00-013p051800

ILLINOIS POLLUTION CONTROL BOARD

May 18, 2000

IN THE MATTER OF:

)

RCRA SUBTITLE C UPDATE, USEPA

)

R00-13

AMENDMENTS (July 1, 1999, through

)

(Identical-in-Substance

December 31, 1999)

)

Rulemaking - Land)

Adopted Rule. Final Order.

OPINION OF THE BOARD (by E.Z. Kezelis):

Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS

5/7.2 and 22.4(a) (1998)), the Board adopts amendments to the Illinois regulations that are

“identical in substance” to 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

(1998)). The nominal timeframe of this docket includes federal RCRA Subtitle C amendments

that USEPA adopted in the period July 1, 1999, through December 31, 1999.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in

substance to federal regulations that USEPA adopts to implement Sections 3001 through 3005

of RCRA (42 U.S.C. §§ 6921-6925 (1998)). Section 22.4(a) also provides that Title VII of the

Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40

(1998)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal

RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273,

and 279.

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

filing the adopted amendments with the Office of the Secretary of State for 30 days following

the date of this opinion. The delay is pursuant to an agreement between USEPA and the State

of Illinois that allows USEPA additional time to review the adopted amendments before they

become effective.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

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

Docket R00-13: July 1, 1999, through December 31, 1999, RCRA Subtitle C

Amendments

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

period July 1, 1999, through December 31, 1999.

Each is summarized below:

64 Fed. Reg. 36466 (July 6, 1999)

USEPA adopted amendments that designate and regulate hazardous waste lamps as

universal waste.

64 Fed. Reg. 52828 (September 30, 1999)

USEPA adopted final emission standards for hazardous waste combustors. These

integrated air pollution control and hazardous waste regulations amend various segments

of the hazardous waste rules.

64 Fed. Reg. 56469 (October 20, 1999)

USEPA adopted a technical correction to its May 11, 1999 technical amendments to its

May 12, 1997 Phase IV land disposal restrictions (LDRs).

64 Fed Reg. 63209 (November 19, 1999)

USEPA adopted technical corrections to its September 30, 1999 final emission standards

for hazardous waste combustors.

Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest

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

opinion and accompanying order, we have identified two USEPA actions since December 31,

1999, that further amended the RCRA Subtitle C hazardous waste rules.

65 Fed. Reg. 12378 (March 8, 2000)

USEPA adopted increased accumulation limits and extended accumulation times for

wastewater treatment sludge from plating operations (USEPA hazardous waste number

F006) that is accumulated for metals recovery.

65 Fed. Reg. 14472 (March 17, 2000)

USEPA withdrew the listings for organobromine production wastes (USEPA hazardous

waste numbers K140 and U408) and the associated LDRs for these wastes.

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. The Board has identified the federal

actions of March 8 and 17, 2000, as two actions that fulfill these criteria. Accordingly, we

have included both sets of amendments in the present update docket R00-13.

Unrelated Federal Action Having an Ancillary Impact on the Illinois RCRA

Subtitle C Regulations

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

unrelated set of federal amendments might have 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:

64 Fed. Reg. 73414 (December 30, 1999)

USEPA amended the 40 C.F.R. 136 methods for testing available cyanide in water for

the purposes of compliance with the Clean Water Act.

Summary Listing of the Federal Actions Forming the Basis of the Board’s

Actions in this Docket

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

update docket are as follows, in chronological order:

64 Fed. Reg. 36466 (July 6, 1999)

USEPA adopted amendments that designate and

regulate hazardous waste lamps as universal

waste.

64 Fed. Reg. 52828 (September 30, 1999)

USEPA adopted final emission standards for

hazardous waste combustors. These integrated

air pollution control and hazardous waste

regulations amend various segments of the

hazardous waste rules.

64 Fed. Reg. 56469 (October 20, 1999)

USEPA adopted a technical correction to its

May 11, 1999 technical amendments to its

May 12, 1997 Phase IV LDRs.

64 Fed Reg. 63209 (November 19, 1999)

USEPA adopted technical corrections to its

September 30, 1999 final emission standards

for hazardous waste combustors.

64 Fed. Reg. 73414 (December 30, 1999)

40 C.F.R. 136 amendments.

65 Fed. Reg. 12378 (March 8, 2000)

USEPA adopted increased accumulation limits

and extended accumulation times for

wastewater treatment sludge from plating

operations (USEPA hazardous waste number

F006) that is accumulated for metals recovery.

65 Fed. Reg. 14472 (March 17, 2000)

USEPA withdrew the listings for

organobromine production wastes (USEPA

hazardous waste numbers K140 and U408) and

the associated LDRs for these wastes.

PUBLIC COMMENTS

The Board adopted a proposal for public comment in this docket on March 2, 2000.

Notices of Proposed Amendments appeared for these amendments in the March 23, 2000 issue

of the

Illinois Register

, at 24 Ill. Reg. 4403 (Part 720), 4438 (Part 721), 4480 (Part 725), 4529

(Part 728), 4658 (Part 703), 4714 (Part 722), 4724 (Part 724), 4745 (Part 726), and 4766 (Part

733). The Board received public comments on the March 2, 2000 proposal for a period of 45

days following its publication in the

Illinois Register

. The comments received on the proposal

are listed below. The Board will delay filing the adopted amendments with the Office of the

Secretary of State for 30 days following the date of this order, in order to allow additional time

for USEPA to review the adopted amendments before they are filed and become effective. The

complete text of the adopted amendments appears in a separate order adopted this day.

Prior to the March 2, 2000 proposal for public comment, the Board received two

documents from the Joint Committee on Administrative Rules (JCAR) that indicate a number of

corrections that JCAR wishes the Board to make in this proceeding. These revisions are based

on JCAR’s review of the amendments of

June 17, 1999, in docket R99-15, and of

December 2,

1999, in docket R00-5. During the public comment period, JCAR submitted a series of

documents suggesting possible changes in the text of the amendments and base text as included

in the March 2, 2000 proposal for public comment in this docket R00-13. The Board made a

number of changes in the text based on the JCAR submissions. These revisions are outlined in

the table that begins at page 43 of this opinion.

During the public comment period, the Board received five public comments. Those

comments are listed as follows:

PC 1

Spent Lamp Recycling Technologies, Inc. (Spent Lamp Recycling): letter dated

May 5, 2000, from Laurence C. Kelly, President (received May 5, 2000).

PC 2

Air Cycle Corp. (Air Cycle): “Air Cycle Corporation’s Comments in

Opposition to the Board’s Proposal to Adopt the Identical-in-Substance Rules as

Set Forth in the Notice Published on March 2, 2000,” dated May 8, 2000, from

Steven P. Kaiser, the Law Offices of Steven P. Kaiser (received May 8, 2000).

PC 3

Commonwealth Edison Co. (Com Ed): letter dated May 8, 2000, from Mary F.

O’Toole, Director of Environmental Services (received May 9, 2000).

PC 4

Illinois Environmental Protection Agency (IEPA): “Response of the Illinois

Environmental Protection Agency Pursuant to Public Comment Period for Proposed

Identical-in-Substance Rules,” dated May 8, 2000, from Susan J. Schroeder,

Associate Counsel, Division of Legal Counsel (received May 9, 2000).

PC 5

Illinois Manufacturers’ Association (IMA):

letter dated May 8, 2000, from Mark

Denzler, Associate Director—Government Affairs (received May 10, 2000)

Spent Lamp Recycling (PC 1), Air Cycle (PC 2), Com Ed (PC 3), and the IMA (PC 5)

all commented on a single aspect of the proposal for public comment: the prospective adoption

of the federal designation of spent lamps as universal waste. Specifically, these four entities

commented that the Board should not delete the existing State provisions that allow controlled

crushing of lamps for volume reduction. The Board considers these comments in the discussion

beginning at page 8 below.

IEPA comments (PC 4) include a small number of general corrections to the text. The

corrections made in response to IEPA suggestions are included in the table of revisions that

starts at page 43 of this opinion. More substantively, IEPA observed that the Board’s proposal

to change the requirement in Section 703.183(j) that the Part B application “show traffic control

signals” to a requirement that the application include “an indication of traffic control signals”

would render this provision ambiguous. The Board agrees with IEPA’s comment, and we have

altered the language to clarify that the application indicate “the locations and types of traffic

control signals.” The rest of IEPA’s substantive comments relate to the hazardous waste

combustor rule. The Board’s response to these additional comments is discussed beginning at

page 11.

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 we see in the text as we engage 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, 1999 version. Thus, we have updated all

citations to the 1999 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. We 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 “shall” for “will”; 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,” “shall” is

used when the subject of a sentence has a duty to do something. “Must” is used when someone

has to do something, but that someone is not the subject of the sentence. “Will” is used when

the Board obliges itself to do something. “May” is used when choice of a provision is optional.

“Or” is used rather than “and/or,” and denotes “one or both.” “Either . . . or” denotes “one

but not both.” “And” denotes “both.”

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.” We will continue this conversion in

future rulemakings as additional sections otherwise become open to amendment. We will

further convert “EPA” used in federal text to “USEPA,” where USEPA is clearly intended.

In examining the text of the rules in preparation for adding the federal amendments, the Board

discovered two anomalies in the text of Appendix A to Part 703, which is the table of classifications of

permit modifications. The two anomalies were directly derived from the federal text of the

corresponding Appendix I to 40 C.F.R. 270.42.

The first anomaly is that paragraph (F)(1)(c) appears unclear or out of place. Paragraph

(F)(1)(c) begins with the conjunction "or," and its subject matter does not immediately appear to relate

to the two paragraphs that precede it. Paragraph (F)(1)(c) relates to treatment processes. Paragraphs

that appear under (F)(1)(a) and (F)(1)(b) relate to modification or addition of container units at a

facility. Paragraph (F)(1)(c) appears to parallel paragraph (G)(1)(e), relating to tanks, which begins

“modification or addition of tank units or treatment processes necessary to treat . . . .” Thus, USEPA

may have intended that we read paragraph (F)(1)(c) with the implied introductory words “modification

or addition of container units” to parallel paragraph (G)(1)(c). As explained, however, paragraph

(F)(1)(c) appears ambiguous and misplaced starting with the conjunction “or.”

The Board proposed adding the introductory words “modification or addition of container

units” to paragraph (F)(1)(c). We believe that this enhances the clarity of this paragraph. The Board is

aware, however, that this could risk changing the meaning intended by USEPA. For this reason we

requested that USEPA and IEPA comment on the proposed addition. We specifically want to know

whether the added introductory words enhance the meaning of this paragraph intended by USEPA or if

the addition changes the meaning. If the added language is considered not acceptable by the

commenter, the Board would like the commenter to suggest alternative language to clarify this

paragraph.

The second anomaly is that Appendix A retains references to federal requirements and a

corresponding Illinois provision that no longer exist. Paragraphs (F)(1)(c), (F)(4)(a), (G)(1)(e),

(G)(5)(c), (H)(5)(c), and (J)(6)(c) refer to the requirements of 40 C.F.R. 268.8(a)(2)(ii), as

incorporated by reference in 35 Ill. Adm. Code 728.108. USEPA amended 40 C.F.R. 268.8 on June

1, 1990 (55 Fed. Reg. 22520, 22683), so that it was no longer effective after May 8, 1990. In

response, on April 1, 1991, in RCRA Update, USEPA Regulations (April 1, 1990, through June 30,

1990) (April 11, 1991; corrected May 23, 1991; corrected August 8, 1991; uncorrected August 22,

1991), R90-11, the Board repealed corresponding 35 Ill. Adm. Code 728.108. USEPA subsequently

removed 40 C.F.R. 268.8 on April 8, 1996 (61 Fed. Reg. 15566, 15599), as a segment of the Phase

III LDRs.

While removing 40 C.F.R. 268.8, USEPA retained references to the requirements of 40 C.F.R.

268.8(a)(2)(ii) at paragraphs (F)(1)(c), (F)(4)(a), (G)(1)(e), (G)(5)(c), (H)(5)(c), and (J)(6)(c) of

Appendix I to 40 C.F.R. 270.42. Appendix A to Part 703 derives from this federal appendix. Thus,

both the Illinois hazardous waste rules and the federal rules on which they are based contain a reference

to federal requirements that no longer exist.

The Board must remove the references to State and federal provisions that no longer exist. This

is possible without changing the scope and meaning of the rules as intended by USEPA. The references

to 40 C.F.R. 268.8 are old, and they use alternative language. It is apparent from the April 8, 1996

discussion of the removal of federal Section 268.8, that this provision referred to a flexible treatment

standard that pre-existed the current LDR treatment standards for listed wastes set forth throughout 40

C.F.R. 268 and that Section 268.8 has been supplanted by the current LDRs. Deletion of the six

obsolete references to Section 268.8 will not affect those other treatment standards.

The references to 40 C.F.R. 268.8 and 35 Ill. Adm. Code 728.108 at paragraphs (H)(5)(c)

and (J)(6)(c) of Appendix A to Part 703 also include references to 40 C.F.R. 268.5(h)(2) and 35 Ill.

Adm. Code 728.105. These provisions relate to federal case-by-case extensions of the effective dates

of LDRs. Specifically, 40 C.F.R. 269.5(h)(2) requires that a landfill receiving hazardous waste under

an extension of a compliance deadline must comply with certain management standards. Parallel

references to the requirements of 40 C.F.R. 268.5(h)(2) also appear at 40 C.F.R. 268.30(c),

268.31(c), 268.34(c), 268.38(c), and 268.39(e), each of which are transitional requirements. Since the

LDRs of Subpart C or 40 C.F.R. 268 and corresponding 35 Ill. Adm. Code 728 prohibit land disposal

unless the waste meets the treatment standards of Subpart D, and since the references to 40 C.F.R.

268.5(h)(2) appear limited to transitional land disposal of waste, the Board believes that the references

to meeting alternative standards must have referred to the former narrative treatment standards of 40

C.F.R. 268.8.

For the foregoing reasons, the Board proposes to delete the references to 40 C.F.R. 268.5 and

35 Ill. Adm. Code 728.105. We request comments from USEPA and IEPA on the proposed deletion.

We specifically want to know whether the deletion of the references to the landfill requirements of 40

C.F.R. 268.5(h)(2) from paragraphs (H)(5)(c) and (J)(6)(c) changes the meaning intended by USEPA.

The Board has assembled tables to aid 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 18. There is no further discussion of most of the deviations and

revisions elsewhere in this opinion.

Discussion of Particular Federal Actions

Designation of Lamps as Universal Waste—Part 733 and Sections 703.123, 720.110, 721.109,

724.101, 725.101 and 728.101

USEPA adopted amendments to the hazardous waste regulations and the universal waste

rule on July 6, 1999 (64 Fed. Reg. 36466) that designated waste lamps as universal waste.

This action had the effect of removing the management of waste lamps from the generally-

applicable hazardous waste regulations.

The Board has incorporated the federal amendments into the appropriate segments of the

hazardous waste regulations and the universal waste rule. We have done so with only minor

deviations from the text of the federal amendments. Persons interested in the substance of the

underlying federal action should refer to the notice that appeared in the July 6, 1999 issue of the

Federal Register

. The tables that begin at page 18 of this opinion outline the minor deviations

that the Board has made in adapting the text of the federal amendments.

In essence, the present amendments reiterate a pre-existing State exclusion for mercury-

containing lamps from regulation as hazardous waste. On April 2, 1998, in docket R98-12, the

Board adopted a rule designating mercury-containing lamps as universal waste and excluding

them from regulation as hazardous waste. See

In re

Amendments of 35 Ill. Adm. Code 703,

720, 721, 724, 725, 728, and 733 (Standards for Universal Waste Management) (April 2,

1998), R98-12. The Board adopted this exclusion pursuant to the legislative mandate of Section

22.23a of the Act (415 ILCS 5/22.23a (1998)) (see Pub. Act 90-502, effective August 19,

1997). Thus, the present amendments are primarily limited to the following: changing the

designation of the excluded materials from “waste mercury-containing lamp” to the federally-

adopted designation of “waste lamp” or “lamp;” conforming text to the federally-adopted

language; and deleting references to Section 22.23a of the Act. Adopting the federal language

alters some of the management standards for these materials, so this action does have a

substantive effect on management of the lamps affected. Further, by shifting the focus from

“mercury-containing lamps” to “waste lamps,” the amendments may broaden the scope of the

universal waste rule.

Additionally, in the March 2, 2000, proposal for public comment, the Board proposed

revising the Illinois rules so as to be identical-in-substance to the corresponding federal rules,

thereby prohibiting the universal waste handlers from treating the waste under Sections

733.113(b) and 733.133(b). Section 720.110 defines “treatment” in such a way that it would

include crushing for volume reduction.

The Board requested public comment on incorporation of the July 6, 1999 federal

designation of waste lamps as universal waste. In response, the Board received comments from

Spent Lamp Recycling (PC 1), Air Cycle (PC 2), Com Ed (PC 3), and the IMA (PC 5). These

four entities commented that the Board should not delete the existing State provisions that allow

controlled crushing of waste lamps for volume reduction. Although the federal rule prohibits

crushing lamps for volume reduction, USEPA recognizes that some states may already have

crushing programs in place that are, in effect, the equivalent of the federal prohibition. USPEA

has said that it will review each of the state programs on a case-by-case basis.

Illinois is a state that already has a crushing program in place. For the reasons

expressed below, the Board will retain the Illinois program in lieu of the federal prohibition.

On April 2, 1998, in

In re

Amendments of 35 Ill. Adm. Code 703, 720, 721, 724, 725,

728, and 733 (Standards for Universal Waste Management), R98-12, the Board adopted

amendments to the RCRA Subtitle C rules that designated “waste mercury-containing lamps” as

universal waste. The Board took this action pursuant to the general rulemaking authority of

Sections 22.4(b), 22.23a, and 27 of the Act (415 ILCS 5/22.4(b), 22.23a, and 27 (1998)). In

R98-12, the Board thoroughly examined the issue of whether to allow controlled crushing of

mercury-containing lamps, and concluded that an absolute prohibition on controlled crushing for

volume reduction was not supported by the record.

In re

Amendments of 35 Ill. Adm. Code

703, 720, 721, 724, 725, 728, and 733 (Standards for Universal Waste Management) (April 2,

1998), R98-12, slip. op. at 4. Two hearings were held by the Board in both Springfield and

Chicago. After carefully considering the testimony, exhibits, and comments on the record, the

Board adopted a rule that would allow as follows:

[H]andlers and transporters of universal waste mercury-containing lamps [are

allowed] to crush lamps provided that the lamps are crushed in a closed system

designed and operated in a manner that any emissions of mercury from the

crushing system do not exceed 0.1 mg/m

when measured on the basis of time

weighted average over an 8-hour period.

Id.

at 5.

In adopting State standards for controlled crushing, the Board examined, in addition to

the proposal and comments of IEPA, a number of public comments from Beling Consultants;

Fluorecycle, Inc.; Spent Lamp Recycling Technologies, Inc.; Commonwealth Edison Company;

the Illinois Environmental Regulatory Group; and the Illinois Steel Group. The Board also

examined the standards adopted by the Occupational Health and Safety Administration (OSHA)

for exposure levels to mercury. In fact, the 0.1 mg/m

emission limit adopted by the Board as

being protective of human health and the environment, is the same as the exposure limit

established by OSHA.

In light of the substantial and thorough consideration the Board has already given to the

issue of lamp crushing, and in light of the Board’s well-reasoned conclusion that controlled

crushing of waste lamps should be permitted pursuant to regulation in Illinois, the Board will

retain the crushing rules now set forth in Sections 733.113(d)(3) and 733.133(d)(3), as

previously adopted in

In re

Amendments of 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728,

and 733 (Standards for Universal Waste Management) (April 2, 1998), R98-12.

In adopting the universal waste rule without a provision for crushing lamps, USEPA

stated its understanding that a number of states had already adopted a designation of waste

lamps as universal waste and that some of those states had also adopted rules allowing crushing

waste lamps for volume reduction. USEPA said, “USEPA believes that some state programs

may include standards for controlling emissions from mercury-containing lamps during crushing

that could be equivalent per RCRA Section 3006, to the federal prohibition.” 64 Fed. Reg.

36478 (July 6, 1999). USEPA stated as follows:

Therefore, [US]EPA will consider authorization of state programs that include

provisions for controlling treatment or crushing of universal waste lamps, where

the state program application includes a demonstration of equivalency to the

federal prohibition. Factors the Agency would expect such an application to

address include the effectiveness of technical requirements in controlling

emissions of hazardous constituents, the level of interaction of regulated entities

with the regulatory agency to ensure compliance with control requirements, and

other factors demonstrating that the state regulatory program would be equivalent

to the federal treatment prohibition.

64 Fed. Reg. 36478 (July 6, 1999).

As a result of the public comments received, and in light of the fact that the Board

believes that the crushing program adopted in

In re

Amendments of 35 Ill. Adm. Code 703,

720, 721, 724, 725, 728, and 733 (Standards for Universal Waste Management) (April 2,

1998), R98-12, is the equivalent of the federal prohibition, the Board has decided to retain the

existing crushing provisions. Thus, newly renumbered Sections 733.113(d)(3) and

733.133(d)(3) retain the provisions of former Sections 733.113(d)(5) and 733.133(d)(5) from

In comments to the July 6, 1999 federal amendments, USEPA incorrectly suggested that the

Occupational Safety and Health Administration (OSHA) exposure limit is 0.05 mg/m

(64 Fed. Reg.

36477 (July 6, 1999)), when in fact the limit is 0.1 mg/m

(29 C.F.R. 1910.1000, table Z-2 (1999)).

docket R98-12 that allow crushing under specified conditions. The only change that the Board

made was to alter the term “mercury-containing lamp,” to “waste lamp.”

The Board notes that we will refrain from filing these amendments with the Office of the

Secretary of State for 30 days following the date of this order, until after June 18, 2000. We

request that IEPA and USEPA read the adopted provisions and submit any comments that they

might have in response to these changes sufficiently in advance of June 18, 2000, to allow the

Board to respond as appropriate before these rules are filed and become effective.

Hazardous Waste Combustor Rule—Parts 703 and 726 and Sections

720.110, 721.138, 724.440,

724.701, and 725.440

September 30, 1999

(

64 Fed. Reg. 52828

), USEPA adopted final National Emission

Standards for Hazardous Air Pollutants (NESHAP) applicable to hazardous waste combustors.

USEPA adopted a set of corrections to its September 30, 1999 action on November 19, 1999 (64

Fed. Reg. 63209). The actual NESHAP appears as 40 C.F.R. 63, Subpart EEE, which is beyond the

scope of our present proceeding. However, several aspects of this final NESHAP involved

amendments to the federal hazardous waste rules. The hazardous waste segments of the September 30,

1999, and November 19, 1999 actions are incorporated in this proceeding.

The Board incorporated the

September 30, 1999, and November 19, 1999

federal

amendments

without significant deviation from the federal text. The table that begins at page 18 of this

opinion outlines the deviations from the literal text of the federal amendments. Persons interested in the

details of the federal amendments should consult the September 30, 1999, and November 19, 1999

Federal Register

notices.

Three deviations from the federal text warrant specific mention. First, the Board has altered the

definition of “lamp” in 40 C.F.R. 260.10. The altered segment of the definition reads, “

A lamp is

specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-

red regions of the electromagnetic spectrum.” The Board has changed the conjunction to read

“ultraviolet, visible, or infra-red regions” in Section 720.110. Since a lamp could emit

radiation in fewer than all three bands, the Board does not think that USEPA intended to limit

the definition in this way. Second, the Board has codified Table 1 to 40 C.F.R. 261.38 as a

separate Appendix Y to Part 261. This was done to avoid the margin limitations of the former

codification within Section 721.138 in light of the addition of two new columns to the table by

USEPA. Third, the Board has reworded the footnote numbered “1” in this table to enhance its

clarity. As we understand the federal requirement in this footnote, USEPA intends a limitation

of 25 mg/kg at 10,000 BTU/lb for total organic halogen, with the limits for individual organic

halide compounds to remain as set forth elsewhere in the table.

The Board requested public comment on our incorporation of the September 30, 1999,

and November 19, 1999 final NESHAP for hazardous waste combustors. We received

comments from IEPA (PC 4) in response. First, IEPA raised some questions regarding the

interplay of the RCRA Subtitle C requirements and the maximum achievable control

technologies (MACT) requirements. IEPA observed that portions of the federal amendments

exempt from certain hazardous waste regulations, those facilities that comply with the federal

Clean Air Act MACT requirements. The limited exemption is only intended to apply to

substantive hazardous waste management standards in Sections 724.440(b)(1) and 726.200(b)(1)

and to RCRA Subtitle C permitting requirements in Sections 703.205(e), 703.208, 703,221,

and 703.232. IEPA is concerned that the proposed amendments could be interpreted as an

exemption for all units at a facility from the various hazardous waste regulations, rather than an

exemption from only those rules pertaining to air emissions and related parameters. We share

IEPA’s concerns.

Under 40 C.F.R. 264.340(b)(1) (corresponding with 35 Ill. Adm. Code 724.440(b)(1)),

a hazardous waste combustor is exempted from the treatment, storage, and disposal (T/S/D)

facility standards of 40 C.F.R. 264 (corresponding with 35 Ill. Adm. Code 724) when the

facility owner or operator has demonstrated compliance with the MACT standards of 40 C.F.R.

63, Subpart EEE. Notwithstanding the exemption, the owner or operator must still comply

with some of the basic T/S/D facility standards: the general provisions; the general facility

standards; the preparedness and prevention, contingency plan and emergency procedures

requirements; the manifest and recordkeeping requirements; release, closure and post-closure

care requirements; financial responsibility requirements; and the air emissions standards

applicable to equipment leaks and tanks, containers, and surface impoundments. Similarly, 40

C.F.R. 266.100(b)(1) (corresponding with 35 Ill. Adm. Code 726.200(b)(1)) exempts a facility

owner or operator from the specific waste and specific facility standards of 40 C.F.R. 266

(corresponding with 35 Ill. Adm. Code 726) when the facility owner or operator has

demonstrated compliance with the MACT standards of 40 C.F.R. 63, Subpart EEE. The

owner or operator must still comply with some of the basic part 266 requirements, as well as

the above-cited T/S/D facility standards of part 264 and those of 40 C.F.R. 265 (corresponding

with 35 Ill. Adm. Code 725).

In assembling the proposal for public comment, the Board used the federal language of

40 C.F.R. 264.340(b) and 266.100(b) at corresponding 35 Ill. Adm. Code 724.440(b) and

726.200(b), with minimal deviation. IEPA observes in PC 4 that these segments of text could

create the mistaken belief that the exemptions apply to all units at a facility, rather than only

those units that comply with the MACT standards. IEPA cites a segment of USEPA’s

preamble discussion of its intent in support of its assertion that USEPA did not intend a blanket

exemption:

Under [the approach adopted by USEPA as a] final rule, MACT air emissions

and related operating requirements are to be included in title V permits; RCRA

permits will continue to be required for all other aspects of the combustion unit

and the facility that are governed by RCRA (e.g., corrective action, general

facility standards, other combustor-specific concerns such as materials handling,

risk-based emissions limits and operating requirements, as appropriate, and other

hazardous waste management units).

64 Fed Reg. 52828, 52975 (Sept. 30,1999).

After re-examining the text, the Board agrees that such ambiguity is possible, but the

ambiguity is in the federal text itself. As a result, the Board is limited in its ability to correct the

problem. Altering the text of Sections 724.440(b) and 726.200(b) in order to remove this

ambiguity could result in a change to the scope and meaning of the federally-derived regulation.

However, the Board believes that merely mentioning the ambiguity and repeating USEPA’s

intent does not sufficiently clarify the rules. Accordingly, the Board has added the above-

referenced segment of the

Federal Register

discussion to the Board notes at the end of Sections

724.440(b) and 726.200(b). This additional language should clarify that the exemption from the

hazardous waste requirements is limited to only those units covered by the MACT standards.

As to the permitting requirements, newly added text at 40 C.F.R. 270.19(e), 270.22

preamble, 270.62 preamble, and 270.66 preamble (corresponding with 35 Ill. Adm. Code

703.205(e), 703.208, 703,221, and 703.232) exempt facilities that comply with the MACT

standards of 40 C.F.R. 63, Subpart EEE, from various of the RCRA Subtitle C permit

requirements. The exemption is limited in that USEPA left intact the authority to require the

submission of information necessary to impose permit conditions necessary to protect human

health and the environment.

The Board adopted the federal language of these four provisions into the text of the

Illinois rules with only minimal deviation. IEPA has asserted that there is ambiguity in the

scope of the four exemption passages as incorporated from the federal text, and it has requested

that the Board clarify the scope of the exemptions. IEPA has specifically requested that the

Board clarify when it may require a site-specific risk assessment (SSRA), as recommended by

USEPA, to determine when additional permit requirements are necessary to ensure that there is

adequate protection of human health and the environment.

The Board does not think that additional clarification of when IEPA may require an

SSRA under the federally-derived provisions is necessary. The general authority under 40

C.F.R. 270.10(k) and 270.32(b)(2) (corresponding with 35 Ill. Adm. Code 703.188 and

703.241(a)(2)) to require such permit conditions as are necessary to protect human health and

the environment is referred to by USEPA as the “omnibus” provisions. USEPA has

recommended that the tool of an SSRA be used on a case-by-case basis and as necessary to

fulfill the requirements of the omnibus provisions and to determine the need for additional

permit requirements to protect human health and the environment. (

See

64 Fed. Reg. 52840

(Sept. 30, 1999)). Nowhere is the federal policy recommending the use of SSRAs codified.

However, since the SSRA has regularly been required when necessary to determine the need

for additional permit requirements under the general omnibus provisions, the fact that a MACT-

compliant facility remains subject to the omnibus provisions should clearly indicate that the

SSRA remains an available tool, notwithstanding the exemption. This is also true as to those

permit conditions that are necessary to establish operating conditions to ensure adequate

treatment of post-combustion treatment residues. No further clarification from the Board is

needed.

Finally, IEPA raises another issue with respect to the exemptions from the permit

requirements of Sections 703.205(e), 703.208, 703,221, and 703.232. IEPA requests

clarification as to whether a unit that is not subject to the MACT requirements would remain

subject to the RCRA Subtitle C requirements. The Board believes that the exemption language

is already clear. The language provides that the exemptions from the RCRA Subtitle C permit

requirements apply only if the facility owner or operator demonstrates compliance with the

MACT requirements. If the MACT requirements do not apply, there can be no such

demonstration and, consequently, no exemption. The Board sees no need to further clarify this

aspect of the rules.

Technical Amendments to the Phase IV LDR Amendments—Part 728 and Sections 721.132 and

722.134

The Board adopted the original May 12, 1997 Phase IV LDR amendments on

August 20, 1998, in consolidated update docket R97-21/R98-3/R98-5. The Board adopted the

May 11, 1998 technical amendments on June 17, 1999, in update docket R99-15. The Board

completed the federal amendments on December 2, 1999, in RCRA Subtitle C update docket,

R00-5, by adopting a federal technical correction into Section 722.134(d).

On October 20, 1999

(64 Fed. Reg. 56469)

, USEPA adopted additional technical corrections to the Phase IV LDR rules.

The Board adopts that latest set of technical corrections in this docket. All of these amendments are

minor.

The Board has incorporated the federal amendments without deviation from the federal text.

Persons interested in the details of the federal amendments should consult the October 20, 1999

Federal Register

notice. Those interested in the major segments of the federal amendments

incorporated into the Illinois hazardous waste rules in the prior update docket should refer to the opinion

and order in

In re

RCRA Update, USEPA Regulations (July 1, 1998, through December 31,

1998) (

June 17, 1999), R99-15.

The Board requested public comment on our incorporation of the October 20, 1999

federal corrections to the Phase IV LDR rules. We received no comments on the March 2,

2000 proposal for public comment in this regard, so the Phase IV LDR corrections remain

substantively unaltered in the final version that the Board adopts today.

Incorporation of 40 C.F.R. 136 by Reference—Section 720.111

USEPA adopted amendments to 40 C.F.R. 136, which are the Clean Water Act

analytical procedures, on December 30, 1999 (64 Fed. Reg. 73414). The methods affected relate to

testing available cyanide in water. The Board has incorporated 40 C.F.R. 136 by reference in Section

720.111 of the hazardous waste rules. Persons interested in the details of the federal amendments

should refer to the appropriate

Federal Register

notice cited above.

The Board has incorporated the federal amendments without deviation. We have updated the

version of 40 C.F.R. 136 incorporated by reference by adding the three cited

Federal Register

notices

to the incorporation. The Board has included all three notices without regard to whether the individual

methods updated or added by USEPA are actually used to achieve or demonstrate compliance under

the RCRA Subtitle C regulatory scheme.

The Board requested public comment on the update to the version of 40 C.F.R. 136

incorporated by reference for the purposes of the Illinois RCRA Subtitle C hazardous waste regulatory

program.

We received no comments on the March 2, 2000 proposal for public comment in this

regard, so the updated incorporation of 40 C.F.R. 136 remains substantively unaltered in the

final version that the Board adopts today.

Accumulation of Plating Sludge Intended for Metals Recovery—Section 722.134

On March 8, 2000 (65 Fed. Reg. 12378), USEPA extended the allowable accumulation time

for wastewater treatment sludge from plating operations (USEPA hazardous waste number F006).

Under new subsections (g) and (h) of 40 C.F.R. 262.34, a large-quantity generator of F006 plating

wastewater sludge may now accumulate up to 20,000 kilograms of this waste for up to 180 days if the

waste is accumulated for metals recovery. The generator may accumulate the waste for up to 270 days

if it will transport the waste 200 miles or more for metals recovery. Prior to these amendments, the

generally-applicable hazardous waste accumulation time applied. The generally-applicable hazardous

waste accumulation rule allows accumulation up to 90 days, unless the generator produces less than

1000 kilograms of waste per month. Under the generally-applicable rules, these smaller quantity

generators may accumulate up to 6000 kilograms of waste for up to 180 days (or up to 270 days if the

waste is to be transported 200 miles or more).

New subsection (i) further provides that the generator may obtain an extension of the

accumulation time of up to an additional 30 days or an exception to the 20,000 kilogram limit where it

can demonstrate need due to “unforeseen, temporary, and uncontrollable circumstances.” This is very

similar to the generally-applicable provisions in existing subsections (b) and (f), which provide for grants

of up to an additional 30 days under these circumstances.

The Board has incorporated the March 8, 2000 federal action into the present update docket in

order to confer the benefits of the federal relaxation without delay. The Board has incorporated the

federal provisions into Section 722.134 of the Illinois regulations without significant deviation from the

federal text. The deviations from the federal text are listed in the table that begins at page 18 of this

opinion. The Board directs attention to the federal notice of final action in the March 8, 2000 issue of

the

Federal Register

for further details of the federal decision to extend the accumulation time for F006

waste accumulated for metals recovery.

There are two deviations from the text of the federal amendments that warrant specific mention.

The first deviation is that the Board has added to subsection (a) specific references to subsections (g),

(h), and (i). Subsection (a) lists subsections (e) and (f) as exceptions to the general rule, and it appears

that USEPA inadvertently omitted adding references to new subsections (g), (h), and (i), which also

contain exceptions to the general rule. The second deviation is that the Board has provided for the use

of a provisional variance in order to obtain a 30-day extension of the accumulation time or an exception

to the 20,000-kilogram accumulation limit. Use of a provisional variance is consistent with the current

practice of obtaining a 30-day extension under subsections (b) and (f).

Since the Board’s proposal for public comment was adopted prior to the March 8, 2000

federal action, the Board is now requesting that any comments, from USEPA or other interested

persons, be submitted by no later than June 11, 2000. Due to time constraints involved in this

rulemaking, the mailbox rule of 35 Ill. Adm. Code 101.102 will not apply. The timely receipt of any

comments before that date will allow the Board to consider whether alteration of the regulatory text is

necessary before it is filed with the Office of the Secretary of State and becomes effective.

Withdrawal of Organobromine Waste Listings and LDRs—Sections 721.132, 721.133,

721.Appendices G and H, 728.133, and 728.Tables T and U

March 17, 2000

(

65 Fed. Reg. 14472

), USEPA

withdrew the hazardous waste

listings for organobromine production wastes (USEPA hazardous waste numbers K140 and

U408) and the associated LDRs for these wastes. This was in response to a court order in

Great Lakes Chemical Corp. v. EPA, No. 98-1312, 1999 WL 322757 (D.C. Cir. Apr. 9,

1999), which vacated the listings. USEPA also deleted the associated underground injection

restrictions, and the Board will incorporate those federal amendments in

In re

UIC Update,

USEPA Regulations (July 1, 1999, through December 31, 1999)

, R00-11.

USEPA adopted the recently withdrawn organobromine waste rule on May 4, 1998 (63 Fed.

Reg. 24596). The Board incorporated the hazardous waste listings and associated LDRs in

In re

RCRA Subtitle C Update, USEPA Regulations (July 1, 1997, through December 31, 1997)

(December 17, 1998), R98-21/R99-2/R99-7 (Consolidated). The effect of the federal withdrawal is

that organobromine production wastes are no longer listed hazardous wastes and there is no longer a

restriction on their land disposal.

The Board has incorporated this March 17, 2000 federal action into the present update docket

in order to confer the benefits of the federal relaxation without delay. The Board has incorporated the

federal provisions into Sections 721.132, 721.133, 721.Appendices G and H, 728.133, and

728.Tables T and U of the Illinois regulations without significant deviation from the federal text. Without

this action, USEPA hazardous waste numbers K140 and U408 would remain listed hazardous wastes

in Illinois despite the March 17, 2000 withdrawal by USEPA. The deviations from the federal text are

listed in the table that begins at page 18 of this opinion. The Board directs attention to the federal notice

of final action in the March 17, 2000 issue of the

Federal Register

for further details of the federal

decision to withdraw the hazardous waste listings for organobromine production wastes.

Since the March 17, 2000 federal action was not included in our March 2, 2000 proposal for

public comment, the Board has received no comments on our incorporation of the federal decision to

withdraw the hazardous waste listings for organobromine production wastes. The Board requests that

USEPA and other interested persons examine our incorporation of the March 17, 2000 withdrawal of

the hazardous waste listings. If USEPA or any other person desires to comment on the withdrawal of

the hazardous waste listings, the Board requests that those comments be submitted by no later than June

11, 2000. Due to time constraints involved in this rulemaking, the mailbox rule of 35 Ill. Adm. Code

101.102 will not apply. The timely receipt of any comments before that date will allow the Board to

consider whether alteration of the regulatory text is necessary before it is filed with the Office of the

Secretary of State and becomes effective.

Proposed Deferral of Phase IV LDR Standards for PCBs in Contaminated Soils—Sections 728.132

and 728.149

On February 16, 2000 (65 Fed. Reg. 7809), USEPA proposed deferring a Phase IV LDR that

it adopted on May 26, 1998 (63 Fed. Reg. 28556), which was included by the Board in

In re

RCRA

Subtitle C Update, USEPA Regulations (July 1, 1997, through December 31, 1997) (December 17,

1998), R98-21/R99-2/R99-7 (Consolidated). The rule under review requires that polychlorinated

biphenyls (PCBs) be considered an underlying hazardous constituent in soils that exhibit the toxicity

characteristic. USEPA stated that it is considering the deferral of this rule because it is discouraging

generators from cleaning up contaminated soils, contrary to what USEPA intended when it adopted the

alternative standards for contaminated soils. The proposed deferral would require generators to clean

up contaminated soils to the standard levels for all underlying hazardous constituents except PCBs.

The Board noted this pending set of federal amendments in the March 2, 2000 proposal for

public comment. Since the public comment period for USEPA’s proposal to defer the Phase IV LDR

ended on April 3, 2000, and it was possible at that time that USEPA could act promptly to adopt the

deferral, the Board raised the possibility that these later federal amendments could become a segment of

the adopted R00-13 amendments. The federal deferral would have constituted a relaxation of the

federal LDRs, and the law in Illinois would have become more stringent than the federal rules during the

time before the Board could adopt corresponding final amendments to the Illinois rules. This would

have delayed conferring the benefit of the federal regulatory relaxation on entities in Illinois. However,

USEPA has not acted to adopt the deferral as of the date of this order. Accordingly, we will not be

incorporating the prospective deferral at this time.

Incorporation by Reference

In response to the proposal for public comment, JCAR has raised a question regarding the

Board’s incorporation by reference in 35 Ill. Adm. Code 720.111 of the federal statutory definition of

“pesticide.” The federal statute is also referenced in the definition found at 35 Ill. Adm. Code 733.109.

The federal definition of “pesticide” was adopted under the Board’s identical-in-substance authority, an

authority that is not subject to the general rulemaking provisions of Section 5-35 of the Illinois

Administrative Procedures Act (APA). See 415 ILCS 5/22.4 (1998). The incorporation by reference

provisions of the APA apply only to those rulemakings adopted under Section 5-35. See 5 ILCS

100/5-75 (1998). Because the Board’s authority to adopt identical-in-substance rules is not governed

by Section 5-35, the Board’s incorporation by reference of federal statutes, which are a necessary

component of these rules, is not improper. Therefore, in this identical-in-substance rulemaking, the

Board will retain the incorporation of necessary federal statues.

Discussion of Miscellaneous Housekeeping Amendments

The tables below list numerous corrections and amendments that are not based on

current federal amendments. The first table (beginning immediately below) includes deviations

made in this Proposal for Public Comment from the verbatim text of the federal amendments.

The second table (beginning below at page 24) contains corrections and clarifications that the

Board

made i

n the base text involved in this proposal. The amendments listed in this second

table are 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

4 of this opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

703.205 preamble

270.19

Retained the introductory phrase “for

facilities that incinerate hazardous waste”,

the closing phrase “in completing the Part B

application”, and the ending colon

703.205(e)

270.19(e)

Added explanatory language “the federal

National Emission Standards for Hazardous

Air Pollutants (NESHAPs) of”; added

language indicating incorporation of the

NESHAP by reference

703.208 preamble

270.22 preamble

Added explanatory language “the federal

National Emission Standards for Hazardous

Air Pollutants (NESHAPs) of”; added

language indicating incorporation of the

NESHAP by reference

703.221

270.62 preamble

Added the federal preamble as a separate

section, to correspond with the codification

of 40 C.F.R. 62 as several sections of 35 Ill.

Adm. Code 703.Subpart E; added

explanatory language “the federal National

Emission Standards for Hazardous Air

Pollutants (NESHAPs) of”; added language

indicating incorporation of the NESHAP by

reference; changed “this section” to

“Sections 703.221 through 703.225”; added

a Board Note indicating 40 C.F.R. 270.62

preamble as the source of this Section

703.232 preamble

270.66 preamble

Added explanatory language “the federal

National Emission Standards for Hazardous

Air Pollutants (NESHAPs) of”; added

language indicating incorporation of the

NESHAP by reference

703.Appendix A

(A)(8)

270.42 Appendix I

(A)(8)

Added asterisk to mark footnote instead of

superscript “

”

703.Appendix A

(L)(9)

270.42 Appendix I (L)(9)

Retained the reference to “Section

703.280(j)” since the Board corrected the

error in the original adoption

720.110 “dioxins and

furans”

260.10 “dioxins and

furans”

Added quotation marks to the defined term;

added the conjunction “or” and replaced

parentheses around the abbreviation for the

defined term with quotation marks

720.110 “lamp”

260.10 “lamp”

Added quotation marks to the defined term;

added the conjunction “or”; replaced the

words “is defined as” with “means”;

changed conjunction “and” to “or”; changed

“electric lamp” to the defined term “lamp”;

corrected “high intensity” to two words

720.110 “TEQ”

260.10 “TEQ”

Added quotation marks to the defined term;

changed “dioxin/furan congeners” to

conjunction “dioxin and furan congeners”

721.138(d) &

721.Table Y

261.38(d)

Moved the table at this subsection into a new

Section 721.Table Y

721.Table Y

261.38, Table 1

Added “note” before the note number in the

table and footnote 1, adding colon in the

footnote; changed to the plural for the group

heading “halogenated organics”; replaced

the em dash with “means” in the footnotes

and used lower case “not applicable” and

“nondetect”; added “as organic halogen”

and “as the” and replaced “below” with “in

the table at the levels indicated” to Note 1

for enhanced clarity

722.134(a)

262.34(a)

Added reference to the exceptions of

subsections (g), (h), and (i)

722.134(g)

262.34(g)

Changed “which” to “that” for a restrictive

relative clause; changed “who” to “which”;

added comma after “180 days” to offset a

parenthetical; added “the generator fulfills

the following conditions”

722.134(g)(1)

262.34(g)(1)

Added a comma to offset the final element of

a series

722.134(g)(4)

262.34(g)(4)

Added “conditions”

722.134(g)(4)(A)

262.34(g)(4)(i)

Added “in one of the following containing

devices”

722.134(g)(4)(A)(i)

262.34(g)(4)(i)(A)

Deleted the ending compound conjunction

“and/or”

722.134(g)(4)(A)(ii)

262.34(g)(4)(i)(B)

Changed the ending compound conjunction

“and/or” to “or”

722.134(g)(4)(A)(iii)

262.34(g)(4)(i)(C)

Added a comma after “buildings” to offset

an independent clause; changed “must” to

“shall”; changed “the following” to “listed

in subsection (g)(4)(F) of this Section” and

changed the ending punctuation to a period

to codify 40 C.F.R. 262.34(g)(4)(i)(C)(

)

and (g)(4)(i)(C)(

) as 35 Ill. Adm. Code

722.134(g)(4)(F)(i) and (g)(4)(F)(ii)

722.134(g)(4)(F)

262.34(g)(4)(i)(C)

Codified 40 C.F.R. 262.34(g)(4)(i)(C)(

)

and (g)(4)(i)(C)(

) as 35 Ill. Adm. Code

722.134(g)(4)(F)(i) and (g)(4)(F)(ii) to

comply with

Illinois Administrative Code

codification requirements; added explanatory

Board note

722.134(h)

262.34(h)

Changed “which” to “that” for a restrictive

relative clause; changed “who” to “which”

(twice); deleted unnecessary commas (four

times, after “F006”, “waste”,

“transportation”, and “recovery”); added

comma after “270 days” to offset a

parenthetical

722.134(i)

262.34(i)

Changed “who” to “which” (twice); deleted

unnecessary commas (twice, after “waste”

and “transportation”); added commas to

offset parentheticals (three times, after “270

days”, “703”, and “270-day”)

722.134(i)(1)

262.34(i)

Organized the extension language into a

separate subsection and added language

relevant to provisional variances

722.134(i)(2)

262.34(i)

Organized the exception language into a

separate subsection and added language

relevant to provisional variances

722.134(i)(3)

262.34(i)

Added a reference to IEPA procedural rules

pertaining to requests for provisional

variances

724.440(b)(1)

264.340(b)(1)

Added incorporation by reference language;

added commas to offset “under 40 CFR

63.1207(j) and 63.1210(d)” as a

parenthetical

724.440(b)(2)

264.340(b)(2)

Added “

of 40 CFR 63, Subpart EEE” for

enhanced clarity; added

a comma to offset the

final element of a series

724.440(b) Board

Note

264.340(b)

Added a Board note to explain the direct

implementation of the federal MACT

standards in Illinois

724.701 preamble

264.601 preamble

Retained the verb “are” in the passage “such

terms and conditions as are necessary . . .”;

used semicolons to separate elements of a

series containing commas; added

incorporation by reference language

725.440(b)(1)

265.340(b)(1)

Added incorporation by reference language;

added commas to offset “under 40 CFR

63.1207(j) and 63.1210(d)” as a

parenthetical

725.440(b)(2)

265.340(b)(2)

Reworded to active voice to parallel Section

724.440(b)(2)

for enhanced clarity; added

comma to offset the final element of a series

725.440(b) Board

Note

265.340(b)

Added a Board note to explain the direct

implementation of the federal MACT

standards in Illinois; added the quotation

from the

Federal Register

explaining the

interplay of the MACT and RCRA Subtitle

C standards

726.200(b)(1)

266.100(b)(1)

Added incorporation by reference language;

added commas to offset “under 40 CFR

63.1207(j) and 63.1210(d)” as a

parenthetical

726.200(b) Board

Note

266.100(b)

Added a Board note to explain the direct

implementation of the federal MACT

standards in Illinois; added the quotation

from the

Federal Register

explaining the

interplay of the MACT and RCRA Subtitle

C standards

726.200(d)(1)

266.100(d)(1)

Used the singular “

an owner or operator of a

lead recovery furnace that is subject”; added “of

40 CFR 63, Subpart X” to enhance clarity;

changed “must” to “shall”

726.200(d)(3)

266.100(d)(3)

Used the singular “

an owner or operator of a

lead recovery furnace that is subject”; added “of

40 CFR 63, Subpart X” to enhance clarity

726.200(h)

266.100(h)

Used the singular “

an owner or operator of a

lead recovery furnace that processes . . . and

which is . . . is”; added “of 40 CFR 63, Subpart

X” to enhance clarity; changed “to be exempt”

to “to become exempt”; changed “must” to

“shall”

726.201(c)(1)

266.101(c)(1)

Changed “storage and treatment” to “storage

or treatment”

726.205(c)

266.105(c)

Used subscripts in the variables “

” and

“P

”; set forth variable definitions in separate

lines

726.205(c)(3)

266.105(c)(3)

Changed the numeral to “seven”

726.212(b)(1)

266.112(b)(1)

Added the parenthetical reference to the defined

abbreviation “(D/F)”; added “the documents

referenced in”

726.212(b)(2)(A)

266.112(b)(2)(i)

Added the parenthetical reference to the defined

abbreviation “(D/F)”; added “the documents

referenced in”

726.212(b)(2)(A)

Board note

266.112(b)(2)(i) note

Added an explanation of when the expiration of

the federal administrative stay takes effect in

Illinois

726.Appendix H

266, Appendix VIII

Retained spelling “tetrachloroethylene” in

place of “tetra chloroethylene”

728.107(a)(3)(C)

268.7(a)(3)(iii)

Used “shall” in place of “must”; removed a

comma after “facility” that separated a

dependent clause from the subject of the

sentence; used singular “a generator . . . is”

733.105(a)

273.5(a)

Changed “persons managing” to “persons

that manage”; added a comma to offset the

parenthetical “as described”

733.105(b)

273.5(b)

Changed “persons managing” to “persons

that manage”

733.105(b)(1)

273.5(b)(1)

Added a comma to offset the parenthetical

“as described”

733.109 “lamp”

273.9

Placed the defined term in quotation marks;

used “or” in place of a comma and “also

referred to as”; used “or” in place of “and”;

changed “examples of common universal

waste electric lamps” to “common examples

of universal waste electric lamps”

733.113(d)

273.13(d)

Retained “manner” in place of “way”

733.113(d)(1)

273.13(d)(1)

Changed “any lamp” to “all lamps”; added

comma to offset the final element of a series

733.113(d)(2)

273.13(d)(2)

Added a comma and “the small quantity

handler shall” to create an independent

clause; changed “containers” to “any

container used”; added commas to offset the

final element of series (twice)

733.132(b)(4)

273.32(b)(4)

Retained a conjunction before the final

element of a series

733.132(b)(5)

273.32(b)(5)

Retained the conjunction “or” in place of

“and” before the final element of a series

733.133(d)

273.32(d)

Retained “manner” in place of “way”

733.133(d)(1)

273.13(d)(1)

Changed “any lamp” to “all lamps”; added

comma to offset the final element of a series

733.133(d)(2)

273.13(d)(2)

Added a comma and “the large quantity

handler shall” to create an independent

clause; changed “containers” to “any

container used”; added commas to offset the

final element of series (twice)

Table 2:

Board Housekeeping Amendments

Section

Source

Revision(s)

703. Authority note

Board

Added a reference to Section 7.2 of the Act

703. Source note

Board

Removed a reference to the “PCB” reporter

703.123

Board

Changed “who” to “that”

703.123(a)

Board

Changed “who” to “that”

703.123(b)

Board

Changed “who” to “that”

703.123(c)

Board

Changed “who” to “that”

703.123(h)(4)

Board

Changed “mercury-containing lamps” to federally-used

“lamps”; changed citation to “733.105” to more closely

correlate with the structure of the federal regulations

703.123(h)(4) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

, including a reference to a

Federal Register

notice of an amendment; deleted the explanatory

reference to Section 22.23a of the Act; adjusted the

margin for the Note to correspond with the entire

Section

703.161(a) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.161(b)

JCAR

Corrected subsection indent level

703.161(b) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.183(j)

Board,

IEPA

Added the introductory phrase “a description of the area”;

added “traffic (twice)”; added the definite article “the”;

added “area traffic”; changed “describe” to “a description

of”; changed “show” to “the locations and types of”

703.183(m)

JCAR

Added a comma after “include” to offset a parenthetical

703.183(s)(12)

JCAR

Changed “disposed” to “disposed of”

703.183(s)(12) Board

Note

JCAR

Hyphenated “case-by-case;” changed the indent level of

the Board note to correspond with all of subsection (s)

703.183 Board Note

Board

Updated the reference to the

Code of Federal

Regulations

703.205

JCAR

Changed to singular “subsection”

703.205(c)(1)(C)

Board

Changed “U.S. EPA” to “USEPA”

703.205(c)(1)(D)

Board

Changed “U.S. EPA” to “USEPA;” added the ending

conjunction “and”

703.205(c)(2)(F)

Board

Changed “system(s)” to “systems”

703.205(c)(2)(I)

Board

Added the ending conjunction “and”

703.205(c)(3)

Board

Changed “above” to “of this Section”

703.205(c)(3)

Board

Changed “above” to “of this Section”

703.205(c)(5)

Board

Changed “burn(s)” to “burns”

703.205(c)(5)(B)

Board

Added the ending conjunction “and”

703.205(c)(6)(H)

Board

Added the ending conjunction “and”

703.205(c)(7)

Board

Added the ending conjunction “and”

703.205(c)(8)

Board

Changed “above” to “of this Section;” changed ending

punctuation to a semicolon

703.205 Board Note

Board

Updated the reference to the

Code of Federal

Regulations

, including a reference to a

Federal Register

notice of an amendment; adjusted the margin for the

Note to correspond with the entire Section

703.208

JCAR

Capitalized the word “Section”

703.208(a)(1)(A)

Board

Changed to plural “subsections”; “below” to “of this

Section”

703.208(a)(1)(B)

Board

Changed “below” to “of this Section”

703.208(a)(2)(B)(ii)

Board

Changed the format of the incorporation reference

language to the current Board-preferred format,

“incorporated by reference in 35 Ill. Adm. Code

720.111,” offset by commas

703.208(a)(2)(B)(iii)

Board

Changed “above” to “of this Section”

703.208(a)(2)(B)(iv)

Board

Changed “above” to “of this Section”

703.208(a)(2)(B)(v)

Board

Changed “above” to “of this Section” (twice); corrected

the spelling of “doses”

703.208(a)(4)

Board

Changed “above” to “of this Section” (twice)

703.208(a)(5)

JCAR

Changed “by” to “of”

703.208(a)(6)

Board

Removed erroneous sentence, “

If data from a similar

device . . . under similar conditions”

703.208(a)(6)(a)(iii)

JCAR

Changed the cross-reference to “this subsection (a)”

703.208(b)(3)

Board

Changed “fuel(s)” to “fuels”

703.208(b)(6)

JCAR

Changed the cross-reference to “this subsection (b)”

703.208(c)

JCAR

Changed the cross-reference to “this subsection (c)”

703.208 Board Note

Board

Updated the reference to the

Code of Federal

Regulations

, including a reference to a

Federal Register

notice of an amendment; adjusted the margin for the

Note to correspond with the entire Section

703.220

Board

Renumbered Section 703.221 to Section 703.220 in

order to accommodate the new preamble language to 40

C.F.R. 270.62 as Section 703.221

703.220(b)

Board

Added “must comply with all of the following

requirements” to complete the introductory language

703.220(b)(1)

Board

Changed ending punctuation to a period

703.220(b)(2)

Board

Changed ending punctuation to a period

703.220(b)(3)

Board

Changed ending punctuation to a period

703.220(b)(4)

Board

Changed ending punctuation to a period

703.220(b)(5)(E)

Board

Changed ending punctuation to a period and removed

the conjunction “and”

703.220(b)(7)

Board

Changed “which” to “that”

703.220 Board Note

Board

Updated the reference to the

Code of Federal

Regulations

, including a reference to a

Federal Register

notice of an amendment; adjusted the margin for the

Note to correspond with the entire Section

703.232(b)(1)

JCAR

Corrected “most” to “must”

703.232(c)

JCAR

Changed the cross-reference to “this subsection (c)”

703.232(c)(2)(A)

Board

Changed the ending punctuation from a period to a

semicolon

703.232(c)(2)(B)

Board

Changed the ending punctuation from a period to a

semicolon; added the ending conjunction “and”

703.232(c)(3)(F)

Board

Changed “system(s)” to “systems”

703.232(c)(4)

JCAR

Added a comma before “including” to offset a

parenthetical

703.232(c)(5)

Board

Changed “date(s)” to “dates”

703.232(c)(9)

JCAR

Changed the cross-reference to “this subsection (c)”

703.232(d)(6)

JCAR

Changed the cross-reference to “this subsection (d)”

703.232(e)

Board

Changed “constituent(s)” to “constituents”

703.232(f)(4)

Board

Changed “HCl/Chlorine gas” to “HCl and chlorine

gas”; added a comma to offset the final element of a

series

703.232(f)(5)

Board

Changed “HCl/Chlorine gas” to “HCl and chlorine

gas”; changed “chlorine/chloride” to “chlorine and

chloride”

703.232(g)

Board

Changed “the Section” to “this Section”; added “all of

the following information”; added the definite article

“the”

703.232 Board Note

Board

Updated the reference to the

Code of Federal

Regulations

, including a reference to a

Federal Register

notice of an amendment; adjusted the margin for the

Note to correspond with the entire Section

703.301(a) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.301(b)(3)

JCAR

Changed semicolons to commas for consistency (twice)

703.301(b) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.301(c) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(a) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(b) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(c) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(d) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(e) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(f) Board Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(f)(1)

Board

Changed “hearing(s)” to “hearings”

703.303(g)

JCAR

Changed “an RAP” to “a RAP”

703.303(g) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.303(h)

JCAR

Changed “a finally effective RAP” to “a final, effective

RAP”

703.303(h) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(a) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(b) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(c) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(d)

JCAR

Removed unnecessary comma after “initiative”

703.304(d) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(e) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(e)(3) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(f) Board Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(g) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304(h) Board

Note

Board

Updated the reference to the

Code of Federal

Regulations

703.304 Board Note

Board

Updated the reference to the

Code of Federal

Regulations

703.306(c)

JCAR

Changed “Subpart H of this Part” to “this Subpart H”

703.306(d)(4)

JCAR,

Board

Added a period after “time”, capitalized the definite

article “the”, added a period after “703.183(k)”, added

a space between the parentheses, and moved the closing

period inside the parentheses to render the provision as

three separate sentences—two of which are parenthetical

703.306 Board Note

Board

Adjusted the margin for the Note to correspond with the

entire Section

703.Appendix A

(B)(2)

Board

Changed “

quality assurance/control” to “quality assurance

or quality control”

703.Appendix A

(D)(3)(e)

JCAR

Changed reference to “paragraph D(3)(f) below”

703.Appendix A

(F)(1)(c)

Board

Added the introductory words,

“modification or addition

of container units”; d

eleted the reference to treatment

predicated on the narrative standard of 40 C.F.R. 268.8,

which no longer exists

703.Appendix A

(F)(4)(a)

Board

Deleted the reference to treatment predicated on the

narrative standard of 40 C.F.R. 268.8, which no longer

exists

703.Appendix A

(G)(1)(e)

Board

Deleted the reference to treatment predicated on the

narrative standard of 40 C.F.R. 268.8, which no longer

exists

703.Appendix A

(G)(5)(c)

Board

Deleted the reference to treatment predicated on the

narrative standard of 40 C.F.R. 268.8, which no longer

exists

703.Appendix A

(H)(5)(c)

Board

Deleted the reference to treatment predicated on the

narrative standard of 40 C.F.R. 268.8, which no longer

exists

703.Appendix A

(J)(6)(c)

Board

Deleted the reference to treatment predicated on the

narrative standard of 40 C.F.R. 268.8, which no longer

exists

703.Appendix A

(L)(8)

JCAR

Changed “alternate” to “alternative”

703.Appendix A

(L)(9)

JCAR

Changed to lower case “subpart”

703.Appendix A (M)

JCAR

Deleted ending punctuation

703.Appendix A

(M)(5)(b)

JCAR

Added ending punctuation

703.Appendix A (N)

JCAR

Deleted ending punctuation

703.Appendix A

Board Note

Board

Updated the reference to the

Code of Federal

Regulations

; adjusted the margin for the Note to

correspond with the entire Section

720. Source note

Board

Removed references to the “PCB” reporter (three

times); provided full citation for adoption of R00-5

amendments

720.110

“aboveground tank”

Board

Removed quotation marks from the word “tank” within

the body of the definition

720.110

“Administrator”

Board

Changed “U.S.” to “United States”

720.110 “ancillary

equipment”

Board

Changed “tank(s)” to “tanks”

720.110 “boiler”

Board

Changed “physical characteristics” to “boiler physical

characteristics”; “section(s)” to “sections” (three times);

added ending punctuation to the parenthetical in the third

sub-paragraph

720.110 “closed

portion”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “contingency

plan”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “corrective

action management

plan” Board note

Board

Separated the Board note from the text of the definition

720.110 “designated

facility”

Board

Changed “which” to “of which any of the following is

true”; changed “has” to “the facility has” (three times)”

updated the reference to the

Code of Federal Regulations

(twice); changed “is” to “the facility is”; changed

“which has” to “the facility has”; removed commas that

separated “other than Illinois” into a parenthetical;

changed “which” to “that” for a restrictive relative

clause

720.110 “electric

lamp”

Board

Replaced the previously-defined term “electric lamp”

with the federally-defined term “lamp”; removed Board

note

720.110 “existing

hazardous waste

management (HWM)

facility”

Board

Changed “which” to “that” for a restrictive relative

clause; capitalized the word “State”; added a semicolon

to the end of the first sub-paragraph; changed “which”

to “that” and removed unnecessary commas offsetting a

restrictive relative clause in the second sub-paragraph

720.110 “existing tank

system”

Board

Changed present-tense “is” and “has” to past-tense

“was”; changed “which” to “that” and removed

unnecessary commas offsetting a restrictive relative

clause in the second sub-paragraph

720.110 “explosives

or munitions

emergency response

specialist”

Board

Changed “U.S.” to “United States”; changed “U.S.

DOD” to “USDOD” (twice)

720.110 “facility”

JCAR

Changed to lower case “section”

720.110 “federal,

State, and local

approvals . . .”

JCAR

Changed to upper case “State”

720.110 “generator”

Board

Changed to singular “produces”

720.110 “hazardous

waste constituent”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “incinerator”

Board

Changed “that” to “of which the following is true”;

changed “uses” to “the facility uses”; added comma and

added “it” to create an independent clause; changed

“meets” to “the facility meets”

720.110 “incompatible

waste”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “industrial

furnace”

Board

Added semicolons (twelve times) and the conjunction

“and” to separate the subparagraphs; changed “industrial

furnace” in lower case and removed the quotation marks

720.110 “infrared

incinerator”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “inground

tank”

Board

Removed quotation marks from the word “tank”

720.110 “in

operation”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “inner liner”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “landfill cell”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “liner”

Board

Changed “which” to “that” and removed an unnecessary

comma offsetting a restrictive relative clause

720.110 “manifest”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “mercury-

containing lamp”

Board

Deleted the definition in favor of the definition of the

federally-used term “lamp”; deleted the Board note

referring to Section 22.23a of the Act

720.110 “military

munitions”

Board

Changed “U.S.” to “United States” (five times);

changed “U.S. DOE” to “USDOE”; changed “U.S.

DOD” to “USDOD”

720.110 “movement”

JCAR,

Board

Changed “that hazardous waste transported” to

“hazardous waste that is transported”

720.110 “new

hazardous waste

management (HWM)

facility”

Board

Changed “which” to “that” for a restrictive relative

clause; deleted an unnecessary comma after

“commenced”

720.110 “new tank

system”

JCAR

Changed to past-tense “commenced”

720.110 “onground

tank”

Board

Removed quotation marks form the word “tank” within

the body of the definition

720.110 “manifest”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “partial

closure”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “pesticide”

Board

Changed the ending punctuation of the subparagraphs to

semicolons (twice); removed quotation marks from the

word “pesticide” in the body of the definition; changed

“subsections of this definition” to “paragraphs of this

definition”

720.110 “plasma arc

incinerator”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “qualified

groundwater scientist”

Board note

Board

Removed quotation marks from the words “state

registration” and “professional certification”

720.110 “remediation

waste”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “replacement

unit”

Board

Removed quotation marks from the words “replacement

unit” in the body of the definition

720.110

“representative

sample”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “SIC Code”

JCAR

Added “Classification”

720.110 “sludge”

JCAR

Added a comma after the word “facility” to offset a

parenthetical

720.110 “sludge

dryer”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “small

quantity generator”

Board

Changed the defined term to lower case; changed

“which” to “that” for a restrictive relative clause

720.110 “staging pile”

JCAR

Placed “remediation waste” in quotation marks

720.110 “sump”

Board

Removed quotation marks from the words “sump” in the

body of the definition

720.110 “surface

impoundment”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “thermal

treatment”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “totally

enclosed treatment

facility”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “treatability

study”

Board

Changed the ending punctuation of the subparagraphs to

semicolons (four times) and added the conjunction

“and”; removed quotation marks from the words

“treatability study” in the body of the definition

720.110 “treatment”

Board

Changed “such” to “the” (twice); deleted “so as to”

(twice)

720.110 “underground

tank”

Board

Removed quotation marks from the words “tank” in the

body of the definition

720.110 “vessel”

Board

Removed unnecessary comma

720.110 “wastewater

treatment unit”

Board

Changed “which” to “of which the following is true”;

added “it” to open each subparagraph (three times);

changed “which” to “that” for restrictive relative clauses

(twice)

720.110 “water (bulk

shipment)”

Board

Changed “which” to “that” for a restrictive relative

clause

720.110 “well

injection”

JCAR

Moved period inside parentheses

720.111

JCAR,

Board

Moved the incorporation language from subsection (a)

720.111(a)

JCAR,

Board

Moved the incorporation language from subsection (a) to

the preamble; added preamble language indicating the

sources in subsection (a)

720.111(a) “ACI”

“ACI 318-83”

JCAR

Deleted comma from the issue date

720.111(a) “API”

JCAR

Deleted commas from the issue dates (four times)

720.111(a) “ATPI”

“APTI Course 415”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “ASTM”

“ASTM Method D

88-87”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “ASTM”

“ASTM Method G21-

70”

JCAR

Replaced an em-dash with a comma

720.111(a) “ASTM”

“ASTM Method G22-

76”

JCAR

Replaced an em-dash with a comma

720.111(a) “GPO”

“Test Methods for

Evaluating . . .

JCAR

Deleted unnecessary commas from the issue dates (five

times)

720.111(a) “NACE”

“Control of External

Corrosion . . .

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “NTIS”

“APTI Course 415”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “NTIS”

“Generic Quality

Assurance . . .”

JCAR

Changed to lower case “document”; deleted unnecessary

space from the document number

720.111(a) “NTIS”

“Guideline on Air

Quality Models”

JCAR

Removed an unnecessary period; changed to lower case

“document”

720.111(a) “NTIS”

“Method 164,

Revision A . . .”

JCAR

Removed an unnecessary period; changed to lower case

“document”; added missing closing parenthesis

720.111(a) “NTIS”

“Methods for

Chemical Analysis

. . .”

JCAR

Removed an unnecessary comma from the issue date;

changed to lower case “document”; removed space from

the document number

720.111(a) “NTIS”

“Methods Manual

. . .”

JCAR

Removed an unnecessary comma from the issue date;

changed to lower case “document”

720.111(a) “NTIS”

“Petitions to Delist

. . .”

JCAR

Removed an unnecessary comma from the issue date;

changed to lower case “document number”; removed

space from the document number

720.111(a) “NTIS”

“Screening Procedures

. . .”

JCAR

Removed an unnecessary comma from the issue date

720.111(a) “NTIS”

“Test Methods . . .”

JCAR

Changed to lower case “document number”

720.111(a) “OECD”

JCAR

Deleted an unnecessary closing parenthesis mark

720.111(a) “USDOD”

Board

Changed “U.S. DOD” to “USDOD”

720.111(a) “USEPA”

“Technical Assistance

Document”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “USEPA”

“Screening Procedures

. . .”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “USGSA”

Board

Changed “U.S. GSA” to “USGSA”

720.111(b)

Board

Updated the reference to the

Code of Federal

Regulations

(twenty times), including updating the

Federal Register

reference (once)

721. Authority note

Board

Added a reference to Section 7.2 of the Act

721. Source note

Board

Removed references to the “PCB” reporter (five times);

removed commas before “at” (twice)

721.109(d)

Board

Changed federally-defined term “lamps”; corrected

cross-reference to “733.105”; deleted Board note

referring to Section 22.23a of the Act

721.132 “K158”

JCAR

Changed “bag house” to “baghouse”

721.132 “K148”

JCAR

Added a comma after the word “including” to offset a

parenthetical

721.133(a)

Board

Removed an unnecessary comma

721.133(b)

Board

Changed “which” to “that” for a restrictive relative

clause

721.133(c)

Board

Added a comma to offset a parenthetical

721.133(c) Board note

Board

Changed commas to semicolons to separate major

elements of a series containing subseries (twice); deleted

the word “being”

721.133(d)

Board

Removed unnecessary commas (twice); changed

“which” to “that” for a restrictive relative clause

721.133(d) Board note

Board

Added “of this Part” to correct cross-reference format

721.133(e)

Board

Removed an unnecessary comma; added the words “the

following”

721.133(e) Board note

Board

Added a comma to offset a parenthetical; changed “only

is listed” to “is only listed”

721.133(f)

Board

Added the words “the following”

721.138(a)(1)(B)

Board

Removed colon in the middle of the sentence

721.138(c)(1)(B)

JCAR

Added a comma after the word “circulation” to offset a

parenthetical

721.138(c)(1)(B)(ii)

Board

Changed “unit(s)” to “units”

721.138(c)(1)(B)(v)

JCAR

Deleted an unnecessary comma after the word “office”

721.138(c)(1)(C)(ii)

Board

Changed “code(s)” to “codes”

721.138(c)(1)(C)(iii)

Board

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(2)(C)

Board

Added “35 Ill. Adm. Code”

721.138(c)(2)

JCAR

Corrected cross-reference to “subsections (a) or (b) and

(c)(1) of this Section”

721.138(c)(7)

JCAR

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(7)(A)(ii)

Board

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(7)(A)(iii)

Board

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(7)(B)(ii)

Board

Changed “person(s)” to “persons”

721.138(c)(8)

Board

Moved the Board note to the end of the subsection

721.138(c)(8)(I)

Board

Changed “re-tested” to “retested”

721.138(c)(10)(H)(ii)

Board

Changed “person(s)” to “persons”

721.138(c)(10)(H)

JCAR

Corrected to plural “include”

721.138(c)(10)(H)(vi)

JCAR

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(10)(I)

Board

Changed ending punctuation to a semicolon

721.138(c)(12)

JCAR

Corrected to singular “its”

721.Appendix G end

note

Board

Added a comma to offset the final element of a series

721.Appendix G end

note

Board

Added the words “that are” for enhanced clarity

721.Appendix Y

Board

Changed to upper case abbreviation “NA” (three times);

abbreviated “non-detect” to “NA” (151 times)

722. Source note

Board

Removed references to the “PCB” reporter (three

times); provided full citation for adoption of R00-5

amendments

722.134(a)(1)(D)(i)

JCAR

Changed “with respecting” to “with respect to”

722.134(d)(5)(D)(i)

JCAR

Added end conjunction “and”

724. Source note

Board

Removed a reference to the “PCB” reporter; provided

full citation for adoption of R00-5 amendments

724.101(c)

Board

Changed “U.S.C.” to “USC”

724.101(g)(11)(D)

Board

Changed federally-defined term “lamps”; corrected

cross-reference to “733.105”; deleted Board note

referring to Section 22.23a of the Act

724.101(j)(3)(A)

Board

Changed “who” to “that”

724.101(j)(3)(B)

Board

Changed “who” to “that”

724.440(a)(2)

Board

Changed “who” to “that”

724.440(c)

JCAR

Capitalized the word “Analysis” in the cited Section title

724.440(c)(1)(A)

Board

Deleted unnecessary ending conjunction “or”

724.440(c)(1)(B)

Board

Deleted unnecessary ending conjunction “or”

724.440(c)(2)

Board

Removed a comma and changed “which” to “that” for a

restrictive relative clause

724.440(d)

Board

Changed “which” to “that” for a restrictive relative

clause; corrected cross-reference to “subsection

(b)(1)(A), (b)(1)(B), (b)(1)(C), or (b)(1)(D) of this

Section”; capitalized the word “Analysis” in the cited

Section title

724.440(e)

JCAR,

Board

Changed to lower case and hyphenated the words

“short-term” in the parenthetical information on the cited

Sections, since this is not a Section title

724.701 preamble

Board

Changed “724.Subparts I through O and AA through

CC” to “Subparts I through O and AA through CC of

this Part”

724.701(b)(11)

Board

Corrected the spelling of “caused”

724.983(b)(1)

JCAR

Corrected “(c)(2)(F)” by adding a closing parenthesis

725. Source note

Board

Removed references to the “PCB” reporter (four times);

removed a comma before “at”

725.101(c)(11)(B)

Board

Changed “725.Subparts C and D” to “Subparts C and

D of this Part”

725.101(c)(14)(C)

Board

Removed unnecessary conjunction “and”

725.101(c)(14)(D)

Board

Changed federally-defined term “lamps”; corrected

cross-reference to “733.105”; deleted Board note

referring to Section 22.23a of the Act

725.101(d)(3)

Board

Changed “725.Subpart L” to “Subpart L of this Part”

725.440(c)(1)(A)

Board

Deleted unnecessary ending conjunction “or”

725.440(c)(1)(B)

Board

Deleted unnecessary ending conjunction “or”

725.980(b)(5)

JCAR

Changed to capitalized “State”

725.980(b)(6)

JCAR

Corrected the title and added the missing citation to the

federal “Nuclear Waste Policy Act of 1982”

725.984(b)(3)(C)

JCAR

Changed brackets to parentheses

725.984(b)(5)(C)(ii)

JCAR

Corrected the cross-reference to singular “subsection

(a)(3)”

725.984(b)(5)(D)

JCAR

Added a closing period after each of the definitions of

the variables “j” and “m”

725.984(b)(6)(A)

JCAR

Corrected the cross-reference to lower case “appendix”

725.984(b)(6)(B)

JCAR

Added colon after “where”; added a closing period after

the definition of the variable “k

”

725.984(b)(9)(C)

JCAR

Corrected the cross-reference to lower case “appendix”

725.984(c)(3)(B)(i)

JCAR

Corrected the cross-reference to lower case “appendix”

725.984(d)

JCAR,

Board

Added the definite article, “the”, and “is as follows” to

complete the preamble

725.984(d)(1)

JCAR

Added a comma to complete offsetting a parenthetical

725.987(c)(2)

JCAR

Changed a comma to a semicolon to separate the

elements of a major series

725.987(c)(4)(C)

JCAR

Corrected “detected for” to “detected in”

725.987(d)(2)

JCAR

Changed “in or out of” to “into or out of”

725.987(d)(4)(C)

JCAR

Corrected “detected for” to “detected in”

726. Authority note

Board

Added a reference to Section 7.2 of the Act

726.200(d)(1)

Board

Deleted an unnecessary comma

726.200(d)(1)(A)(iv)

JCAR

Changed cross-reference to “this subsection (d)”

726.200(d)(1)(B)

JCAR

Changed cross-reference to “this subsection (d)”; placed

quotation marks on the title of the reference, “Test

Methods . . .”

726.200(d)(3)

JCAR

Changed cross-reference to “this subsection (d)” (twice)

726.200(d)(3)(A)

Board

Deleted an unnecessary period from the beginning of

“Appendices”

726.200(d)(3)(A)(i)

Board

Changed a semicolon to a comma

726.200(d)(3)(A)(ii)

Board

Changed to lower case “toxicity characteristic”

726.200(h)

JCAR

Changed to lower-case “subpart X”

726.200(i) “toxicity

equivalence”

Board

Added a comma and “incorporated by reference”

726.201(c)(1)

Board

Changed to singular “an owner or operator . . . stores

or treats . . . is”; changed “35 Ill. Adm. Code

724.Subparts A through L, 35 Ill. Adm. Code 725.Subparts

A through L” to “35 Ill. Adm. Code 724 and 725”; changed

“

subsection (c)

(2), below” to “subsection (c)(2) of this

Section”; added “any”; changed to singular “facility operated

by an intermediary (processor, blender, distributor . . .”

726.201(c)(2)

Board

Changed to singular “an owner or operator . . . burns

. . . it generates is”; changed “35 Ill. Adm. Code

724.Subparts A through L, 35 Ill. Adm. Code 725.Subparts

A through L” to “35 Ill. Adm. Code 724 and 725”; changed

“

subsection (c)

(1), above” to “subsection (c)(1) of this

Section”

726.205(a)

Board

Changed the format of the incorporation reference

language to the current Board-preferred format,

“incorporated by reference in 35 Ill. Adm. Code

720.111,” offset by commas; added “incorporated by

reference in”; removed “(“eye”)”; added “of this Part”

726.212(a)(2)

JCAR

Added “of” before “normal” for clarity

726.212(a)(3)

JCAR

Added “of” before “normal” for clarity

726.212(b)(1)

Board

Changed “U.S. EPA” to “USEPA”

726.212(b)(1)(A)

Board

Added a comma and “incorporated by reference”;

changed “Section 726.Appendix I” to “Appendix I of

this Part

”

726.212(b)(1)(B)

Board

Changed “subs

ection (b)(1)(A) above” to “subsection

(b)(1)(A)e of this Section”; h

yphenated “waste-derived”

726.212(b)(2)(A)

Board

Changed “subsection (b)(1) above” to “subsection (b)(1)

of this Section” (twice); changed “Section 726.Appendix

G” to “Appendix G of this Part

” (four times); changed

“U.S. EPA” to “USEPA” (four times)

726.212(b)(2)(B)

Board

Deleted ending conjunction “and”; corrected the cross-

reference to “Appendix G of this Part”

726.212(b)(2)(C)

JCAR

Hyphenated “24-hour” (twice)

726.212(c)(2)

Board

Changed “subsection (b)(1) above” to “subsection (b)(1)

of this Section”

726.App. H

USEPA,

JCAR

Added the missing entry for “2,4-toluene diisocyanate”;

corrected the spelling of “polychlorinated” (twice)

728. Table of Contents

Board

Added a comma to the heading for Section 728.101;

corrected “HTMR” in the heading for Table G

728. Authority note

Board

Added a reference to Section 7.2 of the Act

728. Source note

Board

Added a reference to

“amended at 15 Ill. Reg. 11937,

effective August 12, 1991”

728.101 heading

Board

Added a comma to the heading

728.101(c)(4)(A)(i)

Board

Changed “U.S.” to “United States”

728.101(d)

Board

Changed “U.S.C.” to “USC”

728.101(e)(3)

Board

Deleted unnecessary ending conjunction “or”

728.101(e)(4)

Board

Deleted unnecessary ending conjunction “or”

728.101(f)(3)

Board

Added ending semicolon

728.101(f)(4)

Board

Changed federally-defined term “lamps”; corrected

cross-reference to “733.105”; deleted Board note

referring to Section 22.23a of the Act

728.102 “RCRA

corrective action”

Board

Changed to lower case “states”

728.102 “soil”

Board

Changed “U.S.” to “United States”

728.107(a)(6)

Board

Removed unnecessary conjunction “and”

728.107(b)(3)(B)

JCAR

Removed the duplicate word “Section”

728.107(b)(4)(E)

certification

Board

Added a comma to complete offset of a parenthetical “as

defined in 35 Ill. Adm. Code 728.102(i)”; moved

“universal treatment standards”

728.107(b)(6)

Board

Removed extra parenthesis marks to correct cross-

references to “subsection (b)(3)” (twice) and “subsection

(b)(4)”

728.107(c)(2)

Board

Removed extra parenthesis mark following “35 Ill.

Adm. Code 720.111”; added “35 Ill. Adm. Code” to

cross-reference

728.109(d)(1)(B)

Board

Changed “group(s)” to “groups”

728.109(d)(3)(A)

Board

Added a comma to offset the parenthetical “if already

complete”

728.140(a)(1)

Board

Removed quotation marks from the defined term “total

waste standards” already in parentheses

728.140(a)(2)

Board

Removed quotation marks from the defined term “waste

extract standards” already in parentheses

728.140(a)(3)

Board

Removed quotation marks from the defined term

“technology standard” already in parentheses

728.140(b)

Board

Corrected cross-reference to “35 Ill. Adm. Code

720.111” (twice)

728.140(f)

Board

Corrected cross-reference to “35 Ill. Adm. Code

720.111”

728.140(i)

Board

Updated the reference to the

Code of Federal

Regulations

728.140(j)

Board

Changed a comma to a semicolon; deleted an

unnecessary conjunction “and”

728.140(j) Board note

Board

Removed the explanatory note, since USEPA corrected

the numbering error in the federal counterpart

728.Table T “D001”

Board

Placed the footnote number inside the punctuation in the

column headings (twice)

728.Table T “F024”

JCAR

Corrected the spelling of “bis(3-ethylhexyl) phthalate”

728.Table T “K027”

JCAR

Deleted the unnecessary article “the”

728.Table T “K140”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

728.Table T “K142”

JCAR

Corrected the spelling of “indeno(1,2,3-cd)pyrene”

728.Table T “K169”

Board

Changed “xylene(s)” to “xylenes”

728.Table T “K170”

Board,

JCAR

Changed “xylene(s)” to “xylenes”

728.Table T “K171”

Board,

JCAR

Changed “xylene(s)” to “xylenes”; corrected “mg/L” to

“mg/l” (three times)

728.Table T “K172”

Board

Changed “xylene(s)” to “xylenes”; corrected “mg/L” to

“mg/l” (three times)

728.Table T “P098”

Board

Removed period after “potassium cyanide”

728.Table T note 5

JCAR

Added comma to offset the parenthetical “except for

. . .”; changed “upon” to “on” (twice)

728.Table T note 10

JCAR

Changed a comma to a semicolon

728.Table T Board

note

JCAR

Updated the reference to the

Code of Federal

Regulations

, including the

Federal Register

citation

733. Table of Contents

Board

Repealed Section 733.107

733. Authority note

Board

Added a reference to Section 7.2 of the Act

733.101(a)(3)

Board

Corrected the cross-reference to “Section 733.104”

733.101(a)(4)

Board

Changed federally-defined term “lamps”; corrected

cross-reference to “733.105”; deleted Board note

referring to Section 22.23a of the Act

733.102(a)(1)

Board

Changed “subsection (b) below” to “subsection (b) of

this Section”

733.102(b)(2)

Board

Changed “subsection (c) below” to “subsection (c) of

this Section”

733.103(a)

Board

Changed “subsection (b) below” to “subsection (b) of

this Section”

733.103(a)(1)(A)

Board

Changed “U.S.C.” to “USC”; removed the section

symbol “§”

733.103(b)(1)

Board

Changed “subsection (a)(1) above” to “subsection (a)(1)

of this Section”; changed “subsection (a)(2) above” to

“subsection (a)(2) of this Section”

733.103(b)(2)

Board

Changed “subsection (a) above” to “subsection (a) of

this Section”

733.103(b)(3)

Board

Changed “subsection (c) below” to “subsection (c) of

this Section”; changed “subsection (d) below” to

“subsection (d) of this Section”

733.103(b)(4)

Board

Changed “subsection (b)(3) above” to “see subsection

(b)(3) of this Section”

733.103(c)(1)

Board

Changed “subsection (a)(1) above” to “subsection (a)(1)

of this Section”

733.103(c)(2)

Board

Changed “subsection (a)(2) above” to “subsection (a)(2)

of this Section”

733.103(d)(1)

Board

Changed “subsection (a)(1) above” to “subsection (a)(1)

of this Section”

733.103(d)(2)

Board

Changed “subsection (a)(2) above” to “subsection (a)(2)

of this Section”

733.104(a)

Board

Changed “subsection (b) below” to “subsection (b) of

this Section”

733.104(b)(1)

Board

Changed “subsection (c) below” to “subsection (c) of

this Section”

733.104(b)(2)

Board

Changed “subsection (b)(1) above” to “see subsection

(b)(1) of this Section”

733.107

Board

Repealed the prior Section in favor of the new federally-

derived provision at Section 733.105

733.108(a)

Board

Changed to singular “a person that manages . . . its

option”; added “any of”; changed “them” to “the

waste”

733.108(a)(1)

Board

Added “which” for subsequent restrictive relative clause

733.108(a)

Board

Changed to singular “a person that commingles”; added

“any of”; changed “subsections (a)(1) and (a)(2) above”

to “see subsections (a)(1) and (a)(2) of this Section”

733.109 “battery”

JCAR

Changed “which” to “that” for a restrictive relative

clause

733.109 “electric

lamp”

Board

Deleted the definition in favor of the new federally-

derived definition of “lamp”; deleted the Board note

relating to Section 22.23a of the Act

733.109 “large

quantity handler of

universal waste”

Board

Changed “mercury-containing lamps” to the new

federally-derived “lamps”; deleted the Board note

relating to Section 22.23a of the Act

733.109 “pesticide”

Board

Corrected the cross-references to “35 Ill. Adm. Code

720.111” (three times); changed sub-paragraph ending

punctuation to a semicolon (twice); added a comma after

“35 Ill. Adm. Code 720.111” to offset a parenthetical

733.109 “small

quantity handler of

universal waste”

Board

Changed “mercury-containing lamps” to the new

federally-derived “lamps”; deleted the Board note

relating to Section 22.23a of the Act

733.109 “thermostat”

Board

Corrected the cross-references to “Section

733.113(c)(2)”

733.109 “universal

waste”

Board

Changed “mercury-containing lamps” to the new

federally-derived “lamps”; deleted the Board note

relating to Section 22.23a of the Act

733.109 “universal

waste handler”

Board

Removed quotation marks from the defined term as it

appears in a sub-paragraph

733.113(a)

Board

Changed “way” to “manner”

733.113(a)(3)(B)

Board

Changed to upper case “State”; corrected “is” to “as”

733.113(b)(2)

Board

Changed “subsection (b)(1) above” to “subsection (b)(1)

of this Section”

733.113(c)(2)(G)

Board

Added the ending conjunction “and”

733.113(c)(3)(B)

JCAR

Capitalized the word “State”

733.113(d)

Board

Changed “universal waste mercury-containing lamps” to

the new federally-derived “lamps” (twice); deleted the

subsections (d)(1)(A), (d)(1)(B), (d)(3) through (d)(5)(F),

and the end Board note referencing section 22.23a of the

Act

733.113(d)(1)

Board

Changed “mercury-containing lamps” to the new

federally-derived “lamps”; deleted “at all times”

733.113(d)(2)

Board

Changed “universal waste mercury-containing lamps” to

the new federally-derived “universal waste lamps”;

deleted “at all times, . . . lamp breakage”

733.113(d)(3)

Spent

Lamp

Recycling,

Air Cycle,

Com Ed,

IMA

Retained the language of former subsection (d)(5)

relating to spent lamp volume reduction, altering the

usage to the federal “spent lamps”

733.113(d) Board

Note

Board

Deleted the reference to the Public Act, since the

amendment now appears in printed versions of the Act

733.114(a)

Board

Changed “battery(ies)” to “batteries” (three times)

733.114(b)(2)

Board

Changed “pesticide(s)” to “pesticides” (twice)

733.114(c)(3)(B)

Board

Changed “subsectio

n (c)(1)(A) above” to “subsection

(c)(1)(A) of this Section”

733.114(c)(3)(C)

Board

Changed “subsectio

ns (c)(1)(A) and (c)(1)(B) above” to

“subsection (c)(1)(A) and (c)(1)(B) of this Section”

733.114(c)(2)

Board

Changed “pesticide(s)” to “pesticides” (twice)

733.114(d)

Board

Changed “thermostat(s)” to “thermostats” (three times)

733.114(e)

Board

Changed “universal waste mercury-containing lamps” to

the new federally-derived “lamp”; changed “lamp(s)” to

“lamps” (three times); deleted Board note

733.132(a)(1)

Board

Changed “subsectio

ns (a)(2)and (a)(3) below” to

“subsections (a)(2)and (a)(3) of this Section”

733.132(b)(4)

Board

Changed conjunction from “and

” to “or”; changed

“

mercury-containing lamps” to the new federally-derived

“lamps”; added ending conjunction “and”

733.132(b)(5)

Board

Changed conjunction from “and

” to “or”; changed

“

mercury-containing lamps” to the new federally-derived

“lamps”

733.132 Board note

Board

Deleted the reference to section 22.23a of the Act

733.133(a)

Board

Changed “way” to “manner”

733.133(a)(3)(B)

Board

Changed to upper case “State”

733.133(b)

Board

Changed “way” to “manner”

733.133(b)(2)

Board

Changed “subsection (b)(1) above” to “subsection (b)(1)

of this Section”

733.133(c)

Board

Changed “way” to “manner”

733.133(c)(2)(G)

Board

Added the ending conjunction “and”

733.133(c)(3)(C)

Board

Changed to upper case “State”

733.133(d)

Board

Changed “universal waste mercury-containing lamps” to

the new federally-derived “lamps” (twice); deleted the

subsections (d)(1)(A), (d)(1)(B), (d)(3) through (d)(5)(F),

and the end Board note referencing section 22.23a of the

Act

733.133(d)(1)

Board

Changed “mercury-containing lamps” to the new

federally-derived “lamps”; deleted “at all times”

733.133(d)(2)

Board

Changed “universal waste mercury-containing lamps” to

the new federally-derived “universal waste lamps”;

deleted “at all times, . . . lamp breakage”

733.133(d)(3)

Spent

Lamp

Recycling,

Air Cycle,

Com Ed,

IMA

Retained the language of former subsection (d)(5)

relating to spent lamp volume reduction, altering the

usage to the federal “spent lamps”

733.133(d) Board

Note

Board

Deleted the reference to the Public Act, since the

amendment now appears in printed versions of the Act

733.134(a)

Board

Changed “battery(ies)” to “batteries” (three times)

733.134(b)(2)

Board

Changed “pesticide(s)” to “pesticides” (twice)

733.134(c)(1)(B)

Board

Changed “subsectio

n (c)(1)(A) above” to “subsection

(c)(1)(A) of this Section”

733.134(c)(1)(C)

Board

Changed “subsectio

ns (c)(1)(A) and (c)(1)(B) above” to

“subsection (c)(1)(A) and (c)(1)(B) of this Section”

733.134(c)(2)

Board

Changed “pesticide(s)” to “pesticides” (twice)

733.134(d)

Board

Changed “thermostat(s)” to “thermostats” (three times)

733.134(e)

Board

Changed “Universal waste mercury-containing lamps” to

the new federally-derived “lamps”; changed “in which

the lamps” to “in which such lamps” changed “shall” to

“must”; changed “lamp(s)” to “lamps” (three times)

733.134 Board note

Board

Removed the Board note referring to Section 22.23a of

the Act

733.181(b)

Board

Added ending conjunction “or”

Table 3:

Revisions to the Text of the Proposed Amendments in Final Adoption

Section Revised

Source(s)

Revision(s)

703. Source note

Board

Removed a reference to the “PCB” reporter

703.183(j)

IEPA

Changed “an indication of” to “the locations and types of”

703.183(m)

JCAR

Added a comma after “include” to offset a parenthetical

703.183(s)(12) Board

Note

JCAR

Changed the indent level of the Board note to

correspond with all of subsection (s)

703.205

JCAR

Changed to singular “subsection”

703.205(c)(1)(D)

Board

Added the ending conjunction “and”

703.205(c)(2)(I)

Board

Added the ending conjunction “and”

703.205(c)(5)(B)

Board

Added the ending conjunction “and”

703.205(c)(6)(H)

Board

Added the ending conjunction “and”

703.205(c)(7)

Board

Added the ending conjunction “and”

703.205(c)(8)

Board,

JCAR

Changed ending punctuation to a semicolon

703.208

JCAR

Changed “40 CFR part 63” to “40 CFR 63”; capitalized

the word “Section”

703.208(a)(1)(A)

Board

Changed to plural “subsections”

703.208(a)(5)

JCAR

Changed “by” to “of”

703.208(a)(6)(a)(iii)

JCAR

Changed the cross-reference to “this subsection (a)”

703.208(b)(6)

JCAR

Changed the cross-reference to “this subsection (b)”

703.208(c)

JCAR

Changed the cross-reference to “this subsection (c)”

703.221

JCAR

Corrected spelling of “Section” in Section heading;

corrected citation to “40 CFR 63”

703.232

JCAR

Changed “in of” to “of”; corrected citation to “40 CFR

63”

703.232(b)(1)

JCAR

Corrected “most” to “must”

703.232(c)

JCAR

Changed the cross-reference to “this subsection (c)”

703.232(c)(4)

JCAR

Added a comma before “including” to offset a

parenthetical

703.232(c)(9)

JCAR

Changed the cross-reference to “this subsection (c)”

703.232(d)(6)

JCAR

Changed the cross-reference to “this subsection (d)”

703.232(g)

JCAR

Changed “the Section” to “this Section”

703.306(d)(4)

JCAR,

Board

Added a period after “time”, capitalized the definite

article “the”, added a period after “703.183(k)”, added

a space between the parentheses, and moved the colsing

period inside the parentheses to render the provision as

three separate sentences—two of which are parenthetical

703.Appendix A

(D)(3)(e)

JCAR

Changed reference to “paragraph D(3)(f) below”

703.Appendix A

(L)(8)

JCAR

Changed “alternate” to “alternative”

703.Appendix A

(L)(9)

JCAR

Changed to lower case “subpart”

703.Appendix A (M)

JCAR

Deleted ending punctuation

703.Appendix A

(M)(5)(b)

JCAR

Added ending punctuation

703.Appendix A (N)

JCAR

Deleted ending punctuation

720. Source note

Board

Removed references to the “PCB” reporter (three

times); provided full citation for adoption of R00-5

amendments

720.110 “boiler”

JCAR

Added ending punctuation to the parenthetical in the

third sub-paragraph

720.110 “existing

hazardous waste

management facility”

JCAR

Capitalized the word “State”

720.110 “existing tank

system”

JCAR

Changed present-tense “is” and “has” to past-tense

“was”

720.110 “facility”

JCAR

Changed to lower case “section”

720.110 “federal,

State, and local

approvals . . .”

JCAR

Changed to upper case “State”

720.110 “movement”

JCAR,

Board

Changed “that hazardous waste transported” to

“hazardous waste that is transported”

720.110 “new

hazardous waste

management facility”

JCAR

Deleted an unnecessary comma after “commenced”

720.110 “new tank

system”

JCAR

Changed to past-tense “commenced”

720.110 “pesticide”

JCAR

Changed “subsections of this definition” to “paragraphs

of this definition”

720.110 “SIC Code”

JCAR

Added “Classification”

720.110 “sludge”

JCAR

Added a comma after the word “facility” to offset a

parenthetical

720.110 “small

quantity generator”

JCAR

Changed the defined term to lower case

720.110 “staging pile”

JCAR

Placed “remediation waste” in quotation marks

720.110 “well

injection”

JCAR

Moved period inside parentheses

720.111

JCAR,

Board

Moved the incorporation language from subsection (a)

720.111(a)

JCAR,

Board

Moved the incorporation language from subsection (a) to

the preamble; added preamble language indicating the

sources in subsection (a)

720.111(a) “ACI”

“ACI 318-83”

JCAR

Deleted comma from the issue date

720.111(a) “API”

JCAR

Deleted commas from the issue dates (four times)

720.111(a) “ATPI”

“APTI Course 415”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “ASTM”

“ASTM Method D

88-87”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “GPO”

“Test Methods for

Evaluating . . .

JCAR

Deleted unnecessary commas from the issue dates (five

times)

720.111(a) “NACE”

“Control of External

Corrosion . . .

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “OECD”

JCAR

Deleted an unnecessary closing parenthesis mark

720.111(a) “USEPA”

“Technical Assistance

Document”

JCAR

Deleted an unnecessary comma from the issue date

720.111(a) “USEPA”

“Screening Procedures

. . .”

JCAR

Deleted an unnecessary comma from the issue date

721. Source note

Board

Removed references to the “PCB” reporter (five times);

removed commas before “at” (twice)

721.132 “K140”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

721.132 “K158”

JCAR

Changed “bag house” to “baghouse”

721.132 “K148”

JCAR

Added a comma after the word “including” to offset a

parenthetical

721.133(a)

Board

Removed an unnecessary comma

721.133(b)

Board

Changed “which” to “that” for a restrictive relative

clause

721.133(c)

Board

Added a comma to offset a parenthetical

721.133(c) Board note

Board

Changed commas to semicolons to separate major

elements of a series containing subseries (twice); deleted

the word “being”

721.133(d)

Board

Removed unnecessary commas (twice); changed

“which” to “that” for a restrictive relative clause

721.133(d) Board note

Board

Added “of this Part” to correct cross-reference format

721.133(e)

Board

Removed an unnecessary comma; added the words “the

following”

721.133(e) Board note

Board

Added a comma to offset a parenthetical; changed “only

is listed” to “is only listed”

721.133(f)

Board

Added the words “the following”

721.133(f) “U408”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

721.138(c)(1)(B)

JCAR

Added a comma after the word “circulation” to offset a

parenthetical

721.138(c)(1)(B)(v)

JCAR

Deleted an unnecessary comma after the word “office”

721.138(c)(2)

JCAR

Corrected cross-reference to “subsections (a) or (b) and

(c)(1) of this Section”

721.138(c)(7)

JCAR

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(10)(H)

JCAR

Corrected to plural “include”

721.138(c)(10)(H)(vi)

JCAR

Changed “which” to “that” for a restrictive relative

clause

721.138(c)(12)

JCAR

Corrected to singular “its”

721.138(d)

Board

Corrected the ending punctuation to a period

721.App. G “K140”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

721.App. G end note

Board

Added a comma to offset the final element of a series

721.App. H “2,4,6-

tribromophenol”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

721.App. H end note

Board

Added “that are” for enhanced clarity

721.App. Y

“cadmium”

USEPA,

IEPA

Moved “1.2” from the “concentration limit” column to

the “detection limit” column

721.App. Y

“oxygenates”

USEPA

Corrected the spelling of the heading “oxygenates”

721.App. Y

“isosafrole”

USEPA,

IEPA

Corrected the quantity in the “concentration limit”

column to “2400”

721.App. Y “4-nitro-

aniline”

IEPA

Corrected the quantity in the “concentration limit”

column to “2400”

721.App. Y “aramite”

USEPA

Corrected the CAS number to “140-57-8”

721.App. Y “2-

chloronaphthalene”

USEPA

Corrected the spelling of “2-chloronaphthalene”

722. Source note

Board

Removed references to the “PCB” reporter (three

times); provided full citation for adoption of R00-5

amendments

722.134(a)

Board

Added reference to the exceptions of subsections (g),

(h), and (i) as a segment of the March 6, 2000 federal

amendments

722.134(a)(4)

Board

Deleted “treatment, storage, and disposal facility” as

unnecessary

722.134(g)

Board

Added as a segment of the March 6, 2000 federal

amendments

722.134(h)

Board

Added as a segment of the March 6, 2000 federal

amendments

722.134(i)

Board

Added as a segment of the March 6, 2000 federal

amendments

724. Source note

Board

Removed a reference to the “PCB” reporter; provided

full citation for adoption of R00-5 amendments

724.440(b)(1)

JCAR

Capitalized the word “Part”

724.440(b) Board note

IEPA

Added the explanatory quotation from the

Federal

Register

724.440(c)

JCAR

Capitalized the word “Analysis” in the cited Section title

724.440(c)(1)(C)

JCAR

Removed underlining from the words “as determined by

the”

724.440(d)

JCAR

Corrected cross-reference to “subsection (b)(1)(A),

(b)(1)(B), (b)(1)(C), or (b)(1)(D) of this Section”;

capitalized the word “Analysis” in the cited Section title

724.440(e)

JCAR,

Board

Changed to lower case and hyphenated the words

“short-term” in the parenthetical information on the cited

Sections, since this is not a Section title

725. Source note

Board

Removed references to the “PCB” reporter (four times);

removed a comma before “at”

725.984(b)(5)(D)

JCAR

Added a closing period after the definition of the

variable “m”

725.987(c)(2)

JCAR

Changed a comma to a semicolon to separate the

elements of a major series

726.200(b)(1)

JCAR

Changed to lower-case “subpart EEE” (twice); changed

to upper case “this Part”

726.200(b)(2)(A)

JCAR,

IEPA

Corrected the reference to “726.203(l)”

726.200(b) Board note

IEPA

Added a Board note to explain the direct implementation

of the federal MACT standards in Illinois; added the

quotation from the

Federal Register

explaining the

interplay of the MACT and RCRA Subtitle C standards

726.200(d)(1)(A)(iv)

JCAR

Changed cross-reference to “this subsection (d)”

726.200(d)(1)(B)

JCAR

Changed cross-reference to “this subsection (d)”; placed

quotation marks on the title of the reference, “Test

Methods . . .”

726.200(d)(3)

JCAR

Changed to lower-case “subpart X”; changed cross-

reference to “this subsection (d)” (twice)

726.200(h)

JCAR

Changed to lower-case “subpart X”

726.200(i) “toxicity

equivalence”

JCAR

Added a comma to offset the incorporation parenthetical

726.205(c)(3) “toxicity

equivalence”

JCAR

Capitalized “Subpart”

726.212(a)(2)

JCAR

Added “of” before “normal” for clarity

726.212(a)(3)

JCAR

Added “of” before “normal” for clarity

726.212(b)(1)(A)

JCAR

Added a comma to offset the incorporation parenthetical

726.212(b)(1)(B)

JCAR

Hyphenated “waste-derived”

726.212(b)(2)(A)

Board note

JCAR

Removed the section symbol “§”

726.212(b)(2)(B)

JCAR

Corrected the cross-reference to “Appendix G of this

Part”

726.212(b)(2)(C)

JCAR

Hyphenated “24-hour” (twice)

726.App. H

USEPA,

JCAR,

IEPA

Added the missing entry for “2,4-toluene diisocyanate”;

corrected the spelling of “polychlorinated” (twice)

728.109(d)(1)(B)

Board

Removed the parentheses from the plural “groups”

728. Table of Contents

Board

Marked Section 728.133 as repealed as a segment of the

March 17, 2000 federal amendments; corrected

“HTMR” in the heading for Table G

728.133

Board

Repealed as a segment of the March 17, 2000 federal

amendments

728.Table T “K027”

JCAR

Deleted the unnecessary article “the”

728.Table T “K140”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

728.Table T “K142”

JCAR

Corrected the spelling of “indeno(1,2,3-cd)pyrene”

728.Table T “K171”

JCAR

Corrected “mg/L” to “mg/l” (three times)

728.Table T “K172”

JCAR

Corrected “mg/L” to “mg/l” (four times)

728.Table T “U408”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

728.Table T Board

note

Board

Added a reference to the March 17, 2000 federal

amendments to update the C.F.R. reference

728.Table U “2,4,6-

tribromophenol”

Board

Deleted as a segment of the March 17, 2000 federal

amendments

728.Table T Board

note

Board

Added a reference to the March 17, 2000 federal

amendments to update the C.F.R. reference

733.103(a)(1)(A)

JCAR

Removed the section symbol “§”

733.108(a)(2)

JCAR

Corrected the cross-reference to “Section 733.109”

733.109 “battery”

JCAR

Changed “which” to “that” for a restrictive relative

clause

733.113(a)(3)(B)

JCAR

Corrected “is” to “as”

733.113(c)(3)(B)

JCAR

Capitalized the word “State”

733.113(d)(3)

Spent

Lamp

Recycling,

Air Cycle,

Com Ed,

IMA

Retained the language of former subsection (d)(5)

relating to spent lamp volume reduction, altering the

usage to the federal “spent lamps”

733.113(d) Board

Note

Board

Restored the note, but deleted the reference to the Public

Act, since the amendment now appears in printed

versions of the Act

733.114(d)

JCAR

Removed the parentheses from the plural “pesticides”

(three times)

733.114(e)

JCAR

Removed the parentheses from the plural “lamps” (three

times); deleted Board note

733.113(d) Board

Note

Board

Restored the note, but deleted the reference to the Public

Act, since the amendment now appears in printed

versions of the Act

733.133(d)(3)

Spent

Lamp

Recycling,

Air Cycle,

Com Ed,

IMA

Retained the language of former subsection (d)(5)

relating to spent lamp volume reduction, altering the

usage to the federal “spent lamps”

733.134(d)

JCAR

Removed the parentheses from the plural “pesticides”

(three times)

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

703.304(e)(2)

JCAR: Change “which”

to “that”

“Which” is preferred for subsequent

restrictive relative clauses

703.Appendix A ¶K.12.

JCAR: Change “soil-

pore” to “soil-poor”

“Soil-pore” is used in corresponding

Appendix I to 40 C.F.R. 270.42

703.Appendix A ¶L.1.

JCAR: Change

“feedstream” to “feed

stream”

“Feedstream” is used in corresponding

Appendix I to 40 C.F.R. 270.42, and is a

phrase of art

720.110 “military

munitions”

JCAR: Change “chemical

and riot control agents” to

“chemical riot control

agents”

“Chemical and riot control agents” is used

in corresponding 40 C.F.R. 260.10, and

it may have a different meaning than the

suggested language

720.110 “remediation

waste”

JCAR: Add a comma

after “wastes”

What follows is a restrictive relative

clause, so a comma would be

inappropriate

721.138(c)(8)(D)

JCAR: Change “which”

to “that” for a restrictive

relative clause

“Which” is more appropriate for a

subsequent restrictive relative clause

726.200(h)

JCAR: Change “which”

to “that” for a restrictive

relative clause

“Which” is more appropriate for a

subsequent restrictive relative clause

726.200(h)

JCAR: Add a comma

after “fired” in the phrase

“as fired and as provided .

. .”

A comma would separate a simple two-

element series

728. Source note

JCAR: Remove reference

to “15 Ill. Reg. 11937”

A Notice of Adopted Amendments

actually appeared in the

Illinois Register

at that citation

728.Table T “K143”

JCAR: Change “wash oil”

to “waste oil”

“Waste oil” appears at the corresponding

table to 40 C.F.R. 268.40

728.Table T “P040”

JCAR: Change “diethyl-

O- . . .” to “diethyl-0-

. . .”

“

Diethyl-O- . . .

” appears at the

corresponding table to 40 C.F.R. 268.40

733. Table of Contents

JCAR: Capitalize “off-

site” in the heading for

Section 733.155

The heading in the table agrees with that

in the text, and Section 733.155 is not

open in this proceeding; the Board will

note the correction for a future rulemaking

733.103(d)(1)(B)

JCAR: Change

“including” to “included

in”

“Including” starts a parenthetical that

makes a specific inclusion to “pesticide,”

which it follows

733.108(a)(1)

JCAR: Change “which”

to “that” for a restrictive

relative clause

“Which” is more appropriate for a

subsequent restrictive relative clause

HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION

EDITORIAL CONVENTIONS

The Board appends the following three discussions to this opinion. The first is a

summary history of the Illinois RCRA Subtitle C and UIC programs. It lists all Board actions

taken to adopt and maintain these programs since their inception. 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 to date. The second is a discussion of how

the Board codifies requirements that call for state determinations, such as exemptions or

exceptions. The third discussion relates to our use of language in the codification of identical-

in-substance rules. We intend these as reference aids for interested persons in the regulated

community.

The narrative history of the Illinois hazardous waste program has grown quite lengthy. At this

time, the historical summaries of the RCRA Subtitle C and UIC programs spans more than 18 years of

Board regulation of these areas. The Board’s practice has been to update the historical summaries and

bring them forward from one update docket to the next. These summaries now span 14 pages of this

opinion. That is nearly one third of the volume of this individual opinion.

The Board will continue our practice of updating the historical summaries in the opinion of each

successive update docket, since we perceive the summary to be a valuable research tool relating to

these two programs. However, in the interest of conservation of resources, the Board will stop its

practice of bringing forward the entire bulk of the summaries in each new opinion and order. Instead,

the Board will begin to refer to this opinion for the historical summaries up through the date of this

opinion. The opinions in future dockets will direct attention to this opinion for the history up to this date,

then a segment of that opinion will summarize the developments from this date to the date of the

particular opinion.

History of RCRA Subtitle C and State Hazardous Waste Rules Adoption

The Board has adopted and amended the Resource Conservation and Recovery Act (RCRA)

Subtitle C hazardous waste rules in several dockets. The dockets captioned Proposed Regulations for

“RCRA” (Chapter 7 and Chapter 9) (September 16, 1981, and February 4, 1982), R81-22, and

Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18, dealt with the Phase I RCRA

Subtitle C regulations. The Board adopted RCRA Subtitle C Phase II regulations in Parts 703 and 724

in dockets Phase II, RCRA Rules (July 26, 1983), R82-19, and Technical Correction to Phase II

RCRA Rules (December 15, 1983), R83-24. USEPA reviewed and authorized the Illinois Phase I and

Phase II regulations. The entire listing of all RCRA Subtitle C identical-in-substance rulemakings

follows. A listing of federal authorizations of the Illinois program to date, as noticed in the

Federal

Register

, appears at the end of this historical summary of the Illinois hazardous waste program.

R81-22

Proposed Regulations for “RCRA” (Chapter 7 and Chapter 9)

(September 16, 1981, and February 4, 1982), R81-22; published at 6 Ill. Reg.

4828 (April 23, 1982), effective May 17, 1982. (Federal rules and

amendments adopted by USEPA during the period May 18, 1980, through

October 1, 1981.)

R82-18

Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18; published

at 7 Ill. Reg. 2518 (March 4, 1983), effective May 17, 1982. (Federal rules

and amendments adopted by USEPA during the period November 11, 1981,

through June 24, 1982.)

R82-19

Phase II, RCRA Rules (July 26, 1983), R82-19; published at 7 Ill. Reg. 13999

(October 28, 1983), effective October 2, 1983. (Federal rules and

amendments adopted by USEPA during the period November 23, 1981,

through October 29, 1982.)

R83-24

Technical Correction to Phase II RCRA Rules (December 15, 1983), R83-24;

published at 8 Ill. Reg. 200 (January 6, 1984), effective December 27, 1983.

(Corrections to the docket R82-19 rules.)

R84-9

RCRA and UIC Update (June 13 and 27, 1985), R84-9; published at 9 Ill.

Reg. 11964 (August 2, 1985), effective July 8 and 24, 1985. (Federal rules

and amendments adopted by USEPA during the period January 19, 1983,

through April 24, 1984.)

R85-22

RCRA Update (April 24, 1984, through June 30, 1985) (December 20, 1985,

and January 9, 1986), R85-22; published at 10 Ill. Reg. 968 (January 17,

1986), effective January 2, 1986.

R86-1

RCRA Update, USEPA Regulations (July 1, 1985, through December 31,

1985) (July 11, 1986), R86-1; published at 10 Ill. Reg. 13998 (August 22,

1986), effective August 12, 1986.

R86-19

RCRA Update (February 1, 1986, through March 31, 1986) (October 23,

1986), R86-19; published at 10 Ill. Reg. 20630 (December 12, 1986),

effective December 2, 1986.

R86-28

RCRA Update (April 1, 1986, through June 30, 1986) (February 5, 1987;

amended March 5, 1987; corrected April 16, 1987), R86-28; published at 11

On September 6, 1984, the Third District Appellate Court upheld the Board's actions in adopting

R82-19 and R83-24. Commonwealth Edison Co. v. PCB, 127 Ill. App. 3d 446; 468 N.E.2d 1339

(3d Dist. 1984).

Ill. Reg. 6017 (April 3, 1987), effective March 23, 1987; correction published

at 11 Ill. Reg. 8684 (May 1, 1987), effective April 21, 1987.

R86-46

RCRA Update (July 1, 1986, through September 30, 1986) (July 16, 1987),

R86-46; published at 11 Ill. Reg. 13435 (August 14, 1987), effective August 4,

1987.

R87-5

RCRA Update (October 1, 1986, through December 31, 1986) (October 15,

1987), R87-5; published at 11 Ill. Reg. 19280 (November 30, 1987), effective

November 10 and 12, 1987.

R87-26

RCRA Update (January 1, 1987, through June 30, 1987) (December 3, 1987),

R87-26; published at 12 Ill. Reg. 2450 (January 29, 1988), effective

January 15, 1988.

R87-32

Correction to R86-1 (September 4, 1987), R87-32; published at 11 Ill. Reg.

16698 (October 16, 1987), effective September 30, 1987.

R87-39

RCRA Update, USEPA Regulations (July 1, 1987, through December 31,

1987) (June 16, 1988), R87-39; published at 12 Ill. Reg. 12999 (August 12,

1988), effective July 29, 1988.

R88-16

RCRA Update, USEPA Regulations (January 1, 1988, through July 31, 1988)

(November 17, 1988), R88-16; published at 13 Ill. Reg. 447 (January 13,

1989), effective December 28, 1988.

R89-1

RCRA Update, USEPA Regulations (August 1, 1988, through December 31,

1988) (September 13, 1989), R89-1; published at 13 Ill. Reg. 18278

(November 27, 1989), effective November 13, 1989.

R89-9

RCRA Update, USEPA Regulations (January 1, 1989, through June 30, 1989)

(March 8, 1990), R89-9; published at 14 Ill. Reg. 6225 (April 27, 1990),

effective April 16, 1990.

R90-2

RCRA Update, USEPA Regulations (July 1, 1989, through December 31,

1989) (July 3, 1990), R90-2; published at 14 Ill. Reg. 14401 (September 7,

1990), effective August 22, 1990.

R90-11

RCRA Update, USEPA Regulations (April 1, 1990, through June 30, 1990)

(April 11, 1991; corrected May 23, 1991; corrected August 8, 1991;

uncorrected August 22, 1991), R90-11; published at 15 Ill. Reg. 9323

(June 28, 1991), effective June 17, 1991.

R90-17

RCRA Delistings (See below.)

R91-1

RCRA Update, USEPA Regulations (July 1, 1990, through December 31,

1990) (August 8, 1991), R91-1; published at 15 Ill. Reg. 14446 (October 11,

1991), effective September 30, 1991. (Wood Preserving Rules.)

R91-13

RCRA Update, USEPA Regulations (January 1, 1991, through June 30, 1991)

(April 9, 1992), R91-13; published at 16 Ill. Reg. 9489 (June 19, 1992),

effective June 9, 1992. (Boilers and Industrial Furnace (BIF) Rules.)

R91-26

RCRA Wood Preserving compliance Dates (Identical in Substance Rules)

(January 9, 1992), R91-26; published at 16 Ill. Reg. 2600 (February 14,

1992), effective February 3, 1992. (Wood Preserving Rules Compliance

Dates.)

R92-1

RCRA Update, USEPA Regulations (July 1, 1991, through December 31,

1991) (September 17, 1992), R92-1; published at 16 Ill. Reg. 17636

(November 20, 1992), effective November 6, 1992.

R92-10

RCRA Update, USEPA Regulations (January 1, 1992, through June 30, 1992)

(January 21, 1993), R92-10; published at 17 Ill. Reg. 5625 (April 9, 1993),

effective March 26, 1993. (Leak Detection System (LDS) Rules.)

R93-4

RCRA Update, USEPA Regulations (July 1, 1992, through December 31,

1992) (September 23, 1993), R93-4; published at 17 Ill. Reg. 20545

(December 3, 1993), effective November 22, 1993. (Used Oil Rules.)

R93-16

RCRA Update, USEPA Regulations (January 1, 1993, through June 30, 1993)

(March 17, 1994, supplemental opinion and order on April 21, 1994), R93-16;

published at 18 Ill. Reg. 6720 (May 6, 1994), effective April 26, 1994.

R94-7

RCRA Subtitle C Update, USEPA Regulations (July 1, 1993, through

December 31, 1993) (June 23, 1994), R94-7; published at 18 Ill. Reg. 12160

(August 12, 1994), effective July 29, 1994.

R94-17

RCRA Subtitle C Update, USEPA Regulations (January 1, 1994, through

June 30, 1994) (October 20, 1994), R94-17; published at 18 Ill. Reg. 17480

(December 9, 1994), effective November 23, 1994.

R95-6

RCRA Subtitle C Update, USEPA Regulations (July 1, 1994, through

December 31, 1994, January 3, 1995 and May 19, 1995) (Consolidated with

R95-4) (June 1 and 15, 1995), R95-6; published at 19 Ill. Reg. 9501 (July 14,

1995), effective June 27, 1995.

R95-20

RCRA Subtitle C Update, USEPA Regulations (January 1, 1995, through

June 30, 1995; July 7, 1995; September 29, 1995; November 13, 1995;

June 6, 1996) (June 20, 1996), R95-20; published at 20 Ill. Reg. 10929

(August 16, 1996), effective August 1, 1996.

R96-10

RCRA Subtitle C Update, USEPA Regulations (July 1, 1995, through

December 31, 1995) (Consolidated with R97-3 and R97-5) (November 6,

1997), R96-10; published at 22 Ill. Reg. 256 (January 2, 1998), effective

December 16, 1997.

R97-5

RCRA Subtitle C Update, USEPA Regulations (January 1, 1996, through

June 30, 1996) (Consolidated with R96-10 and R97-3) (November 6, 1997),

R97-5; published at 22 Ill. Reg. 256 (January 2, 1998), effective December 16,

1997.

R97-21

RCRA Subtitle C (HW) Update, USEPA Regulations (July 1, 1996, through

December 31, 1996) (Consolidated with R98-3 and R98-5) (August 20,

1998), R97-21; published at 22 Ill. Reg. 17930 (October 9, 1998), effective

September 28, 1998.

R98-5

RCRA Subtitle C Update, USEPA Regulations (January 1, 1997, through

June 30, 1997) (Consolidated with R97-21 and R98-3) (August 20, 1998),

R98-5; published at 22 Ill. Reg. 17930 (October 9, 1998), effective

September 28, 1998.

R98-21

RCRA Subtitle C Update, USEPA Regulations (July 1, 1997, through

December 31, 1997) (Consolidated with R99-2 and R99-7) (December 17,

1998), R98-21; published at 23 Ill. Reg. 1695 (February 5, 1999), effective

January 19, 1999.

R99-2

RCRA Subtitle C Update, USEPA Regulations (January 1, 1998, through

June 30, 1998) (Consolidated with R98-21 and R99-7) (December 17, 1998),

R99-2; published at 23 Ill. Reg. 1695 (February 5, 1999), effective January 19,

1999.

R99-15

RCRA Subtitle C Update, USEPA Regulations (July 1, 1998, through

December 31, 1998) (June 17, 1999), R99-15; published at

23 Ill. Reg.

9094 (August 13, 1999), effective July 26, 1999

R00-5

RCRA Subtitle C Update, USEPA Regulations (January 1, 1999, through

June 30, 1999) (December

2, 1999

), R00-5; published at 24 Ill. Reg. 1063

(January 21, 2000), effective January 6, 2000.

R00-13

RCRA Subtitle C Update, USEPA Regulations (January 1, 1999, through

June 30, 1999) (this Docket.)

The Board added to the federal listings of hazardous waste by listing dioxins pursuant to Section

22.4(d) of the Act:

R84-34

Hazardous Waste Listings and Test Methods for Identification of

Tetrachlorodibenzo-p-Dioxins (November 21, 1984), R84-34; published at 8

Ill. Reg. 24562 (December 21, 1984), effective December 11, 1984.

This was repealed by R85-22, which included adoption of USEPA’s dioxin listings. Section

22.4(d) was repealed by Pub. Act 85-1048, effective January 1, 1989.

The Board has adopted USEPA delistings at the request of Amoco Oil Company, Envirite

Corporation, USX Corporation, and

Conversion Systems, Inc. (CSI)

R85-2

Petition of Amoco Oil Company Amendment to 35 Ill. Adm. Code Part 721,

Appendix I (April 24, 1986), R85-2; published at 10 Ill. Reg. 8112 (May 16,

1986), effective May 2, 1986.

R87-30

Petition for Rulemaking to Adopt Regulations Identical in Substance to federal

RCRA Requirements filed by the Envirite Corporation (June 30, 1988), R87-

30; published at 12 Ill. Reg. 12070 (July 22, 1988), effective July 12, 1988.

R91-12

Delisting Petition for USX Corporation (Identical in Substance Rule)

(December 19, 1991), R91-12; published at 16 Ill. Reg. 2155 (February 7,

1992), effective January 27, 1992.

R95-20

RCRA Subtitle C, USEPA Regulations (January 1, 1995, through June 30,

1995, July 7, 1995, September 29, 1995, November 13, 1995, and June 6,

1996) (June 20, 1996), R95-20; published at 20 Ill. Reg. 10929 (August 16,

1996), effective August 1, 1996.

On April 30, 1990, USEPA authorized Illinois to grant waste delistings. Upon this

authorization, USEPA transferred pending delisting petitions to the Board. The Board docketed these

as site-specific rulemaking proceedings:

R90-18

USX Corporation, Southworks Delisting (Site-Specific) (June 6, 1991), R90-

18. (Dismissed.)

R90-19

Woodward Governor Company Delisting (Site-Specific) (November 8, 1990),

R90-19. (Dismissed.)

R90-23

General Motors Corporation Site-Specific Exception to 35 Ill. Adm. Code

216.381 for Ferrous Foundries in Vermilion County (July 11, 1991), R90-23.

(Dismissed.)

The Board has modified the delisting procedures to allow the use of adjusted standards in lieu of

site-specific rulemakings:

R90-17

RCRA Delistings (February 28, 1991), R90-17; published at 15 Ill. Reg. 7934

(May 24, 1991), effective May 9, 1991.

Waste generators have filed Part 106 adjusted standard petitions for solid waste determinations

with the Board pursuant to Section 720.130:

AS 89-4

In re

Safety-Kleen Corporation, Petition for an Adjusted Standard

(November 15, 1989), AS 89-4. (Dismissed.)

AS 89-5

In re

Safety-Kleen Corporation, Petition for an Adjusted Standard (July 3,

1990), AS 89-5. (Dismissed.)

AS 90-7

In re

Petition of Quantum Chemical Company, USI Division, for an Adjusted

Standard (July 11, 1991), AS 90-7. (Dismissed.)

AS 96-11

In re

Petition of Chemetco, Inc. for an Adjusted Standard (August 1, 1996),

AS 96-11. (Dismissed.)

AS 97-2

In re

Petition of Chemetco, Inc. for an Adjusted Standard (March 19, 1998),

AS 97-2. (Denied.)

AS 97-9

In re

Petition of Recycle Technologies, Inc. for an Adjusted Standard

(September 3, 1998), AS 97-9. (Granted.)

AS 99-3

In re

Petition of Big River Zinc Corporation for an Adjusted Standard

(April 15, 1999), AS 99-3. (Granted.)

AS 00-1

In re

Petition of Horsehead Resource Development Company, Inc. for an

Adjusted Standard (August 5, 1999), AS 00-1. (Dismissed.)

AS 00-2

In re

Petition of Horsehead Resource Development Company, Inc. for an

Adjusted Standard, (February 17, 2000), AS 00-2. (Granted.)

Waste generators have filed Part 106 adjusted standard petitions for hazardous waste delistings

with the Board pursuant to Section 720.122:

AS 91-1

In re

Petition of Keystone Steel & Wire Co. for Hazardous Waste Delisting

(February 6, 1992), AS 91-1. (Granted.)

AS 91-3

In re

Petition of Peoria Disposal Company for an Adjusted Standard

(February 4, 1993), AS 91-3. (Granted.)

AS 93-7

In re

Petition of Keystone Steel & Wire Company for an Adjusted Standard

(February 17, 1994), AS 93-7. (Granted.)

AS 94-10

In re

Petition of Envirite Corporation for an Adjusted Standard (December 14,

1994), AS 94-10. (Granted.)

The Board has procedures to be followed in cases before it involving the RCRA Subtitle C

regulations:

R84-10

RCRA and UIC Procedural Rules (December 20, 1984, and January 10,

1985), R84-10; published at 9 Ill. Reg. 1383 (February 1, 1985), effective

January 16, 1985.

The Board also adopted special procedures to be followed in certain determinations under Part

106. The Board adopted these Part 106 special procedures in RCRA Update (April 24, 1984,

through June 30, 1985) (December 20, 1985, and January 9, 1986), R85-22, and amended them in

RCRA Update (July 1, 1986, through September 30, 1986) (July 16, 1987), R86-46, listed above.

One Part 106 adjusted standard proceeding filed pursuant to 728.106 sought relief from a

prohibition against land disposal:

AS 90-6

In re

Petition of Marathon Petroleum Company for an Adjusted Standard to

Allow Land Disposal of a Waste Prohibited (September 17, 1992), AS 90-6.

(Dismissed.)

Other adjusted standard proceedings sought relief from aspects of the land disposal unit closure

and post-closure care requirements:

AS 90-8

In re

Petition of Olin Corporation for an Adjusted Standard (Related to

Closure and Post Closure of RCRA Regulated Surface Impoundments)

(February 27, 1992), AS 90-8. (Granted.)

AS 91-4

In re

Petition of Amoco Oil Company for an Adjusted Standard (March 11,

1992), AS 91-4. (Granted.)

One adjusted standard proceeding sought relief from a RCRA Subtitle C land disposal

restriction:

AS 90-6

In re

Petition of Marathon Petroleum Company for an Adjusted Standard to

Allow Land Disposal of a Waste Prohibited (September 17, 1992), AS 90-6.

(Dismissed.)

Still another adjusted standard proceeding relates to substantive treatment, storage, and

disposal facility requirements of the RCRA Subtitle C regulations:

AS 91-10

In re

Petition of Cabot Corporation for an Adjusted Standard (May 19, 1994),

AS 91-10. (Dismissed; secondary containment for tanks.)

One adjusted standard proceeding related to the requirements applicable to the contents of the

application for a facility permit under the RCRA Subtitle C regulations:

AS 97-11

In re

Petition of Ensign-Bickford Company for an Adjusted Standard (June 19,

1997), AS 97-11. (Denied; topographic facility map requirement.)

A final adjusted standard filed under 35 Ill. Adm. Code 725.213(e) allowed the continued

operation of a lagoon that had formerly received hazardous waste but which did not comply with the

liner and leachate collection system requirements of 35 Ill. Adm. Code 725.321:

AS 97-3

In re

Shell Wood River Refining Company for an Adjusted Standard (May 15,

1997), AS 97-3. (Granted.)

AS 98-6

In re

Wood River Refining Co., a Division of Equilon Enterprises LLC, f/k/a

Shell Wood River Refining Co., for an Adjusted Standard (March 18, 1999),

AS 98-6. (Granted.)

In another regulatory proceeding, the Board has considered granting temporary relief from the

termination of a hazardous waste listing in the form of an emergency rule:

R91-11

Certain Hazardous Wastes from Primary Zinc Smelting and Refining, 35 Ill.

Adm. Code 721.104(b)(7)(U) (August 8, 1991), R91-11. (Filed by Big River

Zinc Corp.)

The Board has also adopted requirements limiting and restricting the landfilling of liquid

hazardous wastes, hazardous wastes containing halogenated compounds, and hazardous wastes

generally:

R81-25

Proposal for Adoption of Sanitary landfill Regulation, Rule 310: Special

Wastes; Prohibition of Landfilling of Halogenated Solvents filed by Citizens for

a Better Environment (October 25, 1984), R81-25; published at 8 Ill. Reg.

24124 (December 14, 1984), effective December 4, 1984.

R83-28

Definition of Liquid Hazardous Waste (February 26, 1986), R83-28; published

at 10 Ill. Reg. 4875 (March 21, 1986), effective March 7, 1986.

R86-9

Hazardous Waste Prohibitions (Emergency Rule) (October 23, 1986), R86-9;

published at 10 Ill. Reg. 19787 (November 21, 1986), effective November 5,

1986.

The Board’s action in adopting emergency regulations in R86-9 was reversed by the First

District Court of Appeals. Citizens for a Better Environment v. PCB, 152 Ill. App. 3d 105, 504

N.E.2d 166 (1st Dist. 1987).

Pub. Act 90-502, effective August 19, 1997, amended Section 22.23a of the Act to require the

Board to designate high intensity discharge lamps and fluorescent lamps as a category of universal waste

based on a proposal to be filed by the Illinois Environmental Protection Agency (IEPA). The Board

adopted such amendments to the Illinois hazardous waste rules on April 2, 1998, effective April 15,

1998. Amendments of 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733 (Standards For

Universal Waste Management) (April 2, 1998), R98-12.

USEPA periodically reviews the Illinois hazardous waste program. As a result of these reviews,

USEPA has granted Illinois a number of authorizations. The

Federal Register

citations for the

authorizations are listed as follows:

47 Fed. Reg. 21043 (May 17, 1982) (Phase I authorization)

51 Fed. Reg. 3778 (January 30, 1986) (Phase II authorization), effective January 31, 1986

53 Fed. Reg. 126 (January 5, 1988) (partial HSWA authorization), effective March 5, 1988

54 Fed. Reg. 37649 (September 12, 1989) (approvals codified as 40 C.F.R. 272.700 and

272.701), effective November 13, 1989

55 Fed. Reg. 7320 (March 1, 1990), effective April 30, 1990

56 Fed. Reg. 13595 (April 3, 1991), effective June 3, 1991

57 Fed. Reg. 3731 (January 31, 1992), effective March 31, 1992

59 Fed. Reg. 30525 (June 14, 1994), effective August 14, 1994

61 Fed. Reg. 10684 (March 15, 1996), effective May 14, 1996

61 Fed, Reg. 40520 (August 5, 1996), effective October 4, 1996

History of UIC Rules Adoption

The Board has adopted and amended Underground Injection Control (UIC) regulations in

several dockets to correspond with the federal regulations. One such docket, Amendments to Phase I,

RCRA Rules (January 13, 1983), R82-18, was a RCRA Subtitle C docket. The entire listing of all

UIC rulemakings follows:

R81-32

Underground Injection Control Regulations, Waste Disposal (May 13, 1982),

R81-32; published at 6 Ill. Reg. 12479 (October 15, 1982), effective

February 1, 1984.

R82-18

Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18; published

at 7 Ill. Reg. 2518 (March 4, 1983), effective May 17, 1982.

R83-39

Amendment of 35 Ill. Adm. Code 704.122, Underground Injection Control

(December 15, 1983), R83-39; published at 7 Ill. Reg. 17338 (December 20,

1983), effective December 19, 1983. (Amendments adopted by USEPA on

April 1, 1983.)

R85-23

UIC Update, USEPA Regulations (through June 30, 1985) (June 20 and

July 11, 1986), R85-23; published at 10 Ill. Reg. 13274 (August 8, 1986),

effective July 28 and 29, 1986.

R86-27

UIC Update (July 1, 1986, through December 31, 1986) (April 16, 1987),

R86-27. (Dismissed; no USEPA amendments in the update period.)

R87-29

UIC Update, USEPA Regulations (January 1, 1987, through June 30, 1987)

(January 21, 1988), R87-29; published at 12 Ill. Reg. 6673 (April 8, 1988),

effective March 28, 1988.

R88-2

UIC Update, USEPA Regulations (July 1, 1987, through December 31, 1987)

(June 30, 1988), R88-2; published at 12 Ill. Reg. 13700 (August 26, 1988),

effective August 16, 1988.

R88-17

UIC Update, USEPA Regulations (January 1, 1988, through June 30, 1988)

(December 15, 1988), R88-17; published at 13 Ill. Reg. 478 (January 13,

1989), effective December 30, 1988.

R89-2

UIC Update, USEPA Regulations (July 1, 1988, through December 31, 1988,

(January 25, 1990), R89-2; published at 14 Ill. Reg. 3059 (March 2, 1990),

effective February 20, 1990.

R89-11

UIC Update, USEPA Regulations (January 1, 1989, through June 30, 1989)

(May 24, 1990), R89-11; published at 14 Ill. Reg. 11948 (July 20, 1990),

effective July 9, 1990.

R90-5

UIC Update, USEPA Regulations (July 1, 1989, through December 31, 1989)

(March 22, 1990), R90-5. (Dismissed; no USEPA amendments in the update

period.)

R90-14

UIC Update, USEPA Regulations (January 1, 1990, through June 30, 1990)

(May 23, 1991), R90-14; published at 15 Ill. Reg. 11425 (August 9, 1991),

effective July 24, 1991.

R91-4

UIC Update, USEPA Regulations (July 1, 1990, through December 31, 1990)

(February 28, 1991), R91-4. (Dismissed; no USEPA amendments in the

update period.)

R91-16

UIC Update, USEPA Regulations (January 1, 1991, through June 30, 1991)

(December 6, 1991), R91-16. (Dismissed; no USEPA amendments in the

update period.)

R92-4

UIC Update, USEPA Regulations (July 1, 1990, through December 31, 1990)

(April 9, 1992), R92-4. (Dismissed; no USEPA amendments in the update

period.)

R92-13

UIC Update, USEPA Regulations (January 1, 1992, through June 30, 1992)

(February 4, 1993), R92-13; published at 17 Ill. Reg. 6190 (April 16, 199),

effective April 5, 1993.

R93-6

UIC Update, USEPA Regulations (July 1, 1992, through December 31, 1992)

(August 5, 1993), R93-6; published at 17 Ill. Reg. 15641 (September 24,

1993), effective September 14, 1993.

R93-17

UIC Update, USEPA Regulations (January 1, 1993, through June 30, 1993)

(September 23, 1993), R93-17. (Dismissed; no USEPA amendments in the

update period.)

R94-5

UIC Update, USEPA Regulations (July 1, 1993, through December 31, 1993)

(November 3, 1994), R94-5; published at 18 Ill. Reg. 18244 (December 23,

1994), effective December 20, 1994.

R94-24

UIC Update, USEPA Regulations (January 1, 1994, through June 30, 1994)

(October 6, 1994), R94-24. (Dismissed; the Board included the USEPA

amendments that occurred in the update period in RCRA Subtitle C Update,

USEPA Regulations (January 1, 1994, through June 30, 1994) (October 20,

1994), R94-17.

R95-4

UIC Update, USEPA Regulations (July 1, 1994, through December 31, 1994)

(Consolidated with R95-6) (June 1 and 15, 1995), R95-4; published at 19 Ill.

Reg. 9501 (July 14, 1995), effective June 27, 1995.

R95-18

UIC Update, USEPA Regulations (January 1, 1995, through June 30, 1995)

(October 5, 1995), R95-18. (Dismissed; no USEPA amendments in the

update period.)

R96-8

UIC Update, USEPA Regulations (July 1, 1995, through December 31, 1995)

(February 15, 1996, R96-8). (Dismissed; no USEPA amendments in the

update period.)

R97-3

UIC Update, USEPA Regulations (January 1, 1996, through June 30, 1996)

(Consolidated with R96-10 and R97-5) (November 6, 1997), R97-3;

published at 22 Ill. Reg. 256 (January 2, 1998), effective December 16, 1997.

R97-19

UIC Update, USEPA Regulations (July 1, 1996, through December 31, 1996)

(May 1, 1997), R97-19. (Dismissed; no USEPA amendments in the update

period.)

R98-3

UIC Update, USEPA Regulations (January 1, 1997, through June 30, 1997)

(Consolidated R97-21 and R98-5) (August 20, 1998), R98-3; published at 22

Ill. Reg. 17930 (October 9, 1998), effective September 18, 1998.

R98-19

UIC Update, USEPA Regulations (July 1, 1997, through December 31, 1997)

(February 19, 1998), R98-19. (Dismissed; no USEPA amendments in the

update period.)

R99-7

UIC Update, USEPA Regulations (January 1, 1998, through June 3, 1998)

(Consolidated with R98-21 and R99-2) (December 17, 1998), R99-7;

published at 23 Ill. Reg. 1695 (February 5, 1999), effective January 19, 1999.

R99-13

UIC Update, USEPA Regulations (July 1, 1998, through December 31, 1998)

(February 18, 1999), R99-13. (Dismissed; no USEPA amendments in the

update period.)

R00-3

UIC Update, USEPA Regulations (January 1, 1999, through June 3, 1999)

(August 19, 1999), R00-3. (Dismissed; no USEPA amendments in the update

period.)

R00-11

UIC Update, USEPA Regulations (July 1, 1999, through December 31, 1999),

R00-11. (Reserved docket.)

The Board has twice considered an adjusted standard from a UIC land disposal restriction,

pursuant to the procedures outlined above with respect to the RCRA Subtitle C program:

AS 92-8

In re

Petition of Cabot Corporation for Adjusted Standard (February 17,

1994), AS 92-8. (Granted; no migration exception.)

AS 96-3

In re

Petition of Cabot Corporation for Adjusted Standard (March 7, 1996),

AS 92-8. (Granted modification of

In re

Petition of Cabot Corporation for

Adjusted Standard (February 17, 1994), AS 92-8. (No migration exception.))

USEPA authorized the Illinois UIC program on March 3, 1984, at 49 Fed. Reg. 3991

(February 1, 1984); codified that approval as 40 C.F.R. 147, Subpart O, at 49 Fed. Reg. 20197

(May 11, 1984); and amended the authorization at 53 Fed. Reg. 43087 (October 25, 1988) and 56

Fed. Reg. 9414 (March 6, 1991).

Illinois Environmental Protection IEPA or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the program

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 IEPA to consider. In determining the general division of authority between IEPA and

the Board, the following factors should be considered:

Whether the person 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.

Whether there is a clear standard for action such that the Board can give meaningful

review to an IEPA decision.

Whether the action would result in exemption from the permit requirement itself. If so,

Board action is generally required.

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.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify

that the above opinion was adopted on the 18th day of May 2000 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board