[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Rules and Regulations]
[Pages 53724-53730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26682]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-7014-9 ]


Indiana: Incorporation by Reference of Approved State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Under the Resource Conservation and Recovery Act of 1976, as 
amended (RCRA), the EPA may grant States Final Authorization to operate 
their hazardous waste management programs in lieu of the Federal 
program. EPA uses part 272 of Title 40 Code of Federal Regulations 
(CFR) to provide notice of the authorization status of State programs 
and to incorporate by reference those provisions of the State statutes 
and regulations that are part of the authorized State program. The 
purpose of this action is to codify Indiana's authorized hazardous 
waste program in 40 CFR part 272. This rule incorporates by reference 
provisions of Indiana's hazardous waste statutes and regulations and 
clarifies which of these provisions are authorized and federally 
enforceable. Unless adverse written comments are received during the 
comment period, the EPA's decision to incorporate by reference 
Indiana's authorized hazardous waste program will take effect as 
provided.

DATES: This document will become effective December 24, 2001 without 
further notice, if EPA receives no adverse comment on this rule by 
November 23, 2001. Should the Agency receive such comments, it will 
withdraw this rule before its effective date by publishing a withdrawal 
in the Federal Register. The Director of the Federal Register approved 
the incorporation by reference of the Indiana statutes and regulations 
contained in this rule as of December 24, 2001.

ADDRESSES: Send written comments to Gary Westefer, Indiana Regulatory 
Specialist, U.S. EPA Region 5, DM-7J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450.

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. Background

    Section 3006 of RCRA, 42 U.S.C. 6926 et seq., allows the EPA to 
authorize State hazardous waste programs to operate in the State in 
lieu of the Federal hazardous waste program. EPA

[[Page 53725]]

provides notice of its authorization of State programs in 40 CFR part 
272 and incorporates by reference therein the State statutes and 
regulations that are a part of the authorized State program under RCRA. 
This effort provides clearer notice to the public of the scope of the 
authorized programs. The incorporation by reference of State authorized 
programs in the CFR should substantially enhance the public's ability 
to discern the current status of the authorized State program and 
clarify the extent of Federal enforcement authority.
    Effective August 23, 1989 (54 FR 34988), EPA incorporated by 
reference Indiana's then authorized hazardous waste program. The 
purpose of today's Federal Register document is to incorporate by 
reference EPA's authorization of Indiana's subsequent nine revisions to 
that program. This rule incorporates by reference provisions of State 
hazardous waste statutes and regulations and clarifies which of these 
provisions are included in the authorized and Federally enforceable 
program.

B. Indiana Authorized Hazardous Waste Program

    Indiana received Final Authorization for its RCRA hazardous waste 
base program on January 31, 1986, effective January 31, 1986 (51 FR 
3955). EPA incorporated by reference the then authorized hazardous 
waste program in subpart P of 40 CFR part 272. The State statutes and 
regulations are incorporated by reference at 40 CFR 272.751, and the 
Memorandum of Agreement, the Attorney General's Statement and the 
Program Description are referenced at Sec. 272.751(b)(5),(b)(6), and 
(b)(7), respectively.
    Since the initial codification, Indiana has received authorization 
for revisions to its program on 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) (this 
was a renumbering of Indiana's regulations from 320 IAC 4.1 to 329 IAC 
3); 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 43008) (this was a renumbering of 
Indiana's regulations from 329 IAC 3 to 329 IAC 3.1); August 20 1996, 
effective October 21, 1996 (61 FR 43018); September 1, 1999, effective 
November 30, 1999 (64 FR 47692); and on January 4, 2001, effective 
January 4, 2001 (66 FR 733). In this document EPA is revising the 
incorporation by reference of Indiana's authorized hazardous waste 
program in subpart P of 40 CFR part 272, to include these revisions.
    The Agency retains the authority under sections 3007, 3008, 3013 
and 7003 of RCRA to undertake enforcement actions in authorized States. 
With respect to such an enforcement action, the Agency will rely on 
Federal sanctions, Federal inspection authorities, and the Federal 
Administrative Procedure Act rather than the authorized State analogues 
to these requirements. Therefore, the Agency does not intend to 
incorporate by reference for purposes of enforcement such particular, 
authorized Indiana enforcement authorities. Section 272.751(b)(2) of 40 
CFR lists those enforcement authorities that are part of the authorized 
program but are not incorporated by reference.
    The public also needs to be aware that some provisions of a State's 
hazardous waste management program are not part of the Federally 
authorized State program. These nonauthorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal provisions which the State incorporated into its 
regulations when the State adopted Federal regulations by reference, 
but for which the State is not authorized;
    At this time, Indiana has adopted but is not authorized for the 
Corrective Action for Injection Wells portion of HSWA Codification Rule 
2 published in the FR on December 1, 1987 (52 FR 45788); and the 
Federal rules published in the FR on February 21, 1991 (56 FR 7134); 
July 17, 1991 (56 FR 32688); August 27, 1991 (56 FR 42504); September 
5, 1991 (56 FR 43754); February 18, 1992 (57 FR 5859); August 25, 1992 
(57 FR 38558); September 30, 1992 (57 FR 44999); July 20, 1993 (58 FR 
38816); November 9, 1993 (58 FR 59598); May 12, 1997 (61 FR 25998); 
June 13, 1997 (62 FR 32452); June 17, 1997 (62 FR 32974); July 14, 1997 
(62 FR 37694) August 28, 1997 (62 FR 45568); December 8, 1997 (62 FR 
64636); April 15, 1998 (63 FR 18504); May 6, 1998 (63 FR 24963); May 
26, 1998 (63 FR 28556); June 8, 1998 (63 FR 31266); June 19, 1998 (63 
FR 33782); July 14, 1998 (63 FR 37780); August 6, 1998 (63 FR 42110); 
August 31, 1998 (63 FR 46332); September 4, 1998 (63 FR 47409); 
September 9, 1998 (63 FR 48124); September 24, 1998 (63 FR 51254); 
October 9, 1998 (63 FR 54356); October 22, 1998 (63 FR 56710); November 
30, 1998 (63 FR 65874); December 24, 1998 (63 FR 71225); January 21, 
1999 (64 FR 3381) and February 11, 1999 (64 FR 6806). Therefore these 
Federal amendments included in Indiana's adoption by reference at 329 
IAC 3.1 are not part of the State's authorized program and are not part 
of the incorporation by reference addressed by today's FR document.
    Since EPA cannot enforce a State's requirements which have not been 
reviewed and authorized in accordance with RCRA section 3006 and 40 CFR 
part 271, it is important to clarify any limitations on the scope of a 
State's authorized hazardous waste program. Thus, in those instances 
where a State's method of adopting Federal law by reference has the 
effect of including unauthorized requirements, or where a State has 
made unauthorized amendments to previously authorized sections of State 
code, EPA will provide this clarification by: (1) Incorporating by 
reference the relevant State legal authorities according to the 
requirements of the Office of Federal Register; and (2) subsequently 
identifying in 40 CFR 272.751(b)(4), any requirements which while 
adopted and incorporated by reference, are not authorized by EPA, and 
therefore are not Federally enforceable. Thus, notwithstanding the 
language in the Indiana hazardous waste regulations incorporated by 
reference at 40 CFR 272.751(b)(1), EPA will only enforce the State 
provisions that are actually authorized by EPA. For the convenience of 
the regulated community, the actual State regulatory text authorized by 
EPA for the citations listed at 40 CFR 272.751(b)(1) is compiled as a 
separate document, Addendum to the EPA-Approved Indiana Regulatory and 
Statutory Requirements Applicable to the Hazardous Waste Management 
Program, March 2001. This document is available from U.S. EPA Region 5, 
DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, attention 
Gary Westefer. With respect to HSWA requirements for which the State 
has not yet been authorized, EPA will continue to enforce the Federal 
HSWA standards until the State receives specific HSWA authorization 
from EPA.

C. HSWA Provisions

    The Agency is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) take effect in authorized and not 
authorized States at the same time. A HSWA requirement or

[[Page 53726]]

prohibition supersedes any less stringent or inconsistent State 
provision which may have been previously authorized by EPA (50 FR 
28702, July 15, 1985). EPA has the authority to implement HSWA 
requirements in all States, including authorized States, until the 
States become authorized for such requirement or prohibition. 
Authorized States are required to revise their programs to adopt the 
HSWA requirements and prohibitions, and then to seek authorization for 
those revisions pursuant to 40 CFR part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), EPA 
will wait until the State receives authorization for its analog to the 
new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirements implemented by EPA. However, until EPA authorizes those 
State requirements, EPA can only enforce the HSWA requirements and not 
the State analogs. EPA will not codify those State requirements until 
the State receives authorization for those requirements.

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.
    The section 202 and 205 requirements do not apply to today's action 
because it is not a ``Federal mandate'' and because it does not impose 
annual costs of $100 million or more for State, local and/or tribal 
governments in the aggregate, or the private sector. Today's action 
contains no Federal mandates for State, local or tribal governments or 
the private sector because it does not impose new or additional 
enforceable duties on any State, local or tribal governments or the 
private sector. This rule merely incorporates by reference existing 
requirements with which regulated entities must already comply under 
State and Federal law. For this same reason, this action will not 
result in annual expenditures of $100 million or more for State, local, 
and/or tribal governments in the aggregate, or the private sector 
because it incorporates by reference an existing State program that EPA 
previously authorized. Cost to the State, local and/or tribal 
governments, and to regulated entities already exist under the 
authorized program. 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 it 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 treatment, storage, and disposal facilities, this 
codification incorporates into the CFR Indiana's requirements which EPA 
already authorized under 40 CFR part 271. Small governments are not 
subject to any additional significant or unique requirements by virtue 
of this action.

Certification Under the Regulatory Flexibility Act (RFA), as 
Amended by the Small Business Regulatory Enforcement Fairness Act 
of 1996 (SBREFA), 5 U.S.C. 601 et seq.

    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 RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this codification on 
small entities, I certify pursuant to the provision at 5 U.S.C. 605(b), 
that this codification will not have a significant economic impact on a 
substantial number of small entities. This action does not impose any 
new requirements on small entities because small entities that are 
hazardous waste generators, transporters, or that own and/or operate 
TSDFs are already subject to the regulatory requirements under the 
State laws authorized by EPA under 40 CFR part 271. This codification 
incorporates Indiana's requirements which have been authorized by EPA 
under 40 CFR part 271 into the CFR. The EPA's codification does not 
impose any additional burdens on these small

[[Page 53727]]

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 12898: Environmental Justice

    Under Executive Order 12898, ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations' as well as through EPA's April 1995, ``Environmental 
Justice Strategy, OSWER Environmental Justice Task Force Action Agenda 
Report,'' and National Environmental Justice Advisory Council, EPA has 
undertaken to incorporate environmental justice into its policies and 
programs. EPA is committed to addressing environmental justice 
concerns, and is assuming a leadership role in environmental justice 
initiatives to enhance environmental quality for all residents of the 
United States. The Agency's goals are to ensure that no segment of the 
population, regardless of race, color, national origin, or income, 
bears disproportionately high and adverse human health and 
environmental effects as a result of EPA's policies, programs, and 
activities. Today's rule is not expected to negatively impact any 
community, and therefore is not expected to cause any 
disproportionately high and adverse impacts to minority or low-income 
communities versus non-minority or affluent communities.

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 Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions based on environmental health 
or safety risks.

Compliance With Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This authorization does not have federalism implications. It will 
not have a substantial direct effect on 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, because this rule affects only 
one State. This action simply approves Indiana's proposal to be 
authorized for updated requirements of the hazardous waste program that 
the State has voluntarily chosen to operate. Further, as a result of 
this action, newly authorized provisions of the State's program now 
apply in Indiana in lieu of the equivalent Federal program provisions 
implemented by EPA under HSWA. Affected parties are subject only to 
those authorized State program provisions, as opposed to being subject 
to both Federal and State regulatory requirements. Thus, the 
requirements of section 6 of the Executive Order do not apply.

Compliance With Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, 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, as specified in Executive Order 13175.
    This rule is not subject to Executive Order 13175 because it does 
not significantly or uniquely affect the communities of Indian tribal 
governments. Indiana is not authorized to implement the RCRA hazardous 
waste program in Indian country. This action has no effect on the 
hazardous waste program that EPA may implement in the Indian country 
within the State.

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.

[[Page 53728]]

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 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, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Authority: This rule 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: July 3, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    For the reasons set forth in the preamble, 40 CFR part 272 is 
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

    1. The authority citation for part 272 continues to read as 
follows:

    Authority: Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

Subpart P--[Amended]

    2. Section 272.750 is removed and reserved.
    3. Section 272.751 is revised to read as follows:


Sec. 272.751  Indiana state-administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Indiana 
has final authorization for the following elements as submitted to EPA 
in Indiana's base program application for final authorization which was 
approved by EPA effective on January 31, 1986. Subsequent program 
revision applications were approved effective on December 31, 1986, 
January 19, 1988, September 11, 1989, September 23, 1991 (two separate 
revisions), September 27, 1991, September 30, 1991, October 21, 1996, 
November 30, 1999, and January 4, 2001.
    (b) State statutes and regulations. (1) The Indiana statutes and 
regulations cited in this paragraph are incorporated by reference as 
part of the hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a). Copies of the Indiana regulations that are incorporated 
by reference in this paragraph are available from the Indiana 
Legislative Services Agency, Administrative Code and Register Division, 
302 State House, Indianapolis, Indiana 46204.
    (i) The EPA approved Authorized Indiana Statutory Requirements 
Applicable to the Hazardous Waste Management Program, dated March 2001.
    (ii) The EPA approved Indiana Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated March 2001.
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Annotated Indiana Code, 1998 edition, Title 13, Article 4-21.5, 
5-14-3-2, 13-11-2, 13-14-2-2, 13-14-9, 13-14-10, 13-15-2, 13-19-1, 13-
19-2, 13-20, 13-22-1, 13-22-3, 13-22-5 through 13-22-14, 13-23, 13-30, 
and 23-1-16.
    (ii) Indiana Administrative Code, as amended, 1996 edition, 
certified October 24, 1995, 2000 cumulative supplement, certified 
November 30, 1999, sections 329 IAC 3.1-1-1 through 3.1-1-6; 3.1-1-8 
through 3.1-1-14; 3.1-2-1 through 3.1-2-16; 3.1-3-1 through 3.1-3-9; 
3.1-4-2 through 3.1-4-26; 3.1-13-5; 3.1-13-8 through 3.1-13-17; 3.1-14-
2; 3.1-14-3; and 13-1-3 through 13-1-6.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference: Indiana Administrative 
Code as amended, 1996 edition, certified October 24, 1995, 2000 
cumulative supplement, certified November 30, 1999, sections 329 IAC 
3.1-6-3; and 3.1-8-4.
    (4) Unauthorized State provisions: Although the Federal rules 
listed in the following table have been adopted by the State and have 
been included in the materials incorporated by reference in paragraph 
(b)(1) of this section, EPA has not authorized the State for these 
rules at this time. While they may be enforceable under State law, they 
are not enforceable under RCRA:

----------------------------------------------------------------------------------------------------------------
                                                       Federal Register
               Federal requirement                         reference                   Publication date
----------------------------------------------------------------------------------------------------------------
1. Hazardous Waste Management System; Testing and  62 FR 32452.............  June 13, 1997.
 Monitoring Activities (Checklist 158).
2. Kraft Mill Stream Stripper Condensate           63 FR 18504.............  April 15, 1998.
 Exclusion (Checklist 164).
3. Recycled Used Oil Management Standards;         63 FR 24963.............  May 6, 1998.
 Technical Correction and Clarification
 (Checklist 166) as amended (Checklist 166.1).
4. Bevill Exclusion Revisions and Clarification    63 FR 37780.............  July 14, 1998.
 (Checklist 167E).
5. Exclusion of Recycled Wood Preserving           63 FR 28556.............  May 26, 1998.
 Wastewaters (Checklist 167F).
6. Hazardous Waste Combustors Revised Standards    63 FR 33782.............  June 19, 1998.
 (Checklist 168).
7. Universal Waste Rule; Technical Amendment       63 FR 71225.............  December 24, 1998.
 (Checklist 176).
----------------------------------------------------------------------------------------------------------------


[[Page 53729]]

    (i) Additionally Indiana has adopted but is not authorized to 
implement the HSWA rules that are listed the following table. EPA will 
continue to implement the Federal HSWA requirements for which Indiana 
is not authorized until the State receives specific authorization for 
those requirements:

----------------------------------------------------------------------------------------------------------------
                                                       Federal Register
               Federal requirement                         reference                   Publication date
----------------------------------------------------------------------------------------------------------------
1. HSWA Codification Rule 2; Corrective Action     52 FR 45788.............  December 1, 1987.
 for Injection Wells (Checklist 44C).
2. Burning of Hazardous Waste in Boilers and       56 FR 7134..............  February 21, 1991.
 Industrial Furnaces (Checklist 85).
3. Burning of Hazardous Waste in Boilers and       56 FR 32688.............  July 17, 1991.
 Industrial Furnaces; Corrections and Technical
 Amendments (Checklist 94).
4. Burning of Hazardous Waste in Boilers and       56 FR 42504.............  August 27, 1991.
 Industrial Furnaces; Technical Amendments II
 (Checklist 96).
5. Burning of Hazardous Waste in Boilers and       57 FR 38558.............  August 25, 1992.
 Industrial Furnaces; Technical Amendment III
 (Checklist 111).
6. Burning of Hazardous Waste in Boilers and       57 FR 44999.............  September 30, 1992.
 Industrial Furnaces; Technical Amendment IV
 (Checklist 114).
7. Requirements for Preparation, Adoption, and     58 FR 38816.............  July 20, 1993.
 Submittal of Implementation Plans (Checklist
 125).
8. Burning of Hazardous Waste in Boilers and       58 FR 59598.............  November 9, 1993.
 Industrial Furnaces (Checklist 127).
9. Land Disposal Restrictions-Phase IV: Treatment  62 FR 25998.............  May 12, 1997.
 Standards for Wood Preserving Wastes, Paperwork
 Reduction and Streamlining, Exemptions from RCRA
 for Certain Processed Materials; and
 Miscellaneous Hazardous Waste Provisions
 (Checklist 157).
10. Hazardous Waste Management System; Carbamate   62 FR 32974.............  June 17, 1997.
 Production, Identification and Listing of
 Hazardous Waste; Land Disposal Restrictions
 (Checklist 159).
11. Land Disposal Restrictions-Phase III--         62 FR 37694.............  July 14, 1997.
 Emergency Extension of the K088 National
 Capacity Variance (Checklist 160).
12. Second Emergency Revision of the Land          62 FR 45568.............  August 28, 1997.
 Disposal Restrictions (LDR) Treatment Standards
 for Listed Hazardous Wastes from Carbamate
 Production (Checklist 161).
13. Organic Air Emission Standards for Tanks,      62 FR 64636.............  December 8, 1997.
 Surface Impoundments, and Containers;
 Clarification and Technical Amendment (Checklist
 163).
14. Land Disposal Restrictions-Phase IV:           63 FR 28556.............  May 26, 1998.
 Treatment Standards for Metal Wastes and Mineral  63 FR 31266.............  June 8, 1998.
 Processing Wastes (Checklist 167A), Hazardous
 Soils Treatment Standards and Exclusions
 (Checklist 167B), and Corrections (Checklist
 167C) as amended (Checklist 167C.1).
15. Petroleum Refining Process (Checklist 169) as  63 FR 42110.............  August 6, 1998.
 amended (Checklist 169.1).                        63 FR 54356.............  October 9, 1998.
16. Land Disposal Restrictions-Phase IV            63 FR 46332.............  August 31, 1998.
 (Checklist 170).
17. Emergency Revisions of the Land Disposal       63 FR 47409.............  September 4, 1998.
 Restrictions Treatment Standards (Checklist 171).
18. Emergency Revision of the Land Disposal        63 FR 48124.............  September 9, 1998.
 Restrictions Treatment Standards (Checklist 172).
19. Land Disposal Restrictions Treatment           63 FR 51254.............  September 24, 1998.
 Standards (Spent Potliners) (Checklist 173).
----------------------------------------------------------------------------------------------------------------

    (ii) Some regulations listed in the table in paragraph (b)(4)(i) of 
this section are predominantly HSWA authority but contain provisions 
that are not HSWA authority. EPA will not enforce these non-HSWA 
provisions. The affected rules are as follows:
    (A) Burning of Hazardous Waste in Boilers and Industrial Furnaces 
(BIF), including BIF (February 21, 1991);
    (B) Corrections and Technical Amendments I (July 17, 1991);
    (C) Technical Amendments II (August 27, 1991);
    (D) Technical Amendments III (August 25, 1992);
    (E) Amendment IV (September 30, 1992);
    (F) Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans (July 20, 1993); and
    (G) BIF (November 9, 1993).
    (iii) EPA will not enforce BIF rules for Sludge Dryers, Infrared 
Incinerators, Plasma Arc Incinerators, and Carbon Regeneration Units, 
until Indiana is authorized for these rules. Petroleum Refining Process 
(August 6, 1998, as amended October 9, 1998) 40 CFR 261.3, 261.4, and 
261.6 are non-HSWA provisions. Standards Applicable to Owners and 
Operators of Closed/Closing Facilities (October 22, 1998) 40 CFR 
264.90(e), 265.110(c), 265.118(c)(4), 265.121 (except 
Sec. 265.121(a)(2)), 270.1, 270.14(a), and 270.28 are non-HSWA 
provisions. Hazardous Remediation Waste Management Requirements (HWIR 
Media) (November 30, 1998) 40 CFR 261.4(g), 264.1(j)(1-13), 
264.73(b)(17), 270.2, 270.11(d), 270.68, 270.73(a), and 270.79 through 
270.230 (40 CFR part 270, subpart H) except Sec. 270.230(e)(1) are non-
HSWA provisions. Until Indiana becomes authorized for these rules, EPA 
will not enforce the non-HSWA provisions.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 5 and the Indiana Department of Environmental Management, 
signed by the Commissioner of the IDEM on February 14, 1996 and 
acknowledged by the EPA Regional Administrator in the Federal Register 
noticed signed on July 29, 1996, August 2, 1999, and December 14, 2000, 
is referenced as part of the authorized hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Indiana on 
June 28, 1985 and revisions, supplements and addenda to that Statement 
dated August 26, 1986, June 1, 1987, December 15, 1987, March 25, 1988, 
July 22, 1988, December 15, 1989, May 29, 1996, March 24, 1997, and 
January 31, 2000 are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    (7) Program description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program

[[Page 53730]]

under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

    3. Appendix A to part 272, State Requirements, is amended by adding 
in alphabetical order the listing for ``Indiana'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Indiana

    The statutory provisions include:
    Annotated Indiana Code, 1998 edition, Title 13, Sections 13-14-
1, 13-14-7, 13-14-8, 13-19-3, 13-22-2, and 13-22-4.
    Copies of the Indiana statutes that are incorporated by 
reference are available from West Publishing Company, 610 Opperman 
Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526.
    The regulatory provisions include:
    Indiana Administrative Code, 1996 edition, 2000 cumulative 
supplement, Title 329, Article 3.1, Sections 3.1-1-7, 3.1-4-1, 3.1-5-1, 
3.1-5-2, 3.1-5-3, 3.1-5-4, 3.1-5-5, 3.1-5-6, 3.1-6-1, 3.1-6-2, 3.1-7-1, 
3.1-7-2, 3.1-7-3, 3.1-7-4, 3.1-7-5, 3.1-7-6, 3.1-7-7, 3.1-7-8, 3.1-7-9, 
3.1-7-10, 3.1-7-11, 3.1-7-12, 3.1-7-13, 3.1-7-14, 3.1-7-15, 3.1-7-16, 
3.1-8-1, 3.1-9-1, 3.1-9-2, 3.1-9-3, 3.1-10-1, 3.1-10-2(1 through 3), 
3.1-10-2(5 through 22), 3.1-11-1, 3.1-11-2, 3.1-12-1, 3.1-13-1, 3.1-13-
2(1 through 3), 3.1-13-2(5 through 15), 3.1-13-3, 3.1-13-4, 3.1-13-5, 
3.1-13-6, 3.1-13-7, 3.1-13-8, 3.1-13-9, 3.1-13-10, 3.1-13-11, 3.1-13-
12, 3.1-13-13, 3.1-13-14, 3.1-13-15, 3.1-13-16, 3.1-13-17, 3.1-14-1, 
3.1-14-2, 3.1-14-3, 3.1-14-4, 3.1-14-5, 3.1-14-6, 3.1-14-7, 3.1-14-8, 
3.1-14-9, 3.1-14-10, 3.1-14-11, 3.1-14-12, 3.1-14-13, 3.1-14-14, 3.1-
14-15, 3.1-14-16, 3.1-14-17, 3.1-14-18, 3.1-14-19, 3.1-14-20, 3.1-14-
21, 3.1-14-22, 3.1-14-23, 3.1-14-24, 3.1-14-25, 3.1-14-26, 3.1-14-27, 
3.1-14-28, 3.1-14-29, 3.1-14-30, 3.1-14-31, 3.1-14-32, 3.1-14-33, 3.1-
14-34, 3.1-14-35, 3.1-14-36, 3.1-14-37, 3.1-14-38, 3.1-14-39, 3.1-14-
40, 3.1-15-1, 3.1-15-2, 3.1-15-3, 3.1-15-4, 3.1-15-5, 3.1-15-6, 3.1-15-
7, 3.1-15-8, 3.1-15-9, 3.1-15-10, 3.1-16-1, 13-1-1, 13-1-2, 13-2-1, 13-
2-2, 13-2-3, 13-2-4, 13-2-5, 13-2-6, 13-2-7, 13-2-8, 13-2-9, 13-2-10, 
13-2-11, 13-2-12, 13-2-13, 13-2-14, 13-2-15, 13-2-16, 13-2-17, 13-2-18, 
13-2-19, 13-2-20, 13-2-21, 13-2-22, 13-2-23, 13-2-24, 13-2-25, 13-2-26, 
13-2-27, 13-3-1, 13-3-2, 13-3-3, 13-4-1, 13-4-2, 13-4-3, 13-4-4, 13-4-
5, 13-5-1, 13-5-2, 13-5-3, 13-6-1, 13-6-2, 13-6-3, 13-6-4, 13-6-5, 13-
6-6, 13-6-7, 13-6-8, 13-7-1, 13-7-2, 13-7-3, 13-7-4, 13-7-5, 13-7-6, 
13-7-7, 13-7-8, 13-7-9, 13-7-10, 13-8-1, 13-8-2, 13-8-3, 13-8-4, 13-8-
5, 13-8-6, 13-8-7, 13-8-8, 13-9-1, 13-9-2, 13-9-3, 13-9-4, 13-9-5, 13-
9-6, 13-10-1, 13-10-2, 13-10-3.
    Copies of the Indiana regulations that are incorporated by 
reference are available from Indiana Legislative Services Agency, 
Administrative Code and Register Division, Legislative Information 
Center, 302 State House, Indianapolis, Indiana 46204.
* * * * *
[FR Doc. 01-26682 Filed 10-23-01; 8:45 am]
BILLING CODE 6560-50-P