ILLINOIS POLLUTION CONTROL BOARD
May 21, 1998
IN THE MATTER OF:
)
)
R97-21
RCRA UPDATE, USEPA REGULATIONS
)
(Identical-in-Substance Rulemaking
(July 1, 1996, through December 31, 1996)
)
- Land)
______________________________________
IN THE MATTER OF:
)
)
R98-3
UIC UPDATE, USEPA REGULATIONS
)
(Identical-in-Substance Rulemaking
(January 1, 1997, through June 30, 1997)
)
- Land)
______________________________________
IN THE MATTER OF:
)
)
R98-5
RCRA UPDATE, USEPA REGULATIONS
)
(Identical-in-Substance Rulemaking
(January 1, 1997, through June 30, 1997)
)
- Land)
Proposed Rule. Proposal for Public Comment.
OPINION OF THE BOARD (by K.M. Hennessey):
Under Sections 13(c) and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS
5/13(c) & 22.4(a) (1996)), the Board proposes amendments to the Illinois regulations that are
“identical-in-substance” to hazardous waste regulations adopted by the United States
Environmental Protection Agency (USEPA) to implement Subtitle C of the federal Resource
Conservation and Recovery Act of 1976 (RCRA Subtitle C), 42 U.S.C. §§ 6921
et seq
.
(1996). The Board further proposes amendments to the Illinois regulations that are “identical-
in-substance” to underground injection control (UIC) regulations adopted by the USEPA to
implement provisions of the Safe Drinking Water Act (SDWA), 42 USC § 300h
et seq
.
(1996). The nominal timeframe of this consolidated docket includes federal RCRA Subtitle C
amendments adopted by USEPA in the periods July 1, 1996, through December 31, 1996, and
January 1, 1997, through June 30, 1997. The nominal timeframe also includes federal UIC
amendments adopted in the period January 1, 1997, through June 30, 1997.
Section 22.4(a) provides for quick adoption of regulations that are “identical-in-
substance” to federal regulations adopted by USEPA to implement Sections 3001 through 3005
of RCRA, 42 U.S.C. §§ 6921-6925 (1996) and that Title VII of the Act and Section 5 of the
Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40 (1996)) shall not apply. The
federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 268, 270 through
271, 279, and, more recently, 273. Section 13(c) similarly provides for quick adoption of
regulations that are “identical-in-substance” to federal regulations adopted by USEPA to
implement Section 1421 of SDWA, 42 U.S.C. § 300h (1996)). The federal UIC regulations
2
are found at 40 C.F.R. 144 through 148. Because this consolidated rulemaking is not subject
to Section 5 of the APA, it is not subject to first notice or to second notice review by the Joint
Committee on Administrative Rules (JCAR).
This proposed opinion supports a proposed order that the Board also adopts today. The
Board will cause the proposed amendments to be published in the
Illinois Register
and will
hold the docket open to receive public comments for 45 days after the date of publication.
PROCEDURAL BACKGROUND
In January 1997, the Board reserved docket R97-21 for amendments to the federal
RCRA Subtitle C hazardous waste management regulations that USEPA adopted in the period
of July 1, 1996, through December 31, 1996. In July 1997, the Board reserved docket R98-5
for RCRA Subtitle C amendments that USEPA adopted in the period of January 1, 1997,
through June 30, 1996, and docket R98-3 for federal UIC program amendments that occurred
in the same period. Under Section 7.2 of the Act, the deadline for Board adoption of
amendments under docket R97-21 was July 1, 1997, which was one year after the earliest
federal amendments that occurred in the timeframe of the docket. The deadline for Board
adoption of amendments under RCRA Subtitle C docket R98-3 was similarly February 12,
1998, and that for UIC docket R98-5 was May 12, 1998.
Section 7.2 of the Act provides that the Board can extend the deadline for adoption of
identical-in-substance amendments by publishing a notice in the
Illinois Register
that states the
reasons for delay. On September 18, 1997, the Board adopted an order that consolidated
RCRA Subtitle update C dockets (R97-21 and R98-5) and UIC update docket (R98-3). The
principal reasons for consolidation were similarities and overlap of subject matters and the
need to proceed as expeditiously as possible. The September 18, 1997, order further set forth
reasons a reasons for delay at to the amendments involved in docket R97-21. The principal
reasons given for delay related to the difficulties in finalizing the amendments in the prior
consolidated RCRA Subtitle C and UIC docket, In the Matter of: RCRA Update, USEPA
Regulations (July 1, 1995, through December 31, 1995), UIC Update, USEPA Regulations
(January 1, 1996, through June 30, 1996), RCRA Update, USEPA Regulations, (January 1,
1996, through June 30, 1996) (Nov. 6, 1997), R96-10/R97-3/R97-5 (consolidated) (called
“R96-10/R97-3/R97-5” in this discussion).
The Board ultimately adopted the over-650 pages of amendments in prior docket R96-
10/R97-3/R97-5 on November 6, 1997, and filed them with the Secretary of State on
December 16, 1997. On April 16, 1998, the Board adopted a second reasons for delay order
in this R97-21/R98-3/R98-5 docket, essentially setting forth the same reasons for delay. The
second reasons for delay order set forth an extended deadline for adoption of November 15,
1998, which is the present due date for adoption of these R97-21/R98-3/R98-5 amendments.
(See 22 Ill. Reg. 7709 (May 1, 1998).)
3
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
Three separate dockets are involved in this proceeding. R97-21 includes federal RCRA
Subtitle C amendments that occurred during the period July 1, 1996, through December 31,
1996. R98-3 includes federal UIC amendments that occurred in the period January 1, 1997,
through June 30, 1997. Finally, R98-5 includes the federal RCRA Subtitle C amendments that
occurred in the period January 1, 1997, through June 30, 1997. The following briefly
summarizes the federal actions that occurred in each of these separate docket numbers. It also
states what action is required of the Board as a result of each action.
Docket R97-21: July 1, 1996, through December 31, 1996, RCRA Subtitle C
Amendments
USEPA amended the federal RCRA Subtitle C regulations several times during the
period July 1, 1996, through December 31, 1996. These are summarized as follows:
Federal Action and Summary
61 Fed. Reg. 34251 (July 1, 1996)
USEPA adopted revisions establishing that only those non-municipal non-hazardous waste
disposal units that meet specific standards may receive conditionally exempt small quantity
generator (CESQG) hazardous wastes.
61 Fed. Reg. 36419 (July 10, 1996)
USEPA corrected typographic errors in certain of the April 8, 1996, Phase III land disposal
restriction (LDR) amendments.
61 Fed. Reg. 40520 (August 5, 1996)
USEPA authorized additional segments of the Illinois RCRA Subtitle C hazardous waste
program.
61 Fed. Reg. 43927 (August 26, 1996)
USEPA adopted emergency amendments to the April 8, 1996, Phase III land disposal
restrictions (LDR) treatment standards for carbamate wastes due to analytical problems with
those wastes.
61 Fed. Reg. 56631 (November 4, 1996)
USEPA published a correction to the text of its rules in the Code of Federal Regulations (40
C.F.R. 266.100(c)(3)(i)) due to the fact that segments were missing from the text.
61 Fed. Reg. 59931 (November 25, 1996)
USEPA adopted “final” organic air emission standards for tanks, surface impoundments, and
containers (the “Subpart CC” rules).
4
The Board has taken or will not need to take action based on some of the federal RCRA
Subtitle C amendments that occurred during the period of July 1, 1996, through December 31,
1996. The Board dealt with the federal actions of July 10, 1996, August 26, 1996, and
November 25, 1996, in the consolidated R96-10/R97-3/R97-5 RCRA Subtitle C/UIC update
docket, adopted on November 6, 1997, and filed with the Secretary of State to become
effective on December 16, 1997. Consolidated docket R96-10/R97-3/R97-5 adopted the Phase
III LDRs, and the Board included the later corrections of July 10, 1996, and August 26, 1996.
Similarly, the Board included the federal “final” Subpart CC amendments of November 25,
1996, because other amendments to Subpart CC were involved in docket R96-10/R97-3/R97-
5. The August 5, 1996, federal authorization of additional elements of the Illinois RCRA
Subtitle C hazardous waste program will not require the Board to take any action. Rather, the
Board notes the federal action, and we add this authorization to the listing of federal approvals
that appears in this and future RCRA Subtitle C opinions. Similarly, the federal C.F.R.
correction of November 4, 1996, requires no Board action, since the Board based its rules on
the
Federal Register
and never incorporated the errors in the C.F.R..
In summary, with regard to the docket R97-21 segment of this proceeding, the Board
will need to take action only on the federal action of July 1, 1996. The Board is taking action
to make corresponding amendments to the Illinois RCRA Subtitle C regulations under this
consolidated docket.
Docket R98-5: January 1, 1997, through June 30, 1997, RCRA Subtitle C
Amendments
USEPA amended its RCRA Subtitle C regulations several more times during the six-
month time period of docket R98-5. The federal actions during this period of January 1,
1997, through June 30, 1997, are summarized as follows:
Federal Action and Summary
62 Fed. Reg. 1678 (January 13, 1997)
USEPA adopted a change in name and ownership of Envirite Corp.
62 Fed. Reg. 1834 (January 14, 1997)
USEPA amended the addresses for its Region V headquarters.
62 Fed. Reg. 1991 (January 14, 1997)
USEPA extended the national capacity variance for spent potliners from primary aluminum
production (K088 waste) for 6 months.
62 Fed. Reg. 6621 (February 12, 1997)
USEPA amended various parts of the rules to identify when conventional and chemical
military munitions become hazardous waste under RCRA.
5
62 Fed. Reg. 7502 (February 19, 1997)
USEPA adopted technical amendments to the tables in the Phase III land disposal restriction
rule.
62 Fed. Reg. 25998 (May 12, 1997)
USEPA adopted the Phase IV land disposal restriction amendments for hazardous waste
generated from wood processing operations.
62 Fed. Reg. 32452 (June 13, 1997)
USEPA amended the hazardous waste testing and monitoring regulations.
62 Fed. Reg. 32974 (June 17, 1997)
USEPA amended to hazardous waste regulations regarding delisting of carbamate waste as
hazardous under RCRA.
As with the previous docket, the Board will not need to act in docket R98-5 based on
some of the January 1, 1997, through June 30, 1997, federal RCRA Subtitle C amendments.
In In the Matter of: Petition of Envirite Corp. for an Adjusted Standard from 35 Ill. Adm.
Code 720.Subprt D: List of Hazardous Substances) (December 14, 1994) AS 94-10, the
Board expressly superseded the former federally-derived hazardous waste delisting for
Envirite, so the Board repealed the former identical-in-substance delisting in In the Matter of:
RCRA Update, USEPA Regulations (July 1, 1994, through December 31, 1994), UIC Update,
USEPA Regulations (January 1, 1994, through June 30, 1996) (June 1, 1995), R95-6/R95-4
(called “R95-4/R95-6” in this discussion), filed with the Secretary of State and effective on
June 27, 1995. Therefore, the Board need not take any further action on the January 13,
1997, federal change in the Envirite hazardous waste delisting. The Board dealt with the
January 14, 1997, emergency extension of the national capacity variance of K088 waste, the
federal Phase III amendments of February 19, 1997, and the carbamate rule amendments of
June 17, 1997, in the prior update docket R96-10/R97-3/R97-5. Therefore, no regulatory
amendments are necessary based on these USEPA actions.
The Board will need to act with regard to the rest of the federal actions involved in the
R98-5 segment of this consolidated docket—
i.e.
, those of January 14, 1997, February 12,
1997, May 12, 1997, and June 13, 1997. The Board is taking action to make corresponding
amendments to the Illinois RCRA Subtitle C regulations under this consolidated docket.
Docket R98-3: January 1, 1997, through June 30, 1997, UIC Amendments
Federal Action and Summary
62 Fed. Reg. 1834 (January 14, 1997)
Amendments to USEPA addresses.
62 Fed. Reg. 25998 (May 12, 1997)
6
Phase IV land disposal restriction amendments for hazardous waste generated from wood
processing operations.
The Board will not need to act in docket R98-3 based on one of the January 1, 1997,
through June 30, 1997, federal RCRA Subtitle C amendments. The January 14, 1997, action
to change the address for USEPA Region V did not affect any UIC rule that the Board has
incorporated into the Illinois UIC regulations.
On the other hand, as discussed above in relation with the docket R98-5 segments of
this consolidated rulemaking, the Board is acting under docket R98-3 with regard to the
described USEPA May 12, 1997, Phase IV LDR amendments. The May 12, 1997, Phase IV
LDRs are the sole set of amendments in this consolidated docket that will prompt amendment
of the Illinois UIC rules.
Summary List of Federal Actions Forming the Basis of the Board’s Actions in
this Docket
Five federal actions form the basis for Board action in this consolidated docket. Those
five actions are the following:
61 Fed. Reg. 34251 (July 1, 1996)
Revisions establishing that only those non-municipal non-hazardous waste disposal units
that meet specific standards may receive CESQG hazardous wastes. (RCRA only)
62 Fed. Reg. 1834 (January 14, 1997)
Amendments to USEPA addresses. (RCRA only)
62 Fed. Reg. 6621 (February 12, 1997)
Amendments to segments of the rules that identify when conventional and chemical
military munitions become hazardous waste under RCRA. (RCRA only)
62 Fed. Reg. 25998 (May 12, 1997)
Phase IV land disposal restriction amendments for hazardous waste generated from
wood processing operations. (RCRA and UIC)
62 Fed. Reg. 32452 (June 13, 1997)
Amendments to the hazardous waste testing and monitoring regulations. (RCRA only)
PUBLIC COMMENTS
The Board will receive public comments on this proposal for a period of 45 days
following its publication in the
Illinois Register
. After that time, the Board will immediately
consider adoption of the amendments, making any necessary changes made evident through the
public comments. The Board will delay filing any adopted rules with the Secretary of State for
30 days after adoption, particularly to allow additional time for USEPA to review the adopted
7
amendments before they are filed and become effective. The complete text of the proposed
amendments appears in a separate order adopted this day.
Prior to adopting a proposal for public comment, the Board received two public
comments on the amendments. Those comments are as follows:
PC 1
Copy of March 31, 1998, letter from William C. Child, Chief, Illinois
Environmental Protection Agency (Agency), Bureau of Land, to Susan Mooney,
USEPA Region V (received April 3, 1998).
PC 2
Letter of April 13, 1998, letter from Michael F. Nechvatal, Acting Manager,
Illinois EPA, Division of Land Pollution Control (received April 16, 1998).
In PC 1, the Agency’s March 31, 1998, letter to USEPA, explains the current
regulatory status of CESQG waste in Illinois. It explains that disposal of hazardous waste is
currently prohibited under the Illinois RCRA Subtitle D municipal solid waste landfill
(MSWLF) regulations (35 Ill. Adm. Code 811). PC 1 states that the Agency is considering
proposing to the Board amendments to the MSWLF rules that would allow the disposal of
CESQG waste in Subtitle D facilities. PC 1 concludes that it would submit an application for
federal primacy review of any such amendments to the Illinois MSWLF rules.
In PC 2, the Agency directs the Board’s attention to the fact that the Illinois MSWLF
rules prohibit the disposal of hazardous waste in a RCRA Subtitle D facility. The Agency
notes that if the Board incorporates the federal CESQG waste into the Illinois regulatory
scheme, there are certain dangers the Board must bear in mind. First, if the CESQG waste
requirements are read to include facilities regulated under the unpermitted landfill requirements
of 35 Ill. Adm. Code 815 or the steel and foundry waste landfill requirements of 35 Ill. Adm.
Code 817, the inclusion of these unpermitted facilities could jeopardize federal authorization of
the Illinois RCRA Subtitle D program. Second, the Board could inadvertently repeal or create
confusion over the continued applicability of prohibitions in the Illinois MSWLF rules against
depositing hazardous waste at RCRA Subtitle D facilities. Finally, the Agency highlights that
allowing the disposal of hazardous waste at MSWLF facilities could 1) raise certain ancillary
issues, such as the need for prior local siting approval under Section 39.2 of the Act, and 2)
affect the statutory tipping fee structure. (Compare 415 ILCS 5/22.15-22.16a (1996) with 415
ILCS 5/22.2 & 22.8 (1996).)
The Board addresses the Agency’s concerns expressed in PC 1 and PC 2 in the detailed
discussion of the July 1, 1996, federal CESQG waste amendments, beginning below on page
30 of this opinion.
DISCUSSION
The federal actions that underlie this proceeding require amendment of the Illinois
RCRA Subtitle C and UIC regulations. This discussion briefly focuses on each by subject
matter, indicating the specific details of the actions taken by the Board where pertinent.
8
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some minimal deviation from
the federal text was 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. Sometimes the federal text uses flawed
language or lacks consistency and clarity. 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.
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, 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 “shall” for “will;” capitalized the section headings and corrected their format
where necessary; and corrected punctuation within sentences.
In addition to the amendments derived from federal amendments, the Board has altered
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 has also made a number of nonsubstantive corrective and stylistic revisions.
A number of these are routine and do not warrant further elaboration, such as updating the
citations to the Code of Federal Regulations to the 1997 version. Some amendments are also
prompted by a series of requests by JCAR staff that the Board make corrections to the rules
adopted in the prior consolidated update docket R96-10/R97-3/R97-5. We have incorporated
the JCAR-requested corrections in this docket with two exceptions: (1) the Board did not
make the requested changes where there were no federal amendments prompting amendment to
the pertinent Part, and (2) the Board did not make the requested changes where the federal
amendments involved in this proceeding required deletion of the text in question.
The Board has engaged in an ongoing effort to change its method of referring to the
United States Environmental Protection Agency in the hazardous waste and other regulations
through the course of the last several update proceedings. Subsequent to the Board’s final
opinion and order in the next preceding update, R95-4/R95-6 dated June 1, 1995, JCAR
requested that the Board adopt the same usage 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 included
the Agency in our discussion of whether “USEPA” or “U.S. EPA” would become the chosen
9
form. The Agency’s Bureau of Air pressed for uniformity in favor of the “USEPA” usage.
For this reason, the Board continues the process of reversing the prior unifying amendments in
the provisions that are open in this docket. We will now refer to “USEPA.” We will
continue this conversion in future rulemakings as additional sections otherwise become open to
amendment.
Although there are no conversions of “U.S. EPA” to “USEPA” in this immediate
proceeding, there remain some references to “U.S. EPA” in the existing text of the RCRA
Subtitle C rules that have not yet come under amendment. When those provisions are
otherwise opened for amendments, the Board will make the conversions at that time. In the
present update docket, the only related amendments are a number of conversions of “EPA”
from federal text to “USEPA,” where USEPA is clearly intended. Where the Agency would
be intended in the Illinois regulatory scheme, the Board has substituted “Agency.”
The Board has assembled the following 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. 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 topical discussions that follow
the tables.
In the following three tables, the Board indicates the location and nature of the three
kinds of amendments involved in this proceeding. The first table includes deviations from the
verbatim text of the federal amendments that are driving this docket. The second table
indicates corrections and clarifications that the Board has discovered and decided to make.
The third table indicates corrections made at the request of JCAR. In the second and third
tables, an asterisk (*) before the section number involved indicates a provision open for the
purposes of correction, in which no federally-derived amendments are involved. An obelisk or
dagger (†) before an entry in the second table indicates that the section is open solely for the
purpose of making a Board-initiated amendment, and none of the amendments to the Section
are federally- or JCAR-initiated.
1
Some of the entries in the second and third tables are
discussed further beginning on page 41 of this opinion.
Deviations from the Text of the Federal Amendments
Illinois Section
40 C.F.R. Section
Revision(s)
703.124(c)
270.1(c)(3)(iii)
Used singular “emergency response;” changed
“must” to “shall;” added “after the date of the
1
The Board would not include amendments to a Section not otherwise affected by underlying federal
amendments if the Part were not already opened to make various federally-derived amendments.
JCAR staff has advised the Board that the inclusion of the proposed corrective amendments under
these circumstances is acceptable. The Board will withdraw the corrective amendments to any of
the affected Sections in their entirety if JCAR staff requests that we do so prior to adoption of these
amendments.
10
response;” changed “identifying” to “that
identify;” added “the following” and colon; used
singular “date;” changed “its disposition” to “the
disposition of the material”
703.280(h)(1)
270.42(h)(1)
Removed unnecessary commas (twice) for
enhanced clarity
720.110 “
explosives
or munitions
emergency”
260.10
Quotation marks added to defined term
720.110 “
explosives
or munitions
emergency response”
260.10
Quotation marks added to defined term; comma
added to offset last element of a series
720.110 “
explosives
or munitions
emergency response
specialist”
260.10
Quotation marks added to defined term; “
U.S.”
added to “Department of Defense”; removed one
semicolon and one comma separating elements of
two-element series; added “U.S.” to “U.S. DOD”
(twice); used lower case for “federal” and “state”;
added “who are” to clause
720.110 “
military
munitions”
260.10
Quotation marks added to defined term;
added
“U.S.” to “U.S. Department of Defense,” “U.S. DOE;”
and “U.S. DOD” (twice);
“
of these items and devices”
used in place of “thereof” (twice); “all required
sanitization operations under the Atomic Energy Act
of 1954” changed to “all
sanitization operations
required under the Atomic Energy Act of 1954”
720.111(a) ATPI
260.11(a)
Retained ATPI as a source for “APTI Course
415”; retained the more recent and available
method version “ASTM D 93-85” rather than “D
93-79” and D 93-80”
720.111(a) ASTM
260.11(a)(2)
Retained the more recent and more readily
available method versions “D 93-85,” “D 1946-
90,” and “D 2382-80,” rather than use older
versions “D 93-79 or D 93-80”, “D 1946-82,”
and “D 2382-83,” respectively
720.111(a) NFPA
260.11(a)(10)
Retained the more recent and more readily
available method version of 1987, rather than use
the older versions of 1977 or 1981
720.111(a) U.S.
DOD
266.103(c)
Formally incorporated the documents from the
DOD by reference, since the military waste rule
seems to mandate compliance with their contents
720.111(a) U.S.
GSA
266.103(c)
Formally incorporated the document from the
GSA by reference, since the military waste rule
seems to mandate compliance with its contents
721.101(c)(10)
261.1(c)(10)
Changed “which” to “that” (twice); added comma
to offset parenthetical “but is not limited to;”
removed unnecessary comma from before “fines”
11
721.101(c)(11)
261.1(c)(11)
Added comma to separate elements of a series
721.101(c)(12)
261.1(c)(12)
Added comma to separate elements of a series;
added “it” for enhanced clarity; added “metal” for
enhanced clarity
721.104(a)(14)
261.4(a)(14)
Added comma to offset proviso; added “meet the
following conditions” to grammatically complete
the structure
721.104(a)(14)(A)
261.4(a)(14)(i)
Added “the circuit boards are” to complete the
structure and add clarity
721.104(a)(14)(B)
261.4(a)(14)(ii)
Added “the circuit boards are” to complete the
structure and add clarity
721.105(f)(3)(E)
261.5(f)(3)(v)
Deleted language, “after January 1, 1998,” which
related to a past effective date
721.105(f)(3)(E)
Board Note
None
Explanation added that subsections (D) and (E) do
not themselves authorize any disposal of hazardous
waste in a landfill
721.105(f)(3)(F)
261.5(f)(3)(vi)
Render “a facility which” as “the facility is one
that”
721.105(g)(3)(E)
261.5(g)(3)(v)
Deleted language, “after January 1, 1998,” which
related to a past effective date
721.105(g)(3)(E)
Board Note
None
Explanation added that subsections (D) and (E) do
not themselves authorize any disposal of hazardous
waste in a landfill
721.105(g)(3)(F)
261.5(g)(3)(vi)
Render “a facility which” as “the facility is one
that”
722.110(i)
262.10(i)
Changed “persons . . . are” to singular “a person
. . . is;” removed comma separating a two-
element series
722.120(f)
262(f)
Used “shall” in place of “must”
724.101(g)(8)(A)(iii)
264.1(g)(8)(i)(C)
Removed unnecessary comma from before
prepositional phrase
724.101(g)(8)(D)
264.1(g)(8)(iv)
Rendered “federal” and “state” in lower case;
removed references to “tribal or local” officials;
removed commas from before and after second
element of a series; used “USEPA identification
numbers;” used “shall” in place of “must”
724.170
264.70
Changed “and” to “nor do they apply” for
enhanced clarity
724.1200 Board Note
264.1200 Note
Used lower case for “see”
724.1201(a)
264.1201(a)
Changed “hazardous waste munitions and
explosives storage units must be designed and
operated” to singular, personal, active “an owner
or operator of a hazardous waste munitions and
explosives storage unit shall design and operate;”
12
added “fulfill each of the following requirements”
for grammatical completeness
724.1201(a)(1)
264.1201(a)(1)
Added “the owner or operator” and changed to
singular “minimizes” for enhanced clarity and
grammatical completeness; removed comma from
before prepositional phrase “to the soil . . .”
724.1201(a)(2)
264.1201(a)(2)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness
724.1201(a)(3)
264.1201(a)(3)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness
724.1201(a)(4)
264.1201(a)(4)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness; removed commas
separating elements of two-element series (twice)
724.1201(a)(5)
264.1201(a)(5)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness
724.1201(b)(1)
264.1201(b)(1)
Changed “earth-covered magazines must be” to
singular, personal, active “an owner or operator of
an earth-covered magazine shall;” added “fulfill
each of the following requirements” for
grammatical completeness
724.1201(b)(1)(A)
264.1201(b)(1)(i)
Added to “the magazine is” for grammatical
completeness
724.1201(b)(1)(B)
264.1201(b)(1)(ii)
Added to “the magazine is so” and “that it fulfills
each of the following” for grammatical
completeness
724.1201(b)(1)(B)(i)
264.1201(b)(1)-
(ii)(A)
Added to “the magazine is” for grammatical
completeness
724.1201(b)(1)(B)(ii)
264.1201(b)(1)-
(ii)(B)
Changed “provide” to “the magazine provides”
for grammatical completeness
724.1201(b)(1)(B)-
(iii)
264.1201(b)(1)(ii)-
(C)
Added to “the magazine can” for grammatical
completeness
724.1201(b)(1)(C)
264.1201(b)(1)(iii)
Added to “the magazine is” for grammatical
completeness
724.1201(c)
264.1201(c)
Changed “hazardous waste munitions and
explosives must be stored” to active “an owner or
operator shall store hazardous waste munitions and
explosives” for enhanced clarity; changed
“specifying procedures to ensure” to more direct
“that specifies procedures which;” changed “these
procedures will” to “the Standard Operating
Procedure may” for enhanced clarity
13
724.1201(d)
264.1201(d)
Changed “hazardous waste munitions and
explosives must be packaged” to active “an owner
or operator shall package hazardous waste
munitions and explosives” for enhanced clarity
724.1201(e)
264.1201(e)
Changed “hazardous waste munitions and
explosives must be inventoried” to active “an
owner or operator shall inventory hazardous waste
munitions and explosives” for enhanced clarity
724.1201(f)
264.1201(f)
Changed “hazardous waste munitions and
explosives and their storage units must be
inspected and monitored” to active “an owner or
operator shall inspect hazardous waste munitions
and explosives and their storage units” for
enhanced clarity
724.1202(a)
264.1202(a)
Changed “must” to “shall;” deleted comma
separating elements of two-element series
724.1202(b)
264.1202(b)
Changed “he or she must” to “the owner or
operator shall;” used lower case for “see”
724.Appendix I(e)
264, appendix IX
Changed “promulgated methods through” to “in;”
split run-on sentence, adding “however” and
removing “has;” spelled out “gas
chromatography”
725.101(c)(11)(A)(iv
)
264.1(c)(11)(i)(D)
Removed unnecessary comma before prepositional
phrase
725.101(g)(8)(D)
265.1(g)(8)(iv)
Rendered “federal” and “state” in lower case;
removed references to “tribal or local” officials;
removed commas from before and after second
element of a series; used “USEPA identification
numbers;” used “shall” in place of “must”
725.170
265.70
Changed “and” to “nor do they apply” for
enhanced clarity
725.1200 Board Note
265.1200 Note
Used lower case for “see”
725.1201(a)
265.1201(a)
Changed “hazardous waste munitions and
explosives storage units must be designed and
operated” to singular and active voice “an owner
or operator of a hazardous waste munitions and
explosives storage unit shall design and operate;”
added “fulfill each of the following requirements”
for grammatical completeness
725.1201(a)(1)
265.1201(a)(1)
Added “the owner or operator” and changed to
singular “minimizes” for enhanced clarity and
grammatical completeness; removed comma from
before prepositional phrase “to the soil . . .”
725.1201(a)(2)
265.1201(a)(2)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
14
grammatical completeness
725.1201(a)(3)
265.1201(a)(3)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness
725.1201(a)(4)
265.1201(a)(4)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness; removed commas
separating elements of two-element series (twice)
725.1201(a)(5)
265.1201(a)(5)
Added “the owner or operator” and changed to
singular “provides” for enhanced clarity and
grammatical completeness
725.1201(b)(1)
265.1201(b)(1)
Changed “earth-covered magazines must be” to
singular, personal, active “an owner or operator of
an earth-covered magazine shall;” added “fulfill
each of the following requirements” for
grammatical completeness
725.1201(b)(1)(A)
265.1201(b)(1)(i)
Added “the magazine is” for grammatical
completeness
725.1201(b)(1)(B)
265.1201(b)(1)(ii)
Added “the magazine is so” and “that it fulfills
each of the following” for grammatical
completeness
725.1201(b)(1)(B)(i)
265.1201(b)(1)-
(ii)(A)
Added “the magazine is” for grammatical
completeness
725.1201(b)(1)(B)(ii)
265.1201(b)(1)-
(ii)(B)
Changed “provide” to “the magazine provides”
for grammatical completeness
725.1201(b)(1)(B)-
(iii)
265.1201(b)(1)(ii)-
(C)
Added “the magazine can” for grammatical
completeness
725.1201(b)(1)(C)
265.1201(b)(1)(iii)
Added “the magazine is” for grammatical
completeness
725.1201(c)
265.1201(c)
Changed “hazardous waste munitions and
explosives must be stored” to active “an owner or
operator shall store hazardous waste munitions and
explosives” for enhanced clarity; used lower case
for “standard operating procedure;” changed
“specifying procedures to ensure” to more direct
“that specifies procedures which;” changed “these
procedures will” to “the standard operating
procedure may” for enhanced clarity
725.1201(d)
265.1201(d)
Changed “hazardous waste munitions and
explosives must be packaged” to active “an owner
or operator shall package hazardous waste
munitions and explosives” for enhanced clarity
725.1201(e)
265.1201(e)
Changed “hazardous waste munitions and
explosives must be inventoried” to active “an
owner or operator shall inventory hazardous waste
15
munitions and explosives” for enhanced clarity
725.1201(f)
265.1201(f)
Changed “hazardous waste munitions and
explosives and their storage units must be
inspected and monitored” to active “an owner or
operator shall inspect hazardous waste munitions
and explosives and their storage units” for
enhanced clarity
725.1202(a)
265.1202(a)
Changed “must” to “shall;” deleted comma
separating elements of two-element series
725.1202(b)
265.1202(b)
Changed “he or she must” to “the owner or
operator shall;” used lower case for “see”
726.207(f)
266.107(f)
Retained words “chlorine gas”, placing the
empirical fomula “Cl
2
” in parentheses; added
“US” to informal document name
726.301
266.201
Placed all defined terms in quotation marks
726.301 “chemical
agents and
munitions”
266.201
Formally incorporated 50 U.S.C. 1521(j)(1) by
reference; added act title
726.301 “inactive
range”
266.201
Removed unnecessary commas (twice); changed
“that” to “which” (twice) for subsequent
restrictive relative clauses
726.301 “military”
266.201
Added “United States (U.S.);” removed
unnecessary commas (twice)
726.301 “military
range”
266.201
Added “that are” and “which are set aside,
managed, and used” for grammatical correctness;
removed comma from between dependent clauses
of sentence
726.301 “unexploded
ordnance”
266.201
Removed parentheses from defined term “UXO;”
removed comma from between dependent clauses
of sentence; changed “that” to “which” for
subsequent restrictive relative clause
726.302(a)
266.202(a)
Added “any of the following situations describes
the munition” for enhanced clarity and
grammatical completeness
726.302(a)(1)
266.202(a)(1)
Added “it is” and “any of the following uses” for
enhanced clarity and grammatical completeness
726.302(a)(1)(A)
266.202(a)(1)(i)
Deleted ending conjunction “or”
726.302(a)(2)
266.202(a)(2)
Added “it is” (twice) for enhanced clarity and
grammatical completeness; added commas before
and after parentheticals “as defined . . .;”
replaced gerund “burning” with verb “burned”
726.302(b)(1)
266.202(b)(1)
Deleted ending conjunction “or”
726.302(b)(2)
266.202(b)(2)
Deleted ending conjunction “or”
726.302(c)
266.202(c)
Added “when either of the following activities
16
occurs with regard to the munition”
726.302(c)(1)
266.202(c)(1)
Replaced “when” with “the munition is;”
hyphenated “off-range;” removed commas from
parenthetical “where the site of use is not a range”
and placed it in parentheses for enhanced clarity
726.302(c)(2)
266.202(c)(2)
Replaced “if” with “the munition is;” removed
comma separating members of a two-element
series
726.302(d)
266.202(d)
Added United States Code citations for federal
statutory citations; added “to” before “imminent;”
deleted unnecessary comma from before “if;”
used “or” in place of “and/or;” used “shall” in
place of “must” (twice)
726.303(a)(1)
266.202(a)(1)
Changed “that” to “which” (twice) for subsequent
restrictive relative clauses; removed unnecessary
comma separating the subject and verb of the
sentence; removed words “listed or identified as a
hazardous waste (and thus are;” removed closing
parentheses; changed passive “unless all the
following conditions are met” to active “unless the
munitions meet all the following conditions”
726.303(a)(1)(B)
266.203(a)(1)(ii)
Changed “must be” to “are”
726.303(a)(1)(C)
266.203(a)(1)(iii)
Changed “must be” to “are;” hyphenated
“military-owned”
726.303(a)(1)(D)
266.203(a)(1)(iv)
Changed “must” to “shall;” substituted “the
Agency” for “the Director; “altered conditional
statement “from the time . . ., or . . .” to read
“from the time when either . . . or when . . .
occurs” for enhanced clarity; changed “health or
the environment” phrase of art “human health or
the environment;” rendered numeral as “five;”
changed “or any failure to meet . . .” to read “or
when any failure to meet . . . occurs”
726.303(a)(2)
266.203(a)(2)
Changed “must” to “shall;” substituted “the
Agency” for “the Director;” rendered numeral as
“five”
726.303(a)(3)
266.203(a)(3)
Added “conditional;” moved prepositional phrase
“from regulation as hazardous waste” for
enhanced clarity; added comma to separate
elements of a series
726.303(b)
266.203(b)
Changed passive “an application may be filed” to
active “the transporter may file;” dropped words
“the Director” for enhanced clarity; substituted
“the Agency” for “the Director” (six times)
726.303(c)
266.203(c)
Formally incorporated all federal forms and
17
documents by reference; capitalized title of the
“Requisition Tracking Form” and placed the form
number in parentheses; placed language relating to
future amendments into a Board Note, observing
the need for regulatory amendment in Illinois to
incorporate future versions of the documents
726.305(a)(1)(A)
266.205(a)(1)(i)
Changed end punctuation from a period to a
semicolon
726.305(a)(1)(B)
266.205(a)(1)(ii)
Changed end punctuation from a period to a
semicolon
726.305(a)(1)(C)
266.205(a)(1)(iii)
Changed end punctuation from a period to a
semicolon
726.305(a)(1)(D)
266.205(a)(1)(iv)
Dropped past date, associated conjunction, and
“whichever is later;” changed “must” to “shall;”
substituted “the Agency” for “the Director;”
changed end punctuation from a period to a
semicolon
726.305(a)(1)(E)
266.205(a)(1)(v)
Changed “must” to “shall;” substituted “the
Agency” for “the Director;” rendered numeral as
“five;” changed end punctuation from a period to
a semicolon
726.305(a)(1)(F)
266.205(a)(1)(vi)
Changed “must” to “shall;” changed end
punctuation from a period to a semicolon and
added conjunction “and”
726.305(b)
266.205(b)
Changed “must” to “shall;” substituted “the
Agency” for “the Director”
726.305(c)
266.205(c)
Substituted “the Agency” for “the Director”
726.303(e)
266.203(e)
Formally incorporated the federal document by
reference; placed language relating to future
amendments into a Board Note, observing the
need for regulatory amendment in Illinois to
incorporate future versions of the document
728.107(a)(1)
268.7(a)(1)
Deleted entire unnecessary opening clause up to
words “as follows;” changed “must” to “shall”
(twice); deleted unnecessary opening clause “if the
generator of the waste;” changed “testing would
normally determine” to “testing determines;”
changed “would have to be” to “shall be;” added
missing adverb “that” (twice); changed “they are”
to “it is” to correspond with singular “generator;”
changed “they” to “generator”
728.107(a)(2)
268.7(a)(2)
Changed “must” to “shall;” changed to singular
“change”
728.107(a)(3)(A)
268.7(a)(3)(i)
Changed “must” to “shall;” changed “the” to “its
own” for enhanced clarity
18
728.107(a)(3)(B)
268.7(a)(3)(ii)
Changed “must” to “shall;” changed “their files”
to “its file” for consistency
728.107(a)(4)
268.7(a)(4)
Added comma to offset parenthetical; changed
“must” to “shall” (twice); codified table as
Section 728.Table I;” changed “their files” to “its
file” for consistency
728.107(a)(5)
268.7(a)(5)
Changed “must” to “shall;” changed “they” to
“it”
728.107(a)(5)(A)
268.7(a)(5)(i)
Used “wastes” in place of “waste(s);” changed
end punctuation from a period to a semicolon
728.107(a)(5)(B)
268.7(a)(5)(ii)
Changed end punctuation from a period to a
semicolon and added conjunction “and”
728.107(a)(6)
268.7(a)(6)
Changed “his” to “its;” changed “as referenced”
to standardized usage “incorporated by reference”
728.107(a)(7)
268.7(a)(7)
Changed “he” to “it;” added “that are” and
“which;” removed use of full title in favor of
abbreviation “CWA;” changed “he” to “the
generator;” changed “must” to “shall;” added
“generating”
728.107(a)(8)
268.7(a)(8)
Substituted singular “a generator;” changed
“must” to “shall;” moved “on-site;” added
“RCRA” before “Subtitle C”
728.109(a)(9)
268.7(a)(9)
Added comma and “the generator shall fulfill the
following conditions” for enhanced clarity
728.107(a)(9)(A)
268.7(a)(9)(i)
Changed “must” to “shall;” changed cross-
reference to reflect the codification of the table at
40 C.F.R. 268.7(a)(4) as Section 728.Table I
728.107(a)(9)(B)
268.7(a)(9)(ii)
Changed “that” to “as”
728.107(a)(9)(D)
268.7(a)(9)(iv)
Changed “must” to “shall”
728.107(a)(10)
268.7(a)(10)
Changed “must” to “shall” (twice)
728.107(b)(1)
268.7(b)(1)
Added “US” to informal reference designation;
added comma before “incorporated” to set off
parenthetical
728.107(b)(3)(A)
268.7(b)(3)(i)
Corrected to singular “changes”
728.107(b)(3)(B)
268.7(b)(3)(ii)
Changed “requirements” to “the requirements
indicated in the following table;” used “USEPA”
in place of “EPA” in table; removed use of full
title in favor of abbreviation “CWA” in the table
728.107(b)(4)
268.7(b)(4)
Changed “the treatment facility must” to “the
owner or operator of a treatment facility shall;”
added “as follows” at end
728.107(b)(4)(A)
268.7(b)(4)(i)
Added “treatment facility’s”
728.107(b)(4)(B)
268.7(b)(4)(ii)
Changed “provided by” to “listed in;” substituted
“the Agency” for “the Director”
19
728.107(b)(4)(C)
268.7(b)(4)(iii)
Changed “the certification, signed by an
authorized representative, must” to “must be
signed by an authorized representative and must”
728.107(c)(2)
268.7(c)(2)
Added comma before “incorporated” to set off
parenthetical
728.109(a)
268.9(a)
Changed “must” to “shall”
728.130(a)
268.30(a)
Omitted past effective date; added “US” to and
removed capitals from “USEPA hazardous waste
number”
728.130(b)
268.30(b)
Added “the wastes specified in 35 Ill. Adm. Code
721 as” for enhanced clarity and uniformity in
language; added “US” to and removed capitals
from “USEPA hazardous waste number”
728.130(c)
268.30(c)
Substituted “until” for past effective date and
“between;” added “the wastes specified in 35 Ill.
Adm. Code 721 as USEPA hazardous waste
numbers” and “USEPA hazardous waste
numbers” for enhanced clarity and uniformity in
language
728.130(d)(4)
268.30(d)(4)
Added parenthetical citation to parallel Illinois
provision “(see Section 728.105)”
728.130(e)
268.30(e)
Changed “must” to “shall;” used lower case for
“universal treatment standard levels”
728.Appendix F
268, appendix VI
Dropped the word “table,” added a comma, and
used full title of table “Treatment Standards for
Hazardous Waste,” placing it in quotation marks;
changed “deactivation and meet UTS” to
“DEACT and meet Section 728.148 standards,”
which is actually used in the table; substituted
abbreviated title “CWA;”
728.Appendix G,
Table 1
268, appendix VII,
table 1
Added “adopted by USEPA at” to federal citation;
added citation to Board adoption in footnote “b;”
added “at” to federal citation; added citation to
Board adoption in footnote “c;” added citation to
Board adoption in footnote “b;” added “which
USEPA adopted at” to federal citations; added
citations to Board adoption in footnotes “d” and
“e”
728.Appendix H
268, appendix VIII
moved entry for “F001-F005” wastes to proper
alphanumeric order location; did not duplicate
entries for “K011” waste; cited “35 Ill. Adm.
Code 730.105(e)” in footnote “c” to correspond
with 40 C.F.R. 144.6(e), but could find no
counterpart for 40 C.F.R. 14.6(e), which appears
in error; removed comma from before “that” ,
20
which set of a restrictive relative clause
728.Table I
268.7(a)(4)
Added heading for columns two through five;
changed “section” to “subsection;” added Board
note citing the table to 40 C.F.R. 268.7(a)(4) as
the source of this table
728.Table T “F032”
268.40, table
Deleted unnecessary conjunction “and” from
before “where”
728.Table T “F034”
268.40, table
Used “or” in place of “and/or”
728.Table T “F035”
268.40, table
Deleted duplicate “processes;” added “that are”
for enhanced grammatical precision; used “or” in
place of “and/or”
728.Table T note 7
268.40, table
Added “any of the following;” changed “which”
to “that” for restrictive relative clause; moved
words “[that] have obtained a determination of
equivalent treatment under Section 728.142(b)”
738.118
148.18
Capitalized “Listed” in the heading
738.118(a)
148.18(a)
Added “US;” changed to lower case “hazardous”
738.118(b)
148.18(b)
Added “US;” changed to lower case “hazardous”
Board Amendments Not Federally-Derived
Section
Revision(s)
703.124(a)(3)
Corrected ending punctuation
703.124 Board Note
Updated Note format; added date to C.F.R. citation
* 703.213 Board Note
Updated C.F.R. citation
* 703.232(b)(1)
Changed “the Agency shall establish in the Pretrial Burn Period of the
permit conditions, including but not limited to . . .” to read “the
Agency shall establish permit conditions in the Pretrial Burn Period,
including but not limited to . . .”
* 703.232(c)(2)(A)
Corrected “as” to “and”
* 703.232(f)(2)(C)
Added missing text “destruction and removal efficiency”
* 703.232(f)(4)
Added comma to separate elements of a series
703.280(d)(2)
Corrected “a” to “as”
703.280(d)(2)(A)
Corrected to plural “modifications”
703.280 Board Note
Updated Note format; updated C.F.R. citation
720.110 “boiler”
Removed capitals from “section” (five times)
720.110 “containment
building”
Removed capitals from “building”
720.110 “EPA
identification number”
Added “US” to “USEPA”
720.110 “existing
hazardous waste
management facility”
Added comma to separate elements of a series; corrected use of em
dashes
720.110 “existing tank
Removed capitalization of “state;” added comma to separate elements
21
system”
of a series; corrected use of em dashes
720.110 “hazardous
waste constituent”
Removed “of”
720.110 “incompatible
waste”
Changed “suitable” to “unsuitable”
720.110 “United
States”
Removed capitalization of “states”
720.111(a)
Added “for the purposes of this Part and 35 Ill. Adm. Code 703
through 705, 721 through 726, 728, 730, 731, 733, 738, and 739” to
parallel the federal text and set forth the scope and applicability for the
incorporations
720.111(a) ASTM
Removed duplicate entry for older version of method “D2879-86”
720.111(a) NACE
corrected document number to “RP-02-85”
720.111(a) NTIS
Corrected “Guidance on Air Quality Models” to “Guideline on Air
Quality Models”; added statement of alternative availability as 40
C.F.R. 51, appendix W
720.111(b)
Corrected “40 C.F.R. 51, subpart W” to “40 C.F.R. 51, appendix
W”
720.111(c)
Incorporated 50 U.S.C. § 1521(j)(1) by reference; added bill title and
Public Act number
721.101(a)
Added abbreviated name “RCRA” in parentheses
721.101(b)(1)
Used abbreviated name “RCRA” in place of full name
721.101(c)(8)
Corrected use of em-dashes by removing spaces before and after
dashes; moved punctuation to within parentheses
721.101(d)
Used abbreviated name “RCRA” in place of full name
721.102(a)(2)(B)
Removed ending conjunction “or”
721.102(c)(2)(A)(i)
Capitalized “burned”
721.102(c)(3)
Added definite article “the;” corrected cross reference format to
“Section 721.Appendix Z”
721.102(d)(2)
Corrected “721.Subparts C or D” to “Subpart C or D of this Part”
721.102(f)
Used abbreviated name “RCRA” in place of full name
721.104(a)(2)
Added full name “National Pollutant Discharge Elimination System”
and put abbreviated name in parentheses
721.104(a)(6)
Changed to plural “black liquors”
721.104(b)(1)(B)
Board note
Added full citations for Supreme Court decision in City of Chicago v.
Environmental Defense Fund, Inc. case
721.104(b)(12)
Changed to plural “use”
721.104(e)(1)
Changed to singular “is”
† 721.121(a)(1)
Corrected method number from “D-3228” to “D-3828”
* 721.132 “K149”
Changed “alpha” to “
α
” to follow standard technical usage
* 721.132 “K150”
Changed “alpha” to “
α
” to follow standard technical usage
* 721.132 “K151”
Changed “alpha” to “
α
” to follow standard technical usage
* 721.133(e) “P046”
Changed “alpha” to “
α
” (twice each for two entries) to follow
22
standard technical usage
* 721.133(e) “P004”
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (twice) to
follow standard technical usage
* 721.133(e) “P037”
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (four times)
to follow standard technical usage
* 721.133(e) “P051”
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (four times)
to follow standard technical usage
* 721.133(e) “P072”
Changed “alpha” to “
α
” to follow standard technical usage
* 721.133(f) “U010”
Changed “alpha” to “
α
” (three times) and “beta” to “
β
” to follow
standard technical usage
* 721.133(f) “U038”
Changed “alpha” to “
α
” (twice) to follow standard technical usage
* 721.133(f) “U143”
Changed “alpha” to “
α
” (twice) to follow standard technical usage
* 721.133(f) “U036”
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
* 721.133(f) “U047”
Changed “beta” to “
β
” to follow standard technical usage
* 721.133(f) “U129”
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (twice) to
follow standard technical usage
* 721.133(f) “U096”
Changed “alpha” to “
α
” (twice) to follow standard technical usage
* 721.133(f) “U059”
Changed “alpha” to “
α
” to follow standard technical usage
* 721.133(f) “U167”
Changed “alpha” to “
α
” to follow standard technical usage
* 721.133(f) “U168”
Changed “beta” to “
β
” to follow standard technical usage
* 721.133(f) “U200”
Changed “alpha” to “
α
” (twice) and “beta” to “
β
” (three times) to
follow standard technical usage
* 721.Appendix H
aldrin
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (twice) to
follow standard technical usage
* 721.Appendix H
chlordane
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
* 721.Appendix H
chlorobenzilate
Changed “alpha” to “
α
” (twice) to follow standard technical usage
* 721.Appendix H
β
-
chloro
naphthalene
Changed “beta” to “
β
” to follow standard technical usage
* 721.Appendix H
cycasin
Changed “beta” to “
β
” to follow standard technical usage
* 721.Appendix H
daunomycin
Changed “alpha” to “
α
” to follow standard technical usage
* 721.Appendix H
dieldrin
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (four times)
to follow standard technical usage
* 721.Appendix H
α
,
α
-Dimethylphen-
ethylamine
Changed “alpha” to “
α
” (four times) to follow standard technical
usage
* 721.Appendix H
endrin
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (four times)
to follow standard technical usage
* 721.Appendix H
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (three times)
23
heptachlor epoxide
to follow standard technical usage
* 721.Appendix H
heptachlor epoxide
Changed “alpha” to “
α
,” “beta” to “
β
,” and “gamma” to “
γ
” to
follow standard technical usage
* 721.Appendix H
isodrin
Changed “alpha” to “
α
” (twice) and “beta” to “
β
” (four times) to
follow standard technical usage
* 721.Appendix H
lasiocarpine
Changed “alpha” to “
α
” (twice) to follow standard technical usage
* 721.Appendix H
lindane
Changed “alpha” to “
α
” (four times) and “beta” to “
β
” (twice) to
follow standard technical usage
* 721.Appendix H
mitomycin C
Changed “alpha” to “
α
” (three times) and “beta” to “
β
” to follow
standard technical usage
* 721.Appendix H
α
-
naphthylamine
Changed “alpha” to “
α
” to follow standard technical usage
* 721.Appendix H
β
-
naphthylamine
Changed “beta” to “
β
” to follow standard technical usage
* 721.Appendix H
α
-
naphthylthiourea
Changed “alpha” to “
α
” to follow standard technical usage
* 721.Appendix H
respirine
Changed “alpha” to “
α
” (twice) and “beta” to “
β
” (three times) to
follow standard technical usage
721.Appendix Z Board
Note
Added reference to definitions of terms that appears in the federal text
722. Source Note
Corrected Illinois Register citation in entry for R96-10/R97-3/R97-5
722.110(e)
Added explanatory paragraph in location parallel to federal language
that the Board chose not to adopt in R81-22
722.110(f)
Renumbered to correspond more closely with federal provision 40
C.F.R. 262.10(f)
722.110(g)
Renumbered to correspond more closely with federal provision 40
C.F.R. 262.10(g)
722.110(h)
Renumbered to correspond more closely with federal provision 40
C.F.R. 262.10(h)
723. Source Note
Corrected Illinois Register citation in entry for R96-10/R97-3/R97-5
724. Table of Contents
Capitalized headings of Sections 724.933 and 724.934
724.101(g)(8)(A)(iii)
Changed ending punctuation from a period to semicolon; added “or”
† 724.298(b)
Added method number “NFPA 30” to reference
724.933
Capitalized the Section heading
724.934
Capitalized the Section heading
724.934(f)
Corrected “must” to permissive “may” to agree with corresponding
federal text
724.963(h)
Corrected method from “ASTM D 2879-86” to “ASTM D 2879-92”
to agree with version incorporated by reference
* 724.990(c)
Added comma before parenthetical “as provided . . .”
724.Appendix I (a)
Corrected cross-reference to “subsections (e) and (f) of this Section”
724.Appendix I (e)
Added method number “SW-846” to reference
24
724.Appendix I aldrin
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I
α
-
BHC
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I
β
-BHC
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I
δ
-BHC
Changed “alpha” to “
α
,” “beta” to “
β
,” and “delta” to “
δ
” to follow
standard technical usage
724.Appendix I
γ
-BHC
Changed “alpha” to “
α
,” “beta” to “
β
,” and “gamma” to “
γ
” to
follow standard technical usage
724.Appendix I
Chlorobenzilate
Changed “alpha” to “
α
” to follow standard technical usage
724.Appendix I
dieldrin
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I
α
,
α
-
dimethylphenethyl-
amine
changed “alpha” to “
α
” to follow standard technical usage
724.Appendix I endo-
sulfan I
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I endo-
sulfan II
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I endrin
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I endrin
aldehyde
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I hepta-
chlor epoxide
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
724.Appendix I isodrin
Changed “alpha” to “
α
” and “beta” to “
β
” to follow standard
technical usage
725. Table of Contents
Changed the Section 725.301 heading to “Generators of 100 to 1000
Kilograms of Hazardous Waste Per Month;” capitalized headings of
Sections 725.933 and 725.988
725.101(c)(2)
Added explanatory paragraph in location parallel to federal language
that the Board chose not to adopt in R81-22
725.101(c)(3) Board
Note
Corrected cross reference to “subsections (c)(1) through (c)(3)” to
read “subsections (c)(1) and (c)(3)” to reflect the substantive absence
of subsection (c)(2)
725.101(c)(4)
Added explanatory paragraph in location parallel to federal language
that the Board chose not to adopt in R81-22
725.101(c)(11)(A)(iii)
Changed ending punctuation to a semicolon; added “or”
725.101(g)
Renumbered state-only provision to reflect the addition of subsection
(f)
* 725.112(b)
Changed “also” to lower case
25
† 725.298(b)
Added method number “NFPA 30” to reference
† 725.301
Changed the Section heading to “Generators of 100 to 1000 Kilograms
of Hazardous Waste Per Month”
† 725.301(e)(2)
Added method number “NFPA 30” to reference
725.914
Changed to singular “liquid”
725.933
Capitalized the Section heading
725.963(h)
Changed method designation “ASTM D 2879-86” to “ASTM D 2879-
92” to agree with version incorporated by reference
* 725.964(b)(1)(E)
Added comma after “e.g.”
* 725.964(b)(1)(F)
Added comma after “e.g.”
725.988
Capitalized the Section heading
* 725.990(e)(1)(D)
Corrected cross reference from “40 C.F.R. 265.1035(c)(1) and
Section 725.935(c)(2)” to “Section 725.935(c)(1) and (c)(2)”
† 725.Appendix F
γ
-
naphthol
Changed “gamma” to “
γ
” to follow standard technical usage
† 725.Appendix F
α
-
naphthol
Changed “alpha” to “
α
” to follow standard technical usage
† 725.Appendix F
β
-
naphthol
Changed “beta” to “
β
” to follow standard technical usage
† 725.Appendix F
α
-
naphthylamine
Changed “alpha” to “
α
” to follow standard technical usage
† 725.Appendix F
β
-
naphthylamine
Changed “beta” to “
β
” to follow standard technical usage
† 725.Appendix F
α
-
picoline
Changed “alpha” to “
α
” to follow standard technical usage
† 725.Appendix F
β
-
propiolactone
Changed “beta” to “
β
” to follow standard technical usage
726. Source Note
Corrected Illinois Register citation in entry for R96-10/R97-3/R97-5
726.204(e)(1)
Removed parenthetical abbreviation “(PCDDs)” that does not appear
in the corresponding text of federal 40 C.F.R. 266.4(e)(1); added
quotation marks to the proper document title; added “US” to informal
reference designation
726.206(d)(3)
Deleted surplus formula expression “SUM(Pi/Ri)
≤
1.0;” corrected “S”
to “
Σ
”
726.206(g)(1)
Added quotation marks to the proper document title; added “US” to
informal reference designation
726.206(g)(2)
Added quotation marks to the proper document title; added “US” to
informal reference designation
726.Appendix I
Moved actual location of incorporation by reference to 35 Ill. Adm.
Code 720.111; deleted limiting language as to future editions that
already appears in 35 Ill. Adm. Code 720.111
728. Table of Contents
Revised format of heading for Section 728.133 to agree with nearby
Section headings
728.101(c)(4)
Added abbreviation “CWA” in parentheses
26
728.101(e)(1)
Changed to singular “waste”
728.101(e)(2)
Changed to singular “waste”
728.101(e)(3)
Changed to singular “waste” and corresponding “prohibition” and
“standard”; added indefinite article “a” before “prohibition”
728.101(e)(5)
Corrected to plural “headworks”
728.104(a)(4)
Corrected cross reference format to “subsection (a)(3)of this Section”
728.104(a)(2)(D)
Changed “sampling and testing and recordkeeping” to “ampling,
testing, and recordkeeping”
728.107(b)
Changed “treatment facilities shall test their” to “the owner or
operator of a treatment facility shall test its;” changed “their” to “its;”
changed to singular “plan”
728.107(c)(1)
Changed “have” to “maintain in its files;” changed to plural
“certifications”
728.107(c)(2)
Changed “the test method” to “Test Method”
728.107(d)(2)
Corrected cross reference from “721.2(d)(1)” to “721.102(e)(1)”
728.109(d)(1)(A)
Deleted language not present in corresponding 40 C.F.R.
268.9(d)(1)(i)
728.138 Section
Heading
Revised format of heading to agree with nearby Section headings
728.144(a) Board Note
Added “of this Section” to cross reference
728.144(e)
Added ILCS citation to statutory quote
728.144(i)
Corrected cross reference format to “720.120(b)(1) through (b)(4)”
728.144(o)
Corrected cross reference format to “Section 728.Table H” and
“728.Table B”
728.Appendix G,
Table 1
Corrected footnote format throughout to parallel corresponding 40
C.F.R. 268, appendix VII more closely; repositioned entry for
“D004” waste to parallel federal text; corrected format of chemical
name “1,1,2-trichloroethane” in entry for “F002” waste
728.Appendix G,
Table 1 note b
Changed “has been” to “was”
728.Appendix H
Added “see note” at top; revised footnote format throughout to
parallel corresponding 40 C.F.R. 268, appendix VIII more closely;
728.Table C
“PRECIP”
Added closing parenthesis to entry (1)
728.Table C Board
Note
Added Board Note citation to 40 C.F.R. 268.42, Table 1 as the source
of this table
728.Table H Board
Note
Added Board Note citation to the table to 40 C.F.R. 268.44(o) as the
source of this table
728.Table T “D013”
Changed “alpha” to “
α
,” “beta” to “
β
,” “delta” to “
δ
,” and
“gamma” to “
γ
” to follow standard technical usage
728.Table T “D020”
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
728.Table T “F039”
Changed “alpha” to “
α
,” “beta” to “
β
,” “delta” to “
δ
,” and
“gamma” to “
γ
” to follow standard technical usage
27
728.Table T “K032”
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
728.Table T “K097”
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
728.Table T “K149”
Changed “alpha” to “
α
” to follow standard technical usage
728.Table T “K150”
Changed “alpha” to “
α
” to follow standard technical usage
728.Table T “K151”
Changed “alpha” to “
α
” to follow standard technical usage
728.Table T “P046”
Changed “alpha” to “
α
” to follow standard technical usage
728.Table T “U036”
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
728.Table T “U096”
Changed “alpha” to “
α
” to follow standard technical usage
728.Table T “U129”
Changed “alpha” to “
α
,” “beta” to “
β
,” “delta” to “
δ
,” and
“gamma” to “
γ
” to follow standard technical usage
728.Table T note 4
Retained explanatory language that missing from the corresponding
federal text of 40 C.F.R. 268.40; corrected position of comma;
corrected spelling of “treatment”
728.Table T note 7
Deleted unnecessary “as”
728.Table T Board
Note
Added Board Note citation to the table to 40 C.F.R. 268.40 as the
source of this table
* 728.Table U “
α
-
BHC”
Changed “alpha” to “
α
” to follow standard technical usage
* 728.Table U “
β
-
BHC”
Changed “beta” to “
β
” to follow standard technical usage
* 728.Table U “
δ
-
BHC”
Changed “delta” to “
δ
” to follow standard technical usage
* 728.Table U “
γ
-
BHC”
Changed “gamma” to “
γ
” to follow standard technical usage
* 728.Table U
“chlordane”
Changed “alpha” to “
α
” and “gamma” to “
γ
” to follow standard
technical usage
* 728.Table U Board
Note
Added Board Note citation to the table to 40 C.F.R. 268.48 as the
source of this table
738. Source Note
Corrected Illinois Register citation in entry for R96-10/R97-3/R97-5
JCAR-Requested Amendments Correcting the Text from R96-10/R97-3/R97-5
Section
Revision(s)
* 703.213(d)
Corrected cross-reference to “35 Ill. Adm. Code 724.985(c)(1)”
* 703.232(c)(2)(C)
Removed duplicated words and punctuation: “an analysis of the
material with which the hazardous waste prior to blending,”
720.111(a) ASTM
D1946-90
Removed capitalization from “approved”
721. Source Note
Corrected format of references to R81-22 and R95-20
721.102(a)(2)(C)
Removed ending conjunction “or”
28
721.105(f)(3)
Removed extra comma and space not deleted in prior amendments
* 721.132 K101
Added hyphen to “organo-arsenic”
* 721.133(e) P060
Deleted hyphen from “dimethanonaphthalene”
* 721.133(f) U002
Corrected “UOO2” to U002”
* 721.133(f) U003
Corrected “UOO3” to U003”
* 721.133(f) U036
Added comma and space to “chlordane, alpha”
* 721.Appendix H
2-Acetylaminofluorene
Corrected “UOO5” to “U005”
* 721.Appendix H
Arsenic pentoxide
Corrected “PO11” to “P011”
* 721.Appendix H
Hydrogen sulfide
Corrected “H2S” to “H
2
S”
722.110(e)
Corrected cross reference from “Section 722.151” to “Section
722.170”
* 722.158(a)
Changed cross reference format from “722.Subpart H” to “Subpart H
of this Part” (twice)
* 722.180(a)
Replaced comma with “or”
* 722.184(a)
Corrected cross reference format from “Section 262.184 (a)(1) and
(a)(2)” to “subsections (a)(1) and (a)(2) of this Section”
* 722.184(b)(6)
Placed quotation mark before “name” in form
* 722.187(a)
Corrected Illinois EPA’s Zip Code to “62794”
* 724.933(e)(2)
Corrected spelling of “corresponding;” corrected “S” to “
Σ
”
* 724.933(e)(4)
Corrected error of adding parentheses without underlining by
removing them
* 724.933(l)(1)(A)
Corrected “500 ppmv of this Section” to “500 ppmv above”
* 724.950(f)
Corrected “than” to “that”
* 724.964(b)(2)
Corrected “than” to “that”
* 724.980(a)
Corrected “724.Subparts I, J, or K” to “724.Subpart I, J, or K”
* 724.980(a) Board
Note
Corrected “that” to “than”
* 724.984(c)(2)(B)
Corrected “section” to lower case
* 724.984(e)(1)(B)(ii)
Corrected “one of this Section the other” to “one above the other”
* 724.990(b)
Added preposition “of”
* 724.990(c)
Corrected “excepted” to “except”
* 725.112(b)
Removed “40” from citation; added ending parenthesis mark
* 725.113(b)(8)(B)
Corrected “form” to “from”
* 725.171(a)(4)
Removed “each of”
* 725.414(f)
Added definite article “the” before “Board”
* 725.933(d)
Added ending period
* 725.933(e)(2)
Added definite article “the” before “standard temperature” and “is”
before “20° C;” corrected “S” to “
Σ
”
* 725.933(e)(4)
Changed to lower case “log
10
”
* 725.933(j)
Hyphenated “closed-vent”
29
725.934(a)
Added ending period
725.934(c)(1)(D)
Corrected factor “10
6
” to “10
-6
”
* 725.964(b)(2)
Corrected “than” to “that”
* 725.964(j)(1)
Corrected “Section” to “Sections”
* 725.964(k)(2)
Corrected “Sections” to “Section”
* 725.981 “volatile
organic concentration”
Hyphenated to correct “mole-fraction-in-the-gas-phase/mole-fraction-
in the liquid-phase” to “mole-fraction-in-the-gas-phase/mole-fraction-
in-the-liquid-phase”
* 725.985(b)(1)(A)(iii)
Deleted “is”
* 725.985(c)(2)(B)
Changed to lower case for “section”
* 725.985(c)(4)(A)
Changed to lower case for “sections”
* 725.985(e)
Removed hyphenation from “fixed roof”
* 725.985(e)(1)(B)(ii)
Corrected “of this Section” to “above”
* 725.985(f)(3)(B)(i)
Corrected “of this Section” to “below”
* 725.985(f)(3)(D)(iv)
Removed unnecessary “are”
* 725.986(c)(1)(D)
Moved “that”
* 725.988(c)(7)
Corrected cross references from “Section 725.1033” to “Section
725.933” (twice)
* 725.989(b)
Corrected cross reference from “Section 265.115” to “Section
725.115”
* 725.990(a)
Corrected cross reference from “Sections 264.984 through 264.987”
to “Sections 724.984 through 724.987”
* 725.990(e)(1)(B)
Corrected cross references from “Section 725.1035” to “Section
725.935” (twice)
* 725.990(e)(1)(C)
Corrected cross reference from “Section 265.935” to “Section
725.935”
728.101(f)
Corrected cross-reference to “Sections 728.107 and 728.150”
728.107(b)(6)
Added comma after “e.g.”
728.107(d)(2)
Added “under” before cross reference
728.Table C
“CMBST”
Amended text to follow that of corresponding 40 C.F.R. 268.42, table
1
728.Table C
“PRECIP”
Added closing parenthesis to entry (2)
728.Table C
“RECORR”
Deleted ending em-dash from entry (5)
728.Table T “F039”
Corrected “or” to “of” in entry for xylenes
728.Table T “U190”
Retained parenthetical “(measured as Phthalic acid or Terephthalic
acid)” erroneously added in the prior docket without underlining
728.Table T “U227”
Corrected spelling of chemical name “1,1,2-trichloroethane”
* 728.Table U
“fluoride”
Retained footnote marking “
5
” erroneously added in the prior docket
without underlining
738. Table of Contents
Added commas to separate the elements of the series in the heading for
Section 738.101
* 738.101
Added commas to separate the elements of the series in the heading
30
738.118(e)
Deleted past effective date
738.118(f)
Deleted past effective date
Discussions of Particular Federal Actions
Conditionally Exempt Small Quantity Generator Waste Exclusion—Section 721.105
USEPA amended its solid and hazardous waste regulations relating to hazardous waste
that is conditionally exempt from regulation as hazardous waste because it is generated by what
is called a “small quantity generator.” This is called CESQG waste. USEPA is requiring that
this waste be disposed of in a facility that meets certain minimum national standards, rather
than allowing its burial in unregulated facilities. In order for the small quantity generator
exclusion to apply, the generator now has limited options in choosing a disposal facility. The
disposal facility must comply with one of three alternative bodies of regulations: (1) the
hazardous waste treatment, storage, and disposal (T/S/D) facility standards of 40 C.F.R. 264
or 265 (corresponding with 35 Ill. Adm. Code 724 or 725); (2) the municipal solid waste
regulations of 40 C.F.R. 258 (corresponding with 35 Ill. Adm. Code 810 through 813); or (3)
the new standards of 40 C.F.R. 257, Subpart B for disposal of conditionally-exempt small
quantity generator waste.
The Board incorporated the amendments to 40 C.F.R. 261.5 into corresponding 35 Ill.
Adm. Code 721.105 with minimal deviation from the federal text. The Board deleted the
“January 1, 1998” effective date language from the text of subsections (f)(3)(E) and (g)(3)(E)
because that date is already past. Illinois law provides that regulatory amendments can go into
effect only after filing with the Secretary of State or at a later date stated in the rule. (415
ILCS 100/5-40(d) (1997)). This means that the use of an earlier effective date is not
permissible. With regard to the federal references to the RCRA Subtitle D MSWLF rules of
40 C.F.R. 258, we referred to the Illinois MSWLF rules of 35 Ill. Adm. Code 810 through
814 or the federal 40 C.F.R. 258 rules. The Board added the references to 40 C.F.R. 258 to
avoid a situation where an Illinois generator is prohibited from disposing of its CESQG waste
in an out-of-state RCRA Subtitle D facility that is not regulated under Parts 810 through 814
of the Illinois rules. We have also retained references to 40 C.F.R. 257 in the text.
The Board added Board notes at subsections (f)(3)(E) and (g)(3)(E) in response to the
Agency’s concerns expressed in PC 2 over the prohibitions in 35 Ill. Adm. Code 811 through
813 against disposing hazardous waste at solid waste landfills. The Board notes observe that
the Illinois solid waste landfill rules prohibit the disposal of hazardous waste in those facilities.
The notes state that subsections (f)(3)(E) and (g)(3)(E) incorporate federal requirements
relating to CESQG waste and that the Board does not intend them to be read as authorizing the
disposal of hazardous waste in solid waste landfills.
Illinois does not currently have regulations comparable to 40 C.F.R. 257 relating to
non-Subtitle D solid waste disposal facilities. This is because USEPA adopted part 257 in
1979, 44 Fed. Reg. 53460 (Sep. 13, 1979) to further the purposes of RCRA Subtitle D and
provide guidance as to whether a site is an illegal “open dump” or a legal “landfill.” See
31
RCRA, section 4004, 42 U.S.C. § 6944 (1996); 40 C.F.R. 257.1(a) (1997). The counterpart
in Illinois law to this older segment of 40 C.F.R. 257 is Sections 3.24 and 21(a) of the Act,
which define and prohibit “open dumping” in Illinois.
Recently added subpart B to 40 C.F.R. 257 actually sets forth substantive facility
management standards for landfills receiving CESQG waste. See 40 C.F.R. 257.5-257.30.
We do not believe that our authority under Sections 7.1 and 22.4 of the Act would allow us to
use the identical-in-substance procedure to adopt any such rules, since they are not part of the
federal RCRA Subtitle C program. The Board further does not believe that the federal rules
fall within the scope of our Section 22.40 MSWLF mandate, since the Part 257 facilities are
not municipal solid waste landfills. Thus, we believe that incorporation of the federal
standards for facilities that dispose of CESQG waste into the Illinois regulations would require
a general rulemaking under Section 27 or 28.2 of the Act. If the Agency or some other
interested person concludes that such an action is desirable, they could file an appropriate
rulemaking petition before the Board relating to incorporating such regulations.
Since there are no Illinois counterpart regulations to 40 C.F.R. 257, subpart B, the
Board retained references to 40 C.F.R. 257.5 through 257.3 at subsections (f)(3)(F) and
(g)(3)(F). Subsections (f)(3)(F) and (g)(3)(F) state the scope of the CESQG waste
exemption—
i.e.
, the CESQG waste generator must submit the waste for disposal only at a
compliant facility, assuming it does not send it to a RCRA Subtitle C hazardous waste facility
or a RCRA Subtitle D MSWLF facility. Since the requirements of these subsections are
imposing a requirement on the CESQG waste generator, we do not perceive that these
subsections directly require compliance with any of the hazardous waste or non-hazardous
solid waste landfill facility requirements in any way. Thus, the Board has not incorporated the
40 C.F.R. 257, subpart B requirements by reference.
The Board requests public comment on our approach to the federal CESQG waste
amendments. We specifically request comment as to whether the parallel reference in
subsections (f)(3)(E) and (g)(3)(E) to 40 C.F.R. 258 are necessary. The Board requests
comment on the Board notes added after subsections (f)(3)(E) and (g)(3)(E), which clarify that
the CESQG waste requirements do not authorize the disposal of hazardous waste in solid waste
facilities where such disposal is prohibited. We further specifically request comment on our
handling of the new 40 C.F.R. 257 requirements, including our reference to them without
incorporation by reference.
Amendments to USEPA Addresses—Section 720.111
USEPA adopted technical amendments on January 14, 1997, to change the address for
its Region V offices. Illinois is within USEPA Region V. Among the various regulations
amended were hazardous waste and UIC rules. The hazardous waste rules amended were 40
C.F.R. 262, appendix, and a 40 C.F.R. 272 provision relating to authorization of state RCRA
Subtitle C programs. The two amended UIC provisions of 40 C.F.R. 147 pertain only to
authorization of state programs. There are no counterparts in the Illinois rules to the federal
authorization requirements, since those are requirements imposed on the state program itself,
32
and they have no direct applicability to the regulated community. 40 C.F.R. 262, appendix,
on the other hand, is incorporated by reference in 35 Ill. Adm. Code 722.Appendix A.
To revise the Illinois regulations to incorporate the federal change of address, the Board
updated the incorporation of 40 C.F.R. 262, appendix in 35 Ill. Adm. Code 722.Appendix A
to the 1997 edition of the C.F.R., which reflects the January 14, 1997, federal technical
amendments. The Board requests public comment on the change of address for USEPA Region V.
The Military Munitions Rule—Parts 703 and 720 through 726
One of the most significant areas of federal amendments included in this consolidated
docket involves the regulation of waste military munitions that are hazardous waste. USEPA
adopted the military munitions rule on February 12, 1997. The rule defines when
conventional and chemical military munitions become hazardous waste and set forth
requirements for the proper management of this waste. Included are amendments that affect
activities beyond those involving only military munitions. First are amendments relating to
emergency responses involving military and non-military munitions and explosives. Second is
an exemption from the hazardous waste manifesting requirements for all generators and
transporters that transport hazardous waste along a highway or public right-of-way between
contiguous properties owned by the same person.
In adopting the rule, USEPA explained that the most significantly affected entities
under the military munitions rule are the U.S. Departments of Defense, Energy, and
Transportation (the U.S. Coast Guard) and the National Guard. Major segments of the
military munitions rule apply directly to these entities. USEPA explained, however, that the
emergency response segments of the rule would also impact civilian munitions and explosives
and that the 40 C.F.R. 264 and 265, subpart EE T/S/D facility management standards for
waste munitions and explosives would be “available for use” by both military and non-military
entities. The revised hazardous waste manifesting requirement applicable to transportation
between contiguous properties along a public right-of-way is not limited in application either to
the military or to explosives and munitions.
The Board refers interested persons to the preamble discussion of the rule beginning at
62 Fed. Reg. 6622 (Feb. 12, 1997) for a detailed consideration of the federal rule. We also
direct attention to the above table “Deviations from the Text of the Federal Amendments”
(beginning on page 10 of this opinion) for indication of minor revisions to the text of the
federal rules on which the Board will not elaborate in this opinion. The Board will instead
focus on the major issues raised in the rule in incorporating its requirements into the Illinois
regulatory scheme.
The federal military munitions shipping requirements of new 40 C.F.R.
266.203(a)(1)(ii) correspond with 35 Ill. Adm. Code 726.303(a)(1)(B). They require
compliance by transporters of waste military munitions with “Department of Defense shipping
controls.” Those controls are noted in 40 C.F.R. 266.203(c) as the following documents:
“DOD Ammunition and Explosive Safety Standards” (DOD 6055.9-STD), the “Motor Vehicle
33
Inspection Report” (DD Form 626), the “Requisition Tracking Form” (DD Form 1348), the
“Signature and Talley Record” (DD Form 1907), “Special Instructions for Motor Vehicle
Drivers” (DD Form 836), and the “Government Bill of Lading” (GSA Standard Form 1109).
40 C.F.R. 266.203(c) states that it is the version of these documents in effect on November 8,
1995, that are intended, but it further provides that future editions of these documents become
effective on the date of a
Federal Register
notice of their amendment.
The “exemption from regulation” provisions of 40 C.F.R. 266.203(a)(1) present
potential problems in Illinois. The potential problems arise through the mechanisms for
reinstatement by default and subsequent rescission of the exemption in 40 C.F.R. 266.203(b).
Although the Board has proposed codification using the federal language for corresponding 35
Ill. Adm. Code 726.303(b), we believe that some modification of the federal language may be
necessary before the Board finally adopts these amendments.
Under the federal scheme of regulation, waste military munitions in transportation are
subject to full regulation as hazardous waste, unless certain conditions are fulfilled with regard
to non-chemical munitions. The rules call this an “exemption from regulation,” and the
exemption is lost when any of the conditions are no longer fulfilled. (40 C.F.R. 266.203(a).)
This in itself presents no problem under the Illinois scheme of regulation.
However, the mechanism for reinstatement of the exemption could give rise to
problems under Illinois law. The federal rules provide that a transporter may apply to USEPA
and seek reinstatement of the exemption. The Director may reinstate the exemption based on
the application. This is no problem in Illinois if the Board substitutes “the Agency” in place
of “the Director.” It is arguably similar to a permit application and decision to grant that
permit. The federal rules further provide, however, that if the Director of USEPA does not
act on the application for reinstatement within 60 days, the reinstatement is deemed granted.
(40 C.F.R. 266.203(b).) Although this mechanism for reinstatement would be unique in the
Illinois rules, it is arguably similar to the provision under existing law for an application for
permit with the addition of the addition of the 60-day default provision. But, the Board has
some reservations on this point, noting that the legislature has specifically eliminated permit
issuance “by operation of law” for all other aspects of the RCRA Subtitle C program in
Sections 39 and 40 of the Act.
More significant problems arise with the mechanism for rescission of a default-granted
exemption. The federal rules provide that USEPA may rescind an exemption deemed granted
by default if USEPA finds “that reinstatement is inappropriate based on factors such as the
transporter’s failure to provide a satisfactory explanation of the circumstances of the violation,
or failure to demonstrate that the violations are not likely to recur.” (40 C.F.R. 266.203(b).)
This presents two problems that the Board might have trouble curing. First, the usual
mechanism for rescinding an Agency-granted permit in Illinois is in a proceeding before the
Board pursuant to Title VIII of the Act. Section 39 of the Act allows the Agency to grant a
permit, deny a permit, or grant a permit with conditions; it nowhere authorizes the Agency to
rescind a permit once granted. Second, the bases for rescission set forth in the rule arguably
34
do not provide sufficient standards for an Agency decision to rescind the exemption. See
Granite City Division of National Steel Co. v. PCB, 155 Ill. 2d 149, 613 N.E.2d 719 (1993).
Again, in this proposal the Board has used the federal language at proposed Section
726.303 with minimum deviation for the purposes of public comment. The Board requests
public comments on the “exemption from regulation” provisions in the rules for transportation
for military munitions. The Board specifically requests comments on the mechanism for
reinstatement and the mechanism for rescission of reinstatement of the exemption. The Board
requests that commenters suggest any alternative draft regulatory language, keeping in mind
the following questions:
1.
Should the Board split subsection (b) into three separate subsections? Subsection (b)(1)
could provide for express reinstatement of the exemption by the Agency, including that
final segment of 40 C.F.R. 266.203(b) relating to specification of additional
conditions. Subsection (b)(2) could set forth the “deemed-granted” default provision.
Subsection (b)(3) could provide for rescission of a default restoration of the exemption.
2.
Should the Board allow for Agency reinstatement of a lost exemption? If so, under
what circumstances should the Agency make its decision, and should that decision be
appealable to the Board? If no, should an exemption become completely unavailable
once lost, or should it be capable of reinstatement only by the Board, for example, in
an adjusted standard proceeding?
3.
If a person is allowed to apply to either the Agency or the Board for reinstatement, can
the Board adopt the 60-day default “deemed-approved” provision, or should the Board
adopt it as a deemed-denied provision?
4.
Once an exemption is reinstated, can it be rescinded by the Agency? If yes, under
what criteria should the Agency make its decision, and should the decision be
appealable to the Board? If no, can the Board rescind the reinstatement, and if so,
how?
40 C.F.R. 266.205(a)(2)(iii) (corresponding with 35 Ill. Adm. Code 726.306(a)(2)(C))
similarly incorporates the requirements of the document entitled “DOD Ammunition and
Explosive Safety Standards” (DOD 6055.9-STD). 40 C.F.R. 266.205(e) refers to the
November 8, 1995, version and states that future amendments will become effective upon
publication of a
Federal Register
notice.
Since these various documents apparently contain requirements that USEPA is
imposing on the regulated entities, the Board formally incorporates the documents by reference
in 35 Ill. Adm. Code 720.111, the centralized incorporations provision for the hazardous
waste regulations. The incorporation of future amendments is problematic. Section 5-75 of
the Administrative Procedure Act [5 ILCS 100/5-75] (APA) prohibits the incorporation of
later amendments and editions by reference. Thus, Illinois law requires that the Board limit
the incorporations to the version of each that is available at the time we adopt the rules into
35
which they are incorporated. If future amendments or editions occur, the Board must then
update the incorporation by regulatory amendment. This could be accomplished in a routine
RCRA Subtitle C update, so long as the Board somehow becomes aware of the later
amendment or edition when it occurs. This could prove problematic because the documents
incorporated are not codified, and they are documents used by segments of the federal
government with which the Board does not have regular contact.
Another aspect of the incorporation of these federal documents by reference relates to
their immediate availability to the Board. Section 5-75 of the APA further requires that the
Board maintain a copy of each incorporated document in its files and make them available for
public inspection and copying. The Board has tried to contact USEPA to obtain copies of
these military and federal government forms, but we have not yet been successful. The Board
must have possession of the copies before we adopt the military munitions rule in order to
comply with Illinois law.
The Board has incorporated the November 8, 1995, versions of each of the federal
documents cited in 40 C.F.R. 266.203 and 266.205 by reference. We added Board notes to
corresponding 35 Ill. Adm. Code 726.303 and 305 that explain the limitations on the
incorporation of future editions and revisions of these documents by reference. The Board
requests public comment on this incorporation, especially on the issues of how we might
reliably become aware of future amendments to these documents for the purposes of future
amendment of the Illinois regulations. The Board will continue to try to obtain copies of these
documents, but we request the assistance of the Agency and members of the regulated
community, as well as USEPA, in obtaining these copies.
Another document incorporated by reference is a provision of the Department of
Defense Authorization Act of 1986. This provision is the basis for the definition of “chemical
agent and munition” at Section 726.301 (derived from 40 C.F.R. 266.201). The Board could
not locate this provision, 50 U.S.C. § 1521(j)(1), in West’s
United States Code Annotated
(1998 Supp.), so we are placing a copy of the document in our files for public inspection and
copying, as located at the U.S. Government Printing Office site on the World-Wide Web
2
and
printed.
In adapting the federal military munitions rule requirements to the Illinois regulatory
scheme, the Board notes that several provisions in 40 C.F.R. 266.203 and 266.205 require
notices be sent to “the Director.” In adapting these requirements, the Board requires that
notice be sent to “the Agency,” according to our usual custom. It is apparent, based on the
preamble discussion of the rule in the
Federal Register
(63 Fed. Reg. at 6625, 6648-49), that
USEPA intends the states to implement the military munitions rule, even if the persons
regulated are the military and entities of the federal government. Some of the notice
provisions require oral notices. (See 40 C.F.R. 266.205(a)(1)(v) (corresponding with 35 Ill.
Adm. Code 726.305(a)(1)(E)), where oral notice is required within 24 hours in the case of a
loss of military munitions or where any breach of any provision that could result in an
2
Internet address: http://www.access.gpo.gov/congress/cong013.html.
36
imminent threat to human life.) The Board has not substantively deviated from the federal
notice provisions. However, in its final adoption of these rules, the Board would like to add
some indications as to exactly how and where members of the regulated community must
submit the required notices, and solicits comment on this point.
40 C.F.R. 266.203(b) and 266.205(c) (corresponding with 35 Ill. Adm. Code
726.303(b) and 726.303(c)) provide for reinstatement of an exemption from regulation as
hazardous waste to which we direct specific attention. 40 C.F.R. 266.203(b) and 266.205(c)
each provide that a request for reinstatement of the exemption from regulation as hazardous
waste is deemed granted retroactively when there was no action on the application for
reinstatement within 60 days of its submittal. The Board has proposed these reinstatement
provisions as written by USEPA. Although Section 40(a)(1) of the Act generally imposes a
90-day limitation on the time for Agency decision on a permit application, that provision
excludes Agency decisions on RCRA permits. The Board sees no immediate statutory
impediment to implementation of the federal “deemed approved” language.
The Board requests public comment on the notice and reinstatement provisions. The
Board is particularly interested in comments on any issues that might arise through submittal of
federal notifications to the Agency. Is there any need to retain any requirement to notify
USEPA? The Board would like the Agency to comment particularly as to how and where it
would like members of the regulated community to submit the required oral and written
notices. Does the Agency want the notices to be sent to its headquarters in Springfield or to its
various regional offices? Will the Agency accept notices by e-mail in place of either oral or
written notices? In addition to these issues, the Board would like interested persons to
comment on any potential problems that might arise from the “deemed approved” provisions
relating to reinstatement of the exemptions.
Phase IV Land Disposal Restrictions—Parts 721, 728, and 738
USEPA adopted its Phase IV land disposal restrictions on May 12, 1997. The Phase
IV LDRs established treatment standards for wood preserving wastes. Included were
conforming amendments to the F024 wastes from production of chlorinated aliphatic
hydrocarbons, certain amendments intended to reduce the amount of paperwork generated by
regulated entities, and amendments intended to clarify an exception from the LDR
requirements for
de minimis
amounts of characteristic wastewaters. USEPA further adopted
polymerization as a treatment alternative for certain ignitable wastes; excluded processed
circuit boards and scrap metal from RCRA regulation, in order to encourage recycling; and
decided not to classify certain wastes as “nonamenable,” which would have resulted in their
ban from biological treatment.
As with the preceding discussion of the military munitions rule, the Board focuses here
on discussion of substantive issues encountered in adapting the substance of the federal
amendments into the Illinois regulations. We direct interested persons to the preamble
discussion beginning at 62 Fed. Reg. 25998 (May 12, 1997) for a detailed consideration of the
federal rule. The Board also directs attention to the table “Deviations from the Text of the
37
Federal Amendments” (beginning on page 10 of this opinion) for a listing of minor revisions
to the text of the federal rules on which the Board will not elaborate in this opinion.
The Board encountered no problems in adapting the substance of the federal Phase IV
LDRs into the Illinois rules, once we determined which rules had actually been revised in the
May 12, 1997, USEPA action. USEPA adopted the rules in such a way that it is difficult to
find some of the segments of federal text that have been revised. As the Board has observed in
the past,
e.g.
, In the Matter of: RCRA Update, USEPA Regulations (July 1, 1995, through
December 31, 1995), UIC Update, USEPA Regulations (January 1, 1996, through June 30,
1996), RCRA Update, USEPA Regulations, (January 1, 1996, through June 30, 1996)
(November 6, 1997), R96-10/R97-3/R97-5 (consolidated), at page 43, it is very difficult to
filter through dozens of
Federal Register
pages of text to find amendments without some
indication as to the location of isolated amendments. USEPA does not use underlining and
strike-through to indicate amendments. Although it is common practice for USEPA to
reproduce only those segments of text under amendment in a particular
Federal Register
notice, USEPA did not do even this to aid the reader with regard to major portions of the
Phase IV LDR amendments.
For example, when USEPA did this for its amendments to 40 C.F.R. 268, appendix
VII (corresponding with 35 Ill. Adm. Code 728.Appendix G), it forced Board staff to
compare 13 pages of
Federal Register
text word-by-word against the prior version in the
Code
of Federal Regulations
to locate the amendments. Only a small number of the existing entries
in the table had been amended. USEPA did the same for 40 C.F.R. 268, appendix VIII
(corresponding with 35 Ill. Adm. Code 728.Appendix H), but that was only slightly more than
two
Federal Register
pages long. The Board urges USEPA to develop some method of
highlighting the changes it is making to its rules in any particular rulemaking, for the benefit
not only of the Board but the regulated community as well.
The Board notes that we adopted minor segments of the Phase IV rules in the prior
update docket R96-10/R97-3/R97-5. One segment of the Phase IV LDRs revised the required
frequency of submission of documentation of shipments. Rather than requiring forwarding of
the papers with each shipment sent to a treatment, storage, or disposal facility, the rules now
require forwarding them on a one-time basis unless certain events occurred that would
necessitate sending new documentation. The Board received a request that we expedite our
consideration of this narrow aspect of the Phase IV LDR rules, so the Board included that
limited action in the prior docket as requested. These were amendments to 35 Ill. Adm. Code
728.107(a)(1) through (a)(3) and (b)(4) based on segments of the May 12, 1997, federal
amendments to 40 C.F.R. 268.7(a)(1) through (a)(3) and (b)(4).
In incorporating the remainder of the federal Phase IV LDR amendments, the Board
observed that locating certain segments of text in the Illinois regulations is not as easy as usual.
There is a near-linear structural relationship between most of the Illinois hazardous waste rules
and their federal counterparts. Generally, adding 460.100 to the federal section number (after
converting the one- and two-digit federal numbers to three-digit numbers) gives the Illinois
section number. There are a few exceptions to this scheme, but those are usually equally easy
38
to convert (
e.g.
, 40 C.F.R. 264.1080 correlates with 35 Ill. Adm. Code 724.980, and 40
C.F.R. 265.1101 correlates with 35 Ill. Adm. Code 725.1101). In Part 728, however, there
are more exceptions that are not so easy to translate. USEPA codified major tables at 40
C.F.R. 268.7(a)(4), 268.40, 268.42, 268.44(o), and 268.48(a) that the Board has codified as
35 Ill. Adm. Code 728.Table I, 728.Table T, 728.Table C, 728.Table H, and 728.Table U,
primarily to comport with
Illinois Administrative Code
format requirements. The relationships
of these tables to their federal counterparts is less readily apparent. The Board used this
opportunity to add a Board note at the end of each stating the federal provision from which it
derives. We hope this change makes the tables a little easier to use.
The Board requests public comment on our adaptation of the federal Phase IV
amendments into the Illinois regulations. We also request comment on the Board notes added
to aid in correlating the Illinois tables with their federal counterparts.
Update to Analytical Methods (SW-846)—Section 720.111 and Parts 724 through 726
USEPA amended its references to incorporate Update III to the Third Edition of “Test
Methods for Evaluating Solid Waste,” SW-846, on June 13, 1997, 62 Fed. Reg. 32452. As
with the other amendments included in this docket, the Board directs interested persons to the
preamble discussion in the
Federal Register
for the details surrounding the federal action. We
direct attention to the table beginning on page 10 of this opinion for indication of deviations
from the text of the federal amendments.
The principal incorporation of SW-846 by reference in the Illinois rules appears at 35
Ill. Adm. Code 720.111, which corresponds with 40 C.F.R. 260.11. USEPA amended 40
C.F.R. 260.11(a) in such a way that the federal analytical methods amendments prompted a
plenary review of the documents incorporated by reference in 35 Ill. Adm. Code 720.111(a).
The Board checked the appearance of every document incorporated at that section throughout
the existing text of Parts 703 through 705, 720 through 726, 728, 730, 731, 733, 738, and
739. Although some of the documents that are are incorporated by reference in 35 Ill. Adm.
Code 720.111(a) are not also incorporated in corresponding 40 C.F.R. 260.11(a), the Board
retained those references that are cited in segments of the substantive regulations. The Board
is deleting those references that are no longer cited anywhere in the Illinois regulations. The
references that appear in 35 Ill. Adm. Code 720.111(a) that do not also appear in
corresponding 40 C.F.R. 260.11(a), but which are referenced in substantive regulations (
i.e.
,
those retained), are the following:
References Retained That Do Not Appear at 40 C.F.R. 260.11(a)
(Indicating the Locations in the Illinois Rules Where They Are Referenced)
Reference
Sections Where Referenced
ACI 318-83
724.673(a)(5) and 725.543(a)(5)
ANSI B31.3 and B31.4
724.292(e) and 725.292(e)
API Recommended Practice 1632
724.292(a)(3)(B)(iii), 724.295(c)(2),
725.292(a)(3)(B)(iii), and 725.295(c)(2)
39
API “Guide for Inspection of Refinery
Equipment”
724.291(b)(5)(B), 724.293(i)(3),
725.291(b)(5)(B), and 725.293(i)(2)
API Recommended Practice 1615
724.292(e) and 715.292(e)
ASTM C 94-90
724.673(a)(5) and 725.453(a)(5)
ASTM D 88-87
726.200(g)
ASTM D 2161-87
726.200(g)
ASTM D 2267-88
724.963(d)(1) and 725.963(d)(1)
ASTM G 21-70
724.414(e)(2)(A) and 725.414(f)(2)(A)
ASTM G 22-76
724.414(e)(2)(B) and 725.414(f)(2)(B)
GPO “Standard Industrial Classification
Manual”
702.110, 721.103(e)(2)(A), 721.104(a)-
(12), 721.132, 728.Table T, and 739.100
NACE Recommended Practice RP0285-85
724.292(a)(3)(B)(iii), 724.295(c)(2),
725.292(a)(3)(B)(iii), 725.295(c)(2)
NTIS PB88-170766
728.106(b)(2) and (b)(4)
NTIS PB86-245-248 and PB88-150-958
726.206(h)
NTIS PB84-128677
725.192(a)(4)
NTIS PB91-120-006
726.Appendix I
NTIS PB93-169 365
720.122(a)(2), (c)(2), (e)(2), and (l)
NTIS EPA-450/R-92-019
726.206(h)
The references that do not appear in 40 C.F.R. 260.11(a) and which are not referenced in the
existing regulations are the following: “Standard Test Methods for Preparing Refuse-Derived
Fuel (RDF) Samples for Analysis of Metals, Bomb-Acid Digestion Method,” E 926-88 C
(available through the ASTM) and “Procedures Manual for Ground Water Monitoring at Solid
Waste Disposal Facilities,” EPA-530/SW-611, 1977 (available through the NTIS as document
number PB 84-174820). The Board has deleted these two references.
The Board made several additional observations in reviewing the analytical and testing
procedures incorporated by reference. First, USEPA uses the wrong method number for
“Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester.” USEPA uses
“D-3278” for this ASTM method, when it is actually method number “D 3828.” We also
note that the Board has incorporated different versions of some methods than those cited by
USEPA. This was because Section 5-45 of the APA requires the Board to maintain copies of
all documents incorporated by reference, and the only versions of these methods available to
the Board are later versions than those cited by USEPA. Thus, the Board has incorporated
ASTM methods D 93-85, D 1946-90, D2382-88, and D 3828-87, while USEPA cites versions
D 93-79 or D 93-80, D 1946-82, D 2382-83, and D 3828-78
3
. For the same reasons, the
Board has retained the 1987 version of NFPA 30 (available through the NFPA), whereas
USEPA cites the 1977 or 1981 versions of this document. Finally, the Board observed that we
cited two versions of one ASTM method: D 2879-86 and D2879-92. We deleted the older
version.
3
Note: USEPA actually cites the wrong method number, “D-3278-78,” as noted in the foregoing
discussion.
40
Other amendments constitute corrections to document incorporations or minor
deviations from the way the methods appear in the corresponding federal text. At Section
720.111(a), we corrected the document number of the NACE document to “RP-02-85.” In
the same section, under NTIS, we corrected the title of “Guideline on Air Quality Models”
and added a statement of alternative availability as 40 C.F.R. 51, appendix W. In Section
720.111(b), the Board corrected the
Code of Federal Regulations
citation to “40 C.F.R. 51,
appendix W.” We note that USEPA states that APTI Course 415 is available through the
NTIS, stating nothing of its availability through APTI. We added this document to the list of
those available through the NTIS, but the Board retained APTI as an alternative source for this
reference.
In checking the occurrence of the references, the Board observed that commonly-used
short-names for methods were sometimes missing. For example, the document entitled “Test
Methods for Evaluating Solid Waste” is commonly referred to by its federal document
number, “SW-846.” Thus, for enhanced ease in using the regulations and increased clarity,
the Board opened Section 724.Appendix I to include the designation “SW-846” to the
reference. Similarly, opened Sections 724.298(b), 725.298(b), and 725.301(e)(2) to add
“NFPA 30” as a designation.
The Board invites public comment on how we updated the methods incorporated by
reference in 35 Ill. Adm. Code 720.111 and throughout the existing text of the Illinois RCRA
Subtitle C hazardous waste regulations. We are particularly interested in comments on the
actions undertaken to correct or modify existing text. Thus, the Board specifically desires
comment on the methods retained that do not also appear at 40 C.F.R. 260.11(a), the methods
deleted because there are no active references to them anywhere in the substantive regulations,
and on our use of later versions of some methods than the versions referred to by USEPA.
Discussions of Miscellaneous Other Amendments not Federally Driven
The tables on pages 20 through 29 of this opinion list numerous corrections and
amendments that are not based on current federal amendments. Those tables indicate the
amendments made with a brief explanation. Most of those amendments do not need further
explanation, but the Board believes that there is benefit to discussion of a small number of
them. The Board invites public comment on any of the issues raised by these actions.
Scope of Incorporations by Reference—Section 720.111(a)
Section 720.111 is the centralized listing of all documents incorporated by reference.
Although Section 720.111 was originally modeled after 40 C.F.R. 260.11, it has become a
little broader in scope. As the foregoing discussion of the analytical methods amendments
indicates, 35 Ill. Adm. Code 720.111 includes many incorporated documents that are not
similarly listed in 40 C.F.R. 260.11. The documents listed are incorporated for the purposes
of all of the Illinois RCRA Subtitle C and UIC regulations, including that narrow portion of
the underground storage tank (UST) regulations that is codified as 35 Ill. Adm. Code 731.
41
The Board added a statement to the preamble segment of Section 720.111(a) that
indicates that the documents are incorporated by reference for the purposes of all the Parts of
our regulations that constitute the RCRA Subtitle C, UIC, and federally-derived UST rules.
4
The Board requests public comment on the addition of scope language for the incorporations
by reference listing in 35 Ill. Adm. Code 720.111(a). Particularly, we request comment on
whether we should include Part 731, the federally-derived UST rules, in the statement of
scope, and whether the statement of scope should be broadened to embrace subsections (b) and
(c) of this section.
Use of Greek Letters in Chemical Names—Sections 721.132, 721.133, 721.Appendix H,
724.Appendix I, 725.Appendix F, 728.Table T, and 728.Table U
It is common among chemists to indicate chemical structure or isomer by use of Greek
letters. For example, “
α
,
α
-dimethylphenylamine” indicates the points of substitution for two
methyl groups; “
β
-BHC” distinguishes the “
β
” isomer. This is the standard notation format.
The Board’s rules, however, currently follow the federal text in using “alpha” for “
α
,”
“beta” for “
β
,” “gamma” for “
γ
,” and “delta” for “
δ
.” This leads to confusion when a name
is encountered which uses multiple designations for a single substitution, such as “2,7:3,6-
Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1a
alpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta,7aalpha)-,” which is more clearly written as
“2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-
octahydro-, (1a
α
,2
β
,2a
β
,3
α
,6
α
,6a
β
,7
β
,7a
α
)-.”
As part of our ongoing effort to include in our rules equations and formulae in the
terms that are most clearly understood by the regulated community, in this instance chemists,
the Board has substituted the Greek letters for their English-language names in this docket.
The affected chemical names appear in various sections of the rules. The Board requests
public comment on our substitution of the applicable Greek letters for their English-language
names in 35 Ill. Adm. Code 721.132, 721.133, 721.Appendix H, 724.Appendix I,
725.Appendix F, 728.Table T, and 728.Table U.
Maintaining Parity with the Federal Rules—Sections 722.110 and 725.101
The Board structured the Illinois hazardous waste rules to be parallel with their federal
RCRA Subtitle C counterparts. As stated earlier in this opinion (above at page 38), generally
adding 460.100 to the federal section number gives the Illinois provision number. The Board
has further tried to maintain parity within each provision, so that the subsection numbers also
correspond between the two sets of rules. Of course, this is not always easily possible, such as
when USEPA marks a provision “reserved” or subdivides a section into five “indent levels” of
subsections. Under the required
Illinois Administrative Code
format, “reserved” sections and
subsections are not allowed, only up to four “indent levels” are permissible, and subsections
4
35 Ill. Adm. Code 732 includes state-derived underground storage tank regulations that we did not
include in this citation.
42
must be numbered sequentially. (See 1 Ill. Adm. Code 100.340 (Secretary of State
codification requirement).)
The Board believes that trying to maintain structural parity with corresponding federal
rules is important for a variety of reasons. Chief among these reasons are that the parity aids
members of the regulated community in following the Illinois rules. It also facilitates future
amendments to the rules by easing location of amended provisions and easing translation of
internal cross-references within the rules.
The Board sometimes uses “filler” devices to maintain structural parity with the federal
regulations. Two “parity problems” arose in this proceeding, and the Board has used our
devices to deal with each.
First, 40 C.F.R. 262.10(e) is a “federal only” provision that the Board need not adopt
to maintain the state hazardous waste program. 40 C.F.R. 262.10(f) through (h), on the other
hand, are compulsory provisions required as part of a state program. The Board never adopted
a counterpart to 40 C.F.R. 262.10(e), so that 40 C.F.R. 262.10(f) through (h) formerly
appeared as 35 Ill. Adm. Code 722.110(e) through (g), which breached structural parity with
the federal rules. The addition of 40 C.F.R. 262.10(i) highlighted this fact. The Board
restored parity in this proceeding by adding “filler” language at 35 Ill. Adm. Code 722.110(e)
that explains the nature of the corresponding federal provision and why the Board did not
adopt a similar provision. We then renumbered 722.110(e) through (g) to 722.110(f) through
(h) and added new subsection (i) based on 40 C.F.R. 262.10(i).
Second, 40 C.F.R. 265.1(c)(2) is marked “reserved” by USEPA, and 40 C.F.R.
265.1(c)(2) is another provision that the Board does not need to adopt. The Board never
adopted a corresponding 35 Ill. Adm. Code 725.101(c)(2) and (c)(4). Rather, the subsection
numbering in Section 725.101 jumped from subsection (c)(1) to (c)(3) to (c)(5). To correct
this, we have added “filler” language at subsections (c)(2) and (c)(4) in this proceeding to
avoid renumbering subsections (c)(3) through (c)(14) as subsections (c)(2) through (c)(12) and
losing structural parity with the corresponding federal regulations.
The Board requests public comment on our addition of “filler” language at 35 Ill.
Adm. Code 722.110(e) and 725.101(c)(2) and (c)(4) to maintain structural parity with the
corresponding federal regulations.
HISTORY OF RCRA SUBTITLE C, UST AND UIC ADOPTION
AGENCY OR BOARD ACTION?
EDITORIAL CONVENTIONS
The Board appends the following three routine discussions to this opinion. The first is
a summary history of the Illinois RCRA Subtitle C and 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
43
discussion of how the Board codifies requirements that call for state determinations, such as
for exemptions, exceptions, etc. 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.
History of RCRA Subtitle C and UIC Adoption
The Illinois UIC (Underground Injection Control) and RCRA (Resource Conservation
and Recovery Act) 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:
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.
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. Dockets R81-22 and R82-18
dockets 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 R82-19 and 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 (with the period of corresponding
44
federal revisions indicated in parentheses). 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.
R81-22
45 PCB 317, September 16, 1981 and February 4, 1982; 6 Ill. Reg.
4828, April 23, 1982, effective May 17, 1982. (5/19/80 through
10/1/81)
R82-18
51 PCB 31, January 13, 1983; 7 Ill. Reg. 2518, March 4, 1983,
effective May 17, 1982. (11/11/81 through 6/24/82)
R82-19
4
53 PCB 131, July 26, 1983, 7 Ill. Reg. 13999, October 28, 1983,
effective October 2, 1983. (11/23/81 through 10/29/82)
R83-24
5
55 PCB 31, December 15, 1983, 8 Ill. Reg. 200, January 6, 1984,
effective December 27, 1983. (Corrections to R82-19)
R84-9
64 PCB 427 and 521, June 13 and 27, 1985; 9 Ill. Reg. 11964, August
2, 1985, effective July 8 and 24, 1985. (1/19/83 through 4/24/84)
R85-22
67 PCB 175, 479, December 20, 1985 and January 9, 1986; 10 Ill. Reg.
968, January 17, 1986, effective January 2, 1986. (4/25/84 through
6/30/85)
R86-1
71 PCB 110, July 11, 1986; 10 Ill. Reg. 13998, August 22, 1986,
effective August 12, 1986. (7/1/85 through 1/31/86)
R86-19
73 PCB 467, October 23, 1986; 10 Ill. Reg. 20630, December 12,
1986, effective December 2, 1986. (2/1/86 through 3/31/86)
R86-28
75 PCB 306, February 5, 1987; and 76 PCB 195, March 5, 1987; 11 Ill.
Reg. 6017, April 3, 1987, effective March 23, 1987. Correction at 77
PCB 235, April 16, 1987; 11 Ill. Reg. 8684, May 1, 1987, effective
April 21, 1987. (4/1/86 through 6/30/86)
R86-46
79 PCB 676, July 16, 1987; 11 Ill. Reg. 13435, August 14, 1987,
effective August 4, 1987. (7/1/86 through 9/30/86)
R87-5
82 PCB 391, October 15, 1987; 11 Ill. Reg. 19280, November 30,
1987, effective November 10 and 12, 1987. (10/1/86 through 12/31/86)
5
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).
45
R87-26
84 PCB 491, December 3, 1987; 12 Ill. Reg. 2450, January 29, 1988,
effective January 15, 1988. (1/1/87 through 6/30/87)
R87-32
Correction to R86-1; 81 PCB 163, September 4, 1987; 11 Ill. Reg.
16698, October 16, 1987, effective September 30, 1987.
R87-39
90 PCB 267, June 16, 1988; 12 Ill. Reg. 12999, August 12, 1988,
effective July 29, 1988. (7/1/87 through 12/31/87)
R88-16
93 PCB 513, November 17, 1988; 13 Ill. Reg. 447, January 13, 1989,
effective December 28, 1988. (1/1/88 through 7/31/88)
R89-1
103 PCB 179, September 13, 1989; 13 Ill. Reg. 18278, November 27,
1989, effective November 13, 1989. (8/1/88 through 12/31/88)
R89-9
109 PCB 343, March 8, 1990; 14 Ill. Reg. 6225, April 27, 1990,
effective April 16, 1990. (1/1/89 through 6/30/89)
R90-2
113 PCB 131, July 3, 1990; 14 Ill. Reg. 14401, September 7, 1990,
effective August 22, 1990. (7/1/89 through 12/31/89)
R90-11
121 PCB 97, April 11, 1991; corrected at 122 PCB 305, May 23, 1991;
corrected at 125 PCB 117, August 8, 1991; uncorrected at 125 PCB
435, August 22, 1991; 15 Ill. Reg. 9323, effective June 17, 1991.
(Third Third Land Disposal Restrictions) (4/1/90 through 6/30/90)
R90-17
Delisting Procedures (See below)
R91-1
125 PCB 119, August 8, 1991; 15 Ill. Reg. 14446, effective September
30, 1991. (Wood Preserving Rules) (7/1/90 through 12/30/90)
R91-13
132 PCB 263, April 9, 1992; 16 Ill. Reg. 9489, effective June 9, 1992.
(Boilers and Industrial Furnaces (BIFs) Rules) (1/1/91 through 6/30/91)
R91-26
129 PCB 235, January 9, 1992; 16 Ill. Reg. 2600, effective February 3,
1992. (Wood Preserving Rules Compliance Dates)
R92-1
136 PCB 121, September 17, 1992; 16 Ill. Reg. 17636, effective
November 6, 1992. (7/1/91 through 12/31/91)
R92-10
138 PCB 549, January 21, 1993; 17 Ill. Reg. 5625, effective March 26,
1993. (Leak Detection Systems (LDS) Rules) (1/1/92 through 6/30/92)
R93-4
September 23, 1993; 17 Ill. Reg. 20545, effective November 22, 1993.
(Used Oil Rules) (7/1/92 through 12/31/92)
46
R93-16
March 17, 1994, Supplemental opinion and order on April 21, 1994.
(1/1/93 through 6/30/93)
R94-7
June 23, 1994; 18 Ill. Reg. 12160, effective July 29, 1994. (7/1/93
through 12/31/93)
R94-17
October 20, 1994; 18 Ill. Reg. 17480, effective November 23, 1994.
(1/1/94 through 6/30/94)
R95-6
June 1 and 15, 1995; 19 Ill. Reg. 9501, effective June 27, 1995.
(Consolidated with R95-4, UIC Update.) (7/1/94 through 12/31/94)
R95-20
June 20, 1996; 20 Ill. Reg. 10929, effective August 1, 1996. (1/1/95
through 6/30/95)
R96-10
November 6, 1997, 22 Ill. Reg. 256, effective December 16, 1997.
(Consolidated with R97-3, UIC Update, and R97-5, RCRA Subtitle C
update.) (7/1/95 through 12/31/95)
R97-5
November 6, 1997, 22 Ill. Reg. 256, effective December 16, 1997.
(Consolidated with R96-10, RCRA Subtitle C update, and R97-3, UIC
Update.) (1/1/96 through 6/30/96)
R97-21
This docket. (Consolidated with R98-5, RCRA Subtitle C update, and
R98-3, UIC Update.) (7/1/96 through 12/31/96)
R98-5
This docket. (Consolidated with R97-21, RCRA Subtitle C update, and
R98-3, UIC Update.) (1/1/97 through 6/30/97)
R98-21
Next docket. (7/1/97 through 12/21/97)
The Board added to the federal listings of hazardous waste by listing dioxins pursuant
to Section 22.4(d) of the Act:
R84-34
61 PCB 247, November 21, 1984; 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.
The Board has adopted USEPA delistings at the request of Amoco, Envirite, USX, and
CSI (the date of the corresponding federal action is included in parentheses):
47
R85-2
69 PCB 314, April 24, 1986; 10 Ill. Reg. 8112, May 16, 1986, effective
May 2, 1986. (Amoco Corp.)
R87-30
90 PCB 665, June 30, 1988; 12 Ill. Reg. 12070, July 22, 1988, effective
July 12, 1988. (Envirite Corp.)
R91-12
128 PCB 369, December 19, 1991; 16 Ill. Reg. 2155, effective January
27, 1992. (USX Corp.)
R95-20
June 20, 1996; 20 Ill. Reg. 10929, effective August 1, 1996. (1/1/95
through 6/30/95) (CSI)
Subsequently, upon the April 30, 1990, federal authorization of Illinois granting waste
delistings, USEPA transferred pending delisting petitions to the Board. The Board docketed
these as site-specific rulemaking proceedings (the name of the petitioner waste generator
appears in parentheses):
R90-18
Dismissed at 123 PCB 65, June 6, 1991. (USX Corp., South Works)
R90-19
Dismissed at 116 PCB 199, November 8, 1990. (Woodward Governor
Co.)
R90-23
Dismissed at 124 PCB 149, July 11, 1991. (Keystone Steel & Wire
Co.)
The Board has modified the delisting procedures to allow the use of adjusted standards
in lieu of site-specific rulemakings:
R90-17
119 PCB 181, February 28, 1991; 15 Ill. Reg. 7934, 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 (generator name in parentheses):
AS89-4
Dismissed at 105 PCB 269, November 15, 1989. (Safety-Kleen Corp.)
AS89-5
Dismissed at 113 PCB 111, July 3, 1990. (Safety-Kleen Corp.)
AS90-7
Dismissed at 124 PCB 125, July 11, 1991. (Quantum Chemical Co.)
Waste generators have filed Part 106 adjusted standard petitions for hazardous waste
delistings with the Board pursuant to Section 720.122 (generator name in parentheses):
AS91-1
Granted at 130 PCB 113, February 6, 1992, and modified at 133 PCB
189, April 23, 1992. (Keystone Steel & Wire Co.)
48
AS91-3
Granted at 139 PCB 121, February 4, 1993; opinion issued at 140 PCB
105, March 11, 1993. (Peoria Disposal Co.)
AS93-7
Granted February 17, 1994. (Keystone Steel & Wire Co.)
AS94-10
Granted December 14, 1994. (Envirite Corporation.)
The Board has procedures to be followed in cases before it involving the RCRA
Subtitle C regulations:
R84-10
62 PCB 87, 349, December 20, 1984 and January 10, 1985; 9 Ill. Reg.
1383, 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 R85-22 and amended
them in R86-46, listed above.
One Part 106 adjusted standard proceeding filed pursuant to 728.106 sought relief from
a prohibition against land disposal (petitioner’s name in parentheses):
AS90-6
Dismissed at 136 PCB 93, September 17, 1992. (Marathon Petroleum
Co.)
Other adjusted standard proceedings sought relief from aspects of the land disposal unit
closure and post-closure care requirements (petitioners’ names in parentheses):
AS90-8
130 PCB 349, February 27, 1992. (Olin Corp.)
AS91-4
131 PCB 43, March 11, 1992. (Amoco Oil Co.)
One adjusted standard proceeding sought relief from a RCRA Subtitle C land disposal
restriction (petitioner’s name in parentheses):
AS90-6
136 PCB 6, September 17, 1992. (Marathon Petroleum Co.)
Still another adjusted standard proceeding relates to substantive treatment, storage, and
disposal facility requirements of the RCRA Subtitle C regulations (petitioner’s name and
requirements involved in parentheses):
AS91-10
Dismissed May 19, 1994. (Cabot Corp.; secondary containment for
tanks)
49
In another regulatory proceeding, the Board has considered granting temporary relief
from the termination of an exclusion of a hazardous waste listing in the form of an emergency
rule (Petitioner’s name in parentheses):
R91-11
Dismissed at 125 PCB 295, August 8, 1991. (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
60 PCB 381, October 25, 1984; 8 Ill. Reg. 24124, December 14, 1984,
effective December 4, 1984.
R83-28
68 PCB 295, February 26, 1986; 10 Ill. Reg. 4875, March 21, 1986,
effective March 7, 1986.
R86-9
Emergency regulations adopted at 73 PCB 427, October 23, 1986; 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 (Apr. 2, 1998), R98-12.)
USEPA periodically reviews the Illinois hazardous waste program as it evolves to
incorporate more recent federal amendments. As a result of these reviews, USEPA has
granted Illinois a number 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
50
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, R82-18, was a
RCRA Subtitle C docket. The entire listing of all UIC rulemakings follows (with the period of
corresponding federal revisions indicated in parentheses):
R81-32
47 PCB 93, May 13, 1982; 6 Ill. Reg. 12479, October 15, 1982,
effective February 1, 1984. (7/7/81 through 11/23/81)
R82-18
51 PCB 31, January 13, 1983; 7 Ill. Reg. 2518, March 4, 1983,
effective May 17, 1982. (11/11/81 through 6/24/82)
R83-39
55 PCB 319, December 15, 1983; 7 Ill. Reg. 17338, December 20,
1983, effective December 19, 1983. (4/1/83)
R85-23
70 PCB 311 and 71 PCB 108, June 20 and July 11, 1986; 10 Ill. Reg.
13274, August 8, 1986, effective July 28 and 29, 1986. (5/11/84
through 11/15/84)
R86-27
Dismissed at 77 PCB 234, April 16, 1987. (No USEPA amendments
through 12/31/86).
R87-29
85 PCB 307, January 21, 1988; 12 Ill. Reg. 6673, April 8, 1988,
effective March 28, 1988. (1/1/87 through 6/30/87)
R88-2
90 PCB 679, June 30, 1988; 12 Ill. Reg. 13700, August 26, 1988,
effective August 16, 1988. (7/1/87 through 12/31/87)
R88-17
94 PCB 227, December 15, 1988; 13 Ill. Reg. 478, January 13, 1989,
effective December 30, 1988. (1/1/88 through 6/30/88)
51
R89-2
107 PCB 369, January 25, 1990; 14 Ill. Reg. 3059, March 2, 1990,
effective February 20, 1990. (7/1/88 through 12/31/88)
R89-11
111 PCB 489, May 24, 1990; 14 Ill. Reg. 11948, July 20, 1990,
effective July 9, 1990. (1/1/89 through 11/30/89)
R90-5
Dismissed at 109 PCB 627, March 22, 1990. (No USEPA amendments
12/1/89 through 12/31/89)
R90-14
122 PCB 335, May 23, 1991; 15 Ill. Reg. 11425, effective July 24,
1991. (1/1/90 through 6/30/90)
R91-4
Dismissed at 119 PCB 219, February 28, 1991. (No USEPA
amendments 9/1/90 through 12/31/90)
R91-16
Dismissed at 128 PCB 229, December 6, 1991. (No USEPA
amendments 1/1/90 through 6/30/91)
R92-4
Dismissed at 133 PCB 107, April 9, 1992. (No USEPA amendments
7/1/91 through 12/31/91)
R92-13
139 PCB 361, February 4, 1993; 17 Ill. Reg. 6190, effective April 5,
1993. (1/1/92 through 6/30/92)
R93-6
August 5, 1993; 17 Ill. Reg. 15641, effective September 14, 1993.
(7/1/92 through 12/31/92)
R93-17
Dismissed at September 23, 1993. (No USEPA amendments 1/1/93
through 6/30/93)
R94-5
November 3, 1994; 18 Ill. Reg. 18244, effective December 20, 1994.
(7/1/93 through 12/31/93)
R94-24
October 6, 1994. (USEPA amendments 7/1/93 through 12/31/94
included in RCRA Subtitle C docket R94-17)
R95-4
June 1 and 15, 1995; 19 Ill. Reg. 9501, effective June 27, 1995.
(Consolidated with R95-6, RCRA Subtitle C Update.) (7/1/94 through
12/31/94)
R95-18
Dismissed October 5, 1995. (No USEPA amendments 1/1/95 through
6/30/95)
R96-8
Dismissed February 15, 1996. (No USEPA amendments 7/1/95 through
12/31/95)
52
R97-3
November 6, 1997, 22 Ill. Reg. 256, effective December 16, 1997.
(Consolidated with R96-10 and R97-5, RCRA Subtitle C updates.)
(1/1/96 through 6/30/96)
R97-19
Dismissed May 1, 1997. (No USEPA amendments 7/1/96 through
12/31/96)
R98-3
This docket. (Consolidated with R97-21 and R98-5 RCRA Subtitle C
updates.) (1/1/97 through 6/30/97)
R98-19
Dismissed February 19, 1998. (No USEPA amendments 7/1/97 through
12/31/97)
In one proceeding filed, the Board granted an adjusted standard from a UIC land
disposal restriction, pursuant to the procedures outlined above with respect to the RCRA
Subtitle C program (petitioner name in parentheses):
AS92-8
Granted February 17, 1994. (Cabot Corp.; 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 which decisions USEPA will
retain. In addition, the Board is to specify which State agency is to make decisions, based on
the general division of functions within the Act and other Illinois statutes.
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 a few instances in identical-in-substance rules, decisions are not appropriate for
Agency action pursuant to a permit application. Among the considerations in determining the
general division of authority between the Agency and the Board are:
1.
Is the person making the decision 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.
Is there a clear standard for action such that the Board can give meaningful
review to an Agency decision?
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3.
Does the action result in exemption from the permit requirement itself? If so,
Board action is generally required.
4.
Does the decision amount 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 decision: 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). Note that there often are differences in the nomenclature for
these decisions between the USEPA and Board regulations.
Editorial Conventions
As a final note, 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 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.”
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 21st day of May 1998 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
