ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
IN THE MATTER OF:
)
)
RCRA
UPDATE, USEPA REGULATIONS
)
R92-10
(1/1/92
—
6/30/92)
)
(Identical in Substance
Rules)
~
USEPA CORRECTION OF OCTOBER 30.
1992
ORDER OF THE BOARD
(by 3. Anderson):
The Board adopted a proposed opinion and order in this RCRA
update docket on October 16, 1992.
The proposed rules appeared
in the Illinois Register on November
6,
1992,
at 16
Ill. Reg.
16770.
Public comment is due by December 21,
1992.
The R92-10 proposal presently includes a new Section
721.103(e), which adds an April 28,
1993,
“sunset provision” for
the “mixture and derived from” rules in Sections 721.103(a) (2) (D)
and
(c) (2) (A).
This was derived from 40 CFR 261.3(e), which was
added at 57
Fed.
Reg.
7632 and 23063, March
3 and June
1,
1992.
However, USEPA has repealed the sunset provision at 57 Fed. Reg.
49278,
October 30,
1992.
If the Board were to delay proposing the repeal of the
sunset provision until the next update docket dealing with USEPA
actions between July
1 and December 31,
1992,
it
would risk being
unable to take final action until after April
28,
1993.
This
could result in a temporary, but major difference between the
USEPA and Board rules.
Section 7.2 of the Environmental Protection Act limits
identical in substance batch periods to no more than six months.
The October 30,
1992, repeal of the sunset provision is outside
the batch period for R92-10, which began on January 2,
1992.
However, the Board frequently addresses USEPA corrections with
the original adoption of the equivalent rule,
even if the
corrections fall outside the batch period.
The Board does not
construe Section 7.2 as requiring it to adopt incorrect USEPA
rules pending the proper batch period.
Ol37-Ol~97
2
Therefore,
the Board intends to drop proposed Section
721.103(e)
in this R92-10 proceeding.
Please note that this
order will not extend the public comment period discussed above.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Boa~,hereby cer~ifythat the above order was adopted on the
/~f~—
day of
/7i-?~-~--~’-~’-_-,
1992,
by a vote of
7~
/~
/
~
I
/
‘~—~Dorothy
N. ~.mnn,Clerk
Illinois Poi’lution Control Board