ILLINOIS POLLUTION CONTROL BOARD

June 15,

1995

IN THE MATTER OF:

)

R95—4

tJIC UPDATE, USEPA REGULATIONS

)

 (Identical-in-Substance Rules)

(7—1—94 THROUGH 12—31—94)

)

IN THE MATTER OF:

)

 R95—6

RCRA UPDATE, USEPA REGULATIONS

)

 (Identical-in-Substance Rules)

(7—1—94 THROUGH 12—31—94,

)

1—3—95 & 5—19—95)

)

Adopted Rule.

 Final Order.

SUPPLEMENTAL OPINION AND ORDER OF THE BOARD (by E.

 Dunham):

By this supplemental opinion and order,

 the Board revises

the text of the Illinois RCRA Subtitle C hazardous waste

 (RCRA)

and underground injection control

 (UIC)

 regulations adopted on

June 1,

 1995.

 This supplemental action corrects errors in the

text of the regulations in response to comments by U.S. EPA and

resulting from Board review.

 Having received the U.S. EPA

comments anticipated in our June 1,

 1995 opinion, the Board will

proceed to immediately file these amendments.

On June 1,

 1995, the Board voted to adopt amendments to the

Illinois RCRA and UIC regulations pursuant to Section 13(c)

and

22.4(a)

 of the Environmental Protection Act

 (Act)

415

 ILCS

5/13(c)

 & 22.4(a)

 (1992).

 In the opinion accompanying that

adoption, the Board stated that it would delay filing these

amendments for 30 days to allow U.S. EPA an opportunity to

comment.

 On June 12, Norman R. Niedergang, Associate Division

Director for RCRA,

 Waste Management Division, of U.S. EPA Region

V filed comments, docketed as PC

6,

 in which U.S. EPA stated that

it had reviewed the amendments.

PC

 6 stated that U.S. EPA

reviewed the Board’s March

2,

 1995 proposed opinion and order,

and

 it set forth corrections necessary to 14 segments of the

rules.

The Board reviewed the U.S.

EPA-suggested corrections

in PC

6 and has responded to each in this opinion and order.

 A listing

follows that sets forth in summary fashion the corrections made

in response to PC

6.

 We will not further discuss the U.S. EPA

suggestions, except to the extent that the Board has not followed

or deviated in four of them.

 The changes made were as follows:

Section

 Board Action

721.App.

I,

 Tab. D

 Add entry for decision in AS 94-10

2

725.101(c) (10)

 Change “corrosive

 (D002)” to “reactive

(D003)”

725.984(b)(4)(D)(IV)

 Correct cross reference to “subsection

 (b)(4) (D) (iii)”

728.Table C (CMBST

 Add cross reference to “725.Subpart 0”

entry)

728.Table T

 (D002)

 Restore omitted second entry

 (for wastes

managed in CWA,

 CWA-equivalent,

 or SDWA

Class

 I systems)

728.Table T

 (FOOl,

 Delete entry for benzene

F002, etc.)

728.Table T

 (F039)

 Correct CAS number for bis-(2-chloroiso-

propyl)ether to “39638-32-9”, correct non-

wastewater concentration for diphenylamine

to “13”

728 .Table T

 (1011)

 Correct nonwastewater concentration for

acetonitrile to “1.8”

728.Table T

 (1028)

 Correct CAS number for Hexachlorobutadiene

to “87—88—3”

728.Table T

 (1030)

 Correct spellings of “hexachloropropylene”,

“pentachlorobenzene”,

 “pentachioroethane”

&

“tetrachloroethylene”

728.Table T

 (K102)

 Correct segment of introductory text to

“carbon for decolorization”

728.Table T

 (1126)

 Correct segment of introductory text to

“milling and packaging operations”

The Board did not make four U.S. EPA-suggested corrections.

We did not need to correct the nonwastewater listing for D028 and

the separation of the entries for U067 and U068 in Section

728.Table T because the June

 1 order had already made that

correction.

 Similarly,

 the June 1 order corrected the CAS number

for 1,1-dichioroethane in entry for 1028

 to 75-34-3, rather than

75—45—3 as suggested U.S. EPA,

 so that no change was necessary.

We deviated from the U.S. EPA suggestion as to the entry for F039

by correcting the nonwastewater listing for diphenylamine, rather

than for diphenylnitrosoamine as stated in PC 6, to 13 mg/kg.

Finally, the Board has independently corrected one oversight

in the June 1,

 1995 order.

 We updated Sections 721.Appendix I,

Tables A and B to reflect the December 14,

 1994 adjusted standard

granted to Envirite Corporation in AS 94-10.

 We had discussed

3

its addition to Section 721.Appendix I, Table

 D, but neglected to

add the entry.

 The Board now corrects that error.

The text of the revisions to the adopted rules follows.

The

Board has included only those segments of the text affected.

Highlighting further indicates the locations of the corrections.

Section 721.Appendix

I

 Wastes Excluded undcr Ccction 720.120 ~nd

720.122~

Administrative Action

Table D

 Wastes Excluded by the Board by Adjusted Standard

The Board has entered the following orders on petitions for adjusted standards

for delisting, pursuant to 35

 Ill.

 Adm. Code 720.122.

A594—1O

 Petjtio~of Envirite Corporatior~for an Adjusted Standard

 from 35

 Ill.

 Adm.

 Code 721.Subpart

D,

 December 14,

 1994,

as

modified on February

 16.,

 1995.

 (treated FDO6,

 F007,

 FOOS,

F009,

 FOil,

 F012,

 F019.

 K002, KOO~L~K0O4IK005,

 K006,

 KOO7~.

X008,

and

 1(062 wastes~

Section 725.101

 Purpose,

 Scope and Applicability

c)

 The requirements of this Part do not apply to:

10)

 The owner or operator of an elementary neutralization unit

or

a wastewater treatment unit as defined in

35

 Ill. Adm.

Code 720.110, provided that if the owner or operator is

diluting hazardous ignitable

 (DOOl) wastes

 (other than the

DOOl High TOC Subcategory d fined

in

35

 Ill. Adm.

 Code

728 Table DT)-7- or

oorro~ivoreactiv~

(D00~)waster in order

to remove the ~

 land~disposal,the owner

or operator must comply with the requirements set out

in

Section 725.117(b);

Section 725.984

 Waste Determination Procedures

~J

 Waste determination procedures for treated hazardous waste.

iL

 Procedure to determine the average VO concentration of a

hazardous waste at the point of waste treatment.

 The following procedure shall be used measure the VO

 concentration for each discrete quantity of material

identified

 in subsection

 (b)(4)(C) above:

4

i~a

 The measured VO concentration for the discrete

quantity of hazardous waste must be determined

by using the results for all samples analyzed in

accordance with subsection

 (b)(4)(~(iii)above

and_the_following equation:

Section 728.Table C

 Technology Codes and Description of Technology—Based

Standards

Technology

code

 Description of technology—based standard

CMBST Combustion

 in incinerators,

 boilers, or industrial

 furnaces operated

in

accordance_with the applicable requirements of

35

 Ill. Adm. Code

724 Subpart O~725 5ubp~t~tO~or 35

Ill

Adm

 Code 726 Subpart

H

Section 728.Table T

 Treatment Standards

 for Hazardous Wastes

Note:

 The treatment standards that heretofore appeared

 in tables in Sections

728.141,

 728.142, and 728.143 have been consolidated into this table.

Waste Code

Waste Description and Treatment or Regulatory Subcategory’

Regulated Hazardous Constituent

 Wastewaters

 Nonwastewaters

Common Name

 CAS2 Number

 Concentration

 Concentration

mg/i3

or

 in mg/kg3 un—

Technology

 less noted as

Code4

 ~mg/l TCLP”;

or Technology

Code4

D002

Corrosive Characteristic Wastes that are managed

 in non-CWA or non—CWA

equivalent or non—Class

 I SDWA systems.

NA

NA

 DEACT

 DEACT

and meet

 and meet

Section

 Section

728.148

 728.148

standards

 standards

~

 char

et~isti~

~1te~

 that ar~nlanaged

CW~

 A~e~tx~taIeftt~

~r

systema~

 DEACT

FOOl,

 FOO2,

 F003,

 F004

 & F005

FOOl,

 F002,

 F003,

 F004,

 or FOOS solvent wastes that contain any combination of

one or more of the following spent solvents:

 acetone,

 benzene, n—butyl

5

alcohol,

 carbon disulfide,

 carbon tetrachloride, chlorinated fluorocarbons,

chlorobenzene,

 o—cresol, m—cresol,

 p—cresol,

 cyclohexanone, o—dichlorobenzene,

2—ethoxyethanol,

 ethyl acetate,

 ethyl benzene,

 ethyl ether,

 isobutyl alcohol,

methanol, methylene chloride, methyl ethyl

 ketone, methyl

 isobutyl ketone,

nitrobenzene, 2—nitropropane, pyridine,

 tetrachloroethylene,

 toluene,

 1,1,1—

 trichloroethane,

 1, 1,2-trichloroethane,

 1, l,2—trichloro— l,2,2—trifluoro—

ethane, trichloroethylene, trichloromonofluoromethane,

 or xylenes

 (except as

specifically noted in other subcategories).

 See further details of these

listings

in

35

 Ill.

 Adm. Code 721.131

~

FO39

Leachate

 (liquids that have percolated through land disposed wastes) resulting

from the disposal

 of more than one restricted waste classified as hazardous

under 728.Subpart P.

 (Leachate resulting from the disposal of one or more of

the following U.S. EPA hazardous wastes and no other hazardous wastes retains

its U.S. EPA hazardous waste numbers:

 FO2O,

 FO21,

 FO22,

 FO26,

 FO27,

or

FO28.).

bis(2—ChloroisopropyU—

~

 0.055

7.2

ether

Diphenylamine

 (difficult

 122—39—4

 0.92

to distinguish from

diphenylnitrosamine)

1011

Bottom stream from the wastewater stripper in the production of acrylonitrile.

Acetonitrile

 75—05-8

5.6

1~8

1028

Spent catalyst from the hydrochiorinator reactor in the production of 1,1,1—

trichioroethane.

Hexachiorobutadiene

 0.055

5.6

1030

Column bodies or heavy ends

 from the combined production

 of trichloroethylene

 and perchloroethylene.

Hexachloropropylene

 .14B8—7l—7

~.entachlorobenzene

 608—93—5

NA

•p:entachloroethane

 76—01—7

NA

6.0

127—18—4

 0.056

6.0

1102

Residue from the use of activated carbon f~~decolorizationin the production

of veterinary pharmaceuticals from arsenicor organo—arsenic compounds.

1126

Baghouse dust and floor sweepings

 in milfing and packacring operations

 from the

production or formulation

 of ethylenebisdithiocarbámic acid and its salts.

6

IT IS SO ORDERED.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board, certify that the above supplemental opinion an

 order was

adopted by the Board

or~

the

/5~

 day of

 -t.-

1995, by a vote of

~

L/~~

~1~/

Dorothy N..’ unn, Clerk

Illinois l’ç~llutionControl Board