HEEIVED
CLERKS
OFFICE
iAN
1
‘62009
OFFICE
OF
THE
SECRETARY
OF
STAT
JESSE
WHITE
•
Secretary
of State
1/9/2009
POLLUTION
CONTROL BOARD
JAMES
R
THOMPSON
CENTER
100
W
RANDOLPH ST
STE
11-500
JOHN
THERRIAULT ASSISTANT
CLERK
CHICAGO,
IL
60601
Dear JOHN
THERRIAULT ASSISTANT
CLERK
Your rules
Listed
below
met our
codification
standards
and have
been
published
in
Volume
33,
Issue
3
of the
Illinois
Register,
dated
1/16/2009.
ADOPTED
RULES
Identification
and Listing
of
Hazardous
Waste
35
III. Adm.
Code 721
Page
986
Point
Of Contact:Michael
McCambridge
Primary
Drinking
Water
Standards
35
III. Adm.
Code
611
Point
Of Contact:Michael McCambridge
Standards
for Owners
and
Operators
of Hazardous
Waste
Treatment,
Storage, and
Disposal
Facilities
35
III.
Adm.
Code
724
Page 1106
Point
Of
Contact:Michael
McCambridge
Interim
Status
Standards
for
Owners
and Operators
of Hazardous
Waste Treatment,
Storage,
and
Disposal
Facilities
35111.
Adm.
Code 725
Page
1155
Point
Of Contact:Michael
McCambridge
Land
Disposal
Restrictions
35111.
Adm.
Code
728
Page
1186
Point Of
Contact:Michael
McCambridge
Hazardous
Waste
Management
System:
General
35
III. Adm,
Code 720
Page
922
Point
Of Contact:Michael
McCambridge
If you
have
any
questions,
you
may contact
the
Administrative
Code
Division
at
(217)782-7017.
Page
633
7
Index
Department
- Administrative
Code Division
- 111
East
Monroe
Springfield,
IL 62756
iTh,
ILLINOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
1)
Heading
of the
Part:
Hazardous
Waste
Management
System: General
2)
Code
citation:
35
Ill.
Adm.
Code
720
3)
Section
numbers:
Adopted action:
720.110
Amend
720.111
Amend
720.122
Amend
4)
Statutory
authority:
415
ILCS
5/7.2,
13,
22.4,
and
27.
5)
Effective
date
of amendments:
DEC
3
6)
Does
this
rulemaking
contain
an
automatic
repeal
date?:
No.
7)
Do
these
amendments
contain
incorporations
by
reference?
Yes.
35
Ill.
Adm.
Code
720.111
is
the
centralized
location
of
all
incorporations
by
reference for
the
purposes
of
the
hazardous
waste
and
underground
injection
control
regulations
of
35
Ill.
Adm.
Code
702
through
705,
720
through
728,
730,
733,
738,
and
739.
The
present
amendments
update
several
of
the
incorporations
to
include
the
latest
version
of
the
Code
of
Federal
Regulations,
including
citations
to
subsequent
amendments
that
appeared
in
the
Federal
Register,
where
necessary.
The
Board
also
updated
citations
to
the
United
States
Code
to
the
latest
version
of
the
incorporated
provisions.
8)
Statement
of
availability:
The
adopted
amendments,
a copy
of the
Board’s
opinion
and
order
adopted November
20,
2008
in
docket
R09-3,
and
all
materials
incorporated
by
reference are
on
file
at the
Board’s
principal
office
and
are
available
for
public
inspection
and
copying.
9)
Notice
of
proposal
published
in
the
Illinois
Register:
September
26,
2008,
32
Ill.
Reg.
15494
R
ECV2D
2O8
•SOS-COD2
DIV.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
10)
Has
JCAR
issued
a
statement
of
objections
to
these
rules?
No.
Section
22.4(a)
of
the Environmental
Protection
Act
[415
ILCS
5/22.4(a)]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5 ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is not
subject
to
Section
5-35
of
the APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice
review
by the
Joint
Committee
on
Administrative
Rules
(JCAR).
11)
Differences
between
the proposal
and
the
final
version:
A table
that
appears
in
the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3
summarizes
the differences
between
the
amendments
adopted
in
that
order
and
those
proposed
by the
Board
in an
opinion
and
order
dated
September
4, 2008,
in docket
R09-3.
Many
of the
differences
are
explained
in
greater
detail
in
the Board’s
opinion
and
order
adopting
the amendments.
The
differences
are
limited
to
minor
corrections that
arose
during
the public
comment
period.
The
changes
are intended
to
have
no substantive
effect.
The
intent
is
to add
clarity
to
the
rules
without
deviation
from
the
substance
of
the federal
amendments
on
which
this
proceeding
is
based.
12)
Have
all
the changes
agreed
upon
by
the
Board
and
JCAR
been
made
as indicated
in the
agreements
issued
by
JCAR?
Section
22.4(a)
of
the Environmental
Protection
Act
[415
ILCS
5/22.4(a)]
provides
that
Section
5-35
of
the Administrative
Procedure
Act
[5 ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is not
subject
to
Section
5-35
of
the APA,
it
is
not subject
to
First
Notice
or
to
Second
Notice
review
by
JCAR.
Since
the
Notices
of Proposed
Amendments
appeared
in the
September
29,
2008
issue
of
the
Illinois
Register,
the Board
received
a number
of suggestions
for
revisions
from
JCAR.
The
Board
evaluated
each
suggestion
and
incorporated
a number
of
changes
into
the
text
as a result,
as
detailed
in
the opinion
and
order
of
November
20, 2008
in
docket
R09-3,
as
indicated
in
item
11
above.
See
the
November
20,
2008
opinion
and
order
in
docket
R09-3
for additional
details
on
the
JCAR
suggestions
and
the
Board
actions
with
regard
to
each.
One
table
in
that opinion
itemizes
the
changes
made
in
response
to
various
suggestions.
Another
table
indicates
JCAR
suggestions
not
incorporated
into the
text,
with
a
brief
explanation
for
each.
ILLiNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
13)
Will
these
amendments
replace
emergency
amendments
currently
in
effect?
No.
14)
Are
there
any
other
amendments
pending
on this
Part?
No.
15)
Summary
and
purpose
of
amendments:
The
following
briefly
describes
the
subjects
and
issues
involved
in
the
docket
R09-3
rulemaking
of which
the
amendments
to
Part
720
are
a
single
segment.
Also
affected
is
35
Iii.
Adm.
Code
721,
724,
725,
and
728,
which
are
covered
by
a
separate
notice
in
this
issue
of
the
Illinois
Register.
A
comprehensive
description
is
contained
in
the
Board’s
opinion
and
order
ofNovember
20,
2008,
adopting
amendments
in
docket
R09-3,
which
opinion
and
order
is
available
from
the
address
below.
This
proceeding
updates
the
Illinois
Resource
Conservation
and
Recovery
Act
(RCRA)
Subtitle
C
hazardous
waste
rules
to correspond
with
amendments
adopted
by
the
United
States
Environmental
Protection
Agency
(USEPA)
that
appeared
in
the
Federal
Register
during
a single
update
period.
The
docket
and
time
period
that
is involved
in
this
proceeding
is the
following:
R09-3
Federal
RCRA
Subtitle
C
hazardous
waste
amendments
that
occurred
during
the
period
January
1,
2008
through
June
30,
2008.
The
R09-3
docket
amends
rules
in
Parts
720,
721,
724,
725,
and
728.
The
amendments
to
the
various
Parts
are
inter-related.
The
following
table
briefly
summarizes
the
federal
actions
in the
update
period:
January
2, 2008
USEPA
broadened
an existing
exclusion
from
the
(73
Fed.
Reg.
57)
definition
of
solid
waste
for
oil-bearing
secondary
materials that
are
reinserted
into
the
refining
process.
The
exclusion
now
embraces
the
gasification
of
oil-
bearing
secondary
materials
when
they
are
processed
in
a
gasification
system
at
a refinery
for
production
of
synthesis
gas.
April
8,
2008
USEPA
amended
the
October
12,
2005
(70
Fed.
Reg.
(73
Fed.
Reg.
18970)
59402)
Hazardous
Waste
Combustor
Rule.
The
body
of
the
hazardous
waste
combustor
rule
is
codified
as
an air
rule,
at
subpart
EEE
of
40
C.F.R.
63,
and
the
major
portion
of
the
April
8,
2008
amendments
involved
subpart
EEE.
The
HWM
facility
standards
of 40
C.F.R.
ILLINOIS
REGTSTER
POLLUTION
CONTROL
BOARD
NOTICE OF
ADOPTED
AMENDMENTS
264
through
266
include
limited
segments
that
describe
the
interplay
between
the hazardous
waste
combustor
rule
and
the
HWM
facility
standards.
The
April
8,
2008
amendments
included
limited
amendments
to
the
HWM
facility
standards.
In
addition
to
the
federal
actions
that
fall
within
the
timeframe
of this
docket,
the
Board
included
corrections
to
the
amendments
adopted
by
the
Board
in
the prior
updated
docket,
RCRA
Subtitle
C Update.
USEPA
Amendments
(March
5,
2005,
September
8.
2005,
January
1,
2006
through
June
30,
2006),
R07-5,
RCRA
Subtitle
C
Update
(July
1, 2006
through
December
31.
2006),
R07-
14
(June
5, 2008)
(consol.),
in
response
to
comments
from
USEPA
on
that
rulemaking
after
its
adoption.
Specifically,
the
amendments
to
Part
720
implement
segments
of
the
federal
amendments
of
January
2,
2008
and
April
8, 2008.
The
amendments
add
a
definition
that
is
key
to
broadening
the
exclusion
of
oil-bearing
secondary
materials
that
are
reinserted
into
the
refining
process
from
the
definition
of
solid
waste.
The
amendments
also
update
the
incorporation
of
the
hazardous
waste
combustor
rule
(subpart
EEE
of
40
C.F.R.
63)
by
reference.
Tables
appear
in the
Board’s
opinion
and
order
of November
20,
2008
in
docket
R09-3
that
list
numerous
corrections
and
amendments
that
are
not
based
on
current
federal
amendments.
The
tables
contain
deviations
from
the
literal
text
of
the
federal
amendments
underlying
these
amendments,
as
well
as corrections
and
clarifications
that
the
Board
made
in the
base
text
involved.
Persons
interested
in
the
details
of
those
corrections
and
amendments
should
refer
to
the
November
20,
2008
opinion
and
order
in
docket
R09-3.
Section
22.4
of
the
Environmental
Protection
Act
[415
ILCS
5/22.4]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second Notice
review
by
the
Joint
Committee
on
Administrative
Rules
(JCAR).
June
4,
2008
USEPA
amended
the
F019
hazardous
waste
listing
to
(73
Fed.
Reg.
31756)
exempt
wastewater
treatment
sludges
from
zinc
phosphating
when
generated
by a
motor
vehicle
manufacturing
process,
subject
to
limitations.
F019
waste
is
wastewater
treatment
sludge
from
the
chemical
conversion
coating
of
aluminum.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
16)
Information
and
questions
regarding
these adopted
amendments
shall
be
directed
to:
Please
reference
consolidated
docket
R09-3
and direct
inquiries
to
the
following
person:
Michael
J. McCambridge
Staff
Attorney
Illinois
Pollution
Control
Board
100W.
Randolph
11-500
Chicago,
IL
60601
312-814-6924
Request
copies
of
the
Board’s
opinion
and order
of
November
20,
2008
at
312-814-3620.
Alternatively,
you
may
obtain
a
copy of
the Board’s
opinion
and
order
from
the
Internet
at
http://www.ipcb.state.il.us.
The
full
text
of the
adopted
amendments
begins
on
the next
page:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
1)
Heading
of
the Part:
Standards
for Owners
and
Operators
of Hazardous
Waste
Treatment,
Storage,
and
Disposal
Facilities
2)
Code
citation:
35
Iii.
Adm.
Code
724
3)
Section
numbers:
Adopted
action:
724.103
Amend
724.114
Amend
724.154
Amend
724.194
Amend
724.416
Amend
724.440
Amend
724.982
Amend
724.989
Amend
724.Appendix
I
Amend
4)
Statutory
authority:
415
ILCS
5/7.2,
22.4,
and 27.
5)
Effective
date
of amendments:
DEC 30
2O8
6)
Does
this
rulemaking
contain
an
automatic
repeal
date?:
No.
7)
Do
these
amendments
contain
incorporations
by reference?
No.
35
Ill. Adm.
Code
720.111
is
the centralized
location
of all
incorporations
by
reference
for
the purposes
of the
hazardous
waste
and
underground
injection
control
regulations
of
35 Iii.
Adm.
Code
702 through
705,
720
through
728,
730,
733, 738,
and
739.
Although
some
to
the
incorporations
updated
in
35
Iii. Adm.
Code
720.111
relate
to
the requirements
of
Part
724,
the
amendments
to this
Part
do
not
include
themselves
involve
revisions
to
an
incorporation
by
reference.
8)
Statement
of availability:
The
adopted
amendments,
a copy
of
the
Board’s
opinion
and order
adopted
November
20, 2008
in
docket
R09-3,
and all
materials
incorporated
by
reference
are
on file
at the
Board’s
principal
office
and are
available
for
public
inspection
and
copying.
J
L.
SOSCOD
DIV.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
9)
Notice
of
proposal
published
in
the Illinois
Register:
September
26,
2008,
32 Iii.
Reg.
15676
10)
Has
JCAR
issued
a
statement
of
objections
to
these
rules?
No.
Section
22.4(a)
of the
Environmental
Protection
Act
[415
ILCS
5/22.4(a)]
provides
that
Section
5-35
of the
Administrative
Procedure
Act
[5 ILCS
100/5-3
5] does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to Section
5-35
of the
APA,
it
is
not
subject
to First
Notice
or
to
Second
Notice
review
by the
Joint
Committee
on
Administrative
Rules
(JCAR).
11)
Differences
between
the
proposal
and
the final
version:
A
table
that
appears
in
the
Board’s
opinion
and
order
of November
20,
2008
in
docket
R09-3
summarizes
the
differences
between
the
amendments
adopted
in that
order
and
those
proposed
by
the
Board
in
an opinion
and
order
dated
September
4,
2008,
in
docket
R09-3.
Many
of
the
differences
are explained
in
greater
detail
in
the
Board’s
opinion
and
order
adopting
the
amendments.
The
differences
are
limited
to
minor
corrections
that
arose
during
the
public
comment
period.
The changes
are
intended
to
have
no
substantive
effect.
The
intent
is
to
add
clarity
to
the
rules
without
deviation
from
the
substance
of
the
federal
amendments
on
which
this
proceeding
is
based.
12)
Have
all the
changes
agreed
upon
by
the
Board
and JCAR
been
made
as
indicated
in
the
agreements
issued
by
JCAR?
Section
22.4(a)
of the
Environmental
Protection
Act [415
TLCS
5/22.4(a)]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5 ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this rulemaking
is not
subject
to
Section
5-35
of the
APA,
it
is
not
subject
to
First
Notice
or
to Second
Notice
review
by
JCAR.
Since
the Notices
of
Proposed
Amendments
appeared
in
the September
29,
2008
issue
of
the
Illinois
Register,
the
Board
received
a
number
of suggestions
for revisions
from
JCAR.
The
Board
evaluated
each
suggestion
and incorporated
a number
of changes
into
the
text
as a
result,
as
detailed
in
the
opinion
and
order
of
November
20,
2008
in
docket
R09-3,
as
indicated
in item
11
above.
See the
November
20,
2008
opinion
and
order
in
docket
R09-3
for
additional
details
on the
JCAR
suggestions
and
the Board
actions
with
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
regard
to
each.
One
table
in that
opinion
itemizes
the
changes
made
in response
to
various
suggestions.
Another
table
indicates
JCAR
suggestions
not
incorporated
into the
text,
with
a brief
explanation
for each.
13)
Will
these
amendments
replace
emergency
amendments
currently
in
effect?
No.
14)
Are
there
any
other
amendments
pending
on this
Part?
No.
15)
Summary
and
purpose
of
amendments:
The
amendments
to Part
724
are
a
single
segment
of the
docket
R09-3
rulemaking
that
also
affects
35
Ill. Adm.
Code
720,
721, 725,
and
728,
each
of which
is covered
by
a
separate
notice
in
this
issue
of
the
Illinois
Register.
To
save
space,
a
more
detailed
description
of
the subjects
and
issues
involved
in the
docket
R09-3
rulemaking
appears
in
this Illinois
Register
only in
the
answer
to
question
5 in the
Notice
of
Adopted
Amendments
for
35
Iii.
Adm.
Code
720.
A
comprehensive
description
is
contained
in
the
Board’s
opinion
and
order
of
November
20,
2008,
adopting
amendments in
docket
R09-
3, which
opinion
and
order
is available
from
the
address
below.
Specifically,
the amendments
to Part
724
implement
segments
of the
federal
amendments
of April
8,
2008.
The
amendments
revise
segments
of
the
hazardous
waste
management
standards
to
implement
the revisions
to
the hazardous
waste
combustor
rule.
Tables
appear
in
the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3
that
list
numerous
corrections
and
amendments
that
are
not based
on
current
federal
amendments.
The
tables
contain
deviations
from
the
literal
text
of the
federal
amendments
underlying
these
amendments,
as
well
as
corrections
and
clarifications
that
the
Board
made
in
the
base
text
involved.
Persons
interested
in
the
details
of
those
corrections
and amendments
should
refer
to the
November
20,
2008
opinion
and
order
in
docket
R09-3.
Section
22.4
of
the
Environmental
Protection
Act
[415
ILCS
5/22.4]
provides
that
Section
5-35
of the
Administrative
Procedure
Act
[5 ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is not
subject
to
Section
5-35
of
the APA,
it
is
not
subject
to First
Notice
or
to Second
Notice
review
by
the
Joint
Committee
on
Administrative
Rules
(JCAR).
ILLiNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
16)
Information
and
questions
regarding
these
adopted
amendments
shall
be
directed
to:
Please
reference
consolidated
docket
R09-3
and
direct
inquiries
to
the
following
person:
Michael
J.
McCambridge
Staff
Attorney
Illinois
Pollution
Control
Board
100
W.Randolph
11-500
Chicago,
IL 60601
312-814-6924
Request
copies
of
the
Board’s
opinion
and
order
of November
20,
2008
at
312-814-3620.
Alternatively,
you
may
obtain
a
copy
of the
Board’s
opinion
and
order
from
the
Internet
at http://www.ipcb.state.il.us.
The
full
text
of
the
adopted
amendments
begins
on
the
next
page:
—--—s
‘
‘
%_.1
‘
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
1)
Heading
of
the
Part:
Interim
Status
Standards
for
Owners
and
Operators
of
Hazardous
Waste Treatment,
Storage,
and
Disposal
Facilities
2)
Code
citation:
35
Ill.
Adm.
Code
725
3)
Section
numbers:
Adopted
action:
725.114
Amend
725.154
Amend
725.176
Amend
725.416
Amend
725.93
3
Amend
4)
Statutory
authority: 415
ILCS
5/7.2,
22.4,
and
27.
5)
Effective
date of
amendments:
DEC
30
2008
6)
Does
this rulemaking
contain
an
automatic
repeal
date?:
No.
7)
Do
these
amendments
contain
incorporations
by
reference?
No.
35
Iii.
Adm.
Code 720.111
is
the
centralized
location
of
all
incorporations
by
reference
for
the
purposes
of
the
hazardous
waste
and
underground
injection
control
regulations
of
35
III.
Adm.
Code
702
through
705,
720
through
728,
730,
733,
738,
and
739. Although
some
to
the
incorporations
updated
in
35
Ill.
Adm.
Code
720.111
relate
to
the
requirements
of
Part
725,
the
amendments
to
this
Part
do
not
include
themselves
involve
revisions
to
an
incorporation
by
reference.
8)
Statement
of
availability:
The
adopted
amendments,
a
copy
of
the
Board’s
opinion
and order
adopted
November
20,
2008
in
docket
R09-3,
and
all
materials
incorporated
by
reference
are
on
file
at
the
Board’s
principal
office and
are available
for
public
inspection
and
copying.
9)
Notice
of
proposal
published
in
the
Illinois
Register:
September26,
2008,32111.
Reg.
15724
flLdI
cED
SOS-CODE DIV.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
10)
Has
JCAR
issued
a
statement
of
objections
to
these
rules?
No.
Section
22.4(a)
of
the
Environmental
Protection
Act
[415
ILCS 5/22.4(a)]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35 of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice
review
by
the
Joint
Committee
on
Administrative
Rules
(JCAR).
11)
Differences
between
the
proposal
and
the
final
version:
A
table
that
appears
in
the
Board’s
opinion
and order
of
November
20,
2008
in
docket
R09-3
summarizes
the
differences
between
the
amendments
adopted
in
that
order
and
those
proposed
by
the
Board
in
an
opinion
and order
dated September
4,
2008,
in
docket
R09-3.
Many
of
the
differences
are
explained
in
greater
detail
in
the
Board’s
opinion
and
order adopting
the
amendments.
The
differences
are
limited
to
minor
corrections
that
arose
during
the
public
comment
period.
The
changes
are
intended
to
have
no
substantive
effect.
The
intent
is
to
add
clarity
to
the
rules without
deviation
from the
substance
of
the
federal
amendments
on
which
this
proceeding
is
based.
12)
Have
all
the
changes
agreed
upon
by
the
Board
and
JCAR
been
made
as
indicated
in
the
agreements
issued
by
JCAR?
Section
22.4(a)
of
the
Environmental
Protection
Act
[415
ILCS 5/22.4(a)]
provides
that
Section 5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice
review
by
JCAR.
Since
the
Notices
of
Proposed
Amendments
appeared
in
the
September
29,
2008
issue
of
the
Illinois
Register,
the
Board
received
a number
of
suggestions
for
revisions
from
JCAR.
The
Board
evaluated
each suggestion
and
incorporated
a
number
of
changes
into
the
text
as
a
result,
as
detailed
in
the
opinion
and
order
of
November
20,
2008
in
docket
R09-3,
as
indicated
in
item 11
above.
See
the
November
20,
2008
opinion
and
order
in
docket
R09-3
for
additional
details
on
the
JCAR
suggestions
and
the
Board
actions
with
regard
to
each.
One
table
in
that
opinion
itemizes
the
changes
made
in
response
to
various
suggestions.
Another
table
indicates
JCAR
suggestions
not
incorporated
into
the
text,
with
a
brief
explanation
for
each.
ILIJNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
13)
Will
these
amendments
replace
emergency
amendments
currently
in
effect?
No.
14)
Are
there
any
other
amendments
pending
on
this
Part?
No.
15)
Summary
and
purpose
of amendments:
The
amendments
to Part
725
are
a
single
segment
of the
docket
R09-3
rulemaking
that
also
affects
35
Iii.
Adm.
Code
720,
721,
724,
and
728,
each
of
which
is covered
by
a
separate notice
in
this
issue
of the
Illinois
Register.
To
save
space,
a
more
detailed
description
of
the
subjects
and
issues
involved
in the
docket
R09-3
rulemaking
appears
in
this
Illinois
Register
only
in
the
answer
to
question
5
in
the
Notice
of
Adopted
Amendments
for
35
Iii. Adm.
Code
720.
A comprehensive
description
is
contained
in the
Board’s
opinion
and
order
of November
20,
2008,
adopting
amendments
in
docket
R09-
3,
which
opinion
and
order
is
available
from
the
address
below.
Specifically,
the
amendments
to
Part
725
correct the
amendments
adopted
in the
prior
update
docket,
RCRA
Subtitle
C
Update,
USEPA
Amendments
(March
5,
2005,
September
8.
2005.
January
1,
2006
through
June
30,
2006),
R07-5,
RCRA
Subtitle
C
Update (July
1.
2006
through
December
31,
2006),
R07-14
(June
5,
2008)
(consol.),
in
response
to comments
from
USEPA
on that
rulemaking
after
its
adoption.
Tables
appear
in the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3
that
list
numerous
corrections
and
amendments
that
are
not
based
on
current federal
amendments.
The
tables
contain
deviations
from
the
literal
text
of the
federal
amendments
underlying
these
amendments,
as
well
as
corrections
and
clarifications
that
the Board
made
in
the
base
text
involved.
Persons
interested
in
the
details
of
those
corrections
and
amendments
should
refer
to
the
November
20,
2008
opinion
and
order
in
docket
R09-3.
Section
22.4
of
the
Environmental
Protection
Act
[415
ILCS
5/22.4]
provides
that
Section
5-35
of the
Administrative
Procedure
Act
[5 ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it is
not
subject
to
First
Notice
or
to
Second
Notice
review
by
the Joint
Committee
on
Administrative
Rules
(JCAR).
16)
Information
and
questions
regarding
these
adopted
amendments
shall
be directed
to:
Please
reference
consolidated
docket
R09-3
and
direct
inquiries
to
the
following
person:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
Michael
J.
McCambridge
Staff
Attorney
Illinois
Pollution
Control
Board
100
W.
Randolph
11-500
Chicago,
IL
60601
312-814-6924
Request
copies
of
the Board’s
opinion
and
order
of
November
20,
2008
at
312-814-3620.
Alternatively,
you
may
obtain
a
copy
of
the Board’s
opinion
and
order
from
the
Internet
at
http://www.ipcb.state.il.us.
The
full
text
of
the
adoDted amendments
begins
on the
next
page:
ILLINOIS
REGISTER
‘)
Li.
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
1)
Heading
of the
Part:
Identification
and
Listing
of Hazardous
Waste
2)
Code
citation:
35 Ill.
Adm.
Code
721
3)
Section
numbers:
Adopted
action:
721.102
Amend
721.104
Amend
721.123
Amend
721.131
Amend
721.133
Amend
721.Appendix
G
Amend
721
.Appendix
Y
Amend
721
.Appendix
Z
Amend
4)
Statutory
authority:
415
ILCS
5/7.2,
22.4,
and
27.
5)
Effective
date
of
amendments:
DEC
3 l
201J8
6)
Does
this
rulemaking
contain
an automatic
repeal
date?:
No.
7)
Do
these
amendments
contain
incorporations
by
reference?
No.
35
Iii. Adm.
Code
720.111
is the
centralized
location
of all
incorporations
by
reference
for
the purposes
of
the hazardous
waste
and
underground
injection
control
regulations
of
35 Iii.
Adm.
Code
702
through
705,
720 through
728,
730,
733,
738,
and
739.
Although
some
to
the
incorporations
updated
in
35 111.
Adm.
Code
720.111
relate
to
the
requirements
of
Part
721,
the amendments
to
this Part
do
not include
themselves
involve
revisions
to an
incorporation
by
reference.
8)
Statement
of
availability:
The
adopted
amendments,
a
copy
of the
Board’s
opinion
and
order
adopted
November
20, 2008
in
docket
R09-3,
and
all materials
incorporated
by
reference
are
on
file
at the
Board’s
principal
office
and
are
available
for
public
inspection
and
copying.
9)
Notice
of
proposal
published
in
the
Illinois
Register:
September
26,
2008,
32
Ill. Reg.
15557
RECiPJED
DEC
2
2e08
SOS-CODE
DIV.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
10)
Has
JCAR issued
a statement
of
objections
to
these
rules?
No.
Section
22.4(a)
of
the
Environmental
Protection
Act
[415
ILCS 5/22.4(a)]
provides
that
Section 5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-3
5] does not
apply
to
this
rulemaking.
Because
this
rulemaking
is not
subject
to
Section
5-35
of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice review
by
the
Joint Committee
on
Administrative
Rules
(JCAR).
11)
Differences
between
the
proposal
and
the
final
version:
A
table
that
appears
in
the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3 summarizes
the
differences
between
the
amendments
adopted
in
that
order
and
those
proposed
by
the
Board
in
an
opinion
and
order
dated
September
4, 2008,
in
docket
R09-3.
Many
of
the
differences
are
explained
in
greater
detail
in the
Board’s opinion
and
order
adopting the
amendments.
The
differences
are
limited
to
minor corrections
that
arose
during
the
public
comment
period.
The
changes
are
intended
to
have
no
substantive
effect.
The
intent
is
to
add
clarity
to
the
rules
without
deviation
from
the
substance
of
the
federal
amendments
on
which
this
proceeding
is
based.
12)
Have
all
the
changes
agreed
upon
by
the
Board
and
JCAR
been
made
as
indicated
in
the
agreements
issued
by
JCAR?
Section 22.4(a)
of
the
Environmental
Protection
Act
[415
ILCS
5/22.4(a)]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice
review
by
JCAR.
Since
the
Notices
of
Proposed
Amendments
appeared
in
the
September
29,
2008
issue
of
the
Illinois
Register,
the
Board
received
a
number
of
suggestions
for
revisions
from
JCAR.
The
Board evaluated
each
suggestion
and
incorporated
a
number
of
changes
into
the
text
as a
result,
as
detailed
in
the
opinion
and
order
of
November
20,
2008
in
docket
R09-3,
as
indicated
in
item
11
above.
See
the
November
20,
2008
opinion
and
order
in
docket R09-3
for
additional
details
on
the
JCAR
suggestions
and
the
Board
actions
with
regard
to
each.
One
table
in
that
opinion
itemizes
the
changes
made
in response
to
various
suggestions.
Another
table
indicates
JCAR
suggestions
not
incorporated
into
the
text,
with
a brief explanation
for
each.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENTS
13)
Will
these
amendments
replace
emergency
amendments
currently
in
effect?
No.
14)
Are
there
any
other
amendments
pending
on
this
Part?
No.
15)
Sunimary
and
purpose
of
amendments:
The
amendments
to
Part
721
are
a
single
segment
of
the
docket
R09-3
rulemaking
that
also
affects
35
Ill.
Adm.
Code
720,
724,
725,
and
728,
each
of
which
is covered
by
a
separate
notice
in
this
issue
of
the
Illinois
Register.
To
save
space,
a
more
detailed
description
of
the
subjects
and
issues
involved
in
the
docket
R09-3
rulemaking
appears
in
this
Illinois
Register
only
in
the
answer
to
question
5
in
the
Notice
of Adopted
Amendments
for
35
Ill.
Adm.
Code
720.
A
comprehensive
description
is
contained
in
the
Board’s
opinion
and
order
of
November
20,
2008,
adopting
amendments
in
docket
R09-
3,
which
opinion
and
order
is
available
from
the
address
below.
Specifically,
the
amendments
to
Part
721
implement
segments
of the
federal
amendments
of
January
2, 2008
and
June
4,
2008.
The
amendments
broaden
the
exclusion
of
oil-
bearing
secondary
materials
that
are
reinserted
into
the
refining
process
from
the
definition
of
solid
waste.
The
amendments
also
exempt
wastewater
treatment
sludges
from
zinc
phosphating
when
generated
by
a
motor
vehicle
manufacturing
process
from
the
F019
hazardous
waste
listing.
Tables
appear
in the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3
that
list
numerous
corrections
and
amendments
that
are
not
based
on
current
federal
amendments.
The
tables
contain
deviations
from
the
literal
text
of
the
federal
amendments
underlying
these
amendments,
as
well
as
corrections
and
clarifications
that
the
Board
made
in the
base
text
involved.
Persons
interested
in
the
details
of
those
corrections
and
amendments
should
refer
to
the
November
20,
2008
opinion
and
order
in
docket
R09-3.
Section
22.4
of
the
Environmental
Protection
Act
[415
ILCS
5/22.4]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it is
not
subject
to First
Notice
or to
Second
Notice
review
by
the
Joint
Committee
on
Administrative
Rules
(JCAR).
16)
Information
and
questions
regarding
these
adopted
amendments
shall
be
directed
to:
Please
reference
consolidated
docket
R09-3
and
direct
inquiries
to
the
following
person:
I
ILL11SOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENTS
Michael
J.
McCambridge
Staff
Attorney
Illinois
Pollution
Control
Board
100W.
Randolph
11-500
Chicago,
IL
60601
312-814-6924
Request
copies
of the
Board’s
opinion
and order
of November
20,
2008
at 312-814-3620.
Alternatively,
you
may
obtain
a
copy
of the
Board’s
opinion
and
order
from
the
Internet
at http
://www.ipcb.
state.iLus.
The
full
text
of
the
adopted
amendments
begins
on
the
next
page:
—
,V
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
AMENDMENT
V
1)
Heading
of
the
Part:
Land
Disposal
Restrictions
2)
Code
citation:
35
Iii.
Adm.
Code
728
3)
Section
numbers:
Adopted
action:
728.102
Amend
4)
Statutory
authority: 415
ILCS
5/7.2,
22.4,
and
27.
5)
Effective
date
of
amendment:
DEC
30
2008
6)
Does
this rulemaking
contain
an
automatic
repeal
date?:
No.
7)
Does
this
amendment
contain
incorporations
by
reference?
No.
35
Iii.
Adm.
Code
720.111
is
the
centralized
location
of
all
incorporations
by
reference
for
the
purposes
of
the
hazardous
waste
and
underground
injection
control
regulations
of
35
Ill.
Adm.
Code
702
through
705,
720
through
728,
730,
733,
738,
and
739.
Although
some
to
the incorporations
updated
in
35
Ill.
Adm.
Code
720.111
relate
to
the
requirements
of
Part
728,
the
amendments
to
this
Part
do
not
include
themselves
involve
revisions
to
an
incorporation
by
reference.
8)
Statement
of
availability:
The
adopted
amendments,
a
copy
of
the
Board’s
opinion
and
order
adopted
November
20,
2008
in
docket
R09-3,
and
all
materials
incorporated
by reference
are
on
file
at
the
Board’s
principal
office
and
are
available
for
public
inspection
and
copying.
9)
Notice
of
proposal
published
in
the
Illinois
Register:
September
26,
2008,
32
Ill.
Reg.
15754
10)
Has
JCAR
issued
a
statement
of
objections
to
these
rules?
No.
Section
22.4(a)
of
the
Environmental
Protection
Act
[415 ILCS
5/22.4(a)]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice
review
by
the
Joint
Committee
on
Administrative
Rules
(JCAR).
RCZ’iD
20 2R08
OS-COD
DIV.
ILLiNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENT
11)
Differences
between
the
proposal
and
the
final
version:
A table
that
appears
in
the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3
summarizes
the
differences
between
the
amendments
adopted
in
that
order
and
those
proposed
by
the
Board
in an
opinion
and
order
dated
September
4,
2008,
in
docket
R09-3.
Many
of
the differences
are
explained
in
greater
detail
in
the
Board’s
opinion
and
order
adopting
the
amendments.
The
differences
are
limited
to
minor
corrections
that
arose
during
the
public
comment
period. The
changes
are
intended
to
have
no
substantive
effect.
The
intent
is
to
add
clarity
to the
rules
without
deviation
from
the
substance
of
the federal
amendments
on
which
this
proceeding
is based.
12)
Have
all
the
changes
agreed
upon
by
the
Board
and
JCAR
been
made
as indicated
in
the
agreements
issued
by JCAR?
Section
22.4(a)
of
the
Environmental
Protection
Act
[415
ILCS
5/22.4(a)] provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does
not
apply
to
this
rulemaking.
Because this
rulemaking
is not
subject
to
Section
5-35
of the
APA,
it is
not
subject
to
First
Notice
or to
Second
Notice
review
by
JCAR.
Since
the
Notices
of
Proposed
Amendments
appeared
in
the
September
29,
2008
issue
of
the
Illinois
Register,
the
Board
received
a number
of
suggestions
for
revisions
from
JCAR.
The
Board
evaluated
each
suggestion
and
incorporated
a
number
of
changes
into
the
text
as a
result,
as
detailed
in the
opinion
and
order
of
November
20, 2008
in
docket
R09-3,
as
indicated
in item
11 above.
See
the
November
20,
2008
opinion
and
order
in
docket
R09-3
for
additional
details
on
the
JCAR
suggestions
and
the
Board
actions
with
regard
to
each.
One
table
in that
opinion
itemizes
the
changes
made
in
response
to
various
suggestions.
Another
table
indicates
JCAR
suggestions
not
incorporated
into
the
text,
with
a brief
explanation
for
each.
13)
Will
this
amendment
replace
emergency
amendments
currently
in
effect?
No.
ILLiNOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENT
14)
Are
there
any
other
amendments
pending
on
this
Part?
No.
15)
Summary
and
purpose
of
amendment:
The
amendments
to Part
728
are
a
single
segment
of
the
docket
R09-3
rulemaking
that
also
affects
35
Iii.
Adm.
Code
720,
721,
724,
and
725,
each
of
which
is
covered
by
a
separate
notice
in
this
issue
of
the
Illinois
Register.
To
save
space,
a more
detailed
description
of
the
subjects
and
issues
involved
in
the
docket
R09-3
rulemaking
appears
in
this
Illinois
Register
only in
the
answer
to
question
5
in
the
Notice
of
Adopted
Amendments
for
35
Iii.
Adm.
Code
720.
A
comprehensive
description
is
contained
in
the
Board’s
opinion
and
order
of November
20,
2008,
adopting
amendments
in
docket
R09-
3,
which
opinion
and
order
is
available
from
the
address
below.
Specifically,
the
amendments
to
Part
728
correct
the
amendments
adopted
in
the
prior
update
docket,
RCRA
Subtitle
C
Update,
USEPA
Amendments
(March 5,
2005,
September
8.
2005,
January
1,
2006
through
June
30,
2006),
R07-5, RCRA
Subtitle
C
Update (July
1, 2006
through
December
31,
2006), R07-14
(June
5,
2008)
(consol.),
in
response
to
comments
from
USEPA
on
that
rulemaking
after
its
adoption.
Tables
appear
in
the
Board’s
opinion
and
order
of
November
20,
2008
in
docket
R09-3
that
list
numerous
corrections
and
amendments
that
are
not
based
on
current
federal
amendments.
The
tables
contain
deviations
from
the
literal
text
of
the
federal
amendments
underlying
these
amendments,
as
well
as
corrections
and
clarifications
that
the
Board
made
in
the
base
text
involved.
Persons
interested
in
the
details
of
those
corrections
and
amendments
should
refer
to
the
November
20,
2008
opinion
and
order
in
docket
R09-3.
Section 22.4
of the
Environmental
Protection
Act
[415
ILCS
5/22.4]
provides
that
Section
5-35
of
the
Administrative
Procedure
Act
[5
ILCS
100/5-35]
does not
apply
to
this
rulemaking.
Because
this
rulemaking
is
not
subject
to
Section
5-35
of
the
APA,
it
is
not
subject
to
First
Notice
or
to
Second
Notice
review
by
the
Joint
Committee
on
Administrative
Rules
(JCAR).
16)
Information
and
questions
regarding
thIS
adopted
amendment
shall
be
directed
to:
Please
reference
consolidated
docket
R09-3
and
direct
inquiries
to
the
following
person:
Michael
J.
McCambridge
Staff
Attorney
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
AMENDMENT
Illinois
Pollution
Control
Board
100
W. Randolph
11-500
Chicago,
IL
60601
312-814-6924
Request
copies
of
the
Board’s
opinion
and
order
of
November
20, 2008
at
312-814-3620.
Alternatively,
you
may
obtain
a copy
of the
Board’s
opinion
and
order
from
the Internet
at
http://www.ipcb.state.il.us.
The
full
text
of
the
adopted
amendment
begins
on
the
next
page:
