The U.S. Environmental Protection Agency (USEPA) has proposed to grant final authorization to the Illinois EPA for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA).  The shift in authorization would be for thirty-six (36) RCRA program changes which were published in the Federal Register between 1995 and 2005.  Illinois EPA has not yet applied for program authorization for federal RCRA rules finalized after 2005.

Although all of these rules have been part of the Illinois State rules for many years (some with state-specific provisions), Illinois EPA has not updated its RCRA authorization status since 1996.  The following are some of the major programs included in this proposal:

  • Universal wastes;
  • Hazardous waste combustors covered under the National Emission Standards for Hazardous Air Pollutant (NESHAP), Subpart EEE;
  • Land disposal restrictions; and
  • Uniform hazardous waste manifest.

The content of the Illinois RCRA regulations will not change, but the enforcement authority for the affected programs will shift from USEPA Region V to the Illinois EPA.  The proposed rule was published March 18, 2016; and the comment due date was April 18, 2016.  It appears that no comments on the proposed rule were received in the rulemaking docket; therefore, final authorization is expected to be granted by the end of 2016.