63100 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

Authority: 21 U.S.C. 321(q), 346a and 371.

■ 2. Section 180.582 is amended as 

follows:

i. In paragraph (a)(1) by alphabetically 

adding commodities to the table; by 

revising the tolerance levels for ‘‘Citrus, 

dried pulp, ’’ ‘‘Citrus, oil’’ and ‘‘Fruit, 

citrus, group’’, and by removing the 

commodity ‘‘Bean, dry, seed’’.

ii. By adding paragraph (a)(3). 

The amendments to paragraph (a) 

read as follows:

§ 180.582 Pyraclostrobin; tolerances for 

residues.

(a) General. (1) * * *

Commodity Parts per million 

*** * *

Apple, wet pomace ......... 8.0

*** * *

Brassica, head and stem, 

subgroup ..................... 5.0

Brassica, leafy greens, 

subgroup ..................... 16.0

Citrus, dried pulp ............ 12.5

Citrus, oil ......................... 9.0

Corn, field, forage ........... 5.0

Corn, field, grain ............. 0.1

Commodity Parts per million 

Corn, field, refined oil ..... 0.2

Corn, field, stover ........... 17.0

Corn, pop, grain .............. 0.1

Corn, pop, stover ............ 17.0

Corn, sweet, forage ........ 5.0

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.04

Corn, sweet, stover ........ 23.0

Fruit, citrus, group .......... 2.0

Fruit, pome, group .......... 1.5

*** * *

Hop, dried cones ............ 23.0

Legume, forage, except 

peanut and soybean, 

subgroup ..................... 25.0

*** * *

Pea, succulent ................ 0.2

Pea and bean, dried 

shelled, except soybean, subgroup ........... 0.3

*** * *

Peppermint ..................... 8.0

*** * *

Soybean, forage ............. 5.0

Soybean, hay .................. 7.0

Soybean, hulls ................ 0.06

Commodity Parts per million 

Soybean, seed ................ 0.04

Spearmint ....................... 8.0

*** * *

Sunflower ........................ 0.3

*** * *

Vegetable, leafy, except 

brassica, group ........... 29.0

Vegetable, leaves of root 

and tuber, except 

sugar beet ................... 16.0

Vegetable, legume, edible podded, subgroup 0.5

*** * *

* * * * *

(3) Tolerances are established for 

combined residues of the fungicide 

pyraclostrobin (carbamic acid, [2-[[[1-(4-

chlorophenyl)-1H-pyrazol-3-

yl]oxy]methyl]phenyl]methoxy-, methyl 

ester) and its desmethoxy metabolite 

methyl 2-[[[1-(4-chlorophenyl)-1Hpyrazol-3-yl]oxy]methyl]phenyl 

carbamate, expressed as parent 

compound, in or on the following raw 

agricultural commodity:

Commodity Parts per million Expiration/Revocation Date 

Strawberry ...................................................................................................................... 1.5 12/31/05

* * * * *

[FR Doc. 04–24247 Filed 10–28–04; 8:45 am]

BILLING CODE 6560–50–S

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 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 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: 

• 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. 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:

Description of federal requirement (include checklist #, if relevant) Federal Register (date and page (and/

or RCRA statutory authority) Analogous state authority 

Mineral Processing Secondary Materials Exclusion 

Checklist 167D.

May 26, 1998, 63 FR 28556 ................. 329 IAC 3.1–6–1; 3.1–6–2 (2); Effective May 4, 

2001. 

Land Disposal Restrictions Phase IV: Treatment 

Standards For Wood Preserving Wastes, Treatment Standards for Metal Wastes, Zinc Micronutrient Fertilizers, Carbamate Treatment Standards, and K088 Treatment Standards Checklist 

179.

May 11, 1999, 64 FR 25408 ................. 329 IAC 3.1–6–1; 3.1–6-2(2); 3.1–7–1; 3.1–12–1; 

3.1–12–2(5),(7); Effective May 4, 2001. 

Guidelines Establishing Test Procedures for the 

Analysis of Oil and Grease and Non-Polar Material Under the Clean Water Act and the Resource Conservation and Recovery Act Checklist 

180.

May 14, 1999, 64 FR 26315 ................. 329 IAC 3.1–1–7; Effective May 4, 2001. 

Hazardous Waste Management System; Modification of the Hazardous Waste Program; Hazardous Waste Lamps Checklist 181.July 6, 1999, 64 FR 36466 ................... 329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1–9–1; 

3.1–9–2(1); 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 Pollutants for Hazardous Waste Combustors. 

Checklist 182 as amended.

September 30, 1999, 64 FR 52827 ...... 329 IAC 3.1–4–1; 3.1–4–(b); 3.1–6–1; 3.1–9–1; 

3.1–10-1; 3.1–11–1; 3.1–13–1; Effective May 

4, 2001. 

Checklist 182.1 ........................................................ November 19, 1999, 64 FR 63209.

Land Disposal Restrictions Phase IV; Final Rule 

Promulgating Treatment Standards for Metal 

Wastes 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.

October 20, 1999, 64 FR 56469 ........... 329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–7–1; 3.1–12–

1; Effective May 4, 2001. 

63102 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

Description of federal requirement (include checklist #, if relevant) Federal Register (date and page (and/

or RCRA statutory authority) Analogous state authority 

180 Day Accumulation Time Under RCRA for 

Waste Water Treatment Sludges from the Metal 

Finishing Industry Checklist 184.

March 8, 2000, 65 FR 12378 ................ 329 IAC 3.1–7–1; Effective May 4, 2001. 

Organobromine Production Wastes; Identification 

and Listing of Hazardous Waste; Land Disposal 

Restrictions; Listing of CERCLA Hazardous Substances, Reportable Quantities Checklist 185.

March 17, 2000; 65 FR 14472 .............. 329 IAC 3.1–6–1; 3.1–6–2(17),(18),(19); 3.1–12–

1; 3.1–12–2(10); Effective May 4, 2001. 

Organobromine Production Wastes; Petroleum Refining Wastes; Identification and Listing of Hazardous Waste; Land Disposal Restrictions; Final 

Rule and Correcting Amendments Checklist 187.

June 8, 2000; 65 FR 36365 .................. 329 IAC 3.1–6–1; 3.1–12–1; Effective May 4, 

2001. 

NESHAPS: Standards for Hazardous Air Pollutants 

for Hazardous Waste Combustors; Final Rule, 

Technical Correction Checklist 188 as amended.

July 10, 2000; 65 FR 42292 ................. 329 IAC 3.1–6–1; 3.1–9–1; 3.1–13–1; Effective 

July 3, 2002. 

Checklist 188.1 ........................................................ May 14, 2001, 66 FR 24270.

Hazardous Waste Management System; Identification and Listing of Hazardous Waste; 

Chlorinated Alphatics Production Wastes; Land 

Disposal Restrictions for Newly Identified 

Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities Checklist 189.

November 8, 2000, 65 FR 67068 ......... 329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–6–2(19), (20); 

3.1–12–1; Effective July 3, 2002. 

Deferral of Phase IV Standards for PCBs as a 

Constituent Subject to Treatment in Soil Checklist 190.

December 26, 2000; 65 FR 81373 ....... 329 IAC 3.1–12–1; Effective July 3, 2002. 

Storage, Treatment, Transportation, and Disposal 

of Mixed Waste Checklist 191.

May 16, 2001, 66 FR 27218 ................. 329 IAC 3.1–11–1; Effective July 3, 2002. 

Hazardous Waste Identification Rule (HWIR) Revisions to the Mixture and Derived-From Rules 

Checklist 192A.

May 16, 2001, 66 FR 27266 ................. 329 IAC 3.1–6–1; Effective July 3, 2002. 

Land Disposal Restrictions Correction Checklist 

192B.

May 16, 2001, 66 FR 27266 ................. 329 IAC 3.1–12–1; Effective July 3, 2002. 

Change of Official EPA Mailing Address; Additional 

Technical Amendments and Corrections Checklist 193.

June 28, 2001, 66 FR 34374 ................ 329 IAC 3.1–1–7; Effective July 3, 2002. 

G. Where Are the Revised State Rules 

Different From the Federal Rules? 

Indiana has excluded the nondelegable 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 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 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