ILLINOIS POLLUTION CONTROL BOARD
September
4,
1987
IN THE MATTER OF:
CORRECTION TO R86-l
)
R87—32
FINAL ORDER.
ADOPTED RULE
OPINION
AND
ORDER OF THL BOARD (by
3.
Anderson):
On July
11,
1986 the Board amended the RCRA rules pursuant
to Section
22.4(a)
of
the Environmental Protection Act
in Docket
R86—1.
By this Order
the Board will correct an error
to listing
F003
in Section
721.131
in the July 11,
1986 Order.
Section 721.131 has been amended
in both R86—l
and R86—l9,
although the amendments
in R86—19 did not affect F003.
The
actions affecting this Section are as follows:
R86—1
July 11,
1916;
10 Ill.
Reg.
13998,
August
22,
1986.
(7/1/85
——
1/31/86)
R86—l9
October
23,
1986;
10
Ill.
Reg.
20630, December
12,
1986.
(2/1/86
——
3/31/86)
The Board
has pending
Dockets R87—5 and R87—26
to update the
RCRA rules.
Section 721.131
is not involved
in those Dockets.
Section 721.131
is drawn from 40 CFR 261.31,
which has been
amended as follows:
50
Fed.
Reg.
53319
December
31, 19o5
51
Fed.
Reg.
2702
January
21,
1986
51
Fed.
Reg.
6541
February 25, l9b6
The United States Environmental Protection Agency amendea
listing FDO3
on December
31,
1985.
The Board adopted
the
equivalent amendment on July
11,
1986.
However,
the Board’s
version omitted
a phrase
from the description of
this waste.
The
subsequent USEPA amendments did not affect this language,
and the
Board’s subsequent amendment
in R86—19 included the error without
correction.
The Board will amend listing F003
in Section 721.131
to correct
the error
as
is indicated
in the Order below.
The USEPA language includes apparent incorrect and
unnecessary punctuation which the
Board has corrected.
The final
“and”
in the USEPA rule
is set off with two commas which
the
Board has deleted.
The
second comma appears
to be incorrect,
and
the first
is unnecessary.
Also,
the Board has replaced
81—219
“mixtures/blends”
with “mixtures and blends”
throughout
this
Section.
This usage
has come under attack
in the new edition
of
the Administrative Code Style Manual.
Since
this corrects
a simple typographical error, and
codification problems,
the Board will adopt
it without affording
the opportunity for prior
comment.
The Board will
send this
Order
to the notice list
in
the currently pending RCRA Dockets.
The Board will withhold filing until
after September
14, 1987
to
allow time
for motions
to reconsider.
ORDER
Section 721.131
is amended
to read as follows:
SUBPART
D:
LISTS
OF HAZARDOUS NASTE
Section 721.131
Hazardous Wastes From Nonspecific Sources
The following solid wastes are
listed hazardous wastes
from non-
specific sources unless they are excluded under
35
Ill.
Adm. Code
720.120
and 720.122 and listed
in Appendix
I.
EPA Hazardous
Industry and
haste No.
Hazardous haste
hazard Code
*
*
*
F003
The following
spent
non—halogenated solvents:
(I)
xylene,
acetone,
ethyl acetate, ethyl benzene,
ethyl ether,
methyl isobutyl ketone, n-butyl
alcohol, cyclohexanone and methanol;
all spent
solvent —m~x~es~’b~e~ds—mixtures
and blends
containing,
before use,
only the above spent non-
halogenated
solvents;
and all spent solvent
mixtures and blends containing,
before use, one
or
more of
the above non—halogenated solvents
and a
total of
ten percent or more
(by volume)
of one
or
more of —the ebeve ~
seIve~s e~
—those solvents listed
in
FOOl,
F002,
F004
or
F0u5;
and still bottoms from the recovery of these spent
solvents and
spent solvent mixtures.
*
*
*
IT
IS SO ORDERED.
81—220
—3—
I, Dorothy
H.
Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify
that the~aboveOpinion and Order was
adopted on
the
~
day
of
~
,
1987,
by
a vote
of
~
.
Dorothy M./Gunn, Clerk
Illinois Pollution Control
Board
81—221