[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14808-14813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05816]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2015-0555; FRL-9943-72-Region 5]
Illinois: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Illinois has applied to EPA for Final Authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has reviewed Illinois' application with
regards to federal requirements, and is proposing to authorize the
state's changes.
DATES: Comments on this proposed rule must be received on or before
April 18, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2015-0555 by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected].
Mail: Gary Westefer, Illinois Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Gary Westefer, LR-8J, U.S. EPA, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the normal business hours of operation; special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2015-0555. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some of the
information is not publicly available; e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy. You may
view and copy Illinois' application from 9 a.m. to 4 p.m. at the
following addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson
Boulevard, Chicago, Illinois, contact: Gary Westefer
[[Page 14809]]
(312) 886-7450; or Illinois Environmental Protection Agency, 1021 North
Grand Avenue, East, Springfield, Illinois, contact: Todd Marvel (217)
524-5024.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Illinois Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450, email [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States which have received final authorization from EPA under RCRA
Section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the federal program. As the federal program changes,
states must change their programs and request EPA to authorize the
changes. Changes to state programs may be necessary when federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
B. What decisions have we made in this rule?
We have made a tentative decision that Illinois' application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant
Illinois final authorization to operate its hazardous waste program
with the changes described in the authorization application. Illinois
will have responsibility for permitting treatment, storage, and
disposal facilities (TSDFs) within its borders (except in Indian
Country) and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal
requirements and prohibitions imposed by federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Illinois, including
issuing permits, until the state is granted authorization to do so.
C. What will be the effect if Illinois is authorized for these changes?
If Illinois is authorized for these changes, a facility in Illinois
subject to RCRA will have to comply with the authorized state
requirements instead of the corresponding federal requirements in order
to comply with RCRA. Additionally, such facilities will have to comply
with any applicable federal requirements such as, for example, HSWA
regulations issued by the EPA for which the state has not received
authorization. Illinois continues to have enforcement authorities and
responsibilities under its state hazardous waste program for RCRA
violations, but EPA retains its authority under RCRA sections 3007,
3008, 3013, and 7003, which include among others, authority to:
1. Conduct inspections which may include but are not limited to
requiring monitoring, tests, analyses and/or reports;
1. Enforce RCRA requirements which may include but are not limited
to suspending, terminating, modifying and/or revoking permits; and
3. Take enforcement actions regardless of whether the state has
taken its own actions.
The action to approve these revisions will not impose additional
requirements on the regulated community because the regulations for
which Illinois is requesting authorization are already effective under
state law, and will not be changed by the act of authorization.
D. What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
E. What has Illinois previously been authorized for?
Illinois initially received final authorization effective January
31, 1986 (51 FR 3778, January 30, 1986) to implement the RCRA hazardous
waste management program. Subsequently the EPA granted authorization
for changes to the Illinois program effective March 5, 1988 (53 FR 126,
January 5, 1988); April 30, 1990 (55 FR 7320, March 1, 1990); June 3,
1991 (56 FR 13595, April 3, 1991); August 15, 1994 (59 FR 30525, June
14, 1994); May 14, 1996, (61 FR 10684, March 15, 1996); and October 4,
1996 (61 FR 40520, August 5, 1996).
F. What changes are we proposing with today's action?
On October 19, 2015, Illinois submitted a final program revision
application, seeking authorization of changes in accordance with 40 CFR
271.21. We have determined that Illinois' hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
Final Authorization. We are now proposing to authorize, subject to
receipt of written comments that oppose this action, Illinois'
hazardous waste program revision. We propose to grant Illinois Final
Authorization for the following program changes:
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Description of Federal Federal Register Analogous State
requirement date and page authority
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Universal Waste Rule: General May 11, 1995, 60 35 IAC 703.123;
Provisions, Checklist 142A. FR 25492. 720.101; 721.105;
722.110; 722.111;
724.101; 725.101;
728.101; 733.101;
733.103; 733.105;
733.106; 733.111;
733.112; 733.114;
733.115; 733.116;
733.117; 733.118;
733.119; 733.120;
733.131; 733.132;
733.134; 733.135;
733.136; 733.137;
733.138; 733.139;
733.140; 733.151;
733.152; 733.153;
733.154; 733.155;
733.156; 733.160;
733.161; 733.162;
733.170; Effective
April 15, 1998.
Universal Waste Rule: Specific May 11, 1995, 60 35 IAC 703.123;
Provisions for Batteries, FR 25492. 720.110; 721.106;
Checklist 142B. 721.109; 724.101;
725.101; 726.180;
728.101; 733.102;
733.106;
733.113(a),(b),(c);
733.114;
733.133(a),(b),(c);
733.134; Effective
April 15, 1998.
Universal Waste Rule: Specific May 11, 1995, 60 35 IAC 703.123;
Provisions for Pesticides, FR 25492. 720.110; 721.109;
Checklist 142C. 724.101; 725.101;
728.101; 733.101;
733.103; 733.106;
733.113(a),(b),(c);
733.114; 733.132;
733.133(a),(b),(c);
733.134; Effective
April 15, 1998.
[[Page 14810]]
Universal Waste Rule: Specific May 11, 1995, 60 35 IAC 703.123;
Provisions for Thermostats, FR 25492. 720.110; 721.109;
Checklist 142D. 724.101; 725.101;
728.101; 733.101;
733.104; 733.106;
733.113(a),(b),(c);
733.114;
733.133(a),(b),(c);
733.134; Effective
April 15, 1998.
Universal Waste Rule: May 11, 1995, 60 35 IAC 720.120;
Provisions for Petitions to FR 25492. 720.123; 733.180;
Add a New Universal Waste, 733.181; Effective
Checklist 142E. April 15, 1998.
RCRA Expanded Public December 11, 35 IAC 702.110;
Participation, Checklist 148. 1995, 60 FR 703.183; 703.191;
63417. 703.192; 703.193;
703.220; 703.223;
703.225; 703.232;
703.248; Effective
December 16,1997.
Identification and Listing of March 26, 1996, 35 IAC 721.104;
Hazardous Waste; Amendments 61 FR 13103. Effective December
to Definition of Solid Waste, 16, 1997.
Checklist 150.
Imports and Exports of April 12, 1996, 35 IAC 721.106;
Hazardous Waste, Checklist 61 FR 16290. 722.110; 722.153;
152. 722.156; 722.158;
722.180; 722.181;
722.182; 722.183;
722.184; 722.185;
722.186; 722.187;
722.189; 723.110;
723.120; 724.112;
724.171; 725.112;
725.171; 726.170;
733.120; 733.140;
733.156; 733.170;
Effective December
16, 1997.
Hazardous Waste Treatment, November 25, 35 IAC 702.181;
Storage, and Disposal 1996, 61 FR 703.184; 703.201;
Facilities and Hazardous 59931; November 703.202; 703.203;
Waste Generators; Organic Air 25, 1996, 61 FR 703.213; 720.111;
Emission Standards for Tanks, 59931; December 721.106; 722.134;
Surface Impoundments and 12, 1994, 59 FR 724.113; 724.115;
Containers, Checklist, 154; 62896; May 19, 724.173; 724.177;
as amended: Checklist 154.1; 1995, 60 FR 724.279; 724.300;
as amended: Checklist 154.2; 26828; September 724.332; 724.701;
as amended: Checklist 154.3; 29, 1995, 60 FR 724.930; 724.933;
as amended: Checklist 154.4; 50426; November 724.934; 724.935;
as amended: Checklist 154.5; 13, 1995, 60 FR 724.950; 724.955;
as amended: Checklist 154.6. 56952; February 724.958; 724.964;
9, 1996, 61 FR 724.980; 724.981;
4903; June 5, 724.982; 724.983;
1996, 61 FR 724.984; 724.985;
28508.. 724.986; 724.987;
724.988; 724.989;
724.990; 724.991;
725.101; 725.113;
725.115; 725.173;
725.177; 725.278;
725.302; 725.331;
725.930; 725.933;
725.934; 725.935;
725.950; 725.955;
725.958; 725.964;
725.980; 725.981;
725.982; 725.983;
725.984; 725.985;
725.986; 725.987;
725.988; 725.989;
725.990; 725.991;
725 Appendix F;
Effective September
28, 1998.
Land Disposal Restrictions: January 14, 1997, 35 IAC 728.139;
Phase III--Emergency 62 FR 1992. Effective September
Extension of the K088 28, 1998.
Capacity Variance, Checklist
155.
Land Disposal Restrictions: May 12, 1997, 62 35 IAC 721.104;
Phase IV--Treatment Standards FR 25998. 721.106; 728.101;
for Wood Preserving Wastes, 728.104; 728.107;
Paperwork Reduction and 728.109; 728.130;
Streamlining, Exemptions From 728.140; 728.142;
RCRA for Certain Processed 728.144; 728
Materials and Miscellaneous Appendix F; 728
Hazardous Waste Provisions, Appendix G; 728
Checklist 157. Appendix H;
Effective September
28, 1998.
Hazardous Waste Management June 13, 1997, 62 35 IAC 720.111;
System; Testing and FR 32452. 724.934; 724.963;
Monitoring Activities, 724 Appendix I;
Checklist 158. 725.934; 725.963;
726.204; 726.206;
726.207; 726
Appendix I;
Effective September
28, 1998.
Land Disposal Restrictions: July 14, 1997, 62 35 IAC 728.139;
Phase III--Emergency FR 37694. Effective January
Extension of the K088 19, 1999.
National Capacity Variance,
Checklist 160.
Organic Air Emission Standards December 8, 1997, 35 IAC 703.183;
for Tanks, Surface 62 FR 64636. 724.115; 724.173;
Impoundments and Containers; 724.930; 724.933;
Clarification and Technical 724.950; 724.960;
Amendment, Checklist 163. 724.962; 724.964;
724.980; 724.982;
724.983; 724.984;
724.985; 724.986;
724.987; 724.989;
725.115; 725.173;
725.930; 725.933;
725.950; 725.960;
725.962; 725.964;
725.980; 725.981;
725.982; 725.983;
725.984; 725.985;
725.986; 725.987;
725.988; 725.990;
725 Appendix F;
Effective January
19, 1999.
Kraft Mill Steam Stripper April 15, 1998, 35 IAC 721.104;
Exclusion, Checklist 164. 63 FR 18504. Effective January
19, 1999.
Emergency Revisions of LDR September 9, 35 IAC 728.134;
Treatment Standards, 1998, 63 FR Effective July 26,
Checklist 172. 48124. 1999.
Land Disposal Restrictions September 24, 35 IAC 728.139;
Treatment Standards (Spent 1998, 63 FR 728.140; Effective
Potliners), Checklist 173. 51254. July 26, 1999.
Universal Waste Rule; December 24, 35 IAC 726.180;
Technical Amendment 1998, 63 FR 733.106; Effective
(Conditionally Optional), 71225. July 26, 1999.
Checklist 176.
Organic Air Emission January 21, 1999, 35 IAC 722.134;
Standards, Checklist 177. 64 FR 3381. 724.931; 724.980;
724.983; 724.984;
724.986; 725.980;
725.984; 725.985;
725.987; Effective
January 21, 2000.
Test Procedures for the May 14, 1999, 64 35 IAC 720.111;
Analysis of Oil and Grease FR 26315. Effective January
and Non-Polar Material, 21, 2000.
Checklist 180.
[[Page 14811]]
NESHAPS: Final Standards for September 30, 35 IAC 703.205;
Hazardous Air Pollutants for 1999, 64 FR 703.208; 703.221;
Hazardous Waste Combustors 52827, November 703.232; 703
(MACT Rule), Checklist 182 as 19, 1999, 64 FR Appendix A; 720.110;
amended: Checklist 182.1. 63209. 721.138; 724.440;
724.701; 725.440;
726.200; 726.201;
726.205; 726.212;
726 Appendix H;
Effective June 20,
2000.
Waste Water Treatment Sludges March 8, 2000, 65 35 IAC 722.134;
from Metal Finishing FR 12378. Effective January
Industry; 180 Day 11, 2001.
Accumulation Time, Checklist
184.
Organobromine Production March 17, 2000, 35 IAC 721.132;
Wastes, Checklist 185. 65 FR 14472. 721.133; 721
Appendix G; 721
Appendix H; 728.133;
728.140; 728.148;
Effective January
11, 2001.
NESHAPS: Final Standards for July 10, 2000, 65 35 IAC 703.280;
Hazardous Air Pollutants for FR 42292, May 721.138; 724.440;
Hazardous Waste Combustors, 14, 2001, 66 FR Effective July 9,
Checklist 188 as amended: 24270, July 3, 2001.
Second Technical Correction, 2001, 66 FR
Checklist 188.1 as amended: 35087.
Checklist 188.2..
Chlorinated Aliphatics Listing November 8, 2000, 35 IAC 721.132; 721
and LDRs for Newly Identified 65 FR 67068. Appendix G; 721
Wastes, Checklist 189. Appendix H; 728.133;
728.140; 728.148;
Effective July 9,
2001.
Deferral pf Phase IV Standards December 26, 35 IAC 728.132;
for PCBs as a Constituent 2000, 65 FR 728.148; 728.149;
Subject to Treatment in Soil, 81373. 728 Appendix C;
Checklist 190. Effective July 9,
2001.
Storage, Treatment, May 16, 2001, 66 35 IAC 726.310;
Transportation and Disposal FR 27218. 726.320; 726.325;
of Mixed Waste, Checklist 191. 726.330; 726.335;
726.340; 726.345;
726.350; 726.355;
726.360; 726.405;
726.410; 726.415;
726.420; 726.425;
726.430; 726.435;
726.440; 726.445;
726.450; 726.455;
726.460; Effective
April 22, 2002.
Change of EPA Mailing Address, June 28, 2001, 66 35 IAC 720.111;
Additional Technical FR 34374. Effective April 22,
Amendments and Corrections, 2002.
Checklist 193.
Hazardous Air Pollutant February 13, 35 IAC 703.205;
Standards for Combustors: 2002, 67 FR 6792. 703.208; 703.221;
Interim Standards, Checklist 703.232; 703.320;
197. 724.440; 725.440;
726.200; Effective
February 14, 2003.
Hazardous Air Pollutant February 14, 35 IAC 703.280;
Standards for Combustors; 2002, 67 FR 6968. 726.200; Effective
Corrections, Checklist 198. February 14, 2003.
Land Disposal Restrictions: November 21, 35 IAC 728.140;
National Treatment Variance 2002, 67 FR Effective July 17,
To Designate New Treatment 62618. 2003.
Subcategories for
Radioactively Contaminated
Cadmium-, Mercury-, and
Silver-Containing Batteries,
Checklist 201.
NESHAP: Standards for December 19, 35 IAC 703.205;
Hazardous Air Pollutants for 2002, 67 FR 703.208; 703.221;
Hazardous Waste Combustors-- 77687. 703.232; Effective
Corrections, Checklist 202. July 17, 2003.
NESHAP: Surface Coating of October 26, 2004, 35 IAC 724.950;
Automobiles and Light Duty 69 FR 22601. Effective February
Trucks, Checklist 205. 23, 2006.
Hazardous Waste Management March 4, 2005, 70 35 IAC 720.110;
System; Modification of the FR 10776 June 721.107; 722.120;
Hazardous Waste Manifest 16, 2005, 70 FR 722.121; 722.127;
System, Checklist 207, as 35034. 722.132; 722.133;
Amended: Checklist 207.1. 722.134; 722.154;
722.160; 722
Appendix 8700-22;
733.120; 733.121;
724.170; 724.171;
724.172; 724.176;
725.170; 725.171;
725.172; 725.176;
Effective February
23, 2006.
Standardized Permit for RCRA September 8, 35 IAC 702.101;
Hazardous Waste Management 2005, 70 FR 702.110; 702.120;
Facilities, Checklist 210. 53420. 702,125; 703.125;
703.191; 703.192;
703.238; 703.260;
703.270; 703.272;
703.350; 703.351;
703.352; 703.353;
705.102; 705.128;
705.300; 705.301;
705.302; 705.303;
705.304; 720.110;
720.111; 721.107;
727.100; 727.110;
727.130; 727.150;
727.170; 727.190;
727.210; 727.240;
727.270; 727.290;
727.900; 727
Appendix A;
Effective December
20, 2006.
NESHAP: Final Standards for October 12, 2005, 35 IAC 703.110;
Hazardous Waste Combustors 70 FR 59402. 703.189; 703.205;
(Phase I Final Replacement 703.208; 703.210;
Standards and Phase II), 703.211; 703.221;
Checklist 212. 703.232; 703.241;
703.280; 703.320;
703 Appendix A;
720.111; 724.440;
725.440; 726.200;
Effective December
20, 2006.
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G. Which revised state rules are different from the federal rules?
Illinois has not applied for the federal requirements at 40 CFR
260.21, 264.149, 264.150, 265.149, 265.150, 268.5, 268.6, 268.42(b),
268.44, and 270.3. EPA will continue to implement those requirements.
More Stringent Rules
In 35 IAC 722.122 and 722.123(a)(4), Illinois requires more
manifest copies than the Federal rules. In 35 IAC 724.213(d)(3)
Illinois adds requirements to the contingent corrective measures plan
found in 40 CFR 264.113(e)(4)(i). In 35 IAC 722.141, 724.175 and
725.175, Illinois requires an annual report instead of the biennial
report required in 40 CFR 262.22, 264.75, and 265.75.
[[Page 14812]]
Illinois has added 35 IAC 724.156(i) to facilitate State notification.
In 35 IAC 725.245, Illinois does not allow the extension of time to
submit the financial test and corporate guarantee documents to the
agency as federally allowed in 40 CFR 265.145(e)(4). In 35 IAC 725.414,
Illinois prohibits all liquids in landfills; the federal rules allow
for exceptions in 40 CFR 265.314(f)(1) and (2). Illinois' 35 IAC Part
729 prohibits disposal of certain hazardous wastes in landfills. This
part has no direct equivalent Federal part, but is a counterpart of the
land ban regulations at 40 CFR part 268 and the landfill requirements
at 40 CFR parts 264 and 265. In 35 IAC 728.106(e) Illinois requires at
least a 90 day notice when a facility wants to make changes to unit
design; EPA in 40 CFR 268.6(e) only requires a 30 day notice. In 35 IAC
703.271(e) Illinois adds some additional cases where a permit must be
modified.
Broader in Scope Rules
In 35 IAC 721.103(g), Illinois does not allow the exemption allowed
in the federal rules at 40 CFR 261.3(g)(4). In 35 IAC 739.146, Illinois
adds subsection (a)(6) which covers special waste (35 IAC part 808).
This special waste is not regulated in the RCRA subtitle C program. 35
IAC 739.146(a)(6) adds information requirements. The same requirements
are also added in 35 IAC 739.156, 739.165, and 739.174.
Universal Waste Lamps Rules Not Authorized
Illinois allows Lamp Crushing under its current version of the
Universal Waste Rule (35 IAC 733.105, 733.113(d), 733.133(d), and
733.134(e)), and has not applied for authorization of the Universal
Waste Lamps Rule. In the future, EPA will determine whether to prohibit
crushing of lamps, or decide under what conditions lamp crushing may be
permitted. Until the issue is resolved, no state that allows crushing
may be authorized for the Universal Waste Lamps rule and the Illinois
version of the Universal Waste Lamps Rule is not part of the Illinois
authorized program.
H. Who handles permits after the final authorization takes effect?
Illinois will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issues prior to the effective date of the proposed
authorization until they expire or are terminated. We will not issue
any more new permits or new portions of permits for the provisions
listed in the Table above after the effective date of the
authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Illinois is not yet authorized.
I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Illinois?
Illinois is not authorized to carry out its hazardous waste program
in ``Indian Country,'' as defined in 18 U.S.C. 1151. Indian Country
includes:
1. All lands within the exterior boundaries of Indian Reservations
within or abutting the State of Illinois;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
Therefore, this action has no effect on Indian Country. EPA retains the
authority to implement and administer the RCRA program on these lands.
J. How does proportionate share liability affect Illinois' RCRA Program
Illinois' RCRA authorities are not impacted by the proportionate
share liability (PSL) provision of the Illinois Environmental
Protection Act, 415 ILCS 5/58.9(a)(1). Section 58.9(a)(1) provides, in
pertinent part:
``Notwithstanding any other provisions of this Act to the contrary,
. . . in no event may the Agency, the State of Illinois, or any person
bring an action pursuant to this Act or the Groundwater Protection Act
to require any person to conduct remedial action or to seek recovery of
costs for remedial activity conducted by the State of Illinois or any
person beyond the remediation of releases of regulated substances that
may be attributed to being proximately caused by such person's act of
omission or beyond such person's proportionate degree of responsibility
for costs of the remedial action of releases of regulated substances
that were proximately caused or contributed to by 2 or more persons.''
Section 58.9 is part of Title XVII (Site Remediation Program) of
the Illinois Environmental Protection Act. Title XVII does not apply to
a particular site if `` . . . (ii) the site is a treatment, storage, or
disposal site for which a permit has been issued, or that is subject to
closure requirements under federal or state solid or hazardous waste
laws'' (415 ILCS 5/58.1(a)(2)(ii)). Hazardous waste treatment, storage,
and disposal facilities under Subtitle C of RCRA fall within the
exclusion at section 58.1(a)(2)(ii). These facilities are subject to
closure and post-closure care requirements under the Act (415 ILCS 5/
22.17) and Illinois program rules that are identical in substance to
federal rules at 40 CFR 264 (35 Ill. Adm. Code 724). The Illinois
Appellate Court has held that the PSL does not apply to sites that are
outside the scope of Title XVII. People of the State of Illinois v.
State Oil, 822 NE. 2d 876 (Ill. App. 2004). Therefore the exclusion at
Section 58.1(a)(2)(ii) renders Title XVII, including section 58.9,
inapplicable to sites upon which RCRA regulated facilities are located.
Based on this exclusion, and as indicated by the Illinois Attorney
General in the Attorney General Statement included in the State's
October 19, 2015 final program revision application, the PSL provision
does not impact the adequacy of Illinois' RCRA authorities.
K. What is codification and is EPA codifying Illinois' hazardous waste
program as authorized in this rule?
Codification is the process of placing the state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized state rules in 40 CFR part 272. Illinois' authorized
rules, up to and including those revised June 3, 1991, have previously
been codified through the incorporation-by-reference effective March
31, 1992 (57 FR 3722, January 31, 1992). We reserve the amendment of 40
CFR part 272, subpart O for the codification of Illinois' program
changes until a later date.
L. Statutory and Executive Order Reviews
This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by state law (see Supplementary Information, Section A. Why are
Revisions to State Programs Necessary?). Therefore, this rulemaking
complies with applicable executive orders and statutory provisions as
follows:
1. Executive Order 18266: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The Office of Management and Budget has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821 January 21, 2011).
2. Paperwork Reduction Act
This rulemaking does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
[[Page 14813]]
3. Regulatory Flexibility Act
This proposed rule authorizes state requirements for the purpose of
RCRA 3006 and imposes no additional requirements beyond those required
by state law. Accordingly, I certify that this rulemaking will not have
a significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
4. Unfunded Mandates Reform Act
Because this rulemaking approves pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this proposed rule because it will not have federalism implications
(i.e., substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this proposed rule because it will not have tribal
implications (i.e., substantial direct effects on one or more Indian
tribes, or on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes).
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This proposed rule is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant as
defined in Executive Order 12866 and because the EPA does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.
8. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
as defined in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves state programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a state program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
the requirements of RCRA. Thus, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this proposed rule.
10. Executive Order 12988
As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of the rulemaking in
accordance with the Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings issued under
the executive order.
12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rulemaking proposes authorization of pre-existing
state rules and imposes no additional requirements beyond those imposed
by state law and there are no anticipated significant adverse human
health or environmental effects, the proposed rule is not subject to
Executive Order 12898 (59 FR 7629, February 16, 1994).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 29, 2016.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-05816 Filed 3-17-16; 8:45 am]
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