Hazardous waste program authorizations: Indiana,

[Federal Register: August 17, 2001 (Volume 66, Number 160)]

[Proposed Rules]

[Page 43143-43145]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17au01-38]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7035-3]

Indiana: Final Authorization of State Hazardous Waste Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Indiana has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is proposing to authorize the State's changes through this proposed final action.

DATES: Written comments must be received on or before September 17, 2001.

ADDRESSES: Send written comments to Gary Westefer, Indiana Regulatory Specialist, DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please refer to Docket Number IN ARA18. We must receive your comments by September 17, 2001. You can view and copy Indiana's application from 9:00 am to 4:00 pm at the following addresses: Indiana Department of Environmental Management, 100 North Senate, Indianapolis, Indiana (mailing address P.O. Box 6015, Indianapolis, Indiana 46206) contact 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 Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7450.

SUPPLEMENTARY INFORMATION:

1. 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.

2. 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.

3. What is the Effect of Today's Authorization Decision?

   The effect of this decision is that a facility in Indiana subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. Indiana has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to:

   Do inspections, and require monitoring, tests, analyses or reports;

   Enforce RCRA requirements and suspend or revoke permits; and

   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.

4. What Happens if EPA Receives Comments that Oppose this Action?

   If EPA receives comments that oppose this authorization, we will address all public comments in a later Federal Register. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time.

5. 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), and January 4, 2001 effective January 4, 2001 (66 FR 733).

6. What Changes are We Authorizing with Today's Action?

   On March 16, 2001, Indiana submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. We now make a final decision, subject to receipt of written comments that oppose this action, that Indiana's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization. Therefore, we propose to grant Indiana Final authorization for the following program changes:

   [[Page 43144]]

   Federal Register

   Description of Federal

   date and page requirement (include

   (and/or RCRA Analogous State checklist #, if relevant)

   statutory

   authority authority)

   Hazardous and Used Oil Fuel November 8, 1984, IC 13-30-6, Effective Criminal Penalties Checklist SWDA 3006(h), 1996, previously CP.

   3008(d), 3014. codified at IC 13-17- 13-4, Effective 1985, IC 13-17-13-3, Effective 1986. Hazardous Waste, Management June 13, 1997, 62 329 IAC 3.1-1-7; 3.1- System; Testing and

   FR 32452.

   9-1; 3.1-10-1; 3.1- Monitoring Activities

   11-1, Effective Checklist 158.

   April 5, 2000. Hazardous Waste Management June 17, 1997, 62 329 IAC 3.1-6-1; 3.1- System; Carbamate Production, FR 32974.

   6-2(17); 3.1-6- Identification and Listing of

   2(18); 3.1-6-2(19); Hazardous Waste; Land

   3.1-6-2(20); 3.1-12- Disposal Restrictions

   1; 3.1-12-2(10); 3.1- Checklist 159.

   12-2(12), Effective April 5, 2000. Land Disposal Restrictions July 14, 1997 62 329 IAC 3.1-12-1; 3.1- Phase III--Emergency

   FR 37694.

   12-2(10), Effective Extension of the K088

   April 5, 2000. National Capacity Variance Checklist 160. Organic Air Emission,

   December 8, 1997, 329 IAC 3.1-9-1; 3.1- Standards for Tanks, Surface 62 FR 64636. 10-1; 3.1-13-1; 3.1- Impoundments, and Containers;

   13-2(8),(9), Clarification and Technical

   Effective April 5, Amendment Checklist 163.

   2000. Kraft Mill Steam Stripper April 15, 1998, 329 IAC 3.1-6-1, Condensate Exclusion

   63 FR 18504. Effective April 5, Checklist 164.

   2000. Recycled Used Oil, Management May 6, 1998, 63 329 IAC 3.1-6-1; 3.1- Standards; Technical

   FR 24963; July 6-2(4); 13-1-1; 13-1- Correction and Clarification 14, 1998, 63 FR 2; 13-3-1; 13-3- Checklist 166 as amended

   37780.

   1(b)(2); 13-4-3; 13- Checklist 166.1.

   6-6; 13-7-5; 13-8-5; 13-9-5, Effective April 5, 2000. Land Disposal Restrictions May 26, 1998, 63 329 IAC 3.1-12-1; 3.1- Phase IV--Treatment Standards FR 28556.

   12-2(6); 3.1-12- for Metal Wastes and Mineral

   2(10); 3.1-12-2(12); Processing Wastes Checklist

   3.1-12-2(13), 167A.

   Effective April 5, 2000. Land Disposal Restrictions May 26, 1998, 63 329 IAC 3.1-12-1; 3.1- Phase IV--Hazardous Soils FR 28556.

   12-2(1)(D); 3.1-12- Treatment Standards and

   2(2)(D); 3.1-12- Exclusions Checklist 167B.

   2(3); 3.1-12-2(6), Effective April 5, 2000. Land Disposal Restrictions May 26, 1998, 63 329 IAC 3.1-12-1; 3.1- Phase IV--Corrections

   FR 28556, June 12-2(1)(C); 3.1-12- Checklist 167C as amended 8, 1998, 63 FR 2(2)(C); 3.1-12- Checklist 167C.1.

   31266.

   2(3): 3.1-12-2(12), 3.1-12-2(13), Effective April 5, 2000. Bevill Exclusion Revisions and May 26, 1998, 63 329 IAC 3.1-6-1, Clarification Checklist 167E. FR 28556.

   Effective April 5, 2000. Exclusion of Recycled Wood May 26, 1998, 63 329 IAC 3.1-6-1, Preserving Wastewaters

   FR 28556.

   Effective April 5, Checklist 167F.

   2000. Hazardous Waste Combusters June 19, 1998, 63 329 IAC 3.1-6-1; 3.1- Revised Standards Checklist FR 33782.

   13-1, Effective 168.

   April 5, 2000. Petroleum Refining Process August 6, 1998, 329 IAC 3.1-6-1; 3.1- Checklist 169 as amended

   63 FR 42110, 6-2(4); 3.1-6-2(17); Checklist 169.1.

   October 9, 1998, 3.1-6-2(19); 3.1-11- 63 FR 54356. 1; 3.1-12-1; 3.1-12- 2(12), Effective April 5, 2000. Land Disposal Restrictions, August 31, 1998, 329 IAC 3.1-12-1; 3.1- Phase IV Checklist 170.

   63 FR 46332. 12-2(12), Effective April 5, 2000. Emergency Revisions of LDR September 4, 329 IAC 3.1-12-1; 3.1- Treatment Standards

   1998, 63 FR

   12-2(12); 3.1-12- (Carbanate Production)

   47409.

   2(13), Effective Checklist 171.

   April 5, 2000. Emergency Revisions of LDR September 9, 329 IAC 3.1-12-1; 3.1- Treatment Standards

   1998, 63 FR

   12-2(10), Effective (Characteristic Slags)

   48124.

   April 5, 2000. Checklist 172. Land Disposal Restrictions September 24, 329 IAC 3.1-12-1; 3.1- Treatment Standards (Spent 1998, 63 FR

   12-2(10); 3.1-12- Potliners) Checklist 173. 51254.

   2(12), Effective April 5, 2000. Standards Applicable to Owners October 22, 1998, 329 IAC 3.1-9-1; 3.1- and Operators of Closed/

   63 FR 56710. 9-2(9); 3.1-10-1; Closing Facilities Checklist

   3.1-10-2(11); 3.1-10- 174.

   2(12); 3.1-10-2(13); 3.1-10-2(14); 3.1-13- 1; 3.1-13- 2(1),(2),(3),(4); 3.1-13-2(8),(9); 3.1- 13-3; 3.1-13-4; 3.1- 13-5; 3.1-13-6; 3.1- 13-7; 3.1-13-8; 3.1- 13-9; 3.1-13-10; 3.1- 13-11; 3.1-13-12; 3.1-13-13;3.1-13-14; 3.1-13-15; 3.1-13- 16; 3.1-13-17; 3.1- 14; 3.1-15, Effective April 5, 2000. Hazardous Remediation Waste November 30, 329 IAC 3.1-4-1; 3.1- Management Requirements (HWIR 1998, 63 FR

   4-1(b); 3.1-6-1; 3.1- Media) Checklist 175.

   65874.

   9-1; 3.1-9-2(1),(2); 3.1-10-1; 3.1-10- 2(1),(2),(3),(4); 3.1-12-1; 3.1-12- 2(6); 3.1-13-1; 3.1- 13-2(15), Effective April 5, 2000. Universal Waste Rule;

   December 24, 329 IAC 3.1-11-1; 3.1- Technical Amendment Checklist 1998, 63 FR

   11-2(3); 3.1-16-1; 176.

   71225.

   3.1-16-2(3), Effective April 5, 2000. Organic Air Emission Standards January 21, 1999, 329 IAC 3.1-7-1; 3.1- Checklist 177.

   64 FR 3381.

   9-1, Effective April 5, 2000. Petroleum Refining Process February 11, 329 IAC 3.1-6-1, Wastes Checklist 178.

   1999, 64 FR 6806. Effective April 5, 2000.

7. Where Are the Revised State Rules Different From the Federal Rules?

   Indiana has excluded the non-delegable Federal requirements at 40 CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3 in their Incorporation by Reference at 3.1-12-2 and 3.1-13-2(4). EPA will continue to implement those requirements.

8. Who Handles Permits After the 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 we issued prior to the effective date of this authorization until they expire or are terminated. We will not issue any more

   [[Page 43145]]

   new permits or new portions of permits for the provisions listed in the Table above after the effective date of this authorization. EPA will continue to implement and issue permits for HSWA requirements for which Indiana is not yet authorized.

   1. What Is Codification and Is EPA Codifying Indiana's Hazardous Waste Program as Authorized in This Rule?

   Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart P for this authorization of Indiana's program changes until a later date.

10. Administrative Requirements

    The Office of Management and Budget has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This action authorizes State requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this action 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.). Because this action authorizes pre-existing 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 (Public Law 104-4). For the same reason, this action also does not significantly or uniquely affect the communities of Tribal governments, as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This action will not 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks.

    Under RCRA 3006(b), EPA grants a State's application for authorization as long as the State meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a State authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies 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. 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. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 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.

    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.).

    List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian 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: August 2, 2001. David A. Ullrich, Acting Regional Administrator, Region 5.

    [FR Doc. 01-20790Filed8-16-01; 8:45 am]

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