ILLINOIS POLLUTION CONTROL BOARD
January
11,
1995
IN THE
MATTER OF:
)
)
R95-6
RCRA
SUBTITLE
C UPDATE,
)
(Identical in
Substance Rules)
USEPA
REGULATIONS
)
(7-1-94 ThROUGH 12-31-94)
)
ORDER
OF THE BOARD (by
E.
Dunham):
This
matter is before the Board on
the January 9,
1995
motion of the illinois
Environmental Regulatory Group
(IERG), which seeks
expedited Board consideration of
certain federal amendments to
the RCRA Subtitle C regulations.
The
motion states that on
September
19,
1994,
U.S.
EPA amended the hazardous waste regulations by adopting the
Phase II land
disposal restrictions (Phase II LDRs), also called the universal treatment
standards.
The Phase II LDRs
differ from
the prior
federal
LDRs of 40 CFR 268, presently
codified
in
the Illinois RCRA
Subtitle C regulations as 35
Ill.
Adm.
Code 728.
IERG asserts
that the Phase II LDRs
are inconsistent with
the existing Illinois LDRs,
and that the existence
of the two sets of regulations has
caused
confusion and increased the burden of compliance
for the regulated community.
IERG
requests prompt Board action,
asserting
that such action
will correct
the inconsistencies between
the
state and federal regulations and avoid future
confusion and conflict.
IERG
states that the Agency concurs
with
this request to
the best of
IERG’s knowledge.
Section 22.4(a) provides for quick adoption of regulations that are “identical in
substance”
to
federal
regulations adopted by
U.S.
EPA
to
implement Sections
3001
through
3005 of the Resource
Conservation and Recovery Act of 1976
(RCRA, 42
U.S.C.
§~
6921-
6925).
Section 22.4(a)
further provides that the Board may deal with multiple federal
amendments that occurred
in a single six-month period
together in
the same proceeding.
Thus,
it has
been the Board’s
practice to
deal with
the federal RCRA
Subtitle C
amendments
in
two dockets each calendar year:
one for the period January
1 through June 30,
and the
other for the period
July
1
through December
31.
To date, the Board is aware
that U.S.
EPA amended the federal
hazardous waste regulations during the period
July
1
through
December
31,
1994
in
the following actions:
July 28,
1994
(59
Fed. Reg.
38536)
Exclusion of certain
in-process
recycled petroleum
refining
secondary materials
from the definition of
solid waste.
Aug. 24,
1994
(59
Fed. Reg.
43496)
Conditional exemption of hazardous waste-derived
products used in a manner constituting disposal
from Subtitle
C regulation.
Sep.
19,
1994
(59 Fed. Reg.
47980)
Corrections to
land disposal restrictions.
2
Sep.
19,
1994
(59
Fed. Reg.
47982)
Phase II land disposal restrictions (universal
treatment
standards).
Dec.
6,
1994
(59 Fed. Reg.
62896)
Air pollution standards
for HWM
facilities.
Generally, the Board would wait until we have received
the List of Sections
Affected
for the Code of Federal Regulations
for December,
1994
(usually received
in
mid- to
late-
February)
before beginning to
assemble a proposal for public comment based on the
amendments,
in
order to assure
that we
have the complete list of federal actions for
the
proposal.
The Board
hereby grants the
motion for
expedited consideration to
the extent we
will immediately begin to assemble the proposal.
We intend
to
consider the proposal
for
publication of Notices of Proposed Amendments in
the Illinois Register at the meeting of the
Board presently
scheduled for February 16,
1995.
The IERG
motion raises
an additional issue
on which the Board requests comment.
U.S.
EPA issued a series of technical amendments to
the Phase II LDRs
on January
3,
1995
(60 Fed. Reg.
242).
These
include corrections and clarifications of the Phase II LDRs.
Although,
technically,
these amendments are part of the next RCRA
Subtitle
C update
docket,
for the period
January
1
through June 30,
1995, the Board requests clarification as to
whether IERG’s request for
expedited consideration
embraces
that action.
The
Board hereby
requests that IERG
respond
to
the foregoing inquiry within
two
weeks of the date of this order, by January
25,
1995,
to
facilitate Board action on February
16.
Any other person may also submit comments
on
this issue by January
25.
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the illinois Pollution Control Board,
hereby certify that
the above order was
adopted
on the
_________________
day o-~-~-t~-i__,
1995,
byavoteof
~‘O.
~
~.
Dorothy M. G4n,
Clerk
illinois Pollutiàfi Control Board