ILLINOIS POLLUTION CONTROL BOARD
    March
    16,
    1995
    IN THE MATTER OF:
    )
    SPECIAL WASTE HAULING
    )
    R95-11
    VEHICLE NUMBERS: AMENDMENT TO
    )
    (Rulemaking—Land)
    35 ILL. ADM. CODE 809.40?
    )
    ORDER OF THE
    BOARD
    (by C.A. Manning):
    Today,
    on our own motion pursuant to Section 28(a)
    of the
    Environmental Protection Act (415 ILCS 5/28(a)), we are opening
    this rulemaking docket for the purpose of amending the “Vehicle
    Numbers” provision of the Special Waste Hauling regulations,
    35
    Ill.
    Adin. Code Part 809.
    We are initiating this rulemaking at
    the request of the American Trucking Association
    (ATA) who
    notified the Board by letter dated February 22,
    1995’, that
    Section 809.401 as
    it is currently written, may be subject to a
    preemption ruling by the United States Department of
    Transportation
    (U.S.DOT).
    On February
    2,
    1994, U.S.DOT issued a final administrative
    determination finding that certain provisions of Michigan’s
    statute and regulations requiring the marking of motor vehicles
    used to transport liquid industrial wastes and hazardous wastes,
    were preempted by federal
    law.
    (59
    Federal Register
    6186
    (February 9,
    1994).)
    ATA believes that because
    Illinois’ vehicle
    numbers provision at Section 809.401
    is substantially similar to
    that of Michigan’s,
    Section 809.401 should be amended to reflect
    the U.S.DOT’s final determination.
    This rulemaking would thus consider amending Section 809.401
    by deleting the current provision found at that section and
    replacing it with new language.
    The ATA has suggested language
    which was drafted jointly with the Illinois Environmental
    Protection Agency
    (Agency)
    and which both the ATA and the Agency
    agree would cure the preemption cloud over Section 809.401.
    The
    suggested language provides:
    The owner and operator of any vehicle, except truck
    tractors as defined in Subpart A, which
    is used to
    transport special waste shall list each such vehicle on
    the special waste hauling permit application.
    Upon
    issuance of a special waste hauling permit, the owner
    and operator of any such vehicle used to transport
    special waste shall maintain within the vehicle a
    legible photocopy of the special waste hauling permit.
    Issuance of the special waste hauling permit shall be
    disclosed by the owner and operator of the vehicle to
    1The American Trucking Association
    letter has been marked by the Board
    as Public Comment
    #1.
    2
    any representative of the State of Illinois
    (including,
    but not limited to, the Agency) or any treatment,
    storage,
    or disposal facility which has handled,
    is
    handling,
    or will handle the special waste.
    Upon
    request by such representative,
    the photocopy shall be
    made available by the owner and operator of the vehicle
    for review.
    The owner and operator of the vehicle
    shall also comply with any otherwise applicable federal
    regulations.
    The new language would replace Section 809.401 which currently
    provides:
    Upon issuance of a special waste hauling permit, the
    owner and operator of any vehicle used to transport
    special waste except truck tractors as defined in
    Subpart A shall display a number issued by the Agency
    on opposite sides of the permitted vehicle following
    the words,
    “Licensed Special Waste Hauler:
    (number).”
    Numbers and letters shall not be less than two inches
    high and shall be removable only by destruction.
    Directly adjacent to said words and number, the vehicle
    owner and operator shall display a seal furnished by
    the Agency which shall designate the date on which the
    permit was
    issued.
    Accordingly, we authorize at least two hearings to be held
    in the State of Illinois as any rule change resulting from this
    rulemaking would have state-wide applicability.
    (415
    ILCS
    5/28(a).)
    However,
    at this juncture, we will not send this
    matter to First Notice as a Board proposal until we have had
    sufficient opportunity to hold hearings and receive either
    testimony or public comment from any interested participants.
    (35 Ill. Adm. Code Sections 102.160 and 102.342.)
    In the ATA’s
    February 22nd letter, the ATA has offered to testify in support
    of the amendment and therefore, we anticipate that the ATA will
    provide testimony at the first scheduled hearing.
    We also invite
    the Illinois Environmental Protection Agency to provide testimony
    and/or public comment regarding any change to Section 809.401.
    A hearing officer order shall be issued in the near future
    establishing the dates,
    locations and times for hearing,
    in
    addition to scheduling due dates for pre-filed testimony or
    questions,
    and a public comment period.
    All questions concerning
    this docket may be addressed to the hearing officer, Musette
    H.
    Vogel at
    (217)
    524—8509.
    3
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day of
    ‘7?~i
    ~
    ,
    1995,
    by a vote of
    Dorothy M. 94n,
    Clerk’
    Illinois Po~1~’utionControl Board

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