ILLINOIS POLLUTION CONTROL BOARD
    September 22,
    1988
    IN THE MATTER OF:
    )
    LIQUID HAZARDOUS WASTE AND
    )
    R86-11
    USEPA HSWA PROHIBITIONS
    ORDER OF THE BOARD
    (by J. Marlin):
    On February
    26, 1986 the Board opened
    this Docket
    for the purpose of
    considering modifications to the liquid hazardous waste rules
    adopted
    in R83-
    28C
    in light
    of anticipated
    USEPA landfill
    bans.
    Progress on this rulemaking
    has
    been blocked
    by the
    slow pace of R86-9, which was the subject of
    an
    appeal,
    and on which
    an economic impact study
    is
    still
    pending.
    Because these
    rulemakings
    involve the same Sections,
    it
    is
    necessary to
    at
    least
    have
    a
    proposal
    in R86—9 before
    it
    is
    possible to draft
    a proposal
    addressing the
    subject matter
    of this Docket.
    The Board
    has
    adopted the USEPA landfill
    restrictions
    to date
    in Dockets
    R87-5
    and
    R87-.39.
    (October
    15,
    1987 and June
    14, 1988.)
    35
    Ill.
    Adm. Code
    728.101(d) provides that the RCRA rules
    are cumulative with
    the State
    landfilling restrictions
    in
    35 Ill. Adm. Code 709 and
    729.
    This provision
    guarantees that the statutory mandates of Sections 22.4 and
    22.6 of the Act
    are met
    at
    a
    time when statutes
    and regulations
    are changing rapidly.
    However,
    it
    does so
    in
    an awkward way which,
    in
    the long run, needs
    to
    be
    reviewed
    in
    order to avoid the existence of overlapping State and federal
    regulations governing hazardoUs waste.
    However, the Board
    is not presently
    aware of any specific problems which this regulatory scheme
    is causing.
    In that
    it appears
    to
    be impossible
    to proceed
    at this time,
    and there
    is
    no pressing need
    to address this matter,
    the Board will
    dismiss this Docket.
    Interested persons with specific suggestions for regulatory changes
    are
    invited
    to
    submit them to the Board,
    either
    by way of
    a motion
    to reconsider
    this Order,
    or
    by way of
    a regulatory proposal
    in
    a new Docket.
    IT
    IS
    SO ORDERED
    I, Dorothy M.
    Gunn,
    Clerk
    of the
    Illinois Pollution Control
    Board,
    hereby
    certify that the above Order was adopted
    on the
    ~.~day
    of September,
    1988
    byavoteof
    ~7—r~)
    orothy
    M.
    unn
    Illinois Pollution Control
    Board
    92— 553

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