ILLINOIS POLLUTION CONTROL BOARD
    September
    8,
    1988
    IN THE MATTER OF:
    )
    HAZARDOUS WASTE PROHIBITIONS
    )
    R86—9,
    DOCKET B
    )
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board upon an August
    4,
    1988
    Motion
    For Adoption of First Notice filed by the Illinois
    Environmental Regulatory Group
    (IERG).
    On August 16,
    1988
    Citizens
    for
    a Better Environment
    (CBE)
    filed a response, which
    was corrected on August
    29,
    1988.
    On September 6,
    1988, Waste
    Management,
    Inc.
    (WMI)
    filed comments regarding IERGt5 motion,
    under
    a motion
    to file instanter.
    The motion
    to file instanter
    is hereby granted.
    In addition
    to requesting
    that the Board proceed
    to First
    notice,
    IERG’s motion states,
    among other
    things,
    that the
    Illinois Department of Energy and Natural Resources (DENR)
    is
    in
    the process of preparing an Economic Impact Statement
    (EcIS)
    on
    IERG’s proposal and other
    features of the record
    in this
    docket.
    IERG states that DENR anticipates selecting a contractor
    and having
    a contract for the EcIS executed by the end of August,
    1988, and that DENR intends
    to submit a completed EcIS
    to the
    Board within six months of contract execution, which would be the
    end of February, 1989.
    In light of this information, the Board declines
    to proceed
    to First Notice at this time.
    The Board notes that the Illinois
    Administrative Procedure Act
    (APA)
    requires that
    a rulemaking be
    completed within one calendar year
    from the date of First Notice
    publication.
    If a rulemaking were
    to be completed after
    the one
    year date,
    the APA would preclude the rules from becoming
    effective:
    the entire rulemaking process would have
    to be
    repeated.
    Because the EcIS is not expected to be submitted until
    approximately the end
    of February 1989,
    and because public
    hearings on the EcIS will have to be scheduled and held,
    it
    is
    likely that the rulemaking could not be completed within the one
    year period beginning with a First Notice proposal submitted
    now.
    Moreover, WMI’s comments note
    that any regulations adopted
    pursuant to Section 39(h)
    of the Environmental Protection Act
    (Act)
    must be consistent with, and at least as stringent as,
    the
    federal land disposal restrictions enacted pursuant
    to Section
    3004 of RCRA
    (42 U.S.C. Section 6924).
    WMI points out that on
    August 17,
    1988, USEPA published “Land Disposal Restrictions
    for
    First Thir~3Scheduled Wastes; Final
    Rule”
    (53 Fed.
    Reg.
    31138,
    92—235
    —2--
    effective August
    8,
    1988).
    WMI states
    that “these
    new federal
    requirements simply are
    far
    too comprehensive and complex
    to
    allow either the Board or
    interested parties to evaluate
    in
    a
    two—week period
    their effect on these rulemaking proceedings.”
    WMI requests that the Board defer adoption of any First Notice
    proposal
    for
    a sufficient period of time
    to allow proper
    consideration, and comment,
    if necessary, regarding the effect of
    the federal land disposal restrictions on this proceeding.
    The Board agrees with WMI that proper consideration need be
    given to the federal land disposal restrictions as they relate
    to
    this proceeding.
    In light of
    the Board declining
    to proceed
    today to First Notice until DENR
    is further along
    in
    its EcIS
    preparation,
    the Board believes that the interim period can best
    be utilized by establishing
    a review and comment period with
    regard to the federal land disposal restrictions recently
    published by USEPA.
    The Board would like
    to have the record on
    this issue supplemented before proceeding
    to First Notice.
    Therefore,
    the Board directs the Hearing Officer
    to establish
    a
    comment period
    to allow for the submission of comment with
    respect
    to this issue.
    Finally, the Board wishes
    to note that Morton Dorothy, of
    the Board’s Scientific and Technical Section, having been
    a
    substantive witness earlier
    in this proceeding, has been and will
    continue to be exterior
    to the Board
    in this proceeding
    consistent with
    the
    language and intent of Res 86—1,
    Protocols of
    Operation for
    the Scientific/Technical Section.
    IT
    IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,
    her by certify that
    t
    above Order was adopted on
    the
    _______________
    day of
    _____________
    1988 by
    a vote
    of
    7
    .
    Dorothy M.Iunn,
    Clerk
    Illinois P~6llutionControl Board
    92—236

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