ILLINOIS POLLUTION CONTROL BOARD
August 8, 2002
IN THE MATTER OF:
)
)
UIC UPDATE, USEPA REGULATIONS ) R03-5
(January 1, 2002 through June 30, 2002) ) (Identical-in-Substance
) Rulemaking - Land)
Proposed Rule. Dismissal Order.
ORDER OF THE BOARD (by M.E. Tristano):
Section 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/13(c) (2000))
requires the Board to adopt regulations that are “identical in substanc” to regulations of the
United States Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2000).
Specifically, Section 13(c) relates to underground injection control (UIC) regulations that
USEPA adopted to implement provisions of the Safe Drinking Water Act (42 U.S.C. § 300h
et
seq
. (1998)). USEPA has codified its UIC regulations at 40 C.F.R. 144 through 148. The
Board reserved this docket for any UIC amendments adopted by USEPA between January 1,
2002 and June 30, 2002.
USEPA made two affirmative determinations during the period that actions were not
necessary. On April 4, 2002 (67 Fed. Reg. 16262), USEPA determined not to list certain
paint production wastes as hazardous and impose land disposal restrictions on them. On
June 7, 2002 (67 Fed. Reg. 39584), USEPA determined no further regulatory action was
necessary with regard to any Class V injection wells not included in the December 7, 1999
rules applicable to motor vehicle waste disposal wells and large-capacity cesspools. USEPA
determined that existing regulations were adequate as to these Class V wells, which include
shallow non-hazardous waste industrial disposal wells, large-capacity septic systems,
agricultural and storm water drainage wells, and others. But, during that time period, USEPA
did not amend its UIC regulations. Therefore, no action is necessary, and the Board dismisses
this docket.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
above order was adopted on August 8, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board