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