[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Proposed Rules]
[Pages 21077-21079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7649-9]


Indiana: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Indiana has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
proposing to authorize the State's changes through this proposed final 
action.

DATES: Written comments must be received on or before May 20, 2004.

ADDRESSES: Send written comments to Gary Westefer, Indiana Regulatory 
Specialist, DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please refer to Docket Number IN ARA19. We must receive your comments 
by May 20, 2004. You can view and copy Indiana's application from 9 am 
to 4 pm at the following addresses: Indiana Department of Environmental 
Management, 100 North Senate, Indianapolis, Indiana, (mailing address 
P.O. Box 6015, Indianapolis, Indiana 46206) contact Lynn West (317) 
232-3593, or Steve Mojonnier (317) 233-1655; and EPA Region 5, contact 
Gary Westefer at the following address.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Indiana Regulatory 
Specialist, U.S. EPA Region 5, DM-7J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Indiana's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Indiana Final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Indiana has responsibility 
for permitting Treatment, Storage, and Disposal Facilities (TSDFs) 
within its borders (except in Indian Country) and for carrying out the 
aspects of the RCRA program described in its revised program 
application, subject to the limitations of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Indiana, including issuing permits, 
until the State is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

    This decision means that a facility in Indiana subject to RCRA will 
now have to comply with the authorized State requirements (listed in 
section F of this action) instead of the equivalent Federal 
requirements in order to comply with RCRA. Indiana has enforcement 
responsibilities under its State hazardous waste program for violations 
of such program, but EPA retains its authority under RCRA sections 
3007, 3008, 3013, and 7003, which include, among others, authority to:
     Do inspections, and require monitoring, tests, 
analyses or reports
     enforce RCRA requirements and suspend or revoke 
permits
     take enforcement actions regardless of whether 
the State has taken its own actions
    This action does not impose additional requirements on the 
regulated community because the regulations for which Indiana is being 
authorized by today's action are already effective, and are not changed 
by today's action.

D. What Happens If EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.

E. What Has Indiana Previously Been Authorized for?

    Indiana initially received Final authorization on January 31, 1986, 
effective January 31, 1986 (51 FR 3955) to implement the RCRA hazardous 
waste management program. We granted authorization for changes to their 
program on October 31, 1986, effective December 31, 1986 (51 FR 39752); 
January 5, 1988, effective January 19, 1988 (53 FR 128); July 13, 1989, 
effective September 11, 1989 (54 FR 29557); July 23, 1991, effective 
September 23, 1991 (56 FR 33717); July 24, 1991, effective September 
23, 1991 (56 FR 33866); July 29, 1991, effective September 27, 1991 (56 
FR 35831); July 30, 1991, effective September 30, 1991 (56 FR 36010); 
August 20, 1996, effective October 21, 1996 (61 FR 43018); September 1, 
1999, effective November 30, 1999 (64 FR 47692), January 4, 2001 
effective January 4, 2001 (66 FR 733), and December 6, 2001 effective 
December 6, 2001 (66 FR 63331).

F. What Changes Are We Authorizing With Today's Action?

    On March 26, 2003, Indiana submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make a final decision, subject to 
receipt of written comments that oppose this action, that Indiana's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for Final authorization. Therefore, we propose to 
grant Indiana Final authorization for the following program changes:

[[Page 21078]]



----------------------------------------------------------------------------------------------------------------
                                                      Federal Register date and
    Description of Federal Requirement (include           page (and/or RCRA         Analogous State Authority
         checklist , if relevant)              statutory authority)
----------------------------------------------------------------------------------------------------------------
Mineral Processing Secondary Materials Exclusion     May 26, 1998, 63 FR 28556.  329 IAC 3.1-6-1; 3.1-6-2(2).
 Checklist 167D.                                                                  Effective May 4, 2001.
Land Disposal Restrictions Phase IV: Treatment       May 11, 1999, 64 FR 25408.  329 IAC 3.1-6-1; 3.1-6-2(2);
 Standards For Wood Preserving Wastes, Treatment                                  3.1-7-1; 3.1-12-1; 3.1-12-
 Standards for Metal Wastes, Zinc Micronutrient                                   2(5), (7). Effective May 4,
 Fertilizers, Carbamate treatment Standards, and                                  2001.
 K088 Treatment Standards Checklist 179.
Guidelines Establishing Test Procedures for the      May 14, 1999, 64 FR 26315.  329 IAC 3.1-1-7; Effective May
 Analysis of Oil and Grease and Non-Polar Material                                4, 2001.
 Under the Clean Water Act and the Resource
 Conservation and Recovery Act Checklist 180.
Hazardous Waste Management System; Modification of   July 6, 1999, 64 FR 36466.  329 IAC 3.1-4-1; 3.1-4-1(b);
 the Hazardous Waste Program; Hazardous Waste Lamps                               3.1-6-1; 3.1-9-1; 3.1-9-2(1);
 Checklist 181.                                                                   3.1-10-1; 3.1-10-2(1),(2)(3);
                                                                                  3.1-12-1; 3.1-12-2(4); 3.1-13-
                                                                                  1; 3.1-13-2(1),(2)(3); 3.1-13-
                                                                                  3 through 3.1-13-17; 3.1-16-1;
                                                                                  3.1-16-2(a)(1); 3.1-16-
                                                                                  2(a)(4); 3.1-16-2(a)(5); 3.1-
                                                                                  16-2(a)(8); 3.1-16-2(b).
                                                                                  Effective May 4, 2001.
NESHAPS: Final Standards for Hazardous Air           September 30, 1999, 64 FR   329 IAC 3.1-4-1; 3.1-4-1(b);
 Pollutants for Hazardous Waste Combustors            52827; November 19, 1999    3.1-6-1; 3.1-9-1; 3.1-10-1;
 Checklist 182 as amended Checklist 182.1.            64 FR 63209.                3.1-11-1; 3.1-13-1. Effective
                                                                                  May 4, 2001.
Land Disposal Restrictions Phase IV; Final Rule      October 20, 1999, 64 FR     329 IAC 3.1-6-1; 3.1-6-2(17);
 Promulgating Treatment Standards for Metal Wastes    56469.                      3.1-7-1; 3.1-12-1. Effective
 and Mineral Processing Wastes; Mineral Processing                                May 4, 2001.
 Secondary Materials and Bevill Exclusion Issues;
 Treatment Standards for Hazardous Soils, and
 Exclusion of Recycled Wood Preserving Wastewaters;
 Technical Correction Checklist 183.
180 Day Accumulation Time Under RCRA for Waste       March 8, 2000, 65 FR 12378  329 IAC 3.1-7-1. Effective May
 Water Treatment Sludges from the Metal Finishing                                 4, 2001.
 Industry Checklist 184.
Organobromine Production Wastes; Identification and  March 17, 2000, 65 FR       329 IAC 3.1-6-1; 3.1-6-
 Listing of Hazardous Waste; Land Disposal            14472.                      2(17),(18),(19); 3.1-12-1; 3.1-
 Restrictions; Listing of CERCLA Hazardous                                        12-2(10). Effective May 4,
 Substances, Reportable Quantities Checklist 185.                                 2001.
Organobromine Production Wastes; Petroleum Refining  June 8, 2000, 65 FR 36365.  329 IAC 3.1-6-1; 3.1-12-1.
 Wastes; Identification and Listing of Hazardous                                  Effective May 4, 2001.
 Waste; Land Disposal Restrictions; Final Rule and
 Correcting Amendments Checklist 187.
NESHAPS: Standards for Hazardous Air Pollutants for  July 10, 2000, 65 FR        329 IAC 3.1-6-1; 3.1-9-1;3.1-13-
 Hazardous Waste Combustors; Final Rule, Technical    42292; May 14, 2001, 66     1. Effective July 3, 2002.
 Correction Checklist 188 as amended Checklist        FR 24270.
 188.1.
Hazardous Waste Management System; Identification    November 8, 2000, 65 FR     329 IAC 3.1-6-1; 3.1-6-2(17);
 and Listing of Hazardous Waste; Chlorinated          67068.                      3.1-6-219),(20); 3.1-12-1.
 Alphatics Production Wastes; Land Disposal                                       Effective July 3, 2002.
 Restrictions for Newly Identified Wastes; CERCLA
 Hazardous Substance Designation and Reportable
 Quantities Checklist 189.
Deferral of Phase IV Standards for PCBs as a         December 26, 2000, 65 FR    329 IAC 3.1-12-1. Effective
 Constituent Subject to Treatment in Soil Checklist   81373.                      July 3, 2002.
 190.
Storage, Treatment, Transportation, and Disposal of  May 16, 2001, 66 FR 27218.  329 IAC 3.1-11-1. Effective
 Mixed Waste Checklist 191.                                                       July 3, 2002.
Hazardous Waste Identification Rule (HWIR)           May 16, 2001, 66 FR 27266.  329 IAC 3.1-6-1. Effective July
 Revisions to the Mixture and Derived-From Rules                                  3, 2002.
 Checklist 192A.
Land Disposal Restrictions Correction Checklist      May 16, 2001, 66 FR 27266.  329 IAC 3.1-12-1. Effective
 192B.                                                                            July 3, 2002.
Change of Official EPA Mailing Address; Additional   June 28, 2001, 66 FR 34374  329 IAC 3.1-1-7. Effective July
 Technical Amendments and Corrections Checklist 193.                              3, 2002.
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G. Where Are the Revised State Rules Different From the Federal Rules?

    Indiana has excluded the non-delegable Federal requirements at 40 
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3 in their Incorporation 
by Reference at 3.1-12-2 and 3.1-13-2(4). EPA will continue to 
implement those requirements.

H. Who Handles Permits After the Authorization Takes Effect?

    Indiana will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer any RCRA hazardous waste permits or portions of permits 
which we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Indiana is 
not yet authorized.

[[Page 21079]]

I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in 
Indiana?

    Indiana is not authorized to carry out its hazardous waste program 
in ``Indian Country'', as defined in 18 U.S.C. 1151. Indian Country 
includes:
    1. All lands within the exterior boundaries of Indian reservations 
within or abutting the State of Indiana;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country. Therefore, this action has no effect on 
Indian Country. EPA retains the authority to implement and administer 
the RCRA program in Indian Country. However, at this time, there is no 
Indian Country within the State of Indiana.

J. What Is Codification and Is EPA Codifying Indiana's Hazardous Waste 
Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. Indiana's rules, up to 
and including those revised January 4, 2001, have previously been 
codified through the incorporation-by-reference effective December 24, 
2001 (66 FR 53728, October 24, 2001). We reserve the amendment of 40 
CFR part 272, subpart P for the codification of Indiana's program 
changes until a later date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA section 
3006 and imposes no additional requirements beyond those imposed by 
State law. Accordingly, I certify that this action will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this action authorizes pre-existing requirements under State law and 
does not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely authorizes State requirements as part of the State 
RCRA hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This 
action is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution or 
Use'' (66 FR 28355, May 22, 2001) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule 
does not include environmental justice issues that require 
consideration under Executive Order 12898 (59 FR 7629, February 16, 
1994). As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the Attorney General's Supplemental Guidelines for the Evaluation 
of Risk and Avoidance of Unanticipated Takings issued under the 
executive order.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 30, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-8910 Filed 4-19-04; 8:45 am]
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