ILLINOIS POLLUTION CONTROL
BOARD
August 31,
1989
IN THE MATTER OF:
RCRA UPDATE, USEPA REGULATIONS
)
R89-1
(8—1—88 THROUGH 12—31—88)
)
ORDER OF THE BOARD
(by J. Anderson):
Section 22.4(a) of the Environmental Protection Act
(Act)
requires the Board to adopt regulations which are “identical
in
substance” with USEPA hazardous waste rules adopted pursuant to
the Resource Conservation and Recovery Act
(RCRA).
The term
“identical in substance has recently been defined in Section 7.2
of the Act.
Section 7.2(b)
of the Act requires the Board
to
adopt a rule within one year of adoption of the federal rule,
unless the Board extends the time based on a finding that the
time is insufficient and stating the reasons.
It appears that
the regulations
in this Docket may be late.
The Board
is
therefore entering this Order
to extend the time.
Under Section 7.2 of the Act, Board action on this update
is
required within one year after adoption of the first USEPA rule
in the batch.
This was August 17,
1988
for this batch.
Board
action was therefore required by August
17,
1989.
Since the
public comment period ended on August
14,
there was little time
to consider these comments,
in particular
a large public comment
received August
7, which will at least delay final action due to
the time required to consider the issues.
The Board anticipates
that these
rules will be adopted in September,
1989.
The Board also notes
that the number of federally—driven
programs involving large blocks of rules has suddenly expanded
from two
(RCRA
and UIC)
to at least five
(by addition of
Pretreatment,
E3ST,
and SDWA).
The Board has recently received
added funding for expansion of staff
to manage these large
rulemakings;
the Board believes that
it will be able to return
to schedule as its expanded staff gains experience.
The Board directs that these reasons be published in the
Illinois Register pursuant to Section 7.2 of the Act.
IT
IS SO ORDERED.
102—411
—2—
I,
Dorothy M. Gunn,
Clerk
of the Illinois Pollution Control
Board, hereby certi~’jthat the above Order was adopted on
the ~f/-’~day of
____________,
1989,
by
a vote of
O
~i.
Dorothy M. ij~unn, Clerk
Illinois Pdllution Control Board
102—4 12