ILLINOIS POLLUTION CONTROL BOARD
December 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)
Adopted Rule. Final Order.
OPINION OF THE BOARD (by K.M. Hennessey):
Today, the Board adopts 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). The Board does
so under Section 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(a)
(1996)). The Board also adopts 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 U.S.C. § 300h
et seq
.
(1996). The Board adopts these amendments under Section 13(c) of the Act (415 ILCS
5/13(c) (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
2
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 opinion supports the order that the Board also adopts today. The Board will cause
the adopted amendments to be filed with the Office of the Secretary of State and published in
the
Illinois Register
30 days after the date of this opinion and accompanying order. The 30-
day delay in filing is to allow USEPA to review the adopted rules before they become
effective, pursuant to the primacy agreement between USEPA and the State of Illinois.
PROCEDURAL BACKGROUND
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 was 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 was 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. The Board adopted a proposal for public comment in this matter on
September 17, 1998. In a segment of that proposal, the Board set forth reasons for delay and
extended the deadline for adoption until February 22, 1999. As is described more fully on
page 8 below, in the segment of this opinion pertaining to public comments, Notices of
Proposed Amendments appeared in the October 16, 1998 issue of the
Illinois Register
. A
Notice of Public Information on Proposed Rules explaining the reasons for delay appeared in
the October 9, 1998 issue, at 22 Ill. Reg. 18125.
In another segment of the September 17, 1998 opinion, the Board consolidated the two
RCRA Subtitle C update dockets, R98-21 and R99-2, and the UIC update docket, R99-7, for
the sake of expedience and the convenience of the regulated community. This was because the
UIC amendments are very closely related to some of the RCRA Subtitle C amendments
3
involved, and consolidation of the two sets of RCRA Subtitle C amendments involved would
speed ultimate adoption of all the amendments involved. Further, on September 9, 1998, the
Board received public comment number one (PC 1, described below on page 8 of this
opinion), which requested expedited consideration of certain May 26, 1998 federal
amendments involved in docket R99-2 in our consideration of the R98-21 amendments.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
As noted, three separate dockets have been 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 was 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 was required,
since the emergency extension had 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 must 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
4
management of hazardous waste. The Board must 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 must 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 must 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 must 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 must 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 must 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 must 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
5
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 monitors federal actions on an ongoing basis. 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 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. 37782 (July 14, 1998)
USEPA removed three amendments from its May 6, 1998 direct final rule relating to
used oil contaminated with PCBs. The Board must include these amendments by
deleting the three amendments withdrawn.
63 Fed. Reg. 42109 (August 6, 1998)
USEPA adopted new listings for five additional hazardous wastes from the petroleum
refining industry, along with land disposal restrictions (LDRs) for these wastes. The
Board received a request for expedited consideration of these amendments, which is
described below on page 17.
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 must adopt corresponding amendments to the Illinois hazardous waste
regulations.
6
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 must adopt corresponding amendments to the Illinois
hazardous waste regulations.
63 Fed. Reg. 48124 (September 9, 1998)
USEPA issued an extension of the Phase IV LDR compliance deadline, until
November 26, 1998, for certain, limited metal-bearing wastes. The Board updated the
incorporation by reference to reflect the federal amendments.
63 Fed. Reg. 54356 (October 9, 1998)
USEPA changed the compliance deadline of the August 6, 1998 petroleum waste rules
until December 8, 1998. The Board does not need to take action on this past effective
date.
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 updated 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 updated 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 updated the incorporation by reference to reflect
the federal amendments.
7
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. 37782 (July 14, 1998)
Removal of three amendments from the May 6, 1998 direct final rule relating to used
oil contaminated with PCBs.
63 Fed. Reg. 38756 (July 20, 1998): Correction to 40 C.F.R. 136.3(e), table.
63 Fed. Reg. 42109 (August 6, 1998)
New listings and LDRs for four additional hazardous wastes from the petroleum
refining industry.
63 Fed. Reg. 42580 (August 10, 1998): Corrections to the organobromine production
waste rules and the Phase IV LDRs.
8
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 adopted a proposal for public comment in this matter on September 17,
1998. Notices of Proposed Amendments appeared in the October 16, 1998 issue of the
Illinois
Register
, at 22 Ill. Reg. 18661 (Part 703), 18236 (Part 720), 18250 (Part 721), 18693 (Part
724), 18370 (Part 725), 18481 (Part 728), 18226 (Part 738), and 18780 (Part 739). The
Board received public comments on this proposal for a period of 45 days following its
publication in the
Illinois Register
, until November 30, 1998. Since that time has now lapsed,
the Board may adopt 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 was 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).
The Board subsequently received a public comment from the Illinois Environmental
Protection Agency (Agency). That comment was as follows:
PC2 November 24, 1998 response of the Agency to the public comment period, by
Susan J. Schroeder, Associate Counsel, Division of Legal Counsel (received
November 24, 1998)
In addition to the public comments, the Board received other documents relating to the
proposed amendments. These are described as follows:
Identical First Notice Line Numbered Version, from JCAR, indicating revisions that
JCAR made to the text in preparing the proposal for publication in the
Illinois Register
(received October 20, 1998)
9
Petition for Expedited Consideration of Identical-in-Substance RCRA Rules, from
Patricia F. Sharkey and Mayer, Brown & Platt, for Clark Refining and Marketing, Inc.
(received November 24, 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 addressed PDC’s request in the
detailed discussion of consolidation of dockets R99-2 and R98-21 on pages 3 and 4 of the
September 17, 1998 opinion.
In PC 2, the Agency indicates five corrections that it believes are necessary to the text
of the amendments as embodied in the September 17, 1998 proposal for public comment. The
Board has made the indicated corrections, and these are indicated in the table of revisions to
the proposal that begins on page 42 of this opinion.
Similarly, the Board has accepted nearly all of the revisions made by JCAR. Those
revisions, and any alternative revisions made by the Board that were prompted by JCAR
revisions, appear in the table of revisions to the proposal that begins on page 42 of this
opinion. The table of revisions not accepted, which begins on page 53 of this opinion,
indicates the small number of JCAR revisions that the Board has not accepted.
The Clark Refining request for expedited consideration is discussed in the segment of
this opinion on the August 6, 1998 petroleum waste amendments, beginning on page 17. The
Board has granted the requested expedited consideration, and the table of revisions to the
proposal that begins on page 42 of this opinion indicates the amendments added as a result of
the Clark Refining request.
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
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 consider amendments
and actions that are not directly derived from the federal actions involved.
10
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 USEPA 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
11
sections are opened for 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 20. 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-
p
-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 has updated the incorporation to include the federal amendments
updating the 1997 edition.
The Board requested public comment on updating the Section 720.111 incorporation of
40 C.F.R. 136 by reference to include these federal amendments. We received no comments
on the incorporation of this updated federal regulation.
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
12
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 20 indicate the several revisions made in the base
text of the regulations and to the verbatim wording of the federal amendments. The Board
requested public comment on the treatability variance amendments and received none on these
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 20 indicate the several revisions made in the base text of
the regulations and to the verbatim wording of the federal amendments. The Board requested
public comment on the Subpart CC clarifying amendments and received none.
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
13
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
20 indicate the single revision made in the verbatim wording of the federal amendments. The
Board requested public comment on the pulp and paper production amendments and received none.
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. 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. The tables beginning on page 20 indicate the
several revisions made in the verbatim wording of the federal amendments.
We note that a series of federal amendments may cause confusion. On May 4, 1998,
USEPA adopted the organobromine waste rules, which included land disposal restrictions and
treatment standards for hazardous waste numbers K140 and U408 and a universal treatment
standard for 2,4,6-tribromophenol. These new treatment standards subsequently appeared in
the May 26, 1998 Phase IV LDRs. USEPA adopted technical amendments to the
organobromine waste rules on June 29, 1998. On August 10, 1998, USEPA corrected the
effective date of the organobromine waste rules, which included withdrawing the May 4, 1998
and June 29, 1998 treatment standards for K140 and U408 wastes and the universal treatment
standard for 2,4,6-tribromophenol. However, the August 10, 1998 notice of corrective
amendments indicates that USEPA intended to preserve the treatment standards published on
May 26, 1998, at 63 Fed. Reg. 28702, 28737, and 28748. Thus, the Board included the LDR
treatment standards for K140 and U408 wastes and the universal treatment standard for 2,4,6-
tribromophenol in this rulemaking.
The Board requested public comment on the organobromine production waste amendments.
We specifically requested comment on whether our addition of LDR requirements for K140 and
14
U408 is the proper result of the several actions undertaken by USEPA in this matter. We received
no comment on these amendments.
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 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.
USEPA withdrew three segments of these amendments in response to adverse comment
on July 14, 1998. USEPA withdrew its amendments to 40 CFR 261.5(i), 279.10(i), and
279.74(a). USEPA did not withdraw its amendments to 40 CFR 261.6(a), 279.22(d),
279.45(h), 279.54(g), and 279.64(g). 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. We amended 35 Ill. Adm. Code 721.106(a),
739.122(d), 739.145(h), 739.154(g), and 739.164(g) in response to this federal action; we did
not amend 35 Ill. Adm. Code 721.105(i), 739.110(i), and 739.174(a). The tables beginning
on page 20 indicate the several revisions made in the verbatim wording of the federal
amendments. The Agency noted that the Board had omitted the amendments to 739.110(i) in
our September 17, 1998 proposal for public comment. PC 2. The Board denies the Agency’s
request because, as noted above, USEPA withdrew these amendments on July 14, 1998. The
Board’ denial is reflected in the table that begins on page 53 of this opinion.
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
15
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 requested public comment on the used oil management amendments. We
specifically requested comment on whether October 4, 1996 is “the effective date of the authorized
used oil program.” We received no comment on the October 4, 1996 date, but we did receive a
comment from the Agency (PC 2) indicating that the Board neglected to include the May 6, 1998
federal amendment to 40 C.F.R. 279.10(i). We have now added the federal amendment in
corresponding 35 Ill. Adm. Code 739.110(i).
Phase IV LDRs—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 20 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
16
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 requested public comment on the Phase IV LDR amendments. We specifically
requested comment on our addition of express references to the requirements for Agency decisions
on exemptions and to public notice and comment requirements. We received no comment on the
references, but we did receive a comment from the Agency (PC 2) indicating that the Board
neglected to include the August 31, 1998 federal amendment to 40 C.F.R. 268.40(i). We have
now added the federal amendment in corresponding 35 Ill. Adm. Code 728.140(i).
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
17
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 requested public comment on the hazardous waste combustion amendments. We
specifically requested comment on our decision not to incorporate the federal MACT requirements
reference. We received no comments.
Hazardous Waste Listings and LDRs for Five New Petroleum Refining Wastes—Sections
721.103, 721.104, 721.106, 721.131, 721.132, 721.Appendix G, 728.135, and 728.Table T
USEPA adopted five new hazardous waste listings for wastes generated by the
petroleum refining industry, together with associated LDRs for the new wastes. A segment of
these new listings includes various waste exclusions. 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. 42109 (August 6, 1998), and the delayed effective date (now past)
adopted at 63 Fed. Reg. 54356 (October 9, 1998).
The Board received a request for expedited consideration of these amendments on
November 24, 1998, from Clark Refining and Marketing, Inc. Clark Refining desires the
Board to confer the benefits of the waste exclusions on Illinois industry as soon as possible.
Clark notes that USEPA adopted the new waste listings and associated LDRs under its
Hazardous and Solid Waste Amendments of 1984 (HSWA) authority, so they will go into
effect in Illinois on their federal effective date without regard to when the Board adopts them.
However, the exclusions will not.
See
63 Fed. Reg. 42111 (Aug. 6, 1998); 42 U.S.C.
6921(e)(1) & 6924(g) & (m) (1996). Thus, immediate Board action would minimize the time
during which the Illinois regulations are more stringent than the federal rules upon which they
are based.
The Board will grant expedited consideration of the August 6, 1998 federal
amendments to the extent that we can at this time. We note that most of the provisions that the
August 6, 1998 amendments would impact are already involved in this proceeding. Adopting
the new waste listings and LDRs will not make them go into effect in Illinois any sooner, since
they will take effect in Illinois on their federal effective dates. Rather, adopting the
amendments will confer the benefits of the federal waste exclusions sooner than if we deferred
18
action until docket R99-15, the RCRA Subtitle C update docket for the period July 1, 1998
through December 31, 1998. The tables of revisions to the proposal for public comment,
beginning on page 42, indicate the several August 6, 1998 federal amendments that we are
adding to this proceeding in response to this request.
The Board notes that there is one federal amendment that we cannot include in this
docket. That amendment affected 40 C.F.R. 266.100. 35 Ill. Adm. Code 726 is not presently
open in this proceeding, so we cannot include an amendment to corresponding 35 Ill. Adm.
Code 726.200. Instead, we will have to defer action on that single amendment until we can
act under the next update docket, R99-15. We note that the amendment to 40 C.F.R. 266.100
is an exclusion from 40 C.F.R. 266 for certain wastes. That exclusion is not essential to the
exclusions under 40 C.F.R. 261 and 268 and corresponding 35 Ill. Adm. Code 721 and 728,
and there is no other reason that occurs to the Board why that omission should delay action on
all the other August 6, 1998 federal amendments.
In granting expedited consideration and making the August 6, 1998 federal
amendments, the Board notes a significant federal error in the text. The existing F037
hazardous waste listing states the wastes that are included in the listing. The second sentence
states what these wastes include, and the third sentence states what is excluded. In addition to
a new ending sentence for the listing, the August 6, 1998 amendments combined the second,
inclusive, sentence with the third, exclusive, sentence by the replacement of a period with a
comma. The result is a single sentence that includes and excludes the same listed items. The
Board believes this was an inadvertent error. The Board has retained the period and not
combined the sentences because that is the only way that they can make any sense.
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.
19
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 amended Section 725.982(d) to provide 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.
JCAR-Prompted Indentation Changes—Parts 703, 721, 724, 725, 728, and 739
In its revisions to the text of the proposed amendments, JCAR indicated a number of
format revisions that it desires the Board to make. Two groups of these changes relate to
textual indentation levels. The Board has made the changes indicated by JCAR and searched
the text of the amendments to make sure that these changes are uniformly applied throughout
the text.
The first series of indentation changes is to the indent level of Board Notes in the text.
The Board’s former practice, at the insistence of the Office of the Secretary of State, was to
indent each Board Note to the level of the text that immediately precedes it. JCAR has
requested that the Board use the indent level of the text to which the note corresponds. This
indent level can often be one or two levels above the immediately-preceding text.
The second series of indentation changes also relates to the indent levels of substantive
provisions. As written, 40 C.F.R. 279.45(d)(1), (e)(1), and (f)(1); 279.54(c)(1), (d)(1), and
(e)(1); 279.45(d)(1), (e)(1), and (f)(1); and 279.64(d)(1) and (e)(1) and corresponding 35 Ill.
Adm. Code 739.145(d)(1), (e)(1), and (f)(1); 739.154(c)(1), (d)(1), and (e)(1); 739.145(d)(1),
(e)(1), and (f)(1); and 279.64(d)(1) and (e)(1) are structured in a way that could create
ambiguity. Their logical structure is to require A and B or C of facilities. As a result of
JCAR suggestions, the Board has changed the indent levels to enhance clarity. We have
altered these eight parallel provisions to essentially require (A and B) or C by changing the
indent levels of A and B to conjunctively coordinate with C.
Correction of a Cross-Reference—Section 725.302
An error in the text of 35 Ill. Adm. Code 725.302 recently came to the Board’s
attention. As it exists, this provision inadvertently requires some interim status facilities to
comply with the permitted facility organic material emissions standards of “35 Ill. Adm. Code
20
724.Subparts AA, BB, and CC.” This reference is now corrected to require compliance with
Subparts AA, BB, and CC of Part 725.
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 in the base text involved
this proposal. The amendments listed in this second table are not directly derived from the
current federal amendments. The second table begins on page 38 of this opinion. The third
table, which begins on page 42 of this opinion, indicates the revisions made to the text of these
amendments as proposed in our September 17, 1998 order. The associated fourth table
beginning on page 53 indicates the recommended changes to the proposed text that the Board
has not accepted. The sources of the recommendations for changes to the proposed text are
indicated in the center column of the third and fourth tables. 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”
21
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)
22
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)(
1
) through
(c)(1)(i)(C)(
4
)
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”
23
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)(
1
)
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)(
2
)
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)(
3
)
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)(
4
)
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)(
4
)
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
24
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”
25
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
26
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”
27
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)(
1
)
and (b)(2)(iii)(B)(
2
) 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)(
1
) 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)(
2
) 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”
28
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”
29
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)(
1
)
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)(
2
)
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)(
1
)
and (b)(2)(iii)(B)(
2
) 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
30
725.985(c)(2)(E)(i)
265.1085(b)(2)(iii)(B)(
1
) 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)(
2
) 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
31
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
32
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”
33
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”
34
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
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D013”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D014”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D015”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D016”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D017”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
35
728.Table T “D018”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D019”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D020”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D021”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D022”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D023”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D024”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D025”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D026”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D027”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D028”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D029”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D030”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D031”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
36
728.Table T “D032”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D033”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D034”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D035”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D036”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D037”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D038”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D039”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D040”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D041”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D042”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table T “D043”
268.40, Table
Added “toxicity characteristic leaching
procedure;” placed abbreviation “TCLP” in
parentheses
728.Table U note 7
268.48(a), Table
Offset parenthetical “as defined at Section
728.102(i)” with commas;
738.118(a)
148.18(a)
Deleted past effective date; used “through”
in place of dash; added comma after “i.e.”
738.118(b)
148.18(b)
Used “through” in place of dash; added
comma after “i.e.”
37
738.118(h)
148.18(h)
Omitted past effective date; used “USEPA
hazardous waste number” (twice); added
“underground”
739.122(d)
279.22(d)
Added “federal;” changed “35 Ill. Adm.
Code 731.Subpart F” to “40 CFR 280,
Subpart F;” substituted “October 4, 1996”
for effective date language; added Board
note explaining interpretation of effective
date
739.122(d)(3)
279.22(d)(3)
Moved “properly” to read “properly clean
up and manage”
739.145(h)
279.45(h)
Added “federal;” changed “35 Ill. Adm.
Code 731.Subpart F” to “40 CFR 280,
Subpart F;” substituted “October 4, 1996”
for effective date language; added Board
note explaining interpretation of effective
date
739.145(h)(3)
279.45(h)(3)
Moved “properly” to read “properly clean
up and manage”
739.154(g)
279.54(g)
Added “federal;” changed “35 Ill. Adm.
Code 731.Subpart F” to “40 CFR 280,
Subpart F;” substituted “October 4, 1996”
for effective date language; added Board
note explaining interpretation of effective
date
739.154(g)(3)
279.54(g)(3)
Moved “properly” to read “properly clean
up and manage”
739.164(g)
279.64(g)
Added “federal;” changed “35 Ill. Adm.
Code 731.Subpart F” to “40 CFR 280,
Subpart F;” substituted “October 4, 1996”
for effective date language; added Board
note explaining interpretation of effective
date
739.164(g)(3)
279.64(g)(3)
Moved “properly” to read “properly clean
up and manage”
Board Amendments Not Federally-Derived
Section
Revision(s)
703.155 Board Note
Revised Board note format; added explanation of implementation of
MACT standards
703.Appendix A para-
graph L(6)(b) Board
Note
Changed “note” to “Board note”
720.111(b)
Added reference to federal Clean Air Act national emission standards
38
for hazardous air pollutants
721.102(e)(2)
Changed “above” to “of this Section”
721.102(e)(2)(D)
Changed “above” to “of this Section”
721.103(a)(2)(A)
Corrected Subpart cross reference format
721.103(a)(2)(B)
Corrected Subpart cross reference format (twice)
721.103(a)(2)(C)
Corrected Subpart cross reference format (twice)
721.103(a)(2)(D)
Corrected Subpart cross reference format; changed “above” to “of this
Section”
721.103(a)(2)(D)(v)
Corrected Subpart cross reference format
721.103(a)(2)(E)
Corrected Subpart cross reference format; corrected Section cross
reference format
721.103(b)
Changed “above” to “of this Section”
721.103(b)(1)
Corrected Subpart cross reference format (twice)
721.103(b)(1)
Corrected Subpart cross reference format
721.103(b)(1)
Corrected Subpart cross reference format
721.103(c)
Changed “below” to “of this Section”
721.103(c) Board Note Changed “below” to “of this Section”
721.103(d)
Changed “above” to “of this Section”
721.103(d)(1)
Corrected Subpart cross reference format
721.103(d)(2)
Corrected Subpart cross reference format (three times); changed
“above” to “of this Section”
721.103(e)(1)
Changed “below” to “of this Section”
721.103(f)
Changed “above” to “of this Section;” corrected Subpart cross
reference format
721.106(a)(3)(E)
Corrected Subpart cross reference format
721.132
Changed “EPA” to “USEPA”
721.133(e)
Added “USEPA” and “(CAS No.)” in column headings
721.133(f)
Added “USEPA” and “(CAS No.)” in column headings
721.Appendix G
Changed “EPA” to “USEPA” in column heading
721.Appendix G K020 Removed hyphen from “tetrachloroethanes”
721.Appendix G
column heading
Added “(CAS No.)” and “USEPA” in column headings
724.173(b)(6)
Corrected Subpart cross reference format
724.931
Added quotation marks for all defined terms
724.931 “first attempt
at repair”
Placed in proper alphabetical order
724.931 “ppmw”
Changed “meant” to “means”
724.931 “scft”
Changed “meant” to “means”
724.933(c)
Added “degrees Centigrade” and placed “° C” in parentheses for first
appearance of abbreviation in the Section
724.933(n)(1)(A)
Corrected Subpart cross reference format
724.933(n)(1)(B)
Corrected Subpart cross reference format
724.933(n)(2)(A)
Corrected Subpart cross reference format
39
724.960(a)
Changed to singular “an owner or operator of a closed-vent system or
control device”
724.962(b)(2)
Changed digit to “two”
724.962(b)(3)
Changed digit to “two”
724.964(m)
Removed unnecessary comma
724.980(a)
Removed effective date; corrected Subpart cross reference format;
removed Board note
724.982(b)
Added definite article “the”
724.982(c)(4)(B)
Added comma and “as set forth”
724.984(f)(3)(C)
Corrected subsection crossreference format by adding “of this
Section”
724.984(f)(3)(D)(iv)
Board note
Changed “correspond with” to “are derived from”
724.987(c)(3)(B)
Changed “shall” to “must”
725.173(b)(6)
Corrected Subpart cross reference format
725.933(c)
Added “degrees Centigrade” and placed “° C” in parentheses for first
appearance of abbreviation in the Section
725.933(n)(1)(B)
Corrected Subpart cross reference format
725.933(n)(2)(A)
Corrected Subpart cross reference format
725.960(a)
Changed to singular “an owner or operator of a closed-vent system or
control device”
725.962(b)(2)
Changed digit to “two”
725.962(b)(3)
Changed digit to “two”
725.964(m)
Removed unnecessary comma
725.980(a)
Removed effective date; corrected Subpart cross reference format;
removed Board note
725.980(b)(1)
Added comma after “1996”
725.981 “in light
material service”
Added pronoun “that”
725.982(a)
Corrected Subpart cross reference format
725.982(a)(1)
Changed “below” to “of this Section”
725.982(a)(2)(C)
Changed “above” to “of this Section”
725.982(a)(2)(D)
Changed “above” to “of this Section”
725.982(b)
Corrected Subpart cross reference format
725.982(b)(1)
Changed “below” to “of this Section”
725.982(b)(2)(B)(i)
Changed “above” to “of this Section”
725.982(b)(2)(B)(ii)
Changed “above” to “of this Section;” removed commas offsetting
phrase “located at the facility site”
725.982(d)
Amended provision to provide for extension by the Board using the
adjusted standard procedure, rather than for extension by the Agency;
added “when the facility owner or operator proves the following”
725.982(d)(1)
Changed “when special circumstances that are beyond” to “that
special circumstances beyond;” changed “delay” to “have delayed or
will delay”
40
725.982(d)(2)
Added “that”
725.983(b)
Added definite article “the”
725.983(c)(2)(G)(ii)
Corrected Subpart cross reference format
725.983(c)(4)(B)
Added comma and “as set forth”
725.984(a)(2)
Added comma after “Section” to offset parenthetical
725.984(a)(3)(B)(ii)
Corrected “less” to “fewer”
725.984(a)(3)(C)
Added “of this Section;” added definite article “the;” added comma
after “720.111” to offset parenthetical; changed brackets to
parentheses; deleted unnecessary comma after “compounds;” added “it
would have had;” added commas to offset parenthetical “had it been
measured using Method 25D”
725.984(a)(3)(C)(vi)
Corrected “(a)(3)(E)” to “(a)(3)(F)”
725.984(a)(3)(C)(vii)
Corrected “(a)(3)(E)” to “(a)(3)(F)”
725.984(a)(3)(D)(i)
Removed italics from “
C
” (twice); reformatted equation to remove
italics
725.984(a)(3)(F) Board
note
Changed “correspond with” to “are derived from”
725.984(a)(4)(D)
Board note
Added commas to offset parenthetical “as specified . . . this Section”
725.984(b)(1)
Added definite article “the”
725.984(b)(3)(B)(ii)
Corrected “less” to “fewer”
725.984(b)(3)(D)
Reformatted equation to remove italics; removed italics from “
C
”
725.984(b)(4)(C)
Reformatted equation to remove italics; removed italics from “
C
”
725.984(b)(5)(D)
Reformatted (two) equations to remove italics; removed italics from
“
C
” (twice)
725.984(b)(5)(E)
Reformatted equation to remove italics
725.984(b)(6)(B)
Reformatted equation to remove italics
725.984(b)(7)(D)
Reformatted equation to remove italics
725.984(b)(8)(C)
Reformatted equation to remove italics; added definite article “the”
before “process” (twice)
725.984(b)(9)(D)
Added commas and “as” to offset parenthetical “determined in
accordance with . . . this Section;” added parenthetical “respectively;”
reformatted equation to remove italics
725.985(f)(3)(D)(iv)
Board note
Changed “correspond with” to “are derived from”
725.986(d)(1)(C)
Removed commas offsetting prepositional phrase; added pronoun
“which”
725.990(f)(2)
Deleted “of this Subpart”
728.104(a)(2)(B)
Corrected Subpart cross reference format (three times); changed
“which” to “that” (twice)
728.104(a)(3)
Corrected Subpart cross reference format
728.107(a)(4)
Replaced colon with comma; used lower case for “there”
728.142(a)
Moved comma within quotation mark
41
728.142(a)(2)
Corrected Subpart cross reference format
728.142(b)
Replaced “subsections (a) above and (c) and (d) below” with
“subsections (a), (c), and (d) of this Section;” corrected spelling of
“specified;” changed “above” to “of this Section;” changed “below”
to “of this Section”
728.142(c)
Corrected Subpart cross reference format
728.142(c)(4)
Corrected Subpart cross reference format
728.144(a)(2)(B) Board
note
Changed “adjusted treatment standard” to “adjusted standard from a
treatment standard;” added “of this Section”
728.144(c)
Added quotation marks to certification statement
728.145(a)
Added comma before “unless”
728.145(a)(1)
Changed “below” to “of this Section”
728.145(a)(4)
Changed “below” to “of this Section”
728.145(d)(1)
Changed “below” to “of this Section”
728.145(d)(1)(B)
Corrected Subpart cross reference format
728.145(d)(2)
Changed “above” to “of this Section;” corrected Subpart cross
reference format
728.145(d)(3)
Changed “U.S. EPA” to “USEPA”
728.145(d)(4)
Used “percent” in place of “%;” changed “U.S. EPA” to “USEPA”
728.Table T “D009”
Restored missing hazardous waste number heading
728.Table T “F032”
Changed “and/or” to “or”
728.Table T “K161”
Corrected arsenic wastewaters standard to “1.4”
728.Table U
Moved “p-chloro-m-cresol,” “ethylene oxide,” and “bis(2-ethylhexyl)
phthalate” into proper alphabetical order
738.118(c)
Deleted past effective date
738.118(f)
Deleted subsection withdrawn by USEPA on April 8, 1996
739.154(h)(1)(B)
Changed “above” to “of this Section”
739.174(a)(3)
Changed “U.S. EPA” to “USEPA”
739.174(a)(4)
Changed “U.S. EPA” to “USEPA”
739.174(b)
Added “or re-refiner” missing from base text
739.174(c)
Changed “above” to “of this Section”
Revisions to the Text of the Proposed Amendments in Final Adoption
Section Revised
Source(s) of
Revision(s)
Revision(s)
703. Source Note
JCAR
Corrected
Illinois Register
citation for R96-
10/R97-3/R97-5; added completed citation
information for R97-21/R98-3/R98-5
703.155(a)(2)(B)
JCAR
Changed ending period to a semicolon
703.155(a)(5)
JCAR
Changed ending period to a semicolon
703.155 Board Note
JCAR, Board Added “at” to and removed comma from
Federal
Register
citation; changed indent level of Board
Note to entire Section
42
703.280(d)(2)(B)
JCAR
Underlined added language “any of the
following:”
703.280(d)(2)(B)(i)
JCAR
Changed ending punctuation to a semicolon
703.280(d)(2)(B)(ii)
JCAR
Changed ending punctuation to a semicolon
703.280(e)(2)(a)(ii)
JCAR
Deleted “below” and offsetting punctuation
(twice); changed to plural “subsections”
703.280(e)(4)(A)
JCAR
Changed ending punctuation to a semicolon
703.280(f)(1)
JCAR
Changed “of” to “after”
703.280(h)(3)
JCAR
Changed “of” to “after”
703.280 Board Note
Board
Changed indent level of Board Note to entire
Section
703.Appendix A at entry
B.6.
Board
Changed indent level of Board Note to entire
subsection B.6.
703.Appendix A at entry
F.1.a.
Board
Changed “%” to “percent”
703.Appendix A at entry
F.1.b.
Board
Changed “%” to “percent”
703.Appendix A at entry
G.1.a.
Board
Changed “%” to “percent”
703.Appendix A at entry
G.1.b.
Board
Changed “%” to “percent”
703.Appendix A at entry
G.3.
Board
Changed “%” to “percent”
703.Appendix A at entry
I.1.a.
Board
Changed “%” to “percent”
703.Appendix A at entry
I.1.b.
Board
Changed “%” to “percent”
703.Appendix A at entry
L.1.
Board
Changed “%” to “percent”
703.Appendix A at entry
L.2.
Board
Changed “%” to “percent”
703.Appendix A at entry
M.1.a.
Board
Changed “%” to “percent”
703.Appendix A at entry
M.1.b.
Board
Changed “%” to “percent”
703.Appendix A end note
and Board Note
Board
Changed indent level to entire Section
703.Appendix A at entry
G.3.B.
JCAR
Added ending comma
703.Appendix A Note
following entry L.6.B.
JCAR
Underlined added language “Note”
703.Appendix A end Board
Note
JCAR
Removed comma from
Federal Register
citation
43
720. Source Note
JCAR
Added completed citation information for R97-
21/R98-3/R98-5
720.111(b)
Agency
Added incorporation of 40 CFR 268.41 (1990)
for the purposed of the amendments from 63
Fed. Reg. 46331 (Aug. 31, 1998) omitted from
the proposal
720.111(c)
JCAR
Changed “U.S.C.” to “USC” (three times);
removed “§§”
721. Source Note
JCAR
Added completed citation information for R97-
21/R98-3/R98-5
721.102(c)(1)(A)
Board
Changed “Section 721.Appendix Z” to
“Appendix Z of this Part”
721.102(c)(2)(A)
Board
Changed “Section 721.Appendix Z” to
“Appendix Z of this Part”
721.102(c)(3)
Board, JCAR Changed “Section 721.Appendix Z” to
“Appendix Z of this Part” (twice)
721.102(c)(4)
Board
Changed “Section 721.Appendix Z” to
“Appendix Z of this Part”
721.102(d)(2)(B)
Board
Changed “Section 721.Appendix H” to
“Appendix H of this Part”
721.102(d)(3)(A)(ii)
Board
Changed “Section 721.Appendix H” to
“Appendix H of this Part”
721.103(a)(2)(C)
JCAR
Placed period inside closing parenthesis
721.103(a)(2)(D)(iii)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.103(a)(2)(E)
JCAR
Changed “Section 721.Appendix H” to
“Appendix H of this Part”
721.103(d) footnote b to
table
JCAR
Changed “Section 721.Appendix H” to
“Appendix H of this Part”
721.103(e)(2)(B)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.103(e)
Board
Moved Board Note and changed indent level to
entire subsection (e), adding “(e)” after “this
subsection” and “to” before “enhance”
721.104(a)(12)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.104(a)(18)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.104(a)(19)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.104(a)(16)(C)
JCAR
Corrected “(a)(15)(D)” to “(a)(16)(D)”
721.104(a)(16)(D)(i)
JCAR
Add conjunction “and” before last element of a
series
44
721.104(b)(1)(B) Board
Note
JCAR
Changed “U.S.C.” to “USC;” removed “§;”
changed indent level to entire subsection (b)(1)
721.105(e)
Board
Changed indent level of Board Note to entire
subsection (e)
721.105(j)
Board
Restored “if it is destined to be burned for energy
recovery” (twice) as withdrawn in 63 Fed. Reg.
37780 (July 24, 1998)
721.106(a)(3)(D)(iii)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.106(a)(3)(E)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.131(a)
Clark Oil
Changed “Section 721.Appendix I” to
“Appendix I of this Part;” corrected first column
heading to “USEPA hazardous waste number;”
deleted unnecessary cross-reference to the F019
entry
721.131(a) F037
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.131(b)(2)(A)(i)
Clark Oil
Changed “6” to “six”
721.131(b)(2)(A)(ii)
Clark Oil
Changed “5” to “five”
721.131(b)(3)
Clark Oil
Added “the designated . . . as follows”
721.131(b)(3)(A)
Clark Oil
Added “For”
721.131(b)(3)(B)
Clark Oil
Added “For”
721.132
JCAR
Changed “Section 721.Appendix I” to
“Appendix I of this Part”
721.132 “K066” Board Note
JCAR
Changed “U.S.C.” to “USC” (twice); removed
“§”
721.132 K169
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.132 K170
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.132 K171
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
721.132 K172
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
772.133(e) “P122”
Board
Changed “%” to “percent”
721.138(a)(1)(A)
JCAR
Changed “BTU” to “Btu”
721.138(c)(1)(C)
Board
Changed indent level of Board Note to entire
subsection (c)(1)(C))
721.138(c)(5)(A)(ii)
Board
Corrected cross-reference to “Section
721.106(c)”
721.138(d) table heading
JCAR
Changed “BTU” to “Btu”
721.138(b)(5)
JCAR
Changed “Section 721.Appendix H” to
“Appendix H”
45
721.138(c)
JCAR
Used singular “subsection” (twice)
721.138(c)(1)(B)(v)
JCAR
Added “office”
721.138(c)(2)
JCAR
Used singular “subsection;” capitalized “State”
721.138(c)(7)(B)(viii)
JCAR
Used singular “supports”
721.138(c)(8)
JCAR
Changed indent level of note to subsection (c)(8)
721.138(c)(8)(A)
JCAR
Changed “Section 721.Appendix H” to
“Appendix H of this Part”
721.138(c)(8)(D)
JCAR
Corrected “this paragraph” to “this subsection
(c)(8);” changed nonrestrictive relative clause to
a restrictive relative clause by removing comma
and using “that” in place of “which;” used
“which” in place of “that” for succeeding
restrictive relative clause
721.138(c)(8)(F)
JCAR
Corrected “their” to “its”
721.138(c)(10)(H)(viii)
JCAR
Used singular “supports”
721.138(c)(13)
JCAR
Changed “Section 721.Appendix G” to
“Appendix G of this Part”
721.Appendix Z
Board
Corrected cross-reference to “Section
721.104(a)(15)” in column headed “*3”
724. Source Note
JCAR
Added completed citation information for R97-
21/R98-3/R98-5
724.173(b)(1)
JCAR
Changed “Section 724.Appendix A” to
“Appendix A of this Part”
724.173(b)(13)
JCAR
Deleted ending conjunction “and”
724.173(b)(14)
JCAR
Changed ending punctuation to a semicolon
724.930(c)
Board
Corrected cross-reference to “35 Ill. Adm. Code
725.Subpart AA”
724.930(e)
JCAR
Removed “part” from CFR citations (six times)
724.931 “Btu”
JCAR
Changed “BTU” to “Btu”
724.931 “in light liquid
service”
JCAR,
Agency
Corrected “20 C” to “20° C”
724.933(a)(2)(D)
JCAR, Board Removed comma after date “1997”
724.950(c)
Board
Corrected cross-reference to “35 Ill. Adm. Code
725.Subpart BB”
724.962(b)(1)
JCAR
Changed to plural “subsections”
724.964(d)
JCAR
Changed to singular “Section”
724.980(b)(6)
JCAR
Changed “U.S.C.” to “USC”
724.982(b)
JCAR
Changed to plural “Sections”
724.982(c)(2)(B)
Board
Changed “%” to “percent”
724.982(c)(2)(D)(i)
Board
Changed “%” to “percent” (twice)
724.982(c)(2)(I)(ii)
Agency
Removed unnecessary added article “the”
724.982(c)(2)(F)
Board
Changed “%” to “percent”
724.984(c)(2)(C)(ii)
Agency
Corrected cross-reference to “subsection
(c)(2)(E) of this Section”
46
724.984(c)(2)(E)(i)
Agency
Corrected “paragraph” to “subsection”
724.950(c)
Board
Corrected cross-reference to “35 Ill. Adm. Code
725.984(d)”
724.984(c)(2)(C)(ii)
JCAR
Corrected cross-reference to “(c)(2)(E)”
724.984(c)(2)(E)
Board
Changed indent level of note to subsection
(c)(2)(E)
724.984(f)(3)(D)
Board
Changed indent level of note to subsection
(f)(3)(D)
724.985(c)(1)(E)
Board
Changed “%” to “percent”
724.986(c)(4)(A)
JCAR
Corrected cross-reference to “35 Ill. Adm. Code
722.Appendix A”
724.986(d)(4)(A)
JCAR
Removed “part” from CFR citation
724.987(c)(1)(A)
Board
Changed “%” to “percent”
724.989(j)(1)
JCAR
Removed “part” from CFR citations (three times)
724.989(j)(2)
JCAR
Removed “part” from CFR citations (three times)
725. Source Note
JCAR
Added completed citation information for R97-
21/R98-3/R98-5
725.115(b)(4)
JCAR
Removed extra conjunction “and”
725.302
Board
Added correction to a cross-reference not
included in the proposal
725.930(b)
Board
Changed indent level of note to subsection (b)
725.930(b)(1)
JCAR
Removed ending conjunction “or”
725.930(b)(2)
JCAR, Board Changed ending punctuation to a semicolon,
adding conjunction “or;” corrected cross-
reference to “35 Ill. Adm. Code 722.134(b)(2)”
725.930(d)
JCAR
Removed “part” from CFR citations (six times)
725.933(a)(2)(A)
JCAR
Removed overstrike of space after closing period
725.933(a)(2)(D)
JCAR
Corrected cross-reference format to “subsection
(a)(2)(iii)”
725.933(e)(4)
JCAR
Changed variable HT to use subscript
725.950(b)
Board
Changed “%” to “percent”
725.950(e)
Board
Corrected cross-reference to “Sections 725.952
through 725.960”
725.962(b)(1)
JCAR
Corrected to plural “subsections (b)(2) and
(b)(3)”
725.980(b)(6)
JCAR
Changed “U.S.C.” to “USC”
725.981 “volatile organic
concentration”
JCAR
Changed “Section 724.Appendix F” to
“Appendix F of this Part”
725.981 “waste stabilization
process”
JCAR
Corrected citation format to “35 Ill. Adm. Code
720.111”
725.982(a)(2)
JCAR
Corrected cross-reference to “Section
725.983(c)”
725.982(a)(2)(B)
JCAR
Corrected verb to plural “meet”
725.982(a)(2)(B)(ii)
JCAR
Retained ending period
47
725.982(b)
JCAR
Deleted unnecessary word “Section”
725.982(b)(1)
Board
Corrected cross-reference to “Section 725.983(c);”
deleted “of this Part”
725.982(c)
JCAR
Used singular “owner”
725.983(c)(2)(B)
Board
Changed “%” to “percent”
725.983(c)(2)(D)(i)
Board
Changed “%” to “percent” (twice)
725.983(c)(2)(F)
Board
Changed “%” to “percent”
725.984(a)(2)
JCAR
Corrected cross-reference format to “subsection
(a)(1)”
725.984(a)(3)(D)
JCAR
Removed overstrike of space after closing period
725.984(a)(3)(D)(i)
JCAR, Board Underlined subsection number; corrected
“(a)(3)(ii)” to “(a)(3)(B);” added comma after “
i.e.
” in
entry for variable C
i
725.984(a)(3)(F)
Board
Changed indent level of note to subsection
(a)(3)(F)
725.984(a)(3)(G)
Board
Changed indent level of note to subsection
(a)(3)(G)
725.984(a)(3)(G)(i)
JCAR
Removed “part” from CFR citations (twice)
725.984(a)(3)(G)(ii)
JCAR
Changed to singular “value”
725.984(b)(3)(D)
JCAR
Added comma after “
i.e.
” in entry for variable C
i
725.985(c)(2)(E)
Board
Changed indent level of note to subsection
(c)(2)(E)
725.985(f)(3)(D)
Board
Changed indent level of note to subsection
(f)(3)(D)
725.987(c)(1)(A)
JCAR
Changed “DOT” to “USDOT”
725.987(c)(4)(A)
JCAR
Corrected cross-reference to “35 Ill. Adm. Code
722.Appendix A”
725.987(d)(4)(A)
JCAR
Corrected cross-reference to “35 Ill. Adm. Code
722.Appendix A”
724.988(c)(2)(A)
JCAR
Changed to singular “subsection”
724.988(c)(2)(D)
JCAR
Changed to singular “subsection”
725.990(j)
Board
Corrected cross-reference to “Sections 725.985
through 725.988;” corrected cross-reference to
“Section 725.980(b)(7)”
725.990(j)(1)
JCAR
Removed “part” from CFR citations (three times)
725.990(j)(2)
JCAR
Removed “part” from CFR citations (three times)
728. Source Note
JCAR
Added completed citation information for R97-
21/R98-3/R98-5
728.102 “CERCLA”
JCAR
Changed “U.S.C.” to “USC”
728.102 “debris”
Board
Changed “%” to “percent”
728.102 “underlying
hazardous constituent”
Board
Changed format of reference to “Table U of this
Part”
728.102 “wastewaters”
Board
Changed “%” to “percent” (twice)
728.103(c)(3)
JCAR
Changed “BTU” to “Btu”
48
728.104(a)(2)(B)
JCAR
Deleted unnecessary conjunction “or”
728.104(a)(3)
JCAR
Removed underlining from words “any of the
following conditions is fulfilled” already on file
728.107(a)(1)
Board
Changed format of references to “Table T of this
Part” and “Table C of this Part”
728.107(a)(2)
Board
Changed format of reference to “Table I of this
Part”
728.107(a)(2)(A)
JCAR
Replaced brackets with parentheses (twice)
728.107(a)(3)(A)
Board
Changed format of reference to “Table I of this
Part”
728.107(a)(3)(B)
Board
Changed format of reference to “Table I of this
Part”
728.107(a)(4)
Board
Changed format of reference to “Table I of this
Part”
728.107(a)(5)
Board
Changed format of reference to “Table F of this
Part”
728.107(a)(7)
JCAR
Changed comma to semicolon to separate series
elements
728.107(a)(9)(A)
Board
Changed format of reference to “Table I of this
Part”
728.107(b)(3)(B) table
JCAR
Added ending periods to all entries; replaced
brackets with parentheses in entry 5 (three times)
728.107(b)(4) certification
Board
Corrected cross-reference to “35 Ill. Adm. Code
728.149”
728.107(b)(4)(B)
Board
Changed format of reference to “Table F of this
Part”
728.107(b)(4)(D) table
JCAR
Changed format of references to “Table T of this
Part” and “Table T of that Part”
728.107(b)(4)(E)
JCAR, Board Added “in” before “Section;” added conjunction
“and” before “to treat;” changed format of
references to “Table T of this Part,” Table U of
this Part,” “Table T of that Part,” and “Table U
of that Part;” corrected cross-reference to
“Section 728.148”
728.107(d)
JCAR
Changed format of reference to “Table F of this
Part”
728.107(d)(1)(C)
JCAR
Changed format of reference to “Table F of this
Part”
728.107(d)(3)
JCAR
Changed format of reference to “Table F of this
Part”
728.133(a)
JCAR
Removed unnecessary comma from between
“wastes” and “are”
728.133(b)
JCAR
Corrected to singular “do”
49
728.133(b)(4)
JCAR
Changed format of reference to “Table T of this
Part”
728.133(b)(5)
Board
Corrected cross-reference to “Section 728.105;”
corrected to plural “those”
728.133(c)
JCAR
Changed format of references to “Table T of this
Part” and “Table U of this Part”
728.134(d)
JCAR
Added “of” after “disposed”
728.134(f)
JCAR
Changed format of references to “Table T of this
Part” and “Table U of this Part”
728.135
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
728.140(a)
JCAR, Board Changed format of references to “Table T of this
Part” (twice)
728.140(a)(3)
JCAR
Changed format of reference to “Table C of this
Part”
728.140(d)
JCAR
Changed format of reference to “Table T of this
Part” (twice)
728.140(d)(3)
JCAR
Changed format of reference to “Table T of this
Part” (twice)
728.140(e)
JCAR
Changed format of references to “Table T of this
Part” and “Table U of this Part”
728.140(h)
JCAR
Added commas (two) to separate elements of a
series
728.140(i)
Agency
Added amendments from 63 Fed. Reg. 46331
(Aug. 31, 1998) omitted from the proposal
728.142(a)
JCAR
Changed format of references to “Table T of this
Part” and “Table C of this Part”
728.142(a)(3)
JCAR
Changed “%” to “percent;” changed format of
reference to “Table C of this Part”
728.142(b)
JCAR
Changed format of references to “Table F of this
Part” (twice)
728.142(c)(2)
JCAR
Changed format of reference to “Appendix D of
this Part”
728.142(d)
JCAR, Board Changed format of references to “Table T of this
Part” (twice)
728.144(a)(2)
JCAR
Removed unnecessary “either;” changed indent
level of note to subsection (a)(2); added period to
“et seq.”
728.144(c)
JCAR
Removed quotation marks from certification
statement
728.144(h)(2)
Board
Removed unnecessary “either”
728.144(h)(3)(A)(i)
JCAR
Added comma after “lifetime”
728.144(h)(4)
JCAR
Added “be” after “will”
50
728.144(o)
Board
Changed format of references to “Table H of this
Part” (twice) and “Table B of this Part”
728.145(a)(1)
JCAR
Changed format of reference to “Table F of this
Part”
728.145(a)(2)
JCAR
Changed format of reference to “Table F of this
Part”
728.145(a)(3)
JCAR
Changed format of reference to “Table F of this
Part”
728.145(a)(4)
JCAR
Changed format of reference to “Table F of this
Part”
728.145(b)(2)
JCAR
Changed format of reference to “Table T of this
Part”
728.145(c)
JCAR
Changed format of references to “Table F of this
Part” (twice)
728.145(d)(3)
JCAR
Changed format of reference to “Table T of this
Part”
728.149(a) table
JCAR
Added periods (two) to entries where missing
728.149(a) table note “*”
JCAR
Changed format of reference to “Appendix G of
this Part”
728.149(b)
JCAR
Changed format of reference to “Table U of this
Part”
728.149(c)
JCAR
Corrected “paragraph” to “subsection;” changed
format of reference to “Table U of this Part”
728.149(c)(1)(C)
JCAR, Board Changed format of reference to “Table U of this
Part;” added capitalized “The”
728.149(c)(3)(A)
JCAR
Corrected subsection number and indent level;
omitted comma after ending conjunction
728.149(c)(3)(B)
JCAR
Corrected subsection number and indent level
728.149(d)
JCAR
Changed format of reference to “Table U of this
Part”
728.149(e)(2)(A)
JCAR
Corrected subsection number and indent level
728.149(e)(2)(B)
JCAR
Corrected subsection number and indent level
728.Appendix G table 1
“D011”
JCAR
Omitted period at end of column two entry
728.Appendix G table 1
“D011”
JCAR
Added period at end of column three entry
728.Appendix G table 2
entry 12
JCAR
Added period at end of column two entry
728.Appendix G table 2
entry 13
JCAR
Added period at end of column two entry
728.Appendix H Board Note
Board
Changed indent level of note to full Section
728.Table I entry 8
JCAR
Replaced brackets with parentheses (three times)
728.Table T K169
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
51
728.Table T K170
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
728.Table T K171
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
728.Table T K172
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
728.Table T note 4
Board
Changed format of reference to “Table C of this
Part”
728.Table T Board Note
Board
Changed indent level of note to full Section
728.Table U note 3
Board
Corrected cross-reference to “Section
728.140(d)”
738. Source Note
JCAR
Added completed citation information for R97-
21/R98-3/R98-5
738.118(i)
Clark Oil
Added amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998) added since the proposal
739. Source Note
JCAR
Added entry for R98-21/R99-2/R99-7
739.145(d)(1)
JCAR
Restructured subsection, dividing (d)(1)(A), for
enhanced clarity
739.145(e)(1)
JCAR
Restructured subsection, dividing (e)(1)(A), for
enhanced clarity
739.145(f)(1)
JCAR
Restructured subsection, dividing (f)(1)(A), for
enhanced clarity
739.145(h)
JCAR
Restored “after” to base text; corrected “a
owner” to “an owner”
739.154(c)(1)
JCAR
Restructured subsection, dividing (c)(1)(A), for
enhanced clarity
739.154(d)(1)
JCAR
Restructured subsection, dividing (d)(1)(A), for
enhanced clarity
739.154(e)(1)
JCAR
Restructured subsection, dividing (e)(1)(A), for
enhanced clarity
739.154(g)
JCAR
Restored “after” to base text
739.164(d)(1)
JCAR
Restructured subsection, dividing (d)(1)(A), for
enhanced clarity
739.164(e)(1)
JCAR
Restructured subsection, dividing (e)(1)(A), for
enhanced clarity
739.164(g)
JCAR
Restored “after” to base text
Requested Revisions to the Text of the Proposed Amendments Not Made in
Final Adoption
Section Affected
Source(s) of
Request
Requested Revision(s): Explanation
724.173(b)(14)
JCAR
Add comma before “whichever:” comma
already on file
52
724.933(f)(2)(A)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.933(f)(2)(B)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.933(f)(2)(D)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.933(f)(2)(F)(ii)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.933(h)(1)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.933(n)(2)(A)
JCAR
Change ending comma to a semicolon: done in
docket R97-21/R98-3/R98-5 and on file
724.950(b)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.950(f)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.950(c)(2)(B)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.950(c)(2)(D)(i)
JCAR
Change “%” to “percent” (twice): done in
docket R97-21/R98-3/R98-5 and on file
724.950(c)(2)(F)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.984(e)(1)(C)(iii)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.984(e)(3)(A)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.984(f)(1)(C)(v)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.985(c)(1)(E)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.987(c)(1)(A)
JCAR
Change “%” to “percent:” done in docket R97-
21/R98-3/R98-5 and on file
724.980(a)
JCAR
Change to singular “Subpart:” done in docket
R97-21/R98-3/R98-5 and on file
724.985(d)(1)(C)
JCAR
Change “which” to “that:” “which” is more
appropriate for subsequent restrictive relative
clause
725.964(g)
JCAR
Change to plural “Sections:” plural already on
file
725.982(a)(2)(B)
JCAR
Capitalize “Specific:” improper capitalization in
context
725.987(c)(4)(A)
JCAR
Add comma after “
i.e.
:” comma not missing
724.985(k)
JCAR
Change to singular “subsection:” done in docket
R97-21/R98-3/R98-5 and on file
53
726.200(b)(3)
Clark Oil
Add amendments from 63 Fed. Reg. 42109
(Aug. 6, 1998): Part 726 is not open in this
proceeding
728.142(b)
JCAR
Change format of cross-references: the indicated
format changes were included in the proposal
728.149(c)(1)(A)
JCAR
Change “percent” to “%:” the Board is in the
process of changing “%” to “percent” in open
Sections
728.149(c)(1)(B)
JCAR
Change “percent” to “%:” the Board is in the
process of changing “%” to “percent” in open
Sections
728.149(c)(1)(C)
JCAR
Change “percent” to “%:” the Board is in the
process of changing “%” to “percent” in open
Sections
739.110(i)
Agency
Add amendments from 63 Fed. Reg. 24969 (May
6, 1998) omitted from proposal: USEPA
withdrew the amendments at 63 Fed. Reg. 37780
(July 14, 1998)
739.122(d) Board Note
JCAR
Use lower case “state” (two appearances): these
are direct quotations of federal language which
uses the capitalized word “State”
739.145(h) Board Note
JCAR
Use lower case “state” (two appearances): these
are direct quotations of federal language which
uses the capitalized word “State”
739.154(g) Board Note
JCAR
Use lower case “state” (two appearances): these
are direct quotations of federal language which
uses the capitalized word “State”
739.164(g) Board Note
JCAR
Use lower case “state” (two appearances): these
are direct quotations of federal language which
uses the capitalized word “State”
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
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.
54
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
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.
55
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
1
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)
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)
1
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).
56
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)
57
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
August 20, 1998. (Consolidated with R98-5, RCRA Subtitle C update,
and R98-3, UIC Update.) (7/1/96 through 12/31/96)
R98-5
August 20, 1998. (Consolidated with R97-21, RCRA Subtitle C update,
and R98-3, UIC update.) (1/1/97 through 6/30/97)
R98-21
This docket. (Consolidated with R99-2, RCRA Subtitle C update, and
R99-7, UIC update.) (7/1/97 through 12/31/97)
R99-2
This docket. (Consolidated with R98-21, RCRA Subtitle C update, and
R99-7, UIC update.) (7/1/97 through 12/31/97)
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.
58
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):
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):
59
AS91-1
Granted at 130 PCB 113, February 6, 1992, and modified at 133 PCB
189, April 23, 1992. (Keystone Steel & Wire Co.)
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)
60
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 (April 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
61
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)
62
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)
63
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
August 20, 1998. (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)
R99-2
This docket. (Consolidated with R98-21 and R99-2, RCRA Subtitle C
updates.) (1/1/98 through 6/30/98)
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.
Whether the person making the decision is 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.
64
2.
Whether there is a clear standard for action such that the Board can give
meaningful review to an Agency decision
3.
Whether the action would result in exemption from the permit requirement
itself. If so, Board action is generally required.
4.
Whether the decision amounts 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.
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 17th day of December 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board