ILLINOIS POLLUTION CONTROL BOARD
    November 3,
    1994
    IN THE MATTER OF:
    )
    R94—17
    RCRA UPDATE, USEPA REGULATIONS
    )
    (Identical in Substance Rules)
    (1—1—94 THROUGH 6—30—94)
    )
    Adopted Rule.
    Final Order.
    SUPPLEMENTAL OPINION
    AND
    ORDER OF THE BOARD
    (by
    E. Dunham):
    The Board adopted an opinion and an order in this matter on
    October 20,
    1994,
    incorporating amendments for the update period
    into the Illinois RCRA Subtitle D hazardous waste regulations.
    On October 25, staff of the Joint Committee on Administrative
    Rules
    (JCAR) contacted Board staff to indicate a slight oversight
    in the Board’s order.
    JCAR staff pointed out that the Board had
    omitted a three word segment from the federal text.
    We hereby add the segment of federal text missing from the
    adopted amendments to Section 721.104(e) (3) (A).
    The restored
    text is indicated by highlighting,
    as follows:
    SUBPART A:
    GENERAL PROVISIONS
    Section 721.104
    Exclusions
    e)
    Treatability study samples.
    3)
    The Agency may grant requests on a case—by—case
    basis for up to an additional two years for
    treatability studies involving bioremediation.
    The Agency may grant requests, on a case—by—case
    basis,
    for quantity limits in excess of those
    specified in subsection
    (e) (2) (A) and
    (e) (2) (B)
    above and
    (f) (4)
    below,
    for up to an additional
    5000 kg of media contaminated with non-acute
    hazardous waste. 500 kg of any non—acute hazardous
    waste,
    2500 kg of media contaminated with acute
    hazardous waste, and 1 kg of acute hazardous waste
    and 250 kg of ~oilt~,water or dobric~contaminated
    with
    acute hacardouc wactc,~
    ~j
    In response to reauests for authorization to
    ship,
    store, and conduct further treatability
    studyies
    i~i
    di~t~pn~
    ai~antit4e~
    in advance
    of commencing ~ä?ab1Ii?v
    ~tuffIè
    s.
    Factors
    to be considered in reviewing such recaiests
    include the nature of the technology, the
    2
    type of process
    (e.g..
    batch versus
    continuous), the size of the unit undergoing
    testing (particularly in relation to scale-up
    considerations), the time or quantity of
    material reauired to reach steady—state
    operating conditions,
    or test design
    considerations, such as mass balance
    calculations.
    Another change in the October 20 order relates to an issue
    raised during the post-adoption comment period.
    Section
    720.122(n) (3) states the Board’s intent to routinely list all
    hazardous waste delistings in Table D of Section 721.Appendix
    I
    as they are granted.
    This was done as to the first hazardous
    waste delisting granted in early 1992.
    It was not done as to
    later—granted waste delistings.
    We correct that oversight now,
    even though these amendments were not earlier proposed.
    Section
    72l.Appendix
    I has no substantive impact, and it serves to inform
    the regulated community.
    The Board can see no reason to delay
    these amendments until the next update period.
    The adopted amendments to Section 721.Appendix
    I Table D are
    as follows
    (in their entirety):
    Section 721.Appendix I
    Wastes Excluded under Section 720.120
    and 720.122
    Table D
    Wastes Excluded by Adjusted Standard
    The Board has entered the following GQrders on petitions for
    adjusted standards for delisting,
    pursuant to 35 Ill. Adm. Code
    720. 122.
    AS91-l
    Petition of Keystone Steel and Wire Co. for
    Hazardous Waste Delisting,
    February 6,
    1992,
    and
    modified at 133 PCB 189, April
    23,
    1992.
    (treated
    K061 waste)
    AS91-3
    Petition of Peoria Disposal Co. for an Adiusted
    Standard from 35
    Ill. Adm. Code 72l.Subpart D,
    February
    6 and March 11,
    1993.
    (treated F006
    waste)
    AS93-7
    Petition of Keystone Steel
    & Wire Co.
    for an
    Adiusted Standard from 35 Ill. Adm. Code
    721.Subpart D. February 17.
    1994,
    as modified
    March 17.
    1994.
    (treated K062 waste)
    (Source:
    Amended at 18 Iii. Reg.
    ________,
    effective
    ________________________________________)
    3
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify th~tth~,eabove supple~ientalopinion and
    order was adopted on the
    ___________
    day of
    ~
    ,
    1994,
    by a vote of
    ~‘
    .
    /
    1/
    /
    /
    .,
    .A
    1-7.
    /)
    ~
    ~
    ~
    Dorothy N. 9~n, Clerk
    Illinois Po~1utionControl Board

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