Illinois: Proposed Authorization of State Hazardous Waste Management Program Revision, 5450-5454 [2022-01939]
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Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules
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confirming that Wisconsin has
acceptable and enforceable annual
emission statement regulations for the
2015 ozone standard.
VIII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone NAAQS in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 25, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–01943 Filed 1–31–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2021–0374; FRL–9466–
01–R5]
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
SUMMARY:
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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 March 18, 2022.
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: Gonzalez.norberto@epa.gov.
EPA must receive your comments by
March 18, 2022. Direct your comments
to Docket ID Number EPA–R05–RCRA–
2021–0374. 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 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
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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:
Norberto Gonzalez, RCRA C and D
Section, Land, Chemicals and
Redevelopment Division, LL–17J, U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Norberto Gonzalez can be
reached by telephone at (312) 353–1612
or via email at Gonzalez.norberto@
epa.gov.
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 June 21, 2021, Illinois submitted
a complete program revision application
seeking authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between December 5, 1997,
and April 17, 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:
• 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
5451
community because the regulations for
which EPA is proposing to authorize
Illinois are already effective under state
law and are not changed by this
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); March 10, 2017 (82 FR
13256, March 10, 2017); and on
February 9, 2021 (86 FR 8713, February
9, 2021).
F. What changes are we proposing with
this action?
On June 21, 2021, 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:
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TABLE 1—ILLINOIS’ ANALOGS TO THE FEDERAL REQUIREMENTS
Analogous state authority: Subtitle G: Waste Disposal, 35 Ill. Adm.
Code (IAC)
Rule checklist
Description of Federal requirement
Federal Register and date
162 ....................
Clarification of Standards for Hazardous Waste LDR Treatment
Variances.
Universal Waste Rule .........................................................................
62 FR 64504, December 5, 1997
728.144 Effective January 1, 1999.
64 FR 36466, July 6, 1999 ..........
Zinc Fertilizer Rule .............................................................................
Hazardous Waste Management System; Identification and Listing
of Hazardous Waste; Used Oil Management Standards.
67 FR 48393, July 24, 2002 ........
68 FR 44659, July 30, 2003 ........
720.110, 721.109, 724.101, 725.101, 728.101, 703.123, 733.101,
733.102, 733.103, 733.104, 733.105, 733.106, 733.107, 733.108,
733.109, 733.110, 733.113, 733.114, 733.130, 733.132, 733.133,
733.134, 733.150, 733.160, 733.181. Effective June 20, 2000.
721.104, 726.120, 728.140. Effective July 17, 2003.
721.105, 739.110, 739.174. Effective July 19, 2004.
181 ....................
200 ....................
203 ....................
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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)
208 and 208.1 ...
Methods Innovation Rule and SW–846 Final Update III B ................
70 FR 34538, June 14, 2005 as
amended 70 FR 44150, August
1, 2005.
209 ....................
Universal Waste Rule: Specific Provisions for Mercury Containing
Equipment.
70 FR 45508, August 5, 2005 .....
211 ....................
70 FR 57769, October 4, 2005 ....
213 ....................
Revision of Wastewater Treatment Exemptions for Hazardous
Waste Mixtures.
Burden Reduction Initiative ................................................................
720.111, 720.121, 720.122, 721.103, 721.121, 721.122, 721.135,
721.138, 721 Appendix A, B, and C, 724.290, 724.414, 724.934,
724.963, 724 Appendix I, 725.290, 725.414, 725.934, 725.935,
725.963, 725.981, 725.984, 726.200, 726.202, 726.206, 726.212,
726 Appendix I, 728.140, 728.148 Table U, 728 Appendix I,
703.205, 703.223, 703.232, 739.110, 739.144, 739.153, 739.163.
Effective February 23, 2006.
720.110,721.109, 724.101, 725.101, 728.101, 703.101, 733.101,
733.104, 733.109, 733.113, 733.114, 733.132, 733.133, 733.134.
Effective December 20, 2006.
721.103. Effective December 20, 2006.
215 ....................
Cathode Ray Tubes Rule ...................................................................
71 FR 42928, July 28, 2006 ........
217 ....................
NESHAP: Final Standards for Hazardous Waste Combustors
(Phase I Final Replacement Standards and Phase II) Amendments.
F019 Exemption for Wastewater Treatment Sludges from Auto
Manufacturing Zinc Phosphating Processes.
OECD Requirements; Export Shipments of Spent Lead Acid Batteries.
73 FR 18970, April 8, 2008 .........
720.110, 720.131, 721.104, 724.115, 724.116, 724.152, 724.156,
724.173, 724.198, 724.199, 724.200, 724.113, 724.215, 724.220,
724.243, 724.245, 724.247, 724.274, 724.291, 724.292, 724.293,
724.295, 724.296, 724.351, 724.380, 724.414, 724.443, 724.447,
724.654, 724.671, 724.673, 724.674, 724.1161, 724.1162,
724.1200, 724.1201, 725.115, 725.116, 725.152, 725.156,
725.173, 725.190, 725.193, 725.213, 725.215, 725.220, 725.243,
725.245, 724.247, 725.274, 725.291, 725.292, 725.293, 725.295,
725.296, 725.301, 725.321, 725.324, 725.359, 725.380, 725.401,
725.403, 725.414, 725.541, 725.543, 725.544, 725.2061,
725.2062, 725.1200, 725.1201, 726.202, 726.203, 728.107,
728.109, 703.114, 703.116, 703.126, 703.142, 703.142 Appendix
I. Effective July 14, 2008.
720.110, 721.104, 721.138, 721.139, 721.140, 721.141. Effective
July 14, 2008.
724.440, 726.200. Effective December 30, 2008.
73 FR 31756, June 4, 2008 .........
721.131, 721.131 Table. Effective December 30, 2008.
75 FR 01236, January 8, 2010 ....
223 ....................
Hazardous Waste Technical Corrections and Clarifications ..............
75 FR 12989, March 18, 2010 75
FR 31716, June 4, 2010.
224 ....................
225 ....................
75 FR 33712, June 15, 2010 .......
75 FR 78918, December 17,
2010.
76 FR 34147, June 13, 2011 .......
231 ....................
Withdrawal of the Emissions Comparable Fuel Exclusion ................
Removal of Saccharin and Its Salts from the List of Hazardous
Constituents, Hazardous Wastes and Hazardous Substances.
Revisions of the Land Disposal Treatment Standards for Carbamate Wastes.
Hazardous Waste Technical Corrections and Clarifications Rule .....
Conditional Exclusions for Solvent Contaminated Wipes ..................
Conditional Exclusions for Carbon Dioxide (C02) Streams in Geologic Sequestration Activities.
Hazardous Waste Electronic Manifest System ..................................
722.110, 722.155, 722.158, 722.180, 722.181, 722.182, 722.183,
722.184, 722.185, 722.186, 722.187, 722, 188, 722.189,
723.110, 724.112, 724.171, 725.112, 725.171, 726.180 (a) Table.
Effective October 14, 2011.
720.110, 720 Appendix I, 721.101, 721.102 (c) Table 1, 721.104,
721.105, 721.106, 721.107, 721.123, 721.130, 721.131, 721.132
(a) Table, 721.133, 721 Appendix VII, 722.110, 722.111,
722.123, 722.134, 722.141, 722.142, 722.160, 723.112, 724.152,
724.156, 724.172, 724.414, 724.416, 724.652, 725.152, 725.156,
725.172, 725.414,725.416, 726.120, 726.122, 726.170, 726.180,
726.201, 728.140 Table, 728.148, 702.181. Effective October 14,
2011.
721.104, 721.138. Effective October 14, 2011.
721.111, 721.133, 728.140. Effective October 14, 2011.
232 ....................
234 ....................
235 ....................
Revisions to the Export Provisions of the Cathode Ray Tube Rule ..
Vacatur of the Comparable Fuels and the Gasification Rule ............
Disposal of Coal Combustion Residuals from Electric Utilities ..........
79 FR 36220, June 26, 2014 .......
80 FR 18777, April 8, 2015 .........
80 FR 21302, April 17, 2015 .......
218 ....................
222 ....................
227 ....................
228 ....................
229 ....................
230 ....................
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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.
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71 FR 16862, April 4, 2006 .........
728.140 Table, 728.148 Table. Effective June 4, 2012.
77 FR 22229, April 13, 2012 .......
78 FR 46448, July 31, 2013 ........
79 FR 00350, January 3, 2014 ....
721.132, 726.120. Effective March 4, 2013.
720.110, 721.104. Effective May 27, 2014.
720.110, 721.104. Effective May 27, 2014.
79 FR 07518, February 7, 2014 ..
720.110, 722.120, 722.124, 722.125, 723.120, 723.125, 724.171,
725.171. Effective January 12, 2015.
720.110, 721.139, 721.141. Effective January 12, 2015.
720.110, 721.104, 721.138. Effective August 9, 2016.
721.104. Effective August 9, 2016.
More Stringent Rules
Broader in Scope Rules
EPA considers the following state
requirements to be more stringent than
the federal requirements:
• 35 IAC 722.141, 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 725.414, because Illinois
prohibits all liquids in landfills; where
the Federal rules allow for exceptions in
40 CFR 265.314(f)(1) and (2).
These requirements would become
part of Illinois’ authorized program and
would be federally enforceable.
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.
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
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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.
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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
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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 proposed 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 codify 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
changes 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
PO 00000
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5453
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 this 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 preexisting 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
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Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules
tkelley on DSK125TN23PROD with PROPS1
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
VerDate Sep<11>2014
16:17 Jan 31, 2022
Jkt 256001
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
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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
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: January 24, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–01939 Filed 1–31–22; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5450-5454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01939]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2021-0374; FRL-9466-01-R5]
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 March 18,
2022.
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 March 18, 2022. Direct your
comments to Docket ID Number EPA-R05-RCRA-2021-0374. 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
[[Page 5451]]
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: Norberto Gonzalez, RCRA C and D
Section, Land, Chemicals and Redevelopment Division, LL-17J, U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Norberto Gonzalez can be reached by telephone at (312)
353-1612 or via email at [email protected].
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 June 21, 2021, Illinois submitted a complete program revision
application seeking authorization of changes to its hazardous waste
program that correspond to certain Federal rules promulgated between
December 5, 1997, and April 17, 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:
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 this 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); March 10, 2017 (82 FR
13256, March 10, 2017); and on February 9, 2021 (86 FR 8713, February
9, 2021).
F. What changes are we proposing with this action?
On June 21, 2021, 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 authority:
Rule checklist Description of Federal Federal Register and Subtitle G: Waste Disposal,
requirement date 35 Ill. Adm. Code (IAC)
----------------------------------------------------------------------------------------------------------------
162..................... Clarification of Standards 62 FR 64504, December 5, 728.144 Effective January 1,
for Hazardous Waste LDR 1997. 1999.
Treatment Variances.
181..................... Universal Waste Rule......... 64 FR 36466, July 6, 720.110, 721.109, 724.101,
1999. 725.101, 728.101, 703.123,
733.101, 733.102, 733.103,
733.104, 733.105, 733.106,
733.107, 733.108, 733.109,
733.110, 733.113, 733.114,
733.130, 733.132, 733.133,
733.134, 733.150, 733.160,
733.181. Effective June 20,
2000.
200..................... Zinc Fertilizer Rule......... 67 FR 48393, July 24, 721.104, 726.120, 728.140.
2002. Effective July 17, 2003.
203..................... Hazardous Waste Management 68 FR 44659, July 30, 721.105, 739.110, 739.174.
System; Identification and 2003. Effective July 19, 2004.
Listing of Hazardous Waste;
Used Oil Management
Standards.
[[Page 5452]]
208 and 208.1........... Methods Innovation Rule and 70 FR 34538, June 14, 720.111, 720.121, 720.122,
SW-846 Final Update III B. 2005 as amended 70 FR 721.103, 721.121, 721.122,
44150, August 1, 2005. 721.135, 721.138, 721
Appendix A, B, and C,
724.290, 724.414, 724.934,
724.963, 724 Appendix I,
725.290, 725.414, 725.934,
725.935, 725.963, 725.981,
725.984, 726.200, 726.202,
726.206, 726.212, 726
Appendix I, 728.140, 728.148
Table U, 728 Appendix I,
703.205, 703.223, 703.232,
739.110, 739.144, 739.153,
739.163. Effective February
23, 2006.
209..................... Universal Waste Rule: 70 FR 45508, August 5, 720.110,721.109, 724.101,
Specific Provisions for 2005. 725.101, 728.101, 703.101,
Mercury Containing Equipment. 733.101, 733.104, 733.109,
733.113, 733.114, 733.132,
733.133, 733.134. Effective
December 20, 2006.
211..................... Revision of Wastewater 70 FR 57769, October 4, 721.103. Effective December
Treatment Exemptions for 2005. 20, 2006.
Hazardous Waste Mixtures.
213..................... Burden Reduction Initiative.. 71 FR 16862, April 4, 720.110, 720.131, 721.104,
2006. 724.115, 724.116, 724.152,
724.156, 724.173, 724.198,
724.199, 724.200, 724.113,
724.215, 724.220, 724.243,
724.245, 724.247, 724.274,
724.291, 724.292, 724.293,
724.295, 724.296, 724.351,
724.380, 724.414, 724.443,
724.447, 724.654, 724.671,
724.673, 724.674, 724.1161,
724.1162, 724.1200,
724.1201, 725.115, 725.116,
725.152, 725.156, 725.173,
725.190, 725.193, 725.213,
725.215, 725.220, 725.243,
725.245, 724.247, 725.274,
725.291, 725.292, 725.293,
725.295, 725.296, 725.301,
725.321, 725.324, 725.359,
725.380, 725.401, 725.403,
725.414, 725.541, 725.543,
725.544, 725.2061, 725.2062,
725.1200, 725.1201, 726.202,
726.203, 728.107, 728.109,
703.114, 703.116, 703.126,
703.142, 703.142 Appendix I.
Effective July 14, 2008.
215..................... Cathode Ray Tubes Rule....... 71 FR 42928, July 28, 720.110, 721.104, 721.138,
2006. 721.139, 721.140, 721.141.
Effective July 14, 2008.
217..................... NESHAP: Final Standards for 73 FR 18970, April 8, 724.440, 726.200. Effective
Hazardous Waste Combustors 2008. December 30, 2008.
(Phase I Final Replacement
Standards and Phase II)
Amendments.
218..................... F019 Exemption for Wastewater 73 FR 31756, June 4, 721.131, 721.131 Table.
Treatment Sludges from Auto 2008. Effective December 30, 2008.
Manufacturing Zinc
Phosphating Processes.
222..................... OECD Requirements; Export 75 FR 01236, January 8, 722.110, 722.155, 722.158,
Shipments of Spent Lead Acid 2010. 722.180, 722.181, 722.182,
Batteries. 722.183, 722.184, 722.185,
722.186, 722.187, 722, 188,
722.189, 723.110, 724.112,
724.171, 725.112, 725.171,
726.180 (a) Table. Effective
October 14, 2011.
223..................... Hazardous Waste Technical 75 FR 12989, March 18, 720.110, 720 Appendix I,
Corrections and 2010 75 FR 31716, June 721.101, 721.102 (c) Table
Clarifications. 4, 2010. 1, 721.104, 721.105,
721.106, 721.107, 721.123,
721.130, 721.131, 721.132
(a) Table, 721.133, 721
Appendix VII, 722.110,
722.111, 722.123, 722.134,
722.141, 722.142, 722.160,
723.112, 724.152, 724.156,
724.172, 724.414, 724.416,
724.652, 725.152, 725.156,
725.172, 725.414,725.416,
726.120, 726.122, 726.170,
726.180, 726.201, 728.140
Table, 728.148, 702.181.
Effective October 14, 2011.
224..................... Withdrawal of the Emissions 75 FR 33712, June 15, 721.104, 721.138. Effective
Comparable Fuel Exclusion. 2010. October 14, 2011.
225..................... Removal of Saccharin and Its 75 FR 78918, December 721.111, 721.133, 728.140.
Salts from the List of 17, 2010. Effective October 14, 2011.
Hazardous Constituents,
Hazardous Wastes and
Hazardous Substances.
227..................... Revisions of the Land 76 FR 34147, June 13, 728.140 Table, 728.148 Table.
Disposal Treatment Standards 2011. Effective June 4, 2012.
for Carbamate Wastes.
228..................... Hazardous Waste Technical 77 FR 22229, April 13, 721.132, 726.120. Effective
Corrections and 2012. March 4, 2013.
Clarifications Rule.
229..................... Conditional Exclusions for 78 FR 46448, July 31, 720.110, 721.104. Effective
Solvent Contaminated Wipes. 2013. May 27, 2014.
230..................... Conditional Exclusions for 79 FR 00350, January 3, 720.110, 721.104. Effective
Carbon Dioxide (C02) Streams 2014. May 27, 2014.
in Geologic Sequestration
Activities.
231..................... Hazardous Waste Electronic 79 FR 07518, February 7, 720.110, 722.120, 722.124,
Manifest System. 2014. 722.125, 723.120, 723.125,
724.171, 725.171. Effective
January 12, 2015.
232..................... Revisions to the Export 79 FR 36220, June 26, 720.110, 721.139, 721.141.
Provisions of the Cathode 2014. Effective January 12, 2015.
Ray Tube Rule.
234..................... Vacatur of the Comparable 80 FR 18777, April 8, 720.110, 721.104, 721.138.
Fuels and the Gasification 2015. Effective August 9, 2016.
Rule.
235..................... Disposal of Coal Combustion 80 FR 21302, April 17, 721.104. Effective August 9,
Residuals from Electric 2015. 2016.
Utilities.
----------------------------------------------------------------------------------------------------------------
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 722.141, 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 725.414, because Illinois prohibits all liquids in
landfills; where the Federal rules allow for exceptions in 40 CFR
265.314(f)(1) and (2).
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.
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
[[Page 5453]]
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 proposed 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 codify 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 changes 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 this 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-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
[[Page 5454]]
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 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: January 24, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-01939 Filed 1-31-22; 8:45 am]
BILLING CODE 6560-50-P
