1. HISTORICAL SUMMARIES OF THE ILLINOISRCRA SUBTITLE C HAZARDOUS WASTE AND
      2. UNDERGROUND INJECTION CONTROL
      3. PROGRAMS AND REGULATIONS
      4. (Updated: October 2, 2011)
      5. I. History of Adoption of Illinois RCRA Subtitle C Regulations
      6. A. Adoption of Hazardous Waste Regulations.
      7. B. Judicial Challenges to Hazardous Waste Regulations.
      8. C. USEPA authorizations of the Illinois RCRA Subtitle C Hazardous Waste Program.
      9. II. History of Petitions for Relief from Illinois RCRA Subtitle C Regulations
      10. A. Petitions for Solid Waste Determinations.
      11. B. Petitions for Hazardous Waste Delistings.
      12. C. Petitions for Boiler Determinations.
      13. D. Petitions for Non-Waste Determination.
      14. E. Petitions for Regulation as Universal Waste.
      15. F. Petitions for Adjusted Standard Relief from Permit Requirements.
      16. G. Petitions for Adjusted Standard Relief from Substantive RCRA Subtitle C
      17. Requirements.
      18. Emergency Rulemaking Procedure.
      19. I. Petitions for a Variance from Various Hazardous Waste Requirements.
      20. III.History of Illinois UIC Regulations
      21. A. Adoption of UIC Regulations.
      22. B. Other UIC Actions.
      23. C. USEPA Authorizations of the Illinois UIC Program.

HISTORICAL SUMMARIES OF THE ILLINOIS
RCRA SUBTITLE C HAZARDOUS WASTE AND
UNDERGROUND INJECTION CONTROL
PROGRAMS AND REGULATIONS
(Updated: October 2, 2011)
A historical outline of the Illinois RCRA Subtitle C and underground injection control
programs follow. This outline covers the time period from 1981 through December 31, 2011.
The Board intends this summary as a reference aid for interested persons. The Board does not
intend the content of this outline to have any effect on the substantive regulations of wither
program.
The Board has incorporated and maintained required elements of the federal RCRA
Subtitle C hazardous waste regulations into Illinois rules since 1981. During this time, the Board
has also incorporated elements into the hazardous waste requirements that are unique to Illinois.
All of this has been pursuant to sections 7.2 and 22.4 of the Environmental Protection Act (Act)
(415 ILCS 5/7.2 and 22.4) and other more specialized provisions that are indicated in the outline.
The Board has incorporated and maintained required elements of the federal underground
injection control (UIC) regulations into Illinois rules since 1982. This has been pursuant to
sections 7.2 and 13.4(a) of the Environmental Protection Act (415 ILCS 5/7.2 and 22.4(a).
The incorporation of all federally derived content has occurred using the “identical-in-
substance” procedure as described in section 7.2 of the Act 415 ILCS 5/7.2. This is an
abbreviated procedure for rulemaking that does not require public hearings and which omits
Second Notice review by the Joint Committee on Administrative Review (JCAR).
Segments of the following outline summarize the various rulemaking proceedings before
the Board that related to the Illinois RCRA Subtitle C hazardous waste and UIC programs.
Segments also summarize the approvals that the U.S. Environmental Protection Agency
(USEPA) has granted each program.
The Board has also heard numerous petitions to modify or for relief from various
provisions in the Illinois RCRA Subtitle C hazardous waste and UIC programs. Segments of the
following outline summarize petitions of all types filed before the Board for relief from
provisions of the Illinois RCRA Subtitle C rules since their inception. This includes the
rulemaking, adjusted standard, and variance proceedings filed before the Board relative to the
RCRA Subtitle C regulations.
This outline is current up to December 31, 2011
.
Interested persons can access and review the Board documents cited in this outline either
on-line (at www.ipcb.state.il.us) or in person, as provided in Subpart C of 2 Ill. Adm. Code 2175.

I. History of Adoption of Illinois RCRA Subtitle C Regulations
A historical outline of Board adoption of the Illinois RCRA Subtitle C hazardous waste
regulations follows. The outline lists all Board actions taken to adopt and maintain the
Illinois hazardous waste regulations since their inception. The outline includes a listing of all
rulemaking proceedings of general applicability before the Board that relate to the RCRA
Subtitle C program. The end of this outline also includes two other items related to the rules:
(1) a list of direct appeals filed to challenge Board rulemaking actions; and (2) a listing of
USEPA authorizations of the Illinois RCRA Subtitle C program.
A. Adoption of Hazardous Waste Regulations.
1. Adoption of Federal Regulations by Incorporation by Reference by Peremptory
Rulemaking.
The earliest incorporation of federal RCRA Subtitle C hazardous waste requirements
into the Illinois regulations was by peremptory rulemaking:
R81-14
Standards Applicable to Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities, R81-14 (Mar. 19, 1981);
published at 5 Ill. Reg. 5719 (May 29, 1981), effective May 14, 1981.
(Incorporation of treatment, storage, and disposal facility closure and post-
closure care and financial assurance provisions by reference. Repealed
upon the effective date of the codified rules adopted in Proposed
Regulations for “RCRA” (Chapter 7 and Chapter 9), R81-22 (Sep. 16,
1981 and Feb. 4, 1982); published at 5 Ill. Reg. 9781 (Oct. 2, 1981) and 6
Ill. Reg. 4828 (Apr. 23, 1982), effective May 17, 1982 (listed in segment
I.A.2. below).)
2. Adoption of Federal Requirements by Identical-in-Substance Rulemaking.
The Board adopted the initial Illinois RCRA Subtitle C hazardous waste regulations
in 1981, and has updated them to incorporate revisions to the federal RCRA Subtitle
C hazardous waste rules in numerous dockets over several years. The primary mode
for updating the rules is by use of the identical-in-substance procedure of sections 7.2
and 22.4(a) of the Act [415 ILCS 5/7.2 and 22.4(a)]. The following rulemaking
proceedings used the identical-in-substance RCRA Subtitle C procedure to
incorporate revised federal standards into the Illinois regulations:
R81-22
Proposed Regulations for RCRA, R81-22 (Sep. 16, 1981 and Feb. 4,
1982); published at 5 Ill. Reg. 9781 (Oct. 2, 1981) and 6 Ill. Reg. 4828
(Apr. 23, 1982), effective May 17, 1982. (“Phase I RCRA rules”; federal
rules and amendments adopted by USEPA during the period May 18,
1980, through October 1, 1981.)

R82-18
Amendments to Phase I RCRA Rules, R82-18 (Jan. 13, 1983); published
at 7 Ill. Reg. 2518 (Mar. 4, 1983), effective May 17, 1982. (Federal rules
and amendments adopted by USEPA during the period November 11,
1981, through June 24, 1982. Combining UIC rules into a RCRA Subtitle
C docket (also listed in segment III.A. below).)
R82-19
Phase II RCRA Rules, R82-19 (July 26, 1983); published at 7 Ill. Reg.
13999 (Oct. 28, 1983), effective October 2, 1983. (Federal rules and
amendments adopted by USEPA during the period November 23, 1981,
through October 29, 1982. Affirmed in Commonwealth Edison Co. v.
PCB, 127 Ill. App. 3d 446; 468 N.E.2d 1339; 82 Ill. Dec. 559 (3d Dist.
1984) (listed in segment I.B. below).)
R83-24
Technical Correction to Phase II RCRA Rules, R83-24 (Dec. 15, 1983);
published at 8 Ill. Reg. 200 (Jan. 6, 1984), effective December 27, 1983.
(Corrections to the docket R82-19 rules. Affirmed in Commonwealth
Edison Co. v. PCB, 127 Ill. App. 3d 446; 468 N.E.2d 1339; 82 Ill. Dec.
559 (3d Dist. 1984) (listed in segment I.B. below).)
R84-9
RCRA and UIC Update, R84-9 (June 13, 1985 and June 27, 1985);
published at 9 Ill. Reg. 11964 (Aug. 2, 1985), effective July 8, 1985 and
July 24, 1985. (Federal rules and amendments adopted by USEPA during
the period January 19, 1983, through April 24, 1984 (also listed in
segment III.A. below).)
R85-22
RCRA Update, USEPA Regulations (April 24, 1984, through June 30,
1985), R85-22 (Dec. 20, 1985 and Jan. 9, 1986); published at 10 Ill. Reg.
968 (Jan. 17, 1986), effective January 2, 1986 (also listed in segment
I.A.7. below).
R86-1
RCRA Update, USEPA Regulations (July 1, 1985, through December 31,
1985), R86-1 (July 11, 1986); published at 10 Ill. Reg. 13998 (Aug. 22,
1986), effective August 12, 1986.
R86-19
RCRA Update, USEPA Regulations (February 1, 1986, through March 31,
1986), R86-19 (Oct. 23, 1986); published at 10 Ill. Reg. 20630 (Dec. 12,
1986), effective December 2, 1986.
R86-28
RCRA Update, USEPA Regulations (April 1, 1986, through June 30,
1986), R86-28 (Feb. 5, 1987, Mar. 5, 1987, and Apr. 16, 1987); published
at 11 Ill. Reg. 6017 (Apr. 3, 1987), effective March 23, 1987, and 11 Ill.
Reg. 8684 (May 1, 1987), effective April 21, 1987.

R86-46
RCRA Update, USEPA Regulations (July 1, 1986, through September 30,
1986), R86-46 (July 16, 1987); published at 11 Ill. Reg. 13435 (Aug. 14,
1987), effective August 4, 1987 (also listed in segment I.A.7. below).
R87-5
RCRA Update, USEPA Regulations (October 1, 1986, through
December 31, 1986), R87-5 (Oct. 15, 1987); published at 11 Ill. Reg.
19280 (Nov. 30, 1987), effective November 10 and 12, 1987.
R87-26
RCRA Update, USEPA Regulations (January 1, 1987, through June 30,
1987), R87-26 (Dec. 3, 1987); published at 12 Ill. Reg. 2450 (Jan. 29,
1988), effective January 15, 1988.
R87-32
Correction to R86-1, R87-32 (Sep. 4, 1987); published at 11 Ill. Reg.
16698 (Oct. 16, 1987), effective September 30, 1987.
R87-39
RCRA Update, USEPA Regulations (July 1, 1987, through December 31,
1987), R87-39 (June 16, 1988); published at 12 Ill. Reg. 12999 (Aug. 12,
1988), effective July 29, 1988.
R88-16
RCRA Update, USEPA Regulations (January 1, 1988, through July 31,
1988), R88-16 (Nov. 17, 1988); published at 13 Ill. Reg. 447 (Jan. 13,
1989), effective December 28, 1988.
R88-29
RCRA Corrections, Miscellaneous, RCRA Units, R88-29 (Jan. 19, 1989).
(Dismissed without rulemaking action in favor of including the corrections
in RCRA Update, USEPA Regulations (August 1, 1988, through
December 31, 1988), R89-1 (Sep. 13, 1989).)
R89-1
RCRA Update, USEPA Regulations (August 1, 1988, through
December 31, 1988), R89-1 (Sep. 13, 1989); published at 13 Ill. Reg.
18278 (Nov. 27, 1989), effective November 13, 1989.
R89-9
RCRA Update, USEPA Regulations (January 1, 1989, through June 30,
1989), R89-9 (Mar. 8, 1990); published at 14 Ill. Reg. 6225 (Apr. 27,
1990), effective April 16, 1990.
R90-2
RCRA Update, USEPA Regulations (July 1, 1989, through December 31,
1989), R90-2 (July 3, 1990); published at 14 Ill. Reg. 14401 (Sep. 7,
1990), effective August 22, 1990.
R90-10
RCRA Update, USEPA Regulations TCLP (January 1, 1990, through
March 30, 1990), R90-10 (Aug. 30, 1990); published at 14 Ill. Reg. 16472
(Oct. 5, 1990), effective September 25, 1990. (Toxicity characteristic
leachate procedure (TCLP).)

R90-11
RCRA Update, USEPA Regulations (April 1, 1990, through June 30,
1990), R90-11 (Apr. 11, 1991, May 23, 1991, Aug. 8, 1991; and Aug. 22,
1991); published at 15 Ill. Reg. 9323 (June 28, 1991), effective June 17,
1991.
R90-17
RCRA Delistings, R90-17 (Feb. 28, 1991); published at 15 Ill. Reg. 7934
(May 24, 1991), effective May 9, 1991 (also listed in segment I.A.7.
below).
R91-1
RCRA Update, USEPA Regulations (July 1, 1990, through December 31,
1990), R91-1 (Aug. 8, 1991); published at 15 Ill. Reg. 14446 (Oct. 11,
1991), effective September 30, 1991. (Wood Preserving Rules.)
R91-13
RCRA Update, USEPA Regulations (January 1, 1991, through June 30,
1991), R91-13 (Apr. 9, 1992); published at 16 Ill. Reg. 9489 (June 19,
1992), effective June 9, 1992. (Boilers and Industrial Furnace (BIF)
Rules.)
R91-26
RCRA Wood Preserving Compliance Dates, R91-26 (Jan. 9, 1992);
published at 16 Ill. Reg. 2600 (Feb. 14, 1992), effective February 3, 1992.
(Wood Preserving Rules Compliance Dates.)
R92-1
RCRA Update, USEPA Regulations (July 1, 1991, through December 31,
1991), R92-1 (Sep. 17, 1992); published at 16 Ill. Reg. 17636 (Nov. 20,
1992), effective November 6, 1992.
R92-10
RCRA Update, USEPA Regulations (January 1, 1992, through June 30,
1992), R92-10 (Jan. 21, 1993 and Mar. 11, 1993); published at 17 Ill. Reg.
5625 (Apr. 9, 1993), effective March 26, 1993. (Leak Detection System
(LDS) Rules.)
R93-4
RCRA Update, USEPA Regulations (July 1, 1992, through December 31,
1992), R93-4 (Sep. 23, 1993 and Oct. 21, 1993); published at 17 Ill. Reg.
20545 (Dec. 3, 1993), effective November 22, 1993. (Used and Waste Oil
Rules.)
R93-16
RCRA Update, USEPA Regulations (January 1, 1993, through June 30,
1993), R93-16 (Mar. 17, 1994 and Apr. 21, 1994); published at 18 Ill. Reg.
6720 (May 6, 1994), effective April 26, 1994.
R94-7
RCRA Subtitle C Update, USEPA Regulations (July 1, 1993, through
December 31, 1993), R94-7 (June 23, 1994); published at 18 Ill. Reg.
12160 (Aug. 12, 1994), effective July 29, 1994.

R94-17
RCRA Subtitle C Update, USEPA Regulations (January 1, 1994, through
June 30, 1994), R94-17 (Oct. 20, 1994 and Nov. 3, 1994); published at 18
Ill. Reg. 17480 (Dec. 9, 1994), effective November 23, 1994.
R95-6
RCRA Subtitle C Update, USEPA Regulations (July 1, 1994, through
December 31, 1994, January 3, 1995, and May 19, 1995), R95-6 (June 1,
1995 and June 15, 1995); published at 19 Ill. Reg. 9501 (July 14, 1995),
effective June 27, 1995. (Consolidated with UIC Update, USEPA
Regulations (July 1, 1994 through December 31, 1994), R95-4 (June 1,
1995 and June 15, 1995) (listed in segment III.A. below).)
R95-20
RCRA Subtitle C Update, USEPA Regulations (January 1, 1995, through
June 30, 1995, July 7, 1995, September 29, 1995, November 13, 1995, and
June 6, 1996), R95-20 (June 20, 1996); published at 20 Ill. Reg. 10929
(Aug. 16, 1996), effective August 1, 1996 (also listed in segment II.B.2.
below).
R96-10
RCRA Subtitle C Update, USEPA Regulations (July 1, 1995, through
December 31, 1995), R96-10 (Nov. 6, 1997); published at 22 Ill. Reg. 256
(Jan. 2, 1998), effective December 16, 1997. (Consolidated with UIC
Update, USEPA Regulations (January 1, 1996 through June 30, 1996)
(Nov. 6, 1997), R97-3 (listed in segment III.A. below) and RCRA Subtitle
C Update, USEPA Regulations (January 1, 1996, through June 30, 1996),
R97-5 (Nov. 6, 1997) (listed in this segment I.A.2.).)
R97-5
RCRA Subtitle C Update, USEPA Regulations (January 1, 1996, through
June 30, 1996), R97-5 (Nov. 6, 1997); published at 22 Ill. Reg. 256
(Jan. 2, 1998), effective December 16, 1997. (Consolidated with RCRA
Subtitle C Update, USEPA Regulations (July 1, 1995, through
December 31, 1995), R96-10 (Nov. 6, 1997) (listed in this segment I.A.2.)
and UIC Update, USEPA Regulations (January 1, 1996 through June 30,
1996), R97-3 (Nov. 6, 1997) (listed in segment III.A. below).)
R97-21
RCRA Subtitle C (HW) Update, USEPA Regulations (July 1, 1996,
through December 31, 1996), R97-21 (Aug. 20, 1998); published at 22 Ill.
Reg. 17930 (Oct. 9, 1998), effective September 28, 1998. (Consolidated
with UIC Update, USEPA Regulations (January 1, 1997 through June 30,
1997), R98-3 (Aug. 20, 1998) (listed in segment III.A. below) and RCRA
Subtitle C Update, USEPA Regulations (January 1, 1997, through June 30,
1997), R98-5 (Aug. 20, 1998) (listed in this segment I.A.2.).)
R98-5
RCRA Subtitle C Update, USEPA Regulations (January 1, 1997, through
June 30, 1997), R98-5 (Aug. 20, 1998); published at 22 Ill. Reg. 17930
(Oct. 9, 1998), effective September 28, 1998. (Consolidated with RCRA
Subtitle C Update, USEPA Regulations (January 1, 1997, through June 30,

1997), R97-21 (Aug. 20, 1998) (listed in this segment I.A.2.) and UIC
Update, USEPA Regulations (January 1, 1997 through June 30, 1997),
R98-3 (Aug. 20, 1998) (listed in segment III.A. below).)
R98-21
RCRA Subtitle C Update, USEPA Regulations (July 1, 1997, through
December 31, 1997), R98-21 (Dec. 17, 1998); published at 23 Ill. Reg.
1695 (Feb. 5, 1999), effective January 19, 1999. (Consolidated with
RCRA Subtitle C Update, USEPA Regulations (January 1, 1998, through
June 30, 1998), R99-2 (Dec. 17, 1998) (listed in this segment I.A.2.) and
UIC Update, USEPA Regulations (January 1, 1998 through June 3, 1998),
R99-7 (Dec. 17, 1998) (listed in segment III.A. below).)
R99-2
RCRA Subtitle C Update, USEPA Regulations (January 1, 1998, through
June 30, 1998), R99-2 (Dec. 17, 1998); published at 23 Ill. Reg. 1695
(Feb. 5, 1999), effective January 19, 1999. (Consolidated with RCRA
Subtitle C Update, USEPA Regulations (July 1, 1997, through
December 31, 1997), R98-21 (Dec. 17, 1998) (listed in this segment
I.A.2.) and UIC Update, USEPA Regulations (January 1, 1998 through
June 3, 1998), R99-7 (Dec. 17, 1998) (listed in segment III.A. below).)
R99-15
RCRA Subtitle C Update, USEPA Regulations (July 1, 1998, through
December 31, 1998), R99-15 (June 17, 1999); published at 23 Ill. Reg.
9094 (Aug. 13, 1999), effective July 26, 1999.
R00-5
RCRA Subtitle C Update, USEPA Amendments (January 1, 1999, through
June 30, 1999), R00-5 (Dec. 2, 1999); published at 24 Ill. Reg. 1063 (Jan.
21, 2000), effective January 6, 2000.
R00-13
RCRA Subtitle C Update, USEPA Amendments (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 Amendments (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 Amendments (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, USEPA Regulations (July 1, 2000 through December 31, 2000),
R01-21 (May 17, 2001) (listed in segment III.A. below).
R02-1
RCRA Subtitle C Update, USEPA Amendments (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, USEPA Regulations (July 1, 2001 through
December 31, 2001), R02-12 (Apr. 18, 2002) (listed in this segment A.2.)
and UIC Update, USEPA Regulations (July 1, 2001 through December 31,
2001), R02-17 (Apr. 18, 2002) (listed in segment III.A. below).
R02-12
RCRA Subtitle C Update, USEPA Amendments (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, USEPA Regulations (January 1, 2001 through June 30,
2001), R02-1 (Apr. 18, 2002) (listed in this segment I.A.2.) and UIC
Update, USEPA Regulations (July 1, 2001 through December 31, 2001),
R02-17 (Apr. 18, 2002) (listed in segment III.A. below).)
R03-7
RCRA Subtitle C Update, USEPA Amendments (January 1, 2002 through
June 30, 2002), R03-7 (Jan. 9, 2003); published at 27 Ill. Reg. 3496 (Feb.
28, 2003), effective February 14, 2003.
R03-18
RCRA Subtitle C Update, USEPA Amendments (July 1, 2002 through
December 31, 2002), R03-18 (June 5, 2003); published at 27 Ill. Reg.
12683 (Aug. 1, 2003), 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 Amendments (July 1, 2003 through
December 31, 2003), R04-16 (June 17, 2004); published at 28 Ill. Reg.
10693 (July 30, 2004), effective July 19, 2004.
R05-2
RCRA Subtitle C Update, USEPA Amendments (January 1, 2004 through
June 30, 2004 and October 25, 2004), R05-2 (Mar. 3, 2005); published at
29 Ill. Reg. 6290 (May 6, 2005), 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 Amendments (January 1, 2005 through
June 30, 2005), R06-7 (Jan. 5, 2006 and Feb. 2, 2006); published at 30 Ill.
Reg. 2845 (Mar. 10, 2006), effective February 23, 2006. (Consolidated
with UIC Corrections, USEPA Amendments (July 1, 2005 through
December 31, 2005), R06-5 (Jan. 5, 2006 (listed in segment III.A. below)
and Feb. 2, 2006) and RCRA Subtitle D Update, USEPA Amendments
(July 1, 2005 through December 31, 2005), R06-6 (Jan. 5, 2006 and Feb.
2, 2006).)

R06-18
RCRA Subtitle C Update, USEPA Amendments (July 1, 2005 through
December 31, 2005), R06-18 (Nov. 16, 2006); published at 31 Ill. Reg.
438 (Jan. 12, 2008), effective December 20, 2007. (Consolidated with
UIC Update, USEPA Amendments (July 1, 2005 through December 31,
2005), R06-16 (Nov. 16, 2006) (listed in segment III.A. below) and RCRA
Subtitle D Update, USEPA Amendments (July 1, 2005 through December
31, 2005), R06-17 (Nov. 16, 2006) (listed in this segment I.A.2.).)
R07-5
RCRA Subtitle C Update, USEPA Amendments (January 1, 2006 through
June 30, 2006), R07-5 (June 5, 2008); published at 32 Ill. Reg. 11672
(July 25, 2008), effective July 14, 2008. (Consolidated with RCRA
Subtitle C Update, USEPA Amendments (July 1, 2005 through December
31, 2005), R07-14 (June 5, 2008) (listed in this segment I.A.2.).)
R07-14
RCRA Subtitle C Update, USEPA Amendments (July 1, 2005 through
December 31, 2005), R07-14 (June 5, 2008); published at 32 Ill. Reg.
11672 (July 25, 2008), effective July 14, 2008. (Consolidated with RCRA
Subtitle C Update, USEPA Amendments (January 1, 2006 through June
30, 2006), R07-5 (June 5, 2008) (listed in this segment I.A.2.).)
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 Amendments (January 1, 2008 through
June 30, 2008), R09-3 (Nov. 20, 2008); published at 33 Ill. Reg. 922 (Jan.
16, 2009), effective December 30, 2008.
R09-16
RCRA Subtitle C Update, USEPA Amendments (January 1, 2010 through
June 30, 2010), R09-16 (Oct. 7, 2010); published at 34 Ill. Reg. 18505
(Nov. 29, 2010), effective November 12, 2010. (Consolidated with RCRA
Subtitle C Update, USEPA Regulations (July 1, 2010 through December
31, 2010), R10-4 (Oct. 7, 2010) (listed in this segment I.A.2.).)
R10-4
RCRA Subtitle C Update, USEPA Regulations (July 1, 2010 through
December 31, 2010), R10-4 (Oct. 7, 2010); published at 34 Ill. Reg. 18505
(Nov. 29, 2010), effective November 12, 2010. (Consolidated with RCRA
Subtitle C Update, USEPA Amendments (January 1, 2010 through June
30, 2010), R09-16 (Oct. 7, 2010) (listed in this segment I.A.2.).)

R10-13
RCRA Subtitle C Update, USEPA Regulations (July 1, 2009 through
December 31, 2009), R09-3 (Apr. 1, 2010). (Dismissed because no
federal actions in the period.)
R11-2
RCRA Subtitle C Update, USEPA Amendments (January 1, 2010 through
June 30, 2010), R11-2 (Aug. 18, 2011); published at 35 Ill. Reg. 17647
(Nov. 4, 2011), effective October 14, 2011. (Consolidated with RCRA
Subtitle C Update, USEPA Regulations (July 1, 2010 through December
31, 2010), R11-16 (Aug. 18, 2011) (listed in this segment I.A.2.).)
R11-16
RCRA Subtitle C Update, USEPA Regulations (July 1, 2010 through
December 31, 2010), R11-16 (Aug. 18, 2011); published at 35 Ill. Reg.
17647 (Nov. 4, 2011), effective October 14, 2011. (Consolidated with
RCRA Subtitle C Update, USEPA Amendments (January 1, 2010 through
June 30, 2010), R11-2 (Aug. 18, 2011) (listed in this segment I.A.2.).)
R12-7
RCRA Subtitle C Update, USEPA amendments (January 1, 2010 through
June 30, 2011), R12-7 (Apr. 19, 2012); published at 36 Ill. Reg. 8740
(June 15, 2012), effective June 4, 2012.
R12-20
RCRA Subtitle C Update, USEPA Regulations (July 1, 2011 through
December 31, 2011), R12-20 (Feb. 2, 2012). (Dismissed because no
federal actions in the period.)
R13-5
RCRA Subtitle C Update, USEPA amendments (January 1, 2012 through
June 30, 2012), R13-5 (reserved docket for which Board adoption on
January 3, 2013 is projected, for a February 11, 2013 effective date).
3. Amendment of Existing Rules to Accommodate RCRA Subtitle C Requirements by
General Rulemaking.
The Board proposed amendments to revise existing State special waste hauling
regulations to accommodate the federal RCRA Subtitle C hazardous waste
requirements pursuant to Section 27 of the Act [415 ILCS 5/27]:
R81-31
Revisions to Chapter 9: Special Waste Hauling, R81-31 (Oct. 5, 1982).
(Dismissed without substantive action, in favor of action using the
identical-in-substance procedure in Proposed Regulations for “RCRA”
(Chapter 7 and Chapter 9), R81-22 (Sep. 16, 1981 and Feb. 4, 1982)
(listed in segment I.A.2. above), after the Board proposal received
significant criticism and substitute proposal was not filed by the Illinois
Chamber of Commerce. Consolidated with Revisions to Chapter 7: Solid
Waste, R80-20 (Oct. 5, 1982) for the final public hearing and dismissal.)

4. Adoption of Proposed Federal Hazardous Waste Listings for Dioxin by Identical-in-
Substance Rulemaking.
The Board added hazardous waste listings for dioxins to the Illinois regulations based
on proposed federal listings of pursuant to Section 22.4(d) of the Act [415 ILCS
5/22.4(d)]:
R84-34
Hazardous Waste Listings and Test Methods for Identification of
Tetrachlorodibenzo-p-Dioxins, R84-34 (Nov. 21, 1984); published at 8 Ill.
Reg. 24562 (Dec. 21, 1984), effective December 11, 1984. (Removed in
RCRA Update, USEPA Regulations (April 24, 1984, through June 30,
1985), R85-22 (Dec. 20, 1985 and Jan. 9, 1986) (listed in segment I.A.7.
below) when adopting the delistings ultimately adopted by USEPA. The
General Assembly repealed Section 22.4(d) of the Act [415 ILCS 5/7.2(d)]
by Pub. Act 85-1048, effective January 1, 1989.)
5. Adoption of Additional State Requirements by General Rulemaking.
Section 22.4(b) of the Act [415 ILCS 5/22.4(c)] allows the Board to establish State
hazardous waste requirements that are no less stringent than the federal standards and
which are not inconsistent with the federal standards. The Board considered State
hazardous waste land disposal restrictions by general rulemaking. Those general
rulemaking proceedings were the following:
R81-25
Prohibition on Landfilling of Halogenated Solvents, R81-25 (Oct. 25,
1984); published at 8 Ill. Reg. 24124 (Dec. 14, 1984), effective
December 4, 1984. (On a petition filed by Citizens for a Better
Environment. Adopting 35 Ill. Adm. Code 729 pursuant to Section 22.6
of the Act [415 ILCS 5/22.6] as a permanent rule to prohibit land disposal
of halogenated solvent that is hazardous waste).
R83-28A Definition of Liquid Hazardous Waste (Emergency Rule), R83-28(A)
(June 29, 1984 and July 19, 1984); emergency rule published at 8 Ill. Reg.
12668 (July 13, 1984), effective July 5, 1984 for a maximum of 150 days
(until December 1, 1984). (Adopting 35 Ill. Adm. Code 709 and 729
pursuant to Section 22.6 of the Act [415 ILCS 5/22.6] as emergency rules
to restrict the land disposal of liquid hazardous waste.)
R83-28B Definition of Liquid Hazardous Waste (Temporary Rule), R83-28(B)
(Dec. 20, 1984 and Jan. 10, 1985); temporary rule published at 9 Ill. Reg.
718 (Jan. 18, 1985), effective January 3, 1985 for a maximum of one year
(until January 3, 1986). (Amending 35 Ill. Adm. Code 709 and 729
pursuant to Section 22.6 of the Act [415 ILCS 5/22.6] to restrict the land
disposal of liquid hazardous waste.)

R83-28C Definition of Liquid Hazardous Waste (Economic Impact of Temporary
Rules and Adoption of Permanent Rules), R83-28(C) (Feb. 26, 1986);
published at 10 Ill. Reg. 4875 (Mar. 21, 1986), effective March 7, 1986.
(Amending 35 Ill. Adm. Code 709 and 729 pursuant to Section 22.6 of the
Act [415 ILCS 5/22.6] to restrict the land disposal of liquid hazardous
waste.)
R84-33
Hazardous Emissions, 35 Ill. Adm. Code 703, 720, 721, and 724, R84-33
(Oct. 24, 1985). (Agency proposal voluntarily withdrawn after public
hearings.)
R86-9A
Hazardous Waste Prohibitions (Emergency Rule), R86-9(A) (Oct. 23,
1986); emergency rule published at 10 Ill. Reg. 19787 (Nov. 21, 1986),
effective November 5, 1986 for a maximum of 150 days (until April 5,
1987). (Circumscribing implementation of Section 39(h) of the Act [415
ILCS 5/39(h)]. Vacated in Citizens for a Better Environment v. Pollution
Control Board, 152 Ill. App. 3d 105, 504 N.E.2d 166, 105 Ill. Dec. 297
(1st Dist. 1987) (listed in segment I.B. below).)
R86-9B
Hazardous Waste Prohibitions, R86-9(B) (Dec. 16, 1993). (seeking to
clarify Section 39(h) of the Act [415 ILCS 5/39(h)]; dismissed without
substantive action.)
R86-11
Liquid Hazardous Waste and USEPA HSWA Prohibitions, R86-11
(Sep. 22, 1988). (Closed without rulemaking action. Opened to consider
modification of the restrictions on land disposal of liquid hazardous waste
adopted in Definition of Liquid Hazardous Waste (Economic Impact of
Temporary Rules and Adoption of Permanent Rules), R83-28(C) (Feb. 26,
1986) (listed in this segment I.A.5.).)
R98-12
Amendments of 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733
(Standards for Universal Waste Management), R98-12 (Apr. 2, 1998);
published at 22 Ill. Reg. 7650 (May 1, 1998), effective April 15, 1998.
(Designating high intensity discharge lamps and fluorescent lamps as a
category of universal waste under 35 Ill. Adm. Code 733, pursuant to
Section 22.23a of the Act [415 ILCS 5/22.23a]. Deleted from the rules in
UIC Update, USEPA Regulations (July 1, 2005 through December 31,
2005), R06-16, RCRA Subtitle D Update, USEPA Regulations (July 1,
2005 through December 31, 2005), R06-17, RCRA Subtitle C Update,
USEPA Regulations (July 1, 2005 through December 31, 2005), R06-18
(Nov. 16, 2006) (consolidated) (listed in segment I.A.2. above), upon
USEPA designation of mercury-containing devices as universal waste.)
R05-8
Standards for Universal Waste Management (35 Ill. Adm. Code 703, 720,
721, 724, 725, 728, and 733), R05-8 (Apr. 7, 2005); published at 29 Ill.

Reg. 6058 (Apr. 29, 2005), effective April 13, 2005. (Designating
mercury-containing equipment as a category of universal waste under 35
Ill. Adm. Code 733, pursuant to Section 22.23b of the Act [415 ILCS
5/22.23b]. Deleted from the rules in UIC Update, USEPA Regulations
(July 1, 2005 through December 31, 2005), R06-16, RCRA Subtitle D
Update, USEPA Regulations (July 1, 2005 through December 31, 2005),
R06-17, RCRA Subtitle C Update, USEPA Regulations (July 1, 2005
through December 31, 2005), R06-18 (Nov. 16, 2006) (consolidated)
(listed in segment I.A.2. above), upon USEPA designation of mercury-
containing devices as universal waste.)
R06-20A Proposed Amendments to the Board’s Special Waste Regulations
Concerning Used Oil, 35 Ill. Adm. Code 739, 808, and 809, R06-20(A)
(Feb. 18, 2010); published at 34 Ill. Reg. 3296 (Mar. 12, 2010), effective
February 25, 2010, corrected at 34 Ill. Reg. 4927 (Apr. 2, 2010).
(Amending the used and waste oil regulations to exempt mixtures
containing used oil from the State special waste manifest requirements.)
R06-20B Proposed Amendments to the Board’s Special Waste Regulations
Concerning Used Oil, 35 Ill. Adm. Code 739, 808, and 809, R06-20(B)
(Nov. 8, 2010); published at 34 Ill. Reg. 17381 (Mar. 12, 2010), effective
February 25, 2010. (Adding a definition to the used and waste oil
regulations to implement the amendments adopted in Proposed
Amendments to the Board’s Special Waste Regulations Concerning Used
Oil, 35 Ill. Adm. Code 739, 808, and 809, R06-20(A) (Feb. 18, 2010)
(listed in segment I.A.2. above).)
6. Petition for adoption of Federal RCRA Subtitle C Amendments by Emergency
Rulemaking.
The Board received one petition for rapid adoption of USEPA RCRA Subtitle C
amendments by the emergency rulemaking procedure of section 5-45 of the
Administrative Procedure Act [5 ILCS 100/5-45]:
R94-18
Revisions of Treatability Testing Exclusion Limits, Amendments to 35 Ill.
Adm. Code 721.104(f)(3) through (f)(5)), R94-18 (Jan. 11, 1995). (Based
on a petition of Burlington Environmental, Inc. Voluntarily withdrawn in
favor of action undertaken in RCRA Update, USEPA Regulations
(January 1, 1994 through June 30, 1994), R94-17 (Oct. 10, 1994 and Nov.
3, 1994) (listed in segment I.A.2. above).)

7. Procedural Provisions Specific to Proceedings Involving RCRA Subtitle C
Regulations.
The Board has adopted procedural rules specific to cases involving the RCRA
Subtitle C regulations:
R84-10
RCRA Procedural Rules, R84-10 (Dec. 20, 1984, and Jan. 10, 1985);
published at 9 Ill. Reg. 1383 (February 1, 1985), effective January 16,
1985. (Amending the Board’s procedural rules by identical-in-substance
rulemaking for RCRA Subtitle C procedures.)
R85-22
RCRA Update, USEPA Regulations (April 24, 1984, through June 30,
1985), R85-22 (Dec. 20, 1985 and Jan. 9, 1986); published at 10 Ill. Reg.
968 (Jan. 17, 1986), effective January 2, 1986 (also listed in segment
I.A.2. above). (Instituting procedures for boiler determinations and solid
waste determinations.)
R86-46
RCRA Update, USEPA Regulations (July 1, 1986, through September 30,
1986), R86-46 (July 16, 1987); published at 11 Ill. Reg. 13435 (Aug. 14,
1987), effective August 4, 1987 (also listed in segment I.A.2. above).
(Amending the procedures for boiler determinations and solid waste
determinations.)
R90-17
RCRA Delistings, R90-17 (Feb. 28, 1991); published at 15 Ill. Reg. 7934
(May 24, 1991), effective May 9, 1991 (also listed in segment I.A.2.
above). (Instituting procedures for hazardous waste delisting by an
adjusted standard)
R10-18
Proposed Amendment to Procedural Rules on Hearings in Identical-in-
Substance Rulemakings, R10-18 (Aug. 5, 2010); published at 34 Ill. Reg.
12193 (Aug. 20, 2010), effective August 9, 2010. (Instituting procedures
for conducting hearings in identical-in-substance proceedings by
teleconference.)
B. Judicial Challenges to Hazardous Waste Regulations.
Direct appeals pursuant to sections 29 and 41 of the Act [415 ILCS 5/29 and 41] have
challenged hazardous waste regulations adopted by the Board:
Commonwealth Edison Co. v. PCB, 127 Ill. App. 3d 446; 468 N.E.2d 1339; 82 Ill.
Dec. 559 (3d Dist. 1984). (Affirming adoption and validity of the RCRA Subtitle C
regulations adopted in Phase II, RCRA Rules, R82-19 (July 26, 1983) and Technical
Correction to Phase II RCRA Rules, R83-24 (Dec. 15, 1983). See the entries in
segment I.A.1.b. above.)

Citizens for a Better Environment v. Pollution Control Board, 152 Ill. App. 3d 105,
504 N.E.2d 166, 105 Ill. Dec. 297 (1st Dist. 1987). (Vacating the emergency rule
adopted in Hazardous Waste Prohibitions (Emergency Rule), R86-9(A) (Oct. 23,
1986). See the entry in segment I.A.1.e. above.)
C. USEPA authorizations of the Illinois RCRA Subtitle C Hazardous Waste Program.
USEPA periodically reviews the Illinois hazardous waste program. As a result of these
reviews, USEPA has granted Illinois a number of authorizations. The Federal Register
citations for the authorizations are listed as follows:
May 17, 1982 (at 47 Fed. Reg. 21043) (Phase I authorization)
January 30, 1986 (at 51 Fed. Reg. 3778) (Phase II authorization), effective January 31,
1986
January 5, 1988 (at 53 Fed. Reg. 126) (partial HSWA authorization), effective
March 5, 1988
September 12, 1989 (at 54 Fed. Reg. 37649) (approvals codified as 40 C.F.R. 272.700
and 272.701), effective November 13, 1989
March 1, 1990 (at 55 Fed. Reg. 7320), effective April 30, 1990
April 3, 1991 (at 56 Fed. Reg. 13595), effective June 3, 1991
January 31, 1992 (at 57 Fed. Reg. 3731), effective March 31, 1992
June 14, 1994 (at 59 Fed. Reg. 30525), effective August 14, 1994
March 15, 1996 (at 61 Fed. Reg. 10684), effective May 14, 1996
August 5, 1996 (at 61 Fed, Reg. 40520), effective October 4, 1996
II. History of Petitions for Relief from Illinois RCRA Subtitle C Regulations
A historical outline of petitions filed before the Board for relief from the Illinois RCRA
Subtitle C hazardous waste regulations follows. The outline lists all petitions of all types of
proceedings filed before the Board for relief from provisions of the Illinois RCRA Subtitle C
rules since their inception. The outline includes listings of all rulemaking, adjusted standard,
and variance proceedings filed before the Board relative to the RCRA Subtitle C regulations,
with one exception: the outline does not include the numerous petitions filed pursuant to
section 35(b) of the Act [415 ILCS 5/35(b)] (as it existed prior to amendment in P.A. 93-152,
effective July 10, 2003) for a provisional variance to extend the generator waste accumulation
time pursuant to 35 Ill. Adm. Code 722.134(b).

A. Petitions for Solid Waste Determinations.
After adoption of section 28.1 of the Act [415 ILCS 5/28.1], the Board adopted
procedures for granting solid waste determinations (see the entries for RCRA Update,
USEPA Regulations (April 24, 1984, through June 30, 1985), R85-22 (Dec. 20, 1985 and
Jan. 9, 1986) in segments I.A.2. and I.A.7. above). Waste generators have filed a number
of petitions before the Board for an adjusted standard pursuant to section 28.1 and 35 Ill.
Adm. Code 720.131 for a solid waste determination:
AS 89-4
Safety-Kleen Corporation, Petition for an Adjusted Standard from 35 Ill. Adm.
Code 720.131(c), AS 89-4 (Nov. 15, 1989). (Voluntarily withdrawn.)
AS 89-5
Safety-Kleen Corporation, Petition for an Adjusted Standard, 35 Ill. Adm.
Code 720.131(c), AS 89-5 (July 3, 1990). (Voluntarily withdrawn.)
AS 90-7
Petition of Quantum Chemical Company, USI Division, for an Adjusted
Standard from 35 Ill. Adm. Code 720.130, AS 90-7 (July 11, 1991).
(Voluntarily withdrawn.)
AS 96-11 Petition of Chemetco, Inc. for an Adjusted Standard Under 35 Ill. Adm. Code
720.131(a) and (c), AS 96-11 (Aug. 1, 1996). (Dismissed for failure to timely
publish a notice of filing.)
AS 97-2
Petition of Chemetco, Inc. for an Adjusted Standard form 35 Ill. Adm. Code
720.131(a) and (c), AS 97-2 (Mar. 19, 1998). (Denied as to mixed metals-
bearing wastewater treatment sludge, contaminated soils, and metals smelting
slags from mixed metal scraps reclamation.)
AS 97-9
Petition of Recycle Technologies, Inc. for an Adjusted Standard, AS 97-9
(Sep. 3, 1998). (Granted as to recycled automotive antifreeze.)
AS 99-3
Petition of Big River Zinc Corporation for an Adjusted Standard Under 35 Ill.
Adm. Code 720.131(c), AS 99-3 (Apr. 15, 1999). (Granted as to electric arc
furnace dust (otherwise K061 waste) used as feedstock for zinc refining.)
AS 00-1
Petition of Horsehead Resource Development Company, Inc. for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131(c), AS 00-1 (Aug. 5, 1999).
(Dismissed for failure to file proof of timely publication of a notice of filing.)
AS 00-2
Petition of Horsehead Resource Development Company, Inc. for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131(c), AS 00-2 (Feb. 17, 2000).
(Granted as to zinc oxide reclaimed from electric arc furnace dust (otherwise
K061 waste) used as feedstock for zinc refining.)

AS 01-7
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
recycled automotive antifreeze.)
AS 02-2
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 recycled automotive antifreeze.)
AS 06-4
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 electric arc furnace
dust (otherwise K061 waste) used as feedstock in a zinc reclamation process.)
AS 08-9
Petition of Big River Zinc Corp. for and Adjusted Standard Under 35 Ill.
Adm. Code 721.131(c), AS 08-9 (Sep. 4, 2008). (Revising the solid waste
determination made in 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).)
B. Petitions for Hazardous Waste Delistings.
The Board has considered several types of petitions for hazardous waste delisting. After
USEPA authorized Illinois to grant delistings, the Board received several petitions
requesting Board rulemaking action to delist hazardous wastes. These have included
petitions requesting the incorporation of federally granted waste delistings into the Illinois
rules using the identical-in-substance procedure of Section 22.4(a) of the Act. After the
Board adopted procedures for granting hazardous waste delisings using the adjusted
standard procedure of section 28.1 of the Act [415 ILCS 5/28.1] (see the entries for
RCRA Delistings, R90-17 (Feb. 28, 1991) in segments I.A.2. and I.A.7. above), the
adjusted standard procedure became the dominant mode for hazardous waste delisting in
Illinois.
1. Petitions for Inclusion of Federally Granted Delistings in the Illinois Regulations
Using the Identical-in-Substance Rulemaking Procedure.
The Board received several petitions for inclusion of federally granted hazardous
waste delisting in the Illinois regulations using the identical-in-substance rulemaking
procedure of section 22.4(a) of the Act [415 ILCS 5/22.4(a)]:
R85-2
Petition of Amoco Oil Company Amendment to 35 Ill. Adm. Code Part
721, Appendix I, R85-2 (Apr. 24, 1986); published at 10 Ill. Reg. 8112
(May 16, 1986), effective May 2, 1986. (A limited quantity of chemically
stabilized dissolved air floatation float (K048 waste).)
R87-30
Petition of Envirite Corporation, R87-30 (June 30, 1988); published at 12
Ill. Reg. 12070 (July 22, 1988), effective July 12, 1988. (Dewatered

wastewater treatment sludges from treatment of various listed hazardous
waste streams (F006, F007, F008, F009, F011, F012, F019, K002, K003,
K004, K005, K006, K007, K008, and K062 wastes). Superseded by the
adjusted standard in Petition of Envirite Corporation for an Adjusted
Standard from 35 Ill. Adm. Code 721.Subpart D, AS 94-10 (Dec. 14,
1994) (listed in segment II.B.4. below) and removed in RCRA Subtitle C
Update, USEPA Regulations (July 1, 1994, through December 31, 1994,
January 3, 1995, and May 19, 1995), R95-6 (June 1, 1995 and June 15,
1995) (listed in segment I.A.2. above).)
R91-12
Petition for USX Corporation for Hazardous Waste Delisting, R91-12
(Dec. 19, 1991); published at 16 Ill. Reg. 2155 (February 7, 1992),
effective January 27, 1992. (Granted as to chemically stabilized electric
arc furnace dust (K061 waste). Removed in RCRA Subtitle C Update,
USEPA Regulations (July 1, 2002 through December 31, 2002), R03-18
(June 5, 2003) (listed in segment I.A.2. above).)
2. Informal Request for Inclusion of a Federally Granted Delisting in the Illinois
Regulations in an Identical-in-Substance Update to the Regulations.
The Board granted one request for inclusion of a hazardous waste delisting in a
routine identical-in-substance RCRA Subtitle C update:
R95-20
RCRA Subtitle C Update, USEPA Regulations (January 1, 1995, through
June 30, 1995, July 7, 1995, September 29, 1995, November 13, 1995, and
June 6, 1996), R95-20 (June 20, 1996); published at 20 Ill. Reg. 10929
(Aug. 16, 1996), effective August 1, 1996 (also listed in segment I.A.2.
above). (For chemically stabilized electric arc furnace dust (K061 waste)
generated by Conversion Systems, Inc. at Sterling, Illinois.)
3. Petitions for a Board Grant of a Delisting Using the Site-Specific Rulemaking
Procedure.
USEPA authorized Illinois to grant waste delistings on April 30, 1990. Upon this
authorization, USEPA transferred pending delisting petitions to the Board. The
Board docketed these as site-specific rulemaking proceedings:
R90-18
USX Corporation, Southworks Delisting (Site-Specific), R90-18 (June 6,
1991). (Dismissed in favor of adopting the delisting by the identical-in-
substance procedure in Delisting Petition for USX Corporation (Identical
in Substance Rule), R91-12 (Dec. 19, 1991) (listed in segment II.B.1.
above).)
R90-19
Woodward Governor Company Delisting (Site-Specific), R90-19 (Nov. 8,
1990). (Voluntarily withdrawn.)

R90-22
Petition of Keystone Steel and Wire Co. for Hazardous Waste Delisting,
R90-22 (July 11, 1991). (Voluntarily withdrawn in favor of using the
adjusted standard procedure in Petition of Keystone Steel & Wire Co. for
Hazardous Waste Delisting, AS 91-1 (Feb. 6, 1992) (listed in segment
II.B.4. below).)
4. Petitions for a Board Grant of a Delisting Using the Adjusted Standard Procedure.
Waste generators have filed several adjusted standard petitions before the Board
pursuant to section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 720.122
for a hazardous waste delisting:
AS 91-1
Petition of Keystone Steel & Wire Co. for Hazardous Waste Delisting, AS
91-1 (Feb. 6, 1992). (Granted as to chemically stabilized electric arc
furnace dust (K061 waste).)
AS 91-3
Petition of Peoria Disposal Company for an Adjusted Standard from 35 Ill.
Adm. Code 721.Subpart D, AS 91-3 (Feb. 4, 1993). (Granted as to
chemically stabilized wastewater treatment sludges from electroplating,
anodizing, chemical milling and etching, and circuit board manufacturing
(F006 waste).)
AS 93-7
Petition of Keystone Steel & Wire Company for an Adjusted Standard
from 35 Ill. Adm. Code 721.132, AS 93-7 (Feb. 17, 1994, Mar. 17, 1994,
and Dec. 14, 1994). (Granted as to chemically stabilized waste pickling
liquor (K062 waste).)
AS 94-10 Petition of Envirite Corporation for an Adjusted Standard from 35 Ill.
Adm. Code 721.Subpart D, AS 94-10 (Dec. 14, 1994). (Granted as to
sludge from the treatment of multiple hazardous wastes (F006, F007,
F008, F009, F011, F012, F019, K002, K003, K004, K005, K006, K007,
K008, and K062 wastes); essentially incorporating and superseding the
delisting adopted by a site-specific identical-in-substance rule in R87-30
(listed in segment II.B.1. above).)
AS 96-6
Petition of Amoco Oil Company for an Adjusted Standard from 35 Ill.
Adm. Code 721.132, AS 91-4 (Mar. 11, 1992). (Denied as to wastewater
treatment solids and soils contaminated with dissolved air flotation float
(K048 waste).)
AS 05-3
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 failure to file proof of timely

publication of a notice of filing, lack of proof of service on the Agency,
and for deficiencies in the petition.)
AS 05-7
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
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 failure to file proof of timely publication of a notice of
filing.)
AS 07-1
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)).
AS 08-5
Petition of BFI Waste Systems of North America, Inc. for Waste Delisting,
AS 08-5 (Dec. 4, 2008). (Granted as to landfill leachate (F039 waste)).
AS 08-10 RCRA Delisting Adjusted Standard Petition of Peoria Disposal Co., AS
08-10 (Jan. 8, 2009) (Granted as to stabilized EAFD (K061 waste)).
C. Petitions for Boiler Determinations.
Distinguishing a “boiler” and “industrial furnace” from an “incinerator” determines the
regulations that apply to a combustion unit that burns hazardous waste. The distinction
determines the applicability of the hazardous waste incinerator standards of Subpart O of
35 Ill. Adm. Code 724 or Subpart O of 35 Ill. Adm. Code 725 or the boiler and industrial
furnace standards of Subpart H of 35 Ill. Adm. Code 726. The distinction further
determines applicability of the Comparable Fuels Exclusion of 35 Ill. Adm. Code
721.138 or allows the burning off-specification used oil for energy recovery under 35 Ill.
Adm. Code 739.161(a) of the Used Oil Management regulations.
After adoption of section 28.1 of the Act [415 ILCS 5/28.1], Board adopted procedures
for granting boiler determinations (see the entry for RCRA Update, USEPA Regulations
(April 24, 1984, through June 30, 1985), R85-22 (Dec. 20, 1985 and Jan. 9, 1986) (listed
in segment I.A.2. and I.A.7. above). Waste generators have filed a number of petitions
before the Board for an adjusted standard pursuant to section 28.1 and 35 Ill. Adm. Code
720.132 for a determination that a unit is a “boiler,” under the definition of that term in
35 Ill. Adm. Code 720.110:

AS 06-1
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
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.)
D. Petitions for Non-Waste Determination.
The amendments to the Definition of Solid Waste Rule adopted in RCRA Subtitle C
Update, USEPA Regulations (July 1, 2010 through December 31, 2010), R10-4 (Oct. 7,
2010) instituted a new procedure for a non-waste determination for reclaimed secondary
materials. The Board has not yet received an adjusted standard petition pursuant to
section 28.1 of the Act [415 ILCS 5/28.1] and 35 Ill. Adm. Code 720.134 for a non-waste
determination.
E. Petitions for Regulation as Universal Waste.
The adoption of the Universal Waste Rule in RCRA Subtitle C Update, USEPA
Regulations (January 1, 1995, through June 30, 1995, July 7, 1995, September 29, 1995,
November 13, 1995, and June 6, 1996), R95-20 (June 20, 1996) (listed in segment I.A.2.
above) instituted a new procedure for a determination by rulemaking pursuant to section
22.4(a), (b), or (c) of the Act [415 ILCS 5/22.4(a), (b), or (c)] that a material should be
regulated under the standards of the Universal Waste Management Rule instead of as
hazardous waste. The Board has not yet received an adjusted standard petition for
regulation of a material as universal watse.
F. Petitions for Adjusted Standard Relief from Permit Requirements.
The Board has heard adjusted standard petitions pursuant to section 28.1 of the Act [415
ILCS 5/28.1] for relief from HWM facility permit requirements:
AS 97-4
Petition of Ensign-Bickford Company for an Adjusted Standard from 35 Ill.
Adm. Code 703.183, AS 97-4 (June 19, 1997). (Denied as to the requirement
that topographic facility map accompany the facility permit application.)
AS 00-14 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 failure to file proof of timely publication of a notice of filing.)
AS 00-15 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). (Granted to
allow alternative permit application certification language).

G. Petitions for Adjusted Standard Relief from Substantive RCRA Subtitle C
Requirements.
The Board has heard adjusted standard petitions pursuant to section 28.1 of the Act [415
ILCS 5/28.1] for relief from substantive hazardous waste management requirements and
land disposal restrictions:
AS 90-6
Petition of Marathon Petroleum Company for an Adjusted Standard to Allow
Land Disposal of a Waste Prohibited Under 35 Ill. Adm. Code 728.130
through 728.139, AS 90-6 (Sep. 17, 1992). (Voluntarily dismissed.)
AS 90-8
Petition of Olin Corporation for an Adjusted Standard from 35 Ill. Adm. Code
724 and 725 (Related to Closure and Post Closure of RCRA Regulated
Surface Impoundments), AS 90-8 (Feb. 27, 1992). (Granted relief from
aspects of the land disposal unit closure requirements to allow delayed closure
of a surface impoundment.)
AS 91-4
Petition of Amoco Oil Company for an Adjusted Standard from 35 Ill. Adm.
Code 725.213(d)(1)(B) and 725.321(a), AS 91-4 (Mar. 11, 1992). (Granted
relief from aspects of the land disposal unit closure and surface impoundment
design requirements.)
AS 91-10 Petition of Cabot Corporation for an Adjusted Standard from 35 Ill. Adm.
Code 725.293, AS 91-10 (May 19, 1994). (Voluntarily dismissed.)
AS 97-3
Shell Wood River Refining Company for an Adjusted Standard from 35 Ill.
Adm. Code 725.213 and 725.321, AS 97-3 (May 15, 1997). (Granted as to the
liner and leachate collection system requirements for surface impoundments.)
AS 98-6
Wood River Refining Co., a Division of Equilon Enterprises LLC, f/k/a Shell
Wood River Refining Co., for an Adjusted Standard from 35 Ill. Adm. Code
725.213 and 725.321, AS 98-6 (Mar. 18, 1999). (Granted as to the liner and
leachate collection system requirements for surface impoundments.)
H. Petition for Delay in the Effective Date of a Waste Listing Using the Site-Specific
Emergency Rulemaking Procedure.
The Board considered temporary relief in the form of an emergency pursuant to section 5-
45 of the Administrative Procedure Act [5 ILCS 100/5-45] rule that would delay of the
effective date of a hazardous waste listing:
R91-11
Certain Hazardous Wastes from Primary Zinc Smelting and Refining, 35 Ill.
Adm. Code 721.104(b)(7)(U), R91-11 (Aug. 8, 1991). (Based on a petition
for variance filed by Big River Zinc Corp. Declining to adopt an emergency

rule to delay the effective date of the K066 waste listing in favor of action
undertaken in RCRA Update, USEPA Regulations (July 1, 1990, through
December 31, 1990), R91-1 (Aug. 8, 1991) (listed in segment I.A.2. above).)
I. Petitions for a Variance from Various Hazardous Waste Requirements.
The Board considered temporary relief in the form of a variance pursuant to section 35(a)
of the Act [415 ILCS 5/35(a)]. In Illinois, the maximum term of a variance is five years,
and obtaining a variance depends on a demonstration how the facility will ultimately
achieve compliance with the generally applicable requirements before the end of the
variance. See section 36(b) of the Act [415 ILCS 5/36(b)]. The limited number of
variance petitions filed before the Board are the following:
PCB 89-202
LaClede Steel Co. v. Illinois EPA, PCB 89-202 (Feb. 22, 1990). (Petition
dismissed after the petitioner failed cure deficiencies as directed by a
Board order. Seeking relief from the 35 Ill. Adm. Code 728.150
restrictions on storage of hazardous waste restricted for land disposal by
35 Ill. Adm. Code 728.133.)
PCB 91-61
Big River Zinc Corp. v. Illinois EPA, PCB 91-61 (May 6, 1991). (Petition
dismissed after the petitioner failed cure deficiencies as directed by a
Board order, and in favor of rulemaking action in Certain Hazardous
Wastes from Primary Zinc Smelting and Refining, 35 Ill. Adm. Code
721.104(b)(7)(U), R91-11 (Aug. 8, 1991) (listed in segment II.H. above).
Seeking extension of an exclusion from the definition of hazardous waste
at 35 Ill. Adm. Code 721.104(b)(7)(U) that expired by its own terms.)
PCB 91-228
Allsteel, Inc. v. Illinois EPA, PCB 91-228 (Feb. 27, 1992). (Petition
dismissed after the petitioner failed cure deficiencies as directed by a
Board order. Seeking to extend the time for on-site storage of hazardous
waste soil testing samples until disposal could be arranged.)
PCB 92-90
The Robertson-Ceco Corp. v. Illinois EPA, PCB 92-90 (Oct. 21, 1993).
(Denying modification of conditions in the Board order in The Robertson-
Ceco Corp. v. Illinois EPA, PCB 86-180 (Dec. 20, 1990) (permit appeal)
pertaining to closure of an interim status hazardous waste pile.)
PCB 94-177
Burlington Environmental, Inc. v. Illinois EPA, PCB 94-177 (Oct. 20,
1994). (Granting a variance from the limitations on the amount of acute
hazardous waste used under the treatability study exclusion from the
definition of hazardous waste at 35 Ill. Adm. Code 721.104(f)(3) and
(f)(4). Related to the petition for site-specific rulemaking in Revisions of
Treatability Testing Exclusion Limits, Amendments to 35 Ill. Adm. Code
721.104(f)(3) through (f)(5)), R94-18 (Jan. 11, 1995) (see the entry in
segment I.A.7. above).)

PCB 95-98
JLM Chemicals, Inc. v. Illinois EPA, PCB 95-98 (Sep. 7, 1995). (Denying
a determination that phenol production bottoms (K022 waste) are not
hazardous waste and denying the alternative request variance from the
hazardous waste requirements that hinder sale of the material because the
petitioner failed to demonstrate hardship: (1) the petitioner had already
come into compliance with the applicable hazardous waste requirements;
and (2) the costs of compliance are not an arbitrary or unreasonable
hardship.)
PCB 95-98
JLM Chemicals, Inc. v. Illinois EPA, PCB 95-98 (Sep. 7, 1995). (Denying
a determination that phenol production bottoms (K022 waste) are not
hazardous waste and denying the alternative request variance from the
hazardous waste requirements that hinder sale of the material because the
petitioner failed to demonstrate hardship: (1) the petitioner had already
come into compliance with the applicable hazardous waste requirements;
and (2) the costs of compliance are not an arbitrary or unreasonable
hardship.)
PCB 00-34
Clayton Chemical Acquisition, L.L.C. v. Illinois EPA, PCB 95-98 (Sep. 7,
1995). (Petition dismissed after the petitioner failed cure deficiencies as
directed by a Board order and because the Board could not grant the relief
sought: (1) relief from a permit condition relative to the time allowed for
closure of a hazardous waste management unit required by 35 Ill. Adm.
Code 724.213(a); (2) a declaration that a request for permit modification
was timely filed; (3) that grounds exist for issuance of a RCRA Part B
permit; and (4) a declaration that an air operating permit issued by
operation of law.)
III.History of Illinois UIC Regulations
A historical outline of Board adoption of the Illinois UIC regulations follows. The outline
lists all Board actions taken to adopt and maintain the Illinois hazardous waste regulations
since their inception. The outline includes a listing of all rulemaking, adjusted standard, and
variance proceedings before the Board that relate to the (UIC) programs. The end of this
outline also includes another item related to the rules: references to USEPA authorizations of
the Illinois UIC program.
A. Adoption of UIC Regulations.
The Board adopted the initial Illinois UIC regulations in 1982, and has amended UIC
regulations pursuant to the identical-in-substance mandate of section 7.2 and 13(c) of the
Act [415 ILCS 5/13(c)] in several dockets to correspond with the federal regulations. The
entire listing of all UIC rulemakings follows:

R81-32
Underground Injection Control (UIC), R81-32 (May 13, 1982); published at 6
Ill. Reg. 12479 (Oct. 15, 1982), effective February 1, 1984.
R82-18
Amendments to Phase I RCRA Rules, R82-18 (Jan. 13, 1983); published at 7
Ill. Reg. 2518 (Mar. 4, 1983), effective May 17, 1982. (Federal rules and
amendments adopted by USEPA during the period November 11, 1981,
through June 24, 1982 (also listed in segment I.A.2. above). Combining UIC
rules into a RCRA Subtitle C docket. See the entry in segment I.A.1.b.
above.)
R83-39
Amendment of 35 Ill. Adm. Code 704.122 (Underground Injection Control),
R83-39 (Dec. 15, 1983); published at 7 Ill. Reg. 17338 (Dec. 20, 1983),
effective December 19, 1983. (Amendments adopted by USEPA on April 1,
1983.)
R84-9
RCRA and UIC Update, R84-9 (June 13, 1985 and June 27, 1985); published
at 9 Ill. Reg. 11964 (Aug. 2, 1985), effective July 8, 1985 and July 24, 1985.
(Federal rules and amendments adopted by USEPA during the period
January 19, 1983, through April 24, 1984. See the entry in segment I.A.1.b.
above.)
R85-23
UIC Update, USEPA Regulations (through June 30, 1985), R85-23 (June 20
and July 11, 1986); published at 10 Ill. Reg. 13274 (Aug. 8, 1986), effective
July 28, 1986 and July 29, 1986.
R86-27
UIC Update, USEPA Regulations (July 1, 1986 through December 31, 1986),
R86-27 (Apr. 16, 1987). (Dismissed; no USEPA amendments in the update
period.)
R87-29
UIC Update, USEPA Regulations (January 1, 1987 through June 30, 1987),
R87-29 (Jan. 21, 1988); published at 12 Ill. Reg. 6673 (Apr. 8, 1988),
effective March 28, 1988.
R88-2
UIC Update, USEPA Regulations (July 1, 1987 through December 31, 1987),
R88-2 (June 30, 1988); published at 12 Ill. Reg. 13700 (Aug. 26, 1988),
effective August 16, 1988.
R88-17
UIC Update, USEPA Regulations (January 1, 1988 through June 30, 1988),
R88-17 (Dec. 15, 1988); published at 13 Ill. Reg. 478 (Jan. 13, 1989),
effective December 30, 1988.
R89-2
UIC Update, USEPA Regulations (July 1, 1988 through December 31, 1988,
(Jan. 25, 1990), R89-2; published at 14 Ill. Reg. 3059 (Mar. 2, 1990), effective
February 20, 1990.

R89-11
UIC Update, USEPA Regulations (January 1, 1989 through June 30, 1989),
R89-11 (May 24, 1990); published at 14 Ill. Reg. 11948 (July 20, 1990),
effective July 9, 1990.
R90-5
UIC Update (July 1, 1989 through December 31, 1989), R90-5 (Mar. 22,
1990). (Dismissed; no USEPA amendments in the update period.)
R90-14
UIC Update, USEPA Regulations (January 1, 1990 through June 30, 1990),
R90-14 (May 23, 1991); published at 15 Ill. Reg. 11425 (Aug. 9, 1991),
effective July 24, 1991.
R91-4
UIC Update, USEPA Regulations (July 1, 1990 through December 31, 1990),
R91-4 (Feb. 28, 1991). (Dismissed; no USEPA amendments in the update
period.)
R91-16
UIC Update, USEPA Regulations (January 1, 1991 through June 30, 1991),
R91-16 (Dec. 6, 1991). (Dismissed; no USEPA amendments in the update
period.)
R92-4
UIC Update, USEPA Regulations (July 1, 1990 through December 31, 1990),
R92-4 (Apr. 9, 1992). (Dismissed; no USEPA amendments in the update
period.)
R92-13
UIC Update, USEPA Regulations (January 1, 1992 through June 30, 1992),
R92-13 (Feb. 4, 1993); published at 17 Ill. Reg. 6190 (Apr. 16, 1993),
effective April 5, 1993.
R93-6
UIC Update, USEPA Regulations (July 1, 1992 through December 31, 1992),
R93-6 (Aug. 5, 1993); published at 17 Ill. Reg. 15641 (Sep. 24, 1993),
effective September 14, 1993.
R93-17
UIC Update, USEPA Regulations (January 1, 1993 through June 30, 1993),
R93-17 (Sep. 23, 1993). (Dismissed; no USEPA amendments in the update
period.)
R94-5
UIC Update, USEPA Regulations (July 1, 1993 through December 31, 1993),
R94-5 (Nov. 3, 1994); published at 18 Ill. Reg. 18244 (Dec. 23, 1994),
effective December 20, 1994.
R94-24
UIC Update, USEPA Regulations (January 1, 1994 through June 30, 1994),
R94-24 (Oct. 6, 1994). (Dismissed because the Board completed action on the
UIC amendments in RCRA Subtitle C Update, USEPA Regulations
(January 1, 1994, through June 30, 1994), R94-17 (Oct. 20, 1994) (listed in
segment I.A.2. above).)

R95-4
UIC Update, USEPA Regulations (July 1, 1994 through December 31, 1994),
R95-4 (June 1, 1995 and June 15, 1995); published at 19 Ill. Reg. 9501
(July 14, 1995), effective June 27, 1995. (Consolidated with RCRA Subtitle
C Update, USEPA Regulations (July 1, 1994, through December 31, 1994,
January 3, 1995, and May 19, 1995), R95-6 (June 1, 1995 and June 15, 1995)
(listed in segment I.A.2. above).)
R95-18
UIC Update, USEPA Regulations (January 1, 1995 through June 30, 1995),
R95-18 (Oct. 5, 1995). (Dismissed; no USEPA amendments in the update
period.)
R96-8
UIC Update, USEPA Regulations (July 1, 1995 through December 31, 1995),
R96-8 (Feb. 15, 1996). (Dismissed; no USEPA amendments in the update
period.)
R97-3
UIC Update, USEPA Regulations (January 1, 1996 through June 30, 1996),
R97-3 (Nov. 6, 1997); published at 22 Ill. Reg. 256 (Jan. 2, 1998), effective
December 16, 1997. (Consolidated with RCRA Subtitle C Update, USEPA
Regulations (July 1, 1995, through December 31, 1995), R96-10 (Nov. 6,
1997) and RCRA Subtitle C Update, USEPA Regulations (January 1, 1996,
through June 30, 1996), R97-5 (Nov. 6, 1997) (listed in segment I.A.2.
above).)
R97-19
UIC Update, USEPA Regulations (July 1, 1996 through December 31, 1996),
R97-19 (May 1, 1997). (Dismissed; no USEPA amendments in the update
period.)
R98-3
UIC Update, USEPA Regulations (January 1, 1997 through June 30, 1997),
R98-3 (Aug. 20, 1998); published at 22 Ill. Reg. 17930 (Oct. 9, 1998),
effective September 18, 1998. (Consolidated with RCRA Subtitle C (HW)
Update, USEPA Regulations (July 1, 1996, through December 31, 1996),
R97-21 (Aug. 20, 1998) and RCRA Subtitle C Update, USEPA Regulations
(January 1, 1997, through June 30, 1997), R98-5 (Aug. 20, 1998) (both listed
in segment I.A.2. above).)
R98-19
UIC Update, USEPA Regulations (July 1, 1997 through December 31, 1997),
R98-19 (Feb. 19, 1998). (Dismissed; no USEPA amendments in the update
period.)
R99-7
UIC Update, USEPA Regulations (January 1, 1998 through June 3, 1998),
R99-7 (Dec. 17, 1998); published at 23 Ill. Reg. 1695 (Feb. 5, 1999), effective
January 19, 1999. (Consolidated with RCRA Subtitle C Update, USEPA
Regulations (July 1, 1997, through December 31, 1997), R98-21 (Dec. 17,
1998) and RCRA Subtitle C Update, USEPA Regulations (January 1, 1998,

through June 30, 1998), R99-2 (Dec. 17, 1998) (both listed in segment I.A.2.
above).)
R99-13
UIC Update, USEPA Regulations (July 1, 1998 through December 31, 1998),
R99-13 (Feb. 18, 1999). (Dismissed; no USEPA amendments in the update
period.)
R00-3
UIC Update, USEPA Regulations (January 1, 1999 through June 3, 1999),
R00-3 (Aug. 19, 1999). (Dismissed; no USEPA amendments in the update
period.)
R00-11
UIC Update, USEPA Amendments (July 1, 1999 through December 31,
1999), R00-11 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Dec. 22, 2001),
effective December 7, 2001. (Consolidated with UIC Update, USEPA
Regulations (Jan. 1, 2000 through June 30, 2000), R01-1 (Dec. 7, 2000) (listed
in this segment III.A.)
R01-1
UIC Update, USEPA Amendments (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 UIC Update, USEPA
Regulations (July 1, 1999 through December 31, 1999), R00-11 (Dec. 7,
2000) (listed in this segment III.A.).)
R01-21
UIC Update, USEPA Amendments (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 RCRA Subtitle C Update, USEPA
Regulations (July 1, 2000 through December 31, 2000), R01-23 (May 17,
2001) (listed in segment I.A.2. above).)
R01-30
UIC Corrections, USEPA Amendments (July 1, 1999 through June 30, 1999),
R01-30 (Aug. 9, 2001); published at 25 Ill. Reg. 11139 (Aug. 31, 2001),
effective April 22, 2002. (Correcting the amendments adopted in UIC Update,
USEPA Regulations (July 1, 1999 through December 31, 1999), R00-11 and
UIC Update, USEPA Regulations (Jan. 1, 2000 through June 30, 2000), R01-1
(Dec. 7, 2000) (both listed in this segment III.A.) in response to post-adoption
comments by USEPA.)
R02-6
UIC Update, USEPA Regulations (January 1, 2001 through June 3, 2001),
R02-6 (Aug. 23, 2001). (Dismissed; no USEPA amendments in the update
period.)
R02-17
UIC Update, USEPA Amendments (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,
USEPA Regulations (January 1, 2001 through June 30, 2001), R02-1 (Apr. 18,

2002) and RCRA Subtitle C Update, USEPA Regulations (July 1, 2001
through December 31, 2001), R02-12 (Apr. 18, 2002) (both listed in segment
I.A.2. above)..)
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 Corrections, USEPA Amendments (January 1, 2005 through June 30,
2005), R06-5 (Jan. 5, 2006 and Feb. 2, 2006); published at 30 Ill. Reg. 2845
(Mar. 10, 2006), effective February 23, 2006. (Consolidated with RCRA
Subtitle D Update, USEPA Amendments (July 1, 2005 through December 31,
2005), R06-6 (Jan. 5, 2006 and Feb. 2, 2006) and RCRA Subtitle C Update,
USEPA Amendments (July 1, 2005 through December 31, 2005), R06-7 (Jan.
5, 2006 and Feb. 2, 2006) (listed in segment I.A.2. above).)
R06-16
UIC Update, USEPA Regulations (July 1, 2005 through December 31, 2005),
R06-16 (Nov. 16, 2006); published at 31 Ill. Reg. 438 (Jan. 12, 2008),
effective December 20, 2007. (Consolidated with RCRA Subtitle D Update,
USEPA Amendments (July 1, 2005 through December 31, 2005), R06-17
(Nov. 16, 2006) and RCRA Subtitle C Update, USEPA Amendments (July 1,
2005 through December 31, 2005), R06-18 (Nov. 16, 2006) (listed in segment
I.A.2. above).)
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.)
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.)
R09-14
UIC Update, USEPA Regulations (January 1, 2010 through June 30, 2010),
R09-14 (Feb. 19, 2009). (Dismissed because no federal actions in the period.)
R10-2
UIC Update, USEPA Regulations (July 1, 2010 through December 31, 2010),
R10-2 (Aug. 20, 2009). (Dismissed because no federal actions in the period.)
R10-11
UIC Update, USEPA Regulations (July 1, 2009 through December 31, 2009),
R10-11 (Apr. 1, 2010). (Dismissed because no federal actions in the period.)
R11-7
UIC Update, USEPA Regulations (January 1, 2010 through June 30, 2010),
R11-7 (Aug. 5, 2010). (Dismissed because no federal actions in the period.)
R11-14
UIC Update, USEPA Amendments (July 1, 2010 through December 31,
2010), R11-14 (January 5, 2012); effective January 20, 2012.
R12-5
UIC Update, USEPA Regulations (January 1, 2011 through June 30, 2011),
R12-5 (Aug. 4, 2011). (Dismissed because no federal actions in the period.)
R12-18
UIC Update, USEPA Regulations (July 1, 2011 through December 31, 2011),
R12-18 (Feb. 2, 2012). (Dismissed because no federal actions in the period.)
R13-3
UIC Update, USEPA Regulations (January 1, 2012 through June 30, 2012),
R13-3 (Aug. 23, 2012). (Dismissed because no federal actions in the period.)
B. Other UIC Actions.
1. Department of Energy and Natural Resources Study of UIC Regulations.
The Board opened a docket to consider possible amendments to the UIC regulations
in response to a study conducted by the Department of Energy and Natural Resources
pursuant to the then-current section 6.2 of the Act (Ill. Rev. Stat. 1989, ch 111½,
¶ 1006.2). That proceeding was as follows:
R81-32
The Illinois Department of Energy and Natural Resouces Evaluation of
Underground Injection Control, R89-15 (May 21, 1992). (Dismissed
without rulemaking action.)

2. Petitions for No-Migration Exemptions.
The Board has considered petitions for relief from a UIC land disposal restriction
based on a “no-migration exception” that would allow continued injection of
hazardous waste. The initial petition sought relief by general rulemaking pursuant to
section 27 of the Act [415 ILCS 5/27]. Later petitions sought relief by the adjusted
standard procedure pursuant to section 28.1 of the Act [415 ILCS 5/28.1].
a. Petition for No-Migration Exemptions by General Rulemaking.
R92-16
Petition of Cabot Corp. to Update UIC Regulations, or, in the
Alternative, for an Adjusted Standard from 35 Ill. Adm. Code
738.Subpart B, R92-16 (Aug. 13, 1992). (Dismissed in favor of
proceeding under the adjusted standard procedure in Petition of Cabot
Corporation for Adjusted Standard from 35 Ill. Adm. Code
738.Subpart B, AS 92-8 (Feb. 17, 1994) (listed in this segment
III.B.2.b. below).)
b. Petitions for No-Migration Exemptions by Adjusted Standard.
The Board has received adjusted standard petitions for a “no migration
determination” to allow the continued underground injection of hazardous waste:
AS 92-8
Petition of Cabot Corporation for Adjusted Standard from 35 Ill. Adm.
Code 738.Subpart B, AS 92-8 (Feb. 17, 1994). (Granted no migration
exception to allow continued injection of acidic waste from various
sources (D002 waste); spent acetone from a laboratory (F003 waste);
and contaminated surface water, seepage, leachate, and groundwater
from the site (F039 waste). See the entries in this segment III.B.2.b.
and segments III.B.2.a. above and III.B.2.c. below.)
AS 96-3
Petition of Cabot Corporation for Adjusted Standard from 35 Ill. Adm.
Code 738.Subpart B, AS 92-8 (Mar. 7, 1996). (Granted to expansion
of the exemption granted in Petition of Cabot Corporation for Adjusted
Standard from 35 Ill. Adm. Code 738.Subpart B, AS 92-8 (Feb. 17,
1994) (listed in this segment III.B.2.b.) to include an additional
injection well.)
AS 07-5
Petition of Cabot Corporation for Adjusted Standard from 35 Ill. Adm.
Code 738.Subpart B, AS 07-5 (May 17, 2007). (Dismissed for failure
to file proof of timely publication of a notice of filing; seeking
modification of the exemption granted in Petition of Cabot
Corporation for Adjusted Standard from 35 Ill. Adm. Code

738.Subpart B, AS 96-3 (Mar. 7, 1996) (listed in this segment
III.B.2.b.).)
AS 07-6
Petition of Cabot Corporation for Adjusted Standard from 35 Ill. Adm.
Code 738.Subpart B, AS 07-6 (Oct. 7, 2010). (Granting modification
of a condition to the exemption granted in Petition of Cabot
Corporation for Adjusted Standard from 35 Ill. Adm. Code
738.Subpart B, AS 96-3 (Mar. 7, 1996) (listed in this segment
III.B.2.b.) to allow injection into two of the three previously approved
injection wells).
AS 12-1
Petition of Cabot Corporation for Adjusted Standard from 35 Ill. Adm.
Code 738.Subpart B, AS 12-1 (Nov. 18, 2010) (accepted for hearing).
(Requesting modification of the exemption granted in Petition of
Cabot Corporation for Adjusted Standard from 35 Ill. Adm. Code
738.Subpart B, AS 07-6 (Nov.. 18, 2010) (listed in this segment
III.B.2.b.).)
3. Petitions for a Variance from UIC Requirements.
The Board has received petitions for a variance from specific underground injection
control regulations:
PCB 92-179
Cabot Corp. v. Illinois EPA, PCB 92-179 (Mar. 7, 1993). (Granting a
variance from the casing inspection log requirements of 35 Ill. Adm.
Code 730.168(d)(4); declining a variance from permit requirements.)
PCB 94-155
Cabot Corp. v. Illinois EPA, PCB 92-179 (Mar. 7, 1993). (Granting
modification of the variance granted in Cabot Corp. v. Illinois EPA,
PCB 92-179 (Mar. 7, 1993) (listed in this segment III.B.3..)
C. USEPA Authorizations of the Illinois UIC Program.
USEPA periodically reviews the Illinois UIC program. As a result of these reviews,
USEPA has granted Illinois a number of authorizations. USEPA acted with regard to
authorization of the Illinois UIC program as follows:
February 1, 1984 (at 49 Fed. Reg. 3991), effective March 3, 1984 (authorization of
the State UIC program).
May 11, 1984 (at 49 Fed. Reg. 20197) (codified the program authorization as subpart
O of 40 C.F.R. 147 (40 C.F.R. 147.700-147.702).

October 25, 1988 (at 53 Fed. Reg. 43080, 43087) (amended 40 C.F.R. 147.700 and
147.701 and added 40 C.F.R. 147.702 in an action that affected multiple state
programs with regard to regulation of wells on Indian lands within each state.)

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