OFFICE
    OF
    THE
    SECRETARY OF
    STATE
    JESSE WHITE• Secretary
    of State
    RECEIVED
    CLERK’S
    OFFICE
    ocr
    82009
    POLLUTION CONTROL BOARD
    STATE
    OF
    IWNOIS
    JOHN
    THERRIAULT ASSISTANT CLERK
    Pollution
    Control
    Board
    100 W RANDOLPH ST, STE 11-500
    CHICAGO, IL
    60601
    Dear JOHN
    THERRIAULT ASSISTANT CLERK
    Your rules Listed below met our codification standards and have been published in Volume
    33,
    Issue 44 of the
    Illinois Register,
    dated 10/30/2009.
    OTHER
    INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER
    Notice of Public Information Pursuant
    to
    415 ILCS 5/7.2(b)
    Point of Contact: Mike McCambridge
    14841
    If you
    have any questions, you may contact the Administrative Code Division at
    (217)
    782 - 7017.
    October 22, 2009
    Index Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756
    COPV
    ILLiNOIS REGISTER
    POLLUTION CONTROL
    BOARD
    NOTICE OF
    PUBLIC
    INFORMATION PURSUANT
    TO
    415 1LCS 5/7.2(b)
    Section 22.4(a) of the Environmental Protection Act (Act)
    [415 1LCS
    5/22.4(a)] requires
    the
    Board
    to adopt
    regulations
    that are “identical in substance” to
    U.S.
    Environmental Protection
    Agency
    (USEPA) hazardous waste rules adopted to implement Subtitle
    C
    of the federal
    Resource
    Conservation and Recovery Act
    of 1976
    (RCRA Subtitle
    C) (42 U.S.C.
    §
    6921 et seq.
    (2008)).
    These rules are contained in
    35
    Ill.
    Adm.
    Code 701 through
    705,
    720
    through
    728,
    733, and 739.
    Section 7.2(a) of the Act [415 ILCS 5/7.2(a)] requires the Board to complete
    its
    identical-in-
    substance rulemaking actions within one year after the date
    of the USEPA action
    on which
    they
    are based. Section 7.2(b) [415 ILCS 5/7.2(b)] allows the Board to extend the deadline
    for
    adoption by publication of a notice of reason for delay in the Illinois Register.
    By an order dated October 15, 2009, the Board consolidated dockets R09-16 and R10-4, in
    order
    to expedite consideration of all of the amendments. By that order, the Board also set forth
    reasons for delay and extended the deadline for final action
    on the
    amendments from
    October 30,
    2009
    to
    April 15, 2010.
    REASONS FOR DELAY AND EXTENSION OF DEADLINE
    The due date
    for this proceeding
    was
    based on the earliest federal
    amendments included
    in this rulemaking, the October 30, 2008 amendments to the
    Defmition of
    Solid Waste Rule. Section 7.2(b) of the Act (415 LLCS 5/7.2(b)
    (2008)). The due
    date for filing the completed amendments is one year from that
    date,
    so the
    Board
    must file the amendments with the Office of the Secretary of
    State
    before
    October
    30, 2009. To accomplish this deadline, the Board would
    have had to adhere
    to the following schedule of intermediate occurrences:
    Due date:
    October 30, 2009
    Date of Board
    vote to propose amendments:
    June 18, 2009
    Submission for
    Illinois
    Register publication:
    June 29, 2009
    Probable Illinois
    Register publication date:
    July 10, 2009
    Probable
    End of 45-day public comment period: August 24, 2009
    Date of Board vote to adopt amendments:
    September
    17,
    2009
    End of 30-day
    hold period for USEPA review:
    October 17, 2009
    Probable
    filing and effective date:
    October 26, 2009
    Probable illinois Register publication date:
    November
    9,
    2009
    The Board has
    been developing a proposal for public comment in this
    matter, and more time
    than the Board estimated is necessary to complete that
    proposal. Due to the
    volume and complexity of the amendments involved in this
    cT
    I
    _.__4,
    ILLINOIS REGISTER
    POLLUTION
    CONTROL BOARD
    NOTICE OF PUBLIC
    INFORMATION PURSUANT
    TO
    415 ILCS 5/7.2(b)
    consolidated update docket,
    the Board has
    not
    yet completed the proposal. The
    October 30,
    2008 amendments to the Definition of Solid Waste Rule involved
    incorporation
    of
    a
    new administrative determination and four new self-
    implementing exclusions from
    the definition of solid waste into the Illinois
    regulations. This has required
    extensive examination of the existing rules,
    as
    well
    as the new provisions and the
    addition
    of a
    voluminous new
    body of
    financial
    assurance requirements to the
    regulations. Also, the December 19, 2008
    amendments to the excluded
    fuels
    rule
    involved incorporation
    of
    what
    is
    essentially an
    extensive
    new
    provision to the regulations. Similarly, the
    December 1,
    2008
    adoption of
    alternative generator requirements for eligible
    academic
    entities
    adds a
    new subpart to the hazardous waste generator standards.
    Further, delay
    will allow the Board to consolidate the R09-16 and R10-4
    dockets, in order to more
    promptly deal with the USEPA amendments of June 25,
    2009 that will be the subject of
    docket R10-4.
    For
    the foregoing reasons, the Board finds that delay was unavoidable and
    an extension of the deadline for
    completion of these amendments is
    necessary
    until April 15, 2010. To fulfill this deadline,
    the Board must
    adhere to the
    following schedule of intermediate occurrences:
    Due
    date:
    January 15, 2009
    Date of Board vote to propose amendments:
    December 3, 2009
    Submission for Illinois Register publication:
    December 15, 2009
    Probable Illinois Register publication date:
    December 26, 2009
    Probable End of 45-day public comment period: February 9, 2010
    Date of Board vote to adopt
    amendments:
    February 18, 2010
    End of 30-day hold period for
    USEPA review:
    March 18, 2010
    Probable filing and effective date:
    March 23, 2010
    At
    present, the Board plans to vote to adopt amendments based on the
    proposal for public
    comment
    at
    the regularly scheduled Board
    meeting of
    November 19, 2009 or December 3, 2009. After
    receiving
    public comments on
    the
    amendments, the earliest date for Board adoption of the amendments will
    be
    February 4, 2010 or
    February 18, 2010. After holding the amendments
    for 30
    days after adoption to allow USEPA to
    review them
    before they are filed, the
    earliest date for filing the amendments with the Office of the Secretary of State
    will
    be March
    9, 2010 or March 23, 2010.
    However,
    to accommodate the
    unanticipated possibility for further delay, the
    Board
    will extend the deadline for
    ILLINOIS
    REGISTER
    POLLUTION
    CONTROL BOARD
    NOTICE OF
    PUBLIC
    INFORMATION
    PURSUANT
    TO
    415
    ILCS
    5/7.2(b)
    final action
    until April 15, 2010,
    which
    would
    allow the Board
    to
    vote to amend
    the
    amendments as
    late as the
    regularly-scheduled
    meeting
    of March
    4, 2010.
    The
    Board hereby
    extends the
    deadline
    for completion
    of
    this
    rulemaking
    under
    Section 7.2(b) of
    the Act
    (415
    TLCS 5/7.2(b) (2008)).
    The
    Board also
    directs staff to cause
    publication of
    a Notice of Public
    Information on Proposed
    Rules in
    the Illinois
    Register, based on this
    order, that sets forth
    reasons for delay
    and extends the due
    date for
    this
    proceeding.
    Direct inquiries
    as follows,
    referencing consolidated
    docket R09-16/R10-4:
    Michael
    J.
    McCambridge,
    Staff Attorney
    illinois Pollution
    Control
    Board
    312-814-6924
    or
    mccambm@ipcb.state.il.us

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