14808 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T13–0163 to read as 

follows: 

§ 165.T13–0163 Safety Zone; The Big 

Float, Willamette River, Portland, OR 

(a) Regulated area. The following 

regulated area is a safety zone: all 

navigable waters of the Willamette 

River, in Portland, Oregon, enclosed by 

the Hawthorne Bridge, the Marquam 

Bridge, and west of a line beginning at 

the Hawthorne Bridge at approximate 

location 45°30′50′′ N.; 122°40′21′′ W., 

and running south to the Marquam 

Bridge at approximate location 45° 

30′27′′ N.; 122°40′11′′ W. 

(b) Definitions. As used in this 

section— 

Designated representative means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 

and local officers designated by or 

assisting the Captain of the Port Sector 

Columbia River in the enforcement of 

the regulated area. 

Non-participant persons and vessels 

means persons and vessels that are not 

participating in the event and are 

therefore prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Sector Columbia River or a 

designated representative. 

(c) Regulations. (1) In accordance with 

the general regulations in 33 CFR part 

165, subpart C, non-participant persons 

and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area identified in paragraph (a) of this 

section unless authorized by Captain of 

the Port Sector Columbia River or a 

designated representative. 

(2) Non-participant persons and 

vessels may request authorization to 

enter, transit through, anchor in, or 

remain within the regulated area by 

contacting the Captain of the Port Sector 

Columbia River or a designated 

representative via VHF radio on channel 

16. If authorization is granted by the 

Captain of the Port Sector Columbia 

River or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

Sector Columbia River or a designated 

representative. 

(d) Enforcement period. This safety 

zone will be enforced for the duration 

of the marine event on July10, 2016. 

Dated: March 10, 2016. 

D.J. Travers, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Columbia River. 

[FR Doc. 2016–06113 Filed 3–17–16; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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(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 requirement Federal Register date and page Analogous State authority 

Universal Waste Rule: General Provisions, 

Checklist 142A.

May 11, 1995, 60 FR 25492 .................... 35 IAC 703.123; 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 Provisions 

for Batteries, Checklist 142B.

May 11, 1995, 60 FR 25492 .................... 35 IAC 703.123; 720.110; 721.106; 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 Provisions 

for Pesticides, Checklist 142C.

May 11, 1995, 60 FR 25492 .................... 35 IAC 703.123; 720.110; 721.109; 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. 


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Description of Federal requirement Federal Register date and page Analogous State authority 

Universal Waste Rule: Specific Provisions 

for Thermostats, Checklist 142D.

May 11, 1995, 60 FR 25492 .................... 35 IAC 703.123; 720.110; 721.109; 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: Provisions for Petitions to Add a New Universal Waste, 

Checklist 142E.

May 11, 1995, 60 FR 25492 .................... 35 IAC 720.120; 720.123; 733.180; 733.181; Effective 

April 15, 1998. 

RCRA Expanded Public Participation, 

Checklist 148.

December 11, 1995, 60 FR 63417 ........... 35 IAC 702.110; 703.183; 703.191; 703.192; 703.193; 

703.220; 703.223; 703.225; 703.232; 703.248; Effective December 16,1997. 

Identification and Listing of Hazardous 

Waste; Amendments to Definition of 

Solid Waste, Checklist 150.

March 26, 1996, 61 FR 13103 ................. 35 IAC 721.104; Effective December 16, 1997. 

Imports and Exports of Hazardous Waste, 

Checklist 152.

April 12, 1996, 61 FR 16290 .................... 35 IAC 721.106; 722.110; 722.153; 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, Storage, 

and Disposal Facilities and Hazardous 

Waste Generators; Organic Air Emission 

Standards for Tanks, Surface Impoundments and Containers, Checklist, 154; 

as amended: Checklist 154.1; as 

amended: Checklist 154.2; as amended: 

Checklist 154.3; as amended: Checklist 

154.4; as amended: Checklist 154.5; as 

amended: Checklist 154.6.

November 25, 1996, 61 FR 59931; November 25, 1996, 61 FR 59931; December 12, 1994, 59 FR 62896; May 

19, 1995, 60 FR 26828; September 29, 

1995, 60 FR 50426; November 13, 

1995, 60 FR 56952; February 9, 1996, 

61 FR 4903; June 5, 1996, 61 FR 

28508..

35 IAC 702.181; 703.184; 703.201; 703.202; 703.203; 

703.213; 720.111; 721.106; 722.134; 724.113; 

724.115; 724.173; 724.177; 724.279; 724.300; 

724.332; 724.701; 724.930; 724.933; 724.934; 

724.935; 724.950; 724.955; 724.958; 724.964; 

724.980; 724.981; 724.982; 724.983; 724.984; 

724.985; 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: Phase III— 

Emergency Extension of the K088 Capacity Variance, Checklist 155.

January 14, 1997, 62 FR 1992 ................ 35 IAC 728.139; Effective September 28, 1998. 

Land Disposal Restrictions: Phase IV— 

Treatment Standards for Wood Preserving Wastes, Paperwork Reduction 

and Streamlining, Exemptions From 

RCRA for Certain Processed Materials 

and Miscellaneous Hazardous Waste 

Provisions, Checklist 157.

May 12, 1997, 62 FR 25998 .................... 35 IAC 721.104; 721.106; 728.101; 728.104; 728.107; 

728.109; 728.130; 728.140; 728.142; 728.144; 728 

Appendix F; 728 Appendix G; 728 Appendix H; Effective September 28, 1998. 

Hazardous Waste Management System; 

Testing and Monitoring Activities, 

Checklist 158.

June 13, 1997, 62 FR 32452 ................... 35 IAC 720.111; 724.934; 724.963; 724 Appendix I; 

725.934; 725.963; 726.204; 726.206; 726.207; 726 

Appendix I; Effective September 28, 1998. 

Land Disposal Restrictions: Phase III— 

Emergency Extension of the K088 National Capacity Variance, Checklist 160.

July 14, 1997, 62 FR 37694 ..................... 35 IAC 728.139; Effective January 19, 1999. 

Organic Air Emission Standards for Tanks, 

Surface Impoundments and Containers; 

Clarification and Technical Amendment, 

Checklist 163.

December 8, 1997, 62 FR 64636 ............. 35 IAC 703.183; 724.115; 724.173; 724.930; 724.933; 

724.950; 724.960; 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 Exclusion, 

Checklist 164.

April 15, 1998, 63 FR 18504 .................... 35 IAC 721.104; Effective January 19, 1999. 

Emergency Revisions of LDR Treatment 

Standards, Checklist 172.

September 9, 1998, 63 FR 48124 ............ 35 IAC 728.134; Effective July 26, 1999. 

Land Disposal Restrictions Treatment 

Standards (Spent Potliners), Checklist 

173.

September 24, 1998, 63 FR 51254 .......... 35 IAC 728.139; 728.140; Effective July 26, 1999. 

Universal Waste Rule; Technical Amendment (Conditionally Optional), Checklist 

176.

December 24, 1998, 63 FR 71225 ........... 35 IAC 726.180; 733.106; Effective July 26, 1999. 

Organic Air Emission Standards, Checklist 

177.

January 21, 1999, 64 FR 3381 ................ 35 IAC 722.134; 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 Analysis of Oil 

and Grease and Non-Polar Material, 

Checklist 180.

May 14, 1999, 64 FR 26315 .................... 35 IAC 720.111; Effective January 21, 2000. 


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Description of Federal requirement Federal Register date and page Analogous State authority 

NESHAPS: Final Standards for Hazardous 

Air Pollutants for Hazardous Waste 

Combustors (MACT Rule), Checklist 

182 as amended: Checklist 182.1.

September 30, 1999, 64 FR 52827, November 19, 1999, 64 FR 63209.35 IAC 703.205; 703.208; 703.221; 703.232; 703 Appendix A; 720.110; 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 from 

Metal Finishing Industry; 180 Day Accumulation Time, Checklist 184.

March 8, 2000, 65 FR 12378 ................... 35 IAC 722.134; Effective January 11, 2001. 

Organobromine Production Wastes, 

Checklist 185.

March 17, 2000, 65 FR 14472 ................. 35 IAC 721.132; 721.133; 721 Appendix G; 721 Appendix H; 728.133; 728.140; 728.148; Effective January 

11, 2001. 

NESHAPS: Final Standards for Hazardous 

Air Pollutants for Hazardous Waste 

Combustors, Checklist 188 as amended: 

Second Technical Correction, Checklist 

188.1 as amended: Checklist 188.2..

July 10, 2000, 65 FR 42292, May 14, 

2001, 66 FR 24270, July 3, 2001, 66 

FR 35087.

35 IAC 703.280; 721.138; 724.440; Effective July 9, 

2001. 

Chlorinated Aliphatics Listing and LDRs 

for Newly Identified Wastes, Checklist 

189.

November 8, 2000, 65 FR 67068 ............. 35 IAC 721.132; 721 Appendix G; 721 Appendix H; 

728.133; 728.140; 728.148; Effective July 9, 2001. 

Deferral pf Phase IV Standards for PCBs 

as a Constituent Subject to Treatment in 

Soil, Checklist 190.

December 26, 2000, 65 FR 81373 ........... 35 IAC 728.132; 728.148; 728.149; 728 Appendix C; 

Effective July 9, 2001. 

Storage, Treatment, Transportation and 

Disposal of Mixed Waste, Checklist 191.

May 16, 2001, 66 FR 27218 .................... 35 IAC 726.310; 726.320; 726.325; 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, Additional Technical Amendments and Corrections, Checklist 193.June 28, 2001, 66 FR 34374 ................... 35 IAC 720.111; Effective April 22, 2002. 

Hazardous Air Pollutant Standards for 

Combustors: Interim Standards, Checklist 197.

February 13, 2002, 67 FR 6792 ............... 35 IAC 703.205; 703.208; 703.221; 703.232; 703.320; 

724.440; 725.440; 726.200; Effective February 14, 

2003. 

Hazardous Air Pollutant Standards for 

Combustors; Corrections, Checklist 198.

February 14, 2002, 67 FR 6968 ............... 35 IAC 703.280; 726.200; Effective February 14, 2003. 

Land Disposal Restrictions: National Treatment Variance To Designate New Treatment Subcategories for Radioactively 

Contaminated Cadmium-, Mercury-, and 

Silver-Containing Batteries, Checklist 

201.

November 21, 2002, 67 FR 62618 ........... 35 IAC 728.140; Effective July 17, 2003. 

NESHAP: Standards for Hazardous Air 

Pollutants for Hazardous Waste Combustors—Corrections, Checklist 202.

December 19, 2002, 67 FR 77687 ........... 35 IAC 703.205; 703.208; 703.221; 703.232; Effective 

July 17, 2003. 

NESHAP: Surface Coating of Automobiles 

and Light Duty Trucks, Checklist 205.

October 26, 2004, 69 FR 22601 .............. 35 IAC 724.950; Effective February 23, 2006. 

Hazardous Waste Management System; 

Modification of the Hazardous Waste 

Manifest System, Checklist 207, as 

Amended: Checklist 207.1.

March 4, 2005, 70 FR 10776 June 16, 

2005, 70 FR 35034.

35 IAC 720.110; 721.107; 722.120; 722.121; 722.127; 

722.132; 722.133; 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 Hazardous 

Waste Management Facilities, Checklist 

210.

September 8, 2005, 70 FR 53420 ............ 35 IAC 702.101; 702.110; 702.120; 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 Hazardous 

Waste Combustors (Phase I Final Replacement Standards and Phase II), 

Checklist 212.

October 12, 2005, 70 FR 59402 .............. 35 IAC 703.110; 703.189; 703.205; 703.208; 703.210; 

703.211; 703.221; 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. 


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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-byreference 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.). 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9943– 

94–Region 7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Ellisville Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 7 is issuing a 

Notice of Intent to Delete the Callahan 

property, Operable Unit 3 (OU3) (Parcel 

ID 22U220242) of the Ellisville 

Superfund Site (Site) located at 210 

Strecker Road in Wildwood, Missouri 

(E1⁄2, NW1⁄4, SE1⁄4, S31, T45N, R04E), 

from the National Priorities List (NPL) 

and requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Missouri, through the 

Missouri Department of Natural 

Resources (MDNR), have determined 

that all appropriate response actions at 

the Callahan property, OU3, under 

CERCLA, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

This partial deletion pertains to all 

media (soil and groundwater) of the 

Callahan property, OU3 of the Ellisville 

Superfund site. The Ellisville Superfund 

Bliss property, Operable Unit 2, and the 

Rosalie property, Operable Unit 1, will 

remain on the NPL and are not being 

considered for deletion as part of this 

action. 

DATES: Comments must be received on 

or before April 18, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Once submitted, comments cannot be 


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