Microsoft Word - R04-016 Order 040104

ILLINOIS POLLUTION CONTROL BOARD

April 1, 2004

IN THE MATTER OF: )

) R04-16

RCRA SUBTITLE C UPDATE, USEPA ) (Identical-in-Substance

AMENDMENTS (July 1, 2003 through ) Rulemaking - Land)

December 31, 2003) )

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by G.T. Girard):

SUMMARY OF TODAY’S ACTION

This identical-in-substance rulemaking would update the Illinois hazardous waste

regulations to incorporate revisions to the federal regulations. The federal amendments that

prompted this action were made by the United States Environmental Protection Agency

(USEPA) during the period of July 1, 2003 through December 31, 2003. This proceeding

proposes amendments to 35 Ill. Adm. Code 721 and 739. This proposal for public comment

would also make a series of non-substantive corrections and stylistic revisions to segments of the

text of 35 Ill. Adm. Code 739 that are not otherwise affected by the covered federal amendments.

Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and

22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to

hazardous waste regulations adopted by the USEPA. These USEPA rules implement Subtitle C

of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C.

§§ 6921

et seq

. (2000)).

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in

substance to federal regulations that USEPA adopts to implement Sections 3001 through 3005 of

RCRA (42 U.S.C. §§ 6921-6925 (2000)). Section 22.4(a) also provides that Title VII of the Act

and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2002)) do

not apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA

Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.

This order is supported by an opinion that the Board also adopts today. The Board will

cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

open to receive public comments for 45 days after the date of publication.

IT IS SO ORDERED.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101 Purpose and Scope

721.102 Definition of Solid Waste

721.103 Definition of Hazardous Waste

721.104 Exclusions

721.105 Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

721.106 Requirements for Recyclable Materials

721.107 Residues of Hazardous Waste in Empty Containers

721.108 PCB Wastes Regulated under TSCA

721.109 Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF

HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110 Criteria for Identifying the Characteristics of Hazardous Waste

721.111 Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120 General

721.121 Characteristic of Ignitability

721.122 Characteristic of Corrosivity

721.123 Characteristic of Reactivity

721.124 Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130 General

721.131 Hazardous Wastes from Nonspecific Sources

721.132 Hazardous Waste from Specific Sources

721.133 Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues, and Spill Residues Thereof

721.135 Wood Preserving Wastes

721.138 Comparable or Syngas Fuel Exclusion

721.Appendix A Representative Sampling Methods

721.Appendix B Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C Chemical Analysis Test Methods

Table A Analytical Characteristics of Organic Chemicals (Repealed)

Table B Analytical Characteristics of Inorganic Species (Repealed)

Table C Sample Preparation/Sample Introduction Techniques (Repealed)

721.Appendix G Basis for Listing Hazardous Wastes

721.Appendix H Hazardous Constituents

721.Appendix I Wastes Excluded by Administrative Action

Table A Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from Non-

Specific Sources

Table B Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from

Specific Sources

Table C Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from

Commercial Chemical Products, Off-Specification Species, Container

Residues, and Soil Residues Thereof

Table D Wastes Excluded by the Board by Adjusted Standard

721.Appendix J Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans (Repealed)

721.Appendix Y Table to Section 721.138

721.Appendix Z Table to Section 721.102

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 R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.

2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12,

1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in

R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998,

effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986;

amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill.

Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective

March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in

R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg.

19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January

15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39

at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382, effective

December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13, 1989;

amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill.

Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective

May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91-

1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16 Ill. Reg. 2155,

effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3, 1992;

amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.

17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26,

1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22, 1993; amended in R93-

16 at 18 Ill. Reg. 6741, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175,

effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994;

amended in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 10963, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275,

effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998;

amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended

in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at

23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June

20, 2000; amended in R01-3 at 25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-

21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6584, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July

17, 2003; amended in R04-16 at 28 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 721.105 Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

a) A generator is a conditionally exempt small quantity generator in a calendar

month if it generates no more than 100 kilograms of hazardous waste in that

month.

b) Except for those wastes identified in subsections (e), (f), (g), and (j) of this

Section, a conditionally exempt small quantity generator’s hazardous wastes are

not subject to regulation under 35 Ill. Adm. Code 702, 703, 722 through 726, and

728, and the notification requirements of section 3010 of Resource Conservation

and Recovery Act, provided the generator complies with the requirements of

subsections (f), (g), and (j) of this Section.

c) When making the quantity determinations of this Part and 35 Ill. Adm. Code 722,

the generator must include all hazardous waste that it generates, except the

following hazardous waste:

1) Hazardous waste that is exempt from regulation under Section 721.104(c)

through (f), 721.106(a)(3), 721.107(a)(1), or 721.108;

2) Hazardous waste that is managed immediately upon generation only in on-

site elementary neutralization units, wastewater treatment units, or totally

enclosed treatment facilities, as defined in 35 Ill. Adm. Code 720.110;

3) Hazardous waste that is recycled, without prior storage or accumulation,

only in an on-site process subject to regulation under Section

721.106(c)(2);

4) Hazardous waste that is used oil managed under the requirements of

Section 721.106(a)(4) and 35 Ill. Adm. Code 739;

5) Hazardous waste that is spent lead-acid batteries managed under the

requirements of Subpart G of 35 Ill. Adm. Code 726; and

6) Hazardous waste that is universal waste managed under Section 721.109

and 35 Ill. Adm. Code 733.

d) In determining the quantity of hazardous waste it generates, a generator need not

include the following:

1) Hazardous waste when it is removed from on-site storage;

2) Hazardous waste produced by on-site treatment (including reclamation) of

its hazardous waste so long as the hazardous waste that is treated was

counted once;

3) Spent materials that are generated, reclaimed, and subsequently reused on-

site, so long as such spent materials have been counted once.

e) If a generator generates acute hazardous waste in a calendar month in quantities

greater than those set forth below in subsections (e)(1) and (e)(2) of this Section,

all quantities of that acute hazardous waste are subject to full regulation under 35

Ill. Adm. Code 702, 703, 722 through 726, and 728, and the notification

requirements of section 3010 of the Resource Conservation and Recovery Act:.

1) A total of one kilogram of one or more of the acute hazardous wastes

listed in Section 721.131, 721.132, or 721.133(e); or

2) A total of 100 kilograms of any residue or contaminated soil, waste, or

other debris resulting from the clean-up of a spill, into or on any land or

water, of any one or more of the acute hazardous wastes listed in Section

721.131, 721.132, or 721.133(e).

BOARD NOTE: “Full regulation” means those regulations applicable to

generators of greater than 1000 kg of non-acute hazardous waste in a calendar

month.

f) In order for acute hazardous wastes generated by a generator of acute hazardous

wastes in quantities equal to or less than those set forth in subsection (e)(1) or

(e)(2) of this Section to be excluded from full regulation under this Section, the

generator must comply with the following requirements:

1) 35 Ill. Adm. Code 722.111.

2) The generator may accumulate acute hazardous waste on-site. If the

generator accumulates at any time acute hazardous wastes in quantities

greater than set forth in subsection (e)(1) or (e)(2) of this Section, all of

those accumulated wastes are subject to regulation under 35 Ill. Adm.

Code 702, 703, 722 through 726, and 728, and the applicable notification

requirements of section 3010 of the Resource Conservation and Recovery

Act. The time period of 35 Ill. Adm. Code 722.134(a), for accumulation

of wastes on-site, begins when the accumulated wastes exceed the

applicable exclusion limit.

3) A conditionally exempt small quantity generator may either treat or

dispose of its acute hazardous waste in an on-site facility or ensure

delivery to an off-site treatment, storage, or disposal facility, any of

which, if located in the United States, meets any of the following

conditions:

A) The facility is permitted under 35 Ill. Adm. Code 702 and 703;

B) The facility has interim status under 35 Ill. Adm. Code 702, 703,

and 725;

C) The facility is authorized to manage hazardous waste by a state

with a hazardous waste management program approved by USEPA

pursuant to 40 CFR 271;

D) The facility is permitted, licensed, or registered by a state to

manage municipal solid waste and, if managed in a municipal solid

waste landfill facility, the landfill is subject to 35 Ill. Adm. Code

810 through 814 or 40 CFR 258;

E) The facility is permitted, licensed, or registered by a state to

manage non-municipal non-hazardous waste and, if managed in a

non-municipal non-hazardous waste disposal unit, the unit is

subject to the requirements of 40 CFR 257.5 through 257.30;

BOARD NOTE: The Illinois non-hazardous waste landfill

regulations, 35 Ill. Adm. Code 810 through 814, do not allow the

disposal of hazardous waste in a landfill regulated under those

rules. The Board intends that subsections (f)(3)(D) and (f)(3)(E)

of this Section impose a federal requirement on the hazardous

waste generator. The Board specifically does not intend that these

subsections authorize any disposal of conditionally-exempt small

quantity generator waste in a landfill not specifically permitted to

accept the particular hazardous waste.

F) The facility is one that fulfills one of the following conditions:

i) It beneficially uses or reuses or legitimately recycles or

reclaims its waste; or

ii) It treats its waste prior to beneficial use or reuse or

legitimate recycling or reclamation; or

G) For universal waste managed under 35 Ill. Adm. Code 733 or 40

CFR 273, the facility is a universal waste handler or destination

facility subject to the requirements of 35 Ill. Adm. Code 733 or 40

CFR 273.

g) In order for hazardous waste generated by a conditionally exempt small quantity

generator in quantities of less than 100 kilograms of hazardous waste during a

calendar month to be excluded from full regulation under this Section, the

generator must comply with the following requirements:

1) 35 Ill. Adm. Code 722.111;

2) The conditionally exempt small quantity generator may accumulate

hazardous waste on-site. If it accumulates at any time more than a total of

1000 kilograms of the generator’s hazardous waste, all of those

accumulated wastes are subject to regulation under the special provisions

of 35 Ill. Adm. Code 722 applicable to generators of between 100 kg and

1000 kg of hazardous waste in a calendar month, as well as the

requirements of 35 Ill. Adm. Code 702, 703, 723 through 726, and 728,

and the applicable notification requirements of Section 3010 of the

Resource Conservation and Recovery Act. The time period of 35 Ill.

Adm. Code 722.134(d) for accumulation of wastes on-site begins for a

small quantity generator when the accumulated wastes exceed 1000

kilograms;

3) A conditionally exempt small quantity generator may either treat or

dispose of its hazardous waste in an on-site facility or ensure delivery to

an off-site treatment, storage, or disposal facility, any of which, if located

in the United States, meets any of the following conditions:

A) The facility is permitted under 35 Ill. Adm. Code 702 and 703;

B) The facility has interim status under 35 Ill. Adm. Code 702, 703,

and 725;

C) The facility is authorized to manage hazardous waste by a state

with a hazardous waste management program approved by USEPA

under 40 CFR 271 (2002);

D) The facility is permitted, licensed, or registered by a state to

manage municipal solid waste and, if managed in a municipal solid

waste landfill facility, the landfill is subject to 35 Ill. Adm. Code

810 through 814 or 40 CFR 258;

E) The facility is permitted, licensed, or registered by a state to

manage non-municipal non-hazardous waste and, if managed in a

non-municipal non-hazardous waste disposal unit, the unit is

subject to the requirements of 40 CFR 257.5 through 257.30;

BOARD NOTE: The Illinois non-hazardous waste landfill

regulations, 35 Ill. Adm. Code 810 through 814, do not allow the

disposal of hazardous waste in a landfill regulated under those

rules. The Board intends that subsections (g)(3)(D) and (g)(3)(E)

of this Section impose a federal requirement on the hazardous

waste generator. The Board specifically does not intend that these

subsections authorize any disposal of conditionally-exempt small

quantity generator waste in a landfill not specifically permitted to

accept the particular hazardous waste.

F) The facility is one that fulfills the following conditions:

i) It beneficially uses or re-uses, or legitimately recycles or

reclaims the small quantity generator’s waste; or

ii) It treats its waste prior to beneficial use or re-use or

legitimate recycling or reclamation; or

G) For universal waste managed under 35 Ill. Adm. Code 733 or 40

CFR 273, the facility is a universal waste handler or destination

facility subject to the requirements of 35 Ill. Adm. Code 733 or 40

CFR 273.

h) Hazardous waste subject to the reduced requirements of this Section may be

mixed with non-hazardous waste and remain subject to these reduced

requirements even though the resultant mixture exceeds the quantity limitations

identified in this Section, unless the mixture meets any of the characteristics of

hazardous wastes identified in Subpart C of this Part.

i) If a small quantity generator mixes a solid waste with a hazardous waste that

exceeds a quantity exclusion level of this Section, the mixture is subject to full

regulation.

j) If a conditionally exempt small quantity generator’s hazardous wastes are mixed

with used oil, the mixture is subject to 35 Ill. Adm. Code 739 if it is destined to be

burned for energy recovery. Any material produced from such a mixture by

processing, blending, or other treatment is also so regulated if it is destined to be

burned for energy recovery.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

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 Oil Specifications

739.112 Prohibitions

SUBPART C: STANDARDS FOR USED OIL GENERATORS

Section

739.120 Applicability

739.121 Hazardous waste mixing Waste Mixing

739.122 Used oil storage Oil Storage

739.123 On-site burning On-Site Burning in space heaters Space Heaters

739.124 Off-site shipmentsOff-Site Shipments

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS AND

AGGREGATION POINTS

Section

739.130 Do-it-yourselfer used oil collection centersDo-It-Yourselfer Used Oil Collection

Centers

739.131 Used oil collection centers Oil Collection Centers

739.132 Used oil aggregate points owned Oil Aggregate Points Owned by the generator

Generator

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND

TRANSFER FACILITIES

Section

739.140 Applicability

739.141 Restrictions on transporters Transporters that are not also processors Are Not

Also Processors

739.142 Notification

739.143 Used oil transportation Oil Transportation

739.144 Rebuttable presumption Presumption for used oil Used Oil

739.145 Used oil storage Oil Storage at transfer facilities Transfer Facilities

739.146 Tracking

739.147 Management of residues Residues

SUBPART F: STANDARDS FOR USED OIL PROCESSORS

Section

739.150 Applicability

739.151 Notification

739.152 General facility standards Facility Standards

739.153 Rebuttable presumption Presumption for used oil Used Oil

739.154 Used oil management Oil Management

739.155 Analysis plan Plan

739.156 Tracking

739.157 Operating record and reporting Record and Reporting

739.158 Off-site shipments Off-Site Shipments of used oil Used Oil

739.159 Management of residues 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 Burning

739.162 Notification

739.163 Rebuttable presumption Presumption for used oil Used Oil

739.164 Used oil storage Oil Storage

739.165 Tracking

739.166 Notices

739.167 Management of residues Residues

SUBPART H: STANDARDS FOR USED OIL FUEL MARKETERS

Section

739.170 Applicability

739.171 Prohibitions

739.172 On-specification used oil fuelOn-Specification Used Oil Fuel

739.173 Notification

739.174 Tracking

739.175 Notices

SUBPART I: STANDARDS FOR USE AS A DUST SUPPRESSANT

DISPOSAL OF USED OIL

Section

739.180 Applicability

739.181 Disposal

739.182 Use as As a dust suppressant Dust Suppressant

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 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 R96-10/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. ________, effective ______________________.

SUBPART A: DEFINITIONS

Section 739.100 Definitions

Terms that are defined in 35 Ill. Adm. Code 720.110, 721.101, and 731.112 have the same meanings

when used in this Part.

“Aboveground tank” means a tank used to store or process used oil that is not an

underground storage tank, as defined in 35 Ill. Adm. Code 280.12.

BOARD NOTE: This definition is different from the definition for “Aboveground

aboveground tank” given in 35 Ill. Adm. Code 720.110. Although the meanings are

similar, the main distinction is that the definition for this Part limits the tanks to those

used to store or process used oil, whereas the 720.110 definition contemplates tanks

that contain hazardous wastes. The above definition of this Section is limited to this

Part only.

“Container” means any portable device in which a material is stored, transported,

treated, disposed of, or otherwise handled.

“Do-it-yourselfer used oil collection center” means any site or facility that accepts or

aggregates and stores used oil collected only from household do-it-yourselfers.

“Existing tank” means a tank that is used for the storage or processing of used oil and

that is in operation, or for which installation has had commenced on or prior to the

effective date of the authorized used oil program for the State in which the tank is

located October 4, 1996. Installation will be considered to have commenced if the

owner or operator has had obtained all federal, state, and local approvals or permits

necessary to begin installation of the tank and if either of the following had

occurred:

A continuous on-site installation program has had begun, or

The owner or operator has had entered into contractual obligations that

cannot be canceled or modified without substantial loss for installation of the

tank to be completed within a reasonable time.

BOARD NOTE: This definition is similar to the definition for “Existing tank

system” in 35 Ill. Adm. Code 720.110. Although the meanings are similar,

the definition given above for “existing tank” in this Part limits the tanks to

those used to store or process used oil, whereas the 720.110 definition

contemplates tanks systems that contain hazardous wastes. The above

definition of this Section is limited to this Part only.

“Household ‘do-it-yourselfer’ used oil” means oil that is derived from households,

such as used oil generated by individuals who generate used oil through the

maintenance of their personal vehicles.

BOARD NOTE: Household ‘do-it-yourselfer’ used oil is not subject to the State’s

special waste hauling permit requirements under Part 809.

“Household ‘do-it-yourselfer’ used oil generator” means an individual who generates

household “do-it-yourselfer” used oil.

“New tank” means a tank that will be used to store or process used oil and for which

installation has had commenced after the effective date of the authorized used oil

program for the State in which the tank is located October 4, 1996.

BOARD NOTE: This definition is similar to the definition given for “New tank

system” given in 35 Ill. Adm. Code 720.110. Although the meanings are similar, the

definition given above for “new tank” in this Part limits the tanks to those used to

store or process used oil, whereas the 720.110 definition contemplates new tanks

systems which that contain hazardous wastes. The above definition of this Section

is limited to this Part only.

“Petroleum refining facility” means an establishment primarily engaged in producing

gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through

fractionation, straight distillation of crude oil, redistillation of unfinished petroleum

derivatives, cracking, or other processes (i.e., facilities classified as SIC 2911).

“Processing” means chemical or physical operations designed to produce from used

oil, or to make used oil more amenable for production of, fuel oils, lubricants, or

other used oil-derived product. Processing includes, but is not limited to the

following: blending used oil with virgin petroleum products, blending used oils to

meet the fuel specification, filtration, simple distillation, chemical or physical

separation, and re-refining.

“Re-refining distillation bottoms” means the heavy fraction produced by vacuum

distillation of filtered and dehydrated used oil. The composition of still bottoms

varies with column operation and feedstock.

“Tank” means any stationary device, designed to contain an accumulation of used oil

which that is constructed primarily of non-earthen materials, (e.g., wood, concrete,

steel, plastic) which provides provide structural support.

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil,

that has been used and as a result of such use is contaminated by physical or

chemical impurities.

“Used oil aggregation point” means any site or facility that accepts, aggregates, or

stores used oil collected only from other used oil generation sites owned or operated

by the owner or operator of the aggregation point, from which used oil is transported

to the aggregation point in shipments of no more than 55 gallons. Used oil

aggregation points may also accept used oil from household do-it-yourselfers.

“Used oil burner” means a facility where used oil not meeting the specification

requirements in Section 739.111 is burned for energy recovery in devices identified

in Section 739.161(a).

“Used oil collection center” means any site or facility that is registered by the

Agency to manage used oil and accepts or aggregates and stores used oil collected

from used oil generators regulated under Subpart C of this Part that bring used oil to

the collection center in shipments of no more than 55 gallons under the provisions of

Section 739.124. Used oil collection centers may also accept used oil from

household do-it-yourselfers.

“Used oil fuel marketer” means any person that conducts either of the following

activities:

Directs a shipment of off-specification used oil from their facility to a used

oil burner; or

First claims that used oil that is to be burned for energy recovery meets the

used oil fuel specifications set forth in Section 739.111.

“Used oil generator” means any person, by site, whose act or process produces used

oil or whose act first causes used oil to become subject to regulation.

“Used oil processor” means a facility that processes used oil.

“Used oil transfer facility” means any transportation-related facility including

loading docks, parking areas, storage areas, and other areas where shipments of used

oil are held for more than 24 hours and not longer than 35 days during the normal

course of transportation or prior to an activity performed pursuant to Section

739.120(b)(2). Transfer facilities that store used oil for more than 35 days are

subject to regulation under Subpart F of this Part.

“Used oil transporter” means any person that transports used oil, any person that

collects used oil from more than one generator and that transports the collected oil,

and owners and operators of used oil transfer facilities. Used oil transporters may

consolidate or aggregate loads of used oil for purposes of transportation but, with the

following exception, may not process used oil. Transporters may conduct incidental

processing operations that occur in the normal course of used oil transportation (e.g.,

settling and water separation), but that are not designed to produce (or make more

amenable for production of) used oil derived products or used oil fuel.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

SUBPART B: APPLICABILITY

Section 739.110 Applicability

This Section identifies those materials which that are subject to regulation as used oil under this

Part. This Section also identifies some materials that are not subject to regulation as used oil

under this Part, and indicates whether these materials may be subject to regulation as hazardous

waste under 35 Ill. Adm. Code 702, 703, 720 through 726, and 728.

a) Used oil. USEPA presumes that used Used oil is presumed to be recycled, unless

a used oil handler disposes of used oil, or sends used oil for disposal. Except as

provided in Section 739.111, the regulations of this Part apply to used oil, and to

materials identified in this Section as being subject to regulation as used oil,

whether or not the used oil or material exhibits any characteristics of hazardous

waste identified in Subpart C of 35 Ill. Adm. Code 721.Subpart C.

b) Mixtures of used oil and hazardous waste.

1) Listed hazardous waste.

A) A mixture of used oil and hazardous waste that is listed in Subpart

D of 35 Ill. Adm. Code 721.Subpart D is subject to regulation as

hazardous waste under 35 Ill. Adm. Code 703, 720 through 726,

and 728, rather than as used oil under this Part.

B) Rebuttable presumption for used oil. Used oil containing more

than 1,000 ppm total halogens is presumed to be a hazardous waste

because it has been mixed with halogenated hazardous waste listed

in Subpart D of 35 Ill. Adm. Code 721.Subpart D. Persons may

rebut this presumption by demonstrating that the used oil does not

contain hazardous waste (for example, by using an analytical

method from SW-846, Edition III incorporated by reference in 35

Ill. Adm. Code 720.111, to show that the used oil does not contain

significant concentrations of halogenated hazardous constituents

listed in Appendix H of 35 Ill. Adm. Code 721.Appendix H).

USEPA Publication SW-846, Third Edition, is available from the

Government Printing Office, Superintendent of Documents, P.O.

Box 371954, Pittsburgh, PA 15250-7954, (202) 783-3238

(document number 955-001-00000-1).

i) The

This rebuttable presumption does not apply to

metalworking oils or fluids containing chlorinated

paraffins, if they are processed, through a tolling

arrangement as described in Section 739.124(c), to reclaim

metalworking oils or fluids. The This presumption does

apply to metalworking oils or fluids if such oils or fluids

are recycled in any other manner, or disposed.

ii) The

This rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed

from refrigeration units where the CFCs are destined for

reclamation. The This rebuttable presumption does apply

to used oils contaminated with CFCs that have been mixed

with used oil from sources other than refrigeration units.

2) Characteristic hazardous waste. A mixture of used oil and hazardous

waste that exhibits a hazardous waste characteristic identified in Subpart C

of 35 Ill. Adm. Code 721.Subpart C and a mixture of used oil and

hazardous waste that is listed in Subpart D of this Part solely because it

exhibits one or more of the characteristics of hazardous waste identified in

Subpart C of 35 Ill. Adm. Code 721.Subpart C is subject to the following:

A) Except as provided in subsection (b)(2)(C) of this Section,

regulation as hazardous waste under 35 Ill. Adm. Code 703, 720

through 726, and 728 rather than as used oil under this Part, if the

resultant mixture exhibits any characteristics of hazardous waste

identified in Subpart C of 35 Ill. Adm. Code 721.Subpart C; or

B) Except as provided in subsection (b)(2)(C) of this Section,

regulation as used oil under this Part, if the resultant mixture does

not exhibit any characteristics of hazardous waste identified under

Subpart C of 35 Ill. Adm. Code 721.Subpart C.

C) Regulation as used oil under this Part, if the mixture is of used oil

and a waste which that is hazardous solely because it exhibits the

characteristic of ignitability (e.g., ignitable-only mineral spirits),

provided that the resultant mixture does not exhibit the

characteristic of ignitability under 35 Ill. Adm. Code 721.121.

3) Conditionally exempt small quantity generator hazardous waste. A

mixture of used oil and conditionally exempt small quantity generator

hazardous waste regulated under 35 Ill. Adm. Code 721.105 is subject to

regulation as used oil under this Part.

c) Materials containing or otherwise contaminated with used oil.

1) Except as provided in subsection (c)(2) of this Section, the following is

true of a material containing or otherwise contaminated with used oil from

which the used oil has been properly drained or removed to the extent

possible such so that no visible signs of free-flowing oil remain in or on

the material:

A) Is

The material is not used oil, and thus, it is not subject to this

Part, and

B) If applicable, the material is subject to the hazardous waste

regulations of 35 Ill. Adm. Code 703, 705, 720 through 726, and

728.

2) A material containing or otherwise contaminated with used oil that is

burned for energy recovery is subject to regulation as used oil under this

Part.

3) Used oil drained or removed from materials containing or otherwise

contaminated with used oil is subject to regulation as used oil under this

Part.

d) Mixtures of used oil with products.

1) Except as provided in subsection (d)(2) of this Section, mixtures of used

oil and fuels or other fuel products are subject to regulation as used oil

under this Part.

2) Mixtures of used oil and diesel fuel mixed on-site by the generator of the

used oil for use in the generator’s own vehicles are not subject to this Part

once the used oil and diesel fuel have been mixed. Prior to mixing, the

used oil is subject to the requirements of Subpart C of this Part.

e) Materials derived from used oil.

1) Materials

The following is true of materials that are reclaimed from used

oil, that which are used beneficially, and which are not burned for energy

recovery or used in a manner constituting disposal (e.g., re-refined

lubricants) are:

A) Not

The materials are not used oil and thus are not subject to this

Part, and

B) Not

The materials are not solid wastes and are thus not subject to

the hazardous waste regulations of 35 Ill. Adm. Code 703, 720

through 726, and 728, as provided in 35 Ill. Adm. Code

721.103(e)(1).

2) Materials produced from used oil that are burned for energy recovery

(e.g., used oil fuels) are subject to regulation as used oil under this Part.

3) Except as provided in subsection (e)(4) of this Section, the following is

true of materials derived from used oil that are disposed of or used in a

manner constituting disposal are:

A) Not

The materials are not used oil and thus are not subject to this

Part, and

B) Are

The materials are solid wastes and thus are subject to the

hazardous waste regulations of 35 Ill. Adm. Code 703, 720 through

726, and 728 if the materials are listed or identified as hazardous

waste.

4) Used oil re-refining distillation bottoms that are used as feedstock to

manufacture asphalt products are not subject to this Part.

f) Wastewater. Wastewater, the discharge of which is subject to regulation under

either Section 402 or Section 307(b) of the federal Clean Water Act (including

wastewaters at facilities which that have eliminated the discharge of wastewater),

contaminated with de minimis quantities of used oil are not subject to the

requirements of this Part. For purposes of this subsection, “de minimis”

quantities of used oils are defined as small spills, leaks, or drippings from pumps,

machinery, pipes, and other similar equipment during normal operations or small

amounts of oil lost to the wastewater treatment system during washing or draining

operations. This exception will not apply if the used oil is discarded as a result of

abnormal manufacturing operations resulting in substantial leaks, spills, or other

releases, or to used oil recovered from wastewaters.

g) Used oil introduced into crude oil pipelines or a petroleum refining facility.

1) Used oil mixed with crude oil or natural gas liquids (e.g., in a production

separator or crude oil stock tank) for insertion into a crude oil pipeline is

exempt from the requirements of this Part. The used oil is subject to the

requirements of this Part prior to the mixing of used oil with crude oil or

natural gas liquids.

2) Mixtures of used oil and crude oil or natural gas liquids containing less

than 1% one percent used oil that are being stored or transported to a

crude oil pipeline or petroleum refining facility for insertion into the

refining process at a point prior to crude distillation or catalytic cracking

are exempt from the requirements of this Part.

3) Used oil that is inserted into the petroleum refining process before crude

distillation or catalytic cracking without prior mixing with crude oil is

exempt from the requirements of this Part, provided that the used oil

contains less than 1% one percent of the crude oil feed to any petroleum

refining facility process unit at any given time. Prior to insertion into the

petroleum refining process, the used oil is subject to the requirements of

this Part.

4) Except as provided in subsection (g)(5) of this Section, used oil that is

introduced into a petroleum refining facility process after crude distillation

or catalytic cracking is exempt from the requirements of this Part only if

the used oil meets the specification of Section 739.111. Prior to insertion

into the petroleum refining facility process, the used oil is subject to the

requirements of this Part.

5) Used oil that is incidentally captured by a hydrocarbon recovery system or

wastewater treatment system as part of routine process operations at a

petroleum refining facility and inserted into the petroleum refining facility

process is exempt from the requirements of this Part. This exemption does

not extend to used oil that is intentionally introduced into a hydrocarbon

recovery system (e.g., by pouring collected used oil into the wastewater

treatment system).

6) Tank bottoms from stock tanks containing exempt mixtures of used oil

and crude oil or natural gas liquids are exempt from the requirements of

this Part.

h) Used oil on vessels. Used oil produced on vessels from normal shipboard

operations is not subject to this Part until it is transported ashore.

i) Used oil containing PCBs. Used oil containing PCBs, as defined at 40 CFR

761.3, incorporated by reference at 35 Ill. Adm. Code 720.111(b), at any

concentration less than 50 ppm is subject to the requirements of this Part unless,

because of dilution, it is regulated under federal 40 CFR 761 as a used oil

containing PCBs at 50 ppm or greater. Used PCB-containing used oil subject to

the requirements of this Part may also be subject to the prohibitions and

requirements of 40 CFR Part 761, including 40 CFR 761.20(d) and (e). Used oil

containing PCBs at concentrations of 50 ppm or greater is not subject to the

requirements of this Part, but is solely subject to regulation under federal 40 CFR

761. No person may avoid these provisions by diluting used oil containing PCBs,

unless otherwise specifically provided for in this Part or federal 40 CFR 761.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.111 Used oil specifications Oil Specifications

Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending,

or other treatment, is subject to regulation under this Part unless it is shown not to exceed any of the

allowable levels of the constituents and properties in the specification shown in Table 1 the

following table. Once used oil that is to be burned for energy recovery has been shown not to

exceed any specification and the person making that showing complies with Sections 739.172,

739.173, and 739.174(b), the used oil is no longer subject to this Part.

Table 1-Used Oil Not exceeding Any Specification Level Is Not Subject to this Part Levels When

Burned for Energy Recovery

Constituent/property Allowable level

Arsenic 5 ppm maximum.

Cadmium 2 ppm maximum.

Chromium 10 ppm maximum.

Lead 100 ppm maximum.

Flash point 100 °F minimum.

Total halogens 4,000 ppm maximum

FOOTNOTE:

The specification does not apply to mixtures of used oil and hazardous waste that

continue to be regulated as hazardous waste (see Section 739.110(b)).

FOOTNOTE:

Used oil containing more than 1,000 ppm total halogens is presumed to be a

hazardous waste under the rebuttable presumption provided under Section 739.110(b)(1). Such used

oil is subject to Subpart H of 35 Ill. Adm. Code 726.Subpart H, rather than this Part, when burned

for energy recovery unless the presumption of mixing can be successfully rebutted.

NOTE: Applicable standards for the burning of used oil containing PCBs are imposed by 40 CFR

761.20(e).

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.112 Prohibitions

a) Surface impoundment prohibition. Used oil shall must not be managed in surface

impoundments or waste piles, unless the units are subject to regulation under 35 Ill.

Adm. Code 724 or 725.

b) Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited,

except when such activity takes place in one of the states listed in Section

739.182(c).

c) Burning in particular units. Off-specification used oil fuel may be burned for energy

recovery in only the following devices:

1) Industrial furnaces identified in 35 Ill. Adm. Code 720.110;

2) Boilers, as defined in 35 Ill. Adm. Code 720.110, that are identified as

follows:

A) Industrial boilers located on the site of a facility engaged in a

manufacturing process where substances are transformed into new

products, including the component parts of products, by mechanical

or chemical processes;

B) Utility boilers used to produce electric power, steam, heated or

cooled air, or other gases or fluids for sale; or

C) Used oil-fired space heaters provided that the burner meets the

provisions of Section 739.123.

3) Hazardous waste incinerators subject to regulation under Subpart O of 35 Ill.

Adm. Code 724.Subpart O or 725.Subpart O.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

SUBPART C: STANDARDS FOR USED OIL GENERATORS

Section 739.120 Applicability

a) General. This subpart Subpart C applies to all generators of used oil, except the

following:

1) Household “do-it-yourselfer” used oil generators. Household “do-it-

yourselfer” used oil generators are not subject to regulation under this Part.

2) Vessels. Vessels at sea or at port are not subject to this Subpart C. For

purposes of this Subpart C, used oil produced on vessels from normal

shipboard operations is considered to be generated at the time it is

transported ashore. The owner or operator of the vessel and the person(s)

persons removing or accepting used oil from the vessel are co-generators of

the used oil and are both responsible for managing the waste in compliance

with this Subpart C once the used oil is transported ashore. The co-

generators may decide among them themselves which party will fulfill the

requirements of this Subpart C.

3) Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of

the used oil for use in the generator’s own vehicles are not subject to this Part

once the used oil and diesel fuel have been mixed. Prior to mixing, the used

oil fuel is subject to the requirements of this Subpart C.

4) Farmers. Farmers who generate an average of 25 gallons per month or less

of used oil from vehicles or machinery used on the farm in a calendar year

are not subject to the requirements of this Part.

b) Other applicable provisions. A used oil generator that conducts any of the following

activities is subject to the requirements of other applicable provisions of this Part, as

indicated in subsections (b)(1) through (b)(5) below:

1) A generator that transports used oil, except under the self-transport

provisions of Section 739.124 (a) and (b), shall must also comply with

739.Subpart E of this Part.

2) A generator that processes or re-refines used oil.

A) Except as provided in subsection (b)(2)(B) below of this Section, a

generator that processes or re-refines used oil shall must also comply

with 739.Subpart F of this Part.

B) A generator that performs the following activities is not a used oil

processor, provided that the used oil is generated on-site and is not

being sent off-site to a burner of on- or off-specification used oil fuel:

i) Filtering, cleaning, or otherwise reconditioning used oil

before returning it for reuse by the generator;

ii) Separating used oil from wastewater generated on-site to

make the wastewater acceptable for discharge or reuse

pursuant to Section 402 or 307(b) for the federal Clean Water

Act (33 U.S.C. 1317 or 1342), 40 CFR 403 through 499, or

35 Ill. Adm. Code 310 or 309, governing the discharge of

wastewaters;

iii) Using oil mist collectors to remove small droplets of used oil

from in-plant air to make plant air suitable for continued

recirculation;

iv) Draining or otherwise removing used oil from materials

containing or otherwise contaminated with used oil in order

to remove excessive oil to the extent possible pursuant to

Section 739.110(c); or

v) Filtering, separating, or otherwise reconditioning used oil

before burning it in a space heater pursuant to Section

739.123.

3) A generator that burns off-specification used oil for energy recovery, except

under the on-site space heater provisions of Section 739.123, shall must also

comply with 739.Subpart G of this Part.

4) A generator that directs shipments of off-specification used oil from their

facility to a used oil burner or first claims that used oil that is to be burned for

energy recovery meets the used oil fuel specifications set forth in Section

739.111 shall must also comply with 739.Subpart H of this Part.

5) A generator that disposes of used oil, including the use of used oil as a dust

suppressant, shall must also comply with 739.Subpart I of this Part.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.121 Hazardous waste mixing Waste Mixing

a) Mixtures of used oil and hazardous waste must be managed in accordance with

Section 739.110(b).

b) The rebuttable presumption for used oil of Section 739.110(b)(1)(B) applies to used

oil managed by generators. Under the rebuttable presumption for used oil of Section

739.110(b)(1)(B), used oil containing greater than 1,000 ppm total halogens is

presumed to be a hazardous waste and thus must be managed as hazardous waste and

not as used oil unless the presumption is rebutted. However, the rebuttable

presumption does not apply to certain metalworking oils and fluids and certain used

oils removed from refrigeration units.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.122 Used oil storage Oil Storage

Used oil generators are A used oil generators is subject to all applicable federal Spill Prevention,

Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart C. Used

oil generators are A used oil generators is also subject to the Underground Storage Tank (35 Ill.

Adm. Code 731) standards for used oil stored in underground tanks whether or not the used oil

exhibits any characteristics of hazardous waste, in addition to the requirements of this Subpart C.

a) Storage units. Used oil generators shall A used oil generator may not store used oil

in units other than tanks, containers, or units subject to regulation under 35 Ill. Adm.

Code 724 or 725.

b) Condition of units. Containers The following must be true of containers and

aboveground tanks used to store used oil at a generator facilities must be facility:

1) In

The containers must be in good condition (no severe rusting, apparent

structural defects or deterioration); and

2) Not

The containers may not be leaking (no visible leaks).

c) Labels.

1) Containers and aboveground tanks used to store used oil at generator

facilities must be labeled or marked clearly with the words “Used Oil.”

2) Fill pipes used to transfer used oil into underground storage tanks at

generator facilities must be labeled or marked clearly with the words “Used

Oil.”

d) Response to releases. Upon detection of a release of used oil to the environment that

is not subject to the federal requirements of 40 CFR 280, Subpart F and which has

occurred after October 4, 1996, a generator shall must perform the following cleanup

steps:

BOARD NOTE: Corresponding 40 CFR 279.22(d) applies to releases that

“occurred after the effective date of the authorized used oil program for the State in

which the release is located.” The Board adopted the used oil standards in docket

R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA approved the

Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4,

1996. The Board has interpreted “the effective date of the authorized used oil

program” to mean the October 4, 1996 date of federal authorization of the Illinois

program, and we substituted that date for the federal effective date language. Had

USEPA written something like “the effective date of the used oil program in the

authorized State in which the release is located,” the Board would have used the

November 22, 1993 effective date of the Illinois used oil standards.

1) Stop the release;

2) Contain the released used oil;

3) Properly clean up and manage the released used oil and other materials; and

4) If necessary, repair or replace any leaking used oil storage containers or tanks

prior to returning them to service.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.123 On-site burning On-Site Burning in space heaters Space Heaters

Generators A generator may burn used oil in used oil-fired space heaters provided that the following

conditions are fulfilled:

a) The heater burns only used oil that the owner or operator generates or used oil

received from household do-it-yourself used oil generators;

b) The heater is designed to have a maximum capacity of not more than 0.5 million Btu

per hour; and

c) The combustion gases from the heater are vented to the ambient air.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.124 Off-site shipmentsOff-Site Shipments

Except as provided in subsections (a) through (c) of this Section, generators shall a generator must

ensure that their used oil is transported only by transporters that have obtained a U.S. EPA USEPA

identification number and an Illinois special waste identification numbers number pursuant to 35 Ill.

Adm. Code 809.

BOARD NOTE: A generator that qualifies for an exemption under Section 739.124(a) through (c)

may still be subject to the State’s special waste hauling permit requirements under 35 Ill. Adm. Code

809.

a) Self-transportation of small amounts to registered collection centers. Generators A

generator may transport, without a U.S. EPA USEPA identification number and an

Illinois special waste identification number, used oil that is generated at the

generator’s site and used oil collected from household do-it-yourselfers to a used oil

collection center provided that the following conditions are fulfilled:

1) The generator transports the used oil in a vehicle owned by the generator or

owned by an employee of the generator;

2) The generator transports no more than 55 gallons of used oil at any time; and

3) The generator transports the used oil to a used oil collection center that has

registered by written notification with the Agency to manage used oil. This

notification shall must include information sufficient for the Agency to

identify, locate and communicate with the facility. The notification shall

must be submitted on forms provided by the Agency.

b) Self-transportation of small amounts to aggregation points owned by the generator.

Generators A generator may transport, without a U.S. EPA USEPA identification

number and an Illinois special waste identification number, used oil that is generated

at the generator’s site to an aggregation point provided that the following conditions

are fulfilled:

1) The generator transports the used oil in a vehicle owned by the generator or

owned by an employee of the generator;

2) The generator transports no more than 55 gallons of used oil at any time; and

3) The generator transports the used oil to an aggregation point that is owned or

operated by the same generator.

c) Tolling arrangements. Used oil generators A used oil generator may arrange for used

oil to be transported by a transporter without a U.S. EPA USEPA identification

number and an Illinois special waste identification number if the used oil is

reclaimed under a contractual agreement pursuant to which reclaimed oil is returned

by the processor to the generator for use as a lubricant, cutting oil, or coolant. The

contract (known as a “tolling arrangement”) must indicate the following

information:

1) The type of used oil and the frequency of shipments;

2) That the vehicle used to transport the used oil to the processing facility and to

deliver recycled used oil back to the generator is owned and operated by the

used oil processor; and

3) That reclaimed oil will be returned to the generator.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS AND

AGGREGATION POINTS

Section 739.130 Do-it-yourselfer used oil collection centersDo-It-Yourselfer Used Oil

Collection Centers

a) Applicability. This Section applies to owners or operators of all do-it-yourselfer

(DIY) used oil collection centers. A DIY used oil collection center is any site or

facility that accepts or aggregates and stores used oil collected only from household

do-it-yourselfers.

b) DIY used oil collection center requirements. Owners or operators of all DIY used oil

collection centers must comply with the generator standards in Subpart C of this Part.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.131 Used oil collection centers Oil Collection Centers

a) Applicability. This Section applies to owners or operators of used oil collection

centers. A used oil collection center is any site or facility that accepts, aggregates or

stores used oil collected from used oil generators regulated under Subpart C of this

Part who bring used oil to the collection center in shipments of no more than 55

gallons under the provisions of Section 739.124(a). Used oil collection centers may

also accept used oil from household do-it-yourselfers.

BOARD NOTE: A generator who qualifies for an exemption under Section 739.124

may still be subject to the State’s special waste hauling permit requirements under

Part 809.

b) Used oil collection center requirements. Owners or operators of all used oil

collection centers must do the following:

1) Comply with the generator standards in Subpart C of this Part; and

2) Be registered by the Agency to manage used oil. The used oil collection

center shall must register by written notification with the Agency to manage

used oil. This notification shall must include information sufficient for the

Agency to identify, locate and communicate with the facility. The

notification shall must be submitted on forms provided by the Agency.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.132 Used oil aggregate points owned Oil Aggregate Points Owned by the

generator Generator

a) Applicability. This Section applies to owners or operators of all used oil aggregation

points. A used oil aggregation point is any site or facility that accepts, aggregates, or

stores used oil collected only from other used oil generation sites owned or operated

by the owner or operator of the aggregation point, from which used oil is transported

to the aggregation point in shipments of no more than 55 gallons under the

provisions of Section 739.124(b). Used A used oil aggregation points point may also

accept used oil from household do-it-yourselfers.

BOARD NOTE: A generator who qualifies for an exemption under Section 739.124

may still be subject to the State’s special waste hauling permit requirements under

Part 809.

b) Used oil aggregation point requirements. Owners or operators of all used oil

aggregation points must comply with the generator standards in Subpart C of this

Part.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND

TRANSFER FACILITIES

Section 739.140 Applicability

a) General. Except as provided in subsections (a)(1) through (a)(4) of this Section, this

Subpart E applies to all used oil transporters. Used oil transporters are persons A

used oil transporter is a person that transport transports used oil, persons a person

that collect collects used oil from more than one generator and transport the collected

oil, and owners and operators an owner or operator of a used oil transfer facilities

facility.

1) This Subpart E does not apply to on-site transportation.

2) This Subpart E does not apply to generators a generator that transport

transports shipments of used oil totalling totaling 55 gallons or less from the

generator to a used oil collection center as specified in Section 739.124(a).

3) This Subpart E does not apply to generators a generator that transport

transports shipments of used oil totalling totaling 55 gallons or less from the

generator to a used oil aggregation point owned or operated by the same

generator as specified in Section 739.124(b).

4) This Subpart E does not apply to transportation of used oil from household

do-it-yourselfers to a regulated used oil generator, collection center,

aggregation point, processor, or burner subject to the requirements of this

Part. Except as provided in subsections (a)(1) through (a)(3) of this Section,

this Subpart E does, however, apply to transportation of collected household

do-it-yourselfer used oil from regulated used oil generators, collection

centers, aggregation points, or other facilities where household do-it-

yourselfer used oil is collected.

BOARD NOTE: A generator that qualifies for an exemption under Section

739.124 may still be subject to the State’s special waste hauling permit

requirements under Part 809.

b) Imports and exports. Transporters A transporter that import imports used oil from

abroad or export used oil outside of the United States are subject to the requirements

of this Subpart E from the time the used oil enters and until the time it exits the

United States.

c) Trucks used to transport hazardous waste. Unless trucks previously used to transport

hazardous waste are emptied as described in 35 Ill. Adm. Code 721.107 prior to

transporting used oil, the used oil is considered to have been mixed with the

hazardous waste and must be managed as hazardous waste unless, under the

provisions of Section 739.110(b), the hazardous waste and used oil mixture is

determined not to be hazardous waste.

d) Other applicable provisions. Used oil transporters A used oil transporter that

conduct conducts the following activities are also subject to other applicable

provisions of this Part as indicated in subsections (d)(1) through (d)(5) of this

Section:

1) Transporters

A transporter that generate generates used oil shall must also

comply with Subpart C of this Part;

2) Transporters

A transporter that process processes or re-refine used oil, except

as provided in Section 739.141, shall must also comply with Subpart F of

this Part;

3) Transporters

A transporter that burn burns off-specification used oil for

energy recovery shall must also comply with Subpart G of this Part;

4) Transporters

A transporter that direct directs shipments of off-specification

used oil from their facility to a used oil burner or first claim that used oil that

is to be burned for energy recovery meets the used oil fuel specifications set

forth in Section 739.111 shall must also comply with Subpart H of this Part;

and

5) Transporters

A transporter that dispose disposes of used oil, including the use

of used oil as a dust suppressant, shall must also comply with Subpart I of

this Part.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.141 Restrictions on transporters Transporters that are not also processors Are

Not Also Processors

a) Used oil transporters A used oil transporter may consolidate or aggregate loads of

used oil for purposes of transportation. However, except as provided in subsection

(b) of this Section, used oil transporters a used oil transporter may not process used

oil unless they also comply with the requirements for processors in Subpart F of this

Part.

b) Transporters

A transporter may conduct incidental processing operations that occur

in the normal course of used oil transportation (e.g., settling and water separation),

but that are not designed to produce (or make more amenable for production of) used

oil derived products unless they it also comply complies with the processor

requirements in Subpart F of this Part.

c) Transporters

A transporter of used oil that is removed from oil-bearing electrical

transformers and turbines and which is filtered by the transporter or at a transfer

facility prior to being returned to its original use are is not subject to the processor

and re-refiner requirements in 739.Subpart F of this Part.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.142 Notification

a) Identification numbers. A used oil transporter that has not previously complied with

the notification requirements of RCRA Section 3010 shall must comply with these

requirements and obtain a U.S. EPA USEPA identification number pursuant to

RCRA Section 3010 and an Illinois special waste identification number.

b) Mechanics of notification.

1) A used oil transporter that has not received a U.S. EPA USEPA identification

number may obtain one by notifying U.S. EPA USEPA Region V 5 of its

used oil activity by submitting either of the following:

A) A completed U.S. EPA USEPA Form 8700-12 (To obtain ordering

information for U.S. EPA USEPA Form 8700-12 call the

RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

B) A letter requesting a U.S. EPA USEPA identification number. (Call

the RCRA/Superfund Hotline to determine where to send a letter

requesting a U.S. EPA USEPA identification number.) The letter

should include the following information:

i) The transporter company name;

ii) The owner of the transporter company;

iii) The mailing address for the transporter;

iv) The name and telephone number for the transporter point of

contact;

v) The type of transport activity (i.e., transport only, transport

and transfer facility, or transfer facility only);

vi) The location of all transfer facilities at which used oil is

stored;

vii) The name and telephone number for a contact at each transfer

facility.

2) A used oil transporter that has not received an Illinois special waste

identification number may obtain one pursuant to 35 Ill. Adm. Code 809 by

contacting the Agency at the following address: Division of Land Pollution

Control, Illinois EPA, 2200 Churchill Road, 1021 North Grand Avenue,

Springfield, Illinois 62706 62794-9276 (telephone: 217-782-6761).

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.143 Used oil transportation Oil Transportation

a) Deliveries. A used oil transporter shall must deliver all used oil received to one of

the following:

1) Another used oil transporter, provided that the transporter has obtained a U.S.

EPA USEPA identification number and an Illinois special waste

identification number;

2) A used oil processing facility that has obtained a U.S. EPA USEPA

identification number and an Illinois special waste identification number;

3) An off-specification used oil burner facility that has obtained a U.S. EPA

USEPA identification number and an Illinois special waste identification

number; or

4) An on-specification used oil burner facility.

b) U.S. DOT requirements. A used oil transporter shall must comply with all

applicable requirements under the U.S. Department of Transportation in 49 CFR

parts 171 through 180. A person transporting used oil that meets the definition of a

hazardous material in 49 CFR 171.8 shall must comply with all applicable U.S.

Department of Transportation Hazardous Materials Regulations in 49 CFR Parts 171

through 180.

c) Used oil discharges.

1) In the event of a discharge of used oil during transportation, the transporter

shall must take appropriate immediate action to protect human health and the

environment (e.g., notify local authorities, dike the discharge area).

2) If a discharge of used oil occurs during transportation and an official (State or

local government or a Federal Agency) acting within the scope of official

responsibilities determines that immediate removal of the used oil is

necessary to protect human health or the environment, that official may

authorize the removal of the used oil by a transporter that does not have a

U.S. EPA USEPA identification number and an Illinois special waste

identification number.

3) An air, rail, highway, or water transporter that has discharged used oil shall

must do the following:

A) Give notice, if required by federal 49 CFR 171.15 to the National

Response Center (800-424-8802 or 202-426-2675); and

B) Report in writing as required by federal 49 CFR 171.16 to the

Director, Office of Hazardous Materials Regulations, Materials

Transportation Bureau, Department of Transportation, Washington,

DC 20590.

4) A water transporter that has discharged used oil shall must give notice as

required by federal 33 CFR 153.203.

5) A transporter shall must clean up any used oil discharged that occurs during

transportation or take such action as may be required or approved by federal,

state, or local officials so that the used oil discharge no longer presents a

hazard to human health or the environment.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.144 Rebuttable presumption Presumption for used oil Used Oil

a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of

Section 739.110(b)(1)(ii), the used oil transporter shall must determine whether the

total halogen content of used oil being transporter or stored at a transfer facility is

above or below 1,000 ppm.

b) The transporter shall must make this determination by the following means:

1) Testing the used oil; or

2) Applying knowledge of the halogen content of the used oil in light of the

materials or processes used.

c) If the used oil contains greater than or equal to 1,000 ppm total halogens, it is

presumed to be a hazardous waste because it has been mixed with halogenated

hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721.Subpart D. The

owner or operator may rebut the presumption by demonstrating that the used oil does

not contain hazardous waste (for example, by using an analytical method from SW-

846, Edition III incorporated by reference in 35 Ill. Adm. Code 720.111, to show

that the used oil does not contain significant concentrations of halogenated hazardous

constituents listed in Appendix H of 35 Ill. Adm. Code 721.Appendix H). U.S.

EPA Publication SW-846, Third Edition, is available from the Government

Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA

15250-7954. (202) 783-3238 (document number 955-001-00000-1).

1) The rebuttable presumption does not apply to metalworking oils and fluids

containing chlorinated paraffins, if they are processed, through a tolling

arrangement as described in Section 739.124(c), to reclaim metalworking oils

and fluids. The presumption does apply to metalworking oils and fluids if

such oils and fluids are recycled in any other manner, or disposed.

2) The rebuttable presumption does not apply to used oils contaminated with

chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC are

destined for reclamation. The rebuttable presumption does apply to used oils

contaminated with CFCs that have been mixed with used oil from sources

other than refrigeration units.

d) Record retention. Records of analyses conducted or information used to comply

with subsections (a), (b), and (c) of this Section must be maintained by the

transporter for at least 3 three years.

(Source: Amended at 28 Ill. Reg. ________, effective ______________________)

Section 739.145 Used oil storage Oil Storage at transfer facilities Transfer Facilities

A used oil transporter is subject to all applicable Spill Prevention, Control and Countermeasures (40

CFR 112) in addition to the requirements of this Subpart E. A used oil transporter is also subject to

the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in underground

tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the

requirements of this Subpart.

a) Applicability. This Section applies to used oil transfer facilities. Used oil transfer

facilities are transportation related transportation-related facilities including loading

docks, parking areas, storage areas, and other areas where shipments of used oil are

held for more than 24 hours during the normal course of transportation and not

longer than 35 days. Transfer facilities A transfer facility that store used oil for more

than 35 days are subject to regulation under Subpart F.

b) Storage units. Owners or operators An owner or operator of a used oil transfer

facilities facility may not store used oil in units other than tanks, containers, or units

subject to regulation under 35 Ill. Adm. Code 724 or 725.

c) Condition of units. Containers The following must be true of containers and

aboveground tanks used to store used oil at a transfer facilities must be facility:

1) In

The containers must be in good condition (no severe rusting, apparent

structural defects or deterioration); and

2) Not

The containers may not be leaking (no visible leaks).

d) Secondary containment for containers. Containers used to store used oil at a transfer

facilities facility must be equipped with a secondary containment system.

1) The secondary containment system must consist of the following, at a

minimum:

A) Both of the following:

i) Dikes, berms, or retaining walls; and

ii) A floor. The floor must cover the entire area within the dikes,

berms, or retaining walls; or

B) An equivalent secondary containment system.

2) The entire containment system, including walls and floors, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

e) Secondary containment for existing aboveground tanks. Existing aboveground tanks

used to store used oil at a transfer facilities facility must be equipped with a

secondary containment system.

1) The secondary containment system must consist of the following, at a

minimum:

A) Both of the following:

i) Dikes, berms, or retaining walls; and

ii) A floor. The floor must cover the entire area within the dike,

berm, or retaining wall except areas where existing portions

of the tank meet the ground; or

B) An equivalent secondary containment system.

2) The entire containment system, including walls and floors, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

f) Secondary containment for new aboveground tanks. New aboveground tanks used to

store used oil at a transfer facilities facility must be equipped with a secondary

containment system.

1) The secondary containment system must consist of the following, at a

minimum:

A) Both of the following:

i) Dikes, berms, or retaining walls; and

ii) A floor. The floor must cover the entire area within the dike,

berm, or retaining wall; or

B) An equivalent secondary containment system.

2) The entire containment system, including walls and floors, must be

sufficiently impervious to used oil to prevent any used oil released into the

containment system from migrating out of the system to the soil,

groundwater, or surface water.

g) Labels.

1) Containers and aboveground tanks used to store used oil at transfer facilities

must be labeled or marked clearly with the words “Used Oil.”

2) Fill pipes used to transfer used oil into underground storage tanks at transfer

facilities must be labeled or marked clearly with the words “Used Oil.”

h) Response to releases. Upon detection of a release of used oil to the environment that

is not subject to the federal requirements of 40 CFR 280, Subpart F and which has

occurred after October 4, 1996, an owner or operator of a transfer facility shall must

perform the following cleanup steps:

BOARD NOTE: Corresponding 40 CFR 279.45(h) applies to releases that