ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1982
    In the matter of:
    )
    R81—31
    CHAPTER
    9 RCRA REVISIONS
    )
    PROPOSAL BY THE BOARD FOR INQUIRY HEARINGS
    ORDER
    OF
    THE
    BOARD
    (by D. Anderson):
    The
    Board
    has
    recently
    adopted
    rules
    corresponding
    to
    federal
    RCR2~rules
    of
    40
    CFR
    Parts
    260-265
    (R81-22,
    Orders
    of
    September 16 and
    December
    3,
    1981;
    5
    Ill.
    Reg.
    9781,
    October
    2,
    1981).
    It is now necessary to amend existing Board rules to
    agree with the RCRA rules.
    The Board hereby proposes to make
    a draft proposal available to the public and schedule inquiry
    hearings leading to amendment of Chapter
    9:
    Special
    Waste
    Transportation.
    This proposal is made in codified form.
    Also pending
    before the Board is a proposal to codify Chapter 9
    (R81-9).
    This will be consolidated with R8l-31 in the event the latter
    is adopted prior to the codification deadline.
    In the interim
    R81—9 will be reserved for codification without substantive
    changes should R8l-31 be delayed.
    The Board retained jurisdiction to make RCRA related
    changes at the time it adopted Chapter
    9
    (R76-10, March 15,
    1979,
    33 PCB 131).
    The Board may in the future consolidate
    R81-31 with R76-lO if it appears advisable.
    Also pending before the Board is
    a proposal by the Illi-”
    nois Environmental Protection Agency
    (Agency)
    to amend Chapter
    7
    (R80-20).
    The Board is awaiting an amended proposal.
    The Board
    assumes that the amended proposal will include codification and
    RCRA related changes.
    If not, the Board will propose them
    under R81-7 or a new docket.
    R81-31 will deal with Chapter
    9
    only.
    The following is
    a summary of the R8l-3l proposal:
    Definition of Hazardous:
    The definitions of hazardous will
    be made exactly the same in Chapter
    9 and the RCRA rules (~72l.103).
    The RCRA small quantity rule will be changed from 1000 kg to
    100 kg to coincide with the existing Chapter 9 exclusion.
    This
    will allow simplification of Part 700.
    The Board solicits
    comments on whether it would be better to retain the 1000 kg
    small quantity RCRA rule.
    Transporter Permits:
    The special waste hauler permits will
    be continued.
    This will satisfy the new hazardous waste trans-
    porter permit requirement of §21(g)
    of the Act.
    45—173
    —2—
    Manifest Requirements:
    The Chapter 9 manifest will be
    abolished.
    Non—hazardous special waste will not require a
    manifest at all.
    Hazardous waste transportation will require
    a manifest only under Parts 722—725.
    The hazardous waste
    manifest rules have already been modified to include Chapter
    9
    features
    (R81-22).
    These rules will be proposed for readoption
    with the changes already made.
    Reporting:
    The
    RCRA
    annual
    reports
    will
    be
    dropped.
    These
    have
    been
    rendered
    unnecessary
    by
    the
    modification
    in
    the
    federal manifest requirements to provide copies of manifests
    to the Agency.
    The Agency will track all hazardous waste and
    generate any needed reports.
    On the other hand, a quarterly
    reporting system will be adopted for non—hazardous special
    waste.
    This will operate in lieu of the manifest system.
    Relisting of PCB’s:
    Polychiorinated biphenyls were listed
    as hazardous wastes by Agency criteria.
    P.A. 82-380 repealed
    this authority.
    PCB’s are not however listed as federal hazar-
    dous wastes.
    They were therefore not relisted with adoption of
    Part 721.
    The Board now proposes to list PCB’s as acute hazar-
    dous wastes.
    Hazardous Hospital Waste:
    Subpart F of Part 700 will be
    moved to Subpart A of Part 736.
    Part IX of Chapter 9 will be
    codified as Subparts B and C of Part 736.
    Codification of Chapter
    9:
    Parts
    I through VIII of Chapter
    9 will be codified as Part 706.
    A draft of the proposal will be made available to the
    public,
    although it will not be set forth in this Order.
    Notice
    of this action and availability of the proposal will be published
    in the Environmental Register.
    The Board at this time proposes to adopt rules following
    hearings and ordinary rulemaking pursuant to §22.4(b)
    of the
    Act.
    However,
    as noted above,
    the Board may utilize the record
    in R76—lO.
    At least one hearing will be scheduled in this matter.
    The public is invited to submit written comments and alternative
    proposals in advance of the hearing date.
    Any person desiring
    to become
    a proponent of this or any alternative proposal should
    so
    indicate.
    Following
    the
    first
    hearing
    the
    Board
    will
    consider
    revision of the proposal and designation of a proponent.
    Additional
    hearings
    and publication in the Illinois Register will
    also be considered at that time.
    45—174
    —3—
    The text of
    the
    draft
    proposal
    reflects
    amendments to the
    RCRA rules proposed December 3,
    1981.
    The proposal will require
    revision in the event these are not adopted as proposed.
    IT
    IS
    SO
    ORDERED.
    I, Christan L.
    Noffett, Clerk of the Illinois Pollution
    Control
    Board,
    certify
    that
    the
    above
    Order
    was
    adopted
    on the
    ~
    day
    1982
    by
    a
    vote
    of
    4c~
    Illinois Pollution
    l
    Board
    45—175

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