ILLINOIS POLLUTION CONTROL BOARD

Nay 20,

1993

IN THE MATTER OF:

)

R93—6

UIC UPDATE,

 USEPA REGULATIONS

)

 (Identical

 in Substance Rules)

(6—1—92 THROUGH 12—31—92)

)

Proposal for Public Comment.

PROPOSED OPINION AND ORDER OF THE BOARD

 (by J. Anderson):

Pursuant to Sections 13(c)

 and 22.4(a)

 of the Environmental

Protection Act

 (Act), the Board adopts amendments to the

Underground Injection Control

 (UIC)

 regulations.

Both Sections 13(c)

 and 22.4(a) provide for quick adoption

of regulations which are “identical

 in substance” to federal

regulations and that Title VII of the Act and Section

 5 of the

Administrative Procedure Act

 (APA)

 shall not apply.

 Because this

rulemaking

 is not subject to Section 5 of the APA,

 it is not

subject to first notice or to second notice review by the Joint

Committee on Administrative Rules

 (JCAR).

 The federal UIC

regulations are found at 40 CFR 144,

 146 and 148.

 This

rulemaking updates UIC rules to correspond with federal

amendments made in the period from July

 1 through December 31,

1992.

 The USEPA actions during this period are as follows:

Federal Action

 Summary

57 Fed. Reg.

31962

 (July 20,

 1992)

 Stay of technical amend-

ment to Third-Third rules

as they relate to newly-

listed wastes.

57 Fed.

 Reg.

37194

 (Aug.

18,

 1992)

 Land disposal restric-

tions for newly-listed

wastes.

57 Fed. Reg.

46292

 (Oct.

7,

 1992)

 Revision of testing and

monitoring requirements.

PUBLIC COMMENTS

The Board will receive public comment on this proposal for a

period of 45 days following its publication

 in the Illinois

Register.

 The Board will delay filing any adopted rules with the

Secretary of State for 30 days after adoption, particularly to

allow USEPA review.

 The complete text of the proposed amendments

follows the discussions of this opinion.

o~42-O68~

2

HISTORY OF RCRA,

 UST and UIC ADOPTION

AGENCY OR

BOARD

ACTION?

EDITORIAL CONVENTIONS

The Board appended three routine discussions at the end of

this opinion.

 The first

 is a summary history of the Illinois

RCRA

and UIC programs.

 It lists all actions taken to adopt and

maintain these programs since their inceptions.

 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 for exemptions,

 exceptions, etc.

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.

DISCUSSION

The three federal actions that underlie this proceeding each

have a distinct impact on the Illinois UIC regulations.

 This

discussion focuses on each by subject matter and the Illinois

Section impacted.

Casing Inspection Logs-—Section 730.168(d) (4)

At 57 Fed. Reg.

46294

 (Oct.

7,

 1992), USEPA amended 40 CFR

146.68(d) (4), which corresponds with 35 Iii. Adm. Code

730.168(d) (4)

 in the Illinois regulations.

 This section sets

forth the requirements for owners or operators of Class

I

hazardous waste injection wells to test the mechanical integrity

of their wells by running casing inspection logs.

 Formerly,

USEPA required these tests every five years.

 The Director could

waive the requirement if factors indicated that the results

of

running the logs would prove unreliable.

 As a result of

a

partial settlement of litigation,

 in NRDC v. EPA,

 No. 88—1657

(D.C. Cir.), USEPA amended these requirements to generally a1lo~q

 the owner or operator to perform the tests as part of a routine

well workover in which the injection string is pulled.

The

federal rule allows the Director of USEPA to waive the

requirement based on the unreliability based on factors relating

to the well.

 USEPA further added the condition that the Director

could waive the requirement based on consideration of

satisfactory results from a log run within the last five years.

It also allows the Director to require owner or operator to run

these logs every five years if there

 is reason to believe that

the integrity of the long string casing of the well may be

adversely affected by naturally—occurring or man—made events.

The Board proposes amendments that follow the federal

amendments very closely.

 We allow the Agency to require the

testing, either during routine workovers or every five

 years,

by

‘

3

permit condition.

 The Agency’s determinations are based on

consideration of the same factors as are enunciated in the

federal rule.

 However,

 for greater clarity, the Board has

subdivided this subsection into smaller subsections.

 Subsection

(d) (1) provides for running the logs during routine workovers,

and subsection

 (d) (2) provides for running them every five years.

Subsection

 (d) (1)

 is further subdivided into two subsections so

that the two bases for waiving the requirements stand out

distinctly.

A deviation from the federal language appears

 in subsection

(d) (2).

 USEPA provided that the Director could require the five-

year testing “if he has reason to believe” there were adverse

effects on the well casing.

 The Board requires the Agency to

“determine that it has reason to believe” there were effects.

We

made this change because Illinois administrative law requires the

Agency to act on established standards.

 See Granite City

Division of National Steel Co.

 v. PCB

 (Apr.

15,

 1993),

No.

72850

(slip op.).

 We believe that requiring the Agency to make a

formal determination that there is reason to believe will satisfy

this requirement.

 We do not feel free to delete the federal

“reason to believe” language due to our experience in another

federal identical-in-substance program.

~

 R91-3, SDWA Update,

PC 12—PC

15.

 If the Board were to delete this language, the

Agency would only be able to require the five-year testing if it

determines that the effect had indeed occurred.

 This would

render the Illinois rules less stringent than the federal

regulations.

The Board

 invites public comment on its approach to Section

730

168 Cd)

(4)

Relaxation of Prohibition of Land Disposal of Diluted Wastes——

Section 738.101(d)

USEPA amended 40 CFR 148.1(d)

 at 57 Fed. Reg.

31963

 (July

20,

 1992).

 This corresponds with 35 Ill. Adm.

 Code 738.101(d)

in

the Illinois UIC regulations.

 The effect of the federal

amendment is to allow the injection of diluted wastes that no

longer exhibit any characteristic of hazardous wastes into Class

I hazardous waste injection wells.

 Formerly, USEPA amended this

provision to allow the injection into Class I nonhazardous waste

injection wells.

 The Board adopted the previous amendments in

docket R92—13.

 In that docket we noted that the federal action

was the subject of federal litigation in Chemical Waste

Management,

 Inc.

 v. EPA

 (1992),

 976 F.2d

2

 (D.C. Cir.).

 We noted

that we are constrained to follow the language of the federal

regulations notwithstanding the federal litigation until USEPA

follows the court’s mandate and amends or repeals its rule.

We

added our usual Board Note indicating the federal litigation and

noting that the rule may be unenforceable as a result.

L~~?~-O683

4

In amending Section 738.101(d),

 the Board follows the

federal amendments.

 We again highlight the earlier discussion of

 the federal litigation and the Board Note that mentions its

possible effect on the rule.

 We feel constrained to follow the

USEPA regulatory lead in this matter.

In adapting the federal requirements to the Illinois

regulations, the Board deviates from the federal structure.

The

federal rule is divided into two paragraphs,

 so that paragraph

(d) (1) relates to Class

 I nonhazardous waste injection wells and

paragraph

 (d) (2) relates to Class

 I hazardous waste injection

wells.

 In R92-l3, the Board had already divided this provision

to highlight the two elements:

(1)

 Class

 I nonhazardous

injection well and

(2)

 exhibiting no hazardous characteristic.

Since federal paragraph

 (d) (2) recites essentially the same

thing,

 except that it relates only to Class

 I hazardous waste

injection wells

 (and reverses the order of the two elements), we

decided not to make this provision more convoluted by further

subdivision.

 Subsection

(d)

 combines both the hazardous and

nonhazardous waste wells so that subsection

 (d) (1)

 recites Class

I hazardous waste injection wells and Class

 I nonhazardous waste

injection wells and subsection

 (d) (2)

 recites the no hazardous

characteristic requirement.

 We added the “Class

 I” reference for

clarity because this is the type of well defined at 35 Ill.

 Adm.

Code 704.106(a)

 (corresponding to 40 CFR 144.6(a)).

The Board invites public comment on our approach to Section

738.101(d).

Prohibitions on Inlection of Newly—Listed Wastes——Section 738.117

USEPA added 40 CFR 148.17 at 57 Fed. Reg.

37263

 (Aug.

18,

1992).

 This new provision is part of the broader rulemaking that

imposed land disposal restrictions for newly listed wastes as

part of the RCRA program.

The

RCRA

aspects of these “land-bans”

is the subject of RCPA update docket R93-4.

 The federal tJIC-only

regulation

 is divided into three subsections..

 Subsection

 (a),

listing 19 wastes,

 includes a prohibition and was effective

November 9,

 1992.

 Subsection

 (b), which lists four additional

wastes, includes a prohibition and will become effective on June

30,

 1995.

 Subsection

(c)

 lists the typical three conditions

under which the prohibitions do not apply:

 (1) the wastes meet

the 40 CFR 268, Subpart D treatment standards (corresponding to

35 Ill. Adm. Code 728.Subpart D),

 (2) the wastes are the subject

of an exemption from a prohibition (corresponding with an

adjusted standard from a prohibition),

or

(3)

 if an extension of

the effective date is granted pursuant to 40 CFR 148.4

(corresponding to 35

 Ill. Adm. Code 738.104).

In adopting the federal requirements to the Illinois UIC

regulations, the Board has followed the federal rules nearly

exactly.

 We reformatted subsections

(a)

and

 (b) to list the

o~t~-QG3L~

S

wastes individually.

 We further kept with our routine practice

and deleted the past effective date of subsection

 (a).

The Board invites public comments on our approach to Section

738

•

117.

HISTORY OF RCRA,

 UST and UIC ADOPTION

The Illinois UIC (Underground Injection Control),

RCRA

(Resource Conservation and Recovery Act)

 and UST (Underground

Storage Tank)

 regulations, together with more stringent state

regulations particularly applicable to hazardous waste,

 include

the following Parts of Title

 35 of the Illinois Administrative

Code:

702

 RCRA

and VIC Permit Programs

703

 RCRI½, Permit Program

704

 UIC Permit Program

705

 Procedures for Permit Issuance

709

 Wastestream Authorizations

720

 General

721

 Identification and Listing

722

 Generator Standards

723

 Transporter Standards

724

 Final TSD Standards

725

 Interim Status TSD Standards

726

 Specific Wastes and Management Facilities

728

 USEPA Land Disposal Restrictions

729

 Landfills:

 Prohibited Wastes

730

 UIC Operating Requirements

731

 Underground Storage Tanks

738

 Hazardous Waste Injection Restrictions

Special provisions for

RCRA

cases are included in Parts

 102,

103,

 104 and 106 of the Board’s procedural rules.

History of RCRA and State Hazardous Waste Rules Adoption

The Board has adopted and amended the Resource Conservation

and Recovery Act

 (RCRA) hazardous waste rules

 in several dockets.

Dockets R81-22 and R82-18 dockets dealt with the Phase I

RCRA

regulations.

 USEPA granted Illinois Phase

 I authorization on May

17,

 1982,

 at 47 Fed. Reg.

 21043.

 The Board adopted RCRA Phase

II

regulations in Parts 703 and 724 in dockets R82-19 and R83—24.

USEPA granted final authorization of the Illinois RCRA “base

program” on January

31,

 1986, at 51 Fed. Reg. 3778

 (January 30,

1986).

 USEPA granted authorization to “Cluster

 I revisions” to

the Illinois program and granted partial Hazardous and Solid

Waste Amendments

 (HSWA)

 (Pub.

L.

 98-616,

 Nov.

8,

 1984)

authorization effective March

5,

 1988, at 53 Fed.

 Reg.

126

(January 5,

 1988).

 USEPA authorized certain subsequent

amendments and granted further partial HSWA authorizations

01L.2-0685

6

effective April

30,

 1990,

at

 55 Fed. Reg.

7320

 (March

1,

 1990),

and June 3,

 1991,

 at 56 Fed. Reg. 13595

 (April

3,

 1991).

 USEPA

codified its approvals of the Illinois program at 40 CFR 272.700

and 272.701 on November 13,

 1989,

at

54

 Fed. Reg.

37649

 (Sep.

12,

1989),

 and on March 31,

 1992,

 at 57 Fed.

 Reg. 3731

 (Jan.

31,

1992).

 The entire listing of all RCRA identical

 in substance

rulemakings follows

 (with the period of corresponding federal

revisions indicated in parentheses):

R81—22

 45 PCB 317,

 September 16,

1981

 & February 4,

 1982;

6 Ill. Reg.

 4828, April

23,

 1982,

 effective May

17,

 1982.

 (5/19/80 through 10/1/81)

P.82—18

 51 PCB

 31, January 13,

 1983;

7

 Ill. Reg.

 2518,

March

4,

 1983, effective May 17,

 1982.

 (11/11/81

 through 6/24/82)

P.82—19

 53 PCB 131,

 July 26,

 1983,

 7 Ill.

 Reg.

 13999,

October 28,

 1983, effective October

2,

 1983.

(11/23/81 through 10/29/82)

P.83—24

 55 PCB 31,

 December 15,

 1983,

 8 Ill. Reg.

 200,

January

6,

 1984, effective December

27,

 1983.

(Corrections to P.82-19)

P.84—9

 64 PCB 427

 & 521, June 13

 & 27,

 1985;

 9 Iii. Reg.

11964, August

2,

 1985,

 effective July

8

 & 24,

1985.

 (1/19/83 through 4/24/84)

P.85-22

 67 PCB 175,

 479, December 20,

 1985 and January

9,

1986;

 10 Ill. Reg.

 968, January

17,

 1986,

effective January

2,

 1986.

 (4/25/84 through

6/30/85)

P.86—i

 71 PCB 110, July 11,

 1986;

 10 Ill. Reg.

 13998,

August 22,

 1986, effective August

12,

 1986.

(7/1/85 through

 1/31/86)

P.86—19

 73 PCB 467, October 23,

 1986;

 10 Ill.

 Reg.

 20630,

December 12,

 1986, effective December

2,

 1986.

(2/1/86 through 3/31/86)

P.86—28

 75 PCB 306, February 5,

 1987; and 76 PCB 195,

March

5,

 1987;

 11 Ill. Reg.

 6017, April

3,

 1987,

effective March 23,

 1987.

 Correction at 77

PCB

235,

 April

16,

 1987;

 11 Ill.

 Reg.

 8684, May 1,

1987,

 effective April

21,

 1987.

 (4/1/86 through

6/30/86)

P.86—46

 79 PCB 676, July 16,

 1987;

 11 Ill. Reg.

 13435,

August 14,

 1987, effective August

4,

 1987.

(7/1/86 through 9/30/86)

.2-0666

7

P.87—5

 82 PCB 391, October

15,

 1987;

 11 Ill.

 Reg.

 19280,

November 30,

 1987,

 effective November

10

 & 12,

1987.

 (10/1/86 through 12/31/86)

P.87—26

 84 PCB 491, December

3,

 1987;

 12 Ill.

 Reg.

 2450,

January 29,

 1988, effective January

15,

 1988.

(1/1/87 through 6/30/87)

P.87—32

 Correction to R86-1;

 81 PCB 163, September 4,

1987;

 11 Ill.

 Reg.

 16698,

 October 16,

 1987,

effective September 30,

 1987.

R87—39

 90 PCB 267, June 16,

 1988;

 12 Ill. Reg.

 12999,

August 12,

 1988, effective July 29,

 1988.

 (7/1/87

through 12/31/87)

R88—16

 93 PCB 513, November 17,

 1988;

 13 Ill. Reg. 447,

January 13,

 1989, effective December 28,

 1988.

(1/1/88 through 7/31/88)

P.89—1

 103 PCB 179, September 13,

 1989;

 13 Ill. Reg.

18278, November 27,

 1989, effective November 13,

1989.

 (8/1/88 through 12/31/88)

R89—9

 109 PCB 343, March

8,

 1990;

 14 Iii. Reg.

 6225,

April

27,

 1990, effective April 16,

 1990.

 (1/1/89

through 6/30/89)

R90—2

 113 PCB 131, July

3,

 1990;

 14 Ill. Reg.

 14401,

September 7,

 1990, effective August 22,

 1990.

(7/1/89 through 12/31/89)

P.90—il

 121 PCB 97, April ii,

 1991; corrected at 122 PCB

305, May 23,

 1991; corrected at 125 PCB 117,

August

8,

 1991; uncorrected at 125 PCB 435, August

22,

 1991;

 15 Ill. Reg.

 9323, effective June 17,

1991.

 (Third Third Land Disposal Restrictions)

(4/1/90 through 6/30/90)

R90-17

 Delisting Procedures

 (See below)

R91—i

 125 PCB 119, August 8,

 1991;

 15 Ill. Reg.

 14446,

effective September 30,

 1991.

 (Wood Preserving

Rules)

 (7/1/90 through 12/30/90)

R91—l3

 132 PCB 263, April

9,

 1992;

 16 Ill. Reg.

 9489,

effective June 9,

 1992.

 (Boilers and Industrial

Furnaces (BIFs)

 Rules)

 (1/1/91 through 6/30/91)

P.91—26

 129 PCB 235, January

9,

 1992;

 16 111. Reg.

 2600,

effective February

3,

 1992.

 (Wood Preserving

Rules Compliance Dates)

01 t~.2-O637

8

P.92—i

 September

17,

 1992;

 16 Ill. Peg.

 17636, effective

November

6,

 1992.

 (7/1/91 through 12/31/91)

R92—10

 January 21,

 1993;

17

 Ill. Peg.

 5625,

effective

March 26,

 1993.

 (Leak Detection Systems

 (LDS)

Rules)

 (1/1/92 through 6/30/92)

P.93-4

 Next RCRA Docket.

 (7/1/92 through 12/31/92)

On September

6,

 1984, the Third District Appellate Court

upheld the Board’s actions in adopting R82-l9 and R83—24.

(Commonwealth Edison Co.

v.

 PCB,

 127 Ill.

 App.

 3d 446; 468 N.E.2d

1339

 (3d Dist.

 1984).)

The Board added to the federal listings of hazardous waste

by listing dioxins pursuant to Section 22.4(d)

 of the Act:

R84—34

61

PCB

247, November 21,

 1984;

 8 Ill. Reg.

 24562,

December 21,

 1984,

 effective December 11,

 1984.

This was repealed by P.85—22,

 which included adoption of

USEPA’s dioxin listings.

 Section 22.4(d)

 was repealed by P.A.

85—1048, effective January

1,

 1989.

The Board has adopted USEPA delistings at the request of

Amoco and Envirite (the date of the corresponding federal action

is included in parentheses):

P.85—2

 69 PCB 314, April

24,

 1986;

 10 Ill. Reg.

 8112, May

16,

 1986,

 effective May

2,

 1986.

 (9/13/85)

P.87—30

 90 PCB 665, June 30, 1988;

12

 Ill.

 Reg.

 12070,

July 22,

 1988,

 effective July 12,

 1988.

(11/14/86)

P.91—12

 128 PCB 369, December 19,

 1991;

 16 Ill. Reg.

 2155,

effective January 27,

 1992.

 (USX)

Subsequently, upon the April

30,

 1990 federal authorization

of Illinois

granting waste delistings, USEPA transferred pending

delisting petitions to the Board.

 The Board docketed these as

site-specific rulemaking proceedings

 (the name of the petitioner

waste generator appears

 in parentheses):

R90—18

 Dimissed at 123 PCB 65, June

6,

 1991.

 (USX Corp,

South Works)

P.90—19

 Dismissed at 116 PCB 199, November

8,

 1990.

(Woodward Governor Co.)

P.90—23

 Dismissed at

124 PCB 149, July 11,

 1991.

(Keystone Steel

 & Wire Co.)

OJL~.2-0688

9

The Board has modified the delisting procedures to allow the

use of adjusted standards

 in lieu of site—specific rulemakings:

P.90—17

 119 PCB 181, February 28,

 1991;

 15 Iii. Reg.

 7934,

effective May 9,

 1991.

Waste generators have filed Part 106 adjusted standards

petitions for solid waste determinations with the Board pursuant

to Section

720.130

 (generator name in parentheses):

AS89—4

 Dismissed at 105 PCB 269, November

15,

 1989.

(Safety—Kieen Corp.)

AS89—5

 Dismissed at

 113 PCB 111, July

3,

 1990.

 (Safety—

Kleen Corp.)

AS9O—7

 Dismissed at

 124 PCB 125, July

11,

 1991.

 (Quantum

Chemical Co.)

The Board has granted hazardous waste delistings by

way of

adjusted standards

 (generator name in parentheses):

AS91-1

 130 PCB 113, February

6,

 1992.

 (Keystone Steel

and Wire Co.)

AS91—3

 February 4,

 1993;

 opinion issued March

11,

 1993.

(Peoria Disposal Co.)

The Board has procedures to

be followed

 in cases before it

involving the

RCRA

regulations:

P.84—10

 62 PCB 87,

 349,

 December 20,

 1984 and January 10,

1985;

 9 111.

 Reg.

 1383,

 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 P.85—22

and amended them in P.86—46,

listed above.

One Part

106 adjusted standard proceeding filed pursuant to

728.106 sought relief from a prohibition against land disposal

(petitioner’s name in parentheses):

AS9O-6

 Dismissed September

17,

 1992.

 (Marathon Petroleum

Co.)

Other adjusted standard proceedings sought delayed closure

of land disposal units

 (petitioners’ names in parentheses):

AS9O-8

 130 PCB 349, February 27,

 1992.

 (Olin Corp.)

L~2-0689

AS91—4

 131 PCB 43, March 11,

 1992.

 (Amoco Oil Co.)

Still

 another adjusted standard proceeding relates to

substantive physical requirements of the RCRA regulations:

AS91—10

 Presently pending.

 (Cabot Corp.)

In another regulatory proceeding, the Board has considered

granting temporary relief from the termination of an exclusion of

a hazardous waste listing in the form of an emergency rule

(Petitioner’s name in parentheses):

R91—11

 Presently pending.

 (Big River Zinc Corp.)

The Board has also adopted requirements limiting and

restricting the landfiiling of liquid hazardous wastes, hazardous

wastes containing halogenated compounds,

 and hazardous wastes

generally:

P.81—25

 60 PCB 381,

 October

25,

 1984;

 8 Ill.

 P.eg.

 24124,

December 14,

 1984,

 effective December

4,

 1984.

R83—28

 68 PCB 295,

 February 26,

 1986;

 10 Ill. Reg. 4875,

March 21,

 1986,

 effective March

7,

 1986.

P.86—9

 Emergency regulations adopted at 73 PCB 427,

October 23,

 1986;

 10 Ill.

 P.eg.

 19787, November 21,

1986, effective November 5,

 1986.

The Board’s action in adopting emergency regulations in

 P.86-

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).)

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,

 P.82-18, was a RCRA

docket.

 USEPA authorized the Illinois UIC program on February 1,

1984,

at

49

 Fed.

 Reg.

 3991.

 The entire listing of all UIC

rulemakings follows

 (with the period of corresponding federal

revisions indicated in parentheses):

P.81—32

 47 PCB 93, May 13,

 1982;

 6 Ill. Reg.

 12479,

October

15,

 1982,

 effective February 1,

 1984.

(7/7/8.

 through 11/23/81)

P.82—18

 51 PCB 31, January 13,

 1983;

7

 Ill. Reg.

 2518,

March

4,

 1983, effective May 17,

 1982.

 (11/11/81

through 6/24/82)

~‘i

11

R83—39

 55 PCB 319, December

15,

 1983;

 7 Ill.

 Reg.

 17338,

December 20,

 1983,

 effective December 19,

 1983.

(4/1/83)

R85—23

 70 PCB 311

 & 71 PCB 108, June 20

 & July 11,

 1986;

10

 Ill.

 Reg.

 13274, August

8,

 1986,

 effective July

28

&

29,

 1986.

 (5/11/84 through 11/15/84)

P.86—27

 Dismissed at 77

PCB

234, April

16,

 1987.

(No

USEPA amendments through 12/31/86).

P.87—29

85

PCB

307, January 21,

 1988;

 12 Ill.

 Reg.

 6673,

April

8,

 1988,

 effective March 28,

 1988.

 (1/1/87

through 6/30/87)

P.88—2

 90 PCB 679, June 30,

 1988;

 12 Ill. Reg.

 13700,

August 26,

 1988,

 effective August

16,

 1988.

(7/1/87 through 12/31/87)

P.88—17

 94 PCB 227, December 15,

 1988;

 13 Ill. Reg.

 478,

January 13,

 1989,

 effective December 30,

 1988.

(1/1/88 through 6/30/88)

P.89—2

 107 PCB 369, January 25,

 1990;

 14 Ill. Beg.

 3059,

March

2,

 1990,

 effective February 20,

 1990.

(7/1/88 through 12/31/88)

R89—ll

 lii PCB 489, May 24,

 1990;

 14 Ill.

 Beg.

 11948,

July 20,

 1990,

 effective July 9,

 1990.

 (1/1/89

through 11/30/89)

P.90—S

 Dismissed at 109 PCB 627, March 22,

 1990.

(No

USEPA amendments 12/1/89 through 12/31/89)

P.90—14

 122 PCB 335, May 23,

 1991;

 15 Ill.

 Beg.

 11425,

effective July 24,

 1991.

 (1/1/90 through 6/30/90)

P.91—4

 Dismissed at

119 PCB

219, February 28,

 1991.

(No

tJSEPA amendments 9/1/90 through 12/31/90)

P.91—16

 Dismissed at

128 PCB

229, December

6,

 1991.

(No

USEPA amendments 1/1/90 through 6/30/91)

P.92—4

 Dismissed at 133 PCB 107, April

9,

 1992.

(No

USEPA amendments 7/1/91 through 12/31/91)

P.92—13

 February

4,

 1993;

 17 Ill.

 Reg.

 6190,

 effective

April

5,

 1993.

 (1/1/92 through 6/30/92)

R93—6

 This Docket.

 (7/1/92 through 12/31/92)

~2-O69I

12

In one proceeding filed,

 a petitioner seeks an adjusted

standard from a UIC land disposal restriction, pursuant to the

procedures oulined above with respect to the RCRA program

 (petitioner name in parentheses):

P.92-S

 Presently pending.

 (Cabot Corp.)

AGENCY OR BOARD ACTION?

Section 7..2(a)(5)

 of the Act requires the Board to specify

which decisions USEPA will retain.

 In addition, the Board is to

specify which State agency is to make decisions,

 based on the

general division of functions within the Act and other Illinois

statutes.

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 a few instances in identical in substance rules,

decisions are not appropriate for Agency action pursuant to a

permit application.

 Among the considerations

 in determining the

general division of authority between the Agency and the Board

are:

1.

 Is the person making the decision applying a Board

regulation,

 or taking action contrary to

 (“waiving”)

 a Board

regulation?

 It generally takes some form of Board action to

“waive”

 a Board regulation.

2.

 Is there

 a clear standard for action such that the

Board can give meaningful review to an Agency decision?

3.

 Does the action result in exemption from the permit

requirement itself?

 If so, Board action is generally

required.

4.

 Does the decision amount 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 decision:

 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).

 Note

that there often are differences in the nomenclature for these

decisions between the USEPA and Board regulations.

L~.2-O692

13

EDITORIAL

CONVENTIONS

As

 a final note,

 the federal rules have been edited to

establish a uniform usage throughout the Board’s regulations.

For

example,

with

respect

“shall”,

“will”,

and

“may”

 “shall”

is

used

when

the

subject

sentence

 has 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”.

ORDER

The

Board

hereby

proposes

the

following

 amendments to the

Illinois

UIC

regulations

Sections

730.168,

738.101,

and

738.117.

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

UNDERGROUND

INJECTION

CONTROL

AND

UNDERGROUND

STORAGE

TANK

PROGRAMS

PART

730

UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS

SUBPART A:

 GENERAL

Section

730.101

730.102

730.103

730.

104

730.105

730.106

730.107

730.108

730.109

730.110

Section

730.111

730.112

730.113

730.114

Section

Applicability,

 Scope and Effective Date

 Laws Authorizing Regulations

Definitions

Criteria for Exempted Aquifers

Classification of Injection Wells

Area of Review

Corrective Action

Mechanical Integrity

Criteria for Establishing Permitting Priorities

Plugging and Abandoning Class I and III Wells

SUBPART

B:

 CRITERIA

AND

STANDARDS APPLICABLE

TO CLASS

 I NON-HAZARDOUS WELLS

Applicability

Construction Requirements

Operating, Monitoring and Reporting Requirements

Information to be Considered by Agency

SUBPART

CRITERIA

 AND STANDARDS

APPLICABLE

CLASS

WELLS

‘)

n

‘•—

r~

730.121

 Adoption of Criteria and Standards Applicable to Class

II Wells by the Illinois Department of Mines and

Minerals

Section

730.131

730.132

730.133

730.

134

Section

730.151

730.152

SUBPART D:

 CRITERIA

AND

STANDARDS APPLICABLE

CLASS

III

WELLS

Applicability

Construction

Requirements

 Operating, Monitoring and Reporting Requirements

Information

Considered

the

Agency

SUBPART

CRITERIA

AND

STANDARDS

APPLICABLE

CLASS

INJECTION

WELLS

Applicability

Inventory

and

Assessment

SUBPART

CRITERIA

AND

STANDARDS

APPLICABLE’

CLASS

HAZARDOUS

WELLS

Section

730.

161

730. 162

730. 163

730. 164

730. 165

730. 166

730.167

730.168

730. 169

730.170

730.171

730.172

730.173

Applicability

and

Definitions

Minimum Criteria for Siting

Area of Review

Correction Action for Wells

 in the Area

 of Review

Construction P.equirements

Logging,

 Sampling and Testing Prior to New Well

Operation

Operating Requirements

Testing and Monitoring Requirements

Reporting Requirements

Information to be Evaluated by the Director

Closure

Post—Closure Care

Financial Responsibility for Post-Closure Care

AUTHORITY:

 Implementing Sections 13 and 22.4 and authorized by

Section 27 of the Environmental Protection Act (Ill.

 Rev.

 Stat.

1987 and 1988 Supp.

ch.

 111 1/2, pars.

 1013,

 1022.4 and 1027).

SOURCE:

 Adopted in R81—32,

 47 PCB 93,

 at 6

 Ill. Reg.

 12,479,

effective as, noted in 35 Ill.

 Adin.

 Code 700.106; amended in P.82—

19,

 53 PCB 131 at

7

 Ill.

 Beg.

 14426 effective as noted in 35 Ill.

Adm.

 Code 700.106; recodified at 10 Ill.

 Reg.

 14174; amended in

R89—2

at

14

 Ill. Beg.

 3130, effective February 20,

 1990; amended

in P.89—il at

14

Ill.

 Reg.

 effective

u b

9 ~

SUBPART

CRITERIA

AND

 STANDARDS APPLICABLE TO CLASS

I

HAZARDOUS WELLS

Section

730.168

Testing

and

Monitoring

Requirements

Testing

and

monitoring

requirements

shall

minimum

include:

Monitoring

the

injected

wastes.

1)

 The owner or operator shall develop and follow an

approved written waste analysis plan that

describes the procedures to be carried out to

 obtain

 a detailed chemical and physical analysis

of a representative sample of the waste,

 including

the quality assurance procedures used.

 At a

minimum,

 the plan shall specify:

A)

 The parameters for which the waste will be

analyzed and the rationale for the selection

of these parameters;

B)

 The test methods that will be used to test

for these parameters;

and

C)

 The sampling method that will be used to

obtain a representative sample of the waste

to be analyzed.

2)

 The owner or operator shall repeat the analysis of

the injected wastes as described in the waste

analysis plan at frequencies specified in the

waste analysis plan and when process or operating

changes occur that may significantly alter the

characteristics of the waste stream.

The

owner

operator

shall

conduct

continuous

periodic

monitoring

selected

parameters

required

 permit condition.

4)

 The owner or operator shall assure that the plan

remains accurate and the analyses remain

representative.

b)

 Hydrogeologic compatibility determination.

 The owner

or operator shall submit information demonstrating that

the wastestream and its anticipated reaction products

 will not alter the permeability, thickness or other

relevant characteristics of the confining or injection

zones such that they would no longer meet the

requirements specified in Section 730.162.

c)

 Compatibility of well materials.

(

L~-’Jb95

1)

 The owner or operator shall demonstrate that the

waste

stream

will

compatible

with

the

well

materials

with

which

 the waste is expected to come

into

contact,

and

submit

the

 Agency a

description

the

methodology

used

make

 that

determination.

Compatibility

 for the purposes of

this

requirement

established

 if contact with

injected fluids will not cause the well materials

to fail to satisfy any design requirement imposed

under Section 730.165(b).

2)

 The Agency shall require continuous corrosion

monitoring

 of the construction materials used in

the well for wells injecting corrosive waste, and

may require such monitoring for other wastes,

by:

A)

 Placing coupons of the well construction

materials

 in contact with the waste stream;

Routing

the

waste

stream

through

loop

constructed with the material used in the

well;

C)

 Using an alternative method approved by

permit condition.

3)

 If a corrosion monitoring program is required:

A)

 The test must use materials identical to

those used in the construction of the well,

and such materials must be continuously

exposed to the operating pressures and

temperatures

 (measured at the well head)

and

flow rates of the injection operation; and

B)

 The owner or operator shall monitor the

materials for loss of mass,

 thickness,

cracking, pitting and other signs of

corrosion on a quarterly basis to ensure that

the well components meet the minimum

standards for material strength and

performance set forth in Section 730.165(b).

d)

 Periodic mechanical integrity testing.

 In fulfilling

the requirements of Section 730.108, the owner or

operator of

 a Class

 I hazardous waste injection well

shall conduct the mechanical integrity testing as

follows:

1)

 The long string casing, injection tube,

and

annular seal must be tested by means of an

.“

—

17

approved pressure test with a liquid or gas

annually

and

whenever

there

has

been

well

workover;

The

bottom—hole

cement

must

 tested by means of

approved

radioactive

tracer

survey

annually;

approved

temperature,

noise,

other

approved

log

must

run

 least once every five years to

test

for

 movement of fluid along the borehole.

The Agency may require such tests whenever the

well

worked

over;

Running

casing

inspection

logs.

Casing

inspection

logs

must

run

lca~t

once

cvcry

five

ycarswhenever

the

owner

operator

conducts

workover

which

the

inlection

string

pulled,

unless

the

Agency

by

permit zpccificsallows otherwise~

jj~.

 due to well construction or other

factors whichthat limit the test’s

reliability,

or

£jJ.

 based on the satisfactory results of

a

casing

inspection

 log run within the

five

years.

.~J

The

Agency

may

reciuire

 permit that the

owner or operator run a casing inspection log

if

 it determines that it has reason to

believe that the integrity of the long string

casing of the well may be adversely affected

by naturally—occurring or man—made events

and

Any

other

test

specified

 by permit condition in

accordance

with

the

procedures

Section

730.108(d)

 may also be used.

e)

 Ambient Monitoring.

1)

 Based on a site—specific assessment of the

potential for fluid movement from the well or

injection zone,

 and on the potential value of

monitoring wells to detect such movement, the

Agency shall require the owner or operator to

develop a monitoring program.

 At a minimum, the

Agency shall require monitoring of the pressure

buildup in the injection zone annually,

 including

at a minimum,

 a shut down of the well for a time

sufficient to conduct a valid observation of the

pressure fall—off curve.

2)

 When prescribing

 a monitoring system the Agency

may also require:

A)

 Continuous monitoring for pressure changes in

the first aquifer overlying the confining

zone.

 When such a well

 is installed, the

owner or operator shall,

 on a quarterly

basis,

 sample the aquifer and analyze for

constituents specified by permit condition;

B)

 The use of indirect, geophysical techniques

to determine the position of the waste front,

the water quality in a formation designated

by permit condition,

 or to provide other

site-specific data;

C)

 Periodic monitoring of the groundwater

quality

 in the first aquifer overlying the

injection zone;

D)

 Periodic monitoring of the ground water

quality in the lowermost USDW;

E)

 Any additional monitoring necessary to

determine whether fluids are moving into or

between USDW5; and

F)

 The Agency may require seismicity monitoring

when it has reason to believe that the

injection activity may have the capacity to

cause seismic disturbances.

BOARD NOTE: Derived from 40 CFR 146.68

(1992),

 as ad~~dedat

 532~.Fed. Reg.

2815146294,

 July 26October

 7, l9&&~.

(Source:

 Amended at 17 Ill. Beg.

_________,

 effective

___________,

1993)

OR2-0~98

19

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

UNDERGROUND

INJECTION

CONTROL

AND

 UNDERGROUND

STORAGE

TANK

PROGRAMS

PART

738

HAZARDOUS

WASTE

INJECTION

RESTRICTIONS

SUBPART

GENERAL

Section

738.101

738. 102

738.103

738.104

738.105

Purpose Scope and Applicability

Definitions

Dilution Prohibited as a Substitute for Treatment

Case—by—Case Extensions of an Effective Date

Waste Analysis

SUBPART

B:

 PROHIBITIONS ON INJECTION

Section

738. 110

738.111

738.

112

738.114

738.

115

738.

116

148.

117

Waste Specific

Waste Specific

 Waste Specific

Waste Specific

Waste Specific

Waste Specific

W~st~-Soec~i

fIc

Prohibitions

Prohibitions

Prohibitions

Prohibitions

Prohib~itions

Solvent

Wastes

 Dioxin-Containing Wastes

 California List Wastes

 First Third Wastes

 Second Third Wastes

 Third Third Wastes

 Newly-Listed Wastes

SUBPART

C:

 PETITION

 STANDARDS

AND

PROCEDURES

Section

738.120

738.

121

738.122

738.123

738.124

Petitions to Allow Injection of a Prohibited Waste

Required Information to Support Petitions

Submission, Review and Approval or Denial of Petitions

Review of Adjusted Standards

Termination of Adjusted Standards

AUTHORITY:

 Implementing Section 13 and 22.4 and authorized by

Section 27 of the Environmental Protection Act

 (Ill.

 Rev.

 Stat.

1991,

 ch. ill 1/2, pars.

 1013,

 1022.4 and 1027)

415

 ILCS 5/13,

22.4 and 27.

SOURCE:

 Adopted in R89—2

at

 14 Ill. Beg.

 3059, effective

February 20,

 1990; amended in R89-11 at 14 Ill. Reg.

 11948,

effective July 9,

 1990; amended in P.90—14 at

 15 Ill. Reg.

 11425,

effective July 24,

 1991; amended in R92—l3 at

 17 Ill. Beg.

 6190,

effective April

5,

 1993;

 amended in R93—6 at 17

 Ill.

 Beg.

_________

 effective

 1993.

L~.2-0599

20

SUBPART

GENERAL

Section 738.101

 Purpose Scope and Applicability

This

Part

 identifies hazardous wastes that are

restricted from disposal into Class

hazardous

waste

injection

wells

and

defines

those

circumstances

under

which

waste,

otherwise

prohibited

from

injection,

may

injected.

The

requirements

this

Part

apply

 owners or

operators of Class

 I hazardous waste injection wells

used to inject hazardous waste.

c)

 Wastes otherwise prohibited from injection may continue

to be injected:

1)

 If an extension from the effective date of

a

prohibition has been granted pursuant to Section

738.104; or

2)

 If an adjusted standard has been granted in

response to a petition filed under Section

738.120; or

3)

 If the waste is generated by a conditionally

exempt small quantity generator,

 as defined in 35

Ill. Adm. Code 721.105.

d)

 Wastes that are hazardous only because they exhibit a

hazardous characteristic,

 and which are otherwise

prohibited from injection under this Part,

 are not

prohibited

from

injection

the

wastes:

1)

 Are disposed into a Class

nonhazardous

waste

injection

well

Class

hazardous

waste

injection

well,

 such are defined under 35

Ill.

Adm. Code 730.106(a);

and

2)

 Do not exhibit any prohibited characteristic of

hazardous waste identified in 35 Ill. Adm. Code

72l.Subpart C at the point of injection.

BOARD NOTE:

 The exemption for injection of

diluted hazardous waste in this subsection ~swas

the subject of pending litigation in Chemical

Waste Management et al.

v.

 USEPA,

 976 F.2d

2

 (D.C.

Cir.

 1992)

 (USEPA reversed significant in Dart)T

decided Ccptcmbcr 25,

 1092,

 in the

U.S.

Court of

Appcalo for the District of Columbia.

 This

litigation may result in the repeal or

modification of 40 CFR 148.1(d), from which this

L~2-07O0

subsection is derived.

 The Board views any

federal

court

decision

the

effectiveness

enforceability

the

USEPA

rule

binding

this

subsection.

BOARD

NOTE:

Derived

from

CFR

148.1

(199~Z),

amended

Fed.

Reg.

808331963

(July

20,

March

47—1992j.

(Source:

Amended

Ill.

Beg.

_________,

effective

1993)

SUBPART

PROHIBITIONS

INJECTION

Section

148.117

 Waste-Specific Prohibitions

Newly-Listed

Wastes

The

wastes

specified

Ill.

Adm.

Code

721.Subpart

the

following

EPA

Hazardous

Waste

numbers

are

prohibited

from

underground

injection:

F037

F038

K107

1108

1109

1110

Kill

K112

K117

Ki18

K123

K124

K125

1126

K131

1136

U328

U353

U359

j~j

 Effective June 30,

 1995, the wastes specified in

35

Ill._Adm.

 Code 721.Subpart D by the following EPA

Hazardous Waste numbers are prohibited from underground

injection:

1117

1118

1131

1132

1 L~.2-070

22

~j

 The requirements of subsections

(a)

and

(b)

 above do

not

apply:

fl

the

wastes

meet

 are treated to meet the

applicable

standards

 specified in

Ill.

Adm.

Code

728.Subpart

21

adjusted

standard

has

been

granted

response

petition

under

Subpart

this

Part;

~j

During

the

period

 extension of the applicable

effective date,

 if an extension is granted under

Section 738.104.

BOARD NOTE:

 Derived from 40 CFR 148.17, as added

at

57

Fed.

 Req.

37263

 (Aug.

18,

 1993).

(Source:

 Added at

17

Ill. Beg

 effective

1993)

ORDERED.

Dorothy

Gunn,

Clerk

 of the Illinois Pollution Control

Board,

hereby

certify

that

the

above

opinion

and

order

was

adopted

the

______________

day

7h

~-~-i

1993, by a vote of

.~,

—o

/~

‘-~,

 ~)~~_7

~

Dorothy M.

 G.uI?n,

 Clerk

Illinois Po1~itionControl Board

‘p

—

-‘