OFFICE

OF

THE

SECRETARY

OF STATE

JESSE

WHITE•

Secretary

of

State

RECEIVED

September

2, 2009

CLERK’S

OFFICE

SEP

O2OO9

STATE

OF

ILLINOIS

POLLUTION

CONTROL

BOARD

Pollution

Control

Board

JOHN

THERRIAULT

ASSISTANT

CLERK

100 W RANDOLPH

ST,

STE 11-500

CHICAGO,IL

60601

Dear JOHN

THERRIAULT

ASSISTANT

CLERK

Your

rules Listed

below

met

our codification

standards

and have

been published

in

Volume

33,

Issue

37

of

the

Illinois Register,

dated

9/11/2009.

PROPOSED

RULES

Standards

for

the

Management

of

Used

Oil

35 Ill.

Adm. Code

739

12426

Point

of Contact:

Nancy Miller

Special

Waste

Classifications

35

Iii.

Adm. Code

808

12439

Point

of Contact:

Nancy

Miller

Nonhazardous

Special Waste

Hauling

and the

Uniform Program

35

Ill.

Adm.

Code

809

12446

Point

of Contact:

Nancy

Miller

If you

have any

questions,

you

may contact

the

Administrative

Code

Division

at

(217)

782- 7017.

Index

Department

- Administrative

Code

Division

- 111

East

Monroe

Springfield,

IL

62756

---

ILLINOIS

REGISTER

copy

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED

AMENDMENTS

1)

Heading

of the Part:

Standards for the Management

of

Used

Oil

2)

Code citation: 35

Ill. Adm.

Code

739

3)

Section

Numbers:

Proposed

Action:

739.146

Amend

739.156

Amend

739.165

Amend

739.174

Amend

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

used

a

published study or

report

in

developing its original

or amended

proposal.

7)

Will

these

proposed

rules

replace emergency

rules currently

in effect?:

No.

8)

Does this

rulemaking contain

an automatic

repeal

date? No.

9)

Does

these

proposed

rule

contain

incorporations

by

reference?:

No.

10)

Are

there

any other amendments

pending

on this

Part? No.

AIJS

26

2003

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

11)

Statement of statewide policy

objectives:

The proposed amendments do not create or 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

State of Illinois 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 that is defined by

and managed in accordance with the Board’s used oil management regulations.

B)

Reporting,

bookkeeping or other

procedures required

for compliance:

As the proposed rulemaking would provide an exemption

from

existing

requirements, it does not require procedures for compliance.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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:

---

ILLiNOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G: WASTE

DISPOSAL

CHAPTER

I: POLLUTION CONTROL

BOARD

SUBCHAPTER

C: HAZARDOUS

WASTE OPERATING

REQUIREMENTS

PART

739

STANDARDS FOR

THE MANAGEMENT

OF USED OIL

SUBPART A:

DEFINITIONS

Section

739.100

Definitions

SUBPART

B: APPLICABILITY

Section

739.110

Applicability

739.111

Used

Oil Specifications

739.112

Prohibitions

739.113

Electronic

Reporting

SUBPART

C: STANDARDS

FOR USED OIL

GENERATORS

Section

739.120

Applicability

739.12

1

Hazardous Waste Mixing

739.122

Used Oil

Storage

739.123

On-Site Burning

in Space Heaters

739.124

Off-Site

Shipments

SUBPART

D: STANDARDS

FOR USED

OIL

COLLECTION CENTERS

AND

AGGREGATION POINTS

Section

739.130

Do-It-Yourselfer

Used Oil Collection

Centers

739.13 1

Used Oil Collection

Centers

739.132

Used

Oil Aggregate Points

Owned

by

the Generator

SUBPART E:

STANDARDS FOR

USED OIL

TRANSPORTER

AND

TRANSFER FACILITIES

Section

739.140

Applicability

739.141

Restrictions

on Transporters

that Are

Not

Also

Processors

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

73 9.142

Notification

739.143

Used Oil Transportation

739.144

Rebuttable Presumption for

Used Oil

739.145

Used Oil Storage at Transfer Facilities

739.146

Tracking

739.147

Management of Residues

SUBPART

F:

STANDARDS

FOR USED OIL PROCESSORS

Section

739.150

Applicability

739.151

Notification

739.152

General Facility Standards

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

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

739.175

Notices

SUBPART I: DISPOSAL OF USED OIL

Section

739.180

Applicability

739.18

1

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 Iii. 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 Iii. Reg.

17616,

effective November 23, 1994; amended

in

R95-6 at 19 Iii. Reg. 10036, effective

June 27, 1995;

amended in R96- 1 0/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 R0&5/R06-6/R06-7 at 30 Ill. Reg. 4094,

effective February 23, 2006; amended in R06- 1 6/R06- 1 7/R06- 18 at 31111. Reg. 1413, effective

December 20, 2006; amended in

R07-5/R07-14

at 32 Iii. Reg. 13047, effective July

14, 2008;

amended in R06-20 at 33

Ill. Reg.

effective

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AN])

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 ofused oil accepted;

4)

The date of acceptance; and

---

ILL11’TOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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.

If the

transporter

has accepted

any shipment ofmixtures of used

oil and

materials identified in 35 111.

Adm. Code 808.12

1(b)(6),

the

transporter

must

also keep a record

including the

following:

A)

Information

stating

when and where the

special waste was generated;

The classification and

quantity of the

special

waste delivered to the

transporter;

)

Any special

handling

instructions

pertinent to emergency

personnel

in the event of an

accident;

and

)

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

labeledlplacarded,

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:

---

ILIJNOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE

OF PROPOSED AMENDMENTS

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)(l) 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 0Th

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;

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

ofused

oil and

materials identified in 35 Ill. Adm. Code 808.121

(b)(6),

the

transporter

must

also

keep

a record

including

the

following:

)

Information stating when

and

where

the special waste was

generated:

)

The classification and

quantity

of the

special

waste delivered to

the

transporter;

)

Any

special handling instructions

pertinent

to emergency

personnel

n

the event of an

accident;

and

)

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

labeledlplacarded,

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

---

ILLiNOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

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

808.121(b)(6),

the transporter must

also keep

a

record including

the

following:

)

Information

stating when and where the

special

waste was

generated;

.)

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

J)

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

---

ILLiNOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED AMENDMENTS

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 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.

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

D

If the

transporter

has

accepted

any

shipment

of mixtures ofused 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;

The classification and quantity of the

special

waste delivered to the

transporter;

)

Any special handling instructions

pertinent to emergency

personnel

in the event of

an

accident;

and

)

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)

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:

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED AMENDMENTS

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.

D

If the transporter has

accepted any

shipment

of mixtures of used oil and

materials identified in

35

111. Adm.

Code 808.12

l(b)(5)

or

(b)(6),

the

transporter must also

keep

a record including the

following:

Information

stating

when and where the

special

waste was generated;

)

The classification

and

quantity

of the special waste delivered to the

transporter;

)

Any special

handling instructions

pertinent to emergency

personnel

in

the event of an accident;

and

)

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.”

---

ILLiNOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF

PROPOSED AMENDMENTS

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.

(Source: Amended

at 33

Ill.

Reg.

, effective

---

COPY

ILlINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

1)

Heading

of

the Part:

Special Waste Classifications

2)

Code citation:

35 Ill. Adm. Code 808

3)

Section Numbers:

Proposed

Action:

808.121

Amend

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 used a

published

study

or report

in developing its original or amended proposal.

7)

Will these

proposed

rules replace emergency rules

currently

in effect?. No.

8)

Does this

rulemaking

contain an automatic repeal date? No.

9)

Does these proposed

rule contain

incorporations by

reference?: No.

10)

Are there

any

other amendments

pending on this Part? No.

ECV

AtJ3

2

&

2033

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

11)

Statement of statewide policy objectives:

The proposed amendments

do

not create

or

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

State of Illinois 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

that is defined

by

and managed in accordance with

the Board’s used oil management regulations.

B)

Reporting. bookkeeping or other procedures required

for compliance:

As the proposed rulemaking

would provide an exemption from existing

requirements, it

does

not

require procedures for compliance.

---

ILLiNOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

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 Iii. Reg. 8085, 8091 (May

30, 2008).

The full text of the proposed amendments begins

on the next page:

---

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

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

808.24 1

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

808.30

1

Degree of Hazard Determination by Computer

808.302

Data

Base and Bioassay Procedures

SUBPART D: REQUEST FOR WASTE CLASSIFICATION

Section

---

ILIJNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED AMENDMENT

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

8

08.420

Quality Assurance Plan

808.430

Degree

of Hazard Data

808.43 1

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: WASTESTREAM 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

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF

PROPOSED

AMENDMENT

808 .APPENDD( A

Assignment Of Special

Waste To Classes

808.APPENDLX 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, 27].

SOURCE: Adopted in R89-13A at 14 Iii. Reg. 14043, effective August 15, 1990; amended

in

R98-29

at 23

Iii. Reg. 6875, effective July 1,

1999; amended in R06-20 at 33 Ill. Reg.

effective

SUBPART A: GENERAL PROVISIONS

Section 808.12 1

Generator

Obligations

a)

Each person who generates waste

shall determine whether the waste is a special

waste.

BOARD NOTE: 35 Iii. 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 Iii. 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 3

09.208.

---

ILLINOIS REGISTER

POLLUTION CONTROL

BOARD

NOTICE OF PROPOSED

AMENDMENT

The generator is not

required to complete

a manifest for used oil

that is

defined

by

and

managed

in accordance

with

35 Iii. Adm. Code

739.

The generator

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):

Mixtures of

used

oil

as defined

by

and managed

in

accordance

with

35

Ill.

Mm.

Code 739 and hazardous

waste,

both

generated and

mixed by conditionally

exempt small quantity

generator

of

hazardous

waste,

provided

that

such

mixture

contains

more than

fifty

percent

used

oil by

either

volume or weight;

Mixtures of used oil as

defined by and managed

in

accordance

with

35

Iii. Adm.

Code 739 and characteristic

hazardous

waste, with

a

Btu

per

pound

content

greater

then 5,000,

where:

the characteristic

has been

extinguished;

jj)

both the used

oil and the characteristic

hazardous

waste

have been

generated

and mixed

by

the same

generator;

and

jjj)

the mixture contains

more than

fifty

percent

used oil

by

either

volume or

weight.

Mixtures

of used oil as defined

by

and managed

in

accordance

with

35

Iii. Adm.

Code 739 and fuel or

other fuel products; and

)

Used oil as defined

by

and

managed

in accordance

with

35 Iii.

Adm.

Code

739

contaminated

by

or mixed with nonhazardous

wastewater,

where the used oil

and the nonhazardous

wastewater

are

generated by

the

same generator, and

where 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:

---

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENT

1)

At afacility permitted or otherwise

authorized to manage the special

waste pursuant to 35111. Adm. Code 703 or 807

[415

ILCS

5/21(d)

and

Lc)I

(Sections 2 1(d) and

(e)

of the Act);

or

2)

At a facility owned and operated

by such person and subject to the on-site

disposal exemption ofSection 21(d) ofthe Act

[415

ILCS

5/21(d)]

(Section

21(d) of the 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

‘z

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

1)

Heading

of the Part: Nonhazardous Special Waste Hauling and the Uniform Program

2)

Code citation: 35 Ill. Adm. Code 809

3)

Section Numbers:

Proposed Action:

809.301

Amend

809.302

Amend

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 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 used a

published study or report in developing its original or amended proposal.

7)

Will these

proposed

rules

replace

emergency rules currently in effect?: No.

8)

Does this

rulemaking

contain an automatic

repeal

date?: No.

9)

Do these

proposed

rules contain incorporations

by reference?: No.

10)

Are

there

any

other amendments pending

on this Part? No.

CEW

AUG 26

2803

---

ILLINOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

11)

Statement of statewide

policy

objectives:

The proposed amendments do not create or 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

State of Illinois 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 that is defined

by

and managed in accordance with the Board’s

used oil management regulations.

B)

Reporting,

bookkeeping

or other procedures required for compliance:

As the proposed rulemaking would provide an exemption

from existing

requirements, it does not require procedures

for compliance.

---

ILLINOIS REGISTER

POLLUTION CONTROL

BOARD

NOTICE OF PROPOSED AMENDMENTS

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:

---

ILLINOIS

REGISTER

POLLUTION CONTROL

BOARD

NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND

SPECIAL WASTE HAUIJNG

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

8 09.209

Permit No Defense

809.2 10

General Exemption from

Nonhazardous Special Waste Hauling Permit

Requirements

809.211

Exemptions

for Nonhazardous

Special Waste Transporters

809.2 12

Duration of Nonhazardous

Special Waste Hauling Permits

SUBPART

C:

DELIVERY

AND ACCEPTANCE

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section

809.30 1

Requirements for Delivery of Nonhazardous Special Waste to Transporters

8

09.3 02

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

809.50 1

Manifests, Records,

Access to

Records, Reporting Requirements

and Forms

SUBPART F: DURATION OF PERMITS AND TANK NUMBERS

Section

809.60 1

Duration of Special

Waste

Hauler Permits and Tank Numbers

(Repealed)

SUBPART

G:

EMERGENCY CONTINGENCIES FOR SPILLS

Section

809.70

1

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)

---

ILLINOIS

REGISTER

POLLUTION CONTROL

BOARD

NOTICE OF PROPOSED AMENDMENTS

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

809.9 10

Uniform State Hazardous Waste Transportation Registration

and

Permit Program

809.911

Application for a Uniform Permit

809.9 12

Application for Uniform Registration

809.9 13

Payment of Processing and Audit

Fees

809.914

Payment of Apportioned Mile Fees

809.915

Submittal of Fees

809.9 16

Previously Permitted Transporters

809.917

Uniform Registration and Uniform Permit Conditions

809.9 18

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

809.92 1

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

E415

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

and

27]

(see

P.A. 90-2 19).

SOURCE: Adopted in R76-10, 33 PCB 131, at 3 Ill. Reg. 13,

p.

155, effective March 31,

1979;

emergency amendment in R76-10, 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 R77-12(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 R81-9,

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 14111. Reg. 14076, effective

August 15, 1990; amended in R91-

18 at 16 Ill. Reg.

130, effective January

1, 1992; amended in R95-1 1

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

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

SUBPART

C: DELIVERY AND ACCEPTANCE

Section 809.30 1

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:

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.

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 Iii. Adm. Code

739.146(a)

and

35

Ill. Adm. Code

809.501(b):

fl

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 such mixture contains more than

fifty

percent

used oil by either volume

or

weight

)

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, where:

i)

the characteristic

has been

extinguished:

ii)

where both the

used oil and the characteristic hazardous waste have

been

generated

and mixed

by

the same generator: and

iii)

where the mixture

contains more than

fifty percent

used oil

by

either volume

or weight.

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED

AMENDMENTS

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,

where

the

used

oil

and

the nonhazardous

wastewater are

generated

by

the

same

generator,

and

where the mixture

results from

use

or

unintentional

contamination.

(Source:

Amended at

33

Iii. 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 receiver’s

agent,

a completed,

signed manifest

as

required

by Subpart E of this

Part, which

manifest designates

the receiver’s facility

as the destination

for the

special waste.

The following

are exceptions

to this

requirement:

fl

The generator or

transporter

is not

reciuired

to complete

a

manifest

for

used

oil that is defined

by

and

managed

in accordance

with

35

Iii. Adm.

Code

739.

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):

Ai

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

such

mixture contains

more

than

fifty

percent

used

oil

by

either

volume or weight;

---

ILLiNOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

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, where:

the characteristic

has been extinguished;

jj

where both the

used oil and the characteristic hazardous

waste have

been

generated

and mixed

by

the

same

generator; and

jjj

where the mixture contains

more than

fifly

percent

used oil

by

either volume or weight;

Mixtures of used oil as defined

by

and

managed

in accordance with

35

Iii. Adm.

Code 739 and fuel or other fuel

products;

and

)

Used oil as defined

by and

managed

in accordance with 35 Ill.

Adm. Code 739 contaminated

by or mixed with nonhazardous

wastewater, where the used oil and the nonhazardous

wastewater

are

generated by the same

generator,

and where the mixture

results

from

use

or unintentional

contamination.

a)

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.

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED

AMENDMENTS

The

manifest form

will be provided

or prescribed

by the Agency.

The

following

are exceptions

to

this

requirement:

D

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.

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

Iii. Adm.

Code

809.501(b):

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

such mixture contains

more

than

fifty

percent

used oil

by

either volume

or

weight;

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, where:

the characteristic

has been extinguished;

jj

where

both the used oil and

the

characteristic

hazardous

waste have been

generated and

mixed by the

same

generator,

and;

jjj)

where

the

mixture contains more

than

fifty

percent used

oil

by

either volume or

weight.

)

Mixtures of used

oil as defined

by and

managed

in

accordance

with

35

Ill. Adm.

Code

739 and fuel or other

fuel products;

and

Used oil

as defined

by

and

managed

in accordance

with

35 Ill.

Adm.

Code

739 contaminated

by

or mixed with

nonhazardous

wastewater, where

the used oil and the

nonhazardous

wastewater

are

generated

by the same

generator,

and where

the

mixture

results

from use or

unintentional

contamination.

---

ILLiNOIS

REGISTER

POLLUTION CONTROL

BOARD

NOTICE

OF PROPOSED

AMENDMENTS

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 state’s 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-RCRA

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

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF

PROPOSED AMENDMENTS

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 Iii. 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.

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

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

(i) 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 forwaste

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.

---

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED

AMENDMENTS

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 JEPA 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.

(Source: Amended at 33 Ill. Reg.

effective