ILLINOIS POLLUTION CONTROL BOARD
    September
    13,
    1990
    IN
    THE MATTER
    OF:
    R90—1O
    RCRA UPDATE, USEPA REGULATIONS
    )
    (Rulemaking)
    TCLP
    (1-1-90 THROUGH 3-30—90)
    ORDER
    OF THE BOARD
    (by 3.
    Anderson):
    On August
    30,
    1990,
    the Board
    adopted
    a
    final
    Opinion
    and Order
    in this
    matter, amending
    the RCRA rules.
    The Board set September
    11,
    1990,
    as
    the
    date for post—adoption comments.
    The Board
    has
    received
    none.
    However, the
    Board notes that,
    on August
    9,
    1990,
    it
    also adopted
    a
    final
    Opinion and Order
    in R89—13A,
    In the matter of IDENR
    Special
    Waste Categorization.
    In Section
    808.41O(b)(4) there
    is
    a
    cross reference
    to “an EP toxicity test,
    as
    specified
    in
    35 Ill. Adm. Code 721.124”.
    In R90—1O we have replaced
    the EP toxicity
    test with
    the TCLP test.
    This renders the cross
    reference confusing.
    The reference to the EP toxicity test occurs with the contents of the
    application
    for wastestream characterization.
    The point of including
    it was
    to
    provide
    a basis for the Agency’s determination that the wastestream
    in
    question
    is
    not hazardous prior
    to characterizing
    it.
    It would
    be
    possible to
    continue referencing the EP toxicity test
    in the USEPA Guidance Manual,
    SW
    846,
    as was discussed
    in
    the R90-10 Opinion
    of August
    30, 1990.
    However,
    the
    test results would
    not be meaningful,
    in that it would
    no longer establish
    whether the waste was hazardous or
    not.
    ~4oreover,
    it would
    impose
    an
    additional
    testing burden
    on generators.
    Under
    the new RCRA rules,
    all
    generators will
    have to
    do the TCLP test to determine whether their waste
    is
    hazardous.
    To the extent Section 808.410 required
    an EP Toxicity test,
    it
    would
    be imposing
    an additional
    testing burden which the Board did
    not
    intend
    in R89—13A.
    The Board
    therefore concludes that the
    intent
    of Section 808.410
    was to
    require “the test specified by Section
    721.124”, rather than the “EP
    Toxicity test” which happened to
    be specified
    in that Section.
    The Board will therefore add to the explanatory note
    in Section
    721.124,
    as follows:
    BOARD NOTE:
    Generators are
    required to use the TCLP
    test for
    the hazardous waste determination under
    35
    Ill.
    Adni. Code 722.120
    as
    of September 25, 1990.
    Provided, however,
    that,
    as specified
    at
    55 Fed.
    Reg.
    11850, March
    29,
    1990,
    small
    quantity generators
    of
    100 to 1000 kg! month,
    as
    defined
    in
    35 111.
    Adm. Code
    721.105, may continue to use the EP toxicity test
    until
    March
    29,
    1991.
    The EP toxicity test
    is Method
    1310 in
    SW 846,
    “Test Methods for Evaluating Solid
    Wastes,
    Physical/Chemical
    Methods”,
    incorporated
    by
    reference
    in
    35
    Ill.
    Adni.
    Code
    720.111.
    The
    reference
    to
    the
    “EP
    toxicity
    test”
    in
    35 Ill.
    Adm.
    Code
    8O8.41O~,b)(4)is
    to
    be
    understood
    as
    referencing
    the
    test required by this Section.
    115—49
    IT
    IS
    SO
    ORDERED
    I,
    Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Contro)
    Board,
    hereby
    certify that
    the above Order was adopted
    on the
    /.~
    day of
    ~‘--~-~-~‘
    1990,
    by a vote
    of
    7—
    c~
    •
    I
    ~
    A.
    ~
    Dorothy
    4.
    GAnn, Clerk
    Illinois
    Pg,flution Control Board
    115—50

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