[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Rules and Regulations]
[Pages 43018-43023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21173]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5552-4]
Indiana: Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Indiana has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter RCRA). Indiana's revisions
consist of provisions contained in rules promulgated between January
14, 1985, and June 26, 1992, otherwise known as HSWA Clusters I and II,
Non-HSWA Clusters III, IV, V, and VI, and RCRA Clusters 1 and 2. These
requirements are listed in Section B of this notice. The Environmental
Protection Agency (EPA) has reviewed Indiana's application and has made
a decision, subject to public review and comment, that Indiana's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Indiana's hazardous waste program revisions, subject to
authority retained by EPA under the Hazardous and Solid Waste
Amendments of 1984 (hereinafter HSWA). Indiana's application for
program revision is available for public review and comment.
EFFECTIVE DATE: Final authorization for Indiana shall be effective
October 21, 1996 unless EPA publishes a prior Federal Register action
withdrawing this immediate final rule. All comments on Indiana's
program revision application must be received by the close of business
September 19, 1996.
ADDRESSES: Copies of Indiana's program revision application are
available for inspection and copying, from 9 a.m. to 4 p.m., at the
following addresses: Indiana Department of Environmental Management,
100 North Senate, P.O. Box 6015, Indianapolis, Indiana 46206-6015,
contact: Lynn West (317) 232-3593; U.S. EPA, Region 5, DR-7J, 77 W.
Jackson Blvd., Chicago, Illinois 60604, contact: Gary Westefer (312)
886-7450. Written comments should be sent to Mr. Gary Westefer, Indiana
Regulatory Specialist, U.S. EPA, Office of RCRA, DR-7J, 77 W. Jackson
Blvd., Chicago, Illinois 60604, phone 312/886-7450.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Westefer, U.S. EPA Region 5,
77 West Jackson Boulevard, Chicago, Illinois 60604. Phone: 312/886-
7450.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (RCRA or the Act), 42 U.S.C.
6929(b), have a continuing obligation to maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal hazardous waste program. In addition, as an interim
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter HSWA) allows States to revise their
programs to become substantially equivalent instead of equivalent to
RCRA requirements promulgated under HSWA authority. States exercising
the latter option receive interim authorization for the HSWA
requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
In accordance with 40 CFR 271.21, revisions to State hazardous
waste programs are necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, State program revisions are necessitated by changes to
EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273 and 279.
B. Indiana
Indiana initially received final authorization for its program
effective January 31, 1986. (51 FR 3955, January 30, 1986). Indiana
received authorization for revisions to its program effective on
December 31, 1986 (51 FR 39752, October 31, 1986), January 19, 1988 (53
FR 128, January 5, 1988), September 11, 1989 (54 FR 29557, July 13,
1989), September 23, 1991 (56 FR 33717, July 23, 1991), September 23,
1991 (56 FR 33866, July 24, 1991), September 27, 1991 (56 FR 35831,
July 29, 1991), and September 30, 1991 (56 FR 36010, July 30, 1991). On
June 10, 1996, Indiana submitted a program revision application for
additional program approvals. Today, Indiana is seeking approval of its
program revision in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Indiana's application, and has made an immediate
final decision that Indiana's hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Indiana. The public may submit
written comments on EPA's immediate final decision up until September
19, 1996. Copies of Indiana's application for program revision are
available for inspection and copying at the locations indicated in the
Addresses section of this notice.
Approval of Indiana's program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received, EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
On October 21, 1996, Indiana will be authorized to carry out, in
lieu of the Federal program, those provisions of the State's program
which are analogous to the following provisions of the Federal program:
[[Page 43019]]
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Federal requirement Analogous State authority
------------------------------------------------------------------------
Dioxin Listing and Management Rules 329 IAC 3.1-6-1; 3.1-6-2;
Standards; January 14, 1985 (CL 14), 3.1-9-1; 3.1-9-2; 3.1-9-3; 3.1-
50 FR 01978-2006.1 10-1; 3.1-10-2; 3.1-13-1; 3.1-
13-2. Effective December 17,
1989.
Paint Filter Test; April 30, 1985 (CL Rules 329 IAC 3.1-9-1; 3.1-9-2;
16), 50 FR 18370-18375.1 3.1-10-1; 3.1-10-2. Effective
December 17, 1989.
HSWA Codification Rule--Small Quantity Rules 329 IAC 3.1-6-1; 3.1-6-2.
Generators; July 15, 1985 (CL 17A), 50 Effective December 17, 1989.
FR 28702-28755.1
HSWA Codification Rule--Household Rules 329 IAC 3.1-6-1; 3.1-6-2.
Waste; July 15, 1985 (CL 17C), 50 FR Effective December 17, 1989.
28702-28755.1
HSWA Codification Rule--Waste Rules 329 IAC 3.1-7-1; 3.1-7-2;
Minimization; July 15, 1985 (CL 17D), 3.1-7-14; 3.1-9-1; 3.1-13-1.
50 FR 28702-28755.1 Effective December 17, 1989.
HSWA Codification Rule--Location Rule 329 IAC 3.1-10-1.
Standards for Salt Domes, Salt Beds, Effective December 17, 1989.
Mines and Caves; July 15, 1985 (CL
17E), 50 FR 28702-28755.1
HSWA Codification Rule--Liquids in Rules 329 IAC 3.1-9-1; 3.1-10-
Landfills; July 15, 1985 (CL 17F), 50 1; 3.1-10-2; 3.1-13-1.
FR 28702-28755.1 Effective December 17, 1989.
HSWA Codification Rule--Dust Rule 329 IAC 3.1-11-1.
Suppression; July 15, 1985 (CL 17G), Effective December 17, 1989.
50 FR 28702-28755.1
HSWA Codification Rule--Double Liners; Rules 329 IAC 3.1-9-1; 3.1-9-2;
July 15, 1985 (CL 17H), 50 FR 28702- 3.1-10-1; 3.1-10-2. Effective
28755.1 December 17, 1989.
HSWA Codification Rule--Ground Water Rule 329 IAC 3.1-9-1. Effective
Monitoring; July 15, 1985 (CL 17I), 50 December 17, 1989.
FR 28702-28755.1
HSWA Codification Rule--Cement Kilns; Rules 329 IAC 3.1-6-1; 3.1-6-2;
July 15, 1985 (CL 17J), 50 FR 28702- 3.1-11-1. Effective December
28755.1 17, 1989.
HSWA Codification Rule--Fuel Labeling; Rule 329 IAC 329 IAC 3.1-11-1.
July 15, 1985 (CL 17K), 50 FR 28702- Effective December 17, 1989.
28755.1
HSWA Codification Rule--Corrective Rule 329 IAC 3.1-9-1. Effective
Action; July 15, 1985 (CL 17L), 50 FR December 17,1989.
28702-28755.\1\
HSWA Codification Rule--Pre- Rule 329 IAC 3.1-13-3.
Construction Ban; July 15, 1985 (CL Effective December 17, 1989.
17M), 50 FR 28702-28755.\1\
HSWA Codification Rule--Permit Life; Rules 329 IAC 3.1-13-1; 3.1-13-
July 15, 1985 (CL 17N), 50 FR 28702- 2; 3.1-13-15. Effective
28755.\1\ December 17, 1989.
HSWA Codification Rule--Omnibus Rule 329 IAC 3.1-13-1.
Provision; July 15, 1985 (CL 17O), 50 Effective December 17, 1989.
FR 28702-28755.\1\
HSWA Codification Rule--Interim Status; Rules 329 IAC 3.1-13-1; 3.1-13-
July 15, 1985 (CL 17P), 50 FR 28702- 2. Effective December 17,
28755.\1\ 1989.
HSWA Codification Rule--Research and Rules 329 IAC 3.1-13-1; 3.1-13-
Development Permits; July 15, 1985 (CL 2. Effective December 17,
17Q), 50 FR 28702-28755.\1\ 1989.
HSWA Codification Rule--Hazardous Waste Rules 329 IAC 3.1-13-2; 3.1-13-
Exports; July 15, 1985 (CL 17R), 50 FR 15. Effective December 17,
28702-28755.\1\ 1989.
HSWA Codification Rule--Exposure Rules 329 IAC 3.1-13-2; 3.1-13-
Information;July 15, 1985 (CL 17S), 50 3. Effective December 17,
FR 28702-28755.\1\ 1989.
Listing of TDI, TDA, and DNT Wastes; Rules 329 IAC 3.1-6-1; 3.1-6-2.
July 15, 1985 (CL 18), 50 FR 28702- Effective February 24, 1992.
28755.\1\
Burning of Waste Fuel and Used Oil Fuel Rules 329 IAC 3.1-6-1; 3.1-6-2;
in Boilers and Industrial Furnaces; 3.1-9-1; 3.1-10-1; 3.1-11-1.
November 29, 1985 (CL 19), 50 FR 49164- Effective February 24, 1992.
49211;\1\ as amended April 13, 1987
(CL 19.1), 52 FR 11819-11822.\1\
Listing of Spent Solvents; December 31, Rules 329 IAC 3.1-6-1; 3.1-6-2.
1985 (CL 20), 50 FR 53315-53320; \1\ Effective February 24, 1992.
as amended January 21, 1986, 51 FR
02702 \1\ (CL 20.1)
Listing of EDB Wastes; February 13, Rules 329 IAC 3.1-6-1; 3.1-6-2.
1986 (CL 21), 51 FR 5327-5331.\1\ Effective February 24, 1992.
Listing of Four Spent Solvents; Rules 329 IAC 3.1-6-1; 3.1-6-2.
February 25, 1986 (CL 22), 51 FR 6537- Effective February 24, 1992.
6542.\1\
Generators of 100 to 1000 Kilograms of Rules 329 IAC 3.1-4-1; 3.1-6-1;
Hazardous Waste; March 24, 1986 (CL 3.1-6-2; 3.1-7-1; 3.1-7-2; 3.1-
23), 51 FR 10146-10176.\1\ 7-3; 3.1-7-7; 3.1-7-8; 3.1-7-
9; 3.1-7-10; 3.1-7-11; 3.1-7-
12; 3.1-7-13; 3.1-8-1; 3.1-8-
2; 3.1-13-2. Effective
February 24, 1992.
Codification Rule, Technical Rule 329 IAC 3.1-10-1.
Correction; May 28, 1986 (CL 25), 51 Effective February 24, 1992.
FR 19176-19177.\1\
Correction to Listing of Commercial Rules 329 IAC 3.1-6-1; 3.1-6-2.
Chemical Products and Appendix VIII, Effective February 24, 1992.
Constituents; August 6, 1986 (CL 29),
51 FR 28296-28310.
Biennial Report Correction; August 8, Rules 329 IAC 3.1-9-1; 3.1-9-2;
1986 (CL 30), 51 FR 28556.\1\ 3.1-10-1; 3.1-10-2. Effective
February 24, 1992.
Exports of Hazardous Waste; August 8, Rules 329 IAC 3.1-6-1; 3.1-6-2;
1986 (CL 31), 51 FR 28664-28686.1 3.1-7-1; 3.1-7-14; 3.1-7-16;
3.1-8-1. Effective February
24, 1992.
Standards for Generators--Waste Rules 329 IAC 3.1-7-7; 3.1-7-8;
Minimization Certifications; October 3.1-7-9; 3.1-7-10; 3.1-7-11;
1, 1986 (CL 32), 51 FR 35190-35194.1 3.1-7-12; 3.1-7-13. Effective
December 17, 1989.
Listing of EDBC; October 24, 1986 (CL Rules 329 IAC 3.1-6-1; 3.1-6-2.
33), 51 FR 37725-37729.1 Effective February 24, 1992.
Land Disposal Restrictions; November 7, Rules 329 IAC 3.1-1-1; 3.1-1-2;
1986 (CL 34), 51 FR 40572-40654; 1 as 3.1-2-1; 3.1-3-1; 3.1-4-1; 3.1-
amended June 4, 1987 (CL 34.1), 52 FR 5-1; 3.1-5-2; 3.1-6-1; 3.1-6-
21010-21018.1 2; 3.1-7-1; 3.1-8-1; 3.1-9-1;
3.1-10-1; 3.1-10-2; 3.1-12-1;
3.1-12-2; 3.1-13-1. Effective
February 24, 1992.
Definition of Solid Waste; Technical Rules 329 IAC 3.1-6-1; 3.1-6-2;
Corrections; June 5, 1987 (CL 37), 52 3.1-11-1. Effective February
FR 21306-21307. 24, 1992.
Amendments to Part B Information Rule 329 IAC 3.1-13-1.
Requirements for Land Disposal Effective February 24, 1992.
Facilities; June 22, 1987 (CL 38), 52
FR 23447-23450; as amended September
9, 1987, 52 FR 33936 (CL 38.1).
[[Page 43020]]
California List Waste Restrictions; Rule 329 IAC 3.1-4-1; 3.1-7-1;
July 8, 1987 (CL 39), 52 FR 25760- 3.1-9-1; 3.1-10-1; 3.1-12-1;
25792; 1 as amended October 27, 1987, 3.1-12-2; 3.1-13-1. Effective
52 FR 41295-41296 1 (CL 39.1). February 24, 1992.
List (Phase 1) of Hazardous Rules 329 IAC 3.1-9-1; 3.1-13-
Constituents for Ground-Water 1. Effective December 17,
Monitoring; July 9, 1987 (CL 40), 52 1989.
FR 25942-25953.
Identification and Listing of Hazardous Rules 329 IAC 3.1-6-1; 3.1-6-2.
Waste; July 10, 1987 (CL 41), 52 FR Effective February 24, 1992.
26012.
Listing of Spent Pickle Liquor Rules 329 IAC 3.1-6-1; 3.1-6-2.
Correction 2; August 3, 1987 (CL Effective December 17, 1989.
26.2), 52 FR 28697.
Exception Reporting for Small Quantity Rules 329 IAC 3.1-7-1; 3.1-7-2.
Generators of Hazardous Waste; Effective February 24, 1992.
September 23, 1987 (CL 42), 52 FR
35894-35899.\1\
Liability Requirements for Hazardous Rules 329 IAC 3.1-14-9; 3.1-14-
Waste Facilities; Corporate Guarantee; 24; 3.1-14-34; 3.1-15-8; 3.1-
November 18, 1987 (CL 43), 52 FR 44314- 15-10. Effective February 24,
44321. 1992.
HSWA Codification Rule 2--Permit Rule 329 IAC 3.1-13-1.
Application Requirements Regarding Effective February 24, 1992.
Corrective Action; December 1, 1987
(CL 44A), 52 FR 45788-45799.\1\
HSWA Codification Rule 2--Corrective Rule 329 IAC 3.1-9-1. Effective
Action Beyond the Facility Boundary; February 24, 1992.
December 1, 1987 (CL 44B), 52 FR 45788-
45799.\1\
HSWA Codification Rule 2--Permit Rule 329 IAC 3.1-13-1.
Modification; December 1, 1987 (CL Effective February 24, 1992.
44D), 52 FR 45788-45799.\1\
HSWA Codification Rule 2--Permit as a Rule 329 IAC 3.1-13-1.
Shield Provision; December 1, 1987 (CL Effective February 24, 1992.
44E), 52 FR 45788-45799.\1\
HSWA Codification Rule 2--Permit Rules 329 IAC 3.1-13-2; 3.1-13-
Conditions to Protect Human Health and 3. Effective February 24,
the Environment; December 1, 1987 (CL 1992.
44F), 52 FR 45788-45799.\1\
HSWA Codification Rule 2--Post-Closure Rules 329 IAC 3.1-13-1; 3.1-13-
Permits; December 1, 1987 (CL 44G) 52 2. Effective February 24,
FR 45788-45799.\1\ 1992.
Closure, Post-Closure Financial Rules 329 IAC 3.1-4-1; 3.1-9-1;
Responsibility Requirements-- 3.1-10-1; 3.1-10-2; 3.1-13-1;
Correction 1; March 10, 1988 (CL 3.1-14-1; 3.1-14-2; 3.1-14-3;
24.1), 53 FR 07740; as amended June 3.1-14-5; 3.1-14-6; 3.1-14-7;
26, 1990, 55 FR 25976 (CL 24.0A). 3.1-14-8; 3.1-14-9; 3.1-14-12;
3.1-14-13; 3.1-14-15; 3.1-14-
16; 3.1-14-17; 3.1-14-18; 3.1-
14-19; 3.1-15-6; 3.1-14-24;
3.1-15-8; 3.1-15-10. Effective
February 24, 1992.
Technical Corrections; Identification Rules 329 IAC 3.1-6-1; 3.1-6-2.
and Listing of Hazardous Waste; April Effective February 24, 1992.
22, 1988 (CL 46), 53 FR 13382-13393.
Identification and Listing of Rules 329 IAC 3.1-6-1; 3.1-6-2.
Hazardous, Waste; Technical Effective February 24, 1992.
Correction; July 19, 1988 (CL 47), 53
FR 27162-27163.\1\
Farmer Exemptions; Technical Rules 329 IAC 3.1-7-1; 3.1-9-1;
Corrections (CL 48); July 19, 1988, 53 3.1-10-1; 3.1-10-2; 3.1-12-1;
FR 27164-27165.\1\ 3.1-12-2; 3.1-13-1; 3.1-13-2.
Effective February 24, 1992.
Identification and Listing of Hazardous Rules 329 IAC 3.1-4-1; 3.1-6-1;
Waste; Treatibility Studies Sample 3.1-6-2 Effective February 24,
Exemption; July 19, 1988 (CL 49), 53 1992
FR 27290-27302.
Land Disposal Restrictions for First Rules 329 IAC 3.1-9-1; 3.1-10-
Third Scheduled Wastes; August 17, 1; 3.1-11-1; 3.1-12-1; 3.1-12-
1988 (CL 50), 53 FR 31138-31222 \1\; 2. Effective February 24,
as amended February 27, 1989, 54 FR 1992.
8264-8266 \1\ (CL 50.1).
Hazardous Waste Management System; Rules 329 IAC 3.1-4-1; 3.1-9-1;
Standards for Hazardous Waste Storage 3.1-10-1; 3.1-13-1. Effective
and Treatment Tank Systems; September February 24, 1992.
2, 1988 (CL 52), 53 FR 34079-34087.\1\
Identification and Listing of Hazardous Rules 329 IAC 3.1-6-1; 3.1-6-2.
Waste; and Designation, Reportable Effective February 24, 1992.
Quantities, and Notification;
September 13, 1988 (CL 53), 53 FR
35412-35421.
Permit Modifications for Hazardous Rules 329 IAC 3.1-9-1;3.1-10-1;
Waste Management Facilities; September 3.1-10-2; 3.1-13-1; 3.1-13-7.
28, 1988 (CL 54), 53 FR 37912-37942; Effective February 24, 1992.
as amended October 24, 1988, 53 FR
41649 (CL 54.1).
Statistical Methods for Evaluating Rule 329 IAC 3.1-9-1.Effective
Ground Water Monitoring Data from February 24, 1992.
Hazardous Waste Facilities; October
11, 1988 (CL 55), 53 FR 39720-39731.
Identification and Listing of Hazardous Rules 329 IAC 3.1-6-1; 3.1-6-2.
Waste; Removal of Iron Dextran from Effective February 24, 1992.
the List of Hazardous Wastes; October
31, 1988 (CL 56), 53 FR 43878-43881.
Identification and Listing of Hazardous Rules 329 IAC 3.1-6-1; 3.1-6-2.
Waste; Removal of Strontium Sulfide Effective February 24, 1992.
from the List of Hazardous Wastes;
October 31, 1988 (CL 57), 53 FR 43881-
43884.
Standards for Generators of Hazardous Rules 329 IAC 3.1-7-3; 3.1-7-7;
Waste; November 8, 1988 (CL 58), 53 FR 3.1-7-8; 3.1-7-9; 3.1-7-10;
45089-45093. 3.1-7-11; 3.1-7-12; 3.1-7-13.
Effective February 24, 1992.
Amendment to Requirements for Hazardous Rule 329 IAC 3.1-13-1.
Waste Incinerator Permits; January 30, Effective February 24, 1992.
1989 (CL 60), 54 FR 4286-4288.
Changes to Interim Status Facilities Rules 329 IAC 3.1-13-1; 3.1-3-
for Hazardous Waste Management 2; 3.1-13-3. Effective
Permits; Procedures for Post-Closure February 24, 1992.
Permitting; March 7, 1989 (CL 61), 54
FR 9596-9609.
Land Disposal Restrictions--Amendments Rule 329 IAC 3.1-12-1.
to First Third Scheduled Wastes; May Effective February 24, 1992.
2, 1989 (CL 62), 54 FR 18836-18838.\1\
Land Disposal Restrictions for Second Rules 329 IAC 3.1-12-1; 3.1-12-
Third Scheduled Wastes; June 23, 1989 2. Effective February 24,
(CL 63), 54 FR 26594-26652 \1\ 1992.
Delay of Closure Period for Hazardous Rules 329 IAC 3.1-9-1; 3.1-10-
Waste Management Facilities; August 1; 3.1-10-2; 3.1-13-1.
14, 1989 (CL 64), 54 FR 33376-33398. Effective February 24, 1992.
[[Page 43021]]
Mining Waste Exclusion I; September 1, Rules 329 IAC 3.1-6-1; 3.1-6-2.
1989 (CL 65), 54 FR 36592-36642. Effective February 24, 1992.
Land Disposal Restrictions; Correction Rules 329 IAC 3.1-11-1; 3.1-12-
to the First Third Scheduled Wastes; 1; 3.1-12-2. Effective
September 6, 1989 (CL 66), 54 FR 36967 February 24, 1992.
\1\; as amended June 13, 1990 (CL
66.1), 55 FR 23935.\1\
Testing and Monitoring Activities; Rules 329 IAC 3.1-4-1; 3.1-6-1;
September 29, 1989 (CL 67), 54 FR 3.1-6-2. Effective February
40260-40269. 24, 1992.
Reportable Quantity Adjustment--Methyl Rules 329 IAC 3.1-6-1; 3.1-6-2.
Bromide Production Wastes; October 6, Effective February 24, 1992.
1989 (CL 68), 54 FR 41402-41408.\1\
Reportable Quantity Adjustment; Rules 329 IAC 3.1-6-1; 3.1-6-2.
December 11, 1989 (CL 69), 54 FR 50968- Effective February 24, 1992.
50979.\1\
Changes to Part 124 Not Accounted for Rules 329 IAC 3.1-13-6; 3.1-13-
by Present Checklists; April 1, 1983 7; 3.1-13-8; 3.1-13-10; 3.1-13-
(CL 70), 48 FR 14146-14295; June 30, 12. Effective February 24,
1983, 48 FR 30113-30115; July 26, 1992.
1988, 53 FR 28118-28157; September 26,
1988, 53 FR 37396-37414; January 4,
1989, 54 FR 246-258.
Mining Waste Exclusion II; January 23, Rules 329 IAC 3.1-4-1; 3.1-6-1;
1990 (CL 71), 55 FR 2322-2354. 3.1-6-2; 3.1-7-6. Effective
February 24, 1992.
Modifications of F019 Listing; February Rules 329 IAC 3.1-6-1; 3.1-6-2.
14, 1990 (CL 72), 55 FR 05340. Effective February 24, 1992.
Testing and Monitoring Activities; Rules 329 IAC 3.1-4-1; 3.1-6-1;
Technical Corrections; March 9, 1990 3.1-6-2. Effective February
(CL 73), 55 FR 8948-8950. 24, 1992.
Toxicity Characteristic Revisions; Rules 329 IAC 3.1-6-1; 3.1-6-2;
March 29, 1990 (CL 74), 55 FR 11798- 3.1-9-1; 3.1-10-1; 3.1-12-1.
11877 \1\ as amended June 29, 1990, 55 Effective February 24, 1992.
FR 26986-26998 \1\ (CL 74.1).
Listing of 1,1-Dimethylhydrazine Rules 329 IAC 3.1-6-1; 3.1-6-2.
Production Wastes; May 2, 1990 (CL Effective February 24, 1992.
75), 55 FR 18496-18506.\1\
Criteria for Listing Toxic Wastes; Rules 329 IAC 3.1-6-1; 3.1-6-2.
Technical Amendment; May 4, 1990 (CL Effective February 24, 1992.
76), 55 FR 18726.
HSWA Codification Rule, Double Liners; Rule 329 IAC 3.1-9-1. Effective
Correction; May 9, 1990 (CL 77), 55 FR February 24, 1992.
19262-19264.\1\
Land Disposal Restrictions for Third Rules 329 IAC 3.1-6-1; 3.1-6-2;
Third Scheduled Wastes; June 1, 1990 3.1-7-1; 3.1-9-1; 3.1-10-1;
(CL 78), 55 FR 22520-22720.\1\ 3.1-10-2; 3.1-12-1; 3.1-12-2;
3.1-13-1. Effective February
24, 1992.
Organic Air Emmissions Standards for Rules 329 IAC 3.1-4-1; 3.1-6-1;
Process Vents and Equipment Leaks; 3.1-6-2; 3.1-9-1; 3.1-10-1;
June 21, 1990 (CL 79), 55 FR 25454- 3.1-13-1. Effective February
25519.\1\ 24, 1992.
Toxicity Characteristic; Hydrocarbon Rules 329 IAC 3.1-6-1; 3.1-6-2.
Recovery Operations; October 5, 1990 Effective February 24, 1992.
(CL 80), 55 FR 40834-40837 \1\; as
amended February 1, 1991, 56 FR 3978
\1\ (CL 80.1); as amended April 2,
1991, 56 FR 13406-13411 \1\ (CL 80.2).
Petroleum Refinery Primary and Rules 329 IAC 3.1-6-1; 3.1-6-2.
Secondary Oil/Water/Solids Separation Effective November 22, 1992.
Sludge Listings (F037 and F038);
November 2, 1990 (CL 81), 55 FR 46354-
46397 \1\; as amended December 17,
1990, 55 FR 51707 \1\ (CL 81.1).
Wood Preserving Listings; December 6, Rules 329 IAC 3.1-4-1; 3.1-6-1;
1990 (CL 82), 55 FR 50450-50490.\1\ 3.1-6-2; 3.1-7-1; 3.1-9-1; 3.1-
9-3; 3.1-10-1; 3.1-13-1.
Effective November 22, 1992.
Land Disposal Restrictions for Third Rules 329 IAC 3.1-6-1; 3.1-6-2;
Third Scheduled Wastes; Technical 3.1-7-1; 3.1-12-1; 3.1-12-2;
Amendments (CL 83); January 31, 1991, 3.1-13-1. Effective February
56 FR 3864-3928.\1\ 24, 1992.
Toxicity Characteristic; Rules 329 IAC 3.1-6-1; 3.1-6-2.
Chlorofluorocarbon Refrigerants; Effective February 24, 1992.
February 13, 1991 (CL 84), 56 FR 5910-
5915.\1\
Removal of Strontium Sulfide from the Rules 329 IAC 3.1-6-1; 3.1-6-2.
List of Hazardous Wastes; Technical Effective February 24, 1992.
Amendment; February 25, 1991 (CL 86),
56 FR 7567-7568.
Organic Air Emission Standards for Rules 329 IAC 3.1-9-1; 3.1-10-
Process Vents and Equipment Leaks; 1; 3.1-13-1. Effective
Technical Amendment; April 26, 1991 February 24, 1992.
(CL 87), 56 FR 19290.\1\
Administrative Stay for K069 Listing; Rules 329 IAC 3.1-6-1; 3.1-6-2.
May 1, 1991 (CL 88), 56 FR 19951. Effective February 24, 1992.
Revision to F037 and F038 Listings; May Rules 329 IAC 3.1-6-1; 3.1-6-2.
13, 1991 (CL 89), 56 FR 21955- Effective February 24, 1992.
21960.\1\
Mining Waste Exclusion III; June 13, Rules 329 IAC 3.1-6-1; 3.1-6-2.
1991 (CL 90), 56 FR 27300-27330. Effective February 24, 1992.
Administrative Stay for F032, F034, and Rules 329 IAC 3.1-6-1; 3.1-6-2;
F035 Listings; June 13, 1991 (CL 91), 3.1-9-1; 3.1-10-1. Effective
56 FR 27332-27336.\1\ February 24, 1992.
Wood Preserving Listings; Technical Rules 329 IAC 3.1-6-1; 3.1-6-2;
Corrections; July 1, 1991 (CL 92), 56 3.1-7-1; 3.1-9-1; 3.1-10-1;
FR 30192-30198.\1\ 3.1-13-1. Effective November
22, 1992.
Land Disposal Restrictions for Electric Rules 329 IAC 3.1-6-1; 3.1-6-2;
Arc Furnace Dust (K061); August 19, 3.1-12-1; 3.1-12-2. Effective
1991 (CL 95), 56 FR 41164-41178.\1\ February 24, 1992.
Exports of Hazardous Waste; Technical Rule 329 IAC 3.1-7-16.
Correction; September 4, 1991 (CL 97), Effective February 24, 1992.
56 FR 47304.\1\
Amendments to Interim Status Standards Rules 329 IAC 3.1-4-1; 3.1-10-
for Downgradient Ground-Water 1; 3.1-10-2. Effective
Monitoring Well Locations; December February 24, 1992.
23, 1991 (CL 99), 56 FR 66365-66369.
Liners and Leak Detection Systems for Rules 329 IAC 3.1-4-1; 3.1-9-1;
Hazardous Waste Disposal Systems; 3.1-9-2; 3.1-10-1; 3.1-13-1.
January 29, 1992 (CL 100), 57 FR 03462- Effective November 22, 1992.
03497.\1\
Second Correction to the Third Third Rules 329 IAC 3.1-9-1; 3.1-10-
Land Disposal Restrictions; March 6, 1; 3.1-12-1; 3.1-12-2.
1992 (CL 102), 57 FR 8086-8089.\1\ Effective November 22, 1992.
[[Page 43022]]
Hazardous Debris Case by Case Capacity Rule 329 IAC 3.1-12-1.
Variance; May 15, 1992 (CL 103), 57 FR Effective November 22, 1992.
20766-20770.\1\
Used Oil Filter Exclusion; May 20, 1992 Rules 329 IAC 3.1-6-1; 3.1-6-2.
(CL 104), 57 FR 21524-21534.\1\ Effective November 30, 1992.
Recycled Coke By Product Exclusion; Rules 329 IAC 3.1-6-1; 3.1-6-2;
June 22, 1992 (CL 105), 57 FR 27880- 3.1-11-1. Effective November
27888.\1\ 30, 1992.
Lead Bearing Hazardous Materials Case Rules 329 IAC 3.1-12-1.
by Case Capacity Variance; June 26, Effective November 30, 1992.
1992 (CL 106), 57 FR 28628-28632.\1\
------------------------------------------------------------------------
\1\ Indicates HSWA Provision.
CL=Checklist.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits, that contain conditions based upon the Federal program
provisions for which the State is applying for authorization, and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization. EPA has previously suspended issuance of permits for the
other provisions on January 31, 1986, January 5, 1988, July 13, 1989,
July 29, 1991, and July 30, 1991, the effective dates of Indiana's
final authorizations for the RCRA base program and for the subsequent
program revisions, respectively.
This authorization includes authorization for Indiana to impose
certain land disposal prohibitions. Under 40 CFR 268.6, EPA may grant
petitions of specific duration to allow land disposal of certain
hazardous wastes provided certain criteria are met. States that have
authority to impose land disposal prohibitions may ultimately be
authorized under RCRA Section 3006 to grant petitions for such
exemptions. However, EPA is currently requiring that these petitions be
handled at EPA Headquarters. It should be noted that Indiana has its
own procedures for petition submission and approval to allow land
disposal of a prohibited waste. Therefore, the petitioner must satisfy
both Federal and Indiana requirements, and be granted approval by both
EPA and the State.
Indiana is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA unless provided otherwise in a
future statute or regulation.
C. Decision
I conclude that Indiana's application for program revisions meets
all of the statutory and regulatory requirements established by RCRA,
and its amendments. Accordingly, Indiana is granted final authorization
to operate its hazardous waste program as revised. Indiana now has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of the HSWA. Indiana also has primary enforcement
responsibilities, although EPA retains the right to conduct inspections
under Section 3007 of RCRA and to take enforcement actions under
Sections 3008, 3013, and 7003 of RCRA.
D. Incorporation by Reference
EPA incorporates by reference, authorized State programs in 40 CFR
Part 272, to provide notice to the public of the scope of the
authorized program in each State. Incorporation by reference of the
Indiana program will be completed at a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements. EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. EPA does not
anticipate that the approval of Indiana's hazardous waste program
referenced in today's notice will result in annual costs of $100
million or more. EPA's approval of State programs generally have a
deregulatory effect on the private sector because once it is determined
that a State hazardous waste program meets the requirements of RCRA
section 3006(b) and the regulations promulgated thereunder at 40 CFR
Part 271, owners and operators of hazardous waste treatment, storage,
or disposal facilities (TSDFs) may take advantage of the flexibility
that an approved State may exercise. Such flexibility will reduce, not
increase, compliance costs for the private sector. Thus, today's rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. The
Agency recognizes that small governments may own and/or operate TSDFs
that will become subject to the requirements of an approved State
[[Page 43023]]
hazardous waste program. However, such small governments which own and/
or operate TSDFs are already subject to the requirements in 40 CFR
Parts 264, 265 and 270. Once EPA authorizes a State to administer its
own hazardous waste program and any revisions to that program, these
same small governments will be able to own and operate their TSDFs with
increased levels of flexibility provided under the approved State
program.
Certification Under the Regulatory Flexibility Act
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
EPA recognizes that small entities may own and/or operate TSDFs that
will become subject to the requirements of an approved state hazardous
waste program. However, since such small entities which own and/or
operate TSDFs are already subject to the requirements in 40 CFR Parts
264, 265 and 270, this authorization does not impose any additional
burdens on these small entities. This is because EPA's authorization
would result in an administrative change (i.e., whether EPA or the
state administers the RCRA Subtitle C program in that state), rather
than result in a change in the substantive requirements imposed on
small entities. Once EPA authorizes a state to administer its own
hazardous waste program and any revisions to that program, these same
small entities will be able to own and operate their TSDFs under the
approved state program, in lieu of the federal program. Moreover, this
authorization, in approving a state program to operate in lieu of the
federal program, eliminates duplicative requirements for owners and
operators of TSDFs in that particular state.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this authorization will not have a significant
economic impact on a substantial number of small entities. This
authorization effectively approves the Indiana program to operate in
lieu of the federal program, thereby eliminating duplicative
requirements for handlers of hazardous waste in the state. It does not
impose any new burdens on small entities. This rule, therefore, does
not require a regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. section 804(2).
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice 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: July 29, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-21173 Filed 8-19-96; 8:45 am]
BILLING CODE 6560-50-P
