Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70737 

by rule (PBR). The direct final action 

was published without prior proposal 

because EPA anticipated no adverse 

comment. EPA stated in the direct final 

rule that if EPA received adverse 

comment by October 28, 2005, EPA 

would publish a timely withdrawal in 

the Federal Register. EPA subsequently 

received a timely adverse comment on 

the direct final rule. Therefore, EPA is 

withdrawing the direct final approval. 

EPA will address the comment in a 

subsequent final action based on the 

parallel proposal also published on 

September 28, 2005 (70 FR 56612). As 

stated in the parallel proposal, EPA will 

not institute a second comment period 

on this action. 

DATES: The direct final rule published 

on September 28, 2005 (70 FR 56566) is 

withdrawn as of November 23, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7212; fax number 

214–665–7263; e-mail address 

spruiell.stanley@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides, Volatile organic 

compounds. 

Dated: November 15, 2005. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 05–23216 Filed 11–22–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0175; FRL–7722–6] 

Tralkoxydim; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of tralkoxydim in 

or on barley grain, barley hay, barley 

straw, wheat grain, and wheat hay, 

wheat forage, and wheat straw. 

Syngenta Crop Protection, Inc. 

requested this tolerance under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA). 

DATES: This regulation is effective 

November 23, 2005. Objections and 

requests for hearings must be received 

on or before January 23, 2006. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VI. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2005–

0175. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: Jim 

Tompkins, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5697; e-mail 

address:Tompkins.Jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers. 

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket/), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. Background and Statutory Findings 

In the Federal Register of June 22, 

2005 (70 FR 36162) (FRL–7715–6), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 6F4631) by 

Syngenta Crop Protection, Inc., P.O. Box 

18300, Greensboro, NC, 27419–8300. 

The petition requested that 40 CFR 

180.548 be amended by establishing a 

tolerance for residues of the herbicide 

tralkoxydim, 2-(Cyclohexen-1-one, 2-[1- 

(ethoxyimino)propyl]-3-hydroxy-5- 

(2,4,6-trimethylphenyl)-(9Cl), in or on 

barley grain, barley hay, wheat grain, 

and wheat hay at 0.02 parts per million 

(ppm) and barley straw, wheat forage, 

and wheat straw at 0.05 ppm. That 

notice included a summary of the 

petition prepared by Syngenta Crop 

Protection, Inc., the registrant. 

Public comments were received from 

B. Sachau who objected to the ‘‘sale or 

marketing’’ of this product. She asserted 

that the registrant’s statement in the 

notice of filing that ‘‘it is unlikely’’ that 

secondary residues would occur in 

animal commodities is not a ‘‘strong 

enough’’ standard. B. Sachau’s 

comments contained no scientific data 

or evidence to rebut the Agency’s 

conclusion that there is a reasonable 

certainty that no harm will result from 

aggregate exposure to tralkoxydim, 

including all anticipated dietary 

exposures and all other exposures for 

which there is reliable information. EPA 

has determined that there is no 

reasonable expectation of dietary risk 

due to residues of tralkoxydim 

occurring in meat, milk, poultry, or eggs 

70738 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

from its use on wheat and barley based 

on low levels of residues in wheat and 

barley and risk assessments that were 

conducted by the Agency. EPA has 

responded to B. Sachau’s generalized 

comments on numerous previous 

occasions (see 70 FR 1349, 1354 

(January 7, 2005); 69 FR 63083, 63096 

(October 29, 2004). 

Time limited tolerances for these 

commodities were previously 

established in the Federal Register of 

August 13, 2003 (68 FR 48299) (FRL–

7315–9). The tolerances expired on May 

1, 2005. The tolerances were time 

limited because a second species 

carcinogenicity study needed to be 

submitted and reviewed. The study was 

submitted and reviewed and is 

discussed below. 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. For 

further discussion of the regulatory 

requirements of section 408 of FFDCA 

and a complete description of the risk 

assessment process, see the final rule on 

Bifenthrin Pesticide Tolerances (62 FR 

62961, November 26, 1997) (FRL–5754–

7). 

III. Aggregate Risk Assessment and 

Determination of Safety 

Consistent with section 408(b)(2)(D) 

of FFDCA, EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action. EPA has sufficient data to assess 

the hazards of and to make a 

determination on aggregate exposure, 

consistent with section 408(b)(2) of 

FFDCA, for a tolerance for residues of 

tralkoxydim on barley grain, barley hay, 

wheat grain, and wheat hay at 0.02 parts 

per million (ppm) and barley straw, 

wheat forage, and wheat straw at 0.05 

ppm. 

EPA’s assessment of exposures and 

risks associated with establishing the 

tolerance was discussed in the Federal 

Register final rule of December 16, 1998 

(63 FR 69194) (FRL–6048–4). 

The only new data that have been 

submitted since this prior action are 

data from the second species 

carcinogenicity study. Based on this 

study, EPA downgraded the cancer 

classification of tralkoxydim from 

‘‘likely human carcinogen’’ to 

‘‘suggestive evidence of 

carcinogenicity.’’ This classification was 

based on the occurrence of benign 

testicular tumors at the high dose in 

male rats and equivocal evidence of 

carcinogenicity in female hamsters. In 

light of the prior cancer classification, 

EPA had previously conducted a 

quantitative cancer risk assessment for 

tralkoxydim and concluded that the 

cancer risk was negligible. Given that 

the new data indicate that tralkoxydim 

is less likely to be carcinogenic, EPA 

finds that its earlier cancer risk 

assessment more than adequately 

demonstrates that tralkoxydim poses a 

negligible cancer risk. Accordingly, in 

reliance on its previous risk assessment, 

as presented in the December 16, 1998 

notice, and the new cancer study, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, and to infants and 

children from aggregate exposure to 

tralkoxydim residues. 

IV. Conclusion 

Therefore, the tolerance is established 

for residues of tralkoxydim, 2- 

(Cyclohexen-1-one, 2-[1- 

(ethoxyimino)propyl]-3-hydroxy-5- 

(2,4,6-trimethylphenyl)-(9Cl), in or on 

the raw agricultural commodity barley 

grain, barley hay, wheat grain, and 

wheat hay at 0.02 ppm and barley straw, 

wheat forage, and wheat straw at 0.05 

ppm. 

V. Objections and Hearing Requests 

Under section 408(g) of FFDCA, as 

amended by FQPA, any person may file 

an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

Although the procedures in those 

regulations require some modification to 

reflect the amendments made to FFDCA 

by FQPA, EPA will continue to use 

those procedures, with appropriate 

adjustments, until the necessary 

modifications can be made. The new 

section 408(g) of FFDCA provides 

essentially the same process for persons 

to ‘‘object’’ to a regulation for an 

exemption from the requirement of a 

tolerance issued by EPA under new 

section 408(d) of FFDCA, as was 

provided in the old sections 408 and 

409 of FFDCA. However, the period for 

filing objections is now 60 days, rather 

than 30 days. 

A. What Do I Need to Do to File an 

Objection or Request a Hearing? 

You must file your objection or 

request a hearing on this regulation in 

accordance with the instructions 

provided in this unit and in 40 CFR part 

178. To ensure proper receipt by EPA, 

you must identify docket ID number 

OPP–2005–0175 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before January 23, 2006. 

1. Filing the request. Your objection 

must specify the specific provisions in 

the regulation that you object to, and the 

grounds for the objections (40 CFR 

178.25). If a hearing is requested, the 

objections must include a statement of 

the factual issues(s) on which a hearing 

is requested, the requestor’s contentions 

on such issues, and a summary of any 

evidence relied upon by the objector (40 

CFR 178.27). Information submitted in 

connection with an objection or hearing 

request may be claimed confidential by 

marking any part or all of that 

information as CBI. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. A copy of the 

information that does not contain CBI 

must be submitted for inclusion in the 

public record. Information not marked 

confidential may be disclosed publicly 

by EPA without prior notice. 

Mail your written request to: Office of 

the Hearing Clerk (1900L), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. You may also deliver 

your request to the Office of the Hearing 

Clerk in Suite 350, 1099 14th St., NW., 

Washington, DC 20005. The Office of 

the Hearing Clerk is open from 8 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Office of the Hearing 

Clerk is (202) 564–6255. 

2. Copies for the Docket. In addition 

to filing an objection or hearing request 

with the Hearing Clerk as described in 

Unit VI.A., you should also send a copy 

of your request to the PIRIB for its 

inclusion in the official record that is 

described in ADDRESSES. Mail your 

copies, identified by docket ID number 

OPP–2005–0175, to: Public Information 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70739 

and Records Integrity Branch, 

Information Technology and Resource 

Management Division (7502C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001. In person or by courier, bring a 

copy to the location of the PIRIB 

described in ADDRESSES. You may also 

send an electronic copy of your request 

via e-mail to: opp-docket@epa.gov. 

Please use an ASCII file format and 

avoid the use of special characters and 

any form of encryption. Copies of 

electronic objections and hearing 

requests will also be accepted on disks 

in WordPerfect 6.1/8.0 or ASCII file 

format. Do not include any CBI in your 

electronic copy. You may also submit an 

electronic copy of your request at many 

Federal Depository Libraries. 

B. When Will the Agency Grant a 

Request for a Hearing? 

A request for a hearing will be granted 

if the Administrator determines that the 

material submitted shows the following: 

There is a genuine and substantial issue 

of fact; there is a reasonable possibility 

that available evidence identified by the 

requestor would, if established resolve 

one or more of such issues in favor of 

the requestor, taking into account 

uncontested claims or facts to the 

contrary; and resolution of the factual 

issues(s) in the manner sought by the 

requestor would be adequate to justify 

the action requested (40 CFR 178.32). 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this rule has 

been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this rule is not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

special considerations under Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Since 

tolerances and exemptions that are 

established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on 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, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that 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.’’ This final rule 

directly regulates growers, food 

processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, 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, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit 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 United 

States prior to publication of this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—AMENDED 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.548 is amended by 

revising paragraph (a) to read as follows: 

§ 180.548 Tralkoxydim; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide, 

tralkoxydim, 2-Cyclohexen-1-one, 2-[1- 

(ethoxyimino)propyl]-3-hydroxy-5- 

70740 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

(2,4,6-trimethylphenyl)-(9Cl) in or on 

the raw agricultural commodities: 

Commodity Parts per 

million 

Barley, grain ............................. 0.02 

Barley, hay ................................ 0.02 

Barley, straw ............................. 0.05 

Wheat, forage ........................... 0.05 

Wheat, grain ............................. 0.02 

Wheat, hay ............................... 0.02 

Wheat, straw ............................. 0.05 

* * * * * 

[FR Doc. 05–23106 Filed 11–22–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–8001–3] 

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 June 30, 2005 at 70 FR 

37726 and provided for public 

comment. The public comment period 

ended on August 1, 2005. We 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, and is authorizing the 

State’s changes through this proposed 

final action. 

DATES: This final authorization will be 

effective on November 23, 2005. 

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, 46204–2210, 

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 

JacksonBoulevard, Chicago, Illinois 

60604, (312) 886–7450. 

SUPPLEMENTARY INFORMATION: On June 

30, 2005, U.S. EPA published a 

proposed rule 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 

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: 

1. Do inspections, and require 

monitoring, tests, analyses or reports. 

2. Enforce RCRA requirements and 

suspend or revoke permits. 

3. 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 June 30, 2005 (70 FR 37726), 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); December 6, 2001, 

effective December 6, 2001 (66 FR 

63331); and October 29, 2004, effective 

October 29, 2004 (69 FR 63100). 

F. What Changes Are We Authorizing 

With Today’s Action? 

On August 30, 2004, Indiana 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. We