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ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 271

FRL ID: [FRL-7649-9]

NOTICE: PROPOSED RULES

ACTION: Hazardous waste program authorizations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Indiana: Final Authorization of State Hazardous Waste Management Program Revision

DATES: Written comments must be received on or before May 20, 2004.

DOCUMENT SUMMARY: Indiana has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is proposing to authorize the State's changes through this proposed final action.

SUMMARY: Indiana,

SUPPLEMENTAL INFORMATION

A. Why Are Revisions to State Programs Necessary?

States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and 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 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

We conclude that Indiana's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant Indiana Final authorization to operate its hazardous waste program with the changes described in the authorization application. Indiana has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Indiana, including issuing permits, until the State is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

This decision means that a facility in Indiana subject to RCRA will now have to comply with the authorized State requirements (listed in section F of this action) instead of the equivalent Federal requirements in order to comply with RCRA. Indiana has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: Do inspections, and require monitoring, tests, analyses or reports
enforce RCRA requirements and suspend or revoke permits
take enforcement actions regardless of whether the State has taken its own actions

This action does not impose additional requirements on the regulated community because the regulations for which Indiana is being authorized by today's action are already effective, and are not changed by today's action.
D. What Happens If EPA Receives Comments That Oppose This Action?

If EPA receives comments that oppose this authorization, we will address all public comments in a later Federal Register. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time.

E. What Has Indiana Previously Been Authorized for?

Indiana initially received Final authorization on January 31, 1986, effective January 31, 1986 (51 FR 3955) to implement the RCRA hazardous waste management program. We granted authorization for changes to their program on October 31, 1986, effective December 31, 1986 (51 FR 39752); January 5, 1988, effective January 19, 1988 (53 FR 128); July 13, 1989, effective September 11, 1989 (54 FR 29557); July 23, 1991, effective September 23, 1991 (56 FR 33717); July 24, 1991, effective September 23, 1991 (56 FR 33866); July 29, 1991, effective September 27, 1991 (56 FR 35831); July 30, 1991, effective September 30, 1991 (56 FR 36010); August 20, 1996, effective October 21, 1996 (61 FR 43018); September 1, 1999, effective November 30, 1999 (64 FR 47692), January 4, 2001 effective January 4, 2001 (66 FR 733), and December 6, 2001 effective December 6, 2001 (66 FR 63331).

F. What Changes Are We Authorizing With Today's Action?

On March 26, 2003, Indiana submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. We now make a final decision, subject to receipt of written comments that oppose this action, that Indiana's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization. Therefore, we propose to grant Indiana Final authorization for the following program changes: [[Page 21078]]
Federal Register date and

Description of Federal Requirement (include page (and/or RCRA Analogous State Authority checklist , if relevant) statutory authority) Mineral Processing Secondary Materials Exclusion May 26, 1998, 63 FR 28556. 329 IAC 3.161; 3.162(2). Checklist 167D. Effective May 4, 2001. Land Disposal Restrictions Phase IV: Treatment May 11, 1999, 64 FR 25408. 329 IAC 3.161; 3.162(2); Standards For Wood Preserving Wastes, Treatment 3.171; 3.1121; 3.112 Standards for Metal Wastes, Zinc Micronutrient 2(5), (7). Effective May 4, Fertilizers, Carbamate treatment Standards, and 2001. K088 Treatment Standards Checklist 179.
Guidelines Establishing Test Procedures for the May 14, 1999, 64 FR 26315. 329 IAC 3.117; Effective May Analysis of Oil and Grease and NonPolar Material 4, 2001. Under the Clean Water Act and the Resource
Conservation and Recovery Act Checklist 180.
Hazardous Waste Management System; Modification of July 6, 1999, 64 FR 36466. 329 IAC 3.141; 3.141(b); the Hazardous Waste Program; Hazardous Waste Lamps 3.161; 3.191; 3.192(1); Checklist 181. 3.1101; 3.1102(1),(2)(3); 3.1121; 3.1122(4); 3.113 1; 3.1132(1),(2)(3); 3.113 3 through 3.11317; 3.1161; 3.1162(a)(1); 3.116 2(a)(4); 3.1162(a)(5); 3.1 162(a)(8); 3.1162(b). Effective May 4, 2001.

FOR FURTHER INFORMATION CONTACT Gary Westefer, Indiana Regulatory Specialist, U.S. EPA Region 5, DM7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 8867450.