ILLINOIS

POLLUTION

CONTROL BOARD

March 19,

1981

IN THE MATTER OF:

)

)

STANDARDS APPLICABLE TO OWNERS

)

AND OPERATORS OF HAZARDOUS WASTE

)

R81-14

TREATMENT, STORAGE, AND DISPOSAL

)

FACILITIES

ORDER OF THE BOARD

(by JD.

Dumelle):

On January

12,

1981, the United States Environmental

Protection Agency (USEPA) promulgated Interim Final Regulations

governing financial responsibility by owners and operators

of hazardous waste disposal sites.

This promulgation triggers

the mandate of Section 22.4 of the Environmental Protection

Act

(Act) requiring the Board to adopt state standards which

are “identical in substance” to the federal requirements.

Section 22.4 waives the rulemaking provisions of Title VII

of the Act and of Section 5 of the Illinois Administrative

Procedure Act, allowing these regulations to be adopted by the

“pass-through” method,

in the same manner as

New

Source Performance

Standards are

“passed—through” pursuant to Section 9.1 of the

Act.

Since Illinois will probably be authorized to take over

enforcement of of the Resource Conservation and Recovery Act

of 1976 (RCRA),

the Board will have to “pass—through” federal

regulations promulgated pursuant to 40 CFR Parts 260—265.

Since the rules will not be promulgated sequentially, each

of

the CFR parts will be assigned a separate part number of

Chapter

9:

Special Waste Hauling Regulations.

Those CFR

parts which are not being “passed—through” pursuant to this

Order will be reserved a part in Chapter

9

such that upon the

completion of “pass—through” process,

the state regulations

will exactly track the federal framework.

Thus,

federal promulgations under 40 CFR Part 260 will

become Part X of Chapter

9, promulgations under 40 CFR Part

261 will become Part XI of Chapter

9, and so on up to 40 CFR

Part 265 which will become Part XV of Chapter

9.

Rules listed under the various parts of Chapter

9 will

track federal subparts and will be numbered so as to correspond

to the alphabetical ordering of the subparts.

Thus,

Rule

.1001, which will be the first rule under Part X

(note that

the first two digits of the rule number reflect the part nunber)

will correspond to Subpart A of 40 CFR Part 260, Rule 1002

will correspond to Subpart B of 40 CFR Part 260,

and

so on.

41—149

---

By this Order the Board is “passing-through” Subparts

G and H of 40 CFR Parts 264 and 265, which correspond to Rules

1407 and 1408,

and 1507 and 1508,

respectively.

These rules

involve financial responsibility and closure and post—closure

requirements for hazardous waste site operations.

Citations

to the rules are given below:

1.

Rule 1407;

40 CFR Part 264, Subpart G;

46 Fed. Reg.

2849—2851;

2.

Rule 1408;

40 CFR Part 264, Subpart H;

46 Fed. Reg.

2851—2866;

3.

Rule 1507;

40 CFR Part 265, Subpart G;

46 Fed. Reg.

2875—2877!

and

4.

Rule 1508; 40 CFR Part 265, Subpart H;

46 Fed. Reg.

2877—2888.

Pursuant to Section 22.4 of the Act,

the Board hereby

adopts the above—noted rules in Parts XIV and XV of Chapter

9.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certiçy that the above Order was adopted

on the

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day of

____________,

1981 by a vote of

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*

Christan L. ~

Clerk

Illinois Polluttón Control Board

4

1—150