ILLINOIS POLLUTION CONTROL BOARD
June 17, 1999
IN THE MATTER OF:
)
)
RCRA UPDATE, USEPA REGULATIONS
)
R99-15
(July 1, 1998, through December 31, 1998)
)
(Identical-in-Substance
)
Rulemaking - Land)
Adopted Rule. Final Order.
OPINION OF THE BOARD (by E.Z. Kezelis):
Under Section 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(a)
(1998)), the Board adopts amendments to the Illinois regulations that are “identical-in-substance”
to hazardous waste regulations that the United States Environmental Protection Agency
(USEPA) adopted to implement Subtitle C of the federal Resource Conservation and Recovery
Act of 1976 (RCRA Subtitle C), 42 U.S.C. §§ 6921
et seq
. (1998). The nominal timeframe of
this docket includes federal RCRA Subtitle C amendments that USEPA adopted in the update
period of July 1, 1998, through December 31, 1998. However, this docket also considers a
specified action taken after December 31, 1998, on which the Board is acting without delay.
Section 22.4(a) provides for quick adoption of regulations that are “identical-in-
substance” to federal regulations that USEPA adopts to implement Sections 3001 through 3005
of RCRA, 42 U.S.C. §§ 6921-6925 (1998). Section 22.4(a) also provides that Title VII of the
Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40 (1996))
do not apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA
Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.
This opinion supports the order that the Board also adopts today. The Board will delay
filing the adopted amendments with the Office of the Secretary of State for 30 days, in order to
allow USEPA an additional opportunity to review them before they become effective.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
The following briefly summarizes the federal actions considered in this rulemaking.
Docket R99-15: July 1, 1998, through December 31, 1998, RCRA Subtitle C
Amendments
USEPA amended the federal RCRA Subtitle C regulations on 12 occasions during the
period July 1, 1998, through December 31, 1998. Each is summarized below, together with a
description of the Board action that is required, if any:
2
63 Fed. Reg. 37780 (July 14, 1998)
USEPA withdrew segments of a May 6, 1998 direct final rule that drew adverse comment.
The Board adopted corresponding amendments to the Illinois regulations in its opinion
and order of December 17, 1998, in consolidated docket R98-21/R99-2/R99-7. No
further Board action is required.
63 Fed. Reg. 42109 (August 6, 1998)
USEPA adopted new waste listings and land disposal restrictions (LDRs) for petroleum
wastes, including certain exclusions from regulation as hazardous waste. The Board
incorporated all but one segment of the RCRA Subtitle C amendments in its opinion and
order of December 17, 1998, in consolidated docket R98-21/R99-2/R99-7; the Board
must complete the action with regard to one minor segment of the federal amendments.
63 Fed. Reg. 42580 (August 10, 1998)
USEPA adopted corrections to the May 4, 1998 organobromine production waste rules;
the May 26, 1998 Phase IV LDRs; and the June 29, 1998 organobromine waste technical
amendments. The Board adopted corresponding amendments to the Illinois regulations in
its opinion and order of December 17, 1998, in consolidated docket R98-21/R99-2/R99-7.
No further Board action is required.
63 Fed. Reg. 46331 (August 31, 1998)
USEPA adopted technical amendments to the May 4, 1998 organobromine waste rules.
The technical amendments affected the RCRA Subtitle C aspects of the May 4, 1998
action. The Board adopted corresponding amendments to the Illinois regulations in its
opinion and order of December 17, 1998, in consolidated docket R98-21/R99-2/R99-7.
No further Board action is required.
63 Fed. Reg. 47409 (September 4, 1998)
USEPA changed the effective dates and adopted emergency amendments to the LDRs
applicable to several carbamate wastes and waste constituents. The Board must take
corresponding action to amend the Illinois regulations.
63 Fed. Reg. 48124 (September 9, 1998)
USEPA issued an extension of the Phase IV LDR compliance deadline, until
November 26, 1998, for certain limited metal-bearing wastes. The Board adopted
corresponding amendments to the Illinois regulations in its opinion and order of
December 17, 1998, in consolidated docket R98-21/R99-2/R99-7. No further Board
action is required.
63 Fed. Reg. 51253 (September 24, 1998)
USEPA adopted LDR treatment standards applicable to spent potliners from primary
aluminum production. The Board must take corresponding action to amend the Illinois
regulations.
3
63 Fed. Reg. 54356 (October 9, 1998)
USEPA extended the compliance deadline of the August 6, 1998 petroleum waste rules to
December 8, 1998. The Board does not need to take action on this past effective date.
63 Fed. Reg. 56709 (October 22, 1998)
USEPA amended the treatment, storage, and disposal facility standards to allow states to
use mechanisms other than permits to approve facility post-closure care plans and to allow
the closure of certain units through the corrective action program. The Board must take
corresponding action to amend the Illinois regulations.
63 Fed. Reg. 64371 (November 19, 1998)
USEPA issued a final decision not to list 14 waste solvents as hazardous waste. The
determination resulted in no amendments to the federal RCRA Subtitle C rules. No
further Board action is required.
63 Fed. Reg. 65873 (November 30, 1998)
USEPA adopted new remedial action plan (RAP) requirements applicable to the
treatment, storage, or disposal of hazardous remediation wastes during cleanup actions.
The Board must take corresponding action to amend the Illinois regulations.
63 Fed. Reg. 71225 (December 24, 1998)
USEPA adopted corrective and clarifying amendments to the May 11, 1995 (60 Fed. Reg.
25492) universal waste rule. The amendments correct aspects of the standards for spent
lead-acid battery management and the definition of small quantity universal waste handler,
and they clarify the export requirements for destination facilities that are universal waste
handlers. The Board must take corresponding action to amend the Illinois regulations.
Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest
The Board engages in ongoing monitoring of federal actions. As of the date of this
opinion and order, we have identified two USEPA actions since December 31, 1998, that further
amend the RCRA Subtitle C hazardous waste rules. When the Board observes an action outside
the nominal timeframe of a docket that would require expedited consideration in the pending
docket, the Board will expedite consideration of those amendments. Federal actions that could
warrant expedited consideration include those that directly affect the amendments involved in this
docket, those for which compelling reasons would warrant consideration as soon as possible, and
those for which the Board has received a request for expedited consideration. The following
federal actions have occurred since the December 31, 1998 end date of the present update docket
R99-15:
64 Fed. Reg. 3382 (January 21, 1999)
USEPA adopted technical amendments and corrections to the December 6, 1994 (59 Fed.
Reg. 62896) “Subpart CC” organic material emission rules applicable to hazardous waste
tanks, containers, and surface impoundments. The amendments clarify aspects of the rules
and restore requirements inadvertently deleted in previous amendments.
4
64 Fed. Reg. 6806 (February 11, 1999)
USEPA adopted amendments to the exclusions from the definition of hazardous waste
that have the effect of deferring regulation of certain materials as hazardous waste until
February 13, 2001. The wastes affected are landfill leachate and landfill gas condensate
derived from previously-disposed petroleum refining wastes (USEPA hazardous waste
codes K169 through K172, originally listed on August 6, 1998 (63 Fed. Reg. 42110),
effective February 6, 1999, and adopted by the Board on December 17, 1998, in
consolidated update docket R98-21/R99-2/R99-7, effective January 19, 1999).
64 Fed. Reg. 25408 (May 11, 1999)
USEPA adopted corrective and clarifying amendments to five of its Phase IV LDR
actions: those of May 12, 1997; May 26, 1998; August 31, 1998; September 4, 1998; and
September 24, 1998. The amendments correct cross-references, restore segments of text
inadvertently deleted, and clarify various provisions in the rules.
With respect to the January 21, 1999 federal Subpart CC amendments, the Board can find
no reason to give them expedited consideration. The Subpart CC rules are not affected by this
docket; no compelling reasons to expedite consideration of these amendments exist; and the
Board has received no request to do so. Therefore, the Board will address the January 21, 1999
amendments in the next RCRA Subtitle C update docket, which will cover the period January 1,
1999 through June 30, 1999.
The situation is different for the February 11, 1999 amendments to the exclusions from
hazardous waste management. The Board finds that there are compelling reasons to give these
amendments expedited consideration in this docket R99-15, rather than waiting until the next
update docket. The listings were recently adopted in the prior RCRA Subtitle C consolidated
update docket R98-21/R99-2/R99-7. USEPA has adopted the exclusion for the four wastes until
February 13, 2001. That means that there will be no exclusion of these wastes in Illinois until the
Board acts to adopt the federal deferral of regulation. Until the Board adopts the deferral, the
Illinois hazardous waste rules will remain more stringent than their federal counterparts. This
would impose an undesirable and disproportionate regulatory burden on entities in Illinois.
Further, the February 11, 1999 amendments affect 40 C.F.R. 261.4, whose counterpart in the
Illinois regulations is 35 Ill. Adm. Code 721.104. That Section is already involved in this
proceeding. For these reasons, the Board granted expedited consideration of the February 11,
1999 federal amendments in this docket R99-15.
Finally, the Board will expedite its consideration of the May 11, 1999 amendments for
three reasons. First, many of the May 11, 1999 amendments directly affect amendments included
in our April 8, 1999 proposal for public comment. Second, the May 11, 1999 amendments are
corrective rather than substantive. Finally, it appears that none of the May 11, 1999 amendments
impose any new or additional burdens on regulated entities.
5
Unrelated Federal Actions Having an Ancillary Impact on the Illinois RCRA
Subtitle C Regulations
In addition to the amendments to the federal RCRA Subtitle C regulations, other,
unrelated federal amendments might have an effect on the corresponding Illinois rules. Most
notably, 35 Ill. Adm. Code 720.111 includes several incorporations of federal regulations by
reference, and USEPA has amended 40 C.F.R. 136, which is included among the incorporated
references. The following are federal amendments to 40 C.F.R. 136, along with a description of
the Board action each requires, if any:
63 Fed. Reg. 38756 (July 20, 1998)
USEPA published a correction to 40 C.F.R. 136.3(e) table, as published on July 1, 1997.
The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by reference at 35 Ill. Adm.
Code 720.111. The Board adopted corresponding amendments to the Illinois regulations
in its opinion and order of December 17, 1998, in consolidated docket R98-21/R99-
2/R99-7. No further Board action is required.
63 Fed. Reg. 44146 (August 18, 1998)
USEPA published a correction to 40 C.F.R. 136.3(e) table, as published on July 1, 1997.
The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by reference at 35 Ill. Adm.
Code 720.111. The Board adopted corresponding amendments to the Illinois regulations
in its opinion and order of December 17, 1998, in consolidated docket R98-21/R99-
2/R99-7. No further Board action is required.
63 Fed. Reg. 50387 (September 21, 1998)
USEPA adopted effluent discharge and wastewater pretreatment standards for the
pharmaceutical manufacturing industry sector. This included amendment of 40 C.F.R.
136, which is incorporated by reference in 35 Ill. Adm. Code 720.111(b). The Board
must update the reference to reflect these amendments.
Summary Listing of the Federal Actions Forming the Basis of the Board’s Actions
in this Docket
Based on the foregoing, the federal actions that form the basis for Board action in this
update docket are the following, in chronological order:
63 Fed. Reg. 42109 (August 6, 1998)
New petroleum waste listings and LDRs.
(Completion of action taken in prior consolidated
update docket R98-21/R99-2/R99-7.)
63 Fed. Reg. 47409 (September 4, 1998)
Carbamate waste LDRs, changed effective dates,
and emergency amendments.
63 Fed. Reg. 50387 (September 21, 1998)
40 C.F.R. 136 amendment.
63 Fed. Reg. 51253 (September 24, 1998)
Primary aluminum production spent potliner LDRs.
63 Fed. Reg. 56709 (October 22, 1998)
Mechanisms other than permits for closure and
post-closure care.
6
63 Fed. Reg. 65873 (November 30, 1998)
Hazardous remediation wastes.
63 Fed. Reg. 71225 (December 24, 1998)
Universal waste rule corrections and clarifications.
64 Fed. Reg. 6806 (February 11, 1999)
Previously-disposed petroleum refining waste
exclusion.
64 Fed. Reg. 25408 (May 11, 1999)
Corrective and clarifying amendments to five
USEPA Phase IV LDR actions.
PUBLIC COMMENTS
The Board adopted a proposal for public comment in this matter by order dated April 8,
1999. “Notices of Proposed Amendments” appeared in the April 23, 1999 issue of the
Illinois
Register
. The Board accepted public comments on the proposal for a 45-day period following
publication in the
Illinois Register.
The comment period expired on June 7, 1999.
The Board received two comments during the public comment period. Those comments
are as follows:
PC 1
May 29, 1999, letter from Willie H. Harris, P.E., Chief, Program Management
Branch, USEPA Region V (received June 1, 1999).
PC 2
June 4, 1999, response from Susan J. Schroeder, Associate Counsel, Division of
Legal Counsel, Illinois EPA (received June 7, 1999).
In PC 1, USEPA states that it has no comments on the Board’s April 8, 1999 proposal for
public comment in this docket, since the proposed amendments met the requirements for RCRA
“Cluster VIII” rules. Thus, no revisions to the text of the proposed rules are warranted based on
PC 1.
In PC 2, the Agency submitted comments and suggestions for revisions to the language of
the April 8, 1999 proposal for public comment. Many of the Agency’s suggested corrections and
revisions are minor and do not warrant discussion. Several are more substantive and require
discussion. The substantive discussion prompted by PC 2 appears in the appropriate segment of
the detailed discussion that begins below. All of the revisions prompted by the Agency’s
comments appear in the table that begins at page 50 of this opinion. Suggested revisions that the
Board has not accepted appear in the table at page 68 of this opinion.
In addition to the public comments, the Board also received a series of nine documents
from the Joint Committee on Administrative Rules (JCAR) (one for each Part involved in this
proceeding) entitled “Identical First Notice Line Numbered Version.” Each of these documents
contain those changes that JCAR made prior to the April 23, 1999 publication of these
amendments in the
Illinois Register
. The changes accepted by the Board are listed in the table
entitled, “Revisions to the Text of the Proposed Amendments in Final Adoption,” that begins at
page 50 of this opinion. The changes not accepted by the Board, together with a brief
explanation, appear in the table entitled, “Requested Revisions to the Text of the Proposed
Amendments Not Made in Final Adoption,” beginning at page 68.
7
The Board adopts these amendments, having first made the changes necessitated by public
comment. The Board will delay filing these adopted rules with the Secretary of State for 30 days
after the date of this opinion and order, or until after July 17, 1999, in order to allow additional
time for USEPA to review the adopted amendments before they are filed and become effective.
The complete text of the adopted amendments appears in a separate order adopted this day.
DISCUSSION
The following discussion begins with a description of the types of deviations the Board
makes from the literal text of federal regulations in adopting identical-in-substance rules. It is
followed by a discussion of the amendments and actions undertaken in direct response to the
federal actions involved in this proceeding. This first series of discussions is organized by federal
subject matter, generally appearing in chronological order of the significant
Federal Register
notices involved. Finally, this discussion closes with a description of the amendments and actions
that are not directly derived from the federal actions.
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some minimal deviation from the
federal text is unavoidable. This deviation arises primarily through differences between the federal
and state regulatory structure and systems. Some deviation also arises through errors in and
problems with the federal text itself. The Board conforms the federal text to the Illinois rules and
regulatory scheme and corrects errors that we see in the text as we engage in these routine update
rulemakings.
In addition to the amendments derived from federal amendments, the Board often finds it
necessary to alter the text of various passages of the existing rules as provisions are opened for
update in response to USEPA actions. This involves correcting deficiencies, clarifying provisions,
and making other changes that are necessary to establish a clear set of rules that closely parallel
the corresponding federal requirements within the codification scheme of the
Illinois
Administrative Code
.
The Board updates the citations to the
Code of Federal Regulations
to the most recent
version available. As of the date of this opinion, the most recent version of the
Code of Federal
Regulations
available to the Board is the July 1, 1998 version. Thus, we have updated all
citations to the 1998 version, adding references to later amendments using their appropriate
Federal Register
citation, where necessary.
The Board substituted “or” for “/” in most instances where this appeared in the federal
base text, using “and” where more appropriate. The Board further used this opportunity to make
a number of corrections to punctuation, grammar, spelling, and cross-reference format throughout
the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the person to
which the regulation referred was not necessarily a natural person, or to “he or she,” where a
natural person was evident; changed “which” to “that” for restrictive relative clauses; substituted
8
“shall” for “will;” capitalized the section headings and corrected their format where necessary; and
corrected punctuation within sentences.
In addition, the federal rules have been edited to establish a uniform usage throughout the
Board’s regulations. For example, with respect to “shall,” “will,” and “may” - “shall” is used
when the subject of a sentence has a duty to do something. “Must” is used when someone has to
do something, but that someone is not the subject of the sentence. “Will” is used when the Board
obliges itself to do something. “May” is used when choice of a provision is optional. “Or” is
used rather than “and/or,” and denotes “one or both.” “Either .
. . or” denotes “one but not
both.” “And” denotes “both.”
JCAR has requested that the Board refer to the United States Environmental Protection
Agency in the same manner throughout all of our bodies of regulations,
i.e.
, air, water, drinking
water, RCRA Subtitle D (municipal solid waste landfill), RCRA Subtitle C (hazardous waste),
underground injection control (UIC), etc. The Board has decided to refer to the United States
Environmental Protection Agency as “USEPA.” We will continue this conversion in future
rulemakings as additional sections otherwise become open to amendment. We will further
convert “EPA” used in federal text to “USEPA,” where USEPA is clearly intended.
The Board has assembled tables to aid location of those alterations and to briefly outline
their intended purpose. The tables set forth the miscellaneous deviations from the federal text and
corrections to the pre-amended base text of the rules in detail. The tables are set forth and
explained toward the end of this opinion, beginning at page 20. There is no further discussion of
most of the deviations and revisions elsewhere in this opinion.
Some alterations, on the other hand, are more significant, and substantive discussion is
warranted for those. Those more significant discussions are set forth in the following topical
discussions.
Discussion of Particular Federal Actions
Petroleum Waste Hazardous Waste Listings—Section 726.200
USEPA added four new hazardous waste listings for wastes generated in petroleum
refining on August 6, 1998 (63 Fed. Reg. 42109). (USEPA subsequently corrected the effective
date of those listings on October 9, 1998 (63 Fed. Reg. 54356). The Board included nearly all of
those amendments in the prior consolidated hazardous waste update docket, R98-21/R99-2/R99-
7, adopted on December 17, 1998. The Board could not complete the amendments, however,
since Part 726 was not open in that docket. We now complete the incorporation of the August 6,
1998 federal amendments by including an amendment to 35 Ill. Adm. Code 726.200(b)(3)
(corresponding with 40 C.F.R. 266.100(b)(3)). We have done so without deviation from the text
of the federal amendments.
The Board requested public comment on the incorporation of the August 6, 1998 federal
action by amendment of Section 726.200. We received no comments in response other than a
9
series of suggested minor changes submitted by JCAR, which we read as general concurrence
with the amendments as proposed. The list of suggestions and the Board’s response to each are
included in the tables that begin at page 50 of this opinion.
Emergency Amendments to the Carbamate Waste LDRs—Sections 728.140, 728.Table T, and
728.Table U
On September 4, 1998 (63 Fed. Reg. 47409), USEPA changed the effective dates and
adopted emergency amendments to the LDRs applicable to several carbamate wastes and waste
constituents. USEPA adopted the carbamate waste rules on April 8, 1996 (61 Fed. Reg. 15583).
The waste treatment industry later confronted USEPA with the fact that no analytical methods
exist to test for the presence of a number of the carbamate wastes, making it impossible to test
and demonstrate compliance with the corresponding waste treatment standards. In response,
USEPA amended its rules to indefinitely extend the alternative treatment standards for seven
carbamate waste constituents and deleted the treatment standard for another waste constituent.
The amendments further deleted the eight waste constituents from the listing of underlying
hazardous constituents. Finally, the amendments clarify that numerical standards again apply to
another 32 carbamate waste constituents after the August 26, 1998 expiration of the temporary
alternative standards for the 40 carbamate waste constituents. On May 11, 1999 (64 Fed. Reg.
25408), USEPA adopted corrective and clarifying amendments to five of its Phase IV LDR
rulemaking actions, including the action of September 4, 1998. These affected the amendments to
40 C.F.R. 268.40 and 268.48 (which correspond with 35 Ill. Adm. Code 728.140, and Tables T
and U to Part 728) included in the September 4, 1998 action. Persons interested in further
consideration of the substance of the federal actions should refer to the
Federal Register
notices
cited above.
The Board incorporated the September 4, 1998 federal carbamate waste amendments
without significant deviation from the federal text. The tables beginning at page 20 indicate the
revisions made in the verbatim wording of the federal amendments. USEPA added 40 C.F.R.
268.40(i) at 63 Fed. Reg. 46331 (Aug. 31, 1998) to stay the Phase IV LDRs, as they apply to
zinc-containing fertilizers, while it develops a more comprehensive set of regulations. In the
September 4, 1998 amendments, USEPA added another subsection (i). In the May 11, 1999
action, USEPA changed the first subsection (i) to subsection (j). The Board incorporates this
USEPA correction. The deviations from the text of the federal amendments appear in the table
that begins at page 20 of this opinion.
The Board requested public comment on our treatment of the carbamate waste
amendments. We requested specific attention to the issues outlined in the foregoing discussion. We
received no comments in response other than a series of suggested minor changes submitted by
JCAR and the Agency, which we read as general concurrence with the amendments as proposed.
The list of suggestions and the Board’s response to each are included in the tables that begin at
page 50 of this opinion.
10
LDR for Spent Potliners from Primary Aluminum Reduction—Sections 728.139 and 728.Table
T
USEPA adopted an LDR treatment standard for spent potliners from primary aluminum
production (USEPA hazardous waste number K088) on September 24, 1998 (63 Fed. Reg.
51253). USEPA originally imposed an LDR on the spent potliners on April 8, 1996 (61 Fed.
Reg. 15566), simultaneously establishing a national capacity variance that allowed the continued
temporary land disposal of the waste. Litigation subsequently resulted in a court overturning the
LDR, in Columbia Falls Aluminum Co. v. EPA, 139 F.3d 914 (D.C. Cir. 1998). In response,
USEPA adopted the interim replacement treatment standard on September 24, 1998, which will
remain in effect until USEPA can complete its review and establish a permanent standard. On
May 11, 1999 (64 Fed. Reg. 25408), USEPA adopted corrective and clarifying amendments to
five of its Phase IV LDR rulemaking actions, including the action of September 24, 1998. These
affected the amendments to 40 C.F.R. 268.40 (which correspond to Table T of Part 728) included
in the September 24, 1998 action. Persons interested in the details of the September 24, 1998
federal action should refer to the cited
Federal Register
notices.
The Board has incorporated the amendments to Table T of Part 728 prompted by the
amendments to the corresponding 40 C.F.R. 268.40 table. The tables beginning at page 20
indicate the revisions made in the verbatim wording of the federal amendments. The only
deviation from the text of the September 24, 1998 federal amendments was that no amendment
was necessary to Section 728.139(c). USEPA amended 40 C.F.R. 268.39(c) to reinstate the
provision with a changed effective date of July 8, 1997 to September 24, 1998. There is no
effective date codified into Section 728.139(c), and September 24, 1998 is a past effective date.
Therefore, no Board action is necessary to incorporate the federal amendments to this Section.
The table beginning at page 20 indicates the revisions made in the base text of the
regulations and to the verbatim wording of the federal amendments. The Board requested public
comment on the spent aluminum potliner amendments. We received no comments in response other
than a series of suggested minor changes submitted by JCAR, which we read as general
concurrence with the amendments as proposed. The list of suggestions and the Board’s response
to each are included in the tables that begin at page 50 of this opinion.
Alternative Methods for Facility Closure and Post-Closure Care—Sections
703.121, 703.161,
703.182, 703.214, 724.190, 724.210, 724.212, 724.218, 724.240, 725.190, 725.210, 725.212,
725.218, 725.221, and 725.240
On October 22, 1998 (63 Fed. Reg. 56709), USEPA adopted a series of amendments that
allow greater regulatory flexibility. The amendments allow USEPA and the states to authorize
closure and post-closure care measures for hazardous waste treatment, storage, and disposal
facilities by means other than a RCRA permit. USEPA and the states may use statutory and
regulatory “enforceable authorities” not related to RCRA to allow certain measures at affected
sites. This would, in part, reduce the potential for conflict between the RCRA closure
requirements and an alternative corrective action program. The amendments include requirements
for information submissions for RCRA Part B post-closure care permits. Examples of alternative
federal authorities given by USEPA are RCRA section 3008(h), 42 U.S.C. 6928(h) (1998),
11
corrective action orders and cleanup orders under section 106 of the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. 9606 (1998), as well as
comparable state authorities. 40 C.F.R. 270.1(c), (c)(7); see 63 Fed. Reg. at 56715. The Board
refers the interested reader to the
Federal Register
notices cited above for more information on
the federal rule.
The State will now be able to use alternative mechanisms to allow closure and post-
closure care requirements that are more suitably tailored than the generally-applicable hazardous
waste rules. The major limitations on the use of the alternative mechanisms is that they be
embodied in an “enforceable document,” and that certain RCRA standards continue to be fulfilled.
See new Section 725.221.
In its comments, the Agency suggested that the Board’s reference to the “
Brownfield” or
Site Remediation Program rules and to the “tiered approach to corrective action” rules in
conjunction with the alternative mechanisms allowed under these amendments was misleading.
Accordingly, the Board has removed these references from the amendments.
The Board incorporated the federal amendments (to 40 C.F.R. 264.90, 264.110, 264.112,
264.118, 264.140, 265.90, 265.110, 265.112, 265.118, 265.121, 265.140, 270.1(c), 270.1(c)(7),
270.14(a), and 270.28) into the corresponding Illinois provisions (35 Ill. Adm. Code 724.190,
724.210, 724.212, 724.218, 724.240, 725.190, 725.210, 725.212, 725.218, 725.221, 725.240,
703.121, 703.161, 703.182, and 703.214, respectively) with a minor amount of deviation from the
federal text. The tables beginning at page 20 indicate the revisions made in the verbatim wording
of the federal amendments. In the following paragraphs, the Board notes some of the deviations
from the federal text.
Differences between the federal and Illinois regulatory systems have prompted the Board to
make several additional categories of alterations to the federal language of the amendments. The first
is a series of conforming substitutions in basic nomenclature. USEPA defines the “alternative
requirements” as being embodied in an “enforceable document,” which is some legally binding
document other than a RCRA permit. 40 C.F.R. 270.1(c) & (c)(7). The Board can foresee several
methods by which an “enforceable document” might arise. Under Illinois law, a facility must operate
within the terms of a permit granted by the Agency. 415 ILCS 5/21(f) (1998). However, where
that permit would involve a deviation from Board regulations, an “enforceable document” could
be an order of the Board. In place of the federal “enforceable document” language, the Board has
substituted references to “an enforceable document containing alternative requirements.”
Although the Board originally standardized the use of three different terms in the federal
rules, the Agency’s comments in PC 2 have caused us to revise our position. USEPA uses three
separate references in its rules: “enforceable document,” “alternative requirements” (see
, e.g.,
40
C.F.R. 264.110(c) and (c)(2), 264.112(c)(2)(iv), 264.118(d)(2)(iv), 264.140(d) and (d)(2)), and
“alternative authorities” (see
, e.g.
, 40 C.F.R. 270.28). Treating these three terms as synonymous,
the Board used “alternative requirements” in the proposal for public comment when referring to
each of them. Upon evaluation of the Agency’s comments, the Board has retained the usage
“alternative requirements” where the federal provision uses this term, and the focus is clearly on
12
the requirements themselves. We have reverted to “enforceable document containing alternative
requirements” where the document itself is used and clearly intended, and similarly, to “alternative
authorities” where that term is used and clearly intended.
The second major change in the text of the April 8, 1999 proposal is in the use of dual
references to both the Board and the Agency. We noted that the alternative requirements could
arise from the Board or from the Agency, depending on the nature of those requirements and the
means by which an owner or operator seeks them. An owner or operator could obtain a Board
order granting facility-specific relief from the generally-applicable hazardous waste regulations.
This could be by means of a site-specific rule (under Sections 22.4(b) and 27 of the Act), an
adjusted standard (under Section 28.1 of the Act), or a variance (under Section 35 of the Act).
As indicated in its comments, the Agency does not agree with the Board’s conclusion that
a site-specific rule, an adjusted standard, or a variance, could ever give rise to an enforceable
document containing alternative requirements. We do not agree with this Agency comment. In
issuing a site-specific rule, an adjusted standard, or a variance, the Board is authorized to impose
such conditions as may be necessary to accomplish the purposes of the Act. Therefore, the Board
may craft a site-specific rule, an adjusted standard, or a variance that would fulfill the
requirements of an enforceable document containing alternative requirements so as to satisfy the
terms of these amendments.
The Agency’s comments in PC 2 also suggested that the Board had too narrow a focus as to
the scope of what could constitute an “enforceable document” and urged inclusion of references to
orders issued by courts of competent jurisdiction. The Board has added such a reference to Section
703.161, which defines an “enforceable document.” While this reference is included in Section
703.161, the Board has not added such references in other substantive provisions. For example,
Sections 724.190(f), 724.210(c), 724.218(d)(2)(D), 724.240(d), 725.190(f), 725.210(d),
725.218(d)(2)(D), and 725.240(d) contain limitations on the authority to issue “enforceable
documents.” Since courts do not derive authority from Board regulations, the inclusion of such
references to “courts of competent jurisdiction” in these sections would be inappropriate.
In addition to adding the reference to a court of competent jurisdiction, the Board has added
other examples to the definition of “enforceable document” at Section 703.161 in response to the
Agency’s comments. USEPA used the examples of a corrective action order issued under Section
3008(h) of RCRA, 42 U.S.C. 6928(h), or an imminent endangerment order issued under Section
106 of the federal Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. 9606. Since both are orders that could apply to a facility regulated under the Illinois
RCRA Subtitle C program, the Board has included references to them in Section 703.161.
By including examples of various types of orders in Section 703.161, the Board does not
intend to exclude other types of orders, not specifically mentioned, that could be considered an
“enforceable document.” The terms “enforceable document” and “alternative requirements”
should have as broad a meaning as USEPA would allow. To this end, we have retained the
references to the three types of relief available from the Board, a site-specific rule, an adjusted
standard, or a variance, at Section 725.221(b)(1)(A), and we have added a reference at Section
13
725.221(b)(1)(A)(iv) to a Board order issued pursuant to Section 33(a) of the Act (415 ILCS
5/33(a) (1998)). The Board has also retained its use of the phrase “Agency approved plan” at
Section 703.161, so that the Agency may exercise any such authority that it might have.
Another significant deviation in language is the Board’s addition of cross-references to a
central defining provision to further ensure consistent reading of the rules. See 35 Ill. Adm. Code
703.161. It appears that USEPA intended 40 C.F.R. 270.1(c)(7) as a central defining provision. It
authorizes the use of an enforceable document that would contain alternative requirements and broadly
defines the term “enforceable document.” Some substantive segments of the rules authorizing the use
of alternative requirements refer back to this section. To ensure consistency, the Board has added a
cross-reference to 35 Ill. Adm. Code 703.161 to those segments of the rules authorizing the use of
alternative requirements, that did not originally contain such a reference. Thus, Sections 724.190(f),
724.210(c), 724.212(b)(8) and (c)(2)(D), 724.218(b)(4), 724.240(d), 725.190(f), 725.210(d),
725.212(b)(8), 725.218(c)(5), and 724.240(d), now refer to “alternative requirements, as provided in
35 Ill. Adm. Code 703.161.”
In the April 8, 1999 proposal for public comment, the Board made one more significant change
in language for the purpose of adding clarity to the rules with no intent of changing the scope of
meaning intended by USEPA. USEPA requires any alternative requirements “protect human health.”
For example, under 40 C.F.R. 264.90(f) and 725.90(f), alternative groundwater monitoring
requirements must “protect human health.” To avoid either too liberal or too strict a reading, the
Board added the word “adequately” to the phrase. As a result, corresponding Sections 724.190(f) and
725.190(f) would have provided that the alternative requirements must “adequately protect human
health and the environment.” While we do not believe that USEPA intended to require near-absolute
protection of human health, neither do we believe that it intended to provide only minimal protection.
By adding the word “adequately,” we had hoped to avoid extreme readings of these passages.
Nevertheless, in response to the Agency’s comments, the Board has removed the word “adequately.”
As a result, the text reads the same as the federal action on which it was based.
A final significant alteration in language is that the Board has consistently changed references
to “post-closure permits” to read “post-closure care permits.” The reason for this is that the permits
pertain to post-closure care of the facility. The post-closure care period begins when facility closure is
complete, and such care is the sole activity at a closed facility. Parallel references to both “post-
closure” and “post-closure care” refer to the same thing, so the Board conformed each appearance
throughout the text by rendering it “post-closure care.”
Before concluding our discussion of the federal October 22, 1998 federal action, the Board
will address a final thought offered by the Agency. The Agency suggests that the Board not adopt
amendments based on the federal actions because “there may be a lack of alternative mechanisms
[under Illinois law] that meet the [federal] criteria for enforceable documents for utilizing alternative
requirements . . ..” (PC 2, Attachment D.) The Agency also suggests that “Illinois will not be able to
take advantage of any of these particular provisions until the Illinois EPA first receives authorization to
issue expansive cleanup orders requiring facility-wide corrective action.” PC 2, Attachment A, ¶1.
The Board believes that mechanisms are currently in place by which the State may utilize an
14
enforceable document containing alternative requirements. The Board disagrees with the Agency
comment and will proceed to adopt these rules.
The Board requested public comment on the amendments relating to alternative closure and
post-closure care requirements. We requested specific attention to the issues outlined in the foregoing
discussion. The Board received a number of suggestions for minor modifications from JCAR in
response. Further, as noted in the discussion above, the Agency submitted a number of suggestions for
substantive revisions. All of the suggested JCAR and Agency revisions are outlined in the tables that
begin at pages 50 and 68 of this opinion.
Hazardous Remediation Waste Management Rules—Sections 702.110, 702.126, 703.157,
703.234, 703.300-703.306, 703.Appendix A, 720.110, 721.104, 724.101, 724.173, 724.201,
724.652-724.654, 725.101, 728.102, and 728.150
USEPA adopted a set of amendments to further its regulatory reform initiative on
November 30, 1998 (63 Fed Reg. 65874). The amendments related to the management of
hazardous remediation waste (HWIR-media rules) and made five changes in the hazardous waste
rules. First, the amendments were intended to make permits easier to obtain for managing
remediation waste. The facility owner or operator may seek approval of a limited “remedial
action plan” (RAP) for its activities. Second, under the amendments, an owner or operator who
obtains approval of a RAP, will not be subject to the requirements of a facility-wide RCRA
permit. Third, they create a unit called a “staging pile” that allows greater flexibility in managing
the remediation waste. Fourth, under the amendments, the management of dredged materials
under a Clean Water Act permit (or the Marine Protection, Research, and Sanctuaries Act, which
does not apply in Illinois) is excluded from RCRA Subtitle C regulation. Finally, the amendments
expedite the procedure for federal approval of amended state RCRA Subtitle C programs. The
Board directs the reader’s attention to the November 30, 1998
Federal Register
notice for further
details on USEPA’s HWIR-media rules.
The Board has incorporated the substance of the federal HWIR-media amendments into
the Illinois regulations with a minimum of deviation from the federal text. The tables beginning at
page 20 indicate the revisions made in the verbatim wording of the federal amendments. The
federal rules presented six significant problems, however, that forced the Board to deviate in
several ways.
First, the federal rules are drafted in a “user-friendly” format that is more colloquial than
the language usually employed by the Board. For example, the federal rules are presented in a
question-and-answer format. They rely heavily on the use of personal pronouns, most
significantly “you,” “your,” “I,” and “my.” Further, new 40 C.F.R. 270, Subpart H codified as 35
Ill. Adm. Code 703.Subpart H, includes subheadings that appear topically important to the
organization of the rules, but which are not allowed under the Illinois Administrative Code
codification requirements. See 1 Ill. Adm. Code 5/100.310. The Board converted each of the
personal pronouns into “the owner or operator” or the impersonal pronouns “it” or “its.” The
Board used the topical subheadings under 40 C.F.R. 270, Subpart H as Section headings, making
each short federal section a subsection in the Illinois rules. This allowed the Board to avoid many
15
potential problems with a question-and-answer format because the questions have become
subsection headings.
Second, a few of the time limits set forth in the federal text conflict with limits that already
exist in the Illinois regulatory scheme. For example 40 C.F.R. 270.215(c) and (d) (codified as 35
Ill. Adm. Code 703.305(b)(3) and (b)(4)) provide that a RAP is effective 30 days after the
Agency’s notice of approval. The Board has used 35 days to be consistent with the 35 days
within which a permit appeal must be filed under Section 40(a)(1) of the Act. This includes
substituting 35 days for 30 days in Section 703.303(g) for the time when a RAP becomes
effective. Further, 40 C.F.R. 270.215(d) provides three days for completion of service by mail.
Had the Board used four days in corresponding Section 703.305(b)(4) to be consistent with
procedural rule 35 Ill. Adm. Code 101.144(c), the resulting 39 days would have exceeded the 35
days allowed under Section 40(a)(1) of the Act (415 ILCS 5/40(a)(1) (1998)). Finally, 40 C.F.R.
270.190(c)(2) and (c)(3) allow 60 days for review of RAP decisions. This is too short a time for
the Board to publish the appropriate notices, conduct public hearings, and conduct its review.
Rather, in corresponding 35 Ill. Adm. Code 703.304(d)(3)(B) and (d)(3)(C), the Board has
borrowed the 120 days allowed as adequate time for Board review of permit appeals provided in
Section 40(a)(2) of the Act.
Third, 40 C.F.R. 270.90 includes an explanation that 40 C.F.R. 270.4 provides that
compliance with a permit constitutes compliance with RCRA. This is contrary to Illinois law,
under which compliance with a permit does not constitute an absolute defense to a charge of
violation of a substantive standard other than a failure to operate in accordance with the terms of
a permit. The Board omitted this language from the text and added an explanatory Board Note.
Fourth, 40 C.F.R. 270.190(b) through (d) provide a procedure for informal appeal of a
RAP determination. The Board has not retained the word “informal” in the description of the
procedure in corresponding 35 Ill. Adm. Code 703.304(e)(2) through (e)(4), since there is no
such procedure for an informal appeal under the Act. Under Section 39 of the Act, the Agency
makes its decisions on permit applications. The Board formally hears appeals of those decisions
pursuant to Section 40 of the Act. For the purposes of public comment, the Board has rendered
Section 703.304(e)(2) through (e)(4) to use the formal procedure provided under the Act. It may
be possible to use this provision to provide for Agency reconsideration of its RAP determinations.
If the Board adopts the option of a formal appeal in the final version of this rule, the appeal
referred to in Section 703.304(e)(4) would be an appeal to the Board pursuant to Section 40 of
the Act. If this is redrafted to provide for Agency reconsideration of its RAP determinations, the
Board would restore the 60-day timeframe provided in the federal rule for the Agency to render
its decision. On the other hand, if the Board renders this provision as providing for appeal to the
Board, we would remove the word “informal” and retain the 120-day timeframe for decision that
we have already borrowed from Section 40 of the Act.
Fifth, under the federal rules, USEPA has provided for the approval, denial, or partial
denial of a RAP. See 40 C.F.R. 270.130(b). Under Section 39 of the Act, the Agency has the
power to grant or deny a permit, as well as the power to grant a permit with conditions. (415
16
ILCS 5/39 (1998)). The Board has also accordingly added a provision for approving a RAP with
conditions. See 35 Ill. Adm. Code 703.303(a)(2).
Sixth, the federal rules, in 40 C.F.R. 270.115, set forth the federal procedure for an owner
or operator to seek protection of confidential business information when applying for an RAP.
The process is different from that already provided for in Illinois under 35 Ill. Adm. Code 120.
Thus, in corresponding 35 Ill. Adm. Code 703.302(e), the Board has maintained the Illinois
procedure. Under the Illinois procedure, it is a “trade secret,” rather than “confidential business
information,” that is protected from disclosure. Thus, in addition to changing the regulatory
cross-reference to cite Illinois regulations, the Board revised the explanation of the document
marking requirements to refer to marking “trade secret” in red ink. What is and is not protected
from disclosure under Illinois law is immaterial from the federal perspective, so long as
information for which federal law mandates public disclosure is not protected from disclosure
under Illinois law. See 40 C.F.R. 2.301-2.311.
Other minor deviations from the federal text are a shift in usage. In 40 C.F.R. 270.80(f),
USEPA refers to a cleanup compelled by “Federal or State cleanup authorities.” The Board
chose the words “authorities issued by USEPA or the State of Illinois” to clarify this term. In
another clarifying deviation, the Board has consistently used “RCRA permit” where USEPA
refers to “permit” in the text. The Board prefers this more consistent usage to reduce the
potential for confusion.
As with the October 22, 1998 amendments pertaining to alternative closure and post-closure
care requirements, the November 30, 1998 HWIR-media rules include a number of references to
“protect human health and the environment.” In the April 8, 1999 proposal for public comment, the
Board added the modifier “adequately” to this phrase. For the same reasons as with the closure and
post-closure care rules, we now delete the term “adequately” from this reference.
Finally, the Board incorporated one federal definition by reference, rather than follow our
typical practice of restating such material in our rules. In the 40 C.F.R. 261.4(g) exclusion of dredged
material from the definition of “hazardous waste,” USEPA incorporates the definition of “dredged
material” from its Clean Water Act regulations at 40 C.F.R. 232.2. In corresponding 35 Ill. Adm.
Code 721.104(g), the Board has retained the citation to 40 C.F.R. 232.2 for definition of the term. The
Board will, of course, continue to follow its practice of annually updating all federal regulations
incorporated by reference, including this one. The exclusion of dredged materials applies only to those
materials defined under 40 C.F.R. 232.2 and regulated under the body of regulations in which that
definition appears.
The Board requested public comment on the HWIR-media amendments. We requested
specific attention to the issues outlined in the foregoing discussion. We received no comments in
response other than a series of suggested minor changes submitted by JCAR and the Agency,
which we read as general concurrence with the amendments as proposed. The list of suggestions
and the Board’s response to each are included in the tables that begin at page 50 of this opinion.
17
Universal Waste Rule Corrections—Sections 726.180 and 733.106
USEPA adopted a set of corrections to its universal waste rule on December 24, 1998 (63
Fed. Reg. 71225). Three corrections relate to reclaimed spent lead-acid batteries. Another
corrects the definition of “small quantity universal waste handler.” Finally, a correction clarifies
the applicability of the export requirements to destination universal waste handlers. The Board
defers to the December 24, 1998
Federal Register
notice for a detailed discussion of the federal
action.
The Board incorporated the federal amendments with minor deviation from the federal
text. The tables beginning at page 20 indicate the revisions made in the verbatim wording of the
federal amendments. The Board encountered two minor challenges in incorporating the federal
requirements into the Illinois Regulations. First, as in the November 30, 1998 HWIR-media rule,
USEPA used a more colloquial format for a segment of the amended rule. In such situations, the
Board changed “you aren’t” to read “the owner or operator is not.”
Second, although we generally codify tables separately at the end of the Part, the Board
incorporated the table from 40 C.F.R. 266.80(a) into corresponding 35 Ill. Adm. Code
266.180(a). We believe that the table successfully presents the requirements and outlines their
applicability very clearly and succinctly. Rendering them in a standard format would not improve
them. We further believe that this is the best location for them since it is Section 726.180 that
outlines applicability.
The Board requested public comment on the universal waste rule corrections. We requested
specific attention to the issues outlined in the foregoing discussion. We received no comments in
response other than a series of suggested minor changes submitted by JCAR and the Agency,
which we read as general concurrence with the amendments as proposed. The list of suggestions
and the Board’s response to each are included in the tables that begin at page 50 of this opinion.
Petroleum Waste-Derived Landfill Wastes—Section 721.104
USEPA adopted a temporary deferral of regulation as hazardous waste for certain
petroleum refining-derived wastes on February 11, 1999 (64 Fed. Reg. 6806). USEPA amended
its definition of hazardous waste to exempt, until February 13, 2001, certain leachate or gas
condensate collected from landfills where solid wastes have been disposed from petroleum
refining (now listed as USEPA hazardous waste numbers K169 through K172). See the
February 11, 1999
Federal Register
notice for explanation of the federal action.
As is explained above at page 4 of this opinion, the Board is granting expedited
consideration of the February 11, 1999 federal amendments in this docket, rather than waiting
until the next update docket. The February 11, 1999 amendments relate to hazardous waste
listings that were recently adopted in the prior RCRA Subtitle C update docket R98-21/R99-
2/R99-7, and for which there will be no exclusion in Illinois until the Board acts to adopt the
federal deferral of regulation. Until the Board adopts the deferral, these wastes will remain
subject to hazardous waste regulation under the Illinois hazardous waste rules. This will impose
18
an undesirable and disproportionate regulatory burden on entities in Illinois. Additionally, since
Section 721.104 is already involved in this proceeding, it is appropriate for the Board to address
the deferral at this time.
The Board incorporated the federal amendments into the corresponding Illinois rules with
only minor deviations from the federal text. The tables beginning at page 20 indicate the revisions
made in the verbatim wording of the federal amendments.
The Board requested public comment on the petroleum waste-derived landfill waste exclusion
amendments. We received no comments in response other than a series of suggested minor
changes submitted by JCAR, which we read as general concurrence with the amendments as
proposed. The list of suggestions and the Board’s response to each are included in the tables that
begin at page 50 of this opinion.
Phase IV LDR Corrections and Clarifications—Sections 721.102, 721.104, 728.102, 728.107,
728.109, 728.140, 728.Table I, 728.Table T, and 728.Table U
On May 11, 1999 (64 Fed. Reg. 25408), USEPA adopted corrective and clarifying
amendments to five of its Phase IV LDR rulemaking actions, including those of May 12, 1997 (62
Fed. Reg. 25998); May 26, 1998 (63 Fed. Reg. 28556); August 31, 1998 (63 Fed. Reg. 46332);
September 4, 1998 (63 Fed. Reg. 47409); and September 24, 1998 (63 Fed. Reg. 51254). The
federal amendments of September 4, 1998 and September 24, 1998, are considered elsewhere in
this opinion (see pages 9 and 10 above). The Board adopted the May 12, 1997 amendments on
August 20, 1998, in consolidated docket R97-21/R98-3/R98-5. We included the May 26, 1998
and August 31, 1998 amendments in consolidated docket R98-21/R99-2/R99-7, which we
adopted on December 17, 1998. Included were corrections to 40 C.F.R. 261.2, 261.4, 262.32,
268.2, 268.7, 268.9, 268.40, 268.48, and 268.49 (corresponding with 35 Ill. Adm. Code 721.102,
721.104, 722.132, 728.102, 728.107 and 728.Table I, 728.109, 728.140 and 728.Table T, and
728.Table U, respectively). Persons interested in the details of the federal amendments should
consult the May 11, 1999
Federal Register
notice.
Amendments corresponding to the federal May 11, 1999 corrective and clarifying
amendments did not appear in the Board’s April 8, 1999 proposal for public comment because
USEPA had not adopted the amendments by the time the Board adopted the proposal. The
Board has decided to include the federal amendments in this final adoption because they involve
the same Parts and subject matter as some of the proposed amendments (the Phase IV LDRs),
some of the May 11, 1999 amendments reverse some of the amendments included in the proposal
(to Table T and Table U to Part 728), and none of the May 11, 1999 amendments impose an
additional substantive burden on regulated entities in Illinois. In order to include these
amendments, the Board has opened Sections 721.102, 728.107, 728.109, 728.149, and 728.Table
I, which were not involved in the April 8, 1999 proposal for public comment.
The Board cannot, however, include amendments to a Part of the rules not included in the
April 8, 1999 proposal for public comment. For example, the federal amendment to 40 C.F.R.
262.34, which changed a cross reference to “40 C.F.R. 268.7(a)(4)” to “40 C.F.R. 268.7(a)(5),”
19
could not be included in this action because the necessary part of the Illinois rules, Part 722, was
not included in the April 8, 1999, proposal. We will include that portion of the May 11, 1999
federal action in the next RCRA Subtitle C update docket.
Discussion of Miscellaneous Other Amendments not Federally Driven
The tables beginning below contain numerous corrections and changes that are not based
on current federal amendments. The first table (beginning immediately below) includes deviations
made in the April 8, 1999 proposal for public comment from the verbatim text of the federal
amendments. The second table (beginning below on page 41 of this opinion) contains corrections
and clarifications that the Board made in the base text involved in the proposal. The changes
contained in this second table are not directly derived from the current federal amendments.
Some of the entries in these tables are discussed further in appropriate segments of the general
discussion which begins at page 7 of this opinion.
The third table (beginning below on page 50 of this opinion) contains changes made, based
on public comments received, to the text of the April 8, 1999 proposal for public comment. The
third table indicates the affected provision of the rules, the source of the revision, and the nature
of the revision. The fourth table (beginning below on page 68 of this opinion) contains those
suggested changes that the Board has not made to the text. The fourth table indicates the affected
provision, the source and nature of the suggestion for change, and the reasons the Board chose
not to make the change.
TABLE 1
Deviations from the Text of the Federal Amendments
Illinois Section
40 C.F.R. Section
Revision(s)
702.110 “remedial
action plan”
270.2 “remedial action
plan”
Placed defined term in quotes; added “or;”
used quotes in place of parentheses for
abbreviation “RAP;” added “
pursuant to 35
Ill. Adm. Code 703.Subpart H;” added
comma before “instead” to offset
parenthetical; added “RCRA;” added comma
before conjunction to offset the final element
of a series
702.126(d)(2)
270.11(d)(2)
Added “alternative owner certification;”
changed personal pronoun “who” to “that”
703.121(b)
270.1(c)
Substituted “enforceable documents
containing alternative requirements” for
“enforceable documents”
20
703.161(a)
270.1(c)(7)
Subdivided the Section, designating the
proposed text as subsection (a); deleted “at
the discretion of the [Agency];” removed
parenthetical “in lieu of a post-closure
permit;” substituted “an enforceable
document containing alternative
requirements” for “enforceable document”
(twice); added “that” before for “comply
with;” used “an order of the Board or
Agency-approved plan . . .” in place of “an
order, a plan, or other document . . .”
703.161(b)
271.16(e)
Added a subsection based on 40 C.F.R.
271.16(e); thoroughly reworded the federal
provision: crafted a general requirement that
alternative requirements be embodied in a
document enforceable under the Act from a
requirement that the State have certain
authorities with regard to enforcement of
enforceable documents
703.182 preamble
270.14(a)
Changed “post-closure permit” to “post-
closure care permit”
703.214
270.28
Shortened Section heading; changed “post-
closure permit” to “post-closure care permit”
(twice); added comma before conjunction to
offset the final element of a series; changed
“an alternative authority is used in lieu of a
post-closure permit” to “it seeks alternative
requirements embodied in an enforceable
document;” added comma before “as
provided” to offset parenthetical
703.300
270.79
Changed Section heading to a declarative
statement; changed “this subpart is written”
to “USEPA wrote the federal counterpart to
this Subpart, 40 CFR 270, Subpart H;” added
sentence about Board adaptation of Subpart
H; added “all;” added “Subpart”
703.301 Section
heading
Subpart subheading
Used subpart subheading as the Section
heading
703.301(a)
270.80
Rendered entire federal section as subsection,
renumbering subsections accordingly
703.301(a)(1)
270.80(a)
Changed “you, as an owner or operator,
may” to “an owner or operator may;”
changed “you” to “the owner or operator”
703.301(a)(3)
270.80(c)
Added cross-reference to definitions section
703.301(a)(4)
270.80(d)
Added “either of the following”
21
703.301(a)(4)(B)
270.80(d)(2)
Added indefinite article “a;” used “or” in
place of “and/or”
703.301(a)(5)
270.80(e)
Changed “you are” to “an owner or operator
is;” changed “Federal or State cleanup
authorities” to “authorities issued by USEPA
or the State of Illinois;” changed “your RAP”
to “a RAP;” changed “your obligations” to
“the obligations”
703.301(a)(6)
270.80(f)
Changed “you receive” to “an owner or
operator receives;” changed “your interim
status” to “the facility’s interim status”
703.301(b)
270.85
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “do I” to “does an owner or
operator”
703.301(b)(1)
270.85(a)
Changed “you treat, store, or dispose” to “an
owner or operator treats, stores, or
disposes;” changed “you must” to “an owner
or operator shall”
703.301(b)(3)
270.85(c)
Changed “you” to “an owner or operator;”
changed “you must” to “an owner or
operator shall” (twice); changed “these
RAPs” to “the RAP;” changed “your” to “the
owner’s or operator’s;” moved the adverb
“however” to beginning of the sentence;
changed semicolon to a period to split a
runon sentence; changed “you submit” to “an
owner or operator submits;” changed “your
permit” to “the owner’s or operator’s RCRA
permit” (twice); added comma to offset
prepositional phrase “when . . . modified;”
added comma to offset “therefore,” added
comma to offset final element of a series;
used “the permit” in place of “it”
703.301(c)
270.90
Rendered entire federal section as subsection;
changed “my” to “a;” changed “me” to “an
owner or operator;” changed “me” to “it;”
replaced note language about compliance
with a permit constituting compliance with
RCRA with a note explaining the contrary is
true under Illinois law
703.302 Section
heading
Subpart subheading
Used subpart subheading as the Section
heading
22
270.95
Rendered entire federal section as subsection;
statement and used it as a subsection heading;
changed “you must” to “an owner or
703.302(b)
270.100
added a comma to offset final element of a
series
703.302(c)
270.105
Rendered entire federal section as subsection;
changed “must” to “shall” (twice)
703.302(d)
270.110
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “I” to “an owner or operator;”
changed “my” to “its” (twice); changed “you
must” to “an owner or operator shall”
703.302(d)(1)
270.110(a)
Changed “EPA” to “USEPA”
703.302(d)(5)
270.110(e)
Added “the following”
703.302(d)(5)(C)
270.110(e)(3)
Added a comma to offset the final element of
a series
703.302(d)(6)
270.110(f)
Added “the following;” added a comma to
offset the final element of a series
703.302(d)(6)(A)
270.110(f)(1)
Used “or” in place of “and/or”
703.302(d)(6)(C)
270.110(f)(3)
Changed “you” to “an owner or operator”
703.302(d)(7)
270.110(g)
Changed “your” to “an owner’s or
operator’s”
703.302(d)(8)
270.110(h)
Used lower case “federal”
23
703.302(e)
270.115
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “you want” to “an owner or
operator wants;” substituted citation to
Illinois trade secrets protection rules (twice);
changed “you” to “an owner or operator”
(twice); changed “you submit” to “an owner
or operator submits” (four times); changed
“you must” to “an owner or operator shall;”
changed “your” to “its;” changed
“confidential business information” to “trade
secret;” changed “on each . . . information”
to “in red ink as provided in 35 Ill. Adm.
Code 120.305;” changed “you do assert” to
“an owner or operator asserts;” added “in
compliance with 35 Ill. Adm. Code 120.201;”
used “Agency shall” in place of “EPA will;”
changed “you do” to “an owner or operator
does;” used “Agency shall” in place of “EPA
may;” changed “you” to “the owner or
operator;” used “or” in place of “and/or”
703.302(f)
270.120
Rendered entire federal section as subsection;
changed “I” to “an owner or operator;”
changed “my” to “its;” changed “you must”
to “an owner or operator shall;” changed
“your” to “its”
703.302(g)
270.125
Rendered entire federal section as subsection;
changed “you submit” to “an owner or
operator submits” (twice); changed “your” to
“its” (three times); changed “you must” to
“an owner or operator shall”
703.303 Section
heading
Subpart subheading
Used subpart subheading as the Section
heading
703.303(a)
270.130
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “my” to “an”
703.303(a)(1)
270.130(a)
Changed “your” to “an owner’s or
operator’s;” changed “your” to “the” (three
times); changed “Director will” to “Agency
shall” (twice)
24
703.303(a)(2)
270.130(b)
Changed “your” to “an owner’s or
operator’s” (three times); changed “your” to
“the” (three times); changed “you” to “an
owner or operator” (twice); changed “you
fail or refuse” to “an owner or operator fails
or refuses;” changed “your” to “its;” added
“either;” added “or to approve that
application with certain changes” (twice);
added parenthetical “as allowed under
Section 39 of the Act [415 ILCS 5/39]”
offset by comma; changed “Director will” to
“Agency shall”
703.303(b)
270.135
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “it” to “the draft;” added “the
following information”
703.303(b)(1)
270.135(a)
Added definite article “the”
703.303(b)(2)(A)
270.135(b)(1)
Changed “your” to “the;” added comma
before “as required” to offset parenthetical
703.303(b)(2)(B)
270.135(b)(2)
Added definite article “the”
703.303(b)(2)(C)
270.135(b)(3)
Added definite article “the;” changed “your”
to “the”
703.303(c)
270.140
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “he must” to “it shall;” added “do
the following”
703.303(c)(2)
270.140(b)
Added “the following information”
703.303(c)(2)(C)
270.140(b)(2)
Changed “issuing Regional office” to
“applicable Agency office”
703.303(d)
270.145
Rendered entire federal section as subsection,
renumbering subsections accordingly
703.303(d)(1)
270.145(a)
Changed “must” to “shall;” added “publish
notice of its intent as follows”
703.303(d)(1)(A)
270.145(a)(1)
Changed “you” to “an owner or operator”
(twice); changed “his” to “its;” changed
“your” to “an owner’s or operator’s”
703.303(d)(1)(B)
270.145(a)(2)
Changed “his” to “its;” changed “your” to
“an owner’s or operator’s”
703.303(d)(1)(C)
270.145(a)(3)
Changed “his” to “its;” changed “your” to
“an owner’s or operator’s”
703.303(d)(1)(D)
270.145(a)(4)
Changed “his” to “its;” changed “your” to
“an owner’s or operator’s” (twice)
703.303(d)(3)
270.145(c)
Added “the following information”
703.303(d)(3)(A)
270.145(c)(1)
Added “Agency”
25
270.145(c)(9)
Added “that”
270.145(d)
Changed “his” to “its;” changed “your” to
“must” to “shall” (twice); changed “his” to
“its;” added the following additional
703.303(d)(4)(A)
270.145(d)(1)
Added indefinite article “a”
703.303(e)
270.150
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “will” to “must;” changed “my” to
“an”
703.303(e)(1)
270.150(a)
Changed “must” to “shall;” deleted
unnecessary comma after “period;” added
“the Agency may;” changed “your” to “the”
703.303(e)(2)
270.150(b)
Changed “your” to “the owner’s or
operator’s” (three times); changed “you” to
“the owner or operator;” changed “your” to
“the”
703.303(e)(3)
270.150(c)
Changed “your” to “the owner’s or
operator’s” (twice); changed “he” to “it;”
changed “your” to “the;” changed “you” to
“the owner or operator;” changed “your” to
“the”
703.303(e)(4)
270.150(d)
Changed “he will” to “it shall”
703.303(e)(5)
270.150(e)
Changed “your” to “its;” changed “he will” to
“it shall”
703.303(e)(6)
270.150(f)
Changed “must” to “shall;” changed “issuing
Regional office” to “applicable Agency
office;” changed “which” to “that;” added
comma to offset parenthetical, “as long as
. . .;” added “the following items”
703.303(e)(7)
270.150(g)
Changed “must” to “shall”
703.303(f)
270.155
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “my” to “an”
703.303(f)(1)
270.155(a)
Used singular “hearing;” changed “your” to
“the owner’s or operator’s;” changed “who”
to “that;” changed “the Director will” to “the
Agency shall;” used singular “RAP;” added
“the following information”
703.303(f)(1)(A)
270.155(a)(1)
Changed “the briefing schedule” to “the
public hearing and any briefing schedule”
703.303(f)(1)(B)
270.155(a)(2)
amicus brief” to “participate
or an amicus brief”
270.160
Rendered entire federal section as subsection,
changed “my” to “an;” changed “your” to
“an;” changed “30 days” to “35 days;”
changed “your” to “the;” added “any of the
following is true;” added ending explanatory
703.303(g)(1)
270.160(a)
703.303(g)(2)
270.160(b)
changed “your” to “the” (three times)
703.303(h)
Rendered entire federal section as subsection;
changed “you” to “an owner or operator”
703.304 Section
heading
Used subpart subheading as the Section
heading; changed question into a declarative
703.304(a)
270.170
changed “my” to ”an;” changed “your” to
“an;” changed “must” to “shall;” changed
“an owner’s or operator’s;” changed “your”
to “its”
270.175
Rendered entire federal section as subsection,
changed “my” to “a”
703.304(b)(1)
Rendered entire federal section as subsection,
renumbering subsections accordingly;
operator’s;” changed “your” to “its;” changed
“will” to “shall;” changed “my” to “a;”
owner or operator;” added “the following”
703.304(b)(1)(A)
Changed “you” to “the owner or operator”
703.304(b)(1)(C)
Added a comma to offset the last element of
a series; deleted a comma separating the
703.304(b)(1)(D)
270.175(a)(4)
“the owner’s or operator’s;” added comma
after “shortage” to offset parenthetical;
to “an owner or operator has”
27
703.304(b)(1)(E)
270.175(a)(5)
Changed “you are” to “the owner or operator
is;” changed “your” to “its”
703.304(b)(1)(F)
270.175(a)(6)
Changed “you” to “the owner or operator”
(twice)
703.304(b)(1)(G)
270.175(a)(7)
Changed “your” to “the owner’s or
operator’s;” added “the RAP”
703.304(b)(1)(H)
270.175(a)(8)
Changed “you have” to “the owner or
operator has;” added “and;” changed “your”
to “an”
703.304(b)(2)
270.175(b)
Changed “he” to “it”
703.304(b)(3)
270.175(c)
Changed “will” to “shall”
703.304(c)
270.180
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “my” to “a”
703.304(c)(1)
270.180(a)
Changed “your” to “a” (twice); changed “his”
to “its;” changed “will” to “ shall;” changed
“your” to “the owner’s or operator’s”
703.304(c)(2)
270.180(b)
Changed “will” to “ shall”
703.304(d)
270.185
Rendered entire federal section as subsection;
changed “my” to “a” (twice); changed “your”
to “a” (twice); changed “his” to “its;”
changed “your” to “the” (twice)
703.304(e)
270.190
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “my” to “a”
703.304(e)(1)
270.190(a)
Added a comma to offset final element of a
series (twice); removed comma from a two-
element series; changed “who” to “that”
(twice); used singular “hearing” (twice);
changed “your” to “a;” removed unnecessary
comma separating sentence subject and verb
703.304(e)(2)
270.190(b)
Added a comma to offset final element of a
series; removed comma from a two-element
series; changed “who” to “that” (twice); used
singular “hearing” (twice); changed
“informally appeal” to “appeal”
703.304(e)(3)
270.190(c)
Changed “process” to “procedure;” changed
“informal appeal” to “appeal”
703.304(e)(3)(A)
270.190(c)(1)
Changed “must” to “shall;” changed “letter”
to “petition” (twice); added reference to “35
Ill. Adm. Code 101 and 105;” added “state
the defect . . . pursue the appeal”
703.304(e)(3)(B)
270.190(c)(2)
Changed “60 days” to “120 days;” changed
“letter” to “petition”
28
703.304(e)(3)(C)
270.190(c)(3)
Changed “60 days” to “120 days”
703.304(e)(4)
270.190(d)
Changed “informal appeal” to “appeal”
703.304(f)
270.195
Rendered entire federal section as subsection;
changed “my” to “a;” changed “will” to
“shall” (twice); changed “you” to “the owner
or operator;” changed “your” to “the;”
changed “you continue” to “the owner or
operator continues;” added “the Act and”
703.304(g)
270.200
Rendered entire federal section as subsection;
changed “I” to “an owner or operator;”
changed “my” to “a;” changed “if it” to
“that;” changed “you wish” to “an owner or
operator wishes;” changed “your” to “a;”
changed “you must” to “an owner or
operator “shall”
703.304(h)
270.205
Rendered entire federal section as subsection;
changed “have” to “has;” changed “my” to
“its;” changed “you have” to “an owner or
operator has;” changed “your” to “an
owner’s or operator’s;” changed “your” to
“the”
703.305 Section
heading
Subpart subheading
Used subpart subheading as the Section
heading; changed “your” to “a”
703.305(a)
270.210
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “I” to “an owner or operator;”
changed “my” to “its;” changed “you are” to
“an owner or operator is;” added “the
following”
703.305(a)(1)
270.210(a)
Changed “you submit” to “an owner or
operator submits;” used “three” in place of
“3”
703.305(a)(2)
270.210(b)
Changed “and/or” to “or;” changed “you” to
“an owner or operator;” changed “your” to
“the”
703.305(b)
270.215
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “my” to “the”
703.305(b)(1)
270.215(a)
Changed “your” to “a;” changed “you must”
to “the owner or operator shall;” changed
“your” to “the;” changed “you” to “the
owner or operator”
29
703.305(b)(2)
270.215(b)
Changed “you are” to “the owner or operator
is;” changed “your” to “its” (twice); changed
“you wish” to “the owner or operator
wishes;” changed “must” to “shall” (twice);
changed “you plan” to “an owner or operator
plans;” changed “owner/operator” to “owner
or operator”
703.305(b)(3)
270.215(c)
Changed “you wish” to “an owner or
operator wishes;” changed “your” to “its”
(three times); changed “you must” to “an
owner or operator shall;” changed “30 days”
to “35 days;” changed “30th day” to “35th
day” (twice); changed “you” to “the owner or
operator” (twice)
703.305(b)(4)
270.215(d)
Changed “3 days” to “four days;” changed
“you wish” to “an owner or operator
wishes;” changed “your” to “its” (twice);
changed “you must” to “an owner or
operator shall;” changed “30 days” to “35
days;” changed “you” to “the owner or
operator” (twice); deleted sentence extending
time for appeal if the notice was sent by mail
703.305(c)
270.220
Rendered entire federal section as subsection,
renumbering subsections accordingly;
changed “I” to “an owner or operator;”
changed “my” to “its”
703.305(c)(1)
270.220(a)
Changed “you wish” to “an owner or
operator wishes;” changed “your” to “its”
(twice); changed “you must” to “an owner or
operator shall;” changed “owner/operator
must” to “owner or operator shall;” changed
“you” to “the owner or operator”
703.305(c)(2)
270.220(b)
Changed “you, as the old owner or operator
must” to “the old owner or operator shall;”
changed “must” to “shall” (three times);
changed “owner/operator” to “owner or
operator;” changed “tell you that you no
longer need” to “tell the owner or operator
that it no longer needs”
703.305(d)
270.225
Rendered entire federal section as subsection;
changed “must” to “shall;” added
parenthetical “incorporated by reference . . .”
703.306
270.230
Changed “I” to “an owner or operator”
703.306(a)
270.230(a)
Changed “you” to “an owner or operator”
(twice)
30
703.306(b)
270.230(b)
Changed “must” to “shall”
703.306(c)
270.230(c)
Changed “you must” to “an owner or
operator shall;” changed “the Director will”
to “the Agency shall”
703.306(d)(4)
270.230(d)(4)
Changed “which” to “that;” changed “you
must” to “an owner or operator shall;” added
definite article “the”
703.306(d)(4) Board
Note
270.230(d)(4) Note
Changed “sites located in political
jurisdictions other than those listed in
Appendix VI of Part 264 of this chapter” to
“sites in Illinois;” changed “this” to “the;”
added “of subsection (d)(4) . . . Appendix
VI”
720.110 “corrective
action management
unit”
260.10 “corrective action
management unit” ¶ (3)
Changed “notwithstanding paragraph (2)” to
“notwithstanding the immediately preceding
paragraph;” added “a facility that”
720.110
“miscellaneous unit”
260.10 “miscellaneous
unit”
Changed a comma to a semicolon to offset
the final element of a series
720.110 “remediation
waste management
site”
260.10 “Remediation
waste management site”
Added quotation marks to defined term;
added a comma to offset the final element of
a series; added “a remediation waste
management site”
720.110 “staging pile”
260.10 “staging pile”
Added quotation marks to defined term
721.102(e)(1)(C)
261.2(e)(1)(iii)
Used “in such a manner that” in place of
“such that”
721.104(a)(17)(E)
260.4(1)(17)(v)
Hyphenated “non-land-based”
721.104(b)(15)
260.4(b)(15)
Added “the following conditions are fulfilled”
721.104(b)(15)(A)
260.4(b)(15)(i)
Corrected the effective date of the hazardous
waste listing to “January 19, 1999”
721.104(b)(15)(C)
260.4(b)(15)(iii)
Added ending conjunction “and”
721.104(b)(15)(D)
260.4(b)(15)(iv)
Added “federal”
721.104(g)
260.4(g)
Deleted citation to the Marine Protection,
Research, and Sanctuaries Act; added “the
purposes of”
721.104(g) “dredged
material”
260.4(g)(1)
Added quotation marks to the defined term;
added parenthetical “as incorporated by
reference . . .”
721.104(g) “permit”
260.4(g)(2)
Added quotation marks to the defined term;
changed “Corps” to “Army Corps” (four
times); deleted “or an approved State;”
changed “U.S.C.” to “USC” (twice); changed
“paragraphs (g)(2)(i) and (ii)” to “the
preceding two paragraphs”
31
724.101(j)
264.1(j)
Added a comma to offset final element of a
series; changed “must” to “shall;” added
“comply with the following requirements”
724.101(j)(1)
264.1(j)(1)
Added “the owner or operator shall;”
changed “Administrator” to “USEPA;”
changed “EPA” to “USEPA”
724.101(j)(2)
264.1(j)(2)
Added “the owner or operator shall;”
changed “must be kept” to “the owner or
operator shall keep the analysis”
724.101(j)(3)
264.1(j)(3)
Added “the owner or operator shall;” added
“the site;” added “the owner or operator
shall;” added “the following;” deleted “that”
724.101(j)(4)
264.1(j)(4)
Added “the owner or operator shall” (twice);
deleted unnecessary commas before and after
“or may lead to;” deleted unnecessary comma
before “or a threat to human health;” changed
“must” to “shall” (twice); changed
“owner/operator” to “owner or operator;”
moved adverb “immediately” before verb
“take”
724.101(j)(5)
264.1(j)(5)
Added “the owner or operator shall”
724.101(j)(6)
264.1(j)(6)
Added “the owner or operator shall” (twice);
added a comma to offset final element of a
series
724.101(j)(7)
264.1(j)(7)
Changed “owner/operator” to “owner or
operator” (twice); changed “must” to “shall”
724.101(j)(8)
264.1(j)(8)
Added “the owner or operator shall;” added a
comma to offset final element of a series
724.101(j)(9)
264.1(j)(9)
Added “the owner or operator shall;” added a
comma to offset final element of a series
724.101(j)(10)
264.1(j)(10)
Added “the owner or operator shall;” added a
comma to offset final element of a series
724.101(j)(11)
264.1(j)(11)
Added “the owner or operator shall”
724.101(j)(12)
264.1(j)(12)
Added “the owner or operator shall;” added a
comma to offset final element of a series
724.101(j)(13)
264.1(j)(13)
Added “the owner or operator shall”
724.190(e)
264.90(e)
Changed “post-closure” to “post-closure
care;” changed “or an enforceable document”
to “or other enforceable document;” added
“that contains alternative requirements for the
facility;” changed “when the Agency . . .
enforceable document” to read “when an
enforceable document . . . facility”
32
724.190(f)
264.90(f)
Changed “the Regional Administrator may”
to “A permit or enforceable document . . . a
regulated unit that;” added “as provided
under 35 Ill. Adm. Code 703.161;” changed
“Regional Administrator” to “Board or
Agency;” added “the following”
724.190(f)(1)
264.90(f)(1)
Used plural “units”
724.201(d)
264.101(d)
Changed “this does” to “the requirements of
this Section do;” added a comma to offset
final element of a series
724.210(c)
264.110(c)
Changed “the Regional Administrator may”
to “A permit or enforceable document . . . a
regulated unit that;” added “closure and post-
closure care;” changed “or in an enforceable
document” to “or other enforceable
document;” changed “(as defined in 40 CFR
270.1(c)(7))” to parenthetical “as provided
under 35 Ill. Adm. Code 703.161” offset by
commas; changed “Regional Administrator”
to “Board or Agency;” added “the following”
724.210(c)(1)
264.110(c)(1)
Used plural “units”
724.212(b)(8)
264.112(b)(8)
Used singular “a facility;” changed “where
the Regional Administrator as applied
alternative requirements” to “where
alternative requirements are established;”
corrected reference to “724.210(c);” changed
“and/or” to “or;” added “as provided under
35 Ill. Adm. Code 703.161”
724.212(c)(2)(C)
264.112(c)(2)(iii)
Replaced ending comma with a semicolon;
added ending conjunction “or”
724.212(c)(2)(D)
264.112(c)(2)(iv)
Changed “Regional Administrator to apply”
to “establishment of;” added “as provided
under 35 Ill. Adm. Code 703.161;” changed
“and/or” to “or”
724.218(b)(4)
264.118(b)(4)
Used singular “a facility;” changed “Regional
Administrator . . . alternative requirements”
to “alternative requirements are established;”
corrected reference to “724.210(c);” changed
“and/or” to “or;” added “as provided under
35 Ill. Adm. Code 703.161”
724.218(d)(2)(C)
264.118(d)(2)(iii)
Changed ending period to a semicolon; added
ending conjunction “or”
724.218(d)(2)(D)
264.118(d)(2)(iv)
Changed “Regional Administrator to apply”
to “establishment of;” changed “and/or” to
“or”
33
724.240(d)
264.140(d)
Changed “Regional Administrator may . . .”
to “A permit or enforceable document . . . a
regulated unit that;” added “establish
alternative requirements that;” added
“financial assurance;” added “as provided
under 35 Ill. Adm. Code 703.161;” added
“has done the following”
724.240(d)(1)
264.140(d)(1)
Changed “prescribes” to “the Board has
established;” added “established;” changed
“and/or” to “or”
724.240(d)(2)
264.140(d)(2)
Added “the Board;” added “financial
assurance”
724.652(a)
264.552(a)
Changed “and/or” to “or”
724.653(a)
264.553(a)
Deleted unnecessary comma before “as a
temporary unit;” changed owner/operator” to
“owner or operator;” used plural “standards;”
changed “which” to “that”
724.654
264.554
Added “all;” deleted “Environmental
Protection Agency (EPA);” added “Section”
724.654(a)
264.554(a)
Added “which;” changed owner/operator” to
“owner or operator;” corrected “in according
to” to “in accordance with”
724.654(b)
264.554(b)
Changed “I” to “an owner or operator;”
changed “you” to “an owner or operator;”
changed “you follow” to “an owner or
operator follows;” changed “must” to “shall”
(twice)
724.654(c)
264.554(c)
Changed “I” to “an owner or operator;”
changed “you must” to “an owner or
operator shall”
724.654(c)(1)
264.554(c)(1)
Changed “your” to “the facility’s”
724.654(c)(2)
264.554(c)(2)
Changed “you provide” to “an owner or
operator provides”
724.654(d)
264.554(d)
Changed “must” to “shall”
724.654(d)(1)(B)
264.554(d)(1)(ii)
Added conjunction “or”
724.654(d)(1)(D)
264.554(d)(1)(iv)
Changed “I” to “an owner or operator;”
changed “you must” to “an owner or
operator shall” (twice); changed “you place”
to “an owner or operator places;” removed
unnecessary comma before “or for three
years” separating two-element series
724.654(d)(2)
264.554(d)(2)
Changed “must” to “shall”
724.654(d)(2)(A)
264.554(d)(2)(i)
Added definite article “the”
34
724.654(d)(2)(B)
264.554(d)(2)(ii)
Added definite article “the;” changed “you
intend” to “an owner or operator intends”
724.654(d)(2)(C)
264.554(d)(2)(iii)
Added definite article “the”
724.654(d)(2)(D)
264.554(d)(2)(iv)
Added definite article “the”
724.654(d)(2)(E)
264.554(d)(2)(v)
Added definite article “the”
724.654(d)(2)(F)
264.554(d)(2)(vi)
Added definite article “the”
724.654(e)
264.554(e)
Changed “you must” to “an owner or
operator shall”
724.654(e)(1)
264.554(e)(1)
Changed “you have” to “an owner or
operator has;” changed “you” to “it;”
changed “it” to “the waste;” added “the
following is true of the waste”
724.654(e)(1)(B)
264.554(e)(1)(B)
Changed “you have” to “an owner or
operator has”
724.654(e)(2)
264.554(e)(2)
Changed “you manage” to “an owner or
operator manages”
724.654(f)
264.554(f)
Changed “do I” to “does an owner or
operator;” changed “you must” to “an owner
or operator shall”
724.654(f)(1)
264.554(f)(1)
Changed “you must” to “an owner or
operator shall;” changed “you have” to “an
owner or operator has”
724.654(f)(2)
264.554(f)(2)
Added a comma to offset final element of a
series; changed “you must” to “an owner or
operator shall”
724.654(f)(3)
264.554(f)(3)
Changed “you must” to “an owner or
operator shall”
724.654(g)
264.554(g)
Added “federal” (twice)
724.654(h)
264.554(h)
Changed “I” to “an owner or operator;”
changed “you must” to “an owner or
operator shall”
724.654(i)
264.554(i)
Changed “I” to “an owner or operator”
724.654(i)(1)
264.554(i)(1)
Deleted “the Director;” changed “you must”
to “an owner or operator shall;” added “the
following is true of”
724.654(i)(1)(A)
264.554(i)(1)(A)
Added “continued operation”
724.654(i)(1)(B)
264.554(i)(1)(B)
Added “continued operation”
724.654(i)(2)
264.554(i)(2)
Changed “may” to “shall”
724.654(j)(1)
264.554(j)(1)
Changed “you must” to “an owner or
operator shall;” added “of the following”
724.654(j)(2)
264.554(j)(2)
Changed “you must” to “an owner or
operator shall”
724.654(j)(3)
264.554(j)(3)
Changed “must” to “shall”
35
724.654(k)(1)
264.554(k)(1)
Changed “you must” to “an owner or
operator shall;” removed unnecessary
semicolon before “or according to . . .”
separating two-element series
724.654(k)(2)
264.554(k)(2)
Changed “must” to “shall”
724.654(l)(1)
264.554(l)(1)
Added “of the following must occur”
724.654(l)(1)(A)
264.554(l)(1)(i)
Changed “must” to “shall”
724.654(l)(1)(B)
264.554(l)(1)(ii)
Changed “you must” to “an owner or
operator shall”
724.654(l)(2)
264.554(l)(2)
Changed “you must” to “an owner or
operator shall”
724.654(l)(3)
264.554(l)(3)
Changed “you must” to “an owner or
operator shall”
724.654(l)(4)
264.554(l)(4)
Changed “you must” to “an owner or
operator shall”
724.654(m)
264.554(m)
Changed “must” to “shall”
725.190(f)
265.90(f)
Changed “the Regional Administrator may”
to “A permit or enforceable document . . . a
regulated unit that;” added “as provided
under 35 Ill. Adm. Code 703.161;” changed
“Regional Administrator” to “Board or
Agency;” added “the following”
725.190(f)(1)
265.90(f)(1)
Added definite article “the;” used plural
“units”
725.190(f)(2)
265.90(f)(2)
Added “groundwater monitoring”
725.210(c)
265.110(c)
Added “which;” changed “as defined in” to
“established pursuant to”
725.210(d)
265.110(d)
Changed “the Regional Administrator may”
to “A permit or enforceable document . . . a
regulated unit that;” added “closure and post-
closure care;” added “as provided under 35
Ill. Adm. Code 703.161;” changed “Regional
Administrator” to “Board or Agency;” added
“the following”
725.210(d)(1)
265.110(d)(1)
Added definite article “the;” used plural
“units”
725.210(d)(2)
265.110(d)(2)
Changed “and/or” to “and”
725.212(b)(7)
265.112(b)(7)
Replaced ending punctuation from a period
to a semicolon; added conjunction “and”
36
725.212(b)(8)
265.112(b)(8)
Used singular “a facility;” changed “where
the Regional Administrator as applied
alternative requirements” to “where
alternative requirements are established;”
changed “and/or” to “or;” added “as provided
under 35 Ill. Adm. Code 703.161;” removed
an unnecessary comma separating a two-
element series
725.212(c)(1)(C)
265.112(c)(2)(iii)
Replaced ending comma with a semicolon;
added ending conjunction “or”
725.212(c)(1)(D)
265.112(c)(2)(iv)
Changed “Regional Administrator to apply”
to “establishment of;” added “as provided
under 35 Ill. Adm. Code 703.161;” changed
“and/or” to “or”
725.218(c)(4)
265.118(c)(4)
Used singular “a facility”
725.218(c)(5)
265.118(c)(5)
Used singular “a facility;” changed “where
the Regional Administrator as applied
alternative requirements” to “where
alternative requirements are established;”
changed “applied” to “established;”
changed
“and/or” to “or;” added “as provided under
35 Ill. Adm. Code 703.161”
725.218(d)(1)(C)
265.118(d)(1)(iii)
Changed “Regional Administrator to apply”
to “establishment of;” changed “and/or” to
“or”
725.221 Section
heading
265.121
Added “alternative;” added “care”
725.221(a)
265.121(a)
Used singular “an owner or operator . . . is;”
changed “who” to “that;” changed “who” to
“which;” used singular “enforceable
document;” changed “under” to “in;”
changed “must” to “shall”
725.221(a)(2)
265.121(a)(2)
Added ending conjunction “and”
725.221(b)
265.121(b)
Added subsection heading
725.221(b)(1)
265.121(b)(1)
Added subsection heading
725.221(b)(1)(A)
265.121(b)(1)
Changed subsection indent level; changed
“the Regional Administrator, in issuing
enforceable documents” to “in establishing
alternative requirements in an enforceable
document under this Section, the Board;”
added parenthetical “as such . . . provisions
of the Act;” added ending colon
725.221(b)(1)(A)
265.121(b)(1)(i)
Deleted conditional provision
725.221(b)(1)(A)
265.121(b)(1)(iii)
Deleted conditional provision
37
725.221(b)(1)(A)(i)
265.121(b)(1)
Added citation for site-specific rulemaking
725.221(b)(1)(A)(ii)
265.121(b)(1)
Added citation for adjusted standard
725.221(b)(1)(A)(iii)
265.121(b)(1)
Added citation for variance
725.221(b)(1)(A)(iv)
265.121(b)(1)
Added citation for a “cease and desist” order
725.221(b)(1)(B)
265.121(b)(1)(ii)
Added “an appropriate statutory or
regulatory authority;” added citation to “35
Ill. Adm. Code 705.Subparts D and E” for
requirements; added “as follows”
725.221(b)(1)(B)(i)
265.121(b)(1)(i)
Changed “as a regulatory or enforcement
matter” to “under regulations or in an
enforcement action”
725.221(b)(1)(B)(ii)
265.121(b)(1)(ii)
Added “on;” changed “upon” to “
on;”
changed “in particular” to “especially
”
725.221(b)(1)(B)(iii)
265.121(b)(1)(iii)
Added “on;” changed “upon” to “
on;”
changed “in particular” to “especially
”
725.221(b)(1)(C)
265.121(b)(1)
Moved continuing language into a separate
subsection to comport with codification
requirements; changed “these” to definite
article “the;” added “of subsection (b)(1)(B)
of this Section;” added “owner or operator;”
added “either of”
725.221(b)(2)
265.121(b)(2)
Moved adverb “immediately” before verb
“implement;” changed “may” to “shall”
725.221(b)(3)
265.121(b)(3)
Used probable state effective date of
“August 6, 1999” (twice); added “care”
725.240(d)
265.140(d)
Changed “the Regional Administrator may”
to “A permit or enforceable document . . . a
regulated unit that;” moved “permit or in the
enforceable document” and changed it to
“permit or other enforceable document;”
added “establish alternative requirements
that;” added “financial assurance;” added “as
provided under 35 Ill. Adm. Code 703.161;”
added “has done the following;” changed
“Regional Administrator” to “Board or
Agency”
725.240(d)(1)
265.140(d)(1)
Changed “prescribes” to “the Board has
established;” added “established;” changed
“and/or” to “or”
725.240(d)(2)
265.140(d)(2)
Added “the Board;” added “financial
assurance”
38
726.180(a)
266.80(a)
Changed “you generate, collect, transport,
store, or regenerate” to “an owner or
operator generates, collects, transports,
stores, or regenerates;” changed “you” to
“the owner or operator;” changed “your” to
“its”
726.180(a) table
266.80(a) table
Changed “your” to “the;” changed “you” to
“and owner or operator” (three times);
changed “* * *” to ellipses; changed “are” to
“is” (eight times); changed “generate, collect,
and/or transport” to “generates, collects, or
transports;” removed unnecessary comma
from a two-element series (four times);
changed “store” to “stores” (twice); changed
“you” to “the owner or operator” (three
times); changed “reclaim” to “reclaims”
(twice); changed “must” to “shall;” offset
parenthetical “as appropriate” with commas;
changed “don’t” to “does not”
726.180(b)
266.80(b)
Changed “you store” to “an owner or
operator stores;” changed “you reclaim” to
“it reclaims” (twice); changed “you” to “an
owner or operator;” changed “you store” to
“the owner or operator stores;” changed
“your” to “its;” changed “you don’t” to “the
owner or operator does not;” changed “your”
to “the owner’s or operator’s”
726.180(b)(1)
266.80(b)(1)
Used singular “an interim status facility;”
changed “you must” to “an owner or
operator shall;” added “the following
requirements”
726.180(b)(2)
266.80(b)(2)
Added indefinite article “an;” added “the
following requirements”
726.180(b)(2)(A)
266.80(b)(2)(i)
Added definite article “the”
728.109(d)(2)
268.9(d)(2)(i)
Restored language omitted from June 1,
1995, order in docket R95-6; incorporated
text into parent subsection because a single
subsection (d)(2)(A) is not allowed under
Illinois Administrative Code codification
requirements
728.139(c)
268.39(c)
Omitted past effective date
39
728.140(j)
268.40(i)
Corrected conflicting subsection number;
omitted past effective date; used “USEPA
hazardous waste numbers;” referred to
“Table T of this Part;” offset table title with
commas; offset parenthetical “for
nonwastewaters” with commas, deleting
semicolon; removed comma after conjunction
“and;” offset parenthetical “as defined by
. . .” with commas (four times); separated
major elements of a series with semicolons
(three times); added explanatory Board note
728.149(c)(3)(B)
268.49(c)(3)(iii)
Used “methods” in place of “method(s)”
728.Table T “K157”
268.40(a) table
Retained correct spelling of “carbamoyl”
728.Table T “K158”
268.40(a) table
Retained correct spelling of “carbamoyl”
728.Table T footnote
10
268.40(a) table
Referred to “the table in this Section;” offset
parenthetical “for nonwastewaters” with
commas, deleting semicolon; removed
comma after conjunction “and;” offset
parenthetical “as defined by . . .” with
commas (four times); separated major
elements of a series with semicolons (three
times)
TABLE 2
Board Amendments Not Federally-Derived
Section
Revision(s)
702.110
“Administrator”
Removed unnecessary comma
702.110 “elementary
neutralization unit”
Added a comma to offset final element of a series
702.110 “physical
construction”
Added a comma to offset final element of a series
702.110 Board Note
Updated citation to corresponding federal provision; changed indent
level to reflect applicability to the entire Section
702.126(a)(1)(A)
Changed personal pronoun “who” to “that”
702.126(a)(1)(B) Board
Note
Changed “above” to “of this Section” (twice)
702.126(b)
Changed “above” to “of this Section”
702.126(b)(1)
Changed “above” to “of this Section”
702.126(c)
Changed “above” to “of this Section”
702.126(d)(1)
Changed “above” to “of this Section;” changed personal pronoun “who”
to “that” in the certification statement
40
702.126 Board Note
Updated citation to corresponding federal provision; changed indent
level to reflect applicability to the entire Section
703.121(a)
Added comma to offset final element of a series
703.121(b)
Changed “post-closure permit” to “post-closure care permit” (twice);
added comma to offset final element of a series
703.121(c)
Changed “post-closure permit” to “post-closure care permit”
703.121 Board Note
Updated citation to corresponding federal provision; changed indent
level to reflect applicability to the entire Section
703.157
Moved “is made”
703.157(e)
Added a comma to offset final element of a series
703.157 Board Note
Updated citation to corresponding federal provision; changed indent
level to reflect applicability to the entire Section
703.182 Board Note
Corrected Board Note format; updated citation to corresponding federal
provision; changed indent level to reflect applicability to the entire
Section
703.183
Added subsection (r) and renumbered subsections (r) through (u) to (s)
through (v) to maintain structural consistency with the corresponding
federal provision
703.183(b)
Added a comma to offset final element of a series
703.183 Board Note
Updated citation to corresponding federal provision; changed indent
level to reflect applicability to the entire Section
703.Appendix A ¶ A.4.
Added a comma to offset final element of a series
703.Appendix A
¶ A.4.a.
Added a comma to offset final element of a series
703.Appendix A
¶ B.6.b.
Added a comma to offset final element of a series
703.Appendix A
¶ B.6.d.
Added a comma to offset final element of a series
703.Appendix A
¶ C.1.a.
Added a comma to offset final element of a series
703.Appendix A
¶ C.1.b.
Added a comma to offset final element of a series
703.Appendix A ¶ C.5.
Added a comma to offset final element of a series
703.Appendix A
¶ D.1.f.
Added a comma to offset final element of a series
703.Appendix A
¶ D.3.f.
Added a comma to offset final element of a series
703.Appendix A ¶ E.1.
Added a comma to offset final element of a series
703.Appendix A
¶ F.1.a.
Added a comma to offset final element of a series
703.Appendix A
¶ F.1.c.
Added spaces to separate sentences (twice)
703.Appendix A
¶ F.4.a.
Added spaces to separate sentences (twice)
41
703.Appendix A
¶ F.4.b.
Added spaces to separate sentences (twice)
703.Appendix A
¶ G.1.c.
Added a comma to offset final element of a series
703.Appendix A
¶ G.1.d.
Added a comma to offset final element of a series
703.Appendix A
¶ G.1.e.
Added spaces to separate sentences (twice)
703.Appendix A
¶ G.5.c.
Added spaces to separate sentences
703.Appendix A
¶ G.5.d.
Added spaces to separate sentences
703.Appendix A ¶ H.3.
Added a comma to offset final element of a series
703.Appendix A ¶ H.5.
Added a comma to offset final element of a series
703.Appendix A
¶ H.5.c.
Added spaces to separate sentences
703.Appendix A
¶ H.5.d.
Added spaces to separate sentences
703.Appendix A ¶ I.
Added spaces to separate sentences (twice)
703.Appendix A ¶ J.3.
Added a comma to offset final element of a series
703.Appendix A ¶ J.4.
Added a comma to offset final element of a series
703.Appendix A ¶ J.6.a.
Added a comma to offset final element of a series
703.Appendix A ¶ J.6.b.
Added a comma to offset final element of a series
703.Appendix A ¶ J.6.c.
Added spaces to separate sentences
703.Appendix A ¶ J.6.d.
Added spaces to separate sentences
703.Appendix A
¶ K.13.
Added a comma to offset final element of a series
703.Appendix A ¶ L.1.
Added a comma to offset final element of a series; added spaces to
separate sentences
703.Appendix A ¶ L.2.
Added a comma to offset final element of a series; added spaces to
separate sentences
703.Appendix A ¶ L.3.
Added a comma to offset final element of a series (three times); added
spaces to separate sentences
703.Appendix A ¶ L.4.
Added a comma to offset final element of a series; added missing spaces
between sentences
703.Appendix A
¶ L.5.a.
Added a comma to offset final element of a series; added spaces to
separate sentences
703.Appendix A ¶ L.8.
Corrected “nonhazardous” to “non-hazardous”
703.Appendix A Board
Note
Updated the Code of Federal Regulations and
Federal Register
citation
720.110 “active
portion”
Added a comma to offset final element of a series
720.110 “ancillary
equipment”
Added a comma to offset final element of a series
42
720.110 “aquifer”
Added a comma to offset final element of a series
720.110 “authorized
representative”
Added a comma to offset final element of a series
720.110 “aquifer”
Added a comma to offset final element of a series
720.110 “boiler”
Added a comma to offset final element of a series
720.110 “container”
Added a comma to offset final element of a series
720.110 “contingency
plan”
Added a comma to offset final element of a series
720.110 “corrective
action management
unit”
Added “or ‘CAMU’”
720.110 “designated
facility”
Added a comma to offset final element of a series
720.110 “dike”
Added a comma to offset final element of a series
720.110 “discharge”
Added a comma to offset final element of a series
720.110 “disposal”
Added a comma to offset final element of a series
720.110 “elementary
neutralization unit”
Added a comma to offset final element of a series
720.110 “EPA
identification number”
Added a comma to offset final element of a series
720.110 “federal, state,
and local approvals or
permits necessary to
begin physical
construction”
Added a comma to offset final element of a series
720.110 “hazardous
waste management
unit”
Added a comma to offset final element of a series
720.110 “incinerator”
Added a comma to offset final element of a series
720.110 “incompatible
waste”
Added a comma to offset final element of a series
720.110 “in operation”
Added a comma to offset final element of a series
720.110 “liner”
Added a comma to offset final element of a series (twice)
720.110 “miscellaneous
unit”
Changed “which” to “that;” added a comma to offset final element of a
series (twice); changed commas to semicolons for a super-series (ten
times); added a semicolon to offset the final element of a series
720.110 “owner”
Changed “who” to “that”
720.110 “point source”
Added a comma to offset final element of a series
720.110 “qualified
groundwater scientist”
Added a comma to offset final element of a series
720.110 “replacement
unit”
Added a comma to offset final element of a series (twice)
720.110 “runoff”
Added a comma to offset final element of a series
720.110 “runon”
Added a comma to offset final element of a series
43
720.110 “sludge”
Added a comma to offset final element of a series (three times)
720.110 “storage”
Added a comma to offset final element of a series
720.110 “sump”
Moved definition into alphabetical order within the Section; added a
comma to offset final element of a series
720.110 “surface
impoundment”
Added a comma to offset final element of a series (twice)
720.110 “thermal
treatment”
Added a comma to offset final element of a series
720.110
“transportation”
Added a comma to offset final element of a series
720.110 “transporter”
Added a comma to offset final element of a series
720.110 “treatment”
Added a comma to offset final element of a series (four times)
720.110 “treatment
zone”
Added a comma to offset final element of a series
720.110 “underground
injection”
Added a comma to offset final element of a series
720.111(b)
Updated edition of the Code of Federal Regulations incorporated by
reference; added incorporations of 40 C.F.R. 232.2 and 40 C.F.R. 270.5
721.104(a)(8)(B)
Added a comma to offset final element of a series
721.104(a)(12)(A)
Separated from preceding subsection (a)(12) by adding hard returns
721.104(a)(14)(B)
Added a comma to offset final element of a series
721.104(a)(16)(C)
Added a comma to offset final element of a series
721.104(a)(18)(B)
Corrected subsection number format by adding parenthesis mark
721.104(f)(4)
Corrected “nonhazardous” to “non-hazardous”
724 table of contents
Added a comma to offset final element of a series in the heading for
Section 724.101; added “care” to heading for Subpart G; changed “post
closure” to capitalized “post-closure care” in heading for Section
724.218
724.101 Section
heading
Added a comma to offset final element of a series
724.101(g)(8)(D)
Changed “who” to “that”
724.173(b)(8)
Changed “post-closure” to “post-closure care”
724.190(a)(2)
Added a comma to offset final element of a series
724.190(b)(2)(C)
Added a comma to offset final element of a series
724.190(c)(4)
Added a comma to offset final element of a series
724.201(a)
Added a comma to offset final element of a series; corrected “correction”
to “corrective”
724.201(c)
Changed “must” to “shall”
724.Subpart G heading
Added “care”
724.212(b)(3)
Added a comma to offset final element of a series
724.212(b)(4)
Added a comma to offset final element of a series (twice)
724.212(c)
Added a comma to offset final element of a series
724.212(c)(2)(A)
Deleted unnecessary conjunction “or”
44
724.212(c)(2)(B)
Deleted unnecessary conjunction “or;” replaced ending comma with a
semicolon
724.218 Section
heading
Changed “post closure” to “post-closure care”
724.218(a)
Added “care” (five times)
724.218(b)
Added “care”
724.218(b)(1)
Added a comma to offset final element of a series
724.218(b)(2)(A)
Added a comma to offset final element of a series
724.218(b)(2)(B)
Added a comma to offset final element of a series; replaced ending
semicolon with a period; removed unnecessary ending conjunction “and”
724.218(b)(3)
Added a comma to offset final element of a series; added “care”
724.218(c)
Added “care” (three times)
724.218(d)
Added “care” (twice)
724.218(d)(1)
Added “care”
724.218(d)(2)
Added “care;” added “whenever any of the following occurs” and ending
colon
724.218(d)(2)(A)
Added “care;” removed unnecessary ending conjunction “or”
724.218(d)(2)(C)
Added “care;” removed unnecessary ending conjunction “or”
724.218(d)(3)
Added “care” (four times); added a comma to offset final element of a
series
724.218(d)(4)
Added “care”
724.652(a)
Corrected “720.10” to “720.110”
724.652(e)(4)
Added “care”
724.652(e)(4)(D)
Added “care;” added a comma to offset final element of a series
724.652 Board note
Deleted unnecessary cross-reference to corresponding federal provision;
changed “U.S. EPA” to “USEPA” (three times)
724.653 Board note
Deleted unnecessary cross-reference to corresponding federal provision;
changed “U.S. EPA” to “USEPA” (three times)
725 table of contents
Added a comma to offset final element of a series in the heading for
Section 725.101; added “care” to heading for Subpart G; changed “post
closure” to capitalized “post-closure care” in heading for Section
725.218
725.101 Section
heading
Added a comma to offset final element of a series
725.101(a)
Added “care” (twice)
725.101(b)
Added “care”
725.101(b)(1)(A)
Added a comma to offset final element of a series
725.101(c)(3)
Added a comma to offset final element of a series
725.101(c)(10)
Changed “must” to “shall”
725.101(c)(11)(B)
Changed “must” to “shall”
725.101(c)(11)(D)
Changed “who” to “that”
725.101(d)
Added a comma to offset final element of a series
725.190(a)
Added a comma to offset final element of a series; changed “must” to
“shall”
45
725.190(b)
Changed “must” to “shall” (twice); added a comma to offset final
element of a series
725.190(c)(1)(A)
Added a comma to offset final element of a series
725.190(c)(1)(B)
Added a comma to offset final element of a series
725.190(c)(2)(A)
Added a comma to offset final element of a series
725.190(d)
Added a comma to offset final element of a series; changed “he must” to
“it shall”
724.212(a)
Changed to lower case “plan;” added a comma to offset final element of
a series
725.212(b)(1)
Deleted unnecessary conjunction “and”
725.212(b)(2)
Deleted unnecessary conjunction “and”
725.212(b)(3)
Added a comma to offset final element of a series; deleted unnecessary
conjunction “and”
725.212(b)(4)
Added a comma to offset final element of a series (twice); deleted
unnecessary conjunction “and”
725.212(b)(5)
Deleted unnecessary conjunction “and”
725.212(b)(6)
Deleted unnecessary conjunction “and”
725.212(b)(4)
Deleted unnecessary conjunction “and”
725.212(c)(1)(A)
Replaced ending comma with a semicolon; deleted unnecessary ending
conjunction “or”
725.212(c)(1)(B)
Replaced ending comma with a semicolon; deleted unnecessary ending
conjunction “or”
725.212(c)(2)
Changed “who” to “that”
725.212(c)(3)
Changed “who” to “that;” corrected “702.280” to “703.280;” removed
comma from cross-reference and changed “below” to “of this Section”
725.212(c)(4)
Removed comma from cross-reference and changed “below” to “of this
Section;” changed “who” to “that;” corrected “702.280” to “703.280;”
removed comma from cross-reference and changed “below” to “of this
Section”
725.212(d)(1)(A)
Added a comma to offset final element of a series
725.212(d)(1)(C)
Added a comma to offset final element of a series
725.212(d)(1)(D)
Added a comma to offset final element of a series
725.212(d)(1)(F)
Added a comma to offset final element of a series
725.212(d)(4)
Added a comma to offset final element of a series
725.218 Section
heading
Changed “post closure” to “post-closure care”
725.218(a)
Added “care” (twice)
725.218(b)
Added “care” (four times); added a comma to offset final element of a
series
725.218(c)
Added “care”
725.218(c)(1)
Added a comma to offset final element of a series; added “care”
725.218(c)(2)(A)
Added a comma to offset final element of a series
725.218(c)(2)(B)
Added a comma to offset final element of a series; replaced ending
semicolon with a period; removed unnecessary ending conjunction “and”
46
725.218(c)(3)
Added a comma to offset final element of a series
725.218(d)
Added “care” (three times)
725.218(d)(1)
Added “care”
725.218(d)(1)(A)
Added “care”
725.218(d)(1)(B)
Added “care”
725.218(d)(2)
Added “care” (twice)
725.218(d)(3)
Added “care” (four times); changed “who” to “that”
725.218(d)(4)
Deleted “above” from and added “of this Section” to cross-reference;
added “care” (twice); changed “who” to “that”
725.218(e)
Added “care”
725.218(f)(1)
Added “care” (four times)
725.218(g)
Added “care” (twice)
725.218(g)(1)(A)(i)
Added “care;” added a comma to offset final element of a series
725.218(g)(1)(B)(i)
Added “care”
725.218(g)(2)
Added “care”
725.218(g)(2)(B)
Added “care”
725.240(b)(3)
Changed ending punctuation from a period to a comma
726.180(b)(1)(A)
Added definite article “the;” added abbreviation “RCRA” in parentheses
726.180(b)(1)(G)
Added a comma to offset final element of a series
726.200(a)
Deleted “below” from and added “of this Section” to cross-reference
726.200(b)(4)
Changed “U.S. EPA” to “USEPA”
726.200(c)
Added a comma to offset final element of a series
726.200(c)(1)
Deleted “below” from and added “of this Section” to cross-reference
726.200(c)(1)(A)(ii)
Deleted “below” from and added “of this Section” to cross-reference
726.200(c)(1)(C)
Changed “nonhazardous” to “non-hazardous”
726.200(c)(2)(A)
Deleted “above” from and added “of this Section” to cross-reference
726.200(c)(2)(B)
Deleted “above” from and added “of this Section” to cross-reference
726.200(c)(3)
Changed “must” to “shall;” deleted “above” from and added “of this
Section” to cross-reference (twice)
726.200(c)(3)(A)
Changed cross-reference format to “Appendices K, L, and M of this
Part;” deleted “above” from and added “of this Section” to cross-
reference
726.200(c)(3)(A)(i)
Changed cross-reference format to “Appendix K of this Part;” changed
cross-reference format to “Appendix L of this Part;” changed cross-
reference format to “Appendix M of this Part”
726.200(c)(3)(A)(iv)
Deleted “above” from and added “of this Section” to cross-reference
(three times)
726.200(c)(3)(B)
Changed cross-reference format to “Appendix K of this Part;” changed
cross-reference format to “Appendix L of this Part;” changed cross-
reference format to “Appendix M of this Part”
726.200(c)(3)(B)(iii)
Changed cross-reference format to “Appendix D or E of this Part”
726.200(f)
Corrected spelling of “regulated”
726.200(g) “RAC”
Changed cross-reference format to “Appendix D of this Part”
47
726.200(g) “RSD”
Changed cross-reference format to “Appendix E of this Part”
726.200(g) “toxicity
equivalence”
Changed cross-reference format to “Appendix I of this Part”
728 Table of contents
Corrected heading for Section 728.139 to agree with the federal text
728.102 “halogenated
organic compounds”
Changed cross-reference format to “Appendix C of this Part”
728.102 “inorganic
metal-bearing waste”
Changed cross-reference format to “Appendix K of this Part”
728.102 “land disposal”
Added “‘land disposal’;” removed comma from two-element series;
added comma to offset final element of a series
728.102 “USEPA”
Moved the alternative defined term “‘U.S. EPA’”
728.109(d)(2)
Removed unnecessary opening parenthesis mark
728.139
Corrected the Section heading to agree with the federal text
728.139(c)
Deleted past effective date
728.139(e)
Replaced expired provision with explanatory language
728.139(g)
Changed “must” to “shall”
728.140(e)
Changed “nonhazardous” to “non-hazardous”
728.150(a)(1)
Added a comma to offset final element of a series (twice); changed
“who” to “that;” changed “who” to “which;” changed “must” to “shall”
728.150(a)(2)
Added a comma to offset final element of a series (three times);
corrected spelling of “containment”
728.150(a)(3)
Added ending period
728.150(b)
Added a comma to offset final element of a series (twice)
728.150(c)
Added a comma to offset final element of a series (twice)
728.150(f)
Deleted “above” from and added “of this Section” to cross-reference
728.Table T “F027”
Corrected spelling of “containing”
728.Table T “F037”
Added a comma to offset the final element of a series (twice); corrected
spelling of aggressive (twice)
728.Table T “F038”
Added a comma to offset the final element of a series (twice); corrected
spelling of aggressive (twice)
728.Table T “K156”
Deleted parenthetical statement not present in the federal text
728.Table T “K157”
Deleted parenthetical statement not present in the federal text
728.Table T “K158”
Deleted parenthetical statement not present in the federal text
728.Table T footnote 8
Changed “nonhazardous” to “non-hazardous”
728.Table T footnote 9
Changed “nonhazardous” to “non-hazardous”
728.Table T Board note
Updated reference to Code of Federal Regulations and
Federal Register
citations
728.Table U footnote 6
Changed footnote to reflect that USEPA removed it
728.Table U Board note
Updated reference to Code of Federal Regulations and
Federal Register
citations
TABLE 3
48
Revisions to the Text of the Proposed Amendments in Final Adoption
Section Revised
Source(s) of
Revision(s)
Revision(s)
702. table of contents
Board
Added “in R99-15”
702.110 “appropriate act and
regulations”
Board, JCAR
Changed semicolons to commas (three times);
added definite article “the”
702.110 “approved program
or approved state”
JCAR
used lower case “state” (twice)
702.110 “CWA”
JCAR
Changed “U.S.C.” to “USC”
702.110 “existing hazardous
waste management facility”
JCAR
used lower case “federal;” moved restrictive
relative clause “that cannot . . . loss,” removed em
dashes offsetting clause, added “and which are” to
complete second restrictive relative clause
702.110 “federal, state, and
local approvals or permits
necessary to begin physical
construction”
JCAR
used lower case “federal”
702.110 “final authorization”
JCAR
used lower case “section”
702.110 “interim
authorization”
JCAR
used lower case “section”
702.110 “new injection well”
JCAR, Board
Changed “the UIC program . . . is approved” to
“March 3, 1984 . . . State of Illinois;” added Board
note citing federal rule and Federal Register notice
authorizing the Illinois UIC program
702.110 “on-site”
JCAR
Added comma after “person” to complete
parenthetical
702.110 “RCRA”
JCAR
Changed “U.S.C.” to “USC”
702.110 “SDWA”
JCAR
Changed “U.S.C.” to “USC”
702.110 “state/USEPA
agreement”
JCAR
Changed “EPA” to “USEPA;” added comma after
“programs” to offset parenthetical
702.110 “storage”
JCAR
Changed “disposed” to “disposed of”
702.110 “transfer facility”
JCAR
Added comma after “facility” to offset
parenthetical
702.110 “treatment”
JCAR
Deleted unnecessary comma after “non-hazardous”
702.110 “underground source
of drinking water”
JCAR, Board
Moved and modified the “exempted aquifer”
language, added “it” to create independent clauses
(four times), and restructured for enhanced clarity
702.126(a)(1)
JCAR, Board
Replaced semicolon with a colon; added “either of
the following persons”
702.126(a)(1)(B)
JCAR, Board
Capitalized definite article “the;” changed ending
punctuation to a semicolon
702.126(d)(1)
JCAR
Corrected to singular “subsection (a) or (b)”
703. table of contents
Board
Added “in R99-15”
49
703.121(a)(2)
JCAR
Changed ending punctuation to a period
703.121(b)
JCAR,
Board,
Agency
Added comma before “as provided . . .” to offset
parenthetical; added “enforceable documents
containing”
703.157(a)
JCAR
Removed unnecessary comma after the word
“Part”
703.157(d)
JCAR
Added a comma before the word “unless” to offset
parenthetical
703.157(e)
JCAR
Moved ending period to follow parenthetical
cross-reference
703.157(f)
JCAR
Deleted words “interim status terminates”
703.157(g)
JCAR
Deleted words “interim status terminates”
703.161(a)
Board,
Agency
Subdivided proposed Section, designating former
text as subsection (a); added “an enforceable
document containing;” changed “comply with” to
“imposes;” added “enforceable document
containing;” added “or ‘other enforceable
document;’ ’’ added parenthetical “
as used in this
Part and in 35 Ill. Adm. Code 724 and 725;”
moved “or an Agency-approved plan;” added “
an
order of a court of competent jurisdiction;”; added
“and which meets the requirements of subsection
(b) of this Section”; added “An enforceable
document containing alterntive requirements . . .
(such as . . . 42 USC 9606);” deleted “725.Subpart
E”
703.161(b)
Board
Added subsection (b)
703.Subpart C heading
JCAR
Added Subpart heading
703.183(g) Board note
JCAR, Board
Changed “which would correspond with . . .” to
“corresponding with . . .”
703.183(h)(6)
JCAR
Changed ending punctuation to a semicolon
703.183(t)
JCAR
Removed ending conjunction “and”
703.183(u)
Board
Added ending conjunction “and”
703.214
JCAR,
Agency,
Board
Changed to singular “Section;” changed
“alternative requirements” to “an alternative
authority is used in lieu of a post-closure permit”
703.300
Board
Changed “this Subpart H of this Part” to “this
Subpart H”
703.301(a)(2)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
703.301(a)(4)(A)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
703.301(a)(4)(B)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
50
703.301(b)(1)
JCAR, Board
Changed “either obtain” to “obtain either of the
following”
703.301(b)(1)(B)
JCAR,
Agency
Changed “this Subpart H of this Part” to “this
Subpart H”
703.301(b)(2)
JCAR,
Agency
Changed “this Subpart H of this Part” to “this
Subpart H”
703.301(b)(3)
JCAR,
Agency,
Board
Changed “this Subpart H of this Part” to “this
Subpart H;” moved the adverb “however” to
beginning of the sentence; changed semicolon to a
period to split a runon sentence; added conjunction
“or” before the word “terminated” (twice); added
a comma before the word “according” to offset
parenthetical (four times); changed commas to
semicolons to separate elements of a series
containing commas (twice); added “it will be”
(twice); changed “and” to “or;” added “the permit
will”
703.302(a)
JCAR,
Agency
Changed “this Subpart H of this Part” to “this
Subpart H”
703.302(c)
JCAR
Deleted “Sec.;” added “35” (twice)
703.302(d)(5)(C)
JCAR
Changed “disposed” to “disposed of”
703.302(d)(6)(C)
JCAR, Board
Added comma before the word “including” to
offset a parenthetical; added a comma to offset the
final element of a series; changed “LDR standards”
to “land disposal restrictions”
703.302(d)(9)
JCAR,
Agency
Changed “this Subpart H of this Part” to “this
Subpart H;” deleted “adequately”
703.302(e)
JCAR,
Agency
Changed “this Subpart H of this Part” to “this
Subpart H;” changed “an owner or operator” to
“the owner or operator;” added comma before “as
provided . . .” to offset parenthetical; added space
after “120.201”
703.303(a)(1)
JCAR,
Agency
Changed “this Subpart H of this Part” to “this
Subpart H”
703.303(a)(2)
JCAR
Changed “Subpart H of this Part” to “this Subpart
H”
703.303(b)(2)(D)
Agency
Deleted “adequately”
703.303(d)(3)(D)
JCAR
Added a comma to offset the final element of a
series
703.303(d)(3)(E)
JCAR
Used capitalized “Section”
703.303(d)(3)(F)
JCAR
Added a comma to offset the final element of a
series
703.303(d)(3)(I)
JCAR
Used capitalized “Agency”
51
703.303(d)(4)(B)
JCAR
Added a comma to offset the final element of a
series
703.303(e)(2)
JCAR
Changed “Section 703.303(b)” to “subsection (b)
of this Section”
703.303(e)(3)
JCAR
Changed “Section 703.303(b)” to “subsection (b)
of this Section”
703.303(e)(4)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
703.303(e)(5)
JCAR
Changed “Section 703.303(f)” to “subsection (f)
of this Section”
703.303(e)(6)
JCAR
Changed “Section 703.303(c)(2)” to “subsection
(c)(2) of this Section”
703.303(f)(1)
JCAR
Offset lengthy disjunctive clause “or any
participant . . . draft RAP” with commas; changed
“Section 703.303(d)” to “subsection (d) of this
Section”
703.303(f)(1)(C)
JCAR
Changed “Section 703.303(d)(3)” to “subsection
(d)(3) of this Section”
703.303(g)
JCAR
Added a comma before the word “unless” to offset
a parenthetical
703.303(g)(2)
JCAR
Changed “Section 703.303(f)” to “subsection (f)
of this Section;” changed “Section 703.303(f)” to
“subsection (f)”
703.304(a)
JCAR, Board
Changed “future modifications, revocations and
reissuance, or terminations of the RAP” to “any
future modification, revocation and reissuance, or
termination of the RAP”
703.304(b)(2)
JCAR
Used capitalized “Section”
703.304(c)(1)
JCAR
Changed “Section 703.304(b)(1)(E) through
(b)(1)(H)” to “subsections (b)(1)(E) through
(b)(1)(H) of this Section”
703.304(d)
JCAR
Removed unnecessary comma after “initiative”
separating a two-element series; changed “Section
703.304(b)(1)(E) through (b)(1)(G)” to
“subsections (b)(1)(E) through (b)(1)(G) of this
Section”
703.304(e)(1)
JCAR
Offset lengthy disjunctive clause “or any person
. . . these actions” with commas
703.304(e)(2)
JCAR
Offset lengthy disjunctive clause “or any person
. . . these actions” with commas
703.304(e)(3)(C)
JCAR
Changed “letter” to “petition”
703.304(g)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
52
703.304(h)
JCAR
Changed “owner’s or operator’s” to “owner or
operator”
703.305 Section heading
JCAR
Changed “an RAP” to “a RAP”
703.305(b)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
703.305(b)(4)
JCAR
Added closing parenthesis mark
703.305(c)(2)
JCAR, Board
Changed “of” to “after;” added the word “former”
703.306(c)
JCAR
Changed “this Subpart H of this Part” to “this
Subpart H”
703.306(d)(4)
JCAR
Corrected “Section 7903.183(k)” to “Section
703.183(k);” changed ending punctuation to a
period
703.Appendix A ¶ G.5.b.
JCAR
Changed “management practices, tank design” to
“management practices or tank design;” added a
comma before the final element of a series
703.Appendix A ¶ H.6.
JCAR
Added a comma before the final element of a series
703.Appendix A ¶ J.3.
Board
Corrected “run-off” to “runoff”
703.Appendix A ¶ J.4.
Board
Corrected “run-off” to “runoff”
703.Appendix A ¶ J.7.
JCAR
Added a comma before the final element of a series
703.Appendix A ¶ K.2.
Board
Corrected “run-on” to “
runon”
703.Appendix A ¶ K.3.
Board
Corrected “run-off” to “runoff”
703.Appendix A ¶ K.10.
JCAR, Board
Changed “resulting” to “that result;” added the
conjunction “or;” added preposition “which” to
complete subsequent restrictive relative clause
703.Appendix A ¶ K.11.
JCAR, Board
Added the conjunction “or;” deleted an
unnecessary comma separating a two-element
series; changed “that” to “which” for a subsequent
restrictive relative clause
703.Appendix A ¶ L.3.
JCAR, Board
Changed commas to semicolons to separate
elements of a series containing a sub-series (twice);
added a semicolon to separate the last element of
the series
703.Appendix A ¶ L.5.a.
Board
Added missing space before the word “oxygen”
703.Appendix A ¶ L.9.
JCAR
Changed “35 Ill. Adm. Code 703.280(j)” to
“Section 703.280(j)”
720. table of contents
JCAR
Added “in R99-15”
720.110 “Act”
JCAR
Changed “U.S.C.” to “USC”
720.110 “ancillary
equipment”
JCAR
Added a comma after the word “device” to offset a
parenthetical; added a comma to separate the final
element of a series
720.110 “boiler”
JCAR
Deleted an unnecessary comma separating a two-
element series
720.110 “drip pad”
Board
Corrected “run-on” to “
runon”
53
720.110 “EPA identification
number”
JCAR, Board
Changed a comma to a semicolon, added a
semicolon to separate the elements of a series
containing a sub-series
720.110 “EPA region”
JCAR
Added a comma to separate the final element of a
series (ten times)
720.110 “existing hazardous
waste facility”
JCAR
Replaced em-dashes with commas (twice)
720.110 “existing tank
system”
JCAR, Board
Changed “that” to “which” for subsequent
restrictive relative clause; removed unnecessary
comma separating a two-element series; used
capitalized “State;” added “of the following is
true;” added colon; replaced em-dashes with
commas (twice)
720.110 “explosives of
munitions emergency
response”
Board
Changed “and/or” to “or”
720.110 “explosives of
munitions emergency
response specialist”
JCAR
Used capitalized “State”
720.110 “federal agency”
JCAR
Added a comma to separate the final element of a
series; added a comma before the word “including”
to offset a parenthetical
720.110 “food chain crops”
JCAR
Added a comma to separate the final element of a
series
720.110 “hazardous waste
management unit”
JCAR
Added a comma to separate the final element of a
series
720.110 “industrial furnace”
JCAR, Board
Added a comma to separate the final element of a
series (twice)
720.110 “management”
JCAR
Added a comma to separate the final element of a
series
720.110 “miscellaneous unit”
JCAR
Changed a comma to a semicolon to separate the
elements of a series containing a subseries (twice)
720.110 “partial closure”
JCAR
Added a comma to separate the final element of a
series
720.110 “person”
JCAR
Added a comma to separate the final element of a
series
720.110 “pesticide” & Board
note
JCAR
Used lower case “section” (four times); changed
“U.S.C.” to “USC” (three times); deleted section
symbol “§” (three times); added comma after
“720.111” to offset a parenthetical
720.110 “point source”
JCAR
Added a comma to separate the final element of a
series; added a comma before the word “including”
to offset a parenthetical
54
720.110 “qualified
groundwater scientist” &
Board note
JCAR
Corrected the spelling of the word “rate;”
corrected the reference to “35 Ill. Adm. Code
325;” changed “ground water” to “groundwater”
720.110 “regional
administrator”
JCAR
changed “EPA” to “USEPA”
720.110 “state”
JCAR
Added a comma to separate the final element of a
series
720.110 “sump”
JCAR
Added a comma to separate the final element of a
series
720.110 “surface
impoundment”
JCAR
Added a comma to separate the final element of a
series
720.110 “tank”
Board, JCAR
Changed “that” to “which”
720.110 “thermal treatment”
JCAR
Added a comma to separate the final element of a
series
720.110 “transfer facility”
JCAR
Added a comma before the word “including” to
offset a parenthetical; added a comma to separate
the final element of a series
720.110 “treatability study”
JCAR
Removed an unnecessary conjunction “or” and
comma; added a comma to separate the final
element of a series
720.110 “treatment”
JCAR, Board
Removed an unnecessary conjunction “or;” added
a comma to separate the final element of a series
720.110 “underground
injection”
JCAR, Board
Removed an unnecessary semicolon separating a
two-element series
720.110 “unfit-for-use tank
system”
JCAR
Added commas before and after “through . . .
inspection” to offset a parenthetical
720.110 “United States”
JCAR
Added a comma to separate the final element of a
series
720.111(a) “NTIS” “generic
quality . . .”
JCAR
Removed period at end of text, moved period form
within to outside closing parenthesis to include
parenthetical within sentence
720.111(a) “NTIS” “Methods
of Chemical . . .”
JCAR
Removed period at end of text to include
parenthetical within sentence
720.111(a) “NTIS” “Methods
Manual for Compliance . . .”
JCAR
Removed period at end of text to include
parenthetical within sentence
720.111(a) “Petitions to
Delist . . .”
JCAR
Removed period at end of text to include
parenthetical within sentence
720.111(b) “40 CFR 302.4,
. . .”
JCAR
Added a comma to separate the final element of a
series
720.111(c)
JCAR, Board
Replaced ampersand with a comma and the
conjunction “and”
721. table of contents
Board
Added “in R99-15”
721.102(c)(3)
Board
Added May 11, 1999, federal amendments
721.102(e)(1)(C)
Board
Added May 11, 1999, federal amendments
55
721.104(a)(4)
JCAR
Changed “U.S.C.” to “USC”
721.104(a)(16)
Board
Added May 11, 1999, federal amendments
721.104(a)(17)
Board
Added May 11, 1999, federal amendments
721.104(a)(17)(D)(ii)
Board
Corrected “run on/run-off” to “
runon and runoff”
721.104(a)(17)(E)
Board
Added May 11, 1999, federal amendments
721.104(b)(7)(C)
Board
Added May 11, 1999, federal amendments
721.104(b)(7)(C)(i)
Board
Added May 11, 1999, federal amendments
721.104(b)(15)
JCAR, Board
Changed “disposed” to “disposed of;” changed
“provided that” to “under certain circumstances;”
added colon; moved text to new subsection
(b)(15)(A)
721.104(b)(15)(A)
JCAR, Board
Moved text into text into a new subsection;
changed “are” to “must be”
721.104(b)(15)(A)(i)
JCAR, Board
Changed subsection level; changed “disposed” to
“disposed of”
721.104(b)(15)(A)(ii)
JCAR, Board
Changed subsection level; changed “disposed” to
“disposed of”
721.104(b)(15)(A)(iii)
JCAR, Board
Changed subsection level; corrected “do” to
“does;” corrected “are” to “is”
721.104(b)(15)(A)(iv)
JCAR, Board
Changed subsection level; corrected singular
“section”
721.104(b)(15)(B)
JCAR, Board
Changed subsection number; changed “this
subsection (b)(15) of this Section” to “this
subsection (b)(15)”
721.104(g)
JCAR
Added word “section” before “404;” changed
“U.S.C.” to “USC”
721.104(g) “dredged
material”
JCAR
Changed “same meaning as defined in . . .” to
“same meaning as in . . .;” changed ending
punctuation to a period
721.104(g) “permit” ¶ 3
JCAR
Changed “Section” to “definition”
721.Appendix Z
Board
Added May 11, 1999, federal amendment
724. table of contents
Board
Added “in R99-15”
724.101(c)
JCAR
Changed “U.S.C.” to “USC”
724.101(g)(8)(B)
JCAR
Changed “724.Subparts C and D” to “Subparts C
and D of this Part”
724.101(g)(8)(D)
JCAR,
Agency
Changed to capitalized “State;” deleted
“adequately”
724.101(j)(2)
JCAR
Changed “which” to “that”
724.101(j)(7)
JCAR
Changed “demonstration” to “requirements”
724.101(j)(10)
JCAR
Added a comma after the word “from” to offset
parenthetical; added “occurs;” changed “which” to
“that”
724.173(b)(15)
JCAR
Removed ending conjunction “and”
56
724.173(b)(16)
JCAR
Changed ending punctuation to a semicolon; added
ending conjunction “and”
724.190(b)(1)
JCAR
Deleted comma after ending conjunction “or”
724.190(b)(2)(C)
Board
Corrected “run-on” to “
runon;” corrected “run-
off” to “runoff”
724.190(b)(2)(F)
JCAR
Changed ending punctuation to a period; deleted
ending conjunction “and”
724.190(b)(2)(G)
JCAR
Changed ending punctuation to a semicolon; added
ending conjunction “and”
724.190(b)(4)
JCAR
Changed ending punctuation to a semicolon; added
ending conjunction “and”
724.190(c)
JCAR,
Agency,
Board
Added “following is true of the applicability of
the;” changed “Board order or Agency permit
establishing” to “enforceable document
containing” as in the federal original; changed
ending punctuation to a colon
724.190(e)
Agency,
Board
Added “or other enforceable document;” added
sentence in the federal original relating to “when
the Agency . . . enforceable document;” removed
sentence “No alternative requirements . . . facility
permit;” removed explanatory Board note
724.190(f)
Board,
Agency
Changed “the Board will . . . other enforceable
document alternative requirements” to “A permit
or enforceable document can contain . . .;” deleted
“adequately”
724.201(a)
Agency
Changed “correction” to “corrective;” deleted
“adequately”
724.201(c)
Agency
Deleted “adequately”
724.210(b)(2)
JCAR
Changed “these Sections” to “Sections 724.216
through 724.220”
724.210(b)(4)
JCAR
Changed ending punctuation to a semicolon; added
ending conjunction “and”
724.210(c)
JCAR
Changed “The Board will . . . alternative
requirements that” to “A permit or enforceable
document can contain . . .;” added language
appearing in the federal original “with alternative
requirements . . . enforceable document”
724.210(c)(2)
Agency
Deleted “adequately”
724.212(b)(1)
JCAR
Added ending conjunction “and”
724.212(b)(5)
Board
Corrected “run-on” to “
runon;” corrected “run-
off” to “runoff”
724.212(b)(6)
JCAR
Removed period after the word “closure;” added
ending semicolon and conjunction “and”
57
724.212(b)(7)
JCAR
Changed ending punctuation to a semicolon; added
ending conjunction “and”
724.212(b)(8)
Board,
Agency
Changed to singular “a facility;” removed “
by the
Board or Agency;” corrected reference to
“724.210(c);” changed “Board order or Agency
permit establishing” to “enforceable document
containing” as in the federal original
724.212(c)(2)(D)
JCAR,
Agency,
Board
Changed to singular “Section;” changed “Board or
Agency to establish” to “establishment of”
724.212(c)(3)
JCAR
Changed to singular “Section”
724.212(d)(2)(A)
JCAR
Changed ending punctuation to a semicolon; used
lower case “or;” deleted ending comma after the
conjunction
724.212(d)(3)
JCAR, Board
Removed unnecessary comma after the word
“ordered”
724.218(a)
JCAR
Changed to singular “Section”
724.218(b)(1)
JCAR
Changed ending punctuation to a period
724.218(b)(4)
Board,
Agency
Changed “the Board . . . alternative requirements”
to “alternative requirements are established;”
corrected reference to “724.210(c);” changed
“Board order or Agency permit establishing” to
“enforceable document containing” as in the
federal original
724.218(d)(2)(C)
JCAR
Changed “which” to “that”
724.218(d)(2)(D)
JCAR
Changed to singular “Section;” changed “Board or
Agency to establish” to “establishment of”
724.218(d)(3)
JCAR
Changed to singular “Section”
724.218(d)(4)
JCAR
Added a comma to separate the final element of a
series
724.240(a)
JCAR
Added a comma to separate the final element of a
series
724.240(b)(2)
JCAR
Changed “these Sections” to “Sections 724.244
through 724.245”
724.240(c)
JCAR
Changed to lower case “federal”
724.240(d)
JCAR,
Board,
Agency
Changed “the Board will . . . other enforceable
document alternative requirements” to “A permit
or enforceable document can contain . . .;”
changed “Subpart H” to “this Subpart H;” added
“or Agency”
724.240(d)(1)
JCAR
Added “or Agency;” changed “
Section 724.190(f)
or Section 724.210(d)” to “Section 724.190(f) or
724.210(d)”
58
724.240(d)(2)
JCAR
Added “or Agency;” changed “Subpart H” to “this
Subpart H”
724.240(d)(2)
Agency
Deleted “adequately”
724.652(a)
JCAR
Changed lowed-cased “section”
724.652(e)(4)(A)(ii)
Agency
Deleted proposed addition of “adequately”
724.652(e)(4)(C)
JCAR
Corrected “this subsection” to “this subsection (c)”
724.652(e)(4)(D)
JCAR
Deleted unnecessary comma after the word
“monitoring;” deleted “adequately”
724.653(a)
Agency
Deleted “adequately”
724.654(a)
JCAR,
Agency
Changed “in according to” to “in accordance with”
724.654(c)(2)
JCAR,
Agency
Changed “certification . . . for” to “certification
. . . of;” deleted “adequately”
724.654(c)(3)
Agency
Deleted “adequately”
724.654(d)(1)(B)
Board,
Agency
Corrected “run-on/run-off” to “
runon and runoff;”
deleted “adequately”
724.654(d)(1)(C)
JCAR
Deleted parenthetical “(entitled . . .);” removed a
comma after the word “limit” separating a two-
element series; removed a comma after the word
“order” separating a prepositional phrase; added a
comma after the word “limit” to offset a
parenthetical
724.654(d)(2)(F)
JCAR
Changed ending punctuation to a period
724.654(e)(1)
JCAR
Added a comma after the word “rendered” to
separate the final element of a series
724.654(h)
JCAR,
Agency
Corrected “redemption” to “remediation”
724.654(j)(2)
Agency
Deleted “adequately”
724.654(l)
Agency
Corrected “a existing” to “an existing”
725. table of contents
Board
Removed amendments to Section 725.328
heading; added “in R99-15”
725.101(b)
JCAR
Changed “U.S.C.” to “USC”
725.101(c)(1)
JCAR
Changed “U.S.C.” to “USC” (twice)
725.101(c)(6)
JCAR
Changed to singular “35 Ill. Adm. Code
726.Subpart C, F, G, or H”
725.101(c)(11)(D)
Agency
Deleted proposed added “adequately”
725.101(f)(2)
Agency
Deleted “adequately”
725.101(g)
Agency
Corrected “apply a person” to “apply to a person”
725.190(d)(1)
JCAR
Changed ending punctuation to a semicolon
725.190(f)
Board
Changed “the Board will . . . other enforceable
document alternative requirements” to “A permit
or enforceable document can contain . . .”
725.210(b)(2)
JCAR
Changed to singular “Section”
59
725.210(c)
JCAR
Changed “alternative requirements” to “in an
enforceable document” as in the federal original
725.210(d)
Agency,
Board
Changed “The Board will . . . alternative
requirements that” to “A permit or enforceable
document can contain . . .”
725.210(d)(1)
JCAR
Changed ending punctuation to a semicolon
725.210(d)(2)
Agency
Deleted “adequately”
725.212(b)(5)
Board
Corrected “run-on” to “
runon;” corrected “run-
off” to “runoff”
725.212(b)(7)
JCAR
Changed to singular “Section”
725.212(b)(8)
Board,
Agency
Changed “the Board . . . alternative requirements”
to “alternative requirements are established;”
changed “Board order or Agency permit
establishing” to “enforceable document
containing” as in the federal original
725.212(c)(1)(D)
JCAR
Changed to singular “Section;” changed “Board or
Agency to establish” to “establishment of”
725.212(c)(4)
JCAR
Changed “of” to “after”
725.218(c)(1)
JCAR
Changed ending punctuation to a period
725.218(c)(5)
Board,
Agency,
JCAR
Changed “the Board . . . alternative requirements”
to “alternative requirements are established;”
changed “Board order or Agency permit
establishing” to “enforceable document
containing” as in the federal original; changed
ending punctuation to a period
725.218(d)(1)(B)
JCAR
Changed ending punctuation to a semicolon; added
ending conjunction “and”
725.218(d)(1)(C)
JCAR
Changed to singular “Section;” changed “Board or
Agency to establish” to “establishment of”
725.218(d)(3)
JCAR
Changed to singular “Section”
725.218(g)(1)(A)(ii)
JCAR
Removed unnecessary period before parenthetical
725.218(g)(2)(A)
JCAR
Changed “of” to “after”
725.221(a)
JCAR, Board
Changed “for which the Board or Agency has
established alternative requirements;” to “but
which obtain an enforceable document in lieu of a
post-closure permit” as in the federal original
725.221(b)(1)
Board,
Agency
Changed “which” to “that;” changed “as such are
provided” to “as provided”
725.221(b)(1)(A)
JCAR,
Agency,
Board
Added “in an enforceable document in lieu of a
permit;” changed “which” to “that;” changed “as
such are provided” to “as provided”
725.221(b)(1)(A)(i)
JCAR
Changed to plural “Sections;” changed ampersand
to conjunction “and”
725.221(b)(1)(A)(iii)
JCAR
Changed 35-38 to “35 through 38”
60
725.221(b)(1)(A)(iv)
Board
Deleted “cease and desist;” changed statutory
citation from “Section 33(c)” to “Section 33(a)”
725.221(b)(1)(B)
Board,
Agency
Changed “35 Ill. Adm. Code 740 or 742” to “
an
appropriate statutory or regulatory authority;”
added “as follows” and ending colon
725.221(b)(1)(B)(i)
Agency,
Board
Added federal text previously deleted, with minor
modifications
725.221(b)(1)(B)(ii)
Agency,
Board
Added federal text previously deleted, with minor
modifications
725.221(b)(1)(B)(iii)
Agency,
Board
Added federal text previously deleted
725.221(b)(1)(C)
Agency,
Board
Added federal text previously deleted, with minor
modifications
725.221(b)(2)
Agency,
Board
Moved text from subsection (b)(1)(B)(i); changed
citation to subsection (b)(2) to (b)(1)(B); removed
unnecessary comma
725.221(b)(3)
Agency,
Board
Moved text from subsection (b)(1)(B)(ii);
corrected reference to “subsection (b)(1)(B)”
725.240(b)
JCAR, Board
Changed to plural “Sections;” added “any of the
following
725.240(b)(1)
Board
Deleted ending conjunction “or”
725.240(b)(3)
JCAR
Added the word “Section” to correct cross-
reference format
725.240(d)
Board,
Agency
Changed “the Board will . . . other enforceable
document alternative requirements” to “A permit
or enforceable document can contain . . .;” added
“or Agency”
725.240(d)(1)
Board,
Agency
Added “or Agency”
725.240(d)(2)
Board,
Agency
Added “or Agency;” removed “adequately”
726. table of contents
Board
Added “in R99-15”
726.180(a)(2)
JCAR
Changed “is subject” to “are subject” in column
four
726.180(a)(3)
JCAR
Added “notification requirements at” in column
three; changed comma to conjunction “and,”
removed “a notification requirements” in column
four
726.180(a)(4)
JCAR
Changed comma to conjunction “and,” corrected
“262.11” to “722.111” in column four
726.180(a)(5)
JCAR
Changed comma to conjunction “and” in column
four,” corrected “262.11” to “722.111” in column
four
726.180(b)(1)(A)
JCAR
Changed ending punctuation to a period
61
726.180(b)(1)(F)
JCAR,
Agency
Corrected spelling of “Subparts”
726.180(b)(2)
JCAR
Changed to lower-cased “permitted facility;”
added a comma after the word “facility”
726.180(b)(2)(C)
JCAR
Added missing second closing parenthesis mark
726.180(b)(2)(E)
JCAR
Added missing second closing parenthesis mark
726.200(c)(3)(A)(i)
JCAR
Corrected “less that” to “less than”
726.200(c)(3)(B)
JCAR
Removed “of this Part” (twice)
726.200(g) “one hour block
average”
JCAR
Added ending period
728. table of contents
JCAR
Added “in R99-15”
728.102 “hazardous debris”
Board
Added May 11, 1999, federal amendments
728.102 “inorganic solid
debris”
Board,
Agency
Deleted a definition that USEPA amended to
“debris” on August 18, 1992 (at 58 Fed. Reg.
37270), which the Board should have deleted on
September 23, 1993 in docket R93-4
728.102 “soil”
Board, JCAR
Added May 11, 1999, federal amendments
728.107(b)(3)(B) ¶6
Board
Added May 11, 1999, federal amendments
728.107(b)(4)(D) &
certification
Board
Added May 11, 1999, federal amendments
728.109(d)(2)
Board
Added May 11, 1999, federal amendments
728.140(a)
Board,
Agency
Changed “Section” to “Table”
728.140(a)(1)
Agency
Changed “that Section” to “Table T of this Part”
728.140(a)(2)
Agency
Changed “that Section” to “Table T of this Part”
728.140(a)(3)
Agency
Changed “that Section” to “Table T of this Part”
728.140(e)
Agency
Corrected references to “728.102” (twice)
728.140(i)
Board
Added May 11, 1999, federal amendments
728.149(c)(3)(A)
Board
Added May 11, 1999, federal amendments
728.149(c)(3)(B)
Board
Used plural “methods”
728.150(a)(2)
Board, JCAR
Changed ending punctuation to a colon, added
“each of the following conditions are fulfilled”
728.150(a)(2)(A)
Board, JCAR
Added ending conjunction “and”
728.150(d)
Agency
Added missing closing parenthesis mark
728.150(f)
Agency
Deleted the last sentence, since Section 728.132 to
which it refers was repealed on August 20, 1998,
in docket R97-21/R98-3/R98-5
728.Table I ¶1
Board
Added May 11, 1999, federal amendments
728.Table I ¶3
Board
Added May 11, 1999, federal amendments
728.Table I ¶8
Board
Added May 11, 1999, federal amendments
728.Table T “K088”
Board
Added May 11, 1999, federal amendments to
“barium,” “nickel,” and “fluoride” reversing
amendments of September 24, 1998
62
728.Table T “K156”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table T “K159”
Board
Added May 11, 1999, federal amendments
withdrawing amendments of September 24, 1998
728.Table T “P194”
Board
Added May 11, 1999, federal amendments
withdrawing an amendment of September 24, 1998
728.Table T “U404”
Board
Added May 11, 1999, federal amendment
728.Table U “aldicarb
sulfone”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “barban”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “bendiocarb”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “benomyl”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “butylate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “carbaryl”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “carbenzadim”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “carbofuran”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “carbofuran
phenol”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “carbosulfan”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U
“dithiocarbamates”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “EPTC”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
63
728.Table U “formetanate
hydrochloride”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “methiocarb”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “methomyl”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “metolcarb”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “mexacarbate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “molinate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “oxamyl”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “pebulate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “physostigmine”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “physostigmine
salicylate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “promecarb”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “propham”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “propoxur”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “prosulfocarb”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
64
728.Table U “thiodicarb”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “thiophanate-
methyl”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “triallate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “triethylamine”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U “vernolate”
Board
Added May 11, 1999, federal amendment restoring
footnote mark deleted in an amendment of
September 24, 1998
728.Table U note 6
Board
Added May 11, 1999, federal amendment restoring
text deleted in an amendment of September 24,
1998
733. table of contents
Board
Added “in R99-15”
733.106 “FIFRA”
JCAR
Changed “U.S.C.” to “USC;” deleted section
symbols “§§;” changed “136-136y” to “136
through 136y”
733.106 “Pesticide” & Board
note
JCAR
Changed “U.S.C.” to “USC;” deleted section
symbol “§” (three times)
733.106 “universal waste
transfer facility”
JCAR
Added a comma to separate the final element of a
series
TABLE 4
Requested Revisions to the Text of the Proposed Amendments Not Made in Final
Adoption
Section Affected
Source(s) of Request:
Requested Revision(s)
Explanation
702.110 “appropriate act
and regulations”
JCAR: capitalize “act;”
change comma to semi-
colon
The word “act” is not used as a proper
noun; a comma is the appropriate
punctuation throughout this definition
(see the revisions to this definition
listed in the previous table)
702.126(d)(2)
JCAR: Add pronoun “my”
to phrase “upon
information and belief”
This is a phrase of art predicated on the
fact that the pertinent facts are not
directly known to the person making
the certification
65
702.126(d)(2)
Agency: Change “upon
information and belief” to
“to the best of my
information”
The phrase of art is as it appears in the
federal original at 40 CFR 270.11(d)(2)
703.161
Agency: Add a Board note
that explains the need for
prior USEPA approval of
any authority used to grant
alternative requirements
The authority of any agency of the
State of Illinois to issue any document
containing alternative requirements
derives from Illinois and not federal
law. No federal regulation requires
prior USEPA approval of State of
Illinois authorities to issue such
documents
703.301(b)(3)
Agency: change “when it
expires” to “expired”
The federal language taken directly
from 40 CFR 270.85(c) is more correct
in the context of this sentence
703.303(e)(6)
JCAR: change “which” to
“that”
“Which” is the appropriate pronoun for
a subsequent restrictive relative clause
703.304(e)(2)
JCAR: change “which” to
“that”
“Which” is the appropriate pronoun for
a subsequent restrictive relative clause
720.110 “military
munition”
JCAR: move comma to
change “. . . charges, and
devices and components of
these items and devices” to
“. . . charges and devices,
and components of these
items and devices”
The existing text reflects the federal
original of 40 C.F.R. 260.10, and
moving the comma could alter the
meaning or interpretation of the text
720.110 “runoff”
JCAR: hyphenate term to
“run-off”
The dictionary indicates the word
without a hyphen
720.110 “runon”
JCAR: hyphenate term to
“run-on”
Hyphenation would render the word
inconsistent with the word “runoff”
720.110 “USEPA”
JCAR: delete “U.S. EPA”
The defined term “U.S. EPA” still
exists in numerous segments of the
rules because the Board has not
completed substitution of “USEPA” for
the term
724.190(f)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
724.210(c)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
66
724.218(d)(2)(D)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
724.240(d)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
724.654(a)
JCAR: change “which” to
“that”
“Which” is the appropriate pronoun for
a subsequent restrictive relative clause
725.190(f)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.210(c)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.210(c)
JCAR: change “which” to
“that”
“Which” is the appropriate pronoun for
a subsequent restrictive relative clause
725.212(c)(1)(D)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.218(d)(1)(C)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.221
Agency: change the
Section heading to read
“Post-Closure Care
Requirements for Facilities
that Obtain Enforceable
Documents in Lieu of Post-
Closure Care Permits”
The suggested Section heading is too
lengthy, and although less fully
descriptive of the content of the
Section, the chosen abbreviated
heading “Alternative Post-Closure Care
Requirements” is not inaccurate or
misleading
67
725.221(b)
Agency: remove the
subsection (b), (b)(1), and
(b)(2) headings and
renumber all subsections up
two levels and render
subsection (b)(2) as
subsection (b)
The proposed structure follows the
federal structure, except that Illinois
Administrative Code codification
regulations required the addition of the
subsection headings, the Agency has
presented no reason for such a radical
restructuring, and the suggested
restructuring would result in a
duplicate subsection (b)
725.221(b)(1)(A)
Agency: add “or court of
competent jurisdiction”
This provision relates to public notice
when establishing alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.221(b)(1)(A)
Agency: add “or court of
competent jurisdiction”
This provision relates to public notice
when establishing alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.221(b)(1)(B)
Agency: delete subsection
This provision imposes the requirement
of 40 CFR 265.221(b)(1) that the
Agency provide for public comment
725.221(b)(1)(B)(i)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.221(b)(1)(B)(ii)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
725.240(d)
Agency: add “or court of
competent jurisdiction”
This provision authorizes the
establishment of alternative
requirements; Illinois courts do not
derive any authority from the Board
(see amendments to Section 703.161)
726.180(b)(1)(G)
JCAR: overstrike former
subsection designation “4”
Correction not necessary, as it is
overstruck in the original
726.200(g) “cu m”
JCAR: remove “cu m”
The defined term appears in five
separate Sections of Part 726, so
removal is not possible until those
appearances are modified to read “m
3
”
68
728.102 “USEPA”
JCAR: remove “or ‘U.S.
EPA’”
The defined term appears in several
Sections of Subtitle G, so removal is
not possible until those appearances are
modified to read “USEPA”
728.140(a)
Agency: add reference to
“Table C of this Part”
Table C derives from 40 C.F.R. 268.42,
table 1, not from the table to 40 C.F.R.
268.40(a)
728.140(a)
Agency: change “Table T
of this Part identifies . . .
requirements” to “one of
three types . . . are
identified as follows”
This shift to the passive voice does not
enhance the clarity of this provision
728.140(a)(1)
Agency: delete “(‘total
waste standards’)”
This language appears in the federal
language at 40 C.F.R. 268.40(a)(1),
and deleting it does not enhance the
clarity of this provision
728.140(a)(2)
Agency: delete “(‘waste
extract standards’)”
This language appears in the federal
language at 40 C.F.R. 268.40(a)(2),
and deleting it does not enhance the
clarity of this provision
728.140(a)(3)
Agency: delete
“(‘technology standard’)”
This language appears in the federal
language at 40 C.F.R. 268.40(a)(3),
and deleting it does not enhance the
clarity of this provision
728.150(a)(1)
JCAR: change “which” to
“that”
“Which” is the appropriate pronoun for
a subsequent restrictive relative clause
HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION
AGENCY OR BOARD ACTION
EDITORIAL CONVENTIONS
The Board appends the following three discussions to this opinion. The first is a summary
history of the Illinois Resource Conservation and Recovery Act (RCRA) Subtitle C and
Underground Injection Control (UIC) programs. It lists all Board actions taken to adopt and
maintain these programs since their inceptions. It includes a listing of all site-specific rulemaking
and adjusted standards proceedings filed that relate to these programs. It also lists all USEPA
program authorizations issued to date. The second is a discussion of how the Board codifies
requirements that call for state determinations, such as exemptions or exceptions. The third
discussion relates to our use of language in the codification of identical-in-substance rules. We
intend these as reference aids for interested persons in the regulated community.
69
History of RCRA Subtitle C and UIC Adoption
The Illinois UIC and RCRA Subtitle C regulations, together with more stringent state
regulations particularly applicable to hazardous waste, include the following Parts of Title 35 of
the Illinois Administrative Code (35 Ill. Adm. Code):
700
Outline of Waste Disposal Regulations (Repealed)
702
RCRA Subtitle C and UIC Permit Programs
703
RCRA Subtitle C Permit Program
704
UIC Permit Program
705
Procedures for Permit Issuance
709
Wastestream Authorizations
720
General
721
Identification and Listing
722
Generator Standards
723
Transporter Standards
724
Final TSD Standards
725
Interim Status TSD Standards
726
Specific Wastes and Management Facilities
728
USEPA Land Disposal Restrictions
729
Landfills: Prohibited Wastes
730
UIC Operating Requirements
731
Underground Storage Tanks
732
Petroleum Underground Storage Tanks
733
Standards for Universal Waste Management
738
Hazardous Waste Injection Restrictions
739
Standards for the Management of Used Oil
Special provisions for RCRA Subtitle C cases are included in Parts 102, 103, 104, and 106
of the Board’s procedural rules (35 Ill. Adm. Code 102, 103, 104, and 106).
History of RCRA Subtitle C and State Hazardous Waste Rules Adoption
The Board has adopted and amended the Resource Conservation and Recovery Act
(RCRA) Subtitle C hazardous waste rules in several dockets. The dockets captioned Proposed
Regulations for “RCRA” (Chapter 7 and Chapter 9) (September 16, 1981, and February 4,
1982), R81-22, and Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18, dealt with
the Phase I RCRA Subtitle C regulations. The Board adopted RCRA Subtitle C Phase II
regulations in Parts 703 and 724 in dockets Phase II, RCRA Rules (July 26, 1983), R82-19, and
Technical Correction to Phase II RCRA Rules (December 15, 1983), R83-24. USEPA reviewed
and authorized the Illinois Phase I and Phase II regulations. The entire listing of all RCRA
Subtitle C identical-in-substance rulemakings follows. A listing of federal authorizations of the
Illinois program to date, as noticed in the
Federal Register
, appears at the end of this historical
summary of the Illinois hazardous waste program.
70
R81-22
Proposed Regulations for “RCRA” (Chapter 7 and Chapter 9)
(September 16, 1981, and February 4, 1982), R81-22; published at 6 Ill.
Reg. 4828, April 23, 1982, effective May 17, 1982. (Federal rules and
amendments adopted by USEPA during the period May 18, 1980, through
October 1, 1981)
R82-18
Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18;
published at 7 Ill. Reg. 2518, March 4, 1983, effective May 17, 1982.
(Federal rules and amendments adopted by USEPA during the period
November 11, 1981, through June 24, 1982)
R82-19
4
Phase II, RCRA Rules (July 26, 1983), R82-19; published at 7 Ill. Reg.
13999, October 28, 1983, effective October 2, 1983. (Federal rules and
amendments adopted by USEPA during the period November 23, 1981,
through October 29, 1982)
R83-24
1
Technical Correction to Phase II RCRA Rules (December 15, 1983), R83-
24; published at 8 Ill. Reg. 200 (January 6, 1984), effective December 27,
1983. (Corrections to the docket R82-19 rules)
R84-9
RCRA and UIC Update (June 13 and 27, 1985), R84-9; published at 9 Ill.
Reg. 11964 (August 2, 1985), effective July 8 and 24, 1985. (Federal rules
and amendments adopted by USEPA during the period January 19, 1983,
through April 24, 1984)
R85-22
RCRA Update (April 24, 1984, through June 30, 1985) (December 20,
1985, and January 9, 1986), R85-22; 10 Ill. Reg. 968 (January 17, 1986),
effective January 2, 1986.
R86-1
RCRA Update, USEPA Regulations (July 1, 1985, through December 31,
1985) (July 11, 1986), R86-1; published at 10 Ill. Reg. 13998 (August 22,
1986), effective August 12, 1986.
R86-19
RCRA Update (February 1, 1986, through March 31, 1986) (October 23,
1986, R86-19; published at 10 Ill. Reg. 20630 (December 12, 1986),
effective December 2, 1986.
R86-28
RCRA Update (April 1, 1986, through June 30, 1986) (February 5, 1987;
amended March 5, 1987; corrected April 16, 1987), R86-28; published at
11 Ill. Reg. 6017 (April 3, 1987), effective March 23, 1987; correction
published at 11 Ill. Reg. 8684 (May 1, 1987), effective April 21, 1987.
1
On September 6, 1984, the Third District Appellate Court upheld the Board's actions in
adopting R82-19 and R83-24. Commonwealth Edison Co. v. PCB, 127 Ill. App. 3d 446; 468
N.E.2d 1339 (3d Dist. 1984).
71
R86-46
RCRA Update (July 1, 1986, through September 30, 1986) (July 16,
1987), R86-46; published at 11 Ill. Reg. 13435 (August 14, 1987),
effective August 4, 1987.
R87-5
RCRA Update (October 1, 1986, through December 31, 1986)
(October 15, 1987), R87-5; published at 11 Ill. Reg. 19280 (November 30,
1987), effective November 10 and 12, 1987.
R87-26
RCRA Update (January 1, 1987, through June 30, 1987) (December 3,
1987), R87-26; published at 12 Ill. Reg. 2450 (January 29, 1988), effective
January 15, 1988. (1/1/87 through 6/30/87)
R87-32
Correction to R86-1 (September 4, 1987), R87-32; published at 11 Ill.
Reg. 16698 (October 16, 1987), effective September 30, 1987.
R87-39
RCRA Update, USEPA Regulations (July 1, 1987, through December 31,
1987) (June 16, 1988), R87-39; published at 12 Ill. Reg. 12999
(August 12, 1988), effective July 29, 1988. (7/1/87 through 12/31/87)
R88-16
RCRA Update, USEPA Regulations (January 1, 1988, through July 31,
1988) (November 17, 1988), R88-16; published at 13 Ill. Reg. 447
(January 13, 1989), effective December 28, 1988.
R89-1
RCRA Update, USEPA Regulations (August 1, 1988, through
December 31, 1988) (September 13, 1989), R89-1; published at 13 Ill.
Reg. 18278 (November 27, 1989), effective November 13, 1989.
R89-9
RCRA Update, USEPA Regulations (January 1, 1989, through June 30,
1989) (March 8, 1990), R89-9; published at 14 Ill. Reg. 6225 (April 27,
1990), effective April 16, 1990.
R90-2
RCRA Update, USEPA Regulations (July 1, 1989, through December 31,
1989) (July 3, 1990), R90-2; published at 14 Ill. Reg. 14401 (September 7,
1990), effective August 22, 1990.
R90-11
RCRA Update, USEPA Regulations (April 1, 1990, through June 30,
1990) (April 11, 1991; corrected May 23, 1991; corrected August 8, 1991;
uncorrected August 22, 1991), R90-11; published at 15 Ill. Reg. 9323
(June 28, 1991), effective June 17, 1991.
R90-17
RCRA Delistings (See below)
R91-1
RCRA Update, USEPA Regulations (July 1, 1990, through December 31,
1990) (August 8, 1991), R91-1; published at 15 Ill. Reg. 14446
72
(October 11, 1991), effective September 30, 1991. (Wood Preserving
Rules)
R91-13
RCRA Update, USEPA Regulations (January 1, 1991, through June 30,
1991) (April 9, 1992), R91-13; published at 16 Ill. Reg. 9489 (June 19,
1992), effective June 9, 1992. (Boilers and Industrial Furnace (BIF) Rules)
R91-26
RCRA Wood Preserving compliance Dates (Identical in Substance Rules)
(January 9, 1992); published at 16 Ill. Reg. 2600 (February 14, 1992),
effective February 3, 1992. (Wood Preserving Rules Compliance Dates)
R92-1
RCRA Update, USEPA Regulations (July 1, 1991, through December 31,
1991) (September 17, 1992), R92-1; published at 16 Ill. Reg. 17636
(November 20, 1992), effective November 6, 1992.
R92-10
RCRA Update, USEPA Regulations (January 1, 1992, through June 30,
1992) (January 21, 1993), R92-10; published at 17 Ill. Reg. 5625 (April 9,
1993), effective March 26, 1993. (Leak Detection System (LDS) Rules)
R93-4
RCRA Update, USEPA Regulations (July 1, 1992, through December 31,
1992) (September 23, 1993), R93-4; published at 17 Ill. Reg. 20545
(December 3, 1993), effective November 22, 1993. (Used Oil Rules)
R93-16
RCRA Update, USEPA Regulations (January 1, 1993, through June 30,
1993) (March 17, 1994, supplemental opinion and order on April 21,
1994;), R93-16; published at 18 Ill. Reg. 6720 (May 6, 1994), effective
April 26, 1994.
R94-7
RCRA Subtitle C Update, USEPA Regulations (July 1, 1993, through
December 31, 1993) (June 23, 1994), R94-7; published at 18 Ill. Reg.
12160 (August 12, 1994), effective July 29, 1994.
R94-17
RCRA Subtitle C Update, USEPA Regulations (January 1, 1994, through
June 30, 1994) (October 20, 1994), R94-17; published at 18 Ill. Reg.
17480 (December 9, 1994), effective November 23, 1994.
R95-6
RCRA Subtitle C Update, USEPA Regulations (July 1, 1994, through
December 31, 1994, January 3, 1995 & May 19, 1995) (Consolidated with
R95-4) (June 1 and 15, 1995, R95-6; 19 Ill. Reg. 9501 (July 14, 1995),
effective June 27, 1995.
R95-20
RCRA Subtitle C Update, USEPA Regulations (January 1, 1995, through
June 30, 1995; July 7, 1995; September 29, 1995; November 13, 1995;
June 6, 1996) (June 20, 1996), R95-20; published at 20 Ill. Reg. 10929
(August 16, 1996), effective August 1, 1996.
73
R96-10
RCRA Subtitle C Update, USEPA Regulations (July 1, 1995, through
December 31, 1995) Consolidated with R97-3 and R97-5 (November 6,
1997), R96-10; 22 Ill. Reg. 256 (January 2, 1998), effective December 16,
1997.
R97-5
RCRA Subtitle C Update, USEPA Regulations (January 1, 1996, through
June 30, 1996) Consolidated with R96-10 and R97-3 (November 6, 1997),
R97-5; published at 22 Ill. Reg. 256 (January 2, 1998), effective
December 16, 1997.
R97-21
RCRA Subtitle C (HW) Update, USEPA Regulations (July 1, 1996,
through December 31, 1996) Consolidated with R98-3 and R98-5
(August 20, 1998), R97-21; published at 22 Ill. Reg. 17930 (October 9,
1998), effective September 28, 1998.
R98-5
RCRA Subtitle C Update, USEPA Regulations (January 1, 1997, through
June 30, 1997) Consolidated with R97-21 and R98-3 (August 20, 1998),
R98-5; published at 22 Ill. Reg. 17930 (October 9, 1998), effective
September 28, 1998.
R98-21
RCRA Subtitle C Update, USEPA Regulations (July 1, 1997, through
December 31, 1997) (Consolidated with R99-2 and R99-7) (December 17,
1998), R98-21; published at 23 Ill. Reg. 1695 (February 5, 1999), effective
January 19, 1999.
R99-2
RCRA Subtitle C Update, USEPA Regulations (January 1, 1998, through
June 30, 1998) (Consolidated with R98-21 and R99-7) (December 17,
1998), R99-2; published at 23 Ill. Reg. 1695 (February 5, 1999), effective
January 19, 1999.
R99-15
RCRA Subtitle C Update, USEPA Regulations (July 1, 1998, through
December 31, 1998) (this Docket).
The Board added to the federal listings of hazardous waste by listing dioxins pursuant to
Section 22.4(d) of the Act:
R84-34
Hazardous Waste Listings and Test Methods for Identification of
Tetrachlorodibenzo-p-Dioxins (November 21, 1984), R84-34; published at
8 Ill. Reg. 24562 (December 21, 1984), effective December 11, 1984.
This was repealed by R85-22, which included adoption of USEPA’s dioxin listings.
Section 22.4(d) was repealed by P.A. 85-1048, effective January 1, 1989.
74
The Board has adopted USEPA delistings at the request of Amoco, Envirite, USX, and
CSI:
R85-2
Petition of Amoco Oil Company Amendment to 35 Ill. Adm. Code Part
721, Appendix I (April 24, 1986), R85-2; published at 10 Ill. Reg. 8112
(May 16, 1986), effective May 2, 1986.
R87-30
Petition for Rulemaking to Adopt Regulations Identical in Substance to
federal RCRA Requirements filed by the Envirite Corporation (90 PCB
665, June 30, 1988), R87-30; published at 12 Ill. Reg. 12070 (July 22,
1988), effective July 12, 1988.
R91-12
Delisting Petition for USX Corporation (Identical in Substance Rule)
(December 19, 1991), R91-12; published at 16 Ill. Reg. 2155 (February 7,
1992), effective January 27, 1992.
R95-20
RCRA Subtitle C, USEPA Regulations (January 1, 1995, through June 30,
1995, July 7, 1995, September 29, 1995, November 13, 1995, and June 6,
1996) (June 20, 1996), R95-20; published at 20 Ill. Reg. 10929
(August 16, 1996), effective August 1, 1996.
On April 30, 1990, USEPA authorized Illinois to grant waste delistings. Upon this
authorization, USEPA transferred pending delisting petitions to the Board. The Board docketed
these as site-specific rulemaking proceedings:
R90-18
USX Corporation, Southworks Delisting (Site-Specific) (June 6, 1991),
R90-18. (Dismissed.)
R90-19
Woodward Governor Company Delisting (Site-Specific) (November 8,
1990), R90-19. (Dismissed.)
R90-23
General Motors Corporation Site-Specific Exception to 35 Ill. Adm. Code
216.381 for Ferrous Foundries in Vermilion County (July 11, 1991), R90-
23. (Dismissed.)
The Board has modified the delisting procedures to allow the use of adjusted standards in
lieu of site-specific rulemakings:
R90-17
RCRA Delistings (February 28, 1991), R90-17; published at 15 Ill. Reg.
7934 (May 24, 1991), effective May 9, 1991.
Waste generators have filed Part 106 adjusted standard petitions for solid waste
determinations with the Board pursuant to Section 720.130:
75
AS 89-4
In the Matter of: Safety-Kleen Corporation, Petition for an Adjusted
Standard, 35 Ill. Adm. Code 720.131(c) (November 15, 1989), AS 89-4.
(Dismissed.)
AS 89-5
In the Matter of: Safety-Kleen Corporation, Petition for an Adjusted
Standard, 35 Ill. Adm. Code 720.131(c) (July 3, 1990), AS 89-5.
(Dismissed.)
AS 90-7
In the Matter of: Petition of Quantum Chemical Company, USI Division,
for an Adjusted Standard, 35 Ill. Adm. Code 720.130 (July 11, 1991), AS
90-7. (Dismissed.)
AS 96-11
In the Matter of: Petition of Chemetco, Inc. for an Adjusted Standard, 35
Ill. Adm. Code 720.131(a) & (c) (August 1, 1996), AS 96-11.
(Dismissed.)
AS 97-2
In the Matter of: Petition of Chemetco, Inc. for an Adjusted Standard, 35
Ill. Adm. Code 720.131(a) & (c) (March 19, 1998), AS 97-2. (Denied.)
AS 97-9
In the Matter of: Petition of Recycle Technologies, Inc. for an Adjusted
Standard, 35 Ill. Adm. Code 720.131(c) (September 3, 1998), AS 97-9.
(Granted.)
AS 99-3
In the Matter of: Petition of Big River Zinc Corporation for an Adjusted
Standard, 35 Ill. Adm. Code 720.131(c) (April 15, 1999), AS 99-3.
(Granted.)
Waste generators have filed Part 106 adjusted standard petitions for hazardous waste
delistings with the Board pursuant to Section 720.122:
AS 91-1
In the Matter of: Petition of Keystone Steel & Wire Co. for Hazardous
Waste Delisting (February 6, 1992), AS 91-1. (Granted.)
AS 91-3
In the Matter of: Petition of Peoria Disposal Company for an Adjusted
Standard from 35 Ill. Adm. Code 721, Subpart D (February 4, 1993), AS
91-3. (Granted.)
AS 93-7
In the Matter of: Petition of Keystone Steel & Wire Company for an
Adjusted Standard from 35 Ill. Adm. Code 721.132 (February 17, 1994),
AS 93-7. (Granted.)
AS 94-10
In the Matter of: Petition of Envirite Corporation for an Adjusted
Standard from 35 Ill. Adm. Code 721, Subpart D (December 14, 1994),
AS 94-10. (Granted.)
76
The Board has procedures to be followed in cases before it involving the RCRA Subtitle C
regulations:
R84-10
RCRA and UIC Procedural Rules (December 20, 1984, and January 10,
1985), R84-10; published at 9 Ill. Reg. 1383 (February 1, 1985), effective
January 16, 1985.
The Board also adopted special procedures to be followed in certain determinations under
Part 106. The Board adopted these Part 106 special procedures in RCRA Update (April 24,
1984, through June 30, 1985) (December 20, 1985, and January 9, 1986), R85-22 and amended
them in RCRA Update (July 1, 1986, through September 30, 1986) (July 16, 1987), R86-46,
listed above.
One Part 106 adjusted standard proceeding filed pursuant to 728.106 sought relief from a
prohibition against land disposal:
AS 90-6
In the Matter of: Petition of Marathon Petroleum Company for an
Adjusted Standard to Allow Land Disposal of a Waste Prohibited Under 35
Ill. Adm. Code 728.130 through 728.139 (September 17, 1992), AS 90-6.
(Dismissed.)
Other adjusted standard proceedings sought relief from aspects of the land disposal unit
closure and post-closure care requirements:
AS 90-8
In the Matter of: Petition of Olin Corporation for an Adjusted Standard
from 35 Ill. Adm. Code 724 and 725 (Related to Closure and Post Closure
of RCRA Regulated Surface Impoundments (February 27, 1992), AS 90-8.
(Granted.)
AS 91-4
In the Matter of: Petition of Amoco Oil Company for an Adjusted
Standard from 35 Ill. Adm. Code 725.213(d)(1)(B) and 725.321(a)
(March 11, 1992), AS 91-4. (Granted.)
One adjusted standard proceeding sought relief from a RCRA Subtitle C land disposal
restriction:
AS 90-6
In the Matter of: Petition of Marathon Petroleum Company for an
Adjusted Standard to Allow Land Disposal of a Waste Prohibited Under 35
Ill. Adm. Code 728.130 through 728.139 (September 17, 1992), AS 90-6.
(Dismissed.)
Still another adjusted standard proceeding relates to substantive treatment, storage, and
disposal facility requirements of the RCRA Subtitle C regulations:
77
AS 91-10
In the Matter of: Petition of Cabot Corporation for an Adjusted Standard
from 35 Ill. Adm. Code 725.293 (May 19, 1994), AS 91-10. (Dismissed;
secondary containment for tanks.)
One adjusted standard proceeding related to the requirements applicable to the contents of
the application for a facility permit under the RCRA Subtitle C regulations:
AS 97-11
In the Matter of: Petition of Ensign-Bickford Company for an Adjusted
Standard from 35 Ill. Adm. Code 703.183(r) (June 19, 1997), AS 97-11.
(Denied; topographic facility map requirement.)
A final adjusted standard filed under 35 Ill. Adm. Code 725.213(e) allowed the continued
operation of a lagoon that had formerly received hazardous waste but which did not comply with
the liner and leachate collection system requirements of 35 Ill. Adm. Code 725.321:
AS 97-3
In the Matter of: Shell Wood River Refining Company for an Adjusted
Standard from 35 Ill. Adm. Code 725.213 and 725.321 (May 15, 1997),
AS 97-3. (Granted.)
AS 98-6
In the Matter of: Wood River Refining Co., a Division of Equilon
Enterprises LLC, f/k/a Shell Wood River Refining Co., for an Adjusted
Standard from 35 Ill. Adm. Code 725.213 and 725.321 (March 18, 1999),
AS 98-6. (Granted.)
In another regulatory proceeding, the Board has considered granting temporary relief from
the termination of a hazardous waste listing in the form of an emergency rule:
R91-11
Certain Hazardous Wastes from Primary Zinc Smelting and Refining, 35
Ill. Adm. Code 721.104(b)(7)(U) (August 8, 1991), R91-11. (Filed by Big
River Zinc Corp.)
The Board has also adopted requirements limiting and restricting the landfilling of liquid
hazardous wastes, hazardous wastes containing halogenated compounds, and hazardous wastes
generally:
R81-25
Proposal for Adoption of Sanitary landfill Regulation, Rule 310: Special
Wastes; Prohibition of Landfilling of Halogenated Solvents filed by
Citizens for a Better Environment (October 25, 1984), R81-25; published
at 8 Ill. Reg. 24124 (December 14, 1984), effective December 4, 1984.
R83-28
Definition of Liquid Hazardous Waste (February 26, 1986), R83-28;
published at 10 Ill. Reg. 4875 (March 21, 1986), effective March 7, 1986.
78
R86-9
Hazardous Waste Prohibitions (Emergency Rule) (October 23, 1986),
R86-9; published at 10 Ill. Reg. 19787 (November 21, 1986), effective
November 5, 1986.
The Board’s action in adopting emergency regulations in R86-9 was reversed by the First
District Court of Appeals. Citizens for a Better Environment v. PCB, 152 Ill. App. 3d 105, 504
N.E.2d 166 (1st Dist. 1987).
Public Act 90-502, eff. Aug. 19, 1997, amended Section 22.23a of the Act to require the
Board to designate high intensity discharge lamps and fluorescent lamps as a category of universal
waste based on a proposal to be filed by the Agency. The Board adopted such amendments to the
Illinois hazardous waste rules on April 2, 1998, effective April 15, 1998. In The Matter of:
Amendments of 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733 (Standards For
Universal Waste Management) (April 2, 1998), R98-12.
USEPA periodically reviews the Illinois hazardous waste program. As a result of these
reviews, USEPA has granted Illinois a number of authorizations. The
Federal Register
citations
for the authorizations are listed as follows:
47 Fed. Reg. 21043 (May 17, 1982) (Phase I authorization).
51 Fed. Reg. 3778 (Jan. 30, 1986) (Phase II authorization), effective January 31, 1986.
53 Fed. Reg. 126 (Jan. 5, 1988) (partial HSWA authorization), effective March 5, 1988.
54 Fed. Reg. 37649 (Sep. 12, 1989) (approvals codified as 40 C.F.R. 272.700 and
272.701), effective November 13, 1989
55 Fed. Reg. 7320 (Mar. 1, 1990), effective April 30, 1990
56 Fed. Reg. 13595 (Apr. 3, 1991), effective June 3, 1991
57 Fed. Reg. 3731 (Jan. 31, 1992), effective March 31, 1992
59 Fed. Reg. 30525 (June 14, 1994), effective August 14, 1994
61 Fed. Reg. 10684 (Mar. 15, 1996), effective May 14, 1996
61 Fed, Reg. 40520 (Aug. 5, 1996), effective October 4, 1996
History of UIC Rules Adoption
The Board has adopted and amended Underground Injection Control (UIC) regulations in
several dockets to correspond with the federal regulations. One such docket, Amendments to
79
Phase I, RCRA Rules (January 13, 1983), R82-18, was a RCRA Subtitle C docket. The entire
listing of all UIC rulemakings follows:
R81-32
Underground Injection Control Regulations, Waste Disposal (May 13,
1982), R81-32; published at 6 Ill. Reg. 12479 (October 15, 1982), effective
February 1, 1984.
R82-18
Amendments to Phase I, RCRA Rules (January 13, 1983), R82-18;
published at 7 Ill. Reg. 2518 (March 4, 1983), effective May 17, 1982.
R83-39
Amendment of 35 Ill. Adm. Code 704.122,Underground Injection Control
(December 15, 1983), R83-39; published at 7 Ill. Reg. 17338
(December 20, 1983), effective December 19, 1983. (Amendments
adopted by USEPA on April 1, 1983.)
R85-23
UIC Update, USEPA Regulations (through June 30, 1985) (June 20 and
July 11, 1986), R85-23; published at 10 Ill. Reg. 13274 (August 8, 1986),
effective July 28 and 29, 1986.
R86-27
UIC Update (July 1, 1986, through December 31, 1986) (April 16, 1987),
R86-27. (Dismissed; no USEPA amendments in the update period.)
R87-29
UIC Update, USEPA Regulations (January 1, 1987, through June 30,
1987) (January 21, 1988), R87-29; published at 12 Ill. Reg. 6673 (April 8,
1988), effective March 28, 1988. (1/1/87 through 6/30/87)
R88-2
UIC Update, USEPA Regulations (July 1, 1987, through December 31,
1987) (June 30, 1988), R88-2; published at 12 Ill. Reg. 13700 (August 26,
1988), effective August 16, 1988.
R88-17
UIC Update, USEPA Regulations (January 1, 1988, through June 30,
1988) (December 15, 1988), R88-17; published at 13 Ill. Reg. 478
(January 13, 1989), effective December 30, 1988.
R89-2
UIC Update, USEPA Regulations (July 1, 1988, through December 31,
1988, (January 25, 1990), R89-2; published at 14 Ill. Reg. 3059 (March 2,
1990), effective February 20, 1990.
R89-11
UIC Update, USEPA Regulations (January 1, 1989, through June 30,
1989) (May 24, 1990), R89-11; published at 14 Ill. Reg. 11948 (July 20,
1990), effective July 9, 1990.
R90-5
UIC Update, USEPA Regulations (July 1, 1989, through December 31,
1989) (March 22, 1990), R90-5. (Dismissed; no USEPA amendments in
the update period.)
80
R90-14
UIC Update, USEPA Regulations (January 1, 1990, through June 30,
1990) (May 23, 1991), R90-14; published at 15 Ill. Reg. 11425 (August 9,
1991), effective July 24, 1991.
R91-4
UIC Update, USEPA Regulations (July 1, 1990, through December 31,
1990) (February 28, 1991), R91-4. (Dismissed; no USEPA amendments in
the update period.)
R91-16
UIC Update, USEPA Regulations (January 1, 1991, through June 30,
1991) (December 6, 1991), R91-16. (Dismissed; no USEPA amendments
in the update period.)
R92-4
UIC Update, USEPA Regulations (July 1, 1990, through December 31,
1990) (April 9, 1992), R92-4. (Dismissed; no USEPA amendments in the
update period.)
R92-13
UIC Update, USEPA Regulations (January 1, 1992, through June 30,
1992) (February 4, 1993), R92-13; published at 17 Ill. Reg. 6190
(April 16, 199), effective April 5, 1993.
R93-6
UIC Update, USEPA Regulations (July 1, 1992, through December 31,
1992) (August 5, 1993), R93-6; published at 17 Ill. Reg. 15641
(September 24, 1993), effective September 14, 1993.
R93-17
UIC Update, USEPA Regulations (January 1, 1993, through June 30,
1993) (September 23, 1993), R93-17. (Dismissed; no USEPA
amendments in the update period.)
R94-5
UIC Update, USEPA Regulations (July 1, 1993, through December 31,
1993) (November 3, 1994), R94-5; published at 18 Ill. Reg. 18244
(December 23, 1994), effective December 20, 1994.
R94-24
UIC Update, USEPA Regulations (January 1, 1994, through June 30,
1994) (October 6, 1994), R94-24. (Dismissed; the Board included the
USEPA amendments that occurred in the update period in RCRA Subtitle
C Update, USEPA Regulations (January 1, 1994, through June 30, 1994)
(October 20, 1994), R94-17.)
R95-4
UIC Update, USEPA Regulations (July 1, 1994, through December 31,
1994) (Consolidated with R95-6) (June 1 and 15, 1995, R95-4; 19 Ill. Reg.
9501 (July 14, 1995), effective June 27, 1995.
81
R95-18
UIC Update, USEPA Regulations (January 1, 1995, through June 30,
1995) (October 5, 1995), R95-18. (Dismissed; no USEPA amendments in
the update period.)
R96-8
UIC Update, USEPA Regulations (July 1, 1995, through December 31,
1995) (February 15, 1996, R96-8. (Dismissed; no USEPA amendments in
the update period.)
R97-3
UIC Update, USEPA Regulations (January 1, 1996, through June 30,
1996) Consolidated with R96-10 and R97-5 (November 6, 1997), R97-3,
published at 22 Ill. Reg. 256 (January 2, 1998), effective December 16,
1997.
R97-19
UIC Update, USEPA Regulations (July 1, 1996, through December 31,
1996) (May 1, 1997), R97-19. (Dismissed; no USEPA amendments in the
update period.)
R98-3
UIC Update, USEPA Regulations (January 1, 1997, through June 30,
1997) Consolidated R97-21 and R98-5 (August 20, 1998), R98-3;
published at 22 Ill. Reg. 17930 (October 9, 1998), effective September 18,
1998.
R98-19
UIC Update, USEPA Regulations (July 1, 1997, through December 31,
1997) (February 19, 1998), R98-19. (Dismissed; no USEPA amendments
in the update period.)
R99-7
UIC Update, USEPA Regulations (January 1, 1998, through June 3, 1998)
(Consolidated with R98-21 and R99-2) (December 17, 1998), R99-7;
published at 23 Ill. Reg. 1695 (February 5, 1999), effective January 19,
1999.
R99-13
UIC Update, USEPA Regulations (July 1, 1998, through December 31,
1998) (February 18, 1999), R99-13. (Dismissed; no USEPA amendments
in the update period.)
In two proceedings filed, the Board considered an adjusted standard from a UIC land
disposal restriction, pursuant to the procedures outlined above with respect to the RCRA Subtitle
C program:
AS 92-8
In the Matter of: Petition of Cabot Corporation for Adjusted Standard
from 35 Ill. Adm. Code 738, Subpart B (February 17, 1994), AS 92-8.
(Granted; no migration exception.)
AS 96-3
In the Matter of: Petition of Cabot Corporation for Adjusted Standard
from 35 Ill. Adm. Code 738, Subpart B (March 7, 1996), AS 92-8.
82
(Granted modification of the In the Matter of: Petition of Cabot
Corporation for Adjusted Standard from 35 Ill. Adm. Code 738, Subpart B
(February 17, 1994), AS 92-8, no migration exception.)
USEPA authorized the Illinois UIC program on March 3, 1984, at 49 Fed. Reg. 3991
(Feb. 1, 1984); codified that approval as 40 C.F.R. 147, Subpart O, at 49 Fed. Reg. 20197
(May 11, 1984); and amended the authorization at 53 Fed. Reg. 43087 (Oct. 25, 1988) and 56
Fed. Reg. 9414 (Mar. 6, 1991).
Agency or Board Action
Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the
program USEPA will retain decision making authority. Based on the general division of functions
within the Act and other Illinois statutes, the Board is also to specify which State agency is to
make decisions.
In situations in which the Board has determined that USEPA will retain decision-making
authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid
specifying which office within USEPA is to make a decision.
In some identical-in-substance rules, certain decisions pertaining to a permit application
are not appropriate for the Agency to consider. In determining the general division of authority
between the Agency and the Board, the following factors should be considered:
1.
Whether the person making the decision is applying a Board regulation, or taking
action contrary to (“waiving”) a Board regulation. It generally takes some form of
Board action to “waive” a Board regulation.
2.
Whether there is a clear standard for action such that the Board can give
meaningful review to an Agency decision.
3.
Whether the action would result in exemption from the permit requirement itself.
If so, Board action is generally required.
4.
Whether the decision amounts to “determining, defining or implementing
environmental control standards” within the meaning of Section 5(b) of the Act. If
so, it must be made by the Board.
There are four common classes of Board decisions: variance, adjusted standard, site-
specific rulemaking, and enforcement. The first three are methods by which a regulation can be
temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or
site-specific rulemaking). There often are differences in the nomenclature for these decisions
between the USEPA and Board regulations.
83
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify
that the above opinion was adopted on the 17th day of June 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
