[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40520-40523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19703]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5544-9]
Illinois: Final Authorization of Revisions to State Hazardous
Waste Management Program
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). Illinois' revisions
consist of provisions contained in rules promulgated between July 1,
1991, and June 30, 1993, otherwise known as RCRA Clusters 2 and 3.
These requirements are listed in Section B of this notice. 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'
[[Page 40521]]
application for program revision is available for public review and
comment.
EFFECTIVE DATE: Final authorization for Illinois shall be effective
October 4, 1996 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
September 4, 1996.
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, P.O. Box 19276, Springfield, Illinois 62794-9276,
contact: Todd Marvel (217) 524-5024; U.S. EPA, Region 5, DR-7J, 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, DR-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 60604. Phone: 312/886-
7450.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the
Resource Conservation and Recovery Act (RCRA or the Act), 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 addition, as an interim
measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-
616, November 8, 1984, hereinafter HSWA) allows States to revise their
programs to become substantially equivalent instead of equivalent to
RCRA requirements promulgated under HSWA authority. States exercising
the latter option receive interim authorization for the HSWA
requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for the HSWA requirements.
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, 260-266, 268, 270, 273 and 279.
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), June 3, 1991 (56 FR 13595, April 3, 1991), August 15, 1994
(59 FR 30525, June 14, 1994), and May 14, 1996 (61 FR 10684, March 15,
1996). On March 15, 1996, 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 September
4, 1996. 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 October 4, 1996, 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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Land Disposal Restrictions for Electric Rules 35 IAC 721.103; 721.104;
Arc Furnace Dust (K061) August 19, 728.141; 728 Table A,
1991, 56 FR 41164-41178 \1\. Effective November 6, 1992.
Burning of Hazardous Waste in Boilers Rules 35 IAC 726.200; 728.141;
and Industrial Furnaces-- 728.142, Effective November 6,
Administrative Stay for Coke Ovens, 1992.
September 5, 1991, 56 FR 43874-43877
\1\.
Amendments to Interim Status Standards Rules 35 IAC 720.110; 725.191,
for Downgradient Ground Water Effective November 6, 1992.
Monitoring Well Locations, December
23, 1991, 56 FR 66365-66369.
Liners and Leak Detection Systems for Rules 35 IAC 702.181; 703.203;
Hazardous Waste Disposal Systems, 703.204; 703.207; 703 Appendix
January 29, 1992, 57 FR 03462-03497 A; 720.110; 724.115; 724.119;
\1\. 724.173; 724.321; 724.322;
724.323; 724.326; 724.328;
724.351; 724.352; 724.353;
724.354; 724.401; 724.402;
724.403; 724.404; 724.410;
725.115; 725.119; 725.173;
725.321; 725.322; 725.323;
725.326; 725.328; 725.354;
725.355; 725.359; 725.360;
725.401; 725.402; 725.403;
725.404; 725.410, Effective
March 26, 1993.
Administrative Stay for the Requirement Rules 35 IAC 724.673; 725.543,
that Existing Drip Pads be Effective March 26, 1993.
Impermeable, February 18, 1992, 57 FR
05859-05861 \1\.
Hazardous Debris Case by Case Capacity Rule 35 IAC 728.135, Effective
Variance, May 15, 1992, 57 FR 20766- March 26, 1993.
20770 \1\.
Used Oil Filter Exclusion, May 20, Rule 35 IAC 721.104, Effective
1992, 57 FR 21524-21534 \1\. March 26, 1993.
Recycled Coke By Product Exclusion, Rules 35 IAC 721.104; 726.200,
June 22, 1992, 57 FR 27880-27888 \1\. Effective March 26, 1993.
Lead Bearing Hazardous Materials Case Rule 35 IAC 728.135, Effective
by Case Capacity Variance, June 26, March 26, 1993.
1992, 57 FR 28628-28632 \1\.
Used Oil Filter Exclusion; Technical Rule 35 IAC 721.104, Effective
Corrections, July 1, 1992, 57 FR 29220 November 22, 1993.
\1\.
[[Page 40522]]
Land Disposal Restrictions for Newly Rules 35 IAC 703.155; 703.181;
Listed Wastes and Hazardous Debris, 703.183; 703.280; 703 Appendix
August 18, 1992, 57 FR 37194-37282 \1\. A and M; 720.110; 721.103;
722.134; 724.210; 724.211;
724.212; 724.240; 724.242;
724.1100; 724.1101; 724.1102;
725.210; 725.211; 725.212;
725.240; 725.242; 725.321;
725.1100; 725.1101; 725.1102;
728.102; 728.107; 728.109;
728.114; 728.136; 728.140;
728.141; 728.142; 728.143;
728.145; 728.146; 728.150; 728
Tables B, F, and G; 728
Appendix B, Effective November
22, 1993.
Coke By Products Listings, August 18, Rules 35 IAC 721.104; 721.132;
1992, 57 FR 37284-37306 \1\. 721 Appendix G, Effective
November 22, 1993.
Recycled Used Oil Management Standards, Rules 35 IAC 720.110; 721.103;
September 10, 1992, 57 FR 41566-41626 721.105; 721.106; 726.200;
\1\. 739.101; 739.110; 739.111;
739.112; 739.120; 739.121;
739.122; 739.123; 739.124;
739.130; 739.131; 739.132;
739.140; 739.141; 739.142;
739.143; 739.144; 739.145;
739.146; 739.147; 739.150;
739.151; 739.152; 739.153;
739.154; 739.155; 739.156;
739.157; 739.159; 739.160;
739.161; 739.162; 739.163;
739.164; 739.165; 739.166;
739.167; 739.170; 739.171;
739.172; 739.173; 739.174;
739.175; 739.180; 739.181;
739.182, Effective November
22, 1993.
Consolidated Liability Requirements, Rules 35 IAC 724.241; 724.243;
September 1, 1988, 53 FR 33938-33960, 724.245; 724.247; 724.251;
as amended July 1, 1991, 56 FR 30200,* 725.241; 725.243; 725.245;
and September 16, 1992, 57 FR 42832- 725.247, Effective November
42844 \1\. 13, 1989, June 9, 1992, and
November 22, 1993.
Chlorinated Toluenes Production Waste Rules 35 IAC 721.132; 721
Listing, October 15, 1992, 57 FR 47376- Appendix G, Effective November
47386 \1\. 22, 1993.
Hazardous Soil Case by Case Capacity Rule 35 IAC 728.135, Effective
Variance, October 20, 1992, 57 FR November 22, 1993.
47772-47776 \1\.
Reissuance of the Mixture and Derived Rule 35 IAC 721.103, Effective
From Rules, March 3, 1992, 57 FR 07628- March 26, 1993, and November
07633 \1\ as amended June 1, 1992, 57 22, 1993.
FR 23062-23063 \1\ and October 30,
1992, 57 FR 49278-49279 \1\.
Toxicity Characteristic Amendment, June Rule 35 IAC 721.103, Effective
1, 1992, 57 FR 23062-23063 \1\. March 26, 1993.
Liquids in Landfills II, November 18, Rules 35 IAC 720.110; 724.113;
1992, 57 FR 54452-54461 \1\. 724.414; 724.416; 725.113;
725.114; 725.414; 725.416,
Effective November 22, 1993.
Corrective Action Management Units and Rules 35 IAC 702.110; 703.283
Temporary Units, February 16, 1993, 58 Appendix A; 720.110; 724.103;
FR 08658-08685 \1\. 724.201; 724.652; 724.653;
725.101; 728.102, Effective
April 21, 1994.
Recycled Used Oil Management Standards; Rules 35 IAC 721.104; 721.105;
Technical Amendments and Corrections 724.101; 725.101; 739.101;
I, May 3, 1993, 58 FR 26420-26426 \1\ 739.110; 739.111; 739.112;
as amended June 17, 1993, 58 FR 33341- 739.121; 739.122; 739.123;
33342 \1\. 739.140; 739.142; 739.143;
739.145; 739.151; 739.152;
739.154; 739.160; 739.162;
739.164; 739.170; 739.172;
739.174, Effective April 21,
1994.
Land Disposal Restrictions; Renewal of Rule 35 IAC 728.135, Effective
the Hazardous Waste Debris Case by April 21, 1994.
Case Capacity Variance, May 14, 1993,
58 FR 28506-28511 \1\.
Land Disposal Restrictions for Rules 35 IAC 703 Appendix A
Ignitable and Corrosive Characteristic 724.101; 725.101; 728.101;
Wastes Whose Treatment Standards Were 728.102; 728.107; 728.109;
Vacated, May 24, 1993, 58 FR 29860- 728.137; 728.140; 728 Table A
29887 \1\. and B, Effective April 21,
1994.
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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,
June 3, 1991, August 15, 1994, and May 14, 1996, 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.
[[Page 40523]]
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.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements. EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. EPA does not
anticipate that the approval of Illinois' hazardous waste program
referenced in today's notice will result in annual costs of $100
million or more. EPA's approval of State programs generally have a
deregulatory effect on the private sector because once it is determined
that a State hazardous waste program meets the requirements of RCRA
section 3006(b) and the regulations promulgated thereunder at 40 CFR
part 271, owners and operators of hazardous waste treatment, storage,
or disposal facilities (TSDFs) may take advantage of the flexibility
that an approved State may exercise. Such flexibility will reduce, not
increase, compliance costs for the private sector. Thus, today's rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved State hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR parts 264, 265 and 270. Once EPA authorizes a State to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved State program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 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.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of this rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
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: July 12, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-19703 Filed 8-2-96; 8:45 am]
BILLING CODE 6560-50-P
