ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    IN THE MATTER OF:
    )
    R93—16
    RCRA SUBTITLE C UPDATE,
    USEPA
    )
    (Identical in Substance Rules)
    REGULATIONS (1-1-93 THROUGH
    )
    6—30—93)
    )
    EXTENSION OF TIME.
    ORDER OF THE BOARD
    (by E. Dunham):
    Section 22.4(a)
    of the Environmental Protection Act
    (Act)
    (415 ILCS 5/22.4(a)) requires the Board to adopt regulations
    which are “identical in substance” with USEPA rules adopted to
    implement Subtitle C of the Resource Conservation and Recovery
    Act of 1976
    (P.L. 94—580),
    as amended
    (RCRA).
    The term
    “identical in substance” has been defined in Section 7.2 of the
    Act.
    Section 7.2(b)
    of the Act requires the Board to adopt a
    rule within one year of adoption of federal rule, unless the
    Board extends the time based on a finding that the time is
    insufficient and stating the reasons.
    It appears that adoption
    of the regulations in this Docket will be late.
    The Board is
    therefore entering this Order to extend the time.
    The USEPA
    RCRA
    rules are located at 40 CFR 260 et seq.
    These have been the subject of five recent amendments:
    58 Fed.
    Reg. 8658
    (Feb.
    16,
    1993),
    58 Fed. Reg.
    14317
    (Mar.
    17,
    1993); 58
    Fed. Reg.
    26420
    (May 3,
    1993);
    58 Fed.
    Reg. 28506
    (May 14,
    1993);
    and 58
    Fed. Reg. 29860
    (May 24, 1993).
    The federal amendments of
    February 16,
    1993 involved the corrective action management unit
    (CANU)
    and temporary unit
    (TU)
    regulations applicable to RCRA
    Subtitle
    C
    corrective actions.
    The federal amendments of March
    17,
    1993 involved amendments to the land disposal restrictions
    for Third Third wastes.
    The federal amendments of May 3,
    1993
    were technical amendments to the used and waste oil management
    standards.
    The federal amendments of May 14,
    1993 constituted
    the renewal of case—by—case capacity variance from the land
    disposal restrictions for hazardous debris.
    In the federal
    amendments of May 24,
    1993,
    the land disposal restrictions for
    ignitable and corrosive wastes whose treatment standards were
    vacated.
    The Board adopted a proposal for public comment on December
    16,
    1993.
    Notices of proposed amendments appeared in the
    Illinois
    Register on January 14,
    1994,
    at 18
    Ill.
    Reg.
    337
    (Part
    720)
    ,
    357
    (Part 721),
    377 (Part 725),
    388
    (Part 728),
    406
    (Part
    702),
    419
    (Part 703),
    439
    (Part 724),
    and 455
    (Part 739).
    The
    statutory public
    comment period will therefore expire on February
    28,
    1994.
    The
    Board hereby finds that an extension of time is
    necessary.
    The presently—anticipated completion date for this
    2
    proceeding is at the Board meeting of March
    3 or 17,
    1994, to be
    followed by a minimum 30-day post-adoption delay in filing to
    allow U.S. EPA to comment on the Board-adopted amendments.
    The
    reasons for delay are as follows:
    The prior
    RCRA
    Subtitle C update rulemaking, R93-4, was
    unusually complex and lengthy,
    involving over 600 pages of rules
    text,
    and the resulting delay in adopting and filing that
    proceeding resulted in a delay in initiating this matter.
    The
    Board had to await finalization of our electronic text of the
    R93-4 amendments,
    as filed,
    to begin this proceeding; many of the
    Sections involved in R93-4 are also involved in this update
    docket.
    Additionally, changes in membership of the Board
    effective November 15,
    1993 resulted in a reassignment of
    responsibility for this program to a new Board member.
    Pursuant to Section 7.2(b)
    of the Act, the Board will submit
    a copy of the text of this order for publication in the Illinois
    Register as expeditiously as possible.
    IT IS SO ORDERED.
    I, Dorothy M. Gunr~Clerkof the Illinois Pollution Control
    Board~do hereby certify)that the above order was adopted on the
    Lit.
    day of
    1994,
    by a vote of
    /
    /
    /1/
    _~I
    /,
    ~
    //
    Dorothy M. Gun~i, Clerk
    Illinois Poll’i~tionControl Board

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