[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Proposed Rules]
[Pages 26911-26914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09548]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2018-0376; FRL-10008-91-Region 5]


Indiana: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Indiana has applied to the Environmental Protection Agency 
(EPA) for final authorization of changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. 
EPA has reviewed Indiana's application and has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization. Therefore, we are proposing to authorize the State's 
changes. EPA seeks public comment prior to taking final action.

DATES: Comments must be received on or before June 22, 2020.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
    Instructions: EPA must receive your comments by June 22, 2020. 
Direct your comments to Docket ID Number EPA-R05-RCRA-2018-0376. EPA's 
policy is that all comments received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information

[[Page 26912]]

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI), or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov, 
or email. The federal www.regulations.gov website is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without going through 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. (For additional information about EPA's public docket, visit 
the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the 
www.regulations.gov, index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
www.regulations.gov. For alternative access to docket materials, please 
contact the person identified in the For Further Information Contact 
section.

FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Indiana Regulatory 
Specialist, U.S. EPA Region 5, LL-17J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6162, email: [email protected]. 
The EPA Region 5 office is open from 9:00 a.m. to 4:00 p.m., Monday 
through Friday, excluding Federal holidays and facility closures due to 
COVID-19.

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs necessary?

    States that 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 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized states at the 
same time that they take effect in unauthorized states. Thus, EPA will 
implement those requirements and prohibitions in Indiana, including the 
issuance of new permits implementing those requirements, until the 
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On January 23, 2020, Indiana submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program that correspond to certain Federal rules promulgated between 
March 18, 2010 and April 8, 2015 (including RCRA Clusters XIX through 
XXIV). EPA concludes that Indiana's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established under RCRA, as set forth in RCRA section 
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA 
proposes to grant Indiana final authorization to operate its hazardous 
waste program with the changes described in the authorization 
application, and as outlined below in Section F of this document. 
Indiana has responsibility for permitting treatment, storage, and 
disposal facilities 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 HSWA, as 
discussed above.

C. What is the effect of this proposed authorization decision?

    If Indiana is authorized for the changes described in Indiana's 
authorization application, these changes will become part of the 
authorized State hazardous waste program, and will therefore be 
federally enforceable. Indiana will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. EPA would maintain its authorities under RCRA sections 3007, 
3008, 3013, and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses and reports;
     Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action will not impose additional requirements on the 
regulated community because the regulations for which EPA is proposing 
to authorize Indiana are already effective under state law and are not 
changed by today's proposed action.

D. What happens if EPA receives comments that oppose this action?

    If EPA receives comments on this proposed action, we will address 
all such comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you should 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); October 29, 2004 (69 FR 63100) 
effective October 29, 2004; November 23, 2005 (70 FR 70740) effective 
November 23, 2005; and June 6, 2013 (78 FR 33986) effective June 6, 
2013.

F. What changes are we proposing with today's action?

    On January 23, 2020, Indiana submitted a final complete program

[[Page 26913]]

revision application, seeking authorization of changes to its hazardous 
waste management program in accordance with 40 CFR 271.21. EPA proposes 
to determine, subject to receipt of written comments that oppose this 
action, that Indiana's hazardous waste program revisions are equivalent 
to, consistent with, and no less stringent than the federal program, 
and therefore satisfy all of the requirements necessary to qualify for 
final authorization. Therefore, EPA is proposing to authorize Indiana 
for the following program changes:

         Table 1--Indiana's Analogs to the Federal Requirements
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    Description of federal       Federal Register     Analogous state
          requirement             date and page          authority
------------------------------------------------------------------------
Hazardous Waste Technical       March 18, 2010;    329 IAC 3.1-4-1(a);
 Corrections and                 75 FR 12989 and    3.1-4-1(b); 3.1-4-5
 Clarifications Checklist 223.   amended on June    through 25.1; 3.1-6-
                                 4, 2010; 75 FR     1; 3.1-6-2(4); 3.1-6-
                                 31716.             2(7); 3.1-6-2(10);
                                                    3.1-6-3; 3.1-6-4;
                                                    3.1-7-1; 3.1-7-2(4);
                                                    3.1-8-1; 3.1-8-2(1);
                                                    3.1-8-2 (7); 3.1-8-
                                                    4; 3.1-9-1; 3.1-9-
                                                    2(8); 3.1-10-1; 3.1-
                                                    10-2(11); 3.1-10-
                                                    2(21); 3.1-11-1; 3.1-
                                                    11-2(3); 3.1-12-1;
                                                    3.1-12-2(10); 3.1-13-
                                                    1 Effective November
                                                    5, 2016.
Withdrawal of the Emission      June 15, 2010; 75  329 IAC 3.1-6-1
 Comparable Fuel Exclusion       FR 33712.          Effective June 28,
 under RCRA Checklist 224.                          2012.
Removal of Saccharin and Its    December 17,       329 IAC 3.1-6.1; 3.1-
 Salts from the Lists of         2010; 75 FR        12-1; 3.1-12-2(10)
 Hazardous Wastes Checklist      78918.             Effective June 28,
 225.                                               2012.
Academic Laboratories           December 20,       329 IAC 3.1-7-1
 Generator Standards Technical   2010; 75 FR        Effective June 28,
 Corrections Checklist 226.      79304.             2012.
Revisions of the Land Disposal  June 13, 2011; 76  329 IAC 3.1-12-1; 3.1-
 Treatment Standards for         FR 34147.          12-2(10) Effective
 Carbamate Wastes Checklist                         July 3, 2015.
 227.
Hazardous Waste Technical       April 13, 2012;    329 IAC 3.1-6-1; 3.1-
 Corrections and                 77 FR 22229.       11-1 Effective July
 Clarifications Checklist 228.                      3, 2015.
Conditional Exclusions for      July 31, 2013; 78  329 IAC 3.1-4-1(a);
 Solvent Contaminated Wipes      FR 46448.          3.1-4-1(b); 3.1-4-5
 Checklist 229.                                     through 25.1; 3.1-6-
                                                    1; 3.1-6-2(13)
                                                    Effective July 3,
                                                    2015.
Conditional Exclusions for      January 3, 2014;   329 IAC 3.1-4-1(a);
 Carbon Dioxide Streams in       79 FR 350.         3.1-4-1(b); 3.1-4-5
 Geologic Sequestration                             through 25.1; 3.1-6-
 Activities Checklist 230.                          1 Effective July 3,
                                                    2015.
Hazardous Waste Electronic      February 7, 2014;  329 IAC 3.1-2; 3.1-3-
 Manifest Rule Checklist 231.    79 FR 7518.        1; 3.1-4-1(a); 3.1-4-
                                                    1(b) through 25.1;
                                                    3.1-7-1; 3.1-8-1;
                                                    3.1-8-2(1); 3.1-8-
                                                    2(2); 3.1-9-1; 3.1-9-
                                                    2(8) Effective
                                                    November 5, 2016.
Revisions to the Export         June 26, 2014; 79  329 IAC 3.1-4-1(a);
 Provisions of the Cathode Ray   FR 36220.          3.1-4-1(b); 3.1-4-5
 Tube Rule Checklist 232.                           through 25.1; 3.1-6-
                                                    1 Effective November
                                                    5, 2016.
Revisions to the Definition of  January 13, 2015;  329 IAC 3.1-5-4; 3.1-
 Solid Waste Checklist 233A.     80 FR 1694.        5-4(b); 3.1-5-7(a);
                                                    3.1-5-7(b) Effective
                                                    November 5, 2016.
Revisions to the Definition of  January 13, 2015;  329 IAC 3.1-6-1; 3.1-
 Solid Waste Checklist 233C.     80 FR 1694.        6-2(3) Effective
                                                    November 5, 2016.
Revisions to the Definition of  January 13, 2015;  329 IAC 3.1-4-1(a);
 Solid Waste Checklist 233E.     80 FR 1694.        3.1-4-1(b); 3.1-4-5
                                                    through 25.1; 3.1-6-
                                                    1; 3.1-6-2(2)
                                                    Effective November
                                                    5, 2016.
Response to Vacaturs of the     April 8, 2015; 80  329 IAC 3.1-4-1(a);
 Comparable Fuels Rule and the   FR 18777.          3.1-4-1(b); 3.1-4-5
 Gasification Rule Checklist                        through 25.1; 3.1-6-
 234.                                               1 Effective November
                                                    5, 2016.
------------------------------------------------------------------------

    Indiana is not seeking authorization for the transfer-based 
exclusion, at 40 CFR 261.4(a)(24) and (25), or the definition of 
legitimate recycling, at 40 CFR 260.43, at this time.

G. Where are the revised State rules different from the Federal rules?

    When revised state rules differ from the Federal rules in the RCRA 
state authorization process, EPA determines whether the state rules are 
equivalent to, more stringent than, or broader in scope than the 
federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929, 
state programs may contain requirements that are more stringent than 
the federal regulations. Such more stringent requirements can be 
federally authorized and, once authorized, become federally 
enforceable. Although the statute does not prevent states from adopting 
regulations that are broader in scope than the federal program, states 
cannot receive federal authorization for such regulations, and they are 
not federally enforceable.
    EPA considers the following State requirements to be more stringent 
than the Federal requirements:
    329 IAC 3.1-6-3, because the State adds six hazardous wastes to the 
acute hazardous waste list that are not acute hazardous wastes in 40 
CFR part 261.
    329 IAC 3.1-9-2, because the State maintains more stringent levels 
for groundwater protection for several of the constituents listed in 
Table 1 of 40 CFR 264.94.
    These requirements are part of Indiana's authorized program and are 
federally enforceable.
    Broader-in-scope requirements do not become part of the authorized 
program and EPA cannot enforce them. Although regulated entities must 
comply with these requirements in accordance with State law, they are 
not RCRA requirements.
    There are no state requirements in the program revisions Indiana 
seeks authorization for that are considered to be broader in scope than 
the Federal requirements.
    EPA cannot authorize the Federal requirements at 40 CFR 268.5, 
268.6, 268.42(b), 268.44, and 270.3. Indiana has excluded those non-
delegable federal requirements. EPA will continue to implement those 
requirements.

H. Who handles permits after the final authorization takes effect?

    When the Final 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 EPA issues 
prior to the effective date of the

[[Page 26914]]

proposed authorization until they expire or are terminated. EPA will 
not issue any new permits or new portions of permits for the provisions 
listed in the Table above after the effective date of the final 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Indiana is not yet authorized. EPA has the 
authority to enforce state-issued permits after the State is 
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 within the State, which includes:
     All lands within the exterior boundaries of Indian 
reservations within or abutting the State of Indiana;
     Any land held in trust by the U.S. for an Indian tribe; 
and
     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 
jurisdiction over Indian country and will continue to implement and 
administer the RCRA program on these lands.

J. What is codification and will EPA codify Indiana's hazardous waste 
program as proposed in this rule?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
authorized hazardous waste program into the Code of Federal 
Regulations. EPA does this by adding those citations and references to 
the authorized State rules in 40 CFR part 272. EPA is not proposing to 
codify the authorization of Indiana's changes at this time. However, 
EPA reserves the ability to amend 40 CFR part 272, subpart P for the 
authorization of Indiana's program changes at a later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to 
authorize State requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Therefore, this action is not subject to review by OMB. This action is 
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory 
action because actions such as today's proposed authorization of 
Indiana's revised hazardous waste program under RCRA are exempted under 
Executive Order 12866. 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 proposes to authorize 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 (2 U.S.C. 1531-
1538). 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 proposes to authorize 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. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in proposing 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 this action 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 action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive 
Order 12898 (59 FR 7629, February 16, 1994) establishes federal 
executive policy on environmental justice. Its main provision directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. Because this action proposes authorization of pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
this proposed rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian 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, and 6974(b).

    Dated: April 29, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-09548 Filed 5-5-20; 8:45 am]
 BILLING CODE 6560-50-P