ILLINOIS POLLUTION CONTROL BOARD
July 11, 1986
IN THE MATTER OF:
)
)
RCRA UPDATE, USEPA REGULATIONS
)
R86-l9
(2/1/86 THROUGH 3/31/86)
)
PROPOSAL FOR PUBLIC COMMENT.
PROPOSED OPINION OF THE BOARD
(by 3. Anderson):
By
a separate Order, pursuant to Section 22.4(a)
of
the
Environmental Protection Act
(Act),
the Board
is proposing
to
amend the RCRA regulations as adopted in R86—l.
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 May 22, 1986
the Board opened this docket
for the purpose
of updating the RCRA rules
to agree with recent USEPA amendments.
Section 22.4(a)
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.
Neither Title VII
of the
Act nor Section
5 of the Administrative Procedure Act applies
to
rules adopted under Section 22.4(a).
Because this rulemaking
is
not subject to Section
5 of the Administrative Procedure Act,
it
is not subject
to 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 adopted through March
31,
1986.
The Federal Registers utilized are as follows:
February 13, 1986;
51 Fed. Reg. 5327
—
5331
February 25, 1986;
51 Fed. Reg. 6537
—
6542
March
24, 1986;
51 Fed. Reg. 10145
—
10178
HISTORY OF RCRA and UIC ADOPTION
The Illinois RCRA and UIC (Underground Injection Control)
rules,
together with more stringent state
rules particularly
applicab1~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
71-287
—2—
722
Generator Standards
723
Transporter Standards
724
Final TSD Standards
725
Interim Status TSD Standards
726
Specific Wastes and Management Facilities
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 rules has proceeded
in several stages.
The Phase
I RCRA rules were adopted and amended as follows:
R81—22
45 PCB 317, February
4,
1982,
6
Ill.
Reg. 4828,
April
23, 1982.
R82—18
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 rules were adopted
as follows:
R81—32
47 PCB 93, May 13,
1982;
October 15, 1982,
6
IlL
Reg.
12479.
The UIC rules were amended
in R82—18,
which
is referenced
above.
The UIC rules were also amended in R83—39:
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 recently updated the UIC rules:
R85—23
June 20,
1986.
The Phase II RCRA rules included adoption of Parts 703 and
724, which established the permit program and final TSD
standards.
The Phase II rules were adopted and amended
as
follows:
R82—19
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.
71-288
—3—
(Commonwealth Edison et al.
v.
IPCB,
127 Ill. App.
3d 446,
468
N-:-~. 2d
r~9
(~rdDcst.I~84).)
The Board updated the RCRA rules
to correspond with USEPA
amendments
in three dockets:
R84—9
June 13,
1985;
9 Ill. Reg.
11964, effective July
24,
1985.
R85—22
December
20, 1985 and January
9, 1986;
10
Ill. Reg.
968, effective January
2,
1986.
R86—l
July 11,
1986;
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
November
21, 1984,
61 PCB 247;
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 procedures
to be followed
in cases before
it
involving the RCRA rules:
R84—10
December
20, 1984 and January 10,
1985,
62 PCB 87,
349;
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, which
is listed above.
The Board has also adopted requirements limiting and
restricting
the landfilling
of liquid hazardous waste and
hazardous wastes containing
halogenated compounds:
R81—25
October
25, 1984,
60 PCB 381;
8 Ill. Reg. 24124,
December
4,
1984;
R83—28
February 26, 1986;
10
Ill.
Reg. 4875,
effective
March
7,
1986.
The Board has opened
two new dockets dealing with
restrictions on landfilling liquid hazardous waste.
R86—9
concerns implementation of Section 39(h) of the Act, while R86—ll
concerns the relationship of the liquid hazardous waste ban to
the USEPA liquid hazardous waste
bans.
(Orders of February 26,
1986,
and June 11, 1986.)
71-289
—4--
DETAILED DISCUSSION
The USEPA amendments involved in this update are summarized
as follows:
51
Fed. Beg.
5330
Listing of wastes produced from the
manufacture of ethylene dibromide.
51 Fed.
Beg. 6541
Listing of solvent wastes from use of
1,1,2—trichioroethane,
benzene,
2—
ethoxyethano3. and nitropropane.
51 Fed.
Beg. 10174
Regulation of generators between 100
and 1000
kg per month
Section 703.124
This Section
is drawn from 40 CFR
270.1, which was amended
at
51 Fed. Reg.
10174.
Paragraph
(a) has been amended
to remove
the reference
to the 90 day accumulation period.
Instead, the
time periods of Section 722.134 are referenced generally,
since
they will no longer
all
be 90 days.
Section 703.150
This Section
is drawn from 40 CFR 270.10(e), which was
amended at 51 Fed. Reg. 10174.
It was also recently amended in
R86—1.
Paragraph
(d) has been added.
This will
require small
quantity generators of more than 100 kg per month which dispose
of hazardous waste on—site to apply for permits
by March 24,
1987.
Section 720.110
This Section
is drawn from 40 CFR
260.1, which was amended
at 51 Fed. Beg.
10174.
“Small quantity generator” has been
defined as a person who generates
less than 1000
kg
in a calendar
month.
Note that this includes persons who generate less than
100
kg per month.
Section 721.101
This Section
is drawn from 40 CFR
261.1, which was amended
at 51 Fed. Beg.
10174.
Paragraph
(a)(1) has been amended
to
reference “conditionally exempt” small quantity generators, which
is defined
in Section 721.105.
A reference to Part 726 has also
been added,
and the terminology referencing
recycled waste has
been updated.
Section 721.105
This Section
is drawn from 40 CFR 261.5, which was amended
at 51 Fed.
Beg. 10174.
It was also recently amended
in R86—1.
This Section defines “conditionally exempt”
small quantity
71-290
—5—
generators.
Paragraph
(g) specifies the conditions
for exemption
of a small quantity generator under
100 kg per month.
Section 721.131
This Section
is drawn from 40 CFR 261.31, which was amended
at
51 Fed. Beg. 6541.
It was also recently amended in R86—1.
The amendments add to the solvent listings F002 and F005.
1,l,2—trichloroethane has been added for F002,
and benzene,
2—
ethoxyethanol and 2—nitropropane have been added to F005.
Section 721.132
This Section
is drawn from 40 CFR 261.32, which was amended
at 51 Fed. Beg.
5330.
It was also recently amended
in R86—l.
The amendments
add generic wastes K117, 1Q18 and 1Q36.
These are wastes from the production of ethylene dibromide.
Section 721.133
This Section
is drawn from 40 CFR 261.33,
which was amended
at 51
Fed..
Beg. 6541 and 10174.
It was also recently amended
in
RB6—1.
The
amendments derived from 51
Fed. Beg.
6541 identify 2—
nitropropane
as toxic
as well
as flammable, and add listing U359,
2—ethoxyethanol,
to the list of
toxic wastes.
The amendments derived from 51 Fed. Reg. 10174 change the
introductory language to Section 721.133(f)
to reference
the
revised small quantity generator exclusion rule of Section
721.105(a) and
(g).
Section 721.Appendix C
This Section
is drawn
from 40 CFR
261, Appendix III, which
was amended at
51 Fed. Beg. 5330 and 6541.
It was also recently
amended
in R86—l.
The amendments specify analytical techniques
for ethylene dibromide, 2—ethoxyethanol
and 2—nitropropane.
The
Board proposes
to update
the incorporation by reference of
this
table.
Section 72l.Appendix G
This Section
is drawn from 40 CFR 261, Appendix VII, which
was amended at
51
Fed. Beg. 5330 and 6541.
It was also recently
amended
in R86—1.
The amendments derived from 51 Fed.
Reg.
5330 list ethylene
dibromide as the constituent which caused K117,
Kll8 and K136
to
be listed.
The amendments
to 51
Fed.
Reg. 6541 identify 1,1,2—
trichloroethane
as
a constituent which caused F002
to be listed,
71-291
—6—
and 2—ethoxyethanol,
benzene and 2—nitropropane as constituents
which caused F005 to be listed.
Section 721. Appendix H
This Section
is drawn from 40 CFR
261,
Appendix VIII, which
was amended at 51 Fed. Beg. 6541.
It was also recently amended
in R86—l.
The amendments
add 2—ethoxyethanol and 2—nitropropane
to the list
of hazardous constituents.
Section 722.120
This Section
is drawn from 40 CFR 262.20, which was amended
at
51 Fed. Beg. 10174.
This Section creates an exemption from
the manifest requirements for small quantity generators
above 100
kg per month which have a contract with a reclaimer which
specifies the type and frequency of
shipments,
and that requires
such information
to
be displayed on the recycler’s vehicles.
The
generator
is required
to maintain
a copy
of the reclamation
agreement for at least three years after
its expiration.
This
is
similar
to the “Safety—Kleen” exemption from the Part 809
manifest requirement
(127 Ill. App. 3d 446, 468 N.E.
2d 1339
(3rd
Dist.
1984).)
Section 722.134
This Section
is drawn from 40 CFR 262.34, which was amended
at
51 Fed. Reg.
10174.
Paragraphs
(d),
(e) and
(f) add
accumulation times applicable
to small quantity generators over
100 kg per month.
The small quantity generator
is allowed to accumulate
hazardous waste for up
to 180 days, provided the total never
exceeds 6000 kg.
The generator has
to comply with
the usual
storage,
dating and labeling requirements for the accumulated
waste, except that the
small quantity generator must follow
certain specified emergency procedures,
instead of having
to
prepare
a plan pursuant
to Part
725.
The small quantity
generator has
to name an emergency coordinator, train employees
and take certain actions
in the event
of
a spill or
fire.
Paragraph
(e)
allows the small quantity generator
to
accumulate waste
for up to 270 days
if
the generator has to
transport the waste more than 200 miles for off—site
management.
The same quantity limits
and requirements apply to
such a generator.
Paragraph
(f) provides that the small quantity generator
which exceeds the accumulation amounts or times is subject to the
RCRA hazardous waste management permit requirements.
However,
the Agency may extend the time limitations for up
to 30 days “due
to unforseeri, temporary and uncontrollable circumstances.”
71-292
—7—
Section 722.144
This new Section
is drawn from 40 CFR 262.44,
which was
amended at 51 Fed. Reg. 10174.
The small quantity generator
above 100
kg per month
is exempt from recordkeeping and reporting
requirements except as specifically provided.
The small quantity
generator
above 100
kg per month must keep records concerning
accumulation times and quantities in the preceding Section.
Such
generators must also keep copies of manifests and test results
as
specified in Section 722.140, and retain records for longer
periods
if instructed to do
so.
Section 723.120
This Section
is drawn from 40 CFR 263.20, which was amended
at 51 Fed. Beg.
10174.
This Section complements Section
722.120(e).
It exempts
a recycler from the transporter
requirements when the recycler
is carrying waste from
a small
quantity generator above
100
kg per month pursuant to
a
reclamation agreement.
The recycler has
to carry a shipping
paper with the manifest information on
it, and retain records for
at least three years.
This Proposed Opinion supports the Board’s proposal for
public comment of this same day.
IT IS SO ORDERED.
I, Dorothy
M. Gunn, Clerk
of the Illinois Pollution Control
Board, her~ycertify that the above Proposed Opinion was adopted
on the
jfti(.i
day of
~
,
1986,
by
a vote of
~O
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Illinois Pollution Control Board
71.293