Indiana: Final Authorization of State Hazardous Waste Management Program Revision, 61326-61330 [2012-24779]
Download as PDF
<![CDATA[
61326
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules
generation of RINs for home heating oil
or the reduced regulatory burden for
transmix processors. This proposed rule
would facilitate the use of 500-ppm
sulfur locomotive and marine (LM)
diesel fuel, which contains the SY 124
marker that is already in the fuel
distribution and use system consistent
with EPA’s original intent. Today’s
action will avoid the potential need to
remove marked 500-ppm LM diesel fuel
from the system for reprocessing, and
the associated increased costs and
potential disruption to the supply of LM
diesel fuel.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (February 16, 1994)) establishes
Federal executive policy on
environmental justice. Its main
provision directs Federal agencies, to
the greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. These amendments
VerDate Mar<15>2010
15:01 Oct 05, 2012
Jkt 229001
would not relax the control measures on
sources regulated by the RFS regulations
and therefore would not cause
emissions increases from these sources.
We have determined that proposed
amendments to the diesel transmix
provisions and marker provisions for
locomotive and marine diesel fuel under
the diesel sulfur program would have a
neutral or positive impact on diesel
vehicle emissions.34
IX. Statutory Provisions and Legal
Authority
Statutory authority for the rule
finalized today can be found in section
211 of the Clean Air Act, 42 U.S.C.
7545. Additional support for the
procedural and compliance related
aspects of today’s rule, including the
recordkeeping requirements, come from
Sections 114, 208, and 301(a) of the
Clean Air Act, 42 U.S.C. 7414, 7542, and
7601(a).
List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedure,
Agriculture, Air pollution control,
Confidential business information,
Diesel fuel, Transmix, Energy, Forest
and forest products, Fuel additives,
Gasoline, Imports, Labeling, Motor
vehicle pollution, Penalties, Petroleum,
Reporting and recordkeeping
requirements.
Dated: September 17, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012–23714 Filed 10–5–12; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2012–0377; FRL–9739–6]
Indiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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 reviewed
Indiana’s application with regards to
federal requirements, and is proposing
to authorize the state’s changes.
SUMMARY:
34 See section VI and VII of today’s notice for
details of this analysis.
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
Comments must be received on
or before November 8, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2012–0377 by one of the
following methods:
https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
Email: westefer.gary@epa.gov.
Mail: Gary Westefer, Indiana
Regulatory Specialist, LR–8J, U.S. EPA,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Instructions: Direct your comments to
Docket ID Number EPA–R05–RCRA–
2012–0377. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters or any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epagov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some of the information is not publicly
available; e.g., CBI or other information
for which disclosure is restricted by
statute. Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
DATES:
E:\FR\FM\09OCP1.SGM
09OCP1
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules
www.regulations.gov or in hard copy.
You may view and copy Indiana’s
application from 9:00 a.m. to 4:00 p.m.
at the following addresses: U.S. EPA
Region 5, LR–8J, 77 West Jackson
Boulevard, Chicago, Illinois, contact:
Gary Westefer (312) 886–7450; or
Indiana Department of Environmental
Management, 100 North Senate,
Indianapolis, Indiana, contact: Steve
Mojonnier (317) 233–1655.
FOR FURTHER INFORMATION CONTACT: Gary
Westefer, Indiana Regulatory Specialist,
U.S. EPA Region 5, LR–8J, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7450, email
westefer.gary@epa.gov.
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 request 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 have made a tentative decision
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 will have
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 this
authorization decision?
The effect of this tentative decision,
once finalized, is that a facility in
Indiana subject to RCRA would 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 RCRA
violations, 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;
1. enforce RCRA requirements and
suspend or revoke permits; and
3. take enforcement actions regardless
of whether the state has taken its own
actions.
This action will not impose additional
requirements on the regulated
community because the regulations for
which Indiana will be authorized are
already effective, and will not be
changed by EPA’s final action.
D. What happens if EPA receives
adverse comments on this action?
If EPA receives adverse comments on
this authorization, we will address all
public comments in a later Federal
Register. You may not have another
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Description of federal requirement (include checklist #, if
relevant)
February 21, 1991; 56 FR
7134.
Burning of Hazardous Wastes in Boilers and Industrial
Furnaces; Corrections and Technical Amendments I
Checklist 94.
Burning of Hazardous Wastes in Boilers and Industrial
Furnaces; Technical Amendments II Checklist 96.
Coke Ovens Administrative Stay Checklist 98 .................
July 17, 1991; 56 FR 32688
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);
October 29, 2004 (69 FR 63100) effective
October 29, 2004; and November 23,
2005 (70 FR 70740) effective November
23, 2005.
F. What changes are we proposing with
today’s action?
On March 5, 2007, May 1, 2009, and
October 25, 2011, Indiana submitted
final program revision applications,
seeking authorization of their changes in
accordance with 40 CFR 271.21. We
have determined that Indiana’s
hazardous waste program revisions
satisfy all of the requirements necessary
to qualify for Final Authorization. We
are now proposing to authorize, subject
to receipt of written comments that
oppose this action, Indiana’s hazardous
waste program revision. We propose to
grant Indiana Final Authorization for
the following program changes:
Federal Register date and
page (and/or RCRA
statutory authority)
Burning of Hazardous Wastes in Boilers and Industrial
Furnaces Checklist 85.
VerDate Mar<15>2010
16:33 Oct 05, 2012
Jkt 229001
PO 00000
August 27, 1991; 56 FR
42504.
September 5, 1991; 56 FR
43874.
Frm 00025
Fmt 4702
Sfmt 4702
61327
Analogous state authority
329 IAC 3.1–1–7; 3.1–4–1; 3.1–6–1; 3.1–6–2(2); 3.1–
9–1; 3.1–10–1; 3.1–10–2(13); 3.1–11–1; 3.1–11–2(2);
3.1–13–1; 3.1–13–2(15)
Effective November 22, 1992.
329 IAC 3.1–6–1; 3.1–10–1; 3.1–11–1; 3.1–11–2(2);
3.1–13–1; 3.1–13–2(15) Effective November 22,
1992.
329 IAC 3.1–6–1; 3.1–6–2(2); 3.1–10–1; 3.1–10–2(13);
3.1–11–1; 3.1–11–2(2) Effective November 22, 1992.
329 IAC 3.1–11–1 Effective November 22, 1992.
E:\FR\FM\09OCP1.SGM
09OCP1
61328
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules
Federal Register date and
page (and/or RCRA statutory authority)
Burning of Hazardous Wastes in Boilers and Industrial
Furnaces; Technical Amendments III Checklist 111.
August 25, 1992; 57 FR
38558.
Burning of Hazardous Wastes in Boilers and Industrial
Furnaces; Technical Amendment IV Checklist 114.
Boilers and Industrial Furnaces; Changes for Consistency with New Air Regulations.
Checklist 125 ....................................................................
Boilers and Industrial Furnaces; Administrative Stay and
Interim Standards for Bevill Residues Checklist 127.
Hazardous Air Pollutant Standards; Technical Corrections Checklist 188.2.
ZincFertilizers Made From Recycled Hazardous Secondary Materials Checklist 200.
Land Disposal Restrictions: National Treatment Variance
to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium, Mercury, and Silver
Containing Batteries Checklist 201.
NESHAP: Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors-Corrections Checklist
202.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Recycled Used Oil
Management Standards Checklist 203.
National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty
Trucks Checklist 205.
Hazardous Waste—Nonwastewaters From Production of
Dyes, Pigments, and Food, Drug and Cosmetic
Colorants; Mass Loadings-Based Listing Checklist 206
as amended Checklist 206.1.
Hazardous Waste Management System; Modification of
the Hazardous Waste Manifest System Checklist 207
as Amended Checklist 207.1.
September 30, 1992; 57 FR
44999.
July 20, 1993; 58 FR 38816
Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule and SW–846 Final
Update IIIB Checklist 208 as amended Checklist
208.1.
June 14, 2005; 70 FR
34537; August 1, 2005;
70 FR 44151.
Hazardous Waste Management System; Modification of
the Hazardous Waste Program; Mercury Containing
Equipment Checklist 209.
August 5, 2005; 70 FR
45507.
Standardized Permit for RCRA Hazardous Waste Management Facilities Checklist 210.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Description of federal requirement (include checklist #, if
relevant)
September 8, 2005; 70 FR
53420.
Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures.
Checklist 211 ....................................................................
NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and
Phase II) Checklist 212.
Burden Reduction Initiative Checklist 213 ........................
October 4, 2005; 70 FR
57769.
VerDate Mar<15>2010
15:01 Oct 05, 2012
Jkt 229001
PO 00000
November 9, 1993; 58 FR
59598.
July 3, 2001; 66 FR 42292
July 24, 2002; 67 FR 48393
October 7, 2002; 67 FR
62617.
Analogous state authority
329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–5–2; 3.1–6–1; 3.1–
6–2(2); 3.1–9–1; 3.1–9–2(1); 3.1–10–1; 3.1–10–2(1–
3); 3.1–11–1 Effective August 17, 1996.
329 IAC 3.1–11–1 Effective August 17,1996.
329 IAC 3.1–1–7; 3.1–11–1 Effective August 17, 1996.
329 IAC 3.1–11–1 Effective August 17, 1996.
329 IAC 3.1–6–1; 3.1–9–1; 3.1–13–1 Effective February 13, 2004.
329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–11–1; 3.1–12–1 Effective May 13, 2005.
329 IAC 3.1–12–1 Effective May 13, 2005.
December 19, 2002; 67 FR
77687.
329 IAC 3.1–13–1 Effective May 13, 2005.
July 30, 2003; 68 FR 44659
329 IAC 3.1–6–2(16); 13–1–1; 13–1–2; 13–3–1; 13–3–
(b)(2) Effective May 13, 2005.
April 26, 2004; 69 FR
22601.
329 IAC 3.1–9–1; 3.1–10–1 Effective September 5,
2006.
February 24, 2005; 70 FR
9138; June 16, 2005; 70
FR 35032.
329 IAC 3.1–6–1; 3.1–6–2(17); 3.1–6–2(19),(20); 3.1–
12–1 Effective September 5, 2006.
March 4, 2005; 70 FR
10776; June 16, 2005; 70
FR 35034.
329 IAC 3.1–4–1; 3,1–4–1(b); 3.1–6–1; 3.1–7–1; 3.1–
7–2(2); 3.1–7–2(7); 3.1–8–1; 3.1–8–2(1),(2); 3.1–9–1;
3.1–9–2(6); 3.1–9–2(8); 3.1–10–1; 3.1–10–2(8); 3.1–
10–2(11) Effective September 5, 2006.
329 IAC 3.1–1–7; 3.1–5–2; 3.1–5–3; 3.1–6–1; 3.1–6–
2(7); 3.1–9–1; 3.1–9–2(10); 3.1–10–1; 3.1–10–2(21);
3.1–11–1;
3.1–11–2(2);
3.1–12–2;
3.1–12–
2(1)(D),(2)(D), (3); 3.1–13–1; 13–1–1; 13–1–2; 13–3–
1; 13–3–1(b)(2); 13–6–5; 13–7–4; 13–8–4 Effective
September 5, 2006.
329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1–9–1; 3.1–
9–2(1); 3.1–10–1; 3.1–10–2 (1),(2),(3); 3.1–12–1;
3.1–12–2(4); 3.1–13–1; 3.1–16–1; 3.1–16–2(a)(3);
3.1–16–2(a)(7) Effective September 5, 2006.
329 IAC 3.1–1–7; 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1–
11.5–1; 3.1–11.5–2(1–7); 3.1–13–1; 3.1–13–2(1–3);
3.1–13–2(5); 3.1–13–2(13); 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; 1.3–13–15; 3.1–13–16; 3.1–13–17; 3.1–13–18;
3.1–13–19; 3.1–13–21; 3.1–15 Effective September
20, 2010.
329 IAC 3.1–6–1 Effective January 25, 2008.
October 12, 2005; 70 FR
59402.
April 4, 2006; 71 FR 16862
Frm 00026
Fmt 4702
Sfmt 4702
329 IAC 3.1–1–7; 3.1–9–1; 3.1–10–1; 3.1–11–1; 3.1–
13–1; 3.1–13–2(5); 3.1–13–2(9–11); 3.1–13–3 Effective January 25, 2008.
329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1; 3.1–9–1; 3.1–
9–2(9); 3.1–9–2(13),(14),(15); 3.1–9–3(a),(b),(c); 3.1–
10–1; 3.1–10–2(5),(6); 3.1–10–2(11), (12), (13); 3.1–
10–2(15–21); 3.1–11–1; 3.1–11–2(2); 3.1–12–1; 3.1–
12–2(6); 3.1–13–1; 3.1–13–2(7),(8); 3.1–15–8; 3.1–
15–9; 3.1–15–10 Effective January 25, 2008.
E:\FR\FM\09OCP1.SGM
09OCP1
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules
Description of federal requirement (include checklist #, if
relevant)
Federal Register date and
page (and/or RCRA statutory authority)
Corrections to Errors in the Code of Federal Regulations
Checklist 214.
July 14, 2006; 71 FR 40254
Cathode Ray Tube Exclusion Checklist 215 ....................
July 28, 2006; 71 FR 42928
Exclusion of Oil Bearing Secondary Materials Processed
in a Gasification System to Produce Synthesis Gas
Checklist 216.
NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and
Phase II) Amendments Checklist 217.
F019 Exemption for Wastewater Treatment Sludges
from Auto Manufacturing Zinc Phosphating Processes
Checklist 218.
Academic Laboratories Generator Standards Checklist
220.
January 2, 2008; 73 FR 57
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
G. Which revised State rules are
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. EPA will continue to implement
those requirements. In 329 IAC 3.1–6–
3 Indiana is more stringent in adding six
hazardous wastes to the acute hazardous
waste list that are not acute hazardous
wastes in 40 CFR part 261. In section
3.1–9–2, Indiana maintains more
stringent levels for groundwater
protection for several of the constituents
listed in Table 1 of 40 CFR 264.94.
There are no Broader in Scope or more
stringent provisions in Indiana’s rules
analogous to this application.
H. Who handles permits after the final
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 EPA issues
prior to the effective date of the
proposed authorization until they expire
or are terminated. We will not issue any
VerDate Mar<15>2010
15:01 Oct 05, 2012
Jkt 229001
Analogous state authority
329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–5–3; 3.1–5–5; 3.1–
6–1; 3.1–6–2(2); 3.1–6–2(4); 3.1–6–2(8),(9); 3.1–6–
2(17–20); 3.1–7–1; 3.1–7–2(7); 3.1–7–2(9); 3.1–7–
12; 3.1–7–16; 3.1–9–1; 3.1–9–2(1), (2); 3.1–9–2(9);
3.1–9–2(14); 3.1–9–2(16); 3.1–9–2(17); 3.1–9–2(21);
3.1–9–3(c); 3.1–10–1; 3.1–10–2(1), (2), (3); 3.1–10–
2(5), (6); 3.1–10–2 (13); 3.1–10–2(14); 3.1–10–2(18–
23); 3.1–11–1; 3.1–11–2 (2), (3); 3.1–11.5–2(6); 3.1–
12–1; 3.1–12–2(1); 3.1–12–2(5); 3.1–12–2(7); 3.1–
13–1; 3.1–13–2(1), (2), (3); 3.1–13–2(5); 3.1–13–
2(7), (8); 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; 3.1–14–26; 3.1–14–27; 3.1–
14–28; 3.1–14–29; 3.1–14–30; 3.1–14–31; 3.1–14–
32; 3.1–14–33; 3.1–14–34; 3.1–14–35; 3.1–14–36;
3.1–14–37; 3.1–14–38; 3.1–14–39; 3.1–14–40; 3.1–
15–1; 3.1–15–3; 3.1–15–4; 3.1–15–8; 3.1–15–9; 3.1–
15–10; 3.1–16–1; 3.1–16–2(a)(1–4); 3.1–16–2(a)(6),
(7), (8); 13–2; 13–1–1; 13–1–2; 13–3–1; 13–3–2; 13–
6–4; 13–6–5; 13–6–6; 13–7–3; 13–7–6; 13–7–8; 13–
7–10; 13–8–4; 13–8–5; 13–9–1 Effective September
20, 2010.
329 IAC 3.1–4–1; 3.1–4.1–(b); 3.1–6–1 Effective January 25, 2008.
329 IAC 3.1–4–1; 3.1–4–1(b); 3.1–6–1 Effective October 11, 2009.
April 8, 2008; 73 FR 18970
329 IAC 3.1–9–1; 3.1–11–1 Effective October 11, 2009.
June 4, 2008; 73 FR 31756
329 IAC 3.1–6–1 Effective October 11, 2009.
December 1, 2008; 73 FR
72912.
329 IAC 3.1–1–7; 3.1–6–1; 3.1–7–1 Effective September 26, 2010.
more new permits or new portions of
permits for the provisions listed in the
Table above after the effective date of
the 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 or abutting 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, this action has no effect on
Indian Country. EPA retains the
authority to implement and administer
the RCRA program on these lands.
PO 00000
61329
Frm 00027
Fmt 4702
Sfmt 4702
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 authorized
rules, up to and including those revised
January 4, 2001, have previously been
codified through the incorporation-byreference 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 no
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
E:\FR\FM\09OCP1.SGM
09OCP1
61330
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Proposed Rules
applicable executive orders and
statutory provisions as follows:
1. Executive Order 18266: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations
and Regulatory Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Orders 12866 (58 FR
51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821 January 21,
2011).
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
This rule authorizes state
requirements for the purpose of RCRA
3006 and imposes no additional
requirements beyond those required by
state law. Accordingly, I certify that this
rule 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.).
4. Unfunded Mandates Reform Act
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).
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).
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 as defined in Executive
Order 12866 and because the EPA does
not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
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
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 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.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
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.
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).
12. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Because this rule proposes
authorization of pre-existing state rules
and imposes no additional requirements
beyond those imposed by state law and
there are no anticipated significant
adverse human health or environmental
VerDate Mar<15>2010
15:01 Oct 05, 2012
Jkt 229001
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
effects, the rule is not subject to
Executive Order 12898 (59 FR 7629,
February 16, 1994).
List of Subjects in 40 CFR Part 271
Environmental Protection;
Administrative Practice and Procedure;
Confidential business information;
Hazardous materials transportation;
Hazardous waste; 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: September 19, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012–24779 Filed 10–5–12; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 12–269; FCC 12–119]
Policies Regarding Mobile Spectrum
Holdings
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission seeks comment on whether
to retain or modify the current case-bycase analysis used to evaluate mobile
spectrum holdings in the context of
transactions and auctions, as well as
whether to adopt bright-line limits
advocated by some providers and public
interest groups. In addition, the
Commission seeks comment on
updating the spectrum bands that
should be included in any evaluation of
mobile spectrum holdings and whether
to make distinctions between different
bands. Further, the Commission seeks
comment on the appropriate product
and geographic markets and other
implementation issues such as
attribution rules, remedies, and possible
transition issues.
DATES: Interested parties may file
comments on or before November 23,
2012, and reply comments on or before
December 24, 2012.
ADDRESSES: You may submit comments,
identified by WT Docket No. 12–269, by
any of the following methods:
D Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
E:\FR\FM\09OCP1.SGM
09OCP1
]]>Agencies
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Proposed Rules]
[Pages 61326-61330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24779]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2012-0377; FRL-9739-6]
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 reviewed Indiana's application with
regards to federal requirements, and is proposing to authorize the
state's changes.
DATES: Comments must be received on or before November 8, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2012-0377 by one of the following methods:
https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: westefer.gary@epa.gov.
Mail: Gary Westefer, Indiana Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2012-0377. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epagov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some of the
information is not publicly available; e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://
[[Page 61327]]
www.regulations.gov or in hard copy. You may view and copy Indiana's
application from 9:00 a.m. to 4:00 p.m. at the following addresses:
U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, Chicago, Illinois,
contact: Gary Westefer (312) 886-7450; or Indiana Department of
Environmental Management, 100 North Senate, Indianapolis, Indiana,
contact: Steve Mojonnier (317) 233-1655.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Indiana Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450, email westefer.gary@epa.gov.
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 request 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 have made a tentative decision 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 will
have 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 this authorization decision?
The effect of this tentative decision, once finalized, is that a
facility in Indiana subject to RCRA would 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 RCRA
violations, 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;
1. enforce RCRA requirements and suspend or revoke permits; and
3. take enforcement actions regardless of whether the state has
taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations for which Indiana will be
authorized are already effective, and will not be changed by EPA's
final action.
D. What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on 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); October 29, 2004 (69 FR 63100)
effective October 29, 2004; and November 23, 2005 (70 FR 70740)
effective November 23, 2005.
F. What changes are we proposing with today's action?
On March 5, 2007, May 1, 2009, and October 25, 2011, Indiana
submitted final program revision applications, seeking authorization of
their changes in accordance with 40 CFR 271.21. We have determined that
Indiana's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for Final Authorization. We are now
proposing to authorize, subject to receipt of written comments that
oppose this action, Indiana's hazardous waste program revision. We
propose to grant Indiana Final Authorization for the following program
changes:
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include checklist (and/or RCRA Analogous state
, if relevant) statutory authority
authority)
------------------------------------------------------------------------
Burning of Hazardous Wastes in February 21, 329 IAC 3.1-1-7; 3.1-
Boilers and Industrial 1991; 56 FR 7134. 4-1; 3.1-6-1; 3.1-6-
Furnaces Checklist 85. 2(2); 3.1-9-1; 3.1-
10-1; 3.1-10-2(13);
3.1-11-1; 3.1-11-
2(2); 3.1-13-1; 3.1-
13-2(15)
Effective November
22, 1992.
Burning of Hazardous Wastes in July 17, 1991; 56 329 IAC 3.1-6-1; 3.1-
Boilers and Industrial FR 32688. 10-1; 3.1-11-1; 3.1-
Furnaces; Corrections and 11-2(2); 3.1-13-1;
Technical Amendments I 3.1-13-2(15)
Checklist 94. Effective November
22, 1992.
Burning of Hazardous Wastes in August 27, 1991; 329 IAC 3.1-6-1; 3.1-
Boilers and Industrial 56 FR 42504. 6-2(2); 3.1-10-1;
Furnaces; Technical 3.1-10-2(13); 3.1-11-
Amendments II Checklist 96. 1; 3.1-11-2(2)
Effective November
22, 1992.
Coke Ovens Administrative Stay September 5, 329 IAC 3.1-11-1
Checklist 98. 1991; 56 FR Effective November
43874. 22, 1992.
[[Page 61328]]
Burning of Hazardous Wastes in August 25, 1992; 329 IAC 3.1-4-1; 3.1-
Boilers and Industrial 57 FR 38558. 4-1(b); 3.1-5-2; 3.1-
Furnaces; Technical 6-1; 3.1-6-2(2); 3.1-
Amendments III Checklist 111. 9-1; 3.1-9-2(1); 3.1-
10-1; 3.1-10-2(1-3);
3.1-11-1 Effective
August 17, 1996.
Burning of Hazardous Wastes in September 30, 329 IAC 3.1-11-1
Boilers and Industrial 1992; 57 FR Effective August
Furnaces; Technical Amendment 44999. 17,1996.
IV Checklist 114.
Boilers and Industrial July 20, 1993; 58 329 IAC 3.1-1-7; 3.1-
Furnaces; Changes for FR 38816. 11-1 Effective
Consistency with New Air August 17, 1996.
Regulations.
Checklist 125.................
Boilers and Industrial November 9, 1993; 329 IAC 3.1-11-1
Furnaces; Administrative Stay 58 FR 59598. Effective August 17,
and Interim Standards for 1996.
Bevill Residues Checklist 127.
Hazardous Air Pollutant July 3, 2001; 66 329 IAC 3.1-6-1; 3.1-
Standards; Technical FR 42292. 9-1; 3.1-13-1
Corrections Checklist 188.2. Effective February
13, 2004.
ZincFertilizers Made From July 24, 2002; 67 329 IAC 3.1-6-1; 3.1-
Recycled Hazardous Secondary FR 48393. 6-2(17); 3.1-11-1;
Materials Checklist 200. 3.1-12-1 Effective
May 13, 2005.
Land Disposal Restrictions: October 7, 2002; 329 IAC 3.1-12-1
National Treatment Variance 67 FR 62617. Effective May 13,
to Designate New Treatment 2005.
Subcategories for
Radioactively Contaminated
Cadmium, Mercury, and Silver
Containing Batteries
Checklist 201.
NESHAP: Standards for December 19, 329 IAC 3.1-13-1
Hazardous Air Pollutants for 2002; 67 FR Effective May 13,
Hazardous Waste Combustors- 77687. 2005.
Corrections Checklist 202.
Hazardous Waste Management July 30, 2003; 68 329 IAC 3.1-6-2(16);
System; Identification and FR 44659. 13-1-1; 13-1-2; 13-3-
Listing of Hazardous Waste; 1; 13-3-(b)(2)
Recycled Used Oil Management Effective May 13,
Standards Checklist 203. 2005.
National Emission Standards April 26, 2004; 329 IAC 3.1-9-1; 3.1-
for Hazardous Air Pollutants: 69 FR 22601. 10-1 Effective
Surface Coating of September 5, 2006.
Automobiles and Light-Duty
Trucks Checklist 205.
Hazardous Waste-- February 24, 329 IAC 3.1-6-1; 3.1-
Nonwastewaters From 2005; 70 FR 6-2(17); 3.1-6-
Production of Dyes, Pigments, 9138; June 16, 2(19),(20); 3.1-12-1
and Food, Drug and Cosmetic 2005; 70 FR Effective September
Colorants; Mass Loadings- 35032. 5, 2006.
Based Listing Checklist 206
as amended Checklist 206.1.
Hazardous Waste Management March 4, 2005; 70 329 IAC 3.1-4-1; 3,1-
System; Modification of the FR 10776; June 4-1(b); 3.1-6-1; 3.1-
Hazardous Waste Manifest 16, 2005; 70 FR 7-1; 3.1-7-2(2); 3.1-
System Checklist 207 as 35034. 7-2(7); 3.1-8-1; 3.1-
Amended Checklist 207.1. 8-2(1),(2); 3.1-9-1;
3.1-9-2(6); 3.1-9-
2(8); 3.1-10-1; 3.1-
10-2(8); 3.1-10-
2(11) Effective
September 5, 2006.
Waste Management System; June 14, 2005; 70 329 IAC 3.1-1-7; 3.1-
Testing and Monitoring FR 34537; August 5-2; 3.1-5-3; 3.1-6-
Activities; Methods 1, 2005; 70 FR 1; 3.1-6-2(7); 3.1-9-
Innovation Rule and SW-846 44151. 1; 3.1-9-2(10); 3.1-
Final Update IIIB Checklist 10-1; 3.1-10-2(21);
208 as amended Checklist 3.1-11-1; 3.1-11-
208.1. 2(2); 3.1-12-2; 3.1-
12-2(1)(D),(2)(D),
(3); 3.1-13-1; 13-1-
1; 13-1-2; 13-3-1;
13-3-1(b)(2); 13-6-
5; 13-7-4; 13-8-4
Effective September
5, 2006.
Hazardous Waste Management August 5, 2005; 329 IAC 3.1-4-1; 3.1-
System; Modification of the 70 FR 45507. 4-1(b); 3.1-6-1; 3.1-
Hazardous Waste Program; 9-1; 3.1-9-2(1); 3.1-
Mercury Containing Equipment 10-1; 3.1-10-2
Checklist 209. (1),(2),(3); 3.1-12-
1; 3.1-12-2(4); 3.1-
13-1; 3.1-16-1; 3.1-
16-2(a)(3); 3.1-16-
2(a)(7) Effective
September 5, 2006.
Standardized Permit for RCRA September 8, 329 IAC 3.1-1-7; 3.1-
Hazardous Waste Management 2005; 70 FR 4-1; 3.1-4-1(b); 3.1-
Facilities Checklist 210. 53420. 6-1; 3.1-11.5-1; 3.1-
11.5-2(1-7); 3.1-13-
1; 3.1-13-2(1-3);
3.1-13-2(5); 3.1-13-
2(13); 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; 1.3-
13-15; 3.1-13-16;
3.1-13-17; 3.1-13-
18; 3.1-13-19; 3.1-
13-21; 3.1-15
Effective September
20, 2010.
Revision of Wastewater October 4, 2005; 329 IAC 3.1-6-1
Treatment Exemptions for 70 FR 57769. Effective January
Hazardous Waste Mixtures. 25, 2008.
Checklist 211.................
NESHAP: Final Standards for October 12, 2005; 329 IAC 3.1-1-7; 3.1-
Hazardous Waste Combustors 70 FR 59402. 9-1; 3.1-10-1; 3.1-
(Phase I Final Replacement 11-1; 3.1-13-1; 3.1-
Standards and Phase II) 13-2(5); 3.1-13-2(9-
Checklist 212. 11); 3.1-13-3
Effective January
25, 2008.
Burden Reduction Initiative April 4, 2006; 71 329 IAC 3.1-4-1; 3.1-
Checklist 213. FR 16862. 4-1(b); 3.1-6-1; 3.1-
9-1; 3.1-9-2(9); 3.1-
9-2(13),(14),(15);
3.1-9-3(a),(b),(c);
3.1-10-1; 3.1-10-
2(5),(6); 3.1-10-
2(11), (12), (13);
3.1-10-2(15-21); 3.1-
11-1; 3.1-11-2(2);
3.1-12-1; 3.1-12-
2(6); 3.1-13-1; 3.1-
13-2(7),(8); 3.1-15-
8; 3.1-15-9; 3.1-15-
10 Effective January
25, 2008.
[[Page 61329]]
Corrections to Errors in the July 14, 2006; 71 329 IAC 3.1-4-1; 3.1-
Code of Federal Regulations FR 40254. 4-1(b); 3.1-5-3; 3.1-
Checklist 214. 5-5; 3.1-6-1; 3.1-6-
2(2); 3.1-6-2(4);
3.1-6-2(8),(9); 3.1-
6-2(17-20); 3.1-7-1;
3.1-7-2(7); 3.1-7-
2(9); 3.1-7-12; 3.1-
7-16; 3.1-9-1; 3.1-9-
2(1), (2); 3.1-9-
2(9); 3.1-9-2(14);
3.1-9-2(16); 3.1-9-
2(17); 3.1-9-2(21);
3.1-9-3(c); 3.1-10-
1; 3.1-10-2(1), (2),
(3); 3.1-10-2(5),
(6); 3.1-10-2 (13);
3.1-10-2(14); 3.1-10-
2(18-23); 3.1-11-1;
3.1-11-2 (2), (3);
3.1-11.5-2(6); 3.1-
12-1; 3.1-12-2(1);
3.1-12-2(5); 3.1-12-
2(7); 3.1-13-1; 3.1-
13-2(1), (2), (3);
3.1-13-2(5); 3.1-13-
2(7), (8); 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-
14-26; 3.1-14-27;
3.1-14-28; 3.1-14-
29; 3.1-14-30; 3.1-
14-31; 3.1-14-32;
3.1-14-33; 3.1-14-
34; 3.1-14-35; 3.1-
14-36; 3.1-14-37;
3.1-14-38; 3.1-14-
39; 3.1-14-40; 3.1-
15-1; 3.1-15-3; 3.1-
15-4; 3.1-15-8; 3.1-
15-9; 3.1-15-10; 3.1-
16-1; 3.1-16-2(a)(1-
4); 3.1-16-2(a)(6),
(7), (8); 13-2; 13-1-
1; 13-1-2; 13-3-1;
13-3-2; 13-6-4; 13-6-
5; 13-6-6; 13-7-3;
13-7-6; 13-7-8; 13-7-
10; 13-8-4; 13-8-5;
13-9-1 Effective
September 20, 2010.
Cathode Ray Tube Exclusion July 28, 2006; 71 329 IAC 3.1-4-1; 3.1-
Checklist 215. FR 42928. 4.1-(b); 3.1-6-1
Effective January
25, 2008.
Exclusion of Oil Bearing January 2, 2008; 329 IAC 3.1-4-1; 3.1-
Secondary Materials Processed 73 FR 57. 4-1(b); 3.1-6-1
in a Gasification System to Effective October
Produce Synthesis Gas 11, 2009.
Checklist 216.
NESHAP: Final Standards for April 8, 2008; 73 329 IAC 3.1-9-1; 3.1-
Hazardous Waste Combustors FR 18970. 11-1 Effective
(Phase I Final Replacement October 11, 2009.
Standards and Phase II)
Amendments Checklist 217.
F019 Exemption for Wastewater June 4, 2008; 73 329 IAC 3.1-6-1
Treatment Sludges from Auto FR 31756. Effective October
Manufacturing Zinc 11, 2009.
Phosphating Processes
Checklist 218.
Academic Laboratories December 1, 2008; 329 IAC 3.1-1-7; 3.1-
Generator Standards Checklist 73 FR 72912. 6-1; 3.1-7-1
220. Effective September
26, 2010.
------------------------------------------------------------------------
G. Which revised State rules are 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. EPA will continue to
implement those requirements. In 329 IAC 3.1-6-3 Indiana is more
stringent in adding six hazardous wastes to the acute hazardous waste
list that are not acute hazardous wastes in 40 CFR part 261. In section
3.1-9-2, Indiana maintains more stringent levels for groundwater
protection for several of the constituents listed in Table 1 of 40 CFR
264.94. There are no Broader in Scope or more stringent provisions in
Indiana's rules analogous to this application.
H. Who handles permits after the final 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 EPA issues prior to the effective date of the proposed
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 the
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 or abutting 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, this action has no effect on Indian Country. EPA retains
the authority to implement and administer the RCRA program on these
lands.
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 authorized
rules, up to and including those revised January 4, 2001, have
previously been codified through the incorporation-by-reference
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 no 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
[[Page 61330]]
applicable executive orders and statutory provisions as follows:
1. Executive Order 18266: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The Office of Management and Budget has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821 January 21, 2011).
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
This rule authorizes state requirements for the purpose of RCRA
3006 and imposes no additional requirements beyond those required by
state law. Accordingly, I certify that this rule 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.).
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 as defined
in Executive Order 12866 and because the EPA does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.
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
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 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 18,
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. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rule proposes authorization of pre-existing state
rules and imposes no additional requirements beyond those imposed by
state law and there are no anticipated significant adverse human health
or environmental effects, the rule is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994).
List of Subjects in 40 CFR Part 271
Environmental Protection; Administrative Practice and Procedure;
Confidential business information; Hazardous materials transportation;
Hazardous waste; 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: September 19, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-24779 Filed 10-5-12; 8:45 am]
BILLING CODE 6560-50-P
