ILLINOIS POLLUTION CONTROL BOARD

May 14,

1987

IN THE MATTER OF:

)

RCRA UPDATE,

USEPA REGULATIONS

)

R87—5

(10—1—86 THROUGH 12—31—86)

PROPOSAL FOR PUBLIC COMMENT

PROPOSED ORDER OF THE BOARD

(by J. Anderson):

Pursuant

to Section 22.4(a)

of the Environmental Protection

Act (Act),

the Board

is proposing

to amend

the RCRA

regulations.

In accordance with the RCRA procedural rules

(Section 102.202),

the Board invites public comment for

45 days

after publication of

the proposal

in the Illinois Register.

On March 19,

1987 the Board opened this docket for

the

purpose of

updating the RCRA rules

to agree with recent USEPA

amendments.

Section 22.4 of the Act governs adoption of regulations

establishing the

RCRA

program

in Illinois.

Section 22.4(a)

provides for quick adoption of regulations which are “identical

in substance”

to federal regulations;

Section 22.4(a) 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 RCRA

regulations

are found

at 40 CFR 260 through 270, and 280.

This

rulemaking

updates Illinois’ RCRA rules

to correspond with

federal amendments during the period October

1 through December

31,

1986.

The proposal

is attached

to this Proposed Order

for public

distribution.

A major portion of this rulemaking amends language

which

is subject to amendment

in R86—46.

It

is not possible to

prepare a strike and underline text for

these provisions.

Therefore,

for purposes of this Proposed Order,

the Board has

summarized changes without setting out the full text.

Because of

its length, the text of the rules will not be published

in the

Environmental Register and will not appear

in the Opinion

volumes.

However, the entire text will appear

in the Illinois

Register

in the near

future.

The Board will allow

a

full 45 days

for public comment after

the complete text appears in the

Illinois Register.

IT

IS SO ORDERED.

78.117

---

—2—

I, Dorothy

M. Gunn, Clerk of the Illinois Pollution Control

Board, h~rebycertif

that the above Order was adopted on

the

/I~fr~i’

day of

_____________,

1987, by a vote of

~-C~

Dorothy M. dunn, Clerk

Illinois Pollution Control Board