ILLINOIS POLLUTION CONTROL BOARD
    June 14,
    1984
    IN THE MATTER OF:
    )
    INSTA—FOAM PRODUCTS, INC.
    )
    R84—23
    PETITION FOR DELISTING
    (35 Iii,
    )
    Adm. Code 721)
    ORDER OF THE BOARD
    (by J0
    D.
    Durnelle):
    This matter comes before the Board upon a May 23,
    1984
    petition for regulatory change filed on behalf of Insta-Foam
    Products,
    Inc0
    Insta-Foam requests the delisting of a waste
    material which contains small quantities of dichlorodifluoro~~
    methane and trichiorofluoromethane from the list of hazardous
    wastes at 35 Ill, Mm. Code 721 pursuant to 35 Ill. Adm. Code
    720.122.
    The request,
    apparently,
    falls under Section 720,122(b)
    relating to delistings which have not been adopted by the United
    States Environmental Protection Agency.
    The Board notes that Section 720.122(b) cautions that the
    Board may not have the authority to adopt such delistings
    (note
    especially Sections 20 and 22,4 of the Environmental Protection
    Act).
    If the Board does not have such power,
    the authorization
    of hearings would be a useless act0
    The Board further notes that
    Insta—Foam has failed to indicate the specific language of its
    proposal, or even which section(s)
    it desires be amended0
    The
    chemicals at issue here are listed under Section 721,133te),
    U)
    and Appendix
    H.
    The Board finally notes that there may be components
    of
    the
    “waste material~other than those specified which could result in
    the material being deemed hazardous either by characteristic or
    listing0
    However, Insta~Foamhas not discussed this possibility~
    The Board has docketed this matter as R84—23 solely for the
    purpose of filing~ It will not,
    however, authorize hearings at
    this time0
    Rather, the Board requests that Insta—Foam provide
    the following supplemental information:
    1,.
    Citation of the particular sections of
    35 Ill. Adm,
    Code Subtitle G it desires be amended as well as the
    specific language changes;
    58-421
    2~
    A brief discussion of the legal authority of the Board
    to delist a waste from Subtitle G in the absence of
    federal delisting under the Resource Conservation and
    Recovery Act including
    a discussion of the relevant
    State and federal statutes and regulations; and
    3~
    A discussion of any other component or characteristic
    of the material which might,
    under State or federal
    law, result
    in its being identified as
    a hazardous
    waste,
    IT IS SO ORDERED,
    I, Dorothy
    M. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify that the above Order was adopted on the
    of
    day of
    4~t..
    ,
    1984 by a vote
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board
    58-422

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