[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Proposed Rules]
[Pages 5450-5454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01939]


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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.

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

DATES: Comments on this proposed rule must be received by March 18, 
2022.

ADDRESSES: Submit your comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#50173f3e2a313c352a7e3e3f22323522243f103520317e373f26"><span class="__cf_email__" data-cfemail="54133b3a2e3538312e7a3a3b26363126203b143124357a333b22">[email protected]</span></a>.
    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 multi-media submissions, and general guidance on making 
effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly

[[Page 5451]]

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 <a href="/cdn-cgi/l/email-protection#92d5fdfce8f3fef7e8bcfcfde0f0f7e0e6fdd2f7e2f3bcf5fde4"><span class="__cf_email__" data-cfemail="783f17160219141d025616170a1a1d0a0c17381d0819561f170e">[email protected]</span></a>.

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:
    <bullet> Conduct inspections, and require monitoring, tests, 
analyses and reports;
    <bullet> Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
    <bullet> 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
----------------------------------------------------------------------------------------------------------------
                                                                                     Analogous state authority:
     Rule checklist           Description of Federal       Federal Register and     Subtitle G: Waste Disposal,
                                   requirement                     date               35 Ill. Adm. Code (IAC)
----------------------------------------------------------------------------------------------------------------
162.....................  Clarification of Standards     62 FR 64504, December 5,  728.144 Effective January 1,
                           for Hazardous Waste LDR        1997.                     1999.
                           Treatment Variances.
181.....................  Universal Waste Rule.........  64 FR 36466, July 6,      720.110, 721.109, 724.101,
                                                          1999.                     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,     721.104, 726.120, 728.140.
                                                          2002.                     Effective July 17, 2003.
203.....................  Hazardous Waste Management     68 FR 44659, July 30,     721.105, 739.110, 739.174.
                           System; Identification and     2003.                     Effective July 19, 2004.
                           Listing of Hazardous Waste;
                           Used Oil Management
                           Standards.

[[Page 5452]]

 
208 and 208.1...........  Methods Innovation Rule and    70 FR 34538, June 14,     720.111, 720.121, 720.122,
                           SW-846 Final Update III B.     2005 as amended 70 FR     721.103, 721.121, 721.122,
                                                          44150, August 1, 2005.    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:          70 FR 45508, August 5,    720.110,721.109, 724.101,
                           Specific Provisions for        2005.                     725.101, 728.101, 703.101,
                           Mercury Containing Equipment.                            733.101, 733.104, 733.109,
                                                                                    733.113, 733.114, 733.132,
                                                                                    733.133, 733.134. Effective
                                                                                    December 20, 2006.
211.....................  Revision of Wastewater         70 FR 57769, October 4,   721.103. Effective December
                           Treatment Exemptions for       2005.                     20, 2006.
                           Hazardous Waste Mixtures.
213.....................  Burden Reduction Initiative..  71 FR 16862, April 4,     720.110, 720.131, 721.104,
                                                          2006.                     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,     720.110, 721.104, 721.138,
                                                          2006.                     721.139, 721.140, 721.141.
                                                                                    Effective July 14, 2008.
217.....................  NESHAP: Final Standards for    73 FR 18970, April 8,     724.440, 726.200. Effective
                           Hazardous Waste Combustors     2008.                     December 30, 2008.
                           (Phase I Final Replacement
                           Standards and Phase II)
                           Amendments.
218.....................  F019 Exemption for Wastewater  73 FR 31756, June 4,      721.131, 721.131 Table.
                           Treatment Sludges from Auto    2008.                     Effective December 30, 2008.
                           Manufacturing Zinc
                           Phosphating Processes.
222.....................  OECD Requirements; Export      75 FR 01236, January 8,   722.110, 722.155, 722.158,
                           Shipments of Spent Lead Acid   2010.                     722.180, 722.181, 722.182,
                           Batteries.                                               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      75 FR 12989, March 18,    720.110, 720 Appendix I,
                           Corrections and                2010 75 FR 31716, June    721.101, 721.102 (c) Table
                           Clarifications.                4, 2010.                  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    75 FR 33712, June 15,     721.104, 721.138. Effective
                           Comparable Fuel Exclusion.     2010.                     October 14, 2011.
225.....................  Removal of Saccharin and Its   75 FR 78918, December     721.111, 721.133, 728.140.
                           Salts from the List of         17, 2010.                 Effective October 14, 2011.
                           Hazardous Constituents,
                           Hazardous Wastes and
                           Hazardous Substances.
227.....................  Revisions of the Land          76 FR 34147, June 13,     728.140 Table, 728.148 Table.
                           Disposal Treatment Standards   2011.                     Effective June 4, 2012.
                           for Carbamate Wastes.
228.....................  Hazardous Waste Technical      77 FR 22229, April 13,    721.132, 726.120. Effective
                           Corrections and                2012.                     March 4, 2013.
                           Clarifications Rule.
229.....................  Conditional Exclusions for     78 FR 46448, July 31,     720.110, 721.104. Effective
                           Solvent Contaminated Wipes.    2013.                     May 27, 2014.
230.....................  Conditional Exclusions for     79 FR 00350, January 3,   720.110, 721.104. Effective
                           Carbon Dioxide (C02) Streams   2014.                     May 27, 2014.
                           in Geologic Sequestration
                           Activities.
231.....................  Hazardous Waste Electronic     79 FR 07518, February 7,  720.110, 722.120, 722.124,
                           Manifest System.               2014.                     722.125, 723.120, 723.125,
                                                                                    724.171, 725.171. Effective
                                                                                    January 12, 2015.
232.....................  Revisions to the Export        79 FR 36220, June 26,     720.110, 721.139, 721.141.
                           Provisions of the Cathode      2014.                     Effective January 12, 2015.
                           Ray Tube Rule.
234.....................  Vacatur of the Comparable      80 FR 18777, April 8,     720.110, 721.104, 721.138.
                           Fuels and the Gasification     2015.                     Effective August 9, 2016.
                           Rule.
235.....................  Disposal of Coal Combustion    80 FR 21302, April 17,    721.104. Effective August 9,
                           Residuals from Electric        2015.                     2016.
                           Utilities.
----------------------------------------------------------------------------------------------------------------

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:
    <bullet> 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.
    <bullet> 35 IAC 724.156(i), because Illinois has added this 
provision to facilitate state notification.
    <bullet> 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:
    <bullet> 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

[[Page 5453]]

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 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 (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

[[Page 5454]]

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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