ILLINOIS POLLUTION CONTROL BOARD

April 6, 2006

IN THE MATTER OF:

)

)

UIC UPDATE, USEPA AMENDMENTS

)

R06-16

(July 1, 2005 through December 31, 2005)

)

(Identical-in-Substance

)

Rulemaking - Land)

RCRA SUBTITLE D UPDATE, USEPA

)

R06-17

AMENDMENTS (July 1, 2005 through

)

(Identical-in-Substance

December 31, 2005)

)

Rulemaking - Land)

RCRA SUBTITLE C UPDATE, USEPA

)

R06-18

AMENDMENTS (July 1, 2005 through

)

(Identical-in-Substance

December 31, 2005 and March 23, 2006)

)

Rulemaking - Land)

)

(Consolidated)

Proposed Rule. Proposal for Public Comment.

OPINION OF THE BOARD (by G.T. Girard):

SUMMARY OF TODAY’S ACTION

This identical-in-substance rulemaking consists of three separate consolidated dockets.

The rulemaking would update the Illinois underground injection control, municipal solid waste

landfill, and hazardous waste regulations to incorporate revisions to the federal regulations. The

federal amendments that prompted this action were made by the United States Environmental

Protection Agency (USEPA) during the period of July 1, 2005 through December 31, 2005, as

well as March 23, 2006 amendments affecting earlier hazardous waste amendments. This

proceeding proposes amendments to 35 Ill. Adm. Code 702 through 705, 720 through 726, 728,

733, 738, 810, and 811. It further proposes the addition of new 35 Ill. Adm. Code 727. This

proposal for public comment would also make a series of non-substantive corrections and

stylistic revisions to segments of the text that are not otherwise affected by the covered federal

amendments, principally to the text of 35 Ill. Adm. Code 704 and 730.

This opinion and the related order propose for public comment identical-in-substance

amendments in three distinct program areas:

1.

Sections 7.2 and 13(c) of the Environmental Protection Act (Act) (415 ILCS 5/7.2

and 13(c) (2004)) require the Board to adopt regulations that are “identical in

substance” to underground injection control (UIC) regulations that the USEPA

adopted to implement Section 1421 of the federal Safe Drinking Water Act

(SDWA) (42 U.S.C. § 300h (2003)). The federal UIC regulations are found at 40

C.F.R. 144 through 148.

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2

2.

Sections 7.2 and 22.40(a) of the Act (415 ILCS 5/7.2 and 22.4(a) (2004)) require

the Board to adopt regulations that are “identical in substance” to municipal solid

waste landfill (MSWLF) regulations adopted by the USEPA. These USEPA rules

implement Subtitle D of the federal Resource Conservation and Recovery Act of

1976 (RCRA Subtitle C) (42 U.S.C. §§ 6941

et seq

. (2003)). The federal RCRA

Subtitle D MSWLF regulations are found at 40 C.F.R. 258.

3.

Sections 7.2 and 22.4(a) of the Act (415 ILCS 5/7.2 and 22.4(a) (2004)) require

the Board to adopt regulations that are “identical in substance” to hazardous waste

regulations adopted by the USEPA. These USEPA rules implement Subtitle C of

the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C)

(42 U.S.C. §§ 6921

et seq

. (2003)). The federal RCRA Subtitle C hazardous

waste management regulations are found at 40 C.F.R. 260 through 266, 268, 270,

271, 273, and 279. During the present update period, USEPA added new 40

C.F.R. 267.

Sections 13(c), 22.4(a), and 22.40(a) also provide that Title VII of the Act and Section 5

of the Administrative Procedure Act (5 ILCS 100/5-35 and 5-40 (1998)) do not apply to the

Board’s adoption of identical-in-substance regulations.

This opinion supports an order that the Board also adopts today. The Board will cause

the proposed amendments to be published in the

Illinois Register

and will hold the docket open

to receive public comments for 45 days after the date of publication. The Board presently

intends to adopt final amendments based on this proposal on or before August 14, 2006, as is

explained beginning on page 8 of this opinion.

CONSOLIDATION OF DOCKETS

The Board has determined that it is necessary to consolidate three separate dockets in this

rulemaking. The following segment of this opinion outlines the various federal actions

considered in this proceeding.

The actions involved in UIC update docket R06-16 and RCRA Subtitle D MSWLF

update docket R06-17 are consolidated with the amendments in RCRA Subtitle C update docket

R06-18 for administrative convenience and to facilitate adoption of all three sets of amendments.

The docket R06-16 actions are the UIC aspects, and the docket R06-17 are the RCRA Subtitle D

MSWLF aspects of federal October 13, 2005 amendments that also affected the Subtitle C

hazardous waste rules involved in update docket R06-7. These amendments incorporate federal

requirements for allowing submission of required documents in an electronic format—

i.e.

, the

filing of electronic documents.

For the foregoing reasons, and on its own motion, the Board consolidates the UIC update

docket R06-16 and the MSWLF update docket R06-17 with the RCRA Subtitle C update docket

R06-18 into a single action.

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3

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following listing briefly summarizes the federal actions considered in this

consolidated UIC and RCRA Subtitle C update rulemaking:

UIC Amendments

USEPA amended the federal UIC regulations once during the period July 1, 2005

through December 31, 2005, as is summarized below:

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of documents, such as permit

applications and reports, under the various federal programs, including federally

authorized state programs. The amendments affect,

inter alia

, the drinking water,

underground injection control, municipal solid waste landfill, hazardous waste,

underground storage tank, and wastewater pretreatment regulations.

Docket R06-17: July 1, 2005 through December 31, 2005

RCRA Subtitle D Municipal Solid Waste Landfill Amendments

USEPA amended the federal RCRA Subtitle D regulations twice during the period July

1, 2005 through December 31, 2005, as are summarized below:

70 Fed. Reg. 44150 (August 1, 2005)

USEPA corrected the hazardous waste and municipal solid waste landfill segments of its

June 14, 2005 (70 Fed. Reg. 34538) amendments to allow the use of alternative methods

to “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods.”

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of required documents, as described

immediately above in the listing for docket R06-16.

RCRA Subtitle C Amendments

USEPA amended the federal RCRA Subtitle C regulations on six occasions during the

period July 1, 2005 through December 31, 2005, as are summarized below:

70 Fed. Reg. 44150 (August 1, 2005)

USEPA corrected the hazardous waste and municipal solid waste landfill segments of its

June 14, 2005 (70 Fed. Reg. 34538) amendments, as described immediately above in the

listing for docket R06-17.

70 Fed. Reg. 45508 (August 5, 2005)

USEPA adopted amendments that include mercury-containing devices under the

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4

Universal Waste Rule, removing these materials from regulation as hazardous waste

when regulated according to the universal waste provisions.

70 Fed. Reg. 53420 (September 8, 2005)

USEPA adopted new standardized permit provisions for hazardous waste treatment and

storage facilities in a new 40 C.F.R. 267. The federal amendments included conforming

amendments to the existing permit provisions of 40 C.F.R. 124 and 270 and the

substantive hazardous waste rules of 40 C.F.R. 260 and 261.

70 Fed. Reg. 57769 (October 4, 2005)

USEPA amended the wastewater headworks exemption from the definition of hazardous

waste. It added benzene and 2-ethoxyethanol to the list of solvents whose mixtures are

exempted from the definition. It added scrubber waters that are derived from the

combustion of any of the excluded solvents to the exclusion. It now allows the hazardous

waste generator to measure solvent levels directly at the headworks of the wastewater

treatment plant to determine whether the wastewater mixture is exempt. Finally, it

extended the eligibility for the

de minimis

exemption to listed hazardous wastes other

than solely to discarded commercial chemical products and to non-manufacturing

facilities.

70 Fed. Reg. 59402 (October 12, 2005)

USEPA finalized the Hazardous Waste Combustor Rule. This rule imposes national

emission standards for hazardous air pollutants (NESHAPs) on hazardous waste

combustors. USEPA calls incinerators, cement kilns, and lightweight aggregate kilns

that burn hazardous waste “Phase I sources,” since it adopted standards for these sources

on September 30, 1999 (at 64 Fed. Reg. 52828). USEPA calls industrial, commercial, or

institutional boilers and process heaters and hydrochloric acid production furnaces that

burn hazardous waste “Phase II sources.” The present amendments include the Phase II

standards and final replacement standards to replace interim standards adopted February

13, 2002 for Phase I sources (in response to litigation in Cement Kiln Recycling

Coalition v. EPA, 255 F.3d 855 (D.C. Cir. 2001) (vacatur of portions of the original

Phase I standards)).

70 Fed. Reg. 59848 (October 13, 2005)

USEPA adopted requirements for electronic filing of documents, as described above in

the listing for docket R06-16.

Cited Actions on Which No Board Action Will Be Necessary

No Board action will be required on one set of the amendments listed above. The Board

completed action on the August 1, 2005 (70 Fed. Reg. 44150) corrections to the June 14, 2005

(70 Fed. Reg. 34538) amendments relating to the use of “Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods” in the prior consolidated update docket, UIC Update,

USEPA Regulations (January 1, 2005 through June 30, 2005), R06-5, RCRA Subtitle D Update,

USEPA Regulations (January 1, 2005 through June 30, 2005 and August 1, 2005), R06-6, and

RCRA Subtitle C Update, USEPA Regulations (January 1, 2005 through June 30, 2005 and

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5

August 1, 2005), R06-7 (Jan. 5, 2006 and Feb. 2, 2006). No further action is necessary in this

matter.

(Hazardous Waste) Amendment of Interest

The Board engages in ongoing monitoring of federal actions. As of the date of this

opinion and accompanying order, the Board has identified one USEPA action since

December 31, 2005, that further affects the RCRA Subtitle D MSWLF and RCRA Subtitle C

hazardous waste rules in a way that requires immediate Board attention. The federal action is

described as follows:

71 Fed. Reg. 14655 (March 23, 2006)

USEPA administratively stayed the effective date of the October 12, 2006 (70 Fed. Reg.

59402) amendments to the Hazardous Waste Combustor Rule. USEPA stayed the

effective date of the rules when granting a request for reconsideration of a segment of the

amendments. USEPA simultaneously proposed amendments to the rule (at 71 Fed. Reg.

14665). The 90-day stay of the effective date expires June 23, 2006.

The federal stay will likely expire before the present amendments are filed with the

Office of the Secretary of State and become effective. Even so, the Board will amend the

incorporation of Subpart EEE of 40 C.F.R. 63 by reference to include the federal amendments

that effect the stay. The Board will monitor the

Federal Register

between now and the final

adoption of these amendments for further action by USEPA.

When the Board observes an action outside the nominal timeframe of a docket that

requires expedited consideration, the Board will expedite consideration of those amendments in

the pending docket. Federal actions that could warrant expedited consideration include those

that directly affect the amendments involved in this docket, those for which compelling reasons

would warrant consideration as soon as possible, and those for which the Board has received a

request for expedited consideration.

If the Board identifies any federal actions that fulfill these criteria prior to final action on

the present amendments, the Board may include those amendments in the present consolidated

docket R06-16/R06-17/R06-18.

of the Board’s Actions in This Docket

Based on the foregoing, the five federal actions that form the basis for Board action in

this update docket are the following, listed in chronological order:

August 5, 2005 (70 Fed. Reg. 45508)

Amendments including mercury-containing

devices under the Universal Waste Rule.

September 8, 2005 (70 Fed. Reg. 53420)

Standardized permit provisions for hazardous

waste treatment and storage facilities.

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6

October 4, 2005 (70 Fed. Reg. 57769)

Amendments to the wastewater headworks

exemption from the definition of hazardous

waste.

October 12, 2005 (70 Fed. Reg. 59402)

Amendments that finalize the Hazardous Waste

Combustor Rule, imposing NESHAPs on Phase II

hazardous waste combustor sources and

amending the interim standards adopted February

13, 2002 for Phase I sources.

October 13, 2005 (70 Fed. Reg. 59848)

Requirements for electronic filing of required

documents in federally-authorized programs.

March 23, 2006 (71 Fed. Reg. 14655)

Administrative stay of October 12, 2006

Hazardous Waste Combustor Rule amendments.

Illinois UIC and RCRA Subtitle C Regulations

In addition to the amendments to the federal UIC, RCRA Subtitle D MSWLF, or RCRA

Subtitle C regulations, amendments to certain other federal regulations occasionally have an

effect on the Illinois hazardous waste rules. Most notably, 35 Ill. Adm. Code 720.111 includes

several incorporations of federal regulations by reference. The incorporated regulations include

segments of various USEPA environmental regulations and United States Department of

Transportation hazardous materials transportation regulations that USEPA has incorporated into

the federal hazardous waste rules.

The latest available version of the

Code of Federal Regulations

is now the 2006 edition

(issued January 1, 2006) for Title 10 (Nuclear Regulatory Commission (NRC)), the 2005 edition

(issued July 1, 2005) for Titles 33 (U.S. Coast Guard (Coast Guard)) and 40 (USEPA), and the

2005 edition (issued October 1, 2005) for Title 49 (U.S. Department of Transportation

(USDOT)). Each of these is incorporated by reference in Section 720.111 of the hazardous

waste regulations. Title 40 is also incorporated by reference in Section 810.104 of the non-

hazardous waste landfill regulations. The Board will amend the incorporations of these federal

regulations by reference to include those editions of the

Code

. This will assure that all USDOT

amendments through September 30, 2004, all NRC regulations through December 31, 2004, and

all Coast Guard and USEPA amendments through December 31, 2005, will be included in the

incorporations of the pertinent regulations by reference.

As of the date of this proposal for public comment, the Board has found only minor sets

of amendments to the incorporated materials in Section 720.111 past these respective dates.

These amendments update incorporated segments of the

Code of Federal Regulations

, but it is

unlikely that those amendments affect the implementation of the federal hazardous waste

requirements. Nevertheless, the Board proposes to update the incorporations to include the later

federal amendments. The

Federal Register

citations to the later amendments that are added to

the incorporations by reference are listed in Table 1, which begins on page 27 of this opinion.

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7

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 45 days

following its publication in the

Illinois Register

. After that time, the Board will immediately

consider adoption of the amendments, making any necessary changes made evident through the

public comments. The Board will delay filing any adopted rules with the Secretary of State for

30 days after adoption, particularly to allow additional time for USEPA to review the adopted

amendments before they are filed and become effective.

REASONS FOR DELAY

Under Section 7.2 of the Act (415 ILCS 5/7.2(b) (2004)), the Board must complete this

rulemaking within one year of the date of the earliest set of federal amendments considered in

this docket. USEPA adopted the earliest federal amendments that required Board attention on

August 5, 2005, so that the deadline for Board adoption of these amendments is August 5, 2006.

The Board originally scheduled adoption of this proposal for public comment for the Board

meeting of March 16, 2006, to allow for timely adoption of the rule around June 15, 2006. This

would have allowed filing of these amendments after July 15, 2006, before the August 5, 2006

deadline.

The Board adopted the prior consolidated update docket, UIC Update, USEPA

Regulations (January 1, 2005 through June 30, 2005), R06-5; RCRA Subtitle D Update, USEPA

Regulations (January 1, 2005 through June 30, 2005 and August 1, 2005), R06-6; and RCRA

Subtitle C Update, USEPA Regulations (January 1, 2005 through June 30, 2005 and August 1,

2005), R06-7 (consolidated), on January 5, 2006. That consolidated update docket was quite

voluminous. It involved over 1070 pages of amendments. The Board received comments from

the Joint Committee on Administrative Rules (JCAR) on January 11, 2006, which resulted in

further revisions to the text of the amendments and the adoption of a supplemental opinion and

order of the Board on February 2, 2006. The Board timely finalized those prior amendments by

filing them with the Office of the Secretary of State on February 23, 2006. That prior proceeding

involved many segments of the rules that are again the subject of this present proceeding. Thus,

the Board could not fully initiate this present proceeding until completion of the prior one.

As chance would have it, the subject matter of the present proceeding involves a volume

of text nearly equal to the prior one. This proceeding presently involves over 1060 pages of

amendments. That extreme volume and the difficulty of accommodating some of the underlying

federal amendments has resulted in the delayed adoption of a proposal for public comment in

this matter.

Considering the proposal of these amendments on this date, the Board presently projects

the following will occur in the progress towards completion of these amendments:

Nominal Due date:

August 5, 2006

Date of Board vote to propose amendments:

April 6, 2006

Submission for

Illinois Register

publication:

April 17, 2006

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8

Probable

Illinois Register

publication dates:

April 28, 2006

End of 45-day public comment period:

June 12, 2006

Date of Board vote to adopt amendments:

July 6, 2006

End of 30-day hold period for USEPA review:

August 7, 2006

Probable filing and effective date:

August 14, 2006

Probable

Illinois Register

publication date:

August 25, 2006

Should the Board gain publication of the Notices of Proposed Amendments in this matter

in the April 21, 2006 issue of the

Illinois Register

, the Board might be able to timely adopt rules

on June 15, 2006, and file them before August 5, 2006. Nevertheless, the three-week delay in

adoption of this proposal for public comment will more likely result in the timing of significant

events that is presented in the above table. If, indeed, the publication does not occur on April 21,

2006, the Board will cause publication of a Notice of Reasons for Delay to be published in the

Illinois Register

that sets forth the foregoing recitation of the reasons for the delay and which

extends the deadline for completion of all rulemaking activity in this matter.

DISCUSSION

The following discussion begins with a description of the types of deviations the Board

makes from the literal text of federal regulations in adopting identical-in-substance rules. It is

followed by a discussion of 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 relevant

Federal

Register

notices involved. Finally, this discussion closes with a description of the amendments

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

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some 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. The Board conforms the federal text to the Illinois rules

and regulatory scheme and corrects errors found in the text in the course of 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 discussed above, the most recent versions of the

Code of Federal

Regulations

available to the Board are the January 1, 2006 edition for NRC regulations (Title

10), the July 1, 2005 edition for Coast Guard and USEPA regulations (Titles 33 and 40,

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9

respectively), and the October 1, 2005 edition for USDOT regulations (Title 49). Thus, the

Board has updated all citations to Title 10 to the 2006 edition of the

Code of Federal Regulations

and citations to Titles 33, 40, and 49 to the 2005 edition, 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, spelling, 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 “must” for “shall”; 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,” “must” is used

when an action is required by the rule, without regard to whether the action is required of the

subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday

language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break

from our former practice where “shall” was used when the subject of a sentence has a duty to do

something. “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.”

The Joint Committee on Administrative Rules has requested that the Board refer to the United

States Environmental Protection Agency in the same manner throughout all of our bodies of

regulations—

i.e.

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

RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The Board has

decided to refer to the United States Environmental Protection Agency as “USEPA.” The Board

will continue this conversion in future rulemakings as additional sections become open to

amendment. The Board will further convert “EPA” used in federal text to “USEPA,” where

USEPA is clearly intended.

The Board has assembled tables to aid in the location of these alterations and to briefly

outline their intended purpose. Table A sets forth the miscellaneous deviations from the federal

text, and Table B itemizes the corrections to the pre-amended base text of the rules in detail.

Table A begins on page 40 of this opinion, and Table B begins on page 127. There is no further

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

Discussion of Corrective Amendments

The Board has traditionally used the occasion of these identical-in-substance updates to

correct segments of the base text of the Illinois regulations. These corrections are non-

substantive in effect. The Board is including a significant number of non-substantive corrections

in this docket. Some were prompted by the current federal amendments.

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10

When a necessary minor correction comes to the attention of the Board, Board staff

makes a note of the correction, and it is set aside until the next opportunity to make the

correction. The next opportunity generally presents itself when the section involved is next

opened for amendment as a result of amendments to the corresponding federal text. Over the last

few years, the Board has cataloged very many changes, but the pace of completing the

corrections has been slow, since only a limited number of all the sections involved in the

hazardous waste regulations have been the subjects of federal amendments.

In preceding RCRA Subtitle C update dockets, the Board included necessary corrections

to many segments of the text of the rules that were not already involved in the pertinent docket

as a result of federal amendments. The Board has continued this process through the following

RCRA Subtitle C update dockets:

RCRA Subtitle C Update, USEPA Regulations (January 1, 2002 through June 30, 2002),

R03-7 (Jan. 9, 2003)

RCRA Subtitle C Update, USEPA Regulations (July 1, 2002 through December 31,

2002), R03-18 (June 5, 2003)

RCRA Subtitle C Update, USEPA Regulations (July 1, 2003 through December 31,

2003), R04-16 (Apr. 1, 2004)

RCRA Subtitle C Update, USEPA Regulations (January 1, 2004 through June 30, 2004

and October 25, 2004), R05-2 (Mar. 3, 2005)

UIC Update, USEPA Regulations (January 1, 2005 through June 30, 2005), R06-5;

RCRA Subtitle D Update, USEPA Regulations (January 1, 2005 through June 30, 2005

and August 1, 2005), R06-6; and RCRA Subtitle C Update, USEPA Regulations

(January 1, 2005 through June 30, 2005 and August 1, 2005), R06-7 (consolidated), (Jan.

5, 2006 and Feb. 2, 2006)

In this ongoing review of the rules, the Board has so far reviewed the entire text of Parts

703, 705, 720, 721, 722, 723, 724, 725, 726, 728, 733, 738, and 739 of the RCRA Subtitle C and

UIC regulations. The Board included all the necessary corrections to the base text of which the

Board was aware. The Board believes that prompt completion of the corrections benefits the

Agency’s implementation of the rules and the regulated community.

The Board is completing the review by continuing this approach in this current docket.

The Board has made corrections to the final three Parts of the regulations: Parts 702, 704, and

730. Thus, after completion of this rulemaking, the Board will have reviewed the entire text of

Parts 702, 703, 704, 705, 720, 721, 722, 723, 724, 725, 726, 727, 728, 733, 738, and 739 of the

hazardous waste and UIC regulations and made necessary corrections. Completion of this

project has taken more than three years due to the extreme volume of the UIC and RCRA

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11

Subtitle C rules,

1

and due to the fact that Board has waited for each Part of the rules to open for

federally derived amendments.

The Board will not discuss particular corrective amendments in this segment of this

discussion. The corrections are itemized in the Table A which begins on page 40 of this opinion.

The Board requests that the Agency, JCAR, and the regulated community review the table and

the text of the corrections. The Board requests comment on the corrections. The Board also

asks for the assistance of the Agency, JCAR, and the regulated community in this process; the

Board requests that they submit suggestions for correction of any errors of which they are aware.

The Board will catalog any suggestions relating to parts and sections not already involved in this

proceeding for future use.

Redesignation of Part 738 as Hazardous Waste Requirements

Since its initial adoption in UIC Update, USEPA Regulations (July 1, 1988 through

December 31, 1988), R89-2 (Jan. 25, 1990), 35 Ill. Adm. Code 738 has been grouped together

with the underground injection control regulations. It is derived from 40 C.F.R. 148, which is

adjacent to the underground injection control requirements of 40 C.F.R. 144 through 147, the

drinking water standards of 40 C.F.R. 141 through 143, and the sole source aquifer regulations

of 40 C.F.R. 149, each of which is derived from various segments of the federal Safe Drinking

Water Act (42 U.S.C. 300f

et seq.

(2003)).

The authority asserted by USEPA for adoption of 40 C.F.R. 148, however, is section

3004 of RCRA (42 U.S.C. 6924 (2003)). This is the authorization for USEPA to adopt standards

applicable to hazardous waste treatment, storage, and disposal facilities. The authority for Board

adoption of federal hazardous waste management standards is Section 22.4(a) of the Act (415

ILCS 5/22.4 (2004)). Section 22.4(a),

inter alia

, mandates adoption of regulations that are

identical-in-substance to hazardous waste management standards adopted by USEPA pursuant to

Section 3004 of RCRA. Thus, adoption of Illinois regulations to correspond with the

underground injection aspects of the federal land disposal restrictions of 40 C.F.R. 148 falls

under the Board’s mandate of Section 22.4(a) of the Act (415 ILCS 5/22.4(a) (2004)). The

adoption of those land disposal restrictions cannot fall under the mandate of Section 13(c) of the

Act (415 ILCS 5/13(c) (2004)), which relates exclusively to federal regulations adopted pursuant

to section 1421 of SDWA (42 U.S.C. 300h (2003)), pertaining exclusively to underground

injection control.

For the foregoing reasons, the Board is amending 35 Ill. Adm. Code 738 to classify it as a

segment of the Illinois hazardous waste regulations. While Part 738 will retain its existing Part

number, the Board is changing the Subtitle designation from 35 Ill. Adm. Code: Subchapter d

(Underground Injection Control and Underground Storage Tank Programs) to 35 Ill. Adm. Code:

Subchapter c (Hazardous Waste Operating Requirements). This is accomplished with a single

amendment to the table of contents Subchapter heading for Part 738.

1

The entire text of the hazardous waste and underground injection control regulations includes

over half a million words and spans about 2000 pages.

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12

The Board believes that associating Part 738 with the hazardous waste requirements more

accurately reflects the authority under which USEPA adopted the Part 738 restrictions and the

authority under which the Board is mandated to incorporate those standards into the Illinois

regulations. This will narrow the scope of future underground injection control update dockets

to incorporating amendments of 40 C.F.R. 146 into 35 Ill. Adm. Code 730. It will concomitantly

broaden the scope of future hazardous waste updates to include incorporation of amendments to

40 C.F.R. 148.

In redesignating Part 738 under Subchapter c, the Board is mindful that this places one

more Part of the hazardous waste regulations out of what would appear a natural sequence of

Part and Subchapter numbering. At present, the Part and Subchapter numbering of the 700-

series of the Subtitle G regulations is as indicated in Table 2-A, which appears on page 28 of this

opinion.

One possible renumbering of the Parts and redesignation of Subchapters among this

material that is indicated in Table 2-B, which appears on page 30 of this opinion. The

reorganization of material indicated in that table changes only those Parts adopted by the Board

under the identical-in-substance authorities of sections 13(c) and 22.4(a) of the Act (415 ILCS

5/13(c) and 22.4(a) (2003)). This reorganization may not require the use of the general

rulemaking authority of Section 27 of the Act (415 ILCS 5/27 (2004)).

The Board requests public comment on moving the underground injection aspects of the

federal land disposal restrictions into the hazardous waste regulations. Specifically, the Board

requests comment on the redesignation of Part 738 from Subchapter d to Subchapter c to

associate these requirements as hazardous waste requirements. The Board further requests

comment whether it might one day be desirable to renumber the hazardous waste regulations of

Parts 720 through 728 and 738 to Parts 710 through 718 and 720 and renumber Parts 733 and

739 to Parts 721 and 722, so that all of Subchapter c appears in numerical order before

Subchapter d.

Discussion of the Particular Federal Actions Involved in This Docket

Amendment of the Universal Waste Rule to Include Mercury-Containing Devices--Parts

703, 720, 721, 724, 725, 728, and 733

2

On August 5, 2005 (70 Fed. Reg. 45508), USEPA amended the Universal Waste Rule to

included mercury-containing devices. Items that are designated “universal waste,” and which

are managed in accordance with the Universal Waste Rule, are not subject to regulation as

hazardous waste. USEPA explained that common mercury-containing equipment (MCE)

includes thermostats, barometers, manometers, flow meters, pressure relief gauges, water

treatment gauges, gas safety relays, and electronic mercury switches that are in common

industrial, commercial, governmental, and household use.

2

The specific Sections involved are 703.123, 720.110, 721.109, 724.101, 725.101, 728.101,

733.101, 733.104, 733.109, 733.113, 733.114, 733.132, 733.133, and 733.134.

---

13

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the August 5, 2005

Federal Register

notice.

Having stated this, the Board observes for the benefit of the regulated community that the

October 12, 2005 amendments to the Universal Waste Rule replace an earlier exemption for

MCE that the Board adopted under authority of State law.

The Board previously included MCE in the Universal Waste Rule in Standards for

Universal Waste Management (35 Ill. Adm. Code 703, 720, 721, 725, 728, and 733), R05-8

(Apr. 7, 2005). The Board adopted that rule on a petition filed by the Agency pursuant to

Section 22.23b of the Act (415 ILCS 5/22.23b (2004)). That Agency proposal was based on

amendments to the Universal Waste Rule that USEPA proposed on June 12, 2002 (67 Fed. Reg.

40507). That USEPA proposal resulted in the October 12, 2005 federal amendments now under

consideration by the Board.

Since the June 2002 proposal, USEPA has changed aspects of the amendments.

Principally, USEPA changed its definition of MCE to include thermostats, which were formerly

a separate category of universal waste. USEPA also reworded segments of the definition to

clarify its intent as to what is included as MCE. USEPA further made a series of minor changes

in the MCE management and transportation requirements of the final rule. Important among

these changes is a new definition of “ampule,” added provisions for MCE in which the mercury

is not contained in an ampule, and standards for removal of the mercury-containing component

from the MCE. Thus, the version of the MCE provisions adopted by the Board on April 7, 2005,

is no longer entirely consistent with the provisions adopted by USEPA on October 12, 2005.

The present amendments make the Illinois rules consistent with those now adopted by

USEPA. The Board incorporated the August 5, 2005 federal amendments without substantive

deviation from the corresponding federal text. The deviations from the text of the federal

amendments are restricted to those structural and stylistic changes needed to make the text

comport with the

Illinois Register

format and the Board’s preferred style. The Table A, which

begins on page 40 of this opinion, itemizes the various revisions made in the federal text in

adapting it into the State regulations.

The Board requests public comment on the incorporation of the August 5, 2005 federal

amendments that included MCE as a category of universal waste.

---

14

Standardized Permits for Hazardous Waste Management Facilities--Parts 702, 703, 705,

720, 721, and 727

3

The USEPA action of September 8, 2005 (70 Fed. Reg. 53420) modified the hazardous

waste permit requirements. USEPA changed the federal permit rules to allow what it called a

“standardized permit” for certain hazardous waste management facilities. The facilities eligible

for coverage under the Standardized Permit Rule are facilities that are otherwise subject to the

RCRA permit requirements and which generate and then store or non-thermally treat hazardous

waste on-site in containers, tanks, or containment buildings. Also subject to the Standardized

Permit Rule are facilities that receive waste for storage or treatment from a generator that is

under the same ownership as the receiving facility. USEPA’s goal is to streamline the RCRA

permit process to allow the subject facilities to more easily obtain and modify permits.

The Board incorporated the September 8, 2005 federal amendments without substantive

deviation from the corresponding federal text. The deviations from the text of the federal

amendments are restricted to those structural and stylistic changes needed to make the text

comport with the

Illinois Register

format and the Board’s preferred style. Table A, which begins

on page 40 of this opinion, itemizes the various revisions made in the federal text in adapting it

into the State regulations.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the September 8, 2005

Federal Register

notice.

The only aspects of the present amendments that warrant such consideration here relate to the

style and structure of the federal regulations.

Initially, the style in which USEPA presented the regulations is their current “user-

friendly” format. The rules are presented in a question-and-answer format that the Board

believes is more appropriate for an informational brochure than for regulations. The Board

believes that the informal style and chatty format used by USEPA could one day result in

adjudication that the rules are advisory, rather than compulsory. Thus, the Board has changed

each appearance of headings and questions like “What requirements apply to my facility?” to a

direct statement like “Applicable requirements.”

Second, USEPA chose to codify the new segments of the existing permit rules, subpart G

of 40 C.F.R. 124 and subpart J of 40 C.F.R. 270, and the new Standardized Permit rules, 40

C.F.R. 267, in short, narrow sections. Many of the new provisions are far less than a page long

when presented in the

Illinois Administrative Code

format. USEPA then subdivided the new

subparts with topical subheadings that include two to five of these short sections each. The

3

The specific Sections involved are 702.101, 702.110, 702.120, 702.125, 703.100, 703.101,

703.125, 703.144, 703.191, 703.192, 703.260, 703.270, 703.272, 703.350 through 703.353,

705.128, 705.300 through 705.304, 720.110, 720.111, 721.107; 727.100, 727.130, 720.150,

727.170, 727.190, 727.210, 727.240, 727.270, 727.290, and 727.900.

---

15

subheadings are not allowed in the

Illinois Administrative Code

format.

See

1 Ill. Adm. Code

100.310 (2004). The federal amendments added 15 sections to subpart G of 40 C.F.R. 124 under

five topical subheadings, and 12 sections to subpart J of 40 C.F.R. 270 under four subheadings.

New part 267 does not use the topical subheadings, but most of its 75 new sections are similarly

short, in 12 subparts. Thus, the Board has made changes consistent with

Illinois Administrative

Code

requirements.

Third, USEPA has marked a number of sections in the new rules as “reserved.” This is

not allowed under the

Illinois Administrative Code

format.

See

1 Ill. Adm. Code 100.310

(2004).

See, e.g.,

40 C.F.R. 267.91 through 267.100 and 267.144 through 267.146, as added at

70 Fed. Reg. 45508, 53460, 53465 (Aug. 5, 2005). This has required the Board to insert a

statement at each of the corresponding subsections to maintain structural consistency with the

federal regulations.

See, e.g.,

35 Ill. Adm. Code 727.190(b) through (m) and 727.240(e) through

(g), as added in the order accompanying this opinion. Similarly, USEPA marked some

subsections in the federal rules as “reserved.”

See, e.g.,

40 C.F.R. 267.141(c) and (e), as added

at 70 Fed. Reg. 45508, 53462 (Aug. 5, 2005). The Board was easily able to maintain structural

consistency by adding the explanatory statement in the corresponding subsection of the Illinois

regulations.

See, e.g.,

35 Ill. Adm. Code 727.240(b)(3) and (b)(5), as added in the order

accompanying this opinion (corresponding with the cited federal example reserved subsections).

4

Incorporating the new federal Standardized Permit Rule requirements into the Illinois

rules, the Board has deviated from the federal structure, while retaining a correlation with the

federal structure.

5

The Board has chosen to use the topical subheading divisions as Section

divisions in the Illinois regulations, organizing the federal sections into subsections for new

4

Similarly reserved subparts in the federal regulations did not present a similar challenge to

maintain structural consistency, since the Board only needed to leave gaps in the Section

numbering to accommodate any future use of these federal provisions.

Compare

the table of

contents of 40 C.F.R. 267, as added at 70 Fed. Reg. 45508, 53454 (Aug. 5, 2005) (reserving

subparts K through CC)

with

the table of contents of 35 Ill. Adm. Code 727 in the order

accompanying this opinion (leaving a large gap in numbering between Sections 727.290 and

727.900).

5

Since they were initially codified, the Board has maintained a linear correlation with the

substantive segments of the federal hazardous waste regulations. The State Section number has

been the corresponding federal section number plus 460.100. Thus, for example, 40 C.F.R.

265.314 correlated with 35 Ill. Adm. Code 725.414.

See

Proposed Regulations for RCRA, R81-

22, slip op. at 3 (Sep. 16, 1981). The only notable exception to this pattern has occurred when

the Board has encountered federal provisions that exceed the allowable four subsection indent

levels in their rules.

See

UIC Update, USEPA Regulations (January 1, 2005 through June 30,

2005), R06-5, RCRA Subtitle D Update, USEPA Regulations (January 1, 2005 through June 30,

2005 and August 1, 2005), R06-6, RCRA Subtitle C Update, USEPA Regulations (January 1,

2005 through June 30, 2005 and August 1, 2005), R06-7 (consolidated), (Jan. 5, 2006 and Feb. 2,

2006) at page 11. There has never been any effort to maintain structural parity between the State

and federal permit rules.

---

16

Subpart J of 35 Ill. Adm. Code 703 (corresponding with subpart J of 40 C.F.R. 270) and new

Subpart G of 35 Ill. Adm. Code 705 (corresponding with subpart G of 40 C.F.R. 124). In new 35

Ill. Adm. Code 727 (corresponding with 40 C.F.R. 267), the Board has combined all federal

sections in each federal subpart into a single State Section; each federal section appears as a

subsection at the first indent level.

6

The Board has appended a Board note to each subsection

that indicates the federal section from which it derives.

Fourth, segments of the federal regulations extend beyond the level of subsection indents

permissible under the

Illinois Administrative Code

format. This is made even more significant

by the Board’s having used the first indent level to combine several federal subsections into a

single

Illinois Administrative Code

Section. For example, codification of new 40 C.F.R.

267.143(f)(2)(i)(A)(

1

)(

i

) through (f)(2)(i)(A)(

1

)(

vi

) without relocation of material would have

required codification three indent levels below the permissible level of 35 Ill. Adm. Code

727.240(d)(6)(B)(i) (perhaps as 727.240(d)(6)(B)(i)(

a

)(

1

)(

A

) through (d)(6)(B)(i)(

a

)(

1

)(

F

)).

7

Instead, the Board moved provisions that would have required impermissible indent levels.

Finally, the Board notes that USEPA did not amend all general cross-references to the

hazardous waste rules to include new 40 C.F.R. 267. In fact, USEPA amended only one general

cross-reference in the rules to accommodate the adoption of new 40 C.F.R. 727. That cross-

reference is at 40 C.F.R. 261.7(a)(1) (corresponding with 35 Ill. Adm. Code 721.107(a)(1)). The

cross-reference now cites “parts 261 through 265, 267, 268, 270, or 124” (which the Board has

rendered as “35 Ill. Adm. Code 702, 703, and 721 through 728” in the Illinois regulations).

Many other general references to the rules still read “40 C.F.R. parts 260 through 266 and 268,”

“40 C.F.R. parts 262 through 265,” or in some other way that does not include new part 267.

The Board can see nothing unique about the cross-reference at 40 C.F.R. 261.7(a)(1) that

indicates USEPA intended it as the only general cross-reference to include new part 267. For

this reason, the Board has amended each general cross-reference in the Illinois regulations to

include new part 727. The Board has further examined the context of each and included or

excluded citations to the waste- and facility-specific standards of Part 726, the universal waste

management requirements of Part 733, the land disposal restrictions of Parts 728 and 738,

8

and

the used oil management standards of Part 739, as appears appropriate. Table 3, which begins on

page 31 of this opinion lists all the federal regulations that do not yet include 40 C.F.R. 267 to a

6

Numbered (a), (b), (c), etc., as appropriate.

7

Further, since the

Illinois Administrative Code

codification requirements necessitates an

additional half inch of indent for each lower level of subsection, with the first indent level

starting two inches from the left margin of the page (

see

1 Ill. Adm. Code 100.340(b) (2004)),

the text of such a subsection at the seventh indent level would have been indented five inches

from the left margin.

8

The Board notes that Part 738 has traditionally been associated as underground injection

control regulations. One segment of the present amendments would redesignate Part 738 as a

segment of the hazardous waste regulations. See pages 11 and 12 of this opinion for discussion

of this redesignation.

---

17

general citation to the hazardous waste regulations, the corresponding Illinois regulations, and

how the Board has updated each cross-reference to include.

To accommodate the changes in structure and movements of text described in the

foregoing paragraphs, the Board has added tables to the text of new Part 727 that indicate the

correlation between the State and federal Standardized Permit Rule provisions. Added Table A

of Appendix B to 35 Ill. Adm. Code 727 correlates the provisions added to 40 C.F.R. 124, 267,

and 270 to those added at 35 Ill. Adm. Code 703, 705, and 727. Added Table B of Appendix B

to 35 Ill. Adm. Code 727 correlates the added State provisions of 35 Ill. Adm. Code 703, 705,

and 727 to those from which they derived in 40 C.F.R. 124, 267, and 270. The Board has further

inserted Board notes at each provision of the permit rules to indicate the federal regulations from

which it derived.

See, e.g.,

the end Board note attached to 35 Ill. Adm. Code 702.110 (2004).

Where the Board found it necessary to deviate from the federal structure to move segments of

text, explanatory Board notes at the location from which the text was moved indicate the new

location of the text. Companion Board notes at the location to which the text moved indicate the

source location.

See, e.g.,

the end Board notes attached to 35 Ill. Adm. Code 727.240(d)(6)(A)

and (m) (2004) (indicating the movement of corresponding 40 C.F.R. 267.143(f)(1)). Table 4

which begins on page 33 of this opinion, itemizes the locations of the various federal

Standardized Permit Rule provision in the Illinois regulations.

9

The Board requests public comment on the incorporation of the September 8, 2005

federal Standardized Permit Rule. In particular, the Board requests comments on three specific

aspects of these amendments. First, the Board requests comments on the shift in style from

USEPA’s now customary question-and-answer format to a more traditional format of using

direct statements and imperatives for the rules. Second, the Board requests comments on the

structural deviations from the corresponding federal rules. Finally, the Board requests comment

on whether any or all of the generalized cross-references to the hazardous waste regulations

should be expanded to include the Parts 728 and 738 land disposal restrictions, the Part 733

universal waste rule, and the Part 739 used oil standards. (See Table 3, which begins on page 31

of this opinion, and which lists the cross references updated to include the Part 727 Standardized

Waste Rule requirements.)

Amendments to the Headworks Exemption from the Definition of Hazardous Waste--

Section 721.103

The USEPA action of October 4, 2005 (70 Fed. Reg. 59402), expanded an existing

exemption from the definition of hazardous waste. The exemption is called the “headworks

exemption,” and it relates to mixtures of listed hazardous waste (from subpart D of 40 C.F.R.

261, which corresponds with Subpart D of 35 Ill. Adm. Code 721) and wastewater that go to a

regulated wastewater treatment system. Certain concentration and other limits apply to the

mixtures of waste in the wastewater. USEPA changed a few aspects of the headworks

9

This Table 4is essentially the same as Table A of Appendix B to Part 727, as added in the

order that accompanies this opinion.

---

18

exemption rule, including the mixtures that are subject to the rule, the locations acceptable for

sampling and measurement, and the scope of the

de minimis

exemption.

USEPA added benzene and 2-ethoxyethanol to the list of solvents whose mixtures with

wastewater are exempted from the definition of hazardous waste. Certain limitations apply to

the exemption of benzene-containing wastewater.

10

Also exempted are scrubber waters from the

combustion of any of the exempted solvents (including combustion of the solvents previously

exempted).

11

USEPA further amended the headworks exemption to allow measurement of

solvent levels at the headworks of the wastewater treatment plant to determine the applicability

of the exemption, provided that the wastewater treatment is subject to federal Clean Air Act

standards and the generator submits an analysis plan for approval. Finally, USEPA broadened

the applicability of the

de minimis

exemption to listed wastes beyond discarded commercial

products and to non-manufacturing facilities.

The Board incorporated the October 4, 2005 federal amendments without substantive

deviation from the corresponding federal text. The deviations from the text of the federal

amendments are restricted to those structural and stylistic changes needed to make the text

comport with the

Illinois Register

format and the Board’s preferred style. Table A, which begins

on page 40 of this opinion, itemizes the various revisions made in the federal text in adapting it

into the State regulations.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the October 4, 2005

Federal Register

notice.

No aspects of the present amendments warrant particular consideration here, since the Board has

not departed in any significant way from the style and structure of the federal regulations.

The Board requests public comment on the incorporation of the October 4, 2005 federal

amendments to the headworks exemptions.

10

The wastewater treatment system must be an aerated biological wastewater treatment system,

and it must use only lined surface impoundments or tanks prior to secondary clarification.

11

The exemption now includes wastewater mixtures of the solvents benzene, carbon disulfide,

carbon tetrachloride, chlorobenzene, cresols, cresylic acid, o-dichlorobenzene, 2-ethoxyethanol,

isobutanol, methyl ethyl ketone, methylene chloride, nitrobenzene, pyridine, tetrachloroethylene,

1,1,1-toluene, trichloroethane, trichloroethylene, and spent chlorofluorocarbon solvents and

scrubber waters derived from their combustion.

---

19

Finalized Hazardous Waste Combustor Rule--Parts 703, 720, 724, 725, and 726

12

The USEPA action of October 12, 2005 (70 Fed. Reg. 59402), amended the Hazardous

Waste Combustor Rule. The Hazardous Waste Combustor (HWC) Rule applies to various

entities that burn hazardous waste as a fuel: incinerators; cement kilns; lightweight aggregate

kilns; industrial, commercial, and institutional boilers and process heaters; and hydrochloric acid

production furnaces. USEPA has identified these entities as major sources of hazardous air

pollutants (HAPs),

13

which makes them subject to the maximum achievable control technology

(MACT) under national emission standards for hazardous air pollutants (NESHAPs) pursuant to

section 112(d) of the federal Clean Air Act (42 U.S.C. 7412(d) (2003)). The amendments

included Phase I replacement standards and Phase II standards. The substantive HWC Rule is a

NESHAP codified by USEPA as subpart EEE of 40 C.F.R. 63. The hazardous waste regulations

bridge to that NESHAP.

USEPA originally designated HWCs as major sources of HAP on July 16, 1992 (at 57

Fed. Reg. 31576). USEPA designates incinerators, cement kilns, and lightweight aggregate kilns

as “Phase I” sources. “Phase II” sources are boilers and hydrochloric acid production furnaces.

USEPA adopted the Phase I HWC Rule to control emissions from Phase I sources on September

30, 1999 (at 64 Fed. Reg. 52828).

14

USEPA subsequently stayed segments of the HWC Rule

and adopted interim standards on February 13, 2002 (at 67 Fed. Reg. 6792), as a result of

litigation in Cement Kiln Recycling Coalition v. EPA, 255 F.3d 855 (D.C. Cir. 2001).

15

The

USEPA amendments address the Cement Kiln Recycling Coalition decision as to the Phase I

sources to which it applied and establish standards for Phase II sources.

12

The specific Sections involved are 703.110, 703.189, 703.205, 703.208, 703.210, 703.211,

703.221, 703.232, 703.241, 703.280, 703.320, 720.111, 724.440, 725.440, and 726.200.

13

USEPA stated that HAPs emitted by HWCs include arsenic, beryllium, cadmium, chromium,

dioxins and furans, hydrogen chloride and chlorine gas, lead, manganese, and mercury.

14

The Board incorporated the HWC Rule and subsequent federal amendments into the Illinois

hazardous waste regulations in a series of dockets: RCRA Subtitle C Update, USEPA

Amendments (July 1, 1999 through December 31, 1999), R00-13 (May 18, 2000); UIC Update,

USEPA Amendments (July 1, 2000 through December 31, 2000), R01-21 and RCRA Subtitle C

Update, USEPA Amendments (July 1, 2000 through December 31, 2000), R01-23 (May 17,

2001) (consolidated); RCRA Subtitle C Update, USEPA Amendments (January 1, 2001 through

June 30, 2001), R02-1 and RCRA Subtitle C UPDATE, USEPA Amendments (July 1, 2001

through December 31, 2001, January 22, 2002, March 13, 2002, and April 9, 2002), R02-12

(Apr. 18, 2002) (consolidated); and RCRA Subtitle C Update, USEPA Amendments (July 1,

2002 through December 31, 2002), R03-18 (June 5, 2003).

15

To which the Board responded with corresponding amendments in RCRA Subtitle C Update,

USEPA Amendments (January 1, 2002 through June 30, 2002), R03-7 (Jan. 9, 2003).

---

20

The Board incorporated the October 12, 2005 federal HWC Rule amendments without

substantive deviation from the corresponding federal text. The deviations from the text of the

federal amendments are restricted to those structural and stylistic changes needed to make the

text comport with the

Illinois Register

format and the Board’s preferred style. Table A, which

begins on page 40 of this opinion, itemizes the various revisions made in the federal text in

adapting it into the State regulations.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the October 12, 2005

Federal Register

notice.

No aspects of the present amendments warrant particular consideration here, since the Board has

not departed in any significant way from the style and structure of the federal regulations. The

only aspects of the present amendments that warrant such consideration here relate to

incorporations by reference. First, USEPA changed its incorporations-by-reference provision at

40 C.F.R. 270.6 in a way that the Board will not follow. Second, the versions of subpart EEE of

40 C.F.R. 63 that the federal amendments will require the Board to incorporate by reference in

35 Ill. Adm. Code 720.111.

Section 702.104 corresponds with 40 C.F.R. 270.6, which is the centralized location of

incorporations by reference for the purposes of the RCRA permit rules of federal part 270. In

the past, 40 C.F.R. 270.6 cross-referenced 40 C.F.R. 260.11 for the incorporations. In the federal

amendments of October 12, 2005, USEPA amended section 270.6 to add replace the cross-

reference with an incorporation of “

APTI Course 415: Control of Gaseous Emissions

.” The

version of this document incorporated is identical to that listed in 40 C.F.R. 260.11. The Board

has opted to retain at Section 702.104 the existing cross-reference to 35 Ill. Adm. Code 720.111

for incorporations. Thus, 35 Ill. Adm. Code 720.111 will remain the centralized incorporations

provision for all of the hazardous waste rule, including the permitting provisions of 35 Ill. Adm.

Code 702 through 705.

As to the version of subpart EEE of 40 C.F.R. 60 incorporated by reference, the Board

does not generally insert the version date in citations to the

Code of Federal Regulations

in the

substantive segments of the regulations. Rather, the Board inserts the version information in the

centralized citation for incorporation by reference in 35 Ill. Adm. Code 720.111(b). This

practice allows the Board to update the incorporation by reference to a later version or to include

later amendments published in the

Federal Register

without amending the substantive rule for

which the document is incorporated. The October 12, 2006 federal amendments refer in 40

C.F.R. 270.42(j)(1) to the version of 40 C.F.R. 63.1210 that was in effect on October 12, 2000,

which was the July 1, 2000 edition of that provision. This has required the Board to include the

version date “(2000)” in the citation to 40 C.F.R. 63.1210 in corresponding 35 Ill. Adm. Code

703.280(j)(1) and add an incorporation of the 2000 version of 40 C.F.R. 63.1210 to 35 Ill. Adm.

Code 720.111(b).

The Board requests public comment on the incorporation of the October 12, 2005 federal

amendments to the Hazardous Waste Combustor Rule.

---

21

Cross-Media Electronic Reporting Rule--Parts 702 through 705, 720 through 728, 730, 733,

and 739

16

The USEPA action of October 13, 2005 (70 Fed. Reg. 59848) established the Cross-

Media Electronic Reporting Rule (CMERR). The CMERR sets standards for the filing of

documents in various federal program areas in an electronic format.

17

While the CMERR does

not require the filing of documents in an electronic format, it does impose minimum

requirements on documents that are filed in such a format and on the electronic document

receiving systems used to receive them. The CMERR imposes requirements on electronic filings

submitted to USEPA and on USEPA’s Central Data Exchange (CDX) that receives them, as well

as on any electronic document filings submitted to the states and any systems used by the states

to receive those filings. USEPA stated as follows in its introductory discussion of the CMERR:

[US]EPA is establishing the framework by which it will accept electronic reports

from regulated entities in satisfaction of certain document submission

requirements in [US]EPA’s regulations. [US]EPA will provide public notice

when [it] is ready to receive direct submissions of certain documents from

regulated entities in electronic form consistent with this rulemaking via an

[US]EPA electronic document receiving system. This rule does not mandate that

regulated entities utilize electronic methods to submit documents in lieu of paper-

based submissions. . . .

States . . . will be able to seek [US]EPA approval to accept electronic documents

to satisfy reporting requirements under environmental programs that [US]EPA

has delegated, authorized, or approved them to administer. This rule includes

performance standards against which a state’s . . . electronic document receiving

system will be evaluated before [US]EPA will approve changes to the delegated,

authorized, or approved program to provide electronic reporting, and establishes a

streamlined process that states, tribes, and local governments can use to seek and

obtain such approvals. 70

Federal Register

59848 (Oct. 13, 2005) (summary).

Only those filings and electronic document receiving systems approved in advance by

USEPA qualify under the CMERR. Any state system used to receive electronic documents must

obtain USEPA approval before the state may use it, except that a state may continue to use an

16

The specific Sections involved are 703.110, 703.189, 703.205, 703.208, 703.210, 703.211,

703.221, 703.232, 703.241, 703.280, 703.320, 720.111, 724.440, 725.440, and 726.200.

17

The federally-authorized programs to which the CMERR applies are all state-implemented

aspects of the Clean Air Act (all conventional and hazardous air pollutant aspects), Clean Water

Act (National Pollutant Discharge Elimination System, wastewater pretreatment, and sludge

management aspects), Safe Drinking Water Act (national primary drinking water standards and

underground injection control aspects), Resource Conservation and Recovery Act (hazardous

waste, municipal solid waste landfill, and underground storage tank aspects), and the Lead-

Based Paint Exposure Abatement Act programs.

---

22

existing electronic document receiving system

18

until October 15, 2007, pending USEPA review

and approval. USEPA is clear that any filing of documents in an electronic format is voluntary,

and not compulsory, and the CMERR creates no right or privilege to file any document in an

electronic format.

See

59 Fed. Reg. at 59853.

The Board does not review the substance and merits of the underlying federal action in

an identical-in-substance proceeding, except to the extent that it may be necessary to do so in

order to incorporate the federal provisions into the Illinois regulations. Persons interested in the

details of the federal amendments should consult the October 13, 2005

Federal Register

notice.

The only aspects of the present amendments that warrant further discussion here relate to the

general considerations of the Board in assembling a rule to insert into the Illinois hazardous

waste/underground injection control and municipal solid waste landfill regulations.

The CMERR appears in a new part of the USEPA regulations, 40 C.F.R. 3. The structure

of new 40 C.F.R. 3 includes three subparts:

19

Subpart A:

General provisions (statements of scope and applicability, definitions of

terms, and statements of the legal effect of filing a document in an

electronic format),

Subpart B:

Provisions relative to filing a document into a federal electronic document

receiving system, and

Subpart D:

Provisions relative to filing a document into an authorized electronic

document receiving system and for USEPA authorization of a state

system.

The CMERR is drafted in the “user-friendly” question-and-answer format recently favored by

USEPA.

The object of the CMERR is to provide for filing of documents in an electronic format

and to assure that documents filed in such a format have the same probative effect as a signed

paper document. USEPA stated, “[I]t is essential to ensure that electronic reports can play the

same role as their paper counterparts in providing evidence of what was reported and to what

identified individuals certified with respect to the report.” 59 Fed. Reg. at 59850. Thus,

USEPA’s emphasis is on assuring the authenticity, dependability, and integrity of documents

filed in an electronic format. To this end, USEPA the CMERR imposes requirements on six

aspects of any electronic document receiving system used by a state: (1) system security; (2) the

electronic signature method; (3) registration of persons submitting electronic documents; (4) the

18

One that was in existence on October 13, 2005.

19

Subpart C is marked “reserved.” It is apparent that at some future time, USEPA may amend

40 C.F.R. 3 to include provisions relating to electronic reporting.

See

59 Fed. Reg. at 59848

(summary).

---

23

signature and certification scenario; (5) the generation of a transaction record; and (6) system

archives.

See

59 Fed. Reg. at 59855. USEPA listed its bases for evaluation of a state electronic

document receiving system as follows (

see

59 Fed. Reg. at 59867-73):

1.

The timeliness of data generation by the system;

2.

The ability of the system to retain and generate a copy of the record on demand

that fulfills all of the following requirements:

a.

The copy must be true and accurate;

b.

It must include all electronic signatures;

c.

It must include the date and time of receipt; and

d.

It must be viewable in a human-readable format that indicates the meaning

of each information item or data element;

3.

The ability to establish that the electronic document was not altered in

transmission or at any time after receipt without detection;

4.

The provision of evidence that the person who submitted the document did so

with a way of knowing or confirming that the submission occurred;

5.

The availability of the copy of record for timely review and repudiation by the

person or entity that submitted it;

6.

The ability to verify the validity of each electronic signature at the time of

signing, which requires the following:

a.

That the signature is created using a device “owned” by the person using

it;

b.

That the device has not been compromised, or that any compromise will

be detected and the filing rejected in the event of a compromise; and

c.

That the person affixing the signature to the document is one who is

authorized to do so;

7.

The ability to bind the signature to the electronic document so that the document

cannot be altered without detection once signed;

8.

Where the person signing the document must certify the truth or accuracy of the

document, the ability of the system to provide evidence the following:

a.

That the signatory had the opportunity to review the document before

signing and submitting it;

b.

That the signatory fully understood the significance of his or her signing

and the criminal penalties for a false certification before signing and

submitting it; and

---

24

c.

That the signatory had the opportunity to detect and repudiate any

spurious submissions made in his or her name through unauthorized

access to the signature device or to the electronic document receiving

system; and

9.

The ability of the system to provide the following evidence with regard to the

person signing and submitting an electronic document:

a.

That the person signing and submitting an electronic document has

executed an electronic signature agreement or subscriber agreement for

the device used to sign the document; and

b.

That the person signing and submitting an electronic document is in fact

that person who has authority to use the device used to sign the document,

as follows:

i.

The identity of the signature device owner must be verified before

the system receives any signature created by the device;

ii.

The verification must be made “by the attestation of disinterested

individuals”; and

iii.

The verification must be “based on information or objects of

independent origin, at least one item of which is not subject to

change without government action or authorization.”

The Board has incorporated the new federal CMERR into two nearly identical provisions

at 35 Ill. Adm. Code 720.104, of the hazardous waste and underground injection control

regulations, and 35 Ill. Adm. Code 810.105, of the municipal solid waste landfill rules. In

drafting the identical-in-substance rules, the Board has taken a minimalist approach. Sections

720.104(a) and 810.105(a) make clear that electronic filing is an option, and not a requirement.

The rules state that notice of further USEPA action is necessary before the rules can be used for

electronic filing. The rules repeat the federal applicability language making clear that the only

filings covered by the rules are electronic transmittals, and not documents submitted by facsimile

or magnetic or optical media, such as diskette, compact disc, digital videodisc, or tape.

Document transfers between USEPA and the states under administrative arrangements are also

excluded.

The Board has incorporated by reference other provisions, including the definitions of 40

C.F.R. 3.3 and the 40 C.F.R. 3.10 procedures for electronic filing directly with USEPA into its

CDX.

See

Section 720.104(b) and (c) and 810.105(b) and (c) (incorporating 40 C.F.R. 3.3 and

3.10 by reference). The Board is unsure whether there are any Illinois entities currently filing

documents directly with USEPA, but has included those provisions to avoid any confusion.

As to rules for filing documents with the Board or the Agency, the rules repeat at

Sections 720.111(d)(1) and 810.105(d)(1) that it is entirely up to the Board or the Agency

whether to set up procedures for electronic filing under the Sections. Federal 40 C.F.R. 3.10 sets

forth the basic USEPA electronic document filing requirements: (1) the electronic document

must be filed in a USEPA-approved electronic document receiving system; and (2) the electronic

document must bear required electronic signatures. The rules provide at Sections 720.111(d)(1)

---

25

and 810.105(d)(1) that any such procedures must meet the requirements of 40 C.F.R. 3.2 and

3.2000, as incorporated by reference, and must receive USEPA approval before they can be

used. The Board has included a provision at Sections 720.104(a)(4) and 810.105(a)(4) that

requires the Board or Agency to publish notice of USEPA approval of any such electronic filling

rules in the

Illinois Register

. The Board has also included in the rule language identical in

substance to federal provisions in Sections 720.104(e) and 810.105(e) that make it clear that

electronic filings will be treated in the same way as are properly signed paper filings.

To direct attention to the federally-derived electronic document filing requirements and

further assure their applicability under all of the federally-derived segments of the rules for

which the State must submit to USEPA for program authorization, the Board has added a brief

requirement in each of Parts 702 through 705, 721 through 728, 730, 733, 738, and 739, in the

hazardous waste rules, and in each of Parts 811 through 814, in the municipal solid waste landfill

rules. The brief requirement states that the filing of any document pursuant to any provision of

the Part as an electronic document is subject to 35 Ill. Adm. Code 720.104 or 810.105, as

appropriate. The Board inserted these brief requirements as a separate Section in the general

provisions of each Part, where possible. Alternatively, the Board inserted the brief requirement

as a subsection of a statement of scope, purpose, and applicability of the Part. The only

exception as to placement of this brief requirement is in Section 811.112(h). 35 Ill. Adm. Code

811.112 is derived from 40 C.F.R. 258.29. USEPA incorporated the CMERR into the municipal

solid waste landfill regulations by the addition of a new subsection (d) to 40 C.F.R. 258.29. The

Board added subsection (h) to Section 811.112 to more closely follow the federal structure.

20

,

which appears on page 38 of this opinion, lists the locations of the inserted brief requirements in

the rules.

In proposing these rules, the Board underscores that adoption of Sections 720.104 and

810.105 or any procedures to implement the Section is not intended to limit authority the Board

or Agency may have under the Act to accept electronic filings. For some time, the Board has

been conducting a pilot program to develop sufficient information and experience to propose

workable rules, and has reserved a procedural rule docket. Amendments to the Board's

Procedural Rules to Accommodate Electronic Filing: 35 Ill. Adm. Code 101-130, R04-8

(Aug. 21, 2003).

21

But, the Board presently has no projected date for issuance of a proposal,

given the Board’s heavy rulemaking docket for calendar year 2006.

20

USEPA chose to incorporate the CMERR requirements into the UIC and RCRA hazardous

waste regulations by amendment of 40 C.F.R. 145.11 and 271.10 through 271.12, respectively,

which are provisions relating to state program authorizations for which there is no direct

counterpart in the Illinois rules.

21

In the meantime, the Board currently accepts electronic document submissions into the

Clerk’s Office On-Line (COOL) system. The Board requires the use of the State of Illinois

Digital Signature Project, administered by the Office of the Secretary of State, for filing

electronic documents pursuant to the Electronic Commerce Security Act [5 ILCS 175]. The user

must obtain a free subscription to that system from the State Registration Authority (at

https://autora01.cmcf.state.il.us/ or www.illinois.gov/pki/pki_subscriber.cfm). This may or may

---

26

The Board requests public comment on the incorporation of the October 13, 2005 federal

Cross-Media Electronic Reporting Rule.

Agency or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify those portions of the program

over which USEPA will retain decision making authority. Based on the general division of

functions within the Act and other Illinois statutes, the Board is also to specify which State

agency is to make decisions.

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 some identical-in-substance rules, certain decisions pertaining to a permit application

are not appropriate for the Agency to consider. In determining the general division of authority

between the Agency and the Board, the following factors should be considered:

1.

Whether the entity making the decision is applying a Board regulation, or taking

action contrary to,

i.e.

, “waiving,” a Board regulation. It generally takes some

form of Board action to “waive” a Board regulation.

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 decisions: 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). There often are differences in the nomenclature for these decisions

between the USEPA and Board regulations.

Table 1:

Listing of Updated

Code of Federal Regulations

Provisions

As discussed above on page 6 of this opinion, various provisions of the

Code of Federal

not satisfy USEPA requirements for electronic filing, but the Board presently has insufficient

information to hazard a guess whether it does or does not.

---

27

Regulations

are incorporated by reference in 35 Ill. Adm. Code 720.111(b). The Board has

updated the edition of each title incorporated to the latest version available. The following table

indicates the latest edition available and lists the

Federal Register

citations to subsequent

updates to that latest edition.

22

Code of Federal Regulations

Provisions

Incorporated by Reference (Edition Year)

Federal Register

Citation to Later-Included

Amendments

33 C.F.R. 153.203 (2005)

70 Fed. Reg. 74669 (December 16, 2005)

40 C.F.R. 3.3

70 Fed. Reg. 59849 (Oct. 13, 2006)

40 C.F.R. 3.2000

70 Fed. Reg. 59849 (Oct. 13, 2006)

Appendix W to 40 C.F.R. 51 (2005)

70 Fed. Reg. 68218 (November 9, 2005)

40 C.F.R. 60 (2005)

70 Fed. Reg. 51266 (Aug. 30, 2005),

70 Fed. Reg. 55568 (Sep. 22, 2005),

70 Fed. Reg. 59848 (Oct. 13, 2005),

70 Fed. Reg. 73138 (Dec. 9, 2005),

70 Fed. Reg. 74870 (Dec. 16, 2005)

40 C.F.R. 61 (2005)

70 Fed. Reg. 73138 (Dec. 9, 2005),

70 Fed. Reg. 73595 (Dec. 13, 2005)

40 C.F.R. 63 (2005)

70 Fed. Reg. 38554 (July 1, 2005),

70 Fed. Reg. 38780 (July 6, 2005),

70 Fed. Reg. 39426 (July 8, 2005),

70 Fed. Reg. 39662 (July 11, 2005),

70 Fed. Reg. 40672 (July 14, 2005),

70 Fed. Reg. 44285 (Aug. 2, 2005),

70 Fed. Reg. 46684 (Aug. 10, 2005),

70 Fed. Reg. 50118 (Aug. 25, 2005),

70 Fed. Reg. 51269 (Aug. 30, 2005),

70 Fed. Reg. 57513 (Oct. 3, 2005),

70 Fed. Reg. 59402 (Oct. 12, 2005),

70 Fed. Reg. 59848 (Oct. 13, 2005),

70 Fed. Reg. 66280 (Nov. 2, 2005),

70 Fed. Reg. 73138 (Dec. 9, 2005),

70 Fed. Reg. 73595 (Dec. 13, 2005),

70 Fed. Reg. 75042 (Dec. 19, 2005),

70 Fed. Reg. 75047 (Dec. 19, 2005),

70 Fed. Reg. 75320 (Dec. 19, 2005),

70 Fed. Reg. 75924 (Dec. 21, 2005),

70 Fed. Reg. 76918 (Dec. 28, 2005)

Subpart EEE of 40 C.F.R. 63 (2005)

70 Fed. Reg. 59402 (Oct. 12, 2005),

70 Fed. Reg. 75042 (Dec. 19, 2005)

40 C.F.R. 257 (2005)

70 Fed. Reg. 59848 (Oct. 13, 2005)

22

Segments of the

Code of Federal Regulations

that are not listed were not amended since the

latest edition of the

Code

, even if incorporated by reference.

---

28

40 C.F.R. 258 (2005)

70 Fed. Reg. 44150 (Aug. 1, 2005),

70 Fed. Reg. 59848 (Oct. 13, 2005)

Subpart B of 49 C.F.R. 107 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 171 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 171.8 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 172 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 173 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 174 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 175 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 176 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 177 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 178 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 179 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

49 C.F.R. 180 (2005)

70 Fed. Reg. 73156 (Dec. 9, 2005)

Existing and Prospective Future Organization of 700-Series Rules

As discussed above on page 11 of this opinion, it may be desirable to reorganize the

material in the 700-series of rules in Subtitle G so that the part numbers appear sequentially

under the subchapter designations. This would allow a more logical ordering of the material.

Table 2-A below indicates the current organization of these rules. Table 2-B indicates one

reorganization that would be possible through renumbering and reorganization of identical-in-

substance rules alone. The statutory authorities used to establish each part is indicated in column

four of Table 2-B.

Table 2-A: Existing Organization of 700-Series Rules

Part

Part Title

Subchapter

702

RCRA and UIC Permit Programs

b: Permits

703

RCRA Permit Program

b: Permits

704

UIC Permit Program

b: Permits

705

Procedures For Permit Issuance

b: Permits

709

Wastestream Authorizations

b: Permits

718

Fees (Emergency Expired)

b: Permits

720

Hazardous Waste Management System:

General

c: Hazardous Waste Operating

Requirements

721

Identification and Listing of Hazardous

Waste

c: Hazardous Waste Operating

Requirements

722

Standards Applicable to Generators of

Hazardous Waste

c: Hazardous Waste Operating

Requirements

723

Standards Applicable to Transporters of

Hazardous Waste

c: Hazardous Waste Operating

Requirements

---

29

724

Standards For Owners and Operators of

Hazardous Waste Treatment, Storage,

and Disposal Facilities

c: Hazardous Waste Operating

Requirements

725

Interim Status Standards for Owners and

Operators of Hazardous Waste

Treatment, Storage, and Disposal

Facilities

c: Hazardous Waste Operating

Requirements

726

Standards for the Management of

Specific Hazardous Waste and Specific

Types of Hazardous Waste Management

Facilities

c: Hazardous Waste Operating

Requirements

727

Standards for Owners and Operators of

Hazardous Waste Facilities Operating

Under a Standardized Permit

c: Hazardous Waste Operating

Requirements

728

Land Disposal Restrictions

c: Hazardous Waste Operating

Requirements

729

Landfills: Prohibited Hazardous Wastes

c: Hazardous Waste Operating

Requirements

730

Underground Injection Control Operating

Requirements

d: Underground Injection Control and

Underground Storage Tank Programs

731

Underground Storage Tanks

d: Underground Injection Control and

Underground Storage Tank Programs

732

Petroleum Underground Storage Tanks

(Releases Reported September 23, 1994,

Through June 23, 2002)

d: Underground Injection Control and

Underground Storage Tank Programs

733

Standards For Universal Waste

Management

c: Hazardous Waste Operating

Requirements

734

Petroleum Underground Storage Tanks

(Releases Reported on or After June 24,

2002)

d: Underground Injection Control and

Underground Storage Tank Programs

738

Hazardous Waste Injection Restrictions

d: Underground Injection Control and

Underground Storage Tank Programs

739

Standards for the Management of Used

Oil

c: Hazardous Waste Operating

Requirements

Table 2-B: Prospective Future Organization of 700-Series Rules

Part

Part Title

Subchapter

Rulemaking

Authorities

702

RCRA and UIC Permit Programs b: Permits

7.2, 13, 22.4 & 27

703

RCRA Permit Program

b: Permits

7.2, 22.4 & 27

704

UIC Permit Program

b: Permits

7.2, 13, 22.4 & 27

705

Procedures For Permit Issuance

b: Permits

7.2, 13, 22.4 & 27

709

Wastestream Authorizations

b: Permits

22.6 & 27

---

30

710

Hazardous Waste Management

System: General

b: Hazardous Waste

Operating Requirements

7.2, 13, 22.4 & 27

711

Identification and Listing of

Hazardous Waste

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

712

Standards Applicable to

Generators of Hazardous Waste

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

713

Standards Applicable to

Transporters of Hazardous Waste

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

714

Standards For Owners and

Operators of Hazardous Waste

Treatment, Storage, and Disposal

Facilities

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

715

Interim Status Standards for

Owners and Operators of

Hazardous Waste Treatment,

Storage, and Disposal Facilities

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

716

Standards for the Management of

Specific Hazardous Waste and

Specific Types of Hazardous

Waste Management Facilities

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

717

Standards for Owners and

Operators of Hazardous Waste

Facilities Operating Under a

Standardized Permit

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

718

Land Disposal Restrictions

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

720

Hazardous Waste Injection

Restrictions

c: Hazardous Waste

Operating Requirements

7.2, 13, 22.4 & 27

721

Standards For Universal Waste

Management

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

722

Standards for the Management of

Used Oil

c: Hazardous Waste

Operating Requirements

7.2, 22.4 & 27

729

Landfills: Prohibited Hazardous

Wastes

c: Hazardous Waste

Operating Requirements

22, 22.4, 22.6 & 27

730

Underground Injection Control

Operating Requirements

d: Underground Injection

Control and Underground

Storage Tank Programs

7.2, 13, 22.4 & 27

731

Underground Storage Tanks

d: Underground Injection

Control and Underground

Storage Tank Programs

7.2, 22.4 & 27

732

Petroleum Underground Storage

Tanks (Releases Reported

September 23, 1994, Through

June 23, 2002)

d: Underground Injection

Control and Underground

Storage Tank Programs

22.12, 57.14 & 27

---

31

734

Petroleum Underground Storage

Tanks (Releases Reported on or

After June 24, 2002)

d: Underground Injection

Control and Underground

Storage Tank Programs

22.12, 57.14A & 27

Include Citation to the Standardized Permit Rule

As discussed above on pages 16 and 17 of this opinion, the USEPA did not amend all

general citations to the hazardous waste regulations to include citation to the Standardized

Permit Rule. Table 3 lists the general cross-references that USEPA did not update to

accommodate new part 267 of the Standardized Permit Rule. The left column indicates the

locations in the federal regulations where such citations occur. The second column indicates the

federal provisions cross-referenced at that location. The third column indicates the

corresponding provision in the Illinois regulations. The fourth column indicates the provisions

cross-referenced at that location in the Illinois regulations subsequent to completion of the

present rulemaking.

40 C.F.R. Provision

Cross-Referencing

40 C.F.R. Parts

Corresponding

35 Ill. Adm. Code

Provision

Cross-Referencing 35

Ill. Adm. Code Parts

(as Updated)

260.1(a)

260-265 & 268

720.101(a)

720-728, 733, 738,

and 739

260.1(b)(1)

260-265 & 268

720.101(b)

720-728, 733, 738,

and 739

260.1(b)(2)

260-265 & 268

720.101(b)(2)

720-728, 733, 738,

and 739

260.1(b)(3)

260-265 & 268

720.101(b)(3)

720-728, 733, 738,

and 739

260.1(b)(4)

260-265 & 268

720.101(b)(4)

720-728, 733, 738,

and 739

260.2(a)

260-265 & 268

720.102(a)

No cross-reference

260.2(b)

260-265 & 268

720.102(b)

No cross-reference

260.3 preamble

260-265 & 268

720.103 preamble

720-728, 733, 738,

and 739

260.10 preamble

262-273

720.110 preamble

720-728, 733, 738,

and 739

260.10 “manifest”

262-265

720.110 “manifest”

722-727

260.11(a)

260-270

720.120(a)

702-705, 720-728,

730, 733, 738, and

739

260.20(a)

260-266, 268 & 273

720.120(a)

260-268, 273, or 279

261.1(a)

124, 262-265, 268

& 270

720.101(a)

702, 703, and 724-728

261.1(a)(1)

264-266 & 270

720.101(b)

702, 703, and 724-727

---

32

261.4(c)

124, 262-265, 268

& 270

721.104(c)

702, 703, and 722-728

261.4(d)(1)

124, 262-268 & 270

721.104(d)(1)

702, 703, and 722-728

261.5(b)

124, 262-266, 268

& 270

721.105(b)

702, 703, and 722-728

261.5(e)

124, 262-266, 268

& 270

721.105(e)

702, 703, and 722-728

261.5(f)(2)

124, 262-266, 268

& 270

721.105(f)(2)

702, 703, and 722-728

261.5(g)(2)

124, 263-266, 268

& 270

721.105(g)(2)

702, 703, and 723-728

261.7(a)(2)

124, 261-265, 268

& 270

721.107(a)(2)

702, 703, and 721-728

261.8 preamble

124, 261-265, 268

& 270

721.108

702, 703, and 721-728

261.20(b)

262-265, 268 & 270

721.120(b)

702, 703, and 722-728

261.30(c)

262-265, 268 & 270

721.130(c)

702, 703, and 722-728

264.175(b)(5)

comment

262-266

724.275(b)(5) Board

note

722-728

264.193(c)(4) note

262-265

724.293(c)(4) Board

note

722-728

264.351 comment

262-266

724.451 Board note

722-728

264.1081 preamble

260-266

724.981 preamble

720-728

265.193(c)(4) note

262-265

725.293(c)(4) Board

note

722-728

265.351 comment

262-266

725.451 Board note

722-728

265.1081 preamble

260-266

725.981 preamble

720-728

266.70(d)

124, 262-265 & 270

726.170(d)

702, 703, and 722-728

270.14(b)(11)(iv)(C)(

2

)

124, 264-266 & 270

703.184(d)(3)(B)

702, 703, and 724-727

270.41(a)(5)

124, 260-266 & 270

703.271(f)

702, 703, and 720-727

270.175(b)

124, 260-266 & 270

703.304(b)(2)

702, 703, and 720-727

279.10 preamble

124, 260-266, 268

& 270

739.110 preamble

702, 703, and 722-728

279.10(b)(1)(i)

124, 260-266, 268

& 270

739.110(b)(1)(A)

702, 703, and 722-728

279.10(b)(2)(i)

124, 260-266, 268

& 270

739.110(b)(2)(A)

702, 703, and 722-728

279.10(c)(1)(ii)

124, 260-266, 268

& 270

739.110(c)(1)(B)

702, 703, and 722-728

279.10(e)(1)(ii)

124, 260-266, 268

& 270

739.110(e)(1)(B)

702, 703, and 722-728

279.10(e)(3)(ii)

124, 260-266, 268

& 270

739.110(e)(3)(B)

702, 703, and 722-728

---

33

279.81(a)

124, 260-266, 268

& 270

739.181(a)

702, 703, and 722-728

Correlation Between the State and Federal Rules

As discussed above on pages 14 and 15 of this opinion, the Board did not maintain a

direct linear correlation between the federal and State versions of the Standardized Permit Rule.

The Board found it desirable to combine federal sections into single sections in the Illinois

regulations and necessary to move certain federal provisions to a different location in the rules.

The following table indicates the correlation between the federal and State provisions of the

Standardized Permit Rule. Where the structure of a State provision exactly parallels the

corresponding federal provision from which it was derived, no expanded listing of the

subsections appears. Where it was necessary to move or restructure the material from the federal

regulations, a detailed listing of the location of each subsection appears.

40 C.F.R. Provision

35 Ill. Adm. Code Provision

Subpart G of Part 124

Subpart G of Part 705

124.200

705.300(a)

124.201

705.300(b)

124.202

705.301(a)

124.203

705.301(b)

124.204

705.302(a)

124.205

705.302(b)

124.206

705.302(c)

124.207

705.303(a)

124.208

705.303(b)

124.209

705.303(c)

124.210

705.303(d)

124.211

705.304(a)

124.212

705.304(b)

124.213

705.304(c)

124.214

705.304(d)

40 C.F.R. Provision

35 Ill. Adm. Code Provision

Subpart A of Part 267

727.100

267.1

727.100(a)

267.2

727.100(b)

267.3

727.100(c)

Subpart B of Part 267

727.110

267.10

727.110(a)

267.11

727.110(b)

267.12

727.110(c)

267.13

727.110(d)

---

34

267.14

727.110(e)

267.15

727.110(f)

267.16

727.110(g)

267.17

727.110(h)

267.18

727.110(i)

Subpart C of Part 267

727.130

267.30

727.130(a)

267.31

727.130(b)

267.32

727.130(c)

267.33

727.130(d)

267.34

727.130(e)

267.35

727.130(f)

Subpart D of Part 267

727.150

267.50

727.150(a)

267.51

727.150(b)

267.52

727.150(c)

267.53

727.150(d)

267.54

727.150(e)

267.55

727.150(f)

267.56

727.150(g)

267.57

727.150(h)

267.58

727.150(i)

Subpart E of Part 267

727.170

267.70

727.170(a)

267.71

727.170(b)

267.72

727.170(c)

267.73

727.170(d)

267.74

727.170(e)

267.75

727.170(f)

267.76

727.170(g)

Subpart F of Part 267

727.190

267.90

727.190(a)

267.91 (Reserved)

727.190(b)

267.92 (Reserved)

727.190(c)

267.93 (Reserved)

727.190(d)

267.94 (Reserved)

727.190(e)

267.95 (Reserved)

727.190(f)

267.96 (Reserved)

727.190(g)

267.97 (Reserved)

727.190(h)

267.98 (Reserved)

727.190(i)

267.99 (Reserved)

727.190(j)

267.100 (Reserved)

727.190(k)

267.101

727.190(l)

Subpart G of Part 267

727.210

---

35

267.110

727.210(a)

267.111

727.210(b)

267.112

727.210(c)

267.113

727.210(d)

267.114 (Reserved)

727.210(e)

267.115

727.210(f)

267.116

727.210(g)

267.117

727.210(h)

Subpart H of Part 267

727.240

267.140

727.240(a)

267.141

727.240(b)

267.142

727.240(c)

267.143

727.240(d)

267.143(f)(1)

727.240(d)(6)(A)

267.143(f)(1)

727.240(m)

267.143(f)(1)(i)

727.240(m)(1)

267.143(f)(1)(i)(A)

727.240(m)(1)(A)

267.143(f)(1)(i)(B)

727.240(m)(1)(B)

267.143(f)(1)(i)(C)

727.240(m)(1)(C)

267.143(f)(1)(ii)

727.240(m)(2)

267.143(f)(1)(ii)(A)

727.240(m)(2)(A)

267.143(f)(1)(ii)(B)

727.240(m)(2)(B)

267.143(f)(1)(iii)

727.240(m)(3)

267.143(f)(2)

727.240(d)(6)(B)

267.143(f)(2)

727.240(n)

267.143(f)(2)(i)

727.240(n)(1)

267.143(f)(2)(i)(A)

727.240(n)(1)(A)

267.143(f)(2)(i)(A)(

1

)

727.240(n)(1)(A)(i)

267.143(f)(2)(i)(A)(

1

)

727.240(n)(1)(E)

267.143(f)(2)(i)(A)(

1

)(

i

)

727.240(n)(1)(E)(i)

267.143(f)(2)(i)(A)(

1

)(

ii

)

727.240(n)(1)(E)(ii)

267.143(f)(2)(i)(A)(

1

)(

iii

)

727.240(n)(1)(E)(iii)

267.143(f)(2)(i)(A)(

1

)(

iv

)

727.240(n)(1)(E)(iv)

267.143(f)(2)(i)(A)(

1

)(

v

)

727.240(n)(1)(E)(v)

267.143(f)(2)(i)(A)(

1

)(

vi

)

727.240(n)(1)(E)(vi)

267.143(f)(2)(i)(A)(

2

)

727.240(n)(1)(A)(ii)

267.143(f)(2)(i)(B)

727.240(n)(1)(B)

267.143(f)(2)(i)(C)

727.240(n)(1)(C)

267.143(f)(2)(i)(D)

727.240(n)(1)(D)

267.143(f)(2)(ii)

727.240(n)(2)

267.143(f)(2)(iii)

727.240(n)(3)

267.143(f)(2)(iv)

727.240(n)(4)

267.143(f)(2)(iv)(A)

727.240(n)(4)(A)

267.143(f)(2)(iv)(B)

727.240(n)(4)(B)

---

36

267.143(f)(2)(v)

727.240(n)(5)

267.143(f)(2)(v)(A)

727.240(n)(5)(A)

267.143(f)(2)(v)(B)

727.240(n)(5)(B)

267.143(f)(2)(vi)

727.240(n)(6)

267.143(f)(3)

727.240(d)(6)(C)

267.143(f)(3)

727.240(o)

267.143(f)(3)(i)

727.240(o)(1)

267.143(f)(3)(i)(A)

727.240(o)(1)(A)

267.143(f)(3)(i)(B)

727.240(o)(1)(B)

267.143(f)(3)(ii)

727.240(o)(2)

267.143(f)(3)(iii)

727.240(o)(3)

267.144 (Reserved)

727.240(e)

267.145 (Reserved)

727.240(f)

267.146 (Reserved)

727.240(g)

267.147

727.240(h)

267.147(f)(2)

727.240(h)(6)(B)

267.147(f)(2)

727.240(p)

267.147(f)(2)(i)

727.240(p)(1)

267.147(f)(2)(i)(A)

727.240(p)(1)(A)

267.147(f)(2)(i)(B)

727.240(p)(1)(B)

267.147(f)(2)(i)(C)

727.240(p)(1)(C)

267.147(f)(2)(ii)

727.240(p)(2)

267.147(f)(2)(iii)

727.240(p)(3)

267.147(f)(2)(iv)

727.240(p)(4)

267.147(f)(2)(iv)(A)

727.240(p)(4)(A)

267.147(f)(2)(iv)(B)

727.240(p)(4)(B)

267.147(f)(2)(v)

727.240(p)(5)

267.147(f)(2)(v)(A)

727.240(p)(5)(A)

267.147(f)(2)(v)(B)

727.240(p)(5)(B)

267.147(f)(2)(vi)

727.240(p)(6)

267.147(g)(2)

727.240(h)(7)(B)

267.147(g)(2)

727.240(q)

267.147(g)(2)(i)

727.240(q)(1)

267.147(g)(2)(ii)

727.240(q)(2)

267.147(g)(2)(ii)(A)

727.240(q)(2)(A)

267.147(g)(2)(ii)(B)

727.240(q)(2)(B)

267.148

727.240(i)

267.149 (Reserved)

727.240(j)

267.150

727.240(k)

267.151

727.240(l)

267.151(a)

727.240(l)(1)

267.151(a)

Appendix A, Illustration A

267.151(b)

727.240(l)(2)

267.151(b)

Appendix A, Illustration B

---

37

Subpart I of Part 267

727.270

267.170

727.270(a)

267.171

727.270(b)

267.172

727.270(c)

267.173

727.270(d)

267.174

727.270(e)

267.175

727.270(f)

267.176

727.270(g)

267.177

727.270(h)

Subpart J of Part 267

727.290

267.190

727.290(a)

267.191

727.290(b)

267.192

727.290(c)

267.193

727.290(d)

267.194

727.290(e)

267.195

727.290(f)

267.196

727.290(g)

267.197

727.290(h)

267.198

727.290(i)

267.199

727.290(j)

267.200

727.290(k)

267.201

727.290(l)

267.202

727.290(m)

267.203

727.290(n)

267.204

727.290(o)

Subpart K of Part 267 (Reserved)

None

Subpart L of Part 267 (Reserved)

None

Subpart M of Part 267 (Reserved)

None

Subpart N of Part 267 (Reserved)

None

Subpart O of Part 267 (Reserved)

None

Subpart P of Part 267 (Reserved)

None

Subpart Q of Part 267 (Reserved)

None

Subpart R of Part 267 (Reserved)

None

Subpart S of Part 267 (Reserved)

None

Subpart T of Part 267 (Reserved)

None

Subpart U of Part 267 (Reserved)

None

Subpart V of Part 267 (Reserved)

None

Subpart W of Part 267 (Reserved)

None

Subpart X of Part 267 (Reserved)

None

Subpart Y of Part 267 (Reserved)

None

Subpart Z of Part 267 (Reserved)

None

Subpart AA of Part 267 (Reserved)

None

Subpart BB of Part 267 (Reserved)

None

Subpart CC of Part 267 (Reserved)

None

---

38

Subpart DD of Part 267

727.900

267.1100

727.900(a)

267.1101

727.900(b)

267.1102

727.900(c)

267.1103

727.900(d)

267.1104

727.900(e)

267.1105

727.900(f)

267.1106

727.900(g)

267.1107

727.900(h)

267.1108

727.900(i)

40 C.F.R. Provision

35 Ill. Adm. Code Provision

Subpart J of Part 270

Subpart J of Part 703

270.250

703.350(a)

270.255

703.350(b)

270.260

703.350(c)

270.270

703.351(a)

270.275

703.351(b)

270.280

703.351(c)

270.290

703.352(a)

270.300

703.352(b)

270.305

703.352(c)

270.310

703.352(d)

270.315

703.352(e)

270.320

703.353

Table 5:

Listing of Locations in the Hazardous Waste and Municipal Solid Waste

the Purposes of the Federal CMERR

As discussed above on page 25 of this opinion, the Board inserted a brief requirement in

each Part of the federally derived hazardous waste and municipal solid waste landfill rules. That

brief requirement subjects the filing of any electronic documents to the requirements of 35 Ill.

Adm. Code 720.104 or 810.105, as appropriate. The following table indicates the location of

each such added provision.

Location Added Section Title

Cross-Reference to

702.102

Electronic Document Filing

720.111(b)

703.103

Electronic Document Filing

720.111(b)

704.108

Electronic Document Filing

720.111(b)

705.104

Electronic Document Filing

720.111(b)

721.101(e)

Purpose and Scope

720.111(b)

722.113

Electronic Document Filing

720.111(b)

723.113

Electronic Document Filing

720.111(b)

---

39

724.104

Electronic Document Filing

720.111(b)

725.102

Electronic Document Filing

720.111(b)

726.102

Electronic Document Filing

720.111(b)

727.100(e)

General

720.111(b)

728.101(h)

Purpose, Scope, and Applicability

720.111(b)

730.101(c)

Applicability, Scope, and Effective Date

720.111(b)

733.101(c)

Scope

720.111(b)

738.106

Electronic Document Filing

720.111(b)

739.113

Electronic Document Filing

720.111(b)

811.112(h)

Recordkeeping Requirements for MSWLF Units 810.104

812.117

Electronic Document Filing

810.104

813.113

Electronic Document Filing

810.104

814.110

Electronic Document Filing

810.104

Corrections to and Clarifications of the Base Text

The tables below list numerous corrections and amendments that are not based on current

federal amendments. Table A (beginning immediately below) includes deviations made in this

proposal for public comment from the verbatim text of the federal amendments. Table B

(beginning immediately after Table A on page 127) contains corrections and clarifications that

the Board made in the base text involved in this proposal. The amendments listed in Table B are

not directly derived from the current federal amendments. Some of the entries in these tables are

discussed further in appropriate segments of the general discussion beginning at page 7 of this

opinion.

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

702.102

271.12(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 702

702.102 Board note

Added a reference to the federal source of

the material

702.110 “permit”

270.2 “permit”

Changed “subpart J of this part” to “35 Ill.

Adm. Code 703.144” (which corresponds

with 40 CFR 270.67)

---

40

Illinois Section

40 C.F.R. Section

Revision(s)

702.110 “RCRA

standardized permit”

270.2 “standardized

permit”

Added “RCRA” to the defined term;

placed the defined term in quotation

marks and standard typeface; changed

“under” to “pursuant to”; changed

“authorizing” to “that authorizes”;

changed “standardized permit” to “RCRA

standardized permit”; changed to lower-

case indefinite article “a” after the colon;

changed “Director’s discretion” to

“discretion of the Agency”

702.120(b)

270.10(a)

Added “RCRA” before “permit”; changed

“below is information on how” to “the

following information outlines”

702.120(b)(1)

270.10(a)(1)

Changed “you are” to “the facility is”;

changed “you need” to “the owner or

operator needs”; added “for a permit”

after “apply”

702.120(b)(2)

270.10(a)(2)

Changed “you . . . have” to “the facility

owner or operator . . . has”; added

“pursuant to RCRA . . . 704.Subpart C”;

changed “you” to “it”; changed “Director”

to “Agency”

702.120(b)(3)

270.10(a)(3)

Changed “you are” to “the facility owner

or operator is”; changed “you” to “it”;

changed “Director” to “Agency”

702.120(b)(4)

270.10(a)(4)

Changed “you are” to “the facility owner

or operator is”

702.120(b)(5)

270.10(a)(5)

Changed “you are” to “the facility owner

or operator is”

702.120(b)(6)

270.10(a)(6)

Changed “you are” to “the facility owner

or operator is”; added “RCRA” before

“standardized permit”

702.125(e)(1)

270.51(e)(1)

Changed “your” to “an owner’s or

operator’s”; added “RCRA” before

“standardized permit”; changed “your” to

“its”; changed “are true” to “conditions

are fulfilled”

702.125(e)(1)(A)

270.51(e)(1)(i)

Changed “EPA” to “the Agency”

702.125(e)(1)(B)

270.51(e)(1)(ii)

Changed “you submit” to “the facility

owner or operator has submitted”;

changed “under” to “pursuant to”

---

41

Illinois Section

40 C.F.R. Section

Revision(s)

702.125(e)(1)(C)

270.51(e)(1)(iii)

Changed “Director” to “the Agency”;

changed “your part” to “of the owner or

operator”; changed “your permit before

your” to “the permit before its”

702.125(e)(2)

270.51(e)(2)

Changed “cases” to “instances”; changed

“Director” to “the Agency”; changed “you

that you are” to “the owner or operator

that it is”; added “RCRA” before

“standardized permit” (twice); changed

“those cases” to “such an instance”;

changed “your” to “the owner’s or

operator’s”; changed “you submit” to “the

owner or operator submits”; changed “you

receive” to “it receives”; changed “our” to

“an Agency”; changed “you are” to “the

owner or operator is”

703.100(e)

124.1(b) and 270.1(b)

Added the opening sentence “The

standards of . . . the affected provision.”;

changed “treatment, storage, and disposal

facilities that are . . . meet” to singular and

the defined abbreviation “a TSD that is

. . . meets”; changed “that” to “which” for

a subsequent restrictive relative clause;

added “RCRA” before “standardized

permit”; changed “under” to “pursuant to”

703.100(e)(2)

270.1(b)(2)

Changed “and then stores” to “and the

facility stores”

703.100(e) Board note

Added reference to federal source of the

material

703.102

271.12(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 702

703.102 Board note

Added a reference to the federal source of

the material

703.125 heading

270.10(h) topical

statement

Capitalized “Permit” in the subsection

topical statement used as a Section

heading

703.125 preamble

270.10(h)

Changed “you have . . . you want . . . you

have” to “a facility owner or operator has

. . . it wants . . . it has”; added “the

following” before “two options”

---

42

Illinois Section

40 C.F.R. Section

Revision(s)

703.125(a)

270.10(h)(1)

Changed “you” to “the owner or

operator”; changed “Director” to

“Agency”

703.125(b)

270.10(h)(2)

Changed “you intend . . . you” to “the

owner or operator intends . . . it”; added a

comma before “as described” to offset the

parenthetical; changed “Director” to

“Agency” (twice); changed “you” to “the

owner or operator”; changed “applications

or Notices” to singular “an application of

Notice”

703.144 preamble

270.67 preamble

Changed “RCRA standardized permits are

special forms of permits” to singular “a

RCRA standardized permit is a special

form of permit”; changed “TSD owners or

operators” to “the owner or operator of a

TSD”; added “that engages in either of the

following activities”

703.144(a)

270.67(a)

Added “it”; changed “generate . . . treat or

store” to singular “generates . . . treats or

stores”

703.144(b)

270.67(b)

Added “it” (twice); changed “receive . . .

store or treat” to singular “receives . . .

stores or treats”; changed “standardized

permit facility owners or operators are” to

singular “the owner or operator of a

facility operating under a RCRA

standardized permit is”; changed “under”

to “pursuant to”

703.144 Board note

Added reference to federal source of the

material

703.189 heading

270.10(l)

Added a Section heading to render the

federal subsection as a separate Section

703.189 preamble

270.10(l)

Changed “Director concludes” to

“Agency determines”; changed “be

protective” to “adequately protect”;

changed “Director shall” to “Agency

must”; changed “assessment(s) (twice)” to

“assessments”; added “adequate” before

“protection”; changed “potential risk to

human health and the environment” to

“potential risk to human health or the

environment”; changed “Director” to

“Agency”

---

43

Illinois Section

40 C.F.R. Section

Revision(s)

703.189(a)

270.10(l)(1)

Changed “Director concludes” to

“Agency determines”; changed “is

protective” to “adequately protects”

703.189(a)(2)

270.10(l)(1)(ii)

Added “the”

703.189(a)(3)

270.10(l)(1)(iii)

Added “the”; changed “nondioxin” to

hyphenated “non-dioxin”

703.189(a)(4)

270.10(l)(1)(iv)

Added “the”

703.189(a)(5)

270.10(l)(1)(v)

Added “the”

703.189(a)(6)

270.10(l)(1)(vi)

Added “the”

703.189(b)

270.10(l)(2)

Added the explanatory material to

maintain structural consistency

703.189 Board note

Added reference to federal source of the

material

703.191(a)

124.31(a)

Deleted the unnecessary “shall” from

before “also apply”; changed “hazardous

waste management facilities” to singular

“a hazardous waste management facility”;

changed “owners or operators are” to “the

owner or operator is”; added “RCRA”

before “standardized permit”; changed

“permit modifications . . . or applications

that are” to singular “any permit

modification . . . or any application that

is”; changed “under” to “pursuant to”

703.191(b)

124.31(b)

Omitted the unnecessary comma from

before “or to the submission”

703.191(c)

124.31(c)

Omitted the unnecessary comma from

before “or to the submission”; changed

“under” to “pursuant to”

703.205(e)

270.19(e)

Changed “an owner or operator” to “the

owner or operator”

703.208 preamble

270.22 preamble

Changed “an owner or operator” to “the

owner or operator”; changed “your are . . .

and elect” to “the facility is . . . and the

owner or operator elects”; changed “or the

Director” to “or if the Agency”

703.232 preamble

270.66 preamble

Changed “you are . . . and elect” to “the

facility is . . . and the owner or operator

elects”; changed “or the Director” to “or if

the Agency”

---

44

Illinois Section

40 C.F.R. Section

Revision(s)

703.241(a)(3)

270.32(b)(3)

Changed “assessment(s)” to

“assessments”; changed “Administrator or

Director” to “Agency”; moved “in

addition . . .” to immediately follow

“conditions” offset as a parenthetical by

commas; added “or 35 Ill. Adm. Code 724

or 725”; added “adequate” before

“protection”; changed “he shall” to “the

Agency must”

703.260(b)

270.40(b)

Added “Agency” before “approval”;

changed “under” to “pursuant to”

703.272(c)

270.41(b)(3)

Changed “Director” to “Agency”;

changed “owner or operator’s” to

“owner’s or operator’s”; added “RCRA”

before “standardized permit”

703.280(j)(1)

270.42(j)(1)

Changed “40 CFR §§ 63.1200-63.1499”

to Subpart EEE of 40 CFR 63”; changed

“standards under” to “standards of”

703.280(j)(2)

270.42(j)(2)

Changed “facility owners or operators” to

singular “a facility owner or operator”;

changed “Notice of Intent to Comply

(NIC)” to the previously defined

abbreviation “NIC”; changed

“promulgated” to “as added”

703.280(k)

270.42(k)

Changed “part 63” to “federal 40 CFR 63”

703.280(k)(1)

270.42(k)(1)

Changed “you” to “the facility owner or

operator”; changed “section L(10)” to

“paragraph L.10.”; changed “you” to “the

owner or operator”; added “provide the

information . . . of this Section”

703.280(k)(1)(A)

270.42(k)(1)(i)

Added “it must”

703.280(k)(1)(B)

270.42(k)(1)(ii)

Added “it must”

703.280(k)(1)(C)

270.42(k)(1)(iii)

Added “it must”

703.280(k)(1)(D)

270.42(k)(1)(iv)

Added “it must”; changed “Director” to

“Agency” (twice); changed “as his or her”

to “at its”; added “in writing”

703.280(k)(2)

270.42(k)(2)

Added a comma after “to request . . .

performance testing” to offset it as a

parenthetical”; changed “you” to “the

owner or operator”; added “fulfill the

conditions . . . of this Section”

---

45

Illinois Section

40 C.F.R. Section

Revision(s)

703.280(k)(2)(A)

270.42(k)(2)(i)

Added “it must”; changed “your” to “its”;

changed “Director” to “Agency”; changed

“you submit your” to “it submits its”;

changed “Administrator” to “Agency”

703.280(k)(2)(B)

270.42(k)(2)(ii)

Changed “Director” to “Agency”;

corrected the spelling of “continent” to

“contingent”

703.320(c)

270.235(c)

Changed “hazardous waste . . . units that

become” to singular “a hazardous waste

. . . unit that becomes”

703.320(c)(1)

270.235(c)(1)

Added “it may”

703.320(c)(2)

270.235(c)(2)

Added “it may”; changed “director will”

to “Agency must”

703.350 heading

270, subpart J topical

heading

Added “RCRA” before “standardized

permit”; rendered the material under the

topical heading as a single Section

703.350(a)

270.250

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “RCRA standardized

permit”; changed “you” to “the owner or

operator of a facility”; changed “it” to “a

RCRA standardized permit”; changed

“under” to “pursuant to”

703.350(a) Board note

Added reference to federal source of the

material

703.350(b)

270.255 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “eligibility for a

RCRA standardized permit”; added

“RCRA” before “standardized permit”

703.350(b)(1)

270.255(a)

Changed “you” to “the facility owner or

operator”; added “RCRA” before

“standardized permit”; added “the

following conditions are fulfilled

703.350(b)(1)(A)

270.255(a)(1)

Changed “you generate . . . store . . . treat”

to “the facility generates . . . stores . . .

treats”

703.350(b)(1)(B)

270.255(a)(2)

Changed “you receive” to “the facility

receives”; changed “you store . . . treat” to

“the facility stores . . . treats”

---

46

Illinois Section

40 C.F.R. Section

Revision(s)

703.350(b)(1)(C)

270.255(a)(3)

Changed “we will” to “the Agency must”;

changed “you of your . . . your” to “the

facility owner or operator of its . . . its”;

added “for a . . . permit” after

“eligibility”; changed “we make” to “the

Agency makes”

703.350(b)(2)

270.255(b)

Added the explanatory material to

maintain structural consistency

703.350(b)(6)

270.255(f)

Added a comma before “as required” to

offset a parenthetical

703.350(b) Board note

Added reference to federal source of the

material

703.350(c)

270.260 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “permit requirements

applicable to a RCRA standardized

permit”; added “RCRA” before

“standardized permit” (twice); added “the

following conditions are fulfilled;

changed “subparts and sections” to

“provisions”

703.350(c)(1)

270.260(a)

Placed the topical information “general

information” before the provision

information “all provisions derived from

subpart A for 40 CFR 270 apply”; added a

colon followed by a listing of the derived

provisions

703.350(c)(2)

270.260(b)

Placed the topical information “permit

application” before the provision

information “all provisions derived from

40 CFR 270.10, . . . (in subpart B of 40

CFR 270) apply”; added a colon followed

by a listing of the derived provisions

703.350(c)(3)

270.260(c)

Placed the topical information “permit

conditions” before the provision

information “all provisions derived from

subpart C of 40 CFR 270; added a colon

followed by a listing of the derived

provisions

---

47

Illinois Section

40 C.F.R. Section

Revision(s)

703.350(c)(4)

270.260(d)

Placed the topical information “changed

to permit” before the provision

information “all provisions derived from

40 CFR 270.40, . . . (in subpart D or 40

CFR 270) apply; added a colon followed

by a listing of the derived provisions

703.350(c)(5)

270.260(e)

Placed the topical information “expiration

. . . of permits” before the provision

information “all provisions derived from

subpart E of 40 CFR 270 apply; added a

colon followed by a listing of the derived

provisions

703.350(c)(6)

270.260(f)

Placed the topical information “special

forms of permits” before the provision

information “the provision derived from

40 CFR 270.67 (in subpart F of 40 CFR

270) apply; added a colon followed by the

derived provision

703.350(c)(7)

270.260(g)

Placed the topical information “interim

status” before the provision information

“all provisions derived from subpart G of

40 CFR 270 apply; added a colon

followed by a listing of the derived

provisions

703.350(c)(8)

270.260(h)

Placed the topical information “remedial

action plans” before the provision

information “no provisions derived from

subpart H of 40 CFR 270 apply; added a

colon followed by a citation to the derived

Subpart

703.350(c)(9)

270.260(i)

Added “RCRA” before “standardized

permits”; placed the topical information

“RCRA standardized permits” before the

provision information “all provisions

derived from subpart J of 40 CFR 270

apply; added a colon followed by a

citation to the derived Subpart

703.350(c) Board note

Added reference to federal source of the

material

703.351 heading

270, subpart J topical

heading

Added “RCRA” before “standardized

permit”; rendered the material under the

topical heading as a single Section

---

48

Illinois Section

40 C.F.R. Section

Revision(s)

703.351(a)

270.270

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “application

procedure”; changed “you” to “the owner

or operator of a facility may”; added

“RCRA” before “standardized permit”

703.351(a) Board note

Added reference to federal source of the

material

703.351(b)

270.275 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “information

submitted to the Agency to support an

application for a RCRA standardized

permit”; changed “my standardized permit

application” to “an application for a

RCRA standardized permit”; changed

“your standardized permit application” to

“an application for a RCRA standardized

permit”; changed “you” to “the facility

owner or operator”; changed “it” to “the

following information”; changed

“Director” to “Agency”; changed “you

submit your” to “it submits its”; changed

“under” to “pursuant to”

703.351(b)(1)

270.275(a)

Changed the ending period to a semicolon

703.351(b)(2)

270.275(b)

Changed the ending period to a semicolon

703.351(b)(3)

270.275(c)

Changed the ending period to a semicolon

703.351(b)(4)

270.275(d)

Replaced the federal provision with

explanatory material to maintain structural

consistency

703.351(b)(5)

270.275(e)

Changed the ending period to a semicolon

703.351(b)(6)

270.275(f)

Changed the ending period to a semicolon

703.351(b)(7)

270.275(g)

Changed the ending period to a semicolon

703.351(b)(8)

270.275(h)

Changed “under” to “pursuant to” (twice);

changed “you” to “the owner or operator”;

changed the ending period to a semicolon

703.351(b)(9)

270.275(i)

Changed “you manage” to “the owner or

operator manages”; changed the ending

period to a semicolon

703.351(b)(10)

270.275(j)

Changed “you manage” to “the owner or

operator manages”; changed the ending

period to a semicolon

---

49

Illinois Section

40 C.F.R. Section

Revision(s)

703.351(b) Board note

Added reference to federal source of the

material

703.351(c)

270.280 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “certification

requirements”; changed “you . . . your

audit of your” to “the facility owner or

operator . . . an audit of its”; added “the

requirements of” after “with”

703.351(c)(1)

270.280(a)

Changed “your” to “the owner’s or

operator’s”; changed the numbering on

the paragraphs to numbers that are distinct

from normal subsection numbering;

changed the parentheses on the

instructional language to brackets;

changed “include paragraph (a)(1)(i) and

(ii) this section, whichever applies” to

“include here the language of the

applicable of the following two

paragraphs”; changed the ending period to

a semicolon (twice); removed the

unnecessary comma from after the ending

conjunction “and”

703.351(c)(2)

270.280(b)

Changed “you” to “the owner or

operator”; changed “this certification” to

“the above certification”

703.351(c)(3)

270.280(c)

Changed “this certification” to “the

certification”; changed “you conduct of

your” to “the owner or operator conducted

of its”; changed “Director” to “Agency”

703.351(c) Board note

Added reference to federal source of the

material

703.352 heading

270, subpart J topical

heading

Changed “your facility” to “the facility”;

rendered the material under the topical

heading as a single Section

703.352(a)

270.290 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “general types of

information to be maintained at the

facility”; changed “you . . . your” to “the

facility owner or operator . . . its”; added

“RCRA” before “standardized permit”

---

50

Illinois Section

40 C.F.R. Section

Revision(s)

703.352(a)(1)

270.290(a)

Changed the ending period to a semicolon

703.352(a)(2)

270.290(b)

Added “results of” before “chemical and

physical analyses”; added “results of”

before “analyses”; added “that” before

“the owner or operator” for a restrictive

relative clause; changed “you” to “the

owner or operator”; changed “under” to

“pursuant to”; changed the ending period

to a semicolon

703.352(a)(3)

270.290(c)

Changed the ending period to a semicolon

703.352(a)(4)

270.290(d)

Changed the ending period to a semicolon

703.352(a)(5)

270.290(e)

Changed “you” to “the owner or

operator”; changed the ending period to a

semicolon

703.352(a)(6)

270.290(f)

Changed the ending period to a semicolon

703.352(a)(7)

270.290(g)

Changed the ending period to a semicolon

703.352(a)(8)

270.290(h)

Added “accomplish each of the

following”

703.352(a)(8)(A)

270.290(h)(1)

Changed the ending comma to a

semicolon

703.352(a)(8)(B)

270.290(h)(2)

Added “etc.” offset by a comma; changed

the ending comma to a semicolon

703.352(a)(8)(C)

270.290(h)(3)

Changed the ending comma to a

semicolon

703.352(a)(8)(D)

270.290(h)(4)

Changed the ending comma to a

semicolon

703.352(a)(8)(E)

270.290(h)(5)

Changed the ending comma to a

semicolon

703.352(a)(8)(F)

270.290(h)(6)

Changed the ending comma to a

semicolon

703.352(a)(9)

270.290(i)

Changed the ending period to a semicolon

703.352(a)(10)

270.290(j)

Added “the”; changed the ending period

to a semicolon; added “etc.” offset by a

comma

703.352(a)(11)

270.290(k)

Added the explanatory material to

maintain structural consistency

703.352(a)(12)

270.290(l)

Changed “under” to “pursuant to”;

changed the ending period to a semicolon

703.352(a)(13)

270.290(m)

Changed the ending period to a semicolon

703.352(a)(14)

270.290(n)

Added the explanatory material to

maintain structural consistency

703.352(a)(15)

270.290(o)

Changed “under” to “pursuant to” (twice);

changed “you” to “the owner or operator”;

changed the ending period to a semicolon

---

51

Illinois Section

40 C.F.R. Section

Revision(s)

703.352(a)(16)

270.290(p)

Added the explanatory material to

maintain structural consistency

703.352(a)(17)

270.290(q)

Changed “you plan” to “the owner or

operator plans”; changed the ending

period to a semicolon

703.352(a)(18)

270.290(r)

Changed the ending period to a semicolon

703.352(a)(19)

270.290(s)

Changed “your facility” to “the facility”

(three times); changed “you” to “the

owner or operator”; added “each of”

before “the following”

703.352(a)(19)(A)

270.290(s)(1)

Added “the”; changed the ending period

to a semicolon

703.352(a)(19)(B)

270.290(s)(2)

Added “any”; changed the ending period

to a semicolon

703.352(a)(19)(C)

270.290(s)(3)

Added “all”; changed the ending period to

a semicolon

703.352(a)(19)(D)

270.290(s)(4)

Added “the”; changed the ending period

to a semicolon

703.352(a)(19)(E)

270.290(s)(5)

Changed the ending period to a semicolon

703.352(a)(19)(F)

270.290(s)(6)

Added “the”; changed the ending period

to a semicolon

703.352(a)(19)(G)

270.290(s)(7)

Changed “your facility” to “the facility”;

changed the ending period to a semicolon

703.352(a)(19)(H)

270.290(s)(8)

Added “facility”; changed the ending

period to a semicolon

703.352(a)(19)(I)

270.290(s)(9)

Added “all”; changed the ending period to

a semicolon

703.352(a)(19)(J)

270.290(s)(10)

Added “all”; changed “or other structure”

to “and other structures”; changed the

ending period to a semicolon

703.352(a)(19)(K)

270.290(s)(11)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

703.352(a)(19)(L)

270.290(s)(12)

Added “the”; changed “your facility” to

“the facility”; removed the unnecessary

comma from before “where”; moved the

ending period to follow the parenthetical;

changed “Include” to lower-case

“including” and removed the ending

period inside the parenthetical

703.352(a) Board note

Added reference to federal source of the

material

---

52

Illinois Section

40 C.F.R. Section

Revision(s)

703.352(b)

270.300 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “container

information to be maintained at the

facility”; changed “you store or treat . . .

you . . . your” to “the facility owner or

operator stores or treats . . . it . . . its”

703.352(b)(1)(A)

270.300(a)(1)

Added “the”; changed the ending period

to a semicolon

703.352(b)(1)(B)

270.300(a)(2)

Changed the ending period to a semicolon

703.352(b)(1)(C)

270.300(a)(3)

Added “the”; changed the ending period

to a semicolon

703.352(b)(1)(D)

270.300(a)(4)

Added “the”; changed the ending period

to a semicolon; added the ending

conjunction “and”

703.352(b)(1)(E)

270.300(a)(5)

Changed the ending period to a semicolon

703.352(b)(2)

270.290(b)

Added “the following”

703.352(b)(2)(A)

270.300(b)(1)

Added “the”; changed the ending period

to a semicolon; added the ending

conjunction “and”

703.352(b)(2)(B)

270.300(b)(2)

Changed the ending period to a semicolon

703.352(b)(1)(D)

270.300(b)(4)

Added “the”; changed the ending period

to a semicolon; added the ending

conjunction “and”

703.352(b)(3)

270.300(c)

Changed the ending period to a semicolon

703.352(b)(4)

270.300(d)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

703.352(b) Board note

Added reference to federal source of the

material

703.352(c)

270.305 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “tank information to

be maintained at the facility”; changed

“you use . . . you . . . your” to “the facility

owner or operator uses . . . it . . . its”

703.352(c)(1)

270.305(a)

Changed “under” to “pursuant to”;

changed the ending period to a semicolon

703.352(c)(2)

270.305(b)

Added “the”; changed the ending period

to a semicolon

703.352(c)(3)

270.305(c)

Added “a”; changed the ending period to a

semicolon

---

53

Illinois Section

40 C.F.R. Section

Revision(s)

703.352(c)(4)

270.305(d)

Changed the ending period to a semicolon

703.352(c)(5)

270.305(e)

Changed “under” to “pursuant to”;

changed the ending period to a semicolon

703.352(c)(6)

270.305(f)

Changed “system(s)” to “systems”;

changed the ending period to a semicolon

703.352(c)(7)

270.305(g)

Changed the ending period to a semicolon

703.352(c)(8)

270.305(h)

Added the explanatory material to

maintain structural consistency

703.352(c)(9)

270.305(i)

Added “a”; changed the ending period to a

semicolon

703.352(c)(10)

270.305(j)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

703.352(c)(11)

270.305(k)

Added a comma before “as required” to

offset the parenthetical; changed the

ending period to a semicolon

703.352(c) Board note

Added reference to federal source of the

material

703.352(d)

270.310 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “equipment

information to be maintained at the

facility”; changed “your facility . . . you

. . . your” to “the facility . . . the facility

owner or operator . . . its”

703.352(d)(1)

270.310(a)

Added “the following” offset by a comma

703.352(d)(1)(A)

270.310(a)(1)

Added “the”; changed the ending period

to a semicolon

703.352(d)(1)(B)

270.310(a)(2)

Added “the”; changed the ending period

to a semicolon

703.352(d)(1)(C)

270.310(a)(3)

Added “the”; changed the ending period

to a semicolon

703.352(d)(1)(D)

270.310(a)(4)

Added “the”; changed the ending period

to a semicolon

703.352(d)(1)(E)

270.310(a)(5)

Changed “hazardous waste state” to “the

phase of the hazardous waste”; changed

“gas/vapor” to “gas or vapor”; changed

the ending period to a semicolon; added

the ending conjunction “and”

703.352(d)(1)(F)

270.310(a)(6)

Added “the”; changed the ending period

to a semicolon

---

54

Illinois Section

40 C.F.R. Section

Revision(s)

703.352(d)(2)

270.310(b)

Changed “facilities” to singular “a

facility”; changed the ending period to a

semicolon

703.352(d)(3)

270.310(c)

Changed “under” to “pursuant to”;

changed the ending period to a semicolon;

added the ending conjunction “and”

703.352(d)(4)

270.310(d)

Added “which” and offsetting comma for

a non-restrictive relative clause

703.352(d)(4)(A)

270.310(d)(1)

Changed the ending period to a semicolon

703.352(d)(4)(B)

270.310(d)(2)

Changed the ending period to a semicolon

703.352(d)(4)(C)

270.310(d)(3)

Added “APTI” before “Course 415”;

added “USEPA publication number EPA

450/2-81-005”; changed “Director” to

“Agency”; added a comma before “as

specified” to offset the parenthetical;

changed the ending period to a semicolon

703.352(d)(4)(D)

270.310(d)(4)

Changed “you signed and dated

certifying” to “singed and dated by the

facility owner or operator that certifies”;

changed the ending period to a semicolon;

added the ending conjunction “and”

703.352(d)(4)(E)

270.310(d)(5)

Changed “you signed and dated

certifying” to “singed and dated by the

facility owner or operator that certifies”

703.352(d) Board note

Added reference to federal source of the

material

703.352(e)

270.315 preamble

Rendered the federal section as a

subsection; changed the question in the

section heading as an affirmative topical

subsection statement “air emissions

control information to be maintained at

the facility”; changed “you have . . . you

. . . your” to “the facility owner or

operator has. . . it . . . its”

703.352(e)(1)

270.315(a)

Changed “you” to “that the owner or

operator”; changed

“manufacturer/vendor” to “manufacturer

or vendor”; changed “your” to “the

owner’s or operator’s”; changed the

ending period to a semicolon

703.352(e)(2)

270.315(b)

Changed “your” to “the owner’s or

operator’s”; changed the ending period to

a semicolon

---

55

Illinois Section

40 C.F.R. Section

Revision(s)

703.352(e)(3)

270.315(c)

Changed “under” to “pursuant to”;

changed “you . . . you” to “the owner or

operator . . . that you”; changed the

ending period to a semicolon; added the

ending conjunction “and”

703.352(e)(4)

270.315(d)

Added the explanatory material to

maintain structural consistency

703.352(e)(5)

270.315(e)

Changed “under” to “pursuant to”; added

a comma before “as specified” to offset

the parenthetical; changed the ending

period to a semicolon; added the ending

conjunction “and”

703.352(e)(3)

270.315(c)

Changed “40 CFR part 60, appendix A” to

“appendix A to 40 CFR 60” added the

method title “Determination of . . . Leaks”

in parentheses; changed “point(s)” to

“points”; corrected “Monitoring” to

lower-case “monitoring”

703.352(e) Board note

Added reference to federal source of the

material

703.353 heading

270, subpart J topical

heading

Added “RCRA” before “standardized

permit”; rendered the material under the

topical heading as a single Section

703.353

270.320

Changed “you . . . your” to “the facility

owner or operator . . . its”; added “RCRA”

before “standardized permit”

703.353 Board note

Added reference to federal source of the

material

704.108

271.12(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 704

704.108 Board note

Added a reference to the federal source of

the material

705.104

271.12(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 704

705.104 Board note

Added a reference to the federal source of

the material

705.128(c)(1)

124.5(c)(1)

Changed “shall” to “must”; changed

“RCRA standardized permits” to singular

“a RCRA standardized permit”

---

56

Illinois Section

40 C.F.R. Section

Revision(s)

705.Subpart G heading 124, subpart G heading

Changed “procedures” to singular

“procedure”

705.300 heading

124, subpart G topical

heading

Added “RCRA” before “standardized

permit”

705.300(a)

124.200 heading and

preamble

Changed the question section heading into

a topical introductory statement “RCRA

standardized permit”; added “RCRA”

before “standardized permit” (three

times); changed “a” to “the” before

“RCRA standardized permit”; removed

the unnecessary comma from before “that

may”; changed to lower-case “a” before

“uniform portion”; changed “Director” to

“Agency” (twice); added “on a case-by-

case basis” after “issues”; changed “his or

her” to “its”; changed “we formally define

the term . . .” to “the term . . . is defined”

705.300(a)(1)

124.200(a)

Changed the introductory question to a

topical statement “the uniform portion”;

added “RCRA” before “standardized

permit” (three times); changed “unit(s)” to

“units”; changed “your are operating at

your” to “operated at a”; changed “that

EPA has promulgated” to “appear in”;

changed “you intend . . . you” to “an

owner or operator intends . . . it”; changed

“these” to “the”; added “of 35 Ill. Adm.

Code 727

705.300(a)(2)

124.200(b)

Changed the introductory question to a

topical statement “the supplemental

portion”; added “RCRA” before

“standardized permit”; changed

“Director” to “Agency” (twice); changed

“your particular” to “a particular”; added

“adequately” before “protect”; removed

“you” from after “issues”; changed “you”

to “the owner or operator”; changed “site-

specific terms and conditions it imposes”

to “Agency-imposed site-specific terms

and conditions”

705.300(a)(2)(A)

124.200(b)(1)

Changed “under” to “pursuant to”;

changed “will be included” to “must be

included”

---

57

Illinois Section

40 C.F.R. Section

Revision(s)

705.300(a)(2)(B)

124.200(b)(2)

Changed “these” to “the”; changed “your

facility” to “a facility”; added “RCRA”

before “standardized permit”

705.300(a) Board note

Added a reference to the federal source of

the material

705.300(b)

124.201 heading

Added “RCRA” before “standardized

permit”; changed the introductory

question to a topical statement “eligibility

for a RCRA standardized permit”

705.300(b)(1)

124.201(a)

Changed “you” to “a facility owner or

operator”; added “RCRA” before

“standardized permit”; added “it engages

in either of the following”

705.300(b)(1)(A)

124.201(a)(1)

Changed “you generate . . . and then store

or . . . treats” to “it generates . . . and then

stores or . . . treat”

705.300(b)(1)(B)

124.201(a)(2)

Changed “you generate . . . and then store

or . . . treats” to “it generates . . . and then

stores or . . . treat”

705.300(b)(1)(C)

124.201(a)(3)

Changed “Director will” to “Agency

must”; changed “you of your . . . your

permit” to “the owner or operator of its

. . . its permit”

705.300(b)(2)

124.201(b)

Added the explanatory material to

maintain structural consistency

705.300(b) Board note

Added a reference to the federal source of

the material

705.301 heading

124, subpart G topical

heading

Added “RCRA” before “standardized

permit”

705.301(a)

124.202 heading

Added “RCRA” before “standardized

permit”; changed the introductory

question to a topical statement “applying

for a RCRA standardized permit”

705.301(a)(1)

124.202(a)

Changed “you” to “a facility owner or

operator”; added a comma before “as well

as” to offset a parenthetical

705.301(a)(2)

124.202(b)

Changed “you” to “the facility owner or

operator” (twice); changed “Director” to

“Agency”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”

705.301(a) Board note

Added a reference to the federal source of

the material

---

58

Illinois Section

40 C.F.R. Section

Revision(s)

705.301(b)

124.203

Added “RCRA” before “standardized

permit” (four times); changed the question

section heading into a topical introductory

statement “switching from an individual

permit to a RCRA standardized permit”;

changed “you” to “the owner or operator”;

“your individual permit be revoked and

reissued” to “the Agency reissue its

individual permit”; changed “your

individual permit be modified” to “the

Agency modify its individual permit”

705.301(b) Board note

Added a reference to the federal source of

the material

705.302 heading

124, subpart G topical

heading

Added “RCRA” before “standardized

permit”

705.302(a)

124.204 heading

Added “RCRA” before “standardized

permit”; changed the introductory

question to a topical statement “Agency

preparation of a draft RCRA standardized

permit”

705.302(a)(1)

124.204(a)

Changed “you” to “the Agency”

705.302(a)(2)

124.204(b)

Changed “you” to “the Agency”; added

“RCRA” before “standardized permit”

705.302(a)(2)(A)

124.204(b)(1)

Added “RCRA” before “standardized

permit”; changed “you” to “the Agency”

(three times); changed “determine” to

third-person “determines”; added

“adequately” before “protects”; added a

comma after “environment” to offset an

independent clause; added “the terms and

conditions” before “cannot be imposed”

705.302(a)(2)(B)

124.204(b)(2)

Added “RCRA” before “standardized

permit” (twice); changed “you” to “the

Agency”

705.302(a)(2)(B)(i)

124.204(b)(2)(i)

Added “a”; changed “under” to “pursuant

to”

705.302(a)(2)(B)(ii)

124.204(b)(2)(ii)

Changed “under” to “pursuant to”; added

“that” before “is determined” for a

restrictive relative clause

705.302(a)(2)(B)(iii)

124.204(b)(2)(iii)

Added “the”; added “its” for an

independent clause; added “RCRA”

before “standardized permit”

705.302(a)(2)(B)(iv)

124.204(b)(2)(iv)

Added “a”

705.302(a)(2)(B)(v)

124.204(b)(2)(v)

Added “adequate” before “protection”

---

59

Illinois Section

40 C.F.R. Section

Revision(s)

705.302(a)(3)

124.204(c)

Changed “you . . . your” to “the Agency

. . . its”; changed “your” to “the

Agency’s”; changed “under” to “pursuant

to”; added “RCRA” before “standardized

permit” (twice); changed “you are” to “the

Agency is”; changed “you should” to “the

Agency must”; corrected “reasons . . . is”

to “reasons . . . are”

705.302(a)(4)

124.204(d)

Added “RCRA” before “standardized

permit”; changed “your” to “the

Agency’s” (three times)

705.302(a)(4)(A)

124.204(d)(1)

Added the Section heading “Scope and

Applicability” in parentheses; changed

“all paragraphs” to “all subsections”

705.302(a)(4)(B)

124.204(d)(2)

Placed the Section heading “Definitions”

in parentheses; changed “all subsections”

to “all definitions”

705.302(a)(4)(C)

124.204(d)(3)

Added the Section heading “Permit

Application” in parentheses; added the

Section heading “Site Visit” in

parentheses; changed “all paragraphs” to

“all subsections”

705.302(a)(4)(D)

124.204(d)(4)

Changed “all paragraphs” to “all

subsections apply”; omitted language

redirecting attention for public comment

requirements

705.302(a)(4)(E)

124.204(d)(5)

Added the Section heading “Modification

or Reissuance of Permits” in parentheses;

changed “not applicable” to “does not

apply”

705.302(a)(4)(F)

124.204(d)(6)

Omitted “this section”; added “RCRA”

before “standardized permit”

705.302(a)(4)(G)

124.204(d)(7)

Omitted “the entire section”

705.302(a)(4)(H)

124.204(d)(8)

Changed “all paragraphs” to “all

subsections”; omitted language

redirecting attention for public comment

requirements

705.302(a)(4)(I)

124.204(d)(9)

Added “or Notices of Intent to Deny” to

the Section heading; changed “all

paragraphs” to “all subsections”; omitted

language redirecting attention for draft

permit requirements

705.302(a)(4)(J)

124.204(d)(10)

Changed “Only” to lower-case “only”;

changed “apply” to “applies”

---

60

Illinois Section

40 C.F.R. Section

Revision(s)

705.302(a) Board note

Added a reference to the federal source of

the material

705.302(b)

124.205 heading and

preamble

Added “RCRA” before “standardized

permit”; changed the question section

heading into a topical introductory

statement “preparation of a RCRA

standardized permit”; changed “as

Director of the regulatory Agency, you

. . . your” to “the Agency . . . its”

705.302(b)(1)

124.205(a)

Added the Section heading “Scope and

Applicability” in parentheses; changed

“all paragraphs” to “all subsections”

705.302(b)(2)

124.205(b)

Placed the Section heading “Definitions”

in parentheses; changed “all subsections”

to “all definitions”

705.302(b)(3)

124.205(c)

Added the Section heading “Public

Comments and Requests for Public

Hearings” in parentheses

705.302(b)(4)

124.205(d)

Placed the Section heading “Public

Hearings” in parentheses

705.302(b)(5)

124.205(e)

Placed the Section heading “Obligation to

Raise Issues and Provide Information” in

parentheses; changed “the entire section”

to “all subsections”

705.302(b)(6)

124.205(f)

Added the Section heading “Reopening of

the Public Comment Period” in

parentheses; changed “all paragraphs” to

“all subsections”; changed “use reference

to . . . instead of” to “the reference . . . is

. . . instead of” (twice); added

“preparation of a draft permit”; changed

“use reference to . . . instead of” to “the

reference . . . relates to”; added

“reopening or extending the comment

period”; added “the public notice”

705.302(b)(7)

124.205(g)

Added the Section heading “final permit

decision” in parentheses; changed “all

paragraphs” to “all subsections”

705.302(b)(8)

124.205(h)

Placed the Section heading in parentheses,

changed “Stays” to singular “Stays,” and

added “upon Appeal”

705.302(b)(9)

124.205(i)

Placed the Section heading in parentheses

and added “Agency”

---

61

Illinois Section

40 C.F.R. Section

Revision(s)

705.302(b)(10)

124.204(j)

Placed the Section heading in parentheses

and added “or Letters of Denial”; changed

“all paragraphs” to “all subsections”;

changed “use reference to . . . instead of”

to “the reference . . . is . . . instead of”;

added “response to comments”

705.302(b)(11)

124.204(k)

Placed the Section heading in parentheses

and added “Appeal of Agency Permit

Determinations”; changed “all

paragraphs” to “all subsections”

705.302(b)(12)

124.204(l)

Placed the Section heading in parentheses;

changed “all paragraphs” to “all

subsections”

705.302(b) Board note

Added a reference to the federal source of

the material

705.302(c)

124.206 heading

Changed the introductory question to a

topical statement “when a facility owner

or operator must apply for an individual

permit”

705.302(c)(1)

124.206(a)

Changed “cases where you” to “instances

in which the Agency”; added “RCRA”

before “standardized permit”

705.302(c)(1)(D)

124.206(a)(4)

Added “submitted pursuant to Section

705.301(a)(2)” in parentheses

705.302(c)(2)

124.206(b)

Changed “you determine” to “the Agency

determines”; changed “you” to “the

Agency”; changed “you” to “it”

705.302(c)(3)

124.206(c)

Changed “you” to “the Agency” (three

times); added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”; changed “cases where”

to “instances in which”

705.302(c)(3)(B)

124.206(c)(2)

Added “RCRA” before “standardized

permit” (twice)

705.302(c)(4)

124.206(d)

Changed “you” to “the Agency” (three

times); added “RCRA” before

“standardized permit” (twice); changed

“have” to third-person “have”

705.302(c)(5)

124.206(e)

Changed “you issue” to “the Agency

issues”; added “RCRA” before

“standardized permit”

705.302(c) Board note

Added a reference to the federal source of

the material; added explanation of right to

appeal

---

62

Illinois Section

40 C.F.R. Section

Revision(s)

705.303 heading

124, subpart G topical

heading

Changed “involvement” to

“participation”; added “RCRA” before

“standardized permit”

705.303(a)

124.207 heading

Changed the introductory question to a

topical statement “requirements for public

notices”

705.303(a)(1)

124.204(a)

Changed “you” to “the Agency” (twice);

changed “your” to “its”; added “the

following persons”

705.303(a)(1)(B)

124.204(a)(2)

Changed “which” to “that” for a

restrictive relative clause; changed “you

know” to “the Agency knows”; changed

“EPA” to “USEPA”

705.303(a)(1)(C)

124.204(a)(3)

Changed “State Historic Preservation

Officers” to “Illinois Historic Preservation

Agency”

705.303(a)(2)

124.204(b)

Changed “you” to “the Agency”

705.303(a)(2)(B)

124.204(b)(2)

Omitted “when the program is being

administered by an approved State”

705.303(a)(3)

124.204(c)

Changed “you” to “the Agency”

705.303(a)(2)(D)

124.204(b)(4)

Added “RCRA” before “standardized

permit”

705.303(a)(4)

124.204(d)

Changed “you issue . . . you” to “the

Agency issues . . . it”; changed “under” to

“pursuant to”; added “RCRA” before

“standardized permit”; changed “your

office” to “the local Agency office”

705.303(a) Board note

Added a reference to the federal source of

the material

705.303(b)

124.208 heading

Changed the introductory question to a

topical statement “opportunities for public

comment and hearing on a draft permit

decision”

705.303(b)(1)

124.208(a)

Changed “you issue” to “the Agency

issues”; changed “under” to “pursuant to”

(twice); changed “people” to “interested

persons”; changed “your” to “its”;

changed “you” to “the Agency”

---

63

Illinois Section

40 C.F.R. Section

Revision(s)

705.303(b)(2)

124.208(b)

Changed “if any person wants to request a

public hearing, they” to “any request for a

public hearing”; changed “in writing to

you” to “to the Agency in writing”;

changed “their request” to “the request for

a public hearing”; changed “they propose”

to “that the requestor proposes”

705.303(b)(3)

124.208(c)

Changed “you” to “the Agency” (twice);

changed “you receive” to “it receives”;

added “RCRA” before “standardized

permit”; added “public” before “hearing”;

changed “under” to “pursuant to”;

changed “your” to “its”

705.303(b)(4)

124.208(d)

Changed “you” to “the Agency” (four

times); changed “under” to “pursuant to”;

changed “you receive” to “it receives”

705.303(b)(5)

124.208(e)

Changed “you” to “the Agency”

705.303(b)(6)

124.208(f)

Changed “parties” to “persons”; added

“RCRA” before “standardized permit”;

added “by the Agency” after “proposed”

705.303(b) Board note

Added a reference to the federal source of

the material

705.303(c)

124.209 heading

Changed the introductory question to a

topical statement “requirements for

responding to comments”

705.303(c)(1)

124.209(a)

Changed “you issue” to “the Agency

issues”; added “RCRA” before

“standardized permit”; changed “you” to

“it”; changed “your” to “the Agency’s”;

added “do each of the following”

705.303(c)(1)(A)

124.209(a)(1)

Added “it must”; changed “you” to “the

Agency”; changed “the change” to “each

change”

705.303(c)(1)(B)

124.209(a)(2)

Added “it must”; added “all significant

comments” before “on any additional

conditions”; added “that are” before

“raised”

705.303(c)(1)(C)

124.209(a)(3)

Added “it must”

705.303(c)(2)

124.209(b)

Changed “you” to “the Agency”; changed

“you need” to “it needs”; changed “you”

to “it”; added “that” before “it may” for a

restrictive relative clause; added “RCRA”

before “standardized permit”

---

64

Illinois Section

40 C.F.R. Section

Revision(s)

705.303(c)(3)

124.209(c)

Changed “you” to “the Agency” (twice);

changed “your” to “its” (twice)

705.303(c) Board note

Added a reference to the federal source of

the material

705.303(d)

124.209 heading and text

Changed the introductory question to a

topical statement “appeal of a final RCRA

standardized permit by an interested party

in the permit process”; changed “you” to

“any interested party”; added “the Board”

after “petition”; changed “Director’s” to

“Agency’s”; changed “his or her” to “the

Agency’s”; added “RCRA” before

“standardized permit” (twice); changed

“under” to “pursuant to”

705.303(d) Board note

Added a reference to the federal source of

the material

705.304 heading

124, subpart G topical

heading

Added “RCRA” before “standardized

permit”

705.304(a)

124.211 heading and

preamble

Changed the introductory question to a

topical statement “permissible types of

changes an owner or operator may make

to its RCRA standardized permit”;

changed “you” to “a facility owner or

operator”; changed “both routine changes,

routine changes with prior Agency

approval, and significant changes” to “a

routine change, a routine change with

prior Agency approval, or a significant

change”; added “the following definitions

apply”

705.304(a) “routine

change”

124.211(a)

Changed “changes are any changes . . .

that qualify” to singular “change is any

change . . . that qualifies”; added “RCRA”

before “standardized permit”; changed

“class 1” to capitalized “Class 1”;

changed “under” to “pursuant to”

705.304(a) “routine

change with prior

Agency approval”

124.211(a)

Changed “changes . . . are for those

changes” to singular “change . . . is a

change”; added “RCRA” before

“standardized permit”; changed “class 2”

to capitalized “Class 2”; changed “under”

to “pursuant to”

---

65

Illinois Section

40 C.F.R. Section

Revision(s)

705.304(a) “significant

change”

124.211(a)

Changed “changes are any changes . . .

that fall” to singular “change is any

change . . . that falls”; added “RCRA”

before “standardized permit” (twice);

added “into one of the following

categories”; changed “qualify” to “it

qualifies”; changed “class 3” to

capitalized “Class 3”; changed “under” to

“pursuant to”; changed “amend” to “it

amends”; changed “your” to “the”

705.304(a) Board note

Added a reference to the federal source of

the material

705.304(b)

124.212 heading

Changed the introductory question to a

topical statement “procedures to make

routine changes”

705.304(b)(1)

124.212(a)

Changed “you” to “an owner or operator”;

added “RCRA” before “standardized

permit” (twice); changed “Director” to

“Agency”; changed “you” to “the owner

or operator”; changed “you” to “it”; added

“to the Agency” after “submitted”;

changed “under” to “pursuant to”;

changed “your” to “its”

705.304(b)(2)

124.212(b)

Changed “you make” to “that the owner

or operator makes” (twice); changed

“you” to “it” (twice); changed “your” to

“its”; changed “under” to “pursuant to”;

added “RCRA” before “standardized

permit”; added “do both of the following”

705.304(b)(2)(A)

124.212(b)(1)

Added “it must”; changed “Director” to

“Agency”

705.304(b)(2)(B)

124.212(b)(2)

Added “it must”; changed “state” to

capitalized “State”

705.304(b) Board note

Added a reference to the federal source of

the material

705.304(c)

124.213 heading

Changed the introductory question to a

topical statement “procedures for routine

changes with prior Agency approval”

705.304(c)(1)

124.213(a)

Added “RCRA” before “standardized

permit”; removed the unnecessary “with

prior Agency approval” from before

“may”; changed “Director” to “Agency”

705.304(c)(2)

124.213(b)

Changed “you” to “the owner or operator”

---

66

Illinois Section

40 C.F.R. Section

Revision(s)

705.304(c) Board note

Added a reference to the federal source of

the material

705.304(d)

124.214 heading

Changed the introductory question to a

topical statement “procedures the owner

or operator must follow to make

significant changes”

705.304(d)(1)

124.214(a)

Changed “you” to “the owner or operator”

705.304(d)(1)(A)

124.214(a)(1)

Changed “you” to “the owner or operator”

(twice); changed “your” to “its”

705.304(d)(1)(B)

124.214(a)(2)

Changed “you plan” to “the owner or

operator plans”; changed “you” to “it”

705.304(d)(2)

124.214(b)

Changed “you” to “the owner or

operator”; changed “Director” to

“Agency”; added “provides the following

information”

705.304(d)(2)(A)

124.214(b)(1)

Changed “describes” to “it must

describe”; changed “change(s)” to

“changes”; changed “you want” to “the

owner or operator wants”; changed “they

are changes” to “the changes are”;

changed “you provided” to “that the

owner or operator provided”; changed

“under” to “pursuant to”; changed “your”

to “its”; added “RCRA” before

“standardized permit”

705.304(d)(2)(B)

124.214(b)(2)

Added “it must”

705.304(d)(2)(C)

124.214(b)(3)

Changed “includes” to “it must include”;

changed “under” to “held pursuant to”

705.304(d)(3)

124.214(c)

Changed “Director” to “Agency”;

changed “your” to “and owner’s or

operator’s”; changed “you” to “it”;

changed “your request” to “the request”;

changed “you are allowed” to “the

Agency is allowed”; changed “you” to

“the Agency”

705.304(d)(4)

124.214(d)

Changed “Director” to “Agency”;

changed “your” to “its”; added “RCRA”

before “standardized permit”

705.304(d) Board note

Added a reference to the federal source of

the material

720.104

3, 145.11(a)(33),

271.10(b), 271.11(b), and

271.12(h)

Incorporated the federal requirements

generally for the purposes of the UIC and

RCRA Subtitle C programs

---

67

Illinois Section

40 C.F.R. Section

Revision(s)

720.104

3, 145.11(a)(33),

271.10(b), 271.11(b), and

271.12(h)

Loosely and generally incorporated the

federal requirements for the purposes of

the UIC and RCRA Subtitle C programs

720.104(a)

3.1(a)

Loosely and generally incorporated the

federal requirements for the purposes of

the UIC and RCRA Subtitle C programs

720.104(a)(1)

3.2 and 3.1000(a)

Loosely and generally incorporated the

federal requirements for the purposes of

the UIC and RCRA Subtitle C programs

720.104(a)(2)(A)

3.2(a) and 3.10

Loosely and generally incorporated the

federal requirements for the purposes of

the UIC and RCRA Subtitle C programs

720.104(a)(2)(B)

3.2(b) and 3.1000

Loosely and generally incorporated the

federal requirements for the purposes of

the UIC and RCRA Subtitle C programs

720.104(a)(3)

3.1(b)

Added “any of the following documents

. . . in subsection (a)(1) of this Section”

720.104(a)(3)(A)

3.1(b)(1)

Changed “documents” to singular “any

document”; omitted the ending

conjunction “or”

720.104(a)(3)(B)

3.1(b)(2)

Changed “documents” to singular “any

document”; changed the ending period to

a semicolon and added the ending

conjunction “or”

720.104(a)(3)(C)

3.1(c)

Changed “EPA” to “USEPA”; changed

the conjunction “and” to a comma after

“USEPA”; changed “states, tribes, or

local governments” to singular “any state,

or any local government”; changed

“states, tribes, or local governments” to

“the parties to the transfer”

720.104(a)(4)

3.20

Loosely and generally incorporated the

federal notice requirements for the

purposes of the UIC and RCRA Subtitle C

programs

720.104(a) Board note

Added a reference to the federal source of

the material

720.104(b)

3.3

Incorporated the federal definitions by

reference

720.104(c)

3.10

Loosely and generally incorporated the

federal notice requirements for the

purposes of the UIC and RCRA Subtitle C

programs

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68

Illinois Section

40 C.F.R. Section

Revision(s)

720.104(d)

3.2(b) and (c) and

3.1000(a)

Loosely and generally incorporated the

federal notice requirements for the

purposes of the UIC and RCRA Subtitle C

programs

720.104(d)(1)

3.2(b) and (c) and

3.1000(a)

Loosely and generally incorporated the

federal notice requirements for the

purposes of the UIC and RCRA Subtitle C

programs

720.104(d)(2)

3.2(b)

Loosely and generally incorporated the

federal notice requirements for the

purposes of the UIC and RCRA Subtitle C

programs

720.104(e)

Added the topical subsection statement

“effects of submission of an electronic

document”

720.104(e)(2)

3.4(b) and 3.2000(c)(1)

Changed “a person is subject to . . . if the

person fails to comply with the applicable

provisions for electronic reporting” to “if

a person who submits . . . fails to comply

with the requirements of this Section, that

person is subject to . . .”; changed “any

appropriate civil, criminal penalties or

other remedies under state, tribe, or local

law” to “the penalties prescribed”;

changed “a requirement” to “the

requirement that the electronic document

was intended to satisfy”

720.104(e)(3)

3.4(c) and 3.2000(c)(2)

Changed “an electronic document

submitted to satisfy a . . . requirement” to

“a document submitted as an electronic

document to satisfy a reporting

requirement”; changed “signatory” to

“signer” (twice); omitted the unnecessary

comma from before “to the same extent”

720.104(e) Board note

Added a reference to the federal source of

the material

720.104(f)

3.1(c) second sentence

Changed “this part creates no” to “nothing

in this Section or in any provisions

adopted . . . will create any”; changed

“data electronically and does not obligate

. . . accept electronic documents” to “any

document as an electronic document”

720.104 Board note

Added a reference to the federal source of

the material

---

69

Illinois Section

40 C.F.R. Section

Revision(s)

720.111 preamble

260.11 preamble

Retained references to “35 Ill. Adm. Code

702 through 705” of the permit rules

720.111(a) “NFPA”

260.11(a)(10)

Added a reference to “727.290” (as it

corresponds with the citation in 40 C.F.R.

267.203(b))

721.101(e)

271.10(b), 271.11(b), and

271.12(h)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 721

721.101(e) Board note

Added a reference to the federal source of

the material

721.103(a)(2)(D)(i)

261.3(a)(2)(iv)(A)

Changed “OR” to lower-case “or”;

changed “facilities subject to” to singular

“a facility that is” (twice); added “federal”

before “Clean Air Act”; omitted “as

amended” and its offsetting commas;

added “new source review or national

emission standards for hazardous air

pollutants” before “40 CFR 60, 61, or 63”;

changed “facilities that choose . . . their”

to “a facility that chooses . . . its”;

changed “Regional Administrator, . . . as

defined in 40 CFR 270.2)” to “Agency”;

changed “Director” to “Agency” (five

times); changed “may” to “must”;

changed “he/she” to “it”; changed “finds”

to “determines” (twice); omitted the

unnecessary comma before and semicolon

after “the sampling . . . above

information”; added “that” before “the

plan” for a restrictive relative clause;

added a comma before “or if the Agency”

for an independent clause; changed

“shall” to “must”

721.103(a)(2)(D)(ii)

261.3(a)(2)(iv)(A)

Changed “OR” to lower-case “or”;

changed “facilities subject to” to singular

“a facility that is” (twice); added “federal”

before “Clean Air Act”; omitted “as

amended” and its offsetting commas;

added “new source review or national

emission standards for hazardous air

pollutants” before “40 CFR 60, 61, or 63”;

changed “facilities that choose . . . their”

to “a facility that chooses . . . its”;

---

70

Illinois Section

40 C.F.R. Section

Revision(s)

changed “Regional Administrator, . . . as

defined in 40 CFR 270.2)” to “Agency”;

changed “Director” to “Agency” (five

times); changed “may” to “must”;

changed “he/she” to “it”; changed “finds”

to “determines” (twice); omitted the

unnecessary comma before and semicolon

after “the sampling . . . above

information”; added “that” before “the

plan” for a restrictive relative clause;

added a comma before “or if the Agency

finds” for an independent clause; changed

“shall” to “must”

721.103(a)(2)(D)(iv)

261.3(a)(2)(iv)(D)

Rendered “40 CFR 261.31 through

261.33” as “35 Ill. Adm. Code 721.131,

721.132, or 721.133”; refrained from

changing “de minimis” to italics (four

times); changed “wastes” to singular “a

waste”; rendered “40 CFR 261.31 through

261.32” as “35 Ill. Adm. Code 721.131

and 721.132”; added “federal” before

“Clean Water Act”; added the statutory

citation “33 USC 1251 et seq.” in

parentheses; changed “permit application

or submission to the pretreatment control

authority” to “permit application or

wastewater pretreatment submission to the

Agency or the wastewater pretreatment

Control Authority”; added “pursuant to 35

Ill. Adm. Code 307”; added “of” before

“the constituents”; moved the closing

parenthesis mark to follow “of this Part”;

changed to lower-case “land disposal

restriction”; changed “permit writer” to

“Agency”; changed to capitalized

“Control Authority”; changed

“pretreatment control authority

submission” to “wastewater pretreatment

submission”; changed “Clean Water” to

“Clean Water Act”; changed “submission

to the control authority” to “wastewater

pretreatment submission”

721.103(a)(2)(D)(vi)

261.3(a)(2)(iv)(F)

Changed “OR” to lower-case “or”;

changed “facilities subject to” to singular

“a facility that is” (twice); added “federal”

---

71

Illinois Section

40 C.F.R. Section

Revision(s)

before “Clean Air Act”; omitted “as

amended” and its offsetting commas;

added “new source review or national

emission standards for hazardous air

pollutants” before “40 CFR 60, 61, or 63”;

changed “facilities that choose . . . their”

to “a facility that chooses . . . its”;

changed “Regional Administrator, . . . as

defined in 40 CFR 270.2)” to “Agency”;

changed “Director” to “Agency” (five

times); changed “may” to “must”;

changed “he/she” to “it”; changed “finds”

to “determines” (twice); omitted the

unnecessary comma before and semicolon

after “the sampling . . . above

information”; added “that” before “the

plan” for a restrictive relative clause;

added a comma before “or if the Agency

finds” for an independent clause; changed

“shall” to “must”

---

72

Illinois Section

40 C.F.R. Section

Revision(s)

721.103(a)(2)(D)(vii)

261.3(a)(2)(iv)(G)

Retained singular “it is wastewater

derived from” in place of “wastewaters

derived-from”; changed “OR” to lower-

case “or”; changed “facilities subject to”

to singular “a facility that is” (twice);

added “federal” before “Clean Air Act”;

omitted “as amended” and its offsetting

commas; added “new source review or

national emission standards for hazardous

air pollutants” before “40 CFR 60, 61, or

63”; omitted the unnecessary comma from

after “emissions)”; changed “facilities that

choose . . . their” to “a facility that

chooses . . . its”; changed “Regional

Administrator, . . . as defined in 40 CFR

270.2)” to “Agency”; changed “Director”

to “Agency” (five times); changed “may”

to “must”; changed “he/she” to “it”;

changed “finds” to “determines” (twice);

omitted the unnecessary comma before

and semicolon after “the sampling . . .

above information”; added “that” before

“the plan” for a restrictive relative clause;

added a comma before “or if the Agency

finds” for an independent clause; changed

“shall” to “must”

722.113

271.10(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 722

722.113 Board note

Added a reference to the federal source of

the material

723.113

271.11(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 723

723.113 Board note

Added a reference to the federal source of

the material

724.104

271.12(h)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 724

724.104 Board note

Added a reference to the federal source of

the material

---

73

Illinois Section

40 C.F.R. Section

Revision(s)

724.440(b)(1)

264.340(b)(1)

Changed “becomes” to past-tense

“became”

725.102

271.12(h)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 725

725.102 Board note

Added a reference to the federal source of

the material

726.102

270.10(b), 270.11(b), and

271.12(h)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 725

726.102 Board note

Added a reference to the federal source of

the material

726.200(b)(3)

266.100(b)(3)

Changed “if you own . . . and you elect

not” to “the owner or operator of . . . that

has not elected”; changed “standards

under” to “standards of”; changed “you

also remain”; to “also remains”; added

“the following requirements of this Part”

726.200(b)(3)(A)

266.100(b)(3)(i)

Changed “particulate matter” to the

abbreviation “PM”; capitalized the

Section title “Standards to Control PM”

and placed it in parentheses

726.200(b)(3)(B)

266.100(b)(3)(ii)

Capitalized the Section title “Standards to

Control Metals Emissions” and placed it

in parentheses

726.200(b)(3)(C)

266.100(b)(3)(iii)

Changed “hydrogen chloride” to the

abbreviation “HCl”; capitalized the

Section title “Standards to Control HCl

and Chlorine Gas” and placed it in

parentheses

726.200(b)(4)

266.100(b)(3)(iv)

Changed “boilers that elect” to singular “a

boiler that elects”

727 table of contents,

Part heading

267 part heading

Added “RCRA” before “standardized

permit”

727.100 heading

267, subpart A heading

Used the federal subpart heading as a

Section heading

727.100(a)

267.1 heading

Changed the question section heading into

a topical introductory statement “purpose,

scope, and applicability”

---

74

Illinois Section

40 C.F.R. Section

Revision(s)

727.100(a)(1)

267.1(a)

Changed “which” to “that” for a

restrictive relative clause; added “RCRA”

before “standardized permit”; changed

“under” to “issued pursuant to”

727.100(a)(2)

267.1(b)

Changed “which” to “that” for a

restrictive relative clause; added “RCRA”

before “standardized permit”; changed

“under” to “issued pursuant to”

727.100(a) Board note

Added a reference to the federal source of

the material

727.100(b)

267.2 heading and text

Changed the question section heading into

a topical introductory statement

“relationship to interim status standards”;

changed “if you are a facility owner or

operator who” to “a facility owner or

operator that”; added “federal” before

“RCRA”; changed “under” to “pursuant

to”; added “RCRA” before “standardized

permit”; changed “under” to “in”

727.100(b) Board note

Added a reference to the federal source of

the material

727.100(c)

267.3 heading and text

Changed the question section heading into

a topical introductory statement “effect on

a federal imminent hazard action”;

changed “if you are a facility owner or

operator who” to “a facility owner or

operator that”; added “federal” before

“RCRA”; changed “under” to “pursuant

to”; added “RCRA” before “standardized

permit”; changed “under” to “in”

727.100(c) Board note

Added a reference to the federal source of

the material

727.100(d)

271.12(b)

Added a cross-reference to the provision

incorporating federal electronic document

filing requirements of 40 C.F.R. 3 into

Part 704

727.100(d) Board note

Added a reference to the federal source of

the material

727.110 heading

267, subpart B heading

Used the federal subpart heading as a

Section heading

---

75

Illinois Section

40 C.F.R. Section

Revision(s)

727.110(a)

267.10 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”

727.110(a) Board note

Added a reference to the federal source of

the material

727.110(b)

267.11 heading and text

Changed the question section heading into

a topical introductory statement

“compliance with this Section”; changed

“you” to “the facility owner or operator”;

changed “an identification number” to “a

USEPA identification number”; changed

“below” to “of this Part”

727.110(b) Board note

Added a reference to the federal source of

the material

727.110(c)

267.12 heading and text

Changed the question section heading into

a topical introductory statement

“obtaining a USEPA identification

number”; changed “you” to “the facility

owner or operator”; changed “EPA” to

“USEPA” (three times); changed “your

state hazardous waste regulatory agency”

to “the Agency”; changed “your EPA

regional office” to “USEPA Regions 5”

727.110(c) Board note

Added a reference to the federal source of

the material

727.110(d)

267.13 heading

Changed the question section heading into

a topical introductory statement “waste

analysis requirements”

727.110(d)(1)

267.13(a)

Changed “you treat or store” to “it treats

or stores”; changed “you” to “the facility

owner or operator”

727.110(d)(1)(A)

267.13(a)(1)

Changed “you” to “the facility owner or

operator”; changed “under” to “pursuant

to”; changed “and published or

documented data on the hazardous waste”

to “or data published or documented on

the hazardous waste”

727.110(d)(1)(B)

267.13(a)(2)

Changed “you” to “the facility owner or

operator”; changed “you” to “the owner or

operator”

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76

Illinois Section

40 C.F.R. Section

Revision(s)

727.110(d)(2)

267.13(b)

Changed “you” to “the facility owner or

operator”; changed “you” to “it”; changed

“you” to “the owner or operator” (twice);

changed “you receive . . . and are” to “the

owner or operator receives . . . and is”;

removed the unnecessary comma from

before “and is eligible”; added “RCRA”

before “standardized permit”

727.110(d)(2)(A)

267.13(b)(1)

Changed “you” to “the owner or operator”

727.110(d)(2)(B)

267.13(b)(2)

Changed “you” to “the owner or operator”

727.110(d)(2)(C)

267.13(b)(3)

Changed “you” to “the owner or operator”

(twice); added “of the following methods”

727.110(d)(2)(D)

267.13(b)(4)

Changed “you” to “the owner or operator”

727.110(d)(2)(E)

267.13(b)(5)

Changed “you” to “the owner or

operator”; added a comma before “as

specified” to offset the parenthetical

727.110(d) Board note

Added a reference to the federal source of

the material

727.110(e)

267.14 heading

Changed the question section heading into

a topical introductory statement “security

requirements”

727.110(e)(1)

267.14(a)

Changed “you . . . your” to “the facility

owner or operator . . . its”

727.110(e)(2)

267.14(b)

Changed “your facility” to “the facility”;

added “either of the features listed in

subsection (e)(2)(A) of this Section or

those listed in subsections (e)(2)(B) and

(e)(2)(C) of this Section”

727.110(e)(3)

267.14(c)

Changed “you” to “the facility owner or

operator”; omitted “in counties bordering

the Canadian province of Quebec must

post signs in”; changed “and” to “or”;

omitted “in counties bordering Mexico

must post signs in”; omitted the

unnecessary comma before “and entry”;

omitted “that” from before “entry”

727.110(e) Board note

Added a reference to the federal source of

the material

727.110(f)

267.15 heading

Changed the question section heading into

a topical introductory statement “general

inspection requirements”

727.110(f)(1)

267.15(a)

Changed “you . . . your” to “the owner or

operator . . . its”; added “either of the

following conditions”

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77

Illinois Section

40 C.F.R. Section

Revision(s)

727.110(f)(1)(A)

267.15(a)(1)

Added “a”

727.110(f)(1)(B)

267.15(a)(2)

Changed “you” to “the owner or operator”

727.110(f)(2)

267.15(b)

Changed “you” to “the facility owner or

operator”

727.110(f)(2)(A)

267.15(b)(1)

Changed “you” to “the owner or operator”

727.110(f)(2)(B)

267.15(b)(2)

Added “that” before “the owner or

operator” for a restrictive relative clause;

changed “you . . . you look” to “the owner

or operator . . . you will look”

727.110(f)(2)(C)

267.15(b)(3)

Changed “your” to “the owner’s or

operator’s”

727.110(f)(3)

267.15(c)

Changed “you” to “the facility owner or

operator”; changed “you” to “the owner or

operator”; changed “take remedial action

immediately” to “take immediate remedial

action”

727.110(f)(4)

267.15(d)

Changed “you” to “the facility owner or

operator”; changed “you” to “the owner or

operator” (twice)

727.110(f) Board note

Added a reference to the federal source of

the material

727.110(g)

267.16 heading

Changed the question section heading into

a topical introductory statement

“employee training”

727.110(g)(1)

267.16(a)

Changed “your facility personnel” to

“facility personnel”; changed “under” to

“pursuant to”

727.110(g)(1)(B)(i)

267.16(a)(2)(i)

Added the missing ending period

727.110(g)(2)

267.16(b)

Removed the unnecessary comma from

before “or to a new position”; changed

“your” to “the owner’s or operator’s”;

added “RCRA” before “standardized

permit”

727.110(g)(4)

267.16(d)

Changed “you . . . your” to “the facility

owner or operator . . . its”

727.110(g)(4)(B)

267.16(d)(2)

Changed “under” to “pursuant to”

727.110(g)(4)(C)

267.16(d)(3)

Changed “under” to “pursuant to”

727.110(g)(4)(D)

267.16(d)(4)

Changed “under” to “pursuant to”

727.110(g)(5)

267.16(d)

Changed “you . . . your” to “the facility

owner or operator . . . its”; changed “you

. . . your” to “the owner or operator . . .

its”

727.110(g) Board note

Added a reference to the federal source of

the material

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78

Illinois Section

40 C.F.R. Section

Revision(s)

727.110(h)

267.17 heading

Changed the question section heading into

a topical introductory statement

“requirements for managing ignitable,

reactive, or incompatible wastes”

727.110(h)(1)

267.17(a)

Changed “you” to “the facility owner or

operator”

727.110(h)(1)(A)

267.17(a)(1)

Changed “you” to “the owner or

operator”; removed the unnecessary colon

after “such as”

727.110(h)(1)(B)

267.17(a)(2)

Changed “you” to “the owner or

operator”; removed the unnecessary colon

after “such as”

727.110(h)(2)

267.17(b)

Changed “you treat or store . . . or mix” to

“it treats or stores . . . or mixes”; changed

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

“do the following”

727.110(h)(3)

267.17(c)

Changed “you” to “the facility owner or

operator”; changed “you” to “the owner or

operator”

727.110(h) Board note

Added a reference to the federal source of

the material

727.110(i)

267.18 heading

Changed the question section heading into

a topical introductory statement “facility

location standards”

727.110(i)(1)

267.18(a)

Changed “you” to “the facility owner or

operator”; changed “portions of new

facilities” to “any portion for a new

facility”

727.110(i)(1)(C)

Board note

267.18 note to paragraph

(a)(3)

Changed “procedures for demonstrating

compliance with this standard are

specified in” to “under the note to

corresponding 40 CFR 267.18(a)(3) and”;

changed the period after “40 CFR

270.14(b)(11)” to a comma; changed

“facilities which are . . . are” to “a facility

that is . . . is”; added the statement “No

are of Illinois . . . 40 CFR 264.”

727.110(i)(2)

267.18(b)

Changed “your” to “an owner’s or

operator’s”; changed “in” to “within”

727.110(i) Board note

Added a reference to the federal source of

the material

727.130 heading

267, subpart C heading

Used the federal subpart heading as a

Section heading

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79

Illinois Section

40 C.F.R. Section

Revision(s)

727.130(a)

267.30 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”

727.130(a) Board note

Added a reference to the federal source of

the material

727.130(b)

267.31 heading and text

Changed the question section heading into

a topical introductory statement “general

facility design and operation standards”;

changed “you . . . your” to “the facility

owner or operator . . . its”

727.130(b) Board note

Added a reference to the federal source of

the material

727.130(c)

267.32 heading and

preamble

Changed the question section heading into

a topical introductory statement “required

facility equipment”; changed “your

facility” to “a facility”

727.130(c)(1)

267.32(a)

Changed the ending period to a semicolon

727.130(c)(2)

267.32(b)

Changed the ending period to a semicolon

727.130(c)(3)

267.32(c)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.130(c) Board note

Added a reference to the federal source of

the material

727.130(d)

267.33 heading and text

Changed the question section heading into

a topical introductory statement

“equipment testing and maintenance

requirements”; changed “you” to “the

facility owner or operator”

727.130(d) Board note

Added a reference to the federal source of

the material

727.130(e)

267.34 heading

Changed the question section heading into

a topical introductory statement “facility

personnel access to communication

equipment or an alarm system”

727.130(e)(1)

267.34(a)

Changed “under” to “pursuant to”

727.130(e)(2)

267.34(b)

Added “communication” before “device”;

changed “unless not” to “unless the device

is not”; changed “under” to “pursuant to”

727.130(e) Board note

Added a reference to the federal source of

the material

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80

Illinois Section

40 C.F.R. Section

Revision(s)

727.130(f)

267.35 heading and text

Changed the question section heading into

a topical introductory statement “ensuring

access for personnel and equipment

during emergencies”; changed “you” to

“the facility owner or operator”

727.130(f) Board note

Added a reference to the federal source of

the material

727.130(g)

267.36 heading

Changed the question section heading into

a topical introductory statement required

emergency arrangements with local

authorities”

727.130(g)(1)

267.36(a)

Changed “you . . . your” to “the facility

owner or operator . . . its”

727.130(g)(1)(A)

267.36(a)(1)

Changed the ending period to a semicolon

727.130(g)(1)(B)

267.36(a)(1)

Changed the ending period to a semicolon

727.130(g)(1)(C)

267.36(a)(1)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.130(g)(2)

267.36(b)

Changed “you” to “the facility owner or

operator”

727.130(g) Board note

Added a reference to the federal source of

the material

727.150 heading

267, subpart D heading

Used the federal subpart heading as a

Section heading

727.150(a)

267.50 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”

727.150(a) Board note

Added a reference to the federal source of

the material

727.150(b)

267.51 heading

Changed the question section heading into

a topical introductory statement “the

purpose and use of the contingency plan”

727.150(b)(1)

267.51(a)

Changed “you . . . your” to “the facility

owner or operator . . . its”; changed “you”

to “the facility owner or operator”

727.150(b)(2)

267.51(b)

Changed “you” to “the facility owner or

operator”

727.150(b) Board note

Added a reference to the federal source of

the material

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81

Illinois Section

40 C.F.R. Section

Revision(s)

727.150(c)

267.52 heading

Changed the question section heading into

a topical introductory statement “contents

of the contingency plan”

727.150(c)(1)

267.52(a)

Changed “your” to “the facility”; added

“include the following information”

727.150(c)(1)(A)

267.52(a)(1)

Added “it must”; changed the ending

period to a semicolon

727.150(c)(1)(B)

267.52(a)(2)

Added “it must”; changed “under” to

“pursuant to”; changed the ending period

to a semicolon

727.150(c)(1)(C)

267.52(a)(3)

Added “it must”; changed the ending

period to a semicolon

727.150(c)(1)(D)

267.52(a)(4)

Added “it must”; changed “you” to “the

facility owner or operator”; changed the

ending period to a semicolon; added the

ending conjunction “and”

727.150(c)(1)(E)

267.52(a)(5)

Added “it must”; changed “you” to “the

facility owner or operator”; changed

“signal(s)” to “signals”

727.150(c)(2)

267.52(b)

Changed “you have” to “the facility

owner or operator has”; changed “under”

to “pursuant to”; changed “you need only

amend” to “the facility owner or operator

needs only to amend”

727.150(c) Board note

Added a reference to the federal source of

the material

727.150(d)

267.53 heading

Changed the question section heading into

a topical introductory statement “Who

must have copies of the contingency plan”

727.150(d)(1)

267.53(a)

Changed “you” to “the facility owner or

operator”

727.150(d)(2)

267.53(b)

Changed “you” to “the owner or operator”

727.150(d) Board note

Added a reference to the federal source of

the material

727.150(e)

267.54 heading and

preamble

Changed the question section heading into

a topical introductory statement “when the

facility owner or operator must amen the

contingency plan”; changed “you” to “the

facility owner or operator”; added “any of

the following occurs”

727.150(e)(1)

267.54(a)

Changed the ending period to a semicolon

727.150(e)(2)

267.54(b)

Changed the ending period to a semicolon

---

82

Illinois Section

40 C.F.R. Section

Revision(s)

727.150(e)(3)

267.54(c)

Changed “you change” to “the facility

owner or operator changes”; changed the

ending period to a semicolon

727.150(e)(4)

267.54(d)

Changed “you change” to “the facility

owner or operator changes”; changed the

ending period to a semicolon; added the

ending conjunction “or”

727.150(e)(5)

267.54(c)

Changed “you change” to “the facility

owner or operator changes”

727.150(e)(1)

267.54(a)

Changed the ending period to a semicolon

727.150(e) Board note

Added a reference to the federal source of

the material

727.150(f)

267.55 heading and text

Changed the question section heading into

a topical introductory statement “the role

of the emergency coordinator”

727.150(f) Board note

Added a reference to the federal source of

the material

727.150(g)

267.56 heading

Changed the question section heading into

a topical introductory statement “required

emergency procedures for the emergency

coordinator”

727.150(g)(1)

267.56(a)

Added “undertake the following actions”

727.150(g)(1)(A)

267.56(a)(1)

Added “he or she must”; changed the

ending comma to a semicolon

727.150(g)(1)(B)

267.56(a)(2)

Added “he or she must”; changed the

ending period to a semicolon

727.150(g)(2)

267.56(b)

Changed “you” to “the owner or operator”

727.150(g)(2)(A)

267.56(b)(1)

Added “he or she must”; changed “he” to

“he or she”; changed the ending period to

a semicolon; added the ending

conjunction “and”

727.150(g)(2)(B)

267.56(b)(2)

Added “he or she must”

727.150(g)(3)

267.56(c)

Removed the unnecessary commas before

and after “or the environment”; changed

“he” to “he or she”

727.150(g)(3)(A)

267.56(c)(1)

Changed “his” to “his or her”; changed

“he” to “he or she” (twice)

727.150(g)(3)(B)

267.56(c)(2)

Changed “he” to “he or she”; changed

“800/ 424-8802” to “800-424-8802”;

added “the following information”

727.150(g)(3)(B)(i)

267.56(c)(2)(i)

Added “the”; changed the ending period

to a semicolon

727.150(g)(3)(B)(ii)

267.56(c)(2)(ii)

Added “the”; changed the ending period

to a semicolon

---

83

Illinois Section

40 C.F.R. Section

Revision(s)

727.150(g)(3)(B)(iii)

267.56(c)(2)(iii)

Added “the”; changed the ending period

to a semicolon

727.150(g)(3)(B)(iv)

267.56(c)(2)(iv)

Added “the”; changed “material(s)” to

“materials”; changed the ending period to

a semicolon

727.150(g)(3)(B)(v)

267.56(c)(2)(v)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.150(g) Board note

Added a reference to the federal source of

the material

727.150(h)

267.57 heading

Changed the question section heading into

a topical introductory statement “the

emergency coordinator’s responsibilities

in an emergency”

727.150(h)(2)

267.57(b)

Removed the unnecessary comma after

“that”; added “the following occur”;

changed “area(s)” to “areas”

727.150(h)(2)(A)

267.57(b)(1)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.150(h) Board note

Added a reference to the federal source of

the material

727.150(i)

267.58 heading

Changed the question section heading into

a topical introductory statement

“emergency notification and

recordkeeping requirements”

727.150(i)(1)

267.58(a)

Changed “you” to “the facility owner or

operator”; changed “Regional

Administrator” to “Agency”; added

“other” before “local authorities”;

removed the unnecessary comma from

before “that the facility”; changed

“area(s)” to “areas”

727.150(i)(2)

267.58(b)

Changed “you” to “the facility owner or

operator”; changed “you” to “the owner or

operator” (twice); changed “Regional

Administrator” to “Agency”; added

“information” before “in the report”

727.150(i)(2)(A)

267.58(b)(1)

Changed the ending period to a semicolon

727.150(i)(2)(B)

267.58(b)(2)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

---

84

Illinois Section

40 C.F.R. Section

Revision(s)

727.150(i)(2)(C)

267.58(b)(3)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.150(i)(2)(D)

267.58(b)(4)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.150(i)(2)(E)

267.58(b)(5)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.150(i)(2)(F)

267.58(b)(6)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.150(i) Board note

Added a reference to the federal source of

the material

727.170 heading

267, subpart E heading

Used the federal subpart heading as a

Section heading

727.170(a)

267.70 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”; changed “you” to “the

facility owner or operator”

727.170(a) Board note

Added a reference to the federal source of

the material

727.170(b)

267.71 heading

Used the section heading as a topical

introductory statement “use of the

manifest system”

727.170(b)(1)

267.71(a)

Changed “your” to “its”; added “do each

of the following

727.170(b)(1)(A)

267.71(a)(1)

Added “it must”

727.170(b)(1)(B)

267.71(a)(2)

Added “it must”

727.170(b)(1)(C)

267.71(a)(3)

Added “it must”

727.170(b)(1)(D)

267.71(a)(4)

Added “it must”

727.170(b)(1)(E)

267.71(a)(5)

Added “it must”

727.170(b)(2)

267.71(b)

Changed “EPA” to “USEPA”; changed

“your” to “its”; added “do each of the

following”

727.170(b)(2)(A)

267.71(b)(1)

Added “it must”

727.170(b)(2)(B)

267.71(b)(2)

Added “it must”; changed the ending

period to a semicolon

---

85

Illinois Section

40 C.F.R. Section

Revision(s)

727.170(b)(2)(B)

Board note

267.71(b)(2)

Moved the note text to a Board note;

changed “note that the Agency does not

intend” to “USEPA does not intend”;

changed “under” to “pursuant to”

727.170(b)(2)(C)

267.71(b)(3)

Added “it must”

727.170(b)(2)(D)

267.71(b)(4)

Added “it must”; changed “your” to “its”

727.170(b)(2)(D)

Board note

267.71(b)(4)

Moved the note text to a Board note;

Removed “note that”

727.170(b)(2)(E)

267.71(b)(5)

Added “it must”

727.170(b)(3)

267.71(c)

Changed “owner or operator of that

facility” to “facility owner or operator”

727.170(b)(3) Board

note

267.71(c)

Moved the note text to a Board note;

Removed “The Agency notes that”;

changed “only apply to” to “apply only

to”; changed “owners or operators who

are . . . which they” to singular “an owner

or operator that is . . . that it”

727.170(b)(4)

267.71(d)

Added “to the Agency”

727.170(b) Board note

Added a reference to the federal source of

the material

727.170(c)

267.72 heading

Used the section heading as a topical

introductory statement “manifest

discrepancies”

727.170(c)(1)

267.72(a)

Added “either of the following”

727.170(c)(1)(A)

267.72(a)(1)

Changed the ending conjunction from

“and” to “or”

727.170(c)(1)(B)

267.72(a)(2)

Changed “which” to “that” for a

restrictive relative clause

727.170(c)(2)

267.72(b)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” to “Agency”

727.170(c) Board note

Added a reference to the federal source of

the material

727.170(d)

267.73 heading

Changed the question section heading into

a topical introductory statement “retention

of information”

727.170(d)(1)

267.73(a)

Changed “you . . . your” to “the facility

owner or operator . . . its”

727.170(d)(2)

267.73(b)

Changed “you . . . you close” to “the

facility owner or operator . . . it closes”

727.170(d)(2)(A)

267.73(b)(1)

Changed “method(s)” to “methods”;

changed “date(s)” to “dates”; changed

“and/or” to “or”

---

86

Illinois Section

40 C.F.R. Section

Revision(s)

727.170(d)(2)(E)

267.73(b)(5)

Added “that” before “the facility owner or

operator” for a restrictive relative clause;

changed “you need” to “the facility owner

or operator needs”

727.170(d)(2)(G)

267.73(b)(7)

Changed “under” to “pursuant to”

727.170(d)(2)(H)

267.73(b)(8)

Changed “your certification” to “the

facility owner or operator certification”;

changed “you . . . you generate” to “the

owner or operator . . . it generates”;

changed “you” to “the facility owner or

operator”

727.170(d)(2)(I)

267.73(b)(9)

Changed “you” to “the facility owner or

operator”; changed “under” to “pursuant

to”

727.170(d)(2)(J)

267.73(b)(10)

Changed “you” to “the facility owner or

operator”; changed “under” to “pursuant

to”

727.170(d)(2)(K)

267.73(b)(11)

Added “facility” before “owner or

operator”; changed “under” to “pursuant

to”

727.170(d)(2)(L)

267.73(b)(12)

Changed “under” to “pursuant to”

727.170(d) Board note

Added a reference to the federal source of

the material

727.170(e)

267.74 heading

Changed the question section heading into

a topical introductory statement “retention

of information”

727.170(e)(1)

267.74(a)

Changed “you” to “the facility owner or

operator”; changed “under” to “pursuant

to”; changed “any officer, employee, or

representative of EPA who is duly

designated by the Administrator” to

“representative of the Agency or USEPA”

727.170(e)(2)

267.74(b)

Changed “under” to “pursuant to”;

changed “Administrator” to “Agency”

727.170(e) Board note

Added a reference to the federal source of

the material

727.170(f)

267.75 heading and

preamble

Changed the question section heading into

a topical introductory statement

“submission of reports”; changed “you” to

“the facility owner or operator”

---

87

Illinois Section

40 C.F.R. Section

Revision(s)

727.170(f)(1)

267.75(a)

Changed “you” to “the facility owner or

operator”; changed “Regional

Administrator” to “Agency”; changed

“EPA form 8700-13B” to capitalized

“USEPA Form 8700-13B”; added “the

following information”

727.170(f)(1)(A)

267.75(a)(1)

Changed “EPA” to “USEPA”

727.170(f)(1)(D)

267.75(a)(4)

Changed “under” to “pursuant to”

727.170(f)(1)(E)

267.75(a)(5)

Changed the ending period to a semicolon

727.170(f)(1)(F)

267.75(a)(6)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.170(f)(1)(G)

267.75(a)(7)

Changed “you” to “the owner or operator”

727.170(f)(2)

267.75(b)

Changed “you” to “the owner or

operator”; added “the following

information” before “to the Agency”;

changed “Regional Administrator” to

“Agency”

727.170(f)(3)

267.75(c)

Changed “EPA” to “USEPA”; changed

the ending semicolon to a period

727.170(f)(4)

267.75(d)

Changed “EPA” to “USEPA”; changed

the ending semicolon to a period

727.170(f) Board note

Added a reference to the federal source of

the material

727.170(g)

267.76 heading and text

Changed the question section heading into

a topical introductory statement “required

notifications”; changed “you” to “the

facility owner or operator”

727.170(g) Board note

Added a reference to the federal source of

the material

727.190 heading

267, subpart F heading

Used the federal subpart heading as a

Section heading

727.190(a)

267.90 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to” (twice); changed “your”

to “its”

727.190(a) Board note

Added a reference to the federal source of

the material

727.190(b)

267.91

Added the explanatory material to

maintain structural consistency

---

88

Illinois Section

40 C.F.R. Section

Revision(s)

727.190(c)

267.92

Added the explanatory material to

maintain structural consistency

727.190(d)

267.93

Added the explanatory material to

maintain structural consistency

727.190(e)

267.94

Added the explanatory material to

maintain structural consistency

727.190(f)

267.95

Added the explanatory material to

maintain structural consistency

727.190(g)

267.96

Added the explanatory material to

maintain structural consistency

727.190(h)

267.97

Added the explanatory material to

maintain structural consistency

727.190(i)

267.98

Added the explanatory material to

maintain structural consistency

727.190(j)

267.99

Added the explanatory material to

maintain structural consistency

727.190(k)

267.100

Added the explanatory material to

maintain structural consistency

727.190(l)

267.90 heading

Changed the question section heading into

a topical introductory statement

“requirements for addressing corrective

action for solid waste management units”

727.190(l)(1)

267.90(a)

Changed “you” to “the facility owner or

operator”

727.190(l)(2)

267.90(b)

Changed “Regional Administrator will” to

“Agency must” (twice); changed “your”

to “the facility owner’s or operator’s”;

added “RCRA” before “standardized

permit” (twice); changed “your” to “the”

727.190(l)(3)

267.90(c)

Changed “you” to “the facility owner or

operator”; changed “you demonstrate” to

“the owner or operator demonstrates”;

changed “Regional Administrator” to

“Agency”; changed “your” to “its”;

changed “you were” to “the owner or

operator was”; changed “you are” to “the

owner or operator is”; changed “you” to

“the owner or operator”

727.190(l)(4)

267.90(d)

Changed “you do . . . your” to “the facility

owner or operator does . . . the”

727.190(l) Board note

Added a reference to the federal source of

the material

727.210 heading

267, subpart G heading

Used the federal subpart heading as a

Section heading

---

89

Illinois Section

40 C.F.R. Section

Revision(s)

727.210(a)

267.110 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”

727.210(a) Board note

Added a reference to the federal source of

the material

727.210(b)

267.111 heading and

preamble

Changed the question section heading into

a topical introductory statement “required

general standards when operations cease”;

changed “you” to “the facility owner or

operator”; added “fulfills the following

conditions”

727.210(b)(1)

267.111(a)

Added “it”; removed the unnecessary

ending conjunction “and”

727.210(b)(2)

267.111(b)

Added “it”; added “the” before “post-

closure”; added “to” before “surface

waters”

727.210(b)(3)

267.111(c)

Added “it”; changed “you determine” to

“the facility owner or operator

determines”; changed “you” to “the owner

or operator” (twice)

727.210(b) Board note

Added a reference to the federal source of

the material

727.210(c)

267.112 heading

Changed the question section heading into

a topical introductory statement “closure

procedures”

727.210(c)(1)

267.112(a)

changed “you . . . your” to “the facility

owner or operator . . . its”

727.210(c)(1)(A)

267.112(a)(1)

Changed “your closure plan must be

submitted . . . you submit your” to “the

facility owner or operator must submit its

closure plan . . . it submits its”; added

“RCRA” before “standardized permit”

(twice)

727.210(c)(1)(B)

267.112(a)(2)

Changed “Director’s” to “Agency’s”

727.210(c)(2)

267.112(b)

Removed “satisfy the requirements for”;

changed “and/or” to “or”; removed the

unnecessary comma before “at least”;

added “the following minimum

information”

---

90

Illinois Section

40 C.F.R. Section

Revision(s)

727.210(c)(2)(A)

267.112(b)(1)

Added “the requirements of” after

“following”; changed the ending period to

a semicolon

727.210(c)(2)(B)

267.112(b)(2)

Changed “which” to “that” for a

restrictive relative clause; changed the

ending period to a semicolon

727.210(c)(2)(C)

267.112(b)(3)

Added “that” for a restrictive relative

clause; changed “you” to “the facility

owner or operator”; changed “and/or” to

“or”; changed “type(s) to “types”;

changed the ending period to a semicolon

727.210(c)(2)(E)

267.112(b)(5)

Changed the ending period to a semicolon

727.210(c)(2)(F)

267.112(b)(6)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.210(c)(2)(G)

267.112(b)(7)

Changed “under” to “pursuant to”

727.210(c)(3)

267.112(c)

Changed “you” to “the facility owner or

operator”; changed “Director” to

“Agency”

727.210(c)(3)(A)

267.112(c)(1)

Added “the following”

727.210(c)(3)(B)

267.112(c)(2)

Changed “Director” to “Agency”;

changed “Director will” to “Agency must”

727.210(c)(4)(A)

267.112(d)(1)

Changed “you . . . you expect” to “the

facility owner or operator . . . it expects”;

changed “Director” to “Agency”

727.210(c)(4)(B)

267.112(d)(2)

Changed “you . . . expect” to “the owner

or operator . . . expects”

727.210(c)(4)(C)

267.112(d)(3)

Changed “your permit . . . you are” to “the

permit . . . the facility owner or operator

is”; added “a federal” before “judicial

decree”; changed “under” to “pursuant

to”; added the statutory citation “42 USC

6928” in parentheses; changed “you” to

“the owner or operator”; changed

“Director” to “Agency”

727.210(c) Board note

Added a reference to the federal source of

the material

727.210(d)

267.113 heading

Changed the question section heading into

a topical introductory statement

“opportunity for public comment on the

plan”

---

91

Illinois Section

40 C.F.R. Section

Revision(s)

727.210(d)(1)

267.113(a)

Changed “Director will” to “Agency

must”; changed “you” to “the facility

owner or operator”; added “RCRA”

before “standardized permit”; changed

“Director will . . . his/her” to “agency

must . . . its”; added “it determines that”

before “such a hearing”

727.210(d)(2)

267.113(b)

Changed “Director will” to “Agency

must”

727.210(d) Board note

Added a reference to the federal source of

the material

727.210(e)

267.114

Added the explanatory material to

maintain structural consistency

727.210(f)

267.115 heading

Replaced the question section heading

with a topical introductory statement

“time allowed for closure”

727.210(f)(1)

267.115(a)

Changed “you” to “the facility owner or

operator”; changed “from the unit all

hazardous wastes” to “all hazardous

wastes from the unit”

727.210(f)(2)

267.115(b)

Changed “you” to “the facility owner or

operator”; changed “Director” to

“Agency”; changed “you comply” to “the

owner or operator complies”; added “the

conditions of subsections (f)(2)(A) and

(f)(2)(B) of this Section are fulfilled

subject to the limitation of subsection

(f)(2)(C) of this Section

727.210(f)(2)(A)

267.115(b)(1)

Changed “beyond your control” to

“beyond the control of the owner or

operator”

727.210(f)(2)(B)

267.115(b)(2)

Changed “you have” to “the facility

owner or operator has”

727.210(f)(3)

267.115(c)

Changed “you” to “the facility owner or

operator”

727.210(f) Board note

Added a reference to the federal source of

the material

727.210(g)

267.116 heading and text

Changed the question section heading into

a topical introductory statement

“disposition of contaminated equipment,

structure, and soils”; changed “you” to

“the facility owner or operator”; changed

“you” to “the owner or operator”

---

92

Illinois Section

40 C.F.R. Section

Revision(s)

727.210(g) Board note

Added a reference to the federal source of

the material

727.210(h)

267.117 heading and text

Changed the question section heading into

a topical introductory statement

“certification of closure”; added “RCRA”

before “standardized permit”; changed

“under” to “pursuant to” (twice); changed

“you” to “the facility owner or operator”;

changed “Director” to “Agency” (twice);

changed “you” to “the owner or operator”;

changed “he” to “the Agency”

727.210(h) Board note

Added a reference to the federal source of

the material

727.240 heading

267, subpart H heading

Used the federal subpart heading as a

Section heading

727.240(a)

267.140 heading

Replaced the question section heading

with a topical introductory statement

“applicability and substance of the

financial requirements”

727.240(a)(1)

267.140(a)

Added “RCRA” before “standardized

permit”

727.240(a)(2)

267.140(b)

Added “facility” before “owner or

operator”

727.240(a)(2)(A)

267.140(b)(1)

Added “it must”

727.240(a)(2)(B)

267.140(b)(2)

Added “it must”

727.240(a)(2)(C)

267.140(b)(3)

Added “it must”

727.240(a)(3)

267.140(c)

Changed “Regional Administrator” to

“Agency”; changed “Title 11

(Bankruptcy) U.S. Code” to Title 11

(Bankruptcy) of the United States Code”

727.240(a)(4)

267.140(d)

Changed “Federal” to lower-case

“federal”

727.240(a) Board note

Added a reference to the federal source of

the material

727.240(b)

267.141 heading

Used the section heading as a topical

introductory statement “definitions of

terms as used in this Section”

727.240(b)(1)

267.141(a)

Placed the defined term “closure plan” in

quotation marks

727.240(b)(2)

267.141(b)

Placed the defined term “current closure

cost estimate” in quotation marks

727.240(b)(3)

267.141(c)

Added the explanatory material to

maintain structural consistency

---

93

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(b)(4)

267.141(d)

Placed the defined term “parent

corporation” in quotation marks; changed

“which” to “that” for a restrictive relative

clause; changed the semicolon to a period

to break the sentence; changed “the latter

corporation” to “in this instance, the

owned corporation that is the facility

owner or operator”

727.240(b)(5)

267.141(e)

Added the explanatory material to

maintain structural consistency

727.240(b)(6) “assets” 267.141(f)

Placed the defined term “assets” in

quotation marks

727.240(b)(6) “current

plugging and

abandonment cost

estimate”

267.141(f)

Placed the defined term “current plugging

and abandonment cost estimate” in

quotation marks

727.240(b)(6)

“independently

audited”

267.141(f)

Placed the defined term “independently

audited” in quotation marks

727.240(b)(6)

“liabilities”

267.141(f)

Placed the defined term “liabilities” in

quotation marks

727.240(b)(6)

“tangible net worth”

267.141(f)

Placed the defined term “tangible net

worth” in quotation marks

727.240(b)(7)

267.141(g)

Placed the defined terms “bodily injury”

and “property damage” in quotation

marks; changed “shall have” to “have”;

changed “given these terms” to “given

them”; changed “which” to “that” for a

restrictive relative clause; changed

“liability policies” to liability insurance

policies”

727.240(b)(7)

“accidental

occurrence”

267.141(g)

Placed the defined term “accidental

occurrence” in quotation marks; changed

“which” to “that” for a restrictive relative

clause

727.240(b)(7) “legal

defense costs”

267.141(g)

Placed the defined term “legal defense

costs” in quotation marks

727.240(b)(7) “sudden

accidental occurrence”

267.141(g)

Placed the defined term “sudden

accidental occurrence” in quotation

marks; changed “which” to “that” for a

restrictive relative clause

---

94

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(b)(8)

267.141(h)

Placed the defined term “substantial

business relationship” in quotation marks;

added “facility” before “owner or

operator”

727.240(b) Board note

Added a reference to the federal source of

the material

727.240(c)

267.142 heading

Used the section heading as a topical

introductory statement “cost estimate for

closure”

727.240(c)(1)

267.142(a)

Added “facility” before “owner or

operator”

727.240(c)(1)(B)

267.142(a)(2)

Added “the” before” definition”; changed

“he” to “it”

727.240(c)(1)(D)

267.142(a)(4)

Added “facility” before “owner or

operator”

727.240(c)(2)

267.142(b)

Added “facility” before “owner or

operator”; changed “instrument(s)” to

“instruments”; changed “owners and

operators” to singular “an owner or

operator”; changed “firm’s” to

“guarantor’s”; changed “Regional

Administrator” to “Agency”

727.240(c)(3)

267.142(c)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” to “Agency”

727.240(c)(4)

267.142(d)

Added “facility” before “owner or

operator”; changed “The” to lower-case

“the” after the colon

727.240(c) Board note

Added a reference to the federal source of

the material

727.240(d)

267.143 heading and

preamble

Added “facility” before “owner or

operator”; added “it” before “may”;

changed “Regional Administrator will” to

“Agency must”; changed “under” to

“pursuant to”

727.240(d)(1)

267.143(a)

Changed “Trust Fund” to lower-case

“trust fund”; changed “owners and

operators can” to “and owner or operator

may”; placed “closure trust fund” in

quotation marks

727.240(d)(1)(A)

267.143(a)(1)

Changed numeric “3” to written “three”

---

95

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(d)(1)(B)

267.143(a)(2)

Changed “the first payment . . . must be

made” to active-voice “the facility owner

or operator must make the first payment

. . .”; changed “Regional Administrator”

to “Agency”; added “as follows”; entered

formula in a formula format using

variables and added variable definitions

727.240(d)(1)(C)

267.143(a)(3)

Changed “this paragraph’s financial

assurance requirements” to “the financial

assurance requirements of this subsection

(d)(1)”

727.240(d)(1)(D)

267.143(a)(4)

Added “facility” before “owner or

operator”; changed “he” to “the owner or

operator”

727.240(d)(1)(E)

267.143(a)(5)

Added “facility” before “owner or

operator”; added “incorporated . . .

720.111(b)” offset by commas

727.240(d)(2)

267.143(b)

Changed “Bond Guaranteeing Payment

into a Closure Trust Fund” to lower-case

“bond guaranteeing payment into a

closure trust fund”; changed “owners and

operators can” to “and owner or operator

may”; added “incorporated . . .

720.111(b)” offset by commas

727.240(d)(3)

267.143(c)

Changed “Bond Guaranteeing

performance of Closure” to lower-case

“bond guaranteeing performance of

closure”; changed “owners and operators

can” to “and owner or operator may”

727.240(d)(4)

267.143(d)

Changed “Letter of Credit” to lower-case

“letter of credit”; changed “owners and

operators can” to “and owner or operator

may”

727.240(d)(5)

267.143(e)

Changed “Insurance” to lower-case

“insurance”; changed “owners and

operators can” to “and owner or operator

may”; added “incorporated . . .

720.111(b)” offset by commas

727.240(d)(6)(A)

267.143(f)(1)

Retained the topical heading but moved

the entire text to subsection (m) to

comport with permissible subsection level

requirements

---

96

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(d)(6)(A)

Board note

Added explanation of the movement of

the text to subsection (m); added “the

Board intends that any citation . . . also

include added subsection (m) of this

Section, as applicable”

727.240(d)(6)(B)

267.143(f)(2)

Retained the topical heading but moved

the entire text to subsection (n) to comport

with permissible subsection level

requirements

727.240(d)(6)(B)

Board note

Added explanation of the movement of

the text to subsection (n); added “the

Board intends that any citation . . . also

include added subsection (n) of this

Section, as applicable”

727.240(d)(7)

267.143(g)

Changed “Guarantee” to lower-case

“guarantee”

727.240(d)(7)(A)

267.143(g)(1)

Added “facility” before “owner or

operator”; added “incorporated . . .

720.111(b)” offset by commas

727.240(d)(7)(B)

267.143(g)(2)

Changed “Regional Administrator” to

“Agency”

727.240(d)(7)(C)

267.143(f)(3)

Retained the opening word “the terms of

the guarantee must provide” but moved

the entire text to subsection (o) to comport

with permissible subsection level

requirements

727.240(d)(7)(C)

Board note

Added explanation of the movement of

the text to subsection (o); added “the

Board intends that any citation . . . also

include added subsection (o) of this

Section, as applicable”

727.240(d)(7)(D)

267.143(g)(4)

Changed “Regional Administrator” to

“Agency” (twice)

727.240(d)(7)(E)

267.143(g)(5)

Added “either of the following occurs”

727.240(d)(7)(E)(i)

267.143(g)(5)(i)

Added “facility” before “owner or

operator”

727.240(d)(7)(E)(ii)

267.143(g)(5)(ii)

Added “facility” before “owner or

operator”

727.240(d)(8)

267.143(h)

Changed “Multiple Financial

Instruments” to lower-case “multiple

financial instruments”; moved

“respectively” to follows “Section” offset

as a parenthetical by commas; changed

“Regional Administrator” to “Agency”

---

97

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(d)(10)

267.143(j)

Changed “Regional Administrator” to

“Agency” (three times)

727.240(d) Board note

Added a reference to the federal source of

the material

727.240(e)

267.144

Added the explanatory material to

maintain structural consistency

727.240(f)

267.145

Added the explanatory material to

maintain structural consistency

727.240(g)

267.146

Added the explanatory material to

maintain structural consistency

727.240(h)

267.147 heading

Used the section heading as a topical

introductory statement “liability

requirements”

727.240(h)(1)

267.147(a)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(A)

267.147(a)(1)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(B)

267.147(a)(2)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(C)

267.147(a)(3)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(D)

267.147(a)(4)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(E)

267.147(a)(5)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(F)

267.147(a)(6)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(G)

267.147(a)(7)

Changed “an” to “the” before “owner or

operator”

727.240(h)(1)(H)

267.147(a)(8)

Changed “Regional Administrator”; added

“either of the following occurs”

727.240(h)(1)(H)(ii)

267.147(a)(8)(ii)

Changed “under” to “pursuant to”

727.240(h)(1)(H)(iii)

267.147(a)(8)(iii)

Changed “under” to “pursuant to”

727.240(h)(2)

267.147(b)

Added the explanatory material to

maintain structural consistency

727.240(h)(3)

267.147(c)

Added the explanatory material to

maintain structural consistency

727.240(h)(4)

267.147(d)

Added the explanatory material to

maintain structural consistency

727.240(h)(5)

267.147(e)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” (twice); changed “shall” to

“must”

---

98

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(h)(6)

267.147(f)

Changed “Liability Coverage” to lower-

case “liability coverage”; added “facility”

before “owner or operator”

727.240(h)(6)(A)(iii)

267.147(f)(1)(iii)

Changed “under” to “pursuant to”

727.240(h)(6)(B)

267.147(f)(2)

Retained the subsection as a topical

heading but moved the text and

subsections to subsection (p) to comport

with permissible subsection level

requirements

727.240(h)(6)(B)

Board note

Added explanation of the movement of

the text to subsection (p); added “the

Board intends that any citation . . . also

include added subsection (p) of this

Section, as applicable”

727.240(h)(7)(A)

267.147(g)(1)

Added “incorporated . . . 720.111(b)”

offset by commas

727.240(h)(7)(A)(i)

267.147(g)(1)(i)

Added “facility” before “owner or

operator”

727.240(h)(7)(A)(ii)

267.147(g)(1)(ii)

Added the explanatory material to

maintain structural consistency

727.240(h)(7)(B)

267.147(g)(2)

Added “foreign corporations” as a topical

subsection and moved the text and

subsections to subsection (q) to comport

with permissible subsection level

requirements

727.240(h)(7)(B)

Board note

Added explanation of the movement of

the text to subsection (q); added “the

Board intends that any citation . . . also

include added subsection (q) of this

Section, as applicable”

727.240(h) Board note

Added a reference to the federal source of

the material

727.240(i)

267.148 heading

Used the section heading as a topical

introductory statement “incapacity of

owners, operators, guarantors, or financial

institutions”

727.240(i)(1)

267.148(a)

Changed “an” to “the” and added

“facility” before “owner or operator”;

changed “Regional Administrator” to

“Agency”; changed “Title 11

(Bankruptcy) U.S. Code” to Title 11

(Bankruptcy) of the United States Code”;

changed “he” to “it”; added “incorporated

. . . 720.111(b)”

---

99

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(i) Board note

Added a reference to the federal source of

the material

727.240(j)

267.149

Added the explanatory material to

maintain structural consistency

727.240(k)

267.150 heading

Used the section heading as a topical

introductory statement “State assumption

of responsibility”

727.240(k)(1)

267.150(a)

Changed “Regional Administrator” to

“Agency” (six times); added “the

following”; changed “Certainty” to lower-

case “the certainty”; added “facility”

before “owner or operator”; changed

“EPA Identification Number” to lower-

case “USEPA identification number”;

added “the facility” before “name and

address”

727.240(k)(2)

267.150(b)

Changed “Federal” to lower-case

“federal”

727.240(k) Board note

Added a reference to the federal source of

the material

727.240(l)

267.151 heading

Used the section heading as a topical

introductory statement “wording of the

instruments”

727.240(l)(1)

267.151(a)

Added “RCRA” before “standardized

permit”; changed “as specified in” to “as

set forth in”; moved the form to Appendix

A, Illustration A

727.240(l)(1) Board

note

267.151(a) form

Added explanation of the movement of

the form to Appendix A, Illustration A;

added “the Board intends that any citation

. . . also include added appendix A,

Illustration A of this Part, as applicable”

727.240(l)(2)

267.151(a)

Added “RCRA” before “standardized

permit”; changed “that . . . facility(ies)” to

“facility . . . (or those facilities)”; changed

“as specified in” to “as set forth in”;

moved the form to Appendix A,

Illustration A

727.240(l)(2) Board

note

267.151(a) form

Added explanation of the movement of

the form to Appendix A, Illustration B;

added “the Board intends that any citation

. . . also include added Appendix A,

Illustration B of this Part, as applicable”

---

100

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(l) Board note

Added a reference to the federal source of

the material

727.240(m)

267.143(f)(1)

Moved the entire text from subsection

(f)(1) to comport with permissible

subsection level requirements

727.240(m)(1)

267.143(f)(1)(i)

Added “facility” before “owner or

operator”

727.240(m)(1)(A)

267.143(f)(1)(i)(A)

Added commas before and after “as

issued by Standard and Poor’s” to offset it

as a parenthetical; added commas before

and after “as issued by Standard and

Poor’s” to offset it as a parenthetical

727.240(m)(2)

267.143(f)(1)(ii)

Added “both of the following”

727.240(m)(2)(A)

267.143(f)(1)(ii)(A)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.240(m)(2)(B)

267.143(f)(1)(ii)(B)

Changed “Regional Administrator” to

“Agency”

727.240(m)(3)

267.143(f)(1)(iii)

Added “facility” before “owner or

operator”

727.240(m) Board

note

Added explanation of the movement of

the text from subsection (f)(1); added “the

Board intends that any citation . . . also

include this added subsection (m), as

applicable”

727.240(n)

267.143(f)(2)

Moved the entire text from subsection

(f)(2) to comport with permissible

subsection level requirements

727.240(n)(1)

267.143(f)(2)(i)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” to “Agency”

727.240(n)(1)(A)

267.143(f)(2)(i)(A)

Added “provides the following

information”

727.240(n)(1)(A)(i)

267.143(f)(2)(i)(A)(

1

)

Added “it”; changed “EPA” to “USEPA”

(twice); added “the information described

in subsection (n)(1)(E) of this Section”;

moved the subsections to subsection

(n)(1)(E) to comport with permissible

subsection level requirements

---

101

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(n)(1)(A)(i)

Board note

Added explanation of the movement of

the text to subsection (n)(1)(E); added

“the Board intends that any citation . . .

also include added subsections (n)(1)(E)

through (n)(1)(E)(vi) of this Section, as

applicable”

727.240(n)(1)(A)(ii)

267.143(f)(2)(i)(A)(

2

)

Added “it”; changed “EPA” to “USEPA”

(twice)

727.240(n)(1)(B)

267.143(f)(2)(i)(B)

Changed “Regional Administrator” to

“Agency” (three times)

727.240(n)(1)(C)

267.143(f)(2)(i)(C)

Changed “shall” to “must”

727.240(n)(1)(E)

267.143(f)(2)(i)(A)(

1

)

Moved the subsection from subsection

(n)(1)(A)(i) to comport with permissible

subsection level requirements; added

“contents of the letter . . . (for the

purposes of subsection (n)(1)(A)(i) of this

Section)” as a topical heading

727.240(n)(1)(E)(i)

267.143(f)(2)(i)(A)(

1

)(

i

)

Added “the” before “liability”; changed

“under” to “pursuant to the applicable

provisions of”

727.240(n)(1)(E)(ii)

267.143(f)(2)(i)(A)(

1

)(

ii

)

Added “the” before “cost estimates”;

changed “under” to “pursuant to the

applicable provisions of”

727.240(n)(1)(E)(iii)

267.143(f)(2)(i)(A)(

1

)(

iii

)

Added “the” before “current”; changed

“under” to “pursuant to”

727.240(n)(1)(E)(iv)

267.143(f)(2)(i)(A)(

1

)(

iv

)

Added “the federally required” before

“cost estimates”; changed “under” to

“pursuant to”

727.240(n)(1)(E)(v)

267.143(f)(2)(i)(A)(

1

)(

v

)

Added “the federally required” before

“cost estimates”; changed “under” to

“pursuant to”

727.240(n)(1)(E)(vi)

267.143(f)(2)(i)(A)(

1

)(

vi

)

Added “federally required” before

“financial assurance”; changed “required

under, or as part of an action undertaken

under,” to “required by or as part of an

action undertaken pursuant to”; added the

statutory citation “42 USC 9601 et seq.”

in parentheses

727.240(n)(1)(E)

Board note

Added explanation of the movement of

the text from subsection (n)(1)(A)(i);

added “the Board intends that any citation

. . . also include added subsections

(n)(1)(E) through (n)(1)(E)(vi) of this

Section, as applicable”

---

102

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(n)(2)

267.143(f)(2)(ii)

Changed “Regional Administrator” to

“Agency”

727.240(n)(3)

267.143(f)(2)(iii)

Changed “Regional Administrator” to

“Agency” (twice)

727.240(n)(4)

267.143(f)(2)(iv)

Added “either of the following occurs”

727.240(n)(5)

267.143(f)(2)(v)

Added “must do the following”

727.240(n)(5)(A)

267.143(f)(2)(v)(A)

Added “it must”

727.240(n)(5)(B)

267.143(f)(2)(v)(B)

Added “it must”

727.240(n)(6)

267.143(f)(2)(vi)

Changed “Regional Administrator” to

“Agency”

727.240(n) Board note

Added explanation of the movement of

the text from subsection (f)(2); added “the

Board intends that any citation . . . also

include this added subsection (n), as

applicable”

727.240(o)

267.143(g)(3)

Moved the entire text from subsection

(d)(7)(C) to comport with permissible

subsection level requirements; added “as

follows”

727.240(o)(1)

267.143(g)(3)(i)

Added “facility” before “owner or

operator”; added “accomplish the

following”

727.240(o)(1)(A)

267.143(g)(3)(i)(A)

Added “it will”

727.240(o)(1)(B)

267.143(g)(3)(i)(B)

Added “it will”

727.240(o)(2)

267.143(g)(3)(ii)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” to “Agency” (twice)

727.240(o)(3)

267.143(g)(3)(iii)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” to “Agency” (four times)

727.240(o) Board note

Added explanation of the movement of

the text from subsection (d)(7)(C); added

“the Board intends that any citation . . .

also include this added subsection (o), as

applicable”

727.240(p)

267.147(f)(2)

Moved the text and subsections from

subsection (h)(6)(B) to comport with

permissible subsection level requirements

727.240(p)(1)

267.147(f)(2)(i)

Changed “Regional Administrator” to

“Agency”

727.240(p)(1)(A)

267.147(f)(2)(i)(A)

Changed “under” to “pursuant to” (three

times); added “incorporated . . .

720.111(b)”

---

103

Illinois Section

40 C.F.R. Section

Revision(s)

727.240(p)(1)(B)

267.147(f)(2)(i)(B)

Changed “Regional Administrator” to

“Agency” (three times)

727.240(p)(2)

267.147(f)(2)(ii)

Changed “Regional Administrator” to

“Agency” (three times)

727.240(p)(3)

267.147(f)(2)(iii)

Added “facility” before “owner or

operator”; changed “Regional

Administrator” to “Agency” (twice)

727.240(p)(4)

267.147(f)(2)(iv)

Added “either or the following occurs”

727.240(p)(4)(A)

267.147(f)(2)(iv)(A)

Added “facility” before “owner or

operator”

727.240(p)(4)(B)

267.147(f)(2)(iv)(B)

Changed “Regional Administrator” to

“Agency”; added “facility” before “owner

or operator”

727.240(p)(5)

267.147(f)(2)(v)

Changed “which” to “that” for a

restrictive relative clause; added “do the

following”

727.240(p)(5)(A)

267.147(f)(2)(v)(A)

Changed “Regional Administrator” to

“Agency”; added “facility” before “owner

or operator”

727.240(p)(6)

267.147(f)(2)(vi)

Changed “Regional Administrator” to

“Agency” (twice)

727.240(p) Board note

Added explanation of the movement of

the text from subsection (h)(6)(B); added

“the Board intends that any citation . . .

also include this added subsection (p), as

applicable”

727.240(q)

267.147(g)(2)

Moved the text and subsections from

subsection (h)(7)(B) to comport with

permissible subsection level requirements;

added “foreign corporations” as a topical

heading

727.240(q)(1)

267.147(g)(2)(i)

Changed “EPA” to “USEPA”; added

“incorporated . . . 720.111(b)” offset by

commas

727.240(q)(2)

267.147(g)(2)(ii)

Added “it meets both of the following

conditions”

727.240(q)(2)(B)

267.147(g)(2)(ii)(B)

Changed “EPA” to “USEPA”; added

“incorporated . . . 720.111(b)” offset by

commas

727.240(q) Board note

Added explanation of the movement of

the text from subsection (h)(7)(B); added

“the Board intends that any citation . . .

also include this added subsection (q), as

applicable”

---

104

Illinois Section

40 C.F.R. Section

Revision(s)

727.270 heading

267, subpart I heading

Used the federal subpart heading as a

Section heading

727.270(a)

267.170 heading and text

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”

727.270(a) Board note

Added a reference to the federal source of

the material

727.270(b)

267.171 heading and

preamble

Changed the question section heading into

a topical introductory statement

“standards applicable to containers”;

removed the unnecessary definite article

“the” from before “containers” (twice);

added “holding hazardous waste”

727.270(b)(1)

267.171(a)

Changed “you” to “the facility owner or

operator”; changed “either” to “undertake

either of the following actions”

727.270(b)(1)(A)

267.171(a)(1)

Added “it must”; changed “this container”

to “the defective container”

727.270(b)(1)(B)

267.171(a)(2)

Added “it must”; changed “this container”

to “the defective container”

727.270(b)(2)

267.171(b)

Changed “you” to “the facility owner or

operator”

727.270(b)(2)(A)

267.171(a)(1)

Changed “you . . . you add or remove” to

“the facility owner or operator . . . it adds

or removes”

727.270(b)(2)(B)

267.171(a)(2)

Changed “you” to “the facility owner or

operator”

727.270(b) Board note

Added a reference to the federal source of

the material

727.270(c)

267.172 heading and

preamble

Changed the question section heading into

a topical introductory statement

“inspection requirements”; changed “you

. . . you store” to “the facility owner or

operator . . . it stores”

727.270(c) Board note

Added a reference to the federal source of

the material

727.270(d)

267.173 heading and

preamble

Changed the question section heading into

a topical introductory statement

“standards applicable to container storage

areas”

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105

Illinois Section

40 C.F.R. Section

Revision(s)

727.270(d)(1)

267.173(a)

Changed “you . . . your” to “the facility

owner or operator . . . its”

727.270(d)(2)

267.173(b)

Added “the following”

727.270(d)(2)(A)

267.173(b)(1)

Changed the ending period to a semicolon

727.270(d)(2)(B)

267.173(b)(2)

Moved the comma from after

“containment system” to follow “sloped”

for an independent clause”; changed the

ending period to a semicolon

727.270(d)(2)(C)

267.173(b)(3)

Changed “10%” to “10 percent”; changed

“containers” to “all containers placed in

it”; changed the ending period to a

semicolon

727.270(d)(2)(D)

267.173(b)(4)

Changed “you” to “the owner or

operator”; added a comma before “unless”

to offset a parenthetical; added “to contain

the liquid” after “capacity”; changed the

ending period to a semicolon; added the

ending conjunction “and”

727.270(d)(2)(E)

267.173(b)(5)

Changed “you” to “the owner or operator”

727.270(d)(3)

267.173(c)

Changed “you do” to “the owner or

operator does”; added commas before and

after “as defined . . . this Section” to offset

it as a parenthetical; removed the

unnecessary comma from after “free

liquids”; added “either of the following

conditions are fulfilled”

727.270(d)(4)

267.173(d)

Changed “you” to “the owner or

operator”; corrected “FO20” to “F020”;

corrected “FO21” to “F021”; corrected

“FO22” to “F022”; corrected “FO23” to

“F023”; corrected “FO26” to “F026”;

corrected “FO27” to “F027”

727.270(d) Board note

Added a reference to the federal source of

the material

727.270(e)

267.174 heading and

preamble

Changed the question section heading into

a topical introductory statement “special

requirements for ignitable or reactive

waste”; changed “you . . . your” to “the

facility owner or operator . . . its”;

changed “you” to “the owner or operator”

727.270(e) Board note

Added a reference to the federal source of

the material

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106

Illinois Section

40 C.F.R. Section

Revision(s)

727.270(f)

267.175 heading

Changed the question section heading into

a topical introductory statement “special

requirements for incompatible wastes”

727.270(f)(1)

267.175(a)

Changed “you . . . you comply” to “the

facility owner or operator . . . it

complies”; removed the unnecessary

comma from before “or incompatible

wastes”; added “incorporated . . .

720.111(b)

727.270(f)(2)

267.175(b)

Changed “you” to “the facility owner or

operator”

727.270(f)(3)

267.175(c)

Changed “you” to “the facility owner or

operator”

727.270(f) Board note

Added a reference to the federal source of

the material

727.270(g)

267.176 heading and

preamble

Changed the question section heading into

a topical introductory statement

“requirements for stopping the use of

containers”; changed “you” to “the

facility owner or operator”; changed

“you” to “the owner or operator”

727.270(g) Board note

Added a reference to the federal source of

the material

727.270(h)

267.177 heading and

preamble

Changed the question section heading into

a topical introductory statement “air

emission standards”; added “RCRA”

before “standardized permit”; changed

“Thermal” to lower-case “a thermal”;

added “a” before “flame”; added “a”

before “boiler”; added “a” before “process

heater”; added “a” before “condenser”;

changed the conjunction “and” to “or”;

added “a” before “carbon absorption”

727.270(h) Board note

Added a reference to the federal source of

the material

727.290 heading

267, subpart J heading

Used the federal subpart heading as a

Section heading

727.290(a)

267.190 heading and

preamble

Changed the question section heading into

a topical introductory statement

“applicability of this Section”; changed

“you if you own or operate” to “the owner

or operator of”; added “RCRA” before

“standardized permit”; changed “under”

to “pursuant to”

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107

Illinois Section

40 C.F.R. Section

Revision(s)

727.290(a)(1)

267.190(a)

Changed “you do . . . your” to “the facility

owner or operator does . . . its”; changed

“you” to “the owner or operator”; changed

“stored/treated” to “stored or treated”;

changed “EPA” to “USEPA”

727.290(a)(2)

267.190(b)

Changed “you do . . . your” to “the facility

owner or operator does . . . its”

727.290(a) Board note

Added a reference to the federal source of

the material

727.290(b)

267.191 heading and

preamble

Changed the question section heading into

a topical introductory statement “required

design and construction standards for new

tank systems”; changed “you” to “the

facility owner or operator”; changed

“waste(s)” to “wastes”; changed “you” to

“the owner or operator”

727.290(b)(1)

267.191(a)

Changed “standard(s)” to “standards”;

changed “tank(s)” to “tanks”; changed

“and/or” to “or”

727.290(b)(2)

267.191(b)

Changed “waste(s)” to “wastes”

727.290(b)(3)

267.191(c)

Added “the following”

727.290(b)(3)(A)

267.191(c)(1)

Added “the following”

727.290(b)(3)(A)(i)

267.191(c)(1)(i)

Changed the ending period to a semicolon

727.290(b)(3)(A)(ii)

267.191(c)(1)(ii)

Changed the ending period to a semicolon

727.290(b)(3)(A)(iii)

267.191(c)(1)(iii)

Changed the ending period to a semicolon

727.290(b)(3)(A)(iv)

267.191(c)(1)(iv)

Changed the ending period to a semicolon

727.290(b)(3)(A)(v)

267.191(c)(1)(v)

Changed the ending period to a semicolon

727.290(b)(3)(A)(vi)

267.191(c)(1)(vi)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

727.290(b)(3)(A)(vii)

267.191(c)(1)(viii)

Changed the ending period to a

semicolon; added “etc.” offset by a

comma after “cathodic protection”

727.290(b)(3)(B)(i)

267.191(c)(2)(i)

Added parentheses on “such as . . .

reinforced plastics, etc.”; changed the

ending period to a semicolon

727.290(b)(3)(B)(ii)

267.191(c)(2)(ii)

Added the ending semicolon

727.290(b)(3)(B)(iii)

267.191(c)(2)(iii)

Added parentheses on “such as . . .

flanges, etc.”; added the ending period

727.290(b)(4)

267.191(d)

Added “the following will occur”

727.290(b)(4)(A)

267.191(d)(1)

Changed the ending period to a semicolon

727.290(b)(4)(B)

267.191(d)(2)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

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108

Illinois Section

40 C.F.R. Section

Revision(s)

727.290(b) Board note

Added a reference to the federal source of

the material

727.290(c)

267.192 heading

Changed the question section heading into

a topical introductory statement “handling

and inspection procedures during

installation of new tank systems”

727.290(c)(1)

267.192(a)

Changed “you . . . you follow” to “the

facility owner or operator . . . it follows”

727.290(c)(1)(A)

267.192(a)(1)

Changed the ending period to a semicolon

727.290(c)(1)(B)

267.192(a)(2)

Changed the ending period to a semicolon

727.290(c)(1)(C)

267.192(a)(3)

Changed the ending period to a semicolon

727.290(c)(1)(D)

267.192(a)(4)

Changed the ending period to a semicolon

727.290(c)(1)(E)

267.192(a)(5)

Changed the ending period to a

semicolon; added the ending conjunction

“or”

727.290(c)(1)(F)

267.192(a)(1)

Changed the ending period to a

semicolon; changed

“construction/installation” to

“construction or installation”

727.290(c) Board note

Added a reference to the federal source of

the material

727.290(d)

267.193 heading and text

Changed the question section heading into

a topical introductory statement “testing

requirements”; changed “you” to “the

facility owner or operator”; changed

“leak(s)” to “leaks”; changed “you cover,

enclose, or place” to “it covers, encloses,

or places”

727.290(d) Board note

Added a reference to the federal source of

the material

727.290(e)

267.194 heading

Changed the question section heading into

a topical introductory statement

“installation requirements”

727.290(e)(1)

267.194(a)

Changed “you” to “the facility owner or

operator”

727.290(e)(2)

267.194(b)

Changed “you” to “the facility owner or

operator”; changed “under” to “pursuant

to”

727.290(e)(3)

267.194(c)

Changed “you” to “the facility owner or

operator”; changed “under” to “pursuant

to”

727.290(e) Board note

Added a reference to the federal source of

the material

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109

Illinois Section

40 C.F.R. Section

Revision(s)

727.290(f)

267.195 heading and

preamble

Changed the question section heading into

a topical introductory statement

“secondary containment requirements”;

changed “you” to “the facility owner or

operator”; changed “leak(s)” to “leaks”;

changed “you cover, enclose, or place” to

“it covers, encloses, or places”

727.290(f)(1)

267.195(a)

Changed “must be” to “must meet both of

the following requirements”

727.290(f)(1)(A)

267.195(a)(1)

Added “it must be”

727.290(f)(1)(B)

267.195(a)(2)

Added “it must be”

727.290(f)(2)

267.195(b)

Changed “must be, at a minimum” to

“must meet all of the following minimum

requirements”

727.290(f)(2)(A)

267.195(b)(1)