1. 64-432
      2. 84-433
      3. 64-435
      4. 64-437
ILLINOIS POLLUTION CONTROL BOARD
June 13,
1985
IN THE MATTER OF:
~CRA AND UIC UPDATE
)
R84-9
FINAL ORDER
ADOPTED RULES
OPINION OF THE ~~~ARD(by J. Anderson):
The Board o~ned this docket on March 21,
1984,
for the
purpose
of updating the RCRA and UIC rules
(35 Ill. Adm. Code
702,
703,
704,
705,
720,
721,
722,
723,
724, 725 and 730)
to
conform with recent amendments
to the corresponding
federal rules
pursuant
to Sections 13(c)
and 22.4(a)
of
the Environmental
Protection Act (Act).
On December
26,
1984 the Illinois
Environmental Protection Agency (Agency)
filed
a proposal
to
update
the rules
to correspond with federal amendments
through
April
24,
1984.
On
January
10,
1985 the Board sent the Agency’s proposal
to
first notice
in the
form proposed.
The proposal appeared at
9
Ill.
Reg. 2018, February 15, 1985.
On April
4,
1985,
the comment
period was extended.
The Board received three public comments,
as follows:
March
29, 1985
United States Environmental
Protection Agency (USEPA)
April 17,
1985
Illinois Power Company
May 2, 1985
Illinois Power Company
On May 2,
1985,
Illinois Power Co~ipanyfiled
a motion
for
leave
to file supplementary comments instanter.
The motion is
granted.
On March 28,
1985 the Board recsived codification comments
from
the Administrative Code Unit.
Section 22.4 of the Act governs adoption of regulations
establishing the RCRA hazardous waste program in Illinois.
Section
~2.4(a)
provides
for quick adoption
of regulations which
are “identical
in substance
to
federal regulations’s.
Section
22.4(b)
allows
adoption of regulations which are “not
inconsistent with and are at least as stringent” as
federal
regulations.
Sections 22.4(c)
and
(d)
provide
for identification
and listing of additional hazardous wastes.
This docket Is restricted
to adoption of amendments which
are “identical
Ir~ substance1’ with recent federal amendments.
It
84-427
—2--
is
therefore pursuant to Section 22~4(a),which provides
an
abbreviated procedure
for adoption:
neither Title VII of the Act
nor Section 5 of the Administrative Procedure Act apply to rules
adopted under Section 22.4(a),
However,
the Board published the
proposal
in the Illinois Register and solicited public comment
pursuant
to 35 Iii.
Adrn.
Code l02.l23~
(R84—10, Order
of
December
20, 1984.)
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).
Nonetheless,
on
March 13,
1985, JCAR requested an economic and budgetary
analysis~.
The Board declined to respond, noting
the provisions
of Section 22.4(a).
On April
29,
.1985
JCAR
provided the Board
with
a set of review questions concerning
the proposal.
The cederal RCRA regulations
are
found
at
40
CFB.
260
through
265.
Permitting procedures have
beer: moved from 40 CFR 122
et
seq.
to 40 CFR 270 et
seq.
This rulemaking
updates Illinois’ RCRA and UIC rules to
correspond with federal amendments adopted between November
1,
1982 and April
24, 1984.
It does not include
the federal RCRA
amendments pursuant
to the RCRA reauthorization bill passed by
Congress late in
1984.
This rulemaking does involve the
following federal amendments:
48 Fed Reg 2508,
January 19,
1983
(EX A)
48 Fed Reg 2530,
January 19, 1983
(EX N)
48 Fed Reg 3977,
January 28,
1983
(Ex H)
48 Fed Reg 13027,
March 29,
1983
(Ex R)
48 Fed Reg 14293, April
1,
1983
(Ex M)
48 Fed Reg 15256, April
8,
1983
(Ex Q)
48 Fed Reg 30113, June
30,
1983
(Ex
Ti;
48 Fed Reg 39611,
September
1,
1983
(Ex C)
48 Fed Reg 52718, November
22,
1983
(Ex
V)
49 Fed Req 5308,
February 10,
1984
(Ex P)
49 Fed Reg 10490,
March 20,
1984
(Ex Mc)
49 Fed Req 17716, April
24, 1984
(Ex
I)
Copies of each of these
items are
attached
to the Agency’s
proposal
as exhibits with the letter indicated.
The Illinois RCRA and UIC rules,
together more stringent
rules particularly applicable 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
Wastestreani Authorizations
720
General
721
Identification and Listing
64-428
—3—
722
Generator Standards
723
Transporter Standards
724
Final TSD Standards
725
Interim Status TSD Standards
729
Landfills:
Prohibited Wastes
730
UIC Operating Requirements
Adoption of these rules has proceeded
in several stages.
The Phase
I RCRA rules were adopted
and amended as follows:
R8l—22~ 45 PCB 317, February 4, 1982,
6
Ill.
Reg.
4828,
April 23~1982.
R82—l8~ 51 PCB
31, January 13, 1983,
7
Ill. Reg,
2518,
March 4~ :L983.
IllirtoL~received Phase
I interim authorization
on May 17,
1982 (47 Fed ~eg 21043).
The DIG ~u1es were adopted as follows:
R81—32,
47 PCB 93,
6 Ill. Reg 12479,
The UIC rules were amended
in R82—l8,
which
is referenced
above.
Illinois received
tJIC authorization on February
1,
1984.
The Phase
II RCRA rules included adoption
of Parts 703
and
724, which established
the permit program and final TSD
standards.
Th3 Phase
II rules hava been adopted and amended, but
authorization has not been received;
R82—19,
53 PCB 31, July 26, 1983,
7
Iii.
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—19 and R83—24.
(Commonwealth Edison et
al.
v.
IPCB.)
The Board has 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,
The Board has adopted procedures
to
be followed
in cases
before
it involving the RCRA rules:
R84—10, December
20, 1984 and January 10, 1985,
The Board has also adopted requirements limiting and
restrictinq
the landfilling
of liquid hazardous waste and
hazardous
wastes
containing halogenated compounds:
64-429
—4—
R81—25, October
25, 1984,
8
Ill.
Reg.
24124, December
4,
1984.
R83—28, December
20, 1984 and January 10,
1985,
9 Ill.
Reg.
730.
The amendments involved
in R84—9
are,
for
the most part,
straightforward amendments pursuant
to federal amendments.
The
text
is contained in a separate Order,
The following discussion
is
limited, to
the proposed provtsions where the Board has
received comment, or which the Board perceives.~asraising
questions concerning how the program should be translated into
the Illinois context,
Manifest
The Agency has proposed that it promulgate standardized
manifest forms which would have
to be used for certain shipments
(Sections 720.110,
“manifest”,
722,120, 722.121 and 722.150.)
A
generator would be obliged
to use the Agency form
for waste
movements within or
into Illinois.
(Section 722.120.)
An
Illinois generator transporting waste outside Illinois would be
required
to use the manifest required by the consignment state.
(Section 722.121.)
An Illinois HWM operator
importing waste
from
outside the United States would be required
to use the Agency
form.
The use of state—promulgated forms such as the Agency
proposes was contemplated by USEPA in its amendments at 49 Fed
Reg 10490, March
20, 1984,
The text of the proposal has been
edited from the federal text
to reflect the Agency’s choice
of
this option.
The Board has adopted
the amendments
in substantially the
form proposed.
The Board has dropped the proposed changes
in the
definition of “manifest.”
As adopted the definition references
the Part 722 rules which detail whether the Agency’s form must be
used.
The Board has also modified the proposed language
in Section
722.121(b)
in response
to comments received from USEPA.
The
adopted language recognizes the possibility that other states
might choose not to promulgate forms,
Annual Reports
JSEPA amended its rules to require
a biennial, rather than
an annual report at 48 Fed Reg 3977, January 28,
1983.
The
Agency proposed
to continue
to require annual
reports. from all
generators shipping off—site and all HWM operators, and
to
require. the report on a form
to be supplied by the Agency.
(Sections 722.141, 724.175
and 725.175.)
64-430
—5—
The use of a certain form appears to be consistent with the
federal regulations.
However,
the proposed continuation of th’~
annual report
is more frequent than the federal reporting
requirement.
The Agency’ quotes Section 20.1 of ~theAct as support for the
continuation of the annual report requirement.
This requires the
Agency to itself prepare an annual report to the public
identifying
the types and quantities of hazardous waste
generated, treated, stored or disposed of within the State.
Adoption of the biennial report would frustrate the legislative
intent that the Agency rely on annual reports which have been
required up to now,
The Board has therefore declined to amend
the existing annual report provisions.
Financial Assurance Forms
In adopting Sections 724.251 and 725.251 the Board allowed
the Agency to promulgate standardized forms
for the financiai
assurance instruments instead of specifying
the contents
in the
rules and requiring each operator
to prepare the instruments
individually.
The Agency proposes to make
the use of the forms
mandatory so that it will be spared the tedious task of comparing
each instrument submitted with the regulations.
This appears
to
be allowable under
the federal program and has not been objected
to,
The Board will therefore adopt the Agency’s proposal.
Date Changes
In Section 702.110 the Board has inserted February 1, 1984
as the “date of approval” of the UIC program.
In Section 720.110 the Board has inserted May 19,
1980,
the
effective date of 40 CFR 261,
into the definition of “active
portion.”
En Section 724.247(b)(4)
the Board has corrected dates
for
requiring liability insurance for operators.
‘
The date~s
previously adopted were not consistent with the federal
program.
The apparent retroactive date changes do not prejudice
anyone because Part 724 will not become fully effective until
final authorization is received.
In Section 725.l90(d)(1) and
(2)
the Board has inserted two
dates which were omitted
from the rules when they were adopted.
At that time the federal dates for submission of the plan had
already passed at a time when the Agency lacked authority
to
receive the plans.
The Board has modified
the rule
to reflect
the correct history.
Trial Burn Plans
The Agency requests that 703.223(b)(8)
be amended by
deleting
the last sentence, asserting that this would make the
64-4~1
—6—
subparagraph identical
in substance with 40 CFR
270.62(b)(2)(Viii) by eliminating the limitation on the manner
jr
which
the Agency can request certain types of
information.
This
aspect of
the proposal does not result from amendments
to the
federal
program,
but represents a proposal by the AGency that the
Board modify
the rules adopted
in R82—19.
There
is no
indication
tht these changes are necessary for final
authorization of the
Illinois program or will jeopardize
final authorization.
Section 703~223was drawn from rules ~nowat 40 CFR
270.62(b)(2)(Vii!).
In adopting it,
the Board specified that the
Agency follow the procedure of Part 705.123
in requesting
additional
information concernig
a trial burn.
The federal rule
contains no specification that USEPA follow the comparable
procedures of 40 CFR 124.3.
In
fact,
705.123
is not a
completeness procedure itself,
but rather
a procedure for
disposing of incomplete applications.
It does not belong at
703.223(b)(8).
The
Board, therefore, deleted the final sentence
of Section 703.223(b) (8),
Completeness
The Agency requests that the word “shall”
be replaced with
“should”
in 705.l22(b)(1) and
(2).
Section 705.122 was drawn from 40 CFR 124.3 which provides
that USEPA
“should’t review applications for completeness within
certain time limitations.
The Board used the word “shall”
in
adopting Section 705.122.
In adopting R82—19, the Board used the
word “shall,”
in the absence of a standard
for discretionary
review of completeness, consistent with Illinois administrative
13w.
Interim Status Standards
The Board interprets the interim status standards of Part
725 as applying
to all persons who treat,
store
or
dispose of
hazardous waste until
final action is taken
on their RCRA permit
application, regardless of whether
they filed a Part A
application.
Dioxins
The Board has reviewed the proposal
to assure that
it
is
consistent with the rules adopted
in R84—34 at about
the same
time
as the proposal was filed.
This poses difficulties
in
comparing Part 721 with 40 CFR 261,
in that the Illinois listings
are no longer identical.
The adopted rules do not address
the USEPA dioxin rules
which were adopted after the April
24,
1984 cutoff date for the
Agency proposal.
The Board will address these
in another
rulemaking.
64-432
—7—
Liquid Hazardous Waste
Sections 724.414, 724.416,
725.414 and 725.416 have been
largely superseded by the Illinois liquid hazardous waste
rules
adopted
in R83—28,
The Agency proposed
to amend Section 725.416
to add a sentence which was inadvertently omitted when the Board
adopted that Section,
Amendment without mentioning R83—28 could
be construed as superseding R83—28.
Accordingly,
the Board has
amended
all four
liquid hazardous waste Sections to reference the
Part 729
requirements.
USEPA has recently amenc~edits liquid hazardous waste
requirements.
The adopted rules do not reflect these amendments,
which will be dealt with inanother docket.
Trade Secrets
The Board has added to Section 720,120
a reference to the
confidentiality rules recently adopted
in Part 120.
Summary Discussion
The following summarizes changes, other
than “housekeeping”
changes such as typographical errors or codification details,
which have been made
in the rules to reflect changes
in the
federal rules.
Pursuant to
the Secretary of State’s codification rules,
the
Board has included docket numbers and Opinion volume page numbers
with the Illinois Register citations
in the main source notes.
The USEPA RCRA permit rules have been moved from 40 CFR 122
to 40 CFR 270.
The references
in the rules
and notes have been
changed
to reflect this.
In Section 702.110,
“Date
of approval...,” February
1,
1984
has been inserted as the actual date of approval of the Illinois
DIG program.
In Section 702.102,
“Phase II” has been corrected
to reflect
the final version of Section 700.106 and Part 724
as adopted
in
R82—19.
Part 724
is currently “effective”
as defined
in the
Secretary of Stat&s
rules,
although permits cannot be
issued
until authorization has been received
from USEPA.
In Section 702.110,,
“Spill” has been deleted from the
corresponding federal definition
(48 Fed.
Reg.
2512, January 19,
1983.
Section 702.123 amendments require the operator
to
include
in
the application a map extending one mile beyond
the facility
boundary.
Also,
the Board has referenced
the RCRA and UIC permit
requirements found
in Parts 703 and 704.
84-433
—8—
Section 702.126 and 702.144 have been amended
to reflect
changes
in the federal rules at
48 Fed,
Reg.
39621, September
1,
1983.
Section 702.150 has been amended
to reflect changes in the
federal rules at
48 Fed.
Reg.
30114, June
30, 1983.
Section 702.L52 has been amended
to add federal requirements
found at 40 CFR 270.30(1).
Section 702.184 has been amended
to reflect amendments
adopted at
48 Fed.
Reg.
30114, June 30,
1983.
Section 703.110 has been amended to reflect changes
in the
federal rule
(47 Fed.
Reg.
41563, September
21, 1982).
Section 703.122 has been amended
to conform with 40 CFR
270.1(c)(1)(ii).
The exact wording was changed
in R82—19
to
reflect the Illinois NPDES permit program.
As changed,
it could
appear to create
too large
an exemption from the RCRA permit
requirement.
The Board has therefore narrowed the language to
more closely follow the federal.
Section 703.124 has been amended
to reflect changes in
the
federal program at 48
Fed. Reg.
2512, January 19,
1983.
Section 703.141 has been amended
to reflect changes
in the
federal programs at 48
Fed.
Reg.
3983, January 28, 1983.
Section 703.150 has been amended
to require
a Part A
application by an existing facility subject to new rules within
six months after
adoption of the equivalent Illinois rule rather
than the
federal Part 265 standard,
Section 703.152 has been amended
to more closely follow the
federal rules
at 40 CFR 270.lO(g)(l)(ii), which require immediate
filing of
a Part A application by an operator managing
a
newly—listed waste.
The Board has deleted the six—month grace
period added
in R82—19.
However,
there will
be
a
lag between the
federal and State
listing, giving operators time
to comply.
Section 703,153 has been amended
to follow changes
in
the
federal program at 49 Fed.
Reg,
17718, April
24, 1984.
Section 703.183 has been amended
to conform with changes
in
the federal program found
at 48 Fed. Reg. 30114, June 30, 1983.
Also,
a sentence has been added
to the note
to paragraph
(g)
alerting
the reader
that Section 724.355
is
a reserved Section
number.
Section 703.221 has been amended
to reflect changes
in
the
federal program adopted at 48
Fed,
Reg.
30114,
June 30,
1983.
64-434
—9—
As is discussed above,
the Board has deleted the final
sentence of Section 703.223(b) (8).
The Agency Droposed that the Board make the completeness
review procedure of Section 705.122 discretionary.
The Board
declines
to do
so for
the reasons given above.
Because no
changes are needed, this Section has been dropped
from the
proposal.
Section
705.143
has
been
amended
to
add
provisions
found
in
40
CFR
124.8.
Section
720,.:..O has been amended
to reference the new Board
rules governing confidentiality.
In Section 72~,1i0,“Active portion” has been amended
to
insert May 19, l9BU~ the actual effective date
for
40 CFR 261.
As adopted
in R8l—2l~this definition referenced
the effective
date
for
Part
721
instead of
the equivalent federal
rule.
Since
part
721
had
a
later
effective date,
the Illinois program was not
identical
in
substance
to
the
federal,
In Section
720.110,
“Existing
facility”,
the
definition
has
been amended
to make
its past character more understandable.
In Section 720~110,“Manifest”,
the Agency proposed that the
Board define ‘~manifest” as a document supplied by the Agency.
This has been dropped
as discussed above,
since
it would appear
to exclude forms supplied by other
states from the definition
even though they would function as manifests under Parts
722—725.
The amendments at 49
Fed,
Reg.
10500, March 20,
1984
are not necessary
in
the
Illinois
context.
In Section 720.110, “Manifest document number” has been
amended
to reflect changes
in the
federal program at 49
Fed.
Reg.
10500,
March 20,
1984.
In Section 720.110,
the definition of “spill”
was dropped at
48
Fed.
Reg.
2511, January 19, 1983.
Appendix
A
to
Part
720 has been reincorporated by reference
to
include
amendments
to
the
federal
Appendix
at
48
Fed.
Reg.
14293, April
1,
1983,.
Section
721.10:1 has been amended
to correct cross—references
to reflect adoption of the Illinois RCRA permit procedures
in
R82—l9.
Section
721.104
has
been
amended
to
correct
cross—references,
Also,
titanium
dioxide
has
been
spelled
out
to
avoid
the
use
of
subscripts
in
the
text,
Section 721.105 has been amended
to reflect federal
renumbering
at
48 Fed. Reg.
14294, April
1,
1983.
Also,
it has
64-435
—10—
been
amended
to correct cross—references
reflecting adoption of
the Illinois RCRA permi.t program in R82—19.
Section 721.106 has been amended at 48 Fed. Reg.
2532,
January
20,
1983,
and
48
Fed.
Reg.
14294,
April
1,
1983.
Also,
it
has
been
amended
to
reflect
Illinois
renumbering.
Section
721.107 has been amended
to
reflect
changes
in
the
federal definition of
“empty”
at
47 Fed. Reg.
36097, August
18,
1982.
AlsO,
it has been amended to
reflect Illinois renumbering.
Section 72l.i.~Ohas been amended
to correct
cross—references,
Also,
the word “None” has been inserted at the
end of paragraph
d).
40 CFR 261,30
reserves space for
a table
of generic hazardous wastes which are acute hazardous wastes.
Illinois codification requirements prevent reservation of such
space.
In
the
absence of the reservation, paragraph
(d)
appears
to identify all
ot t~egeneric hazardous waste
in the following
sections as acute ~nt~ardouswaste, which would not be identical
in substance.
Section 721.131 has been amended
to add generic waste
F024
which was listed at
49
Fed. Req.
5312,
February 10,
1984.
Appendix G to Part 721 has been amended
to reflect
the
listing of F024 referenced above.
Appendix H to Part
72.1 has been amended
to reflect
the
listing
of chiorobutadiene and chioropropene at 49 Fed.
Reg.
5312,
February 10,
1984.
The Board corrected
a number of typographic errors
in the
federal listings when
it adopted Appendix H.
A few of these
cause
major
problems
in comparing the Illinois and federal
texts.
The federal rules list propylthiouracil and N,N’—bis
(2—chlorobenzy1)~mdecamethy1enediaminedihydrochloride as
alternative names
for the same compound, which they clearly are
not.
(Possibly there was
a deletion at some point
in the federal
list,
resulting
in juxtaposition
of unrelated compounds.)
The
Board
has
corrected
this by giving an acceptable second name to
propylthiouracl1,~
and rioving
the
other
compound
to
its
proper
place
in
the
alphabetical list.
Section 722.120
arid ‘722.121 have been amended
to reflect
changes
in the federal program at 49 Fed,
Reg. 10500, March 20,
1984.
The amendments
to the manifest rules are discussed
at
length above.
For
the
reasons
discussed
above,
the
Board
declined
to
amend
Section
722.141
to require biennial reports required by the
federal
program
at
48 Fed, Reg.
3981, January 28,
1983.
Section
722.150
has
been
amended
to
reflect
changes
in
the
federal
program
at
~8 Fed, Reg.
13027,
March
29,
1983,
48
Fed.
64-436
—11—
Reg.
14294,
April
I~,
1983
arid
49
Fed.
Reg.
10500,
March
20,
1984.
The
amendments
to the
manifest
rules
are
discussed
at
length
above.
Also,
the
Board
has
deleted
a
note
following
paragraph
(b)(i)(C),
The
note
seems
inappropriate
in
a
State
rule,
Appendix
A
to
Part
722
has
been
repealed
to
reflect
the
repeal
of
the
federal
Appendix
at
48
Fed,
Reg.
3982,
January
28,
1983.
Section
723.112
has been amended
to correct cross—references
reflecting
Il1inois~
RCRA
nsrmit
rules,
Section
724.101
has
been
amended
to
reflect changes
in
the
federal
program
at
48
Fed.
Req.
2511,
January
19,
1983.
Also,
a
sentence defining
“RCRA
petmit”
with
reference
to
Section
21(f)
of the Act and Part 703
has
been
added
at
the
request
of
the
Administrative
Code
Unit..
Section
724.118
has been
amended
to
reflect
changes
in
the
federal
program
at
48
Fed,
Req.
30115,
June
30,
1983.
Section 724.175 has been amended
to reflect changes
in the
federal
program
at
48
Fed,
Reg.
3982,
January 28,
1983.
The
biennial report requirement
is discussed at length above.
Section 724.176 has been amended
to reflect changes
in the
federal
program
at
48
Fed.
Req.
3982,
January
28,
1983.
Section
724.177
has
been
amended
to
reflect
changes
in
the
federal program at
47
Fed.
Reg.
32350, July 26,
1982.
As
is
discussed above,
the Board
declined
to
amend Section 724.177
to
require biennial
reports required by the federal program at
48
Fed.
Reg.
3982,
January
28,,
1983.
Section
724.220 has been amended
to recognize the
possibility
of notation
in
an instrument other than the property
deed.
This
:Ls
consistent: with 40 CFR 264.120.
Section 724.247 has been amended
to correct dates
incorrectly
adopted
in R82—19.
This
is discussed above.
A
significant
typographical error has been corrected
in paragraph
(f)
(3)
(C) (i).
Section 724.251 has been amended
to
require the use
of
certain forms
for financial assurance.
This
is discussed above.
Section 724.414 and 724.416 have been amended
to reference
the liquid hazardous waste restrictions
in Part 729.
This
is
discussed
above.
Appendix
B
of
Part
724 has
been
repealed
pursuant
to
48
Fed.
Reg.
3982,
January
28,
i90~.
64-437
—12—
Section
725.101
has
been amended pursuant
to changes
in the
federal rules at
48
Fed.
Reg.
2511,
January
19,
1983,
48
Fed.
Reg.
14295,
April
1,
1983
arid
48
Fed,
Reg.
52720, November
22,
1983.
Also,
cross—references
reflect
adoption
of
the Illinois
RCRA
and
UIC permit
programs.
Section
725.112
has
been amended
to reflect adoption of
Illinois’
RCRA
permit
program.
As
is
discuEsed
above
the
Board
declined
to
amend
Section
725.175
and
725.~176 to
require
a
biennial
report
required
at
48
Fed.
Req.
3982,
0~anuary 28,
1983.
Section
725.190
has
been
amended
to
state
the
correct
history
behind
paragraph
(d).
This
is
discussed
at
length
above.
Section
725.193
has
been
edited
to
remove
surplus verbiage.
Section 725.245 has been amended
to update the incorporation
by
reference of financial assurance documents to include the
following amendments~
47 Fed.
Req.
30447,
July 13,
1982;
48 Fed.
Reg.
14295,
April
1,
:L983;
48
Fed.
Reg.
30115,
June
30,
1983.
Section
725.251
has
been
amended
to
require
the
use
of
certain
forms
for
financial
assurance.
This
is
discussed
at
length
above.
Section
725.376
has
been
amended
to reflect changes
in the
federal program at
4’7
Fed.
Reg.
32368,
July
26,
1982.
Also,
references
have
been
changed to reflect adoption of
the Illinois
RCRA
permit
rules
in R82~-19~
Section
725.414
and
725.416
have
been
amended
to
reflect
adoption of
the liquid ha~&ardouswaste
rules
in Part 729
in
R83—28.
This
is discussed at length above.
Also,
a sentence
which
was
omitted
has
been added
to Section 725.416.
This
is
taken
from
40 CFR
265.316..
Section
725.530 has
been
amended
to reflect adoption of the
Illinois
tJIC
permit program
in Part
704.
Appendix B
to Part 725
has
been repealed pursuant to 48
Fed.
Req.
3982,
January
28~1983.
This
Opinion
supports
the
Board’s
Order
of this same date.
Board
Member
3.
Theodore
Meyer
dissented.
—13—
I,
Dorothy
~i..
Gunri,
Clerk
of
the
Illinois
Pollution
Control
Board hereby certinTy that
the above Opinion was adopted on
the
/8~
-
da~of
___________________,
1985 by a vote
of
_____________
Dorothy M.
Gunn,
Clerk
Illinois
Pollution
Control
Board
64-439

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