ILLINOIS POLLUTION CONTROL BOARD
January 25,
1990
IN THE MATTER OF:
R89—11
UIC UPDATE, USEPA REGULATIONS
)
(Identical
in Substance Rulemaking)
(1—1—89 THROUGH 11—30—89)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED OPINION OF THE BOARD
(by J. Anderson):
By
a separate Order, pursuant to Sections
22.4(a) and 13.(c) of the
Enviroruoental Protection Act
(Act), the Board
is proposing to amend the
Underoround
Injection Control
(UIC) regulations.
The public comment period
will
end
45
days after publication of the Notice of Proposed Amendments
is
published in the Illinois Register.
Section
22.4
of the Act governs adoption of regulations establishing the
RCRA program in Illinois.
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 and 146
(and a new part,
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. Req. 25422
June 14,
1989
54
Fed. Reg. 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
11.
Adm.
Code 703,
705,
720 through 726, and 728, with minimal overlap.
The
eresent
UIC update overlaps with concurrent
RCRA
program updates.
The Board
manages
this
overlap
by
including within the appropriate docket those sections
that
the
amendments
primarily
affect.
The
result
is
that
some
of
the
recently
proposed RCRA program updates, addressed
in the Boards
Proposed Order
and
Proposed Opinion of December
6,
1989 in the R89—9, also impact the presently
proposed UIC update amendments to 35
Ill. Adm. Code 738.
The Board highlights
these related
RCRA
updates in greater detail below.
The
presently-proposed UIC amendments
are limited to 35 Ill. Adm. Code
738.Subpart
B.
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
107—4~5
2
of the summaries
in prior RCRA,
UST, and UIC opinions.
The Illinois UIC regulations, together with more stringent
state
regulations particularly applicable to hazardous waste,
include the following:
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 procedures
for RCRA cases are included in Parts
102,
103,
104
and
106.
The Board
has adopted and amended the Resource Conservation and Recovery
Act
(RCRA)
hazardous waste rules
in several dockets.
Dockets P81—22 and P82-
18 dockets dealt with the Phase
I RCRA regulations.
USEPA granted Illinois
Phase
I authorization on May
17,
1982,
at
47 Fed. Peg. 21043.
The Board
adopted RCRA Phase
II regulations in Parts
703 and 724
in dockets R82-19 and
R83-24.
USEPA granted final
approval of the Illinois RCRA program on January
31,
1986,
at
51 Fed. Reg. 3778 (January
30,
1986).
USEPA granted approval to
revisions to the Illinois program and partial Hazardous and Solid Waste
Amendments
(HSWA) approval effective March
5,
1988,
at
53 Fed. Req.
126
(January
5, 1988).
The entire listing of all RCRA identical
in substance
rulemakings follows (with the period of corresponding
federal revisions
indicated
in parentheses):
P81—22
45 PCB 317, September 16,
1981 & February
4,
1982;
6 Ill.
Reg. 4828,
April
23,
1982,
effective May
17,
1982.
(5/19/80
through 10/1/81)
P82—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)
P82—19
53 PCB 131, July 26,
1983,
7 Ill. Peg.
13999, October
28,
1983,
effective October
2,
1983.
(11/23/81 through
10/29/82)
P83—24
55 PCB
31, December 15,
1983,
8 111. Peg.
200, January
6,
1984,
effective December 27,
1983.
(Corrections to R82—19)
I
07-486
3
P84—9
64 PCB 427 & 521, June 13 & 27,
1985;
9 Ill.
Peg.
11964,
August
2,
1985,
effective July
8
&
24,
1985.
(1/19/83
through 4/24/84)
P85—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)
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—19
73 PCB 467, October 23,
1986;
10 Ill. Peg. 20630, December
12,
1986,
effective December
2,
1986.
(2/1/86 through
3/31/86)
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;
11 Ill. Peg.
8684,
May
1,
1987, effective April
21,
1987.
(4/1/86 through
6/30/86)
P86—46
79 PCB 676, July 16,
1987;
11 Ill. Peg. 13435, August
14,
1987, effective August
4,
1987.
(7/1/86 through 9/30/86)
P87—5
82 PCB 391, October
15,
1987;
11 Ill. Peg.
19280, November
30,
1987,
effective November
10 & 12,
1987.
(10/1/86
through 12/31/86)
P87—26
84 PCB 491, December
3,
1987;
12
Ill. Peg.
2450, January
29,
1988,
effective January
15,
1988.
(1/1/87 through 6/30/87)
P87—32
Correction to P86—i;
81 PCB 163, September
4,
1987;
11
Ill.
Peg.
16698, October 16,
1987,
effective September
30,
1987.
R87—39
90 PCB 267, June 16,
1988;
12
Ill. Peg.
12999, August
12,
1988,
effective July 29,
1988.
(7/1/87 through 12/31/87)
P88—16
November
17,
1988;
13 Ill. Req.
447, January
13,
1989,
effective December 28,
1988.
(1/1/88 through 7/31/88)
P89—i
September
13,
1989;
13 Iii. Peg. 18278,
November 27,
1989,
effective November
13,
1989.
(8/1/88 through 12/31/88)
P89-9
Proposal
for Public Comment December
6,
1989;
14 Ill. Peg.
72, January
5,
1990.
(1/1/89 through 6/30/89)
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.
pç~, 127
Ill. App.
3d 446; 468 N.E.2d 1339
(3d Dist.
1984).)
107—487
4
The Board added to the federal listings of hazardous waste by listing
dioxins pursuant to Section 22.4(d) of the Act:
P84—34
61 PCB 247, November 21,
1984;
8 Ill. Peg.
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
parentheses):
P85—2
69 PCB 314, April
24,
1986;
10 Ill. Peg. 8112, May
16,
1986,
effective May 2,
1986.
(9/13/85)
P.87—30
90 PCB 665, June 30,
1988;
12
Iii. 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
oases involving the RCRA regulations:
P84-10
62 PCB 87 & 349, December
20,
1984 & January
10,
1985;
9
Ill. Peg.
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 P85—22 and amended them in P86-46, listed above.
The Board has also adopted requirements limiting and restricting the
iandfilling of liquid hazardous wastes, hazardous wastes containing
halogenated compounds,
and hazardous wastes generally:
P81—25
60 PCB 381, October
25,
1984;
8 Iii. Peg. 24124, December
14,
1984,
effective December
4,
1984.
P83—28
68 PCB 295, February
26,
1986;
10 Iii. Peg.
4875,
March 21,
1986, effective March
7,
1986.
P86—9
Emergency regulations adopted at 73 PCB 427, October 23,
1986;
10 Ill. Peg. 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
Enviror~imentv.
PCB,
152 Iii. App. 3d 105,
504 N.E.2d
166 (let Dist.
1987).)
Hearings on permanent
rules
are pending.
The Board has adopted and amended Underground Injection Control
(UIC)
regulations in several docketa to correspond with the federal regu1ati~.ms.
107—488
5
One
such docket, R82—18, was
a
PCRA
docket.
USEPA authorized the
Illinois UIC
program on February
1,
1984,
at 49
Fed. Peg.
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. Peg.
12479, October 15,
1982,
effective February
1,
1984.
(7/7/81 through 11/23/81)
P82—18
51 PCB 31, January
13,
1983;
7
Ill. Peg.
2518,
March 4,
1983,
effective May
17,
1982.
(11/11/81 through 6/24/82)
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.
Peg.
13700,
August
26,
1988,
effective August
16,
1988.
(7/1/87 through 12/31/87)
P88—17
December
15,
1988;
13
Ill. Peg. 478,
January 13,
1989,
effective December
30,
1988.
(1/1/88 through 6/30/88)
P89—2
January 25,
1990;
14
Ill. Peg.
,
February
,
1990,
effective January
,
1990.
(7/1/88 through 12/31/88)
P89—il
This Docket.
(1/1/89 through 8/31/89)
The Board adopted Underground Storage Tank
(UST)
rules
in P86-i and P86-
28,
which were also RCRA 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
ii,
1986;
10
11.1. 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;
ii Ill. Reg.
6017,
April
3,
1987,
effective March
23,
1987.
Correction at 77 PCB 235, April
16,
1987;
11
Ill.
Req.
8684,
May
1,
1987,
effective April
21,
1987.
(4/1/86 through
6/30/86)
107—489
6
P88—27
April
27,
1989;
13
Ill. Peg. 9519, June 23,
1989,
effective
June
12,
1989.
(9/23/88)
P89—4
July 27,
1989;
13
Ill. Peg. 15010,
September 22,
1989,
effective September
12,
1989.
(10/26/88)
P89-10
Proposal for Public Comment November
15,
1989;
14
Ill. Peg.
153, January
5,
1990.
(10/27/88 through 6/30/89)
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 unless
otherwise stated.
June 14
Additional restrictions on 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 is 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 require redesignating existing subsection
(d)
as subsection
(e).
.7
PART 730
UNDERGROUND INJECTION CONTROL OPERATING REQUIREMENTS
SUBPART A:
GENERAL
Section 730.108
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 approvai
under 40 CFR 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. Peg.
47451 on November
14,
1989.
The Board proposes 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,
but invites comments as to whether it should do so.
:r.
the past, the Board has generally refrained from proposing amendments based
on
federal interim actions.
Rather, the Board
has adopted only final federal
amendments.
Further,
Section 730.108(d)
authorizes
the Agency to allow use of
alternative mechanical integrity tests.
Finally,
the Board
is unaware whether
any Class
III salt solution mining injection wells presently exist
in
Illinois.
The Board
is inclined to follow its past practice in this instance
and not adopt this proposed amendment.
For the sake of comment, the proposed amendment to Section 730.108
would,
in significant portion, take the following
form:
b)
3)
Until September
18,
1991,
for Class
III salt solution mining
in~ectionwells,
the Water—Brine Interface Test described at
54 Fed. Peg. 34169, August
18,
1989,
incorporated by
reference at 35
Ill.
Adrn.
Code 720.111.
The Board invites comment,
both as to its intent not to adopt this
proposed amendment and to the proposed text if such amendment were necessary.
The Board also proposes
a number of minor editorial corrections to this
section.
The proposal amends
“paragraph” to “subsection” wherever
it appears,
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—based “he” at subsection
(e).
PART 738
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 CFP. 148.15),
and promulgated the first few
restrictions on injection of Third Third Wastes
(40 CFR 148.16).
USEPA also
adopted technical corrections to the prohibitions on injection of solvent
107—491
B
wastes
(40 CFR 148.10) and dioxin-containing wastes
(40 CFR 148.11).
The
Board proposes parallel
amendments to the corresponding sections
in 35 Ill.
Adm. Code 738.
The Board has reformatted those existing subsections of Sections 738.110
through 738.114 that contained listings of hazardous wastes by EPA Hazardous
Waste number.
The proposed new format
is also used for the similar
sucsections of proposed 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 proposed new format will enhance readability and facilitahe future
revisions.
The Board invites comment cc this proposed new format.
Section 738.110 and 738.111
Section 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. Reg. 25422
(June
14,
1989).
The effect
of these corrections
is to delete subsections
148.1O(c)(4)
and 738.l1(b)(4)
(corresponding to 35
Ill. Adm. Code 738~l10(c)(4) and
738.lll(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 148.10(c)(1)
and 148.11b)(1)
(corresponding
to 35
Ill. Adm. Code 738.1l0(c)(1)
and 738.lll(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
0).
The Board proposes 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
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. Peg. 26647
(June 23,
1989),
and 54 Fed. Peg. 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 CFP 148.14(a),
(b), and
(C)
(proposed 35
111. 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
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.
Adm. Code 738.114(a)) with regard to K101 and K102 wastes.
The prohibition
against injection of these two wastes will now affect only KiOl and K102
wastes containing less than one percent total arsenic.
USEPA will later
promulgate a date for the ban on Kb?
and K102 wastes with an arsenic content
greater than or equal to one percent.
If)
7—492
9
The Board proposes corresponding
amendments to Section 738.114.
However, the Board proposal slightly revises the federal text.
The proposed
amendments delete the past effective dates from subsections
(a),
(b), and
(C).
Aside from the format change noted above,
the proposal also includes 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” instead
of
listing the several subsections).
The Board invites comment on these
revisions to the federal text.
Section 738.115 and 738.116
Proposed Sections 738.115 and 738.116 derive from 40 CFR 148.15 and
148.16,
as added
at
54 Fed. Reg.
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 proposes
35 Ill. Adm. Code 738.115 and 738.116 to correspond
with the new federal sections.
However, the Board sightly revises the federal
text of both sections.
These revisions are similar to those made to Section
738.114 language, with only one large deletion of federal text.
One
prohibition at 40 CFR 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 invites comment on these revisions to the federal
text.
IT
IS SO ORDERED.
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board,
her
certify that the above Proposed Opinion was adopted on t~e
_______
day
of
_________,
1990,
by a vote of
7~
7~
/~
Dorothy M. G4n, Clerk
Illinois Po1~utionControl Board
107—49 3