[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14414]
[[Page Unknown]]
[Federal Register: June 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-4997-1]
Illinois: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Illinois has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter RCRA). The Environmental
Protection Agency (EPA) has reviewed Illinois' application and has made
a decision, subject to public review and comment, that Illinois'
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Illinois' hazardous waste program revisions, subject to
authority retained by EPA under the Hazardous and Solid Waste
Amendments of 1984 (hereinafter HSWA). Illinois' application for
program revision is available for public review and comment.
EFFECTIVE DATE: Final authorization for Illinois shall be effective
August 15, 1994 unless EPA publishes a prior Federal Register action
withdrawing this immediate final rule. All comments on Illinois'
program revision application must be received by the close of business
July 14, 1994. If an adverse comment is received, EPA will publish
either: (1) A withdrawal of the immediate final decision, or (2) a
notice containing a response to comments which either affirms that the
immediate final decision takes effect or reverses the decision.
ADDRESSES: Copies of Illinois' program revision application are
available for inspection and copying, from 9 a.m. to 4 p.m., at the
following addresses: Illinois Environmental Protection Agency, 2200
Churchill Road, Springfield, Illinois 62706, contact: Todd Marvel (217)
524-5024; USEPA, Region 5, 77 W. Jackson Blvd., Chicago, Illinois
60604, contact: Gary Westefer (312) 886-7450. Written comments should
be sent to Mr. Gary Westefer, Illinois Regulatory Specialist, U.S. EPA,
Office of RCRA, HRM-7J, 77 W. Jackson Blvd., Chicago, Illinois 60604,
phone (312) 886-7450.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Westefer, U.S. EPA Region 5,
77 West Jackson Boulevard, Chicago, Illinois 60624. Phone: 312/886-
7450.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of RCRA, 42
U.S.C 6929(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program.
In accordance with 40 CFR 271.21, revisions to State hazardous
waste programs are necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, State program revisions are necessitated by changes to
EPA's regulations in 40 CFR parts 124, 260 through 266, 268, and 270.
B. Illinois
Illinois initially received final authorization for its program
effective January 31, 1986. (51 FR 3778, January 30, 1986). Illinois
received authorization for revisions to its program effective on March
5, 1988 (53 FR 126, January 5, 1988), April 30, 1990 (55 FR 7320, March
1, 1990), and June 3, 1991 (56 FR 13595, April 3, 1991). On December
17, 1993, Illinois submitted a program revision application for
additional program approvals. Today, Illinois is seeking approval of
its program revision in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Illinois' application, and has made an immediate
final decision that Illinois' hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Illinois. The public may submit
written comments on EPA's immediate final decision up until July 14,
1994. Copies of Illinois' application for program revision are
available for inspection and copying at the locations indicated in the
``Addresses'' section of this notice.
Approval of Illinois' program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received, EPA will publish either: (1) A
withdrawal of the immediate final decision; or (2) a notice containing
a response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
On August 15, 1994, Illinois will be authorized to carry out, in
lieu of the Federal program, those provisions of the State's program
which are analogous to the following provisions of the Federal program:
------------------------------------------------------------------------
Federal requirement Analogous State authority
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HSWA codification rule--delisting Rules 35 IAC 720.122,
correction 1, June 27, 1989, 54 FR effective June 16, 1990.
27114\1\.
Listing of spent pickle liquor-- Rules 35 IAC 721.132,
correction 2, August 3, 1987, 52 FR effective June 16, 1988.
28697.
Liability coverage--Corporate guarantee, Rules 35 IAC 724.247; 724.251;
July 11, 1986, 51 FR 25350-25356. 725.247, effective July 16,
1987.
Amendments to part B information Rules 35 IAC 703.185,
requirements for disposal facilities, effective December 3, 1987.
June 22, 1987, 52 FR 23447-23450. As
amended on September 9, 1987, 52 FR
33936.
California list waste restrictions, July Rules 35 IAC 720.111; 722.170;
8, 1987, 52 FR 23447-23450.\1\ As 724.113; 725.113; 728.102;
amended on October 27, 1987, 52 FR 728.103; 728.104; 728.107;
41295-41296\1\. 728.130; 728.132; 728.140;
728.142; 728.150; section 728
appendix C, effective June
16, 1988.
List (phase 1) of hazardous constituents Rules 35 IAC 703.185; 724.198;
for ground-water monitoring, July 9, 724.199; section 724 appendix
1987, 52 FR 25942-25953. I, effective June 16, 1988.
Identification and listing of hazardous Rules 35 IAC721, effective
waste, July 10, 1987, 52 FR 26012. June 16, 1988.
Exception reporting for small quantity Rules 35 IAC 722.142; 722.144,
generators of hazardous waste, effective June 16, 1988.
September 23, 1987, 52 FR 35894-
35899\1\.
Liability requirements for hazardous Rules 35 IAC 724.247; 725.247,
waste facilities; corporate guarantee, effective June 16, 1988.
November 18, 1987, 52 FR 44314-44321.
HSWA codification rule 2--permit Rules 35 IAC 703.185; 703.187,
application requirements regarding effective June 16, 1988.
corrective action, December 1, 1987, 52
FR 45788-45799\1\.
HSWA codification rule 2--corrective Rules 35 IAC 724.200; 724.201,
action beyond the facility boundary, effective June 16, 1988.
December 1, 1987, 52 FR 45788-45799\1\.
HSWA codification rule 2--corrective Rules 35 IAC 704.151; 704.161;
action for injection wells, December 1, 725.101; 703.141, effective
1987, 52 FR 45788-45799\1\. June 16, 1988.
HSWA codification rule 2--permit Rules 35 IAC 702.184,
modification, December 1, 1987, 52 FR effective June 16, 1988.
45788-45799\1\.
HSWA codification rule 2--permit as a Rules 35 IAC 702.181,
shield provision December 1, 1987, 52 effective June 16, 1988.
FR 45788-45799\1\.
HSWA codification rule 2--permit Rules 35 IAC 703.181,
conditions to protect human health and effective June 16, 1988.
the environment, December 1, 1987, 52
FR 45788-45799\1\.
HSWA codification rule 2--post-closure Rules 35 IAC 703.120; 703.121;
permits, December 1, 1987, 52 FR 45788- 703.159; 703.160, effective
45799\1\. June 16, 1988.
Hazardous waste miscellaneous units, Rules 35 IAC 703.183; 703.209;
December 10, 1987, 52 FR 46946-46965. 704.161; 720.110; 724.110;
724.115; 724.118; 724.173;
724.190; 724.211; 724.212;
724.214; 724.217; 724.218;
724.244; 724.700; 724.701;
724.702; 724.703, effective
June 16, 1988.
Technical corrections; identification Rules 35 IAC 721.133; section
and listing of hazardous waste, April 721, appendix H, effective
22, 1988, 53 FR 13382-13393. December 28, 1988.
Identification and listing of hazardous Rules 35 IAC 721.105,
waste; technical correction, July 19, effective December 28, 1988.
1988, 53 FR 27162-27163\1\.
Farmer exemptions; technical corrections Rules 35 IAC 703.123; 722.110;
July 19, 1988, 53 FR 27164-27165\1\. 724.101; 725.101; 728.101,
effective December 28, 1988.
Identification and listing of hazardous Rules 35 IAC 720.110; 721.104,
waste; treatability studies sample, effective December 28, 1988.
exemption, July 19, 1988, 53 FR 27290-
27302.
Land disposal restrictions for first Rules 35 IAC 724.113; 724.173;
third scheduled wastes, August 17, 725.113; 725.173; 726.120;
1988, 53 FR 31138-31222, as amended on 728.101; 728.104; 728.107;
February 27, 1989, 53 FR 8264-8266. 728.108; 728.130; 728.131;
728.132; 728.133; 728.140;
728.141; 728.142; 728.143;
728.150, effective December
28, 1988.
Hazardous waste management system; Rules 35 IAC 702.110; 720.110;
standards for hazardous waste storage 724.414; 724.290; 724.293;
and treatment tank systems, September 724.296; 725.210; 725.214;
2, 1988, 53 FR 34079-37087\1\. 725.290; 725.293; 725.296;
725.301; effective November
13, 1989.
Identification and listing of hazardous Rules 35 IAC 721.132; section
waste; and designation, reportable 721, appendix G, effective
quantities, and notification, September November 13, 1989.
13, 1988, 53 FR 35412-35421.
Permit modifications for hazardous waste Rules 35 IAC 702.110; 702.181;
management facilities, September 28, 702.149; 703.222; 703.223;
1988, 53 FR 37912-37942, as amended on 703.230; 703.260; 703.270;
September 28, 1988, 53 FR 41649. 703.271; 703.280; 703.281;
703.282; 703.283; Section 703
Appendix A; 705.128; 724.154;
724.212; 724.218; 725.212;
725.218; effective November
13, 1989.
Statistical methods for evaluating Rules 35 IAC 724.191; 724.192;
ground-water monitoring data from 724.197; 724.198; 724.199,
hazardous waste facilities, October 11, effective November 13, 1989.
1988, 53 FR 39720-39731.
Identification and listing of hazardous Rules 35 IAC 721.133; section
waste; removal of iron dextran from the 721, appendix H, effective
list of hazardous wastes, October 31, November 13, 1989.
1988, 53 FR 43878-43881.
Identification and listing of hazardous Rules 35 IAC 721.133; section
waste; removal of strontium sulfide 721, appendix H, effective
from the list of hazardous wastes, November 13, 1989.
October 31, 1988, 53 FR 43881-43884.
Standards for generators of hazardous Rules 35 IAC 722.120; section
waste, November 8, 1988, 53 FR 45089- 722, appendix A, effective
45093. November 13, 1989.
Hazardous waste miscellaneous units; Rule 35 IAC 703.183, effective
standards applicable to owners and November 13, 1989.
operators, January 9, 1989, 53 FR 615-
617.
Amendment to requirements for hazardous Rule 35 IAC 703.225, effective
waste incinerator permits, January 30, April 16, 1990.
1989, 54 FR 4286-4288.
Changes to interim status facilities for Rules 35 IAC 702.122; 703.121;
hazardous waste management permits; 703.155; 703.157; 703.240;
procedures for post-closure permitting, section 703, appendix A;
March 7, 1989, 54 FR 9596-9609. 705.101; 705.201; 705.212,
effective April 16, 1990.
Land disposal restrictions amendments to Rules 35 IAC 728.143,
first third scheduled wastes, May 2, effective April 16, 1990.
1989, 54 FR 18836-18838\1\.
Land disposal restrictions for second Rules 35 IAC 728.134; 728.141;
third scheduled wastes, June 23, 1989, 728.142; 728.143, effective
54 FR 26594-26652\1\. August 22, 1990.
Land disposal restrictions; correction Rules 35 IAC 726.120; 728,101;
to the first third scheduled wastes, 728.105; 728.106; 728.107;
September 6, 1989, 54 FR 36967,\1\ as 728.108; 728.132; 728.133;
amended on June 13, 1990, 55 FR 728.144; 728.150, effective
23935\1\. August 22, 1990 as amended
June 17, 1991.
Reportable quantity adjustment methyl Rules 35 IAC 721.132; section
bromide production wastes October 6, 721, appendix C; appendix G,
1989, 54 FR 41402-41408\1\. Effective August 22, 1990.
Reportable quantity adjustment, December Rules 35 IAC 721.131; Section
11, 1989, 54 FR 50968-50979\1\. 721, appendix G; appendix H,
effective August 22, 1990.
Land disposal restrictions third Rules 35 IAC 721.120; 721.121;
scheduled wastes, January 31, 1991, 56 721.122; 721.123; 721.124;
FR 3864--3928\1\. 721.131; 721.133; section 721
Appendix G; 722.111; 722.134;
724.113; 724.239; 724.456;
724.381; 724.412; 724.416;
725.101; 725.113; 725.329;
725.356; 725.381; 725.412;
725.416; 728.101; 728.102;
728.103; 728.107; 728.108;
728.109; 728.135; 728.140;
728.141; 728.142; 728.143;
section 703 appendix A;
section 728 appendix D;
appendix E; appendix F;
appendix G; appendix H;
section 728, table A; table
C; table D; table E,
effective June 17, 1991.
Land disposal restrictions for third Rules 35 IAC 721.103; 172.120;
third scheduled wastes, January 31, 721.131; 722.111; 722.134;
1991, 56 FR 3864-3928\1\. 728.102; 728.107; 728.109;
728.133; 728.135; 728.140;
728.142; 728.143; section
703, appendix A; section 728,
appendix D; appendix E;
appendix G; appendix H;
appendix I; section 728 table
A; table B; table C; Table D;
table E, Effective June 9,
1992.
Second correction to the third third Rules 35 IAC 724.113; 725.113;
land disposal restrictions, March 6, 728.103; 728.141; section
1992, 57 FR 8086-8089\1\. 728, table D, effective March
26, 1993.
Sharing of Information with agency for Statute III. rev. stat. 11\1/
toxic substances and disease registry, 2\, par. 1007, effective
November 8, 1984, SWDA 3019(b). January 1, 1985.
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\1\Indicates HSWA Provision.
EPA shall administer any RCRA hazardous waste permits, or portions
of permits, that contain conditions based upon the Federal program
provisions for which the State is applying for authorization, and which
were issued by EPA prior to the effective date of this authorization.
EPA will suspend issuance of any further permits under the provisions
for which the State is being authorized on the effective date of this
authorization. EPA has previously suspended issuance of permits for the
other provisions on January 31, 1986, March 5, 1988, April 30, 1990,
and June 3, 1991, the effective dates of Illinois' final authorizations
for the RCRA base program and for the subsequent program revisions,
respectively.
This authorization includes authorization for Illinois to impose
certain land disposal prohibitions. Under 40 CFR 268.6, EPA may grant
petitions of specific duration to allow land disposal of certain
hazardous wastes provided certain criteria are met. States that have
authority to impose land disposal prohibitions may ultimately be
authorized under RCRA Section 3006 to grant petitions for such
exemptions. However, EPA is currently requiring that these petitions be
handled at EPA Headquarters. It should be noted that Illinois has its
own procedures for petition submission and approval to allow land
disposal of a prohibited waste. Therefore, the petitioner must satisfy
both Federal and Illinois requirements, and be granted approval by both
EPA and the State.
Illinois is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA unless provided otherwise in a
future statute or regulation.
C. Decision
I conclude that Illinois' application for program revisions meets
all of the statutory and regulatory requirements established by RCRA,
and its amendments. Accordingly, Illinois is granted final
authorization to operate its hazardous waste program as revised.
Illinois now has responsibility for permitting treatment, storage, and
disposal facilities within its borders and carrying out the aspects of
the RCRA program described in its revised program application, subject
to the limitations of the HSWA. Illinois also has primary enforcement
responsibilities, although EPA retains the right to conduct inspections
under section 3007 of RCRA and to take enforcement actions under
sections 3008, 3013, and 7003 of RCRA.
D. Incorporation by Reference
EPA incorporates by reference, authorized State programs in 40 CFR
part 272, to provide notice to the public of the scope of the
authorized program in each State. Incorporation by reference of the
Illinois program will be completed at a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Illinois' program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This notice 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: May 18, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-14414 Filed 6-13-94; 8:45 am]
BILLING CODE 6560-50-M
