§272.751 Indiana state-administered program: Final authorization.

(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Indiana has final authorization for the following elements as submitted to EPA in Indiana's base program application for final authorization which was approved by EPA effective on January 31, 1986. Subsequent program revision applications were approved effective on December 31, 1986, January 19, 1988, September 11, 1989, September 23, 1991 (two separate revisions), September 27, 1991, September 30, 1991, October 21, 1996, November 30, 1999, and January 4, 2001.

(b) State statutes and regulations. (1) The Indiana statutes and regulations cited in this paragraph are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a). Copies of the Indiana regulations that are incorporated by reference in this paragraph are available from the Indiana Legislative Services Agency, Administrative Code and Register Division, 302 State House, Indianapolis, Indiana 46204.

(i) The EPA approved Authorized Indiana Statutory Requirements Applicable to the Hazardous Waste Management Program, dated March 2001. < P>(ii) The EPA approved Indiana Regulatory Requirements Applicable to the Hazardous Waste Management Program, dated March 2001.

(2) The following statutes and regulations concerning State procedures and enforcement, although not incorporated by reference, are part of the authorized State program:

(i) Annotated Indiana Code, 1998 edition, Title 13, Article 4-21.5, 5-14-3-2, 13-11-2, 13-14-2-2, 13-14-9, 13-14-10, 13-15-2, 13-19-1, 13-19-2, 13-20, 13-22-1, 13-22-3, 13-22-5 through 13-22-14, 13-23, 13-30, and 23-1-16.

(ii) Indiana Administrative Code, as amended, 1996 edition, certified October 24, 1995, 2000 cumulative supplement, certified November 30, 1999, sections 329 IAC 3.1-1-1 through 3.1-1-6; 3.1-1-8 through 3.1-1-14; 3.1-2-1 through 3.1-2-16; 3.1-3-1 through 3.1-3-9; 3.1-4-2 through 3.1-4-26; 3.1-13-5; 3.1-13-8 through 3.1-13-17; 3.1-14-2; 3.1-14-3; and 13-1-3 through 13-1-6.

(3) The following statutory and regulatory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference: Indiana Administrative Code as amended, 1996 edition, certified October 24, 1995, 2000 cumulative supplement, certified November 30, 1999, sections 329 IAC 3.1-6-3; and 3.1-8-4.

(4) Unauthorized State provisions: Although the Federal rules listed in the following table have been adopted by the State and have been included in the materials incorporated by reference in paragraph (b)(1) of this section, EPA has not authorized the State for these rules at this time. While they may be enforceable under State law, they are not enforceable under RCRA:

------------------------------------------------------------------------
                                   Federal Register
       Federal requirement             reference       Publication date
------------------------------------------------------------------------
1. Hazardous Waste Management     62 FR 32452.......  June 13, 1997.
 System; Testing and Monitoring
 Activities (Checklist 158).
2. Kraft Mill Stream Stripper     63 FR 18504.......  April 15, 1998.
 Condensate Exclusion (Checklist
 164).
3. Recycled Used Oil Management   63 FR 24963.......  May 6, 1998.
 Standards; Technical Correction
 and Clarification (Checklist
 166) as amended (Checklist
 166.1).
4. Bevill Exclusion Revisions     63 FR 37780.......  July 14, 1998.
 and Clarification (Checklist
 167E).
5. Exclusion of Recycled Wood     63 FR 28556.......  May 26, 1998.
 Preserving Wastewaters
 (Checklist 167F).
6. Hazardous Waste Combustors     63 FR 33782.......  June 19, 1998.
 Revised Standards (Checklist
 168).
7. Universal Waste Rule;          63 FR 71225.......  December 24, 1998.
 Technical Amendment (Checklist
 176).
------------------------------------------------------------------------

(i) Additionally Indiana has adopted but is not authorized to implement the HSWA rules that are listed the following table. EPA will continue to implement the Federal HSWA requirements for which Indiana is not authorized until the State receives specific authorization for those requirements:

------------------------------------------------------------------------
                                   Federal Register
       Federal requirement             reference       Publication date
------------------------------------------------------------------------
1. HSWA Codification Rule 2;      52 FR 45788.......  December 1, 1987.
 Corrective Action for Injection
 Wells (Checklist 44C).
2. Burning of Hazardous Waste in  56 FR 7134........  February 21, 1991.
 Boilers and Industrial Furnaces
 (Checklist 85).
3. Burning of Hazardous Waste in  56 FR 32688.......  July 17, 1991.
 Boilers and Industrial
 Furnaces; Corrections and
 Technical Amendments (Checklist
 94).
4. Burning of Hazardous Waste in  56 FR 42504.......  August 27, 1991.
 Boilers and Industrial
 Furnaces; Technical Amendments
 II (Checklist 96).
5. Burning of Hazardous Waste in  57 FR 38558.......  August 25, 1992.
 Boilers and Industrial
 Furnaces; Technical Amendment
 III (Checklist 111).
6. Burning of Hazardous Waste in  57 FR 44999.......  September 30,
 Boilers and Industrial                                1992.
 Furnaces; Technical Amendment
 IV (Checklist 114).
7. Requirements for Preparation,  58 FR 38816.......  July 20, 1993.
 Adoption, and Submittal of
 Implementation Plans (Checklist
 125).
8. Burning of Hazardous Waste in  58 FR 59598.......  November 9, 1993.
 Boilers and Industrial Furnaces
 (Checklist 127).
9. Land Disposal Restrictions-    62 FR 25998.......  May 12, 1997.
 Phase IV: Treatment Standards
 for Wood Preserving Wastes,
 Paperwork Reduction and
 Streamlining, Exemptions from
 RCRA for Certain Processed
 Materials; and Miscellaneous
 Hazardous Waste Provisions
 (Checklist 157).
10. Hazardous Waste Management    62 FR 32974.......  June 17, 1997.
 System; Carbamate Production,
 Identification and Listing of
 Hazardous Waste; Land Disposal
 Restrictions (Checklist 159).
11. Land Disposal Restrictions-   62 FR 37694.......  July 14, 1997.
 Phase III_Emergency Extension
 of the K088 National Capacity
 Variance (Checklist 160).
12. Second Emergency Revision of  62 FR 45568.......  August 28, 1997.
 the Land Disposal Restrictions
 (LDR) Treatment Standards for
 Listed Hazardous Wastes from
 Carbamate Production (Checklist
 161).
13. Organic Air Emission          62 FR 64636.......  December 8, 1997.
 Standards for Tanks, Surface
 Impoundments, and Containers;
 Clarification and Technical
 Amendment (Checklist 163).
14. Land Disposal Restrictions-   63 FR 28556.......  May 26, 1998.
 Phase IV: Treatment Standards    63 FR 31266.......  June 8, 1998.
 for Metal Wastes and Mineral
 Processing Wastes (Checklist
 167A), Hazardous Soils
 Treatment Standards and
 Exclusions (Checklist 167B),
 and Corrections (Checklist
 167C) as amended (Checklist
 167C.1).
15. Petroleum Refining Process    63 FR 42110.......  August 6, 1998.
 (Checklist 169) as amended       63 FR 54356.......  October 9, 1998.
 (Checklist 169.1).
16. Land Disposal Restrictions-   63 FR 46332.......  August 31, 1998.
 Phase IV (Checklist 170).
17. Emergency Revisions of the    63 FR 47409.......  September 4, 1998.
 Land Disposal Restrictions
 Treatment Standards (Checklist
 171).
18. Emergency Revision of the     63 FR 48124.......  September 9, 1998.
 Land Disposal Restrictions
 Treatment Standards (Checklist
 172).
19. Land Disposal Restrictions    63 FR 51254.......  September 24,
 Treatment Standards (Spent                            1998.
 Potliners) (Checklist 173).
------------------------------------------------------------------------

(ii) Some regulations listed in the table in paragraph (b)(4)(i) of this section are predominantly HSWA authority but contain provisions that are not HSWA authority. EPA will not enforce these non-HSWA provisions. The affected rules are as follows:

(A) Burning of Hazardous Waste in Boilers and Industrial Furnaces (BIF), including BIF (February 21, 1991);

(B) Corrections and Technical Amendments I (July 17, 1991);

(C) Technical Amendments II (August 27, 1991);

(D) Technical Amendments III (August 25, 1992);

(E) Amendment IV (September 30, 1992);

(F) Requirements for Preparation, Adoption, and Submittal of Implementation Plans (July 20, 1993); and

(G) BIF (November 9, 1993).

(iii) EPA will not enforce BIF rules for Sludge Dryers, Infrared Incinerators, Plasma Arc Incinerators, and Carbon Regeneration Units, until Indiana is authorized for these rules. Petroleum Refining Process (August 6, 1998, as amended October 9, 1998) 40 CFR 261.3, 261.4, and 261.6 are non-HSWA provisions. Standards Applicable to Owners and Operators of Closed/Closing Facilities (October 22, 1998) 40 CFR 264.90(e), 265.110(c), 265.118(c)(4), 265.121 (except §265.121(a)(2)), 270.1, 270.14(a), and 270.28 are non-HSWA provisions. Hazardous Remediation Waste Management Requirements (HWIR Media) (November 30, 1998) 40 CFR 261.4(g), 264.1(j)(1-13), 264.73(b)(17), 270.2, 270.11(d), 270.68, 270.73(a), and 270.79 through 270.230 (40 CFR part 270, subpart H) except §270.230(e)(1) are non-HSWA provisions. Until Indiana becomes authorized for these rules, EPA will not enforce the non-HSWA provisions.

(5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 5 and the Indiana Department of Environmental Management, signed by the Commissioner of the IDEM on February 14, 1996 and acknowledged by the EPA Regional Administrator in the FEDERAL REGISTER noticed signed on July 29, 1996, August 2, 1999, and December 14, 2000, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

(6) Statement of legal authority. "Attorney General's Statement for Final Authorization", signed by the Attorney General of Indiana on June 28, 1985 and revisions, supplements and addenda to that Statement dated August 26, 1986, June 1, 1987, December 15, 1987, March 25, 1988, July 22, 1988, December 15, 1989, May 29, 1996, March 24, 1997, and January 31, 2000 are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

(7) Program description. The Program Description and any other materials submitted as part of the original application or as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

[66 FR 53728, Oct. 24, 2001]