ILLINOIS POLLUTION CONTROL BOARD
    September 7, 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)
    ORDER OF THE BOARD (by G.T. Girard):
    This matter is before the Board on the Board’s own motion. The Board finds it necessary
    to further extend the deadline for ultimate filing of amendments in this matter until December 6,
    2006. By this order the Board extends the deadline for adoption of the pending amendments and
    sets forth the reasons for delay.
    The due date for this proceeding was based on the earliest federal amendments included
    in this rulemaking, the August 5, 2005 federal mercury-containing device amendments to the
    Universal Waste Rule. Section 7.2(b) of the Act (415 ILCS 5/7.2(b) (2004)). The due date for
    filing the completed amendments is one year from that date, so the Board must file the
    amendments with the Office of the Secretary of State before August 5, 2006. To accomplish this
    deadline, the Board must have voted to adopt the amendments before July 5, 2006, in order to
    allow the required 30-day period for the United States Environmental Protection Agency
    (USEPA) to review the amendments before they are filed. This would have required adoption by
    the Board at the regularly scheduled meeting of June 15, 2006.
    By an order dated June 1, 2006, the Board extended the deadline until September 14,
    2006. The Agency had requested that the Board extend the public comment period until June 30,
    2006. If the Board was to allow added time until June 30, 2006, for the Agency to submit its
    comments, the Board had to extend the deadline for Board adoption of the amendments as
    provided in Section 7.2(b) of the Act. The Board then believed that an extension until
    September 14, 2006 would be sufficient. This would have allowed the Board until August 9,
    2006, to evaluate the Agency comments and vote to adopt the amendments, and the 30-day
    period for USEPA review would have ended on September 11, 2006. The Board projected that
    the earliest time for completion of this proceeding and filing of the adopted amendments with the
    Office of the Secretary of State would be September 14, 2006.
    2
    The Board has been evaluating the June 30, 2006 Agency comments, and more time than
    the Board estimated is necessary to evaluate the comments. When the Board made its original
    estimate of the time needed to evaluate the comments, the comments had not been filed. The
    comments are far more extensive than expected.
    At present, the Board hopes to vote to adopt amendments based on the April 6, 2006
    proposal for public comment at the regularly scheduled Board meeting of September 21, 2006 or
    October 5, 2006. After holding the amendments for 30 days to allow USEPA to review them
    before they are filed, the earliest date for filing the amendments with the Office of the Secretary
    of State will be October 25, 2006 or November 8, 2006. However, to accommodate the
    unanticipated possibility for further delay, the Board will extend the deadline for final action
    until December 6, 2006, which would allow the Board to vote to amend the amendments as late
    as the regularly-scheduled meeting of November 2, 2006.
    The Board hereby extends the deadline for completion of this rulemaking under Section
    7.2(b) of the Act (415 ILCS 5/7.2(b) (2004)). The Board also directs staff to cause publication
    of a Notice of Public Information on Proposed Rules in the
    Illinois Register
    , based on this order,
    that sets forth reasons for delay and extends the due date for this proceeding.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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