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