Indiana: Proposed Authorization of State Hazardous Waste Management Program Revisions, 26911-26914 [2020-09548]

Download as PDF Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Proposed Rules timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA’s conformity rule at 40 CFR part 93 requires that transportation plans, programs and projects conform to SIPs and establish the criteria and procedures for determining whether or not they conform. The conformity rule generally requires a demonstration that emissions from the Regional Transportation Plan (RTP) and the Transportation Improvement Program (TIP) are consistent with the motor vehicle emissions budget (MVEB) contained in the control strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as ‘‘that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions (40 CFR 93.101).’’ Under the conformity rule, LMP areas may demonstrate conformity without a regional emission analysis (40 CFR 93.109(e)). However, because LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs and projects. Specifically, for such determinations, RTPs, TIPs and transportation projects still will have to demonstrate that they are fiscally constrained (40 CFR 93.108), meet the criteria for consultation (40 CFR 93.105 and 40 CFR 93.112) and transportation control measure implementation in the conformity rule provisions (40 CFR 93.113). Additionally, conformity determinations for RTPs and TIPs must be determined no less frequently than every four years, and conformity of transportation plan and TIP amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR 93.104. In addition, for projects to be approved, they must come from a currently conforming RTP and TIP (40 CFR 93.114 and 93.115). III. Proposed Action EPA’s review of MDE’s December 18, 2019 submittal and March 12, 2020 technical correction indicates they meet CAA section 175A and all applicable CAA requirements. EPA is proposing to approve the LMP for Kent and Queen Anne’s Counties as a revision to the Maryland SIP. EPA is soliciting public comments on the issues discussed in VerDate Sep<11>2014 21:25 May 05, 2020 Jkt 250001 this document. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule, pertaining Maryland’s limited PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 26911 maintenance plan for Kent and Queen Anne’s Counties, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: April 27, 2020. Cosmo Servidio, Regional Administrator, Region III. [FR Doc. 2020–09373 Filed 5–5–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R05–RCRA–2018–0376; FRL–10008– 91–Region 5] Indiana: Proposed Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Indiana has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. EPA has reviewed Indiana’s application and has determined that these changes satisfy all requirements needed to qualify for final authorization. Therefore, we are proposing to authorize the State’s changes. EPA seeks public comment prior to taking final action. DATES: Comments must be received on or before June 22, 2020. ADDRESSES: Submit your comments by one of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Email: gromnicki.jean@epa.gov. Instructions: EPA must receive your comments by June 22, 2020. Direct your comments to Docket ID Number EPA– R05–RCRA–2018–0376. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information SUMMARY: E:\FR\FM\06MYP1.SGM 06MYP1 26912 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Proposed Rules 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 federal www.regulations.gov website 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, 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 www.epa.gov/epahome/dockets.htm). Docket: All documents in the docket are listed in the www.regulations.gov, index. Although listed in the index, some information is not publicly available, e.g., CBI 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 electronically in www.regulations.gov. For alternative access to docket materials, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Indiana Regulatory Specialist, U.S. EPA Region 5, LL–17J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6162, email: gromnicki.jean@epa.gov. The EPA Region 5 office is open from 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID–19. SUPPLEMENTARY INFORMATION: A. Why are revisions to state programs necessary? States that have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must VerDate Sep<11>2014 21:25 May 05, 2020 Jkt 250001 maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, states must change their programs and ask EPA to authorize the changes. Changes to state programs may be necessary when Federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) take effect in authorized states at the same time that they take effect in unauthorized states. Thus, EPA will implement those requirements and prohibitions in Indiana, including the issuance of new permits implementing those requirements, until the State is granted authorization to do so. B. What decisions has EPA made in this rule? On January 23, 2020, Indiana submitted a complete program revision application seeking authorization of changes to its hazardous waste program that correspond to certain Federal rules promulgated between March 18, 2010 and April 8, 2015 (including RCRA Clusters XIX through XXIV). EPA concludes that Indiana’s application to revise its authorized program meets all of the statutory and regulatory requirements established under RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA proposes to grant Indiana final authorization to operate its hazardous waste program with the changes described in the authorization application, and as outlined below in Section F of this document. Indiana has responsibility for permitting treatment, storage, and disposal facilities 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 HSWA, as discussed above. C. What is the effect of this proposed authorization decision? If Indiana is authorized for the changes described in Indiana’s authorization application, these changes will become part of the authorized State hazardous waste program, and will therefore be federally enforceable. Indiana will continue to have primary PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 enforcement authority and responsibility for its State hazardous waste program. EPA would maintain its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to: • Conduct inspections, and require monitoring, tests, analyses and reports; • Enforce RCRA requirements, including authorized State program requirements, and suspend or revoke permits; and • 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 EPA is proposing to authorize Indiana are already effective under state law and are not changed by today’s proposed action. D. What happens if EPA receives comments that oppose this action? If EPA receives comments on this proposed action, we will address all such comments in a later final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you should 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; November 23, 2005 (70 FR 70740) effective November 23, 2005; and June 6, 2013 (78 FR 33986) effective June 6, 2013. F. What changes are we proposing with today’s action? On January 23, 2020, Indiana submitted a final complete program E:\FR\FM\06MYP1.SGM 06MYP1 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Proposed Rules revision application, seeking authorization of changes to its hazardous waste management program in accordance with 40 CFR 271.21. EPA proposes to determine, subject to receipt of written comments that oppose this action, that Indiana’s hazardous waste program revisions are equivalent to, consistent with, and no less stringent than the federal program, and therefore 26913 satisfy all of the requirements necessary to qualify for final authorization. Therefore, EPA is proposing to authorize Indiana for the following program changes: TABLE 1—INDIANA’S ANALOGS TO THE FEDERAL REQUIREMENTS Federal Register date and page Description of federal requirement Hazardous Waste Technical Corrections and Clarifications Checklist 223. March 18, 2010; 75 FR 12989 and amended on June 4, 2010; 75 FR 31716. Withdrawal of the Emission Comparable Fuel Exclusion under RCRA Checklist 224. Removal of Saccharin and Its Salts from the Lists of Hazardous Wastes Checklist 225. Academic Laboratories Generator Standards Technical Corrections Checklist 226. Revisions of the Land Disposal Treatment Standards for Carbamate Wastes Checklist 227. Hazardous Waste Technical Corrections and Clarifications Checklist 228. Conditional Exclusions for Solvent Contaminated Wipes Checklist 229. Conditional Exclusions for Carbon Dioxide Streams in Geologic Sequestration Activities Checklist 230. Hazardous Waste Electronic Manifest Rule Checklist 231. June 15, 2010; 75 FR 33712. December 17, 2010; 75 FR 78918. December 20, 2010; 75 FR 79304. June 13, 2011; 76 FR 34147. April 13, 2012; 77 FR 22229. July 31, 2013; 78 FR 46448 Revisions to the Export Provisions of the Cathode Ray Tube Rule Checklist 232. Revisions to the Definition of Solid Waste Checklist 233A. Revisions to the Definition of Solid Waste Checklist 233C. Revisions to the Definition of Solid Waste Checklist 233E. Response to Vacaturs of the Comparable Fuels Rule and the Gasification Rule Checklist 234. June 26, 2014; 79 FR 36220. January 13, 2015; 80 FR 1694. January 13, 2015; 80 FR 1694. January 13, 2015; 80 FR 1694. April 8, 2015; 80 FR 18777 Indiana is not seeking authorization for the transfer-based exclusion, at 40 CFR 261.4(a)(24) and (25), or the definition of legitimate recycling, at 40 CFR 260.43, at this time. G. Where are the revised State rules different from the Federal rules? When revised state rules differ from the Federal rules in the RCRA state authorization process, EPA determines whether the state rules are equivalent to, more stringent than, or broader in scope than the federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929, state programs may contain requirements that are more stringent than the federal regulations. Such more stringent requirements can be federally authorized and, once authorized, become federally enforceable. Although the statute does not prevent states from adopting regulations that are broader in scope than the federal program, states VerDate Sep<11>2014 21:25 May 05, 2020 Jkt 250001 January 3, 2014; 79 FR 350. February 7, 2014; 79 FR 7518. Analogous state authority 329 IAC 3.1–4–1(a); 3.1–4–1(b); 3.1–4–5 through 25.1; 3.1–6–1; 3.1–6–2(4); 3.1–6–2(7); 3.1–6–2(10); 3.1– 6–3; 3.1–6–4; 3.1–7–1; 3.1–7–2(4); 3.1–8–1; 3.1–8– 2(1); 3.1–8–2 (7); 3.1–8–4; 3.1–9–1; 3.1–9–2(8); 3.1– 10–1; 3.1–10–2(11); 3.1–10–2(21); 3.1–11–1; 3.1– 11–2(3); 3.1–12–1; 3.1–12–2(10); 3.1–13–1 Effective November 5, 2016. 329 IAC 3.1–6–1 Effective June 28, 2012. 329 IAC 3.1–6.1; 3.1–12–1; 3.1–12–2(10) Effective June 28, 2012. 329 IAC 3.1–7–1 Effective June 28, 2012. 329 IAC 3.1–12–1; 3.1–12–2(10) Effective July 3, 2015. 329 IAC 3.1–6–1; 3.1–11–1 Effective July 3, 2015. 329 IAC 3.1–4–1(a); 3.1–4–1(b); 3.1–4–5 through 25.1; 3.1–6–1; 3.1–6–2(13) Effective July 3, 2015. 329 IAC 3.1–4–1(a); 3.1–4–1(b); 3.1–4–5 through 25.1; 3.1–6–1 Effective July 3, 2015. 329 IAC 3.1–2; 3.1–3–1; 3.1–4–1(a); 3.1–4–1(b) through 25.1; 3.1–7–1; 3.1–8–1; 3.1–8–2(1); 3.1–8– 2(2); 3.1–9–1; 3.1–9–2(8) Effective November 5, 2016. 329 IAC 3.1–4–1(a); 3.1–4–1(b); 3.1–4–5 through 25.1; 3.1–6–1 Effective November 5, 2016. 329 IAC 3.1–5–4; 3.1–5–4(b); 3.1–5–7(a); 3.1–5–7(b) Effective November 5, 2016. 329 IAC 3.1–6–1; 3.1–6–2(3) Effective November 5, 2016. 329 IAC 3.1–4–1(a); 3.1–4–1(b); 3.1–4–5 through 25.1; 3.1–6–1; 3.1–6–2(2) Effective November 5, 2016. 329 IAC 3.1–4–1(a); 3.1–4–1(b); 3.1–4–5 through 25.1; 3.1–6–1 Effective November 5, 2016. cannot receive federal authorization for such regulations, and they are not federally enforceable. EPA considers the following State requirements to be more stringent than the Federal requirements: 329 IAC 3.1–6–3, because the State adds six hazardous wastes to the acute hazardous waste list that are not acute hazardous wastes in 40 CFR part 261. 329 IAC 3.1–9–2, because the State maintains more stringent levels for groundwater protection for several of the constituents listed in Table 1 of 40 CFR 264.94. These requirements are part of Indiana’s authorized program and are federally enforceable. Broader-in-scope requirements do not become part of the authorized program and EPA cannot enforce them. Although regulated entities must comply with these requirements in accordance with PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 State law, they are not RCRA requirements. There are no state requirements in the program revisions Indiana seeks authorization for that are considered to be broader in scope than the Federal requirements. EPA cannot authorize the Federal requirements at 40 CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. Indiana has excluded those non-delegable federal requirements. EPA will continue to implement those requirements. H. Who handles permits after the final authorization takes effect? When 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 E:\FR\FM\06MYP1.SGM 06MYP1 26914 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Proposed Rules proposed authorization until they expire or are terminated. EPA will not issue any new permits or new portions of permits for the provisions listed in the Table above after the effective date of the final authorization. EPA will continue to implement and issue permits for HSWA requirements for which Indiana is not yet authorized. EPA has the authority to enforce stateissued permits after the State is 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 within the State, which includes: • All lands within the exterior boundaries of Indian reservations within or abutting the State of Indiana; • Any land held in trust by the U.S. for an Indian tribe; and • 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 jurisdiction over Indian country and will continue to implement and administer the RCRA program on these lands. J. What is codification and will EPA codify Indiana’s hazardous waste program as proposed in this rule? Codification is the process of placing citations and references to the State’s statutes and regulations that comprise the State’s authorized hazardous waste program into the Code of Federal Regulations. EPA does this by adding those citations and references to the authorized State rules in 40 CFR part 272. EPA is not proposing to codify the authorization of Indiana’s changes at this time. However, EPA reserves the ability to amend 40 CFR part 272, subpart P for the authorization of Indiana’s program changes at a later date. K. Statutory and Executive Order Reviews The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to authorize State requirements for the purpose of RCRA section 3006 and imposes no additional requirements beyond those imposed by State law. Therefore, this action is not subject to review by OMB. This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today’s proposed authorization of VerDate Sep<11>2014 21:25 May 05, 2020 Jkt 250001 Indiana’s revised hazardous waste program under RCRA are exempted under Executive Order 12866. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action proposes to authorize 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 (2 U.S.C. 1531– 1538). For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to authorize State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Under RCRA section 3006(b), EPA grants a state’s application for authorization as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a state authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in proposing this rule, EPA has taken the PO 00000 Frm 00027 Fmt 4702 Sfmt 9990 necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of this action in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ‘‘Burden’’ is defined at 5 CFR 1320.3(b). Executive Order 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. Because this action proposes authorization of pre-existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, this proposed rule is not subject to Executive Order 12898. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: April 29, 2020. Kurt Thiede, Regional Administrator, Region 5. [FR Doc. 2020–09548 Filed 5–5–20; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\06MYP1.SGM 06MYP1

Agencies

[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Proposed Rules]
[Pages 26911-26914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09548]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2018-0376; FRL-10008-91-Region 5]


Indiana: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Indiana has applied to the Environmental Protection Agency 
(EPA) for final authorization of changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. 
EPA has reviewed Indiana's application and has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization. Therefore, we are proposing to authorize the State's 
changes. EPA seeks public comment prior to taking final action.

DATES: Comments must be received on or before June 22, 2020.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
    Instructions: EPA must receive your comments by June 22, 2020. 
Direct your comments to Docket ID Number EPA-R05-RCRA-2018-0376. EPA's 
policy is that all comments received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information

[[Page 26912]]

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 federal www.regulations.gov website 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, 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 www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the 
www.regulations.gov, index. Although listed in the index, some 
information is not publicly available, e.g., CBI 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 electronically in 
www.regulations.gov. For alternative access to docket materials, please 
contact the person identified in the For Further Information Contact 
section.

FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Indiana Regulatory 
Specialist, U.S. EPA Region 5, LL-17J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6162, email: [email protected]. 
The EPA Region 5 office is open from 9:00 a.m. to 4:00 p.m., Monday 
through Friday, excluding Federal holidays and facility closures due to 
COVID-19.

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, states must 
change their programs and ask EPA to authorize the changes. Changes to 
state programs may be necessary when Federal or state statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, states must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized states at the 
same time that they take effect in unauthorized states. Thus, EPA will 
implement those requirements and prohibitions in Indiana, including the 
issuance of new permits implementing those requirements, until the 
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On January 23, 2020, Indiana submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program that correspond to certain Federal rules promulgated between 
March 18, 2010 and April 8, 2015 (including RCRA Clusters XIX through 
XXIV). EPA concludes that Indiana's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established under RCRA, as set forth in RCRA section 
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA 
proposes to grant Indiana final authorization to operate its hazardous 
waste program with the changes described in the authorization 
application, and as outlined below in Section F of this document. 
Indiana has responsibility for permitting treatment, storage, and 
disposal facilities 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 HSWA, as 
discussed above.

C. What is the effect of this proposed authorization decision?

    If Indiana is authorized for the changes described in Indiana's 
authorization application, these changes will become part of the 
authorized State hazardous waste program, and will therefore be 
federally enforceable. Indiana will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. EPA would maintain its authorities under RCRA sections 3007, 
3008, 3013, and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses and reports;
     Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
     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 EPA is proposing 
to authorize Indiana are already effective under state law and are not 
changed by today's proposed action.

D. What happens if EPA receives comments that oppose this action?

    If EPA receives comments on this proposed action, we will address 
all such comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you should 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; November 23, 2005 (70 FR 70740) effective 
November 23, 2005; and June 6, 2013 (78 FR 33986) effective June 6, 
2013.

F. What changes are we proposing with today's action?

    On January 23, 2020, Indiana submitted a final complete program

[[Page 26913]]

revision application, seeking authorization of changes to its hazardous 
waste management program in accordance with 40 CFR 271.21. EPA proposes 
to determine, subject to receipt of written comments that oppose this 
action, that Indiana's hazardous waste program revisions are equivalent 
to, consistent with, and no less stringent than the federal program, 
and therefore satisfy all of the requirements necessary to qualify for 
final authorization. Therefore, EPA is proposing to authorize Indiana 
for the following program changes:

         Table 1--Indiana's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of federal       Federal Register     Analogous state
          requirement             date and page          authority
------------------------------------------------------------------------
Hazardous Waste Technical       March 18, 2010;    329 IAC 3.1-4-1(a);
 Corrections and                 75 FR 12989 and    3.1-4-1(b); 3.1-4-5
 Clarifications Checklist 223.   amended on June    through 25.1; 3.1-6-
                                 4, 2010; 75 FR     1; 3.1-6-2(4); 3.1-6-
                                 31716.             2(7); 3.1-6-2(10);
                                                    3.1-6-3; 3.1-6-4;
                                                    3.1-7-1; 3.1-7-2(4);
                                                    3.1-8-1; 3.1-8-2(1);
                                                    3.1-8-2 (7); 3.1-8-
                                                    4; 3.1-9-1; 3.1-9-
                                                    2(8); 3.1-10-1; 3.1-
                                                    10-2(11); 3.1-10-
                                                    2(21); 3.1-11-1; 3.1-
                                                    11-2(3); 3.1-12-1;
                                                    3.1-12-2(10); 3.1-13-
                                                    1 Effective November
                                                    5, 2016.
Withdrawal of the Emission      June 15, 2010; 75  329 IAC 3.1-6-1
 Comparable Fuel Exclusion       FR 33712.          Effective June 28,
 under RCRA Checklist 224.                          2012.
Removal of Saccharin and Its    December 17,       329 IAC 3.1-6.1; 3.1-
 Salts from the Lists of         2010; 75 FR        12-1; 3.1-12-2(10)
 Hazardous Wastes Checklist      78918.             Effective June 28,
 225.                                               2012.
Academic Laboratories           December 20,       329 IAC 3.1-7-1
 Generator Standards Technical   2010; 75 FR        Effective June 28,
 Corrections Checklist 226.      79304.             2012.
Revisions of the Land Disposal  June 13, 2011; 76  329 IAC 3.1-12-1; 3.1-
 Treatment Standards for         FR 34147.          12-2(10) Effective
 Carbamate Wastes Checklist                         July 3, 2015.
 227.
Hazardous Waste Technical       April 13, 2012;    329 IAC 3.1-6-1; 3.1-
 Corrections and                 77 FR 22229.       11-1 Effective July
 Clarifications Checklist 228.                      3, 2015.
Conditional Exclusions for      July 31, 2013; 78  329 IAC 3.1-4-1(a);
 Solvent Contaminated Wipes      FR 46448.          3.1-4-1(b); 3.1-4-5
 Checklist 229.                                     through 25.1; 3.1-6-
                                                    1; 3.1-6-2(13)
                                                    Effective July 3,
                                                    2015.
Conditional Exclusions for      January 3, 2014;   329 IAC 3.1-4-1(a);
 Carbon Dioxide Streams in       79 FR 350.         3.1-4-1(b); 3.1-4-5
 Geologic Sequestration                             through 25.1; 3.1-6-
 Activities Checklist 230.                          1 Effective July 3,
                                                    2015.
Hazardous Waste Electronic      February 7, 2014;  329 IAC 3.1-2; 3.1-3-
 Manifest Rule Checklist 231.    79 FR 7518.        1; 3.1-4-1(a); 3.1-4-
                                                    1(b) through 25.1;
                                                    3.1-7-1; 3.1-8-1;
                                                    3.1-8-2(1); 3.1-8-
                                                    2(2); 3.1-9-1; 3.1-9-
                                                    2(8) Effective
                                                    November 5, 2016.
Revisions to the Export         June 26, 2014; 79  329 IAC 3.1-4-1(a);
 Provisions of the Cathode Ray   FR 36220.          3.1-4-1(b); 3.1-4-5
 Tube Rule Checklist 232.                           through 25.1; 3.1-6-
                                                    1 Effective November
                                                    5, 2016.
Revisions to the Definition of  January 13, 2015;  329 IAC 3.1-5-4; 3.1-
 Solid Waste Checklist 233A.     80 FR 1694.        5-4(b); 3.1-5-7(a);
                                                    3.1-5-7(b) Effective
                                                    November 5, 2016.
Revisions to the Definition of  January 13, 2015;  329 IAC 3.1-6-1; 3.1-
 Solid Waste Checklist 233C.     80 FR 1694.        6-2(3) Effective
                                                    November 5, 2016.
Revisions to the Definition of  January 13, 2015;  329 IAC 3.1-4-1(a);
 Solid Waste Checklist 233E.     80 FR 1694.        3.1-4-1(b); 3.1-4-5
                                                    through 25.1; 3.1-6-
                                                    1; 3.1-6-2(2)
                                                    Effective November
                                                    5, 2016.
Response to Vacaturs of the     April 8, 2015; 80  329 IAC 3.1-4-1(a);
 Comparable Fuels Rule and the   FR 18777.          3.1-4-1(b); 3.1-4-5
 Gasification Rule Checklist                        through 25.1; 3.1-6-
 234.                                               1 Effective November
                                                    5, 2016.
------------------------------------------------------------------------

    Indiana is not seeking authorization for the transfer-based 
exclusion, at 40 CFR 261.4(a)(24) and (25), or the definition of 
legitimate recycling, at 40 CFR 260.43, at this time.

G. Where are the revised State rules different from the Federal rules?

    When revised state rules differ from the Federal rules in the RCRA 
state authorization process, EPA determines whether the state rules are 
equivalent to, more stringent than, or broader in scope than the 
federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929, 
state programs may contain requirements that are more stringent than 
the federal regulations. Such more stringent requirements can be 
federally authorized and, once authorized, become federally 
enforceable. Although the statute does not prevent states from adopting 
regulations that are broader in scope than the federal program, states 
cannot receive federal authorization for such regulations, and they are 
not federally enforceable.
    EPA considers the following State requirements to be more stringent 
than the Federal requirements:
    329 IAC 3.1-6-3, because the State adds six hazardous wastes to the 
acute hazardous waste list that are not acute hazardous wastes in 40 
CFR part 261.
    329 IAC 3.1-9-2, because the State maintains more stringent levels 
for groundwater protection for several of the constituents listed in 
Table 1 of 40 CFR 264.94.
    These requirements are part of Indiana's authorized program and are 
federally enforceable.
    Broader-in-scope requirements do not become part of the authorized 
program and EPA cannot enforce them. Although regulated entities must 
comply with these requirements in accordance with State law, they are 
not RCRA requirements.
    There are no state requirements in the program revisions Indiana 
seeks authorization for that are considered to be broader in scope than 
the Federal requirements.
    EPA cannot authorize the Federal requirements at 40 CFR 268.5, 
268.6, 268.42(b), 268.44, and 270.3. Indiana has excluded those non-
delegable federal requirements. EPA will continue to implement those 
requirements.

H. Who handles permits after the final authorization takes effect?

    When 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

[[Page 26914]]

proposed authorization until they expire or are terminated. EPA will 
not issue any new permits or new portions of permits for the provisions 
listed in the Table above after the effective date of the final 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Indiana is not yet authorized. EPA has the 
authority to enforce state-issued permits after the State is 
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 within the State, which includes:
     All lands within the exterior boundaries of Indian 
reservations within or abutting the State of Indiana;
     Any land held in trust by the U.S. for an Indian tribe; 
and
     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 
jurisdiction over Indian country and will continue to implement and 
administer the RCRA program on these lands.

J. What is codification and will EPA codify Indiana's hazardous waste 
program as proposed in this rule?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
authorized hazardous waste program into the Code of Federal 
Regulations. EPA does this by adding those citations and references to 
the authorized State rules in 40 CFR part 272. EPA is not proposing to 
codify the authorization of Indiana's changes at this time. However, 
EPA reserves the ability to amend 40 CFR part 272, subpart P for the 
authorization of Indiana's program changes at a later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to 
authorize State requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Therefore, this action is not subject to review by OMB. This action is 
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory 
action because actions such as today's proposed authorization of 
Indiana's revised hazardous waste program under RCRA are exempted under 
Executive Order 12866. Accordingly, I certify that this action will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this action proposes to authorize 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 (2 U.S.C. 1531-
1538). For the same reason, this action also does not significantly or 
uniquely affect the communities of tribal governments, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely proposes to authorize State requirements as part of 
the State RCRA hazardous waste program without altering the 
relationship or the distribution of power and responsibilities 
established by RCRA. This action also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it does not make decisions based on environmental 
health or safety risks. This action is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) 
because it is not a significant regulatory action under Executive Order 
12866.
    Under RCRA section 3006(b), EPA grants a state's application for 
authorization as long as the state meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a state authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in proposing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of this action in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive 
Order 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. Because this action proposes authorization of pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
this proposed rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of 
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act 
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: April 29, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-09548 Filed 5-5-20; 8:45 am]
 BILLING CODE 6560-50-P
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