
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Proposed Rules]
[Pages 61326-61330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24779]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2012-0377; FRL-9739-6]


Indiana: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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 reviewed Indiana's application with 
regards to federal requirements, and is proposing to authorize the 
state's changes.

DATES: Comments must be received on or before November 8, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2012-0377 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    Email: westefer.gary@epa.gov.
    Mail: Gary Westefer, Indiana Regulatory Specialist, LR-8J, U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2012-0377. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information 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 www.regulations.gov Web site 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 or 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 http://www.epagov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some of the 
information is not publicly available; e.g., CBI or other information 
for which 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 either 
electronically in http://

[[Page 61327]]

www.regulations.gov or in hard copy. You may view and copy Indiana's 
application from 9:00 a.m. to 4:00 p.m. at the following addresses: 
U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, Chicago, Illinois, 
contact: Gary Westefer (312) 886-7450; or Indiana Department of 
Environmental Management, 100 North Senate, Indianapolis, Indiana, 
contact: Steve Mojonnier (317) 233-1655.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Indiana Regulatory 
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, email westefer.gary@epa.gov.

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 request 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 have made a tentative decision 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 will 
have 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 this authorization decision?

    The effect of this tentative decision, once finalized, is that a 
facility in Indiana subject to RCRA would 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 RCRA 
violations, but EPA retains its authority under RCRA sections 3007, 
3008, 3013, and 7003, which include among others, authority to:
    1. Do inspections, and require monitoring, tests, analyses or 
reports;
    1. enforce RCRA requirements and suspend or revoke permits; and
    3. 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 Indiana will be 
authorized are already effective, and will not be changed by EPA's 
final action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on 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); December 6, 2001 effective 
December 6, 2001 (66 FR 63331); October 29, 2004 (69 FR 63100) 
effective October 29, 2004; and November 23, 2005 (70 FR 70740) 
effective November 23, 2005.

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

    On March 5, 2007, May 1, 2009, and October 25, 2011, Indiana 
submitted final program revision applications, seeking authorization of 
their changes in accordance with 40 CFR 271.21. We have determined that 
Indiana's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for Final Authorization. We are now 
proposing to authorize, subject to receipt of written comments that 
oppose this action, Indiana's hazardous waste program revision. We 
propose to grant Indiana Final Authorization for the following program 
changes:

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
requirement (include checklist     (and/or RCRA       Analogous state
    , if relevant)         statutory            authority
                                    authority)
------------------------------------------------------------------------
Burning of Hazardous Wastes in  February 21,       329 IAC 3.1-1-7; 3.1-
 Boilers and Industrial          1991; 56 FR 7134.  4-1; 3.1-6-1; 3.1-6-
 Furnaces Checklist 85.                             2(2); 3.1-9-1; 3.1-
                                                    10-1; 3.1-10-2(13);
                                                    3.1-11-1; 3.1-11-
                                                    2(2); 3.1-13-1; 3.1-
                                                    13-2(15)
                                                   Effective November
                                                    22, 1992.
Burning of Hazardous Wastes in  July 17, 1991; 56  329 IAC 3.1-6-1; 3.1-
 Boilers and Industrial          FR 32688.          10-1; 3.1-11-1; 3.1-
 Furnaces; Corrections and                          11-2(2); 3.1-13-1;
 Technical Amendments I                             3.1-13-2(15)
 Checklist 94.                                      Effective November
                                                    22, 1992.
Burning of Hazardous Wastes in  August 27, 1991;   329 IAC 3.1-6-1; 3.1-
 Boilers and Industrial          56 FR 42504.       6-2(2); 3.1-10-1;
 Furnaces; Technical                                3.1-10-2(13); 3.1-11-
 Amendments II Checklist 96.                        1; 3.1-11-2(2)
                                                    Effective November
                                                    22, 1992.
Coke Ovens Administrative Stay  September 5,       329 IAC 3.1-11-1
 Checklist 98.                   1991; 56 FR        Effective November
                                 43874.             22, 1992.

[[Page 61328]]

 
Burning of Hazardous Wastes in  August 25, 1992;   329 IAC 3.1-4-1; 3.1-
 Boilers and Industrial          57 FR 38558.       4-1(b); 3.1-5-2; 3.1-
 Furnaces; Technical                                6-1; 3.1-6-2(2); 3.1-
 Amendments III Checklist 111.                      9-1; 3.1-9-2(1); 3.1-
                                                    10-1; 3.1-10-2(1-3);
                                                    3.1-11-1 Effective
                                                    August 17, 1996.
Burning of Hazardous Wastes in  September 30,      329 IAC 3.1-11-1
 Boilers and Industrial          1992; 57 FR        Effective August
 Furnaces; Technical Amendment   44999.             17,1996.
 IV Checklist 114.
Boilers and Industrial          July 20, 1993; 58  329 IAC 3.1-1-7; 3.1-
 Furnaces; Changes for           FR 38816.          11-1 Effective
 Consistency with New Air                           August 17, 1996.
 Regulations.
Checklist 125.................
Boilers and Industrial          November 9, 1993;  329 IAC 3.1-11-1
 Furnaces; Administrative Stay   58 FR 59598.       Effective August 17,
 and Interim Standards for                          1996.
 Bevill Residues Checklist 127.
Hazardous Air Pollutant         July 3, 2001; 66   329 IAC 3.1-6-1; 3.1-
 Standards; Technical            FR 42292.          9-1; 3.1-13-1
 Corrections Checklist 188.2.                       Effective February
                                                    13, 2004.
ZincFertilizers Made From       July 24, 2002; 67  329 IAC 3.1-6-1; 3.1-
 Recycled Hazardous Secondary    FR 48393.          6-2(17); 3.1-11-1;
 Materials Checklist 200.                           3.1-12-1 Effective
                                                    May 13, 2005.
Land Disposal Restrictions:     October 7, 2002;   329 IAC 3.1-12-1
 National Treatment Variance     67 FR 62617.       Effective May 13,
 to Designate New Treatment                         2005.
 Subcategories for
 Radioactively Contaminated
 Cadmium, Mercury, and Silver
 Containing Batteries
 Checklist 201.
NESHAP: Standards for           December 19,       329 IAC 3.1-13-1
 Hazardous Air Pollutants for    2002; 67 FR        Effective May 13,
 Hazardous Waste Combustors-     77687.             2005.
 Corrections Checklist 202.
Hazardous Waste Management      July 30, 2003; 68  329 IAC 3.1-6-2(16);
 System; Identification and      FR 44659.          13-1-1; 13-1-2; 13-3-
 Listing of Hazardous Waste;                        1; 13-3-(b)(2)
 Recycled Used Oil Management                       Effective May 13,
 Standards Checklist 203.                           2005.
National Emission Standards     April 26, 2004;    329 IAC 3.1-9-1; 3.1-
 for Hazardous Air Pollutants:   69 FR 22601.       10-1 Effective
 Surface Coating of                                 September 5, 2006.
 Automobiles and Light-Duty
 Trucks Checklist 205.
Hazardous Waste--               February 24,       329 IAC 3.1-6-1; 3.1-
 Nonwastewaters From             2005; 70 FR        6-2(17); 3.1-6-
 Production of Dyes, Pigments,   9138; June 16,     2(19),(20); 3.1-12-1
 and Food, Drug and Cosmetic     2005; 70 FR        Effective September
 Colorants; Mass Loadings-       35032.             5, 2006.
 Based Listing Checklist 206
 as amended Checklist 206.1.
Hazardous Waste Management      March 4, 2005; 70  329 IAC 3.1-4-1; 3,1-
 System; Modification of the     FR 10776; June     4-1(b); 3.1-6-1; 3.1-
 Hazardous Waste Manifest        16, 2005; 70 FR    7-1; 3.1-7-2(2); 3.1-
 System Checklist 207 as         35034.             7-2(7); 3.1-8-1; 3.1-
 Amended Checklist 207.1.                           8-2(1),(2); 3.1-9-1;
                                                    3.1-9-2(6); 3.1-9-
                                                    2(8); 3.1-10-1; 3.1-
                                                    10-2(8); 3.1-10-
                                                    2(11) Effective
                                                    September 5, 2006.
Waste Management System;        June 14, 2005; 70  329 IAC 3.1-1-7; 3.1-
 Testing and Monitoring          FR 34537; August   5-2; 3.1-5-3; 3.1-6-
 Activities; Methods             1, 2005; 70 FR     1; 3.1-6-2(7); 3.1-9-
 Innovation Rule and SW-846      44151.             1; 3.1-9-2(10); 3.1-
 Final Update IIIB Checklist                        10-1; 3.1-10-2(21);
 208 as amended Checklist                           3.1-11-1; 3.1-11-
 208.1.                                             2(2); 3.1-12-2; 3.1-
                                                    12-2(1)(D),(2)(D),
                                                    (3); 3.1-13-1; 13-1-
                                                    1; 13-1-2; 13-3-1;
                                                    13-3-1(b)(2); 13-6-
                                                    5; 13-7-4; 13-8-4
                                                    Effective September
                                                    5, 2006.
Hazardous Waste Management      August 5, 2005;    329 IAC 3.1-4-1; 3.1-
 System; Modification of the     70 FR 45507.       4-1(b); 3.1-6-1; 3.1-
 Hazardous Waste Program;                           9-1; 3.1-9-2(1); 3.1-
 Mercury Containing Equipment                       10-1; 3.1-10-2
 Checklist 209.                                     (1),(2),(3); 3.1-12-
                                                    1; 3.1-12-2(4); 3.1-
                                                    13-1; 3.1-16-1; 3.1-
                                                    16-2(a)(3); 3.1-16-
                                                    2(a)(7) Effective
                                                    September 5, 2006.
Standardized Permit for RCRA    September 8,       329 IAC 3.1-1-7; 3.1-
 Hazardous Waste Management      2005; 70 FR        4-1; 3.1-4-1(b); 3.1-
 Facilities Checklist 210.       53420.             6-1; 3.1-11.5-1; 3.1-
                                                    11.5-2(1-7); 3.1-13-
                                                    1; 3.1-13-2(1-3);
                                                    3.1-13-2(5); 3.1-13-
                                                    2(13); 3.1-13-3; 3.1-
                                                    13-4; 3.1-13-5; 3.1-
                                                    13-6; 3.1-13-7; 3.1-
                                                    13-8; 3.1-13-9; 3.1-
                                                    13-10; 3.1-13-11;
                                                    3.1-13-12; 3.1-13-
                                                    13; 3.1-13-14; 1.3-
                                                    13-15; 3.1-13-16;
                                                    3.1-13-17; 3.1-13-
                                                    18; 3.1-13-19; 3.1-
                                                    13-21; 3.1-15
                                                    Effective September
                                                    20, 2010.
Revision of Wastewater          October 4, 2005;   329 IAC 3.1-6-1
 Treatment Exemptions for        70 FR 57769.       Effective January
 Hazardous Waste Mixtures.                          25, 2008.
Checklist 211.................
NESHAP: Final Standards for     October 12, 2005;  329 IAC 3.1-1-7; 3.1-
 Hazardous Waste Combustors      70 FR 59402.       9-1; 3.1-10-1; 3.1-
 (Phase I Final Replacement                         11-1; 3.1-13-1; 3.1-
 Standards and Phase II)                            13-2(5); 3.1-13-2(9-
 Checklist 212.                                     11); 3.1-13-3
                                                    Effective January
                                                    25, 2008.
Burden Reduction Initiative     April 4, 2006; 71  329 IAC 3.1-4-1; 3.1-
 Checklist 213.                  FR 16862.          4-1(b); 3.1-6-1; 3.1-
                                                    9-1; 3.1-9-2(9); 3.1-
                                                    9-2(13),(14),(15);
                                                    3.1-9-3(a),(b),(c);
                                                    3.1-10-1; 3.1-10-
                                                    2(5),(6); 3.1-10-
                                                    2(11), (12), (13);
                                                    3.1-10-2(15-21); 3.1-
                                                    11-1; 3.1-11-2(2);
                                                    3.1-12-1; 3.1-12-
                                                    2(6); 3.1-13-1; 3.1-
                                                    13-2(7),(8); 3.1-15-
                                                    8; 3.1-15-9; 3.1-15-
                                                    10 Effective January
                                                    25, 2008.

[[Page 61329]]

 
Corrections to Errors in the    July 14, 2006; 71  329 IAC 3.1-4-1; 3.1-
 Code of Federal Regulations     FR 40254.          4-1(b); 3.1-5-3; 3.1-
 Checklist 214.                                     5-5; 3.1-6-1; 3.1-6-
                                                    2(2); 3.1-6-2(4);
                                                    3.1-6-2(8),(9); 3.1-
                                                    6-2(17-20); 3.1-7-1;
                                                    3.1-7-2(7); 3.1-7-
                                                    2(9); 3.1-7-12; 3.1-
                                                    7-16; 3.1-9-1; 3.1-9-
                                                    2(1), (2); 3.1-9-
                                                    2(9); 3.1-9-2(14);
                                                    3.1-9-2(16); 3.1-9-
                                                    2(17); 3.1-9-2(21);
                                                    3.1-9-3(c); 3.1-10-
                                                    1; 3.1-10-2(1), (2),
                                                    (3); 3.1-10-2(5),
                                                    (6); 3.1-10-2 (13);
                                                    3.1-10-2(14); 3.1-10-
                                                    2(18-23); 3.1-11-1;
                                                    3.1-11-2 (2), (3);
                                                    3.1-11.5-2(6); 3.1-
                                                    12-1; 3.1-12-2(1);
                                                    3.1-12-2(5); 3.1-12-
                                                    2(7); 3.1-13-1; 3.1-
                                                    13-2(1), (2), (3);
                                                    3.1-13-2(5); 3.1-13-
                                                    2(7), (8); 3.1-13-3;
                                                    3.1-13-4; 3.1-13-5;
                                                    3.1-13-6; 3.1-13-7;
                                                    3.1-13-8; 3.1-13-9;
                                                    3.1-13-10; 3.1-13-
                                                    11; 3.1-13-12; 3.1-
                                                    13-13; 3.1-13-14;
                                                    3.1-13-15; 3.1-13-
                                                    16; 3.1-13-17; 3.1-
                                                    14-26; 3.1-14-27;
                                                    3.1-14-28; 3.1-14-
                                                    29; 3.1-14-30; 3.1-
                                                    14-31; 3.1-14-32;
                                                    3.1-14-33; 3.1-14-
                                                    34; 3.1-14-35; 3.1-
                                                    14-36; 3.1-14-37;
                                                    3.1-14-38; 3.1-14-
                                                    39; 3.1-14-40; 3.1-
                                                    15-1; 3.1-15-3; 3.1-
                                                    15-4; 3.1-15-8; 3.1-
                                                    15-9; 3.1-15-10; 3.1-
                                                    16-1; 3.1-16-2(a)(1-
                                                    4); 3.1-16-2(a)(6),
                                                    (7), (8); 13-2; 13-1-
                                                    1; 13-1-2; 13-3-1;
                                                    13-3-2; 13-6-4; 13-6-
                                                    5; 13-6-6; 13-7-3;
                                                    13-7-6; 13-7-8; 13-7-
                                                    10; 13-8-4; 13-8-5;
                                                    13-9-1 Effective
                                                    September 20, 2010.
Cathode Ray Tube Exclusion      July 28, 2006; 71  329 IAC 3.1-4-1; 3.1-
 Checklist 215.                  FR 42928.          4.1-(b); 3.1-6-1
                                                    Effective January
                                                    25, 2008.
Exclusion of Oil Bearing        January 2, 2008;   329 IAC 3.1-4-1; 3.1-
 Secondary Materials Processed   73 FR 57.          4-1(b); 3.1-6-1
 in a Gasification System to                        Effective October
 Produce Synthesis Gas                              11, 2009.
 Checklist 216.
NESHAP: Final Standards for     April 8, 2008; 73  329 IAC 3.1-9-1; 3.1-
 Hazardous Waste Combustors      FR 18970.          11-1 Effective
 (Phase I Final Replacement                         October 11, 2009.
 Standards and Phase II)
 Amendments Checklist 217.
F019 Exemption for Wastewater   June 4, 2008; 73   329 IAC 3.1-6-1
 Treatment Sludges from Auto     FR 31756.          Effective October
 Manufacturing Zinc                                 11, 2009.
 Phosphating Processes
 Checklist 218.
Academic Laboratories           December 1, 2008;  329 IAC 3.1-1-7; 3.1-
 Generator Standards Checklist   73 FR 72912.       6-1; 3.1-7-1
 220.                                               Effective September
                                                    26, 2010.
------------------------------------------------------------------------

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

    Indiana has excluded the non-delegable federal requirements at 40 
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to 
implement those requirements. In 329 IAC 3.1-6-3 Indiana is more 
stringent in adding six hazardous wastes to the acute hazardous waste 
list that are not acute hazardous wastes in 40 CFR part 261. In section 
3.1-9-2, Indiana maintains more stringent levels for groundwater 
protection for several of the constituents listed in Table 1 of 40 CFR 
264.94. There are no Broader in Scope or more stringent provisions in 
Indiana's rules analogous to this application.

H. Who handles permits after 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 proposed 
authorization until they expire or are terminated. We will not issue 
any more new permits or new portions of permits for the provisions 
listed in the Table above after the effective date of the 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Indiana is not yet 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,'' as defined in 18 U.S.C. 1151. Indian Country 
includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Indiana;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. 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 
the authority to implement and administer the RCRA program on these 
lands.

J. What is codification and is EPA codifying Indiana's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing the state's statutes and 
regulations that comprise the state's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized state rules in 40 CFR part 272. Indiana's authorized 
rules, up to and including those revised January 4, 2001, have 
previously been codified through the incorporation-by-reference 
effective December 24, 2001 (66 FR 53728, October 24, 2001). We reserve 
the amendment of 40 CFR part 272, subpart P for the codification of 
Indiana's program changes until a later date.

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by state law (see Supplementary Information, Section A. Why are 
Revisions to State Programs Necessary?). Therefore, this rule complies 
with

[[Page 61330]]

applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821 January 21, 2011).

2. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

3. Regulatory Flexibility Act

    This rule authorizes state requirements for the purpose of RCRA 
3006 and imposes no additional requirements beyond those required by 
state law. Accordingly, I certify that this rule 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.).

4. Unfunded Mandates Reform Act

    Because this rule approves 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 (Pub. L. 104-4).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have federalism implications (i.e., 
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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes).

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves state programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a state program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
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 to this rule.

10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing 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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
1988) by examining the takings implications of the rule in accordance 
with the Attorney General's Supplemental Guidelines for the Evaluation 
of Risk and Avoidance of Unanticipated Takings issued under the 
executive order.

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing state 
rules and imposes no additional requirements beyond those imposed by 
state law and there are no anticipated significant adverse human health 
or environmental effects, the rule is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 271

    Environmental Protection; Administrative Practice and Procedure; 
Confidential business information; Hazardous materials transportation; 
Hazardous waste; Indians--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, 6974(b).

    Dated: September 19, 2012.
 Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-24779 Filed 10-5-12; 8:45 am]
BILLING CODE 6560-50-P


