ILLINOIS POLLUTION CONTROL BOARD
May 23,
1991
IN THE MATTER OF:
)
R90—14
tJIC UPDATE,
USEPA REGULATIONS
)
(Identical
in Substance Rules)
(1—1—90 THROUGH 8—31—90)
)
FINAL ORDER.
ADOPTED RULE.
ORDER OF THE BOARD
(By
3.
Anderson):
Pursuant to Sectio.~
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 more fully outlined in the accompanying Opinion.
This Order is supported by an Opinion adopted on the same
day.
The Board received public comment on the proposal for a
period of 45 days following its publication in the Illinois
Register.
The Board will delay Illinois Register publication of
the adopted rules to allow USEPA review before they are filed and
become effective.
The complete text of the adopted amendments
follows.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board
h9reby certify that the above Order was adopted on the.
_________
day. of ______________________,
1991, by a vote of
-
.
Dorothy N. ~(inn,Clerk
Illinois Pó~lutionControl Board
122—335
2
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER d:
UNDERGROUND INJECTION CONTROL AND UNDERGROUND
STORAGE
TANK
PROGRAMS
PART
738
HAZARDOUS
WASTE
INJECTION
RESTRICTIONS
SUBPART A:
GENERAL
Se~ction
78.101
738.102
73~8.103
73~8.104
738.105
Section
738.110
Waste
73;8.111
Waste
73~8.1l2
Waste
73~8.114
Waste
73;8.115
Waste
73:8.116
Waste
SUBPART C:
PETITION STANDARDS AND PROCEDURES
Section
73:8.120
Petitions to Allow Injection of a Prohibited Waste
73~8.l21
Required Information to Support Petitions
73S.122
Submission, Review and Approval or Denial of Petitions
738.123
Review of Adjusted Standards
73~8.l24
Termination of Adjusted Standards
ATYTHORITY:
Implementing Section
13 and 22.4 and authorized by
Section 27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
19~87, ch. 111 1/2, pars.
1013,
1022.4 and 1027).
SOURCE:
Adopted in R89—2 at 14
Ill. Reg.
3059,
effective
February 20,
1990;
amended in R89—ll at
14 Ill. Reg.
11948,
effective July 9,
1990;
amended in R90-l4 at 15 Ill. Req.
effective
SUBPART A:
GENERAL
Section 738.101
Purpose Scope and Applicability
a)
This Part identifies hazardous wastes that are
restricted from disposal into Class
I hazardous waste
injection wells and defines those circumstances under
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
Specific Prohibitions
—
Solvent Wastes
Specific Prohibitions
—
Dioxin-Containing Wastes
Specific Prohibitions
—
California List Wastes
Specific Prohibitions
—
First Third Wastes
Specific Prohibitions
-
Second Third Wastes
Specific Prohibitions
-
Third Third Wastes
122—336
3
wtiich a waste,
otherwise prohibited from injection, may
be injected.
b)
The requirements of this Part apply to 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.
~j
Wastes that are hazardous only because they exhibit a
hazardous characteristic,
and which are not otherwise
prohibited from injection under this Part,
are not
prohibited from injection
if the wastes:
fl
Are disposed into
a nonhazardous or hazardous
waste injection well defined under 35 Ill. Adm.
Code 730.106(a); and
21
Do not exhibit any prohibited characteristic of
hazardous waste identified in 35
Ill.
Adm. Code
721.Subpart C at the point of iniection.
BOARD NOTE:
Derived from 40 CFR 148.1 (l9&&~9~Q)T
a~amended at 53 F~~-
~
23154, July 26,
1008.
(Source:
Amended at 15 Ill.
Reg.
,
effective
)
SUBPART
B:
PROHIBITIONS ON INJECTION
Section 738.110
Waste Specific Prohibitions
-
Solvent Wastes
a)
35 Ill. Adm Code 721.131 spent solvents:
1)
The spent solvent wastes specified in 35
Ill. Adm.
Code 721.131 by the following EPA Hazardous Waste
numbers are prohibited from underground injection
unless the 3olvent waste is
a solvent water
122—33 7
4
mixture or solvent containing sludge containing
less than 1 percent total of the FOOl through F005
solvent constituents listed in subsection
(a) (2):
FOOl
F002
F003
F004
F005
2)
FOOl through F005 solvent constituents:
Acetone
n Dutyl alcohol
Carbon disulfide
LurDOfl
~
~
Cresols and cresylic acid
Cyclohexanone
1, 2 Dichlorobenzene
Ethyl acetate
Ethyl
benzene
Ethyl
ether
Isobutanol
Methanol
Nethylenc chloride
Nethylene chloride
(from the pharmaceutical
industry)
Methyl ethyl ketone
Methyl
isobutyl
ketone
Nitrobenz
ene
Pyridine
Tetrachloroethylcne
Toluene
1,1,1
Trichlorocthane
1,1,2
Trichioro
1.2.2
Trichloroet-
njj~
Trichiof
luoromethane
Xylene
b)
Effective August
8,
1000,
all spent FOOl through F005
solvent wastes containing less than
1 percent total
FOOl
through
F005 3olvent constituents listed in
subsection
(a) (2) are prohibited from injection.
e~) The requirements of subsections
(a)
or
(b) do not
apply:
1)
If the wastes meet or are treated to meet the
standards of 35 Ill.
Adm. Code 728.Subpart D; or
122—338
5
2)
If an adjusted standard has been granted in
response to a petition under Subpart C; or
3)
During the period of extension of the applicable
effective date,
if an extension has been granted
under Section 738.Subpart D.
BOARD NOTE:
Derived from 40 CFR 148.10 (19~9Q).
(Source:
Amended at
15 Ill. Reg.
,
effective
Section 738.112
Waste Specific Prohibitions
-
California List
Wastes
a)
The hazardous wastes listed in 35
Ill. Adm. Code
728.132 containing polychlorinated biphenyls at
concentrations greater than or equal to 50 ppm or
halogenated organic compounds at concentrations greater
than or equal to 10,000 mg/kg are prohibited from
underground injection.
b)
Effective August
8,
1000, tThe following hazardous
wastes are prohibited from underground injection:
1)
Liquid hazardous wastes, including free liquids
associated with any solid or sludge, containing
free cyanides at concentrations greater than or
equal to 1000 mg/l;
2)
Liquid hazardous wastes, including free liquids
associated
with any solid or sludge, containing
the
following
metals
(or
elements)
or
compounds of
these
metals
(or
elements)
at
concentrations
greater
than
or
equal
to
those
specified
below:
A)
Arsenic
or
compounds
(as
As)
500 mg/l;
B)
Cadmium
or
compounds
(as
Cd)
100
mg/l;
C)
Chromium
(VI)
or
compounds
(as
Cr
VI)
500
mg/i;
D)
Lead or compounds
(as Pb)
500 mg/l;
E)
Mercury or compounds
(as Hg)
20
mg/l;
F)
Nickel or compounds
(as Ni)
134 mg/i;
G)
Selenium or compounds
(as Se)
100 mg/i; and
H)
Thallium or compounds
(as Tl)
130 mg/i;
122— 339
6
3)
Liquid hazardous waste having a pH less than or
equal to two
(2.0); and
4)
Hazardous wastes containing halogenated organic
compounds in total concentration less than 10,000
mg/kg but greater than or equal to 1000 mg/kg.
c)
The requirements of subsections
(a) and
(b) do not
apply:
1)
If the wastes meet or are treated to meet the
applicable standards specified in 35 Ill.
Adxn.
Code 728.Subpart
D; or
2)
If
an
adjusted
standard
has
been
granted
in
response
to
a
petition
under
Subpart
C;
or
3)
During
the
period
of
extension
of
the applicable
effectiv~
date,
if
an
extension
is
granted
under
Section 738.104.
BOARD
NOTE:
Derived
from
40
CFR
148.12
(l9&B-OO)T
as
added
at
53
Fed.
fleg.
30018,
August
1G,
1000,
and amended at 53
Fed.
flog.
41C02,
October 24,
19C~3.
(Source:
Amended at
15
Ill.
Reg.
,
effective
Section 738.114
Waste Specific Prohibitions
-
First Third
Wastes
a)
1)
The wastes specified in 35 Ill.
Adm. Code 721.131
by the following EPA Hazardous Waste number are
prohibited from underground injection:
FOO6 (wastewaters and nonwastewaters)
FO 08
F009
FO 19
2)
The wastes specified in
35
Ill.
Adm.
Code
721.132
by the following EPA Hazardous Waste numbers are
prohibited from underground injection:
KO01
1(004
1(008
1(015
(wastewaters
and
nonwastewaters)
1(016
(at concentrations greater than or equal
to one percent)
122—340
7
1(017
KO 18
1(019
1(020
1(021
(wastewaters. and nonwastewaters
generated by the process described in
the waste listing description and
disposed after August
17,
1938,
and not
those generated in the course of
treating wastewater forms of these
wastes)
1(022
(wastewaters and nonwastewaters)
1(024
1(030
1(031
K035
1(036
(wastewaters, and nonwastewaters
generated
by
the
process described in
the
waste
listing
description
and
disposed after August
17,
1038,
and
not
those
generated
in the course of
treating
wastewater
forms
of
these
wastes)
1(037
1(044
KO45
nonexplosive 1(046
ç~nonwa~cewat.cr~j.
1(046
(wastewaters and nonwastewaters)
1(047
1(048
K049
1(050
1(051
1(052
1(060
(wastewaters,
and
nonwastewaters
generated
by
the process described in
the waste listing description and
disposed after August 17,
108B, and not
those generated in the course of
treating wastewater forms of these
wastes)
K061 (wastewaters and nonwastewaters)
1(062
noncai.~cium~uirace K0t~
K069 (calcium sulfate nonwastewaters; all
wastewaters;
and noncalcium sulfate
nonwastewaters
generated
by
the
process
described in the waste listing
description and disposed after August
±7-i-1038, and not those generated in the
course of treating wastewater forms of
these wastes)
122—34 1
8
K071
K073
K083
1(084
KO85
1(086
soivent
1(087
KO99
1(101
(all wastewaters and less than one
percent
total
arsenic
nonwastewaters)
1(102
(all wastewaters and less cnan one
percent total arsenic nonwastewaters)
K1O3
K104
K106
~j
The wastes specified in 35
Ill.
Adm.
Code 721.133
by the following EPA Hazardous Waste numbers are
prohibited from underground inlection:
Pool
P004
P005
P010
Poll
P012
P015
P016
P018
P020
P030
P036
P037
P039
P041
P048
P050
P058
P059
P063
P068
P069
P070
P071
P081
P082
P084
P087
P089
P092
P094
P097
122—342
9
P102
P105
P108
P110
P115
P120
P122
P123
U007
U009
U010
U0 12
U0 16
U0 18
U019
U022
U029
U03l
U036
U037
U041
U043
U044
U046
U050
U051
U053
U061
U063
U064
U066
U067
U074
U077
U078
U086
U089
Ui03
Ui05
U108
Ui15
Ui22
U124
Ui29
Ul30
Ui33
Ui34
Ui37
UiSi
Ui54
Ui55
U157
122—343
10
U158
U159
U171
U177
U180
U185
U188
U192
U200
U209
U210
U211
U219
U220
U221
U223
U226
U227
U228
U237
U238
U248
U249
b)
1)
The waste specified in 35
Ill. Adm.
Code 721.132
by the following EPA Hazardous Waste number are
rn-ohibited from iin~r-rn-pund irriection:
KO3G
(wastewaters)
ine waste
~r~’r~1riep
in 35
iii.
i~am. ~oae
i~i.iii
by the following EPA Hazardous Waste numbers are
prohibited from underground injection:
P030
P039
P04i
POG3
P071
P089
P004
P097
T11
~
‘-I’.’.
rr~
-~
C)
The
wastes
specified
in
35
Ill.
Adm. Code 271.131 by
the
following
EPA
Hazardous
Waste
numbers
are
prohibited
from
underground
injection:
F003
F009
122—344
11
the
wastes
specified
in
35
Ill.
Adm.
Code 721.132 by
the following EPA Ha~ardou
Waste numbers are prohibited from
ound
injection:
1(049
1(050
1(051
17 ti
L~
~J
1(0
C
2
1(071
1(104
e~)
Effective
June
7,
1991,
the
wastes
specified
in
35
Ill.
Adm.
Code
721.132
by
the
following
EPA
Hazardous
Waste
number are prohibited from underground injection:
K016
(at concentrations greaterless than one
percent)
~)
1)
Effective June
8,
1991, the wastes specified in 35
Iii.
Adm. Code 721.131 by the following EPA
Hazardous Waste number are prohibited from
underground injection:
FO07
2)
Effective June 8,
1991,
the wastes specified in 35
Ill. Adm.
Code 721.132
by the following EPA
Hazardous
Waste
numbers
are prohibited from
underground injection:
1(011
(nonwastewaters)
K013 (nonwastewaters)
~j
Effective Nay 8,
1992, the wastes specified in 35 111.
Adm.
Code 721.132
by
the
following
EPA
Hazardous
Waste
numbers are prohibited from underground injection:
KOil
(wastewaters)
1(013
(wastewaters)
K014
g~) The requirements of subsections
(a)
through
(~)
do not
app1y:
1)
If the wastes meet or are treated to meet the
applicable standards specified in 35
Ill.
Adm.
Code 728.Subpart D; or
2)
If an adjusted standard has been granted
in
response to a petition under Subpart C; or
122—345
12
3)
During the period of extension of the applicable
effective
date,
if
an
extension
is
granted
under
Section
738.104.
BOARD NOTE:
Derived from
40 CFR 148.14
(l9~9Q),-
as amended at
54 Fed.
fleg.
35323, August
25,
1989.
(Source:
Amended at 15
Ill. Reg.
,
effective
)
Section 738.115
Waste Specific Prohibitions
—
Second Third
Wastes
a)
The wastes specified in 35
Ill. Adm.
Code 721.132 by
the following EPA Hazardous Waste number arc prohibited
from underground injection:
1(025
(nonwastewaters generated by the process
described
in the waste
listing description
and disposed after Augu3t 17,
1083,
and not
those generated in the course of treating
wastewater forms of these wastes)
~)
1)
The wastes specified in
35 Ill.
Adm.
Code 721.131
by the following EPA Hazardous Waste numbers are
prohibited from underground injection:
FOlO
FO24
2)
The wastes specified
in 35
Ill. Adm. Code 721.132
by the following EPA Hazardous Waste numbers are
prohibited
from underground injection:
K009
(nonwastewaters)
1(010
1(025
(wastewaters,
and nonwastewaters
generated by the process described in
the waste listing description,
and not
those generated in the course of
treating wastewater forms of these
wastes)
1(027
1(028
1(029
(wastewaters
and
nonwastewaters)
KO 38
K039
K040
K04l
K042
1(043
122—346
13
KO95
(wastewaters
and
nonwastewaters)
1(096
(wastewaters and nonwastewaters)
1(097
1(098
1(105
1(113
K114
Ki 15
Ki 16
3)
Th.e wastes specified in
35
Ill. Adm. Code 721.133
by the following EPA Hazardous Waste numbers are
prohibited
from
underground
injection:
P002
P003
P007
P008
P014
P026
P027
P029
P040
P043
P044
P049
P054
P057
P060
P062
P066
P067
P072
P074
P085
P098
P104
P106
P107
Pill
P112
P113
P114
U002
U0 03
U005
UO 08
Uo1.i
U0i4
U015
U020
U021
122—34 7
14
U023
U025
U026
UO28
U0 32
U0 35
U0 47
U0 49
U0 57
UO58
U0 59
U0 60
U062
U070
U073
U080
U083
U092
U093
U094
U095
U097
U098
U099
U101
U106
Ui07
Ul09
Ui10
Ulil
Ui14
Ui.16
Ui19
U127
U128
U13i
Ul35
U138
Ui40
Ui42
Ui43
Ul44
U146
Ul47
Ul49
U15o
U161
Ui62
Ui63
Ui64
Ui65
Ui68
122—348
15
Ui69
U170
Ui72
Ui73
Ui74
Ui76
Ui78
Ul79
Ui89
Ui93
Ui96
U2 03
U2 05
U206
U2 08
U2i3
U2i4
U2i5
U216
U217
U2i8
U235
U2 39
U2 44
eb)
The wastes specified in 35 Ill.
Adm. Code 721.131 by
the following EPA Hazardous Waste numbers are
prohibited from underground injection pursuant to the
treatment standards specified in 35 Ill. Adm.
Code
728.141 and 728.143 applicable to FOii and F012
wastewaters and nonwastewaters:
FOil
(nonwastewaters)
F0l2
(nonwastewaters)
dc)
Effective June 8,
1991,
the wastes specified in 35 Ill.
Adm. Code 721.132 by the following EPA Hazardous Waste
number are prohibited from underground injection:
K009
(wastewaters)
d)
The requirements of subsections
(a) through
(c)
do not
apply:
1)
If the wastes meet or are treated to meet the
applicable standards specified in
35 Ill.
Adm.
Code 728.Subpart D; or
2)
If an adjusted standard has been granted in
response to a petition under Subpart C; or
122—349
16
3)
During the period of extension of the applicable
effective date,
if an extension is granted under
Section
738.104.
BOARD
NOTE:
Derived
from
40
CFR
148.15
(19890).
effective
Waste
Specific
Prohibitions
-
Third
Third
Wastes
t
following EPA Hazardous Waste
from underground injection:
a~cii~itea
cited
by
t1~
dcscribed in the waste lI~t~iiyciescripti~
and disposed after
tho3e
generated
in
August 17,
the
course
1933,
and not
of
treating
wastewater forms of these wastes).
The wastes specified in 35
Ill.
Adm. Code 721.131
by the foliowing EPA Hazardous Waste numbers are
prohibited from underground injection:
F025
F039
(nonwastewaters)
12)
The wastes specified in 35
Ill. Adm.
Code 721.132
by the following EPA Hazardous Waste numbers are
prohibited from underground injection:
~)
The wastes specified in 35 Iii. Adm.
Code 721.133
by the following EPA Hazardous Waste numbers are
prohibited from underground injection:
(Source:
Amended at 15
Ill. Reg.
)
Section
738.116
(wastewaters and nonwastewaters)
(wastewaters and nonwastewaters)
1(002
KO03
1(005
K006
1(007
1(023
1(026
1(032
1(033
1(034
1(093
1(094
1(100
P006
122—350
17
P009
P013
P017
P021
P022
P023
P024
P028
P031
P033
P034
P038
P042
P045
P046
P047
P051
P056
P064
P065
P073
P075
P076
P077
P078
P088
P093
P095
P096
P099
P101
P103
P109
P116
P118
P119
P12i
U001
U004
U0 06
U0i7
U024
U027
U030
U033
U034
U038
U039
U042
U045
U048
U052
122—35 1
18
13055
U056
U068
U069
U071
U072
U075
U076
U079
U081
U082
U084
U085
U087
U088
13090
13091
13096
13102
Uii2
Ui13
Uii7
Uii8
Ui20
Ui2i
Ui23
Ui25
Ui26
Ui32
Ui36
13141
13145
Ui48
Ul52
Ui53
13156
Ui60
U166
13167
Ui81
U182
Ui83
Ui84
Ui86
Ui87
Ui90
U19i
Ul94
Ui97
1320 i
U202
U204
122—352
19
U207
13222
U225
U234
13236
13240
13243
U246
U2 47
4j
The wastes specified in
35 Ill.
Adm. Code 721.121
or 721.124
by characteristic alone and designated
by the following EPA Hazardous Waste numbers are
prohibited from underground injection:
DO01
D004
D005
DO06
D008
D009
(wastewaters)
DO10
DOll
D012
DOi3
DO14
DO15
DO16
DOi7
~
Mixed radioactive/hazardous wastes
in
35 Ill.
Adm. Code
728.110, 728.111 and 728.112,
which
are
mixed
radioactive and hazardous wastes,
are prohibited from
underground injection.
~j.
Effective Nay
8,
1992,
the wastes specified in 35
Iii.
Adm.
Code 721.131
by the following EPA
Hazardous Waste number are prohibited from
underground injection:
F039
(nonwastewaters)
21
Effective Nay 8,
1992, the wastes specified in 35
Ill. Adm.
Code 721.122, 721.123
or 721.124
as
hazardous based
on
a characteristic alone and
designated by the following EPA Hazardous Waste
numbers are prohibited from underground injection:
DOO2
(wastewaters and nonwastewaters)
DOO3
(wastewaters and nonwastewaters)
DOO7
(wastewaters and nonwastewaters)
DOO9
(nonwastewaters)
122—353
20
fl
The effective date of subsections
(c) (1)
and
(C)
(2)
do not apply to the wastes
ijs~d
in
Section
148.112(b)
which
are
prohibited
from
underground
injection
effective
August
8,
1990.
eg)
The
requirements
of
subsections
(a)
~through
(bd)
do
not apply:
1)
If the wastes meet or are treated to meet the
applicable standards specified in
35 Iii.
Adm.
Code
728.Subpart
D;
or
2)
If an adjusted standard has been granted in
response to
a petition under Subpart C;
or
3)
During the period of extension of the applicable
effective
date,
if
an
extension
is
granted
under
Section
738.104.
BOARD NOTE:
Derived from 40 CFR 148.16
(198-9Q).
(Source:
Amended at 15 Iii. Reg.
,
effective
)
122—354
