Adequacy of Indiana Solid Waste Landfill Permit Programs Under RCRA Subtitle D

Under Section 4005(c)(1)(C) of the Resource Conservation and Recovery Act (RCRA), EPA can approve state permit programs for solid waste disposal facilities that receive hazardous waste from conditionally exempt small quantity generators (CESQGs). A generator is a CESQG in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month. CESQGs are subject to minimal record keeping and reporting requirements under RCRA, but must satisfy three basic regulatory requirements to remain exempt from the full scope of hazardous waste regulations that apply to other generators: compliance with hazardous waste determination requirements, compliance with storage quantity limits, and compliance with applicable hazardous waste treatment and disposal regulations. Federal regulations specify that CESQG hazardous waste must be disposed of in either: a hazardous waste landfill subject to RCRA Subtitle C; a state licensed or permitted municipal solid waste landfill (MSWLF) subject to the RCRA Subtitle D regulations; or a state licensed or permitted non-municipal, non- hazardous waste disposal unit subject to the RCRA Subtitle D regulations. This document approves Indiana's regulation that requires that CESQG hazardous waste must be disposed of in either a permitted MSWLF subject to the RCRA Subtitle D regulations, or a hazardous waste facility subject to RCRA Subtitle C. EPA is publishing this rule to approve applicable regulations in Indiana without prior proposal because we believe this action is not controversial, and we do not expect comments that oppose it. Unless we receive written comments that oppose this approval during the comment period, the decision to approve the subject regulations in Indiana will take effect as scheduled. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect, and a separate document in the proposed rules section of this Federal Register