Updated Analytical Methods--Section 720.111
733.114 273.14
733.114(a) 273.14(a)
733.153 273.53 Use “shall”

ILLINOIS POLLUTION CONTROL

BOARD

February

1,

1996

IN THE MATTER OF:

RCRPi UPDATE, TJSEPA REGULATIONS

)

 R95-20

(1—1—95 THROUGH 6—30-95,

)

 (Identical

 in Substance Rules)

7—7—95,

 9—29—95

 & 11—13—95)

Proposal for Public Comment.

PROPOSED OPINION OF THE BOARD

 (by E.

 Dunham):

Pursuant to Section 13(c) and 22.4(a)

 of the Environmental

Protection Act

 (Act)

415

 ILCS 5/13(c)

 22.4(a)

 (1994),

the

Board proposes amendments to the RCRA Subtitle C hazardous waste

(RCRA)

 regulations.

Section 22.4(a) provides for quick adoption of regulations

that are “identical in substance” to federal regulations adopted

by USEPA to implement Sections 3001 through 3005 of the Resource

Conservation and Recovery Act of

1976

 (RCRA,

 42 U.S.C. §~6921-

69Th)

 and that Title VII of the Act and Section

 5 of the

Administrative Procedure Act

 (APA)

5

 ILCS 100/5—35 & 5-40

(1994)

 shall not apply.

 Section 13(c)

 similarly provides with

respect to underground injection control regulations adopted by

USEPA pursuant to Section 1421 of the Safe Drinking Water Act

(SDWA;

 42 U.S.C. § 300h).

 Because this rulemaking is not subject

 to Section 5 of the APA,

 it is not subject to first notice or to

second notice review by the Joint Committee on Administrative

Rules

 (JCAR).

 The federal RCRA Subtitle C regulations are found

at 40 CFR 260 through 268,

 270 through 271,

 and, more recently,

279.

This opinion supports an order adopted on the same day.

The

Board will cause the proposed amendments to be published in the

Illinois Register and will hold the docket open for 45 days after

the date of publication to receive public comments.

FEDERAL

ACTIONS CONSIDERED IN THIS RULEMAKINC

This rulemaking updates the Illinois RCRA Subtitle C rules

to correspond with federal amendments made in the period from

January

 1 through June 30,

 1995.

 The USEPA actions during this

period are as follows:

Federal Action

 Summary

Jan.

3,

 1995,

 Technical Corrections to Phase II LDRs

60 Fed. Reg.

242

Jan.

13,

 1995,

60 Fed.

 Reg. 3089

Feb.

3,

 1995,

60 Fed. Reg.

6666

Feb.

7,

 1995,

60 Fed. Reg.

7366

Feb.

9,

 1995,

60 Fed. Reg.

7824

Apr.

4,

 1995,

60 Fed. Reg.

17001

Apr.

4,

 1995,

60 Fed. Reg.

17160

Apr.

17,

 1995,

60 Fed.

 Reg. 19165

May 11,

 1995,

60 Fed. Reg. 25492

May 12,

 1995,

60 Fed.

 Reg. 25619

May 19,

 1995,

60 Fed. Reg. 26828

June

13,

 1995,

60 Fed. Reg.

31114

June 29,

1995,

60 Fed. Reg.

33912

Update to testing and monitoring methods

Response to City of Chicago

v.

Environmental Defense Fund decision

Determination that additional regulation

is necessary for cement kiln dust

New hazardous waste listings for six

carbamate production wastes; addition of

58 commercial chemical product wastes;

exemption of certain biological

treatment sludges

Update to testing and monitoring methods

Update to CWA analytical methods

Corrections

 to carbarnate waste listings

Universal Waste Rule

Correction to carbamate waste listings

Postponement of effective date for tank,

container, and surrace impoundment air

emissions rules

Delisting

of

hazardous waste generated

in Illinois by a Pennsylvania company

Deletion of obsolete,

 redundant,

and

outdated RCRA rules

Deviatipns from Routine Docket Time-Frame for Federal Amendments

In addition to these principal amendments that occurred

 during the normal docket update period,

 the Board has included

three additional,

 later actions that are corrections or

3

relaxations of prior amendments in the preceding RCRA Subtitle C

update docket, R95-4/R95—6:

July 7,

 1995,

 Correction to the Subpart CC organic

60 Fed.

 Reg.

35452

 material emissions standards for tanks,

containers and surface impoundments

September 29,

 1995,

 Stay of Subpart CC rules

 as they apply

60 Fed. Reg. 50426

 to tanks,

 containers, and surface

impoundments that contain wastes

generated in the manufacture of organic

peroxides

November 13,

 1995,

 Stay of Subpart CC rules in their

60 Fed. Reg.

56952

 entirety until June

6,

1996

Further,

 the Board used this opportunity to include a number

of corrective amendments to the existing regulations.

 These

corrections are more fully described below.

 They are derived

from comments by the Joint Committee on Administrative Rules

(JCAR) and the Illinois EPA (Agency).

Finally, the Board omitted from consideration two set of

rederal amendments that occurred during the time-frame of this

docket.

 First, on January 3,

 1995, USEPA corrected errors and

clarified language in the universal treatment standards adopted

 on September 19,

 1994 as the Phase II LDRs.

 The Board did not

include those amendments in this docket because we dealt with

them in docket R95-4/R95—6, when adopting the Phase II rules.

Second,

on

May

19,

 1995, USEPA stayed of the 40 CFR 264, subpart

CC and 265,

 subpart CC

 (Subpart CC) regulations governing organic

material emissions from tanks, containers, and surface

impoundments.

 USEPA delayed the effective date by six months,

until December 6,

 1995.

 This delay was similarly included with

the R95—4/R95-6 amendments,

 so there was no need for Board to

take action at this time.

 Further, the subsequent federal stay

granted on November 13,

 1995 made that initial stay of May 19

obsolete.

Brief Summaries of the Federal Actions Considered in this Docket

By way of brief elaboration, the Board will summarily

describe the federal actions that occurred in the time-frame of

this docket and our action on each matter.

The federal amendments of January 13, 1995 added Update II

to the third edition of “Test Methods for Evaluating Solid Waste,

4

Physical/Chemical Methods”,

 SW-846, by updating the

incorporations by reference.

 The Board included corresponding

amendments

 in this docket.

On February 3,

 1995, USEPA responded to public inquiries in

 the wake of the Supreme Court’s decision in City of Chicago

v.

Environmental Defense Fund,

 Inc.,

114

S.

Ct.

1588

 (1994),

 USEPA

resolved an issue by interpreting that municipal solid waste

incinerator ash becomes a hazardous waste when it leaves the

combustion building after the combustion and air pollution

control processes.

 This avoids designating the combustion

building as a hazardous waste management facility.

 Although

there were no regulatory amendments accompanying the

interpretation,

 the Board has already noted the City of Chicago

decision in

 a Board Note in our rules, so we amend the Note to

include the recent federal interpretation.

On February 7,

 1995, USEPA announced that it had studied

cement kiln dust and determined that some further regulation of

this material (which is RCRA Subtitle C—exempt)

 is desireable.

However, USEPA noted that the costs of complete Subtitle C

compliance would likely be prohibitive.

 USEPA stated that it

plans to establish a special subset of regulations for this

material at some future time.

 Since there are no regulatory

amendments at this time, and since the federal determination does

not yet carry any substantive effect, the Board does not need to

react to this determination by amendment of the Illinois rules.

This opinion will not further discuss this federal action.

By the amendments of February 9,

 1995, USEPA established

hazardous waste listings

 (1(156 through 1(161) for six carbamate

production wastes.

 It added 58 new chemicals to the list of

commercial

chemical

products that become hazardous waste when

discarded.

 USEPA also exempted biological treatment sludges from

hazardous waste regulation,

 so long as the treated sludges do not

exhibit a hazardous characteristic.

On

April

17,

 1995 and again

on

May

12, 1995, USEPA corrected the earlier carbamate

amendments.

 The present docket includes amendments to the

Illinois RCBA Subtitle C rules

in

response to these federal

actions.

There were two sets of ostensibly unrelated amendments on

April 4,

 1995 which will have a related impact on the Illinois

regulations.

 First, USEPA amended its methods for testing

hazardous waste to clarify the temperature for pH measurements

and add an additional analytical method.

 The Board will have to

incorporate these amendments into the Illinois rules.

 Second,

USEPA amended its guideline for testing under the Clean Water Act

5

(40 CFR 136)

 to add clarifying notes and update analytical

methods.

 Although this action does not directly affect the RCRA

Subtitle C program, the Illinois RCRA/UIC regulations incorporate

 federal part 136 by reference at Section 720.111.

 Both sets of

amendments have required the Board to update the incorporations

by reference provisions

 to reflect the latest federal versions of

the methods.

A major set of federal regulations arose on

May

11, 1995,

when USEPA established a new body of regulations to govern

certain high-volume hazardous wastes that are being collected for

recycling or disposal.

 Although USEPA plans to add wastes in the

future

 (notably,

 fluorescent light bulbs),

 these streamlined

rules

 (not unlike the used oil regulations)

 apply to batteries,

pesticides, and thermostats at this time.

 This is the single

most significant set of amendments within the update period, and

the Board has received a request for expedited consideration of

these amendments.

 The Board is establishing a new Part 733 in

this proceeding to correspond with new federal 40

CFR

273.

By the amendments of June 13,

 1995, USEPA delisted the

treated residues of certain listed hazardous waste generated by

Conversion Systems,

 Inc.

 (CSI)

 in Sterling,

 Illinois.

 As is

explained below, CSI submitted a request that has prompted the

Board to include corresponding amendments in this docket.

On June 29,

 1995, USEPA deleted a vast

number

of rules that

were obsolete,

 redundant,

 or outdated.

 USEPA amended three

provisions in 40

CFR

261 and 266 of the RCRA Subtitle C

(hazardous waste) rules

 as part of this effort.

 The Board has

included amendments in this docket to correspond with this

federal action.

Finally, undertook three actions relating to the 40 CFR 264,

subpart CC and 265, subpart CC regulations

 (Subpart CC rules)

governing organic material emissions from tanks, containers,

and

surface impoundments.

 One action,

 on July 7,

 1995, made

corrections to the Subpart CC rules.

 Since both corrections

relate to the Federal Register preamble discussion and not to the

text of the regulations themselves,

 no amendments were necessary

based on that action.

 On the other hand,

 Board action is

required by two other actions relating to the Subpart CC rules

that are outside the routine time-frame of this docket.

 Although

both actions are within the nominal time-frame of the next RCRA

Subtitle C update docket,

 R96—10, which covers the period of July

1 through December 31,

 1995,

 the Board has decided to take action

at this time and include both stays in this docket.

 Both are

partial stays of the Subpart CC rules.

 First, on September 29,

6

1995,

 TJSEPA indefinitely stayed the Subpart CC regulations as

 they would apply to tanks,

 surface impoundments, and containers

containing hazardous waste generated by an organic peroxide

manufacturing process.

 Second,

 on November 13,

 1995, USEPA

further delayed the effective date of the Subpart CC rules by

another six months, until June

6,

 1996.

 Both stays required

amendment of the base hazardous waste regulations.

PUBLIC COMMENTS

The Board will receive public comment on this proposal for a

period of 45 days following its publication in the Illinois

Register.

 The Board will delay filing any adopted rules with the

Secretary of State

 for 30 days after adoption, particularly to

allow USEPA review.

 The complete text of the proposed amendments

appears in

 a separate order adopted this day.

As of the time of proposing these amendments for public

comment, the Board had already received five public comments on

the rules:

PC 1 Vicki Thomas, Executive Director,

 Joint Committee on

Administrative Rules

 (letter and attachments dated

August 22,

 1995)

PC

 2 Vicki Thomas, Executive Director,

 Joint Committee on

Administrative Rules

 (JCAR; text of 35

 Ill. Adm. Code

728.Table

T,

 as adopted in R95-4/R95-6, with

corrections marked)

PC

 3 Ron Klint,

 TDI Batteries

 (letter)

PC

 4 Jeffrey C. Moore, General Counsel, Conversion Systems,

 Inc.

 (letter)

PC

 5 Mark Homer,

 Regulatory Affairs Counsel,

 Chemical

Industry Council of Illinois

 (CICI;

 letter)

By PC

 1 and PC

 2, JCAR indicates

 a number of minor

corrections to the base text of the Illinois RCRA Subtitle C

regulations and as last amended in R95-4/R95-6.

 The Board has

examined those corrections and acted on them where necessary,

which is discussed below.

In PC

3,

 a member of the regulated community has requested

expedited consideration of the universal waste rules,

 adopted by

USEPA on May 19,

 1995.

 The letter outlines the environmental and

7

economic benefits of prompt adoption of what amounts to a

relaxation of the hazardous waste regulations.

 The Board granted

expedited consideration of these amendments by an order dated

October 19,

 1995.

 The universal waste rules are a major segment

of the present action.

By PC

4,

 a regulated entity requests that the Board adopt a

federal hazardous waste delisting

 (of June 13,

 1995) by

identical-in-substance rulemaking.

 Although we possess the

statutory authority to adopt such site-specific federal

regulations using the identical—in-substance procedure,

 the Board

does not unilaterally propose and adopt such rules in the absence

 of a request that we act to adopt the rule.

 The Board has

included the delisting with the present amendments in response to

the request.

In PC

5,

 an industry trade association requested expedited

consideration of the federal stay

 (dated November 13,

 1995)

of

major provisions of existing rules adopted in docket R95-4/R95—6.

USEPA adopted the stay outside the nominal time-frame of this

docket.

 The Board granted expedited consideration of the stay by

an order dated December 7,

 1995.

 As discussed above,

 this stay

and another are both dealt with in the present action.

 (See

infra,

pp.

 16—19.)

EXPEDITED CONSIDERATION AND

REASON FOR

DELAY

Prior to commencing work on the present amendments, the

Board received requests to expedite this docket.

 As described

above, the Board granted expedited consideration by orders dated

October 19 and December 7,

 1995.

 The October

19,

 1995 order also

set forth reasons for delay in this docket--i.e.,

 “present and

recent-past demands on Board resources and personnel,

 including

those associated with completing the prior update, R95-4/R95—6”.

Although the proposal of these amendments is later than was

originally anticipated on October

 19, this proposal for public

comment represents

 a significant effort on the part of the Board

 to act as promptly as possible, given the magnitude of the

amendments included in this docket and competing priorities for

the Board and its staff.

 Assuming all the necessary work to

complete this rulemaking occurs as rapidly

as

possible, the Board

would anticipate adopting these amendments at a regularly-

scheduled meeting in April,

 1996,

 filing them with the Secretary

of State 30 days later.

8

The Board will cause a copy of the above segment of this

proposed opinion to be published in the Illinois Register,

as

required by Section 7.2(b)

 of the Act.

HISTORY OF

 RCRA

SUBTITLE C, UST and UIC ADOPTION

AGENCY OR BOARD ACTION?

EDITORIAL CONVENTIONS

The Board appends three routine discussions at the end of

this opinion.

 The first is

 a summary history of the Illinois

RCBA

Subtitle C and UIC programs.

 It lists all actions taken to

adopt and maintain these programs since their inceptions.

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 to date.

The

second is a discussion of how the Board codifies requirements

that call for state determinations,

 such as for exemptions,

 exceptions,

 etc.

 The third discussion relates to our use of

language in the codification of identical-in—substance rules.

We

intend these as reference aids for interested persons in the

regulated community.

DISCUSSION

The federal actions that underlie this proceeding require

amendment of

the Illinois

RCRA

Subtitle C regulations.

 This

discussion briefly focuses on each by subject matter,

 indicating

the specific details of the actions taken by the Board where

pertinent.

General Revisions

The Board has engaged in an ongoing effort to change its

method of referring to the United States Environmental Protection

Agency in the hazardous waste and other regulations through the

course of the last several update proceedings, R93-16,

R94-7,

R94-17, and R95-4/R95-6.

 Subsequent to the final opinion and

order in the next preceding update, R95-4/R95-6 dated June

1,

1995,

 JCAR

requested that the Board adopt

the same usage

throughout all of our bodies of regulations--i.e.,

 air,

 water,

drinking water, RCPA Subtitle D

 (municipal solid waste landfill),

RCBA

Subtitle C (hazardous waste), underground injection control

(UIC),

 etc.

 The Board included the Agency in our discussion of

whether “USEPA” or “U.S. EPA” would become the chosen form.

The

Agency’s Bureau of Air pressed for unity in favor of the “USEPA”

9

usage.

 For this reason, the Board begins the process of

reversing the prior unifying amendments

 in the provisions that

are open in this docket.

 We will now refer to “USEPA”.

 We will

continue this conversion

 in future rulemakings as additional

Sections otherwise become open to amendment.

The Board substituted “or” for

“I”

 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,

 and cross-

reference format throughout the opened text.

 We also changed

“who” to

 “that’t and “he” 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 “shall”

for “will”;

 capitalized the Section headings and corrected their

format where necessary; and corrected punctuation within

sentences.

Finally,

 some of the language structure of the federal base

text

 (in the new amendments)

 is cumbersome or less than clear.

The Board has attempted to correct some of the worst instances of

 this.

 We realize that the language of the hazardous waste

regulations would still be clearer and more concise, but the

Board cannot go further at this time and still maintain parity

with the federal regulations.

 However, we invite interested

members of the regulated community to submit suggestions relating

to correcting deficiencies and errors and enhancing clarity of

the rules.

For the sake of brevity,

 the following table sets forth the

miscellaneous corrections to the pre-amended base text of the

rules for persons needing to make the comparison in detail.

Corrections made to the amendments incorporated in this docket

are set forth in the topical discussions that follow.

Corrections to Base Pre-Amended Text

Section

 Correction

702.110 “corrective action

 Switch to “USEPA”

management unit”,

 “date of

approval

.“

 & “Environ-

mental Protection Agency”

703.123(e),

(f)

&

(g)

 Subsection numbering

703.151

 & 703.152

 Reformat Board Notes

10

Switch to “USEPA”

in

“corrective action management

unit”,

 “designated facility”,

“EPA hazardous waste number”,

“EPA identification number”,

“manifest document number”

&

“replacement unit”; move

definitions of “USEPA”,

 “representative sample”

&

“uppermost aquifer”; add

definition of “USDOT”

Switch to “USEPA” under

“APTI”,

 “GPO”

 & “USEPA”;

correct end-of—quote

punctuation of reference to

SW—84 6

720.120 (a)

720.103 (a) (2) (D)

720.103(b)

(1)

(B)

&

 (b) (11)

721.103(e)

(2)

(C)

721.103(f)

(2),

(f)

(7)

(A),

(f) (7) CG)

 (f) (9) (A)

&

(f)

(9)

(C)

721.105(f) (3)

721.105(f)

(3)

(C)

Change to “that”

Remove “or” from subsections

(i)

 through

 (iv); repunctuate

(v)

 (JCAR requests); use

possesive

“wastes’”

Switch

“USEPA”

Delete decimal from zinc

entries

 (JCAR request); switch

to “USEPA”;

 correct subsection

label

format

Switch to “USEPA”

Add “fulfills any of

.“

to

preamble & “the facility is”

to subsections; add reference

to 40 CFR 271

Switch to “USEPA”

721.105(g) (3)

 Add “fulfills any of

.“

to

preamble;

 “the facility is” to

subsections

 & add reference to

40 CFR 271

720.110

720.111

721.105(g)

(3)

(C)

 Switch to “USEPA”

11

721.105(g)

(3)

(E)

721.106

(a)

(3)

Use “that”

Switch to “USEPA”

721.130(b) (2)

 Correct

 “a”

 (JCAR

request)

721.131(a)

 F023

721.132

1(001

721.132

1(066

721.132

 1(149

721.App. H

warfarin,

warfarin

salts, zinc phosphide

 & ziram

72l.App. H

Add

closing

parentheses

 (JCAR

request)

Change

“or”

Correct punctuation of

quotation

Change location of end

punctuation

 (JCAR request)

Remove end punctuation

Add

“note:”

721.App.

I,

 Table B

721.App.

722.111(d)

Switch

“USEPA”

Correct first-row entries’

parentheticals

 (prompted by

JCAR request); add cross-

references to column heading

footnotes;

add

Board

Note

indicating source

Add comma

724.101(f)

 Switch to “USEPA”

724.101(g)

(7)

through

(g)

(10)

724. 980 (a)

Add cross-reference to

reserved

federal

provision

rcnuniber subsections to

correspond with federal

counterparts

Switch to “USEPA”

725.

980 (a)

Switch

“USEPA”

726.

180 (a)

 Use singular,

 change to “that”

in place of “who”; use “the

batteries” in place of

 “them”

726.203(a)

(1)

(B),

(a)

(3),

(b) (2),

(c)

(2)

(A)

(1),

(c)

(4)—

(A) (i)

(c)

(8)

(B)

(i)

726.204(a) (3)

728.101(e) (3)

728.Table

 T D033

728.Table

F028

728.Table T F037

728.Table

F039

728.Table

 T F039

728.Table T K019

728.Table

K051

728.Table

P024

729.Table T U027

728.Table

 T end note 7

72~.Table

Diphenyl-

nitrosoamine

728.Table U end note 4

Switch to “USEPA”

Switch to “USEPA”

Correct

CAS

number

(JCAR

requested)

Switch to

 “TJSEPA”

Correct wastewaters entry for

xylenes

(JCAR

requested)

Switch to “USEPA”

Correct CAS number for bis(2-

chioroisopropyl) ether

 (JCAR

requested)

Correct CAS number for bis(2-

chioroisopropyl) ether

(JCAR

requested)

Correct CAS number for toluene

(JCAR requested)

Correct wastewaters entry

(JCAR requested)

Correct CAS number for bis(2-

chloroisopropyl) ether

 (JCAR

requested)

Switch to “USEPA”

Add

space

(JCAR

requested)

Switch to “USEPA”

Updated Analytical Methods--Section 720.111

USEPA amended 40 CFR 260.11(a)

 on January 13,

 1995,

at

60

Fed.

 Reg.

 3089,

 and on April

4,

 1995,

at

 60 Fed. Reg.

 17001.

13

Section 720.111 of the Illinois hazardous waste regulations

corresponds with 40 CFR 260.11.

 Both sets of amendments related

to updating the reference,

 “Test Methods for Evaluating Solid

Waste,

 Physical/Chemical Methods”

 (SW-846).

 Both sets of

amendments added methods to SW-846.

 The January 13 amendments

added Updates

I,

II,

 and hA

 to the third edition in the

reference to this document.

 Those amendments also revised the

references to the updates to indicate that they are now available

through the Government Printing Office, which means the deletion

of the references

 to MICE and USEPA-OSW as sources of these

documents.

 The April

 4 federal amendments added Update IIB to

the reference.

 In reviewing the January 13,

 1995 Federal

Register discussion of the methods included in the updates, the

Board observed that Method 8290 is included in Update II.

We

therefore deleted the reference to USEPA as the source for this

method.

Although not directly related to the hazardous waste

regulations, USEPA also amended the Clean Water Act programs

analytical procedures of 40 CFR 136 on April

4,

 1995,

at

 60 Fed.

Reg.

 17160.

 USEPA added clarifying footnotes; updated the

methods in Tables

IA,

IB,

IC,

 and ID; and corrected typographic

errors in the text.

 The Board has incorporated 40 CFR 136 by

reference in Section 720.111(b).

The Board has incorporated the three sets of federal

amendments into Section 720.111.

 We updated the reference to SW-

846 to indicate the new updates and revised availability of those

updates.

 The Board also updated the incorporation of 40 CFR 136

by adding the April

 4 Federal Register citation.

 The Board

invites public corrinent on the updated incorporations in Section

720.111.

Hazardous Waste Determinations--Sections 721.103, 721.104~

721.132, 721.133 & 721.Appendices S through

I

USEPA undertook three basic actions relating to

identification of hazardous waste to which the Board responds in

this docket.

 First, USEPA published its interpretation of the

point at which municipal incinerator ash initially becomes

subject to regulation as hazardous waste in light of

 a recent

Supreme Court decision.

 Second, USEPA adopted and corrected

regulations adding a number of hazardous waste listings and

hazardous constituents listings.

 These primarily involve wastes

generated in carbamate manufacturing processes.

 Finally, USEPA

granted a hazardous waste delisting to a company for a waste

generated in Illinois.

14

USEPA announced its interpret.aLion of when municipal

incinerator ash becomes subject to hazardous waste regulation on

February 3,

 1995.

 It took this action as

 a result of the Supreme

Court’s decision in City of Chicago v. Environmental Defense

Fund,

——

 U.S.

——,

 114 S. Ct. 1588

 (1994).

 Prior to that

decision, USEPA had interpreted the exclusions of 40 CFR

261.4(b) (1) (ii)

 (corresponding with and Section 3001(i)

 of RCRA

as excluding the combustion of municipal waste

 from hazardous

waste regulation.

 (See 50 Fed. Reg.

 28702, July 15,

 1985.)

At

various times, USEPA took the position that the resulting ash

itself was exempted.

 (See 59 Fed. Reg.

 29372,

 June 7,

 1994.)

In

City of Chicago,

 the Court determined that the resulting ash was

subject to RCRA Subtitle C regulation if it exhibited a

characteristic of hazardous waste.

 On February

3,

 1995, USEPA

stated that the Court’s opinion left open the issue of the point

at which the ash would become subject to Subtitle C regulation.

USEPA interpreted that this point was when the ash actually

leaves the combustion building for disposal.

 Prior to that

point,

 USEPA does not consider the ash subject to regulation as

hazardous waste.

In response to the federal action of June

7,

 1994,

 relating

to facility permitting, the Board added a Board Note to Section

721.104(b) (1) (B)

 indicating the Supreme Court decision and

USEPA’s June 7,

 1994 action in response.

 The Board has added

language to this Note indicating the newer February 3 action by

USEPA in further response to the Supreme Court’s decision.

USEPA added six wastes generated in the manufacture of

carbamates

 (i.e.,

 “carbamate wastes”)

 to the lists of hazardous

wastes 40 CFR 261 Subpart D (“Subpart D wastes”)

 on February 9,

1995,

 at 60 Fed. Reg.

 7824.

 USEPA further added 58 specific

chemical substances to the list of commercial chemical products

that are hazardous waste when discarded.

 This action entailed

amendments to 40 CFR 261.3(a) (2) (iv) (F),

 (a) (2) (iv) (G), and

(c)(2) (ii) (D)

 (all added);

 261.32; 261.33(e) and

 (f); and 261,

Appendices VII and VIII,

 which correspond with 35 Ill.

Adm.

 Code

721.103(a) (2) (D) (vi),

 (a) (2) (D)(vii), and

 (e) (2) (D);

 721.132;

721.133(e)

and

 (f); and 721.Appendices G and H.

 USEPA later

corrected errors in these amendments on April

17,

at

 60 Fed. Reg.

19165, and May 12,

 1995,

 at 25619.

 The Board has made all the

amendments necessary to incorporate the federal

 revisions.

The

Board made minor editorial changes in the federal text in a

rnrniber of locations.

 The changes are limited to correction of

punctuation, the capitalization of an abbreviated chemical name,

and the correction of the format

 (i.e.,

 spacing and hyphenation)

 and spelling of chemical names for the added constituents.

we

have not otherwise deviated from the federal carbamate rule

15

revisions.

 A table

 at the end of this segment of the discussion

indicates the location of the changes.

USEPA granted Conversion Systems,

 Inc.

 (CSI)

 a hazardous

waste delisting on June 13,

 1995,

at

 60 Fed. Reg.

 31107.

The

waste to which the delisting immediately applies is

proprietarily-treated electric arc furnace dust

 (1(061)

 generated

at CSI’s Sterling,

 Illinois operations.

 The federally—granted

delisting includes a number of conditions pertaining to waste

treatment, maximum leachable contaminant concentrations,

 testing,

recordkeeping, and reporting.

 The delisting includes conditions

relating to future expansion to other locations upon written

amendment by USEPA.

The Board has incorporated the CSI delisting into Section

721.Appendix

 I, Table B,

 relating to delisted wastes from

specific sources with a limited number of revisions to the

language for the sake of clarity and to make it fit within

Illinois administrative and statutory requirements.

 We list

revisions and our reasons in the following table:

Deviations from the Federal Text of the CSI Delisting

the

Deviation from Federal Text

 Explanation

Use of full name instead of

“EAFD” for initial reference

in preamble

Added reference “municipal

solid waste landfill” to

Subtitle D references in

preamble and paragraph 2.

Offset parenthetical language

of

 “as

“

 clauses with

commas and in the preamble and

paragraph 2.

Changed “that” to “which” in

preamble

Added incorporation language

to reference to SW—846

in

paragraph

1.

Changed “must”

 to “shall” in

several locations in

paragraphs

 l.A.,

 1.C.,

2.,

4.,

Enhanced clarity

Language convention used in

Illinois nonhazardous waste

landfill

 (Subtitle D)

regulations

Grammatical corrections

Grammatical correction

Administrative Procedure Act

requirement

Board language convention for

imperative actions

16

and 5.

Changed “composites” to

“composite samples”

in

paragraph l.A.

Changed “comprised” to

“composed”

 in paragraph l.A.

Added “above” and “below” to

cross-references

Added language to paragraph

1.B. outlining options for

future expansion of the

delisting

Substituted “approved

facility” for “Sterling,

Illinois facility and any new

facility subsequently added”

in paragraph 1.C.

Substituted “as hazardous

waste” and cross reference to

the pertinent regulations for

a reference to RCRA Subtitle C

in paragraph 2.

Substituted “this

 exclusion”

for “the exclusion” in

paragraph 2

Added “in parts per million”

to paragraph

3.

Substituted language relating

to advanced notice and

approval of

 process

 changes in

paragraph

4.

Changed references to

notification of USEPA to

notification of the Agency

(Illinois EPA), changed a

reference to “sufficient basis

to revoke”

 to “a violation of

the Act and Board

regulations”, and altered the

Enhanced clarity

Grammatical correction

Codification requirement

Expressly clarify the options

available under

 Illinois law

that do not exist in federal

law

Clarity and economy of

language

Correct reference in Illinois

regulatory scheme

Enhanced clarity

Enhanced clarity

Enhanced clarity

Comports with Illinois

regulatory scheme

17

USEPA-specific references in

the certifications in

paragraph

5.

The

Board

lists

its

deviaLions

from

the

text

the

carbamate waste amendments in the following table for the

convenience of those who must make a detailed comparison of the

federal

and

state

texts:

Deviations from the Federal Text of the Carbamate Waste Rule

Section

721.103(a)

(2)—

(D) (vi)

&

 (vii)

Derived from

261.3(a)

(2)—

(iv)

(F)

(G)

Deviation(s)

Use

colon;

add

commas

for

parentheticals

721.103(e)

(2)—

(D)

261.3(c)

(2)—

(ii) (D)

Use of colon;

 deletion

comma

from two—element series; use of

“USEPA”

721.133(e)

P189,

 P191,

P192,

P185

P202

&

261.33 (e)

 Correct format of chemical

names

721.133(f)

& U378

U409

261.33

(f)

 Correct format of chemical

names

721.App. G

& 1(160

1(159

 261.App. VII

 Correct format of chemical

 abbreviated names

72l.App.

 261.App. VIII

 Correct format of chemical

names in entries for “A2213”,

“aldicarb sulfone”,

 “ben—

diocarb”,

 “bendiocarb phenol”,

“benomyl”,

 “bis (pentamethyl—

ene) thiuram”,

 “carbosufan”,

“ferbam”,

 “formetanate hydro-

chloride”,

 “formparanate”,

 “3-

iodo-2-propynyl-n-butyl-car-

bamate”,

“physostigmine”,

“physostigmine salicylate”,

“selenium,

 tetrakis(dimethyl—

dithiocarbamate)”,

 “thiodiarb”,

“thiophanate-methyl”

&

“tirpate”

The Board invites comment on our amendments

 to the

exclusions from regulation as hazardous waste in Section 721.104

18

in response to the USEPA response to the City of Chicago

decision.

 We also invite comment on our responses to the

carbarnate rules,

 to the definition of hazardous waste in Section

721.103 the listings of Subpart D listed wastes in Sections

721.132 and 721.133, to the listing of the bases for waste

listing in Section 721.Appendix G, and to the hazardous

constituents in Section 721.Appendix H.

 Finally, the Board

invites comment on our codification of the federally-granted CSI

hazardous waste delisting.

Postponement of Subpart CC Organic Emissions Rules Effective

 Date——Sections 724.980, 724.989, 725.980, 725.982 & 725.990

USEPA adopted the

 40 CFR 264, Subpart CC and 265, Subpart CC

organic material emission regulations applicable to hazardous

waste tanks,

 containers, and surface impoundments in December,

1994.

 It stayed the effective date of those rules by six months

on May 19,

 1995,

at

 60 Fed.

 Reg.

 26828.

 As discussed above, the

Board incorporated both the original adoption and that first six-

month stay into the Illinois regulations in the prior update

docket,

 R95—4/R95—6.

USEPA granted further limited stays of the Subpart CC

regulations on September 29,

 1995,

at

 60 Fed. Req.

 33912, and

November 13,

 1995,

at

 60 Fed. Req.

 56952.

 As discussed above,

USEPA indefinitely stayed the rules as to wastes from the

manufacture of organic peroxides in the September action,

for

safety reasons.

 USEPA amended 40 CFR 264.1080,

 264.1089,

265.1080, and 265.1090, which correspond with 35 Ill.

 Adiu.

 Code

724.980, 724.989,

 725.980,

 and 725.990,

 to effect this

 stay.

USEPA then granted a second six-month stay of the effective date

for the rules in their entirety in the November action, until

June

6,

 1996.

 This required amendment of

 40 CFR 264.1080,

265.1080,

and

265.1082

(corresponding

with

Ill.

 Adm.

 Code

264.980,

265.980,

and

265.982).

The

Board

has

incorporated

both

stays

into

this

docket

in

response

 to public comments and to avoid a situation where the

Illinois regulations could be read as more stringent than the

federal

rules.

anticipation

these

further

stays,

the

Board

added

Board

Notes

Sections

724.1080(a)

and

725.1080(a)

the

R95-4/R95-6

update

cite

the

earlier

stay

and

explain

that

not

intend

greater

stringency.

Therefore,

incorporate

the

federal

stays,

the

Board

has

amended

the

effective

date

citations in these rules to reference June

6,

 1996 and the

November 13,

 1995 Federal Register citation to the stay at

Sections 724.1080(a) and

 (b),

 725.1080(a) and

 (b),

and

19

725.982(a),

 to correspond with the federal revisions at 40 CFR

264.1080(b), 265.1060(b), and 265.1082(a).

 The Board has further

added the new language for the organic peroxides stay at Sections

724.980(d), 724.989(i),

 725.980(d), and 725.990(i),

 to correspond

with the federal additions of 40 CFR 264.1080(d),

 264.1089(i),

265.1080(d), and 265.1090(i).

The Board lists its deviations from the text of the Subpart

CC stay amendments

 in the following table for the convenience of

those who must make a detailed comparison of the federal and

state texts:

Deviations from the Federal Text of the Subpart CC Stays

Section

 Derived from

 Deviation(s)

724. 980 (a)

264.

1080 (a)

 Alter effective date and Board

Note previously added to

federal base text

724.980(d)

 264.1080(d)

Remove

“administratively”;

remove

“a”;

add

comma

724.980(d) (3)

 264.1080(d) (3)

 Use “must”; remove comma from

two-element series

724.990(i) (2)

 264.1090(i) (2)

 Add “pursuant to”; use “must”

724.990(i) (2)—

(A)

264.1090(i) (2)—

(i)

Use “must”; use commas in place

of semicolons

724.990(i) (2)—

(b)

264.1090(i) (2)—

(ii)

Use “must”; use commas

 in place

of semicolons;

 remove commas

from two-element series; use

singular “waste” and “this”;

replace “handled” with

“managed”

724.990(i) (3)

 264.1090(i) (3)

 Use “or” in place of “and”;

add

“pursuant to” and “specified

in”; use “were” to state

condition contrary to fact; use

“must”

724.990(i) (3)—

(A)

&

(B)

264.1090(i) (3)—

(i)

&

 (ii)

Use singular “waste” and

“this”; use “must”; use “would”

to state condition contrary to

fact

20

725. 980 (a)

265.

1080 (a)

 Alter effective date and Board

Note previously added to

federal base text

725.980(d)

 265.1080(d)

Remove

“administratively”;

remove “a”; add comma

725.980(d) (3)

 265.1080 Cd) (3)

Use

“must”;

remove

comma

from

two-element series

725.990(i) (2)

 265.1090(i) (2)

 Add “pursuant to”; use “must”

725.990(1) (2)—

(A)

265.1090(1) (2)—

(i)

Use “must”; use commas in place

of semicolons

725.990(i) (2)—

(b)

265.1090(1) (2)—

 (ii)

Use “must”; use commas in place

of semicolons; remove commas

from two-element series; use

singular “waste” and “this”;

replace “handled” with

“managed”

725.990(i) (3)

 265.1090(i) (3)

 Use “or” in place of “and”; add

“pursuant to” and “specified

in”; use “were” to state

condition contrary to fact; use

“must”

725.990(i) (3)—

(A)

&

(B)

265.1090(i) (3)—

(1)

&

 (ii)

Use

singular

“waste”

and

“this”;

 use “must”; use “would”

to state condition contrary to

fact

The Board invites comment on our codification of the federal

stays of the Subpart CC regulations.

 The two stays upon which

the Board seeks comment are the indefinite stay relating to

organic peroxides manufacturing waste and the second six-month

general stay of the rules.

Universal Waste Rules--Sections 703.123, 720.110, 720.120,

720.123, 721.105,

 721.106, 721.109, 722.110, 722.111, 724.101,

725.101, 726.180,

 728.101

 & Part 733

USEPA adopted a major new body of alternative hazardous

waste management regulations on May 11,

 1995,

at

 60 Fed.

 Req.

25492,

 as 40 CFR 273.

 These new regulations, called the

“universal waste rule”, modify the RCR7~Subtitle C program to

21

streamline the system as it applies to these widely-generated

wastes.

 The wastes to which the alternative regulations

currently apply are batteries, pesticides, and mercury—containing

thermostats.

 USEPA stated in adopting the rules that it intends

to expand their applicability to new wastes in the future, such

as fluorescent light bulbs.

In recognition of some fundamental problems with the

hazardous waste management system, USEPA devised the universal

waste rule.

 Its goals are to encourage resource conservation

while adequately protecting

human

 health and the environment,

to

improve implementation of the Subtitle C regulations, and to

encourage efforts to collect the unregulated universal waste and

remove it from the municipal waste stream.

 Although generaLed in

great quantities overall,

 universal waste is generally generated

in small quantities below the threshold of regulatory concern by

individual

 generators.

 Thus,

 they are lawfully disposed of in

municipal trash in large aggregate quantities by these small

generators.

 One problem with the existing RCRA Subtitle C

hazardous waste management scheme is that

 an effort to divert or

recover these materials from municipal trash at central locations

would likely render the recovery efforts subject to the hazardous

waste regulatory scheme, which may be a disincentive to such

 diversion or recovery efforts and a factor favoring their

continued large-scale disposal in municipal solid waste

landfills.

The universal waste rule divides the universe of those

handling universal waste into two groups:

 large quantity

handlers of universal waste

 (LQHUW5) and small quantity handlers

of universal waste

 (SQHUWs).

 A person accumulating and storing

5,000 kilograms

 (11,000 pounds)

 or more of universal waste on-

site is an LQHUW;

 a person aggregating less than this amount is a

SQHUW.

 The major differences in impact of the rules on these

entities is that LQHUW must notify USEPA of its activity and

maintain required records for its waste,

 and there are no similar

requirements imposed on a SQHUW.

 Both LQHUWs and SQHUW5 are

generally prohibited from diluting,

 treating,

 and disposing of

universal waste, and imposed on both are general management

requirements intended to protect human health and the

environment, such as limitations on waste-related activities and

off-site shipment and packaging and labelliny, accumulation time

limit, employee training, and release response requirements.

In addition to requirements imposed on handlers of universal

waste,

 the universal waste rule includes requirements

for

universal waste transporters and destination facilities.

The

requirements and prohibitions imposed on

 a universal waste

 transporter are somewhat similar to those for handlers to

 a major

22

extent.

 The transporter standards include general prohibition

against diluting,

 treating, and disposing of universal waste,

required compliance with USDOT standards,

 an accumulation tine

limit, release response requirements, and destination

requirements.

 The management standards for destination

facilities include requirements for receipt or diversion or

rejection of consignments of universal waste.

 They also include

recordkeeping requirements for receipts of waste.

The universal waste rule has two additional sets of

requirements for universal waste management.

 First,

the

regulations include requirements for importation of universal

waste that subject handlers, transporters,

 and destination

facilities to the universal waste rule when the shipment arrives

in the United States.

 Second, the universal waste rule includes

specific petition requirements for those interested in asking

USEPA or an authorized state to include additional wastes as

subject to universal waste regulation.

Finally, accompanying new 40 CFR 273 were amendments to

other segments of the existing hazardous waste regulations

necessary to implement the new rules.

 These include amendments

to

 40 CTh 260.1,

 to incorporate new definitions; amendment of

 260.20(a) and the addition of 260.23,

 to accommodate petitions

for rulemaking under the universal waste rule;

 and amendment of

40 CFR 261.5,

 262.10,

 262.11,

 264.1,

 265.1, 266.80,

 268.1, and

270.1 and the addition of 261.9,

 to set forth the applicability

and interplay of the universal waste rule and relevant segments

of the generally—applicable hazardous waste management

regulations.

The Board has incorporated the universal waste rule into the

Illinois hazardous

waste

 regulations with minimal, nonsubstantive

deviation from the federal text.

 This incorporation adds Part

733 and Sections 720.123 and 721.109 to the rules and the

amendment of Sections 703.123, 720.110, 720.120,

 721.105,

721.106,

 722.110, 722.111,

 724.101, 725.101,

 726.180,

 728.101.

The deviations from the federal language were primarily

corrections to grammar and punctuation, were enhancements in

clarity, or were necessary to integrate the universal waste rules

to the Illinois regulatory structure.

 The Board summarizes the

deviations in

 a table at the end of this segment of the

discussion.

 The table is intended to aid those persons,

 such as

JCAR or USEPA, that must compare the federal and state versions

of the text.

One series of routine substitutions bears specific

discussion.

 These are the substitutions of a state agency to

perform functions where USEPA uses its own name in the rules.

23

Generally,

 the Board substitutes itself or the Agency for most

functions USEPA cites for itself in the regulations.

 A routine

discussion at the end of this opinion,

 entitled “Agency or Board

Actions?” outlines the circumstances that dictate whether the

Agency or the Board is used in substitution.

 An exception is the

grant of an extension to the federal effective date for a land

disposal restriction under 40 CFR 268.5, which

 is beyond a

state’s authority to grant.

 Another example is the granting of

federal facility identification numbers under 40 CFR 262.12,

263.11,

 264.11, or 265.11.

In the universal waste rule,

 the Board encountered two

special instances of substitutions.

 The first is the

notification requirements of Sections 733.112

 (small quantity

handlers of universal waste; derived from 40 CFR 273.12)

and

733.132

 (large quantity handlers of universal waste; derived from

40 CFR 273.32).

 Both appear parallel to RCBA section 3010

notification, since the handler must obtain a USEPA

identification number.

 For this reason, the Board has retained

the requirement of notifying USEPA while imposing the duty to

also notify the Agency of the activity.1

Second, Section 733.161(c)

 (derived from 40 CFR 273.61(c))

 imposes

 a notification requirement on a destination facility it

it receives a shipment containing hazardous waste.

 Since this

is

clearly an enforcement-related notification,

 the Board has

required notification of the Agency alone.

Finally,

 in the 733.Subpart G and Section 720.123, the Board

has substituted itself as the appropriate person to petition for

inclusion of additional hazardous waste in regulation as

universal waste.

 The preamble Federal Register discussion,

at

60

Fed.. Peg. 25537,

 indicates that USEPA intends that states may

obtain federal authorization to grant additions to universal

waste similar to state authorization to grant hazardous waste

delistings.2

 In making this substitution,

 the Board realizes

that we cannot effectively grant an addition to universal waste

until the state received federal authorization of that aspect of

our regulations,

 similar to hazardous waste delistings.

 Further,

‘

 The Board realizes that USEPA and the Agency work

cooperatively in exchanges of information and in policing regulated

entities.

 However, requiring notification to both entities gives

the regulators and the regulated community an added measure of

certainty that both sets of files are complete.

 An authorization granted the Board effective April

30,

1990,

 at 55 Fed. Reg.

7320

 (March

1,

 1990).

24

federal primacy provisions would make a federal grant of

universal waste status ineffective in Illinois until also granted

by the Board.3

 For these reasons, the Board has crafted the

universal waste designation provisions so that it is clear that

we will consider federally-granted designations using the

identical-in-substance procedure and those not federally-granted

using the general rulemaking procedure.

The Board has added a Board Note at Section 733.180 (a)

explaining our authority to include additional hazardous waste as

universal waste.

 Section 3009 of

RCRA.

Subtitle C does not allow

states to adopt regulations that are less stringent than the

federal regulations.

 If the Board were to include additional

waste before receiving federal authorization to do

 so, the

Illinois hazardous waste regulations would violate this

requirement.

 For these reasons, the added Board Note states as

follows:

The Board cannot add a hazardous waste or category of

hazardous waste to this Part by general rulemaking

until USEPA authorizes the Illinois universal waste

regulations.

 The Board may,

 however, add a waste or

category of waste by identical-in-substance rulemaking.

In establishing the universal waste designation procedure,

the Board realizes that an alternative procedure is available.

Instead of general rulemaking, the Board could use the adjusted

standard procedure of Section 28.1 of the Act and 35 Ill.

Adin.

Code 106 to grant universal waste designations,

 just like it is

used for hazardous waste delistings, once USEPA has conferred

this authority on the state.

 We opted for the general rulemaking

procedure because it appears that universal waste designations

are broader

 effect than the delisting of a particular

generator’s hazardous waste.

 Since general rulemaking would

result in incorporation of the designation into the regulations,

the Board felt that the enhanced public notice would prove

beneficial.

As a final point, the Board notes

that

 in amending 40 CFR

260.20

 (corresponding with 35 Ill. Adm.

 Code 721.120), USEPA

~

 Section 3006 of

RCPA

 (42 U.S.C.

§

 6926)

 provides that state

regulations apply in an authorized state in lieu of the federal

regulations.

 Section 3009

 (42 U.S.C. § 6929) provides that states

may establish regulations that are more stringent than the federal

regulations.

These

provisions

made

necessary

for

owners

and

operators to obtain relief at both the federal and state levels

until Illinois obtains universal waste authorization from USEPA.

added a reference to the Part 273 universal waste regulations.

When adopting the used oil regulations in September,

 1992, USEPA

did not amend this provision to reflect amendments to amend the

used oil rules.

 The Board notes this possible error in the

federal text, bu we did riot propose its correction.

 It is

possible that USEPA does not intend petitions to amend the used

oil

rules

under

this

provision.

further

possible

that

such

an amendment would render the Illinois regulations less stringent

than the federal regulations.

 Of course, the Board could add a

reference to Part 739 if USEPA indicates that the lack of a

corresponding reference at 40 CFR 260.20(a)

 is an oversight.

The

 Board invites comment on our approach to the universal

waste rule.

 Specifically, the Board invites comment on

designation of the appropriate person to contact and whether

notification of both USEPA and the

Agency

 is necessary for

activity notification, for receipt of a universal waste

consignment containing hazardous waste, and for obtaining a

universal waste designation.

 The Board also requests specific

comment

 on the burden of dual notification on less sophisticated

members

the

regulated

community.

further

specifically

invite comment on whether the general rulemaking procedure or the

adjusted standard procedure is the more appropriate means of

granting universal waste designations to add additional waste to

Part 733.

 Finally, the Board specifically requests comment from

USEPA whether a reference to rulemaking petitions to amend Part

739 should appear in Section 720.120.

Deviations from the Federal Text of the Universal Waste Rule

Section

Derived

from

Deviation(s)

703.123(h)

 270.1(c) (2)-

 Use singular; add preamble

(viii)

 exclusion to text;

 add “such

a”; add commas for

parenthetical s

720.110 “bat—

 260.10 “bat—

 Use “that”

tery”

 & “des-

 tery”

 & “des-

tination

facil—

tination

facil-

ity”

 ity”

720.110 “pesti—

 260.10 “pesti—

 Add “fulfills one of the

.“

cide”

preamble;

add

“it”

subsections;

 correct citations

to FFDCA; expand citations

to

FDA & FFDCA; add clarifying

Board Note to cite probable

26

source of federal exclusion;

remove comma

720.110 “ther-

mostat”

260.10 “thermo-

stat”

Add “such a”; use singular

720.110 “uni-

versal waste”

260.10 “univer-

sal waste”

Use lower case; add commas for

parentheticals

720.110 “uni-

versal waste

handler”

260.10 “univer-

sal waste

handler”

Add “either of the following”

to preamble; add definite

article; use impersonal “that”;

delete extra “or”;

 restructure

subsections

720.120

(a)

 260.20(a)

 Add commas to series; switch to

disjunctive “or”

720.123

 260.123

 (new)

 Change section heading for

clarity; add “the following”

and subdivide subsections; use

“Board”; add “that shows the

following

.“;

add

 “to that

set forth

.“

721.105(c)

 261.5(c)

 Add “the following”

to

preamble;

add

“hazardous

waste

that”

subsections

721.105(f)

(3)—

(F)

261.5(f) (3) (F)

 Add “the facility is”

721.105(g) (3)—

(F)

261.5(g)

 (3) (F)

 Add “the facility is”

721.109

 261.9

 (new)

 Add commas to parenthetical

phrases; move “therefore” and

remove comma

724.101(g) (11)

 264.1(g) (11)

(new)

Use singular; replace use of

gerund with restrictive

relative clause;

combine

into

single sentence; add

“following”;

 add commas for

parenthetical clauses

725.101(c) (14)

 265.1(c) (14)

(new)

Use singular; replace use of

gerund with restrictive

relative

clause;

combine

into

27

single sentence; add

“ronowing”;

 add commas for

parenthetical clauses

72A.101 (f)

 268.1(f)

 (new)

 Use singular; replace use of

gerund with restrictive

relative clause; use “such

 a”

in place of “persons who”; add

“following”; add commas for

parenthetical clauses

733.Subparts B

& C headings

273, Subparts B

& C headings

Remove redundant words

“universal waste”

733.Subpart G

heading

273, Subpart H

heading

Remove self-reference to Part

733. 101 (a)

 273.1(a)

 Add commas to parentheticals

733.102 (a) (2)

 273.2(a) (2)

 Use “that”

733.103 (a)

 273.3 (a)

 Replace gerund with “that meet”

733.103 (a) (1)

 273.3(a) (1)

 Remove “that are”

733.103(b) (1)

 273.3(b) (1)

 Add missing period

733.103(b) (2)

 273.3(b)

(2)

 Combine into single statement

733.103(b) (4)

 273.3(b) (4)

 Add waste prequalification for

hazardous waste status; remove

redundant “if”

733.103(d) (1)

 273.3(d) (1)

 Remove “the person conducting

the recall” from preamble and

put into subsections

733.103(d) (1)—

(A)

(d)

(2)

273.3(d) (1) (i)

 (d) (2)

Move parentheticals for

readability

733.104(b) (2)

 273.4(b) (2)

 Add waste prequalification for

hazardous waste status

733.105(b)

 273.5(b)

 Replace personal “who” with

“that”; use “shall”

733.106 “large

quantity han-

dler

.“,

273.6 “large

quantity han-

dler

.“,

Replace personal pronouns with

impersonal expressions

28

“on—site”,

“small quantity

handler

.“

& “universal

waste handler”

“on—site”,

“small quantity

handler

.“

& “universal

waste handler”

733.106 “des-

tination facil-

ity”

273.6 “destina-

tion facility”

Remove comma separating subject

and verb

733.106

 “on—

site”

273.6 “on—site”

 Add comma to beginning of

parenthetical

733.106

“pesti-

cide”

273.6 “pesti-

cide”

Remove comma from two—element

series; add “fulfills one of

the

.“

 to preamble; add

“it”

 to subsections; correct

citations to FFDCA; expand

citations to FDA

 & FFDCA; add

clarifying Board Note to cite

probable source of federal

exclusion;

 remove comma

733.106 “ther-

mostat”

273.6 “thermo-

stat”

Add “such a”; use singular

733.106 “uni-

versal waste”

273.6 “univer-

sal waste”

Use lower case; add commas for

parentheticals

733.106 “uni-

versal waste

handler”

273.6 “univer-

sal waste

handler”

Add “either of the following”

to preamble; add definite

article; use impersonal “that”;

delete extra “or”; add defined

term to preamble to exclusions;

 restructure subsections

Move “prohibited from

.“

into preamble,

 remove comma

from two-element series

Add “its” to clarify breadth of

obligation

733.113(a)

&

(a) (1)

273.13(a)

&

(a) (1)

Use “shall”

733.113 (a) (2)

733.113 (a) (3)

273.13 (a) (2)

273.13 (a) (3)

Add comma to parenthetical

Use impersonal

 “that”;

use

“shall”

733.111

 273.11

733.112

 273.12

29

733.113(a) (3)

(a) (3) (A)

273.13 (a) (3)

(a)

 (3) (1)

Use “or” in place of “and/or”

733.113(a) (3)—

(B)

273.13 (a) (3)—

(ii)

Add “nonhazardous” parentheti-

cal;

 acid Board Note referencing

sources of nonhazardous waste

regulations

733.113(b)

 273.13(b)

 Correct verb to singular

733.113(c)

&

(c) (1)

273.13(c) (1)

 Use “shall”

733.113(c) (2)

 273.13(c) (2)

 Add “follows each

.“

to

preamble,

 “it” to subsections

733,113(c)

(3)

 273.13(c)

(3)

 Add subsection heading; use

impersonal “that”; use “shall”;

add “or”

~ti

 end of subsection;

use “or”

 in place of “and/or”;

add “nonhazardous” parentheti-

cal; add Board Note referencing

sources of nonhazardous waste

regulations

733.114(b)

 273.14(b)

Use “and” in place of slash in

heading.; use “shall”,

 use “as

follows” in preamble

correct use of commas;

add

missing quotation mark;

 correct

placement of quotation marks

Add comma in series; add

comma

to parenthetical; add “as

follows”; correct placement of

quotation mark

733.114

(C)

 273.14(c)

 Add comma in series; add commas

to parenthetical; add “as

follows”; add subsection

heading; use “USDOT”; add “or”;

correct placement of quotation

mark

733.114(d)

 273.14 (d)

 Correct use of commas; add

missing quotation mark;

 correct

placement of quotation marks

733.114

 273.14

733.114(a)

 273.14(a)

30

733.115 (a)

 273.15 (a)

 Delete comma from two—element

series

733.115 (b)

273

15 (b)

 Delete commas from non—paren-

thetical language; add “are”

733.115(c)

 273.15(c)

 Use impersonal “that”; use

“shall”; add “in any of the

following

.“;

 move “on-

site”; use “that”; use past-

tense t~became?~and “was”

733.116

 273.16

733.117

 273.17

733.118 (a)

—

(e)

 273.18 (a)

—

Ce)

Use “shall”

Use “shall”; use singular, gen-

eric “waste”

Use “shall”; add comma to

series; delete comma from two-

element series; use “USDOT”

733.118 (f)

 273.18 (f)

 Delete comma from two—element

series; use impersonal “it”;

“originating handler”; add

“shall perform either

.“

733. 118(g)

 273.18(g)

 Use “shall”; give Agency as

contact

733.118 (h)

 273.18 (h)

 Add comma in series; add

“nonhazardous” parenthetical;

add Board Note referencing

sources of nonhazardous waste

regulations

Use impersonal

 “that”;

use

“shall”; use semicolons in

series; use “USEPA”;

 add comma

for parenthetical

Move “prohibited from”

preamble; add commas for

parentheticals

733. 132 (a)

 273.32(a)

 Add subsection heading; use

“shall”; add reference to

“Region V”; add references to

notification of Agency; use

733.120

 273.20

733.131

 273.31

31

“USEPA”; use impersonal “that”

and “its”; add commas in

parentheticals

733.132(g)

 273.32(g)

 Add explanatory Board Note

733.133(a)

&

(b)

273.33

(a)

(b)

 Use “shall”;

 add commas in

parentheticals;

 remove comma

from two—element series; use

“or” in place of “and/or”; add

“nonhazardous” parenthetical;

add Board Note referencing

sources of nonhazardous waste

regulations

733.133(c)

 273.33(c)

 Use “shall”; add “follows each

.“;

 add “it” to subsec-

tions; add subsection heading;

use impersonal

 “that”; add

“or”; use

 “or” in place of

“and/or”; add “nonhazardous”

parenthetical; add Board Note

referencing sources of nonhaz-

ardous waste regulations

Use “and”

 in place of virgule;

use “shall”; use “as follows”;

correct placement of quotation

marks; use commas in parenthet—

icals; add subsection heading;

use “USDOT”; add “or”;

 remove

commas from non—parenthetical

language

Remove commas from non-paren-

thetical language; use “shall”;

add “in any of the following

ways”; move “on—site”;

use

“that”;

 sue past—tense

 “became”

and “was”

Use

 “shall”

Use “shall”; use singular

“waste”

Use “shall”; use “USDOT”; use

impersonal “it”

 & “the origi-

nating handler”; add “perform

733.134

 273.34

733.135

 273.35

733.136

 273.36

733.137

 273.37

733.138

 273.38

32

either of

.“;

 give Agency

as contact; add “nonhazardous”

parenthetical; add Board Note

referencing sources of nonhaz-

ardous waste regulations

733.139

 273.39

 Use “shall”

733.140

 273.40

 Use impersonal “that”; use

“shall; add semicolons in

series; use “USEPA”

733.151

 273.51

 Move “prohibited from

.“

to

preamble

733.152

 273.52

 Use “USDOT”; add incorporation

cross—references; remove

reference to USEPA

733.153

 273.53

 Use “shall”

733.154

 273.54

 Use “shall”; use singular

“waste”

733.155

 273.55

 Use “USDOT”; add incorporation

cross—reference

733.156

 273.56

 Use “USEPA”; use “shall”; add

“the following”

733.160

 273.60

 Replace colon with period; use

“shall”

733.161

 273.61

 Add comma

 “a”

 in series,

use

impersonal “it”

 & “the

shipper”; use “shall”; give

Agency as contact; add

“nonhazardous” parenthetical;

add Board Note referencing

sources

nonhazardous

waste

regulations

733.162

 273.62

 Use “shall”

733.170

 273.70

 Use “as follows”

733.180

 273.80

 Use “as follows”; restructure

to indicate both identical-in-

substance and general rulemak-

ing routes;

 give the Board as

33

the source of relief; add Board

Note;

 subdivide subsection

 (c);

use “the requested relief”

Delete self—reference to Part

from Section heading; add

subsection headings; use “or”

in place of

 “and/or”; use

~“USDOT”

Deletion of Obsolete, Redundant, and Outdated Rules--Sections

702.110, 703.150 through 703.152, 726.203 & 726.204

USEPA engaged in

 a series of actions on June 29,

1995

prompted by a Presidential directive.

 On March

4,

 1995,

the

President ordered all executive agencies to review their

regulations and identify those that are obsolete or unduly

burdensome.

 USEPA adopted amendments to its RCBA Subtitle C and

Subtitle D programs on June 29,

 1995,

at

 60 Fed. Reg.

 33912,

 that

delete obsolete,

 redundant,

 and outdated segments of those rules.

A handful of amendments were prompted to the Illinois rules by

those federal amendments.

 As an expedient way of outlining the

rederal amendments and the corresponding Board actions,

 the Board

sets forth the following table indicating the federal deletions

and corresponding Board actions:

Obsolete,

 Redundant,

 and Out-Dated Provisions Deleted

40 CFR

Provision

35 Ill.

 Adxn.

Code Provision

 Federal Action; Board Comments

261.31 (a)

footnote 1

721.131 (a)

 Removal

 of note

 re the

administrative stay of F032,

F034,

 and F035 listings;

deleted by Board on October 21,

1993 in R93—4

266.103(c) (5)

 726.203(c) (5)

 Deletion of language relating

to election to comply with

alternative HC provision of

266.104(f);

 amendment made

266.104(f)

 726.204 (f)

 Deletion of alternative HC

limit;

amendment made

(727)

 Deletion of interim standards

for new hazardous waste

733.181

 273.81

267

34

disposal facilities that

expired on February 13,

 1983;

no amendment necessary because

the Board never adopted the

standards

270.2 “Phase

I”,

 “Phase II”

& “interim

authorization”

702. 110

 “Phase I” and “Phase II”

definitions deleted,

 statutory

reference updated; amendments

made

270.10(e) (4)

 703.150(d)

 References

 to “Phase II”

deleted; although the Board did

not incorporate the references,

so none directly required, but

amendment made to remove

language relating to federal

authorization of Illinois

(Phase

 II) program rules and

Board Note updated to indicate

federal amendment

270.10(f) (2)

 703.151(b)

 References

 to “Phase II”

deleted;

 the Board did not

incorporate the references,

so

none directly required, but

Board Note updated to indicate

federal amendment

270.10(g) (1)

 703.152 (a)

 References

 to “Phase II”

deleted; the Board did not

incorporate the references,

so

none directly required, but

Board Note updated to indicate

federal amendment

HISTORY OF

 RCRA

 SUBTITLE C and UIC ADOPTION

The Illinois UIC (Underground Injection Control)

 and RCRPL

(Resource Conservation and Recovery Act)

 Subtitle C regulations,

together with more stringent state regulations particularly

applicable to hazardous waste,

 include the following Parts of

Title 35 of the Illinois Administrative Code:

700

 Outline of Waste Disposal Regulations

702

 RCBA Subtitle C and UIC Permit Programs

703

 RCRA Subtitle C Permit Program

35

704

 UIC Permit Program

705

 Procedures for Permit Issuance

709

 Wastestream Authorizations

720

 General

721

 Identification and Listing

722

 Generator Standards

723

 Transportet Standards

724

 Final TSD Standards

725

 Interim Status TSD Standards

726

 Specific Wastes and Management Facilities

728

 USEPA Land Disposal Restrictions

729

 Landfills:

 Prohibited Wastes

730

 UIC Operating Requirements

731

 Underground Storage Tanks

732

 Petroleum Underground Storage Tanks’

738

 Hazardous Waste Injection Restrictions

739

 Standards for the Management of Used Oil

Special provisions for RCBA Subtitle C cases are included in

Parts 102,

 103,

 104 and 106 of the Board’s procedural rules.

History of

 RCRA

 Subtitle C and State Hazardous Waste Rules

Adoption

The Board has adopted and amended the Resource Conservation

and Recovery Act

 (RCRA) Subtitle C hazardous waste rules in

several dockets.

 Dockets R81-22 and R82-18 dockets dealt with

the Phase

I

 RCRPS. Subtitle C regulations.

 USEPA granted Illinois

Phase I authorization on May 17,

 1982,

at

 47 Fed.

 Reg.

 21043.

The Board adopted RCRA Subtitle C Phase

 II regulations in Parts

703 and 724 in dockets R82-19 and R83—24.

 USEPA granted final

authorization of the IllinoIs RCRA subtitle C “base program” on

January 31,

 1986,

 at 51 Fed.

 Reg.

3778

 (January 30,

 1986).

 USEPA

granted authorization to “Cluster I revisions”

 to the Illinois

program and granted partial Hazardous and Solid Waste Amendments

(HSWA)

 (Pub.

L.

 98—616;

 Nov.

8,

 1984)

 authorization effective

March

5,

 1988,

 at 53 Fed. Reg. 126 (January 5,

 1988).

 USEPA

authorized certain subsequent amendments and granted further

 partial HSWA authorizations effective April

30,

 1990,

 at 55 Fed.

Reg.

7320

 (March

1,

 1990), and June

3,

 1991,

 at 56 Fed. Reg.

13595

 (April 3,

 1991); and August 14,

 1994,

 at 59 Fed.

 Req.

30525

(June 14,

 1994).

 USEPA codified its approvals of the Illinois

program at 40 CFR 272.700 and 272.701 on November 13,

 1989,

 at 54

Fed. Reg.

37649

 (Sep.

12,

 1989), and on March 31,

 1992,

at

57

Fed.

 Reg.

3731

 (Jan.

31,

 1992)

 The entire listing of all RCRPS

Subtitle C identical in substance rulemakings follows

 (with the

36

period of corresponding federal revisions indicated in

parentheses):

R81-’22

 45 PCB 317, September

16,

1981

 & February

4,

 1982;

6 Ill. Req.

 4828, April

23,

 1982,

 effective May

17,

 1982.

 (5/19/80 through 10/1/81)

R82—18

 51 PCB 31,

 January 13,

 1983;

 7 Ill. Reg.

 2518,

March

4,

 1983,

 effective May 17,

 1982.

 (11/11/81

through 6/24/82)

R82—194

 53 PCB 131,

 July 26,

 1983,

 7 Ill. Reg.

 13999,

October 28,

 1983,

 effective October

2,

 1983.

(11/23/81 through

 10/29/82)

R83—244

 55 PCB 31,

 December 15,

 1983,

 8 Ill.

 Req.

 200,

January

6,

 1984,

 effective December 27,

 1983.

(Corrections

 to R82-19)

R84—9

 64 PCB 427 & 521,

 June

13

&

27,

 1985;

 9 Ill.

 Reg.

11964, August

2,

 1985,

 effective July

8

&

24,

1985.

 (1/19/83 through 4/24/84)

P.85—22

 67 PCB 175,

 479, December 20,

 1985 and January 9,

1986;

 10 Ill.

 Reg.

 968, January

17,

 1986,

effective January

2,

 1986.

 (4/25/84 through

6/30/85)

R86—1

 71 PCB 110,

 July 11,

 1986;

 10 Ill. Req.

 13998,

August 22,

 1986,

 effective August

12,

 1986.

(7/1/85 through 1/31/86)

R86—19

73

PCB

467,

October

23,

1986;

Ill.

Reg.

20630,

December 12,

 1986,

 effective December

2,

 1986.

(2/1/86 through 3/31/86)

R86-28

 75 PCB 306,

 February 5,

 1987;

 and 76 PCB 195,

March

5,

 1987;

 11 Ill. Reg.

 6017,

 April

3,

 1987,

effective March 23,

 1997.

 Correction

 77 PCB

235, April

16,

 1987;

11

 Ill.

 Req.

 8684, May

1,

1987, effective April 21,

 1987.

 (4/1/86 through

6130/96)

On

 September

6,

 1984,

 the Third District Appellate Court

upheld the Board’s actions in adopting R82-19 and R83-24.

(Commonwealth Edison Co.

v.

 PCB,

 127 Ill. App.

 3d 446;

 468 N.E.2d

1339

 (3d Dist.

 1984).)

37

R86—46

 79 PCB 676,

 July 16,

 1987;

 11 Ill.

 Req.

 13435,

August 14,

 1987,

 effective August

4,

 1987.

(7/1/86 through 9/30/86)

P.87—5

 82 PCB 391, October

15,

 1987;

1.

 Ill. Req.

 19280,

November 30,

 1987,

 effective November 10

&

12,

1987.

 (10/1/86 through 12/31/86)

R87—26

 84 PCB 491, December 3,

 1987;

12

 Ill. Req.

 2450,

January 29,

 1988,

 effective January 15,

 1988.

(1/1/87 through 6/30/87)

R87—32

 Correction

 to R86—l;

 81 PCB 163,

 September 4,

1987;

1.

 Iii. Req.

 16698,

 October

16,

 1987,

effective September 30,1987.

R87—39

 90 PCB 267,

 June 16,

 1988;

 12 Iii.

 Req.

 12999,

August

12,

 1988, effective July 29,

 1988.

 (7/1/87

through 12/31/87)

R88—16

 93 PCB 513, November 17,

 1988;

13

 Ill. Req.

 447,

January 13,

 1989,

 effective December 28,

 1988.

(1/1/88 throuqh 7/31/88)

R89—1

 103 PCB 179,

 September

13,

 1989;

13

 Ill.

 Req.

18278, November 27,

 1989, effective November 13,

1989.

 (8/1/88 through 12/31/88)

R89—9

 109 PCB 343, March

8,

 1990;

 14 Ill.

 Req.

 6225,

April 27,

 1990,

 effective April

16,

 1990.

 (1/1/89

through 6/30/89)

R90—2

 113 PCB 131,

 July

3,

 1990;

 14 Ill.

 Req.

 14401,

September 7,

 1990,

 effective August 22,

 1990.

(7/1/89 throuqh 12/31/89)

R90—ll

 121 PCB 97, April

11,

 1991; corrected at 122 PCB

305, May 23,

 1991; corrected at 125 PCB 117,

August

8,

 1991; uncorrected at 125 PCB 435, Auqust

22,

 1991; 15

 Ill.

 Req.

 9323,

 effective June

17,

1991.

 (Third Third Land Disposal Restrictions)

(4/1/90 through 6/30/90)

R90—17

 Delistinq Procedures

 (See below)

R91—1

 125 PCB 119, August

8,

 1991;

 15 Ill.

 Req.

 14446,

effective September 30,

 1991.

 (Wood Preservinq

Rules)

 (7/1/90 throuqh 12/30/90)

38

R91—13

 132 PCB 263, April

9,

 1992;

 16 Ill.

 Req.

 9489,

effective June

9,

 1992.

 (Boilers and Industrial

Furnaces

 (BIF5) Rules)

 (1/1/91 through 6/30/91)

R91—26

 129 PC3

 235, January

9,

 1992;

 16 Ill. Req. 2600,

effective February 3,

 1992.

 (Wood Preserving

Rules Compliance Dates)

R92—1

 136 PCB 121,

 September

17,

 1992;

 16 Ill. Req.

17636, effective November

6,

 1992.

 (7/1/91

throuqh 12/31/91)

R92—10

 138 PCB 549, January 21,

 1993;

17

 111. Req.

 5625,

effective March

26,

 1993.

 (Leak Detection Systems

(LDS)

 Rules)

 (1/1/92 through 6/30/92)

R93-.4

——

PCB

——,

 September 23,

 1993;

17

 Ill. Req. 20545,

effective November 22,

 1993.

 (Used Oil Rules)

(7/1/92 through 12/31/92)

R93—16

PCB

--,

 March 17,

 1994, Supplemental opinion

and order on April

21,

 1994.

 (1/1/93 through

6/30/93)

R94—7

——

PCB

——,

 June 23,

 1994;

 18 Ill. Req.

 12160,

effective July 29,

 1994.

 (7/1/93 through

12/31/93)

R94—17

——

PCB

——,

 October 20,

 1994;

 18 Ill.

 Req.

 17480,

effective November 23,

 1994.

 (1/1/94 through

6/30/94)

R95—6

——

PCB

——,

 June

1

15,

 1995;

 19 Ill.

 Reg.

 9501,

effective June 27,

 1995.

 (Consolidated with R95—

4, UIC Update.)

 (7/1/94 through 12/31/94)

R95—20

 Present docket.

 (1/1/95 through 6/30/95)

R96—10

 Next docket.

 (7/1/95 through 12/31/95)

The Board added to the federal listings of hazardous waste

by listing dioxins pursuant to Section 22.4(d) of the Act;

R84—34

 61 PCB 247, November 21,

 1984;

 8 Ill.

 Req.

 24562,

December 21,

 1984,

 effective December 11,

 1984.

This was repealed by R85-22, which included adoption of

USEPA’s dioxin listings.

 Section 22.4(d)

 was repealed by P.A.

85—1048,

 effective January

1,

 1989.

39

The Board has adopted USEPA delistings at the request of

Amoco, Envirite,

 USX,

 and CSI

 (the date of the corresponding

federal action is included in parentheses):

R85—2

 69 PCB 314, April 24,

 1986;

 10 Iii. Req.

 8112, May

16,

 1986,

 effective May 2,

 1986.

 (Amoco Corp.)

R87—30

 90 PCB 665,

 June 30,

 1988;

12

 Ill. Req.

 12070,

July 22,

 1988,

 effective July

12,

 1988.

 (Envirite

Corp.)

P.91—12

 128 PCB 369, December 19,

 1991;

 16 Iii. Req. 2155,

effective January 27,

 1992.

 (USX Corp.)

R95-20

 This docket.

 (CSI)

Subsequently, upon the April 30,

 1990 federal authorization

of Illinois granting waste delistinqs, USEPA transferred pending

delisting petitions to the Board.

 The Board docketed these as

site-specific rulemaking proceedings

 (the name of the petitioner

waste generator appears in parentheses):

R90-18

 Dismissed at 123 PCB 65, June

6,

 1991.

 (USX

Corp.,

 South Works)

R90—19

 Dismissed at 116 PCB 199, November

8,

 1990.

(Woodward Governor Co.)

R90—23

 Dismissed at 124 PCB 149,

 July 11,

 1991.

(Keystone Steel

 & Wire Co.)

The Board has modified the delisting procedures

 to allow the

use of adjusted standards

 in lieu of site-specific rulemakings:

R90—17

 119 PCB 181, February 28,

 1991;

 15 Ill. Req. 7934,

effective May 9,

 1991.

Waste generators have filed Part 106 adjusted standard

petitions for solid waste determinations with the Board pursuant

to Section 720.130

 (generator name in parentheses):

AS89—4

 Dismissed at 105 PCB 269, November 15,

 1989.

(Safety-Kleen Corp.)

AS89—5

 Dismissed at 113 PCB 111, July 3,

 1990.

 (Safety—

Kleen Corp.)

40

AS9O—7

 Dismissed at 124 PCB 125,

 July 11,

 1991.

 (Quantum

Chemical Co.)

Waste generators have filed Part 106 adjusted standard

petitions for hazardous waste delistinqs with the Board pursuant

to Section 720.122

 (generator name in parentheses):

AS91—1

 Granted at 130 PCB 113, February

6,

 1992, and

modified at 133 PCB 189, April 23, 1992.

(Keystone Steel

&

Wire Co.)

AS91-3

 Granted at 139 PCB 121,

 February 4,

 1993;

 opinion

issued at 140 PCB

-—,

 March 11,

 1993.

 (Peoria

Disposal

 Co..)

AS93-7

 Granted at

PCB

--,

 February 17,

 1994.

(Keystone Steel

&

Wire Co.)

AS94—10

 Granted at

——

PCB

——,

 December 14,

 1994.

(Envirite Corporation.)

The Board has procedures

 to be followed in cases before it

involving the

RCRA

Subtitle C regulations:

R84—10

 62 PCB 87,

 349,

 December 20, 1984 and January 10,

1985;

 9 Ill.

 Req.

 1383,

 effective January 16,

1985.

The Board also adopted special procedures to be followed in

certain determinations under Part 106.

 The Board adopted these

Part 106 special procedures

 in R85-22 and amended them in

 P.86-46,

listed above.

One Part 106 adjusted standard proceeding filed pursuant to

728.106 sought relief from a prohibition against land disposal

(petitioner’s name in parentheses)

AS9O—6

 Dismissed at 136 PCB 93,

 September

17,

 1992.

(Marathon Petroleum Co.)

Other adjusted standard proceedings sought relief from

aspects of the land disposal unit closure and post—closure care

requirements

 (petitioners’ names in parentheses)

AS9O—8

 130 PCB 349, February 27,

 1992.

 (Olin Corp.)

AS91—4

 131 PCB 43, March

11,

 1992.

 (Amoco Oil Co.)

41

One adjusted standard proceeding sought relief from a RCRA.

Subtitle C land disposal restriction (petitioner’s name in

parentheses):

AS90—6

 136 PCB

 6, September 17,

 1992.

 (Marathon

Petroleum Co.)

Still another adjusted standard proceeding relates to

substantive treatment,

 storage, and disposal facility

requirements of the RCRA Subtitle C regulations (petitioner’s

name and requirements involved in parentheses):

AS91-10

 Dismissed at

PCB

—-,

 May 19,

 1994.

 (Cabot

Corp.; secondary containment for tanks)

In another regulatory proceeding, the Board has considered

granting temporary relief from the termination of an exclusion of

a hazardous waste listing in the form of an emergency rule (Peti-

tioner’s name in parentheses):

R91—l1

 Dismissed at 125 PCB 295, August

8,

 1991.

 (Big

River Zinc Corp.)

The Board has also adopted requirements limiting and

restricting the landfilling of liquid hazardous wastes, hazardous

wastes containing halogenated compounds, and hazardous wastes

generaliy:

R81—25

 60 PCB 381, October 25,

 1984;

 8 Iii. Req.

 24124,

December 14,

 1984,

 effective December 4,

 1984.

R83—28

 68 PCB 295,

 February 26,

 1986;

 10 Iii.

 Reg.

 4875,

March 21,

 1966,

 effective March

7,

 1986.

R86-9

 Emergency regulations adopted at 73 PCB 427,

October 23,

 1986;

 10 Ill. Req.

 19787, November 21,

1986, effective November 5,

 1986.

The Board’s action in adopting emergency regulations in R86-

9 was reversed by the First District Court of Appeals.

 (Citizens

for a Better Environment v.

 PCB,

 152 Ill. App. 3d 105,

 504 N.E.2d

166

 (1st Dist.

 1987).)

History of UIC Rules Adoption

The Board has adopted and amended Underground Injection

Control

 (UIC) regulations in several dockets to correspond with

the federal regulations.

 One such docket,

 R82—18, was a RCRA.

Subtitle C docket.

 USEPA authorized the Illinois UIC program on

42

March

3,

 1984,

 at 49 Fed.

 Req.

3991

 (Feb.

1,

 1984); codified that

approval as 40 CFR 147,

 Subpart

0,

 at 49 Fed. Req.

20197

 (May

11,

1984); and amended the authorization at 53 Fed.

 Req.

43087

 (Oct.

25,

 1988).

 The entire listinq of all UIC rulemakings follows

(with the period of corresponding federal revisions indicated in

parentheses):

R81—32

 47 PCB 93, May 13,

 1982;

 6 Ill. Reg.

 12479,

October

15,

 1982,

 effective February

1,

 1984.

(7/7/81 through 11/23/81)

R82—18

 51 PCB 31,

 January 13,

 1983;

 7 Ill.

 Req.

 2518,

March

4,

 1983,

 effective May 17,

 1982.

 (11/11/81

through 6/24/82)

R83—39

 55 PCB 319, December 15,

 1983;

 7 Ill. Req.

 17338,

December 20,

 1983,

 effective December 19,

 1983.

(4/1/83)

R85—23

 70 PCB 311 &

 71 PCB 108,

 June

20

 July 11,

 1986;

10 Ill. Req.

 13274, August

8,

 1986, effective July

28

 & 29,

 1986.

 (5/11/84 through 11/15/84)

P.86—27

 Dismissed at 77 PCB 234, April 16,

 1987.

(No

USEPA amendments through 12/31/86).

R87—29

 85 PCB 307, January 21,

 1988;

 12 Ill. Req.

 6673,

April

8,

 1988,

 effective March 28,

 1988.

 (1/1/87

through 6/30/87)

R88—2

 90 PCB 679, June 30,

 1988;

 12 Ill. Req.

 13700,

August 26,

 1988,

 effective August

16,

 1988.

(7/1/87 through 12/31/87)

R88—17

 94 PCB 227, December 15,

 1988;

 13 Ill.

 Req.

 478,

January 13,

 1989, effective December 30,

 1988.

(1/1/88 through 6/30/88)

R99—2

 107 PCB 369,

 January 25,

 1990;

14

 Ill. Req.

 3059,

March

2,

 1990,

 effective February 20,

 1990.

(7/1/88 through 12/31/88)

R89—11

 111 PCB 489, May 24,

 1990;

14

 Ill.

 Req.

 11948,

July 20,

 1990,

 effective July

9,

 1990.

 (1/1/89

through 11/30/89)

R90—5

 Dismissed at 109 PCB 627, March 22,

 1990.

(No

USEPA amendments 12/1/89 through 12/31/89)

43

P.90—14

 122 PCB 335, May 23,

 1991;

 15 Ill. Req.

 11425,

effective July 24,

 1991.

 (1/1/90 through 6/30/90)

R91—4

 Dismissed at 119 PCB 219, February 28,

 1991.

(No

USEPA amendments 9/1/90 through 12/31/90)

R91—16

 Dismissed at 128 PCB 229, December 6,

 1991.

(No

USEPA amendments 1/1/90 through 6/30/91)

P.92—4

 Dismissed at 133 PCB 107, April

9,

 1992.

(No

USEPA amendments 7/1/91 through 12/31/91)

R92—13

 139 PCB 361, February 4,

 1993;

17

 Ill. Req.

 6190,

effective April

5,

 1993.

 (1/1/92 through 6/30/92)

R93—6

——

PCB

——,

 August

5,

 1993;

 17 Ill.

 Reg.

 15641,

effective September

14,

 1993.

 (7/1/92

 through

12/31/92)

R93—17

 Dismissed at

——

PCB

——,

 September

23,

 1993.

(No

USEPA amendments 1/1/93 through 6/30/93)

R94—5

——

PCB

——,

 November 3,

 1994;

 18 Ill. Reg.

 18244,

effective December 20,

 1994.

 (7/1/93 through

12/31/93)

R94—24

——

PCB

--,

 October

6,

 1994.

 (USEPA amendments

7/1/93 through 12/31/94 included in RCRA Subtitle

C docket R94-17)

R95—4

——

PCB

——,

 June

1

&

15,

 1995;

 19 Ill.

 Req.

 9501,

effective June 27,

 1995.

 (Consolidated with R95—

6,

RCRA Subtitle C Update.)

 (7/1/94 through

12/31/94)

P.95-18

 Dismissed

—-

PCB

-—,

 October

5,

 1995.

 (No USEPA

amendments 1/1/95 through 6/30/95)

P.96—S

docket.

(7/1/95

through

12/31/95)

In one proceeding filed,

 the Board granted an adjusted

standard from a UIC land disposal restriction, pursuant to the

procedures outlined above with respect to the

RCRA

Subtitle C

program

 (petitioner name in parentheses):

A592—8

 Granted at

——

PCB

—-,

 February 17,

 1994.

 (Cabot

Corp.; no miqration exception)

44

AGENCY OR BOARD ACTION?

Section 7.2(a) (5)

 of the Act requires the Board to specify

 which decisions USEPA will retain.

 In addition, the Board is to

specify which State aqency is to make decisions, based on the

general division of functions within the Act and other Illinois

statutes.

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 a few instances in identical in substance rules,

decisions are not appropriate for Agency action pursuant to

a

permit application.

 Among the considerations in determining the

general division of authority between the Agency and the Board

are:

1.

 Is the person making the decision applying a Board

regulation,

 or takinq action contrary to

 (“waiving”)

 a Board

regulation?

 It generally takes some form of Board action to

“waive” a Board regulation.

2.

 Is there

 a clear standard for action such that the

Board can give meaningful review to an Agency decision?

3.

 Does the action result in exemption from the

 permit

requirement itself?

 If so, Board action is generally

required.

4.

 Does the decision amount 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 decision:

 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 rulemakinq).

 Note

that there often are differences in the nomenclature for these

decisions between the USEPA and Board regulations.

EDITORIAL CONVENTIONS

As a final note,

 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”

 “shall”

45

is used when the subject of a sentence has to do something.

“Must”

 is used when someone has to do something, but that someone

is not the subject of the sentence.

 “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”.

I,

 Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, certi~ythat the above opinion was adopted on the

/‘~‘

day of

g~a4t-c-~-s’-c~’

 1996, by a vote of

7~d

Dorothy

 Gunn, Clerk

Illinois Pollution Control Board