ILLINOIS POLLUTION CONTROL BOARD
    June
    30,
    1988
    IN THE MATTER OF:
    )
    UIC UPDATE, USEPA REGULATIONS
    )
    R88—2
    (7—1—87 THROUGH 12—31—87)
    FINAL ORDER.
    ADOPTED RULE
    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 amending the UIC
    regulations found
    in 35
    Ill. Mm. Code 704.
    On January
    7,
    1988 the Board opened this docket for
    the
    purpose
    of updating the UIC rules
    to agree with recent USEPA
    amendments.
    On April
    21, 1988 the Board adopted an Opinion and
    Order proposing to amend Part 704.
    Section 13 of
    the Act governs adoption of regulations
    establishing the tJIC
    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 Administrative 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’ UIC 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
    PUBLIC COMMENT
    The proposal appeared on May 13,
    1988, at 12
    Ill.
    Reg.
    8229.
    The Board has received the following public comment:
    PC
    1
    United States Environmental Protection Agency
    (USEPA), June 7,
    1988
    PC
    2
    Illinois Environmental Protection Agency
    (Agency or
    IEPA), June 13,
    1988
    PC
    3
    Impact Analysis from Small Business Office
    (Department of Commerce and Community Affairs),
    June 30,
    1988
    90—679

    —2—
    USEPA and IEPA each indicated that the rules should be
    adopted as proposed.
    The Board also received codification comments from the
    Administrative Code unit.
    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
    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:
    R81—22
    45 PCB 317, February 4,
    1982,
    6
    Ill.
    Reg.
    4828,
    April
    23,
    1982.
    R82—l8
    51 PCB
    31, January 13,
    1983,
    7
    Ill.
    Reg.
    2518,
    March
    4,
    1983.
    Illinois received Phase
    I interim authorization on May 17,
    1982
    (47 Fed.
    Reg.
    21043).
    The UIC regulations were adopted
    as follows:
    R8l—32
    47 PCB
    93, May 13,
    1982;
    October
    15,
    1982,
    6
    Ill.
    Reg.
    12479.
    The UIC regulations were amended
    in R82—l8, which
    is
    referenced above.
    The UIC regulations were also amended in R83—
    39:
    90—680

    —3—
    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:
    R82—l9
    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 al.
    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—J.
    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)
    90—681

    —4—
    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—1;
    September
    4, 1987;
    11
    Ill.
    Reg.
    16698, October 16,
    1987.
    R87—39
    Adopted June 14, 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:
    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—10
    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.
    90—682

    —5—
    The Board’s action
    in adopting emergency regulations
    in R86—
    9 was reversed (CBE and IEPA v.
    IPCB et al., 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
    injection well
    is now required to have both
    a RCRA 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—1.
    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.
    The Board will withhold filing
    of these rules until July
    15,
    1988
    to allow for
    final review by the agencies involved in the
    authorization process and for any motions
    to reconsider.
    This Opinion supports the Board’s Order
    of
    this same day.
    IT
    IS SO ORDERED.
    90—683

    —6—
    I, Dorothy M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Opinion was adopted on
    the
    ~ot~
    day
    of
    _____________,
    1988,
    by a vote of
    7-~
    Dorothy S.
    Gunn, Clerk
    Illinois Pollution Control Board
    90—684

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