ILLINOIS POLLUTION CONTROL BOARD
October 16, 1992
IN THE MATTER OF:
)
)
UIC UPDATE, USEPA REGULATIONS
)
R92-13
(1/1/92
—
6/30/92)
)
(Identical in Substance
Rules)
Proposal for Public Comment.
PROPOSED OPINION AND ORDER OF THE BOARD (by J. Anderson):
By a separate Order, pursuant to Section 7.2, 13(c) and
22.4(a) of the Environmental Protection Act (Act), the Board is
proposing to amend the UIC underground injection control
regulations. The ainendiuents involve 35 Ill. Adm. Code 738.101
and 738.110. The Board will receive written public comment for
45 days after the date of publication of the proposed rules in
the Illinois Register.
The Board has indicated at a number of points below that it
“solicits comment” on certain aspects of the proposal. This is
not intended to in any way limit the issues on which persons may
comment. If the Board receives no comment on an issue, the Board
will assume that its proposed resolution of the issue is
acceptable.
Section 13(c) of the Act governs adoption of regulations
establishing the UIC program in Illinois. Section 13(c) provides
for quick adoption of regulations which are “identical in
substance” to federal regulations; Section 13(c) provides that
Title VII of the Act and Section 5 of the Administrative
Procedure Act shall not apply. 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 146 and 148. This rulemaking
updates Illinois’ UIC rules to correspond with federal amendments
during the period January 1 through June 30, 1992. The USEPA
actions during this period are as follows:
57 Fed. Req. Date
SuinBlarV
1109
Jan. 10, 1992
Approval of water—brine
interface mechanical
integrity test.
8088
Mar. 6, 1992
Third-third corrections.
0136-071+9
2
EXTENSION OF TIME ORDERS
Section 7.2(b) of the Act requires that identical in
substance rulemakings be completed within one year after the
first USEPA action in the batch period. If the Board is unable
to do so it must enter an “extension of time” Order. The
earliest USEPA action in the Docket was January 10, 1992. The
Board anticipates no difficulty in finalizing this proposal
before January 10, 1993.
REGULATORY HISTORY
The complete history of the RCRA and UIC rules appears at
the end of this opinion. While a short form of reference to the
adopting opinions will be used in the body of this opinion,
complete citations are included in the history.
PART 730
UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS
SUBPART A:
GENERAL
Section 730.108
Mechanical Integrity (Not Amended)
This Section is drawn from 40 CFR 146.8. It governs
“mechanical integrity” tests for injection wells. USEPA approved
the use of the “water-brine interface” mechanical integrity test
for Class III salt solution mining injection wells, at 57 Fed.
Reg. 1109, January 10, 1992. The “approval” did not include any
amendment to the rule. This raises a question as to what sort of
actionUSEPAthe Boardgrantedoughtinterimto takeapprovalin responsefor
thistotestthe atapproval.54 Fed.1 Reg.
34169, August 18, 1989. The Board addressed the approval in R89-
11, at p. 8. In that Docket, the Board had proposed to take no
action, but set forth the alternative of incorporating the test
approval by reference. The Board received no comment, and made
no change in response to the USEPA action.
Section 730.108(d) provides for Agency approval of
alternative tests of mechanical integrity. If someone wants to
use the water-brine interface test in Illinois, the person can
apply to the Agency for approval. USEPA’s approval of the test
would certainly bear on the Agency’s action.
~-Section13(c) of the Act requires the Board to take action
based on “regulations” adopted by USEPA. (Order of August 13,
1992, in R92-l6, the Cabot Corporation petition for a site-
specific “no migration exemption”.)
0136-0750
3
PART 738
HAZARDOUS WASTE INJECTION RESTRICTIONS
SUBPART A: GENERAL
738.101 Purpose Scope and Applicability
This Section is drawn from 40 CFR 148.1, which was amended
at 57 Fed. Reg. 8088, March 6, 1992, in connection with the
current round of corrections to the “third third” land disposal
bans. Subsection (d) has been amended to allow disposal of
treated characteristic waste into nonhazardous waste wells only.
The text of the Board amendment is as follows:
d) Wastes that are hazardous only because they
exhibit a hazardous characteristic, and which are
not otherwise prohibited from injection under this
Part, are not prohibited from injection if the
wastes:
1) Are disposed into a nonhazardous or hanardou~
waste injection well defined under 35 Ill.
Adm. Code 730.106(a); and
2) Do not exhibit any prohibited characteristic
of hazardous waste identified in 35 Ill. Adm.
Code 721.Subpart C at the point of injection.
This amendment could be read as prohibiting the injection of
nonhazardous waste into a hazardous waste injection well. The
Board Bolicits comment as to whether this is intended.
SUBPART B: PROHIBITIONS ON INJECTION
Section 738.110
Waste Specific Prohibitions
—
Solvent Wastes
This Section is drawn from 40 CFR 148.10, which was also
amended at 57 Fed. Reg. 8088, March 6, 1992, in connection with
the “third third” corrections. The amendment corrects entries to
40 CFR 148.10, Table A. That table does not appear in the Board
rule, for reasons which are rather involved.
The Board adopted this Section in R89-2, and amended it
pursuant to USEPA corrections in R89-11. USEPA then amended its
rule, adding the Tables, with the third third rules and (first)
corrections at 55 Fed. Reg. 22521, June 1, 1990, and 56 Fed. Reg.
3864, January 31, 1991. The Board addressed these in R90—142.
2There is some potential confusion here, since the January
31, 1991, corrections came after the normal batch period for R90-
14. The Board addressed the corrections ahead of time, in order
to avoid adopting an incorrect rule. The corrections would
0136-0751
4
(Opinion, p. 10). By this time, 40 CFR 148.10 had evolved into a
very complex rule with numerous delayed effective dates, which
had already passed by the time of Board action. The Board noted
that, with the effective dates removed, the rule collapsed into a
simple ban. Since these dates had already passed, the Board
adopted the simple version of the rule. The Tables were not
adopted, since they served only to differentiate among wastes
subject to different effective dates.
The March 6, 1992, Federal Register is a correction to the
third third corrections. Since it affects only the Table, which
is not present in the Board rule, there is no need to amend the
Section. The Board will, however, update the Board Note, to show
that the rule is derived from the CFR, as amended:
BOARD NOTE: Derived from 40 CFR 148.10 (1990) (1991L.
as amended at 57 Fed. Req. 8088. March 6. 1992.
HISTORY OF RCRA and UIC ADOPTION
The Illinois RCRA and UIC (Underground Injection Control)
regulations, together with more stringent State regulations
particularly applicable to hazardous waste, include the
following:
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
738
Injection Restrictions
Special procedures for RCRA cases are included in Parts 102,
103, 104 and 106.
normally have been addressed in R91-16, which the Board dismissed
on December 6, 1991. The Order stated that USEPA did not amend
its rules during the batch period, without noting that the
corrections had been addressed in a prior Docket.
0136-0752
5
Adoption of these regulations has proceeded in several
stages. The Phase I RCRA regulations were adopted and amended as
follows:
R81—22 45 PCB 317, February 4, 1982, 6 Ill. Reg. 4828,
April 23, 1982.
R82—18 51 PCB 31, January 13, 1983, 7 Iii. Reg. 2518,
March 4, 1983.
Illinois received Phase I interim authorization on May 17,
1982 (47 Fed. Reg. 21043).
The UIC regulations were adopted as follows:
R81—32 47 PCB 93, Nay 13, 1982; October 15, 1982, 6 Ill.
Reg. 12479.
The UIC regulations were amended in R82-l8, which is
referenced above. The UIC regulations were also amended in R83—
39:
R83—39 55 PCB 319, December 15, 1983; 7 Ill. Reg. 17338,
December 20, 1983.
Illinois received UIC authorization February 1, 1984. The
Board has updated the UIC regulations:
R85—23 70 PCB 311, June 20, 1986; 10 Ill. Reg. 13274,
August 8, 1986.
R86—27 Dismissed at 77 PCB 234, April 16, 1987 (No USEPA
amendments through 12/31/86).
R87—29 January 21, 1988; 12 Ill. Reg. 6673, April 8,
1988; (1/1/87 through 6/30/87).
R88—2
June 16, 1988; 12 Ill. Reg. 13700, August 26,
1988. (7/1/87 through 12/31/87).
R88—17 December 15, 1988; 13 Ill. Reg. 478, effective
December 30, 1988. (1/1/88 through 6/30/88).
R89—2
January 25, 1990; 14 Ill. Reg. 3059, effective
February 20, 1990 (7/1/88 through 12/31/88).
R89—ll May 24, 1990; 14 Ill. Reg. 11948, July 20, 1990,
effective July 9, 1990. (1/1/89 through
11/30/89)
R90—5
Dismissed March 22, 1990 (12/1/89 through
12 /3 1/89)
0136-0753
6
R90—14 Adopted May 23, 1991; 15 Ill. Reg. 11425,
effective July 24, 1991 (1/1/90 through 6/30/90)
R91—4
Dismissed February 28, 1991 (7/1 through 12/31/90)
R91—16 Dismissed Deôember 6, 1991 (1/1 through 6/30/91)
R92—4
Dismissed April 9, 1992 (7/1/91 through 12/31/91)
R92-13 This Docket (1/1/92 through 6/30/92)
The Phase II RCRA regulations included adoption of Parts 703
and 724, which established the permit program and final TSD
standards. The Phase II regulations were adopted and amended as
follows:
R82—l9 53 PCB 131, 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.
On September 6, 1984, the Third District Appellate Court
upheld the Board’s actions in adopting R82-19 and R83—24.
(Commonwealth Edison et al. v. IPCB, 127 Ill. App. 3d 446; 468 NE
2d 1339 (Third Dist. 1984).)
The Board updated the RCRA regulations to correspond with
USEPA amendments in several dockets. The period of the USEPA
regulations covered by the update is indicated in parentheses:
R84—9
64 PCB 427, June 13, 1985; 9 Ill. Req. 11964,
effective July 24, 1985. (through 4/24/84)
R85—22 67 PCB 175, 479, December 20, 1985 and January 9,
1986; 10 Ill. Reg. 968, effective January 2, 1986.
(4/25/84
——
6/30/85)
R86—l
71 PCB 110, July 11, 1986; 10 Ill. Reg. 13998,
August 22, 1986. (7/1/85
——
1/31/86)
R86—19 73 PCB 467, October 23, 1986; 10 Ill. Reg. 20630,
December 12, 1986. (2/1/86
——
3/31/86)
R86—28 75 PCB 306, February 5, 1987; and 76 PCB 195,
March 5, 1987; 11 Ill. Reg. 6017, April 3, 1987.
Correction at 77 PCB 235, April 16, 1987; 11 Ill.
Reg. 8684, May 1, 1987. (4/1/86
——
6/30/86)
R86—46 July 16, 1987; August 14, 1987; 11 Ill. Reg.
13435. (7/1/86 ——9/30/86)
0136-0751+
7
R87—5
October 15, 1987; 11 Ill. Reg. 19280, November
30, 1987. (10/1/86
——
12/31/86)
R87—26 December 3, 1987; 12 Ill. Reg. 2450, January 29,
1988. (1/1/87
——
6/30/87)
R87—32 Correction to R86—1; September 4, 1987; 11 Ill
Req. 16698, October 16, 1987.
R87—39 Adopted June 14, 1988; 12 Ill. Reg. 12999,
August 12, 1988. (7/1/87
——
12/31/87)
R88—16 November 17, 1988; 13 Ill. Reg. 447, effective
December 28, 1988 (1/1/88
——
7/31/88)
R89-1
September 13, October 18 and November 16, 1989;
13 Ill. Reg. 18278, effective November 13, 1989
(8/1/88
——
12/31/88)
R89—9
March 8, 1990; 14 Ill. Reg. 6225, effective April
16, 1990 (1/1/89 through 6/30/89)
R90—2
July 3 and August 9, 1990; 14 Ill. Req. 14401,
effective August 22, 1990 (7/1/89 through
12/31/89)
R90—1O August 30 and September 13, 1990; 14 Ill. Reg.
16450, effective September 25, 1990
(TCLP
Test)
(1/1/90 through 3/31/90)
R90—11 April 11, May 23, 1991; 15 Ill. Reg. 9323,
effective June 17, 1991 (Third Third) (4/1/90
through 6/30/90); Corrected August 8, 1991;
Uncorrected August 22, 1991.
R90-l7 Delisting Procedures (See below)
R91—1
August 8, 1991; 15 Ill. Reg. 14446, effective
September 30, 1991 (Wood Preserving) (7/1/90
through 12/30/90)
R91-13 April 9, 1992; Boilers and Industrial Furnaces
(BIFs) (1/1/91 through 6/30/91)
R91-26 Wood Preserving Compliance Dates; January 9, 1992;
16 Ill. Req. 2600, effective February 3, 1992.
R92—1
September 17, 1992 (7/1/91 through 12/31/91)
R92—10 Proposed October 16, 1992 (1/1/92 through 6/30/92)
0136-0755
8
Illinois received final authorization for the
RCRA
program
effective January 31, 1986.
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. Reg. 24562,
effective December 11, 1984.
This was repealed by R85-22, which included adoption of
USEPA’s dioxin listings. Section 22.4(d) was repealed by S.B.
1834.
The Board has adopted USEPA delistings at the request of
Amoco, Envirite and USX:
R85—2
69 PCB 314, April 24, 1986; 10 Ill. Reg. 8112,
effective May 2, 1986.
R87—30 June 30, 1988; 12 Ill. Reg. 12070, effective July
12, 1988.
R9l—12 December 19, 1991; 16 Ill. Reg. 2155, Effective
January 27, 1992 (USX)
The Board has modified the delisting procedures to allow the
use of adjusted standards in lieu of site-specific rulemakings:
R90—17 February 28, 1991; 15 Ill. Reg. 7934, effective
May 9, 1991
The Board has granted a delisting by way of adjusted
standard:
AS91-1 Keystone, February 6, 1992
The Board has procedures to be followed in cases before it
involving the RCRA regulations:
R84-10 62 PCB 87, 349, December 20, 1984 and January 10,
1985; 9 Ill. Req. 1383, effective January 16,
1985.
The Board also adopted in Part 106 special procedures to be
followed in certain determinations. Part 106 was adopted in R85-
22 and amended in R86-46, listed above.
The Board has also adopted requirements limiting and
restricting the landfilling of liquid hazardous waste, hazardous
wastes containing halogenated compounds and hazardous wastes
generally:
0136-0756
9
R8 1—25
R83—28
RB 6—9
60 PCB 381, October 25, 1984; 8 Ill. Req. 24124,
December 4, 1984;
February 26, 1986; 10 Ill. Reg. 4875, effective
March 7, 1986.
Emergency regulations adopted at 73 PCB 427,
October 23, 1986; 10 Ill. Reg. 19787, effective
November 5, 1986.
The Board’s action in adopting emergency regulations in R86-
9 was reversed (CBE and IEPA v. IPCB et al., First District,
January 26, 1987).
ORDER
The complete text of the proposed rules is as follows and
will appear in the Illinois Register.
The Board will receive
written public comment for 45 days after the date of publication
of the proposed rules in the Illinois Register.
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER d: UNDERGROUND INJECTION CONTROL
AND
UNDERGROUND STORAGE
TANK
PROGRAMS
PART 738
HAZARDOUS WASTE INJECTION RESTRICTIONS
SUBPART A: GENERAL
Section
738.101
738.102
738.103
738. 104
738. 105
Section
738. 110
738. 111
738. 112
738. 114
738.115
738. 116
Section
738.120
738.121
Purpose Scope and Applicability
Definitions
Dilution Prohibited as a Substitute for Treatment
Case—by—Case Extensions of an Effective Date
Waste Analysis
SUBPART B: PROHIBITIONS ON INJECTION
Waste Specific Prohibitions
-
Solvent Wastes
Waste Specific Prohibitions
-
Dioxin
—
Containing
Wastes
Waste Specific Prohibitions
-
California List Wastes
Waste Specific Prohibitions
-
First Third Wastes
Waste Specific Prohibitions
-
Second Third Wastes
Waste Specific Prohibitions
-
Third Third Wastes
SUBPART C:
PETITION STANDARDS
AND
PROCEDURES
Petitions
to Allow Injection of a Prohibited Waste
Required Information to Support Petitions
0136-0757
10
738.122 Submission, Review and Approval or Denial of Petitions
738.123 Review of Adjusted Standards
738.124 Termination of Adjusted Standards
AUTHORITY: Implementing Section 13 and 22.4 and authorized by
Section 27 of the Environmental Protection Act (Ill. Rev. Stat.
1987 1991, cli. 111 1/2, pars. 1013,1022.4 and 1027).
SOURCE: Adopted in R89-2 at 14 Ill. Reg. 3059, effective February
20, 1990; amended in R89—11 at 14 Ill. Reg. 11948, effective July
9, 1990; amended in R90—14 at 15 Ill. Req. 11425, effective July
24, 1991; amended in R92-13 at 16 Ill. Req.
,
effective
SUBPART A:
GENERAL
Section 738.101
Purpose
Scope and Applicability
a) This Part
identifies hazardous wastes that are
restricted from disposal. into Class I hazardous waste
injection wells and defines those circumstances under
which a waste, otherwise prohibited from injection, may
be injected.
b) The requirements of this Part apply to owners or
operators of Class I hazardous waste injection wells
used to inject hazardous waste.
C)
Wastes otherwise prohibited from injection may continue
to be injected:
1) If an
extension from the effective date of a
prohibition has been granted pursuant to
Section
738.104; or
2)
If
an adjusted standard has
been granted in
response to a petition filed under Section
738.120; or
3) If the waste is generated by a conditionally
exempt small quantity generator, as defined in 35
Ill. Adm. Code 721.105.
d) Wastes that are hazardous only because they exhibit a
hazardous characteristic, and which are not otherwise
prohibited from injection under this Part, are not
prohibited from injection if the wastes:
1) Are disposed into a nonhazardous or ha~ardouo
waste injection well defined under 35 Ill. Adm.
Code 730.106(a); and
U 136-0758
11
2) Do not exhibit any prohibited characteristic of
hazardous waste identified in 35 Ill. Adm. Code
721.Subpart C at the point of injection.
BOARD NOTE: Derived from 40 CFR 148.1 -(1990)
(1991). as amended at 57 Fed. Req. 8088.
Karch 6. 1992.
(Source:
Amended at 16 Ill. Reg.
,
effective
SUBPART B: PROHIBITIONS ON INJECTION
Section 738.110
Waste Specific Prohibitions
—
Solvent Wastes
a)
The spent solvent wastes specified in
35 Ill. Adin. Code
721.131 by the following EPA Hazardous Waste numbers
are prohibited from
underground injection:
FO 01
FO 02
FO 03
F004
FO 05
b)
The requirements of subsection (a) do not apply:
1) If the
wastes meet or are treated to meet the
standards of 35 Ill. Adm. Code 728.Subpart D; or
2) If an adjusted
standard has been granted in
response to a petition under Subpart C; or
3) During the period of extension of the applicable
effective date if an extension has been granted
under Section 738.Subpart D.
BOARD NOTE: Derived from 40 CFR 148.10 (1990)
(1991). as amended at 57 Fed. Req. 8088.
March 6. 1992.
(Source: Amended at 16 Ill. Reg.
,
effective
)
0136-0759
12
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify tj~at the above r~p~sedopinion and order
was adopted on the /~
~—
day of
_____________, 1992,
by a
vote of 7~
~
Dorothy M.,’G~nn, Clerk
Illinois P\ojlution Control Board
0136-0760
