ILLINOIS POLLUTION CONTROL

BOARD

October 19,

1995

IN THE MATTER OF:

)

R95—20

RCRA SUBTITLE C UPDATE,

)

 (Identical in Substance Rules)

USEPA REGULATIONS

)

(1—1—95 THROUGH 6—30—95)

)

ORDER OF THE BOARD (by E. Dunham):

This matter is before the Board on a October 13,

1995

request of TDI Batteries, docketed as public comment number 3

(PC

3),

which ~eeke expedited Board congideration of certain federal

amendments to the RCRA Subtitle C regulations.

 The Board further

uses this opportunity to raise other matters important to this

proceeding.

 The first is the need to set forth a reason for

delay, and thereby extend the deadline for ultimate adoption of

these amendments ‘by the Board.

EXPEDITED CONSIDERATION

In PC

 3, TDI Batteries states that it manufactures

rechargeable batteries,

 including nickel—cadmium cells in

Illinois.

 TDI is interested in starting a battery recycling

program.

 It wants the Board to promptly adopt regulations that

are identical—in--substance to the new federal

 “Universal Waste

Rule”,

 40 CFR 273, adopted by USEPA on May 11,

 1995.

The

Universal Waste Rule relieves persons engaged in certain

activities, such as collecting nickel-cadmium batteries for

 recycling, from major portions of the burden of complying with

the existing RCRA Subtitle C regulations.

 As such, the Universal

Waste Rule constitutes a rederal regulatory relaxation, and the

existing Illinois regulations will continue to apply in this

state until the Board adopts the Universal Waste Rule.’

The Board does not desire to prolong the time between

federal promulgation and our adoption of corresponding identical-

in-substance amendments.

 This is especially true during a time

when Illinois regulations are temporarily more stringent than the

corresponding federal rules.

 For these reasons, the Board hereby

grants expedited consideration to the extent consistent with our

current workload and available resources.

 We will immediately

begin to assemble the proposal.

 As is more fully explained

below, we intend to consider a proposal ‘for publication of

Notices

 Proposed Amendments

 in the Illinois Recrister at

either

 Section

 300Ei of

RCRP~.

(42

TJ~~C§

~92~)

 provides

 that

state regulations apply in an authorized state

in lieu of the

federal regulations.

 Section 3009

(42

U.s.c.

 § 6929)

 provides

that states may establish regulations that are more stringent

than the federal regulations.

2

of our regularly—scheduled meetings of November 16 or December 7,

1995.

REASON

FOR

DELAY

Section

 22.4(a) provides for quick adoption of regulations

that are “identical in substance” to federal regulations adopted

by USEPA to implement Sections 3001 through 3005 of the Resource

Conservation and Recovery Act of 1976

 (RCRA,

 42 U.S.C.

§S

6921-

6925).

 Section 22.4(a)

 further provides that the Board may deal

with multiple federal amendments that occurred in a single siX-

month period together in the same proceeding.

 Thus,

 it has been

the Board’s practice to deal with the federal RCRA Subtitle C

amendments in two dockets each calendar year:

 one for the period

January

 1 through June 30, and the other for the period July

1

through December 31.

Section 7.2(b)

 of the Act requires the Board to complete our

rulemaking proceedings within one year of when USEPA adopted its

corresponding

rules.

the

 case of dockets where we have

batched several rulemakings together, the Board uses the earliest

federal action in the period to determine the Section 7.2(b)

due

date for completion.

The Board is aware that USEPA amended the federal hazardous

waste

regulations

during

 the period January 1 through June 30,

1995

the

following

actions:

Fed.

Reg.

242

(Jan.

3,

 1995)

Fed.

Req.

3089

(Jan.

13,

 1995)

Fed.

Reg.

6666

(‘Feb.

1995)

59 Fed.

 Reg. 7366

(Feb.

7,

 1995)

Fed.

Reg.

7824

(Feb.

1995)

Fed.

Req.

17001

(Apr.

1995)

Technical

Corrections

Phase

LDRs

Update to testing and monitoring

methods

Response to City of Chicago v.

Environmental

Defense

Fund

decision

Determination that additional

regulation

necessary

for

cement

kiln dust

New hazardous waste listings for

six carbamate production wastes;

addition

commercial

chemical

product wastes; exemption of

certain biological treatment

sludges

Update

testing

and

monitoring

methods

3

59 Fed.

 Reg.

17160

(Apr.

4,

 1995)

59 Fed. Req.

19165

(Apr.

17,

 1995)

59 Fed.

 Reg.

25492

(N~~

11,

 1995)

59 Fed.

 Req.

25619

(May 12,

 1995)

 59 Fed.

 Reg.

26828

(May 19, 1995)

60 Fed. Reg.

31114

(June

13,

 1995)

59

Fed.

Reg.

33912

(June

29,

 1995)

Update to CWA analytical methods,

incorporated by reference in 35

Ill. Adm. Code 720.111

Corrections to carbamate waste

listings

Universal Waste Rule

Correction to carbamate waste

listings

Postponement of effective date for

tank,

 container, and surface

impoundment air emissions rules

Delisting of hazardous waste

generated in Illinois by a

Pennsylvania

company

Deletion

of

obsolete,

 redundant,

and outdated RCRA rules

The Board completed our proceedings on the federal amendments

in

the prior update docket,

 R95-6, on June 27,

 1995, when we filed

the amendments with the Office of the Secretary of State.

Included in consolidated docket R95-4/R95-6, for the reasons

stated in our opinion and order of June 1,

 1995, were the federal

amendments of January

 3 and May 19,

 1995.

 For these reasons, the

federal action of January 13, 1995 is the earliest open action

for the time frame of this docket, and the nominal due date ror

Board completion is January 13,

 1996.

The demands on Board staff and resources and the aggregated

magnitude of the federal actions included in this docket will

make

it

impossible for the Board to meet the nominal deadline for

completion of January 13,

 1996.

 Meeting that deadline would have

required Board adoption of

 a proposal for public comment by about

September 7,

 1995 for adoption of a final opinion and order by

about November 16,

 1995.2

For the foregoing reasons, the Board finds it necessary to

2

 Under agreement with USEPA,

 the Board delays filing

adopted RCRA Subtitle C amendments for 30 days after we have

voted

to

adopt

 theiy~,

in order to allow opportunity for USEPA

comment.

 The cited dates in the text are those of regularly

scheduled Board meetings that allow us to reliably complete all

necessary actions and obtain Illinois Register publication of the

 appropriate notices.

set forth reasons for delay and seek publication of the

appropriate notice in the Illinois Re~ister. The present and

recent—past demands on Board resources and personnel,

 including

those associated with completing the prior update, R95-4/R95—6,

will result in a delay in completion of this proceeding.

At

present, the Board hopes to entertain a proposal for public

comment by our regularly-scheduled meeting of December 7,

 1995.

This will allow us to consider adoption of the amendments no

later than late February,

 1996.

CSI

 HAZARDOUS WASTE DELISTINC

The Board notes that the federal action of June 13,

 1995 was

a hazardous waste delisting for a waste generated by Conversion

Systems,

 Inc.

 (CSI)

 at Sterling,

 Illinois.

 Unless the Board

receives a specific request from CSI that we do so, the Board

does not presently intend to include this federally-granted

hazardous waste ctelisting in our proposal for public comment on

or about December 7.

IT IS

SO ORDERED.

I, Dorothy H.

 Gunn, Clerk of the Illinois Pollution Control

Board

 do hereby certify that the above order was adopted on the

________

 day of

~

 1995, by a vote of

DoruUiy H.

 ~nn,

 Clerk

Illinois Po~JutionControl Board