ILLINOIS POLLUTION CONTROL BOARD
September 4, 2008
IN THE MATTER OF:
)
RCRA SUBTITLE C UPDATE, USEPA
AMENDMENTS (January 1, 2008 through
June 30, 2008)
)
)
)
R09-3
(Identical-in-Substance
Rulemaking - Public Water Supply)
Proposed Rule. Proposal for Public Comment.
OPINION OF THE BOARD (by G.T. Girard):
SUMMARY OF TODAY’S ACTION
This identical-in-substance rulemaking would update the Illinois hazardous waste
regulations to incorporate revisions to the federal regulations. The United States Environmental
Protection Agency (USEPA) adopted the federal hazardous waste amendments that prompted
this action during the time periods of January 1, 2008 through June 30, 2008. This proceeding
proposes amendments to 35 Ill. Adm. Code 721, 721, 724, 725, 726, and 728. Also included in
this proceeding are amendments to respond to comments submitted by USEPA after the
conclusion of the prior update docket, RCRA Subtitle C Update, USEPA Amendments (March
5, 2005, September 8, 2005, January 1, 2006 through June 30, 2006), R07-5, RCRA Subtitle C
Update (July 1, 2006 through December 31, 2006), R07-14 (June 5, 2008) (consolidated). Those
comments, docketed in this present docket at PC 2, suggested corrections to the rules. This
proposal for public comment would also make a series of substantive and non-substantive
corrections and stylistic revisions to segments of the text that are not otherwise affected by the
covered federal amendments.
This opinion and the related order propose for public comment identical-in-substance
amendments in the hazardous waste program area. Sections 7.2 and 22.4(a) of the Act (415
ILCS 5/7.2 and 22.4(a) (2006)) require the Board to adopt regulations that are “identical in
substance” to hazardous waste regulations adopted by the USEPA. These USEPA rules
implement Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA
Subtitle C) (42 U.S.C. §§ 6921
et seq
. (2006)). The federal RCRA Subtitle C hazardous waste
management (HWM) regulations are found at 40 C.F.R. 260 through 268, 270 through 273, and
279.
Section 22.4(a) also provides that Title VII of the Act and Section 5 of the Administrative
Procedure Act (5 ILCS 100/5-35 and 5-40 (2006)) do not apply to the Board’s adoption of
identical-in-substance regulations.
This opinion supports an order that the Board also adopts today. The Board will cause
the proposed amendments to be published in the
Illinois Register
and will hold the docket open
to receive public comments for 45 days after the date of publication. The Board presently
intends to adopt final amendments based on this proposal on or before November 20, 2008, as is
explained beginning on page 6 of this opinion.
2
As a special note, the Board particularly requests that USEPA and the Agency comment
on the Board’s proposal relating to certain of the June 4, 2008 exception from the F019
hazardous waste listing. The Board has significantly altered the USEPA language of the
exception, in order to tailor it to Illinois-specific regulation of non-hazardous waste landfills.
The issues raised by those segments of the corrections and the Board departures from the federal
text are discussed at pages 11-20 of this opinion.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
The following listing briefly summarizes the federal actions considered in this RCRA
Subtitle C update rulemaking:
Docket R09-3: January 1, 2008 through June 30, 2008 Amendments
USEPA amended the federal hazardous waste regulations three times during the period
January 1, 2008 through June 30, 2008, as is summarized below:
January 2, 2008 (at 73 Fed. Reg. 57)
Description of the USEPA action:
USEPA broadened an existing exclusion
from the definition of solid waste for oil-bearing secondary materials that are
reinserted into the refining process. The exclusion now embraces the gasification
of oil-bearing secondary materials when they are processed in a gasification
system at a refinery for production of synthesis gas.
Necessary Board action in response:
The Board must incorporate these limited
federal amendments into the Illinois rules. This requires adding a new definition
of “gasification” to 40 C.F.R. 720.110 and amending the existing exclusion from
the definition of solid waste in 35 Ill. Adm. Code 721.104.
April 8, 2008 (at 73 Fed. Reg. 18970)
Description of the USEPA action:
USEPA amended the October 12, 2005 (70
Fed. Reg. 59402) Hazardous Waste Combustor Rule. The body of the hazardous
waste combustor rule is codified as an air rule, at subpart EEE of 40 C.F.R. 63,
and the major portion of the April 8, 2008 amendments involved subpart EEE.
The HWM facility standards of 40 C.F.R. 264 through 266 include limited
segments that describe the interplay between the hazardous waste combustor rule
and the HWM facility standards. The April 8, 2008 amendments included limited
amendments to the HWM facility standards.
Necessary Board action in response:
The Board must incorporate the federal
hazardous waste combustor rule amendments into the Illinois rules. This requires
updating the incorporation of subpart EEE of 40 C.F.R. 63 by reference in 35 Ill.
3
Adm. Code 720.111 to include the amendments. It will also require amendment
of 35 Ill. Adm. Code 724.440 and 726.200.
June 4, 2008 (at 73 Fed. Reg. 31756)
Description of the USEPA action:
USEPA amended the F019 hazardous waste
listing to exempt wastewater treatment sludges from zinc phosphating when
generated by a motor vehicle manufacturing process, subject to limitations. F019
waste is wastewater treatment sludge from the chemical conversion coating of
aluminum.
Necessary Board action in response:
The Board must amend the F019 waste
listing in 35 Ill. Adm. Code 721.131 to correspond with the federal amendments.
The amendments involve reliance on non-hazardous waste landfill requirements.
Correction of an Error in the Hazardous Waste Manifest Requirements
The Board must correct the text of the rules. An inadvertent error made in the prior
update docket has resulted in the existence of two versions of 35 Ill. Adm. Code 725.176(a). The
Board has used this opportunity to make the correction, as Part 725 is open for current federal
amendments.
On March 4, 2005 (at 70 Fed. Reg. 10776), USEPA amended the federal hazardous waste
manifest requirements. The Board adopted the corresponding amendments to the Illinois rules in
consolidated 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 amendments required the Board to restructure the rules to
accommodate two versions of many provisions: one version applicable until September 5, 2006
and the other applicable after that date.
The Board attempted to revert to a structure that more closely parallels the corresponding
USEPA rules in prior consolidated update docket RCRA Subtitle C Update, USEPA
Amendments (March 5, 2005, September 8, 2005, January 1, 2006 through June 30, 2006), R07-
5, RCRA Subtitle C Update (July 1, 2006 through December 31, 2006), R07-14 (June 5, 2008)
(consolidated). Although the Board opinion listed the deletion of the then-existing version of
Section 725.176(a) and renumbering of then-existing subsection (b) to subsection (a) (
see id.
,
opinion at p. 69, and order at pp. 444-445), the renumbering in the order occurred without the
corresponding deletion. The result was two subsections numbered “a” in Section 725.176.
Rules Text Corrections Suggested by USEPA
USEPA has pointed out a small number of discrepancies in the existing text of the rules,
including the error in Section 725.176 discussed immediately above.
See
PC 2. The Board must
correct the text of the rules to remove them to minimize any confusion to the regulated
community or to the general public.
4
USEPA suggested changes based on its review of the text of the amendments adopted in
RCRA Subtitle C Update, USEPA Amendments (March 5, 2005, September 8, 2005, January 1,
2006 through June 30, 2006), R07-5, RCRA Subtitle C Update (July 1, 2006 through December
31, 2006), R07-14 (June 5, 2008) (consolidated). The Board has used this opportunity to make
the changes suggested by USEPA, since one or more of the errors could constitute substantive
deficiencies in the rules. Making these changes has required the Board to add Parts 725 and 728
to this proceeding.
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 June 30,
2008, 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.
If the Board identifies any federal actions that fulfill these criteria prior to final action on
the present amendments, the Board may include those amendments in the present docket, R09-3.
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:
January 2, 2008 (at 73 Fed. Reg. 57)
Broadened exclusion from the definition of solid
waste for oil-bearing secondary materials that are
reinserted into the refining process to include the
gasification of oil-bearing secondary materials
when they are processed in a gasification system
at a refinery for production of synthesis gas.
April 8, 2008 (at 73 Fed. Reg. 18970)
Amendments to the Hazardous Waste Combustor
Rule.
June 4, 2008 (at 73 Fed. Reg. 31756)
Exclusion of wastewater treatment sludges from
zinc phosphating from the F019 hazardous waste
listing when generated by a motor vehicle
manufacturing process.
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 40 and 49 and the 2008 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 will
amend the incorporations of these federal regulations by reference to include those editions of
the
Code
. This will assure that all NRC (10 C.F.R.) regulations through December 31, 2007, all
Coast Guard (33 C.F.R.) through June 30, 2008, all USEPA (40 C.F.R.) amendments through
June 30, 2007, and all USDOT (49 C.F.R.) amendments through September 30, 2007, will be
included in the incorporations of the pertinent regulations by reference.
As of the date of this proposal for public comment, the Board has found only minor sets
of amendments to the incorporated materials in Section 720.111 past the date of the 2007 or
2008 edition, as applicable, 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 proposes to update the incorporations to include the later federal
amendments. The
Federal Register
citations to the later amendments that are added to the
incorporations by reference are listed in Table 1, which begins on page 21 of this opinion.
PUBLIC COMMENTS
The Board will receive public comments on this proposal for a period of 45 days
following its publication in the
Illinois Register
. After that time, the Board will immediately
consider adoption of the amendments, making any necessary changes made after consideration
of the public comments. The Board will delay filing any adopted rules with the Secretary of
State for 30 days after adoption, particularly to allow additional time for USEPA to review the
adopted amendments before they are filed and become effective.
Prior to development of the proposal for public comment in this docket, Board staff
received two e-mails relating to the hazardous waste rules. The Board has regarded the e-mails
received as public comments, and has entered them into this docket.
The first e-mail, received on June 9, 2008, was from Susan Rokosz, Ford Motor
Company, Environmental Quality Office. That comment requested expedited action on the
federal amendments of June 4, 2008.
6
Gary Westefer, USEPA Region 5, submitted the second e-mail on July 30, 2008. That e-
mail listed a small number of necessary corrections to the text of the rules as amended in the
prior update docket, RCRA Subtitle C Update, USEPA Amendments (March 5, 2005, September
8, 2005, January 1, 2006 through June 30, 2006), R07-5, RCRA Subtitle C Update (July 1, 2006
through December 31, 2006), R07-14 (June 5, 2008) (consolidated). The Board docketed that
second e-mail as PC 9 in that prior docket, then introduced them into the present docket as PC 2,
in order to address the suggested changes described by USEPA in the e-mail. The Board has
attached the Board staff response to the USEPA e-mail as part of PC 2.
In summary, the public comments received prior to this proposal for public comments are
described as follows:
PC 1 June 9, 2008 e-mail from Susan Rokosz, Ford Motor Company, Environmental
Quality Office. Attached to this e-mail as a public comment is the June 12, 2008
response from Michael J. McCambridge, Board hearing officer.
PC 2 July 30, 2008 e-mail from Gary Westefer, USEPA Region 5. Attached to this e-
mail as a public comment is the June 12, 2008 response from Michael J.
McCambridge, Board hearing officer.
The Board is responding to PC 1 by development of, and action on, this proposal for
public comment as rapidly and expeditiously as available resources have allowed. The Board
has opened various segments of the rules to incorporate changes based on the USEPA comments
in PC 2. The Board has listed the corrections made in response to PC 2 in Table 3, which begins
on page 26 of this opinion. None of the revisions warrant specific discussion in this opinion, but
the segment of this opinion that begins on page 9 includes a brief discussion of the need to
include segments of the rules that are not otherwise involved in this docket for amendment in
response to PC 2.
TIMETABLE FOR COMPLETION OF THIS RULEMAKING
AND EXTENSION OF THE DUE DATE
Under Section 7.2 of the Act (415 ILCS 5/7.2(b) (2006)), the Board must complete this
rulemaking within one year of the date of the earliest set of federal amendments considered in
this docket. USEPA adopted the earliest federal amendments that required Board attention on
January 2, 2008, so that the deadline for Board adoption of these amendments is January 2, 2009.
The Board has projected the times required by which to complete various activities
towards ultimate adoption of these amendments before the due date. Meeting a January 2, 2009
deadline for final adoption of the amendments will require the Board to adhere to the following
schedule of intermediate occurrences:
Due date:
January 2, 2009
Date of Board vote to propose amendments:
September 4, 2008
Submission for
Illinois Register
publication:
September 15, 2008
Probable
Illinois Register
publication dates:
September 26, 2008
7
Probable End of 45-day public comment period:
November 10, 2008
Date of Board vote to adopt amendments:
November 20, 2008
End of 30-day hold period for USEPA review:
December 22, 2008
Probable filing and effective date:
December 29, 2008
Probable
Illinois Register
publication date:
January 9, 2009
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 need to
respond to the USEPA comments in PC 2 by including segments of the rules that are not
otherwise affected by USEPA amendments in this docket. A series of three substantive
discussions of the federally derived amendments involved in this docket follows that discussion
of PC 2. 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
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. The federal Government Printing Office releases several updated titles of the
Code of Federal Regulations
every calendar quarter. This occurs in a cycle that assures a new
edition of each title of the
Code
every year. The most recent versions of the
Code of Federal
Regulations
available are the January 1, 2008 edition for NRC regulations (Title 10), the July 1,
2008 edition for Coast Guard regulations (Title 33), the July 1, 2007 edition for USEPA
regulations (Title 40), and the October 1, 2007 edition for USDOT regulations (Title 49). Thus,
the Board has updated all citations to Titles 10 and 33 to the 2008 edition of the
Code of Federal
Regulations
and citations to Title 40 and 49 to the 2007 edition. The Board has added the
Federal Register
citation, where necessary, for amendments that occurred after the
Code of
Federal Regulations
edition date but before June 3, 2008, the cutoff date for amendments
8
included in this docket. Table 1, which begins on page 21 of this opinion, lists the
Federal
Register
citation for each set of later federal amendments included in this docket.
The Board substituted “or” for “/” in most instances where this appeared in the federal
base text, using “and” where more appropriate. The Board further used this opportunity to make
a number of corrections to punctuation, grammar, spelling, and cross-reference format
throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the
person to which the regulation referred was not necessarily a natural person, or to “he or she,”
where a natural person was evident; changed “which” to “that” for restrictive relative clauses;
substituted “must” for “shall”; capitalized the section headings and corrected their format where
necessary; and corrected punctuation within sentences.
In addition, the federal rules have been edited to establish a uniform usage throughout the
Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used
when an action is required by the rule, without regard to whether the action is required of the
subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday
language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break
from our former practice where “shall” was used when the subject of a sentence has a duty to do
something. “Will” is used when the Board obliges itself to do something. “May” is used when
choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.”
“Either . . . or” denotes “one but not both.” “And” denotes “both.”
The Joint Committee on Administrative Rules has requested that the Board refer to the
United States Environmental Protection Agency in the same manner throughout all of our bodies
of regulations—
i.e.
, air, water, drinking water, RCRA Subtitle D (municipal solid waste
landfill), RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The
Board has decided to refer to the United States Environmental Protection Agency as “USEPA.”
The Board will continue this conversion in future rulemakings as additional sections become
open to amendment. The Board will further convert “EPA” used in federal text to “USEPA,”
where USEPA is clearly intended.
The Board has assembled tables to aid in the location of these alterations and to briefly
outline their intended purpose. Table 2 sets forth the miscellaneous deviations from the federal
text, and Table 3 itemizes the corrections to the pre-amended base text of the rules in detail.
Table 2 begins on page 24 of this opinion, and Table 3 begins on page 26. There is no further
discussion of most of the deviations and revisions elsewhere in this opinion.
The Need to Include Segments of the Existing Regulations in This Docket
in Response to Corrections Suggested by USEPA in PC 2
Gary Westefer, USEPA Region 5, submitted the e-mail docketed as PC 2 on July 30,
2008. That e-mail listed a small number of necessary corrections to the text of the rules as
amended in the prior update docket, RCRA Subtitle C Update, USEPA Amendments (March 5,
2005, September 8, 2005, January 1, 2006 through June 30, 2006), R07-5, RCRA Subtitle C
Update (July 1, 2006 through December 31, 2006), R07-14 (June 5, 2008) (consol.). The Board
9
docketed that second e-mail as PC 9 in that prior docket, then introduced it into the present
docket as PC 2, in order to address the suggested changes described by USEPA in the e-mail.
On June 5, 2008, the Board voted to adopt the amendments involved in the prior
consolidated update docket, UIC Update, USEPA Amendments (March 5, 2005, September 8,
2005, January 1, 2006 through June 30, 2006), R07-5, RCRA Subtitle C Update (July 1, 2006
through December 31, 2006), R07-14 (June 5, 2008) (consol.). The Board filed those
amendments with the Office of the Secretary of State on July 14, 2008. On July 30, 2008,
USEPA Region 5 submitted a list of corrections necessary to the base text of the rules as
amended in R07-5/R07-14. The Board entered that list of corrections as PC 9 in that docket,
although no corrections are possible to the amendments in that docket after their July 14, 2008
filing. Thus, the Board has entered the list of corrections into this docket, R09-3, as PC 1, to
give consideration to the corrections listed.
After review of the listed corrections, the Board has concluded that limited revisions are
necessary to the rules. USEPA found three errors in the Section 721.133 listing of discarded
commercial chemical products that are hazardous waste. USEPA found a segment of text in
Section 725.176 that the Board inadvertently neglected to remove in the prior update docket,
R07-5/R07-14. USEPA also found an erroneous cross-reference to the underground injection
control-related land disposal restrictions in Section 728.102. Table 3, which begins on page 26
of this opinion, lists the corrections made in response to PC 2.
The Board has decided to include the corrections to each of Sections 721.133, 725.176,
and 728.102 in this docket. The Board believes that the errors are significant enough to warrant
inclusion of these three Sections in this docket for immediate attention, to minimize any
confusion to the regulated community and general public. No amendments to these three
provisions other than the corrections listed by USEPA in PC 2 are included in this docket.
The Board requests comment on the revisions made to the existing rules based on the
July 30, 2008 USEPA listing of corrections (PC 2).
Discussion of the Particular Federal Actions Involved in This Docket
Amended Exclusion from the Definition of Solid Waste for Recycled Oil-Bearing
Secondary Materials—Sections 720.110 and 721.104
On January 2, 2008 (73 Fed. Reg. 57), USEPA amended an existing exclusion of
secondary oil-bearing materials from the definition of solid waste. Under 40 C.F.R.
261.4(a)(12)(i) (corresponding with 35 Ill. Adm. Code 720.104(a)(12)(A)), oil-bearing
secondary materials generated by the petroleum industry are not solid waste when they are
inserted into a petroleum refining process, such as distillation, catalytic cracking, fractionation,
or thermal cracking. The amendment includes “gasification” as a petroleum refining process, so
that the introduction of the secondary material into a gasification process qualifies the material as
excluded from the definition of solid waste. USEPA added a definition of “gasification” to 40
C.F.R. 260.10 (corresponding with 35 Ill. Adm. Code 720.110).
10
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 January 2, 2008
Federal Register
notice.
The Board incorporated the January 2, 2008 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. Table 2, which begins on page 24 of this opinion,
itemizes the various revisions made in the federal text in adapting it into the State regulations.
The Board requests public comment on the incorporation of the January 2, 2008 federal
exclusion of secondary oil-bearing materials introduced into gasification from the definition of
solid waste.
Amendments to the Hazardous Waste Combustor Rule—Sections 720.111, 724.440, and
726.200
On April 8, 2008 (73 Fed. Reg. 18970), USEPA amended the October 12, 2005 (70 Fed.
Reg. 59402) Hazardous Waste Combustor Rule. USEPA stated that the amendments clarify
several compliance and monitoring provisions and correct errors and omissions in the Rule. The
main body of the Hazardous Waste Combustor Rule is codified as an air rule at subpart EEE of
40 C.F.R. 63. Segments that appear in the body of the hazardous waste rules, in the HWM
facility standards of 40 C.F.R. 264 through 266, outline the interplay and applicability of the
Hazardous Waste Combustor Rule and the hazardous waste facility standards. The principal
April 8, 2008 federal amendments involved changes in subpart EEE of 40 C.F.R. 63. USEPA
included minor amendments to 40 C.F.R. 264 and 266.
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 8, 2008
Federal Register
notice.
The Board incorporated the HWM segments of the April 8, 2008 federal amendments
without substantive deviation from the corresponding federal text. The Board updated the
version of subpart EEE of 40 C.F.R. 63 incorporated by reference in Section 720.110(b) for the
purposes of numerous permitting and HWM facility standards provisions.
1
The Board amended
Sections 724.440 to correspond with USEPA’s amendments to 40 C.F.R. 264.340. No
amendment was necessary to 726.200 to correspond with USEPA’s amendment to 40 C.F.R.
266.100, since the only federal correction to that provision was to a subsection number that the
1
They are referenced in Appendix A to 35 Ill. Adm. Code 703 and in 35 Ill. Adm. Code
703.155, 703.205, 703.208, 703.221, 703.232, 703.320, 703.280, 724.440, 724.701, 724.950,
725.440, and 726.200.
11
Board had already corrected when adopting Section 726.200(b)(3)(C).
2
Table 2, which begins
on page 24 of this opinion, itemizes the various revisions made in the federal text in adapting it
into the State regulations.
The Board requests public comment on the incorporation of the April 8, 2008 federal
amendments to the Hazardous Waste Combustor Rule into the Illinois regulations.
Exemption from the F019 Hazardous Waste Listing for Wastewater Treatment Sludges
from the Motor Vehicle Manufacturing Process—Section 721.131
On June 4, 2008 (73 Fed. Reg. 31756), USEPA amended the F019 hazardous waste
listing (wastewater treatment sludges from the chemical conversion coating of aluminum) to
exclude sludges from the manufacture of motor vehicles, so long as the wastes are not placed on
the land before disposal and the ultimate disposal is in a Subtitle D municipal solid waste landfill
(MSWLF) or an industrial landfill that has a single clay liner that meets the requirements of
specific MSWLF or HWM facility standards.
The Board has expedited consideration of these amendments at this first opportunity that
resources have allowed. This is in response to PC 1, which the Board has read as a request for
expedited consideration. An earlier commencement was precluded until now by the burden of
completing the massive prior HWM amendments in RCRA Subtitle C Update, USEPA
Amendments (March 5, 2005, September 8, 2005, January 1, 2006 through June 30, 2006), R07-
5, RCRA Subtitle C Update (July 1, 2006 through December 31, 2006), R07-14 (June 5, 2008)
(consol.) and the need to assemble a significant proposal for public comment in the wastewater
pretreatment/primary drinking water regulations update in Wastewater Pretreatment Update,
USEPA Amendments (January 1, 2007 though June 30, 2007), R08-5, SDWA Update, USEPA
Amendments (January 1, 2007 though June 30, 2007 and June 3, 2008), R08-7, SDWA Update,
USEPA Amendments (July 1, 2007 though December 31, 2007), R08-13 (Aug. 7, 2008)
(consol.) (proposal for public comment).
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 June 4, 2008
Federal Register
notice.
The Board incorporated the federal June 4, 2008 exemption from the F019 hazardous
waste listing without substantive deviation from the corresponding federal text. The deviations
that the Board did undertake from the text of the federal amendments are limited. The deviations
include those changes needed to fit the federal requirements into the context of the Illinois
2
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 (Nov. 16, 2006) (consol.), opinion at p. 111, order at p. 542 (corrected without specific
mention).
12
regulatory scheme, to enhance clarity, and for ease of use by the regulated community. They
include structural and stylistic changes needed to make the text comport with the
Illinois
Register
format and the Board’s preferred style. Table 2, which begins on page 24 of this
opinion, itemizes the various revisions made in the federal text in adapting it into the State
regulations.
But, to incorporate the new federal exclusion from the F019 hazardous waste listing has
required the Board to translate the federal limitations on the exclusion into language based on
Illinois regulations and the Illinois regulatory scheme. The Board has found it necessary to
depart from the language of the federal regulations in only two significant ways. The first
deviation is in selection of citations to Illinois regulations and language that correspond with the
citations to federal provisions made by USEPA. The second deviation relates to alteration of the
structure of the exclusion to enhance its clarity.
The USEPA exclusion of the subject F019 wastes imposes limitations on the disposal of
the waste excluded from the F019 hazardous waste listing, allowing them to be disposed of in a
landfill if the landfill fulfills specified requirements:
Wastewater treatment sludges from the manufacturing of motor vehicles using a
zinc phosphating process will not be subject to this listing at the point of
generation if the wastes are not placed outside on the land prior to shipment to a
landfill for disposal and are either: disposed in a Subtitle D municipal or
industrial landfill unit that is equipped with a single clay liner and is permitted,
licensed or otherwise authorized by the state; or disposed in a landfill unit subject
to, or otherwise meeting, the landfill requirements in § 258.40, § 264.301 or
§ 265.301. 40 C.F.R. 261.31(a) (F019 listing) (2006), as amended at 73 Fed. Reg.
31756, 31768 (June 4, 2008).
This sets forth two options for landfill disposal of the waste: (1) “Subtitle D municipal or
industrial landfill unit[s]” that are “equipped with a single clay liner and is permitted, licensed or
otherwise authorized by the state”; and (2) “landfill unit[s] subject to, or otherwise meeting, the
landfill requirements in § 258.40, § 264.301 or § 265.301.” Each of the two options includes
various types of landfills.
Examination of the
Federal Register
discussion of the types of disposal sites acceptable
for the excluded waste indicates that USEPA intended three things in its choice of language: (1)
that any landfill receiving this waste have a liner; (2) that there are two options for landfill
disposal; and (3) that the two options are distinguished based on the thickness and type of liner
that the landfill facilities in each group has:
The proposed exemption was conditioned on the disposal of the waste in a
landfill meeting certain liner design requirements. The proposal presented two
options for the landfill liner design. Under option one, the landfill unit would
have a liner system that meets, or is subject to, the design requirements for an
MSWLF (§ 258.40) or a Subtitle C waste landfill (§§ 264.301 and 265.301).
Option two would also allow the generator the option of disposing the waste in a
13
state permitted/authorized Subtitle D landfill (municipal or industrial) that is
equipped with a single clay liner. * * *
* * * * *
[USEPA] has decided to adopt the second landfill liner option in the final
rule. That is, the regulations will specify that the waste is exempt, provided the
wastes are either disposed in a permitted Subtitle D (municipal or industrial)
landfill unit that is equipped with at least a single clay liner, or in a unit that is
subject to, or otherwise meets, the liner requirements for MSWLFs (§ 258.40) or
hazardous waste landfills (§ 264.301 or § 265.301). * * *
* * * * *
The final rule will require the generator to document that the wastewater
treatment sludge went to a permitted landfill that was equipped with at least a
single clay liner. As discussed in the proposed rule, the generators may obtain
information on the landfill units in question from the state permitting authorities
(or the receiving landfill, if the facility has adequate documents, such as a permit
to operate). It is the responsibility of the generator to document the adequacy of
the receiving landfill’s design and to keep records that demonstrate that the
landfill condition for disposal was met. 73 Fed. Reg. at 31760.
This discussion also makes it clear that USEPA inverted the presentation of the two options in
the rule from how USEPA considered them. The first option considered acceptable by USEPA
is that of a RCRA Subtitle C hazardous waste landfill or a permitted RCRA Subtitle D MSWLF
facility. The second option is that of a Subtitle D landfill that has a clay liner. The Board will
review each option separately to determine exactly what types of landfills USEPA intended.
The first option relates to the two bodies of regulations that have the most stringent
landfill liner requirements: the RCRA Subtitle C hazardous waste regulations and RCRA
Subtitle D MSWLF regulations. A facility that is “subject to” either body of regulations is
required to have a composite liner consisting of a bottom layer of compacted soil and an upper
layer of durable, impermeable engineered material, such as plastic sheeting.
3
Further, a facility
that is “subject to” these regulations is required to have a permit,
see
40 C.F.R. 256.21(c); 270.1
(2007), which would satisfy the documentation of the liner design that USEPA desires. Thus,
disposal in a facility that is “subject to” these requirements clearly fulfills USEPA’s intent.
3
The MSWLF facility standards require a composite liner with a bottom layer of compacted soil
two feet thick that has a hydraulic conductivity less than 1 × 10
-7
cm/sec. 40 C.F.R. 258.40(b).
The RCRA Subtitle C hazardous waste facility standards require a composite liner with a bottom
layer of compacted soil three feet thick that has a hydraulic conductivity less than 1 × 10
-7
cm/sec. 40 C.F.R. 264.301(c)(1)(i)(B) and 265.301(a) (2007). USEPA may approve alternative
liner designs, so long as they perform at least to the level of the standard required liner.
See
40
C.F.R. 258.40(e) and 264.301(d), (e), and (f) (2007).
14
A question arises, however, as to what facilities USEPA intended as “otherwise meeting”
the RCRA Subtitle C hazardous waste or RCRA Subtitle D MSWLF requirements. The Board
does not believe that USEPA intended to include a landfill facility that does not document its
liner system in records submitted to the State for review and approval. Instead, the Board
believes that USEPA intended a facility that is subject to a body of state regulations that is the
counterpart of the RCRA Subtitle C hazardous waste or RCRA Subtitle D MSWLF regulations.
Such a facility would have a permit issued by the state, and its liner would fulfill the minimum
federal standards of 40 C.F.R. 258.40, 264.301, or 265.301.
See
42 U.S.C. §§ 6926(a), 6929,
6943(a), 6947 (2007).
The second landfill option provided by USEPA allows disposal in a “Subtitle D
municipal or industrial landfill unit that is equipped with a single clay liner and is permitted,
licensed or otherwise authorized by the state.” This second option does not directly identify
specific regulations. The segment of text that reads, “Subtitle D municipal or industrial landfill
unit,” could be read as including landfills regulated under the MSWLF regulations of 40 C.F.R.
258.
4
That would be redundant of the first landfill option, which already includes landfills
subject to the requirements of 40 C.F.R. 258.40.
5
The Board believes that USEPA intended
Subtitle D landfill units that were not included in the first disposal option. A Subtitle D landfill
facility that does not receive municipal solid waste is not a MSWLF. Such a facility is regulated
under the requirements of 40 C.F.R. 257.
6
The Board believes that the second disposal option is
aimed at facilities regulated under 40 C.F.R. 257.
The Board also believes that USEPA did not intend to exclude any Subtitle D non-
MSWLF landfill facilities by this clause, since any landfill that is not a MSWLF receiving
4
A landfill unit that receives “household waste” is defined under the regulations as a MSWLF
unit. A MSWLF unit may also receive commercial solid waste, industrial solid waste, and other
non-hazardous solid waste. A MSWLF unit is regulated under 40 C.F.R. 258.
See
40 C.F.R.
258.2 (definition of “municipal solid waste landfill”), 258.10(c)(2), and 258.20 (2007).
5
It would be possible that USEPA intended to include an existing MSWLF in this second
option, but the Board does not believe so. The composite liner requirements apply to a “new
MSWLF,” 40 C.F.R. 258.40(a) (2007);
see
40 C.F.R. 258.2 (definition of “new MSWLF”)
(2007), but all landfill facilities were required to either comply with the part 258 design
standards or close before one of various dates now long past.
See
40 C.F.R. 258.1(c) through
(e). Thus, even an existing MSWLF unit would now comply with the part 258 design standards.
It is possible that clause this would include very small MSWLF units that are exempt from the
design requirements of 40 C.F.R. 258,
see
40 C.F.R. 258.1(f) (2007), but the Board is not aware
that any such facility now operates in Illinois.
6
Units regulated under 40 C.F.R. 257 are those that receive commercial solid waste, industrial
solid waste, conditionally exempt small quantity generator waste, construction and demolition
debris, sludge, sewage sludge, and residential lead-based paint waste and which are not excluded
from coverage because they are subject to various other federal laws.
See
40 C.F.R. 257.1 and
257.2 (2007).
15
industrial waste is defined as an industrial solid waste landfill, even if it receives other types of
waste.
See
40 C.F.R. 258.2 (definitions of “construction and demolition landfill” and “municipal
solid waste landfill”) and 258.2 (definitions of “commercial solid waste,” “construction and
demolition landfill,” “industrial solid waste,” and “municipal solid waste landfill”) (2007). The
landfill facilities intended by USEPA by the words “Subtitle D municipal or industrial landfill”
would include all landfills regulated under RCRA Subtitle D,
7
but not those subject to the design
standard of 40 C.F.R. 258.40, which are already included in the first option.
The qualification that the landfill must have a permit or other authorization issued by the
state is subsumed by the RCRA Subtitle D requirements. The RCRA Subtitle D regulations
require that a state program must include a permit program adequate to ensure that no new open
dumps come into existence. 40 C.F.R. 256.21(c) (2007);
see
40 C.F.R. 256.22(d)
(recommendations for state programs). Thus, substitution of the words “Subtitle D municipal or
industrial landfill unit that . . . is permitted, licensed or otherwise authorized by the state” would
mean the same as “any other landfill that is regulated under Subtitle D.” Since any landfill that
can accept the waste excluded from the F019 hazardous waste listing is regulated under RCRA
Subtitle D, it may still be possible to shorten this to “any landfill that receives the excluded
waste.”
The point of this second disposal option is to assure that any landfill which receives the
waste has at least a single clay liner. The references to Subtitle D and a permit, license, or other
authorization by the state are intended to assure that there is adequate documentation of the
existence of the needed liner. Even though the Subtitle D requirements of 40 C.F.R. 257 would
not require a single clay liner, the landfill design would have to provide against contamination of
groundwater.
See
40 C.F.R. 257.3-4 (2007). The permit or state authorization procedure would
assure the development of documentation of the liner if such is designed into the landfill.
See
40
C.F.R. 256.21(a) and (c) (2007);
see also
40 C.F.R. 256.63 (2007) (requiring public hearings on
permits). Thus, under this second disposal option, USEPA intended to allow disposal of the
7
The principal function of the RCRA Subtitle D regulations is to prohibit open dumping and to
distinguish a “sanitary landfill” from a prohibited open dump.
See
42 U.S.C. § 6944(a) (2007);
40 C.F.R. 257.1(a) and 257.2 (definitions of “open dump” and “sanitary landfill”) (2007). The
RCRA Subtitle D regulations have acquired the second function of prescribing minimum federal
standards for MSWLF facilities.
See
42 U.S.C. § 6949a(c)(1) (2007); 40 C.F.R. 258.1 (2007).
The important aspect is that the landfill is one subject to RCRA Subtitle D regulation, not that
that it received either municipal solid waste or industrial solid waste. Further, if the facility did
not previously receive municipal or industrial solid waste, the waste excluded from the F019
hazardous waste listing is industrial solid waste.
The wastes and land disposal practices excluded from Subtitle D requirements are those subject
to the MSWLF standards, those subject to the RCRA Subtitle C hazardous waste regulations,
and those managed under other laws, such as the Clean Water Act (33 U.S.C. §§ 1251
et seq.
(2007)) the Safe Drinking Water Act (42 U.S.C. §§ 300f
et seq.
(2007)), or the Atomic Energy
Act of 1954 (42 U.S.C. § 2011 (2007)).
See
40 C.F.R. 257.1 (2007).
16
excluded waste in a regulated landfill that has a single clay liner and which has obtained formal
state authorization that assures adequate documentation of the landfill design and the liner.
In combination, then, the limitations on disposal of F019-excluded waste would actually
embrace three disposal options. The first option set forth by USEPA would divide into two
options: (1) disposal in a RCRA Subtitle C hazardous waste landfill; or (2) disposal in a RCRA
Subtitle D MSWLF. The three types of facilities that could receive the excluded waste are the
following:
1.
RCRA Subtitle C hazardous waste landfill facilities that have a permit issued by
USEPA or a state (and which have a composite liner as required by the
regulations);
2.
RCRA Subtitle D MSWLF facilities that have a permit issued by a state (and
which have a composite liner as required by the regulations); and
3.
Subtitle D, non-MSWLF landfill facilities that have a permit or have submitted
written documentation to the state for review and authorization that document the
facilities’ liner designs (demonstrating that the landfill has, at a minimum, a
single clay liner).
What remains is to translate these federal requirements into terms that have meaning in
the context of the Illinois regulations. The Illinois hazardous waste rules are structured to
closely follow their federal counterparts. The Illinois RCRA Subtitle C hazardous waste landfill
standards are codified as 35 Ill. Adm. Code 724 and 725. The segments that correspond with the
provisions cited in the exclusion by USEPA, 40 C.F.R. 264.301 and 265.301, are 35 Ill. Adm.
Code 724.401 and 725.401.
The structure of the Illinois landfill regulations, however, is different from that of the
federal regulations. The MSWLF requirements are a segment of the general landfill
requirements. All landfills that are not subject to the RCRA Subtitle C hazardous waste
standards are subject to the general landfill standards of 35 Ill. Adm. Code 811,
8
with very few
exceptions.
9
See
35 Ill. Adm. Code 811.101 (2006). The Illinois RCRA Subtitle D MSWLF
8
Many existing landfills are regulated under 35 Ill. Adm. Code 814, but Section 814.302(a)(4)
subjects those landfills accepting putrescible or chemical waste to the liner and leachate
collection requirements of Subpart C of 35 Ill. Adm. Code 811. For this reason, the Board refers
to the Subpart C requirements in the language added to the exclusion from the F019 waste
listing.
9
Exceptions would be subject to other, specialized landfill requirements, such as 35 Ill. Adm.
Code 816, which applies to monofills that receive only flue gas desulfurization waste and coal
combustion waste from a coal combustion power generating facility, and 35 Ill. Adm. Code 817,
which apply to monofills that receive only waste from the iron and steelmaking and iron and
steel foundry industries.
See
35 Ill. Adm. Code 816.101 and 817.101 (2006). Another set of
specialized regulations applies to clean construction or demolition fills.
See
35 Ill. Adm. Code
17
rules are integrated into the general landfill regulations in 35 Ill. Adm. Code 810 and 811. The
segments of the Illinois rules that correspond with the provision cited in the exclusion by
USEPA, 40 C.F.R. 258.40, are segments of Subpart C of 35 Ill. Adm. Code 811. The same
segments of the Illinois landfill rules apply to any non-MSWLF landfill that could accept the
excluded waste.
10
All Illinois landfills are reviewed and approved by the Agency before accepting waste.
They are all “permitted, licensed or otherwise authorized by the state.” 40 C.F.R. 261.31(a)
(F019 listing) (2006), as amended at 73 Fed. Reg. 31756, 31768 (June 4, 2008). In Illinois,
permits are required for all RCRA Subtitle C hazardous waste, RCRA Subtitle D MSWLF, and
most other landfill facilities.
See
415 ILCS 5/21(d) (2006). The only type of landfill in Illinois
that does not require a permit is one on the site where the waste was generated in which the
person who generates the waste disposes of its own waste.
See
415 ILCS 5/21(d)(1) (2006).
The unpermitted owner and operator of an on-site landfill must comply with the liner
requirement of Subpart C of 35 Ill. Adm. Code 811 (
see
35 Ill. Adm. Code 812.306), and it must
submit its landfill liner design to the Agency for review prior to commencing waste disposal.
See
35 Ill. Adm. Code 812.203. The Board believes that these limitations on on-site disposal
would satisfy USEPA’s requirement that the State review and otherwise authorize the liner
design.
11
Thus, within Illinois, three types of landfills would fulfill the federal requirements: (1) a
RCRA Subtitle C hazardous waste landfill; (2) a RCRA Subtitle D MSWLF; or (3) a putrescible
or chemical waste landfill that is subject to the requirements of Subpart C of 35 Ill. Adm. Code
811. All of these facilities are subject to liner requirements that exceed the federal Subtitle D
standards and which meet or exceed those applicable to a RCRA Subtitle C hazardous waste
landfill,
12
and all are subject to permit requirements, or prior Agency review, in those limited
1100.101 (2006).
10
The Part 811 requirements apply to both MSWLF facilities and non-MSWLF landfill
facilities, but exclude hazardous waste facilities. 35 Ill. Adm. Code 811.101 (2006). The Part
811 rules include requirements for inert waste landfills (Subpart B of 35 Ill. Adm. Code 811) and
chemical and putrescible waste landfills (Subpart C of 35 Ill. Adm. Code 811). The excluded
waste would not fulfill the definition of “inert waste,”
see
35 Ill. Adm. Code 810.103 (207), so
the Subpart B standards would not apply. There are two types of specialized, industry-specific
monofill facilities that are excluded from regulation under Part 811, but neither type of facility
could receive the excluded waste from the automobile manufacturing industry.
See
35 Ill. Adm.
Code 811.101(a), 816.101(a) (flue gas desulfurization sludges and coal combustion wastes
produced by coal combustion power generating facilities), and 817.101(a) and (b) (steel and
foundry industry wastes) (2006).
11
It is the Board’s understanding that the owners and operators of many on-site landfills
voluntarily seek a permit before they commence operations, in order to ensure compliance with
the regulations and environmentally sound design and operation of the landfill, and to minimize
the potential for future liability.
12
The Illinois putrescible and chemical waste landfill standards of Subpart C require a five-foot
18
instances where a permit is not required. There is no need to recite the single clay liner and
permit or state authorization requirements with regard to Illinois landfills. The Board will
incorporate language into the exclusion from the F019 hazardous waste listing to include these
three types of Illinois landfills. The Board believes that the liner and permit requirements
imposed on all Illinois landfills are more stringent than those required by USEPA under the F019
waste exclusion and 40 C.F.R. 257.
There is an issue with regard to disposal of the excluded waste outside of Illinois. If the
landfill that accepts the waste does not comply with the conditions of the exclusion, the waste
remains F019 waste. The disposal destination is a condition precedent to the exclusion from the
waste listing. Were the Board to require compliance with Illinois disposal facility standards, it
would limit the generator’s ability to export the waste for disposal. The Board does not wish to
unnecessarily limit the generator’s disposal options. To provide for compliant disposal of the
excluded waste, the Board has essentially repeated the language added to the F019 listing by
USEPA as the requirements for out-of-State disposal.
This leads to the second change in the USEPA language made by the Board. Aside from
dividing the landfill requirements into two segments, one relating to an Illinois landfill and the
other relating to a landfill located outside Illinois, the Board has felt it necessary to subdivide the
single paragraph used by USEPA into several paragraphs, each relating to a single aspect of the
listing and the exclusion. The first division is between the language listing F019 waste and
excluding sludges from zirconium phosphating in aluminum can washing
13
from that excluding
the wastewater treatment sludges from motor vehicle manufacturing. The second division is
between the language that recites the exclusion and its conditions and the references to the
locations of definition of “motor vehicle manufacturing” and the recordkeeping requirements
applicable to the exclusion. The third division is in the recitation of the exclusion and its
conditions, and it is between the requirements imposed on a landfill within Illinois and a landfill
located outside Illinois. Fourth, the Board subdivided between the types of landfills that may
accept the excluded waste within Illinois and those that may do so outside of Illinois. Finally,
the Board has indented the paragraphs in a way that rapidly distinguishes coordinate and
subordinate segments.
The Board believes that the changes in language and structure applied to the language
used by USEPA in the exclusion from the F019 waste listing enhance the clarity of the
compacted earth liner or a three-foot compacted earth under layer for a composite liner.
See
35
Ill. Adm. Code 811.306(d) (2006). The federal MSWLF regulations require a composite liner
with a two-foot compacted earth under layer for a composite liner.
See
40 C.F.R. 258.40(d)
(2007). The federal RCRA Subtitle C hazardous waste landfill standard require a composite
liner that has a three-foot compacted earth under layer.
See
40 C.F.R. 264.301(c); 265.301(a)
(2006).
13
The Board did not separate the exclusion of sludges from zirconium phosphating in aluminum
can washing, adopted by USEPA in 1990 (55 Fed. Reg. 5340 (Feb. 14, 1990)), because that
exclusion is drafted into the same sentence as the basic F019 waste listing, it is short, and it does
not include conditions, unlike the exclusion of sludges from motor vehicle manufacturing.
19
provision. For the foregoing reasons, the Board has altered the F019 waste listing to read as
follows (with omissions from the USEPA language indicated by overstriking and additions
indicated by underlining):
Wastewater treatment sludges from the chemical conversion coating of aluminum
except from zirconium phosphating in aluminum can washing when such
phosphating is an exclusive conversion coating process.
Wastewater treatment sludges sludge from the manufacturing of motor vehicles
using a zinc phosphating process will not be subject to this listing at the point of
generation if the wastes are waste is not placed outside on the land prior to
shipment to a landfill for disposal and are either it is disposed of in a regulated
landfill that fulfills either of the following conditions:
If it is located in Illinois, it is one of the following types of landfills:
It is a landfill that is a hazardous waste management unit, as defined in 35 Ill.
Adm. Code 720.110;
It is a municipal solid waste landfill, as defined in 35 Ill. Adm. Code
810.103; or
It is a putrescible or chemical waste landfill that is subject to the
requirements of Subpart C of 35 Ill. Adm. Code 811.
If it is located outside Illinois, it is one of the following types of landfills:
disposed in It is a RCRA Subtitle D municipal solid waste or industrial
solid waste landfill unit that is equipped with a single clay liner and which
is permitted, licensed or otherwise authorized by the state; or
disposed in
It is a landfill unit that is subject to, or which otherwise
meeting,
meets the landfill requirements in § 40 C.F.R. 258.40, § 264.301
or §
265.301.
For the purposes of this hazardous waste listing, “motor vehicle manufacturing” is
defined in § 261.31(b)(4)(i)
subsection (b)(4)(A) of this Section, and §
261.31(b)(4)(ii) subsection (b)(4)(B) of this Section describes the recordkeeping
requirements for motor vehicle manufacturing facilities.
The Board requests public comment on the incorporation of the June 4, 2008 exclusion of
wastewater treatment sludges from motor vehicle manufacturing from the F019 hazardous waste
listing. In particular, the Board requests comment on the changes in the language and structure
discussed above, made to translate the exclusion into terms of Illinois regulations and clarify the
exclusion. The Board specifically requests comment on the following three questions posed by
the exclusion: (1) Does the language selected by the Board adequately embrace all the types of
20
landfills within Illinois that might receive the excluded waste? (2) Is it necessary to include
language that would impose the minimum federal requirements on a landfill outside of Illinois
that might receive the waste? (3) Does the organization of the language of the F019 clearly and
accurately state the scope of the waste listing and the exclusion from the listing?
Agency or Board Action
Section 7.2(a)(5) of the Act requires the Board to specify those portions of the program
over which USEPA will retain decision making authority. Based on the general division of
functions within the Act and other Illinois statutes, the Board is also to specify which State
agency is to make decisions.
In situations in which the Board has determined that USEPA will retain decision-making
authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid
specifying which office within USEPA is to make a decision.
In some identical-in-substance rules, certain decisions pertaining to a permit application
are not appropriate for the Agency to consider. In determining the general division of authority
between the Agency and the Board, the following factors should be considered:
1.
Whether the entity making the decision is applying a Board regulation, or taking
action contrary to,
i.e.
, “waiving,” a Board regulation. It generally takes some
form of Board action to “waive” a Board regulation.
2.
Whether there is a clear standard for action such that the Board can give
meaningful review to an Agency decision.
3.
Whether the action would result in exemption from the permit requirement itself.
If so, Board action is generally required.
4.
Whether the decision amounts to “determining, defining or implementing
environmental control standards” within the meaning of Section 5(b) of the Act.
If so, it must be made by the Board.
There are four common classes of Board decisions: variance, adjusted standard, site-
specific rulemaking, and enforcement. The first three are methods by which a regulation can be
temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or
site-specific rulemaking). There often are differences in the nomenclature for these decisions
between the USEPA and Board regulations.
Table 1:
Listing of Updated
Code of Federal Regulations
Provisions
As discussed above on page 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
21
indicates the latest edition available and lists the
Federal Register
citations to subsequent
updates to that latest edition.
14
Nuclear Regulatory Commission Regulations (C.F.R. updated January 1, 2008)
Federal Provision
Amendments Since Most Recent C.F.R.
Edition
Appendix G to 10 C.F.R. 20
May 28, 2008 (73 Fed. Reg. 30456)
10 C.F.R. 71
May 28, 2008 (73 Fed. Reg. 30456)
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
September 7, 2007 (72 Fed. Reg. 51365)
September 7, 2007 (72 Fed. Reg. 51494)
September 28, 2007 (72 Fed. Reg. 55278)
October 19, 2007 (72 Fed. Reg. 59190)
November 5, 2007 (72 Fed. Reg. 62414)
November 16, 2007 (72 Fed. Reg. 64860)
January 18, 2008 (73 Fed. Reg. 3568)
April 3, 2008 (73 Fed. Reg. 18162)
May 6, 2008 (73 Fed. Reg. 24870)
May 22, 2008 (73 Fed. Reg. 29691)
May 27, 2008 (73 Fed. Reg. 30308)
June 2, 2008 (73 Fed. Reg. 31368)
June 2, 2008 (73 Fed. Reg. 31372)
June 24, 2008 (73 Fed. Reg. 35838)
40 C.F.R. 60, subpart VV
(§§ 60.480-60.489)
November 16, 2007 (72 Fed. Reg. 64860)
40 C.F.R. 60, appendix A
September 7, 2007 (72 Fed. Reg. 51365)
September 7, 2007 (72 Fed. Reg. 51494)
September 28, 2007 (72 Fed. Reg. 55278)
May 22, 2008 (73 Fed. Reg. 29691)
40 C.F.R. 61
April 3, 2008 (73 Fed. Reg. 18162)
May 6, 2008 (73 Fed. Reg. 24870)
14
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.
22
Federal Provision
Amendments Since Most Recent C.F.R.
Edition
40 C.F.R. 63
July 3, 2007 72 Fed. Reg. 36363)
July 16, 2007 (72 Fed. Reg. 38864)
October 29, 2007 (72 Fed. Reg. 61060)
December 26, 2007 (72 Fed. Reg. 73180)
December 28, 2007 (72 Fed. Reg. 73611)
December 28, 2007 (72 Fed. Reg. 74088)
January 2, 2008 (73 Fed. Reg. 226)
January 9, 2008 (73 Fed. Reg. 1738)
January 10, 2008 (73 Fed. Reg. 1916)
January 18, 2008 (73 Fed. Reg. 3568)
February 7, 2008 (73 Fed. Reg. 7210)
March 7, 2008 (73 Fed. Reg. 12276)
April 1, 2008 (73 Fed. Reg. 17252)
April 3, 2008 (73 Fed. Reg. 18169)
April 8, 2008 (73 Fed. Reg. 18970)
April 23, 2008 (73 Fed. Reg. 21825)
May 6, 2008 (73 Fed. Reg. 24870)
Subpart EEE of 40 C.F.R. 63
(§§ 63.1200-63.1214)
April 8, 2008 (73 Fed. Reg. 18970)
40 C.F.R. 761
September 18, 2007, 72 Fed. Reg. 53152
October 9, 2007, 72 Fed. Reg. 57235
40 C.F.R. 761.60
October 9, 2007, 72 Fed. Reg. 57235
40 C.F.R. 761.65
October 9, 2007, 72 Fed. Reg. 57235
40 C.F.R. 761.70
October 9, 2007, 72 Fed. Reg. 57235
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
(§§ 107.101-107.127)
October 1, 2007, 72 Fed. Reg. 55678
49 C.F.R. 171
October 1, 2007, 72 Fed. Reg. 55678
January 28, 2008, 73 Fed. Reg. 4699
April 30, 2008, 73 Fed. Reg. 23362
49 C.F.R. 171.8
October 1, 2007, 72 Fed. Reg. 55678
January 28, 2007, 73 Fed. Reg. 4699
April 30, 2008, 73 Fed. Reg. 23362
49 C.F.R. 171.15
October 1, 2007, 72 Fed. Reg. 55678
49 C.F.R. 172
October 1, 2007, 72 Fed. Reg. 55678
October 18, 2007, 72 Fed. Reg. 59146
January 7, 2008, 73 Fed. Reg. 1089
January 28, 2008, 73 Fed. Reg. 4699
April 16, 2008, 73 Fed. Reg. 20752
23
Federal Provision
Amendments Since Most Recent C.F.R.
Edition
49 C.F.R. 172.304
October 1, 2007, 72 Fed. Reg. 55678
Subpart F of 49 C.F.R. 172
(§§ 172.500-172.560)
October 1, 2007, 72 Fed. Reg. 55678
49 C.F.R. 173
October 1, 2007, 72 Fed. Reg. 55678
January 28, 2008, 73 Fed. Reg. 4699
April 30, 2008, 73 Fed. Reg. 23362
49 C.F.R. 173.12
January 28, 2008, 73 Fed. Reg. 4699
49 C.F.R. 174
October 1, 2007, 72 Fed. Reg. 55678
April 16, 2008, 73 Fed. Reg. 20752
49 C.F.R. 175
October 1, 2007, 72 Fed. Reg. 55678
January 28, 2007, 73 Fed. Reg. 4699
April 30, 2008, 73 Fed. Reg. 23362
49 C.F.R. 176
October 1, 2007, 72 Fed. Reg. 55678
January 28, 2008, 73 Fed. Reg. 4699
49 C.F.R. 177
January 28, 2008, 73 Fed. Reg. 4699
49 C.F.R. 178
October 1, 2007, 72 Fed. Reg. 55678
October 18, 2007, 72 Fed. Reg. 59146
49 C.F.R. 179
October 1, 2007, 72 Fed. Reg. 55678
49 C.F.R. 180
October 1, 2007, 72 Fed. Reg. 55678
January 28, 2008, 73 Fed. Reg. 4699
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
federal amendments. Table 2 (beginning immediately below) includes deviations made in this
proposal for public comment from the verbatim text of the federal amendments. Table 3
(beginning immediately after Table 2 on page 26) contains corrections and clarifications that the
Board made in the base text involved in this proposal. The amendments listed in Table 3 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 2
Deviations from the Text of the Federal Amendments
Illinois Section
40 C.F.R. Section
Revision(s)
721.110
“gasification”
261.10 “gasification” Changed “Gasification. For the purposes . . .
40 CFR 261.4(a)(12)(i), gasification is a
process” to “‘Gasification’ means, for the
purposes . . . 35 Ill. Adm. Code
721.104(a)(12)(A), a process”; removed the
commas before and after “conducted in an
24
Illinois Section
40 C.F.R. Section
Revision(s)
enclosed device or system”; added “that is”
before “designed and operated” for a
restrictive relative clause; added commas
before and after “utilizing thermal . . . gas
cleaning” for a parenthetical that defines
“controlled steps”
720.111(b)
Subpart EEE of part
63 (63.1209, 63.1210,
63.1212, 63.1215,
63,1217, and
63.1220)
Added “as amended at 73 Fed. Reg. 18970
(Apr. 8, 2008)” to incorporate the April 8,
2008 amendments by reference
721.104(a)(12)(A)
261.4(a)(12)(i)
Added a comma after “gasification (as
defined . . . 720.110)” to offset the final
element of a series
721.131(a) table,
“F019”
261.31(a) table,
“F019”
Added the exception as nine separate
paragraphs, indented as necessary to
accentuate the subordinate and coordinate
nature of each; changed “sludges . . . wastes
are” to singular “sludge . . . waste is”;
changed “are either: disposed in” to “it is
disposed of in a regulated landfill that fulfills
either of the following conditions:”; added “it
is located in Illinois, and it is one of the
following types of landfills:”; added “it is a
landfill that is a hazardous waste management
unit . . . 720.110;”; added “it is a municipal
solid waste landfill . . . 810.103; or”; added
“is it a putrescible or chemical waste landfill
. . . 811.”; added “it is located outside Illinois,
and it is one of the following types of
landfills:”; divided the conditional language
indicating USEPA’s two disposal options into
two coordinate paragraphs; changed “subtitle
D municipal or industrial landfill” to “it is a
RCRA Subtitle D municipal solid waste
landfill or industrial solid waste landfill”;
changed “and is” to “and which is”; added “it
is” before “a landfill”; changed “unit subject
to, or otherwise meeting” to “unit that is
subject to or which otherwise meets”;
changed “§ 258.40, § 264.301, or § 265.301”
to “40 C.F.R. 258.40, 264.301, or 265.301”;
added “hazardous waste” before “listing”;
added quotation marks to the defined term
“motor vehicle manufacturing”
25
Illinois Section
40 C.F.R. Section
Revision(s)
721.131(a)(4)
261.31(a)(4)
Added “hazardous waste” before “listing”
721.131(a)(4)(A)
261.31(a)(4)(i)
Added quotation marks to the defined term
“motor vehicle manufacturing”; changed
“trucks/utility vehicles” to “trucks or utility
vehicles”; changed “facilities” to singular “a
facility owner or operator”; changed the
ending period to a semicolon; added the
ending conjunction “and”
721.131(a)(4)(B)
261.31(a)(4)(ii)
Changed “generators . . . are” to singular “a
generator . . . is”; changed “sludges . . . meet”
to singular “sludge . . . meets”; added “the
following information” after “include”;
changed “volume” to plural “volumes” to
agree with the second appearance in the
sentence; changed “generators” to singular
“the generator”; changed “course of any
enforcement action” to “pendency of any
enforcement action”; changed “the Regional
Administrator” to “USEPA”; changed “the
state regulatory agency” to “by the Agency in
writing”
726.100(b)(3)(C)
266.100(b)(3)(iii)
Correction to subsection numbering, already
made by the Board, was omitted
Table 3
Board Housekeeping Amendments
Section
Source
Revision(s)
720.111(a), “10 CFR
20.2006”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
720.111(a), “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(a), “appendix
G to 10 CFR 20”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including a
Federal Register
citation for later amendments
720.111(a), “10 CFR
71”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition, including a
Federal Register
citation for later amendments
720.111(a), “10 CFR
71.5”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
720.111(a), “33 CFR
153.203”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition
26
Section
Source
Revision(s)
720.111(a), “40 CFR
61”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “40 CFR
63”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “subpart
EEE of 40 CFR 63”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “40 CFR
761”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “40 CFR
761.60”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “40 CFR
761.65”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “40 CFR
761.70”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “subpart B
of 49 CFR 107”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “49 CFR
171”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
171.8”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
171.15”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “49 CFR
172”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
172.304”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “subpart F
of 49 CFR 172”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
27
Section
Source
Revision(s)
720.111(a), “49 CFR
173”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
173.12”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “49 CFR
174”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
175”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
176”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
177”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “49 CFR
178”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(a), “49 CFR
179”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding a
Federal Register
citation for later amendments
720.111(a), “49 CFR
180”
Board
Updated the citation to the
Code of Federal Regulations
to the most recent edition by adding
Federal Register
citations for later amendments
720.111(c), “section 11
of the Atomic Energy
Act of 1954”
Board
Changed “January 3, 2005” to “January 3, 2006” to
update the citation to the
United States Code
to the most
recent edition
720.111(c), “sections
201(v), 201(w), and
512(j) of the Federal
Food, Drug, and
Cosmetic Act”
Board
Changed “January 3, 2005” to “January 3, 2006” to
update the citation to the
United States Code
to the most
recent edition
720.111(c), “section
1412 of the Department
of Defense
Authorization Act of
1986”
Board
Changed “January 3, 2005” to “January 3, 2006” to
update the citation to the
United States Code
to the most
recent edition
720.122(a)(2)
Board
Changed the double hyphen to an em-dash in “EPA
RCRA Delisting Program—Guidance Manual for the
Petitioner”
28
Section
Source
Revision(s)
720.122(c)(2)
Board
Changed the double hyphen to an em-dash in “EPA
RCRA Delisting Program—Guidance Manual for the
Petitioner”
720.122(e)(2)
Board
Changed the double hyphen to an em-dash in “EPA
RCRA Delisting Program—Guidance Manual for the
Petitioner”
720.122(l) Board note
Board
Changed the double hyphen to an em-dash in “EPA
RCRA Delisting Program—Guidance Manual for the
Petitioner”
721.102(c)
Board
Changed the double hyphens to an em-dashes before
and after “or accumulated, stored, or treated before
recycling”
721.102(c)(3)
Board
Changed the double hyphen to an em-dash in “a
material noted with a ‘—’ in column 3”
721.123(a)(8)
Board
Changed the double hyphen to an em-dash in “Class 1—
Definitions”
721.133(e), alphabetic
listing “P128”
USEPA,
Board
Corrected “P129” to “P128”; changed “315-8-4” to
“315-18-4”
721.133(e), numeric
listing “P128”
USEPA,
Board
Corrected “P129” to “P128”; changed “315-8-4” to
“315-18-4”
721.133(e), numeric
listing “U055”
USEPA
Corrected the spelling “cumeme” to “cumene”
721.133(e), numeric
listing “U227”
USEPA
Removed the duplicate listing that included the
erroneous “725.176”
721.Appendix G, note
Board
Changed the double hyphen to an em-dash in “N.A.—
Waste”
721.Appendix Y
Board
Changed the double hyphen to an em-dash in the third
and fourth columns (200 times)
721.Appendix Z
Board
Changed the double hyphen to an em-dash in the fourth
and fifth columns (four times)
724.103
Board
Changed the double hyphens to an em-dashes before
and after “as defined in . . . 35 Ill. Adm. Code 703”;
changed “35 Ill. Adm. Code 703, Subpart C” to
“Subpart C of 35 Ill. Adm. Code 703, Subpart C”
724.114
Board
Changed the double hyphen to an em-dash in
“Danger—Unauthorized Personnel Keep Out” (twice)
724.154(c)
Board
Changed the double hyphens to an em-dashes before
and after “in its design, . . . or other circumstances”
724.194(a)(3) table
heading
Board
Changed the double hyphen to an em-dash in “Table
1—Maximum Concentration”
724.416(a)
Board
Changed the double hyphen to an em-dash in
“Shippers—General Requirements”
724.982(c)(5)(C)
Board
Changed the double hyphen to an em-dash in
“Procedure T—Criteria for and Verification of” (twice)
29
Section
Source
Revision(s)
724.989(b)(2)(D)(i)
Board
Changed the double hyphen to an em-dash in
“Procedure T—Criteria for and Verification of”
724.989(d)(1)
Board
Changed the double hyphen to an em-dash in
“Procedure T—Criteria for and Verification of”
724.Appendix I
“diallate”
Board
Removed the extra hyphen to correct “S-(2,3-dichloro--
2-propenyl)” to “S-(2,3-dichloro-2-propenyl)”
725.114
Board
Changed the double hyphen to an em-dash in
“Danger—Unauthorized Personnel Keep Out” (twice)
725.154(c)
Board
Changed the double hyphens to an em-dashes before
and after “in its design, . . . or other circumstances”
725.176
Board,
USEPA
Removed the first subsection (a), which should have
been removed in the prior update docket
725.416(a)
Board
Changed the double hyphen to an em-dash in
“Shippers—General Requirements”
725.933(f)(2)(A)
Board
Removed the space to change “± 0.5°” to “±0.5°”
725.933(f)(2)(B)
Board
Removed the space to change “± 0.5°” to “±0.5°”
725.933(f)(2)(D)
Board
Removed the space to change “± 0.5°” to “±0.5°”
728.102 “land disposal
restriction”
USEPA,
Board
Corrected “40 CFR 738” to “35 Ill. Adm. Code 738”
HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION
EDITORIAL CONVENTIONS
It has previously been the practice of the Board to include an historical discussion in its
RCRA Subtitle C and UIC identical-in-substance rulemaking proposals. However, in the last
RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1, 1999
through December 31, 1999), R00-13 (May 18, 2000), the Board indicated that it would cease
this practice. Therefore, for a complete historical summary of the Board’s RCRA Subtitle C and
UIC rulemakings and programs, interested persons should refer back to the May 18, 2000
opinion and order in R00-13.
The historical summary contains all Board actions taken to adopt and maintain these
programs since their inception and until May 18, 2000. It includes a listing of all site-specific
rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists
all USEPA program authorizations issued during that timeframe. As necessary the Board will
continue to update the historical summary as a segment of the opinion in each RCRA Subtitle C
and UIC update docket, but those opinions will not repeat the information contained in the
opinion of May 18, 2000, in docket R00-13.
The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste
and UIC programs since May 18, 2000:
30
History of RCRA Subtitle C and State Hazardous Waste Rules Adoption
The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the
following docket since May 18, 2000:
R00-13
RCRA Subtitle C Update, USEPA Regulations (July 1, 1999 through
December 31, 1999), R00-13 (May 18, 2000); published at 24 Ill. Reg.
9443 (July 7, 2000), effective June 20, 2000.
R01-3
RCRA Subtitle C Update, USEPA Regulations (January 1, 2000 through
June 30, 2000), R01-3 (Dec. 7, 2000); published at 25 Ill. Reg. 1266
(Jan. 26, 2001), effective January 11, 2001.
R01-23
RCRA Subtitle C Update, USEPA Regulations (July 1, 2000 through
December 31, 2000), R01-23 (May 17, 2001); published at 25 Ill. Reg.
9108 (July 20, 2001), effective July 9, 2001. (Consolidated with UIC
update docket R01-21.)
R02-1
RCRA Subtitle C Update, USEPA Regulations (January 1, 2001 through
June 30, 2001), R02-1 (Apr. 18, 2002); published at 26 Ill. Reg. 6667
(May 3, 2002), effective April 22, 2002. (Consolidated with RCRA
Subtitle C Update docket R02-12 and UIC Update docket R02-17.)
R02-12
RCRA Subtitle C Update, USEPA Regulations (July 1, 2001 through
December 31, 2001), R02-12 (Apr. 18, 2002); published at 26 Ill. Reg.
6667 (May 3, 2002), effective April 22, 2002. (Consolidated with RCRA
Subtitle C Update docket R02-1 and UIC Update docket R02-17.)
R03-7
RCRA Subtitle C Update, USEPA Regulations (January 1, 2002 through
June 30, 2002), R03-7 (Jan. 9, 2003); published at 27 Ill. Reg. 3496,
effective February 14, 2003.
R03-18
RCRA Subtitle C Update, USEPA Regulations (July 1, 2002 through
December 31, 2002), R03-7 (June 5, 2003); published at 27 Ill. Reg.
12683, effective July 17, 2003.
R04-6
RCRA Subtitle C Update, USEPA Regulations (January 1, 2003 through
June 30, 2003), R04-6 (Aug. 7, 2003). (Dismissed because no federal
actions in the period.)
R04-16
RCRA Subtitle C Update, USEPA Regulations (July 1, 2003 through
December 31, 2003), R04-16 (Apr. 1, 2004); published at 28 Ill. Reg.
10693, effective July 19, 2004.
31
R05-2
RCRA Subtitle C Update, USEPA Regulations (January 1, 2004 through
June 30, 2004 and October 25, 2004), R05-2 (Mar. 3, 2005); published at
29 Ill. Reg. 6290, effective April 22, 2005.
R05-13
RCRA Subtitle C Update, USEPA Regulations (July 1, 2004 through
December 31, 2004), R05-13 (Feb. 3, 2005) (Dismissed because no
federal actions in the period.)
R06-7
RCRA Subtitle C Update, USEPA Regulations (July 1, 2005 through
December 31, 2005), R06-7 (Jan. 5, 2006 and Feb. 2, 2006).
(Consolidated with UIC Update docket R06-5 and RCRA Subtitle D
Update docket R06-6.)
R06-18
RCRA Subtitle C Update, USEPA Regulations (July 1, 2005 through
December 31, 2005), R06-18 (Nov. 16, 2006). (Consolidated with UIC
Update docket R06-5 and RCRA Subtitle D Update docket R06-7.)
R07-5
RCRA Subtitle C Update, USEPA Regulations (January 1, 2006 through
June 30, 2006), R07-5, R07-14 (June 5, 2008). (Consolidated with RCRA
Subtitle C Update docket R07-14.)
R07-14
RCRA Subtitle C Update, USEPA Regulations (July 1, 2005 through
December 31, 2005), R07-14 (June 5, 2008). (Consolidated with RCRA
Subtitle C Update docket R07-5.)
R08-3
RCRA Subtitle C Update, USEPA Regulations (January 1, 2007 through
June 30, 2007), R08-3 (Sep. 6, 2007) (Dismissed because no federal
actions in the period.)
R08-16
RCRA Subtitle C Update, USEPA Regulations (July 1, 2007 through
December 31, 2007), R08-16 (May 1, 2008). (Dismissed because no
federal actions in the period.)
R09-3
RCRA Subtitle C Update, USEPA Regulations (January 1, 2008 through
June 30, 2008), R09-3. (This docket.)
The Board has taken other actions since May 18, 2000 relating to administration of the
Illinois hazardous waste program. The Board has received the following petitions for a solid
waste determination:
AS 01-7
In re
Petition of Progressive Environmental Services, Inc. for an Adjusted
Standard under 35 Ill. Adm. Code 720.131(c), AS 02-7 (Jan. 10, 2002)
(granted as to used automotive antifreeze).
32
AS 02-2
In re
Petition of World Recycling, Inc. d/b/a Planet Earth Antifreeze for
an Adjusted Standard under 35 Ill. Adm. Code 720.131, AS 02-2 (May 2,
2002) (granted as to used automotive antifreeze).
AS 06-4
In re
Petition of Big River Zinc Corp. for an Adjusted Standard under 35
Ill. Adm. Code 720.131(c), AS 06-4 (May 2, 2002) (granted as to EAFD
(K061 waste) used in a zinc recycling process).
AS 08-9
In re
Petition of Big River Zinc Corp. for and Adjusted Standard Under 35
Ill. Adm. Code 721.131(c), AS 08-9 (presently pending as to revision of
the solid waste determination made in
In re
Petition of Big River Zinc
Corp. for and Adjusted Standard Under 35 Ill. Adm. Code 721.131(c), AS
99-3 (May 6, 1999) as to zinc oxide raw material containing EAFD (K061
waste)).
The Board has considered petitions since May 18, 2000 for hazardous waste delisting:
AS 05-3
In re
Petition of Waste Management of Illinois, Inc. for RCRA Waste
Delisting Under 35 Ill. Adm. Code 720.122 for Solid Treatment Residual
for CID Recycling and Disposal Facility Biological Liquid Treatment
Center, AS 05-3 (Mar. 17, 2005) (dismissed for lack of proof of timely
publication and for deficiencies in the petition; relating to lime-
conditioned filter cake from the treatment of hazardous and non-hazardous
leachates and wastewaters (F001, F002, F003, F004, F005, F039, U202,
U210, U220, and U228 wastes).
AS 05-7
In re
Petition of Waste Management of Illinois, Inc. for RCRA Waste
Delisting Under 35 Ill. Adm. Code 720.122 for Solid Treatment Residual
for CID Recycling and Disposal Facility Biological Liquid Treatment
Center, AS 05-7 (Dec. 15, 2005) (denied as to lime-conditioned filter cake
from the treatment of hazardous and non-hazardous leachates and
wastewaters (F001, F002, F003, F004, F005, F039, U202, U210, U220,
and U228 wastes).
AS 06-2
In re
Petition of BP Products North America, Inc. for RCRA Waste
Delisting Pursuant to 35 Ill. Adm. Code 720.122, AS 06-2 (Mar. 2, 2006)
(dismissed for lack of proof of timely publication; relating to leachate
from a landfill containing dissolved air floatation float (K048 waste)).
AS 07-1
In re
Petition of BP Products North America, Inc. for RCRA Waste
Delisting Under 35 Ill. Adm. Code 720.122, AS 07-1 (Feb. 15, 2007)
(denied as to leachate from a landfill containing dissolved air floatation
float (K048 waste)).
33
AS 08-5
In re
Petition of BFI Waste Systems of North America, Inc. for Waste
Delisting, AS 08-5 (presently pending as to landfill leachate (F039
waste)).
AS 08-10
In re
RCRA Delisting Petition of Peoria Disposal Company, AS 08-10
(presently pending as to stabilized residue of electric arc furnace dust
(K061 waste)).
The Board has heard petitions since May 18, 2000 for boiler designations for burning off-
specification oil for energy recovery:
AS 06-1
In re
Petition of LaFarge Midwest, Inc. for Boiler Determination Pursuant
to 35 Ill. Adm. Code 720.132 and 720.133, AS 06-1 (Apr. 20, 2006)
(granted as to a slag dryer).
AS 06-3
In re
Petition of LaFarge Midwest, Inc. for Boiler Determination Through
Adjusted Standard Proceedings Pursuant to 35 Ill. Adm. Code 720.132
and 720.133, AS 06-3 (June 1, 2006) (granted as to two raw mill dryers).
The Board has granted relief since May 18, 2000 from a permit requirement applicable to HWM
facility:
AS 00-14
In re
Petition of Heritage Environmental Services, LLC. for an Adjusted
Standard from 35 Ill. Adm. Code 702.126(d)(1), AS 00-14 (June 8, 2000)
(dismissed for lack of proof of timely publication; relating to alternative
permit application certification language).
AS 00-15
In re
Petition of Heritage Environmental Services, LLC. for an Adjusted
Standard from 35 Ill. Adm. Code 702.126(d)(1), AS 00-15 (Feb. 1, 2001)
(alternative permit application certification language).
History of UIC Rules Adoption
The Board has adopted and amended Underground Injection Control (UIC) regulations in
the following dockets since May 18, 2000:
R00-11
UIC Update, USEPA Regulations (July 1, 1999 through December 31,
1999), R00-11 (Dec. 7, 2000); published at 25 Ill. Reg. 18585
(December 22, 2001), effective December 7, 2001. (Consolidated with
docket R01-1.)
R01-1
UIC Update, USEPA Regulations (Jan. 1, 2000 through June 30, 2000)
,
R01-1 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Dec. 22, 2001),
effective December 7, 2001. (Consolidated with docket R00-11.)
34
R01-21
UIC Update, USEPA Regulations (July 1, 2000 through December 31,
2000), R01-21 (May 17, 2001); published at 25 Ill. Reg. 9108 (July 20,
2001), effective July 9, 2001. (Consolidated with UIC update docket R01-
23.)
R02-17
UIC Update, USEPA Regulations (July 1, 2001 through December 31,
2001), R02-17 (Apr. 18, 2002); published at 26 Ill. Reg. 6667 (May 3,
2002), effective April 22, 2002. (Consolidated with RCRA Subtitle C
Update dockets R02-1 and R02-12.)
R03-5
UIC Update, USEPA Regulations (January 1, 2002 through June 30,
2002), R03-5 (Aug. 8, 2002). (Dismissed because no federal actions in
the period.)
R03-16
UIC Update, USEPA Regulations (July 1, 2002 through December 31,
2002), R03-16 (Feb. 6, 2003). (Dismissed because no federal actions in
the period.)
R04-4
UIC Update, USEPA Regulations (January 1, 2003 through June 30,
2003), R04-4 (Aug. 7, 2003). (Dismissed because no federal actions in
the period.)
R04-14
UIC Update, USEPA Regulations (July 1, 2003 through December 31,
2003), R04-14 (Mar. 4, 2004). (Dismissed because no federal actions in
the period.)
R05-7
UIC Update, USEPA Regulations (January 1, 2004 through June 30,
2004), R05-7 (Sept. 16, 2004). (Dismissed because no federal actions in
the period.)
R05-18
UIC Update, USEPA Regulations (July 1, 2004 through December 31,
2004), R05-18 (Feb. 3, 2005). (Dismissed because no federal actions in
the period.)
R06-5
UIC Update, USEPA Regulations (July 1, 2005 through December 31,
2005), R06-5 (Jan. 5, 2006 and Feb. 2, 2006). (Consolidated with RCRA
Subtitle D Update docket R06-6 and RCRA Subtitle C Update docket
R06-7.)
R06-16
UIC Update, USEPA Regulations (July 1, 2005 through December 31,
2005), R06-16 (Nov. 16, 2006). (Consolidated with RCRA Subtitle D
Update docket R06-17 and RCRA Subtitle C Update docket R06-18.)
R07-3
UIC Update, USEPA Regulations (January 1, 2006 through June 30,
2006), R07-3 (Sep. 21, 2006). (Dismissed because no federal actions in
the period.)
35
R07-12
UIC Update, USEPA Regulations (July 1, 2005 through December 31,
2005), R07-12 (Feb. 1, 2007). (Dismissed because no federal actions in
the period.)
R08-1
UIC Update, USEPA Regulations (January 1, 2007 through June 30,
2007), R08-1 (Sep. 6, 2007) (Dismissed because no federal actions in the
period.)
R08-14
UIC Update, USEPA Regulations (July 1, 2007 through December 31,
2007), R08-14 (Mar. 6, 2008). (Dismissed because no federal actions in
the period.)
R09-1
UIC Update, USEPA Regulations (January 1, 2008 through June 30,
2008), R09-1 (Aug. 21, 2008) (Dismissed because no federal actions in
the period.)
The Board has received petitions for a “no migration determination” to allow the
continued underground injection of hazardous waste:
AS 07-6
In re
Petition of Cabot Corporation for Adjusted Standard from 35 Ill.
Adm. Code 738.Subpart B (May 17, 2007), AS 07-5. (presently pending
as to modification of the exemption granted in Petition of Cabot
Corporation for Adjusted Standard from 35 Ill. Adm. Code 738.Subpart B
(Mar. 7, 1996), AS 96-3 to allow continued injection of D002, F003, and
F039 wastes until December 31, 2027).
AS 07-5
In re
Petition of Cabot Corporation for Adjusted Standard from 35 Ill.
Adm. Code 738.Subpart B (May 17, 2007), AS 07-5. (dismissed for lack
of proof of timely publication; relating to modification of the exemption
granted in Petition of Cabot Corporation for Adjusted Standard from 35
Ill. Adm. Code 738.Subpart B (Mar. 7, 1996), AS 96-3 as to injection of
D002, F003, and F039 wastes).
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion on September 4, 2008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
