Proposed Rule2022-01939
Illinois: Proposed Authorization of State Hazardous Waste Management Program Revision
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 1, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 21 (Tuesday, February 1, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>,
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, or email. The Federal
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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
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Analogous state authority:
Rule checklist Description of Federal Federal Register and Subtitle G: Waste Disposal,
requirement date 35 Ill. Adm. Code (IAC)
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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.
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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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