[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Rules and Regulations]
[Pages 13256-13259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2015-0555; FRL-9958-05-Region 5]


Illinois: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting the State of Illinois Final Authorization of 
the changes to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The Agency published a proposed 
rule on March 18, 2016, and provided for public comment. EPA received 
no comments. No further opportunity for comment will be provided. EPA 
has determined that these changes satisfy all requirements needed to 
qualify for final authorization.

DATES: The final authorization will be effective on March 10, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R05-RCRA-2015-0555. 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., 
Confidential Business Information 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 either electronically at 
www.regulations.gov or in hard copy. You may view and copy Illinois' 
application from 9:00 a.m. to 4:00 p.m. at the following addresses: 
U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, Chicago, Illinois 
60604, contact: Gary Westefer (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 conclude that Illinois' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we are granting 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

[[Page 13257]]

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 is the effect of this final rule?

    This final rule requires all facilities in Illinois that are 
subject to RCRA to comply with the newly-authorized state requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Illinois has enforcement 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, authorize EPA to:
    1. Do inspections, and require monitoring, tests, analyses, or 
reports;
    2. enforce RCRA requirements and suspend or revoke permits; and
    3. 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 that EPA is authorizing in 
this action are already in effect, and will not be changed by this 
action.

D. Proposed Rule

    On March 18, 2016 (81 FR 14808), EPA proposed to authorize changes 
to Illinois' hazardous waste program and opened the decision to public 
comment. The Agency received no comments on this proposal. EPA found 
Illinois RCRA program to be satisfactory.

E. What RCRA authorization has EPA previously granted Illinois to 
implement?

    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 this 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. Therefore we are granting Illinois Final 
Authorization for the following program changes (a table with the 
complete state analogues is provided in the March 18, 2016 proposed 
rule):

    Universal Waste Rule, General Provisions, Checklist 142A, May 
11, 1995, 60 FR 25492.
    Universal Waste Rule, Specific Provisions for Batteries, 
Checklist 142B, May 11, 1995 60 FR 25492.
    Universal Waste Rule, Specific Provisions for Pesticides, 
Checklist 142C, May 11, 1995 60 FR 25492.
    Universal Waste Rule, Specific Provisions for Thermostats, 
Checklist 142D, May 11, 1995, 60 FR 25492.
    Universal Waste Rule, Provisions for Petitions to Add a New 
Universal Waste, Checklist 142E, May 11, 1995, 60 FR 25492.
    RCRA Expanded Public Participation, Checklist 148, December 11, 
1995, 60 FR 63417.
    Identification and Listing of Hazardous Waste, Amendments to 
Definition of Solid Waste, Checklist 150, March 26, 1996, 61 FR 
13103.
    Imports and Exports of Hazardous Waste, Checklist 152, April 12, 
1996, 61 FR 16290.
    Hazardous Waste Treatment, Storage, and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emission Standards for 
Tanks, Surface Impoundments and Containers, Checklist 154, November 
25, 1996, 61 FR 59931; as amended, Checklist 154.1, December 12, 
1994, 59 FR 62896; as amended, Checklist 154.2, May 19, 1995, 60 FR 
26828; as amended, Checklist 154.3, September 29, 1995, 60 FR 50426; 
as amended, Checklist 154.4, November 13, 1995, 60 FR 56952; as 
amended, Checklist 154.5, February 9, 1996, 61 FR 4903; as amended 
Checklist 154.6, June 5, 1996, 61 FR 28508.
    Land Disposal Restrictions Phase III--Emergency Extension of the 
K088 Capacity Variance, Checklist 155, January 14, 1997, 62 FR 1992.
    Land Disposal Restrictions: Phase IV Treatment Standards for 
Wood Preserving Wastes, Paperwork Reduction and Streamlining, 
Exemptions From RCRA for Certain Processed Materials and 
Miscellaneous Hazardous Waste Provisions, Checklist 157, May 12, 
1997, 62 FR 25998.
    Hazardous Waste Management System; Testing and Monitoring 
Activities, Checklist 158, June 13, 1997, 62 FR 32452.
    Land Disposal Restrictions: Phase III--Emergency Extension of 
the K088 National Capacity Variance, Checklist 160, July 14, 1997, 
62 FR 37694.
    Organic Air Emission Standards for Tanks, Surface Impoundments 
and Containers; Clarification and Technical Amendment, Checklist 
163, December 8, 1997, 62 FR 64636.
    Kraft Mill Steam Stripper Exclusion, Checklist 164, April 15, 
1998, 63 FR 18504.
    Emergency Revisions of LDR Treatment Standards, Checklist 172, 
September 9, 1998, 63 FR 48124.
    Land Disposal Restrictions Treatment Standards (Spent 
Potliners), Checklist 173, September 24, 1998, 63 FR 51254.
    Universal Waste Rule; Technical Amendment (Conditionally 
Optional), Checklist 176, December 24, 1998, 63 FR 71225.
    Organic Air Emission Standards, Checklist 177, January 21, 1999, 
64 FR 3381.
    Test Procedures for the Analysis of Oil and Grease and Non-Polar 
Material, Checklist 180, May 14, 1999, 64 FR 26315.
    NESHAPS: Final Standards for Hazardous Air Pollutants for 
Hazardous Waste Combustors (MACT Rule), Checklist 182, September 30, 
1999, 64 FR 52827; as amended, Checklist 182.1, November 19, 1999, 
64 FR 63209.
    Waste Water Treatment Sludges from Metal Finishing Industry; 180 
Day Accumulation Time, Checklist 184, March 8, 2000, 65 FR 12378.
    Organobromine Production Wastes, Checklist 185, March 17, 2000, 
65 FR 14472.
    NESHAPS: Final Standards for Hazardous Air Pollutants for 
Hazardous Waste Combustors, Checklist 188, July 10, 2000, 65 FR 
42292; as amended: Second Technical Correction, Checklist 188.1, May 
14, 2001, 66 FR 24270; as amended: Checklist 188.2, July 3, 2001, 66 
FR 35087.
    Chlorinated Aliphatics Listing and LDRs for Newly Identified 
Wastes, Checklist 189, November 8, 2000, 65 FR 67068.
    Deferral pf Phase IV Standards for PCBs as a Constituent Subject 
to Treatment in Soil, Checklist 190, December 26, 2000, 65 FR 81373.
    Storage, Treatment, Transportation and Disposal of Mixed Waste, 
Checklist 191, May 16, 2001, 66 FR 27218.
    Change of EPA Mailing Address, Additional Technical Amendments 
and Corrections, Checklist 193, June 28, 2001, 66 FR 34374.
    Hazardous Air Pollutant Standards for Combustors: Interim 
Standards, Checklist 197, February 13, 2002, 67 FR 6792.
    Hazardous Air Pollutant Standards for Combustors; Corrections, 
Checklist 198, February 14, 2002, 67 FR 6968.
    Land Disposal Restrictions: National Treatment Variance To 
Designate New Treatment Subcategories for Radioactively Contaminated 
Cadmium-, Mercury-, and Silver-Containing Batteries, Checklist 201, 
November 21, 2002, 67 FR 62618.
    NESHAP: Standards for Hazardous Air Pollutants for Hazardous 
Waste Combustors--Corrections, Checklist 202, December 19, 2002, 67 
FR 77687.
    NESHAP: Surface Coating of Automobiles and Light Duty Trucks, 
Checklist 205, October 26, 2004, 69 FR 22601.
    Hazardous Waste Management System; Modification of the Hazardous 
Waste Manifest System, Checklist 207, March 4, 2005, 70 FR 10776; as 
amended, Checklist 207.1, June 16, 2005, 70 FR 35034.
    Standardized Permit for RCRA Hazardous Waste Management 
Facilities, Checklist 210, September 8, 2005, 70 FR 53420.
    NESHAP: Final Standards for Hazardous Waste Combustors (Phase I 
Final

[[Page 13258]]

Replacement Standards and Phase II), Checklist 212, October 12, 
2005, 70 FR 59402.

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. 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 Section F above after the effective date of this 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Illinois is not yet authorized.

I. How does this 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 part 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). EPA is not codifying the 
authorization of Illinois' changes at this time. We reserve the 
amendment of 40 CFR part 272, subpart O, for the codification of 
Illinois' program changes until a later date.

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L. Statutory and Executive Order Reviews

    This 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 rule 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 rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

3. Regulatory Flexibility Act

    This 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 rule 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 rule 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 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 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 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 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 rule.

10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing 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.

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 rule 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 rule 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 rule is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994).

13. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication in the Federal 
Register. A major rule cannot take effect until sixty (60) days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This final authorization will be 
effective March 10, 2017.

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: December 23, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-04785 Filed 3-9-17; 8:45 am]
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