ILLINOIS POLLUTION CONTROL

BOARD

February

4,

1993

IN THE MATTER OF:

)

UIC UPDATE, USEPA REGULATIONS

)

 R92-13

(1/1/92

—

 6/30/92)

)

 (Identical

 in Substance

)

 Rules)

Adopted Rule.

 Final Order.

OPINION

AND

ORDER OF THE BOARD

 (by J. Anderson):

By a separate Order, pursuant to Section 7.2,

 13(c)

and

22.4(a)

 of the Environmental Protection Act (Act), the Board is

amending the UIC underground injection control regulations.

The

amendments involve 35

 Iii. Adm. Code 738.101 and 738.110.

The

Board will not file the adopted rules until 30 days after the

date of this order, to allow time for post-adoption comments,

particularly from the agencies involved in the authorization

process.

Section 13(c)

 of the Act governs adoption of regulations

establishing the UIC program in Illinois.

 Section 13(c) provides

for quick adoption of regulations which are~“identical in

substance” to federal regulations; Section 13(c) provides that

Title VII of the Act and Section 5 of the Administrative

Procedure Act shall not apply.

 Because this rulemaking is not

subject to Section 5 of the Administrative Procedure Act,

 it is

 not subject to first notice or to second notice review by the

 Joint Committee on Administrative Rules

 (JCAR).

 The federal UIC

regulations are found at 40 CFR 146 and 148.

 This rulemaking

updates Illinois’ UIC rules to correspond with federal amendments

during the period January

 1 through June 30,

 1992.

 The USEPA

actions during this period are as follows:

57

 Fed. Req.

 Date

 Summary

1109

 Jan.

10,

1992

 Approval of water-brine

interface mechanical

integrity test.

8088

 Mar.

6,

1992

 Third-third corrections.

PUBLIC CONNENT

The Board adopted a proposal for public comment on October

16,

 1992.

 The proposed rules appeared on November 6,

 1992,

 at 16

Ill. Reg.

 16770.

 The Board has received the following public

comment:

PC

1

 Department of Commerce and Community Affairs,

0139036I

2

Regulatory Flexibility Unit (DCCA), November 12,

1992

PC 2

 Administrative Code Division, December 8,

1992

PC

3

 Illinois Environmental Protection Agency (Agency),

December 10,

1992

PC

4

 United States Environmental Protection Agency

(USEPA), December 28,

1992

DCCA indicated that the proposed rules will not

significantly impact small business.

 The Code Division noted a

number of minor editorial problems, which have been corrected.

The Agency and USEPA noted an error in the text of Section

738.101(d), and alerted the Board to a recent federal court

decision which may impact certain portions of the Board’s UIC

rules.

 These issues are discussed below.

EXTENSION OF TIME ORDERS

Section 7.2(b)

 of the Act requires that identical in

substance rulemakings be completed within one year after the

first USEPA action in the batch period.

 If the Board is unable

to do so it must enter an “extension of time” Order.

The

earliest USEPA action in the Docket was January 10,

 1992.

However, this affected only Section 730.108.

As

 is discussed

below, this USEPA action does not result in any amendment to the

Board rule.

 The due date is therefore governed by the second

USEPA action, making the rule due by March 6,

 1993.

REGULATORY HISTORY

The complete history of the RCRA and UIC rules appears at

the end of this opinion.

 While a short form of reference to the

adopting opinions will be used in the body of this opinion,

complete citations are included in the history.

PART 730

UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS

SUBPART A:

GENERAL

Section 730.108

 Mechanical Integrity (Not Amended)

This Section is drawn from 40 CFR 146.8.

 It governs

“mechanical integrity” tests for injection wells.

 USEPA approved

the use of the “water-brine interface” mechanical integrity test

for Class III salt solution mining injection wells, at 57 Fed.

Reg.

 1109,

 January 10,

 1992.

 The “approval” did not include any

amendment to the rule.

 This raises a question as to what sort of

0139-0362

3

action the Board ought to take in response to the approval.’

USEPA granted interim approval for this test at 54

 Fed. Reg.

34169, August 18,

 1989.

 The Board addressed the approval

 in R89-

11, at p.

8.

 In that Docket,

 the Board had proposed to take no

action, but set forth the alternative of incorporating the test

approval by reference.

 The Board received no comment, and made

no change in that Docket in response to the USEPA action.

Section 730.108(d) provides for Agency approval of

alternative tests of mechanical integrity.

 If someone wants to

use the water—brine interface test in Illinois, the person

can

apply to the Agency for approval.

 USEPA’s approval of the test

would certainly bear on the Agency’s action.

PART 738

HAZARDOUS WASTE INJECTION RESTRICTIONS

SUBPART A: GENERAL

738.101

 Purpose Scope and Applicability

This Section is drawn from 40 CFR 148.1, which was amended

at 57 Fed. Reg. 8088, March

6,

 1992,

 in connection with the

current round of corrections to the “third third” land disposal

bans.

The base text for Section 738.101(d),

 as used in the

proposal, contained an error with respect to the USEPA version at

40 CFR 148.1(d).

 (PC 3,

4.)

 An extra “not” was added to the

text when it was adopted in R90-14.

 The base text should read as

follows:

d)

 Wastes that are hazardous only because they

exhibit a hazardous characteristic, and which are

otherwise prohibited from injection under this

Part,

 are not prohibited from injection if the

wastes:

Pursuant to the March

6,

 1992,

 USEPA amendment, the Board

proposed to amend subsection

(d)

 as follows (with the above

correction made):

d)

 Wastes that are hazardous only because they

exhibit a hazardous characteristic,

 and which are

otherwise prohibited from injection under this

‘Section 13(c)

 of the Act requires the Board to take action

based on “regulations” adopted by USEPA.

 (Order of August 13,

1992,

 in R92-l6, the Cabot Corporation petition for a site-

specific “no migration exemption”.)

0t390363

4

Part,

 are not prohibited from injection if the

wastes:

1)

Are

disposed into a nonhazardous waste

injection well defined under 35 Ill. Adm.

Code 730.106(a); and

2)

 Do not exhibit any prohibited characteristic

of hazardous waste identified in 35 Ill.

 Adxn.

Code 721.Subpart C at the point of injection.

In addition, the Agency and USEPA alerted the Board to a

recent federal court decision affecting 40 CFR 148.1, the source

of this Section.

 (Chemical Waste Management et al.

 v. USEPA.

976

Fed. 2d

2

 decided September 25.

 1992,

 in the U.S. Court of

Appeals for the District of Columbia.)

 According to USEPA, the

decision essentially repealed USEPA’s decision that some injected

waste would be exempt from RCRA’s dilution prohibition.

The

court said that a waste which is characteristically hazardous at

the point of generation,

 and is diluted (through wastestream

aggregation or otherwise), must still be treated to substantially

reduce the mass loading of toxics before it can be land-disposed.

Although USEPA has requested reconsideration,

 it appears that

USEPA will be rewording 40 CFR 148.1 to make it clear that

dilution of characteristically hazardous wastestreams followed by

injection will not be allowed under most circumstances.

 USEPA

indicated that, to the best of its knowledge,

 no Illinois

facilities were diluting, and suggested that the State delete

 Section 738.101(d),

 pending USEPA amendment.

 (PC 3 and 4.)

•The Board has had to deal in several Dockets with federal

litigation concerning the RCRA rules.

 (For example,

 see the

discussion at p.

11

—

 15 in the R91—1 Opinion, and Sections

724.673 and 725.543, discussed in the recent opinion in R92-10.)

The identical in substance mandate of Sections 7.2 and 13(c)

of

the Act requires the Board to respond to regulatory actions taken

by USEPA.

 The Board generally cannot modify its regulations in

anticipation of USEPA’s regulatory response to a federal court

action.

 Moreover, the Board cannot take action prior to

finalization of the federal court order, as is the case here.

However, the Board believes that federal court decisions

concerning USEPA regulations in these programs are equally

applicable to the derivative Board regulations, which generally

have no independent basis in State

 law.

 When faced with similar

situations in the RCRA program, the Board has added notes to the

Sections in question, alerting readers to the pendency of federal

litigation and possible USEPA amendments.

 (R91-1,

 Opinion,

p.

12.)

The Board has added the following note, after Section

738.101(d) (2):

0 I39-036~

5

BOARD NOTE:

 The exemption for injection of diluted

hazardous waste in this subsection

(d)

 is the subject

of pending litigation in Chemical Waste Management et

al.

 v. USEPA,

 976 Fed. 2d

2,

 decided September 25,

1992,

 in the U.S. Court of Appeals for the District of

Columbia.

 This litigation may result in the repeal or

modification of 40 CFR 148.1(d), from which this

subsection is derived.

 The Board views any federal

court decision on the effectiveness or enforceability

of the USEPA rule as binding on this subsection.

SUBPART B: PROHIBITIONS ON INJECTION

Section 738.110

 Waste Specific Prohibitions

 Solvent Wastes

This Section is drawn from 40 CFR 148.10, which was also

amended at 57 Fed. Reg.

 8088, March

6,

 1992,

 in connection with

the “third third” corrections. The amendment corrects entries to

40 CFR 148.10, Table A.

 That table does not appear in the Board

rule,

 for reasons which are rather involved.

The Board adopted this Section in R89-2,

 and amended it

pursuant to USEPA corrections in R89-11.

 USEPA then amended its

rule, adding the Tables, with the third third rules and

 (first)

corrections at 55 Fed. Reg. 22521, June

1,

 1990,

 and 56 Fed~.Reg.

3864, January 31,

 1991.

 The Board addressed these in R90-142.

(Opinion,

p.

 10).

 By this time, 40 CFR 148.10 had evolved into a

very complex rule with numerous delayed effective dates, which

had already passed by the time of Board action.

 The Board noted

that, with the effective dates removed, the rule collapsed into a

simple ban.

 Since these dates had already passed, the Board

adopted the simple version of the rule.

 The Tables were not

adopted, since they served only to differentiate among wastes

subject to different effective dates.

The March

6,

 1992, Federal Register is a correction to the

third third corrections.

 Since

 it affects only the Table, which

is not present in the Board rule, there is no need to amend the

Section.

 The Board will,

 however, update the Board Note,

 to show

that the rule is derived from the CFR, as amended:

BOARD NOTE: Derived from 40 CFR 148.10 (1991),

as

2There is some potential confusion here,

 since the January

31,

 1991, corrections came after the normal batch period for R90-

14.

 The Board addressed the corrections ahead of time,

 in order

to avoid adopting an incorrect rule.

 The corrections would

normally have been addressed in R91-16, which the Board dismissed

on December

6,

 1991.

 The Order stated that USEPA did not amend

its rules during the batch period, without noting that the

corrections had been addressed in a prior Docket.

6

amended at 57 Fed. Reg.

 8088, March

6,

 1992.

HISTORY OF

RCRA

and UIC ADOPTION

The Illinois

RCRA

and UIC (Underground Injection Control)

regulations, together with more stringent State regulations

partIcularly applicable to hazardous waste,

 include the

following:

702

RCRA

and UIC Permit Programs

703

RCRA

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

738

 Injection Restrictions

Special procedures for RCRA cases are included in Parts

 102,

103,

 104 and 106.

Adoption of these regulations has proceeded in several

stages.

 The Phase

 I RCRA regulations were adopted and amended as

follows:

R81—22

 45 PCB 317, February 4,

 1982,

 6 Ill. Reg.

 4828,

April

23,

 1982.

R82—18

 51 PCB 31, January 13,

 1983,

 7 Ill.

 Reg.

 2518,

March

4,

 1983.

Illinois received Phase I interim authorization on May 17,

1982

 (47 Fed. Reg. 21043).

The UIC regulations were adopted as follows:

R8l—32

 47 PCB 93, May 13,

 1982;

 October 15,

 1982,

 6 Ill.

Reg.

 12479.

The UIC regulations were amended in R82-18, which

is

referenced above.

 The UIC regulations were also amended in R83-

39:

R83—39

 55 PCB 319, December 15, 1983;

7

 Ill.

 Reg.

 17338,

0139-0366

7

December 20,

 1983.

Illinois received UIC authorization February 1,

 1984.

The

Board has updated the UIC regulations:

R85—23

 70 PCB 311, June 20,

 1986;

 10 Ill. Reg.

 13274,

August

8,

 1986.

R86—27

 Dismissed at 77 PCB 234, April 16,

1987

 (No USEPA

amendments through 12/31/86).

R87—29

 January 21,

 1988;

 12 Ill. Rég.

 6673, April

8,

1988;

 (1/1/87 through 6/30/87).

R88—2

 June 16,

 1988;

12

 Ill. Reg.

 13700, August

26,

 1988.

 (7/1/87 through 12/31/87).

R88—17

 December 15,

 1988;’ 13 Ill.

 Reg. 478, effective

December 30,

 1988.

 (1/1/88 through 6/30/88).

R89—2

 January 25,

 1990;

14

 Ill. Reg.

 3059,

 effective

February 20,

1990

 (7/1/88 through 12/31/88).

R89—11

 May 24,

 1990;

 14 Ill.

 Reg.

 11948, July 20,

 1990,

effective July 9,

 1990.

 (1/1/89 through

11/30/89)

R90—5

 Dismissed March 22,

 1990 (12/1/89 through

12/31/89)

R90—14

 Adopted Nay 23,

 1991;

 15 Ill.

 Reg.

 11425,

effective July 24,

1991

 (1/1/90 through 6/30/90)

R91—4

 Dismissed February 28,

1991

 (7/1 through 12/31/90)

R91—l6

 Dismissed December

6,

1991

 (1/1 through 6/30/91)

R92—4

 Dismissed April

9,

1992

 (7/1/91 through 12/31/91)

R92—13

 This Docket (1/1/92 through 6/30/92)

R93-6

 Next UIC Docket (7/1/92 through 12/31/92)

The Phase II RCRA regulations included adoption of Parts 703

and 724, which established the permit program and final TSD

standards.

 The Phase II regulations were adopted and amended as

follows:

R82—19

 53 PCB 131, July 26,

 1983,

7

 Ill.

 Reg.

 13999,

October 28,

 1983.

R83—24

 55 PCB 31, December 15,

 1983,

8

 Ill.

 Reg.

 200,

0139-0367

8

January

6,

 1984.

On September 6,

 1984, the Third District Appellate Court

upheld the Board’s actions in adopting R82—l9 and R83-24.

(Commonwealth Edison et al.

 IPCB, 127 Ill.

 App.

 3d 446; 468

NE

2d 1339

 (Third Dist.

 1984).)

The Board updated the

RCRA

regulations to correspond with

USEPA amendments in several dockets.

 The period of the USEPA

regulations covered by the update is indicated in parentheses:

R84—9

 64 PCB 427, June 13,

 1985;

 9 Ill. Reg.

 11964,

effective July 24,

 1985.

 (through 4/24/84)

R85—22

 67 PCB 175, 479, December 20,

 1985 and January 9,

1986; 10 Ill. Reg.

 968, effective January 2,

 1986.

(4/25/84

——

 6/30/85)

R86—1

 71 PCB 110, July 11,

 1986;

 10 Ill. Reg.

 13998,

August 22, 1986.

 (7/1/85

——

 1/31/86)

R86—l9

 73 PCB 467, October 23,

 1986;

10

 Ill. Reg.

 20630,

December 12,

 1986.

 (2/1/86

——

 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.

Correction at 77 PCB 235, April 16,

 1987;

 11 Ill.

Reg. 8684, May 1,

 1987.

 (4/1/86

——

 6/30/86)

R86—46

 July 16,

 1987; August

 14, 1987;

 11 Ill.

 Reg.

13435.

 (7/1/86

 ——9/30/86)

R87—5

 October 15,

 1987;

 11 Ill. Reg.

 19280, November

30,

 1987.

 (10/1/86

——

 12/31/86)

R87—26

 December

3,

 1987;

 12 Ill. Reg.

 2450, January 29,

1988.

 (1/1/87

——

 6/30/87)

R87—32

 Correction to R86—1; September 4, 1987;

 11 Ill.

Reg.

 16698, October 16,

 1987.

R87—39

 Adopted June 14,

 1988;

 12 Ill.

 Reg.

 12999,

August 12,

 1988.

 (7/1/87

——

 12/31/87)

R88—16

 November 17,

 1988;

13

 Ill. Reg.

 447, effective

December 28,

1988

 (1/1/88

——

 7/31/88)

R89-.

 September 13, October

 18 and November 16,

 1989;

13 Ill. Reg.

 18278, effective November 13,

1989

(8/1/88

——

 12/31/88)

R89—9

 March 8,

 1990;

14

 Ill. Reg.

 6225, effective April

0139-0368

9

16, 1990

 (1/1/89 through 6/30/89)

R90—2

 July

 3 and August 9,

 1990;

14

 Ill. Reg.

 14401,

effective August 22,

1990

 (7/1/89 through

12/31/89)

R90—10

 August 30 and September 13,

 1990;

14

 Ill. Reg.

16450,

 effective September 25,

1990

 (TCLP Test)

(1/1/90 through 3/31/90)

R90—11

 April 11, May 23,

 1991;

 15 Ill. Reg.

 9323,

effective June 17, 1991

 (Third Third)

 (4/1/90

through 6/30/90);

 Corrected August

8,

 1991;

Uncorrected August 22,

 1991.

R90—17

 Delisting Procedures

 (See below)

R9l—1

 August

8,

 1991; 15 Ill.

 Reg.

 14446, effective

September 30,

 1991 (Wood Preserving)

 (7/1/90

through 12/30/90)

R91—13

 April

9,

 1992; 16 Ill.

 Reg. 9489,

 effective June

9,

 1992; Boilers and Industrial Furnaces

 (BIFs)

(1/1/91 through 6/30/91)

R9l—26

 Wood Preserving Compliance Dates; January 9,

 1992;

16 Ill. Reg.

 2600,

 effective February 3,

 1992.

R92—1

 September 17,

 1992,

16

 Ill. Reg.

 17636,

 effective

November

6,

1992

 (7/1/91 through 12/31/91)

R92—10

 Adopted January 21,

 1993; Leak Detection Systems

(LDSs)

 (1/1/92 through 6/30/92)

R93—4

 Next RCRA Docket

 (7/1/92 through 12/31/92)

Illinois received final authorization for the RCRA program

effective January 31,

 1986.

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,

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 S.B.

1834.

The Board has adopted USEPA delistings at the request of

Amoco,

 Envirite and USX:

0139-0369

10

R85—2

 69 PCB 314, April 24,

 1986;

10

Ill.

 Reg.

 8112,

effective Nay

2,

 1986.

R87—30

 June 30,

 1988;

 12 Ill.

 Reg.

 12070, effective July

12,

 1988.

R91—12

 December 19,

 1991;

 16 Ill.

 Reg.

 2155, Effective

January 27,

1992

 (USX)

The Board has modified the delisting procedures to allow the

use of adjusted standards in lieu of site—specific rulemakings:

R90—17

 February 28,

 1991;

15

 Ill. Reg.

 7934, •effective

May

9,

1991

The Board has granted a delisting by way of adjusted

standard:

AS91—1

 Keystone, February 6,

1992

The Board has procedures to be followed in cases before

it

involving the RCRA regulations:

R84-l0

 62 PCB 87,

 349, December 20,

 1984 and January 10,

1985;

 9 Ill. Reg.

 1383,

 effective January 16,

1985.

The Board also adopted in Part 106 special procedures to be

followed in certain determinations.

 Part 106 was adopted in R85-

22 and amended in R86-46, listed above.

The Board has also adopted requirements limiting and

restricting the landfilling of liquid hazardous waste,

 hazardous

wastes containing halogenated compounds and hazardous wastes

generally:

R8l—25

 60 PCB 381, October 25,

 1984;

 8 Ill. Reg.

 24124,

December 4,

 1984;

R83—28

 February 26,

 1986;

10

 Ill. Reg.

 4875, effective

March

7,

 1986.

R86-9

 Emergency regulations adopted at

 73 PCB 427,

October 23,

 1986;

 10 Ill. Reg.

 19787, effective

November 5,

 1986.

The Board’s action in adopting emergency regulations in R86-

9 was reversed (CBE and IEPA v.

 IPCB et al., First District,

January 26,

 1987).

0139_0370

ORDER

The complete text of the amended rules is as follows and

will

appear

the

Illinois

The

Board

will

not

file

the adopted rules until 30 days after the date of this order, to

allow time for post—adoption comments, particularly from the

agencies involved in the authorization process.

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER

I: POLLUTION CONTROL BOARD

SUBCHAPTER d: UNDERGROUND INJECTION CONTROL

AND

UNDERGROUND

STORAGE

TANK

PROGRAMS.

PART

738

HAZARDOUS

WASTE

INJECTION

RESTRICTIONS

SUBPART

GENERAL

Section

738.101

738.

102

738.103

738.

104

738.105

Section

738.110

738.111

738.

112

738. 114

738.115

738.116

Section

738.120

738.

121

738.122

738

•

123

738.124

Purpose Scope and Applicability

Definitions

Dilution Prohibited as a Substitute for Treatment

Case-by-Case Extensions of an Effective Date

Waste Analysis

SUBPART B: PROHIBITIONS ON INJECTION

Waste

Specific

Prohibitions

Solvent

Wastes

Waste

Specific

Prohibitions

 Dioxin

Containing

Wastes

Waste

Specific

Prohibitions

California

List

Wastes

Waste Specific Prohibitions

 First Third Wastes

Waste Specific Prohibitions

 Second Third Wastes

Waste

Specific

Prohibitions

Third

Wastes

SUBPART C: PETITION STANDARDS AND PROCEDURES

Petitions to Allow Injection of a Prohibited Waste

Required Information to Support Petitions

Submission, Review and Approval or Denial of Petitions

Review of Adjusted Standards

Termination of Adjusted Standards

AUTHORITY:

 Implementing Section 13 and 22.4 and authorized by

Section 27 of the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

1991,

ch.

111

1/2,

pars.

1013,

1022.4

and

1027).

SOURCE: Adopted in R89-2 at

 14 Ill. Reg.

 3059, effective February

20,

1990;

amended

R89—11

Ill.

Reg.

11948,

effective

July

9,

 1990; amended

 in R90—14 at 15 Ill. Reg.

 11425, effective July

24, .1991;

 amended in R92—13

 at 17

 Ill. Reg.

 effective

0139-0371

SUBPART A: GENERAL

Section 738.101

 Purpose Scope and Applicability

a)

 This Part identifies hazardous wastes that are

restricted from disposal into Class

 I hazardous waste

injection wells and defines those circumstances under

which a waste, otherwise prohibited from injection, may

be injected.

b)

 The requirements of this Part apply to owners or

operators of Class I hazardous waste injection wells

used to inject hazardous waste.

c)

 Wastes otherwise prohibited from injection may continue

injected:

1)

 If an extension from the effective date of a

prohibition has been granted pursuant to Section

738.104; or

2)

 If an adjusted standard has been granted in

response to a petition filed under Section

738.120; or

3)

 If the waste is

generated

conditionally

exempt small quantity generator,

 as defined in 35

Ill. Adm. Code 721.105.

d)

 Wastes that are hazardous only because they exhibit a

hazardous characteristic,

 and which are otherwise

prohibited from injection under this Part,

 are not

prohibited from injection if the wastes:

Are

disposed

into

nonhazardous

waste

injection

well defined under 35 Ill. Adm. Code 730.106(a);

and

2)

 Do not exhibit any prohibited characteristic of

hazardous waste identified in 35 Ill. Adm. Code

721.Subpart C at the point of injection.

BOARD NOTE:

 The exemption for injection of

diluted hazardous waste in this subsection

(d)

 is the subject of pending litigation in

Chemical Waste Management et al.

 v. USEPA,

976 Fed.

2d

 2, decided September 25,

 1992,

in

the U.S. Court of Appeals for the District of

Columbia.

 This litigation may result in the

repeal or modification of 40 CFR 148.1(d),

 from which this subsection is derived.

The

Board views any federal court decision on the

0139-0372

effectiveness or enforceability of the USEPA

rule as binding on this subsection.

BOARD NOTE: Derived from 40 CFR 148.1

 (1991),

as amended at 57 Fed. Reg.

 8088, March

6,

1992.

(Source:

 Amended at 17

 Ill. Reg.

 effective

)

SUBPART B: PROHIBITIONS ON INJECTION

Section 738.110

 Waste Specific Prohibitions

—

 Solvent Wastes

a)

 The spent solvent wastes specified in 35 Ill.

 Adni. Code

721.131 by the following EPA Hazardous Waste numbers

are prohibited from underground injection:

FO01

F002

FO 03

F004

F005

b)

 The requirements of subsection

 (a) do not apply:

1)

 If the wastes meet or are treated to meet the

standards of 35 Ill.

 Adm. Code 728.Subpart D; or

2)

 If an adjusted standard has been granted in

response to a petition under Subpart

C;

or

3)

 During the period of extension of the applicable

effective date if an extension has been granted

under Section 738.Subpart D.

BOARD NOTE:

 Derived from 40 CFR 148.10

 (1991),

 as amended at 57 Fed. Reg.

 8088,

March 6,

 1992.

(Source:

 Amended at 17 Ill.

 Reg.

 effective

)

0139-0373

ORDERED.

Dorothy

Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby cer~~ythat the ~ove

 opinion and order was

adopted on the

~-~-

 day of

f~e~A-~~

1993,

vote

Dorothy M. 9d~n,Clerk

Illinois Pc~~ution

 Control Board

0L39037~