ILLINOIS POLLUTION CONTROL BOARD

June 14,

1984

IN THE MATTER OF:

)

INSTA-FOAM PRODUCTS,

INC.

)

R84—23

PETITION FOR DELISTING

(35 Ill,

)

Adm. Code 721)

)

ORDER OF THE BOARD

(by J.

D. Dumelle):

This matter comes before the Board upon a May 23,

1984

petition for regulatory change filed on behalf of Insta—Foam

Products,

Inc.

Insta-Foam requests the delisting of a waste

material which contains small quantities of dichlorodifluoro~-

methane and trichlorofluoromethane from the list of hazardous

wastes at 35 Iii. Mm. Code 721 pursuant to

35

Iii. Mm. 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 act.

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 amended.

The

chemicals at issue here are listed under Section 721.133(e),

(f)

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

listing.

However, Insta—Foam has not discussed this possibility~

The Board has docketed this matter as R84-23 solely for the

purpose of filing.

It will

riot, however, authorize hearings at

this time,

Rather, the Board requests that Insta-Foam provide

the following supplemental information:

1,

Citation of the particular sections of 35 Ill.

Adm.

Code Subtitle C it desires be amended as well as the

specific language changes;

58-421

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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

________________,

1984 by a vote

Dorothy

M. Gunn, Clerk

Illinois Pollution Control Board

58-422