ILLINOIS POLLUTION CONTROL BOARD
    October 23,
    1986
    IN THE MATTER OF:
    )
    RCRA UPDATE,
    USEPA REGULATIONS
    )
    R86-l9
    (1—31—86 THROUGH 3—31—86
    FINAL ORDER, ADOPTED RULE.
    FINAL OPINION OF THE BOARD
    (by 3.
    Anderson):
    By a separate Order, pursuant to Section 22.4(a)
    of the
    Environmental Protection Act
    (Act), the Board
    is amending
    the
    RCRA regulations.
    On May 22,
    1986,
    the Board opened this docket for
    the
    purpose of
    updating the RCRA rules
    to agree with recent USEPA
    amendments.
    On July 11,
    1986,
    the
    Board adopted
    a proposed
    Opinion and Order
    providing for publication of the text of
    proposed
    rules and allowing public comment.
    Section 22.4(a) of the Act
    (Ill.
    Rev.
    Stat.
    1985,
    ch.
    111
    1/2, par
    1022.4(a))
    governs adoption of regulations establishing
    the RCRA program
    in Illinois.
    Section 22.4(a) provides
    for quick
    adoption of regulations which are “identical
    in substance”
    to
    federal regulations.
    Neither Title VII of the Act nor Section 5
    of the Administrative Procedure Act applies to
    rules adopted
    under Section 22.4(a).
    Because this rulemaking
    is not subject to
    Section 5
    of the Administrative Procedure Act,
    it
    is not subject
    to
    review
    by the Joint Committee on Administrative Rules
    (JCAR).
    The
    federal
    RCRA
    regulations
    are
    found
    at
    40
    CFR
    260
    through
    270,
    and
    280.
    This
    rulemaking
    updates
    Illinois’
    RCRA
    rules
    to correspond with
    federal
    amendments adopted
    from February
    1 through March
    31,
    1986.
    The Federal Registers utilized
    are as
    follows:
    February 13,
    1986;
    51
    Fed. Beg.
    5327
    5331
    February 25,
    1986;
    51 Fed.
    Beg.
    6537
    6542
    March
    24,
    1986;
    51 Fed.
    Beg. 10145
    10178
    On September
    18,
    1986,
    the Board
    received codification
    comments ~fromthe Administrative Code Unit.
    The Board appreciates
    the assistance of Morton Dorothy, of the
    Board’s Scientific/Technical
    staff,
    in
    the preparation of the
    drafts
    in this proceeding,
    and
    of Kathleen Crowley,
    administrative assistant,
    in the coordination and
    oversight
    process.
    73-467

    —2—
    PUBLIC COMMENT
    The proposal appeared
    at 10
    Ill.
    Reg. 13500,
    August 15,
    1986.
    The Board received
    the
    following public comment:
    PC#1
    USEPA, August 21,
    1986
    PC#2
    Chemical Waste
    Management,
    Inc.,
    September 29,
    1986
    HISTORY OF RCRA and UIC ADOPTION
    The Illinois RCRA and UIC (Underground Injection Control)
    rules, together with more stringent
    state rules particularly
    applicable
    to hazardous waste,
    include the following:
    702
    RCRA and UIC Permit Programs
    703
    RCRA
    Permit
    Program
    704
    UIC
    Permit
    Program
    705
    Procedures
    for
    Permit
    Issuance
    709
    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
    729
    Landfills:
    Prohibited
    Wastes
    730
    UIC Operating Requirements
    731
    Underground
    Storage Tanks
    Special
    procedures
    for
    RCRA
    cases
    are
    included
    in
    Parts
    102,
    103,
    104
    and
    106.
    Adoption of these
    rules has proceeded
    in several
    stages.
    The
    Phase
    I
    RCRA
    rules
    were
    adopted
    and
    amended
    as
    follows:
    R81—22
    45
    PCB
    317,
    February
    4,
    1982,
    6
    Ill.
    Beg.
    4828,
    April 23,
    1982.
    R82—18
    51 PCB
    31, January 13,
    1983,
    7 Ill. Beg.
    2518,
    March
    4, 1983.
    Illinois received Phase
    I interim authorization on May 17,
    1982
    (47 Fed.
    Beg.
    21043).
    The UIC rules were adopted
    as follows:
    R8l—32
    47 PCB
    93,
    May 13,
    1982;
    October 15, 1982,
    6 Ill.
    Beg.
    12479.
    The UIC rules were amended
    in R82—18, which
    is referenced
    above.
    The UIC rules were also amended
    in R83—39:
    73-468

    —3—
    R83—39
    55 PCB 319, December 15, 1983;
    7 Ill. Beg.
    17338,
    December 20,
    1983.
    Illinois received UIC authorization February
    1,
    1984.
    The
    Board has recently updated the UIC rules:
    P85—23
    June 19,
    1986;
    10 Ill. Beg.
    13274, August
    8,
    1986.
    R86—27
    Opened July
    11, 1986.
    The Phase
    II RCRA rules included adoption of Parts 703 and
    724, which established the permit program and final TSD
    standards.
    The Phase
    II rules were adopted and amended
    as
    follows:
    P82—19
    53 PCB
    131, July 26,
    1983,
    7 Ill. Reg.
    13999,
    October
    28,
    1983.
    R83—24
    55 PCB 31,
    December 15,
    1983,
    8 Ill.
    Beg.
    200,
    January
    6,
    1984.
    On September
    6,
    1984,
    the Third District Appellate Court
    upheld the
    Board’s actions
    in adopting R82—19 and R83—24.
    (Commonwealth Edison et
    al.
    v.
    IPCB,
    127 Ill.
    App.
    3d 446;
    468 NE
    2d 1339
    (Third Dist.
    1984).)
    The Board updated
    the RCPA rules
    to correspond with USEPA
    amendments
    in several dockets:
    P84—9
    June 13, 1985;
    9 Ill.
    Beg. 11964,
    effective July
    24,
    1985.
    R85—22
    December
    20, 1985
    and January
    9,
    1986;
    10 Ill. Reg.
    968, effective January
    2,
    1986.
    R86—l
    July 11,
    1986;
    10 Ill. Beg.
    13998, August
    22,
    1986.
    R86—19
    Proposed July 11,
    1986;
    10 Ill. Reg.
    13500, August
    15,
    1986.
    R86—28
    Opened July 11,
    1986.
    Illinois received
    final
    authorization
    for
    the
    RCRA
    program
    effective January
    31, 1986.
    The
    Board
    added
    to
    the
    federal
    listings
    of
    hazardous
    waste
    by listing dioxins pursuant
    to Section 22.4(d)
    of the Act:
    R84—34
    November 21, 1984,
    61 PCB
    247;
    8 Ill. Reg.
    24562,
    effective December 11,
    1984.
    This
    was
    effectively
    repealed
    by
    P85—22,
    which
    included
    adoption
    of
    USEPA’s
    dioxin
    listings.
    73-469

    —4—
    The Board
    has adopted
    procedures to be followed
    in cases
    before
    it
    involving the RCRA rules:
    R84—l0
    December 20,
    1984 and January 10, 1985,
    62 PCB 87,
    349;
    9 Ill.
    Beg.
    1383, effective January 16, 1985.
    The Board also
    adopted
    in Part 106 special procedures
    to be
    followed
    in certain determinations.
    Part 106 was adopted in R85-
    22, which is listed above.
    The
    Board
    has also adopted
    requirements limiting and
    restricting the landfilling of liquid hazardous waste
    and
    hazardous wastes containing
    halogenated
    compounds:
    P81—25
    October 25,
    1984,
    60 PCB 381;
    8
    Ill.
    Peg.
    24124,
    December
    4,
    1984;
    P83—28
    February 26,
    1986;
    10 Ill.
    Beg.
    4875, effective
    March
    7, 1986.
    The Board
    has opened
    two new dockets dealing with
    restrictions on landfilling liquid hazardous waste.
    P86—9
    concerns implementation of Section 39(h)
    of the Act, while
    R86—ll
    concerns the relationship of
    the liquid hazardous waste ban to
    the USEPA liguid hazardous waste
    bans.
    (Orders
    of February 26,
    1986,
    and June
    11, 1986.)
    DETAILED DISCUSSION
    The USEPA amendments involved
    in this update
    are summarized
    as
    follows:
    51 Fed.
    Reg. 5330
    Listing
    of wastes produced from the
    manufacture of ethylene dibromide.
    51
    Fed. Reg.
    6541
    Listing
    of solvent wastes
    from use of
    1,1,2—trichloroethane, benzene,
    2—
    ethoxyethanol
    and nitropropane.
    51
    Fed. Reg. 10174
    Regulation of generators between 100
    and
    1000
    kg per month
    Section 703.124
    This Section
    is drawn
    from 40 CFP 270.1, which was amended
    at
    51
    Fed.
    Beg.
    10174.
    Paragraph
    (a)
    has been amended
    to remove
    the reference
    to
    the
    90 day accumulation period.
    Instead, the
    time periods of Section 722.134 are referenced generally,
    since
    they will
    no longer be 90 days
    in
    all cases.
    Section 703.150
    This Section
    is drawn from 40 CFR 270.10(e), which was
    amended at
    51 Fed.
    Peg. 10174.
    It was also recently amended
    in
    73-470

    —5—
    R86-l.
    Paragraph
    (d)
    has been added.
    This will
    require small
    quantity generators above 100 kg per month which dispose of
    hazardous waste on—site
    to apply for permits by March 24, 1987.
    Section 720.110
    This Section
    is drawn from 40 CFR 260.1, which was amended
    at
    51 Fed.
    Reg. 10174.
    “Small quantity generator”
    has been
    defined
    as
    a person who generates less than
    1000 kg
    in
    a calendar
    month.
    Note that this includes persons who generate less than
    100
    kg
    per
    month.
    Section 721.101
    This Section
    is drawn from 40 CFR 261.1, which was amended
    at
    51 Fed.
    Peg. 10174.
    Paragraph (a)(1)
    has been amended
    to
    reference “conditionally exempt” small quantity generators, which
    is defined
    in Section 721.105.
    A reference to Part 726 has also
    been added,
    and the terminology referencing
    recycled waste
    has
    been updated.
    Section 721.105
    This Section
    is drawn from 40 CFR 261.5,
    which was amended
    at
    51 Fed.
    Beg.
    10174.
    It was also recently amended
    in P86—i.
    This Section defines “conditionally exempt”
    small quantity
    generators.
    Paragraph
    (g) specifies the conditions
    for exemption
    of
    a small quantity generator under
    100
    kg per month.
    Section 721.131
    This Section
    is drawn from 40 CFR 261.31,
    which was amended
    at
    51
    Fed.
    Peg.
    6541.
    It was also recently amended
    in R86—1.
    The
    amendments add
    to
    the solvent listings F002 and
    F005.
    l,l,2—trichloroethane has been added
    for F002,
    and benzene,
    2—
    ethoxyethanol and 2—nitropropane have been added
    to
    F005.
    Section 721.132
    This Section
    is drawn from 40 CFR 261.32,
    which was amended
    at
    51 Fed.
    Peg.
    5330.
    It was also recently amended
    in R86—l.
    The amendments add generic wastes
    1117,
    Kl18
    and
    1136.
    These
    are
    wastes
    from
    the
    production
    of
    ethylene
    dibromide
    by
    bromination of ethene.
    Section
    721.133
    This Section
    is drawn from 40 CFR 261.33, which was amended
    at
    51
    Fed.
    Peg.
    6541
    arid
    10174.
    It was also recently amended
    in
    P86—i.
    73-471

    —6—
    The
    amendments derived from 51 Fed. Beg.
    6541 identify 2—
    nitropropane as toxic
    as well as
    flammable,
    and add U359,
    2-
    ethoxyethanol, to
    the list of toxic wastes.
    The
    amendments derived from 51 Fed.
    Beg.
    10174 change the
    introductory language
    to Section 721.133(f)
    to
    reference the
    revised
    small quantity generator exclusion rule of Section
    721.105(a)
    and
    (g).
    Section 721.Appendix
    C
    This Section
    is drawn
    from 40 CFR 261, Appendix III, which
    was amended
    at
    51
    Fed.
    Reg.
    5330
    and 6541.
    It was also recently
    amended
    in P86—1.
    The amendments specify analytical
    techniques
    for
    ethylene
    dibromide,
    2—ethoxyethanol
    and
    2—nitropropane.
    The
    Board
    has
    updated
    the
    incorporation
    by
    reference
    of
    this
    table.
    Section
    72l.Appendix
    G
    This Section
    is drawn
    from 40 CFR 261, Appendix VII, which
    was amended
    at
    51 Fed. Peg.
    5330
    and 6541.
    It was also recently
    amended
    in P86—i.
    The amendments derived from 51 Fed.
    Beg.
    5330 list ethylene
    dibromide
    as the constituent
    which caused
    1117,
    1118
    and K136
    to
    be
    listed.
    The
    amendments
    at
    51
    Fed.
    Beg.
    6541
    identify
    1,1,2—
    trichloroethane
    as
    a constituent which caused F002
    to be listed,
    and 2—ethoxyethanol, benzene and 2—nitropropane as constituents
    which caused F005
    to be listed.
    Section 721. Appendix H
    This Section
    is drawn from 40 CFP 261, Appendix VIII,
    which
    was amended at
    51 Fed.
    Beg.
    6541.
    It was also recently amended
    in P86—1.
    The amendments add 2—ethoxyethanol
    and 2—nitropropane
    to the list of hazardous constituents.
    Section 722.120
    This Section
    is drawn from 40 CFR 262.20,
    which was amended
    at
    51
    Fed.
    Peg.
    10174.
    This Section creates an exemption from
    the manifest requirements for
    small quantity generators above 100
    kg per month
    which
    have with
    a reclaimer
    a contract which
    specifies the type and frequency of shipments, which must be made
    on the recycler’s vehicles.
    The generator
    is required
    to
    maintain
    a
    copy
    of
    the
    reclamation
    agreement
    for
    at
    least
    three
    years
    after
    its
    expiration.
    This
    is
    similar
    to
    the
    “Safety—
    Kleen”
    exemption
    from
    the
    Part
    809
    manifest
    requirement.(Safety—
    Kleen v.
    IEPA
    PCB
    80—12;
    39
    PCB
    38,
    July
    10,
    1980;
    Supreme
    Court
    Rule
    23 Order,
    2d District, September
    18,
    1981.)
    73-472

    —7—
    Section 722.134
    This Section
    is drawn
    from 40 CFR 262.34, which was amended
    at
    51
    Fed.
    Beg. 10174.
    Paragraphs
    (d),
    (e)
    and
    (f)
    add
    accumulation times applicable
    to small quantity generators over
    100
    kg per month.
    The
    small quantity generator
    is allowed
    to accumulate
    hazardous waste
    for up to 180 days, provided the total never
    exceeds 6000
    kg.
    The generator has to comply with the usual
    storage,
    dating
    and labeling requirements
    for the accumulated
    waste, except that the
    small quantity generator must follow
    certain specified emergency procedures,
    instead of having
    to
    prepare
    a plan pursuant
    to Part 725.
    The small quantity
    generator has
    to name
    an emergency coordinator,
    train employees
    and take certain actions
    in
    the event of
    a spill
    or
    fire.
    Paragraph
    (e)
    allows the small quantity generator
    to
    accumulate waste
    for
    up to 270 days
    if
    the generator has to
    transport the waste more than 200 miles
    for off—site
    management.
    The same quantity limits and requirements apply to
    such
    a generator.
    Paragraph
    (f), as proposed provided that the small quantity
    generator which exceeds the accumulation amounts or
    times
    is
    subject
    to
    the RCRA hazardous waste management permit
    requirements.
    However,
    the Agency was authorized
    to extend
    the
    time limitations
    for
    up to
    30 days at its discretion,
    “due
    to
    uriforseen,
    temporary and uncontrollable circumstances.”
    Chemical Waste Management objected
    to the extension
    provision on the basis that it was
    a variance provision which
    could only be acted
    on by the Board.
    (PC#2).
    The
    Board
    agrees
    with
    Chemical
    Waste
    Management
    that
    this
    provision
    as
    well
    as
    a
    similar
    provision
    in paragraph
    (b)
    must be
    changed
    a)
    to comport with
    the
    bifurcated
    Illinois
    system,
    b)
    to
    remove the discretionary authority (i.e. unappealable)
    language,
    and
    c)
    because such determinations have the major effect of
    placing
    the generator
    in or out of the Board permit system.
    Therefore,
    the language
    in both paragraphs
    (b)
    and
    (f)
    has
    been
    changed
    to utilize the provisional
    variance/variance routes,
    with the restrictions that no variance can exceed 30 days and
    that
    the
    arbitrary
    or
    unreasonable
    hardship
    showing
    is
    confined
    only
    to that which is due
    to
    a combination of “unforeseen,
    temporary
    and
    uncontrollable
    circumstances”.
    Section
    722.144
    This
    new
    Section
    is
    drawn
    from
    40
    CFR
    262.44,
    which
    was
    amended at
    51
    Fed.
    Peg.
    10174.
    The
    small quantity generator
    above
    100
    kg per month
    is exempt
    from recordkeeping
    and reporting
    requirements except as specifically provided.
    The
    small quantity
    73-473

    —8—
    generator above 100 kg
    per
    month
    must
    keep
    records
    concerning
    accumulation times and quantities
    in the preceding Section.
    Such
    generators must also keep copies of manifests and test results as
    specified
    in Section 722.140,
    and
    retain records for longer
    periods if instructed
    to do
    so.
    Section 723.120
    This Section
    is drawn from 40 CFR 263.20, which was amended
    at
    51
    Fed.
    Peg. 10174.
    This Section complements Section
    722.120(e).
    It exempts
    a recycler
    from the transporter
    requirements when the recycler
    is carrying waste
    from
    a small
    quantity generator above 100 kg per month pursuant
    to
    a
    reclamation
    agreement.
    The
    recycler
    has
    to carry
    a
    shipping
    paper with the manifest information on
    it, and
    retain records for
    at
    least
    three
    years.
    This
    Final
    Opinion
    supports
    the
    Board’s
    Order
    amending
    the
    BCRA rules of this same day.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify tj~tthe above Opinion was adopted on
    the ~~-‘~day
    of
    ~
    ,
    1986,
    by a vote of
    ~
    Dorothy M. d~nn,Clerk
    Illinois Pollution Control Board
    73-474

    Back to top