ILLINOIS POLLUTION CONTROL BOARD
    February 19, 1998
    IN THE MATTER OF:
    )
    )
    RCRA SUBTITLE D UPDATE, USEPA
    ) R98-20
    REGULATIONS (July 1, 1997, through
    ) (Identical-in-Substance)
    December 31, 1997)
    ) (Land Rules)
    Proposed Rule. Dismissal Order.
    ORDER OF THE BOARD (by G.T. Girard):
    Pursuant to Section 22.40(a) of the Environmental Protection Act (Act), the Board
    would normally propose amendments to the Illinois regulations that are “identical in
    substance” with U.S. Environmental Protection Agency (USEPA) amendments to the
    municipal solid waste landfill (MSWLF) rules adopted pursuant to Sections 4004 and 4010 of
    Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended
    (RCRA Subtitle D). The term “identical in substance” has been defined in Section 7.2 of the
    Act. The Board reserved this docket for USEPA amendments during the period from July 1,
    1997, through December 31, 1997.
    During the covered update period, USEPA did not amend its 40 CFR 258 RCRA
    Subtitle D MSWLF regulations in any way that would require Board action. Only the
    following two actions occurred during the update period:
    1.
    A direct final rule published on July 29, 1997, (62 Fed. Reg. 40713) granted
    exceptions to certain requirements for some small landfills. Specifically, the
    exceptions affected aspects of the rules pertaining to daily cover, gas
    monitoring, final cover, and financial assurance mechanisms.
    2.
    USEPA published a notice on October 2, 1997, (62 Fed. Reg. 51606) indicating
    that it had received no adverse comment to its July 29, 1997, action, so the
    amendments of that direct final rule would become effective on October 27,
    1997.
    The Board included consideration of these federal actions in the prior RCRA Subtitle D
    update docket R97-20, adopted November 20, 1997. No further Board action is necessary
    based on these federal amendments.
    For the foregoing reasons, no action is necessary at this time, and the Board hereby
    dismisses this proceeding.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify
    that the above order was adopted on the 19th day of February 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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