15404 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

timely comments adverse to or critical

of the approval discussed above, which

have not been addressed by the State or

EPA, EPA will publish a Federal

Register document which withdraws

this final action. All public comments

received will then be addressed in a

subsequent rulemaking document based

on the proposed approval. EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time.

Copies of the State’s submittal and

other information relied upon for the

final approval are contained in a

rulemaking file maintained at the EPA

Regional Office. The file is an organized

and complete record of all the

information submitted to, or otherwise

considered by, EPA in the development

of this final approval. The file is

available for public inspection at the

location listed under the ADDRESSES

section of this document.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to the State’s

delegated air toxics program. EPA shall

consider each request for revision to the

State’s delegated air toxics program in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget exempted this

regulatory action from Executive Order

12866 review.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. (5 U.S.C. 603

and 604.) Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Delegation of the Section 112

standards unchanged from the Federal

standard does not create any new

requirements, but simply allows the

State to administer requirements that

have been or will be separately

promulgated. Therefore, because this

delegation approval does not impose

any new requirements, I certify that it

does not have a significant impact on

any small entities affected.

Under Sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

EPA has determined that the approval

action promulgated today does not

constitute a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. The State voluntarily

requested this delegation under Section

112(l) for the purpose of implementing

and enforcing the air toxics program

with respect to sources not covered by

Part 70. The delegation imposes no new

Federal requirements. Since the State

was not required by law to seek

delegation, this Federal action does not

impose a mandate on the State.

Under Section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 2, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See Section

307(b)(2).)

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental Protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations.

Authority: 42 U.S.C. 7401, et seq.

Dated: February 7, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

[FR Doc. 97–8183 Filed 3–31–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 63

[IN74–1(a); FRL–5687–8]

Approval of Section 112(l) Program of

Delegation; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving, through a

‘‘direct final’’ procedure, a request for

delegation of the Federal air toxics

program contained within 40 CFR Parts

61 and 63 pursuant to section 112(l) of

the Clean Air Act (CAA) of 1990. The

State’s mechanism of delegation

involves State rule adoption of all

existing and future section 112

standards unchanged from the Federal

standards. The actual delegation of

authority of individual standards will be

in the form of a letter from EPA to the

Indiana Department of Environmental

Management (IDEM). This request for

approval of a mechanism of delegation

encompasses all sources not covered by

the Part 70 program.

DATES: This action will become effective

June 2, 1997, unless adverse or critical

comments not previously addressed by

the State or EPA are received by May 1,

1997. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State’s

submittal and other supporting

information used in developing the

approval are available for inspection

during normal business hours at the

following location: EPA Region 5, 77

West Jackson Boulevard, AR–18J,

Chicago, Illinois, 60604.

Please contact Sam Portanova at (312)

886–3189 to arrange a time if inspection

of the submittal is desired.

FOR FURTHER INFORMATION CONTACT: Sam

Portanova, AR–18J, 77 West Jackson

Boulevard, Chicago, Illinois, 60604,

(312) 886–3189.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

Section 112(l) of the CAA enables the

EPA to approve State air toxics

programs or rules to operate in place of

the Federal air toxics program. The

Federal air toxics program implements

the requirements found in section 112 of

the CAA pertaining to the regulation of

hazardous air pollutants. Approval of an
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15405

air toxics program is granted by the EPA

if the Agency finds that the State

program: (1) Is ‘‘no less stringent’’ than

the corresponding Federal program or

rule, (2) the State has adequate authority

and resources to implement the

program, (3) the schedule for

implementation and compliance is

sufficiently expeditious, and (4) the

program is otherwise in compliance

with Federal guidance. Once approval is

granted, the air toxics program can be

implemented and enforced by State or

local agencies, as well as EPA.

Implementation by local agencies is

dependent upon appropriate

subdelegation.

On February 7, 1996, Indiana

submitted to EPA a request for

delegation of authority to implement

and enforce the air toxics program

under section 112 of the CAA. On

February 29, 1996, EPA found the

State’s submittal complete. In this

document EPA is taking final action to

approve the program of delegation for

Indiana.

II. Review of State Submittal

A. Program Summary

Requirements for approval, specified

in section 112(l)(5), require that a State’s

program contain adequate authorities,

adequate resources for implementation,

and an expeditious compliance

schedule. These requirements are also

requirements for an adequate operating

permits program under Part 70 (40 CFR

70.4). On November 14, 1995, EPA

promulgated a final interim approval

under Part 70 of the State of Indiana’s

Operating Permit Program. The notice

included the approval of a mechanism

for delegation of all section 112

standards for sources subject to the Part

70 program. Sources subject to the Part

70 program are those sources that are

operating pursuant to a Part 70 permit

issued by the State, local agency, or

EPA. Sources not subject to the Part 70

program are those sources that are not

required to obtain a Part 70 permit from

either the State, local agency, or EPA.

This action supplements the Part 70

rulemaking in that Indiana will have the

authority to implement and enforce the

section 112 air toxics program

regardless of a source’s Part 70

applicability. The Indiana program of

delegation for sources not subject to Part

70 will not include delegation of section

112(r) authority or section 112(i)(5)

Early Reductions Program authority.

As stated above, this document

constitutes EPA’s approval of Indiana’s

program of delegation of all existing and

future air toxics standards, except for

section 112(r) standards as they pertain

to non-Part 70 sources. This delegation

is for State rule adoption of all existing

and future section 112 standards

unchanged from the Federal standards

delegation. Indiana intends to seek such

delegation for all section 112 standards

with the exception of section 112(r). The

Indiana program of delegation will

operate as follows:

1. For existing section 112 standards,

IDEM has submitted a schedule for their

adoption into the State regulations.

2. For a future section 112 standard

for which IDEM intends to accept

delegation, EPA will automatically

delegate the authority to implement a

standard to the State by letter unless

IDEM notifies EPA differently within 45

days of EPA final promulgation of the

standard. Upon receipt of the EPA letter,

the State will be responsible for the

implementation of the standard. Some

activities necessary for effective

implementation of the standard include

receipt of initial notifications,

recordkeeping, reporting and generally

assuring that sources subject to the

standard are aware of its existence.

3. IDEM will adopt the standard

unchanged from the Federal standard

into the State regulations as

expeditiously as practicable. Indiana

Code (IC) 13–7–7–5 requires IDEM to

adopt such standards within 9 months

of the effective date of the Federal

standard.

4. Upon completion of regulatory

action, IDEM will submit to EPA proof

of rule adoption.

5. EPA will respond with a letter

delegating enforcement authority to the

State. EPA will enforce the standard

until such time the State has been

delegated the enforcement authority.

Indiana will assume responsibility for

the timely implementation and

enforcement required by the standard,

as well as any further activities agreed

to by IDEM and EPA. When deemed

appropriate, IDEM will utilize the

resources of its Small Business

Assistance Program to assist in general

program implementation.

B. Criteria for Approval

On November 26, 1993, EPA

promulgated regulations to provide

guidance relating to the approval of

State programs under section 112(l) of

the CAA. 58 FR 62262. That rulemaking

outlined the requirements of approval

with respect to various delegation

options. The requirements for approval,

pursuant to section 112(l)(5) of the CAA,

of a program to implement and enforce

Federal section 112 rules as

promulgated without changes are found

at 40 CFR 63.91. Any request for

approval must meet all section 112(l)

approval criteria, as well as all approval

criteria of 40 CFR 63.91. A more

detailed analysis of the State’s submittal

pursuant to 40 CFR 63.91 is contained

in the Technical Support Document

included in the docket of this

rulemaking.

Under section 112(l) of the CAA,

approval of a State program is granted

by the EPA if the Agency finds that it:

(1) Is ‘‘no less stringent’’ than the

corresponding Federal program, (2) that

the State has adequate authority and

resources to implement the program, (3)

the schedule for implementation and

compliance is sufficiently expeditious,

and (4) the program is otherwise in

compliance with Federal guidance.

C. Analysis

EPA is approving Indiana’s

mechanism of delegation because the

State’s submittal meets all requirements

necessary for approval under section

112(l). The first requirement is that the

program be no less stringent than the

Federal program. The Indiana program

is no less stringent than the

corresponding Federal program or rule

because the State has requested

delegation of all standards unchanged

from the Federal standards.

Second, the State has shown that it

has adequate authority and resources to

implement the program. The Indiana

Air Pollution Control Board has

statutory authority to adopt rules

necessary to implement the Federal

Clean Air Act, as amended by the Clean

Air Act Amendments of 1990. IC 13–1–

1–4. This authority includes the ability

to adopt federal section 112 rules as

promulgated without change. Indiana

has adopted several existing section 112

rules, is in the process of adopting the

remaining existing section 112 rules,

and commits to the expeditious

adoption of future section 112 rules.

Adequate resources will be obtained

through section 105 grant monies

awarded to States by EPA, through State

matching funds, and through any

monies from the State’s Title V program

that can be used to fund acceptable Title

V activities with respect to these nonPart 70 sources.

Third, upon promulgation of a

standard, Indiana will immediately

begin activities necessary for timely

implementation of the standard. These

activities will involve identifying

sources subject to the applicable

requirement, education and outreach to

affected sources, and providing

assistance to sources in completing and

submitting initial notifications. Indiana

has already conducted such activities

for several section 112 standards. In

addition, Indiana is committed to
15406 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

adopting section 112 standards into the

State regulations within 9 months of

Federal promulgation. This schedule is

sufficiently expeditious for approval.

Fourth, nothing in the Indiana

program for delegation is contrary to

Federal guidance.

D. Determinations

In approving this delegation, EPA

expects that the State will obtain

concurrence from EPA on any matter

involving the interpretation of section

112 of the Clean Air Act or 40 CFR Part

63 to the extent that implementation,

administration, or enforcement of these

sections have not been covered by EPA

determinations or guidance.

III. Final Action

The EPA is promulgating final

approval of the February 7, 1996,

request by the State of Indiana for

delegation of section 112 standards

unchanged from Federal standards

because the request meets all

requirements of 40 CFR 63.91 and

section 112(l) of the CAA. Upon the

effective date of this document, all

existing section 112 standards which

have been adopted unchanged into the

State rules are delegated to the State of

Indiana. Future delegation of the section

112 standards to the State will occur

upon EPA’s promulgation of the

standard according to the procedures

outlined in this rulemaking action.

Upon the effective date of this action,

all notifications, reports and other

correspondence required under section

112 standards should be sent to the

State of Indiana rather than to the EPA,

Region 5, in Chicago. Affected sources

should send this information to: Indiana

Department of Environmental

Management, Office of Air Management,

100 North Senate Avenue, P.O. Box

6015, Indianapolis, Indiana 46206–

6015.

In this action, EPA approves the

delegation of the Federal air toxics

program pursuant to section 112(l) of

the CAA. EPA is publishing this action

without prior proposal because EPA

views this action as a noncontroversial

revision and anticipates no adverse

comments. However, the rulemaking

will not be deemed final if timely

unaddressed adverse or critical

comments are filed. The ‘‘direct final’’

approval shall be effective on June 2,

1997, unless EPA receives such adverse

or critical comments by May 1, 1997.

EPA is now soliciting public comments

on this action. Any parties interested in

commenting on this action should do so

at this time. In the proposed rules

section of this Federal Register, EPA is

publishing a separate document which

constitutes a ‘‘proposed approval’’ of the

requested delegation. If EPA receives

timely comments adverse to or critical

of the approval discussed above, which

have not been addressed by the State or

EPA, EPA will publish a Federal

Register document which withdraws

this final action. All public comments

received will then be addressed in a

subsequent rulemaking document based

on the proposed approval. EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time.

Copies of the State’s submittal and

other information relied upon for the

final approval are contained in a docket

maintained at the EPA Regional Office.

The docket is an organized and

complete file of all the information

submitted to, or otherwise considered

by, EPA in the development of this final

approval. The docket is available for

public inspection at the location listed

under the ADDRESSES section of this

document.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to the State’s

delegated air toxics program. EPA shall

consider each request for revision to the

State’s delegated air toxics program in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The Office of

Management and Budget exempted this

regulatory action from Executive Order

12866 review.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. (5 U.S.C. 603

and 604.) Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Delegation of the section 112

standards unchanged from the Federal

standard does not create any new

requirements, but simply allows the

State to administer requirements that

have been or will be separately

promulgated. Therefore, because this

delegation approval does not impose

any new requirements, I certify that it

does not have a significant impact on

any small entities affected.

Under sections 202, 203 and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector, or to State,

local, or tribal governments in the

aggregate.

EPA has determined that the approval

action promulgated today does not

constitute a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. The State voluntarily

requested this delegation under section

112(l) for the purpose of implementing

and enforcing the air toxics program

with respect to sources not covered by

Part 70. The delegation imposes no new

Federal requirements. Since the State

was not required by law to seek

delegation, this Federal action does not

impose a mandate on the State.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 2, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental Protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations.

Authority: 42 U.S.C. 7401, et seq.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15407

Dated: January 28, 1997.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 97–8181 Filed 3–31–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5802–9]

State of Florida: Final Authorization of

State Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Florida has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA).

The Environmental Protection Agency

(EPA) has reviewed Florida’s

application and has made a decision,

subject to public review and comment,

that Florida’s hazardous waste

management program revision satisfies

all of the requirements necessary to

qualify for final authorization. Thus,

EPA intends to approve Florida’s

hazardous waste management program

revision. Florida’s application for

program revision is available for public

review and comment.

DATES: Final authorization for Florida

will be effective June 2, 1997 unless

EPA publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Florida’s

program revision application must be

received by the close of business May 1,

1997.

ADDRESSES: Copies of Florida’s program

revision applications are available

during the regular business hours of

8:00 a.m. to 4:30 p.m. at the following

addresses for inspection and copying:

Florida Department of Environmental

Protection, Twin Towers Office

Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399. U.S. EPA

Region IV, Library, Atlanta Federal

Center, 100 Alabama Street, S.W.,

Atlanta, Georgia 30303–3104. Written

comments should be sent to Narindar

Kumar, Chief, RCRA Branch, U.S. EPA,

Atlanta Federal Center, 100 Alabama

Street, S.W., Atlanta, Georgia 30303–

3104. Telephone (Florida State

Coordinator) 404–562–8469.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, (404) 562–8448.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

Section 3006(b) of the Resource

Conservation and Recovery Act

(‘‘RCRA’’ or ‘‘the Act’’), 42 U.S.C.

6929(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Pub. L. 98–616, November 8, 1984,

hereinafter ‘‘HSWA’’) allows States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive ‘‘interim authorization’’ for the

HSWA requirements under Section

3006(g) of RCRA, 42 U.S.C. 6926(g), and

later apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA’s regulations in 40 CFR Parts 124,

260 through 266, 268, 270 and 279.

B. Florida

Florida initially received final

authorization on February 12, 1985.

Florida received authorization for

revisions to its program on January 30,

1988; January 3, 1989; February 12,

1991; April 6, 1992; July 20, 1992; April

7, 1992; April 6, 1992, and September

9, 1994. HSWA Cluster I, without

corrective action, was authorized on

January 10, 1994, and HSWA II was

authorized on December 27, 1994.

RCRA I and II were authorized on

October 17, 1994. Today, Florida is

seeking approval of its program revision

for RCRA Cluster III, RCRA Cluster IV,

and the Universal Waste Rule from

RCRA Cluster V in accordance with 40

CFR 271.21(b)(3).

EPA has reviewed Florida’s

applications, and has made an

immediate final decision that Florida’s

hazardous waste program revisions

satisfies all of the requirements

necessary to qualify for final

authorization. Consequently, EPA

intends to grant final authorization for

the additional program modifications to

Florida. Florida has also made

conforming changes to make its

regulations internally consistent relative

to the revisions made for the above

listed authorizations. EPA has reviewed

these changes and has made an

immediate final decision, in accordance

with 40 CFR 271.21(b)(3), that Florida’s

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization. The

public may submit written comments on

EPA’s immediate final decision up until

May 1, 1997. Copies of Florida’s

application for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this notice.

Approval of Florida’s program

revision will become effective in 60

days unless an adverse comment

pertaining to the State’s revision

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received EPA will

publish either (1) a withdrawal of the

immediate final decision or (2) a notice

containing a response to comments

which affirms that either the immediate

final decision takes effect or reverses the

decision.

Florida is seeking approval for its rule

revision for the RCRA Cluster III, RCRA

Cluster IV and the Universal Waste Rule

in RCRA Cluster V. Florida adopts the

federal rules by reference and the

authority is found in Florida Statute

(FS) 403.704(15) (1993). The Florida

Administrative Code (FAC) Chapter 62–

730, effective 1/5/95, and the FAC

effective 9/7/95, document the adoption

of the federal rules and extends the

description of the rules which apply in

Florida. The following chart is a listing

of the Federal requirements and

Florida’s analogous rule and supporting

statutes.

Checklist Federal provision State provision

109 HSWA, 57 FR 37194 8/18/92,

Land Disposal Restrictions for Newly Listed Wastes

and Debris

40 CFR Parts

260.10, 261.3

262.34

264.110,

62–730.020(1) F.A.C. 403.704(15) F.S.,

62–730.030(1), 403.72,

62–730.160(1), 403.721,

62–730.180 (1) & (2), 403.721 (2) & (6), 403.724.

264.111,

264.112,

264.140,