1’

ILLINOIS REGISTER

1

09

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

1)

Heading

of the Part: Standards

for the Management of Used Oil

2)

Code Citation:

35 Iii. Adm. Code 739

3)

Section Numbers:

Proposed Action:

CLERKs

739.146739.156

AmendAmend

SEp

o

82009

739.165

Amend

PoliutIo

STITE

739.174

Amend

OI*oI

Board

4)

Statutory

Authority: Implementing Sections

21, 22, 22.01 and 22.9, and authorized by

Section 27

of the Environmental Protection Act [415

ILCS 5/21, 22, 22.01, 22.9, 27]

5)

A Complete

Description of the Subjects and Issues Involved:

For

a

more detailed

description of this

rulemaking, see the Board’s August 20, 2009 opinion and

order

Proposed Amendments to the

Board’s

Special

Waste Regulations Concerning Used Oil:

35 Ill. Adm.

Code 739, 808, 809

(R06-20). NORA, an Association of Responsible

Recyclers,

formerly known as the National Oil Recycling

Association,

initiated

these

amendments by filing an amended

rulemaking proposal with the Board on September 22,

2008. The

proposed amendments are

intended

to

exempt from the manifesting

requirements

of Parts 808 and 809 (35 Ill. Adm. Code 808, 809),

used oil that is defined

by,

and

managed in accordance with, Part 739 (35 Ill.

Adm.

Code 739)

and also to

exempt from

those requirements four specific mixture of used

oil and other materials.

The

proposal also amends used oil tracking provisions in Part 739 to

include information

required by a

manifest for those specified mixtures.

6)

Published

studies or reports, and sources of

underlying data, used to compose this

rulemaking: NORA, which filed this

rulemaking with the Board, did not use a published

study or

report in developing its original or amended

proposal.

7)

Will this

rulemaking replace any emergency rulemakings

currently in effect?:

No

8)

Does

this rulemaking

contain an automatic repeal date? No

9)

Does this

rulemaking contain incorporations by reference? No

10)

Are

there any other rulemakings pending on this Part? No

11)

Statement

of Statewide Policy Objectives: The proposed amendments do not create or

---

ILLiNOIS

REGISTER

2

09

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

expand a State mandate as defined in Section 3 of the State Mandates Act

[30 ILCS 805].

12)

Time, place and manner in which interested persons

may comment on this proposed

rulemaking: The Board will accept written

public comment on this proposal for a period

of 45 days

after the

date of this

publication.

Comments should reference docket R06-20

and be addressed to:

Clerk’s Office

Illinois Pollution Control Board

Thompson Center, Suite 11-500

100

W.

Randolph St.

Chicago IL 60601

Address

questions

to Tim

Fox

at

312/814-6085.

Interested persons may request copies of the Board’s opinion and

order by calling the

Clerk’s office at 312/814-3620, or download

them from the Board’s Web site at

www.ipcb.state.il.us.

13)

Initial regulatory flexibility analysis:

A)

Types

of small

businesses, small municipalities, and not-for-profit corporations

affected:

NORA, a trade association of companies providing used oil collection

and

recycling

services, originally proposed these regulations. The substantive

amendments

affect any generators and transporters of used oil defined

by, and

managed in accordance with,

the Board’s used oil management regulations.

B)

Reporting, bookkeeping or

other procedures required for compliance: None

C)

Types of professional skills

necessary for compliance: None

14)

Regulatory Agenda on which this rulemaking

was

summarized:

January 2008

The full text of

the Proposed Amendments

begins on the next page:

---

TITLE

35:

SUBTITLE G:

CHAPTER I:

SUBCHAPTER

ENVIRONMENTAL PROTECTION

WASTE

DISPOSAL

POLLUTION CONTROL BOARD

C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

739

STANDARDS FOR THE

MANAGEMENT OF USED OIL

SUBPART A:

Section

DEFINITIONS

739.100

Definitions

SUBPART B:

Section

SUBPART C:

Section

SUBPART D:

APPLICABILITY

STANDARDS FOR USED OIL

GENERATORS

STANDARDS FOR USED OIL COLLECTION CENTERS

Do-It-Yourselfer Used Oil Collection Centers

Used

Oil Collection Centers

Used

Oil Aggregate Points

Owned

by

the Generator

SUBPART E:

STANDARDS FOR USED OIL

TRANSPORTER

AND

TRANSFER FACILITIES

Applicability

Restrictions on Transporters that Are Not Also

Processors

Notification

Used

Oil Transportation

Rebuttable Presumption for Used Oil

Used

Oil Storage at Transfer Facilities

Tracking

Management of Residues

SUBPART F:

STANDARDS FOR USED OIL PROCESSORS

Applicability

Notification

General

Facility Standards

739.110

739.111

739.112

739.113

Applicability

Used Oil Specifications

Prohibitions

Electronic Reporting

739.120

739.121

739.122

739.123

739.124

Applicability

Hazardous Waste Mixing

Used Oil Storage

On-Site Burning

in

Space

Heaters

Off-Site

Shipments

AND

AGGREGATION POINTS

Section

739.130

739.131

739.132

Section

739.140

739.141

739.142

739.143

739.144

739.145

739.146

739.147

Section

739.150

739.151

739.152

---

739.153

Rebuttable

Presumption for

Used

Oil

739.154

Used Oil

Management

739.155

Analysis

Plan

739.156

Tracking

739.157

Operating Record and Reporting

739.158

Off-Site Shipments of Used Oil

739.159

Management of Residues

SUBPART

G:

STANDARDS FOR USED OIL BURNERS THAT BURN

OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY

Section

739.160

Applicability

739.161

Restriction on

Burning

739.162

Notification

739.163

Rebuttable Presumption

for

Used

Oil

739.164

Used Oil Storage

739.165

Tracking

739.166

Notices

739.167

Management of Residues

SUBPART H:

STANDARDS FOR USED OIL

FUEL MARKETERS

Section

739.170

Applicability

739.171

Prohibitions

739.172

On-Specification Used Oil Fuel

739.173

Notification

739.174

Tracking

739.175

Notices

SUBPART I:

DISPOSAL OF USED OIL

Section

739.180

Applicability

739.181

Disposal

739.182

Use

As a Dust Suppressant

AUTHORITY:

Implementing Sections 7.2 and 22.4 and authorized by Section 27 of

the

Environmental Protection Act

[415

ILCS 5/7.2, 22.4, and

27]

SOURCE:

Adopted in R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993;

amended in

R93-16 at 18 Ill. Reg. 6931, effective April 26, 1994; amended in

R94-17 at 18

Ill. Reg. 17616, effective November 23, 1994; amended in R95-6

at

19 Ill. Reg.

10036, effective June 27, 1995; amended in R96-lO/R97-3/R97-5

at

22

Ill. Reg. 767,

effective December 16, 1997; amended in R98-21/R99-2/R99-7

at

23

Ill. Reg.

2274, effective January 19, 1999; amended in R04-16 at 28 Ill. Reg.

10706,

effective July 19, 2004; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg.

4094, effective February 23, 2006; amended in R06-l6/R06-17/R06-18 at 31 Ill.

Reg.

1413,

effective December 20,

2006;

amended in R07-5/R07-14

at

32 Ill.

Reg.

13047,

effective July 14, 2008; amended in R06-20

at 33

Ill. Reg.

—,

effective

SUBPART E:

STANDARDS FOR USED OIL TRANSPORTER

AND TRANSFER FACILITIES

Section 739.146

Tracking

---

a)

Acceptance.

A used oil

transporter

must keep a record of each used

oil

shipment accepted

for transport.

Records

for each shipment must include the

following:

1)

The name and

address of the generator, transporter, or processor that

provided the used

oil for transport;

2)

The USEPA

identification number and Illinois special waste identification

number

(if

applicable)

of the generator, transporter, or processor that provided

the used

oil for transport;

3)

The

quantity of used oil accepted;

4)

The date

of acceptance; and

5)

The signature.

A)

Except as

provided in subsection

(a) (5) (B)

of this Section, the signature,

dated upon

receipt of the used oil, of a representative of the generator,

transporter, or

processor or re-refiner that provided the used oil for

transport.

B)

An

intermediate rail transporter is not required to sign the record of

acceptance.

6)

If the

transporter has accepted any shipment of mixtures of used

oil

and

materials

identified in 35 Ill. Adm. Code

808.121(b) (6),

the transporter must

also keep a

record including the following:

A)

Information

stating when and where the special waste was generated;

B)

The

classification and quantity of the special waste delivered to the

transporter;

C)

Any

special handling instructions pertinent to emergency personnel in the

event of an

accident; and

U)

A

generator’s certification

as

follows: “I hereby declare that the

contents of

this consignment are fully and accurately described above by the

proper

shipping name, and are classified, packaged, marked and

labeled/placarded, and are in all respects in proper condition for transport

according

to

applicable international and national

governmental regulations.

If

export shipment and I am the Primary

Exporter, I certify that the contents

of

this consignment

conform

to

the terms of the attached EPA Acknowledgement of

Consent. I

certify that the waste minimization statement identified in 40 CFR

262.27(a) (if

I am

a

large quantity generator) or

(b) (if

I am a small quantity

generator)

is true.”

b)

Deliveries. A used oil transporter must keep a record of each shipment of

used

oil that is delivered to another used oil transporter, or to a used oil

burner,

processor, or disposal facility. Records of each delivery must include

the

following:

1)

The name and address of the receiving facility or transporter;

---

2)

The USEPA

identification number and Illinois special waste identification

number of the

receiving facility or transporter;

3)

The quantity

of

used

oil delivered;

4)

The

date

of

delivery;

5)

The signature.

A)

Except as

provided in subsection

(b) (5) (B)

of this Section, the signature,

dated upon

receipt of the used oil, of a representative of the receiving

facility or transporter.

B)

An intermediate rail transporter is not required to sign the

record

of

acceptance.

c)

Exports of used oil. A used oil transporter must maintain the records

described

in subsections

(b) (1)

through

(b) (4)

of this Section for

each

shipment

of used

oil exported to any foreign country.

d)

Record

retention. The records described in subsections

(a), (b),

and

(c)

of this

Section must be maintained for at least three years.

(Source:

Amended at 33 Ill. Reg.

effective

SUBPART F:

STANDARDS FOR USED OIL PROCESSORS

Section 739.156

Tracking

a)

Acceptance. A used

oil processor must keep

a

record of each

used

oil

shipment accepted

for processing. These records may take the form of

a

log,

invoice, manifest,

bill of lading or other shipping documents. Records for each

shipment must

include the following information:

1)

The name and address of the transporter that delivered the used oil to the

processor;

2)

The name

and address of the generator or processor from whom the used oil

was sent for

processing;

3)

The

USEPA identification number and Illinois special waste identification

number of

the transporter that delivered the used oil to the processor;

4)

The

USEPA identification number and Illinois special waste identification

number

(if

applicable) of the generator or processor from whom the used oil was

sent for

processing;

5)

The

quantity of

used

oil accepted; and

6)

The date

of acceptance.

7)

If the

transporter has

accepted

any shipment of

mixtures of used

oil

and

materials identified

in

35

Ill. Adm.

Code

808.121(b)

(6),

the

transporter

must

also keep a

record including the following:

A)

Information stating when and where the special waste was generated;

---

B)

The

classification

and

quantity

of the special waste delivered

to the

transporter;

C)

Any

special

handling instructions

pertinent to emergency personnel n the

event

of an

accident; and

0)

A generator’s certification

as

follows:

“I hereby declare that the

contents

of this

consignment are fully

and accurately described above by the

proper

shipping

name, and are classified,

packaged, marked and

labeled/placarded, and are in all respects

in proper condition for transport

according to

applicable international

and national governmental regulations. If

export shipment and I

am

the

Primary Exporter,

I certify that the contents of

this consignment conform to the

terms

of the attached EPA Acknowledgement of

Consent. I certify that the waste minimization statement identified in 40

CFR

262.27(a) (if

I am a large quantity generator) or

(b) (if

I am

a

small quantity

generator) is true.”

b)

Deliveries. A used oil processor must keep

a

record of each shipment

of

used oil that is delivered to another used oil burner,

processor, or disposal

facility. These records may take the form of

a log,

invoice,

manifest, bill of

lading or other shipping documents. Records of

each delivery must include the

following information:

1)

The name and address of the transporter that delivers the

used

oil

to the

burner, processor, or disposal facility;

2)

The name and

address

of the burner, processor, or disposal facility

that

will receive

the

used

oil;

3)

The USEPA identification number and

Illinois special waste identification

number of the transporter that delivers the

used oil to the burner, processor or

disposal facility;

4)

The USEPA identification number and Illinois

special waste identification

number of the burner, processor, or disposal

facility that will receive the

used

oil;

5)

The quantity of

used

oil shipped;

6)

The

date

of shipment.

7)

If the transporter has accepted any shipment of mixtures of

used

oil

and

materials identified in 35 Ill. Adm. Code

808.121W) (6),

the transporter

must

also keep a record including the following:

A)

Information stating when and where the special waste was generated;

B)

The classification and

quantity of the special waste delivered

to

the

transporter;

C)

Any special handling instructions pertinent

to

emergency personnel

in the

event of an accident; and

0)

A generator’s certification

as

follows:

“I hereby declare that the

contents of this consignment are

fully

and

accurately described above by the

proper shipping name, and are classified,

packaged, marked and

labeled/placarded, and are in all

respects

in

proper condition for transport

---

according

to

applicable international and national governmental regulations.

If

export shipment and I am the Primary Exporter, I certify that the contents

of

this consignment conform to the terms of the attached EPA Acknowledgement

of

Consent.

I

certify that the waste minimization statement identified in 40

CFR

262.27(a)

(if

I

am

a

large quantity generator) or

(b) (if

I am

a

small

quantity

generator) is

true.”

c)

Record

retention. The records described in

subsections

(a)

and

(b)

of

this Section must be

maintained for

at least

three

years.

(Source:

Amended

at 33

Ill.

Reg.=

, effective

SUBPART G:

STANDARDS FOR USED OIL BURNERS

THAT BURN

OFF-SPECIFICATION

USED OIL FOR ENERGY RECOVERY

Section 739.165

Tracking

a)

Acceptance. A used oil burner must keep a record of each

used

oil

shipment

accepted

for burning. These records may take the form of

a

log,

invoice, manifest, bill of lading, or other shipping documents. Records for

each shipment must include the following information:

1)

The name and address of the transporter that delivered the used oil to the

burner;

2)

The name and address of the generator or processor from whom the used

oil

was sent

to

the burner;

3)

The USEPA identification number and Illinois special waste identification

number of the transporter that delivered the used oil to the burner;

4)

The USEPA identification number and Illinois special waste identification

number (if

applicable) of the generator or processor from whom the

used oil was

sent to the

burner;

5)

The

quantity of

used

oil

accepted;

and

6)

The

date

of acceptance.

7)

If the

transporter

has accepted any shipment of mixtures of used oil and

materials

identified in

35 Ill.

Adm.

Code

808.121(b)

(5)

or

(b) (6),

the

transporter must

also keep

a

record including the following:

A

Information stating when and where the special waste was generated;

B)

The classification and quantity of the special waste delivered

to the

transporter;

C)

Any special handling instructions pertinent to emergency personnel

in the

event

of an accident; and

D)

A

generators certification

as

follows: “I hereby declare

that the

contents

of this consignment are fully and accurately described

above by the

proper

shipping name, and are classified, packaged, marked

and

labeled/placarded,

and are in all

respects

in proper

condition for transport

according to

applicable international and national governmental

regulations. If

export

shipment and I am the Primary Exporter, I certify

that the contents of

---

this consignment conform to the terms of the attached EPA

Acknowledgement of

Consent. I certify that the waste minimization

statement identified in 40 CFR

262.27(a) (if

I am a large quantity generator) or

(b) (if

I am a small quantity

generator) is true.”

b)

Record retention. The records described in subsection

(a)

of this

Section

must

be maintained for at

least

three years.

(Source:

Amended

at 33

Ill.

Reg.

, effective

SUBPART H:

STANDARDS FOR USED OIL FUEL

MARKETERS

Section 739.174 Tracking

a)

Off-specification

used

oil delivery.

Any used oil fuel marketer that

directs

a

shipment of off-specification

used oil to a burner must keep a record

of

each

shipment

of used

oil

to a used oil burner. These records may take the

form

of a log,

invoice, manifest,

bill of lading or other shipping documents.

Records for each shipment must include the following information:

1)

The name and address of the transporter that delivers the

used

oil

to the

burner;

2)

The name and address of the burner that will receive the

used

oil;

3)

The USEPA identification number and Illinois

special waste identification

number of the transporter that delivers the

used oil to the burner;

4)

The USEPA identification number and Illinois

special waste identification

number of the burner;

5)

The quantity of used oil shipped; and

6)

The

date

of shipment.

7)

If the transporter has accepted any shipment of mixtures of

used

oil

and

materials identified in 35 Ill. Adm. Code

808.121(b) (5)

or

(b) (6),

the

transporter must also keep a record including the following:

A)

Information stating when and where the special waste was generated;

B)

The classification and quantity of the special waste

delivered to the

transporter;

C)

Any special handling instructions pertinent

to emergency personnel in the

event of

an accident; and

D)

A

generator’s certification

as

follows:

“I hereby declare that the

contents of

this consignment

are fully and accurately described above

by

the

proper

shipping name, and are

classified, packaged, marked and

labeled/placarded, and are in all respects

in proper condition for transport

according

to

applicable international and national governmental

regulations. If

export shipment and I am the Primary Exporter, I certify

that the contents of

this consignment conform to the terms of the attached EPA Acknowledgement

of

Consent. I

certify that

the

waste

minimization statement identified in 40

CFR

262.27(a) (if

I am a large quantity generator)

or

(b) (if

I am

a

small quantity

generator) is true.”

---

b)

On-specification used oil

delivery.

A generator, transporter, processor

or re-refiner, or burner that first claims that used oil that is to be burned

for energy recovery meets the fuel specifications under

Section 739.111 must

keep a record of

each shipment of

used

oil

to the

facility

to

which it delivers

the used oil.

Records

for

each shipment must include the following information:

1)

The name and address of the facility

receiving the shipment;

2)

The quantity of used oil fuel delivered;

3)

The

date

of shipment or delivery; and

4)

A

cross-reference

to

the record of used oil analysis or other information

used to make the

determination that the oil meets the specification as required

under Section

739.172(a).

c)

Record retention.

The records described in subsections

(a)

and

(b)

of

this Section must be

maintained for

at

least three years.

I

(Source: Amended at 33 Ill. Reg.

, effective

I

ILLINOIS RECISTER

I

POLLUTION CONTROL EOD

I

NOTICE OF PROPOSED E1

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JCAR350739-09

1 2426r0 1

1

TITLE 35:

ENVIRONMENTAL

PROTECTION

2

SUBTITLE G: WASTE DISPOSAL

3

CHAPTER I: POLLUTION CONTROL BOARD

4

SUBCHAPTER C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

5

6

PART 739

7

STANDARDS FOR THE MANAGEMENT OF USED OIL

8

9

STJBPART A: DEFINITIONS

10

11

Section

12

739.100

Definitions

13

14

SUBPART

B: APPLICABILITY

15

16

Section

17

739.110

Applicability

18

739.111

Used Oil

Specifications

19

739.112

Prohibitions

20

739.113

Electronic Reporting

21

22

SUBPART C:

STANDARDS FOR USED OIL GENERATORS

23

24

Section

25

739.120

Applicability

26

739.12

1

Hazardous Waste

Mixing

27

739.122

Used

Oil Storage

28

739.123

On-Site Burning in Space Heaters

29

739.124

Off-Site Shipments

30

31

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS

32

AND AGGREGATION POINTS

33

34

Section

35

739.130

Do-It-Yourselfer Used Oil Collection Centers

36

739.13

1

Used Oil

Collection

Centers

37

739.132

Used

Oil Aggregate Points Owned by the Generator

38

39

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER

40

AND TRANSFER FACILITIES

41

42

Section

43

739.140

Applicability

---

JCAR3 50739-091 2426r01

44

739.141

Restrictions on Transporters that Are Not Also Processors

45

739.142

Notification

46

739.143

Used Oil Transportation

47

739.144

Rebuttable Presumption for Used Oil

48

739.145

Used

Oil

Storage at Transfer Facilities

49

739.146

Tracking

50

739.147

Management of Residues

51

52

SUBPART F: STANDARDS

FOR USED OIL PROCESSORS

53

54

Section

55

739.150

Applicability

56

739.151

Notification

57

739.152

General Facility Standards

58

739.153

Rebuttable Presumption for

Used

Oil

59

739.154

Used Oil Management

60

739.155

Analysis Plan

61

739.156

Tracking

62

739.157

Operating Record and

Reporting

63

739.158

Off-Site Shipments of Used Oil

64

739.159

Management of Residues

65

66

SUBPART G:

STANDARDS

FOR USED OIL BURNERS THAT BURN

67

OFF-SPECIFICATION

USED OIL FOR ENERGY RECOVERY

68

69

Section

70

739.160

Applicability

71

739.161

Restriction on Burning

72

739.162

Notification

73

739.163

Rebuttable Presumption for Used Oil

74

739.164

Used Oil Storage

75

739.165

Tracking

76

739.166

Notices

77

739.167

Management of Residues

78

79

SUBPART H: STANDARDS FOR USED OIL

FUEL

MARKETERS

80

81

Section

82

739.170

Applicability

83

739.171

Prohibitions

84

739.172

On-Specification Used Oil Fuel

85

739.173

Notification

86

739.174

Tracking

---

JCAR350739-09

12426r01

87

739.175

Notices

88

89

SUBPART

I: DISPOSAL

OF USED

OIL

90

91

Section

92

739.180

Applicability

93

739.181

Disposal

94

739.182

Use

As

a Dust

Suppressant

95

96

AUTHORITY:

ftnplementing Sections

7.2

and 22.4

and

authorized

by

Section

27

of

the

97

Environmental

Protection

Act

[415

ILCS

5/7.2,

22.4,

and

27].

98

99

SOURCE:

Adopted

in

R93-4

at 17

Ill. Reg.

20954,

effective

November

22,

1993;

amended

in

100

R93-16

at 18 Ill.

Reg.

6931,

effective

April

26, 1994;

amended

in

R94-17

at 18

Ill. Reg.

17616,

101

effective

November

23,

1994;

amended

in R95-6

at

19

Ill. Reg.

10036,

effective

June

27, 1995;

102

amended

in R96-10/R97-3/R97-5

at 22 Ill.

Reg. 767,

effective

December

16,

1997;

amended

in

103

R98-21/R99-2/R99-7

at 23

Ill.

Reg.

2274,

effective

January

19,

1999;

amended

in R04-16

at 28

104

Ill.

Reg.

10706,

effective

July

19,

2004; amended

in R06-5/R06-6/R06-7

at 30

Ill.

Reg.

4094,

105

effective

February

23,

2006;

amended

in

R06-16/R06-17/R06-18

at

31111.

Reg.

1413,

effective

106

December

20, 2006;

amended

in

R07-5/R07-14 at

32 Ill.

Reg. 13047,

effective

July 14,

2008;

107

amended

in R06-20

at 33

Ill.

Reg.

effective

108

109

SUBPART

E: STANDARDS

FOR USED

OIL

TRANSPORTER

110

AND

TRANSFER

FACILITIES

111

112

Section

739.146

Tracking

113

114

a)

Acceptance. A used

oil transporter

must

keep

a record

of each

used

oil shipment

115

accepted

for transport.

Records

for

each

shipment

must

include

the

following:

116

117

1)

The

name

and

address

of

the

generator,

transporter,

or

processor

that

118

provided

the

used

oil for

transport;

119

120

2)

The

USEPA

identification

number

and

Illinois

special

waste

identification

121

number

(if

applicable)

of

the

generator,

transporter,

or

processor

that

122

provided

the

used

oil for

transport;

123

124

3)

The quantity

of used

oil

accepted;

125

126

4)

The date

of

acceptance;-a4

127

128

5)

The

signature

129

---

JCAR3 50739-091

2426r0 1

130

A)

Except as provided in subsection

(a)(5)(B) of this

Section,

the

131

signature, dated upon

receipt of the used oil, of a representative of

132

the

generator, transporter, or processor or re-refiner that provided

133

the

used oil for transport.

134

135

B)

An

intermediate rail transporter is not required to sign the record of

136

acceptance; and

137

138

If the transporter has accepted

any shipment of mixtures of used oil and

139

materials

identified in 35 Iii. Adm. Code

808.121(b)(6),

the

following:

140

141

)

Information stating when and where the special waste was

generated;

142

143

The classification and quantity of the

special

waste

delivered to the

144

transporter;

145

146

g

Any

special handling instructions pertinent to emergency personnel

147

in the event of an accident; and

148

149

)

A

generator’s certification

as

follows: “I hereby declare that the

150

contents of this consignment are fully and accurately described above

151

by

the proper shipping name, and are classified,

packaged, marked

152

and labelediplacarded, and are

in all respects in proper condition for

153

transport according to

applicable international and national

154

governmental regulations. If export shipment and I am the Primary

155

Exporter, I certify that the contents of this

consignment conform

to

156

the terms ofthe attached

EPA Acknowledgement of Consent. I

157

certify that the waste minimization statement identified in

40

CFR

158

262.27(a)

(if

I am a large quantity

generator)

or

(b) (if

I am a small

159

quantity

generator)

is true.”

160

161

b)

Deliveries.

A used oil transporter must keep a record of each

shipment

of used oil

162

that is delivered to another used

oil transporter, or to a used oil burner, processor,

163

or

disposal facility. Records of each delivery must include the

following:

164

165

1)

The

name and address of the receiving facility or transporter;

166

167

2)

The USEPA identification number and

Illinois special waste identification

168

number of the

receiving facility or transporter;

169

170

3)

The

quantity of used oil delivered;

171

172

4)

The date of delivery;

---

JCAR350739-0912426r01

173

174

5)

The signature.

175

176

A)

Except as provided in subsection (b)(5)(B) of this Section, the

177

signature,

dated upon

receipt

of

the

used oil, of a representative of

178

the receiving facility or transporter.

179

180

B)

An intermediate rail transporter is not required to sign the record of

181

acceptance.

182

183

c)

Exports of

used

oil. A used oil transporter must maintain the

records described in

184

subsections (b)(1) through (b)(4) of this Section for each shipment of used oil

185

exported to any foreign country.

186

187

d)

Record retention. The records described in subsections (a),

(b),

and (c)

of this

188

Section

must be

maintained for

at least

three

years.

189

190

(Source: Amended at 33

Ill. Reg.

effective

191

192

SUBPART F: STANDARDS FOR USED OIL PROCESSORS

193

194

Section 739.156

Tracking

195

196

a)

Acceptance. A used oil processor must keep a record of each

used

oil

shipment

197

accepted for processing. These records may take the form of a log, invoice,

198

manifest, bill of lading or other

shipping documents. Records for each shipment

199

must include the following information:

200

201

1)

The name and address of the transporter that delivered the

used oil to the

202

processor;

203

204

2)

The name and address

of the generator or processor from whom the used

205

oil was sent for processing;

206

207

3)

The USEPA identification number and Illinois special waste identification

208

number of the

transporter that delivered the used oil to the processor;

209

210

4)

The USEPA identification number and Illinois special waste identification

211

number (if applicable) of the generator or processor from whom

the used

212

oil was sent

for processing;

213

214

5)

The quantity of used oil

accepted;-an4

215

---

JCAR3 50739-091

2426r01

216

6)

The date of

acceptance; and

217

218

7)

If the

transporter has accepted any shipment of mixtures of used oil and

219

materials

identified in 35 Iii. Adm. Code

808.121(b)(6),

the

following:

220

221

)

Information

stating when and where the special waste was generated;

222

223

JE)

The classification and quantity of

the special

waste

delivered to the

224

transporter;

225

226

)

Any special

handling instructions pertinent to emergency personnel

227

in the event of an accident; and

228

229

1)

A generator’s certification as

follows: “I hereby declare that the

230

contents of this

consignment are fully and accurately described

above

231

by the proper shipping name, and

are classified, packaged, marked

232

and

labeled/placarded, and are in all respects in proper condition for

233

transport according to applicable

international

and

national

234

governmental regulations. If export shipment and I am the Primary

235

Exporter, I certify that the contents of this

consignment conform

to

236

the terms of the attached EPA

Acknowledgement of Consent. I

237

certify that the waste

minimization statement identified in 40 CFR

238

262.27(a)

(if

I am

a large

quantity generator) or

(b) (if

I am a small

239

quantity

generator) is true.”

240

241

b)

Deliveries.

A used oil processor must keep a

record of each shipment of used oil

242

that is

delivered to

another used oil burner, processor, or disposal facility. These

243

records may

take the form of a log, invoice, manifest,

bill of lading or other

244

shipping documents.

Records

of

each delivery must include the following

245

information:

246

247

1)

The name and address of the

transporter that delivers the used oil to the

248

burner,

processor, or disposal facility;

249

250

2)

The name

and address of the burner, processor, or disposal facility that

251

will receive the used oil;

252

253

3)

The USEPA

identification number and Illinois special waste identification

254

number

of the transporter that delivers the used oil to the

burner,

processor

255

or

disposal facility;

256

257

4)

The USEPA identification number and

Illinois special waste identification

258

number of the burner,

processor, or disposal facility that will receive the

---

JCAR350739-0912426r01

259

used

oil;

260

261

5)

The quantity of used

oil shipped;

262

263

6)

The date of shipment; and

264

265

D

If the transporter has

accepted any shipment of mixtures of used oil and

266

materials identified in 35 Ill. Adm. Code 808.12

1(b)(6),

the

following:

267

268

)

Information stating when and where the special waste was generated;

269

270

)

The

classification and quantity of the special waste delivered to the

271

transporter;

272

273

)

Any special

handling instructions pertinent to emergency personnel

274

in the event of an accident; and

275

276

j)

A generator’s certification as follows: “I hereby declare that the

277

contents of this consignment are

fully

and

accurately described above

278

by the

proper shipping name, and are classified, packaged, marked

279

and

labeledlplacarded, and are in all respects in proper condition for

280

transport according to applicable international and national

281

governmental regulations. If export shipment

and I am the Primary

282

Exporter, I certify that the contents of this

consignment conform to

283

the terms of the

attached EPA Acknowledgement of Consent. I

284

certify

that the waste minimization statement identified

in 40 CFR

285

262.27(a)

(if

I am a large

quantity generator) or

(b)

(if

I am a small

286

quantity

generator)

is true.”

287

288

c)

Record

retention. The records described in subsections (a) and (b) of this Section

289

must be maintained for at least three

years.

290

291

(Source:

Amended at 33 Ill. Reg.

effective

292

293

SUBPART

G: STANDARDS FOR

USED OIL BURNERS THAT BURN

294

OFF-SPECIFICATION

USED OIL FOR ENERGY RECOVERY

295

296

Section 739.165

Tracking

297

298

a)

Acceptance. A used oil

burner must keep a record of each used oil shipment

299

accepted

for burning. These records may take the form of a log, invoice,

300

manifest,

bill of lading, or other shipping documents. Records for each shipment

301

must

include the following information:

---

JCAR350739-09

12426r01

302

303

1)

The name

and address

of

the transporter

that

delivered

the used oil

to the

304

burner;

305

306

2)

The

name and

address of

the generator

or

processor

from whom

the used

307

oil

was sent to

the burner;

308

309

3)

The

USEPA

identification

number

and Illinois

special

waste

identification

310

number of

the

transporter

that delivered

the

used

oil to the

burner;

311

312

4)

The USEPA

identification

number

and

Illinois special

waste

identification

313

number

(if applicable)

of

the generator

or

processor

from whom

the

used

314

oil was sent

to the burner;

315

316

5)

The quantity

of used

oil

accepted;-an4

317

318

6)

The date of

acceptance;

and

319

320

7)

If the transporter

has

accepted

any

shipment

of

mixtures

of used

oil and

321

materials

identified

in 35

Ill. Adm. Code

808.121(b)(5)

or

(b)(6), the

322

following:

323

324

Information

stating

when

and where

the

special

waste was

generated;

325

326

])

The classification

and

quantity of

the special

waste

delivered

to the

327

transporter;

328

329

c)

Any

special

handling

instrnctions

pertinent

to

emergency

personnel

330

in the

event of an

accident;

and

331

332

j)

A generator’s

certification

as

follows: “I

hereby

declare

that the

333

contents

of this consignment

are

fully and

accurately

described

above

334

by the

proper

shipping

name, and

are

classified,

packaged,

marked

335

and

labeledlplacarded,

and are

in all respects

in

proper condition

for

336

transport

according

to

applicable

international

and national

337

governmental

regulations.

If export

shipment

and I

am

the Primary

338

Exporter,

I certify

that the contents

of this

consignment

conform

to

339

the

terms of the

attached

EPA

Acknowledgement

of

Consent. I

340

certify

that the

waste

minimization

statement

identified

in 40

CFR

341

262.27(a)

(if

I am

a large

quantity generator)

or

(b)

(if

I am

a small

342

quantity

generator)

is true.”

343

344

b)

Record

retention.

The

records described

in subsection

(a)

of

this Section

must

be

---

JCAR350739-0912426r01

345

maintained

for at

least

three years.

346

347

(Source: Amended

at 33 Ill.

Reg.

effective

348

349

SUBPART

H: STAI\DARDS

FOR USED

OIL FUEL MARKETERS

350

351

Section 739.174

Tracking

352

353

a)

Off-specification

used oil

delivery.

Any used oil

fuel marketer that directs

a

354

shipment of

off-specification used

oil to a

burner

must

keep a record of each

355

shipment of used

oil to a used

oil burner. These records

may take the form

of

a

356

log, invoice, manifest,

bill of lading

or

other shipping

documents. Records

for

357

each shipment

must

include

the following information:

358

359

1)

The name

and

address

of the transporter that

delivers the used oil

to the

360

burner;

361

362

2)

The

name and address of

the burner that

will

receive

the used oil;

363

364

3)

The USEPA

identification

number and Illinois

special waste identification

365

number

of the transporter that

delivers the

used oil

to the burner;

366

367

4)

The USEPA

identification number

and Illinois special

waste identification

368

number of the

burner;

369

370

5)

The

quantity of used

oil

shipped;-and

371

372

6)

The date

of shipment;

and

373

374

7)

If

the transporter has

accepted any

shipment

of mixtures of used

oil and

375

materials

identified

in 35 Ill. Adm. Code

808.121(b)(5)

or

(b)(6),

the

376

following:

377

378

A)

Information stating

when

and

where

the special waste

was generated;

379

380

)

The classification

and quantity of the

special waste

delivered

to the

381

transporter;

382

383

ç

Any special handling

instructions pertinent

to

emergency personnel

in

384

the

event of an accident;

and

385

386

i)

A generator’s

certification

as follows:

“I hereby declare

that the

387

contents of

this consignment

are fully

and

accurately

described

above

---

JCAR350739-09 12426r01

388

by the proper shipping

name, and are classified, packaged, marked

389

and labeled/placarded, and are in all respects

in proper

condition for

390

transport according to

applicable international and national

391

governmental

regulations. If

export

shipment and I am the Primary

392

Exporter, I certify that the contents of this consignment conform to

393

the terms of the attached EPA Acknowledgement of Consent. I

394

certify that the waste

minimization statement identified in 40

CFR

395

262.27(a) (if I am

a

large quantity generator) or (b)

(if

I am a small

396

quantity

generator)

is true.”

397

398

b)

On-specification used oil delivery. A generator, transporter, processor or re

399

refiner, or burner that first claims that

used oil that is to be burned for energy

400

recovery meets the fuel specifications under Section 739.111 must keep a record

401

of each shipment of used

oil to the facility to which it delivers the used oil.

402

Records for each shipment must include the

following information:

403

404

1)

The name and address of the facility

receiving

the shipment;

405

406

2)

The quantity of used oil fuel delivered;

407

408

3)

The date of shipment or delivery; and

409

410

4)

A

cross-reference to the record of used oil analysis or other information

411

used to

make the determination that the oil meets the specification as

412

required under Section 739.172(a).

413

414

c)

Record

retention. The records described in subsections (a) and (b) of this Section

415

must be maintained for at least three years.

416

417

(Source: Amended at 33 Ill. Reg.

effective

---

ILLINOIS

REGISTER

1

09

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED

AMENDMENT

1)

Heading

of the

Part:

Special

Waste

Classifications

o

1

F1C

2)

Code

Citation:

35 III.

Adm. Code

808

SLP

U

82009

3)

Section

Number:

Proposed

Action:

JQ

ILLINOIS

808.121

Amend

ontroI8rd

4)

Statutory

Authority:

Implementing

Sections

21, 22,

22.01

and 22.9, and

authorized

by

Section

27 of

the

Environmental

Protection

Act

[415 ILCS

5/21,

22,

22.01, 22.9,

27].

5)

A Complete

Description

of the Subjects

and

Issues Involved:

For

a more detailed

description

of

this rulemaking,

see the

Board’s

August

20,

2009, opinion

and order

Proposed

Amendments

to the

Board’s Special

Waste

Regulations

Concerning

Used

Oil:

35 Ill.

Adm. Code

739,

808, 809 (R06-20).

NORA,

an Association

of Responsible

Recyclers,

formerly known

as

the National

Oil Recycling

Association,

initiated

these

amendments

by

filing

an amended

rulemaking

proposal

with

the

Board

on September

22,

2008.

The

proposed

amendments

are

intended

to exempt

from the

manifesting

requirements

of Parts

808 and

809 (35

Ill.

Adm.

Code 808,

809),

used

oil that is

defined

by,

and managed

in accordance

with, Part

739 (35 Ill.

Adm.

Code

739) and

also to

exempt

from

those

requirements

four

specific

mixtures

of used

oil

and

other

materials.

The proposal

also

amends used

oil tracking

provisions

in

Part 739 to

include information

required by

a

manifest

for those

specified mixtures.

6)

Published

studies or

reports, and

sources

of

underlying

data,

used to compose

this

rulemaking:

NORA, which

filed

this

rulemaking

with

the Board,

did not use

a published

study or

report in

developing

its

original

or amended

proposal.

7)

Will

this proposed

rulemaking

replace

any emergency

rulemaking

currently

in

effect?

No

8)

Does

this

rulemaking

contain

an automatic

repeal

date?

No

9)

Does this proposed

rulemaking

contain

incorporations

by

reference?

No

10)

Are

there any

other

amendments

pending

on this

Part?

No

11)

Statement

of

Statewide

Policy

Objectives:

The proposed

amendments

do not create

or

expand

a State

mandate

as defined

in Section

3 o f the

State Mandates

Act

[30 ILCS

805].

12)

Time,

place

and manner

in which

interested

persons

may

comment

on this proposed

---

ILLINOIS REGISTER

2

09

POLLUTION

CONTROL BOARD

NOTICE

OF PROPOSED AMENDMENT

rulemaking:

The Board

will accept written

public comment

on this proposal for

a period

of 45 days

after the

date

of this

publication.

Comments should reference

docket R06-20

and

be addressed

to:

Clerk’s Office

Illinois

Pollution Control Board

Thompson Center,

Suite 11-500

100

W. Randolph

St.

Chicago,

IL

60601

Address

all questions

to

Tim Fox at 312/814-6085.

Interested persons

may

request copies

of the Board’s

opinion and order

by

calling

the

Clerk’s

office at 312/814-3620,

or

download

them from the Board’s

Web

site

at

www.ipcb.state.il.us.

13)

Initial

regulatory flexibility

analysis:

A)

Types

of small

businesses,

small municipalities,

and

not-for-profit

corporations

affected: NORA,

a trade association

of companies

providing used oil

collection

and recycling services

originally proposed

these regulations.

The substantive

amendments

affect any generators

and transporters

of used oil

defined

by, and

managed

in

accordance

with, the Board’s

used oil

management regulations.

B)

Reporting,

bookkeeping or other

procedures

required

for compliance:

None

C)

Types

of professional skills

necessary

for

compliance: None

14)

Regulatory

Agenda on which this

rulemaking was

summarized /State

reasons for this

rulemaking if it was

not included in either

of

the two

most recent regulatory

agendas:

January

2008.

On

May 1,

2008,

the Board

adopted its first first

notice

opinion

and

order

in this docket,

as

anticipated in

that Regulatory Agenda.

See 32

Ill. Reg. 8085,

8091

(May 30,

2008).

The full text of the

Proposed Amendment

begins on

the next page:

---

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE AND SPECIAL WASTE HAULING

PART 808

SPECIAL WASTE CLASSIFICATIONS

SUBPART

A:

GENERAL PROVISIONS

Section

808.100

Purpose,

Scope

and Applicability

808.101

Transitional Rule

808.110

Definitions

808.111

Incorporations

by

Reference

808.121

Generator Obligations

808.122

Manifests

808.123

Small Quantity Generators

SUBPART B:

CLASSES OF SPECIAL WASTE

Section

808.240

Special Waste Classes

808.241

Default Classification of Special Wastes

808.242

Special Handling Waste

808.243

Wastes Categorized by Source

808.244

Wastes Categorized by Characteristics

808.245

Classification of

Wastes

SUBPART C:

CRITERIA AND DATA REQUIREMENTS

Section

808.300

Introduction

808.301

Degree of Hazard

Determination

by Computer

808.302

Data Base and Bioassay Procedures

SUBPART D:

REQUEST FOR WASTE CLASSIFICATION

Section

808.400

Introduction

808.401

Application Forms

808.402

Application for Waste Classification

808.410

Physical and Chemical Analysis

808.411

Significant Trace Constituents

808.412

Common Names

808.413

Wastestream Description

808.420

Quality Assurance

Plan

808.430

Degree of Hazard Data

808.431

Toxicological Testing

SUBPART E:

REVIEW OF CLASSIFICATION REQUESTS

Section

808.501

Order of Requesting Information

808 .502

Completeness

808.503

Standard for Classification

---

SUBPART

F:

WASTESTREAN CLASSIFICATION DETERMINATIONS

Section

808.520

Time for Agency Action

808.521

Conditions of Wastestream Classification

808.522

Final Agency Action

SUBPART

G:

MODIFICATION, APPEAL AND ENFORCEMENT

Section

808.541

Request

for Modification

808.542

Appeal

808.543

Effect

of Classification

808.544

Enforcement

808.545

Modification

SUBPART H:

CATEGORICAL AND CHARACTERISTIC WASTES

Section

808.600

Introduction

808.APPENDIX A

Assignment Of Special Waste To Classes

808.APPENDIX B

Toxicity Hazard

AUTHORITY:

Implementing

Sections

21, 22, 22.01

and 22.9, and

authorized

by

Section 27 of the

Environmental Protection Act

[415

ILCS

5/21, 22, 22.01,

22.9,

271

SOURCE: Adopted

in R89-13A

at

14 Ill. Reg. 14043, effective August 15, 1990;

amended in R98-29 at 23 Ill. Reg.

6875, effective

July

1,

1999;

amended in

R06-

20 at 33 Ill. Reg.

—,

effective

SUBPART A:

GENERAL PROVISIONS

Section 808.121 Generator Obligations

a)

Each person who generates waste shall determine whether the waste is a

special waste.

BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also determine

if the waste is a hazardous waste.

b)

No person shall deliver special

waste

to a transporter unless the waste is

accompanied by a

manifest

as

specified in Section

808.122, and the transporter

has a special

waste hauling permit issued pursuant

to 35 Ill.

Adm.

Code 809.

The following are exceptions

to

this prohibition:

1)

The person is subject to the small quantity generator exemption of

Section

808.123.

2)

The transporter and waste are subject to a transporter exemption under

35

Ill. Adm. Code 809.211.

3)

The Agency has determined pursuant to this Part that the waste is not

a

special waste.

---

4)

The

waste

consists of

municipal water

or wastewater

treatment

plant sludge

regulated under

a

sludge management plan approved by the Agency pursuant to 35

Ill.

Adm.

Code

309.208.

5)

The generator is not required to complete

a

manifest for

used

oil that is

defined

by

and managed in accordance with

35

Ill. Adm.

Code

739.

6)

The generator is not required to complete

a

manifest for the following

materials, provided that the generator complies with

the

informational

requirements of

35

111. Adm. Code

739.146(a)

and

35

Ill. Adm.

Code

809.501(b):

A)

Mixtures of used oil as defined by and managed in accordance with

35

Ill.

Adm. Code 739 and hazardous waste, both generated and mixed by conditional1y

exempt small quantity generator

of hazardous

waste, provided that

ei*eth

mixture contains

more than

fifty50

percent

used oil by either

volume

or weight;

B)

Mixtures of used oil as defined by and managed in accordance with

35 Ill.

Adm.

Code

739 and characteristic hazardous waste, with a Btu per pound content

greater

then 5,000,

whcrc:when:

i)

the characteristic has been extinguished;

ii)

both the used

oil and the characteristic

hazardous

waste

have been

generated and mixed by the

same generator;

and

iii)

the mixture contains more than

fifty

percent used oil by either volume

or weight-.

C)

Mixtures of used oil as defined by and managed in accordance with 35 Ill.

Adm. Code 739 and fuel or other fuel products; and

D)

Used oil as defined by and managed in accordance with 35 Ill. Adm.

Code

739 contaminated by or mixed with nonhazardous wastewater, whcrcwhen the

used

oil and the nonhazardous wastewater are generated by the same generator, and

whorcwhen

the

mixture

results from use or unintentional contamination.

c)

No person shall cause, threaten or allow the treatment,

storage or

disposal of special waste in Illinois except:

1)

At a facility permitted or otherwise authorized to manage the special

waste pursuant to 35 Ill. Adm. Code 703 or 807

[415

ILCS 5/21(d) and

(e)]—

(Soctionc 21(d)

ond

(C)

of tho Act); or

2)

At a facility owned and operated by such person and subject to the on-site

disposal exemption of Section

21(d)

of the Act

[415

ILCS 5/21(d)]

(Scction

21(d)

of thc

Act)

d)

No person

shall deliver

special waste to a transporter or a permitted

facility without a supplemental wastestream permit.

e)

No person shall deliver to a transporter or permitted facility

special

waste with a

wastestream

identification number unless the waste conforms

with

the wastestream description in the wastestream classification determination.

(Source:

Amended

at 33 Ill. Reg.

—,

effective

---

ILLINOIS REGISTER

I

POLLUTION CONTROL EOD

I

NOTICE OF PROPOSED A?IENDMEW

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---

JCAR350808-09

1243

9r01

1

TITLE

35:

ENVIRONMENTAL

PROTECTION

2

SUBTITLE

G:

WASTE

DISPOSAL

3

CHAPTER

I:

POLLUTION

CONTROL

BOARD

4

SUBCHAPTER

i:

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

5

6

PART

808

7

SPECIAL

WASTE

CLASSIFICATIONS

8

9

SUBPART

A:

GENERAL

PROVISIONS

10

11

Section

12

808.100

Purpose,

Scope

and

Applicability

13

808.101

Transitional

Rule

14

808.110

Definitions

15

808.111

Incorporations

by

Reference

16

808.121

Generator

Obligations

17

808.122

Manifests

18

808.123

Small

Quantity

Generators

19

20

SUBPART

B:

CLASSES

OF

SPECIAL

WASTE

21

22

Section

23

808.240

Special

Waste

Classes

24

808.241

Default

Classification

of

Special

Wastes

25

808.242

Special

Handling

Waste

26

808.243

Wastes

Categorized

by

Source

27

808

.244

Wastes

Categorized

by

Characteristics

28

808.245

Classification

of

Wastes

29

30

SUBPART

C:

CRITERIA

AND

DATA REQUIREMENTS

31

32

Section

33

808.300

Introduction

34

808.301

Degree

of

Hazard

Determination

by

Computer

35

808.3

02

Data

Base

and

Bioassay

Procedures

36

37

SUBPART

D:

REQUEST

FOR WASTE

CLASSIFICATION

38

39

Section

40

808

.400

Introduction

41

808.40

1

Application

Forms

42

808

.402

Application

for

Waste

Classification

43

808.410

Physical

and

Chemical

Analysis

---

JCAR350808-0912439r01

85

SOURCE:

Adopted

in R89-13A

at 14

Iii. Reg. 14043,

effective

August

15, 1990;

amended

in

86

R98-29

at 23

Iii. Reg.

6875,

effective

July 1, 1999;

amended

in R06-20

at

33 Ill.

Reg.

87

effective

88

89

SUBPART

A: GENERAL

PROVISIONS

90

91

Section

808.121

Generator

Obligations

92

93

a)

Each

person

who

generates

waste shall

determine

whether

the

waste

is a special

94

waste.

95

96

BOARD

NOTE:

35 Ill.

Adm.

Code 722

requires

the

person

to also determine

if

97

the

waste

is a hazardous

waste.

98

99

b)

No

person

shall deliver

special

waste to

a transporter

unless the

waste is

100

accompanied

by

a manifest

as

specified

in Section

808.122,

and the transporter

101

has

a

special

waste

hauling permit

issued

pursuant

to 35

Iii. Adm.

Code

809.

The

102

following

are

exceptions

to

this

prohibition:

103

104

1)

The

person

is subject

to

the

small

quantity

generator

exemption

of Section

105

808.123.

106

107

2)

The transporter

and

waste are

subject

to a

transporter

exemption

under

35

108

Ill.

Adm.

Code

809.211.

109

110

3)

The

Agency

has

determined

pursuant

to this

Part

that the waste

is

not a

111

special

waste.

112

113

4)

The

waste consists

of

municipal

water

or wastewater

treatment

plant

114

sludge

regulated

under

a

sludge

management

plan

approved

by the

115

Agency

pursuant

to 35 Ill.

Adm. Code

309.208.

116

117

)

The

generator

is not

required

to complete

a manifest

for

used oil that

is

118

defined

by

and managed

in

accordance

with

35 Ill.

Adm.

Code 739.

119

120

)

The

generator

is not

required

to

complete a

manifest for

the

following

121

materials,

provided

that

the generator

complies

with the

informational

122

requirements

of 35 III.

Adm. Code

739.146(a)

and

35

Ill. Adm.

Code

123

809.501(b):

124

125

Mixtures

of used oil

as defined

by and managed

in

accordance

126

with

35

Iii. Adm.

Code 739

and hazardous

waste,

both generated

127

and mixed

by

a

conditionally

exempt

small quantity

generator

of

---

JCAR350808-091

2439r01

128

hazardous

waste, provided

that the mixture

contains

more

than 50

129

percent

used oil

by

either volume

or weight;

130

131

Mixtures

of

used

oil

as

defined by

and managed

in accordance

132

with

35 Iii.

Adm.

Code 739

and characteristic

hazardous

waste,

133

with

a Btu per

pound content

greater

then

5,000,

when:

134

135

the

characteristic

has been

extinguished;

136

137

jj

both the

used

oil and the

characteristic

hazardous

waste

138

have

been

generated

and

mixed

by

the same generator;

and

139

140

jjj)

the

mixture contains

more

than

50

percent used

oil

by

141

either

volume or

weight;

142

143

)

Mixtures

of

used oil as

defined

by

and managed

in accordance

144

with

35

111.

Adm.

Code

739 and

fuel or

other

fuel products;

and

145

146

Used

oil as

defined

by

and managed

in accordance

with

35 Ill.

147

Adm.

Code

739

contaminated

by or mixed

with

nonhazardous

148

wastewater,

when the

used oil and

the nonhazardous

wastewater

149

are generated

by

the

same generator,

and

when the

mixture results

150

from use

or

unintentional

contamination.

151

152

c)

No

person

shall cause,

threaten

or allow the

treatment,

storage

or disposal

of

153

special

waste

in Illinois

except:

154

155

1)

At afacility

permitted

or otherwise

authorized

to

manage

the special

156

waste

pursuant

to

35111.

Adm.

Code 703

or 807

[415

ILCS

5/21(d)

and

157

çfl(Sections

21(d) and

(e) of the

Act); or

158

159

2)

At afacility

owned and

operated

by such person

and subject

to the

on-site

160

disposal

exemption

ofSection

21(d)

of

the

Act [415

ILCS

5/21(d)](Section

161

21(d)

of

the

Act).

162

163

d)

No

person

shall

deliver

special

waste to

a transporter

or a

permitted

facility

164

without a

supplemental

wastestream

permit.

165

166

e)

No person

shall

deliver

to a

transporter

or permitted

facility

special

waste

with

a

167

wastestream

identification

number unless

the waste

conforms

with

the

168

wastestream

description

in

the

wastestream

classification

determination.

169

170

(Source:

Amended

at

33

Ill. Reg.

effective

---

/

ILLINOIS

REGISTER

1

09

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

1)

Heading

of the

Part: Nonhazardous

Special

Waste

Hauling

and

the Uniform

Program

2)

Code

Citation:

35

Iii. Adm.

Code

809

3)

Section

Numbers:

Proposed

Action:

EP

1)

8

213U9

809.30

1

Amend

809.302

Amend

olIution

STATE

OF

Control

ILLINOIS

Board

809.501

Amend

4)

Statutory

Authority:

Implementing

Sections

5,

10, 13,

21, 22,

22.01,

and 22.2

and

authorized

by Section

27 of

the Environmental

Protection

Act [415

ILCS

5/5,

10, 13,

21,

22,

22.01,

and

22.2

and

27] (see

P.A.

90-2 19)

5)

A

Complete

Description

of the

Subjects

and

Issues

Involved:

For

a more

detailed

description

of

this

rulemaking,

see the

Board’s

August

20, 2009,

opinion

and

order

Proposed

Amendments

to the

Board’s

Special

Waste

Regulations

Concerning

Used

Oil:

35

Ill. Adm.

Code

739,

808,

809

(R06-20).

NORA,

An

Association

of

Responsible

Recyclers,

formerly

known

as

the National

Oil

Recycling

Association,

initiated

these

amendments

by filing

an

amended

rulemaking

proposal

with the

Board

on

September

22,

2008.

The proposed

amendments

are

intended

to exempt

from

the

manifesting

requirements

of Parts

808

and 809

(35

Iii.

Adm.

Code

808,

809),

used oil

that

is

defined

by,

and

managed

in

accordance

with,

Part

739

(35 Ill.

Adm.

Code 739)

and

also to

exempt

from those

requirements

four

specific

mixtures

of

used

oil and

other materials.

The

proposal

also

amends

used

oil tracking

provisions

in Part

739

to include

information

required

by

a manifest

for

those

specified

mixtures.

6)

Published

studies

or

reports,

and

sources

of

underlying

data,

used

to

compose

this

rulemaking:

NORA,

which

filed

this

rulemaking

with the

Board,

did not

use

a

published

study

or report

in developing

its original

or

amended

proposal.

7)

Will

this

proposed

rulemaking

replace

any

emergency

rulemaking

currently

in effect?

No

8)

Does

this

rulemaking

contain

an automatic

repeal

date?

No

9)

Does

this

proposed

rulemaking

contain

incorporations

by

reference?

No

10)

Are

there

any

other rulemakings

pending

on

this

Part?

No

11)

Statement

of Statewide

Policy

Objectives:

The

proposed

amendments

do

not

create

or

---

ILLINOIS

REGISTER

2

09

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED

AMENDMENTS

expand

a State

mandate

as defined

in Section

3 of the

State

Mandates

Act

[30 ILCS 805].

12)

Time,

place

and manner

in which

interested

persons

may comment

on this

proposed

rulemaking:

The

Board

will accept

written

public comment

on

this

proposal

for

a

period

of

45

days

after the

date of

this publication.

Comments

should

reference

Docket

R06-20

and be

addressed

to:

Clerk’s

Office

Illinois

Pollution

Control

Board

Thompson

Center,

Suite 11-500

100

W.

Randolph

St.

Chicago,

IL 60601

Address

all questions

to

Tim Fox

at

312/814-6085.

Interested

persons

may

request

copies of

the Board’s

opinion and

order by

calling

the

Clerk’s

office

at 312/814-3620,

or

download them

from

the

Board’s

Web

site

at

www.ipcb.state.il.us.

13)

Initial

regulatory

flexibility

analysis:

A)

Types

of small

businesses,

small

municipalities,

and

not-for-profit

corporations

affected:

NORA,

a trade association

of

companies

providing

used

oil collection

and recycling

services,

originally

proposed

these

regulations.

The substantive

amendments

affect

any generators

and

transporters

of

used

oil

defined

by, and

managed

in accordance

with,

the

Board’s

used

oil

management

regulations.

B)

Reporting,

bookkeeping

or other

procedures

required for

compliance:

None

C)

Types

of professional

skills

necessary

for

compliance:

None

14)

Regulatory

Agenda

on

which

this rulemaking

was

summarized

/State

reasons for

this

rulemaking

if

it was

not included

in either

of the two

most recent

regulatory

agendas.

January

2008.

On May

1, 2008,

the

Board adopted

its first first

notice

opinion

and

order

in this

docket,

as

anticipated

in that

regulatory

agenda. See

32 Ill. Reg.

8085,

8091 (May

30,

2008).

The

full text

of the

Proposed

Amendments

begins

on the next

page:

---

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

WASTE

DISPOSAL

CHAPTER I:

POLLUTION

CONTROL BOARD

SUBCHAPTER i:

SOLID WASTE

AND SPECIAL WASTE

HAULING

PART 809

NONHAZARDOUS

SPECIAL

WASTE HAULING

AND THE UNIFORM

PROGRAM

SUBPART

A:

GENERAL PROVISIONS

Section

809.101

Authority,

Policy and Purposes

809.102

Severability

809.103

Definitions

809.104

Incorporations

by

Reference

809.105

Public Records

SUBPART

B:

NONHAZARDOUS

SPECIAL

WASTE HAULING PERMITS

Section

809.201

Nonhazardous

Special Waste Hauling

Permits - General

809.202

Applications for

Nonhazardous

Special

Waste Hauling

Permit -

Contents

809.203

Applications

for Nonhazardous

Special

Waste

Hauling

Permit -

Signatures

and Authorization

809.204

Applications

for

Nonhazardous

Special Waste

Hauling

Permit

- Filing

and

Final

Action

by

the Agency

809.205

Nonhazardous

Special Waste Hauling

Permit

Conditions

809.206

Nonhazardous

Special

Waste Hauling

Permit

Revision

809.207

Transfer

of Nonhazardous

Special Waste

Hauling Permits

809.208

Nonhazardous

Special Waste

Hauling Permit

Revocation

809.209

Permit

No

Defense

809.210

General

Exemption

from Nonhazardous

Special Waste

Hauling Permit

Requirements

809.211

Exemptions

for

Nonhazardous

Special Waste

Transporters

809.212

Duration of Nonhazardous

Special

Waste Hauling Permits

SUBPART

C:

DELIVERY

AND ACCEPTANCE

Section

809.301

Requirements

for

Delivery

of Nonhazardous

Special

Waste to

Transporters

809.302

Requirements

for Acceptance

of Nonhazardous

Special or

Hazardous

Waste

from

Transporters

SUBPART

D:

PERMIT

AVAILABILITY

AND SYMBOLS

Section

809.401

Permit Availability

809.402

Nonhazardous

Special Waste

Symbols

SUBPART E:

MANIFESTS,

RECORDS

AND REPORTING

Section

809.501

Manifests, Records,

Access

to Records, Reporting

Requirements

and

Forms

---

SUBPART F:

DURATION OF PERMITS AND TANK NUMBERS

Section

809.601

Duration of Special Waste Hauler Permits and Tank Numbers

(Repealed)

SUBPART

G:

EMERGENCY CONTINGENCIES FOR SPILLS

Section

809.701

General

Provision

SUBPART

H:

EFFECTIVE DATES

Section

809.801

Compliance Date

809.802

Exceptions (Repealed)

SUBPART I:

HAZARDOUS

(INFECTIOUS)

HOSPITAL WASTE

Section

809.901

Definitions (Repealed)

809.902

Disposal Methods (Repealed)

809.903

Rendering Innocuous by Sterilization (Repealed)

809.904

Rendering Innocuous by Incineration (Repealed)

809.905

Recordkeeping Requirements for Generators (Repealed)

809.906

Defense to Enforcement Action (Repealed)

SUBPART

J:

UNIFORM PROGRAM

Section

809.910

Uniform State Hazardous Waste Transportation Registration

and Permit

Program

809.911

Application for a Uniform Permit

809.912

Application for Uniform Registration

809.913

Payment of Processing and Audit Fees

809.914

Payment of Apportioned Mile Fees

809.915

Submittal of Fees

809.916

Previously Permitted Transporters

809.917

Uniform Registration and Uniform Permit Conditions

809.918

Uniform Registration and Uniform Permit Revision

809.919

Transfer of Uniform Registration and Uniform Permits

809.920

Audits and Uniform Registration and Uniform

Permit Revocation

809.921

Permit No Defense

809.APPENDIX A

Old Rule Numbers

Referenced

(Repealed)

AUTHORITY:

Implementing Sections

5, 10, 13, 21, 22, 22.01, and 22.2 and

authorized by Section 27 of the Environmental Protection Act

[415

ILCS

5/5, 10,

13, 21, 22,

22.01, and 22.222.2.

and

27] (see

P.A.

90-219).

SOURCE: Adopted

in R76-lO,

33

PCB

131, at 3 Ill. Reg. 13,

p.

155, effective

March

31,

1979;

emergency amendment

in R76-lO, 39 PCB 175, at 4 Ill. Reg. 34,

p.

214,

effective August 7, 1980, for

a

maximum

of 150 days; emergency amendment in

R80-19, 40 PCB 159, at

5

Ill. Reg. 270, effective

January 1, 1981, for a maximum

of 150 days; amended in

R77-l2(B),

41 PCB

369, at 5

Ill.

Reg. 6384, effective

May 28, 1981; amended in R80-19, 41 PCB 459, at

5

Ill. Reg. 6378,

effective May

31, 1981;

codified in R8l-9,

53

PCB

269, at 7 Ill. Reg. 13640, effective

---

September

30, 1983;

recodified in R84-5,

58

PCB 267, from Subchapter h

to

Subchapter

i at 8

Ill. Reg. 13198; amended in R89-13A

at

14 111. Reg. 14076,

effective

August 15,

1990; amended in R91-18

at

16 Ill. Reg.

130,

effective

January

1, 1992;

amended in R95-l1 at 20 Ill. Reg.

5635,

effective March 27,

1996; amended in R98-29 at 23 Ill. Reg. 6842, effective July 1, 1999; amended in

R00-18

at

24 Ill. Reg. 14747,

effective

September 25, 2000; amended in R06-20 at

33 Ill. Reg.

, effective

SUBPART

C:

DELIVERY AND ACCEPTANCE

Section 809.301 Requirements for Delivery of Nonhazardous Special Waste to

Transporters

No person may

deliver any special waste generated within Illinois or for

disposal, storage

or treatment within Illinois unless that person concurrently

delivers a manifest

completed in accordance with Subpart E of this Part

to a

special waste transporter

who holds

a

current nonhazardous special waste hauling

permit or Uniform Program Registration and Permit issued by the Agency

under

Subpart B or C of this Part. The following are exceptions to this

requirement:

a)

The generator or transporter is not required to complete a manifest for

used

oil that is defined by and managed in accordance with 35 Ill. Adm. Code

739.

b)

The

generator or transporter is not required to complete

a

manifest for

the

following materials, provided that the generator complies with the

informational requirements of 35 Ill. Adm. Code

739.146(a)

and 35 Iii. Adm.

Code

809.501(b)

1)

Mixtures of used oil as defined by and

managed in

accordance with 35 Ill.

Adm. Code 739 and hazardous

waste,

both

generated and mixed

by

conditionally

exempt small quantity generator of hazardous

waste, provided that

e±e1t

mixture contains more than fifty5 percent used oil by

either volume

or weight;

2)

Mixtures of used oil as defined by and managed in accordance with 35 Ill.

Adm. Code

739 and characteristic hazardous waste, with a Btu per pound content

greater

then 5,000,

whcrc:when:

A)

the

characteristic has been extinguished;

4—th-e-e-—Jboth

the

used

oil and the characteristic hazardous waste have

been

generated

and mixed

by

the same generator; and

lii)

‘hcrc the mixture contains more than fifty percent

used

oil

by either

volume or

weight--

3)

Mixtures of used oil as defined by and managed in accordance with 35 Ill.

Adm. Code 739 and fuel or other fuel products; and

4)

Used oil as

defined

by

and

managed

in accordance with

35 Ill. Adm. Code

739 contaminated by

or mixed with nonhazardous wastewater,

whcrcwhen

the

used

oil and

the nonhazardous wastewater are generated by the same generator, and

wherewhen

the mixture results from use or unintentional contamination.

(Source:

Amended at 33 Ill. Reg.

—,

effective

---

Section

809.302

Requirements for Acceptance of Nonhazardous Special or

Hazardous

Waste

from Transporters

a)

No person may accept

any

special

waste for disposal, storage or treatment

within Illinois from a special waste

transporter unless the special waste

transporter has

a

valid nonhazardous special

waste hauling permit or Uniform

Program Registration and Permit issued by the Agency under Subpart

B or

J of

this Part and concurrently presents to the receiver of the special waste, or the

receiverTs

agent, a

completed, signed manifest as required by Subpart E of this

Part,

which

manifest

designates the

receiverTs

facility as the destination for

the special waste.

The following are exceptions

to

this requirement:

1)

The generator

or transporter is not required to complete a manifest for

used oil that is

defined

by

and managed in accordance with 35 Ill. Adm. Code

739.

2)

The generator or transporter is not required to complete a

manifest for

the following materials,

provided

that the

generator or transporter complies

with the

informational requirements of

35

Ill. Adm.

Code

739.146(a)

and 35 Ill.

Adm. Code

809.501(b):

A)

Mixtures

of used oil as defined by and managed in accordance with 35 Ill.

Adm. Code 739

and hazardous waste, both generated and mixed by conditionally

exempt small

quantity generator of hazardous waste, provided that

sehth

mixture contains

more than fifty.5.0. percent

used

oil by either volume or weight;

B)

Mixtures of used oil as

defined

by

and managed in accordance with 35 Ill.

Adm. Code

739 and characteristic hazardous waste,

with

a

Btu

per

pound

content

greater

then

5,000,

whorc:when:

i)

the

characteristic has been extinguished;

ii)

whe-e—both the

used

oil and the characteristic hazardous waste have been

generated and

mixed

by

the same generator; and

iii)

whoro

the mixture contains more than fifty percent used oil by either

volume or weight;

C)

Mixtures of used oil as

defined by and managed in accordance with 35 111.

Adm. Code 739 and

fuel or other fuel products; and

D)

Used

oil

as

defined

by

and managed in accordance with 35 Ill. Adm. Code

739 contaminated by

or mixed with nonhazardous wastewater, whcrcwhen the used

oil and the

nonhazardous wastewater are generated by the same generator, and

whcrcwhen the mixture results from use or unintentional contamination.

ab)

No

person may deliver special waste in Illinois for disposal, storage or

treatment

unless the person who accepts the special waste has a current, valid

operating

permit issued by the Agency and the necessary supplemental permits

required by 35

Ill. Adm. Code 807, as well as all other applicable permits as

required by

the Act and Board regulations.

(Source:

Amended at 33 Ill. Reg.

, effective

SUBPART

E:

MANIFESTS, RECORDS AND REPORTING

---

Section 809.501 Manifests, Records,

Access

to

Records, Reporting Requirements

and Forms

a)

Any person who delivers special

waste

to a

permitted nonhazardous special

or hazardous waste transporter shall

complete

a

uniform hazardous waste manifest

to accompany the

special waste from delivery

to

the destination of the special

waste.

The manifest

form will

be

provided or prescribed by the Agency. The

following are exceptions

to

this requirement:

1)

The generator or transporter is not required to complete a

manifest for

used

oil that is defined by and managed in

accordance with

35

Ill. Adm.

Code

739.

2)

The generator or transporter is not required to

complete

a

manifest for

the

following materials, provided that the generator or

transporter complies

with

the informational requirements of 35 Iii. Adm. Code

739.146(a)

and

35 Ill.

Adm. Code

809.501(b):

A)

Mixtures of used

oil

as

defined

by

and managed in accordance with 35 Ill.

Adm. Code 739 and hazardous

waste, both generated and mixed by

aconditionally

exempt small quantity

generator of hazardous waste, provided that cuchthe

mixture contains more than

fitty percent

used

oil

by

either volume or weight;

B)

Mixtures of used oil as

defined

by

and managed in accordance with 35 Ill.

Adm. Code

739 and characteristic hazardous waste,

with

a

Btu per pound content

greater

then 5,000,

whcrc:when:

i)

the characteristic has been

extinguished;

ii)

whe-e-—both the used

oil and the characteristic hazardous waste have been

generated and mixed by

the same generator-

7-

andt

iii)

whcrc the mixture contains more than fitty5Q percent used

oil

by

either

volume

or weight-

C)

Mixtures of used oil as

defined

by

and managed in accordance with 35 Ill.

Adm.

Code

739 and fuel or

other fuel products; and

D)

Used

oil as defined by and

managed in accordance with

35

Ill. Adm.

Code

739

contaminated by or mixed with

nonhazardous wastewater,

whcrcwhen

the

used

oil

and the nonhazardous wastewater are generated by

the same generator, and

whcrewhen

the mixture results from use or unintentional

contamination.

b)

The

transporter shall include in the manifest the following:

1)

The

name of the generator of the special waste and generator number;

2)

Information stating when and where the special waste was generated;

3)

The name of the person from whom delivery is accepted and the name of the

site

from which delivered;

4)

The name and permit

number of

the

transporter;

5)

The date

of delivery; and

---

6)

The

classification and quantity of the special waste delivered

to

the

transporter.

c)

Manifest copies to be sent to the Agency:

1)

Every person who delivers RCRA hazardous waste or polychlorinated biphenyl

(PCB)

wastes

to a

transporter shall submit

a

copy of the Illinois manifest to

the

Agency within two days after the shipment. Every person who accepts RCRA

hazardous waste

or PCB waste from

a

transporter shall submit

a copy

of the

Illinois manifest to

the Agency within

30 days

after receipt.

2)

A person who

delivers RCRA hazardous waste or PCB wastes

to a transporter

on another states manifest,

such

as

where

the destination state

requires

use of

its manifest, does not have to submit manifest copies to the Agency.

3)

A person who delivers non-RCRA hazardous wastes or non-PCB wastes to a

transporter does not have to send a copy of the manifest to the Agency. A

person who accepts non-ECRA hazardous waste or non-PCB wastes from a transporter

does

not have to send a copy of the manifest to the Agency.

d)

The

manifest will consist of

at

least four parts, in contrasting colors,

such that an

entry or signature on one part will be directly reproduced upon all

underlying parts. The top part of the manifest shall be signed by the person

who

delivers special waste to a special waste transporter, acknowledging the

delivery. The top part of the manifest shall also be signed by the special

waste transporter, acknowledging receipt of the special waste. The person who

delivers special waste to a special waste transporter shall retain the

designated parts of the manifest as a record. The remaining parts of the

manifest shall accompany the special waste shipment. At the destination, the

manifest

shall be signed by the person who accepts special waste from a special

waste

transporter, acknowledging receipt of the special waste.

e)

A

permitted site that receives special waste for disposal, storage or

treatment of

special waste must

be

designated on the manifest

as

the final

destination

point. Any subsequent delivery of the special waste or any

portion

or product

thereof to

a

special waste transporter shall be conducted under

a

manifest

initiated by the permitted disposal, storage or treatment site.

f)

In all cases, the special waste transporter shall deliver the designated

parts of

the complete, signed manifest to the person who accepts delivery of

special

waste from the transporter. The special waste transporter shall retain

the

designated part of the complete, signed manifest as

a

record of delivery

to

a

permitted disposal, storage or treatment site. In addition, at the end of

each month, or longer if approved by the Agency, the owner and the operator

of

the permitted disposal, storage or treatment site who accepts special waste from

a

special waste transporter shall send the designated part of the completed

manifest to the

person who delivered the

special

waste

to the special waste

transporter.

g)

Every generator who delivers special waste to a special waste transporter,

every

person who accepts special waste from

a

special waste transporter and

every

special waste transporter shall retain their respective parts of the

special

waste manifest as a record of all special waste transactions. These

parts

shall be retained for three years and will be made available at reasonable

times

for inspection and photocopying by the Agency.

---

BOARD

NOTE:

The manifest

requirements

of 35

Ill. Adm.

Code 722, 724 and

725 relative

to

RCRA

hazardous wastes

are not

affected by this

subsection.

Generators

and receiving

facilities

subject

to

those

Parts

shall continue

to

supply designated

copies

of all

manifests

to

the Agency.

h)

Every

generator

who delivers

nonhazardous

special waste

via

a

transporter

to

a

facility

located outside

Illinois shall

file

a

report, on

forms prescribed

or provided by

the Agency, summarizing

all

such

activity

during the

preceding

calendar year. Such

reports

shall,

at

a

minimum, include

the information

specified

in

subsection

Ci)

of

this

Section

and should be

received

by

the

Agency

no later

than

February 1.

i)

Every

annual report

required

to be filed with

the Agency by a

generator

for waste

going

out

of

state

pursuant

to subsection

(h)

of this Section

shall

include

the

following:

1)

The

IEPA identification

number,

name

and

address

of the generator;

2)

The

period

(calendar

year) covered

by the

report;

3)

The

IEPA

identification number,

name

and

address

for each off-site

treatment,

storage

or disposal facility

to which

waste

was shipped

during the

period;

4)

The name and IEPA

special waste hauling

number of

each transporter

used

during

the period for shipments

to a treatment,

storage or

disposal facility;

5)

A

description

and the total

quantity

of each

nonhazardous special

waste

shipped out

of state,

listed by IEPA

identification number

of each receiving

site;

6)

The

method

of treatment,

storage or disposal

for each nonhazardous

special

waste;

and

7)

A certification

signed by the generator

or the generator’s

authorized

representative.

j)

Every in-State

facility that

accepts

nonhazardous

special waste

from a

nonhazardous

special waste

transporter shall

file a

report,

on forms

prescribed

or

provided

by the Agency, summarizing

all

such

activity during

the preceding

calendar

year.

Such reports should,

at a

minimum,

include the information

specified in

subsection

(k)

of this

Section

and

be

received

by

the Agency

no

later than

February 1.

This subsection

is

applicable

to

all nonhazardous

special

wastes that are delivered

to

a

nonhazardous

special

waste

transporter

on

or after

January

1, 1991.

k)

Every annual

report required

to be

filed with the

Agency

by a person

accepting

nonhazardous

special waste from

a

nonhazardous

special waste

transporter

pursuant to subsection

(j)

of

this

Section shall

include

the

following information:

1)

The IEPA identification

number,

name

and

address

of the

facility;

2)

The

period

(calendar

year) covered

by the

report;

---

3)

The

IEPA identification

number,

name

and

address

of each nonhazardous

special

waste generator

from which the

facility received

a nonhazardous special

waste

during

the period;

4)

A description

and

the total

quantity of each

nonhazardous special

waste

the facility

received from

off-site

during the period.

This

information

shall

be listed

by

IEPA identification

number

of each

generator;

5)

The method

of

treatment, storage

or disposal

for

each nonhazardous

special

waste; and

6)

A certification

signed by the owner

or operator

of the facility

or

the

owner’s

or

operator’s authorized

representative.

I

(Source:

Amended at 33

Ill. Reg.

effective

JGAR3SOSO9-09l2446r0l

I

ILLINOIS

REGISTER

I

POLLUTION

CONTROL

BOD

I

NOTICE

OF PROPOSED EMENTS

---

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---

íA

ST

JCAR3

50809-091

2446r0

1

1

TITLE

35:

ENVIRONMENTAL

PROTECTION

2

SUBTITLE G:

WASTE

DISPOSAL

3

CHAPTER

I: POLLUTION

CONTROL

BOARD

4

SUBCHAPTER

i:

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

5

6

PART

809

7

NONHAZARDOUS

SPECIAL

WASTE

HAULING

8

AND

THE

UNIFORM

PROGRAM

9

10

SUBPART

A:

GENERAL

PROVISIONS

11

12

Section

13

809.101

Authority,

Policy

and

Purposes

14

809.102

Severability

15

809.103

Definitions

16

809.104

Incorporations

by

Reference

17

809.105

Public

Records

18

19

SUBPART

B:

NONHAZARDOUS

SPECIAL

WASTE

HAULING

PERMITS

20

21

Section

22

809.20

1

Nonhazardous

Special

Waste

Hauling

Permits

—

General

23

809.202

Applications

for

Nonhazardous

Special

Waste

Hauling

Permit

—

Contents

24

809.203

Applications

for

Nonhazardous

Special

Waste

Hauling

Permit

— Signatures

and

25

Authorization

26

809.204

Applications

for

Nonhazardous

Special

Waste

Hauling

Permit

— Filing and

Final

27

Action

by

the

Agency

28

809.205

Nonhazardous

Special

Waste

Hauling

Permit

Conditions

29

809.206

Nonhazardous

Special

Waste

Hauling

Permit

Revision

30

809.207

Transfer

of

Nonhazardous

Special

Waste

Hauling

Permits

31

809.208

Nonhazardous

Special

Waste

Hauling Permit

Revocation

32

809.209

Permit

No

Defense

33

809.2

10

General Exemption

from

Nonhazardous

Special

Waste

Hauling

Permit

34

Requirements

35

809.2

11

Exemptions

for

Nonhazardous

Special

Waste

Transporters

36

809.2

12

Duration

of

Nonhazardous

Special

Waste

Hauling Permits

37

38

SUBPART

C:

DELIVERY

AND

ACCEPTANCE

39

40

Section

41

809.30

1

Requirements

for

Delivery

of

Nonhazardous

Special

Waste

to

Transporters

42

809.3

02

Requirements

for

Acceptance

of

Northazardous

Special

or

Hazardous

Waste

from

43

Transporters

---

JCAR3 50809-091

2446r0

1

44

45

SUBPART

D:

PERMIT

AVAILABILITY

AND

SYMBOLS

46

47

Section

48

809.401

Permit

Availability

49

809.402

Nonhazardous

Special

Waste Symbols

50

51

SUBPART

E:

MANIFESTS,

RECORDS

ANT)

REPORTING

52

53

Section

54

809.501

Manifests,

Records,

Access

to

Records,

Reporting

Requirements

and Forms

55

56

SUBPART

F:

DURATION

OF

PERMITS

ANT)

TANK NUMBERS

57

58

Section

59

809.601

Duration

of

Special Waste

Hauler

Pennits and

Tank

Numbers

(Repealed)

60

61

SUBPART

G:

EMERGENCY

CONTINGENCIES

FOR SPILLS

62

63

Section

64

809.701

General

Provision

65

66

SUBPART

H:

EFFECTIVE

DATES

67

68

Section

69

809.80

1

Compliance

Date

70

809.802

Exceptions

(Repealed)

71

72

SUBPART

I:

HAZARDOUS

(INFECTIOUS)

HOSPITAL

WASTE

73

74

Section

75

809.901

Definitions

(Repealed)

76

809.902

Disposal

Methods

(Repealed)

77

809.903

Rendering

Innocuous

by

Sterilization

(Repealed)

78

809.904

Rendering

limocuous

by

Incineration

(Repealed)

79

809.905

Recordkeeping

Requirements

for Generators

(Repealed)

80

809.906

Defense

to Enforcement

Action (Repealed)

81

82

SUBPART

J: UNIFORM

PROGRAM

83

84

Section

85

809.9 10

Uniform

State Hazardous

Waste

Transportation

Registration

and Permit

Program

86

809.911

Application

for

a Uniform

Permit

---

JCAR350809-09

1

2446r01

87

809.9 12

Application

for

Uniform

Registration

88

809.9 13

Payment

of

Processing

and Audit Fees

89

809.914

Payment of Apportioned

Mile Fees

90

809.915

Submittal

of Fees

91

809.9 16

Previously Permitted

Transporters

92

809.917

Uniform Registration

and Uniform

Permit

Conditions

93

809.918

Uniform

Registration and Uniform

Permit Revision

94

809.9

19

Transfer

of Uniform

Registration

and Uniform

Permits

95

809.920

Audits

and

Uniform

Registration

and

Uniform

Permit Revocation

96

809.921

Permit

No Defense

97

98

809.APPENDIX

A

Old Rule

Numbers Referenced

(Repealed)

99

100

AUTHORITY:

Implementing

Sections

5, 10, 13,

21,

22, 22.01,

and 22.2 and

authorized

by

101

Section 27 of the Environmental

Protection

Act [415 ILCS 5/5, 10,

13, 21, 22, 22.01,

22.2,

and

102

27]

(see P.A. 90-2 19).

103

104

SOURCE:

Adopted in

R76-10,

33 PCB 131, at

3 Iii.

Reg. 13,

p.

155, effective March

31,

1979;

105

emergency amendment

in R76-10, 39 PCB

175, at 4111. Reg. 34,

p.

214, effective August

7,

106

1980, for a

maximum

of 150

days; emergency

amendment in

R80-19, 40 PCB 159,

at 5

III.

Reg.

107

270, effective January

1,

1981,

for a maximum

of 150 days;

amended in R77-12(B),

41

PCB

108

369, at 5 Ill. Reg.

6384, effective May

28, 1981; amended in

R80-19,

41

PCB

459,

at

5 Ill. Reg.

109

6378, effective

May 31, 1981; codified

in R81-9, 53 PCB

269, at

7

Ill. Reg. 13640,

effective

110

September

30, 1983; recodified

in

R84-5,

58 PCB 267,

from Subchapter h

to Subchapter i at 8

111

Ill. Reg. 13198;

amended

in

R89-13A

at 14111. Reg. 14076,

effective

August 15,

1990; amended

112

inR9l-18

at 16111. Reg. 130,

effective January 1, 1992;

amended

in R95-11

at2O

Ill.

Reg. 5635,

113

effective

March

27,

1996;

amended

in R98-29

at

23

Ill. Reg. 6842, effective

July

1,

1999;

114

amended

in R00-18 at 24

Ill. Reg.

14747, effective

September 25,

2000; amended in

R06-20

at

115

33 Ill.

Reg.

116

117

SUBPART

C: DELIVERY ANI)

ACCEPTANCE

118

119

Section

809.301 Requirements

for Delivery of

Nonhazardous

Special Waste to

120

Transporters

121

122

No

person

may deliver any special

waste generated

within

Illinois

or for disposal,

storage

or

123

treatment

within Illinois unless

that

person concurrently

delivers

a

manifest

completed in

124

accordance

with

Subpart

E of this

Part

to a

special waste transporter

who holds

a

current

125

nonhazardous

special waste

hauling permit or Uniform

Program

Registration and

Permit issued

126

by

the Agency under

Subpart

B

or

C

of this

Part. The following

are exceptions

to this

127

requirement:

128

---

JCAR350809-09

1 2446r0

1

129

The

generator

or

transporter

is

not required

to

complete

a

manifest

for

used

oil

130

that

is

defined

by and managed

in accordance

with

35 Iii.

Adm. Code

739.

131

132

)

The

generator

or transporter

is

not required

to complete

a

manifest for

the

133

following

materials,

provided

that

the generator

complies

with the

informational

134

requirements

of 35 III.

Adm. Code

739.146(a)

and 35

Ill. Adm.

Code 809.501(b):

135

136

j)

Mixtures

of used

oil

as

defined

by

and

managed

in

accordance

with

35 Ill.

137

Adm.

Code

739 and hazardous

waste,

both

generated and

mixed by

a

138

conditionally

exempt small

quantity

generator

of

hazardous

waste,

139

provided

that

the mixture

contains

more than

50 percent

used oil

by either

140

volume

or weight;

141

142

)

Mixtures

of used

oil

as

defined by

and managed

in accordance

with

35 Iii.

143

Adm.

Code

739 and

characteristic

hazardous

waste,

with

a Btu per

pound

144

content

greater

then 5,000,

when:

145

146

)

the characteristic

has

been

extinguished;

147

148

)

both the

used oil

and the characteristic

hazardous

waste have

been

149

generated

and

mixed

by the

same generator;

and

150

151

)

the

mixture contains

more

than

50 percent

used

oil

by

either

152

volume

or weight;

153

154

)

Mixtures

of used

oil as

defined

by

and

managed

in

accordance

with 35

Iii.

155

Adm.

Code 739 and

fuel or

other fuel products;

and

156

157

4)

Used oil

as defined

by

and managed

in

accordance

with 35 Ill.

Adm.

Code

158

739 contaminated

by or

mixed

with

nonhazardous

wastewater,

when the

159

used oil

and the nonhazardous

wastewater

are generated

by

the

same

160

generator,

and when

the

mixture

results

from use

or

unintentional

161

contamination.

162

163

(Source: Amended

at

33 Ill. Reg.

effective

164

165

Section

809.302

Requirements

for

Acceptance

of Nonhazardous

Special

or Hazardous

166

Waste

from

Transporters

167

168

a)

No

person

may accept

any

special

waste

for disposal,

storage

or treatment

within

169

Illinois from

a special

waste

transporter

unless the

special waste

transporter

has

a

170

valid nonhazardous

special

waste

hauling

permit

or Uniform

Program

171

Registration

and

Permit

issued by

the

Agency

under Subpart

B or

J

of this Part

---

JCAR3

50809-091

2446r01

172

and concurrently

presents

to

the receiver

of the special

waste,

or

the

receiver’s

173

agent,

a completed,

signed

manifest

as required

by

Subpart

E of

this

Part, which

174

manifest

designates

the receiver’s

facility

as the

destination

for

the

special

waste.

175

The

following

are

exceptions

to

this requirement:

176

177

1)

The

generator

or

transporter

is

not

required

to

complete

a

manifest

for

178

used

oil

that

is defined

by and

managed

in

accordance

with

35

Ill. Adm.

179

Code

739.

180

181

)

The generator

or transporter

is

not required

to complete

a

manifest

for

the

182

following

materials,

provided

that

the

generator

or transporter

complies

183

with

the

informational

requirements

of 35 Ill.

Adm.

Code

739.146(a)

and

184

35

Ill.

Adm.

Code

809.501(b):

185

186

Mixtures

of

used

oil

as

defined

by

and

managed

in

accordance

187

with

35 Ill.

Adm.

Code

739 and

hazardous

waste,

both

generated

188

and

mixed

by a

conditionally

exempt

small quantity

generator

of

189

hazardous

waste,

provided

that

the

mixture

contains

more

than

50

190

percent

used

oil

by

either

volume

or weight:

191

192

)

Mixtures

of used

oil

as

defined

by

and

managed

in accordance

193

with

35

Ill.

Adm.

Code

739 and

characteristic

hazardous

waste,

194

with a

Btu per

pound

content

greater

then

5,000, when:

195

196

j)

the characteristic

has

been

extinguished;

197

198

jj)

both

the used

oil

and the

characteristic

hazardous

waste

199

have

been

generated

and

mixed

by

the same

generator:

and

200

201

jjj

the mixture

contains

more

than

50

percent

used

oil by

202

either

volume

or

weight:

203

204

c)

Mixtures

of

used

oil as defined

by

and

managed

in

accordance

205

with

35 Ill.

Adm. Code

739

and fuel

or

other

fuel

products:

and

206

207

j

Used

oil

as defined

by

and

managed

in

accordance

with

35 Ill.

208

Adm.

Code

739 contaminated

by

or mixed

with

nonhazardous

209

wastewater,

when

the used

oil

and the

nonhazardous

wastewater

210

cgenerated

by

the same

generator,

and

when

the

mixture

results

211

from use

or

unintentional

contamination.

212

213

b)

No

person

may

deliver

special

waste

in Illinois

for

disposal,

storage

or

treatment

214

unless

the

person

who

accepts

the

special

waste

has

a

current,

valid

operating

---

JCAR3

50809-091 2446r0

1

215

permit issued

by

the Agency

and the necessary supplemental

permits required

by

216

35 Ill. Adm.

Code

807, as well as

all other

applicable

permits as required

by the

217

Act and

Board

regulations.

218

219

(Source: Amended

at 33

Ill. Reg.

effective

220

221

STJBPART E: MANIFESTS,

RECORDS

AND REPORTING

222

223

Section

809.501 Manifests,

Records, Access

to Records, Reporting

Requirements

and

224

Forms

225

226

a)

Any

person who delivers

special waste

to a permitted

nonhazardous

special

or

227

hazardous waste transporter

shall complete

a uniform

hazardous

waste

manifest

to

228

accompany

the

special waste

from delivery

to the destination

of

the special waste.

229

The

manifest form

will

be provided or prescribed

by the

Agency. The

following

230

are

exceptions

to

this requirement:

231

232

jJ

The generator or

transporter

is

not required to complete

a

manifest for

233

used oil that

is

defined by and managed

in accordance

with 35

111.

Adm.

234

Code 739.

235

236

The generator

or transporter is

not

required

to complete a manifest

for the

237

following materials,

provided

that the

generator or transporter

complies

238

with

the

informational

requirements of 35

Iii. Adm.

Code

739.146(a) and

239

35

Ill.

Adm.

Code 809.50

1(b):

240

241

Mixtures

of used oil as defined

by

and

managed

in

accordance

242

with 35 Ill. Adm.

Code

739

and hazardous waste,

both

generated

243

and

mixed

by a conditionally exempt

small

quantity

generator

of

244

hazardous waste,

provided

that the mixture contains

more than

50

245

percent used oil

by either volume

or weight;

246

247

)

Mixtures of used

oil as defined

by and

managed

in

accordance

248

with 35 Ill. Adm.

Code 739

and characteristic hazardous

waste,

249

with a Btu per

pound content greater

then 5,000,

when:

250

251

the

characteristic has

been extinguished;

252

253

jj)

both

the

used oil

and the characteristic

hazardous

waste

254

have been

generated and mixed

by the same

generator; and

255

256

jjj)

the mixture

contains more

than

50

percent

used

oil

by

257

either

volume or weight;

---

JCAR350809-09

1 2446r01

258

259

Mixtures

of used

oil as

defined

by

and

managed

in

accordance

260

with

35 Iii.

Adm.

Code

739

and fuel

or other

fuel

products;

and

261

262

Used

oil

as defined

by

and

managed

in

accordance

with

35 Iii.

263

Adm.

Code

739 contaminated

by or

mixed

with

nonhazardous

264

wastewater,

when

the used

oil and

the nonhazardous

wastewater

265

are generated

by

the

same

generator,

and

when

the mixture

results

266

from

use

or

unintentional

contamination.

267

268

b)

The transporter

shall

include

in the

manifest

the

following:

269

270

1)

The name

of

the

generator

of the

special

waste

and generator

number;

271

272

2)

Information

stating

when

and

where

the

special

waste

was generated;

273

274

3)

The name

of

the person

from

whom

delivery

is

accepted

and

the

name

of

275

the

site

from

which

delivered;

276

277

4)

The name

and

permit

number

of the

transporter;

278

279

5)

The

date

of

delivery;

and

280

281

6)

The

classification

and

quantity

of

the

special

waste

delivered

to

the

282

transporter.

283

284

c)

Manifest

copies

to be sent

to

the

Agency:

285

286

1)

Every

person

who

delivers

RCRA

hazardous

waste

or polychlorinated

287

biphenyl

(PCB)

wastes

to a

transporter

shall

submit

a copy

of

the

Illinois

288

manifest

to the

Agency

within

two

days after

the

shipment.

Every

person

289

who

accepts

RCRA

hazardous waste

or PCB

waste

from

a

transporter

290

shall

submit

a copy

of

the Illinois

manifest

to

the

Agency

within

30 days

291

after

receipt.

292

293

2)

A

person

who

delivers

RCRA

hazardous

waste

or

PCB wastes

to a

294

transporter

on another

state

T

s

manifest,

such

as

where

the

destination

state

295

requires

use of

its manifest,

does

not have

to submit

manifest

copies

to the

296

Agency.

297

298

3)

A

person

who delivers

non-RCRA

hazardous

wastes

or non-PCB

wastes

299

to

a

transporter

does not

have

to send

a

copy

of

the

manifest

to

the

300

Agency.

A

person

who

accepts

non-RCRA

hazardous

waste

or

non-PCB

---

JCAR350809-09 12446r01

301

wastes

from

a

transporter

does

not

have

to

send

a copy

of

the

manifest to

302

the

Agency.

303

304

d)

The manifest

will

consist

of at

least

four

parts,

in contrasting colors,

such that

an

305

entry

or signature

on

one

part

will

be

directly

reproduced

upon

all

underlying

306

parts.

The

top

part

of the

manifest

shall

be

signed

by

the person

who

delivers

307

special

waste

to a special

waste

transporter,

acknowledging

the

delivery.

The top

308

part

of the

manifest

shall

also

be signed

by the

special

waste

transporter,

309

acknowledging

receipt

of

the

special

waste.

The

person

who

delivers

special

310

waste

to

a

special

waste

transporter

shall

retain

the

designated

parts

of the

311

manifest

as

a

record.

The

remaining

parts

of

the

manifest

shall

accompany

the

312

special

waste

shipment.

At the

destination,

the

manifest

shall

be signed

by the

313

person

who

accepts

special

waste

from