61326 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules 

34See section VI and VII of today’s notice for 

details of this analysis. 

generation of RINs for home heating oil 

or the reduced regulatory burden for 

transmix processors. This proposed rule 

would facilitate the use of 500-ppm 

sulfur locomotive and marine (LM) 

diesel fuel, which contains the SY 124 

marker that is already in the fuel 

distribution and use system consistent 

with EPA’s original intent. Today’s 

action will avoid the potential need to 

remove marked 500-ppm LM diesel fuel 

from the system for reprocessing, and 

the associated increased costs and 

potential disruption to the supply of LM 

diesel fuel. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 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. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. These amendments 

would not relax the control measures on 

sources regulated by the RFS regulations 

and therefore would not cause 

emissions increases from these sources. 

We have determined that proposed 

amendments to the diesel transmix 

provisions and marker provisions for 

locomotive and marine diesel fuel under 

the diesel sulfur program would have a 

neutral or positive impact on diesel 

vehicle emissions.34

IX. Statutory Provisions and Legal 

Authority 

Statutory authority for the rule 

finalized today can be found in section 

211 of the Clean Air Act, 42 U.S.C. 

7545. Additional support for the 

procedural and compliance related 

aspects of today’s rule, including the 

recordkeeping requirements, come from 

Sections 114, 208, and 301(a) of the 

Clean Air Act, 42 U.S.C. 7414, 7542, and 

7601(a). 

List of Subjects in 40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Agriculture, Air pollution control, 

Confidential business information, 

Diesel fuel, Transmix, Energy, Forest 

and forest products, Fuel additives, 

Gasoline, Imports, Labeling, Motor 

vehicle pollution, Penalties, Petroleum, 

Reporting and recordkeeping 

requirements. 

Dated: September 17, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–23714 Filed 10–5–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2012–0377; FRL–9739–6] 

Indiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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 reviewed 

Indiana’s application with regards to 

federal requirements, and is proposing 

to authorize the state’s changes. 

DATES: Comments must be received on 

or before November 8, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

RCRA–2012–0377 by one of the 

following methods: 

http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

Email: westefer.gary@epa.gov. 

Mail: Gary Westefer, Indiana 

Regulatory Specialist, LR–8J, U.S. EPA, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

Instructions: Direct your comments to 

Docket ID Number EPA–R05–RCRA– 

2012–0377. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information 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 www.regulations.gov Web 

site 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 or 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 http:// 

www.epagov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some of the information is not publicly 

available; e.g., CBI or other information 

for which 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 

either electronically in http:// 


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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules 61327 

www.regulations.gov or in hard copy. 

You may view and copy Indiana’s 

application from 9:00 a.m. to 4:00 p.m. 

at the following addresses: U.S. EPA 

Region 5, LR–8J, 77 West Jackson 

Boulevard, Chicago, Illinois, contact: 

Gary Westefer (312) 886–7450; or 

Indiana Department of Environmental 

Management, 100 North Senate, 

Indianapolis, Indiana, contact: Steve 

Mojonnier (317) 233–1655. 

FOR FURTHER INFORMATION CONTACT: Gary 

Westefer, Indiana Regulatory Specialist, 

U.S. EPA Region 5, LR–8J, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7450, email 

westefer.gary@epa.gov. 

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 request 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 have made a tentative decision 

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 will have 

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 this 

authorization decision? 

The effect of this tentative decision, 

once finalized, is that a facility in 

Indiana subject to RCRA would have to 

comply with the authorized state 

requirements instead of the equivalent 

federal requirements in order to comply 

with RCRA. Indiana has enforcement 

responsibilities under its state 

hazardous waste program for RCRA 

violations, but EPA retains its authority 

under RCRA sections 3007, 3008, 3013, 

and 7003, which include among others, 

authority to: 

1. Do inspections, and require 

monitoring, tests, analyses or reports; 

1. enforce RCRA requirements and 

suspend or revoke permits; and 

3. 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 Indiana will be authorized are 

already effective, and will not be 

changed by EPA’s final action. 

D. What happens if EPA receives 

adverse comments on this action? 

If EPA receives adverse comments on 

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); 

October 29, 2004 (69 FR 63100) effective 

October 29, 2004; and November 23, 

2005 (70 FR 70740) effective November 

23, 2005. 

F. What changes are we proposing with 

today’s action? 

On March 5, 2007, May 1, 2009, and 

October 25, 2011, Indiana submitted 

final program revision applications, 

seeking authorization of their changes in 

accordance with 40 CFR 271.21. We 

have determined that Indiana’s 

hazardous waste program revisions 

satisfy all of the requirements necessary 

to qualify for Final Authorization. We 

are now proposing to authorize, subject 

to receipt of written comments that 

oppose this action, Indiana’s hazardous 

waste program revision. 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 

Burning of Hazardous Wastes in Boilers and Industrial 

Furnaces Checklist 85.

February 21, 1991; 56 FR 

7134.

329 IAC 3.1–1–7; 3.1–4–1; 3.1–6–1; 3.1–6–2(2); 3.1– 

9–1; 3.1–10–1; 3.1–10–2(13); 3.1–11–1; 3.1–11–2(2); 

3.1–13–1; 3.1–13–2(15) 

Effective November 22, 1992. 

Burning of Hazardous Wastes in Boilers and Industrial 

Furnaces; Corrections and Technical Amendments I 

Checklist 94.

July 17, 1991; 56 FR 32688 329 IAC 3.1–6–1; 3.1–10–1; 3.1–11–1; 3.1–11–2(2); 

3.1–13–1; 3.1–13–2(15) Effective November 22, 

1992. 

Burning of Hazardous Wastes in Boilers and Industrial 

Furnaces; Technical Amendments II Checklist 96.

August 27, 1991; 56 FR 

42504.

329 IAC 3.1–6–1; 3.1–6–2(2); 3.1–10–1; 3.1–10–2(13); 

3.1–11–1; 3.1–11–2(2) Effective November 22, 1992. 

Coke Ovens Administrative Stay Checklist 98 ................. September 5, 1991; 56 FR 

43874.

329 IAC 3.1–11–1 Effective November 22, 1992. 


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Description of federal requirement (include checklist #, if 

relevant) 

Federal Register date and 

page (and/or RCRA statutory authority) Analogous state authority 

Burning of Hazardous Wastes in Boilers and Industrial 

Furnaces; Technical Amendments III Checklist 111.

August 25, 1992; 57 FR 

38558.

329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–5–2; 3.1–6–1; 3.1– 

6–2(2); 3.1–9–1; 3.1–9–2(1); 3.1–10–1; 3.1–10–2(1– 

3); 3.1–11–1 Effective August 17, 1996. 

Burning of Hazardous Wastes in Boilers and Industrial 

Furnaces; Technical Amendment IV Checklist 114.

September 30, 1992; 57 FR 

44999.

329 IAC 3.1–11–1 Effective August 17,1996. 

Boilers and Industrial Furnaces; Changes for Consistency with New Air Regulations.

Checklist 125 ....................................................................

July 20, 1993; 58 FR 38816 329 IAC 3.1–1–7; 3.1–11–1 Effective August 17, 1996. 

Boilers and Industrial Furnaces; Administrative Stay and 

Interim Standards for Bevill Residues Checklist 127.

November 9, 1993; 58 FR 

59598.

329 IAC 3.1–11–1 Effective August 17, 1996. 

Hazardous Air Pollutant Standards; Technical Corrections Checklist 188.2.July 3, 2001; 66 FR 42292 329 IAC 3.1–6–1; 3.1–9–1; 3.1–13–1 Effective February 13, 2004. 

ZincFertilizers Made From Recycled Hazardous Secondary Materials Checklist 200.July 24, 2002; 67 FR 48393 329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–11–1; 3.1–12–1 Effective May 13, 2005. 

Land Disposal Restrictions: National Treatment Variance 

to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury, and Silver 

Containing Batteries Checklist 201.

October 7, 2002; 67 FR 

62617.

329 IAC 3.1–12–1 Effective May 13, 2005. 

NESHAP: Standards for Hazardous Air Pollutants for 

Hazardous Waste Combustors-Corrections Checklist 

202.

December 19, 2002; 67 FR 

77687.

329 IAC 3.1–13–1 Effective May 13, 2005. 

Hazardous Waste Management System; Identification 

and Listing of Hazardous Waste; Recycled Used Oil 

Management Standards Checklist 203.

July 30, 2003; 68 FR 44659 329 IAC 3.1–6–2(16); 13–1–1; 13–1–2; 13–3–1; 13–3– 

(b)(2) Effective May 13, 2005. 

National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty 

Trucks Checklist 205.

April 26, 2004; 69 FR 

22601.

329 IAC 3.1–9–1; 3.1–10–1 Effective September 5, 

2006. 

Hazardous Waste—Nonwastewaters From Production of 

Dyes, Pigments, and Food, Drug and Cosmetic 

Colorants; Mass Loadings-Based Listing Checklist 206 

as amended Checklist 206.1.

February 24, 2005; 70 FR 

9138; June 16, 2005; 70 

FR 35032.

329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–6–2(19),(20); 3.1– 

12–1 Effective September 5, 2006. 

Hazardous Waste Management System; Modification of 

the Hazardous Waste Manifest System Checklist 207 

as Amended Checklist 207.1.

March 4, 2005; 70 FR 

10776; June 16, 2005; 70 

FR 35034.

329 IAC 3.1–4–1; 3,1–4–1(b); 3.1–6–1; 3.1–7–1; 3.1– 

7–2(2); 3.1–7–2(7); 3.1–8–1; 3.1–8–2(1),(2); 3.1–9–1; 

3.1–9–2(6); 3.1–9–2(8); 3.1–10–1; 3.1–10–2(8); 3.1– 

10–2(11) Effective September 5, 2006. 

Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule and SW–846 Final 

Update IIIB Checklist 208 as amended Checklist 

208.1.

June 14, 2005; 70 FR 

34537; August 1, 2005; 

70 FR 44151.

329 IAC 3.1–1–7; 3.1–5–2; 3.1–5–3; 3.1–6–1; 3.1–6– 

2(7); 3.1–9–1; 3.1–9–2(10); 3.1–10–1; 3.1–10–2(21); 

3.1–11–1; 3.1–11–2(2); 3.1–12–2; 3.1–12– 

2(1)(D),(2)(D), (3); 3.1–13–1; 13–1–1; 13–1–2; 13–3– 

1; 13–3–1(b)(2); 13–6–5; 13–7–4; 13–8–4 Effective 

September 5, 2006. 

Hazardous Waste Management System; Modification of 

the Hazardous Waste Program; Mercury Containing 

Equipment Checklist 209.

August 5, 2005; 70 FR 

45507.

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; 3.1–16–1; 3.1–16–2(a)(3); 

3.1–16–2(a)(7) Effective September 5, 2006. 

Standardized Permit for RCRA Hazardous Waste Management Facilities Checklist 210.September 8, 2005; 70 FR 

53420.

329 IAC 3.1–1–7; 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1– 

11.5–1; 3.1–11.5–2(1–7); 3.1–13–1; 3.1–13–2(1–3); 

3.1–13–2(5); 3.1–13–2(13); 3.1–13–3; 3.1–13–4; 3.1– 

13–5; 3.1–13–6; 3.1–13–7; 3.1–13–8; 3.1–13–9; 3.1– 

13–10; 3.1–13–11; 3.1–13–12; 3.1–13–13; 3.1–13– 

14; 1.3–13–15; 3.1–13–16; 3.1–13–17; 3.1–13–18; 

3.1–13–19; 3.1–13–21; 3.1–15 Effective September 

20, 2010. 

Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures.

Checklist 211 ....................................................................

October 4, 2005; 70 FR 

57769.

329 IAC 3.1–6–1 Effective January 25, 2008. 

NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and 

Phase II) Checklist 212.

October 12, 2005; 70 FR 

59402.

329 IAC 3.1–1–7; 3.1–9–1; 3.1–10–1; 3.1–11–1; 3.1– 

13–1; 3.1–13–2(5); 3.1–13–2(9–11); 3.1–13–3 Effective January 25, 2008. 

Burden Reduction Initiative Checklist 213 ........................ April 4, 2006; 71 FR 16862 329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1–9–1; 3.1– 

9–2(9); 3.1–9–2(13),(14),(15); 3.1–9–3(a),(b),(c); 3.1– 

10–1; 3.1–10–2(5),(6); 3.1–10–2(11), (12), (13); 3.1– 

10–2(15–21); 3.1–11–1; 3.1–11–2(2); 3.1–12–1; 3.1– 

12–2(6); 3.1–13–1; 3.1–13–2(7),(8); 3.1–15–8; 3.1– 

15–9; 3.1–15–10 Effective January 25, 2008. 


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Description of federal requirement (include checklist #, if 

relevant) 

Federal Register date and 

page (and/or RCRA statutory authority) Analogous state authority 

Corrections to Errors in the Code of Federal Regulations 

Checklist 214.

July 14, 2006; 71 FR 40254 329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–5–3; 3.1–5–5; 3.1– 

6–1; 3.1–6–2(2); 3.1–6–2(4); 3.1–6–2(8),(9); 3.1–6– 

2(17–20); 3.1–7–1; 3.1–7–2(7); 3.1–7–2(9); 3.1–7– 

12; 3.1–7–16; 3.1–9–1; 3.1–9–2(1), (2); 3.1–9–2(9); 

3.1–9–2(14); 3.1–9–2(16); 3.1–9–2(17); 3.1–9–2(21); 

3.1–9–3(c); 3.1–10–1; 3.1–10–2(1), (2), (3); 3.1–10– 

2(5), (6); 3.1–10–2 (13); 3.1–10–2(14); 3.1–10–2(18– 

23); 3.1–11–1; 3.1–11–2 (2), (3); 3.1–11.5–2(6); 3.1– 

12–1; 3.1–12–2(1); 3.1–12–2(5); 3.1–12–2(7); 3.1– 

13–1; 3.1–13–2(1), (2), (3); 3.1–13–2(5); 3.1–13– 

2(7), (8); 3.1–13–3; 3.1–13–4; 3.1–13–5; 3.1–13–6; 

3.1–13–7; 3.1–13–8; 3.1–13–9; 3.1–13–10; 3.1–13– 

11; 3.1–13–12; 3.1–13–13; 3.1–13–14; 3.1–13–15; 

3.1–13–16; 3.1–13–17; 3.1–14–26; 3.1–14–27; 3.1– 

14–28; 3.1–14–29; 3.1–14–30; 3.1–14–31; 3.1–14– 

32; 3.1–14–33; 3.1–14–34; 3.1–14–35; 3.1–14–36; 

3.1–14–37; 3.1–14–38; 3.1–14–39; 3.1–14–40; 3.1– 

15–1; 3.1–15–3; 3.1–15–4; 3.1–15–8; 3.1–15–9; 3.1– 

15–10; 3.1–16–1; 3.1–16–2(a)(1–4); 3.1–16–2(a)(6), 

(7), (8); 13–2; 13–1–1; 13–1–2; 13–3–1; 13–3–2; 13– 

6–4; 13–6–5; 13–6–6; 13–7–3; 13–7–6; 13–7–8; 13– 

7–10; 13–8–4; 13–8–5; 13–9–1 Effective September 

20, 2010. 

Cathode Ray Tube Exclusion Checklist 215 .................... July 28, 2006; 71 FR 42928 329 IAC 3.1–4–1; 3.1–4.1–(b); 3.1–6–1 Effective January 25, 2008. 

Exclusion of Oil Bearing Secondary Materials Processed 

in a Gasification System to Produce Synthesis Gas 

Checklist 216.

January 2, 2008; 73 FR 57 329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1 Effective October 11, 2009. 

NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and 

Phase II) Amendments Checklist 217.

April 8, 2008; 73 FR 18970 329 IAC 3.1–9–1; 3.1–11–1 Effective October 11, 2009. 

F019 Exemption for Wastewater Treatment Sludges 

from Auto Manufacturing Zinc Phosphating Processes 

Checklist 218.

June 4, 2008; 73 FR 31756 329 IAC 3.1–6–1 Effective October 11, 2009. 

Academic Laboratories Generator Standards Checklist 

220.

December 1, 2008; 73 FR 

72912.

329 IAC 3.1–1–7; 3.1–6–1; 3.1–7–1 Effective September 26, 2010. 

G. Which revised State rules are 

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. EPA will continue to implement 

those requirements. In 329 IAC 3.1–6– 

3 Indiana is more stringent in adding six 

hazardous wastes to the acute hazardous 

waste list that are not acute hazardous 

wastes in 40 CFR part 261. In section 

3.1–9–2, Indiana maintains more 

stringent levels for groundwater 

protection for several of the constituents 

listed in Table 1 of 40 CFR 264.94. 

There are no Broader in Scope or more 

stringent provisions in Indiana’s rules 

analogous to this application. 

H. Who handles permits after 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 

proposed 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 

the 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 on these lands. 

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 authorized 

rules, up to and including those revised 

January 4, 2001, have previously been 

codified through the incorporation-byreference 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 no 

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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
61330 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules 

applicable executive orders and 

statutory provisions as follows: 

1. Executive Order 18266: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

The Office of Management and Budget 

has exempted this rule from its review 

under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821 January 21, 

2011). 

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 

This rule authorizes state 

requirements for the purpose of RCRA 

3006 and imposes no additional 

requirements beyond those required by 

state law. Accordingly, I certify that this 

rule 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.). 

4. Unfunded Mandates Reform Act 

Because this rule approves preexisting 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 as defined in Executive 

Order 12866 and because the EPA does 

not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

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 

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 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 18, 

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. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Because this rule proposes 

authorization of pre-existing state rules 

and imposes no additional requirements 

beyond those imposed by state law and 

there are no anticipated significant 

adverse human health or environmental 

effects, the rule is not subject to 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

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: September 19, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–24779 Filed 10–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[WT Docket No. 12–269; FCC 12–119] 

Policies Regarding Mobile Spectrum 

Holdings 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on whether 

to retain or modify the current case-bycase analysis used to evaluate mobile 

spectrum holdings in the context of 

transactions and auctions, as well as 

whether to adopt bright-line limits 

advocated by some providers and public 

interest groups. In addition, the 

Commission seeks comment on 

updating the spectrum bands that 

should be included in any evaluation of 

mobile spectrum holdings and whether 

to make distinctions between different 

bands. Further, the Commission seeks 

comment on the appropriate product 

and geographic markets and other 

implementation issues such as 

attribution rules, remedies, and possible 

transition issues. 

DATES: Interested parties may file 

comments on or before November 23, 

2012, and reply comments on or before 

December 24, 2012. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 12–269, by 

any of the following methods: 

D Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 


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