ILLINOIS POLLUTION CONTROL BOARD
    May 24,
    1990
    IN THE MATTER OF:
    R89—11
    UIC UPDATE, USEPA REGULATIONS
    )
    (Identical
    in Substance Rulemaking)
    (1—1—89 THROUGH 11—30—89)
    ADOPTED RULE.
    FINAL ORDER.
    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 amends the Underground
    Injectior.
    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,
    1989.
    The Federal Registers utilized are
    as follows:
    54 Fed. Reg. 25422
    June 14,
    1989
    54 Fed. Peg. 26647
    June 23,
    1989
    54 Fed. Reg.
    34171
    August
    18,
    1989
    54 Fed. Reg.
    35328
    August
    25,
    1989
    54 Fed. Reg. 47451
    November 14,
    1989
    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
    ended 45 days after publication of the Notice
    of Proposed Amendments
    in the
    Illinois Register on February
    21,
    1990
    (Part
    720,
    at 14
    111.
    Reg.
    3006,
    and
    Part 730, at
    14
    Ill.
    Peg.
    3014)
    and March
    7,
    1990
    (Part 738.
    at
    14
    Ill. Reg.
    3823).
    The Board received one public comment
    (P.C.
    #1)
    on April
    4,
    1990 from the Secretary of State, Administrative Code
    Division
    (Code Unit).
    The Board also received three letters from the Joint
    Committee on Administrative Rules
    (JCAR) on March
    12
    (Part 720)
    and April
    11
    (Part 730) and
    18 (Part
    738),
    1990 relating to this rulemaking.
    The third of
    these JCAR letters commented on the
    format of two subsections; the other two
    included no comments.
    The Board received no other public comments.
    The Board
    invited comments
    on various issues in its Proposed Opinion of January 25,
    1990.
    The detailed
    111—489

    2
    discussion that follows indicates each topic on which the Board invited public
    comment.
    The Board construes silence as no objection to the Boards
    approach
    to each topic.
    The Board summarizes
    the changes
    it has made to the
    text as
    proposed
    in
    response to the comments in the following detailed discussiorf.
    The Board
    revised the text of Section 730.108(a)
    in response to the Code Units
    (P.C.
    11) ~comment.
    The Board corrected the format of the proposed text of Section
    738.114(c)
    and
    (d)
    in response to the JCAR letter received April
    16,
    1990.
    DELAYED FILING OF ADOPTED AMENDMENTS
    The Board will delay filing the adopted amendments
    for 30 days from the
    date of this Opinion and the accompanying Order, particularly to allow USEPA,
    the Agency,
    and the Attorney General to review them in final
    form before they
    are filed.
    This delay
    is
    in accordance with the procedural
    track
    for
    identical in substance rulemakings embodied in the informal
    “RCRA
    Pass—
    Through Rulemakir.g/Authorization
    Revision and Review Process” agreement
    between the above entities and the Board, as amended Hay,
    1987.
    HISTORY OF RCRA,
    UST and UIC ADOPTION
    NOTE:
    For greater clarity, the Board
    is employing an alternative format
    to that previously used for the following historical
    summary of RCRA,
    UST, and
    UIC adoption.
    This alternative format includes updated information not part
    of the summaries
    in earlier RCRA,
    UST,
    and UIC opinions.
    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,
    ~04
    11l—4q0

    3
    and 106, 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.
    Dockets4 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 R82-19 and
    P.83—24.
    USEPA granted final authorization of the Illinois RCRA “base program”
    on January 31,
    1986,
    at
    51 Fed. Reg. 3778 (January 30,
    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):
    R8l—22
    45 PCB 317, September
    16,
    1981
    & February
    4,
    1982;
    6
    Ill.
    Beg.
    4828,
    April
    23,
    1982, effective May
    17,
    1982.
    (5/19/80
    through 10/1/81)
    R82—18
    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;
    9 111. 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
    .LLO, July
    11,
    1986;
    10 Ill. Beg.
    13998, August 22,
    1986,
    effective August
    12,
    1986.
    (7/1/85 through 1/31/86)
    R86—19
    73 PCB
    467, October 23,
    1986;
    10 Ill. Beg. 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;
    1.
    Ill. Beg.
    6017,
    April
    3,
    1987,
    effective March 23,
    1987.
    Correction
    at 77 PCB 235, April
    16,
    1987;
    11 Ill. Beg. 8684,
    111—491

    4
    May
    1,
    1987, effective April
    21,
    1987.
    (4/1/86 through
    6/30/86)
    R86—46
    79 PCB 676, July 16,
    1987;
    11 Ill. Beg.
    13435, August
    14,
    1987,
    effective August
    4,
    1987.
    (7/1/86 through 9/30/86)
    R87—5
    82 PCB 391, October 15,
    1987;
    11
    Ill. Beg.
    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. Beg.
    2450, January
    29,
    1988,
    effective January
    1.5,
    1988.
    (1/1/87 through 6/30/87)
    R87—32
    Correction to R86—1;
    81 PCB 163, September
    4,
    1987;
    11
    Ill.
    Beg.
    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. Beg.
    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. Beg. 18278,
    November
    27,
    1989,
    effective November
    13,
    1989.
    (8/1/88
    through 12/31/88)
    P89—9
    March
    8,
    1990;
    14 Ill. Beg.
    6225,
    April
    27,
    1990, effective
    April
    16,
    1990.
    (1/1/89 through 6/30/89)
    R90—2
    Proposal
    for Public Comment,
    April
    12,
    1990.
    (7—1—89
    through 12/31/89)
    P90—10
    Reserved Docket.
    (Toxicity Characteristic Leachate
    Procedure)
    On September
    6,
    1984,
    the Third District Appellate Court upheld the
    Board’s actions in adopting P82-19 and P83-24.
    (Commonwealth Edison Co.
    V.
    ~,
    127 Iii. 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. Beg. 24562, December
    21,
    1984,
    effective December
    11,
    1984.
    This was repealed by P85—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
    pa~ntheses):
    111—492

    5
    P85—2
    69 PCB
    314, April
    24,
    1986;
    10 Ill. Beg.
    8112,
    Hay
    16,
    1986,
    effective May
    2,
    1986.
    (9/13/85)
    P87—30
    90 PCB 665, June
    30,
    1988;
    12
    Ill. Peg. 12070, July 22,
    1988,
    effective July 12,
    1988.
    (11/14/86)
    The Board has adopted special procedures
    in Parts
    101,
    102, and 104
    for
    cases
    involving the RCRA regulations:
    P84—10
    62 PCB 87
    & 349, December
    20,
    1984 & January
    10,
    1985;
    9
    Ill.
    Beg.
    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 P86—46, listed above.
    The Board has also adopteU 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. Beg. 24124, December
    14,
    1984,
    effective December
    4,
    1984.
    R83—28
    68 PCB 295, February 26,
    1986; 10 Ill. Peg.
    4875,
    March
    21,
    1986,
    effective March
    7,
    1986.
    P86—9
    Emergency regulations adopted at
    73 PCB 427, October 23,
    1986;
    10 Ill.
    Beg.
    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.
    Cn~ quch docket, R82~18, was a RCRA docket.
    USEPA authorized the Illinois UIC
    program on February
    1,
    1984,
    at 49 Fed.
    Beg. 3991.
    The entire listing of all
    UIC rulemakings follows
    (with the period of corresponding
    federal revisions
    indicated in parentheses):
    P81—32
    47 PCB 93,
    May
    13,
    1982;
    6
    Ill. Beg.
    12479, October 15,
    1982, effective February
    1,
    1984.
    (7/7/81 through 11/23/81)
    P82—lB
    51 PCB 31, January 13,
    1983;
    7
    Ill. Peg. 2518, March 4,
    1983, effective May
    17,
    1982.
    (11/11/81 through 6/24/82)
    111—493

    6
    P83-39
    55 PCB 319, December 15,
    1983;
    7
    Ill. Peg. 17338, December
    20,
    1983,
    effective December
    19,
    1983.
    (4/1/83)
    P85—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. Beg. 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
    Jar.uary
    25,
    1990;
    14 Ill. Req.
    3059,
    March
    2,
    1990,
    effective February 20,
    1990.
    (7/1/88 through 12/31/88)
    P89-11
    This Docket.
    (1/1/89 through 11/30/89)
    P90-5
    Dismissed on March
    22,
    1990.
    (No USEPA amendments
    12/1/89
    through 12/31/89)
    History of UST Rules Adoption
    The Board adopted Underground Storage Tank
    (UST)
    rules in P86-1
    and P.86-
    28,
    which were also RCP.A 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 235, April
    16,
    1987;
    Il
    Ill. Peg. 8684,
    May
    1,
    1987,
    effective April
    21,
    1987.
    (4/1/86 through
    6/30/86)
    888—27
    98 FCB 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;
    13 111. Peg. 15010, September
    22,
    1989,
    effective September 12,
    1989.
    (10/26/88)
    111—
    494

    7
    P89-10
    March
    1,
    1990;
    14 Ill. Peg.
    153, January
    5,
    1990,
    effective
    April
    10,
    1990.
    (10/27/88 through 6/30/89)
    P89—19
    April
    26,
    1990.
    (UST Fund Legislative Mandate)
    R90—3
    Proposal
    for Public Comment March
    8,
    1990;
    ~4
    Ill. Peg.
    4406,
    March
    23,
    1990.
    (7/1/89 through 12/31/90)
    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 1989.
    June
    14
    Additional restrictions
    or, underground injection of First
    Third Wastes.
    June 23
    Restrictions on underground injection of Second Third Wastes
    and Third Third Wastes.
    August 18
    Interim approval of a water—brine interface mechanical
    integrity test
    for Class
    III salt solution mining injection
    wells.
    August 25
    Correction to the additional
    restrictions on underground
    injection of First Third Wastes.
    November 14 Correction to the interim approval of
    a water—brine
    mechanical
    integrity test.
    DETAILED DISCUSSION
    PART
    720
    HAZARDOUS WASTE MANAGEMENT
    SYSTEM:
    GENERAL
    SUBPART
    A:
    GENERAL
    PROVISIONS
    The primary aspects of the proposed amendment to Part
    720 are discussed
    below
    in the discussion of Part 730.
    The proposed amendment was limited to
    the addition of
    a Federal Register reference at subsection
    (d) to
    support
    the
    proposed amendment to Part 730.
    This Federal Register describes the
    alternative test method that USEPA granted interim approval.
    Adding the
    Federal Register reference would have required redesignating existing
    subsection
    (d)
    as subsection
    e).
    The Board did not
    adopt the proposed
    amendment
    to
    Part 720.
    The reasons
    for this are cited below in the discussion of the proposed amendments to Part
    730,
    also
    not
    adopted in significant part.
    U 1—495

    8
    PART
    730
    UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS
    SUBPART A:
    GENERAL
    Section 730.108
    Mechanical Integrity
    This Section derives from 40 CFR 146.8.
    At 54 Fed. Peg. 34169
    (August
    18,
    1989), USEPA granted a two-year
    interim
    approval to a well integrity test
    for Class
    III salt solution mining injection wells.
    This Water—Brine
    Interface mechanical integrity test is an alternative granted interim approval
    under
    40 CFP 146.8(d)
    to the tests specified at 40 CFR 146.8(b).
    USEPA
    subsequently published a correction to this interim approval at
    54 Fed. Reg.
    47451 on November
    14,
    1989.
    The Board proposed a revision to corresponding
    Section 35 Ill. Adm. Code
    730.108(b)
    to reflect this interim approval,
    in order
    to open Section 730.108
    to possible amendment.
    The Board
    invited
    comment,
    both
    as
    to
    its
    intent
    not
    to
    adopt
    this
    proposed
    amendment
    and
    to
    the
    proposed
    text
    if
    such
    amendment
    were necessary,
    and received none.
    Therefore,
    the Board does not adopt this
    proposed
    amendment
    to
    Part
    730
    (and
    Part
    720).
    As set forth in the January 25,
    1990 Proposed Opinion for the sake of
    comment,
    the proposed amendment to Section 730.108 would
    have,
    in significant
    portion,
    taken the following form:
    b)
    3)
    Until September
    18,
    1991,
    for Class
    III salt solution mining
    injection
    wells,
    the
    Water—Brine
    Interface
    Test
    described
    at
    54 Fed.
    Beg.
    34169,
    August
    18,
    1989,
    incorporated by
    reference
    at
    35
    Iii.
    Adm.
    Code
    720.111.
    Several factors militated against adoption of the proposed amendment.
    In the past,
    the Board has generally refrained from proposing amendments based
    on federal interim actions.
    Rather, the Board has adopted only final
    federal
    regulatory
    amendments.
    Second, Section 730.108(d)
    authorizes the
    Agency to
    allow use of alternative mechanical
    integrity tests.
    This would
    arguably
    allow the Agency to permit use of the alternative test granted interim federal
    approval
    if necessary.
    Finally,
    the Board
    is unaware whether any Class
    III
    salt solution mining injection wells presently exist
    in Illinois.
    The Board
    follows
    its
    past
    practice
    in
    this
    instance
    and
    does
    not
    adopt
    this
    proposed
    amendment.
    The
    Board
    also
    proposed
    a
    number
    of
    minor
    editorial
    corrections
    to
    this
    Section in its January 25,
    1990 Proposed Order.
    The Board amends “paragraph”
    to “subsection” wherever it appears and changes “sections” to “Sections”
    in
    subsection
    (a)
    (in
    response
    to
    P.C.
    #1),
    in
    order
    to
    comport
    with
    the
    Illinois
    Administrative Code format;
    the Board
    amends
    “it”
    to “the test” at subsection
    (d),
    for clarity;
    and the Board uses
    “it” instead of the gender—biased
    “he”
    at
    subsection
    (e).
    PART
    738
    111—496

    9
    SUBPART B:
    PROHIBITIONS ON INJECTION
    During the present update period, USEPA added to the restrictions on
    injection of First Third Wastes
    (40 ‘CFR 148.14),
    promulgated restrictions of
    Second Third Wastes
    (40 CFR 148.15),
    and promulgated the first few
    restrictions on injection of Third Third Wastes
    (40 CFR 148.1,6).
    USEPA also
    adopted technical corrections to the prohibitions on injection of solvent
    wastes
    (40 CFR 148.10) and dioxin-containing wastes
    (40 CFR 148.11).
    The Board adopts parallel amendments to the corresponding sections
    in 35
    Ill.
    Adm.
    Code 738 in a partially revised format.
    The Board has also
    reformatted those existing subsections of Sections
    738.110 through 738.114
    that contained listings of hazardous wastes by EPA Hazardous Waste number.
    The new format is also used for the similar subsections of new Sections
    738.115 and 738.116.
    This format is similar to that adopted by the Board
    for
    similar listings
    in Part
    728,
    the RCRA portions of the land ban rules.
    The
    Board
    believes that,
    while maintaining its rules as identical
    in substance
    with the corresponding
    federal rules,
    the new format will enhance readability
    and
    facilitate
    future revisions.
    The Board invited comment on this proposed
    new format
    and received none.
    Section 738.110
    Waste Specific Prohibitions
    Solvent Wastes
    Section 738.111
    Waste Specific Prohibitions
    Dioxin—Containing Wastes
    Secti6n 738.110 derives from 40 CFR 148.10
    (1988), and Section 738.111
    derives from 40 CFR 148.11
    (1988), both as amended at 53 Fed.
    Peg.
    28155
    (July
    26,
    1988).
    USEPA made technical corrections at 54 Fed; Peg. 25422
    (June
    14,
    1989).
    The effect of these corrections
    is to delete subsections
    148.10(c)(4)
    and 738.ll(b)(4)
    (corresponding to 35
    Ill. Adm. Code 738.l10(c)(4)
    and
    738.111(b) (4)), which refer to treatability variances at 40 CFR 268.44
    (adjusted treatment standards at 35 Ill. Adm. Code 728.144).
    USEPA replaces
    this with
    language at subsections l48.10(c)(1)
    and l48.1l(b)l)
    (corresponding
    to 35
    111. Adm. Code 738.l10(c)(l) and 738.111(b)(1))
    that,
    in the opinion of
    USEPA, would achieve the same result.
    This revised language allows exception
    from the ban if the wastes are treated to meet the standards of 40 CFR 268,
    Subpart D
    (corresponding to 35
    Ill. Adm. Code 738.Subpart D).
    The Board adopts parallel
    amendments to the corresponding portions of
    subsections 738.110(c)
    and 738.111(b).
    The Board also updates the Board Notes
    to these Sections.
    Section 738.114
    Waste Specific Prohibitions
    First Third Wastes
    Section 738.114 derives from 40 CFR 148.14, as added at
    53 Fed. Peg.
    30918
    (August
    16,
    1988).
    USEPA amended 40 CFR 148.14 at
    54 Fed. Peg. 25423
    (June
    14,
    1989),
    54 Fed,
    Beg.
    26647
    (June
    23,
    1989),
    and 54
    Fed. Beg. 35328
    (August 25,
    1989).
    The effect of the June 14 and 23 amendments
    is to complete
    the listing of First Third Wastes restricted from underground injection, which
    USEPA initiated on August
    16,
    1988.
    The ban on some
    of these wastes,
    now
    listed as
    40 CFR 148.14(a),
    (b),
    and
    (c)
    (proposed
    35
    Ill. Adm,
    Code
    738.114(a),
    (b), and
    (c)) took effect June 7
    and 8,
    1989.
    The ban on the
    others,
    now listed as 40 CFR 148.14(c) and
    (f)
    (proposed 35
    Ill. Adm. Code
    111—497

    10
    738.114(e)
    and
    (f)) will take effect on June
    7 and
    8,
    1991.
    The amendments of
    August 25 corrected an error at 40 CFR 148.14(a)
    (corresponding to 35 Ill.
    Adxn. Code 738.114(a)) with regard to K101 and K102 wastes.
    The prohibition
    against injection of these two wastes will now affect only KlOl and K102
    nonwastewater wastes containing less than one percent total arsenic and all
    wastewaters.
    USEPA will later promulgate a date for the banon
    K101 and K102
    nonwastewater wastes with an arsenic content greater than or equal to one
    percent.
    The Board adopts corresponding amendments to Section 738.114.
    However,
    the Board slightly revises the federal text.
    The Board’s amendments delete
    the past effective dates
    from subsections
    (a),
    (b), and
    (c).
    Aside from the
    format change noted above, the Board’s amendments
    also include a small number
    of grammatical and punctuation revisions
    (i.e. using
    “one percent” in place of
    “1”,
    inserting “those” where
    necessary, changing
    “numbers” to “number”
    where
    only one waste
    is listed, and using
    “through’S
    instead of listing the several
    subsections).
    The Board invited comment on these revisions to the federal
    text and received none.
    The Board also updates the Board Note to this
    Section.
    Section 738.115
    Waste Specific Prohibitions
    Second Third Wastes
    Section 738.116
    Waste Specific Prohibitions
    Third Third Wastes
    Sections 738.115 and 738.116 derive from 40 CFB 148.15 and 148.16, as
    added at
    54 Fed. Peg. 25423
    (June
    14,
    1989)
    and amended at 54 Fed. Peg. 26647
    (June 23,
    1989).
    New 40 CFR 738.115 lists Second Third Wastes prohibited from
    underground injection.
    New Section 738.116 lists the
    initial Third Third
    Wastes similarly prohibited.
    Similarly to 40 CFR 738.114, which
    lists the
    First Third Wastes,
    40 CFR 738.115 and 40 CFR 738.116 both List past effective
    dates,
    and they both list the same conditions under which the prohibitions do
    not
    apply.
    The Board adopts 35 Ill. Adm. Code 738.115 and 738.116 to correspond
    with the new federal sections.
    However,
    the Board slightly revises the
    federal text of both sections.
    These revisions are similar to those made to
    the Section 738.114 language, with only one large deletion of federal text.
    One prohibition at 40 CFB 148.15(c) was for a temporary period already past.
    In the course of deleting past effective dates from the
    federal text,
    the
    Board deleted this entire prohibition.
    Aside
    from this,
    and those grammatical
    and punctuation revisions of the type noted
    for Section 738.114, the Board
    also adds “from underground injection” to clarify the subsection 738.115(c)
    prohibition.
    The Board invited comment on these revisions to the federal text
    and received none.
    The Board also updates the Board Notes to these Sections.
    IT IS SO ORDERED.
    111—498

    11
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do
    hereby certify that the above Opinion of the Board was adopted on the
    ________
    day of
    __________,
    1990,
    by a vote
    of
    7
    C
    g
    72
    ,~.
    Dorothy
    M. G~n, Clerk
    Illinois Po~lutionControl Board
    111—499

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