ILLINOIS POLLUTION CONTROL BOARD
March 7,
1996
IN THE MAUER OF:
)
)
R96-9
RCRA SUBTITLE
D UPDATE
)
(Identical-in-Substance)
(July
1
through December 31,
1995)
)
(Land
Rules)
Proposed
nile.
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 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).
The term “identical in
substance”
has been
defined in Section 7.2 of the Act.
Accordingly, the Board reserved this docket for USEPA
amendments during the period
from July
1
through December 31,
1995.
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.
The following
two actions occurred during the update period:
1.
Amendments
to 40 CFR 258,
on August 7,
1995
(60 Fed.
Reg.
39586) corrected cross-
references
in the text of the federal financial assurance regulations.
Specifically,
provisions in the rules pertaining to trust funds,
letters of credit, and insurance that
referred to an assumption of responsibility by the state were changed
by TJSEPA
to
refer
to the intended provision pertaining to
multiple mechanisms.
The Board did not
incorporate the erroneous references in the first instance.
2.
Amendments
to 40
CFR 258,
on
October 6,
1995
(60
Fed. Reg.
52337) extended the
compliance deadline until October 9,
1997 for two types of small MSWLF
landfills
(landfills receiving less than 20 tons of waste per day)
meeting certain
conditions.
The
landfills,
some in remote areas (areas cut off from transportation for at least three
months each year) and others in dry areas
(areas receiving less than 25 inches ofannual
precipitation), are types not located in Illinois.
The Board never incorporated the
original October 1,
1993
(58 Fed. Reg.
51546) deadline extension for remote and dry-
area landfills.
Thus,
the Illinois regulations include no
counterparts to the revised federal regulations.
For the foregoing reason,
no change is necessary
at this time, and the Board hereby
~smisses
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
~
day of
-~-~J,
1996,
by
a vote of
7-~
t~
Dorothy M. G#n,
Clerk
Illinois
Pollutj45’n
Control Board