ILLINOIS POLLUTION CONTROL
    BOARD
    January
    13, 1983
    In the matter of:
    Amendments to Phase
    I
    )
    R82-18
    RCRA Rules
    )
    FINAL ORDER.
    ADOPTED
    RULE
    OPINION
    AND
    ORDER OF THE BOARD
    (by D. Anderson):
    On September 15, 1982 the Board sent the Illinois
    Environmental Protection Agency
    (Agency’s)
    proposal for
    amendments to the Phase
    I RCRA rules to first notice.
    These appeared at
    6 Ill.
    Req.
    12,377, October 15,
    1982.
    The Board adopted
    the
    final Phase
    I
    RCRA
    rules on
    February
    4, 1982
    (R81—22,
    45 PCB 315,
    6 Ill.
    Req.
    4828,
    April 23,
    1982),
    These became effective on May 17,
    1982
    when USEPA granted Phase
    I interim authorization to Illinois.
    In a related action
    the
    Board adopted the underground
    injection control regulations in R81-32.
    These appeared as
    adopted rules
    at 6 Iii. Reg.
    12,479, 12,655, October 15,
    1982.
    This proposal brings the RCRA rules up to date with
    amendments to the corresponding federal regulations as
    follows:
    35
    Ill. Mm.
    Code
    40 CFR
    Federal Register
    721.103
    261.3
    46 Fed. Reg. 56,582
    722.110
    262.10
    47 Fed.
    Req.
    1248
    722.134
    262.34
    47 Fed. Reg. 1248
    725.101
    265e1
    47 Fed.
    Req.
    8304
    725.190
    265.90
    47
    Fed.
    Reg.
    1254
    725.240
    et seq.
    265.140 et seq.
    47 Fed. Reg. 15,032
    47 Fed.
    Req.
    16,544
    725.412
    265.312
    46 Fed.
    Reg.
    56,592
    47 Fed.
    Reg.
    8304
    725.414
    265.314
    46 Fed.
    Reg.
    56,592
    47 Fed.
    Reg.
    8304
    47 Fed.
    Reg.
    12,316
    725.440
    265.340
    47 Fed.
    Req.
    27,520
    725.447
    265.347
    47 Fed. Req. 27,520
    Amendments to the federal rules which have been adopted
    since this proposal was filed will be handled in connection
    with the Phase II RCRA proposal in R82-19.
    51-31
    —2—
    In addition to
    the
    recent federal amendments, the Agency
    proposed that the Board correct the spelling of “malononitrile”
    j~35 Iii, Adm~ Code 72L133,
    In that this proposal involves amendments which keep the
    Illinois
    regulations identical in
    substance
    with the corres-
    ponding federal rules,
    the abbreviated procedures of Section
    22.4(a)
    of the Environmental Protection Act
    (Act) may be used.
    This rulemaking is not subject to the hearing or economic
    impact study requirements of the Act,
    or to the notice require-
    ments
    of the Administrative Procedure Act.
    The Board nonethe-
    less utilized the Illinois Register for publication and
    solicitation of cornments~
    The Board received coimuents only from the Administrative
    Code Unit relating to the form of source and authority notes.
    The
    Board
    will
    therefore
    adopt
    the
    Agency
    proposal
    with
    editorial
    changes
    and
    with
    the
    following additions:
    1.
    An incorrect reference to “Part 703” will be
    changed to “Part 704~in Section 700.106.
    This
    error was made
    in the UIC rules published at
    6 Iii,
    Req.
    12,655, October
    15,
    1982.
    2.
    Section 725,251 will be added to state the Agency’s
    authority to promulgate forms pursuant to Section 39
    of the Act to implement the financial responsibility
    regulations.
    These
    are
    set
    out
    at
    length
    at
    40 CFR
    265~l4Oet seq~.in the sections which are incorpor-
    ated by reference into the Board rules.
    Standardized
    forms
    will
    avoid
    having to place this lengthy
    material
    into
    the
    text
    of
    the rules, and should be
    cheaper
    for
    industry
    to
    comply
    with.
    The Board hereby adopts the proposal as indicated above.
    The Clerk
    is directed to file the rules with the Secretary of
    State.
    A copy of the final rules will be attached to this
    Order, except that
    only
    a
    summary
    of
    changes to Section
    721.133 will be attached,
    The filing of the rules
    is subject
    to final approval by the Administrative Code Unit.
    IT IS SO ORDERED,
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby c~rtifythat the above Opinion and Order
    were ~.doptedon theJ~~dayof~
    ,
    1983
    by a vote
    of_______________
    —
    1;
    Christan L
    Moffett, Clerk
    Illinois Pollution Control Board
    51-32
    Section 721.133
    Discarded Commercial Chemical Products,
    Off-specification Species, Containers and
    Spill Residues
    (The following is a summary of amendments to Section 721.133
    to be published in the Opinion volume in lieu of the entire
    text, which will appear in the Illinois Register:)
    1.
    “Of
    this section” deleted where unnecessary.
    2.
    “;“
    changed to
    “:“
    in
    Section 721.133(c).
    3.
    Comments have been enclosed in parentheses.
    4.
    cr149 Ma~e~~eMalononitrile
    51-33

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