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.

ORDER OF THE BOARD

 (By 3. Anderson):

Pursuant to Sections 13(c)

 and 22.4(a)

 of the Environmental Protection

Act

 (Act), the Board

 is amending the Underground Injection Control

 (UIC)

regulations.

Both Sections provide for quick adoption of regulations which are

‘identical

 in substance~ to federal regulations and that Title VII of the Act

and Section

 5 of the Administrative Procedure Act

 (APA)

 shall not apply.

Because this rulemaking

 is not subject to Section 5 of the APA,

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 major

federal amendments more fully outlined in the accompanying Opinion.

This Order

 is supported by an Opinion adopted on the same day.

The

Board received public comment on the proposal for a period of 45 days

following its publication in the Illinois Register on February 21, 1990 (Part

720,

at

 14 Ill. Reg.

 3006,

 and Part 730,

at

 14 Ill. Reg. 3014)

 and March

7,

1990

 (Part

 738,

at

 14 Ill. Reg. 3823).

 The complete text of the adopted rules

follows.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control Board, hereby

cert4~ithat the above Order was adopted on the

______________

 day of

~7.

 1990, by a vote of

_______________

~7.

/

Dorothy H.

 Gu~’n, Clerk

Illinois

 Pol1’jtion Control Board

111—501

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL ~0ARD

SUBCHAPTER

d:

 UNDERGROUND INJECTION CONTROL AND UNDERGROUND

STORAGE

TANK

PROGRAMS

PART

730

UNDERGROUND

INJECTION

 CONTROL OPERATING REQUIREMENTS

SUBPART A:

GENERAL

Section

730.101

 Applicability, Scope and Effective Date

730.102

 Laws Authorizing Regulations

730.103

 Definitions

730.104

 Criteria for Exempted Aquifers

 730.105

 Classification of Injection Wells

730.106

 Area of Review

730.107

 Corrective Action

730.108

 Mechanical Integrity

730.109

 Criteria

 for Establishing Permitting Priorities

730.110

 Plugging and Abandoning Class

 I and

 III Wells

SUBPART B:

 CRITERIA AND STANDARDS APPLICABLE

TO CLASS

 I NON-HAZARDOUS WELLS

Section

730.111

 Applicability

730.112

 Construction Requirements

730.113

 Operating,

 Monitoring

 and Reporting Requirements

730.114

 Information to be Considered by Agency

SUBPART C:

 CRITERIA AND STANDARDS APPLICABLE

TO CLASS

 II WELLS

Section

730.121

 Adoption of Criteria and Standards Applicable to Class

 II Wells by

the Illinois Department of Hines and Minerals

SUBPART D:

 CRITERIA AND STANDARDS APPLICABLE

TO CLASS

 III WELLS

Section

730.131

 Applicability

730.132

 Construction Requirements

730.133

 Operating,

 Monitoring

 and Reporting Requirements

730.134

 Information to be Considered by the Agency

SUBPART

F:

 CRITERIA AND STANDARDS APPLICABLE

TO CLASS V INJECTION WELLS

Section

730.151

 Applicability

730.152

 Inventory and Assessment

111—502

3

SUBPART G:

 CRITERIA

AND

STANDARDS APPLICABLE TO CLASS

I

HAZARDOUS WELLS

Section

730.161

 Applicability and Definitions

730.162

 Minimum Criteria for Siting

730.163

 Area of Review

730.164

 Correction Action for Wells

 in the Area of Review

730. 165

 Construction Requirements

730.166

 Logging,

 sampling and Testing Prior to New Well Operation

730.167

 Operating Requirements

730.168

 Testing and Monitoring Requirements

7~0.169

 Reporting Requirements

730.170

 Information to be Evaluated by the Director

730.171

 Closure

730.172

 Post-Closure Care

730.173

 Financial Responsibility

 for POst—Closure Care

AUTHORITY:

 Implementing Sections 13 and 22.4 and authorized by Section 27 of

the Environmental Protection Act

 (Ill.

 Rev. Stat.

 1987 and 1988 Supp.

ch.

111

1/2,

 pars.

 1013,

 1022.4 and 1027).

SOURCE:

 Adopted in R81—32,

 47 PCB 93,

at

 6 Ill. Reg. 12,479, effective

as,

noted

 in 35 Iii. Adm. Code 700.106;

 amended

 in R82—19,

 53 PCB 131

at

 7 Ill.

Reg. 14426 effective as noted

 in 35

 Ill. Adm. Code 700.106; recodified at 10

Ill.

Reg.

14174;

amended

R89—2

Ill.

Reg.

3130,

effective

February

20,

1990; amended in R89-11 at 14 Ill. Reg.

 effective

SUBPART A:

 GENERAL

Section 730.108

 Mechanical Integrity

a)

 The applicant or permittee must demonstrate mechanical

 integrity

when required by other Sections.

 An injection well has mechanical

integrity

if:

1)

 There

 is no significant leak in the casing, tubing or

packer; and

2)

 There

 is no significant fluid movement

 into an underground

source of drinking water through vertical channels adjacent

to the injection bore.

b)

 One of

the

 following tests may be used to demonstrate the absence

of significant

 leaks under paragraphsubsection

 (a)(1):

1)

 Monitoring of annulus pressure; or

2)

 Pressure test with liquid or gas.

c)

 One of the

 following methods may be used to determine the absence

of significant

 fluid movement under p~ragraphsubsection (a)(2):

111—503

4

1)

 The results of a temperature or noise

 log; or

2)

For

Class

 III wells where the nature of the casing precludes

the use of the

 logging techniques prescribed at

parcigraphsubsection

 (c)(1),

 cementing records demonstrating

the presence of adequate cement to prevent migration; or

3)

 For Class

III

wells

where

the

Agency

elects

rely

cementing records to demonstrate the absence of significant

fluid movement, the monitoring program prescribed by 35

 Ill.

Adm. Code 730.113(b)

 shall be designed to verify the absence

of significant fluid movement.

d)

 The Agency may allow the use of a test to demonstrate mechanical

integrity other than those listed in paragraphssubsections

 (b) and

(c).

 To obtain approval, the owner or operator shall submit

a

written request to the AgencyT which shall sets forth the proposed

test and all technical data supporting

 its use.

 The Agency shall

approve the request

 if 4~thetest will reliably demonstrate the

mechanical

 integrity of wells

 for which

 its use is proposed.

e)

 In conducting

 and evaluating

 the tests

 enumerated

 in this ~ection

or others to be allowed by the Agency, the owneror operator and

the Agency shall apply methods and standards generally accepted in

 the indestry.

 When the owner or operator reports the results of

mechanical

 integrity tests

 to the Agency, heit shall include a

description

 of the test and the method used.

 In making

its

evaluation,

 the Agency shall review monitoring

 and other test data

submitted since

 the previous evaluation.

(Source:

 Amended at

14

 Ill. Reg.

 effective

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

d:

 UNDERGROUND INJECTION CONTROL AND UNDERGROUND

STORAGE TANK PROGRAMS

PART 738

HAZARDOUS WASTE

 INJECTION RESTRICTIONS

SUBPART A:

 GENERAL

Section

738.101

 Purpose Scope and Applicability

738.102

 Definitions

738.103

 Dilution Prohibited as a Substitute

 for Treatment

738.104

 Case—by-Case Extensions of an Effective Date

738.105

 Waste Analysis

SUBPART B:

 PROHIBITIONS ON INJECTION

Section

111—504

5

738.110

 Waste Specific Prohibitions

—

 Solvent Wastes

738.111

 Waste Specific Prohibitions

—

 Dioxin—Containing Wastes

738.112

 Waste Specific Prohibitions

—

 California List Wastes

738.114

 Waste Specific Prohibitions

—

 First Third Wasteg

738.115

 Waste Specific Prohibitions

—

 Second Third Wastes

738.116

Waste

Specific

Prohibitions

—

 Third Third Wastes

SUBPART

PETITION

STANDARDS

AND

PROCEDURES

Sect ion

738.120

 Petitions to Allow Injection of a Prohibited Waste

738.121

 Required Information to Support

Petitions

738.122

 Submission,

 Review and Approval or Denial of Petition8

738.123

 Review of Adjusted Atandards

738.124

 Termination of Adjusted Standards

AUTHORITY:

 Implementing Section 13 and 22.4 and authorized by Section 27 of

the Environmental Protection Act

 (Ill.

 Rev. Stat.

 1987,

ch.

 111 1/2, pars.

1013,

 1022.4 and 1027).

SOURCE:

 Adopted in R89-2

 at 14 Ill. Reg.

 3059,

 effective February 20,

 1990;

amended in R89—11 at

 14 Ill.

 Reg.

 effective

SUBPART B:

 PROHIBITIONS ON INJECTION

Section 738.110

 Waste Specific Prohibitions

—

 Solvent Wastes

a)

 35 Ill. Adm Code 721.131 spent solvents:

 The spent solvent wastes specified in 35 Ill. Adm. Code

721.131 esby the

 following EPA Hazardous Waste

 numbers FOOl,

F-OO-2,

 rOOJ,

 F004 and

 FOOS are prohibited from underground

injection unless the solvent waste

 is a solvent—water

mixture är solvent—containing

 sludge containing

 less than

1

percent total of the following FOOl through F005 solvent

consitituents

 listed

 in subsection

 (a(2~:

FOOl

F00 2

F00 3

F004

F005

FOOl

through

F005

solvent

constituents:

Acetone

n-Butyl alcohol

Carbon

disulfide

Carbon tetrachioride

Chlorobenzene

Cresols and cresylic acid

Cyclohexanorie

1, 2—Dichlorobenzene

111—505

6

Ethyl

acetate

Ethyl benzene

Ethyl ether

Isobutanol

Methanol

Methylene chloride

Methylene chloride

 (from the pharmaceutical

 industry)

Methyl ethyl ketone

Methyl isobutyl ketone

Nitrobenzene

Pyridine

Tetrachioroethylene

To1uene

1,1, l—Trichloroethane

 1, 1,2—Trichloro—1

2,

2-trifluoroethane

Trichloroethylene

Trichlofluoromethane

Xy1ens

b)

 Effective August

B,

 1990,

 all spent

 FOOl through FOOS solvent

wastes containing

 less than

 percent total FOOl through FOOS

solvent constituents

 listed in subsection

 (a)(2) are prohibited

from injection.

 The requirements of subsections

(a)

or

 (b) do not apply:

1)

 If the wastes meet or are treated to meet the standards of

35

 Ill. Adm. Code 728.44~5ubpart_D; or

2)

 If an adjusted standard has been granted in response to a

petition under Subpart C; or

3)

 During the period of extension of the applicable effective

date,

 if an extension has been granted under Section

738.4-4~Subpart_Di—e~

4)

 During the per~-odthe waste

 has bcen granted on odju3-ted

~-r-eutment

 standara

unde-r

...,

 Adm.

 Co-dc 728.144.

BOARD

 NOTE:

 Derived from 40 CFR 148.10

 (19889),

 o.~~

53 Fed.

 flcg.

 28155,

 July- 26,

 1938.

(Source:

 Amended at

 14 Ill. Rag.

 effective

Section 738.111

 Waste Specific Prohibitions

—

 Dioxin-Containing Wastes

a)

 The dioxin—containing wastes specified in

 35 Ill.

Adm.

 Code

721.131 esby the

 following EPA Hazardous Waste numbers F020,

 rO21,

Fc~22, F023,

 r026,

 FO27 and r028 are prohibited from underground

injection--:

FO2O

111—506

7

F02.

P022

P023

P026

F027

PC28

b)

 The requirements of subsection

(a)

 do not apply:

1)

 If the wastes meet or are treated to meet the standards of

35 Ill.

Adm.

 Code 728.~4-~Subpart_D;or

adjusted

standard

has

 been granted in response to a

petition under Subpart

 C; or

3)

 During the period of extension of the applicable effective

date,

extension

has

been

granted

under

 Section

738.104;

-or

4)

 During the

period

 the waste has b-e-?n granted an adjusted

3tandard under 3~Ill.

Adrn.

 Code 723.144.

BOARD

 NOTE:

 Derived from 40 CFR 148.11

 (19869), a~added

at

53 red.

 flcg.

281-55,

July

26,

 1988.

(Source:

 Amended at 14

 Ill. Reg.

 effective

Section 738.114

 Waste Specific Prohibitions

—

 First Third Wastes

The

wastes

specified

 Ill.

Adm.

Code

721.131

the

following EPA Hazardous Waste number are prohibited from

underground

in-iection:

F006 (nonwastewaters~

The

wastes

specified

 35 Ill. Adm. Code 721.132 by the

following EPA Hazardous Waste numbers are prohibited from

underground

 in-jection:

KOOl

K015

(wastewaters)

K016

 ~at concentrations greater than or equal to one

percent

K018

KO19

K020

K021

(nonwastewaters

generated

 by the process

described

 the waste listing description and

disposed

after

August

17,

1988,

and

not

those

generated

 in the course

treating

wastewater

forms

of these wastes)

K022

 (nonwastewatersi

111—507

8

XC24

XC30

K036 (nonwastewaters generated by the process

described

 in the waste

 listing description and

disposed after August

17,

 1988, and not those

peperated in the course of treating wastewater

forms

these

wastes)

XC37

K04 4

K04 5

nonexplosive K046 (nonwastewaters)

K047

K048

K060 (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

these

wastes)

K061 (nonwastewatersi

rioncalciurn sulfate K069 (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)

1(086

 solvent washes

1(087

1(099

1(101

 (all wastewaters

and

 less than one percent total

arsenic nonwastewatersj

Kl02

 (all wastewaters

and

 less than one percent total

arsenic nonwastewaters)

K103

 The waste specified in 35 Ill.

 Adm. Code 721.132 by the

following EPA Hazardous Waste number are prohibited

 from

underground

 injection:

1(036

 (wastewaters)

 The waste specified in 35 Ill.

 Adm.

 Code 721.133 by the

following EPA Hazardous Waste numbers are prohibited

 from

underground injection:

P030

P039

P041

P063

P071

P089

P094

P097

U22.1

111—503

9

U223

5j

 The wastes specified in 35

 111. Mm.

 Code 271.131 by the following

EPA Hazardous Waste numbers are prohibited from underground

Ln~ection:

P008

P009

e~)

 Effective August

8,

 1990,

 the wastes specified in 35 Ill. Adm.

Code 721.132

 e-sby the following EPA Hazardous Waste numbers K049,

1(0-50,

 1(051, K02,

 K062,

 1(07-1 and 1(104 are prohibited from

underground injection--:

1(049

XC50

1(051

1(052

1(062

1(071

1(104

~j

 Effective June

7,

 1991,

 the wastes specified

 in 35

 Ill. Mm.

 Code

721.132 by the following EPA Hazardous Waste number are prohibited

from underground in~ection:

1(016

 (at concentrations greater than one percent)

LI

fl

 Effective June 8.

 1991, the wastes specified

 in 35

 Ill. Adm.

Code 721.1.31 by the following EPA Hazardous Waste number are

prohibited

 from underground injection:

P007

21

 Effective June

8,

 1991. the wastes specified

 in 35 Ill.

 Adni.

Code 721.132 by the following EPA Hazardous Waste numbers

are prohibited

 from underground injection:

1(011

 (nonwastewaters)

1(013

 (nonwastewaters)

~g)

The

requirements

subsections

(a)

through

(f)

not

apply:

1)

 If the wastes meet or are treated to meet the applicable

standards specified in 35 Ill. Mm.

 Code 728.Subpart D; or

2)

 If an adjusted

 standard has been granted in response to a

petition under Subpart C; or

3)

 During the period of extension of the applicable effective

date,

 if an extension

 is granted under Section 738.104.

1 11—509

10

BOARD NOTE:

 Derived from 40 CFR 148.14

 (19889),

 as added

at

53 Fed.

 fleg.

 30910, August

16,

 l98Oamended at

 54 Fed. Reg.

35328, August

25,

 1989.

(Source:

 Amended at

 14 Ill. Reg.

 effective

Seátion 738.115

 Waste Specifiec Prohibitions

—

 Second Third Wastes

~J

 The wastes specified in 35 Ill.

 Adm. Code 721.132 by the following

EPA Hazardous Waste number are prohibited

 from underground

injection:

1(025

 (nonwastewaters generated by the process described in

the waste

 listing descriotjon

 and disposed after August

17,

1988,

 and not those generated

 in the course of treating

wastewater

 forms of these wastes)

~j

fl

 The wastes specified

 in 35 Iii.

 Adm.

 Code 721.131 by the

following EPA Hazardous Waste numbers are prohibited from

underground inlection:

FOlO

P024

21

 The wastes specified in35

 Ill. Adm.

 Code 721.132 by the

following EPA Hazardous Waste numbers are prohibited from

underground

 injection:

1(009 nonwastewater~j

1(010

1(027

1(028

KC29

 (nonwastewaters)

1(038

1(039

1(040

1(043

1(095

 (nonwastewaters)

1(096 (nonwastewaters)

1(113

1(114

1(115

1(116

.~j.

 The wastes specified

 in 35 Ill. Adm. Code .721.133 by the

following EPA Hazardous Waste numbers are prohibited from

underground injection:

P029

P040

P043

PC44

111—510

11

P062

PC74

P085

P098

P104

P106

P111

U028

UO58

Ul07

U235

çj.

 The wastes specified

 in 35 Iii. Mm.

 Code 721.131 by the following

EPA Hazardous Waste numbers are prohibited from underground

injection pursuant to the treatment

 standards specified

 in 35

 Ill.

Mm.

 Code 728.141 and 728.143 applicable to FOll and P012

wastewaters and nonwastewaters:

FOll

 (nonwastewaters)

F012

 (nonwastewaters)

~j_

 Effective June

8,

 1991,

 the wastes specified in 35 Ill. Mm.

 Code

721.132 by the following EPA Hazardous Waste number are prohibited

from underground in~iection:

1(009

 (wastewatersi

~j

 The requirements of subsections

 (a) through

 (d) do not

 apply:

fl

 If the wastes meet

are

treated

meet

the

applicable

standards specified in 35 Ill.

 Adm. Code 728.Subpart

D;

or

21

 If an

adjusted

standard

 has been granted in response to a

petition under Subpart C;

or

~j

 During the period of extension of the applicable effective

date,

extension

granted

under

Section

738.104.

BOARD

 NOTE:

 Derived from 40 CFR 148.15

 (1989).

(Source:

 Added at

 14 Ill.

 Reg.

 effective

Section 738.116

 Waste Specifiec Prohibitions

—

 Third Third Wastes

~j

 The wastes specified in 35 Ill. Adm. Code 721.132 by the following

EPA Hazardous Waste number are prohibited

 from underground

iniection:

1(100

 (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

these

wastes).

111—511

12

~j.

fi.

 The wastes specified in 35 Ill. Adm. Code 721.132 by the

following EPA Hazardous Waste numbers are prohibited from

underground

injection:

1(005 (nonwastewatere)

 KCO7

 (nonwastewaters)

1(023

1(093

1(094

21

 The wastes specified in 35

 Ill. Adm. Code 721.133 bya the

following EPA Hazardous Waste numbers are prohibited

 from

underground injection:

P013

P021

P099

P109

P121

U069

U08 7

U088

U 102

U190

~

 The requirements of subsections

(a)

and

(b)

 do not apply:

fl

 If the wastes meet or are treated to meet the applicable

standards specified

 in 35 Ill. Mm.

 Code 728.Subpart D; or

21

 If an adjusted standard has been granted in response to a

petition under Subpart C;

or

~j

 During the period of extension of the applicable effective

date,

 if an extension

 is granted under Section 738.104.

BOARD

 NOTE:

 Derived from 40 CFR 148.16

 (1989).

(Source:

 Added

at

 14 Ill.

 Reg.

 effective

111—512