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