Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices 8377

SCAQMD $6,670,831, which

represented approximately 6% of the

SCAQMD’s budget.

Section 105(c)(1) of the CAA, 42

U.S.C. 7405(c)(1), provides that ‘‘[n]o

agency shall receive any grant under

this section during any fiscal year when

its expenditures of non-Federal funds

for recurrent expenditures for air

pollution control programs will be less

than its expenditures were for such

programs during the preceding fiscal

year. In order for [EPA] to award grants

under this section in a timely manner

each fiscal year, [EPA] shall compare an

agency’s prospective expenditure level

to that of its second preceding year.’’

EPA may still award financial assistance

to an agency not meeting this

requirement, however, if EPA, ‘‘after

notice and opportunity for public

hearing, determines that a reduction in

expenditures is attributable to a nonselective reduction in the expenditures

in the programs of all Executive branch

agencies of the applicable unit of

Government.’’ CAA section 105(c)(2).

These statutory requirements are

repeated in EPA’s implementing

regulations at 40 CFR 35.210(a).

In its FY–94 section 105 application,

which EPA reviewed in early 1994, the

SCAQMD projected expenditures of

non-Federal funds for recurrent

expenditures (or its maintenance of

effort (MOE)) of $92,365,069. This MOE

would have been sufficient to meet the

MOE requirements of the CAA. In

January of 1995, however, the SCAQMD

submitted to EPA documentation which

shows that its actual FY–94 MOE was

$80,505,495. This amount represents a

shortfall of $11,228,569 from the MOE

of $91,734,064 for the preceding fiscal

year (FY–93). In order for the SCAQMD

to be eligible to keep its FY–94 grant,

EPA must make a determination under

section 105(c)(2).

The SCAQMD is a single-purpose

agency whose primary source of funding

is emission fee revenue. It is the ‘‘unit

of Government’’ for section 105(c)(2)

purposes. The SCAQMD submitted

documentation to EPA which shows

that over the last three years emission

reductions brought on by a combination

of economic recession and more

restrictive emission rules have reduced

fee revenues from stationary sources

from a high of $74,433,331 in 1990–

1991 to $64,923,181 in 1993–1994. As a

result of this revenue loss, the SCAQMD

has instituted hiring/salary freezes,

furloughs, and layoffs, has reduced its

equipment purchases and contract

expenditures, and has instituted new

programs to reduce costs such as permit

streamlining, computer-assisted permit

processing, and privatization efforts.

The SCAQMD’s MOE reductions

resulted from a loss of fee revenues due

to circumstances beyond its control. The

SCAQMD did not, on its own authority,

reduce its operating budget. EPA

proposes to determine that the

SCAQMD’s lower FY–94 MOE level

meets the section 105(c)(2) criteria as

resulting from a non-selective reduction

of expenditures. Pursuant to 40 CFR

35.210, this determination will allow

the SCAQMD to keep the funds received

from EPA for FY–94.

This notice constitutes a request for

public comment and an opportunity for

public hearing as required by the Clean

Air Act. All written comments received

by March 16, 1995 on this proposal will

be considered. EPA will conduct a

public hearing on this proposal only if

a written request for such is received by

EPA at the address above by March 16,

1995. If no written request for a hearing

is received, EPA will proceed to a final

determination.

Dated: February 6, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–3610 Filed 2–13–95; 8:45 am]

BILLING CODE 6560–0–P

[FRL–5153–8]

Public Water System Supervision

Program Revision for the State of

Indiana

AGENCY: Environmental Protection

Agency.

ACTION: Notice.

SUMMARY: Notice is hereby given in

accordance with the provisions of

section 1413 of the Safe Drinking Water

Act, as amended, 42 U.S.C. 300f et seq.,

and 40 CFR part 142, subpart B, the

National Primary Drinking Water

Regulations (NPDWR), that the State of

Indiana is revising its approved Public

Water System Supervision (PWSS)

primacy program. The Indiana

Department of Environmental

Management (IDEM) adopted drinking

water regulations for Lead and Copper,

44 synthetic organic chemicals (SOCs),

12 inorganic chemicals (IOCs), and 8

volatile organic chemicals (VOCs) that

correspond to the NPDWR for Lead and

Copper, SOCs, IOCs, and VOCs,

promulgated by the U.S. Environmental

Protection Agency (U.S. EPA) on June 7,

1991 (56 FR 26460–26564), on January

30, 1991 (56 FR 3526–3597), as

amended on July 1, 1991 (56 FR 30266–

30281), and on July 17, 1992 (57 FR

31776–31849). The U.S. EPA has

completed its review of Indiana’s PWSS

primacy program revision and has

determined that these sets of state

program revisions are not less stringent

than the corresponding Federal

regulations.

The U.S. EPA has determined that the

Indiana rule revisions meet the

requirements of the Federal rule.

Therefore, the U.S. EPA is proposing to

approve the IDEM’s rule revisions. All

interested parties are invited to submit

written comments on these proposed

determinations, and may request a

public hearing on or before March 16,

1995. If a public hearing is requested

and granted, the corresponding

determination shall not become

effective until such time following the

hearing, at which the Regional

Administrator issues an order affirming

or rescinding this action. Frivolous or

insubstantial requests for a hearing may

be denied by the Regional

Administrator.

Requests for public hearing should be

addressed to: Miguel A. Del Toral, (WD–

17J), U.S. Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Any request for a public hearing shall

include the following: (1) The name,

address, and telephone number of the

individual, organization, or other entity

requesting a hearing. (2) A brief

statement of the requesting person’s

interest in the Regional Administrator’s

determinations and of information that

the requesting person intends to submit

at such hearing. (3) The signature of the

individual making the request; or, if the

request is made on behalf of an

organization or other entity, the

signature of a responsible official of the

organization or other entity.

Notice of any hearing shall be given

not less than fifteen (15) days prior to

the time scheduled for the hearing. Such

notice will be made by the Regional

Administrator in the Federal Register

and in newspapers of general

circulation in the State of Indiana. A

notice will be sent to the person(s)

requesting the hearing as well as to the

State of Indiana. The hearing notice will

include a statement of purpose,

information regarding the time and

location, and the address and telephone

number where interested persons may

obtain further information. The Regional

Administrator will issue an order

affirming or rescinding his

determination upon review of the

hearing record. Should the

determination be affirmed, it will

become effective as of the date of the

order.

Should no timely and appropriate

request for a hearing be received, and

should the Regional Administrator not

elect to hold a hearing on his own
8378 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices

motion, these determinations shall

become effective on March 16, 1995.

Please bring this notice to the attention

of any persons known by you to have an

interest in these determinations.

All documents related to these

determinations are available for

inspection between the hours of 8:30

a.m. and 4:30 p.m., Monday through

Friday, at the following offices:

Indiana Department of Environmental

Management, Drinking Water

Branch,100 North Senate Avenue,

Indianapolis, Indiana 46206

State Docket Officer: Mr. T.P. Chang,

(317) 232–8435

Safe Drinking Water Branch, Drinking

Water Section, U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604–3590

FOR FURTHER INFORMATION CONTACT:

Miguel A. Del Toral, Region 5, Drinking

Water Section at the Chicago address

given above, telephone 312/886–5253.

(Sec. 1413 of the Safe Drinking Water Act, as

amended (1986), and 40 CFR 142.10 of the

National Primary Drinking Water

Regulations)

Signed this 31st day of January, 1995.

David A. Ullrich,

Acting Regional Administrator, U.S. EPA,

Region 5.

[FR Doc. 95–3609 Filed 2–13–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5154–3]

Notice of Intent to Grant Chemical

Waste Management, Inc. a Modification

of an Exemption From the Land

Disposal Restrictions of the Hazardous

and Solid Waste Amendments of 1984

(HSWA) Regarding Injection of

Hazardous Waste

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to grant

Chemical Waste Management, Inc.

(CWM), of Oak Brook, Illinois, a

modification of an exemption for the

injection of certain hazardous wastes.

SUMMARY: The United States

Environmental Protection Agency (EPA

or Agency) is today proposing to grant

a modification to the exemption from

the ban on disposal of certain hazardous

wastes through injection wells to CWM

for its site at Vickery, Ohio. If granted,

this modification would allow CWM to

inject additional Resource Conservation

and Recovery Act (RCRA) regulated

wastes, identified by codes: F037, F038,

K086, K107, K108, K109, K110, K117,

K118, K123, K124, K125, K126, K141,

K142, K143, K144, K145, K147, K148,

K149, K150, and K151 through four

waste disposal wells (WDWs)

numbered: 2, 4, 5, and 6. Wastes codes

F037, F038, K086, K107, K108, K109,

K110, K123, K124, K125, and K126 were

inadvertently omitted from the list for

which CWM originally requested

exemptions. Waste codes K141, K142,

K143, K144, K145, K147, K148, K149,

K150 and K151 became newly listed

waste codes on September 19, 1994, and

were banned from waste injection

effective December 19, 1994. If granted,

this modification would allow CWM to

inject RCRA wastes with these codes

after that ban date. The Agency has

established June 30, 1995, as ban date

for waste codes K131, and K132, after

which, disposal by injection would be

prohibited. If granted, this modification

would allow CWM to continue to inject

RCRA wastes with these codes beyond

that ban date. On August 8, 1990, the

Agency issued CWM an exemption for

injection of certain hazardous wastes

after determining that there is a

reasonable degree of certainty that

CWM’s injected wastes will not migrate

out of the injection zone within the next

10,000 years.

DATES: The EPA is requesting public

comments on its proposed decision to

exempt the wastes listed above.

Comments will be accepted until March

31, 1995. Comments postmarked after

the close of the comment period will be

stamped ‘‘Late’’. A public information

meeting and a public hearing to allow

comment on this action may be

scheduled if significant comments are

received, and notice of these meetings

will be given in a local paper and to all

people on a mailing list developed by

the Agency. If you wish to request that

a public hearing be held, or to be

notified of the date and location of any

public hearing held, please contact the

lead petition reviewers listed below.

ADDRESSES: Submit written comments,

by mail, to: United Sates Environmental

Protection Agency, Region 5,

Underground Injection Control Section

(WD–17J), 77 West Jackson Street,

Chicago, Illinois 60604, Attention:

Richard J. Zdanowicz, Chief.

FOR FURTHER INFORMATION CONTACT:

Harlan Gerrish or Nathan Wiser, Lead

Petition Reviewers, UIC Section, Water

Division; Office Telephone Numbers:

(312) 886–2939 and (312) 353–9569,

respectively; 17th Floor Metcalfe

Building, 77 West Jackson Street,

Chicago, Illinois.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority

The Hazardous and Solid Waste

Amendments of 1984 (HSWA), enacted

on November 8, 1984, impose

substantial new responsibilities on

those who handle hazardous waste. The

amendments prohibit the land disposal

of untreated hazardous waste beyond

specified dates, unless the

Administrator determines that the

prohibition is not required in order to

protect human health and the

environment for as long as the waste

remains hazardous (RCRA Sections

3004(d)(1), (e)(1), (f)(2), (g)(5)). The

statute specifically defined land

disposal to include any placement of

hazardous waste in an injection well

(RCRA Section 3004(k)). After the

effective date of prohibition, hazardous

waste can be injected only under two

circumstances:

(1) When the waste has been treated

in accordance with the requirements of

Title 40 of the Code of Federal

Regulations (40 CFR) Part 268 pursuant

to Section 3004(m) of RCRA, (the EPA

has adopted the same treatment

standards for injected wastes in 40 CFR

Part 148, Subpart B); or

(2) When the owner/operator has

demonstrated that there will be no

migration of hazardous constituents

from the injection zone for as long as the

waste remains hazardous. Applicants

seeking an exemption from the ban must

demonstrate to a reasonable degree of

certainty that hazardous waste will not

leave the injection zone until:

(a) The waste undergoes a chemical

transformation within the injection zone

through attenuation, transformation, or

immobilization of hazardous constituents so

as to no longer pose a threat to human health

and the environment; or

(b) That fluid flow is such that injected

fluids will not migrate vertically upward out

of the injection zone to a point of discharge

for a period of 10,000 years.

The EPA promulgated final

regulations on July 26, 1988, (53 FR

28118) which govern the submission of

petitions for exemption from the

disposal prohibition (40 CFR Part 148).

Most companies seeking exemption

have opted to demonstrate waste

confinement (option (a) above, rather

than waste transformation (option (b)

above). A time frame of 10,000 years

was specified for the confinement

demonstration not because migration

after that time is of no concern, but

because a demonstration which can

meet a 10,000 year time frame will

likely provide containment for a

substantially longer time period, and