ILLINOIS POLLUTION CONTROL BOARD

July

11, 1986

IN THE MATTER OF:

)

RCRA UPDATE,

USEPA REGULATIONS

)

R86—1

(7/1/85 THROUGH 1/31/86)

)

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 regulations.

On January 9, 1986 the Board opened this docket for

the

purpose of updating the RCRA rules

to agree with recent USEPA

amendments.

Section 22.4(a)

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.

Neither Title VII of

the

Act nor Section

5 of

the Administrative Procedure Act applies

to

rules adopted under Section 22.4(a).

Because this rulemaking

is

not subject to Section

5 of the Administrative Procedure Act,

it

is not subject

to review by the Joint Committee on Administrative

Rules

(JCAR).

The federal RCRA regulations are found at 40 CFR

260 through 270,

and 280.

This rulemaking updates Illinois’ RCRA

rules to correspond with United States Environmental Protection

Agency

(USEPA) amendments adopted from July 1,

1986, through

January 31, 1986.

The Federal Registers utilized are as

follows:

50 Fed. Reg. 28742,

July

15, 1985

50 Fed.

Reg.

33542,

August 20,

1985

50 Fed.

Reg.

34692,

August 27, 1985

50 Fed. Reg. 37370,

September 13,

1985

50 Fed. Reg.

42942,

October

23, 1985

50 Fed. Reg. 48910,

November 27, 1985

50 Fed. Reg. 49202,

November

29,

1985

50 Fed. Reg. 53319,

December

31,

1985

*

The Board appreciates the assistances

of Morton Dorothy,

a

member of the Board’s Scientific/Technical

staff,

in the

preparation of the drafts

in this proceeding, and of Kathleen

Crowley, administrative assistant,

in the coordination and

oversight process.

71.110

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—2—

51

Fed. Reg.

1254,

January 10, 1986

51

Fed. Reg.

2702,

January 21, 1986

PUBLIC COMMENTS

The proposal appeared on May 23,

1986,

at 10 Ill. Reg.

8256.

The Board received the following public comment:

PC#1

USEPA, June 6,

1986

PC#2

Illinois Environmental Protection Agency

(Agency), July 9, 1986

On July 1,

1986,

the Board received codifiction comments

from the Administrative Code Unit.

HISTORY OF RCRA and UIC ADOPTION

The Illinois RCRA and UIC

(Underground Injection Control)

rules,

together with more stringent state

rules 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 Standards

724

Final TSD Standards

725

Interim Status TSD Standards

726

Specific Wastes and Management Facilities

729

Landfills:

Prohibited Wastes

730

UIC Operating Requirements

731

Underground Storage Tanks

Special procedures for RCRA cases are included in Parts 102,

103, 104 and

106..

Adoption of these rules has proceeded

in several stages.

The Phase

I RCRA rules were adopted and amended as follows:

R81—22

45 PCB 317, February 4,

1982,

6 Ill. Reg.

4828, April

23,

1982.

R82—l8

51 PCB

31, January 13,

1983,

7

Ill. Reg.

2518, March

4, 1983.

Illinois received Phase

I interim authorization on May

17,

1982

(47 Fed. Reg. 21043).

The UIC rules were adopted as follows:

71-111

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—3—

R8l—32

47 PCB 93, May 13, 1982;

6 Ill.

Reg.

12479,

October

15,

1982.

The UIC rules were amended

in R82—l8, which

is referenced

above.

The UIC rules were also amended

in 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 recently updated the UIC rules:

R85—23

June 20 and July 11, 1986

The Board has opened docket R86—27

to update the UIC rules

from July 1, 1985 through June

30,

1986.

The Phase

II RCRA rules included adoption of Parts 703 and

724, which established

the permit program and final TSD

standards.

The Phase

II rules were adopted and amended as

follows:

R82—19

53 PCB 131,

July 26, 1983,

7

Ill. Reg.

13999,

October

28, 1983.

R83—24

55 PCB 31, December 15,

1983,

8

Ill. Reg.

200,

January 6,

1984.

On September

6, 1984,

the Third District Appellate Court

upheld the Board’s actions

in adopting R82—l9 and R83—24.

(Commonwealth Edison et

al.

v.

IPCB, 127 Ill.

App. 3d

446;

468 NE

2TflT9).

—

The Board updated the

RCRA

rules

to correspond with USEPA

amendments

in two dockets:

R84—9

June

13,

1985;

9

Ill. Reg.

11964, effective July

24, 1985.

R85—22

December

20, 1985 and January 9, 1986;

10

Ill. Reg.

968, effective January 2, 1986.

Illinois received final authorization for the RCRA program

effective January 31, 1986.

The Board has opened docket R86—19

to update

the RCRA rules from February

1 through March 31,

1986,

and docket R86—28

to update from April

1 through June 30, 1986.

The Board

added

to the federal listings of hazardous waste

by listing dioxins pursuant

to Section 22..4(d)

of the Act:

R84—34

61 PCB 247, November

21,

1984;

8

Ill. Reg.

24562,

effective

December

11,

1984.

71.112

---

—4—

This was effectively repealed by R85—22, which included

adoption of USEPA’s dioxin listings.

The Board adopted procedures

to be followed

in cases before

it involving the RCRA rules:

R84—l0

62 PCB 87 and 349,

December 20,

1984

and January

10,

1985;

9

Ill. Reg 1409,

effective January 16,

1985.

The Board also adopted in Part 106 special procedures

to be

followed in certain determinations.

Part 106 was adopted in R85—

22,

which

is listed above.

The Board also adopted requirements limiting and restricting

the landfilling of

liquid hazardous waste and hazardous wastes

containing

halogenated compounds:

R8l—25

60 PCB 381,

October

25, 1984;

8

Ill.

Reg. 24124,

December

4,

1984;

R83—28

February 26, 1986;

10

Ill. Reg.

4875,

effective

March

7,

1986.

The Board has opened two new dockets dealing with

restrictions on landfilling liquid hazardous waste.

R86—9

concerns

implementation of Section 39(h)

of the Act, while R86—ll

concerns the relationship of the liquid hazardous waste ban

to

the USEPA liquid hazardous waste bans.

(Orders of February 26

and June 11, 1986).

CORRESPONDENCE TABLES

The

RCRA

and UIC programs were originally derived from 40

CFR 122, which also included

the NPDES and other major federal

programs.

The Board adopted the programs as Parts 702, 703 and

704.

Part 702 included material

in common between the RCRA and

UIC programs; while Parts

703 and 704 included, respectively,

specific RCRA and UIC material.

A major

reason

for structuring

the rules

in this manner was

to aid

in future comparison with the

federal rules.

However, USEPA has now deconsolidated its permit

rules, placing the UIC program in

40 CFR 144 and the RCRA program

in 40 CFR 270.

This has made

it very difficult

to compare the

Board’s rules with USEPA’s rules.

The Board will therefore place

correspondence tables into this Opinion to aid future review of

these

rules.

The correspondence tables represent the rulesas amended by

this action,

which involves some renumbering and additions

to the

existing language.

71-113

---

—5—

There are two tables:

one

to find the source of an Illinois

Section,

the other

to find the disposition of a USEPA

provision.

A reference to 40 CFR 144

(UIC)

is included for rules

which are in common between the

RCRA

and UIC program

Th~conversion table from the Illinois Administrative Code

to the CFR is as follows:

TABLE

1

35 Ill. Adm.

40 CFR

(RCRA)

Code

40 CFR (UIC)

702.103

702.104

702.110

702.120

702.121

702.122

702.123

702.124

702.125

702.126

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)

702.160(b)(3)

702.160(c)

702.161

702.162

702. 163

702.164

702.181

702.182

702.183

702.184

270.12

270.6

270.2

270.10(a)

270.10(b)

270.10(c)

270.10(d)

270.10(i)

270.51

270.11

270.32

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)

270.32(d)

270.32(e)

270.50

270.33(a)

270.33(b)

270.31

270.4

270.40

270.41

270.41

144.5

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(i)

144.51(j) (1)

144.51(j) (2) (1)

144.5l(j )(3)

144.51(k)

144.51(1)

144.52(a)

144 .52(b)

144.52(b)

144.52(b)

144.51

144.36

144.53 (a)

144.53(b)

144.54

144.35

144.38

144.39

144.39

71-114

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—6—

702.185

702.186

702.187

702.241(b)

270.41(c)

270.43

270.42

270.32

144 .39(c)

144.40

144.41

703.123

703.124

703. 125

703.126

703.127

703.140

703.141

703.150

703.151

703.152

703. 153

703.154

703.155

703.156

703.157

703.157

703.158

703.180

703.181

703.182

703.183

703.184

703.185

703.186

703.200

703.201

703.202

703.203

703.204

703.205

703.206

703.207

703.221

703.222

703.223

703.224

703.225

703.230

703.231

703.241(a)

703.242

703.243

703.244

703.245

703.246 (a)

703.246(b)

703.246(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)

270.10 (e

)

( 5)

270.73

270.1(c) (4)

270.13

270.14(a)

270.14(b)

270 .14(b)

( 11)

270.14(c)

270.10(j)

270.15

270.16

270.17

270.18

270.19

270.20

270.21

270.61

270. 62 (a)

270.62(b)

270.62(c)

270.62(d)

270.63

270.65

270.32(b)

270.30(a)

270.30(j )(2)

270.30(k)

270

.

30

( 1) (6)

270.30(1) (7)

270.30 (1)

( 8)

270.30(1) (9)

71-115

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—7—

TABLE

2

40 CFR

(RCRA)

35 Ill. Adm. Code

40 CFR

(UIC)

270.l(c)(l)

270.1(c)(2)

270.1(c)

(3)

270.1(c) (4)

270.2

270.3

270.4

270.5

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(i)

270.10(j)

270.11

270.12

270.13

270.14(a)

270.14(b)

270

.

14

( b) ( 11)

270.14(c)

270.15

270.16

270.17

270.18

270.19

270.20

270.21

270.30

270.30(a)

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 )(1)

270.30(j) (2)

270.30(j )(2)

270.30(j) (3)

703.123

703.124

703.125

703.158

702.110

702.181

702.104

702.120

702.121

702.122

702.123

703.150

703.157

703.127

703.151

703.152

703.126

702.124

703.186

702. 126

702.103

703.181

703.182

703.183

703.184

703.185

703.201

703.202

703.203

703.204

703.205

703.206

703.207

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)

703.243

702.150(c)

702. 151

144.35

144.31(a)

144.31(b)

144.31(d)

144.31(e)

144.41(f)

144.5

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(i)

144.51(j) (3)

71-116

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—8—

270.30(k)

270.30(k)

270.30(1)

702.244

703.244

702.152

270.30(l)(6)

270.30(1) (7)

270.30(1)

(8)

270.30(1) (9)

270.31

270.32

270.32

270.32(a)

270.32(a)

270.32(b)

270.32(c)

270.32(d)

270.32(e)

270.33(a)

270.33(b)

270.40

270.41

270.41

270.41(c)

270.42

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

703.245

703.246(a)

703.246(b)

703.246(c)

702. 164

702.126

702.241(b)

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

702.182

702. 183

702.184

702. 185

702.187

702.186

702.161

702.125

703.141

703.221

703.222

703.223

703.224

703. 225

703.230

703.

231

703.153

7 03.154

703. 156

703.155

703. 157

144.54

144.32

144.52(a)

144.52(b)

144.52(b)

144.52(b)

144.51

144.53(a)

144.53(b)

144.38

144.39

144.39

144.39(c)

144 .41

144.40

144.36

144.37

Section 702.120

DETAILED DISCUSSION

This Section

is drawn from 40 CFR 144.31(a) and 270.10(a).

The

RCRA

provision was amended at 50 Fed. Reg.

28742

to add a

reference to new language,

found at Section 703.231, concerning

experimental permits.

Section 702.122

This Section

is drawn from 40 CFR 144.31(d) and 270.10(c).

The RCRA language was amended at 50 Fed. Reg.

28742

to change

144.51(k)

144.51(1)

71.117

---

—9—

existing language

on completeness.

Failure to submit the

exposure

information,

found at Section 703.186, does not render

the Part

B application incomplete.

The Board has retained a reference to the completeness

review process of Section 705.122, even though the comparable

federal reference has been dropped.

Also,

the existing federal

language contains

a reference

to applications for permits

by rule

which

is unnecessary,

and which the Board will not add

to this

Section

-

Section 702.150

(not amended)

This Section

is drawn from 40 CFR 144.51(j) and 270.30(j).

The RCRA provision was amended at 50 Fed. Reg.

28742.

The Board

will address this amendment below in connection with the related

Section 703.243.

Section 702.150(b) contained RCRA—only

language which the

Board recently amended in R85—23,

in order to remove

it from the

UIC program.

Section 702.160

This Section

is drawn from 40 CFR 144.51, 144.52 and

270.32.

The RCRA provision was amended at

50 Fed. Reg. 28742.

These

amendments will be dealt with

in connection with the

related Section 703.241, below.

This Section was amended

in R85—23, which has not yet been

filed or published

in the Illinois Register.

The base text for

this Section which appears in the Order has been modified to

reflect the amendments already adopted in R85—23.

In the event

R85—23 and R86—1

are ready for publication

in the Illinois

Register at the same time,

a combined version of these actions

will

be prepared for publication.

Section 702.161

This Section

is drawn from 40 CFR 144.36 and 270.50.

The

RCRA provision was amended at 50 Fed. Reg.

28742

to add a

requirement

for

a review of RCRA permits for land disposal every

five years.

This has been added as Section 702.161(d).

The

paragraphs have been relettered so they will more closely

parallel Section 270.50.

Section 702.184

This Section

is drawn from 40 CFR 144.39 and 270.41.

The

RCRA provision was amended at

50 Fed. Reg.

28742

to make the

5

year

review of land disposal permits

a cause for modification,

and

to provide for modification

to assure compliance with new

regulations.

The new language is

in Section 702.184(a)(6).

The

71-118

---

—10—

paragraphs have been relettered to more closely parallel Section

270.41.

In R85—23

the Agency noted that the Board had eliminated the

“revoke and reissue” mechanism from Section 702.182,

but had

retained

it in Section 702.182.

Because

this Section had been

proposed for amendment in R86—1, but not R85—23, the Board

deferred action on the comment to this docket.

For the reasons

outlined in the June 20,

1986, Opinion in R85—23,

the Board has

changed the name of this mechanism to “reissuance,” but has

retained the mechanism.

This affects the introductory language

to paragraphs

(a)

and

(b)

as

renumbered.

Section 703.141

This Section

is drawn from 40 CFR 270.60, which was amended

at 50 Fed. Reg. 28742.

Sections 703.141(b)(3) and

703.141(c)(3)(G) add references to Section 724.201

to the

conditions

for authorization by rule

for holders of UIC and NPDES

permits.

Section 703.150

This Section

is drawn from 40 CFR 270.10(e),

which was

amended at 50 Fed. Reg.

28742

to specify application dates for

facilities which

came under

the RCRA program because

of

regulatory or statutory modification, and

to reference new

application dates which are found in Section 703.157 below.

Section 270.l0(e)(5) was adopted by the Board as Section

703.157(b),

instead

of

in this Section.

The Board has added

Section 703.150(e)

to reference Section 703.157(b).

Section 703.151

This Section

is drawn from 40 CFR 270.10(f), which was

amended at 50 Fed. Reg.

28742.

Existing Section 703.151(c)

authorized construction, pursuant to

a Part A application,

of

certain facilities for which no standards exist.

This has been

replaced with a provision allowing only construction

of PCB

incinerators approved under TSCA without a Part B application.

Section 703.153

This Section

is drawn from 40 CFR 270.70, which was amended

at

50 Fed. Reg. 28742.

The amendments extend interim status to

facilities which fall under

the permit requirement because of

statutory or regulatory changes,

and denies interim status

to

facilities which have previously lost interim status.

The Board

has relettered this Section

to more closely conform with Section

270.70.

71-1 19

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—11—

Section 703.157

This Section

is drawn from 40 CFR 270.73, which was amended

at

50 Fed. Reg.

28742

to add specific dates for termination of

interim status unless

a Part B application

is received.

Land

disposal facilities must submit applications by November

8, 1985

or within 12 months after becoming subject to the permit

requirement, and certify that they are in compliance with

groundwater monitoring and financial assurance requirements.

The

Board has adopted this retroactive date, which was contained in

the corresponding USEPA rule.

Incinerator operators must submit

applications by November

8,

1986,

and all others by November

8,

1988.

Section 703.157(b)

is drawn from Section 270.10(e)(5).

As

discussed

above in connection with Section 703.150(e),

the Board

has added

a cross reference

to this Section.

When this Section

was originally adopted, there was an error

in the

federal

regulation

(R82—19, July

26, 1983,

53 PCB 131, 160).

Also,

the

Board clarified an ambiguous reference

to the procedures for

permit issuance.

The result of

this

is that the federal rules

will contain the standard

in one section and a reference in the

other, while

the Board

rules will be the opposite.

However,

there

is no substantive difference.

Section 703.182

This Section contains a menu summarizing

the Part

B

application,

the contents of which have been broken into several

Sections.

Paragraph

(d) has been added

to reflect new Section

703.186, discussed below.

Section 703.186

This new Section

is drawn from 40 CFR 270.10(j), which was

added at

50 Fed.

Reg.

28742.

It requires operators of surface

impoundments and landfills to

include information on the

potential exposure of the public

to hazardous constituents.

In

the federal regulations

it

is placed with the general application

requirements such as signature requirements.

This placement is

awkward

in the Board

rules since

it would result

in a RCRA—

specific rule in Part 702.

The Board has therefore placed this

provision with the general

information requirements for the Part

B application, making

it parallel to the groundwater protection

information requirement.

Due to

a typographical error, paragraphs

(a)(2)

and

(3)

were

combined

in the proposal. This has been corrected.

(PC#2)..

Section 703.203

This Section is drawn from 40 CFR 270.17,

which was amended

at 50 Fed.

Reg. 28742.

Paragraph

(c) has been deleted and the

paragraphs relettered.

Paragraph

(c) required an engineering

71-120

---

—12—

report

for persons seeking an exemption from groundwater

monitoring requirements for a surface impoundment.

The exemption

is repealed below.

Section 703.204

This Section

is drawn from 40 CFR 270.18, which was amended

at 50 Fed. Reg.

28742.

Paragraph

(d) has been deleted,

and

relettered paragraph

(d) amended,

to remove the provisions

relating

to exemption from groundwater monitoring for waste

piles.

A reference

to the new procedures

of Section

724.190(b)(2) has been added

to paragraph

(b).

Section 703.207

This Section

is drawn from 40 CFR 270.21, which was amended

at 50 Fed. Reg. 28742 to insert the May 8, 1985 date for the

federal restriction on landfilling liquids.

The Board will not

adopt this amendment for the reasons discussed in connection with

Section 724.414, below.

Section 703.231

This new Section

is drawn from 40 CFR

270.65, which was

added

at

50 Fed. Reg.

28742,

to add a procedure for research and

demonstration permits,

not to exceed

one year.

Paragraph

(c)

of

the USEPA rule allows USEPA

to “order an immediate termination of

all operations” as necessary to protect human health

and the

environment.

The Board has implemented

this Section by allowing

the Agency

to take action pursuant

to the provisions of Section

34

of

the Act.

The Agency

is not certain that referencing Section 34 of the

Act is appropriate because that section appears to require a

finding of

an emergency condition, whereas the federal rule

Section 270.65 does not contain such

a requirement.

The Agency

also noted

that Section

34 also appears

to authorize only the

sealing of the site, whereas the

federal rule Section 270.65 does

not appear to

be so limited.

(PC#2)

The USEPA did not comment on

this aspect of the proposal.

Keeping

in mind that this section authorizes fast

track,

short term, permits

to test innovative technologies and

experimental processes,

a situation may arise where

a permit

conditions,no longer assure protection of human health or the

environment.

In this context, such

a situation can indeed be

construed as akin to an episode or emergency condition pursuant

to Section 34, particularly when viewed in conjunction with

the

Board’s “identical substance” mandate in Section 22.4.

In a

similar manner,

when the power

to seal

is

exercised,

it effects

a

termination of operations by precluding lawful operations.

The

Board

finds that its utilization of Section 34

is appropriate

to

fulfill

its mandate

in Section 22.4.

71-12 1

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—13—

Section 703.241

This Section

is drawn from 40 CFR 270.32(b),

which was

amended at 50 Fed.

Reg.

28742.

The amendments are reflected in

new Section 703.24l(a)(2), which requires that RCRA permits

contain terms and conditions which

the Agency determines to be

necessary to protect human health

and the environment.

Also,

Part

726 has been added as a source of conditions in

RCRA

permits.

As suggested by the Agency,

the Board has

referenced Section

39(d)

of the Act as the authority for issuance of RCRA permits,

instead of Section 21(f) which requires the permit.

(PC#2).

Section 703.241(b)

is

a grouping Section which no longer has

a counterpart

in the federal rules.

However,

it remains

necessary under

the Board’s codification

of the rules.

Section 703.243

This Section

is drawn from 40 CFR 270.30(j)(2), which was

amended at 50 Fed. Reg.

28742.

This Section adds,

for

RCRA,

to

the list of records which must be maintained under Section

702.150.

The operator must maintain,

for

3 years, the waste

minimization certification required under Section 724.173, which

is discussed below.

When

read in conjunction with Section 702.150 this Section

is equivalent to 40 CFR 270.30(j)(2).

(PC#2).

Section 720.122

As adopted

in R81—22

(February 4, 1982,

45 PCB 317,

345),

this Section incorporated

40 CFR 260.22 by reference instead of

setting forth

the details of the waste delisting process.

The

Section mainly concerns how the delisting process fits into the

Illinois regulatory scheme.

Three delisting petitions have come before the Board

(R85—2,

R86—5, R86—6).

R85—2 was adopted following USEPA action.

(April

24, 1986;

10 Ill.

Reg. 8112,

effective May 2, 1986).

R86—6 was

dismissed at the request of the petitioner.

(March 14, 1986).

R86—5

is still pending.

(PC#2).

USEPA has modified 40 CFR 260.22 at

50 Fed.

Reg.

28742, to

require

a demonstration that a generic hazardous waste has no

hazardous characteristics,

in addition

to

a showing that it does

not have the characteristic which caused

it

to be listed.

The

Board has updated the incorporation.

Because the Board’s review

of delisting petitions

is presently subsequent

to USEPA’s review

of the same petition,

the Board

sees no need to adopt the actual

text at the present time.

The Board will continue

to incorporate

the USEPA rules

by reference, and

to require

a copy

of the

delisting petition which is provided

to USEPA.

71-122

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—14—

The Board has adopted

a number of changes

to the text of

Section 720.122.

The first

is to Section 720.122(b).

With no

final resolution of the question of its delisting authority,

the

Board has modified this provision to state

its present

practice:

the Board will determine whether

it has authority to

delist on a case—by—case basis with each petition filed.

The second change

is

to paragraph

(c).

The Board has added

a phrase

to make

it clear that the Agency’s determination that a

waste

is not hazardous

is

to be based on the Board’s regulatory

definition of “hazardous”.

The

third change

is

to Section 720.122(d).

The Board will

not automatically adopt site—specific delistings

as they appear

in the Federal Register.

Some person will have to petition the

Board to adopt the delisting,

and demonstrate some need for

adoption of

the delisting in Illinois.

There

is no need

to adopt

delistings for wastes which are not generated or managed in

Illinois.

(PC#2).

The fourth change

is

to paragraph

(f).

This recognizes that

USEPA will administer

the

RCRA

Program in some states,

such as

Iowa.

Section 721.102

This Section

is drawn from 40 CFR 261.2, which was amended

at 50 Fed. Reg.

33542

to clarify the definition of solid waste.

Section 721.103

This Section

is drawn from 40 CFR 261.3, which was amended

at 50 Fed. Reg.

49202

to add a cross reference establishing new

exclusions

for recyclable materials.

Section 721.104

This Section

is drawn from 40 CFR 261.4, which was amended

at 50 Fed. Reg.

28742

to clarify the exclusion for household

waste.

Section 721.105

This Section

is drawn from 40 CFR 261.5, which was amended

at 50 Fed. Reg. 28742 and 49202.

These amendments modify the

requirements for small quality generators.

Paragraphs

(f)(3),

(g)(3) and

(h)(4), set forth licensing

requirements for

facilities which receive hazardous waste from

small quantity generators.

If the facility is

in Illinois,

it

would have to be permitted under Part 807, with

a supplemental

wastestream permit issued under

that Part.

The waste would have

to be

transported pursuant

to

a manifest by

a special waste

71-123

---

—15—

hauler permitted under Part 809,

unless

the shipment fell under

one of the exemptions stated in that Part.

As proposed, paragraph

(h)(3)

referenced

the USEPA manifest

form.

This has been replaced by a reference to Section 722.120,

which specifies when the USEPA and Illinois manifest forms must

be used.

(PC#2).

Section 721.106

This Section

is drawn from 40 CFR 261.6, which was amended

at

50 Fed. Reg. 33542 and 49202

to state new exemptions for

recyclable materials.

Section 721.l06(a)(3)(C) exempts used oil which

is recycled

in some manner other than being burned for energy recovery.

The

Agency has stated

its opposition to incorporation of this

provision,

although it acknowledges the accuracy of

the rendition

of the federal

language.

(PC#2).

The Agency

is free to propose

deletion of

this provision pursuant to Section 22.4(b)

of the

Act.

Section 721.131

This Section

is drawn from 40 CFR

261.31, which was amended

at 50 Fed. Reg. 53319,

and corrected at 51 Fed. Reg.

2702.

The

amendments set

a 10

by volume standard for the solvents listed

in FOOl through F006.

Section 721.132

This Section

is drawn from 40 CFR

261.32, which was amended

at

50 Fed. Reg. 42942

to add listings for wastes from the

production of toluene diisocyanate.

(Klll—K116)

Section 721.133

This Section

is drawn from 40 CFR

261.33, which was amended

at

50 Fed. Reg. 28742 and 42942.

The first amendment modifies

the introductory language concerning mixing waste chemicals with

waste oil.

The second amendment adds toluidine to the “U list”

of toxic chemicals.

Section 72l.App.C

The Board has incorporated 40 CFR

261, Appendix III by

reference.

The USEPA rule was amended at 50 Fed. Reg. 42942,

to

add test methods for constituents related

to toluene diisocyanate

production.

The Board has updated the incorporation.

Section 72l.App.G

This

is drawn from 40 CFR 261, App. VII, which was amended

at 50 Fed. Reg.

42942

to add the basis

for listing for K111—K116,

added

to Section 721.132 above.

71.124

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—16—

Section 72l.App.H

This

is drawn from 40 CFR 261, App. VIII, which was amended

at 50 Fed. Reg.

42942,

to add constituents related

to toluene

diisocyanate production.

Section 721.App.I

40 CFR 261,

App.

IX will contain waste delistings.

USEPA

has adopted several at 50 Fed.

Reg. 34692,

37370 and 48910,

and

51

Fed. Reg.

1254.

As was discussed in connection with Section

720.122

above,

the Board will not adopt these in the absence of a

petition and a showing of need for their adoption

in Illinois.

Of the wastes involved in the USEPA amendments, only one appears

to involve Illinois,

the Amoco delisting adopted by the Board

in

R85—2.

Section 72l.App.J

This Section

in corporates by reference the USEPA dioxin

test methods of

40 CFR 261, App.

X.

These were inadvertently

omitted

from, R85—22, which replaced the Illinois dioxin listings

with the USEPA.

Section 722.141

This Section

is drawn from 40 CFR 262.41, which was amended

at

50 Fed. Reg. 28742,

to add requirements relating

to reporting

on waste minimization programs.

40 CFR 262.41 requires

a biennial report, while Section

722.141 requires

an annual

report.

In R84—9 the Board declined

to modify

its rule to require

a biennial report.

(June 13, 1985)

Section 722.150

This Section

is drawn from 40 CFR 262.50, which was amended

at 50 Fed. Reg.

28742

to add a requirement of annual reporting of

waste exports.

The Board has required that this report be sent

to USEPA as well as the Agency,

as

is the case with the other

provisions concerning international shipments.

Section 722.App.A

The Appendix to 40 CFR

262 was amended at 50

Fed. Reg. 28742

to change the uniform hazardous waste manifest form.

The Board

will not adopt these changes.

Rather,

the Agency will make the

necessary changes

to the forms

it distributes.

The use of the

Agency’s forms

is governed by Section 722.120,

as amended

in R84—

9.

(June 13, 1985)

71-125

---

—17—

Section 724.101

(not amended)

This Section

is drawn from 40 CFR

264.1, which was amended

at 50 Fed. Reg.

28742.

Section 264.1(f)(3) has been added to

state

the applicability of the Part 264 standards in states which

have not yet received full

RCRA

authorization.

None of the other provisions of 40 CFR 264.1(f)

have been

adopted as Illinois rules,

because they relate only

to USEPA—

administered programs.

Section 724.101(f)

if drawn from 40 CFR

264.1(g), rather than paragraph

(f).

The new paragraph, 40 CFR 264.l(f)(3),

is relevant to

Illinois,

in that,

because Illinois has not received full ISWA

authorization, facilities must comply with some provisions of 40

CFR 264 instead of Part 724.

However,

the exact language would

not be appropriate

as an Illinois rule,

since

it

is written from

USEPA’s administrative perspective.

The Board has therefore

adopted

no amendments

to this Section.

Section 724.118

This Section

is drawn from 40 CFR 264.18,

which was amended

at 50 Fed. Reg.

28742,

to prohibit liquid hazardous waste from

salt domes and mines.

The Board has adopted

this

amendment,

except for

an exception located outside Illinois.

Section 724.170

This Section

is drawn from 40 CFR 264.70,

which was amended

at 50 Fed. Reg.

28742,

to state the duties of an on—site operator

with respect to manifests,

recordkeeping and reporting.

Section 724.173

This Section

is drawn from 40 CFR 264.73, which was amended

at 50 Fed. Reg. 28742,

to add

a requirement for an annual

certification of waste minimization.

The federal language

is

ambiguous.

The Board has inserted a colon after “annually”,

and

a “that” after

the semicolon to attempt to state

the apparent

intent.

Also,

the Board has removed some excess verbiage and

rearranged the commas.

Section 724.190

This Section

is drawn from 40

CFR 264.90,

which was amended

at 50 Fed. Reg.

28742,

to change the name of the Subpart

concerning groundwater protection,

to expand

the Subpart

to apply

to all

solid waste management units at

a regulated facility, and

to state

a modified exemption for units with leak detection

systems.

71-126

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—18—

Section 724.321

This Section

is drawn from 40 CFR

264.221, which was amended

at 50 Fed. Reg. 28742.

All new or expanded surface impoundments

are now required to have double liners and

a leachate collection

system, with two new exceptions.

Section 724.321(e) allows the

Agency to waive

the double

liner requirement

for certain foundry

wastes.

Section 724.321(d)

allows the Agency to waive the

requirement on a showing that an alternative design

is

at least

as effective as the double liner.

The double

liner no longer

creates

an exemption from groundwater monitoring.

Existing Section 724.321(b)

allows an exemption from the

basic

liner requirement on a demonstration to the Board

that

alternative design and operating practices will prevent the

migration

of hazardous constituents

at any future

time.

The

adopted rule will allow the Agency to make certain determinations

with respect to the exemptions from the new double liner

requirement.

Except for paragraph

(c)(2)(B), the new exemptions

involve

a choice between single and double liner design,

with no

possibility of complete exemption from the liner

requirement of

paragraph

(a), and include standards which are simple technical

findings, which should be made by the Agency.

Paragraph

(e)(2)(B)

is the paragraph

(b) showing, which must

be made

to the

Board.

Section 724.322

This Section

is drawn from 40 CFR 264.222, which was

repealed at 50 Fed. Reg.

28742.

This Section is replaced by the

amendments

to Section 724.321, above.

Section 724.326

This Section

is drawn from 40 CFR 264.226, which was amended

at 50 Fed. Reg. 28742.

The requirement

to inspect leak detection

systems has been removed from paragraph

(b)(3).

Section 724.327

(not amended)

This Section

is drawn from 40 CFR 264.227, which was amended

at 50 Fed. Reg.

28742.

The amendment removes a cross reference

from 40 CFR 264.227(d)(2)(i).

However,

the reference does not

exist

in the July 1, 1985 edition of

40 CFR 264, or

in Section

724.327(d)(2)(A).

The Board has adopted no change.

Section 724.328

This Section

is drawn from 40 CFR 264.228, which was amended

at 50 Fed. Reg.

28742,

to remove paragraphs

(b)(2)

and

(d), which

concern

leak detection systems.

71-127

---

—19—

Section 724.352

This Section

is drawn from 40 CFR 264.252, which was

repealed

at

50 Fed. Reg.

28742,

thus removing the exemption from

the groundwater monitoring requirements for waste piles with

double liners and leak detection systems.

Section 724.353

This Section

is drawn from 40 CFR 264.253, which was

repealed at 50 Fed. Reg. 28742,

thus removing the exemption from

groundwater monitoring

for waste piles with liners which are

periodically cleared for inspection.

Section 724.354

This Section

is drawn from 40 CFR 264.254, which was amended

at 50 Fed. Reg.

28742,

to remove paragraph

(b)(2),

which required

inspection of leak detection systems under piles.

Section 724.401

This Section

is drawn from 40 CFR 264.301, which was amended

at 50 Fed. Reg.

28742

to require double liners and a leachate

collection system for

all landfills.

This

is very similar

to

Section 724.321, concerning surface impoundments.

Section 724.402

This Section

is drawn from 40 CFR 264.402, which was

repealed at

50 Fed. Reg.

28742,

thus removing the exemption from

the groundwater monitoring requirements for double—lined

landfills.

Section 724.403

This Section

is drawn from 40 CFR 264.303, which was amended

at

50 Fed.

Reg.

28742,

to remove paragraph

(b)(2), which required

inspection

for liquids

in a leak detection system in

a landfill.

Section

724.410

This Section

is drawn from 40 CFR 264.310, which was amended

at 50 Fed.

Reg.

28742,

to remove paragraphs

(b)(2)

and

(c), which

referenced monitoring of

a leak detection system in

a landfill

during closure and post—closure core.

Section 724.414

This Section

is drawn from 40 CFR 264.314, which was amended

at

50 Fed. Reg.

28742.

The amendments prohibit the placement of

bulk liquids or non—hazardous liquids, effective May 5, 1985.

71-128

---

—20—

Section 22.6 of the Act restricted the landfilling of

liquids, effective July 1,

1984.

In R83—28(A),

the Board adopted

emergency rules effecting this restriction,

effective July 5,

1984.

The final Opinion and Order in R83—28(C) was adopted on

February 26,

1986.

The Board determined

that,

as of the date

of

adoption,

the liquids restriction was

a consistent, more

stringent requirement pursuant to Section 22.4(b) of the Act

(Opinion,

p.

6).

The Board has opened Docket R86—ll

to address

the relationship of the Illinois liquids ban to the USEPA HSWA

amendments, which include this Section.

(Order of February 26,

1986).

In the federal rule the prohibition

on bulk liquids has been

split into paragraphs

(a)

and (b), with the former containing

the

old rule applicable prior

to May 5, 1985,

and the latter

containing the ban which became effective on that date.

Paragraph

(a)

is not necessary,

since

the Board rule which was

in

effect on the date remains enforceable

for any violations which

may have occurred.

Paragraph

(a) would be misleading

as

an

Illinois rule, since bulk liquids were actually banned at an

earlier date

in Illinois.

The Board has therefore deleted

paragraph

(a) altogether.

However,

the Board will reserve

paragraph

(a)

to maintain consistency with the federal

lettering

of the subsections, thereby avoiding the necessity of extensive

checking of cross references.

(PC#l)

40 CFR 264.314(e) prohibits non—hazardous liquids from

hazardous waste landfills, effective May 5,

1985, unless

a

special showing

is made.

Again, this would be misleading as an

Illinois rule, since non—hazardous liquids were prohibited from

hazardous waste landfills in Illinois without exception as of

January, 1985

(R83—28B).

The Board has therefore deleted the

date and the exception language, and inserted a reference to

Section 729.311, which contains the Board’s ban.

The Board has relettered paragraph

(d)

as

(f).

This

includes

a general reference

to the wastestream authorization

process of Part 709.

This paragraph was added in R84—9,

and has

no federal equivalent.

Section 724.440

This Section

is drawn from 40 CFR 264.340, which was amended

at 50

Fed. Reg. 49202.

Paragraph

(a)(2)

is amended

to allow

operators recycling wastes

in boilers and industrial

furnaces

to

elect to be regulated as incinerators.

Section 725.101

(not amended)

This Section

is drawn from 40 CFR 265.1, which was amended

at 50 Fed. Reg.

28742.

The USEPA amendments modify paragraph

(c)(4), which has not been adopted by Illinois.

The amendments

set forth the effect of interim status in states which have

received partial interim authorization.

Although this rule

71-129

---

—21—

affects Illinois,

it

is worded from a federal administrative

perspective, which does not allow it to be adopted verbatim.

The

Board has therefore adopted no amendment

to this Section.

Section 725.321

This Section

is drawn from 40 CFR 265.221, added at

50 Fed.

Reg.

28742.

It

is a complement

to Section 724.321, discussed

above.

The operator

of

a surface impoundment with interim status

must install

a double liner and leachate collection with respect

to any new or

expanded unit,

and with respect

to waste received

after November

8,

1985.

The operator must notify the Agency and

file

a Part

B application within

6 months.

The interim status operator

is allowed,

in paragraphs

(C)

and

(d),

two exemptions from the double

liner requirement. These

are similar

to the exemptions in Section 724.321(d) and

(e).

The

adopted rule will allow these demonstrations to be made

to the

Agency,

except for the showing

in paragraph

(d)(2)(B).

The

showing

of

“no migration

..

.at any future

time” must be made to

the Board,

for the reasons discussed

in connection with Section

724.321.

The Part 725 exemptions raise an additional question as

to

the procedural context of the demonstrations to the Agency by an

interim status operator seeking

an exemption from the double

liner

requirement.

The rule clearly contemplates a prior

demonstration

to, and approval by,

the Agency.

The Board will

leave

it

to the Agency to specify the administrative process for

making this determination.

The Board has

adopted paragraph

(f),

which provides that any final Agency determination may be

appealed

to the Board.

Paragraph

(e)

specifies the circumstances under which

the

Agency can require the installation

of a new liner when finally

acting on the Part

B application.

The Board has changed

“has

reason to believe”

that a liner

is leaking

to “finds”.

The Board

believes that this is poor drafting,

rather than a deliberate

intent by USEPA

to specify a lower standard of proof for this

permit action.

Section 725.354

This Section

is drawn from 40 CFR 265.254, added at

50 Fed.

Reg.

28742.

It requires a double liner and leachate collection

under new or expanded piles,

or piles receiving waste

after May

8,

1985.

Section 725.401

This Section

is drawn from 40 CFR 265.301, added

at 50 Fed.

Reg.

28742.

This requires

a double liner and leachate collection

for new interim status landfill units,

or for

those which receive

71-130

---

—22—

waste after May

8, 1985.

The issues

are similar

to Section

725.321, discussed above.

Section 725.414

This Section

is drawn from 40 CFR 265.314, which was amended

at

50 Fed. Reg. 28742

to state new rules

for interim status

landfills receiving liquids.

This

is similar

to Section 724.414,

discussed above.

Paragraphs

(a)

and

(b)

of the USEPA rules govern bulk

liquids before and after May 8, 1985.

For the reasons discussed

above, the Board

is adopting only paragraph

(b), with

no date

specified.

Paragraph

(a)

is reserved

to avoid the necessity of

extensive cross checking of

references.

(PC~l).

Old paragraph

(b)

is relettered to

(c).

This states

the

rule on liquids

in containers, which remains unchanged

for the

present.

USEPA has relettered

(c)

as

(e), and then “revised”

it so

that it deals with a completely different subject.

Old paragraph

(c) contained the USEPA paint filter

test.

Its equivalent was

retained in Section 724.414.

It

is unclear how the liquids ban

would function without the test.

The Board therefore concludes

that this was a codification error

in the USEPA rules.

The Board

will

retain the old paragraph

as

(e).

As “revised”, relettered paragraph

(e) states

the past

compliance

dates for the USEPA liquid bans.

The Board has not

adopted this provision,

because inclusion of the past dates is

not necessary for enforcement, and because the dates would

be

misleading

in the context

of the Illinois liquid ban.

Paragraph

(f) prohibits the placement

of non—hazardous

liquids

in hazardous waste landfills.

The Board has referenced

the Part 729 rule,

for the reasons discussed above

in connection

with Section 724.414.

Paragraph

(d) has been renumbered as

(g).

This has no

federal

equivalent, but references the Part 709 wastestream

authorization process.

Section 725.440

This Section

is drawn from 40 CFR 265.340, which was amended

at

50 Fed. Reg.

49202,

to allow operators to elect

to be

regulated as incinerators instead of boilers or furnaces.

This

is similar

to Section 724.440 above.

71-131

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—23—

Section 726.123

This Section was drawn from 40 CFR

266.23, which was amended

at

50 Fed. Reg. 28442,

to prohibit the use

of hazardous waste oil

for dust suppression

or road treatment.

Section 726.130

This Section

is drawn from 40 CFR 266.30, which was amended

at

50 Fed. Reg. 49202.

The amendments expand the definition of

“hazardous waste

fuel”, and replace specific exclusions with

references

to Section 721.106.

A correction appearing at 50 Fed. Reg. 33542 does not affect

the text of the rules.

Section 726.131

This Section

is drawn from 40 CFR 266.31, which was amended

at

50 Fed. Reg.

28742 and 49202.

The latter amendment supplants

the former.

The amendments replace general language adopted

in R85—22

with specific prohibitions.

Hazardous waste

fuel can be marketed

only

to people with

a USEPA identification number, and can be

burned only in certain specified industrial furnaces or

boilers.

Cement kilns

in large municipalities are regulated as

incinerators

if they use hazardous waste

fuel.

The Board has added

a reference to the USEPA identification

number requirement in Section 722.112.

Section 726.132

This Section

is drawn from 40 CFR 266.32,

which was amended

at 50 Fed. Reg.

49202,

to clarify the duties of generators of

hazardous waste which

is used as,

or

to produce,

a

fuel.

Section 726.133

This Section

is drawn from 40 CFR 266.33, which was amended

at 50 Fed. Reg. 49202,

to simplify the transporter’s duties with

respect

to hazardous waste

fuel.

Section 726.134

This Section

is drawn from 40 CFR 266.34, which was amended

at 50 Fed. Reg.

28742 and 49202.

The latter amendments supplant

the former.

These provisions specify the duties

of

a person who markets

hazardous waste

fuel which that person generates or blends.

71-132

---

—24—

Section 726.140 et

seq.

Subpart

E

is drawn from 40 CFR 266.40 et

seq.,

added at

50

Fed. Reg.

49202.

This Subpart regulates “used oil” burned

for

energy recovery,

in contrast with Subpart D, which regulates

hazardous waste burned for energy recovery.

Used oil with more

than 1000 ppm total halogens

is presumed

to be a hazardous waste,

arid

is subject

to Subpart D instead.

Subpart

E further divides used oil into two categories,

depending on whether

it meets certain specifications for

concentrations of metals, halogens and flash point.

The Subpart

regulates the marketing and burning of the off—specification oil,

and the process of deciding whether the oil meets

the

specifications.

Section 731.101 et seq.

This Part

is drawn from 40 CFR

280, adopted at 50

Fed. Reg.

28742, July 15, 1985.

The interim rules establish a program

regulating

underground storage tanks

(UST).

USEPA was required

to adopt these rules as

a part

of the HSWA amendments

to RCRA.

P.

A. 84—1072 added Sections 22.4(e) and 22.12

to the Act.

These Sections require the Board

to adopt “fast track”

regulations which are

no less stringent than USEPA regulations

implementing the UST program,

and require the Agency and State

Fire Marshall

to coordinate

in the administration of

the UST

program.

Section 22.4(e)

requires the Board

to adopt regulations

within 180 days after adoption by USEPA; however, Section 22.4(e)

itself did not become effective until July 1, 1986.

The UST program applies

to underground tanks which store

petroleum products or substances regulated under CERCLA,

excluding hazardous wastes.

Storage tanks containing hazardous

waste are regulated under

RCRA

(Section 724.290

et seq.).

USTts

must prevent releases due to corrosion or structural failure for

the operational life of the tank.

They must be cathodically

protected or constructed of non—corrosive material, which must

be

compatible with the substance

to be stored.

Corrosion protection

is not required if soil resistivity

is “12,000 ohm—cm or more”.

There are a number of problems associated with the soil

resistivity

test.

First,

the Board has added Section 731.900,

containing information necessary to incorporate ASTM G57—78 by

reference’under

the Administrative Procedure Act.

Second, the

Board has deleted the provisions from Section 731.102 concerning

alternative resistivity standards.

The first

is unacceptable

under Illinois law unless some rule

is specified under which the

Agency decides whether

to allow use of the alternative

standard.

The second is unnecessary.

If USEPA promulgates an

alternative standard,

the Board will adopt it.

71-133

---

—25—

Section 731.lOl(d)(7) excludes pipelines regulated under

the

Illinois Gas Pipeline Safety Act.

This appears to be the only

Illinois regulatory program which meets

the generic language of

40 CFR 280.1(g).

CONCLUSION

This Opinion supports the Board’s Order

of this same day

adopting final amendments.

The Board will withhold filing of

these amendments until July 21, 1986,

to allow final review by

those entities involved

in the RCRA authorization process.

The

Board authorizes consolidation of these rules with those adopted

in R85—23 for publication in the Illinois Register

if it appears

to be efficient

to do so.

IT IS SO ORDERED.

I,

Dorothy M. Gunn, Clerk of

the Illinois Pollution Control

Board, hereby certify that the above Opinion was adopted on

the

/t~

day of

______________,

1986, by

a vote

of

~

/

~

~.

~

,

Clerk

tion Control Board

Illinois P0

71.134