ILLINOIS POLLUTION CONTROL BOARD
    August 21, 2008
    IN THE MATTER OF:
    RCRA SUBTITLE D UPDATE, USEPA
    REGULATIONS (January 1, 2008 through
    June 30, 2008)
    )
    )
    )
    )
    )
    R09-2
    (Identical-in-Substance Rulemaking -
    Land)
    Proposed Rule. Dismissal Order.
    ORDER OF THE BOARD (by G.T. Girard):
    Section 22.40(a) of the Environmental Protection Act (415 ILCS 5/22.40(a) (2006))
    requires the Board to adopt regulations that are “identical in substance” to regulations of the
    United States Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2006).
    Specifically, Section 22.40(a) relates to municipal solid waste landfill (MSWLF) regulations that
    USEPA adopted to implement Subtitle D of the Resource Conservation and Recovery Act of
    1976 (42 U.S.C §§ 6941-6949 (2006); RCRA Subtitle D). USEPA has codified the federal
    MSWLF rules as 40 C.F.R. 258.
    The Board reserved this docket for USEPA amendments during the period between
    January 1, 2008 and June 30, 2008. During that time period, USEPA did not amend its MSWLF
    regulations. Therefore, no action is necessary, and the Board dismisses this docket.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 21, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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