[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Proposed Rules]
[Pages 37726-37728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12940]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7930-6]


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 August 1, 2005.

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 ARA20. We must receive your comments 
by August 1, 2005. You can view and copy Indiana's application from 9 
a.m. to 4 p.m. at the following addresses: Indiana Department of 
Environmental Management, 100 North Senate, Indianapolis, Indiana, 
(mailing address P.O. Box 6015, Indianapolis, Indiana 46206) contact 
Steve Mojonnier (317) 233-1655, or Lynn West (317) 232-3593; and EPA 
Region 5, contact Gary Westefer at the following address.

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

SUPPLEMENTARY INFORMATION:

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 notice) instead of the equivalent Federal 
requirements in order to comply with RCRA. Indiana has enforcement 
responsibilities under its State hazardous waste program for violations 
of such program, but EPA retains its authority under RCRA sections 
3007, 3008, 3013, and 7003, which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses or 
reports.
     Enforce RCRA requirements and suspend or revoke permits.
     Take enforcement actions regardless of whether the State 
has taken its own actions.

[[Page 37727]]

    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); December 6, 2001 effective 
December 6, 2001 (66 FR 63331); and October 29, 2004 (69 FR 63100) 
effective October 29, 2004.

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

    On August 30, 2004, 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:

------------------------------------------------------------------------
                                   Federal Register
     Description of Federal      date and page  (and/   Analogous state
requirement  (include checklist   or RCRA statutory        authority
    , if relevant)           authority)
------------------------------------------------------------------------
Correction to the Hazardous      October 3, 2001, 66  329 IAC 3.1-6-1.
 Waste Identification Rule        FR 50332.           Effective February
 (HWIR): Revisions to the                              13, 2004.
 Mixture and Derived-From Rules.
Checklist 194..................
Inorganic Chemical               November 20, 2001,   329 IAC 3.1-6-1;
 Manufacturing Wastes;            66 FR 58258, April   3.1-6-2(19); 3.1-
 Identification and Listing.      9, 2002, 67 FR       7-1; 3.1-12-1.
Checklist 195 as amended.......   17119.              Effective February
Checklist 195.1................                        13, 2004.
CAMU Amendments................  January 22, 2002,    329 IAC 3.1-4-1;
Checklist 196..................   67 FR 2962.          3.1-4-1(b); 3.1-9-
                                                       1; 3.1-9-2(16).
                                                      Effective February
                                                       13, 2004.
Hazardous Air Pollutant          February 13, 2002,   329 IAC 3.1-9-1;
 Standards for Combustors:        67 FR 6792.          3.1-11-1; 3.1-13-
 Interim Standards.                                    1.
Checklist 197..................                       Effective February
                                                       13, 2004.
Hazardous Air Pollutant          February 14, 2002,   329 IAC 3.1-11-1;
 Standards for Combustors;        67 FR 6968.          3.1-13-1.
 Corrections.                                         Effective February
Checklist 198..................                        13, 2004.
Vacatur of Mineral Processing    March 13, 2002, 67   329 IAC 3.1-6-1;
 Spent Materials Being            FR 11251.            3.1-6-2(2).
 Reclaimed as Solid Wastes and                        Effective February
 TCLP Use with MGP Waste.                              13, 2004.
Checklist 199..................
------------------------------------------------------------------------

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. This action involves no more stringent or 
broader in scope State requirements.

H. Who Handles Permits After the Authorization Takes Effect?

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

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

    Indiana is not authorized to carry out its hazardous waste program 
in ``Indian Country'', as defined in 18 U.S.C. 1151. Indian Country 
includes:
    1. All lands within the exterior boundaries of Indian reservations 
within 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, 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

[[Page 37728]]

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. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes requirements other than those imposed 
by State law (see Supplementary Information, Section A. Why are 
Revisions to State Programs Necessary?). Therefore this rule complies 
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Order 12866 (58 FR 51735, October 4, 1993).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Because this rule approves 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 (Pub. L. 104-4).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have federalism implications (i.e., 
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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian Tribes, or 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.)

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant and it is 
not based on environmental health or safety risks.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
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 to this rule.

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    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.

12. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) To the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, 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: June 16, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
[FR Doc. 05-12940 Filed 6-29-05; 8:45 am]
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