ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1988
    IN THE MATTER OF:
    )
    UIC UPDATE, USEPA REGULATIONS
    )
    R88-17
    (1—1-88 THROUGH 7-31-88)
    )
    (R88—16)
    AND CORRECTION
    PROPOSAL FOR
    PUBLIC COMMENT
    OPINION AND ORDER
    OF THE BOARD
    (by J.
    Anderson):
    On September
    8,
    1988,
    the Board dismissed this Docket
    after determining
    that there were no amendments
    to the USEPA UIC rules during the period January
    1
    through June 30,
    1988.
    However, on September 21,
    1988 USI Division
    of
    Quantum Chemical Corporation
    (USI) and Cabot Corporation
    (Cabot) filed
    in R88-
    16
    a motion
    requesting amendment
    of 35
    111.
    Adm. Code
    704.
    The Board
    construes this
    as
    a motion
    to reconsider the September 8 Order
    in
    this Docket,
    and, as
    such, grants
    it.
    To
    avoid confusion,
    a copy of this Opinion
    and Order
    will
    also
    be filed
    in R88-16.
    The September 8 dismissal Order
    is
    vacated,
    and
    the Board has proposed amendments
    to Part 704,
    as
    is discussed
    below.
    Section
    13 of the Act governs adoption of regulations establishing the
    UIC program
    in
    Illinois.
    Section 13(c)
    provides
    for quick adoption of
    regulations which are “identical
    in
    substance”
    to
    federal
    regulations;
    Section 13(c)
    provides that Title
    VII of the Act
    and Section
    5 of the
    Administrative Procedure Act
    shall
    not apply.
    The federal UIC regulations
    are
    found
    at 40 CFR 144 and 146.
    HISTORY
    OF RCRA
    and UIC ADOPTION
    The Illinois RCRA and UIC (Underground
    Injection Control) 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
    93—111

    -2-
    731
    Underground Storage Tanks
    Special
    procedures
    for RCRA cases
    are included
    in Parts
    102, 103,
    104
    and
    106.
    Adoption
    of these regulations
    has proceeded
    in several
    stages.
    The Phase
    I RCRA regulations were adopted and amended
    as follows:
    R8l-22
    45
    PCB
    317, February 4, 1982,
    6
    Ill.
    Reg. 4828, April
    23,
    1982.
    R82-l8
    51
    PCB 31, January 13,
    1983,
    7
    Ill.
    Reg.
    2518, March 4,
    1983.
    Illinois received Phase
    I interim authorization on May 17, 1982
    (47 Fed.
    Reg. 21043).
    The UIC regulations were adopted
    as follows:
    R8l-32
    47 PCB
    93, May 13,
    1982;
    October
    15,
    1982,
    6 Ill. Reg. 12479.
    The UIC regulations were amended
    in R82—18, which
    is referenced
    above.
    The UIC regulations were also amended
    in R83—39:
    R83-39
    55 PCB 319, December
    15,
    1983;
    7
    Ill.
    Reg. 17338, December 20,
    1983.
    Illinois received UIC authorization February
    1, 1984.
    The Board
    has
    updated the UIC regulations:
    R85—23
    June 19, 1986;
    10
    Iii.
    Reg. 13274, August
    8, 1986.
    R86—27
    Dismissed April
    16, 1987
    (No USEPA amendments through
    12/31/86).
    R87—29
    January 21,
    1987;
    12
    Ill.
    Reg.
    6673,
    April
    8, 1988;
    (1/1/87
    through 6/30/87)
    R88—2
    June 16,
    1988;
    12 Ill.
    Reg.
    13700, August
    26,
    1988.
    (7/1/87
    through 12/31/87)
    R88-17
    This docket.
    The Phase
    II
    RCRA regulations included adoption of Parts
    703 and 724,
    which established
    the permit program and final
    TSD
    standards.
    The Phase
    II
    regulations were adopted and amended
    as
    follows:
    R82—l9
    53
    PCB
    131, July 26, 1983,
    7
    Ill.
    Reg. 13999, October 28, 1983.
    R83—24
    55 PCB
    31, December
    15, 1983,
    8
    Ill.
    Reg. 200, January 6,
    1984.
    On September 6,
    1984,
    the Third
    District Appellate Court upheld the
    Board’s actions
    in adopting R82-19 and R83-24.
    (Comonwealth Edison
    et
    al.
    v.
    IPCB,
    127
    Ill.
    App.
    3d
    446; 468
    NE
    2d 1339 (Third Dist.
    1984).)
    The Board
    updated the RCRA regulations
    to correspond with USEPA
    93—112

    —3—
    amendments
    in several
    dockets.
    The period
    of the USEPA regulations covered by
    the update
    is
    indicated
    in
    parentheses:
    R84—9
    64 PCB 427, June 13, 1985;
    9 Ill.
    Reg.
    11964, effective July 24,
    1985.
    (through 4/24/84)
    R85—22
    67 PCB
    175, 479, December 20,
    1985 and January 9, 1986;
    10
    Ill.
    Reg.
    968, effective January 2,
    1986.
    (4/25/84
    ——
    6/30/85)
    R86—1
    July 11,
    1986;
    10
    Ill. Reg.
    13998, August
    22,
    1986.
    (7/1/85
    ——
    1/31/86)
    R86-19
    October 23,
    1986;
    10
    Ill.
    Reg.
    20630, December 12,
    1986.
    (2/1/86
    —-
    3/31/86)
    R86—28
    February
    5 and March 5, 1987;
    11
    111.
    Reg. 6017,
    April
    3,
    1987.
    Correction April
    16,
    1987;
    11
    Ill. Reg.
    8684,
    May
    1,
    1987.
    (4/1/86
    --
    6/30/86)
    R86—46
    July 16,
    1987; August
    14,
    1987;
    11
    Ill. Reg. 13435.
    (7/1/86
    ——
    9/30/86)
    R87—5
    October
    15,
    1987;
    11
    Ill.
    Reg.
    19280, November
    30,
    1987.
    (10/1/86
    ——
    12/31/86)
    R87—26
    December 3,
    1987;
    12 Ill. Reg.
    2450,
    January 29,
    1988.
    (1/1/87
    -—
    6/30/87)
    R87-32
    Correction
    to R86-1; September 4, 1987;
    11
    Ill.
    Reg. 16698,
    October
    16,
    1987.
    R87—39
    Adopted June
    14,
    1988;
    12
    Ill.
    Reg. 12999,
    August
    12,
    1988.
    (7/1/87
    -—
    12/31/87)
    R88—16
    Current RCRA Docket.
    Proposed September
    8,
    1988
    (1/1/88
    --
    7/31/88)
    Illinois received
    final
    authorization for the RCRA program effective
    January 31,
    1986.
    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.
    Reg.
    24562, effective
    December
    11,
    1984.
    This was effectively repealed
    by R85—22, which included adoption of
    USEPA’s dioxin listings.
    The Board has adopted two USEPA delistings
    at the
    request
    of Amoco and Envirite:
    R85—2
    April
    24,
    1986;
    10
    Ill.
    Reg. 8112,
    effective May
    2,
    1986.
    R87—30
    June 30,
    1988;
    12
    Ill.
    Reg. 12070, effective July 12,
    1988.
    93—113

    -4-
    The Board
    has procedures
    to
    be followed
    in cases before
    it involving the
    RCRA
    regulations:
    R84—lO
    62
    PCB
    87,
    349, December
    20, 1984 and January
    10,
    1985;
    9 Ill.
    Reg.
    1383,
    effective January
    16,
    1985.
    The Board
    also adopted
    in
    Part 106 special
    procedures
    to
    be followed
    in
    certain determinations.
    Part
    106 was adopted
    in R85-22
    and amended
    in R86-46,
    listed above.
    The Board
    has also adopted requirements
    limiting and restricting the
    landfilling of liquid
    hazardous waste,
    hazardous wastes
    containing halogenated
    compounds and hazardous wastes
    generally:
    R8l—25
    60 PCB 381, October
    25, 1984;
    8 Ill. Reg. 24124, December 4,
    1984;
    R83-28
    February 26, 1986;
    10 Ill.
    Reg. 4875, effective March
    7, 1986.
    R86-9
    Emergency regulations adopted October 23, 1986;
    10
    111.
    Reg.
    19787, effective November
    5,
    1986.
    The Board’s
    action
    in adopting emergency regulations
    in R86-9 was
    reversed
    (CBE and
    IEPA v.
    IPCB et al., First District, January 26,
    1987).
    Hearings
    on permanent
    rules are
    pending.
    MOTION
    TO CONFORM
    As noted above,
    there were no USEPA amendments
    to 40 CFR
    144 or
    146
    during the current
    update period
    (1/1/88 through 6/30/88).
    The amendments
    proposed in this Docket address only the problems noted by USI
    and Cabot
    in
    their motion
    to conform
    35
    Ill.
    Adm. Code 704.143(d).
    In the past the Board
    has
    corrected
    the type of error alleged
    in the motion
    either with the current
    update Docket,
    or
    by opening
    a special
    Docket,
    as was
    the case
    in R87-32.
    The
    choice depends
    on whether the correction can be made
    in
    a reasonably prompt
    manner without delaying
    the update.
    Addressing
    a UIC correction
    in
    a RCRA
    update Docket,
    as
    requested by the motion,
    is
    a third possibility.
    However,
    the Board did
    not address
    this in the current RCRA update,
    R88—16,
    since
    the
    proposal
    had
    already been sent to
    the Illinois Register
    for publication.
    Adding this proposal
    to R88-16 would
    have caused
    at
    least
    a four week delay
    in
    R88-16.
    The quickest approach was to deem the motion one to reconsider
    dismissal
    of the
    instant UIC Docket.
    The motion
    alleges that the UIC rules were adopted without the benefit of
    notice and
    coninent procedures.
    This
    is false.
    As
    is detailed
    above, the
    Board
    has provided public
    notice
    and the opportunity for public coment
    at
    every
    stage of adoption and amendment of the UIC rules.
    The motion
    alleges that
    35
    Ill. Adm. Code 704.143(d)
    is not
    identical
    in
    substance with the 1987 edition
    of 40 CFR
    144.21(a).
    Whle the
    former
    contains
    a provision that authorizations
    by
    rule for Class
    I
    and
    III wells
    expire
    on February
    2, 1989,
    regardless of whether
    a
    permit application
    is
    on
    file,
    the
    latter
    allows
    permits
    by rule to
    continue indefinitely while
    an
    application
    is
    pending.
    The Board agrees, although the problem
    is worse than
    93—114

    —5—
    indicated
    in the motion.
    35 Ill. Adm. Code 704.143 was adopted
    in R81—32.
    (Complete references
    to
    Opinions
    and
    Illinois Register versions for these Dockets are
    in the History
    above.)
    It was
    based
    on 40 CFR
    122.37
    (1981).
    At that time the UIC rules
    were
    a portion of USEPA’s “consolidated” permit
    rules, which were very
    confusing and disorganized.
    40 CFR 122.37(a)(1)
    (1981) provided that:
    Injection into existing Class
    I
    ...
    and
    III wells may be authorized
    by rule for periods
    up to
    5 years from the date of approval
    or
    promulgation
    of the UIC program.
    All
    such wells must
    be
    issued
    permits within the
    five year period.
    40 CFR 122.37(a)(1)(i)(A)
    and
    (B) required that State rules
    specify that
    authorization to
    inject expire either
    upon the effective date of
    a UIC
    permit,
    or upon failure
    to
    file
    a timely permit
    application.
    40 CFR
    122.37(a)(1)(i)(C)
    (1981)
    required that State
    rules
    specify that authorization
    to
    inject expires:
    Unless
    a complete permit application
    is
    pending, not
    later than five
    years
    after
    approval
    or promulgation
    of the UIC
    program.
    40 CFR
    122.37 was
    a USEPA rule which prescribed the contents of state
    rules without setting
    forth
    the text of
    the rule the state was
    to adopt.
    Section
    13(c) of the Act required
    the Board
    to
    fashion
    a rule within the
    parameters of 40 CFR
    122.37.
    The Board’s authority to write rules
    in this
    situation was ratified by the adoption
    of P.A. 85-1048 (S.B.
    1834)
    on July 14,
    1988.
    The Board
    responded to the USEPA directive by adopting 35 Ill. Adm. Code
    704.141
    and 704.143.
    Section 704.141 authorized
    injection into existing Class
    I and
    III wells, and Section 704.143
    set
    forth the conditions
    under which
    authorization expired.
    Section
    704.143 included
    the three conditions drawn
    from 40 CFR 122.37(a)(1)(i),
    as well
    as three
    other conditions drawn
    from
    other portions of the USEPA rules.
    The most important other condition was the
    five year
    limit
    on
    authorizations
    by rule drawn from 40 CFR 122.37(a)(1).
    This was placed
    in
    35
    Ill.
    Adm. Code 704.143(e),
    with the related provision of
    40 CFR
    122.37(a)(1)(i)(C), which
    is quoted above.
    As originally adopted,
    35
    Ill. Adm. Code 704.143(e)
    provided as follows:
    The authorization
    ...
    shall
    expire
    ...:
    e)
    Two years after
    the date of approval
    by USEPA
    ...
    of the
    Illinois UIC
    program unless,
    at that time,
    there
    is
    a pending UIC
    permit
    application
    for the injection previously authorized
    by rules.
    Authorization
    by rule may continue during the pendency of the UIC
    permit
    application,
    except that any
    such authorization
    shall
    expire
    five years
    after the date of approval
    by USEPA of the
    Illinois UIC
    program.
    40 CFR 122.37(a)(1)(i)(C)
    (1981) required
    states
    to
    set times
    up
    to five
    years for receipt
    of
    applications.
    The Board
    adopted
    a two year
    limit,
    reflecting the relatively small
    number
    of UIC wells requiring permits
    in
    Illinois.
    (The five year
    limit was
    to accomodate permitting
    of Class
    II
    93—115

    —6-
    wells, which
    are far more numerous, and which are regulated
    in
    Illinois by the
    Department
    of Mines and Minerals.)
    No commenters objected to
    this
    implementation of the USEPA prescription.
    Section 704.143
    had
    a note citing 40 CFR 122.37(c)
    as
    its source.
    This
    was incorrect.
    The actual
    sources were several provisions
    in 40 CFR
    122.37(a),
    and two other conditions
    found outside of Section 122.37.
    35
    111. Mm. Code 704.143 was amended
    in R82—19.
    At that time
    the error
    in the Board notes was
    found
    and
    corrected
    in part.
    However, the
    five year
    limit
    on authorizations by rule was
    inserted into Section 704.141, next to the
    language authorizing
    injection by rule.
    This provision then appeared at two
    locations in the Board rules,
    Section 704.141
    and Section 704.143(e).
    The State received UIC authorization
    on February
    1,
    1984.
    35 Ill. Adm. Code 704.143 was
    next amended
    in R85-23.
    At this time USEPA
    deconsolidated the permit rules,
    and moved the UIC provisions to
    Part 144.
    This introduced
    a
    lot of confusion.
    Also, the UIC rules
    on this point were
    changed from “prescription” rules
    to the current “pattern” format.
    However,
    the pattern was
    so similar
    to the rules
    the Board
    had adopted
    that no major
    changes
    in
    format were needed.
    In response to USEPA amendments, the Board
    modified
    the ban on Class
    IV wells
    and
    repealed the
    five year limit
    on
    authorizations by rule
    in the duplicated
    provision
    in Section 704.141.
    However,
    the Board failed
    to repeal
    it
    at the original
    location
    in Section
    704.143.
    Instead,
    the Board replaced
    the provision keyed
    to approval of the
    Illinois program with the February
    2,
    1989 date.
    This
    is
    the error complained
    of
    in
    the motion.
    In the Order and
    Illinois Register versions of R85—23, Section 704.143(e)
    was renumbered to Section
    704.143(d).
    However,
    in the
    final,
    filed version
    paragraph label
    (d) was deleted,
    and paragraphs
    (c)
    and
    (d) combined.
    The
    version presented
    in
    the motion corresponds with the Board’s Order,
    the
    Illinois Register version
    and the Agency’s printed version
    of the subsection,
    but does
    not correspond with the official version of the Section.
    Therefore,
    it
    is necessary to
    reinsert the subsection label
    in this rulemaking.
    The Board
    has
    below proposed to repeal
    the 1989 deadline
    for
    authorization by rule.
    The Board
    has
    also proposed to
    address
    the underlying
    cause of this error by inserting more specific references
    to
    the sources of
    the subsections
    in the CFR.
    Note that Section 704.143(c)
    is drawn from other
    Sections.
    This was
    added
    to afford
    a more complete statement of the
    conditions
    for termination of authorization by rule than provided in the CFR.
    Section 704.143(d)
    includes
    a provision which required
    UIC applications
    for
    Class
    I and
    III wells operating under
    a
    permit by rule to
    be filed
    by
    February
    2,
    1986.
    40 CFR 144.21(a)(3)(i)(A)
    now requires states
    to allow five
    years
    for receipt
    of applications
    for Class
    I and
    III wells.
    As discussed
    above,
    the Board
    orginally adopted
    a two year time consistent with then—
    current
    regulations.
    The two years expired
    on February
    2,
    1986.
    Five years
    will
    not be
    up until February
    2,
    1989.
    USI
    and Cabot
    both met the
    1986
    application
    deadline,
    and have not mentioned this area of consistency with the
    USEPA
    rules.
    93—116

    —7—
    In 1982 the Board adopted
    a deadline which was consistent with USEPA
    directives
    at the time of adoption.
    USEPA approved
    the UIC program in
    1984,
    based
    in part on this deadline.
    The time
    for filing applications passed over
    2 1/2 years
    ago,
    and this
    is the first
    time this possible consistency problem
    has come up.
    The Board
    has suggests that USEPA did not
    intend for
    Illinois to
    retroactively extend
    the application deadline
    out to the limit
    now required by
    federal
    law.
    Interested
    persons are
    invited
    to coment.
    The Board
    usually repeals
    rules which have no prospective effect.
    However,
    at
    least two injectors have applications still
    pending which were
    keyed
    to this date.
    Therefore, the Board
    has proposed to retain the
    application deadline.
    However, the Board
    has
    proposed to cite to the 1981 CFR
    to clarify the source of this
    rule,
    since the federal
    rule has been repealed.
    The Board has proposed to
    amend
    35
    Ill. Adm. Code 704.143
    to
    achieve
    consistency with 40 CFR
    144.21.
    The complete text follows.
    The Board will
    accept written
    publ ic
    cormient for
    a period of 45 days after the date of
    publication
    in the
    Illinois Register.
    ORDER
    The Board
    proposes to
    amend
    35 Ill. Adm. Code 704 to
    read
    as follows:
    TITLE
    35:
    ENVIRONMENTAL
    PROTECTION
    SUBTITLE
    G:
    WASTE
    DISPOSAL
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    b:
    PERMITS
    PART
    704
    UIC PERMIT PROGRAM
    SUBPART A:
    GENERAL PROVISIONS
    Section
    704.101
    Content
    704.102
    Scope
    of the Permit
    or Rule Requirement
    704. 103
    Identification of Aquifers
    704.104
    Exempted Aquifers
    704.105
    Specific Inclusions and Exclusions
    704.106
    Classification
    of Injection Wells
    704.107
    Definitions
    SUBPART
    B:
    PROHIBITIONS
    Section
    704.121
    Prohibition
    of
    Unauthorized
    Injection
    704.122
    Prohibition
    of Movement of Fluid
    into USDW
    704.123
    Identification of USDW and Exempted Aquifers
    704.124
    Prohibition
    of
    Class
    IV Wells
    SUBPART
    C:
    AUTHORIZATION OF UNDERGROUND
    INJECTION BY RULE
    Section
    704.141
    Existing
    Class
    I
    and
    III
    Wells
    704.142
    Existing Class
    IV Wells,
    not
    into USDW (Renumbered)
    704.143
    Expiration of Authorization
    704.144
    Requirements
    93—117

    -8-
    704.145
    Existing Class
    IV Wells
    704.146
    Class
    V Wells
    704.147
    Requiring
    a Permit
    704.148
    Inventory Requirements
    704.149
    Requiring other
    Information
    704.150
    Requirements for Class
    I
    and
    III Wells authorized by Rule
    704.151
    RCRA Interim Status for Class
    I Wells
    SUBPART 0:
    APPLICATION FOR PERMIT
    Section
    704.161
    Application
    for Permit; Authorization by Permit
    704.162
    Area Permits
    704.163
    Emergency Permits
    704.164
    Signatories
    to Permit Applications
    SUBPART
    E:
    PERMIT CONDITIONS
    Section
    704.181
    Additional Conditions
    704.182
    Establishing UIC Permit Conditions
    704.183
    Construction Requirements
    704.184
    Corrective Action
    704.185
    Operation Requirements
    704.186
    Hazardous
    Waste
    Requirements
    704.187
    Monitoring and Reporting
    704.188
    Plugging and Abandonment
    704.189
    Financial Responsibility
    704.190
    Mechanical Integrity
    704.191
    Additional Conditions
    704.192
    Waiver of Requirements by Agency
    704.193
    Corrective Action
    SUBPART F:
    REQUIREMENTS FOR WELLS
    INJECTING HAZARDOUS WASTE
    Section
    704.201
    Applicability
    704.202
    Authorization
    704.203
    Requirements
    SUBPART G:
    FINANCIAL RESPONSIBILITY FOR CLASS
    I
    HAZARDOUS WASTE
    INJECTION WELLS
    Section
    704.210
    Applicability
    704.211
    Definitions
    704.212
    Cost Estimate
    for Plugging and Abandonment
    704.213
    Financial Assurance for Plugging and Abandonment
    704.214
    Trust Fund
    704.215
    Surety Bond Guaranteeing Payment
    704.216
    Surety Bond Guaranteeing Performance
    704.217
    Letter of Credit
    704.218
    Plugging
    and
    Abandonment
    Insurance
    704.219
    Financial
    Test and Corporate Guarantee
    704.220
    Multiple
    Financial
    Mechanisms
    704.221
    Financial Mechanism for Multiple Facilities
    704.222
    Release of the Owner
    or Operator
    704.230
    Incapacity
    93—118

    —9-
    704.240
    Wording of
    the Instruments
    AUTHORITY:
    Implementing Sections
    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 R81-32,
    at 47
    PCB 95,
    at
    6
    Ill. Reg. 12479, effective as
    noted
    in
    35
    Ill. Adm. Code 700.106;
    amended
    in R82—19,
    at
    7 Ill. Reg. 14402,
    effective
    as
    noted
    in
    35
    Ill.
    Adrn. Code 700.106; amended
    in R83—39,
    at
    55
    PCB
    319, at
    7
    Ill.
    Reg.
    17338, effective December 19,
    1983;
    amended
    in R85—23
    at
    10
    Ill.
    Reg. 13290, effective July 29, 1986;
    amended
    in R87—29
    at
    12
    Ill.
    Reg.
    6687,
    effective March 28,
    1988;
    amended
    in R88—2
    at
    12
    Ill. Reg.
    13700,
    effective August
    16, 1988;
    amended
    in R88-17
    at
    12
    Ill. Reg.
    effective
    SUBPART
    C:
    AUTHORIZATION OF UNDERGROUND
    INJECTION BY
    RULE
    Section 704.143
    Expiration of Authorization
    The authorization provided
    in Section
    704.141
    shall
    expire upon the earliest
    of the
    following:
    a)
    Upon
    the effective date of the permit
    or
    permit denial,
    if
    a
    permit
    application
    has been
    filed
    in
    a timely manner
    as
    specified in Section
    704.161(b)(1);
    or
    (~ARDNOTE:
    Derived
    from 40 CFR 144.21(a)(1)
    (1987).)
    b)
    If
    a permit application
    has
    not been filed
    in
    a timely manner as
    specified
    in Section 7O4.161(b)(1);
    or
    (BOARD NOTE:
    Derived
    from 40 CFR 144.21(a)(2)
    (1987).)
    c)
    If the person
    authorized
    by
    rule under Section 704.141
    fails to
    comply with Section 704.144 or
    704.148;
    or
    (BOARD NOTE:
    Derived from 40 CFR 144.21(c) and
    144.26 (1987).)
    ~4j
    February 2,
    1986,
    unless,
    at that
    time,
    there
    is
    a pending UIC
    permit
    application for the injection previously authorized by rule.
    AHtheP4~at4eR~y ~~4-e
    ~ay eeAt+RHe
    th~F+Ag
    the pe~~e~ey
    ef the YG
    peFF~+t
    appl4eat4eRç e~eeptthat a~ys~eha~theP+~at+eAsha~ex~4~~e
    eR
    ~e~s~iaPy
    2T
    1989.
    (BOARD NOTE:
    Derived
    from 40 CFR 122.37(a)(1)(i)(C)
    (1981).)
    ~BeaFdNete~ See 49 G~R144v214a~~~
    (Source:
    Amended
    at
    12
    Ill.
    Reg.
    ,
    effective
    IT
    IS
    SO ORDERED
    93—119

    -10-
    I, Dorothy M.
    Gunn, Clerk of the
    Illinois Pollution Control Board,
    hereby
    certify that the above proposed Opinion
    and Order was adopted
    on the
    c~7
    day
    of
    ~
    ,
    1988,
    by
    a vote of 7ô
    Dorothy
    M.
    ç~7nn,
    Clerk
    Illinois Pol’lution Control
    Board
    93—120

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