ILLINOIS POLLUTION CONTROL BOARD

May 5,

1994

IN THE

MATTER

OF:

)

RCRA SUBTITLE D EXTENSION

)

 R94-13

35 ILL.

ADM.

CODE 814

)

 (Rulemaking)

Adopted Emer~encvRule.

 Final Order.

OPINION

AND

ORDER OF THE BOARD

 (by G.

 T. Girard):

On April 30,

 1994,

 the Governor signed Senate Bill 405 into

law.

 Public Act 88-540 which amends Section 22.40(c) of the

Environmental Protection Act was immediately effective.

The

amendment adopted in P.A. 88-540 extends the deadline for

acceptance of solid waste at municipal solid waste landfills

meeting the conditions of 40 CFR 258.1(e) (2) and

 (e)(3)

 from

April

9,

 1994 to October

 9, 1994.

 This extension will allow

those landfills to remain open to accept waste from the flood of

1993.

The Board’s regulations at 35 Ill.

 Adiu. Code 814.107 include

the April

 9, 1994 deadline.

 Therefore,

 in order to insure that

the regulations and the statute agree the Board today opens this

rulemaking docket.

 Further, for the reasons stated below,

the

Board finds, pursuant to Section 27(c)

 of the Act and Section 5-

45 of the Illinois, Administrative Procedure Act

 (5 ILCS 100/5—45)

that a “situation exists which reasonably constitutes a threat to

the public interest, safety or welfare”.

The Board today adopts an emergency rule to reflect the

statutory change in PA. 88—540.

 The ability of these landfills

to accept the waste will allow the cost effective disposal of the

great volume of waste created by the 1993 flood emergency.

Further, the rule change will insure that the statute and the

regulations are not in disagreement.

 Therefore, the Board will

proceed with this emergency rule which will be effective upon

filing for 150 days.

ORDER

The Board directs the Clerk to cause the filing of this

emergency rule with the Secretary of State Administrate Code Unit

for publication in the Illinois Register:

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 814

STANDARDS FOR EXISTING LANDFILLS

AND

UNITS

2

Section

814.101

814.102

814.103

814.104

814.105

SUBPART

GENERAL

REQUIREMENTS

Scope and Applicability

Compliance Date

Notification to Agency

 Applications for Significant Modification of Permits

Effect of Timely Filing of Notification and Application

for Significant Modification

814.106

 Agency Action on Applications for Significant

Modifications to Existing Permits

Compliance Dates for Existing

MSWLr’

IJt’iit.s

Interim

Permit

Requirements

for

Exi.~ting

MSWLF

Units

Permit

Requirements

for

Lateral

 Expansions 3t

Existing

MSWLF

Units

SUBPART

STANDARDS

FOR

UNITS

ACCEPTING

INERT

WASTE

Scope and Applicability

Applicable Standards

SUBPART

STANDARDS

FOR

EXISTING

UNITS

ACCEPTING

CHEMICAL

PUTRESCIBLE WASTES THAT MAY

REMAIN

OPEN

FOR

 THAN SEVEN YEARS

Section

814.301

Scope

and

Applicability

814.302

 Applicable Standards

SUBPART

STANDARDS

FOR

EXISTING

UNITS

ACCEPTING

CHEMICAL

PUTRESCIBLE

WASTES

THAT

MUST

INITIATE

CLOSURE

WITHIN

 SEVEN YEARS

Scope and Applicability

Applicable Standards

SUBPART

E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY,

 OR ACCEPTING CHEMICAL

AND

PUTRESCIBLE WASTES THAT

MUST

INITIATE CLOSURE WITHIN

TWO YEARS

Scope and Applicability

Standards for Operation and Closure

Section 814.Appendix A

 Additional Requirements for Existing

MSWLF Units and Lateral Expansions

Operating Under Permits Issued Pursuant

to 35 Ill.

 Adin. Code 807.

AUTHORITY:

 Implementing Sections 5, 21, 21.1,

 22, 22.17 and

28.1, and authorized by Section 27 of the Environmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1991,

ch.

 111 1/2, pars.

 1005,

1021,

 1021.1,

 1022,

 1022.17,

 1028.1 and 1027

415

 ILCS 5/5,

 5/21,

5/21.1,

5/22,

5/22.17,

 5/28.1 and 5/27)).

SOURCE:

 Adopted in R88—7 at 14

 Ill.

 Reg.

 15850, effective

September 18,

 1990; amended in R93-10 at 18 Ill. Reg.

 1284,

814.107

814 .108

814.109

Section

814.201

814.202

Section

814.

401

814.402

Section

814.501

814.502

3

effective January 13,

 1994; emergency amendment in R94-13 at 18

Ill. Reg.

_________,

 effective

_____________________

NOTE:

 Capitalization indicates statutory language.

Section 814.107

 Compliance Dates for Existing

MSWLF

Units and

Lateral Expansions

a)

 Except as specified in subsections

 (b) or

 (c), all

existing MSWLF units and lateral expansions shall

comply with the applicable requirements of this Part in

accordance with Section 814.101(b) on or before October

9,

 1993.

b)

 An existing MSWLF unit or a lateral expansion that

meets the conditions of subsections

 (b) (1),

 (b) (2), and

(b) (3)

 and receive waste after October 9,

 1993, but

stop receiving waste before April 9October10,

 1994,

is

exempted from the additional requirements prescribed

for existing MSWLF units and lateral expansions in this

Part.

 The exemption conditions are as follows:

1)

 The unit accepted 100 tons per day or less of

solid waste for disposal between October

9,

 1991,

and october 9,

 1992.

2)

 The unit shall not accept more than 100 tons per

day for disposal between October

9,

 1993,

and

April 9,

 1994.

3)

 The unit is not on the National Priority list

(NPL) as found in 40 CFR 300 Appendix B.

 An existing

NSWLF

unit or a lateral expansion of an

existing unit is exempted from the additional

requirements prescribed for

NSWLF

units in this Part

until April 8October 9,

 1994,

 if the Agency determines

that such a unit or lateral expansion is needed to

receive flood—related waste.

BOARD NOTE:

 The compliance dates specified in subsections

(a) and

 (b) reflect the revisions adopted by the USEPA in

the Federal Register Notification published on October

1,

1993

 (see 58 FR 51536).

(Source:

 Emergency amendment in R94—13 at 18 Ill. Reg.

_________

effective

______________________.)

4

IT IS SO ORDERED

I, borothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify th~t)ieabove opinion and order was

adopted on the

__________________

 day of

____________________

1994,

 by a vote of

~

—

O

~

Dorothy M./punn, Clerk

Illinois I~’11utionControl Board