ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    IN MATTER OF:
    REVISION OF THE WASTE DISPOSAL
    RULES: AMENDMENT TO 35 ILL. ADM.
    CODE 817.101.
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    R97-27
    (Rulemaking - Land)
    ORDER OF THE BOARD (by K. M. Hennessey):
    On March 4, 1997, the Illinois Cast Metals Association (ICMA) filed a proposal to
    amend 35 Ill. Adm. Code 817.101, which is the Scope and Applicability section of Part 817,
    Requirements for New Steel and Foundry Industry Wastes Landfills. ICMA was one of the
    proponents of R90-26, wherein the Board adopted the regulations ICMA now seeks to change.
    At this time, ICMA proposes to expand the applicability of the Part 817 regulations to include
    non-putrescible wastes produced by steel and foundry processes covered by SIC Codes 3365
    and 3366, with the exception of those foundries that pour leaded brass.
    ICMA asserts that since the R90-26 rulemaking, certain non-ferrous foundries have
    determined that their waste streams consistently meet the maximum allowable leaching
    concentrations (MALC) for beneficially usable waste specified at 35 Ill. Adm. Code 817.105.
    Based on this information, ICMA maintains that the waste streams from the non-ferrous
    foundries covered by SIC Codes 3365 and 3366, with the exception of those foundries that
    pour leaded brass, present no more risk to human health and the environment when properly
    managed under Part 817 than do the waste streams of ferrous foundries covered by the original
    rulemaking.
    The Board finds that the petition meets the minimum requirements of 35 Ill. Adm.
    Code 102.160(a) and accordingly accepts the matter for hearing. We hereby direct the hearing
    officer assigned to this matter to schedule hearings as required pursuant to Title VII of the
    Illinois Environmental Protection Act (415 ILCS 5/26 et seq.). Due to the brevity of the
    petition, however, the hearing officer order will also establish a schedule for pre-filed
    testimony.
    In addition, ICMA has filed a motion to waive the requirement of 35 Ill. Adm. Code
    102.121(h) that its proposal be accompanied by a petition signed by 200 persons. The motion
    is granted.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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