ILLINCIS PCLLUTICN CONTROL BOARD
October ~,
1987
IN THE MATTER OF:
RCRA UPDATE,
USEPA REGULATIONS
)
R87—5
(10—1—86 THROUGH 12—31—8E)
FINAL ORDER.
ADOPTED RULES.
OPINION
CF
THE BOARD
(by
3.
Andcrson):
By
a separate Order,
pursuant
to Section
22.4(a)
of the
EnvironmentEl Protection Act
(Act)
,
the
Board
is amending the
RCRA regulations.
On
£~1arch 19,
1987
the Board opened this docket
for
the
purpose
of updating the RCRA regulations
to agree with
recent
USEPA amendments.
On May 14,
1987,
the Board proposed
amendments.
On July 14,
1987,
Chemical Waste Management
filed
a
motion asking
the Board
to rcdraft
the Proposal
to include
corrections
to the November
7, 1987
Federal Register,
which
corrections
appeared on June
4,
1987.
On
July
16,
1987,
the
Board granted
the motion,
withdrew the Proposed Opinion
and Order
of May 14 and substituted
a modified Proposed Opinion
and
Order.
This matter was delayed
from May
14 through July
16 by
the
need
to finalize the
text
in R86—46 before
the
text of R87—5
could
be finalized
for publication
in
the Illinois Register.
Section
22.4
of the Act governs
adoption of
regulations
establishing
the RCFA procrarn
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 26C through
270,
and 280.
This
rulemaking
updates Illinois’
RCRA regulations
to correspond with
federal amendments during the period October
1 through December
31,
1986.
The Federal Registers utilized are
as follows:
The Board appreciates
the assistance
of Morton Dorothy
in
drafting
the Proposal
and Opinion.
82—391
—2—
51
Fed.
Peg. 35190
October
1,
1986
51
Fed.
Peg.
37725
October
24,
1986
51
Fed.
Peg.
40636
November
7,
1986
52
Fed.
Req.
21010
June
4,
1987
(Corrections)
During this period the Federal Register
also included
a
large
number
of delistings.
As provided
by Section 720.122,
the
Board
will not adopt site—specific delistings
unless and until
someone proposes
that
the Board
adopt
the deisting
and
demonstrates why
the
delisting
is necessary
in Illinois.
PUBLIC COMMENT
The Board proposed these regulations
for public comment
in
its revised Opinion
and Order
of July
16,
1987.
The proposal
appeared on August
14,
1987,
at
11
Ill.
Pea.
13199.
The Board
received the following public
corrment:
PC ~l
United States Environmental Protection Agency,
by Karl
Bremer and Gary Westefer,
September
4,
1927.
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 U1C Permit Programs
703
RCPA Permit Program
704
UIC Permit Program
705
Procedures
for Permit Issuance
709
Wastestrearn Authorizations
720
General
721
Identification
and Listing
722
Generator Standards
72:
Transporter Standards
724
Final
TSD Standards
725
Interim Status TSD Standards
726
Specific Wastes
and Management Facilities
722
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
PCPA regulations were adopted
and amended
as
82—392
follows:
P81—22
45 PCB
317,
February
4,
1922,
6
Ill.
Peg.
4828,
April
23,
1982.
P82—iS
51 PCE 31, January 13,
1923,
7
Ill.
Req.
2518,
March
4,
1983.
Illinois received Phase
1
interim authorization
on May 17,
1982
(47 Fed.
Peg.
21043).
The UIC regulations were adcpted
as
follows:
P81—32
47 PCB
93, May
13,
1982;
October
15,
1982,
6
Ill.
Peg.
12479.
The UIC regulations were
amended
in
P82—18, which
is
referenced
above.
The UIC regulations were also amended
in P83—
39:
P83—39
55 PCB 319,
December
15,
1983;
7
Ill.
Peg.
17338,
December
20,
1983.
Illinois received U1C authorization February
1,
1984.
The
Board has updated
the 010 regulations:
P25—23
June
19,
1986;
10
Ill.
Peg.
13274, August
8,
1986.
P86—27
Dismissed April
16,
1987
(No USEPA amendments
through 12/31/86).
P87—29
Proposed September
17,
1987
(1/1/87
through
6/30/87)
The Phase
II
FCPA regulations included adoption of Parts
703
and 724, which established
the permit program and final
‘ISD
standards.
The Phase
II regulations
were
adopted and amended
as
follows:
P82—19
53 POE 131, July
26,
1923,
7
Ill.
Pea.
13999,
October
22,
1923.
P63—24
55 PCB 31, December
15, 1983,
8
Ill.
Peg.
200,
January
6,
1984.
On September
6,
1964,
the Third District Appellate Court
upheld
the Board’s actions
in adopting P82—19 and P83—24.
(Commonwealth Edison et
al.
v.
IPCE,
127
Ill.
App.
3d
446;
468 NE
2d 1339
(Third fist.
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:
82—393
—4—
P84—9
64 PCB 427, June
13,
1985;
9
Ill.
Req.
11964,
effective July
24,
1985.
(through 4/24/84)
P85—22
67 PCB 175,
479,
December
20,
1985 and January
9,
1966;
10
Ill.
Peg.
968,
effective January
2,
1986.
(4/25/84
——
6/30/85)
P86—1
July 11,
1986;
10
Ill.
Peg.
13998, August
22,
1966.
(7/1/85
——
1/31/86)
P86—19
Octobcr
23, 192?;
10
Ill.
Peg.
20630, December
12,
198?.
(2/1/86
——
3/31/86)
P86—22
February
5
and March~5, 1927;
Il
Iii.
Peg.
6017,
April
3,
1987.
Correction April
16,
1987;
11
Ill.
Peg.
8624, May
3,
1987.
(4/1/86
——
6/30/86~
P86—46
July
16, 1987;
August
14,
1987;
Ii
Ill.
Peg.
13435.
(7/1/81
——
9/30/86)
P87—5
This Docket.
(10/1/86
——
12/31/86)
P87—26
September
4,
1987
(1/1/87 through 6/30/87)
P87—32
Correction to R86—1;
September
4,
1987.
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:
P84—34
Cl PCB
247, November
21, 1924;
8
Ill.
Peg.
24562,
effective December
11,
1984.
‘Ibis
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:
P85—2
April
24,
1986;
10
Ill.
Peg.
8)12,
effective May 2,
1926.
The Board
has procedures
to
be
followed
in cases before
it
involving the RCRA regulations:
P84—lU
62 PCB
8.7,
349, December
20, 1984 and January 10,
1985;
9
Ill.
Peg.
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 P85—
22 and amended
in P26—46, listed above.
The Board
has also adopted
requirements limiting
and
82—394
—
C—
restricting the landfilling
of liquid hazardous waste, hazardous
wastes containing halcgenated compounds and hazardous wastes
generally:
P81—25
60 PCE 381,
October
25,
1984;
8 Ill.
Req.
24124,
December
4,
1984;
P83—28
February
26,
1966;
10
Ill.
Peg.
4875,
effective
March
7,
1986.
P26—9
Emergency regulations adcpted October
22,
1986;
10
Ill.
Peg.
19787,
effective November
5,
1986.
The Board’s action
in
adopting emergency regulations
in PEE—
9 was reversed
(CEE and IEPA
v.
IPCB et
al.,
First District,
January
26,
1967).
DETAILED DISCUSSION
The USEPA amendments
involved
in
this update are summarized
as
follows:
51
FR
198?
35190
October
1
waste minimization certification
37725
October
24
Listing of ethylenebisdithiocarbamic
acid
40636
November
7
Land disposal
restrictions
Almost
all
of the amendments
result from the November
7
land
disposal restrictions,
and from the June
4,
1987 corrections
noted above.
Section 721.132 and two appendices
are amended
as
a
result
of
the October
24
listings.
The waste minimization
certification affects only the manifest form, which
the Agency
prepares consistent with the federal
form.
Section
702.187
This Section
is drawn from
4C CFR 270.42(o),
which was added
at
51
Fed.
Peg.
40636.
The amendments add
a new type
of
“minor
modification”
of
a RCRA permit which
the Agency can grant without
following
the
full Part 705 procedures.
The Agency can
so modify
a permit
to allow treatment
of restricted wastes
in accordance
with Part
728 treatment standards
or
an adjusted standard
approved by the Board.
However,
the minor modification
route
cannot
be used
to approve changes
in processes
or physical
equipment.
Incorrect
references
in the USEPA rule
to 40 CFP 268 have
been corrected.
In addition,
40 CFR 270.42(o)(4)
has been
reworded
for clarity.
Section
703.183
82—395
—6—
This Section
is drawn
from
40 CFR 270.14(b)(2l),
which was
added
at
51
Fed.
Req.
40636.
The applicant
has to
include copies
of any extensions
or adjusted standards
from Part 728 with
the
permit application.
Section 703.241
This Section
is drawn from
40 CFR 270.32(b)(1), which was
amended
at
51 Fed.
Peg.
40636
to add references
to Part
268.
Section
720.101 through
721.130
Several Sections have been amended
to
add references
to new
Part
728.
These
are drawn
from
51
Fed.
Peg.
40636.
40 CFR 260.l(b)(l)
and
(b)(4) have
no counterparts
in
Section
720.101.
The references
at
51
Fed.
Peg.
40636
to
40 CFR
26l.7(a)(l)(ii)
and
(a)(2)(ii)
appear tobe
incorrect.
The Board
has interpreted these
as the equivalents
of Section 72l.107(a)(l)
and
(2).
Section 720.104
The Board
has modified Section
721.l04(a)(2)
to reference
the Illinois NPDES permit program,
rather than the equivalent
federal program
under
the Clean Water Act.
Section
721.111
The Board has
added
this
Section
to
the proposal
to
incorporate by
reference the USEPA Quality Assurance document
referenced
in Section 728.106, discussed
below.
Section 721.132
This Section
is drawn from
40 CFR 261.32,
which
was amended
at
51
Fed.
Peg.
37725,
to add listings
1123
through
1126.
These
are
related
to production
of ethylenebisdithiocarbamic
acid,
a
pesticide precurser.
Section 721, Appendices
C
and G
The incorporation by reference
of the test methods has been
updated
to
include testing
for ethylenebisdithiocarbamic
acid.
The basis
for listings
1123
through
1126
has been
identified
as
the presence
of ethylene thiourea.
Section
722.113
This,
and all the following Sections,
are drawn from 40 CFR
262.11(d), which was added
at
51
Fed. Peg.
40636
to
reference new
40 CFR
268.
This has been reworded
for clarity.
Section
722, Appendix A
82—396
40 CFR
262,
Appendix
is
the uniform hazardous waste manifest
form.
In Illinois,
as provided
by Section 722.120,
the Agency
prepares manifest forms
based
on the USEPA form.
The Agency will
include
the generator certification of waste minimization
in the
form consistent with
the federal form.
The Board repealed
this Appendix
in P84—9 when
it modified
Section 722.120
to require
the
use of Agency forms.
The
Board
has decided
that
this would be clearer
if the regulations
included an incorporation by
reference of the USEPA form with
a
specific directive
to
the Agency
to prepare
the forms.
The Board
has
therefore so provided
in
this Appendix.
Section 723.112
This. Section has been amended
to include
references
to Part
728.
Section 724.101
This Section was amended with the June
4,
1987
corrections.
Subsection
(h) makes
it clear
that the facility
standards apply
to people managing waste
regulated under Part
728.
Section 724.113
Sections 724.ll3(a)(l) and
(b)(6) have been amended
to
include references
to new Part 728.
This Section was amended
with
the June
4,
1987 corrections.
Section 724.l13(b)(7) has
been added
to include analyses required by Section 728.104
for
lagoons
exempt from land disposal restrictions.
40 CFR
264.13
(a)(l)
includes an apparent typographical error which the Board
has corrected:
“..
.
this part of Part 268...”
has been
interpreted
as “this
Part
or
35
Ill.
Adm.
Code 722.”
Section 724.173
Section 724.l73(b)(lO)
through
(14) have
been added.
These
require
that various notices required under Part 728 be placed
in
the TSD facility’s operating record.
This Section was amended
with the June
4,
1927 corrections.
The amendments correct minor
typographical errors.
40 CFR 264.73, and 265.73,
contain what appears
to
be
a
consistent
error.
They make
repeated reference
to “the notice
required by the generator”
under various provisions
of
40 CFR
268.
However, these provisions
require that
the generator
prepare
a notice
to send with the waste
to the TSD facility.
Accordingly,
the Board
has rendered these
as “the notice required
of the generator.”
Section 725.101
82—397
—8—
This Section was amended with
the June
4,
1987
corrections.
Subsection
(e) makes
it
clear
that the interim
status standards apply to people managing wastes
regulated under
new Part
722.
Section 725.113
This
is the same
as Section 724.113, only
it applies
to
interim status facilities.
Section
725.173
This
is
the
same as Section 724.173.
The added Sections
are
numbered
(b)(E)
through
(12).
Section 722.101
The following Sections
are drawn
from
40 CFR
268.
They were
added
at
51
Fed.
Peg.
40636, November
7,
1986.
This
is USEPA’s
land disposal
ban.
This Section was amended with the June
4,
1987
corrections.
The amendments correct minor typographical
errors.
The amendments
correct grammar
in the sequential
listings.
The amendments
to
subsection
(c)(4)
add
an exemption
for persons generating
less than one kilogram of acute hazardous
waste
per month.
40 CFR
268,
Subpart
B was adopted by USEPA at
51
Fed.
Beg.
19305, May 28,
1986.
Subpart
B
is
the schedule USEPA intends
to
follow in promulgating
its land disposal
bans.
The Board
declined
to adopt
the schedule
in P86—28.
Section 722.101 defines
the purpose,
scope
and applicability
of the USEPA land
disposal bans.
Subsection
(d)(3) exempts
CERCLA and RCRA corrective action wastes until November,
1988.
The Board
has defined “CERCLA”
and
“RCBA corrective action”
below.
The Board
has land disposal restrictions which were adopted
in P81—25 and
in R83—28.
35
Ill.
Adm.
Code
709,
and Sections
22.6 and 39(h)
of the Act,
require wastestream authorizations,
while
35 Ill.
Adm.
Code
729 includes standards under which
halogenated solvents and liquids can be disposed.
The Board has
added subsection
(d)
to state
the relationship
to Parts 709 and
729.
Parts
728 and 729 are cumulative:
a waste must meet the
requirements of both Parts before the Agency can
issue
a
wastestream authorization.
Section 728.102
This Section
includes specialized definitions.
The Board
has added definitions of
“Agency,”
“Board,”
“CERCLA” and “USEPA,”
abbreviated names which
are used
in
the text.
82—398
—9—
This Section was amended with the June
4,
1987
corrections.
The exclusions have been removed from the
definition
of
“land disposal.”
The Board has also defined
“RCRA corrective action,”
a term
which
is used
in Section 728.l01(c)(3)
and in other places
in
reference to the temporary exemption
for clean—up waste.
The
definition references
the Board’s corrective action provisions
in
35
Ill.
Adm.
Code 724 and 725 and the comparable USEPA rules.
In
addition,
the definition includes wastes produced under RCRA
corrective action pursuant
to authorized
PCRA programs
in other
States.
Section 728.103
This Section prohibits dilution
as
a substitute
for
treatment.
Section 728.104
This Section exempts
treatment
in surface impoundments from
the land disposal
ban.
The operator has
to demonstrate that
treatment occurs
in the lagoon,
and has
to analyze both the
supernatent
and sludge
to show that they meet any treatment
standards.
This Section was amended with
the June
4,
1987
corrections.
The amendments correct minor typographical
errors.
The amendments correct grammar
in
the sequential
listings.
The introductory language
is now worded
to say that
treatment
is allowed
in impoundments,
rather than
to exclude
the
treatment from the Part.
The lagoon exemption applies only
to surface impoundments
which
have double liners,
or which
are exempted under one of
three
other provisions
(Section 728.104(c)(l)
—
(3)).
The first
is one
of
the exemptions
from
the double liner requirement
for
new impoundments found
in Sections
724.321 or 725.321.
The
second
is for
an non—leaking,
lined lagoon with groundwater
monitoring which
is located more than
a quarter mile from an
“underground source of drinking water.”
The third requires
a
demonstration of “no migration
of any hazardous
constituent into
groundwater
or
surface water at any future
time.”
These exemptions
raise questions
as to whether Board
or
Agency action
is required.
With respect to the first,
the
determination will
be made
as provided
in Part 724 or
725.
Some
of
these are
to be made by
the Board,
and others by the Agency.
The Board
has not disturbed
these provisions,
which were last
amended
in P86—i.
With respect
to
the second,
the Board
has provided that the
determination
is
to be made by the Agency by way of permit action
(Section 728.l04(c)(2)).
The regulation
includes standards which
82—399
—10—
the Agency can apply
in the context
of permit issuance,
subject
to review by the Board.
Interim status facilities will have to
make
a Part
B application
to obtain this exemption.
The third
exemption
is
the demonstration of
no migration
at
any future
time.
This
is
similar
to Section
724.321(e)(2)(B),
with
respect
to lagoons
in general, which
is
to be made
by the
Board.
The Board will make
this determination also.
The similarity
of Section 724.32l(e)(2)(B)
to Section
728.l04(c)(3)
raises
a possible question of
interpretation, which
the
Board posed
in
the Proposed Opinion.
The former
demonstration,
which would
be made
to
the Board
in
a site—
specific rulemaking, would
allow construction
of
an unlined
monofill surface impoundment.
The latter, which would
be made
through
an adjusted standard, would
allow placement
of specific
wastes
in any impoundment.
An alternative
interpretation
is that
these provisions
are intended
to be linked,
so that the Section
728.104(c)(3)
adjusted standard would
be available only
to the
monofills exempted under Section 724.321(e)(2)(B).
USEPA
confirmed
in
its comment
that the former
interpretation
is
correct, that
the provisions
are not linked.
The June
4
corrections
to Sections 722.104(c)(2)
and
(c)(3)
add
a requirement of notice
and comment before USEPA acts
on
these waivers
and adjusted standards.
The Board approach
of
placing
these decisions within
the permit issuance and adjusted
standards procedures accomplishes
the
same result.
Section 728.104 has
a number
of editorial problems.
First,
40 CFR 268.4
has a subsection
(a), but no subsection
(b).
This
is not allowed under
Illinois codification
rules,
and has not
been corrected.
It
is necessary
to promote
each
level of
subdivision
in forming
the Illinois regulation,
so that 40 CFR
268.4(a)(l) corresponds with
35
Ill.
Adm.
Code
728.104(a).
This
violates the simple correspondence
rule which exists within
virtually
all
of Parts
720
—
726,
and complicates
cross
referencing this Section.
Second,
the introductory language
of
40 CFR 266.4(a)(3)
seems
to be missing
an essential
verb.
This
is amended with
the
corrections,
but not fixed.
The Board
has added
“is”
to make
it
clear
that
a condition
is that
the impoundment
“is
in compliance
with applicable groundwater monitoring requirements.”
The USEPA
rule seems
to say
:
“regardless
that the unit may not
...
be
in
compliance
with applicable groundwater monitoring requirements,”
an unlikely, but grammatically correct,
interpretation.
Third,
the introductory language also
repeats
a reference
to
40 CFR 264, where
265
is probably intended the second
time.
Fourth,
40 CFR 268.4(c)(1) needs
a verb which
the Board
has
supplied.
Section 728.105
82—400
—11—
Rather
than adopt
an equivalent
to the text
of
40 CFR 268.5,
the Board
has referenced
the USEPA procedure
for extensions
of
the effective
date,
and provided that any extensions granted by
USEPA will
be deemed extensions
of any dates specified
by Board
regulation.
This appears
to be what USEPA intended
in the
discussion
at
51
Fed.
Beg.
40618.
(PC
1)
The Board
has concluded that USEPA
intended that the States
not adopt
the procedures
of
40 CFP 268.5 which
allow extensions
of compliance dates.
USEPA
is specific
as
to the need for
national uniformity
on extensions.
The Board concludes
that
USEPA intended
to preempt
the States should
they adopt
a date
which
is
subsequently extended.
The Board
has therefore provided
that USEPA extensions
will automatically preempt
any derivative
Board
regulation.
The Board will
adopt
the extension when
it
updates
the regulations
in the ordinary course of events.
However,
the extension will
have already become automatically
effective.
This Section was amended with the June
4,
1927
corrections.
The Board has included
the amendments
in the
incorporation by reference.
Section 728.106
This Section allows
a site—specific exemption from the land
disposal bans
of Subpart
C on
a demonstration
of “no migration
of
hazardous constituents
...
for
as long as the wastes remain
hazardous.”
This
is similar
to the demonstration
of Section
724.321(b), which must
be made
to the Board.
The Board
will
utilize
the adjusted standards procedures
of Part
106,
adopted
in
P86—46,
as
the mechanism for making this decision.
This
exemption will
be dealt with
as
an adjustment
of the treatment
standard set
in Subpart
C.
40 CFR 268.6(b)(2)
and
(4)
require USEPA to approve
sampling
and quality assurance plans for demonstrations.
There
are two
ways
to interpret these.
USEPA has confirmed
that this means
that
the sampling and quality assurance plans have
to meet USEPA
rules
and guidance documents for
the exemption to
be granted.
However, USEPA does not formally approve
the specific plans prior
to submission
of
the petition.
(PC #1)
The Board has therefore
modified
the proposal
to
so state.
TJSEPA has indicated that
it reviews QA/OC plans with
respect
to two guidance documents:
“Test Methods
for Evaluating Solid
Waste,” which
is already incorporated
by reference
in Section
720.111,
and “Generic Quality Assurance Project Plan for Land
Disposal Restrictions Program,”
EPA/530—SW—67--01l, which
the
Board will
add to the incorporations
by
reference
list.
This exemption could
be compared
to the “economically
reasonable
and technically feasible”
(“ERTF”) demonstration
to
the Agency under
the liquids and general hazardous
waste bans
in
82—401
—~2—
Illinois.
The “no migration”
standard
of the USEPA rule does not
fit into the ERTF showing; rather,
they are independent
exemptions.
Note that under Section 728.101
the “no migration”
exemption would apply only to the USEPA bans,
and the ERTF
showing would apply only
to the Illinois Part 729
and statutory
bans.
This Section was amended with the June
4,
1987
corrections.
The amendments correct minor
typographical
errors.
Section 728.107
The generator
has
to determine whether
a waste
is
restricted.
If he
determines
that
he
is managing
a restricted
waste,
he has to attach various certifications
to the manifest
before
shipping.
This Section was amended with the June
4,
1987
corrections.
The Board has corrected an additional typographical
error
noted
by USEPA.
(PC
#1)
Section 728.130
Subpart
C contains
the USEPA prohibitions
on land
disposal.
Section 728.130
is the prohibition of
solvent
wastes.
This
is comparable
to the
35 Ill.
Adm.
Code 729
regulations on halogenated solvents which were adopted
by
the
Board
in P81—25.
40 CFR 268.30(b)
contains
an apparent typographical error
which the Board
has corrected.
The USEPA rule includes
a
temporary rule which appears
to apply only
if
three conditions
are met.
“Cr”
is probably intended,
since
some
of the conditions
are mutually exclusive.
This Section was amended with
the June
4,
1987
corrections.
The amendments correct grammar
in
the sequential
listings.
Section
728.131
This is USEPA’s
restriction on land disposal
of dioxin
containing wastes.
This Section was amended with
the June
4,
1987 corrections.
The amendments correct grammar
in the
sequential
listings.
The amendments add F022 to
the list of
wastes.
Section 726.140
Subpart D includes treatment standards.
Residuals
from the
treatment of
restricted wastes can
he land disposed
if they meet
a treatment standard.
Treatment
standards are either expressed
as
a concentration of
constituents
in
the waste extract,
or by
82—402
—13—
specification of
a treatment method.
This Section was amended with
the June
4,
1987
corrections.
The amendment distinguishes wastes and treatment
residuals.
Section
728.141
40 CFR 268, Appendix
I specifies
an extraction procedure for
treatment residuals.
A
residual from treatment
of
a restricted
waste may be
land disposed
if
its extract meets
these
standards.
The constituents
for which standards
are included are
solvents
and dioxin—related
compounds.
it would
be difficult
to place
the USEPA
table
in
the Board
regulation and comply with codification
requirements.
The Board
has therefore made
the table
a “Table,”
a
type of Appendix, which
will
be referenced
in
the regulation.
Section 726.142
This
Section will
specify certain treatment technologies,
the residuals of which
can
be
land disposed.
No technologies are
presently specified.
Subsection
(b) allows the Agency to approve
alternative
treatment technologies
if they “achieve
a level
of
performance
equivalent
to that achieved
by methods specified.”
This appears
to
be an objective standard which
the Agency can apply
in
the
context
of
permit issuance, subject
to review by the Board.
Section
728.144
40 CFR 262.44 provides
for “variances” from treatment
standards where
the petitioner demonstrates
that
“because the
physical
or
chemical properties of the waste differ significantly
from wastes analyzed
in developing
the treatment standard,
the
waste cannot
be treated
to specified levels
or
by the specified
methods.”
This differs from Section 728.142(b)
in that the
former
is available even
if the operator can use the specified
treatment,
while the
latter does not require
treatment
to the
specified level.
The Board’s variance procedures
are not appropriate
for this
determination.
Board variances require
a showing
of
individual
hardship as well
as
a compliance plan, and grant
only temporary
relief.
The Board
has deleted
the word “variance”
to avoid
confusion with the
35
Ill.
Adm.
Code
104 variance procedures.
This procedure
is adjustment of an environmental control
standard
set by
Board regulation.
The Board
will utilize
the
Part 106 adjusted standards procedures adopted
in P26—46
to grant
these “variances.”
82—403
—14—
This Section was amended with the June
4,
1987
corrections.
The certification of Section 728.144(c) has been
ad~ded.
Section 728.150
This Section prohibits storage of
restricted wastes except
incident
to transportation
or
for accumulation
of sufficient
quantities
as necessary
to facilitate proper
re;overy,
treatment
or disposal.
There
is
a presumption
that storage
for over one
year
is
not necessary.
This Section was amended with the June
4,
1987
corrections.
Storage has
to
be
in
tanks
and containers,
which
are dealt with separately.
The amendments
correct grammar
in the
sequential listings.
Table
A
This
is
the
table
of maximum concentrations
of solvents and
dioxins
in
the waste extract.
Because
of possible codification
problems,
it has been removed
from Section 728.141
and made
a
separate table.
This Section was amended with the June
4,
1987
corrections.
The amendments correct minor
typographical
errors.
Appendices
The Board will
incorporate
the Appendices
by
reference
instead
of setting
them out
in
full.
Appendix A references
the
method
for
testing the waste extract.
Appendix B references
the
treatment methods
used
to achieve
the treatment standards.
The
Board
has included the June
4,
1987 corrections
in the
incorporation by reference.
This Opinion supports
the Board’s Order
of
this same day.
IT
IS
SO ORDERED.
I,
Dorothy
M. Gunn,
Clerk
of
the Illinois Pollution Control
Board,
hereby certify
t,hat
the above Opinion was adopted
on
the
/~ZZday of
~
,
1987,
by
a vote of
~O
Illino
lution Control
Board
82—404
