[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14414]


[[Page Unknown]]

[Federal Register: June 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4997-1]

 

Illinois: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Illinois has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act of 1976 as amended (hereinafter RCRA). The Environmental 
Protection Agency (EPA) has reviewed Illinois' application and has made 
a decision, subject to public review and comment, that Illinois' 
hazardous waste program revisions satisfy all of the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
approve Illinois' hazardous waste program revisions, subject to 
authority retained by EPA under the Hazardous and Solid Waste 
Amendments of 1984 (hereinafter HSWA). Illinois' application for 
program revision is available for public review and comment.

EFFECTIVE DATE: Final authorization for Illinois shall be effective 
August 15, 1994 unless EPA publishes a prior Federal Register action 
withdrawing this immediate final rule. All comments on Illinois' 
program revision application must be received by the close of business 
July 14, 1994. If an adverse comment is received, EPA will publish 
either: (1) A withdrawal of the immediate final decision, or (2) a 
notice containing a response to comments which either affirms that the 
immediate final decision takes effect or reverses the decision.

ADDRESSES: Copies of Illinois' program revision application are 
available for inspection and copying, from 9 a.m. to 4 p.m., at the 
following addresses: Illinois Environmental Protection Agency, 2200 
Churchill Road, Springfield, Illinois 62706, contact: Todd Marvel (217) 
524-5024; USEPA, Region 5, 77 W. Jackson Blvd., Chicago, Illinois 
60604, contact: Gary Westefer (312) 886-7450. Written comments should 
be sent to Mr. Gary Westefer, Illinois Regulatory Specialist, U.S. EPA, 
Office of RCRA, HRM-7J, 77 W. Jackson Blvd., Chicago, Illinois 60604, 
phone (312) 886-7450.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Westefer, U.S. EPA Region 5, 
77 West Jackson Boulevard, Chicago, Illinois 60624. Phone: 312/886-
7450.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of RCRA, 42 
U.S.C 6929(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program.
    In accordance with 40 CFR 271.21, revisions to State hazardous 
waste programs are necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, State program revisions are necessitated by changes to 
EPA's regulations in 40 CFR parts 124, 260 through 266, 268, and 270.

B. Illinois

    Illinois initially received final authorization for its program 
effective January 31, 1986. (51 FR 3778, January 30, 1986). Illinois 
received authorization for revisions to its program effective on March 
5, 1988 (53 FR 126, January 5, 1988), April 30, 1990 (55 FR 7320, March 
1, 1990), and June 3, 1991 (56 FR 13595, April 3, 1991). On December 
17, 1993, Illinois submitted a program revision application for 
additional program approvals. Today, Illinois is seeking approval of 
its program revision in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Illinois' application, and has made an immediate 
final decision that Illinois' hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant final authorization for the 
additional program modifications to Illinois. The public may submit 
written comments on EPA's immediate final decision up until July 14, 
1994. Copies of Illinois' application for program revision are 
available for inspection and copying at the locations indicated in the 
``Addresses'' section of this notice.
    Approval of Illinois' program revision shall become effective in 60 
days unless an adverse comment pertaining to the State's revision 
discussed in this notice is received by the end of the comment period. 
If an adverse comment is received, EPA will publish either: (1) A 
withdrawal of the immediate final decision; or (2) a notice containing 
a response to comments which either affirms that the immediate final 
decision takes effect or reverses the decision.
    On August 15, 1994, Illinois will be authorized to carry out, in 
lieu of the Federal program, those provisions of the State's program 
which are analogous to the following provisions of the Federal program:

------------------------------------------------------------------------
           Federal requirement               Analogous State authority  
------------------------------------------------------------------------
HSWA codification rule--delisting         Rules 35 IAC 720.122,         
 correction 1, June 27, 1989, 54 FR        effective June 16, 1990.     
 27114\1\.                                                              
Listing of spent pickle liquor--          Rules 35 IAC 721.132,         
 correction 2, August 3, 1987, 52 FR       effective June 16, 1988.     
 28697.                                                                 
Liability coverage--Corporate guarantee,  Rules 35 IAC 724.247; 724.251;
 July 11, 1986, 51 FR 25350-25356.         725.247, effective July 16,  
                                           1987.                        
Amendments to part B information          Rules 35 IAC 703.185,         
 requirements for disposal facilities,     effective December 3, 1987.  
 June 22, 1987, 52 FR 23447-23450. As                                   
 amended on September 9, 1987, 52 FR                                    
 33936.                                                                 
California list waste restrictions, July  Rules 35 IAC 720.111; 722.170;
 8, 1987, 52 FR 23447-23450.\1\ As         724.113; 725.113; 728.102;   
 amended on October 27, 1987, 52 FR        728.103; 728.104; 728.107;   
 41295-41296\1\.                           728.130; 728.132; 728.140;   
                                           728.142; 728.150; section 728
                                           appendix C, effective June   
                                           16, 1988.                    
List (phase 1) of hazardous constituents  Rules 35 IAC 703.185; 724.198;
 for ground-water monitoring, July 9,      724.199; section 724 appendix
 1987, 52 FR 25942-25953.                  I, effective June 16, 1988.  
Identification and listing of hazardous   Rules 35 IAC721, effective    
 waste, July 10, 1987, 52 FR 26012.        June 16, 1988.               
Exception reporting for small quantity    Rules 35 IAC 722.142; 722.144,
 generators of hazardous waste,            effective June 16, 1988.     
 September 23, 1987, 52 FR 35894-                                       
 35899\1\.                                                              
Liability requirements for hazardous      Rules 35 IAC 724.247; 725.247,
 waste facilities; corporate guarantee,    effective June 16, 1988.     
 November 18, 1987, 52 FR 44314-44321.                                  
HSWA codification rule 2--permit          Rules 35 IAC 703.185; 703.187,
 application requirements regarding        effective June 16, 1988.     
 corrective action, December 1, 1987, 52                                
 FR 45788-45799\1\.                                                     
HSWA codification rule 2--corrective      Rules 35 IAC 724.200; 724.201,
 action beyond the facility boundary,      effective June 16, 1988.     
 December 1, 1987, 52 FR 45788-45799\1\.                                
HSWA codification rule 2--corrective      Rules 35 IAC 704.151; 704.161;
 action for injection wells, December 1,   725.101; 703.141, effective  
 1987, 52 FR 45788-45799\1\.               June 16, 1988.               
HSWA codification rule 2--permit          Rules 35 IAC 702.184,         
 modification, December 1, 1987, 52 FR     effective June 16, 1988.     
 45788-45799\1\.                                                        
HSWA codification rule 2--permit as a     Rules 35 IAC 702.181,         
 shield provision December 1, 1987, 52     effective June 16, 1988.     
 FR 45788-45799\1\.                                                     
HSWA codification rule 2--permit          Rules 35 IAC 703.181,         
 conditions to protect human health and    effective June 16, 1988.     
 the environment, December 1, 1987, 52                                  
 FR 45788-45799\1\.                                                     
HSWA codification rule 2--post-closure    Rules 35 IAC 703.120; 703.121;
 permits, December 1, 1987, 52 FR 45788-   703.159; 703.160, effective  
 45799\1\.                                 June 16, 1988.               
Hazardous waste miscellaneous units,      Rules 35 IAC 703.183; 703.209;
 December 10, 1987, 52 FR 46946-46965.     704.161; 720.110; 724.110;   
                                           724.115; 724.118; 724.173;   
                                           724.190; 724.211; 724.212;   
                                           724.214; 724.217; 724.218;   
                                           724.244; 724.700; 724.701;   
                                           724.702; 724.703, effective  
                                           June 16, 1988.               
Technical corrections; identification     Rules 35 IAC 721.133; section 
 and listing of hazardous waste, April     721, appendix H, effective   
 22, 1988, 53 FR 13382-13393.              December 28, 1988.           
Identification and listing of hazardous   Rules 35 IAC 721.105,         
 waste; technical correction, July 19,     effective December 28, 1988. 
 1988, 53 FR 27162-27163\1\.                                            
Farmer exemptions; technical corrections  Rules 35 IAC 703.123; 722.110;
 July 19, 1988, 53 FR 27164-27165\1\.      724.101; 725.101; 728.101,   
                                           effective December 28, 1988. 
Identification and listing of hazardous   Rules 35 IAC 720.110; 721.104,
 waste; treatability studies sample,       effective December 28, 1988. 
 exemption, July 19, 1988, 53 FR 27290-                                 
 27302.                                                                 
Land disposal restrictions for first      Rules 35 IAC 724.113; 724.173;
 third scheduled wastes, August 17,        725.113; 725.173; 726.120;   
 1988, 53 FR 31138-31222, as amended on    728.101; 728.104; 728.107;   
 February 27, 1989, 53 FR 8264-8266.       728.108; 728.130; 728.131;   
                                           728.132; 728.133; 728.140;   
                                           728.141; 728.142; 728.143;   
                                           728.150, effective December  
                                           28, 1988.                    
Hazardous waste management system;        Rules 35 IAC 702.110; 720.110;
 standards for hazardous waste storage     724.414; 724.290; 724.293;   
 and treatment tank systems, September     724.296; 725.210; 725.214;   
 2, 1988, 53 FR 34079-37087\1\.            725.290; 725.293; 725.296;   
                                           725.301; effective November  
                                           13, 1989.                    
Identification and listing of hazardous   Rules 35 IAC 721.132; section 
 waste; and designation, reportable        721, appendix G, effective   
 quantities, and notification, September   November 13, 1989.           
 13, 1988, 53 FR 35412-35421.                                           
Permit modifications for hazardous waste  Rules 35 IAC 702.110; 702.181;
 management facilities, September 28,      702.149; 703.222; 703.223;   
 1988, 53 FR 37912-37942, as amended on    703.230; 703.260; 703.270;   
 September 28, 1988, 53 FR 41649.          703.271; 703.280; 703.281;   
                                           703.282; 703.283; Section 703
                                           Appendix A; 705.128; 724.154;
                                           724.212; 724.218; 725.212;   
                                           725.218; effective November  
                                           13, 1989.                    
Statistical methods for evaluating        Rules 35 IAC 724.191; 724.192;
 ground-water monitoring data from         724.197; 724.198; 724.199,   
 hazardous waste facilities, October 11,   effective November 13, 1989. 
 1988, 53 FR 39720-39731.                                               
Identification and listing of hazardous   Rules 35 IAC 721.133; section 
 waste; removal of iron dextran from the   721, appendix H, effective   
 list of hazardous wastes, October 31,     November 13, 1989.           
 1988, 53 FR 43878-43881.                                               
Identification and listing of hazardous   Rules 35 IAC 721.133; section 
 waste; removal of strontium sulfide       721, appendix H, effective   
 from the list of hazardous wastes,        November 13, 1989.           
 October 31, 1988, 53 FR 43881-43884.                                   
Standards for generators of hazardous     Rules 35 IAC 722.120; section 
 waste, November 8, 1988, 53 FR 45089-     722, appendix A, effective   
 45093.                                    November 13, 1989.           
Hazardous waste miscellaneous units;      Rule 35 IAC 703.183, effective
 standards applicable to owners and        November 13, 1989.           
 operators, January 9, 1989, 53 FR 615-                                 
 617.                                                                   
Amendment to requirements for hazardous   Rule 35 IAC 703.225, effective
 waste incinerator permits, January 30,    April 16, 1990.              
 1989, 54 FR 4286-4288.                                                 
Changes to interim status facilities for  Rules 35 IAC 702.122; 703.121;
 hazardous waste management permits;       703.155; 703.157; 703.240;   
 procedures for post-closure permitting,   section 703, appendix A;     
 March 7, 1989, 54 FR 9596-9609.           705.101; 705.201; 705.212,   
                                           effective April 16, 1990.    
Land disposal restrictions amendments to  Rules 35 IAC 728.143,         
 first third scheduled wastes, May 2,      effective April 16, 1990.    
 1989, 54 FR 18836-18838\1\.                                            
Land disposal restrictions for second     Rules 35 IAC 728.134; 728.141;
 third scheduled wastes, June 23, 1989,    728.142; 728.143, effective  
 54 FR 26594-26652\1\.                     August 22, 1990.             
Land disposal restrictions; correction    Rules 35 IAC 726.120; 728,101;
 to the first third scheduled wastes,      728.105; 728.106; 728.107;   
 September 6, 1989, 54 FR 36967,\1\ as     728.108; 728.132; 728.133;   
 amended on June 13, 1990, 55 FR           728.144; 728.150, effective  
 23935\1\.                                 August 22, 1990 as amended   
                                           June 17, 1991.               
Reportable quantity adjustment methyl     Rules 35 IAC 721.132; section 
 bromide production wastes October 6,      721, appendix C; appendix G, 
 1989, 54 FR 41402-41408\1\.               Effective August 22, 1990.   
Reportable quantity adjustment, December  Rules 35 IAC 721.131; Section 
 11, 1989, 54 FR 50968-50979\1\.           721, appendix G; appendix H, 
                                           effective August 22, 1990.   
Land disposal restrictions third          Rules 35 IAC 721.120; 721.121;
 scheduled wastes, January 31, 1991, 56    721.122; 721.123; 721.124;   
 FR 3864--3928\1\.                         721.131; 721.133; section 721
                                           Appendix G; 722.111; 722.134;
                                           724.113; 724.239; 724.456;   
                                           724.381; 724.412; 724.416;   
                                           725.101; 725.113; 725.329;   
                                           725.356; 725.381; 725.412;   
                                           725.416; 728.101; 728.102;   
                                           728.103; 728.107; 728.108;   
                                           728.109; 728.135; 728.140;   
                                           728.141; 728.142; 728.143;   
                                           section 703 appendix A;      
                                           section 728 appendix D;      
                                           appendix E; appendix F;      
                                           appendix G; appendix H;      
                                           section 728, table A; table  
                                           C; table D; table E,         
                                           effective June 17, 1991.     
Land disposal restrictions for third      Rules 35 IAC 721.103; 172.120;
 third scheduled wastes, January 31,       721.131; 722.111; 722.134;   
 1991, 56 FR 3864-3928\1\.                 728.102; 728.107; 728.109;   
                                           728.133; 728.135; 728.140;   
                                           728.142; 728.143; section    
                                           703, appendix A; section 728,
                                           appendix D; appendix E;      
                                           appendix G; appendix H;      
                                           appendix I; section 728 table
                                           A; table B; table C; Table D;
                                           table E, Effective June 9,   
                                           1992.                        
Second correction to the third third      Rules 35 IAC 724.113; 725.113;
 land disposal restrictions, March 6,      728.103; 728.141; section    
 1992, 57 FR 8086-8089\1\.                 728, table D, effective March
                                           26, 1993.                    
Sharing of Information with agency for    Statute III. rev. stat. 11\1/ 
 toxic substances and disease registry,    2\, par. 1007, effective     
 November 8, 1984, SWDA 3019(b).           January 1, 1985.             
------------------------------------------------------------------------
\1\Indicates HSWA Provision.                                            

    EPA shall administer any RCRA hazardous waste permits, or portions 
of permits, that contain conditions based upon the Federal program 
provisions for which the State is applying for authorization, and which 
were issued by EPA prior to the effective date of this authorization. 
EPA will suspend issuance of any further permits under the provisions 
for which the State is being authorized on the effective date of this 
authorization. EPA has previously suspended issuance of permits for the 
other provisions on January 31, 1986, March 5, 1988, April 30, 1990, 
and June 3, 1991, the effective dates of Illinois' final authorizations 
for the RCRA base program and for the subsequent program revisions, 
respectively.
    This authorization includes authorization for Illinois to impose 
certain land disposal prohibitions. Under 40 CFR 268.6, EPA may grant 
petitions of specific duration to allow land disposal of certain 
hazardous wastes provided certain criteria are met. States that have 
authority to impose land disposal prohibitions may ultimately be 
authorized under RCRA Section 3006 to grant petitions for such 
exemptions. However, EPA is currently requiring that these petitions be 
handled at EPA Headquarters. It should be noted that Illinois has its 
own procedures for petition submission and approval to allow land 
disposal of a prohibited waste. Therefore, the petitioner must satisfy 
both Federal and Illinois requirements, and be granted approval by both 
EPA and the State.
    Illinois is not authorized to operate the Federal program on Indian 
lands. This authority remains with EPA unless provided otherwise in a 
future statute or regulation.

C. Decision

    I conclude that Illinois' application for program revisions meets 
all of the statutory and regulatory requirements established by RCRA, 
and its amendments. Accordingly, Illinois is granted final 
authorization to operate its hazardous waste program as revised. 
Illinois now has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and carrying out the aspects of 
the RCRA program described in its revised program application, subject 
to the limitations of the HSWA. Illinois also has primary enforcement 
responsibilities, although EPA retains the right to conduct inspections 
under section 3007 of RCRA and to take enforcement actions under 
sections 3008, 3013, and 7003 of RCRA.

D. Incorporation by Reference

    EPA incorporates by reference, authorized State programs in 40 CFR 
part 272, to provide notice to the public of the scope of the 
authorized program in each State. Incorporation by reference of the 
Illinois program will be completed at a later date.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Illinois' program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. It does not impose any new 
burdens on small entities. This rule, therefore, does not require a 
regulatory flexibility analysis.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This notice 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: May 18, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-14414 Filed 6-13-94; 8:45 am]
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