ILLINOIS POLLUTION CONTROL BOARD

August 22,

1991

IN THE MATTER OF:

)

R91—18

REPEAL OF 35 ILL. ADN. CODE

)

 (Rulemaking)

809.SUBPART

I:

 HAZARDOUS

)

(INFECTIOUS)

 HOSPITAL WASTE

)

PROPOSED RULE.

 FIRST NOTICE.

OPINION

AND

ORDER OF THE BOARD

 (by R.C. Flemal):

This matter is before the Board on our own Motion.

 House

Bill 2491, presently awaiting the Governor’s signature,

 amends

various provisions of the Environmental Protection Act as they

relate to potentially infectious medical wastes.

 New Title XV:

Potentially Infectious Medical Waste includes several new

legislative mandates for Board rulemaking.

 One such mandate is

new Section 56.2(d), which requires that the Board repeal

 35 Ill.

Adm. Code 809.Subpart

I:

 Hazardous

 (Infectious) Hospital Waste

by January

1,

 1992.

New Section 56.2(d) requires the Board to use the rulemaking

proceedures of Title VII of the Act--i.e., the Board must use the

First Notice-Second Notice-Adopted Rule sequence, including

public hearings.

 Because this mode of rulemaking requires over

three months to complete,1 the Board has decided to initiate the

initial stages of this repeal process.

The Board hereby directs the hearing officer to schedule and

 conduct hearings on this

 matter in two areas of the state

pursuant to Ill. Rev. Stat.

 1989 ch.

 111½,

 par.

 1028.

 The date

of this Opinion and Order shall be used in the calculation of

time for determination of whether an economic impact study is

necessary, pursuant to Ill. Rev.

 Stat.

 1989 ch.

 111½, par.

 1027.

The Board hereby directs that the Clerk of the Board cause a

Notice of Proposed Amendments reflecting this repeal be published

in the Illinois Register.

1.

For

 example,

 in adopting this proposed First Notice

 repeal

today, the soonest a Notice of Proposed Amendments could appear in

the Illinois Register

 is the September

4,

 1991 issue.

 Ill.

 Rev.

Stat. 1989 ch.

 127, par. 1005.01(a) requires a 45-day First Notice

period, so the first regularly-scheduled Board meeting at which the

Board could propose this repeal for the 45—day Ill. Rev. Stat. 1989

ch.

 127, par.

 1005.01(b)

 Second Notice period is October 26,

 1991.

Therefore,

 if the process works ideally and the Board encounters

absolutely

no

 delays

in

 the process,

 the absolute

 earliest the

Board

 could

 adopt

a

 final

 repeal

is

 at the December

19,

1991

meeting.

125—45 1

2

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 809

SPECIAL WASTE HAULING

SUBPART A:

 GENERAL PROVISIONS

Section

809.101

 Authority,

 Policy and Purposes

809.102

 Severability

809.103

 Definitions

SUBPART B:

 SPECIAL WASTE HAULING PERMITS

Section

809.201

 Special Waste Hauling Permits

 General

809.202

 Applications for Special Waste Hauling Permit—-Contents

809.203

 Applications for Special Waste Hauling Permit—-

Signatures and Authorization

809.204

 Applications for Special Waste Hauling Permit—-Filing

and Final Action by the Agency

809.205

 Special Waste Hauling Permit Conditions

809.206

 Special Waste Hauling Permit Revision

809.207

 Transfer of Special Waste Hauling Permits

809.208

 Special Waste Hauling Permit Revocation

809.209

 Permit No Defense

809.210

 General Exemption from Special Waste Hauling Permit

Requirements

809.211

 Exemptions for Special Waste Haulers

SUBPART C:

 DELIVERY AND ACCEPTANCE

Section

809.301

 Requirements for Delivery of Special Waste to Haulers

809.302

 Requirements for Acceptance of Special Waste from

Haulers

SUBPART D:

 VEHICLE NUMBERS

AND

SYMBOLS

Section

809.401

 Vehicle Numbers

809.402

 Special Waste Symbols

SUBPART E:

 MANIFESTS,

 RECORDS

AND

REPORTING

Section

809.501

 Manifests, Records, Access to Records, Reporting

Requirements and Forms

SUBPART F:

 DURATION OF PERMITS AND TANK NUMBERS

Section

809.601

 Duration of Special Waste Hauler Permits and Tank

Numbers

125—452

3

SUBPART G:

 EMERGENCY CONTINGENCIES FOR SPILLS

Section

809.701

Secti.on

809.801

809.802

Section

809.901

809.902

809.903

809.904

809.905

809.906

General Provision

SUBPART H:

 EFFECTIVE DATES

Compliance Date

Exceptions

SUBPART

 I: HAZARDOUS

 (INFECTIOUS) HOSPITAL WASTE

Definitions

 (Repealed)

Disposal Methods

 (Repealed)

Rendering Innocuous by Sterilization

 (Repealed)

Rendering Innocuous by Incineration

 (Repealed)

Recordkeeping Requirements for Generators (Re~ealed~

 Defense to Enforcement Action (Repealed)

Appendix A

 Old Rule Numbers Referenced

AUTHORITY:

 Implementing Sections

5,

10,

 13 and 22 and authorized

by Section 27 of the Environmental Protection Act

 (Ill.

 Rev.

Stat.

 1989,

ch.

 111½,

 pars.

 1005,

 1010,

 1013,

 1022, and 1027).

SOURCE:

 Adopted in R76-l0,

 33 PCB 131,

at

3

 Ill. Reg.

13,

p.

155,

 effective March 31,

 1979; emergency amendment in R76-lO,

39

PCB 175, at 4

 Ill.

 Reg.

34,

p.

 214, effective August

7,

 1980,

for

a maximum of 150 days; emergency amendment

 in R80-19,

 40 PCB 159,

at

 5 Ill.

 Reg.

 270,

 effective January

1,

 1981,

 for a maximum of

150 days;

 amended in R77—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; recodified in R84—5,

 58 PCB 267, from

Subchapter h to Subchapter

i

at

8

 Ill. Reg.

 13198; amended in

R89—13A at 14

 Ill.

 Reg.

 14076, effective August 15,

 1990; amended

in R91—18 at

 Ill.

 Reg.

 effective

Capitalization denotes statutory language.

SUBPART I:

 HAZARDOUS

 (INFECTIOUS) HOSPITAL WASTE

Section 809.901

 Definitions

 (Repealed)

For the purpoae~ of this Subpart only:

“Ti.,

~....~tiou3)

 Ho3pital

which has be

with patient

en generated by a no3pltal

care that

 is contaminated

in connection

with

or

may be

contaminated with an infectious agent that has the

potential of inducing an infection and which ha3 not

125—453

i

r~r~1

n~~int

r-yr~

.~~rica112,

(infectious) Hospital Waste” means:

medical and patient care items contaminated by,

nriri

 hnmnn øvr~r,~t~~

hi..r

 ~eraons

 ‘r_ihri hr~i.r~

oecn plpced in strict or enteric isolation for the

control and treatment of an infectious disease by

the hospital’s Infection Control Committee

pursuant to the infection control policies and

procedures required of it by Section D of

Part

IX

of the Rules of the Illinois Department of Public

Health,

5

 Ill.

 fleg. 553 et seq.

 (1081),

 as from

time to time amended, and

medical and patient care items that are

contaminated by or have been in contact with,

either the wound

 or skin of patients who have been

placed

 in wound or skin isolation or strict

isolation,

 or the mucous or other respiratory

fluids of patients who have been placed in

respiratory isolation or strict isolation by the

hospital’s Infection Control Committee pursuant to

the infection control policies and procedures

required of

 it by Section D of Part IX of the

Rules of the Illinois Department of Public Health,

5

 Ill. Reg. 553 et seq.

 (1931),

 as from time to

time amended,

and

medical and patient care items contaminated during

surgery when the case is

 infectious,

and

tissues

 (human or animal),

 patthological waste,

and

items that are contaminated by an infectious

agent,

and

bacteriological cultures and blood or other

excreta that are products from bacteriological

testina,

and

any other waste which,

 because of its infectious

nature,

 is ordered to receive special handling and

disposal by the hospital’s Infection Control

Committee pursuant to the infection control

 policies and procedures required of it by Section

D “Infectious Control”

 of Part IX of the Rules of

the Illinois Department of Public Health,

5

 Ill.

Reg.

 553 et seq.

 (1081),

 as from time to time

amended.

“Hospital” means any institution,

 place, building,

or

agency, public or private, whether organized for profit

125—454

4

h~-n

 i-endcred innocuous b”

r1ic~ntir~n

rn-

“1-In

~nrdou3

5

or not, devoted primarily to the maintenance and

operation of facilities for the diagnosis and treatment

or care of two or more unrelated persons admitted for

overnight stay or longer in order to obtain medical,

including obstetric, psychiatric and nursing, care of

illness, disease,

 injury,

 infirmity,

 or deformity.

“Hospital” includes general and specialized hospitals,

tuberculosis sanitaria,

 mental or psychiatric hospitals

and sanitaria,

 maternity homes,

 lying in homes, and

homes for unwed mothers in which care is given during

delivery.

 “Hospital” does not include,

 ror example,

nursing

 offic~-eq-

 or animal health

provider~, out patient c1ini.~., or veterina...~

hospitals.

~..

nome~

 numan

“Incineration” means

substance to ashes by

the complete reduction of a

means of combustion.

“Trnr~r~nrtn~a

T1r~,r~-,1—n

LMn

~1r,

nnt

-~tr~r~i

 tzn~,t—~— hut-

for the purpo3es of this Suopart mean2 any hazardous

hospital waste which has been properly sterilized or

incinerated so as to render

 it incapable of causing

infection.

“Normal hospital Waste”

 is not

 a special waste, but for

the purposes of this Subpart includes,

but

 is not

limited to,

 garbage, refuse,

 such as packaging

r~~mr~’u’s~ri

 h~~frvr~

n

i—t’r-nr1iir~t

r~nr~h~~r,r,t-ipnt

r~nr~

areas; disposable medical and patient care items such

as basins and water pitchers which have not come in

contact with a patient in isolation; and facial tissue

and other patient contact items which have not been

generated by a patient in isolation.

j?nfir~r,”

m~inr~

 thr~

 mr~1g-1-,~rlr

~it’riir~t~ir,r,

r~f

r~

ra1-r

~—1-

(Source:

 Repealed at

 Ill. Reg.

,

effective

Ill.

 Rev. Stat.

 1989,

ch.

 111½, par.

10

Section 809.902

 Disposal Methods

 (Repealed)

a)

 No person

shall

ca~

 or allow hazardous (infectious)

~aposited in any landfill.

b)

 Hazardous

 (infectious) hospital waste shall be rendered

innocuous pursuant to Sections 809.003 and 809.904, or

may be disposed of, where lawful, by deposit into a

municipal or private sewerage system.

125—45 5

~dryL

 by bactericidal

chemical compounds.

6

c)

 Innocuou3ho2pital wast

incineration in my incinerator appropriate ror such

waste and for which the Agency has issued a p~rmit,by

deposit in any sanitary landfill or by deposit

municpal or private sewerage system.

into a

(Source:

 Repealed at

 Ill.

 Reg.

,

effective

)

Section ~809.903

 Rendering Innocuous by Sterilization

(Repealed)

Any hazardous (infectious) hospital waste may be rendered an

innocuous hospital waste by:

a)

 Sterilization of the waste

 in an autoclave, provided

that the unit is operated in accordance with the

manufacturer’s recommendations and the autoclave’s

 effectiveness

 is verified at least weekly with a

biological spore assay containing

B.

stcarothermophilus,

or

b)

 Sterilization of the waste

 in a commercial ethylene

nvi

tir

nr~it

t-hnl—

,~rv~i

s-~r~n1—i—r~1

1 r~d

1—~m,~i~tiir~

nr~r1

humidity conditions, provided that the unit is operated

in accordance with the manufacturer’s recommendations

and the unit’s effectiveness is verified during each

use with

 a biological spore assay containing

B.

subtilis.

(Source:

 Repealed at

 Ill. Reg.

,

effective

)

Section 809.904

 Rendering Innocuous by Incineration

(Repealed)

a)

 Any hazardous

 (infectious) hospital waste may be

rendered an innocuous hospital waste by incineration

orovided that:

1)

 The combustion apparatus is an incinerator

designed to destroy the type or class of waste

introduced into it, and is operated according to

mc manufacturer’s instr~

~

and

2)

 All permits required by 35

 Ill. Adm.

 Code,

Subtitle B, Chapter

1

 (prior to codification,

Chapter

2:

 Air Pollution)

 have been obtained from

the Agency,

 and the conditions of those permits

 have been met.

125—456

7

(infcotious)

 hospital waste

shall

be disposed of as

required by this Part and 35 Ill.

 Adm.

 Code 807 for

disposal of any other incinerator ash.

(Source:

 Repealed at

 Ill. Reg

 eftective

Section 809.905

 Recordkeeping Requirements for Generators

(Repealed)

a)

 Generators of hazardous

 (infectious) hospital waste who

render such waste into innocuous hospital waste shall

keep and make reasonably available for Agency

inspection:

1)

 Records of any required biological spore assay

tests.

2)

 Records describing the approximate amount of waste

sterilized or incinerated.

flr~-r~-i

t.rhir-h

 demonstrate proper operation ~

sterilization or incinerati~.~...pment ~sucn as

time and temperature maintenance for each load).

~Irr~r~+ h~?

i— ~i

..~..

..,

 ..ospita’

provided that such

 ~nclude

sufficient to comply with Subsection

 (a).

(Source:

 Repealed at

 Ill. Reg.

 effective

Section 809.906

 Defense to Enforcement Action

 (Repealed)

‘~

~s

 identifi~~

....ction ay~inst

~

 ~j~.crator~or violation of Section 809.202(a).

defense to an enforcemen+

—

(Source:

 Repealed at

 Ill.

 Reg.

 effective

IT IS SO ORDERED.

125—457

b)

 The requiremenms or

maintenance of the

~u~~ccmion

records in

licensing

(a)

the

or

m~iyDe

~1Li~Li~u

Dy

form required to be

accreditation body,

.1..

£‘...~

~ 1

I~~A~W(.l.

..~

wa3tC as innocuous or normal hospital

WQSLC

SnUli

 complete

~--~t-~-

 other than the

8

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, do hereby certify that the abo~eOpinion and Order was

adopted on the

~

 day of

,~-

 c.,s,

,

 1991,

 by a

voteof

7C

Dorothy M. ~ann, Clerk

Illinois Pollution Control Board

125—458