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

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