[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Proposed Rules]
[Pages 61326-61330]
[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<EMAIL_ADDRESS>    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://

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<PHONE_NUMBER>; or Indiana Department of
Environmental Management, 100 North Senate, Indianapolis, Indiana,
contact: Steve Mojonnier<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Indiana Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
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.

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.

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

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]
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[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Notices]
[Pages 47314-47316]
[FR Doc No: 2021-18107]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0856]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Vaccines and
Related Biological Products Advisory Committee (VRBPAC). The general
function of the committee is to provide advice and recommendations to
FDA on regulatory issues. Members will participate via teleconference.
At least one portion of the meeting will be closed to the public. FDA
is establishing a docket for public comment on this document.

DATES: The meeting will be held on September 30, 2021, from 8:30 a.m.
to 3:40 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. The online
web conference meeting will be available at the following link on the
day of the meeting: https://youtu.be/VeknygU5MKM.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2021-N-0856. The docket will close on
September 29, 2021. Submit either electronic or written comments on
this public meeting by September 29, 2021. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 29, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 29, 2021. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.
    Comments received on or before September 23, 2021, will be provided
to the committee. Comments received after September 23, 2021, and by
September 29, 2021, will be taken into consideration by FDA. In the
event that the meeting is canceled, FDA will continue to evaluate any
relevant applications or information, and consider any comments
submitted to the docket, as appropriate.

    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-0856 for ``Vaccines and Related Biological Products; Notice
of Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kathleen Hayes or Monique Hill, Center
for Biologics Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 6307C, Silver Spring, MD 20993-
0002,<PHONE_NUMBER><EMAIL_ADDRESS>or<PHONE_NUMBER>,
<EMAIL_ADDRESS>respectively; or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On September
30, 2021, under Topic I, the committee will meet in open session to
hear an overview of the research programs in the Laboratory of
Bacterial Polysaccharides, Division of Bacterial, Parasitic, and
Allergenic Products, Office of Vaccines Research and Review, and the
Center for Biologics Evaluation and Research (CBER). Also, on September
30, 2021, under Topic II, CBER's VRBPAC will meet in open session to
discuss and make recommendations on the selection of strains to be
included in the influenza virus vaccines for the 2021 to 2022 southern
hemisphere influenza season.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, background
material will be made publicly available on FDA's website at the time
of the advisory committee meeting. Background material and the link to
the online teleconference meeting room will be available at https://www.fda.gov/advisory-committees/advisory-committee-calendar. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: On September 30, 2021, under Topic I, from 8:30 a.m. to
10:45 a.m. the meeting is open to the public. On September 30, 2021,
under Topic II, from 12:15 p.m. to 3:40 p.m. the meeting is open to the
public. Interested persons may present data, information, or views,
orally or in writing, on issues pending before the committee. All
electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before September 23, 2021, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 10:15 a.m. and 10:45 a.m. under Topic I and from 2:10
p.m. and 2:40 p.m. under Topic II. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time

requested to make their presentation on or before September 15, 2021.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by September 16, 2021.
    Closed Committee Deliberations: On September 30, 2021, from 10:45
a.m. to 11:45 a.m., the meeting will be closed to permit discussion
where disclosure would constitute a clearly unwarranted invasion of
personal privacy (5 U.S.C. 552b(c)(6)). The recommendations of the
advisory committee regarding the progress of the individual
investigator's research programs along with other information, will be
discussed during this session. We believe that public discussion of
these recommendations on individual scientists would constitute an
unwarranted invasion of personal privacy.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Kathleen Hayes<EMAIL_ADDRESS>at least 7 days in
advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at: https://www.fda.gov/advisory-committees/about-advisory-committees/public-conduct-during-fda-advisory-committee-meetings for procedures on public conduct during
advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 18, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-18107 Filed 8-23-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Page 22175]
[FR Doc No: 2015-09180]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1475-000]

North Star Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of North Star Solar, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is May 5, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 15, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-09180 Filed 4-20-15; 8:45 am]
 BILLING CODE 6717-01-P