ILLINOIS POLLUTION CONTROL BOARD
    October 2, 1997
    IN THE MATTER OF:
    PETITION OF AMOCO OIL COMPANY
    FOR ADJUSTED STANDARD FROM
    35 ILL. ADM. CODE 721.132
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    AS 96-6
    (Adjusted Standard - RCRA)
    ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon the petition filed by Amoco Oil Company
    (Amoco) on December 28, 1995, as amended on August 11, 1997. By its amended petition,
    Amoco seeks an adjusted standard to exclude certain waste in its “Pond 1 Landfill” in Wood
    River, Illinois, from “hazardous” classification under 35 Ill. Adm. Code 721 Subpart D,
    pursuant to 35 Ill. Adm. Code 720.122.
    Amoco filed its initial “Petition for Adjustment of Standard Pursuant to 415 ILCS
    5/28.1” (Petition) on December 28, 1995. On March 20, 1996, the Illinois Environmental
    Protection Agency (Agency) filed its “Response to Petition for Adjusted Standard”
    (Response). In its Response, the Agency recommended denial of the Petition due to an
    asserted insufficiency of information presented in the Petition. Among the issues raised by the
    Agency was that at least four samples must be tested to adequately represent the waste, and
    Amoco took only three samples. Response at 3-4. On August 11, 1997, after discussions with
    the Agency, Amoco filed an “Amendment to Petition for Adjusted Standard Pursuant to 415
    ILCS 5/28.1” (Amended Petition) providing additional information. Although Amoco
    submitted additional analysis explaining why the samples tested were representative of the
    waste, the Amended Petition does not reflect testing of any additional waste samples. The
    Agency filed its “Amended Response to Amended Petition for Adjusted Standard” on
    September 12, 1997, in which it recommended that the Board grant the adjusted standard with
    the conditions indicated in the Amended Petition. The Agency does not address whether the
    samples are adequate to satisfy RCRA delisting requirements.
    Certain requirements are imposed in connection with RCRA hazardous waste delisting
    petitions under 35 Ill. Adm. Code 720.122. Of particular significance in this case is
    Subsection (h), which provides:
    h)
    Demonstration samples must consist of enough
    representative samples, but in no case less than four
    samples, taken over a period of time sufficient to
    represent the variability or the uniformity of the waste.
    Also of import in this case is Subsection (q), which provides:
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    q)
    The Board will not grant any petition that would render
    the Illinois RCRA program less stringent than if the
    decision were made by U.S. EPA.
    Subsection (q) is of significance because 35 Ill. Adm. Code 720.122(h) derives from 40 CFR
    260.22(h).
    Notwithstanding Amoco’s analysis of adequacy of the number of samples, it appears
    undisputed that less than the required four samples have been submitted. In light of the
    directive of 35 Ill. Adm. Code 720.122(q) and the provisions of 40 CFR 260.22(h), the parties
    are directed to file with the Board, on or before November 1, 1997, briefs explaining whether
    and why the Board can grant the requested adjusted standard without jeopardizing Illinois’
    RCRA delisting authorization.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 2nd day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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