ILLINOIS POLLUTION CONTROL BOARD
November 8,
1990
IN THE MATTER OF:
R90—14
UIC UPDATE, USEPA REGULATIONS
)
(Identical in Substance Rules)
(1—1—90 THROUGH 8—31—90)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED OPINION OF THE BOARD
(by J. Anderson):
By a separate Order, pursuant to Sections 22.4(a) and 13. (c)
of the Environmental Protection Act
(Act),
the Board proposes
amendments to the Underground Injection Control
(UIC)
regulations.
Section 22.4 of the Act governs adoption of
regulations establishing the RCRA program in Illinois, and
Section 13(c)
governs adoption of the UIC program regulations.
Both Sections 22.4(a)
and 13(c)
provide for quick adoption of
regulations which are “identical
in substance” to federal
regulations.
Because this rulemaking
is not subject to Section 5
of the Administrative Procedure Act,
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 during the period January
1 through August
31,
1990.
The Federal Registers utilized are as follows:
55 Fed. Reg.
22520
June
1,
1990
55 Fed. Reg.
33693
August 17,
1990
The Board divides state UIC and RCRA program updates into
their traditional parts, UIC in 35
Ill. Adm.
Code 704,
730, and
738 and RCRA in 35 Ill. Adm. Code
703,
705,
720 through 726, and
728,
with minimal overlap.
The present UIC amendments are
limited to 35
Ill. Adm.
Code 738.Subpart B.
PUBLIC COMMENTS
The public comment period begins upon publication of the
Notice of Proposed Amendments in the Illinois Register and
continues for 45 days from that date.
The Board
will immediately
cause such publication of the
Notices for this rulemaking.
The
Board invites public comment on this rulemaking during the public
comment period.
The Board highlights for comment several
specific issues relating to this rulemaking in the detailed
discussion that follows.
The Board presently intends to promptly
adopt the proposed amendments immediately upon completion of the
public comment period.
It is therefore important that interested
parties timely submit their public comments.
DELAYED FILING OF ADOPTED ANENDMENTS
11 6—1.57
2
After final adoption, the Board will delay filing the
adopted amendments for 30 days from the date of the Final Opinion
and accompanying Order.
This delay is particularly to allow
USEPA, the Agency,
and the Attorney General to review the
amendments
in final form before they are filed.
This delay
is
in
accordance with the informally agreed procedures for identical in
substance rulemakings embodied in
“RCRA
Pass-Through Rulemaking!-
Authorization Revision and Review Process,” the title of the
agreement between the above entities and the Board,
as amended
Nay,
1987.
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 UIC Permit Programs
703
RCRA 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 R8l-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-l9 and R83-24.
USEPA granted final authorization of the Illinois RCRA “base
program” on January 31,
1986, at 51 Fed. Reg.
3778
(January 30,
116—158
3
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
effective April
30, 1990,
at 55 Fed. Reg. 7320
(March
1,
1990).
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)
R82—l8
51
PCB
31, January 13,
1983;
7
Ill. Reg.
2518,
March
4,
1983, effective May 17,
1982.
(11/11/81
through 6/24/82)
R82—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)
R83—24
55 PCB 31,
December 15,
1983,
8
Ill. Reg.
200,
January
6,
1984,
effective December 27,
1983.
(Corrections to R82-19)
R84—9
64
PCB 427
&
521, June 13
& 27,
1985;
9
Ill.
Reg.
11964, August
2,
1985,
effective July 8
&
24,
1985.
(1/19/83 through 4/24/84)
R85—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)
R86—1
71 PCB 110, July 11,
1986;
10 Ill.
Reg.
13998,
August 22,
1986,
effective August 12,
1986.
(7/1/85 through 1/31/86)
R86—l9
73 PCB 467, October 23,
1986;
10 Ill. Reg.
20630,
December 12,
1986,
effective December 2,
1986.
(2/1/86 through 3/31/86)
R86—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, Nay
1,
1987,
effective April
21,
1987.
(4/1/86 through
6/30/86)
R86—46
79 PCB 676, July
16,
1987;
11 Ill.
Reg.
13435,
116—159
4
August
14,
1987,
effective August
4,
1987.
(7/1/86 through 9/30/86)
R87—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)
R87—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)
R87—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—l6
93 PCB 513, November 17,
1988;
13 Ill. Reg.
447,
January 13,
1989,
effective December 28,
1988.
(1/1/88 through 7/31/88)
R89—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
March
8,
1990;
14 Ill.
Reg.
6225,
April 27,
1990,
effective April 16,
1990.
(1/1/89 through
6/30/89)
R90—2
July
3,
1990;
14
Ill. Reg.
14401, September 7,
1990,
effective August 22,
1990.
(7/1/89 through
12/31/89)
R90—10
August 30,
1990;
14
Ill.
Reg.
16450, October 5,
1990, effective September 25,
1990.
(Toxicity
Characteristic Leachate Procedure)
R90-11
Reserved Docket.
(4/1/90 through 6/30/90)
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).)
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.
116—160
5
This was repealed by R85-22, 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):
R85—2
69 PCB 314, April 24,
1986;
10
Ill. Reg.
8112, May
16,
1986,
effective May 2,
1986.
(9/13/85)
R87—30
90 PCB 665, June 30,
1988;
12 Ill.
Reg.
12070,
July 22,
1988,
effective July 12,
1988.
(11/14/86)
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-l8
(USX Corp,
South Works)
R90-19
(Woodward Governor Co.)
R90-23
(Keystone Steel
& Wire Co.)
The Board has proposed amendments to the delisting
procedures that would set forth the procedural requirements for
waste delistings and allow use of the adjusted standard
procedures of Part 106 for evaluating the petitions:
R90—l7
Proposal for Public Comment July 19,
1990;
14
Ill.
Reg.
13925, August 31,
1990.
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-Kleen Corp.)
AS89-5
Dismissed on July 3,
1990.
(Safety—Kleen Corp.)
AS9O-7
Presently pending.
(Quantum Chemical Co.)
Another Part 106 adjusted standard proceeding filed pursuant
to 728.106 seeks relief from a prohibition against land disposal
(petitioner’s name in parentheses):
AS9O-6
Presently pending.
(Marathon Petroleum Co.)
116—161
6
The Board has adopted special procedures
in Parts 101,
102,
and 104 for cases involving the
RCRA
regulations:
R84—10
62 PCB 87
& 349, December 20,
1984
& January
10,
1985;
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 R85-22 and amended them in R86-
46, listed above.
The Board has also adopted requirements limiting and
restricting the landfilling of liquid hazardous wastes, hazardous
wastes containing halogenated compounds,
and hazardous wastes
generally:
P81—25
60 PCB 381, October 25,
1984;
8
Ill.
Reg.
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.
R86-9
Emergency regulations adopted at 73 PCB 427,
October 23,
1986;
10
Ill.
Reg.
19787, November 21,
1986,
effective November 5,
1986.
The Board’s action in adopting emergency regulations in P86-
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).)
A decision on permanent rules is pending.
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, R82-l8, 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):
R81—32
47 PCB 93, May 13,
1982;
6
Ill. Reg.
12479,
October 15,
1982,
effective February
1,
1984.
(7/7/81 through 11/23/81)
R82—18
51 PCB 31, January 13,
1983;
7
Ill. Peg.
2518,
March
4,
1983,
effective May 17,
1982.
(11/11/81
through 6/24/82)
116—162
7
P83—39
55 PCB 319, December 15,
1983;
7
Ill.
Peg.
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.
Peg.
13274, August
8,
1986,
effective July
28
& 29,
1986.
(5/11/84 through 11/15/84)
P86—27
Dismissed at 77 PCB 234, April 16,
1987.
(No
USEPA amendments through 12/31/86).
P87—29
85 PCB 307, January 21,
1988;
12 Ill.
Peg.
6673,
April
8,
1988, effective March
28,
1988.
(1/1/87
through 6/30/87)
P88—2
90 PCB 679, June 30,
1988;
12
Ill. Peg.
13700,
August 26,
1988,
effective August 16,
1988.
(7/1/87 through 12/31/87)
P88—17
94 PCB 227, December 15,
1988;
13
Ill. Peg.
478,
January 13,
1989,
effective December
30,
1988.
(1/1/88 through 6/30/88)
P89—2
January 25,
1990;
14
Ill. Reg.
3059, March 2,
1990,
effective February 20,
1990.
(7/1/88
through 12/31/88)
P89—11
May 24,
1990;
14 Ill.
Peg.
11948, July 20,
1990,
effective July
9,
1990.
(1/1/89 through 11/30/89)
R90-5
Dismissed on March 22,
1990.
(No USEPA amendments
12/1/89 through 12/31/89)
P90-14
This Docket.
(1/1/90 through 8/31/90)
History of UST Rules Adoption
The Board adopted Underground Storage Tank
(UST) rules
in
P86-I. and P86-28, which were also RCRA update Dockets.
The Board
updated the UST regulations to correspond with USEPA amendments
in several dockets.
USEPA has not yet authorized the Illinois
UST program.
The entire listing of all UST rulemakings follows
(with the period of corresponding federal revisions indicated in
parentheses):
P86—i
71 PCB 110, July 11,
1986;
10 Ill.
Peg.
13998,
August 22,
1986,
effective August 12,
1986.
(7/1/85 through 1/31/86)
P86—28
75 PCB 306,
February
5,
1987; and 76 PCB 195,
March
5,
1987;
11 Ill.
Peg.
6017, April
3,
1987,
effective March 23,
1987.
Correction at 77 PCB
116—163
8
235,
April 16,
1987;
11 Ill. Peg.
8684, May 1,
1987,
effective April
21,
1987.
(4/1/86 through
6/30/86)
R88—27
98 PCB 413, April
27,
1989;
13 Ill. Peg. 9519,
June 23,
1989,
effective June 12,
1989.
(9/23/88)
P89—4
101 PCB 371,
July 27,
1989;
13 Ill.
Peg.
15010,
September 22,
1989, effective September 12,
1989.
(10/26/88)
P89—10
March
1,
1990;
14
Ill. Reg.
153, January
5,
1990,
effective April
10,
1990.
(.10/27/88 through
6/30/89)
R89—19
April
26,
1990;
14
Ill. Beg.
9454, June 15,
1990,
effective June
4,
1990.
(UST Fund Legislative
Mandate)
P90—3
June
7,
1990;
14
Ill.
Peg.
11964, July 20,
1990,
effective July 10,
1990.
(7/1/89 through
12/31/90)
P90-12
Peserved Docket.
(1/1/90 through 6/30/90)
GENERAL DISCUSSION
The amendments are discussed
in detail below.
The following
generally describes the USEPA actions encompassed by this
rulemaking.
The complete Federal Register Citations are given
above.
All dates are 1990.
June
1
Additional restrictions on underground injection
of First,
Second and Third Third Wastes.
August 17 Corrections to June
1 restrictions on Third Third
Wastes.
One June
1,
1990, USEPA promulgated the restrictions on land
disposal of Third Third Scheduled Wastes.
That rulemaking
included restrictions under both the RCPA and UIC programs.
The
present Board rulemaking deals only with the portion of that
proceeding which impacts the Illinois UIC program.
Docket P90-
11 will deal with those portions impacting the Illinois RCRA
program.
The federal rulemaking primarily completes the list of Third
Third Wastes prohibited from underground injection
(40 CFR
148.16, corresponding to 35 Ill.
Athn.
Code 738.116).
It also
adds First Third Wastes
(40 CFR 148.14, corresponding to 35 Ill.
Adm.
Code 738.114)
and Second Third Wastes
(40 CFR 148.15,
116—164
9
corresponding to 35
Ill. Adm. Code 738.115)
and add an exception
from the general prohibition against underground injection for
certain characteristic wastes
(40 CFR 148.1, corresponding to 35
Ill. Adm. Code 738.101).
The present rulemaking proposes those
recent federal amendments.
Deletion of Federal Effective Dates and Restructuring of Rules
Several of the new federal prohibitions on land disposal,
like those upon which the Board has already passed in R89-2 and
P89-li,
include delayed effective dates that have already lapsed.
The Board has deleted those past effective dates from the present
proposal, as it has in the prior dockets, while retaining those
not yet past.
Additionally,
in furthering this practice, the
Board proposes to delete the past effective dates already adopted
in the prior proceedings.
In so doing,
the Board observed that
retention of a regulatory structure completely parallel to that
of the federal rules rendered Sections 738.114 through 738.116
somewhat convoluted and potentially confusing.
The Board
proposes to depart from the entirely parallel structure for the
sake of greater clarity in its rules.
Further,
the Board
proposes to amend the existing rules accordingly.
The federal rules are structured according to effective date
within the First Third, Second Third, and Third Third categories.
Within the several effective date groups are sub-listings of
wastes from Sections 261.31,
261.32,
and 261.33
(corresponding to
35
Ill. Adm. Code 721.131,
721.132, and 721.133, respectively).
The Board prefers to list the prohibited wastes in groups
corresponding to the sections in which the wastes are listed,
retaining the First Third,
Second Third,
and Third Third
categories.
The Board feels this structure enhances the clarity
of the prohibitions for those wastes to which a past effective
date applies.
This structure is not employed for those federal
paragraphs to which a future effective date applies.
Those
latter paragraphs appear as distinct subsections in the Board’s
proposal.
The following table indicates the federal delayed effective
dates for the affected paragraphs of the federal rules a~idthe
location of those prohibitions in the Board’s proposal
(
denotes
newly adopted federal paragraph,
2 denotes renumbered federal
paragraph,
and
*
denotes past effective date by the earliest
possible time of adoption of these proposed amendments):
Federal
Effective
Found in Proposed
Paragraph
Date
Board Sections
148.14(a)
*June
7,
l9S938.1l4(a)(l),
(a)(2)
&
(a)(3)
148.14(b)
*June 8,
1989
738.l14(a)(2)
&
(a)(3)
148.14(c)
*July 8,
1989
738.114(a) (1)
116—165
10
148.14 (d) 1
148.14(e) 2
148.14(f)1
148.14(g) 2
148.14 (h) 2
148.14
148.14(j)
,2
148.15(a)
148.15(b)
148.15(c)
148.15(d)1
148.15(e)2
148.15(f~1
148.15(g)
,2
148. 16(a)
148.16(b)
148.16(c) 1
738.16(d) 1
148.16(e)1
148.l6(f~1
May 8,
1992
148.16(g)
,2
No Date Recited
Under this scheme of consolidating several waste listings,
future
effective dates appear as separate subsections,
and the wastes
with past effective dates that are listed in a single section of
Part 721..Subpart D appear in aiphanurnerical order
in a single
subsection within the applicable Section of Part 738.
For
example,
all past—effective First Third wastes listed in Section
721.131 appear in Section 738.114(a) (1), all similar Section
721.132 wastes appear in Section 738.114(a) (2),
all past—
effective Second Third Section 721.133—listed wastes appear in
Section 738.115(a) (3),
etc.
The detailed, Section-by—Section discussion that follows
highlights the wastes added by the federal rulemaking in greater
detail.
It also discusses questions arising through the
consolidation of waste listings.
DETAILED DISCUSSION
SUBPART A:
GENERAL
Section 738.101
Purpose Scope and Applicability
*August
8,
l~9Th.114(a)(1), (a)(2)
&
(a)(3)
*August
8,
1990
738.114(a) (2)
*November
8,
~~1114(a)(1),
(a)(2)
&
(a)(3)
June 7,
1991
738.114(b)
June 8,
1991
738.114(c)(i)
&
(c)(2)
May 8,
1992
738.114(d)
No Date Recited
738.114(e)
*June 7,
1989
738.115(a) (2)
*June 8, 19a~8.1l5(a)(1), (a)(2)
&
(a)(3)
*July 8,
1989
738.115(b)
*August
8,
1990
738.115(a) (2)
&
(a) (3)
June 8,
1991
738.115(c)
*November 8, 1990738.115(a) (2)
&
(a)(3)
No Date Recited
738.115(d)
*June
7,
1989
738.116(a) (2)
*June
8,
1989
738.116(a)(2)
&
(a)(3)
*July 8, 198~38.116(a)(1), (a)(2),
(a)(3)
&
(a) (4)
*August 8,
1990
738.116(b)
*November
8, 1~98.116(a)(l), (a)(2),
(a)(3)
&
(a) (4)
738.116(c)
738. 116(d)
116—166
11
This Section derives from 40 CFR
148.1.
USEPA amended
section
148.1 by adding paragraph
(d)
at 55 Fed. Peg.
22683, June
1,
1990.
The new provision allows the continued underground
injection of wastes not otherwise prohibited under part 148 that
are hazardous only because they exhibit a characteristic of
hazardous waste listed in subpart C of part 261.
This provision
includes the requirements that injection occur at a Class
I well,
identified at 40 CFP 144.6(a),
and the waste must not exhibit any
prohibited characteristic of hazardous waste identified in part
261, subpart C at the point of injection.
The Board proposes the federal language with only the
minimal revision necessary to incorporate this provision into the
state rules.
The state counterpart to 40 CFR 144.6(a)
is
35 Ill.
Adin.
Code 730.106(a), and the counterpart to 40 CFR 261, subpart
C is 35
Ill.
Adin.
Code 721.Subpart
C.
The Board substitutes
these references.
The Board also updates the Board Note to this
Section to the July
1,
1990 edition of the Code of Federal
Regulations.
SUBPART B:
PROHIBITIONS ON INJECTION
Section 738.110
Waste Specific Prohibitions
-
Solvent Wastes
This Section derives from 40 CFR 148.10.
USEPA did not
amend this provision during the present update period.
Rather,
the Board proposes amendment to eliminate the past effective date
of subsection
(b).
The Board believes that Sections 738.110(a) (2) and
(b)
and a
portion of Section 738.110(a) (1) are now redundant, so the Board
proposes deletion of those provisions.
As originally adopted,
Section 738.110(a) (1) prohibited the underground injection of
spent solvent wastes unless the wastes contained less than one
percent of certain waste constituents listed in subsection
(a) (2).
Subsection
(b) prohibits the injection of those spent
solvent wastes containing less than one percent of these
constituents effective August 8,
1990.
Effectively, subsections
(a) (1)
and
(b) now prohibit the injection of all Section 721.131
FOOl,
F002, F003,
F004, and F005 spent solvent wastes, regardless
of the concentrations of subsection
(a) (2)
constituents,
as of
August
8,
1990.
The Board believes that Section 738.110 should
read simply, paraphrased as follows:
underground injection of
FOOl through F005 spent solvent wastes
is prohibited.
Therefore,
retaining the present structure is less straightforward than
eliminating the caveat of subsection
(a) (1)
and subsections
(a) (2)
and
(b).
The Board further proposes renumbering former
subsection
(c) to subsection
(b)
and updating the Board Note to
refer to the 1990 edition of the Code of Federal Regulations.
Section 738.112
Waste Specific Prohibitions
-
California List
Wastes
116—167
12
This Section derives from 40 CFR 148.12.
USEPA did not
amend this provision during the present update period.
Rather,
the Board proposes amendment to eliminate the past effective date
of Section
(b).
This necessitates no further revision to the
text of this Section, besides updating the Board Note to refer to
the 1990 edition of the Code of Federal Regulations.
Section 738.114
Waste Specific Prohibitions
—
First Third
Wastes
This Section derives from 40 CFR 148.14.
USEPA amended
section 148.14 by adding paragraphs
(d),
(f), and
(1);
amending
paragraph
(j);
and renumbering paragraphs
(d),
(e),
(f), and
(g)
to
(e),
(g),
(h), and
(j)
at 55 Fed. Peg.
22683, June
1,
1990.
The new provision, paragraph (d), adds a prohibition against
underground injection at off—site facilities of several wastes,
effective August 8,
1990.
New paragraph
(f) prohibits the
injection of those same wastes at on—site facilities, effective
November 8,
1990.
Added paragraph
(i)
includes prohibitions
effective Nay 8,
1992.
The amendment to renumbered paragraph
(j)
broaden the inapplicability of this section to include paragraphs
(a) through
(i).
The Board proposes amendments identical to the federal
revisions, with structural changes focused on the deletion of
past effective dates and consolidating waste listings for ease of
use by the regulated community.
Prior to this rulemaking,
Board
subsection
(d)
(USEPA renumbered corresponding 40 CFR 148.14(d)
to paragraph
(e)
in the present federal amendments)
had an
effective date of August
8,
1990.
Similarly, new federal
paragraph
(f) has an effective date of November 8,
1990.
The
Board proposes elimination of both past dates.
On the other
hand,
prior Board subsections
(e)
and
(f)
(whose counterparts
USEPA renumbered to paragraphs
(g)
and
(h)
in the present federal
amendments and which now correspond to subsections
(b)
arid
(c)
in
the proposed Board amendments)
still have future effective dates.
Similarly, new federal paragraph
(i)
(corresponding to proposed
subsection
(d)
in the Board’s rules) has a future effective date.
The Board proposes retaining these as yet future effective dates.
Elimination of the immaterial past effective dates leaves
the regulatory structure somewhat convoluted and potentially
confusing to the regulated community.
Underground injection of
some 261.31-listed wastes is presently prohibited by 40 CFR
148.14(a),
(c),
(d), and
(f); underground injection of some
261.32-listed wastes is presently prohibited by 40 CFR 148.14(a),
(b),
(d), and
(f); and underground injection of some 261.33-
listed wastes is presently prohibited by 40 CFR 148.14(b),
(d),
and
(f).
Further,
one form or mode of disposal of a waste is
prohibited by one federal paragraph while either all other forms
or modes of disposal are prohibited by another.
For example,
116— 168
13
section 148.14(a) prohibits injection of F006 nonwastewaters,
section 148.14(d) prohibits injection of F006 wastewaters at off-
site facilities,
and 148.14(f) prohibits injection of F006
wastewaters at on—site facilities.
The Board would prefer a more
cohesive structure that includes a single prohibition for all
forms and modes of disposal of a waste in a single location.
(For this example the Board proposes a single prohibition for
F006 wastewaters and non wastewaters at subsection
(a) (1),
without reference to whether it is disposed on—site or off—
site.)
Further, the Board would prefer that a single subsection
set forth all the listed wastes from each of the Sections
721.131,
721.132, and 721.133 lists.
Therefore,
the Board
proposes amendments that deviate structurally from the federal
regulations.
Under the Board’s proposed rules, subsection
(a) (1)
sets
forth all the Section 721.131-listed prohibited wastes,
subsection
(a) (2) sets forth all the Section 721.132—listed
prohibited wastes, and subsection
(a) (3)
sets forth all the
Section 721.133-listed prohibited wastes with past effective
dates.
The Board eliminates distinctions as to on—site and off—
site disposal because both modes are presently prohibited under
the federal rules.
However,
the Board retains the separate
listings by effective date for those wastes prohibited at a
future time.
Therefore,
subsection
(b)
(corresponding to federal
paragraph
(g))
includes
a single Section 721.132—listed waste for
which
a prohibition becomes effective on June 7,
1991; subsection
(c)
(corresponding to federal paragraph
(f))
includes
in two
subsections Section 721.131- and 721.132-listed wastes prohibited
effective June 8,
1991,
and subsection
(d)
(corresponding to
federal paragraph
(i)) includes Section 721.132—listed wastes for
which prohibitions become effective on May 8,
1992.
Where one prohibition was for the wastewater form of a
waste,
and another prohibition related to the nonwastewater form
of the waste, the Board incorporates a single prohibition on the
wastewater and nonwastewater forms.
This is true for FOO6, K015,
KO22, and KO61 wastes.
Similarly,
the prior rule prohibited
injection of certain K1O1 and K1O2 wastes:
“all wastewaters and
less than one percent total arsenic noriwastewaters.”
The federal
amendments,
at paragraph
(d) prohibit injection of the “high
arsenic nonwastewaters.”
The Board interprets this as requiring
a combined prohibition on all K101 and K1O2 wastewaters and
nonwastewaters.
The Board has retained the “wastewaters and
nonwastewaters” language for clarity, although it is possible
that USEPA intended all forms of the individual listed wastes and
the Board could have also dropped the added language as
superfluous.
For K02l, KO36,
and
1060
wastes,
40 CFR 148.14(a) prohibited
injection of “nonwastewaters generated by the process described
in the waste listing description and disposed after August
17,
116—169
14
1988,
and not those generated in the course of treating
wastewater forms of these wastes.”
New federal paragraph
(d)
includes prohibitions on 1021
and 1060
wastewaters, and existing
paragraph
(b)
includes a prohibition for K036 wastewaters.
As to
the existing past August 17,
1988 disposal effective date noted
in each of these prohibitions
(the effective date of the federal
First Third rule), the Board believes that retention of this date
is no longer necessary:
it is unlikely that any quantities of
these wastes disposed prior to that date still reside in Illinois
so they could still be injected.
As to the limiting language,
“generated by the process described in the waste listing
description
.
.
.
,
and not those generated in the course of
treating wastewater forms of these wastes,” the Board believes
that this could potentially have the effect of excluding some
forms of hazardous wastes from the prohibitions, such as wastes
generated in the course of treating wastes generated by the
described process or, as explicitly stated, those generated in
the course of treating wastewater forms of the wastes.
£~
35
Ill. Adm. Code 721.103(c) (2);
55 Fed. Peg.
22537
(June
1,
1990).
For these reasons, the Board will eliminate the “August 17,
1988”
and retain the “generated by” language from these restrictions.
The situation is similar for KO69 wastes.
Section
738.114(a) (2) formerly prohibited “noncalcium sulfate 1069
(nonwastewaters generated by the process described in the waste
listing description and disposed after August 17,
1988,
and not
those generated in the course of treating wastewater forms of
these wastes).”
40 CFR 148.14(d) would now add calcium sulfate
nonwastewaters and all wastewaters.
The Board will combine all
three categories of
1069
wastes into a single listing,
retaining
the “generated by” language for noncalcium sulfate
nonwastewaters, but deleting the August 17,
1988 date.
The Board
will insert semicolons between each type of K069 waste intended
to avoid confusion as to the effect of the final “and not”
clause, which applies only to the third type of waste.
Finally,
for K046 wastes, existing Section 738.114(a) (2)
prohibits the underground injection of 1046
nonexplosive
nonwastewaters,
and 40 CFR 148.14(d) now prohibits K046 reactive
nonwastewaters and all wastewaters.
“Reactive”
is intended by
USEPA in the sense meant by Section 721.123, see 55 Fed. Peg.
22593
(June
1,
1990)
&
54
Fed. Reg. 25419—20
(June 14,
1989)
which includes “explosive.”
See 35 Ill.
Reg. 721.123.
Therefore, the Board interprets the combination of “nonexplosive
nonwastewaters” and “reactive nonwastewaters”
as including all
wastewater forms of the waste.
The Board will scribe this
listing as “wastewaters and nonwastewaters,” intending it to
include all wastewater and all nonwastewater forms of this waste.
The Board also makes
a small number of editorial revisions
to the federal base text and the prior text of the rule.
At
subsection
(b) (2), the Board renders “The waste~”now as plural.
116—170
15
The Board adds the word “underground” before “injection” wherever
it appears, although USEPA omitted it from new 40 CFR 148.14(d).
New 40 CFR 148.14(i) refers to “the wastes specified in 40 CFR
261.32 and 261.33 as EPA Hazardous Waste Numbers KOll
.
.
.
,
1013
.
.
.
,
and 1014
.
.
.
.“
Only 40 CFR 261.32
(corresponding
with 35 Ill. Adm. Code 721.132)
specifies those wastes.
The
Board therefore does not add a reference to Section 721.133
(corresponding with 40 CFR 261.33).
This restructuring raises issues for which the Board seeks
public comment.
The Board requests comment as to each of the
revisions it has made in consolidating the waste listings and
incorporating the federal prohibitions.
In addition to the changes in the format of the new
prohibitions identical
in substance to those adopted June
1,
1990
by USEPA, making the editorial revisions of the federal text,
and
making the structural changes described above, the Board further
updates the Board Note to refer to the 1990 Code of Federal
Regulations and makes one correction.
In R89—l1,
at subsection
(e), the Board adopted a June 7,
1991 prohibition on
“1016
(
at
concentrations greater than one percent).”
This should have
appeared as “less than one percent,” like
it appeared in 40 CFR
148.14(e)
(now paragraph
(g)).
The Board corrects this error.
The Board invites comment on the editorial revisions it proposes
to the federal language.
Section 738.115
Waste Specific Prohibitions
—
Second Third
Wastes
This Section derives from 40 CFR 148.15.
USEPA amended
section 148.15 by adding paragraphs
(d) and
(f); amending
paragraph
(g); and renumbering paragraphs
(d)
and
(e)
to
(e)
and
(g)
at 55 Fed.
Peg.
22683, June
1,
1990.
The new provision,
paragraph
(d), adds a prohibition against underground injection
at off—site facilities of several wastes, effective August
8,
1990.
New paragraph
(f)
prohibits the injection of those same
wastes at on-site facilities,
effective November 8,
1990.
The
amendment to renumbered paragraph
(g)
broaden the inapplicability
of this section to include paragraphs
(a) through
(f).
The Board proposes amendments identical to the federal
revisions, with structural changes focused on the deletion of
past effective dates and consolidating waste listings for ease of
use by the regulated community,
very similar to the revisions
proposed for Section 738.114.
New federal paragraph
(f)
has an
effective date of November 8,
1990.
The Board proposes
elimination of this past date.
On the other hand, prior Board
subsection
(d)
(whose counterpart USEPA renumbered to paragraph
(e)
in the present federal amendments and which now corresponds
to subsection
(c)
in the proposed Board amendments)
still has a
116—17 1
16
future effective date.
The Board proposes retaining this as yet
future effective date.
As with Section 738.114, elimination of the immaterial past
effective dates,
in this and the P89-2 and R89—11 proceedings,
leaves the regulatory structure somewhat convoluted and
potentially confusing to the regulated community.
Underground
injection of 261.31—listed wastes is presently prohibited by 40
CFP 148.15(b); underground injection of some 261.32—listed wastes
is presently prohibited by 40 CFR 148.15(a),
(b),
(d), and
(f);
and underground injection of some 261.33—listed wastes
is
presently prohibited by 40 CFP 148.15(b),
(d), and
(f).
Further,
one form or mode of disposal of a waste is prohibited by one
federal paragraph while either all other forms or modes of
disposal are prohibited by another.
For example, section
148.15(b) prohibits injection of
1029
nonwastewaters,
section
148.15(d) prohibits injection of 1029
wastewaters at off—site
facilities,
and 148.15(f) prohibits injection of KO29 wastewaters
at on—site facilities.
As for Section 738.114, the Board would
prefer
a more cohesive structure that includes a single
prohibition for all forms and modes
of disposal of a waste in a
single location.
(For this example the Board proposes a single
prohibition for 1029
wastewaters and non wastewaters at
subsection
(a) (2), without reference to whether
it
is disposed
on-site or off-site.)
Further, the Board would prefer that a
single subsection set forth all the listed wastes from each of
the Sections 721.131,
721.132, and 721.133
lists.
Therefore, the
Board proposes amendments that deviate structurally from the
federal regulations.
Under the Board’s proposed rules,
subsection
(a) (1)
sets
forth all the Section 721.131-listed prohibited wastes,
subsection
(a) (2)
sets forth all the Section 721.132—listed
prohibited wastes, and subsection
(a) (3)
sets forth all the
Section 721.133-listed prohibited wastes with past effective
dates.
The Board eliminates distinctions as to on—site and off—
site disposal because both modes are presently prohibited under
the federal rules.
However, the Board retains the separate
listing by effective date for those wastes prohibited at
a future
time.
Therefore,
subsection
(c)
(corresponding to federal
paragraph
(e))
includes a single Section 721.132—listed waste for
which a prohibition becomes effective on June 8,
1991.
The Board
also retains a separate listing for the 721.131—listed wastes for
which there is reference to a Part 728 treatment standard in
subsection
(b)
(formerly subsection
(c), as it presently appears
at 40 CFP 148.15(c).
Where one prohibition was for the wastewater form of a
waste,
and another prohibition related to the nonwastewater form
of the waste, the Board incorporates a single prohibition on the
wastewater and nonwastewater forms.
This is true for
1029,
KO95,
and 1096
wastes.
The Board has retained the “wastewaters and
116—172
17
nonwastewaters”
language for clarity,
although it is possible
that USEPA intended all forms of the individual listed wastes and
the Board could have also dropped the added language as
superfluous.
For
1025
wastes, 40 CFP 148.15(a) prohibited injection of
“nonwastewaters generated by the process described in the waste
listing description and disposed after August 17,
1988,
and not
those generated in the course of treating wastewater forms of
these wastes.”
New federal paragraph
(d)
includes prohibitions
on K025 wastewaters.
As to the existing past August 17,
1988
disposal effective date noted
in this prohibition
(the effective
date of the federal First Third rule),
the Board believes that
retention of this date is no longer necessary:
it is unlikely
that any quantities of these wastes disposed prior to that date
still reside in Illinois so they could still be injected.
As to
the limiting language,
“generated by the process described in the
waste listing description
.
.
.
,
and not those generated in the
course of treating wastewater forms of these wastes,” the Board
believes that this could potentially have the effect of excluding
some forms of hazardous wastes from the prohibitions, such as
wastes generated in the course of treating wastes generated by
the described process or,
as explicitly stated,
those generated
in the course of treating wastewater forms of the wastes.
~
35
Ill. Adm. Code 721.103(c) (2); 55 Fed. Peg.
22537
(June
1,
1990).
For these reasons, the Board will eliminate the “August 17,
1988”
and retain the “generated by” language from these restrictions.
This restructuring raises issues for which the Board seeks
public comment.
The Board requests comment as to each of the
revisions
it has made in consolidating the waste listings and
incorporating the federal prohibitions.
In addition to the changes in the format of the new
prohibitions identical in substance to those adopted June
1,
1990
by USEPA and making the structural changes described above, the
Board further updates the Board Note to refer to the 1990 Code of
Federal Regulations.
Section 738.116
Waste Specific Prohibitions
—
Third Third
Wastes
This Section derives from 40 CFR 148.16.
USEPA amended
section 148.16 by adding paragraphs
(c),
(d),
(e), and
(f);
amending paragraph
(g); and renumbering paragraph
(c) to
(g) at
55 Fed.
Peg.
22683,
June
1,
1990.
USEPA corrected paragraphs
(c)
and
(f)
at 55 Fed. Peg.
33694, August 17, 1990.
The new
provision, paragraph
(c),
adds a prohibition against underground
injection at off—site facilities of several wastes, effective
August
8,
1990.
New paragraph
(e) prohibits the injection of
those same wastes at on-site facilities, effective November 8,
1990.
New paragraph
(d) prohibits the injection of certain mixed
116—173
18
radioactive and hazardous wastes, effective August
8,
1990.
New
paragraph
(f) prohibits the injection of 40 CFR 261.22,
261.23,
or 261.24
(corresponding with 35 Ill.
Adin.
Code 721.122, 721.123,
and 721.124) characteristic wastes, effective May 8,
1992.
The
amendment to renumbered paragraph
(g) broaden the inapplicability
of this section to include paragraphs
(a) through
(f).
The Board proposes amendments identical to the federal
revisions, with structural changes focused on the deletion of
past effective dates and consolidating waste listings for ease of
use by the regulated community,
very similar to the revisions
proposed for Sections 738.114 and 738.115.
New federal paragraph
(d) has an effective date of August
8,
1990.
New federal
paragraph
(e) has an effective date of November 8,
1990.
The
Board proposes elimination of these past dates.
On the other
hand, new USEPA paragraph
(f) corresponding to subsection
(c)
in
the proposed Board amendments)
still has a future effective date.
The Board proposes retaining this as yet future effective date.
Associated with the elimination of the past effective dates
is the elimination of the caveat at the end of new 40 CFR
148.16(e).
That paragraph,
reciting a prohibition effective
November
8,
1990,
clarifies that this provision does not effect
wastes prohibited under 40 CFR 148.12(b),
for which the effective
date
is August
8,
1990.
Since both are past effective dates are
past, the Board eliminates the caveat entirely.
However, the
Board retains a similar caveat in part.
New 40 CFR 148.16(f),
effective May 8,
1992,
states that its effective date does not
apply to wastes prohibited by 40 CFR 148.12(b),
effective August
8,
1990.
The Board eliminates the August 8,
1990 date and
renders this caveat as subsection
(C)
(3)
as follows:
3)
The effective date of subsections
(c) (1)
and
(c) (2)
do not apply to the wastes listed in
Section 148.112(b) which are prohibited from
underground injection.
As with Sections 738.114 and 738.115, elimination of the
immaterial past effective dates,
in this and the P89-2 and P89-
11 proceedings, leaves the regulatory structure somewhat
convoluted and potentially confusing to the regulated community.
Underground injection of 261.31-listed wastes
is presently
prohibited by 40 CFR 148.16(c); underground injection of some
261.32-listed wastes
is presently prohibited by 40 CFR 148.16(a),
(b),
(c),
and
(e); underground injection of some 261.33-listed
wastes is presently prohibited by 40 CFR 148.16(b),
(c), and
(e);
and underground injection of some 261.21- and 261.24—listed
wastes is presently prohibited by 40 CFR 148.16(c).
Further,
one
form or mode of disposal of a waste is prohibited by one federal
paragraph while either all other forms or modes of disposal are
prohibited by another.
For example, section 148.16(b) prohibits
injection of
1005
and
1007
nonwastewaters,
section 148.16(c)
116—174
19
prohibits injection of K005 and KOO7 wastewaters at off-site
facilities,
and 148.16(e) prohibits injection of
1005
and 1007
wastewaters at on—site facilities.
As another example,
section
148.16(a) prohibits injection of certain K100 nonwastewaters,
and
new section 148.16(c)
simply prohibits injection of 1100
wastes.
As for Sections 738.114 and 738.115, the Board would prefer a
more cohesive structure that includes a single prohibition for
all forms and modes of disposal
of a waste in a single location.
(For these examples the Board proposes single prohibitions for
1005
and K007 wastewaters and non wastewaters and K100 wastes at
subsection
(a) (2), without reference to whether it is disposed
on-site or off—site.)
Further, the Board would prefer that a
single subsection set forth all the listed wastes from each of
the Sections 721.131,
721.132,
and 721.133 lists.
Therefore, the
Board proposes amendments that deviate structurally from the
federal regulations.
Under the Board’s proposed rules,
subsection
(a) (1)
sets
forth all the Section 721.131-listed prohibited wastes,
subsection
(a) (2)
sets forth all the Section 721.132-listed
prohibited wastes, subsection
(a) (3)
sets forth all the Section
721.133—listed prohibited wastes, and subsection
(a) (4)
sets
forth all the Section 721.121 and 721.124 characteristic
prohibited wastes with past effective dates.
The Board
eliminates distinctions as to on—site and off—site disposal
because both modes are presently prohibited under the federal
rules.
However, the Board retains the separate listing by
effective date for those wastes prohibited at a future time.
Therefore, subsection
(c)
(corresponding to federal paragraph
(f))
includes the single Section 721.122, 721.123,
and 721.124
characteristic wastes for which prohibitions become effective on
May 8,
1992.
Where one prohibition was for the wastewater form of a
waste,
and another prohibition related to the nonwastewater form
of the waste, the Board incorporates a single prohibition on the
wastewater and nonwastewater forms.
This is true for
1005
and
1007
wastes.
The Board has retained the “wastewaters and
nonwastewaters” language for clarity, although it is possible
that USEPA intended all forms of the individual listed wastes and
the Board could have also dropped the added language as
superfluous.
For K100 wastes,
40 CFR 148.16(a) prohibited injection of
“nonwastewaters generated by the process described in the waste
listing description and disposed after August 17,
1988, and not
those generated in the course of treating wastewater forms of
these wastes.”
New federal paragraph
(c)
includes a prohibition
on K100.
The Board believes that USEPA now intends
a total
prohibition on injection of this waste,
so it incorporates a
blanket prohibition at subsection
(a) (2).
116—175
20
This restructuring raises issues for which the Board seeks
public comment.
The Board requests comment as to each of the
revisions
it has made in consolidating the waste listings and
incorporating the federal prohibitions.
The Board also makes a small number of editorial revisions
to the federal base text and the prior text of the rule.
At
subsection (a)(4), derived from part of 40 CFR 148.16(c),
and
subsections
(c) (1) and
(c) (2), derived from new federal paragraph
(f), the Board renders the language as “wastes specified in
•“ for cohesiveness with the rest of the rules.
At
subsection
(b), derived from 40 CFR 148.16(d), the Board renders
“The waste~”now as plural.
New 40 CFR 148.14(f)
(rendered in
pertinent part by the Board as 35 Ill. Adm. Code 738.116(a) (4))
refers to “the wastes identified in 40 CFR 261.21, 261.23 or
261.24 as hazardous based on a characteristic alone, designated
as DOO1, DOO4,
DOO5,
DOO6,
D008, D009
.
.
.,
DOlO,
DOll,
DO12,
DO13, D014,
D015, D016,
DO17
.
.
.
.“
40 CFR 261.21
(corresponding to 35 Ill. Adm. Code 721.121)
designates EPA
Hazardous Waste Number DOOl.
40 CFR 261.24
(corresponding to 35
Ill. Adm. Code 721.121) designates EPA Hazardous Waste Numbers
D004 through D0l7.
40 CFR 261.23
(corresponding to 35
Ill. Adm.
Code 721.123) designates EPA Hazardous Waste Number DOO3, which
is not listed in this paragraph.
The Board therefore does not
add a reference to Section 721.123
(corresponding with 40 CFR
261.23).
The Board invites comment on the editorial revisions it
proposes to the federal language.
In addition to the changes in the format of the new
prohibitions identical in substance to those adopted June
1,
1990
by USEPA,
the editorial revisions outlined, and making the
structural changes described above,
the Board further updates the
Board Note to refer to the 1990 Code of Federal Regulations.
PART 728
LAND
DISPOSAL RESTRICTIONS
USEPA amended 40 CFR 268, corresponding to 35 Ill. Adm. Code
728,
at 55 Fed.
Peg.
728, June
1,
1990,
by adding a new Appendix
VIII.
That table is a comprehensive listing of the national
capacity land disposal restrictions variances granted by USEPA
for underground injection of certain wastes.
~
55 Fed.
Peg.
22645—49
(June 1,
1990).
This appendix,
in the form of a table,
lists the effective dates for the restrictions on underground
injection by Hazardous Waste Number.
This table merely restates
the effective dates for the various paragraphs of 40 CFR 148,
Subpart B
(corresponding with 35 Ill.
Adm.
Code 738.Subpart B).
As noted at the end of the appendix, “This table is provided for
the convenience of the reader.”
The appendix does not effect any
substantive requirement.
It also lists the numerous past
effective dates.
116—176
21
The Board declines to propose a counterpart to new 40 CFR
148, Appendix VIII.
The appendix has no substantive or
procedural effect.
It merely restates in summary form the
effective dates of various of the land disposal restrictions on
underground injection.
Those dates not yet past appear in 35
Ill. Adm. Code 728.Subpart B.
As observed in the preceding
discussions, the Board is
in the habit of deleting past effective
dates.
Board adoption of this table would not add to the already
voluminous underground injection control and land disposal
regulations in any way.
The Board invites comment on its decision not to propose a
counterpart to 40 CFR 268,
Appendix
VIII.
Specifically,
for
those commenters feeling that the Board should adopt such a
counterpart, should that appear
in Part 728 or 738?
Should the
Board delete the past effective
dates if
it did adopt a
counterpart?
IT IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board,
do hereby c~ify that the above Opinion of the Board was
adopted
on the
~
day of
_________,
1990, by a vote of
~7~Li~1.
2z~
Dorothy M. ,4(inn,
~J1er1~
Illinois P~lutionControl Board
116—177
