8710 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 5, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Revise § 180.245 to read as follows: 

§ 180.245 Streptomycin; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

streptomycin, including its metabolites 

and degradates, in or on the 

commodities in Table 1 to this 

paragraph (a). Compliance with the 

tolerance levels specified in Table 1 to 

this paragraph (a) is to be determined by 

measuring only streptomycin (O-2- 

Deoxy-2-(methylamino)-aLglucopyranosyl-(1-2)-O-5-deoxy-3- 

Cformyl-a-L-lyxofuranosyl-(1-4)-N,N′- 

bis(aminoiminomethyl)-D-streptamine) 

in or on the commodity. 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

Bean, dry, seed ........................ 0.5 

Bean, succulent ........................ 0.5 

Celery ....................................... 0.25 

Fruit, citrus, group 10–10 ......... 0.8 

Fruit, citrus, group 10–10, dried 

pulp ....................................... 3 

Fruit, pome, group 11 ............... 0.25 

Pepper ...................................... 0.25 

Potato ....................................... 0.25 

Tomato ...................................... 0.25 

(b) Section 18 emergency exemptions. 

Time-limited tolerances are established 

for residues of streptomycin, in or on 

the agricultural commodities, as 

specified in Table 2 to this paragraph 

(b), resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. Compliance 

with the tolerance levels listed in Table 

2 to this paragraph (b) is to be 

determined by measuring the levels of 

streptomycin only, in or on the 

commodities listed in this Table 2 

paragraph (b). The tolerances expire on 

the dates specified in Table 2 to this 

paragraph (b). 

TABLE 2 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration 

date 

Fruit, citrus, group 10–10 ................................................................................................................................................ 2.0 12/31/22 

Fruit, citrus, group 10–10, dried pulp .............................................................................................................................. 6.0 12/31/22 

(c)–(d) [Reserved] 

[FR Doc. 2021–02511 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2019–0230; FRL–10018–73] 

Ethaboxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of ethaboxam in 

or on beet, sugar, roots. Valent U.S.A. 

LLC., requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

February 9, 2021. Objections and 

requests for hearings must be received 

on or before April 12, 2021, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2019–0230, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 


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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8711 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Publishing Office’s 

e-CFR site at http://www.ecfr.gov/cgibin/text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2019–0230 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before April 12, 2021. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2019–0230, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of August 2, 

2019 (84 FR 37818) (FRL–9996–78), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 9F8747) by Valent 

U.S.A. LLC, P.O. Box 8025, Walnut 

Creek, CA 94596–8025. The petition 

requested that 40 CFR part 180 be 

amended by establishing a tolerance for 

residues of the fungicide, ethaboxam, 

(N-(cyano-2-thienylmethyl)-4-ethyl-2- 

(ethylamino)-5-thiazolecarboxamide), in 

or on beet, sugar, root at 0.01 parts per 

million (ppm). That document 

referenced a summary of the petition 

prepared by Valent U.S.A. LLC, the 

registrant, which is available in the 

docket, http://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. Based 

upon review of the data supporting the 

petition, EPA has modified the 

commodity definitions, tolerance levels, 

and tolerances being established. The 

reasons for these changes are explained 

in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of the FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of the FFDCA requires EPA 

to give special consideration to 

exposure of infants and children to the 

pesticide chemical residue in 

establishing a tolerance and to ‘‘ensure 

that there is a reasonable certainty that 

no harm will result to infants and 

children from aggregate exposure to the 

pesticide chemical residue. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for ethaboxam 

including exposure resulting from the 

tolerance established by this action. 

EPA’s assessment of exposures and risks 

associated with ethaboxam follows. 

On August 8, 2017, EPA published in 

the Federal Register a final rule 

establishing tolerances for residues of 

ethaboxam in or on several commodities 

based on the Agency’s conclusion that 

aggregate exposure to ethaboxam is safe 

for the general population, including 

infants and children. See (82 FR 36086) 

(FRL–9961–69). EPA is incorporating 

the following portions of that document 

by reference here, as they have not 

changed in the Agency’s current 

assessment of ethaboxam tolerances: 

The toxicological profile and points of 

departure; description of the 

assumptions for assessing exposure 

from residues in or on food, in drinking 

water, and residential exposures; cancer 

assessment and conclusion that a 

nonlinear reference dose (Rfd) approach 

is appropriate for assessing cancer risk; 

conclusions about cumulative risk; 

Agency’s determination regarding the 

children’s safety factor; and tolerance 

expression, which have not changed. 

EPA’s risk assessment, titled 


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8712 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 

‘‘Ethaboxam. Human Health Risk 

Assessment for Non-food Seed 

Treatment,’’ supports the tolerances 

established in March 9, 2012, and can 

be found at http://www.regulations.gov 

at docket ID EPA–HQ–OPP–2011–0908– 

0003. Although the Agency 

incorporated the assumptions for 

exposure assessment from the March 9, 

2012, final rule and risk assessment, the 

Agency conducted a revised risk 

assessment to incorporate exposure to 

residues of ethaboxam from use as a 

seed treatment on sugar beets. The 

updated risk assessment, titled 

‘‘Ethaboxam. Human Health Risk 

Assessment Supporting the Proposed 

New Use on Sugar Beet Seeds,’’ is in 

docket ID number EPA–HQ–OPP–2019– 

0230. 

EPA’s exposure assessments have 

been updated to include the additional 

exposure from use of ethaboxam on 

sugar beet, relied on tolerance-level 

residues, an assumption of 100 percent 

crop treated (PCT), and 2018 default 

processing factors for all processed 

commodities, except for potato, grape, 

and sugar beet proceeded commodities, 

for which the processing studies 

demonstrated no concentration. EPA’s 

aggregate exposure assessment 

incorporated this additional dietary 

exposure, which includes exposure 

through drinking water. However, 

drinking water exposures are not 

impacted by the new use on sugar beet, 

and thus have not changed since the last 

assessment. Additionally, although 

sugar beet molasses and dried pulp are 

considered significant livestock feed 

items, the requested new use on sugar 

beets will not result in the need to 

establish ethaboxam tolerances in 

livestock commodities. 

An acute dietary risk assessment was 

not conducted since effects attributable 

to a single exposure were not identified. 

Chronic dietary risks are below the 

Agency’s level of concern: 36% of the 

chronic population adjusted dose 

(cPAD) for children 1 to 2 years old, the 

group with the highest exposure. Due to 

no existing registered or proposed 

residential uses associated with 

ethaboxam, there is not expected to be 

any residential handler exposure or 

post-application dermal exposures. 

Residential post-application oral and 

inhalation exposures are not expected. 

Since there are no residential uses, the 

aggregate exposure is equal to the 

dietary exposure and thus is not of 

concern. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children from aggregate 

exposure to ethaboxam residues. More 

detailed information on the subject 

action to establish tolerances in or on 

beet, sugar, roots can be found in the 

document entitled, ‘‘Ethaboxam. Human 

Health Risk Assessment Supporting the 

Proposed New Use on Sugar Beet 

Seeds’’ by going to http://

www.regulations.gov. The referenced 

document is available in the docket 

established by this action, which is 

described under ADDRESSES. Locate and 

click on the hyperlink for docket ID 

number EPA–HQ–OPP–2019–0230. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

There are adequate residue analytical 

methods for enforcing tolerances for 

ethaboxam residues of concern in/on 

the registered plant commodities. The 

methods include high-performance 

liquid chromatography with tandem 

mass-spectrometric detection (LC–MS/ 

MS) for determining residues in/on 

sugar beets. 

The methods may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

email address: residuemethods@

epa.gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex has not established MRLs 

for ethaboxam in or on beet, sugar, 

roots; however, Canada’s Pest 

Management Regulatory Agency 

(PMRA) is simultaneously evaluating 

the proposed use for ethaboxam on 

sugar beet seeds. EPA is establishing the 

same tolerance level for beet, sugar, 

roots as PMRA’s proposed MRL of 0.03 

ppm. Therefore, there are no 

harmonization issues. 

C. Revisions to Petitioned-For 

Tolerances 

The requested tolerance in ‘‘beet, 

sugar, root’’ was modified to read ‘‘beet, 

sugar, roots’’ to be consistent with 

Agency naming practices. The 

petitioned-for tolerance level of 0.01 

ppm in beet, sugar, roots has been 

modified to 0.03 ppm based on the pertrial average residue corrected for all 

field trial dissipation. This is consistent 

with the Organization for Economic 

Cooperation and Development (OECD) 

tolerance calculation procedure when 

all residues are corrected for apparent 

storage stability decline. 

V. Conclusion 

Therefore, tolerances are established 

for residues of ethaboxam in or on beet, 

sugar, roots at 0.03 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), nor is it considered a 

regulatory action under Executive Order 

13771, entitled ‘‘Reducing Regulations 

and Controlling Regulatory Costs’’ (82 

FR 9339, February 3, 2017). This action 

does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA) (44 U.S.C. 3501 et seq.), nor does 

it require any special considerations 

under Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 


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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 8713 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 15, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.622, amend paragraph (a) 

by designating the table and adding in 

alphabetical order in newly designated 

table 1 to paragraph (a) an entry for 

‘‘Beet, sugar, roots’’ to read as follows: 

§ 180.622 Ethaboxam; tolerances for 

residues. 

* * * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Beet, sugar, roots ..................... 0.03 

* * * * * 

* * * * * 

[FR Doc. 2021–02574 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2020–0275; FRL–10017– 

08–Region 5] 

Illinois: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final authorization. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting Illinois final 

authorization for changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The Agency published a 

Proposed Rule on July 30, 2020 and 

provided for public comment. No 

adverse comments were received on the 

proposed revisions. No further 

opportunity for comment will be 

provided. 

DATES: This final authorization is 

effective February 9, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–RCRA–2020–0275. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Jean 

Gromnicki, Illinois Regulatory 

Specialist, U.S. EPA Region 5, LL–17J, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886–6162, email 

Gromnicki.jean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. What changes to Illinois’ hazardous 

waste program is EPA authorizing with 

this action? 

On August 7, 2019, Illinois submitted 

a complete program revision application 

seeking authorization of changes to its 

hazardous waste program in accordance 

with 40 CFR 271.21. EPA published a 

Proposed Rule on July 30, 2020 and 

requested public comment. EPA 

received two comments which were 

generally supportive of this state 

authorization action. EPA now makes a 

final decision that Illinois’ hazardous 

waste program revisions that are being 

authorized are equivalent to, consistent 

with, and no less stringent than the 

Federal program, and therefore satisfy 

all of the requirements necessary to 

qualify for final authorization. For a list 

of State rules being authorized with this 

Final Authorization, please see the 

Proposed Rule published in the July 30, 

2020, Federal Register at 85 FR 45834. 

B. What is codification and is EPA 

codifying the 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 is not codifying the 

authorization of Illinois’ revisions at 

this time. However, EPA reserves the 

ability to amend 40 CFR part 272, 

subpart O for the authorization of 

Illinois’ program changes at a later date. 

C. Statutory and Executive Order 

Reviews 

This final authorization revises 

Illinois’ authorized hazardous waste 

management program pursuant to 

Section 3006 of RCRA and imposes no 

requirements other than those currently 

imposed by State law. For further 

information on how this authorization 

complies with applicable executive 

orders and statutory provisions, please 

see the Proposed Rule published in the 

July 30, 2020, Federal Register at 85 FR 

45834. The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 


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