5450 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

confirming that Wisconsin has 

acceptable and enforceable annual 

emission statement regulations for the 

2015 ozone standard. 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 

redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone NAAQS in tribal lands. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: January 25, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–01943 Filed 1–31–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2021–0374; FRL–9466– 

01–R5] 

Illinois: Proposed Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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 March 18, 2022. 

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: Gonzalez.norberto@epa.gov. 

EPA must receive your comments by 

March 18, 2022. Direct your comments 

to Docket ID Number EPA–R05–RCRA– 

2021–0374. 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 multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www2.epa.gov/dockets/commentingepa-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 


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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: 

Norberto Gonzalez, RCRA C and D 

Section, Land, Chemicals and 

Redevelopment Division, LL–17J, U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Norberto Gonzalez can be 

reached by telephone at (312) 353–1612 

or via email at Gonzalez.norberto@

epa.gov. 

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 June 21, 2021, Illinois submitted 

a complete program revision application 

seeking authorization of changes to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated between December 5, 1997, 

and April 17, 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: 

• 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 this 

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); March 10, 2017 (82 FR 

13256, March 10, 2017); and on 

February 9, 2021 (86 FR 8713, February 

9, 2021). 

F. What changes are we proposing with 

this action? 

On June 21, 2021, 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

Rule checklist Description of Federal requirement Federal Register and date Analogous state authority: Subtitle G: Waste Disposal, 35 Ill. Adm. 

Code (IAC) 

162 .................... Clarification of Standards for Hazardous Waste LDR Treatment 

Variances.

62 FR 64504, December 5, 1997 728.144 Effective January 1, 1999. 

181 .................... Universal Waste Rule ......................................................................... 64 FR 36466, July 6, 1999 .......... 720.110, 721.109, 724.101, 725.101, 728.101, 703.123, 733.101, 

733.102, 733.103, 733.104, 733.105, 733.106, 733.107, 733.108, 

733.109, 733.110, 733.113, 733.114, 733.130, 733.132, 733.133, 

733.134, 733.150, 733.160, 733.181. Effective June 20, 2000. 

200 .................... Zinc Fertilizer Rule ............................................................................. 67 FR 48393, July 24, 2002 ........ 721.104, 726.120, 728.140. Effective July 17, 2003. 

203 .................... Hazardous Waste Management System; Identification and Listing 

of Hazardous Waste; Used Oil Management Standards.

68 FR 44659, July 30, 2003 ........ 721.105, 739.110, 739.174. Effective July 19, 2004. 


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TABLE 1—ILLINOIS’ ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Rule checklist Description of Federal requirement Federal Register and date Analogous state authority: Subtitle G: Waste Disposal, 35 Ill. Adm. 

Code (IAC) 

208 and 208.1 ... Methods Innovation Rule and SW–846 Final Update III B ................ 70 FR 34538, June 14, 2005 as 

amended 70 FR 44150, August 

1, 2005.

720.111, 720.121, 720.122, 721.103, 721.121, 721.122, 721.135, 

721.138, 721 Appendix A, B, and C, 724.290, 724.414, 724.934, 

724.963, 724 Appendix I, 725.290, 725.414, 725.934, 725.935, 

725.963, 725.981, 725.984, 726.200, 726.202, 726.206, 726.212, 

726 Appendix I, 728.140, 728.148 Table U, 728 Appendix I, 

703.205, 703.223, 703.232, 739.110, 739.144, 739.153, 739.163. 

Effective February 23, 2006. 

209 .................... Universal Waste Rule: Specific Provisions for Mercury Containing 

Equipment.

70 FR 45508, August 5, 2005 ..... 720.110,721.109, 724.101, 725.101, 728.101, 703.101, 733.101, 

733.104, 733.109, 733.113, 733.114, 733.132, 733.133, 733.134. 

Effective December 20, 2006. 

211 .................... Revision of Wastewater Treatment Exemptions for Hazardous 

Waste Mixtures.

70 FR 57769, October 4, 2005 .... 721.103. Effective December 20, 2006. 

213 .................... Burden Reduction Initiative ................................................................ 71 FR 16862, April 4, 2006 ......... 720.110, 720.131, 721.104, 724.115, 724.116, 724.152, 724.156, 

724.173, 724.198, 724.199, 724.200, 724.113, 724.215, 724.220, 

724.243, 724.245, 724.247, 724.274, 724.291, 724.292, 724.293, 

724.295, 724.296, 724.351, 724.380, 724.414, 724.443, 724.447, 

724.654, 724.671, 724.673, 724.674, 724.1161, 724.1162, 

724.1200, 724.1201, 725.115, 725.116, 725.152, 725.156, 

725.173, 725.190, 725.193, 725.213, 725.215, 725.220, 725.243, 

725.245, 724.247, 725.274, 725.291, 725.292, 725.293, 725.295, 

725.296, 725.301, 725.321, 725.324, 725.359, 725.380, 725.401, 

725.403, 725.414, 725.541, 725.543, 725.544, 725.2061, 

725.2062, 725.1200, 725.1201, 726.202, 726.203, 728.107, 

728.109, 703.114, 703.116, 703.126, 703.142, 703.142 Appendix 

I. Effective July 14, 2008. 

215 .................... Cathode Ray Tubes Rule ................................................................... 71 FR 42928, July 28, 2006 ........ 720.110, 721.104, 721.138, 721.139, 721.140, 721.141. Effective 

July 14, 2008. 

217 .................... NESHAP: Final Standards for Hazardous Waste Combustors 

(Phase I Final Replacement Standards and Phase II) Amendments.

73 FR 18970, April 8, 2008 ......... 724.440, 726.200. Effective December 30, 2008. 

218 .................... F019 Exemption for Wastewater Treatment Sludges from Auto 

Manufacturing Zinc Phosphating Processes.

73 FR 31756, June 4, 2008 ......... 721.131, 721.131 Table. Effective December 30, 2008. 

222 .................... OECD Requirements; Export Shipments of Spent Lead Acid Batteries.75 FR 01236, January 8, 2010 .... 722.110, 722.155, 722.158, 722.180, 722.181, 722.182, 722.183, 

722.184, 722.185, 722.186, 722.187, 722, 188, 722.189, 

723.110, 724.112, 724.171, 725.112, 725.171, 726.180 (a) Table. 

Effective October 14, 2011. 

223 .................... Hazardous Waste Technical Corrections and Clarifications .............. 75 FR 12989, March 18, 2010 75 

FR 31716, June 4, 2010.

720.110, 720 Appendix I, 721.101, 721.102 (c) Table 1, 721.104, 

721.105, 721.106, 721.107, 721.123, 721.130, 721.131, 721.132 

(a) Table, 721.133, 721 Appendix VII, 722.110, 722.111, 

722.123, 722.134, 722.141, 722.142, 722.160, 723.112, 724.152, 

724.156, 724.172, 724.414, 724.416, 724.652, 725.152, 725.156, 

725.172, 725.414,725.416, 726.120, 726.122, 726.170, 726.180, 

726.201, 728.140 Table, 728.148, 702.181. Effective October 14, 

2011. 

224 .................... Withdrawal of the Emissions Comparable Fuel Exclusion ................ 75 FR 33712, June 15, 2010 ....... 721.104, 721.138. Effective October 14, 2011. 

225 .................... Removal of Saccharin and Its Salts from the List of Hazardous 

Constituents, Hazardous Wastes and Hazardous Substances.

75 FR 78918, December 17, 

2010.

721.111, 721.133, 728.140. Effective October 14, 2011. 

227 .................... Revisions of the Land Disposal Treatment Standards for Carbamate Wastes.76 FR 34147, June 13, 2011 ....... 728.140 Table, 728.148 Table. Effective June 4, 2012. 

228 .................... Hazardous Waste Technical Corrections and Clarifications Rule ..... 77 FR 22229, April 13, 2012 ....... 721.132, 726.120. Effective March 4, 2013. 

229 .................... Conditional Exclusions for Solvent Contaminated Wipes .................. 78 FR 46448, July 31, 2013 ........ 720.110, 721.104. Effective May 27, 2014. 

230 .................... Conditional Exclusions for Carbon Dioxide (C02) Streams in Geologic Sequestration Activities.79 FR 00350, January 3, 2014 .... 720.110, 721.104. Effective May 27, 2014. 

231 .................... Hazardous Waste Electronic Manifest System .................................. 79 FR 07518, February 7, 2014 .. 720.110, 722.120, 722.124, 722.125, 723.120, 723.125, 724.171, 

725.171. Effective January 12, 2015. 

232 .................... Revisions to the Export Provisions of the Cathode Ray Tube Rule .. 79 FR 36220, June 26, 2014 ....... 720.110, 721.139, 721.141. Effective January 12, 2015. 

234 .................... Vacatur of the Comparable Fuels and the Gasification Rule ............ 80 FR 18777, April 8, 2015 ......... 720.110, 721.104, 721.138. Effective August 9, 2016. 

235 .................... Disposal of Coal Combustion Residuals from Electric Utilities .......... 80 FR 21302, April 17, 2015 ....... 721.104. Effective August 9, 2016. 

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 722.141, 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 725.414, because Illinois 

prohibits all liquids in landfills; where 

the Federal rules allow for exceptions in 

40 CFR 265.314(f)(1) and (2). 

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. 

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 


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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 proposed 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 codify 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 

changes 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 this 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 preexisting 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 


tkelley on DSK125TN23PROD with PROPS1
5454 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

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 

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: January 24, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–01939 Filed 1–31–22; 8:45 am] 

BILLING CODE 6560–50–P 


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