ILLINOIS POLLUTION CONTROL BOARD
    March 7,
    1996
    IN THE MAUER OF:
    )
    )
    R96-9
    RCRA SUBTITLE
    D UPDATE
    )
    (Identical-in-Substance)
    (July
    1
    through December 31,
    1995)
    )
    (Land
    Rules)
    Proposed
    nile.
    Dismissal order.
    ORDER OF THE BOARD
    (by
    G.T. Girard):
    Pursuant to Section 22.40(a) of the Environmental Protection Act (Act), the Board
    would normally propose amendments to
    the Illinois regulations that are
    “identical in substance”
    with USEPA amendments to the municipal
    solid waste landfill (MSWLF) rules adopted
    pursuant to
    Sections 4004
    and 4010 of Subtitle D of the federal Resource Conservation and
    Recovery Act of 1976,
    as amended
    (RCRA).
    The term “identical in
    substance”
    has been
    defined in Section 7.2 of the Act.
    Accordingly, the Board reserved this docket for USEPA
    amendments during the period
    from July
    1
    through December 31,
    1995.
    During the covered update period, USEPA did not amend its 40
    CFR 258 RCRA
    Subtitle D MSWLF regulations in any way that would require Board action.
    The following
    two actions occurred during the update period:
    1.
    Amendments
    to 40 CFR 258,
    on August 7,
    1995
    (60 Fed.
    Reg.
    39586) corrected cross-
    references
    in the text of the federal financial assurance regulations.
    Specifically,
    provisions in the rules pertaining to trust funds,
    letters of credit, and insurance that
    referred to an assumption of responsibility by the state were changed
    by TJSEPA
    to
    refer
    to the intended provision pertaining to
    multiple mechanisms.
    The Board did not
    incorporate the erroneous references in the first instance.
    2.
    Amendments
    to 40
    CFR 258,
    on
    October 6,
    1995
    (60
    Fed. Reg.
    52337) extended the
    compliance deadline until October 9,
    1997 for two types of small MSWLF
    landfills
    (landfills receiving less than 20 tons of waste per day)
    meeting certain
    conditions.
    The
    landfills,
    some in remote areas (areas cut off from transportation for at least three
    months each year) and others in dry areas
    (areas receiving less than 25 inches ofannual
    precipitation), are types not located in Illinois.
    The Board never incorporated the
    original October 1,
    1993
    (58 Fed. Reg.
    51546) deadline extension for remote and dry-
    area landfills.
    Thus,
    the Illinois regulations include no
    counterparts to the revised federal regulations.
    For the foregoing reason,
    no change is necessary
    at this time, and the Board hereby
    ~smisses
    this proceeding.
    2
    IT IS
    SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control Board,
    do
    hereby certify
    that the
    above order was adopted on
    the
    ~
    day of
    -~-~J,
    1996,
    by
    a vote of
    7-~
    t~
    Dorothy M. G#n,
    Clerk
    Illinois
    Pollutj45’n
    Control Board

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