[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Pages 63100-63103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24243]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7832-2]


Indiana: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is granting Indiana final authorization of the changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The Agency published a proposed rule on April 20, 
2004 and provided for public comment. The public comment period ended 
on May 20, 2004. We received no comments. No further opportunity for 
comment will be provided. EPA has determined that Indiana's revisions 
satisfy all the requirements needed to qualify for final authorization, 
and is authorizing the State's changes through this final action.

DATES: This final authorization will be effective on October 29, 2004.

ADDRESSES: 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: On April 20, 2004, U.S. EPA published a 
proposed rule (69 FR 21077) proposing to grant Indiana authorization 
for changes to its Resource Conservation and Recovery Act program, 
listed in section F of that notice, which was subject to public 
comment. No comments were received. We hereby determine that Indiana's 
hazardous waste program revisions satisfy all of the requirements 
necessary to qualify for final authorization.

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

[[Page 63101]]

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:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports;
    <bullet> Enforce RCRA requirements and suspend or revoke permits;
    <bullet> 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. Proposed Rule

    On April 20, 2004 (69 FR 21077), EPA published a proposed rule. In 
that rule we proposed granting authorization of changes to Indiana's 
hazardous waste program and opened our decision to public comment. The 
Agency received no comments on this proposal. EPA found Indiana's RCRA 
program to be satisfactory.

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, 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
requirement (include checklist     (and/or RCRA       Analogous state
    <greek-i>, if relevant)         statutory            authority
                                    authority)
------------------------------------------------------------------------
Mineral Processing Secondary    May 26, 1998, 63   329 IAC 3.1-6-1; 3.1-
 Materials Exclusion Checklist   FR 28556.          6-2 (2); Effective
 167D.                                              May 4, 2001.
Land Disposal Restrictions      May 11, 1999, 64   329 IAC 3.1-6-1; 3.1-
 Phase IV: Treatment Standards   FR 25408.          6-2(2); 3.1-7-1; 3.1-
 For Wood Preserving Wastes,                        12-1; 3.1-12-
 Treatment Standards for Metal                      2(5),(7); Effective
 Wastes, Zinc Micronutrient                         May 4, 2001.
 Fertilizers, Carbamate
 Treatment Standards, and K088
 Treatment Standards Checklist
 179.
Guidelines Establishing Test    May 14, 1999, 64   329 IAC 3.1-1-7;
 Procedures for the Analysis     FR 26315.          Effective May 4,
 of Oil and Grease and Non-                         2001.
 Polar Material Under the
 Clean Water Act and the
 Resource Conservation and
 Recovery Act Checklist 180.
Hazardous Waste Management      July 6, 1999, 64   329 IAC 3.1-4-1; 3.1-
 System; Modification of the     FR 36466.          4-1(b); 3.1-6-1; 3.1-
 Hazardous Waste Program;                           9-1; 3.1-9-2(1); 3.1-
 Hazardous Waste Lamps                              10-1; 3.1-10-
 Checklist 181.                                     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    September 30,      329 IAC 3.1-4-1; 3.1-
 Hazardous Air Pollutants for    1999, 64 FR        4-(b); 3.1-6-1; 3.1-
 Hazardous Waste Combustors.     52827.             9-1; 3.1-10-1; 3.1-
 Checklist 182 as amended.                          11-1; 3.1-13-1;
                                                    Effective May 4,
                                                    2001.
Checklist 182.1...............  November 19,
                                 1999, 64 FR
                                 63209.
Land Disposal Restrictions      October 20, 1999,  329 IAC 3.1-6-1; 3.1-
 Phase IV; Final Rule            64 FR 56469.       6-2(17); 3.1-7-1;
 Promulgating Treatment                             3.1-12-1; Effective
 Standards for Metal Wastes                         May 4, 2001.
 and Mineral Processing
 Wastes; Mineral Processing
 Secondary Materials and
 Bevill Exclusion Issues;
 Treatment Standards for
 Hazardous Soils, and
 Exclusion of Recycled Wood
 Preserving Wastewaters;
 Technical Correction
 Checklist 183.

[[Page 63102]]

 
180 Day Accumulation Time       March 8, 2000, 65  329 IAC 3.1-7-1;
 Under RCRA for Waste Water      FR 12378.          Effective May 4,
 Treatment Sludges from the                         2001.
 Metal Finishing Industry
 Checklist 184.
Organobromine Production        March 17, 2000;    329 IAC 3.1-6-1; 3.1-
 Wastes; Identification and      65 FR 14472.       6-2(17),(18),(19);
 Listing of Hazardous Waste;                        3.1-12-1; 3.1-12-
 Land Disposal Restrictions;                        2(10); Effective May
 Listing of CERCLA Hazardous                        4, 2001.
 Substances, Reportable
 Quantities Checklist 185.
Organobromine Production        June 8, 2000; 65   329 IAC 3.1-6-1; 3.1-
 Wastes; Petroleum Refining      FR 36365.          12-1; Effective May
 Wastes; Identification and                         4, 2001.
 Listing of Hazardous Waste;
 Land Disposal Restrictions;
 Final Rule and Correcting
 Amendments Checklist 187.
NESHAPS: Standards for          July 10, 2000; 65  329 IAC 3.1-6-1; 3.1-
 Hazardous Air Pollutants for    FR 42292.          9-1; 3.1-13-1;
 Hazardous Waste Combustors;                        Effective July 3,
 Final Rule, Technical                              2002.
 Correction Checklist 188 as
 amended.
Checklist 188.1...............  May 14, 2001, 66
                                 FR 24270.
Hazardous Waste Management      November 8, 2000,  329 IAC 3.1-6-1; 3.1-
 System; Identification and      65 FR 67068.       6-2(17); 3.1-6-
 Listing of Hazardous Waste;                        2(19), (20); 3.1-12-
 Chlorinated Alphatics                              1; Effective July 3,
 Production Wastes; Land                            2002.
 Disposal Restrictions for
 Newly Identified Wastes;
 CERCLA Hazardous Substance
 Designation and Reportable
 Quantities Checklist 189.
Deferral of Phase IV Standards  December 26,       329 IAC 3.1-12-1;
 for PCBs as a Constituent       2000; 65 FR        Effective July 3,
 Subject to Treatment in Soil    81373.             2002.
 Checklist 190.
Storage, Treatment,             May 16, 2001, 66   329 IAC 3.1-11-1;
 Transportation, and Disposal    FR 27218.          Effective July 3,
 of Mixed Waste Checklist 191.                      2002.
Hazardous Waste Identification  May 16, 2001, 66   329 IAC 3.1-6-1;
 Rule (HWIR) Revisions to the    FR 27266.          Effective July 3,
 Mixture and Derived-From                           2002.
 Rules Checklist 192A.
Land Disposal Restrictions      May 16, 2001, 66   329 IAC 3.1-12-1;
 Correction Checklist 192B.      FR 27266.          Effective July 3,
                                                    2002.
Change of Official EPA Mailing  June 28, 2001, 66  329 IAC 3.1-1-7;
 Address; Additional Technical   FR 34374.          Effective July 3,
 Amendments and Corrections                         2002.
 Checklist 193.
------------------------------------------------------------------------

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.

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

[[Page 63103]]

governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). This action does not have tribal implications 
within the meaning of 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 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, 6974(b).

    Dated: October 19, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-24243 Filed 10-28-04; 8:45 am]
BILLING CODE 6560-50-P