ILLINOIS POLLUTION CONTROL BOARD
    October
    7,
    1993
    IN THE MATTER OF:
    )
    R93—10
    RCRA SUBTITLE D AMENDMENTS
    )
    (Identical in Substance Rule)
    (AMENDMENTS TO 35
    ILL. ADM.
    CODE PART 810,
    PART 811,
    )
    AND
    PART 814)
    )
    ORDER OF THE BOARD
    (by J. Anderson):
    On September 30,
    1993,
    the USEPA,
    Region 5
    (Region 5),
    filed
    a request that the Board extend its post-adoption comment period
    deadline in this matter from the September 30,
    1993 deadline
    established in the Board’s September
    15,
    1993 final opinion for
    an additional 30 days, until October
    30,
    1993.
    Region
    5
    is requesting the additional time so as to allow
    USEPA sufficient time for review and comment before the Board
    finalizes the regulations.
    On October
    1,
    1993, the Illinois Environmental Protection
    Agency (Agency) requested a similar extension, until October 29,
    1993.
    The Board will extend the comment period only for USEPA and
    the Agency until October 30,
    1993.
    As discussed below, the extra
    time is related to USEPA’s approval process regarding Illinois’
    Subtitle D program.
    Region
    5 explains that it has received an application for
    Subtitle D adequacy from the Agency pursuant to Section
    4005(c) (1) (B)
    of the Resource Conservation and Recovery Act
    (RCRA).
    Based on the Agency’s application and the recently
    adopted P.
    A.
    88-496 signed and effective 9/13/93
    (HB 300),
    Region
    5 intends:
    •
    .
    .
    to make a tentative determination of full program
    approval.
    The overall effective date of Subtitle D is
    October
    9,
    1993.
    It is in the best interest to the citizens
    of Illinois that Region 5 make a timely decision in
    determining State program adequacy.
    Region
    5 is in the
    final stages of that determination and will shortly publish
    its decision
    in the Federal Register.
    In that Federal
    Register notice of tentative approval, Region 5 will also
    indicate it has received the IPCB rules and will begin its
    review for Subtitle D adequacy.
    (Region
    5 request, by
    Norman R.
    Niedergang, Associate Division Director for RCRA,
    Waste Management Division,
    at 1.)
    2
    It is Region 5’s intent to review and provide comment to the
    Board on the Board’s rule package by October 30; Region
    5
    expressly requests the Board to postpone its final vote until
    Region
    5 completes its review.
    Region 5 then states:
    In a worst case situation,
    Region 5 could possibly conclude
    that portions of the rule may not be consistent with
    Subtitle D.
    If the rules are not finalized, any possible
    amendments to the rule could still be discussed.
    Consequently,
    if the rules were finalized,
    then public
    confusion would arise should the adequacy of the final rules
    be questioned.
    (Region 5 request at 1.)
    The Board appreciates Region 5’s intent to proceed with its
    review of Subtitle D amendments.
    We note that we share Region
    5’s concerns about avoiding confusion; that concern was a reason
    why the Board made the effort to have its Subtitle D amendments
    ready for review by adopting them prior to the federal October
    9,
    1993 compliance deadline.
    We also appreciate the Agency’s
    assistance in this endeavor by its earlier ongoing review of, and
    comment on, the proposed amendments prior to their adoption.
    We also note that the USEPA administrator signed a final
    rule on September 27,
    1993 allowing nine Midwestern states that
    were affected by this summer’s flooding, including Illinois,
    to
    extend the October
    9,
    1993 Subtitle D compliance deadline for up
    to six months, with an additional six months if needed.
    (58 FR
    51536, October
    1,
    1993)
    During this extended post—adoption
    comment period, we request the Agency to comment on this matter,
    including any recommended language for the Board’s adopted rule.
    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
    7~
    day of
    _________________,
    1993,
    by a vote of
    _________
    ~
    Dorothy M.,~inn., Clerk
    Illinois E~’o~lutionControl Board

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