FIRST DRAFT (5/6/98 by MJM)

SUMMARY OF TODAY’S ACTION
Discussion of a Particular Housekeeping Amendment
1. Tabulations of Deviations from the Federal text and

ILLINOIS POLLUTION CONTROL BOARD

February 15, 2001

IN THE MATTER OF:

UIC UPDATE, USEPA AMENDMENTS

(July 1, 2000, through December 31, 2000)

(Identical-in-Substance

Rulemaking - Land)

_______________________________________

RCRA SUBTITLE C UPDATE, USEPA

AMENDMENTS (July 1, 2000, through

(Identical-in-Substance

December 31, 2000)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

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 proposes 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 proposes 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

. (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.

As explained below, for reasons of adminstrative economy, the Board is consolidating

dockets R01-21 and R01-23. The caption in today’s order reflects this consolidation.

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

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.

This opinion supports an order that the Board also adopts today. The Board will cause

the proposed amendments to be published in the

Illinois Register

and will hold the docket open

to receive public comments for 45 days after the date of publication.

CONSOLIDATION OF DOCKETS RO1-21 AND R01-23

The Board hereby consolidates its consideration of 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. Consolidation is 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.

Docket R01-23: July 1, 2000, through December 31, 2000, RCRA Subtitle C

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.

No Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest

Presently Identified

The Board engages in ongoing monitoring of federal actions. As of the date of this

opinion and accompanying order, we have not identified any USEPA actions since January 1,

2001, that further amend the RCRA Subtitle C hazardous waste rules in a way of direct interest

at this time. When the Board observes an action outside the nominal timeframe of a docket

that would require expedited consideration in the pending docket, the Board will expedite

consideration of those amendments. Federal actions that could warrant expedited consideration

include those that directly affect the amendments involved in this docket, those for which

compelling reasons would warrant consideration as soon as possible, and those for which the

Board has received a request for expedited consideration. If the Board identifies any federal

actions that fulfill these criteria prior to final action on the present amendments, it may include

those amendments in the present update docket R01-23.

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.

RCRA Subtitle C (Hazardous Waste) Amendment on Which No Board Action Is

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 will receive public comments on this proposal for a period of 45 days

following its publication in the

Illinois Register

. After that time, the Board will immediately

consider adoption of the amendments, making any necessary changes made evident through the

public comments. The Board will delay filing any adopted rules with the Secretary of State for

30 days after adoption, particularly to allow additional time for USEPA to review the adopted

amendments before they are filed and become effective.

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

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

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 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—

, 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 10 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

(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),

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

Federal Register

The Board requests public comment on our incorporation of the July 10, 2000 federal

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

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 requests public comment on our incorporation of the November 8, 2000

federal corrections.

Update to the Clean Water Act Analytical Methods Incorporated by Reference—Section

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

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 requests public comment on our incorporation of the December 22, 2001

federal revisions to Methods 625 and 1625 into the Illinois hazardous waste regulations.

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

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 10 of this

opinion lists and details all the deviations from the text of federal amendments.

The Board requests public comment on our incorporation of the December 26, 2000

federal deferral.

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:

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.

Whether there is a clear standard for action such that the Board can give

meaningful review to an Agency decision.

Whether the action would result in exemption from the permit requirement

itself. If so, Board action is generally required.

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 a Particular Housekeeping Amendment

One specific housekeeping amendment that the Board is proposing in this present

docket warrants specific discussion. It is the removal of the incorporation of section 3004 of

RCRA by reference in Section 720.111(c). 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 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) 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). We request public comment on

this proposed removal of the incorporation by reference.

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. Some of the entries in these tables

are discussed further in appropriate segments of the general discussion beginning at page 5 of

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

721.132 “K174”

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”

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

Added automatic hyphenation to the chemical

names “octachlorodibenzo-p-dioxin” and

“octachlorodibenzofuran”

728.132 heading

Changed the heading to title case

Removed the past effective date statement

“effective December 26, 2000”; changed

“D004-D011” to “USEPA hazardous waste

numbers D004 through D011”

Added “any of the following conditions is

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”

Added “low-halogenated . . . soil:” as a

subsection heading

728.133 heading

Changed the heading to title case

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

Added “any of the following conditions is

Changed “these wastes covered by the

extension” to “those wastes covered by the

Changed “requirements of part 268” to

“requirements of this Part 728”

Changed “K175 wastes” to “USEPA hazardous

waste numbers K175 wastes”; added a comma

before “unless” to offset a parenthetical

Changed “Subtitle C” to “RCRA Subtitle C”

Changed “Subtitle C” to “RCRA Subtitle C”

Corrected “PCBs are not constituent” to

“PCBs are not constituents”; changed “which”

to “that” for a restrictive relative clause

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; 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”

Added automatic hyphenation to the chemical

names “heptachlorodibenzo-p-dioxin”,

“heptachlorodibenzofuran”, “octachloro-

dibenzo-p-dioxin”, and “octachloro-

dibenzofuran”

728.Table U note 8

Changed “D004-D014” to “USEPA hazardous

waste numbers D004 through D011”

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”

Added “under any of the following

circumstances”

Board Housekeeping Amendments

Changed “of in 40 CFR 63” to “in 40 CFR 63”

Changed “shall” to “must” (twice)

703.232(b)(1)(B)

Changed “shall” to “must”

Changed “shall” to “must” (twice)

703.232(b)(3)(A)

Changed “shall” to “must”

703.232(b)(3)(B)

Changed “shall” to “must”

703.232(b)(3)(C)

Changed “shall” to “must”

Changed “shall” to “must” (twice)

Changed “shall” to “must”

Added “the following”

Added “the following”

Added “the following”

Changed “shall” to “must”; changed “finds that” to

“finds as follows”

703.232(d)(2)(A)

Added “that”

703.232(d)(2)(B)

Added “that”

703.232(d)(2)(C)

Added “that”

703.232(d)(2)(D)

Added “that”

Changed “shall” to “must”

703.232(d)(3)(B)

Added “the following”

Changed “shall” to “must”

Changed “shall” to “must”

Changed “shall” to “must”

Added “the following determinations” offset as with a

Changed “shall” to “must” (four times)

703.232 Board note

Updated the citation to the 2000 edition of the

Federal Regulations

Added two spaces between the two sentences

Added two spaces between the two sentences

Added two spaces between the two sentences

Added two spaces between two sentences; changed

“shall” to “must”

Changed “shall” to “must” (twice); changed

“subsection (d)(1), above,” to “subsection (d)(1) of this

Section”; added two spaces between two sentences

703.280(d)(2)(A)

Added two spaces between two sentences (twice)

Added two spaces between two sentences

703.280(e)(2)(A)

Added “the following”

703.280(e)(2)(B)

Added “the following”

703.280(e)(2)(C)

Changed “shall” to “must”; added two spaces between

Changed “shall” to “must” (twice); added two spaces

between two sentences; added “as follows”

703.280(e)(3)(A)

Changed “the” to “that the”

703.280(e)(3)(B)

Changed “the” to “that the”

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”

Changed “shall” to “must” (twice); added two spaces

between two sentences

Added “each of the following is true”

703.280(g)(1)(E)

Added two spaces between two sentences

Added two spaces between two sentences; added “each

of the following is true”

Added two spaces between two sentences; changed

“shall” to “must” (twice)

Changed “shall” to “must”

703.232 Board note

Updated the citation to the 2000 edition of the

Federal Regulations

, replacing the

Federal Register

citation with a later update

Updated the citation to the 2000 edition of the

Federal Regulations

Removed the incorporation of section 3004 of RCRA

721.138(c)(1)(A)(ii)

Changed “shall” to “must”

Changed “shall” to “must”

Changed “shall” to “must”

Changed “shall” to “must” (three times)

721.138(c)(7)(B)(vi)

Changed “which” to “that” for a restrictive relative

721.138(c)(7)(C)

Changed “shall” to “must”

721.138(c)(8)(E)

Changed “shall” to “must”

721.138(c)(8)(H)

Changed “shall” to “must”

721.138(c)(8)(I)

Changed “shall” to “must”

Changed “shall” to “must”

Changed “shall” to “must”

Added a Board note to indicate the source of this

728.Table T Board

Updated the citation to the 2000 edition of the

Federal Regulations

, replacing the

Federal Register

citation with a later update

728.Table U Board

Updated the citation to the 2000 edition of the

Federal Regulations

, replacing the

Federal Register

citation with a later update

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:

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.

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.

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:

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

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.)

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 15th day of February 2001 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board