Illinois: Proposed Authorization of State Hazardous Waste Management Program Revision, 45834-45839 [2020-15219]
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Proposed Rules
Dated: May 29, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2020–12210 Filed 7–29–20; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2020–0275; FRL–10011–
96–Region 5]
Illinois: Proposed Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Illinois has applied to the
Environmental Protection Agency (EPA)
for final authorization of changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA), as amended. EPA has
reviewed Illinois’ application and has
determined that these changes satisfy all
requirements needed to qualify for final
authorization. Therefore, we are
proposing to authorize the State’s
changes. EPA seeks public comment
prior to taking final action.
DATES: Comments on this proposed rule
must be received by September 14,
2020.
SUMMARY:
Submit your comments by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Email: greenberg.judith@epa.gov.
EPA must receive your comments by
September 14, 2020. Direct your
comments to Docket ID Number EPA–
R05–RCRA–2020–0275. EPA’s policy is
that all comments received will be
included in the public docket without
change and may be made available
online at 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
federal www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
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ADDRESSES:
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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, any form of
encryption, and be free of any defects or
viruses. For additional submission
methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov,
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose 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
electronically in www.regulations.gov.
For alternative access to docket
materials, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Judith Greenberg, RCRA C and D
Section, Land, Chemicals and
Redevelopment Division, LL–17J, U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604; telephone number: (312)
886–4179, email address:
greenberg.judith@epa.gov. The EPA
Region 5 office is open from 9:00 a.m.
to 4:00 p.m., Monday through Friday,
excluding federal holidays and facility
closures due to COVID–19.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs
necessary?
States that 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
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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.
New federal requirements and
prohibitions imposed by federal
regulations that EPA promulgated
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time they take effect in
unauthorized states. Thus, EPA will
implement those requirements and
prohibitions in Illinois, including the
issuance of new permits implementing
those requirements, until the State is
granted authorization to do so.
B. What decisions have we made in this
rule?
On August 7, 2019, Illinois submitted
a complete program revision application
seeking authorization of changes to its
hazardous waste program that
correspond to certain federal rules
promulgated between July 20, 1993 and
January 13, 2015. EPA concludes that
Illinois’ application to revise its
authorized program meets all the
statutory and regulatory requirements
established under RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore,
EPA proposes to grant Illinois final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application, and as outlined below in
Section G of this document.
Illinois has responsibility for
permitting treatment, storage, and
disposal facilities within its borders and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of HSWA, as discussed
above.
C. What will be the effect if Illinois is
authorized for these changes?
If Illinois is authorized for the
changes described in Illinois’
authorization application, these changes
will become a part of the authorized
state hazardous waste program and will
therefore be federally enforceable.
Illinois will continue to have primary
enforcement authority and
responsibility for its state hazardous
waste program. EPA would maintain its
authorities under RCRA sections 3007,
3008, 3013, and 7003, including its
authority to:
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Proposed Rules
• Conduct inspections, and require
monitoring, tests, analyses, and reports;
• Enforce RCRA requirements,
including authorized state program
requirements, and suspend or revoke
permits; and
• 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 EPA is proposing to authorize
Illinois are already effective under state
law and are not changed by today’s
proposed action.
D. What happens if EPA receives
adverse comments on this action?
If EPA receives comments on this
proposed action, we will address all
such comments in a later final rule. You
45835
may not have another opportunity to
comment. If you want to comment on
this authorization, you should do so at
this time.
August 5, 1996); and on March 10, 2017
(82 FR 13256, March 10, 2017).
E. What has Illinois previously been
authorized for?
On August 22, 2019, Illinois
submitted a final complete program
revision application, seeking
authorization of changes to its
hazardous waste management program
in accordance with 40 CFR 271.21. EPA
proposes to determine, subject to receipt
of written comments that oppose this
action, that Illinois’ hazardous waste
program revisions are equivalent to,
consistent with, and no less stringent
than the federal program, and therefore
satisfy all the requirements necessary to
qualify for final authorization.
Therefore, EPA is proposing to
authorize Illinois for the following
program changes:
Illinois initially received Final
Authorization on October 16, 1986,
effective October 30, 1986 (51 FR
36804), to implement the RCRA
hazardous waste management program.
EPA granted authorization for changes
to Illinois’ program on the following
dates: 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); October 4, 1996 (61 FR 40520,
F. What changes are we proposing with
today’s action?
TABLE 1—ILLINOIS’ ANALOGS TO THE FEDERAL REQUIREMENTS
Description of federal requirement
Federal Register and date
125 .....................................
Requirements for Preparation, Adoption, and Submittal of Implementation Plans.
Testing and Monitoring Activities ...............................
58 FR 38816, July 20, 1993 ......................................
Burning of Hazardous Waste in Boilers and Industrial Furnaces.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Wastes from
Wood Surface Protection.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Treatability
Studies Sample Exclusion.
Hazardous Waste Identification and Listing of Hazardous Waste; Recycled Used Oil Management
Standards.
Recordkeeping Instructions ........................................
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Wastes from
Wood Surface Protection; Correction.
Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities, Underground Storage Tanks, and
Underground Injection Control Systems; Financial
Assurance; Letter of Credit.
Hazardous Waste Management System; Correction
of Listing of P015—Beryllium Powder.
Identification and Listing of Hazardous Waste;
Amendments to Definition of Solid Waste.
Standards for the Management of Specific Hazardous Wastes; Amendment to Subpart C—Recyclable Materials Used in a Manner Constituting
Disposal; Final Rule.
Land Disposal Restrictions Phase II—Universal
Treatment Standards, and Treatment Standards
for Organic Toxicity Characteristic Wastes and
Newly Listed Waste.
58 FR 59598, November 9, 1993 ..............................
720.111, 726.204, 726.206, 726 Appendix J (repealed).
702.104, 703.205, 703.223, 703.232, 720.111,
721.122, 721.124, 721 Appendices B and C, 721
Appendix J (repealed), 724.290, 724.414,
728.107, 728.140, 728 Appendices A and I.
726.212, 726 Appendix L.
59 FR 00458, January 4, 1994 ..................................
720.111, 721 Appendix H.
59 FR 08362, February 18, 1994 ...............................
721.104.
59 FR 10550, March 4, 1994 .....................................
739.100, 739.110, 739.120, 739.141, 739.144,
739.146, 739.153, 739.163.
59 FR 13891, March 24, 1994 ...................................
59 FR 28484, June 2, 1994 .......................................
724 Appendix A, 725 Appendix A.
720.111.
59 FR 29958, June 10, 1994 .....................................
724.251.
59 FR 31551, June 20, 1994 .....................................
721.133, 721 Appendix G, 728.142.
59 FR 38536, July 28, 1994 ......................................
721.103, 721.104, 721.106, 726.200.
59 FR 43496, August 24, 1994 ..................................
726.120, 728.141.
59 FR 47982. September 19, 1994, as amended
January 3, 1995, at 60 FR 242.
Hazardous Waste Management System; Testing and
Monitoring Activities—Amendment 1.
Hazardous Waste Management System; Carbamate
Production Identification and Listing of Hazardous
Waste; and CERCLA Hazardous Substance Designation and Reportable Quantities.
Hazardous Waste Management System; Testing and
Monitoring Activities—Amendment 2.
Solid Waste, Hazardous Waste, Oil Discharge, and
Superfund Programs; Removal of Legally Obsolete Rules.
Hazardous Waste Management: Liquids in Landfills
Land Disposal Restrictions Phase III—
Decharacterized Wastewaters, Carbamate
Wastes, and Spent Potliners.
60 FR 03089, January 3, 1995 ..................................
720.130, 720.131, 720.132, 720.133, 721.102,
724.101, 725.101, 726.123, 726.200, 726 Appendix M, 728.101, 728.102, 728.107, 728.109,
728.138, 728.140, 728.141, 728.142, 728.143,
728.145, 728.146, 728.148, 728 Appendix D.
720.111.
126, 126.1 ..........................
127 .....................................
128 .....................................
129 .....................................
130 .....................................
131 .....................................
132 .....................................
133 .....................................
134 .....................................
135 .....................................
136 .....................................
137, 137.1 ..........................
139 .....................................
140, 140.1, 140.2 ...............
141 .....................................
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Analogous state authority: Subtitle G: Waste Disposal, 35 Ill. Adm. Code (IAC)
Rule checklist
144 .....................................
145 .....................................
151, 151.1, 151.2, 151.3,
151.4, 151.5, 151.6.
153 .....................................
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Criteria for Classification of Solid Waste Disposal
Facilities and Practices; Identification and Listing
of Hazardous Waste; Requirements for Authorization of State Hazardous Waste Programs.
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58 FR 46040, August 31, 1993, as amended September 19, 1994 at 59 FR 47980.
60 FR 07824, February 9, 1995, as amended April
17, 1995 at 60 FR 19165; and May 12, 1995, at
60 FR 25619.
721.103, 721.132, 721.133, 721 Appendices G and
H.
60 FR 17001, April 4, 1995 ........................................
721.111.
60 FR 33912, June 29, 1995 .....................................
702.110, 702.120, 721.131, 726.203, 726.204.
60 FR 35703, July 11, 1995 ......................................
61 FR 15566, April 8, 1996; as amended April 8,
1996, at 61 FR 15660; April 30, 1996 at 61 FR
19117; June 28, 1996, at 61 FR 33680; July 10,
1996, at 61 FR 36419; August 26, 1996, at 61 FR
43924; and February 19, 1997, at 62 FR 7502.
61 FR 34252, July 1, 1996 .........................................
724.414, 725.414.
728.101, 728.102, 728.103, 728.107, 728.108 (repealed). 728.109, 728.139, 728.140, 728.142,
728.144, 728.148, 728 Appendix K.
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722.114.
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Proposed Rules
TABLE 1—ILLINOIS’ ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Rule checklist
Federal Register and date
156 .....................................
Military Munitions Rule: Hazardous Waste Identifica- 62 FR 06622, February 12, 1997 ...............................
tion and Management; Explosives Emergencies;
Manifest Exemption for Transport of Hazardous
Waste on Right-of-Ways on Contiguous Properties.
159 .....................................
Hazardous Waste Management System; Carbamate
Production, Identification and Listing of Hazardous
Waste; Land Disposal Restrictions.
Second Emergency Revision of the Land Disposal
Restrictions (LDR) Treatment Standards for Listed
Hazardous Wastes from Carbamate Production.
Recycled Used Oil Management Standards; Technical Correction and Clarification.
Land Disposal Restrictions Phase IV—Treatment
Standards for Metal Wastes and Mineral Processing Wastes.
Land Disposal Restrictions Phase IV—Hazardous
Soils Treatment Standards and Exclusions.
Land Disposal Restrictions Phase IV—Corrections ...
62 FR 32974, June 17, 1997 .....................................
Mineral Processing Secondary Materials Exclusion ..
Bevill Exclusion Revisions and Clarification ...............
Exclusion of Recycled Wood Preserving
Wastewaters.
Petroleum Refining Process .......................................
63 FR 28556, May 26, 1998 ......................................
63 FR 28556, May 26, 1998 ......................................
63 FR 28556, May 26, 1998 ......................................
Land Disposal Restrictions—Phase IV ......................
Emergency Provisions of the Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Wastes from Carbamate Production.
Standards Applicable to Owners and Operators of
Closed/Closing Facilities.
63 FR 46332, August 31, 1998 ..................................
63 FR 47409, September 4, 1998 .............................
175 .....................................
Hazardous Remediation Waste Management Requirements (HWIR-Media).
63 FR 65874, November 30, 1998 ............................
178 .....................................
179 .....................................
Petroleum Refining Process Wastes ..........................
Land Disposal Restrictions Phase IV—Technical
Corrections and Clarifications to Treatment Standards.
Land Disposal Restrictions Phase IV—Technical
Corrections.
Organobromine Production Waste and Petroleum
Refining Process Waste: Technical Correction.
Mixture and Derived-From Rules Revisions ..............
Land Disposal Restrictions Correction .......................
Correction to the Hazardous Waste Identification
Rule (HWIR): Revisions to the Mixture and Derived-From Rules.
Inorganic Chemical Manufacturing Wastes Identification and Listing.
CAMU Amendments ...................................................
Vacatur of Mineral Processing Spent Materials Being
Reclaimed as Solid Wastes and TCLP Use with
MGP Waste.
Non-wastewaters from Dyes and Pigments ...............
64 FR 06806, February 11, 1999 ...............................
64 FR 25408, May 11, 1999 ......................................
161 .....................................
166, 166.1 ..........................
167A ...................................
167B ...................................
167C, 167C.1 .....................
167D ...................................
167E ...................................
167F ...................................
169 .....................................
170 .....................................
171 .....................................
174 .....................................
183 .....................................
187 .....................................
192A ...................................
192B ...................................
194 .....................................
195, 195.1 ..........................
196 .....................................
199 .....................................
206, 206.1 ..........................
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Description of federal requirement
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Analogous state authority: Subtitle G: Waste Disposal, 35 Ill. Adm. Code (IAC)
703.121, 703.280, 720.110, 721.102, 722,110,
722.120, 723.110, 724.101, 724.170, 724.1200,
724.1201, 724.1202, 725.101, 725.170, 725.1200,
725.1202, 726.300, 726.301, 726.302, 726.303,
726.304, 726.305, 726.306.
721.132, 721.133, 721 Appendices G and H,
728.139, 728.140.
62 FR 45568, August 28, 1998 ..................................
728.140, 728.148.
63 FR 24963, May 6, 1998, as amended July 14,
1998, at 63 FR 37780.
63 FR 28556, May 26, 1998 ......................................
721.106, 722.113, 739.110, 739.122, 739.145,
739.154, 739.164, 739.174.
728.102, 728.103, 728.134, 728.140, 728.148.
63 FR 28556, May 26, 1998 ......................................
728.102, 728.107, 728.144, 728.149.
63 FR 28556, May 26, 1998 ......................................
728.104, 728.107, 728.140, 728.142, 728.145,
728.148, 728 Appendices G and H.
721.102, 721.104.
721.103, 721.104.
721.104.
63 FR 42110, August 6, 1998 ....................................
63 FR 56710, October 22, 1998 ................................
64 FR 56469, October 20, 1999 ................................
721.103, 721.104, 721.106, 721.131, 721.132, 721
Appendix G, 726.200, 728.135, 728.140.
728.140.
728.140, 728.148.
703.121, 703.161, 703.182, 703.214, 724.190,
724.210, 724.212, 724.218, 724.240, 725.190,
725.210, 725.212, 725.218, 725.221, 725.240.
702.110, 702.126, 703.157, 703.234, 703.300,
703.301, 703.302, 703.303, 703.304, 703.305,
703.306, 703 Appendix A, 720.110, 721.104,
724.101, 724.173, 724.201, 724.652, 724.653,
724.654, 725.101, 728.102, 728.150.
721.104.
721.102, 721.104, 722.134, 728.102, 728.107,
728.109, 728.140, 728.148, 728.149.
721.132, 722.134. 728.107, 728.140, 728.149.
65 FR 36365, June 8, 2000 .......................................
721.131, 728 Appendix G.
66 FR 27266, May 16, 2001 ......................................
66 FR 27266, May 16, 2001 ......................................
66 FR 50332, October 3, 2001 ..................................
721.103.
728 Appendix G.
721.103.
66 FR 58258, November 20, 2001, as amended
April 9, 2002, at 67 FR 17119.
67 FR 02962, January 22, 2002 ................................
67 FR 11251, March 13, 2002 ...................................
721.104, 721.132, 721 Appendix G, 728.136,
728.140.
720.110, 724.650, 724.651, 724.652.
721.102, 721.104, 721.124.
70 FR 09138, February 24, 2005, as amended June
13, 2005, at 70 FR 35032.
721.104, 721.132, 721 Appendices G and H,
728.120, 728.140, 728.148.
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TABLE 1—ILLINOIS’ ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Rule checklist
Description of federal requirement
Federal Register and date
Analogous state authority: Subtitle G: Waste Disposal, 35 Ill. Adm. Code (IAC)
214 .....................................
CFR Corrections Rule I ..............................................
71 FR 40254, July 14, 2006 ......................................
220 .....................................
Academic Laboratories Generator Standards, Alternative for Hazardous Determination and Accumulation.
73 FR 72912, December 1, 2008 ..............................
226 .....................................
75 FR 79304, December 20, 2010 ............................
233A ...................................
233B ...................................
233C ...................................
233D1 .................................
Technical Corrections to the Generator Standards
for Academic Laboratories.
Revisions to the Definition of Solid Waste .................
Revisions to the Definition of Solid Waste .................
Revisions to the Definition of Solid Waste .................
Revisions to the Definition of Solid Waste .................
702.101, 702.110, 702.122, 702.123, 702.124,
702.126, 702.163, 703.153, 703.180, 703.181,
703.184, 703.186, 703.203, 703.204, 703.206,
703.212, 703.273, 703 Appendix A, 720.110,
720.122, 720.140, 720.141, 721.102, 721.103,
721.104, 721.106, 721.121, 721.124, 721.131,
721.132, 721.133, 721.138, 721 Appendices G
and H, 722.134, 722.153, 722.156, 722.170,
722.181, 722.182, 722.183, 722.184, 722.187,
724.101, 724.113, 724.117, 724.118, 724.197,
724.198, 724.199, 724.201, 724.211, 724.212,
724.215, 724.216, 724.218, 724.219, 724.240,
724.242, 724.243, 724.245, 724.247, 724.251,
724.275, 724.293, 724.321, 724.323, 724.326,
724.351, 724.352, 724.359, 724.380, 724.383,
724.401, 724.402, 724.404, 724.414, 724.417,
724.444, 724.652, 724.653, 724.654, 724.655,
724.673, 724.700, 724.701, 724.930, 724.933,
724.934, 724.935, 724.950, 724.958, 724.964,
724.980, 724.990, 724.1101, 724.1102, 724 Appendix A, 725.101, 725.112, 725.114, 725.116,
725.119, 725.156, 725.190, 725.211, 725.212,
725.213, 725.217, 725.219, 725.240, 724.242,
725.245, 725.247, 725.274, 725.293, 725.294,
725.297, 725.301, 725.321, 725.324, 725.328,
725.329, 725.355, 725.359, 725.380, 725.381,
725.401, 725.402, 725.403, 725.412, 725.414,
725.416, 725.505, 725.541, 725.543, 725.545,
725.933, 725.935, 725.963, 725.980, 725.985,
725.987, 725.990, 725.1100, 725.1101, 725 Appendices A, E, and F, 726.106, 726.170, 726.180,
726.200, 726.202, 726.203, 726.209, 726 Appendices C, D, E, F, H, I, and M, 727.240, 728.102,
728.104, 728.106, 728.107, 728.114, 728.140,
728.142, 728.144, 728.145, 728.149, 728.150,
728 Appendix H, 733.109, 733.113, 733.114,
733.134, 739.101, 739.110, 739.111, 739.143,
739.144, 739.145, 739.152, 739.155, 739.156,
739.157, 739.159, 739.163, 739.164, 739.170.
722.110, 722.113, 722.300, 722.301, 722.302,
722.303, 722.304, 722.305, 722.306, 722.307,
722.308, 722.309, 722.310, 722.311, 722.312,
722.313, 722.314, 722.315, 722.316.
722.300, 722.306, 722.314, 726.312.
233E ...................................
Revisions to the Definition of Solid Waste .................
80 FR 1694, January 13, 2015 ..................................
80
80
80
80
FR
FR
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1694,
1694,
1694,
1694,
January
January
January
January
13,
13,
13,
13,
2015
2015
2015
2015
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Illinois’ application included a
statement signed by the Attorney
General’s office on February 15, 2019,
that certified, among other things, that
the provisions for which the State is
seeking authorization are contained in
statutes and regulations lawfully
adopted and which were in effect at the
time the statement was signed.
stringent requirements can be federally
authorized and, once authorized,
become federally enforceable. Although
the statute does not prevent states from
adopting regulations that are broader in
scope than the federal program, states
cannot receive federal authorization for
such regulations, and they are not
federally enforceable.
G. Where are the revised state rules
different from the federal rules?
When revised state rules differ from
the federal rules in the RCRA state
authorization process, EPA determines
whether the state rules are equivalent to,
more stringent than, or broader in scope
than the federal program. Pursuant to
Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain
requirements that are more stringent
than the federal regulations. Such more
More Stringent Rules
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EPA considers the following state
requirements to be more stringent than
the federal requirements:
• 35 IAC 722.122 and 722.123(a)(4),
because 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).
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720.131, 720.133, 720.142.
720.110, 720.143, 721.102.
721.101.
720.110, 720.130, 720.131, 720.134, 721.101,
721.102, 721.104, 721.500, 721.510, 721.511,
721.520.
720.110, 721.102, 721.104, 721.270, 721.271,
721.272, 721.273, 721.275, 721.276, 721.277,
721.279, 721.290, 721.291, 721.293, 721.294,
721.296, 721.297, 721.298, 721.299, 721.300,
721.930, 721.931, 721.933, 721.950, 721.951,
721.980, 721.981, 721.982, 721.983, 721.986,
721.989.
• 35 IAC 722.141, 724.175, and
725.175, because Illinois requires an
annual report instead of the biennial
report required in 40 CFR 262.22,
264.75, and 265.75.
• 35 IAC 724.156(i), because Illinois
has added this provision to facilitate
state notification.
• 35 IAC 725.245, because 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).
• 35 IAC 725.414, because Illinois
prohibits all liquids in landfills;
whereas the federal rules allow for
exceptions in 40 CFR 265.314(f)(1) and
(2).
• 35 IAC Part 729, because Illinois
prohibits disposal of certain hazardous
wastes in landfills. This part has no
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directly equivalent federal part, but it is
a counterpart of the land ban regulations
at 40 CFR part 268 and the landfill
requirements at 40 CFR parts 264 and
265.
• 35 IAC 728.106(e), because Illinois
requires at least a 90-day notice when a
facility wants to make changes to unit
design; whereas EPA in 40 CFR 268.6(e)
only requires a 30-day notice.
• 35 IAC 703.271(e), because Illinois
adds some additional cases where a
permit must be modified.
These requirements would become
part of Illinois’ authorized program and
would be federally enforceable.
Broader in Scope Rules
EPA also considers the following state
requirements to go beyond the scope of
the federal program:
• 35 IAC 721.103(g), because Illinois
does not allow the exemption allowed
in the federal rules at 40 CFR
261.3(g)(4), for certain mixtures.
• 35 IAC 739.146, because Illinois
adds subsection (a)(6) which covers
special waste (35 IAC Part 808) not
regulated in the RCRA subtitle C
program.
• 35 IAC 739.146(a)(6), 739.156(a)(7),
739.165(a)(7), and 739.174(a)(7),
because Illinois has added information
requirements for special wastes.
Broader-in-scope requirements do not
become part of the authorized program
and EPA cannot enforce them. Although
regulated entities must comply with
these requirements in accordance with
state law, they are not RCRA
requirements.
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Nondelegable Rules
EPA cannot authorize the federal
requirements at 40 CFR 260.21, 268.5,
268.6, 268.42(b), and 268.44. Although
Illinois has adopted these requirements
verbatim from the federal regulations at
35 IAC 720.121, 728.105, 728.106,
728.142(b), and 728.144, EPA would
continue to implement the federal
requirements.
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
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Rule is not part of the Illinois
authorized program.
H. Who handles permits after the final
authorization takes effect?
When 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. EPA will not issue
any 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. EPA has the authority to
enforce state-issued permits after the
State is authorized.
I. 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
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are identical in substance to federal
rules at 40 CFR part 264 (35 IAC 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.
J. What is codification and is EPA
codifying Illinois’ hazardous waste
program as authorized in this rule?
Codification is the process of placing
citations and references to the state’s
statutes and regulations that comprise
the state’s authorized hazardous waste
program into the Code of Federal
Regulations. EPA does this by adding
those citations and references to the
authorized state rules in 40 CFR part
272. EPA previously codified Illinois’
authorized program in effect as of June
3, 1991, at 40 CFR part 272, subpart O
(See 57 FR 3722, January 31, 1992). EPA
is not proposing to amend the
codification of the authorization of
Illinois’ changes at this time. However,
EPA reserves the ability to amend 40
CFR part 272, subpart O for the
authorization of Illinois’ program at a
later date.
K. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action proposes to authorize
state requirements for the purpose of
RCRA section 3006 and imposes no
additional requirements beyond those
imposed by state law. Therefore, this
action is not subject to review by OMB.
This action is not an Executive Order
13771 (82 FR 9339, February 3, 2017)
regulatory action because actions such
as today’s proposed authorization of
Illinois’ revised hazardous waste
program under RCRA are exempted
under Executive Order 12866.
Accordingly, I certify that this action
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.). Because this
action proposes to authorize pre-
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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 (2 U.S.C. 1531–
1538). For the same reason, this action
also does not significantly or uniquely
affect the communities of tribal
governments, as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000). This action will not have
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, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
proposes to authorize state requirements
as part of the state RCRA hazardous
waste program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
health or safety risks. This action is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA section 3006(b), EPA
grants a state’s application for
authorization as long as the state meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a state
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies 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. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in
proposing 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. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
this action in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
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16:16 Jul 29, 2020
Jkt 250001
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
‘‘Burden’’ is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this action proposes
authorization of pre-existing state rules
which are at least equivalent to, and no
less stringent than existing federal
requirements, and imposes no
additional requirements beyond those
imposed by state law, and there are no
anticipated significant adverse human
health or environmental effects, this
proposed rule is not subject to Executive
Order 12898.
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
requirement.
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: July 9, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020–15219 Filed 7–29–20; 8:45 am]
BILLING CODE 6560–50–P
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45839
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2018–0092;
FF09E21000 FXES11110900000 201]
RIN 1018–BC28
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
With Section 4(d) Rule for Neuse River
Waterdog and Endangered Status for
Carolina Madtom and Designations of
Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; revisions and
reopening of comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the comment period on our
May 22, 2019, proposed rule to list the
Carolina madtom (Noturus furiosus) as
an endangered species and the Neuse
River waterdog (Necturus lewisi) as a
threatened species with a section 4(d)
rule, and to designate critical habitat for
both species under the Endangered
Species Act of 1973, as amended (Act).
In this document, we present revisions
to the section 4(d) rule language and to
the critical habitat designation we
proposed for the Neuse River waterdog
on May 22, 2019. We now propose to
designate a total of 779 miles (1,254
kilometers) as critical habitat for the
Neuse River waterdog across 18 units
within portions of 18 counties in North
Carolina. This amounts to an increase of
41 miles (66 kilometers) in the proposed
critical habitat designation for that
species. We are reopening the comment
period to allow all interested parties the
opportunity to comment on the May 22,
2019, proposed rule, as well as the
revisions described in this document.
Comments previously submitted need
not be resubmitted, as they will be fully
considered in preparation of the final
rule.
DATES: The comment period for the
proposed rule published May 22, 2019,
at 84 FR 23644, is reopened. So that we
can fully consider your comments in
our final determination, submit them on
or before August 31, 2020. Comments
submitted electronically using the
Federal eRulemaking Portal (see
ADDRESSES, below) must be received by
11:59 p.m. Eastern Time on the closing
date.
ADDRESSES: Document availability: You
may obtain copies of the May 22, 2019,
proposed rule and associated
documents on the internet at https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Proposed Rules]
[Pages 45834-45839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15219]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2020-0275; FRL-10011-96-Region 5]
Illinois: Proposed Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Illinois has applied to the Environmental Protection Agency
(EPA) for final authorization of changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA), as amended.
EPA has reviewed Illinois' application and has determined that these
changes satisfy all requirements needed to qualify for final
authorization. Therefore, we are proposing to authorize the State's
changes. EPA seeks public comment prior to taking final action.
DATES: Comments on this proposed rule must be received by September 14,
2020.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Email: [email protected].
EPA must receive your comments by September 14, 2020. Direct your
comments to Docket ID Number EPA-R05-RCRA-2020-0275. EPA's policy is
that all comments received will be included in the public docket
without change and may be made available online at 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 federal
www.regulations.gov website 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, any form of
encryption, and be free of any defects or viruses. For additional
submission methods, the full EPA public comment policy, information
about CBI or multi-media submissions, and general guidance on making
effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov, index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose 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 electronically in
www.regulations.gov. For alternative access to docket materials, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Judith Greenberg, RCRA C and D
Section, Land, Chemicals and Redevelopment Division, LL-17J, U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604; telephone number: (312) 886-4179, email address:
[email protected]. The EPA Region 5 office is open from 9:00
a.m. to 4:00 p.m., Monday through Friday, excluding federal holidays
and facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States that 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.
New federal requirements and prohibitions imposed by federal
regulations that EPA promulgated pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized states at the
same time they take effect in unauthorized states. Thus, EPA will
implement those requirements and prohibitions in Illinois, including
the issuance of new permits implementing those requirements, until the
State is granted authorization to do so.
B. What decisions have we made in this rule?
On August 7, 2019, Illinois submitted a complete program revision
application seeking authorization of changes to its hazardous waste
program that correspond to certain federal rules promulgated between
July 20, 1993 and January 13, 2015. EPA concludes that Illinois'
application to revise its authorized program meets all the statutory
and regulatory requirements established under RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA proposes to grant Illinois final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section G of this
document.
Illinois has responsibility for permitting treatment, storage, and
disposal facilities within its borders and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of HSWA, as discussed above.
C. What will be the effect if Illinois is authorized for these changes?
If Illinois is authorized for the changes described in Illinois'
authorization application, these changes will become a part of the
authorized state hazardous waste program and will therefore be
federally enforceable. Illinois will continue to have primary
enforcement authority and responsibility for its state hazardous waste
program. EPA would maintain its authorities under RCRA sections 3007,
3008, 3013, and 7003, including its authority to:
[[Page 45835]]
Conduct inspections, and require monitoring, tests,
analyses, and reports;
Enforce RCRA requirements, including authorized state
program requirements, and suspend or revoke permits; and
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 EPA is proposing
to authorize Illinois are already effective under state law and are not
changed by today's proposed action.
D. What happens if EPA receives adverse comments on this action?
If EPA receives comments on this proposed action, we will address
all such comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.
E. What has Illinois previously been authorized for?
Illinois initially received Final Authorization on October 16,
1986, effective October 30, 1986 (51 FR 36804), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Illinois' program on the following dates: 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);
October 4, 1996 (61 FR 40520, August 5, 1996); and on March 10, 2017
(82 FR 13256, March 10, 2017).
F. What changes are we proposing with today's action?
On August 22, 2019, Illinois submitted a final complete program
revision application, seeking authorization of changes to its hazardous
waste management program in accordance with 40 CFR 271.21. EPA proposes
to determine, subject to receipt of written comments that oppose this
action, that Illinois' hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the federal program,
and therefore satisfy all the requirements necessary to qualify for
final authorization. Therefore, EPA is proposing to authorize Illinois
for the following program changes:
Table 1--Illinois' Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
Analogous state
Description of federal Federal Register and authority: Subtitle G:
Rule checklist requirement date Waste Disposal, 35 Ill.
Adm. Code (IAC)
----------------------------------------------------------------------------------------------------------------
125.............................. Requirements for 58 FR 38816, July 20, 720.111, 726.204,
Preparation, Adoption, 1993. 726.206, 726 Appendix J
and Submittal of (repealed).
Implementation Plans.
126, 126.1....................... Testing and Monitoring 58 FR 46040, August 31, 702.104, 703.205,
Activities. 1993, as amended 703.223, 703.232,
September 19, 1994 at 720.111, 721.122,
59 FR 47980. 721.124, 721 Appendices
B and C, 721 Appendix J
(repealed), 724.290,
724.414, 728.107,
728.140, 728 Appendices
A and I.
127.............................. Burning of Hazardous 58 FR 59598, November 9, 726.212, 726 Appendix L.
Waste in Boilers and 1993.
Industrial Furnaces.
128.............................. Hazardous Waste 59 FR 00458, January 4, 720.111, 721 Appendix H.
Management System; 1994.
Identification and
Listing of Hazardous
Waste; Wastes from Wood
Surface Protection.
129.............................. Hazardous Waste 59 FR 08362, February 721.104.
Management System; 18, 1994.
Identification and
Listing of Hazardous
Waste; Treatability
Studies Sample Exclusion.
130.............................. Hazardous Waste 59 FR 10550, March 4, 739.100, 739.110,
Identification and 1994. 739.120, 739.141,
Listing of Hazardous 739.144, 739.146,
Waste; Recycled Used Oil 739.153, 739.163.
Management Standards.
131.............................. Recordkeeping 59 FR 13891, March 24, 724 Appendix A, 725
Instructions. 1994. Appendix A.
132.............................. Hazardous Waste 59 FR 28484, June 2, 720.111.
Management System; 1994.
Identification and
Listing of Hazardous
Waste; Wastes from Wood
Surface Protection;
Correction.
133.............................. Standards Applicable to 59 FR 29958, June 10, 724.251.
Owners and Operators of 1994.
Hazardous Waste
Treatment, Storage, and
Disposal Facilities,
Underground Storage
Tanks, and Underground
Injection Control
Systems; Financial
Assurance; Letter of
Credit.
134.............................. Hazardous Waste 59 FR 31551, June 20, 721.133, 721 Appendix G,
Management System; 1994. 728.142.
Correction of Listing of
P015--Beryllium Powder.
135.............................. Identification and 59 FR 38536, July 28, 721.103, 721.104,
Listing of Hazardous 1994. 721.106, 726.200.
Waste; Amendments to
Definition of Solid
Waste.
136.............................. Standards for the 59 FR 43496, August 24, 726.120, 728.141.
Management of Specific 1994.
Hazardous Wastes;
Amendment to Subpart C--
Recyclable Materials
Used in a Manner
Constituting Disposal;
Final Rule.
137, 137.1....................... Land Disposal 59 FR 47982. September 720.130, 720.131,
Restrictions Phase II-- 19, 1994, as amended 720.132, 720.133,
Universal Treatment January 3, 1995, at 60 721.102, 724.101,
Standards, and Treatment FR 242. 725.101, 726.123,
Standards for Organic 726.200, 726 Appendix
Toxicity Characteristic M, 728.101, 728.102,
Wastes and Newly Listed 728.107, 728.109,
Waste. 728.138, 728.140,
728.141, 728.142,
728.143, 728.145,
728.146, 728.148, 728
Appendix D.
139.............................. Hazardous Waste 60 FR 03089, January 3, 720.111.
Management System; 1995.
Testing and Monitoring
Activities--Amendment 1.
140, 140.1, 140.2................ Hazardous Waste 60 FR 07824, February 9, 721.103, 721.132,
Management System; 1995, as amended April 721.133, 721 Appendices
Carbamate Production 17, 1995 at 60 FR G and H.
Identification and 19165; and May 12,
Listing of Hazardous 1995, at 60 FR 25619.
Waste; and CERCLA
Hazardous Substance
Designation and
Reportable Quantities.
141.............................. Hazardous Waste 60 FR 17001, April 4, 721.111.
Management System; 1995.
Testing and Monitoring
Activities--Amendment 2.
144.............................. Solid Waste, Hazardous 60 FR 33912, June 29, 702.110, 702.120,
Waste, Oil Discharge, 1995. 721.131, 726.203,
and Superfund Programs; 726.204.
Removal of Legally
Obsolete Rules.
145.............................. Hazardous Waste 60 FR 35703, July 11, 724.414, 725.414.
Management: Liquids in 1995.
Landfills.
151, 151.1, 151.2, 151.3, 151.4, Land Disposal 61 FR 15566, April 8, 728.101, 728.102,
151.5, 151.6. Restrictions Phase III-- 1996; as amended April 728.103, 728.107,
Decharacterized 8, 1996, at 61 FR 728.108 (repealed).
Wastewaters, Carbamate 15660; April 30, 1996 728.109, 728.139,
Wastes, and Spent at 61 FR 19117; June 728.140, 728.142,
Potliners. 28, 1996, at 61 FR 728.144, 728.148, 728
33680; July 10, 1996, Appendix K.
at 61 FR 36419; August
26, 1996, at 61 FR
43924; and February 19,
1997, at 62 FR 7502.
153.............................. Criteria for 61 FR 34252, July 1, 722.114.
Classification of Solid 1996.
Waste Disposal
Facilities and
Practices;
Identification and
Listing of Hazardous
Waste; Requirements for
Authorization of State
Hazardous Waste Programs.
[[Page 45836]]
156.............................. Military Munitions Rule: 62 FR 06622, February 703.121, 703.280,
Hazardous Waste 12, 1997. 720.110, 721.102,
Identification and 722,110, 722.120,
Management; Explosives 723.110, 724.101,
Emergencies; Manifest 724.170, 724.1200,
Exemption for Transport 724.1201, 724.1202,
of Hazardous Waste on 725.101, 725.170,
Right-of-Ways on 725.1200, 725.1202,
Contiguous Properties. 726.300, 726.301,
726.302, 726.303,
726.304, 726.305,
726.306.
159.............................. Hazardous Waste 62 FR 32974, June 17, 721.132, 721.133, 721
Management System; 1997. Appendices G and H,
Carbamate Production, 728.139, 728.140.
Identification and
Listing of Hazardous
Waste; Land Disposal
Restrictions.
161.............................. Second Emergency Revision 62 FR 45568, August 28, 728.140, 728.148.
of the Land Disposal 1998.
Restrictions (LDR)
Treatment Standards for
Listed Hazardous Wastes
from Carbamate
Production.
166, 166.1....................... Recycled Used Oil 63 FR 24963, May 6, 721.106, 722.113,
Management Standards; 1998, as amended July 739.110, 739.122,
Technical Correction and 14, 1998, at 63 FR 739.145, 739.154,
Clarification. 37780. 739.164, 739.174.
167A............................. Land Disposal 63 FR 28556, May 26, 728.102, 728.103,
Restrictions Phase IV-- 1998. 728.134, 728.140,
Treatment Standards for 728.148.
Metal Wastes and Mineral
Processing Wastes.
167B............................. Land Disposal 63 FR 28556, May 26, 728.102, 728.107,
Restrictions Phase IV-- 1998. 728.144, 728.149.
Hazardous Soils
Treatment Standards and
Exclusions.
167C, 167C.1..................... Land Disposal 63 FR 28556, May 26, 728.104, 728.107,
Restrictions Phase IV-- 1998. 728.140, 728.142,
Corrections. 728.145, 728.148, 728
Appendices G and H.
167D............................. Mineral Processing 63 FR 28556, May 26, 721.102, 721.104.
Secondary Materials 1998.
Exclusion.
167E............................. Bevill Exclusion 63 FR 28556, May 26, 721.103, 721.104.
Revisions and 1998.
Clarification.
167F............................. Exclusion of Recycled 63 FR 28556, May 26, 721.104.
Wood Preserving 1998.
Wastewaters.
169.............................. Petroleum Refining 63 FR 42110, August 6, 721.103, 721.104,
Process. 1998. 721.106, 721.131,
721.132, 721 Appendix
G, 726.200, 728.135,
728.140.
170.............................. Land Disposal 63 FR 46332, August 31, 728.140.
Restrictions--Phase IV. 1998.
171.............................. Emergency Provisions of 63 FR 47409, September 728.140, 728.148.
the Land Disposal 4, 1998.
Restrictions (LDR)
Treatment Standards for
Listed Hazardous Wastes
from Carbamate
Production.
174.............................. Standards Applicable to 63 FR 56710, October 22, 703.121, 703.161,
Owners and Operators of 1998. 703.182, 703.214,
Closed/Closing 724.190, 724.210,
Facilities. 724.212, 724.218,
724.240, 725.190,
725.210, 725.212,
725.218, 725.221,
725.240.
175.............................. Hazardous Remediation 63 FR 65874, November 702.110, 702.126,
Waste Management 30, 1998. 703.157, 703.234,
Requirements (HWIR- 703.300, 703.301,
Media). 703.302, 703.303,
703.304, 703.305,
703.306, 703 Appendix
A, 720.110, 721.104,
724.101, 724.173,
724.201, 724.652,
724.653, 724.654,
725.101, 728.102,
728.150.
178.............................. Petroleum Refining 64 FR 06806, February 721.104.
Process Wastes. 11, 1999.
179.............................. Land Disposal 64 FR 25408, May 11, 721.102, 721.104,
Restrictions Phase IV-- 1999. 722.134, 728.102,
Technical Corrections 728.107, 728.109,
and Clarifications to 728.140, 728.148,
Treatment Standards. 728.149.
183.............................. Land Disposal 64 FR 56469, October 20, 721.132, 722.134.
Restrictions Phase IV-- 1999. 728.107, 728.140,
Technical Corrections. 728.149.
187.............................. Organobromine Production 65 FR 36365, June 8, 721.131, 728 Appendix G.
Waste and Petroleum 2000.
Refining Process Waste:
Technical Correction.
192A............................. Mixture and Derived-From 66 FR 27266, May 16, 721.103.
Rules Revisions. 2001.
192B............................. Land Disposal 66 FR 27266, May 16, 728 Appendix G.
Restrictions Correction. 2001.
194.............................. Correction to the 66 FR 50332, October 3, 721.103.
Hazardous Waste 2001.
Identification Rule
(HWIR): Revisions to the
Mixture and Derived-From
Rules.
195, 195.1....................... Inorganic Chemical 66 FR 58258, November 721.104, 721.132, 721
Manufacturing Wastes 20, 2001, as amended Appendix G, 728.136,
Identification and April 9, 2002, at 67 FR 728.140.
Listing. 17119.
196.............................. CAMU Amendments.......... 67 FR 02962, January 22, 720.110, 724.650,
2002. 724.651, 724.652.
199.............................. Vacatur of Mineral 67 FR 11251, March 13, 721.102, 721.104,
Processing Spent 2002. 721.124.
Materials Being
Reclaimed as Solid
Wastes and TCLP Use with
MGP Waste.
206, 206.1....................... Non-wastewaters from Dyes 70 FR 09138, February 721.104, 721.132, 721
and Pigments. 24, 2005, as amended Appendices G and H,
June 13, 2005, at 70 FR 728.120, 728.140,
35032. 728.148.
[[Page 45837]]
214.............................. CFR Corrections Rule I... 71 FR 40254, July 14, 702.101, 702.110,
2006. 702.122, 702.123,
702.124, 702.126,
702.163, 703.153,
703.180, 703.181,
703.184, 703.186,
703.203, 703.204,
703.206, 703.212,
703.273, 703 Appendix
A, 720.110, 720.122,
720.140, 720.141,
721.102, 721.103,
721.104, 721.106,
721.121, 721.124,
721.131, 721.132,
721.133, 721.138, 721
Appendices G and H,
722.134, 722.153,
722.156, 722.170,
722.181, 722.182,
722.183, 722.184,
722.187, 724.101,
724.113, 724.117,
724.118, 724.197,
724.198, 724.199,
724.201, 724.211,
724.212, 724.215,
724.216, 724.218,
724.219, 724.240,
724.242, 724.243,
724.245, 724.247,
724.251, 724.275,
724.293, 724.321,
724.323, 724.326,
724.351, 724.352,
724.359, 724.380,
724.383, 724.401,
724.402, 724.404,
724.414, 724.417,
724.444, 724.652,
724.653, 724.654,
724.655, 724.673,
724.700, 724.701,
724.930, 724.933,
724.934, 724.935,
724.950, 724.958,
724.964, 724.980,
724.990, 724.1101,
724.1102, 724 Appendix
A, 725.101, 725.112,
725.114, 725.116,
725.119, 725.156,
725.190, 725.211,
725.212, 725.213,
725.217, 725.219,
725.240, 724.242,
725.245, 725.247,
725.274, 725.293,
725.294, 725.297,
725.301, 725.321,
725.324, 725.328,
725.329, 725.355,
725.359, 725.380,
725.381, 725.401,
725.402, 725.403,
725.412, 725.414,
725.416, 725.505,
725.541, 725.543,
725.545, 725.933,
725.935, 725.963,
725.980, 725.985,
725.987, 725.990,
725.1100, 725.1101, 725
Appendices A, E, and F,
726.106, 726.170,
726.180, 726.200,
726.202, 726.203,
726.209, 726 Appendices
C, D, E, F, H, I, and
M, 727.240, 728.102,
728.104, 728.106,
728.107, 728.114,
728.140, 728.142,
728.144, 728.145,
728.149, 728.150, 728
Appendix H, 733.109,
733.113, 733.114,
733.134, 739.101,
739.110, 739.111,
739.143, 739.144,
739.145, 739.152,
739.155, 739.156,
739.157, 739.159,
739.163, 739.164,
739.170.
220.............................. Academic Laboratories 73 FR 72912, December 1, 722.110, 722.113,
Generator Standards, 2008. 722.300, 722.301,
Alternative for 722.302, 722.303,
Hazardous Determination 722.304, 722.305,
and Accumulation. 722.306, 722.307,
722.308, 722.309,
722.310, 722.311,
722.312, 722.313,
722.314, 722.315,
722.316.
226.............................. Technical Corrections to 75 FR 79304, December 722.300, 722.306,
the Generator Standards 20, 2010. 722.314, 726.312.
for Academic
Laboratories.
233A............................. Revisions to the 80 FR 1694, January 13, 720.131, 720.133,
Definition of Solid 2015. 720.142.
Waste.
233B............................. Revisions to the 80 FR 1694, January 13, 720.110, 720.143,
Definition of Solid 2015. 721.102.
Waste.
233C............................. Revisions to the 80 FR 1694, January 13, 721.101.
Definition of Solid 2015.
Waste.
233D1............................ Revisions to the 80 FR 1694, January 13, 720.110, 720.130,
Definition of Solid 2015. 720.131, 720.134,
Waste. 721.101, 721.102,
721.104, 721.500,
721.510, 721.511,
721.520.
233E............................. Revisions to the 80 FR 1694, January 13, 720.110, 721.102,
Definition of Solid 2015. 721.104, 721.270,
Waste. 721.271, 721.272,
721.273, 721.275,
721.276, 721.277,
721.279, 721.290,
721.291, 721.293,
721.294, 721.296,
721.297, 721.298,
721.299, 721.300,
721.930, 721.931,
721.933, 721.950,
721.951, 721.980,
721.981, 721.982,
721.983, 721.986,
721.989.
----------------------------------------------------------------------------------------------------------------
Illinois' application included a statement signed by the Attorney
General's office on February 15, 2019, that certified, among other
things, that the provisions for which the State is seeking
authorization are contained in statutes and regulations lawfully
adopted and which were in effect at the time the statement was signed.
G. Where are the revised state rules different from the federal rules?
When revised state rules differ from the federal rules in the RCRA
state authorization process, EPA determines whether the state rules are
equivalent to, more stringent than, or broader in scope than the
federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain requirements that are more stringent than
the federal regulations. Such more stringent requirements can be
federally authorized and, once authorized, become federally
enforceable. Although the statute does not prevent states from adopting
regulations that are broader in scope than the federal program, states
cannot receive federal authorization for such regulations, and they are
not federally enforceable.
More Stringent Rules
EPA considers the following state requirements to be more stringent
than the federal requirements:
35 IAC 722.122 and 722.123(a)(4), because 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).
35 IAC 722.141, 724.175, and 725.175, because Illinois
requires an annual report instead of the biennial report required in 40
CFR 262.22, 264.75, and 265.75.
35 IAC 724.156(i), because Illinois has added this
provision to facilitate state notification.
35 IAC 725.245, because 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).
35 IAC 725.414, because Illinois prohibits all liquids in
landfills; whereas the federal rules allow for exceptions in 40 CFR
265.314(f)(1) and (2).
35 IAC Part 729, because Illinois prohibits disposal of
certain hazardous wastes in landfills. This part has no
[[Page 45838]]
directly equivalent federal part, but it is a counterpart of the land
ban regulations at 40 CFR part 268 and the landfill requirements at 40
CFR parts 264 and 265.
35 IAC 728.106(e), because Illinois requires at least a
90-day notice when a facility wants to make changes to unit design;
whereas EPA in 40 CFR 268.6(e) only requires a 30-day notice.
35 IAC 703.271(e), because Illinois adds some additional
cases where a permit must be modified.
These requirements would become part of Illinois' authorized
program and would be federally enforceable.
Broader in Scope Rules
EPA also considers the following state requirements to go beyond
the scope of the federal program:
35 IAC 721.103(g), because Illinois does not allow the
exemption allowed in the federal rules at 40 CFR 261.3(g)(4), for
certain mixtures.
35 IAC 739.146, because Illinois adds subsection (a)(6)
which covers special waste (35 IAC Part 808) not regulated in the RCRA
subtitle C program.
35 IAC 739.146(a)(6), 739.156(a)(7), 739.165(a)(7), and
739.174(a)(7), because Illinois has added information requirements for
special wastes.
Broader-in-scope requirements do not become part of the authorized
program and EPA cannot enforce them. Although regulated entities must
comply with these requirements in accordance with state law, they are
not RCRA requirements.
Nondelegable Rules
EPA cannot authorize the federal requirements at 40 CFR 260.21,
268.5, 268.6, 268.42(b), and 268.44. Although Illinois has adopted
these requirements verbatim from the federal regulations at 35 IAC
720.121, 728.105, 728.106, 728.142(b), and 728.144, EPA would continue
to implement the federal requirements.
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?
When 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. EPA will not issue any 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. EPA has the authority to enforce state-issued permits after
the State is authorized.
I. 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 part 264 (35 IAC 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.
J. What is codification and is EPA codifying Illinois' hazardous waste
program as authorized in this rule?
Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized state rules in 40 CFR part 272. EPA previously codified
Illinois' authorized program in effect as of June 3, 1991, at 40 CFR
part 272, subpart O (See 57 FR 3722, January 31, 1992). EPA is not
proposing to amend the codification of the authorization of Illinois'
changes at this time. However, EPA reserves the ability to amend 40 CFR
part 272, subpart O for the authorization of Illinois' program at a
later date.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to
authorize state requirements for the purpose of RCRA section 3006 and
imposes no additional requirements beyond those imposed by state law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory
action because actions such as today's proposed authorization of
Illinois' revised hazardous waste program under RCRA are exempted under
Executive Order 12866. Accordingly, I certify that this action 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.).
Because this action proposes to authorize pre-
[[Page 45839]]
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 (2 U.S.C. 1531-1538). For the same reason, this action also does
not significantly or uniquely affect the communities of tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have 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, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely proposes to authorize
state requirements as part of the state RCRA hazardous waste program
without altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant, and it does not make decisions based on
environmental health or safety risks. This action is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
Under RCRA section 3006(b), EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies 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. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in proposing 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. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of this action in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the executive
order. This action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive
Order 12898 (59 FR 7629, February 16, 1994) establishes federal
executive policy on environmental justice. Its main provision directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this action proposes authorization of pre-
existing state rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by state law, and there are no
anticipated significant adverse human health or environmental effects,
this proposed rule is not subject to Executive Order 12898.
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 requirement.
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: July 9, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-15219 Filed 7-29-20; 8:45 am]
BILLING CODE 6560-50-P
