ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    IN THE MATTER OF:
    )
    PETITION OF KEYSTONE STEEL AND
    )
    AS 91-1
    WIRE COMPANY FOR HAZARDOUS
    )
    (Adjusted Standard)
    WASTE DELISTING
    ORDER OF THE BOARD (by J. Anderson):
    On January 22, 1991, Keystone Steel and Wire Company filed a
    petition for adjusted standard from
    35 Ill.
    Adm. Code 721.132.
    Keystone seeks
    to have its electric arc furnace dust
    (1061)
    waste, produced at
    its facility
    in Peoria County, delisted as a
    hazardous waste after treatment by a “Super Detox”
    destabilization process; untreated
    1061
    waste
    is specifically
    listed as a hazardous waste under
    the RCRA regulations.
    The
    petition was accompanied by a letter claiming trade secret
    protection for Attachment L to the petition pursuant
    to 35
    Ill.
    Adm. Code 120.201.
    On March
    1,
    1990,
    USEPA delegated authority to Illinois to
    administer several additional components of the RCRA program.
    (55 Fed. Reg.
    7320).
    This included Board authority to delist
    hazardous waste,
    in lieu of USEPA, pursuant to 35 Iii.
    Adm. Code
    720.122.
    This matter
    is procedurally complicated by the fact that, as
    of the time of the filing of the petition,
    the Board was
    in the
    process of adopting adjusted standard procedural rules
    specifically tailored to the handling of delisting petitions such
    as this.
    These regulations were adopted today.
    In the Matter
    of: RCRA Delisting,
    R90—17, February 28,
    1991.
    Due
    to the
    pendancy of this rulemaking,
    on January
    30,
    1991, the Agency
    moved
    that this proceeding be continued until after final
    adoption of R90—17, and specifically that the time for the
    Agency’s response
    to the petition,
    required pursuant
    to
    35
    Ill.
    Adm. Code 106.714, be extended until
    30 days after
    the adoption
    of R90—l7.
    On January
    31, Keystone stated that
    it had no
    objection to the Agency’s request.
    On February
    20,
    1991,
    Keystone moved
    for an extension of time
    in which
    to file proof of
    publication of newspaper notice of the filing of the petition,
    required until
    14 days after the adoption of R90—l7.
    Keystone
    asserts that
    it has delayed newspaper publication since,
    if the
    R90-17 were not to be adopted,
    such publication would be a
    useless act.
    The motion recites that the Agency has no objection
    to the motion.
    The manner
    in which the parties have suggested this action
    proceed is generally acceptable.
    However,
    the Board notes that
    119—il?
    —2—
    the R90—17
    RCRA
    Delisting rules are not effective until
    filed,
    and that the Board delays filing of identical in substance rules
    for
    a post—adoption comment period of
    30 days to allow agencies
    involved
    in the
    RCRA
    authorization process a final review
    period.
    The Board accordingly believes
    it more appropriate to
    calculate the time periods suggested by the parties from
    approximately April
    15,
    rather than today’s date.
    Keystone shall
    file the proof of publication required by 35
    Ill. Adm. Code
    106.711 on or before May 1,
    1991.
    The Agency shall file its
    response
    to the petition required by
    35 Ill.
    Adm. Code 106.714 on
    or before May 15,
    1991.
    The Clerk of the Board
    is directed to
    provide trade secret protection
    to Attachment L of the petition
    pursuant to
    35
    Ill. Adm. Code 120 unless and until otherwise
    directed by the Board.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby certify
    at the above Order was adopted on
    the~f~
    day of
    ....&~
    ,
    1991, by a vote of
    _____
    Dorothy M.
    unn, Clerk
    Illinois P
    lution Control Board
    119—118

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