FIRST DRAFT (5/6/98 by MJM)

SUMMARY OF TODAY’S ACTION
1. Tabulations of Deviations from the Federal text and

ILLINOIS POLLUTION CONTROL BOARD

April 18, 2002

IN THE MATTER OF:

)

R02-1

RCRA SUBTITLE C UPDATE, USEPA ) (Identical-in-Substance

AMENDMENTS (January 1, 2001 through ) Rulemaking - Land)

June 30, 2001)

)

________________________________________

RCRA SUBTITLE C UPDATE, USEPA ) R02-12

AMENDMENTS (July 1, 2001 through ) (Identical-in-Substance

December 31, 2001, January 22, 2002, ) Rulemaking - Land)

March 13, 2002, and April 9, 2002) )

________________________________________

UIC UPDATE, USEPA AMENDMENTS ) R02-17

(July 1, 2001 through December 31, 2001) ) (Identical-in-Substance

) Rulemaking - Land)

)

(Consolidated)

Adopted Rule. Final Order.

OPINION OF THE BOARD (by S.T. Lawton, Jr.):

SUMMARY OF TODAY’S ACTION

The Board adopts amendments to the Illinois regulations that are “identical in

substance” to cover rules adopted by the United States Environmental Protection Agency

(USEPA) in two programs:

1. Hazardous waste regulations that the United States Environmental Protection Agency

(USEPA) adopted to implement Subtitle C of the federal Resource Conservation and

Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (2000)) are

adopted by the Board under Sections 7.2 and 22.4(a) of the Environmental Protection

Act (Act) (415 ILCS 5/7.2 and 22.4(a) (2000)). Today’s RCRA Subtitle C

amendments adopted by USEPA during the periods January 1, 2001 through June 30,

2001 and July 1, 2001 through December 31, 2001, and amendments that occurred on

January 22, 2002, March 13, 2002, and April 9, 2002.

2. Underground injection control (UIC) regulations that USEPA adopted to implement

Section 1421 of the federal Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h

(2000))are adopted by the Board under Sections 7.2 and 13(c) of the Act (415 ILCS

5/7.2 and 13(c) (2000)). Today’s UIC amendments cover rules adopted by USEPA

during the period July 1, 2001 through December 31, 2001.

These adopted amendments accommodate the concerns of the major public commenters:

USEPA, the Illinois Environmental Protection Agency (Agency), the Illinois Department of

Nuclear Safety (DNS), and the Illinois Environmental Regulatory Group (IERG). The Board

has expedited completion of this rulemaking as requested by the Illinois Environmental

Protection Agency (Agency), and included federal amendments adopted January 22, 2002.

These amendments cover corrective action management units (CAMUs). USEPA stated that it

would implement CAMU rules in Illinois as federal rules by April 22, 2002, unless Illinois can

commit to implement the amendments as State rules by that time. Board adoption of these

rules today allows the Agency to implement the rules.

The Board particularly appreciates the detailed and thoughtful review DNS has given

this rulemaking. Among other things, the USEPA rules raise issues of proper disposal of

wastes which may be covered by federal and state laws and rules for environmental protection

from hazardous waste as well as nuclear safety.

Where possible to do so, the Board made the technical changes suggested by the DNS.

But many of the DNS comments questioned the substantive aspects of the USEPA rules on

which the Board’ identical-in-substance rules must be based. The Board shares the DNS’s

concerns about inconsistencies inthe definition and handling of some types of waste, and its

distaste for confusing or duplicative regulations.

However, the Board cannot today resolve many of these DNS-noted inconsistencies in

this narrow rulemaking. To follow many of the DNS suggestions would lead the Board to

adopt rules that are not “identical-in-substance” to USEPA rules, as this is defined under

Section 7.2 of the Act (415 ILCS 5/7.2 (2000)). The Board can adopt rules more stringent

than the federal RCRA rules, but cannot adopt rules less stringent. The Board can adopt rules

more stringent only in a general rulemaking proceeding under Sections 22.4(b) and 27 of the

Act (415 ILCS 5/22.4(b) and 27 (2000)).

It may be that USEPA is the entity in the best position to resolve any regulatory

inconsistences. In discussing the DNS concerns in this opinion and noting them in the rules,

the Board joins the DNS and the Agency in encouraging USEPA to look again at its rules to

consider addressing any inconsistencies in a federal rulemaking. Of course, after consultation

and consideration of today’s opinion and order, the DNS or the Agency may wish to initiate a

Board rulemaking. If so, the Board will expedite handling of any such regulatory proposal.

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

immediately submit these amendments to the Office of the Secretary of State for filing and for

publication in the

Illinois Register

. To allow for as early an effective date as possible, USEPA

waived its 30-day post-adoption review.

CONSOLIDATION OF DOCKETS RO2-1, R02-12, AND R02-12 AND

ADDITION OF JANUARY 22, 2002 CAMU AMENDMENTS

The Board consolidated its consideration of the R02-1 and R02-12 RCRA Subtitle C

update dockets and the R02-17 UIC update docket in the interests of administrative economy.

There is some overlap in the amendments involved in the R02-1 and R02-12 RCRA Subtitle C

update dockets, and consolidation of those two dockets will allow the timely adoption of all the

amendments involved without co-pendent amendments to any of the provisions involved. The

R02-17 UIC update docket covers the same time period as the R02-12 RCRA Subtitle C update

docket, and the only federal amendments to the UIC regulations involved in docket R02-17

occurred on November 20, 2001, as a segment of a larger federal rulemaking to amend the

RCRA Subtitle C regulations that are involved in docket R02-12. Consolidation of these three

dockets has expedited the amendment of all the regulations involved.

In addition to the consolidation described above, the Board is adopting rules based on

three sets of federal amendments that lie outside the nominal timeframes of the dockets

involved.

1) The Agency filed a request for expedited consideration of then as-yet unpublished

federal amendments on January 9, 2002. PC 3. The federal amendments involved

appeared in the January 22, 2002 issue of the

Federal Register

(at 67 Fed. Reg. 2961).

For the reasons described more fully below (beginning on Page 29), the Board is

granting the Agency’s request and adding these later amendments to the R02-12 docket

for consideration in this consolidated docket. The caption reflects this addition.

2) The Board is including federal amendments published in the March 13, 2002 issue of

the

Federal Register

to this docket. In those amendments, USEPA is responding to the

judicial vacatur in the case, Association of Battery Recyclers, Inc. v. EPA, 208 F.3d

1047 (D.C. Cir. 2000). The Board included amendments in the January 24, 2002

proposal for public comment relating to this case in response to a request from the

Illinois Environmental Regulatory Group (IERG). As is discussed later in this opinion

(beginning below on page 27), expediting the March 13, 2002 federal amendments is

preferable to adoption of the amendments proposed on January 24, 2002 in response to

the IERG request.

3) The Board also included here the corrections adopted by USEPA on April 9, 2002 to

the November 20, 2001 inorganic chemicals production waste rule. Those federal

corrections were limited to the format and appearance of that rule, and did not affect its

substance. Thus, no change was necessary to the text of the inorganic chemicals

production waste rule that the Board proposed on January 24, 2002 based on the April

9, 2002 action.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following briefly summarizes the federal actions considered in this rulemaking.

Docket R02-1: January 1, 2001 through June 30, 2001,

RCRA Subtitle C Amendments

USEPA amended the federal RCRA Subtitle regulations on six occasions during the

period January 1, 2001 through June 30, 2001. Each is summarized below:

66 Fed. Reg. 3466 (Jan. 16, 2001)

By a direct final rule, USEPA approved the use of updated test procedures for

determination of various contaminants in water and wastewater. USEPA amended 40

C.F.R. 136, which is incorporated by reference in 35 Ill. Adm. Code 720.111.

66 Fed. Reg. 24270 (May 14, 2001)

USEPA withdrew segments of the June 19, 1998 (63 Fed. Reg. 33821) hazardous

waste combustor rule. The court in Chemical Manufacturers Assoc. v. EPA, 217 F.3d

861 (D.C. Cir. 2000) had vacated the Notice of Intent to Comply provisions of the

hazardous waste combustor rule. USEPA withdrew the vacated provisions in response

to that decision.

66 Fed. Reg. 26795 (May 15, 2001)

USEPA withdrew its January 16, 2001 (66 Fed. Reg. 3466) direct final rule that

approved the use of updated test procedures for determination of various contaminants

in water and wastewater.

66 Fed. Reg. 27218 (May 16, 2001)

USEPA adopted relaxed requirements for low-level radioactive waste that is mixed with

hazardous waste (LLMW) and enhanced naturally occurring and accelerator-produced

radioactive material (NARM). USEPA adopted a conditional exemption of certain

LLMW from the hazardous waste regulations during storage and treatment, since these

wastes are also subject to regulation under the Atomic Energy Act. USEPA also

exempted LLMW and NARM from the RCRA manifest, transportation, and disposal

requirements when certain conditions are met.

66 Fed. Reg. 27266 (May 16, 2001)

USEPA adopted the retention of the mixture rule and derived-from rule in the

hazardous waste regulations. In retaining the rules, USEPA amended them in two

regards to narrow their scopes. The first amendment is to exclude wastes listed solely

for the characteristics of ignitability, corrosivity, and reactivity. The second

amendment is the conditional exemption of mixed waste (waste that is hazardous waste

and radioactive waste).

66 Fed. Reg. 34374 (June 28, 2001)

USEPA adopted technical amendments and corrections to various of its regulations,

including the hazardous waste rules to update its own mailing addresses. This action

was a follow-up action intended to complete amendments adopted by USEPA on August

2, 2000 (65 Fed. Reg. 47323).

Docket R02-12: July 1, 2001 through December 31, 2001,

RCRA Subtitle C Amendments

USEPA amended the federal RCRA Subtitle C regulations on five occasions during the

period July 1, 2001 through December 31, 2001. Each is summarized below:

66 Fed. Reg. 35087 (July 3, 2001)

USEPA adopted a direct final rule that amended its September 30, 1999 hazardous

waste combustor rule. The amendments affected a segment of the standards applicable

to hazardous waste treatment, storage, and disposal facilities.

66 Fed. Reg. 35379 (July 5, 2001)

USEPA published two memoranda that outline the applicability of the hazardous waste

regulations to spent catalyst wastes removed from dual purpose hydroprocessing

reactors at petroleum refining facilities, and it invited public comment on the

memoranda. The memoranda explain that the wastes fall within the description of

listed hazardous wastes numbered K171 and K172.

66 Fed. Reg. 50332 (Oct. 3, 2001)

USEPA adopted a direct final rule that incorporated two clarifying revisions into the

May 16, 2001 hazardous waste identification rule. The first revision replaces

exemptions from the mixture rule previously inadvertently deleted. The second

revision clarifies that mixtures including certain wastes (“Bevill” wastes

1) and listed

hazardous wastes listed solely for the characteristic of ignitability, reactivity, or

corrosivity (

i.e.

, wastes not listed for toxicity) are no longer hazardous once the

characteristic for which the waste was listed has been removed.

66 Fed. Reg. 52361 (Oct. 15, 2001)

USEPA withdrew segments of its July 3, 2001 direct final rule that amended its

September 30, 1999 hazardous waste combustor rule. Although the withdrawal

affected only air segments of the hazardous waste combustor rule, the air segments are

incorporated into the hazardous waste rules by reference in 35 Ill. Adm. Code 720.111.

1 Section 3001(b)(3)(A)(i) through (b)(3)(A)(iii) of RCRA (42 U.S.C. §§ 6921(b)(3)(A)(i)

through (b)(3)(A)(iii) (1994) are known as the “Bevill exemption.” The wastes exempted are

known as “Bevill” wastes.

See

60 Fed. Reg. 11089 (Mar. 1, 1995).

66 Fed. Reg. 58258 (Nov. 20, 2001)

USEPA adopted new hazardous waste listings (K176, K177, and K178) for three wastes

generated from inorganic chemical manufacturing. With the new waste listings,

USEPA adopted waste treatment standards and land disposal restrictions for the new

wastes.

(See also later-included RCRA amendments described below.)

Docket R02-17: July 1, 2001 through December 31, 2001,

UIC Amendments

USEPA amended the federal UIC regulations on one occasion during the period July 1,

2001 through December 31, 2001. That action is summarized below:

66 Fed. Reg. 58258 (Nov. 20, 2001)

USEPA adopted new hazardous waste listings (K176, K177, and K178) for three wastes

generated from inorganic chemical manufacturing. With the new waste listings,

USEPA adopted waste treatment standards and land disposal restrictions for the new

wastes. This included restrictions on the underground injection of these wastes.

Later RCRA Subtitle C (Hazardous Waste) Amendments Included

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

opinion and accompanying order, USEPA has undertaken amendments to the RCRA Subtitle C

hazardous waste rules since January 1, 2002 that are of direct interest at this time. The

Agency identified one set of amendments to the corrective action management unit (CAMU)

rules on which it has requested immediate action. In another action, USEPA responds to a

judicial decision in Association of Battery Recyclers, Inc. v. EPA, 208 F.3d 1047 (D.C. Cir.

2000) on which IERG has requested action.

When the Board observes an action outside the nominal timeframe of a docket that

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

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

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

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

Board has received a request for expedited consideration. In the January 24, 2002 proposal for

public comment, the Board advised, “If the Board identifies any additional federal actions that

fulfill these criteria prior to final action on the present amendments, the Board may include

those amendments in the present consolidated update docket R02-1, R02-12, and R02-17.”

The following amendments fulfill these criteria.

January 22, 2002 CAMU Amendments

The Agency requested that the Board consider a specific set of federal amendments on

an expedited basis. That set of amendments is the following:

67 Fed. Reg. 2961 (Jan. 22, 2002)

USEPA adopted amendments to the corrective action management unit (CAMU) rules.

These amendments significantly revise the requirements imposed on CAMU units and

on the waste to be managed in a CAMU unit.

The Agency stated that it must notify USEPA within 60 days of the federal adoption of these

amendments (by March 22, 2002), whether the State will be able to implement the rules within

90 days of their adoption (by April 22, 2002). If the State is unable to implement these

amendments, USEPA will implement them. The Agency asserted that concurrent enforcement

by USEPA and the Agency would be disruptive, and it wishes to avoid this situation. The

Agency requested that the Board adopt the January 22, 2002 amendments as soon as possible.

March 13, 2002 Response to Association of Battery Recyclers Judicial Vacatur

The Board received a request from IERG on June 18, 2001 that the Board add language

to the regulations reflecting the vacatur in the case of Association of Battery Recyclers, Inc. v.

EPA, 208 F.3d 1047 (D.C. Cir. 2000) relating to the use of the TCPL on MGP waste.

USEPA later adopted a specific set of federal amendments in response to the decision.

That set of federal amendments is the following:

67 Fed. Reg. 11251 (Mar. 13, 2002)

USEPA adopted amendments to respond to the April 22, 2000 vacaturs in Association

of Battery Recyclers, Inc. v. EPA, 208 F.3d 1047 (D.C. Cir. 2000). USEPA withdrew

language that classified as solid waste those mineral processing wastes that exhibit a

characteristic of hazardous waste and which are reclaimed. USEPA also added

language that prohibits the use of the toxicity characteristic leaching procedure (TCLP)

to determine whether manufactured gas plant (MGP) waste exhibits the characteristic of

toxicity.

The Board has adopted these amendments. The Board has eliminated the proposed Board notes

suggested by the IERG. This is discussed beginning on page 27 of this opinion.

April 9, 2002 Corrections to the November 20, 2001 Inorganic Chemicals Production

Waste Rule

USEPA corrected the November 20, 2001 inorganic chemicals production waste rule on

April 9, 2002. The Board is handling the corrections in this docket because the inorganic

chemicals production waste rule is involved in this proceeding. That set of federal

amendments is the following:

67 Fed. Reg. 17119 (Apr. 9, 2002)

USEPA corrected the November 20, 2002 (66 Fed. Reg. 58258) inorganic chemicals

production waste rule. The corrections were limited to the appearance and format of

the November 20, 2001 amendments to the table to 40 C.F.R. 268.40 entitled,

“Treatment Standards for Hazardous Wastes.” There were no substantive amendments.

The Board has not amended the January 24, 2002 proposal for public comment, as the Board

did not follow the initial federal format.

Other Federal Actions Having a Direct Impact on the

Illinois RCRA Subtitle C and UIC Regulations

In addition to the amendments to the federal RCRA Subtitle C regulations, another set

of federal amendments has an effect on the corresponding Illinois rules. Most notably, 35 Ill.

Adm. Code 720.111 includes several incorporations of federal regulations by reference, and

USEPA has amended 40 C.F.R. 136, which is included among the incorporated references.

The set of federal amendments to 40 C.F.R. 136 is as follows:

66 Fed. Reg. 32774 (June 18, 2001)

USEPA adopted technical corrections to the test procedures for determination of

mercury in water and wastewater. USEPA amended 40 C.F.R. 136, which is

incorporated by reference in 35 Ill. Adm. Code 720.111.

RCRA Subtitle C (Hazardous Waste) and UIC Amendments

on Which No Board Action Is Necessary

Among the listed federal RCRA Subtitle C and UIC amendments examined by the

Board are four on which no Board action is necessary in the present consolidated update docket

R02-1/R02-12/R02-17. Those actions were those of January 16, 2001, May 15, 2001,

June 28, 2001, and July 5, 2001.

The amendments of January 16, 2001 were substantive direct final amendments;

USEPA approved the use of updated test procedures for determination of various contaminants

in water and wastewater. By the action of May 15, 2001, however, USEPA withdrew the

direct final amendments of January 16 in response to significant adverse public comments.

In the action of June 28, 2001, USEPA amended several segments of its various

regulations to update the address of the USEPA headquarters. Included were amendments to

40 C.F.R. 260.11(a)(11); 261, Appendix IX, tables 1 and 2; and 265.1080(f)(2)(viii)(H)(

Thus, there is no counterpart in the Illinois regulations for these three particular segments of

the federal regulations. The document referenced in 40 C.F.R. 260.11(a)(11) is available from

other sources that are listed in the Illinois regulations, obviating an added listing for the “OSW

Methods Team.” The rules in 40 C.F.R. 261, Appendix IX, tables 1 and 2 and

265.1080(f)(2)(viii)(H)(

) pertain only to facilities outside Illinois.

Finally, the federal action of July 5, 2001 did not amend the federal hazardous waste

regulations. Rather, USEPA published two interpretive memoranda relating to the application

of its regulations to certain wastes and invited public comment on that interpretation. The

interpretive memoranda do not warrant amendment of the Illinois hazardous waste regulations.

Summary Listing of the Federal Actions Forming the Basis

of the Board’s Actions in These Consolidated Dockets

Based on the foregoing, the federal actions that form the basis for Board action in this

update docket are as follows, in chronological order:

66 Fed. Reg. 24270 (May 14, 2001)

Withdrawal of segments of the hazardous waste

combustor rule.

66 Fed. Reg. 27218 (May 16, 2001)

Relaxed requirements for low-level radioactive

waste that is mixed with hazardous waste

(LLMW) and enhanced naturally occurring and

accelerator-produced radioactive material

(NARM).

66 Fed. Reg. 27266 (May 16, 2001)

Retention of the mixture rule and derived-from

rule in the hazardous waste regulations, with

amendments to narrow their scopes.

66 Fed. Reg. 32774 (June 18, 2001)

Technical corrections to the test procedures for

determination of mercury in water and

wastewater.

66 Fed. Reg. 35087 (July 3, 2001)

Amendment of the hazardous waste combustor

rule.

66 Fed. Reg. 50332 (Oct. 3, 2001)

Clarifying revisions into the May 16, 2001

hazardous waste identification rule.

66 Fed. Reg. 52361 (Oct. 15, 2001)

Withdrawal of segments of the July 3, 2001

amendments to the hazardous waste combustor

rule.

66 Fed. Reg. 58258 (Nov. 20, 2001)

Hazardous waste listings (K176, K177, and

K178) for three wastes generated from inorganic

chemical manufacturing, with land disposal

restrictions.

67 Fed. Reg. 2961 (Jan. 22, 2002)

Amendments to the CAMU rules.

67 Fed. Reg. 11251 (Mar. 13, 2002)

Response to the judicial vacaturs in the

Association of Battery Recyclers case.

67 Fed. Reg. 17119 (Apr. 9, 2002)

Corrections to the November 20, 2001 inorganic

chemical production waste rule.

PUBLIC COMMENTS

The Board adopted a proposal for public comment in this matter on January 24, 2002.

Notices of Proposed Amendments appeared in the February 22, 2002 and March 1, 2002

issues of the

Illinois Register

. (See 26 Ill. Reg. 2384 (Part 726), 2268 (Part 720), 2257 (Part

703), 2301 (Part 721), 2352 (Part 724), 2403 (Part 728), and 2964 (Part 738)). The Board

received public comments on the proposal for a period of 45 days following the March 1, 2002

publication in the

Illinois Register

. The comment period closed on April 15, 2002.

Pre-Publication Comments

The Board received three public comments prior to the January 24, 2002 proposal for

public comment. Those comments were the following:

PC 1 Illinois Environmental Regulatory Group, June 14, 2001, by Karen L.

Bernoteit, Attorney

PC 2 Nascote Industries, Inc., September 28, 2001, by Jim Evilsizer, Environmental

Engineer

PC 3 Illinois Environmental Protection Agency, January 9, 2002, by Kyle Rominger,

Assistant Counsel

The public comments received prior to the proposal request that the Board take specific

actions. On June 18, 2001, the Board received a request from the Illinois Environmental

Regulatory Group (IERG), docketed as public comment number 1, as described below, that the

Board considers the decision of the federal court in Association of Battery Recyclers, Inc. v.

EPA, 208 F.3d 1047 (D.C. Cir. 2000). IERG asserted that this decision vacated the federal

May 26, 1998 (63 Fed. Reg. 28555) Phase IV land disposal restrictions (LDRs) to the extent

that it requires application of the toxicity characteristic leaching procedure (TCLP) test to

determine whether manufactured gas plant (MGP) waste is hazardous. In response to the

IERG comment, the Board examines the USEPA response to the Association of Battery

Recyclers decision in the discussion that begins on page 27 of this opinion.

In PC 2, Nascote Industries directed the Board’s attention to the federal May 16, 2001

amendments to the hazardous waste identification rule (HWIR). Nascote requested expedited

review of these amendments. The Board grants the request, since those amendments are a part

of this docket. Discussion of the HWIR amendments appears in the segment of the following

discussion that begins on page 14 below.

In PC 3, the Agency requested that the Board take prompt action on a set of USEPA

amendments to the federal CAMU rules that appeared in the January 22, 2002 issue of the

Federal Register

(at 67 Fed. Reg. 2961). The Board granted this request, since it is within the

interest of the State that the Board adopt these amendments as soon as possible. This is in

order to avoid the possible inconsistencies involved in USEPA itself implementing the

amendments while the Agency simultaneously implements the different standards that now

exist in the Illinois rules.

Post-Publication Comments

After the publication of the Notices of Proposed Amendments in the

Illinois Register

the Board received additional comments, as follows:

PC 4 USEPA, Region V, March 4, 2002, by Willie H. Harris, P.E., Chief, Program

Management Branch

PC 5 Illinois Environmental Protection Agency, March 29, 2002, by Susan J.

Schroeder, Associate Counsel

PC 6 Illinois Environmental Regulatory Group, March 27, 2002, by Karen L.

Bernoteit, Attorney

PC 7 Illinois Department of Nuclear Safety, April 4, 2002, by Thomas W. Ortciger,

Director

In PC 4, USEPA, Region V noted that the Chemical Abstract Service (CAS) numbers

were missing from the listing for hazardous waste number K178 that appeared in the January

24, 2002 proposal for public comment. The Board has corrected this omission, as indicated in

the table that begins on page 66 of this opinion. USEPA had no comments on the substance of

the proposal other than the comment relating to the CAS numbers. USEPA also waived its 30-

day post adoption comment period in order to facilitate the soonest possible implementation of

the January 22, 2002 CAMU rule amendments, as is discussed below beginning on page 29.

In PC 5, the Agency further expressed its appreciation that the Board included the

federal amendments of January 22, 2002, to the CAMU rule in this docket. The Agency

reported minor errors in the January 24, 2002 proposal for public comment and responded to

the Board solicitations for comment that appeared in the January 24, 2002 opinion. The

Agency noted a small number of omissions in the text of Table T to Part 728 and in Section

724.654(g). The Board has made the suggested corrections without discussion. The revisions

appear in the table that begins on page 66 of this opinion. Finally, the Agency commented on

the placement and content of the Board note proposed to respond to the federal judicial

decision in the Association of Battery Recyclers case, and the Agency directed the Board’s

attention to the March 13, 2002 USEPA response to that decision. That is discussed beginning

on page 27 of this opinion.

In PC 6, IERG stated that it agreed with the placement and content of the Board notes

pertaining to the Association of Battery Recyclers decision in the January 24, 2002 proposal

for public comment. IERG did not reference the March 13, 2002 USEPA amendments

prompted by the Association of Battery Recyclers decision. The Board considers the IERG

comments in the discussion of the Association of Battery Recyclers decision beginning on page

27 of this opinion.

In PC 7, the Illinois DNS voiced its support for the elimination of duplicative regulation

of nuclear materials. The DNS acknowledged that the January 24, 2002 amendments proposed

by the Board are identical-in-substance to USEPA amendments, but still expressed concerns

over the content of the USEPA rules. The DNS suggested a number of revisions to the May

16, 2001 mixed waste rule. The Board has incorporated the DNS suggestions to the extent

allowed under Section 7.2 of the Act (415 ILCS 5/7.2 (2000)) in this rulemaking. The Board

considers the DNS comments beginning on page 17 of this opinion.

DISCUSSION

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting identical-in-substance rules. It is

followed by a discussion of the amendments and actions undertaken in direct response to the

federal actions involved in this proceeding. This first series of discussions is organized by

federal subject matter, generally appearing in chronological order of the relevant

Federal

Register

notices involved. Finally, this discussion closes with a description of the amendments

and actions that are not directly derived from the federal actions.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some deviation from the

federal text is unavoidable. This deviation arises primarily through differences between the

federal and state regulatory structure and systems. Some deviation also arises through errors

in and problems with the federal text itself. The Board conforms the federal text to the Illinois

rules and regulatory scheme and corrects errors that the Board sees in the text as the Board

engages in these routine update rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds

it necessary to alter the text of various passages of the existing rules as provisions are opened

for update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the

Code of Federal Regulations

to the most recent

version available. As of the date of this opinion, the most recent version of the

Code of

Federal Regulations

available to the Board is the July 1, 2000 version. Thus, the Board has

updated all citations to the 2000 version, adding references to later amendments using their

appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to

make a number of corrections to punctuation, grammar, spelling, and cross-reference format

throughout the opened text. The Board changed “who” to “that” and “he” or “she” to “it,”

where the person to which the regulation referred was not necessarily a natural person, or to

“he or she,” where a natural person was evident; changed “which” to “that” for restrictive

relative clauses; substituted “must” for “shall”; capitalized the section headings and corrected

their format where necessary; and corrected punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout

the Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is

used when an action is required by the rule, without regard to whether the action is required of

the subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday

language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a

break from our former practice where “shall” was used when the subject of a sentence has a

duty to do something. “Will” is used when the Board obliges itself to do something. “May”

is used when choice of a provision is optional. “Or” is used rather than “and/or,” and denotes

“one or both.” “Either . . . or” denotes “one but not both.” “And” denotes “both.”

The Joint Committee on Administrative Rules (JCAR) has requested that the Board

refer to the United States Environmental Protection Agency in the same manner throughout all

of our bodies of regulations—

i.e.

, air, water, drinking water, RCRA Subtitle D (municipal

solid waste landfill), RCRA Subtitle C (hazardous waste), underground injection control

(UIC), etc. The Board has decided to refer to the United States Environmental Protection

Agency as “USEPA.” The Board will continue this conversion in future rulemakings as

additional sections become open to amendment. The Board will further convert “EPA” used in

federal text to “USEPA,” where USEPA is clearly intended.

The Board has assembled tables to aid in the location of these alterations and to briefly

outline their intended purpose. The tables set forth the miscellaneous deviations from the

federal text and corrections to the pre-amended base text of the rules in detail. The tables are

set forth and explained beginning at page 37 of this opinion. There is no further discussion of

most of the deviations and revisions elsewhere in this opinion.

Discussion of Particular Federal Actions

Amendments to the Hazardous Waste Combustor Rule and Hazardous Waste NESHAP—

Sections 703.280, 720.111, and 724.440

On May 14, 2001 (66 Fed. Reg. 24270), USEPA withdrew segments of its June 19,

1998 (63 Fed. Reg. 33783) hazardous waste combustor rule. USEPA undertook this action in

response to the vacatur in Chemical Manufacturers Assoc. v. USEPA, 217 F.3d 861 (D.C.

Cir. 2000). The court vacated certain standards applicable to baghouses and electrostatic

precipitators so that USEPA could solicit further public comments on them. The Board

originally adopted the hazardous waste combustor rule in RCRA Update, USEPA Regulations

(July 1, 1997 through Dec. 31, 1997), RCRA Update, USEPA Regulations (Jan. 1, 1998

through June 30, 1998), UIC Update, USEPA Regulations (Jan. 1, 1998 through June 30,

1998), R98-21/R99-2/R99-7 (Dec. 17, 1998) (consolidated).

On July 3, 2001 (66 Fed. Reg. 35087), USEPA adopted a direct final rule that amended

its September 30, 1999 (64 Fed. Reg. 52828) National Emission Standards for Hazardous Air

Pollutants (NESHAP) applicable to cement kilns, lightweight aggregate kilns, and incinerators

burning hazardous waste. USEPA explained that the amendments improve implementation of

compliance, testing, and monitoring aspects of the rule. On October 15, 2001 (66 Fed. Reg.

52361), USEPA withdrew segments of the hazardous waste combustor NESHAP. The Board

adopted the original September 30, 1999 hazardous waste combustor NESHAPs in RCRA

Subtitle C Update, USEPA Amendments (July 1, 1999 through Dec. 31, 1999) (May 18,

2000), R00-13.

The Board amended the Illinois hazardous waste regulations to correspond with the

May 14, 2001 federal amendments to the hazardous waste combustor rule and the July 3, 2001

and October 15, 2001 amendments to the hazardous waste combustor NESHAP. Many

segments of the federal amendments related to 40 C.F.R. 63, which is the NESHAP part of the

federal air pollution control regulations, which the Board has incorporated by reference in 35

Ill. Adm. Code 720.111 in the Illinois rules. Thus, the Board has updated that incorporation to

include these amendments. These amendments have also resulted in limited changes in the

language of Sections 703.280(j) and 724.440(b). Persons interested in the details of the federal

amendments should consult the May 14, 2001, July 3, 2001 and October 15, 2001 and

Federal

Register

notices.

The Board requests public comment on our incorporation of the May 14, 2001, July 3,

2001, and October 15, 2001 federal corrections.

Hazardous Waste Identification Rule: Mixtures and Derived-From Rule—Section

721.103, Part 726, Subpart N, and Appendix G to Part 728

On May 16, 2001 (66 Fed. Reg. 27218), USEPA amended the mixtures and derived-

from rule of the hazardous waste identification rule (HWIR) as it relates to low-level mixed

waste (LLMW) and technologically enhanced naturally occurring and/or accelerator-produced

material (NARM) mixed with hazardous waste. USEPA stated that new Subpart N to 40

C.F.R. 266 will allow greater flexibility to facilities managing these waste materials. In

essence, the new rules grant facilities that generate LLMW or NARM mixed with hazardous

waste and which meet certain criteria relief from the generally-applicable hazardous waste

management requirements. The relief is in the form of a storage and treatment conditional

exemption or a transportation and disposal conditional exemption. On October 3, 2001 (66

Fed. Reg. 50332), USEPA adopted a direct final rule to restore text inadvertently deleted in

this first set of May 16, 2001 amendments.

Also on May 16, 2001 (66 Fed. Reg. 27266), USEPA amended the mixtures and

derived-from rule as it relates to mixtures of wastes listed solely for the criteria of ignitability,

corrosivity, and/or reactivity.

2 Under the mixture rule, a mixture of waste with a listed

hazardous waste is defined as hazardous waste. Under the derived-from rule, a waste

generated from the treatment, storage, or disposal of a listed hazardous waste is defined as

hazardous waste. Under the May 16, 2001 amendments to the mixture and derived-from rules,

a mixture containing a listed hazardous waste or a material derived from a listed hazardous

waste is no longer defined as hazardous waste if the resulting waste or mixture no longer

exhibits the characteristic for which USEPA listed the waste.

The Board incorporated both sets of the May 16, 2001 HWIR rule amendments with

minimal deviation from the federal text. These first set of amendments (66 Fed. Reg. 27266)

required limited changes to the existing language of Sections 721.103 and Appendix G to Part

728. In place of 40 C.F.R. 261.3(a)(2)(iii), which USEPA removed and marked “reserved,”

the Board has added explanatory language at corresponding 35 Ill. Adm. Code

721.103(a)(2)(C) to avoid renumbering subsections and losing structural parity with the

corresponding federal regulations.

The second set of amendments (66 Fed. Reg. 27266) involved the addition of new

Subpart N to Part 726, which is a significant body of new provisions. The addition of the

Subpart N rules raised a small number of issues that required deviation from the federal text.

The Board considers only the more significant of those issues in this discussion. Many other,

less significant deviations from the literal text of the federal rule are listed and described in the

table that begins at page 37 of this opinion. Persons interested in the details of the federal

amendments should consult the May 16, 2001 and October 3, 2001

Federal Register

notices.

The following discussion will consider only those aspects of the HWIR amendments that

present codification issues.

The first set of issues confronting the Board relates to the style of the new federal

LLMW and NARM rules. USEPA has continued its use of its “user-friendly” style with these

rules. This style is highly colloquial, and it relies heavily on use of a question-and-answer

format and the second person. Examples of this include the section headings, “What

definitions apply to this subpart?” and “How could you lose the conditional exemption for your

LLMW and what action must you take?” The Board has changed all such language to standard

regulatory style in the non-personal third person. (For example, the Board changed the noted

section headings to read “Definitions” and “Loss of a Storage and Treatment Conditional

Exemption and Required Action.”) As the Board has discussed in past opinions, the Board

2 This excludes waste listed for toxicity or acute toxicity. At this time the covered wastes

appear limited to USEPA hazardous waste numbers F003, K044, K045, K047, P009, P042,

P112, U001, U002, U008, U020, U031, U055, U056, U057, U092, U096, U110, U112,

U113, U117, U124, U125, U154, U161, U186, U189, U213, and U239.

believes that the regulations are more clearly understood in the standard regulatory style, and

that there is no need to oversimplify the language.

The second set of issues relates to differences between the federal and state regulatory

systems and to the fact that the Board is tailoring a rule to fit a single State, enabling us to use

more specific language. Various segments of the new Subpart N regulations depend on

concurrent regulation of the radioactive material. The entities that generate LLMW and

NARM are regulated by the federal Nuclear Regulatory Commission (NRC) and the Illinois

DNS. In numerous locations where the Subpart N rules refer to “NRC Agreement States,” the

Board has substituted “Illinois DNS.” The Board retained the many references to the “NRC”

as references to the “federal NRC.” The Board further had to replace a number of references

to state-equivalent nuclear regulations with references to various DNS rules. When the Board

referred to the state statute relating to regulation of nuclear materials and nuclear facilities, the

Board referred to the Radiation Protection Act of 1990 (420 ILCS 40 (2000)). When the

Board had to refer to DNS rules generally, the Board used a reference to 32 Ill. Adm. Code:

Chapter II, Subchapters b and d, which is the body of DNS regulations. Where more specific

regulations were required, the Board referred to 32 Ill. Adm. Code 340 for DNS manifest

requirements, to 32 Ill. Adm. Code 341 for DNS packaging and transportation requirements,

and to 32 Ill. Adm. Code 606 for DNS low-level radioactive waste disposal facility

requirements.

A third set of codification issues relates to differences in the federal and Illinois

regulatory schemes wherein the environmental functions are divided between the Board and the

Agency. Under the federal scheme there is a single regulatory agency that establishes the

regulations, implements them, grants necessary permits, and grants relief from the regulations.

That is USEPA. These functions are divided in Illinois. Under the Illinois regulatory scheme,

the Board establishes the environmental standards for the State by regulation, and the Agency

implements them by,

inter alia

, granting permits. If relief from the general regulations is

warranted, it is the Board that makes that determination and allows deviation from the

generally applicable statewide standards.

3 Where flexibility is needed in implementing

regulations, the Board establishes standards for Agency decision-making within the rules, so

that the Agency can make any requisite determinations and itself establish the criteria needed to

implement the federal rule within the Illinois regulatory framework. (

See

Granite City

Division of National Steel Co. v. PCB, 155 Ill. 2d 149, 613 N.E.2d 719 (1993) (considering

whether Board regulations were an unlawful delegation of rulemaking authority).) This vests

the discretion in the Agency to make the requisite preliminary determinations, it does not allow

the Agency the further discretion whether or not to implement the standard embodied in the

rule. The Board must make decisions of the types delegated to it by the Act.

3 The Board may grant a variance, under Sections 35 through 38 of the Act (415 ILCS 5/35-38

(2000)); establish an adjusted standard, under Section 28.2 of the Act (415 ILCS 5/28.1

(2000)); or adopt a site-specific regulation, under Sections 22.4, 27, and 28 of the Act (415

ILCS 5/22.4, 27, and 28 (2000)).

Under the federal Subpart N regulations, there are two conditional exemptions

applicable to the storage and treatment of the affected wastes and to their transportation and

disposal. The regulations are structured so that provisions relating to each type are established

separately in successive groups of rules. Both of the exemptions are conditional, and each may

be lost and restored by specific actions. Under 40 C.F.R. 266.240(a) and 266.355(a) of the

federal rules (corresponding with 35 Ill. Adm. Code 726.340(a) and 726.455(a)), the

exemptions are automatically lost when the waste generator fails to comply with the conditions

applicable to each type of exemption. This automatic loss of the exemptions presented the

Board with no challenges in codification. Codification issues arise, however, relative to non-

automatic termination of the exemptions, both of which require an exercise of State discretion.

Issues arise with regard to State termination of the conditional exemptions because the

termination is at the discretion of the agency overseeing compliance with the regulations.

There are two types of State termination. The first is termination for non-compliance, while

the second appears more like a disallowance of restoration of the exemptions.

The federal rules, in 40 C.F.R. 266.240(b) and 266.355(b) (corresponding with 35 Ill.

Adm. Code 726.340(b) and 726.455(b)) provide that “we may terminate your conditional

exemption . . . for serious or repeated noncompliance with any requirement(s) of subpart N or

this part.” The only context where permission to revoke an action allowed by rule or permit

can be discontinued in Illinois is in the context of an enforcement action. There is no other

mechanism by which either the Board or the Agency may terminate an allowed activity. Thus,

the Board has codified the pertinent segments of the rules as follows: “The Board may, by an

order issued in an enforcement proceeding against the generator, terminate the generator’s

conditional exemption . . . .” This mechanism is a bit more cumbersome than the simple

exercise of discretion allowed USEPA under the federal system, but it is the only mechanism

for discretionary termination that the Board can presently envision as comporting with the

Illinois statutory scheme for regulation.

The federal rules, in 40 C.F.R. 266.245(a) and 266.360(a) (corresponding with 35 Ill.

Adm. Code 726.345(a) and 726.460(a)) provide for what appears automatic restoration of the

two types of conditional exemptions. Under these provisions, the waste generator may reclaim

the conditional exemptions when it has fulfilled certain conditions and sent a specific notice to

the State. 40 C.F.R. 266.245(b) and 266.360(b) (corresponding with 35 Ill. Adm. Code

726.345(b) and 726.460(b)) provide that “we may terminate a reclaimed conditional exemption

if we find that your claim is inappropriate based on factors . . . .” Since the generator is

required to submit what is essentially an application to the State for review, the Board does not

believe that this is an appropriate context to require an exercise of Board discretion. Rather,

the Board believes that the determination to disallow reclamation of the exemption is more in

the nature of a decision to issue a permit. Thus, the Board drafted the rule so that the Agency

is to determine whether to terminate a reclaimed conditional exemption under Section 39 of the

Act, subject to Board review under Section 40.

The Board requested public comment on our incorporation of the May 16, 2001 federal

amendments and the federal October 3, 2001 corrections. The Board requested specific

comment on our selection of the various DNS regulations cited in the regulations. The Board

also requested specific comment on our rendering of the discretionary termination of the

conditional exemption as a Board decision made in the context of an enforcement action and

the discretionary disallowance of a reclaimed conditional exemption as an Agency decision in

the nature of a permit determination.

Responses to DNS Comments

The only comments received by the Board relating to the May 16, 2001 mixed waste

rule were from the Illinois DNS. The Board has made a number of revisions to the text of the

amendments in response to those comments. Those revisions are itemized in the table that

begins on page 66 of this opinion. Some of the DNS comments, and the revisions made in

response, warrant specific discussion here.

In PC 7, the Illinois DNS recommended a number of revisions to the January 24, 2002

proposal for public comment. The DNS acknowledged that the proposed amendments were

identical-in-substance to the May 16, 2001 federal amendments, but DNS stated that the

regulatory approach taken by USEPA “reflects a more complicated approach to that taken by

[DNS].” PC 7 at pages 1-2.

Principally, DNS notes that there is a single significant difference between the USEPA

mixed-waste rule and Illinois DNS regulations, and that difference pertains to NARM waste.

USEPA designates “mixed waste” as waste that contains both RCRA hazardous waste and

source, special nuclear, or byproduct material,

4 which excludes NARM. The Illinois statutes

relating to radioactive waste, principally section 3(l) of the Illinois Low-Level Radioactive

Waste Management Act (420 ILCS 20/3(l) (2000)) and Section 606.20(h) of the DNS

regulations (32 Ill. Adm. Code 606.20(h) (2000), define “mixed waste” as containing RCRA

hazardous waste and low-level radioactive waste, as defined under Section 3(k) of the Illinois

Low-Level Radioactive Waste Management Act (420 ILCS 20/3(k) (2000)), Article II(k) of the

Central Midwest Interstate Low-Level Radioactive Waste Compact Act (45 ILCS 140/1,

Article II(k) (2000)), and Section 606.20(g) of the DNS regulations (32 Ill. Adm. Code

606.20(g) (2000)). The State definition essentially includes NARM. The DNS observed that

NARM is regulated somewhat differently in various areas of the country, and concluded, “The

Department does not have a basis to assert that the semantical differences in the regulation of

mixed NARM waste in any way endanger the public health and safety.” PC 7 at pages 1-2.

4 Section 11(z) of the federal Atomic Energy Act of 1954 (42 U.S.C. § 2014(z) (1994)) defines

source material as uranium, thorium, or any other material designated by the federal NRC to

be source material. Section 11(aa) (42 U.S.C. § 2014(aa) (1994)) defines as special nuclear

material plutonium, uranium enriched in U

233 or U

235, and any other material determined by the

NRC, but not including source material. Section 11(e) (42 U.S.C. § 2014(e) (1994)) defines

by-product material as any material made radioactive by exposure to radiation incident to

producing or using special nuclear material and the tailing or wastes produced by extraction or

concentration of uranium or thorium from ore.

The Illinois DNS observed that its own regulations and those of the federal NRC

include “exempt concentrations, exempt quantities and exempt items” and exemptions from

disposal requirements. PC 7 at page 2, citing 32 Ill. Adm. Code 330.30, 330.40 and

340.Subpart K. The DNS stated, “It is unclear how the Board’s proposed rules would affect

materials that fall within the definition of ‘low-level radioactive waste’ but are also exempt

from licensing requirements under the Department’s and NRC’s rules.” The DNS suggested

that the Board could clarify this.

Before addressing the specific recommendations of the DNS, the Board addresses the

fundamental basis for most of the DNS comments outlined above, namely the context of the

USEPA rules. The Board cannot lawfully change the substance of the rules, as set forth by

USEPA, in the context of this proceeding. As the DNS acknowledged, the proposed mixed

waste rule amendments are intended to be identical-in-substance to the corresponding May 16,

2001 federal amendments. Under the mandate of Sections 7.2 and 22.4(a) of the Act (415

ILCS 5/7.2 and 22.4(a) (2000)), the Board must incorporate amendments that are identical-in-

substance to the underlying federal amendments. To this end, the Board is constrained to

adopt the literal language of the corresponding federal amendments with only minimal

deviation. (415 ILCS 5/7.2(a) (2000).) The Board reviews the substance of the underlying

federal regulations only to the extent that it is necessary to correctly incorporate the substance

of the federal requirements into the Illinois regulations. Deviations from the substance of the

federal requirements can only be proposed and adopted in a general rulemaking proceeding

under Sections 22.4(b) and 27 of the Act (415 ILCS 5/22.4(b) and 27 (2000)). The Board

cannot substantively deviate from USEPA regulatory action in the context of an identical-in-

substance rulemaking proceeding.

USEPA stated that the May 16, 2001 amendments to the mixed waste rule were

intended in part to reduce dual regulation of the affected wastes. (67 Fed. Reg. 27218, 27221

(May 16, 2001).) Thus, the conditional exemptions for mixed waste would apply where the

waste meets the USEPA definitions and conditions, as codified in the Illinois hazardous waste

regulations. In the instance of a storage and treatment conditional exemption, under the

federally derived language, the wastes would include only low-level mixed waste that is

regulated under a federal NRC or Illinois DNS license. (35 Ill. Adm. Code 726.325, as added

in this proceeding.) The Illinois DNS is correct in its observation that the federally derived

rule would exclude NARM waste, since the operative definition of “low-level mixed waste” is

that of Section 726.310, and that this definition does not include NARM waste. This identical-

in-substance definition conflicts with the other Illinois laws and regulations cited by the DNS

that are more directly related to radioactive materials. Thus, NARM waste appears ineligible

for this conditional exemption, and it must be concurrently regulated under NRC/DNS

regulations and the hazardous waste rules. The situation is different for the transportation and

disposal conditional exemption, since federally-derived Section 726.410 expressly includes

NARM waste for that conditional exemption.

The Board agrees that this distinction between the definition of “mixed waste” for the

purposes of the conditional storage and treatment exemption from hazardous waste regulation

conflicts with the definition of the same term under the nuclear safety rules. The Board agrees

that the definition of “mixed waste” is central to the determination of what waste is eligible for

the conditional exemption. The Board can further agree that undesirable confusion could result

because this definition differs from the definition already assigned the term in the nuclear

safety regulations. But, this is the definition that USEPA has chosen, and the Board regrets

that the Board cannot change the definition in this proceeding. The only context in which the

Board could consider such a substantive change to the definition would be in the context of a

general rulemaking under Sections 22.4(b) and 27 of the Act (415 ILCS 5/22.4(b) and 27

(2000)).

With regard to the DNS concerns expressed relating to the exemptions in its own and

federal NRC regulations, the Board agrees that clarification by USEPA is desirable. The

storage and treatment conditional exemption of Section 726.325 is conditioned in significant

part on the waste being “generated and managed by a person under a single federal NRC or

Illinois DNS license.” (35 Ill. Adm. Code 726.325, as added in this proceeding.) The Board

reads the “generated and managed” as indicating that the qualifying waste-related activity itself

is subject to the regulations, and not in the general sense that the generator itself is somehow

generally subject to NRC or DNS regulation. Similarly, the transportation and disposal

conditional exemption of Sections 726.410 and 726.415 is conditioned on the generator

manifesting and transporting the waste under NRC or DNS regulations (35 Ill. Adm. Code

726.415(c), as added in this proceeding) and the waste being disposed in a designated low-level

radioactive waste disposal facility, that is regulated by the NRC or the DNS. (35 Ill. Adm.

Code 726.410(d) and 726.435, as added in this proceeding.) Thus, the federally-derived

conditional exemptions would appear to be inapplicable to wastes that qualify for some

exemption under NRC and DNS regulations, but USEPA would best clarify this point.

The Illinois DNS suggested changes to the rules to make the federally-derived rules

agree more closely with DNS regulations and Illinois laws relating to radioactive waste. The

DNS further suggested other changes to make the federally-derived rules more internally

consistent. The following discussions consider each of the DNS-recommended revisions and

the Board’s response to each:

1. The Definition of “DNS” in Section 726.310

The DNS asserts that the definition does not recognize that the DNS is also responsible

under the Illinois Low-Level Radioactive Waste Management Act (420 ILCS 20 (2000)) for

regulating materials not regulated by the federal NRC. The DNS suggested that the Board

change “under an agreement with the federal Nuclear Regulatory Commission” to read “in

accordance with an agreement between the State and the federal Nuclear Regulatory

Commission.” The Board has incorporated this suggestion. The DNS also recommended that

the Board add the following language at the end of the definition: “and for regulating

radioactive materials not licensed by the NRC in accordance with the Radiation Protection Act

of 1990.” The Board has declined to add this language, since defining the scope of the DNS’s

mission is not necessary, and references to materials that are not embraced by the conditional

exemptions might create confusion relating to the applicability of the exemptions to those other

regulated materials. The Board has instead added a Board note explaining the fact that the

DNS regulates materials under the Radiation Protection Act of 1990 that are not licensed by

the federal NRC.

2. Inclusion of Addresses for Notices in the Definitions of “DNS” and “NRC” in Section

726.310

The DNS suggested that the Board should include the address of the federal NRC

somewhere in the rules to facilitate submission of required notices under the rules. The Board

has added the address of the NRC Region III in a Board note appended to the definition of

“NRC” in Section 726.310. The Board used the address as set forth in the NRC regulations at

10 CFR 1.5 (2002). The Board has similarly added the main address of the DNS, as it appears

on the DNS letterhead in PC 7 to the Board note appended to the definition of “DNS.”

3. The Definition of “Eligible NARM” in Section 726.310

The DNS asserts that the definition of “eligible naturally occurring or accelerator-

produced radioactive material” (eligible NARM) does not recognize that disposal of this

material might occur in another state. The DNS states that the only facility that accepts mixed

NARM at present is in Utah. The DNS also highlights that the Board note attached to the

definition should reference subchapter d of 32 Ill. Adm. Code Chapter II, Subchapter b. The

Board has incorporated both DNS suggestions into the definition and its attached Board note,

but the Board has added the word “equivalent” before the DNS-suggested “regulations of a

licensing agency in another state.” The Board notes that the DNS-suggested definition

excluded the words “low-level radioactive waste” that appear before “disposal facility” in the

federally derived definition. The Board attributes this omission to inadvertence and does not

interpret this a a suggestion for further revision.

4. The Definition of “low-level radioactive waste” in Section 726.310

The DNS highlights that the USEPA and Board definition differs from the definition of

the same term under section 3(k) of the Illinois Low-Level Radioactive Waste Management Act

(420 ILCS 20/3(k) (2000)), Article II(k) of the Central Midwest Interstate Low-Level

Radioactive Waste Compact Act (45 ILCS 140/1, Article II(k) (2000)), and 32 Ill. Adm. Code

606.20(g) (2000) of the DNS regulations. Those basically define low-level radioactive waste

as radioactive waste that is not (1) high-level radioactive waste, (2) transuranic waste, (3) spent

nuclear fuel, or (4) byproduct material, as such are defined in section 11 of the federal Atomic

Energy Act of 1954 (42 U.S.C. 2014).

The Board acknowledges that this important definition is different in the USEPA-

derived regulation than it appears in the rules cited by the DNS. However, for the reasons

noted above in the discussion above relating to the scope of the Board’s identical-in-substance

mandate, the Board cannot substantively alter the definition in this proceeding. The Board has

instead added a Board note explaining the fact that the definition of “low-level radioactive

waste” differs from the definitions of this term under section 3(k) of the Illinois Low-Level

Radioactive Waste Management Act (420 ILCS 20/3(k) (2000)), Article II(k) of the Central

Midwest Interstate Low-Level Radioactive Waste Compact Act (45 ILCS 140/1, Article II(k)

(2000)), and 32 Ill. Adm. Code 606.20(g) (2000) of the DNS regulations.

5. The Definition of “mixed waste” in Section 726.310

The DNS highlights that this definition differs from the definition of the same term

under section 3(l) of the Illinois Low-Level Radioactive Waste Management Act (420 ILCS

20/3(k) (2000)) and 32 Ill. Adm. Code 606.20(h) (2000) of the DNS regulations. Those

basically define mixed waste as a mixture of RCRA hazardous waste and low-level radioactive

waste, as that is defined under the Illinois Low-Level Radioactive Waste Management Act.

The Board acknowledges that this important definition is different in the USEPA-

derived regulation than it appears in the rules cited by the DNS. However, for the reasons

noted above in the discussion above relating to the scope of the Board’s identical-in-substance

mandate, the Board cannot substantively alter the definition in this proceeding. The Board has

instead added a Board note explaining the fact that the definition of “mixed waste” differs from

the definitions of this term under section 3(l) of the Illinois Low-Level Radioactive Waste

Management Act (420 ILCS 20/3(l) (2000)) and 32 Ill. Adm. Code 606.20(h) (2000) of the

DNS regulations.

6. The Definition of “NARM” in Section 726.310

The DNS highlights that the definition of “naturally occurring or accelerator-produced

radioactive material” (NARM) should reference subchapter d of 32 Ill. Adm. Code Chapter II,

Subchapter b. The Board has incorporated this DNS suggestion.

7. The Scope of the Storage and Treatment Conditional Exemption in Section 726.325

The DNS pointed out that under this provision only low-level radioactive waste is

eligible for the storage and treatment conditional exemption, NARM waste is not. The DNS

considers mixed waste to include NARM waste. The DNS suggested that the Board might

want to eventually consider deeming NARM waste as eligible for the storage and treatment

conditional exemption.

As discussed above, considering the inclusion of NARM for this conditional exemption

is beyond the scope of the Board’s identical-in-substance mandate. The Board might one day

consider the inclusion of NARM waste in a more appropriate context. The Board would

welcome any DNS proposal in this area.

8. Notice to the NDS of Claiming a Storage and Treatment Conditional Exemption in

Section 726.330

The DNS noted that the federally derived rule in the January 24, 2002 proposal for

public comment was inconsistent as to when it required notice of various events to the DNS.

The DNS requested that the rule require notice to the DNS of a claim of a storage and

treatment conditional exemption.

The Board has added the DNS-requested language to require the notice to the DNS.

9. Notice to the DNS of Loss of a Storage and Treatment Conditional Exemption in

Section 726.340

The DNS cited this as a second example where the January 24, 2002 proposal for

public comment was inconsistent as to when it required notice to the DNS. The DNS

requested that the rule require notice to the DNS of the loss a storage and treatment conditional

exemption.

The Board has added the DNS-requested language to require the notice to the DNS.

10. An Applicability of a Transportation and Disposal Conditional Exemption to NARM

Waste in Section 726.410

The DNS noted that the eligibility provision applicable to a transportation and disposal

conditional exemption makes express reference to NARM waste. The DNS states that because

it includes NARM as low-level radioactive waste, it does not use the separate concept of

NARM waste.

As discussed above, considering elimination of the express reference to NARM waste is

beyond the scope of the Board’s identical-in-substance mandate. The Board might one day

consider the inclusion of NARM waste in a more appropriate context. The Board would

welcome any DNS proposal in this area.

11. Correct the Citation to “10 C.F.R. 71.5” in Section 726.425

The DNS noted that the Board improperly cited a federal regulation as 10 C.F.R. 1.5.”

This was corrected to “10 C.F.R. 71.5.”

12. An Effectiveness of a Transportation and Disposal Conditional Exemption in Other

States in Section 726.430

The DNS noted that, in the January 24, 2002 proposal for public comment, the

effectiveness of a transportation and disposal conditional exemption was limited to where the

waste was bound for a facility licensed by the federal NRC or by the Illinois DNS. The DNS

states, “There is no reason that the exemption should not be effective if the vehicle is destined

for a facility duly licensed by a state agency in another state.” PC 7 at page 7.

The Board agrees, and the adopted language is changed to include the added language

suggested by the DNS.

13. Disposal of Conditionally Exempt Wastes in Other States in Section 726.435

The DNS noted that in the January 24, 2002 proposal for public comment the the

disposal of conditionally exempt waste was limited to a facility licensed by the federal NRC or

by the Illinois DNS. The DNS states, “There is not to allow the waste to be disposed of at a

facility duly licensed by a state agency in another state.” PC 7 at page 7. The DNS also

highlights that the Board note attached to the definition should reference subchapter d of 32 Ill.

Adm. Code Chapter II, Subchapter b.

The Board has incorporated both DNS suggestions, and the adopted language is

changed to include the added language suggested by the DNS.

14. Notice to the DNS of Claim of a Transportation and Disposal Conditional Exemption

in Section 726.445

The DNS cited this as a third example where the January 24, 2002 proposal for public

comment was inconsistent as to when it required notice to the DNS. The DNS requested that

the rule require notice to the DNS of a claim of a transportation and disposal conditional

exemption.

The Board has added the DNS-requested language to require the notice to the DNS.

15. Notice to the DNS of the Loss of a Transportation and Disposal Conditional

Exemption in Section 726.455

The DNS cited this as a fourth example where the January 24, 2002 proposal for public

comment was inconsistent as to when it required notice to the DNS. The DNS requested that

the rule require notice to the DNS of the loss of a transportation and disposal conditional

exemption.

The Board has added the DNS-requested language to require the notice to the DNS.

16. Notice to the DNS of Reclaiming a Lost Transportation and Disposal Conditional

Exemption in Section 726.455

The DNS cited this as a fifth example where the January 24, 2002 proposal for public

comment was inconsistent as to when it required notice to the DNS. The DNS requested that

the rule require notice to the DNS of reclaiming a lost transportation and disposal conditional

exemption.

The Board has added the DNS-requested language to require the notice to the DNS.

17. Uniform Use of the Phrase “Source, Byproduct, or Special Nuclear Material in

Section 726.310

The DNS noted that the January 24, 2002 proposal for public comment variably used

“byproduct, source, or special nuclear material” and “source, special nuclear, or byproduct

material.” The DNS stated that it prefers the use of “source, byproduct, or special nuclear

material,” as used under the federal Atomic Energy Act of 1954 (42 U.S.C. 2012 (2000).

The Board has followed the DNS suggested language where the phrase appears in the

Section 726.310 definitions of “low-level radioactive waste,” “mixed waste,” and “naturally

occurring or accelerator-produced radioactive material.” In making this change, however, the

Board maintained consistent with all other occurrences the word elsewhere in the hazardous

waste regulations, and the Board hyphenated “by-product.” The Board further examined the

text of all the rules involved in this proceeding and found an occurrence of the phrase “source,

special nuclear, or by-product material,” which was changed to appear as “source, by-product,

or special nuclear material,” as suggested by the DNS.

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

720.111

On June 18, 2001, (66 Fed. Reg. 32774), USEPA amended its “Guidelines

Establishing Test Procedures for the Analysis of Pollutants” to make technical corrections to

clarify the use of filed blanks for mercury testing under the federal Clean Water Act (33

U.S.C. 1251

et seq.

(2000)). Specifically, USEPA revised Method 1631, Revision B, which

USEPA has incorporated by reference in 40 C.F.R. 136.3. The Board has incorporated the

methods of 40 C.F.R. 136 into the hazardous waste regulations by reference in Section

720.111(b).

The Board has incorporated the federal amendments into the Illinois hazardous waste

regulations by updating the incorporation of 40 C.F.R. 136 by reference. This required the

Board to update the version of 40 C.F.R. 136 incorporated by reference at 35 Ill. Adm. Code

720.111 by adding a reference to the June 18, 2001

Federal Register

notice of adopted

amendments at 66 Fed. Reg. 32774. Persons interested in the substance of the underlying

federal action should refer to the notice that appeared in the June 18, 2001 issue of the

Federal

Register

The Board requested public comment on the incorporation of the June 18, 2001 federal

revisions to Method 1631, Revision B into the Illinois hazardous waste regulations. The Board

received no comments on this aspect of the proposal for public comment.

Inorganic Chemical Manufacturing Wastes—Sections 721.104, 721.132, 721.App. G,

728.136, 728.Table T, and 738.118

On November 20, 2001 (66 Fed. Reg. 58258), USEPA listed three new wastes from

inorganic chemical manufacturing processes as hazardous wastes. Two of the three new listed

wastes (USEPA hazardous waste numbers K176 and K177) are wastes from the production of

antimony oxide. The third waste (USEPA hazardous waste number K178) is from the

production of ferric chloride from production of titanium dioxide using the ilmenite process.

With the three new listed wastes are corresponding treatment standards and LDRs, including

restrictions on underground injection of the wastes.

The Board incorporated the November 20, 2001 inorganic chemicals production wastes

listings and LDRs with minimal deviation from the federal text. Persons interested in the

details of the federal amendments should consult the November 8, 2000

Federal Register

notice. The following discussion will consider only those aspects of the HWIR amendments

that present codification issues. Many other, less significant deviations from the literal text of

the federal rule are listed and described in the table that begins at page 37 of this opinion.

The Board found it necessary to add a Board note to Section 721.104(b)(15)(A) to

indicate the effective dates of the waste listings set forth. Section 721.104(b)(15)(A) lists

various conditions that leachate or gas condensate must fulfill in order to be excluded from

regulation as hazardous waste. Subsection (b)(15)(A)(i) provides that the waste meet one or

more of the listed waste descriptions if it “had been generated after the effective date of the

listing,” and subsection (b)(15)(A)(ii) provides that the wastes “were disposed of prior to the

effective date of the listing.” Previously, the only wastes listed in subsection (b)(15)(A)(i) for

exclusion were USEPA hazardous wastes numbered K169, K170, K171, and K172. The

effective date of the listings for these wastes was parenthetically added to the end of subsection

(b)(15)(A)(i) as January 19, 1999. In the November 20, 2001 amendments, USEPA added

USEPA hazardous wastes numbered K174, K175, K176, K177, and K178 to the list of wastes

eligible for exclusion. This has caused us to re-examine of the language of subsection

(b)(15)(A)(i).

There are now multiple effective dates for various groups of the waste listings set forth

in Section 721.104(b)(15)(A)(i). USPEA adopted the K169, K170, K171, and K172 waste

listings on August 6, 1998 (63 Fed. Reg. 42110), with an effective date of February 8, 1999.

USEPA adopted the K174 and K175 waste listings on November 8, 2000 (65 Fed. Reg.

67068), with an effective date of May 7, 2001. USEPA adopted the K176, K177, and K178

waste listings in the November 20, 2001 (66 Fed. Reg. 58258) amendments, with an effective

date of May 20, 2002. The Board has chosen to tabulate the hazardous waste listing effective

dates at subsection (b)(15)(A)(i) as follows:

b) Solid wastes that are not hazardous wastes. The following solid wastes are not

hazardous wastes:

* * *

15) Leachate or gas condensate collected from landfills where certain solid

wastes have been disposed of, under certain circumstances:

A) The following conditions must be fulfilled:

i) The solid wastes disposed of would meet one or more of

the listing descriptions for the following USEPA

hazardous waste numbers that is generated after the

effective date listed for the waste:

USEPA Hazardous Waste

Numbers

Listing Effective

Date

K169, K170, K171, and K172

ii) The solid wastes described in subsection (b)(15)(A)(i) of

this Section were disposed of prior to the effective date of

the listing (as set forth in that subsection);

The Board requested specific comment on the incorporation of the federal effective

dates for the waste listings into the Illinois regulations. The Board received no comments on

the segments of the proposal for public comment relating to the federal November 20, 2001

inorganic chemical production waste rule.

USEPA corrected the November 20, 2001 inorganic chemicals production waste rule on

April 9, 2002 (67 Fed. Reg. 17119). The corrections were limited to the appearance and

format of the November 20, 2001 amendments to the table to 40 C.F.R. 268.40 entitled,

“Treatment Standards for Hazardous Wastes.” The USEPA corrections are limited to the

hazardous waste listings for K176, K177, and K178 wastes, and they were limited to the

regulated hazardous constituent column headings and the alignment of and appearance of the

names for the entries for 1,2,3,4,6,7,8-HpCDD and 1,2,3,4,6,7,8-HpCDF. The Board did not

need to change the Illinois rules, since the January 24, 2002 proposal for public comment did

not include the federal format errors.

The Association of Battery Recyclers Decision—Sections 721.102, 721.104, and 728.134(a)

On March 13, 2002, USEPA amended its rules in response to the federal court’s

decision in Association of Battery Recyclers, Inc. v. EPA, 208 F.3d 1047 (D.C. Cir. 2000).

That decision vacated two segments of the federal May 26, 1998 (63 Fed. Reg. 28555) Phase

IV land disposal restrictions (LDR) rule.

5 In response to the judicial decision, USEPA deleted

language in the definition of solid waste that classified as solid waste certain characteristic

mineral processing wastes that are reclaimed. USEPA also amended the rule to reflect the fact

that use of the toxicity characteristic leaching procedure (TCLP) test is not allowed to

determine whether manufactured gas plant (MGP) waste is hazardous.

In PC 1, IERG drew the Board’s attention to the aspects of the Association of Battery

Recyclers decision that related to use of the TCLP test on MGP waste. IERG acknowledged

that USEPA had then not yet amended its regulations in response to the Association of Battery

Recyclers decision, but it pointed out that USEPA is bound by the court’s determination.

IERG urged the Board to amend the Illinois regulations consistent with the court decision.

IERG suggested that a statement appended to the rule to the effect that the Board considers a

federal judicial decision binding as to derivative Illinois regulations.

In the January 24, 2002 proposal for public comment, the Board proposed to add a

Board note relating the result of the Association of Battery Recyclers decision, but omitting the

final sentence of the text submitted by IERG. At this time, to include the March 13, 2002

USEPA amendments, the Board deletes the proposed Board note and instead amends Section

261.24. The Board believes that this action fulfills IERG’s request.

Another issue confronted the Association of Battery Recyclers court. That was whether

USEPA properly defined “solid waste” as it relates to materials generated and reclaimed within

the primary mineral processing industry. This issue did not relate to MGP. In the Phase IV

LDR rule (63 Fed. Reg. 28555 (May 26, 1998)), USEPA added a conditional exclusion of

MGP waste from the definition of solid waste at 40 C.F.R. 261.4(a)(17). USEPA provided in

this subsection and in 40 C.F.R. 261.2(c)(3) that reclaimed mineral processing secondary

materials are not solid waste if they meet certain conditions. Those conditions were the

following: (1) the material must be legitimately recycled, (2) the material must not be

accumulated speculatively, and (3) the material must be stored in tanks, containers, or

buildings that meet certain requirements intended to prevent the escape of constituents into the

environment.

The Association of Battery Recyclers court observed that the dividing line between what

was waste and what was not waste was the manner of storage, not whether the material was

“discarded material,” as such is central to the definition of “solid waste” under RCRA. (See

42 U.S.C. 6903(27).) According to the court, USEPA erred when it included material

destined for reuse within the ambit of what is considered “discarded material,” which can

constitute solid waste. (208 F.3d at 1053.) The court vacated the parenthetical reference in 40

C.F.R. 261.2(c)(3) that read “except as provided under 40 CFR 261.4(a)(17)” and ordered

5 The Board adopted the federal Phase IV LDRs in RCRA Update, USEPA Regulations

(July 1, 1997 through December 31, 1997), R98-21 (Dec. 17, 1998), RCRA Update, USEPA

Regulations (January 1, 1998 through June 30, 1998), R99-2 (Dec. 17, 1998), UIC Update,

USEPA Regulations (January 1, 1998 through June 30, 1998), R99-7 (Dec. 17, 1998)

(consolidated).

USEPA to define “solid waste” consistent with its opinion. (208 F.3d at 1060.) The basic

effect of this decision is that reclaimed mineral processing secondary materials are not solid

waste.

Although the Board received no request to respond to this aspect of the Association of

Battery Recyclers decision, the Board added Board notes to the January 24, 2002 proposal for

public comment that would have done so. Since that time, USEPA amended 40 C.F.R.

261.2(c)(3) and 261.4(a)(17) in response to the Association of Battery Recyclers decision. In

adopting these amendments, the Board has dropped the Board notes included in the January 24,

2002 proposal for public comment and replaced them with amendments to Sections

721.102(c)(3) and 721.104(a)(17) to correspond with the federal amendments of March 13,

2002.

The Board requested comment on the notes added to the text of the rules in response to

our review of the Association of Battery Recyclers decision. The Agency and IERG both

submitted comments supporting the content and placement of the Board notes added to the

proposal for public comment, and the Agency directed the Board’s attention to the federal

action of March 13, 2002 to amend the regulations in response to the Association of Battery

Recyclers decision. As is explained in the foregoing discussion, the Board has replaced the

Board notes included in the proposal for public comment with the federal amendments of

March 13, 2002.

Amendment of the CAMU Rules—Sections 720.110 and Subpart S to Part 724

On January 22, 2002 (67 Fed. Reg. 2961), USEPA adopted amendments to the

corrective action management unit (CAMU) rules. USEPA stated that these amendments

revised the CAMU rules in six ways: (1) they added a definition of waste that is distinct from

remediation waste which is subject to the CAMU rules, (2) they establish more detailed

minimum design standards for CAMUs in which waste will remain after closure, (3) they

institute treatment standards for waste placed in a CAMU, (4) they require more detailed

information for a CAMU application and require opportunity for public comment and

participation in the approval process, (5) they incorporate new requirements for a CAMU used

only for treatment or storage of waste, and (6) they “grandfather” existing CAMUs, allowing

them to operate under the now-existing rule established by USEPA in 1993.

The Board incorporates the January 22, 2002 CAMU amendments with minimal

deviation from the federal text. Persons interested in the details of the federal amendments

should consult the January 22, 2002

Federal Register

notice. The following discussion will

consider only those aspects of the CAMU amendments that present codification issues. Many

other, less significant deviations from the literal text of the federal rule are listed and described

in the table that begins at page 37 of this opinion.

Issues arise relating to incorporating the federal CAMU rule amendments into the

Illinois regulations. One issue arises relative to the structure of the rule. A series of issues

arise relative to allocation of decision-making responsibility under the rule in a way that

comports with the statutory structure of the Illinois environmental regulatory system in Illinois.

These issues are considered in this segment of this discussion.

First, the Board discusses the structural issue. Under the requirements for the structure

of the Illinois Administrative Code, at 1 Ill. Adm. Code 100.340(b) and (d) (2000), the Board

may divide regulations into subsections down to the fourth level. Segments of the federal

regulations involved in the present amendments are divided to the fifth level. This has

required the Board to move those segments of text so that they are divided only to the fourth

indent level. Thus, the Board has codified 40 C.F.R. 264.552(e)(4)(i)(A)(

) and

(e)(4)(i)(A)(

) as 35 Ill. Adm. Code 724.652(e)(4)(H)(i) and (e)(4)(H)(ii). The Board attaches

a Board note reference explaining their movement at 35 Ill. Adm. Code 724.552(e)(4)(A)(i),

which corresponds with where they appear in the federal text. The Board refers to them as

principal hazardous constituents that the Agency must designate in an added topical heading for

them at 35 Ill. Adm. Code 724.552(e)(4)(H), which is where they now appear.

The Board similarly dealt with 40 C.F.R. 264.552(e)(4)(v)(E)(

) through

(e)(4)(v)(E)(

) in rendering them as 35 Ill. Adm. Code 724.652(e)(4)(I)(i) through (e)(4)(I)(v).

Although the exact nature of the intent of subsections (e)(4)(v)(E)(

) through (e)(4)(v)(E)(

) is

not made explicit at 40 C.F.R. 264.552(e)(4)(v)(E), the Board read them to be circumstances

relating to long-term protection offered by the engineering design of the CAMU and related

engineering controls. The Board added a reference to them as such at 35 Ill. Adm. Code

724.552(e)(4)(E)(v), which corresponds with where they appear in the federal text, and the

Board added this description as a topical heading for them at 35 Ill. Adm. Code

724.552(e)(4)(H), which is where they appear.

The Board also added a Board note explaining the movement of text to 35 Ill. Adm.

Code 724.552(e)(4)(E)(v). The Board did exactly the same things in moving

264.552(e)(6)(iv)(A)(

) through (e)(6)(iv)(A)(

) to 35 Ill. Adm. Code 724.552(e)(6)(F)(i)

through (e)(6)(F)(v), except that it was clear from the federal text that these are intended by

USEPA as final cover design and performance criteria.

A more complex set of issues arise relative to incorporating the regulatory decision-

making provisions of the federal requirements into the State regulations. (See the discussion of

the division of responsibility between the Board and the Agency at pages 14, 15 and 29 of this

opinion.) The CAMU rule amendments charge a number of determinations to the “Regional

Administrator” that have required more than superficial attention of the Board in adapting the

amendments into the State regulations. While the Board substituted “Agency” for “Regional

Administrator” where the federal rules clearly indicated standards for the exercise of

discretion, there were instances where the standards are not so clear. The results of our

examination of several appearances of “Regional Administrator” in these amendments are as

follows:

1. Prohibition of placement of waste in a CAMU:

40 C.F.R. 264.552(a)(2): The Regional Administrator may prohibit the placement of

waste in a CAMU if it receives information that the wastes were not managed in

compliance with applicable LDRs, or applicable treatment, storage or disposal facility

(T/S/D facility) unit design requirements, or that non-compliance with other USEPA

regulations likely contributed to the release of the waste.

35 Ill. Adm. Code 724.652(a)(2): The Agency must prohibit the placement of waste if

it receives information that the wastes were not managed in compliance with applicable

LDRs; applicable treatment, storage or disposal facility (T/S/D facility) unit design

requirements; or other applicable hazardous waste (Subtitle G) requirements, and that

the non-compliance likely contributed to the release of the waste.

The Board wrote this rule so that the Agency makes the determination whether a facility

complied with the specified rules or whether a release of waste likely resulted from non-

compliance with applicable regulations because these are factual determinations in the nature of

permit determinations. Thus, “may” is rendered as “must.” In the language of the federal

provision, “likely contributed to the release of the waste” appears to refer only to “non-

compliance with other applicable requirements,” although the preamble discussion of this

provision (at 67 Fed. Reg. 2971-73) makes it clear that USEPA intended any described form of

non-compliance. The Board has modified the wording so that the phrase relating to the likely

cause of release clearly applies to all three cited forms of non-compliance.

Allowing the Agency to determine whether a release likely resulted from non-

compliance may seem inconsistent with the earlier determination that the Board must determine

whether a conditional exemption for mixed waste or NARM waste should terminate due to

non-compliance (discussed above at page 16 of this opinion). However, the Board believes

that requiring a Board finding of violation in the context of an enforcement decision before the

Agency could deny a CAMU designation would be contrary to the federal intent that no

generator benefit from its non-compliance by taking advantage of a CAMU designation.

Further, an Agency determination whether the release likely resulted from non-compliance

would be reviewable by the Board under Section 40 of the Act.

2. Designation of a regulated unit as a CAMU:

40 C.F.R. 264.552(b): The Regional Administrator may designate a regulated unit as a

CAMU or incorporate it into a CAMU if specified conditions exist.

35 Ill. Adm. Code 724.652(a)(2): The Agency must designate a regulated unit as a

CAMU or incorporate it into a CAMU if specified conditions exist.

The Board wrote this rule so that the Agency makes the determination whether specified

conditions exist because this is a factual determination in the nature of a permit determination.

The exercise of discretion is in determining whether the conditions exist. There are no further

standards given in the regulation that would support a further exercise of discretion to

designate the unit as a CAMU or part of a CAMU. Thus, “may” is rendered as “must.”

3. Designation of design and operation requirements:

40 C.F.R. 264.552(e)(3)(i) and (e)(3)(ii): Specified minimum facility design and

operation requirements apply to the CAMU unless the Regional Administrator has

prescribed alternate requirements. The Regional Administrator may prescribe alternate

design and operation requirements if it finds that alternate requirements will prevent

migration of waste equally as effectively as the prescribed requirements.

35 Ill. Adm. Code 724.652(e)(3)(B): Specified minimum facility design and operation

requirements apply to the CAMU unless the Agency has prescribed alternative

requirements. The Agency must prescribe alternative design and operation

requirements if it finds that alternative requirements will prevent migration of waste

equally as effectively as the prescribed requirements.

The Board wrote this rule so that the Agency makes the determination whether specified

conditions exist because this is a factual determination in the nature of a permit determination.

The exercise of discretion is in determining whether the alternative requirements are as

effective in preventing migration. Thus, “may” is rendered as “must.” This determination of

equivalency stands as its own standard for Agency decision-making, since it measures the

effectiveness of the alternative standards against the prescribed standards. The Board further

found it necessary to change “alternate” to “alternative,” since this is the grammatically

correct usage. An Agency determination under this provision would be reviewable by the

Board under Section 40 of the Act.

4. Designation of waste constituents:

40 C.F.R. 264.552(e)(4)(i)(A) through (e)(4)(i)(C): The Regional Administrator will

designate as principal hazardous constituents those carcinogens and non-carcinogens

that pose an ingestion or inhalation risk. The Regional Administrator will designate as

principal hazardous constituents those constituents that pose a risk by potential

migration to groundwater. The Regional Administrator may designate as principal

hazardous constituents other constituents that it determines pose a risk.

35 Ill. Adm. Code 724.652(e)(4)(A)(i) through (e)(4)(A)(iii): The Agency must

designate as principal hazardous constituents those carcinogens and non-carcinogens

that pose an ingestion or inhalation risk. The Agency must designate as principal

hazardous constituents those constituents that pose a risk by potential migration to

groundwater. The Agency must designate as principal hazardous constituents other

constituents that it determines pose a risk.

The Board shifted “will,” which is a statement of present intent when used to refer to

USEPA, to “must,” since it appears that the first two types of constituents designations are

mandatory. The Board shifted “may” to “must” with regard to the discretionary type of

constituents designation because the exercise of discretion is in the determination that the

constituents pose a risk. The Board wrote this rule so that the Agency makes the

determinations to designate constituents because the determinations are all factual

determinations.

Allowing the Agency to determine what constituents are carcinogens, what pose an

ingestion or inhalation risk, and what pose a risk by migration to groundwater is potentially

problematic, since the federal rule does not reference lists of such constituents established by

regulation. Establishing a list of contaminants that are carcinogens, a list of contaminants that

pose an ingestion or inhalation risk, and a list of contaminants that pose a risk by migration to

groundwater is an activity arguably suited to the Board’s rulemaking procedure. However, to

require that Agency CAMU designations await Board rulemaking could be environmentally

counter-productive. Thus, the Board has charged the Agency to make the required

determinations, since an Agency determination of the constituents would be reviewable by the

Board under Section 40 of the Act.

5. Designation of an alternative leaching test:

40 C.F.R. 264.552(e)(4)(iv)(F): The Regional Administrator may specify a leaching

test other than the TCLP to measure treatment effectiveness if it determines that the

leaching test is appropriate for use and the alternative more accurately reflects

conditions at the site that affect leaching.

35 Ill. Adm. Code 724.652(e)(4)(D)(vi): The Agency must specify a leaching test other

than the TCLP to measure treatment effectiveness if it determines that the leaching test

is appropriate for use and the alternative more accurately reflects conditions at the site

that affect leaching.

The Board wrote this rule so that the Agency makes the determination whether an

alternative test more accurately reflects leaching under site conditions because this is a factual

determination in the nature of a permit determination. The exercise of discretion is in

determining whether the alternative test more accurately reflects leaching at the site. Thus,

“may” is rendered as “must.” This determination of equivalency stands as its own standard

for Agency decision-making, since the effectiveness of the alternative test is measured against

the TCLP.

6. Adjustment of the treatment level or method:

40 C.F.R. 264.552(e)(4)(v): The Regional Administrator may adjust the treatment

level or method determined under the rule based on consideration of listed factors. The

adjusted treatment level or method must be protective of human health and the

environment. The listed factors include technical impracticability of the level or

method determined under the rule, whether concentrations significantly above or below

the site cleanup standards would result, public attitudes towards the treatment levels or

methods at the site, short-term risks associated with the treatment method, and the long-

term protection offered by the engineering design.

35 Ill. Adm. Code 724.652(e)(4)(E): The Board will grant an adjusted standard to

adjust the treatment level or method determined under the rule if the owner or operator

demonstrates that the adjusted level or method would be protective of human health and

the environment based on consideration of listed factors. The listed factors are

substantively identical to those listed in the corresponding federal rule.

The Board drafted this segment of the rule so that the Board must make the

determination whether to adjust the treatment level or method because the adjustment of a

regulatory standard is the type of function that the Act charges to the Board. This is especially

true where factors to be considered include economic considerations and public opinions about

the alternatives. The Board realizes that a formal determination using the adjusted standard

procedure of Section 28.1 of the Act takes longer than an Agency determination in the nature

of a permit decision, but the Board believes that allowing the Agency to adjust the treatment

standards would constitute an unlawful delegation of our standard-setting authority.

7. Specification of a subset of principal hazardous constituents as analytical

surrogates:

40 C.F.R. 264.552(e)(4)(vii): The Regional Administrator may specify a subset of

principal hazardous constituents as analytical surrogates to determine whether treatment

standards are met, based on the degree of difficulty of treatment and analysis of

constituents with similar treatment properties.

35 Ill. Adm. Code 724.652(e)(4)(G): The Agency must specify a subset of principal

hazardous constituents as analytical surrogates to determine whether treatment standards

are met if it determines that the subset is appropriate based on the degree of difficulty

of treatment and analysis of constituents with similar treatment properties.

The Board wrote this rule so that the Agency makes the determination of appropriate

surrogate analytes because this is a technical factual determination in the nature of a permit

determination. The exercise of discretion is in determining whether the subset of analytes is

appropriate based on consideration of the difficulty of treatment and analysis of constituents of

similar properties. Thus, “may” is rendered as “must.”

8. Determination of applicable closure requirements:

40 C.F.R. 264.552(e)(6)(ii): The applicable closure requirements for a CAMU are

those deemed appropriate and necessary by Regional Administrator for specified aspects

of the facility.

35 Ill. Adm. Code 724.652(e)(6)(B): The applicable closure requirements for a CAMU

are those deemed appropriate and necessary by the Agency for specified aspects of the

facility.

The Board wrote this rule so that the Agency makes the determination of appropriate

and necessary site closure requirements because this is a technical factual determination in the

nature of a permit determination. The Agency already determines site closure requirements

under various segments of the existing regulations.

9. Modification of the cap requirements:

40 C.F.R. 264.552(e)(6)(iv)(B): The Regional Administrator may determine that

modification of the prescribed cap requirements is necessary to facilitate treatment or

performance of the CAMU.

35 Ill. Adm. Code 724.652(e)(6)(D)(ii): The Agency must modify the cap

requirements from the prescribed requirements if it determines that the modification is

necessary to facilitate treatment or performance of the CAMU.

The Board reworded this provision so that the Agency must apply cap requirements that

deviate from those prescribed if it makes the determination that this is necessary. As

reworded, it does not allow modification of the regulation itself. The Board wrote this rule so

that the Agency makes the determination of necessity because this is a technical determination

in the nature of a permit determination.

10. Approval of placement of CAMU-eligible waste in an off-site landfill:

40 C.F.R. 264.555(a) and (e)(3): The Regional Administrator may approve the

placement of CAMU-eligible waste that does not meet the land disposal restrictions of

Part 728 in an offsite hazardous waste landfill under specified conditions. The owner

or operator may not place the waste in the landfill until the Regional Administrator

notifies it that he does not object to the placement. The Regional Administrator may

object to the placement of the waste within 30 days, and he may extend the review

period for an additional 30 days due to public concerns or insufficient information.

See

e.g.

, Section 724.297 (for tank systems), 724.358 (for waste piles), and 724.410 (for

landfills).

35 Ill. Adm. Code 724.655(a) and (e)(3): The Agency must approve the placement of

CAMU-eligible waste that does not meet the land disposal restrictions of Part 728 in an

offsite hazardous waste landfill if it determines that the placement meets specified

conditions. The owner or operator may not place the waste in the landfill until the

Agency notifies it that the Agency does not object to the placement. The Agency must

object to the placement of the waste within 30 days, and the Agency must extend the

review period for an additional 30 days if it determines that the extension is necessary

due to public concerns or insufficient information.

The Board wrote this rule so that the Agency makes the determination whether the

owner or operator can place the waste in the landfill because it is a technical factual

determination in the nature of a permit determination. The exercise of discretion is in

determining whether the placement of the waste meets the specified conditions. Thus, “may”

is rendered as “must.” An Agency determination of the constituents would be reviewable by

the Board under Section 40 of the Act. As to extending the 30-day time for Agency decision

on the placement of the waste, the 30-day extension results from an Agency determination that

an extension is necessary due to public concerns or insufficient information.

11. Modification, reduction, or elimination of the notification requirements:

40 C.F.R. 264.555(d)(6): The Regional Administrator may modify, reduce, or

eliminate the notification requirements for approval of placement of waste.

35 Ill. Adm. Code 724.655(d)(6): The Board will grant an adjusted standard that

modifies, reduces, or eliminates the notification requirements for approval of placement

of waste if the owner or operator demonstrates that this is possible.

The Board wrote this rule so that the determination on modification, reduction, or

elimination of the notification requirements is a Board adjusted standard determination because

the determination modifies regulatory standards. Granting relief from a rule is a Board

function under the Act. This is especially true where the requirements involve notice to the

Agency and to affected members of the public.

A final issue relative to codification of the federal CAMU amendments does not derive

directly from the text of the federal rules involved in the USEPA amendments. Rather, it

relates to the format used in the original federal rule. The Board observes that the existing text

of Section 724.654 (as well as corresponding 40 C.F.R. 264.554, from which it derives) is in

the question-and-answer format that the Board disfavors. The Board has used this opportunity

to change this to the standard regulation format that the Board favors.

The Board requested public comment on our incorporation of the January 22, 2002

amendments to the CAMU rule. USEPA and the Agency commented on the inclusion. In PC

5, the Agency expressed its gratitude for the Board’s prompt action to facilitate early

implementation of the amendments. The Agency suggested a single correction to the

amendments that was not related to the substance of the rules or the federally-derived aspects

of the amendments. (That correction is indicated in the table that appears beginning at page 66

of this opinion.) In PC 4, USEPA stated that it was waiving the 30-day period of post-

adoption review, in order to enable to the Board to promptly file these amendments for as early

an effective date as possible.

Agency or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify those portions of the program

over which USEPA will retain decision making authority. Based on the general division of

functions within the Act and other Illinois statutes, the Board is also to specify which State

agency is to make decisions.

In situations in which the Board has determined that USEPA will retain decision-

making authority, the Board has replaced “Regional Administrator” with USEPA, so as to

avoid specifying which office within USEPA is to make a decision.

In some identical-in-substance rules, certain decisions pertaining to a permit application

are not appropriate for the Agency to consider. In determining the general division of

authority between the Agency and the Board, the following factors should be considered:

1. Whether the entity making the decision is applying a Board regulation, or taking

action contrary to (“waiving”) a Board regulation. It generally takes some form

of Board action to “waive” a Board regulation.

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

meaningful review to an Agency decision.

3. Whether the action would result in exemption from the permit requirement

itself. If so, Board action is generally required.

4. Whether the decision amounts to “determining, defining or implementing

environmental control standards” within the meaning of Section 5(b) of the Act.

If so, it must be made by the Board.

There are four common classes of Board decisions: variance, adjusted standard, site-

specific rulemaking, and enforcement. The first three are methods by which a regulation can

be temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard

or site-specific rulemaking). There often are differences in the nomenclature for these

decisions between the USEPA and Board regulations.

Tabulations of Deviations from the Federal text and

Corrections to and Clarifications of the Base Text

Table 1 below list numerous corrections and amendments that are not based on current

federal amendments. Table 1 (beginning immediately below) includes deviations made in this

final order from the verbatim text of the federal amendments. Table 2 (beginning on page 60

after table 1 immediately below) contains corrections and clarifications that the Board made in

the base text involved in this proposal. The amendments listed in this table are housekeeping

amendments not directly derived from the current federal amendments. Some of the entries in

these tables are discussed further in appropriate segments of the general discussion beginning at

page 12 of this opinion. Table 3 (beginning on page 66 below) is a listing of revisions made to

the text of the amendments from that proposed and set forth in the Board’s opinion and order

of January 24, 2002. Table 3 indicates the changes made, as well as the source that suggested

each of the changes. Table 4 (beginning on page 74 below) indicates suggested revisions that

the Board has not made in adopting these amendments. Each entry gives a brief explanation

why the Board did not incorporate the suggested change. Some of the entries in these tables

are discussed further in appropriate segments of the general discussion beginning at page 12 of

this opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

721.102(a)(2)(C) 261.2(a)(2)(iii)

Used explanatory language in place of the word

721.103(g)(1) 261.3(g)(1)

Replaced commas

with semicolons to separate

elements of a series that contain commas

(twice); added a comma before “as defined” to

offset a parenthetical (three times)

721.103(g)(2)

261.3(g)(2)

Added “the following”

721.103(g)(2)(A)

261.3(g)(2)(i)

Added a comma before “as regulated” to offset

a parenthetical

721.103(g)(2)(B) 261.3(g)(2)(ii)

Changed reference from “(c)(2)(I)” to “(e)(1)”

to reflect the prior movement of 40 C.F.R.

261.3(c)(2) as 35 Ill. Adm. Code 721.103(e)

721.103(h) 261.3(h)

Added

a subsection heading

721.103(h)(1) 261.3(h)(1)

Added “i.e., it is” for enhanced clarity

721.103(h)(2)

261.3(h)(2)

Added “the following”

721.104(b)(15)(A)(i) 261.4(b)(15)(i)(A)

Tabulated the hazardous waste listings and

added the listing effective dates

721.104(b)(15)(B) 261.4(b)(15)(ii)

Changed “K169-K172” to “K169, K170,

K171, or K172”; corrected “and” to “or” for

what is actually a disjunctive series “K176,

K177, or K178”

721.132 “K177”

261.32

Changed “disposed” to “disposed of”

724. table of

contents

264 table of contents

Revised the headings for Sections 724.650

through 724.552 as indicated in the entries for

each Section

724.440(b)(3) 264.340(b)(3) Added language to refer to the incorporation of

40 C.F.R. 63.1206(b)(14) by reference

724.650 heading

264.550 heading

Deleted the parenthetical abbreviation

“CAMU”

724.650(a) 264.550(a) Changed to singular “a CAMU is”

724.650(b) 264.550(b) Changed to singular “a CAMU that is . . . is”;

replaced bracketed “effective date of final rule”

with “April 22, 2002”; changed to singular “a

grandfathered CAMU”; replaced a semicolon

with a period; added the introductory

prepositional phrase “within a grandfathered

CAMU offset by a comma; added a comma to

offset the parenthetical “as approved”

724.651 heading

264.551 heading

Deleted the parenthetical abbreviation

“CAMUs”

724.651(a) 264.551(a) Added quotation marks to the defined term

“corrective action management unit”; added

the conjunction “or” and the alternate defined

abbreviation “CAMU” in quotation marks;

changed “the facility” to “that facility”

724.652 heading

264.552 heading

Deleted the parenthetical abbreviation

“CAMU”

724.652(a) 264.552(a) Added quotation marks to the defined term

“corrective action management unit”; added

the conjunction “or” and the alternate defined

abbreviation “CAMU” in quotation marks;

changed “the facility” to “that facility”

724.652(a)(1) 264.552(a)(1) Added quotation marks to the defined term

“CAMU-eligible waste”

724.652(a)(1)(A) 264.552(a)(1)(i)

Changed to single word “groundwater”

724.652(a)(1)(B) 264.552(a)(1)(ii) Changed to singular, lower-case “CAMU-

eligible waste”; removed the quotation marks

from the term “CAMU-eligible waste”

724.652(a)(1)(B)(i) 264.552(a)(1)(ii)(A)

Changed

to singular “hazardous waste”; added

a comma after “containers” to separate the

final elements of a series

724.652(a)(1)(B)(i) 264.552(a)(1)(ii)(A)

Changed “the Regional Administrator exercises

the discretion” to “the Agency makes the

determination”

724.652(a)(2) 264.552(a)(2) Changed “the Regional Administrator may” to

“the Agency must”; deleted the parenthetical

“as appropriate”; changed “Regional

Administrator has or receives information” to

“Agency determines”; changed “such wastes”

to “the wastes”; changed “applicable unit

design requirements of this part, or applicable

unit design requirements of part 265” to

“applicable unit design requirements of this

Part or 35 Ill. Adm. Code 725”; removed “that

non-compliance with” and replaced it with

“and that the non-compliance” before “likely

contributed”; changed “other applicable

requirements of this chapter” with “other

applicable requirements of this Subtitle G”

724.652(a)(3) 264.552(a)(3) Changed to singular “a CAMU”

724.652(a)(3)(D) 264.552(a)(3)(iii) Changed to singular “a CAMU”

724.652(a)(4) 264.552(a)(4) Changed

to singular “hazardous waste”

724.652(b) 264.552(b) Added “establishing a CAMU” as a subsection

heading

724.652(b)(1) 264.552(b)(1) Changed “the

Regional Administrator may . . .

or may incorporate” to “the Agency must . . .

or must incorporate”; removed an unnecessary

comma after “CAMU”; added “it determines

that the following is true of the regulated unit”

724.652(b)(1)(B)

264.552(b)(1)(ii)

Added a comma after “protective” to separate

the final elements of a series

724.652(c) 264.552(c) Changed “the Regional Administrator shall” to

“the Agency must” (twice); changed “and/or”

to “or”; changed “all other CAMUs” to

singular “any other CAMU”; added

“requirements”

724.652(c)(1) 264.552(c)(1) Changed “shall” to “must”

724.652(c)(2) 264.552(c)(2) Changed “shall” to “must”

724.652(c)(3) 264.552(c)(3) Changed “shall” to “must”

724.652(c)(4) 264.552(c)(4) Changed “shall” to “must”

724.652(c)(5) 264.552(c)(5) Changed “shall” to “must”

724.652(c)(6) 264.552(c)(6) Changed “shall” to “must”

724.652(c)(7) 264.552(c)(7) Changed “shall” to “must”

724.652(d) 264.552(d) Changed “owner/operator” to “owner or

operator”; changed “shall” to “must”; changed

“Regional Administrator” to “Agency”; added

“the following”

724.652(d)(1) 264.552(d)(1) Changed “and/or” to “or”

724.652(d)(2) 264.552(d)(2) Changed “and/or” to “or”

724.652(d)(3) 264.552(d)(3) Changed “and/or” to “or”

724.652(e) 264.552(e) Changed “Regional Administrator shall” to

“Agency must”; changed to singular “the

CAMU”

724.652(e)(3) 264.552(e)(3) Changed to singular “a CAMU”

724.652(e)(3)(A) 264.552(e)(3)(i)

Changed

“Regional Administrator” to

“Agency”; corrected “alternate” to

“alternative”; changed to singular “a CAMU

that consists” changed the defined term

“composite liner” from italics and placed it in

quotation marks

724.652(e)(3)(B) 264.552(e)(3)(ii) Corrected “alternate” to “alternative”; changed

“Regional Administrator may” to “Agency

must”; changed to singular “a CAMU that

consists” added “it determines that either of the

following is true”

724.652(e)(3)(B)(i) 264.552(e)(3)(ii)(A)

Changed

“Regional Administrator finds” to

“Agency determines”; corrected “alternate” to

“alternative”; changed to single word

“groundwater”

724.652(e)(3)(B)(ii) 264.552(e)(3)(ii)(B)

Changed “Regional Administrator finds” to

“Agency determines”

724.652(e)(4) 264.552(e)(4) Changed “and/or” to “or”; changed “Regional

Administrator” to “Agency”

724.652(e)(4)(A) 264.552(e)(4)(i)

Changed

“Regional Administrator” to

“Agency”

724.652(e)(4)(A)(i) 264.552(e)(4)(i)(A) Changed

“Regional Administrator will” to

“Agency must”; added “those constituents

specified in subsection (e)(4)(H) of this

Section”; added the explanatory Board note

724.652(e)(4)(A)(ii) 264.552(e)(4)(i)(B) Changed

“Regional Administrator will” to

“Agency must”; changed “Regional

Administrator may” to “Agency must”;

changed to single word “groundwater”

724.652(e)(4)(A)(iii) 264.552(e)(4)(i)(C)

Changed “Regional Administrator may” to

“Agency must”; changed “Regional

Administrator” to “Agency”

724.652(e)(4)(B) 264.552(e)(4)(ii) Changed

“Regional Administrator” to

“Agency”

724.652(e)(4)(C) 264.552(e)(4)(iii) Changed “Regional Administrator” to

“Agency”

724.652(e)(4)(D) 264.552(e)(4)(iv) Changed to singular “a CAMU”

724.652(e)(4)(D)(iv) 264.552(e)(4)(iv)(D) Added a

comma after “corrosivity” to separate

the final elements of a series

724.652(e)(4)(D)(v) 264.552(e)(4)(iv)(E) Changed “Regional Administrator” to

“Agency”

724.652(e)(4)(D)(vi) 264.552(e)(4)(iv)(F) Changed “Regional Administrator may” to

“Agency must”; changed “Regional

Administrator” to “Agency”

724.652(e)(4)(E) 264.552(e)(4)(v) Changed “Regional Administrator may” to

“Board will grant an adjusted standard pursuant

to Section 28.1 of the Act to . . . if the owner

or operator demonstrates that”; removed the

period to combine the second sentence into the

first as conditional language; changed “must”

to “would”; added “based on consideration of

the following” as a parenthetical offset by a

comma

724.652(e)(4)(E)(iii)

264.552(e)(4)(v)(C)

Added a comma before “as applied” to offset a

parenthetical

724.652(e)(4)(E)(v) 264.552(e)(4)(v)(E) Added “under the circumstances set forth in

subsection (e)(4)(H) of this Section”; corrected

the reference to “subsection (e)(4)(I) of this

Section”; added the explanatory Board note

724.652(e)(4)(G) 264.552(e)(4)(vii)

Changed

to singular “a CAMU”; changed

“Regional Administrator may” to “Agency

must . . . if it determines that”; deleted the

parenthetical “as appropriate”; removed the

period to combine the second sentence into the

first as conditional language; changed “will be”

to “is appropriate”

724.652(e)(4)(H) [264.552(e)(4)(iv)-

(A)]

Created the subsection and added a subsection

heading to locate moved text

724.652(e)(4)(H)(i) 264.552(e)(4)(iv)(A)

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements;

deleted the unnecessary comma after the word

“Section”

724.652(e)(4)(H)(ii) 264.552(e)(4)(iv)(A)

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(e)(4)(I) [264.552(e)(4)(v)(E)]

Created the subsection and added a subsection

heading to locate moved text

724.652(e)(4)(I)(i) 264.552(e)(4)(v)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements;

removed the unnecessary ending conjunction

“or”

724.652(e)(4)(I)(ii) 264.552(e)(4)(v)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements;

removed the unnecessary ending conjunction

“or”

724.652(e)(4)(I)(iii) 264.552(e)(4)(v)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements;

changed “Regional Administrator” to “Board”;

removed the unnecessary ending conjunction

“or”

724.652(e)(4)(I)(iv) 264.552(e)(4)(v)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(e)(4)(I)(v) 264.552(e)(4)(v)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements;

changed “Regional Administrator” to “Board”;

changed to singular “a laterally expanded

CAMU”

724.652(e)(5) 264.552(e)(5) Changed

to single word “groundwater”

724.652(e)(5)(A) 264.552(e)(5)(i)

Changed to single word “groundwater”

724.652(e)(5)(B) 264.552(e)(5)(ii) Changed to single word “groundwater”

724.652(e)(5)(C) 264.552(e)(5)(iii) Changed “Regional Administrator” to

“Agency”; changed to single word

“groundwater”

724.652(e)(6) 264.552(e)(6) Added “as follows” as a parenthetical offset by

a comma

724.652(e)(6)(A) 264.552(e)(6)(i)

Changed “shall” to “must”; added “do the

following”

724.652(e)(6)(B) 264.552(e)(6)(ii) Changed

to singular “a CAMU”; changed

“shall” to “must”; changed “Regional

Administrator” to “Agency”

724.652(e)(6)(C) 264.552(e)(6)(iii)

Changed to singular “a CAMU”; changed

“Regional Administrator shall” to “Agency

must”

724.652(e)(6)(D) 264.552(e)(6)(iv) Changed to lower-case “requirements”

724.652(e)(6)(D)(i) 264.552(e)(6)(iv)(A)

Moved “with constituent concentrations . . . to

the site” to follow “remain”; changed “the

following performance criteria” to “the

performance criteria listed in subsection

(e)(6)(F) of this Section”; added the

explanatory Board note

724.652(e)(6)(D)(ii) 264.552(e)(6)(iv)(B) Changed “Regional Administrator may

determine that modifications to paragraph . . .

are needed” to “Agency must apply cap

requirements that deviate from those prescribed

in subsection . . . if it determines that the

modifications are needed”

724.652(e)(6)(E) 264.552(e)(6)(v) Changed “shall” to “must”

724.652(e)(6)(F) [264.552(e)(6)(vi)-

(E)]

Created the subsection and added a subsection

heading to locate moved text

724.652(e)(6)(F)(i) 264.552(e)(6)(vi)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(e)(6)(F)(ii) 264.552(e)(6)(vi)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(e)(6)(F)(iii) 264.552(e)(6)(vi)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(e)(6)(F)(iv) 264.552(e)(6)(vi)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(e)(6)(F)(v) 264.552(e)(6)(vi)(E)-

(

)

Moved the text to comply with

Illinois

Administrative Code

codification requirements

724.652(f)

264.552(f)

Changed to singular “a CAMU . . . is”;

changed “and/or” to “or”; changed to singular

“a CAMU” (twice); changed the ending

punctuation to a colon

724.652(f)(1) 264.552(f)(1) Changed “and/or”

to “or”; changed to singular

“a CAMU . . . is . . . and is”; changed to

singular “operates”; added commas before and

after “at Section 724.654(d)(1)(A) and

(d)(1)(B), (d)(2), (e), (f), (j), and (k)” to offset

it as a parenthetical; changed to singular “a

CAMU”; removed the unnecessary comma

after the word “piles”

724.652(f)(2)

264.552(f)(2)

Changed to singular “a CAMU . . . is”;

changed to singular “does”; changed “and/or”

to “or”

724.652(f)(2)(A)

264.552(f)(2)(i)

Added “the owner or operator” to complete the

sentence; changed “Regional Administrator” to

“Agency”; removed the unnecessary comma

after the word “waste”

724.652(f)(2)(B)

264.552(f)(2)(ii)

Added “the CAMU” to complete the sentence;

changed to singular “is”; changed to singular

“a CAMU”

724.652(g) 264.552(g) Changed to singular “a CAMU” (twice);

changed “and/or” to “or”; changed to single

word “groundwater”

724.652(h) 264.552(h) Changed “Regional Administrator shall” to

“Agency must”; changed “shall” to “must”

724.652(i) 264.552(i) Changed

“Regional Administrator shall” to

“Agency must”; changed “additional

requirements as necessary” to “those additional

requirements that it determines are”

724.652(j) 264.552(j) Changed

“Regional Administrator” to “the

Agency”; changed “clean-up” to “cleanup”

724.652(k) 264.552(k) Changed “Regional Administrator’s” to

“Agency’s”

724.654(a)(2) 264.554(a)(2) Used explanatory language in place of the word

“reserved”

724.655 heading

264.555 heading

Capitalized “Eligible Wastes in Permitted

Hazardous Waste Landfills”

724.655(a) 264.555(a) Changed “Regional Administrator with

regulatory oversight at the location where the

cleanup is taking place shall” to “Agency

must”; added “it determines that”; changed

“conditions in . . . are met” to “following

conditions”

724.655(a)(2) 264.555(a)(2) Changed “Regional Administrator with

regulatory oversight at the location where the

cleanup is taking place” to “Agency”

724.655(a)(2)(C) 264.555(a)(2)(iii) Changed the reference to “Section

724.652(e)(4)(I)(ii)” to reflect the movement of

the text

724.655(b) 264.555(b) Changed “Regional Administrator with

regulatory oversight at the location where the

cleanup is taking place” to “Agency”

724.655(c) 264.555(c) Changed “Regional Administrator with

regulatory oversight at the location where the

cleanup is taking place shall” to “Agency

must”

724.655(e)(1) 264.555(e)(1) Changed “and/or” to “or”; changed “Regional

Administrator responsible for oversight of the

landfill” to “Agency”

724.655(e)(2) 264.555(e)(2) Changed “Regional Administrator” to

“Agency”; changed “within 15 days of” to

“within 15 days after”

724.655(e)(3) 264.555(e)(3) Changed “Regional Administrator may” to

“Agency must”; added “if it determines that

the extension is necessary”

724.655(e)(4) 264.555(e)(4) Changed “Regional Administrator” to

“Agency”; changed “owner/operator” to

“owner or operator”; changed “he or she” to

“it”

724.655(e)(5) 264.555(e)(5) Changed “Regional Administrator” to

“Agency”; changed “owner/operator” to

“owner or operator”; changed “he or she” to

“it”

724.655(e)(6) 264.555(e)(6) Changed “As

part of the permit process of

paragraph (d) of this section, the Regional

Administrator may modify, reduce, or

eliminate” to “the Board will grant an adjusted

standard under Section 28.1 of the Act that

modifies, reduces, or eliminates”; added “if the

owner or operator demonstrates that this is

possible”

724.655(f) 264.555(f) Changed a semicolon to a period and

capitalized the word “off” to begin the

resulting second sentence

726. table of

contents

266 table of contents

Revised the headings for Sections 726.310

through 724.460 as indicated in the entries for

each Section

726.310 heading

266.210 heading

Changed “What definitions apply to this

subpart?” to “definitions”

726.310 preamble

266.210

Changed “this subpart uses the following

special definitions” to “terms are defined as

follows for the purposes of this Subpart N”

726.310 “CERCLA

reportable quantity”

266.210

Added the definition (for the purposes of

Section 726.340(a)(2))

726.310 “certified

delivery”

266.210

Placed the defined term in quotation marks;

deleted the unnecessary conjunction “or” from

before “equivalent”; deleted the improper

comma from before the restrictive relative

clause “that provides . . .”

726.310 “director”

266.210

Placed the defined term in quotation marks;

changed “refers to the definition” to “is as

defined”

726.310 “DNS”

266.210

Added the definition (for the purposes of the

Used lower-case for the defined term and

placed it in quotation marks; changed “and/or”

to “or”; changed “is” to “means”; used

“naturally occurring or accelerator-produced

radioactive material” in place of the acronym

“NARM” and placed the acronym in

parentheses; added the indefinite article “a”

before “transportation”; changed to lower-case

“transportation and disposal conditional

exemption”; changed “NRC Agreement State

equivalent” to “DNS”; added “the equivalent

regulations of a licensing agency in another

state” to allow exemption of waste bound for

disposal in a facility regulated by another state;

added the Board note citing DNS regulations

726.310 “exempted

waste”

266.210

Placed the defined term in quotation marks;

deleted the second appearance of “meets”;

removed the comma that separated a two-

element series; added “a waste that” before

“meets” for a restrictive relative clause; added

“which” before “complies” for a subsequent

restrictive relative clause; deleted “described”

726.310 “hazardous

waste”

266.210

Used lower-case for the defined term and

placed it in quotation marks; changed “any

material which is defined in accordance with”

to “hazardous waste as defined in”

Used lower-case for the defined term and

placed it in quotation marks; added the

abbreviated form “LDR treatment standards”

as an alternative defined term”

726.310 “license”

266.210

Placed the defined term in quotation marks;

changed “Nuclear Regulatory Commission” to

“federal NRC”; changed “NRC Agreement

State” to “the Illinois DNS” (twice); changed

to singular “a user that manages”; “changed

“NRC” to “the federal NRC”; removed an

unnecessary comma after “NRC”; added the

citation “42 USC 2014 et seq.” in parentheses;

added “or the Radiation Protection Act of 1990

Used lower-case for the defined term and

placed it in quotation marks; added the

conjunction “or” and replaced parentheses with

quotation marks for the alternative defined term

“LLMW”; changed “source, special nuclear,

or by-product material” to “source, by-

product, and special nuclear material”;

hyphenated “by-product” for consistency

Used lower-case for the defined term and

placed it in quotation marks; changed the

standardized abbreviation to “LLRW”; added

the conjunction “or” and replaced parentheses

with quotation marks for the alternative defined

term “LLW”; changed “which” to “that” for a

restrictive relative clause; removed the

unnecessary comma from after “byproduct

material”; added a comma to offset the

parenthetical “as defined . . .”; corrected the

citation to “section 11(e)(2)” and added the

United States Code

citation in parentheses;

added the definite article “the” before “NRC”;

removed the quotation marks from the word

Used lower-case for the defined term and

placed it in quotation marks; changed “source,

special nuclear, or by-product material” to

“source, by-product, and special nuclear

material”; hyphenated “by-product” for

consistency (twice); added the

United States

Code

citation in parentheses

726.310 “naturally

occurring or

accelerator-produced

radioactive material”

266.210

Used lower-case for the defined term and

placed it in quotation marks; added the

conjunction “or” and replaced parentheses with

quotation marks for the alternative defined term

“NARM”; changed to singular “a radioactive

material”; added “fulfills one of the following

conditions”; added “it is” to complete the

sentence in the sub-paragraph (twice); changed

“are” to “it is”; changed “source, special

nuclear, or byproduct” to “a source, by-

product, or special nuclear material”;

hyphenated “by-product” for consistency

(twice); removed the parentheses and offset the

parenthetical “as defined by . . .” with

commas; replaced “AEA” with “the federal

Atomic Energy Act (42 USC 2014 et seq)”;

placed the sentence “NARM is regulated by the

States . . .” in a Board note; changed “State

law” with “the Radiation Protection Act of

1990 [420 ILCS 40] and 32 Ill. Adm. Code:

Chapter II, Subchapter b”; changed “DOE” to

“federal Atomic Energy Act (42 USC 2014 et

seq.)”

726.310 “NRC”

266.210

Placed the defined term in quotation marks;

changed “U.S.” to “United States”

726.320 heading

266.220 heading

Changed “What does a storage and treatment

conditional exemption do?” to capitalized

“Storage and Treatment Conditional

Exemption”

726.320 266.220 Deleted

“your”

from before “low-level”;

changed “your” to “the”; changed “you meet”

to “the generator meets”

726.325 heading

266.225 heading

Changed “What wastes are eligible for the

storage and treatment conditional exemption?”

to capitalized “Wastes Eligible for a Storage

and Treatment Conditional Exemption for

Low-Level Mixed Waste”

726.325 266.225 Added

“as”

before

“defined”; changed “this”

to “a storage and treatment”; changed “you” to

“a person”; added “federal” before “NRC”;

changed “NRC Agreement State” to “Illinois

DNS”; changed “your” to “a different

person’s”; added “such mixed waste” to create

an independent clause, adding a comma to

offset the clause; changed “ineligible this

exemption” to “ineligible for this exemption”

726.330 heading

266.230 heading

Changed “What conditions must you meet for

your LLMW to qualify for and maintain a

storage and treatment exemption?” to

capitalized “Conditions to Qualify for and

Maintain a Storage and Treatment Conditional

Exemption”

726.330(a) 266.230(a) Deleted “your” from before “LLMW”;

changed “you” to “the generator”; changed

“us” to “the Agency”; changed “you are” to

“it is”; added “storage and treatment” before

“conditional exemption”; added a comma after

“exemption” to offset the intorductory

prepositional phrase; changed “your” to “the

generator’s” (four times); added “federal”

before “NRC”; changed “NRC Agreement

State” to “Illinois DNS”; added “and the

Illinois DNS” to provide for notice to the

DNS; changed “code(s)” to “codes”; changed

“unit(s)” to “units”; changed “you” to “the

generator” (three times); changed “are” to

“is”; changed “meet” to “meets”; changed

“your” to “its”; dropped “in your State” after

“rule”; changed “within 90 days of the

effective date of this rule” to “before July 21,

2002”; changed “within 90 days of” to “within

90 days after”; added “whichever is later” as a

parenthetical offset by a comma

726.330(b) 266.230(b) Deleted “your” from before “LLMW”; added

a comma after “LLMW” to offset the

intorductory prepositional phrase; changed

“you” to “the generator”; added :do each of

the following”

726.330(b)(1) 266.230(b)(1) Changed “your” to “its” (twice)

726.330(b)(2) 266.230(b)(2) Changed “your” to “its”; deleted unnecessary

comma before “or” that separated a two-

element series (twice)

726.330(b)(3) 266.230(b)(3) Added “that the training” before “includes”

726.330(b)(4) 266.230(b)(4) Changed “your” to “its”; changed “it” to “the

waste”; added “this” before “Subpart N”

726.330(b)(5) 266.230(b)(5) Changed “your” to “the generator’s”

726.335 heading

266.235 heading

Changed “What waste treatment does the

storage and treatment conditional exemption

allow?” to capitalized “Treatment Allowed by

a Storage and Treatment Conditional

Exemption”

726.335 266.235 Changed

“you”

“the generator”; changed

“your” to “its” (three times); added “federal”

before “NRC”; changed “NRC Agreement

State” to “Illinois DNS”

726.340 heading

266.240 heading

Changed “How could you lost the conditional

exemption for your LLMW and what action

must you take?” to capitalized “Loss of a

Storage and Treatment Conditional Exemption

and Required Action”

726.340(a) 266.240(a) Changed “your” to “a generator’s”; changed

“you fail” to “the generator fails”; changed

“your” to “the generator’s” (twice); changed

“you” to “the generator”; changed “and/or” to

“or”

726.340(a)(1) 266.240(a)(1) Changed “you fail” to “a generator fails”;

added a comma after “726.330” to offset the

introductory parenthetical; changed “you” to

“the generator”; changed “us and the NRC, or

the oversight agency in the NRC Agreement

State” to “the Agency, the Illinois DNS, and

the NRC”; changed “your” to “the

generator’s” (twice); changed “within 30 days

of” to “within 30 days after”

726.340(a)(1)(A) 266.240(a)(1)(i)

Changed “condition(s)” to “conditions”; added

“that” for a restrictive relative clause; changed

“you” to “the generator”

726.340(a)(1)(C) 266.240(a)(1)(iii)

Changed “date(s)” to “dates”; changed “you”

to “the generator”; changed “condition(s)” to

“conditions”

726.340(a)(1) 266.240(a)(1) Changed “you” to “the generator” (twice);

changed “us” to “the Agency”; changed to

singular “a failure . . . is”; added “may”

before “include”; changed “your” to “its”

726.340(b) 266.240(b) Changed “we” to “the Board”; added “by an

order issued in an enforcement proceeding

against the generator” as a parenthetical offset

by commas; changed “your” to “the

generator’s”; changed “you” to “the

generator”; changed “your” to “its”

726.345 heading

266.245 heading

Changed “If you lose the storage and treatment

conditional exemption for your LLMW, can

the exemption be reclaimed?” to capitalized

“Reclaiming a Lost Storage and Treatment

Conditional Exemption”

726.345(a) 266.245(a) Changed “you” to “a generator”; added “a

lost” after “reclaim”; added “conditional”

before “exemption”; changed “your” to “its”;

added “the following conditions are fulfilled”

726.345(a)(1) 266.245(a)(1) Changed “you again meet” to “the generator

again meets”

726.345(a)(2) 266.245(a)(2) Changed “you send” to “the generator sends”;

changed “us” to “the Agency”; changed “you

are” to “the generator is”; changed “your” to

“its” (twice); changed “your” to “the

generator’s”; added a comma after “notice” to

offset the introductory prepositional phrase;

changed “you” to “the generator”

726.345(a)(2)(B) 266.245(a)(2)(ii) Changed “you have” to “the generator has”;

changed “you” to “it”; changed “your” to

“its”; changed “you gain meet” to “the

generator again meets”; added “that” for a

restrictive relative clause; changed “you

specify” to “the generator specifies”

726.345(a)(2)(C) 266.245(a)(2)(iii)

Changed “you have” to “the generator has”;

added “that” for a restrictive relative clause

(twice); changed “you have” to “it has”

726.345(a)(2)(D) 266.245(a)(2)(iv) Added “that” for a restrictive relative clause;

changed “you want” to “the generator wants”;

changed “us” to “the Agency”; changed “we

review” to “it reviews”; changed “your” to

“the generator’s”

726.345(b) 266.245(b) Changed “we” to “the Agency” (twice);

changed “we determine” to “it determines”;

added “in writing, pursuant to Section 39 of

the Act” as a parenthetical offset by commas;

changed “your” to “the generator’s”; changed

“you have” to “the generator has”; changed

“you” to “the generator” (twice); added “any

Agency determination . . . pursuant to Section

40 of the Act”

726.350 heading

266.250 heading

Changed “What records must you keep at your

facility and for how long?” to capitalized

“Recordkeeping for a Storage and Treatment

Conditional Exemption”

726.350(a) 266.250(a) Changed “your” to “the generator’s”; added

“federal” before “NRC”; changed “NRC

Agreement State” to “Illinois DNS”; changed

“you” to “the generator”

726.350(a)(1) 266.250(a)(1) Changed “your”

to “the generator’s”; changed

“us” to “the Agency”; changed “failure(s)” to

“failures”

726.350(a)(2) 266.250(a)(2) Changed “your”

to “the generator’s”; deleted

the unnecessary comma after “inventories” that

separated the two-element series

726.350(a)(3) 266.250(a)(3) Changed “your” to “the generator’s”

726.350(a)(4) 266.250(a)(4) Changed “your”

to “the generator’s”; added a

comma before “as specified” to offset a

parenthetical

726.350(b) 266.250(b) Changed “you” to “the generator”; changed

“your” to “its”; changed “you claim” to “the

generator claims; added “federal” before

“NRC” (twice); changed the parenthetical “or

equivalent NRC Agreement State regulations”

to “or under Illinois DNS regulations under 32

Ill. Adm. Code: Chapter II, Subchapter b”;

changed “you” to “a generator”; changed the

parenthetical “or equivalent NRC Agreement

State regulations” to “or with Illinois DNS

regulations under 32 Ill. Adm. Code: Chapter

II, Subchapter b”

726.355 heading

266.255 heading

Changed “When is your LLMW no longer

eligible for the storage and treatment

conditional exemption?” to capitalized “Waste

no Longer Eligible for a Storage and Treatment

Conditional Exemption”

726.355(a) 266.255(a) Changed “your” to “a generator’s”; changed

“your” to “its”; added “federal” before

“NRC”; changed “NRC Agreement State” to

“Illinois DNS”; changed “your” to “the

generator’s”

726.355(b) 266.255(b) Changed “your” to “a generator’s”; added

“federal” before “NRC”; changed “NRC

Agreement State” to “Illinois DNS”; changed

“your” to “a generator’s”

726.360 heading

266.260 heading

Changed “Do closure requirements apply to

units that stored LLMW prior to the effective

date of Subpart N?” to capitalized

“Applicability of Closure Requirements to

Storage Units”

726.360 266.260 Added

the

indefinite article “an” before

“interim”; changed to singular “unit that has

. . . stores”; changed “the effective date of this

rule” to “April 22, 2002” (twice); added

“which” for a subsequent restrictive relative

clause Twice); “which” to “that” for a

restrictive relative clause; changed to singular

“a storage unit . . . that has . . . is”

726.405 heading

266.305 heading

Changed “What does the transportation and

disposal conditional exemption do?” to

capitalized “Transportation and Disposal

Conditional Exemption”

726.405 266.305 Changed

“this”

to “a transportation and

disposal”; changed “your” to “a generator’s”;

changed “your” to “the generator’s”; changed

“you meet” to “the generator meets”;

726.410 heading

266.310 heading

Changed “What wastes are eligible for the

transportation and disposal conditional

exemption?” to capitalized “Wastes Eligible for

a Transportation and Disposal Conditional

Exemption”

726.410 preamble

266.310 preamble

Added “one or both of the following”

726.410(a) 266.310(a) Changed “and/or” to “or”

726.415 heading

266.315 heading

Changed “What are the conditions you must

meet for your waste to qualify for and maintain

the transportation and disposal conditional

exemption?” to capitalized “Conditions to

Qualify for and Maintain a Transportation and

Disposal Conditional Exemption”

726.415 preamble

266.315 preamble

Changed “you” to “a generator”; changed

“your” to “its”

726.415(a) 266.315(a) Added

a comma before “as described” to offset

a parenthetical”; changed the ending

punctuation from a period to a semicolon

726.415(b) 266.315(b) Changed “you are” to “the generator is”;

added “federal” before “NRC” (twice);

changed “NRC Agreement State” to “Illinois

DNS” (twice); changed “your” to “its”

(twice); changed “you” to “the generator”;

added a comma before “as described” to offset

a parenthetical”; changed the ending

punctuation from a period to a semicolon

726.415(c) 266.315(c) Added

a comma before “as described” to offset

a parenthetical”; changed the ending

punctuation from a period to a semicolon and

added the conjunction “and”

726.415(d) 266.315(d) Added a comma before “as described” to offset

a parenthetical”

726.420 heading

266.320 heading

Changed “What treatment standards must your

eligible waste meet?” to capitalized “Treatment

Standards for Eligible Waste”

726.420 266.320 Changed

“your”

“a generator’s”; added

“applicable”; changed to the defined

abbreviation “LDR”

726.425 heading

266.325 heading

Changed “Are you subject to the manifest and

transportation condition in § 266.315(b)?” to

capitalized “Treatment Standards for Eligible

Waste”

726.425

266.325

Changed “you are” to “a generator is”; added

“federal” before “NRC”; changed “NRC

Agreement State” to “Illinois DNS”; changed

“your” to “its”; changed “you” to “the

generator”; added “federal NRC” (twice);

changed the parenthetical “or NRC Agreement

State equivalent regulations” to “and Illinois

DNS manifest requirements under 32 Ill. Adm.

Code 340”; changed the parenthetical “or NRC

Agreement State equivalent regulations” to

“and the Illinois DNS transportation

requirements under 32 Ill. Adm. Code 341”

726.430 heading

266.330 heading

Changed “When does the transportation and

disposal exemption first take effect?” to

capitalized “Effectiveness of a Transportation

and Disposal Exemption”

726.430 preamble

266.330 preamble

Added “of” after “all”

726.430(a) 266.330(a) Changed “your” to “the generator’s”; changed

the ending punctuation from a period to a

semicolon

726.430(b) 266.330(b) Changed “you have” to “the generator has”;

changed “you have” to “it has”; changed “us”

to “the Agency”; added a comma before “as

described” to offset a parenthetical; changed

the ending punctuation from a period to a

semicolon

726.430(c) 266.330(c) Changed “you have” to “the generator has”;

changed “your” to “its”; added “federal”

before “NRC”; used lower-case “packaging

and transportation”; changed the parenthetical

“or NRC Agreement State equivalent

regulations” to “and Illinois DNS manifest

requirements under 32 Ill. Adm. Code 340”;

changed “your” to “a generator’s”; changed

the parenthetical “or NRC Agreement State

equivalent regulations” to “and the Illinois

DNS transportation requirements under 32 Ill.

Adm. Code 341”

726.430(d) 266.330(d) Changed “you have” to “the generator has”;

changed “your” to “its”; added “the federal”

before “NRC”; changed “NRC Agreement

State” to “the Illinois DNS”; changed “the

federal NRC or the Illinois DNS” to “the

federal NRC, the Illinois DNS, or by a nuclear

licensing agency in another state” to allow

exemption of waste in a vehicle licensed by

another state

726.435 heading

266.335 heading

Changed “Where must your exempted waste be

disposed of?” to capitalized “Disposal of

Exempted Waste”

726.435

266.335

Changed “your” to “a generator’s”; added “the

federal” before “NRC”; changed “or an NRC

Agreement State” to “the Illinois DNS under

35 Ill. Adm. Code: Subchapters b and d, or by

a licensing agency in another state” to allow

exemption of waste bound for disposal in a

facility regulated by another state; changed the

parenthetical “or NRC Agreement State

equivalent regulations” to “and the Illinois

DNS transportation requirements under 32 Ill.

Adm. Code 606”

726.440 heading

266.340 heading

Changed “What type of container must be used

for disposal of exempted waste?” to capitalized

“Containers Used for Disposal of Exempted

Waste”

726.440 preamble

266.340

Changed “disposed” to “disposed of”;

corrected “on of the following” to “one of the

following”

726.440(a) 266.340(a) Removed the

unnecessary ending conjunction

“or”

726.440(c)

266.340(c)

Added a comma before “as defined” to offset

the parenthetical; added and the Illinois DNS”

to provide for notice to the DNS

726.445 heading

266.345 heading

Changed “Whom must you notify?” to

“Notification”

726.445(a) 266.345(a) Changed “you” to “a generator”; changed

“us” to “the Agency”; added and the Illinois

DNS” to provide for notice to the DNS;

changed “you are” to “it is”; changed “your”

to “the generator’s” (twice); changed “your” to

“its” ; removed an unnecessary comma after

“number” that separated a simple compound

726.445(b) 266.345(b) Changed “you” to “a generator”; changed

“your” to “its” (twice); changed “you” to “the

generator”; changed “you have” to “it has”;

changed “you have” to “it has”; added

“information”

726.445(b)(1) 266.345(b)(1) Changed “you

have” to “the generator has”;

changed the ending punctuation from a period

to a semicolon

726.445(b)(2) 266.345(b)(2) Changed the

ending punctuation from a period

to a semicolon

726.445(b)(3) 266.345(b)(3) Changed “your”

to “the generator’s”; changed

the ending punctuation from a period to a

semicolon

726.445(b)(4) 266.345(b)(4) Changed the

ending punctuation from a period

to a semicolon

726.445(b)(5) 266.345(b)(5) Changed the

ending punctuation from a period

to a semicolon

726.445(b)(6) 266.345(b)(6) Changed the

ending punctuation from a period

to a semicolon and added the conjunction

“and”

726.445(b)(7) 266.345(b)(7) Changed “your” to “the generator’s”

726.450 heading

266.350 heading

Changed “What records must you keep at your

facility?” to upper-case “Recordkeeping for a

Transportation and Disposal Conditional

Exemption”

726.450 preamble

266.350 preamble

Changed “your” to “a generator’s”; changed

“NRC Agreement State” to “Illinois DNS”;

changed “you” to “the generator”

726.450(a) 266.350(a) Changed “you” to “the generator” (twice);

changed “your” to “its”

726.450(b) 266.350(b) Changed “you” to “the generator”

726.450(c) 266.350(c) Changed “you” to “the generator”

726.450(d) 266.350(d) Changed “you” to “the generator”

726.450(e) 266.350(e) Changed “you are” to “the generator is”;

added “federal” before “NRC”; changed “or

NRC Agreement State equivalent” to “and

Illinois DNS”; changed “your” to “its”;

changed “you” to “the generator”; added

“federal” before “10 CFR 20.2006”; changed

“or NRC Agreement State equivalent

regulations” to “and Illinois DNS requirements

under 32 Ill. Adm. Code 340”

726.455 heading

266.355 heading

Changed “How could you lose the

transportation and disposal conditional

exemption for your waste and what actions

must you take?” to upper-case “Loss of a

Transportation and Disposal Conditional

Exemption and Required Action”

726.455(a) 266.355(a) Changed “you fail” to “the generator fails”

726.455(a)(1) 266.355(a)(1) Changed “you fail” to “the generator fails”;

changed “your” to “its” (twice); changed

“you” to “the generator”; changed “us” to

“the Agency”; changed “your” to “the

generator’s”; added “the following”; added

and the Illinois DNS” to provide for notice to

the DNS; changed “within 30 days of” to

“within 30 days after”

726.455(a)(1)(A) 266.355(a)(1)(i)

Changed “condition(s)” to “conditions”;

changed “you” to “the generator”

726.455(a)(1)(C) 266.355(a)(1)(iii)

Changed “date(s)” to “dates”; changed “you”

to “the generator”; changed “condition(s)” to

“conditions”

726.455(a)(2) 266.355(a)(2) Changed “you” to “the generator”; changed

“us” to “the Agency”

726.455(b) 266.355(b) Changed “we” to “the Board”; added “by an

order issued in an enforcement proceeding

against the generator”; changed “your” to “the

generator’s”; changed “you” to “the

generator”; changed “requirement(s)” to

“requirements”

726.460 heading

266.360 heading

Changed “If you lose the transportation and

disposal conditional exemption for a waste, can

the exemption be reclaimed?” to upper-case

“Reclaiming a Lost Transportation and

Disposal Conditional Exemption”

726.460(a) 266.360(a) Changed “you” to “a generator”; changed

“the” to “a”; added “lost” before

“transportation”; added “conditional” before

“exemption”; changed “you have” to “the

generator has”; changed “we have” to “the

Agency has”; changed “your” to “the

generator’s”; added “the following conditions

are fulfilled”; added and the Illinois DNS” to

provide for notice to the DNS; changed to

plural “have”

726.460(a)(1) 266.360(a)(1) Changed “you again meet” to “the generator

again meets”

726.460(a)(2) 266.360(a)(2) Changed “you send” to “the generator sends”;

changed “us” to “the Agency”; changed “you

are” to “the generator is”; changed “your” to

“the generator’s”; added “ include all of the

following”

726.460(a)(2)(A) 266.360(a)(2)(i)

Changed “explain” to “an explanation of”;

changed the ending punctuation from a period

to a semicolon

726.460(a)(2)(B) 266.360(a)(2)(ii) Changed “certify” to “a certification”; changed

“you” to “the generator”; changed “you meet”

to “the generator meets”; changed “you

specify” to “the generator specifies”; changed

the ending punctuation from a period to a

semicolon

726.460(a)(2)(C) 266.360(a)(2)(iii)

Changed “describe” to “a description of”;

added “that” for a restrictive relative clause;

changed “you have” to “the generator has”

(twice); changed the ending punctuation from a

period to a semicolon and added the

conjunction “and”

726.460(a)(2)(D) 266.360(a)(2)(iv) Deleted “include”; added “that” for a

restrictive relative clause; changed “you want”

to “the generator wants; changed “us” to “the

Agency”; changed “we review” to “the

Agency reviews”; changed “your” to “the

generator’s”

726.460(b) 266.360(b) Changed “we” to “the Agency” (twice);

changed “we determine” to “it determines”;

added “in writing, pursuant to Section 39 of

the Act” as a parenthetical offset by a comma”;

changed “your” to “the generator’s”; added

“the following”; changed “you have” to “the

generator has” (twice); changed “you” to “the

generator”; added “any Agency determination

. . . pursuant to Section 40 of the Act”

728.134(d) 268.34(d)

Used

explanatory language in place of the word

“reserved”

728.136(a) 268.36(a)

Changed “EPA

Hazardous Waste Numbers” to

lower-case “USEPA hazardous waste

numbers”

728.136(b) 268.36(b)

Added “any of the following is true with

Corrected the CAS number from “35822-39-4”

to “35822-46-9”

738.118(k) 148.18(k)

Changed “EPA Hazardous Waste Numbers” to

lower-case “USEPA hazardous waste

numbers”

Table 2:

Board Housekeeping Amendments

Changed “shall” to “must”

203.280(j)(1)

JCAR

Changed to lower-case “see”; added the year to the

Code of Federal Regulations

citation

720 source note

Board

Corrected the effective date of R01-3 to “January 11,

2001”

720.110 “boiler”

Board

Changed “shall” to “may”

Added an incorporation of federal NRC requirements

720.111(b) “10 CFR

10, Appendix B”

Board

Updated the incorporation of federal NRC requirements

to the most recent edition available

720.111(b) “10 CFR

71”

Board

Added an incorporation of federal NRC requirements

720.111(b) “40 CFR

51.100(ii)”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

51, Appendix W”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

52.741, Appendix B”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

60”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

61, Subpart V”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

63”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

136”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

142”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

220”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

232.2”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

260.20”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

264”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

268, Appendix IX”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

270.5”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

761”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

107”

Board

Added the incorporation of U.S. Department of

Transportation (USDOT) requirements

720.111(b) “40 CFR

171”

Board

Updated the incorporation of USDOT requirements to

the most recent edition available

720.111(b) “40 CFR

172”

Board

Added the incorporation of USDOT requirements

720.111(b) “40 CFR

173”

Board

Updated the incorporation of USDOT requirements to

the most recent edition available

720.111(b) “40 CFR

178”

Board

Updated the incorporation of USDOT requirements to

the most recent edition available

720.111(b) “40 CFR

179”

Board

Added the incorporation of USDOT requirements

721 source note

JCAR

Corrected the effective date of R01-3 to “January 11,

2001”

721.102(c)(3)

IERG

Added Board note re the Association of Battery

Recyclers decision

721.102(e)(1)

Board

Added a comma after “ash” to separate elements of a

series

721.102(e)(1)(C)

Board

Added a space to correct “the materials”

721.103(a)(2)(C)

Board

Added an explanatory reference to replace the federally-

withdrawn provision

721.103(a)(2)(D)(ii) Board

Changed “and/or” to “or”

721.103(a)(2)(D)(vii) JCAR

Removed the

unnecessary comma after the word

“provided”

721.103(e)(1)

JCAR

Added a comma after the word “ash” to separate the

emlements of a series

721.104(a)(9)(C)(v) Board

Changed “shall” to “must”

721.104(a)(12)(A) Board

Hyphenated the

word “by-products” for consistency

721.104(a)(17)(C) Board

Corrected the

cross-reference to “(a)(17)(D)”

721.104(a)(17)(D) Board

Changed “shall” to “must”

721.104(a)(17)(D)(i) Board

Changed “shall” to “must”

721.104(a)(17)(D)(iii)

Board

Corrected the cross-reference to “(a)(17)(D)”; changed

Added Board note re the Association of Battery

Recyclers decision

721.104(a)(18)(B)

Board

Hyphenated the word “by-products” for consistency

721.104(b)(1)

Board

Changed “shall” to “must”

721.104(b)(15)(A)(i) Board

Changed “Hazardous Waste Codes” to “the following

USEPA hazardous waste numbers that is”; added “listed

for the waste”

721.104(b)(15)(A)(ii)

Board

Corrected the cross-reference to “(b)(15)(A)(ii)”; added

“as set forth in that subsection” as a parenthetical

721.104(b)(15)(B)

Board

Removed the past effective date “after February 13,

2001”

721.104(d)(2)

Board

Changed “shall” to “must”

721.104(e)(2)(A) Board Changed “wastestream” to “waste stream” for

consistency

721.104(e)(3)(C) Board Changed “shall” to “must”

721.104(e)(3)(C)(ii) JCAR

Changed “wastestream” to “waste stream” for

consistency

721.104(e)(3)(C)(iv) Board

Changed “shall” to “must”

721.124(a)

Board

Changed “U.S. EPA” to “USEPA”

721.124(a) Board note

Board

Added Board note explanation re the Association of

Battery Recyclers decision

721.124(b)

Board

Changed “U.S. EPA Hazardous Waste Number” to

“USEPA hazardous waste number”

721.124(b) table

Board

Changed “U.S. EPA” to “USEPA” in column 1

heading

721.132 “K174”

JCAR

Hyphenated “non-hazardous” for consistency

721.Appendix G

“F020”

Board

Added a comma after the word “amines” to separate the

Added a comma after the word “penta-” to separate the

Added a comma after the word “amines” to separate the

Changed to plural “amines”; added a comma after the

word “amines” to separate the elements of a series

721.Appendix G

“F020”

Board

Changed to plural “amines”; added a comma after the

word “amines” to separate the elements of a series

721.Appendix G

“F020”

Board

Changed commas to semicolons to separate the elements

of a series containing sub-series (eight times); added the

conjunction “and” to separate the final elements of the

Added a comma after the word “arsenic” to offset the

final element of the series

721.Appendix G

“F035”

Board

Added a comma after the word “chromium” to offset

the final element of the series; removed the conjunction

“and” for consistency

721.Appendix G

“K001”

JCAR

Corrected the spelling of “creosote”

724.440(b) Board note

JCAR,

Board

Replaced the brackets and paraphrasing of the quoted

language with the exact text quoted

724.651(e)(4)(C)

JCAR

Corrected the reference to “this subsection (e)”

724.651(h) Board

Changed

“clean-up” to “cleanup” for consistency

724.651(c)

Board

Changed “shall” to “must”

724.651(c)(1)

Board

Changed “shall” to “must”

724.651(c)(2)

Board

Changed “shall” to “must”

724.651(c)(3)

Board

Changed “shall” to “must”

724.651(c)(4)

Board

Changed “shall” to “must”

724.651(c)(5)

Board

Changed “shall” to “must”

724.651(c)(6)

Board

Changed “shall” to “must”

724.651(c)(7)

Board

Changed “shall” to “must”

Changed “shall” to “must”

724.651(e)(4)(A)

Board

Changed “shall” to “must”

724.651(e)(4)(B)

Board

Changed “shall” to “must”

724.651(e)(4)(C) Board Changed “shall” to “must”

724.651(e)(4)(D)

Board

Changed “shall” to “must”

724.651(f)

Board

Changed “shall” to “must” (twice)

724.651 Board note

Board

Deleted the Board note explanation of dual regulation by

the State and USEPA

724.654 preamble

Board

Deleted the explanatory preamble

724.654(a)

Board

Changed “what is a staging pile?” to “definition of a

staging pile.”

724.654(b)

Board

Changed “when may an owner or operator use a staging

pile?” to “use of a staging pile.”; changed “shall” to

“must” (twice)

724.654(c)

Board

Changed “what information must an owner or operator

provide to get a staging pile designated?” to “information

that an owner or operator must submit to gain designation

of a staging pile.”; changed “shall” to “must”

724.654(d)

Board

Changed “what performance criteria must a staging pile

satisfy?” to “performance criteria that a staging pile must

satisfy.”; changed “shall” to “must”

724.654(d)(1)(C) Board Changed “shall” to “must” (twice)

724.654(d)(2)

Board

Changed “shall” to “must”

724.654(e)

Board

Changed “may a staging pile receive ignitable or reactive

remediation waste?” to “receipt of ignitable or reactive

remediation waste.”; changed “shall” to “must”

724.654(f)

Board

Changed “how does an owner or operator handle

incompatible remediation wastes in a staging pile?” to

“managing incompatible remediation wastes in a staging

pile.”; changed “shall” to “must”

724.654(f)(1)

Board

Changed “shall” to “must”

724.654(f)(2)

Board

Changed “shall” to “must”

724.654(f)(3)

Board

Changed “shall” to “must”

724.654(g)

Board

Changed “are staging piles subject to land disposal

restrictions (LDR) and federal minimum technological

requirements (MTR)? no.” to “staging piles are subject

to land disposal restrictions and federal minimum

technological requirements.”

724.654(g)

Board

Changed “are staging piles subject to land disposal

restrictions (LDR) and federal minimum technological

requirements (MTR)? no.” to “staging piles are subject

to land disposal restrictions and federal minimum

technological requirements.”; changed “shall” to “must”

724.654(h) Board

Changed

“how long may an owner or operator operate a

staging pile?” to “how long an owner or operator may

operate a staging pile.”; changed “shall” to “must”

724.654(i)

Board

Changed “may an owner or operator receive an operating

extension for a staging pile?” to “receiving an operating

extension for a staging pile.”; changed “shall” to “must”

724.654(i)(1)

Board

Changed “shall” to “must”

724.654(i)(2)

Board

Changed “shall” to “must”

724.654(j)

Board

Changed “what is the closure requirement for a staging

pile located in a previously contaminated area?” to “the

closure requirement for a staging pile located in a

previously contaminated area.”

724.654(j)(1)

Board

Changed “shall” to “must”

724.654(j)(2)

Board

Changed “shall” to “must”

724.654(j)(3)

Board

Changed “shall” to “must”

724.654(k)

Board

Changed “what is the closure requirement for a staging

pile located in an uncontaminated area?” to “the closure

requirement for a staging pile located in a previously

uncontaminated area.”

724.654(k)(1)

Board

Changed “shall” to “must”

724.654(k)(2)

Board

Changed “shall” to “must”

724.654(l)

Board

Changed “how may an existing permit (for example,

RAP), closure plan, or order be modified to allow an

owner or operator to use a staging pile?” to “modifying

an existing permit (e.g., a RAP), closure plan, or order

to allow the use of a staging pile.”

724.654(l)(1)(A)

Board

Changed “shall” to “must”

724.654(l)(1)(B)

Board

Changed “shall” to “must”

724.654(l)(2)

Board

Changed “shall” to “must”

724.654(l)(3)

Board

Changed “shall” to “must”

724.654(l)(4)

Board

Changed “shall” to “must”

724.654(m) Board

Changed

“is

information about the staging pile available

to the public?” to “public availability of information

about a staging pile.”; changed “shall” to “must”

728 table of contents

JCAR,

Board

Amended the heading of Section 728.Appendix C to

agree with amendments filed in consolidated docket

R01-21/R01-23

728 source note

JCAR

Corrected the effective date of R01-3 to “January 11,

2001”

728.144(a) Board note

Board

Added Board note re the Association of Battery

Recyclers decision

728.144(c) Board

Removed

the past effective date

728.149(a) table

Board

Changed “determined to contain” to “determined not to

contain”

728.149(d) JCAR

Capitalized

“universal treatment standards,” added the

word “entitled,” placed the capitalized word in

quotation marks, and offset this with a comma to show

this as the title of Table U

728.Appendix G,

table 2 note 10

Board

Added a space before “U372”

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “F027”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “F028”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

numbers for HxCDFs, PeCDDs, PeCDFs, TCDDs, and

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “K099”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “K175”

(two entries)

Board

Corrected the CAS number for mercury to “7439-97-6”

Code of Federal Regulations

reference to

include the

Federal Register

citation to the November

738 table of contents

JCAR

Corrected the Section 738.124 heading

Table 3:

Revisions to the Text of the Proposed Amendments in Final Adoption

Corrected the effective date of R01-3 to “January 11,

Added an incorporation of federal NRC requirements

720.111(b) “10 CFR

10, Appendix B”

Board

Updated the incorporation of federal NRC requirements

to the most recent edition available

720.111(b) “10 CFR

71”

Board

Added an incorporation of federal NRC requirements

720.111(b) “40 CFR

51.100(ii)”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

51, Appendix W”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

52.741, Appendix B”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

60”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

61, Subpart V”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

63”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

136”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

142”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

220”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

232.2”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

260.20”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

264”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

268, Appendix IX”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

270.5”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

761”

Board

Updated the incorporation of USEPA requirements to

the most recent edition available

720.111(b) “40 CFR

107”

Board

Added the incorporation of U.S. Department of

Transportation (USDOT) requirements

720.111(b) “40 CFR

171”

Board

Updated the incorporation of USDOT requirements to

the most recent edition available

720.111(b) “40 CFR

172”

Board

Added the incorporation of USDOT requirements

720.111(b) “40 CFR

173”

Board

Updated the incorporation of USDOT requirements to

the most recent edition available

720.111(b) “40 CFR

178”

Board

Updated the incorporation of USDOT requirements to

the most recent edition available

720.111(b) “40 CFR

179”

Board

Added the incorporation of USDOT requirements

721 source note

JCAR

Corrected the effective date of R01-3 to “January 11,

2001”

721.102(c)(3) USEPA,

Board

Added USEPA amendments of March 13, 2002; deleted

the proposed Board note

721.103(a)(2)(D)

JCAR

Corrected the reference to “subsection (g) of this

Section”

721.103(a)(2)(D)(ii) Board

Changed “and/or” to “or”

721.103(a)(2)(D)(vii) JCAR

Removed the

unnecessary comma after the word

“provided”

721.103(e)(1)

JCAR

Added a comma after the word “ash” to separate the

emlements of a series

721.103(g)(1)

JCAR

Removed the unnecessary comma after the word

“waste”

721.103(g)(3)

Board

Corrected the reference to “this subsection (g)”

721.103(h)(3)

JCAR

Corrected the reference to “this subsection (h)”

721.104(a)(4)

Board, DNS

Changed “source, special nuclear, or by-product

material” to “source, by-product, or special nuclear

material”

721.104(a)(12)(A) Board

Hyphenated the

word “by-products” for consistency

721.104(a)(17) USEPA

Added USEPA

amendments of March 13, 2002

721.104(a)(17)(A) USEPA Added USEPA amendments of March 13, 2002

721.104(a)(17)(B) USEPA Added USEPA

amendments of March 13, 2002

721.104(a)(17)(C) USEPA,

Board

Added USEPA amendments of March 13, 2002;

changed “secondary” to “spent” for consistency

721.104(a)(17)(D) USEPA,

Board

Added USEPA amendments of March 13, 2002;

changed “secondary” to “spent” for consistency

721.104(a)(17)(D)(i) USEPA,

Board

Changed “secondary” to “spent” for consistency

721.104(a)(17)(D)(ii) USEPA,

Board

Added USEPA amendments of March 13, 2002

721.104(a)(17)(E) USEPA,

Board

Added USEPA amendments of March 13, 2002

721.104(a)(17)(F) USEPA,

Board

Added USEPA amendments of March 13, 2002;

removed the proposed Board note

721.104(a)(18)(B)

Board

Hyphenated the word “by-products” for consistency

721.104(e)(2)(A) Board Changed “wastestream” to “waste stream” for

consistency

721.104(e)(3)(C)(ii) JCAR

Changed “wastestream” to “waste stream” for

consistency

721.124(a)

USEPA

Added USEPA amendments of March 13, 2002

721.124(a) Board note

Board

Removed the proposed language relating to the

Association of Battery Recyclers decision

721.132 “K174”

JCAR

Hyphenated “non-hazardous” for consistency

721.132 “K177”

JCAR

Changed “disposed” to “disposed of”

721.Appendix G

“F020”

Board

Added a comma after the word “amines” to separate the

Added a comma after the word “penta-” to separate the

Added a comma after the word “amines” to separate the

Changed to plural “amines”; added a comma after the

word “amines” to separate the elements of a series

721.Appendix G

“F020”

Board

Changed to plural “amines”; added a comma after the

word “amines” to separate the elements of a series

721.Appendix G

“F020”

Board

Changed commas to semicolons to separate the elements

of a series containing sub-series (eight times); added the

conjunction “and” to separate the final elements of the

Added a comma after the word “arsenic” to offset the

final element of the series

721.Appendix G

“F035”

Board

Added a comma after the word “chromium” to offset

the final element of the series; removed the conjunction

“and” for consistency

721.Appendix G

“K001”

JCAR

Corrected the spelling of “creosote”

724 table of contents

JCAR,

Board

Corrected the format of the Sections 724.651 and

724.652 headings amendments

724.440(b) Board note

JCAR,

Board

Replaced the bracketed paraphrased language with the

direct quoted language, “approach”; replaced the

brackets and paraphrasing of the quoted language with

the exact text quoted

724.651(e)(4)(C)

JCAR

Corrected the reference to “this subsection (e)”

724.651(h) Board

Changed

“clean-up” to “cleanup” for consistency

724.652 JCAR,

Board

Corrected the format of the Section heading

amendments

724.652(a) JCAR

Changed

lower-case “section 3008(h)”

724.652(a)(1)(A)

JCAR

Changed to single word “groundwater”

724.652(a)(1)(B)

JCAR

Removed the quotation marks from the term “CAMU-

eligible waste”

724.652(a)(2)

JCAR

Corrected the spelling of the word “Subtitle”; changed

the ending colon to a period

724.652(e)(3)(B)(i)

Board

Changed to single word “groundwater”

724.652(e)(4)(A)(i)

Board note

JCAR

Removed the periods from the abbreviation “CFR”

724.652(e)(4)(A)(ii)

Board

Changed to single word “groundwater”

724.652(e)(4)(E)(v)

Board

Corrected the reference to “subsection (e)(4)(I) of this

Removed the periods from the abbreviation “CFR”

724.652(e)(4)(H)(i) JCAR

Corrected the format of “10

-3”

724.652(e)(4)(H)(i) JCAR

Deleted the

unnecessary comma after the word

“Section”

724.652(e)(5)

JCAR

Changed to single word “groundwater”

724.652(e)(5)(A)

JCAR

Changed to single word “groundwater”

724.652(e)(5)(B)

JCAR

Changed to single word “groundwater”

724.652(e)(5)(C)

JCAR

Changed to single word “groundwater”

724.652(e)(6)(D) JCAR Changed to lower-case “requirements”

724.652(e)(6)(D)(i)

Board note

JCAR

Removed the periods from the abbreviation “CFR”

724.652(f)

JCAR

Changed the ending punctuation to a colon

724.652(f)(1) Board,

JCAR

Changed “and/or” to “or”; changed to singular

“operates”; removed the unnecessary comma after the

word “piles”

724.652(f)(2)

JCAR

Changed to singular “does”

724.652(f)(2)(A)

JCAR

Removed the unnecessary comma after the word

“waste”

724.652(g)

Board

Changed to single word “groundwater”

724.652(k)

JCAR

Added the definite article “the” before the word

“Agency”; changed “clean-up” to “cleanup”

724.654(g)

Agency

Added the word “not” before the word “subject”

724.654(l)

JCAR

Changed “an RAP” to “a RAP”

724.655(a)(2)(B)

JCAR

Changed “§” to “Section”

724.655(e)(2)

JCAR

Changed “within 15 days of” to “within 15 days after”

724.655(f)

JCAR

Changed a semicolon to a period and capitalized the

word “off” to begin the resulting second sentence

726 table of contents

JCAR

Capitalized the word “no” in the Section 726.355

heading

726.310 “DNS”

DNS

Changed “byproduct, source, or special nuclear

material” to “source, by-product, and special nuclear

material”; changed “under agreement with” to “in

accordance with an agreement between the State and”;

Added an explanation of the broader scope of materials

regulated by the DNS; added the address for submitting

notices to the DNS

726.310 “eligible

naturally occurring or

accelerator-produced

radioactive material”

DNS

Changed “10 CFR 61 or DNS regulations” to “10 CFR

61, DNS regulations, or the equivalent regulations of a

licensing agency in another state” to allow exemption of

waste bound for disposal in a facility regulated by

another state

726.310 “eligible

naturally occurring or

accelerator-produced

radioactive material”

Board note

DNS

Changed “32 Ill. Adm. Code: Chapter II, Subchapter

b” to “32 Ill. Adm. Code: Chapter II, Subchapter b

Changed “source, special nuclear, or by-product

material” to “source, by-product, and special nuclear

material”; hyphenated “by-product” for consistency

Changed the standardized abbreviation to “LLRW”;

added an explanation of the different scope of the

definition given this term under Illinois nuclear safety

statutes and DNS regulations.

726.310 “mixed

waste”

DNS

Changed “source, special nuclear, or by-product

material” to “source, by-product, and special nuclear

material”; hyphenated “by-product” for consistency

Added an explanation of the different scope of the

definition given this term under Illinois nuclear safety

statutes and DNS regulations.

726.310 “NARM”

DNS

Changed “source, special nuclear, or by-product

material” to “source, by-product, or special nuclear

material”; hyphenated “by-product” for consistency

Changed “32 Ill. Adm. Code: Chapter II, Subchapter

b” to “32 Ill. Adm. Code: Chapter II, Subchapter b

Added the address given in 10 C.F.R. 1.5(b)(3) for

submission of required notices to the NRC

726.320

JCAR

Corrected the reference to “Section 726.325”

726.325

JCAR

Changed “ineligible this exemption” to “ineligible for

this exemption”

726.330(a) JCAR,

DNS, Board

Added a comma after “exemption” to offset the

intorductory prepositional phrase; added “and the

Illinois DNS” to provide for notice to the DNS;

changed “within 90 days of the effective date of this

rule” to “before July 21, 2002”; changed “within 90

days of” to “within 90 days after”; added “whichever is

later” as a parenthetical offset by a comma

726.330(b)

JCAR

Added a comma after “LLMW” to offset the

intorductory prepositional phrase

726.340(a)(1)

JCAR

Changed “within 30 days of” to “within 30 days after”

726.345(b)

JCAR

Added a comma before “pursuant to” to offset the

parenthetical

726.350(a)(2)

JCAR

Deleted the unnecessary comma after “inventories” that

separated the two-element series

726.355 heading

JCAR

Capitalized the word “no”

726.355(a)

JCAR

Capitalized the word “Sections”

726.360

JCAR

Changed “the effective date of this rule” to “April 22,

2002” (twice)

726.425

JCAR, DNS

Added the parenthetical language “incorporated by

reference . . . offset by commas; corrected the reference

to “10 CFR 71.5”

726.430(c)

JCAR

Added the parenthetical language “incorporated by

reference . . . offset by commas; corrected to singular

“has”

726.430(d) DNS

Changed

“the federal NRC or the Illinois DNS” to “the

federal NRC, the Illinois DNS, or by a nuclear

licensing agency in another state” to allow exemption of

waste in a vehicle licensed by another state

726.435

DNS

Changed “by the federal NRC under 10 CFR 61 or by

the Illinois DNS under 32 Ill. Adm. Code 606” to “the

federal NRC under 10 CFR 61, the Illinois DNS under

35 Ill. Adm. Code: Subchapters b and d, or by a

licensing agency in another state” to allow exemption of

waste bound for disposal in a facility regulated by

another state

726.440 preamble

JCAR

Changed “disposed” to “disposed of”; corrected “on of

the following” to “one of the following”

726.440(b) Board note

JCAR

Capitalized the word “title”

726.440(c) Board,

JCAR

Hyphenated “high-integrity”; added a reference to

“Appendix G to 40 CFR 20” as the source of the

definition of the term; added language to incorporate

this source by reference

726.445(a)

DNS

Added and the Illinois DNS” to provide for notice to the

DNS

726.445(b)(3) Board

Corrected “facilitys” to “possessive “facility’s”

726.450(e)

JCAR

Added the parenthetical language “incorporated by

reference . . . offset by commas; corrected to singular

“has”; corrected the reference to “subsections (a)

through (d) of this Section”

726.455(a)(1)

DNS, JCAR

Added and the Illinois DNS” to provide for notice to the

DNS; changed “within 30 days of” to “within 30 days

after”

726.460(a)

DNS

Added and the Illinois DNS” to provide for notice to the

DNS; changed to plural “have”

726.460(b)

JCAR

Added a comma before “pursuant to” to offset the

parenthetical, added a comma after “but not limited to”

to offset the parenthetical; capitalized the word

“section”

728 table of contents

JCAR,

Board

Corrected the heading of Section 728.136 to indicate the

present amendments; amended the heading of Section

728.Appendix C to agree with amendments filed in

consolidated docket R01-21/R01-23

728 source note

JCAR

Corrected the effective date of R01-3 to “January 11,

2001”

728.134 (a)

Board

Removed the Board note referring to the Association of

Battery Recyclers decsion due to the federal March 13,

2002 amendments

728.149(d) JCAR

Capitalized

“universal treatment standards,” added the

word “entitled,” placed the capitalized word in

quotation marks, and offset this with a comma to show

this as the title of Table U

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “F027”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “F028”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “F039”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “K043”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “K099”

Board

Added the CAS numbers for HxCDFs, PeCDDs,

PeCDFs, TCDDs, and TCDFs

728.Table T “K175”

(two entries)

Board

Corrected the CAS number for mercury to “7439-97-6”

728.Table T “K176”

Agency,

Board

Added underlining to show the listing as added;

corrected the CAS number for mercury to “7439-97-6”

728.Table T “K177”

Board

Added underlining to show the listing as added

Added underlining to show the listing as added; added

the CAS numbers for HxCDFs, PeCDDs, PeCDFs,

TCDDs, and TCDFs; corrected the nonwastwaters entry

for 1,2,3,4,6,7,8,9-OCDD to “0.005”; added the

missing entry for “OCDF”; changed the

nonwastewaters entry for thallium to “0.20 mg/L

738 table of contents

JCAR

Corrected the Section 738.124 heading

Table 4

Requested Revisions to the Text of the Proposed Amendments Not Made in

Final Adoption

Section Affected

Source(s) of Request:

Requested Revision(s)

Explanation

721.102(c)(3)

JCAR: Change “C.F.R.”

to “CFR” (twice)

The Board note containing the

references was deleted on adoption.

721.103(g)(1)

JCAR: Delete semicolons

separating members of a

series.

The semicolons add clarity, since the

elements of the series each contain a

parenthetical offset by a comma.

721.104(a)(17)

JCAR: Change “C.F.R.”

to “CFR” (twice)

The Board note containing the

references was deleted on adoption.

721.124(a)

JCAR: Change “it

applies” to “they apply.”

The Board note segment containing

the language was deleted on adoption.

724.652(E)(5)(C)

JCAR: Change “form” to

“from.”

This error appears only in the text

retyped by JCAR for

Illinois Register

publication; it does not appear in the

text submitted by the Board to the

Office of Secretary of State for

publication.

726.310 “DNS”

DNS: Include language in

the definition that states

that the DNS regulates

materials not licensed by

the federal NRC.

The Board has the alternative of

including this explanation in a Board

note appended to the definition.

726.310 “eligible naturally

occurring or accelerator-

produced radioactive

material”

DNS: The DNS differs

from USEPA in that it

recognizes that mixed

waste may include NARM.

Change “low-level

radioactive waste disposal

facility” to “disposal

facility,” and include a

separate definition of

“low-level radioactive

waste disposal facility.”

The USEPA gives separate

consideration to NARM and does not

recognize mixed waste as including

NARM. Altering the definition to

conform with nuclear safety laws and

regulations could change the scope of

the defined term. The Board has

added a Board note that explains the

differing definitions.

726.310 “low-level

radioactive waste”

DNS: This definition

differs from the definition

given the same term under

nuclear safety laws and

regulations.

The Board has the alternative of

including this explanation in a Board

note appended to the definition.

726.310 “mixed waste”

DNS: This definition

differs from the definition

given the same term under

nuclear safety laws and

regulations. The DNS

differs from USEPA in

that it recognizes that

mixed waste may include

NARM.

Altering the definition to conform

with nuclear safety laws and

regulations could change the scope of

the defined term. The Board has

added a Board note that explains the

differing definitions.

726.325

DNS: The federally

derived rule considers low-

level mixed waste, but not

NARM, as eligible for the

storage and treatment

conditional exemption.

The DNS differs from

USEPA in that it

recognizes that low-level

radioactive waste may

include NARM.

Altering the definition to conform

with nuclear safety laws and

regulations could change the scope of

the defined term. The Board has

added a Board note that explains the

differing definitions.

726.410

DNS: The federally

derived rule expressly

considers low-level mixed

waste and NARM as

eligible for the

transportation and disposal

conditional exemption.

The DNS differs from

USEPA in that it

recognizes that low-level

radioactive waste may

include NARM.

Altering the definition to conform

with nuclear safety laws and

regulations could change the scope of

the defined term. The Board has

added a Board note that explains the

differing definitions.

726.435

JCAR: Add the date to

incorporate 10 C.F.R. 61

by reference.

This is a reference to federal

regulation and licensing under this

regulation, but no requirements from

that regulation are incorporated.

728.Table T “D013,” “

The appropriate symbol is “

”

(gamma), not “

” (chi), and it appears

as overstruck in the text submitted by

the Board to the Office of Secretary of

State for publication; it appears as

“chi” in the text retyped by JCAR for

Illinois Register

publication. Further,

JCAR retyped “

” from the amended

text submitted to the Secretary of State

for publication as “upsilon” (

which is what appeared in the

Illinois

Register

728.Table T “D039,” “

See the above explanation set forth for

728.Table T “D013,” “

See the above explanation set forth for

728.Table T “D013,” “

-BHC.”

728.Table T “K178,”

“1,2,3,4,6,7,8-HpCDD”

Agency: Change the CAS

number to “35822-39-4.”

Although the CAS number for this

chemical appears as “35822-39-4” in

the federal amendments of November

20, 200, at 66 Fed. Reg. 58258,

58300, and the corrections of April 9,

2002, at 67 Fed. Reg. 17119, “35822-

46-9” is the CAS number given this

compound in the listings for F039 and

K174 wastes in the table to 40 C.F.R.

268.40 and in the table to 40 C.F.R.

268.48(a). The Board has found

“35822-46-9” in Web searches for

this compound, and we believe that

this is the correct CAS number.

See the above explanation set forth for

728.Table T “D013,” “

See the above explanation set forth for

728.Table T “D013,” “

-BHC.”

738 table of contents

JCAR: Change “waste-

specific” to “waste

specific” for consistency in

the headings for Sections

738.117 and 738.118.

The hyphenated “waste-specific” is

the appropriate and preferred usage.

The Board’s choice for consistency

has been to change the Section

headings for Sections 738.110 through

738.116 to agree with this usage when

they open for amendment. However,

those Sections have not yet been

opened for amendment. As these

Sections open for amendment, the

Board will hyphenate “waste-specific”

in each of their Section headings.

HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION

EDITORIAL CONVENTIONS

It has previously been the practice of the Board to include an historical discussion in its

RCRA Subtitle C and UIC identical-in-substance rulemaking proposals. However, in the last

RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1, 1999

through Dec. 31, 1999), R00-13 (May 18, 2000), the Board indicated that it would cease this

practice. Therefore, for a complete historical summary of the Board’s RCRA Subtitle C and

UIC rulemakings and programs, interested persons should refer back to the May 18, 2000

opinion and order in R00-13.

The historical summary contains all Board actions taken to adopt and maintain these

programs since their inception and until May 18, 2000. It includes a listing of all site-specific

rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists

all USEPA program authorizations issued during that time frame. As necessary the Board will

continue to update the historical summary as a segment of the opinion in each RCRA Subtitle

C and UIC update docket, but those opinions will not repeat the information contained in the

opinion of May 18, 2000 in docket R00-13.

The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste

and UIC programs since May 18, 2000:

History of RCRA Subtitle C and State Hazardous Waste Rules Adoption

The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the

following docket since May 18, 2000:

R00-13

RCRA Subtitle C Update, USEPA Regulations (July 1, 1999 through

Dec. 31, 1999), R00-13 (May 18, 2000); published at 24 Ill. Reg.9443

(July 7, 2000), effective June 20, 2000.

R01-3

RCRA Subtitle C Update, USEPA Regulations (Jan. 1, 2000 through

June 30, 2000), R01-3 (Dec. 7, 2000); published at 25 Ill. Reg. 1266

(Jan. 26, 2001), effective January 11, 2001.

R01-23

RCRA Subtitle C Update, USEPA Regulations (July 1, 2000 through

Dec. 31, 2000), R01-23 (May 17, 2001); published at 25 Ill. Reg. 9108

(July 20, 2001), effective July 9, 2001. Consolidated with UIC update

docket R01-21.

R02-1

RCRA Subtitle C Update, USEPA Regulations (Jan. 1, 2001 through

June 30, 2001) This docket.

R02-12

RCRA Subtitle C Update, USEPA Regulations (July 1, 2001 through

Dec. 31, 2001) This docket.

History of UIC Rules Adoption

The Board has adopted and amended Underground Injection Control (UIC) regulations

in the following dockets since May 18, 2000:

R00-11

UIC Update, USEPA Regulations (July 1, 1999 through Dec. 31, 1999),

R00-11 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Dec. 22, 2001),

effective Dec. 7, 2001. Consolidated with docket R01-1.

R01-1

UIC Update, USEPA Regulations (Jan. 1, 2000 through June 30, 2000),

R01-1 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Dec. 22, 2001),

effective Dec. 7, 2001. Consolidated with docket R00-11.

R01-21

UIC Update, USEPA Regulations (July 1, 2000 through Dec. 31, 2000),

R01-21 (May 17, 2001); published at 25 Ill. Reg. 9108 (July 20, 2001),

effective July 9, 2001. Consolidated with UIC update docket R01-23.

R02-17

UIC Update, USEPA Regulations (July 1, 2001 through Dec. 31, 2001)

This docket.

RCRA Solid Waste Determinations Under 35 Ill. Adm. Code 720.131

Under 35 Ill. Adm. Code 720.131 (derived from 40 C.F.R. 260.31) a member of the

regulated community can petition the Board for a determination that certain materials that are

accumulated speculatively, recycled, reclaimed, and/or reused are not solid waste. A

determination that a material is not a solid waste obviates application of the RCRA Subtitle C

hazardous waste regulations to that material. Petitions for a solid waste determination that

have been filed with the Board since May 18, 2000 are the following:

AS 01-7

Petition of Progressive Environmental Services, Inc. d/b/a Antifreeze

Recycling for an Adjusted Standard Under 35 Ill. Adm. Code

720.131(c), AS 01-7 (January 10, 2002). Determination that

reprocessed or recycled automotive antifreeze is not a solid waste

granted.

AS 02-2

Petition of World Recycling, Inc. d/b/a Planet Earth Antifreeze for an

Adjusted Standard Under 35 Ill. Adm. Code 720.131(c), AS 02-2.

Petition that reprocessed or recycled automotive antifreeze is not a solid

waste filed February 2, 2002 and is currently pending.

Other Relief from RCRA Subtitle C Requirements

The Board received other petitions since May 18, 2000 for relief from certain of the

RCRA Subtitle C requirements:

AS 00-14

Petition of Environmental Services, Inc. for an Adjusted Standard From

35 Ill. Adm. Code 702.126(d)(1), AS 00-14 (June 8, 2000). Petition for

relief from the permit application owner and operator certification

requirements dismissed for lack of proof of publication.

AS 00-15

Petition of Environmental Services, Inc. for an Adjusted Standard From

35 Ill. Adm. Code 702.126(d)(1), AS 00-15 (February 1, 2001). Relief

granted from the permit application owner and operator certification

requirements.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion on April 18, 2002, by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board