ILLINOIS POLLUTION CONTROL BOARD
May 17, 2001
IN THE MATTER OF:
)
)
UIC UPDATE, USEPA AMENDMENTS
)
R01-21
(July 1, 2000, through December 31, 2000)
)
(Identical-in-Substance
_______________________________________ )
Rulemaking - Land)
)
RCRA SUBTITLE C UPDATE, USEPA
)
R01-23
AMENDMENTS (July 1, 2000, through
)
(Identical-in-Substance
December 31, 2000)
)
Rulemaking - Land)
)
(Consolidated)
Adopted Rule. Final Order.
OPINION OF THE BOARD (by S.T. Lawton, Jr.):
SUMMARY OF TODAY’S ACTION
Under Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415 ILCS
5/7.2 and 13(c) (1998)), the Board today adopts amendments to the Illinois regulations that are
“identical in substance” to underground injection control (UIC) regulations that the United
States Environmental Protection Agency (USEPA) adopted to implement Section 1421 of the
federal Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h (1998)). The nominal timeframe
of docket R01-21 includes federal UIC amendments that USEPA adopted in the period July 1,
2000, through December 31, 2000.
Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS
5/7.2 and 22.4(a) (1998)), the Board adopts amendments to the Illinois regulations that are
“identical in substance” to hazardous waste regulations that USEPA adopted to implement
Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C)
(42 U.S.C. §§ 6921
et seq
. (1998)). The nominal timeframe of docket R01-23 includes federal
RCRA Subtitle C amendments that USEPA adopted in the period July 1, 2000, through
December 31, 2000.
Sections 13(c) and 22.4(a) provide for quick adoption of regulations that are identical in
substance to federal regulations that USEPA adopts to implement Section 1421 of the federal
Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h (1998)). Similarly, Sections 7.2 and
22.4(a) provide for quick adoption of regulations that are identical in substance to federal
regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C.
§§ 6921-6925 (1998)). Sections 13(c) and 22.4(a) also provide that Title VII of the Act and
Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (1998)) do
not apply to the Board’s adoption of identical-in-substance regulations. The federal UIC
2
regulations are found at 40 C.F.R. 144 through 148. The federal RCRA Subtitle C regulations
are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.
As explained below, for reasons of adminstrative economy, the Board consolidated
dockets R01-21 and R01-23. The Board adopted a proposal for public comment in this matter
on February 15, 2001. Notices of Proposed Amendments appeared in the March 9, 2001 issue
of the
Illinois Register
, at 25 Ill. Reg. 3415 (Part 738), 3421 (Part 720), 3434 (Part 721), 3487
(Part 728), and 3619 (Part 703). We received public comments on the proposal for public
comment for a period of 45 days following the publication in the
Illinois Register
, until
April 23, 2001. The rules that the Board adopts here contain only a few changes made in
response to comments and suggestions of the Illinois Environmental Protection Agency
(Agency) and the
Joint Committee on Administrative Rules (JCAR)
.
The Board will delay filing the adopted amendments with the Office of the Secretary of
State for 30 days following the date of this opinion. The delay is pursuant to an agreement
between USEPA and the State of Illinois that allows USEPA additional time to review the
adopted amendments before they become effective.
CONSOLIDATION OF DOCKETS RO1-21 AND R01-23
By our opinion and order of February 15, 2001, the Board consolidated the R01-21
UIC update docket with the R01-23 RCRA Subtitle C update docket in the interests of
administrative economy. Both dockets cover the same time period. The only federal
amendments to the UIC regulations involved in docket R01-21 occurred on November 8, 2000,
as a segment of a larger federal rulemaking to amend the RCRA Subtitle C regulations. We
held that consolidation was warranted due to this close association with the RCRA Subtitle C
hazardous waste regulations, and consolidation will expedite the amendment of all the
regulations involved in both dockets.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
The following briefly summarizes the federal actions considered in this rulemaking.
Docket R01-21: July 1, 2000, through December 31, 2000, UIC Amendments
USEPA amended the federal UIC regulations on one occasion during the period July 1,
2000, through December 31, 2000. That action is summarized below:
65 Fed. Reg. 67068 (November 8, 2000)
USEPA adopted hazardous waste listings and land disposal restrictions (LDRs) for
chlorinated aliphatics production wastes. Included were amendments to the federal UIC
rules to implement the LDRs.
3
Docket R01-23: July 1, 2000, through December 31, 2000, RCRA Subtitle C
Amendments
USEPA amended the federal RCRA Subtitle C regulations on five occasions during the
period January 1, 2000, through June 30, 2000. Each is summarized below:
65 Fed. Reg. 42292 (July 10, 2000)
USEPA adopted technical corrections to its September 30, 1999 (64 Fed. Reg. 52828)
National Emission Standards for Hazardous Air Pollutants (NESHAPs) applicable to
hazardous waste combustors and its June 19, 1998 (63 Fed. Reg. 33783) hazardous
waste combustor rule. Included were corrections to the hazardous waste regulations
segments of the rule.
65 Fed. Reg. 47323 (August 2, 2000)
USEPA adopted amendments to various of its regulations in order to update the address
for its headquarters in the Washington, D.C. area. Included was an address in a
segment of the hazardous waste regulations.
65 Fed. Reg. 67068 (November 8, 2000)
USEPA adopted hazardous waste listings and land disposal restrictions (LDRs) for
chlorinated aliphatics production wastes.
65 Fed. Reg. 81373 (December 26, 2000)
USEPA amended a segment of its May 26, 1988 (63 Fed. Reg. 28602) Phase IV LDRs.
USEPA is deferring the requirement that polycholorinated biphenyls (PCBs) be
considered a constituent subject to treatment in soils that are hazardous waste because
they exhibit the characteristic of toxicity due to the presence of metals. USEPA still
requires treatment for all hazardous constituents other than PCBs.
Other Federal Actions Having an Ancillary Impact on the Illinois RCRA Subtitle
C Regulations
In addition to the amendments to the federal RCRA Subtitle C regulations, another set of
federal amendments might have an effect on the corresponding Illinois rules. Most notably, 35
Ill. Adm. Code 720.111 includes several incorporations of federal regulations by reference, and
USEPA has amended 40 C.F.R. 136, which is included among the incorporated references.
The set of federal amendments to 40 C.F.R. 136 is as follows:
65 Fed. Reg. 81242 (December 22, 2000)
USEPA established a new part containing effluent limitations and pretreatment standards
for sources in the centralized waste treatment category. Included were amendments to
the CWA analytical methods, which are incorporated by reference into the hazardous
waste regulations.
4
RCRA Subtitle C (Hazardous Waste) Amendment on Which No Board Action Is
Necessary
Among the listed federal RCRA Subtitle C amendments examined by the Board is one
on which no Board action is necessary in the present update docket R01-21/R01-23. That
action was the August 2, 2000 amendment of 40 C.F.R. 265.1080(f) to update the address of
the USEPA headquarters. No Board action is necessary because this federal provision is a site-
specific rule that applies only to a West Virginia facility. Thus, there is no counterpart for 40
C.F.R. 1080(f) in the Illinois regulations.
Summary Listing of the Federal Actions Forming the Basis of the Board’s
Actions in These Consolidated Dockets
Based on the foregoing, the federal actions that form the basis for Board action in this
update docket are as follows, in chronological order:
65 Fed. Reg. 42292 (July 10, 2000)
Technical corrections to the hazardous waste
combustors NESHAPs and the hazardous waste
combustor rule.
65 Fed. Reg. 67068 (November 8, 2000)
Hazardous waste listings and land disposal
restrictions (LDRs) for chlorinated aliphatics
production wastes.
65 Fed. Reg. 81242 (December 22, 2000)
Amendment of the 40 C.F.R. 136 analytical
methods, which are incorporated by reference
in 35 Ill. Adm. Code 720.111.
65 Fed. Reg. 81373 (December 26, 2000)
Amendment of the Phase IV LDRs.
PUBLIC COMMENTS
The Board received a single public comment during the comment period. That comment
is described as follows:
PC 1 The Agency: “Response of the Illinois Environmental Protection Agency
Pursuant to Public Comment Period for Proposed Identical-in-Substance Rules,”
dated April 20, 2001, from Susan J. Schroeder, Associate Counsel, Division of
Legal Counsel (received April 23, 2001).
The Agency, in PC 1, points out minor errors in the proposed amendments. The
Agency highlights misspellings of chemical names in Appendix H to Part 721 and Appendix C
to Part 728 and a wrong cross-reference to “Part 268” in Appendix C to Part 728. That
federal amendment and the Agency’s comments are considered in greater detail in the
discussion of the withdrawal of the chlorinated aliphatics waste rule at pages 7 and 8 below.
In addition to the public comments received, the Board received from JCAR
on
March 26, 2001, a document for Part 720 entitled “Line Numbered Version.” To accompany this
5
document, JCAR submitted a companion document entitled “PCB Rules 35 IAC 720.” By these
documents, JCAR suggests corrections to the text of the proposed amendments. The Board outlines
these JCAR suggestions in Table 3, which appears on page 17 of this opinion. We discuss the merits of
one of these suggestions in the discussion of particular housekeeping amendments that begins on page
10 of this opinion.
At this time, the Board is adopting the amendments, making the necessary changes made
evident through the public comments. The Board will delay filing these adopted rules with the
Secretary of State for 30 days after the date of this adoption, particularly to allow additional
time for USEPA to review the adopted amendments before they are filed and become effective.
DISCUSSION
The following discussion begins with a description of the types of deviations the Board
makes from the literal text of federal regulations in adopting identical-in-substance rules. It is
followed by a discussion of the amendments and actions undertaken in direct response to the
federal actions involved in this proceeding. This first series of discussions is organized by
federal subject matter, generally appearing in chronological order of the relevant
Federal
Register
notices involved. Finally, this discussion closes with a description of the amendments
and actions that are not directly derived from the federal actions.
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some deviation from the
federal text is unavoidable. This deviation arises primarily through differences between the
federal and state regulatory structure and systems. Some deviation also arises through errors in
and problems with the federal text itself. The Board conforms the federal text to the Illinois
rules and regulatory scheme and corrects errors that we see in the text as we engage in these
routine update rulemakings.
In addition to the amendments derived from federal amendments, the Board often finds it
necessary to alter the text of various passages of the existing rules as provisions are opened for
update in response to USEPA actions. This involves correcting deficiencies, clarifying
provisions, and making other changes that are necessary to establish a clear set of rules that
closely parallel the corresponding federal requirements within the codification scheme of the
Illinois Administrative Code.
The Board updates the citations to the
Code of Federal Regulations
to the most recent
version available. As of the date of this opinion, the most recent version of the
Code of Federal
Regulations
available to the Board is the July 1, 2000 version. Thus, we have updated all
citations to the 2000 version, adding references to later amendments using their appropriate
Federal Register
citation, where necessary. (The reference to 40 C.F.R. 268.41 will continue
to cite the 1990 edition of the C.F.R., so that 35 Ill. Adm. Code 728.40(i) will continue to
comport with corresponding 40 C.F.R. 268.40(i), which cites that older edition.)
6
The Board substituted “or” for “/” in most instances where this appeared in the federal
base text, using “and” where more appropriate. The Board further used this opportunity to
make a number of corrections to punctuation, grammar, spelling, and cross-reference format
throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the
person to which the regulation referred was not necessarily a natural person, or to “he or she,”
where a natural person was evident; changed “which” to “that” for restrictive relative clauses;
substituted “must” for “shall”; capitalized the section headings and corrected their format where
necessary; and corrected punctuation within sentences.
In addition, the federal rules have been edited to establish a uniform usage throughout
the Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is
used when an action is required by the rule, without regard to whether the action is required of
the subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday
language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a
break from our former practice where “shall” was used when the subject of a sentence has a
duty to do something. “Will” is used when the Board obliges itself to do something. “May” is
used when choice of a provision is optional. “Or” is used rather than “and/or,” and denotes
“one or both.” “Either . . . or” denotes “one but not both.” “And” denotes “both.”
The Joint Committee on Administrative Rules JCAR has requested that the Board refer
to the United States Environmental Protection Agency in the same manner throughout all of our
bodies of regulations—
i.e.
, air, water, drinking water, RCRA Subtitle D (municipal solid waste
landfill), RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The
Board has decided to refer to the United States Environmental Protection Agency as “USEPA.”
We will continue this conversion in future rulemakings as additional sections become open to
amendment. We will further convert “EPA” used in federal text to “USEPA,” where USEPA
is clearly intended.
The Board has assembled tables to aid in the location of these alterations and to briefly
outline their intended purpose. The tables set forth the miscellaneous deviations from the
federal text and corrections to the pre-amended base text of the rules in detail. The tables are
set forth and explained beginning at page 11 of this opinion. There is no further discussion of
most of the deviations and revisions elsewhere in this opinion.
Discussion of Particular Federal Actions
Amendments to the Hazardous Waste Combustor NESHAPs and Hazardous Waste Combustor
Rule—Sections 703.280 and 721.138
On July 10, 2000 (65 Fed. Reg. 42292), USEPA adopted technical corrections to two
of its prior actions. USEPA corrected its September 30, 1999 (64 Fed. Reg. 52828) National
Emission Standards for Hazardous Air Pollutants (NESHAPs) applicable to hazardous waste
combustors and its June 19, 1998 (63 Fed. Reg. 33783) hazardous waste combustor rule. The
Board originally adopted the hazardous waste combustor rule in RCRA Update, USEPA
Regulations (July 1, 1997, through December 31, 1997), RCRA Update, USEPA Regulations
7
(January 1, 1998, through June 30, 1998), UIC Update, USEPA Regulations (January 1, 1998,
through June 30, 1998) (December 17, 1998), R98-21/R99-2/R99-7 (consolidated). The Board
adopted the September 30, 1999 hazardous waste combustor NESHAPs in RCRA Subtitle C
Update, USEPA Amendments (July 1, 1999, through December 31, 1999) (May 18, 2000),
R00-13.
The July 10, 2000 federal corrections and amendments affect Clean Air Act (CAA)
regulations and hazardous waste rules. The aspects of those corrections and amendments that
directly affect the hazardous waste regulations are limited in scope. The Board incorporated
those hazardous waste aspects without deviation from the federal text. To incorporate the
July 10, 2000 amendments to the CAA regulations, the Board updated the version of 40 C.F.R.
63 incorporated by reference in 35 Ill. Adm. Code 720.111(b) to include the July 10, 2000
action. Persons interested in the details of the federal amendments should consult the July 10,
2000
Federal Register
notice.
The Board requested public comment on our incorporation of the July 10, 2000 federal
corrections to the hazardous waste combustor rule. We received no comments relating to this
aspect of this update docket.
Chlorinated Aliphatics Production Waste Rule—Parts 721, 728, and 738
On November 8, 2000 (65 Fed. Reg. 67068), USEPA listed two wastes from the
production of chlorinated aliphatic chemicals as hazardous. It further adopted associated LDRs
for these wastes and a prohibition against underground injection of these wastes. USEPA
simultaneously determined not to list four other wastes from this industry as hazardous. The
newly-listed hazardous wastes are designated as K174 (certain wastewater treatment sludges
from the production of ethylene dichloride or vinyl chloride monomer) and K175 (certain
wastewater treatment sludges from the production of vinyl chloride monomer using mercuric
chloride as a catalyst). Persons interested in the details of the federal amendments should
consult the November 8, 2000
Federal Register
notice.
The Board incorporated the November 8, 2000 chlorinated aliphatics production wastes
rule with minimal deviation from the federal text. We reworded segments of the K174 waste
listing in Section 721.132 for enhanced clarity. In the listings of hazardous constituents in
Appendix G to Part 721 and Table T to Part 728, the Board has changed to wording to
consistently use the chemical name for the contaminants with the abbreviation or acronym in
parentheses for K0174 waste. Many other, less significant deviations from the literal text of the
federal rule are listed and described in the table that begins at page 10 of this opinion.
The Board requested public comment on our incorporation of the November 8, 2000
chlorinated aliphatics production wastes rule. We received substantive comments from the
Agency in PC 1. The revisions resulting from these comments are outlined in detail in Table 3,
which appears on page 17 of this opinion. The Board specifically notes a certain error in the
text that arose from the text of the November 8, 2000 federal amendments on which the present
8
amendments are based. In Appendix H to Part 721, we have corrected the spellings of the
chemical name “octachlorodibenzofuran,” as detailed in Table 3.
Update to the Clean Water Act Analytical Methods Incorporated by Reference—Section
720.111
On December 22, 2000 (65 Fed. Reg. 81242), USEPA adopted wastewater effluent
limitation guidelines, pretreatment standards, and new source performance standards for the
centralized waste treatment point source category. One segment of this rulemaking was the
amendment of Clean Water Act analytical methods, Methods 625 and 1625, in 40 C.F.R. 136,
Appendix A. Method 625 is the analysis of base/neutral and acid organics in wastewater by
gas chromatography, and Method 1625 is the analysis of semivolatile organic compounds by
capillary column gas chromatography-mass spectrometry. The Board has incorporated the
methods of 40 C.F.R. 136 into the hazardous waste regulations by reference in Section
720.111(b).
The Board has incorporated the federal amendments into the Illinois hazardous waste
regulations by updating the incorporation of 40 C.F.R. 136 by reference. This required the
Board to update the version of 40 C.F.R. 136 incorporated by reference at 35 Ill. Adm. Code
720.111 by adding a reference to the December 22, 2000
Federal Register
notice of adopted
amendments at 65 Fed. Reg. 3008. Persons interested in the substance of the underlying
federal action should refer to the notice that appeared in the December 22, 2000 issue of the
Federal Register
.
The Board requested public comment on our incorporation of the December 22, 2001
federal revisions to Methods 625 and 1625 into the Illinois hazardous waste regulations. We
received no comments relating to this aspect of this update docket.
Deferral of the Phase IV LDRs for PCBs—Sections 728.132 and 728.149 and Appendix C and
Table U to Part 728
On December 26, 2000 (65 Fed. Reg. 81373), USEPA temporarily deferred a segment
of a prior action. USEPA deferred the designation of PCBs as a constituent subject to treatment
(CST) in soils contaminated with certain hazardous wastes. Specifically, the amendments
temporarily defer the requirement that PCBs be considered a CST in wastes that exhibit the
toxicity characteristic for metals (USEPA hazardous waste numbers D004 through D011).
USEPA initially adopted the Phase IV LDRs on May 26, 1998 (63 Fed. Reg. 28602). The
Board originally adopted the Phase IV LDR rule in RCRA Update, USEPA Regulations
(July 1, 1997, through December 31, 1997), RCRA Update, USEPA Regulations (January 1,
1998, through June 30, 1998), UIC Update, USEPA Regulations (January 1, 1998, through
June 30, 1998) (December 17, 1998), R98-21/R99-2/R99-7 (consolidated). Persons interested
in the details of the federal amendments should consult the June 8, 2000
Federal Register
notice.
9
The Board incorporated the December 26, 2000 deferral with minimal deviations from
the federal text. None of the deviations is substantial. The table that begins on page 12 of this
opinion lists and details all the deviations from the text of federal amendments.
The Board requested public comment on our incorporation of the December 26, 2000
deferral of the designation of PCBs as a CST in soils. We received substantive comments from
the Agency in PC 1. These comments are outlined in detail in Table 3, which appears on pages
16 and 17 of this opinion. The Board specifically notes certain errors in the text that arose
from the text of the November 8, 2000 federal amendments on which the present amendments
are based. In Appendix C to Part 728, we have corrected the spellings of various chemical
names and corrected the cross-reference to “Part 728” as detailed in Table 3.
The correction of one chemical name warrants specific mention in this segment of the
discussion. Appendix III to 40 C.F.R., from which Appendix C 35 Ill. Adm. Code 728
derives, lists “hexacholroprophene” as entry 20 under the “semivolatiles” segment of the list
and “hexachlorpropene” as entry 21. The Board believes that USEPA did not intend duplicate
entries for “hexachloropropene,” so we infer that USEPA intended “hexachlorophene” as entry
20. We note that hexachlorophene is listed in the table to 40 C.F.R. 261.138 and
corresponding Appendix Y to 35 Ill. Adm. Code 721, and it is a hazardous constituent listed in
40 C.F.R. 261, Appendix VIII and corresponding Appendix H to 35 Ill. Adm. Code 721.
Since USEPA did not specifically discuss the entries in Appendix III when it added this list to
Part 728, the preamble discussion in the December 26, 2000 issue of the
Federal Register
did
not resolve this issue.
If “hexachlorophene” is not what USEPA intended, and USEPA promptly notifies us of
that fact during the 30-day delay in filing these amendments, the Board can correct this entry
before filing new Appendix C to Part 728 with the Office of the Secretary of State, which will
finalize them. If USEPA notifies us of a contrary intent after we have filed Appendix C, the
Board can correct this entry in some future RCRA Subtitle C update proceeding.
Agency or Board Action
Section 7.2(a)(5) of the Act requires the Board to specify those portions of the program
over which USEPA will retain decision making authority. Based on the general division of
functions within the Act and other Illinois statutes, the Board is also to specify which State
agency is to make decisions.
In situations in which the Board has determined that USEPA will retain decision-making
authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid
specifying which office within USEPA is to make a decision.
In some identical-in-substance rules, certain decisions pertaining to a permit application
are not appropriate for the Agency to consider. In determining the general division of authority
between the Agency and the Board, the following factors should be considered:
10
1.
Whether the person making the decision is applying a Board regulation, or taking
action contrary to (“waiving”) a Board regulation. It generally takes some form
of Board action to “waive” a Board regulation.
2.
Whether there is a clear standard for action such that the Board can give
meaningful review to an Agency decision.
3.
Whether the action would result in exemption from the permit requirement itself.
If so, Board action is generally required.
4.
Whether the decision amounts to “determining, defining or implementing
environmental control standards” within the meaning of Section 5(b) of the Act.
If so, it must be made by the Board.
There are four common classes of Board decisions: variance, adjusted standard, site-
specific rulemaking, and enforcement. The first three are methods by which a regulation can
be temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or
site-specific rulemaking). There often are differences in the nomenclature for these decisions
between the USEPA and Board regulations.
Discussion of Particular Housekeeping Amendments
Two specific housekeeping amendments that the Board adopts in this present docket
warrant specific discussion. One is the updating of the version of the Department of Defense
(DOD) document, “DOD Ammunition and Explosives Safety Standards,” incorporated by
reference in Section 720.111(a). The other is the removal of the incorporation of section 3004
of RCRA by reference in Section 720.111(c).
As to the version of “DOD Ammunition and Explosives Safety Standards” incorporated
by reference, the Board will reference a more recent version of this document than was
referenced in the past. While the corresponding federal rules still reference the older version of
the document, close examination of the DOD document itself warrants use of the updated
reference. During the public comment period, JCAR pointed out to the Board that in July 1999
the DOD published a newer version of “DOD Ammunition and Explosives Safety Standards.”
We discovered in the course of examining the July 1999 DOD document that it expressly
supersedes the older, 1995 version. This means that DOD personnel will automatically refer to
the newer version, and requiring the use of the 1995 version would create inconsistency.
The Board is also removing an outmoded and unnecessary incorporation of section 3004
of RCRA by reference. Initially, we note that the
United States Code
citation for this provision
is incorrect; the appropriate citation should read “42 USC 6924” for section 3004 of RCRA.
In considering whether to correct this citation, the Board has examined all occurrences of
citations to section 3004 of RCRA throughout Subtitle G. We found citations to section 3004
of RCRA at the following Sections: 703.304(f), 724. 321(f)(1) Board note, 724.351(f)(1),
724.401(f)(1) Board note, 724.654(g), 724.980(b)(5), 725. 321(c)(1) Board note, 725.401(c)(1)
11
Board note, 725.980(b)(5), 726.302(d) and (d)(2), and 728.103(a). None of these citations
imposes or imports any of the requirements of section 3004 of RCRA into the Illinois
regulations; each citation is a mere reference to the federal requirements of section 3004 or to
requirements adopted by USEPA pursuant to section 3004.
Under these circumstances, where citations to federal requirements do not incorporate
those requirements into the Illinois regulations, the Board does not believe that the incorporation
of the federal requirement is necessary or desirable. For this reason, rather than correct the
citation to the
United States Code
, the Board proposes removal of the incorporation of section
3004 of RCRA by reference in Section 720.111(c).
The Board requested public comment on our proposed removal of the incorporation by
reference. We received no comments relating to this aspect of this update docket.
Tabulations of Deviations from the Federal text and
Corrections to and Clarifications of the Base Text
Table 1 below list numerous corrections and amendments that are not based on current
federal amendments. Table 1 (beginning immediately below) includes deviations made in this
final order from the verbatim text of the federal amendments. Table 2 (beginning after table 1
immediately below) contains corrections and clarifications that the Board made in the base text
involved in this proposal. The amendments listed in this table are housekeeping amendments
not directly derived from the current federal amendments. Table 3 (beginning on page 16
below) is a listing of revisions made to the text of the amendments from that proposed and set
forth in the Board’s opinion and order of February 15, 2001. Table 3 indicates the changes
made, as well as the source that suggested each of the changes. Some of the entries in these
tables are discussed further in appropriate segments of the general discussion beginning at page
5 of this opinion.
Table 1:
Deviations from the Text of the Federal Amendments
Illinois Section
40 C.F.R. Section
Revision(s)
721.132 “K174”
261.32
Changed the roman numeral designations for
sub-segments of the listing to Arabic numerals;
moved the extended prepositional phrase “upon
. . . ethylene dichloride” to the beginning of the
sentence, offset by a comma as a parenthetical;
changed to the singular “the respondent . . . it
meets”; moved the restrictive relative clause
“that . . . were met” to immediately follow the
word “documentation” to which it relates;
changed “owner/operator” to “owner or
operator”
12
721.Appendix G
“K174”
40 CFR 261,
Appendix VII
Changed all words except the first chemical
name and the abbreviated names to lower-case;
placed automatic hyphens in appropriate places
in the long chemical names; removed the
parentheses from chemical names and placed all
abbreviated names in parentheses (seven times)
721.Appendix H
40 CFR 261,
Appendix VIII
Added automatic hyphenation to the chemical
names “octachlorodibenzo-p-dioxin” and
“octachlorodibenzofuran”; corrected the
spelling of “octachlorodibenzofuran”
728.132 heading
268.32
Changed the heading to title case
728.132(a)
268.32(a)
Removed the past effective date statement
“effective December 26, 2000”; changed
“D004-D011” to “USEPA hazardous waste
numbers D004 through D011”
728.132(b)
268.32(b)
Added “any of the following conditions is
fulfilled”
728.132(b)(1)
268.32(b)(1)
Added “low-halogenated . . . standards:” as a
subsection heading
728.132(b)(1)(B)
268.32(b)(1)(ii)
Changed “EPA hazardous waste numbers
D004-D011” to “USEPA hazardous waste
numbers D004 through D011”
728.132(b)(2)
268.32(b)(2)
Added “low-halogenated . . . soil:” as a
subsection heading
728.133 heading
268.33
Changed the heading to title case
728.133(a)
268.33(a)
Removed the effective date statement “effective
May 8, 2001,” which will be past prior to the
effective date of this Section; changed “EPA
Hazardous Waste Numbers K174, and K175”
to “USEPA hazardous waste numbers K174
and K175”
728.133(b)
268.33(b)
Added “any of the following conditions is
fulfilled”
728.133(b)(5)
268.33(b)(5)
Changed “these wastes covered by the
extension” to “those wastes covered by the
extension”
728.133(c)
268.33(c)
Changed “requirements of part 268” to
“requirements of this Part 728”
728.133(d)
268.33(d)
Changed “K175 wastes” to “USEPA hazardous
waste numbers K175 wastes”; added a comma
before “unless” to offset a parenthetical
728.133(d)(1)
268.33(d)(1)
Changed “Subtitle C” to “RCRA Subtitle C”
728.133(d)(2)
268.33(d)(2)
Changed “Subtitle C” to “RCRA Subtitle C”
13
728.149(d)
268.49(d)
Corrected “PCBs are not constituent” to “PCBs
are not constituents”; changed “which” to
“that” for a restrictive relative clause
728.Appendix C
268, Appendix III
Changed “HOCs” to “halogenated organic
compounds (HOCs)” to define the abbreviation;
changed “EPA” to “USEPA”; Changed
“appendix III” to “this Appendix C”;
reformatted the entries of chemical names into
dual columns; corrected the spelling of
“trichloroethene”; corrected the spelling of “2-
chlorophenol”; corrected the spelling of
“hexachloropropene”; corrected the spelling of
“hexachlorophene”; placed automatic
hyphenation in the appropriate location in the
chemical name “tris(2,3-dibromopropyl)-
phosphate”
728.Table T “F039” 268.40 table
Added automatic hyphenation to the chemical
names “1,2,3,4,6,7,8-heptachlorodibenzo-p-
dioxin”, “1,2,3,4,6,7,8-heptachlorodibenzo-
furan”, “1,2,3,4,7,8,9-heptachlorodibenzo-
furan”, and “1,2,3,4,6,7,8,9-octachloro-
dibenzo-p-dioxin”
728.Table T “K174” 268.40 table
Changed to singular “wastewater treatment
sludge”; added automatic hyphenation to the
long chemical names; removed the parentheses
from chemical names and placed all abbreviated
names in parentheses (five times)
728.Table T note 12 268.40 table
Changed “K175 wastes that have” to singular
“USEPA hazardous waste number K175 waste
that has”; added “either . . . facilities”; changed
the subdivision designations from Arabic
numerals to lower-case letters; changed
“Subtitle C” to “RCRA Subtitle C”
728.Table U
268(a) table
Added automatic hyphenation to the chemical
names “heptachlorodibenzo-p-dioxin”,
“heptachlorodibenzofuran”, “octachloro-
dibenzo-p-dioxin”, and “octachloro-
dibenzofuran”
728.Table U note 8
268(a) table
Changed “D004-D014” to “USEPA hazardous
waste numbers D004 through D011”
738.118(j)
148.18(j)
Removed the effective date statement “effective
May 8, 2001,” which will be past prior to the
effective date of this Section; changed “EPA
Hazardous Waste Numbers” to “USEPA
hazardous waste numbers”
14
738.118(k)
148.18(k)
Added “under any of the following
circumstances”
Table 2:
Board Housekeeping Amendments
Section
Source
Revision(s)
703.232
JCAR
Changed “of in 40 CFR 63” to “in 40 CFR 63”
703.232(b)(1)
Board
Changed “shall” to “must” (twice)
703.232(b)(1)(B)
Board
Changed “shall” to “must”
703.232(b)(2)
Board
Changed “shall” to “must” (twice)
703.232(b)(3)(A)
Board
Changed “shall” to “must”
703.232(b)(3)(B)
Board
Changed “shall” to “must”
703.232(b)(3)(C)
Board
Changed “shall” to “must”
703.232(b)(4)
Board
Changed “shall” to “must” (twice)
703.232(c)
Board
Changed “shall” to “must”
703.232(c)(1)
Board
Added “the following”
703.232(c)(2)
Board
Added “the following”
703.232(c)(3)
Board
Added “the following”
703.232(d)(2)
Board
Changed “shall” to “must”; changed “finds that” to
“finds as follows”
703.232(d)(2)(A)
Board
Added “that”
703.232(d)(2)(B)
Board
Added “that”
703.232(d)(2)(C)
Board
Added “that”
703.232(d)(2)(D)
Board
Added “that”
703.232(d)(3)
Board
Changed “shall” to “must”
703.232(d)(3)(B)
Board
Added “the following”
703.232(d)(4)
Board
Changed “shall” to “must”
703.232(e)
Board
Changed “shall” to “must”
703.232(f)
Board
Changed “shall” to “must”
703.232(f)(2)
Board
Added “the following determinations” offset as with a
comma
703.232(g)
Board
Changed “shall” to “must” (four times)
703.232 Board note
Board
Updated the citation to the 2000 edition of the
Code of
Federal Regulations
703.280(a)
Board
Added two spaces between the two sentences
703.280(b)
Board
Added two spaces between the two sentences
703.280(c)
Board
Added two spaces between the two sentences
703.280(d)(1)
Board
Added two spaces between two sentences; changed
“shall” to “must”
703.280(d)(2)
Board
Changed “shall” to “must” (twice); changed “subsection
(d)(1), above,” to “subsection (d)(1) of this Section”;
added two spaces between two sentences
15
703.280(d)(2)(A)
Board
Added two spaces between two sentences (twice)
703.280(e)(1)
Board
Added two spaces between two sentences
703.280(e)(2)(A)
Board
Added “the following”
703.280(e)(2)(B)
Board
Added “the following”
703.280(e)(2)(C)
Board
Changed “shall” to “must”; added two spaces between
two sentences
703.280(e)(3)
Board
Changed “shall” to “must” (twice); added two spaces
between two sentences; added “as follows”
703.280(e)(3)(A)
Board
Changed “the” to “that the”
703.280(e)(3)(B)
Board
Changed “the” to “that the”
703.280(e)(4)
Board
Changed “shall” to “must”; added a comma before
“provided” to offset a parenthetical; removed an
unnecessary comma separating a two-element series;
added “either of the following is true”
703.280(f)(1)
Board
Changed “shall” to “must” (twice); added two spaces
between two sentences
703.280(g)(1)
Board
Added “each of the following is true”
703.280(g)(1)(E)
Board
Added two spaces between two sentences
703.280(h)
Board
Added two spaces between two sentences; added “each
of the following is true”
703.280(i)
Board
Added two spaces between two sentences; changed
“shall” to “must” (twice)
703.280(j)(2)
Board
Changed “shall” to “must”
703.232 Board note
Board
Updated the citation to the 2000 edition of the
Code of
Federal Regulations
, replacing the
Federal Register
citation with a later update
720 table of contents
JCAR
Changed the Subpart B heading to “Definitions and
References”
720.Subpart B heading JCAR
Changed the heading to “Definitions and References”
720.111(a) “USDOD” JCAR
Corrected the title of “DOD Ammunition and Explosives
Safety Standards” and updated the version of this
document incorporated by reference
720.111(a) “NTIS”
“APTI Course 415”
JCAR
Added the hyphen to “PB80-208895” for consistency
with the other listed documents
720.111(a) “USEPA” JCAR
Corrected the street name in the address to “Jefferson
Davis Highway”; corrected the ZIP code to “22202”
720.111(b)
Board
Updated the citation to the 2000 edition of the
Code of
Federal Regulations
(17 times)
720.111(c)
Board
Removed the incorporation of section 3004 of RCRA
721.138(c)(1)(A)(ii)
Board
Changed “shall” to “must”
721.138(c)(2)
Board
Changed “shall” to “must”
721.138(c)(6)
Board
Changed “shall” to “must”
721.138(c)(7)
Board
Changed “shall” to “must” (three times)
16
721.138(c)(7)(B)(vi)
Board
Changed “which” to “that” for a restrictive relative
clause
721.138(c)(7)(C)
Board
Changed “shall” to “must”
721.138(c)(8)(E)
Board
Changed “shall” to “must”
721.138(c)(8)(H)
Board
Changed “shall” to “must”
721.138(c)(8)(I)
Board
Changed “shall” to “must”
721.138(c)(11)
Board
Changed “shall” to “must”
728.149(a)
Board
Changed “shall” to “must”
728.149
Board
Added a Board note to indicate the source of this
provision
728.Table T Board
note
Board
Updated the citation to the 2000 edition of the
Code of
Federal Regulations
, replacing the
Federal Register
citation with a later update
728.Table U Board
note
Board
Updated the citation to the 2000 edition of the
Code of
Federal Regulations
, replacing the
Federal Register
citation with a later update
Table 3:
Revisions to the Text of the Proposed Amendments in Final Adoption
Section Revised
Source(s) of
Revision(s)
Revision(s)
720 table of contents JCAR
Changed the Subpart B heading to “Definitions and
References”
720.Subpart B
heading
JCAR
Changed the heading to “Definitions and References”
720.111(a)
“USDOD”
JCAR
Corrected the title of “DOD Ammunition and Explosives
Safety Standards” and updated the version of this
document incorporated by reference
720.111(a) “NTIS”
“APTI Course 415”
JCAR
Added the hyphen to “PB80-208895” for consistency
with the other listed documents
720.111(a)
“USEPA”
JCAR
Corrected the street name in the address to “Jefferson
Davis Highway”; corrected the ZIP code to “22202”
721.Appendix H
Agency
Corrected the spelling of “octachlorodibenzofuran”
728.Appendix C
Agency
Corrected “Part 268” to “Part 728”
728.Appendix C
Agency
Corrected the spelling of “trichloroethene”; corrected
the spelling of “2-chlorophenol”; corrected the spelling
of “hexachloropropene”; corrected the spelling of
“hexachlorophene”
17
HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION
EDITORIAL CONVENTIONS
It has previously been the practice of the Board to include an historical discussion in its
RCRA Subtitle C and UIC identical-in-substance rulemaking proposals. However, in the last
RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1,
1999, through December 31, 1999) (May 18, 2000), R00-13, the Board indicated that it would
cease this practice. Therefore, for a complete historical summary of the Board’s RCRA
Subtitle C and UIC rulemakings and programs, interested persons should refer back to the
May 18, 2000 opinion and order in R00-13.
The historical summary contains all Board actions taken to adopt and maintain these
programs since their inception and until May 18, 2000. It includes a listing of all site-specific
rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists
all USEPA program authorizations issued during that time frame. As necessary the Board will
continue to update the historical summary as a segment of the opinion in each RCRA Subtitle C
and UIC update docket, but those opinions will not repeat the information contained in the
opinion of May 18, 2000 in docket R00-13.
The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste
and UIC programs since May 18, 2000:
History of RCRA Subtitle C and State Hazardous Waste Rules Adoption
The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the
following docket since May 18, 2000:
R00-13
RCRA Subtitle C Update, USEPA Regulations (July 1, 1999, through
December 31, 1999) (May 18, 2000), R00-13; published at 24 Ill.
Reg.9443 (July 7, 2000), effective June 20, 2000.
R01-3
RCRA Subtitle C Update, USEPA Regulations (January 1, 2000,
through June 30, 2000) (December 7, 2000), R01-3; published at 25 Ill.
Reg. 1266 (January 26, 2001), effective January 11, 2001.
R01-23
RCRA Subtitle C Update, USEPA Regulations (July 1, 2000, through
December 31, 2000), R00-13. (This docket; consolidated with UIC
update docket R01-21.)
History of UIC Rules Adoption
The Board has adopted and amended Underground Injection Control (UIC) regulations
in the following dockets since May 18, 2000:
18
R00-11
UIC Update, USEPA Regulations (July 1, 1999, through December 31,
1999) (December 7, 2000), R00-11; published at 25 Ill. Reg. 18585
(December 22, 2001), effective December 7, 2001. (Consolidated with
docket R01-1.)
R01-1
UIC Update, USEPA Regulations (January 1, 2000, through June 30,
2000) (December 7, 2000), R01-1; published at 25 Ill. Reg. 18585
(December 22, 2001), effective December 7, 2001. (Consolidated with
docket R00-11.)
R01-21
UIC Update, USEPA Regulations (July 1, 2000, through December 31,
2000), R00-13. (This docket; consolidated with RCRA Subtitle C update
docket R01-23.)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify
that the above opinion was adopted on the 17th day of May 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
