109—353

ILLINOIS POLLUTION CONTROL BOARD

March

8,

1990

IN THE MATTER OF:

RCRA UPDATE, USEPA REGULATIONS,

)

 R89-9

(1—1—89 THROUGH 6—30—89)

)

 (Rulemaking)

FINAL ORDER.

 ADOPTED RULES.

OPINION OF THE BOARD

 (by J. Anderson):*

By

 a separate Order, pursuant

 to Section 22.4(a) of the

Environmental Protection Act

 (Act),

 the Board is amending the

RCRA hazardous waste regulations.

Section 22.4

 of the Act governs adoption of regulations

establishing the RCRA program in Illinois.

 Section 22.4(a)

provides for quick adoption of

 regulations which are “identical

in substance”

 to federal regulations;

 Section 22.4(a) provides

that Title VII of the Act and Section

 5 of the Administrative

Procedure Act shall

 not apply.

 Because

 this

 rulemaking

 is not

subject

 to Section

 5 of the Administrative Procedure Act,

it

is

not subject

 to first notice

or

 to second notice review by the

Joint Committee on Administrative Rules

 (JCAR).

 The federal RCRA

regulations are found at

 40 CFR 260 through

 270.

 This rulemaking

updates Illinois’ RCRA rules

 to correspond with federal

amendments during

 the period

 January

1

 through June

30,

 1989.

The Federal Registers utilized are as follows:

54 Fed.

 Reg.

617

 January

 9, 1989

54 Fed. Req.

4021

 January

27,

1989

54 Fed.

 Reg.

4288

 January

30,

1989

54 Fed.

 Reg.

8266

 February

 27, 1989

54 Fed.

 Req.

9607

 March

7,

1989

54 Fed. Reg.

18837

May

2,

1989

54 Fed. Reg.

26198

 June

22,

1989

54 Fed. Reg.

26647

 June

23,

1989

54 Fed. Reg.

27116

 June

27,

1989

The USEPA amendments

 include several

 site—specific

delistings.

 As provided

in

35

 Ill. Adm.

 Code 720.122(d),

the

Board will not adopt site—specific delistings unless and until

someone

 files

 a proposal showing why the delisting needs

 to be

adopted as part

of

 the Illinois program.

PUBLIC COMMENT

The Board adopted a proposal

 for public comment. on December

6,

:989.

 The proposal appeared on January

5,

 1990,

at

14

Ill.

Reg.

72.

 The Board received the following public comment:

 The Board acknowledges the contributions of Morton

 F. Dorothy

and Anne

 E. Manly

 in the preparation of this Opinion and Order.

109—343

—2-

PC

1

 Big River River Zinc Corporation, December 4,

1989

PC

2

 Administrative Code Division, February

2,

1990

PC

3

 JCAR,

 February

 6, 1990

PC

4

 USEPA,

 March

7,

1990

PC

1

 concerns the listing

of

 certain zinc p’-oduction wastes,

 which was

addressed

 in R89—l.

 The comment

 was docketed

 in this matter, because R89—1

was closed

 before

 it was

 received.

 The Sections

 involved have

not

 been

include

in

 this update.

The Board

 received

 a series

 of letters from LICAR

in

 response to the

Proposal

 for Public Comment.

 JCAR indicated that

the

 staff had

 raised

no

problems or questions.

 This

 has been docketed

as

PC

3.

In

PC

 4 USEPA pointed out

 a number

 of minor errors

in

 the proposal.

USEPA

 indicated that

it

 had submitted the Proposed Opinion, which

 included

a

number

of

 requests

 for coment,

 to headquarters for

 review.

 USEPA

 indicated

that

 it would

 forward

 its response under

 a separate

 cover.

EXTENSION OF

 TIME ORDERS

Section 7.2(b)

 of the Act requires that identical

in

 substance

rulemakings

 be completed within one year after the first

 USEPA action

 in the

batch period.

 If the Board

 is unable

to

do

so

it

 must enter

an

 “extension

of

time’

 Order.

 The Board

 extended the time for this rulemaking

 on January

ii,

1990.

 The notice appeared

 on March

2,

 1990,

at

 14 Ill. Reg.

 3283.

The public comment period ended

 on February

20,

 1990.

 The Board

anticipated adopting this rulemaking at

 its February

22,

 1990 meeting.

However,

 the Board postponed action

 to await conrent from USEPA.

HISTORY

OF

 RCRA,

 UST and

 UIC ADOPTION

The Illinois RCRA,

UST

 (Underground Storage Tanks)

 and UIC (Underground

Injection Control) regulations,

 together with more stringent State

 regulations

particularly applicable

 to hazardous waste,

 include the following:

702

 RCRA and UIC Permit

 Programs

703

 RCRA Permit Program

704

UIC

Permit

Program

705

Procedures

for

Permit

Issuance

709

Wastestream Authorizations

720

General

721

Identification

and

Listing

722

Generator

Standards

723

Transporter

StE idards

?24

 Finn!

 ~SPStan.:~rd~

72S

interim

Status

TSU

Standards

726

SpP?-ifir

Wastes

and

Manar~ement Facilities

728

~J~’AL~-~~E~~sal ~

4ct~~

~29

 L~dt4il:: Pr~h~b~tc~’4

 ~t~m

—3—

730

 UIC Oper~atingRequirements

731

 Underground Storage Tanks

738

Injection

Restrictions

Special

 procedures

 for RCRA cases

 are included in Parts

 102,

 103,

 104 and

106.

Adoption

 of these

 regulations has proceeded in

 several

 stages.

 The Phase

I

 RCRA regulations were adopted and amended

as

follows:

R81—22

45

PCB

 317, February

4,

 1982,

 6 Ill. Reg.

 482$,

 Ap’il

23,

 l.82.

R82-18

51

 PCB 31, January

13,

 1983,

7

 Ill. Reg.

 2518,

Ma~’ch

4,

 1983.

Illinois received

 Phase

I

 interim authorization

on

 flay

17,

1982

 (47 Fed.

Reg. 21043).

The U1C regulations were adopted

 as follows:

R81-32

47

 PCB 93, May 13,

 1982;

 Octobe”

15,

 1982,

 6 Ill. Reg.

 12479.

The UIC regulations were amended

 in R82—18, which

is

 referenced

 above.

The UIC regulations were

also

amended

R83-39:

R83-39

 55 PCB

 319, December

15,

 1983;

 7 Ill. Reg. 17338, December

20,

1983.

Illinois

received

UIC

authorization

February

1,

 1984.

 The Board

has

updated the

UIC

 regulations:

R85—23

70

 PCB 311, June

20,

 1986;

 10 Ill. Reg.

 13274, August

8,

 1986.

R86—27

 Dismissed at

77

 PCB 234, April

16,

1987

 (No USEPA amendments

through 12/31/86).

R87—29

 January

21,

 1988;

12

 Ill. Reg. 6673, April

8,

 1988;

 (1/1/87

through

 6/30/87).

R88—2

 June

16,

 1988;

 12 Ill. Reg.

 13700, August

26,

 1988.

 (7/1/87

through

 12/31/87).

R88—17

 December

15,

 1988;

 13 Ill. Reg.

 478, effective tlecember

30,

1988.

 (1/1/88 through 6/30/88).

R89—2

 January 25,

 1990;

 14 Ill. Reg.

 3059,

 effective February

20,

1990

 (7/1/88 through

 12/31/88).

R89—11

 Proposed Order January

25,

 1990;

 Proposed March

2,

 1990,

at

14

Ill. Reg 3006 (1/1/89 through 11/30/89).

R90-5

 Next Docket

The Phase

 II RCRA regulations

 included adoption of Parts 703

 and 724,

which established

 the permit program and

 final

 TSD standards.

 The Phase

II

109—34

5

-4-

regulations we’-e adopted

 and amended

 as follows:

R82-19

PCB

131,

July

26,

1983,

7

 111.

 Reg.

13999,

October

28,

1983.

R83-24

55

PCB

31,

December

15,

1983,

 Ill.

Reg.

200,

January

1984.

On September

6,

 1984,

 the Third District Appellate Court upheld the

Board’s actions

in

 adopting P82-19 and P83-24.

 (Commonwealth Edison

et

al.

v.

IPCB,

127

 Ill. App.

 3d 446;

 468 NE

2d

 1339 ~

The Boa~-dupdated the RCRA ‘egulations

 to cor~-espondwith USEPA

amendments

 in several

 dockets.

 The period

 of the

 USEPA regulations covered

by

the update

is

 indicated

in

 parentheses:

P84—9

64

PCB

 427, June

13,

 1985;

 9 Ill.

 Peg.

 11964, effective July 24,

1985.

 (through 4/24/84)

P85—22

PCB

175,

479,

 December 20,

 1985 and Janua”y

9,

 1986;

 10 Ill.

Reg.

968,

effective

January

1986.

(4/25/84

——

6/30/85)

R86—1

71

 PCB 110, July 11,

 1986;

 10 111.

 Reg.

 13998, August

22,

1986.

 (7/1/85

-—

 1/31/86)

R86-19

 73 PCB 467, October

23,

 1986;

 10 Ill.

Reg.

20630,

December

12,

1986.

(2/1/86

-—

3/31/86)

P86—28

PCB

306,

 February

1987;

and

PCB

195,

 March

1987;

Ill. Peg. 6017,

 April

3,

 1987.

 Correction

at

77

PCB

 235, April

16,

 1987;

11

 Ill. Reg. 8684,

May

 1987.

 (4/1/86

——

 6/30/86)

P85-46

 July

16,

 1987;

 August

14,

 1987;

11

 Ill.

 Reg.

 13435.

 (7/1/86

——

9/30/86)

R87-5

 October

15,

 1987;

11

 111. Reg. 19280, November 30,

 1987.

(10/1/86

—-

12/31/86)

R87-26

 December

3,

 1987;

12

 Ill.

 Reg.

 2450, January

29,

 1988.

(1/1/87

-—

 6/30/87)

R87-32

 Correction

 to R86—1;

 September

4,

 1987;

11

 Ill. Reg.

 16698,

Octobe”

 16, 1987.

P87—39

 Adopted June

14,

 1988;

 12 Ill.

 Peg.

 12999,

 August

12,

 1988.

(7/1/87

—-

12/31/87)

P88-16

 November

17,

 1988;

13

 Ill.

 Reg. 447, effective December

28,

1988

 (1/1/88

—-

 7/31/88)

R89—

 Septembe~13, October

 18 and November

16,

 1989;

13

 Ill.

 Peg.

i~’278,~

 ectiv’

 November

 13, 1989

 (8/1/88

——

12/31/88)

R89—9

 This Docket

 (1/1/89 through 6/3O/89~

~:~t

Docket (7/1/~tn~~

 12/3

‘P”)

10q—34E~

—5—

Illinois received

 final

 authorization for the RCRA program effective

January

31,

 1986.

The Underground Storage Tank rules

 were adopted

 in P86—i and R86-28,

~ihich

 were RCRA update Dockets discussed above.

 They are currently being

handled

 in their own Dockets:

R88—27

 April

27,

 1989;

 13 Ill.

 Peg.

 9519,

 effective June

12,

1989

(Technical

 standards, September 23,

 1989)

R89-4

 July

27,

 1989;

13

 Ill.

 Reg.

 15010, effective September 12,

1989

(Financial

 assurance, October

26,

 1989)

P89-10

 February 22,

1990

 (initial

 update, through 6/30/89)

P89—19

 Proposed January

11,

 1990;

 P”oposed February

23,

 1990,

at

14

Ill.

Peg.

2791

(UST

State

Fund)

R90—3

 Proposed March

 8, 1990

 (7/1/89

—

 12/31/89)

The

 Board added

to

 the federal

 listings

 of hazardous waste

 by listing

dioxins pursuant

 to Section 22.4(d)

 of the Act:

P84-34

61

PCB

 247, November

21,

 1984;

 8 Ill. Peg.

 24562, effective

December 11,

 1984.

This was

 repealed by

P85-22,

which

included

 adoption

 of USEPA’s dioxin

listings.

 Section 22.4(d) was

 repealed by

 S.B.

 1834.

The Board

has

 adopted USEPA delistirigs

 at the request

 of Amoco and

Envirite:

P85-2

 69 PCB 314,

 April

24,

 1986;

 10 Ill. Reg. 8112, effective May

2,

1986.

R87-30

 June 30,

 1988;

12

 Ill. Reg.

 12070, effective July 12,

 1988.

The

Board

has

procedures

followed

cases

before

involving

the

RCRA

regulations:

R84-lO

PCB

87,

349,

December

20,

1984

and

January

10,

1985;

Ill.

Peg.

1383,

effective

January

16,

1985.

The Board

 also adopted

in

 Part

 106 special

 procedures

to

 be followed

in

certain determinations.

 Part

 106 was adopted

 in P85-22

 and amended

 in R86-46,

listed

 above.

The Board

has

 also adopted requirements limiting

 and restricting the

landfilling of liquid

 hazardous waste, hazardous wastes

 containing halogenated

compounds

 and hazardous wastes

 generally:

R81-25

 60 PCB

 381, October

25,

 1984;

 8 111. Reg.

 24124, December

4,

1984;

109—347

-6-

P83—28

February

26,

1986;

Ill.

Peg.

 4875,

 effective March

7,

 1986.

P86—9

 Emergency regulations

 adopted

at

 73 PCB 427, October

23,

 1986;

10 Ill. Reg. 19787, effective November

5,

 1986.

The Board’s action

 in adopting emergency regulations

 in P86—9 was

reversed (CBE

 and IEPA

v.

 IPCB et al., First Dist”ict, January 26,

 1987).

DETAILED

DISCUSSION

The Federal Registers involved

 in this rulenaking include

 the following:

January

9,

1989

 Corrects references

 to Subpat

X

January

27,

1989

 Administrative stay of 8/17/88 Fed. Peg; waste

Codes

Janua”y

30,

1989

 incineration permits

February 27,

1989

 Thi”d

 Tnird Ban schedule

Md”ch

7,

1989

 Modification of Three Tier Modification system

May

2,

1989

 Amendments First

 Third Bans

June

22,

1989

 Correction

 to Subpart

 X Preamble;

 detonation

distances

June 23,

1989

 Second Third Bans

June 27,

1989

 Delisting procdures

Several

 of these have been included

 in the

 list of federal

 actions even

though ultimately they result

in

 no Board action.

 The January

 27 and June

22

Registers

 relate back to

 the Preambie~to earlier Registers which the Board

did

adopt.

discussed

below,

the

January

9

Federal

corrects

references

to the

 new 35

 Ill.

 Adm. Code 724.Subpart

X.

The February 27 Register modifies USEPA’s schedule

 for implementing the

Third Third Bans.

As

 is dicussed below

 in connection with Part

 728,

 the Board

has not adopted the schedule, which governs

 actions

to

be

 taken

 by USEPA.

As was discussed

 above,

 the Board

 has eliminated site-specific USEPA

rules from the

 list of actions.

 The Board will

not

 adopt these unless and

until

 someone petitions the Board

to

do

so,

 and shows

 why the delisting

 needs

to

be

a

 part of the

 Illinois program.

What

 remains

is,

 by RCRA standards,

a

 rather

 short rulemaking.

 Most of

the bulk

 is the June

23,

 1989 Second Third Bans.

The

 rules have been edited

to

 establish

 a uniform usage with

 respect

to

“shall”,

 “must”,

 “will”

 and “may”.

 “Shall”

is

 used when the subject

of

a

sentence

has

something.

“Must”

used

when

someone

has

something, but

 that someone

is

 not the subject

 of the sentence.

 “Will”

is

~r

 wh~ t~~oar~

 ob~~ig~tes

 itself to

 do sorneth~ng.

 “M~y;” ~s ‘s.

vhen

provision

is

 ôp~tio~iai.Some of

 the USEPA ~

 appear to

 sa~’someth~’igother

than what was ii~tended. Others

 do ~ot read cnrrectly when the Board

 or IEPA

s’r~~.t~tu

~tn

~:e

f’~d~ral~o.

Th~

3~rd d/:~

not

~r~t~d

tom~c-

subst~r~tive

 ‘Th

r’~

the

r’

‘~c

y

‘

j n

 edits

109—

348

-7—

PARTS

702

AND

 703:

 RCRA PERMITS

These

Parts

were

originally

based

the

consolidated

permit

rules

CFP

122.

These

have

now

been

deconsolidated

CFR

270.

Some

the

Sections

still

show

the

old

Part

122

“Board

Notes”.

Because

these

Parts

lack

the simple

 relationship

 to the current

organization

the

federal

rules,

it

is necessary to use

a

 cross

 reference table.

An

 updated version

 of the table

appears

at

 the end of this Opinion.

Section 702.122

Part

 702 was amended

 in P89—2 since

 the proposal

 in this Docket.

 This

action

is

 reflected

in

the

Main

 Source Note, but

 does not affect this Section.

This Section

 is drawn from 40 CFR 270.10(c),. which was amended

at

 54 Fed.

Reg.

 9607.

 The amendment allows

 the Agency

 to deny

a

 permit for the

 active

life of

 a facility prior

to

 receipt

of

a

 complete application.

 Note that

virtually

all

 facilities will

 receive

 a post-closure care permit even though

the application for

a

 permit

 to operate

 is denied.

Section 703.121

This Section

 is drawn

 from 40 CFR 270.1(c), which was amended

at

 54 Fed.

Peg.

 9607.

 The new language has

 been added

 as Section 703.121(c).

 The denial

permit

for

the

active

life

does

not

affect

the

duty

obtain

post—

closure

care

permit.

Section 703.155

This Section

is

 drawn

 from 40 CFR

 270.72, which was amended

at

 54 Fed.

 Peg.

 9607.

 The amendments allow interim status facilities to make changes

to

enable

them

 to comply with the landfill

 bans discussed below, without filing

a

Part

application

for

RCRA

permit.

CFR

270.72(a)(2)(ii

)

 allows

 changes

which

are

“necessary

comply

with

Federal,

State,

local

requirement.”

The

Board

has

added

reference

Ill.

Adm.

Code

725,

which

will

the

most

common

type

requirement.

This

follows

the

existing

language

Section

703.155(a)(3)(B).

both

points, the Board

has

 added

 a reference to the

 land disposal

 bans in

 35 Ill.

Adm. Code

 728 and

 729, which are another type of “State

or

 local”

requirement.

 The Board

 solicited comment, but

 received no

 response, as

to

whether these

 examples

are

 indeed “requirements”

 of the type contemplated in

the USEPA

 rule.

40 CFR 270.72(a)(5)

and

 (b)(5) authorize:

Changes made in accordance with an interim status

corrective action

 order issued

 by EPA

 under section

3008(h)

 (of RCRA)

 or other Federal

 authority,

by

an

authorized State under comparable authority,

or

by

a

court

in

 a judicial action brought by EPA or by an

authorized state.

109—349

-8-

In Section 703.155(a)(5) and

 (b)(5), the Board

 has rendered this

 as follows:

Changes necessary to

 comply with

 an interim status

corrective action order issued

by:

 USEPA under

Section 3008(h)

 of the Resource Conservation

and

Recovery Act

 or other

 federal

 authority;

 a court

pursuant to

 a judicial

 action brought

 by USEPA;

a

court

 pursuant to the Envi”onmental

 P’otection Act;

or,

 the Board.

In

 Illinois any person

 may bring

 an enforcement

 action

 before the Board

under Section

31

 of the Act.

 In addition,

 the Attorney General

or

 a State’s

Attorney may seek

an

 injunction

 in Circuit

 Court

 under Section

43

 of the

Act.

 in P84-10 the Board adopted procedures

in

 35 111. Adm. Code

 103 to

assure

 that

 the Agency participates

in

 enforcement

 actions

 brought before the

Board

 by other complainants,

to

 avoid the possiblity

of

 an Order which might

be

 inconsistent with RCRA.

The reference to Section

 3008(h)

 of PCRA serves

to

 identify the

 type of

action taken

by

 USEPA.

As

 such,

it

 is not

 an incorporation by

 reference

of

the standards contained

in

 that Section.

 On the other hand,

in

 40 CFR

270.72(b)(6)

 there

is

 a reference to the statutory land disposal

 bans

in

Section 3004 of RCRA.

 This does function

as

 an incorporation by

 refenence.

The Board

has

 instead referenced existing Section

 728.139, which

 in turn

references the statutory bans.

 This editorial

 change

 isolates the problems

which the reference to the

 federal

 statute may

 c”eate,

 and will make

it

 easier

to update the

 reference.

Section

 703.157

This Section

is

 drawn from 40 CFP

 270.73, which

 was amended

at

 54 Fed.

Red.

 9607.

 The amendment terminates

 interim

 status for facilities treating

wastes

subject

the

land

disposal

bans

after

months,

unless

the

operator

certifies

that

the

facility

compliance

with

the

inte~’imstatus

groundwater monitoring and

 financial

 assurance requirements.

Section

703.183

This

Section

drawn

from

CFR

270.14(b),

which

was

amended

Fed.

Peg.

617.

The

amendments

affect

cross

references

CFR

270.14(b)(5)

and

(13)

 (Section 703.183(e)

and

 (m)).

 The amendments appear

to

 be restoring

cross

references

which

were

recently

changed

P89—i.

The

Board

solicited

comment

whether

USEPA

had

made

“base

text”

error,

but

received

response.

The

Board

has

traced

the

history

these

provisions,

and

determined

that

the proposed text

is

 correct.

 These cross

 refe”ences concern inspection

schedules

for

tank

systems.

The

tank

systems

rules

were

amended

Fed.

Peg.

 25472, July

14,

 1986.

 These were addr9ssed

 in R86-46,

at

which

 time the

Lross

references

were

corrected

US~Amod~a

tT:)t

e~~or ii

“~b~

X”

rules

adopted

Fea.

Peg.

46963,

Decembe”

10,

1987.

i~iesewe:e

inadvertently

omitted

~‘-omP87~9, and

adopted

R89-1.

that

Docket,

the

Boor~

Ove~iOc

~:e

‘~,

u

 o..~cdt.h~

 corr~e~

references.

.5~ ~ed.

Ci~,

~5D/~\

~s

 resto:~dthe cs

 references

109—350

-9-

adopted

with

the

tank

systems

rules.

Therefore,

the

rules

appear

correct

 as proposed in this Docket.

Section

703.225

This

Section

drawn

from

CFP

270.62(d)

(1988),

amended

Fed.

Peg.

4822.

This

Section

governs

trial

burns

existing

incinerators.

The

amendments

 add cross

 references

 to the exemptions

 in Section 703.205(a) for

incinerators

 burning waste which

is

 hazardous only because

it

is

 ignitable,

reactive or corrosive.

Section

 703.240

This

 new Section

 is drawn

 from 40 CFR

 270.29, which was

 added

at

54

 Fed.

Peg.

 9607.

 This authorizes

 the Agency

 to deny

a

 permit application only as

to

the active

 life of

 a facility or

 unit.

 The Agency would then

 issue

 a post-

closure care permit pursuant to Section 703.121(b).

Section 703.Appendix A

This Section

is

 drawn from 40 CFR 270.42, Appendix

I,

 as amended

at

54

Fed. Peg.

 9607.

 This

 is the three tier permit modification system,

 w:nich was

just adopted

in

 P89—i.

 The modifications specify the procedures

to

 be used

for several

 types

of

 permit modifications associated with management

 of waste

subject

 to landfill

 bans.

It

is

 generally possible

 to add treatment

 required

by the

 bans with

 a minimum of paperwork.

The amendments

 add item F(4) to

 the Appendix.

 There

 is already

an

unrelated item F(4).

 The Board

 has renumbered this to

 item F(S).

 The Board

solicited comment,

but

 received

no

 response.

The USEPA rule includes

 an apparent incorrect cross

 reference at item

H(5)(c).

 40 CFR

 “269.8” has

 been changed

to

 “268.8”.

(PC

4)

PART

720:

GENERAL

PROVISIONS

Section 720.111

This

the

incorporations

reference

Section.

There

are

amendments

at the federal

 level.

 The Board

 has updated the

 “abnormal”

 incorporations by

reference of federal

 regulations

to

 reference the 1989 edition.

The

1989

edition

includes

rules

adopted

through

June

30,

1989,

the

date

this

update.

The

Board

solicited

comnient,

but

received

response,

whether

there may be

 newer editions

 of the

 other

 items

 in the incorporations by

reference Section.

This

Section

was

amended

in~R89—2subsequent

the

proposal

this

Docket.

Under

the

heading

“USEPA”,

reference

was

added

Technical

Assistance

Document

Corrosion.

Section

720.122

109—35 1

-10—

This

Section

concerns

petitions

delist.

When

the

Board

adopted

this

Section,

referenced

CFR

260.22,

without

setting

forth

the

full

text.

This

now

authorized

Section

7.2(a)(5).

The

Board

has

continued

this

format,

but

has

updated

the

reference

include

the

recent

amendment

Fed. Reg.

 27116.

 The Board has added the

 formal

 incorporation by

 reference

language now required

 by the APA.

The

Board

believes

that

delisting

will

primarily

USEPA

function

least

 in the forseeable future,

 so that petitions

delist

will

directed

USEPA.

The

Board

sees

need

present

adopt

rule

setting

out

the

content

 of these

 petitions,

 absent USEPA clarification concerning the

initiation

and

resolution

delisting

petitions

the

State

level.

The

Board solicited comment,

but

 received

 no response,

as

 to whether

 it ought to

adopt

 the text concerning delisting petitions.

The main portion

 of the text of

Section

720.122

explains

how

the

delisting

procedure

fits

into

the

Illinois

program.

The

Board

has

adopted

changes.

These

provisions

are

authorized

under

Section

7.2(a)(3)

and

(5)

the Act.

PART 728:

 LANDFILL BANS

CFR

268.10

through

268.12

were

amended

Fed.

Reg.

8266,

18837

and

26647.

these

Sections

USEPA

sets

out

its

regulatory

agenda

for

implementing

the

hazardous

waste

bans,

required

the

HSWA

amendments

RCRA.

this

point

the

Board

has

not

adopted

State

equivalents,

since

these regulations

 apply only

 to USEPA.

For

 example, adopting the verbatim

text

would

create

Illinois

rule

which

USEPA

would

violate

failed

meet

 the HSWA deadlines

for

regulating

certain

categories

wastes.

most

points

the

text

the

USEPA

rules

the

references

take

the

following

form:

“The

following

wastes,

listed

Section

268.10,

268.11

and

268.12,

 are prohibited from land disposal: Numbers KOOl

...“

 The references

are

superfluous

for

several

reasons.

First,

the

wastes

are

fully

defined

the

numbers,

which

reference

the

definition

hazardous

waste

Part

261.

Second,

each

references

the

full

panoply

hazardous

waste,

without

adding

anything

the

specification.

For

these

references

the

Board

has

simply

omitted

the

references

Sections

268.11

seq.,

since

they

add

nothing

the

 rule.

 However, Section 728.134(h) includes

 a temporary rule for second

third

wastes.

the

adopted

rules,

the

Board

has

referenced

the

USEPA

list

CFR

268.11.

The

Board

solicited

comment,

but

received

response,

whether

ought

adopt

the

equivalent

these

Sections

insofar

they define the types

 of wastes subject

 to the

 ban dates.

Section

728.134

This

new

Section

contains

the

waste—specific

prohibitions

for

the

‘~econd

third wastes” under HSW~.

It

 is derived from 40 CFR

268.34,

which

was

added

 red. ke~ ~SC4’

109—352

—ii

—

The

Board

has

made

nuriber

editorial

“evi3ions

this

Section.

First, each subsection

 is worded

 as follows:

 “Effective A,

 the wastes

specified

CFR

261.BBB

Numbers

0,

E,

 etc.

 are prohibited

 from land

disposal.”

Tne

 rule

is

 much easier

to

 read,

 and edit,

 if the

 list

 (“C,

0,

E,

etc.”)

is

 broken out

as

 an alphanumeric list.

 However,

 this produces

a

hanging paragraph

 (“are prohibited

...“),

 which

 is prohibited

 by the Code

Unit.

 The Board has therefore generally worded these

 as follows:

 “Effective

A, the following wastes, specified

in

 40 CFR

 261.BBB,

 are prohibited from land

disposal:

 Numbers

C,

D,

E,

 etc.”

Second,

 the USEPA

 rules include

 a number

 of ~e1ayedeffective dates

and

temporary rules, which will already have been passed and expired before

the

Board

 rules

 are adopted.

 The Board

 has omitted

 tnese,

so

as

 to make the final

USEPA rules imediately effective

 in such cases.

Section 728.141

 (Not amended)

40 CFR 268.41 was amended

at

 54 Fed. Reg. 26647.

 However, the amendments

affect only

 the USEPA Table CCWE,

 which,

 pursuant

 to codification

requirements, appears

as

 Table A at

 the end

 of the Part.

Section

728.142

This Section

is

 drawn

 from 40 CFP 268.42, which was amended

at

 54 Fed.

Reg.

 26647.

 Section 728.142(a)(3) and

 (4) have been added

 to specify

treatment technologies for certain second third wastes.

40 CFP 268.42(a)(3)

 allows certain wastes

to

be

 burned

 in boilers

industrial

 furnaces

 “in accordance with applicable regulatory standards”.

This may

be

a

 reference to defined terms

in

 35 Ill.

 Adm. Code 720.110,

and

procedures

 and standards

in

 35 Ill.

 Adm. Code 720.132

 et seq

 arid 726.130

et

seq.

 in which case the reference needs

to

 be given

in

 the rule.

Alternatively,

 it may

be

 a broader reference,

 in which case

it

 may be

a

“piggy—back rule”,

 a rule of the form:

 “No pe”son

 shall

 violate Rule X”.

Piggy—back

 rules

 are of questionable validity,

 since they may

 not adequately

inform the

 public of what

is

 required.

 The Board

has

 used the

 above

references

 to the hazardous waste

 rules, and dropped the broader reference.

The Board solicited

 coninent, but received

 no response,

 on this matter.

Section 728.143

40 CFR 268.43 was amended

at

 54 Fed. Reg. 26647.

 Most of the amendments

affect Table CCW, which

 appears

 at the

 end of

 the Part

as

 Table B.

The

amendment which affects

 Section 728.143

is

 the addition of

a

 sampling rule at

the

 end of

 subsection

 (a).

The introduction (item 8)

 in the

 Federal Register refers

to

 addition

of

a

‘paragraph(b)

...

 to the subtable

 for No Land Disposal”.

 The text appears

to

be

 identical

 to the text which already

 exists

 in Section 728.143(b).

Section 728.Table A

 (CCWE)

This Table

is

 drawn

 from 40 CFR 268.41, Table CCWE, which was amended at

54 Fed. Peg.

 26647.

 The amendments

 add treatment standards,

as

 constituent

109—353

-12-

concentrations

 in the waste extract

 (CCWE),

for

 the second

 third wastes.

The entry

in

 the proposal

 for “F028 non-wastewaters”

 has been corrected

“K028

non-wastewaters.

(PC

Section

728.Table

(CCW)

This

Table

drawn

from

CFR

268.43,

Table

CCW,

which

was

amended

Fed.

Peg.

26647.

The

amendments

add

treatment

standards,

constituent

concentrations

the

waste

itself

(CCW),

for

the

second

third

wastes,

and

modify the standards for

 first third wastes.

In

 40 CFR 268.43,

 Table CCW,

 the subtable

 in the proposal

for

 “KO26 non—

wastewaters”

has

 been corrected to

 read “K028 non—wastewaters”.

(PC

4)

ifl 40 CFP

 268.43,

 Table CCW,

 the subtables

 for K028 wastewaters

 include

entries for

 “trans-1,2--Dichloroethane”.

 This

is

 incorrect,

 since ethane does

not

 have cis

 or trans

 forms.

 The Board

 has changed

 these apparent

typographical

 errors

 to “t”ans—l,2-Dichloroethene”, which

 does have

 a trans

form,

and

which

likely

constituent

K028.

“1,2—Dichloroetharie”

could

also be

 a K028 constituent.

 However,

 a single character typographical

 error

(“e” to “a”)

 is much more likely than insertion

of

a

 “trans’

 into

 the name.

The subtables for U028 include standards for “Bis-(2-ethylhexyl

phthalate”.

 U028

is

 listed

in

 40 CFR

 261.33

as

 “Diethylhexyl

 phthalate” and

as “1,2—Benzenedicarboxylic acid,

 bis(2—ethylhexyl)

 ester’.

 The name used

in

40 CFP 268.43

is

 an unsatisfacto”y hybrid

 of these names.

 The following

subtables use the snorter name for

similar

phthal ic

acid

esters.

The

Board

has therefore used “Diethylhexyl

 phthalate”

 in this entry.

 This makes

it

possible to

 cross-refe’-ence this entry

 to 40 CFR

 261.

 This also avoids

 having

to

 deal

 with more difficult questions, such as whether the

 hyphen

 is correct

after the “bis”,

 and whether

it

is

 proper to use the

 ‘bis”

 form in this

name.

The

 Board

 has corrected this entry

at

 several

 points

in

 the tables

adopted

 in P89-i.

The subtable for U235 includes

 an entry for “tris-(2,3—Dibromopropyl)

phosphate”.

In

 40 CFR

 261, USEPA follows the practice of capitalizing the

character by which

it

 alphabetizes the

 name.

 it’s not clear whether

it

is

more correct

 to capitalize the

 “t”

or

 “d’

 in this

 name.

 However,

 following

capitalization used

in

 40 CFR 261 makes

it

 a lot easier to

 find the

 names

in

the

 lists.

 The Board

 has therefore capitalized the

 “t”.

 The Board solicited

comment,

but

 received

 no response,

as

 to these changes.

Table B includes

 a subtable for

 “No Land Disposal”.

 This was amended

at

54 Fed. Peg.

 18837 and

 26647.

 There are

a

 number

 of ambiguities

 in these

Federal

 Registers.

The introduction

to

 item number

3

in

 54 Fed. Peg.

 18837 indicates that

Table CCW

is

 “amended

by

 revising

...

to

 read as follows’.

 Entries for K015

and KO83 are ui~itted.

Thi

 Eoc:mJ tak~cthi~to

 r;e.an t~atthey are to

be

deleted

from

the

list.

 Fo’~.~Ric. ~883 inciucac extensive

revisions

the

entries

for

 L004

and

K008.

however,

the

introauction

item

number

in

Fed.

Peg.

26541

109—354

-13—

says to

 remove the entries for K004 and

 K008.

 The Board

has

done

so.

The

Board

solicited

comment,

but

received

response,

whether

this

might

error.

As noted

in

 connection with Section 728.143,

 the introduction to item

number 8

in

 54 Fed. Peg.

26647

 includes an instruction

 to add

a

 “paragraph

(b)

to

 the subtable

 for No Land Disposal”.

 In the Board’s codified format,

paragraph

(b)

already

 exists

 in Section

 728.143,

 and applies equally

 to the

two subtables contained

 in Table

B.

CONVERSION

 TABLES

The

following

tables

convert

Illinois

Section

numbers

federal

Section

numbers,

 and vice versa.

 These tables

 include

 35 Ill. Adm. Code 702,

 703 and

704, and

 40 CFR

 144 and 270.

These

tables

include

Illinois

Sections

adopted

through

P89—9

(RCRA)

and

R89-2

(UIC).

For

RCRA,

this

includes

USEPA

amendments

through

June

30,

1989.

 For UIC, this includes USEPA amendments through December

31,

 1988.

IAC

STATE

TO

CRA

CFR

FEDERAL

 TABLE

UIC

40 CFR

702. 101

702. 103

702. 104

702.110

702.120

702.121

702. 122

702. 123

702. 124

702. 125

702. 126

702. 140

702.141

702. 142

702. 143

702. 144

702. 145

702. 146

702.147

702. 148

702. 149

702.150(a)

702.150(b)

702.150(c)

702. 151

702. 152

702. 160(a)

702. 160(b) (1)

702.160(b)(2)

270.1(a)

270.12

270.6

270.2

270. 10(a)

270. 10(b)

270.10(c)

270.13

270.10(d)

270.10(1)

270.51

270.

270.30

270.30(a)

270.30(b)

270.30(c)

270.30(d)

270. 30(e)

270.30(f)

270. 30(g)

270.30(h)

270.30(i)

270.30(j)(l

)

270.30(j )(2)

270.30(j)(3)

270.30(k)

270.30(1)

270.32 (a)

270.32(b)

270.32(c)

144.5

144.3

144.31(a)

144.31(b)

144.31(d)

144.31(e)

144.31(f)

144.37

144.32

144.52(c)

144.51 (a)

144.51(b)

144.51(c)

144.51 (d)

144.51(e)

144.51 (f)

144.51(g)

144.51(h)

144.51(1)

i44.51(j)(l

)

144.51(j )(2)(i

)

144.51(j)(3)

144.51(1)

 144.51(1)

144. 52 (a)

144.52(b)

144.52(b)

109—355

-14-

702. 160(b)(3)

702.160(c)

702. 161

702.

162

702. 163

702. 164

702. 181

702. 186

703. 121

703. 122

703. 123

703. 124

703. 125

703. 126

703. 141

703. 150

703.151

703. 152

703. 153

703. 154

703. 155

703.

156

703. 157

703. 158

703. 159

703. 160

703.181

703. 182

703.

183

703.184(c)

703.184(d)

703.184(e)

703. 185

703. 186

703. 187

703. 188

703. 201

703.202

703. 203

703.204

703. 205

703. 206

703. 207

703. 209

703.22 1

703. 222

703. 223

703.224

703.225

703. 230

703.231

703. 240

703.241(a)

270. 32(d)

270.32(e)

270.50

270.33(a)

270.33(b)

270.31

270.4

270.43

270.1(c)

270. 1(c) (1)

270.1(c)(2)

 270.1(c) (3)

270.10(h)

270.10(f)

270.60

270.10(e)

270.10(f)

270.10(g)

270. 70

270.71(a)

270. 72

270.71(b)

270.73

270.10(e) (5)

270.1(c) (4)

270.1(c) (5)

270.1(c) (6)

270.13

270.14(a)

270. 14(b)

270.14(b)(11)(iii

)

270.14(b)(11 )(iv)

270.14(b)

(

11)(v)

270.

14(c)

270.10(j)

270.14(d)

270.10(k)

270.15

270.16

270.17

270.18

270.19

270.20

270.21

270.23

270.61

270.62(a)

270.62(b)

270.62(c)

27CC 52(d)

270.63

270.65

270.29

270.32(b)

144.52(b)

144.52(c)

144. 36

144.53(a)

144. 53(b)

144.54

144.35

144.40

109—356

-15--

703. 242

703. 243

703. 244

703. 245

703. 246 (a)

703.246(b)

703.246(c)

703.247

703. 260

703.270

703.

271

703.272

703.273

703.280

703.281

703.282

703.

282

703.App

704. 101

704. 102

704. 103

704. 104

704.

104

704.

105

704.

106

704. 107

704. 121

704.

122

704.123(a)

704.123(b) (2)

704. 123 (b) (3)

704.123(b) (3)

704.

124

704. 141

704.141

704.142

704. 143

704. 144

704. 145

704. 146

704. 147

704.148

704.149

704.150

704. 151

704.161(a)

704.161(b)

704. 161(d)

704.161(e)

704.

162

704. 163

704. 164

704.181

(a)

704.181(b)

270.30(a)

270.30

( j

)

(2)

270.30(k)

270.30(k

)(6)

270.30(k) (7)

270.30(k) (8)

270. 30(k )(9)

270.30(1 )(2)

270.40

270.41

270.41 (a)

270.41(b)

270.41(c)

270.42(d)

270.42 (a)

270.42(b)

270.42(c)

270.42, App.

144.1(a)

144. 1(g)

144.1(g)

144. 1(g)

144.7(b)(1)

144.1(g)(1)

144.6

144.3

144.11

144. 12

144.7 (a)

144.7(b)(2)

144.7(b)(3)

144.7(c)

144.13

144.21

144.21(b)

144.23

144.21(a)

144.21(c)

144.23

144.24

144.25

144.26

144.27

144.28

144.1(h)

144.

31(a)

144.31(c)

144.31(g)

144.

31(e)

(

144.33

144.34

144.32(a)

144.51(a)

144. 51(j

)

(2) (ii)

(h)

I

109—357

-16-

704.181(c)

704.181 (d)

704.181(e)

704.181(f)

704.181(g)

704.182

7 04.183

704.184

704. 185

704.186

704. 187

704.188

704.189

704.190

704. 191

704. 192

704.193

704.201

704. 202

704.203

704. 210

704. 211

704.212

704.213

704. 214

704. 215

704.216

704.

217

704.218

704.219

704.220

704.

221

704.222

704. 230

704.240

704.260

704.261

704.262

704.263

704.264

144.51(m)

144.51(1 )(6)

144.51(n)

144.51(o)

144.51(p)

144.52(a)

144.52(a)

144.52(a)

144.52(a)

144. 52(a)

144.52(a)

144.52(a)

144.52(a)

144.52(a)

144. 52(a)

144.16

144.55

144.14(a)

144.14(b)

144.14(c)

144.60

144.61

144.62

144.63

144.63 (a)

144.63(b)

144.63(c)

144.63(d)

144.63(e)

144.63(f)

144.63(g)

144.63(h)

144.63(i)

144.64

144.

70

144.38

144.39

144.39(a),

(b)

144.39(c)

144.41

RCRA

CFR

270. 1(a)

270.1(c)

270.1(c) (1)

270. i(c)(2~

270.1(c)

(

270.1(c)

(4)

270.1(c) (5)

270.1(c)

(

6)

FEDERAL

 TO STATE

 CONVERSION TABLE:

 RCRA

35 IAC

702. 101

703. 121

703. 122

703.12

703.

124

703. 158

703. 159

703. 160

109—358

—17—

270.2

270.4

270.6

270.

 10(a)

270. 10(b)

270.10(c)

270.10(d)

270.10(e)

270.10

(e)

(

5)

270.10(f)

270.10(f)

270. 10

(

g.)

270.

 10(h)

270.10(j)

270.10(k)

270.10(1)

270. 11

270.12

270. 13

270.13

270. 14(a)

270.14(b)

270.14(b)(11)(iii

)

270.14(b)(11)(iv)

270.14(b)

(

11) (v)

270.14(c)

270. 14(d)

270.15

270.

270.17

270.

270.19

270. 20

270.21

270.23

270.29

270.30

270.30(a)

270.30(b)

270.30(c)

270.30(d)

270.30(e)

270.30(f)

270.30(g)

270.30(h)

 270.30(i)

270.30(j)(2)

270.30(j) (2)

270.30(j)(3)

270.30(j )(l)

270.30(k)

270. 30(k)

270.30(k

)(6)

702.

110

702. 181

702. 104

702. 120

702. 121

702. 122

702.

123

703.150

703. 157

703.151

703. 126

703. 152

703.125

703. 186

703.188

702. 124

702.

126

702. 103

703.181

702.

123

703.182

703. 183

703.184(c)

703.184(d)

703. 184(e)

703.185

703. 187

703.201

703.

202

703.203

703.204

703. 205

703. 206

703.207

703.209

703.240

702.

140

70 3.242

702. 141

702. 142

702. 143

702. 144

702. 145

702. 146

702. 147

702. 148

702. 149

703. 243

702.150(b)

702. 150(c)

702. 150(a)

703. 244

702.

151

703. 245

109— 359

-18-

270.30(k)(7)

270.30 (k

)

(8)

270.30(k)(9)

270.30(1)

270.30(1 )(2)

270.31

270. 32 (a)

270.32(b)

270.32(b)

270.32(c)

270.32(d)

270.32(e)

270.33 (a)

270.33(b)

270.40

270.41

270.41(a)

270.41(b)

270.41(c)

270.42(a)

270.42(b)

270.42(c)

270.42(d)

—

(h)

270.42, App.

I

270.43

270.50

270. 51

270.60

270.61

270.

 62 (a)

270.62(b)

270.62(c)

270.62(d)

270.63

270.65

270.70

270.71 (a)

270.71(b)

270. 72

270.73

U1C

40 CFR

144. 1(a)

144.1(b)

144. 1(c)

144. 1(d)

144.1(e)

144.1(f)

144. 1(g)

144.1(g)

703.246 (a)

703.246(b)

703. 246(c)

702.152

703. 247

702. 164

702. 160(a)

703.241(a)

702.160(b) (1)

702. 160(b)

(

2)

702. 160(b)

(

3)

702.160(c)

702. 162

702.163

703.260

703.

270

703.271

703.272

 703.273

703.281

703.282

703.282

703. 280

703.App

A

702. 186

702.161

702.125

703.141

7 03.221

703.222

703. 223

703.

224

703. 225

703.230

703.231

703.153

703.154

703.156

703. 155

703. 157

35 IAC

704.101

fed

fed

fed

fed

fed

704.

102

704.103

FEDERAL TO STATE CONVERSION TABLE:

UIC

109—360

-19—

144.1(g)

144.1(g)(1)

144.1(h)

144.2

144

3

144.3

144.4

144.5

144.6

144. 7 (a)

144.7(b)(1)

144.7 (b) (2)

144.7(b) (3)

144. 7(c)

144.8

144.11

144.12

144.13

144. 14(a)

144.14(b)

144. 14(c)

144.15

144.16

144.21

144.21(a)

144.21(b)

144. 21 (c)

144.22

144.23

144.23

144.24

144.25

144.26

144.27

144.28

144.31 (a)

144.31(a)

144.31 (b)

144. 31(c)

 144.31(d)

144.31(e)

144.31(e)(9)

144.31(f)

144. 31(g)

144.32

144.32(a)

144.33

144.34

144.35

144.36

144.37

144.38

144.39

144.39(a),

(b)

704. 104

704.105

704.151

fed

704.107

702.

110

fed

702.103

704. 106

704.123(a)

704.104

704. 123(b) (2)

704. 123(b) (3)

704.123 (b

)

(3)

fed

704.

121

704. 122

704.124

704.201

704.202

704.203

fed

704.192

704. 141

704.143

704.141

704.

144

fed

704.145

704.142

704. 146

704.147

704. 148

704.149

704. 150

704.161 (a)

702. 120

702. 121

704.161(b)

702. 122

702. 123

704. 161(e)

702.124

704.161(d)

702. 126

704.164

704. 162

704.

163

702.181

702.

161

702.125

704.260

704.

261

704.262

109—361

-20-

144.39(c)

144.40

144.41

144.51 (a)

144. 51(a)

144.51(b)

144. 51(c)

144.51 (d)

144. 51(e)

144.51(f)

144.51(g)

144.51(h)

144.51(1)

144.51(j) (2) (1)

144. 51(j )(2)(ii)

144.51(j)(3)

144.51(j )(l

144.51(1)

144.51(1)

144.51(1 )(6)

144.51(m)

144.51 (n)

144.51(o)

144.51(p)

144.52(a)

144.52(a)

144.52(a)

144.52(a)

144. 52 (a)

144.52(a)

144. 52 (a)

144.52(a)

144. 52 (a)

144. 52 (a)

144.52(a)

144.52(b)

144.52(b)

144.52(b)

144.52(c)

144.52(c)

144. 53 (a)

144.53(b)

144. 54

144.55

144.60

144.61

144.62

144.63

144. 63(a)

144.63(b)

144.63(c)

144.63(d)

144.63(e)

144.63(f)

704. 263

702. 186

704.264

704.181(a)

702. 141

702.142

702.143

702. 144

702. 145

702.146

702. 147

702.148

702. 149

702.150(b)

704.:81(b)

702.150(c)

702.150(a)

702. 151

702.152

704.181(d)

704. 181 (c)

 704.181(e)

704. 181(f)

704. 181(g)

704.182

704.183

704. 184

704.185

704.186

704.187

704.188

704.189

704. 190

704. 191

702. 160(a)

702.

160(b)

(1)

702.

160(b) (2)

7O2.160(b)(3)

702. 160(c)

702. 140

702. 162

702. 163

702.164

704. 193

704.210

704.211

704.212

704.213

704. 214

704.215

704.216

704.217

704. 218

704. 219

109—36

—21—

144.63(g)

 704.220

144.63(h)

 704.221

144.63(i)

 704.222

144.64

 704.230

144.65

fed

144.66

fed

144.70

 704.240

This Opinion supports

 the Board’s Order

of

 this same day.

 The Board will

wait 30 days before

 filing the adopted

 rules with the Administrative Code

Division,

 in order

 to allow time for motions for reconsideration

 by the

agencies involved in the authorization process.

I, Dorothy M.

 Gunn, Clerk

 of the Illinois Pollution Control

 Board,

 hereby

certify that

 the above Opinion was adopted

 on the

 day of

~‘~?

1990,

by

 a vote of

7—Ô.

Dorothy

 M. G~, Clerk

Illinois Polution

 Control Board

109— 363