BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
1
R06- 16
UIC UPDATE,
USEPA
AMENDMENTS
)
(Identical-in-Substance
(July 1,2005 through December 31,2005)
)
Rulemaking-Land)
RCRA SUBTITLE D UPDATE,
USEPA
)
R06-17
AMENDMENTS (July 1,2005 through
)
(Identical-in-Substance
December 31,2005)
1
Rulemaking-Land)
RCRA SUBTITLE C UPDATE,
USEPA
)
R06-18
AMENDMENTS (July 1,2005 through
)
Qdentical-in-Substance
December 31,2005 and March 23,2006)
)
Rulemaking-Land)
1
(Consolidated)
NOTICE
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(Via Clerk's
Online-COOL)
Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W. Randolph, 12" Floor
Chicago, Illinois 60601
(Via First Class Mail)
Bill Richardson, General Counsel
Illinois
Dept.
of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
(Via First Class Mail)
Michael
McCambridge
Ill.
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(Via First Class Mail)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board the Illinois
EPA's
COMMENTS, a copy of each of which is
herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
1
1
UIC UPDATE,
USEPA
AMENDMENTS
)
R06- 1 6
BOARD'S SPECIAL
WASTE
1
(Identical-in-Substance
)
Rulemaking -Land)
RCRA SUBTITLE D UPDATE,
USEPA
)
R06- 1
7
AMENDMENTS (July 1,2005 through
)
(Identical-in-Substance
December 3 1,2005)
)
Rulemaking -Land)
RCRA SUBTITLE C UPDATE,
USEPA
)
R06- 1
8
AMENDMENTS (July 1,2005 through
)
(Identical-in-Substance
December
3
1,2005 and March 23,2006)
)
Rulemaking -Land)
1
(Consolidated)
COMMENTS OF THE
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by and
through one of its attorneys,
Kzmbery
Geving, and submits its COMMENTS in the
above-
captioned matter to the Illinois Pollution Control Board ("Board").
The comments have been
broken out into different types. The first section, General Comments, consists mainly of
typographical errors, although there are also some substantive comments. The second section
consists solely of comments on the financial assurance requirements for standardized permits.
The third section consists of comments on the RCRA Subtitle D Updates. The fourth section
consists of comments on the RCRA Subtitle C Updates. The fifth section consists of a response
to the Board's direct request for comment on certain topics in its Opinion dated April 6,2006.
The Illinois EPA submits the following comments in response to the above-captioned
matter:
* * * * PC #1 * * * *
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
A. General Comments (all three dockets)
Throughout the proposal, the word "subpart" was in lower case when the first letter
should be capitalized. We suggest doing a word search throughout all three dockets to
correct the typographical error.
Section
703.Appendix
A, beginning on page 12 1 and continuing through page 136, has
numbers and asterisks in the
left
margin. The Illinois EPA does not understand the
significance of these markings.
In Section
705.302@)(1
l),
the word "Section" is misspelled.
In Section
705.302(c)(l)(D),
delete the word "an" in the first line and delete the duplicate
word "Section" in the second line.
In Section
726.200@)(3),
the word "requirements" is misspelled.
In the new Part 727 Table of Contents and body of the rule there are no separate subparts.
The Board has combined all sections together, even though the numbering has a 100
series, 200 series, and a 900 series. This does not follow the typical drafting standards,
and it makes the rule very difficult
lo
follow. The Illinois EPA believes there should be
separate subparts, each dealing with their own topics.
Throughout Part 727 there are
exceptions
that direct the reader to Section
727.100(a)(2).
Are these exceptions intended to require the reader to follow Part 721 and Section
724.101(f)
and (g)?
In Section
727.17O(d)(2)(I),
we believe that the "and" at the end of the paragraph should
be deleted and reinserted at the end of subsection (K). Additionally, there should be a
semicolon at the end of subsection (J) instead of a period.
In Section
727.170(f)(2)(C),
we believe the word "Information" should be inserted at the
beginning of that sentence.
In Section
727.210(b)(2),
add the word "and" at the end of the paragraph.
In Section
727.210(~)(4)(C),
the word "section" should have a capital s. This is a
common typographical error throughout the Part 727 and should be corrected.
In Section
727.210(e),
there is a reference to subsection (b). Should this actually be
subsection (e)?
In Section
727.240(d),
the word "Agency" if duplicated in the third line up
from
the
bottom, and there should be either a "may" or "must" inserted after the word "Agency."
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
In Section
727.290(g)(3),
the word
"requirements"
is misspelled. Additionally, should
there be semicolons after subsections (A) and (B)?
In section
727.Appendix
A, Illustration A at page 661, the sentence in the middle of
the
page has a grammatical error. The word "undertaken" should be changed to "taken"
since the word is followed by "under."
In Section
730.101(b),
the Board has changed "which" to "that."
,This
should be
corrected throughout all the parts.
In Section
730.1
13(a)(l),
the new words "must that" in the second line should be
reversed to read "that must."
In Section
73O.l33(b),
should the reference to subsection
(b)(5)
actually be
(b)(6)
since
the section contains six rather than five subsections?
In Section
730.172(d),
there is a typographical error in the first
hll
line of the new text.
The
"row
should be changed to an "or."
In Section 733.1
13(c)(l),
the word
"excape"
should be changed to "escape."
B. Comments on Financial Assurance Requirements for Standardized Permits
As a general comment, the Code of Federal Regulations is easier to read because it lists
the financial requirements as a Subpart to Part 267 instead of attempting to fit the regulations
into a single section (727.240) as was done in the proposed regulations in the Illinois
Administrative Code. Because the Illinois Administrative Code reduces 40 CFR 267, Subpart H
into a single section, it was necessary for the Board to breakup the Sections in 40 CFR 267,
Subpart H into their own subsections at the end of Section 727.240 to comport with indent level
codification requirements. Reading Section 727.240 can be
conhsing
due to this method of
formatting the rules.
Specific Comments:
1.
Page 617,
727.240(c)(l)(B)
-
The word
"onsite"
should be a hyphenated word "on-site."
2.
Page
61
7,
727.240(~)(2)
-
The reference to "subsection
(d)(6)(B)(iii)
of this Section"
should read "subsection
(n)(3)
of this Section."
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
3.
Page 619,
727.240(d)(l)(E)
-
"The facility owner or operator must submit a trust
agreement with the wording specified in 40 CFR 264.15 1
(a)(l),
incorporated by
feference
in 35
Ill.
Adm. Code
"720.1
1
1
(b)."'
Instead of
720.1
1
1
(b) it should read
"724.25 1
."
4.
Page 6 19,
727.240(d)(2)
-
"720.1
1 1
(b)"
change to
"724.25
1
."
5.
Page 620,
727.240(d)(3)
-
"720.1 1
I@)"
change to
"724.251
."
6.
Page 620,
727.240(d)(4)
-
"letter of credit instrument specified in 40 CFR
264.15
1
(d),
and the standby trust..
.."
Add "incorporated by reference in 35
Ill.
Adrn.
Code
724.25
1,"
after 40 CFR 264.15
l(d).
7.
Page
6207727.240(d)(5)
-
"720.1
1 1
(b)" change to
"724.25
1
."
8.
Page
621,727.24O(d)(7)(A)
-
"720.1
1 1
(b)"
change to
''724.25
1
."
9.
Page
621,727.240(d)(7)(B)
-
"subsection
(d)(6)(B)(i)
of this Section" change to
"subsection
(n)(l)
of this Section."
Page
626,727.240(h)(7)(A)
-
"a facility owner or operator may meet the requirements of
this Section" change to "a facility owner or operator may meet the requirements of
subsection (h) of this Section."
Page 626,
727.24O(h)(7)(A)
-
"
in subsections
(h)(6)(A)
through
(h)(6)(C)
of this
Section." There is no
(h)(6)(C);
change to "in subsections
(h)(6)(A)
through
(h)(6)(B)
of
this Section."
Page
626,727.240(h)(7)(A)
-
"720.1
1
1
(b)"
change to
"724.25
1
."
Page
626,727.240(h)(7)(A)
-
"Regional Administrator" change to "Agency."
Page 627,
727.240(i)(l)
-
"720.1
1
1(b)"
change to "724.25 1
."
Page 629,
727.240(1)(2)
-
"The letter must be worded as set forth in Appendix A,
Illustration A of this Part." Change Illustration "A" to "B."
Page
630,727.240(n)(l)(A)(i)
-
"BOARD
NOTE: It was
necessary
for the Board to
codify 40 CFR
267.143(0(2)(i)(A)(I)
through
(f)(2)(i)(A)(l)(vii)
as subsection
(n)(l)(E)
through
(n)(l)(E)(vi)
of this Section..
.."
Change
"40
CFR
267.143(f)(2)(i)(A)(I)"
to
"40
CFR
267.143(f)(2)(i)(A)(I)(i)."
Change
"(n)(l)(E)"
to
"(n)(l)(E)(i)."
Change
"(n)(
1
)(E)(vi)"
to
"(n)(
1
)(E)(vii)."
Page 632,
727.24O(n)(l)(E)(vii)
-
"BOARD NOTES: Subsections
(n)(l)(E)
through
(n)(l)(E)(vi)
of this Section is derived
fiom
40 CFR
267.143(f)Q)(i)(A)(I)
through
(f)(2)(i)(A)(l)(vi),".
Change
"(n)(l)(E)"
to
"(n)(l)(E)(i)."
Change
"(n)(l)(E)(vi)"
to
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
"(n)(l)(E)(vii)."
Change "40 CFR
267.143(f)(2)(i)(A)(I)"
to "40 CFR
267.143(f)(2)(i)(A)(l)(i)."
Change to
"(f)(2)(i)(A)(l)(vi)"
to
"(f)(2)(i)(A)(l)(vii)."
Page 633,
727.240(n)(4)(B)
-
Change "Regional Administrator" to "Agency."
Page
633,727.240(n)(5)
-
"An
owner or operator who no longer meets the requirements
of paragraph
(f)(l).
.
.."
Change "paragraph
(f)(l)"
to "subsection (m)."
Page 633,
727.240(n)(5)(A)
-
Change "Regional Administrator" to "Agency."
Page
634,727.240@)
-
"p)
Recordkeeping and reporting requirements. See subsection
@)
of this Section."
Delete "See subsection
(p)
of this Section." since this is subsection
(P).
Page
636,727.240(p)(4)(B)
-
Change
"(h)(lO)"
to
"(d)(lO)."
Page
637,727.240@)(6)
-
"the owner or operator must provide alternate financial
assurance that meets the requirements of this Section." Change "this Section" to
"subsection (h) of this. Section."
Page
637,727.24O(q)(l)
-
Change
"720.1
1 1
(b)" to
"724.25
1
."
Page
637,727.240(q)(2)
-
Replace language in
(q)(2)
with the language
from
35
Ill.
Adm.
Code,
724.247(g)(2)
and (3). This change will make it specific to the State of
Illinois.
Page
660,727.Appendix
A. Illustration
A
-
In the paragraph after "[Complete the
following calculations:]," "close of the owner or operator's fiscal year for
whlch
the year-
end financial data show that the owner or operator no longer meets the requirements of
this section." Change the first mention of owner to it possessive form "owner's or
operator's fiscal year." Change "meets the requirements of this section" to "meets the
requirements of subsection (d) of this Section."
Page
662,727.Appendix
A. Illustration A
-
In the paragraph after the signature, name,
title, and date, it says: "After completion, a signed copy of the form must be sent to the
permitting authority of the state or territory where the facility is located." Change
"permitting authority of the state or territory where the facility is located" to the
"Agency."
Page
663,727.Appendix
A. Illustration B
-
"This firm [insert the appropriate of the
following statements..
. ."
Should be a new paragraph.
Page 663,
727.Appendix
A. Illustration B
-
Just before the signature, name, title, and
date,
"727.240(1)"
should be changed to
"727.Appendix
A, Illustration B."
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
30.
Page 664,
727.Appendix
A. Illustration B
-
In the paragraph after the signature, name,
title, and date, it says: "After completion, a signed copy
of
the form must be sent to the
permitting authority of the state or territory where the facility is located." Change
"permitting authority of the state or territory where the facility is
located"
to the
"Agency."
C. RCRA Subtitle D Update
(R06-17)
1.
Sections
811.326(d)
and
(d)(l)
At Sections 81 1.326 (d) and 81 1.326
(d)(l)
the Board proposed the following:
d) All solid wastes that are managed pursuant to a remedy required wxk
pursuant to Section 81 1.325, or pursuant to an interim measure required
&
pursuant to subsection
(a)(3),
shall
must be managed by the owner or operator in a
manner that
filfills
the following requirements:
1) That
-adequately
protects human health and the
environment; and
2) W
It complies with applicable requirements of Part 8 1 1
The Illinois EPA suggests instead the following underlined changes to Sections 81 1.326 (d) and
81 1.326
(d)(l).
The Illinois EPA suggested language eliminates the need for four phrases of
"pursuant to' in one sentence. The language is still consistent
with the meaning and intent of the
regulation, but simplifies the sentence for better understanding. The addition of the phrase "of
this Section" is compatible with changes the Board has made in the remaining regulations. Also,
the suggested language for
(d)(l)
is to match the beginning language of
(d)(l)
with
(d)(2):
d) All solid wastes that are managed pursuant
t
o
w
Section
81
1.325, or
0
subsection
(a)(3)
of
this Section,
&a#
must be managed by the owner or operator in a manner
that
filfills
the following requirements:
1)
-It
adequately protects human health and the
environment; and
2) Th& It complies with applicable requirements of Part 8 1
1.
2. Section 81
1.326(e)(z)(A)
At Section 81 1.326
(e)(2)(A)
the Board proposed the following:
A) The extent and concentration of the
idea&+j
releases;
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
The Illinois EPA believes the original language was correct and suggests that no change be made
to Section 8 1
1.326(e)(2)(A).
The Board's change to the plural form of release only describes
multiple source release
andfor
a continuous single source release. However, groundwater
contamination may be the result of a single and non-continuous release
(e.g.,
spill
from
a tank).
Therefore, the original language was appropriate.
D. RCRA Subtitle C Update
(R06-18)
In order to facilitate future discussions on R06-18, these comments are broken up into three
groups
:
Group 1
:
General Comments;
Group 2: State regulations differ
from
the federal regulations; and
Group 3: Federal (and State) regulations may be incorrect or should be revised
The group number is identified in [brackets] at the end of each comment.
Page 18, Section 702.110: Definitions:
The definition of "RCRA Standardized Permit"
refers to Subpart G of 35
Ill.
Adm.
Code 702. Section 702 does not include a Subpart G.
The correct reference appears to be Subpart G of
70$.
[I]
Page 18, Section 702.110: Definitions:
The definition of "RCRA Standardized Permit"
refers to a uniform portion (of the permit) that is
"issued
in all cases." This is consistent with
the federal regulation at 40 CFR 124.2. However, in order to clarify that a permit may not be
issued in "all cases," it may be preferable revise this sentence to read, "a uniform portion
issued
for
all standardized permits
. . ."
[3]
Page 22, Section
702.120(b)(3)
describes what an applicant must do if they are required to
have a permit
(including
new applicants or permittees with expiring permits). The federal
equivalent at 40 CFR
270.10(a)(3)
states that an application for new or expiring permits must
meet the requirements of this section and 270.70 through 270.73. The following comments
pertain to the State regulations at Section
702.120(b)(3)
and its federal equivalent:
a.
The federal regulation 40 CFR
270.10(a)(3)
says an applicant must comply with the
requirements of sections 270.70 through 270.73. These regulations are in 40 CFR
270 Subpart G, and pertain solely to facilities with Interim Status. However, the
federal
regulations
(revised by FR Vol. 70, No. 173, page 53474, Sept. 8,2005)
would apply these standards to facilities applying for a new permit, or sites with an
expiring permit. It appears that the requirement to comply with the interim status
standards (270.70
-
270.73) may be more appropriate under
270.10(a)(2J
since this
section specifically refers to a facility with interim status that is applying for a permit.
Of course, this begs the question of what information should be provided in an
application for a new facility or an existing facility that wants to renew an expiring
RCRA permit (see comment (c) below). [3]
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
b.
The State regulation 35
Ill.
Adm. Code
702.120(b)(3)
also requires new facilities or
those with expiring permits to comply with the interim status requirements at 35
Ill.
Adm. Code 703.153
-
703.157 (the State equivalent to 40 CFR 270.70
-
270.73).
However, it also requires these facilities to comply with Sections 702.120
thru
702.124, 703.125, 703.126,
703.150,703.151,
703.152, 703.186, and703.188. These
regulations are not specifically cited in 40 CFR
270.1
O(a)(3).
Therefore, even if the
equivalent federal regulation (40 CFR
270.10(a)(3))
is
fimdamentally
flawed (because
a new facility or one with an expiring permit would not follow the interim status
requirements), the Illinois equivalent is not consistent with it.
[2]
c. As proposed, 35
Ill.
Adm. Code
702.120(b)(3)
leaves out a significant amount of
critical information that needs to be provided in an application for a new or expiring
permit.
7OZ.lZO(b)(3)
should be revised to require the applicant to address the
requirements in 35
Ill.
Adm. Code 702 Subpart B: Permit Applications and 35
Ill.
Adm. Code 703 Subpart D: Applications, not just portions of Parts 702 and 703. A
similar revision should be made to 40 CFR 270.1
0(a)(3).
[31
4.
Pages 46, Subpart C:
Page 46 indicates that Subpart C of 35
Ill.
Adm. Code Part 703 has
been renamed "Special Forms of Permits." However, page 69 also indicates that Subpart E
of 35
Ill.
Adm. Code Part 703 has been renamed "Special Forms of Permits." This later
change (the renaming of Subpart E) is consistent with the equivalent federal regulations (see
page 53475) and the Table of Contents for Part 703. It is suggested that Subpart C of Part
703 NOT be renamed as proposed on page
46:
[2]
5.
Page 46, Section 703.144:
It appears that the contents of Section 703.144 were inserted into
the wrong part of the State regulations. Page 53475 of FR Vol. 70, No. 173, Sept. 8,2005
indicates a new section, 40 CFR 270.67, was added to Subpart F of
270.
The equivalent
section of the State regulations is Subpart E of 703 (newly renamed "Special Forms of
Permits").
However, the wording in 40 CFR 270.67 was inserted into Subpart C of
703
as 35
Ill.
Adm. Code 703.144. In order to be consistent with the federal regulations, the wording in
.
Section 703.144 should be deleted, and moved to Subpart E of Part 703. [NOTE: See
comment regarding Page 110, Section
703.350(~)(6).]
[2]
6.
Page 51, Section
703.191(a):
R06-18 proposes to add several sentences to the end of this
section. The last sentence in the proposed addition to
703.191(a)
is a duplication of the
sentence before the proposed addition: "The requirements of this section do not apply to
. .
."
This is not consistent with the equivalent regulation at 40 CFR
124.3l(a).
One of these
sentences should be omitted
from
Section
703.191(a),
probably the one that appears first.
121
7.
Page 59, Section 703.208:
This section makes a reference to Section
703.310(a)(l)(A).
The
proposal does not have a Section 703.310, nor do the existing regulations. [3]
8.
Page 70, Section 703.221:
This section also makes a reference to Section
703.310(a)(l)(A).
Please see comment number 7 immediately above. [3]
9.
Page 71, Section 703.232:
Same comment as numbers 7 and 8 above. The correct citation
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
may actually be to Section
703.320(a)(l)(A).
At the
end'of
the opening paragraph there is a
new reference to
270.10(1).
Should this actually be
270.10(a)(l)
or some other subsection?
10. Page 84, Section
703.272(c)
refers to Section
705.301(b)(2).
However, Section
705.301(b)
does not include a subsection
(b)(2).
The equivalent federal regulation 40 CFR
270.41(b)(3)
refers to
124.202(b). In order to be consistent with the federal regulations, Section
703.272(c)
should be revised to reference Section
705.301(g)(2).
[21
1
1.
Page 109, Section
703.350(c)
states, "The following provisions of this part 270 and 35
111.
Adm. Code 702 apply to a RCRA Standardized Permit." The reference to the federal
regulation 40 CFR 270 should be deleted and replaced with a reference to the appropriate
section of the State regulations, (35
Ill.
Adm. Code
703).
[21
12. Page 109, Section
703.350(~)(1),
General Information: The equivalent federal regulation
at 40 CFR
270.260(a)
states, "Subpart
A
-
General Information: All sections" (apply to
Standardized Permits). However, Section
703.350(~)(1)
references a number of the State
regulations that are not consistent with the corresponding federal regulations at 40 CFR 270
Subpart
A
(Subpart A includes 270.1,
thru
270.6). When these federal regulations were
compared to the Illinois regulations cited in Section
703.350(~)(1),
the correlations in the
following table were identified. In order to be consistent with the federal regulations, 35
Ill.
Adm.
Code
703.350(~)(1)
should be revised to identify the regulations in the table below.
PI
40 CFR
35 IAC
270.5
I ?
See Memorandum of Agreement (MOA)
1
270.6
1
702.104.703.110
270.1
270.2
1
35
Ill.
Adrn. Code
703.350(~)(1)
also referenced additional regulations that do not have
equivalent regulations in Subpart A of
40
CFR 270. Therefore, in order to be consistent with
the federal regulations, the following references should be removed from Section
703.350(~)(1):
703.121, 703.122,703.123,703.124, 703.158,
703.159, 703.160,
703.161(a)
702.110
The reference to "Subpart B of this Part."
Only Sections
703.121
through
703.124
in
Subpart B of 703 correspond to 40 CFR 270.1.
270.3
270.4
The reference to Sections 703.153 through 703.160. As noted in the above table, only
Sections 703.158, 703.159, and 703.160 correspond to a federal regulation in Subpart A
of
270;
in this case 40 CFR
270.1.
Note: the Interim Status requirements at Sections
703.153
-
703.157
are specifically addressed in Section
703.350(~)(7);
therefore, it is not
clear why these requirements would also be included in Section
703.350(~)(1).
Non Delegable (compliance with other federal laws)
702.181
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
The reference to Subpart A of 35
Ill.
Adm. Code 702. Only Sections 702.104 and
702.1
10
in Subpart A of 35
Ill.
Adm. Code 702 correspond to an equivalent federal
regulation in Subpart A of
40
CFR 270.
[2]
13.
Page 109, Section
703.350(~)(3),
Permit Conditions:
The equivalent federal regulation at
40 CFR
270.260(c)
states, "Subpart C
-
Permit Conditions: All sections" (apply to
Standardized Permits). When these federal regulations were compared to the Illinois
regulations cited in Section
703.350(~)(3),
the correlations in the following table were
identified. This comparison showed that in order to be consistent with the federal
regulations, 35
Ill. Adm. Code
703.350(~)(3)
should be revised to include a reference to
702.164. [2]
14.
Page 110, Section
703.350(~)(5)
refers to Subpart 35 IAC 703.125 and
703.161.
The correct
references are
702.125
and
702.16
1.
[2]
1
15.
Page 110, Section
703.350(~)(6)
states that it is derived from 40 CFR 270 Subpart F
-
Special Forms of Permits: Section 270.67. 35 IAC
703.350(~)(6)
then refers to 703.233 as the
corollary to 40 CFR 270.67. However, section 703.233 does not exist. It appears that the
wording in 703.144 was meant to be inserted as 703.233.
[NOTE:
See comment regarding
Page
46,703.144.1
[21
16.
Page 110, Section
703.350(~)(8)
states that no provisions derived from Subpart H of
40
CFR 270 apply. But it then goes on to reference Subpart H
(RAPPs)
of 35 IAC 703. This is
confusing and should be revised to read
".
. .
No provisions from Subpart H of 35 IAC 703
apply."
[2]
40 CFR
270.30
17.
Page 110, Section
703.350(~)(9)
states all provisions derived
fi-om
Subpart J of
40
CFR 270
apply. Section
703.350(~)(9)
is consistent with the federal equivalent at 40 CFR
270.260(i).
Still, it is confusing why Subpart J of 35 IAC 703 (40 CFR 270) is referenced in this section
when 35 IAC 703.350 (40 CFR 270.260) is in Subpart J.
PI
35 IAC
702.140,702.141,
702.142,702.1437
702.144,
18.
Page 110, Section
703.351(a):
This section states that the
ownerloperator
may apply for a
standardized permit by following the procedures in Subpart G of 35
Ill.
Adm. Code 705. The
equivalent federal regulation at 40 CFR 270.270 says you may apply for a standardized
permit by following the procedures in 124 and Subpart G of this Subpart (40 CFR 270). Two
comments are offered here:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
a.
It is not clear if this section is consistent with the federal regulations because the
federal regulations refer to two Subparts, 124 and Subpart G of
270,
while Section
703.351(a)
only refers to one Subpart, Subpart G of 705. Are the applicable portions
of
40
CFR 124 and Subpart G of
270
both incorporated into Subpart G of 35
Ill.
Adm. Code 705, or should portions of Parts 702 and 703 also be referenced here?
[21
b.
The federal equivalent of Section
703.351(a)
at 40 CFR 270.270 refers to Subpart G
of
40
CFR 270 as the procedures for applying for a standardized permit. However,
Subpart G in Part 270 pertains to Interim Status. Though apparently inconsistent with
the federal regulations, the State regulations (correctly) do not refer to the equivalent
interim status regulations at Sections 703.153
thru
703.157. It appears the correct
reference in 40 CFR 270.270 would be to Subpart J of 40 CFR 270.
[2,31
19. Page 111, Section
703.351(b)(6):
This State regulation refers to the federal regulations at 40
CFR Parts 270.280 and 267. The Illinois equivalent regulations need to be cited here. It
appears that Section 703.35
1(b)(6)
should be revised to reference Section
703.351(c)
and
Part 727.
20. Page 111, Section
703.351(b)(7)
refers to the federal regulations 40 CFR Part 267 Subpart
G. There is no Subpart G in the corresponding Illinois regulation (Part 727). It appears that
Section
703.351(b)(7)
should be revised to reference 35
Ill.
Adm. Code 727.210.
21. Page 114, Section
703.352(a)(12)
requires the facility to keep a description of how the
personnel training program meets the requirements of 35
Ill.
Adm. Code 727.1
lO(g)(l)(C).
The corresponding federal regulation 40 CFR
270.290(1)
refers to
267.16(a)(3).
However,
neither 40 CFR
267.16(a)(3)
or 35
Ill.
Adm. Code
727.1
1
O(g)(l)(C)
actually exist. Using the
personnel training requirements in 35
Ill.
Adrn. Code
724.116(a)(3)
as a guide (as it appears
Part 727 does), 40 CFR
270.290(1)
and 35
Ill.
Adm. Code
703.352(a)(12)
should be revised
to reference 40 CFR
267.16(a)(2J,
and 35
Ill.
Adm. Code 727.1
lO(g)(l)(B).
[3]
22. Page 120, Section 703.353 refers to 35
Ill.
Adrn. Code 704.304 as the procedures for
modifying a standardized permit. However, Part 704 does not include a Section 704.304.
Based on the equivalent federal regulations at 40 270.320, which references 124.21
1
-
124.214, Section 703.353 should be revised to reference Section
705.304.
[2]
23. Page 225, Section
705.128(~)(1):
The last sentence refers to Subpart G of 35
Ill.
Adm. Code
.
702. However, Part 702 does not include a Subpart G. Based on the equivalent federal
regulations at 40 124.5, which references 40 CFR 124 Subpart G, Section
705.128(c)
should
be revised to reference Subpart G of 35
Ill.
Adm. Code
705.
[2]
24. Page 225, Section
705.128(c)(l),
as currently written, is confusing and not consistent with
the corresponding federal regulation at 40 CFR 124.5. More specifically, the last sentence in
Section
705.128(~)(1)
implies that the Agency and permittee must comply with certain
standardized permits requirements for all reissued permits. In order to make Section
705.128(~)(1)
consistent with the federal regulations, it is recommended that the reference to
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
Section
703.272(c)
in the first sentence of Section
703.128(c)(l)
be deleted, and the last
sentence be revised to read "In the case of permits reissued pursuant to 35
Ill.
Adm. Code
703.272(c),
the Agency and permittee must comply with the appropriate requirements in
Subpart G of 35
Ill.
Adm. Code
705
for a RCRA standardized permit." [2]
25.
Page 227, Section
705.300(a)(2)(A)
refers to 35
Ill.
Adm. Code 727.201. Part 727 does not
include a Section 727.201. Based on the equivalent federal regulations at 40 124.200, which
references 40 CFR 267.1 10, Section
705.300(a)(2)(A)
should be revised to reference 35
111.
Adm. Code
727.190.
[2]
26.
Page 229, Section 705.30100):
This section currently reads "Switching
from
my
individual
.
RCRA permit to a RCRA standardized permit." It is recommended that the word "my" be
replaced with "an" individual RCRA permit.
[I]
27.
Page 229, Section
705.301(b):
Switching to a standardized permit.
This section states
that where all units in the RCRA permit are eligible for a standardized permit, the
ownerloperator
may request the Agency to reissue its individual permit as a standardized
permit in accordance with Section 705.128. However, Section
705.128(a)
has limitations on
the reasons a permit may be modified or reissued, and it does not include a reference to the
procedures for switching to a standardized permit in Section
705.301(b).
To address this
issue, two options are offered:
a.
Revise Section
705.128(a)
to include a reference to Section
705.301(b);
or
b.
Move Section
705.301(b)
to Part 703 Subpart G: Changes to Permits (possibly in
Section
703.272(c))
and replace it with a brief reference to the proper section of Part
703. If this option is followed, it will be necessary to make sure the new location is
referenced in Section 705.128.
[2,3]
28.
Page 229, Section
705.301(b):
Switching to a standardized permit.
The federal equivalent
at 40 CFR 124.203 states that when all of the units in a RCRA permit are transferred to a
standardized permit, the individual permit is revoked and reissued. However, Section
705.301(b)
does not include wording stating that the initial permit is "revoked." Therefore, it
is not consistent with the equivalent federal regulation. It is recommended that this section
be revised to indicate how the initial RCRA permit should be handled in this situation and
reference the regulation that pertains to the revocation, termination, or ending of a permit.
[21
29.
Page 229, Section
705.30100):
Switching to a standardized permit.
This section states
that where only some of the units in a permit are eligible for the RCRA standardized permit,
the
ownerloperator
may request that the Agency modify its individual permit to no longer
include those units and issue a standardized permit for those units in accordance with Section
705.302(a).
This raises two issues:
a. What procedures should be followed to modify the initial permit? For example,
should Section 705.128 be referenced here?
[2,3]
b.
The reference to the procedures at Section
705.302(a)
(Agency preparation for a draft
standardized permit) does not appear to be correct. The reference to
705.302(a)
is
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
consistent with the equivalent federal regulation 40 CFR 124.203, which refers to
124.204. However, the more appropriate reference appears to be 40 CFR 124.202
and 35
Ill.
Adm. Code
705.301(a).
For example, could the Agency simply issue a
draft standardized permit upon a request
from
an
ownerloperator
without first
receiving a permit application that is accompanied by all of the required information?
PI
30.
Page
231,
Section
705.302(a)(4)(1)
indicates that all subsections of Section
705.144
(Administrative Record for
Draft
Permits or Notices of Intent to Deny) apply. However, the
corresponding federal regulation at 40 CFR
124.204(d)(9)
states, "All paragraphs (of
40
CFR
124.9) apply; however, in the context of RCRA standardized permits, the reference to draft
permits is 40 CFR
124.204(c)
instead of 124.6." Therefore, this subsection of the State
regulation is not identical in substance to the equivalent federal regulation and should be
revised accordingly. NOTE: This type of "exception statement" for a standardized permit is
made in the preceding Section
705.302(a)(4)(H)
(40 CFR
124.204(d)(8)).
[2]
3 1.
Page 231, Section
705.302(a)(4)(5)
states only Sections
705.163(a)(2)
and
705.163(a)(4)
apply to the RCRA standardized permit. The equivalent federal regulation 40 CFR
124.204(d)(10)
refers to 40 CFR
124.10(c)(l)(ix)
and
(c)(l)(x)A).
These federal sections
correspond to the State regulations in Sections
705.1630(4)
and
705.163(a)(WA).
Therefore, Section
705.302(a)(4)(J)
should be revised to reference Sections
705.163(iJ4)
and
705.163(a)(5)(A)
in order to make it consistent with the federal regulations.
PI
32.
Page 232, Section
705.302(b)(6)
refers to Sections
705.183,705.183(b)(3),
and
7O5.l83(c).
The corresponding federal regulation at 40 CFR
124.205(f)
references several subsections of
40 CFR 124.14. The equivalent State regulations to 124.14 are 35
Ill.
Adrn. Code
705.184.
Therefore, Section
705.302(b)(6)
should be revised to reference Sections 705.184,
705.184(b)(l),
705.184(b)(3)
and 705.1
84(c)
in order to make it consistent with the federal
regulations.
[21
33.
Page 232, Section
705.302@)(6).
Although this section is consistent with the corresponding
federal regulations, it is difficult to follow. Also, when it states "the reference in Section
705.183@)(3)
to reopening the comment period is Section
705.303(b),"
it does not indicate
what Section
705.303(b)
is used instead of like the other portions of this regulation do. It is
also recommended that this paragraph be broken down into an outline format
@)(6)(i),
(b)(6)(ii),
etc. to clarify its intent. [3]
34.
Page 232, Section
705.302(b)(8)
states that all subsections of Section 705.183 apply. The
corresponding federal regulation at 40 CFR
124.205(h)
states all sections of
40
CFR 124.16
apply. The equivalent State regulation to 40 CFR 124.16 is 35
Ill.
Adm.
Code
705.202.
Therefore, Section
705.302(b)(8)
should be revised to reference
705.202
in order to make it
consistent with the federal regulations.
[2]
35.
Page 233, Section
705.302(~)(3)
refers to "this subsection
(b)(3)."
The correct reference is
(9(3).
[
1
I
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
36.
Page 237, Section 705.304
is titled "Maintaining a RCRA Standardized Permit." This
section is consistent with the equivalent federal regulation at 40 CFR 124.21
1. However, this
,
section clearly discusses the requirements for modifying a standardized permit, not
maintaining one. In order to more easily identify the correct section of the regulations when
searching for the procedures to modify a permit, it is recommended the title of Section
705.304 be revised to read,
"Modifving
a RCRA Standardized Permit."
PI
37.
Page 240:
The Table of Contents for 35
Ill.
Adm. Code 720 does not include the new Section
720.104, Electronic Document Filing.
[I]
38.
Page271,
Section
720.1
11
:
The citation for NFPA is incorrect. Our current version of
Section 720.1 1 1 references the July 18,2003 version. Furthermore, the proposed version
appears to limit NFPA to certain sections. Section 724.276 should be included if
ths
is the
way the Board wishes to proceed.
[1,3]
39.
Page 585, Section
727.100(b)
references 35
Ill.
Adm. Code
703.15
1. However, the
corresponding federal regulation at 40 CFR 267.2 refers to 40 CFR 270.70. The equivalent
State regulation to 270.70 is 35
Ill.
Adm. Code
703.153.
Therefore, Section
727.100(b)
should be revised to reference 35
Ill.
Adm. Code
703.153
in order to make it consistent with
the federal regulations.
[2]
40.
Page 585, Section
727.100(b)
refers to 40 CFR Part 265. It appears
ths
subsection should
reference the State regulations at 35
Ill.
Adm.
Code Part 725.
[I]
41.
Page 585, Section
727.100(b):
States that a facility with interim status must comply with the
requirements of 35
Ill.
Adm. Code 725 instead of 727
. . .
except as provided in Subpart S
of 35 Ill. Adm. Code 724.
This is consistent with the corresponding federal regulation at 40
CFR 267.2. However, it is unclear why a regulation directed at a facility with interim status
(Section
727.lOO(b))
would refer to the Special Provisions for Cleanup (the regulations for
CAMUs,
temporary units, etc.) in Subpart S of Part 724 (or 40 CFR 264). Neither Subpart S
of Part 724 nor Section 725.101 (Purpose, Scope, and Applicability) make any reference to
an exception to the interim status standards in Subpart S of Part 724.
[3]
42.
Page 589, Section
727.110(f)(l)(B):
The second sentence in this subsection states, "The
owner or operator must conduct these inspections often enough to identify problems in time
to correct them before they result in harm to human health and the environment." This is
consistent with the corresponding federal regulation at 40 CFR 267.15. However, it is clear
from
reading this regulation, that the frequency of inspections
(e.g.
often enough to identify
problems in time to correct them before.
. .)
referenced in subsection
(f)(l)(B)
applies to all
of Section 727.1
10(f)(l),
not just subsection (B). Therefore, it is recommended that the last
sentence in
(f)(l)(B)
either be included in Section
(f)(l)
or made into a new paragraph after
(B) in order to clarify that it applies to both (A)
&
(B).
[3]
43.
Page 593, Section
727.130(b):
The last sentence in this subsection states
".
. .
human health
and
the environment." The corresponding federal regulation at 40 CFR
267.3
1 reads
".
. .
human health
or
the environment." As currently written, Section
727.130(b)
is not consistent
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
with the federal regulations, and could be considered to be less stringent than the federal
equivalent. The last sentence in Section
727.13O(b)
should be revised to read "human health
or the environment." Note: the corresponding regulation for other permitted facilities at 40
-
CFR 264.3 1 (35
Ill.
Adm. Code
724.13
1) also reads "or" in this requirement.
[2]
44.
Page 596, Section
727.150(b)(l)
&
(2):
These subsections both state
" . . .
human health
and
the environment." The corresponding federal regulations at 40 CFR 267.5
1(a)
&
(b) read
". .
.
human health
or
the environment." Subsections
727.150(b)(l)
&
(2) should be revised to
read
". . .
human health
or
the environment." in order to make them consistent with the
federal regulations.
PI
45.
Page 599, Section
727.150(g)(3):
This subsection states "If the emergency coordinator
determines that the facility has had a
release,fire,
or explosion which could threaten
a
violation of the Act or Board regulations
. .
."
The corresponding federal regulation at 40
CFR
267.56(c)
reads
".
. .
which could threaten human health or the environment.
.
."
It is
not clear why this revision was made to this particular subsection, or whether it is less
stringent than the federal equivalent. It is recommended that subsection
727.150(g)(3)
be
revised to read
". . .
which could threaten human health or the environment.
. ."
in order to
make it consistent with the federal regulations.
[2]
46.
Page 606, Section
727.170(f)(l),
Biennial Report:
This subsection states, "The report must
cover facility activities during the previous calendar year and must include the following
information:" This is consistent with the equivalent federal regulation at 40 CFR
267.75(a).
Thus, as written, the Agency
(andfor
USEPA)
would only receive information regarding
facility activities for every other year.
The federal regulations for other permitted facilities at 40 CFR
270.30(1)(9)
and 264.75
require a
biennial
report. However, the State equivalents at 35
Ill.
Adm.
Code
703.246(c)
and 724.175 require an
annual
report be provided. Therefore, in order to be consistent with
the existing State regulations for other permitted facilities, and in order to receive
information regarding facility activities for each year, Section
727.170(f)(l)
should be
reworded to specify that an annual report must be provided.
[2]
47.
Page 607, Section
727.190(b)
thru (k), Reserved Sections:
The State regulations spend an
entire page stating that subsections (b) thru (k) are reserved and that this statement maintains
structural consistency with the corresponding federal rules. However, the equivalent federal
regulation simply reads "40 CFR 267.91
-
267.100
[Reserved]
."
It is recommended that the
State equivalent be simplified to read similar to the federal equivalent.
[I]
48.
Page 608, Section
727.190(1)(2)
and (4):
These subsections reference subsection (m).
However, this section does not include a subsection (m). The equivalent federal regulation
simply refers to "this section." It is recommended that Sections
727.190(1)(2)
and (4) be
revised to reference "this Section" (instead of subsection (m)) in order to make them
consistent with the equivalent federal regulation.
[21
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
49.
Page 611, Section
727.210(~)(3)
&
((3)(B):
These subsections refer to the applicable permit
modification requirements at
705.304(a).
This is consistent with the equivalent federal
regulation at 40 CFR
267.1
12(c),
which references 40 CFR
124.2
1 1. However, Sections
705.304(a)
and 40 CFR 124.21
1 are the definitions of the types of standardized permit
modifications, NOT the procedures for modifying a permit. It is recommended that Section
727.210(c)
be revised to reference
705.304.
The equivalent reference in the federal
regulations appears to be 40 CFR
124.212.
PI
50.
Page 614, Section
727.210(h):
This section is consistent with the equivalent federal
regulation at 40 CFR
267.1
17. However, the last sentence of this section is confusing. It
states that the
ownerloperator
must furnish documentation in support of the independent PE's
certification upon request until the Agency releases the
ownerloperator
from the financial
assurance requirements for closure.
A better way to say this could be: "the
ownerloperator
must provide documentation in
support of the independent PE's certification to the Agency when the certification of closure
is submitted. If the certification of closure is acceptable, the Agency will release the facility
from
the financial assurance requirements under Section
727.24O(d)(l
O)."
[3]
51.
Page 614, Section
727.210(h):
The last sentence of this section refers to Section
727.240(d)(9)
as the procedures for the releasing the facility's financial assurance. This is
consistent with the equivalent federal regulation at 40 CFR 267.117, which references 40
CFR
267.143(i).
However, Sections
727.240(d)(9)
and 40 CFR
267.143(i)
pertain to
financial assurance for multiple facilities rather than procedures for releasing a facility's
financial assurance. It is recommended that Section
727.210(h)
be revised to reference
Section
727.240(d)(N).
The equivalent reference in the federal regulations appears to be 40
CFR
267.1430.
[3]
52.
Page 640, Section
727.270(e):
The last sentence of this section requires the
owner/operator
of a facility that stores or treats ignitable or reactive waste in containers to follow the general
requirements for ignitable or reactive wastes at Section 727.1
10(h)(l).
This is consistent
with the federal regulation 40 CFR
267.174
that refers to
267.17(a).
However, subsection
727.1
10(h)(2)
[40 CFR
267.17(b)]
also includes general requirements for the management of
ignitable and reactive wastes. Furthermore, Section 727.1 1
O(h)(3)
[40 CFR
267.17(c)]
requires the facility to document compliance with the previous two paragraphs in this section.
That is, what is commonly referred to as the "general requirements for ignitable or reactive
wastes" comprise all of Section 727.1 1
O(h)
[40 CFR 267.171, not just the first subsection.
Therefore, it is recommended that Section
727.270(e)
be revised to refer to Section
727.1
10(b),
not just a portion of subsection (h).
,
[3]
53.
Page 650, Section
727.290(k)(S)(A):
This subsection references subsections
(k)(5)(B)
or
(k)(5)(C).
The equivalent federal regulation at 40 CFR
267.200(e)(l)
references the
corresponding paragraphs
(e)(2)
and
(e)(3).
Therefore, Section
727.29O(k)(5)(A)
should be
revised to reference subsections
(k)(5)(B)
(k)(5)(C)
in order to make it consistent with
the federal regulations. [2]
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
54. Page 650, Section
727.290(k)(5)(C):
The end of this subsection includes the word "and,"
inferring that the next subsection (6) is tied to it. The
equivalent
federal regulation at 40 CFR
267.200(e)(3)
does not include the word "and" at the end of the section. Therefore, the word
"and" should be deleted
from
the end of Section
727.290(k)(5)(C)
in order to make it
consistent with the federal regulations. [2]
55. Page 651, Section
727.290(rn)(l):
States "the
owner/operator
may not place ignitable or
reactive waste in tank systems
unless
any of the following three conditions are
fulfilled:"
The equivalent federal regulation at 40 CFR 267. 202 ends
after
the word
"unless,"
and
includes
the word
"oryy
after each of the first two options. The way Section
727.290(m)(l)
is
written, and the use of the word "any" in it makes it more confusing than the equivalent
federal regulation.
[21
56. Page 656, Section
727.900(e):
subsection (e) contains the alternate secondary containment
requirements for containment buildings. It states, "the Agency must, in writing, allow the
use of alternatives to the requirements for secondary containment
. .
."
The equivalent
federal regulation at 40 CFR 267.1 104 states, "the Regional Administrator may waive the
requirements for secondary containment
. .
."
Therefore, as written, the requirements in
727.900(e)
are not consistent and are arguably less stringent than the equivalent federal
regulations. Section
727.900(e)
should be revised to read, "Agency
mav
waive the
requirements for secondary containment
. .
."
in order to be consistent with the federal
regulations.
[21
Note: This same issue regarding the use of the words "must" and "may" exists in 35
Ill.
Adm. Code
724.1
10
1
(e) and the equivalent federal regulation at 40 CFR 264.1 101
(e).
Therefore, it is recommended that the
PCB
also investigate the equivalency of the wording
at Section 724.1
101(e).
57. Page 658, Section
727.900(h):
Section (h) states
"A
containment building can
serv,e
as an
adequate secondary containment system for a tank placed within the building under both of
the following conditions." The wording "under both of the following conditions:" is
confusing and, as written, subsection (h) is not consistent with the federal regulation at 40
CFR 267.1 107. Therefore, Section
727.900(h)
should be revised to'read, "A containment
building
can serve as a secondary containment system for a tank placed within the building if
both of the following conditions are met:" in order to make it consistent with the federal
regulations. [2]
58. Page 658, Section
727.900(h)(l):
Section
(h)(l)
states, "The containment building can serve
as an external liner system for a tank if it meets the requirements of Section
727.290(g)(l):
and" This is consistent with the equivalent federal regulation at 40 CFR 267.1
107(a),
which
refers to 40 CFR
267.196(a).
However, the requirements for external liner systems for tanks
are found at Section
727.290(g)(2)
and 40 CFR
267.196@).
Therefore, it appears 40 CFR
267.1
107(a)
and Section
727.900(h)(l)
reference the wrong subsection of the tank
regulations and should be revised to reference 40 CFR
267.196@)
and 35
Ill.
Adm. Code
727.290(g)(Z),
respectively.
PI
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
59.
Page
658,
Section
727.900(h)(2):
subsection
(h)(2)
states, "The containment building also
meets the requirements of Sections
727.290(f)(l),
(f)(2)(A),
and
(f)(2)(B)."
This is
consistent with the equivalent federal regulation at 40 CFR 267.1
107(b),
which refers to 40
CFR
267.195(a),
(b)(l)
&
(2). However, section
727.290(0(2)
(and the federal equivalent)
states that in order to meet the requirements of
(f)(l),
all
of the requirements of
(f)(2)
(i.e.,
subsections
(f)(2)(A)
thru
(f)(2)(D))
must be met. The requirements in Section
727.900(h)(2)
(and the federal equivalent) are not internally consistent, and appear to contradict themselves.
It appears that 40 CFR 267.1
107(b)
and 35
Ill.
Adm. Code
727.900(h)(2)
reference the wrong
subsections of the secondary containment regulations for tanks. They should be revised to
reference 40 CFR
267.195(a)
and (b) and 35
Ill.
Adm.
Code
727.290(f)(l)
and
(f)(2),
respectively.
It should be noted that subsections (C)
&
(D) of Section
727.290(f)(2)
-
the requirements that
were
not
included in
727.900(h)(2)
-
describe basic design standards that are included in the
secondary containment system requirements for containment buildings at Section
724.1
101(b). In addition, the design standards in subsection (D) are also required for
container and tank systems in both 724
&
727. Hence, it is unclear why these design
requirements would not apply to a containment building functioning as a secondary
containment system for a tank system in 727.
[3]
60.
General:
As noted in several of the comments above, tracking down the regulations in 35
Ill.
Adm.
Code that correspond to the various sections of
40
CFR Parts 124, 144, and 270 can
be very confusing and time consuming. Therefore, it is recommended that the Board develop
and maintain a table that relates the federal requirements to the equivalent state requirements
-
section by section
-
so that a direct comparison of the requirements can be made quickly
and easily. A table such as this should also be helpful in reviewing future adoptions of
USEPA
regulations. Perhaps it could be posted on the Board's
webpage.
[I]
E. Illinois
EPA's
Response to the Board's Request for Comments on Renumbering the
Hazardous Waste Regulations
The Illinois EPA does not believe that it would be beneficial to renumber all of the
existing hazardous waste regulations. The regulations are already difficult enough to follow due
to how differently they are structured compared to the federal requirements. Additionally, the
regulated community and the Illinois EPA have become familiar with the existing numbering
system and to change it at this juncture could be very confusing.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
~ssistadt
Counsel
V
Division of Legal Counsel
DATED: June 30,2006
102
1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(2 17) 782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 30, 2006
* * * * PC #1 * * * *
STATE OF ILLINOIS
)
1
COUNTY OF
SANGAMON
1
PROOF
OF
SERVICE
I, the undersigned, on oath state that I have
sewed
the attached COMMENTS
upon the persons to whom they are directed, by placing a copy of each in an envelope
addressed to:
Dorothy
Gum,
Clerk
General Counsel
Illinois Pollution Control Board
Illinois Dept. of Natural Resources
James R. Thompson Center
One Natural Resources Way
100 W. Randolph, Suite 11-500
Springfield, Illinois 62702-1271
Chicago, Illinois 60601
Matt
Dunn
Michael
McCambridge
Environmental Bureau Chief
Illinois Pollution Control Board
Office of the Attorney General
100
W.
RandolphSt.
James R. Thompson Center
Suite 11-500
100
W.
Randolph, 12" Floor
Chicago, Illinois 60601
Chicago, Illinois 60601
and mailing them (First Class Mail)
from
Springfield, Illinois on June 30,2006, with
sufficient postage affixed as indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
.
..-~+++oo~~*~~~
* * * * PC #1 * * * *
