ILLINOIS POLLUTION CONTROL BOARD
May 24,
 1990
IN THE MATTER OF:
R89—11
UIC UPDATE, USEPA REGULATIONS
 )
 (Identical
 in Substance Rulemaking)
(1—1—89 THROUGH 11—30—89)
ADOPTED RULE.
 FINAL ORDER.
OPINION OF THE
 BOARD
 (by J. Anderson):
By a separate Order, pursuant to Sections 22.4(a)
 and
 13.(c)
 of the
Environmental Protection Act
 (Act),
 the Board amends the Underground
 Injectior.
Control
 (UIC)
 regulations.
 Section 22.4 of the Act governs adoption of
regulations establishing the RCRA program in Illinois,
 and Section 13(c)
governs adoption of the UIC program regulations.
 Both Sections 22.4(a) and
13(c) provide for quick adoption of regulations which
 are “identical
 in
substance”
 to federal regulations.
 Because this rulemaking
 is not subject to
Section
 5 of the Administrative Procedure Act,
 it is not
 subject to first
notice or to second notice review by the Joint Committee on Administrative
Rules
 (JCAR).
The federal UIC regulations
 are found at
 40 CFR 144,
 146, and 148.
 This
rulemaking updates UIC rules to correspond with federal amendments during the
period January
 1 through August
 31,
 1989.
 The Federal Registers utilized are
as follows:
54 Fed. Reg. 25422
 June 14,
 1989
54 Fed. Peg. 26647
 June 23,
 1989
54 Fed. Reg.
 34171
 August
 18,
 1989
54 Fed. Reg.
 35328
 August
 25,
 1989
54 Fed. Reg. 47451
 November 14,
 1989
The Board divides state UIC and RCRA program updates into their
traditional parts, UIC in 35
 Ill. Adm. Code 704,
 730,
 and 738 and RCRA in 35
Ill. Adm. Code 703, 705,
 720 through 726, and 728, with minimal overlap.
 The
present UIC amendments
 are limited to 35 Ill. Adm. Code 738.Subpart
 B.
PUBLIC COMMENTS
The public comment period
 ended 45 days after publication of the Notice
of Proposed Amendments
 in the
 Illinois Register on February
 21,
 1990
 (Part
720,
 at 14
 111.
 Reg.
 3006,
 and
 Part 730, at
 14
Ill.
 Peg.
 3014)
 and March
 7,
1990
 (Part 738.
 at
 14
 Ill. Reg.
 3823).
 The Board received one public comment
(P.C.
 #1)
 on April
 4,
 1990 from the Secretary of State, Administrative Code
Division
 (Code Unit).
 The Board also received three letters from the Joint
 Committee on Administrative Rules
 (JCAR) on March
 12
 (Part 720)
 and April
 11
(Part 730) and
 18 (Part
 738),
 1990 relating to this rulemaking.
 The third of
these JCAR letters commented on the
 format of two subsections; the other two
included no comments.
The Board received no other public comments.
 The Board
 invited comments
on various issues in its Proposed Opinion of January 25,
 1990.
 The detailed
111—489
2
discussion that follows indicates each topic on which the Board invited public
comment.
 The Board construes silence as no objection to the Boards
 approach
to each topic.
The Board summarizes
 the changes
 it has made to the
 text as
 proposed
 in
response to the comments in the following detailed discussiorf.
 The Board
revised the text of Section 730.108(a)
 in response to the Code Units
 (P.C.
11) ~comment.
 The Board corrected the format of the proposed text of Section
738.114(c)
 and
 (d)
 in response to the JCAR letter received April
 16,
 1990.
DELAYED FILING OF ADOPTED AMENDMENTS
The Board will delay filing the adopted amendments
 for 30 days from the
date of this Opinion and the accompanying Order, particularly to allow USEPA,
the Agency,
 and the Attorney General to review them in final
 form before they
are filed.
 This delay
 is
 in accordance with the procedural
 track
 for
identical in substance rulemakings embodied in the informal
 “RCRA
 Pass—
Through Rulemakir.g/Authorization
 Revision and Review Process” agreement
between the above entities and the Board, as amended Hay,
 1987.
HISTORY OF RCRA,
 UST and UIC ADOPTION
NOTE:
 For greater clarity, the Board
 is employing an alternative format
to that previously used for the following historical
 summary of RCRA,
 UST, and
UIC adoption.
 This alternative format includes updated information not part
of the summaries
 in earlier RCRA,
 UST,
 and UIC opinions.
The Illinois UIC (Underground Injection Control), RCRA (Resource
Conservation and Recovery
 Act),
 and UST (Underground Storage Tank)
regulations, together with more stringent state regulations particularly
applicable to hazardous waste,
 include the following Parts of Title
 35 of the
Illinois Administrative Code:
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
728
 USEPA Land Disposal Restrictions
729
 Landfills:
 Prohibited Wastes
730
 UIC Operating Requirements
731
 Underground Storage Tanks
738
 Hazardous Waste Injection Restrictions
Special provisions
 for RCRA cases are included in Parts 102,
 103,
 ~04
11l—4q0
3
and 106, the Board’s procedural
 rules.
History of
 RCRA
 and State Hazardous Waste Rules Adoption
The Board
 has adopted and amended the Resource Conservation and Recovery
Act
 (RCRA) hazardous waste rules
 in several dockets.
 Dockets4 R8l—22 and R82—
18 dockets dealt with the Phase
 I
 RCRA
 regulations.
 USEPA granted Illinois
Phase
 I authorization on May
 17,
 1982,
 at 47 Fed. Reg. 21043.
 The Board
adopted RCRA Phase II regulations
 in
 Parts
 703 and 724
 in dockets R82-19 and
P.83—24.
 USEPA granted final authorization of the Illinois RCRA “base program”
 on January 31,
 1986,
 at
 51 Fed. Reg. 3778 (January 30,
 1986).
 USEPA granted
authorization to “Cluster
 I revisions” to the Illinois program and granted
partial Hazardous and Solid Waste Amendments
 (HSWA)
 (Pub.
 L. 98—616, Nov.
 8,
1984)
 authorization effective March
 5,
 1988,
 at
 53 Fed. Reg.
 126
 (January
 5,
1988).
 USEPA authorized certain subsequent amendments
 and granted further
partial HSWA authorizations effective April
 30,
 1990,
 at 55 Fed. Reg. 7320
(March
 1,
 1990).
 The entire listing of all RCRA identical in substance
rulemakings
 follows
 (with the period of corresponding federal
 revisions
indicated in parentheses):
R8l—22
 45 PCB 317, September
 16,
 1981
 & February
 4,
 1982;
 6
 Ill.
Beg.
 4828,
 April
 23,
 1982, effective May
 17,
 1982.
 (5/19/80
through 10/1/81)
R82—18
 51 PCB 31, January 13,
 1983;
 7
 Ill. Reg.
 2518,
 March 4,
1983,
 effective May
 17,
 1982.
 (11/11/81 through 6/24/82)
R82—19
 53 PCB 131, July 26,
 1983,
 7 Ill. Reg.
 13999, October 28,
 1983,
 effective October 2,
 1983.
 (11/23/81 through
10/29/82)
R83—24
 55 PCB
 31, December
 15,
 1983, 8 Ill. Reg.
 200, January
 6,
1984, effective December 27,
 1983.
 (Corrections to R82—19)
R84—9
 64 PCB 427 & 521, June 13 & 27,
 1985;
 9 111. Reg. 11964,
August 2,
 1985,
 effective July 8
 &
 24,
 1985.
 (1/19/83
through 4/24/84)
R85—22
 67 PCB
 175,
 479, December 20,
 1985 and January
 9,
 1986;
 10
Ill. Reg. 968, January 17,
 1986, effective January
 2,
 1986.
(4/25/84 through 6/30/85)
R86—1
 71 PCB
 .LLO, July
 11,
 1986;
 10 Ill. Beg.
 13998, August 22,
1986,
 effective August
 12,
 1986.
 (7/1/85 through 1/31/86)
R86—19
 73 PCB
 467, October 23,
 1986;
 10 Ill. Beg. 20630, December
12,
 1986, effective December 2,
 1986.
 (2/1/86 through
3/31/86)
R86—28
 75 PCB 306, February 5,
 1987;
 and 76 PCB 195, March
 5,
 1987;
1.
 Ill. Beg.
 6017,
 April
 3,
 1987,
 effective March 23,
 1987.
Correction
 at 77 PCB 235, April
 16,
 1987;
 11 Ill. Beg. 8684,
111—491
4
May
 1,
 1987, effective April
 21,
 1987.
 (4/1/86 through
6/30/86)
R86—46
 79 PCB 676, July 16,
 1987;
 11 Ill. Beg.
 13435, August
 14,
1987,
 effective August
 4,
 1987.
 (7/1/86 through 9/30/86)
R87—5
 82 PCB 391, October 15,
 1987;
 11
 Ill. Beg.
 19280, November
30,
 1987,
 effective November 10 & 12,
 1987.
 (10/1/86
through 12/31/86)
R87—26
 84 PCB 491, December
 3,
 1987;
 12 Ill. Beg.
 2450, January
 29,
1988,
 effective January
 1.5,
 1988.
 (1/1/87 through 6/30/87)
R87—32
 Correction to R86—1;
 81 PCB 163, September
 4,
 1987;
 11
 Ill.
Beg.
 16698, October
 16,
 1987,
 effective September
 30,
 1987.
R87—39
 90 PCB 267, June 16,
 1988;
 12 Ill. Reg. 12999, August
 12,
1988,
 effective July 29,
 1988.
 (7/1/87 through 12/31/87)
R88—l6
 93 PCB 513, November
 17,
 1988;
 13 Ill. Beg.
 447, January
 13,
1989,
 effective December
 28,
 1988.
 (1/1/88 through 7/31/88)
R89—1
 103 PCB 179, September
 13,
 1989.;
 13 Ill. Beg. 18278,
November
 27,
 1989,
 effective November
 13,
 1989.
 (8/1/88
through 12/31/88)
P89—9
 March
 8,
 1990;
 14 Ill. Beg.
 6225,
 April
 27,
 1990, effective
April
 16,
 1990.
 (1/1/89 through 6/30/89)
R90—2
 Proposal
 for Public Comment,
 April
 12,
 1990.
 (7—1—89
through 12/31/89)
P90—10
 Reserved Docket.
 (Toxicity Characteristic Leachate
Procedure)
On September
 6,
 1984,
 the Third District Appellate Court upheld the
Board’s actions in adopting P82-19 and P83-24.
 (Commonwealth Edison Co.
 V.
~,
 127 Iii. App.
 3d 446;
 468 N.E.2d 1339
 (3d Dist.
 1984).)
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. Beg. 24562, December
21,
 1984,
 effective December
 11,
 1984.
This was repealed by P85—22, which included adoption of USEPA’S dioxin
listings.
 Section 22.4(d) was repealed by P.A. 85—1048, effective January
 1,
1989.
The Board has adopted USEPA delistings
 at the request of Amoco and
Envirite
 (the date of the corresponding
 federal action
 is included in
pa~ntheses):
111—492
5
P85—2
 69 PCB
 314, April
 24,
 1986;
 10 Ill. Beg.
 8112,
 Hay
 16,
 1986,
effective May
 2,
 1986.
 (9/13/85)
P87—30
 90 PCB 665, June
 30,
 1988;
 12
 Ill. Peg. 12070, July 22,
1988,
 effective July 12,
 1988.
 (11/14/86)
The Board has adopted special procedures
 in Parts
 101,
 102, and 104
 for
cases
 involving the RCRA regulations:
P84—10
 62 PCB 87
 & 349, December
 20,
 1984 & January
 10,
 1985;
 9
Ill.
 Beg.
 1383, February
 1,
 1985,
 effective January 16,
1985.
The Board also adopted special procedures to be followed
 in certain
determinations under Part
 106.
 The Board adopted these Part 106
 special
procedures
 in R85—22 and amended them in P86—46, listed above.
The Board has also adopteU requirements limiting and restricting the
 landfilling
 of liquid hazardous wastes,
 hazardous wastes containing
halogenated compounds,
 and hazardous wastes generally:
P81—25
 60 PCB
 381, October 25,
 1984;
 8 Ill. Beg. 24124, December
14,
 1984,
 effective December
 4,
 1984.
R83—28
 68 PCB 295, February 26,
 1986; 10 Ill. Peg.
 4875,
 March
 21,
1986,
 effective March
 7,
 1986.
P86—9
 Emergency regulations adopted at
 73 PCB 427, October 23,
1986;
 10 Ill.
 Beg.
 19787,
 November 21,
 1986,
 effective
November
 5,
 1986.
The Board’s action in adopting emergency regulations in P86—9 was
reversed by the First District
 Court of Appeals.
 (Citizens for a Better
Environment v.
 PCB,
 152
 Ill.
 App. 3d 105,
 504 N.E.2d 166 (1st Dist.
 1987).)
 A
decision on permanent rules
 is pending.
History of UIC Rules Adoption
The Board has adopted and amended Underground Injection Control
 (UIC)
regulations in several dockets to correspond with the federal regulations.
Cn~ quch docket, R82~18, was a RCRA docket.
 USEPA authorized the Illinois UIC
program on February
 1,
 1984,
 at 49 Fed.
 Beg. 3991.
 The entire listing of all
UIC rulemakings follows
 (with the period of corresponding
 federal revisions
indicated in parentheses):
P81—32
 47 PCB 93,
 May
 13,
 1982;
 6
 Ill. Beg.
 12479, October 15,
1982, effective February
 1,
 1984.
 (7/7/81 through 11/23/81)
P82—lB
 51 PCB 31, January 13,
 1983;
 7
 Ill. Peg. 2518, March 4,
1983, effective May
 17,
 1982.
 (11/11/81 through 6/24/82)
111—493
6
P83-39
 55 PCB 319, December 15,
 1983;
 7
 Ill. Peg. 17338, December
20,
 1983,
 effective December
 19,
 1983.
 (4/1/83)
P85—23
 70 PCB 311 & 71 PCB 108,
 .June 20
 & July 11,
 1986;
 10 Ill.
Peg. 13274, August
 8, 1986, effective July 28 &
 29,
 1986.
(5/11/84 through 11/15/84)
P86—27
 Dismissed at 77 PCB 234, April
 16,
 1987.
 (No USEPA
amendments
 through
 12/31/86).
P87—29
 85 PCB 307, January 21,
 1988;
 12
 Ill. Peg.
 6673, April
 8,
1988,
 effective March
 28,
 1988.
 (1/1/87 through 6/30/87)
P88—2
 90 PCB 679, June 30,
 1988;
 12 Ill. Beg. 13700, August
 26,
1988,
 effective August
 16,
 1988.
 (7/1/87 through 12/31/87)
P88—17
 94 PCB 227, December
 15,
 1988;
 13 Ill. Peg.
 478, January
 13,
1989,
 effective December
 30,
 1988.
 (1/1/88 through 6/30/88)
P89—2
 Jar.uary
 25,
 1990;
 14 Ill. Req.
 3059,
 March
 2,
 1990,
effective February 20,
 1990.
 (7/1/88 through 12/31/88)
P89-11
 This Docket.
 (1/1/89 through 11/30/89)
P90-5
 Dismissed on March
 22,
 1990.
 (No USEPA amendments
 12/1/89
through 12/31/89)
History of UST Rules Adoption
The Board adopted Underground Storage Tank
 (UST)
 rules in P86-1
 and P.86-
28,
 which were also RCP.A update Dockets.
 The Board updated the UST
regulations to correspond with USEPA amendments
 in several dockets.
 USEPA has
not yet
 authorized the Illinois UST program.
 The entire listing of all UST
rulemakings follows (with the period of corresponding federal revisions
indicated
 in parentheses):
P86—I
 71 PCB 110, July 11,
 1986;
 10
 Ill. Peg. 13998, August
 22,
1986, effective August
 12,
 1986.
 (7/1/85 through 1/31/86)
P86-28
 75 PCB 306,
 February
 5,
 1987; and 76 PCB
 195, March
 5,
 1987;
11 Ill. Peg.
 6017,
 April
 3,
 1987,
 effective March
 23, 1987.
Correction
 at
 77 PCB 235, April
 16,
 1987;
 Il
 Ill. Peg. 8684,
May
 1,
 1987,
 effective April
 21,
 1987.
 (4/1/86 through
6/30/86)
888—27
 98 FCB 413, April
 27,
 1989;
 13 Ill. Peg. 9519,
 June 23,
1989,
 effective June 12,
 1989.
 (9/23/88)
P89—4
 101 PCB 371, July 27,
 1989;
 13 111. Peg. 15010, September
22,
 1989,
 effective September 12,
 1989.
 (10/26/88)
111—
494
7
P89-10
 March
 1,
 1990;
 14 Ill. Peg.
 153, January
 5,
 1990,
 effective
April
 10,
 1990.
 (10/27/88 through 6/30/89)
P89—19
 April
 26,
 1990.
 (UST Fund Legislative Mandate)
R90—3
 Proposal
 for Public Comment March
 8,
 1990;
 ~4
 Ill. Peg.
4406,
 March
 23,
 1990.
 (7/1/89 through 12/31/90)
GENERAL
 DISCUSSION
The amendments
 are discussed in detail below.
 The following generally
describes the USEPA actions encompassed by this rulemaking.
 The complete
Federal Register Citations are given above.
 All dates are 1989.
June
 14
 Additional restrictions
 or, underground injection of First
Third Wastes.
June 23
 Restrictions on underground injection of Second Third Wastes
and Third Third Wastes.
August 18
 Interim approval of a water—brine interface mechanical
integrity test
 for Class
 III salt solution mining injection
wells.
August 25
 Correction to the additional
 restrictions on underground
injection of First Third Wastes.
November 14 Correction to the interim approval of
 a water—brine
mechanical
 integrity test.
DETAILED DISCUSSION
PART
 720
HAZARDOUS WASTE MANAGEMENT
 SYSTEM:
 GENERAL
SUBPART
 A:
 GENERAL
 PROVISIONS
The primary aspects of the proposed amendment to Part
 720 are discussed
below
 in the discussion of Part 730.
 The proposed amendment was limited to
the addition of
 a Federal Register reference at subsection
 (d) to
 support
 the
proposed amendment to Part 730.
 This Federal Register describes the
alternative test method that USEPA granted interim approval.
 Adding the
Federal Register reference would have required redesignating existing
subsection
 (d)
 as subsection
 e).
The Board did not
 adopt the proposed
 amendment
 to
 Part 720.
 The reasons
for this are cited below in the discussion of the proposed amendments to Part
730,
 also
 not
 adopted in significant part.
U 1—495
8
PART
 730
UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS
SUBPART A:
 GENERAL
Section 730.108
 Mechanical Integrity
This Section derives from 40 CFR 146.8.
 At 54 Fed. Peg. 34169
 (August
18,
 1989), USEPA granted a two-year
 interim
 approval to a well integrity test
for Class
 III salt solution mining injection wells.
 This Water—Brine
Interface mechanical integrity test is an alternative granted interim approval
under
 40 CFP 146.8(d)
 to the tests specified at 40 CFR 146.8(b).
 USEPA
subsequently published a correction to this interim approval at
 54 Fed. Reg.
47451 on November
 14,
 1989.
The Board proposed a revision to corresponding
 Section 35 Ill. Adm. Code
730.108(b)
 to reflect this interim approval,
 in order
 to open Section 730.108
to possible amendment.
 The Board
 invited
 comment,
 both
 as
 to
 its
 intent
 not
to
 adopt
 this
 proposed
 amendment
 and
 to
 the
 proposed
 text
 if
 such
 amendment
were necessary,
 and received none.
 Therefore,
 the Board does not adopt this
proposed
 amendment
 to
 Part
 730
 (and
 Part
 720).
As set forth in the January 25,
 1990 Proposed Opinion for the sake of
comment,
 the proposed amendment to Section 730.108 would
 have,
 in significant
portion,
 taken the following form:
b)
 3)
 Until September
 18,
 1991,
 for Class
 III salt solution mining
injection
 wells,
 the
 Water—Brine
 Interface
 Test
 described
 at
54 Fed.
 Beg.
 34169,
 August
 18,
 1989,
 incorporated by
reference
 at
 35
 Iii.
 Adm.
 Code
 720.111.
Several factors militated against adoption of the proposed amendment.
In the past,
 the Board has generally refrained from proposing amendments based
on federal interim actions.
 Rather, the Board has adopted only final
 federal
regulatory
 amendments.
 Second, Section 730.108(d)
 authorizes the
 Agency to
allow use of alternative mechanical
 integrity tests.
 This would
 arguably
allow the Agency to permit use of the alternative test granted interim federal
approval
 if necessary.
 Finally,
 the Board
 is unaware whether any Class
 III
salt solution mining injection wells presently exist
 in Illinois.
 The Board
follows
 its
 past
 practice
 in
 this
 instance
 and
 does
 not
 adopt
 this
 proposed
amendment.
The
 Board
 also
 proposed
 a
 number
 of
 minor
 editorial
 corrections
 to
 this
Section in its January 25,
 1990 Proposed Order.
 The Board amends “paragraph”
to “subsection” wherever it appears and changes “sections” to “Sections”
 in
subsection
 (a)
 (in
 response
 to
 P.C.
 #1),
 in
 order
 to
 comport
 with
 the
 Illinois
Administrative Code format;
 the Board
 amends
 “it”
 to “the test” at subsection
(d),
 for clarity;
 and the Board uses
 “it” instead of the gender—biased
 “he”
 at
subsection
 (e).
PART
738
111—496
9
SUBPART B:
 PROHIBITIONS ON INJECTION
During the present update period, USEPA added to the restrictions on
injection of First Third Wastes
 (40 ‘CFR 148.14),
 promulgated restrictions of
Second Third Wastes
 (40 CFR 148.15),
 and promulgated the first few
restrictions on injection of Third Third Wastes
 (40 CFR 148.1,6).
 USEPA also
adopted technical corrections to the prohibitions on injection of solvent
wastes
 (40 CFR 148.10) and dioxin-containing wastes
 (40 CFR 148.11).
The Board adopts parallel amendments to the corresponding sections
 in 35
Ill.
Adm.
 Code 738 in a partially revised format.
 The Board has also
reformatted those existing subsections of Sections
 738.110 through 738.114
that contained listings of hazardous wastes by EPA Hazardous Waste number.
The new format is also used for the similar subsections of new Sections
738.115 and 738.116.
 This format is similar to that adopted by the Board
 for
similar listings
 in Part
 728,
 the RCRA portions of the land ban rules.
 The
Board
 believes that,
 while maintaining its rules as identical
 in substance
with the corresponding
 federal rules,
 the new format will enhance readability
and
 facilitate
 future revisions.
 The Board invited comment on this proposed
new format
 and received none.
Section 738.110
 Waste Specific Prohibitions
 —
 Solvent Wastes
Section 738.111
 Waste Specific Prohibitions
 —
 Dioxin—Containing Wastes
Secti6n 738.110 derives from 40 CFR 148.10
 (1988), and Section 738.111
derives from 40 CFR 148.11
 (1988), both as amended at 53 Fed.
 Peg.
 28155
 (July
26,
 1988).
 USEPA made technical corrections at 54 Fed; Peg. 25422
 (June
 14,
1989).
 The effect of these corrections
 is to delete subsections
 148.10(c)(4)
and 738.ll(b)(4)
 (corresponding to 35
 Ill. Adm. Code 738.l10(c)(4)
 and
738.111(b) (4)), which refer to treatability variances at 40 CFR 268.44
(adjusted treatment standards at 35 Ill. Adm. Code 728.144).
 USEPA replaces
this with
 language at subsections l48.10(c)(1)
 and l48.1l(b)l)
 (corresponding
to 35
 111. Adm. Code 738.l10(c)(l) and 738.111(b)(1))
 that,
 in the opinion of
USEPA, would achieve the same result.
 This revised language allows exception
from the ban if the wastes are treated to meet the standards of 40 CFR 268,
Subpart D
 (corresponding to 35
 Ill. Adm. Code 738.Subpart D).
The Board adopts parallel
 amendments to the corresponding portions of
subsections 738.110(c)
 and 738.111(b).
 The Board also updates the Board Notes
to these Sections.
Section 738.114
 Waste Specific Prohibitions
 —
 First Third Wastes
Section 738.114 derives from 40 CFR 148.14, as added at
 53 Fed. Peg.
30918
 (August
 16,
 1988).
 USEPA amended 40 CFR 148.14 at
 54 Fed. Peg. 25423
(June
 14,
 1989),
 54 Fed,
 Beg.
 26647
 (June
 23,
 1989),
 and 54
 Fed. Beg. 35328
(August 25,
 1989).
 The effect of the June 14 and 23 amendments
 is to complete
the listing of First Third Wastes restricted from underground injection, which
USEPA initiated on August
 16,
 1988.
 The ban on some
 of these wastes,
 now
listed as
 40 CFR 148.14(a),
 (b),
 and
 (c)
 (proposed
 35
 Ill. Adm,
 Code
738.114(a),
 (b), and
 (c)) took effect June 7
 and 8,
 1989.
 The ban on the
others,
 now listed as 40 CFR 148.14(c) and
 (f)
 (proposed 35
 Ill. Adm. Code
111—497
10
738.114(e)
 and
 (f)) will take effect on June
 7 and
 8,
 1991.
 The amendments of
August 25 corrected an error at 40 CFR 148.14(a)
 (corresponding to 35 Ill.
Adxn. Code 738.114(a)) with regard to K101 and K102 wastes.
 The prohibition
against injection of these two wastes will now affect only KlOl and K102
nonwastewater wastes containing less than one percent total arsenic and all
wastewaters.
 USEPA will later promulgate a date for the banon
 K101 and K102
nonwastewater wastes with an arsenic content greater than or equal to one
percent.
The Board adopts corresponding amendments to Section 738.114.
 However,
the Board slightly revises the federal text.
 The Board’s amendments delete
the past effective dates
 from subsections
 (a),
 (b), and
 (c).
 Aside from the
format change noted above, the Board’s amendments
 also include a small number
of grammatical and punctuation revisions
 (i.e. using
 “one percent” in place of
“1”,
 inserting “those” where
 necessary, changing
 “numbers” to “number”
 where
only one waste
 is listed, and using
 “through’S
 instead of listing the several
subsections).
 The Board invited comment on these revisions to the federal
text and received none.
 The Board also updates the Board Note to this
Section.
Section 738.115
 Waste Specific Prohibitions
 —
 Second Third Wastes
Section 738.116
 Waste Specific Prohibitions
 —
 Third Third Wastes
Sections 738.115 and 738.116 derive from 40 CFB 148.15 and 148.16, as
added at
 54 Fed. Peg. 25423
 (June
 14,
 1989)
 and amended at 54 Fed. Peg. 26647
(June 23,
 1989).
 New 40 CFR 738.115 lists Second Third Wastes prohibited from
underground injection.
 New Section 738.116 lists the
 initial Third Third
Wastes similarly prohibited.
 Similarly to 40 CFR 738.114, which
 lists the
First Third Wastes,
 40 CFR 738.115 and 40 CFR 738.116 both List past effective
dates,
 and they both list the same conditions under which the prohibitions do
not
 apply.
The Board adopts 35 Ill. Adm. Code 738.115 and 738.116 to correspond
with the new federal sections.
 However,
 the Board slightly revises the
federal text of both sections.
 These revisions are similar to those made to
the Section 738.114 language, with only one large deletion of federal text.
One prohibition at 40 CFB 148.15(c) was for a temporary period already past.
In the course of deleting past effective dates from the
 federal text,
 the
Board deleted this entire prohibition.
 Aside
 from this,
 and those grammatical
and punctuation revisions of the type noted
 for Section 738.114, the Board
also adds “from underground injection” to clarify the subsection 738.115(c)
prohibition.
 The Board invited comment on these revisions to the federal text
and received none.
 The Board also updates the Board Notes to these Sections.
IT IS SO ORDERED.
111—498
11
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do
hereby certify that the above Opinion of the Board was adopted on the
________
day of
__________,
 1990,
 by a vote
of
 7
 C
g
 72
,~.
Dorothy
 M. G~n, Clerk
Illinois Po~lutionControl Board
111—499