ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    VINCENT A. KOERS,
    and DANVILLE
    )
    CITIZENS FOR CONTROL OF
    HAZARDOUS WASTE INJECTION,
    )
    Petitioners,
    )
    v.
    )
    PCB 88—163
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY and
    ALLIED—SIGNAL,
    INC.,
    Respondents.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On October
    28,
    1988, Allied—Signal,
    Inc.
    (“Allied”)
    filed a
    motion for Robert F. Van Voorhees and Barton
    D. Day
    of Bryan,
    Cave, McPheeters
    & McRoberts of Washington, D.C.
    to appear pro
    hac vice.
    That motion
    is granted.
    In addition, Allied also filed
    a motion to dismiss the
    petition for hearing and appeal
    regarding its underground
    injection control permit.
    No decision will be made on this
    motion pending the appropriate responses.
    Allied’s motion asserts that ground for dismissal of all or
    part
    of this petition exist independently of the Section 40
    standing issue which the Board directed
    the parties
    to brief on
    or before November 15 by Order of October
    20.
    On
    p.
    2 of its
    motion, Allied proposes
    to defer
    briefing of
    the alternative
    grounds for dismissal raised
    in its October
    28 motion until the
    Board
    rules on the standing issue.
    The Board will not require
    briefing of these issues at this time.
    As
    to the Section
    40 issue,
    the Board on its own motion
    extends
    the
    briefing
    schedule
    from
    November
    15
    to
    November
    28.
    In
    order
    to
    provide
    the
    Board
    with
    a
    fully
    developed
    issue,
    the
    Board
    requests
    that
    the
    briefs
    include some discussion of the
    third
    party
    appeal
    issue
    in relation to the Board’s mandate
    to
    adopt
    rules “identical in substance”
    to USEPA’s RCRA and UIC
    rules and any inter—relationship between RCRA and UIC permits,
    and how
    it may relate
    to the history of adoption an~amendments
    to Section 40(b)
    of the Act.
    The parties may wish
    to consider
    the materials listed below in preparing such discussion; this
    listing
    is by no means
    intended to prevent the parties from
    considering other relevant materials.
    93_3flC)
    —2—
    Board Opinions and Orders,
    Federal Register
    Section 705.212 governs appeals of RCRA and UIC permits.
    Section 705.212 was adopted with the UIC rules
    in R8l—32,
    47 PCB
    95, May
    13, 1982.
    It was amended with adoption of the RCRA
    permit rules
    in R82—l9,
    53 PCB 131.
    The text of the amendment is
    at
    7 Ill.
    Reg.
    14282.
    There have been no further amendments
    to
    this Section.
    The Section 705.212 appeal provision is analogous
    to the
    provision of 40 CFR 124.19 for appeals
    to the Administrator
    of
    permitting decisions by the Regional A~dministrator.
    40 CFR
    145.11(a)
    (24)—(3l) sets forth which provisions of 40 CFR Part
    124 must be included for authorization
    of State UIC programs and
    40 CFR 271.14 (t)—(aa)
    sets forth which provisions
    of 40 CFR Part
    124 must be included for RCRA programs.
    The
    UIC
    and
    RCRA
    rules
    were
    recently
    amended
    in
    R87—39
    and
    R88—2, June 16 and 30,
    1988 to include the USEPA’s HSWA
    codification rules at 52 Fed.
    Reg. 45797,
    December
    1,
    1987.
    Attention
    is directed
    to the USEPA’s preamble
    to these rules,
    especially 52 Fed. Reg. 45791—45793.
    There
    is
    a general discussion of the nature of
    a RCRA permit
    appeal
    in the RCRA procedural
    rules Opinion
    (R84—l0, January 10,
    1985,
    62 PCB 349, 355.)
    Public Acts Affecting Section 40
    Section 40 was established
    in P.A. 76—2428
    (FIB 3788),
    approved June 29,
    1970.
    P.A. 81—856
    (FIB 453), effective January
    1,
    1980 established
    Section 40(b) and allowed third party appeals
    of Agency
    development permits for hazardous waste disposal sites.
    (Also
    see definitions
    of “Disposal”
    and “Hazardous Waste Disposal
    Site).
    P.A. 81—856 also mandated Board adoption of RCRA
    “identical
    in substance” regulations
    in Section 22.4.
    P.A. 82—380
    (SB 875),
    effective September
    3, 1981 amended
    Section 40(b)
    to allow for
    third party appeals
    of RCRA permits
    for hazardous waste disposal sites.
    It also mandated adoption of
    UIC “identical
    in substance” regulations
    in Section 13(c—d).
    Finally,
    the Board notes that the Agency submitted
    a brief
    on the Section 40
    issue on November
    2,
    1988.
    The Agency is
    requested and given
    leave to supplement
    this brief by November
    15,
    1988 consistent with this Order.
    Again,
    as aforementioned, briefs on this
    issue are now due
    November
    28.
    IT
    IS SO ORDERED.
    93—31~)
    —3—
    I, Dorothy
    M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify
    h
    t
    the above Order was adopted
    on
    the
    ~
    day of
    ________________________,
    1988,
    by
    a
    vote
    of
    ~ -c
    .
    Dorothy M.1unn,
    Cl’erk
    Illinois P5llution Control Board
    93—311

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