43142
Federal
Register
/
Vol.
66,
No.
160
/
Friday,
August
17,
2001
/
Proposed
Rules
pursuant
to
5
U.
S.
C.
552a,
subsection
(
d).
(
3)
Authority:
5
U.
S.
C.
552a(
j)(
2),
(
k)(
1),
(
k)(
2),
(
k)(
3),
(
k)(
4),
(
k)(
5),
(
k)(
6),
and
(
k)(
7).
(
4)
Consistent
with
the
legislative
purpose
of
the
Privacy
Act
of
1974,
the
Department
of
the
Navy
will
grant
access
to
nonexempt
material
in
the
records
being
maintained.
Disclosure
will
be
governed
by
the
Department
of
the
Navy's
Privacy
Regulation,
but
will
be
limited
to
the
extent
that
the
identity
of
confidential
sources
will
not
be
compromised;
subjects
of
an
investigation
of
an
actual
or
potential
criminal
violation
will
not
be
alerted
to
the
investigation;
the
physical
safety
of
witnesses,
informants
and
law
enforcement
personnel
will
not
be
endangered,
the
privacy
of
third
parties
will
not
be
violated;
and
that
the
disclosure
would
not
otherwise
impede
effective
law
enforcement.
Whenever
possible,
information
of
the
above
nature
will
be
deleted
from
the
requested
documents
and
the
balance
made
available.
The
controlling
principle
behind
this
limited
access
is
to
allow
disclosures
except
those
indicated
above.
The
decisions
to
release
information
from
these
systems
will
be
made
on
a
case­
by­
case
basis.
*
*
*
*
*

Dated:
August
7,
2001.
L.
M.
Bynum,
Alternate
OSD
Federal
Register
Liaison
Officer,
Department
of
Defense.
[
FR
Doc.
01
 
20366
Filed
8
 
16
 
01;
8:
45
am]

BILLING
CODE
5001
 
08
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
63,
264,
265,
266,
and
270
[
FRL
 
7039
 
5]

RIN
 
2050
 
AE79
NESHAP:
Standards
for
Hazardous
Air
Pollutants
for
Hazardous
Waste
Combustors
 
Proposed
Amendments;
Extension
of
Comment
Period
AGENCY:
Environmental
Protection
Agency.
ACTION:
Proposed
rule;
extension
of
comment
period.

SUMMARY:
In
response
to
several
commenters'
request
for
more
time
to
respond
to
issues,
the
Environmental
Protection
Agency
is
extending
the
comment
period
on
its
proposed
amendments
to
NESHAP:
Final
Standards
for
Hazardous
Air
Pollutants
Waste
Combustors.
On
July
3,
2001
(
66
FR
35126),
EPA
proposed
potential
revisions
to
several
compliance,
testing,
and
monitoring
provisions
of
the
final
rule
that
established
emissions
standards
for
hazardous
waste
burning
cement
kilns,
lightweight
aggregate
kilns,
and
incinerators.
The
comment
period
announced
in
the
proposed
rule
was
scheduled
to
end
on
August
17.
Today's
action
extends
the
comment
period
for
60
days.
Stakeholders,
however,
have
not
requested
an
extension
of
the
comment
period
for
two
other
actions
(
see
66
FR
35087
and
66
FR
35124)
also
published
in
the
Federal
Register
on
July
3,
2001.
Today's
action
does
not
change
the
date
by
which
comments
must
be
submitted
for
those
two
actions.
DATES:
The
comment
period
for
this
NPRM
is
extended
from
the
original
closing
date
of
August
17,
2001
to
October
16,
2001.
ADDRESSES:
If
you
wish
to
comment
on
the
NPRM,
you
must
send
an
original
and
two
copies
of
the
comments
referencing
docket
number
F
 
2001
 
RC5P
 
FFFFF
to:
RCRA
Information
Center
(
RIC),
Office
of
Solid
Waste
(
5305G),
U.
S.
Environmental
Protection
Agency
Headquarters
(
EPA
HQ),
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460
 
0002;
or,
(
2)
if
using
special
delivery,
such
as
overnight
express
service:
RIC,
Crystal
Gateway
One,
1235
Jefferson
Davis
Highway,
First
Floor,
Arlington,
VA
22202.
You
may
also
submit
comments
electronically
following
the
directions
in
the
SUPPLEMENTARY
INFORMATION
section
below.
You
may
view
public
comments
and
supporting
materials
in
the
RIC.
The
RIC
is
open
from
9
am
to
4
pm
Monday
through
Friday,
excluding
Federal
holidays.
To
review
docket
materials,
we
recommend
that
you
make
an
appointment
by
calling
703
 
603
 
9230.
You
may
copy
up
to
100
pages
from
any
regulatory
document
at
no
charge.
Additional
copies
cost
$
0.15
per
page.
FOR
FURTHER
INFORMATION
CONTACT:
For
general
information,
call
the
RCRA
Call
Center
at
1
 
800
 
424
 
9346
or
TDD
1
 
800
 
553
 
7672
(
hearing
impaired).
Callers
within
the
Washington
Metropolitan
Area
must
dial
703
 
412
 
9810
or
TDD
703
 
412
 
3323
(
hearing
impaired).
The
RCRA
Call
Center
is
open
Monday
 
Friday,
9
am
to
4
pm,
Eastern
Standard
Time.
For
more
information
on
this
extension
notice,
contact
Rhonda
Minnick
at
703
 
308
 
8871,
minnick.
rhonda@
epa.
gov,
or
write
her
at
the
Office
of
Solid
Waste,
5302W,
U.
S.
EPA,
Ariel
Rios
Building,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460.
SUPPLEMENTARY
INFORMATION:
On
September
30,
1999,
the
NESHAP:
Final
Standards
for
Hazardous
Air
Pollutants
for
Hazardous
Waste
Combustors
was
promulgated
(
64
FR
52828).
On
July
3,
2001,
EPA
proposed
potential
revisions
to
several
compliance,
testing,
and
monitoring
provisions
of
the
final
rule
(
66
FR
35126).
On
July
24,
2001,
the
Court
of
Appeals
for
the
District
of
Columbia
decided
Cement
Kiln
Recycling
Coalition,
et
al.,
v.
EPA,
et
al.,
(
D.
C.
Cir.
No.
99
 
1457
(
and
consolidated
cases)).
This
case
decided
several
issues
related
to
the
September
30,
1999
final
rule.
In
response
to
several
commenters'
requests
for
more
time
to
respond
to
issues
in
the
proposed
rule
considering
the
recent
court
decision,
EPA
is
extending
the
proposed
rule's
comment
period.
This
document
extends
the
comment
period
for
60
days.
Stakeholders,
however,
have
not
requested
an
extension
of
the
comment
period
for
two
other
actions
(
see
66
FR
35087
and
66
FR
35124)
also
published
in
the
Federal
Register
on
July
3,
2001.
Today's
action
does
not
change
the
date
by
which
comments
must
be
submitted
for
those
two
actions.

List
of
Subjects
40
CFR
Part
63
Environmental
protection,
Air
pollution
control,
Hazardous
substances,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
264
Environmental
protection,
Air
pollution
control,
Hazardous
waste,
Insurance,
Packaging
and
containers,
Reporting
and
recordkeeping
requirements,
Security
measures,
Surety
bonds.

40
CFR
Part
265
Environmental
protection,
Air
pollution
control,
Hazardous
waste,
Insurance,
Packaging
and
containers,
Reporting
and
recordkeeping
requirements,
Security
measures,
Surety
bonds,
Water
supply.

40
CFR
Part
266
Environmental
protection,
Energy,
Hazardous
waste,
Recycling,
Reporting
and
recordkeeping
requirements.

40
CFR
Part
270
Environmental
protection,
Administrative
practice
and
procedure,
Confidential
business
information,
Hazardous
materials
transportation,
Hazardous
waste,
Reporting
and
recordkeeping
requirements,
Water
pollution
control,
Water
supply.

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43143
Federal
Register
/
Vol.
66,
No.
160
/
Friday,
August
17,
2001
/
Proposed
Rules
Dated:
August
14,
2001.
Michael
H.
Shapiro,
Acting
Assistant
Administrator,
Solid
Waste
and
Emergency
Response.
[
FR
Doc.
01
 
20897
Filed
8
 
16
 
01;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
271
[
FRL
 
7035
 
3]

Indiana:
Final
Authorization
of
State
Hazardous
Waste
Management
Program
Revision
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

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.
DATES:
Written
comments
must
be
received
on
or
before
September
17,
2001.
ADDRESSES:
Send
written
comments
to
Gary
Westefer,
Indiana
Regulatory
Specialist,
DM
 
7J,
77
West
Jackson
Boulevard,
Chicago,
Illinois
60604.
Please
refer
to
Docket
Number
IN
ARA18.
We
must
receive
your
comments
by
September
17,
2001.
You
can
view
and
copy
Indiana's
application
from
9:
00
am
to
4:
00
pm
at
the
following
addresses:
Indiana
Department
of
Environmental
Management,
100
North
Senate,
Indianapolis,
Indiana
(
mailing
address
P.
O.
Box
6015,
Indianapolis,
Indiana
46206)
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,
(
312)
886
 
7450.
SUPPLEMENTARY
INFORMATION:

A.
Why
Are
Revisions
to
State
Programs
Necessary?

States
which
have
received
final
authorization
from
EPA
under
RCRA
section
3006(
b),
42
U.
S.
C.
6926(
b),
must
maintain
a
hazardous
waste
program
that
is
equivalent
to,
consistent
with,
and
no
less
stringent
than
the
Federal
program.
As
the
Federal
program
changes,
States
must
change
their
programs
and
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?
The
effect
of
this
decision
is
that
a
facility
in
Indiana
subject
to
RCRA
will
now
have
to
comply
with
the
authorized
State
requirements
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;
and
 
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),
and
January
4,
2001
effective
January
4,
2001
(
66
FR
733).

F.
What
Changes
are
We
Authorizing
with
Today's
Action?

On
March
16,
2001,
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:

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