ILLINOIS POLLUTION CONTROL BOARD

August

10, 1989

IN THE MATTER OF:

IDENR SPECIAL WASTE

)

R89-13

(A)

CATEGORIZATION STUDY

PROPOSED RULE.

FIRST NOTICE.

OPINION AND ORDER OF THE BOARD

(by

J.

Anderson):

INTRODUCTION

This proposal creates

35

Ill. Adm. Code 808 and modifies

mainly

35

Iii. Adm. Code 809,

and indirectly

35

Iii. Adm. Code

807.

Part

807 was adopted as

“Chapter VII”

in P32—5,

July 19 and

31,

1973,

8 PCB

575 and 695.

Part 809 was adopted as

“Chapter

IX”

in R76—l0,

33 PCB 131, March

15,

1979.

Part 807

is

the

subject of

a proposal

in R88—7, which

is pending.

The proposal

in this Docket does not assume that certain features of

the

proposal

in R88-7 will be adopted but attempts

to be flexible

enough to accommodate such features should they be adopted.

CLOSE OF DOCKET R85—27

n

By separate Order, the Board has today closed Docket R85—

27.

After approximately four years of exhibits, hearings and

finally the draft regulatory proposal by STS (and including the

record from Docket R84—43), R85—27

is no longer

the appropriate

vehicle for consideration of the Board’s proposal.

However,

the

consolidated record of R85—27

is expressly

included in this

docket.

STATUTORY FRAMEWORK

This rulemaking implements Sections 22.01 and

22.9

of

the

Act, which were adopted at different times.

Section 22.01 of the Act

requires the Board to review and

consider the repeal of the manifesting requirement

for non—

hazardous special waste by December

1,

1989,

(35

111.

Adm.

Code

809).

However,

the Board

is

to adopt an annual

report

requirement

for non—hazardous special waste.

Section 22.9(a)

of the Act requires the Department

of Energy

and Natural Resources (DENR)

to complete a study of

the benefits

and feasibility of establishing

a system of classifying and

regulating special wastes according to their degree of hazard by

July

1,

1985.

Section 22.9(b)

requires the Board to adopt

regulations that establish standards and criteria

for classifying

102

10~

---

—2—

special wastes according to degree of hazard or an alternative

method following completion of the DENR study,

but no later than

December

1,

1989.

Section 22.9(c) requires the Board to adopt regulations

establishing standards and criteria by which the Agency may

determine that a waste or class of waste

is not a special

waste.

Section 22.9(d) contains a temporary statutory standard

by which the Agency makes

this decision pending adoption of Board

regulations.

Section 22.9(e) provides that,

if the Agency fails

to act on a determination within 60 d.~ys, the requestor may seek

review before the Board as if the Agency had denied a permit.

Section 22.9(f) provides that the determination that a waste

is not a special waste does not apply to hazardous waste.

This

precludes the declassification of special wastes which are

hazardous wastes

(i.e., wastes which are hazardous under RCRA

(per Section 22.4(a)) or under independent State

law and

regulations which are at least as stringent as,

and not

inconsistent with, RCRA

(per Section 22.4(b) and

(c)).

HISTORY

The protracted history of developments regarding special

wastes reflects the interconnection between the perceived need

for relief from regulatory requirements

(e.g., manifesting) for a

potentially significant proportion of the universe of “special

waste” as defined by Section 3.45 of the Act,

the desire to

classify special wastes

to assure that their handling

is

appropriate

to their characteristics, the obligation to maintain

a State system which is consistent with federal

law, including

RCRA (see Section 20(a)(7)—(9)), and efforts to update all solid

waste rules

in R84—17/R88—7.

Sections 22.01 and 22.9

of

the Act reflect these diverse

concerns.

Section 22.01 was added by Public Act 83—1461,

effective September

17,

1984.

That law was the culmination of

compromises which altered the original proposal (HB 3042),

which

would have immediately required the Board

to drop all manifest

requirements for non—hazardous special wastes.

As enacted,

the

Board was only required

to “review and consider” such action by

January

1,

1986.

Section 22.9

traces

its roots

to a different enactment,

Public Act 83—1268, effective January

1,

1985 which required DENR

to complete a study of the “benefits and feasibility” of

establishing a degree of hazard classification system for special

wastes regulation by ~u1y

1,

1985 (subsection

(a)) and required

the Board

to promulgate regulations

for classifying (subsection

(b)) and declassifying

(subsection

(c)) waste by September

1,

1988.

This deadline was subsequently moved back

to December

1,

1989 (Public Act 85—1327,

eff. August

31,

1988).

102~-110

---

—3—

In response

to the mandate of Section 22.01, the Board

opened Docket R84—43

(December

20, 1984),

for review and

consideration of the manifest requirement.

The Board held two

inquiry hearings

in March of

1985.

From the beginning,

the Board

noted the DENR mandate imposed by 22.9, observing that the DENR

study due July 1, 1985 would be the subject of other Board

hearings and that this study “will undoubtedly provide a useful

data base for consideration

in this docket and will be made a

part

of the record

in this proceeding”

(Bd. Order, R84-43,

December

20,

1984,

page 2).

The DENR report was received by the Board on November

21,

1985.*

By Order

of the same date,

the Board established Docket

R85—27.

One month later

(December

20,

1985),

the Board, having

considered the testimony and exhibits submitted

in R84—43,

entered an order

in which

it found that “it would be imprudent to

repeal the manifest requirement at

this time and that further

deliberation should proceed under

a consolidated R84—43/R85—27

Docket”

(p.

1).

It also proposed for First Notice a rule to

require, effective July

1,

1987,

annual reports from all

facilities accepting non—hazardous special wastes, without

attempting to define the affected universe of facilities.

Ironically, on the same day, Public Act

84—1108 became

effective.

This law directed DENR

to prepare another

report

for

the completion of

a study on the degree of hazard of industrial

wastes.

This second DENR report was received by the Board on

January 22, l987.**

Upon receipt

of this report,

the Board

scheduled and held two hearings

in May,

1987.

After considering

the testimony and comments produced

in the consolidated R84—

43/R85—27 docket,

the Board dismissed its proposal on December

17,

1987, and further formally dismissed and closed Docket R84—

43.

On April

7,

1988,

the Board entered an Interim Order

directing the Board’s Scientific and Technical Section

(STS)

to

prepare a regulatory proposal.

It was contemplated

in the Order

that the STS efforts would be aided by the final

installment of

the DENR “degree of hazard”

studies undertaken pursuant

to Public

Acts 83—1268 and 84—1108, which the Order noted was expected

to

be delivered to the Board

‘shortly”.

To serve as an

independent

proponent,

the Order established

an “exterior

to the Board”

arrangement consistent with RES 86—1, whereby the STS was

for

this purpose created a separate entity and subjected to customary

*

“Special Waste Categorization Study”,

HWRIC RROO5

(Reddy,

October 1985).

**

“Assigning

a Degree of Hazard Ranking to Illinois Waste

Streams”,

(Plewa et al,

1986).

102—ill

---

—4—

ex parte restrictions as such a proponent.

This arrangement

has

prevailed to this day.

The

DENR’s third installment was received by the Board on

October 27,

1988.*

By its cover letter, the DENR’s Hazardous

Waste Research and Information Center

(HWRIC)

indicated that one

additional

report,

“The Characterization of Non—RCRA Special

Waste” by William W. Frerichs, would likely be submitted within

two weeks.

The Frerichs report was published in January of 1989, but

has not been submitted to the Board for filing in Docket R85—27.

The Board’s staff obtained a copy of that report on April

28,

1989.

The cover letter accompanying the report and responding to

the Board staff inquiry indicated that the Frerichs report was a

product of DENR’s continuing

research mission and was not

intended to be filed with the Board as an exhibit

in the R85—27

proceeding.

Working on the basis of selected preliminary drafts,

STS

staff member Morton Dorothy prepared

a rough draft regulatory

proposal and “supporting document”.

A second draft

of the STS

rule proposal was prepared on June 28,

1989, and a third draft

submittal was filed with the Board on July

24,

1989.

An

accompanying

“Supporting Document” was filed on July 26, 1989.

Noting the press of the statutory deadline and that an effort was

already underway to develop this Board proposal,

Dr. Harish Rao,

Chief of the STS,

on July 31,

1989, filed a Statement Of The

Scientific and Technical Section Regarding Submission of

Documents.

Dr.

Rao indicated that additional efforts to develop

a formal STS proposal appear

to be unnecessary in R85—27,

since

that Docket will be closed.

In submitting this proposal,

the Board anticipates that DENR

will provide technical testimony and support for the proposed

categorization/ranking methodology, including the extent to which

this proposal reflects its intent.

CREATION OF DOCKETS A AND

B

The proposal today adopted for first notice does not address

all the potential ramifications of a waste classification system,

particularly those thorny issues related to creation of a “high

hazard” nOn-RCRA special waste category

(i.e.,

those special

wastes assigned a score of

3 pursuant

to Section 808.245).

As

the foregoing history discloses,

the legislature originally

anticipated that this Board would have the benefit of

38 months’

opportunity

to deliberate and refine

a proposal following receipt

*

“Refining the Degree of Hazard Ranking Methodology for Illinois

Industrial Waste Streanfs”.

(Plewa et al, 1988).

102—112

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—5—

of the DENR study

(July

1,

1985 to September

1, 1988);

the Board

has had far less time than that to develop this proposal.

It

is

therefore appropriate that we set aside a docket to consider

possible further refinements of the degree of hazard ranking

system as well as possible utilization of that system to impose

heightened controls on waste treatment,

storage and disposal

of

“high hazard” non-RCRA special wastes.

The instant proposal,

then, has as its limited primary purpose the utilization of the

DENR’s hazard ranking system for determining which wastes may be

declassified entirely and which of the remainder may have reduced

manifest requirements.

It may well

be that with further

refinements the hazard ranking system and related requirements

may be altered to increase the potential universe of declassified

wastes as well as to specify waste treatment,

storage and

disposal modalities tailored to specific classes of wastes.

To accommodate these purposes,

the Board hereby establishes

two separate dockets

in this proceeding.

The present proposal

with its limited focus and timetable, will be the subject of

Docket A.

Consideration of refinements

to the hazard ranking

system and the possible use of

that system to prescribe

requirements specific to special waste classes,

including those

non—RCRA wastes assigned the highest hazard ranking, will be the

subject of Docket

B.

STATEMENT OF REASONS

As the foregoing history indicates,

this proposal follows

almost

5 years of efforts by the DENR,

the Board and the STS.

Unfortunately, those efforts have only very recently begun

to

coalesce, and the Board now finds itself confronting an extremely

short time frame

in which

to attempt to meet the statutory

deadline for rulemaking.

The instant proposal

is based on the

first three DENR studies as well as the STS staff proposal

(bearing

in mind that there

is insufficient time available to

allow the STS to submit and prepare

a formal

final proposal as

contemplated by the Board

in its Interim Order

of April

7,

1989).

The principal differences between

the STS draft and this

Board proposal

is that certain features of

the STS draft were

dropped;

very little of the STS proposal has been rewritten,

per

Se, except as necessarily attendant

to the elimination of those

features.

For those sections which have not been retained the

following rationale

is offered.

A conversion table has been

appended to enable

the reader

to convert

a section number

of the

STS draft

to the correct

section number

in the Board draft

(Attach.

A).

RATIONALE FOR DEPARTURES FROM STS DRAFT

1.

Deletion of Computer Program Certification “Loop”

(Subpart

I,

Sections 808.500

—

808.511 of STS draft)

l~2—ll3

---

—6—

The Board draft does not retain this feature, although

it specifically authorizes the use of computers in making “degree

of hazard” determinations (Section 808.301), applications

(Section 808.430(a),

Board Note), and requests for additional

data (Section 808.430(b), Board Note).

The Board draft also

retains the essential elements of the “data base” provisions

(from the STS draft’s Section 808.511) at Section 808.302, but

drops the references to computer on—line data bases and computer

operators.

The STS proposal provisions

for Agency certification of

computer programs were deleted as unnecessary and potentially

beyond the authority of the Board and the Agency.

It

is believed

that, as an application for reclassification of a speóial waste

need not employ a computer to achieve correct results,

it

is

unnecessary to the purposes of the Act to require use of a

computer or otherwise to specifically purport to regulate such

use.

Second,

it

is felt

that Agency certification of computer

programs arguably amounts

to a form of licensing not authorized

by the Act.

Finally,

there

is no suggestion that the Agency

seeks such a role or possesses the resources to perform that

role.

2.

Deletion of a Separate Declassification “Loop”

(Subpart D,

Sections 808.280

—

808.282 of STS draft)

The Board draft introduces a “seamless” process

in which

the base determination as

to classification (under Section

808.245) may directly result

in declassification.

The STS draft

required generators

to file a second application for

classification if their waste qualified as lowest degree of

hazard special waste.

The STS draft stated that “because the

requirements for management of a Type A special waste are

virtually the same as for waste which is not a special waste,

the

Subpart leaves the election of declassification to the

generator”.

The Board draft simply eliminates

these overlapping

categories of wastes and redundant application processes.

3.

Deletion of

a Hazardous Waste Category Outside RCRA

(Sections 808.300,

808.302 and 808.307(b)(4))

Although the “Board Note” following Section 808.302 of

the STS draft suggests that a “hazardous waste” means a RCRA

waste as defined in

35

Ill. Adm. Code 721,

it

is clear

from

operation of Section 808.307(b)(4)

that some wastes which are not

presently classified

as hazardous under RCRA could fall into the

Type D category under

the STS proposal.

This could cause

controversy and confu~ionand

is

at odds with the evident

intent

of Section 22.01 and 22.9 of

the Act

to provide regulatory relief

from overly—onerous requirements for those wastestreams which do

not warrant the full panoply of controls

(e.g., 6-part manifests)

currently imposed on sp~ecialwastes.

The Board draft retains the

1~)2—ll4

---

—7—

DENR/STS scoring system intact, however, allowing for future

“hazardous” classification of those special waste streams

assigned

a score of 3~such classification would be authorized by

rules adopted under Section 22.4(b)

and

(c)

of the Act, rather

than under Section

22.01 and 22.9.

4.

Elimination of Mandatory Application for Wastestream

Identification Number

(Section 808.101(b)

of

STS draft)

and Agency Classification of Type D Wastes on Request

(Section 808.301

of STS draft)

The Board

draft (Section 808.241)

and STS draft

(Section

808.303)

share the common feature that a special waste

is a high—

order special waste subject

to the 6—part manifest and other more

stringent requirements unless proven otherwise.

However,

the

Board draft eliminates the requirement that all special waste

generators must apply

for

a wastestream identification number.

It also eliminates the somewhat related provision (Section

808.301) which allows the Agency

to classify any waste as

a

hazardous waste at the request of the generator.

Under

the Board

draft,

the generator of Class

B special waste may choose to

subject his wastes

to the Class A manifest requirement;

if

he so

chooses, his wastes are “deemed” to

be Class A special wastes for

all purposes of Part 808

(Section 808.122(b)).

The primary rationale for departing from the STS draft

in

this regard

is to avoid placing the Agency in the potential role

of

a “rubber stamp”

for generators seeking the higher—order

classification for their wastes.

There appears

to be no reason

to involve the Agency needlessly, creating a new administrative

burden

in the process,

in what

is essentially a business

decision.

5.

Elimination of the “Informational Application”

(Sections 808.100(c)

and 808.121, Board Note)

The STS draft appears to entitle “any person”

to apply

to the Agency for

a written determination as to the

classification of “any waste”, including,

presumably, RCRA

hazardous wastes and ordinary household refuse.

Such a

requirement appears

to add

a potential burden upon the Agency

unrelated to the purposes

of this rulemaking, and potentially

makes the Agency an unwilling player

in disputes between USEPA

and generators seeKing delisting

of hazardous wastes,

as well as

litigation involving attempts

by third parties

to have an

unlisted waste added to the USEPA’s hazardous waste

lists.

6.

Deletion

of Agency Rulemaking Prescribing Additional

Information Required

in Classification Application

(Section 808.402(i)

of the STS draft)

102—115

---

—8—

The Board draft enables the Agency to request additional

information as needed on a case-specific basis

(as does the STS

draft) but does not allow the Agency to prescribe rules

specifying such additional requirements.

Such rulemaking appears

properly the function of the Board, and in any event is not

authorized by the Act to be performed by the Agency.

7.

Deletion of Provisions Allowing Description of the Waste

Stream in Question to be Modified and Different From The

Chemical and Physical Analysis for that Wastestream

(Section 808.413(b)

of the STS draft)

The Board draft avoids the implications inherent

in

allowing a wastestream description to be modified notwithstanding

the physical and chemical analysis submitted for that

wastestream.

In its place,

the Board draft essentially redrafts

the STS language in 808.413(b)

and the accompanying “Board Note”

(a related change is the addition of the

“Board Note” fol1o~ing

808.413(a)).

Under the Board draft, each permutation of

a

wastestream need not match precisely the chemical and physical

analysis provided for that wastestream providing that the

description of the wastestream is expressed as a range of

properties associated with the particular generating process.

This outcome appears to meet the need for flexibility which

the

STS draft attempted to address without

inviting or

requiring the

applicant to “modify”

the description every

time.

For instance,

a generator of waste paint solvent may file a single analysis and

description for its wastestream to accommodate changes in pigment

color and concentration associated with different customers or

finished product lines.

8.

Deletion of

the “Preponderance” Standard for Agency

Decisions

(Section 808.503(c) of the STS draft)

The enunciation of

a

“preponderance” standard appears

inappropriate for Agency determinations which are not made upon a

record review as are Board decisions.

The “preponderance’

test

relates to the relative weight of the evidence introduced and

admitted

in a contested case proceeding which must be found

in

the contested case record

to sustain an agency’s judgment.

Where

there

is

no such contested case record,

the “preponderance” test

(or

the “manifest weight” test applicable

to Board decisions)

is

inapplicable.

The appropriate “test” for non—record Agency

decisions is simply whether they are correct.

Note

that the

“record” before the Agency

in

a permit matter

is not a “record”

in the sense used in review of decisions in contested case

proceedings.

9.

Elimination of Opportunity for Applicants

to Introduce

New Information

in a Request

for Reconsideration

(Section 808.541(a)

of the STS draft)

102—116

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—9—

While the Board draft retains the “request for

(Agency)

reconsideration” mechanism,

it does not allow such requests to

include new information.

The concern here

is that allowing new

information to be adduced on reconsideration potentially creates

a never—ending application process and improperly relieves

applicants of their responsibility to provide a complete

application at the outset of

the process.

Such an approach would

also appear

to encourage submission of “minimalist” applications

as

a tactic by applicants reluctant to divulge all relevant

information.

10.

Omission of Provisions Governing Applications for

Wastestream Identification Numbers

(Subpart B, Sections

808.200

—

808.220 of the STS draft)

The Board draft allows

for

inclusions of

(by leaving

a

“gap”

in the draft regulations at 808.200

et seq.), but does not

include,

the STS proposal’s provisions governing wastestream I.D.

numbers.

First,

reliance on such wastestream

I.D. numbers appear

to be predicated on adoption of R88—7’s proposed revisions to the

solid waste regulations.

This may not

be accomplished by

December

1,

1989.

Second,

the Board may choose to place the

waste stream I.D.

number application process provisions elsewhere

than in Part 808,

since such applications would not necessarily

involve the waste classification process.

11.

Elimination of Distinctions Between “Waste” and

“Wastestream” and Associated Requirements

(Section

808.110 and following Board Note of the STS draft)

The STS proposal requires a wastestream

I.

D.

number

only for “wastestreams”

(i.e., wastes which are routinely or

periodically produced by

a given process);

individual

(non—

repetitive) waste

loads are tracked pursuant

to an “unmanifested

waste report”

from the waste

receiving facility (per Section

808.411, page

52 of

the STS draft,

recommended for adoption

in

R88—7).

The Board draft retains verbatim the “unmanifested waste

report” feature at Section 809.502 but eliminates the distinction

between “wastes” and “wastestreams” as outside the scope of this

rulemaking and as potentially confusing and inconsistent with the

Act.

CONCLUSION

The Board wishes

to emphasize that the rationale set forth

in the draft STS for specific recommendations filed July

26,

1989

with the Board

in R85—27 are endorsed by neither the STS

(since

such recommendations were

in draft form only)

nor the Board.

However,

for purposes of eliciting comment during the First

Notice period, and to the extent

the subject provisions have been

retained in the Board’s own draft,

such rationale is offered by

the Board as explanation and justification.

1fl2—1l7

---

—10—

The Board will accept written comments concerning this

proposal for 45 days following publication of the proposal in the

Illinois Register.

In addition, at least two public hearings

will be held in order

to receive relevant testimony and

exhibits.

The Hearing Officer shall promptly schedule and

conduct appropriate hearings.

Hearings shall be completed as

expeditiously as possible in order

to enable the Board to meet

the December

1, 1989, statutory deadline for rulemaking.

ORDER

The Board hereby proposes

for first notice the following

additions and amendments to 35

Ill. Adm.

Code,

Subtitle G: Waste

Disposal, Chapter

I, Pollution Control Board, Parts 808 and

809.

(New language is underlined.

Deleted language is lined

through.)

The Clerk of the Board

is directed to file these

proposed rules with the Secretary of State.

102—113

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—10—

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE AND SPECIAL WASTE HAULING

PART 808

SPECIAL WASTE CLASSIFICATIONS

SUBPART A:

GENERAL PROVISIONS

Section

808.100

Purpose,

Scope and Applicability

808.101

Transitional Rule

808.110

Definitions

808.111

Incorporations by Reference

808.121

Generator Obligations

808.122

Manifests

808.123

Small Quantity Generators

SUBPART B:

CLASSES OF SPECIAL WASTE

Section

808.240

Special Waste Classes

808.241

Default Classification of Special Wastes

808.242

Special Handling Waste

808.243

Categorical Wastes

808.244

Characteristic Wastes

808.245

Degree of Hazard

808.246

Toxicological Testing

SUBPART

C:

CRITERIA

AND

DATA

REQUIREMENTS

Section

808.300

Introduction

808.301

Degree of Hazard Determination by Computer

808.302

Data Base

SUBPART

D:

REQUEST FOR WASTE CLASSIFICATION

Section

808.400

Introduction

808.401

Application Forms

808.402

Application for Waste Classification

808.410

Physical and Chemical Analysis

808.411

Significant Trace Constituents

808.412

Common

Names

808.413

Wastestream

Description

808.420

Quality Assurance Plan

808.430

Degree of Hazard Data

808.431

Toxicological

Testing

SUBPART

E:

REVIEW OF CLASSIFICATION REQUESTS

Section

808.501

Order of Requesting Information

1~2—l

19

---

—11—

808.502

Completeness

808.503

Standard for Classification

SUBPART

F:

WASTESTREAM CLASSIFICATION DETERMINATIONS

Section

808.520

Time for Agency Action

808.521

Conditions of Wastestream Classification

808.522

Final Agency Action

SUBPART C:

MODIFICATION, APPEAL AND ENFORCEMENT

Section

808.541

Request for Reconsideration

808.542

Appeal

808.543

Effect of Classification

808.544

Enforcement

808.545

Modification

SUBPART

H:

CATEGORICAL AND CHARACTERISTIC WASTES

Section

808.600

Introduction

808.601

Hazardous

(Infectious) Hospital Waste

Appendix A

Assignment of Special Waste to Classes

Appendix B

Toxicity Hazard

Appendix C

Fire Hazard

Appendix D

Leaching Agent Potential

AUTHORITY:

Implementing Sections

21,

22,

22.01 and 22.9,

anc

authorized by Section

27 of the Environmental Protection Act

(Ill. Rev.

Stat.

1987,

ch.

111 1/2, pars.

1021,

1022,

1022.(fl,

1022.9 and 1027.)

SOURCE:

Adopted in R85-27

at

Ill.

Reg.

effective

SUBPART A:

GENERAL PROVISIONS

Section 808.100

Purpose, Scope and Applicability

a)

This Part provides

a means by which persons may obtain a

classification of special waste which is not defined as

a hazardous waste pursuant to

35

Ill. Adm. Code 721,

to

assure that the waste receives appropriate handlirq

based on degree of hazard of the waste.

b)

Waste classification is applicable

to any waste.

C)

This Part

is intended

to allow any person generai~.~,

such special waste- to request waste classification ~nid

prescribes procedures by which applicants may supply

102—120

---

—12—

detailed information

in order

to establish the

appropriate waste classification.

Section 808.101

Transitional Rule

Generators

shall

use wastestream identification numbers issued by

the Agency pursuant to supplemental permits in accord with 35

Ill. Adm. Code 807 until the Agency issues a wastestream

identification number for such wastestream pursuant

to

~

The Agency may issue such a wastestream identification number

based upon the default provisions of Section 808.241

or upon a

determination made in response to a request

for the wastestream

pursuant to this Part.

All special wastes which are not subject

to RCRA hazardous waste requirements pursuant

to Part 721 are

deemed to be Class A special wastes unless

a contrary

determination has been made pursuant

to this Part.

The generator

may use the old wastestream identification number pending the

outcome

of any request

for reconsideration

or appeal pursuant

to

Sections 808.541 or 808.542.

Section 808.110

Definitions

“Act” means the Environmental Protection Act,

Ill.

Rev.

Stat.

1987,

ch.

111 1/2, pars.

1001 et

seq.

“Agency” means the Illinois Environmental Protection Agency.

“Board” means

the Illinois Pollution Control Board.

“Class A manifest” means

the shipping documentation

prescribed by the Agency to accompany Class A special wastes

and consisting of at least an original and

5 original copies,

2 of which are to be provided to the Agency.

“Class B manifest” means the shipping documentation

prescribed by the Agency

to accompany Class B special wastes

consisting of at

least an original and

3 copies,

none of

which are to be provided to the Agency.

“Declassified Waste” means

a waste which has been determined

pursuant to Section 808.245

to not be a special waste.

“Degree of hazard”

is determined as provided in Section

808.247.

“Hazardous waste”

is as defined

in

35

Ill.

Adm. Code 721.

“Special handling waste”

is a special or declassified waste

which,

due to its form and mode of containment

in transport,

presents

a danger

to

a person handling the waste such that

the person needs information about

the waste

to safely

transport,

treat, store or dispose of the waste.

“Special

handling waste”

includes any such waste which would pose a

danger

if handled in

a manner similar

to household waste.

102—121

---

—13—

“Dangers” include, but are not limited

to, the following:

fire, explosion, and emission of toxic or carcinogenic gas or

dust.

“Special handling waste” also includes any special

waste which, because of appearance or packaging,

resembles

waste which would be a special handling waste.

Such waste

includes, but

is not limited to, any special waste contained

in a sealed drum.

Irrespective of its degree of hazard

ranking under Section 808.245, a special handling waste is a

special waste.

BOARD NOTE:

Section

808.244 provides that special handling

waste which would otherwise be declassified is at

least a

Type B special waste.

“Special waste” includes any hazardous waste, and any

industrial process waste or pollution control waste which has

not been declassified pursuant

to Section 808.245.

“Waste” means a “solid waste” as defined

in 35

Ill. Adm.

Code

810.103.

Section 808.111

Incorporations by Reference

a)

The Board incorporates the following materials by

reference:

ANSI.

Available from the American National

Standards Institute,

1430 Broadway, New York, New

York

10018,

(212)

354—3300:

ANSI/ASQC Cl—l985,

“Specification of General

Requirements

for

a Quality Program”, approved

November,

1985.

ANSI/ASQC S1—l987,

“An Attribute Skip—Lot Sampling

Program”, approved March

6,

1987.

ANSI/ASQC Q94-l987,

“Quality Management and Quality

System Elements

——

Guidelines”, Approved June

15,

1987.

ANSI/ASQC Zl.4—l981, “Sampling Procedures and

Tables for Inspection by Attributes”, Approved

1981.

ANSI/ASQC Zl.9—1980,

“Sampling Procedures and

Tables for Inspection by Variables for Percent

Nonconforming”, Approved March

6,

1980.

ASTM.

Available from American Society

for Testing

and Materials,

1916 Race Street,

Philadelphia, PA

19103,

(215)

299—5400:

102—122

---

—14—

ASTM Standard D 3828—87

“Standard Test Methods for

Flash Point of Liquids by Setaflash Closed Tester”,

approved December

14,

1987.

ASTM Standard E 896—87

“Standard Test Method for

Conducting Aqueous Direct Photolysis Tests”,

approved September

25,

1987.

ASTM Standard E 1147—87

“Standard Test Method for

Partition Coefficient (n—Octanol/Water) Estimation

by Liquid Chromatography”, approved February 27,

1987

ASTM Standard E 1148—87

“Standard Test Method for

Measurements of Aqueous Solubility”, approved April

3,

1987

NTIS.

Available

from

the National Technical

Information Service,

5285 Port Royal

Road,

Springfield, VA

22161,

(703)

487—4600:

“Methods for Chemical Analysis of Water and

Wastes”, Third Edition, March,

1983.

(Document

number PB 84—128677)

“Test Methods

for Evaluating Solid Waste,

Physical/Chemical Methods,” EPA Publication number

SW—846

(Second Edition, 1982 as amended by Update

I

(April,

1984)

and Update

II

(April,

1985))

(Document number PB 87—120291)

b)

This Section incorporates no future amendments or

editions

Section 808.121

Generator Obligations

a)

Each person who generates waste shall determine whether

the waste

is

a special waste.

(BOARD NOTE:

35 Ill. Adm. Code 722 requires the person

to also determine

if the waste

is a hazardous waste.

b)

No person shall deliver special waste

to a hauler unless

the waste

is accompanied by

a manifest as specified in

Section 808.122 and the hauler has a special

waste

hauling permit issued pursuant

to 35

Ill.

Adm.

Code

809.

The following are exceptions

to this prohibition:

1)

The person

is

subject

to the small quantity

generator

exemption

of

Section

808.123.

2)

The hauler and waste are subject

to a hauler

exemption under

35

Ill. Adm. Code 809.331.

102—123

---

—15—

3)

The Agency has determined pursuant

to this Part

that the waste is not a special waste.

c)

No person shall cause, threaten or allow the treatment,

storage or disposal of special waste in Illinois except:

1)

At a facility permitted or otherwise authorized to

manage the special waste pursuant to 35

Ill. Adm.

Code 703 or

811;

or

2)

At a facility owned and operated by such person and

subject

to the on—site disposal exemption of

Section 21(d)

of the Act.

d)

No person shall deliver special waste

to a hauler or

a

permitted facility without a wastestream identification

number.

e)

No person shall deliver

to a hauler or permitted

facility special waste with

a wastestream identification

number unless

the waste conforms with the wastestream

description

in the wastestream classification

determination.

Section 808.122

Manifests

If required by Section 808.121(b):

a)

The generator of any special waste shall prepare a

manifest in the form prescribed by 35

Ill. Adm. Code

809.501 prior

to shipment.

b)

The generator of any Class B special waste may choose to

utilize a manifest

in the form prescribed for Class A

special wastes.

Special wastes made subject

to this

subsection shall be deemed Class A special wastes

for

all purposes of this Part.

Section 808.123

Small Quantity Generators

Any person who generates a total quantity of a special waste

of

100 kilograms

(220 pounds)

or less in any calendar month:

is not

required to initiate a manifest when delivering such special

waste to a hauler providing that such waste shall not

be

accumulated for more

than 190 days prior

to shipment.

In any

action,

to enforce the terms of this Section,

the burden of proof

shall be on the generator

to establish compliance with the time

limit on accumulation:

SUBPART B:

CLASSES OF SPECIAL WASTE

Section 808.240

Special Waste Classes

102—124

---

—16—

a)

There are two classes of non-RCRA hazardous special

waste.

35 Ill.

Adm. Code 811 provides different

rules

for the transportation,

treatment,

storage and disposal

of these waste

types.

The waste types are called “type

A” and “Type B”, with greater restrictions on the

handling of the former.

In addition, special wastes

with a negligible degree of hazard

(i.e.,

scoring less

than

1 pursuant

to Section 808.145) may be

declassified.

Such declassified wastes shall be deemed

to be refuse which

is not a special waste.

b)

This Subpart should be read in conjunction with the

flowchart in Appendix A.

The Sections of this Subpart

are arranged such that the first Section which assigns

a

waste classification to the waste controls.

c)

This Part contains rules

for the assignment of wastes to

classes.

Subpart

D contains procedures by which a

person requests that the Agency assign special

wastestreams

to classes.

d)

Subpart

B allows the Agency

to determine that

a waste

is

not

a special waste.

Section 808.241

Default Classification of Special Wastes

Any industrial process waste or pollution control waste which

is

not

a RCRA hazardous waste

is a Class A special waste unless and

until some person demonstrates otherwise to the Agency pursuant

to this Part.

Section 808.242

Special Handling Waste

A special handling waste which is neither

a RCRA hazardous waste

nor a Class A special waste under the other provisions of

this

Subpart

is a Class B special waste.

(BOARD NOTE:

This rule sets the special handling

flag.

A

special handling waste will require manifesting

regardless of the

predicted degree of hazard score under Section 808.245,

to

protect the waste hauler,

the disposal operator and their

employees.)

Section 808.243

Categorical Wastes

a)

Subpart

H defines certain categorical wastes and assigns

them to classes.

b)

A waste which meets the criteria for inclusion within a

category is a special waste of

the class specified for

the category.

Section 808.244

Characteristic Wastes

102—125

---

a)

Subpart H defines certain waste characteristics and

assigns wastes meeting the characteristics to classes.

b)

A waste which exhibits a characteristic is a special

waste of the class specified for the characteristic.

Section 808.245

Degree of Hazard

An industrial process waste or pollution control waste which

is

not a

RCRA

hazardous waste

shall be assigned

to

a class based on

the degree of hazard as follows:

a)

Compute scores for the following hazard categories:

1)

Toxicity hazard (Appendix B);

2)

Fire hazard (Appendix C); and,

3)

Leaching hazard (Appendix D).

b)

Assign to types based on the highest score from

subsection

(a):

1)

If the score is

0,

the waste shall be deemed not

a

Special Waste

(i.e.,

is a declassified waste);

2)

If the score

is

1,

the waste is deemed to be class

B special waste;

3)

If the score

is

2 or more,

the waste

is deemed to

be class A special waste.

However,

if the score is

3,

the waste shall be subject

to such additional

classification and other requirements as may be

imposed by Board regulations,

including but not

limited to those adopted pursuant to Section

22.4(b)

and

(c)

of

the Act.

c)

Notwithstanding

the above,

a special handling waste

shall be deemed

to be at least

a class B special waste.

Section 808.246

Toxicological Testing

A waste may be assigned to a class pursuant

to Section 808.245

based on toxicological testing of the waste or

its components.

SUBPART

C:

CRITERIA AND DATA REQUIREMENTS

Section 808.300

Introduction

This Subpart governs criteria and data requirements used to

predict the degree of hazard pursuant

to Section 808.245.

Section 808.301

Degree of-Hazard Determination by Computer

102—126

---

—18—

a)

The Agency may employ electronic data processing

equipment and programs

to accomplish the purposes of

this Subpart.

Any such program must assign a degree of

hazard according

to the method specified in Section

808.245.

b)

The program must display all data used in each degree of

hazard prediction, together with the source of the data.

Section 808.302

Data Base

a)

This Section governs the data base which may be employed

to assess the physical, chemical and toxicological

properties of waste constituents.

b)

The data base shall consist of data from any source

which the Agency determines

is reasonably

reliable as

a

basis

for decision.

Reasonable reliability of a source

shall be assessed by reference to factors including, but

not limited to,

its scientific validity, the consistency

with which the source reflects directly observable data,

including monitoring data, and the consistency of

results of repeated applications of data and formulae.

Such data sources include,

but are not limited to the

following:

1)

Data from standard reference sources;

2)

Data published or incorporated by reference by a

federal regulation or

by

a regulation adopted by an

agency of the State of Illinois;

3)

Data included in the application under

consideration and in written communications between

the applicant and the Agency or their

representatives,

with respect

to the application;

4)

Data previously used by the Agency

in other

wastestream categorization determinations.

SUBPART

D:

REQUEST FOR WASTE CLASSIFICATION

Section 808.400

Introduction

a)

This Subpart specifies the procedures used

to obtain a

waste classification from the Agency.

b)

Waste classification may be requested by any person

subject to the obligations

imposed on generators of

special waste as specified in Subpart A.

102—127

---

—19—

Section 808.401

Application Forms

Persons applying for waste categorization shall use application

forms promulgated by the Agency.

Section 808.402

Application for Waste Classification

An application for waste categorization shall, at a minimum,

include the following information:

a)

Basic information.

1)

The name, address and phone number of the original

generator.

2)

The original generator’s United States

Environmental Protection Agency

(USEPA)

identification number

(35 Ill. Adm. Code 722.122)

and the Agency identification number,

if the

original generator has already obtained either.

3)

The name and address of any treater of the waste.

4)

Any treater’s USEPA identification number and

Agency site number.

5)

Whether any treater has a RCRA permit or interim

status.

6)

For a waste already produced, a chemical and

physical analysis as specified in Section

808.410.

For a waste yet

to be produced, a

predicted chemical and physical analysis based upon

laboratory or pilot process data, process design

data or other relevant

information.

7)

A wastestream description as specified

in Section

808.413.

8)

A quality assurance plan as specified in Section

808.420.

9)

A description of any treatment processes.

10)

Identification of the disposal site or sites to

which the applicant proposes

to send the waste.

(BOARD NOTE:

This information

is requested

to

assist

the Agency in reviewing the application.

These

rules do not preclude use of

a disposal

ce

which

is not identified in the application

for

classific-ation.)

102—123

---

—20—

11)

Wastestream number of any supplemental wastestream

permit issued

for the waste pursuant

to

35 Ill.

Adm. Code 807.210, and the expiration date of any

such permit.

b)

The rationale for requesting classification,

including

all relevant calculations and other bases for

conclusions.

c)

Data establishing that the waste

is not a hazardous

waste pursuant to

35

Ill. Mm. Code 721.

(BOARD NOTE:

Wastestream categorization is not

applicable to RCRA hazardous waste.

If

the generator

anticipates that this will be an issue,

the generator

should include documentation supporting the claim that

the waste

is not a hazardous waste pursuant to 35

Ill.

Adm. Code 721.)

d)

Data bearing on whether the waste is a special handling

waste,

including the physical form of the waste and the

mode of containment,

if any, during transport.

e)

Whether the waste

is a categorical

or characteristic

waste.

f)

Sufficient physical, chemical and toxicological data to

assign

a degree of hazard pursuant to Section 808.245

pursuant

to Section 808,430.

g)

If necessary,

results of toxicological testing as

specified in Section 808.431.

h)

Such additional information as the generator believes

is

appropriate to show that the waste should be classified

as the generator requests.

i)

Such additional

information as the Agency determines

is

necessary for

it to assign the waste to a class.

The

Agency may specify additional information by a request

directed to the individual applicant.

Section 808.410

Physical and Chemical Analysis

Physical and chemical analysis of wastes

for purposes of

this

Subpart shall

be as follows:

a)

Samples must be representative of the wastestream.

1)

Samples must include all waste phases.

2)

Samples must be distributed spatially within the

waste bulk.

102—129

---

—21—

3)

Samples must be distributed over sufficient time

to

account

for variation in the wastestream through

work shifts, seasons,

etc.

b)

The following properties shall be determined and

reported:

1)

The physical state of each waste phase.

2)

pH as determined by the method specified in

Appendix D.

3)

Flashpoint as determined by the method specified in

Appendix

C.

-.

4)

Results of an EP toxics test as specified in

35

Ill. Adm. Code 721.124.

5)

Density.

c)

Analysis

for constituents.

1)

The analysis must account for all materials

introduced into a process,

and all materials

which

come into contact with products and materials

produced by the process,

including end products

and

impurities.

2)

The analysis must account for chemicals which will

react with each other under

the process conditions.

3)

If available,

the analysis must use the Chemica’

Abstracts Service

(CAS) name and number

for

each

constituents, or a name from the list of common

names pursuant to Section 808.412.

Otherwise,

the

person requesting classification may provide a name

and complete description of the constituent.

4)

The analysis shall include

a

list of major

constituents and concentrations which accounts

for

at least 99

of the mass of the waste.

The

list

may include an entry for

“other”

or “unknown”,

if

adequately characterized by the list of significant

trace constituents below.

The analysis shall

list

major constituents of the waste rounded to the

nearest tenth of a percent, and shall be supported

by a mass balance.

5)

Significant

trace constituents.

The generator

shall

include a list and the concentration of

all

significant

trace constituents as defined in

Section 808.411.

102—130

---

—22—

6)

The analysis shall

identify all such major

constituents and significant trace constituents as

are listed

in 35

Ill. Adm. Code 72l.Appendix

H.

d)

Error analysis.

The analysis must report the average

value and expected range of each major constituent and

significant trace constituent.

The expected range must

predict the interval within which 95

of analyses for

the constituent are expected to fall.

The error

analysis must take into account the following:

1)

Temporal

variation

in

the

wastestream

properties;

2)

Uncertainties arising from sampling the waste;

and

3)

Uncertainties arising from the method

of analysis.

Section 808.411

Significant Trace Constituents

A significant

trace constituent

is

a constituent revealed by

qualitative analysis:

a)

Which

is present at

a concentration less than 1;

and,

b)

Which has a toxicity,

BiTi,

as determined

in Appendix

B,

less than 500 mg/l.

Section 808.412

Common Names

The Agency shall adopt

a list of common names,

together with a

description of each.

(BOARD NOTE:

The purpose of this provision is to promote greater

consistency in the naming

of constituents which are not amenable

to chemical nomenclature.

The Agency may use this mechanism to

assign common names

to constituents.

Suggested names include:

Sand, water,

wood,

foodstuff.

In addition,

this mechanism can be

used to assign a name and toxicological properties to complex

mixtures after

these have been determined

for a wastestream or

a

type of waste—generating process.

Section 808.413

Wastestream Description

a)

The wastestream description must include

the following:

1)

The name of the generator

if other than the

original generator identified in Section

808.402(a) (1);

2)

The name of the wastestrearn as assigned by the

Agency under Section 808.412,

or as assigned by the

generator

if no name has been assigned by the

Agency;

102—131

---

—23—

3)

The activity, production process or treatment

process which gives rise to the waste;

4)

A general description of the physical and chemical

properties of the wastestream.

(BOARD NOTE:

This description may be summary and

narrative; detailed description of physical and

chemical properties of the wastestream is governed

by Section 808,410).

b)

The wastestream description may include a description of

a range of physical and chemical properties of the

wastestream based on physical and chemical atlalysis

pursuant

to Section 808.410, associated with periodic,

occasional or anticipated changes

in the process which

produces the waste

(e.g.,

changes

in materials used as

coatings, bonding agent or solvents).

(BOARD NOTE:

The wastestream description differs from

the waste analysis discussed above.

The wastestream

description should describe the waste which the

applicant wishes

to have classified,

which may not be

exactly what the applicant presently produces.

The

waste which is subjected

to analysis must fit within the

wastestream description, but need not be identical to

all permutations of

it.

To avoid having to necessarily

repeat

the waste classification process,

the applicant

should request classification of a broadly—defined and

characterized wastestream so as

to cover any periodic,

occasional or anticipated modification to the waste

properties.

However, this will tend to increase the

degree of hazard ranking of the wastestream.)

Section 808.420

Quality Assurance Plan

A quality assurance plan shall detail steps which the generator

will take

to ensure that waste conforms with the wastestream

description.

a)

The plan must include employee orientation measures,

such as the following:

I)

Assignment

of responsibility for assuring

compliance;

2)

Employee training;

3)

Work rules;

4)

Posting

of signs;

5)

Positioning of waste receptacles.

102—132

---

—24--

b)

The plan must include periodic and random inspection,

sampling and analysis of

the wastestream to ensure that

it conforms with the wastestream description.

The plan

must be designed so that there is at least

a 95

probability that loads meet the wastestream description.

The plan may specify measures

to be taken to account for

variables in the properties by the wastestream so as

to

prevent false negatives.

(BOARD NOTE:

The applicant should use statistical

quality control to devise a plan with an inspection

schedule which meets

the above standard based on the

properties and variability of the wastestream.)

c)

The plan may provide

for

inspection,

sampling and

analysis by the permitted facility which receives the

waste.

If

so,

the plan must include

a written agreement

by the receiving facility detailing what

it will do.

(BOARD NOTE:

The permitted facility

is required by

permit and by

35

Ill.

Adrn.

Code 811 to inspect, sample

and analyze wastes

it receives.

This

is distinct from

similar activities undertaken by contract on behalf of

the generator pursuant

to this Section.)

Section 808.430

Degree of Hazard Data

a)

The applicant may elect

to include its degree of hazard

prediction with the application.

(BOARD NOTE:

The applicant may include the results

of

a

degree of hazard prediction performed

by a computer

program.)

b)

The Agency may request additional data if necessary to

assign the waste to a class and the application contains

inadequate information

to determine the degree of hazard

of the waste.

(BOARD NOTE:

If the Agency requests data,

the request

may include

a computer—generated result of an attempt to

perform the degree of hazard prediction, with a specific

request

for needed data.)

c)

Degree of hazard data includes sufficient information

to

predict the degree of hazard of the waste pursuant to

Section 808.245.

The data includes,

but

is not limited

to,

the following with respect

to each constituent,

in

addition to the information normally present

in the

physical and chemical analysis above:

1)

Toxicity;

2)

n—Octaanol/water partition coefficient;

102--133

---

—25—

3)

Persistence, measured as the half—life in days;

and

4)

Solubility in water

in parts per million on a

weight basis.

Section 808.431

Toxicological Testing

a)

The applicant may elect

to include the results of

toxicological testing of components of the waste or of

the waste itself.

b)

The Agency shall request that the applicant perform

toxicological testing of components or of

the waste

if a

degree of hazard determination

is necessary to assign

the waste to types and the Agency concludes that there

is not adequate information in its data base

to

determine the degree of hazard.

c)

Testing shall be to determine an LD5O

—

oral

rat.

The

Agency may approve alternative toxicological testing

if

the applicant demonstrates why an LDSO

—

oral rat cannot

be measured.

The applicant shall document the relation

of the chosen parameter to

art LD5O

—

oral rat.

SUBPART

E:

REVIEW OF CLASSIFICATION REQUESTS

Section 808.501

Order of Requesting Information

a)

If possible, the Agency shall categorize the wastestream

without requesting or using degree of hazard data

pursuant

to Section 808.430.

(BOARD NOTE:

For example,

if the waste is a categorical

waste,

it should be assigned to the type for that

category without resort

to degree of hazard data.)

b)

If after requesting and receiving degree of hazard data

pursuant

to Section 808.430,

the Agency still cannot

determine the degree of hazard,

the Agency shall request

toxicological testing pursuant to Section 808.431.

Section 808.502

Completeness

a)

An incomplete application

is one which has insufficient

information to classify the waste,

including the lack of

degree of hazard data or

toxicological testing,

if

necessary.

b)

If the Agency determines

that an application

is

incomplete,

it shall classify the waste as a Class A

special waste unless the Agency determines,

based on

such informatiori as may be available,

that the waste

is

a RCRA hazardous waste pursuant to

35

Ill. Adm. Code

721.

However,

if the applicant waives the decision

102~-134

---

—26—

period specified by Section 808.504,

the Agency may hold

an application pending receipt of additional

information.

c)

If an incomplete application has a wastestream

description or quality assurance plan which is not

adequate to define the subject matter of the

application,

the Agency shall not issue

a wastestream

identification number or a supplemental wastestream

permit,

as the case may be.

Section 808.503

Standard for Classification

Pursuant

to Section 808.245, the Agency shall assign special

waste to a class or shall declassify the waste.

SUBPART

F:

WASTESTREAM CLASSIFICATION DETERMINATIONS

Section 808.520

Time for Agency Action

a)

The Agency shall

issue a wastestream classification

determination within

60 days after

the date of receipt

of complete application.

An application shall be deemed

complete 30 days following receipt by the Agency unless

the Agency notifies the applicant otherwise in writing.

b)

The applicant may waive the time for Agency action.

c)

As provided

in Section 22.9(e)

of the Act,

if the Agency

fails to act within 60 days after receipt of the

request, the applicant may seek review before the Board

pursuant to Section 40 of the Act as

if the Agency had

denied an application for a permit.

Section 808.521

Conditions of Wastestream Classification

The Agency

shall include the following conditions

in each

wastestream classification determination:

a)

Wastestream description.

b)

Wastestream identification number.

c)

Type of special waste.

d)

Limitations on the management

of the waste based on this

Part, and

35

Ill. Adm. Code 809 and 811.

e)

Quality assurance plan.

f)

Expiration date.

102—135

---

—27—

g.’

Such addition conditions as the Agency determines a~e

ne.~e~saryto assure, that waste-managed pursuant to the

classificat~iondetermina.tion

is of the class specified.

Section 808.5-22

Final Agency Action

Final Agency action shall consist of a final determination of a

wastestream classification request.

The Agency takes final

action on the date the wastestream classification determination

is mailed to the applicant.

SUBPART

G:

MODIFICATION, APPEAL AND ENFORCEMENT

Section 808.541

Request for Reconsideration

a)

Within 35 days after

the Agency takes

final action,

the

applicant may request

reconsideration.

b)

The time for appeal

is stayed pending the Agency’s

action on the request for reconsideration.

c)

If the application is a request for modification of

a

previous final wastestream determination, the new

determination

is stayed and the applicant shall continue

to manage waste pursuant

to the old determination.

Otherwise,

the applicant shall manage the waste in

accordance with the new determination pending

reconsideration.

d)

The Agency’s review of a request for reconsideration

is

subject

to the same procedures as the original

application.

Section 808.542

Appeal

a)

Within

35 days after

the Agency’s final action,

the

applicant may appeal

a wastestream classification

determination to the Board pursuant

to

35 Ill. Adm. Code

105.

b)

The record before the Board consists of the data base

which was considered by the Agency at the time the

Agency

took

final action.

The applicant may supplement

the record before

the Board only under

one or more of

the following conditions:

1)

If the applicant attempted

to place the information

into the data base before the Agency.

(BOARD NOTE:

This provision

is intended

to preven:

the use of appeals

to challenge the validity of

degree of hazard data through the introduction of

new information without the Agency having

the

opportunity

to reconsider.)

102—136

---

—28—

2)

If the data base filed by the Agency

is not

complete with respect

to materials identified in

subsection

(b)(3)

of Section 808.302.

Section 808.543

Effect of Classification

A wastestream classification provides the generator with a

determination necessary to obtain a wastestream identification

number or

to obtain a modification

to

a supplemental wastestream

permit, which in turn

is necessary for completion of manifests

and reports required by this Part,

35

Ill. Adm. Code 809 and

811.

The wastestream classification authorizes the generator,

hauler and permitted facility to transport and manage waste

meeting the wastestream description in accordance with

regulations governing the transportation and management of

special waste of the type provided in the classification

determination.

Section 808.544

Enforcement

Any person may bring an enforcement action pursuant to Title VIII

of the Act and

35

Ill. Adm. Code 103.

Penalties are as provided

in Title XII of the Act.

Sanctions include revocation of a

wastestream classification determination.

Section 808.545

Modification

a)

A person who has received a wastestream classification

may request modification at any time by filing a new

application.

(BOARD NOTE:

The generator has to file

a new

application at the time the waste

the generator produces

no longer meets the wastestream description.)

b)

The Agency shall modify a wastestream classification to

reflect changes

in the Act

or Board regulations.

The

Agency shall give the generator

at least

30 days prior

written notice before it modifies the wastestream

classification.

SUBPART H:

CATEGORICAL AND CHARACTERISTIC WASTES

Section 808.600

Introduction

a)

This Subpart defines “categorical wastes” by the type of

generator producing the waste,

by the process from which

the waste arises or

by name.

This

Part also defines

“characteristic wastes” based on physical or

chemical

properties of the waste.

b)

Categorical and characteristic wastes are assigned to

special waste classification based on their general

102—137

---

—29—

properties,

regardless of the degree of hazard of

Section 808.601

Hazardous

a)

“Hazardous hospital waste.”

See “Hazardous

(infectious)

hospital waste”.

“Hazardous

(infectious) hospital waste” means

“Hazardous hospital waste” as defined in Section

3.13 of the Act.

“Hazardous

(infectious)

hospital

waste” means waste which has been generated by a

hospital

in connection with patient care which is

contaminated with or may be contaminated with an

infectious agent which has the potential of

inducing an infection and which has not been

rendered innocuous by sterilization or

incineration.

More specifically,

“hazardous

(infectious) hospital waste” means any waste which

includes:

Medical and patient care items contaminated

by,

and human excreta produced by, persons who

have been placed

in strict or enteric

isolation for the control and treatment of an

infectious disease by the hospital’s infection

control committee.

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.

Medical and patient care items contaminated

during surgery when

the case

is infectious.

Tissues

(human or animal),

pathological waste,

and items that are contaminated by an

infectious

agent.

Ba~teriologicalcultures and blood or other

excreta that are products from bacteriological

testing.

And,

102--13~l

---

—30—

Any other waste which, because of its

infectious nature,

is ordered to receive

special handling and disposal by the

hospital’s infection control committee.

“Hospital”

means any institution, place,

building,

or agency, public or private, whether organized for

profit

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,

for

example, nursing homes, offices of human or

animal

health care providers,

out—patient clinics,

or

veterinary hospitals.

“Incineration” means the complete reduction of

a

substance to ashes by means of combustion.

“Infection control committee” means a hospital’s

infection control committee established pursuant

to

77

Ill.

Adra. Code 250.1100

(1988).

“Innocuous Hospital Waste”

is not a special waste,

but for the purposes of this Subpart means 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 Section includes, but

is

not limited to,

garbage,

refuse,

such as packaging

materials removed before a product reaches patient

care 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.

“Sterilization” means the complete destruction of

microorganisms by moist or dry heat

or by

bactericidal chemical compounds.

b)

Hazardous

(infectious)

hospital waste

is a Class A

special waste,

unless

it has been rendered innocuous.

102—139

---

—31—

35

Ill. Adm. Code 811 prohibits deposition of hazardous

(infectious)

hospital waste in a landfill.

c)

Rendering Innocuous by Sterilization.

Any hazardous

(infectious) hospital waste may be rendered an innocuous

hospital waste by:

1)

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.

stearothermophilus, or

2)

Sterilization of the waste

in

a commercial ethylene

oxide unit that provides controlled temperature

and

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.

d)

Rendering Innocuous by Incineration.

Any hazardous

(infectious)

hospital waste may be rendered an innocuous

hospital waste by incineration provided 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 the

manufacturer’s instructions, and

2)

All permits required by

35

Ill. Adm. Code 201 have

been obtained from the Agency, and the conditions

of those permits have been met.

e)

Residuals

1)

Innocuous hospital waste may be disposed of by any

lawful means appropriate

to its classification

under

this Part,

including incineration in any

incinerator appropriate

for

such waste and for

which

the Agency has issued a permit.

2)

The ash produced by the incineration of hazardous

(infectious)

hospital waste

is a special waste

which

is assigned

to classes based on this Part.

f)

Recordkeeping Requirements.

1)

Generators of hazardous

(infectious)

hospital waste

who render such waste into innocuous hospital waste

shall kee~pand make reasonably available for Agency

inspection’:

102—140

---

—32—

1)

Records of any required biological spore assay

tests.

2)

Records describing the approximate amount of

waste sterilized or incinerated.

3)

Records which demonstrate proper operation of

the sterilization or incineration equipment

(such as time and temperature maintenance for

each load).

2)

The requirements of subsection (f)(l) may be

satisfied by maintenance of the records

in the form

required to be kept by any hospital licensing or

accreditation body, provided that such records

include

information sufficient

to comply with

subsection

(f)(l).

~J

Classification of hazardous

(infectious)

hospital waste

which has been rendered innocuous other than by

incineration.

Any hazardous

(infectious)

hospital waste

rendered innocuous pursuant

to this Section other than

by incineration may be reclassified

(including

declassified) pursuant

to this Part.

102—14

1

---

—33—

______

~

1

~7~ar,&E

~-‘I~3~Ec~7J

-~~1

-~

ANL

~N

)v~-jç~

Q~

SV~~LE~frEk”~L

—

~cT,~EAt.

PI~A’t-iT~

~-~4SS

5PrciF:E~

F~j’~~

~

(~As~.

cPEcJrJ~ri

f~ (~RAcr~~r,C

~P.~:CE~S

C,C,D4

L

A!P~Lcr~_iP

~i.sc~

.1~_

.a

~

Section 808,Appendjx A

Assiqnment of Special Waste

to Classes

D,~m

ADE.~OATE..

To

OEtr~”~.~E.

1~

or

JJA~.!~r-)~

102—142

---

—34—

Section 808.Appendix B

Toxicity Hazard

a)

The wastestream equivalent toxic concentration is

calculated as follows:

Ceq

=

A SUM(Ci

/

BiTi)

where:

1)

SUM means the sum of the results of the calculation

in parentheses for each component of the

wastestream.

2)

Ci

is the concentration of component

i as a percent

of the waste by weight.

3)

Ti

is a measure of the toxicity of component

i,

as

provided in paragraph

(h).

4)

A is equal to 300.

(BOARD NOTE:

A is

a constant used

to allow the

entry of percent values for Ci, and to adjust the

results so that a reference material, 100

copper

sulfate, with an oral toxicity of 300 mg/kg,

achieves an equivalent toxicity of

100.

Under the

following paragraphs,

100 kg/month of the reference

material has a “toxic amount”

of 10,000, defining

the borderline between a “toxic score”

of

2 or

3

for a small quantity generator.

)

5)

Bi

is

a constant used to convert toxicities

(Ti)

to

equivalent oral toxicities.

Bi

is determined from

paragraph

(i).

b)

Calculate the toxic amount

(M)

as

follows:

fri

=

SCeq

where:

1)

S

is the wastestream size

in kg/month.

2)

Ceq

is the equivalent concentration from paragraph

(a).

C)

Calculate the toxic score as follows:

1)

If the toxic amount

is less than 100,

the toxic

score

is

0.

2)

If

the toxic amount

is greater

than or equal to 100

and less than 1000,

the toxic

score is

1.

102—143

---

—35—

3)

If the toxic amount

is greater than or equal to

1000 and less than 10,000,

the toxic score is

2.

4)

If the toxic amount is greater than or equal

to

10,000,

the toxic score

is

3.

d)

Assign to types based on toxicity.

1)

If the toxic score is

0 or

3,

the toxic score

is

used

in Section 808.245 without adjustment.

2)

If the toxic score

is

1 or

2,

the toxic

score

is

adjusted based on environmental fate pursuant to

the following paragraphs.

e)

The environmental fate score

(F)

is calculated as

follows:

F

=

SUM(CiLi)

where:

1)

SUM means the sum of the results of the calculation

in parentheses for each component of the

wastestream.

2)

Ci

is the concentration of component

i as a percent

of the waste by weight.

3)

Li

is the environmental level of the component as

determined by paragraph

(j)

f)

Adjust toxic score

1)

If the environmental fate score

is less than 100,

subtract

1 from the toxic score.

2)

If the environmental fate score

is greater than or

equal

to 100 and less than 200,

the toxic score

is

not modified.

3)

If the environmental fate score

is greater than or

equal

to 200, add

1 to the toxic score.

g)

Return

to Section 808.245 with

the toxic

score or

adjusted toxic score.

h)

Sources of toxicity data.

1)

The generator

is

required to provide information

to

substantiate. that any waste

is other than a type A

waste.

102—144

---

—36—

2)

Carcinogens and mutagens.

If available, use a TD5O

oral rat.

Otherwise:

A)

Carcinogens are assigned a Ti of 0.1 mg/kg;

and

C)

Mutagens are assigned a Ti of 0.6 mg/kg.

3)

The best toxicity value

is selected according to

the following criteria.

A)

Toxicities are converted to equivalent oral

toxicities as

specified

in paragraph

(i).

B)

Toxicity values are

ranked by source according

to the following priorities,

with the better

sources listed first.

i)

Oral rat;

inhalation

rat;

dermal

rabbit;

or, aquatic toxicity.

ii)

Other mammalian toxicity values.

C)

If there

is more than one value

for the

toxicity from the best available source,

the

lowest

(most

toxic)

equivalent oral toxicity

value

is

used.

i)

Conversion factors for equivalent oral toxicities

(Bi):

Toxicity measure

Units

Si

Oral

—

LD5O

mg/kg

1.

Carcinogen/mutagen

——

TD5O

mg/kg

1.

Aquatic

—

48 or

96 hour LC5O

ppm

5.

Inhalation

—

LC5O

mg/l

25.

Dermal

-

LD5O

mg/kg

0.25

1)

If a carcinogen or mutagen

is assigned a value for

Ti

in the absence of

a TD5O,

Si

is assigned

a value

of

1.

j)

Environmental levels

(Li).

If the component

is

innocuous,

Li

is equal

to

0.

Otherwise,

Li for a

component

is the highest level

for that component

in the

following table, based on bioaccumulation,

persistence

and solubility.

If

a value

is on the boundary between

ranges,

the higher value of

Li

is used.

102—

145

---

—37—

Bioaccumulation

Persistence

Solubility

Li

Mi

Max.

Mm. Max.

Mm.

Max.

5

365

———

10,000

———

3

4

5

30

365

1000

10,000

2

0

4

0

30

0

1000

1

1)

“Innocuous” components are those for which BiTi,

as

determined in paragraph

(a),

is greater

than

5000mg/kg.

2)

Bioaccumulation is measured as to logarithm to the

base 10 of the n—octanol/water partition

coefficient

for the constituent, measured according

to ASTM E 1147,

incorporated by reference in

Section 808.111.

3)

Persistence

is determined as provided

in paragraph

(k)

4)

Solubility

is measured as parts

per million on

a

weight basis.

Solubility may be measured according

to the method described in ASTM E 1148,

incorporated by reference

in Section 808.111.

k)

Persistence.

If available,

a value

for persistence

measured as provided

in subsection

(k)(l) must be

used.

Otherwise,

the table of subsection

(k)(2)

must be

used.

1)

Persistence must be measured according

to the

method described

in ASTM E 896,

incorporated by

reference in Section 808.111.

2)

Persistence may be estimated using

the

following

table.

Constituents which fit into more

than one

category have the longest half

life indicated.

Type of Compound or Material

Half Life

(d~3

Metal, metal oxide or inorganic oxide

366

Inorganic salts

366

Asbestos

366

Clay

366

Plastics or polymers

366

Pesticides

36~

Halogenated hydrocarbons

366

Polyaromatic hydrocarbons and biphenyls

366

Phtha1at~esters

366

Paper products

366

Fats, oils and greases

366

102—146

---

—38—

Resins and pigments

366

Aromatic and alicyclic hydrocarbons

31

Aliphatic hydrocarbons

More than

10 carbons

31

10 carbons or

less

1

Not otherwise listed

366

Section 808.Appendix C

Fire Hazard

a)

Flashpoint determination

1)

Non—liquids.

A)

If the flashpoint

is greater than 60 degrees C

(140 degrees F),

then the score is

0.

B)

If

the flashpoint

is less than or

equal to

54

degrees C

(130 degrees

F),

then the degree of

hazard

is assigned according to size

of the

wastestream (paragraph b).

2)

Liquids.

A)

If

the flashpoint

is greater than

93 degrees

C

(200 degrees F),

then the score

is

0.

B)

If the flashpoint

is less than or equal to

93

degrees C

(200 degrees F),

then the degree of

hazard is assigned according to size of the

wastestream (paragraph b).

b)

Size of wastestream

1)

If the waste is generated at a rate less than or

equal to 100 kg/month, then the score

is

2.

2)

If the waste is generated at a rate greater than

100 kg/month,

then the score

is

3.

c)

Flashpoint

is measured as specified

in ASTM D—3828,

incorporated by

reference

in 35

Ill. Adm. Code 720.111.

Section 808.Appendix D

Leaching Agent Potential

a)

pH determination.

1)

If the pH is greater than or equal

to

4 and less

than or

equal to

10,

then the score

is

0.

2)

If the pH

is less than

4 or greater than 10,

the

degree of hazard

is assigned according to size

under paragraph (b).

b)

Size of wastestream

102—147

---

—39—

1)

If the waste

is generated at a rate less than or

equal to 100 kg/month,

then the score is

2.

2)

If the waste

is generated at a rate greater than

100 kg/month,

then the score is

1.

c)

pH measurement.

pH is measured as specified

in Method

5.2

in “Test Methods for Evaluation of Solid Waste”,

incorporated by reference in Section 808.111.

102—148

---

—40—

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE AND SPECIAL WASTE HAULING

PART 809

-SPE?~Ab- WASTE HAULING

SUBPART A:

GENERAL PROVISIONS

-A~her4~y7—Policy and Purposes

Severability

Definitions

-SUBPART B-~ SPE~~A~

WASTE HAU~NGPERM~PS

809.201

809.202

809.203

809.204

809.205

809.206

809.207

809.208

809.209

809.210

809.211

Special Waste Hauling Permits

—

General

(Renumbered)

Applications for Special Waste Hauling Permit

-

Contents

(Renumbered)

Applications for Special Waste Hauling Permit

Signatures and Authorization

(Renumbered)

Applications for Special Waste Hauling Permit

Filing and Final Action by the Agency (Renumbered)

Special Waste Hauling Permit Conditions

(Renumbered)

Special Waste Hauling Permit Revision

(Renumbered)

Transfer of

Special Waste Hauling Permits

(Renumbered)

Special Waste Hauling Permit Revocation

(Renumbered)

Permit No Defense

(Renumbered)

General Exemption from Special Waste Hauling Permit

Requirements -(-Rertt~mbered~(Repealed)

Exemptions for Special Waste Haulers tRt~nthered~

(Repealed)

SUBPART

B:

GENERAL REQUIREMENTS FOR WASTE HAULERS

Section

809.221

809.222

809.223

809.224

809.225

809.226

809.227

See~e~—

809.301

Identification of Vehicles

Litter and Debris Control

Odor Control

Destination

Maintenance

Operating Requirements

Parking

-SUBPART

e~ BEb~VER~ANB A~?EPPAN~E

Requirements for Delivery of Special Waste to

Haulers

(Renumbered)

Section

809.101

809.102

809.103

102—140

---

—41—

809.302

Requirements for Acceptance of Special Waste from

Haulers (Renumbered)

SUBPART C:

REQUIREMENTS FOR SPECIAL WASTE HAULERS

Section

809.320

809.28~32l

809.483322

809.482323

809.324

809.2~33l

809.~9~34l

See~ien—

809.401

809.402

Scope and Applicability

Special Waste Hauling Permits ——6e~ere~—

Vehicle Numbers

Special Waste Symbols

Hauler Use

of Manifests

Exemptions for Special Waste Haulers

—6ener~Pr~vien-Spi1ls

-SUBPART B-

VEH~O~ENUMBERS ANB S~MBOEDS

Vehicle Numbers

(Renumbered)

Special Waste Symbols (Renumbered)

SUBPART

D:

APPLICATION FOR SPECIAL WASTE HAULING PERMIT

Section

809.421

809.202422

809.203423

809.424

Application Forms

Contents of Application-s fer S~eei~a~

Waste Hat~~ng

Perm~

-

—App

eHer~f~rSpee4~We~keHatt~it~gPerm~—

Signatures—and Ahiza~~n-

Date of Filing

SUBPART

E:

MANIFESTS, RECORDS AND REPORTING

Manifests, Records, Access

to Records, et~d

Reporting Requirements and Forms

Unmanifested Waste Report

SUBPART

F:

REVIEW OF PERMIT APPLICATIONS

Section

809.521

809.204522

809.205531

809.G8~532

809.20~~533

Standard for Permit Issuance

—Ae~~

f~rSpee4a~W~&ee~

Perrn~

~

a~d-Final Action—by

the

Aget~ey—

—Spee~a~Waste Hati~~g—PermitConditions

Duration of —Speeia±Waste Ha~er—Permitsand Tank

Numbers

Transfer

of —Spee4e~Waste Ha~g—Permits

-SUBPAR~Fi- BURAT~ONOF P~RM~PSANB TANK NUMBERS

809.601

Duration of Special Waste Hauler Permits

and Tank

Numbers

(Renumbered)

Seet4er~

809.501

809.502

102--iSO

---

—42—

SUBPART G:

MODIFICATION, APPEAL AND ENFORCEMENT

Section

809.286621

809.288622

809.289623

Special Waste Hauling Permit —R~t~—Modification

Special Waste Hauling Permit Revocation

Permit No Defense

SUBPART 6? EMER6ENO~~~NT~N6EN?~ES

PeR SPH~S

Seet~ot~—

809.701

General Provision (Renumbered)

SUBPART H~ EPFE~T~VEBATES

809.801

809.802

Compliance Date (Repealed)

Exceptions

(Renumbered)

SUBPART ~

HAEARBOUS

NFE?T~eUS-)H~SP~TAb

WASTE

Seet±ert—

809.901

809.902

809

.

903

809.904

809.905

809 .906

Definitions

(Repealed)

Disposal Methods (Repealed)

Rendering Innocuous by Sterilization

(Repealed)

Rendering Innocuous by Incineration

(Repealed)

Recordkeeping Requirements for Generators

(Repealed)

Defense to Enforcement Action

(Repealed)

Appendix

A

Old Rule Numbers Referenced (Repealed)

AUTHORITY:

Implementing Section 21(g)

and authorized by Section

27 of the Environmental Protection Act

(Ill. Rev.

Stat. 1987,

ch.

111—1/2, pars.

1021(g)

and 1027).

SOURCE:

Adopted in R76—lO,

33 PCB 131,

at

3

Ill.

Reg.

13,

p.

155, effective March

31,

1979;

emergency amendment in R76—lO,

39

PCB 175,

at

4

Ill.

Reg.

34,

p.

214,

effective August

7,

1980 for

a maximum of 150 days;

emergency amendment in R80—19,

40 PCB 209

at

5

Ill. Reg.

270, effective January

1,

1981 for

a maximum of

150 days;

amended in R80—l9,

41 PCB 455,

517,

at

5 Ill. Reg.

6378,

effective May 31,

1981;

amended R77—l2B,

41 PCB 369,

at

5

Ill. Reg.

6384, effective May 28,

1981;

codified at

7

Ill. Reg.

13640, effective September

30, 1983.;

recodified from Subchapter

h to Subchapter

i

at

8

Ill.

Reg.

13198;

amended

in R85—27

at

Ill. Reg.

,

effective

SUBPART A:

GENERAL PROVISIONS

Section 809.101

—A~th~r~ty7

—Policy and Purposes

—Pursuant to the auther~tyee~ta~ne~

ir~Sections

S-r ~G7 ~3 artd 22

102--is 1

---

—43—

of

the

Env~ronzncnta3:Proteetiori Act7 ~fl3:--

Rev-

Stat-

3:983:~Ch7

3:3:3:—3:~~27parsT

3:0857

3:83:87

3:83:3 and

3:822-)- and consistent

with the

po3:icy and ptirposes expressed

iri Section 28

~

Rev-- Stat~

3:983:7

eh7

3—3:~’2~parT 3:02~thereof7 the Board adopts

the

fo3:3:ow4rtg

Rtt3:es

arid Regu3:ations-

—

These rules prescribe the procedures for issuance of permits to

special waste haulers; for the inspection and numbering of

vehicles; and for proper hauling of special wastes to —approved

d~sposa3:7storage and treatment si~tes—permittedfacilities.

—~t

~s the purpose of these Regu3:ations to contro3:

ort3:y wastes as

defi~rtedhere4n--—

(Source:

Amended at

Ill. Reg.

effective

)

Section 809.102

Severability

If any provision of —these

rtt3:es or regt~3:at~ons—thisPart

is

adjudged invalid, or

if —the-its application —thereof -to any

person or

in any circumstance is adjudged invalid,

such

invalidity shall not affect the validity of this Part as

a whole

or of any Subpart, Section,

-S—subsection, -S-sentence or

—e—

clause —thereof —not adjudged invalid.

(Source:

Amended at

Ill.

Reg.

effective

Section 809.103

Definitions

Unless the contrary is indicated,

terms have the same meaning as

in

35

Ill. Mm. Code 810.

The following terms are specifically

defined for use

in this Part:

“Act” means

the —fl34no~s—Environmental Protection Act

(Ill.

Rev.

Stat.

—1981—1987,

ch.

111—1/2, pars.

1001,

et sea.).

“Agency” means the Illinois Environmental Protection Agency.

“Board” means the Illinois Pollution Control Board.

.iLB~sposa~Umeans the dtscharge7 depos~t7t-n~eetteri7

dtimpirng7

sptlltngy ~eaki~n~7or p1ae~ngof any waste or

speeial waste 4nto or on any ‘and or water so that sueh waste

or speeial waste or

any eonst~ttientthereof may enter the

environment or be em~ttedinto the air

or d~seharged~to

any

watersy ~ne d~ng~ro~nd

watersT f-See ~Waste~7 1~Spee~al

Weste~T

11earbage~means the waste res~t~ngfrom the hand1~n~7

proeesstn~~preparatton-r eook~n~7end eensumpt4on of f~rod7

and wastes from th~hand1~ng7proeess~ng7storage an~sale of

produce fsee ‘~Waste~--

102—152

---

—44—

~Ha~ardeus Wasteu means a waste7 or comblnatien of wastes7

wh4ch because of ~uantttyy ceneentrattony or phys±ealy

ehem±eal7 or irifeet4ous charaeter~st~ies

may cause or

s~gnifieantlyeontr4bute to an inerease in mortaHty or an

~nerease 4ri ser~eus7 irrevers4bley or 4neapae4tating

revers4bley illriessi

or pose a substantial present or

peterit4a3: threat to human health or

to the env4ronment when

4mproper3:y treated7 stored7 transported or d~spesedof

y

or

otherw4se managedy and whieh has been ~dent4fiedy by

eharaeter4stic, or l~st~ngyas hazardous pursuant to Seet4en

3981 of Resource ?onservat~enand Recovery Act of 19~6y42

UTSTeT 6983: et

5C~T

or pursuant to Agency guidel4nes

eons~sterttw4th the re~u±rementsof the Act and Board

regu1ati~ortsT

—~~ndustr~a1

Process Wasteli means any liguidy solldy semI—

solId or gaseous wastey generated as a dIrect or IndIrect

result of the manufacture of a product or the performance of

a servIce7 whIch poses a present or potentIal threat to human

health or to the envIronment or wIth Inherent propertIes

whIch make the dIsposal of such waste In a landfIll dIffIcult

to manage by normal meansT

~3:ndustrIe1Process Wastei

Includes but Is not lImIted to spent pIcklIng Ilguersy

cuttIng ~Ilsy chemIcal eatalystsy dIstIllatIon bottomsy

etchIng aeldsy e~uIpmeriteleanlngay paInt sludgesy

IncInerator ashes7 core sands7 metallIc dust sweeplngsy

asbestos dusty hospItal pathologIcal wastes and off—

specIfIcatIon7 contamInated or recalled wholesale or retell

productsT

SpecIfIcally excluded are uncontamInated packagIng

materlalsy uncontamInated machInery cempenerttsy general

household wastey landscape waste and constructIon or

demolItIon debrlsT-

“Manifest” means the form —provIded or prescrIbed by the

Agency and used for IdentIfyIng

nawtey ~uantItyy end the

orlglny routlngy and destInatIon of specIal waste durIng It,

transportatIon from the poInt of generatIon to the poInt

of

dlsposaly

treatmenty or storage-i as regulred by thIs Party

35 ill-

AdffiT

eode-?

SubtItle

H-p- or by the Resource

eonservatlen and Recovery Act of ±9~6742 UTST?7

6903: et

5C~y

or regulatIons thereunderT—described

in

35 Ill.

Adm.

Code 811.403.

“Permitted Facility” means a facility for which the Agency

has issued

a RCRA permit pursuant

to Section 21(f)

of the Act

or

35 Ill. Adm. Code

703,

or

a permit pursuant to Section

21(d) of the Act.

_upermltted Blsposal SIte~means

a sanItary landfIll or ether

type of dIsposal sIte IncludIng but net lImIted to a deep

welly a pIty a pondy

a lagoon or an Impoundment whIch has a

currenty valId operatIng permIt Issued by the agency under

Subpart

B of thIs Part

arid a supplemental permIt Issued by

the Agency under Subpart B of thIs Part specIfIcally

102—153

---

—45--

permIttIng the sIte

to accept a specIal waste tendered for

dlsposa

IT

—

_lipermltted Storage SIte’~means any sIte used for the InterIm

contaInment of specIal waste prIer to dIsposal or treatment

whIch has a current7 valId operatIng permIt Issued by the

Agency under Subpart B of thIs Part and a supplemental permIt

Issued by the Agency under Subpart B of thIs Party

specIfIcally permIttIng the sIte to accept

a special waste

tendered for storageT-

ipermltted Treatment Sltei means any sIte used to change the

phyalcaly chemIcal or bIologIcal character or composItIon of

any specIal wastey IncludIng but not lImIted to a proeesslng

center7

a reclamatIon facIlIty or a recyclIng center whIch

has a currenty

valId operatIng permIt Issued by the Agency

under Subpart

B of thIs Pert end

a supplemental permIt Issued

by the Agency under Subpart

B of thIs Part7 specifIcally

permIttIng the site to accept

a specIal waste tendered for

treetmentT—

“Person” means any individual,

partnership, co—partnership,

firm,

company, corporation, association,

joint stock

company, trust,

estate, political subdivision,

state agency,

or any other

legal entity or their legal representative,

agent or assignee.

ipollutlon eontrol Wastei means any liquidy solldy semi-

solId or gaseous waste generated as a dIrect or IndIrect

result of the removal of contamInants from the airy water or

landy and whIch pose a present or potential threat to human

health or

to the envIronment or wIth Inherent properties

whIch make the ~Isposal of such waste In a landfill difficult

to manage

by normal mearisT

~1Pelut4en eontr~lWa~teu

includes but Is net limited to water end wastewater treatment

plant sludgesy baghouse dustsy scrubber sludges and che~Ieal

spIll cleantngs7—

_lLReelamatIonli means

the recovery of material or

energy

from

waste for commercIal or Industrial useT—

ILRefu,eli means any garbage

or ether

discarded meberIels7 with

the exception of radioactive materials dIscarded In

accordance with the prevIsions of the ~+l--RevT StatTy 1981y

8h-~-3:1l—1~~2yparT 211—229 end 23O~~l~23OTl4

as now

or

hereafter amended

f-see

1~Waste’t-)”~

“Septic Tank Pumpings” means the liquid portions and sl’~dge

residues removed from septic

tanks.

ugitelt means

arty

locatleny place or tract

of lend and

facIlIties used for eolleetieny storagey disposal or

treatment

of specIal~

we~teT

102—154

---

—46—

“Solid Waste” —face uWaste~Tisas defined in

35

Ill.

Adm.

Code 810.

“Special Waste” —means any ~ha2ardous wasteyu ~IndustrIal

process wasteu or ~pollutIon control wasteT~—isas defined

in

35 Ill.

Mm.

Code 808.110.

Special waste may be either

“class A”

or

“class B” pursuant

to

35 Ill. Adm. Code 808.245.

“Special Waste Hauler” means any person who transports

special waste from any location.

“Spill” means any accidental discharge of special waste.

USterageU means

the Interim contaInment of special waste

prier to dIsposal or treatmentT—

“Tank” means any bulk container placed on or carried by a

vehicle to transport special waste,

including wheel mounted

tanks.

.liTreatmentu means any methody technIque or process IncludIng

neutra3:I~atIondesigned to change the physicaly chemIcal or

bIologIcal character or composItIon of any specIal waste

so

as to neutralIze that waste or so as to render that waste

nenhazardous7 safer for transporty amenable for recoveryy

amenable for storage or reduced

In velumeT

upreetmentu

Includes any actIvIty or processIng desIgned to change the

~hysIcal form or chemIcal composItIon of specIal waste to

render It less dangerous or nonhazardoua7

uTreatmerit~~also

Includes reclamatIen~re—use and recyclIng of specIal wasteT—

“Truck” means any unitary vehicle used to transport spec~al

waste.

“Truck Tractor” means any motor vehicle used to transport

special waste which

is designed and used for drawing other

vehicles and not so constructed as to carry a load other than

a part of the weight of

the vehicle and load so drawn.

“Vehicle” means any device used to transport special waste

in

bulk or

in packages,

tanks or other containers.

“Waste” means any garbagey refusey sludge

from

a

waste

treatment plenty water supply treatment p±ant7or air

pellution control facIlity or ether dIscarded materiely

IncludIng solidy lI~uIdy seml-solldy

or contained gaseous

materiel resultIng from iridustrlaly cemmerela±ymining and

agricultural operatlorisy and

from community actlvltlesT

itWesteiL

as here defIned does not Include solId

or dissolved

material In domestIc sewagey or solid

or

dIssolved materIal

In irrIgatIon return flow~yor

In IndustrIal dIscharges

whIch are poInt sources subject to permIts under Section 482

of the Federal Water Pollution eontrol Acty 33 BTSTOT

1253: et

segT~-or sourcey specIal nueleary or byproduct material as

102—155

---

—47—

defined by the Atomic Energy Act of

3:954y 42 UTSTeT

2813: et

seqT-- or radioactive materials discarded in accordance with

the provisions of ~3:linoisRevised Statutes7 198ly ehapter

lll—l/2y

par-i-

239T1

et see~Tapproved August 16y 19G3y as new

or hereafter ameridedy

arid as authorized by regulatIons

promulgated pursuant to the ~Radiation Protection Aety~’lIlT

ReYT StatTy l99ly

ehT

11l—3:7~27 parT 211 et se~ as new or

hereafter amendedT

‘~Waste~’as here defined is intended to be

consistent with the definition of “solid waste” set forth in

Section l084f2~)-of Resource Conservation and Recovery Act of

l9~6y42

UTSTeT

6981 et 5e~T—”SOlidwaste” as defined in

35

Ill. Adm. Code 810.

(Source:

Amended at

Ill. Reg.

effective

)

-SUBPART Br

SPEelA~,WASTE

HAUE,ING PERMITS-

Section 809.201

Special Waste Hauling Permits

—

General

(Renumbered)

(Source:

Section 809.201 renumbered to Section 809.321 at

Ill.

Reg.

,

effective

)

Section 809.202

Applications for Special Waste Hauling Permit

—

Contents

(Renumbered)

(Source:

Section 809.202 renumbered to Section 809.422

at

Ill. Reg.

,

effective

)

Section 809.203

Applications for Special Waste Hauling

Permit Signatures and Authorization

(Renumbered)

(Source:

Section 809.203

renumbered to Section 809.423

at

Ill. Reg.

,

effective

Section 809.204

Applications

for Special Waste Hauling Permit

Filing and Final Action by the

Agency

(Renumbered)

(Source:

Section 809.204 renumbered to Section 809.522

at

Ill.

Reg.

,

effective

)

Section 809.205

Special Waste Hauling Permit Conditions

(Renumbered)

(Source:

Section 809.205

renumbered to Section 809.531 at

Ill. Reg.

,

effe~tive

Section 809.206

Special Waste Hauling Permit Revision

(Renumbered)

(Source:

Section 809.206 renumbered to Section 809.621 at

Ill. Reg.

,

effective

102—156

---

—48—

Section 809.221

Identification of Vehicles

All vehicles which haul waste must be clearly marked with the

name of the operator and the operator’s telephone number.

~J

The letters must be clearly visible from

a distance of

25

feet.

~j

The color of the letters must contrast with the

background.

~jj

Vehicles must be marked on both the left and right side.

(Source:

Added at

Ill. Reg.

effective

)

Section 809.222

Litter and Debris Control

~j

All vehicles which haul waste must be equipped with

covers to prevent waste from falling or blowing off the

vehicle.

~j

Covers must be used whenever wastes are hauled.

Section 809.207

Transfer of Special Waste Hauling Permits

(Renumbered)

(Source:

Section 809.207 renumbered to Section 809.533 at

Ill.

Reg.

,

effective

Section 809.208

Special Waste Hauling Permit Revocation

(Renumbered)

(Source:

Section 809.208

renumbered

to Section 809.622

at

Ill. Reg.

,

effective

)

Section 809.209

Permit No Defense

(Renumbered)

(Source:

Section 809.209 renumbered to Section 809.623 at

Ill. Reg.

,

effective

)

Section 809.210

General Exemption from Special Waste Hauling

Permit Requirements

(Repealed)

(Source:

Repealed at

Ill. Reg.

effective

)

Section 809.211

Exemptions for Special Waste Haulers

(Repealed)

(Source:

Repealed

Ill. Reg.

effective

)

SUBPART B:

GENERAL REQUIREMENTS FOR WASTE HAULERS

102—157

---

—49—

(Source:

Added at

Ill. Reg.

effective

)

Section 809.223

Odor Control

Putrescible wastes must not be stored

in

a vehicle more than 24

hours unless the wastes are treated or stored

in such a way as

to

prevent

a malodorous odor.

(Source:

Added at

Ill. Reg.

effective

)

Section 809.224

Destination

Haulers of waste shall transport waste only to permitted

facilities permitted or authorized to accept the waste materials.

(Source:

Added at

Ill. Reg.

effective

)

Section 809.225

Maintenance

~j

All trucks,

tanks and other vehicles used to transport

waste must be kept clean.

fl

Mud, waste and other debris must be cleaned off the

vehicles prior

to leaving

a permitted facility.

fl

Washings must

be disposed of

to

a sewer,

to a

wastewater treatment plant or

to a treatment or

disposal

unit.

~J

All vehicles and tanks used

in special waste hauling

must

be clean and

in good repair when used

to haul

special waste.

~j

All vehicles,

tanks and associated piping and valvinq,

must be constructed and maintained

to prevent leakage

or

spillage.

(Source:

Added at

Ill.

Req.

effective

)

Section 809.226

Operating Requirements

~J

No person shall mix waste

in

a tank or vehicle

if such

mixture results

in

a hazardous combination likely to

cause explosion,

fire or release of

a dancerous

or toxic

gas.

~J

The special waste hauling equipment and procedures to be

used must be proper

for the permitted service,

and be

safe

for the haulers,

handlers and others.

102—15~

---

—50—

(Source:

Added at

Ill. Reg.

effective

Section 809.227

Parking

Vehicles containing wastes shall not be parked overnight

in an

area zoned for residential

use.

(Source:

Added at

Ill.

Reg.

effective

-SUBPART Cr

BEbIVER~ANB AeCEPTANCE-

Section 809.301

Requirements for Delivery of Special Waste to

Haulers

(Repealed)

(Source:

Repealed at

Ill. Req.

effective

Section 809.302

Requirements for Acceptance of Special Waste

from Haulers

(Repealed)

(Source:

Repealed at

Ill.

Reg.

effective

SUBPART

C:

REQUIREMENTS FOR SPECIAL WASTE HAULERS

Section 809.320

Scope and Applicability

Haulers of special waste are required to obtain permits and

to

comply with certain additional requirements.

(Source:

Added at

Ill. Req.

effective

Section 809.—281---32l

Special Waste Hauling Permits-

—

General—

No person shall haul or otherwise transport any special waste

generated within Illinois

or any special waste

to be —dIsposed

ofy stored or treated-delivered within Illinois without a

—currenty valId— special waste hauling permit —Issued by

the

Agency

in accordance with the re~u4rementsof this Subpart

—unless the hauler

is exempt from the special waste hauling

permit requirements under

this Subpart.

(Source:

Section 809.321 renumbered from Section 809.201 and

amended at

Ill. Req.

,

effective

Section 809.-483:—322

Vehicle Numbers

~j

—Upon Issuance of a special waste haulIng permIt7 the-

owner and operator

—of

any vehIcle used to transport

special waste except truck tractors

as defined in

Subpart A —with

a special waste hauling permit shall

102—15~

---

—51—

display —a number Issued by the Agency on opposite sides

of the permitted-on the left and right side of any

vehicle used to transport special waste:

fl

The following the words,

“Licensed Special Waste

Hauler:

—friumbert

“—,“

followed by a number

issued

by the Agency.

Numbers and letters —shall-must not

be less than two inches high and -shall-must

be

removable only by destruction.

j)

Directly adjacent to —saId—the words and number,

-the vehicle owner and operator shall display —a

seal furnished by the Agency which

shall designate

the date on which

the permit was issued

~J

This Section does not apply to truck tractors.

(Source:

Section 809.322 renumbered from Section 809.401 and

amended at

Ill. Req.

,

effective

)

Section 809.—402—323

Special Waste Symbols

—All vehicles used to transport special waste and packages used

to contain special waste shall be labeledy marked and placarded

In accordance with regulatIons adopted by the

Illlneis

Bepartmertt

of Transportation or the UnIted States Bepertmertt of

Transportation or the United States Environmental Protection

Agencyy whichever has jurisdictlonT

ThIs rule is provided for

Informational purposes onlyy

arid does not constitute an

Independently enforceable regulation with respect to labelingy

marking and

placardlng reqttirementsT—49 CFR 171

et

seq. and

92

Ill. Adm. Code 171 et

seq.

require labeling, marking and

placarding of some special wastes.

Failure to comply with these

rules,

as determined

by the United States Department of

Transportation,

the Illinois Department of Transportation or

a

court

of competent jurisdiction,

is grounds

for revocation

of

a

special waste hauling permit

in an enforcement action before

the

Board.

(Source:

Section

809.323 renumbered from Section 809.402

and

amended at

Ill. Req.

,

effective

Section 809.324

Hauler Use of Manifests

~J

The hauler shall sign the manifest at the time the waste

is delivered to the hauler.

b)

The special ~iaste hauler shall deliver the aDprcoria~e

copies

of the completed,

signed manifest

to the

p~r~’~n

who accepts delivery of special waste from

the

haui~.

pursuant

to Section 809.501.

102—160

---

—52—

~J

The special waste hauler

shall retain one copy of the

completed,

signed manifest as

a record of delivery to

receiving the facility.

~J

Every special waste hauler shall retain a copy of each

special waste manifest for three years and shall make

such copies available at reasonable

times for inspection

and photocopying by the Agency.

(Source:

Added at

Ill. Reg.

effective

)

Section 809.—2ll—331

Exemptions for Special Waste Haulers

The following persons need not obtain a special waste hauling

permit or carry a manifest

if they haul only the waste indicated:

a)

Any person licensed in accordance with the Private

Sewage Disposal Licensing Act,

Ill. Rev.

Stat.,

—

198ly

?hT—l987,

ch.

111—1/2, par.

116.301 et seq., and who

hauls only septic tank pumpings—y need not obtain a

special waste hauling permit or carry

arid complete a

manifest under thIs Part—.

b)

Any person who hauls only livestock waste intended for

land application pursuant

to -Agency Guideline WP?—2

need not obtaIn a special waste hauling permit or carry

and complete a manifest under this Part—35 Ill.

Adm.

Code 560.

c)

-Generators and h-Haulers of municipal water

or

wastewater treatment plant sludge which is to be applied

to land and which

is —to be —regulated under -35 lIlT

Adm~Coder

Subtitle C pursuant to —a sludge management

scheme approved by the Agency pursuant

to

35

Ill. Adm.

Code 309.208—need not obtaIn a special waste hauling

permit or preparey carry and complete a manifest under

this Pert

for

that sludge—.

d)

Any person licensed

in accordance with “An Act

in

relation to the Disposal of Dead Animals,” Ill.

Rev.

Stat.,

—1981y EhT—1987,

ch.

8, par.

149.1

et seq., and

who hauls only grease, meat packing scraps, dead animals

and parts of animals for delivery to a renderer—y

need

not obtain a special waste haulIng permit or carry and

complete a manifest under this Part—.

e)

Any person operating under

rules and

regulations adopted

pursuant

to

“An Act

in relation to Oil, Gas,

Coal and

Other Surface and Underground Resources,”

Ill.

Rev.

Stat.,

—1981y ?hT—1987,

ch.

96—1/2,

par.

5401 et seq.,

and who hauls only oil and gas extraction wastes as

defined —therein need not obtain a special waste hauling

102—. 161

---

—53—

permit or carry and complete a manifest under this Part—

in that Act.

f)

Any person who hauls only radioactive wastes as defined

by the Radiation Protection Act,

Ill. Rev,

Stat.,

—l98ly

ehT—l987,

ch. 111—1/2, par.

211 et seq.—7 need

not obtain a special waste hauling permit or carry and

complete a manifest under this PartT—

g)

Any person holding a permit or certificate issued by the

Illinois Commerce Commission or the Interstate Commerce

Commission and who handles only shipments pursuant

to

a

bill of lading

in accordance with such Commission’s

regulations- need

riot obtain a special waste

heuling

permit or carry and complete a manifest under this Pert-

h)

Any person who hauls only coal combustion fly ash-

need

net obtain a special waste hauling permit or carry and

complete a manifest under this Part—.

~j

Any person who hauls only declassified waste or

refuse.

fl

Any person who hauls only special waste exempted by 35

Ill. Adm. Code 808.123

(small quantity generators).

(Source:

Section 809.331 renumbered from Section 809.211 and

amended at

Ill. Req.

,

effective

Section 809.—~81-34.l

-General Provision—Spills

In order

to facilitate the clean—up, transportation or safe

treatment,

storage

or disposal of any waste generated by

a an

accidental release of any material or special

waste within

Illinois

which

constitutes

a present

or potential

threat

to

health or

to the environment,

the Agency may give written

exception from the procedural requirements of this Part and

35

Ill. Mm. Code -88~in accordance with guidelines adopted by

the

Agency which are consistent with Section 3883 of the Resource

Conservation arid Recovery Act of l9~6fPTbT 94—58e~and the Act

end Beard regulatieris—8l3.

The existence of

a written exception

from this Agency under

this Subpart shall

not constitute

a

defense

to a violation

of the Act or of this Part except

for

those requirements specifically stated

in the written exception.

(Source:

Section 809.341 renumbered from Section 809.701 and

amended at

Ill.

Re9.

,

effective

—SUBPAR~B~

vEHle~E

NUMBERS ANB S~MBO1S—

Section 809.401

Vehicle.Numbers

(Renumbered)

(Source:

Section 809.401 renumbered to Section 809.322 at

Ill. Req.

,

effective

102—162

---

—54—

Section 809.402

Special Waste Symbols

(Renumbered)

(Source:

Section 809.402 renumbered to Section 809.323 at

Ill.

Reg.

,

effective

)

SUBPART D:

APPLICATION FOR A SPECIAL WASTE HAULING PERMIT

Section 809.421

Application Forms

Application for a special waste hauling permit must be made on

forms provided or promulgated by the Agency.

(Source:

Added at

Ill.

Req.

effective

)

Section 809.—282—422

Contents of Application—Applications for

Special Waste Hauling Permit

—

eontents-

Applications for special waste hauling permits shall —be made on

application forms prescribed by the Agency whIch as a minimum

shall reguire —contain the following information:

a)

Name, address,

telephone number and location of the

vehicle owner and operator— applying for the permit—.

b)

A description of the service to be provided,

including

the number and types of vehicles and tanks

to be used.

c)

-An agreement—A statement by the vehicle owner and —that

—operator -identified in Subsection 889T282fet thatr-

that they will operate

in compliance with the

requirements of

the Act and this Part.

It

Special waste leading7 hauling and unloading will

be conducted in compliance with all applicable

state and federal laws and regulationsT

2t

All vehicles and tanks used In special waste

hauling will be clean and in good repair at

all

times when so emp±oyedT

3t

All vehlelesy tanks and associated piping-r valvingy

etcTy will be constructed

arid maintained to prevent

leakage or splllagey end

shall be eleanableT

4t

No

waste shall

be mixed with other wastes in one

tank or on one vehicle if such mixture results in a

hazardous combination likely to cause explesieny

fire or release of

a dangerous or toxic gas or in

violation of any applicable state or federal law

and regulatienT

Sf

The special waste hauling eguipment and procedures

to be used shall be proper for the permitted

102—163

---

—55—

servicey be safe for the haulersy

handlersy arid

othersy

arid

meet the requirements of all other

applicable state and federal laws and regulatioris~r-~

d)

—The application may require additional information

deemed necessary by the Agency consistent with the

requirements of the Act and Board regulations and

filed

with the Administrative eode Unit of the Office of

the

Secretary of State pursuant to “Illinois Administrati~’e

Procedure Aety” fIlIT

RevT

StatTy

l983:y

ChT l2~yparT

1883: et seqTf—Additional information which the Agency

determines

is necessary for

it to act on a permit

application.

The Agency may request additional

information

in the following ways:

fl

By adopting rules which are consistent with the Act

and this Part;

or,

fl,

By addressing

a specific request for additional

information to the permit applicant.

(Source:

Section 809.422 renumbered from Section 809.202 and

amended at

Ill. Req.

,

effective

)

Section 809.—283—423

—Applications for Special Waste Hauling

Permit —Signatures— arid Authorization—

—All special waste hauling permit applications shall be signed by

the owner and operator of the vehicle~-ory in the name of the

owner and eperatory by the ewner~sand operator-’-s duly authorized

agent when accompanied by evidence

of

authority to sign the

applicationT—Special waste hauling permit applications must be

signed:

a)

By the owner and operator

of the vehicle;

or,

b)

By an agent, when accompanied by proof

of authority to

sign the application.

(Source:

Section 809.423 renumbered from Section 809.203

and

amended at

Ill. Req.

,

effective

Section 809.424

Date of Filing

An application

is deemed filed on the date the Agency receives a

complete application on the form prescribed.

(Source:

Added at

Ill.

Req.

effective

SUBPART

E:

MANIFESTS,

RECORDS AND REPORTING

11)2—164

---

—56—

Section 809.501

Manifest-sy Records7 Access to Records and

Reporting Requirements and-Forms

a)

Any person who delivers special waste

to a permitted

special waste hauler shall complete a manifest to

accompany the special waste from delivery to the

destination of the special wasteT

The manifest which

shall be provided or prescribed by the Agency shally

as

a minimumy contain the name of the generator of the

special waste’7 when and where generated-p

name of the

person from whom delivery

is accepted and the name of

the site from whieh deliveredi- the name of

the

special

waste hauleri- the date of delIveryi-

the final disposely

storage or treatment sitei~arid the name

y

classification

and quantity ~f

the

special waste delivered to the

haulerT—

The Agency may provide or prescribe a

different form of manifest for Class A special wastes

than for Class

B special wastes.

b)

The manifest shall be signed by the person who delivers

special waste to a special waste hauler,

such signature

acknowledging such delivery.

The manifest shall also be

signed by the special waste hauler,

such signature

acknowledging receipt of the special waste.

The person

who delivers Class A special waste

to a special waste

hauler shall send one copy of the manifest signed by the

deliverer and the special waste hauler to the Agency

within two working days and shall retain one copy as a

record.

The person who delivers Class

B special waste

to

a special waste hauler

shall retain one copy of the

manifest signed

by the deliverer

and the special waste

hauler;

no copy need be provided

to the

Agency.

The

remaining four copies of the manifest shall accompany

the special waste shipment.

At the destination,

the

manifest shall be signed by the person who accepts

special waste from

a special waste hauler,

such

signature acknowledging acceptance of the special waste.

c)

A permitted site which receives special waste

for

disposal,

storage or treatment

of special waste must be

designated on the manifest as the final destination

point.

Any subsequent delivery of

the special waste or

any portion or product thereof to a special waste hauler

shall be conducted under

a manifest initiated by the

permitted disposal, storage or treatment site.

d)

In all cases,

the special waste hauler shall deliver

the

remaining three copies of the complete, signed manifest

to the person

who accepts delivery of special waste

from

the hauler,except that the special waste hauler shall

retain one copy of

the completed,

signed manifest as

a

record of delivery

to

a permitted disposal, storage or

treatment site.

In addition,

at the end of each month,

or such longer period of time approved by the Agency,

102—165

---

—57—

the owner and the operator of the permitted disposal,

storage or treatment site who accepts class A special

waste from a special waste hauler

shall submit a copy of

each completed, signed manifest received during that

period to the Agency,

and shall send one copy of the

completed manifest to the person who delivered the

special waste to the special waste hauler. The owner or

operator of any permitted disposal, storage or treatment

site who accepts class B special waste from a special

waste hauler shall send one copy of the completed

manifest

to the person who delivered the special waste

to the special waste hauler at an interval,

not

to

exceed 90 days, mutually agreed upon by the parties;

no

copy need be provided

to the Agency.

e)-

Every person who delivers special waste to a

special

waste hatilery every person who accepts special waste

from

a special waste hauler and every special waste

hauler shall retain a copy of the special waste manifest

as a record of all special waste transaetionsT

These

copies shall be retained for three years and shell be

made available at reasonable times for inspectIon and

photocopying by the AgeneyT—

Section 809.502

Unmanifested Waste Report

a)

A facility which receives a quantity of waste without a

manifest shall file an unmanifested waste report.

b)

The unmanifested waste

report must be made on forms

provided by the Agency,

if such are available.

c)

An unmanifested waste

report must include the following

information:

1)

The

name of the waste hauler;

2)

A description of the vehicle;

3)

The license number of the vehicle;

4)

The name and address of the waste generator as

reported by the waste hauler;

5)

The name or description of the waste given by the

hauler;

6)

The approximate quantity of waste;

7)

If the facility owner

or operator believes that the

waste is

a special waste,

the type of special

waste, aS defined in 35

Ill.

Adm. Code 808,

together with’ a description of the facts which the

102—166

---

—58—

owner or operator relied on in determining the

type.

8)

The disposition of the waste.

d)

The facility may accept unmanifested special waste of a

type which the facility

is authorized to accept,

provided the owner or operator files an unmanifested

waste report within 10 days after such receipt.

e)

This Section does not authorize a facility

to receive

hazardous waste.

SUBPART

F:

REVIEW OF PERMIT APPLICATIONS

Section 809.521

Standard for Permit

Issuance

The Agency shall

issue a special waste hauling permit if the

owner and operator demonstrate that they will haul special waste

in compliance with the requirements of the Act and this Part.

(Source:

Added at

Ill. Req.

effective

)

Section 809.—284—522

-Applications for Special Waste

Hauling Permit FilIng arid —Final Action- by the Agency—

a)

—An application for special waste hauling permit shall

be deemed to be filed on the date of initial receipt by

the Agency of a properly completed application on the

form prescribedT—Final action includes granting or

denying the special waste hauling permit as requested,

or granting the special waste hauling permit witn

conditions.

b)

If the Agency fails to take final action —fwhieh

includes granting or denying the special waste hauling

permit as requestedy

or by granting the special waste

hauling permit with eonditiensf -within 90 days from the

filing of the completed application, the applicant may

deem the special waste hauling permit granted for

a

period of one calendar year commencing on the

91st day

after the application was filed.

c)

The Agency shall send all notices of

final action by

U.S. Registered or Certified Mail, Return Receipt

Requested.

The Agency shall be deemed to have taken

final action on the date that the notice of final action

is mailed.

d)

The Agency shall require the application to be complete

and consistent with the provisions of the Act and Board

regulations and may undertake such investigations and

request the applicant to furnish such proof

as

it deems

102—167

---

—59—

necessary to verify the information and statements made

in the application. If the application is complete and

the granting thereof will not cause a violation of the

Act or

Board regulatiensy the Agency shall grant the

permit

(Source:

Section 809.522 renumbered from Section 809.204 and

amended at

Ill.

Req.

,

effective

)

Section 809.—285—53l

—Special Waste Hauling —Permit

Conditions

a)

In granting

a special waste hauling permit—s hereunder—,

the Agency —may -shall impose such conditioné as -may

be—it determines are necessary to accomplish the

purposes of the Act and the Board regulations.

b)

The applicant may deem any conditions —imposed by the

Agency —as a denial

of the —special waste hauling

—permit for purposes of review pursuant

to Section

40 of

the Act.

(Source:

Section 809.531 renumbered from Section 809.205 and

amended at

Ill.

Req.

,

effective

)

Section 809.-68l—532

Duration of —Special Waste

Hauler —Permits and Tank Numbers

a)

—All p—Permits and tank numbers issued —hereunder -shall

be issued for

a period not to exceed one year and are

renewable.

b)

Applications for renewal —of

a special waste hauler

permit —shall be

made

90 days prior

to the expiration

date of the permit— on the application farms prescribed

in Section 88972ø~—.

(Source:

Section 809.532 renumbered from Section 809.601 and

amended at

Ill. Req.

,

effective

Section 809.—2O~—533

Transfer of -Special Waste

Hauling —Permits

No special waste hauling permit

is transferable from one person

to another.

A special waste hauling permit

is personal

to the

persons named

in the special waste hauling permit.

(Source:

Section 809:533 renumbered from Section 809.207 and

amended at

Ill. Reg.

,

effective

-SUBPART Pr

BURATION OP PERMITS ANB TANE~NUMBERS-

Section 809.601

Duration of Special Waste Hauler Permits and

Tank Numbers (Renumbered)

102—168

---

—60—

(Source:

Section 809.601

renumbered to Section 809.532 at

Ill. Req.

,

effective

)

SUBPART

G:

MODIFICATION, APPEAL AND ENFORCEMENT

Section 809.—286—621

Special Waste Hauling Permit

Revision

—Modification

~j

The permittee may request modification of the special

waste hauling permit at any time by filing

a new permit

application.

~

The Agency may modify aA special waste hauling permit

—issued hereunder Is automatically modified —to include

any relevant change

in the Act or Board regulations.

—The Agency shall revise any special waste hauling

permit issued by the Agency under this Part to make the

permit compatible with any such relevant changes and so

notify the permitteeT

—Failure of the Agency

to issue a

—revised—modified permit shall not excuse the permittee

from compliance with any such change.

(Source:

Section 809.621 renumbered from Section 809.206 and

amended at

Ill. Reg.

,

effective

)

Section 809.—288—622

Special Waste Hauling Permit Revocation

Violation of any special waste hauling permit conditions or

failure to comply with any provisions of the Act

or with any

Board regulation shall be grounds for sanctions as provided

in

Section

33(b) of the Act, including revocation of the permit— as

therein provided—.

(Source:

Section 809.622 renumbered from Section 809.208 and

amended at

Ill.

Req.

,

effective

Section 809.—289—623

Permit No Defense

The existence of a special waste hauling permit —under these

rules shall net provide the permittee with—is not

a defense

to

a

violation of

the Act or Board regulations, except for hauling

special waste without a special waste hauling permit.

(Source:

Section 809.623 renumbered from Section 809.209 and

amended at

Ill. Req.

,

effective

-SUBPART Gr EMERGENC~fCONTINGENCIES FOR SPThbS-

Section 809.701

General Provision (Renumbered)

(Source:

Section 809.701 renumbered to Section 809.341 at

Ill. Req.

,

effective

)

102—169

---

—61—

SUBPART Hr EFFECTIVE BATES—

Section 809.801

Compliance Date

(Repealed)

—Except as otherwise provided in this Subparty any person subject

to the provisions of

this

Part shall comply with such provisions

on and after the effective date of this PartT—

(Source:

Repealed at

Ill. Reg.

effective

)

Section 809.802

Exceptions

(Repealed)

—Every person subject to the provisions of Sections

BG9~-28ly

8$9T38l7

BO9T3G~y

SO9T48l7

889T482

and 8ø9TSOl shall comply with

such rules

3:20 days after the effective date of this PartT—

(Source:

Repealed at

Ill. Reg.

effective

)

SUBPART Ir

HA~ARBOUSfINFECTIOUSt HOSPITAb WASTE-

Section 809.901

Definitions

(Repealed)

—Per the purposes of this Subpart enlyr

“Hazardous finfeetieusf Hospital Waste” means waste which has

been generated by a hospital in connection with patient care

that is contaminated with or may be contaminated with an

infectious agent that has the potential of inducing an

infection and which has not been rendered Innocuous by

sterilization or incinerationT

More specIfically7

11Hazardeus

finfectious-)- Hospital Waste11 mean~

medical and patient care items contaminated byr

and

human excrete produced byy persons who have been placed

In strict or enterie isolation for the control and

treatment

of

an infectious disease by the hospitai-’-s

Infection Control Committee pursuant to the infection

control policies and procedures

required of

it by

Section

B of Part I1~of the Rules of the Illinois

Bepartment of Public Healthy

5

13:17 RegT S53 et

seqT

fl9Blfy as from time to time amendedy and

medical and patient care items that are contaminated by

or have been in contact withy either the wound or skin

of patients who have been placed in wound or skin

isolatIon or strict iselationy or the mucous or other

respiratory fluids of patients who have been placed In

respiratory isolation or strict Isolation by the

hospital~sInfection Control Committee pursuant to the

infection control policies and procedures required of it

by Section B of Part I~of the Rules of the Illinois

11)2—171)

---

—62—

Bepartment of Public Health7

5

13:17 RegT 553 at

fl9Olty as from time to time amendedy and

medical and patient care items contaminated during

surgery when the case is infectious-y and tissues fhuman

or

animal-)-7 pathological waste7 and

items that are

contaminated by an infectious agenty and

bacteriological cultures and blood or other excrete that

are products from bacteriological testingy and

any other waste whichy because of Its infectious

naturey

is ordered to receive special handling and

disposal by the hospital~sInfection Control Committee

pursuant to the infection control policies end

procedures required of

it by Section B “Infectious

Control” of Part IM

of the

Rules

of the Illinois

Bepartment of Public Healthy

5

1117

RegT 553 ct

fl9Blfy as from time to time amendedT

“Hospital” means any Instltutiony plaee-r buildingy or

agencyy

public or privatey whether organized for profit or

nety

devoted primarily to the maintenance and operation of

facilities for the diagnosis and treatment or care of two

or

mere unrelated persons admitted for overnight stay or

longer in order to obtain medical~-including obstetricy

psychiatrIc and nursingy care of illnessy diseasey injuryy

Infirmltyy

or

deformityT

“HospItal” includes general and

specialized hospitalsy tuberculosis sanitarlay mental or

psychiatric hospitals and saniteriay maternity homesy lying—

in homesy

and homes for unwed mothers in which care is given

during deliveryT

“Hospital” does not include7 for exampley

nursing homesy offices of human or animal health care

providersy

out—patient clinlesy or veterinary hospitalsT

“Incineration” means the complete reduction of a substance

to

ashes by means

of cembustionT

“Innocuous Hospital Waste”

is not

a

special wastey but for

the purposes of this Subpart means any hazardous hospital

waste which has been properly sterilized or incinerated so as

to render

it Incapable

of causing irifectionT

“Normal Hospital Waste”

is

riot

a special wastey but for the

purposes of this Subpart includesy but

is

riot limited

toy

garbagey refusey such as packaging materials removed before

a

product reaches patient care areas-7 disposable medical and

patient care Items such as basins arid water pitchers

which

have not come

in contact with a patient

in iso1atien-~and

facial tissue and other patient contact

items which have not

been generated by a patient in isolatlonT

11)2—17 1

---

—63—

“Sterilization” means the complete destruction of micro-

organisms by moist or dry heat or by bactericidal chemical

eompounds7—

(Source:

Repealed at

Ill. Reg.

effective

)

Section 809.902

Disposal Methods

(Repealed)

a~

No person shall cause or allow hazardous finfectious)-

hospital waste to be deposited in any landfillT

b-~

Hazardous finfectioust hospital waste shall be rendered

innocuous pursuant to Sections 8097983 and 88979847 or

may be disposed ofy where lawfuly by deposit into a

municipal

or

private sewerage system7

c-)-

Innocuous hospital waste and normal hospital waste may

be disposed of by any lawful meansy including

incineration in any incinerator appropriate fer such

waste and

for which the Agency has issued a permity by

deposit in any sanitary landfill or by deposit into a

municipal or

private sewerage

systemT—

(Source:

Repealed at

Ill. Reg.

effective

)

Section 809.903

Rendering Innocuous by Sterilization

(Repealed)

—Any hazardous finfeetious~hospital waste may be rendered an

Innocuous hospital

waste

byi-

a-)-

Sterilization

of

the waste

in

an atitoelavey provided

that the

unit

is operated in

accordance

with

the

manufacturer~srecommendations and the autoeave-1-s

effectiveness

is

verified at

least weekly with a

biological spore assay containing

ET

stearothermophilus7

or

b-)-

Sterilization of the waste in a commercial ethylene

oxide unit that provides controlled temperature and

humidity condltlons-r provided that the unit is operated

in accordance with the manufaeturer—’-s recommendations

and the

unit-’-s effectiveness is verified during each

use

with a biological spore assay containing B7 subtilisT—

(Source:

Repealed at

Ill. Reg.

effective

)

Section 809.904

Rendering Innocuous by Incineration (Repealed)

11)2—172

---

—64—

—

a-)-

Any hazardous

-(-infectious-)- hospital waste may be

rendered an innocuous hospital waste by incineration

provided thatr

l~

The combustion apparatus is an incinerator designed

to destroy the type or class of waste Introduced

into ity and

is operated according to the

manufecturer~sinstruetions-y and

2-)-

All permits required by 35 1117 AdmT Codey

Subtitle By Chapter

1

fprior to eodificationy

ehapter

2r

Air Pollution-)- have been obtained from

the Ageneyy end the conditions of those permits

have been metT

b-)-

The ash produced by the incineration of hazardous

firifectious-)- hospital waste shall be disposed of as

required by this Part and 35 1117 AdmT Code 88~for

disposal of any other incinerator ash7—

(Source:

Repealed at

Ill. Req.

effective

Section 809.905

Recordkeeping Requirements for Generators

(Repealed)

a-)-

Generators of hazardous finfeetious-)- hospital waste

who

render such waste Into innocuous hospital waste shall

keep and make reasonably available for Agency

inspectiorir

3:-)-

Records of any required biological spore assay

testsT

2-)-

Records describing the approximate amount of waste

sterilized or inelnerated7

3-)-

Records which demonstrate proper operation of the

sterilization or incineration equipment ~such as

time and temperature maintenance for each loedt7

b-)-

The requirements of Subsection

fa”)- may be satisfied by

maintenance of the records in the form required to be

kept by any hospital licensing or accreditation bodyy

provided that such records include information

sufficient to comply with Subsection

-(-a-)-7—

(Source:

Repealed at

Ill.

Req.

effective

Section 809.906

Defense

to Enforcement Action (Repealed)

—Reasonable reliance on a waste

generator-i-s identification of

waste as innocuous or normal hospital waste shall be a complete

102—173

---

—65—

defense to an enforcement action against a person other than

the

waste generator for violation

of Section

BO9T2O2fatT—

(Source:

Repealed at

Ill.

Req.

effective

)

Section 809.Appendix A

Old Rule Numbers Referenced (Repealed)

—The following table is provided to aid in referencing old Board

rule numbers to section numbers pursuant to codificationT

Chapter 9r

Special Waste

35

13:3:7 AdMT eode 809

Hauling

Rule 181

7

T

~

7

~

~

T

T

T

7

Section 8097181

Rule 182

T

7

T

7

7

7

T

7

T

T

T

7

T

T

7

Section 8997192

Rulel03

TTTTTTT

77777777

Section889TlO3

Rule 201

~

7

7

7

7

7

7

7

T

7

7

T

7

Section 8997281

Rule 202

7

7

7

7

7

7

7

7

7

7

7

7

7

7

7

Section 8097282

Rule 203

~

7

7

T

7

T

7

T

7

7

7

7

T

T

T

Section 8897203

Rule 294 ~ ~

~

7

7

7

T

T

7

T

7

7

7

7

~

SectIon 8097284

Rule 205

7

7

T

T

T

7

7

7

7

7

7

7

7

7

7

Section 8097205

Rule 206

7

7

7

7

7

T

7

7

7

T

T

T

7

T

7

Section 8997286

Rule 20~

~

7

7

7

7

7

7

7

7

7

7

7

7

Section 899728~

Rule 208

7

7

T

7

7

7

7

7

7

7

7

7

7

7

7

Section

899T206

Rule 209

7

7

7

7

7

7

7

7

7

7

7

7

7

7

~

Section 8097299

Rule 210

T

7

7

7

7

7

7

7

7

7

7

7

7

7

7

Section 8097210

Rule 211

~-

~

~

T

7

~-

T

~

Section 8997211

Rule

301777777777777777

SeetienBO9T3Ol

Rule 382

7

T

T

7

7

7

7

7

7

7

T

7

7

7

7

SectIon

889T302

Rule 481

T

7

7

7

7

T

7

7

7

7

T

7

7

T

T

Section 8097483:

Rule 402

7

7

T

T

7

7

7

7

7

7

7

7

7

7

7

Section 8897482

Rule 581 ~

~

7

7

7

7

7

7

7

7

7

7

7

7

Section 8997591

Rule 601

--

7

7

7

7

7

7

7

7

7

7

Section 8897691

Rule ~81

7

7

7

7

7

7

7

7

7

7

7

7

Section 809--~93:

Rule

803:

-

~-

~-

-~

~-

~-

--

~-

Section 8997091

Rule 882

7

7

7

7

7

7

7

7

7

7

7

7

Section 8997892

Rule

903:

7

7

7

7

7

7

7

7

7

7

7

7

7

~

Section 8997981

Rule 982

7

7

T

7

7

7

7

7

7

7

7

7

7

7

7

Section 8897992

Rule 903

7

~

~

~

~

~

T

~

SectIon 809~993

Rule 984

7

~

T

T

~

~

~

-~

~

7

Section 8997984

Rule 905

7

T

~

~

~

T

~

7

Section 8897905

Rule 906

7

7

T

7

7

7

7

7

T

7

7

7

7

7

Section 8997996—

(Source:

Repealed at

Ill. Req.

effective

)

IT IS SO ORDERED:

J. Dumelle,

B.

Forcade and M. Nardulli dissented.

102—174

---

—66—

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify that the

ave Opinion and Order was

adopted on the

/cz2~ day of

-

~~/-

,

1989,

by a vote

of

—f.2-~3

.

~

//~

~

Dorothy M.,-~unn,Clerk

Illinois pollution Control Board

102—175

---

I

,‘~

r—4-i

~(

I/~

‘—,

‘-

J

~—‘------.-...~

---i.

t

CONVERSION TABLE, STS DRAFT TO BOARD DRAFT

I’

STS DRAFT

(7—12—89)

BOARD DRAFT

(7-31-89)

Subpart A:

General Provision

808.100

808.101

808.110

808.121

808.122

808.123

Subpart A:

General Provision

808.100

808.101

808.110

808.121

808.122

808.123

Subpart

B:

Application for

Wastestream I.D.

Number

N/A

N/A

Subpart

C:

Application for

Wastestream Categorization

808. 240

808. 241

808. 242:

808. 250

808. 251

808.252

808. 253

808. 260

808. 270

808.271

Application for

Waste

Categorization

Subpart

D:

Request for Waste

Classification

808.400

808.401

808.402: Application for

808.410

808. 411

808.412

808.413

808.420

808.430

808.431

Waste

Classification

Subpart D:

808.282

Application

to

Declassify 808.280

N/A

N/A

808.302:

808. 303:

808.304

808.305

808.306

808.242

808.243

808.244

Classes of

Wastes

Classes

Classification

of

Special Wastes

800.200

—

808.220

Subpart

E:

808.301:

Subpart

B:

Types

of Special

Wastes

808.300: Types of Special

Wastes

Request

to Classify

as Type

D

Hazardous Waste

Classification

Based on

Inadequate

Information

808.240:

Special Waste

N/A

N/A

808.241:

Default

102—17 7

---

—2—

UOc::flV~if~4

r

STS DRAFT (7—12—89)

BOARD DRAFT (7-31-89)

Subpart

E:

808. 307

Types of Special

Wastes

Subpart

B:

Classes

of

Special

Wastes

808.

245

808. 246

Subpart F:

Review of

Application

808.401

808.402

808.403:

808. 404

Subpart E:

Review of

Classification

Request~

808.

502

808.501

808.503

(Partial):

Standard for Classification

808.520

(in Subpart

F)

Conditions of

Wastestream I.D.

Numbers

Conditions of

Wastestream

Categorization

Conditions of

Wastestream

Declassification

Subpart H:

Modification,

Appeal and

Enforcement

808.441

808.451

808.461

808.462

808.463

808.471

808.481

Subpart

I:

Certification

of Computer

Programs

808. 500

808.501: Application for

Certification

808.502: Certification

Subpart

F:

Wastestream

Classification

Determination

N/A

808.521:

Conditions of

Wastestrearn

Classification

N/A (But

see 808.521)

Subpart G:

Modification,

Appeal and

Enforcement

808.541

808.542

N/A

808.543

N/A (But see 808.543)

808.544

808.545

Subpart

C:

Criteria and Data

Requiremements

808.300

N/A (But see 808.301)

N/A

Standard for

Agency Action

Subpart G:

Conditions

808.421:

808.422:

808.423:

808.431

808.522

11)2—178

---

—3—

‘..—

t

I

~._—

‘—

I

1111

I

——

—

CONVERSION TABLE,

STS DRAFT TO BOARD DRAFT

STS DRAFT

(7-12-89)

BOARD DRAFT (7-31-89)

808.503: Decertification

808.504: Appeal

808.510: Degree of Hazard

Subpart

I: Certification

of Computer

Programs

N/A

808. 511

Subpart

J:

Categorical and

Characteristic

Wastes

808.600

808.601: Infectious

Hospital Wastes

Appendix A

Appendix

B

Appendix

C

Appendix D

N/A

N/A

‘I

N/A

Subpart

C:

Criteria and Data

Requirements

808.301:

Degree of Hazard

Determination by

Computer

808.302

(Modified)

Subpart

H:

Categorical and

Characteristic

Wastes

808.600

808.601: Hazardous

(Infectious)

Hospital Wastes

Appendix A (Modified)

Appendix B

Appendix C

Appendix D

The Balance of

the proposal

is essentially the same

organizationally,

except STS Section 808.411 on Page

59

(Unmanifested Waste Report)

has been relocated

in the Board draft

to Section 809.502

102—179