Updated Waste Exclusions--Section 721.Appendix I, Tables A. B, C

ILLINOIS POLLUTION CONTROL BOARD

March

2,

1995

IN THE MATTER OF:

)

R95—4

UIC UPDATE, USEPA REGULATIONS

)

 (Identical-in-Substance Rules)

(7—1—94 THROUGH

 12—31—94)

IN THE MATTER OF:

)

R95—6

RCRA UPDATE,

 USEPA REGULATIONS

)

 (Identical

 in Substance Rules)

(7—1—94 THROUGH

 12—31—94)

)

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)

 (1992),

the

Board proposes amendments to the RCRA Subtitle C hazardous waste

(RCRA) and underground injection control

 (UIC)

 regulations.

 (See

tiConsolidation of Dockets” below.)

Section

 22.4(a)

 provides for quick adoption of regulations

that are “identical in substance”

 to federal regulations adopted

by U.S. EPA to implement Sections 3001 through 3005 of the

Resource Conservation and Recovery Act of 1976

 (RCRA,. 42 U.S.C.

§S

6921-6925)

 and that Title VII of the Act and Section

 5 of the

Administrative Procedure Act (APA)

5

 ILCS 100/5—35

 & 5—40

(1992)) shall not apply.

 Section 13(c)

 similarly provides with

respect to underground injection control regulations adopted by

U.S.

 EPA 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.

 The federal UIC regulations are found at 40 CFR 144,

 146,

and 148.

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 RULEMAKING

This rulemaking updates the Illinois RCRA Subtitle C and UIC

rules to correspond with federal amendments made

 in the period

from July

 1 through December 31,

 1994.

 The USEPA actions during

this period are as follows:

2

Federal Action

 Summary

59

 Fed.

 Reg.

 38536,

 Exclusion from definition of solid waste

July 28,

1994

 for certain in-process recycled

secondary materials used by the

petroleum refining industry

59

 Fed.

 Reg. 43496,

 Withdrawal of exemption from Subtitle C

August 24,

1994

 regulation of slag residues from high

temperature metal recovery (HTMR)

of

electric arc furnace dust (K061),

 steel

finishing pickle liquor

 (K062), and

electroplating sludges

 (F006)

 that are

used in a manner constituting disposal

59 Fed. Reg.

 47980,

 Restoration of text from 40 CFR 268.7(a)

September 19,

1994

 inadvertently omitted in the amendments

of August 31,

 1993,

 at 58 Fed. Reg.

46040

59

 Fed. Reg.

 47982,

 Phase

 II land disposal restrictions

September 19,

1994

 (LDR5):

 universal treatment standards

for organic toxicity wastes and newly—

listed wastes

 (including underground

injection control

 (UIC)

 amendments)

59 Fed. Reg.

 62896,

 Organic material air emission standards

December

6,

1994

 for tanks,

 surface impoundments, and

containers

In addition to these principal amendments that occurred

during the update period,

 the Board has included an additional,

later action:

60 Fed. Reg.

 242,

 Corrections to the Phase II land

January

3,

1995

 disposal restrictions (universal

treatment standards)

This January 3 action was an amendment of the September 19,

1994

Phase

 II LDR5

 (universal waste rule).

 U.S. EPA corrected errors

and clarified language in the universal treatment standards.

The

Board did not delay in adding these amendments for three reasons:

1)

 The January

3,

 1995 amendments are corrections and

clarifications of the September 19,

 1994 regulations, and

not new substantive amendments;

2)

 Prompt action on the January

3,

 1995 amendments will

facilitate implementation of the Phase II LDRs;

and

3)

 The Board has received a request from the regulated

community that we add the January

3,

 1995 amendments to

3

those of September 19,

 1994.

 (See “Expedited Consideration”

below.)

The Board also notes that the later amendments occurred within

six months of the earliest amendments included in this docket,

even if they occurred outside the nominal time—frame of the

docket.

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 U.S. EPA review.

 The complete text of the proposed

amendments appears in a separate order adopted this day.

EXPEDITED CONSIDERATION

Prior to commencing work on the present amendments, the

Board had already received filings

 in this docket,

 although we

did not docket these

 as public comments.

 The Illinois

Environmental Regulatory Group

 (IERG)

 filed a motion for

expedited adoption of the September 19,

 1994 federal universal

treatment standards amendments on January 9,

 1995.

 That motion

represented that the Illinois Environmental Protection Agency

(Agency)

 agreed.

 The Board granted that motion by an order dated

January 11,

 1995, requested clarification of whether the request

contemplated inclusion of the January

3,

 1995 corrections.

 In a

response filed January 24,

 1995,

 IERG stated that it wanted the

Board to include those amendments.

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.

Assuming all the necessary work to complete this rulemaking.

occurs as rapidly as possible, the Board would anticipate

adopting these amendments at our regularly—scheduled meeting of

 May 18,

 1995,

 filing them with the Secretary of State 30 days

later.

CONSOLIDATION OF DOCKETS

Although the Board generally deals with RCRA Subtitle C and

UIC regulations separately, we have dealt with them together

where the UIC amendments are minor and closely related to the

RCRA Subtitle

ç

regulations and where doing so was expeditious

for the Board and would not mislead the public.

 Generally, we

have done this by dismissing the UIC docket, noting the action

that we undertook in the RCRA Subtitle C docket.

The present UIC amendments are small

 in volume and closely

4

related to the RCRA Subtitle C amendments in this instance.

The

only UIC amendments occurred as part of the federal Phase II LDRs

on September 19,

 1994.

 It is therefore expeditious for us to

deal with the amendments with the RCRA Subtitle C amendments.

However, the Board does not believe that outright dismissal of

the UIC docket is appropriate; the amendments are major in

importance to facilities operating injection wells that inject

hazardous waste.

 For these reasons, the Board has consolidated

the two proceedings,

 in order to avoid any possible confusion and

to particularly draw the attention of the interested public to

the UIC amendments.

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

RCRA 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 U.S. EPA 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 and UIC 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 will continue to change its method of referring to

the United States Environmental Protection Agency in this present

rulemaking that we began in update docket R93-16 and continued in

R94-7 and R94-17.

 We now refer to “U.S. EPA”, which we believe

is

 a more conventional and clearly understood in the context of

 the Illinois regulations than either “USEPA” or “EPA”.

We

further began to refer to the “U.S.

 EPA hazardous waste number”

and “U.S.

 EPA document number” for similar clarity.

 This changed

usage occurs only in the Sections opened in this proceeding, and

we will continue this conversion in future rulemakings as

additional Sections otherwise become open to amendment.

5

The Board also continues its move toward presentation of

equations and expressions in standard scientific notation.

 Thus,

in Section 72l.Appendix H, we have used the appropriate chemical

notation.

 For example, we replaced “H3AsO4” with

 “H3AsO4t’,

as

formerly used for arsenic acid.

 We believe that any person

sophisticated enough to understand the chemical equations will

more readily recognize them in the standard mathematical

notation,

 as they appear in the federal original.

 In that

Section we also corrected the chemical name in the entry for

aldrin by adding a missing parentheses.

 The Board also

substituted “or” for

“/“

 in most instances where this appeared in

the federal base text,

 using “and” where more appropriate.

The Board also used this opportunity to make a number of

corrections to punctuation,

 grammar, and cross—reference format

throughout the opened text.

 Where the cross—references within

 the text to other segments of the Illinois Administrative Code

did not formerly comport with the standard format, the Board made

the necessary changes.

 We also changed “who”

 to “that” 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 both the new amendments and that incorporated in earlier

dockets)

 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

still suffers in conciseness and clarity, but we 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.

Repeal of Part 700

Part 700 was formerly the outline of the solid waste

(Subtitle

G)

 regulations.

 In docket R94-5,

 the Board repealed

all of the Sections in that Part except Section 700.106.

We

noted that the Part was greatly outdated, and because its limited

continued utility did not justify the labor involved with

updating it, we decided a repeal was the appropriate course.

We

did not repeal the entire Part at that time because Section

700.106 set forth the effective dates of a number of provisions

by reference.

 In R94—5,

 the Board amended many of the permitting

and UIC regulations that referenced Section 700.106 for an

effective date (primarily in the Section and Part source notes).

The Board now completes the repeal of Part 700.

 We have

6

opened all Sections that still had references to Section 700.106.

The mere act of any amendment of these Sections removed the

references in the Section source notes.

 The amendments to these

Sections are minor corrections and clarifications.

 Thus,

 we have

amended the following Sections for the primary purpose of

deleting the references to Section 700.106:

 705.128,

 720.121,

722.122,

 723.130, 725.114,

 725.117, 725.150,

 725.171,

 725.192,

725.194,

 725.271,

 725.272,

 725.274, 725.325,

 725.352,

 725.378,

725.477,

 725.501,

 725.502,

 725.503, 725.504,

 725.505,

 725.506,

730.104,

 730.105,

 730.110,

 730.132, 730.133, and 730.151.

We

have also removed the references to Section 700.106 from the main

source notes of Parts 720,

 721,

 722,

 723, and 725.

 In these

instances,

 the Board has substituted the appropriate dates of the

federal authorizations upon which the effective dates of the

Illinois regulations originally depended.

Thus,

 having eliminated the final utility of Part 700, we

have repealed it in its entirety.

 The Board invites public

comment on the elimination of the references to Section 700.106

and the repeal of Part 700.

Effect of a Permit——Section 702.181

Section 702.181 derives in part from 40 CFR 270.4, which

U.S.

 EPA amended at 59 Fed. Reg.

62952

 (Dec.

6,

 1994), as part of

the tank,

 surface impoundment,

 and container volatile organic

emissions amendments.

 Section 270.4(a) basically recites that

compliance with a RCRA Subtitle C permit constitutes compliance

with RCRA Subtitle C itself,

 except in certain narrow

circumstances when not included in the permit.

 The gist of the

exceptions is that immediate compliance with certain newer

provisions

 is required in the time between when U.S. EPA

promulgates a new regulation and when the permit

 is amended to

reflect the newer requirement.

 The federal amendments added a

new exception circumstances:

 the new Part 265

 (interim status)

 subparts AA

 (process vents), BB

 (equipment leaks),

 and CC

 (tanks,

surface impoundments, and containers)

 air emissions requirements.

Thus,

 holding a permit that does not include these requirements

does not excuse non—compliance with them.

In Illinois, compliance with a permit does not constitute

compliance with the Environmental Protection Act, except as to

the statutory requirement to operate in compliance with a

permit.’

 Thus, the Board’s regulation at Section 702.181(a)

is

very different from 40 CFR 270.4(a).

 The Board never adopted and

In a prior UIC update,

 R81—32

 (May 13,

 1982),

 and a prior

RCRA Subtitle C update, R92-10 (January 21,

 1993), the Board read

Lanfill,

 Inc.

v.

PCB

 (1978),

74

 Ill.

 2d 541,

 387 N.E.2d 258,

as

requiring this conclusion.

7

never could reasonably have adopted the federal exceptions.

At

this time,

 the Board adds a Board Note to this provision

explaining the existence of the federal regulation, and

explicitly stating that in not adopting the federal exceptions,

the Board does not imply the opposite of the federal intent:

that compliance with the conditions of a permit excuses

compliance with the newer requirements.

 The Board invites

 comment on our addition of a Board Note to Section 702.181(a).

Permit Application Requirements—-Sections 703.183,

 703.201,

703.202,

 703.203

 & 703.213

Sections 703.183,

 703.201,

 703.202, 703.203, and new 703.213

derive from 40 CFR 270.14(b),

 270.15, 270.16,

 270.17, and newly—

added 270.27, respectively.

 These provisions all relate to the

submission of RCRA Subtitle C permit applications.

 U.S. EPA

amended these provisions at

59

 Fed. Reg.

62952

 (Dec.

6,

 1994),

as

part of the organic material emissions amendments,

 to require the

submission of certain information in permit applications.

 40 CFR

270.l4(b)(5)

 (corresponding with 35 Ill.

 Aditi.

 Code 703.183(e))

now requires submission of information relating to compliance

with the air leaks inspection requirements.

 40 CFR 270.15(e),

270.16(k),

 and 270.17(j)

 (corresponding with 35

 Ill.

 Adm. Code

703.201(e),

 703.202(k),

 and 703.203(j),

 respectively)

 require

submission of information relating to container, tank system, and

surface impoundment air emissions control equipment.

 New 40 CFR

270.27

 (corresponding with

35

 Ill.

 Adin.

 Code 703.213) requires an

owner or operator of a tank,

 surface

 impoundment, or container

that uses air emissions controls to provide more specific and

detailed information on the controls.

Aside from minor corrective revisions,

 both to the federal

amendments and the pre—existing base text

 (most extensive in

Section 703.213), the Board has adapted the text of the federal

amendments without deviation.

The

 Board invites comment on our

codification of the federal air

 emissions control permit

information requirements.

Incorporations by Reference—-Section 720.111

Section 720.111 derives in large measure from 40 CFR 260.11,

which U.S. EPA amended at 59 Fed.

 Reg.

62926

 (Dec.

6,

 1994), as

part of the tank,

 surface impoundment, and container air

emissions requirements.

 U.S. EPA added an incorporation for

“Evaporative Loss from External Floating-Roof Tanks”, API

Publication 2517, Third Edition,

 and updated the incorporation of

ASTM D 2879-92,

 “Standard Test Method for Vapor Pressure-

Temperature Relationship and Initial Decomposition Temperature of

Liquids by Isoteniscope”, to the 1992 edition.

 U.S. EPA also

amended Method 25E,

 “Determination of Vapor Phase Organic”,

 in 40

CFR 60, appendix A, at 59 Fed.

 Reg.

 62924.

 As a consequence of

these federal actions, the Board has added the new API method and

8

updated the ASTN method in the incorporations by reference.

We

also updated the incorporation of 40 CFR 60 by reference to

reflect the update of Method 25E.

 At new 40 CFR

264.1086(b) (1) (B), U.S. EPA requires that hazardous waste

containers must meet the U.S. Department of Transportation

hazardous materials transportation requirements

 (U.S. DOT

HAZ—MAT

regulations)

of

 49 CFR 178.

 Although U.S. EPA did not (was not

required to)

 incorporate the U.S. DOT HAZ-MAT regulations by

reference,

 the Board added an incorporation at Section

720.111(b)

Aside from minor corrective revisions and placing the API

method “Cathodic Protection of Underground Petroleum Storage

Tanks and Piping Systems”

 in its proper alphabetical order under

API, the Board has adapted the text of the federal amendments

without significant deviation.

 However,

 the Board did not delete

the reference to the 1986 version of the method

 in making the

amendments;

 the older version

 is still cited

 in Sections 724.963

and 725.963.

 The Board also amended the citations to other ASTM

methods by adding the date extension to the method numbers that

appeared in the preexisting text at Sections 724.933(e) (2),

724.963(d) (1)

and

(h)

,

 725.933(e) (2), 725.963(d)

(1)

and

(h)

725.984(c)(3)(B)(iv).

 At new Section 726.200(g)

 (definition of

“SSU”),

 the Board added the letter prefix to the method number,

which did not appear in the original federal text.

 The Board

invites comment on our incorporations by reference.

Solid Waste Determinations--Sections 720.130 through 720.133 and

721.102

Sections 720.130 through 720.133 derive from 40 CFR 260.30

through 260.33, and 35

 Ill.

 Adm. Code 721.102 derives from 40 CFR

261.2, which U.S. EPA amended as part of the Phase

II

LDRs

(universal treatment standards)

 at 59 Fed. Reg. 48041

 (Sept.

19,

1994).

 These provisions all relate to solid waste

determinations,

 a necessary requisite to determining the

applicability of the RCRA Subtitle C regulations.

 The first

segment of the amendments involved replacing references to the

“Regional Administrator” with the “Administrator” at 40 CFR

260.30 through 260.33, wherever this appeared.

 Thus,

 U.S. EPA

centralized the authority for granting the variances from solid

waste determination.

 The Board does not need to respond to these

amendments,

 since they all -pertain to decisionmaking at the

federal level.

 However, at 40 CFR 260.30(b)

 and 260.31(b)

(corresponding with 35 Ill. Adm. Code 720.130(b)

 and 720.131(b)),

U.S. EPA changed “original primary production process” to

 “original production process”, thus allowing the variances for

production processes using secondary materials.

 The amendment of

40 CFR 261.2(e)(1)(iii)

 (corresponding with 35 Ill. Adm.

 Code

721.102(e) (1) (C)) similarly expanded the scope of materials that

are not solid wastes when recycled to include secondary

processes,

 so long as materials management does not allow

9

placement on the land.

The Board amends Sections 720.130(b),

 720.131(b),

and

721.102(e) (1) (C)

 to reflect the changes

 in 40 CFR 260.30(b),

260.31(b),

 and 261.2(e)(1)(iii).

 We have also made a limited

number of corrective and clarifying amendments to the open

provisions.

 We did not find it necessary to open Sections

720.132 or 720.133 for amendments based on the federal changes.

The

 Board invites comment on the

 amendments

 to the solid waste

determination provisions.

Exclusion of In-Process Recycled Secondary Materials from the

Petroleum Refining Industry——Sections 721. 103.

 721.104,

 721.106,

and 726.200

Sections 721.103,

 721.104, and 721.106 derive from 40 CFR

261.3,

 261.4, and 261.6,

 respectively.

 Section 721.103 relates

to the definition of hazardous waste,

 Section 721.104 sets forth

 exclusions from regulation as a hazardous waste,

 and Section

721.106 sets forth requirements for recyclable materials.

Section 726.200 derives from 40 CFR 266.100 sets forth the

applicability of the Part 726 requirements for boilers and

industrial furnace facilities burning hazardous waste for energy

recovery.

 U.S. EPA amended 40 CFR 261.3(c) (2) (ii) (B),

261.4 (a) (12),

 261.6(a) (3) (iv)

,

 and 266.100(b) (3)

 (corresponding

with 35 Ill. Adm. Code 721.103(e), 721.104(a) (12),

721.106(a) (3) (D), and 726.200(b) (3))

 at 59 Fed.

 Reg.

38545

 (July

28,

 1994)

 to exclude certain in—process recycled secondary

materials from the petroleum refining industry from the

definition of solid waste when inserted into the normal

production process (petroleum refining) prior to crude

distillation or catalytic cracking.

 U.S. EPA stated that it

undertook this action in response to judicial determinations,

in

several cases,2 that U.S. EPA had exceeded its statutory

authority by including materials recycled and reused in ongoing

manufacturing processes.

The Board adapts the federal amendments with minimal

deviation.

 First, we have made a limited number of corrective

and clarifying amendments to the amendments and the pre—existing

text of the open provisions.

 Second,

 40 CFR 261.3(c) (2) (ii)

(corresponding with 35 Ill.

 Adm. Code 721.103 (c) (2) (B)) had

become very lengthy.

 U.S. EPA had employed five

 (very necessary)

2

 In support of its action, U.S.

 EPA cited Chemical Waste

Management,

 Inc.

 v. EPA, 976 F.2d 2

 (D.C.

 Cir.

 1992),

 cert.

denied,

——

 U.S.

——,

 113 S.

ct.

1961

 (1993);

 Shell Oil Co.

V.

 EPA,

950 F.2d 741

 (D.C.

 Cjr.

 1991); American Mining Congress v.

 EPA,

907 F.2d 1179

 (D.C. Cir.

 1990); and American Petroleum Institute

v.

 EPA, .906 F.2d 729

 (D.C.

 Cir.

 1990).

10

levels of indents to maintain the utility of this provision--even

though a sixth level would have even further enhanced its

readability.

 Illinois codification requirements only allow four

levels of indents.

 Therefore,

 since this subsection

 is too

cumbersome at this location,

 and since U.S.

 EPA has marked

subsection

 (e) as reserved, the Board moved subsection

 (c) (2)

(as

amended)

 to subsection

 (e).

 We placed Board Notes at subsections

(c) (2) and

 (e) to indicate the change

 in structure.

 We also

revised the cross-references to this subsection, at Sections

 724.1102(a),

 725.1102(a), and 739.110(e) (1) (B)

 to reflect the

changed location of this provision.

 Finally, Section

721.104(b) (11)

 (40 CFR 261.4(b) (11))

 relates to an exclusion from

regulation that expired in

 1993.

 The Board has deleted it and

replaced it with an explanatory statement.

 The Board invites

comment

 on our handling of the federal secondary materials

exclusion in Sections 721.103,

 721.104,

 721.106, and 726.200.

Updated Waste Exclusions--Section 721.Appendix

I,

 Tables

A.

B,

C

Section 72l.Appendix

I,

 Tables

A,

 B, and C derive from 40

CFR 261, Appendix IX, Tables

1,

 2, and

3.

 These set forth the

federally-granted hazardous waste exclusions

 (delistings).

As

is

more fully discussed in the historical outline below,

 until

Illinois gained authorization to grant hazardous waste

delistings,

 U.S. EPA had the exclusive authority to grant this

relief to Illinois facilities.

 When requested by the affected

facility owner or operator that had obtained a federal delisting,

the Board used identical-in—substance procedures to make the

federally-granted delisting effective in Illinois as a matter of

state and federal

 law.3

 Thus,

 the Board established Sections

 721.Appendix

 I to incorporate the federally-granted adjusted

standards.

 In response to petitions from Amoco Corporation

 (R85—

2), Envirite Corporation (R87-30), and USX Corporation

 (R91-12),

the Board added the federally-granted delistings to the tables.4

On April

30,

 1990,

 at 55 Fed. Reg. 7320

 (March

1,

 1990),

~

 Section 3006 of

RCRA

 (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 it necessary

for owners and operators to obtain relief at both the federal and

state levels until Illinois obtained delisting authorization from

U.S.

 EPA.

~

 The Board notes that U.S. EPA granted a delisting to

Monsanto Corporation, but we never received a petition to add

this delisting to Appendix I.

11

U.S.

 EPA. authorized Illinois to grant hazardous waste delistings.

On February 28,

 1991,

 in docket R90-17, the Board adopted

procedures for granting the delistings using the statutorily-

prescribed adjusted standard mechanism.

 Since gaining the

 authority and establishing the procedures,

 the Board has granted

hazardous waste delistings by adjusted standards.

 The Board

added Section 721.Appendix

I,

 Table D to list hazardous waste

delistings granted by adjusted standards.

 That table does not

deriv.e from. federal regulations; rather,

 it is an addition for

the convenience of the regulated community.

Recently,

 in AS 94—10,

 on December

14,

 1994, the Board

granted an adjusted standard to Envirite Corporation.

 By its

terms,

 this hazardous waste delisting expressly superseded the

delistings included

 in Section 728.Appendix

 I for that entity.

In other words,

 under federal authorization, the state—granted

adjusted standard superseded the federal exemption that was first

incorporated into the federal regulations by U.S.

 EPA, then

subsequently incorporated as site-specific relief into the

Illinois regulations using identical-in—substance procedures.

These facts place the Envirite entries

 in Sections

72l.Appendix

 I in an unusual position.

 First,

 they are now a

nullity, with no operative effect.

 As such,

 it is undesirable

that they remain in that Section.

 Second,

 U.S.

 EPA no longer

retains authority to grant hazardous waste delistings in

Illinois.

 Thus,

 the Board does not anticipate that U.S. EPA will

 amend 40 CFR 261, Appendix

 IX, Tables

1,

 2, and

 3 at any time in

the near future with respect to Illinois facilities.

 For these

reasons, the Board has acted unilaterally under Section 22.4(a)

of the Act and deleted the entries for Envirite in Tables A and

B.

 The Board believes that since we adopted the entries pursuant

to Section 22.4(a), we have the inherent authority to delete the

entries pursuant to that provision under the circumstances.

For

these reasons also,

 we added AS 94-10 to Table

 D, which

memorializes the hazardous waste delistings granted by adjusted

standards.

In addition to the amendments prompted by AS 94-10,

the

Board makes a small number of clarifying amendments.

 In all of

Tables A through D, the Board has made minor amendments to add

clarity, including to change the Section heading for Section

721.Appendix I to reflect that the tables pertain to wastes

excluded by administrative action.

 To the headings of Tables A

through

 C, we add that they pertain to wastes excluded by U.S.

EPA,

 and to the heading of Table

 D we add that the exclusion was

granted by the Board.

 Other provisions in the body of Part 721

exclude wastes by rule.

 In the Table B entry for Amoco

Corporation, the Board has added a sentence omitted from the

original federal text identifying the waste as containing K086

waste.

 We further made a clarifying change in the structure of

 another sentence.

 The Board believes that the changes will add

12

clarity to the regulations.

The

 Board invites comment on our

actions with regard to the listings of hazardous wastes excluded

by administrative actions.

Generator Compliance with Air Emissions Requirements——Section

722.134

Section 722.134 derives from 40 CFR 262.34, which U.S. EPA

amended at 59 Fed.

 Reg.

62926

 (Dec.

6,

 1994), as part of the air

emissions regulations for hazardous waste tanks, containers, and

surface impoundments.

 The federal amendments to subsections

(a) (1)

(i)

 (a) (1) (ii),

and

 (d) (2)

 (corresponding with

35

 Ill.

Adm. Code 722.134(a)(1)(A),

 (a)(1)(B),

 and (d)(2))

 require the

generator placing hazardous waste in tanks or containers to

comply with the applicable organic material emissions

requirements applicable to interim status treatment,

 storage,

and

disposal

 (T/S/D)

 facilities.

In addition to the simple amendments based on the federal

revisions,

 the Board has made a small number of corrective and

clarifying amendments to the pre-existing base text of Section

722134.

 Significant among these, we revised subsection

(a) (1) (D)

 to delete a past compliance date and the concomitant

expiration of a 60-day grace period for making an entry into the

facility operating record.

 The Board added a citation at

subsection

 (b) to the Illinois EPA’s requirements for requesting

a 30—day extension (provisional variance)

 for accumulation of

hazardous waste.

 The Board invites comment

 on our revisions to

Section 722.134.

Transporter Reporting of Releases--Section 723.130

Section 723.130 derives from 40 CFR 263.30,

 a provision not

amended during the present update period.

 Rather, the Board

opened Section 723.130 for the purpose of deleting

 a reference to

Section 700.106,

 as noted above.

 During the course of review, we

realized that the reference for reporting to the Emergency

Services and Disaster Agency was wrong.

 The name has changed to

the Illinois Emergency Management Agency.

 We used the

opportunity to make

 a small number of clarifying amendments.

The

Board

 invites comment on the amendments to Section 723.130.

Applicability, of T/S/D Facility Standards to Elementary

Neutralization Units-—Sections 724.101 and 725.101

Section 724.101(g) (6) derives from 40 CFR 261(g) (6), and

Section 725.101(c) (10) derives from 40 CFR 265.1(c) (10),

 both of

which U.S.. EPA amended at 59

 Fed.

 Req.

48042

 (Sept.

19,

 1994).

The amendments corrected an error in the

 May 24,

1993

 (58 Fed.

Reg.

 29873)

 imposition of requirements on owners and operators of

elementary neutralization and wastewater treatment units treating

certain wastes.

 The owner or operator of an elementary

13

neutralization unit or wastewater treatment unit is exempted from

the T/S/D facility and interim status facility standards, with

narrow exceptions:

 the owner or operator must comply with the

limited protective requirements of Section 724.117(b)

or

725.117(b)

 (corresponding with 40 CFR 264.17(b)

 or 265.17(b))

if

it

 is diluting certain wastes prior to land disposal.

 The wastes

originally indicated in the May 24,

 1993 rules were ignitable

(D001)

 or corrosive

 (D002) wastes.

 The September 19,

 1994 action

corrected this to ignitable

 (DOOl)

 or reactive (D003)

 wastes.

The Board has incorporated the federal corrections without

deviation.

 However, we used this opportunity to make a number of

corrective and clarifying amendments to the pre—existing base

text of the open Sections.

 The Board invites comment on our

approach to the Section 724.101 and 725.101 corrections.

Applicability of Air Emissions Standards and General Records-

 keeping and Reporting Requirements——Sections 724.113,

 724.115,

724.173,

 724.177,

 724.279,

 724.300,

 724.332,

 724.701,

 725.101,

725.113,

 725.115,

 725.173,

 725.177,

 725.278,

 725.302

 & 725.331

U.S. EPA amended the treatment,

 storage,

 and disposal

(T/S/D)

 facility standards applicability,

 general recordskeeping,

and reporting requirements amended as part of the December

6,

1994 organic material emissions requirements for tanks,

containers,

 and surface impoundments.

 The following tables set

forth the Illinois provisions involved, their Code of Federal

Regulations counterpart provisions,

 the Federal Register

citations of the amendments, and the general nature of the

amendments to the provision:

Permitted T/S/D Facility Standards

59

 Fed.

35

 Ill. Adm.

 Derived from

 Req.

--;

 Type of Provision;

Code Section

 .40 CFR

——

 action

 Nature of Amendments

724.113

 264.13(b) (8)

 62926;

 Written waste analysis plan

(b) (8)

 amended

 requirement; must include

scheme for determining

volatile organic

 (VO)

content when claiming an

exemption from controls

requirements

724.115

 264.l5(b)(4)

 62926;

 General facility inspection

(b) (4)

 amended

 requirements; must

establish frequency for air

emissions controls

inspections

14

724.173

 264.73(b)(3)

 62926;

 Facility operating record

(b) (3)

&

&

 (b) (6)

 amended

 requirem~nts;must maintain

(b) (6)

 entries in operating record

of testing, monitoring,

corrective action,

 etc.

relating to volatile

organic emissions control

724.177(c)

 264.77(c)

 62926;

 Submission of reports; must

amended

 submit reports as required

under volatile organic

emissions rules

724.279

 264.179

 62926;

 Requires owner or operator

added

 managing hazardous waste in

container to comply with

volatile organic emissions

regulations

724.300

 264.200

 62926;

 Requires owner or operator

added

 managing hazardous waste in

tank to comply with

volatile organic emissions

regulations

724.332

 264.232

 62926;

 Requires owner or operator

added

 managing hazardous waste in

surface impoundment to

comply with volatile

organic emissions

regulations

724.701

 264.601

 62927;

 Miscellaneous unit

amended

 performance standards;

requires permit conditions

to include compliance with

volatile organic material

emissions regulations

Interim Status T/S/D Facility Standards

Amended 35

 59 Fed.

Ill.

 Adm.

 Derived from

 Reg.

 —-;

 Type of Provision;

Code Section

 40 CFR

--

 action

 Nature of Amendments

725.101(b)

 265.1(b)

62934

 Applicability of interim

T/S/D standards; exempts

certain activities from

tank,

 container, and

surface impoundment air

emission standards

15

725.113

 265.l3(b)(6)

 62935;

 Written waste analysis plan

(b) (6)

 amended

 requirement; must include

scheme for determining

volatile organic

 (VO)

content when claiming an

exemption from controls

requirements

725.115

 265.15(b)(4)

 62935;

 General facility inspection

(b) (4)

 amended

 requirements; must

establish frequency .for air

emissions controls

inspections

725.173

 265.73(b) (3)

 62935;

 Facility operating record

 (b) (3)

&

&

 (b) (6)

 amended

 requirements; must maintain

(b) (6)

 entries ih operating record

of testing, monitoring,

corrective action,

 etc.

relating to volatile

organic emissions control

725.177(d)

 265.77(d)

 62935;

 Submission of reports; must

amended

 submit reports as required

under volatile organic

emissions rules

725.278

 265.178

 62935;

 Requires owner

 or operator

added

 managing hazardous waste in

container to comply with

volatile organic emissions

regulations

725.302

 265.202

 62935;

 Requires owner or operator

added

 managing hazardous waste in

tank to comply with

volatile organic emissions

regulations

725.331

 265.231

 62935;

 Requires owner ~r operator

added

 managing hazardous waste in

surface impoundment to

comply with volatile

organic emissions

regulations

The Board has made the amendments as indicated by U.S.

 EPA,

with only minor deviations to the text of the amendments and the

pre—existing base text for the sake of correction and clarity.

Without elaborating on the minor deviations, we note one -more

significant correction.

 Formerly, Section 724.300 (corresponding

with 40 CFR 264.200)

 set forth special requirements for managing

16

F020 through F023,

 F026,

 and F027 wastes in tank systems.

 At 51

Fed.

 Reg.

 25422,

25471

 (July 14,

 1986), U.S. EPA amended the tank

systems requirements.

 Without explicitly describing its action

as repealing 40 CFR 264.200, U.S. EPA printed the table of

contents for Subpart J of part 264 without section 264.200.

The

effect of the printing of the table of contents was a de facto

repeal of section 264.200.

 Since U.S.

 EPA did not indicate the

repeal in the descriptive heading for the action, the Board

failed to pick up on the repeal in docket R86-46, adopted July

16, l987.~ The ‘addition of 40 CFR 264.200 relating to tank air

emission standards brought the error to the Board’s attention,

so

we correct it now.

 The Board invites comment on our approach to

the air emission standards applicability and general

recordskeeping and reporting amendments.

Amendments to the Process Vent and Equipment Leaks Emissions

Requirements-—Sections 724.933

&

 725.933

Section 724.933(k) (2) and

 (m) derives from 40 CFR

264.1033(k) (2)

and

 (m), which U.S.

 EPA amended at 59 Fed.

 Reg.

62927

 (Dec.

6,

 1994), and Section 725.933(j) (2)

and

(1)

 derives

from 40 CFR 265.1033(j) (2) and

 (1), which U.S.

 EPA amended at 59

Fed. Reg.

62935

 (Dec.

6,

 1994), as part of the air emissions

regulations amendments.

 This provision applies to owners and

operators of closed-vent systems and control devices used to

comply with the process vent air emissions requirements.

The

added language at subsection

 (k) (2) obviates annual leak

detection monitoring after the initial round of monitoring for

closed—vent systems that operate under vacuum.

 The addition of

subsection

 (m) requires documentation that all activated carbon

removed from a control device be regenerated or reactivated in a

permitted thermal treatment device, incinerated in a permitted

facility, or burned in a permitted industrial boiler.

The Board has used the federal language of these new

subsections with only minimal deviation for clarity.

 The Board

invites comment on our codification of

 new subsections

(k)

 (2) and

Cm)

 to Section 724.933.

Volatile Organic Emissions Standards for Tanks,

 Containers, and

Surface Impoundments--Sections 724.980 through 724.991 and

725.980 through 725.991

35 Ill.

 Adm. Code 724.Subpart CC

 (Sections 724.980 through

~

 U.S. EPA erred in one of two ways; the standard Federal

 Register format would have required it to either expressly

describe the action as

 a repeal or to have included the section

heading in the table of contents.

 The error had the effect of

misleading the Board.

17

724.991)

 and 725.Subpart CC

 (Sections 725.980 through 725.991)

derive from 40 CFR 264, Subpart CC (sections 264.1080 through

264.1091)

 and 40 CFR 265, Subpart CC (sections 265.1080 through

265.1091), which U.S. EPA added at 59

 Fed. Reg.

 62927 through

62952

 (Dec.

6,

 1994).

 These two new Subparts are the core of the

new volatile organic air emissions control requirements for

tanks,

 containers, and surface impoundments.

 The Part 724

standards apply to permitted TfS/D facilities,

 and the Part 725

standards apply to interim status T/S/D facilities.

 They are the

third installment of air emissions regulations applicable to

hazardous waste management facilities,

 after Subparts AA

 (process

vents)

 and BB

 (equipment leaks)

 to both Parts.

 The new

requirements impose emissions standards,

 control requirements,

testing and monitoring procedures,

 inspection and monitoring

requirements, and recordskeeping and reporting requirements.

The Board has incorporated the new federal provisions with

only minor revisions for clarity and to adapt to the Illinois

regulatory scheme.

 Most of the revisions,

 as through the text of

the rest of the regulations,

 are limited to changes in

punctuation, wording,

 and sentence structure for clarity.

However,

 a small number of revisions are more noteworthy.

Worthy of note is the change at Sections 724.980(c) and

725.980(c)

 that requires that the requirements of Subparts CC

become incorporated into the facility permit when it is reissued.

The Board has included permit renewal and modification as

conditions that trigger this requirement.

 Also,

 U.S. EPA

employed distance, pressure, and volume quantities in SI units

(meters

 (m) or centimeters

 (cm), pascals

 (Pa), kilopascals

 (kPa),

and cubic meters

 (rn3)), which the Board has revised.

 We retain

the SI units as the primary quantities, only converting Pascals

to kilopascals for consistency, then we parenthetically add the

conversion to feet

 (ft) and inches

 (in)

 for distance; pounds per

square

 inch,

 either gauge

 (psig)

 or absolute (psia), as

appropriate,

 and millimeters of mercury

 (mm Hg)

 for pressure; and

cubic feet

 (ft3)

 and gallons

 (gal)

 for volume.

 Thus,

for

example, a distance of 15.25 cm also indicates 0.50 ft or 6.0

in,

a volume of 151 m3 also indicates the volume of 5333

 ft3 or 39,887

gal, and a pressure of 76.6 kPa appears also as 11.1 psia or 574

mm Hg.

Also noteworthy is the change at Sections 724.984(e),

724.985(f),

 725.985(e),

 and 725.986(f),

 where the Board added

federal language as a Board note.

 U.S. EPA stated in the

regulatory text at both places that it considers a drain system

that meets certain requirements to be a “closed—system”..

 Rather

than retain an expression of U.S. EPA’s opinion as core

regulatory text,

 the Board incorporated the fact of U.S. EPA’S

expression into Board Notes.

 We then indicated,

 as we have done

in the past,

 that the Board intends the same meaning for the

18

term.

 Similarly,

 in the Section 725.981 definition of “point of

waste origination”, the Board has placed in a Board Note the U.S.

EPA expression of intent that this term have the same meaning as

“point of generation” under the Clean Air Act regulations

 (40 CFR

60,

 61, and 63).

The Board has made two minor structural changes for clarity.

We have divided Section 725.982(c), which indicates the two

conditions necessary for an extension of the implementation date,

into two distinct subsections for enhanced clarity.

 Due to

codification constraints, the Board has also found

 it necessary

to combine 40 CFR

265.1085(c)(6)(iii)(B)(1)

and

 (c)(6)(iii)(B)(2)

into the main body of Section 724.985(c) (6) (C) (ii),

 since, as

previously explained, the Illinois Administrative Code format

does not allow

 a fifth level of subsections.

Finally, the Board has adapted one federal provision by

allowing the Illinois EPA to recommend that the Board grant

provisional variances.6

 40 CFR 265.1091(b) (1) (ii)

and

 (b) (1) (v)

allow the U.S. EPA Regional Administrator under specified

circumstances to allow an owner or operator an additional 30 days

to repair or empty and remove from service a tank whose primary

roof seal has failed.

 Believing that the provisional variance

mechanism is the appropriate tool for such grants of relief in

Illinois, the Board has so provided in Sections 725.991(b) (1) (B)

and

 (b) (1) (E).

 In so doing,

 the Board requires the owner and

operator to comply with the Illinois EPA procedural requirements

for provisional variance relief

 (35 Ill. Adm. Code 180).

Applicability of Management Standards to HTNR Slags--Section

726. 120

U.S. EPA added

 40 CFR 266.20(c) and 268.41(a) at 59

 Fed.

Reg. 43500

 (Aug.

24,

 1994).

 Section 726.120(c)

 of the Illinois

regulations derives from 40 CFR 266.20(c).7

 Section 726.120

states the applicability of the regulations relating to

recyclable materials that are used in a manner constituting

 disposal

 (applied to or placed on land).

 Existing subsection

(b)

exempts materials that meet the land disposal restrictions under

6

 Section 35(b)

 of the Act provides,

 “The Board shall grant

provisional variances

.

.

.

 upon notification from the Agency

that compliance on a short term basis with any rule or regulation

•

.

.

 impose an arbitrary or unreasonable hardship.

.

.

•1~

415

ILCS 5/35(b))

~

 Since U.S.

 EPA subsequently deleted all substantive

requirements in section 268.41,

 in the September 19,

 1994 Phase

II LDRs,

 this discussion does not further discuss that provision

with regard to the

HTNR

slag exemption.

19

certain circumstances, and Section 721.103(c) (2)

 exempts high

temperature metals recovery (HTMR)

 slags meeting certain

contaminants content requirements that are disposed in RCRA

Subtitle D facilities

 if they do not exhibit any characteristic

of hazardous waste.

 Thus, the requirements for disposal in a

RCRA Subtitle D facility were more stringent than the

requirements for materials used in a manner constituting

disposal.

 New Section 726.120(c)

 simply removes anti—skid and

de-icing (road and highway) uses of F006, K061,

 and K062

HTMR

slags from the exemption of subsection

 (b).

 These uses of these

materials are subject to the 726.Subpart C requirements,

In adapting this provision to the Illinois regulations, the

Board has used the federal regulatory text with minor deviations;

we have slightly altered the language for clarity and directness.

The Board invites comment on our codification of the limitation

of the use exemption as to

HTMR

slags

 in Section 726.120(c).

Applicability of Hazardous Waste Standards to Use in a Manner

that Constitutes Disposal--Section 726.123

Section 726.123(a)

 derives from 40 CFR 266.23(a),

 which U.S.

EPA amended at 59 Fed. Reg. 48042

 (Sept.

19,

 1994),

 as part of

the Phase II land disposal restrictions regulatory package.

Section 726.123 sets forth the standards that generally apply to

use of recyclable materials in a manner that constitutes

disposal.

 The federal amendment reworded the provision slightly

and added 40 CFR 268

 (the land disposal restrictions) to the body

of general regulations that apply to such use.

The Board has followed the federal language.

 However,

 since

Subparts A through N constitutes all of 40 CFR 124,

 268,

 and 270,

the U.S. EPA has limited the applicability of only 40 CFR 264 and

 265 to those Subparts,

 i.e.,

 40 CFR 124,

 268,

 and 270 would apply

generally to use in a manner constituting disposal, unless

otherwise limited by their own terms.

 Thus, the Board has

limited only the applicability of Parts

 724 and 725 to Subparts A

through N in adapting the federal language.

 The Board invites

comment on our handling of the Section 726.123(a)

 applicability

statement.

Applicability of BIF Rules to Mercury Recovery Furnaces-—Sections

726.200

 & 726.Apper,dix M

U.S. EPA amended 40 CFR 266.100(c)(1),

 (c)(3),

 (c)(3)(i),

(c)(3)(ii), and (c)(3)(i)(A)

 at 59 Fed. Reg. 48042

 (Sept.

19,

1994),

 as part of the Phase II LDRs.

 These correspond with 35

Ill.

 Adm. Code 726.200(c) (1),

 (c) (3),

 (c) (3) (A),

 (c) (3) (B)

,

and

(c) (3) (A) (i).

 These provisions state the applicability of the

Subpart H regulations pertaining to burning hazardous waste in a

boiler or industrial furnace

 (BIF rules).

 The amendments limit

the availability of an exemption for a mercury recovery furnace

20

from the BIF rules.

 U.S. EPA added 40 CFR 266, appendix XIII

(now corresponding with 35 Ill.

 Adm. Code 266.Appendix M)

 at the

same time.

 This new appendix lists the mercury—bearing wastes

 that qualify for burning in an exempted BIF unit.

The Board has incorporated the federal amendments with only

minor revisions to enhance clarity.

 The Board invites comment on

our amendments relating to the Sections 726.200(c) and

726.Appendix M exemption for SIP units burning mercury-containing

waste.

Feed Rate and Emissions Screening Limits--Sections 726.Appendices

A through C; Risk—Specific Doses-—Section 726.Appendix E

Sections 726.Appendices A through C and E derive from 40 CFR

266, appendices

 I through III and V.

 U.S.

 EPA did not amend

these provisions during the current update period.

 Rather, the

Board has opened these provisions at the suggestion of the Joint

Committee on Administrative Rules

 (JCAR).

 During the course of

the prior update docket, R94-l7, JCAR staff

 liked the Board’s

conversion of the format “x.xE+nn” or “x.xE—nn” to the standard

decimal notation.

 It specifically requested that the Board make

this conversion on these remaining appendices to Part 726.

 This

is the reason the Board has made the amendments described.

The

Board invites comment on our conversion of the numbers

in

Sections 726. Appendices A through C and B to standard decimal

notation.

Phase

 II LDR5——Parts 728

 & 738

U.S.

 EPA adopted the Phase II land disposal restrictions

(LDRs)

 on September 19,

 1994,

at

59

 Fed.

 Reg. 47982.

 U.S. EPA

subsequently amended the Phase II LDR5 on January

3,

 1995.

As

discussed above, this is the segment of the present update in

which the regulated community has expressed interest.

 The Board

has also included the January

3,

 1995 amendments,

 as also

discussed above,

 despite the fact that it is technically outside

the present update period,

 for the convenience of that community.

We have also consolidated the underground injection control

 (UIC)

segments of the Phase II LDR amendments together with the RCRA

Subtitle C segments for the convenience of the Board.

U.S. EPA promulgated the Phase II LDR5 pursuant to the

Hazardous and Solid Waste Amendments of 1984 to

RCRA

 (HSWA).

Federal law provides that they went into effect in Illinois on

the federal effective date (September 19,

 1994),

 except as to

those provisions for which there was a more stringent Illinois

counterpart provision.

 This, according to IERG, has led to

confusion, and, hence,

 there is an interest in the Board adopting

these provisions as rapidly as possible.

U.S. EPA explained that the new LDR5 did not change the

21

treatment standards for all wastes, and that the new LDR5 do not

fully replace the older ones.

 Rather, U.S.

 EPA rendered two sets

of standards for each hazardous waste constituent, one for

wastewaters and another for nonwastewaters,

 as before, but now

using the same standards for each constituent without regard to

the waste code.

 Thus,

 differences

 in concentration limits for

the same constituent were eliminated.

 The older constituent

concentration in waste

 (40 CFR 268.48, Table CCW; corresponding

with 35 Ill. Adm. Code 728.Table B)

 and constituent concentration

in waste extract

 (40 CFR 268.41, Table CCWE;

 corresponding with

35

 Ill.

 Adiu. Code 728.Table A)

 tables have been replaced by

treatment standards for hazardous wastes

 (40 CFR 268.40) and

universal treatment standards

 (40 CFR 268.48, Table UTS) tables.

The treatment standards for hazardous wastes table (codified by

the Board as Section 728.Table T)

 lists hazardous wastes by waste

code,

 setting forth the constituents of concern and the

wastewater and/or nonwastewater treatment standards for each.

The treatment standards are given in terms of maximum constituent

concentrations for the contaminant or as a treatment method or

methods allowed for land disposal.

 The universal treatment

standards

 (UTS)

 table (codified by the Board as Section 728.Table

U) sets forth the maximum constituent concentrations for the

contaminants for which these were established.

 The maximum

constituent concentrations are the same for the contaminants

wherever they appear in these tables.

U.S. EPA further established additional land disposal

restrictions in the Phase

 II LDR5.

 Some are for high total

organic carbon

 (TOC)

 ignitable liquids

 (D00.

 waste)

and

halogenated pesticide wastes

 (D012 through D0l7 wastes), which

now require full treatment before disposal

 (unless disposed in an

underground injection well that has a no—migration exemption.

Others are for “newly—listed wastes”

 (i.e., coke by—product

production, K14l through K145, K147 and K149 wastes, and

chlorotoluene production,

 K149 through Kl51, wastes

 listed since

HSWA).

The Board tabulates the amendments required by the federal

Phase II LDR action to Parts 728 and 738 as follows:

35

 Ill.

 Adm. Code

 Derived from 40 CFR

 Federal Register

Section

-—

 Citation(s)

Type of Provision; Nature of Amendments.

728.101(c) (1) (C)

 268.1(c) (1) (iii)

 59 Fed. Reg.

48043

(Sept.

9,

 1994)

Exclusion from restriction against land disposal; allows

continued land disposal of DOOl high TOC and D0l2 through D017

pesticide waste that meets treatment standards.

728.101(e) (4)

&

 268.1(e) (4)

&

 (e) (5)

 59 Fed.

 Reg. 48043

(e)(5)

 (Sept.

19,

 1994)

22

Exclusion from Part;

 adds de minimis losses of organic

characteristic toxic wastes

 (D0l2 through D043)

 and rinsate from

safety showers,

 personal safety equipment,

 and containers to a

wastewater treatment systems and organic toxicity characteristic

(D012 through D043)

 laboratory wastes that are mixed with

wastewaters subject to Clean Water Act regulation.

728.102

 (“debris”

&

 268.2

 59 Fed.

 Reg.

48043

“underlying

 (Sept.

19,

 1994)

&

hazardous

 60 Fed. Reg.

244

constituent”)

 (Jan.

3,

 1995)

Definitions;

 adds lead-acid batteries, cadmium batteries, and

radioactive lead solids to list of wastes for which treatment

standards exist and that are excluded from the definition of

“debris”; changes definition of “underlying hazardous

constituent” to refer to table UTS and exclude vanadium and zinc.

728.107

 268.7

 59 Fed. Reg.

48043

(Sept.

19,

 1994)

&

60 Fed. Reg.

244

(Jan.

3,

 1995)

Waste analysis and recordskeeping requirements; substitutes

combustion for incineration and fuel substitution treatments to

 exclusion; adds organic toxicity characteristic

 (D0l2 through

D043) wastes to those for which the generator must determine the

underlying hazardous constituents; amends the generator and T/S/D

facility notice and certification requirements; exempts generator

of lab packs and those using alternative treatment standards from

waste analysis requirements, and those of lab packs from the

notice and certification requirement; adds certification

requirement for DOOl,

 D002, and D012 through D043 wastes.

728.109(a)

&

(d)

 268.9(a)

&

(d)

59

 Fed. Reg. 48045

(Sept.

19,

 1994)

&

60 Fed. Reg.

245

(Jan.

3,

 1995)

Special rules for characteristic waste; adds organic toxicity

characteristic

 (D0l2 through D043)

 wastes to those for which the

generator must determine the underlying hazardous constituents;

amends the generator and T/S/D facility notice and certification

requirements.

728.138

 268.38

 59 Fed. Reg.

48045

(Sept.

19,

 1994)

Newly-listed organic toxicity and coke by-product and

chiorotoluene production wastes LDR5; phased prohibitions against

land disposal of newly-listed organic toxicity

 (D012 through

D043) wastes,

 coke by-product production

 (K14l through K145,

 K147

and K149) wastes,

 and chlorotoluene production )K149 through

 K151) wastes.

23

728.140

 & 728.Tab. T

 268.40

 & Table

59

 Fed.

 Reg. 48046

(Sept.

19,

 1994)

&

60 Fed. Reg.

245

(Jan.

3,

 1995)

Applicability of treatment standards; body of revised regulations

stating the applicability of the Phase II treatment standards and

setting forth the standards

 (in table,

 by waste code);

restrictions added for high TOC ignitable waste

 (DOOl),

halogenated pesticide

 (D012 through D017)

 wastes, coke by-product

production

 (K141 through K145, K147 and K149) wastes,

and

chlorotoluene production

 (K149 through K151)

 wastes.

728.141

 & 728.Tab. A

 268.41

 & Table CCWE

 59 Fed.

 Reg.

48103

(Sept.

19,

 1994)

Former treatment standards as concentrations

 in waste extract

(CCWE); standards deleted in favor of new standards.

728.142

 & 728.Tab.

C

 268.42,

 Table

1

59

 Fed. Reg. 48103

(Sept.

19,

 1994)

&

60

 Fed. Reg.

302

(Jan.

3,

 1995)

Treatment standards as specified treatment technologies; addition

of combustion

 (CMBST)

 treatment technology; modification of

language to accommodate amended treatment standards.

728.143

 & 728.Tab.

B

 268.43

 & Table CCW

 59 Fed. Reg. 48103

(Sept.

19,

 1994)

Former treatment standards as concentrations in waste

 (CCW);

standards deleted in favor of new standards.

728.145(b) (2)

 268.45(b) (2)

 59 Fed. Reg.

48103

(Sept.

19,

 1994)

Provision for identification of hazardous debris subject to

treatment; conformation of language to universal treatment

standards.

728.146

 & 728.Tab.

G

 268.46

 & Table

1

 59 Fed. Reg. 48103

(Sept.

19,

 1994)

Former treatment standards for hazardous debris; standards

deleted in favor of new standards.

728.Table D

 268.42,

 Table

2

 59 Fed. Reg.

48103

(Sept.

19,

 1994)

Listing of treatment technologies by waste code;

 deleted.

728.Table E

 268.42,

 Table

3

 59 Fed. Reg. 48103

(Sept.

19,

 1994)

LDR5 for mixed radioactive wastes; standards deleted in favor of

new standard’s.

24

728.148

 & 728.Tab. U

 268.48

 & Table UTS

 59 Fed. Reg. 48103

&

60 Fed. Reg.

302

(Jan.

3,

 1995)

Listing of treatment standards by hazardous constituent; listing

added.

728.Appendix D

&

 268,

 appendix IV

& V

 59 Fed. Reg. 48107

728.Appendix E

 (Sept.

19,

 1994)

List of wastes excluded from lab packs; former listings replaced

with new list.

728.Appendix J

 268, appendix X

 59 Fed. Reg. 48107

(Sept.

19,

 1994)

&

60 Fed.

 Reg.

302

(Jan.

3,

 1995)

Table of recordkeeping, notification, and certification

requirements; listing summarizing land disposal restrictions

recordkeeping,

 notification,

 and certification requirements

added.

738.117(b)

&

(c)

 148.17(b)

&

(C)

59

 Fed. Reg. 48041

(Sept.

19,

 1994)

Underground injection disposal restrictions; restrictions added

for high TOC ignitable waste

 (DOOl), halogenated pesticide

 (D012

through D0l7) wastes,

 coke by-product production

 (K141 through

K145,

 K147 and K149)

 wastes,

 and chiorotoluene production

 (K149

through K151)

 wastes.

The Board has followed the federal amendments with a greater

or lesser degree of deviation to enhance readability and clarity.

Many of the revisions to the federal text are minor, but others

are worthy of note.

 One noteworthy general amendment is that

wherever the federal regulations refer to disposal in a “Subtitle

D facility”,

 the Board has amended the language to indicate a

“RCRA Subtitle D (municipal solid waste landfill)

 facility”,

in

the belief that this gives optimum clarity.

 Simple references to

“Subtitle D” can lead to confusion in the context of “Subtitle C”

regulations.

Much clarification of 40 CFR 268.7 and 268.9 was necessary

in Sections 728.107 and 728.109.

 At Section 728.107(a), the

Board combined two parallel

 (and nearly identical)

 statements

relating to characteristic (721.Subpart C) and listed

(721.Subpart D) wastes into a single statement.

 At this

subsection and Section 728.109(a),

 we retained the language “are

reasonably expected to be present”, which U.S.

 EPA deleted at

corresponding 40 CFR 268.7(a)

 and 268.9(a), because the

statements are not clear without the omitted language.

Similarly, the Board retained “wastes prohibited pursuant to”

in

Section 728.107(a) (1) (B), which U.S. EPA also omitted from 40 CFR

268.7(a)(1)(i), and “wastes prohibited pursuant to” at Section

728.107(b) (4) (B), which U.S. EPA omitted from 40 CFR

25

268.7(b)(4)(ii).

 We corrected the misspelling of “contaminant”

 in the pre—existing text of Section 728.l07(a)(3)(E)(i)

 (which

did not appear in error in the original federal text).

To

Section 728.107(a) (4), we added “or containment buildings”, which

appeared in the base text of 40 CFR 268.107(a) (4), but not in the

Illinois pre-existing base text.

U.S. EPA revised the cross—references to the various LDR

tables to the new references throughout the open provisions,

but

did not open other sections to complete the process throughout

part 268.

 Rather, U.S. EPA placed references at 40 CFR 268.40,

268.41, and 268.43 indicating the relationship between the old

standards and the locations of the new standards.

 The Board

copied these broader cross—referential notes,

 then took the extra

step and has opened all the Sections with references that we

could find and tried to amend all the references so that they now

refer to the proper location for the present standard.

The Board opened Sections 728.130 and 728.133

 solely to

revise the references to the treatment standards,

 as explained

above,

 but has made additional amendments to clarify the pre-

existing text.

 We deleted a past compliance date and

accompanying expired notification requirement from Section

728.130(c).

 The Board parenthetically added “adjusted standard”

to the Sections 728.130(d) (2)

 and 728.133(e) (2) references to an

“exemption”.

 In Section 728.130(d) (3), added language

is

intended to not only clarify the provision, but also to clarify

that it is U.S. EPA that grants an extension to a prohibition

(as

noted in referenced Section 728.105).

 Finally, Section

728.133(f) was not in the pre—existing base text.

 Rather, the

subsections went from

 (e) to

 (g), skipping

 (f).

 Since this

violates Illinois Administrative Code codification requirements,

the Board corrected this by adding an explanation of the lack of

a parallel provision as subsection

 (f),

 as we have done in the

past.

New Section 738.138(a)

and

 (b) contains numerous minor

deviations from the original text of 40 CFR 268.38(a)

and

 (b).

None of the changes is individually worthy of discussion, but the

Board highlights the fact that these two provisions were those

that deviated the most from established Board usage and common,

clear language.

 Therefore, these two subsections required the

greatest revision of all the provisions involved in this

proceeding.

Another minor correction arose through the January

3,

1995

amendments to the September 19,

 1994 rules.

 U.S. EPA added

Appendix X (corresponding to Section 728.Appendix J), then

amended certification statement B at the end.

 In so doing, U.S.

EPA deleted the cross-reference to the body of the regulations

for the statement.

 The Board retained the cross-reference as

 given on September 19.

26

One thing we contemplated changing from the federal original

of 40 CFR 268, appendix X, but which we did not propose

in

Section 728.Appendix J, was the addition of limiting language.

The Board perceives that the appendix

 is a useful but gratuitous

summary of the body of the land disposal restrictions

recordkeeping, notification, and certification requirements——

i.e.,

 we do not believe that it should have substantive effect

beyond the text of the core regulations themselves.

If,

 indeed,

this tabular summary is intended to have no substantive effect,

the Board believes that the safer course

 is to include a

statement to that effect,

 in case there

 is ever a conflict

between the summary and the basic requirement.

 However, we are

unclear on this point,

 so we did not include such a limiting

statement.

The Board found it necessary to alter the format of Sections

728.Tables T and U from the original federal text in the tables

to 40 CFR 268.40 and 268.48.

 Especially with the core treatment

standards table

 (Section 728.Table T), we could not readily adapt

the federal format to comply with the Illinois Administrative

Code codification requirements.

 In the case of the universal

treatment standards table (Section 728.Table U), the purpose of

the reformatting solely to widen the four substantive columns.

 Also,

 the Board found corrections necessary to some of the

chemical names in the text:

 benzo(k)fluoranthene

 (Table T,

F039), bis(2-chloroisopropyl)ether (same), hexachlorocyclopenta—

diene

 (K097,

 Table T),

 5—aminomethyl—3-isoxazolol

 (P007, Table

T), O,O-diethyl-O-pyrazinyl-phosphorothioate

 (P040, Table T), N-

methyl-N’-nitro-N-nitrosoguanidine

 (Ul63, Table T), and 2,4—

dimethyl phenol

 (Table U).

 The Board further added a statement

to footnote four to Section 728.Table T an explanation of the

notation “fb”.

 U.S. EPA defined the abbreviation in 40 CFR

268.42, Table

 1, but the Board prefers to define it in the text

of the table that uses the abbreviation.

 The Board invites

comment on our codification of the Phase II land disposal

restrictions in Part 728.

Corrective Amendments to UIC Provisions--Sections 730.104,

730.105, 730.110, 730.132, 730.133

 & 730.151

As previously discussed, the Board opened Sections 730.104,

730.105,

 730.110, 730.132,

 730.133, and 730.151 for the primary

purpose of deleting references to Section 700.106 in the source

notes.

 To do this,

 we amended each Section for enhanced clarity,

intending no substantive amendments.

 Although some of these

amendments might at first appear to change the regulatory

language, the most major amendments are limited to moving

 phrases.

HISTORY OF RCRA Subtitle C,

 TJST and UIC ADOPTION

The Illinois UIC

 (Underground Injection Control), RCRA

27

(Resource Conservation and Recovery Act) Subtitle C, and UST

(Underground Storage Tank) 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

 RCRA

Subtitle C and UIC Permit Programs

703

 RCRA

Subtitle C Permit Program

704

 UIC Permit Program

705

 Procedures for Permit Issuance

709

 Wastestream Authorizations

720

 General

721

 Identification and Listing

722

 Generator Standards

723

 Transporter 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 RCRA 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

RCRA

Subtitle C regulations.

 U.S. EPA 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.

 U.S. EPA granted

final authorization of the Illinois

RCRA

Subtitle C “base

program” on January 31,

 1986, at 51 Fed. Reg.

 3778 (January 30,

1986).

 U.S. EPA 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).

 U.S. EPA 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.

 Reg. 30525

 (June 14,

 1994).

 U.S. EPA

codified its approvals of the Illinois program at 40 CFR 272.700

28

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

RCRA

Subtitle C identical in

substance rulemakings follows

 (with the period of corresponding

federal revisions indicated in parentheses):

R8l—22

 45 PCB 317, September

16,

1981

 & February 4,

 1982;

6

 Ill.

 Reg.

 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—19

 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—24

 55 PCB 31, December 15,

 1983,

 8 Ill. Reg.

 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)

R85-22

 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.

 Reg.

 13998,

August 22,

 1986, effective August 12,

 1986.

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

R86—19

 73 PCB 467, October

23,

 1986;

 10 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;

 11 111. Reg.

 6017, April

3,

 1987,

effective March 23,

 1987.

 Correction at 77 PCB

235, April

16,

 1987;

 11 Ill.

 Reg.

 8684, May

1,

1987, effective April 21,

 1987.

 (4/1/86 through

6/30/86)

R86—46

 79 PCB 676, July 16,

 1987;

 11 Ill. Reg.

 13435,

August 14,

 1987, effective August 4,

 1987.

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

R87—5

 82 PCB 391, October 15,

 1987;

11

 Ill.

 Reg.

 19280,

November 30,

 1987, effective November

10

&

12,

29

1987.

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

R87—26

 84 PCB 491,

 December 3,

 1987;

 12 Ill. Reg.

 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;

11

 Ill.

 Reg.

 16698, October

16,

 1987,

effective September 30,

 1987.

R87—39

 90 PCB 267, June 16,

 1988;

12

 Ill.

 Reg.

 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.

 Reg.

 447,

January 13,

 1989,

 effective December 28,

 1988.

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

R89—l

 103 PCB 179, September 13,

 1989;

 13 Ill.

 Reg.

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.

 Reg.

 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.

 Reg.

 14401,

September 7,

 1990,

 effective August 22,

 1990.

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

R90-11

 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, August

22,

 1991;

15

 Ill.

 Reg.

 9323, effective June 17,

1991.

 (Third Third Land Disposal Restrictions)

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

R90-17

 Delisting Procedures

 (See below)

R91—1

 125 PCB 119, August

8,

 1991;

 15 Ill. Reg.

 14446,

effective September 30,

 1991.

 (Wood Preserving

Rules)

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

R9l—13

 132 PCB 263, April

9,

 1992;

16

 Ill. Reg.

 9489,

effective June 9,

 1992.

 (Boilers and Industrial

Furnaces

 (BIFs) Rules)

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

R91—26

 129 PCB 235, January 9,

 1992;

 16 Ill. Reg.

 2600,

effective February 3,

 1992.

 (Wood Preserving

Rules Compliance Dates)

R92—1

 136 PCB 121,

 September 17,

 1992;

 16 Ill.

 Reg.

30

17636, effective November

6,

 1992.

 (7/1/91

through 12/31/91)

R92—10

 138 PCB 549, January 21,

 1993;

17

 Ill. Reg.

 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.

 Reg.

 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.

 Reg.

 12160,

effective July 29,

 1994.

 (7/1/93 through

12/31/93)

R94—17

——

PCB

——,

October

20,

 1994,

18

 Ill.

 Reg.

 17480,

effective November 23,

 1994.

 (1/1/94 through

6/30/94)

R95—6

 This docket.

 (Consolidated with R95-4,

UIC

Update.)

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

On September

6,

 1984,

 the Third District Appellate Court

upheld the Board’s actions

 in adopting R82—l9 and R83-24.

(Commonwealth Edison Co.

v.

 PCB,

 127 Ill.

 App.

 3d 446; 468 N.E.2d

1339

 (3d Dist.

 1984).)

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. Reg.

 24562,

December 21,

 1984, effective December

11,

 1984.

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

EPA’s dioxin listings.

 Section 22.4(d) was repealed by P.A. 85—

1048,

 effective January

1,

 1989.

The Board has adopted U.S.

 EPA delistings at the request of

 Amoco,

 Envirite, and USX (the date of the corresponding federal

action is included in parentheses):

R85—2

 69 PCB 314, April 24,

 1986;

 10 Ill.

 Reg.

 8112, May

16,

 1986, effective May 2,

 1986.

 (Amoco Corp.)

R87—30

‘

 90 PCB 665, June 30,

 1988;

12

 Ill.

 Reg.

 12070,

July 22,

 1988, effective July 12,

 1988.

 (Envirite

Corp.)

31

R91—12

 128 PCB 369, December 19,

 1991;

 16 Ill.

 Reg.

 2155,

effective January 27,

 1992.

 (USX Corp.)

Subsequently, upon the April 30,

 1990 federal authorization

of Illinois granting waste delistings,

 U.S.

 EPA 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.

 Reg.

 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.)

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 delistings 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.)

32

AS94—lO

 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:

P84-10

 62 PCB 87,

 349, December 20,

 1984 and January 10,

1985;

9

 Ill.

 Reg.

 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 P85—22 and amended them in R86—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.)

One adjusted standard proceeding sought relief from a RCPA

Subtitle C land disposal restriction

 (petitioner’s name in

parentheses):

AS9O—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-ll

 Dismissed at 125 PCB 295, August 8,

 1991.

 (Big

River Zinc Corp.)

33

The Board has also adopted requirements limiting and

restricting the landfilling of liquid hazardous wastes, hazardous

wastes containing halogenated compounds,

 and hazardous wastes

generally:

R81—25

 60 PCB 381, October 25,

 1984;

 8 Ill.

 Reg.

 24124,

December 14,

 1984, effective December 4,

 1984.

R83—28

 68 PCB 295, February 26,

 1986;

 10 Ill. Reg.

 4875,

March 21,

 1986, effective March

7,

 1986.

R86—9

 Emergency regulations adopted at 73 PCB 427,

October 23,

 1986;

 10 Ill. Reg.

 19787, November 21,

1986, effective November 5,

 1986.

The Board’s action in adopting emergency regulations in P86-

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 RCPA

Subtitle C docket.

 U.S. EPA authorized the Illinois UIC program

on March

3,

 1984, at 49 Fed. Reg.

3991

 (Feb.

1,

 1984); codified

that approval as 40 CFR 147, Subpart 0, at 49 Fed. Reg.

20197

(May 11,

 1984); and amended the authorization at 53 Fed.

 Req.

43087

 (Oct.

25,

 1988).

 The entire listing 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.

 Peg.

 12479,

October 15,

 1982, effective February 1,

 1984.

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

R82—l8

 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)

P85—23

 70 PCB 311

 & 71 PCB 108, June 20

 & July 11,

 1986;

10

 Ill. Peg.

 13274, August

8,

 1986, effective July

28

 & 29,

 1986.

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

P86—27

 Dismissed at 77 PCB 234, April

16,

 1987.

 (No U.S.

EPA amendments through 12/31/86).

34

P87—29

 85 PCB 307, January 21,

 1988;

12

 Ill.

 Reg.

 6673,

April

8,

 1988, effective March 28,

 1988.

 (1/1/87

through 6/30/87)

P88—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)

P88—17

 94 PCB 227, December

15,

 1988;

13

 Ill.

 Peg.

 478,

January

13,

 1989, effective December 30,

 1988.

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

R89—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)

P89—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

U.S. EPA amendments 12/1/89 through 12/31/89)

P90—14

 122 PCB 335, May 23,

 1991;

15

 Ill.

 Req.

 11425,

effective July 24,

 1991.

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

P91—4

 Dismissed at 119 PCB 219, February

28,

 1991.

(No

U.S. EPA amendments 9/1/90 through 12/31/90)

R91—16

 Dismissed at 128 PCB 229, December

6,

 1991.

(No

U.S. EPA amendments 1/1/90 through 6/30/91)

P92—4

 Dismissed at 133 PCB 107, April

9,

 1992.

 (No U.S.

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

P92—13

 139 PCB 361,

 February 4,

 1993;

 17 Ill. Peg.

 6190,

effective April

5,

 1993.

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

P93—6

 ——

PCB

——,

 August

5,

 1993;

17

 Ill.

 Peg.

 15641,

effective September 14,

 1993.

 (7/1/92 through

12/31/92)

R93-17

 Dismissed at

-—

PCB

 -—,

 September 23,

 1993.

(No

U.S. EPA amendments 1/1/93 through 6/30/93)

P94—5

 ——

PCB

——,

 November 3,

 1994;

 18 111. Reg.

 18244,

effective December 20,

 1994.

 (7/1/93 through

12/31/93)

P94-24

 -—

PCB

 —-,

 October

6,

 1994.

 (U.S.

 EPA amendments

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

C docket P94-17)

35

R95-4

 Present Docket.

 (Consolidated with P95-6,

RCRA

Subtitle C Update.)

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

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):

AS92-8

 Granted at

--

PCB

--,

 February 17,

 1994.

 (Cabot

Corp.; no migration exception)

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 agency 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 taking 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 rulemaking).

 Note

36

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”

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”.

IT

IS

SO

ORDERED.

I, Dorothy M.

 Gunn, Clerk of the Illinois Pollution Control

Board,

 certif.y that the above opinion was adopted by the Board on

the

~

 day of

~

,

 1995,

 by a vote of

/

“~

~

—

~

—

/

Dorothy

M.

Gux~,

Clerk

Illinois

Pollution

Control

Board

.

S

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