ILLINOIS POLLUTION CONTROL BOARD

January

11,

1995

IN THE

MATTER OF:

)

)

R95-6

RCRA

SUBTITLE

C UPDATE,

)

(Identical in

Substance Rules)

USEPA

REGULATIONS

)

(7-1-94 ThROUGH 12-31-94)

)

ORDER

OF THE BOARD (by

E.

Dunham):

This

matter is before the Board on

the January 9,

1995

motion of the illinois

Environmental Regulatory Group

(IERG), which seeks

expedited Board consideration of

certain federal amendments to

the RCRA Subtitle C regulations.

The

motion states that on

September

19,

1994,

U.S.

EPA amended the hazardous waste regulations by adopting the

Phase II land

disposal restrictions (Phase II LDRs), also called the universal treatment

standards.

The Phase II LDRs

differ from

the prior

federal

LDRs of 40 CFR 268, presently

codified

in

the Illinois RCRA

Subtitle C regulations as 35

Ill.

Adm.

Code 728.

IERG asserts

that the Phase II LDRs

are inconsistent with

the existing Illinois LDRs,

and that the existence

of the two sets of regulations has

caused

confusion and increased the burden of compliance

for the regulated community.

IERG

requests prompt Board action,

asserting

that such action

will correct

the inconsistencies between

the

state and federal regulations and avoid future

confusion and conflict.

IERG

states that the Agency concurs

with

this request to

the best of

IERG’s knowledge.

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.

§~

6921-

6925).

Section 22.4(a)

further provides that the Board may deal with multiple federal

amendments that occurred

in a single six-month period

together in

the same proceeding.

Thus,

it has

been the Board’s

practice to

deal with

the federal RCRA

Subtitle C

amendments

in

two dockets each calendar year:

one for the period January

1 through June 30,

and the

other for the period

July

1

through December

31.

To date, the Board is aware

that U.S.

EPA amended the federal

hazardous waste regulations during the period

July

1

through

December

31,

1994

in

the following actions:

July 28,

1994

(59

Fed. Reg.

38536)

Exclusion of certain

in-process

recycled petroleum

refining

secondary materials

from the definition of

solid waste.

Aug. 24,

1994

(59

Fed. Reg.

43496)

Conditional exemption of hazardous waste-derived

products used in a manner constituting disposal

from Subtitle

C regulation.

Sep.

19,

1994

(59 Fed. Reg.

47980)

Corrections to

land disposal restrictions.

---

2

Sep.

19,

1994

(59

Fed. Reg.

47982)

Phase II land disposal restrictions (universal

treatment

standards).

Dec.

6,

1994

(59 Fed. Reg.

62896)

Air pollution standards

for HWM

facilities.

Generally, the Board would wait until we have received

the List of Sections

Affected

for the Code of Federal Regulations

for December,

1994

(usually received

in

mid- to

late-

February)

before beginning to

assemble a proposal for public comment based on the

amendments,

in

order to assure

that we

have the complete list of federal actions for

the

proposal.

The Board

hereby grants the

motion for

expedited consideration to

the extent we

will immediately begin to assemble the proposal.

We intend

to

consider the proposal

for

publication of Notices of Proposed Amendments in

the Illinois Register at the meeting of the

Board presently

scheduled for February 16,

1995.

The IERG

motion raises

an additional issue

on which the Board requests comment.

U.S.

EPA issued a series of technical amendments to

the Phase II LDRs

on January

3,

1995

(60 Fed. Reg.

242).

These

include corrections and clarifications of the Phase II LDRs.

Although,

technically,

these amendments are part of the next RCRA

Subtitle

C update

docket,

for the period

January

1

through June 30,

1995, the Board requests clarification as to

whether IERG’s request for

expedited consideration

embraces

that action.

The

Board hereby

requests that IERG

respond

to

the foregoing inquiry within

two

weeks of the date of this order, by January

25,

1995,

to

facilitate Board action on February

16.

Any other person may also submit comments

on

this issue by January

25.

IT IS SO ORDERED.

I,

Dorothy M. Gunn,

Clerk of the illinois Pollution Control Board,

hereby certify that

the above order was

adopted

on the

_________________

day o-~-~-t~-i__,

1995,

byavoteof

~‘O.

~

~.

Dorothy M. G4n,

Clerk

illinois Pollutiàfi Control Board