ILLINOIS POLLUTION CONTROL BOARD

May 20,

1993

IN

THE MATTER OF:

)

POTENTIALLY INFECTIOUS MEDICAL

)

WASTE (P1MW):

TREATMENT,

STORAGE,

)

R91-20

AND

TRANSFER FACILITIES and

)

(Rulemaking)

TRANSPORTATION, PACKAGING,

AND

LABELING

(35 Iii.

Adin. Code

)

1420,

1421,

and 1422)

)

INTERIM ORDER OF THE BOARD

(by R.C. Flemal):

On May 11,

1993 the Joint Committee on Administrative Rules

(JCAR) reviewed the Second Notice proposal of the Board in this

rulemaking.

At its meeting, JCAR voted to object to Section

1422.122,

stating that:

JCAR

objects to the rulemaking by the

Board

entitled Design and Operation of Facilities

(35 Iii.

Adm.

Code 1422)

concerning potentially infectious

medical waste because Section 1422.122(a) (1)

is

inconsistent with language in the rulemaking

in

Sections 1422.124 and 1422.125,

resulting in a conflict

for facilities attempting to legally eliminate the

infectious potential in medical waste.

The Board agrees that there may indeed be a conflict between

the language of Section 1422.122 that defines the terms

“eliminates the infectious potential of the waste”, and Sections

1422.124 and 1422.125 which contain the processes by which the

infectious potential will be eliminated.

The Board was not made

aware of this conflict until a time approximately two weeks prior

to the JCAR meeting and well after the Board had adopted its

Second Notice opinion and order.

Under Section 5-120(c)

of the Administrative Procedures Act

(1991)

5 ILCS 100/1-1 et seq.,

the Board has 90 days after

receipt of JCAR’s objection in which to address the objection.

The Board desires to have this rule in place as soon as possible

due to its necessity and due to the statutory deadline for

adoption of July

1,

1993.

Therefore, the Board will act as

expeditiously as possible to work toward addressing the

objection.

In order to facilitate the elimination of this

conflict, the Board proposes the following language for comment:

Section 1422.122

Design and Operating Standards

a)

Treatment of P1MW must be conducted in

a manner

that:

01

L~.2-0G77

---

—2—

1)

ELIMINATES THE INFECTIOUS POTENTIAL OF THE

WASTE.

A treatment process eliminates the

infectious potential of

P1MW

if the owner or

operator of

a treatment unit demonstrates

that an Initial Efficacy Test and periodic

Verification Test have been completed suc-

cessfully.

A)

Successful completion of an Initial

Efficacy Test must be demonstrated by

either a 6—log kill of test microorgan-

isms or,

for a thermal unit that

maintains the integrity of the

container,

a 6-log kill of indicator

microorganism spores.

These demonstra-

tions must be conducted in accordance

with Section 1422.124.

5)

Successful completion of a Periodic

Verification Test must be demonstrated

by either a 6-log kill of test micro-

organisms or indicator microorganism

spores, a minimum 3-log kill of indica-

tor microorganism spores that has been

correlated with a 6—log kill of test

microorganisms,

or by an alternate

method submitted to and approved by the

Agency in writing.

These demonstrations

must be conducted in accordance with

Section 1422.125.

Interested persons are asked to comment on this language or

provide an acceptable alternative.

The language (with changes,

if any,

in response to comments) will then be submitted to JCAR

for consideration at its June 15,

1993 meeting.

The Board will

then proceed to finally adopt the P1MW rules.

Although the JCAR

objection only pertains to one Part of the rules, the Board will

not proceed on the remaining two Parts 1420 and 1421 due to

thell

close connection with Part 1422,

until the objection is

addressed.

Comments shall be received by the Board no later than June

1,

1993.

Only comments which address the JCAR oblection will b

considered.

Comments shall be submitted to the Clerk of the

Board and others as designated in the Board’s procedural rules

at

35 Iii.

Adm. Code 102.320.

Form of document requirements are

found at 35

Ill.

Adm. Code 101.103.

The hearing officer has not

established a service list for this proceeding.

Therefore,

any

interested’ person who wishes to obtain copies of comments

received by the Board should contact the Clerk of the Board

after

June

1,

1993.

0

1~2-O678

---

—3—

IT IS SO ORDERED.

I,

Dorothy N. Gunn,

Clerk of the Illinois Pollution

Control Board, here~ycertify that the above interim order was

adopted on the

~

day of

_______________________,

1993,

by a vote of

__________

/~

~~i1-7

)~.

/~41L~’7~’

Dorothy M.,,~/1nn, Cle~k

Illinois ~‘o4/lutionControl Board

3k2-0379