[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Proposed Rules]
[Pages 45834-45839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15219]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2020-0275; FRL-10011-96-Region 5]


Illinois: Proposed 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 the Environmental Protection Agency 
(EPA) for final authorization of changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. 
EPA has reviewed Illinois' application and has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization. Therefore, we are proposing to authorize the State's 
changes. EPA seeks public comment prior to taking final action.

DATES: Comments on this proposed rule must be received by September 14, 
2020.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: [email protected].
    EPA must receive your comments by September 14, 2020. Direct your 
comments to Docket ID Number EPA-R05-RCRA-2020-0275. EPA's policy is 
that all comments received will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI), or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through www.regulations.gov, or email. The federal 
www.regulations.gov website is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
submission methods, the full EPA public comment policy, information 
about CBI or multi-media submissions, and general guidance on making 
effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov, index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
www.regulations.gov. For alternative access to docket materials, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Judith Greenberg, RCRA C and D 
Section, Land, Chemicals and Redevelopment Division, LL-17J, U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604; telephone number: (312) 886-4179, email address: 
[email protected]. The EPA Region 5 office is open from 9:00 
a.m. to 4:00 p.m., Monday through Friday, excluding federal holidays 
and facility closures due to COVID-19.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA 
Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the federal program. As the federal program changes, states must 
change their programs and request EPA to authorize the changes. Changes 
to state programs may be necessary when federal or state statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, states must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.
    New federal requirements and prohibitions imposed by federal 
regulations that EPA promulgated pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized states at the 
same time they take effect in unauthorized states. Thus, EPA will 
implement those requirements and prohibitions in Illinois, including 
the issuance of new permits implementing those requirements, until the 
State is granted authorization to do so.

B. What decisions have we made in this rule?

    On August 7, 2019, Illinois submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program that correspond to certain federal rules promulgated between 
July 20, 1993 and January 13, 2015. EPA concludes that Illinois' 
application to revise its authorized program meets all the statutory 
and regulatory requirements established under RCRA, as set forth in 
RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. 
Therefore, EPA proposes to grant Illinois final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application, and as outlined below in Section G of this 
document.
    Illinois has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and for carrying out the aspects 
of the RCRA program described in its revised program application, 
subject to the limitations of HSWA, as discussed above.

C. What will be the effect if Illinois is authorized for these changes?

    If Illinois is authorized for the changes described in Illinois' 
authorization application, these changes will become a part of the 
authorized state hazardous waste program and will therefore be 
federally enforceable. Illinois will continue to have primary 
enforcement authority and responsibility for its state hazardous waste 
program. EPA would maintain its authorities under RCRA sections 3007, 
3008, 3013, and 7003, including its authority to:

[[Page 45835]]

     Conduct inspections, and require monitoring, tests, 
analyses, and reports;
     Enforce RCRA requirements, including authorized state 
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action will not impose additional requirements on the 
regulated community because the regulations for which EPA is proposing 
to authorize Illinois are already effective under state law and are not 
changed by today's proposed action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives comments on this proposed action, we will address 
all such comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you should do so at this time.

E. What has Illinois previously been authorized for?

    Illinois initially received Final Authorization on October 16, 
1986, effective October 30, 1986 (51 FR 36804), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Illinois' program on the following dates: March 5, 1988 (53 
FR 126, January 5, 1988); April 30, 1990 (55 FR 7320, March 1, 1990); 
June 3, 1991 (56 FR 13595, April 3, 1991); August 15, 1994 (59 FR 
30525, June 14, 1994); May 14, 1996, (61 FR 10684, March 15, 1996); 
October 4, 1996 (61 FR 40520, August 5, 1996); and on March 10, 2017 
(82 FR 13256, March 10, 2017).

F. What changes are we proposing with today's action?

    On August 22, 2019, Illinois submitted a final complete program 
revision application, seeking authorization of changes to its hazardous 
waste management program in accordance with 40 CFR 271.21. EPA proposes 
to determine, subject to receipt of written comments that oppose this 
action, that Illinois' hazardous waste program revisions are equivalent 
to, consistent with, and no less stringent than the federal program, 
and therefore satisfy all the requirements necessary to qualify for 
final authorization. Therefore, EPA is proposing to authorize Illinois 
for the following program changes:

                             Table 1--Illinois' Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                             Analogous state
                                     Description of federal     Federal Register and     authority: Subtitle G:
          Rule checklist                  requirement                   date             Waste Disposal, 35 Ill.
                                                                                             Adm. Code (IAC)
----------------------------------------------------------------------------------------------------------------
125..............................  Requirements for           58 FR 38816, July 20,     720.111, 726.204,
                                    Preparation, Adoption,     1993.                     726.206, 726 Appendix J
                                    and Submittal of                                     (repealed).
                                    Implementation Plans.
126, 126.1.......................  Testing and Monitoring     58 FR 46040, August 31,   702.104, 703.205,
                                    Activities.                1993, as amended          703.223, 703.232,
                                                               September 19, 1994 at     720.111, 721.122,
                                                               59 FR 47980.              721.124, 721 Appendices
                                                                                         B and C, 721 Appendix J
                                                                                         (repealed), 724.290,
                                                                                         724.414, 728.107,
                                                                                         728.140, 728 Appendices
                                                                                         A and I.
127..............................  Burning of Hazardous       58 FR 59598, November 9,  726.212, 726 Appendix L.
                                    Waste in Boilers and       1993.
                                    Industrial Furnaces.
128..............................  Hazardous Waste            59 FR 00458, January 4,   720.111, 721 Appendix H.
                                    Management System;         1994.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Wastes from Wood
                                    Surface Protection.
129..............................  Hazardous Waste            59 FR 08362, February     721.104.
                                    Management System;         18, 1994.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Treatability
                                    Studies Sample Exclusion.
130..............................  Hazardous Waste            59 FR 10550, March 4,     739.100, 739.110,
                                    Identification and         1994.                     739.120, 739.141,
                                    Listing of Hazardous                                 739.144, 739.146,
                                    Waste; Recycled Used Oil                             739.153, 739.163.
                                    Management Standards.
131..............................  Recordkeeping              59 FR 13891, March 24,    724 Appendix A, 725
                                    Instructions.              1994.                     Appendix A.
132..............................  Hazardous Waste            59 FR 28484, June 2,      720.111.
                                    Management System;         1994.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Wastes from Wood
                                    Surface Protection;
                                    Correction.
133..............................  Standards Applicable to    59 FR 29958, June 10,     724.251.
                                    Owners and Operators of    1994.
                                    Hazardous Waste
                                    Treatment, Storage, and
                                    Disposal Facilities,
                                    Underground Storage
                                    Tanks, and Underground
                                    Injection Control
                                    Systems; Financial
                                    Assurance; Letter of
                                    Credit.
134..............................  Hazardous Waste            59 FR 31551, June 20,     721.133, 721 Appendix G,
                                    Management System;         1994.                     728.142.
                                    Correction of Listing of
                                    P015--Beryllium Powder.
135..............................  Identification and         59 FR 38536, July 28,     721.103, 721.104,
                                    Listing of Hazardous       1994.                     721.106, 726.200.
                                    Waste; Amendments to
                                    Definition of Solid
                                    Waste.
136..............................  Standards for the          59 FR 43496, August 24,   726.120, 728.141.
                                    Management of Specific     1994.
                                    Hazardous Wastes;
                                    Amendment to Subpart C--
                                    Recyclable Materials
                                    Used in a Manner
                                    Constituting Disposal;
                                    Final Rule.
137, 137.1.......................  Land Disposal              59 FR 47982. September    720.130, 720.131,
                                    Restrictions Phase II--    19, 1994, as amended      720.132, 720.133,
                                    Universal Treatment        January 3, 1995, at 60    721.102, 724.101,
                                    Standards, and Treatment   FR 242.                   725.101, 726.123,
                                    Standards for Organic                                726.200, 726 Appendix
                                    Toxicity Characteristic                              M, 728.101, 728.102,
                                    Wastes and Newly Listed                              728.107, 728.109,
                                    Waste.                                               728.138, 728.140,
                                                                                         728.141, 728.142,
                                                                                         728.143, 728.145,
                                                                                         728.146, 728.148, 728
                                                                                         Appendix D.
139..............................  Hazardous Waste            60 FR 03089, January 3,   720.111.
                                    Management System;         1995.
                                    Testing and Monitoring
                                    Activities--Amendment 1.
140, 140.1, 140.2................  Hazardous Waste            60 FR 07824, February 9,  721.103, 721.132,
                                    Management System;         1995, as amended April    721.133, 721 Appendices
                                    Carbamate Production       17, 1995 at 60 FR         G and H.
                                    Identification and         19165; and May 12,
                                    Listing of Hazardous       1995, at 60 FR 25619.
                                    Waste; and CERCLA
                                    Hazardous Substance
                                    Designation and
                                    Reportable Quantities.
141..............................  Hazardous Waste            60 FR 17001, April 4,     721.111.
                                    Management System;         1995.
                                    Testing and Monitoring
                                    Activities--Amendment 2.
144..............................  Solid Waste, Hazardous     60 FR 33912, June 29,     702.110, 702.120,
                                    Waste, Oil Discharge,      1995.                     721.131, 726.203,
                                    and Superfund Programs;                              726.204.
                                    Removal of Legally
                                    Obsolete Rules.
145..............................  Hazardous Waste            60 FR 35703, July 11,     724.414, 725.414.
                                    Management: Liquids in     1995.
                                    Landfills.
151, 151.1, 151.2, 151.3, 151.4,   Land Disposal              61 FR 15566, April 8,     728.101, 728.102,
 151.5, 151.6.                      Restrictions Phase III--   1996; as amended April    728.103, 728.107,
                                    Decharacterized            8, 1996, at 61 FR         728.108 (repealed).
                                    Wastewaters, Carbamate     15660; April 30, 1996     728.109, 728.139,
                                    Wastes, and Spent          at 61 FR 19117; June      728.140, 728.142,
                                    Potliners.                 28, 1996, at 61 FR        728.144, 728.148, 728
                                                               33680; July 10, 1996,     Appendix K.
                                                               at 61 FR 36419; August
                                                               26, 1996, at 61 FR
                                                               43924; and February 19,
                                                               1997, at 62 FR 7502.
153..............................  Criteria for               61 FR 34252, July 1,      722.114.
                                    Classification of Solid    1996.
                                    Waste Disposal
                                    Facilities and
                                    Practices;
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Requirements for
                                    Authorization of State
                                    Hazardous Waste Programs.

[[Page 45836]]

 
156..............................  Military Munitions Rule:   62 FR 06622, February     703.121, 703.280,
                                    Hazardous Waste            12, 1997.                 720.110, 721.102,
                                    Identification and                                   722,110, 722.120,
                                    Management; Explosives                               723.110, 724.101,
                                    Emergencies; Manifest                                724.170, 724.1200,
                                    Exemption for Transport                              724.1201, 724.1202,
                                    of Hazardous Waste on                                725.101, 725.170,
                                    Right-of-Ways on                                     725.1200, 725.1202,
                                    Contiguous Properties.                               726.300, 726.301,
                                                                                         726.302, 726.303,
                                                                                         726.304, 726.305,
                                                                                         726.306.
159..............................  Hazardous Waste            62 FR 32974, June 17,     721.132, 721.133, 721
                                    Management System;         1997.                     Appendices G and H,
                                    Carbamate Production,                                728.139, 728.140.
                                    Identification and
                                    Listing of Hazardous
                                    Waste; Land Disposal
                                    Restrictions.
161..............................  Second Emergency Revision  62 FR 45568, August 28,   728.140, 728.148.
                                    of the Land Disposal       1998.
                                    Restrictions (LDR)
                                    Treatment Standards for
                                    Listed Hazardous Wastes
                                    from Carbamate
                                    Production.
166, 166.1.......................  Recycled Used Oil          63 FR 24963, May 6,       721.106, 722.113,
                                    Management Standards;      1998, as amended July     739.110, 739.122,
                                    Technical Correction and   14, 1998, at 63 FR        739.145, 739.154,
                                    Clarification.             37780.                    739.164, 739.174.
167A.............................  Land Disposal              63 FR 28556, May 26,      728.102, 728.103,
                                    Restrictions Phase IV--    1998.                     728.134, 728.140,
                                    Treatment Standards for                              728.148.
                                    Metal Wastes and Mineral
                                    Processing Wastes.
167B.............................  Land Disposal              63 FR 28556, May 26,      728.102, 728.107,
                                    Restrictions Phase IV--    1998.                     728.144, 728.149.
                                    Hazardous Soils
                                    Treatment Standards and
                                    Exclusions.
167C, 167C.1.....................  Land Disposal              63 FR 28556, May 26,      728.104, 728.107,
                                    Restrictions Phase IV--    1998.                     728.140, 728.142,
                                    Corrections.                                         728.145, 728.148, 728
                                                                                         Appendices G and H.
167D.............................  Mineral Processing         63 FR 28556, May 26,      721.102, 721.104.
                                    Secondary Materials        1998.
                                    Exclusion.
167E.............................  Bevill Exclusion           63 FR 28556, May 26,      721.103, 721.104.
                                    Revisions and              1998.
                                    Clarification.
167F.............................  Exclusion of Recycled      63 FR 28556, May 26,      721.104.
                                    Wood Preserving            1998.
                                    Wastewaters.
169..............................  Petroleum Refining         63 FR 42110, August 6,    721.103, 721.104,
                                    Process.                   1998.                     721.106, 721.131,
                                                                                         721.132, 721 Appendix
                                                                                         G, 726.200, 728.135,
                                                                                         728.140.
170..............................  Land Disposal              63 FR 46332, August 31,   728.140.
                                    Restrictions--Phase IV.    1998.
171..............................  Emergency Provisions of    63 FR 47409, September    728.140, 728.148.
                                    the Land Disposal          4, 1998.
                                    Restrictions (LDR)
                                    Treatment Standards for
                                    Listed Hazardous Wastes
                                    from Carbamate
                                    Production.
174..............................  Standards Applicable to    63 FR 56710, October 22,  703.121, 703.161,
                                    Owners and Operators of    1998.                     703.182, 703.214,
                                    Closed/Closing                                       724.190, 724.210,
                                    Facilities.                                          724.212, 724.218,
                                                                                         724.240, 725.190,
                                                                                         725.210, 725.212,
                                                                                         725.218, 725.221,
                                                                                         725.240.
175..............................  Hazardous Remediation      63 FR 65874, November     702.110, 702.126,
                                    Waste Management           30, 1998.                 703.157, 703.234,
                                    Requirements (HWIR-                                  703.300, 703.301,
                                    Media).                                              703.302, 703.303,
                                                                                         703.304, 703.305,
                                                                                         703.306, 703 Appendix
                                                                                         A, 720.110, 721.104,
                                                                                         724.101, 724.173,
                                                                                         724.201, 724.652,
                                                                                         724.653, 724.654,
                                                                                         725.101, 728.102,
                                                                                         728.150.
178..............................  Petroleum Refining         64 FR 06806, February     721.104.
                                    Process Wastes.            11, 1999.
179..............................  Land Disposal              64 FR 25408, May 11,      721.102, 721.104,
                                    Restrictions Phase IV--    1999.                     722.134, 728.102,
                                    Technical Corrections                                728.107, 728.109,
                                    and Clarifications to                                728.140, 728.148,
                                    Treatment Standards.                                 728.149.
183..............................  Land Disposal              64 FR 56469, October 20,  721.132, 722.134.
                                    Restrictions Phase IV--    1999.                     728.107, 728.140,
                                    Technical Corrections.                               728.149.
187..............................  Organobromine Production   65 FR 36365, June 8,      721.131, 728 Appendix G.
                                    Waste and Petroleum        2000.
                                    Refining Process Waste:
                                    Technical Correction.
192A.............................  Mixture and Derived-From   66 FR 27266, May 16,      721.103.
                                    Rules Revisions.           2001.
192B.............................  Land Disposal              66 FR 27266, May 16,      728 Appendix G.
                                    Restrictions Correction.   2001.
194..............................  Correction to the          66 FR 50332, October 3,   721.103.
                                    Hazardous Waste            2001.
                                    Identification Rule
                                    (HWIR): Revisions to the
                                    Mixture and Derived-From
                                    Rules.
195, 195.1.......................  Inorganic Chemical         66 FR 58258, November     721.104, 721.132, 721
                                    Manufacturing Wastes       20, 2001, as amended      Appendix G, 728.136,
                                    Identification and         April 9, 2002, at 67 FR   728.140.
                                    Listing.                   17119.
196..............................  CAMU Amendments..........  67 FR 02962, January 22,  720.110, 724.650,
                                                               2002.                     724.651, 724.652.
199..............................  Vacatur of Mineral         67 FR 11251, March 13,    721.102, 721.104,
                                    Processing Spent           2002.                     721.124.
                                    Materials Being
                                    Reclaimed as Solid
                                    Wastes and TCLP Use with
                                    MGP Waste.
206, 206.1.......................  Non-wastewaters from Dyes  70 FR 09138, February     721.104, 721.132, 721
                                    and Pigments.              24, 2005, as amended      Appendices G and H,
                                                               June 13, 2005, at 70 FR   728.120, 728.140,
                                                               35032.                    728.148.

[[Page 45837]]

 
214..............................  CFR Corrections Rule I...  71 FR 40254, July 14,     702.101, 702.110,
                                                               2006.                     702.122, 702.123,
                                                                                         702.124, 702.126,
                                                                                         702.163, 703.153,
                                                                                         703.180, 703.181,
                                                                                         703.184, 703.186,
                                                                                         703.203, 703.204,
                                                                                         703.206, 703.212,
                                                                                         703.273, 703 Appendix
                                                                                         A, 720.110, 720.122,
                                                                                         720.140, 720.141,
                                                                                         721.102, 721.103,
                                                                                         721.104, 721.106,
                                                                                         721.121, 721.124,
                                                                                         721.131, 721.132,
                                                                                         721.133, 721.138, 721
                                                                                         Appendices G and H,
                                                                                         722.134, 722.153,
                                                                                         722.156, 722.170,
                                                                                         722.181, 722.182,
                                                                                         722.183, 722.184,
                                                                                         722.187, 724.101,
                                                                                         724.113, 724.117,
                                                                                         724.118, 724.197,
                                                                                         724.198, 724.199,
                                                                                         724.201, 724.211,
                                                                                         724.212, 724.215,
                                                                                         724.216, 724.218,
                                                                                         724.219, 724.240,
                                                                                         724.242, 724.243,
                                                                                         724.245, 724.247,
                                                                                         724.251, 724.275,
                                                                                         724.293, 724.321,
                                                                                         724.323, 724.326,
                                                                                         724.351, 724.352,
                                                                                         724.359, 724.380,
                                                                                         724.383, 724.401,
                                                                                         724.402, 724.404,
                                                                                         724.414, 724.417,
                                                                                         724.444, 724.652,
                                                                                         724.653, 724.654,
                                                                                         724.655, 724.673,
                                                                                         724.700, 724.701,
                                                                                         724.930, 724.933,
                                                                                         724.934, 724.935,
                                                                                         724.950, 724.958,
                                                                                         724.964, 724.980,
                                                                                         724.990, 724.1101,
                                                                                         724.1102, 724 Appendix
                                                                                         A, 725.101, 725.112,
                                                                                         725.114, 725.116,
                                                                                         725.119, 725.156,
                                                                                         725.190, 725.211,
                                                                                         725.212, 725.213,
                                                                                         725.217, 725.219,
                                                                                         725.240, 724.242,
                                                                                         725.245, 725.247,
                                                                                         725.274, 725.293,
                                                                                         725.294, 725.297,
                                                                                         725.301, 725.321,
                                                                                         725.324, 725.328,
                                                                                         725.329, 725.355,
                                                                                         725.359, 725.380,
                                                                                         725.381, 725.401,
                                                                                         725.402, 725.403,
                                                                                         725.412, 725.414,
                                                                                         725.416, 725.505,
                                                                                         725.541, 725.543,
                                                                                         725.545, 725.933,
                                                                                         725.935, 725.963,
                                                                                         725.980, 725.985,
                                                                                         725.987, 725.990,
                                                                                         725.1100, 725.1101, 725
                                                                                         Appendices A, E, and F,
                                                                                         726.106, 726.170,
                                                                                         726.180, 726.200,
                                                                                         726.202, 726.203,
                                                                                         726.209, 726 Appendices
                                                                                         C, D, E, F, H, I, and
                                                                                         M, 727.240, 728.102,
                                                                                         728.104, 728.106,
                                                                                         728.107, 728.114,
                                                                                         728.140, 728.142,
                                                                                         728.144, 728.145,
                                                                                         728.149, 728.150, 728
                                                                                         Appendix H, 733.109,
                                                                                         733.113, 733.114,
                                                                                         733.134, 739.101,
                                                                                         739.110, 739.111,
                                                                                         739.143, 739.144,
                                                                                         739.145, 739.152,
                                                                                         739.155, 739.156,
                                                                                         739.157, 739.159,
                                                                                         739.163, 739.164,
                                                                                         739.170.
220..............................  Academic Laboratories      73 FR 72912, December 1,  722.110, 722.113,
                                    Generator Standards,       2008.                     722.300, 722.301,
                                    Alternative for                                      722.302, 722.303,
                                    Hazardous Determination                              722.304, 722.305,
                                    and Accumulation.                                    722.306, 722.307,
                                                                                         722.308, 722.309,
                                                                                         722.310, 722.311,
                                                                                         722.312, 722.313,
                                                                                         722.314, 722.315,
                                                                                         722.316.
226..............................  Technical Corrections to   75 FR 79304, December     722.300, 722.306,
                                    the Generator Standards    20, 2010.                 722.314, 726.312.
                                    for Academic
                                    Laboratories.
233A.............................  Revisions to the           80 FR 1694, January 13,   720.131, 720.133,
                                    Definition of Solid        2015.                     720.142.
                                    Waste.
233B.............................  Revisions to the           80 FR 1694, January 13,   720.110, 720.143,
                                    Definition of Solid        2015.                     721.102.
                                    Waste.
233C.............................  Revisions to the           80 FR 1694, January 13,   721.101.
                                    Definition of Solid        2015.
                                    Waste.
233D1............................  Revisions to the           80 FR 1694, January 13,   720.110, 720.130,
                                    Definition of Solid        2015.                     720.131, 720.134,
                                    Waste.                                               721.101, 721.102,
                                                                                         721.104, 721.500,
                                                                                         721.510, 721.511,
                                                                                         721.520.
233E.............................  Revisions to the           80 FR 1694, January 13,   720.110, 721.102,
                                    Definition of Solid        2015.                     721.104, 721.270,
                                    Waste.                                               721.271, 721.272,
                                                                                         721.273, 721.275,
                                                                                         721.276, 721.277,
                                                                                         721.279, 721.290,
                                                                                         721.291, 721.293,
                                                                                         721.294, 721.296,
                                                                                         721.297, 721.298,
                                                                                         721.299, 721.300,
                                                                                         721.930, 721.931,
                                                                                         721.933, 721.950,
                                                                                         721.951, 721.980,
                                                                                         721.981, 721.982,
                                                                                         721.983, 721.986,
                                                                                         721.989.
----------------------------------------------------------------------------------------------------------------

    Illinois' application included a statement signed by the Attorney 
General's office on February 15, 2019, that certified, among other 
things, that the provisions for which the State is seeking 
authorization are contained in statutes and regulations lawfully 
adopted and which were in effect at the time the statement was signed.

G. Where are the revised state rules different from the federal rules?

    When revised state rules differ from the federal rules in the RCRA 
state authorization process, EPA determines whether the state rules are 
equivalent to, more stringent than, or broader in scope than the 
federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929, 
state programs may contain requirements that are more stringent than 
the federal regulations. Such more stringent requirements can be 
federally authorized and, once authorized, become federally 
enforceable. Although the statute does not prevent states from adopting 
regulations that are broader in scope than the federal program, states 
cannot receive federal authorization for such regulations, and they are 
not federally enforceable.

More Stringent Rules

    EPA considers the following state requirements to be more stringent 
than the federal requirements:
     35 IAC 722.122 and 722.123(a)(4), because 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).
     35 IAC 722.141, 724.175, and 725.175, because Illinois 
requires an annual report instead of the biennial report required in 40 
CFR 262.22, 264.75, and 265.75.
     35 IAC 724.156(i), because Illinois has added this 
provision to facilitate state notification.
     35 IAC 725.245, because 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).
     35 IAC 725.414, because Illinois prohibits all liquids in 
landfills; whereas the federal rules allow for exceptions in 40 CFR 
265.314(f)(1) and (2).
     35 IAC Part 729, because Illinois prohibits disposal of 
certain hazardous wastes in landfills. This part has no

[[Page 45838]]

directly equivalent federal part, but it is a counterpart of the land 
ban regulations at 40 CFR part 268 and the landfill requirements at 40 
CFR parts 264 and 265.
     35 IAC 728.106(e), because Illinois requires at least a 
90-day notice when a facility wants to make changes to unit design; 
whereas EPA in 40 CFR 268.6(e) only requires a 30-day notice.
     35 IAC 703.271(e), because Illinois adds some additional 
cases where a permit must be modified.
    These requirements would become part of Illinois' authorized 
program and would be federally enforceable.

Broader in Scope Rules

    EPA also considers the following state requirements to go beyond 
the scope of the federal program:
     35 IAC 721.103(g), because Illinois does not allow the 
exemption allowed in the federal rules at 40 CFR 261.3(g)(4), for 
certain mixtures.
     35 IAC 739.146, because Illinois adds subsection (a)(6) 
which covers special waste (35 IAC Part 808) not regulated in the RCRA 
subtitle C program.
     35 IAC 739.146(a)(6), 739.156(a)(7), 739.165(a)(7), and 
739.174(a)(7), because Illinois has added information requirements for 
special wastes.
    Broader-in-scope requirements do not become part of the authorized 
program and EPA cannot enforce them. Although regulated entities must 
comply with these requirements in accordance with state law, they are 
not RCRA requirements.

Nondelegable Rules

    EPA cannot authorize the federal requirements at 40 CFR 260.21, 
268.5, 268.6, 268.42(b), and 268.44. Although Illinois has adopted 
these requirements verbatim from the federal regulations at 35 IAC 
720.121, 728.105, 728.106, 728.142(b), and 728.144, EPA would continue 
to implement the federal requirements.

Universal Waste Lamps Rules Not Authorized

    Illinois allows Lamp Crushing under its current version of the 
Universal Waste Rule (35 IAC 733.105, 733.113(d), 733.133(d), and 
733.134(e)), and has not applied for authorization of the Universal 
Waste Lamps Rule. In the future, EPA will determine whether to prohibit 
crushing of lamps, or decide under what conditions lamp crushing may be 
permitted. Until the issue is resolved, no state that allows crushing 
may be authorized for the Universal Waste Lamps rule, and the Illinois 
version of the Universal Waste Lamps Rule is not part of the Illinois 
authorized program.

H. Who handles permits after the final authorization takes effect?

    When the final authorization takes effect, Illinois will issue 
permits for all the provisions for which it is authorized and will 
administer the permits it issues. EPA will continue to administer any 
RCRA hazardous waste permits or portions of permits which EPA issues 
prior to the effective date of the proposed authorization until they 
expire or are terminated. EPA will not issue any new permits or new 
portions of permits for the provisions listed in the Table above after 
the effective date of the authorization. EPA will continue to implement 
and issue permits for HSWA requirements for which Illinois is not yet 
authorized. EPA has the authority to enforce state-issued permits after 
the State is authorized.

I. How does proportionate share liability affect Illinois' RCRA 
program?

    Illinois' RCRA authorities are not impacted by the proportionate 
share liability (PSL) provision of the Illinois Environmental 
Protection Act, 415 ILCS 5/58.9(a)(1). Section 58.9(a)(1) provides, in 
pertinent part:
    Notwithstanding any other provisions of this Act to the contrary, . 
. . in no event may the Agency, the State of Illinois, or any person 
bring an action pursuant to this Act or the Groundwater Protection Act 
to require any person to conduct remedial action or to seek recovery of 
costs for remedial activity conducted by the State of Illinois or any 
person beyond the remediation of releases of regulated substances that 
may be attributed to being proximately caused by such person's act of 
omission or beyond such person's proportionate degree of responsibility 
for costs of the remedial action of releases of regulated substances 
that were proximately caused or contributed to by 2 or more persons.
    Section 58.9 is part of Title XVII (Site Remediation Program) of 
the Illinois Environmental Protection Act. Title XVII does not apply to 
a particular site if ``. . . (ii) the site is a treatment, storage, or 
disposal site for which a permit has been issued, or that is subject to 
closure requirements under federal or state solid or hazardous waste 
laws'' (415 ILCS 5/58.1(a)(2)(ii)). Hazardous waste treatment, storage, 
and disposal facilities under Subtitle C of RCRA fall within the 
exclusion at Section 58.1(a)(2)(ii). These facilities are subject to 
closure and post-closure care requirements under the Act (415 ILCS 5/
22.17) and Illinois program rules that are identical in substance to 
federal rules at 40 CFR part 264 (35 IAC 724). The Illinois Appellate 
Court has held that the PSL does not apply to sites that are outside 
the scope of Title XVII. People of the State of Illinois v. State Oil, 
822 NE. 2d 876 (Ill. App. 2004). Therefore, the exclusion at Section 
58.1(a)(2)(ii) renders Title XVII, including Section 58.9, inapplicable 
to sites upon which RCRA regulated facilities are located. Based on 
this exclusion, and as indicated by the Illinois Attorney General in 
the Attorney General Statement included in the State's October 19, 2015 
final program revision application, the PSL provision does not impact 
the adequacy of Illinois' RCRA authorities.

J. What is codification and is EPA codifying Illinois' hazardous waste 
program as authorized in this rule?

    Codification is the process of placing citations and references to 
the state's statutes and regulations that comprise the state's 
authorized hazardous waste program into the Code of Federal 
Regulations. EPA does this by adding those citations and references to 
the authorized state rules in 40 CFR part 272. EPA previously codified 
Illinois' authorized program in effect as of June 3, 1991, at 40 CFR 
part 272, subpart O (See 57 FR 3722, January 31, 1992). EPA is not 
proposing to amend the codification of the authorization of Illinois' 
changes at this time. However, EPA reserves the ability to amend 40 CFR 
part 272, subpart O for the authorization of Illinois' program at a 
later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to 
authorize state requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those imposed by state law. 
Therefore, this action is not subject to review by OMB. This action is 
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory 
action because actions such as today's proposed authorization of 
Illinois' revised hazardous waste program under RCRA are exempted under 
Executive Order 12866. Accordingly, I certify that this action will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this action proposes to authorize pre-

[[Page 45839]]

existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (2 U.S.C. 1531-1538). For the same reason, this action also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). This action will not have substantial direct effects 
on the states, on the relationship between the national government and 
the states, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999), because it merely proposes to authorize 
state requirements as part of the state RCRA hazardous waste program 
without altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant, and it does not make decisions based on 
environmental health or safety risks. This action is not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a state's application for 
authorization as long as the state meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a state authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in proposing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of this action in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive 
Order 12898 (59 FR 7629, February 16, 1994) establishes federal 
executive policy on environmental justice. Its main provision directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. Because this action proposes authorization of pre-
existing state rules which are at least equivalent to, and no less 
stringent than existing federal requirements, and imposes no additional 
requirements beyond those imposed by state law, and there are no 
anticipated significant adverse human health or environmental effects, 
this proposed rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirement.

    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: July 9, 2020.

Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-15219 Filed 7-29-20; 8:45 am]
BILLING CODE 6560-50-P