ILLINOIS POLLUTIO~JCONTROL BOARD
P~pri1 21,
1988
IN THE MATTER OF:
)
UIC UPDATE,
USEPA~REGULATIONS
)
R88—2
(7—1—87
THROUGH 12—31—87)
)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED OPINION OF THE BOARD
(by J.
Anderson):
By
a separate Order,
pursuant
to Section
13(c)
of
the
Environmental Protection Act
(Act),
the Board
is proposing
to
amend
the
tJIC regulations found
in
35 Ill.
Adm. Code
704.
On January
7,
1988
the Board opened this docket
for the
purpose
of updating the
JIC
rules
to agree with recent tJSEPA
amendments.
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.
Because this rulemaking
is not
subject
to Section
5 of
the AdministratJve Procedure Act,
it
is
not subject
to First Notice or
to Second Notice review by the
Joint Committee on Administrative
Rules
(JCAR).
The federal
UIC
regulations are found
at 40 CFR 144 and 146.
This
rulemaking
updates Illinois’
tJIC rules
to correspond with federal
amendments
during the period July
1 through December
31,
1987.
The Federal
Register utilized
is
as follows:
52 Fed.
Reg.
45797
December
1,
1987
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
88—47 3
—2—
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
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,
l~82, 6
Ill.
Reg.
4828,
April 23,
1982.
R82—18
51 PCB
31, January 13,
1983,
7
Ill.
Reg.
2518,
r4arch
4,
1983.
Illinois received Phase
I
interim authorization on May 17,
1982
(47 Fed.
Reg.
21043).
The UIC regulations were adopted as follows:
RBl—32
47 PCB 93, ~4ay 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
Ill.
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
This Docket
(7/1/87 through 12/31/87)
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:
88—474
—3—
R82—19
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-l9 and R83—24.
(Commonwealth Edison et
a?.
v.
IPCB,
127
Ill.
App.
3d
446;
468 NE
2d 1339 (Third
Dist.
1984).)
The Board updated
the RCRA regulations
to correspond with
USEPA 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
Ill.
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—l; September
4,
1987;
11 Ill.
Reg.
16698, October
16,
1987.
R87—39
Proposed February
25,
1988;
12 Ill.
Reg.
6392,
April
8,
1988.
(7/1/87
——
12/31/87)
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:
88—475
—4—
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
a
USEPA delisting at the request
of Amoco:
R85—2
April
24, 1986;
10
Ill.
Reg.
8112,
effective May
2,
1986.
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
Ill.
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 a?.,
First District,
January 26,
1987).
Hearings on permanent
rules are pending.
GENERAL DISCUSSION
The USEPA amendments derive from
a single Federal
Register:
52 Fed.
Reg.
45797,
December
1,
1987.
This
includes
RCRA modifications, which
are addressed
in R87—39.
Some
of the
modifications are joint RCRA/UIC modifications,
which
are also
addressed
in R87—39.
These amendments concern
the relationship
between RCRA and UIC permits.
SPECIFIC DISCUSSION
Section 704.151
Interim Status
for Class
I Wells
This Section
is drawn
from 40 CFR 144.1(h),
which was added
at 52 Fed.
Reg.
45797,
December
1,
1987.
A hazardous waste
88—476
—5—
injection well
is now required
to have both
a RCR~and a UIC
permit.
RCRA interim status may continue beyond issuance of
a
UIC permit,
until a RCRA permit
is
issued or until the well
qualifies
for
a permit
by
rule.
The interim status requirements
are specified by Parts
704 and 730, and by Section 725.530.
Parts 702 through
704 were based
on USEPA’s consolidated
permit rules, which have now been deconsolidated.
There
is
therefore no close connection between the organization
of Part
704 and
40 CFR 144.
Conversion tables are contained
in the
Opinions
in R85—23 and R86—l.
USEPA has placed the interim
status requirement
in the introductory Section to Part 144.
The
way the Board’s
rules
are arranged,
it
is more appropriate
to
place these requirements
in Subpart
C.
Section 704.161
Application for Permit
40 CFR 144.31(g) was amended
at 52 Fed.
Reg.
45797, December
1,
1987.
This specifies certain material the operator
of a Class
I well has
to provide
in the UIC application.
This
includes
dates
of operation, wastes which have been injected and any
available information concerning past releases.
The Board has adopted
this
as Section 704.161(d).
Section
704.161(c)
includes State
rules which generally require the
operator
to demonstrate
no migration
in the application, and
to
allow the Agency
to promulgate forms.
This Proposed Opinion supports the Board’s proposed Order
of
this same day.
IT
IS
SO ORDERED.
I,
Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify
that
tJ~ie above Proposed Opinion was adopted
on the~/~’~dayof
______________,
1988,
by a vote
of
7~)
Dorothy
M.
nfl,
Clerk
Illinois Pollution Control Board
88—47 7