ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1993
    IN THE MATTER OF:
    RCRA UPDATE, USEPA REGULATIONS
    )
    R93-4
    (7/1/92
    12/31/92)
    )
    (Identical in Substance
    )
    Rules)
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a Joint Motion for
    Inclusion by the Illinois Environmental Protection Agency and
    Envirite Corporation. The motion asks the Board to include in
    this docket, or another, language incorporating by reference the
    recently published United States Environmental Protection Agency
    (USEPA) manual, Petitions to Delist Hazardous Wastes: A Guidance
    Manual Second Edition, March 1993. EPA 530-R-93-007 (Document
    number PB 93—169 365) (58 Fed. Reg. 19250, April 13, 1993)
    .
    The
    first edition of the manual is currently incorporated by
    reference in the Board rules at 35 Iii. Adm. Code 720.111 and
    referenced in Section 720.122. This motion asks the Board to
    adopt the second edition of the delisting manual in R93—4.
    For the reasons stated below the Agency’s motion is granted.
    The Board today proposes to include the requested change in this
    docket at the time of it’s adoption.
    Petitioners state that Envirite intends to file a delisting
    petition with the Board in the near future. Pursuant to 35 Ill.
    Adm. Code 106.714, the Agency must file a response not later than
    thirty days after the filing to the petition. Petitioners assert
    that USEPA has advised them that the second edition of the
    delisting manual should be used in lieu of the first edition for
    delisting petitions.. The parties are currently conducting
    discussions concerning the petition and are uncertain as to what
    edition of the manual to use for guidance.
    Board telephone conversations with USEPA personnel indicate
    that USEPA recommends the use of the second edition of the
    manual. The Board adopted the proposed Order in R93—4 on May 27,
    1993. The Order will soon appear in the Illinois Register,
    probably on June 25, 1993. At this time, it is too late to
    include the incorporation of the second edition of the manual
    into the proposed Order. However, the Board must at some point
    incorporate the second edition of the manual because the Board’s
    delisting authority is predicated on the Board’s “paralleling”
    USEPA in it’s technical review procedures. (In The Matter Of:
    Keystone Steel and Wire Company, (February 28, 1991) AS 91—1.)
    Incorporation by reference of the second edition would
    normally be adopted by the Board in the next RCRA update covering
    the time period of January 1, 1993 to June 30, 1993. However, it
    is consistent with past Board practice to adopt an amendment
    01
    ~3-O375

    2
    outside the normal batch period in the interests of clarity and
    to avoid the adoption of an incorrect, contradictory or
    incomplete rule. In addition, it is consistent with past Board
    practice to adopt, in response to public comment, an amendment
    within a final Order and Opinion that did not appear in the
    proposed Order and Opinion, particularly where to do so will
    avoid confusion or hardship to the regulated community.
    The Board hereby proposes to adopt the second edition of the
    manual with the adoption of the final Order and Opinion. The
    Board adopts this Order to notify the public and the regulated
    community of this proposed amendment. Any public comment
    concerning this matter should be made within the normal course of
    public comment in this docket.
    The incorporation of the second edition will not be final
    until such time as the Board formally incorporates the second
    edition into the Board’s rules. The Board would accordingly
    defer decision in any delisting petition filed until adoption of
    the R93-4 rules. We do not believe that this will result in any
    delay in processing petitions, as we presently anticipate
    finalizing these rules in late summer or early fall of this year.
    The Board will accept written public comment on this
    proposed amendment for a period of 45 days after the date of
    publication of R93-4 in the Illinois Register. Comments should
    reference Docket R93—4 and be addressed to:
    Ms. Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center, Suite 11—500
    100 W. Randolph St.
    Chicago, IL 60601
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board,~fl~ebycertify th the above order was adopted on the
    //~—“~ day of
    __________________,
    1993, by a vote of
    .7,
    —0
    .
    2
    Dorothy N. G3~n, Clerk
    Illinois Po~ution Control Board
    01
    L~3-0376

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