Indiana: Final Authorization of State Hazardous Waste Management Program Revision, 33986-33988 [2013-13445]
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
Original identification of plan
(a) This section identifies the original
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of West Virginia’’ and all revisions
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2004. The information in this section is
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editions revised as of July 1, 2005
through July 1, 2011, and the 40 CFR,
part 52, Volume 3 of 3 (§§ 52.2020 to the
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(b) [Reserved]
[FR Doc. 2013–13353 Filed 6–5–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2012–0377; FRL–9817–9]
Indiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is granting the State of
Indiana final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The Agency
published a proposed rule on October 9,
2012, and provided for public comment.
EPA received no comments. No further
opportunity for comment will be
provided. EPA has determined that
these changes satisfy all requirements
needed to qualify for final authorization.
DATES: The final authorization will be
effective on June 6, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R05–RCRA–
2012–0377. 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., Confidential Business
Information or other information whose
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 at
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
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SUMMARY:
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Boulevard, Chicago, Illinois 60604,
contact: Gary Westefer (312) 886–7450;
or Indiana Department of Environmental
Management, 100 North Senate,
Indianapolis, Indiana 46204, contact:
Dan Watts (317) 234–5345.
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.
FOR FURTHER INFORMATION CONTACT:
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.
C. What is the effect of this final rule?
This final rule requires all facilities in
Indiana that are subject to RCRA to
comply with the newly-authorized state
requirements instead of the equivalent
Federal requirements. 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, authorize EPA 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 that
EPA is authorizing in this action are
already in effect, and will not be
changed by this action.
D. Proposed Rule
On October 9, 2012 (77 FR 61326),
EPA proposed to authorize changes to
Indiana’s hazardous waste program and
opened the decision to public comment.
The Agency received no comments on
this proposal. EPA found Indiana’s
RCRA program to be satisfactory.
B. What decisions have we made in this
final rule?
E. What RCRA authorization has EPA
previously granted Indiana to
implement?
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 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.
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, effective
October 29, 2004 (69 FR 63100); and
November 23, 2005 effective November
23, 2005 (70 FR 70740).
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
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 its 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.
Therefore, we are granting Indiana final
authorization for the following program
changes (a table with the complete state
analogues is provided in the October 9,
2012 proposed rule):
Burning of Hazardous Wastes in Boilers
and Industrial Furnaces, Checklist 85,
February 21, 1991 (56 FR 7134);
Burning of Hazardous Wastes in Boilers
and Industrial Furnaces; Corrections
and Technical Amendments I,
Checklist 94, July 17, 1991 (56 FR
32688);
Burning of Hazardous Wastes in Boilers
and Industrial Furnaces; Technical
Amendments II, Checklist 96, August
27, 1991 (56 FR 42504);
Coke Ovens Administrative Stay,
Checklist 98, September 5, 1991 (56
FR 43874);
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,
September 30, 1992 (57 FR 44999);
Boilers and Industrial Furnaces;
Changes for Consistency with New
Air Regulations, Checklist 125, July
20, 1993 (58 FR 38816);
Boilers and Industrial Furnaces;
Administrative Stay and Interim
Standards for Bevill Residues,
Checklist 127, November 9, 1993 (58
FR 59598);
Hazardous Air Pollutant Standards;
Technical Corrections, Checklist
188.2, July 3, 2001 (66 FR 42292);
Zinc Fertilizers Made From Recycled
Hazardous Secondary Materials,
Checklist 200, July 24, 2002 (67 FR
48393);
Land Disposal Restrictions: National
Treatment Variance to Designate New
Treatment Subcategories for
Radioactively Contaminated
Cadmium, Mercury, and Silver
Containing Batteries, Checklist 201,
October 7, 2002 (67 FR 62617);
NESHAP: Standards for Hazardous Air
Pollutants for Hazardous Waste
Combustors-Corrections, Checklist
202, December 19, 2002 (67 FR
77687);
Hazardous Waste Management System;
Identification and Listing of
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Hazardous Waste; Recycled Used Oil
Management Standards, Checklist
203, July 30, 2003 (68 FR 44659);
National Emission Standards for
Hazardous Air Pollutants: Surface
Coating of Automobiles and LightDuty Trucks, Checklist 205, April 26,
2004 (69 FR 22601)
Hazardous Waste—Nonwastewaters
From Production of Dyes, Pigments
and Food, Drug and Cosmetic
Colorants; Mass Loadings-Based
Listing, Checklist 206, February 24,
2005 (70 FR 9138), as amended,
Checklist 206.1, June 16, 2005 (70 FR
35032);
Hazardous Waste Management System;
Modification of the Hazardous Waste
Manifest System, Checklist 207,
March 4, 2005 (70 FR 10776), as
amended, Checklist 207.1, June 16,
2005 (70 FR 35034);
Waste Management System; Testing and
Monitoring Activities; Methods
Innovation Rule and SW–846 Final
Update IIIB, Checklist 208, June 14,
2005 (70 FR 34537), as amended,
Checklist 208.1, 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, September 8,
2005 (70 FR 53420);
Revision of Wastewater Treatment
Exemptions for Hazardous Waste
Mixtures, Checklist 211, October 4,
2005 (70 FR 57769);
NESHAP: Final Standards for
Hazardous Waste Combustors (Phase I
Final Replacement Standards and
Phase II), Checklist 212, October 12,
2005 (70 FR 59402); Burden
Reduction Initiative, Checklist 213,
April 4, 2006 (71 FR 16862);
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, January 2, 2008 (73 FR
57);
NESHAP: Final Standards for
Hazardous Waste Combustors (Phase I
Final Replacement Standards and
Phase II) Amendments, Checklist 217,
April 8, 2008 (73 FR 18970);
Wastewater Treatment Sludges from
Auto Manufacturing Zinc
Phosphating Processes, Checklist 218,
June 4, 2008 (73 FR 31756); and
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33987
Academic Laboratories Generator
Standards, Checklist 220, December 1,
2008 (73 FR 72912).
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 than the
Federal requirements: The state has
added six hazardous wastes to its acute
hazardous waste list that are not acute
hazardous wastes in 40 CFR Part 261. In
329 IAC 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
other provisions that are more stringent
than the Federal requirements in
Indiana’s rules in 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 this final
rule 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 final rule
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 in Indian Country.
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
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
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 incorporation-byreference, effective December 24, 2001
(66 FR 53724, 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 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 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.).
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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).
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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
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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 authorizes preexisting 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).
13. 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 sixty (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). This final
authorization will be effective June 6,
2013.
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: May 9, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013–13445 Filed 6–5–13; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33986-33988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13445]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2012-0377; FRL-9817-9]
Indiana: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting the State of Indiana final authorization of
the changes to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Agency published a proposed
rule on October 9, 2012, and provided for public comment. EPA received
no comments. No further opportunity for comment will be provided. EPA
has determined that these changes satisfy all requirements needed to
qualify for final authorization.
DATES: The final authorization will be effective on June 6, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R05-RCRA-2012-0377. 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.,
Confidential Business Information or other information whose 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 at
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
60604, contact: Gary Westefer (312) 886-7450; or Indiana Department of
Environmental Management, 100 North Senate, Indianapolis, Indiana
46204, contact: Dan Watts (317) 234-5345.
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 final 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 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 final rule?
This final rule requires all facilities in Indiana that are subject
to RCRA to comply with the newly-authorized state requirements instead
of the equivalent Federal requirements. 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, authorize EPA 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 that EPA is authorizing in
this action are already in effect, and will not be changed by this
action.
D. Proposed Rule
On October 9, 2012 (77 FR 61326), EPA proposed to authorize changes
to Indiana's hazardous waste program and opened the decision to public
comment. The Agency received no comments on this proposal. EPA found
Indiana's RCRA program to be satisfactory.
E. What RCRA authorization has EPA previously granted Indiana to
implement?
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, effective October 29,
2004 (69 FR 63100); and November 23, 2005 effective November 23, 2005
(70 FR 70740).
[[Page 33987]]
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
its 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. Therefore,
we are granting Indiana final authorization for the following program
changes (a table with the complete state analogues is provided in the
October 9, 2012 proposed rule):
Burning of Hazardous Wastes in Boilers and Industrial Furnaces,
Checklist 85, February 21, 1991 (56 FR 7134);
Burning of Hazardous Wastes in Boilers and Industrial Furnaces;
Corrections and Technical Amendments I, Checklist 94, July 17, 1991 (56
FR 32688);
Burning of Hazardous Wastes in Boilers and Industrial Furnaces;
Technical Amendments II, Checklist 96, August 27, 1991 (56 FR 42504);
Coke Ovens Administrative Stay, Checklist 98, September 5, 1991 (56 FR
43874);
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, September 30, 1992 (57 FR
44999);
Boilers and Industrial Furnaces; Changes for Consistency with New Air
Regulations, Checklist 125, July 20, 1993 (58 FR 38816);
Boilers and Industrial Furnaces; Administrative Stay and Interim
Standards for Bevill Residues, Checklist 127, November 9, 1993 (58 FR
59598);
Hazardous Air Pollutant Standards; Technical Corrections, Checklist
188.2, July 3, 2001 (66 FR 42292);
Zinc Fertilizers Made From Recycled Hazardous Secondary Materials,
Checklist 200, July 24, 2002 (67 FR 48393);
Land Disposal Restrictions: National Treatment Variance to Designate
New Treatment Subcategories for Radioactively Contaminated Cadmium,
Mercury, and Silver Containing Batteries, Checklist 201, October 7,
2002 (67 FR 62617);
NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste
Combustors-Corrections, Checklist 202, December 19, 2002 (67 FR 77687);
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Recycled Used Oil Management Standards, Checklist 203,
July 30, 2003 (68 FR 44659);
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Automobiles and Light-Duty Trucks, Checklist 205, April 26,
2004 (69 FR 22601)
Hazardous Waste--Nonwastewaters From Production of Dyes, Pigments and
Food, Drug and Cosmetic Colorants; Mass Loadings-Based Listing,
Checklist 206, February 24, 2005 (70 FR 9138), as amended, Checklist
206.1, June 16, 2005 (70 FR 35032);
Hazardous Waste Management System; Modification of the Hazardous Waste
Manifest System, Checklist 207, March 4, 2005 (70 FR 10776), as
amended, Checklist 207.1, June 16, 2005 (70 FR 35034);
Waste Management System; Testing and Monitoring Activities; Methods
Innovation Rule and SW-846 Final Update IIIB, Checklist 208, June 14,
2005 (70 FR 34537), as amended, Checklist 208.1, 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, September 8, 2005 (70 FR 53420);
Revision of Wastewater Treatment Exemptions for Hazardous Waste
Mixtures, Checklist 211, October 4, 2005 (70 FR 57769);
NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final
Replacement Standards and Phase II), Checklist 212, October 12, 2005
(70 FR 59402); Burden Reduction Initiative, Checklist 213, April 4,
2006 (71 FR 16862);
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, January 2,
2008 (73 FR 57);
NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final
Replacement Standards and Phase II) Amendments, Checklist 217, April 8,
2008 (73 FR 18970);
Wastewater Treatment Sludges from Auto Manufacturing Zinc Phosphating
Processes, Checklist 218, June 4, 2008 (73 FR 31756); and
Academic Laboratories Generator Standards, Checklist 220, December 1,
2008 (73 FR 72912).
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 than the Federal requirements: The state has added six
hazardous wastes to its acute hazardous waste list that are not acute
hazardous wastes in 40 CFR Part 261. In 329 IAC 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 other provisions that are more stringent than
the Federal requirements in Indiana's rules in 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 this final rule 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 final rule 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 in Indian
Country.
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
[[Page 33988]]
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 incorporation-by-
reference, effective December 24, 2001 (66 FR 53724, 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 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
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 authorizes 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).
13. 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 sixty (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). This final authorization will be
effective June 6, 2013.
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: May 9, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-13445 Filed 6-5-13; 8:45 am]
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