ILLINOIS POLLUTION CONTROL BOARD

April

16, 1987

IN THE MATTER OF:

)

RCRA UPDATE,

USEPA REGULATIONS

)

R86—28

(4—1—86 THROUGH 6—30—86)

)

ORDER OF THE BOARD

(by J.

Anderson):

On February

5, 1987

the Board entered

an Opinion and Order

amending the RCRA rules

to correspond with USEPA amendments

during

the period from April

1 through June

30, 1987.

As

indicated in that Opinion and Order,

the Board withheld filing

of

the rules

for approximately 30 days

to allow for final review by

the agencies

involved

in the authorization process.

On March

5,

1987,

the Board entered

an Order correcting

the text

of the rules

in response

to a request from USEPA.

The rules were filed and

effective on March 24,

1987,

and appeared

at

11 Ill. Reg.

6017,

April

3,

1987.

Since

the rules were filed,

the Board has learned of

a

typographical error

in a portion of Section 724.245(d)(l) which

was not the subject of the intended amendments.

The base text

did

not correspond with the existing language of Section

724.245.

Because

the Board has already filed

the rules,

it will

be necessary

to now amend

the text to restore the correct

version.

The Board therefore amends Section 724.245(d)(1)

as

follows:

d)

Post—closure letter

of credit.

1)

An owner

or operator may satisfy the requirements

of this Section by obtaining

an

irrevocable standby

letter of credit which conforms

to the requirements

of this paragraph and submitting

the letter

to the

Agency.

An owner or operator

of a new facility

shall submit

the ~em~

~pee4fi~ed~

5ub~ee~ert

~f~+3+letter of credit

to the Agency at least

60

days before the date on which hazardous waste

is

first received for disposal.

The letter of credit

must be effective before this initial recept of

hazardous waste.

The

issuing institution shall

be

an entity which has the authority to issue

letters

of credit and whose letter—of—credit operations

are

regulated and examined by a Federal or State

agency.

Because this action corrects a typographical

error, the

Board will

file the amendments with the Administrative Code Unit

without first publishing

the proposal

or

allowing for public

77-235

---

—2—

comment.

IT

IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board, ~ierebycertify~thafl the above Order was adopted on

the

J(o~dayof

____________,

1987,

by a vote

of

~

/1~~~)?)

1L~~

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board