ILLINOIS POLLUTION CONTROL BOARD
    January
    11,
    1990
    IN THE MATTER OF:
    RCRA UPDATE,
    USEPA REGULATIONS
    )
    R89-9
    (1-1—89 THROUGH 6—30—89)
    )
    (Rulemaking)
    ORDER OF THE BOARD
    (by J. Anderson):
    The Board adopted
    a proposed Opinion and Order
    in this
    matter
    on December
    6,
    1989.
    The proposed regulations appeared
    on
    January
    5,
    1990,
    at
    14
    ill. Reg.
    120.
    Section 22.4(a)
    of
    the Environmental Protection Act
    (Act)
    requires the Board
    to adopt regulations which are “identical
    in
    substance”
    with USEPA hazardous waste
    rules adopted pursuant
    to
    the Resource Conservation and Recovery Act
    (PCRA)
    .
    The term
    “identical
    in substance has recently been defined
    ~n Section 7.2
    of the Act.
    Section
    7.2(b)
    requires the Board
    to
    adopt
    a rule
    within one year of adoption
    of the federal
    rule,
    unless the Board
    extends
    the time based on
    a
    finding that the time
    is
    insufficient
    and stating
    the reasons.
    The Board
    is entering this Order
    to
    extend the time.
    Under Section 7.2
    of the Act, Board action on this
    update
    is
    required within one year after
    adoption of
    the first USEPA
    rule
    in the batch.
    As
    is detailed
    in the December
    6,
    1989 Opinion,
    the earliest
    Federal Registers were January
    6,
    27 and 30,
    1988.
    As also noted in the Opinion,
    the first two of
    these may not
    result
    in any change
    to the Board
    rules.
    Action
    is therefore due
    by January 30,
    1990,
    and possibly earlier, depending on the
    comment
    received
    in
    R89—9.
    The comment period will end on
    approximately February
    20,
    1990.
    The next Board meeting will
    be
    February
    22,
    1990.
    It will therefore be necessary
    to extend the
    decision date
    in this matter.
    As noted
    in the “reasons for delay” Order entered
    in R89—l
    on August
    31,
    1989,
    the number of
    federally—driven programs
    requiring adoption of
    large blocks of rules has expanded from two
    (RCRA and UIC)
    to five
    (including Pretreatment, UST and SDWA).
    In the last year the Board has devoted substantial
    resources
    to
    initial adoption of two large new programs
    (UST and SDWA),
    and
    to
    an
    unusually large RCRA update (R89—l).
    The Board has recently
    received funding
    for expansion of staff
    to manage these large
    rulemakings.
    The Board believes
    that
    it will
    be able to return
    to schedule as
    its expanded staff gains experience.
    10 7—177
    —2—
    The Board directs
    that these reasons be published
    in the
    Illinois Register pursuant
    to Section 7.2 of the Act.
    IT
    IS SO ORDERED.
    I, Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board,
    hereby cert,ify that the above Order was adopted~n
    the
    ,‘
    t~
    day of
    ~
    ~-‘
    ,
    1990,
    by a vote of
    /
    —
    2
    ~
    (•~
    ~-~(J
    ~•
    ~~//
    ~•
    Dorothy
    M. G~n, Clerk
    Illinois PoLlution Control Board
    107—178

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