ILLINOIS POLLUTION CONTROL BOARD
    October
    18,
    1989
    IN THE MATTER OF:
    )
    RCRA UPDATE,
    (JSEPA REGULATIONS
    )
    R89-1
    (8—1—88 THROUGH 12—31—88)
    ORDER OF THE BOARD
    (by J. Anderson):
    On October
    4,
    Big River Zinc Corporation (Big Rivers)
    filed
    a Motion to Extend the Withholding of Filing of Portions of the
    Rules Adopted
    in R89—l.
    Also,
    on October
    11,
    1989,
    Big River
    filed
    a Motion
    for Reconsideration or
    Stay, and Motion
    for Leave
    to Address Board,
    as well
    as a Request to Appear before Board and
    an Appearance.
    All relate
    to the Board’s Opinion and Order of
    September 13,
    1989, which amended the RCRA hazardous waste
    regulations, including 35
    Ill.
    Adm. Code 721.
    The Motion for
    reconsideration
    is granted; all else
    is denied.
    In the Opinion and Order
    the Board indicated that
    it
    would
    not file the regulations until October
    13, pending motions for
    reconsideration.
    As
    is discussed in the September
    13 Opinion,
    in
    connection with Sections 721.104 and 721.132, this RCRA update
    includes a listing of
    certain sludges from primary
    zinc
    production.
    Big River filed comments opposing this listing.
    The
    reasons are discussed
    in the Opinion.
    The Board indicated that
    it could not modify this action in an
    “identical
    in substance”
    rulemaking pursuant to Sections 7.2 and 22.4(a)
    of the Act.
    The
    Board asked
    that USEPA review this comment and advise the Board
    as
    to whether
    it ought
    to withhold the action or modify
    it.
    The
    Board has not received a response from USEPA.
    Big River has alleged that it
    is the only industry in the
    country affected by the listing,
    its waste has no hazardous
    characteristics,
    that the USEPA listing
    is
    a mistake, and that
    it
    will suffer serious economic harm
    if the listing takes effect
    in
    Illinois.
    Since these assertions are uncontradicted,
    the Board
    is prepared to accept them as true for purposes of this motion.
    40 CFR 271.21(a)(2) gives the Board until June
    30,
    1990
    to
    modify the Illinois hazardous waste program to reflect
    this
    listing.
    However, Section 7.2 of
    the Act required the Board to
    adopt
    this listing by September
    13,
    1989.
    Because of
    the special circumstances of
    this listing,
    the
    Board will seek a compromise between the requirements of
    Section
    7.2 and 40 CFR 271.21.
    The Board will adopt
    the federal
    regulation in dispute here,
    but with its compliance date delayed
    1O4-5(Y~
    —2—
    until June 30,
    1990.
    The Order of September
    13,
    1989
    is modified
    as follows.
    35 Ill.
    Adm. Code 721.104(b)(7)(C)
    is modified to
    read as follows:
    b)
    7)
    çj
    After June 30,
    1990,
    sludge from treatment of
    process wastewater or acid plant blowdown from
    primary zinc production
    In
    35
    Ill. Mm. Code 721.132,
    listing K066 is modified to read as
    follows:
    K066
    After June
    30,
    1990,
    sludge from treatment of process
    wastewater or acid plant blowdown from primary zinc
    production.
    The listing
    is
    in Section 721.132.
    Section 721.104(b)(7)(C)
    excludes the listed waste
    from the general
    exclusion of ore
    processing wastes from the definition of “hazardous waste’.
    One possible problem with this action
    is that
    it locks
    the
    June
    30, 1990 date into the State regulations.
    Big River is
    cautioned that the Board will need to be promptly notified
    if
    USEPA modifies this listing prior
    to that date.
    Big River
    is
    further cautioned that there may be nothing more the Board can
    do, absent action by USEPA.
    As is discussed
    in the September
    13
    Opinion, Big River
    is urged to initiate a delisting petition with
    USEPA,
    or otherwise
    resolve
    the problem with them.
    IT IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illir~ois
    Pollution
    Contr~i
    Board,
    hereby certify that
    the above Order
    was
    adopted on
    the
    /5’~
    day
    of
    ~
    ,
    1989,
    by
    a vote
    of
    ____—.
    ~)2
    Dorothy
    M. 7GAnn, Clerk
    Illinois Pollution Control Board

    Back to top