R98211op.PDF

ILLINOIS POLLUTION CONTROL BOARD

September 17, 1998

IN THE MATTER OF:

)

RCRA UPDATE, USEPA REGULATIONS

)

R98-21

(July 1, 1997, through December 31, 1997)

)

(Identical-in-Substance

)

Rulemaking - Land)

________________________________________

IN THE MATTER OF:

)

RCRA UPDATE, USEPA REGULATIONS

)

R99-2

(January 1, 1998, through June 30, 1998)

)

(Identical-in-Substance

)

Rulemaking - Land)

________________________________________

IN THE MATTER OF:

)

UIC UPDATE, USEPA REGULATIONS

)

R99-7

(January 1, 1998, through June 30, 1998)

)

(Identical-in-Substance

)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

OPINION OF THE BOARD (by K.M. Hennessey):

Under Section 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(a)

(1996)), the Board proposes amendments to the Illinois regulations that are “identical-in-

substance” to hazardous waste regulations that the United States Environmental Protection

Agency (USEPA) adopted to implement Subtitle C of the federal Resource Conservation and

Recovery Act of 1976 (RCRA Subtitle C), 42 U.S.C. §§ 6921

et seq

. (1996). Under Sections

13(c) of the Act (415 ILCS 5/13(c) (1996)), the Board proposes amendments to the Illinois

regulations that are “identical-in-substance” to underground injection control (UIC) regulations

that USEPA adopted 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 that USEPA adopted in the periods July 1, 1997,

through December 31, 1997, and January 1, 1998, through June 30, 1998. The nominal

timeframe also includes federal UIC amendments that USEPA adopted in the period January 1,

1998, through June 30, 1998. However, these dockets also considers specified actions taken

after June 30, 1998, that modify actions which USEPA took during the nominal timeframes of

these dockets.

Section 22.4(a) provides for quick adoption of regulations that are “identical-in-

substance” to federal regulations that USEPA adopts to implement Sections 3001 through 3005

of RCRA, 42 U.S.C. §§ 6921-6925 (1996). Section 22.4(a) also provides that Title VII of the

Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40

(1996)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal

RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 268, 270 through 271, 273,

and, 279.

Section 13(c) similarly provides for quick adoption of regulations that are “identical-in-

substance” to federal regulations that USEPA adopts to implement Section 1421 of SDWA, 42

U.S.C. § 300h (1996)). The federal UIC regulations 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 second-notice review by the Joint Committee on Administrative Rules (JCAR).

This proposed opinion supports the 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.

REASONS FOR DELAY

In January 1998, the Board reserved docket R98-21 for amendments to the federal

RCRA Subtitle C hazardous waste management regulations that USEPA adopted in the period

of July 1, 1997, through December 31, 1997. In July 1998, the Board reserved docket R99-2

for RCRA Subtitle C amendments that USEPA adopted in the period of January 1, 1998,

through June 30, 1998, and docket R99-7 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 R98-21 is December 5, 1998, which is 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 R99-2 is similarly April 15, 1999,

and that for UIC docket R98-5 is May 5, 1999.

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 August 20, 1998, the Board adopted the more than 650 pages of

amendments in the consolidated RCRA Subtitle update C and UIC update docket (R97-

21/R98-3/R98-5). The Board will file those amendments with the Office of the Secretary of

State on or shortly after September 19, 1998, pursuant to our primacy agreement with the

USEPA, which requires the Board to delay filing adopted amendments for 30 days to allow

USEPA an opportunity to review and comment on the rules before they become effective.

The Board has prepared today’s proposal during the pendency of the prior consolidated

docket. However, the Board could not and cannot easily propose the amendments involved in

this docket, for practical reasons, until we actually file those involved in the preceding docket.

Doing so for such extensive, complex, and overlapping amendments could easily result in

error. The order containing the proposed rule text is over 550 pages in length, and 34 of the

75 Sections involved in this proceeding are also involved in the prior consolidated update

docket R97-21/R98-3/R98-5. Thus, today is the first date when the Board can reasonably act

to propose the present amendments.

Adopting this proposal for public comment today will allow the following estimated

progress in this docket, assuming no unforeseen events result in additional delay:

Present Due date:

December 5, 1998

Proposal adopted date:

September 17, 1998

Projected Docket Progress:

Submission for

Illinois Register

Publication:

September 28, 1998

Illinois Register

publication date:

October 9, 1998

End of 45-day public comment period:

November 23, 1998

Board Consideration for Adoption:

December 17, 1998

End of 30-day holding period:

January 17, 1999

Possible filing and effective date:

January 25, 1999

Possible Register publication date:

February 5, 1999

Based on these estimates, it appears that the Board will vote to adopt the present

amendments shortly after the statutory due date of December 5, 1998. Given the additional

time necessary to withhold filing for 30 days to allow USEPA review and to actually prepare

and submit the rules to the Office of the Secretary of State, the Board presently anticipates that

we will complete all necessary actions to adopt the present amendments on or before

February 1, 1999. Having thus found that additional time will be necessary, the Board

presently anticipates that the present amendments will be filed and become effective on or

before February 22, 1999.

The Board will cause a copy of the foregoing to promptly appear as a Notice of Public

Information in the

Illinois Register

CONSOLIDATION OF DOCKETS

The Board is consolidating two RCRA Subtitle C update dockets, R98-21 and R99-2,

and a UIC update docket, R99-7, for the sake of expedience and the convenience of the

regulated community. The Board is consolidating the UIC amendments in docket R99-7 with

the RCRA Subtitle C amendments in docket R99-2 because USEPA adopted the federal

amendments from which the UIC amendments derive as a segment of the federal RCRA

Subtitle C amendments. Thus, the UIC amendments are very closely related to some of the

RCRA Subtitle C amendments involved.

We are further consolidating the RCRA Subtitle C amendments involved in R99-2 with

those involved in R98-21 to speed ultimate adoption of all the amendments involved. Rather

than further delay the adoption of the R99-2 and R99-7, which would likely require

publication of a notice of reasons for delay in those dockets, consolidation will allow the Board

to adopt all of the amendments in the most expeditious manner and at the earliest ultimate

time.

Further supporting consolidation, on September 9, 1998, the Board received public

comment number one (PC 1, described below on page 9 of this opinion). That comment

requests that the Board include certain May 26, 1998, federal amendments involved in docket

R99-2 in our consideration of the R98-21 amendments. PC 1 states: “There are many

changes in this rule which will have a dramatic impact on the waste disposal industry which

would favor the economic climate in Illinois if they were adopted as quickly as possible.” For

that reason as well, the Board will consolidate the dockets.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

Again, three separate dockets are consolidated in this proceeding. R98-21 includes

federal RCRA Subtitle C amendments that occurred during the period July 1, 1997, through

December 31, 1997. R99-2 includes the federal RCRA Subtitle C amendments that occurred

in the period January 1, 1997, through June 30, 1997. Finally, R99-7 includes federal UIC

amendments that occurred in the period January 1, 1998, through June 30, 1998. 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 federal action.

Docket R98-21: July 1, 1997, through December 31, 1997, RCRA Subtitle C

Amendments

USEPA amended the federal RCRA Subtitle C regulations four times of interest to the

Board during the period July 1, 1997, through December 31, 1997. These are summarized as

follows, along with a description of the Board action they require, if any:

62 Fed. Reg. 37699 (July 14, 1997)

USEPA extended the capacity variance from the land disposal restrictions for K088

waste for three months, until October 8, 1997. The Board adopted corresponding

amendments to the Illinois regulations in its opinion and order of November 6, 1997, in

consolidated docket R96-10/R97-3/R97-5. No further Board action is required.

62 Fed. Reg. 45568 (August 28, 1997)

USEPA issued a second emergency extension of the alternative treatment standards for

carbamate wastes for one year, until August 26, 1998. No Board action is required,

since the emergency extension has already elapsed.

62 Fed. Reg. 64503 (December 5, 1997)

USEPA amended the land disposal restrictions to clarify that a treatment variance is

available whenever treatment by the prescribed methods or to the required contaminant

levels is not appropriate, whether or not treatment is possible. The Board will need to

adopt corresponding amendments to the Illinois hazardous waste regulations.

62 Fed. Reg. 64656 (December 8, 1997)

USEPA adopted clarifying and corrective amendments to its organic material emissions

regulations applicable to tanks, containers, and surface impoundments used in the

management of hazardous waste. The Board will need to adopt corresponding

amendments to the Illinois hazardous waste regulations.

Docket R99-2: January 1, 1998, through June 30, 1998, RCRA Subtitle C

Amendments

USEPA amended its RCRA Subtitle C regulations six more times of interest to the

Board during the six-month time period of docket R99-2. The federal actions during this

period of January 1, 1998, through June 30, 1998, are summarized as follows, along with a

description of the Board action they require, if any:

63 Fed. Reg. 18503 (April 15, 1998)

USEPA adopted air, water, and land environmental standards for the pulp and paper

industry sector. The Board will need to adopt corresponding amendments to the Illinois

hazardous waste regulations.

63 Fed. Reg. 24595 (May 4, 1998)

USEPA adopted waste listings and land disposal restrictions relating to wastes from

organobromine chemicals production. The Board will need to adopt corresponding

amendments to the Illinois hazardous waste regulations.

63 Fed. Reg. 24963 (May 6, 1998)

USEPA adopted a direct final rule that was effective July 6, 1998. The rule amends

the used oil regulations to clarify the regulatory status of used oil mixtures containing

PCB-contaminated oils. The Board will need to adopt corresponding amendments to

the Illinois hazardous waste regulations.

63 Fed. Reg. 28555 (May 26, 1998)

USEPA adopted “Phase IV” land disposal restrictions. The Board will need to adopt

corresponding amendments to the Illinois hazardous waste regulations.

63 Fed. Reg. 33781 (June 19, 1998)

USEPA partially adopted the hazardous waste combustion rules. The Board will need

to adopt corresponding amendments to the Illinois hazardous waste regulations.

63 Fed. Reg. 35147 (June 29, 1998)

USEPA adopted technical amendments to the May 4, 1998, organobromine waste

rules. The Board will need to adopt corresponding amendments to the Illinois

hazardous waste regulations.

Docket R99-7: January 1, 1998, through June 30, 1998, UIC Amendments

USEPA amended its UIC rules three times of interest to the Board during the six-month

time period of docket R99-7. Each of these sets of amendments are included in a larger

rulemaking that also amends the federal RCRA Subtitle C regulations. The federal UIC

actions during this period of January 1, 1998, through June 30, 1998, are summarized as

follows, along with a description of the Board action they require, if any:

63 Fed. Reg. 24595 (May 4, 1998)

USEPA adopted waste listings and land disposal restrictions relating to wastes from

organobromine chemicals production. See the description of Board action under the

RCRA Subtitle C docket R99-2 listing.

63 Fed. Reg. 28555 (May 26, 1998)

USEPA adopted “Phase IV” land disposal restrictions. See the description of Board

action under the RCRA Subtitle C docket R99-2 listing.

63 Fed. Reg. 35147 (June 29, 1998)

USEPA adopted technical amendments to the May 4, 1998, organobromine waste

rules. See the description of Board action under the RCRA Subtitle C docket R99-2

listing.

Later RCRA Subtitle C (Hazardous Waste) and UIC Amendments of Interest

The Board engages in ongoing monitoring of federal actions. We have observed that

certain actions since July 1, 1998, that are outside the scope of the nominal timeframes of

dockets R98-21, R99-2, and R99-7 directly affect the amendments involved in those dockets.

Thus, the Board has observed that USEPA amended its RCRA Subtitle C regulations

additional times after July 1, 1998 in ways that directly affect the amendments involved in this

consolidated proceeding. The federal actions during this period of July 1, 1998, to date are

summarized as follows, along with a description of the Board action they require, if any:

63 Fed. Reg. 42580 (August 10, 1998)

USEPA adopted corrections to the May 4, 1998, organobromine production waste

rules, the May 26, 1998, Phase IV land disposal restrictions, and the June 29, 1998,

organobromine waste technical amendments. The corrections affected both the RCRA

Subtitle C and UIC aspects of the May 4 and 26 and June 29, 1998, actions. The

Board will need to adopt corresponding amendments to the Illinois hazardous waste

regulations.

63 Fed. Reg. 46331 (August 31, 1998)

USEPA adopted technical amendments to the May 4, 1998, organobromine waste

rules. The technical amendments affected the RCRA Subtitle C aspects of the May 4,

1998, action. The Board will need to adopt corresponding amendments to the Illinois

hazardous waste regulations.

Unrelated Federal Actions Having an Ancillary Impact on the Illinois RCRA

Subtitle C and UIC Regulations

In addition to the amendments to the federal UIC and RCRA Subtitle C regulations,

other, unrelated federal amendments might have an effect on the corresponding Illinois rules.

Most notably, 35 Ill. Adm. Code 720.111 includes several incorporations of federal

regulations by reference, and USEPA has amended 40 C.F.R. 136, which is included among

the incorporated references. The federal amendments to 40 C.F.R. 136 are as follows, along

with a description of the Board action they require, if any:

62 Fed. Reg. 48394 (September 15, 1997)

USEPA amended its analytical method Method 1613, as codified at 40 C.F.R. 136,

appendix A. This method is used to test aqueous samples for dibenzo-p-dioxins and

dibenzofurans. The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by

reference at 35 Ill. Adm. Code 720.111. The Board should update the incorporation

by reference to reflect the federal amendments.

63 Fed. Reg. 38756 (July 20, 1998)

USEPA published a correction to 40 C.F.R. 136.3(e), table, as published on July 1,

1997. The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by reference at 35

Ill. Adm. Code 720.111. The Board should update the incorporation by reference to

reflect the federal amendments.

63 Fed. Reg. 44146 (August 18, 1998)

USEPA published a correction to 40 C.F.R. 136.3(e), table, as published on July 1,

1997. The Illinois hazardous waste rules incorporate 40 C.F.R. 136 by reference at 35

Ill. Adm. Code 720.111. The Board should update the incorporation by reference to

reflect the federal amendments.

63 Fed. Reg. 48124 (September 9, 1998)

USEPA issued an extension of the Phase IV land disposal restriction (LDR) compliance

deadline, until November 26, 1998, for certain, limited metal-bearing wastes. The

Board should update the incorporation by reference to reflect the federal amendments.

Summary Listing of the Federal Actions Forming the Basis of the Board’s

Actions in this Docket

The federal actions that form the basis for Board action in this consolidated docket are

the following (in chronological order):

62 Fed. Reg. 48394 (September 15, 1997): Amendment of federal analytical method

Method 1613, as codified at 40 C.F.R. 136, appendix A.

62 Fed. Reg. 64503 (December 5, 1997): Clarification of the treatment variance

provisions.

62 Fed. Reg. 64656 (December 8, 1997): Amendments to the organic material

emissions regulations applicable to tanks, containers, and surface impoundments (the

Subpart CC rules).

63 Fed. Reg. 18503 (April 15, 1998): Air, water, and land environmental standards

for the pulp and paper industry sector.

63 Fed. Reg. 24595 (May 4, 1998): Organobromine chemicals production waste rules.

63 Fed. Reg. 24963 (May 6, 1998): Clarification of the regulatory status of used oil

mixtures containing PCB-contaminated oils.

63 Fed. Reg. 28555 (May 26, 1998): The Phase IV LDRs.

63 Fed. Reg. 33781 (June 19, 1998): Partial adoption of the hazardous waste

combustion rules.

63 Fed. Reg. 35147 (June 29, 1998): Technical amendments to the organobromine

waste rules.

63 Fed. Reg. 38756 (July 20, 1998): Correction to 40 C.F.R. 136.3(e), table.

63 Fed. Reg. 42580 (August 10, 1998): Corrections to the organobromine production

waste rules and the Phase IV LDRs.

63 Fed. Reg. 44146 (August 18, 1998): Correction to 40 C.F.R. 136.3(e), table.

63 Fed. Reg. 46331 (August 31, 1998): Technical amendments to the organobromine

waste rules.

63 Fed. Reg. 48124 (September 9, 1998): Extension of the Phase IV LDR compliance

deadline for certain, limited metal-bearing wastes.

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

amendments before they are filed and become effective. The complete text of the proposed

amendments appears in a separate order adopted this day.

Before adopting a proposal for public comment, the Board received one public

comment on the amendments. That comment is as follows:

PC 1

Copy of September 8, 1998, letter from Mark A. Rein, Assistant Vice

President—Environmental Affairs, Peoria Disposal Company, to Michael J.

McCambridge, Hearing Officer, Pollution Control Board (received September

10, 1998).

In PC 1, Peoria Disposal Company (PDC) requests expedited Board consideration of

certain federal amendments. PDC states that economic benefits will result in Illinois if the

Board takes prompt action on the federal amendments of May 26, 1998, which are a segment

of the R99-2 amendments. PDC urges Board consideration of these R99-2 amendments

together with those involved in docket R98-21.

The Board addresses PDC’s request in the detailed discussion of consolidation of

dockets R99-2 and R98-21 on pages 3 and 4 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. The

following discussion begins with a brief explanation of the types of deviations the Board makes

from the literal text of federal regulations in adopting identical-in-substance rules. The brief

explanation of deviations is followed by the first series of substantive discussions, which

consider the amendments and actions undertaken in direct response to the federal actions

involved in this proceeding. This first series of discussions is organized by federal subject

matter, generally appearing in chronological order of the significant

Federal Register

notices

involved. That is followed by the second series of discussions, which considers amendments

and actions that are not directly derived from the federal actions involved.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some minimal deviation from

the federal text is unavoidable. This deviation arises primarily through differences between the

federal and state regulatory structure and systems. Some deviation also arises through errors

in and problems with the federal text itself. 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.

In addition to the amendments derived from federal amendments, the Board often finds

it necessary to alter the text of various passages of the existing rules as provisions are opened

for update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the Code of Federal Regulations to the most recent

version available. As of the date of this opinion, the most recent version of the Code of

Federal Regulations available to the Board is the July 1, 1997 version. Thus, we have updated

all citations to the 1997 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to

make a number of corrections to punctuation, grammar, 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, the federal rules have been edited to establish a uniform usage throughout

the Board’s regulations. For example, with respect to “shall,” “will,” and “may” - “shall” is

used when the subject of a sentence has a duty to do something. “Must” is used when

someone has to do something, but that someone is not the subject of the sentence. “Will” is

used when the Board obliges itself to do something. “May” is used when choice of a

provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.” “Either

. . . or” denotes “one but not both.” “And” denotes “both.”

JCAR has requested that the Board refer to the United States Environmental Protection

Agency in the same manner throughout all of our bodies of regulations—

i.e.

, air, water,

drinking water, RCRA Subtitle D (municipal solid waste landfill), RCRA Subtitle C

(hazardous waste), underground injection control (UIC), etc. The Board has decided to refer

to the United States Environmental Protection Agency as “USEPA.” We will continue this

conversion in future rulemakings as additional sections otherwise become open to amendment.

We will further convert “EPA” from federal text to “USEPA,” where USEPA is clearly

intended.

The Board has assembled tables to aid location of those alterations and to briefly outline

their intended purpose. The tables set forth the miscellaneous deviations from the federal text

and corrections to the pre-amended base text of the rules in detail. The tables are set forth and

explained towards the end of this opinion, beginning on page 17. There is no further

discussion of most of the deviations and revisions elsewhere in this opinion.

Some alterations, on the other hand, are more significant, and substantive discussion is

warranted for those. Those more significant discussions are set forth in the following topical

discussions.

Discussions of Particular Federal Actions

Revised CWA Analytical Methods—Section 720.111

USEPA amended the Clean Water Act, 33 U.S.C. §§ 1251

et seq

. (1996) (CWA),

analytical methods on September 15, 1997. The method amended is Method 1613 for the

determination of tetra- and octachloro- 2,3,7,8-substituted dibenzo-

-dioxins and

dibenzofurans by high resolution gas chromatography/high resolution mass spectrometry

(HRGC/HRMS). The method is codified in 40 C.F.R. 136. On July 20, 1998, and August

18, 1998, USEPA corrected the text of its part 136 as published in the July 1, 1997 version of

the C.F.R.

The Board incorporated 40 C.F.R. 136 by reference in 35 Ill. Adm. Code 720.111.

For this reason, the Board will update the incorporation to include the federal amendments

updating the 1997 edition.

The Board requests public comment on updating the Section 720.111 incorporation of

40 C.F.R. 136 by reference to include these federal amendments.

Clarification of Availability of LDR Treatability Variances—Section 728.144

USEPA adopted the LDR rules on December 5, 1997, to clarify when a treatability

variance is available from an LDR. USEPA amended 40 C.F.R. 268.44 to clarify that a

treatability variance is available when it is not practical to achieve the treatment standard or

use the prescribed treatment method. USEPA stated that it intended to clarify that a variance

is available at times other than when treatment is impossible. Persons interested in the details

of the federal action and the rationale behind it should read the notice of final rule in the

Federal Register

, at 62 Fed. Reg. 64504 (December 5, 1997).

To revise the Illinois regulations to incorporate the federal amendments, the Board used

the mechanism of an “adjusted standard from a treatment standard.” We believe that this

usage is more explicit than our formerly calling it an “adjusted treatment standard.” This

revised usage clearly focuses attention on the adjusted standard procedure of 35 Ill. Adm.

Code 106. The tables beginning on page 17 indicate the several revisions made in the base

text of the regulations and to the verbatim wording of the federal amendments. The Board

requests public comment on the treatability variance amendments.

Subpart CC Air Emissions Rules for Tanks, Containers, and Surface Impoundments—Parts

264 and 265

USEPA made a series of clarifying amendments to the rules that govern the emission of

organic material from tanks, containers, and surface impoundments that contain hazardous

waste. Codified as 40 C.F.R. 264, Subpart CC and 265, Subpart CC, these are called the

“Subpart CC” rules. USEPA included corresponding amendments to the air emissions rules

pertaining to process vents, of 40 C.F.R. 264, Subpart AA and 265, Subpart AA, and to

equipment leaks, of 40 C.F.R. 264, Subpart BB and 265, Subpart BB. The amendments do

not significantly affect the substantive impact of the rules. Persons interested in the details of

the federal action and the rationale behind it should read the notice of final rule in the

Federal

Register

at 62 Fed. Reg. 64636 (December 8, 1997).

In adopting the rule, the Board did not need to include one of the federal amendments.

The sole federal amendment to 40 C.F.R. 270.14(b)(5) was to alter the format of the

references to other rules by adding “of this part.” We believe that USEPA actually intended

“of this subtitle,” but that is immaterial because this format change is not necessary for the

purposes of the

Illinois Administrative Code

. Thus, the Board has not included amendments to

corresponding 35 Ill. Adm. Code 703.183(e) in this proceeding.

The tables beginning on page 17 indicate the several revisions made in the base text of

the regulations and to the verbatim wording of the federal amendments. The Board requests

public comment on the Subpart CC clarifying amendments.

Pulp and Paper Waste Rules—Section 721.104(a)(15)

USEPA adopted a large, integrated set of environmental standards applicable to the

pulp and paper production industry. These rules included national emission standards for

hazardous air pollutants (NESHAP) under the Clean Air Act, 42 U.S.C. §§ 7401

et seq

(1996) (CAA), wastewater effluent and pretreatment standards under the CWA, and a single

amendment to the RCRA Subtitle C hazardous waste rules. The hazardous waste amendment

is the only item of interest in this proceeding. (The Board will deal with the wastewater

pretreatment amendments in the presently-reserved docket In the Matter of: Wastewater

Pretreatment Update, R99-5.) The single hazardous waste amendment at 40 C.F.R.

260.4(a)(15) is an exclusion from the definition of solid waste for condensates from overhead

gasses from kraft mill steam strippers that are used to comply with the new NESHAP

applicable to the industry. Persons interested in the details of the federal action and the

rationale behind it should read the notice of final rule in the

Federal Register

at 63 Fed. Reg.

18504 (April 15, 1998).

The Board incorporated the federal amendment into corresponding 35 Ill. Adm. Code

720.104(a)(15) with one minor deviation from the federal text. The tables beginning on page

17 indicate the single revision made in the verbatim wording of the federal amendments. The

Board requests public comment on the pulp and paper production amendments.

Organobromine Production Waste Rules—Parts 721 and 728 and Section 738.118

USEPA adopted and subsequently revised and corrected rules that added two new listed

hazardous wastes from the production of 2,4,6-tribromophenol, an organobromine chemical

product. USEPA added 2,4,6-tribromophenol to the list of hazardous constituents and added

land disposal restrictions (LDRs) applicable to the two new wastes. (USEPA also added

reportable quantities for 2,4,6-tribromophenol to other regulations applicable under the

Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.

§§ 9601

et seq

. (1996) (CERCLA), and the Emergency Planning and Community Right-to-

Know Act, 42 U.S.C. §§ 11001

et seq

. (1996) (EPCRA), but those are of no concern in this

proceeding.) Through a series of subsequent corrections and technical amendments to these

organobromine waste rules, the three new LDR rules remain intact, but USEPA changed their

effective date to November 26, 1998. Persons interested in the details of the federal action

and the rationale behind it should read the notice of final rule in the

Federal Register

, at 63

Fed. Reg. 24596 (May 4, 1998). The Board directs attention also to the notice of final rule

for the Phase IV LDR amendments, at 63 Fed. Reg. 28556 (May 26, 1998), the notice of

technical amendment, at 63 Fed. Reg. 35147 (June 29, 1998), the notice of final rule,

correction of effective date, and technical amendments, at 63 Fed. Reg. 42580 (August 10,

1998), and notice of extension of compliance date of final rule at 63 Fed. Reg. 48124

(September 9, 1998).

The Board incorporated the federal amendments into the corresponding Illinois rules

with only minor deviations from the federal text. We note that the withdrawal of segments of

the May 4, 1998, amendments on August 10, 1998, due to the error noted on June 29, 1998,

and by virtue of inclusion of the LDRs in the Phase IV amendments of May 26, 1998, was a

bit confusing. It initially appears that the May 4, 1998, treatment standards for K140 and

U408 waste and the universal treatment standard for 2,4,6-tribromophenol, as corrected on

June 29, 1998, were withdrawn by USEPA on August 10, 1998. However, closer

examination reveals that those standards should be a segment of the present amendments by

virtue of their inclusion in the May 26, 1998, Phase IV LDR amendments. Thus, the Board

included these three LDR standards in this rulemaking. The tables beginning on page 17

indicate the several revisions made in the verbatim wording of the federal amendments.

The Board requests public comment on the organobromine production waste amendments.

We specifically request comment on whether our addition of LDR requirements for K140 and

U408 is the proper result of the several actions undertaken by USEPA in this matter.

Used Oil Management Clarifications and Corrections—Parts 721 and 739

USEPA adopted a direct final rule concerning used oil management that became

effective on July 6, 1998. USEPA did not withdraw it in response to adverse comment before

that time. USEPA stated that the amendments eliminated errors and clarified ambiguities in

the used oil management rules. The amendments specify when used oil that is contaminated

with PCBs may be managed under the used oil management regulations, rather than under the

generally-applicable hazardous waste management standards. They clarify that mixtures of

used oil and conditionally-exempt small quantity generator (CESQG) waste are subject to the

used oil standards. The amendments make a small number of other clarifications and

corrections to the rules. Persons interested in the details of the federal action and the rationale

behind it should read the notice of direct final rule in the

Federal Register

at 63 Fed. Reg.

24963 (May 6, 1998).

The Board incorporated the federal amendments into the corresponding Illinois rules

with only minor deviations from the federal text. The tables beginning on page 17 indicate the

several revisions made in the verbatim wording of the federal amendments.

We note that we have altered the references to underground storage tank (UST)

corrective action standards of 35 Ill. Adm. Code 731.Subpart F to refer to the federal

standards of 40 C.F.R. 280, Subpart F. Although the Illinois standards of 35 Ill. Adm. Code

731.Subpart F are the corrective action standards adopted by the Board that are intended to be

identical-in-substance to 40 C.F.R. 280, Subpart F, Section 22.4(d)(3) limits the scope of the

corrective action rules that the Board may adopt under Section 22.4(d) of the Act. This could

result in disparities between 35 Ill. Adm. Code 731.Subpart F and 40 C.F.R. 280, Subpart F

that might render elements of the Illinois RCRA Subtitle C hazardous waste program to

become less stringent than the federal requirements. We avoid this by citing the federal UST

corrective action requirements.

The Board has also inserted the date that USEPA approved the Illinois used oil

management rules, October 4, 1996, for the language, “effective date of the authorized used oil

program,” where it formerly appeared in Sections 739.122, 739.145, 739.154, and 739.164 in the

rules. We used the date that USEPA approved the Illinois rules, rather than November 22, 1993,

when the Board filed them with the Secretary of State and they became effective. We did this

because of USEPA’s use of “approved” in corresponding 40 C.F.R. 279.22, 279.45, 279.54, and

279.64. The Board added an explanatory Board note at the appropriate segments of the regulatory

text.

The Board requests public comment on the used oil management amendments. We

specifically request comment on whether October 4, 1996 is “the effective date of the authorized

used oil program.”

Phase IV s—Parts 721, 728, and 738

USEPA adopted an additional segment of the Phase IV land disposal restrictions

(LDRs). (USEPA adopted the initial segments of the Phase IV LDRs on May 12, 1997, and

the Board adopted those segments in In the Matter of RCRA Subtitle C Update (August 20,

1998), R97-21, In the Matter of UIC Update (August 20, 1998), R98-3, In the Matter of

RCRA Subtitle C Update (August 20, 1998), R98-5 (consolidated).) As part of the added

Phase IV amendments, USEPA adopted amendments that define which secondary materials are

considered wastes that are subject to the LDRs. The recent segment of the Phase IV LDRs

adopted by USEPA established treatment standards for metal-bearing and mineral processing

wastes. USEPA further amended the universal treatment standards for 12 metal constituents

and the treatment standards for all wastes containing those constituents. Among the other

miscellaneous amendments included in this federal action are changes in the standards for

hazardous waste-contaminated soils and an exclusion from the definition of solid waste for

shredded circuit boards in recycling and for certain reused materials in wood preserving

operations. Persons interested in the details of the federal action and the rationale behind it

should read the notice of final rule in the

Federal Register

at 63 Fed. Reg. 28556 (May 26,

1998). The Board further directs attention to the notice of correction at 63 Fed. Reg. 31266

(June 8, 1998), the notice of final rule at 46332 (August 31, 1998), and extension of

compliance date of final rule at 63 Fed. Reg. 48124 (September 9, 1998), which amended the

Phase IV LDR amendments.

The Board incorporated the federal amendments into the corresponding Illinois rules

with only minor deviations from the federal text. The tables beginning on page 17 indicate the

several revisions made in the verbatim wording of the federal amendments.

In one deviation, the Board added language at Section 721.104(a)(9)(C)(v) that reflects

certain requirements unique to the Illinois regulatory scheme. The Board is requiring the

Agency to deny reinstatement of the spent wood preserving solution and wood preserving

wastewaters exclusion in writing, as required under Section 39 of the Act, since the Agency’s

review of an application for reinstatement is in the nature of a permit decision. For the same

reasons, we also explicitly recite the applicant’s right to appeal the Ageny’s determination

before the Board pursuant to Section 40 of the Act. These requirements are inherent in the

Illinois statutory requirements, and the Board believes that explicitly including them in the

rules avoids confusion. This is the approach we took under similar circumstances in adopting

the prior docket in In the Matter of RCRA Subtitle C Update (August 20, 1998), R97-21, In

the Matter of UIC Update (August 20, 1998), R98-3, and In the Matter of RCRA Subtitle C

Update (August 20, 1998), R98-5 (consolidated).

In Section 721.104(a)(16)(D), which relates to the requirements for the exclusion of

secondary materials from solid minerals processing, the Board expressly referenced allowing

the required activities by permit. Again, this is the Agency’s only authority under the Act to

allow activities of the nature contemplated. We further added a Board note that references the

public notice provisions of the RCRA permitting rules in Part 703, since this is the only model

in the regulations for providing an opportunity for public notice and comment.

The Board requests public comment on the Phase IV LDR amendments. We specifically

request comment on our addition of express references to the requirements for Agency decisions on

exemptions and to public notice and comment requirements.

Hazardous Waste Combustion Rules—Sections 703.155, 703.280, 703.Appendix A, 721.104,

721.138, and 721.Table E

USEPA adopted an integrated set of rules applicable to hazardous waste combusters.

The NESHAP aspects of these rules, adopted by USEPA under the authority of the CAA, are

not of immediate interest in this proceeding; only those rules adopted under authority of

RCRA Subtitle C are involved. USEPA explained that these amendments finalize only

segments of an earlier, broader proposal. Included are a conditioned exclusion of certain

hazardous waste fuels that are comparable to fossil fuels from the definition of “solid waste.”

Also included are amendments that modify the permit procedure to facilitate facility

modification to add or implement air pollution controls. Persons interested in the details of the

federal action and the rationale behind it should read the notice of final rule in the

Federal

Register

, at 63 Fed. Reg. 33782 (June 19, 1998).

The Board incorporated the federal amendments into the corresponding Illinois rules

with only minor deviations from the federal text. The tables beginning on page 17 indicate the

several revisions made in the verbatim wording of the federal amendments. Significant, and

warranting discussion, is that the amended Illinois regulatory text now refers to certain federal

requirements in the amendments without incorporating those requirements by reference.

When adopting identical-in-substance regulations, the Board is often confronted with

references to federal requirements. When there is a comparable provision in the Illinois rules,

the Board can sometimes substitute the parallel Illinois requirement for the federal one to

which USEPA refers. When substitution is not appropriate, the Board must weigh whether to

incorporate the federal requirement by reference. Generally, the Board will incorporate the

federal requirement by reference when the text that refers to it seems to draw some

requirements into the hazardous waste regulations from the requirements referenced. In this

instance, USEPA includes references to CAA requirements in the hazardous waste rules. The

federal rules at 40 C.F.R. 261.38(c)(2) and (c)(2)(iii) limit the applicability of the

comparable/syngas exclusion to units subject to “applicable CAA MACT standards.” The

Board does not believe that this actually imposes the CAA maximum achievable control

technology (MACT) requirements, so we did not incorporate the CAA MACT standards by

reference at corresponding Section 721.138(c)(2) and (c)(2)(C). 40 C.F.R. 270.42(j) requires

“compliance with 40 C.F.R. 63.1211 before a permit modification can be requested.” The

Board does not believe that this reference actually incorporates that MACT requirement into

the hazardous waste rules, so we similarly did not incorporate 40 C.F.R. 270.42(j) by

reference in corresponding Section 703.280(j).

The Board requests public comment on the hazardous waste combustion amendments. We

specifically request comment on our decision not to incorporate the federal MACT requirements

reference.

Discussions of Miscellaneous Other Amendments not Federally Driven

The tables beginning on the next page 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.

Extension of the Subpart CC Compliance Deadline—Section 725.982(d)

Under Section 725.982(d), as it is currently written, the Agency may extend the

deadline for compliance with the Subpart CC rules for specific facilities under certain

circumstances. The extensions are available where special circumstances exist that will delay

compliance and the owner or operator has made all reasonable efforts to comply by the

deadline. As originally adopted, in In the Matter of: RCRA Subtitle C Update (June 1 and

15, 1995), R95-6, the Board charged the Agency with the task of evaluating and granting

requests for extensions of the deadline. The Board now questions whether this was a proper

delegation of authority under the Act.

The grant of an extension of the deadline looks like the type of decision customarily

evaluated and made using the adjusted standard procedure under Section 28.1 of the Act. For

this reason, the Board has proposed an amendment to Section 725.982(d) that provides that the

Board will grant an adjusted standard from the implementation date under Section 28.1 of the

Act and 35 Ill. Adm. Code 106 when the facility owner or operator has made the necessary

demonstrations.

Reformatted Equations and Variables—Section 725.982

Various segments of the hazardous waste regulations use mathematical formulae to

express requirements. Those segments include definition of the variables in those equations.

Some of the equations and variables in the base text of Section 725.982 appear in italics.

Under the Illinois Administrative Code codification requirements, at 1 Ill. Adm. Code

100.380(a), the use of italics is reserved for segments of statutory language that appear in the

regulations. The Board is using this opportunity to correct this in the format of all affected

segments of Section 725.982.

In the following tables, the Board indicates the location and nature of the kinds of

deviations from the literal text of the federal amendments involved in this proceeding. The

first table includes deviations made in this Proposal for Public Comment from the verbatim

text of the federal amendments that are driving this docket. The second table indicates

corrections and clarifications that the Board had discovered and

made i

n the base text involved

this proposal. The amendments listed in this second table are not directly derived from the

current federal amendments. Some of the entries in these tables are discussed further in

appropriate segments of the general discussions beginning on 9 of this opinion.

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

703.155(b)(8)

270.72(b)(8)

Changed “standards under 40 CFR part 63,

Subpart EEE” to “the federal Clean Air Act

(CAA) Maximum Achievable Control

Technology (MACT) emissions standards of

40 CFR 63, Subpart EEE”

703.280(j)

270.42(j)

Added “federal;” corrected C.F.R. cite

format; added “paragraph”

703.280(j)(1)

270.42(j)(1)

Added “federal;” used lower case

“notification of intent to comply”

703.280(j)(2)

270.42(j)(2)

Added “act to either;” hyphenated “90-

day;” added requirement for notification in

writing

703.Appendix A para-

graph L(9)

270.42, Appendix I,

paragraph L(9)

Used lower case “changes needed to meet

standards;” added “federal;” corrected

“270.42(i)” to “270.42(j);” added ending

punctuation

721. table of contents

261 table of contents

Added conjunction “or” in Section 721.138

heading

721.103(a)(2)(A)

261.3(a)(2)(i)

Substituted “the mixture” for “it;” used

lower case “toxicity characteristic”

721.104(a)(9)(A)

261.4(a)(9)(i)

Deleted ending conjunction “and”

721.104(a)(9)(B)

261.4(a)(9)(ii)

Changed ending punctuation to a semicolon;

added ending conjunction “and”

721.104(a)(9)(C)(iii)

261.4(a)(9)(iii)(C)

Used “or” in place of “and/or”

721.104(a)(9)(C)(iv)

261.4(a)(9)(iii)(D)

Used “or” in place of “and/or”

721.104(a)(9)(C)(v)

261.4(a)(9)(iii)(E)

Moved prepositional phrase “to the

Agency;” substituted “three” for digit;

added “in writing;” changed “upon finding”

to “if it finds;” added sentences relating to

an Agency statement of denial and an appeal

to the Board

721.104(a)(15)

261.4(a)(15)

Added “federal Clean Air Act regulation”

721.104(a)(16)

261.4(a)(16)

Added a comma before the last element of a

series

721.104(a)(16)(A)

261.4(a)(16)(i)

Added a comma before the last element of a

series

721.104(a)(16)(C)

261.4(a)(16)(iii)

Changed “meeting” to “that meet;”

changed “except” to “Except that;” added

comma before “provided;” changed

“provided” to “provided that;” changed to

singular “a tank or container contains;”

used “that” in place of “which;” changed

“tanks, containers and buildings” to “a

tank, container, or building”

721.104(a)(16)(D)

261.4(a)(16)(iv)

Changed “may make . . . comment” to

“shall allow by permit;” moved adjective

“only;” added conditional language “if the

facility . . . following: the;” compounded

three sentences into a series, separating

them by semicolons and adding the

conjunction “and;” added the definite article

“the” (twice); separated final element in

series with a comma (twice); changed “must

provide” to “provide”

721.104(a)(16)(D)(i)

261.4(a)(16)(iv)(A)

Used “shall” in place of “must;” changed

“if” to “whether;” combined sentences and

changed “factors . . . are” to “must include

the following;” changed comma separating

elements of series to a semicolon

721.104(a)(16)(D)(ii)

261.4(a)(16)(iv)(B)

Added “they must” (five times); changed

“capable” to “be capable;” changed

commas separating elements of series to

semicolons (four times)

721.104(a)(16)(D)(iii)

261.4(a)(16)(iv)(C)

Changed “must” to “shall;” added Board

note indicating location of notice

requirements

721.104(a)(16)(E)

261.4(a)(16)(v)

Changed semicolons separating elements of

series to commas (twice)

721.104(a)(17)

261.4(a)(16)

Changed subsection number to cure

numbering conflict; changed “comparable/-

syngas” to “comparable or syngas”

721.104(b)(7)(C)

261.4(b)(7)(iii)

Added “following conditions are fulfilled”

721.104(b)(7)(C)(i)

261.4(b)(7)(iii)(A)

Added “the owner or operator”

721.104(b)(7)(C)(ii)

261.4(b)(7)(iii)(B)

Added “the owner or operator”

721.138

261.38

Changed “comparable/syngas” to

“comparable or syngas” (twice)

721.138(a)(2)

261.38(a)(2)

Added definite article “the;” added comma

to offset opening prepositional phrase,

added “constituent;” moved parenthetical

“where . . . specification” and placed it in

parentheses; changed parenthetical “(see

Table 1)” to “set forth . . . this Section”

721.138(b)

261.38(b)

Substituted em dash with spaces; added

“fulfill the following requirements”

721.138(b)(1)

261.38(b)(1)

Added “it must”

721.138(b)(2)

261.38(b)(2)

Added “it must”

721.138(b)(3)

261.38(b)(3)

Added “it must”

721.138(b)(4)

261.38(b)(4)

Added “it must”

721.138(b)(5)

261.38(b)(5)

Added “it must”

721.138(c)

261.38(c)

Substituted em dash with spaces

721.138(c)(1)

261.38(c)(1)

Substituted em dash with spaces; changed

“comparable/syngas” to “comparable or

syngas” (three times); used “that” in place

of “who”

721.138(c)(1)(A)

261.38(c)(1)(i)

Used “notice to the Agency” in place of

applicability statement

721.138(c)(1)(A)(ii)

261.38(c)(1)(i)(B)

Changed “comparable/syngas” to

“comparable or syngas” (twice)

721.138(c)(1)(A)(iii)

261.38(c)(1)(i)(C)

Changed “comparable/syngas” to

“comparable or syngas;” removed

“following;” added “listed in subsection

(c)(1)(C) of this Section;” moved

subsections (c)(1)(i)(C)(

) through

(c)(1)(i)(C)(

)

721.138(c)(1)(B)

261.38(c)(1)(ii)

Substituted em dash with spaces; changed

“comparable/syngas” to “comparable or

syngas” (twice)

721.138(c)(1)(B)(i)

261.38(c)(1)(ii)(A)

Added definite article “the;” used “USEPA

identification number” in place of “RCRA

ID number”

721.138(c)(1)(B)(ii)

261.38(c)(1)(ii)(B)

Added definite article “the;” changed

“comparable/syngas” to “comparable or

syngas”

721.138(c)(1)(B)(iii)

261.38(c)(1)(ii)(C)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(1)(B)(v)

261.38(c)(1)(ii)(D)

Added comma, converting prepositional

phrase into a parenthetical; used impersonal

pronoun “which” in place of “whom”

721.138(c)(1)(C)

261.38(c)(1)(i)(C)

Moved the text to comply with codification

requirements; added subsection

(c)(1)(A)(iii) text as a heading; added

explanatory Board note

721.138(c)(1)(C)(i)

261.38(c)(1)(i)(C)(

)

Changed location of text and subsection

indent level; changed “RCRA ID number”

to defined term “USEPA identification

number;” used “or” in place of virgule

721.138(c)(1)(C)(ii)

261.38(c)(1)(i)(C)(

)

Changed location of text and subsection

indent level; changed “EPA Hazardous

Waste Codes” to “USEPA hazardous waste

code(s)”

721.138(c)(1)(C)(iii)

261.38(c)(1)(i)(C)(

)

Changed location of text and subsection

indent level; replaced parenthetical in

commas with restrictive relative clause

offset by “that;” changed “that” to “which”

for second restrictive relative clause;

changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(1)(C)(iv)

261.38(c)(1)(i)(C)(

)

Changed location of text and subsection

indent level; replaced “is” with a comma,

converting text to a parenthetical; replaced

“his” with “its”

721.138(c)(1)(C)(iv)

certification statement

261.38(c)(1)(i)(C)(

)

Changed “required at” to “required by;”

corrected erroneous reference to “40 CFR

261.28(c)(10)” to read “35 Ill. Adm. Code

721.138(c)(10);” changed “comparable/-

syngas” to “comparable or syngas”

721.138(c)(2)

261.38(c)(2)

Substituted em dash with spaces; changed

“comparable/syngas” to “comparable or

syngas;” used “that meet” in place of

“meeting;” changed “Federal/State/local”

to “federal, state, and local;” changed

“CAA MACT requirements” to “federal

Clean Air Act (CAA) maximum achievable

control technology (MACT) requirements”

721.138(c)(2)(A)

261.38(c)(2)(i)

Added comma to offset parenthetical

721.138(c)(3)

261.38(c)(3)

Substituted em dash with spaces; changed

“shall” to “must;” added “fulfill the

following requirements”

721.138(c)(3)(A)

261.38(c)(3)(i)

Added comma and “the waste must” to

form complete sentence

721.138(c)(3)(B)

261.38(c)(3)(ii)

Added “the waste must” to form complete

sentence; removed comma dividing two-

element series

721.138(c)(3)(C)

261.38(c)(3)(iii)

Added “the waste must” to form complete

sentence; removed comma dividing two-

element series

721.138(c)(4)

261.38(c)(4)

Deleted em dash

721.138(c)(4)(A)

261.38(c)(4)(i)

Added “fulfills the following requirements”

721.138(c)(4)(A)(i)

261.38(c)(4)(i)(A)

Added “the treatment”

721.138(c)(4)(A)(ii)

261.38(c)(4)(i)(B)

Added “the treatment;” removed comma

dividing two-element series

721.138(c)(4)(A)(iii)

261.38(c)(4)(i)(C)

Added “the treatment”

721.138(c)(5)(A)

261.38(c)(5)(i)

Added “fulfills the following requirements”

721.138(c)(5)(A)(i)

261.38(c)(5)(i)(A)

Added “the processing”

721.138(c)(5)(A)(ii)

261.38(c)(5)(i)(B)

Added “the processing;” removed comma

dividing two-element series

721.138(c)(5)(A)(iii)

261.38(c)(5)(i)(C)

Added “the processing”

721.138(c)(6)

261.38(c)(6)

Substituted em dash with spaces

721.138(c)(7)

261.38(c)(7)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(7)(A)

261.38(c)(7)(i)

Added “the following”

721.138(c)(7)(B)

261.38(c)(7)(ii)

Changed “shall” to “must”

721.138(c)(8)(B)

261.38(c)(8)(ii)

Changed “comparable/syngas” to

“comparable or syngas” (twice)

721.138(c)(8)(C)

261.38(c)(8)(iii)

Changed “comparable/syngas” to

“comparable or syngas;” added “the

following”

721.138(c)(8)(C)(i)

261.38(c)(8)(iii)(A)

Added “that;” used “percent” in place of

“%”

721.138(c)(8)(C)(ii)

261.38(c)(8)(iii)(B)

Added “that;” used “percent” in place of

“%”

721.138(c)(8)(D)

261.38(c)(8)(iv)

Used “that” in place of “who”

721.138(c)(8)(G)

261.38(c)(8)(vii)

Changed “shall” to “must”

721.138(c)(8)(H)

261.38(c)(8)(viii)

Added “undertake the following actions”

721.138(c)(8)(H)(ii)

261.38(c)(8)(viii)(B)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(8)(I)

261.38(c)(8)(ix)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(9)

261.38(c)(9)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(10)(A)(i)

261.38(c)(10)(i)(A)

Used “or” in place of virgule; used

“identification” in place of “ID”

721.138(c)(10)(A)(ii)

261.38(c)(10)(i)(B)

Substituted “USEPA hazardous waste

codes” in place of “EPA Hazardous Waste

Codes”

721.138(c)(10)(H)(ii)

261.38(c)(10)(viii)(B)

Used “that” in place of “who”

721.138(c)(10)(I)

261.38(c)(10)(ix)

Changed “comparable/syngas” to

“comparable or syngas;” changed “must” to

“shall”

721.138(c)(10)(I)(i)

261.38(c)(10)(ix)(A)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(10)(I)(ii)

261.38(c)(10)(ix)(B)

Changed “comparable/syngas” to

“comparable or syngas”

721.138(c)(10)(I)(iv)

261.38(c)(10)(ix)(D)

Changed “comparable/syngas” to

“comparable or syngas” (twice)

721.138(c)(11)

261.38(c)(11)

Changed “must” to “shall”

721.138(c)(12)

261.38(c)(12)

Changed “comparable/syngas” to

“comparable or syngas;” used “that” in

place of “who;” added “that includes the

following”

721.138(c)(12)(A)

261.38(c)(12)(i)

Added “A certification;” changed

“comparable/syngas” to “comparable or

syngas”

721.138(c)(12)(B)

261.38(c)(12)(ii)

Added “Identification of;” changed

“comparable/syngas” to “comparable or

syngas”

721.138(c)(12)(C)

261.38(c)(12)(iii)

Added “A certification;” changed

“comparable/syngas” to “comparable or

syngas”

721.138(d)

261.38(b)(5) table

Moved table to added subsection; used

lower case for federal title; added colon as

ending punctuation; corrected spelling of

“sulfonated” in text; corrected spelling of

“trichlorotrimonomethane” in text; used

“USEPA” in place of “EPA” in footnote;

added “stated that it” in footnote

724.930(b)(3)

264.1030(b)(3)

Added pronoun “which” for second

restrictive relative clause

724.930(c)

264.1030(c)

Changed “which” to “that;” substituted “35

Ill. Adm. Code 702, 703, and 705” for

“RCRA section 3005;” substituted

“reissued in accordance with . . . 40 CFR

124.15 or reviewed in accordance with . . .

40 CFR 270.50(d)” to “

reissued

, renewed,

or modified in accordance with the

requirements of 35 Ill. Adm. Code 703 and

705”

724.930(d)

264.1030(d)

Added explanatory language at subsection

marked “reserved”

724.930(e)

264.1030(e)

Changed “which” to “that;” added

“federal;” changed “shall” to “must”

724.933(a)(2)

264.1033(a)(2)

Added subsection heading

724.933(a)(2)(B)

264.1033(a)(2)(ii)

Changed “which” to “that”

724.933(a)(2)(C)

264.1033(a)(2)(iii)

Used “

regulatory amendment” in place of

“EPA regulatory amendment;” changed

“amendment’s effective date” to “effective date

of the amendment”

724.933(a)(2)(D)

264.1033(a)(2)(iv)

Used singular “

an owner or operator of a

facility or unit that becomes;” added “the facility

or unit”

724.950(b)(3)

264.1050(b)(3)

Added pronoun “which”

724.950(c)

264.1050(c)

Changed “which” to “that;” substituted “35

Ill. Adm. Code 702, 703, and 705” for

“RCRA section 3005;” substituted

“reissued in accordance with . . . 40 CFR

124.15 or reviewed in accordance with . . .

40 CFR 270.50(d)” to “

reissued

, renewed,

or modified in accordance with the

requirements of 35 Ill. Adm. Code 703 and

705”

724.950(f)

264.1050(f)

Omitted comma between “defined” and

“as”

724.960(b)

264.1060(b)

Added subsection heading

724.960(b)(1)

264.1060(b)(1)

Changed “which” to “that;” changed

“must” to “shall”

724.960(b)(2)

264.1060(b)(2)

Added pronoun “which;” added “the unit”

724.960(b)(3)

264.1060(b)(3)

Used “

regulatory amendment” in place of

“EPA regulatory amendment;” changed

“amendment’s effective date” to “effective date

of the amendment;” corrected “award or

contracts” to “award of contracts”

724.960(b)(4)

264.1060(b)(4)

Used singular “

an owner or operator of a

facility or unit that becomes;” changed “must”

to “shall;” added “the facility or unit”

724.962(b)(2)

264.1062(b)(2)

Added “the owner or operator may”

724.962(b)(3)

264.1062(b)(3)

Added “the owner or operator may”

724.982(c)(2)(I)(i)

264.1082(c)(2)(ix)(A)

Omitted unnecessary comma

724.982(c)(2)(I)(ii)

264.1082(c)(2)(ix)(B)

Used parentheses in place of brackets; used

scientific abbreviation “

° C”

724.984(c)(2)(C)

264.1084(b)(2)(iii)

Added “either of the following must be true

of;” deleted unnecessary comma; added

“of;” deleted “shall be either”

724.984(c)(2)(C)(i)

264.1084(b)(2)(iii)(A)

Added “the opening or manifold system is”

724.984(c)(2)(C)(ii)

264.1084(b)(2)(iii)(B)

Added “the opening or manifold system is;”

moved federal paragraphs (b)(2)(iii)(B)(

)

and (b)(2)(iii)(B)(

) to subsection

(b)(2)(iii)(E)

724.984(c)(2)(E)

264.1084(b)(2)(iii)(B)

Added subsection as header to subsections

moved to comply with codification

requirements

724.984(c)(2)(E)(i)

264.1084(b)(2)(iii)(B)(

)

Moved subsection to comply with

codification requirements; changed ending

punctuation to a semicolon and added

conjunction “and”

724.984(c)(2)(E)(ii)

264.1084(b)(2)(iii)(B)(

)

Moved subsection to comply with

codification requirements; added

explanatory Board note

724.985(d)(1)(C)

264.1085(d)(1)(iii)

Removed commas offsetting prepositional

phrase; added pronoun “which”

724.985(e)(2)

264.1085(e)(2)

Changed “either” to “any”

724.986(c)(4)(A)

264.1086(c)(4)(i)

Changed “shall” to “must;” changed “that”

to “on which;” added “when;” changed

“for purposes” to “for the purposes;”

changed “EPA” to “USEPA;” changed

reference to “subpart E of this part, at 40

CFR 264.71” to “Section 724.171”

724.986(d)(2)

264.1086(d)(2)

Retained lower case “a” after colon

724.986(d)(4)(A)

264.1086(d)(4)(i)

Changed “shall” to “must;” changed “that”

to “on which;” added “when;” changed

“for purposes” to “for the purposes;”

changed “EPA” to “USEPA;” changed

reference to “subpart E of this part, at 40

CFR 264.71” to “Section 724.171”

724.986(g)

264.1086(g)

Changed “shall” to “must”

724.989(a)

264.1089(a)

Added definite article “the”

724.989(f)(1)

264.1089(f)(1)

Added definite article “the”

724.989(j)(1)

264.1089(j)(1)

Added definite article “the;” added

“federal”

724.989(j)(2)

264.1089(j)(2)

Added indefinite article “an;” added

“federal”

725.930(b)(3)

265.1030(b)(3)

Added pronoun “which” for second

restrictive relative clause

725.930(d)

265.1030(d)

Changed “which” to “that;” added

“federal;” changed “shall” to “must”

725.933(a)(2)

265.1033(a)(2)

Added subsection heading

725.933(a)(2)(B)

265.1033(a)(2)(ii)

Changed “which” to “that”

725.933(a)(2)(C)

265.1033(a)(2)(iii)

Used “

regulatory amendment” in place of

“EPA regulatory amendment;” changed

“amendment’s effective date” to “effective date

of the amendment”

725.933(a)(2)(D)

265.1033(a)(2)(iv)

Used singular “

an owner or operator of a

facility or unit that becomes;” added “the facility

or unit”

725.950(b)(3)

265.1050(b)(3)

Added pronoun “which”

725.950(e)

265.1050(f)

Omitted comma between “defined” and

“as”

725.960(b)

265.1060(b)

Added subsection heading

725.960(b)(1)

265.1060(b)(1)

Changed “which” to “that;” corrected “can

not” to “cannot;” changed “must” to

“shall”

725.960(b)(2)

265.1060(b)(2)

Changed to singular “any unit that begins

. . . is;” added pronoun “which;” added

“the unit”

725.960(b)(3)

265.1060(b)(3)

Used “

regulatory amendment” in place of

“EPA regulatory amendment;” changed

“amendment’s effective date” to “effective date

of the amendment;” corrected “award or

contracts” to “award of contracts”

725.960(b)(4)

265.1060(b)(4)

Used singular “

an owner or operator of a

facility or unit that becomes;” changed “must”

to “shall;” added “the facility or unit”

725.962(b)(2)

265.1062(b)(2)

Added “the owner or operator may”

725.962(b)(3)

265.1062(b)(3)

Added “the owner or operator may”

725.982(a)(2)(B)

265.1082(a)(2)(ii)

Added “the dates of” (three times)

725.982(b)(1)

265.1082(b)(1)

Omitted unnecessary comma after

“Subpart”

725.982(b)(2)

265.1082(b)(2)

Omitted unnecessary comma after

“operation;” Added definite article “the”

before “exemption;” added “undertake the

following actions”

725.982(b)(2)(A)

265.1082(b)(2)(i)

Omitted unnecessary comma after “unit”

725.982(c)

265.1082(c)

Used singular “

an owner or operator of a

facility or unit that becomes;” changed “must”

to “shall;” added “the owner or operator;”

changed “must” to “shall;” added “the

requirements of;” added “to the owner or

operator of such a facility”

725.983(c)(2)(I)(i)

265.1083(c)(2)(ix)(A)

Omitted unnecessary comma

725.983(c)(2)(I)(ii)

265.1083(c)(2)(ix)(B)

Used parentheses in place of brackets; used

scientific abbreviation “

° C”

725.984(a)(3)(D)(ii)

265.984(a)(3)(iv)(B)

Added “

determined according to subsection

(a)(3)(G) of this Section” to move subsections

to comply with codification requirements

725.984(a)(3)(E)

265.984(a)(3)(v)

Changed “will” to “must”

725.984(a)(3)(F)

265.984(a)(3)(v)

Moved to accommodate added subsection

(a)(3)(E); corrected designation in Board

note

725.984(a)(3)(G)

265.984(a)(3)(vi)(B)

Added subsection to move text to comply

with codification requirements; added

explanatory Board note

725.984(a)(3)(G)(i)

265.984(a)(3)(vi)(B)(

)

Moved text to comply with codification

requirements; added incorporation

language; added “

the VO concentration must

be considered to be

”

725.984(a)(3)(G)(ii)

265.984(a)(3)(vi)(B)(

)

Moved text to comply with codification

requirements; added “

the VO concentration

must be considered to be;

” used parentheses

in place of brackets; used scientific

abbreviation “

° C”

725.984(b)(3)(C)

265.984(b)(3)(iii)

Omitted unnecessary comma after

“

(c)(2)(F);” corrected citation to “

(b)(3)(C)-

(vii);”

725.985(c)(2)(C)

264.1085(b)(2)(iii)

Added “either of the following must be true

of;” deleted unnecessary comma; added

“of;” deleted “shall be either”

725.985(c)(2)(C)(i)

265.1085(b)(2)(iii)(A)

Added “the opening or manifold system is”

725.985(c)(2)(C)(ii)

265.1085(b)(2)(iii)(B)

Added “the opening or manifold system is;”

moved federal paragraphs (b)(2)(iii)(B)(

)

and (b)(2)(iii)(B)(

) to subsection

(b)(2)(iii)(E)

725.985(c)(2)(E)

265.1085(b)(2)(iii)(B)

Added subsection as header to subsections

moved to comply with codification

requirements

725.985(c)(2)(E)(i)

265.1085(b)(2)(iii)(B)(

)

Moved subsection to comply with

codification requirements; added “when”

after “periods;” changed ending punctuation

to a semicolon and added conjunction “and”

725.985(c)(2)(E)(ii)

265.1085(b)(2)(iii)(B)(

)

Moved subsection to comply with

codification requirements; added

explanatory Board note

725.986(e)(2)

265.1086(e)(2)

Changed “either” to “any”

725.987(c)(4)(A)

265.1087(c)(4)(i)

Added “it;” changed “shall” to “must;”

changed “that” to “on which;” added

“when;” changed “for purposes” to “for the

purposes;” changed “EPA” to “USEPA;”

changed reference to “subpart E of this

part, at 40 CFR 265.71” to “Section

725.171”

725.987(d)(4)(A)

265.1087(d)(4)(i)

Changed “shall” to “must;” changed “that”

to “on which;” added “when;” changed

“for purposes” to “for the purposes;”

changed “EPA” to “USEPA;” changed

reference to “subpart E of this part, at 40

CFR 264.71” to “Section 724.171”

725.987(g)

265.1087(g)

Changed “shall” to “must”

725.990(a)

265.1090(a)

Added definite article “the”

725.990(f)(1)

265.1090(f)(1)

Added definite article “the”

725.990(j)(1)

265.1090(j)(1)

Added definite article “the;” added

“federal”

725.990(j)(2)

265.1090(j)(2)

Added indefinite article “an;” added

“federal”

725.Appendix F

“bromoxynil”

265, Appendix VI

Added chemical name “(3,5-Dibromo-4-

hydroxybenzonitrile)”

725.Appendix F

“dichlorvos”

265, Appendix VI

Added hyphens to CAS number

725.Appendix F

“diethyl(4-methyl-

umbelliferyl)thiono-

phosphate”

265, Appendix VI

Omitted spaces from chemical name

725.Appendix F

“diethylphosphoro-

thioate”

265, Appendix VI

Omitted spaces from chemical name

728. Table of

Contents

268 Table of Contents

Capitalized Sections 728.133, 728.134, and

728.149 headings

728.102 “soil”

268.2(k)

Placed quotation marks on defined term;

added comma to offset parenthetical “as

. . . Service;” added comma before last

element of series “solids;” used “that” in

place of “which” for restrictive relative

clause; added “which” for subsequent

restrictive relative clause

728.107(a)(1)

268.7(a)(1)

Retained “determines” in place of “would

normally determine;” deleted unnecessary

comma after “constituents;” changed

“waste’s extract” to “waste extract;”

omitted commas from “and . . . wastes;”

changed “shall” to “must;” omitted

unnecessary comma between “waste” and

“that”

728.107(a)(2)

268.7(a)(2)

Deleted colon; moved prepositional phrase

“with . . . facility;” added “the generator

shall” and “of the one-time notice” to create

independent clause

728.107(a)(2)(B)

268.7(a)(2)(ii)

Added explanatory language in place of

reserved subsection

728.107(a)(3)(B)

268.7(a)(3)(ii)

Added “the column headed ‘(a)(3)’”

728.107(a)(7)

268.7(a)(7)

Added comma to offset parenthetical “as

specified at 35 Ill. Adm. Code

721.104(a)(2);” used “that” in place of

“which;” added “that;” used “under 35 Ill.

Adm. Code 730” in place of “by the

SDWA”

728.107(b)(3)(B)

268.7(b)(3)(ii)

Used “USEPA hazardous waste number and

manifest number” in place of “USEPA

Hazardous Waste and Manifest numbers;”

replaced dash with “through;” added

“waste;” added space to “a characteristic”

728.107(b)(4)(D)

268.7(b)(4)(iv)

Added “that” (twice)

728.107(b)(4)(E)

268.7(b)(4)(v)

Used lower case “universal treatment

standards” (twice)

728.107(e)

268.7(e)

Changed to singular “a generator or treater

. . . receives;” used “that” in place of

“who” (twice); used “USEPA or the

Agency” in place of “EPA or an authorized

state;” offset “as provided in Section

728.149(a)” in commas as parenthetical

(twice); changed “must” to “shall do the

following”

728.133

268.33

Capitalized heading

728.133(a)

268.33(a)

Omitted past effective date; used “USEPA

hazardous waste number” (twice); deleted

unnecessary comma after “K140”

728.133(b)(2)

268.33(b)(2)

Used “the Board has” in place of “persons

have been;” added “the” before “wastes”

728.133(b)(4)

268.33(b)(4)

Added commas to parenthetical “in the

alternative;” added definite article “the”

before “treatment”

728.133(b)(5)

268.33(b)(5)

Used “USEPA has” in place of “persons

have been;” added comma and replaced

“pursuant to” with “as described in”

728.133(c)

268.33(c)

Used “shall” in place of “must;” added

“in” before “the waste;” used lower case

“universal treatment standard”

728.134

268.34

Capitalized heading

728.134(a)

268.34(a)

Omitted past effective date; used “USEPA

hazardous waste number;” used “through”

in place of dash; added comma after “i.e.”

728.134(b)

268.34(b)

Omitted past effective date; used lower case

“slag;” used “that” in place of “which;”

used lower case “characteristic of toxicity”

in place of “Toxicity Characteristic”

728.134(c)

268.34(c)

Used “USEPA hazardous waste numbers;”

used “through” in place of dash; added

comma after “i.e.”

728.134(d)

268.34(d)

Deleted past effective date, added “until”;

Used “USEPA hazardous waste numbers;”

used “through” in place of dash; added

comma after “i.e.”

728.134(e)

268.34(e)

Added “any of the following applies to the

waste”

728.134(e)(2)

268.34(e)(2)

Used “the Board has” in place of “persons

have been”

728.134(e)(4)

268.34(e)(4)

Used “USEPA has” in place of “persons

have been;” corrected “these” to “those”

728.134(e)

268.34(e)

Used lower case “universal treatment

standard”

728.140(e)

268.40(e)

Used singular “a characteristic waste . . .

is;” used singular “USEPA hazardous waste

number;” added “the waste” (twice);

removed unnecessary comma after

“(CWA);” added “or one;” removed

unnecessary comma after “CWA-

equivalent”

728.140(h)

268.40(h)

Added “USEPA hazardous waste numbers;”

used “through” in place of dash; removed

commas offsetting restrictive relative clause

“that were . . . put into storage”

728.142(a)

268.42(a)

Added “listed;”

728.144(a)

268.44(a)

Replaced “the Administrator may approve a

variance” with “the Board will grant an

adjusted standard;” added “the petitioner

can demonstrate . . .”

728.144(a)(2)

268.44(a)(2)

Added “either of the following applies . . .

”

728.144(h)

268.44(h)

Replaced “the Administrator may approve a

variance” with “the Board will grant an

adjusted standard;” added “the petitioner

can demonstrate . . .”

728.144(h)(2)

268.44(h)(2)

Added “either of the following applies . . .

”

728.144(h)(3)

268.44(h)(3)

Replaced “treatment variances approved”

with “an adjusted standard from a treatment

standard granted;” change “must” to

“will;” added “include the following

features”

728.144(h)(3)(A)

268.44(h)(3)(i)

Added “

the adjusted standard from the

treatment standard will;” added “an” before

“alternative;” used singular “standard;” added

“will achieve the following”

728.144(h)(3)(A)(i)

268.44(h)(3)(i)(B)

Added “it will”

728.144(h)(3)(A)(ii)

268.44(h)(3)(i)(B)

Added “it will”

728.144(h)(3)(B)

268.44(h)(3)(ii)

Added “

the adjusted standard from the

treatment standard will”

728.144(h)(5)

268.44(h)(5)

Added “the Board . . . pertaining to”

728.144(m)

268.44(m)

Changed “all variances” to “any adjusted

standard from a treatment standard;”

changed “any given treatment variance” to

“the requested adjusted standard;” changed

“EPA” to “the Board;” changed “a

treatment variance” to “the adjusted

standard;” changed “approved” to

“granted”

728.149

268.49

Capitalized heading

728.149(a)

268.49(a)

Changed “you must” to “an owner or

operator shall;” removed unnecessary

commas offsetting “or . . . generated;

added pronoun “which” before “exhibited;”

changed “you” to “an owner or operator”

728.149(a) table

268.49(a)

Added definite article “the” to first two

column headings; changed “you” to “an

owner or operator” in fourth column

heading; changed “didn’t” to “did not”

(three times); changed “don’t” to “do not;”

changed “needn’t” to “needs not”

728.149(b)

268.49(b)

Used lower case “universal treatment

standard” (twice); used “or” in place of

“and/or”

728.149(c)

268.49(c)

Used lower case “universal treatment

standard”

728.149(c)(1)(C)

268.49(c)(1)(C)

Used lower case “universal treatment

standard” (twice)

728.149(d)

268.49(d)

Used lower case “universal treatment

standard”

728.149(e)(2)

268.49(e)(2)

Added “the following requirements”

728.Table I

268.7(a)(4), Table 1

Added “USEPA hazardous waste numbers;”

added “waste;” added closing bracket

728.Table T “D004”

268.40, Table

Retained method number

728.Table T “D005”

268.40, Table

Retained method number

728.Table T “D006”

268.40, Table

Retained method number

728.Table T “D007”

268.40, Table

Retained method number

728.Table T “D008”

268.40, Table

Retained method number

728.Table T “D009”

268.40, Table

Retained method number

728.Table T “D010”

268.40, Table

Retained method number

728.Table T “D011”

268.40, Table

Retained method number

728.Table T “D012”

268.40, Table

Added “toxicity characteristic leaching