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