ILLINOIS POLLUTION CONTROL BOARD

December 20, 1985

IN THE MATTER OF:

)

)

NON—HAZARDOUS SPECIAL WASTE

)

R84—43

MANIFESTS

)

)

DENR

SPECIAL WASTE

)

R85-’27

CATEGORIZATION STUDY

)

(Consolidated)

PROPOSED RULE. FIRST NOTICE.

CONSOLIDATION OF REGULATORY PROCEEDINGS.

INITIAL OPINION AND ORDER OF

THE

BOARD

(by

7.

D. Dumelle):

R84—43 was established in December 1985 to comply with the

statutory mandate in Section 22.01 of the Environmental

protection Act (Act), which states:

By

January

1,

1986,

the

Board

shall

review

and

consider

the

repeal

of

any

existing

rule

or

regulation

that

requires manifests

for

the

shipment

of non—hazardous special wastes.

However, the Board

shall adopt regulations that require that

facilities

accepting non—hazardous special wastes

file a report

with

the Agency,

on an annual basis,

specifying

the

quantities

and disposition of

non—hazardous

special

wastes accepted

for treatment, storage or disposal.

Inquiry hearings were held in this matter on March 4, 1985

and March 29, 1985.

The record

in this proceeding consists of

the transcripts of these two hearings, 11 exhibits

I

including

proposed language from both the Illinois Environmental Protection

Agency (IEPA) and the Illinois State Chamber of Commerce (ISCC),

and 6 public comments.

In summary, having considered this question, the Board finds

that it would be imprudent to repeal the manifest requirement at

this time, and that further deliberation should proceed under

a

consolidated R84—43/R85—27 Docket.

The language of Section 22.01 requires that

the Board

‘review and consider’ the repeal of Board regulations requiring

manifests for the shipment of non—hazardous special wastes.

It

is

clear

that

the

General

Assembly

did

not

mandate

repeal

of

the

manifest requirement, but rather intended that

the Board review

the ‘pros’ and ‘cons’ of such a repeal.

The Board utilized the

inquiry hearing process to provide interested parties with an

opportunity to present their views on the record, and to enable

67-103

---

—2—

the Board

to consider the relationship of such a repeal

to other

aspects of the regulatory program for special wastes.

The great bulk of the testimony received by the Board on

this question argues against wholesale repeal of the manifest

requirement

and

in

favor

of

a

more

limited

amendment

of

the

manifest

requirement

in light of the broader question of what

should

constitute

a

special waste.

witnesses representing the

full spectrum of waste generators, waste haulers, waste disposal

operations, and environmental public interest groups all agreed

that at least some sort of individual load tracking system is

necessary for at least some of the non—RCRA special wastes.

(See

a. pp. 12—26, 106—114, 149—151, 223—232, 131.)

IEPA, which is

the enforcement agency and the agency handling the computerized

manifest match—up systems, also agreed that an individual load

tracking system is essential for enforcement, although it

believes the IEPA itself need not receive copies of the

manifests.

(See R. pp. 48—50, 99).

Other reasons cited for maintaining an individual load

tracking document included:

1) the fact that it provides

information necessary to prepare the annual or quarterly report,

2)

it enables disposal facility operators to ensure compliance

with their supplemental permits,

3)

it provides a record of the

‘chain of custody’ of the wastes which may protect the parties

involved from subsequent liability for mishandled wastes, 4) it

acts as a ‘label’ or

‘warning’ that these wastes require special

handling,

5) some parties believe that many of the wastes that

presently are not considered hazardous under RCM either should

be or are likely to be so considered in the future,

and

thus

require tracking as cautiously as RCRA hazardous wastes.

The

Board

is

persuaded

by

the

statements

made

by

several

witnesses

that

if

a

waste

is

considered

a

special

w~sbeand.

therefore requires special handling, e.g. disposal only pursu~nt

to a supplemental permit, the waste should be accompanied by a

manifest or tracking document.

The special waste issue is currently being reviewed under

another docket, R85—27, consistent with another legislative

mandate in Section 22.9 of the Act and in the context of a

recently submitted Department of Energy and Natural Resources

(DENR) study entitled ‘Special Waste Categorization Study’.

The

special waste

issue is also an important component of the ongoing

1184—17 ‘chapters 7 and 9 Update’ proceeding.

Given these circumstances, the Board believes it would be

putting ‘the—cart—before—the—horse’ to attempt to repeal ~r

otherwise modify the manifest requirement at this time.

Such

modification would run the risk of being either over or under

inclusive in terms of the wastes subject to the new

requirements.

At best, any such modification would have to be

considered to be an interim measure, subject to further review at

the very least in the 1185—27 proceeding.

Lastly, the Board

is

67-164

---

not persuaded that the hardship involved

in continuing

to comply

with the existing

regulations

for

a period of time needed

to

more

fully consider

related issues, particularly those

in

R85—27,

outweighs the cost

and potential confusion

that would be

incurred

by requiring compliance with new,

interim measures.

The legislative mandate

in Section 22.01

states that

the

Board ~

regulations

requiring that facilities accepting

non—hazardous special

wastes

file

an annual report on these

wastes with the IEPA.

The Board

construes this language

as

a

non~discretionarymandate,

i.e.,

that the Board

shall require

annual

reporting

for special wastes whether

or not manifests are

required.

However,

the Board recognizes that

it

is preferable

to

deal with the specifics of the annual report question

in

conjunction with the related manifest/special waste

categorization issues.

Therefore,

in

a good faith effort

to

comply with

the mandate

of Section 22.01

in light of the mandate

of Section 22.9,

the Board

proposes

to adopt

the statutory

language.

The proposed

date

for compliance will

be July

1,

1987,

to allow for reasoned consideration of all

issues.

Finally,

for purposes of future consideration of

the

manifest requirement

for non—hazardous special waste, as well

as

the proposed adoption of the Annual Report requirement,

this

docket

is hereby consolidated with R85—27,

ORDER

The Clerk

is directed

to cause First Notice publication

in

the Illinois Register

of the

following proposed rule:

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE AND SPECIAL WASTE HAULING

PART 809

SPECIAL WASTE HAULING

SUBPART

E:

MANIFESTS,

RECORDS AND

REPORTING

809,501

Annual Re orts

~itiesaccetinnon-hazardoussecialwastesshallfi1ea

with

the Aenc

on

an annual basis,secif

ing the

~

wastes

acce~ed

~

shall

~

IT

IS SO

ORDERED.

67465

---

I,

Dorothy

M, Gunny Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Opinion and Order was

adopted on the

~

day of

~

1985,

by a

vote of

~

~

Illinois Pollution Control Board

67486