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[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14808-14813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05816]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2015-0555; FRL-9943-72-Region 5]

Illinois: Final 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 EPA for Final Authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has reviewed Illinois' application with 
regards to federal requirements, and is proposing to authorize the 
state's changes.

DATES: Comments on this proposed rule must be received on or before 
April 18, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2015-0555 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    Email: westefer.gary@epa.gov.
    Mail: Gary Westefer, Illinois Regulatory Specialist, LR-8J, U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand Delivery: Gary Westefer, LR-8J, U.S. EPA, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only 
accepted during the normal business hours of operation; special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2015-0555. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://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 www.regulations.gov Web site 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 or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
    Docket: 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., CBI or other information 
for which 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 in http://www.regulations.gov or in hard copy. You may 
view and copy Illinois' application from 9 a.m. to 4 p.m. at the 
following addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson 
Boulevard, Chicago, Illinois, contact: Gary Westefer

[[Page 14809]]

(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 westefer.gary@epa.gov.

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 have made a tentative decision that Illinois' application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we propose to grant 
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 
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 will be the effect if Illinois is authorized for these changes?

    If Illinois is authorized for these changes, a facility in Illinois 
subject to RCRA will have to comply with the authorized state 
requirements instead of the corresponding federal requirements in order 
to comply with RCRA. Additionally, such facilities will have to comply 
with any applicable federal requirements such as, for example, HSWA 
regulations issued by the EPA for which the state has not received 
authorization. Illinois continues to have enforcement authorities and 
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, authority to:
    1. Conduct inspections which may include but are not limited to 
requiring monitoring, tests, analyses and/or reports;
    1. Enforce RCRA requirements which may include but are not limited 
to suspending, terminating, modifying and/or revoking permits; and
    3. Take enforcement actions regardless of whether the state has 
taken its own actions.
    The action to approve these revisions will not impose additional 
requirements on the regulated community because the regulations for 
which Illinois is requesting authorization are already effective under 
state law, and will not be changed by the act of authorization.

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

    If EPA receives adverse comments on this authorization, we will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.

E. What has Illinois previously been authorized for?

    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 today's 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. We are now proposing to authorize, subject to 
receipt of written comments that oppose this action, Illinois' 
hazardous waste program revision. We propose to grant Illinois Final 
Authorization for the following program changes:

------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous State
          requirement             date and page          authority
------------------------------------------------------------------------
Universal Waste Rule: General   May 11, 1995, 60   35 IAC 703.123;
 Provisions, Checklist 142A.     FR 25492.          720.101; 721.105;
                                                    722.110; 722.111;
                                                    724.101; 725.101;
                                                    728.101; 733.101;
                                                    733.103; 733.105;
                                                    733.106; 733.111;
                                                    733.112; 733.114;
                                                    733.115; 733.116;
                                                    733.117; 733.118;
                                                    733.119; 733.120;
                                                    733.131; 733.132;
                                                    733.134; 733.135;
                                                    733.136; 733.137;
                                                    733.138; 733.139;
                                                    733.140; 733.151;
                                                    733.152; 733.153;
                                                    733.154; 733.155;
                                                    733.156; 733.160;
                                                    733.161; 733.162;
                                                    733.170; Effective
                                                    April 15, 1998.
Universal Waste Rule: Specific  May 11, 1995, 60   35 IAC 703.123;
 Provisions for Batteries,       FR 25492.          720.110; 721.106;
 Checklist 142B.                                    721.109; 724.101;
                                                    725.101; 726.180;
                                                    728.101; 733.102;
                                                    733.106;
                                                    733.113(a),(b),(c);
                                                    733.114;
                                                    733.133(a),(b),(c);
                                                    733.134; Effective
                                                    April 15, 1998.
Universal Waste Rule: Specific  May 11, 1995, 60   35 IAC 703.123;
 Provisions for Pesticides,      FR 25492.          720.110; 721.109;
 Checklist 142C.                                    724.101; 725.101;
                                                    728.101; 733.101;
                                                    733.103; 733.106;
                                                    733.113(a),(b),(c);
                                                    733.114; 733.132;
                                                    733.133(a),(b),(c);
                                                    733.134; Effective
                                                    April 15, 1998.

[[Page 14810]]

 
Universal Waste Rule: Specific  May 11, 1995, 60   35 IAC 703.123;
 Provisions for Thermostats,     FR 25492.          720.110; 721.109;
 Checklist 142D.                                    724.101; 725.101;
                                                    728.101; 733.101;
                                                    733.104; 733.106;
                                                    733.113(a),(b),(c);
                                                    733.114;
                                                    733.133(a),(b),(c);
                                                    733.134; Effective
                                                    April 15, 1998.
Universal Waste Rule:           May 11, 1995, 60   35 IAC 720.120;
 Provisions for Petitions to     FR 25492.          720.123; 733.180;
 Add a New Universal Waste,                         733.181; Effective
 Checklist 142E.                                    April 15, 1998.
RCRA Expanded Public            December 11,       35 IAC 702.110;
 Participation, Checklist 148.   1995, 60 FR        703.183; 703.191;
                                 63417.             703.192; 703.193;
                                                    703.220; 703.223;
                                                    703.225; 703.232;
                                                    703.248; Effective
                                                    December 16,1997.
Identification and Listing of   March 26, 1996,    35 IAC 721.104;
 Hazardous Waste; Amendments     61 FR 13103.       Effective December
 to Definition of Solid Waste,                      16, 1997.
 Checklist 150.
Imports and Exports of          April 12, 1996,    35 IAC 721.106;
 Hazardous Waste, Checklist      61 FR 16290.       722.110; 722.153;
 152.                                               722.156; 722.158;
                                                    722.180; 722.181;
                                                    722.182; 722.183;
                                                    722.184; 722.185;
                                                    722.186; 722.187;
                                                    722.189; 723.110;
                                                    723.120; 724.112;
                                                    724.171; 725.112;
                                                    725.171; 726.170;
                                                    733.120; 733.140;
                                                    733.156; 733.170;
                                                    Effective December
                                                    16, 1997.
Hazardous Waste Treatment,      November 25,       35 IAC 702.181;
 Storage, and Disposal           1996, 61 FR        703.184; 703.201;
 Facilities and Hazardous        59931; November    703.202; 703.203;
 Waste Generators; Organic Air   25, 1996, 61 FR    703.213; 720.111;
 Emission Standards for Tanks,   59931; December    721.106; 722.134;
 Surface Impoundments and        12, 1994, 59 FR    724.113; 724.115;
 Containers, Checklist, 154;     62896; May 19,     724.173; 724.177;
 as amended: Checklist 154.1;    1995, 60 FR        724.279; 724.300;
 as amended: Checklist 154.2;    26828; September   724.332; 724.701;
 as amended: Checklist 154.3;    29, 1995, 60 FR    724.930; 724.933;
 as amended: Checklist 154.4;    50426; November    724.934; 724.935;
 as amended: Checklist 154.5;    13, 1995, 60 FR    724.950; 724.955;
 as amended: Checklist 154.6.    56952; February    724.958; 724.964;
                                 9, 1996, 61 FR     724.980; 724.981;
                                 4903; June 5,      724.982; 724.983;
                                 1996, 61 FR        724.984; 724.985;
                                 28508..            724.986; 724.987;
                                                    724.988; 724.989;
                                                    724.990; 724.991;
                                                    725.101; 725.113;
                                                    725.115; 725.173;
                                                    725.177; 725.278;
                                                    725.302; 725.331;
                                                    725.930; 725.933;
                                                    725.934; 725.935;
                                                    725.950; 725.955;
                                                    725.958; 725.964;
                                                    725.980; 725.981;
                                                    725.982; 725.983;
                                                    725.984; 725.985;
                                                    725.986; 725.987;
                                                    725.988; 725.989;
                                                    725.990; 725.991;
                                                    725 Appendix F;
                                                    Effective September
                                                    28, 1998.
Land Disposal Restrictions:     January 14, 1997,  35 IAC 728.139;
 Phase III--Emergency            62 FR 1992.        Effective September
 Extension of the K088                              28, 1998.
 Capacity Variance, Checklist
 155.
Land Disposal Restrictions:     May 12, 1997, 62   35 IAC 721.104;
 Phase IV--Treatment Standards   FR 25998.          721.106; 728.101;
 for Wood Preserving Wastes,                        728.104; 728.107;
 Paperwork Reduction and                            728.109; 728.130;
 Streamlining, Exemptions From                      728.140; 728.142;
 RCRA for Certain Processed                         728.144; 728
 Materials and Miscellaneous                        Appendix F; 728
 Hazardous Waste Provisions,                        Appendix G; 728
 Checklist 157.                                     Appendix H;
                                                    Effective September
                                                    28, 1998.
Hazardous Waste Management      June 13, 1997, 62  35 IAC 720.111;
 System; Testing and             FR 32452.          724.934; 724.963;
 Monitoring Activities,                             724 Appendix I;
 Checklist 158.                                     725.934; 725.963;
                                                    726.204; 726.206;
                                                    726.207; 726
                                                    Appendix I;
                                                    Effective September
                                                    28, 1998.
Land Disposal Restrictions:     July 14, 1997, 62  35 IAC 728.139;
 Phase III--Emergency            FR 37694.          Effective January
 Extension of the K088                              19, 1999.
 National Capacity Variance,
 Checklist 160.
Organic Air Emission Standards  December 8, 1997,  35 IAC 703.183;
 for Tanks, Surface              62 FR 64636.       724.115; 724.173;
 Impoundments and Containers;                       724.930; 724.933;
 Clarification and Technical                        724.950; 724.960;
 Amendment, Checklist 163.                          724.962; 724.964;
                                                    724.980; 724.982;
                                                    724.983; 724.984;
                                                    724.985; 724.986;
                                                    724.987; 724.989;
                                                    725.115; 725.173;
                                                    725.930; 725.933;
                                                    725.950; 725.960;
                                                    725.962; 725.964;
                                                    725.980; 725.981;
                                                    725.982; 725.983;
                                                    725.984; 725.985;
                                                    725.986; 725.987;
                                                    725.988; 725.990;
                                                    725 Appendix F;
                                                    Effective January
                                                    19, 1999.
Kraft Mill Steam Stripper       April 15, 1998,    35 IAC 721.104;
 Exclusion, Checklist 164.       63 FR 18504.       Effective January
                                                    19, 1999.
Emergency Revisions of LDR      September 9,       35 IAC 728.134;
 Treatment Standards,            1998, 63 FR        Effective July 26,
 Checklist 172.                  48124.             1999.
Land Disposal Restrictions      September 24,      35 IAC 728.139;
 Treatment Standards (Spent      1998, 63 FR        728.140; Effective
 Potliners), Checklist 173.      51254.             July 26, 1999.
Universal Waste Rule;           December 24,       35 IAC 726.180;
 Technical Amendment             1998, 63 FR        733.106; Effective
 (Conditionally Optional),       71225.             July 26, 1999.
 Checklist 176.
Organic Air Emission            January 21, 1999,  35 IAC 722.134;
 Standards, Checklist 177.       64 FR 3381.        724.931; 724.980;
                                                    724.983; 724.984;
                                                    724.986; 725.980;
                                                    725.984; 725.985;
                                                    725.987; Effective
                                                    January 21, 2000.
Test Procedures for the         May 14, 1999, 64   35 IAC 720.111;
 Analysis of Oil and Grease      FR 26315.          Effective January
 and Non-Polar Material,                            21, 2000.
 Checklist 180.

[[Page 14811]]

 
NESHAPS: Final Standards for    September 30,      35 IAC 703.205;
 Hazardous Air Pollutants for    1999, 64 FR        703.208; 703.221;
 Hazardous Waste Combustors      52827, November    703.232; 703
 (MACT Rule), Checklist 182 as   19, 1999, 64 FR    Appendix A; 720.110;
 amended: Checklist 182.1.       63209.             721.138; 724.440;
                                                    724.701; 725.440;
                                                    726.200; 726.201;
                                                    726.205; 726.212;
                                                    726 Appendix H;
                                                    Effective June 20,
                                                    2000.
Waste Water Treatment Sludges   March 8, 2000, 65  35 IAC 722.134;
 from Metal Finishing            FR 12378.          Effective January
 Industry; 180 Day                                  11, 2001.
 Accumulation Time, Checklist
 184.
Organobromine Production        March 17, 2000,    35 IAC 721.132;
 Wastes, Checklist 185.          65 FR 14472.       721.133; 721
                                                    Appendix G; 721
                                                    Appendix H; 728.133;
                                                    728.140; 728.148;
                                                    Effective January
                                                    11, 2001.
NESHAPS: Final Standards for    July 10, 2000, 65  35 IAC 703.280;
 Hazardous Air Pollutants for    FR 42292, May      721.138; 724.440;
 Hazardous Waste Combustors,     14, 2001, 66 FR    Effective July 9,
 Checklist 188 as amended:       24270, July 3,     2001.
 Second Technical Correction,    2001, 66 FR
 Checklist 188.1 as amended:     35087.
 Checklist 188.2..
Chlorinated Aliphatics Listing  November 8, 2000,  35 IAC 721.132; 721
 and LDRs for Newly Identified   65 FR 67068.       Appendix G; 721
 Wastes, Checklist 189.                             Appendix H; 728.133;
                                                    728.140; 728.148;
                                                    Effective July 9,
                                                    2001.
Deferral pf Phase IV Standards  December 26,       35 IAC 728.132;
 for PCBs as a Constituent       2000, 65 FR        728.148; 728.149;
 Subject to Treatment in Soil,   81373.             728 Appendix C;
 Checklist 190.                                     Effective July 9,
                                                    2001.
Storage, Treatment,             May 16, 2001, 66   35 IAC 726.310;
 Transportation and Disposal     FR 27218.          726.320; 726.325;
 of Mixed Waste, Checklist 191.                     726.330; 726.335;
                                                    726.340; 726.345;
                                                    726.350; 726.355;
                                                    726.360; 726.405;
                                                    726.410; 726.415;
                                                    726.420; 726.425;
                                                    726.430; 726.435;
                                                    726.440; 726.445;
                                                    726.450; 726.455;
                                                    726.460; Effective
                                                    April 22, 2002.
Change of EPA Mailing Address,  June 28, 2001, 66  35 IAC 720.111;
 Additional Technical            FR 34374.          Effective April 22,
 Amendments and Corrections,                        2002.
 Checklist 193.
Hazardous Air Pollutant         February 13,       35 IAC 703.205;
 Standards for Combustors:       2002, 67 FR 6792.  703.208; 703.221;
 Interim Standards, Checklist                       703.232; 703.320;
 197.                                               724.440; 725.440;
                                                    726.200; Effective
                                                    February 14, 2003.
Hazardous Air Pollutant         February 14,       35 IAC 703.280;
 Standards for Combustors;       2002, 67 FR 6968.  726.200; Effective
 Corrections, Checklist 198.                        February 14, 2003.
Land Disposal Restrictions:     November 21,       35 IAC 728.140;
 National Treatment Variance     2002, 67 FR        Effective July 17,
 To Designate New Treatment      62618.             2003.
 Subcategories for
 Radioactively Contaminated
 Cadmium-, Mercury-, and
 Silver-Containing Batteries,
 Checklist 201.
NESHAP: Standards for           December 19,       35 IAC 703.205;
 Hazardous Air Pollutants for    2002, 67 FR        703.208; 703.221;
 Hazardous Waste Combustors--    77687.             703.232; Effective
 Corrections, Checklist 202.                        July 17, 2003.
NESHAP: Surface Coating of      October 26, 2004,  35 IAC 724.950;
 Automobiles and Light Duty      69 FR 22601.       Effective February
 Trucks, Checklist 205.                             23, 2006.
Hazardous Waste Management      March 4, 2005, 70  35 IAC 720.110;
 System; Modification of the     FR 10776 June      721.107; 722.120;
 Hazardous Waste Manifest        16, 2005, 70 FR    722.121; 722.127;
 System, Checklist 207, as       35034.             722.132; 722.133;
 Amended: Checklist 207.1.                          722.134; 722.154;
                                                    722.160; 722
                                                    Appendix 8700-22;
                                                    733.120; 733.121;
                                                    724.170; 724.171;
                                                    724.172; 724.176;
                                                    725.170; 725.171;
                                                    725.172; 725.176;
                                                    Effective February
                                                    23, 2006.
Standardized Permit for RCRA    September 8,       35 IAC 702.101;
 Hazardous Waste Management      2005, 70 FR        702.110; 702.120;
 Facilities, Checklist 210.      53420.             702,125; 703.125;
                                                    703.191; 703.192;
                                                    703.238; 703.260;
                                                    703.270; 703.272;
                                                    703.350; 703.351;
                                                    703.352; 703.353;
                                                    705.102; 705.128;
                                                    705.300; 705.301;
                                                    705.302; 705.303;
                                                    705.304; 720.110;
                                                    720.111; 721.107;
                                                    727.100; 727.110;
                                                    727.130; 727.150;
                                                    727.170; 727.190;
                                                    727.210; 727.240;
                                                    727.270; 727.290;
                                                    727.900; 727
                                                    Appendix A;
                                                    Effective December
                                                    20, 2006.
NESHAP: Final Standards for     October 12, 2005,  35 IAC 703.110;
 Hazardous Waste Combustors      70 FR 59402.       703.189; 703.205;
 (Phase I Final Replacement                         703.208; 703.210;
 Standards and Phase II),                           703.211; 703.221;
 Checklist 212.                                     703.232; 703.241;
                                                    703.280; 703.320;
                                                    703 Appendix A;
                                                    720.111; 724.440;
                                                    725.440; 726.200;
                                                    Effective December
                                                    20, 2006.
------------------------------------------------------------------------

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.

[[Page 14812]]

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 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.

I. How does today's 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 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). We reserve the amendment of 40 
CFR part 272, subpart O for the codification of Illinois' program 
changes until a later date.

L. Statutory and Executive Order Reviews

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

[[Page 14813]]

3. Regulatory Flexibility Act

    This proposed 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 rulemaking 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 rulemaking 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule.

10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed 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 rulemaking 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 rulemaking 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 proposed rule is not subject to 
Executive Order 12898 (59 FR 7629, February 16, 1994).

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: February 29, 2016.
Robert Kaplan,
 Acting Regional Administrator, Region 5.
[FR Doc. 2016-05816 Filed 3-17-16; 8:45 am]
 BILLING CODE 6560-50-P
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