Federal Register, Volume 66 Issue 206 (Wednesday, October 24, 2001)

[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]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:

[[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