33986 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 

§ 52.2565 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of West Virginia’’ and all revisions 

submitted by West Virginia that were 

federally approved prior to December 1, 

2004. The information in this section is 

available in the 40 CFR, part 52, Volume 

2 of 2 (§§ 52.1019 to the end of part 52) 

editions revised as of July 1, 2005 

through July 1, 2011, and the 40 CFR, 

part 52, Volume 3 of 3 (§§ 52.2020 to the 

end of part 52) edition revised as of July 

1, 2012. 

(b) [Reserved] 

[FR Doc. 2013–13353 Filed 6–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2012–0377; FRL–9817–9] 

Indiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is granting the State of 

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 October 9, 

2012, and provided for public comment. 

EPA received no comments. No further 

opportunity for comment will be 

provided. EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization. 

DATES: The final authorization will be 

effective on June 6, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R05–RCRA– 

2012–0377. 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., Confidential Business 

Information 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 

either electronically at 

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 60604, 

contact: Gary Westefer (312) 886–7450; 

or Indiana Department of Environmental 

Management, 100 North Senate, 

Indianapolis, Indiana 46204, contact: 

Dan Watts (317) 234–5345. 

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 

final rule? 

We conclude that Indiana’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we propose to grant 

Indiana final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Indiana 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 final rule? 

This final rule requires all facilities in 

Indiana that are subject to RCRA to 

comply with the newly-authorized state 

requirements instead of the equivalent 

Federal requirements. 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, authorize EPA 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 that 

EPA is authorizing in this action are 

already in effect, and will not be 

changed by this action. 

D. Proposed Rule 

On October 9, 2012 (77 FR 61326), 

EPA proposed to authorize changes to 

Indiana’s hazardous waste program and 

opened the decision to public comment. 

The Agency received no comments on 

this proposal. EPA found Indiana’s 

RCRA program to be satisfactory. 

E. What RCRA authorization has EPA 

previously granted Indiana to 

implement? 

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, effective 

October 29, 2004 (69 FR 63100); and 

November 23, 2005 effective November 

23, 2005 (70 FR 70740). 


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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 33987 

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 its 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. 

Therefore, we are granting Indiana final 

authorization for the following program 

changes (a table with the complete state 

analogues is provided in the October 9, 

2012 proposed rule): 

Burning of Hazardous Wastes in Boilers 

and Industrial Furnaces, Checklist 85, 

February 21, 1991 (56 FR 7134); 

Burning of Hazardous Wastes in Boilers 

and Industrial Furnaces; Corrections 

and Technical Amendments I, 

Checklist 94, July 17, 1991 (56 FR 

32688); 

Burning of Hazardous Wastes in Boilers 

and Industrial Furnaces; Technical 

Amendments II, Checklist 96, August 

27, 1991 (56 FR 42504); 

Coke Ovens Administrative Stay, 

Checklist 98, September 5, 1991 (56 

FR 43874); 

Burning of Hazardous Wastes in Boilers 

and Industrial Furnaces; Technical 

Amendments III, Checklist 111, 

August 25, 1992 (57 FR 38558); 

Burning of Hazardous Wastes in Boilers 

and Industrial Furnaces; Technical 

Amendment IV, Checklist 114, 

September 30, 1992 (57 FR 44999); 

Boilers and Industrial Furnaces; 

Changes for Consistency with New 

Air Regulations, Checklist 125, July 

20, 1993 (58 FR 38816); 

Boilers and Industrial Furnaces; 

Administrative Stay and Interim 

Standards for Bevill Residues, 

Checklist 127, November 9, 1993 (58 

FR 59598); 

Hazardous Air Pollutant Standards; 

Technical Corrections, Checklist 

188.2, July 3, 2001 (66 FR 42292); 

Zinc Fertilizers Made From Recycled 

Hazardous Secondary Materials, 

Checklist 200, July 24, 2002 (67 FR 

48393); 

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); 

NESHAP: Standards for Hazardous Air 

Pollutants for Hazardous Waste 

Combustors-Corrections, Checklist 

202, December 19, 2002 (67 FR 

77687); 

Hazardous Waste Management System; 

Identification and Listing of 

Hazardous Waste; Recycled Used Oil 

Management Standards, Checklist 

203, July 30, 2003 (68 FR 44659); 

National Emission Standards for 

Hazardous Air Pollutants: Surface 

Coating of Automobiles and LightDuty Trucks, Checklist 205, April 26, 

2004 (69 FR 22601) 

Hazardous Waste—Nonwastewaters 

From Production of Dyes, Pigments 

and Food, Drug and Cosmetic 

Colorants; Mass Loadings-Based 

Listing, Checklist 206, February 24, 

2005 (70 FR 9138), as amended, 

Checklist 206.1, June 16, 2005 (70 FR 

35032); 

Hazardous Waste Management System; 

Modification of the Hazardous Waste 

Manifest System, Checklist 207, 

March 4, 2005 (70 FR 10776), as 

amended, Checklist 207.1, June 16, 

2005 (70 FR 35034); 

Waste Management System; Testing and 

Monitoring Activities; Methods 

Innovation Rule and SW–846 Final 

Update IIIB, Checklist 208, June 14, 

2005 (70 FR 34537), as amended, 

Checklist 208.1, August 1, 2005 (70 

FR 44151); 

Hazardous Waste Management System; 

Modification of the Hazardous Waste 

Program; Mercury Containing 

Equipment, Checklist 209, August 5, 

2005 (70 FR 45507); 

Standardized Permit for RCRA 

Hazardous Waste Management 

Facilities, Checklist 210, September 8, 

2005 (70 FR 53420); 

Revision of Wastewater Treatment 

Exemptions for Hazardous Waste 

Mixtures, Checklist 211, October 4, 

2005 (70 FR 57769); 

NESHAP: Final Standards for 

Hazardous Waste Combustors (Phase I 

Final Replacement Standards and 

Phase II), Checklist 212, October 12, 

2005 (70 FR 59402); Burden 

Reduction Initiative, Checklist 213, 

April 4, 2006 (71 FR 16862); 

Corrections to Errors in the Code of 

Federal Regulations, Checklist 214, 

July 14, 2006 (71 FR 40254); 

Cathode Ray Tube Exclusion, Checklist 

215, July 28, 2006 (71 FR 42928); 

Exclusion of Oil Bearing Secondary 

Materials Processed in a Gasification 

System to Produce Synthesis Gas, 

Checklist 216, January 2, 2008 (73 FR 

57); 

NESHAP: Final Standards for 

Hazardous Waste Combustors (Phase I 

Final Replacement Standards and 

Phase II) Amendments, Checklist 217, 

April 8, 2008 (73 FR 18970); 

Wastewater Treatment Sludges from 

Auto Manufacturing Zinc 

Phosphating Processes, Checklist 218, 

June 4, 2008 (73 FR 31756); and 

Academic Laboratories Generator 

Standards, Checklist 220, December 1, 

2008 (73 FR 72912). 

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 than the 

Federal requirements: The state has 

added six hazardous wastes to its acute 

hazardous waste list that are not acute 

hazardous wastes in 40 CFR Part 261. In 

329 IAC 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 

other provisions that are more stringent 

than the Federal requirements in 

Indiana’s rules in 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 this final 

rule 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 final rule 

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. 

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 


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33988 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations 

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 incorporation-byreference, effective December 24, 2001 

(66 FR 53724, 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 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 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 authorizes preexisting 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). 

13. Congressional Review Act 

EPA will submit a report containing 

this rule and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until sixty (60) days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This final 

authorization will be effective June 6, 

2013. 

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: May 9, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–13445 Filed 6–5–13; 8:45 am] 

BILLING CODE 6560–50–P 


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