ILLINOIS POLLUTION CONTROL
BOARD
June 8, 1989
IN THE MATTER
OF:
RCRA UPDATE,
USEPA REGULATIONS
)
R89-1
(8-1-88 THROUGH 12-31-88)
SUPPLEMENTAL ORDER OF THE BOARD
(by J.
Anderson):
On May 25,
1989,
the Board adopted
a Proposed Opinion
and Order
in this
matter.
Because
of
its
length, the printing of the final
text of that Opinion
and Order
has
not yet been completed.
However,
in the course
of final
editing, the Board
has
noted
several additional
issues
upon which
it
specifically requests comment:
703.271(e)
The equivalent
of
40 CFR 27O.41(a)(5) appears
to
be missing
in
the existing Board
rules and
has
been inserted.
703.282(d)
In this
and several following provisions,
the USEPA
rule
requires
public meetings “in the vicinity”
of
the facility,
or
requires publication
‘in
a major
local
newspaper”.
These
have
generally been edited
to
require the meeting
or publication
to
be
in the County
in which the facility
is
located.
This change
is
to
be consistent with similar requirements
in
the Act,
and
similar edits which
have been made
in
other portions of the RCRA
rules.
724.247(j)(3) 40 CFR 264.147(j)(3) defines “full
amount”
as
“the amount
of
coverage
for
sudden
and/or
nonsudden
accidental
occurrences.”
As
is
discussed
in
the
Proposed
Opinion,
the
Board
has
routinely
edited “and/or”
to the equivalent
“or”,
in
conformance with Code
Unit
requirements.
However,
it
appears that “and/or”
is
an
editorial
error
by
USEPA,
in
that
“or”
results
in
an
obviously
incorrect
rule.
The
Board
has
changed
this
to
“and”.
It
appears
that
the
sentence
which
follows
adequately
addresses
the
possibility
that
an
operator
might
wish
to
use
separate
instruments
for the
sudden and
non-sudden coverage.
728.106(e)
This
and the following subsections
include provisions concerning
reporting and reopening petitions for adjusted standards to
allow land disposal
of banned wastes.
There
is
an issue
as
to
whether reports
should
go
to the Agency
or Board,
and
as
to how
these petitions
should
be
reopened.
The Board
has
generally
edited these
to
require
all
reports
to
go
to the Agency,
and to
allow,
or
require, the Agency
or operator to
reopen the adjusted
standard by
filing with the
Board
a motion for reconsideration
or
a
new petition for adjusted standard.
This Order supplements
the Board’s Opinion
and Order of May 25,
1989.
1O’)—lf’5
The Board will
mail this Supplemental Order to persons
on the mailing list at
the same time the May
25 Opinion and Order
are mailed out.
IT
IS
SO ORDERED
1, Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby
certify that the above Supplemental
Order was adopted
on the
~
day
of
______________,
1989,
by
a
vote of
~
C
~2.
~
~DorothyM.
G&)nn, Clerk
Illinois Pollution Control Board
100—166