R99151OP.PDF

ILLINOIS POLLUTION CONTROL BOARD

April 8, 1999

IN THE MATTER OF:

)

RCRA UPDATE, USEPA REGULATIONS

)

R99-15

(July 1, 1998, through December 31, 1998)

)

(Identical-in-Substance

)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

OPINION OF THE BOARD (by E.Z. Kezelis):

Under Section 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(a)

(1998)), the Board proposes amendments to the Illinois regulations that are “identical-in-

substance” to hazardous waste regulations that the United States Environmental Protection

Agency (USEPA) adopted to implement Subtitle C of the federal Resource Conservation and

Recovery Act of 1976 (RCRA Subtitle C), 42 U.S.C. §§ 6921

et seq

. (1998). The nominal

timeframe of this docket includes federal RCRA Subtitle C amendments that USEPA adopted

in the period July 1, 1998, through December 31, 1998. However, this docket also considers

a specified action taken after December 31, 1998, on which the Board will act without delay.

Section 22.4(a) provides for quick adoption of regulations that are “identical-in-

substance” to federal regulations that USEPA adopts to implement Sections 3001 through 3005

of RCRA, 42 U.S.C. §§ 6921-6925 (1998). Section 22.4(a) also provides that Title VII of the

Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35, and 5-40

(1996)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal

RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273,

and 279.

This proposed opinion supports the proposed order that the Board also adopts today.

The Board will cause the proposed amendments to be published in the

Illinois Register

and will

hold the docket open to receive public comments for 45 days after the date of publication.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following briefly summarizes the federal actions considered in this rulemaking.

Docket R99-15: July 1, 1998, through December 31, 1998, RCRA Subtitle C

Amendments

USEPA amended the federal RCRA Subtitle C regulations on 12 occasions during the

period July 1, 1998, through December 31, 1998.

Each is summarized below, together with a

description of the Board action that is required, if any:

63 Fed. Reg. 37780 (July 14, 1998)

USEPA withdrew segments of a May 6, 1998 direct final rule that drew adverse

comment. The Board adopted corresponding amendments to the Illinois regulations in

its opinion and order of December 17, 1998, in consolidated docket R98-21/R99-

2/R99-7. No further Board action is required.

63 Fed. Reg. 42109 (August 6, 1998)

USEPA adopted new waste listings and land disposal restrictions (LDRs) for petroleum

wastes, including certain exclusions from regulation as hazardous waste. The Board

incorporated all but one segment of the RCRA Subtitle C amendments in its opinion

and order of December 17, 1998, in consolidated docket R98-21/R99-2/R99-7; the

Board must complete the action with regard to one minor segment of the federal

amendments.

63 Fed. Reg. 42580 (August 10, 1998)

USEPA adopted corrections to the May 4, 1998, organobromine production waste

rules; the May 26, 1998, Phase IV LDRs; and the June 29, 1998, organobromine waste

technical amendments. The Board adopted corresponding amendments to the Illinois

regulations in its opinion and order of December 17, 1998, in consolidated docket R98-

21/R99-2/R99-7. No further Board action is required.

63 Fed. Reg. 46331 (August 31, 1998)

USEPA adopted technical amendments to the May 4, 1998, organobromine waste

rules. The technical amendments affected the RCRA Subtitle C aspects of the May 4,

1998, action. The Board adopted corresponding amendments to the Illinois regulations

in its opinion and order of December 17, 1998, in consolidated docket R98-21/R99-

2/R99-7. No further Board action is required.

63 Fed. Reg. 47409 (September 4, 1998)

USEPA changed the effective dates and adopted emergency amendments to the LDRs

applicable to several carbamate wastes and waste constituents. The Board must take

corresponding action to amend the Illinois regulations.

63 Fed. Reg. 48124 (September 9, 1998)

USEPA issued an extension of the Phase IV LDR compliance deadline, until

November 26, 1998, for certain limited metal-bearing wastes. The Board adopted

corresponding amendments to the Illinois regulations in its opinion and order of

December 17, 1998, in consolidated docket R98-21/R99-2/R99-7. No further Board

action is required.

63 Fed. Reg. 51253 (September 24, 1998)

USEPA adopted LDR treatment standards applicable to spent potliners from primary

aluminum production. The Board must take corresponding action to amend the Illinois

regulations.

63 Fed. Reg. 54356 (October 9, 1998)

USEPA changed the compliance deadline of the August 6, 1998 petroleum waste rules

until December 8, 1998. The Board does not need to take action on this past effective

date.

63 Fed. Reg. 56709 (October 22, 1998)

USEPA amended the treatment, storage, and disposal facility standards to allow states

to use mechanisms other than permits to approve facility post-closure care plans and to

allow the closure of certain units through the corrective action program. The Board

must take corresponding action to amend the Illinois regulations. The Board believes

that this “alternative mechanisms” action is significant due to its impact on certain State

initiatives.

63 Fed. Reg. 64371 (November 19, 1998)

USEPA issued a final decision not to list 14 waste solvents as hazardous waste. The

determination resulted in no amendments to the federal RCRA Subtitle C rules, so no

Board action is required in this matter.

63 Fed. Reg. 65873 (November 30, 1998)

USEPA adopted new remedial action plan (RAP) requirements applicable to the

treatment, storage, or disposal of hazardous remediation wastes during cleanup actions.

The Board must take corresponding action to amend the Illinois regulations.

63 Fed. Reg. 71225 (December 24, 1998)

USEPA adopted corrective and clarifying amendments to the May 11, 1995 (60 Fed.

Reg. 25492) universal waste rule. The amendments correct aspects of the standards for

spent lead-acid battery management and the definition of small quantity universal waste

handler, and they clarify the export requirements for destination facilities that are

universal waste handlers. The Board must take corresponding action to amend the

Illinois regulations.

Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest

The Board engages in ongoing monitoring of federal actions. As of the date of this

opinion and order, we have identified two USEPA actions since December 31, 1998, that

further amend the RCRA Subtitle C hazardous waste rules. When the Board observes an

action outside the nominal timeframe of a docket that would require expedited consideration in

the pending docket, the Board will expedite consideration of those amendments. Federal

actions that could warrant expedited consideration include those that directly affect the

amendments involved in this docket, those for which compelling considerations would warrant

consideration as soon as possible, and those for which the Board has received a request for

expedited consideration. The Board identified the following federal actions since the

December 31, 1998 end date of the present update docket R99-15:

64 Fed. Reg. 3382 (January 21, 1999)

USEPA adopted technical amendments and corrections to the December 6, 1994 (59

Fed. Reg. 62896) “Subpart CC” organic material emission rules applicable to

hazardous waste tanks, containers, and surface impoundments. The amendments

clarify aspects of the rules and restore requirements inadvertently deleted in previous

amendments.

64 Fed. Reg. 6806 (February 11, 1999)

USEPA adopted amendments to the exclusions from the definition of hazardous waste

that have the effect of deferring regulation of certain materials as hazardous waste until

February 13, 2001. The wastes affected are landfill leachate and landfill gas

condensate derived from previously-disposed petroleum refining wastes (USEPA

hazardous waste codes K169 through K172, originally listed on August 6, 1998 (63

Fed. Reg. 42110), effective February 6, 1999, and adopted by the Board on

December 17, 1998, in consolidated update docket R98-21/R99-2/R99-7, effective

January 19, 1999).

With respect to the January 21, 1999 federal Subpart CC amendments, the Board can

find no reason to give them expedited consideration. The Subpart CC rules are not affected by

this docket; no compelling reasons to expedite consideration of these amendments exist; and

the Board has received no request to do so. Therefore, the Board will address the January 21,

1999 amendments in the next RCRA Subtitle C update docket, which will cover the period

January 1, 1999, through June 30, 1999.

The situation is different for the February 11, 1999 amendments to the exclusions from

hazardous waste management. The Board finds that there are compelling reasons to give these

amendments expedited consideration in this docket R99-15, rather than waiting until the next

update docket. The listings are newly adopted in the prior RCRA Subtitle C update docket

R98-21/R99-2/R99-7. USEPA has adopted the exclusion for the four wastes until

February 13, 2001. That means that there will be no exclusion of these wastes in Illinois until

the Board acts to adopt the federal deferral of regulation. Until the Board adopts the deferral,

the Illinois hazardous waste rules will remain more stringent than their federal counterparts.

This imposes an undesirable disproportionate regulatory burden on entities in Illinois. Further,

the February 11, 1999 amendments affect 40 C.F.R. 261.4, whose counterpart in the Illinois

regulations is 35 Ill. Adm. Code 721.104. That Section is already involved in this proceeding.

For these reasons, the Board will grant expedited consideration of the February 11, 1999

federal amendments in this docket R99-15.

Unrelated Federal Actions Having an Ancillary Impact on the Illinois RCRA

Subtitle C Regulations

In addition to the amendments to the federal RCRA Subtitle C regulations, other,

unrelated federal amendments might have an effect on the corresponding Illinois rules. Most

notably, 35 Ill. Adm. Code 720.111 includes several incorporations of federal regulations by

reference, and USEPA has amended 40 C.F.R. 136, which is included among the incorporated

references. The federal amendments to 40 C.F.R. 136 are as follows, along with a description

of the Board action each requires, if any:

63 Fed. Reg. 38756 (July 20, 1998)

USEPA published a correction to 40 C.F.R. 136.3(e) table, as published on July 1,

1997. The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by reference at 35

Ill. Adm. Code 720.111. The Board adopted corresponding amendments to the Illinois

regulations in its opinion and order of December 17, 1998, in consolidated docket R98-

21/R99-2/R99-7. No further Board action is required.

63 Fed. Reg. 44146 (August 18, 1998)

USEPA published a correction to 40 C.F.R. 136.3(e) table, as published on July 1,

1997. The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by reference at 35

Ill. Adm. Code 720.111. The Board adopted corresponding amendments to the Illinois

regulations in its opinion and order of December 17, 1998, in consolidated docket R98-

21/R99-2/R99-7. No further Board action is required.

63 Fed. Reg. 50387 (September 21, 1998)

USEPA adopted effluent discharge and wastewater pretreatment standards for the

pharmaceutical manufacturing industry sector. This included amendment of 40 C.F.R.

136, which is incorporated by reference in 35 Ill. Adm. Code 720.111(b). The Board

must update the reference to reflect these amendments.

Summary Listing of the Federal Actions Forming the Basis of the Board’s

Actions in this Docket

Based on the foregoing, the federal actions that form the basis for Board action in this

update docket are the following, in chronological order:

63 Fed. Reg. 42109 (August 6, 1998)

New petroleum waste listings and LDRs.

(Completion of action taken in prior consolidated

update docket R98-21/R99-2/R99-7.)

63 Fed. Reg. 47409 (September 4, 1998)

Carbamate waste LDRs, changed effective dates,

and emergency amendments.

63 Fed. Reg. 50387 (September 21,

1998)

40 C.F.R. 136 amendment.

63 Fed. Reg. 51253 (September 24,

1998)

Primary aluminum production spent potliner

LDRs.

63 Fed. Reg. 56709 (October 22, 1998)

Mechanisms other than permits for closure and

post-closure care.

63 Fed. Reg. 65873 (November 30,

1998)

Hazardous remediation wastes.

63 Fed. Reg. 71225 (December 24, 1998)

Universal waste rule corrections and clarifications.

64 Fed. Reg. 6806 (February 11, 1999)

Previously-disposed petroleum refining waste

exclusion.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 45 days

following its publication in the

Illinois Register

. After that time, the Board will immediately

consider adoption of the amendments, making any necessary changes made evident through the

public comments. The Board will delay filing any adopted rules with the Secretary of State for

30 days after adoption, particularly to allow additional time for USEPA to review the adopted

amendments before they are filed and become effective. The complete text of the proposed

amendments appears in a separate order adopted this day.

DISCUSSION

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting identical-in-substance rules. It is

followed by a discussion of the amendments and actions undertaken in direct response to the

federal actions involved in this proceeding. This first series of discussions is organized by

federal subject matter, generally appearing in chronological order of the significant

Federal

Register

notices involved. Finally, this discussion closes with a description of the amendments

and actions that are not directly derived from the federal actions.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some minimal deviation from

the federal text is unavoidable. This deviation arises primarily through differences between the

federal and state regulatory structure and systems. Some deviation also arises through errors

in and problems with the federal text itself. Sometimes the federal text uses flawed language

or lacks consistency and clarity. The Board conforms the federal text to the Illinois rules and

regulatory scheme and corrects errors that we see in the text as we engage in these routine

update rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds

it necessary to alter the text of various passages of the existing rules as provisions are opened

for update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the Code of Federal Regulations to the most recent

version available. As of the date of this opinion, the most recent version of the Code of

Federal Regulations available to the Board is the July 1, 1998 version. Thus, we have updated

all citations to the 1998 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to

make a number of corrections to punctuation, grammar, spelling, and cross-reference format

throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where

the person to which the regulation referred was not necessarily a natural person, or to “he or

she,” where a natural person was evident; changed “which” to “that” for restrictive relative

clauses; substituted “shall” for “will;” capitalized the section headings and corrected their

format where necessary; and corrected punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout

the Board’s regulations. For example, with respect to “shall,” “will,” and “may” - “shall” is

used when the subject of a sentence has a duty to do something. “Must” is used when

someone has to do something, but that someone is not the subject of the sentence. “Will” is

used when the Board obliges itself to do something. “May” is used when choice of a

provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.” “Either

. . . or” denotes “one but not both.” “And” denotes “both.”

The Joint Committee on Administrative Rules (JCAR) has requested that the Board

refer to the United States Environmental Protection Agency in the same manner throughout all

of our bodies of regulations—

i.e.

, air, water, drinking water, RCRA Subtitle D (municipal

solid waste landfill), RCRA Subtitle C (hazardous waste), underground injection control

(UIC), etc. The Board has decided to refer to the United States Environmental Protection

Agency as “USEPA.” We will continue this conversion in future rulemakings as additional

sections otherwise become open to amendment. We will further convert “EPA” used in

federal text to “USEPA,” where USEPA is clearly intended.

The Board has assembled tables to aid location of those alterations and to briefly outline

their intended purpose. The tables set forth the miscellaneous deviations from the federal text

and corrections to the pre-amended base text of the rules in detail. The tables are set forth and

explained toward the end of this opinion, beginning at page 16. There is no further discussion

of most of the deviations and revisions elsewhere in this opinion.

Some alterations, on the other hand, are more significant, and substantive discussion is

warranted for those. Those more significant discussions are set forth in the following topical

discussions.

Discussion of Particular Federal Actions

Petroleum Waste Hazardous Waste Listings—Section 726.200

USEPA added four new hazardous waste listings for wastes generated in petroleum

refining on August 6, 1998 (63 Fed. Reg. 42109). (USEPA subsequently corrected the

effective date of these listings on October 9, 1998 (63 Fed. Reg. 54356).) The Board

included nearly all of those amendments in the prior consolidated hazardous waste update

docket, R98-21/R99-2/R99-7, adopted on December 17, 1998. The Board could not complete

the amendments, however, since Part 726 was not open in that docket. We now complete the

incorporation of the August 6, 1998 federal amendments by including an amendment to 35 Ill.

Adm. Code 726.200(b)(3) (corresponding with 40 C.F.R. 266.100(b)(3)). We have done so

without deviation from the text of the federal amendments.

The Board requests public comment on completion of the August 6, 1998 federal

amendments by amendment of Section 726.200.

Emergency Amendments to the Carbamate Waste LDRs—Sections 728.140, 728.Table T, and

728.Table U

On September 4, 1998 (63 Fed. Reg. 47409), USEPA changed the effective dates and

adopted emergency amendments to the LDRs applicable to several carbamate wastes and waste

constituents. USEPA adopted the carbamate waste rules on April 8, 1996 (61 Fed. Reg.

15583). The waste treatment industry later confronted USEPA with the fact that no analytical

methods exist to test for the presence of a number of the carbamate wastes, making it

impossible to test and demonstrate compliance with the corresponding waste treatment

standards. In response, USEPA amended its rules to indefinitely extend the alternative

treatment standards for seven carbamate waste constituents and deleted the treatment standard

for another waste constituent. The amendments further deleted the eight waste constituents

from the listing of underlying hazardous constituents. Finally, the amendments clarify that

numerical standards again apply to another 32 carbamate waste constituents after the

August 26, 1998 expiration of the temporary alternative standards for the 40 carbamate waste

constituents. Persons interested in further consideration of the substance of the federal action

should refer to the

Federal Register

notices cited above.

The Board incorporated the September 4, 1998 federal carbamate waste amendments

without significant deviation from the federal text. The tables beginning at page 16 indicate

the revisions made in the verbatim wording of the federal amendments. However, we did find

it necessary to renumber what USEPA designated as 40 C.F.R. 268.40(i) to corresponding 35

Ill. Adm. Code 728.140(j). USEPA added 40 C.F.R. 268.40(i) at 63 Fed. Reg. 46331 (Aug.

31, 1998) to stay the Phase IV LDRs, as they apply to zinc-containing fertilizers, while it

develops a more comprehensive set of regulations. Then in the September 4, 1998

amendments, USEPA added another subsection (i). The Board corrected this apparent error.

The deviations from the text of the federal amendments appear in the table that begins at page

16 of this opinion.

The Board requests public comment on our treatment of the carbamate waste

amendments. We request specific attention to the issues outlined in the foregoing discussion.

LDR for Spent Potliners from Primary Aluminum Reduction—Sections 728.139, and

728.Table T

USEPA adopted an LDR treatment standard for spent potliners from primary aluminum

production (USEPA hazardous waste number K088) on September 24, 1998 (63 Fed. Reg.

51253). USEPA originally imposed an LDR on the spent potliners on April 8, 1996 (61 Fed.

Reg. 15566), simultaneously establishing a national capacity variance that allowed the

continued temporary land disposal of the waste. Litigation subsequently resulted in a court

overturning the LDR, in Columbia Falls Aluminum Co. v. EPA, 139 F.3d 914 (D.C. Cir.

1998). In response, USEPA adopted the interim replacement treatment standard on September

24, 1998, which will remain in effect until USEPA can complete its review and establish a

permanent standard. Persons interested in the details of the September 24, 1998 federal action

should refer to the cited

Federal Register

notices.

The Board has incorporated the amendments to Table T of Part 728 prompted by the

amendments to the corresponding 40 C.F.R. 268.40 table. The tables beginning at page 16

indicate the revisions made in the verbatim wording of the federal amendments. The only

deviation from the text of the September 24, 1998 federal amendments was that no amendment

was necessary to Section 728.139(c). USEPA amended 40 C.F.R. 268.39(c) to reinstitute the

provision with a changed effective date of July 8, 1997 to September 24, 1998. There is no

effective date codified into Section 728.139(c), and September 24, 1998, is a past effective

date. Therefore, no Board action is necessary to incorporate the federal amendments to this

Section.

The table beginning at page 16 indicates the revisions made in the base text of the

regulations and to the verbatim wording of the federal amendments. The Board requests public

comment on the spent aluminum potliner amendments.

Alternative Methods for Facility Closure and Post-Closure Care—Sections 703.121, 703.161,

703.182, 703.214, 724.190, 724.210, 724.212, 724.218, 724.240, 725.190, 725.210,

725.212, 725.218, 725.221, and 725.240

On October 22, 1998 (63 Fed. Reg. 56709), USEPA adopted a series of amendments

that allow greater regulatory flexibility. The amendments allow USEPA and the states to

authorize closure and post-closure care measures for hazardous waste treatment, storage, and

disposal facilities by means other than by a RCRA permit. USEPA and the states may use

statutory and regulatory “enforceable authorities” not related to RCRA to allow certain

measures at affected sites. This would, in part, reduce the potential for conflict between the

RCRA closure requirements and an alternative corrective action program. The amendments

include requirements for information submissions for RCRA Part B post-closure care permits.

Examples of alternative federal authorities given by USEPA are RCRA section 3008(h)

, 42

U.S.C. 6928(h) (1998),

corrective action orders and

cleanup orders under section 106 of the Comprehensive

Environmental Response, Compensation and Liability Act, 42 U.S.C. 9606 (1998), as well as comparable state

authorities. (40 C.F.R. 270.1(c), and (c)(7); see 63 Fed. Reg. at 56715.) The Board refers the interested reader to

the

Federal Register

notices cited above for more information on the federal rule.

The Board believes that the October 22, 1998, federal “alternative mechanisms” action

is significant. This action removes any possible conflict between the RCRA Subtitle C

hazardous waste rules and such State initiatives as the “Brownfield” rules (35 Ill. Adm. Code

740) and the “tiered approach to corrective action” or “TACO” rules (35 Ill. Adm. Code

742). Formerly, closure and post-closure care was allowed at a RCRA facility only under a

RCRA permit and only under RCRA standards. The State will now be able to use alternative

mechanisms to allow closure and post-closure care requirements that are more suitably tailored

than the generally-applicable hazardous waste rules.

The Board incorporated the federal amendments (to 40 C.F.R. 264.90, 264.110, 264.112,

264.118,

264.140, 265.90, 265.110, 265.112, 265.118, 265.121, 265.140, 270.1(c), 270.1(c)(7),

270.14(a), and 270.28) into the corresponding Illinois provisions (35 Ill. Adm. Code 724.190,

724.210, 724.212, 724.218, 724.240, 725.190, 725.210, 725.212, 725.218, 725.221,

725.240, 703.121, 703.161, 703.182, and 703.214, respectively) with a minor amount of

deviation from the federal text. The tables beginning at page 16 indicate the revisions made in

the verbatim wording of the federal amendments. However, the Board does take note in this

segment of the discussion of some of the deviations from the federal text.

Differences between the federal and Illinois regulatory systems have prompted the Board to

make several additional categories of alterations to the federal language of the amendments. The

first is a series of conforming substitutions in basic nomenclature. USEPA defines the

“alternative requirements” as being embodied in an “enforceable document,” which is some

legally binding document other than a RCRA permit. (40 C.F.R. 270.1(c), and (c)(7).) The

Board can foresee several methods by which an “enforceable document” might arise. Under

Illinois law, a facility must operate within the terms of a permit granted by the Agency. (415

ILCS 5/21(f) (1998).) However, where that permit would involve a deviation from Board

regulations, an “enforceable document” could be an order of the Board. In place of the

federal “enforceable document” language, the Board has substituted references directly to

“alternative requirements.”

In addition to accommodating the differences between the federal and Illinois

regulatory systems, the Board believes that the use of “alternative requirements” in place of

“enforceable document” clarifies the rules by allowing them to be read more directly, since the

primary focus is on the requirements and not on the document. This helps ensure the

necessary flexibility in the document or combination of documents that embody the alternative

requirements.

Further, the use of “alternative requirements” standardizes the usage of three different

terms in the federal rules. In addition to the phrase “enforceable document,” USEPA also

uses the phrase “alternative requirements” (see,

e.g.,

40 C.F.R. 264.110(c) and (c)(2),

264.112(c)(2)(iv), 264.118(d)(2)(iv), 264.140(d) and (d)(2)), and “alternative authorities”

(see,

e.g.

, 40 C.F.R. 270.28). Treating these three terms as synonymous, the Board uses

“alternative requirements” when referring to each of them.

The second major substitution in the text is the use of dual references to both the Board

and the Agency. As discussed above, the alternative requirements could arise from the Board

or from the Agency, depending on the nature of those requirements and the means through

which the owner or operator seeks them. The owner or operator could obtain a Board order

granting facility-specific relief from the generally-applicable hazardous waste regulations.

This could be by means of a site-specific rule (under Sections 22.4(b) and 27 of the Act), an

adjusted standard (under Section 28.1 of the Act), or a variance (under Section 35 of the Act).

It is also possible for the Agency to allow alternative requirements without a Board order, as

under the State’s “Brownfields” regulations (35 Ill. Adm. Code 740) or under the TACO rules

(35 Ill. Adm. Code 742). For example, Section 725.221(b)(1) (corresponding with 40 C.F.R.

265.121(b)(1)) is divided and separately outlines the requirements for public notice by the

Board and by the Agency. Finally, the alternative requirements could pertain to a variety of

aspects of facility closure and post-closure care. (See 35 Ill. Adm. Code 724.210(c) and

725.210(d).)

Accordingly, the Board has provided for alternative requirements granted by the Agency or

by the Board in each provision encountered, except one. The one provision for which no Agency

action is conceivable under 35 Ill. Adm. Code 740 or 742 concerns alternative financial assurance

requirements (under 35 Ill. Adm. Code 724.240 or 725.240). Thus, the rule provides only for the

Board to grant alternative financial assurance requirements.

Another significant deviation in language is that the Board has added cross-references to a

central provision to further ensure consistent reading of the rules. It appears that USEPA intended

40 C.F.R. 270.1(c)(7) as a central defining provision. It authorizes the use of alternative

requirements and broadly defines them. Some, but not all, substantive segments of the rules that

authorize the use of alternative requirements refer back to this section. The Board has added

references to corresponding 35 Ill. Adm. Code 703.161 to those segments of the text that authorize

alternative requirements where the federal rules did not use them. Thus, Sections 724.190(f),

724.210(c), 724.212(b)(8) and (c)(2)(D), 724.218(b)(4), 724.240(d), 725.190(f), 725.210(d),

725.212(b)(8), 725.218(c)(5), and 724.240(d), now refer to “alternative requirements, as provided

in 35 Ill. Adm. Code 703.161.”

The Board made one more significant change in language for the purpose of adding clarity

to the rules with no intent of changing the scope of meaning intended by USEPA. USEPA requires

any alternative requirements “protect human health.” For example, under 40 C.F.R. 264.90(f) and

725.90(f), alternative groundwater monitoring requirements must “protect human health.” To

avoid either too liberal or too strict a reading, the Board has added the word “adequately” to the

phrase. As a result, corresponding Sections 724.190(f) and 725.190(f) provide that the alternative

requirements must “adequately protect human health and the environment.” While we do not

believe that USEPA intended to require near-absolute protection of human health, neither do we

believe that it intended to provide only minimal protection. By adding the word “adequately,” we

will avoid extreme readings of these passages.

A final significant alteration in language is that the Board has consistently changed

references to “post-closure permits” to read “post-closure care permits.” The reason for this is that

the permits pertain to post-closure care of the facility. The post-closure care period begins when

facility closure is complete, and such care is the sole activity at a closed facility. Parallel references

to both “post-closure” and “post-closure care” refer to the same thing, so the Board conformed

each appearance throughout the text by rendering it “post-closure care.”

The Board requests public comment on the amendments relating to alternative closure and

post-closure care requirements. We request specific attention to the issues outlined in the foregoing

discussion.

Hazardous Remediation Waste Management Rules—Sections 702.110, 702.126, 703.157,

703.234, 703.300-703.306, 703.Appendix A, 720.110, 721.104, 724.101, 724.173, 724.201,

724.652-724.654, 725.101, 728.102, and 728.150

USEPA adopted a set of amendments to further its regulatory reform initiative on

November 30, 1998 (63 Fed Reg. 65874). The amendments related to the management of

hazardous remediation waste (HWIR-media rules) and made five changes in the hazardous

waste rules. First, the amendments were intended to make permits easier to obtain for

managing remediation waste. The facility owner or operator may seek approval of a limited

“remedial action plan” or “RAP” for its activities. Second, the amendments prevent a facility

obtaining a RAP from becoming subjected to a requirement from a facility-wide RCRA permit

requirements. Third, they create a unit called a “staging pile” that allows greater flexibility in

managing the remediation waste. Fourth, under the amendments, the management of dredged

materials under a permit under the Clean Water Act (or the Marine Protection, Research, and

Sanctuaries Act, which does not apply in Illinois) is excluded from RCRA Subtitle C

regulation. Finally, the amendments expedite the procedure for federal approval of amended

state RCRA Subtitle C programs. The Board directs the reader’s attention to the November

30, 1998

Federal Register

notice for further details on the USEPA’s HWIR-media rules.

The Board has attempted to incorporate the substance of the federal HWIR-media

amendments into the Illinois regulations with a minimum of deviation from the federal text.

The tables beginning at page 16 indicate the revisions made in the verbatim wording of the

federal amendments. The federal rules presented six significant problems, however, that

forced the Board to deviate in several ways.

First, the federal rules are drafted in a “user-friendly” format that the Board believes is

too colloquial for regulations. For example, the federal rules are presented in a question-and-

answer format. They rely heavily on the use of personal pronouns, most significantly “you,”

“your,” “I,” and “my.” Further, new 40 C.F.R. 270, Subpart H codified as 35 Ill. Adm.

Code 703.Subpart H, includes subheadings that appear topically important to the organization

of the rules, but which are not allowed under the

Illinois Administrative Code

codification

requirements. (See 1 Ill. Adm. Code 5/100.310.) The Board converted each of the personal

pronouns into “the owner or operator” or the impersonal pronouns “it” or “its.” The Board

used the topical subheadings under 40 C.F.R. 270, Subpart H as Section headings, making

each short federal section a subsection in the Illinois rules. This allowed us to avoid many

potential problems with a question-and-answer format because the questions have become

subsection headings.

Second, a few of the time limits set forth in the federal text conflict with limits that

already exist in the Illinois regulatory scheme. For example

40 C.F.R. 270.215(c) and (d) (codified

as 35 Ill. Adm. Code 703.305(b)(3) and (b)(4)) provide that a RAP is effective 30 days after the Agency notice of

approval. The Board has used 35 days to be consistent with the 35 days within which a permit appeal must be

filed under Section 40(a)(1) of the Act. This includes substituting 35 days for 30 days in Section 703.303(g) for

the time when a RAP becomes effective. Further, 40 C.F.R. 270.215(d) provides three days for completion of

service by mail. Had the Board used four days in corresponding Section 703.305(b)(4) to be consistent with

procedural rule 35 Ill. Adm. Code 101.144(c), the resulting 39 days would have exceeded the 35 days allowed

under Section 40(a)(1) of the Act (415 ILCS 5/40(a)(1) (1998)). Finally, 40 C.F.R. 270.190(c)(2) and (c)(3)

allow 60 days for review of RAP decisions. This is too short a time for the Board to publish the appropriate

notices, conduct public hearings, and conduct its review. Rather, in corresponding 35 Ill. Adm. Code

703.304(d)(3)(B) and (d)(3)(C), the Board has borrowed the 120 days allowed as adequate time for Board review

of permit appeals provided in Section 40(a)(2) of the Act.

Third,

40 C.F.R. 270.90 includes an explanation that 40 C.F.R. 270.4 provides that compliance with a

permit constitutes compliance with RCRA. This is contrary to Illinois law, under which compliance with a permit

does not constitute an absolute defense to a charge of violation of a substantive standard other than a failure to

operate in accordance with the terms of a permit. The Board omitted this language from the text and added an

explanatory Board Note.

Fourth,

40 C.F.R. 270.190(b) through (d) provide a procedure for informal appeal of a RAP

determination. The Board has not retained the word “informal” in the description of the procedure in

corresponding 35 Ill. Adm. Code 703.304(e)(2) through (e)(4), since there is no such procedure for an informal

appeal under the Act. Under Section 39 of the Act, the Agency makes its decisions on permit applications. The

Board formally hears appeals of those decisions pursuant to Section 40 of the Act. For the purposes of public

comment, the Board has rendered Section 703.304(e)(2) through (e)(4) to use the formal procedure provided under

the Act. It may be possible to use this provision to provide for Agency reconsideration of its RAP determinations.

If the Board adopts the option of a formal appeal in the final version of this rule, the appeal referred to in Section

703.304(e)(4) would be an appeal to the Board pursuant to Section 40 of the Act. If this is redrafted to provide for

Agency reconsideration of its RAP determinations, the Board would restore the 60-day timeframe provided in the

federal rule for the Agency to render its decision. On the other hand, if the Board renders this provision as

providing for appeal to the Board, we would remove the word “informal” and retain the 120-day timeframe for

decision that we have already borrowed from Section 40 of the Act.

Fifth, under the federal rules, USEPA has provided for approval of a RAP, denial of a RAP, or partial

denial of an RAP. (See 40 C.F.R. 270.130(b).) Under Section 39 of the Act, the Agency has the power to grant

or deny a permit, as well as the power to grant a permit with conditions. (415 ILCS 5/39 (1998)). The Board has

also accordingly added a provision for approving a RAP with conditions. (See 35 Ill. Adm. Code 703.303(a)(2)).

Sixth, the federal rules, in 40 C.F.R. 270.115, set forth the federal procedure for an owner or operator to

seek protection of confidential business information when applying for an RAP. The process is different from that

already provided for in Illinois under 35 Ill. Adm. Code 120. Thus, in corresponding 35 Ill. Adm. Code

703.302(e), the Board has maintained the Illinois procedure. Under the Illinois procedure, it is a “trade secret,”

rather than “confidential business information,” that is protected from disclosure. Thus, in addition to changing

the regulatory cross-reference to cite Illinois regulations, the Board revised the explanation of the document

marking requirements to refer to marking “trade secret” in red ink. What is and is not protected from disclosure

under Illinois law is immaterial from the federal perspective, so long as information for which federal law

mandates public disclosure is not protected from disclosure under Illinois law. (See 40 C.F.R. 2.301-2.311.)

Other minor deviations from the federal text are a shift in usage. In 40 C.F.R. 270.80(f), USEPA refers

to a cleanup compelled by “Federal or State cleanup authorities.” The Board chose the words “

authorities issued

by USEPA or the State of Illinois” to clarify this term. In another clarifying deviation, the Board has consistently

used “RCRA permit” where USEPA refers to “permit” in the text. The Board prefers this more consistent usage to

reduce the potential for confusion.

As with the October 22, 1998 amendments pertaining to alternative closure and post-closure

care requirements, the November 30, 1998 HWIR-media rules include a number of references to

“protect human health and the environment.” The Board has rendered this as “adequately protect

human health and the environment” for the same reasons as we did the closure and post-closure

care rules.

Finally, the Board incorporated one federal definition by reference, rather than follow our typical practice of

restating such material in our rules. In the 40 C.F.R. 261.4(g) exclusion of dredged material from the definition of

“hazardous waste,” USEPA incorporates the definition of “dredged material” from its Clean Water Act regulations at 40

C.F.R. 232.2. In corresponding 35 Ill. Adm. Code 721.104(g), the Board has retained the citation to 40 C.F.R. 232.2 for

definition of the term. The Board will, of course, continue to follow our practice of annually updating all federal

regulations incorporated by reference, including this one. The exclusion of dredged materials applies only to those

materials defined under 40 C.F.R. 232.2 and regulated under the body of regulations in which that definition appears.

Thus, persons who would be in a position to take advantage of the exclusion are already familiar with those other rules.

The Board requests public comment on the HWIR-media amendments. We request specific

attention to the issues outlined in the foregoing discussion.

Universal Waste Rule Corrections—Sections 726.180, and 733.106

USEPA adopted a set of corrections to its universal waste rule on December 24, 1998

(63 Fed. Reg. 71225). Three corrections relate to reclaimed spent lead-acid batteries.

Another corrects the definition of “small quantity universal waste handler.” Finally, a

correction clarifies the applicability of the export requirements to destination universal waste

handlers. The Board defers to the December 24, 1998

Federal Register

notice for a detailed

discussion of the federal action.

The Board incorporated the federal amendments with minor deviation from the federal

text. The tables beginning at page 16 indicate the revisions made in the verbatim wording of

the federal amendments. The Board encountered two minor challenges in incorporating the

federal requirements into the Illinois Regulations. First, as in the November 30, 1998 HWIR-

media rule, USEPA used a more colloquial format for a segment of the amended rule. In such

situations, the Board changed “you aren’t” to read “the owner or operator is not.”

Second, although we generally codify tables separately at the end of the Part, the Board incorporated the

table from 40 C.F.R. 266.80(a) into corresponding 35 Ill. Adm. Code 266.180(a). We believe that the table

successfully presents the requirements and outlines their applicability very clearly and succinctly. Rendering them

in a standard format would not improve them. We further believe that this is the best location for them since it is

Section 726.180 that outlines applicability.

The Board requests public comment on the universal waste rule corrections. We request

specific attention to the issues outlined in the foregoing discussion.

Petroleum Waste-Derived Landfill Wastes—Section 721.104

USEPA adopted a temporary deferral of regulation as hazardous waste for certain

petroleum refining-derived wastes on February 11, 1999 (64 Fed. Reg. 6806). USEPA

amended its definition of hazardous waste to exempt, until February 13, 2001, certain leachate

or gas condensate collected from landfills where solid wastes have been disposed from

petroleum refining (now listed as USEPA hazardous waste numbers K169 through K172). See

the February 11, 1999

Federal Register

notice for explanation of the federal action.

As is explained above at page 4 of this opinion, the Board is granting expedited

consideration of the February 11, 1999 federal amendments in this docket, rather than waiting

until the next update docket. The February 11, 1999 amendments relate to hazardous waste

listings that were recently adopted in the prior RCRA Subtitle C update docket R98-21/R99-

2/R99-7, and for which there will be no exclusion in Illinois until the Board acts to adopt the

federal deferral of regulation. Until the Board adopts the deferral, these wastes will remain

subject to hazardous waste regulation under the Illinois hazardous waste rules. This will

impose an undesirable and disproportionate regulatory burden on entities in Illinois.

Additionally, since Section 721.104 is already involved in this proceeding, it is appropriate for

the Board to address the deferral at this time.

The Board incorporated the federal amendments into the corresponding Illinois rules

with only minor deviations from the federal text. The tables beginning at page 16 indicate the

revisions made in the verbatim wording of the federal amendments.

The Board requests public comment on the petroleum waste-derived landfill waste exclusion

amendments.

Discussion of Miscellaneous Other Amendments not Federally Driven

The tables beginning on the next page of this opinion list numerous corrections and

amendments that are not based on current federal amendments. The first table includes

deviations made in this Proposal for Public Comment from the verbatim text of the federal

amendments. The second table contains corrections and clarifications that the Board

made i

the base text involved this proposal. The amendments listed in this second table are not

directly derived from the current federal amendments. Some of the entries in these tables are

discussed further in appropriate segments of the general discussion beginning at page 6 of this

opinion.

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

702.110 “remedial

action plan”

270.2 “remedial action

plan”

Placed defined term in quotes; added “or;”

used quotes in place of parentheses for

abbreviation “RAP;” added “

pursuant to 35

Ill. Adm. Code 703.Subpart H;” added comma before

“instead” to offset parenthetical; added “RCRA;”

added comma before conjunction to offset the final

element of a series

702.126(d)(2)

270.11(d)(2)

Added “alternative owner certification;”

changed personal pronoun “who” to “that”

703.121(b)

270.1(c)

Substituted “alternative requirements” for

“enforceable documents”

703.161

270.1(c)(7)

Deleted “at the discretion of the [Agency];”

removed parenthetical “in lieu of a post-

closure permit;” substituted “alternative

requirements” for “enforceable document”

(twice); substituted “that comply with” for

“imposing;” used “

an order of the Board . . . 35

Ill. Adm. Code 740 or 742” in place of “an order, a

plan, or other document . . .”

703.182 preamble

270.14(a)

Changed “post-closure permit” to “post-

closure care permit”

703.161

270.28

Shortened Section heading; changed “post-

closure permit” to “post-closure care

permit” (twice);

added comma before conjunction

to offset the final element of a series; changed “an

alternative authority is used in lieu of a post-closure

permit” to “it seeks alternative requirements;” added

comma before “as provided” to offset parenthetical

703.300

270.79

Changed Section heading to a declarative

statement; changed “this subpart is written”

to “

USEPA wrote the federal counterpart to this

Subpart, 40 CFR 270, Subpart H;” added sentence

about Board adaptation of Subpart H; added “all;”

added “Subpart”

703.301 Section

heading

Subpart subheading

Used subpart subheading as the Section

heading

703.301(a)

270.80

Rendered entire federal section as

subsection, renumbering subsections

accordingly

703.301(a)(1)

270.80(a)

Changed “you, as an owner or operator,

may” to “an owner or operator may;”

changed “you” to “the owner or operator”

703.301(a)(3)

270.80(c)

Added cross-reference to definitions section

703.301(a)(4)

270.80(d)

Added “either of the following”

703.301(a)(4)(B)

270.80(d)(2)

Added indefinite article “a;” used “or” in

place of “and/or”

703.301(a)(5)

270.80(e)

Changed “you are” to “an owner or

operator is;” changed “Federal or State

cleanup authorities” to

“authorities issued by

USEPA or the State of Illinois;” changed “your

RAP” to “a RAP;” changed “your obligations” to

“the obligations”

703.301(a)(6)

270.80(f)

Changed “you receive” to “an owner or

operator receives;”

changed “your interim status”

to “the facility’s interim status”

703.301(b)

270.85

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “do I” to “does an

owner or operator”

703.301(b)(1)

270.85(a)

Changed

“you treat, store, or dispose” to “an owner

or operator treats, stores, or disposes;” changed “you

must” to “an owner or operator shall”

703.301(b)(3)

270.85(c)

Changed “you” to “an owner or operator;”

changed “you must” to “an owner or operator shall”

(twice); changed “these RAPs” to “the RAP;”

changed “your” to “the owner’s or operator’s;”

hanged

“you submit” to “an owner or operator

submits;” changed “your permit” to “the owner’s or

operator’s RCRA permit” (twice); added comma to

offset prepositional phrase “when . . . modified;”

added comma to offset “therefore,” added comma to

offset final element of a series; used “the permit” in

place of “it”

703.301(c)

270.90

Rendered entire federal section as

subsection; changed “my” to “a;” changed

“me” to “an owner or operator;” changed

“me” to “it;” replaced note language about

compliance with a permit constituting

compliance with RCRA with a note

explaining the contrary is true under Illinois

law

703.302 Section

heading

Subpart subheading

Used subpart subheading as the Section

heading

703.302(a)

270.95

Rendered entire federal section as

subsection; changed section heading to a

declarative statement and used it as a

subsection heading;

changed “you must” to “an

owner or operator shall”

703.302(b)

270.100

Rendered entire federal section as

subsection; added a comma to offset final

element of a series

703.302(c)

270.105

Rendered entire federal section as

subsection;

changed “must” to “shall” (twice)

703.302(d)

270.110

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “I” to “an owner or

operator;” changed “my” to “its” (twice);

changed “you must” to “an owner or

operator shall”

703.302(d)(1)

270.110(a)

Changed “EPA” to “USEPA”

703.302(d)(5)

270.110(e)

Added “the following”

703.302(d)(5)(C)

270.110(e)(3)

Added a comma to offset the final element

of a series

703.302(d)(6)

270.110(f)

Added “the following;” added a comma to

offset the final element of a series

703.302(d)(6)(A)

270.110(f)(1)

Used “or” in place of “and/or”

703.302(d)(6)(C)

270.110(f)(3)

Changed “you” to “an owner or operator”

703.302(d)(7)

270.110(g)

Changed “your” to “an owner’s or

operator’s”

703.302(d)(8)

270.110(h)

Used lower case “federal”

703.302(d)(9)

270.110(i)

Added “adequately”

703.302(e)

270.115

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “you want” to “an

owner or operator wants;” substituted

citation to Illinois trade secrets protection

rules (twice); changed “you” to “an owner

or operator” (twice); changed “you submit”

to “an owner or operator submits” (four

times); changed “you must” to “an owner

or operator shall;” changed “your” to “its;”

changed “confidential business information”

to “trade secret;” changed “on each . . .

information” to “

in red ink as provided in 35 Ill.

Adm. Code 120.305

;” changed “you do assert”

to “an owner or operator asserts;

” added “in

compliance with 35 Ill. Adm. Code 120.201;” used

“Agency shall” in place of “EPA will;”

changed

“you do” to “an owner or operator does;”

used “Agency shall” in place of “EPA may;”

changed “you” to “the owner or operator;”

used “or” in place of “and/or”

703.302(f)

270.120

Rendered entire federal section as

subsection; changed “I” to “an owner or

operator;” changed “my” to “its;” changed

“you must” to “an owner or operator

shall;” changed “your” to “its”

703.302(g)

270.125

Rendered entire federal section as

subsection; changed “you submit” to “an

owner or operator submits” (twice);

changed “your” to “its” (three times);

changed “you must” to “an owner or

operator shall”

703.303 Section

heading

Subpart subheading

Used subpart subheading as the Section

heading

703.303(a)

270.130

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “an”

703.303(a)(1)

270.130(a)

Changed “your” to “an owner’s or

operator’s;” changed “your” to “the” (three

times); changed “Director will” to “Agency

shall” (twice)

703.303(a)(2)

270.130(b)

Changed “your” to “an owner’s or

operator’s” (three times); changed “your”

to “the” (three times); changed “you” to

“an owner or operator” (twice); changed

“you fail or refuse” to “an owner or

operator fails or refuses;” changed “your”

to “its;” added “either;” added

“or to approve

that application with certain changes” (twice); added

parenthetical “as allowed under Section 39 of the Act

[415 ILCS 5/39]” offset by comma;

changed

“Director will” to “Agency shall”

703.303(b)

270.135

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “it” to “the draft;”

added “the following information”

703.303(b)(1)

270.135(a)

Added definite article “the”

703.303(b)(2)(A)

270.135(b)(1)

Changed “your” to “the;” added comma

before “as required” to offset parenthetical

703.303(b)(2)(B)

270.135(b)(2)

Added definite article “the”

703.303(b)(2)(C)

270.135(b)(3)

Added definite article “the;” changed

“your” to “the”

703.303(c)

270.140

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “he must” to “it

shall;” added “do the following”

703.303(c)(2)

270.140(b)

Added “the following information”

703.303(c)(2)(C)

270.140(b)(2)

Changed “issuing Regional office” to

“applicable Agency office”

703.303(d)

270.145

Rendered entire federal section as

subsection, renumbering subsections

accordingly

703.303(d)(1)

270.145(a)

Changed “must” to “shall;” added “publish

notice of its intent as follows”

703.303(d)(1)(A)

270.145(a)(1)

Changed “you” to “an owner or operator”

(twice); changed “his” to “its;” changed

“your” to “an owner’s or operator’s”

703.303(d)(1)(B)

270.145(a)(2)

Changed “his” to “its;” changed “your” to

“an owner’s or operator’s”

703.303(d)(1)(C)

270.145(a)(3)

Changed “his” to “its;” changed “your” to

“an owner’s or operator’s”

703.303(d)(1)(D)

270.145(a)(4)

Changed “his” to “its;” changed “your” to

“an owner’s or operator’s” (twice)

703.303(d)(3)

270.145(c)

Added “the following information”

703.303(d)(3)(A)

270.145(c)(1)

Added “Agency”

703.303(d)(3)(I)

270.145(c)(9)

Added “that”

703.303(d)(4)

270.145(d)

Changed “his” to “its;” changed “your” to

“the owner’s or operator’s” (twice);

changed “must” to “shall” (twice);

changed “his” to “its;” added the following

additional information”

703.303(d)(4)(A)

270.145(d)(1)

Added indefinite article “a”

703.303(e)

270.150

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “will” to “must;”

changed “my” to “an”

703.303(e)(1)

270.150(a)

Changed “must” to “shall;” deleted

unnecessary comma after “period;” added

“the Agency may;” changed “your” to

“the”

703.303(e)(2)

270.150(b)

Changed “your” to “the owner’s or

operator’s” (three times); changed “you” to

“the owner or operator;” changed “your” to

“the”

703.303(e)(3)

270.150(c)

Changed “your” to “the owner’s or

operator’s” (twice); changed “he” to “it;”

changed “your” to “the;” changed “you” to

“the owner or operator;” changed “your” to

“the”

703.303(e)(4)

270.150(d)

Changed “he will” to “it shall”

703.303(e)(5)

270.150(e)

Changed “your” to “its;” changed “he will”

to “it shall”

703.303(e)(6)

270.150(f)

Changed “must” to “shall;” changed

“issuing Regional office” to “applicable

Agency office;” changed “which” to

“that;” added comma to offset

parenthetical, “as long as . . .;” added “the

following items”

703.303(e)(7)

270.150(g)

Changed “must” to “shall”

703.303(f)

270.155

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “an”

703.303(f)(1)

270.155(a)

Used singular “hearing;” changed “your” to

“the owner’s or operator’s;” changed

“who” to “that;” changed “the Director

will” to “the Agency shall;” used singular

“RAP;” added “the following information”

703.303(f)(1)(A)

270.155(a)(1)

Changed “the briefing schedule” to “the

public hearing and any briefing schedule”

703.303(f)(1)(B)

270.155(a)(2)

Changed “file an amicus brief

” to “participate

in the public hearing or file public comments or an

amicus brief”

703.303(g)

270.160

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “an;”

changed “your” to “an;” changed “30

days” to “35 days;” changed “you” to “the

owner or operator;” changed “your” to

“the;” added “any of the following is true;”

added ending explanatory Board Note

703.303(g)(1)

270.160(a)

Changed “his” to “its”

703.303(g)(2)

270.160(b)

Changed “you” to “an owner or operator;”

changed “your” to “the” (three times)

703.303(h)

270.165

Rendered entire federal section as

subsection; changed “you” to “an owner or

operator” (twice); changed “must” to

“shall”

703.304 Section

heading

Subpart subheading

Used subpart subheading as the Section

heading; changed question into a declarative

statement; changed “my” to “an”

703.304(a)

270.170

Rendered entire federal section as

subsection; changed “my” to ”an;” changed

“your” to “an;” changed “must” to “shall;”

changed “your” to “the” (twice); changed

“your” to “an owner’s or operator’s;”

changed “your” to “its”

703.304(b)

270.175

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “a”

703.304(b)(1)

270.175(a)

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “your” to “the

owner’s or operator’s;” changed “your” to

“its;” changed “will” to “shall;” changed

“my” to “a;” changed “your request” to

“the request of the owner or operator;”

added “the following”

703.304(b)(1)(A)

270.175(a)(1)

Changed “you” to “the owner or operator”

703.304(b)(1)(C)

270.175(a)(3)

Added a comma to offset the last element of

a series; deleted a comma separating the

elements of a two-element series

703.304(b)(1)(D)

270.175(a)(4)

Changed “your” to “the;” changed “your”

to “the owner’s or operator’s;” added

comma after “shortage” to offset

parenthetical; changed “you, as the

owner/operator have” to “an owner or

operator has”

703.304(b)(1)(E)

270.175(a)(5)

Changed “you are” to “the owner or

operator is;” changed “your” to “its”

703.304(b)(1)(F)

270.175(a)(6)

Changed “you” to “the owner or operator”

(twice)

703.304(b)(1)(G)

270.175(a)(7)

Changed “your” to “the owner’s or

operator’s;” added “the RAP”

703.304(b)(1)(H)

270.175(a)(8)

Changed “you have” to “the owner or

operator has;” added “and;” changed

“your” to “an”

703.304(b)(2)

270.175(b)

Changed “he” to “it”

703.304(b)(3)

270.175(c)

Changed “will” to “shall”

703.304(c)

270.180

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “a”

703.304(c)(1)

270.180(a)

Changed “your” to “a” (twice); changed

“his” to “its;” changed “will” to “ shall;”

changed “your” to “the owner’s or

operator’s”

703.304(c)(2)

270.180(b)

Changed “will” to “ shall”

703.304(d)

270.185

Rendered entire federal section as

subsection; changed “my” to “a” (twice);

changed “your” to “a” (twice); changed

“his” to “its;” changed “your” to “the”

(twice)

703.304(e)

270.190

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “a”

703.304(e)(1)

270.190(a)

Added a comma to offset final element of a

series (twice); removed comma from a two-

element series; changed “who” to “that”

(twice); used singular “hearing” (twice);

changed “your” to “a;” removed

unnecessary comma separating sentence

subject and verb

703.304(e)(2)

270.190(b)

Added a comma to offset final element of a

series; removed comma from a two-element

series; changed “who” to “that” (twice);

used singular “hearing” (twice); changed

“informally appeal” to “appeal”

703.304(e)(3)

270.190(c)

Changed “process” to “procedure;”

changed “informal appeal” to “appeal”

703.304(e)(3)(A)

270.190(c)(1)

Changed “must” to “shall;” changed

“letter” to “petition” (twice); added

reference to “35 Ill. Adm. Code 101 and

105;” added “state the defect . . . pursue

the appeal”

703.304(e)(3)(B)

270.190(c)(2)

Changed “60 days” to “120 days;” changed

“letter” to “petition”

703.304(e)(3)(C)

270.190(c)(3)

Changed “60 days” to “120 days”

703.304(e)(4)

270.190(d)

Changed “informal appeal” to “appeal”

703.304(f)

270.195

Rendered entire federal section as

subsection; changed “my” to “a;” changed

“will” to “shall” (twice); changed “you” to

“the owner or operator;” changed “your” to

“the;” changed “you continue” to “the

owner or operator continues;” added “the

Act and”

703.304(g)

270.200

Rendered entire federal section as

subsection; changed “I” to “an owner or

operator;” changed “my” to “a;” changed

“if it” to “that;” changed “you wish” to

“an owner or operator wishes;” changed

“your” to “a;” changed “you must” to “an

owner or operator “shall”

703.304(h)

270.205

Rendered entire federal section as

subsection; changed “have” to “has;”

changed “my” to “its;” changed “you

have” to “an owner or operator has;”

changed “your” to “an owner’s or

operator’s;” changed “your” to “the”

703.305 Section

heading

Subpart subheading

Used subpart subheading as the Section

heading; changed “your” to “a”

703.305(a)

270.210

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “I” to “an owner or

operator;” changed “my” to “its;” changed

“you are” to “an owner or operator is;”

added “the following”

703.305(a)(1)

270.210(a)

Changed “you submit” to “an owner or

operator submits;” used “three” in place of

“3”

703.305(a)(2)

270.210(b)

Changed “and/or” to “or;” changed “you”

to “an owner or operator;” changed “your”

to “the”

703.305(b)

270.215

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “my” to “the”

703.305(b)(1)

270.215(a)

Changed “your” to “a;” changed “you

must” to “the owner or operator shall;”

changed “your” to “the;” changed “you” to

“the owner or operator”

703.305(b)(2)

270.215(b)

Changed “you are” to “the owner or

operator is;” changed “your” to “its”

(twice); changed “you wish” to “the owner

or operator wishes;” changed “must” to

“shall” (twice); changed “you plan” to “an

owner or operator plans;” changed

“owner/operator” to “owner or operator”

703.305(b)(3)

270.215(c)

Changed “you wish” to “an owner or

operator wishes;” changed “your” to “its”

(three times); changed “you must” to “an

owner or operator shall;” changed “30

days” to “35 days;” changed “30th day” to

“35th day” (twice); changed “you” to “the

owner or operator” (twice)

703.305(b)(4)

270.215(d)

Changed “3 days” to “four days;” changed

“you wish” to “an owner or operator

wishes;” changed “your” to “its” (twice);

changed “you must” to “an owner or

operator shall;” changed “30 days” to “35

days;” changed “you” to “the owner or

operator” (twice); deleted sentence

extending time for appeal if the notice was

sent by mail

703.305(c)

270.220

Rendered entire federal section as

subsection, renumbering subsections

accordingly; changed “I” to “an owner or

operator;” changed “my” to “its”

703.305(c)(1)

270.220(a)

Changed “you wish” to “an owner or

operator wishes;” changed “your” to “its”

(twice); changed “you must” to “an owner

or operator shall;” changed

“owner/operator must” to “owner or

operator shall;” changed “you” to “the

owner or operator”

703.305(c)(2)

270.220(b)

Changed “you, as the old owner or operator

must” to “the old owner or operator shall;”

changed “must” to “shall” (three times);

changed “owner/operator” to “owner or

operator;” changed “tell you that you

longer need

” to “tell the owner or operator

that it

no longer needs

”

703.305(d)

270.225

Rendered entire federal section as

subsection; changed “must” to “shall;”

added parenthetical “incorporated by

reference . . .”

703.306

270.230

Changed “I” to “an owner or operator”

703.306(a)

270.230(a)

Changed “you” to “an owner or operator”

(twice)

703.306(b)

270.230(b)

Changed “must” to “shall”

703.306(c)

270.230(c)

Changed “you must” to “an owner or

operator shall;” changed “the Director will”

to “the Agency shall”

703.306(d)(4)

270.230(d)(4)

Changed “which” to “that;” changed “you

must” to “an owner or operator shall;”

added definite article “the”

703.306(d)(4) Board

Note

270.230(d)(4) Note

Changed “sites located in political

jurisdictions other than those listed in

Appendix VI of Part 264 of this chapter” to

“sites in Illinois;” changed “this” to “the;”

added “of subsection (d)(4) . . . Appendix

VI”

720.110 “corrective

action management

unit”

260.10 “corrective

action management unit”

¶ (3)

Changed “notwithstanding paragraph (2)”

to “notwithstanding the immediately

preceding paragraph;” added “a facility

that”

720.110 “

miscellaneous

unit

”

260.10 “

miscellaneous

unit

”

Changed a comma to a semicolon to offset

the final element of a series

720.110 “remediation

waste management site”

260.10 “Remediation waste

management site”

Added quotation marks to defined term; added a

comma to offset the final element of a series; added

“a remediation waste management site”

720.110 “staging pile”

260.10 “staging pile”

Added quotation marks to defined term

721.104(b)(15)

260.4(b)(15)

Added “the following conditions are

fulfilled”

721.104(b)(15)(A)

260.4(b)(15)(i)

Corrected the effective date of the

hazardous waste listing to “January 19,

1999”

721.104(b)(15)(C)

260.4(b)(15)(iii)

Added ending conjunction “and”

721.104(b)(15)(D)

260.4(b)(15)(iv)

Added “federal”

721.104(g)

260.4(g)

Deleted citation to the Marine Protection,

Research, and Sanctuaries Act; added “the

purposes of”

721.104(g) “dredged

material”

260.4(g)(1)

Added quotation marks to the defined term;

added parenthetical “as incorporated by

reference . . .”

721.104(g) “permit”

260.4(g)(2)

Added quotation marks to the defined term;

changed “Corps” to “Army Corps” (four

times); deleted “or an approved State;”

changed “U.S.C.” to “USC” (twice);

changed “paragraphs (g)(2)(i) and (ii)” to

“the preceding two paragraphs”

724.101(j)

264.1(j)

Added a comma to offset final element of a series;

changed “must” to “shall;” added “comply with the

following requirements”

724.101(j)(1)

264.1(j)(1)

Added “the owner or operator shall;” changed

“Administrator” to “USEPA;” changed “EPA” to

“USEPA”

724.101(j)(2)

264.1(j)(2)

Added “the owner or operator shall;” changed “must

be kept” to “the owner or operator shall keep the

analysis”

724.101(j)(3)

264.1(j)(3)

Added “the owner or operator shall;” added “the

site;” added “the owner or operator shall;” added “the

following;” deleted “that”

724.101(j)(4)

264.1(j)(4)

Added “the owner or operator shall” (twice); deleted

unnecessary commas before and after “or may lead

to;” deleted unnecessary comma before “or a threat to

human health;” changed “must” to “shall” (twice);

changed “owner/operator” to “owner or operator;”

moved adverb “immediately” before verb “take”

724.101(j)(5)

264.1(j)(5)

Added “the owner or operator shall”

724.101(j)(6)

264.1(j)(6)

Added “the owner or operator shall” (twice); added

comma to offset final element of a series

724.101(j)(7)

264.1(j)(7)

hanged “owner/operator” to “owner or operator”

(twice); changed “must” to “shall”

724.101(j)(8)

264.1(j)(8)

Added “the owner or operator shall;” added

comma to offset final element of a series

724.101(j)(9)

264.1(j)(9)

Added “the owner or operator shall;” added

comma to offset final element of a series

724.101(j)(10)

264.1(j)(10)

Added “the owner or operator shall;” added

comma to offset final element of a series

724.101(j)(11)

264.1(j)(11)

Added “the owner or operator shall”

724.101(j)(12)

264.1(j)(12)

Added “the owner or operator shall;” added

comma to offset final element of a series

724.101(j)(13)

264.1(j)(13)

Added “the owner or operator shall”

724.190(e)

264.90(e)

Changed “post-closure” to “post-closure care;”

deleted “or an enforceable document;” added “that

contains alternative requirements for the facility;”

deleted sentence “when the Agency . . . enforceable

document;” added sentence “No alternative

requirements . . . facility permit;” added explanatory

Board note

724.190(f)

264.90(f)

Changed “the Regional Administrator may”

to “

Board will or the Agency shall . . . a regulated

unit that;” added “as provided under 35 Ill. Adm.

Code 703.161;” changed “

Regional

Administrator” to “Board or Agency;”

added “the following”

724.190(f)(1)

264.90(f)(1)

Used plural “units”

724.190(f)(2)

264.90(f)(2)

Added “adequately”

724.201(d)

264.101(d)

Changed “this does” to “the requirements

of this Section do;” added a comma to

offset final element of a series

724.210(c)

264.110(c)

Changed “the Regional Administrator may”

to “

Board will or the Agency shall . . . a regulated

unit that;” added “closure and post-closure care;”

added “as provided under 35 Ill. Adm. Code

703.161;” changed “

Regional Administrator” to

“Board or Agency;” added “the following”

724.210(c)(1)

264.110(c)(1)

Used plural “units”

724.210(c)(2)

264.110(c)(2)

Added “adequately”

724.212(b)(8)

264.112(b)(8)

Changed “where the Regional Administrator

as applied alternative requirements” to

“where alternative requirements are established by

the Board or Agency;” changed “and/or” to “or;”

added “as provided under 35 Ill. Adm. Code

703.161;” changed “enforceable document

containing” to “Board order or Agency permit

establishing”

724.212(c)(2)(C)

264.112(c)(2)(iii)

Replaced ending comma with a semicolon;

added ending conjunction “or”

724.212(c)(2)(D)

264.112(c)(2)(iv)

Changed “Regional Administrator” to

“Board or Agency;” changed “apply” to

“establish;”

added “as provided under 35 Ill. Adm.

Code 703.161;” changed “and/or” to “or”

724.218(b)(4)

264.118(b)(4)

Used singular “a facility;” changed

“Regional Administrator” to “Board or

Agency;” changed “applied” to

“established;”

changed “and/or” to “or;” added

“as provided under 35 Ill. Adm. Code 703.161;”

changed “enforceable document containing” to

“Board order or Agency permit establishing”

724.218(d)(2)(C)

264.118(d)(2)(iii)

Changed ending period to a semicolon;

added ending conjunction “or”

724.218(d)(2)(D)

264.118(d)(2)(iv)

Changed “Regional Administrator” to

“Board or Agency;” changed “applied” to

“established;”

changed “and/or” to “or”

724.240(d)

264.140(d)

Changed “Regional Administrator” to

“Board” (twice); changed “may” to “will;”

added “establish alternative requirements that;”

added “financial assurance;” added “as provided

under 35 Ill. Adm. Code 703.161;” added “has done

the following”

724.240(d)(1)

264.140(d)(1)

Changed “prescribes” to “the Board has

established;”

added “established;” changed

“and/or” to “or”

724.240(d)(2)

264.140(d)(2)

Added “the Board;” added “financial

assurance;” added “adequately”

724.652(a)

264.552(a)

Changed

“and/or” to “or”

724.653(a)

264.553(a)

Deleted unnecessary comma before “as a

temporary unit;” changed owner/operator”

to “owner or operator;” used plural

“standards;” changed “which” to “that;”

added “adequately”

724.654

264.554

Added “all;” deleted “Environmental

Protection Agency (EPA);” added

“Section”

724.654(a)

264.554(a)

Added “which;” changed owner/operator”

to “owner or operator”

724.654(b)

264.554(b)

Changed “I” to “an owner or operator;”

changed “you” to “an owner or operator;”

changed “you follow” to “an owner or

operator follows;” changed “must” to

“shall” (twice)

724.654(c)

264.554(c)

Changed “I” to “an owner or operator;”

changed “you must” to “an owner or

operator shall”

724.654(c)(1)

264.554(c)(1)

Changed “your” to “the facility’s”

724.654(c)(2)

264.554(c)(2)

Changed “you provide” to “an owner or

operator provides;” added “adequately”

724.654(c)(3)

264.554(c)(3)

Added “adequately”

724.654(d)

264.554(d)

Changed “must” to “shall”

724.654(d)(1)(B)

264.554(d)(1)(ii)

Added “adequately;” added conjunction

“or”

724.654(d)(1)(D)

264.554(d)(1)(iv)

Changed “I” to “an owner or operator;”

changed “you must” to “an owner or

operator shall” (twice); changed “you

place” to “an owner or operator places;”

removed unnecessary comma before “or for

three years” separating two-element series

724.654(d)(2)

264.554(d)(2)

Changed “must” to “shall”

724.654(d)(2)(A)

264.554(d)(2)(i)

Added definite article “the”

724.654(d)(2)(B)

264.554(d)(2)(ii)

Added definite article “the;” changed “you

intend” to “an owner or operator intends”

724.654(d)(2)(C)

264.554(d)(2)(iii)

Added definite article “the”

724.654(d)(2)(D)

264.554(d)(2)(iv)

Added definite article “the”

724.654(d)(2)(E)

264.554(d)(2)(v)

Added definite article “the”

724.654(d)(2)(F)

264.554(d)(2)(vi)

Added definite article “the”

724.654(e)

264.554(e)

Changed “you must” to “an owner or

operator shall”

724.654(e)(1)

264.554(e)(1)

Changed “you have” to “an owner or

operator has;” changed “you” to “it;”

changed “it” to “the waste;” added “the

following is true of the waste”

724.654(e)(1)(B)

264.554(e)(1)(B)

Changed “you have” to “an owner or

operator has”

724.654(e)(2)

264.554(e)(2)

Changed “you manage” to “an owner or

operator manages”

724.654(f)

264.554(f)

Changed “do I” to “does an owner or

operator;” changed “you must” to “an

owner or operator shall”

724.654(f)(1)

264.554(f)(1)

Changed “you must” to “an owner or

operator shall;” changed “you have” to “an

owner or operator has”

724.654(f)(2)

264.554(f)(2)

Added a comma to offset final element of a

series; changed “you must” to “an owner or

operator shall”

724.654(f)(3)

264.554(f)(3)

Changed “you must” to “an owner or

operator shall”

724.654(g)

264.554(g)

Added “federal” (twice)

724.654(h)

264.554(h)

Changed “I” to “an owner or operator;”

changed “you must” to “an owner or

operator shall”

724.654(i)

264.554(i)

Changed “I” to “an owner or operator”

724.654(i)(1)

264.554(i)(1)

Deleted “the Director;” changed “you

must” to “an owner or operator shall;”

added “the following is true of”

724.654(i)(1)(A)

264.554(i)(1)(A)

Added “continued operation”

724.654(i)(1)(B)

264.554(i)(1)(B)

Added “continued operation”

724.654(i)(2)

264.554(i)(2)

Changed “may” to “shall”

724.654(j)(1)

264.554(j)(1)

Changed “you must” to “an owner or

operator shall;” added “of the following”

724.654(j)(2)

264.554(j)(2)

Changed “you must” to “an owner or

operator shall;” added “adequately”

724.654(j)(3)

264.554(j)(3)

Changed “must” to “shall”

724.654(k)(1)

264.554(k)(1)

Changed “you must” to “an owner or

operator shall;” removed unnecessary

semicolon before “or according to . . .”

separating two-element series

724.654(k)(2)

264.554(k)(2)

Changed “must” to “shall”

724.654(l)(1)

264.554(l)(1)

Added “of the following must occur”

724.654(l)(1)(A)

264.554(l)(1)(i)

Changed “must” to “shall”

724.654(l)(1)(B)

264.554(l)(1)(ii)

Changed “you must” to “an owner or

operator shall”

724.654(l)(2)

264.554(l)(2)

Changed “you must” to “an owner or

operator shall”

724.654(l)(3)

264.554(l)(3)

Changed “you must” to “an owner or

operator shall”

724.654(l)(4)

264.554(l)(4)

Changed “you must” to “an owner or

operator shall”

724.654(m)

264.554(m)

Changed “must” to “shall”

725.190(f)

264.90(f)

Changed “the Regional Administrator may”

to “

Board will or the Agency shall . . . a regulated

unit that;” added “as provided under 35 Ill. Adm.

Code 703.161;” changed “

Regional

Administrator” to “Board or Agency;”

added “the following”

725.190(f)(1)

264.90(f)(1)

Added definite article “the;” used plural

“units”

725.190(f)(2)

264.90(f)(2)

Added “groundwater monitoring;” added

“adequately”

725.210(c)

265.110(c)

Added “which;” changed “enforceable

document” to “alternative requirements;”

changed “as defined in” to “established

pursuant to”

725.210(d)

265.110(d)

Changed “the Regional Administrator may”

to “

Board will or the Agency shall . . . a alternative

requirements that;” added “closure and post-closure

care;” added “as provided under 35 Ill. Adm. Code

703.161;” changed “

Regional Administrator” to

“Board or Agency;” added “the following”

725.210(d)(1)

265.110(d)(1)

Added definite article “the;” used plural

“units”

725.210(d)(2)

265.110(d)(2)

Changed “and/or” to “and;” added

“adequately”

725.212(b)(7)

265.112(b)(7)

Replaced ending punctuation from a period

to a semicolon; added conjunction “and”

725.212(b)(8)

265.112(b)(8)

Changed “Regional Administrator” to

“Board or Agency;” changed “and/or” to “or;” added

“as provided under 35 Ill. Adm. Code 703.161;”

removed an unnecessary comma separating a two-

element series; changed “enforceable document

containing” to “Board order or Agency permit

establishing”

725.212(c)(1)(C)

265.112(c)(2)(iii)

Replaced ending comma with a semicolon;

added ending conjunction “or”

725.212(c)(1)(D)

264.112(c)(2)(iv)

Changed “Regional Administrator” to

“Board or Agency;” changed “apply” to

“establish;”

added “as provided under 35 Ill. Adm.

Code 703.161;” changed “and/or” to “or”

725.218(c)(4)

264.118(c)(4)

Used singular “a facility”

725.218(c)(5)

264.118(c)(5)

Used singular “a facility;” changed

“Regional Administrator” to “Board or

Agency;” changed “applied” to

“established;”

changed “and/or” to “or;” added

“as provided under 35 Ill. Adm. Code 703.161;”

changed “enforceable document containing” to

“Board order or Agency permit establishing”

725.218(d)(1)(C)

264.118(d)(1)(iii)

Changed “Regional Administrator” to

“Board or Agency;” changed “applied” to

“established;”

changed “and/or” to “or”

725.221 Section

heading

265.121

Added “alternative;” added “care”

725.221(a)

265.121(a)

Used singular “an owner or operator . . .

is;” changed “who” to “that;” changed “but

who obtain enforceable documents in lieu of

post-closure permits” to “for which the

Board or Agency has established alternative

requirements;” changed “under” to “in;”

changed “must” to “shall”

725.221(a)(2)

265.121(a)(2)

Added ending conjunction “and”

725.221(b)

265.121(b)

Added subsection heading

725.221(b)(1)

265.121(b)(1)

Added subsection heading

725.221(b)(1)(A)

265.121(b)(1)

Changed subsection indent level; changed

“the Regional Administrator, in issuing

enforceable documents” to “in issuing

alternative requirements under this Section,

the Board;” added parenthetical “as such

. . . provisions of the Act;” added ending

colon

725.221(b)(1)(A)

265.121(b)(1)(i)

Deleted conditional provision

725.221(b)(1)(A)

265.121(b)(1)(ii)

Deleted conditional provision

725.221(b)(1)(A)

265.121(b)(1)(iii)

Deleted conditional provision

725.221(b)(1)(A)(i)

265.121(b)(1)

Added citation for site-specific rulemaking

725.221(b)(1)(A)(ii)

265.121(b)(1)

Added citation for adjusted standard

725.221(b)(1)(A)(iii)

265.121(b)(1)

Added citation for variance

725.221(b)(1)(B)

265.121(b)(1)

Added introductory language

725.221(b)(1)(B)(1)

265.121(b)(2)

Moved adverb “immediately” before verb

“implement;” changed “may” to “shall”

725.221(b)(1)(B)(2)

265.121(b)(3)

Used probable state effective date of

“August 6, 1999” (twice); added “care;”

added “adequately”

725.240(d)

265.140(d)

Changed “Regional Administrator” to

“Board” (twice); changed “may” to “will;”

added “establish alternative requirements that;”

added “financial assurance;” added “as provided

under 35 Ill. Adm. Code 703.161;” added “has done

the following”

725.240(d)(1)

265.140(d)(1)

Changed “prescribes” to “the Board has

established;”

added “established;” changed

“and/or” to “or”

725.240(d)(2)

265.140(d)(2)

Added “the Board;” added “financial

assurance;” added “adequately”

726.180(a)

266.80(a)

Changed “you generate, collect, transport,

store, or regenerate” to “an owner or

operator generates, collects, transports,

stores, or regenerates;” changed “you” to

“the owner or operator;” changed “your” to

“its”

726.180(a) table

266.80(a) table

Changed “your” to “the;” changed “you”

to “and owner or operator” (three times);

changed “* * *” to ellipses; changed “are”

to “is” (eight times); changed “generate,

collect, and/or transport” to “generates,

collects, or transports;” removed

unnecessary comma from a two-element

series (four times); changed “store” to

“stores” (twice); changed “you” to “the

owner or operator” (three times); changed

“reclaim” to “reclaims” (twice); changed

“must” to “shall;” offset parenthetical “as

appropriate” with commas; changed

“don’t” to “does not”

726.180(b)

266.80(b)

Changed “you store” to “an owner or

operator stores;” changed “you reclaim” to

“it reclaims” (twice); changed “you” to “an

owner or operator;” changed “you store” to

“the owner or operator stores;” changed

“your” to “its;” changed “you don’t” to

“the owner or operator does not;” changed

“your” to “the owner’s or operator’s”

726.180(b)(1)

266.80(b)(1)

Used singular “an interim status facility;”

changed “you must” to “an owner or

operator shall;” added “the following

requirements”

726.180(b)(2)

266.80(b)(2)

Added indefinite article “an;” added “the

following requirements”

726.180(b)(2)(A)

266.80(b)(2)(i)

Added definite article “the”

728.139(c)

268.39(c)

Omitted past effective date

728.140(j)

268.40(i)

Corrected conflicting subsection number;

omitted past effective date; use

d “USEPA

hazardous waste numbers;” referred to “Table T of

this Part;” offset table title with commas; offset

parenthetical “for nonwastewaters” with commas,

deleting semicolon; removed comma after

conjunction “and;” offset parenthetical “as defined by

. . .” with commas (four times); separated major

elements of a series with semicolons (three times);

added explanatory Board note

728.Table T “K157”

268.40(a) table

Retained correct spelling of “carbamoyl”

728.Table T “K158”

268.40(a) table

Retained correct spelling of “carbamoyl”

728.Table T footnote

268.40(a) table

Referred to “the table in this Section;”

offset

parenthetical “for nonwastewaters” with commas,

deleting semicolon; removed comma after

conjunction “and;” offset parenthetical “as defined by

. . .” with commas (four times); separated major

elements of a series with semicolons (three times)

Board Amendments Not Federally-Derived

Section

Revision(s)

702.110

“Administrator”

Removed unnecessary comma

702.110 “elementary

neutralization unit”

Added a comma to offset final element of a series

702.110 “physical

construction”

Added a comma to offset final element of a series

702.110 Board Note

Updated citation to corresponding federal provision; changed indent

level to reflect applicability to the entire Section

702.126(a)(1)(A)

Changed personal pronoun “who” to “that”

702.126(a)(1)(B) Board

Note

Changed “above” to “of this Section” (twice)

702.126(b)

Changed “above” to “of this Section”

702.126(b)(1)

Changed “above” to “of this Section”

702.126(c)

Changed “above” to “of this Section”

702.126(d)(1)

Changed “above” to “of this Section;” changed personal pronoun

“who” to “that” in the certification statement

702.126 Board Note

Updated citation to corresponding federal provision; changed indent

level to reflect applicability to the entire Section

703.121(a)

Added comma to offset final element of a series

703.121(b)

Changed “post-closure permit” to “post-closure care permit” (twice);

added comma to offset final element of a series

703.121(c)

Changed “post-closure permit” to “post-closure care permit”

703.121 Board Note

Updated citation to corresponding federal provision; changed indent

level to reflect applicability to the entire Section

703.157

Moved “is made”

703.157(e)

Added a comma to offset final element of a series

703.157 Board Note

Updated citation to corresponding federal provision; changed indent

level to reflect applicability to the entire Section

703.182 Board Note

Corrected Board Note format; updated citation to corresponding

federal provision; changed indent level to reflect applicability to the

entire Section

703.183

Added subsection (r) and renumbered subsections (r) through (u) to (s)

through (v) to maintain structural consistency with the corresponding

federal provision

703.183(b)

Added a comma to offset final element of a series

703.183 Board Note

Updated citation to corresponding federal provision; changed indent

level to reflect applicability to the entire Section

703.Appendix A

¶ A.4.

Added a comma to offset final element of a series

703.Appendix A

¶ A.4.a.

Added a comma to offset final element of a series

703.Appendix A

¶ B.6.b.

Added a comma to offset final element of a series

703.Appendix A

¶ B.6.d.

Added a comma to offset final element of a series

703.Appendix A

¶ C.1.a.

Added a comma to offset final element of a series

703.Appendix A

¶ C.1.b.

Added a comma to offset final element of a series

703.Appendix A

¶ C.5.

Added a comma to offset final element of a series

703.Appendix A

¶ D.1.f.

Added a comma to offset final element of a series

703.Appendix A

¶ D.3.f.

Added a comma to offset final element of a series

703.Appendix A

¶ E.1.

Added a comma to offset final element of a series

703.Appendix A

¶ F.1.a.

Added a comma to offset final element of a series

703.Appendix A

¶ F.1.c.

Added spaces to separate sentences (twice)

703.Appendix A

¶ F.4.a.

Added spaces to separate sentences (twice)

703.Appendix A

¶ F.4.b.

Added spaces to separate sentences (twice)

703.Appendix A

¶ G.1.c.

Added a comma to offset final element of a series

703.Appendix A

¶ G.1.d.

Added a comma to offset final element of a series

703.Appendix A

¶ G.1.e.

Added spaces to separate sentences (twice)

703.Appendix A

¶ G.5.c.

Added spaces to separate sentences

703.Appendix A

¶ G.5.d.

Added spaces to separate sentences

703.Appendix A

¶ H.3.

Added a comma to offset final element of a series

703.Appendix A

¶ H.5.

Added a comma to offset final element of a series

703.Appendix A

¶ H.5.c.

Added spaces to separate sentences

703.Appendix A

¶ H.5.d.

Added spaces to separate sentences

703.Appendix A ¶ I.

Added spaces to separate sentences (twice)

703.Appendix A ¶ J.3.

Added a comma to offset final element of a series

703.Appendix A ¶ J.4.

Added a comma to offset final element of a series

703.Appendix A

¶ J.6.a.

Added a comma to offset final element of a series

703.Appendix A

¶ J.6.b.

Added a comma to offset final element of a series

703.Appendix A

¶ J.6.c.

Added spaces to separate sentences

703.Appendix A

¶ J.6.d.

Added spaces to separate sentences

703.Appendix A

¶ K.13.

Added a comma to offset final element of a series

703.Appendix A

¶ L.1.

Added a comma to offset final element of a series; added spaces to

separate sentences

703.Appendix A

¶ L.2.

Added a comma to offset final element of a series; added spaces to

separate sentences

703.Appendix A

¶ L.3.

Added a comma to offset final element of a series (three times); added

spaces to separate sentences

703.Appendix A

¶ L.4.

Added a comma to offset final element of a series; added missing

spaces between sentences

703.Appendix A

¶ L.5.a.

Added a comma to offset final element of a series; added spaces to

separate sentences

703.Appendix A

¶ L.8.

Corrected “nonhazardous” to “non-hazardous”

703.Appendix A Board

Note

Updated the

Code of Federal Regulations

and

Federal Register

citation

720.110 “active

portion”

Added a comma to offset final element of a series

720.110 “ancillary

equipment”

Added a comma to offset final element of a series

720.110 “aquifer”

Added a comma to offset final element of a series

720.110 “authorized

representative”

Added a comma to offset final element of a series

720.110 “aquifer”

Added a comma to offset final element of a series

720.110 “boiler”

Added a comma to offset final element of a series

720.110 “container”

Added a comma to offset final element of a series

720.110 “contingency

plan”

Added a comma to offset final element of a series

720.110 “corrective

action management

unit”

Added “or ‘CAMU’”

720.110 “designated

facility”

Added a comma to offset final element of a series

720.110 “dike”

Added a comma to offset final element of a series

720.110 “discharge”

Added a comma to offset final element of a series

720.110 “disposal”

Added a comma to offset final element of a series

720.110 “elementary

neutralization unit”

Added a comma to offset final element of a series

720.110 “EPA

identification number”

Added a comma to offset final element of a series

720.110 “federal, state, and

local approvals or permits

necessary to begin physical

construction”

Added a comma to offset final element of a series

720.110 “hazardous waste

management unit”

Added a comma to offset final element of a series

720.110 “incinerator”

Added a comma to offset final element of a series

720.110 “incompatible

waste”

Added a comma to offset final element of a series

720.110 “in operation”

Added a comma to offset final element of a series

720.110 “liner”

Added a comma to offset final element of a series (twice)

720.1

10 “miscellaneous

unit”

Changed “which” to “that;” added a comma to offset final element of

a series (twice); changed commas to semicolons for a super-series (ten

times); added a semicolon to offset the final element of a series

720.110 “owner”

Changed “who” to “that”

720.110 “point source”

Added a comma to offset final element of a series

720.110 “qualified

groundwater scientist”

Added a comma to offset final element of a series

720.110 “replacement

unit”

Added a comma to offset final element of a series (twice)

720.110 “runoff”

Added a comma to offset final element of a series

720.110 “runon”

Added a comma to offset final element of a series

720.110 “sludge”

Added a comma to offset final element of a series (three times)

720.110 “storage”

Added a comma to offset final element of a series

720.110 “sump”

Moved definition into alphabetical order within the Section; added a

comma to offset final element of a series

720.110 “surface

impoundment”

Added a comma to offset final element of a series (twice)

720.110 “thermal

treatment”

Added a comma to offset final element of a series

720.110

“transportation”

Added a comma to offset final element of a series

720.110 “transporter”

Added a comma to offset final element of a series

720.110 “treatment”

Added a comma to offset final element of a series (four times)

720.110 “treatment

zone”

Added a comma to offset final element of a series

720.110 “underground

injection”

Added a comma to offset final element of a series

720.111(b)

Updated edition of the

Code of Federal Regulations

incorporated by

reference; added incorporations of

40 C.F.R. 232.2 and 40 C.F.R. 270.5

721.104(a)(8)(B)

Added a comma to offset final element of a series

721.104(a)(12)(B)

Separated from preceding subsection (a)(12) by adding hard returns

721.104(a)(14)(B)

Added a comma to offset final element of a series

721.104(a)(16)(C)

Added a comma to offset final element of a series

721.104(a)(18)(B)

Corrected subsection number format by adding parenthesis mark

721.104(f)(4)

Corrected “nonhazardous” to “non-hazardous”

724 table of contents

Added a comma to offset final element of a series in the heading for

Section 724.101; added “care” to heading for Subpart G; changed

“post closure” to capitalized “post-closure care” in heading for

Section 724.218

724.101 Section

heading

Added a comma to offset final element of a series

724.101(g)(8)(D)

Added “adequately;” changed “who” to “that”

724.173(b)(8)

Changed “post-closure” to “post-closure care”

724.190(a)(2)

Added a comma to offset final element of a series

724.190(b)(2)(C)

Added a comma to offset final element of a series

724.190(c)(4)

Added a comma to offset final element of a series

724.201(a)

Added a comma to offset final element of a series; added “adequately”

724.201(c)

Changed “must” to “shall;” added “adequately”

724.Subpart G heading

Added “care”

724.212(b)(3)

Added a comma to offset final element of a series

724.212(b)(4)

Added a comma to offset final element of a series (twice)

724.212(c)

Added a comma to offset final element of a series

724.212(c)(2)(A)

Deleted unnecessary conjunction “or”

724.212(c)(2)(B)

Deleted unnecessary conjunction “or;” replaced ending comma with a

semicolon

724.218 Section

heading

Changed “post closure” to “post-closure care”

724.218(a)

Added “care” (five times)

724.218(b)

Added “care”

724.218(b)(1)

Added a comma to offset final element of a series

724.218(b)(2)(A)

Added a comma to offset final element of a series

724.218(b)(2)(B)

Added a comma to offset final element of a series; replaced ending

semicolon with a period; removed unnecessary ending conjunction

“and”

724.218(b)(3)

Added a comma to offset final element of a series; added “care”

724.218(c)

Added “care” (three times)

724.218(d)

Added “care” (twice)

724.218(d)(1)

Added “care”

724.218(d)(2)

Added “care;” added “whenever any of the following occurs” and

ending colon

724.218(d)(2)(A)

Added “care;” removed unnecessary ending conjunction “or”

724.218(d)(2)(C)

Added “care;” removed unnecessary ending conjunction “or”

724.218(d)(3)

Added “care” (four times); added a comma to offset final element of a

series

724.218(d)(4)

Added “care”

724.652(a)

Corrected “720.10” to “720.110”

724.652(e)(4)

Added “care”

724.652(e)(4)(A)(ii)

Added “adequately”

724.652(e)(4)(D)

Added “care;” added “adequately;” added a comma to offset final

element of a series

724.652 Board note

Deleted unnecessary cross-reference to corresponding federal

provision; changed “U.S. EPA” to “USEPA” (three times)

724.653 Board note

Deleted unnecessary cross-reference to corresponding federal

provision; changed “U.S. EPA” to “USEPA” (three times)

725 table of contents

Added a comma to offset final element of a series in the heading for

Section 725.101; added “care” to heading for Subpart G; changed

“post closure” to capitalized “post-closure care” in heading for

Section 725.218

725.101 Section

heading

Added a comma to offset final element of a series

725.101(a)

Added “care” (twice)

725.101(b)

Added “care”

725.101(b)(1)(A)

Added a comma to offset final element of a series

725.101(c)(3)

Added a comma to offset final element of a series

725.101(c)(10)

Changed “must” to “shall”

725.101(c)(11)(B)

Changed “must” to “shall”

725.101(c)(11)(D)

Added “adequately;” changed “who” to “that”

725.101(d)

Added a comma to offset final element of a series

725.190(a)

Added a comma to offset final element of a series; changed “must” to

“shall”

725.190(b)

Changed “must” to “shall” (twice); added a comma to offset final

element of a series

725.190(c)(1)(A)

Added a comma to offset final element of a series

725.190(c)(1)(B)

Added a comma to offset final element of a series

725.190(c)(2)(A)

Added a comma to offset final element of a series

725.190(d)

Added a comma to offset final element of a series; change

d “he must” to

“it shall”

724.212(a)

Changed to lower case “plan;” added a comma to offset final element

of a series

725.212(b)(1)

Deleted unnecessary conjunction “and”

725.212(b)(2)

Deleted unnecessary conjunction “and”

725.212(b)(3)

Added a comma to offset final element of a series; deleted unnecessary

conjunction “and”

725.212(b)(4)

Added a comma to offset final element of a series (twice); deleted

unnecessary conjunction “and”

725.212(b)(5)

Deleted unnecessary conjunction “and”

725.212(b)(6)

Deleted unnecessary conjunction “and”

725.212(b)(4)

Deleted unnecessary conjunction “and”

725.212(c)(1)(A)

Replaced ending comma with a semicolon; deleted unnecessary ending

conjunction “or”

725.212(c)(1)(B)

Replaced ending comma with a semicolon; deleted unnecessary ending

conjunction “or”

725.212(c)(2)

Changed “who” to “that”

725.212(c)(3)

Changed “who” to “that;” corrected “702.280” to “703.280;”

removed comma from cross-reference and changed “below” to “of

this Section”

725.212(c)(4)

Removed comma from cross-reference and changed “below” to “of

this Section;” changed “who” to “that;” corrected “702.280” to

“703.280;” removed comma from cross-reference and changed

“below” to “of this Section”

725.212(d)(1)(A)

Added a comma to offset final element of a series

725.212(d)(1)(C)

Added a comma to offset final element of a series

725.212(d)(1)(D)

Added a comma to offset final element of a series

725.212(d)(1)(F)

Added a comma to offset final element of a series

725.212(d)(4)

Added a comma to offset final element of a series

725.218 Section

heading

Changed “post closure” to “post-closure care”

725.218(a)

Added “care” (twice)

725.218(b)

Added “care” (four times); added a comma to offset final element of a

series

725.218(c)

Added “care”

725.218(c)(1)

Added a comma to offset final element of a series; added “care”

725.218(c)(2)(A)

Added a comma to offset final element of a series

725.218(c)(2)(B)

Added a comma to offset final element of a series; replaced ending

semicolon with a period; removed unnecessary ending conjunction

“and”

725.218(c)(3)

Added a comma to offset final element of a series

725.218(d)

Added “care” (three times)

725.218(d)(1)

Added “care”

725.218(d)(1)(A)

Added “care”

725.218(d)(1)(B)

Added “care”

725.218(d)(2)

Added “care” (twice)

725.218(d)(3)

Added “care” (four times); changed “who” to “that”

725.218(d)(4)

Deleted “above” from and added “of this Section” to cross-reference;

added “care” (twice); changed “who” to “that”

725.218(e)

Added “care”

725.218(f)(1)

Added “care” (four times)

725.218(g)

Added “care” (twice)

725.218(g)(1)(A)(i)

Added “care;” added a comma to offset final element of a series

725.218(g)(1)(B)(i)

Added “care”

725.218(g)(2)

Added “care”

725.218(g)(2)(B)

Added “care”

725.240(b)(3)

Changed ending punctuation from a period to a comma

726.180(b)(1)(A)

Added definite article “the;” added abbreviation “RCRA” in

parentheses

726.180(b)(1)(G)

Added a comma to offset final element of a series

726.200(a)

Deleted “below” from and added “of this Section” to cross-reference

726.200(b)(4)

Changed “U.S. EPA” to “USEPA”

726.200(c)

Added a comma to offset final element of a series

726.200(c)(1)

Deleted “below” from and added “of this Section” to cross-reference

726.200(c)(1)(A)(ii)

Deleted “below” from and added “of this Section” to cross-reference

726.200(c)(1)(C)

Changed “nonhazardous” to “non-hazardous”

726.200(c)(2)(A)

Deleted “above” from and added “of this Section” to cross-reference

726.200(c)(2)(B)

Deleted “above” from and added “of this Section” to cross-reference

726.200(c)(3)

Changed “must” to “shall;” deleted “above” from and added “of this

Section” to cross-reference (twice)

726.200(c)(3)(A)

Changed cross-reference format to “Appendices K, L, and M of this

Part;” deleted “above” from and added “of this Section” to cross-

reference

726.200(c)(3)(A)(i)

Changed cross-reference format to “Appendix K of this Part;”

changed cross-reference format to “Appendix L of this Part;” changed

cross-reference format to “Appendix M of this Part”

726.200(c)(3)(A)(iv)

Deleted “above” from and added “of this Section” to cross-reference

(three times)

726.200(c)(3)(B)

Changed cross-reference format to “Appendix K of this Part;”

changed cross-reference format to “Appendix L of this Part;” changed

cross-reference format to “Appendix M of this Part”

726.200(c)(3)(B)(iii)

Changed cross-reference format to “Appendix D or E of this Part”

726.200(f)

Corrected spelling of “regulated”

726.200(g) “RAC”

Changed cross-reference format to “Appendix D of this Part”

726.200(g) “RSD”

Changed cross-reference format to “Appendix E of this Part”

726.200(g) “toxicity

equivalence”

Changed cross-reference format to “Appendix I of this Part”

728 Table of contents

Corrected heading for Section 728.139 to agree with the federal text

728.102 “halogenated

organic compounds”

Changed cross-reference format to “Appendix C of this Part”

728.102 “inorganic

metal-bearing waste”

Changed cross-reference format to “Appendix K of this Part”

728.102 “land

disposal”

Added “‘land disposal’;” removed comma from two-element series;

added comma to offset final element of a series

728.102 “USEPA”

Moved the alternative defined term “‘U.S. EPA’”

728.139

Corrected the Section heading to agree with the federal text

728.139(c)

Deleted past effective date

728.139(e)

Replaced expired provision with explanatory language

728.139(g)

Changed “must” to “shall”

728.140(e)

Changed “nonhazardous” to “non-hazardous”

728.150(a)(1)

Added a comma to offset final element of a series (twice); changed

“who” to “that;” changed “who” to “which;” changed “must” to

“shall”

728.150(a)(2)

Added a comma to offset final element of a series (three times);

corrected spelling of “containment”

728.150(a)(3)

Added ending period

728.150(b)

Added a comma to offset final element of a series (twice)

728.150(c)

Added a comma to offset final element of a series (twice)

728.150(f)

Deleted “above” from and added “of this Section” to cross-reference

728.Table T “F027”

Corrected spelling of “containing”

728.Table T “F037”

Added a comma to offset the final element of a series (twice);

corrected spelling of aggressive (twice)

728.Table T “F038”

Added a comma to offset the final element of a series (twice);

corrected spelling of aggressive (twice)

728.Table T “K156”

Deleted parenthetical statement not present in the federal text

728.Table T “K157”

Deleted parenthetical statement not present in the federal text

728.Table T “K158”

Deleted parenthetical statement not present in the federal text

728.Table T footnote 8

Changed “nonhazardous” to “non-hazardous”

728.Table T footnote 9

Changed “nonhazardous” to “non-hazardous”

728.Table T Board

note

Updated reference to

Code of Federal Regulations

and

Federal

Register

citations

728.Table U footnote 6

Changed footnote to reflect that USEPA removed it

728.Table U Board

note

Updated reference to

Code of Federal Regulations

and

Federal

Register

citations

HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION

AGENCY OR BOARD ACTION

EDITORIAL CONVENTIONS

The Board appends the following three discussions to this opinion. The first is a

summary history of the Illinois RCRA Subtitle C and UIC programs. It lists all Board actions

taken to adopt and maintain these programs since their inceptions. It includes a listing of all

site-specific rulemaking and adjusted standards proceedings filed that relate to these programs.

It also lists all USEPA program authorizations issued to date. The second is a discussion of

how the Board codifies requirements that call for state determinations, such as exemptions or

exceptions. The third discussion relates to our use of language in the codification of identical-

in-substance rules. We intend these as reference aids for interested persons in the regulated

community.

History of RCRA Subtitle C and UIC Adoption

The Illinois UIC (Underground Injection Control) and RCRA (Resource Conservation

and Recovery Act) Subtitle C regulations, together with more stringent state regulations

particularly applicable to hazardous waste, include the following Parts of Title 35 of the

Illinois Administrative Code:

700

Outline of Waste Disposal Regulations (Repealed)

702

RCRA Subtitle C and UIC Permit Programs

703

RCRA Subtitle C 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

731

Underground Storage Tanks

732

Petroleum Underground Storage Tanks

733

Standards for Universal Waste Management

738

Hazardous Waste Injection Restrictions

739

Standards for the Management of Used Oil

Special provisions for RCRA Subtitle C cases are included in Parts 102, 103, 104, and

106 of the Board’s procedural rules.

History of RCRA Subtitle C and State Hazardous Waste Rules Adoption

The Board has adopted and amended the Resource Conservation and Recovery Act

(RCRA) Subtitle C hazardous waste rules in several dockets. Dockets R81-22 and R82-18

dockets dealt with the Phase I RCRA Subtitle C regulations. The Board adopted RCRA

Subtitle C Phase II regulations in Parts 703 and 724 in dockets R82-19 and R83-24. USEPA

reviewed and authorized the Illinois Phase I and Phase II regulations. The entire listing of all

RCRA Subtitle C identical-in-substance rulemakings follows (with the period of corresponding

federal revisions indicated in parentheses). A listing of federal authorizations of the Illinois

program to date, as noticed in the

Federal Register

, appears at the end of this historical

summary of the Illinois hazardous waste program.

R81-22

45 PCB 317, September 16, 1981 and February 4, 1982; 6 Ill. Reg.

4828, April 23, 1982, effective May 17, 1982. (5/19/80 through

10/1/81)

R82-18

51 PCB 31, January 13, 1983; 7 Ill. Reg. 2518, March 4, 1983,

effective May 17, 1982. (11/11/81 through 6/24/82)

R82-19

53 PCB 131, July 26, 1983, 7 Ill. Reg. 13999, October 28, 1983,

effective October 2, 1983. (11/23/81 through 10/29/82)

R83-24

55 PCB 31, December 15, 1983, 8 Ill. Reg. 200, January 6, 1984,

effective December 27, 1983. (Corrections to R82-19)

R84-9

64 PCB 427 and 521, June 13 and 27, 1985; 9 Ill. Reg. 11964, August

2, 1985, effective July 8 and 24, 1985. (1/19/83 through 4/24/84)

R85-22

67 PCB 175, 479, December 20, 1985 and January 9, 1986; 10 Ill. Reg.

968, January 17, 1986, effective January 2, 1986. (4/25/84 through

6/30/85)

R86-1

71 PCB 110, July 11, 1986; 10 Ill. Reg. 13998, August 22, 1986,

effective August 12, 1986. (7/1/85 through 1/31/86)

R86-19

73 PCB 467, October 23, 1986; 10 Ill. Reg. 20630, December 12,

1986, effective December 2, 1986. (2/1/86 through 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, effective March 23, 1987. Correction at 77

PCB 235, April 16, 1987; 11 Ill. Reg. 8684, May 1, 1987, effective

April 21, 1987. (4/1/86 through 6/30/86)

R86-46

79 PCB 676, July 16, 1987; 11 Ill. Reg. 13435, August 14, 1987,

effective August 4, 1987. (7/1/86 through 9/30/86)

R87-5

82 PCB 391, October 15, 1987; 11 Ill. Reg. 19280, November 30,

1987, effective November 10 and 12, 1987. (10/1/86 through 12/31/86)

R87-26

84 PCB 491, December 3, 1987; 12 Ill. Reg. 2450, January 29, 1988,

effective January 15, 1988. (1/1/87 through 6/30/87)

On September 6, 1984, the Third District Appellate Court upheld the Board's actions in adopting R82-19 and

R83-24. Commonwealth Edison Co. v. PCB, 127 Ill. App. 3d 446; 468 N.E.2d 1339 (3d Dist. 1984).

R87-32

Correction to R86-1; 81 PCB 163, September 4, 1987; 11 Ill. Reg.

16698, October 16, 1987, effective September 30, 1987.

R87-39

90 PCB 267, June 16, 1988; 12 Ill. Reg. 12999, August 12, 1988,

effective July 29, 1988. (7/1/87 through 12/31/87)

R88-16

93 PCB 513, November 17, 1988; 13 Ill. Reg. 447, January 13, 1989,

effective December 28, 1988. (1/1/88 through 7/31/88)

R89-1

103 PCB 179, September 13, 1989; 13 Ill. Reg. 18278, November 27,

1989, effective November 13, 1989. (8/1/88 through 12/31/88)

R89-9

109 PCB 343, March 8, 1990; 14 Ill. Reg. 6225, April 27, 1990,

effective April 16, 1990. (1/1/89 through 6/30/89)

R90-2

113 PCB 131, July 3, 1990; 14 Ill. Reg. 14401, September 7, 1990,

effective August 22, 1990. (7/1/89 through 12/31/89)

R90-11

121 PCB 97, April 11, 1991; corrected at 122 PCB 305, May 23, 1991;

corrected at 125 PCB 117, August 8, 1991; uncorrected at 125 PCB

435, August 22, 1991; 15 Ill. Reg. 9323, effective June 17, 1991.

(Third Third Land Disposal Restrictions) (4/1/90 through 6/30/90)

R90-17

Delisting Procedures (See below)

R91-1

125 PCB 119, August 8, 1991; 15 Ill. Reg. 14446, effective September

30, 1991. (Wood Preserving Rules) (7/1/90 through 12/30/90)

R91-13

132 PCB 263, April 9, 1992; 16 Ill. Reg. 9489, effective June 9, 1992.

(Boilers and Industrial Furnaces (BIFs) Rules) (1/1/91 through 6/30/91)

R91-26

129 PCB 235, January 9, 1992; 16 Ill. Reg. 2600, effective February 3,

1992. (Wood Preserving Rules Compliance Dates)

R92-1

136 PCB 121, September 17, 1992; 16 Ill. Reg. 17636, effective

November 6, 1992. (7/1/91 through 12/31/91)

R92-10

138 PCB 549, January 21, 1993; 17 Ill. Reg. 5625, effective March 26,

1993. (Leak Detection Systems (LDS) Rules) (1/1/92 through 6/30/92)

R93-4

September 23, 1993; 17 Ill. Reg. 20545, effective November 22, 1993.

(Used Oil Rules) (7/1/92 through 12/31/92)

R93-16

March 17, 1994, Supplemental opinion and order on April 21, 1994.

(1/1/93 through 6/30/93)

R94-7

June 23, 1994; 18 Ill. Reg. 12160, effective July 29, 1994. (7/1/93

through 12/31/93)

R94-17

October 20, 1994; 18 Ill. Reg. 17480, effective November 23, 1994.

(1/1/94 through 6/30/94)

R95-6

June 1 and 15, 1995; 19 Ill. Reg. 9501, effective June 27, 1995.

(Consolidated with R95-4, UIC Update.) (7/1/94 through 12/31/94)

R95-20

June 20, 1996; 20 Ill. Reg. 10929, effective August 1, 1996. (1/1/95

through 6/30/95)

R96-10

November 6, 1997, 22 Ill. Reg. 256, effective December 16, 1997.

(Consolidated with R97-3, UIC Update, and R97-5, RCRA Subtitle C

update.) (7/1/95 through 12/31/95)

R97-5

November 6, 1997, 22 Ill. Reg. 256, effective December 16, 1997.

(Consolidated with R96-10, RCRA Subtitle C update, and R97-3, UIC

Update.) (1/1/96 through 6/30/96)

R97-21

August 20, 1998. (Consolidated with R98-5, RCRA Subtitle C update,

and R98-3, UIC Update.) (7/1/96 through 12/31/96)

R98-5

August 20, 1998. (Consolidated with R97-21, RCRA Subtitle C update,

and R98-3, UIC update.) (1/1/97 through 6/30/97)

R98-21

December 17, 1998. (Consolidated with R99-2, RCRA Subtitle C

update, and R99-7, UIC update.) (7/1/97 through 12/31/97)

R99-2

December 17, 1998. (Consolidated with R98-21, RCRA Subtitle C

update, and R99-7, UIC update.) (1/1/98 through 6/30/98)

R99-15

This docket. (7/1/98 through 12/31/98)

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, December 21,

1984, 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 P.A. 85-1048, effective January 1, 1989.

The Board has adopted USEPA delistings at the request of Amoco, Envirite, USX, and

CSI (the date of the corresponding federal action is included in parentheses):

R85-2

69 PCB 314, April 24, 1986; 10 Ill. Reg. 8112, May 16, 1986, effective

May 2, 1986. (Amoco Corp.)

R87-30

90 PCB 665, June 30, 1988; 12 Ill. Reg. 12070, July 22, 1988, effective

July 12, 1988. (Envirite Corp.)

R91-12

128 PCB 369, December 19, 1991; 16 Ill. Reg. 2155, effective January

27, 1992. (USX Corp.)

R95-20

June 20, 1996; 20 Ill. Reg. 10929, effective August 1, 1996. (1/1/95

through 6/30/95) (CSI)

On April 30, 1990, USEPA authorized Illinois to grant waste delistings. Upon this

authorization, USEPA transferred pending delisting petitions to the Board. The Board

docketed these as site-specific rulemaking proceedings (the name of the petitioner/waste

generator appears in parentheses):

R90-18

Dismissed at 123 PCB 65, June 6, 1991. (USX Corp., South Works)

R90-19

Dismissed at 116 PCB 199, November 8, 1990. (Woodward Governor

Co.)

R90-23

Dismissed at 124 PCB 149, July 11, 1991. (Keystone Steel, and Wire

Co.)

The Board has modified the delisting procedures to allow the use of adjusted standards

in lieu of site-specific rulemakings:

R90-17

119 PCB 181, February 28, 1991; 15 Ill. Reg. 7934, effective May 9,

1991.

Waste generators have filed Part 106 adjusted standard petitions for solid waste

determinations with the Board pursuant to Section 720.130 (generator name in parentheses):

AS89-4

Dismissed at 105 PCB 269, November 15, 1989. (Safety-Kleen Corp.)

AS89-5

Dismissed at 113 PCB 111, July 3, 1990. (Safety-Kleen Corp.)

AS90-7

Dismissed at 124 PCB 125, July 11, 1991. (Quantum Chemical Co.)

AS97-9

Granted, September 3, 1998. (Recycle Technologies, Inc.)

AS99-3

Presently pending. (Big River Zinc Corp.)

Waste generators have filed Part 106 adjusted standard petitions for hazardous waste

delistings with the Board pursuant to Section 720.122 (generator name in parentheses):

AS91-1

Granted at 130 PCB 113, February 6, 1992, and modified at 133 PCB

189, April 23, 1992. (Keystone Steel, and Wire Co.)

AS91-3

Granted at 139 PCB 121, February 4, 1993; opinion issued at 140 PCB

105, March 11, 1993. (Peoria Disposal Co.)

AS93-7

Granted February 17, 1994. (Keystone Steel, and Wire Co.)

AS94-10

Granted December 14, 1994. (Envirite Corporation.)

The Board has procedures to be followed in cases before it involving the RCRA

Subtitle C regulations:

R84-10

62 PCB 87, 349, December 20, 1984 and January 10, 1985; 9 Ill. Reg.

1383, effective January 16, 1985.

The Board also adopted special procedures to be followed in certain determinations

under Part 106. The Board adopted these Part 106 special procedures in R85-22 and amended

them in R86-46, listed above.

One Part 106 adjusted standard proceeding filed pursuant to 728.106 sought relief from

a prohibition against land disposal (petitioner’s name in parentheses):

AS90-6

Dismissed at 136 PCB 93, September 17, 1992. (Marathon Petroleum

Co.)

Other adjusted standard proceedings sought relief from aspects of the land disposal unit

closure and post-closure care requirements (petitioners’ names in parentheses):

AS90-8

130 PCB 349, February 27, 1992. (Olin Corp.)

AS91-4

131 PCB 43, March 11, 1992. (Amoco Oil Co.)

One adjusted standard proceeding sought relief from a RCRA Subtitle C land disposal

restriction (petitioner’s name in parentheses):

AS90-6

136 PCB 6, September 17, 1992. (Marathon Petroleum Co.)

Still another adjusted standard proceeding related to substantive treatment, storage, and

disposal facility requirements of the RCRA Subtitle C regulations (petitioner’s name and

requirements involved in parentheses):

AS91-10

Dismissed May 19, 1994. (Cabot Corp.; secondary containment for

tanks)

A final adjusted standard filed under 35 Ill. Adm. Code 725.213(e) allowed the

continued operation of a lagoon that had formerly received hazardous waste but which did not

comply with the liner and leachate collection system requirements of 35 Ill. Adm. Code

725.321 (petitioner’s name and requirements involved in parentheses):

AS98-6

Granted March 18, 1999. (Metropolitan Water Reclamation District of

Greater Chicago)

In another regulatory proceeding, the Board has considered granting temporary relief

from the termination of a hazardous waste listing in the form of an emergency rule (Peti-

tioner’s name in parentheses):

R91-11

Dismissed at 125 PCB 295, August 8, 1991. (Big River Zinc Corp.)

The Board has also adopted requirements limiting and restricting the landfilling of

liquid hazardous wastes, hazardous wastes containing halogenated compounds, and hazardous

wastes generally:

R81-25

60 PCB 381, October 25, 1984; 8 Ill. Reg. 24124, December 14, 1984,

effective December 4, 1984.

R83-28

68 PCB 295, February 26, 1986; 10 Ill. Reg. 4875, March 21, 1986,

effective March 7, 1986.

R86-9

Emergency regulations adopted at 73 PCB 427, October 23, 1986; 10

Ill. Reg. 19787, November 21, 1986, effective November 5, 1986.

The Board’s action in adopting emergency regulations in R86-9 was reversed by the

First District Court of Appeals. (Citizens for a Better Environment v. PCB, 152 Ill. App. 3d

105, 504 N.E.2d 166 (1st Dist. 1987).)

Public Act 90-502, eff. Aug. 19, 1997, amended Section 22.23a of the Act to require the Board to

designate high intensity discharge lamps and fluorescent lamps as a category of universal waste based on a

proposal to be filed by the Agency. The Board adopted such amendments to the Illinois hazardous waste rules on

April 2, 1998, effective April 15, 1998. In The Matter of: Amendments of 35 Ill. Adm. Code 703, 720, 721, 724,

725, 728, and 733 (Standards For Universal Waste Management

(April 2, 1998), R98-12.

USEPA periodically reviews the Illinois hazardous waste program. As a result of these

reviews, USEPA has granted Illinois a number of authorizations. The

Federal Register

citations for the authorizations are listed as follows:

47 Fed. Reg. 21043 (May 17, 1982) (Phase I authorization).

51 Fed. Reg. 3778 (Jan. 30, 1986) (Phase II authorization), effective January 31,

1986.

53 Fed. Reg. 126 (Jan. 5, 1988) (partial HSWA authorization), effective March 5,

1988.

54 Fed. Reg. 37649 (Sep. 12, 1989) (approvals codified as 40 C.F.R. 272.700 and

272.701), effective November 13, 1989

55 Fed. Reg. 7320 (Mar. 1, 1990), effective April 30, 1990

56 Fed. Reg. 13595 (Apr. 3, 1991), effective June 3, 1991

57 Fed. Reg. 3731 (Jan. 31, 1992), effective March 31, 1992

59 Fed. Reg. 30525 (June 14, 1994), effective August 14, 1994

61 Fed. Reg. 10684 (Mar. 15, 1996), effective May 14, 1996

61 Fed, Reg. 40520 (Aug. 5, 1996), effective October 4, 1996

History of UIC Rules Adoption

The Board has adopted and amended Underground Injection Control (UIC) regulations

in several dockets to correspond with the federal regulations. One such docket, R82-18, was a

RCRA Subtitle C docket. The entire listing of all UIC rulemakings follows (with the period of

corresponding federal revisions indicated in parentheses):

R81-32

47 PCB 93, May 13, 1982; 6 Ill. Reg. 12479, October 15, 1982,

effective February 1, 1984. (7/7/81 through 11/23/81)

R82-18

51 PCB 31, January 13, 1983; 7 Ill. Reg. 2518, March 4, 1983,

effective May 17, 1982. (11/11/81 through 6/24/82)

R83-39

55 PCB 319, December 15, 1983; 7 Ill. Reg. 17338, December 20,

1983, effective December 19, 1983. (4/1/83)

R85-23

70 PCB 311 and 71 PCB 108, June 20 and July 11, 1986; 10 Ill. Reg.

13274, August 8, 1986, effective July 28 and 29, 1986. (5/11/84

through 11/15/84)

R86-27

Dismissed at 77 PCB 234, April 16, 1987. (No USEPA amendments

through 12/31/86).

R87-29

85 PCB 307, January 21, 1988; 12 Ill. Reg. 6673, April 8, 1988,

effective March 28, 1988. (1/1/87 through 6/30/87)

R88-2

90 PCB 679, June 30, 1988; 12 Ill. Reg. 13700, August 26, 1988,

effective August 16, 1988. (7/1/87 through 12/31/87)

R88-17

94 PCB 227, December 15, 1988; 13 Ill. Reg. 478, January 13, 1989,

effective December 30, 1988. (1/1/88 through 6/30/88)

R89-2

107 PCB 369, January 25, 1990; 14 Ill. Reg. 3059, March 2, 1990,

effective February 20, 1990. (7/1/88 through 12/31/88)

R89-11

111 PCB 489, May 24, 1990; 14 Ill. Reg. 11948, July 20, 1990,

effective July 9, 1990. (1/1/89 through 11/30/89)

R90-5

Dismissed at 109 PCB 627, March 22, 1990. (No USEPA amendments

12/1/89 through 12/31/89)

R90-14

122 PCB 335, May 23, 1991; 15 Ill. Reg. 11425, effective July 24,

1991. (1/1/90 through 6/30/90)

R91-4

Dismissed at 119 PCB 219, February 28, 1991. (No USEPA

amendments 9/1/90 through 12/31/90)

R91-16

Dismissed at 128 PCB 229, December 6, 1991. (No USEPA

amendments 1/1/90 through 6/30/91)

R92-4

Dismissed at 133 PCB 107, April 9, 1992. (No USEPA amendments

7/1/91 through 12/31/91)

R92-13

139 PCB 361, February 4, 1993; 17 Ill. Reg. 6190, effective April 5,

1993. (1/1/92 through 6/30/92)

R93-6

August 5, 1993; 17 Ill. Reg. 15641, effective September 14, 1993.

(7/1/92 through 12/31/92)

R93-17

Dismissed at September 23, 1993. (No USEPA amendments 1/1/93

through 6/30/93)

R94-5

November 3, 1994; 18 Ill. Reg. 18244, effective December 20, 1994.

(7/1/93 through 12/31/93)

R94-24

October 6, 1994. (USEPA amendments 7/1/93 through 12/31/94

included in RCRA Subtitle C docket R94-17)

R95-4

June 1 and 15, 1995; 19 Ill. Reg. 9501, effective June 27, 1995.

(Consolidated with R95-6, RCRA Subtitle C Update.) (7/1/94 through

12/31/94)

R95-18

Dismissed October 5, 1995. (No USEPA amendments 1/1/95 through

6/30/95)

R96-8

Dismissed February 15, 1996. (No USEPA amendments 7/1/95 through

12/31/95)

R97-3

November 6, 1997, 22 Ill. Reg. 256, effective December 16, 1997.

(Consolidated with R96-10 and R97-5, RCRA Subtitle C updates.)

(1/1/96 through 6/30/96)

R97-19

Dismissed May 1, 1997. (No USEPA amendments 7/1/96 through

12/31/96)

R98-3

August 20, 1998. (Consolidated with R97-21 and R98-5 RCRA Subtitle

C updates.) (1/1/97 through 6/30/97)

R98-19

Dismissed February 19, 1998. (No USEPA amendments 7/1/97 through

12/31/97)

R99-7

December 17, 1998. (Consolidated with R98-21 and R99-2, RCRA

Subtitle C updates.) (1/1/98 through 6/30/98)

R99-13

Dismissed February 18, 1999. (No USEPA amendments 7/1/98 through

12/31/98)

In one proceeding filed, the Board granted an adjusted standard from a UIC land

disposal restriction, pursuant to the procedures outlined above with respect to the RCRA

Subtitle C program (petitioner name in parentheses):

AS92-8

Granted February 17, 1994. (Cabot Corp.; no migration exception)

USEPA authorized the Illinois UIC program on March 3, 1984, at 49 Fed. Reg. 3991

(Feb. 1, 1984); codified that approval as 40 C.F.R. 147, Subpart O, at 49 Fed. Reg. 20197

(May 11, 1984); and amended the authorization at 53 Fed. Reg. 43087 (Oct. 25, 1988) and 56

Fed. Reg. 9414 (Mar. 6, 1991).

Agency or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the program USEPA will

retain decision making authority. Based on the general division of functions within the Act and other Illinois

statutes, the Board is also to specify which State agency is to make decisions.

In situations in which the Board has determined that USEPA will retain decision-

making authority, the Board has replaced “Regional Administrator” with USEPA, so as to

avoid specifying which office within USEPA is to make a decision.

In some identical-in-substance rules, certain decisions pertaining to a permit application are not

appropriate for the Agency to consider. In determining the general division of authority between the Agency and

the Board, the following factors should be considered:

Whether the person making the decision is applying a Board regulation, or

taking action contrary to (“waiving”) a Board regulation. It generally takes

some form of Board action to “waive” a Board regulation.

Whether there is a clear standard for action such that the Board can give

meaningful review to an Agency decision.

Whether the action would result in exemption from the permit requirement

itself. If so, Board action is generally required.

Whether the decision amounts to “determining, defining or implementing

environmental control standards” within the meaning of Section 5(b) of the Act.

If so, it must be made by the Board.

There are four common classes of Board decisions: variance, adjusted standard, site-

specific rulemaking, and enforcement. The first three are methods by which a regulation can

be temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard

or site-specific rulemaking). There often are differences in the nomenclature for these

decisions between the USEPA and Board regulations.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify

that the above opinion was adopted on the 8th day of April 1999 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board