ILLINOIS POLLUTION CONTROL BOARD

October 10, 1985

IN THE MATTER OF:

RCRA

UPDATE, USEPA REGULATIONS )

R85—22

(4/24/84 THROUGH 6/30/85)

PROPOSED RULE. PUBLICATION FOR PUBLIC COMMENT.

ORDER OF

THE BOARD (by J~ Anderson):

By

this Order, pursuant to Section

22,4(a) of

the

Environmental Protection Act (Act),

the Board is proposing

Lo

amend the RCRA regulations and is providing

notice in the

Illinois

~

for public comment,

pursuant to 35 ilL

Adm.

Code

102.103 (see R84—10, Order of

December 20, 1984),

CONTENTS OF PROPOSAL

On October 1, 1985, the Illinois

Environmental

Protection

Agency

(Agency) filed with the Board a

rough draft of a proposal

to update

the RCRA regulations. The Agency’s

draft also included

an update

of the UIC regulations (35 Ill,

Adm, Code 704); these

will be

addressed in Docket R85—23, which has

been reserved by

the Board

today. The Agency~ssubmittal

is on fiie in the

Clerk’s

office, The draft was

electronically transmitted into

the Board’s word processing equipment for

editing. The Board

believes all transmission problems have been corrected.

This Board proposal is an edited version of the Agency’s

draft, The Board notes that this proceeding

is related to the

State’s RCRA authorization and, thus, adopted rules must be

submitted to the USEPA by the end of December, Therefore, in

order to meet this deadline, the

Board has not fully deliberated

this proposal at this time; its

deliberations will continue

during the

comment period. The Board also emphasizes that,

because of

the tight timetable, it

will be unable to extend the

45—day public comment period.

Section 22,4 of the Act governs

adoption of regulations

establishing the RCRA hazardous waste

program in Illinois,

Section

22,4(a) provides for quick adoption

of regulations

which

are “identical

in substance’~ to

federal regulations. Neither

Title

VII of the Act nor Section

5 of the Administrative

Procedure

Act applies to rules

adopted under Section 22.4(a).

Because

this rulemaking is not subject

to Section 5 of the

Administrative

Procedure Act, it is not

subject

to

review by

the

Joint

Committee on Administrative Rules (JCAR), The federal RCRA

regulations

are found at 40 CFR 260 through 265. Permitting

procedures

have been moved from 40 CFR 122 etseg. to 40 CFR 270

et seq.

This rulemaking updates Illinois’ RCRA

rules

to

correspond

with federal amendments adopted April 24, 1984 through

June

30,

1985, The Federal Registers utilized

are

as follows:

66~103

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—2—

49 FR 19922

May 10, 1984

(Hz 9)

49 FR 20138

May 11, 1984

(Hz 10)

49 FR 21678

May

22, 1984

(Hz 22)

49 FR 23284

June 5, 1984

(Hz 11)

49 FR 37066

September 21, 1984

(Hz 12)

49 FR 44978

November 13, 1984

(Hz 13)

49 FR 45304

November 15, 1984

(Hz 23)

49 FR 46094

November 21, 1984

(Hz 14)

49 FR 47390

December 4, 1984

(Hz 15)

49 FR 49568

December 20, 1984

(Hz 16)

50 FR 614

January 4, 1985

(Hz 17)

50 FR 1978

January 14, 1985

(Hz 18)

50 FR 4513

January 31, 1985

(Hz 24)

50 FR 14216

April 11, 1985

(Hz 19)

50 FR 16044

April 23, 1985

(Hz 20)

50 FR 18370

April 30, 1985

proposal as exhibits with the number indicated.

HISTORY

OF flA

ADOflION

The Illinois RCM and DXC rules, together with more

stringent state rules particularly applicable to hazardous waste,

include the following:

702

RCRA and DXC Permit Programs

703

RCRA Permit Program

704

DXC 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

729

Landfills: Prohibited Wastes

730

UIC Operating Requirements

Special procedures for RCRA cases are included in Parts 102,

103

and

104. This proposal involves additional procedures to be

added to Part 106.

Adoption of these rules has proceeded in several stages.

R82—18, 51 P~S31, January 13, 1983, 7 Ill.

Reg. 2518, March 4, 1983.

68-104

---

—3—

Illinois received Phase I interim authorization on May 17,

1982 (47 Fed. Reg. 21043),

The UIC rules were adopted as follows:

R8l~32,

47 PCB

93, 6 Ill.

Reg, 12479.

The UIC rules were amended in R82~i8,which is reEerenced

above. Illinois received UIC authorization February 1~, 1984,

The Phase 11 RCRA rules included

adoption of

Parts 703 and

724, which established the permit program and final TSD

standards. The Phase II rules have been

adopted arid amended,

but

authorization has not been received:

R82~19, 53 PCB 31, July

26,

1983, 7 Ill. Reg.

13999, October 28, 1983.

R83—24, 55 PCB 31, December 15, 1983, 8 Ill.

Reg. 200, January 6, 1984.

R84—9, June 13, 1985; 9 Ill. Req. 11964,

effective July 24, 1985.

On September 6, 1984, the Third District Appellate Court

upheld the Board~sactions in adopting R82—l9 and R83—24.

(Commonwealth Edison et al, v. IPCB.)

The Board added to the federal listings of hazardous waste

by listing dioxins pursuant to Section 22.4(d) of the Act:

R84—34, November 21, 1984; 8 Ill. Reg. 24562,

effective December 11, 1984.

The Board has adopted procedures to be followed in cases

before it involving the RCRA rules:

R84—lO, December 20,

1984, and

January 10,

1985.

The Board has also adopted requirements limiting and

restricting the landfilling of liquid hazardous waste and

hazardous wastes containing halogenated compounds:

R81—25, October 25, 1984; 8 Ill, Reg. 24124,

December 4, 1984;

R83—28, December 20, 1984, and January 10,

1985, 9 Ill, Reg. 730.

SPECIFIC REQUEST FOR COMMENT

The Board~s review, to date, has

disclosed some important

questions

relating to the manner in which the federal RCRA

66~105

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—4—

program is to be implemented in Illinois. Most of these Involve

the definitions of “boiler” and “industrial furnace,” the

procedures at Section 720.130 et~~ and the additional

regulation of recycled waste at Section 720.140. The Board

solicits comments on these mechanisms for making such

determinations. Also, the Board notes that alternative

determinations for industrial furnaces are handled by a diUereat

mechanism under the federal rule. Additionally, reya~ding

Section 725.322, the Board requests comments as to what standards

should be used (or are being used by USEPA) to determine what

constitutes a qualified engineer or chemist.

The text of the proposed rules will

be published in the

Iliinois Register comments will be accepted for 45 days after

publication. The full text is also on file in the Clerk~s

0

tice.

IT IS SO

ORDERED.

I, Dorothy M, Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

/~“-

day of ~

,

1985, by

a vote of

‘T7~—~~

~rot~M.Gnn,Clerk~

Illinois Pollution Control Board

66~1O6