ILLINOIS POLLUTION CONTROL BOARD

June 20,

1991

IN THE MATTER OF:

)

R91—5

PRETREATMENT UPDATE

)

(Identical

in Substance Rules)

(6—29—90 through 12—31—90)

)

ORDER

OF THE BOARD

(by J. Anderson):

Section 13.3 of the Environmental Protection Act

(Act)

requires the Board to adopt regulations which are “identical in

substance” with USEPA wastewater pretreatment rules adopted

pursuant to the Clean Water Act.

The term “identical in

substance” has recently been defined in Section 7.2 of the Act.

Section 7.2(b) of the Act requires the Board to adopt a rule

within one year of adoption of federal rule, unless the Board

extends the time based on a finding that the time is insufficient

and stating the reasons.

It appears that the regulations. in this

Docket will arguably be late.

The Board is therefore entering

this Order to extend the time.

The USEPA Pretreatment rules are in 40 CFR 400 et seq.

These have been the subject of four recent amendments:

June 29,

July 24, August

3, and September 7,

1990

(55 Fed.

Reg.

26692,

30126,

31697,

and 36932).

Therefore, only one set of minor

amendments,

i.e., those of June 29, occurred within the nominal

time-frame of the R90-15 proceeding (between January

1 and June

30,

1990).

The July 24, August 3,

and September

3 amendments,

which are significant, occurred within the original time—frame of

this docket (July

1,

1990 through December 31,

1990).

Those

minor federal amendments of June 29,

1990 withdraw certain

pretreatment limitations

in the organic chemicals, plastics, and

synthetic fibers category in response to a federal judicial

remand.

The significant federal revisions of July 24,

1990

implement initial controls necessary to assure adequate control

of hazardous wastes discharged to sewer systems under the

domestic sewage exclusion of the Resource Conservation and

Recovery Act

(RCRA).

The amendments of August

3,

1990 imposed

new limitations on discharges from industries in certain

subcategories of the nonferrous metals manufacturing category,

which USEPA corrected on September 7,

1990.

The Board has delayed final action on this docket by

dismissal of docket R90-15 and consolidation of the single set of

minor amendments that would have occurred in that docket into

this docket.

Thus,

the Board will change the time-frame of this

docket to 6-29-90 through 12-31-90.

The extent of numerous and

voluminous amendments to the Illinois hazardous waste and

drinking water programs and the press of other business have

resulted in unavoidable delay in proposing and adopting the

above—described pretreatment amendments.

The Board plans to

propose amendments corresponding with the USEPA pretreatment

amendments through December 31,

1990 on or before July 11,

1991

---

2

and adopt final amendments by September 12,

1991.

Thus,

incorporation of of the federal amendments occurring within the

nominal time—frame of docket R90-15 into docket R91-5, by

extending the time—frame of this docket and dismissing R90-15,

will avoid duplication of effort and further delay.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board~do hereby certi

that the above Order was adopted on the

~

day of

____________,

1991, by a vote of

7t2

Illinois

Control Board