ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    IN THE
    MATTER OF:
    )
    )
    RCRA
    UPDATE, USEPA REGULATIONS
    )
    R91-13
    (1/1/91
    —
    6/30/91)
    )
    (Identical in Substance
    )
    Rules)
    EXTENSION OF TINE
    ORDER OF~THE BOARD
    (by J.
    Anderson):
    The Board entered a Proposed Opinion and Order
    in this RCRA
    Update Docket on December 19, 1991.
    The proposed rules will appear
    in the Illinois Register on approximately January 17,
    1992.
    Section
    22.4(a)
    of
    the
    Environmental Protection Act
    (Act)
    requires the Board to
    adopt regulations which are
    identical
    in
    substance to federal regulations promulgated by USEPA to implement
    the Federal Resource Conservation and Recovery Act.
    Section 7.2(b)
    of the Act requires that
    identical
    in substance rulemakings
    be
    completed within one year after the first USEPA action in any six
    month batch period.
    If the Board is unable to do so it must find
    •that an “extension of time”
    is necessary,
    give the reasons why the
    one year period is insufficient for completion of the rulemaking,
    publish the
    finding
    and
    reasons
    in
    the
    Illinois
    Register
    and
    specify
    a
    date
    when
    the
    Board
    anticipates
    completion
    of
    the
    rulemaking.
    The Board hereby finds that an extension of time is needed.
    March
    26,
    1992 is the anticipated completion date and the reasons
    are as follows:
    This Docket, R91—13, included a substantial body of new text,
    and
    a complete overhaul of the “third third”
    land disposal bans.
    To develop
    a Proposal
    efficiently,
    the Board needed the text
    of
    these USEPA rules
    in an electronic format.
    USEPA provided this.
    However,
    the request was made at
    a time during which USEPA was
    upgrading its data transmission abilities.
    Although the text the
    Board
    finally
    received
    was
    of
    excellent
    quality,
    it
    was
    not
    received until rather late.
    The “third third” corrections comprise some 240 pages of text
    in the Board’s format.
    The Federal Register on which this was
    based simply reprinted most of the USEPA rules, without presenting
    the corrections in a “strike and underline” format.
    Staff had to
    devote several weeks, prior to receipt of the electronic text,
    to
    extensive cross-reading of the texts to identify the chancies.
    129—147
    2
    Also,
    R9l-3,
    the SDWA Update for the period 7/1/90 through
    1/31/91
    also was being processed.
    It
    is
    subject to
    a
    similar
    mandate to adopt identical
    in substance rules.
    The Board staff
    invested a substantial amount of time attempting to develop a Board
    proposal from USEPA rules,
    as is discussed in the Board’s Order of
    this same day in R91-3.
    The time spent in attemptinci to do so has
    resulted in delays in other rulemakings.
    Pursuant to Section 7.2(b)
    of the Act,
    this Order will
    be
    published expeditiously in the Illinois Register.
    IT IS SO ORD~RED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer
    y that the above Order was adopted on the
    day of
    ________________,
    1992, by a vote of
    C
    ~Dorothy N. 91~nn, Clerk
    Illinois Pdl’lution Control Board
    129—148

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