ILLINOIS POLLUTION CONTROL BOARD
November 3,
1994
IN THE MATTER OF:
)
R94—17
RCRA UPDATE, USEPA REGULATIONS
)
(Identical in Substance Rules)
(1—1—94 THROUGH 6—30—94)
)
Adopted Rule.
Final Order.
SUPPLEMENTAL OPINION
AND
ORDER OF THE BOARD
(by
E. Dunham):
The Board adopted an opinion and an order in this matter on
October 20,
1994,
incorporating amendments for the update period
into the Illinois RCRA Subtitle D hazardous waste regulations.
On October 25, staff of the Joint Committee on Administrative
Rules
(JCAR) contacted Board staff to indicate a slight oversight
in the Board’s order.
JCAR staff pointed out that the Board had
omitted a three word segment from the federal text.
We hereby add the segment of federal text missing from the
adopted amendments to Section 721.104(e) (3) (A).
The restored
text is indicated by highlighting,
as follows:
SUBPART A:
GENERAL PROVISIONS
Section 721.104
Exclusions
e)
Treatability study samples.
3)
The Agency may grant requests on a case—by—case
basis for up to an additional two years for
treatability studies involving bioremediation.
The Agency may grant requests, on a case—by—case
basis,
for quantity limits in excess of those
specified in subsection
(e) (2) (A) and
(e) (2) (B)
above and
(f) (4)
below,
for up to an additional
5000 kg of media contaminated with non-acute
hazardous waste. 500 kg of any non—acute hazardous
waste,
2500 kg of media contaminated with acute
hazardous waste, and 1 kg of acute hazardous waste
and 250 kg of ~oilt~,water or dobric~contaminated
with
acute hacardouc wactc,~
~j
In response to reauests for authorization to
ship,
store, and conduct further treatability
studyies
i~i
di~t~pn~
ai~antit4e~
in advance
of commencing ~ä?ab1Ii?v
~tuffIè
s.
Factors
to be considered in reviewing such recaiests
include the nature of the technology, the
2
type of process
(e.g..
batch versus
continuous), the size of the unit undergoing
testing (particularly in relation to scale-up
considerations), the time or quantity of
material reauired to reach steady—state
operating conditions,
or test design
considerations, such as mass balance
calculations.
Another change in the October 20 order relates to an issue
raised during the post-adoption comment period.
Section
720.122(n) (3) states the Board’s intent to routinely list all
hazardous waste delistings in Table D of Section 721.Appendix
I
as they are granted.
This was done as to the first hazardous
waste delisting granted in early 1992.
It was not done as to
later—granted waste delistings.
We correct that oversight now,
even though these amendments were not earlier proposed.
Section
72l.Appendix
I has no substantive impact, and it serves to inform
the regulated community.
The Board can see no reason to delay
these amendments until the next update period.
The adopted amendments to Section 721.Appendix
I Table D are
as follows
(in their entirety):
Section 721.Appendix I
Wastes Excluded under Section 720.120
and 720.122
Table D
Wastes Excluded by Adjusted Standard
The Board has entered the following GQrders on petitions for
adjusted standards for delisting,
pursuant to 35 Ill. Adm. Code
720. 122.
AS91-l
Petition of Keystone Steel and Wire Co. for
Hazardous Waste Delisting,
February 6,
1992,
and
modified at 133 PCB 189, April
23,
1992.
(treated
K061 waste)
AS91-3
Petition of Peoria Disposal Co. for an Adiusted
Standard from 35
Ill. Adm. Code 72l.Subpart D,
February
6 and March 11,
1993.
(treated F006
waste)
AS93-7
Petition of Keystone Steel
& Wire Co.
for an
Adiusted Standard from 35 Ill. Adm. Code
721.Subpart D. February 17.
1994,
as modified
March 17.
1994.
(treated K062 waste)
(Source:
Amended at 18 Iii. Reg.
________,
effective
________________________________________)
3
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,
do hereby certify th~tth~,eabove supple~ientalopinion and
order was adopted on the
___________
day of
~
,
1994,
by a vote of
~‘
.
/
1/
/
/
.,
.A
1-7.
/)
~
~
~
Dorothy N. 9~n, Clerk
Illinois Po~1utionControl Board