Illinois: Final Authorization of State Hazardous Waste Management Program Revision, 14808-14813 [2016-05816]
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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
BILLING CODE 9110–04–P
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
§ 165.T13–0163 Safety Zone; The Big
Float, Willamette River, Portland, OR
(a) Regulated area. The following
regulated area is a safety zone: all
navigable waters of the Willamette
River, in Portland, Oregon, enclosed by
the Hawthorne Bridge, the Marquam
Bridge, and west of a line beginning at
the Hawthorne Bridge at approximate
location 45°30′50″ N.; 122°40′21″ W.,
and running south to the Marquam
Bridge at approximate location 45°
30′27″ N.; 122°40′11″ W.
(b) Definitions. As used in this
section—
Designated representative means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port Sector
Columbia River in the enforcement of
the regulated area.
Non-participant persons and vessels
means persons and vessels that are not
participating in the event and are
therefore prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Sector Columbia River or a
designated representative.
(c) Regulations. (1) In accordance with
the general regulations in 33 CFR part
165, subpart C, non-participant persons
and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
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Dated: March 10, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2016–06113 Filed 3–17–16; 8:45 am]
2. Add § 165.T13–0163 to read as
follows:
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area identified in paragraph (a) of this
section unless authorized by Captain of
the Port Sector Columbia River or a
designated representative.
(2) Non-participant persons and
vessels may request authorization to
enter, transit through, anchor in, or
remain within the regulated area by
contacting the Captain of the Port Sector
Columbia River or a designated
representative via VHF radio on channel
16. If authorization is granted by the
Captain of the Port Sector Columbia
River or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Sector Columbia River or a designated
representative.
(d) Enforcement period. This safety
zone will be enforced for the duration
of the marine event on July10, 2016.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2015–0555; FRL–9943–
72–Region 5]
Illinois: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Illinois 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 Illinois’
application with regards to federal
requirements, and is proposing to
authorize the state’s changes.
DATES: Comments on this proposed rule
must be received on or before April 18,
2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2015–0555 by one of the
following methods:
https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
Email: westefer.gary@epa.gov.
Mail: Gary Westefer, Illinois
Regulatory Specialist, LR–8J, U.S. EPA,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
SUMMARY:
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Hand Delivery: Gary Westefer, LR–8J,
U.S. EPA, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the normal business hours of
operation; special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID Number EPA–R05–RCRA–
2015–0555. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://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 https://
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 https://
www.regulations.gov or in hard copy.
You may view and copy Illinois’
application from 9 a.m. to 4 p.m. at the
following addresses: U.S. EPA Region 5,
LR–8J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Gary Westefer
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(312) 886–7450; or Illinois
Environmental Protection Agency, 1021
North Grand Avenue, East, Springfield,
Illinois, contact: Todd Marvel (217)
524–5024.
FOR FURTHER INFORMATION CONTACT: Gary
Westefer, Illinois 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) of RCRA, 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 Illinois’ application to revise its
authorized program meets all of the
statutory and regulatory requirements
established by RCRA. Therefore, we
propose to grant Illinois final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application. Illinois 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 Illinois, including
issuing permits, until the state is
granted authorization to do so.
C. What will be the effect if Illinois is
authorized for these changes?
If Illinois is authorized for these
changes, a facility in Illinois subject to
RCRA will have to comply with the
authorized state requirements instead of
the corresponding federal requirements
in order to comply with RCRA.
Additionally, such facilities will have to
comply with any applicable federal
requirements such as, for example,
HSWA regulations issued by the EPA
for which the state has not received
authorization. Illinois continues to have
enforcement authorities and
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. Conduct inspections which may
include but are not limited to requiring
monitoring, tests, analyses and/or
reports;
1. Enforce RCRA requirements which
may include but are not limited to
suspending, terminating, modifying
and/or revoking permits; and
3. Take enforcement actions
regardless of whether the state has taken
its own actions.
The action to approve these revisions
will not impose additional requirements
14809
on the regulated community because the
regulations for which Illinois is
requesting authorization are already
effective under state law, and will not
be changed by the act of authorization.
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 Illinois previously been
authorized for?
Illinois initially received final
authorization effective January 31, 1986
(51 FR 3778, January 30, 1986) to
implement the RCRA hazardous waste
management program. Subsequently the
EPA granted authorization for changes
to the Illinois program effective March
5, 1988 (53 FR 126, January 5, 1988);
April 30, 1990 (55 FR 7320, March 1,
1990); June 3, 1991 (56 FR 13595, April
3, 1991); August 15, 1994 (59 FR 30525,
June 14, 1994); May 14, 1996, (61 FR
10684, March 15, 1996); and October 4,
1996 (61 FR 40520, August 5, 1996).
F. What changes are we proposing with
today’s action?
On October 19, 2015, Illinois
submitted a final program revision
application, seeking authorization of
changes in accordance with 40 CFR
271.21. We have determined that
Illinois’ 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,
Illinois’ hazardous waste program
revision. We propose to grant Illinois
Final Authorization for the following
program changes:
Federal Register date and page
Analogous State authority
Universal Waste Rule: General Provisions,
Checklist 142A.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Description of Federal requirement
May 11, 1995, 60 FR 25492 ....................
Universal Waste Rule: Specific Provisions
for Batteries, Checklist 142B.
May 11, 1995, 60 FR 25492 ....................
Universal Waste Rule: Specific Provisions
for Pesticides, Checklist 142C.
May 11, 1995, 60 FR 25492 ....................
35 IAC 703.123; 720.101; 721.105; 722.110; 722.111;
724.101; 725.101; 728.101; 733.101; 733.103;
733.105; 733.106; 733.111; 733.112; 733.114;
733.115; 733.116; 733.117; 733.118; 733.119;
733.120; 733.131; 733.132; 733.134; 733.135;
733.136; 733.137; 733.138; 733.139; 733.140;
733.151; 733.152; 733.153; 733.154; 733.155;
733.156; 733.160; 733.161; 733.162; 733.170; Effective April 15, 1998.
35 IAC 703.123; 720.110; 721.106; 721.109; 724.101;
725.101; 726.180; 728.101; 733.102; 733.106;
733.113(a),(b),(c);
733.114;
733.133(a),(b),(c);
733.134; Effective April 15, 1998.
35 IAC 703.123; 720.110; 721.109; 724.101; 725.101;
728.101;
733.101;
733.103;
733.106;
733.113(a),(b),(c);
733.114;
733.132;
733.133(a),(b),(c); 733.134; Effective April 15, 1998.
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Federal Register date and page
Analogous State authority
Universal Waste Rule: Specific Provisions
for Thermostats, Checklist 142D.
May 11, 1995, 60 FR 25492 ....................
Universal Waste Rule: Provisions for Petitions to Add a New Universal Waste,
Checklist 142E.
RCRA Expanded Public Participation,
Checklist 148.
May 11, 1995, 60 FR 25492 ....................
35 IAC 703.123; 720.110; 721.109; 724.101; 725.101;
728.101;
733.101;
733.104;
733.106;
733.113(a),(b),(c);
733.114;
733.133(a),(b),(c);
733.134; Effective April 15, 1998.
35 IAC 720.120; 720.123; 733.180; 733.181; Effective
April 15, 1998.
Identification and Listing of Hazardous
Waste; Amendments to Definition of
Solid Waste, Checklist 150.
Imports and Exports of Hazardous Waste,
Checklist 152.
March 26, 1996, 61 FR 13103 .................
Hazardous Waste Treatment, Storage,
and Disposal Facilities and Hazardous
Waste Generators; Organic Air Emission
Standards for Tanks, Surface Impoundments and Containers, Checklist, 154;
as amended: Checklist 154.1; as
amended: Checklist 154.2; as amended:
Checklist 154.3; as amended: Checklist
154.4; as amended: Checklist 154.5; as
amended: Checklist 154.6.
November 25, 1996, 61 FR 59931; November 25, 1996, 61 FR 59931; December 12, 1994, 59 FR 62896; May
19, 1995, 60 FR 26828; September 29,
1995, 60 FR 50426; November 13,
1995, 60 FR 56952; February 9, 1996,
61 FR 4903; June 5, 1996, 61 FR
28508..
Land Disposal Restrictions: Phase III—
Emergency Extension of the K088 Capacity Variance, Checklist 155.
Land Disposal Restrictions: 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.
Hazardous Waste Management System;
Testing and Monitoring Activities,
Checklist 158.
Land Disposal Restrictions: Phase III—
Emergency Extension of the K088 National Capacity Variance, Checklist 160.
Organic Air Emission Standards for Tanks,
Surface Impoundments and Containers;
Clarification and Technical Amendment,
Checklist 163.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Description of Federal requirement
January 14, 1997, 62 FR 1992 ................
Kraft Mill Steam Stripper Exclusion,
Checklist 164.
Emergency Revisions of LDR Treatment
Standards, Checklist 172.
Land Disposal Restrictions Treatment
Standards (Spent Potliners), Checklist
173.
Universal Waste Rule; Technical Amendment (Conditionally Optional), Checklist
176.
Organic Air Emission Standards, Checklist
177.
April 15, 1998, 63 FR 18504 ....................
35 IAC 703.183; 724.115; 724.173; 724.930; 724.933;
724.950; 724.960; 724.962; 724.964; 724.980;
724.982; 724.983; 724.984; 724.985; 724.986;
724.987; 724.989; 725.115; 725.173; 725.930;
725.933; 725.950; 725.960; 725.962; 725.964;
725.980; 725.981; 725.982; 725.983; 725.984;
725.985; 725.986; 725.987; 725.988; 725.990; 725
Appendix F; Effective January 19, 1999.
35 IAC 721.104; Effective January 19, 1999.
September 9, 1998, 63 FR 48124 ............
35 IAC 728.134; Effective July 26, 1999.
September 24, 1998, 63 FR 51254 ..........
35 IAC 728.139; 728.140; Effective July 26, 1999.
December 24, 1998, 63 FR 71225 ...........
35 IAC 726.180; 733.106; Effective July 26, 1999.
January 21, 1999, 64 FR 3381 ................
Test Procedures for the Analysis of Oil
and Grease and Non-Polar Material,
Checklist 180.
May 14, 1999, 64 FR 26315 ....................
35 IAC 722.134; 724.931; 724.980; 724.983; 724.984;
724.986; 725.980; 725.984; 725.985; 725.987; Effective January 21, 2000.
35 IAC 720.111; Effective January 21, 2000.
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December 11, 1995, 60 FR 63417 ...........
April 12, 1996, 61 FR 16290 ....................
35 IAC 702.110; 703.183; 703.191; 703.192; 703.193;
703.220; 703.223; 703.225; 703.232; 703.248; Effective December 16,1997.
35 IAC 721.104; Effective December 16, 1997.
35 IAC 721.106; 722.110; 722.153; 722.156; 722.158;
722.180; 722.181; 722.182; 722.183; 722.184;
722.185; 722.186; 722.187; 722.189; 723.110;
723.120; 724.112; 724.171; 725.112; 725.171;
726.170; 733.120; 733.140; 733.156; 733.170; Effective December 16, 1997.
35 IAC 702.181; 703.184; 703.201; 703.202; 703.203;
703.213; 720.111; 721.106; 722.134; 724.113;
724.115; 724.173; 724.177; 724.279; 724.300;
724.332; 724.701; 724.930; 724.933; 724.934;
724.935; 724.950; 724.955; 724.958; 724.964;
724.980; 724.981; 724.982; 724.983; 724.984;
724.985; 724.986; 724.987; 724.988; 724.989;
724.990; 724.991; 725.101; 725.113; 725.115;
725.173; 725.177; 725.278; 725.302; 725.331;
725.930; 725.933; 725.934; 725.935; 725.950;
725.955; 725.958; 725.964; 725.980; 725.981;
725.982; 725.983; 725.984; 725.985; 725.986;
725.987; 725.988; 725.989; 725.990; 725.991; 725
Appendix F; Effective September 28, 1998.
35 IAC 728.139; Effective September 28, 1998.
May 12, 1997, 62 FR 25998 ....................
35 IAC 721.104; 721.106; 728.101; 728.104; 728.107;
728.109; 728.130; 728.140; 728.142; 728.144; 728
Appendix F; 728 Appendix G; 728 Appendix H; Effective September 28, 1998.
June 13, 1997, 62 FR 32452 ...................
35 IAC 720.111; 724.934; 724.963; 724 Appendix I;
725.934; 725.963; 726.204; 726.206; 726.207; 726
Appendix I; Effective September 28, 1998.
35 IAC 728.139; Effective January 19, 1999.
July 14, 1997, 62 FR 37694 .....................
December 8, 1997, 62 FR 64636 .............
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Federal Register date and page
Analogous State authority
NESHAPS: Final Standards for Hazardous
Air Pollutants for Hazardous Waste
Combustors (MACT Rule), Checklist
182 as amended: Checklist 182.1.
Waste Water Treatment Sludges from
Metal Finishing Industry; 180 Day Accumulation Time, Checklist 184.
Organobromine
Production
Wastes,
Checklist 185.
September 30, 1999, 64 FR 52827, November 19, 1999, 64 FR 63209.
35 IAC 703.205; 703.208; 703.221; 703.232; 703 Appendix A; 720.110; 721.138; 724.440; 724.701;
725.440; 726.200; 726.201; 726.205; 726.212; 726
Appendix H; Effective June 20, 2000.
35 IAC 722.134; Effective January 11, 2001.
NESHAPS: Final Standards for Hazardous
Air Pollutants for Hazardous Waste
Combustors, Checklist 188 as amended:
Second Technical Correction, Checklist
188.1 as amended: Checklist 188.2..
Chlorinated Aliphatics Listing and LDRs
for Newly Identified Wastes, Checklist
189.
Deferral pf Phase IV Standards for PCBs
as a Constituent Subject to Treatment in
Soil, Checklist 190.
Storage, Treatment, Transportation and
Disposal of Mixed Waste, Checklist 191.
July 10, 2000, 65 FR 42292, May 14,
2001, 66 FR 24270, July 3, 2001, 66
FR 35087.
Change of EPA Mailing Address, Additional Technical Amendments and Corrections, Checklist 193.
Hazardous Air Pollutant Standards for
Combustors: Interim Standards, Checklist 197.
Hazardous Air Pollutant Standards for
Combustors; Corrections, Checklist 198.
Land Disposal Restrictions: National Treatment Variance To Designate New Treatment Subcategories for Radioactively
Contaminated Cadmium-, Mercury-, and
Silver-Containing Batteries, Checklist
201.
NESHAP: Standards for Hazardous Air
Pollutants for Hazardous Waste Combustors—Corrections, Checklist 202.
NESHAP: Surface Coating of Automobiles
and Light Duty Trucks, Checklist 205.
Hazardous Waste Management System;
Modification of the Hazardous Waste
Manifest System, Checklist 207, as
Amended: Checklist 207.1.
June 28, 2001, 66 FR 34374 ...................
Standardized Permit for RCRA Hazardous
Waste Management Facilities, Checklist
210.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Description of Federal requirement
September 8, 2005, 70 FR 53420 ............
NESHAP: Final Standards for Hazardous
Waste Combustors (Phase I Final Replacement Standards and Phase II),
Checklist 212.
October 12, 2005, 70 FR 59402 ..............
March 8, 2000, 65 FR 12378 ...................
March 17, 2000, 65 FR 14472 .................
35 IAC 721.132; 721.133; 721 Appendix G; 721 Appendix H; 728.133; 728.140; 728.148; Effective January
11, 2001.
35 IAC 703.280; 721.138; 724.440; Effective July 9,
2001.
November 8, 2000, 65 FR 67068 .............
35 IAC 721.132; 721 Appendix G; 721 Appendix H;
728.133; 728.140; 728.148; Effective July 9, 2001.
December 26, 2000, 65 FR 81373 ...........
35 IAC 728.132; 728.148; 728.149; 728 Appendix C;
Effective July 9, 2001.
May 16, 2001, 66 FR 27218 ....................
35 IAC 726.310; 726.320; 726.325; 726.330;
726.340; 726.345; 726.350; 726.355;
726.405; 726.410; 726.415; 726.420;
726.430; 726.435; 726.440; 726.445;
726.455; 726.460; Effective April 22, 2002.
35 IAC 720.111; Effective April 22, 2002.
February 13, 2002, 67 FR 6792 ...............
February 14, 2002, 67 FR 6968 ...............
35 IAC 703.205; 703.208; 703.221; 703.232; 703.320;
724.440; 725.440; 726.200; Effective February 14,
2003.
35 IAC 703.280; 726.200; Effective February 14, 2003.
November 21, 2002, 67 FR 62618 ...........
35 IAC 728.140; Effective July 17, 2003.
December 19, 2002, 67 FR 77687 ...........
35 IAC 703.205; 703.208; 703.221; 703.232; Effective
July 17, 2003.
October 26, 2004, 69 FR 22601 ..............
35 IAC 724.950; Effective February 23, 2006.
March 4, 2005, 70 FR 10776 June 16,
2005, 70 FR 35034.
35 IAC 720.110; 721.107; 722.120; 722.121; 722.127;
722.132; 722.133; 722.134; 722.154; 722.160; 722
Appendix 8700–22; 733.120; 733.121; 724.170;
724.171; 724.172; 724.176; 725.170; 725.171;
725.172; 725.176; Effective February 23, 2006.
35 IAC 702.101; 702.110; 702.120; 702,125; 703.125;
703.191; 703.192; 703.238; 703.260; 703.270;
703.272; 703.350; 703.351; 703.352; 703.353;
705.102; 705.128; 705.300; 705.301; 705.302;
705.303; 705.304; 720.110; 720.111; 721.107;
727.100; 727.110; 727.130; 727.150; 727.170;
727.190; 727.210; 727.240; 727.270; 727.290;
727.900; 727 Appendix A; Effective December 20,
2006.
35 IAC 703.110; 703.189; 703.205; 703.208; 703.210;
703.211; 703.221; 703.232; 703.241; 703.280;
703.320; 703 Appendix A; 720.111; 724.440;
725.440; 726.200; Effective December 20, 2006.
G. Which revised state rules are
different from the federal rules?
continue to implement those
requirements.
Illinois has not applied for the federal
requirements at 40 CFR 260.21, 264.149,
264.150, 265.149, 265.150, 268.5, 268.6,
268.42(b), 268.44, and 270.3. EPA will
More Stringent Rules
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726.335;
726.360;
726.425;
726.450;
In 35 IAC 722.122 and 722.123(a)(4),
Illinois requires more manifest copies
than the Federal rules. In 35 IAC
PO 00000
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Sfmt 4702
724.213(d)(3) Illinois adds requirements
to the contingent corrective measures
plan found in 40 CFR 264.113(e)(4)(i). In
35 IAC 722.141, 724.175 and 725.175,
Illinois requires an annual report
instead of the biennial report required
in 40 CFR 262.22, 264.75, and 265.75.
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Illinois has added 35 IAC 724.156(i) to
facilitate State notification. In 35 IAC
725.245, Illinois does not allow the
extension of time to submit the financial
test and corporate guarantee documents
to the agency as federally allowed in 40
CFR 265.145(e)(4). In 35 IAC 725.414,
Illinois prohibits all liquids in landfills;
the federal rules allow for exceptions in
40 CFR 265.314(f)(1) and (2). Illinois’ 35
IAC Part 729 prohibits disposal of
certain hazardous wastes in landfills.
This part has no direct equivalent
Federal part, but is a counterpart of the
land ban regulations at 40 CFR part 268
and the landfill requirements at 40 CFR
parts 264 and 265. In 35 IAC 728.106(e)
Illinois requires at least a 90 day notice
when a facility wants to make changes
to unit design; EPA in 40 CFR 268.6(e)
only requires a 30 day notice. In 35 IAC
703.271(e) Illinois adds some additional
cases where a permit must be modified.
Broader in Scope Rules
In 35 IAC 721.103(g), Illinois does not
allow the exemption allowed in the
federal rules at 40 CFR 261.3(g)(4). In 35
IAC 739.146, Illinois adds subsection
(a)(6) which covers special waste (35
IAC part 808). This special waste is not
regulated in the RCRA subtitle C
program. 35 IAC 739.146(a)(6) adds
information requirements. The same
requirements are also added in 35 IAC
739.156, 739.165, and 739.174.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Universal Waste Lamps Rules Not
Authorized
Illinois allows Lamp Crushing under
its current version of the Universal
Waste Rule (35 IAC 733.105, 733.113(d),
733.133(d), and 733.134(e)), and has not
applied for authorization of the
Universal Waste Lamps Rule. In the
future, EPA will determine whether to
prohibit crushing of lamps, or decide
under what conditions lamp crushing
may be permitted. Until the issue is
resolved, no state that allows crushing
may be authorized for the Universal
Waste Lamps rule and the Illinois
version of the Universal Waste Lamps
Rule is not part of the Illinois
authorized program.
H. Who handles permits after the final
authorization takes effect?
Illinois 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
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16:28 Mar 17, 2016
Jkt 238001
Table above after the effective date of
the authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Illinois is not
yet authorized.
I. How does today’s action affect Indian
Country (18 U.S.C. 1151) in Illinois?
Illinois 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 Illinois;
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. How does proportionate share
liability affect Illinois’ RCRA Program
Illinois’ RCRA authorities are not
impacted by the proportionate share
liability (PSL) provision of the Illinois
Environmental Protection Act, 415 ILCS
5/58.9(a)(1). Section 58.9(a)(1) provides,
in pertinent part:
‘‘Notwithstanding any other
provisions of this Act to the contrary,
. . . in no event may the Agency, the
State of Illinois, or any person bring an
action pursuant to this Act or the
Groundwater Protection Act to require
any person to conduct remedial action
or to seek recovery of costs for remedial
activity conducted by the State of
Illinois or any person beyond the
remediation of releases of regulated
substances that may be attributed to
being proximately caused by such
person’s act of omission or beyond such
person’s proportionate degree of
responsibility for costs of the remedial
action of releases of regulated
substances that were proximately
caused or contributed to by 2 or more
persons.’’
Section 58.9 is part of Title XVII (Site
Remediation Program) of the Illinois
Environmental Protection Act. Title
XVII does not apply to a particular site
if ‘‘ . . . (ii) the site is a treatment,
storage, or disposal site for which a
permit has been issued, or that is subject
to closure requirements under federal or
state solid or hazardous waste laws’’
(415 ILCS 5/58.1(a)(2)(ii)). Hazardous
waste treatment, storage, and disposal
facilities under Subtitle C of RCRA fall
within the exclusion at section
58.1(a)(2)(ii). These facilities are subject
to closure and post-closure care
requirements under the Act (415 ILCS 5/
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
22.17) and Illinois program rules that
are identical in substance to federal
rules at 40 CFR 264 (35 Ill. Adm. Code
724). The Illinois Appellate Court has
held that the PSL does not apply to sites
that are outside the scope of Title XVII.
People of the State of Illinois v. State
Oil, 822 NE. 2d 876 (Ill. App. 2004).
Therefore the exclusion at Section
58.1(a)(2)(ii) renders Title XVII,
including section 58.9, inapplicable to
sites upon which RCRA regulated
facilities are located. Based on this
exclusion, and as indicated by the
Illinois Attorney General in the
Attorney General Statement included in
the State’s October 19, 2015 final
program revision application, the PSL
provision does not impact the adequacy
of Illinois’ RCRA authorities.
K. What is codification and is EPA
codifying Illinois’ 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. Illinois’ authorized
rules, up to and including those revised
June 3, 1991, have previously been
codified through the incorporation-byreference effective March 31, 1992 (57
FR 3722, January 31, 1992). We reserve
the amendment of 40 CFR part 272,
subpart O for the codification of Illinois’
program changes until a later date.
L. 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 rulemaking 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 rulemaking does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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3. Regulatory Flexibility Act
This proposed 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
rulemaking 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 rulemaking 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
proposed 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 proposed 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).
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This proposed 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 proposed rule is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a
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16:28 Mar 17, 2016
Jkt 238001
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 proposed
rule.
10. Executive Order 12988
As required by Section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this proposed 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 rulemaking 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 rulemaking 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 proposed 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).
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
14813
Dated: February 29, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016–05816 Filed 3–17–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9943–
94–Region 7]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Ellisville Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 7 is issuing a
Notice of Intent to Delete the Callahan
property, Operable Unit 3 (OU3) (Parcel
ID 22U220242) of the Ellisville
Superfund Site (Site) located at 210
Strecker Road in Wildwood, Missouri
(E1⁄2, NW1⁄4, SE1⁄4, S31, T45N, R04E),
from the National Priorities List (NPL)
and requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Missouri, through the
Missouri Department of Natural
Resources (MDNR), have determined
that all appropriate response actions at
the Callahan property, OU3, under
CERCLA, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This partial deletion pertains to all
media (soil and groundwater) of the
Callahan property, OU3 of the Ellisville
Superfund site. The Ellisville Superfund
Bliss property, Operable Unit 2, and the
Rosalie property, Operable Unit 1, will
remain on the NPL and are not being
considered for deletion as part of this
action.
SUMMARY:
Comments must be received on
or before April 18, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Once submitted, comments cannot be
DATES:
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]]>Agencies
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14808-14813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05816]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2015-0555; FRL-9943-72-Region 5]
Illinois: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Illinois 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 Illinois' application with
regards to federal requirements, and is proposing to authorize the
state's changes.
DATES: Comments on this proposed rule must be received on or before
April 18, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2015-0555 by one of the following methods:
https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: westefer.gary@epa.gov.
Mail: Gary Westefer, Illinois Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Gary Westefer, LR-8J, U.S. EPA, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the normal business hours of operation; special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2015-0555. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://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 https://www.regulations.gov or in hard copy. You may
view and copy Illinois' application from 9 a.m. to 4 p.m. at the
following addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson
Boulevard, Chicago, Illinois, contact: Gary Westefer
[[Page 14809]]
(312) 886-7450; or Illinois Environmental Protection Agency, 1021 North
Grand Avenue, East, Springfield, Illinois, contact: Todd Marvel (217)
524-5024.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Illinois 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) of RCRA, 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 Illinois' application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant
Illinois final authorization to operate its hazardous waste program
with the changes described in the authorization application. Illinois
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 Illinois, including
issuing permits, until the state is granted authorization to do so.
C. What will be the effect if Illinois is authorized for these changes?
If Illinois is authorized for these changes, a facility in Illinois
subject to RCRA will have to comply with the authorized state
requirements instead of the corresponding federal requirements in order
to comply with RCRA. Additionally, such facilities will have to comply
with any applicable federal requirements such as, for example, HSWA
regulations issued by the EPA for which the state has not received
authorization. Illinois continues to have enforcement authorities and
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. Conduct inspections which may include but are not limited to
requiring monitoring, tests, analyses and/or reports;
1. Enforce RCRA requirements which may include but are not limited
to suspending, terminating, modifying and/or revoking permits; and
3. Take enforcement actions regardless of whether the state has
taken its own actions.
The action to approve these revisions will not impose additional
requirements on the regulated community because the regulations for
which Illinois is requesting authorization are already effective under
state law, and will not be changed by the act of authorization.
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 Illinois previously been authorized for?
Illinois initially received final authorization effective January
31, 1986 (51 FR 3778, January 30, 1986) to implement the RCRA hazardous
waste management program. Subsequently the EPA granted authorization
for changes to the Illinois program effective March 5, 1988 (53 FR 126,
January 5, 1988); April 30, 1990 (55 FR 7320, March 1, 1990); June 3,
1991 (56 FR 13595, April 3, 1991); August 15, 1994 (59 FR 30525, June
14, 1994); May 14, 1996, (61 FR 10684, March 15, 1996); and October 4,
1996 (61 FR 40520, August 5, 1996).
F. What changes are we proposing with today's action?
On October 19, 2015, Illinois submitted a final program revision
application, seeking authorization of changes in accordance with 40 CFR
271.21. We have determined that Illinois' 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, Illinois'
hazardous waste program revision. We propose to grant Illinois Final
Authorization for the following program changes:
------------------------------------------------------------------------
Description of Federal Federal Register Analogous State
requirement date and page authority
------------------------------------------------------------------------
Universal Waste Rule: General May 11, 1995, 60 35 IAC 703.123;
Provisions, Checklist 142A. FR 25492. 720.101; 721.105;
722.110; 722.111;
724.101; 725.101;
728.101; 733.101;
733.103; 733.105;
733.106; 733.111;
733.112; 733.114;
733.115; 733.116;
733.117; 733.118;
733.119; 733.120;
733.131; 733.132;
733.134; 733.135;
733.136; 733.137;
733.138; 733.139;
733.140; 733.151;
733.152; 733.153;
733.154; 733.155;
733.156; 733.160;
733.161; 733.162;
733.170; Effective
April 15, 1998.
Universal Waste Rule: Specific May 11, 1995, 60 35 IAC 703.123;
Provisions for Batteries, FR 25492. 720.110; 721.106;
Checklist 142B. 721.109; 724.101;
725.101; 726.180;
728.101; 733.102;
733.106;
733.113(a),(b),(c);
733.114;
733.133(a),(b),(c);
733.134; Effective
April 15, 1998.
Universal Waste Rule: Specific May 11, 1995, 60 35 IAC 703.123;
Provisions for Pesticides, FR 25492. 720.110; 721.109;
Checklist 142C. 724.101; 725.101;
728.101; 733.101;
733.103; 733.106;
733.113(a),(b),(c);
733.114; 733.132;
733.133(a),(b),(c);
733.134; Effective
April 15, 1998.
[[Page 14810]]
Universal Waste Rule: Specific May 11, 1995, 60 35 IAC 703.123;
Provisions for Thermostats, FR 25492. 720.110; 721.109;
Checklist 142D. 724.101; 725.101;
728.101; 733.101;
733.104; 733.106;
733.113(a),(b),(c);
733.114;
733.133(a),(b),(c);
733.134; Effective
April 15, 1998.
Universal Waste Rule: May 11, 1995, 60 35 IAC 720.120;
Provisions for Petitions to FR 25492. 720.123; 733.180;
Add a New Universal Waste, 733.181; Effective
Checklist 142E. April 15, 1998.
RCRA Expanded Public December 11, 35 IAC 702.110;
Participation, Checklist 148. 1995, 60 FR 703.183; 703.191;
63417. 703.192; 703.193;
703.220; 703.223;
703.225; 703.232;
703.248; Effective
December 16,1997.
Identification and Listing of March 26, 1996, 35 IAC 721.104;
Hazardous Waste; Amendments 61 FR 13103. Effective December
to Definition of Solid Waste, 16, 1997.
Checklist 150.
Imports and Exports of April 12, 1996, 35 IAC 721.106;
Hazardous Waste, Checklist 61 FR 16290. 722.110; 722.153;
152. 722.156; 722.158;
722.180; 722.181;
722.182; 722.183;
722.184; 722.185;
722.186; 722.187;
722.189; 723.110;
723.120; 724.112;
724.171; 725.112;
725.171; 726.170;
733.120; 733.140;
733.156; 733.170;
Effective December
16, 1997.
Hazardous Waste Treatment, November 25, 35 IAC 702.181;
Storage, and Disposal 1996, 61 FR 703.184; 703.201;
Facilities and Hazardous 59931; November 703.202; 703.203;
Waste Generators; Organic Air 25, 1996, 61 FR 703.213; 720.111;
Emission Standards for Tanks, 59931; December 721.106; 722.134;
Surface Impoundments and 12, 1994, 59 FR 724.113; 724.115;
Containers, Checklist, 154; 62896; May 19, 724.173; 724.177;
as amended: Checklist 154.1; 1995, 60 FR 724.279; 724.300;
as amended: Checklist 154.2; 26828; September 724.332; 724.701;
as amended: Checklist 154.3; 29, 1995, 60 FR 724.930; 724.933;
as amended: Checklist 154.4; 50426; November 724.934; 724.935;
as amended: Checklist 154.5; 13, 1995, 60 FR 724.950; 724.955;
as amended: Checklist 154.6. 56952; February 724.958; 724.964;
9, 1996, 61 FR 724.980; 724.981;
4903; June 5, 724.982; 724.983;
1996, 61 FR 724.984; 724.985;
28508.. 724.986; 724.987;
724.988; 724.989;
724.990; 724.991;
725.101; 725.113;
725.115; 725.173;
725.177; 725.278;
725.302; 725.331;
725.930; 725.933;
725.934; 725.935;
725.950; 725.955;
725.958; 725.964;
725.980; 725.981;
725.982; 725.983;
725.984; 725.985;
725.986; 725.987;
725.988; 725.989;
725.990; 725.991;
725 Appendix F;
Effective September
28, 1998.
Land Disposal Restrictions: January 14, 1997, 35 IAC 728.139;
Phase III--Emergency 62 FR 1992. Effective September
Extension of the K088 28, 1998.
Capacity Variance, Checklist
155.
Land Disposal Restrictions: May 12, 1997, 62 35 IAC 721.104;
Phase IV--Treatment Standards FR 25998. 721.106; 728.101;
for Wood Preserving Wastes, 728.104; 728.107;
Paperwork Reduction and 728.109; 728.130;
Streamlining, Exemptions From 728.140; 728.142;
RCRA for Certain Processed 728.144; 728
Materials and Miscellaneous Appendix F; 728
Hazardous Waste Provisions, Appendix G; 728
Checklist 157. Appendix H;
Effective September
28, 1998.
Hazardous Waste Management June 13, 1997, 62 35 IAC 720.111;
System; Testing and FR 32452. 724.934; 724.963;
Monitoring Activities, 724 Appendix I;
Checklist 158. 725.934; 725.963;
726.204; 726.206;
726.207; 726
Appendix I;
Effective September
28, 1998.
Land Disposal Restrictions: July 14, 1997, 62 35 IAC 728.139;
Phase III--Emergency FR 37694. Effective January
Extension of the K088 19, 1999.
National Capacity Variance,
Checklist 160.
Organic Air Emission Standards December 8, 1997, 35 IAC 703.183;
for Tanks, Surface 62 FR 64636. 724.115; 724.173;
Impoundments and Containers; 724.930; 724.933;
Clarification and Technical 724.950; 724.960;
Amendment, Checklist 163. 724.962; 724.964;
724.980; 724.982;
724.983; 724.984;
724.985; 724.986;
724.987; 724.989;
725.115; 725.173;
725.930; 725.933;
725.950; 725.960;
725.962; 725.964;
725.980; 725.981;
725.982; 725.983;
725.984; 725.985;
725.986; 725.987;
725.988; 725.990;
725 Appendix F;
Effective January
19, 1999.
Kraft Mill Steam Stripper April 15, 1998, 35 IAC 721.104;
Exclusion, Checklist 164. 63 FR 18504. Effective January
19, 1999.
Emergency Revisions of LDR September 9, 35 IAC 728.134;
Treatment Standards, 1998, 63 FR Effective July 26,
Checklist 172. 48124. 1999.
Land Disposal Restrictions September 24, 35 IAC 728.139;
Treatment Standards (Spent 1998, 63 FR 728.140; Effective
Potliners), Checklist 173. 51254. July 26, 1999.
Universal Waste Rule; December 24, 35 IAC 726.180;
Technical Amendment 1998, 63 FR 733.106; Effective
(Conditionally Optional), 71225. July 26, 1999.
Checklist 176.
Organic Air Emission January 21, 1999, 35 IAC 722.134;
Standards, Checklist 177. 64 FR 3381. 724.931; 724.980;
724.983; 724.984;
724.986; 725.980;
725.984; 725.985;
725.987; Effective
January 21, 2000.
Test Procedures for the May 14, 1999, 64 35 IAC 720.111;
Analysis of Oil and Grease FR 26315. Effective January
and Non-Polar Material, 21, 2000.
Checklist 180.
[[Page 14811]]
NESHAPS: Final Standards for September 30, 35 IAC 703.205;
Hazardous Air Pollutants for 1999, 64 FR 703.208; 703.221;
Hazardous Waste Combustors 52827, November 703.232; 703
(MACT Rule), Checklist 182 as 19, 1999, 64 FR Appendix A; 720.110;
amended: Checklist 182.1. 63209. 721.138; 724.440;
724.701; 725.440;
726.200; 726.201;
726.205; 726.212;
726 Appendix H;
Effective June 20,
2000.
Waste Water Treatment Sludges March 8, 2000, 65 35 IAC 722.134;
from Metal Finishing FR 12378. Effective January
Industry; 180 Day 11, 2001.
Accumulation Time, Checklist
184.
Organobromine Production March 17, 2000, 35 IAC 721.132;
Wastes, Checklist 185. 65 FR 14472. 721.133; 721
Appendix G; 721
Appendix H; 728.133;
728.140; 728.148;
Effective January
11, 2001.
NESHAPS: Final Standards for July 10, 2000, 65 35 IAC 703.280;
Hazardous Air Pollutants for FR 42292, May 721.138; 724.440;
Hazardous Waste Combustors, 14, 2001, 66 FR Effective July 9,
Checklist 188 as amended: 24270, July 3, 2001.
Second Technical Correction, 2001, 66 FR
Checklist 188.1 as amended: 35087.
Checklist 188.2..
Chlorinated Aliphatics Listing November 8, 2000, 35 IAC 721.132; 721
and LDRs for Newly Identified 65 FR 67068. Appendix G; 721
Wastes, Checklist 189. Appendix H; 728.133;
728.140; 728.148;
Effective July 9,
2001.
Deferral pf Phase IV Standards December 26, 35 IAC 728.132;
for PCBs as a Constituent 2000, 65 FR 728.148; 728.149;
Subject to Treatment in Soil, 81373. 728 Appendix C;
Checklist 190. Effective July 9,
2001.
Storage, Treatment, May 16, 2001, 66 35 IAC 726.310;
Transportation and Disposal FR 27218. 726.320; 726.325;
of Mixed Waste, Checklist 191. 726.330; 726.335;
726.340; 726.345;
726.350; 726.355;
726.360; 726.405;
726.410; 726.415;
726.420; 726.425;
726.430; 726.435;
726.440; 726.445;
726.450; 726.455;
726.460; Effective
April 22, 2002.
Change of EPA Mailing Address, June 28, 2001, 66 35 IAC 720.111;
Additional Technical FR 34374. Effective April 22,
Amendments and Corrections, 2002.
Checklist 193.
Hazardous Air Pollutant February 13, 35 IAC 703.205;
Standards for Combustors: 2002, 67 FR 6792. 703.208; 703.221;
Interim Standards, Checklist 703.232; 703.320;
197. 724.440; 725.440;
726.200; Effective
February 14, 2003.
Hazardous Air Pollutant February 14, 35 IAC 703.280;
Standards for Combustors; 2002, 67 FR 6968. 726.200; Effective
Corrections, Checklist 198. February 14, 2003.
Land Disposal Restrictions: November 21, 35 IAC 728.140;
National Treatment Variance 2002, 67 FR Effective July 17,
To Designate New Treatment 62618. 2003.
Subcategories for
Radioactively Contaminated
Cadmium-, Mercury-, and
Silver-Containing Batteries,
Checklist 201.
NESHAP: Standards for December 19, 35 IAC 703.205;
Hazardous Air Pollutants for 2002, 67 FR 703.208; 703.221;
Hazardous Waste Combustors-- 77687. 703.232; Effective
Corrections, Checklist 202. July 17, 2003.
NESHAP: Surface Coating of October 26, 2004, 35 IAC 724.950;
Automobiles and Light Duty 69 FR 22601. Effective February
Trucks, Checklist 205. 23, 2006.
Hazardous Waste Management March 4, 2005, 70 35 IAC 720.110;
System; Modification of the FR 10776 June 721.107; 722.120;
Hazardous Waste Manifest 16, 2005, 70 FR 722.121; 722.127;
System, Checklist 207, as 35034. 722.132; 722.133;
Amended: Checklist 207.1. 722.134; 722.154;
722.160; 722
Appendix 8700-22;
733.120; 733.121;
724.170; 724.171;
724.172; 724.176;
725.170; 725.171;
725.172; 725.176;
Effective February
23, 2006.
Standardized Permit for RCRA September 8, 35 IAC 702.101;
Hazardous Waste Management 2005, 70 FR 702.110; 702.120;
Facilities, Checklist 210. 53420. 702,125; 703.125;
703.191; 703.192;
703.238; 703.260;
703.270; 703.272;
703.350; 703.351;
703.352; 703.353;
705.102; 705.128;
705.300; 705.301;
705.302; 705.303;
705.304; 720.110;
720.111; 721.107;
727.100; 727.110;
727.130; 727.150;
727.170; 727.190;
727.210; 727.240;
727.270; 727.290;
727.900; 727
Appendix A;
Effective December
20, 2006.
NESHAP: Final Standards for October 12, 2005, 35 IAC 703.110;
Hazardous Waste Combustors 70 FR 59402. 703.189; 703.205;
(Phase I Final Replacement 703.208; 703.210;
Standards and Phase II), 703.211; 703.221;
Checklist 212. 703.232; 703.241;
703.280; 703.320;
703 Appendix A;
720.111; 724.440;
725.440; 726.200;
Effective December
20, 2006.
------------------------------------------------------------------------
G. Which revised state rules are different from the federal rules?
Illinois has not applied for the federal requirements at 40 CFR
260.21, 264.149, 264.150, 265.149, 265.150, 268.5, 268.6, 268.42(b),
268.44, and 270.3. EPA will continue to implement those requirements.
More Stringent Rules
In 35 IAC 722.122 and 722.123(a)(4), Illinois requires more
manifest copies than the Federal rules. In 35 IAC 724.213(d)(3)
Illinois adds requirements to the contingent corrective measures plan
found in 40 CFR 264.113(e)(4)(i). In 35 IAC 722.141, 724.175 and
725.175, Illinois requires an annual report instead of the biennial
report required in 40 CFR 262.22, 264.75, and 265.75.
[[Page 14812]]
Illinois has added 35 IAC 724.156(i) to facilitate State notification.
In 35 IAC 725.245, Illinois does not allow the extension of time to
submit the financial test and corporate guarantee documents to the
agency as federally allowed in 40 CFR 265.145(e)(4). In 35 IAC 725.414,
Illinois prohibits all liquids in landfills; the federal rules allow
for exceptions in 40 CFR 265.314(f)(1) and (2). Illinois' 35 IAC Part
729 prohibits disposal of certain hazardous wastes in landfills. This
part has no direct equivalent Federal part, but is a counterpart of the
land ban regulations at 40 CFR part 268 and the landfill requirements
at 40 CFR parts 264 and 265. In 35 IAC 728.106(e) Illinois requires at
least a 90 day notice when a facility wants to make changes to unit
design; EPA in 40 CFR 268.6(e) only requires a 30 day notice. In 35 IAC
703.271(e) Illinois adds some additional cases where a permit must be
modified.
Broader in Scope Rules
In 35 IAC 721.103(g), Illinois does not allow the exemption allowed
in the federal rules at 40 CFR 261.3(g)(4). In 35 IAC 739.146, Illinois
adds subsection (a)(6) which covers special waste (35 IAC part 808).
This special waste is not regulated in the RCRA subtitle C program. 35
IAC 739.146(a)(6) adds information requirements. The same requirements
are also added in 35 IAC 739.156, 739.165, and 739.174.
Universal Waste Lamps Rules Not Authorized
Illinois allows Lamp Crushing under its current version of the
Universal Waste Rule (35 IAC 733.105, 733.113(d), 733.133(d), and
733.134(e)), and has not applied for authorization of the Universal
Waste Lamps Rule. In the future, EPA will determine whether to prohibit
crushing of lamps, or decide under what conditions lamp crushing may be
permitted. Until the issue is resolved, no state that allows crushing
may be authorized for the Universal Waste Lamps rule and the Illinois
version of the Universal Waste Lamps Rule is not part of the Illinois
authorized program.
H. Who handles permits after the final authorization takes effect?
Illinois 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 Illinois is not yet authorized.
I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Illinois?
Illinois 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 Illinois;
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. How does proportionate share liability affect Illinois' RCRA Program
Illinois' RCRA authorities are not impacted by the proportionate
share liability (PSL) provision of the Illinois Environmental
Protection Act, 415 ILCS 5/58.9(a)(1). Section 58.9(a)(1) provides, in
pertinent part:
``Notwithstanding any other provisions of this Act to the contrary,
. . . in no event may the Agency, the State of Illinois, or any person
bring an action pursuant to this Act or the Groundwater Protection Act
to require any person to conduct remedial action or to seek recovery of
costs for remedial activity conducted by the State of Illinois or any
person beyond the remediation of releases of regulated substances that
may be attributed to being proximately caused by such person's act of
omission or beyond such person's proportionate degree of responsibility
for costs of the remedial action of releases of regulated substances
that were proximately caused or contributed to by 2 or more persons.''
Section 58.9 is part of Title XVII (Site Remediation Program) of
the Illinois Environmental Protection Act. Title XVII does not apply to
a particular site if `` . . . (ii) the site is a treatment, storage, or
disposal site for which a permit has been issued, or that is subject to
closure requirements under federal or state solid or hazardous waste
laws'' (415 ILCS 5/58.1(a)(2)(ii)). Hazardous waste treatment, storage,
and disposal facilities under Subtitle C of RCRA fall within the
exclusion at section 58.1(a)(2)(ii). These facilities are subject to
closure and post-closure care requirements under the Act (415 ILCS 5/
22.17) and Illinois program rules that are identical in substance to
federal rules at 40 CFR 264 (35 Ill. Adm. Code 724). The Illinois
Appellate Court has held that the PSL does not apply to sites that are
outside the scope of Title XVII. People of the State of Illinois v.
State Oil, 822 NE. 2d 876 (Ill. App. 2004). Therefore the exclusion at
Section 58.1(a)(2)(ii) renders Title XVII, including section 58.9,
inapplicable to sites upon which RCRA regulated facilities are located.
Based on this exclusion, and as indicated by the Illinois Attorney
General in the Attorney General Statement included in the State's
October 19, 2015 final program revision application, the PSL provision
does not impact the adequacy of Illinois' RCRA authorities.
K. What is codification and is EPA codifying Illinois' 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. Illinois' authorized
rules, up to and including those revised June 3, 1991, have previously
been codified through the incorporation-by-reference effective March
31, 1992 (57 FR 3722, January 31, 1992). We reserve the amendment of 40
CFR part 272, subpart O for the codification of Illinois' program
changes until a later date.
L. 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 rulemaking
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 rulemaking does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
[[Page 14813]]
3. Regulatory Flexibility Act
This proposed 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 rulemaking 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 rulemaking 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule.
10. Executive Order 12988
As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed 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 rulemaking 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 rulemaking 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 proposed 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: February 29, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-05816 Filed 3-17-16; 8:45 am]
BILLING CODE 6560-50-P
