 3.1-12-1 effective
 Hazardous Wastes; Amendment to Subpart                                   August 17, 1996.
 C--Recyclable Materials Used in a
 Manner Constituting Disposal; Final
 Rule/Checklist 136.
Land Disposal Restrictions Phase II--     September 19, 1994 59 FR       329 IAC 3.1-5-4, 3.1-6-1, 3.1-6-2(2),
 Universal Treatment Standards, and        47982.                         3.1-9-1, 3.1-9-2(1),(2), 3.1-10-1, 3.1-
 Treatment Standards for Organic          January 3, 1995 60 FR 242....   10-2(1),(2),(3), 3.1-11-1, 3.1-11-
 Toxicity Characteristic Waste and Newly                                  2(1), 3.1-12-1, 3.1-12-2 (1 through
 Listed Waste/Checklist 137 as amended/                                   6), 3.1-12-2(8) effective August 17,
 Checklist 137.1.                                                         1996.
Hazardus Waste Management System;         January 13, 1995 60 FR 3089..  329 IAC 3.1-1-7 effective August 17,
 Testing and Monitoring Activities/                                       1996.
 Checklist 139.
Hazardous Waste Management System;        February 9, 1995 60 FR 7824..  329 IAC 3.1-6-1 effective August 17,
 Carbamate Production Identification and  April 17, 1995 60 FR 19165...   1996.
 Listing of Harzardous Waste; and CERCLA  May 12, 1995 60 FR 25619.....
 Hazardous Substance Designation and
 Reportable Quantities/Checklist 140 as
 amended/Checklist 140.1 as amended/
 Checklist 140.2.
Hazardous Waste Management System;        April 4, 1995 60 FR 17001....  329 IAC 3.1-1-7 effective August 17,
 Testing and Monitoring Activities/                                       1996.
 Checklist 141.
Universal Waste Rule (Hazardous Waste     May 11, 1995 60 FR 25492.....  329 IAC 3.1-1-1, 3.1-1-9, 3.1-4-1, 3.1-
 Management System; Modification of the                                   6-1, 3.1-6-2(3), 3.1-7-1, 3.1-9-1, 3.1-
 Hazardous Waste Recycling Regulatory                                     9-2(1),(2), 3.1-10-1, 3.1-10-
 Program); General Provisions/Checklist                                   2(1),(2),(3), 3.1-12-1, 3.1-12-
 142A.                                                                    2(4),(5), 3.1-13-1, 3.1-16-1, 3.1-16-
                                                                          2(1), 3.1-16-2(3), 3.1-16-2(5), 3.1-16-
                                                                          2(7) effective September 6, 1996.
Universal Waste Rule (Hazardous Waste     May 11, 1995 60 FR 25492.....  329 IAC 3.1-4-1, 3.1-6-1, 3.1-6-2(4),
 Management System; Modification of the                                   3.1-9-1, 3.1-9-2(1),(2), 3.1-10-1, 3.1-
 Hazardous Waste Recycling Regulatory                                     10-2(1),(2),(3), 3.1-11-1, 3.1-12-1,
 Program); Specific Provisions for                                        3.1-12-2(4),(5), 3.1-13-1, 3.1-16-1,
 Batteries/Checklist 142B.                                                3.1-16-2(1 through 7) effective
                                                                          September 6, 1996.
Universal Waste Rule (Hazardous Waste     May 11, 1995 60 FR 25492.....  329 IAC 3.1-4-1, 3.1-6-1, 3.1-9-1, 3.1-
 Management System; Modification of the                                   9-2(1),(2), 3.1-10-1, 3.1-10-
 Hazardous Waste Recycling Regulatory                                     2(1),(2),(3), 3.1-12-1, 3.1-12-
 Program); Specific Provisions for                                        2(4),(5), 3.1-13-1, 3.1-16-1, 3.1-16-
 Pesticides/Checklist 142C.                                               2(1 through 7) effective September 6,
                                                                          1996.
Universal Waste Rule (Hazardous Waste     May 11, 1995 60 FR 25492.....  329 IAC 3.1-4-1, 3.1-6-1, 3.1-9-1, 3.1-
 Management System; Modification of the                                   9-2(1),(2), 3.1-10-1, 3.1-10-
 Hazardous Waste Recycling Regulatory                                     2(1),(2),(3), 3.1-12-1, 3.1-12-
 Program); Specific Provisions for                                        2(4),(5), 3.1-13-1, 3.1-16-1, 3.1-16-
 Thermostats/Checklist 142D.                                              2(1 through 7) effective September 6,
                                                                          1996.
Universal Waste Rule (Hazardous Waste     May 11, 1995 60 FR 25492.....  329 IAC 3.1-5-2, 3.1-16-1, 3.1-16-2(8)
 Management System; Modification of the                                   effective September 6, 1996.
 Hazardous Waste Recycling Regulatory
 Program); Provisions for Petitions to
 add a New Universal Waste/Checklist
 142E.
Solid Waste, Hazardous Waste, Oil         June 29, 1995 60 FR 33912....  329 IAC 3.1-6-1, 3.1-11-1, 3.1-13-1,
 Discharge and Superfund Programs;                                        3.1-13-2(6), 3.1-13-3 effective August
 Removal of Legally Obsolete Rules/                                       17, 1996.
 Checklist 144.
Hazardous Waste Management; Liquids in    July 11, 1995 60 FR 35703....  329 IAC 3.1-9-1, 3.1-10-1, 3.1-10-2(20)
 Landfills/Checklist 145.                                                 effective February 8, 1997.
Identification and Listing of Hazardous   March 26, 1996 61 FR 13103...  329 IAC 3.1-6-1, 3.1-6-2(6) effective
 Waste; Amendments to Definition of                                       February 8, 1997.
 Solid Waste/Checklist 150.
Imports and Exports of Hazardous Waste:   April 12, 1996 61 FR 16289...  329 IAC 3.1-6-1, 3.1-6-2(4), 3.1-7-1,
 Implementation of OECD Council Decision/                                 3.1-7-2(5), 3.1-7-2(7),(8), 3.1-7-16,
 Checklist 152.                                                           3.1-8-1, 3.1-8-2(1 through 3), 3.1-9-
                                                                          1, 3.1-9-2(6), 3.1-10-1, 3.1-10-2(8),
                                                                          3.1-11-1, 3.1-16-1 effective April 18,
                                                                          1998.
Criteria for Classification of Solid      July 1, 1996 61 FR 34252.....  329 IAC 3.1-6-1 effective April 18,
 Waste Disposal Facilities and                                            1998.
 Practices; Identification and Listing
 of Hazardous Waste; Requirements for
 Authorization of State Hazardous Waste
 Programs/Checklist 153.
Land Disposal Restrictions Phase III      January 14, 1997 62 FR 1992..  329 IAC 3.1-12-1 effective April 18,
 Emergency Extension of the K088                                          1998.
 Capacity Variance/Checklist 155.
----------------------------------------------------------------------------------------------------------------
\1\ The Indiana provisions are from the Indiana Administrative Code, unless otherwise stated.

    EPA shall administer any RCRA hazardous waste permits, or portions 
of permits, that contain conditions based upon the Federal program 
provisions for which the State is applying for authorization and which 
were issued by EPA prior to the effective date of this authorization. 
EPA will suspend issuance of any further permits under

[[Page 47695]]

the provisions for which the State is being authorized on the effective 
date of this authorization. This program revision does not grant 
Indiana the authority to operate the Federal program in Indian country, 
within the State of Indiana, as defined in 18 U.S.C. 1151.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial program revision and do not anticipate 
adverse comment. However in the ``Proposed Rules'' section of today's 
Federal Register, we are publishing a separate document that will serve 
as the proposal to authorize the revision if we receive adverse 
comments. This authorization will become effective without further 
notice on November 30, 1999, unless EPA receives adverse comment by 
October 1, 1999. Should EPA receive such comments it will publish a 
timely withdrawal informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final 
action based on the proposed rule. EPA may not provide additional 
opportunity for comment. Any parties interested in commenting must do 
so at this time.
    The public may submit written comments on EPA's immediate final 
decision until October 1, 1999. Copies of Indiana's application for 
program revision are available for inspection and copying at the 
locations indicated in the ADDRESSES section of this document. The 
ADDRESSES section also indicates where to send written comments on this 
action.

C. Decision

    I conclude that Indiana's application for program revision 
authorization meets all of the statutory and regulatory requirements 
established by RCRA. Accordingly, EPA grants Indiana Final 
Authorization to operate its hazardous waste program as revised. 
Indiana now has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and for carrying out the aspects 
of the RCRA program described in its revised program application, 
subject to the limitations of the HSWA. Indiana also has primary 
enforcement responsibilities, although EPA retains the right to conduct 
inspections under section 3007 of RCRA, and to take enforcement actions 
under sections 3008, 3013 and 7003 of RCRA.

D. Codification in Part 272

    The EPA uses 40 CFR part 272 for codification of the decision to 
authorize Indiana's program and for incorporation by reference of those 
provisions of its statutes and regulations that EPA will enforce under 
sections 3008, 3013 and 7003 of RCRA. EPA reserves amendment of 40 CFR 
part 272, subpart P until a later date.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that section 202 and 205 requirements do not 
apply to today's action because this rule does not contain a Federal 
mandate that may result in annual expenditures of $100 million or more 
for State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the Indiana program, and today's action does not impose any 
additional obligations on regulated entities. In fact, EPA's approval 
of State programs generally may reduce, not increase, compliance costs 
for the private sector. Further, as it applies to the State, this 
action does not impose a Federal intergovernmental mandate because UMRA 
does not include duties arising from participation in a voluntary 
federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate TSDFs, they are already subject to the regulatory 
requirements under the existing State laws that are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if the agency's administrator certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    The EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under the existing State laws that are now being 
authorized by EPA. The EPA's authorization does not impose any 
significant additional burdens on these small entities. This is because 
EPA's authorization would simply result in an administrative change, 
rather than a change in the substantive requirements imposed on these 
small entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. It does not impose any new burdens 
on

[[Page 47696]]

small entities. This rule, therefore, does not require a regulatory 
flexibility analysis.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

Compliance with Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies 
with consulting, Executive Order 12875 requires EPA to provide to the 
Office of Management and Budget a description of the extent of EPA's 
prior consultation with representatives of affected State, local and 
tribal governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    This rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. The State administers its hazardous waste program 
voluntarily, and any duties on other State, local or tribal 
governmental entities arise from that program, not from this action. 
Accordingly, the requirements of Executive Order 12875 do not apply to 
this rule.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) the 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions based on environmental health or safety 
risks.

Compliance With Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This rule is not subject to E.O. 13084 because it does not 
significantly or uniquely affects the communities of Indian tribal 
governments. Indiana is not authorized to implement the RCRA hazardous 
waste program in Indian country.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 272

    Environmental Protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    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).
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-22448 Filed 8-31-99; 8:45 am]
BILLING CODE 6560-50-P