[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47692-47696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22448]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6430-4]
Indiana: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Indiana has applied for final authorization of the revision to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The revision basically covers regulatory changes
that appeared in the Federal Register between July 1, 1992 and June 30,
1995, in addition, the revision includes Miscellaneous Units, and all
minor rules appearing in the Federal Register between July 1, 1995 and
June 30, 1997. The EPA has reviewed Indiana's application and
determined that its hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. EPA is
authorizing the state program revision through this immediate final
action. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and does not anticipate
adverse comments. However, in the proposed rules section of this
Federal Register, EPA is publishing a separate document that will serve
as a proposal to authorize the revision should the Agency receive
adverse comment. Unless EPA receives adverse written comments during
the review and comment period, the decision to authorize Indiana's
hazardous waste program revision will take effect as provided below.
DATES: This final authorization for Indiana will become effective
without further notice on November 30, 1999, unless EPA receives
adverse comment by October 1, 1999. Should EPA receive such comments it
will publish a timely withdrawal informing the public that the rule
will not take effect.
ADDRESSES: Send written comments referring to Docket Number Indiana ARA
14, to Gary Westefer, Indiana Regulatory Specialist, U.S. EPA Region 5,
DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-
7450. Copies of the Indiana program revision application and the
materials which EPA used in evaluating the revision are available for
inspection and copying from 9:00 am to 4:00 pm at the following
addresses: Indiana Department of Environmental Management, 100 North
Senate, Indianapolis, Indiana, contact Lynn West, (317) 232-3593, and
EPA Region 5, contact Gary Westefer at the following address.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Indiana Regulatory
Specialist, U.S. EPA Region 5, DM-7J, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the RCRA,
42 U.S.C. 6926(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. As the Federal
hazardous waste program changes, the States must revise their programs
and apply for authorization of the revisions. Revisions to State
hazardous waste programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must revise 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. Indiana
Indiana initially received Final Authorization on January 31, 1986,
effective January 31, 1986 (51 FR 3955) to implement its base hazardous
waste management program. Indiana received authorization for revisions
to its program on October 31, 1986 (51 FR 39752) effective December 31,
1986, on January 5, 1988 (53 FR 128), effective January 19, 1988, on
July 13, 1989 (54 FR29557), effective September 11, 1989, on July 23,
1991 (56 FR 33717), effective September 23, 1991, on July 24, 1991 (56
FR 33866), effective September 23, 1991, on July 29, 1991 (56 FR
35831), effective September 27, 1991, on July 30, 1991 (56 FR 36010),
effective September 30, 1991, on August 20, 1996 (61 FR 43008),
effective October 21, 1996, and on August 20, 1996 (61 FR 43018),
effective October 21, 1996.
EPA uses 40 CFR part 272 for codification of the decision to
authorize Indiana's program and for incorporation by reference of those
provisions of its statutes and regulations that EPA will enforce under
sections 3008, 3013 and 7003 of RCRA. The authorized Indiana RCRA
program was incorporated by reference into the CFR on August 23, 1989
(54 FR 34988) effective October 23, 1989. An update to this
incorporation by reference is in process and will appear in 40 CFR part
272, subpart P at a later date.
On May 1, 1997, February 18, 1998 and June 22, 1999, Indiana
submitted final complete program revision applications, seeking
authorization of its program revision in accordance with 40 CFR 271.21.
The EPA reviewed Indiana's applications, and now makes an immediate
final decision, subject to receipt of adverse written comment, that
Indiana's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final Authorization.
Consequently, EPA intends to grant Indiana Final Authorization for the
program modifications contained in the revision.
Indiana is applying for authorization for changes and additions to
the Federal RCRA implementing regulations that were promulgated between
December 10, 1987 and June 30, 1997, as listed below:
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Federal Register date and
Description of federal requirement page [and/or RCRA statutory Analogous state authority \1\
authority]
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Miscellaneous Units/ December 10, 1987, 52 FR 329 IAC 3.1-4-1, 3.1-9-1, 3.1-13-1
Checklist 45. 46496. effective February 24, 1992.
[[Page 47693]]
Hazardous Waste Miscellaneous Units January 9, 1989, 54 FR 615... 329 IAC 3.1-13-1, 3.1-13-2(8),(9)
(Clarification and Correction)/ effective February 24, 1992.
Checklist 59.
Used Oil Filter Exclusion; Technical July 1, 1992, 57 FR 29220.... 329 IAC 3.1-6-1, 3.1-6-2(6) effective
Correction/Checklist 107. March 5, 1997.
Toxicity Characteristics Revision/ July 7, 1992, 57 FR 30657.... 329 IAC 3.1-6-1, 3.1-6-2(6), 3.1-10-1,
Checklist 108. 3.1-10-2(18),(19) effective August 17,
1996.
Land Disposal Restrictions for Newly August 18, 1992, 57 FR 37194. 329 IAC 3.1-4-1, 3.1-6-1, 3.1-7-1, 3.1-
Listed Wastes and Hazardous Debris/ 9-1, 3.1-9-2(8), 3.1-10-1, 3.1-10-2,
Checklist 109. 3.1-10-2(12), 3.1-10-2(13), 3.1-12-1,
3.1-12-2(1),(2),(3), 3.1-12-2(6), 3.1-
12-2(8),(9), 3.1-13-1, 3.1-13-
2(8),(9), 3.1-14, 3.1-15, 3.1-15-3
effective August 17, 1996.
Coke By-Product Listings/Checklist 110.. August 18, 1992, 57 FR 37284. 329 IAC 3.1-6-1, 3.1-6-2(6) effective
August 17, 1996.
Financial Responsibility for Third Party September 16, 1992, 57 FR 329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-10-1,
Liability, Closure and Post Closure/ 42832. 3.1-10-2(13), 3.1-14, 3.1-14-26
Checklist 113. through 3.1-14-40, 3.1-15, 3.1-15-4,
3.1-15-8, 3.1-15-9, 3.1-15-10
effective May 1, 1996.
Standards Applicable to Owners and September 1, 1988, 53 FR 329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-10-1,
Operators of Hazardous Waste treatment, 33938. 3.1-10-2(13), 3.1-14, 3.1-14-26
storage and Disposal Facilities; through 3.1-14-40, 3.1-15, 3.1-15-2,
Liability Coverage/Checklist 113.1. 3.1-15-8, 3.1-15-9, 3.1-15-10
effective May 1, 1996.
Liability Requirements; Technical July 1, 1991, 56 FR 30200.... 329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-10-1,
Amendment/Checklist 113.2. 3.1-10-2(13), 3.1-14, 3.1-15, 3.1-15-
8, 3.1-15-9, 3.1-15-10 effective May
1, 1996.
Chlorinated Toluene Production Waste October 15, 1992, 57 FR 47376 329 IAC 3.1-6-1 effective August 17,
Listing/Checklist 115. 1996.
Hazardous Soil Case-By-Case Capacity October 20, 1992, 57 FR 47772 329 IAC 3.1-12-1, 3.1-12-2(10)
Variance/Checklist 116. effective August 17, 1996.
Mixture and Derived-From Rules; Response March 3, 1992, 57 FR 7628.... 329 IAC 3.1-6-1 effective August 17,
to Court Remand/Checklist 117A. 1996.
Mixture and Derived-From Rules; June 1, 1992 57 FR 23062..... 329 IAC 3.1-6-1 effective August 17,
Technical Correction/Checklist 117A.1. 1996.
Mixture and Derived-From Rules; Final October 20, 1992 57 FR 49278. 329 IAC 3.1-6-1 effective August 17,
Rule/Checklist 117A.2. 1996.
Toxicity Characteristic Revision/ June 1, 1992 57 FR 23062..... 329 IAC. 3.1-6-1 effective August 17,
Checklist 117B. 1996.
Liquids in Landfills II/Checklist 118... November 18, 1992 57 FR 54452 329 IAC 3.1-4-1, 3.1-9-1, 3.1-10-1, 3.1-
10-2(20) effective August 17, 1996.
Toxicity Characteristic Revision; TCLP/ November 24, 1992 57 FR 55114 329 IAC 3.1-6-1 effective August 17,
Checklist 119 as amended/Checklist February 2, 1993 58 FR 6854.. 1996.
119.1.
Wood Preserving; Amendments to Listings December 24, 1992 57 FR 61492 329 IAC 3.1-6-1, 3.1-9-1, 3.1-10-1
and Technical Requirements/Checklist effective August 17, 1996.
120.
Corrective Action Management Units and February 16, 1993 58 FR 8658. 329 IAC 3.1-4-1, 3.1-9-1, 3.1-10-1, 3.1-
Temporary Units; Corrective Action 10-2(1),(2),(3), 3.1-12-1, 3.1-12-
Provisions Under Subtitle C/Checklist 2(6), 3.1-13-1 effective August 17,
121. 1996.
Land Disposal Restrictions; Renewal of May 14, 1993 58 FR 28506..... 329 IAC 3.1-12-1, 3.1-12-2(10)
the Hazardous Waste Debris Case-By-Case effective August 17, 1996.
Capacity Variance/Checklist 123.
Land Disposal Restrictions for Ignitable May 24, 1993 58 FR 29860..... 329 IAC 3.1-9-1, 3.1-9-2(1),(2), 3.1-10-
and Corrosive Characteristic Wastes 1, 3.1-10-2(1),(2),(3), 3.1-12-1, 3.1-
Whose Treatment Standards. Were Vacated/ 12-2(1),(2),(3),(4),(5),(6), 3.1-12-
Checklist 124. 2(8) effective August 17, 1996.
Testing and Monitoring Activities/ August 31, 1993 58 FR 46040.. 329 IAC 3.1-1-7, 3.1-5-2, 3.1-6-1. 3.1-
Checklist 126 as amended/Checklist September 19, 1994 59 FR 9-1, 3.1-10-1, 3.1-10-2(20), 3.1-12-1,
126.1. 47980. 3.1-13-1 effective August 17, 1996.
Hazardous Waste Management System; January 4, 1994 59 FR 458.... 329 IAC 3.1-1-7, 3.1-6-1 effective
Identification and Listing of Hazardous August 17, 1996.
Waste; Wastes from Wood Surface
Protection/Checklist 128.
Hazardous Waste Management System; March 24, 1994 59 FR 13891... 329 IAC 3.1-9-1, 3.1-10-1 effective
Identification and Listing of Hazardous August 17, 1996.
Waste, Treatability Studies Sample
Exclusion/Checklist 129.
Recordkeeping Instructions/Checklist 131 March 24, 1994 59 FR 13891... 329 IAC 3.1-9-1, 3.1-10-1 effective
August 17, 1996.
Hazardous Waste Management System; June 2, 1994 59 FR 28484..... 329 IAC 3.1-1-7 effective Augest 17,
Identification and Listing of Hazardous 1996.
Wastes; Wastes from Wood Surface
Protection; Correction/Checklist 132.
Standards Applicable to Owners and June 10, 1994 59 FR 29958.... 329 IAC 3.1-9-1, 3.1-9-2(8), 3.1-14-26
Operators of Hazardous Waste Treatment, through 3.1-14-40 effective May 1,
Storage, and Disposal Facilites, 1996.
Underground Storage Tanks, and
Underground Injection Control Systems;
Financial Assurance; Letter of Credit/
Checklist 133.
Hazardous Waste Management System; June 20, 1994 59 FR 31551.... 329 IAC 3.1-6-1, 3.1-12-1, 3.1-12-
Correction of Listing of P015-Beryllium 2(1),(2),(3) effective August 17,
Powder/Checklist 134. 1996.
[[Page 47694]]
Identification and Listing of Hazardous July 28, 1994 59 FR 38536.... 329 IAC 3.1-6-1, 3.1-6-2(4), 3.1-6-
Waste; Amendments to Definition of 2(6), 3.1-11-1 effective August 17,
Hazardous Waste/Checklist 135. 1996.
Standards for the Management of Specific August 24, 1994 59 FR 43496.. 329 IAC 3.1-11-1, 3.1-12-1 effective
Hazardous Wastes; Amendment to Subpart August 17, 1996.
C--Recyclable Materials Used in a
Manner Constituting Disposal; Final
Rule/Checklist 136.
Land Disposal Restrictions Phase II-- September 19, 1994 59 FR 329 IAC 3.1-5-4, 3.1-6-1, 3.1-6-2(2),
Universal Treatment Standards, and 47982. 3.1-9-1, 3.1-9-2(1),(2), 3.1-10-1, 3.1-
Treatment Standards for Organic January 3, 1995 60 FR 242.... 10-2(1),(2),(3), 3.1-11-1, 3.1-11-
Toxicity Characteristic Waste and Newly 2(1), 3.1-12-1, 3.1-12-2 (1 through
Listed Waste/Checklist 137 as amended/ 6), 3.1-12-2(8) effective August 17,
Checklist 137.1. 1996.
Hazardus Waste Management System; January 13, 1995 60 FR 3089.. 329 IAC 3.1-1-7 effective August 17,
Testing and Monitoring Activities/ 1996.
Checklist 139.
Hazardous Waste Management System; February 9, 1995 60 FR 7824.. 329 IAC 3.1-6-1 effective August 17,
Carbamate Production Identification and April 17, 1995 60 FR 19165... 1996.
Listing of Harzardous Waste; and CERCLA May 12, 1995 60 FR 25619.....
Hazardous Substance Designation and
Reportable Quantities/Checklist 140 as
amended/Checklist 140.1 as amended/
Checklist 140.2.
Hazardous Waste Management System; April 4, 1995 60 FR 17001.... 329 IAC 3.1-1-7 effective August 17,
Testing and Monitoring Activities/ 1996.
Checklist 141.
Universal Waste Rule (Hazardous Waste May 11, 1995 60 FR 25492..... 329 IAC 3.1-1-1, 3.1-1-9, 3.1-4-1, 3.1-
Management System; Modification of the 6-1, 3.1-6-2(3), 3.1-7-1, 3.1-9-1, 3.1-
Hazardous Waste Recycling Regulatory 9-2(1),(2), 3.1-10-1, 3.1-10-
Program); General Provisions/Checklist 2(1),(2),(3), 3.1-12-1, 3.1-12-
142A. 2(4),(5), 3.1-13-1, 3.1-16-1, 3.1-16-
2(1), 3.1-16-2(3), 3.1-16-2(5), 3.1-16-
2(7) effective September 6, 1996.
Universal Waste Rule (Hazardous Waste May 11, 1995 60 FR 25492..... 329 IAC 3.1-4-1, 3.1-6-1, 3.1-6-2(4),
Management System; Modification of the 3.1-9-1, 3.1-9-2(1),(2), 3.1-10-1, 3.1-
Hazardous Waste Recycling Regulatory 10-2(1),(2),(3), 3.1-11-1, 3.1-12-1,
Program); Specific Provisions for 3.1-12-2(4),(5), 3.1-13-1, 3.1-16-1,
Batteries/Checklist 142B. 3.1-16-2(1 through 7) effective
September 6, 1996.
Universal Waste Rule (Hazardous Waste May 11, 1995 60 FR 25492..... 329 IAC 3.1-4-1, 3.1-6-1, 3.1-9-1, 3.1-
Management System; Modification of the 9-2(1),(2), 3.1-10-1, 3.1-10-
Hazardous Waste Recycling Regulatory 2(1),(2),(3), 3.1-12-1, 3.1-12-
Program); Specific Provisions for 2(4),(5), 3.1-13-1, 3.1-16-1, 3.1-16-
Pesticides/Checklist 142C. 2(1 through 7) effective September 6,
1996.
Universal Waste Rule (Hazardous Waste May 11, 1995 60 FR 25492..... 329 IAC 3.1-4-1, 3.1-6-1, 3.1-9-1, 3.1-
Management System; Modification of the 9-2(1),(2), 3.1-10-1, 3.1-10-
Hazardous Waste Recycling Regulatory 2(1),(2),(3), 3.1-12-1, 3.1-12-
Program); Specific Provisions for 2(4),(5), 3.1-13-1, 3.1-16-1, 3.1-16-
Thermostats/Checklist 142D. 2(1 through 7) effective September 6,
1996.
Universal Waste Rule (Hazardous Waste May 11, 1995 60 FR 25492..... 329 IAC 3.1-5-2, 3.1-16-1, 3.1-16-2(8)
Management System; Modification of the effective September 6, 1996.
Hazardous Waste Recycling Regulatory
Program); Provisions for Petitions to
add a New Universal Waste/Checklist
142E.
Solid Waste, Hazardous Waste, Oil June 29, 1995 60 FR 33912.... 329 IAC 3.1-6-1, 3.1-11-1, 3.1-13-1,
Discharge and Superfund Programs; 3.1-13-2(6), 3.1-13-3 effective August
Removal of Legally Obsolete Rules/ 17, 1996.
Checklist 144.
Hazardous Waste Management; Liquids in July 11, 1995 60 FR 35703.... 329 IAC 3.1-9-1, 3.1-10-1, 3.1-10-2(20)
Landfills/Checklist 145. effective February 8, 1997.
Identification and Listing of Hazardous March 26, 1996 61 FR 13103... 329 IAC 3.1-6-1, 3.1-6-2(6) effective
Waste; Amendments to Definition of February 8, 1997.
Solid Waste/Checklist 150.
Imports and Exports of Hazardous Waste: April 12, 1996 61 FR 16289... 329 IAC 3.1-6-1, 3.1-6-2(4), 3.1-7-1,
Implementation of OECD Council Decision/ 3.1-7-2(5), 3.1-7-2(7),(8), 3.1-7-16,
Checklist 152. 3.1-8-1, 3.1-8-2(1 through 3), 3.1-9-
1, 3.1-9-2(6), 3.1-10-1, 3.1-10-2(8),
3.1-11-1, 3.1-16-1 effective April 18,
1998.
Criteria for Classification of Solid July 1, 1996 61 FR 34252..... 329 IAC 3.1-6-1 effective April 18,
Waste Disposal Facilities and 1998.
Practices; Identification and Listing
of Hazardous Waste; Requirements for
Authorization of State Hazardous Waste
Programs/Checklist 153.
Land Disposal Restrictions Phase III January 14, 1997 62 FR 1992.. 329 IAC 3.1-12-1 effective April 18,
Emergency Extension of the K088 1998.
Capacity Variance/Checklist 155.
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\1\ The Indiana provisions are from the Indiana Administrative Code, unless otherwise stated.
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
[[Page 47695]]
the provisions for which the State is being authorized on the effective
date of this authorization. This program revision does not grant
Indiana the authority to operate the Federal program in Indian country,
within the State of Indiana, as defined in 18 U.S.C. 1151.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial program revision and do not anticipate
adverse comment. However in the ``Proposed Rules'' section of today's
Federal Register, we are publishing a separate document that will serve
as the proposal to authorize the revision if we receive adverse
comments. This authorization will become effective without further
notice on November 30, 1999, unless EPA receives adverse comment by
October 1, 1999. Should EPA receive such comments it will publish a
timely withdrawal informing the public that the rule will not take
effect. We will address all public comments in a subsequent final
action based on the proposed rule. EPA may not provide additional
opportunity for comment. Any parties interested in commenting must do
so at this time.
The public may submit written comments on EPA's immediate final
decision until October 1, 1999. Copies of Indiana's application for
program revision are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document. The
ADDRESSES section also indicates where to send written comments on this
action.
C. Decision
I conclude that Indiana's application for program revision
authorization meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants Indiana 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 for 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. Codification in Part 272
The EPA uses 40 CFR part 272 for codification of the decision to
authorize Indiana's program and for incorporation by reference of those
provisions of its statutes and regulations that EPA will enforce under
sections 3008, 3013 and 7003 of RCRA. EPA reserves amendment of 40 CFR
part 272, subpart P until a later date.
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. Before promulgating an EPA rule for which a written statement
is needed, 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, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that section 202 and 205 requirements do not
apply to today's action because this rule does not contain a Federal
mandate that may result in annual expenditures of $100 million or more
for State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Indiana program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of State programs generally may reduce, not increase, compliance costs
for the private sector. Further, as it applies to the State, this
action does not impose a Federal intergovernmental mandate because UMRA
does not include duties arising from participation in a voluntary
federal program.
The requirements of section 203 of UMRA also do not apply to
today's action because this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on
[[Page 47696]]
small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit 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 United States 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. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance with Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies
with consulting, Executive Order 12875 requires EPA to provide to the
Office of Management and Budget a description of the extent of EPA's
prior consultation with representatives of affected State, local and
tribal governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. The State administers its hazardous waste program
voluntarily, and any duties on other State, local or tribal
governmental entities arise from that program, not from this action.
Accordingly, the requirements of Executive Order 12875 do not apply to
this rule.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) the
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions based on environmental health or safety
risks.
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affects the communities of Indian tribal
governments. Indiana is not authorized to implement the RCRA hazardous
waste program in Indian country.
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.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 272
Environmental Protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
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).
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-22448 Filed 8-31-99; 8:45 am]
BILLING CODE 6560-50-P
