ILLINOIS POLLUTION CONTROL BOARD
April 11, 1991
IN THE MATTER OF:
)
R90—l7
RCRA DELISTINGS
)
(Identical in substance
)
Rulemaking)
ORDER OF THE
BOARD
(by J. Anderson):
On February 28, 1991, the Board adopted a final Opinion and
Order in this matter, allowing post—adoption comment for 30
days. The Board has received no post-adoption comment, but on
its own motion is hereby reconsidering and amending the February
28, 1991, Opinion and Order in order to better assure proper
notice.
Since February 28, an administrative problem was identified
when an adjusted standard petition was filed pursuant to the
adopted rules. The Board will modify the adopted rules to
correct the problem, as detailed below, and will file the rules
with the Secretary of State as soon as possible.
The new delisting adjusted standards rules require the Clerk
of the Board to send all opinions and orders to two USEPA
offices, Region 5 and “headquarters”. However, the rules do not
require the petitioner to label the petition as a “RCRA delisting
adjusted standard”. Adding this identifying label will alert our
Clerk’s Office, which handles a large quantity of filings in a
sizeable number of categories, of the need for special
notification. The Board will therefore add the following
sentence to Section 720.122(n): “The petition must be clearly
labeled as a RCRA delisting adjusted standard petition.” The
result will be that Section 720.122(n) will read as follows:
n) Delistings which have not been adopted by USEPA may be
proposed to the Board pursuant to a petition for
adjusted standard pursuant to 35 Ill. Adm. Code
l06.Subpart G. The justification for the adjusted
standard is as specified in subsections (a) etseq., as
applicable to the waste in question. The petition must
be clearly labeled as a RCRA delisting adjusted standard
petition.
1) In accordance with 35 Ill. Adm. Code 106.710, the
petitioner shall serve copies of the petition, and
any other documents filed with the Board, on USEPA
at the following addresses:
121—553
—2—
USEPA
Office of Solid Waste and
Emergency Response
Washington, D.C. 20460
USEPA, Region V
230 S. Dearborn Street
Chicago, IL 60604
2) The Board will mail copies of all opinions and
orders to USEPA at the above addresses.
3) In conjunction with the normal updating of the RCRA
regulations, the Board will maintain, in 35 Ill.
Adm. Code 721.Appendix I, a listing of all adjusted
standards granted by the Board.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that 0the above Order was adopted on
the
~
day of
______________
,
1991, by a vote of
7—c
Dorothy M. G~4in, Clerk
Illinois Pol~’utionControl Boar’~
12 1—554