Indiana: Final Authorization of State Hazardous Waste Management Program Revision, 37726-37728 [05-12940]
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37726
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules
communication from the claimant
expressing dissatisfaction or
disagreement with the adverse decision,
but the AOJ cannot clearly identify that
communication as expressing an intent
to appeal, or the AOJ cannot identify
which denied claim(s) the claimant
wants to appeal, then the AOJ will
contact the claimant to request
clarification of the claimant’s intent. In
this request for clarification, the AOJ
will explain that if the claimant does
not respond to the request within the
time period described in paragraph (c)
of this section, the earlier, unclear
communication will not be considered
an NOD as to any adverse decision for
which clarification was requested.
(c) Response required from
claimant—(1) Time to respond. The
claimant must respond to the AOJ’s
request for clarification within the later
of the following dates:
(i) 60 days after the date of mailing of
the AOJ’s request for clarification; or
(ii) One year after the date of mailing
of notice of the adverse decision being
appealed (60 days for simultaneously
contested claims).
(2) Failure to respond. If the claimant
fails to provide a timely response, the
previous communication from the
claimant will not be considered an NOD
as to any claim for which clarification
was requested. The AOJ will not
consider the claimant to have appealed
the decision(s) on any claim(s) as to
which clarification was requested and
not received.
(d) Action following clarification.
When clarification of the claimant’s
intent to file an NOD is obtained, the
AOJ will reexamine the claim and
determine whether additional review or
development is warranted. If no further
review or development is required, or
after necessary review or development
is completed, the AOJ will prepare a
Statement of the Case pursuant to
§ 19.29 unless the disagreement is
resolved by a grant of the benefit(s)
sought on appeal or the NOD is
withdrawn by the claimant.
(e) Definition. For the purpose of the
requirements in paragraphs (a) through
(d) of this section, references to the
‘‘claimant’’ include reference to the
claimant and his or her representative,
if any, as well as to his or her fiduciary,
if any.
(Authority: 38 U.S.C. 501, 7105, 7105A)
3. Section 19.27 is revised to read as
follows:
within the agency of original
jurisdiction a question as to whether a
written communication expresses an
intent to appeal or as to which denied
claims a claimant wants to appeal, the
procedures for an administrative appeal,
as set forth in 38 CFR 19.50–19.53, must
be followed.
(Authority: 38 U.S.C. 501, 7105, 7106)
[FR Doc. 05–12864 Filed 6–29–05; 8:45 am]
BILLING CODE 8320–01–U
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7930–6]
Indiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 August 1, 2005.
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
ARA20. We must receive your
comments by August 1, 2005. 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, (mailing
address P.O. Box 6015, Indianapolis,
Indiana 46206) 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
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7450.
SUPPLEMENTARY INFORMATION:
§ 19.27 Adequacy of Notice of
Disagreement questioned within the agency
of original jurisdiction.
A. Why Are Revisions to State
Programs Necessary?
If, after following the procedures set
forth in 38 CFR 19.26, there remains
States which have received final
authorization from EPA under RCRA
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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:
• Do inspections, and require
monitoring, tests, analyses or reports.
• Enforce RCRA requirements and
suspend or revoke permits.
• Take enforcement actions regardless
of whether the State has taken its own
actions.
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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules
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. 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.
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
37727
December 6, 2001 (66 FR 63331); and
October 29, 2004 (69 FR 63100) effective
October 29, 2004.
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
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:
Description of Federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Correction to the Hazardous Waste Identification Rule (HWIR): Revisions to the Mixture
and Derived-From Rules.
Checklist 194
Inorganic Chemical Manufacturing Wastes;
Identification and Listing.
Checklist 195 as amended
Checklist 195.1
CAMU Amendments ..........................................
Checklist 196
October 3, 2001, 66 FR 50332 ........................
329 IAC 3.1–6–1.
Effective February 13, 2004.
November 20, 2001, 66 FR 58258, April 9,
2002, 67 FR 17119.
329 IAC 3.1–6–1; 3.1–6–2(19); 3.1–7–1; 3.1–
12–1.
Effective February 13, 2004.
January 22, 2002, 67 FR 2962 ........................
Hazardous Air Pollutant Standards for Combustors: Interim Standards.
Checklist 197
Hazardous Air Pollutant Standards for Combustors; Corrections.
Checklist 198
Vacatur of Mineral Processing Spent Materials
Being Reclaimed as Solid Wastes and TCLP
Use with MGP Waste.
Checklist 199
February 13, 2002, 67 FR 6792 ......................
329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–9–1; 3.1–
9–2(16).
Effective February 13, 2004.
329 IAC 3.1–9–1; 3.1–11–1; 3.1–13–1.
Effective February 13, 2004.
G. Where Are the Revised State Rules
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 in their Incorporation by
Reference at 3.1–12–2 and 3.1–13–2(4).
EPA will continue to implement those
requirements. This action involves no
more stringent or broader in scope State
requirements.
H. 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
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Analogous state authority
February 14, 2002, 67 FR 6968 ......................
329 IAC 3.1–11–1; 3.1–13–1.
Effective February 13, 2004.
March 13, 2002, 67 FR 11251.
329 IAC 3.1–6–1; 3.1–6–2(2).
Effective February 13, 2004.
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
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Indiana is not
yet authorized.
3. Any other land, whether on or off
an Indian reservation that qualifies as
Indian Country. Therefore, EPA retains
the authority to implement and
administer the RCRA program in Indian
Country. However, at this time, there is
no Indian Country within the State of
Indiana.
I. How Does Today’s Action Affect
Indian Country (18 U.S.C. 1151) in
Indiana?
J. What Is Codification and Is EPA
Codifying Indiana’s Hazardous Waste
Program as Authorized in This Rule?
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 the State of Indiana;
2. Any land held in trust by the U.S.
for an Indian tribe; and
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. Indiana’s rules, up to
and including those revised January 4,
2001, have previously been codified
through the incorporation-by-reference
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37728
Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Proposed Rules
effective December 24, 2001 (66 FR
53728, 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 proposed rule only authorizes
hazardous waste requirements pursuant
to RCRA 3006 and imposes
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 Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Order 12866 (58 FR
51735, October 4, 1993).
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.).
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.)
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 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).
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
This rule is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant and it is not based on
environmental health or safety risks.
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
After considering the economic
impacts of today’s rule on small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), I certify that this rule
will not have a significant economic
impact on a substantial number of small
entities.
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 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.
4. Unfunded Mandates Reform Act
10. Executive Order 12988
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).
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.
3. Regulatory Flexibility Act
5. Executive Order 13132: Federalism
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
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).
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.
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
12. Congressional Review Act
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
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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,
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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: June 16, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
[FR Doc. 05–12940 Filed 6–29–05; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 05–6; FCC 05–10]
Revision of the Public Notice
Requirements of Section 73.3580
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This Notice of Proposed
Rulemaking (‘‘NPRM’’) requests
comment on whether we should modify
the notice that radio and television
station buyers and sellers are required to
provide to the public in connection with
proposed assignments and transfers of
control. This NPRM also seeks comment
on whether to eliminate the newspaper
publication exemption for noncommercial educational (‘‘NCE’’)
stations and stations that are the only
operating station in their broadcast
service in their community of license.
DATES: Comments are due August 1,
2005 and reply comments are due
August 15, 2005. Written comments on
the Paperwork Reduction Act proposed
Information collection requirements
must be submitted by the public, Office
of Management and Budget (OMB), and
other interested parties on or before
August 29, 2005.
ADDRESSES: You may submit comments,
identified by MB Docket No. 05–6, by
any of the following methods:
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]]>Agencies
[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Proposed Rules]
[Pages 37726-37728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12940]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7930-6]
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 August 1, 2005.
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 ARA20. We must receive your comments
by August 1, 2005. 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,
(mailing address P.O. Box 6015, Indianapolis, Indiana 46206) 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 Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450.
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 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:
Do inspections, and require monitoring, tests, analyses or
reports.
Enforce RCRA requirements and suspend or revoke permits.
Take enforcement actions regardless of whether the State
has taken its own actions.
[[Page 37727]]
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. 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.
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 (69 FR 63100)
effective October 29, 2004.
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 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:
------------------------------------------------------------------------
Federal Register
Description of Federal date and page (and/ Analogous state
requirement (include checklist or RCRA statutory authority
, if relevant) authority)
------------------------------------------------------------------------
Correction to the Hazardous October 3, 2001, 66 329 IAC 3.1-6-1.
Waste Identification Rule FR 50332. Effective February
(HWIR): Revisions to the 13, 2004.
Mixture and Derived-From Rules.
Checklist 194..................
Inorganic Chemical November 20, 2001, 329 IAC 3.1-6-1;
Manufacturing Wastes; 66 FR 58258, April 3.1-6-2(19); 3.1-
Identification and Listing. 9, 2002, 67 FR 7-1; 3.1-12-1.
Checklist 195 as amended....... 17119. Effective February
Checklist 195.1................ 13, 2004.
CAMU Amendments................ January 22, 2002, 329 IAC 3.1-4-1;
Checklist 196.................. 67 FR 2962. 3.1-4-1(b); 3.1-9-
1; 3.1-9-2(16).
Effective February
13, 2004.
Hazardous Air Pollutant February 13, 2002, 329 IAC 3.1-9-1;
Standards for Combustors: 67 FR 6792. 3.1-11-1; 3.1-13-
Interim Standards. 1.
Checklist 197.................. Effective February
13, 2004.
Hazardous Air Pollutant February 14, 2002, 329 IAC 3.1-11-1;
Standards for Combustors; 67 FR 6968. 3.1-13-1.
Corrections. Effective February
Checklist 198.................. 13, 2004.
Vacatur of Mineral Processing March 13, 2002, 67 329 IAC 3.1-6-1;
Spent Materials Being FR 11251. 3.1-6-2(2).
Reclaimed as Solid Wastes and Effective February
TCLP Use with MGP Waste. 13, 2004.
Checklist 199..................
------------------------------------------------------------------------
G. 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. This action involves no more stringent or
broader in scope State requirements.
H. 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 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.
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 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, EPA retains the authority to
implement and administer the RCRA program in Indian Country. However,
at this time, there is no Indian Country within the State of Indiana.
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 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 rules, up to
and including those revised January 4, 2001, have previously been
codified through the incorporation-by-reference
[[Page 37728]]
effective December 24, 2001 (66 FR 53728, 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 proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes 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 Review
The Office of Management and Budget has exempted this rule from its
review under Executive Order 12866 (58 FR 51735, October 4, 1993).
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
After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates Reform Act
Because this rule approves 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 (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 and it is
not based on environmental health or safety risks.
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
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 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.
12. 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 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).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, 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: June 16, 2005.
Margaret Guerriero,
Acting Regional Administrator, Region 5.
[FR Doc. 05-12940 Filed 6-29-05; 8:45 am]
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