[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10684-10687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6242]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5439-3]


Illinois; Final Authorization of Revisions to State Hazardous 
Waste Management Program

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). Illinois' revisions 
consist of provisions contained in rules promulgated between July 1, 
1989, and June 30, 1993, otherwise known as Non-HSWA Cluster VI, HSWA 
Cluster II, and RCRA Clusters I-III. These requirements are listed in 
Section B of this document. 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 May 
14, 1996 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 
April 15, 1996.

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, P.O. Box 19276, Springfield, Illinois 62794-9276, 
contact: Todd Marvel (217) 524-5024; U.S. EPA, Region 5, DR-7J, 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, DR-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 60604. Phone: 312/886-
7450.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under Section 3006(b) of the 
Resource Conservation and Recovery Act (RCRA or the Act), 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 addition, as an interim 
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter HSWA) allows States to revise their 
programs to become substantially equivalent instead of equivalent to 
RCRA requirements promulgated under HSWA authority. States exercising 
the latter option receive interim authorization for the HSWA 
requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and 
later apply for final authorization for the HSWA requirements.
    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

[[Page 10685]]
EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273 and 279.

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), June 3, 1991 (56 FR 13595, April 3, 1991), and August 15, 
1994 (59 FR 30525, June 14, 1994). On June 30, 1994, 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 April 15, 
1996.. 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 May 14, 1996, 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     
------------------------------------------------------------------------
Financial Responsibility--           Rule 35 IAC 725.213, Effective June
 Settlement Agreement Amendment,      17, 1991.                         
 June 26, 1990, 55 FR 25976.                                            
Delay of Closure Period for          Rules 35 IAC 703 Appendix A;       
 Hazardous Waste Management           724.113; 724.212; 724.213;        
 Facilities, August 14, 1989, 54 FR   724.242; 725.113; 725.212;        
 33376-33398.                         725.213; 725.242, Effective August
                                      22, 1990.                         
Mining Waste Exclusion I, September  Rules 35 IAC 721.103; 721.104,     
 1, 1989, 54 FR 36592-36642.          Effective August 22, 1990.        
Testing and Monitoring Activities,   Rules 35 IAC 720.111; 720 Appendix 
 September 29, 1989, 54 FR 40260-     A, Effective August 22, 1990.     
 40269.                                                                 
Changes to Part 124 not Accounted    Rules 35 IAC 705.121; 705.128;     
 for by Present Checklists, January   705.141; 705.163; 705.182,        
 4, 1990, 55 FR 00246-00248.          Effective September 25, 1990.     
Mining Waste Exclusion II, January   Rules 35 IAC 720.110, 721.104,     
 23, 1990, 55 FR 02322-2354.          722.123, Effective September 25,  
                                      1990.                             
Modification of F019 Listing,        Rule 35 IAC 721.131, Effective     
 February 14, 1990, 55 FR 5340-5342.  September 25, 1990.               
Testing and Monitoring Activities;   Rules 35 IAC 720.110; 721 Appendix 
 Technical Corrections, March 9,      B, 721 Appendix Table C, Effective
 1990, 55 FR 8948-8950.               September 25, 1990.               
Toxicity Characteristic Revisions,   Rules 35 IAC 721.104; 721.108;     
 March 29, 1990, 55 FR 11798-11877    721.124; 721.130; 721 Appendix B; 
 \1\ as amended June 29, 1990, 55     724.401; 725.321; 725.373; 728    
 FR 26986-26998 \1\.                  Appendix A, Effective September   
                                      25, 1990.                         
Listing of 1, 1-Dimethylhydrazine    Rules 35 IAC 721.132; 721 Appendix 
 Production Wastes, May 2, 1990, 55   C; 721 Appendix G, Effective June 
 FR 18496-18506 \1\.                  17, 1991.                         
Criteria for Listing Toxic Wastes;   Rule 35 IAC 721.111, Effective June
 Technical Amendment, May 4, 1990,    17, 1991.                         
 55 FR 18726.                                                           
HSWA Codification Rule, Double       Rules 35 IAC 724.321; 724.401,     
 Liners; Correction, May 9, 1990,     Effective June 17, 1991.          
 55 FR 19262-19264 \1\.                                                 
Land Disposal Restrictions for       Rules 35 IAC 721.120; 721.121;     
 Third Third Scheduled Wastes, June   721.122; 721.123; 721.124;        
 1, 1990, 55 FR 22520-22720 \1\.      721.131; 721.133; 721 Appendix G; 
                                      722.111; 722.134; 724.113;        
                                      724.329; 724.356; 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 728     
                                      Table A; Table B; Table C; Table  
                                      D; Table E, Effective June 9,     
                                      1992.                             
Organic Air Emmission Standards for  Rules 35 IAC 703.183; 703.210;     
 Process Vents and Equipment Leaks,   703.211; 720.111; 721.106;        
 June 21, 1990, 55 FR 25454-25519     724.113; 724.115; 724.173;        
 \1\.                                 724.177; 724.930; 724.931;        
                                      724.932; 724.933; 724.934;        
                                      724.935; 724.936; 724.950;        
                                      724.951; 724.952; 724.953;        
                                      724.954; 724.955; 724.956;        
                                      724.957; 724.958; 724.959;        
                                      724.960; 724.961; 724.962;        
                                      724.963; 724.964; 724.965;        
                                      725.113; 725.115; 725.173;        
                                      725.177; 725.930; 725.931;        
                                      725.932; 725.933; 725.934;        
                                      725.935; 725.950; 725.951;        
                                      725.952; 725.953; 725.954;        
                                      725.955; 725.956; 725.957;        
                                      725.958; 725.959; 725.960;        
                                      725.961; 725.962; 725.963;        
                                      725.964, Effective June 17, 1991. 
Toxicity Characteristic;             Rule 35 IAC 721.104, Effective     
 Hydrocarbon Recovery Operations,     September 30, 1991 and June 9,    
 October 5, 1990, 55 FR 40834-40837   1992.                             
 \1\ as amended February 1, 1991,                                       
 56 FR 3978 \1\ and April 2, 1991,                                      
 56 FR 13406-13411 \1\.                                                 
Petroleum Refinery Primary and       Rules 35 IAC 721.131; 721 Appendix 
 Secondary Oil/Water/Solids           G, Effective September 30, 1991.  
 Separation Sludges Listings (FO37                                      
 and FO38), November 2, 1990, 55 FR                                     
 46354-46397 \1\ as amended                                             
 December 17, 1990, 55 FR 51707 \1\.                                    
Wood Preserving Listings, December   Rules 35 IAC 703.212; 720.110;     
 6, 1990, 55 FR 50450-50490 \1\.      721.104; 721.131; 721.135; 721    
                                      Appendix C; 721 Appendix G; 721   
                                      Appendix H; 722.134; 724.290;     
                                      724.670; 724.671; 724.672;        
                                      724.673; 724.674; 724.675;        
                                      725.290; 725.540; 725.541;        
                                      725.542; 725.543; 725.544;        
                                      725.545, Effective September 30,  
                                      1991.                             
Toxicity Characteristic;             Rule 35 IAC 721.104, Effective June
 Chlorofluorocarbon Refrigerants,     9, 1992.                          
 February 13, 1991, 56 FR 5910-5915                                     
 \1\.                                                                   

[[Page 10686]]
                                                                        
Burning of Hazardous Waste in        Rules 35 IAC 703.155; 703.157;     
 Boilers and Industrial Furnaces,     703.208; 703.232; 703.280;        
 February 21, 1991, 56 FR 07134-      720.110; 720.111; 721.102;        
 7240 \1\.                            721.104; 721.106; 724.212;        
                                      724.440; 725.212; 725.213;        
                                      725.440; 726.200; 726.201;        
                                      726.202; 726.203; 726.204;        
                                      726.205; 726.206; 726.207;        
                                      726.208; 726.209; 726.210;        
                                      726.211; 726.212; 726 Appendix A; 
                                      726 Appendix B; 726 Appendix C;   
                                      726 Appendix D; 726 Appendix E;   
                                      726 Appendix F; 726 Appendix G;   
                                      726 Appendix H; 726 Appendix I;   
                                      726 Appendix J, Effective June 9, 
                                      1992.                             
Removal of Strontium Sulfide from    Rules 35 IAC 721.133; 721 Appendix 
 the List of Hazardous Wastes;        G, Effective June 9, 1992.        
 Technical Amendment, February 25,                                      
 1991, 56 FR 7567-7568.                                                 
Organic Air Emmission Standards for  Rules 35 IAC 703.210; 703.211;     
 Process Vents and Equipment Leaks;   724.930; 724.933; 724.935;        
 Technical Amendment, April 26,       724.952; 725.113; 725.173;        
 1991, 56 FR 19290 \1\.               725.930; 725.934; 725.935;        
                                      725.952; 725.964, Effective June  
                                      9, 1992.                          
Administrative Stay for KO69         Rule 35 IAC 721.132, Effective June
 Listing, May 1, 1991, 56 FR 19951.   9, 1992.                          
Revision to the Petroleum Refining   Rule 35 IAC 721.131, Effective June
 Primary and Secondary Oil/Water/     9, 1992.                          
 Solids Separation Sludge Listings,                                     
 May 13, 1991, 56 FR 21955-21960.                                       
Mining Waste Exclusion III, June     Rule 35 IAC 721.104, Effective June
 13, 1991, 56 FR 27300-27330.         9, 1992.                          
Wood Preserving Listings, June 13,   Rules 35 IAC 721.131; 724.672,     
 1991, 56 FR 27332-27336.             725.543, Effective June 9, 1992.  
Wood Preserving Listings; Technical  Rules 35 IAC 703.212; 721.104;     
 Corrections, July 1, 1991, 56 FR     721.135; 722.134; 724.670;        
 30192-30198 \1\.                     724.671; 724.672; 724.673;        
                                      724.674; 724.675; 725.540;        
                                      725.543, Effective November 6,    
                                      1992.                             
Burning of Hazardous Waste in        Rules 35 IAC 703.157; 703.208;     
 Boilers and Industrial Furnaces;     703.232; 703.280; 703 Appendix A; 
 Corrections and Technical            721.103; 721.106; 725.470;        
 Amendments I, July 17, 1991, 56 FR   726.140; 726.200; 726.202;        
 32688-32852 \1\.                     726.203; 726.204; 726.206;        
                                      726.207; 726.208; 726.209;        
                                      726.210; 726.212; 726 Appendix A; 
                                      726 Appendix B; 726 Appendix C;   
                                      726 Appendix D; 726 Appendix G;   
                                      726 Appendix H; 726 Appendix I;   
                                      726 Appendix J, Effective November
                                      6, 1992.                          
Burning of Hazardous Waste in        Rules 35 IAC 721.102; 725.212;     
 Boilers and Industrial Furnaces;     725.213; 726.200; 726.202;        
 Technical Amendments II, August      726.203; 726.204; 726.208;        
 27, 1991, 56 FR 42504-42517 \1\.     726.209; 726.210; 726.211;        
                                      726.212; 726 Appendix I; 726      
                                      Appendix K; 726 Appendix L,       
                                      Effective November 6, 1992.       
Exports of Hazardous Waste;          Rules 35 IAC 722.153; 722.156,     
 Technical Correction, September 4,   Effective November 6, 1992.       
 1991, 56 FR 43704-43705 \1\.                                           
Toxicity Characteristics Revisions;  Rules 35 IAC 721.104; 725.401,     
 Technical Corrections, July 10,      Effective November 22, 1993.      
 1992, 57 FR 30657-30658 \1\.                                           
Burning of Hazardous Waste in        Rules 35 IAC 720.110; 720.120;     
 Boilers and Industrial Furnaces;     721.102; 724.101; 725.101;        
 Technical Amendment III, August      726.200; 726.201; 726.203;        
 25, 1992, 57 FR 38558-38566 \1\.     726.204; 726.206; 726.207;        
                                      726.208; 726.212; 726 Appendix I, 
                                      Effective November 22, 1993.      
Burning of Hazardous Waste in        Rules 35 IAC 726.203; 726 Appendix 
 Boilers and Industrial Furnaces,     I, Effective November 22, 1993.   
 Amendment IV, September 30, 1992,                                      
 57 FR 44999-45001 \1\.                                                 
Toxicity Characteristic Revision;    Rule 35 IAC 721 Appendix B,        
 TCLP Correction, November 24,        Effective November 22, 1993 and   
 1992, 57 FR 55114-55117 \1\ as       April 21, 1994.                   
 amended February 2, 1993, 58 FR                                        
 6854 \1\.                                                              
Wood Preserving; Revisions to        Rules 35 IAC 721.131; 724.670;     
 Listings and Technical               724.671; 724.672; 724.673;        
 Requirements, December 24, 1992,     725.540; 725.541; 725.542;        
 57 FR 61492-61505 \1\.               725.543, Effective November 22,   
                                      1993.                             
------------------------------------------------------------------------
\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, 
June 3, 1991, and August 15, 1994, 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.

[[Page 10687]]


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.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When a written statement is needed for an EPA rule, section 
205 of the UMRA generally requires EPA to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, giving 
them meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising them on compliance with the 
regulatory requirements. EPA has determined that this rule does not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any one year. EPA does not 
anticipate that the approval of Illinois' hazardous waste program 
referenced in today's notice will result in annual costs of $100 
million or more. EPA's approval of State programs generally have a 
deregulatory effect on the private sector because once it is determined 
that a State hazardous waste program meets the requirements of RCRA 
section 3006(b) and the regulations promulgated thereunder at 40 CFR 
Part 271, owners and operators of hazardous waste treatment, storage, 
or disposal facilities (TSDFs) may take advantage of the flexibility 
that an approved State may exercise. Such flexibility will reduce, not 
increase, compliance costs for the private sector. Thus, today's rule 
is not subject to the requirements of sections 202 and 205 of the UMRA. 
EPA has determined that this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. The 
Agency recognizes that small governments may own and/or operate TSDFs 
that will become subject to the requirements of an approved State 
hazardous waste program. However, such small governments which own and/
or operate TSDFs are already subject to the requirements in 40 CFR 
Parts 264, 265 and 270. Once EPA authorizes a State to administer its 
own hazardous waste program and any revisions to that program, these 
same small governments will be able to own and operate their TSDFs with 
increased levels of flexibility provided under the approved State 
program.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 5 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: February 23, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-6242 Filed 3-14-96; 8:45 am]
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