RECEIVED

CLERK’S

OFF!CE

MAR

29

2002

STATE

OP IWNOIS

R02-l

Pollution

Control Board

(Identical-in-Substance

Rulemaking

-

Land)

RCRA

SUBTITLE

C UPDATE,

USEPA

AMENDMENTS

(July

1 through December

31, 2001 and January 22,

2002)

R02-12

(Identical

-

in-Substance

Rulemaking

-

Land)

UIC UPDATE,

USEPA AMENDMENTS

(July

1,

2001 through December

31,

2001)

R02-17

(Identical-in-Substance

Rulemaking

-

Land)

(Consolidated)

__

~

NOTICE

TO:

Dorothy Gunn,

Clerk

Illinois Pollution. Control Board

100 West Randolph Street

Suite 11-500

Chicago,

Illinois 60601

PLEASE TAKE NOTICE

that

I

have filed with

the Office

of

the

Clerk

of

the

Illinois

Pollution

Control

Board,

the

RESPONSE

OF

THE

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

PURSUANT

TO PUBLIC COMMENT PERIOD FOR

PROPOSED

IDENTICAL-IN-SUBSTANCE

RULES,

a

copy

of

which

is

herewith

served upon you.

an J

Associat,7Counsel

Division of Legal Counsel

Dated: March18,

2002

Agency File Number:

1021 North Grand Avenue East

Post Office Box 19276

Springfield,

Illinois 62794-9276

BEFORE THE

L

BOARD

OF THE STATE OF ILLINOIS

IN THE MATTER OF:

RCRA SUBTITLE C UPDATE,

USEPA

AMENDMENTS

(January

1,

2001 through

June

30,

2001)

)

)IS ENVIRONMENTAL

ION AGEI~CY,

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

IN

THE

MATTER

OF:

RCRA SUBTITLE

C UPDATE, USEPA

AMENDMENTS

(January

1,

2001 through

June 30,

2001)

R02-1

(Identical-in-Substance

Rulemaking

-

Land)

RECEIVED

CLEr~pcs

r~r~r?r’~’

MAR

2

92002

STATE OF

ILLINOIS

RCRA SUBTITLE

C UPDATE, USEPA

AMENDMENTS

(July

1 through December

31, 2001 and January 22,

2002)

R02-12

(Identical-in-Substance

Rulemaking

-

Land)

UIC UPDATE,

USEPA AMENDMENTS

(July

1,

2001 through December

31, 2001)

)

R02-17

(Identical-in-Substance

Rulemaking

-

Land)

(Consolidated)

RESPONSE OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

PURSUANT TO PUBLIC COMMENT PERIOD FOR PROPOSED

IDENTICAL-IN-SUBSTANCE RULES.

NOW COMES

THE

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

(hereinafter

“Agency”),

by

and

through

one

of

its

attorneys,

Susan

J.

Schroeder,

pursuant

to

Section

7.2

of

the

Environmental

Protection

Act

(“Act”)

with responses

to proposed amendments

to the Resource Conservation and

Recovery

Act

of

1976,

Subtitle

C

(RCRA

Subtitle

C)

Hazardous

Waste

Management regulations at 40 C.F.R.

260

et

seq,

and to the underground

injection

control

(UIC)

regulations

that

USEPA

adopted

to

implement

Section 1421

of the federal

Safe Drinking Water Act

(SDWA)at

42 U.S.C.

300h.

The proposed

regulations were published through

an order

of

the

Board

dated January 24,

2002.

The Agency’s

comments pursuant

to the public

comment

period

for

the

proposed

identical-in-substance

rules

are

included with this filing as Attachments A and B.

Respectfully submitted,

ILLIM IS ENVIRONMENTAL

usan J. Sclfoeder

Associate ~6unse1

Division of Legal Counsel

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

ATTACHMENT

A

FEDERAL REGISTER

CITATION

FEDERAL SECTION

AFFECTED

STATE SECTION

AFFECTED

COMMENTS

66 FR 58258

268.40

728.Table

T

For waste code

“Kl76

-

Mercury”,

CAS2

No.

reads as

“7438-97-6”.

Field should

be corrected to read as “7439-97-6”.

For waste code

“1(178

—

1,2,3,4,6,7,8-

Heptachlorodibenzo-p-dioxin,”

CAS2

No.

reads

as “35822-46-9”. Field should be

corrected to read as “35822-39-4”.

For waste code “HxCDD’s,”

CAS2

No.

does

not appear in State Rule.

For waste code “HxCDF’s,”

CAS2

No.

does

not appear

in State Rule.

Omitted

entry

in

State

Rule

for

l,2,3,4,6,7,8,9-Octachlorodibenzofuran.

For

waste

code

“PeCDD’s,”

CAS2

No.

does

not

appear

in

State

Rule.

For waste code

“PeCDF’s,”

CAS2 No.

does

not

appear

in

State

Rule.

For waste

code

“TCDD’s,”

CAS2

No.

does

not

appear

in

State

Rule.

For waste

code

“TCDF’s,”

CAS2

No.

does

not appear in State Rule.

For

waste

code

“Thallium,”

the

non-

wastewater concentration limit does

not

appear in the State rule.

Language

in

the

Federal

rule

indicates

that

a

concentration

limit

of

0.20

mg/L

TCLP

has been established.

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

ATTACHMENT

B

1.

The Agency would like

to thank the Board

for

its quick action

in

response

to

the

amendments

to

the

federal

corrective

action

management unit

(“CAMU”)

regulations adopted by the United States

Environmental

Protection

Agency

(“USEPA”)

on

January

22,

2002.

The

Agency

respectfully

reiterates

its

request

that

the

Board

complete

this

rulemaking

by

April

22,

2002,

at least with respect

to

the

CAMU

regulation

amendments,

so

the

Agency

can

obtain

interim authorization by rule for those amendments.

2.

The

Board

requests

comments

on

the

text

and location

of

Board

Notes

proposed

in

response

to

its

review

of

Battery

Recyclers,

Inc.

v.

EPA,

208

F.3d

1047

(D.C.

Cir.

2000)

a.

Regarding

the

Board

Note

proposed

for

Sections

728.124(a)

and

728.134(a),

the

Agency

agrees

with

the

text

of

the

note.

Since

the

Board’s

adoption

of

the

proposed

Board

Note,

the

USEPA,

in

response

to

Battery

Recyclers,

amended

40

C.F.R.

§

261.24(a)

to

exclude

manufactured

gas

plant

waste

from

the

Toxicity

Characteristic

Leaching

Procedure

requirement

of that Section.

See

67 Fed.

Reg.

11251

(March

13,

2002)

.

Because

the

USEPA

amended

only

40

C.F.R.

§

261.24(a),

it

appears

that

Section

728.134(a),

the

corresponding Board regulation,

is

the proper location for

the

Board

Note.

b.

The Board

also

proposes

the

addition

of

a

Board

Note

to

Sections

721.102(c) (3)

and

721.104(a) (17).

The

Agency

notes

that

the

USEPA’s

recent

rulemaking

also

amended

40

C.F.R.

§~

261.2(c)

(3)

and

261.4(a)

(17)

in

response

to

Battery Recyclers,

the

federal

regulations

corresponding

to

Sections

721.102(c)

(3)

and

721.104(a)

(17)

of

the

Board’s

regulations.

3.

The Board proposes

to

change Section 724.654(g)

so

the

first

sentence reads

as follows:

“Staging piles

are

subject

to land

disposal

restrictions

and

federal

minimum

technological

requirements.”

This

language

conflicts

with

the

deleted

language

it

replaces,

as

well

as

the

remainder

of

the

paragraph.

A

“not”

should

be

added

to

the

sentence

so

it

reads

as

follows:

“Staging

piles

are

not

subject

to

land

disposal

restrictions

and

federal

minimum

technological

requirements.”

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

STATE

OF

ILLINOIS

COUNTY

OF

SANGAMON

PROOF

OF

SERVICE

I,

the

undersigned,

on

oath

state

that

I

have

served

the

attached

NOTICE

and

RESPONSE

OF

THE

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

PURSUANT

TO

PUBLIC COMMENT

PERIOD

FOR PROPOSED

IDENTICAL-IN-SUBSTANCE

RULES

upon

the

person

to

whom

it

is

directed,

by placing

a copy in an

envelope addressed to:

Dorothy Gunn,

Clerk

Pollution Control Board

100

West

Randolph

Street

Suite

11-500

Chicago,

Illinois

60601

(FEDERAL

EXPRESS)

and

mailing

it

from

Springfield,

Illinois

on

March

28,

2002,

with

sufficient postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

this

28th

day of March, 2002.

Notary Public

X

OFFICIAL

SEAL

*

BRENDA BOEHNER

Z

*

NOTARY

PUBLIC,

STATE

OF

ILLINOIS

~:

:!.MY

COMMISSION

EXPIRES

11.14.2OO5~:

THIS FILING IS SUBMITTED ON RECYCLED PAPER