ILLINOIS POLLUTION CONTROL
    BOARD
    July 24, 1980
    IN THE MATTER OF:
    )
    SPECIAL WASTE
    )
    R76-lO
    HAULING REGULATIONS
    )
    FINAL ORDER, EMERGENCY RULE
    ORDER OF THE BOARD
    (by D.
    Satchell):
    On July
    9,
    1980 the Environmental Protection Agency
    (Agency)
    filed a petition for revision to existing regulations seeking
    modification of Rule 601 of Chapter
    9:
    Special Waste Hauling
    Regulations.
    In adopting Chapter
    9 the Board retained jurisdic-
    tion in order to allow expeditious revision should the need arise
    (33 PCB 131, March 15,
    1979).
    Rule 601 provides for issuance of permits and tank numbers by
    the Agency for a term not to exceed one year.
    Permits have been
    issued since June
    19,
    1979.
    Under Rule 601(B), renewal application
    must be made ninety days prior to expiration.
    The Agency requires
    that vehicle license numbers be identified in this application
    Rule
    202(D).
    License plates for many of these vehicles expire on
    July 1.
    New license numbers are often unknown
    to haulers until
    shortly before this date.
    The Agency must reject many applications
    and delay permit issuance during the summer months until new plate
    numbers are available.
    This imposes unnecessary costs on the
    Agency and waste haulers.
    The Board therefore proposes to modify Rule 601 through Pro-
    posed Rule 602.
    The Agency may advance to September 30, 1980 the
    expiration dates
    of outstanding permits due to expire between now
    and September
    30, 1980
    Rule
    602(A) (1).
    Outstanding permits due
    to expire next summer may be advanced to September 30,
    1981
    Rule
    602(A)(2).
    New permits issued between now and September 30,
    1980
    may expire not later
    than September 30,
    1981.
    Thereafter one year
    permits will be issued which will not expire at the same time as
    the license plates.
    The Agency proposed to modify Rule 601 itself.
    The Board
    de-
    clines
    to burden the general rule with language which will be of
    no effect in fifteen months.
    Hearings were previously held on the proposal in R76-l0.
    An
    economic impact study and additional hearings are unnecessary since
    this proposal does not substantially alter the intent or purpose of
    Chapter
    9
    (Section 27 of the Environmental Protection Act).
    Rule 601 is currently causing unnecessary expense to the
    Agency and the public.
    Unregulated dumping of hazardous wastes
    —2—
    could occur if the Agency is unable to promptly issue Chapter 9
    permits.
    The Board finds that an emergency exists.
    Rule 602 will
    be effective on filing with the Secretary of State without notice
    or comment as provided by Rule 5.01 of the Secretary of State’s
    Rules on Rules and Section 5(b) of the Illinois Administrative
    Procedure Act
    Ill.
    Rev.
    Stat.
    1979,
    ch.
    127, Section 1005(b).
    This Order supplements the Board’s Opinion and Order of March
    15, 1979 and constitutes the Board’s findings of fact and conclu-
    sions of law in this matter.
    ORDER
    The Board hereby adopts emergency Rule 602 of Chapter 9:
    Special Waste Hauling Regulations.
    602
    Temporary Rule on Duration of Permits and Numbers
    EMERGENCY
    A.
    The Agency may by letter postpone the expiration date
    of permits and tank or vehicle numbers issued prior to
    the effective date of
    this
    Rule,
    Such letter shall be
    addressed to the permittee and shall indicate a new
    expiration date.
    (1)
    Permits and numbers issued on or before September
    30, 1979 shall expire no later than September 30,
    1980.
    (2)
    Permits and numbers issued after September 30,
    1979 but prior to the effective date of this Rule
    shall expire no later than September 30,
    1981.
    B.
    Permits and tank or vehicle numbers issued on or after
    the effective date of
    this
    Rule but before September
    30,
    1980 shall expire no later than September 30,
    1981.
    C.
    This Rule shall apply to permits and tank or vehicle
    numbers issued or outstanding during the term of
    its
    effectiveness, the one year limitation on permits pro-
    vided by Rule 601(A)
    notwithstanding.
    D.
    This Rule shall expire October
    1,
    1980; provided, how-
    ever,
    that expiration dates fixed or altered pursuant
    to this Rule shall continue unaffected by such expiration.
    IT IS SO
    ORDERED.
    —3—
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, herçb~certify that the above Opinion and Order were adopted
    on the
    ~9~’1
    day of
    _________,
    1980 by a vote of
    _________
    p
    Christan
    L. Moffe
    Clerk
    Illinois Pollution
    ontrol Board

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