3

71 Fed. Reg. 40254 (July 14, 2006)

USEPA adopted a number of corrections to various of the hazardous waste and used oil

management regulations.

71 Fed. Reg. 42928 (July 28, 2006)

USEPA amended the definition of hazardous waste to exclude cathode ray tubes (CRTs)

that are managed within specified conditions. USEPA intends to encourage the reuse and

recycling of used CRTs and glass from CRTs.

Completion of Board Adoption of March 5, 2005 Federal Amendments

Additional action is required to complete Board adoption of the March 5, 2005 (70 Fed.

Reg. 10776) USEPA amendments to the manifest system. The Board incorporated the changes

made by USEPA into the Illinois regulations in the consolidated docket, UIC Corrections,

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

USEPA Amendments (January 1, 2005 through June 30, 2005), R06-6, RCRA Subtitle C Update

(January 1, 2005 through June 30, 2005), R06-7 (Jan. 5, 2006) (consolidated). Because USEPA

had codified a newer version of various provisions that would not go into effect until September

5, 2006, the Board found it necessary to depart from the structure of the corresponding federal

regulations and defer removal of lapsing text until after the September 5, 2006 effective date of

the federal amendments. This is the first docket after September 5, 2006 in which the Board may

complete the amendments begun in consolidated docket R06-5/R05-6/R05-7. A table appeared

in the Board’s January 6, 2006 opinion in consolidated docket R06-5/R06-6/R06-7 outlining the

additional amendments necessary to complete work on the March 5, 2005 federal manifest

system amendments. The Board repeats that table below as Table 1, which begins on page 63 of

this opinion.

Correction of Amendments Based on the September 8, 2005

Federal Standardized Permit Rule

On September 8, 2005 (70 Fed. Reg. 53420), USEPA adopted new Standardized Permit

Rule for hazardous waste treatment and storage facilities in a new 40 C.F.R. 267. The Board

adopted the corresponding provisions in the Illinois rules in a new 35 Ill. Adm. Code 727 in the

consolidated update docket, UIC Update, USEPA Amendments (January 1, 2005 through June

30, 2005, R06-16, RCRA Subtitle D Update, USEPA Amendments (January 1, 2005 through

June 30, 2005), R06-17, RCRA Subtitle C Update (January 1, 2005 through June 30, 2005 and

March 23, 2006), R06-18 (Nov. 16, 2006) (consolidated).

On April 5, 2007, the Agency submitted a letter to Board staff relating corrections that

the Agency perceived as necessary in Part 727. The letter raised seven areas of concern over the

Illinois version of the Standardized Permit Rule. The Board entered the letter into the

consolidated docket R06-16/R06-17/R06-18 as PC 3 and into the present consolidated R07-

5/R07-14 docket as PC 1, to give consideration to the issues that the letter raises. The Agency’s

concerns and the Board’s responses are set forth beginning on page 7 of this opinion.

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4

No Later RCRA Subtitle C (Hazardous Waste) Amendments

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 no USEPA actions since

December 31, 2006, that further affect the RCRA Subtitle C hazardous waste rules in a way that

requires immediate Board attention.

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.

In the present instance, the Board has not identified any federal actions that fulfill these

criteria prior to this final action on the present amendments. Thus, the Board has not added

amendments to those proposed on March 20, 2008.

Summary Listing of the Federal Actions Forming the Basis

of the Board’s Actions in This Docket

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

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

March 5, 2005 (70 Fed. Reg. 10776)

Amendments to the hazardous waste manifest

system. (Begun by the Board in consolidated

docket R06-5/R06-6/R06-7 (Jan. 5, 2006) and

concluded in this docket.)

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

The Standardized Permit Rule. (Adopted by the

Board in consolidated docket R06-16/R06-

17/R06-18 (Nov. 16, 2006) and corrected in this

docket.)

April 4, 2006 (71 Fed. Reg. 16862)

Paperwork reduction amendments, primarily

directed towards Environmental Performance

Track Program facilities.

July 14, 2006 (71 Fed. Reg. 40254)

Corrections to various rules.

July 28, 2006 (71 Fed. Reg. 42928)

Conditional exclusion of CRTs that are reused or

recycled from regulation as hazardous waste.

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5

Other Federal Actions Having a Direct Impact on the

Illinois RCRA Subtitle C Regulations

In addition to the amendments to the federal 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, Nuclear Regulatory Commission (NRC) rules, and United States

Department of Transportation (USDOT) 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 2007 edition

for Titles 10, 33, 40, and 49. Each of these is incorporated by reference in Section 720.111 of

the hazardous waste regulations. The Board amends the incorporations of these federal

regulations by reference to include the 2007 edition of the

Code

. This assures that all USDOT

amendments through September 30, 2007, all NRC regulations through December 31, 2006, and

all Coast Guard and USEPA amendments through June 30, 2007, are included in the

incorporations of the pertinent regulations by reference.

As of the date of this opinion and the accompanying order, the Board has found only

minor sets of amendments to the incorporated materials in Section 720.111 past the date of the

2007 edition of the

Code of Federal Regulations

. 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 updated

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 2, which

begins on page 70 of this opinion.

PUBLIC COMMENTS

The Board adopted a proposal for public comment in this matter on March 20, 2008.

Notices of Proposed Amendments relating to this proceeding appeared in the April 11, 2008

issue of the

Illinois Register

, at 32 Ill. Reg. 4915 (Part 703), 4970 (Part 720), 5030 (Part 721),

5174 (Part 722), 5216 (Part 723), 5228 (Part 724), 5429 (Part 725), 5605 (Part 726), 5685 (Part

727), 5697 (Part 728), and 5904 (Part 739). The Board accepted public comments on the

proposal until May 27, 2008, the first business day following 45 days after publication. The

Board here adopts the amendments. 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.

On April 5, 2007, the Agency submitted a letter to Board staff relating to the prior

consolidated update docket, UIC Update, USEPA Amendments (January 1, 2005 through June

30, 2005, R06-16, RCRA Subtitle D Update, USEPA Amendments (January 1, 2005 through

June 30, 2005), R06-17, RCRA Subtitle C Update (January 1, 2005 through June 30, 2005 and

March 23, 2006), R06-18 (Nov. 16, 2006) (consolidated). The Agency letter relates to the

amendments adopted in consolidated update docket R06-16/R06-17/R06-18. The Agency

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6

neither timely filed this letter as a public comment during the comment period of consolidated

docket R06-16/R06-17/R06-18 (

see

35 Ill. Adm. Code 102.108(a)) nor as a motion for

consideration following adoption of the amendments in that docket (

see

35 Ill. Adm. Code

101.520, 101.902, and 102.700).

The Board has regarded the Agency letter as a public comment on the existing rules. The

letter raised seven areas of concern over the amendments adopted in that prior RCRA update.

Thus, the Board has entered the letter into the consolidated docket R06-16/R06-17/R06-18 as PC

3 and into the present consolidated R07-5/R07-14 docket as PC 1, to give consideration to the

issues that the letter raises. The Agency comment is described as follows:

PC 1 April 5, 2007 letter from Kim Geving, Assistant Counsel, Division of Legal

Counsel, Illinois Environmental Protection Agency (received April 10, 2007).

The Board has revised the text of the rules to incorporate some changes based on the

Agency comments and declined to make other changes suggested by the Agency. The

discussion that begins on page 9 of this opinion considers the issues raised by the Agency

comments.

After adoption of the March 20, 2008 proposal for public comment, the Board received

other communications relating to the proposed amendments. These included a series of e-mails

from JCAR, which the Board has docketed as public comments, and a single set of comments

filed by the Agency. These comments are described as follows:

PC 2 April 7, 2008 e-mail from Erin Conley, Board staff,

1

to Michael J. McCambridge,

Board hearing officer, forwarding corrections suggested by Deborah Connelly, JCAR staff.

PC 3 April 8, 2008 e-mail from Erin Conley, Board staff, to Michael J. McCambridge,

Board hearing officer, forwarding corrections suggested by Deborah Connelly, JCAR staff.

PC 4 April 14, 2008 e-mail from Kimberly Geving, Assistant Counsel, Division of

Legal Counsel, Agency, to Michael J. McCambridge, Board hearing officer, forwarding an e-

mail exchange with Deborah Connelly, JCAR staff, regarding issues relating to the text of the

amendments.

PC 5 April 14, 2008 e-mail from Erin Conley, Board staff, to Michael J. McCambridge,

Board hearing officer, forwarding a request by Deborah Connelly, JCAR staff, for clarification

of one aspect of the regulations, with attached April 15, 2008 explanation by Michael J.

McCambridge in direct response.

PC 6 April 14, 2008 e-mail from Erin Conley, Board staff, to Michael J. McCambridge,

Board hearing officer, forwarding April 8, 2008 and April 9, 2008 requests by Deborah

1

Ms. Conley was the Board’s Rules Coordinator through April 15, 2008, when she left to take a

position with the Department of Commerce and Economic Opportunity.

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7

Connelly, JCAR staff, for clarification of one aspect of the regulations and offering a potential

correction, with attached April 15, 2008 explanations by Michael J. McCambridge in direct

responses.

PC 7 April 14, 2008 e-mail from Erin Conley, Board staff, to Michael J. McCambridge,

Board hearing officer, forwarding corrections suggested by Deborah Connelly, JCAR staff.

PC 8 May 20, 2008 “Comments of the Illinois Environmental Protection Agency” from

Kimberly Geving, Assistant Counsel, Division of Legal Counsel, Agency.

In addition to these public comments, the Board received copies of the text of the

amendments from JCAR that indicate revisions that JCAR made to the text of the amendments

before publishing that text in the

Illinois Register

. The Board has interpreted that series of

documents as a series of suggested corrections to the text.

The Agency stated its position on several aspects of the amendments in response to

invitations for comment on specific issues that the Board included in the March 20, 2008

proposal for public comment. A summary of those specific Agency comments appears at the

appropriate segments of the following discussion of the amendments.

The Board has made a number of minor, non-substantive revisions in the text of the

amendments in response to the various documents received from JCAR and the Agency. None

of those revisions warrant specific discussion in this opinion. The Board directs the attention of

interested persons to Table C, which begins on page 135 of this opinion, which is a summary

listing of all changes made in the text of the rules as it appeared in the March 20, 2008 proposal

for public comment. The Board has declined to make a number of suggested revisions. Table D,

which begins on page 148 of this opinion, is a summary listing of all changes that the Board has

declined to make.

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 substantive discussions topically arranged of the substantive amendments and

actions involved in this proceeding. The first substantive discussion addresses the issues raised

by the Agency in PC1. A second substantive discussion considers irregularities in the text of the

rules that the Board has noticed over the last year or so. These are followed by a series of three

substantive discussions of the federally derived amendments involved in this consolidated

docket. This series is organized by federal subject matter, appearing in chronological order of

the relevant

Federal Register

notices involved.

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

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8

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,

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

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9

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 103 of this opinion, and Table B begins on page 118. There is no further

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

Discussion of the Issues Raised by the Agency in PC 1 and

of the Actions Taken in Response in This Docket

On April 5, 2007, the Agency submitted a letter to Board staff relating to the prior

consolidated update docket, UIC Update, USEPA Amendments (January 1, 2005 through June

30, 2005, R06-16, RCRA Subtitle D Update, USEPA Amendments (January 1, 2005 through

June 30, 2005), R06-17, RCRA Subtitle C Update (January 1, 2005 through June 30, 2005 and

March 23, 2006), R06-18 (Nov. 16, 2006) (consolidated). The letter raised seven areas of

concern over the amendments adopted in that prior RCRA update. The Board entered the letter

into the consolidated docket R06-16/R06-17/R06-18 as PC 3 and into the present consolidated

R07-5/R07-14 docket as PC 1, to give consideration to the issues that the letter raises.

After review of the Agency letter, the Board has concluded that limited revisions are

necessary to the rules. While the letter raises the same issues that the Agency raised by its June

30, 2006 comments in consolidated update docket R06-16/R06-17/R06-18 (PC 1), examination

of the issues reveals corrections that the Board had intended to make, but inadvertently did not

do so when adopting those amendments. Further, the letter indicates an additional reason to

make an Agency-suggested change that the Agency did not present to the Board at that time.

The following discussion is limited to consideration of the additional changes prompted

by the Agency’s April 10, 2007 letter. This discussion extends that which appears at pages 14

through 51 in the Board’s November 16, 2006 opinion in consolidated update docket R06-

16/R06-17/R06-18. The discussion cites the location in the November 16, 2006 opinion in that

docket of the initial discussion of the issues raised by the Agency’s comments.

Incomplete Cross-References in Section 703.350(c)(1)

The Agency notes that the Board neglected to add complete cross-references in Section

703.350(c)(1) to complete those included in corresponding 40 C.F.R. 270.260(a). The Board has

added references to Sections 702.104 and 703.110, to correspond with the federal citation to 40

C.F.R. 270.6, and Section 703.160, to correspond with the citation to 40 C.F.R. 270.1. The entry

in the table on page 288 of the Board’s November 16, 2007 opinion in consolidated docket R06-

16/R06-17/R06-18 indicates that the Board had intended to add references to Sections 703.110

and 702.160 in that docket in response to the Agency comments, but inadvertently neglected to

do so. The Board now corrects that oversight.

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10

Annual Reporting Required

In the prior consolidated update docket R06-16/R06-17/R06-18, the Agency requested

that the Board retain the existing annual facility activity reporting frequency in the Illinois

regulations, even though USEPA used a biennial reporting frequency of facility activities in its

rules. The Board determined that it could not retain an annual reporting frequency consistent

with the identical-in-substance mandate of Sections 7.2(b) and 22.4(a) of the Act (415 ILCS

5/7.2(b) and 22.4(a) (2006)) after USEPA has changed to a biennial reporting requirement.

See

UIC Update, USEPA Amendments (January 1, 2005 through June 30, 2005, R06-16, RCRA

Subtitle D Update, USEPA Amendments (January 1, 2005 through June 30, 2005), R06-17,

RCRA Subtitle C Update (January 1, 2005 through June 30, 2005 and March 23, 2006), R06-18

(consolidated), slip op. at 35-36 (Nov. 16, 2006);

see also id.

at 306 (table of requested revisions

not made by the Board).

Rather than follow the Agency suggestion for an annual reporting requirement at Section

727.170(f)(1), the Board followed the biennial reporting frequency of corresponding 40 C.F.R.

267.75(a). The Board concluded that discussion as follows:

The Board must reopen Part 724 in the upcoming update docket, R07-5.

* * * The Board will include a proposal to amend 35 Ill. Adm. Code 724.175 to

provide for biennial reporting in the R07-5 proposal. That will allow public

comment on any such amendment before the Board would adopt it.

In the present docket, however, the Board amends Section 703.246(c) to

remove the references to the frequency of reporting. The Board changes “annual

report” to “facility activities report,” which is what the report is called in Section

724.175. The Board will also remove the prepositional phrase “during the

previous calendar year.” These amendments will accommodate any future

amendment of Section 724.175 to biennial reporting, or to continued annual

reporting if no such amendment is completed. * * * UIC Update, USEPA

Amendments (January 1, 2005 through June 30, 2005

, R06-16, RCRA Subtitle D

Update, USEPA Amendments (January 1, 2005 through June 30, 2005), R06-17,

RCRA Subtitle C Update (January 1, 2005 through June 30, 2005 and March 23,

2006), R06-18 (Nov. 16, 2006) (consolidated) at p. 36

In the April 10, 2007 Agency letter (PC 1), the Agency set forth additional information

that has caused the Board to reconsider retaining an annual facility activity reporting frequency

in the Illinois regulations. The Agency letter added the following to its earlier arguments:

Section 20.1 of the Environmental Protection Act (415 ILCS 5/20.1) requires the

Agency to compile and make available an annual report regarding certain

hazardous waste operations. If we are only receiving biennial reports from

facilities, how to we effectively put together our annual reports? Additionally, the

financial assurance requirements in Section 727.240(c) require annual updates to

account for inflation. Again, how would the Agency check compliance with that

requirement if a site only provides closure cost estimates biennially? PC 1 at 3.

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11

The Board agrees, based on the additional information set forth by the Agency, that

Sections 724.175 and 727.170(f) must be amended to require annual monitoring. The General

Assembly has mandated that the Agency must annually compile a report of hazardous waste

activities in Illinois and make that report available to the public, as follows:

§ 20.1. (a) The Agency shall conduct a survey and prepare and publish a

list of sites in the State where hazardous waste has been deposited, treated, or

stored.

(b) The Agency shall monitor hazardous waste processing, use, handling,

storage, and disposal practices in the State, and shall determine existing and

expected rates of production of hazardous waste.

(c) The Agency shall compile and make available to the public an annual

report identifying the types and quantities of hazardous waste generated, stored,

treated or disposed of within this State and containing the other information

required to be collected under this Section. 415 ILCS 5/20.1 (2006).

The Agency cannot meaningfully fulfill this mandate without the annual submission of the

required information by regulated facilities. By this provision, the General Assembly manifested

its intent that Illinois facilities report on an annual basis. Incorporation of a biennial reporting

frequency into the Illinois regulations that is identical-in-substance with that set forth in 40

C.F.R. 264.75 and 267.75 would be thoroughly inconsistent with the annual reporting frequency

contemplated by Section 20.1 of the Act (415 ILCS 5/20.1 (2006)).

Incorporation of an annual reporting frequency is consistent with federal law. Under

Sections 3006 and 3009 of RCRA, the State may maintain its own hazardous waste regulations

that are “substantially equivalent to” and not “less stringent than” the corresponding federal

rules. 42 U.S.C. §§ 6926(b)(1) & (e) and 6929 (2006). Section 3009 of RCRA provides,

“Nothing in this chapter shall be construed to prohibit any State or political subdivision thereof

from imposing any requirements, including those for site selection, which are more than those by

such regulations.” 42 U.S.C. § 6929 (2006). Requiring annual submission of facility activity

reports is more stringent than the federally required biennial submission, but comports with

dictates of the General Assembly.

For the foregoing reasons, the Board has amended Section 727.170(f)(1) to require

annual submission of the facility activity reports. Further, the Board has not changed the annual

reporting frequency in Section 724.175 to biennial reporting, as discussed at page 36 in the

November 16, 2006 opinion in the prior consolidated update docket, R06-16/R06-17/R06-18.

No similar revision is required for Section 703.246(c), since the Board removed the reference to

the frequency of report in the consolidated R06-16/R06-17/R06-18 docket. This change back to

an annual reporting frequency in Section 727.170(f)(1) and the retention of an annual reporting

frequency in Section 724.175 are consistent with the Board’s mandates under Sections 7.2 and

22.4(a) of the Act (415 ILCS 5/7.2 and 22.4(a) (2006)), as well as with the federal RCRA

requirements.

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12

The Board made corresponding minor ancillary amendments to Sections 724.175 and

727.170(f)(1). The first is two new Board notes that are appended to Sections 724.175 and

727.170(f)(1) to explain why the Board requires annual reporting, while USEPA requires

biennial reporting. The second is a shift in phrasing based on the prior amendments to Section

703.246(c). The previously used term, “annual reporting,” describes the frequency of report

submission, but it does not describe the nature of the report itself. In consolidated docket R06-

16/R06-17/R06-18, the Board changed the term “annual report” to “facility activities report”

when removing the references to the submission frequency. The phrase “facility activities

report” is more descriptive of the report, and the Board has chosen to extend its use to Sections

724.175 and 727.170(f)(1).

Agency-Suggested Revisions Still Declined by the Board

The Board declines to further amend the text of the rules in response to any of the other

suggestions made by the Agency in its April 10, 2007 letter (PC 1). The rest of the Agency

suggestions add nothing to what the Board has already considered in the November 16, 2006

opinion in consolidated update docket, R06-16/R06-17/R06-18, based on the Agency’s June 30,

2007 comments (PC 1 in that docket).

Having fully addressed the Agency concerns in consolidated docket R06-16/R06-

17/R06-18, the Board feels no need to discuss those concerns again. The Board directs the

Agency’s attention to the following segments of the November 16, 2006 opinion in UIC Update,

USEPA Amendments (January 1, 2005 through June 30, 2005, R06-16, RCRA Subtitle D

Update, USEPA Amendments (January 1, 2005 through June 30, 2005), R06-17, RCRA Subtitle

C Update (January 1, 2005 through June 30, 2005 and March 23, 2006), R06-18 (Nov. 16, 2006)

(consolidated):

Provision of Agency Concern

Location in the Opinion Where Discussed

Section 702.120(b)(3)

Pages 22-26 & page 320 (in table)

Section 705.302(a)(4)(I)

Page 323 (in table)

Section 727.100(b)

Pages 33-35

Section 727.900(e)

Pages 39-45 & 337 (in table)

Section 727.900(h)(2)

Pages 45-50 & 337 (in table)

Part 727 structure generally

Page 331 (in table)

The Board will add only one point to the discussion given these issues in the prior

consolidated update docket R06-16/R06-17/R06-18. The Board adds this in clarification of the

point that the Board attempted to make when declining to make some of the Agency-requested

changes in the prior update docket. The Board cannot correct the content of federal regulations

using the identical-in-substance procedure without establishing two things: (1) there must exist

some clear indication that USEPA erred in establishing the provision at issue or in allowing the

provision to continue in the face of intervening amendments that shift its function; and (2) there

must exist some clear indication of an alternative USEPA intent that the Board can use to correct

the provision. The Board may, using the identical-in-substance procedure, retain deviations

from the federal requirements based on existing State law, as was done in this docket to retain

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13

the annual reporting frequency for facility activities reports.

See

above discussion at pages 8

through 11 of this opinion. If the Board cannot use the identical-in-substance procedure to

correct the federally derived provision, the general rulemaking authority of Sections 27 and 28 of

the Act (415 ILCS 5/27 and 28 (2006)) may allow desired amendments that are “substantially

equivalent to” and not “less stringent than” the corresponding federal rules.

See id.

The Board requested comment on the revisions made to the existing rules based on the

April 10, 2007 Agency letter (PC 1). The Board received no additional information that might

have justified Board action to make additional corrections urged by the Agency.

Discussion of the Correction of Irregularities in the Base Text of the Rules

During the course of incorporating the federal April 4, 2006 amendments into the Illinois

regulations, the Board noted irregularities in segments of the base text. The text of certain

Illinois provisions does not agree with the corresponding federal provisions. Affected are the

texts of Parts 724, 725, 728, and 738. After researching the source of the irregularities, the

Board discovered errors made when adding federal amendments in two prior identical-in-

substance updates completed in 1996 and 1997. The Board also discovered an inconsistency in

the text based on a 2006 identical-in-substance update.

The Board has adopted amendments to the text of Parts 724, 725, and 728 that correct the

irregularities in the text. The corrections to Part 738, however, will require correction in a future

docket when that part is open for federal amendments.

See

22 Ill. Reg. 8038 (May 8, 1998)

(Notice of Refusal to Modify or Withdraw Rule to Meet the Objection of JCAR, explaining that

the Board would not in the future modify rules pursuant to Sections 7.2 and 22.4(a) of the Act

(415 ILCS 5/7.2 and 22.4(a) (2006)) unless the part is open to amend the rules to conform with

USEPA amendments).

The following brief discussions outline the sources and extents of the errors discovered.

The discussions describe the Board actions necessary to remove the irregularities from the text

so that it more closely conforms to the federal requirements.

Correction of Errors Made September 23, 1993 (in Docket R93-04)

The Board discovered errors in amendments adopted September 23, 1993.

See

RCRA

Update, USEPA Regulations (July 1, 1992 through December 31, 1992, R93-4 (Sep. 23, 1993).

The Board retained segments of text removed by USEPA, and the Board then reworded a

provision in a way that the Board now finds unnecessary. The present amendments correct both.

40 C.F.R. 264.571(b), (b)(1), and (b)(3) (corresponding with 35 Ill. Adm. Code

724.671(b), (b)(1), and (b)(3)):

USEPA removed the final sentence of 40 CFR

264.571(b) and paragraphs (b)(1) through (b)(3) on December 24, 1992 (at 57 Fed. Reg.

61492, 61503). The Board failed to remove the corresponding final sentence of

corresponding 35 Ill. Adm. Code 724.671(b) and the entire text of subsections (b)(1)

through (b)(3)(B)(ii) in RCRA Update, USEPA Regulations (July 1, 1992 through

December 31, 1992, R93-4 (Sep. 23, 1993). Those segments of text are removed in this

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14

proceeding. The amendments to remove those segments appear as follows (also

indicating the amendment to the second to last sentence of subsection (b), which is based

on federal amendments of April 8, 2006):

b)

The owner or operator must develop a written plan for upgrading,

repairing, and modifying the drip pad to meet the requirements of

Section 724.673(b) and submit the plan to the Agency no later than

two years before the date that all repairs, upgrades and

modifications will be complete. This written plan must describe

all changes to be made to the drip pad in sufficient detail to

document compliance with all the requirements of Section

724.673. The plan must be reviewed and certified by an

independent a qualified, registered professional engineer

Professional Engineer. All upgrades, repairs, and modifications

must be completed in accordance with the following:

1)

For existing drip pads of known and documentable age, all

upgrades, repairs, and modifications must have been

completed by June 6, 1993, or when the drip pad has

reached 15 years of age, whichever comes later.

2)

For existing drip pads for which the age cannot be

documented, by June 6, 1999; but, if the age of the facility

is greater than seven years, all upgrades, repairs and

modifications must be completed by the time the facility

reaches 15 years of age or by June 6, 1993, whichever

comes later.

3)

The owner or operator may petition the Board for an

extension of the deadline in subsection (b)(1) or (b)(2) of

this Section.

A)

The owner or operator must file a petition for a

RCRA variance, as specified in 35 Ill. Adm. Code

104.

B)

The Board will grant the petition for extension if it

finds the following:

i)

The drip pad meets all of the requirements

of Section 724.673, except those for liners

and leak detection systems specified in

Section 724.673(b); and

ii)

That it will continue to adequately protect

human health and the environment.

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15

40 C.F.R. 264.1101 (corresponding with 35 Ill. Adm. Code 724.1101):

USEPA

adopted 40 C.F.R. 264.1101 on August 18, 1992 (at 57 Fed. Reg. 37194, 37266). The

Board adopted corresponding 35 Ill. Adm. Code 724.1101 on September 23, 1993 in

docket R93-4. The federal language at subsection (c)(3) appeared as follows:

(3)

Throughout the active life or the containment building, if the

owner or operator detects a condition that could lead to or has

caused a release of hazardous waste, must repair the condition

promptly, in accordance with the following procedures.

The Board altered this when adopting the corresponding Illinois provision in docket R93-

4 to read as follows:

3)

Throughout the active life or the containment building, if the

owner or operator detects a condition that could lead to or has

caused a release of hazardous waste, must repair the condition

promptly. In addition, however:

Minor changes occurred in this language since that initial adoption. To revert to the

corresponding language of 40 C.F.R. 264.1101(c)(3), the Board is amending Section

724.1101(c)(3) in the present docket as follows:

3)

Throughout the active life of the containment building, if the

owner or operator detects a condition that could lead to or has

caused a release of hazardous waste, it must repair the condition

promptly. In addition, however the following is required, in

accordance with the following procedures:

Correction of Errors Made November 6, 1997 (Consolidated Docket R96-10/R97-3/R97-5)

The Board traced one series of irregularities in the text to amendments adopted on

November 6, 1997.

See

RCRA Update, USEPA Regulations (July 1, 1995, through December

31, 1995), R96-10, UIC Update, USEPA Regulations (January 1, 1996, through June 30, 1996),

R97-3, RCRA Update, USEPA Regulations (January 1, 1996, through June 30, 1996)

, R97-5

(Nov. 6, 1997). USEPA amended the hazardous waste land disposal restrictions and wastewater

pretreatment rules on April 8, 1996, partially in response to an appellate court mandate. 61 Fed.

Reg. 15566, 67-68 (Apr. 8, 1996) (in significant part responding to Chemical Waste

Management (CWM) v. EPA, 976 F.2d 2 (D.C. Cir. 1992),

cert. denied

, 113 S. Ct. 1961 (1993)).

USEPA amendments to 40 C.F.R. 268 involved federal hazardous waste regulations.

Amendments to 40 C.F.R. 148 involved the land disposal restrictions associated with the

underground injection control regulations. Those to 40 C.F.R. 403 involved wastewater

pretreatment requirements.

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16

Also on April 8, 1996, in a separate notice, USEPA withdrew those segments of the

amendments pertaining to the mandate in response to intervening legislation. 61 Fed. Reg.

15660, 61 (Apr. 8, 1996) (responding to the March 26, 1996 enactment of the Land Disposal

Program Flexibility Act of 1996, Pub. L. 104-119, 100 Stat. 830). In that second notice, USEPA

withdrew amendments to 40 C.F.R. 148.1(b) and (d), 148.3, 148.4, 148.18, 148.20(a)

introductory text, 268.1(e), 268.2(k) and (l), 268.3, 268.9(d) through (g), 268.39, 268.40(e),

268.44(a), and 403.5(c) and (d). 61 Fed. Reg. at 15662. In that second notice, USEPA set forth

alternative text for 40 C.F.R. 148.18, 268.3(a), 268.39, and 268.40(e). 61 Fed. Reg. at 15662-62.

Subsequently, on June 28, 1996, USEPA corrected both its April 8, 1996 amendments

and its April 8, 1996 partial withdrawal of those amendments. 61 Fed. Reg. 33680 (June 28,

1996). USEPA corrected the text of 40 C.F.R. 148.1(d), 268.39, and 268.40(e) in a way that

affected text subject to the April 8, 1996 withdrawal of amendments.

The Board included the hazardous waste and underground injection control aspects of the

April 8, 1996 federal amendments and partial withdrawal and June 28, 1996 corrections in

consolidated docket RCRA Update, USEPA Regulations (July 1, 1995, through December 31,

1995), R96-10, UIC Update, USEPA Regulations (January 1, 1996, through June 30, 1996),

R97-3, RCRA Update, USEPA Regulations (January 1, 1996, through June 30, 1996), R97-5

(Nov. 6, 1997). The wastewater pretreatment amendments were included in the separate docket

Wastewater Pretreatment Update, USEPA Regulations (January 1, 1996, through June 30, 1996),

R97-7 (Apr. 3, 1997). The Board included both sets of the April 8, 1996 amendments in these

dockets, including the corrections of June 28, 1996 in consolidated docket R96-10/R97-3/R97-5,

but missed a small segment of the withdrawal set forth in a paragraph that preceded the

amendments to the text of the federal rules in the second April 8, 1996

Federal Register

notice.

See

61 Fed. Reg. at 15662.

Having investigated the extent of the irregularities found in the text of the Illinois rules,

the Board has determined the extent of the corrections now necessary. The Board has further

learned that no corrections are necessary to many provisions, since amendments based on the

second action of April 8, 1996, the corrections of June 28, 1996, or some later federal

amendments have already corrected the text. The following paragraphs outline the status of the

text for each federal amendment withdrawn on April 8, 1996, as well as the status of each

corresponding Illinois provision.

40 C.F.R. 148.1(b) (corresponding with 35 Ill. Adm. Code 738.101(b))

: April 8, 1996

amendment withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 738.101(b)

is necessary in a future docket as follows:

b)

The requirements of this Part apply to owners or operators of the

following Class I injection wells:

hazardous waste injection wells that are

used to inject hazardous waste.

1)

Hazardous waste injection wells that are used to inject hazardous

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17

waste; and

2)

Injection wells that are used to inject wastes that once exhibited a

prohibited characteristic of hazardous waste identified in Subpart

C of 35 Ill. Adm. Code 721, at the point of generation, and which

no longer exhibit the characteristic at the point of injection.

40 C.F.R. 148.1(d) (corresponding with 35 Ill. Adm. Code 738.101(d))

: April 8, 1996

amendment withdrawn on April 8, 1996, but corrected on June 28, 1996.

The text of corresponding 35 Ill. Adm. Code 738.101(d) accurately reflects the federal

text based on the June 28, 1996 corrections, so no further correction is necessary.

40 C.F.R. 148.3 (corresponding with 35 Ill. Adm. Code 738.103):

April 8, 1996

amendment withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 738.103 is

necessary in a future docket as follows:

a)

The provisions of 35 Ill. Adm. Code 728.103 apply to owners or operators

of Class I hazardous waste injection wells used to inject a waste that is

hazardous at the point of generation whether or not the waste is hazardous

at the point of injection.

b)

The owner or operator of a Class I non-hazardous waste injection well that

injects waste formerly exhibiting a hazardous characteristic that has been

removed by dilution may address underlying hazardous constituents by

treating the hazardous waste, by obtaining an exemption pursuant to a

petition filed under Section 738.120, or by complying with the provisions

set forth in 35 Ill. Adm. Code 728.109.

40 C.F.R. 148.4 (corresponding with 35 Ill. Adm. Code 738.104):

April 8, 1996

amendment withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 738.104 is

necessary in a future docket as follows:

The owner or operator of a Class I hazardous or non-hazardous waste

injection well may submit an application to USEPA for an extension of

the effective date of any applicable prohibition established under Subpart

B of this Part pursuant to 40 CFR 268.5. Any extension that is granted by

USEPA will be deemed an extension of the effective date of the derivative

Board rule.

40 C.F.R. 148.18 (corresponding with 35 Ill. Adm. Code 738.118):

Added April 8,

1996, but withdrawn on April 8, 1996. Withdrawal of text on April 8, 1996 set forth

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18

replacement text.

The text of corresponding 35 Ill. Adm. Code 738.118 accurately reflects the federal text

based on the text set forth in the April 8, 1996 withdrawal, so no further correction is

necessary.

40 C.F.R. 148.20(a) introductory text (corresponding with 35 Ill. Adm. Code 738.120

introductory text):

April 8, 1996 amendment withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 738.120(a)

is necessary in a future docket as follows:

a)

Any person seeking an exemption from a prohibition under Subpart B of

this Part for the injection of a restricted hazardous waste, including a

hazardous waste that exhibits a characteristic of hazardous waste and

which contains underlying hazardous constituents at the point of

generation, but which no longer exhibits a characteristic of hazardous

waste when injected into a Class I an injection well or wells, must submit

a petition for an adjusted standard to the Board, pursuant to Subpart D of

35 Ill. Adm. Code 104, demonstrating that, to a reasonable degree of

certainty, there will be no migration of hazardous constituents from the

injection zone for as long as the waste remains hazardous. This

demonstration requires a showing of the following:

40 C.F.R. 268.1(e) (corresponding with 35 Ill. Adm. Code 728.101(e)):

April 8, 1996

amendment withdrawn on April 8, 1996. Subsequent amendment on May 12, 1997 (at 62

Fed. Reg. 25998) set forth replacement text.

The text of corresponding 35 Ill. Adm. Code 728.101(e) accurately reflects the federal

text based on the text set forth in the May 12, 1997 amendments (as included in

consolidated docket RCRA Update, USEPA Regulations (July 1, 1996, through

December 31, 1996), R97-21, UIC Update, USEPA Regulations (January 1, 1997,

through June 30, 1997), R98-3, RCRA Update, USEPA Regulations (January 1, 1997,

through June 30, 1997), R98-5 (Aug. 20, 1998)), so no further correction is necessary.

40 C.F.R. 268.2(k) (corresponding with 35 Ill. Adm. Code 728.102 “underlying

hazardous constituent”):

April 8, 1996 amendment withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 728.102 to

remove the definition of “underlying hazardous constituent” is necessary, which is

included in the present consolidated docket.

40 C.F.R. 268.2(l) (corresponding with 35 Ill. Adm. Code 728.102 “inorganic metal-

bearing waste”):

April 8, 1996 amendment withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 728.102 to

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19

remove the definition of “inorganic metal-bearing waste” is necessary, which is included

in the present consolidated docket.

40 C.F.R. 268.3 (corresponding with 35 Ill. Adm. Code 728.103):

Added April 8,

1996, but withdrawn on April 8, 1996. Withdrawal of text on April 8, 1996 set forth

replacement text.

The text of corresponding 35 Ill. Adm. Code 728.103 accurately reflects the federal text

based on the text set forth in the April 8, 1996 withdrawal, so no further correction is

necessary.

40 C.F.R. 268.9(d) (corresponding with 35 Ill. Adm. Code 728.109(d)):

April 8, 1996

amendment withdrawn on April 8, 1996. Subsequent amendment on May 12, 1997 (at 62

Fed. Reg. 25998) and May 11, 1999 (at 64 Fed. Reg. 25408) set forth partial replacement

text.

Action necessary: The text of corresponding 35 Ill. Adm. Code 728.109(d) partially

accurately reflects the federal text based on the text set forth in the May 12, 1997

amendments (as included in consolidated docket RCRA Update, USEPA Regulations

(July 1, 1996, through December 31, 1996), R97-21, UIC Update, USEPA Regulations

(January 1, 1997, through June 30, 1997), R98-3, RCRA Update, USEPA Regulations

(January 1, 1997, through June 30, 1997), R98-5 (Aug. 20, 1998)) and the May 11, 1999

amendments (as included in consolidated docket RCRA Update, USEPA Regulations

(January 1, 1999, through June 30, 1999), R00-5 (Dec. 2, 1999)) so only partial

correction is necessary, which is included in the present consolidated docket, as follows

(at subsection (d)(3)):

d)

A waste that exhibits a characteristic of hazardous waste under Subpart C

of 35 Ill. Adm. Code 721 is also subject to Section 728.107 requirements,

except that once the waste is no longer hazardous, a one-time notification

and certification must be placed in the generator’s or treater’s on-site files

and sent to the Agency, except for those facilities described in subsection

(f) of this Section. The notification and certification that is placed in the

generator’s or treater’s files must be updated if the process or operation

generating the waste changes or if the RCRA Subtitle D (municipal solid

waste landfill) facility receiving the waste changes. However, the

generator or treater need only notify the Agency on an annual basis if such

changes occur. Such notification and certification should be sent to the

Agency by the end of the year, but no later than Dec. 31.

1)

The notification must include the following information:

A)

The name and address of the RCRA Subtitle D (municipal

solid waste landfill) facility receiving the waste shipment;

and

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20

B)

A description of the waste as initially generated, including

the applicable USEPA hazardous waste numbers, the

treatability groups, and the underlying hazardous

constituents (as defined in Section 728.102(i)), unless the

waste will be treated and monitored for all underlying

hazardous constituents. If all underlying hazardous

constituents will be treated and monitored, there is no

requirement to list any of the underlying hazardous

constituents on the notice.

2)

The certification must be signed by an authorized representative

and must state the language found in Section 728.107(b)(4). If

treatment removes the characteristic but does not meet standards

applicable to underlying hazardous constituents, then the

certification found in Section 728.107(b)(4)(D) applies.

3)

For a characteristic waste whose ultimate disposal will be into a

Class I nonhazardous waste injection well, and for which

compliance with the treatment standards set forth in Section

728.148 and Table U to this Part for underlying hazardous

constituents is achieved through pollution prevention that meets

the criteria set forth at 35 Ill. Adm. Code 738.101(d), the following

information must also be included:

A)

A description of the pollution prevention mechanism and

when it was implemented, if already complete;

B)

The mass of each underlying hazardous constituent before

pollution prevention;

C)

The mass of each underlying hazardous constituent that

must be removed, adjusted to reflect variations in mass due

to normal operating conditions; and

D)

The mass reduction of each underlying hazardous

constituent that is achieved.

40 C.F.R. 268.9(e) (corresponding with 35 Ill. Adm. Code 728.109(e)):

Added April

8, 1996, but withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 728.109 to

remove subsection (e) is necessary, which is included in the present consolidated docket:

e)

For a decharacterized waste managed on-site in a wastewater treatment

system subject to the federal Clean Water Act (CWA) or zero-dischargers

engaged in CWA-equivalent treatment, compliance with the treatment

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21

standards set forth in Sections 728.148 and Table D to this Part must be

monitored quarterly, unless the treatment is aggressive biological

treatment, in which case compliance must be monitored annually.

Monitoring results must be kept in on-site files for five years.

40 C.F.R. 268.9(f) (corresponding with 35 Ill. Adm. Code 728.101(f)):

Added April 8,

1996, but withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 728.109 to

remove subsection (f) is necessary, which is included in the present consolidated docket:

f)

For a decharacterized waste managed on-site in a wastewater treatment

system subject to the federal Clean Water Act (CWA) for which all

underlying hazardous constituents (as defined in Section 728.102) are

addressed by a CWA permit, this compliance must be documented and

this documentation must be kept in on-site files.

40 C.F.R. 268.9(g) (corresponding with 35 Ill. Adm. Code 728.101(g)):

Added April

8, 1996, but withdrawn on April 8, 1996.

Action necessary: Correction of the text of corresponding 35 Ill. Adm. Code 728.109 to

remove subsection (g) is necessary, which is included in the present consolidated docket:

g)

For a characteristic waste whose ultimate disposal will be into a Class I

nonhazardous waste injection well that qualifies for the de minimis

exclusion described in Section 728.101, information supporting that

qualification must be kept in on-site files.

40 C.F.R. 268.39 (corresponding with 35 Ill. Adm. Code 728.139):

Added April 8,

1996, but withdrawn on April 8, 1996. Withdrawal of text on April 8, 1996 and

correction on June 28, 1996 set forth replacement text.

The text of corresponding 35 Ill. Adm. Code 728.139 accurately reflects the federal text

based on the text set forth in the April 8, 1996 withdrawal, so no further correction is

necessary.

40 C.F.R. 268.40(e) (corresponding with 35 Ill. Adm. Code 728.140(e)):

Added April

8, 1996, but withdrawn on April 8, 1996. Withdrawal of text on April 8, 1996 and

amendment on May 26, 1998 (at 63 Fed. Reg. 28556, 641-42) set forth replacement text.

The text of corresponding 35 Ill. Adm. Code 728.140(e) accurately reflects the federal

text based on the text set forth in the April 8, 1996 withdrawal, so no further correction is

necessary.

40 C.F.R. 268.44(a) (corresponding with 35 Ill. Adm. Code 728.144(a)):

Added April

8, 1996, but withdrawn on April 8, 1996. Amendment of the text on December 5, 1997

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22

(at 63 Fed. Reg. 64504, 09) set forth replacement text.

The text of corresponding 35 Ill. Adm. Code 728.144(a) accurately reflects the federal

text based on the text set forth in the April 8, 1996 withdrawal, so no further correction is

necessary.

40 C.F.R. 403.5(c) and (c)(1) (corresponding with 35 Ill. Adm. Code 310.210 and

incorporated by reference in 35 Ill. Adm. Code 310.107):

Amended April 8, 1996, but

amendments withdrawn on April 8, 1996.

The Board did not amend corresponding 35 Ill. Adm. Code 310.210 in Wastewater

Pretreatment Update, USEPA Regulations (January 1, 1996, through June 30, 1996),

R97-7 (Apr. 3, 1997). Instead, the Board updated the incorporation of 40 C.F.R. 403 by

reference at Section 310.107 to the 1996 version of the

Code of Federal Regulations

.

This incorporation included the April 8, 1996 withdrawal of the amendments.

40 C.F.R. 403.5(d) (corresponding with 35 Ill. Adm. Code 310.211 and incorporated

by reference in 35 Ill. Adm. Code 310.107):

Amended April 8, 1996, but amendments

withdrawn on April 8, 1996.

The Board did not amend corresponding 35 Ill. Adm. Code 310.211 in Wastewater

Pretreatment Update, USEPA Regulations (January 1, 1996, through June 30, 1996),

R97-7 (Apr. 3, 1997). Instead, the Board updated the incorporation of 40 C.F.R. 403 by

reference at Section 310.107 to the 1996 version of the

Code of Federal Regulations

.

This incorporation included the April 8, 1996 withdrawal of the amendments.

Correction of Inconsistency in Text Adopted on November 16, 2006 (Docket R06-18)

The Board discovered an inconsistency between pre-existing rules and text added on

November 16, 2006, when the Board adopted a segment of text based on USEPA’s RCRA

standardized permit rule. Examination of the text has indicated that the wording of that segment

is inconsistent with the wording used in existing similar provisions in the permitted facility and

interim status facility requirements. The present amendments alter the wording of the pre-

existing provision to agree with the wording recently adopted for the RCRA standardized permit

rule.

The RCRA standardized permit rules include containment building requirements at

subpart DD of 40 C.F.R. 267. Section 267.1104 is a provision in that subpart which allows a

waiver of the generally applicable containment building requirements. It states as follows:

Notwithstanding any other provision of this subpart, the Regional Administrator

may waive requirements for secondary containment for a permitted containment

building where:

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23

(a) You demonstrate that the only free liquids in the unit are limited amounts of

dust suppression liquids required to meet occupational health and safety

requirements, and

(b) Containment of managed wastes and dust suppression liquids can be assured

without a secondary containment system. 40 C.F.R. 267.1104 (2007).

When adding this provision to the Illinois regulations as 35 Ill. Adm. Code 727.900(e), in

UIC Update, USEPA Amendments (July 1, 2005 through Dec. 31, 2005), R06-16, RCRA

Subtitle D Update, USEPA Amendments (July 1, 2005 through Dec. 31, 2005), R06-17, RCRA

Subtitle C Update, USEPA Amendments (July 1, 2005 through Dec. 31, 2005 and March 23,

2006), R06-18 (Nov. 16, 2006) (consolidated), the Board changed the provision to read as

follows:

e)

Alternatives to secondary containment requirements. Notwithstanding

any other provision of this Section, the Agency must, in writing, allow the

use of alternatives to the requirements for secondary containment for a

permitted containment building where the Agency has determined that the

facility owner or operator has adequately demonstrated both of the

following:

1)

The only free liquids in the unit are limited amounts of dust

suppression liquids required to meet occupational health and safety

requirements, and

2)

The containment of managed wastes and dust suppression liquids

can be assured without a secondary containment system. 35 Ill.

Adm. Code 727.900(e).

The RCRA regulations include containment building requirements in the permitted

facility and interim status facility rules at Subpart DD of 40 C.F.R. 264 and 265. Nearly

identical sections 264.1101(e) and 265.1101(e)

2

in those subparts allow a waiver of the generally

applicable containment building requirements in language that is very similar to that of section

267.1104. Section 264.1101(e) states as follows:

(e) Notwithstanding any other provision of this subpart the Regional

Administrator may waive requirements for secondary containment for a permitted

containment building where the owner operator demonstrates that the only free

liquids in the unit are limited amounts of dust suppression liquids required to

meet occupational health and safety requirements, and where containment of

2

Section 265.1102(e) differs from section 264.1102(e) only in the addition of a comma after the

introductory clause, “notwithstanding . . . this subpart,” and the addition of a conjunction to

correct “owner operator” to “owner or operator.”

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24

managed wastes and liquids can be assured without a secondary containment

system. 40 C.F.R. 264.1101(e) (2007).

The Board added 35 Ill. Adm. Code 724.1101 and 725.1101 in RCRA Update, USEPA

Regulations (July 1, 1992 through December 31, 1992, R93-4 (Sep. 23, 1993), replacing the

permissive “may waive” language with language that the Agency cannot impose requirements

where the owner or operator has made certain demonstrations. This was to avoid conferring

unfettered discretion on the Agency whether to impose requirements or not.

See id.

, opinion, at

pp. 31-33. After years with only minor, non-substantive amendment, the identical texts of

Sections 724.1101(e) and 725.1101(e) read as follows:

e)

Notwithstanding any other provision of this Subpart DD the Agency must

not require secondary containment for a permitted containment building

where the owner operator demonstrates that the only free liquids in the

unit are limited amounts of dust suppression liquids required to meet

occupational health and safety requirements, and where containment of

managed wastes and liquids can be assured without a secondary

containment system. 35 Ill. Adm. Code 724.1101(e) and 725.1101(e).

This text in Sections 724.1101(e) and 725.1101(e) differs from that of Section 727.900(e), as

recently adopted in consolidated docket R06-16/R06-17/R06-18 in a way that could be construed

as substantive. The statement, “the Agency must not require secondary containment . . . where

the owner or operator has demonstrates,” in Sections 724.1101(e) and 725.1101(e) is different

from that in Section 727.900(e), “the Agency must, in writing, allow the use of alternatives to the

requirements for secondary containment . . . where the Agency has determined that the facility

owner or operator has adequately demonstrated.” The fact that the corresponding statement in

40 C.F.R. 264.1101(e) and 265.1101(e) is substantially the same as that used in 40 C.F.R.

267.1104,

3

indicates that USEPA does not intend a difference in the application of these

provisions.

Since it appears that USEPA intends the same meaning in 40 C.F.R. 267.1104 as it does

in 40 C.F.R. 264.1101(e) and 265.1101(e), the Board will amend corresponding Sections

724.1101(e) and 725.1101(e) to conform with the text of 727.900(e), as more recently adopted in

consolidated docket R06-16/R06-17/R06-18. The Board will amend Sections 724.1101(e) and

725.1101(e) as follows:

4

3

As is indicated by the quoted segments above, the principal changes are that USEPA

subdivided 40 C.F.R. 267.1104 into subsections and used its more colloquial second-person

form, “you demonstrate.” USEPA codified 40 C.F.R. 264.1101(e) and 265.1101(e) as a single

subsection and used the more formalized form, “the owner or operator demonstrates.”

4

The only difference between the texts of the two respective provisions are that the amendments

will add a comma after the introductory clause in Section 724.1101(e) that already exists in the

similar clause in Section 725.1101(e). The Board has included the addition of the conjunction to

“owner or operator” in both provisions, which was formerly omitted from the text.

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25

e)

Notwithstanding any other provision of this Subpart DD, the Agency

must, in writing, not require allow the use of alternatives to the

requirements for secondary containment for a permitted containment

building where the Agency has determined that the facility owner or

operator demonstrates has adequately demonstrated that the only free

liquids in the unit are limited amounts of dust suppression liquids required

to meet occupational health and safety requirements, and where

containment of managed wastes and liquids can be assured without a

secondary containment system. 35 Ill. Adm. Code 724.1101(e) and

725.1101(e).

Discussion of the Particular Federal Actions Involved in This Docket

Regulatory Burden Reduction Amendments--Parts 703, 720, 721, 724, 725, 726, and 728

5

On April 4, 2006 (71 Fed. Reg. 16862), USEPA adopted a series of amendments to

various rules as part of a “Burden Reduction Initiative.” USEPA revised 79 separate provisions

in the hazardous waste regulations. These revisions are best summarized by quotation of

USEPA’s discussion of the amendments. USEPA characterized the several revisions as falling

within 10 categories of provisions affected:

To effectively present the large number of regulatory changes we are finalizing,

we have divided these changes into ten categories or groups of changes; they are:

(1) The amount of time records must be kept; (2) certification by a professional

engineer; (3) option to follow the Integrated Contingency Plan Guidance; (4)

option to follow the Occupational Safety and Health Administration (OSHA)

regulations for emergency training; (5) clarifications and elimination of obsolete

regulatory language; (6) elimination of selected recordkeeping and reporting

requirements; (7) decreased self-inspection frequency for selected hazardous

waste management units; (8) selected changes to the requirements for record

retention and submittal of records; (9) changes to the requirements for document

submittal; and (10) reduced frequency for report submittals. 71 Fed. Reg. 16862,

16863 (Apr. 4, 2006).

5

The specific Sections involved are 703.182, 703.202, 703.212, 703.280, 703.Appendix A,

720.110, 720.131, 721.104, 724.115, 724.116, 724.152, 724.156, 724.173, 724.198, 724.199,

724.200, 724.213, 724.215, 724.220, 724.243, 724.245, 724.247, 724.274, 724.291, 724.292,

724.293, 724.295, 724.296, 724.351, 724.380, 724.414, 724.443, 724.447, 724.654, 724.671,

724.673, 724.674, 724.961, 724.962, 724.1100, 724.1101, 725.115, 725.116, 725.152, 725.156,

725.173, 725.190, 725.193, 725.213, 725.215, 725.220, 725.243, 725.245, 725.247, 725.274,

725.291, 725.292, 725.293, 725.295, 725.296, 725.301, 725.321, 725.323, 725.359, 725.380,

725.401, 725.403, 725.414, 725.541, 725.543, 725.544, 725.961, 725.962, 725.1100, 725.1101,

726.202, 726.203, 728.107, and 728.109.

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26

In a more extensive table in the

Federal Register

notice adopting these amendments, USEPA

more fully summarizes what amendments it undertook to effect each of these 10 points.

See

71

Fed. Reg. 16862, 16864 (Apr. 4, 2006).

Many of the revisions pertain only to facilities in USEPA’s National Environmental

Performance Track Program (Program). USEPA described the program and its member facilities

in the following new definition added to the hazardous waste regulations:

The National Environmental Performance Track Program is a voluntary, facility

based, program for top environmental performers. Facility members must

demonstrate a good record of compliance, past success in achieving

environmental goals, and commit to future specific quantified environmental

goals, environmental management systems, local community outreach, and annual

reporting of measurable results. 40 C.F.R. 260.10 (2005), as amended at 71 Fed.

Reg. 16862, 16902 (Apr. 4, 2006) (new definition of “Performance Track member

facility”).

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 April 4, 2006

Federal Register

notice.

The Board incorporated the April 4, 2006 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 and to add clarity and

ease of use for the regulated community. The Table A, which begins on page 103 of this

opinion, itemizes the various revisions made in the federal text in adapting it into the State

regulations.

Only one of these revisions to the federal amendments warrants mention in this

discussion. The Board added a Board note to the definition of “Performance Track member

facility” in section 720.110. That note is intended to provide sources of information about

USEPA’s Environmental Performance Track Program for the benefit of the regulated

community. The note refers to the 2000 and 2004

Federal Register

notices that initiated and

later amended the Program, respectively. The note further sets forth the address of the website

that USEPA has established relating to the program.

The USEPA website explains the Program and how an entity can become a part of the

Program. It discloses that there are presently 14 entities in Illinois that are program members.

6

6

These facilities currently are 3M, in Cordova; Akzo Nobel Aerospace Coatings, in Waukegan;

Baxter Healthcare, in McGaw Park; Baxter Healthcare, in Round Lake; Bridgestone/Firestone

North American Tire LLC, in Bloomington; Chicago White Metal Casting, Inc., in Bensenville;

E & T Controls, Inc., in Rochelle; Fujifilm Hunt Chemicals U.S.A., Inc., in Rolling Meadows;

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27

While it may be possible to define “Performance Track member facility” by listing these 14

entities, the Board would prefer not to do so. The language of the definition that the Board has

chosen more closely follows the corresponding USEPA definition in 40 C.F.R. 260.10. Further,

it would be cumbersome to require future amendment of the Illinois definition by rulemaking as

USEPA amends its listing of member facilities. But, the Board has “fleshed out” the definition

by adding the reference to the Internet site where USEPA maintains its current listing of member

facilities.

The Board requested public comment on the incorporation of the April 4, 2006 federal

Burden Reduction Initiative amendments. The Board received no comments relating to this

issue.

Corrections to Hazardous Waste and Used Oil Regulations--Parts 703, 720, 721, 722, 724,

725, 726, 728, and 739

7

On July 14, 2006 (71 Fed. Reg. 40254), USEPA adopted a number of corrections to

errors in its hazardous waste, universal waste, and used oil rules. USEPA characterized the

errors as arising “as a result of printing omissions, typographical errors, misspellings, citations to

paragraphs and other references that have been deleted or moved to new locations without

correcting the citations, and similar mistakes appearing in numerous final rules.” 71 Fed. Reg.

40254 (July 14, 2006). USEPA further stated, “The application, implementation, and

enforcement of the regulations addressed in this rule are not changed in any way.”

Id.

Affected

were more than 200 provisions from every part of the federal hazardous waste, universal waste,

and used oil regulations. Some provisions had multiple corrections. Nearly all of the federal

corrections involved very minor changes in the text, but a small number of the changes affected

the text more significantly.

The Board has reviewed each federal correction to determine what action is necessary to

amend the Illinois 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.

International Truck and Engine Corporation, in Melrose Park; Motorola, in Schaumburg;

National Manufacturing Company, a division of Stanley Works, in Rock Falls; Nestlé USA -

Beverage Division, in Jacksonville; Pfizer, Inc, in White Hall; Rohm and Haas, in Kankakee.

7

The specific Sections involved are Appendix A to Part 703, Sections 720.110, 720.111,

720.140, 720.141, 721.121, 721.131, and 721.133, Appendix H to Part 721, Sections 722.153,

722.156, 722.158, 722.181, 722.182, 722.183, 722.184, 722.187, 724.118, 724.197, 724.199,

724.216, 724.240, 724.243, 724.275, 724.293, 724.321, 724.323, 724.352, 724.402, 724.404,

724.414, 724.652, 724.673, 724.1101, and 724.1102, Appendix A to Part 724, Sections 725.119,

725.156, 725.212, 725.240, 725.242, 725.274, 725.293, 725.321, 725.324, 725.355, 725.359,

725.401, 725.403, 725.414, 725.505, 725.543, 725.1100, and 725.1101, Appendix F to Part 725,

Sections 726.180, 726.200, 726.202, 726.203, and 726.209, Appendix D to Part 726, Sections

728.104, 728.106, and 728.107, Tables C, F, T, and U to Part 728, and Sections 739.111,

739.143, 739.144, 739.145, 739.152, 739.159, and 739.164.

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28

Persons interested in the details of the federal amendments should consult the July 14, 2006

Federal Register

notice. Discussion of particular federal actions appears below only where some

unusual aspect of that action of the provision involved warrants consideration. Those segments

are arranged topically immediately following a general description of the USEPA corrections

and the Board responses.

USEPA made 464 individual corrections to a wide variety of federal provisions in 14

parts of the federal rules. The Board has made corrections in this docket in response to 151 of

the USEPA corrections to several segments of the rules. No Board action was necessary on 309

of the federal corrections, for a variety of reasons. The principal reason for no Board action at

this time is that the Board has already made a great number of the corrections in prior

rulemakings. Another frequent reason for no Board action is that there is no counterpart in the

Illinois rules for a limited number of the federal provisions corrected.

The Board has declined to take action on four of the federal corrections. Three of those

federal corrections were clear errors that the Board has chose not to replicate.

8

The Board has determined that the final two USEPA corrections were significant

substantive errors. Despite a stated intent not to change the substance of 40 C.F.R. 261.21(a)(3)

and (a)(4) (corresponding with 35 Ill. Adm. Code 721.121(a)(3) and (a)(4)), the Board perceives

that the corrections did quite the opposite. Rather than make those two significant changes in the

rules, the Board has chosen to depart from the federal text and retain those two segments of the

rules as previously corrected by the Board. Retaining the previously corrected text is a

significant departure from the corrections adopted by USEPA. Discussion of the Board’s

deviation from those two federal corrections appears below, on pages 28 through 56 of this

opinion.

Finally, the Board has decided to follow the USEPA lead and change the spelling of

“exceedence” to “exceedance” in Sections 724.323(b)(1), 724.404(b)(1), 725.324(b)(1), and

725.403(b)(1) to correspond with the corrections to 40 C.F.R. 264.223(b)(1), 264.304(b)(1),

265.224(b)(1), and 265.303(b)(1). The Board had previously opted to follow the traditional form

for such Latinate words and use “exceedence” in SDWA Update, USEPA Amendments (July 1,

2000 through December 31, 2000; Radionuclides), R01-20, at pp. 9-10 (Oct. 4, 2001) and in

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

,

R03-18, at p. 64-65 (June 5, 2003). Making this change is discussed below, at pages 56 through

57 of this opinion.

Table 3, which begins on page 72 of this opinion, briefly outlines the federal corrections

of July 14, 2006. It further indicates the corresponding Illinois provision and whether Board

action to amend that provision was necessary based on the federal correction. Where action was

necessary, the table indicates the nature of the action. Where no action was necessary, the table

indicates why no action was necessary. The following discussion is limited to consideration of

8

These are one correction to 40 C.F.R. 265.405(a)(1) and two to appendix VI to 40 C.F.R. 264.

The nature of each is described in the appropriate entry in the following table.

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29

the significant deviations that the Board has made while incorporating the federal corrections

into the Illinois rules.

Corrections to 40 C.F.R. 261.21(a)(3) (corresponding with Section 721.121(a)(3))

The USEPA corrections to the definition of “ignitable waste” at 40 C.F.R. 261.21(a)(3)

and (a)(4) present problems. These two paragraphs define what is “ignitable compressed gas”

and “oxidizer” for the purposes of defining “ignitable waste.” The problems with paragraphs

(a)(3) and (a)(4) arise from USEPA incorporating outdated language from the 1980 version of

USDOT regulations into these provisions. Resolution of the problems associated with each

provision presents unique considerations, so the Board discusses each individually.

Nevertheless, some aspects of the following discussion of 40 C.F.R. 261.21(a)(3) are pertinent

also to the discussion of paragraph (a)(4) that follows. Thus, the discussion of paragraph (a)(4)

will refer back to the appropriate segments of the discussion of paragraph (a)(3).

The federal corrections to 40 C.F.R. 261.21(a)(3) warrant further consideration. This

provision defines the characteristic of ignitability. Federal paragraph (a)(3) designates any waste

that is an “ignitable compressed gas” as “ignitable waste.” Formerly, these paragraphs defined

what is an “ignitable compressed gas” by reference to USDOT regulations, as follows:

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

* * *

(3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as

determined by the test methods described in that regulation or equivalent test

methods approved by the Administrator under §§ 260.20 and 260.21. 40 C.F.R.

261.21(a)(3) (1980);

see

45 Fed. Reg. 33084, 33121-22 (May 19, 1980).

The 1980 version of 49 C.F.R. 173.300, as relied on by USEPA in 40 C.F.R.

261.21(a)(3), defined the hazard class “flammable compressed gas” based on the use of methods

then current. The 1980 version of 49 C.F.R. 173.300 provided in significant part as follows:

§ 173.300 Definitions.

(a) Compressed gas. The term “compressed gas” shall designate any material or

mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70° F.

or, regardless of the pressure at 70° F., having an absolute pressure exceeding 104

p.s.i. at 130° F.; or any liquid flammable material having a vapor pressure

exceeding 40 p.s.i. absolute at 100° F. as determined by ASTM Test D–323.

(b) Flammable compressed gas. Any compressed gas as defined in paragraph (a)

of this section shall be classed as “flammable gas” if any one of the following

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30

occurs:

(1) Either a mixture of 13 percent or less (by volume) with air forms a flammable

mixture or the flammable range with air is wider than 12 percent regardless of the

lower limit. These limits shall be determined at atmospheric temperature and

pressure. The method of sampling and test procedure shall be acceptable to the

Bureau of Explosives and approved by the Associate Director for [the Office of

Hazardous Materials Research].

(2) Using the Bureau of Explosives’ Flame Projection Apparatus (see Note 1),

the flame projects more than 18 inches beyond the ignition source with valve

opened fully, or, the flame flashes back and burns at the valve with any degree of

valve opening.

(3) Using the Bureau of Explosives’ Open Drum Apparatus (see Note 1), there is

any significant propagation of flame away from the ignition source.

(4) Using the Bureau of Explosives’ Closed Drum Apparatus (see Note 1), there

is any explosion of the vapor-air mixture in the drum.

Note 1: A description of the Bureau of Explosives’ Flame Projection Apparatus,

Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be

procured from the Bureau of Explosives. 49 C.F.R. 173.300 (1980).

Problems have arisen, however, through USEPA’s use of this 1980 USDOT definition of

the hazard class “flammable compressed gas”. USEPA did not merely lift the USDOT definition

from 49 C.F.R. 173.300 (1980); the definition has become altered. Part of the alteration

occurred in 1980, when USEPA initially adopted 40 C.F.R. 261.300. Further alteration has

resulted from the passage of time. Even more alteration occurred in the July 14, 2006

corrections.

The initial USEPA alteration of the USDOT definition dates back to initial adoption of

40 C.F.R. 261.21(a)(3) in 1980. USEPA altered the terms used. Under the 1980 version of the

USDOT regulations, the definition at 49 C.F.R. 173.300(b) actually describes the hazardous

materials hazard class as “flammable compressed gas” (or “flammable gas”). It does not

describe it as “ignitable compressed gas.” When USEPA initially adopted 40 C.F.R.

261.21(a)(3), and until the July 14, 2006 corrections, 40 C.F.R. 261.21(a)(3) stated that

“ignitable waste” includes “ignitable compressed gas as defined in 49 CFR 173.300 and as

determined by the test methods described in that regulation . . ..”

The discussion that accompanied adoption of 40 C.F.R. 261.21 reveals that USEPA

intended a difference between a USDOT “flammable liquid” and a RCRA “ignitable liquid

waste,” so it chose to use “ignitable” instead of “flammable” in its definition of the characteristic

of ignitability. On the other hand, the discussion also shows that USEPA did not intend a

difference between a USDOT “flammable compressed gas” and a RCRA “ignitable compressed

gas,” despite a similar shift in terms. USEPA stated as follows in this regard:

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31

EPA adopted the Department of Transportation’s definitions of ignitable

compressed gas and oxidizer and borrowed heavily from the Department of

Transportation’s definition of non-liquid ignitable because it believed these

definitions adequately reflected routine waste management conditions. At the

same time, it chose a flashpoint limit for ignitable liquid wastes different from

that specified by the Department of Transportation’s “flammable” liquid category

because it believed that the flashpoint limit specified by the Department of

Transportation did not fully reflect conditions likely to be encountered during

routine waste management.

* * * * *

EPA does not believe that its ignitable liquids category will create undue

confusion in the regulated community. The term “ignitable” was specifically

chosen to eliminate confusion between EPA’s “ignitable” liquids category and the

Department of Transportation’s “flammable” liquids category. 45 Fed. Reg.

33084, 33108 (May19, 1980).

USEPA intended “ignitable” to be synonymous with “flammable” when it comes to

compressed gas, while it also clearly intended a shift in meaning with the shift in terms from

“flammable” to “ignitable” with regard to liquids. Thus, USEPA apparently had two contrary

intents by the same shift of phrasing in the same provision.

The continued use of “ignitable” in place of the USDOT term “flammable” is potentially

confusing in this context. One could easily infer a shift in meaning. The Board believes that

USEPA should have reduced the potential for ambiguity by retaining the original USDOT words

“flammable compressed gas” (or the equivalent USDOT term, “flammable gas”) and not using

“ignitable compressed gas.”

See

45 Fed. Reg. 33084, 33122 (May19, 1980).

A second, more significant problem with 40 C.F.R. 261.21(a)(3) relates to the methods

used for determining whether a material belongs within the class. This problem relates to the

extreme age of the methods used, and it culminated in 1990, when USDOT removed 49 C.F.R.

173.300 from its regulations.

See

55 Fed. Reg. 52402 (Dec. 21, 1990). The 1990 amendments

changed the methods used for determining whether a material falls within the class, and they

replaced the former “flammable compressed gas” hazard class with a new one, “flammable gas.”

The first method used for testing flammability pursuant to the 1980 USDOT rule were

those “acceptable to the Bureau of Explosives and approved by the director, Pipeline and

Hazardous Materials Technology, U.S. Department or Transportation.” This referenced no

distinct methods.

The subsequent methods used for testing flammability under the 1980 rule were definite

methods produced by the Bureau of Explosives. The USDOT rule referred to the “Bureau of

Explosives’ Flame Projection Apparatus,” the “Bureau of Explosives’ Open Drum Apparatus,”

and the “Bureau of Explosives’ Closed Drum Apparatus,” none of which was defined with

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32

greater particularity as to author, document number, date, availability, etc. An Internet search

has led the Board to an undated document entitled, “Aerosol Flame Projection Tests,” which is

available for download from the Association of American Railroads, Bureau of Explosives,

Operations and Maintenance Department (from Internet address http://boe.aar.com/boe-

download.htm). The Board could not determine a date for the Bureau of Explosives method, but

the document dates back to at least the 1964 republication of 49 C.F.R. 73.300 (the forerunner to

49 C.F.R. 173.300).

See

29 Fed. Reg. 18652, 18743 (Dec. 29, 1964) (republication of 49 C.F.R.

173 to embrace a series of earlier amendments).

In 1990 USDOT significantly amended its hazardous materials transportation regulations.

USDOT changed the pertinent USDOT rules in two ways. First, USEPA redesignated the

hazard class to “flammable gas.” USDOT removed its 49 C.F.R. 173.300(b) definition of

“flammable compressed gas.” USDOT replaced this with a new class of hazardous material

called “flammable gas” at 49 C.F.R. 173.115. Second, USDOT updated the methods for

determining whether a material is “flammable gas.” The method approved by the “director,

Pipeline and Hazardous Materials Technology, U.S. Department of Transportation,” as

contemplated in the 1980 version of 49 C.F.R. 173.300, changed from the undated Bureau of

Explosives methods to a distinct method from the American Society for Testing and Materials

(ASTM). The new method was ASTM Method E 681-85, “Standard Test Method for

Concentration Limits of Flammability of Chemicals (Vapors and Gases).”

See

55 Fed. Reg.

52402 (Dec. 21, 1990). This nullified the prior USDOT definition relied upon by USEPA and

rendered all the methods used under that rule obsolete.

The effect of the 1990 USDOT revisions on the USEPA hazardous waste rules was

significant, although it passed for a long time without apparent notice. The current USDOT

rules no longer included 49 C.F.R. 173.300 defining “flammable compressed gas.” Thus, the

reference in 40 C.F.R. 261.21(a)(3) to 49 C.F.R. 173.300 for definition of “ignitable compressed

gas” became meaningless, unless one inferred that USEPA intended to include a material in the

USDOT “flammable gas” hazard class as “ignitable waste.” Supporting this inference would

require reading the reference to “49 C.F.R. 173.300” as meaning “49 C.F.R. 173.115” after the

1990 USDOT amendments. This was the inference made by the Board when dealing with this

provision in 2006, as described below.

In 2005, the Board dealt with this problem and attempted to correct it in early 2006. The

Board amended corresponding 35 Ill. Adm. Code 721.121(a)(3) in UIC Corrections, USEPA

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

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

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

August 1, 2005), R06-7 (Jan. 5, 2006) (consolidated). In Section 721.121(a)(3), the Board

changed the former USDOT term “ignitable compressed gas” to the current “flammable gas,” as

has been used by USDOT. The Board changed the obsolete reference for the definition from 49

C.F.R 173.300 to 49 C.F.R. 173.115. The Board then appended brief note to subsection (a)(3)

that explained the USDOT amendments, the lack of a USEPA response, and the Board’s

deviations from the text of the corresponding USEPA provisions.

USEPA itself corrected the obsolete references on July 14, 2006. Rather than referring to

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33

the post-1990 USDOT hazard class for definition of “flammable gas,” in order to maintain

status

quo

, USEPA moved in the opposite direction. The intent of USEPA’s approach to the changes

in the USDOT rules was to initiate no change through the July 14, 2006 corrections. This is

apparent from the discussion of the corrections to paragraph (a)(3):

When EPA first promulgated the ignitability characteristic for hazardous

waste identification, the Agency incorporated, by reference, U.S. Department of

Transportation (DOT) regulations (contained in Title 49 of the CFR) that defined

an ignitable compressed gas and an oxidizer. In 1990, DOT revised and

recodified its regulations governing transportation of hazardous materials,

including the sections of 49 CFR referenced by 40 CFR 261.21. The referenced

DOT regulations were both revised and moved within 49 CFR; as a result, the

hazardous characteristic definitions at 40 CFR 261.21(a)(3) and 261.21(a)(4) now

refer to nonexistent or irrelevant sections of the DOT regulations.

Since these original DOT regulations are still required under RCRA, EPA

is replacing the obsolete references to the DOT regulations contained in the

definitions for an ignitable compressed gas and an oxidizer, 40 CFR 261.21(a)(3)

and 261.21(a)(4), respectively, with the actual language from the referenced

sections of the DOT regulations that was published in Title 49 of the CFR at the

time of the finalization of the RCRA regulations (1980). Because it can be

difficult to obtain copies of the CFR from 1980, this revision will make it easier

for the regulated community to find and apply the definitions of ignitable

compressed gas and oxidizer for the purposes of 261.21. The implementation and

enforcement of the ignitability characteristic will not change in any way. The

Agency is simply publishing the original definitions to ease the burden on the

regulated community. 71 Fed. Reg. 40254-55 (July 14, 2006);

see

55 Fed. Reg.

52402 (Dec. 21, 1990) (the cited USDOT amendments).

While USEPA clearly stated its intent not to alter the rule by the corrections, the Board

does not believe that USEPA’s corrections accomplished that purpose. Lifting the definition of

“flammable gas” from the 1980 edition of the

Code of Federal Regulations

does not give the

term the meaning that USEPA intended when adopting 40 C.F.R. 261.21(a)(3) in 1980. The

Board believes that the USEPA assertion, “The implementation and enforcement of the

ignitability characteristic will not change in any way” (

see

71 Fed. Reg. at 40255), is inaccurate.

USEPA’s July 14, 2006 corrections created problems. Some of the problems are minor

format errors. Others are more significant and relate to the wording and viability of the

definition. The Board believes that USEPA’s July 14, 2006 corrections to 40 C.F.R.

261.21(a)(3) make the definition of “ignitable waste” more difficult to implement that it was

before the corrections. An inferred intent to include post-1990 USDOT “flammable gas” as

“ignitable waste” is easier to implement than the borrowing of incorporation of the language of

the 1980 version of the USDOT definition into the hazardous waste regulations. Further,

USEPA’s July 14, 2006 corrections altered the text of the 1980 USDOT definition of

“flammable compressed gas” from 49 C.F.R. 173.300(a) and (b) when correcting the 40 C.F.R.

261.21(a)(3) definition of “ignitable compressed gas.” This could bolster an inference that

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34

USEPA intended something different.

The corrected text of 40 C.F.R. 261.21(a)(3) now reads as follows (with the USEPA

changes to the USDOT definition indicated with underlining and overstrike):

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

* * * * *

(3) It is an ignitable compressed gas.

(a) Compressed gas. (i) The term “compressed gas” shall designate any material

or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70°

F.70 °F or, regardless of the pressure at 70° F.70 °F, having an absolute pressure

exceeding 104 p.s.i. at 130° F.130 °F; or any liquid flammable material having a

vapor pressure exceeding 40 p.s.i. absolute at 100° F.100 °F as determined by

ASTM Test D–323.

(b) Flammable compressed gas. Any (ii) A compressed gas as defined in

paragraph (a) of this section shall be classed as “flammable gas” characterized as

ignitable if any one of the following occurs:

(1) (A) Either a mixture of 13 percent or less (by volume) with air forms a

flammable mixture or the flammable range with air is wider than 12 percent

regardless of the lower limit. These limits shall be determined at atmospheric

temperature and pressure. The method of sampling and test procedure shall be

acceptable to the Bureau of Explosives and approved by the Associate Director

for [the Office of Hazardous Materials Research] director, Pipeline and

Hazardous Materials Technology, U.S. Department of Transportation (see Note

2).

(2)

(B) Using the Bureau of Explosives’ Flame Projection Apparatus (see Note

1), the flame projects more than 18 inches beyond the ignition source with valve

opened fully, or, the flame flashes back and burns at the valve with any degree of

valve opening.

(3)

(C) Using the Bureau of Explosives’ Open Drum Apparatus (see Note 1),

there is any significant propagation of flame away from the ignition source.

(4)

(D) Using the Bureau of Explosives’ Closed Drum Apparatus (see Note 1),

there is any explosion of the vapor-air mixture in the drum.

* * * * *

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35

Note 1: A description of the Bureau of Explosives’ Flame Projection Apparatus,

Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be

procured from the Bureau of Explosives.

Note 2: As part of a U.S. Department of Transportation (DOT) reorganization,

the Office of Hazardous Materials Technology (OHMT), which was the office

listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving

sampling and test procedures for a flammable gas, ceased operations on February

20, 2005. OHMT programs have moved to the Pipeline and Hazardous Materials

Safety Administration (PHMSA) in the DOT. 40 C.F.R. 261.21(a)(3) (2006), as

amended at 71 Fed. Reg. 40254, 40259 (July 14, 2006) compared with 49 C.F.R.

173.300(a) and (b) (1980) (changes indicated with underlining and overstrike).

The minor format errors in this language as easily corrected. The appropriate abbreviated

form for temperatures is to place the degree symbol “°” immediately after the numeric

temperature, followed by the Fahrenheit abbreviation “F” separated by a space. USEPA placed

the space between the numeric temperature and degree symbol, with no space before the

Fahrenheit abbreviation. Thus, USEPA should have rendered “70 °F” as ”70° F.” The Board

has corrected this in the Illinois rule. The appropriate way to abbreviate an absolute pressure in

pounds per square inch (p.s.i.) is to use the abbreviation “p.s.i.a.” or “psia.” If the Board adopts

amendments based directly on USEPA’s approach to correction of 40 C.F.R. 261.21(a)(3), the

Board will make the appropriate of these corrections.

More significant problems could create difficulties with implementation of a rule based

on obsolete USDOT text. Those problems may require the Board to deviate from the literal text

of 40 C.F.R. 261.21(a)(3), as corrected, in order to implement USEPA’s intent.

See

415 ILCS

5/7.2(a) (2006). As discussed above, the original shifting from USDOT’s designation

“flammable compressed gas” to “ignitable compressed gas” lead to ambiguity in what is

intended. The 1990 USDOT abandonment of the original designation served to increase the

potential for ambiguity as to what USDOT-designated materials are included in the definition.

The obsolescence of the methods used for making the determination makes the definition

unworkable. Implementation of USEPA’s apparent original intent of including as “ignitable

waste” those materials classed by USDOT as “flammable compressed gas” is difficult if not

impossible based on methods and approvals that USDOT has not itself used for nearly 20 years.

The Board has considered how to best deal with the defects in the USEPA incorporation

of the obsolete USDOT definitions into the hazardous waste regulations. There are several

options, ranging from making minimal changes to the federal text to taking a different approach

that might prove easier to implement and enforce in a way intended by USEPA. The Board

considers a few of those options in the following segment of this discussion. The Board

presently sees three options for dealing with the problem and will discuss each in turn, ranging

from the option of making only minimal changes to the July 14, 2006 text to substituting a

reference to current USDOT regulations in place of the obsolete language from former 49 C.F.R.

173.300(a) and (b). Such a reference currently exists in 35 Ill. Adm. Code 721.121(a)(3) in the

Illinois rules (corresponding with 40 C.F.R. 261.21(a)(3)).

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36

It may be that implementation of the July 14, 2006 corrections requires the Board to take

the most dramatic departure from the literal USEPA language by substituting the old USDOT

language with the existing reference in Illinois rule to the current USDOT regulations. This is

the approach that the Board presented in the March 20, 2008 proposal for public comment, and

which the Board now adopts. The following discussion considers the various options for dealing

with the corrections to 40 C.F.R. 261.21(a)(3) in corresponding 35 Ill. Adm. Code 721.121(a)(3).

The 1980 USDOT definition of “flammable compressed gas” is from a context different

from that of the USEPA definition of “ignitable compressed gas.” In the USDOT rules,

compressed gas has independent meaning as a class of hazardous material distinct from

“flammable compressed gas.” The USDOT definitions of “compressed gas” and “flammable

compressed gas” are presented as coordinate definitions, with the definition of “flammable

compressed gas” following and partially dependent on the definition of “compressed gas.”

See

40 C.F.R. 173.300(a) and (b) (1980) (the obsolete USDOT definition relied on by USEPA);

see

also

40 C.F.R. 173.115(a) and (b) (2006) (the current USDOT definition). In the hazardous

waste regulations, the term “compressed gas” has no meaning in the hazardous waste

regulations; it exists only to support the definition of “ignitable compressed gas.”

See

40 C.F.R.

261.21(a)(3)(ii) (2006), as amended at 71 Fed. Reg. 40254, 40259 (July 14, 2006).

USEPA could have overcome the differences in context with minor changes in the

language, but the changes made by USEPA worked in the opposite way. Paragraph (a)(3)(i) now

defines “compressed gas,” and paragraph (a)(3)(ii) states when a compressed gas “is

characterized as ignitable.”

See

40 C.F.R. 261.21(a)(3) (2006), as corrected at 71 Fed. Reg.

40254, 40259 (July 14, 2006). Presenting the USDOT definition of “compressed gas” first as a

coordinate provision places more direct emphasis on the subsidiary definition of “compressed

gas.” Replacing the USDOT language that clearly defined “flammable compressed gas” with a

coordinate statement as to when it is “characterized as ignitable” is a further step away from a

direct definition of “ignitable compressed gas.” The USDOT language, as borrowed by USEPA,

nowhere directly defines “ignitable compressed gas,” as did the original language of the 1980

USDOT definition of “flammable compressed gas.” Compare 40 C.F.R. 261.21(a)(3)(ii) (2006),

as amended at 71 Fed. Reg. 40254, 40259 (July 14, 2006) with 49 C.F.R. 173.300(b) (1980).

Assuming that USEPA had to use the outdated 1980 USDOT definition of “flammable

compressed gas,” and that it had to use “ignitable” in place of USDOT’s use of “flammable,” the

Board believes that USEPA should have used one of two alternatives to clarify the definition.

The first alternative would have been for USEPA to more closely follow the original USDOT

language, in order to assure that the language directly defined the term “ignitable compressed

gas.” More closely following the 1980 USDOT language would have resulted in a definition

similar to the following (indicating the possible revisions to the corrected USEPA definition by

underlining and overstrike):

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

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37

* * * * *

(3) It is an ignitable compressed gas as defined in paragraph (a)(3)(ii) of this

section.

(i) The term “compressed gas” shall designate any material or mixture having in

the container an absolute a pressure exceeding 40 p.s.i. absolute (p.s.i.a.) at 70 °F

70° F or, regardless of the pressure at 70 °F 70° F, having an absolute a pressure

exceeding 104 p.s.i. at 130 °F 130° F; or any liquid flammable material having a

vapor pressure exceeding 40 p.s.i. absolute p.s.i.a. at 100 °F 100° F as determined

by ASTM Test D–323.

(ii) A compressed gas, as defined in paragraph (a)(3)(i) of this section, shall be

characterized classed as “ignitable compressed gas” if any one of the following

occurs (see Note 2):

(A) Either a mixture of 13 percent or less (by volume) with air forms a

flammable mixture or the flammable range with air is wider than 12 percent

regardless of the lower limit. These limits shall be determined at atmospheric

temperature and pressure. The method of sampling and test procedure shall be

acceptable to the Bureau of Explosives and approved by the director, Pipeline and

Hazardous Materials Technology, U.S. Department of Transportation (see Note

2).

(B) Using the Bureau of Explosives’ Flame Projection Apparatus (see Note 1),

the flame projects more than 18 inches beyond the ignition source with valve

opened fully, or, the flame flashes back and burns at the valve with any degree of

valve opening.

(C) Using the Bureau of Explosives’ Open Drum Apparatus (see Note 1), there is

any significant propagation of flame away from the ignition source.

(D) Using the Bureau of Explosives’ Closed Drum Apparatus (see Note 1), there

is any explosion of the vapor-air mixture in the drum.

* * * * *

Note 1: A description of the Bureau of Explosives’ Flame Projection Apparatus,

Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be

procured from the Bureau of Explosives.

Note 2: As part of a U.S. Department of Transportation (DOT) reorganization,

the Office of Hazardous Materials Technology (OHMT), which was the office

listed EPA has defined “ignitable compressed gas” based on the U.S. Department

of Transportation definition of “flammable compressed gas” set forth in the 1980

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38

publication version of 49 CFR 173.300 for the purposes of approving sampling

and test procedures for a flammable gas, ceased operations on February 20, 2005.

OHMT programs have moved to the Pipeline and Hazardous Materials Safety

Administration (PHMSA) in the DOT. The U.S. Department of Transportation

moved its definition of “flammable gas” to 49 CFR 173.115 and amended it in

1990 (at 55 FR 52634, Dec. 21, 1990). EPA continues to rely on the U.S.

Department of Transportation definition from the 1980 version of 49 CFR

173.300 and has adapted the language of that definition into this paragraph (a)(3).

A second, more preferable alternative would have been for USEPA to revise the structure

of the definition to more pointedly define “ignitable compressed gas.” Such a revised structure

could chiefly have involved changing the relative positions of paragraphs (a)(3)(i) and (a)(3)(ii)

and minimally revising the language of both, in order to place the greater emphasis on the

definition of “ignitable compressed gas” and clarify the subordinate role of the definition of

“compressed gas.” Such a restructured definition could have appeared as follows (indicating the

Board-suggested clarifications of the USEPA language by underlining and overstrike):

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

* * * * *

(3) It is an ignitable compressed gas as defined in this paragraph.

(ii) (i) A An “ignitable compressed gas” means a compressed gas, as defined in

paragraph (a)(3)(ii) of this section, shall be characterized as ignitable if of which

any one of the following occurs is true (see Note 2):

(A) Either a mixture of 13 percent or less (by volume) with air forms a

flammable mixture,

or the flammable range with air is wider than 12 percent

regardless of the lower limit. These limits shall be determined at atmospheric

temperature and pressure. The method of sampling and test procedure shall be

acceptable to the Bureau of Explosives and approved by the director, Pipeline and

Hazardous Materials Technology, U.S. Department of Transportation (see Note

2).;

(B) Using the Bureau of Explosives’ Flame Projection Apparatus (see Note 1),

the flame projects more than 18 inches beyond the ignition source with valve

opened fully, or, the flame flashes back and burns at the valve with any degree of

valve opening.;

(C) Using the Bureau of Explosives’ Open Drum Apparatus (see Note 1), there is

any significant propagation of flame away from the ignition source; or

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39

(D) Using the Bureau of Explosives’ Closed Drum Apparatus (see Note 1), there

is any explosion of the vapor-air mixture in the drum.

(i)(ii) The term “compressed gas” shall designate means any material or mixture

having in the container an absolute a pressure exceeding 40 p.s.i. absolute

(p.s.i.a.) at 70 °F 70° F or, regardless of the pressure at 70 °F 70° F, having an

absolute a pressure exceeding 104 p.s.i.a. at 130 °F 130° F; or any liquid

flammable material having a vapor pressure exceeding 40 p.s.i.a. absolute at 100

°F 100° F, as determined by ASTM Test Method D–323.

* * * * *

Note 1: A description of the Bureau of Explosives’ Flame Projection Apparatus,

Open Drum Apparatus, Closed Drum Apparatus, and method of tests may be

procured from the Bureau of Explosives.

Note 2: As part of a U.S. Department of Transportation (DOT) reorganization,

the Office of Hazardous Materials Technology (OHMT), which was the office

listed EPA has defined “ignitable compressed gas” based on the U.S. Department

of Transportation definition of “flammable compressed gas” set forth in the 1980

publication version of 49 CFR 173.300 for the purposes of approving sampling

and test procedures for a flammable gas, ceased operations on February 20, 2005.

OHMT programs have moved to the Pipeline and Hazardous Materials Safety

Administration (PHMSA) in the DOT. The U.S. Department of Transportation

moved its definition of “flammable gas” to 49 CFR 173.115 and amended it in

1990 (at 55 FR 52634, Dec. 21, 1990). EPA continues to rely on the U.S.

Department of Transportation definition from the 1980 version of 49 CFR

173.300 and has adapted the language of that definition into this paragraph (a)(3).

While either of these two alternatives would have added clarity to the definition of

ignitable waste, the Board does not find either alternative very appealing. The use of the old,

borrowed USDOT definition of “flammable compressed gas” presents other, more significant

problems relate to the methods for testing flammability or ignitability. Neither of the two

options above deals with the most significant problems with the text.

The problems arising through the methods used for testing whether a material is ignitable

are the most significant. In 40 C.F.R. 261.21(a)(3)(ii)(A) (corresponding with 35 Ill. Adm. Code

721.121(a)(3)(A)(i)), the testing uses a procedure “acceptable to the Bureau of Explosives and

approved by the director, Pipeline and Hazardous Materials Technology, U.S. Department or

Transportation.” This references no distinct methods. The Administrative Procedure Act

requires reference to an existing document.

See

5 ILCS 100/5-75 (2006). The Board cannot

recite nothing as a method for determination, and the Board cannot incorporate nothing as a

method by reference.

In 40 C.F.R. 261.21(a)(3)(ii)(B) through (a)(3)(ii)(D) (corresponding with 35 Ill. Adm.

Code 721.121(a)(3)(A)(ii) through (a)(3)(A)(iv)), there is a similar problem. The federal rule

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40

refers to the “Bureau of Explosives’ Flame Projection Apparatus,” the “Bureau of Explosives’

Open Drum Apparatus,” and the “Bureau of Explosives’ Closed Drum Apparatus,” none of

which is defined. An Internet search has led the Board to an undated document entitled,

“Aerosol Flame Projection Tests,” which is available for download from the Association of

American Railroads, Bureau of Explosives, Operations and Maintenance Department (from

Internet address http://boe.aar.com/boe-download.htm). The Board could not determine a date

for the reference, but the document dates back to at least the 1964 republication of 49 C.F.R.

73.300 (the forerunner to 49 C.F.R. 173.300).

See

29 Fed. Reg. 18652, 18743 (Dec. 29, 1964)

(republication of 49 C.F.R. 173 to embrace a series of earlier amendments). The Board cannot

incorporate the old Bureau of Explosives method by reference, since the Administrative

Procedure Act requires use of a dated document for incorporation by reference.

See

5 ILCS

100/5-75 (2006).

The Board cannot incorporate the methods recited in corrected 40 C.F.R. 261.21(a)(3) by

reference.

See

5 ILCS 100/5-75 (2006). The Board cannot recite nothing as a method for

determination or incorporate an unidentified or undated document as a method by reference. The

Administrative Procedure Act requires reference to an existing, dated document. Thus, the

Board cannot incorporate the unidentified methods approved by USDOT or the old identified,

undated Bureau of Explosives methods by reference, since the Administrative Procedure Act

(APA) requires use of a dated document for incorporation by reference.

See

5 ILCS 100/5-75

(2006).

One option for resolving these issues would be for the Board to simply incorporate 40

C.F.R. 261.21(a)(3) by reference. The Board could amend corresponding 35 Ill. Adm. Code

721.121(a)(3) to read as follows:

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

* * *

(3) It is an “ignitable compressed gas” as defined in 40 CFR 261.21(a)(3),

incorporated by reference in 35 Ill. Adm. Code 720.111(b).

This solution, however, has only a superficial appeal. While it is a legitimate incorporation by

reference under the APA, it does not resolve the issues and provide methods for determining

what materials are “ignitable compressed gas.”

Another possible solution exists for the Board to overcome the problems with

incorporation of the undated Bureau of Explosives methods by reference. This would involve

setting forth the verbatim text of the Bureau of Explosives methods in an appendix to 35 Ill.

Adm. Code 721. For the sake of public comment, the Board has reproduced the verbatim text of

the Bureau of Explosives document that embodies the methods. The reference is not so freely

available as to allow the Board to cite it with any confidence that interested persons can readily

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41

locate its text.. If public comments justify the Board doing so, the Board may add the text of

those methods as an appendix to part 721. The Board duplicates the methods text in this

opinion, as follows:

AEROSOL FLAME PROJECTION TESTS

Section 173.300(b) subparagraphs (2), (3), and (4) of Title 49 to the Code

of Federal Regulations referenced the Bureau of Explosives’ Flame Projection

Apparatus, Open Drum Apparatus and Closed Drum Apparatus to be used when

examining aerosol products.

The following are descriptions or the equipment and testing procedures to

be used when conducting the tests. Any further questions relating to this testing

should be addressed to the Director at the above address.

FLAME PROJECTION TEST

Equipment

- The test equipment consists of a base four inches wide and

two feet long, A thirty inch rule (with inches marked) is supported horizontally

on the side of the base and about six inches above it. A plumber’s candle of such

height that the top third of the flame is at the height of the horizontal rule is

placed at the zero point in the base.

Procedure

- The test is conducted in a draft-free area that can be

ventilated and the atmosphere cleared between each test. The self-pressurized

container is placed at a distance of six inches from the ignition source and the

spray jetted into the top third of the flame with valve opened fully for periods or

15-20 seconds. The length of the flame projection from the candle position is

read on the horizontal scale. Three or more readings are taken on each sample

and average is taken as the result. Samples are also tested with valve in partially

open positions to test for “burning back” to valve.

DRUM TESTS

Equipment

- The equipment consists of a 55-gallon open-headed steel

drum or similar container whish is placed on its side and fitted with a hinged

cover over the open end that will open at a pressure of 5 p.s.i. The closed or solid

end is equipped with one shuttered opening at the top. This is for the introduction

of the spray. The opening is approximately two inches from the edge of drum

head and is two inches in diameter. There is a safety glass or plastic window six

inches square in the center of the solid end. A lighted plumber’s candle is placed

inside the drum on the lower side and midway between the ends.

Procedure

- The test is conducted in the open and when temperature is

between 60° F and 80° F.

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OPEN DRUM TESTS

The test is conducted with hinged end in a completely open position and

with the shutter closed. The spray from the dispenser, with opened fully, is

directed in the upper half of the open end and above the ignition source for one

minute. Any significant propagation of flame through the vapor-air mixture away

from the ignition source shall be considered a positive result -- but -- any minor

and unsustained burning in the immediate area of the ignition source shall not be

considered a positive result.

CLOSED DRUM TESTS

The test is conducted with hinged cover dropped into position to rest

freely against the end and to close the open end of the drum to make a reasonably

secure but not necessarily a completely air-tight seal. The shutter is opened and

the spray is jetted into the drum through this shutter with valve fully opened for

one minute. After clearing the atmosphere in the drum, the jetting is repeated

similarly three times. Any explosion or rapid burning of the vapor-air mixture

sufficient to cause the hinged cover to move is considered a positive result.

“Aerosol Flame Projection Tests,” Association of American Railroads,

Operations and Maintenance Department, Casualty Prevention Division, Bureau

of Explosives (undated method downloaded from http://

The Board would prefer not to reproduce this text as an appendix to the Illinois rules.

Repeating the text would not resolve a fundamental problem with the age of the long-outmoded

method and the obsolete status of the USDOT definition of “flammable compressed gas.”

Further, it would not resolve the issues relating to the unidentified methods that were approved

by USDOT. The Board must look elsewhere to find those methods.

In 1990, USDOT changed “flammable compressed gas” to “flammable gas,” and it

changed the Bureau of Explosives methods to American Society for Testing and Materials

(ASTM) Method E 681-85, “Standard Test Method for Concentration Limits of Flammability of

Chemicals (Vapors and Gases).” Thus, in two regards, what USEPA intended as one aspect

“ignitable waste” shifted. What was once defined under USDOT regulations as “flammable

compressed gas” became known as “flammable gas,” and the method used to determine

flammability was updated by USDOT. The method approved by the “director, Pipeline and

Hazardous Materials Technology, U.S. Department of Transportation,” as contemplated in the

1980 version of 49 C.F.R. 173.300 and echoed in the newly corrected USEPA definition at 40

C.F.R. 261.21(a)(3)(ii)(A), changed from an obsolete, undated method to a distinct ASTM

method. Recitation of obsolete Bureau of Explosives methods is internally inconsistent 17 years

after USDOT abandoned use of that method.

Since the 1990 USDOT amendments, the definition of “flammable gas” has read as

follows:

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§ 173.115 Class 2, Divisions 2.1, 2.2, and 2.3—Definitions.

(a)

Division 2.1 (Flammable gas).

For the purpose of this subchapter, a

flammable gas

(Division 2.1) means any material which is a gas at 20 °C (68 °F)

or less and 101.3 kPa (14.7 psia) of pressure (a material which has a boiling point

of 20 °C (68 °F) or less at 101.3 kPa (14.7 psia)) which—

(1) Is ignitable at 101.3 kPa (14.7 psia) when in a mixture of 13 percent or less

by volume with air; or

(2) Has a flammable range at 101.3 kPa (14.7 psia) with air of at least 12 percent

regardless of the lower limit. Except for aerosols, the limits specified in

paragraphs (a)(1) and (a)(2) of this section shall be determined at 101.3 kPa (14.7

psia) of pressure and a temperature of 20 °C (68 °F) in accordance with the

ASTM E681–85, Standard Test Method for Concentration Limits of Flammability

of Chemicals or other equivalent method approved by the Associate

Administrator. The flammability of aerosols is determined by the tests specified

in § 173.115 (k) of this section. 49 C.F.R. 173.115(a) (2006).

USDOT stated that its 1990 shift from the 1980 49 C.F.R. 173.300 definition of

“flammable compressed gas” to the newer 49 C.F.R. 173.115 definition of “flammable gas” did

not intend to change the meaning or scope of the test for flammability. USDOT stated as

follows:

Paragraph (a) defines Division 2.1 (flammable gasses) as: (1) A gas under

ambient conditions (i.e., 101.3 kPa (14.7 psia) and 20 °F (68 °F)) [sic], and (2)

flammable. The flammability criteria referring to flammability limits come from

existing regulations (§ 173.300(b)(1)). The test methods listed in paragraphs

(b)(2), (b)(3), and (b)(4) of § 173.300 have been replaced by ASTM E681-85

Standard Test Method for Limits of Flammability of Chemicals. 55 Fed. Reg.

52402, 53433 (Dec. 21, 1990).

The test methods formerly listed in 49 C.F.R. 173.300(b)(2), (b)(3), and (b)(4) that USDOT

replaced with an ASTM method were the obsolete Bureau of Explosives methods discussed

above.

If USDOT did not change the flammability criteria, the question becomes whether

USDOT changed any other aspects of the definition. As it turns out, USDOT did change the

definition in two small ways that the Board does not believe are significant for the purpose of 40

C.F.R. 261.21(a)(3).

First, the 1990 definition changed “70° F,” which appeared in the 1980 definition, to “20

°C (68 °F) [sic].” This is a shift from approximate standard room temperature in Fahrenheit to

approximate standard room temperature in Celsius: a change of 2° F. The Board does not

believe that this is a difference, as one would be hard-put to find a material that is a gas at 70° F

that is not also a gas at 68° F.

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44

Second, USDOT removed the requirement that the material be “compressed gas” to be

designated “flammable gas.” This is the real difference between a “flammable compressed gas”

under the 1980 definition in 49 C.F.R. 173.300(b) and a “flammable gas” under the current

USDOT definition in 49 C.F.R. 173.115(a) is the “compressed” aspect of the gas. The 1980

USDOT hazard class “flammable compressed gas” required that the material have a pressure in

the container of 40 p.s.i.a. at 70° F or 104 p.s.i.a. at 130° F, or a vapor pressure of 40 p.s.i.a. at

100° F if it is a liquid flammable material. The USDOT hazard class “flammable gas” in use

since 1990 does not require pressures elevated above ambient. The Board questions, however,

whether even this is a distinction with a difference. The universe of containerized gas or high-

vapor pressure liquid materials that are a gas at standard room temperature and pressure (101.3

kPa at 20° C) and which do not have a pressure in the container that would fulfill the pressure

requirements of the 1980 USDOT definition is likely small. Moreover, dropping the pressure

requirement of the 1980 definition in favor of standard room temperature and pressure as used in

the 1990 definition would include, rather than exclude that small universe of materials from the

definition of “ignitable waste,” as defined in 40 C.F.R. 261.21(a)(3).

In summary, the Board believes that 40 C.F.R. 261.21(a)(3) is meaningless as corrected

by USEPA on July 14, 2006. The use of the obsolete USDOT designation “flammable

compressed gas” from the 1980 version of 49 C.F.R. 173.300(b) and continued reliance on

obsolete Bureau of Explosives methods for sampling and testing gives rise to a meaningless

provision. USEPA originally intended to include materials in the USDOT hazard class as

ignitable waste. The USDOT re-designated the hazard class in 1990 to “flammable gas” in 49

C.F.R. 173.115(a), but USEPA did not respond to that shift for several years. In the time that

passed since 1980, the former USDOT hazard class became meaningless. Reviving that obsolete

USDOT hazard class, as now contemplated by USEPA, is futile, as the Bureau of Explosives

methods have become so grossly out of date that there is no longer any reference to them in the

USDOT regulations.

See

49 C.F.R. 173 (2007). USEPA should instead have changed 40 C.F.R.

261.21(a)(3) to include the current USDOT hazard class “flammable gas,” and it should have

referred to 49 C.F.R. 173.115(a) for definition of that term.

Since USEPA did not, the Board is then confronted with several options. The Board

outlines those options as follows:

1.

The Board could simply repeat the 1980 USDOT definition of “flammable

compressed gas,” re-designated as “ignitable compressed gas,” as set forth by

USEPA in its July 14, 2006 corrections, with or without minor revisions to

enhance its clarity and make it follow the original USDOT definition more

closely.

2.

The Board could repeat the 1980 USDOT definition of “flammable compressed

gas,” re-designated as “ignitable compressed gas,” restructuring how USEPA

presented it in its July 14, 2006 corrections, in order to enhance its clarity.

3.

The Board could repeat the 1980 USDOT definition of “flammable compressed

gas,” re-designated as “ignitable compressed gas,” restructuring how USEPA

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45

presented it in its July 14, 2006 corrections, in order to enhance its clarity, and

substituting ASTM Method E 681 for the obsolete Bureau of Explosives methods.

4.

The Board could replace “ignitable compressed gas,” derived from the old

USDOT rule and dependent on obsolete and meaningless sampling and testing

methods, as included by USEPA in its July 14, 2006 corrections, with “flammable

gas,” as defined by the current USDOT regulation and determined using ASTM

Method E 681.

The Board prefers the final option in this list. Although it embodies the greatest

departure from the literal text of 40 C.F.R. 261.21(a)(3), as corrected, it would involve the least

amendment to corresponding 35 Ill. Adm. Code 721.121(a)(3) as it presently exists. As

discussed above, the Board corrected the text of 35 Ill. Adm. Code 721.121(a)(3)to incorporate

the current USDOT definition of “flammable gas,” in the consolidated docket UIC Corrections,

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

Update, USEPA Amendments (January 1, 2005 through June 30, 2005 and August 1, 2005),

R06-6, RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 through June 30, 2005

and August 1, 2005), R06-7 (cons.) (Jan. 5, 2006). While a change in the scope of the definition

from that of the corresponding corrected USEPA provision at 40 C.F.R. 261.21(a)(3) may result,

the Board believes that any change would actually, at most, make the Illinois provision

marginally more inclusive. Thus, any change would not render the Illinois rules impermissibly

less stringent than corresponding 40 C.F.R. 261.21(a)(3).

See

42 U.S.C. § 6929 (2005).

Employing the first three options, each based on the corrected USEPA provision, would

require more extensive revision to the existing text of 35 Ill. Adm. Code 721.121(a)(3). The

third option of using some version of the 1980 USDOT definition of “flammable compressed

gas” while substituting ASTM Method E 681 for the Bureau of Explosives methods would

require incorporation of that method by reference. The first and second methods would require

incorporation of the undated, obsolete Bureau of Explosives methods by reference or including

their text in a new appendix to Part 721. The Board would prefer neither of these first two

alternatives.

The Board used this fourth option in the March 20, 2008 proposal for public comment,

and the adopted amendments retain this option. The Board has chosen to depart from the text

from the July 14, 2006 USEPA corrections. The Board has chosen to incorporate the current

USDOT definition of “flammable gas” from 49 C.F.R. 173.115(a) into the Illinois regulations at

35 Ill. Adm. Code 721.121(a)(3), rather than some version of the definition of “flammable

compressed gas” as it existed in 1980. The Board believes that this approach more closely

implements USEPA’s intent to include materials that fall within the USDOT hazard class as

ignitable waste.

The Board has further changed the content of USEPA-designated “Note 2” to explain the

use of the obsolete USDOT definition of “flammable compressed gas,” noting the location of the

current definition of “flammable gas.” The amendments adopted today reflect these revisions.

---

46

Corrections to 40 C.F.R. 261.21(a)(4) (corresponding with Section 721.121(a)(4))

Similarly to 40 C.F.R. 261.21(a)(3), 40 C.F.R. 261.21(a)(4) defines one class of materials

that exhibit the characteristic of ignitability. Federal paragraph (a)(4) designates any waste that

is an “oxidizer” as “ignitable waste.” As for the paragraph (a)(3) definition of “ignitable

compressed gas,” additional consideration is necessary for the July 14, 2006 corrections to 40

C.F.R. 261.21(a)(4) definition of “oxidizer.” The federal corrections to this provision also

present problems that the Board must resolve.

When USEPA adopted 40 C.F.R. 261.21(a)(4) in 1980, it defined “oxidizer” by reference

to the USDOT regulations. 40 C.F.R. 261.21(a)(4) (1980);

see

45 Fed. Reg. 33084, 33121-22

(May 19, 1980). The 1980 USEPA rule designated an “oxidizer” as “ignitable waste” by

reference to the USDOT definition of the term, as indicated in the text of 40 C.F.R. 261.21(a)(4).

This former paragraph defined what is an “oxidizer” by reference to USDOT regulations, as

follows:

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

* * *

(4) It is an oxidizer as defined in 49 CFR 173.151. 40 C.F.R. 261.21(a)(4) (2006).

The USDOT definition relied upon was 49 C.F.R. 173.151 (1980), which defined the “oxidizer”

hazard class as follows:

§ 173.151 Oxidizer; definition.

An oxidizer for the purposed of this subchapter is a substance such as a chlorate,

permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to

stimulate the combustion of organic matter. 49 C.F.R. 173.151 (1980).

In 1990, USDOT changed the hazard class designations for “oxidizer” and “organic

peroxide.” USDOT moved the definition of “oxidizer” from 49 C.F.R. 173.151 to 49 C.F.R.

173.127(a). Thus, the USEPA citation in 40 C.F.R. 261.21(a)(4) to USDOT definition at 49

C.F.R. 173.151 became meaningless. The following new provision at 49 C.F.R. 173.127(a)

defined the “oxidizer” hazard class:

§ 173.127 Class 5, Division 5.1—Definition and assignment of packaging groups.

(a)

Definition.

For the purpose of this subchapter,

oxidizer

(Division 5.1) means a

material that may, generally by yielding oxygen, cause or enhance the combustion

of other materials.

---

47

(1) A solid material is classed as a Division 5.1 material if, when tested in

accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this

subchapter), its mean burning time is less than or equal to the burning time of a

3:7 potassium bromate/cellulose mixture.

(2) A liquid material is classed as a Division 5.1 material if, when tested in

accordance with the UN Manual of Tests and Criteria, it spontaneously ignites or

its mean time for a pressure rise from 690 kPa to 2070 kPa gauge is less then the

time of a 1:1 nitric acid (65 percent)/cellulose mixture. 49 C.F.R. 173.127(a)

(2006).

The Board dealt with the 1990 USDOT amendments that replaced former 49 C.F.R.

173.151 with new 49 C.F.R. 173.127, in UIC Corrections, USEPA Amendments (January 1,

2005 through June 30, 2005), R06-5, RCRA Subtitle D Update, USEPA Amendments

(January 1, 2005 through June 30, 2005 and August 1, 2005), R06-6, RCRA Subtitle C Update,

USEPA Amendments (January 1, 2005 through June 30, 2005 and August 1, 2005), R06-7

(cons.) (Jan. 5, 2006). In Section 721.121(a)(4), the Board changed the obsolete reference for

the definition of “oxidizer” from 49 C.F.R. 173.151 to 49 C.F.R. 173.127. The Board further

appended a brief note to subsection (a)(4) that explained the USDOT amendments, the lack of a

USEPA response, and the Board’s deviations from the text of the corresponding USEPA

provisions.

USEPA itself corrected the obsolete reference to the former USDOT definition of

“oxidizer” on July 14, 2006. USEPA concurrently described the nature of its corrections to

paragraphs (a)(3) and (a)(4) in the preamble to the July 14, 2006 corrections. (A segment of that

explanation appears above, on page 31 of this opinion.) USEPA stated that it intended no

change in the scope of its rules when it incorporated the text of the 1980 USDOT definition from

49 C.F.R. 173.151 into 40 C.F.R. 261.21(a)(4).

See

71 Fed. Reg. 40254-55 (July 14, 2006). The

Board does not believe that the July 14, 2006 corrections achieved USEPA’s intent.

As it did with 40 C.F.R. 261.21(a)(3) for a definition of “ignitable compressed gas,”

USEPA has relied on language from an obsolete 1980 USDOT provision for the corrected

definition of “oxidizer” in 40 C.F.R. 261.21(a)(4). USEPA ignored more recent definition of

“oxidizer” that has been a part of the USDOT regulations as 49 C.F.R. 173.127 since 1990.

USEPA instead chose to use the obsolete 1980 USDOT definition to avoid changing the scope of

the definition of “oxidizer” as used in the hazardous waste regulations. The Board has therefore

encountered similar problems with the text of 40 C.F.R. 261.21(a)(4) to those encountered with

that of 40 C.F.R. 261.21(a)(3).

The initial problem arises through the obsolete USDOT definition that is the core of the

USEPA definition. While it states that an oxidizer “is a material that . . . yields oxygen readily

to stimulate combustion of organic matter,” and it gives the examples of “chlorate,

permanganate, inorganic peroxide, or a nitrate” (49 C.F.R. 173.151 (1980) (cited above)), the

definition lacks in definiteness. There are no methods cited for determining how readily the

material must yield oxygen, to what extent and under what conditions it must support

combustion, and the type of organic matter whose combustion it must support. Contrast this

---

48

against the current USDOT definition, which cites the methods of a specific document and the

threshold criteria for the determination of whether the material is an oxidizer.

See

49 C.F.R.

173.127(a) (2006) (cited at page 47 above).

9

This lack of definiteness in the obsolete USDOT

definition of “oxidizer” would favor citation instead to the current USDOT definition.

10

Another serious problem exists in the USEPA definition of “oxidizer” as corrected on

July 14, 2006. The 1980 version of the USDOT regulations included a separate definition of

“organic peroxide” at 49 C.F.R. 173.151a, which was a similar type of material, but a distinct

hazard class. The 1980 USDOT rules defined “organic peroxide” as follows:

§ 173.151a Organic peroxide; definition.

(a) An organic compound containing the bivalent -O-O- structure and which may

be considered a derivative or hydrogen peroxide where one or more or the

hydrogen atoms have been replaced by organic radicals must be classed as an

organic peroxide unless:

(1) The material meets the definition of an explosive A or explosive B, as

described in Subpart C of this part, in which case it must be classed as an

explosive,

(2) The material is forbidden to be offered for transportation according to

§ 172.101 or § 173.21 of this subchapter,

(3) It is determined that the predominant hazard of the material containing an

organic peroxide is other than that of an organic peroxide, or

(4) According to data on file with the Materials Transportation Bureau, is has

9

The newer USDOT Division 5.1 hazard class defines an oxidizer as “a material that may,

generally by yielding oxygen, cause or enhance the combustion of other materials.” 49 C.F.R.

173.127(a) (2006). The newer definition directs attention to methods in

UN Recommendations

on the Transport of Dangerous Goods, Manual of Tests and Criteria

(4th rev. ed., 2003),

available from the United Nations Economic Commission for Europe (UNECE), Transport

Division, for determination of whether a material falls within the definition.

See

49 C.F.R.

173.7(a)(3) and 173.127(a)(1) and (a)(2) (2006).

10

This may have presented less of a problem in the USDOT regulations than it would in the

current USEPA hazardous waste regulations because the USDOT regulations included the

“Hazardous Materials Table” of 49 C.F.R. 172.101, which set forth the hazard class into which

the more common hazardous materials fell. 49 C.F.R. 172.101 (1980);

see also

49 C.F.R.

172.101 (2006). Even under the original USEPA definition of “oxidizer,” it is likely that the

regulated community referred to 49 C.F.R. 173.151(1980) would have relied on the Hazardous

Materials Table to determine whether a material was a USDOT oxidizer.

---

49

been determined that the material does not present a hazard in transportation. 49

C.F.R. 173.151a (1980).

USEPA not only incorporated the 1980 version of the definition of “oxidizer,” but it also

included the 1980 definition of “organic peroxide” as part of the definition. The July 14, 2006

USEPA corrections combined the definition of “oxidizer” from former 49 C.F.R. 173.151 with

the definition of “organic peroxide” from 49 C.F.R. 173.151a. The corrections changed 40

C.F.R. 261.21(a)(4) to read as follows:

§ 261.21 Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative

sample of the waste has any of the following properties:

* * *

(4) It is an oxidizer. An oxidizer for the purpose of this subchapter is a substance

such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields

oxygen readily to stimulate the combustion of organic matter (see Note 4).

(i) An organic compound containing the bivalent -O-O- structure and which may

be considered a derivative of hydrogen peroxide where one or more of the

hydrogen atoms have been replaced by organic radicals must be classed as an

organic peroxide unless:

(A) The material meets the definition of a Class A explosive or a Class B

explosive, as defined in § 261.23(a)(8), in which case it must be classed as an

explosive,

(B) The material is forbidden to be offered for transportation according to 49

CFR 172.101 and 49 CFR 173.21,

(C) It is determined that the predominant hazard of the material containing an

organic peroxide is other than that of an organic peroxide, or

(D) According to data on file with the Pipeline and Hazardous Materials Safety

Administration in the U.S. Department of Transportation (see Note 3), it has been

determined that the material does not present a hazard in transportation.

* * * * *

Note 3: As part of a U.S. Department of Transportation (DOT) reorganization, the

Research and Special Programs Administration (RSPA), which was the office listed in

the 1980 publication of 49 CFR 173.151a for the purposes of determining that a material

does not present a hazard in transport, ceased operations on February 20, 2005. RSPA

programs have moved to the Pipeline and Hazardous Materials Safety Administration

---

50

(PHMSA) in the DOT.

Note 4: The DOT regulatory definition of an oxidizer was contained in § 173.151

of 49 CFR, and the definition of an organic peroxide was contained in paragraph

173.151a. An organic peroxide is a type of oxidizer. 40 C.F.R. 261.21(a)(4)

(2006), as amended at 71 Fed. Reg. 40254 (July 14, 2006).

Neither the text of former 40 C.F.R. 261.21(a)(3) nor the definition of “oxidizer” in

former 49 C.F.R. 173.151 would have included an “organic peroxide” as an “oxidizer,” so

inclusion of a definition for this material in the corrected text of 40 C.F.R. 261.21(a)(3) is not

justified if no expansion of the definition of “oxidizer” is intended. In the 1980 USDOT rules

drawn on by USEPA, 49 C.F.R. 173.151a was never subsidiary to 49 C.F.R. 173.151. The 1980

version of 49 C.F.R. 173.151 did not include “organic peroxide.” Further, the definition of

“oxidizer” has always had the categorical inclusion of “inorganic peroxide.” It has never

categorically included either “peroxide” generally or “organic peroxide” categorically. This

would implicitly exclude the possibility of categorical inclusion of organic peroxide material.

Thus, it would appear that the previous 40 C.F.R. 261.21(a)(4) reference to “oxidizer as defined

in 49 CFR 173.151” from the 1980 version of the USEPA rules did not include “organic

peroxide.”

Nevertheless, the July 14, 2006 USEPA corrections to 40 C.F.R. 261.21(a)(3) included

organic peroxide as an “oxidizer.” Thus, the text that USEPA added to 40 C.F.R. 261.21(a) with

the July 14, 2006 corrections and designated as “note 4” actually altered the scope of the

definition of “oxidizer.”

The effect of the July 14, 2006 corrections, therefore, was to broaden the definition of

“oxidizer” to include “organic peroxide.” This was contrary to USEPA’s stated intent not to

change the scope of the existing rule by its July 14, 2006 corrections to paragraph. As quoted

more fully above at page 31 of this discussion, USEPA said that no change in scope was

intended by the corrections:

Since these original [1980] DOT regulations are still required under

RCRA, EPA is replacing the obsolete references to the DOT regulations

contained in the definitions for . . . an oxidizer . . . with the actual language from

the referenced sections of the DOT regulations that was published in Title 49 of

the CFR at the time of the finalization of the RCRA regulations (1980). * * *

The implementation and enforcement of the ignitability characteristic will not

change in any way. The Agency is simply publishing the original definitions to

ease the burden on the regulated community. 71 Fed. Reg. 40254-55 (July 14,

2006);

see

55 Fed. Reg. 52402 (Dec. 21, 1990) (the cited USDOT amendments).

When lifting the definition of “oxidizer” from the 1980 edition of the

Code of Federal

Regulations

USEPA did not give the term “oxidizer” the same meaning it did when it initially

adopted 40 C.F.R. 261.21(a)(4) in 1980. The addition of the former USDOT definition of

“organic peroxide” to the definition of “oxidizer” has resulted in a major substantive alteration of

the rule. USEPA’s assertion in “note 4” appended to 40 C.F.R. 261.21(a) that organic peroxide

---

51

is a type of oxidizer was not true before USEPA made the assertion. Rather, the addition of the

language from the former USDOT definition of “organic peroxide” from 49 C.F.R. 173.151a and

the assertion in “note 4” that an organic peroxide is a type of oxidizer have made it true. The

additions expanded the definition of “oxidizer” to include organic peroxide. These revisions that

included organic peroxide as “oxidizer” are made despite USEPA’s clear statement of its intent

not to alter the scope of the rule by the corrections.

Some, but not all, organic peroxides are chemically oxidizers. An organic peroxide could

yield oxygen to support combustion of organic or other materials, as indicated in the 1980

USDOT definition of “oxidizer” that is now codified by USEPA in 40 C.F.R. 261.21(a)(4)(i), but

many organic peroxides are so extremely vigorous in doing so that they are far too hazardous to

classify as “oxidizers”; those organic peroxides would vigorously engage in self-combustion and

are more appropriately considered as “explosive” or “reactive” materials. This is evident from

the exclusions now incorporated into the corrected USEPA definition of “oxidizer” in 40 C.F.R.

261.21(a)(4)(i)(A) through (a)(4)(i)(C), which exclude explosive or highly reactive materials

from the definition.

Interestingly, this is reflected in both the USEPA and USDOT regulations. The organic

peroxides listed by USEPA as hazardous waste in 40 C.F.R. 261 are listed for toxicity and

reactivity, not for ignitability. The list of commercial chemical products and chemical

intermediates in 40 C.F.R. 261.33(f) includes three organic peroxides: methyl ethyl ketone

peroxide (2-butanone peroxide) (waste number U160),

11

α

,

α-dimethylbenzylhydroperoxide

(1-

methyl-1-phenylhydroperoxide) (waste number U096), tetramethylthioperoxydicarbonic diamide

(thiram) waste number U244). These compounds are listed for toxicity and reactivity, but not for

ignitability. Similarly, none of the organic peroxides listed in the USDOT hazardous materials

table are listed under the “5.1” hazard class (oxidizer). Instead, they are either listed as

“forbidden” or under the “5.2” hazard class (organic peroxide).

12

See

49 C.F.R. 172.101 (2006).

11

Methyl ethyl ketone peroxide is the one chemical listed by name in both the USEPA

hazardous waste listings and in the USDOT Hazardous Materials Table. It is a listed hazardous

waste by virtue of toxicity and reactivity. 40 C.F.R. 261.33(f) (2006). It is marked “forbidden”

for transportation by USDOT when it contains more than nine percent oxygen by weight. 49

C.F.R. 172.101 (2006). Thus marked as “forbidden” by USDOT, it would be excluded from the

definitions of “organic peroxide” and “oxidizer” under the corrected USEPA definition of

“oxidizer.”

See

40 C.F.R. 261.21(a)(4)(i)(B).

12

The tables list acetyl acetone peroxide, acetyl benzoyl peroxide, acetyl cyclohexanesulfonyl

peroxide, acetyl peroxide, ascaridole,

tert

-butyl hydroperoxide,

tert

-butyl peroxyacetate,

tert

-

butyl peroxydicarbonate,

tert

-butyl peroxyisobutyrate, di-

n

-butyl peroxydicarbonate, 2,2-di-

(

tert

-butylperoxy) butane, di-(

tert

-butylperoxy) phthalate, 2,2-di-(4,4-di-

tert

-

butylperoxycyclohexyl) propane, di-2,4-dichlorobenzoyl peroxide, di-(1-naphthoyl) peroxide,

diacetone alcohol peroxides, diacetyl peroxide, dibenzyl peroxydicarbonate, diethyl

peroxydicarbonate, 2,5-dimethyl-2,5-dihydroperoxy hexane, dimethylhexane dihydroperoxide,

dipropionyl peroxide, ethyl hydroperoxide, hexamethylene triperoxide diamine, isopropylcumyl

hydroperoxide, methyl ethyl ketone peroxide, organic peroxide type A, peroxyacetic acid,

---

52

The same is true of the 1980 version of the USDOT hazardous materials table. The organic

peroxides are listed as either “forbidden” or as “organic peroxide.”

13

See

49 C.F.R. 172.101

(1980).

It might be possible to argue that the exclusion of the more reactive and less reactive

organic peroxides by the exceptions of subsections (a)(4)(i)(A) through (a)(4)(i)(D) leaves only

those organic peroxides that would fit within the definition of “oxidizer.” This argument,

however, is proven false on the basis of the USEPA and USDOT regulations cited above.

USEPA has designated all of the listed organic peroxides as “reactive,” rather than “ignitable.”

USDOT has listed all chemically named peroxides as “forbidden.” Thus, the Board has finds no

support for the categorical USEPA assertion in new note 4 to 40 C.F.R. 261.21(a) that organic

peroxide is a type of oxidizer.

That USDOT did not intend its definition of “organic peroxide” as a subset of the

definition of “oxidizer” is further highlighted by the history of the USDOT definition. USDOT

adopted its initial definition of “oxidizer” in 1964. That original definition was very similar to

the core definition that existed in 1980, with one key difference: the definition used “peroxide”

where “inorganic peroxide” later appeared.

Compare

49 C.F.R. 73.151, as adopted at 29 Fed.

Reg. 18652, 18709 (Dec. 29, 1964)

with

49 C.F.R. 173.151 (1980);

see also

49 C.F.R. 173.127

(2006).

14

In 1976, however, USDOT added a separate definition of “organic peroxide,” as a

separate hazard class, and changed the definition of “oxidizer” to include only “inorganic

peroxide.”

See

49 C.F.R. 173.151, as amended, and 173.151a, as added, at 41 Fed. Reg. 15971,

16069 (Apr. 15, 1976). That USDOT intended the “organic peroxide” hazard class to be

separate from the “oxidizer” hazard class is plain in the brief explanation USDOT gave for these

changes:

173.151 and 173.151a These provide a separate classification and definition for

an oxidizer and an organic peroxide to recognize different hazard characteristics.

41 Fed. Reg. 15971, 15983 (Apr. 15, 1976).

Thus, there is no support for a conclusion that USDOT intended “organic peroxide” to be

“oxidizer” in 1980 when USEPA originally referenced the USDOT definition of “oxidizer” to

help define “ignitable waste.” The addition of the language from former 49 C.F.R. 173.151a to

that of former 49 C.F.R. 173.151 to broaden the definition of “oxidizer” to categorically include

organic peroxides was a material change in the scope of the federal regulations, despite

USEPA’s assertion that it intended no such change. USEPA apparently erred by making this

sodium picryl peroxide, tetramethylene diperoxide. The tables list as in hazard class 5.2:

organic peroxide types B-F.

13

Listing the named chemicals as “forbidden” or “organic peroxide,” depending on the material

and chemical concentration, but including a listing for “organic peroxide, n.o.s.” in place of

organic peroxide types A through F.

14

USDOT redesignated 49 C.F.R. 73.151 as 49 C.F.R. 173.151 at 32 Fed. Reg. 5606 (Apr. 5,

1967).

---

53

inclusion.

A more accurate way for USEPA to have dealt with organic peroxides would have been

to omit the definition from former 49 C.F.R. 173.151a when it corrected 40 C.F.R. 261.21(a)(4).

USEPA should also have omitted the references to organic peroxide from note 4 appended to 40

C.F.R. 261.21(a). Assuming that USEPA had to add the definition of “organic peroxide” to that

of “oxidizer” in 40 C.F.R. 261.21(a)(4) to include some organic peroxides that would otherwise

fulfill the definition of “oxidizer,” USEPA should have drafted note 4 in a way that does not

draw from the obsolete and irrelevant USDOT definition of “organic peroxide.” One such

possibility for note 4 follows (with deletions from USEPA’s note 4 indicated as overstruck and

additions indicated with underlining):

Note 4: The DOT regulatory definition of an oxidizer was formerly contained in

49 C.F.R. § 173.151 of 49 CFR, and the definition of an organic peroxide was

contained in paragraph 173.151a. An organic peroxide, which is an organic

compound that includes a bivalent -O-O- structural group and which may be

considered a derivative of hydrogen peroxide in which one or more of the

hydrogen atoms have been replaced by organic radicals, is a type of can be an

oxidizer even though the term “inorganic peroxide” is used by way of example in

the definition.

By drawing on the obsolete USDOT definition of “organic peroxide,” USEPA has

unnecessarily created two additional problems with the definition of “oxidizer.” These arise

from the exclusions from the definition of “organic peroxide.” First, the exclusions are designed

for transportation of materials, not for determining a threat to human health and the environment.

Second, major segments of the exclusions are indefinite in a way that would make them difficult

to implement.

Under the exclusions from the subsidiary definition of “organic peroxide” in 40 C.F.R.

261.21(a)(4), as corrected by USEPA, a material is not an organic peroxide if (1) it is an

explosive, as described in the USEPA rules (in the provision describing the hazardous waste

characteristic of reactivity), which cite to USDOT regulations for making the determination; (2)

it is a material that USDOT has designated as “forbidden” from transportation (either by

reference to the Hazardous Materials Table or a specific regulatory provision); (3) “it is

determined that the predominant hazard of the material containing an organic peroxide is other

than that of an organic peroxide”; or (4) USDOT has determined that the material does not

present a hazard in transportation.

The determination that a material is an explosive made using the USDOT regulations

presents problems with references to outdated USDOT regulations. The exclusion in 40 C.F.R.

261.21(a)(4)(i)(A) cites to the hazardous waste characteristic for “reactivity,” which in turn

refers to USDOT regulations:

§ 261.23 Characteristic of reactivity.

(a) A solid waste exhibits the characteristic of reactivity if a representative sample

---

54

of the waste has

any

of the following properties:

* * * * *

(8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A

explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49

CFR 173.88. 40 C.F.R. 261.23(a)(8) (2006)

These references are to obsolete USDOT regulations for the substance of the determination.

Former 49 C.F.R. 173.51 forbids transportation of certain explosives unless they were

expressly allowed under another provision of the USDOT rules.

See

49 C.F.R. 173.51 (1980).

The current version of 49 C.F.R. 173.51 is reworded to prohibit transportation of explosives

unless they are tested, classed, and approved by USDOT.

See

49 C.F.R. 173.51 (2006). The

current counterpart to former 49 C.F.R. 173.51 is 49 C.F.R. 173.54, which sets forth the

prohibition against transportation of explosives on terms very similar to those of former 49

C.F.R. 173.51.

Compare

49 C.F.R. 175.54 (2006)

with

49 C.F.R. 173.51 (1980).

Former 40 C.F.R. 173.53 defined a “Class A Explosive,” and former 40 C.F.R. 173.88

defined a “Class B Explosive.”

See

49 C.F.R. 173.53 and 173.88 (1980). The 1990 USDOT

amendments changed “Class A explosive” to “Division 1.1” or “Division 1.2.” What was

formerly a “Class B Explosive” is now “Division 1.2” or “Division 1.3.” 49 C.F.R. 173.53 table

(2006);

see

49 C.F.R. 173.50(a)(1)-(a)(3) (2006);

see also

55 Fed. Reg. 52402 (Dec. 21, 1990).

Under the current USDOT rules, the various divisions of explosives are defined in terms that are

distinct from those of the former USDOT rules. The former USDOT rules essentially defined

“Class A Explosive” as “detonating or otherwise of maximum hazard.” 49 C.F.R. 173.52(a)(1)

(1980);

see

49 C.F.R. 173.53 (1980) (definition of “Class A explosives”). Those old rules

essentially defined “Class B Explosive” as “flammable hazard.” 49 C.F.R. 173.52(a)(2) (1980);

see

49 C.F.R. 173.88 (1980) (definition of “Class B explosives”). Under the current USDOT

rules, an explosive is Division 1.1 “if the major hazard is mass explosion,” Division 1.2 “if the

major hazard is dangerous projections,” and Division 1.3 “if the major hazard is radiant heat or

violent burning, or both, but there is no blast or projection hazard.” 49 C.F.R. 173.50(b)(1),

(b)(2), and (b)(3) (2006). Thus, there is no clear correlation between the designations “Class A”

or “Class B” under the old USDOT rules and “Division 1.1,” Division 1.2,” or “Division 1.3”

under the existing USDOT rules. This is a defect in the current USEPA definition of “reactive

waste” in 40 C.F.R. 261.23(a)(8) that impacts the exclusions from the definition of “organic

peroxide” for the purpose of defining “oxidizer” in 40 C.F.R. 261.21(a)(4)(i)(A).

15

15

The Board corrected the references to the obsolete USDOT rules in UIC Corrections, USEPA

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

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

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

August 1, 2005), R06-7 (Jan. 5, 2006) (consolidated). USEPA has not yet made a corresponding

correction to 40 C.F.R. 261.23(a)(8).

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55

There is no problem with the exclusion in 40 C.F.R. 261.21(a)(4)(i)(B) of material

forbidden for transportation under the USDOT rules of 49 C.F.R. 172.101 and 173.21. While

each of these provisions has changed since 1990, their basic natures and subject matters have

not.

Compare

49 C.F.R. 175.21 (2006)

with

49 C.F.R. 173.21 (1980). That USEPA has not

provided for application of the 1980 version of this USDOT rule implies that its current version

is intended.

The third exclusion in 40 C.F.R. 261.21(a)(4)(i)(C) from the definition of “organic

peroxide” is ambiguous. It provides that a material is not an organic peroxide under the

following circumstances:

“It is determined that the predominant hazard of the material containing an

organic peroxide is other than that of an organic peroxide.” 40 C.F.R.

261.21(a)(4)(i)(C) (2006), as amended at 71 Fed. Reg. 40254 (July 14, 2006).

Since this definition is copied from the old version of 49 C.F.R. 173.151a(a)(3) (1980), it is easy

to assume that USDOT has made the determination. Since the text of the current USDOT rule is

essentially identical in its language, there is no problem with a determination made under an

obsolete rule.

Compare

49 C.F.R. 173.128(a)(3) (2006) with 49 C.F.R. 173.151a(a)(3) (1980).

However, the USEPA rule leaves it ambiguous whether a determination by USDOT is intended.

That problem would not exist if the USEPA rule cited the corresponding USDOT rule.

Similarly, the fourth and final exclusion in 40 C.F.R. 261.21(a)(4)(i)(D) from the

definition of “organic peroxide” presents problems with an indefinite determination. That

exclusion and its associated note read as follows:

(D) According to data on file with the Pipeline and Hazardous Materials Safety

Administration in the U.S. Department of Transportation (see Note 3), it has been

determined that the material does not present a hazard in transportation.

* * * * *

Note 3: As part of a U.S. Department of Transportation (DOT) reorganization,

the Research and Special Programs Administration (RSPA), which was the office

listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining

that a material does not present a hazard in transport, ceased operations on

February 20, 2005. RSPA programs have moved to the Pipeline and Hazardous

Materials Safety Administration (PHMSA) in the DOT. 40 C.F.R.

261.21(a)(4)(i)(D) and note 4 (2006), as amended at 71 Fed. Reg. 40254 (July 14,

2006).

While this provision makes it clear that USDOT makes the determination that the material does

not present a hazard in transportation, it does not make it clear whether that determination is

made under former 49 C.F.R. 173.151a or current 49 C.F.R. 173.128. If the determination is

made under 173.151a, as would appear intended from the context, USDOT no longer makes

determinations under that provision, and reliance would be on determinations made prior to

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56

1990, when USDOT removed that provision from its regulations. If the determination is made

under 173.128, reliance would be placed on the context of current USDOT regulations, but the

definition of “organic peroxide” has changed since 1990.

For the foregoing reasons, the Board believes that the use of the obsolete USDOT

language from the 1980 version of the USDOT regulations actually alters 40 C.F.R. 261.21(a)(4)

in a way not intended by USEPA. Adding the old USDOT definition of “oxidizer” to the

hazardous waste regulations steps backward from using what was formerly a current USDOT

hazard class to using one that is so old that its use will be fraught with uncertainty. It is very

difficult to rely on regulatory mechanisms for determinations that USDOT abandoned in 1990.

Adding the old USDOT definition of “organic peroxide” not only adds this uncertainty from

obsolete regulatory mechanisms, it further broadens the definition of “oxidizer” to include these

materials that USDOT has excluded from its definition of “oxidizer” since 1976. This inclusion

gainsays USEPA’s stated intent of not deviating from the 1980 version of the USDOT

regulations.

As was the case for the 40 C.F.R. 261.21(a)(3) definition of “ignitable compressed gas,”

the use of the language put forward by USEPA from the 1980 version of the USDOT regulations

would cause problems. It would, at best, result in a substantive change in the definition of

“ignitable waste.” At worst, it could result in a definition that is too vague to be uniformly

enforceable. The Board is reluctant to achieve either result.

Rather than follow the language used by USEPA and substantively amend the definition

of “ignitable waste” where USEPA has made it clear that no such change is intended, the Board

would prefer to maintain the

status quo ante

, as intended by USEPA. The operative concept

prior to the July 14, 2006 USEPA corrections was that a USDOT-designated “oxidizer” is

“ignitable waste.” USDOT has relied on 49 C.F.R. 173.127 for that designation since 1990.

That designation has not included “organic peroxide” as described in current 49 C.F.R. 173.128

or former 173.151a.

The Board has not amended the text of 35 Ill. Adm. Code 721.121(a)(4) (corresponding

with 40 C.F.R. 261.21(a)(4)) to include the language of the 1980 version of 49 C.F.R. 173.151

defining “oxidizer.” The Board has chosen not to broaden the definition of “oxidizer” by adding

the definition of “organic peroxide”—from either of the 1980 version of 49 C.F.R. 173.151a or

the current version of 49 C.F.R. 173.128. The Board has retained the existing text of 35 Ill.

Adm. Code 721.121(a)(4) as corrected in 2006 to reflect the 1990 USDOT amendments.

See

UIC Corrections, USEPA Amendments (January 1, 2005 through June 30, 2005), R06-5, RCRA

Subtitle D Update, USEPA Amendments (January 1, 2005 through June 30, 2005 and August 1,

2005), R06-6, RCRA Subtitle C Update, USEPA Amendments (January 1, 2005 through

June 30, 2005 and August 1, 2005), R06-7 (Jan. 5, 2006) (consolidated). The Board has changed

the Board note appended to this provision, however, to note the federal correction of July 14,

2006 and explain the differences between the text of this subsection (a)(4) and corresponding 40

C.F.R. 261.21(a)(4).

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57

Corrections to 40 C.F.R. 264.223(b)(1), 264.304(b)(1), 265.224(b)(1), and

265.303(b)(1) (corresponding with 724.323(b)(1), 724.404(b)(1), 725.324(b)(1), and

725.403(b)(1))

The USEPA correction of the spelling of “exceedence” to “exceedance” at 40 C.F.R.

264.223(b)(1), 264.304(b)(1), 265.224(b)(1), and 265.303(b)(1) runs contrary to the Board’s

historic approach to this word. In SDWA Update, USEPA Amendments (July 1, 2000 through

December 31, 2000; Radionuclides), R01-20 (Oct. 4, 2001), the Board confronted the disparate

spellings of this word. The Board stated as follows in the opinion accompanying those

amendments:

The word “exceedence” or “exceedance” is relatively new to the English

language. Of all the references available to the Board, the word appears only in

the Encarta World English Dictionary.

10

In that reference the word appears as

“exceedance.” Encarta World English Dictionary 620 (1999). The word appears

as “exceedance” in the definition of “exceedance probability” in another

reference. Dictionary of Environmental and Civil Engineering 195 (2000). The

Board has so far used the spelling, “exceedance,” as used by USEPA where the

word is used in the federal regulations. See,

e.g.

, 40 C.F.R. 141.87(d)(2) and

141.201(a)(3)(ii). However, the word “exceed” derives from the Latin

“

excedere,

” and the standard practice is to add the suffix “-ence” or “-ance” to

create the noun form depending on the vowel at the end of the Latin word that

forms the root, although there are enough exceptions to create confusion on the

spellings of the words created in this way. New Shorter Oxford English

Dictionary (4th ed. 1993). Thus, the standard rule would require the spelling

“exceedence.”

* * * * *

___________________________

10

Notably, among the references checked, the word did not appear in the Random

House Webster’s Unabridged Dictionary (2d ed. 1998), the New Shorter Oxford

English Dictionary (4th ed. 1993), The Chambers Dictionary (2000), or the

Langenscheidt’s New College Merriam-Webster English Dictionary (2000).

SDWA Update, USEPA Amendments (July 1, 2000 through December 31, 2000;

Radionuclides), R01-20 (Oct. 4, 2001) at pp. 9-10.

The Board then opted to follow the standard rule for Latinate words and used the spelling

“exceedence.” The Board later changed the spelling to “exceedence” in the RCRA rules in

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

R03-18, at p. 64-65 (June 5, 2003).

As a result of the recent USEPA change of the spelling from “exceedence” to

“exceedance,” the Board has reconsidered the previous position. The Board has chosen to

follow the USEPA lead and change the spelling to “exceedance” in the Illinois rules. It appears

that since the Board took its previous position with regard to the spelling, there has been a

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58

growing tendency to use the spelling “exceedance.” This is the spelling used in the relatively

new fourth edition of the American Heritage Dictionary.

See

“exceedance.” Dictionary.com.

The American Heritage Dictionary of the English Language, 4th ed. Houghton Mifflin

Company, 2004. (http://dictionary.reference.com/browse/exceedance (accessed: February 19,

2008)). It is also apparently endorsed by Princeton University.

See

“exceedance.”

Dictionary.com.

WordNet® 3.0

. Princeton University.

(http://dictionary.reference.com/browse/exceedance (accessed: February 19, 2008)).

The Board searched the entire text of the Illinois hazardous waste regulations and

discovered several other appearances of the spelling “exceedence.” All are in segments already

open in this proceeding. Thus, the Board will correct each spelling to “exceedance” at this time.

The Board will change the spelling at Sections 703.213(f), 724.353(b)(1), 724.936(a)(2)(A)(ii)

and (a)(2)(B), 724.965(a)(4), 726.206(d)(5), and 726.207(c)(3) (to agree with this spelling at

corresponding 40 C.F.R. 270.27(a)(6), 264.1036(a)(2)(A)(ii) and (a)(2)(B), 264.1065(a)(4),

266.106(d)(5), and 266.107(c)(3), respectively). Upon searching the parallel segments of federal

text, though, the Board has found a single occurrence of “exceedence” in the federal text that

USEPA has not yet corrected. This appears at 40 C.F.R. 270.315(f), which corresponds with 35

Ill. Adm. Code 703.352(e)(6). The Board has changed this spelling also.

Corrections to 40 C.F.R. 265.405(a)(1) and two to appendix VI to 40 C.F.R. 265

(corresponding with 35 Ill. Adm. Code 725.505(a)(1) and Appendix F to 35 Ill. Adm.

Code 725)

Three of USEPA’s corrections instill minor errors in the rules. The Board has not made

the corresponding corrections. In 40 C.F.R. 265.405(a)(1), USEPA changed the text to read

“§§ 261.21 or 261.23.” Use of “§§” is the plural abbreviation for “sections.” The text “261.21

or 261.23” is in the disjunctive, so the singular is appropriate. Appendix VI to 40 C.F.R. 264

changed the spellings “dimethylolpropane” to “dimethylpropane” and “sulfone” to “sultone.”

The proper spellings of these chemical species are indeed “dimethylolpropane” and “sulfone.”

The Board requested public comment on the incorporation of the July 14, 2008 federal

hazardous waste and used oil corrections into the Illinois regulations. In particular, the Board

requested comments on six specific aspects of these amendments in a series of queries. The

Agency responded to each of these six with comments. The following six paragraphs outline the

Board queries and the Agency responses to each.

First, the Board queried, should the Board use the current USDOT definition of

“flammable gas” in place of adding the language of the obsolete 1980 definition of “flammable

compressed gas” as a segment of the definition of “ignitable waste,” as was done by USEPA? In

PC 8, the Agency stated “that it is a good idea to update the definition to make it current with

other regulations (such as USDOT’s) as well as accounting for any advances in science to testing

methods that have been developed since 1980.” PC 8 at 2, numbered ¶ 1.

Second, the Board queried, if the Board is to use the language of the 1980 definition of

“flammable compressed gas” to define “ignitable waste,” how should the Board best incorporate

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59

the obsolete Bureau of Explosives methods into the Illinois rules? In PC 8, the Agency stated,

“The Agency suggests not using the 1980 definition.” PC 8 at 2, numbered ¶ 2.

Third, the Board queried, should the Board use the current USDOT definition of

“oxidizer” in place of adding the language of the obsolete 1980 definition of “oxidizer” as a

segment of the definition of “ignitable waste,” as was done by USEPA? In PC 8, the Agency

stated, “the Agency does not believe the Board should use obsolete definitions. * * * The

Board’s proposed approach would prevent problems with USEPA’s approach (i.e., using

obsolete methods and regulations for the outmoded hazard class.” PC 8 at 2, numbered ¶ 3.

Fourth, the Board queried, should the Board include the language of the obsolete 1980

USDOT definition of “organic peroxide” as a segment of the definition of “oxidizer” for the

purposes of defining “ignitable waste,” as was done by USEPA? In PC 8, the Agency directed

attention to the immediately foregoing response. PC 8 at 2, numbered ¶ 4.

Fifth, the Board asked, should the Board depart from past preference, follow USEPA’s

lead, and change the spelling “exceedence” to “exceedance”? In PC 8, the Agency stated that it

has no preference as to the spelling. PC 8 at 2, numbered ¶ 5.

Finally, the Board queried, does the Board correctly decline to make three corrections to

Sections 725.505(a)(1) and Appendix F to correspond with USEPA corrections to 40 C.F.R.

265.405(a)(1) and two to appendix VI to 40 C.F.R. 265 that the Board believes to have been

errors, as described immediately above? In PC 8, the Agency stated, “The Agency defers to the

Board’s judgment of this issue.” PC 8 at 2, numbered ¶ 5.

As a result of the public comments received, the Board made no substantive changes to

the amendments proposed on March 20, 2008 to accommodate the federal corrections of July 14,

2006. Any non-substantive revisions in the text are listed in Table C, which begins on page 135

of this opinion.

Conditional Exclusion of Used CRTs from the Definition of Solid Waste--Sections 720.110

and 721.104 and Subpart E of Part 721

16

On July 28, 2006 (71 Fed. Reg. 42928), USEPA adopted a conditional exclusion for used

cathode ray tubes (CRTs) from the definition of solid waste. Under the exclusion, used, intact

CRTs that are not disposed of or accumulated speculatively are not solid waste. If the CRTs are

intended for export, they are excluded if the person managing them fulfills specified notice and

consent requirements. If the used CRTs are broken, specified minimal management, storage,

transportation, accumulation, and export requirements apply. Requirements similar to those that

apply to used, broken CRTs apply to the glass extracted from used CRTs.

The Board incorporated the federal July 28, 2006 exclusion of CRTs from the definition

of solid waste without substantive deviation from the corresponding federal text. The deviations

16

Sections 721.138, 721.139, 721.140, 721.141.

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60

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

and to add clarity and ease of use for the regulated community. Table A, which begins on page

103 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 July 28, 2006

Federal Register

notice.

Only one aspect of the CRT exclusion warrants particular consideration here, since the

Board has found it necessary to depart from the language of the federal regulations in only two

significant ways. The first relates to the use of a key, defined term. USEPA added a definition

of “CRT processing” to 40 C.F.R. 260.10. This phrase is used in new 40 C.F.R. 261.39(b),

which outlines the requirements that apply to this activity. In 40 C.F.R. 261.39(a), however,

USEPA imposes requirements “prior to processing.” To clarify that “CRT processing” is

intended, the Board used this defined phrase in corresponding 35 Ill. Adm. Code 721.139(a).

Similarly, USEPA used the phrases “processed CRT glass” and “glass from used CRTs” in 40

C.F.R. 261.39(c). The Board changed these to use the defined term also, so that they both now

read “glass from CRT processing” in corresponding 35 Ill. Adm. Code 721.139(c). The Board

has further changed the phrase “after processing” in this same subsection (c) to “after CRT

processing.” Finally, USEPA used the phrase “glass from used CRTs” in 40 C.F.R. 261.39(d).

The Board changed this to “glass from CRT processing” in corresponding 35 Ill. Adm. Code

721.139(c) to standardize the usage and clarify the intent.

The second significant deviation from the federal text relates to export notifications.

USEPA requires in 40 C.F.R. 261.39(a)(5) and 261.41 that a person who exports used CRTs

submit a prior notification to USEPA. Based on 35 Ill. Adm. Code 261.39(a)(5)(v), it is clear

that USEPA will act in a central role in obtaining export authorizations from receiving countries.

Thus, throughout the text of corresponding 35 Ill. Adm. Code 721.139(a)(5) and 721.141, the

Board has required that the person exporting the CRTs submit the export requests to USEPA.

For the purposes of aiding enforcement and Agency inspections of facility records, the Board has

required parallel submissions by the person exporting the CRTs to the Agency. The Board

added a Board note to Section 721.139(a) that explains the parallel submissions and adds that the

parallel submissions are not intended to require or authorize a parallel authorization by the

Agency.

The Board requested public comment on the incorporation of the July 28, 2006 exclusion

of CRTs from the definition of solid waste. In particular, the Board requests comment on the

changes in the language discussed above to use the defined term “CRT processing” in place of

other phrases used by USEPA. The Board also specifically requested comment on the following

three questions posed by export notification requirements: (1) Is it necessary to add the Agency

as a recipient of the notifications? (2) Is it necessary to include the export notification

requirements in the Illinois rule if USEPA is the entity that is to receive and process them? (3)

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61

Would it be better to simply cross-reference to the federal export notification requirements than

to include them in the Illinois rules? In PC 8, the Agency responded as follows:

The Agency believes that it is important to have parallel notifications to the

Agency and USEPA. If the Agency is not notified, it will not know the export

activity that is going on and would, therefore, not be able to perform inspections.

Although the federal government does its own inspections, the Agency feels it is

critical that we also perform inspections. PC 8 at p.3.

As a result of the public comments received, the Board made no substantive changes to

the amendments proposed on March 20, 2008 to accommodate the federal amendments of July

28, 2006 relating to exclusion of used CRTs from the definition of solid waste. Any non-

substantive revisions in the text are listed in Table C, which begins on page 135 of this opinion.

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

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62

site-specific rulemaking). There often are differences in the nomenclature for these decisions

between the USEPA and Board regulations.

Table 1:

Tabulation of Amendments Needed to Complete the

Federal Manifest Amendments of March 4, 2005

As discussed above on pages 2 and 3 of this opinion, the Board is using this as the first

opportunity after September 6, 2006 to complete amendments based on the amendments to the

hazardous waste manifest system that USEPA adopted on March 4, 2005. USEPA in those

amendments codified two parallel versions of its rules, one effective until September 6, 2006 and

the other effective after that date. In the corresponding update docket, UIC Corrections, USEPA

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

Amendments (January 1, 2005 through June 30, 2005), R06-6, RCRA Subtitle C Update

(January 1, 2005 through June 30, 2005), R06-7 (Jan. 5, 2006) (consolidated), the Board could

not codify both versions using the same subsection designations, as did USEPA, so the Board

restructured the rules to accommodate the two versions under different designations. The

amendments that appear in the following table are necessary to remove the obsolete provisions

and restructure the Illinois rules to again agree with the structure of the corresponding federal

provisions.

Provision

Necessary Amendments

720.110 “designated

facility”

Remove “effective September 5, 2006”

720.110 “manifest

document number”

Remove the definition

720.110 “manifest

tracking number”

Remove “effective September 5, 2006”

722.120(a)

Remove subsection (a)

722.120(a)(1)

Remove subsection (a)(1)

722.120(a)(2)

Remove subsection (a)(2)

722.121(a)

Remove subsection (a)

722.121(a)(1)

Remove subsection (a)(1)

722.121(a)(2)

Remove subsection (a)(2)

722.121(b)

Remove subsection (b)

722.121(b)(1)

Renumber subsection (b)(1) to subsection (a)

722.121(b)(1)(A)

Renumber subsection (b)(1)(A) to subsection (a)(1); change “(b)(3)” to

“(c)”; change “(b)(5)” to “(e)”

722.121(b)(1)(B)

Renumber subsection (b)(1)(B) to subsection (a)(2); change

“subsection (b)” to “Section”

722.121(b)(2)

Renumber subsection (b)(2) to subsection (b)

722.121(b)(2)(A)

Renumber subsection (b)(2)(A) to subsection (b)(1)

722.121(b)(2)(B)

Renumber subsection (b)(2)(B) to subsection (b)(2)

722.121(b)(2)(C)

Renumber subsection (b)(2)(C) to subsection (b)(3)

722.121(b)(2)(D)

Renumber subsection (b)(2)(D) to subsection (b)(4)

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63

Provision

Necessary Amendments

722.121(b)(2)(E)

Renumber subsection (b)(2)(E) to subsection (b)(5)

722.121(b)(2)(E)(i)

Renumber subsection (b)(2)(E)(i) to subsection (b)(5)(A)

722.121(b)(2)(E)(ii)

Renumber subsection (b)(2)(E)(ii) to subsection (b)(5)(B); change

“subsection (b)” to “Section”

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

Renumber subsection (b)(2)(E)(iii) to subsection (b)(5)(C)

722.121(b)(2)(F)

Renumber subsection (b)(2)(F) to subsection (b)(6)

722.121(b)(2)(G)

Renumber subsection (b)(2)(G) to subsection (b)(7)

722.121(b)(2)(H)

Renumber subsection (b)(2)(H) to subsection (b)(8); change

“subsection (b)” to “Section”

722.121(b)(3)

Renumber subsection (b)(3) to subsection (c); change “(b)(2)” to “(b)”

722.121(b)(4)

Renumber subsection (b)(4) to subsection (d)

722.121(b)(4)(A)

Renumber subsection (b)(4)(A) to subsection (d)(1); change “(b)(3)” to

“(c)” (twice); change “(b)(4)(C)” to “(d)(3)”; change “(b)(6)” to “(f)”

722.121(b)(4)(B)

Renumber subsection (b)(4)(B) to subsection (d)(2)

722.121(b)(4)(B)(i)

Renumber subsection (b)(4)(B)(i) to subsection (d)(2)(A)

722.121(b)(4)(B)(ii)

Renumber subsection (b)(4)(B)(ii) to subsection (d)(2)(B)

722.121(b)(4)(B)(iii)

Renumber subsection (b)(4)(B)(iii) to subsection (d)(2)(C)

722.121(b)(4)(B)(iv)

Renumber subsection (b)(4)(B)(iv) to subsection (d)(2)(D)

722.121(b)(4)(C)

Renumber subsection (b)(4)(C) to subsection (d)(3)

722.121(b)(5)

Renumber subsection (b)(5) to subsection (e); change “(b)(3)” to “(c)”;

change “(b)(6)” to “(f)”

722.121(b)(6)

Renumber subsection (b)(6) to subsection (f)

722.121(b)(6)(A)

Renumber subsection (b)(6)(A) to subsection (f)(1)

722.121(b)(6)(B)

Renumber subsection (b)(6)(B) to subsection (f)(2)

722.121(b)(6)(C)

Renumber subsection (b)(6)(C) to subsection (f)(3)

722.121(b)(6)(D)

Renumber subsection (b)(6)(D) to subsection (f)(4)

722.121(b)(6)(E)

Renumber subsection (b)(6)(E) to subsection (f)(5)

722.121(b)(6)(F)

Renumber subsection (b)(6)(F) to subsection (f)(6)

722.121(b)(6)(F)(i)

Renumber subsection (b)(6)(F)(i) to subsection (f)(6)(A)

722.121(b)(6)(F)(ii)

Renumber subsection (b)(6)(F)(ii) to subsection (f)(6)(B)

722.121(b)(6)(F)(iii)

Renumber subsection (b)(6)(F)(iii) to subsection (f)(6)(C)

722.121(b)(6)(F)(iv)

Renumber subsection (b)(6)(F)(iv) to subsection (f)(6)(D)

722.121(b)(6)(F)(v)

Renumber subsection (b)(6)(F)(v) to subsection (f)(6)(E)

722.121(b)(6)(F)(vi)

Renumber subsection (b)(6)(F)(vi) to subsection (f)(6)(F)

722.121(b)(6)(G)

Renumber subsection (b)(6)(G) to subsection (f)(7); change “(b)(6) and

subsection (b)(14)” to “(f)”; move subsections (b)(14)(A) and

(b)(14)(B) to appear as subsection (f)(7)(A) and (f)(7)(B)

722.121(b)(6)(G)

Board note

Remove Board note

722.121(b)(7)

Renumber subsection (b)(7) to subsection (g)

722.121(b)(7)(A)

Renumber subsection (b)(7)(A) to subsection (g)(1); change “(b)(3)

and “(b)(5)” to “(c) and (e)”

722.121(b)(7)(A)(i)

Renumber subsection (b)(7)(A)(i) to subsection (g)(1)(A)

722.121(b)(7)(A)(ii)

Renumber subsection (b)(7)(A)(ii) to subsection (g)(1)(B)

---

64

Provision

Necessary Amendments

722.121(b)(7)(A)(iii)

Renumber subsection (b)(7)(A)(iii) to subsection (g)(1)(C)

722.121(b)(7)(A)(iv)

Renumber subsection (b)(7)(A)(iv) to subsection (g)(1)(D)

722.121(b)(7)(B)

Renumber subsection (b)(7)(B) to subsection (g)(2)

722.121(b)(8)

Renumber subsection (b)(8) to subsection (h)

722.121(b)(8)(A)

Renumber subsection (b)(8)(A) to subsection (h)(1); change “(b)(3)” to

“(c)”

722.121(b)(8)(B)

Renumber subsection (b)(8)(B) to subsection (h)(2)

722.121(b)(8)(C)

Renumber subsection (b)(8)(C) to subsection (h)(3); change “(b)(5)” to

“(e)”

722.121(b)(9)

Renumber subsection (b)(9) to subsection (i); change “(b)(5)” to “(e)”

722.121(b)(10)

Renumber subsection (b)(10) to subsection (j); change “(b)(4) or

(b)(8)(C)” to “(d) or (h)(3)”

722.121(b)(11)

Renumber subsection (b)(11) to subsection (k)

722.121(b)(12)

Renumber subsection (b)(12) to subsection (l); change “(b)(5)” to “(e)”

722.121(b)(13)

Renumber subsection (b)(13) to subsection (m)

722.121(b)(13)(A)

Renumber subsection (b)(13)(A) to subsection (m)(1)

722.121(b)(13)(A)(i)

Renumber subsection (b)(13)(A)(i) to subsection (m)(1)(A)

722.121(b)(13)(A)(ii)

Renumber subsection (b)(13)(A)(ii) to subsection (m)(1)(B)

722.121(b)(13)(B)

Renumber subsection (b)(13)(B) to subsection (m)(2)

722.121(b)(14)

Remove the subsection (b)(14) heading

722.121(b)(14)(A)

Move subsection (b)(14)(A) to appear as subsection (f)(7)(A)

722.121(b)(14)(A)(i)

Move subsection (b)(14)(A)(i) to appear as subsection (f)(7)(A)(i)

722.121(b)(14)(A)(ii)

Move subsection (b)(14)(A)(ii) to appear as subsection (f)(7)(A)(ii)

722.121(b)(14)(A)(iii) Move subsection (b)(14)(A)(iii) to appear as subsection (f)(7)(A)(iii)

722.121(b)(14)(B)

Move subsection (b)(14)(B) to appear as subsection (f)(7)(B)

722.121(b)(14)(B)(i)

Move subsection (b)(14)(B)(i) to appear as subsection (f)(7)(B)(i)

722.121(b)(14)(B)(ii)

Move subsection (b)(14)(B)(ii) to appear as subsection (f)(7)(B)(ii)

722.121(b)(14)(B)(iii)

Move subsection (b)(14)(B)(iii) to appear as subsection (f)(7)(B)(iii)

722.121(b)(14) Board

note

Remove the Board note

722.121 Board note

Remove the Board note

722.127 preamble

Remove “effective September 5, 2006”

722.132(b)(1)

Remove subsection (b)(1)

722.132(b)(2)

Renumber subsection (b)(2) to (b); remove “effective September 5,

2006”

722.132(b) Board note Remove Board note

722.133(a)

Removed subsection (b)(1)

722.133(b)

Remove the subsection designation; remove “effective September 5,

2006”

722.133 Board note

Remove Board note

722.134(m)

Remove “effective September 5, 2006”

722.160(c)

Change “722.121(a) or (b)(7)” to “722.121”

722.160(d)

Remove “effective September 5, 2006”

---

65

Provision

Necessary Amendments

722.160(e)

Remove “effective September 5, 2006”; change “724.171(a)(2)(C) or

725.171(a)(2)(C)” to “724.171(a)(3) or 725.171(a)(3)”

723.120(a)(1)

Remove subsection (a)(1)

723.120(a)(1)(A)

Remove subsection (a)(1)(A)

723.120(a)(1)(A)(i)

Remove subsection (a)(1)(A)(i)

723.120(a)(1)(A)(ii)

Remove subsection (a)(1)(A)(ii)

723.120(a)(1)(B)

Remove subsection (a)(1)(B)

723.120(a)(2)

Remove subsection (a)(2)

723.120(a)(2)(A)

Renumber subsection (a)(2)(A) to subsection (a)(1)

723.120(a)(2)(B)

Renumber subsection (a)(2)(B) to subsection (a)(2)

723.120(a)(2)(B)(i)

Renumber subsection (a)(2)(B)(i) to subsection (a)(2)(A)

723.120(a)(2)(B)(ii)

Renumber subsection (a)(2)(B)(ii) to subsection (a)(2)(B)

723.120(a) Board note Remove Board note

723.120(g)(1)

Remove subsection (g)(1)

723.120(g)(1)(A)

Remove subsection (g)(1)(A)

723.120(g)(1)(B)

Remove subsection (g)(1)(B)

723.120(g)(1)(C)

Remove subsection (g)(1)(C)

723.120(g)(1)(D)

Remove subsection (g)(1)(D)

723.120(g)(2)

Remove subsection (g)(2)

723.120(g)(2)(A)

Renumber subsection (g)(2)(A) to subsection (g)(1)

723.120(g)(2)(B)

Renumber subsection (g)(2)(B) to subsection (g)(2)

723.120(g)(2)(C)

Renumber subsection (g)(2)(C) to subsection (g)(3)

723.120(g)(2)(D)

Renumber subsection (g)(2)(D) to subsection (g)(4)

723.120(g) Board note Remove Board note

723.121(b)(1)

Remove subsection (b)(1)

723.121(b)(2)

Remove subsection (b)(2)

723.121(b)(2)(A)

Renumber subsection (b)(2)(A) to subsection (b)(1)

723.121(b)(2)(B)

Renumber subsection (b)(2)(B) to subsection (b)(2)

723.121(b)(2)(B)(i)

Renumber subsection (b)(2)(B)(i) to subsection (b)(2)(A); change

“(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)” to “(e)(1)

through (e)(6) or (f)(1) through (f)(6)” (twice)

723.121(b)(2)(B)(ii)

Renumber subsection (b)(2)(B) to subsection (b)(2)(B); change

“(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)” to “(e)(1)

through (e)(6) or (f)(1) through (f)(6)” (twice)

723.121(b) Board note Remove Board note

724.171(a)(1)

Remove subsection (a)(1)

724.171(a)(1)(A)

Remove subsection (a)(1)(A)

724.171(a)(1)(B)

Remove subsection (a)(1)(B)

724.171(a)(1) Board

note

Remove Board note

724.171(a)(1)(C)

Remove subsection (a)(1)(C)

724.171(a)(1)(D)

Remove subsection (a)(1)(D)

724.171(a)(1)(E)

Remove subsection (a)(1)(E)

---

66

Provision

Necessary Amendments

724.171(a)(2)

Remove subsection (a)(2)

724.171(a)(2)(A)

Renumber subsection (a)(2)(A) to subsection (a)(1); change “(a)(2)(B)”

to “(a)(2)”

724.171(a)(2)(B)

Renumber subsection (a)(2)(B) to subsection (a)(2)

724.171(a)(2)(B)(i)

Renumber subsection (a)(2)(B)(i) to subsection (a)(2)(A)

724.171(a)(2)(B)(ii)

Renumber subsection (a)(2)(B)(ii) to subsection (a)(2)(B); change

“724.172(b)” to “724.172”

724.171(a)(2)(B)(iii)

Renumber subsection (a)(2)(B)(iii) to subsection (a)(2)(C)

724.171(a)(2)(B)(iv)

Renumber subsection (a)(2)(B)(iv) to subsection (a)(2)(D)

724.171(a)(2)(B)(v)

Renumber subsection (a)(2)(B)(v) to subsection (a)(2)(E)

724.171(a)(2)(C)

Renumber subsection (a)(2)(C) to subsection (a)(3)

724.171(a) Board note Remove Board note

724.171(b)(4)

Remove subsection (b)(4)

724.171(b)(4)(A)

Remove subsection (b)(4)(A)

724.171(b)(4)(B)

Renumber subsection (b)(4)(B) to subsection (b)(4); remove “effective

September 5, 2006”

724.171(b)(4) Board

note

Remove last two sentences of Board note

724.172(a)

Remove subsection (a)

724.172(a)(1)

Remove subsection (a)(1)

724.172(a)(1)(A)

Remove subsection (a)(1)(A)

724.172(a)(1)(B)

Remove subsection (a)(1)(B)

724.172(a)(1)(B)(i)

Remove subsection (a)(1)(B)(i)

724.172(a)(1)(B)(ii)

Remove subsection (a)(1)(B)(ii)

724.172(a)(1)(C)

Remove subsection (a)(1)(C)

724.172(a)(2)

Remove subsection (a)(2)

724.172(b)

Remove subsection (b)

724.172(b)(1)

Renumber subsection (b)(1) to subsection (a)

724.172(b)(1)(A)

Renumber subsection (b)(1)(A) to subsection (a)(1); change “(b)(2)” to

“(b)”

724.172(b)(1)(B)

Renumber subsection (b)(1)(B) to subsection (a)(2)

724.172(b)(1)(C)

Renumber subsection (b)(1)(C) to subsection (a)(3)

724.172(b)(2)

Renumber subsection (b)(2) to subsection (b)

724.172(b)(3)

Renumber subsection (b)(3) to subsection (c)

724.172(b)(4)

Renumber subsection (b)(4) to subsection (d)

724.172(b)(4)(A)

Renumber subsection (b)(4)(A) to subsection (d)(1)

724.172(b)(4)(B)

Renumber subsection (b)(4)(B) to subsection (d)(2); change “(b)(5) or

(b)(6)” to “(e) or (f)”

724.172(b)(5)

Renumber subsection (b)(5) to subsection (e); change “(b)(5)(G)” to

“(e)(7)”

724.172(b)(5)(A)

Renumber subsection (b)(5)(A) to subsection (e)(1)

724.172(b)(5)(B)

Renumber subsection (b)(5)(B) to subsection (e)(2)

724.172(b)(5)(C)

Renumber subsection (b)(5)(C) to subsection (e)(3)

724.172(b)(5)(D)

Renumber subsection (b)(5)(D) to subsection (e)(4)

---

67

Provision

Necessary Amendments

724.172(b)(5)(E)

Renumber subsection (b)(5)(E) to subsection (e)(5)

724.172(b)(5)(F)

Renumber subsection (b)(5)(F) to subsection (e)(6)

724.172(b)(5)(G)

Renumber subsection (b)(5)(G) to subsection (e)(7); change “(b)(5)(A)

though (b)(5)(F)” to “(e)(1) through (e)(6)”

724.172(b)(6)

Renumber subsection (b)(6) to subsection (f); change “(b)(6)(G)” to

“(f)(7)”

724.172(b)(6)(A)

Renumber subsection (b)(6)(A) to subsection (f)(1)

724.172(b)(6)(B)

Renumber subsection (b)(6)(B) to subsection (f)(2)

724.172(b)(6)(C)

Renumber subsection (b)(6)(C) to subsection (f)(3)

724.172(b)(6)(D)

Renumber subsection (b)(6)(D) to subsection (f)(4)

724.172(b)(6)(E)

Renumber subsection (b)(6)(E) to subsection (f)(5)

724.172(b)(6)(F)

Renumber subsection (b)(6)(F) to subsection (f)(6)

724.172(b)(6)(G)

Renumber subsection (b)(6)(G) to subsection (f)(7); change “(b)(6)(A)

through (b)(6)(F)” to “(f)(1) through (f)(6)”

724.172(b)(7)

Renumber subsection (b)(7) to subsection (g)

724.172 Board note

Remove Board note

724.176(a)

Remove subsection (a)

724.176(a)(1)

Remove subsection (a)(1)

724.176(a)(2)

Remove subsection (a)(2)

724.176(a)(3)

Remove subsection (a)(3)

724.176(a)(4)

Remove subsection (a)(4)

724.176(a)(5)

Remove subsection (a)(5)

724.176(a)(6)

Remove subsection (a)(6)

724.176(a)(7)

Remove subsection (a)(7)

724.176(b)

Renumber subsection (b) to subsection (a); remove “the following . . .

effective September 5, 2006”

724.176(b)(1)

Renumber subsection (b)(1) to subsection (a)(1)

724.176(b)(2)

Renumber subsection (b)(2) to subsection (a)(2)

724.176(b)(3)

Renumber subsection (b)(3) to subsection (a)(3)

724.176(b)(4)

Renumber subsection (b)(4) to subsection (a)(4)

724.176(b)(5)

Renumber subsection (b)(5) to subsection (a)(5)

724.176(b)(6)

Renumber subsection (b)(6) to subsection (a)(6)

724.176(b)(7)

Renumber subsection (b)(7) to subsection (a)(7)

724.176(b) note

Add an explanatory provision as subsection (b) to maintain structural

consistency

724.176 Board note

Remove last two sentences of Board note

725.171(a)(1)

Remove subsection (a)(1)

725.171(a)(1)(A)

Remove subsection (a)(1)(A)

725.171(a)(1)(B)

Remove subsection (a)(1)(B)

725.171(a)(1) Board

note

Remove Board note

725.171(a)(1)(C)

Remove subsection (a)(1)(C)

725.171(a)(1)(D)

Remove subsection (a)(1)(D)

---

68

Provision

Necessary Amendments

725.171(a)(1)(E)

Remove subsection (a)(1)(E)

725.171(a)(2)

Remove subsection (a)(2)

725.171(a)(2)(A)

Renumber subsection (a)(2)(A) to subsection (a)(1); change “(a)(2)(B)”

to “(a)(2)”

725.171(a)(2)(B)

Renumber subsection (a)(2)(B) to subsection (a)(2)

725.171(a)(2)(B)(i)

Renumber subsection (a)(2)(B)(i) to subsection (a)(2)(A)

725.171(a)(2)(B)(ii)

Renumber subsection (a)(2)(B)(ii) to subsection (a)(2)(B); change

“724.172(b)” to “724.172”

725.171(a)(2)(B)(iii)

Renumber subsection (a)(2)(B)(iii) to subsection (a)(2)(C)

725.171(a)(2)(B)(iv)

Renumber subsection (a)(2)(B)(iv) to subsection (a)(2)(D)

725.171(a)(2)(B)(v)

Renumber subsection (a)(2)(B)(v) to subsection (a)(2)(E)

725.171(a)(2)(C)

Renumber subsection (a)(2)(C) to subsection (a)(3)

725.171(a) Board note Remove Board note

725.171(b)(4)

Remove subsection (b)(4)

725.171(b)(4)(A)

Remove subsection (b)(4)(A)

725.171(b)(4)(B)

Renumber subsection (b)(4)(B) to subsection (b)(4); remove “effective

September 5, 2006”

725.171(b)(4) Board

note

Remove last two sentences of Board note

725.172(a)

Remove subsection (a)

725.172(a)(1)

Remove subsection (a)(1)

725.172(a)(2)

Remove subsection (a)(2)

725.172(a)(2)(A)

Remove subsection (a)(2)(A)

725.172(a)(2)(B)

Remove subsection (a)(2)(B)

725.172(a)(3)

Remove subsection (a)(3)

725.172(a)(4)

Remove subsection (a)(4)

725.172(b)

Remove subsection (b)

725.172(b)(1)

Renumber subsection (b)(1) to subsection (a)

725.172(b)(1)(A)

Renumber subsection (b)(1)(A) to subsection (a)(1); change “(b)(2)” to

“(b)”

725.172(b)(1)(B)

Renumber subsection (b)(1)(B) to subsection (a)(2)

725.172(b)(1)(C)

Renumber subsection (b)(1)(C) to subsection (a)(3)

725.172(b)(2)

Renumber subsection (b)(2) to subsection (b)

725.172(b)(3)

Renumber subsection (b)(3) to subsection (c)

725.172(b)(4)

Renumber subsection (b)(4) to subsection (d)

725.172(b)(4)(A)

Renumber subsection (b)(4)(A) to subsection (d)(1)

725.172(b)(4)(B)

Renumber subsection (b)(4)(B) to subsection (d)(2); change “(b)(5) or

(b)(6)” to “(e) or (f)”

725.172(b)(5)

Renumber subsection (b)(5) to subsection (e); change “(b)(5)(G)” to

“(e)(7)”

725.172(b)(5)(A)

Renumber subsection (b)(5)(A) to subsection (e)(1)

725.172(b)(5)(B)

Renumber subsection (b)(5)(B) to subsection (e)(2)

725.172(b)(5)(C)

Renumber subsection (b)(5)(C) to subsection (e)(3)

725.172(b)(5)(D)

Renumber subsection (b)(5)(D) to subsection (e)(4)

---

69

Provision

Necessary Amendments

725.172(b)(5)(E)

Renumber subsection (b)(5)(E) to subsection (e)(5)

725.172(b)(5)(F)

Renumber subsection (b)(5)(F) to subsection (e)(6)

725.172(b)(5)(G)

Renumber subsection (b)(5)(G) to subsection (e)(7); change “(b)(5)(A)

though (b)(5)(F)” to “(e)(1) through (e)(6)”

725.172(b)(6)

Renumber subsection (b)(6) to subsection (f); change “(b)(6)(A) though

(b)(6)(F)” to “(f)(1) through (f)(6)”

725.172(b)(6)(A)

Renumber subsection (b)(6)(A) to subsection (f)(1)

725.172(b)(6)(B)

Renumber subsection (b)(6)(B) to subsection (f)(2)

725.172(b)(6)(C)

Renumber subsection (b)(6)(C) to subsection (f)(3)

725.172(b)(6)(D)

Renumber subsection (b)(6)(D) to subsection (f)(4)

725.172(b)(6)(E)

Renumber subsection (b)(6)(E) to subsection (f)(5)

725.172(b)(6)(F)

Renumber subsection (b)(6)(F) to subsection (f)(6)

725.172(b)(6)(G)

Renumber subsection (b)(6)(G) to subsection (f)(7); change “(b)(6)(A)

through (b)(6)(F)” to “(f)(1) through (f)(6)”

725.172(b)(7)

Renumber subsection (b)(7) to subsection (g)

725.172 Board note

Remove Board note

725.176(a)

Remove subsection (a)

725.176(a)(1)

Remove subsection (a)(1)

725.176(a)(2)

Remove subsection (a)(2)

725.176(a)(3)

Remove subsection (a)(3)

725.176(a)(4)

Remove subsection (a)(4)

725.176(a)(5)

Remove subsection (a)(5)

725.176(a)(6)

Remove subsection (a)(6)

725.176(a)(7)

Remove subsection (a)(7)

725.176(b)

Renumber subsection (b) to subsection (a); remove “the following . . .

effective September 5, 2006”

725.176(b)(1)

Renumber subsection (b)(1) to subsection (a)(1)

725.176(b)(2)

Renumber subsection (b)(2) to subsection (a)(2)

725.176(b)(3)

Renumber subsection (b)(3) to subsection (a)(3)

725.176(b)(4)

Renumber subsection (b)(4) to subsection (a)(4)

725.176(b)(5)

Renumber subsection (b)(5) to subsection (a)(5)

725.176(b)(6)

Renumber subsection (b)(6) to subsection (a)(6)

725.176(b)(7)

Renumber subsection (b)(7) to subsection (a)(7)

725.176(b) note

Add an explanatory provision as subsection (b) to maintain structural

consistency

725.176 Board note

Remove last two sentences of Board note

Table 2:

Listing of Updated

Code of Federal Regulations

Provisions

As discussed above on page 5 of this opinion, various provisions of the

Code of Federal

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

---

70

indicates the latest edition available and lists the

Federal Register

citations to subsequent

updates to that latest edition.

17

Nuclear Regulatory Commission Regulations (C.F.R. updated January 1, 2007)

Federal Provision

Amendments Since Most Recent C.F.R. Edition

10 C.F.R. 20.2006

72 Fed. Reg. 55864 (Oct. 1, 2007)

Table II, column 2 in appendix B to 10

C.F.R. 20

72 Fed. Reg. 55864 (Oct. 1, 2007)

10 C.F.R. 71

72 Fed. Reg. 63969 (Nov. 14, 2007)

U.S. Coast Guard Regulations (C.F.R. updated July 1, 2005)

Federal Provision

Amendments Since Most Recent C.F.R. Edition

33 C.F.R. 153.203

No federal amendments in this period.

U.S. Environmental Protection Agency Regulations (C.F.R. updated July 1, 2007)

Federal Provision

Amendments Since Most Recent C.F.R. Edition

40 C.F.R. 60

72 Fed. Reg. 51365 (Sep. 7, 2007),

72 Fed. Reg. 51494 (Sep. 7, 2007),

72 Fed. Reg. 55278 (Sep. 28, 2007),

72 Fed. Reg. 59190 (Oct. 19, 2007),

72 Fed. Reg. 62414 (Nov. 5, 2007),

72 Fed. Reg. 64860 (Nov. 16, 2007)

40 C.F.R. 60, subpart VV

(§§ 60.480-60.489)

72 Fed. Reg. 64860 (Nov. 16, 2007)

40 C.F.R. 60, appendix A

72 Fed. Reg. 51365 (Sep. 7, 2007),

72 Fed. Reg. 51494 (Sep. 7, 2007),

72 Fed. Reg. 55278 (Sep. 28, 2007)

40 C.F.R. 63

72 Fed. Reg. 36363 (July 3, 2007),

72 Fed. Reg. 38864 (July 16, 2007),

72 Fed. Reg. 61060 (Oct. 29, 2007),

72 Fed. Reg. 73180 (Dec. 26, 2007),

72 Fed. Reg. 73611 (Dec. 28, 2007),

72 Fed. Reg. 74088 (Dec. 28, 2007)

40 C.F.R. 761

72 Fed. Reg. 53152 (Sep. 18, 2007),

72 Fed. Reg. 57235 (Oct. 9, 2007)

40 C.F.R. 761.60

72 Fed. Reg. 57235 (Oct. 9, 2007)

40 C.F.R. 761.65

72 Fed. Reg. 57235 (Oct. 9, 2007)

40 C.F.R. 761.70

72 Fed. Reg. 57235 (Oct. 9, 2007)

17

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.

---

71

U.S. Department of Transportation Regulations (C.F.R. updated October 1, 2007)

Federal Provision

Amendments Since Most Recent C.F.R. Edition

Subpart B of 49 C.F.R. 107

(§§ 107.101-101.127)

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 171

72 Fed. Reg. 55678 (Oct. 1, 2007),

72 Fed. Reg. 59147 (Oct. 18, 2007)

49 C.F.R. 171.8

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 171.15

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 172

72 Fed. Reg. 55678 (Oct. 1, 2007),

72 Fed. Reg. 59147 (Oct. 18, 2007)

Subpart F of 49 C.F.R. 172

(§§ 172.500-172.560)

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 173

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 174

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 175

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 176

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 178

72 Fed. Reg. 55678 (Oct. 1, 2007),

72 Fed. Reg. 59147 (Oct. 18, 2007)

49 C.F.R. 179

72 Fed. Reg. 55678 (Oct. 1, 2007)

49 C.F.R. 180

72 Fed. Reg. 55678 (Oct. 1, 2007)

Table 3:

Summary Listing of the Board Disposition of Each USEPA Revision Made in

the July 14, 2006 Hazardous Waste and Used Oil Corrections

The following table briefly outlines the federal corrections of July 14, 2006. It further

indicates the corresponding Illinois provision and whether Board action to amend that provision

was necessary based on the federal correction. Where action was necessary, the table indicates

the nature of the action. Where no action was necessary, the table indicates why no action was

necessary. Discussion of the significant changes appears following this table, on pages 29

through 57 of this opinion.

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

260.10 “incompatible waste”: Added a

reference to appendix V of part 264

720.110 “incompatible waste”: The Board

added a reference to corresponding

Appendix E to part 724

260.10 “personnel”: Removed comma after

“work”

720.110 “personnel”: Not necessary, comma

already removed

260.10 “universal waste”: Removed “§”

symbol before “273”

720.110 “universal waste”: Not necessary,

symbol already removed

260.10 “used oil”: Corrected “in

contaminated” to “is contaminated”

720.110 “used oil”: Not necessary, already

corrected

---

72

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

260.22(a)(1): Corrected the spelling

“actutely hazardous waste” to “acutely

hazardous waste”

720.122(a)(1): Not necessary, the Board

used “acute hazardous waste” in Sections

720.122(a)(1), 721.105(e) Board note, and

721.130(d), corresponding with “acutely

hazardous waste” in 40 C.F.R. 260.22(a)(1),

261.5(e) note, and 261.30(d), to standardize

the language throughout the rules

260.22(d)(1)(ii): Corrected the spelling

“hazrdous” to “hazardous waste”

720.122(d)(1)(A): Not necessary, the Board

used “acute hazardous waste” in Sections

720.122(a)(1), 721.105(e) Board note, and

721.130(d), corresponding with “acutely

hazardous waste” in 40 C.F.R. 260.22(a)(1),

261.5(e) note, and 261.30(d), to standardize

the language throughout the rules

260.40(a): Corrected the reference

“261.6(a)(2)(iv)” to “261.6(a)(2)(iii)”

720.140(a): The Board corrected the cross-

reference to corresponding

“721.106(a)(2)(C)”

260.41: Corrected the reference

“261.6(a)(2)(iv)” to “261.6(a)(2)(iii)”

720.141: The Board corrected the cross-

reference to corresponding

“721.106(a)(2)(C)”

261.2(c)(1)(i): Corrected the reference

“Table I” to “Table 1”

721.102(c)(1)(A): Not necessary, the Board

rendered the federal “Table 1” as Appendix

Z to Part 721

261.3(a)(2)(i): Corrected the reference

“Table I” to “Table 1”

721.103(a)(2)(A): Not necessary, the Board

rendered the federal reference to “Table 1 to

§ 261.24” as “Section 721.124”

261.4(a)(20)(v): Corrected the reference

“inparagraph” to “in paragraph”

721.104(a)(20)(E): Not necessary, the Board

rendered this reference as “in subsection”

261.4(b)(6)(i)(B): Corrected the spelling

“exlcusively” to “exclusively”

721.104(b)(6)(A)(ii): Not necessary, the

Board has already corrected this spelling

261.4(b)(6)(ii): Corrected “specific waste”

to plural “specific wastes”

721.104(b)(6)(B): Not necessary, the Board

has already corrected this to plural

261.4(b)(6)(ii)(D): Corrected the spelling

“crome” to “chrome”

721.104(b)(6)(B)(iv): Not necessary, the

Board has already corrected this spelling

261.4(b)(6)(ii)(F): Corrected the spelling

“sludes” to “sludges”; corrected “chrometan”

to “chrome tan”

721.104(b)(6)(B)(vii): Not necessary, the

Board has already corrected the spellings to

“sludges” and “chrome tan”

261.4(b)(9): Corrected “wood product” to

plural “wood products”

721.104(b)(9): Not necessary, the Board has

already corrected this to plural

261.4(e)(2)(vi): Corrected the reference

“(e)(v)(C)” to “(e)(2)(v)(C)”

721.104(e)(2)(F): Not necessary, the Board

has already corrected the corresponding

reference to “(e)(2)(E)(iii)”

---

73

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

261.4(e)(3)(i): Corrected the spelling

“treatabilty” to “treatability”

721.104(e)(3)(A): Not necessary, the Board

has already corrected this spelling

261.6(a)(2)(i): Changed “subpart C” to “40

CFR 266, subpart C”

721.106(a)(2)(A): Not necessary, the Board

has already rendered the corresponding

reference as “Subpart C of 35 Ill. Adm. Code

726”

261.6(a)(2)(ii): Changed “subpart H” to “40

CFR 266, subpart H”

721.106(a)(2)(B): Not necessary, the Board

has already rendered the corresponding

reference as “Subpart H of 35 Ill. Adm. Code

726”

261.6(a)(2)(iii): Changed “subpart F” to “40

CFR 266, subpart F”

721.106(a)(2)(C): Not necessary, the Board

has already rendered the corresponding

reference as “Subpart F of 35 Ill. Adm. Code

726”

261.6(a)(2)(iv): Changed “subpart G” to “40

CFR 266, subpart G”

721.106(a)(2)(D): Not necessary, the Board

has already rendered the corresponding

reference as “Subpart G of 35 Ill. Adm. Code

726”

261.6(a)(2)(v): Changed “subpart O” to “40

CFR 266, subpart O”

721.106(a)(2)(E): Not necessary, this is a

site-specific provision for a facility outside

Illinois for which there is no corresponding

Illinois provision

261.6(c)(2): Corrected the spelling

“rcycled” to “recycled”

721.106(c)(2): Not necessary, the Board has

already corrected this spelling

261.21(a)(3): Replace the references to the

obsolete USDOT rule 49 CFR 173.300 with

the language of the 1980 version of that rule

721.121(a)(3): The Board retained the

existing references to the current USDOT

regulations as earlier corrected by the Board

261.21(a)(4): Replace the references to the

obsolete USDOT rule 49 CFR 173.151 with

the language of the 1980 version of that rule,

including addition of the language of the

1980 version 49 C.F.R. 173.151a

721.121(a)(4): The Board retained the

existing references to the current USDOT

regulations as earlier corrected by the Board

261.24(b) table: Change “Table I” to “Table

1” in the table heading

721.124(b) table: Not necessary, the Board

never added the table number to the heading

261.31(a) table: Add a footnote “(I,T)

should be used to specify mixtures that are

ignitable and contain toxic constituents.”

721.131(a) table: The Board added the

statement to the Board note appended to the

table

261.32 “K107”: Correct the spelling “1,1-

dimethyl-hydrazine” to “1,1-

dimethylhydrazine”

721.132: Not necessary, the Board already

corrected the spelling of the chemical name

by removing the hyphen

261.32 “K069”: Add a closing parenthesis

after “Federal Register”

721.132: Not necessary, the Board never

included the parenthetical statement in the

Board note appended to the listing

---

74

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

261.33(e): Correct “are subject to be the” to

“are subject to the”

721.133(e): Not necessary, the Board has

already corrected the language

261.33(e): Add the statement “Wastes are

first listed in alphabetical order by substance

and then listed again in numerical order by

Hazardous Waste Number.” to the note

preceding the table

721.133(e): The Board added the statement,

changing “Hazardous Waste Number” to

“USEPA hazardous waste number”

261.33(e) table “P045”: Correct “2-

butanone, 3,3-dimethyl-1-(methylamino)-,

O-[methylamino)carbonyl]oxime” to “2-

butanone, 3,3-dimethyl-1-(methylamino)-,

O-[(methylamino)carbonyl]oxime”

721.133(e) table “P045”: Not necessary, the

Board previously changed the brackets to

parentheses, so the more appropriate

correction is “2-butanone, 3,3-dimethyl-1-

(methylamino)-, O-(methylamino)-

carbonyl)oxime” to “2-butanone, 3,3-

dimethyl-1-(methylamino)-, O-

((methylamino)carbonyl)oxime”

261.33(e) table “P194”: Correct the spelling

“ethanimidothioc” to “ethanimidothioic”

721.133(e) table “P194”: The Board made

the necessary correction

261.33(e) table “P074”: Correct the spelling

“cynaide” to “cyanide”

721.133(e) table “P074”: Not necessary, the

Board already corrected the spelling of the

chemical name

261.33(e) table “numerical list”: Add the

table listing the wastes by hazardous waste

number

721.133(e) table “numerical listing”: The

Board added the table, but changed “list” to

“listing” in the heading, and used the

chemical names and format as they appear in

the preceding table in the Illinois rules

261.33(f): Correct the spelling

“manfacturing” to “manufacturing”

721.133(f): Not necessary, the Board has

already corrected the language

261.33(f): Add the statement “Wastes are

first listed in alphabetical order by substance

and then listed again in numerical order by

Hazardous Waste Number.” to the note

preceding the table

721.133(f): The Board added the statement,

changing “Hazardous Waste Number” to

“USEPA hazardous waste number”

261.33(f) table “U182”: Correct the

hazardous waste number “2” to “U182”

721.133(f) table: Not necessary, the Board

has already corrected the number

261.33(f) table “U216”: Correct the

empirical formula “Tlcl” to “TlCl”

721.133(f) table: Not necessary, the Board

has already corrected the number

261.33(f) table “U227”: Add the entry for

the alternative name “ethane, 1,1,2-

trichloro-”

721.133(f) table: The Board added the entry

---

75

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

261.33(f) table “numerical list”: Add the

table listing the wastes by hazardous waste

number

721.133(f) table “numerical listing”: The

Board added the table, but changed “list” to

“listing” in the heading, and used the

chemical names and format as they appear in

the preceding table in the Illinois rules

261.38 table: Correct “Halogenated

Organic” to plural “Halogenated Organics”

721.Appendix Y: Not necessary, the Board

has already corrected the sub-heading to the

plural

261.38 table “dichloromethoxymethane”:

Correct “[Bis(2-chloroethoxy)methane” to

“[Bis(2-chloroethoxy)methane]”

721.Appendix Y

“dichloromethoxymethane”: Not necessary,

the Board previously changed the brackets to

parentheses and made the correction using a

closing parenthesis

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

4

): Correct “40 CFR

261.28(c)(10)” to “40 CFR 261.38(c)(10)”

721.38(c)(1)(C)(iv): Not necessary, the

Board previously corrected the citation to

corresponding “35 Ill. Adm. Code

721.138(c)(10)”

261, appendix VII “F002”: Correct the

spelling “trichfluoroethane” to

“trichlorofluoroethane”

721.Appendix G “F002”: Not necessary, the

Board has already corrected the spelling

261, appendix VII “F038”: Add a comma

between “benzo(a)pyrene” and “chrysene”

721.Appendix G “F038”: Not necessary, the

Board has already added the comma

261, appendix VII “F039”: Correct the

citation “40 CFR 268.43(a)” to “40 CFR

268.43”

721.Appendix G “F039”: Not necessary, the

Board has placed the CCW table in a

separate appendix

261, appendix VII “K001”: Correct the

spelling “creossoote” to “creosote”

721.Appendix G “K001”: Not necessary, the

Board has already corrected the spelling

261, appendix VII “K073”: Correct the

spelling “hexacholroethane” to

“hexachloroethane”

721.Appendix G “K073”: Not necessary, the

Board has already corrected the spelling

261, appendix VIII “allyl chloride”: Correct

the CAS number “107-18-6” to “107-05-1”

721.Appendix H: The Board made the

necessary correction

261, appendix VIII “benzidine”: Correct the

spelling “(1,1'-biphenyl)-4,4

1

-diamine” to

“(1,1'-biphenyl)-4,4'-diamine”

721.Appendix H: Not necessary, the Board

has already corrected the spelling

261, appendix VIII “1,2-dichloroethylene”:

Correct the spelling “1,2-dichlrol-” to “1,2-

dichloro-”

721.Appendix H: Not necessary, the Board

has already corrected the spelling

261, appendix VIII “lasiocarpine”: Correct

the CAS number “303-34-1” to “303-34-4”

721.Appendix H: The Board made the

necessary correction

261, appendix VIII “nitrosamines, N.O.S.”:

Correct the CAS number “35576-91-1D” to

“35576-91-1”

721.Appendix H: Not necessary, the Board

has already corrected the CAS number

---

76

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

262.34(a)(1)(iv): Change “the waste is place

in containment buildings” to “in containment

buildings”

721.Appendix H: Not necessary, the Board

has already made this correction

262.34(a)(1)(iv): Change “the waste is place

in containment buildings” to “in containment

buildings”

722.134(a)(1)(D): Not necessary, the Board

has already made this correction

262.53(b): Change the addressee

information for the notification; add

“attention:” before the required statement for

the envelope front

722.153: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

262.56(b): Change the addressee

information for the reports

722.156: The Board updated the

incorporation of 40 C.F.R. 262.56 by

reference in Section 720.111(b)

262.58(a)(1): Add “the Czech Republic,”

“Hungary,” “the Slovak Republic,” and

“South Korea” to the listing of countries; add

the definite article before “Netherlands”

722.158(a)(1): The Board made the

additions and added the definite article

262.70: Correct the spelling “consisent” to

“consistent”

722.170: Not necessary, the Board has

already corrected the spelling

262.81(k): Change the USEPA entity from

which the OECD document “C(88)90/Final”

is available

722.181 “recovery operations”: Not

necessary, since the Board cited the OECD,

and not a USEPA office, in Section

720.111(a) for obtaining this document

262.82(a)(1)(ii): Change “Green-list waste”

to plural “Green-list wastes”

722.182(a)(1)(B): Not necessary, the Board

has used the singular in subsections (a)(1)(A)

and (a)(1)(C)

262.83(b)(1)(i): Change the addressee

information for the notification

722.182(a)(1)(B): The Board corrected the

USEPA office name and address

262.83(b)(2)(i): Change the addressee

information for the notification; add

“attention:” before the required statement for

the envelope front

722.183(b)(2)(A): The Board corrected the

USEPA office name and address; the Board

added “attention:”

262.84(e): Change the addressee

information for the notification

722.184(e): The Board corrected the

USEPA office name and address

262.87(a): Change the addressee

information for the reports

722.187(a): The Board corrected the

USEPA office name and address

262.87(a)(5): Correct “1,000kg” to “1,000

kg”

722.187(a): Not necessary, the Board has

already corrected the spelling

262.90(c)(2)(vii): Correct the spelling

“newpaper” to “newspaper”

None: This provision pertains only to a

facility outside of Illinois

262.90(d)(2): Correct the spacing in

“directed.This” to “directed. This”

None: This provision pertains only to a

facility outside of Illinois

---

77

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.1(g)(2): Correct the cross-reference

“subparts C, D, F, or G” to “subparts C, F, G,

or H”

724.101(g)(2): Not necessary, the Board has

already corrected the cross-reference

264.4: Correct the spelling “pursuant” to

“pursuant”

724.104: Not necessary, the Board has

already corrected the spelling

264.13(b)(7)(iii)(B): Change the ending

semicolon to a colon

724.113(b)(7)(C)(ii): Not necessary, the

Board combined the text of what would have

been the two following fifth-level

subsections into the text of subsection

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

264.17(b): Correct the spelling “reactons” to

“reactions”

724.117(b): Not necessary, the Board has

already corrected the spelling

264.18(a)(2)(iii): Correct the spelling

“Quarternary” to “Quaternary”

724.118(a)(2)(C): The Board corrected the

spelling

264.18(b)(2)(iii): Correct the spelling

“exeeded” to “exceeded”

724.118(b)(2)(C): Not necessary, the Board

has already corrected the spelling

264.97(a)(1): Correct “background water” to

“background ground water”

724.197(a)(1): The Board made the

correction using “groundwater” in place of

“ground water”

264.97(a)(1)(i): Correct “background

quality” to “background groundwater

quality”

724.197(a)(1): The Board made the

correction using “groundwater” in place of

“ground water”

264.97(i)(5): Correct the spelling “tha can

be” to “that can be”

724.197(i)(5): Not necessary, the Board has

already corrected the spelling

264.98(a)(2): Correct the spelling

“persistance” to “persistence”

724.198(a)(2): Not necessary, the Board has

already corrected the spelling

264.98(g)(4)(i): Correct “concentration or

any” to “concentration of any”

724.198(g)(4)(A): Not necessary, the Board

has already made the correction

264.99(h)(5): Change the cross-reference

“§ 264.98(h)(5)” to “§ 264.98(g)(5)”

724.199(h)(5): The Board corrected the

cross-reference

264.101(d): Change “this does not apply” to

“this section does not apply”

724.201(d): Not necessary, the Board has

already made the correction

264.111(c): Change “this subpart” to “this

part”

724.211(c): Not necessary, the Board has

already made the correction

264.112(b)(8): Change the cross-reference

“264.110(d)” to “264.110(c)”

724.212(b)(8): Not necessary, the Board has

already made the correction

264.115: Remove the second ending period

on the first sentence

724.215: Not necessary, the Board has

already made the correction

264.116: Correct “landfills cells” to “landfill

cells”

724.216: The Board made the necessary

correction

264.118(c): Change “§ 264.188(b)(3)” to

“§ 264.118(b)(3)”

724.218(c): Not necessary, the Board has

already made the correction

---

78

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.119(b)(1)(ii): Correct “40 CFR subpart

G” to “40 CFR part 264, subpart G”

724.219(b)(1)(B): Not necessary, the Board

has already made the correction

264.140(d)(1): Change the cross-reference

“264.110(d)” to “264.110(c)”

724.240(d)(1): The Board made the

necessary correction

264.142(b)(2): Correct the spelling

“mutliplying” to “multiplying”

724.242(b)(2): Not necessary, the Board has

already corrected the spelling

264.143(b)(7): Correct “then the penal sum”

to “than the penal sum”

724.243(b)(7): Not necessary, the Board has

already corrected the spelling

264.143(b)(8): Correct “as evidence by” to

“as evidenced by”

724.243(b)(8): The Board made the

correction

264.143(e)(5): Correct the spelling

“significantly” to “significantly”

724.243(e)(5): Not necessary, the Board has

already corrected the spelling; the Board

could not find the cited error in the 2006

edition of the federal original

264.145(a)(3)(i): Correct the spelling

“anniversay” to “anniversary”

724.245(a)(3)(A): Not necessary, the Board

has already corrected the spelling

264.145(d)(6): Correct “issue in an amount”

to “issued in an amount”

724.245(d)(6): Not necessary, the Board has

already made the correction

264.145(f)(11): Correct “for this section” to

“of this section”; correct “the direct of

higher-tier” to “the direct or higher-tier”

724.245(f)(11): Not necessary, the Board

has already made the corrections

264.147(h)(1): Correct “letter or credit” to

“letter of credit”

724.247(h)(1): Not necessary, the Board has

already made the correction

264.151(b): Remove the bracket after “State

of incorporation:”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(f): Correct “265.143(e)” to

“265.145(e)”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(g): Correct “‘nonsudden’ of” to

“‘nonsudden’ or”; correct “subpart H or 40

CFR parts 264 or 265” to “subpart H of 40

CFR parts 264 or 265”; change “Current $”

to “Current liabilities”; add an asterisk “(*)”

before “10.”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(h)(2): Correct “or which guarantor”

to “of which guarantor”; change “[either

264.141(h)]” to “[either 264.141(h) or

264.151(h)]”; add a closing bracket after

“[Principal’s”; correct “Signature of witness

of notary” to “Signature of witness or

notary”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

---

79

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.151(i): Correct the spelling “Authorized

Representive” to “Authorized

Representative”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(j): Correct the spelling

“corportation” to “corporation”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(k): Correct “[date] at least one year

later]” to “[date at least one year later]”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(l): Change Ҥ 264.147(h) or

§ 165.147(h)” to “§ 264.147(i) or

§ 165.147(i)”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(m)(1): Correct the spelling

“accidential” to “accidental”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.151(n)(1): Correct “employee or” to

“employee of”; change “Property loaned” to

“Property loaned by”; change the semicolon

after “the appointment” to a comma; change

“reasonable” to “reasonably”

724.251, [720.111]: The Board updated the

incorporation of 40 C.F.R. 262.53 by

reference in Section 720.111(b)

264.175(b)(1): Correct the spelling

“underly” to “underlie”

724.275: The Board corrected “underlay” to

“underlie”

264.193(c)(4) note: Correct “sub]ect” to

“subject”

724.293(c)(4) Board note: Not necessary,

the Board has already made the correction

264.193(d)(4): Add an ending period

724.293(d)(4): Not necessary, the Board has

already made the correction

264.193(e)(2)(ii): Change the ending colon

to a semicolon

724.293(e)(2)(B): Not necessary, the Board

has already made the correction

264.193(e)(2)(iii): Change the ending colon

to a semicolon

724.293(e)(2)(C): Not necessary, the Board

has already made the correction

264.193(e)(2)(v)(A): Change the cross-

reference “§ 262.21” to “§ 261.21”

724.293(e)(2)(E)(i): Not necessary, the

Board has already made the correction

264.193(e)(2)(v)(B): Change the cross-

reference “§ 262.21” to “§ 261.23”

724.293(e)(2)(E)(ii): Not necessary, the

Board has already made the correction

264.193(e)(2)(v)(B): Change the period

after “vapor” to a semicolon and add the

ending conjunction “and”

724.293(e)(2)(E)(ii): The Board previously

changed to the semicolon; the Board has

added the conjunction

264.193(e)(3)(i): Change the ending period

to a semicolon

724.293(e)(3)(A): Not necessary, the Board

has already made the correction

264.193(e)(3)(ii): Correct the ending colon

to a semicolon

724.293(e)(3)(B): Not necessary, the Board

has already made the correction

264.193(g)(1)(iii): Change the ending

comma to a semicolon

724.293(g)(1)(C): Not necessary, the Board

has already made the correction

---

80

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.193(g)(1)(iv): Add the missing ending

period

724.293(g)(1)(D): Not necessary, the Board

has already made the correction

264.193(g)(2)(i)(A): Change the ending

comma to a semicolon

724.293(g)(2)(A)(i): Not necessary, the

Board has already made the correction by

using a semicolon

264.221(c)(1)(i)(B): Correct “1 x 10/

-7

/

cm/sec” to “1 x 10

-7

cm/sec”

724.321(c)(1)(A)(ii): Not necessary, the

Board has already made the correction

264.221(c)(1)(ii): Correct “1 x 10/

-1

/

cm/sec” to “1 x 10

-1

cm/sec”; correct “1 x

10/

-4

/ m

2

sec” to “1 x 10

-4

m

2

/sec”

724.321(c)(1)(B): Not necessary, the Board

has already made the correction

264.221(e)(1): Change “EP toxicity

characteristics” to “EP toxicity

characteristic”

724.321(e)(1): Not necessary, the Board has

already made the correction

264.221(e)(2)(i)(B): Add quotation marks

before and after “underground source of

drinking water”

724.321(e)(2)(A)(i): The Board made the

correction

264.221(e)(2)(i)(B): Change Ҥ 144.3 of this

chapter” to “40 CFR 270.2”

724.321(e)(2)(A)(i): Not necessary, the

Board has already made the correction by a

reference to corresponding 35 Ill. Adm. Code

702.110 for the definition

264.223(b)(1): Change the spelling

“exceedence” to “exceedance”

724.323(b)(1): The Board has corrected the

spelling

264.226(a)(2): Correct the spelling

“imperfections” to “imperfections”

724.326(a)(2): Not necessary, the Board has

already corrected the spelling

264.251(a)(2)(i)(A): Correct the spelling

“resistent” to “resistant”

724.351(a)(2)(A)(i): Not necessary, the

Board has already corrected the spelling

264.252(a): Change “surface impoundment

units” to “waste pile units”

724.352(a): The Board made the correction

264.252(b): Remove the comma after

“§ 264.254(c)”

724.352(b): Not necessary, the Board has

already removed the comma

264.259(b): Remove the comma from

between “and” and “F027”

724.359: Not necessary, the Board has

already removed the comma

264.280(c)(7): Correct “expect that” to

“except that”

724.380(c)(7): Not necessary, the Board has

already made the correction

264.280(d): Correct “closure of post-

closure” to “closure or post-closure”

724.380(d): Not necessary, the Board has

already made the correction

264.283(a): Remove the comma from

between “and” and “F027”

724.383(a): Not necessary, the Board has

already removed the comma

264.301(c)(2): Correct “paragraphs

(3)(c)(iii) and (iv)” to “paragraphs (c)(3)(iii)

and (iv)”

724.401(c)(2): Not necessary, the Board has

already made the correction in the citation to

the corresponding Illinois rule

---

81

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.301(e)(2)(i)(B): Add quotation marks

before and after “underground source of

drinking water”

724.401(e)(2)(A)(i): The Board made the

correction

264.301(e)(2)(i)(B): Change Ҥ 144.3 of this

chapter” to “40 CFR 270.2”

724.401(e)(2)(A)(i): Not necessary, the

Board has already made the correction by a

reference to corresponding 35 Ill. Adm. Code

702.110 for the definition

264.302(a): Correct “surface impoundment

units” to “landfill units”

724.402(a): Not necessary, the Board has

already made the correction

264.302(b): Remove the comma after

“§ 264.303(c)”

724.402(b): Not necessary, the Board has

already removed the comma

264.304(b)(1): Change the spelling

“exceedence” to “exceedance”

724.404(b)(1): The Board has corrected the

spelling

264.314(e)(2): Add quotation marks before

and after “underground source of drinking

water”

724.414(e)(2): The Board made the

correction

264.314(e)(2): Change Ҥ 144.3 of this

chapter” to “40 CFR 270.2”

724.414(e)(2): Not necessary, the Board has

already made the correction by a reference to

corresponding 35 Ill. Adm. Code 702.110 for

the definition

264.317(a): Correct “in a landfills” to

singular “in a landfill”

724.417(a): Not necessary, the Board has

already made the correction

264.344(b): Correct “may be be” to “may

be”

724.444(b): Not necessary, the Board has

already made the correction

264.552(e)(4)(iii): Change the ending colon

to a period

724.652(e)(4)(C): Not necessary, the Board

has already made the correction

264.552(e)(4)(iv)(F): Correct “40 CFR

260.11(11)” to “40 CFR 260.11(a)(11)”

724.652(e)(4)(D)(vi): Not necessary, the

Board has already cited to corresponding 35

Ill. Adm. Code 720.111(a)

264.552(e)(6)(iii)(E): Change

“hydrological” to “hydrogeological”

724.652: The Board made the correction

264.553(e): Change “Administrator” to

“Regional Administrator”

724.653(e): Not necessary, the Board

previously changed this to “Agency”

264.554(a): Change “in according to” to

“according to”

724.654(a): Not necessary, the Board

previously changed this to “in accordance

with”

264.555(e)(6): Correct the spelling

“miminal” to “minimal”

724.655(e)(6): Not necessary, the Board has

already corrected the spelling

264.573(a)(1): Correct the spelling “non-

earthern” to “non-earthen”

724.673: The Board previously corrected the

spelling, using “earthen”; corrected

“earthen” to “non-earthen”

264.573(a)(1): Change the ending colon to a

semicolon

724.673(a)(1): Not necessary, the Board has

already corrected the punctuation

---

82

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.573(a)(4)(i): Correct “1x10-

7

” to

“1x10

-7

” (twice)

724.673(a)(4)(A): Not necessary, the Board

has already corrected this to “1

×

10

-7”

264.573(a)(4)(i): Change Ҥ 264.572(a)

instead of § 264.572(b)” to “§ 264.572(b)

instead of § 264.572(a)”

724.673(a)(4)(i): The Board made the

change to corresponding “Section 724.672(b)

instead of Section 724.672(a)”

264.573(a)(5): Correct the spelling

“perations” to “operations”

724.673(a)(5): Not necessary, the Board has

already corrected the spelling

264.573(b): Change Ҥ 264.572(b) instead

of § 264.572(a)” to “§ 264.572(a) instead of

§ 264.572(b)”

724.673: The Board made the change to

corresponding “Section 724.672(a) instead of

Section 724.672(b)”

264.573(m)(2): Change “clean up” to

“cleanup”

724.673(m)(2): The Board made the

correction

264.573(m)(3): Change “clean up” to

“cleanup”

724.673(m)(3): The Board made the

correction

264.600: Correct the spelling

“miscellanenous” to “miscellaneous”

724.700: Not necessary, the Board has

already corrected the spelling

264.601(a): Correct the spelling “heath” to

“health”

724.701(a): Not necessary, the Board has

already corrected the spelling

264.601(b)(11): Correct the spelling

“constitutents” to “constituents”

724.701(b)(11): Not necessary, the Board

has already corrected the spelling

264.601(c)(4): Correct the spelling

“metorologic” to “meteorologic”

724.701(c)(4): Not necessary, the Board has

already corrected the spelling

264.1030(c): Correct “owner and operator

receives . . . owner and operator is subject”

to plural “owner and operator receive . . .

owner and operator are subject”

724.930(c): Not necessary, the Board has

already corrected this to singular “owner or

operator receives . . . owner or operator is

subject”

264.1033(f)(2)(vii)(B): Correct the period

after “regular” to a comma

724.933(f)(2)(G)(ii): Not necessary, the

Board has already corrected the punctuation

264.1034(b)(2): Changed the subsection

designation “(2) (6)” to “(2)”

724.934(b)(2): Not necessary, the Board has

already made the correction

264.1035(c)(4)(i): Change the period after

“760 °C” to a comma

724.935(c)(4)(A): Not necessary, the Board

has already corrected the punctuation

264.1035(c)(4)(ii): Add a comma after

“greater”

724.935(c)(4)(B): Not necessary, the Board

has already added the punctuation

264.1050(f): Correct “§ 264,1064(g)(6)” to

“§ 264.1064(g)(6)”

724.950(f): Not necessary, the Board has

already cited to corresponding “Section 724.

964(g)(6)”

264.1058(c)(1): Change the period after

“detected” to a comma

724.958(c)(1): Not necessary, the Board has

already added the punctuation

264.1064(c)(3): Correct “§§ 264.1057(c)” to

“§ 264.1057(c)”

724.964(c)(3): Not necessary, the Board has

already cited to corresponding “Section

724.957(c)”

---

83

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264.1080(a): Correct “subparts I, J, or K” to

singular “subpart I, J, or K”

724.980(a): Not necessary, the Board has

already made the correction

264.1080(c): Correct “owner or operator are

subject” to singular “owner or operator is

subject”

724.980(c): Not necessary, the Board has

already made the correction

264.1090(c): Remove the third sentence,

which reiterates the second

724.990(c): Not necessary, the Board has

already made the correction

264.1101(b)(3)(iii): Correct

“§ 264.193(d)(1)” to “§ 264.193(e)(1)”

724.1101(b)(3)(C): The Board made the

necessary correction to corresponding

“Section 724.293(e)(1)”

264.1101(c)(3): Change “hazardous waste,

must repair” to “hazardous waste, the owner

or operator must repair”

724.1101(c)(3): The Board corrected this to

“hazardous waste, it must repair” to avoid

repetition of “the owner or operator”

264.1101(c)(3)(i): Change “lead” to “led”

724.1101(c)(3)(A): The Board has corrected

the previous correction “caused” to “led”

264.1101(d): Change “for containment

buildings that contain areas both” to singular

“for a containment building that contains

both areas”

724.1101(d): Having previously change to

the singular “for a containment building that

contains,” the Board has changed “areas

both” to “both areas”

264.1102(a): Remove the comma after

“etc.”

724.1102(a): Not necessary; the Board made

previously made the necessary correction,

adding a comma after the parenthetical

“(liners, etc.)” to separate elements of a

series

264, appendix I, table 1: Add a table of unit

of measure codes at the end of the table

724.Appendix A: The Board updated the

incorporation of 40 C.F.R. 264, appendix I

by reference in Section 720.111(b)

264, appendix I, table 2, Section 2.(d):

Correct “T75 Tricking filter” to “T75

Trickling filter”

724.Appendix A: The Board updated the

incorporation of 40 C.F.R. 264, appendix I

by reference in Section 720.111(b)

265.1(c)(4)(i): Remove the introductory

clause “as Stated in paragraph (c)(2) of this

section”

725.101(c)(4)(A): Not necessary, the Board

did not include this provision, which does

not apply in Illinois

265.1(c)(6): Correct the cross-reference

“subparts C, D, F, or G” to “subparts C, F, G,

or H”

725.101(c)(6): Not necessary, the Board has

already corrected the cross-reference

265.12(a)(1): Change “of the date of the

waste” to “of the date the waste”

725.112(a)(1): Not necessary, the Board has

already made the correction

265.14(b)(1): Change “guards of facility

personnel” to “guards or facility personnel”

725.114(b)(1): Not necessary, the Board has

already made the correction

265.16(b): Correct the spelling

“successfuly” to “successfully”

725.117(b): Not necessary, the Board has

already corrected the spelling

---

84

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

265.19(c)(2): Change “264.254(c)(1)” to

“264.251(c)(1)”

725.119(c)(2): The Board corrected the

cross-reference to corresponding

“724.351(c)(1)”

265.56(b): Correct “a real extent” to “areal

extent”

725.156(b): The Board made the necessary

correction

265.90(d): Remove the comma after “he

may”

725.190(d): Not necessary, the Board

already removed the comma after changing

“he may” to “it may”

265.110(b)(4): Change “building” to plural

“buildings”

725.210(b)(4): Not necessary, the Board has

already made the correction

265.111(c): Change “264.1102” to

“265.1102”

725.211(c): Not necessary, the Board has

already corrected the cross-reference to

corresponding “725.1102”

265.112(b)(5): Change “partial and final

closure period” to plural “partial and final

closure periods”

725.212(b)(5): The Board corrected the

cross-reference to corresponding

“725.351(c)(1)”

265.112(d)(4): Correct “§§ with 265.111 . . .

part, §§ 265.197 . . . 264.1102” to

“§§ 265.111 . . . part, and §§ 265.197”

725.212(d)(4): Not necessary, the Board has

already corrected the cross-reference to

corresponding “Sections 725.211 . . . ,

725.297”

265.112(d)(4): Correct “264.1102” to

“265.1102”

725.212(d)(4): The Board corrected the

cross-reference to corresponding “725.1101”

265.113(b): Correct the spelling

“extenstion” to “extension”

725.213(b): Not necessary, the Board has

already made the correction

265.113(e)(4): Correct the spelling

“oonstituents” to “constituents”

725.213(e)(4): Not necessary, the Board has

already made the correction

265.117(b): Correct the spelling

“Administrator” to “Administator”

725.217(b): Not necessary, the Board used

“Agency” in place of “Administrator”

265.119(b)(1)(ii): Correct “40 CFR subpart

G” to “40 CFR part 265, subpart G”

725.219(b)(1)(B): Not necessary, the Board

has already corrected the cross-reference to

corresponding “Subpart G of this Part”

265.140(b): Change “265.146” to “265.145” 725.240(b): The Board made the necessary

correction

265.140(b)(2): Change “§ 264.197” to

“§ 265.197”

725.240(b)(2): Not necessary, the Board has

already corrected the cross-reference to

corresponding “Section 725.297”

265.142(a): Remove the cross-reference to

“265.178”

725.242(a): The Board made the necessary

correction

265.145(e)(11): Change “for this section” to

“of this section”

725.245(e)(11): Not necessary, the Board

has already made the correction

265.145(e)(11): Correct “direct of higher-

tier” to “direct or higher-tier”

725.245(e)(11): Not necessary, the Board

has already made the correction

---

85

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

265.145(e)(11): Change “(f)(1) through (9)”

to “(e)(1) through (9)”

725.245(e)(11): Not necessary, the Board

has already corrected the cross-reference to

corresponding “(e)(1) through (e)(9)”

265.145(e)(11): Change “(f)(3)” to “(e)(3)”

725.245(e)(11): Not necessary, the Board

has already corrected the cross-reference to

corresponding “(e)(3)”

265.147(a)(1)(i): Change “Regional

Administrator, or Regional Administrator if

facilities” to plural “Regional Administrator,

or Regional Administrators if the facilities”

725.247(a)(1)(A): Not necessary, the Board

changed “Regional Administrator, or

Regional administrator if facilities are

located in more than one Region” to

“Agency”

265.147(b)(1)(i): Restore text relating to

amendment of insurance policy, which has

been missing since the 1988 edition of the

Code of Federal Regulations

725.247(b)(1)(A): Not necessary, the Board

never deleted the text

265.147(b)(1)(ii): Restore text relating to

qualifications of insurer, which has been

missing since the 1988 edition of the

Code of

Federal Regulations

725.247(b)(1)(B): Not necessary, the Board

never deleted the text

265.174: Delete “and the containment

system”

725.274: The Board made the necessary

correction

265.193(e)(2)(v)(A): Change “§ 262.21” to

“§ 261.21”

725.293(e)(2)(E)(i): Not necessary, the

Board has already corrected the cross-

reference to corresponding “35 Ill. Adm.

Code 721.121”

265.193(e)(2)(v)(B): Change “§ 262.21” to

“§ 261.23”

725.293(e)(2)(E)(ii): Not necessary, the

Board has already corrected the cross-

reference to corresponding “35 Ill. Adm.

Code 721.123”

265.193(i)(2): Correct “tanks surfaces” to

“tank surfaces”

725.293(i)(2): The Board made the

necessary correction

265.194(b)(1): Add a period after “e.g”

725.294(b)(1): Not necessary, the Board has

already corrected the punctuation

265.194(b)(1): Add a period after “e.g”

725.294(b)(1): Not necessary, the Board has

already corrected the punctuation

265.197(b): Add a period after “(265.310)”

725.297(b): Not necessary, the Board has

already corrected the punctuation

265.201(c): Change “hazardous in tanks” to

“hazardous waste in tanks”

725.301(c): Not necessary, the Board has

already made the correction

265.221(a): Change “leachate collection and

removal system above and between the

liners” to “leachate collection and removal

system between the liners”

725.321(a): Not necessary, the Board has

already made the correction

---

86

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

265.221(d)(2)(i)(A): Change “in leaking” to

“is leaking”

725.321(d)(2)(A)(i): Not necessary, the

Board has already made the correction

265.221(d)(2)(i)(A): Change “soil it is not”

to “soil is not”

725.321(d)(2)(A)(i): Not necessary, the

Board has already made the correction

265.221(d)(2)(i)(A): Change “the owner of

operator” to “the owner or operator”

725.321(d)(2)(A)(i): Not necessary, the

Board has already made the correction

265.221(d)(2)(i)(B): Add quotation marks

before and after “underground source of

drinking water”

725.321(d)(2)(A)(ii): The Board made the

correction

265.221(d)(2)(i)(B): Change Ҥ 144.3 of this

chapter” to “40 CFR 270.2”

725.321(d)(2)(A)(ii): Not necessary, the

Board has already made the correction by a

reference to corresponding 35 Ill. Adm. Code

702.110 for the definition

265.224(b)(1): Change the spelling

“exceedence” to “exceedance”

725.324(b)(1): The Board has corrected the

spelling

265.228(a)(2)(iii)(D): Correct the spelling

“accomodate” to “accommodate”

725.328(a)(2)(C)(iv): Not necessary, the

Board has already corrected the spelling

265.228(b)(2): Change

“§§ 265.221(c)(2)(iv)” to

“§§ 264.221(c)(2)(iv)”

725.328(b)(2): Not necessary, the Board has

already corrected the cross-reference to

corresponding “35 Ill. Adm. Code

724.321(c)(2)(D)”

265.229: Remove paragraph (b)(2) and

redesignate paragraphs (b)(3) and (b)(4) to

(b)(2) and (b)(3), which has been part of the

text since the 1992 edition of the

Code of

Federal Regulations

725.329: Not necessary, the Board never

added the text

265.255(b): Change “surface impoundment

units” to “waste pile units”

725.355(b): The Board made the correction

265.259(b)(1): Change the spelling

“exceedence” to “exceedance”

725.359(b)(1): The Board has corrected the

spelling

265.280(a)(4): Correct the spelling “gowth”

to “growth”

725.380(a)(4): Not necessary, the Board has

already corrected the spelling

265.281(a)(1): Change “§ 265.21” to

“§ 261.21”

725.381(a)(1): Not necessary, the Board has

already corrected the cross-reference to

corresponding “35 Ill. Adm. Code 721.121”

265.301(a): Change Ҥ 264.301(d), (e), or

(f)” to “§ 264.301(c), unless exempted under

§ 264.301(d), (e), or (f)”

725.401(a): Not necessary, the Board has

already corrected the cross-reference to

corresponding “35 Ill. Adm. Code

724.401(c), unless exempted by 35 Ill. Adm.

Code 724.401(d), (e), or (f)”

265.301(d)(1): Change “such waste does

not” to plural “such wastes do not”

725.401(d)(1): The Board made the

correction

---

87

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

265.301(d)(1): Change “§ 261.4” to

“§ 261.24”

725.401(d)(1): Not necessary, the Board has

already corrected the cross-reference to

corresponding “35 Ill. Adm. Code 721.124”

265.301(d)(1): Change “Hazardous Waste

Number” to plural “Hazardous Waste

Numbers”

725.401(d)(1): The Board made the

correction to “USEPA hazardous waste

numbers”

265.301(d)(2)(i)(B): Add quotation marks

before and after “underground source of

drinking water”

725.401(d)(2)(A)(ii): The Board made the

correction

265.301(d)(2)(i)(B): Change Ҥ 144.3 of this

chapter” to “40 CFR 270.2”

725.401(d)(2)(A)(ii): Not necessary, the

Board has already made the correction by a

reference to corresponding 35 Ill. Adm. Code

702.110 for the definition

265.302(b): Change “surface impoundment

units” to “landfill units”

725.402(b): Not necessary, the Board has

already made the correction

265.303(b)(1): Change the spelling

“exceedence” to “exceedance”

725.403(b)(1): The Board has corrected the

spelling

265.312(a)(1): Change “dissolution or

material” to “dissolution of material”

725.412(a)(1): Not necessary, the Board has

already made the correction

265.314(e)(1)(ii): Correct the spelling

“polysobutylene” to “polyisobutylene”

725.414(e)(1)(B): Not necessary, the Board

has already corrected the spelling

265.314(f)(2): Add quotation marks before

and after “underground source of drinking

water”

725.414(f)(2): The Board made the

correction

265.314(f)(2): Change Ҥ 144.3 of this

chapter” to “40 CFR 270.2”

725.414(f)(2): Not necessary, the Board

recited the Illinois prohibition against liquids

in landfills in place of the federal provision

265.316: Correct the spelling “landfull” to

“landfill”

725.416: Not necessary, the Board has

already corrected the spelling

265.316(c): Correct “container’s” to plural

“containers”

725.416(c): Not necessary, the Board has

already made the correction

265.316(d): Change “§ 261.10(a)” to

“§ 260.10”

725.416(d): Not necessary, the Board has

already made the correction to corresponding

“35 Ill. Adm. Code 260.110”

265.405(a)(1): Change “§ 261.21 or 261.23”

to “§§ 261.21 or 261.23”

725.505(a)(1): The Board did not make the

correction, since the cross-reference is

actually singular

265.441(c): Change “state Director” to

capitalized “State Director”

725.541(c): Not necessary, the Board had

changed this to “Agency”

265.443(a)(4)(i): Change Ҥ 265.442(a)

instead of § 265.442(b)” to “§ 265.442(b)

instead of § 265.442(a)”

725.543(a)(4)(A): The Board made the

change to corresponding “Section 725.542(b)

instead of Section 725.542(a)”

---

88

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

265.443(b): Change Ҥ 265.442(b) instead

of § 265.442(a)” to “§ 265.442(a) instead of

§ 265.442(b)”

725.543(b): The Board made the change to

corresponding “Section 725.542(a) instead of

Section 725.542(b)”

265.445(b): Change “post/closure care” to

“post-closure care”

725.545(b): Not necessary, the Board has

already made the correction

265.1033(f)(2)(ii): Change the period after

“±5 °C” to a period

725.933(f)(2)(B): Not necessary, the Board

has already made corrected the punctuation

265.1035(b)(2): Change the period after

“§ 265.1032” to a comma

725.935(b)(2): Not necessary, the Board has

already made corrected the punctuation

265.1035(b)(2)(i): Change “annual

throughput end operating hours” to “annual

throughput and operating hours”

725.935(b)(2)(A): Not necessary, the Board

has already made the correction

265.1035(c)(4)(i): Change the period after

“760 °C” to a comma

725.935(c)(4)(A): Not necessary, the Board

has already made corrected the punctuation

265.1063(b)(4)(ii): Correct “10.000” to

“10,000”

725.963(b)(4)(B): Not necessary, the Board

has already made the correction

265.1080: Correct “subparts I, J, or K” to

singular “subpart I, J, or K”

725.980: Not necessary, the Board has

already made the correction

265.1085(h)(3): Correct “either or the

following” to “either of the following”

725.985(h)(3): Not necessary, the Board has

already made the correction

265.1087(b): Designate the text following

the heading “General” as paragraph (b)(1)

725.987(b): Not necessary, the Board has

already made the correction

265.1090(f)(1): Change

“§ 265.1084(c)(2)(i)” to

“§ 265.1083(c)(2)(i)”

725.990(f)(1): The Board made the change

to corresponding “Section 725.983(c)(2)(A)”

265.1100(d): Change “permit” to “prevent”

725.1100(d): The Board made the correction

265.1101(b)(3)(i)(B): Correct the spelling

“trasmissivity” to “transmissivity”

725.1101(b)(3)(A)(ii): Not necessary, the

Board has already corrected the spelling

265.1101(b)(3)(iii): Change

“§ 265.193(d)(1)” to “§ 265.193(e)(1)”

725.1101(b)(3)(C): The Board made the

correction

265.1101(c)(3): Change “hazardous waste,

must repair” to “hazardous waste, the owner

or operator must repair”

725.1101(c)(3): The Board corrected this to

“hazardous waste, it must repair” to avoid

repetition of “the owner or operator” within

the same sentence

265.1101(d): Change “for containment” to

“for a containment”

725.1101(d): The Board made the correction

264, appendix I: Add entries o “pounds,”

“short tons,” “kilograms,” and “tons” at the

end of the table

725.Appendix A, [720.111]: The Board

updated the incorporation of appendix I to 40

C.F.R. 265 by reference in Section

720.111(b)

---

89

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

264, appendix I: Change “T75 Tricking

filter” to “T75 Trickling filter”

725.Appendix A, [720.111]: The Board

updated the incorporation of appendix I to 40

C.F.R. 265 by reference in Section

720.111(b)

264, appendix I: Change “Miscellaneous

(Subpart X)” to “Miscellaneous”

725.Appendix A, [720.111]: The Board

updated the incorporation of appendix I to 40

C.F.R. 265 by reference in Section

720.111(b)

264, appendix I: Change “X99 Other

Subpart X (specify)” to “X99 Other

(specify)”

725.Appendix A, [720.111]: The Board

updated the incorporation of appendix I to 40

C.F.R. 265 by reference in Section

720.111(b)

264, appendix V: Correct the spelling

“alkaline caustic liquids” to “alkaline caustic

liquids”

725.Appendix E, [720.111]: The Board

updated the incorporation of appendix V to

40 C.F.R. 265 by reference in Section

720.111(b)

264, appendix V: Correct “lime sludge and

other corrosive alkalines” to “lime sludge

and other corrosive alkalies”

725.Appendix E, [720.111]: The Board

updated the incorporation of appendix V to

40 C.F.R. 265 by reference in Section

720.111(b)

264, appendix VI “dichlorvos”: Change the

CAS number “62737” to “62-73-7”

725.Appendix F: Not necessary, the Board

has already made the correction

264, appendix VI “ethylene thiourea”:

Change the CAS number “9-64-57” to “96-

45-7”

725.Appendix F: The Board made the

correction

264, appendix VI “neopentyl glycol”:

Correct the spelling “dimethylolpropane” to

“dimethylpropane”

725.Appendix F: The Board did not make

this correction, since “dimethylolpropane” is

the appropriate alternative chemical name

264, appendix VI “1,3-propane sulfone”:

Correct the spelling “sulfone” to “sultone”

725.Appendix F: The Board did not make

this correction, since “sulfone” is the

appropriate spelling

266.70(a): Correct the spelling “paladium”

to “palladium”

726.170(a): Not necessary, the Board has

already corrected the spelling

266.70(a): Correct the spelling “irridium” to

“iridium”

726.170(a): Not necessary, the Board has

already corrected the spelling

266.80(a) table (1): Add a comma after

“(except for § 262.11)”

726.180(a)(1): Not necessary, the Board has

already corrected the punctuation

266.80(a) table (2): Add a comma after

“(except for § 262.11)”

726.180(a)(2): The Board made the

correction

266.80(a) table (3): Add a comma after

“(except for § 262.11)”

726.180(a)(3): The Board made the

correction

266.80(a) table (5): Add a comma after

“(except for § 262.11)”

726.180(a)(5): The Board made the

correction

---

90

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

266.100(b)(2)(iv): Change “§ 266.212” to

“§ 266.112”

726.200(b)(2)(D): The Board made the

change to corresponding “Section 726.212”

266.100(d)(3)(i)(A): Change “appendix IX”

to “appendix XI”

726.200(d)(3)(A)(i): Not necessary, the

Board has already changed the cross-

reference to corresponding “Appendix K”

266.100(g): Correct the spelling “paladium”

to “palladium”

726.200(g): Not necessary, the Board has

already corrected the spelling

266.100(g): Correct the spelling “irridium”

to “iridium”

726.200(g): Not necessary, the Board has

already corrected the spelling

266.102(a)(2)(vi): Change “(Corrective

Action)” to “(Releases for Solid Waste

Management Units)”

726.202(a)(2)(F): The Board made the

correction

266.102(e)(3)(i)(E): Change “§ 266.111(b)”

to “§ 266.105(a)”

726.202(e)(3)(A)(v): The Board made the

change to corresponding “Section

726.205(a)”

266.102(e)(5)(i)(C): Correct the spelling

“chorline” to “chlorine”

726.202(e)(5)(A)(iii): Not necessary, the

Board has already corrected the spelling

266.102(e)(5)(i)(C): Correct the spelling

“feestocks” to “feedstocks”

726.202(e)(5)(A)(iii): Not necessary, the

Board has already corrected the spelling

266.102(e)(6)(ii)(B)(

2

): Change “of

preceding” to “of the preceding”

726.200(i) “one hour block average”: Not

necessary, the Board has already made the

correction

266.102(e)(8)(iii): Correct “values” to

“valves”

726.202(e)(8)(C): The Board made the

correction

266.103(a)(4)(vii): Change “265.147-

265.151” to “265.147-265.150”

726.203(a)(4)(G): The Board corrected the

cross-reference to corresponding “725.247

through 725.250”

266.103(b)(2)(v)(B)(

2

): Correct the spelling

“meterological” to “meteorological”

726.203(b): Not necessary, the Board never

adopted a counterpart to this provision

266.103(b)(5)(ii)(A): Correct “on a hourly”

to “on an hourly”

726.203(b): Not necessary, the Board never

adopted a counterpart to this provision

266.103(b)(6)(viii)(A): Correct the spelling

“Ageny” to “Agency”

726.203(b): Not necessary, the Board never

adopted a counterpart to this provision

266.103(c)(1)(i): Remove the words “and

the total chlorine and chloride feed rate

screening limits under § 266.107(b) or (e)”

726.203(c)(1)(A): Not necessary, the Board

has already removed the words

266.103(c)(1)(ii)(A)(

2

): Correct the spelling

“feedsteams” to “feedstreams”

726.203(c)(1)(B)(i): Not necessary, the

Board has already corrected the spelling

266.103(c)(1)(ix)(A): Correct the spelling

“ration” to “ratio”

726.203(c)(1)(I)(i): Not necessary, the

Board has already corrected the spelling

266.103(c)(4)(iv)(C)(

1

): Correct “on a

hourly” to “on an hourly”

726.203(c)(4)(D)(iii)(

1

): Not necessary, the

Board has already made the correction

---

91

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

266.103(c)(1)(ix): Add the words “and the

total chlorine and chloride feed rate

screening limits under § 266.107(b) or (e)”

726.203(c)(1)(I): Not necessary, the Board

has already made the correction with the

corresponding words “and the total chlorine

and chloride feed rate screening limits under

Section 726.207(b)(1) or (e)”

266.103(g)(1)(i): Correct “on a hourly” to

“on an hourly”

726.203(g)(1)(A): The Board made the

correction

266.106(d)(1): Remove the second

appearance of the words “dispersion

modeling to predict the maximum annual

average off-site ground level concentration

for each

726.206(d)(1): Not necessary, the Board has

already made the correction

266.109(a)(2)(ii): Correct the spelling

“constitutent” to “constituent”

726.209(a)(2)(B): Not necessary, the Board

has already corrected the spelling

266.109(b): Correct “particular” to

particulate”

726.209(b): The Board made the correction

266, Subpart N heading: Change “Treatment

and Disposal” to “Treatment, Transportation

and Disposal”

726.Subpart N heading: Not necessary, the

Board has already made the correction

266, appendix III: Correct “C1

2

” to “Cl

2

”

(three times)

726.Appendix C: Not necessary, the Board

used “Chlorine gas” in place of “Cl

2

”

266, appendix III: Correct “HC1” to “HCl”

726.Appendix C: Not necessary, the Board

has already made the correction

266, appendix IV: Correct the spelling

“maleic anhydride” to “maleic anhydride”

726.Appendix D: Not necessary, the Board

has already corrected the spelling

266, appendix IV: Correct “2.4.5-

trichlorophenol” to “2,4,5-trichlorophenol”

726.Appendix D: The Board made the

correction

266, appendix V: Correct “(m3/μg)” to

“(m

3

/μg)”

726.Appendix E: Not necessary, the Board

has made the correction and changed this to

“”(m

3

/mg)”

266, appendix V: Correct “(μg/m3)” to

“(μg/m

3

)”

726.Appendix E: Not necessary, the Board

has made the correction and changed this to

“”(mg/m

3

)”

266, appendix V: Correct the spelling

“benxene” to “benzene”

726.Appendix E: Not necessary, the Board

has already corrected the spelling

266, appendix V: Correct the spelling

“hexachlorodibenxo-p-dioxin” to

“hexachlorodibenzo-p-dioxin”

726.Appendix E: Not necessary, the Board

has already corrected the spelling

266, appendix VI: Correct “(m3/s)” to

“(m

3

/s)”

726.Appendix F: Not necessary, the Board

has made the correction and changed this to

“”(m

3

/sec)”

266, appendix VIII: Correct the spelling

“plychlorinated” to “polychlorinated”

726.Appendix H: Not necessary, the Board

has already corrected the spelling

---

92

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

266, appendix IX table of contents at 4.0:

Change “Estimating Toxicity Equipment or”

to “Estimating the Toxicity Equivalence of”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX table of contents at 9.2:

Change “Cl” to “Cl

2

”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX table of contents at 10.4:

Correct the spelling “overviev” to

“overview”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 2.1.2.9: Change

“PA test” to “RA test”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 2.1.2.10: Correct

“O

2

” to “O

2

”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX table 2.1-1, footnote 1:

Correct “or twice the permit limit” to “of

twice the permit limit”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 2.1.4.6: Change

“PA test” to “RA test”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 2.2.10: Correct

“used In conjunction” to “used in

conjunction”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 4.0 title: Correct

the spelling “dibenco-” to “dibenzo-”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 5.0 step 6, footnote

5: Remove the comma after “urban and rural

areas”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

---

93

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

266, appendix IX section 5.0 table 5.0-5 for

distance “10.00”: Change “9.4” to “29.4”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 5.0 step 7(B): Add

a closing parenthesis after “(identified in

Step 7(A)”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 5.0 table step

10(D)1: Correct “>0,5-2.5” to “>0.5-2.5”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 5.0 below table

5.0-6: Change “C

a

(μg/m

3

)” to “C

a

(μg/m

3

)”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 5.0 below table

5.0-6: Change “C

A

(μg/m

3

)” to “C

a

(μg/m

3

)”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 6.2: Change

“Within These” to “Within these”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 7.1: Correct the

spelling “mulitple” to “multiple”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 7.2: Correct “this,

if” to “thus, if”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 8.0: Correct the

spelling “chorine” to “chlorine”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 9.2: Correct “Cl2”

to “Cl

2

”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

---

94

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

266, appendix IX section 10.3: Change the

period to a comma after “to avoid this

expense”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 10.5(2): Change

the period in “hazardous wastes. and in” to

“hazardous wastes, and in”

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix IX section 2.1.2.9:

726.Appendix I, [720.111]: The Board

updated the incorporation of appendix IX to

40 C.F.R. 266 by reference in Section

720.111(b)

266, appendix XIII: Correct “levels or

mercury” to levels of mercury”

726.Appendix M: Not necessary, the Board

has already made the correction

267.147(f)(2)(i)(A): Change Ҥ 267 and also

§ 264 or § 265” to “part 267 and also part

264 or part 265”

727.240(p)(1)(A): Not necessary, the Board

has already corrected this cross-reference to

corresponding “this Part 727 and 35 Ill.

Adm. Code 724 or 725”

268.2(g): Change “A manufactured” to

lower-case “a manufactured”

728.102 “debris”: Not necessary, the Board

has already made the correction

268.2(g): Change “Any material” to lower-

case “any material”

728.102 “debris”: Not necessary, the Board

has already made the correction

268.2(g): Change “Process residuals” to

lower-case “process residuals”

728.102 “debris”: Not necessary, the Board

has already made the correction

268.2(g): Change “Intact” to lower-case

“intact”

728.102 “debris”: Not necessary, the Board

has already made the correction

268.4(a)(3): Correct “subpart F of part 264

or part 264” to “subpart F of part 264 or part

265”

728.104(a)(3): The Board corrected the

cross-reference to corresponding “Subpart F

of 35 Ill. Adm. Code 724 or Subpart F of 35

Ill. Adm. Code 725”

268.6(c)(5): Correct “section meet” to

singular “section meets”

728.106(c)(5): Not necessary; the Board

already corrected this to “section must meet”

268.7(a)(1): Add a closing parenthesis after

the sentence “(Alternatively, the generator

. . . paragraph (b) of this section.”

728.107(a)(1): The Board corrected the

punctuation

268.7(a)(3)(ii): Add the word “column”

after “information in”

728.107(a)(3)(B): Not necessary, the Board

has already made the correction

268.7(a)(3)(ii): Add a closing quotation

mark after “268.7(a)(3)”

728.107(a)(3)(B): Not necessary, the Board

has already made the correction

268.7(a)(4) table: Add a closing bracket

after “[is subject to/complies with”

728.Appendix I: Not necessary, the Board

has already made the correction using

parentheses for brackets

---

95

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

268.7(b)(3)(ii) entry 5: Add a closing

quotation mark after “268.49(c)”

728.107(b)(3)(B)(v): Not necessary, the

Board has already made the correction

268.7(b)(4)(ii): Change “§ 261.3(e)” to

“§ 261.3(f)”

728.107(b)(4)(B): The Board corrected the

cross-reference to corresponding “35 Ill.

Adm. Code 721.103(f)”

268.7(c)(2): Remove the closing parenthesis

mark after “Leaching Procedure”

728.107(c)(2): The Board earlier removed

the closing parenthesis mark after the end of

the reference description, but now moves the

parenthesis mark after “Leaching Procedure”

to follow the reference information

268.7(d): Change “§ 261.3(e)” to

“§ 261.3(f)”

728.107(d): The Board corrected the cross-

reference to corresponding “35 Ill. Adm.

Code 721.103(f)”

268.7(d)(1): Remove the duplicate statement

“or State authorized to implement part 268

requirements” and the offsetting comma

728.107(d)(1): Not necessary, the Board

never added the phrase

268.7(d)(1): Add the missing subordinate

paragraphs (d)(1)(i) through (d)(1)(iii)

728.107(d)(1): Not necessary, the Board

never omitted corresponding subsections

(d)(1)(A) through (d)(1)(C)

268.7(d)(2): Change “§ 261.3(e)(1)” to

“§ 261.3(f)(1)”

728.107(d)(2): The Board change the cross-

reference to corresponding “35 Ill. Adm.

Code 721.103(f)(1)”

268.7(d)(3): Change “§ 261.3(e)(1)” to

“§ 261.3(f)(1)”

728.107(d)(3): The Board change the cross-

reference to corresponding “35 Ill. Adm.

Code 721.103(f)(1)”

268.14(b): Correct “not withstanding” to

“notwithstanding”

728.114(b): Not necessary, the Board has

already made the correction

268.14(c): Correct “not withstanding” to

“notwithstanding”

728.114(c): Not necessary, the Board has

already made the correction

268.40(g): Correct the spelling “definded”

to “defined”

728.140(g): Not necessary, the Board has

removed this obsolete provision, which

expired by its own terms on March 4, 1999

268.40 table column heading: Change

“concentration in mg/L

3

” to “concentration

3

in mg/L”

728.Table T: The Board made the correction

268.40 table column heading: Change

“concentration in mg/kg

5

” to “concentration

5

in mg/kg”

728.Table T: The Board made the correction

268.40 table “K047”: Correct “water from

TNT” to “water from TNT”

728.Table T “K047”: Not necessary, the

Board has already made the correction

268.40 table “K049,” “chrysene”: Correct

“2218-01-9” to “218-01-9”

728.Table T “K049”: Not necessary, the

Board has already corrected the CAS number

---

96

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

268.40 table “K051,” “chrysene”: Correct

“2218-01-9” to “218-01-9”

728.Table T “K051”: Not necessary, the

Board has already corrected the CAS number

268.40 table “K088”: Correct the spelling

“bemz(a)anthracene” to “benz(a)anthracene”

728.Table T “K088”: Not necessary, the

Board has already corrected the spelling

268.40 table “K088”: Correct “indeno(1,2,3-

c,d)pyrene” to “indeno(1,2,3-cd)pyrene”

728.Table T “K088”: The Board made the

correction

268.40 table “K111,” “2,4-dinitrotoluene”:

Correct “121-1-2” to “121-14-2”

728.Table T “K111”: The Board made the

correction

268.40 table “K114”: Correct the spelling

“dinitortolune” to :dinitrotoluene”

728.Table T “K114”: Not necessary, the

Board has already corrected the spelling

268.40 table “K156,” “acetophenone”:

Correct “96-86-2” to “98-86-2”

728.Table T “K156”: The Board made the

correction

268.40 table “K156,” “triethylamine”:

Correct “101-44-8” to “121-44-8”

728.Table T “K156”: Not necessary, the

Board has already made the correction

268.40 table “U202” “acetone”: Correct

“U202” to “U002”

728.Table T “U002”: Not necessary, the

Board has already made the correction

268.40 table “U134”: Correct “16984-48-8”

to “7664-39-3”

728.Table T “U134”: The Board made the

correction

268.40 table “U137”: Correct “indeno(1,2,3-

c,d)pyrene” to “indeno(1,2,3-cd)pyrene”

(twice)

728.Table T “U137”: The Board made the

correction

268.42(a) table 1 “SSTRP”: Move the

comma in “as well as, temperature and

pressure ranges have” to “as well as

temperature and pressure ranges, have”

728.Table C: The Board moved the comma

268.42(a) table 1 “SSTRP”: Add a comma

after “parameters of the unit”

728.Table C: The Board added the comma

268.42(a) table 1 “SSTRP”: Remove the

comma from “thus, resulting”

728.Table C: The Board removed the

comma

268.44(c) certification statement: change “I

am aware that these are” to “I am aware that

there are”

728.144(c): Not necessary, the Board has

already made the correction

268.45 table 1 item B.1.: Correct the

spelling “biodegration” to “biodegradation”

728.Table F item B.1.: The Board corrected

the spelling

268.45 table 1 item B.2.a.: Correct the

spelling “electolytic” to “electrolytic”

728.Table F item B.1.: Not necessary, the

Board has already corrected the spelling

268.45 table 1 item B.2.a.: Remove the

hyphen from “perman-ganates”

728.Table F item B.1.: Not necessary, the

Board has already removed the hyphen

268.48 table column heading: Change

“concentration in mg/L

2

” to “concentration

2

in mg/L”

728.Table U: The Board made the correction

---

97

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

268.48 table column heading: Change

“concentration in mg/kg

5

” to “concentration

5

in mg/kg”

728.Table U: The Board made the correction

268.48 table “1,2,3,4,6,7,8-heptachloro-

dibenzofuran”: Correct “67562-39-5” to

“67562-39-4”

728.Table U: Not necessary, the Board has

already made the correction

268.48 table “1,2,3,4,7,8,9-heptachloro-

dibenzofuran”: Correct the “1,2,3,4,6,7,8-

heptachlorodibenzofuran” to “1,2,3,4,7,8,9-

heptachlorodibenzofuran”

728.Table U: Not necessary, the Board has

already made the correction

268.49(d): Correct the spelling “flouride” to

“fluoride”

728.149(d): Not necessary, the Board has

already corrected the spelling

268.50(c): Correct “a owner/operator” to

“an owner/operator”

728.150(c): Not necessary, the Board has

already corrected this to “an owner or

operator”

268.50(g): Correct “requirements in this do

not” to “requirements in this section do not”

728.150(g): Not necessary, the Board has

already made the correction

268, appendix VIII: Remove the duplicate

entry for “K011 nonwastewater”

728.Appendix H: Not necessary, the Board

has already removed the duplicate entry

268, appendix VIII: Remove the duplicate

entry for “K011 wastewater”

728.Appendix H: Not necessary, the Board

has already removed the duplicate entry

270.1(a)(1) table: Correct the spelling

“indentification” to “identification”

702.101: Not necessary, the Board never

incorporated this table into the Illinois

regulations

270.1(b): Correct the spelling “analogous”

to “analogous”

703.100: Not necessary, the Board never

incorporated this segment of text into the

Illinois regulations

270.1(c)(1)(iii): Correct “it they” to “if

they”

703.122(c): Not necessary, the Board has

already made the correction

270.1(c)(3)(i): Correct “an RCRA permit” to

“a RCRA permit”

703.124(a): Not necessary, the Board has

already made the correction

270.2 “on-site”: Correct the spelling

“continguous” to “contiguous”

702.110: Not necessary, the Board has

already corrected the spelling

270.2 “publicly owned treatment works”:

Correct the spelling “unsed” to “used”

702.110: Not necessary, the Board never

adopted the federal definition, instead using

a cross-reference to the wastewater

pretreatment regulations for a definition

270.10(j)(1): Correct “treats, stores, or

dispose of” to “treats, stores, or disposes”

703.186: Not necessary, the Board has

already corrected this to “treats, stores, or

disposes of”

270.11(d)(1): Change “paragraph (a) or (b)

of this must” to “paragraph (a) or (b) of this

section must”

702.126: Not necessary, the Board has

already corrected this to “subsection (a) or

(b) of this Section”

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98

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

270.11(d)(2): Change “on information and

belief” to “to the best of my knowledge and

belief”

702.126(d)(2): Not necessary, the Board has

already made the correction

270.13(k)(7): Correct the spelling

“sancturies” to “sanctuaries”

702.123(f)(7): Not necessary, the Board has

already corrected the spelling

270.14(a): Change “design drawings and

specification” to plural “design drawings and

specifications”

703.182: Not necessary, the Board has

already made the correction

270.14(b)(11)(ii)(B): Change “with 200

feet” to “within 200 feet”

703.184: Not necessary, the Board never

adopted a counterpart to 40 C.F.R.

270.14(b)(11)(ii), which pertains only to

seismic zones outside Illinois

270.14(b)(19)(iii): Correct the spelling

“intermittant” to “intermittent”

703.183(s)(3): Not necessary, the Board has

already corrected the spelling

270.14(b)(21): Correct the spelling “uner” to

“under”

703.183(u): Not necessary, the Board has

already corrected the spelling

270.17(f): Correct “detailed-plans” to

“detailed plans”

703.203(f): Not necessary, the Board has

already made the correction

270.18(b): Correct “§ 264.90(2)” to

“§ 264.90(b)(2)”

703.204(b): Not necessary, the Board has

already corrected the cross-reference to

corresponding “35 Ill. Adm. Code . . .

724.190(b)(2)”

270.20(i)(2): Correct the spelling

“attentuative” to “attenuative”

703.208(i)(2): Not necessary, the Board has

already corrected the spelling

270.26(c)(15): Correct “paragraphs (a)

through(f) § 264.573” to “paragraphs (a)

through (f) of § 264.573”

703.212(c)(15): Not necessary, the Board

has already corrected the cross-reference to

corresponding “35 Ill. Adm. Code

724.673(a) through (f)”

270.33(b): Correct “an RCRA permit” to “a

RCRA permit”

702.163: Not necessary, the Board has

already made the correction

270.41(c): Correct “environmental” to

“environment”

703.273: Not necessary, the Board has

already made the correction

270.42(d)(2)(i): Correct “do no” to “do not”

703.280(d)(2)(i): Not necessary, the Board

has already made the correction

270.42, appendix I item C.4.: Remove the

footnote from the class code

703.Appendix A item C.4.: The Board made

the correction

270.42, appendix I item C.6.: Change

“264.98(j)” to “264.98(h)”

703.Appendix A item C.6.: The Board made

the correction to corresponding “35 Ill. Adm.

Code 724.198(h)

270.42, appendix I item C.7.a.: Change

“264.98(h)(4)” to “264.98(g)(4)”

703.Appendix A item C.7.a.: The Board

made the correction to corresponding “35 Ill.

Adm. Code 724.198(g)(4)

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99

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

270.42, appendix I item C.8.a.: Change

“264.99(k)” to “264.99(j)”

703.Appendix A item C.8.a.: The Board

made the correction to corresponding “35 Ill.

Adm. Code 724.199(j)

270.42, appendix I item F.2.: Change the

colon after the item number “2” to a period

703.Appendix A item F.2.: Not necessary,

the Board has already made the correction

270.42, appendix I item F.4.: Correct

“storage of treatment” to “storage or

treatment”

703.Appendix A item F.4.: Not necessary,

the Board has already made the correction

270.42, appendix I item F.4.a.: Add the

footnote from the class code

703.Appendix A item F.4.a.: The Board

made the correction

270.42, appendix I item G.1.: Change the

colon after the item number “2” to a period

703.Appendix A item G.1.: Not necessary,

the Board has already made the correction

270.42, appendix I item H.6.: Change the

footnote designation “*” to “

1

”

703.Appendix A item H.6.: Not necessary,

the Board has rendered all footnote markings

with an asterisk, since there is only one

footnote for the entire table

270.42, appendix I item J.7.: Change the

footnote designation “*” to “

1

”

703.Appendix A item J.7.: Not necessary,

the Board has rendered all footnote markings

with an asterisk, since there is only one

footnote for the entire table

270.42, appendix I item L.9.: Change

“Changes Needed to meet Standards” to

lower-case “changes needed to met

standards”

703.Appendix A item L.9.: Not necessary,

the Board has already made the change to

lower-case

270.70(a): Change “have an RCRA permit”

to “have a RCRA permit”

703.153(a): Not necessary, the Board has

already made the correction

270.72(b)(2): Correct the spelling

“inpoundments” to “impoundments”

703.155(b)(2): Not necessary, the Board has

already made the correction

271.1 table 1: Correct the spelling

“wastesaters” to “wastewaters”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.1 table 1: Correct the spelling

“fertlizers” to “fertilizers”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.1 table 2: Correct the spelling

“envirorment” to “environment”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.1 table 2: Correct the spelling

“mininization” to “minimization”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.21(f): Remove “speciflines”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.21(g)(1)(i): Correct “dils” to “diligent

efforts”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.23(a)(1): Correct the spelling “relevant”

to “relevant”

Not necessary, since there is no counterpart

provision in the Illinois regulations

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100

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

271.23(b)(1): Correct “with dawal” to

“withdrawal”

Not necessary, since there is no counterpart

provision in the Illinois regulations

271.23(b)(5): Correct the spelling “makng”

to “making”

Not necessary, since there is no counterpart

provision in the Illinois regulations

273.9 “universal waste”: Change “hazardous

waste” to plural “hazardous wastes”

733.109 “universal waste”: Not necessary,

the Board has already made the correction

273.9 “universal waste”: Add an ending

semicolon after “§ 273.2”

733.109 “universal waste”: Not necessary,

the Board has already made the correction

273.9 “universal waste”: Add an ending

semicolon after “§ 273.3”

733.109 “universal waste”: Not necessary,

the Board has already made the correction

273.13(b): Correct “prevent releases” to

singular “prevents releases”

733.113(b): Not necessary, the Board has

already made the correction

273.14(a): Add closing parentheses after

“Universal Waste—Battery(ies)”

733.114(a): Not necessary, the Board has

already made the correction

273.34(a): Change “clearly with the any

one” to “clearly with any one”

733.134(a): Not necessary, the Board has

already made the correction

279.1 “petroleum refining facility”: Correct

the spelling “kerosine” to “kerosene”

739.101: Not necessary, the Board has

already corrected the spelling

279.10(b)(2): Correct “solely exhibits one or

more of the hazardous waste characteristic”

to plural “solely exhibit one of more of the

hazardous waste characteristics”

739.110(b)(2): Not necessary. the Board has

already corrected this to “solely exhibits one

or more of the hazardous waste

characteristics identified in Subpart C of 35

Ill. Adm. Code 721”

279.11: Delete “in the specification”

739.111: The Board made the correction

279.11: Change “not to exceed any

allowable specification” to “not to exceed

any allowable level”

739.111: The Board made the correction

279.11 table title: Change “specification” to

“allowable levels shown below”

739.111 table title: The Board made the

change to “allowable levels” without adding

“shown below”

279.11 table footnote 1: Change

“specification does not” to “allowable levels

do not”

739.111 table footnote 1: The Board made

the correction

279.43(c)(3)(i): Add a comma after “49

CFR 171.15”

739.143(c)(3)(A): Not necessary, the Board

has already corrected the punctuation

279.43(c)(5): Change “used oil discharged”

to “used oil discharge”

739.143(c)(5): The Board made the

correction

279.44(a): Change “being transporter” to

“being transported”

739.144(a): The Board made the correction

279.44(c)(2): Correct “if the CFC are” to “if

the CFCs are”

739.144(c)(2): The Board made the

correction

279.45(a): Change “subpart F or this

chapter” to “subpart F of this part”

739.145: The Board corrected this to

corresponding “Subpart F of this Part”

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101

40 C.F.R. Provisions: Correction

35 Ill. Adm. Code Provision: Necessary

Board Action

279.52(a): Change “processors and re-

refiners” to “processing and re-refining”

739.152(a): Not necessary, the Board has

already made the correction

279.52(b): Change “processors and re-

refiners” to “processing and re-refining”

739.152(b): Not necessary, the Board has

already made the correction

279.52(b)(1)(ii): Correct “release or used

oil” to “release of used oil”

739.152(b)(1)(B): Not necessary, the Board

has already made the correction

279.52(b)(6)(ii): Correct “a real extent” to

“areal extent”

739.152(b)(1)(B): The Board made the

correction

279.52(b)(6)(ii): Correct “facility records of

manifests” to “facility records or manifests”

739.152(b)(1)(B): The Board made the

correction

279.52(b)(6)(ii): Correct “chemical

analysts” to “chemical analyses”

739.152(b)(1)(B): The Board made the

correction

279.52(b)(6)(iii): Correct “water or

chemical” to “water or chemical”

739.152(b)(1)(C): The Board made the

correction

279.55(a): Correct “at at minimum” to “at a

minimum”

739.155(a): Having previously corrected

this to “at minimum,” the Board made the

change to “at a minimum”

279.55(b)(2)(i)(B): Correct Ҥ 260.20 and

260.21” to “§§ 260.20 and 260.21”

739.155(b)(2)(A)(ii): Not necessary, the

Board has already corrected the cross-

reference to corresponding “35 Ill. Adm.

Code 720.120 and 720.121”

279.56(a)(2): Change “processor/re-

refining” to “processor/re-refiner”

739.156(a)(2): Not necessary, the Board

originally used “processor,” since the term

“processing” is defined in Section 739.110

(corresponding with 40 C.F.R. 279.10) as

including “re-refining”

279.57(a)(2)(ii): Correct “an specified” to

“as specified”

739.157(a)(2)(B): Not necessary, the Board

has already made the correction

279.59: Correct “or re-fining of” to “or re-

refining of”

739.159: The Board made the correction

279.63(b)(3): Change “processor/refiner” to

“processor/re-refiner”

739.163(b)(3): Not necessary, the Board

originally used “processor,” since the term

“processing” is defined in Section 739.110

(corresponding with 40 C.F.R. 279.10) as

including “re-refining”

279.64(e): Change “existing” to “new”

739.164(e): The Board made the correction

279.70(b)(1): Correct “incidently” to

“incidentally”

739.170(b)(1): Not necessary, the Board has

already made the correction

Tables of Deviations from the Federal text and

Corrections to and Clarifications of the Base Text

The tables below list numerous corrections and amendments that are not based on current

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102

federal amendments. Table A (beginning immediately below) includes deviations made in the

adopted amendments from the verbatim text of the federal amendments. Table B (beginning

immediately after Table A on page 103) contains corrections and clarifications that the Board

made in the base text involved in these amendments. 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. Table C (beginning on page 135 below) is a listing of revisions made to the text of the

amendments from that proposed and set forth in the Board’s opinion and order of March 20,

2008. Table C indicates the changes made, as well as the source that suggested each of the

changes. Table D (on page 148 below) indicates suggested revisions that the Board has not

made in adopting these amendments. Each entry gives a brief explanation why the Board did not

incorporate the suggested change.

Table A

Deviations from the Text of the Federal Amendments

Illinois Section

40 C.F.R. Section

Revision(s)

703.280(l)

270.42(l)

Added “the owner or operator of”;

changed “Performance Track member

facilities” to singular “a Performance

Track member facility”

703.280(l)(1)

270.42(l)(1)

Added “the owner or operator of”;

changed “Performance Track member

facilities that request” to singular “a

Performance Track member facility that

requests”

703.280(l)(2)

270.42(l)(2)

Added “the owner or operator of the”;

changed “application” to “request for

permit modification”; changed “Director”

to “Agency”; added “in writing” as a

parenthetical offset by commas; changed

the phrase “within 60 days of receiving

the request” to “within 60 days after

receiving an application” and moved it

from the end of the sentence to follow

“the Agency does not”; added “the owner

or operator of” (twice); changed “of an

extension” to “that the Agency has

extended”; changed “in these situations”

to “during an extension of the 60-day

deadline”; changed “application” to

“request for permit modification; added a

comma before and changed “and

maintain” to “and it must maintain” to

create an independent clause for enhanced

clarity

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103

Illinois Section

40 C.F.R. Section

Revision(s)

703.280 Board note

270.42

Changed the citation to include the new

subsection (l); updated the citation to the

Code of Federal Regulations

to the most

recent edition, including removal of the

obsolete

Federal Register

citation

703.Appendix A,

¶ O.1.

Appendix 1 to 270.42,

¶ O.1.

Changed “Performance Track member

facilities” to singular “a Performance

Track member facility”; added “one of the

following”

703.Appendix A,

¶ O.1.a.

Appendix 1 to 270.42,

¶ O.1.a.

Added the asterisk to the modification

class “1*”; changed “tanks systems” to

singular “a tank system”; added the

ending period

703.Appendix A,

¶ O.1.b.

Appendix 1 to 270.42,

¶ O.1.b.

Added the asterisk to the modification

class “1*”; changed “containers” to

singular “a container”; added the ending

period

703.Appendix A,

¶ O.1.c.

Appendix 1 to 270.42,

¶ O.1.c.

Added the asterisk to the modification

class “1*”; changed “containment

buildings” to singular “a containment

building”; added the ending period

703.Appendix A,

¶ O.1.d.

Appendix 1 to 270.42,

¶ O.1.d.

Added the asterisk to the modification

class “1*”; changed “areas” to singular

“an area”; added the ending period

703.Appendix A,

¶ O.2.

Appendix 1 to 270.42,

¶ O.2.

Added the ending period

703.Appendix A,

¶ O.3.

Appendix 1 to 270.42,

¶ O.3.

Changed “changes” to singular “a

change”; added “any of the following”;

added the ending period

703.Appendix A,

¶ O.4.

Appendix 1 to 270.42,

¶ O.4.

Changed “changes” to singular “a

change”; changed “tank systems” to

singular “a tank system”; added “any of

the following”; added the ending period

703.Appendix A,

¶ O.5.

Appendix 1 to 270.42,

¶ O.5.

Changed “changes” to singular “a

change”; added the indefinite article “a”

before “detection”; removed the

conjunction “or” from before “(g)(3)”;

added the comma after “(g)(3)” to

separate elements of a series; added the

ending period

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104

Illinois Section

40 C.F.R. Section

Revision(s)

720.110 “cathode ray

tube”

260.10 “cathode ray tube”

Added quotation marks to the defined

term “cathode ray term” and alternative

defined term “CRT”; added quotation

marks to the defined term “used, intact

CRT”; added quotation marks to the

defined term “used, broken CRT”

720.110 “CRT

collector”

260.10 “CRT collector”

Added quotation marks to the defined

term “CRT collector”

720.110 “CRT glass

manufacturer”

260.10 “CRT glass

manufacturer”

Added quotation marks to the defined

term “CRT glass manufacturer”

720.110 “CRT

collector”

260.10 “CRT collector”

Added quotation marks to the defined

term ““CRT collector”“

720.110 “CRT

processing”

260.10 “CRT processing”

Added quotation marks to the defined

term “CRT processing”; removed the

subsection numbers from the subordinate

paragraphs (three times); removed the

unnecessary conjunction “and” from

between the first and second subordinate

paragraphs

720.110 “Performance

Track member

facility”

260.10 “Performance

Track member facility”

Changed “EPA” to “USEPA”; added a

short title “Program” in parentheses;

added “which” for a subsequent restrictive

relative clause; changed “the Program” to

“that program”; changed “facility based”

to hyphenated “facility-based”; changed

“facility members” to singular “A

program member”; replaced the comma

with the conjunction “and” after

“compliance”; added “it must” before

“commit”

720.110 “Performance

Track member

facility” Board note

260.10 “Performance

Track member facility”

Added an explanation of the Program,

together with citations to

Federal Register

notices relating to the program and an

address for the USEPA website pertaining

to the Program

721 table of contents,

Subpart E heading

261 table of contents,

subpart E heading

Changed “Exclusions/Exemptions” to

“Exclusions and Exemptions”

721 table of contents,

721.139 heading

261 table of contents,

261.39 heading

Changed “Cathode Ray Tubes (CRTs)” to

“CRTs”; removed the ending period

721 table of contents,

721.140 heading

261 table of contents,

261.40 heading

Changed “Cathode Ray Tubes (CRTs)” to

“CRTs”; removed the ending period

721 table of contents,

721.141 heading

261 table of contents,

261.41 heading

Changed “Cathode Ray Tubes (CRTs)” to

“CRTs”; removed the ending period

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105

Illinois Section

40 C.F.R. Section

Revision(s)

721.104(a)(22)

261.4(a)(22)

Changed “cathode ray tubes (CRTs)” to

the defined abbreviation “CRTs”; added

the ending period

721.104(a)(22)(i)

261.4(a)(22)(A)

Added commas before and after “as

defined in 35 Ill. Adm. Code 720.110” to

offset the parenthetical; changed “solid

wastes” to singular “solid waste”; added a

comma before “unless” to offset the

parenthetical; changed “disposed” to

“disposed of”; removed the comma before

and changed “unless they are

speculatively accumulated” to

“speculatively accumulated” for the

second element of a two-element series;

added commas before and after “as

defined in 35 Ill. Adm. Code

721.101(c)(8)” to offset the parenthetical;

changed CRT collectors or glass

processors” to singular “a CRT collector

or glass processor”

721.104(a)(22)(ii)

261.4(a)(22)(B)

Added commas before and after “as

defined in 35 Ill. Adm. Code 720.110” to

offset the parenthetical; changed “solid

wastes” to singular “solid waste”; added a

comma before “provided” to offset the

parenthetical

721.104(a)(22)(iii)

261.4(a)(22)(C)

Added commas before and after “as

defined in 35 Ill. Adm. Code 720.110” to

offset the parenthetical; changed “solid

wastes” to singular “solid waste”; added a

comma before “provided” to offset the

parenthetical

721.121(a)(3)

261.21(a)(3)

Retained the reference to “flammable gas,

as defined in 49 CFR 173.115” instead of

adding language from former 49 C.F.R.

173.300(b) (1980); revised the appended

Board note to explain the deviation from

the federal text

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106

Illinois Section

40 C.F.R. Section

Revision(s)

721.121(a)(4)

261.21(a)(4)

Retained the reference to “oxidizer, as

defined in 49 CFR 173.127” instead of

adding language from former 49 C.F.R.

173.151 (1980); did not add the language

from the definition of “organic peroxide”

from former 49 CFR 173.151a (1980);

revised the appended Board note to

explain the deviation from the federal text

721.133(e) Board note 261.33(e) comment

Changed “Hazardous Waste Number” to

lower-case “USEPA hazardous waste

number”

721.133(e)

alphabetical listing

table

261.33(e) alphabetical list

Added the table heading “Alphabetical

Listing”

721.133(e) numerical

listing table

261.33(e) numerical list

Changed “numerical list” to “numerical

listing”

721.133(f) Board note

261.33(f) comment

Changed “Hazardous Waste Number” to

lower-case “USEPA hazardous waste

number”

721.Subpart E heading 261, subpart E heading

Changed “Exclusions/Exemptions” to

“Exclusions and Exemptions”

721.139 heading

261.39 heading

Changed “Cathode Ray Tubes (CRTs)” to

“CRTs”; removed the ending period

721.139 preamble

261.39 preamble

Changed “solid wastes” to singular “solid

wastes”

721.139(a)

261.39(a)

Added “CRT” before “processing”;

changed the ending colon to a period;

removed the redundant “if” from before

“they meet”

721.139(a)(1)

261.39(a)(1)

Changed “must be either” to “must be

managed in either of the following ways”

721.139(a)(1)(i)

261.39(a)(1)(A)

Added “they are” to make a complete

sentence

721.139(a)(1)(ii)

261.39(a)(1)(B)

Added “they are” to make a complete

sentence

721.139(a)(2)

261.39(a)(2)

Changed “tube(s)” to “tubes”; added

“with the following statement”

721.139(a)(4)

261.39(a)(4)

Added a comma before “as defined” to

offset the parenthetical; added a comma

before “instead of” to offset the

parenthetical

721.139(a)(5)

261.39(a)(5)

Changed “exporters” to singular “an

exporter”

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107

Illinois Section

40 C.F.R. Section

Revision(s)

721.139(a)(5)(A)

261.39(a)(5)(i)

Added “it must”; changed “EPA” to “the

Agency and USEPA”; changed “twelve

(12) month or lesser” to “12-month or

shorter”

721.139(a)(5)(A)(i)

261.39(a)(5)(i)(A)

Added the definite article “the”; changed

“EPA” to “USEPA”

721.139(a)(5)(A)(v)

261.39(a)(5)(i)(E)

Changed “type(s)” to “types”

721.139(a)(5)(B)

261.39(a)(5)(ii)

Changed the structure to present the

delivery addresses in two separate

subsections using the opening statement

as a preamble statement for both

subsections, including the labeling

requirement as a generally applicable

statement; removed “by mail should be

sent to the following mailing address”;

changed the ending colon to a period;

added “words” after “following”; changed

“shall” to “must”; changed “the envelope”

to “any envelope containing an export

notification”

721.139(a)(5)(B)(i)

261.39(a)(5)(ii)

Changed the structure to present the

mailing address in a separate subsection;

added “an export” before “notification”;

added “to USEPA” before “by mail”;

changed “shall” to “must”

721.139(a)(5)(B)(ii)

261.39(a)(5)(ii)

Changed the structure to present the and

delivery address in a separate subsection;

changed “hand-delivered notifications

should” to singular “an export notification

hand-delivered to USEPA must”

721.139(a)(5)(B)(iii)

261.39(a)(5)(ii)

Added the separate provision for

notification to the Agency

721.139(a)(5)(C)

261.39(a)(5)(iii)

Added “the Agency or”; changed “EPA”

to “USEPA” (twice); changed “shall” to

“must”; added “the Agency and”

721.139(a)(5)(D)

261.39(a)(5)(iv)

Changed “EPA” to “USEPA” (four

times); added “has stated that it” (twice);

added “the Agency and”; changed

“which” to “that” for a restrictive relative

clause

721.139(a)(5)(E)

261.39(a)(5)(v)

Added a comma before “unless” to offset

the parenthetical; changed “EPA” to

“USEPA” (three times); added “has stated

that it” (three times)

---

108

Illinois Section

40 C.F.R. Section

Revision(s)

721.139(a)(5)(F)

261.39(a)(5)(vi)

Added “the Agency and”; changed “EPA”

to “USEPA” (twice)

721.139(a)(5)(H)

261.39(a)(5)(viii)

Added “the Agency and”; changed “EPA”

to “USEPA”

721.139(a)(5)(I)

261.39(a)(5)(ix)

Changed “exporters” to singular “an

exporter”

721.139(a) Board note 261.39(a)

Added explanation that it is USEPA

which grants export notifications and that

the Board has required export notification

to the Agency to aid compliance

assurance

721.139(b)

261.39(b)

Changed the ending colon to a period;

added a comma before and after “as

defined in 35 Ill. Adm. Code 720.110” to

offset it as a parenthetical

721.139(b)(1)

261.39(b)(1)

Added “CRT” before “processing” to use

the defined term

721.139(b)(2)

261.39(b)(2)

Added “CRT” before “processing” to use

the defined term

721.139(b)(2)(A)

261.39(b)(2)(i)

Changed “paragraphs (2) and (3)” to “the

second and third subsections”

721.139(b)(2)(A)

Board note

261.39(b)(2)(i)

Added the explanation of the content of

the second and third subsections of the

definition

721.139(c)

261.39(c)

Changed the ending colon to a period;

changed “processed CRT glass” to “glass

from CRT processing” to use the defined

term; added “that is” before “sent”;

changed “used CRTs” to “CRT

processing”; added “CRT” before

“processing” to use the defined term;

added a comma before “as defined” to

offset the parenthetical

721.139(d)

261.39(d)

Changed the ending colon to a period;

changed “used CRTs” to “CRT

processing”

721.140 heading

261.40 heading

Changed “Cathode Ray Tubes (CRTs)” to

“CRTs”; removed the ending period

721.140

261.40

Changed “solid wastes” to singular “solid

waste”; removed the unnecessary comma

from before and changed “and if they” to

“and they”; added a comma before “as

defined” to offset the parenthetical

---

109

Illinois Section

40 C.F.R. Section

Revision(s)

721.141 heading

261.41 heading

Changed “Cathode Ray Tubes (CRTs)” to

“CRTs”; removed the ending period

721.141(a)

261.41(a)

Changed “persons who export” to singular

“a person that exports”; added “the

Agency and” before and “of USEPA

Region 5” after “the Regional

Administrator”; Changed the conjunction

“and” to a definite article “the” before and

changed “EPA ID number (if applicable)”

to “USEPA ID number (if applicable)”;

added a comma after “USEPA ID number

(if applicable)” to offset the final element

of a series

721.141(b)

261.41(b)

Changed “persons who export” to singular

“a person that exports”

724.115(b)(2)(A)

264.15(b)(2)(i)

Corrected “Class I” to “Class 1”

724.115(b)(4)

264.15(b)(4)

Changed “Performance Track member

facilities” to singular “owner or operator

of a Performance Track member facility”;

changed “that” to “which” for a non-

restrictive relative clause; changed “upon

approval” to “after approval”; changed

“Director” to “Agency”

724.115(b)(5)

264.15(b)(5)

Changed “Performance Track member

facilities that choose . . . their” to singular

“the owner or operator of a Performance

Track member facility that chooses . . .

its”; added “fulfill the following

requirements”

724.115(b)(5)(A)

264.15(b)(5)(i)

Added “it must”; changed “Director” to

“Agency”; changed “the facility” to “its

facility” (twice); added a comma before

and changed “and identify” to “and it

must identify” for an independent clause;

changed “the facility” to “the owner or

operator” for a non-restrictive relative

clause; added “as provided in subsection

(b)(4) of this Section” to offset by a

comma as a parenthetical; added

“pursuant to this subsection (b)(5)” after

“inspections”

---

110

Illinois Section

40 C.F.R. Section

Revision(s)

724.115(b)(5)(B)

264.15(b)(5)(ii)

Changed “Director” to “Agency”;

changed “will” to “must” added “the

owner or operator of” before “the

Performance Track member facility”

(three times); added “submitted pursuant

to subsection (b)(5)(A) of this Section”

after “the request”; added “the owner or

operator of a” before “Performance Track

member facility”; changed “Director” to

“Agency”; removed the colon and added

“either” after “does not; removed the

semicolon from before “or notify”;

724.115(b)(5)(C)

264.15(b)(5)(iii)

Added “the owner or operator of a” before

“Performance Track member facility”;

changed “their” to singular “its” (twice);

changed “is terminated” to “which

USEPA terminates”; changed “Director”

to “Agency”; added “owner or operator”

after “facility”

724.116(a)(4)

264.16(a)(4)

Added “the federal” before “Occupational

Safety and Health Administration”; added

“at” before “29 CFR 1910.120(p)(8) and

(q)”; added “OSHA emergency response”

before “training”

724.152(b)

264.52(b)

Changed “which” to “that” for a

restrictive relative clause; changed

“USEPA recommends” to “USEPA has

recommended”; removed the quotation

marks from “(One Plan)”

724.152(b) Board note 264.52(b)

Added

Federal Register

citations and

Internet addresses for information about

the federal “One Plan”; corrected the e-

mail address to obtain copies of the

guidance documents from the

“yosemite.epa.gov/oswer/Ceppoweb.nsf/c

ontent/serc-lepc-publications.htm”

address given in the

Federal Register

to

“www.epa.gov/emergencies” address

found with a search of the USEPA

website, including parenthetical search

instructions for finding the documents

724.173(b)

264.73(b)

Changed “noted” to “otherwise provided”

724.173(b)

264.73(b)

Changed “noted” to “otherwise provided”

---

111

Illinois Section

40 C.F.R. Section

Revision(s)

724.173(b)(6)

264.73(b)(6)

Changed “ground-water” to

“groundwater”; added a comma before

“which must” to offset a non-restrictive

relative clause

724.173(b)(16)

264.73(b)(16)

Removed the ending conjunction “and”

724.173(b)(17)

264.73(b)(17)

Changed the ending period to a semicolon

724.173(b)(18)

264.73(b)(18)

Added a comma after “testing” to offset

the final element of a series; changed the

ending period to a semicolon; added the

ending conjunction “and”

724.173(b)(19)

264.73(b)(19)

Added commas before and after “as

required by Section 724.296(f)” to offset

it as a parenthetical

724.198(g)(2)

264.98(g)(2)

Changed “Regional Administrator” to

“Agency”; removed the parenthetical “on

a discretionary basis”; changed “may” to

“must”; added “for” before “other

representative”; changed

“representative/related” to “representative

or related”; added “if it determines . . .

contamination has occurred”

724.198(g)(3)

264.98(g)(3)

Changed “Administrator” to “Agency”

724.199(g)

264.99(g)

Moved “annually” to follow “must”;

changed “Administrator” to “Agency”

(four times); added “the following” after

“determine”

724.274

264.174

Changed “Performance Track member

facilities” to singular “the owner or

operator of a Performance Track member

facility”; changed “that” to “which” for a

non-restrictive relative clause; changed

“upon approval” to “after approval”;

changed “Director” to “Agency”; added

“the owner or operator of” before “the

Performance Track member facility”

724.292(b)

264.192(b)

Retained “tank systems” in place of

“tanks systems”

724.293(a)(1)

264.193(a)(1)

Changed “new and existing tank systems”

to singular “new or existing tank systems”

724.293(a)(2)

264.193(a)(2)

Changed “within two years of” to “within

two years after”

724.293(i)(2)(A)

264.193(a)(2)

Retained the commas before “as described

in subsection (i)(1) of this Section” that

offset it as a parenthetical

---

112

Illinois Section

40 C.F.R. Section

Revision(s)

724.295(b)

264.195(b)

Added “etc.” offset by a comma after

“monitoring wells”

724.295(c)

264.195(c)

Added “the following”

724.295(c)(1)

264.195(c)(1)

Changed the ending period to a

semicolon; added the ending conjunction

“and”

724.674(a)

264.574(a)

Moved “by a qualified Professional

Engineer” from the end of the sentence to

follow “certified”; added “set forth”

before “in”

724.1101(c)(2)

264.1101(c)(2)

Retained “subsections (a) through (c)” in

place of “paragraphs (a), (b), and (c)”

724.1101(c)(4)

264.1101(c)(4)

Changed “except for the owner or

operator of Performance Track member

facilities, which must inspect at least once

each month, upon approval by the

Director” to “except that the owner or

operator of a Performance Track member

facility must inspect the record at least

once each month after approval by the

Agency” and moved it to the end of the

sentence for enhanced clarity; added the

indefinite article “a” before “reduced

inspection frequency”; added “owner or

operator of a” before “Performance Track

member facility”

725.115(b)(4)

265.15(b)(4)

Changed “Performance Track member

facilities” to singular “owner or operator

of a Performance Track member facility”;

changed “that” to “which” for a non-

restrictive relative clause; changed “upon

approval” to “after approval”; changed

“Director” to “Agency”

725.115(b)(5)

265.15(b)(5)

Changed “Performance Track member

facilities that choose . . . their” to singular

“the owner or operator of a Performance

Track member facility that chooses . . .

its”; added “fulfill the following

requirements”

---

113

Illinois Section

40 C.F.R. Section

Revision(s)

725.115(b)(5)(A)

265.15(b)(5)(i)

Added “it must”; changed “Director” to

“Agency”; changed “the facility” to “its

facility” (twice); added a comma before

and changed “and identify” to “and it

must identify” for an independent clause;

changed “the facility” to “the owner or

operator” for a non-restrictive relative

clause; added “as provided in subsection

(b)(4) of this Section” to offset by a

comma as a parenthetical; added

“pursuant to this subsection (b)(5)” after

“inspections”

725.115(b)(5)(B)

265.15(b)(5)(ii)

Changed “Director” to “Agency” (twice);

changed “will” to “must”; added “the

owner or operator of” before “the

Performance Track member facility” (four

times); replaced the colon with “either”

and removed the parenthetical option

numbers “(1)” and “(2)”; added

“submitted pursuant to subsection

(b)(5)(A) of this Section” after “the

request”; added “the owner or operator of

a” before “Performance Track member

facility”; changed “Director” to

“Agency”; removed the colon and added

“either” after “does not; removed the

semicolon from before “or notify”;

725.115(b)(5)(C)

265.15(b)(5)(iii)

Added “owner or operator of a” before

“Performance Track member facility”;

changed “is terminated” to “which

USEPA terminates”; changed “Director”

to “Agency”; added “owner or operator”

after “facility”

725.116(a)(4)

265.16(a)(4)

Added “the federal” before “Occupational

Safety and Health Administration”; added

“at” before “29 CFR 1910.120(p)(8) and

(q)”; added “OSHA emergency response”

before “training”

725.152(b)

265.52(b)

Changed “which” to “that” for a

restrictive relative clause; changed

“USEPA recommends” to “USEPA has

recommended”; removed the quotation

marks from “(One Plan)”

---

114

Illinois Section

40 C.F.R. Section

Revision(s)

725.152(b) Board note 265.52(b)

Added

Federal Register

citations and

Internet addresses for information about

the federal “One Plan”

725.173(b)

265.73(b)

Changed “noted below” to “otherwise

provided as follows”

725.173(b)(2)

265.73(b)(2)

Changed “diagram of” to “diagram that

shows”

725.173(b)(6)

265.73(b)(6)

Changed “ground-water” to

“groundwater”

725.173(b)(15)

265.73(b)(1)

Added a comma before “where required”

to offset the parenthetical; added commas

before and after “as required by Section

725.196(f)” to offset the parenthetical

725.198(g)(3)

265.98(g)(3)

Changed “Administrator” to “Agency”

725.274

265.174

Changed “Performance Track member

facilities” to singular “the owner or

operator of a Performance Track member

facility”; changed “that” to “which” for a

non-restrictive relative clause; changed

“upon approval” to “after approval”;

changed “Director” to “Agency”; added

“the owner or operator of” before “the

Performance Track member facility”

725.293(a)(1)

265.193(a)(1)

Changed “new and existing tank systems”

to singular “new or existing tank systems”

725.293(a)(2)

265.193(a)(2)

Changed “within two years of” to “within

two years after”

725.293(i)(2)

265.193(a)(2)

Retained the commas before and after “as

described in subsection (i)(1) of this

Section” that offset it as a parenthetical

725.295(b)

265.195(b)

Added “etc.” offset by a comma after

“monitoring wells”

725.295(c)

265.195(c)

Changed “owners or operators of tanks

systems that either use . . . or implement”

to singular “the owner or operator of a

tank system that either uses . . . or

implements”; removed the unnecessary

commas from before and after “or

implements . . . promptly identified”

which separated the second element of a

two-element series

---

115

Illinois Section

40 C.F.R. Section

Revision(s)

725.295(d)

265.195(d)

Changed “Performance Track member

facilities” to singular “the owner or

operator of a Performance Track member

facility”; changed “upon approval” to

“after approval”; changed “Director” to

“Agency”; added “it” before “must” for

an independent clause; added “the owner

or operator of” before “the Performance

Track member facility”

725.296(f)

265.196(f)

Retained “owner or operator” instead of

“owner/operator”; retained “must be” in

place of “is to be”

724.301(d)

264.201(d)

Changed “generators who accumulate . . .

use . . . implement” to singular “a

generator that accumulates . . . uses . . .

implements”; changed “which” to “that”

for a restrictive relative clause (twice);

removed the commas before and after “or

implements . . . are promptly identified”

that separated a two-element series

724.301(e)

264.201(e)

Changed “Performance Track member

facilities” to singular “the owner or

operator of a Performance Track member

facility”; changed “upon approval” to

“after approval”; changed “Director” to

“Agency”; added “it” before “must” for

an independent clause; added “the owner

or operator of” before “the Performance

Track member facility”

725.414(f)

265.314(f)

Omitted the conditional language “unless

. . . the Regional Administrator determines

that:”; added “See 35 Ill. Adm. Code

729.311.” in parentheses

725.1101(c)(2)

265.1101(c)(2)

Added “it must”; retained “subsections (a)

through (c)” in place of “paragraphs (a),

(b), and (c)”

---

116

Illinois Section

40 C.F.R. Section

Revision(s)

725.1101(c)(4)

265.1101(c)(4)

Changed “Performance Track member

facilities” to singular “the owner or

operator of a Performance Track member

facility” added “the record” after

“inspect”; added “at least” before “once

each month” to agree with the USEPA

amendments to 40 C.F.R. 264.1101(c)(4);;

removed the comma before and changed

“upon approval” to “after approval”;

changed “Director” to “Agency”; added

the indefinite article “a” before “reduced

inspection frequency”; added “owner or

operator of a” before “Performance Track

member facility”

728.107(a)(2)

268.7(a)(2)

Changed “his” to “its”; changed “EPA

Hazardous Waste Numbers” to lower-case

“USEPA hazardous waste numbers”;

changed “Manifest Number” to lower-

case “manifest number”; added a comma

before and changed “and must state” to

“and it must include the following

statement:” for an independent clause.

728.107(b)(6)

268.7(b)(6)

Changed “on site” to hyphenated “on-

site”; added “the owner or operator of”

before “the recycling facility”

728.107(c)(2)

268.7(c)(2)

Changed the comma after “EPA-530/SW-

846” to a closing parenthesis

Table B

Board Housekeeping Amendments

Section

Source

Revision(s)

702.120 Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.182 Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

703.202 Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

703.212 Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

703.213(f)

Board

Changed “exceedences” to “exceedances”

703.213 Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

---

117

Section

Source

Revision(s)

703.280 Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

703.350(a) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.350(b) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.350(c)(1)

Agency

Added the citations to “703.110” and “702.104”; changed

“703.159” to “703.160”

703.350(c) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.352(a) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.352(b) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.352(c) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.352(d) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.352(e)(6)

Board

Changed “exceedences” to “exceedances”

703.352(e) Board note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

703.Appendix A Board

note

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.110 “incompatible

waste”

Board

Added “references that list”

720.111(a) “ASTM,”

“ASTM G 21-70”

JCAR,

Board

Removed the unnecessary period after “Fungi” in the

document title; moved the comma after the document title

inside the closing quotation mark

720.111(a) “ASTM,”

“ASTM G 22-76”

JCAR,

Board

Removed the unnecessary period after “Bacteria” in the

document title; moved the comma after the document title

inside the closing quotation mark

720.111(a) “USDOD,”

“USDOD Ammunition

and Explosives Safety

Standards”

Board

Updated the reference to the most recent edition available

---

118

Section

Source

Revision(s)

720.111(a) “USDOD,”

“the Motor Vehicle

Inspection Report”

JCAR,

Board

Updated the reference to the most recent edition available

720.111(a) “USDOD,”

“the Signature and

Tally Record”

JCAR,

Board

Updated the reference to the most recent edition available

720.111(a) “USDOD,”

“Special Instructions

for Motor Vehicle

Drivers”

JCAR,

Board

Updated the reference to the most recent edition available

720.111(a) “USDOD”

Board note

JCAR,

Board

Added explanation of the on-line availability of the

references

720.111(a), “USEPA

Region 6,” “EPA

RCRA Delisting

Program—Guidance

Manual for the

Petitioner”

JCAR,

Board

Changed the double hyphen to its equivalent, an em-dash

720.111(a) “USGSA,”

“Government Bill of

Lading”

Board

Corrected and updated the reference to the most recent

edition available

720.111(a) “USGSA,”

“Government Bill of

Lading” Board note

Board

Added explanation of the on-line availability of the

reference

720.111(b) “10 CFR

20.2006”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “table II,

column 2 in appendix

B to 10 CFR 20”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

G to 10 CFR 20”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “10 CFR

71”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “10 CFR

71.5”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “33 CFR

153.203”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

3.2”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

3.3”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

---

119

Section

Source

Revision(s)

720.111(b) “40 CFR

3.10”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

3.2000”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

51.100(ii)”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

W to 40 CFR 51”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “appendix

B 40 CFR 52.741”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

60”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citations

720.111(b) “subpart

VV of 40 CFR 60”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

A to 40 CFR 60”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

61”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citations

720.111(b) “subpart V

of 40 CFR 61”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “subpart FF

of 40 CFR 61”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

63”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citations

720.111(b) “subpart

RR of 40 CFR 63”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “subpart

EEE of 40 CFR 63”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citations

720.111(b) “Method

301 in appendix A to

40 CFR 63”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

C to 40 CFR 63”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

D to 40 CFR 63”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

136.3”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

---

120

Section

Source

Revision(s)

720.111(b) “40 CFR

144.70”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

3.2”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

232.2”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

257”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

258”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citations

720.111(b) “40 CFR

3.2”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

260.21”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix I

to 40 CFR 260”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

III to 40 CFR 261”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

262.53”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

262.54”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

262.55”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

262.56”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “40 CFR

262.57”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

to 40 CFR 262”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition, including removal of the

obsolete

Federal Register

citation

720.111(b) “40 CFR

264.151”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix I

to 40 CFR 264”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

IV to 40 CFR 264”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix

V to 40 CFR 264”

Board

Updated the citation to the

Code of Federal Regulations

to the most recent edition

720.111(b) “appendix