ILLINOIS POLLUTION CONTROL BOARD
    November 19,
    1992
    IN THE MATTER OF:
    )
    )
    RCRA
    UPDATE, USEPA REGULATIONS
    )
    R92-10
    (1/1/92
    —
    6/30/92)
    )
    (Identical in Substance
    Rules)
    ~
    USEPA CORRECTION OF OCTOBER 30.
    1992
    ORDER OF THE BOARD
    (by 3. Anderson):
    The Board adopted a proposed opinion and order in this RCRA
    update docket on October 16, 1992.
    The proposed rules appeared
    in the Illinois Register on November
    6,
    1992,
    at 16
    Ill. Reg.
    16770.
    Public comment is due by December 21,
    1992.
    The R92-10 proposal presently includes a new Section
    721.103(e), which adds an April 28,
    1993,
    “sunset provision” for
    the “mixture and derived from” rules in Sections 721.103(a) (2) (D)
    and
    (c) (2) (A).
    This was derived from 40 CFR 261.3(e), which was
    added at 57
    Fed.
    Reg.
    7632 and 23063, March
    3 and June
    1,
    1992.
    However, USEPA has repealed the sunset provision at 57 Fed. Reg.
    49278,
    October 30,
    1992.
    If the Board were to delay proposing the repeal of the
    sunset provision until the next update docket dealing with USEPA
    actions between July
    1 and December 31,
    1992,
    it
    would risk being
    unable to take final action until after April
    28,
    1993.
    This
    could result in a temporary, but major difference between the
    USEPA and Board rules.
    Section 7.2 of the Environmental Protection Act limits
    identical in substance batch periods to no more than six months.
    The October 30,
    1992, repeal of the sunset provision is outside
    the batch period for R92-10, which began on January 2,
    1992.
    However, the Board frequently addresses USEPA corrections with
    the original adoption of the equivalent rule,
    even if the
    corrections fall outside the batch period.
    The Board does not
    construe Section 7.2 as requiring it to adopt incorrect USEPA
    rules pending the proper batch period.
    Ol37-Ol~97
    2
    Therefore,
    the Board intends to drop proposed Section
    721.103(e)
    in this R92-10 proceeding.
    Please note that this
    order will not extend the public comment period discussed above.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boa~,hereby cer~ifythat the above order was adopted on the
    /~f~—
    day of
    /7i-?~-~--~’-~’-_-,
    1992,
    by a vote of
    7~
    /~
    /
    ~
    I
    /
    ‘~—~Dorothy
    N. ~.mnn,Clerk
    Illinois Poi’lution Control Board

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