ILLINOIS POLLUTION CONTROL BOARD
April 1, 2004
IN THE MATTER OF: )
) R04-16
RCRA SUBTITLE C UPDATE, USEPA ) (Identical-in-Substance
AMENDMENTS (July 1, 2003 through ) Rulemaking - Land)
December 31, 2003) )
Proposed Rule. Proposal for Public Comment.
OPINION OF THE BOARD (by G.T. Girard):
SUMMARY OF TODAY’S ACTION
This identical-in-substance rulemaking would update the Illinois hazardous waste
regulations to incorporate revisions to the federal regulations. The federal amendments that
prompted this action were made by the United States Environmental Protection Agency
(USEPA) during the period of July 1, 2003 through December 31, 2003. This proceeding
proposes amendments to 35 Ill. Adm. Code 721 and 739. This proposal for public comment
would also make a series of non-substantive corrections and stylistic revisions to segments of the
text of 35 Ill. Adm. Code 739 that are not otherwise affected by the covered federal amendments.
Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and
22.4(a) (2002)) require the Board to adopt regulations that are “identical in substance” to
hazardous waste regulations adopted by the USEPA. These USEPA rules implement Subtitle C
of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C.
§§ 6921
et seq
. (2000)).
Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in
substance to federal regulations that USEPA adopts to implement Sections 3001 through 3005 of
RCRA (42 U.S.C. §§ 6921-6925 (2000)). Section 22.4(a) also provides that Title VII of the Act
and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40 (2002)) do
not apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA
Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.
This opinion supports an order that the Board also adopts today. The Board will cause
the proposed amendments to be published in the
Illinois Register
and will hold the docket open
to receive public comments for 45 days after the date of publication. The Board presently
intends to adopt final amendments based on this proposal in June 2004.
FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING
The following listing briefly summarizes the federal actions considered in this RCRA
Subtitle C update rulemaking:
2
Docket R04-16: July 1, 2003 through December 31, 2003,
RCRA Subtitle C Amendments
USEPA amended the federal RCRA Subtitle regulations on one occasion during the
period July 1, 2003 through December 31, 2003, as is summarized below:
July 30, 2003 (68 Fed. Reg. 44659)
USEPA adopted a number of corrective and clarifying amendments to the used oil
management standards.
No Later RCRA Subtitle C (Hazardous Waste) or UIC
Amendments of Interest to Date
The Board engages in ongoing monitoring of federal actions. As of the date of this
opinion and accompanying order, the Board has identified no other USEPA actions since
December 31, 2003 that further amend the RCRA Subtitle C hazardous waste rules in a way that
would require immediate Board attention.
When the Board observes an action outside the nominal timeframe of a docket that
require expedited consideration, the Board will expedite consideration of those amendments in
the pending docket. Federal actions that could warrant expedited consideration include those
that directly affect the amendments involved in this docket, those for which compelling reasons
would warrant consideration as soon as possible, and those for which the Board has received a
request for expedited consideration. If the Board identifies any additional federal actions that
fulfill these criteria prior to final action on the present amendments, we may include those
amendments in the present docket R04-16.
Other Federal Actions Having a Direct Impact on the
Illinois RCRA Subtitle C Regulations
In addition to the amendments to the federal RCRA Subtitle C regulations, amendments
to certain other federal regulations occasionally have an effect on the Illinois hazardous waste
rules. Most notably, 35 Ill. Adm. Code 720.111 includes several incorporations of federal
regulations by reference. The incorporated regulations include segments of various USEPA
environmental regulations and United States Department of Transportation hazardous materials
transportation regulations that USEPA has incorporated into the federal hazardous waste rules.
As of the date of this proposal for public comment, the Board has found two sets of
amendments to the incorporated materials. Those are the following actions:
68 Fed. Reg. 43272 (July 21, 2003)
USEPA approved new methods for microbiological analysis of water and wastewater.
68 Fed. Reg. 54934 (September 19, 2003)
USEPA corrected its July 21, 2003 approval of new methods for microbiological analysis
of water and wastewater.
3
The July 21, 2003 and September 19, 2003 updates to the methods for microbiological
analysis of water and wastewater will not require Board action to update the version of 40 C.F.R.
136 incorporated by reference. Microbiological testing is not used in the implementation of the
RCRA Subtitle C regulations.
Summary Listing of the Federal Actions Forming the Basis
of the Board’s Actions in These Consolidated Dockets
Based on the foregoing, the federal actions that form the basis for Board action in this
update docket are the following, listed in chronological order:
July 30, 2003 (68 Fed. Reg. 44659) Corrective and clarifying amendments to the used
oil management standards
PUBLIC COMMENTS
The Board will receive public comments on this proposal for a period of 45 days
following its publication in the
Illinois Register
. After that time, the Board will immediately
consider adoption of the amendments, making any necessary changes made evident through the
public comments. The Board will delay filing any adopted rules with the Secretary of State for
30 days after adoption, particularly to allow additional time for USEPA to review the adopted
amendments before they are filed and become effective.
TIMETABLE FOR COMPLETION OF THIS RULEMAKING
Under Section 7.2 of the Act (415 ILCS 5/7.2(b) (2002)), the Board must complete this
rulemaking within one year of the date of the earliest set of federal amendments considered in
this docket. USEPA adopted the earliest federal amendments that required Board attention on
July 24, 2002, so that the deadline for Board adoption of these amendments is July 24, 2003.
The Board scheduled adoption of this proposal for public comment for the Board meeting of
March 20, 2003, to allow for timely adoption of the rule around June 5, 2003. This will allow
filing of these amendments after July 5, 2003 and before the July 30, 2003 deadline.
Considering the proposal of these amendments on this date, the Board projects the
following will occur in the progress towards completion of these amendments:
Due date: July 30, 2004
Date of Board vote to propose amendments: March 18, 2004
Submission for
Illinois Register
publication: March 29, 2004
Probable
Illinois Register
publication date: April 9, 2004
End of 45-day public comment period: May 24, 2004
Date of Board vote to adopt amendments: June 17, 2004
End of 30-day hold period for USEPA review: July 3, 2004
Probable filing and effective date: July 12, 2004
4
Probable
Illinois Register
publication date: July 23, 2004
DISCUSSION
The following discussion begins with a description of the types of deviations the Board
makes from the literal text of federal regulations in adopting identical-in-substance rules. It is
followed by a discussion of the amendments and actions undertaken in direct response to the
federal actions involved in this proceeding. This first series of discussions is organized by
federal subject matter, generally appearing in chronological order of the relevant
Federal
Register
notices involved. Finally, this discussion closes with a description of the amendments
and actions that are not directly derived from the federal actions.
General Revisions and Deviations from the Federal Text
In incorporating the federal rules into the Illinois system, some deviation from the federal
text is unavoidable. This deviation arises primarily through differences between the federal and
state regulatory structure and systems. Some deviation also arises through errors in and
problems with the federal text itself. The Board conforms the federal text to the Illinois rules
and regulatory scheme and corrects errors that we see in the text as we engage in these routine
update rulemakings.
In addition to the amendments derived from federal amendments, the Board often finds it
necessary to alter the text of various passages of the existing rules as provisions are opened for
update in response to USEPA actions. This involves correcting deficiencies, clarifying
provisions, and making other changes that are necessary to establish a clear set of rules that
closely parallel the corresponding federal requirements within the codification scheme of the
Illinois Administrative Code
.
The Board updates the citations to the
Code of Federal Regulations
to the most recent
version available. As of the date of this opinion, the most recent version of the
Code of Federal
Regulations
available to the Board is the July 1, 2003 version. Thus, we have updated all
citations to the 2002 version, adding references to later amendments using their appropriate
Federal Register
citation, where necessary.
The Board substituted “or” for “/” in most instances where this appeared in the federal
base text, using “and” where more appropriate. The Board further used this opportunity to make
a number of corrections to punctuation, grammar, spelling, and cross-reference format
throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the
person to which the regulation referred was not necessarily a natural person, or to “he or she,”
where a natural person was evident; changed “which” to “that” for restrictive relative clauses;
substituted “must” for “shall”; capitalized the section headings and corrected their format where
necessary; and corrected punctuation within sentences.
In addition, the federal rules have been edited to establish a uniform usage throughout the
Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used
when an action is required by the rule, without regard to whether the action is required of the
5
subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday
language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break
from our former practice where “shall” was used when the subject of a sentence has a duty to do
something. “Will” is used when the Board obliges itself to do something. “May” is used when
choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.”
“Either . . . or” denotes “one but not both.” “And” denotes “both.”
The Joint Committee on Administrative Rules (JCAR) has requested that the Board refer
to the United States Environmental Protection Agency in the same manner throughout all of our
bodies of regulations—
i.e.
, air, water, drinking water, RCRA Subtitle D (municipal solid waste
landfill), RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The
Board has decided to refer to the United States Environmental Protection Agency as “USEPA.”
We will continue this conversion in future rulemakings as additional sections become open to
amendment. We will further convert “EPA” used in federal text to “USEPA,” where USEPA is
clearly intended.
The Board has assembled tables to aid in the location of these alterations and to briefly
outline their intended purpose. The tables set forth the miscellaneous deviations from the federal
text and corrections to the pre-amended base text of the rules in detail. The tables are set forth
and explained beginning at page 8 of this opinion. There is no further discussion of most of the
deviations and revisions elsewhere in this opinion.
Discussion of the Particular Federal Actions Involved in This Docket
Clarifying Amendments to the Used Oil Management Rule--Sections 721.105, 739.110, and
739.140
The USEPA action of July 30, 2003 (68 Fed. Reg. 44659) related to the used oil
management rule. USEPA stated that the amendments eliminated drafting errors and
ambiguities in the rule. The amendments were the reinstatement of three amendments adopted
by a direct final rule adopted by USEPA on May 6, 1998 (63 Fed. Reg. 24963) and withdrawn
on July 14, 1998 (63 Fed. Reg. 37780) in response to adverse public comments. USEPA stated
that the amendments clarify that mixtures of used oil and conditionally exempt small quantity
generator waste are subject to the used oil management standards without regard to how the
mixture is to be recycled. USEPA stated that the amendments further clarify that the initial
marketer of used oil that meets the used oil fuel specification needs only to keep a record of the
shipment to the facility to which the marketer delivers the used oil. Persons interested in the
details of the federal amendments should consult the July 30, 2003
Federal Register
notice.
The Board incorporated the July 30, 2003 federal amendments without substantive
deviation from the corresponding federal text. The deviations from the text of the federal
amendments are restricted to those structural and stylistic changes needed to make the text
comport with the
Illinois Register
format and the Board’s preferred style. The table that begins
on page 8 of this opinion itemizes the various revisions made in the federal text in adapting it
into the State regulations.
6
The Board requests public comment on the incorporation of the July 30, 2003 federal
amendments to the used oil management rule.
Discussion of Corrective Amendments
The Board has traditionally used the occasion of these identical-in-substance updates to
correct segments of the base text of the Illinois regulations. These corrections are non-
substantive in effect. The Board is including a significant number of non-substantive corrections
in this docket.
When a necessary minor correction comes to the attention of the Board, Board staff
makes a note of the correction, and it is set aside until the next opportunity to make the
correction. The next opportunity generally presents itself when the section involved is next
opened for amendment as a result of amendments to the corresponding federal text. Over the last
few years, the Board has cataloged very many changes, but the pace of completing the
corrections has been slow, since only a limited number of all the sections involved in the
hazardous waste regulations have been the subject of federal amendments. At the rate at which
the Board has been able to make the corrections while restricting attention to opened Sections of
the regulations, the Board might never be able to complete the corrections.
In the preceding RCRA Subtitle C update dockets, RCRA Subtitle C Update, USEPA
Regulations (January 1, 2002 through June 30, 2002), R03-7 (Jan. 9, 2003), and RCRA Subtitle
C Update, USEPA Regulations (July 1, 2002 through December 31, 2002), R03-18 (June 5,
2003), the Board began including the corrections necessary to some sections that are not already
involved in this docket at a result of federal amendments. The Board reviewed the entire text of
Parts 703, 705, 720, 721, 724, 726, and 728 and the Board is included all the necessary
corrections to of which the Board was aware at that time. The Board believes that prompt
completion of the corrections benefits the Agency’s implementation of the rules and the
regulated community.
The Board is continuing this approach in this current docket. The Board has made
corrections to one more Part of the regulations: Part 739. Thus, after completion of this
rulemaking, the Board will have reviewed the entire text of Parts 703, 705, 720, 721, 724, 726,
728, and 739 of the hazardous waste regulations and made whatever corrections the Board has
found necessary. The Board will continue this process of making corrections to the text of open
Parts at a reasonable rate in future RCRA Subtitle C update dockets until all of the corrections
are complete to all of Parts 702 through 705, 720 through 726, 728, 733, and 739.
1
The Board will not discuss particular corrective amendments in this segment of this
discussion. The corrections are each itemized in the table that begins on page 12 of this opinion.
The Board requests that the Agency, JCAR, and the regulated community review the table and
the text of the corrections. The Board requests comment on the corrections. The Board also
asks for the assistance of the Agency, JCAR, and the regulated community in this process; the
Board requests that they submit suggestions for correction of any errors of which they are aware.
1
At this time, the Board has not yet opened Parts 702, 722, 723, 725, or 733 for review.
7
The Board will catalog any suggestions relating to parts and sections not already involved in this
proceeding for future use.
Agency or Board Action
Section 7.2(a)(5) of the Act requires the Board to specify those portions of the program
over which USEPA will retain decision making authority. Based on the general division of
functions within the Act and other Illinois statutes, the Board is also to specify which State
agency is to make decisions.
In situations in which the Board has determined that USEPA will retain decision-making
authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid
specifying which office within USEPA is to make a decision.
In some identical-in-substance rules, certain decisions pertaining to a permit application
are not appropriate for the Agency to consider. In determining the general division of authority
between the Agency and the Board, the following factors should be considered:
1. Whether the entity making the decision is applying a Board regulation, or taking
action contrary to (“waiving”) a Board regulation. It generally takes some form
of Board action to “waive” a Board regulation.
2. Whether there is a clear standard for action such that the Board can give
meaningful review to an Agency decision.
3. Whether the action would result in exemption from the permit requirement itself.
If so, Board action is generally required.
4. Whether the decision amounts to “determining, defining or implementing
environmental control standards” within the meaning of Section 5(b) of the Act.
If so, it must be made by the Board.
There are four common classes of Board decisions: variance, adjusted standard, site-
specific rulemaking, and enforcement. The first three are methods by which a regulation can be
temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or
site-specific rulemaking). There often are differences in the nomenclature for these decisions
between the USEPA and Board regulations.
Tabulations of Deviations from the Federal text and
Corrections to and Clarifications of the Base Text
The tables below list numerous corrections and amendments that are not based on current
federal amendments. The first table (beginning immediately below) includes deviations made in
this proposal for public comment from the verbatim text of the federal amendments. The second
table (beginning immediately after the first) contains corrections and clarifications that the Board
made in the base text involved in this proposal. The amendments listed in this second table are
8
not directly derived from the current federal amendments. Some of the entries in these tables are
discussed further in appropriate segments of the general discussion beginning at page 4 of this
opinion.
Table 1:
Deviations from the Text of the Federal Amendments
Illinois Section 40 C.F.R. Section Revision(s)
739.110(i) 279.10(i) Changed “40 CFR part 761” to “federal
40 CFR 761”; added “federal” before
“40 CFR 761”; changed “Part 761” to
“federal 40 CFR 761”
Table2 :
Board Housekeeping Amendments
Section Source Revision(s)
739 table of contents,
739.111 heading
Board Changed “oil specifications” to capitalized “Oil
Specifications”
739 table of contents,
739.121 heading
Board Changed “waste mixing” to capitalized “Waste
Mixing”
739 table of contents,
739.122 heading
Board Changed “oil storage” to capitalized “Oil Storage”
739 table of contents,
739.123 heading
Board Changed “On-site burning in space heaters” to
capitalized “On-Site Burning in Space Heaters”
739 table of contents,
739.124 heading
Board Changed “Off-site shipments” to capitalized “Off-Site
Shipments”
739 table of contents,
739.130 heading
Board Changed “Do-it-yourselfer used oil collection centers”
to capitalized “Do-It-Yourselfer Used Oil Collection
Centers”
739 table of contents,
739.131 heading
Board Changed “oil collection centers” to capitalized “Do-It-
Yourselfer Oil Collection Centers”
739 table of contents,
739.132 heading
Board Changed “oil aggregate points owned by the generator”
to capitalized “Oil Aggregate Points Owned by the
Generator”
739 table of contents,
739.141 heading
Board Changed “transporters that are not also processors” to
capitalized “Transporters that Are Not Also Processors”
739 table of contents,
739.143 heading
Board Changed “oil transportation” to capitalized “Oil
Transportation”
739 table of contents,
739.144 heading
Board Changed “presumption for used oil” to capitalized
“Presumption for Used Oil”
739 table of contents,
739.145 heading
Board Changed “oil storage at transfer facilities” to
capitalized “Oil Storage at Transfer Facilities”
739 table of contents,
739.147 heading
Board Changed “residues” to capitalized “Residues”
9
739 table of contents,
739.152 heading
Board Changed “facility standards” to capitalized “Facility
Standards”
739 table of contents,
739.153 heading
Board Changed “presumption for used oil” to capitalized
“Presumption for Used Oil”
739 table of contents,
739.154 heading
Board Changed “oil management” to capitalized “Oil
Management”
739 table of contents,
739.155 heading
Board Changed “plan” to capitalized “Plan”
739 table of contents,
739.157 heading
Board Changed “record and reporting” to capitalized “Record
and Reporting”
739 table of contents,
739.158 heading
Board Changed “Off-site shipments of used oil” to capitalized
“Off-Site Shipments of Used Oil”
739 table of contents,
739.159 heading
Board Changed “residues” to capitalized “Residues”
739 table of contents,
739.161 heading
Board Changed “burning” to capitalized “Burning”
739 table of contents,
739.163 heading
Board Changed “presumption for used oil” to capitalized
“Presumption for Used Oil”
739 table of contents,
739.164 heading
Board Changed “oil storage” to capitalized “Oil Storage”
739 table of contents,
739.167 heading
Board Changed “residues” to capitalized “Residues”
739 table of contents,
739.172 heading
Board Changed “On-specification used oil fuel” to capitalized
“On-Specification Used Oil Fuel”
739 table of contents,
739.182 heading
Board Changed “as a dust suppressant” to capitalized “As a
Dust Suppressant”
739.100 “aboveground
tank”
Board Added a comma before “as defined in . . .” to offset a
parenthetical
739.100 “aboveground
tank” Board note
Board Changed “Aboveground” to lower-case “aboveground”;
changed “above definition” to “definition of this
Section”
739.100 “existing
tank”
Board Changed “has” to past-tense “had” (four times);
changed “the effective date . . . located” to “October 4,
1996”; added “of the following had occurred”
739.100 “existing
tank” Board note
Board Changed “above definition” to “definition of this
Section”
739.100 “new tank” Board Changed “has” to past-tense “had”; changed “the
effective date . . . located” to “October 4, 1996”
739.100 “new tank”
Board note
Board Changed “which” to “that” for a restrictive relative
clause; changed “above definition” to “definition of this
Section”
739.100 “processing” Board Added “the following”
10
739.100 “tank” Board Changed “which” to “that” for a restrictive relative
clause; removed the unnecessary comma from before
the parenthetical after “materials”; changed “provides”
to plural “provide”
739.100 “used oil” Board Removed the unnecessary from before “or any
synthetic oil” that separated a two-element series
739.105(e) Board Changed “set forth below” to “those set forth in
subsections (e)(1) and (e)(2) of this Section”; changed
the ending colon to a period
739.110 preamble Board Changed “which” to “that” for a restrictive relative
clause
739.110(a) Board Changed “USEPA presumes that used oil is to be” to
“used oil is presumed to be”; added a comma before
“unless” to offset a parenthetical; removed the
unnecessary comma after “used oil” that separated a
two-element series (twice) changed “35 Ill. Adm. Code
721.Subpart C” to “Subpart C of 35 Ill. Adm. Code
721”
739.110(b)(1)(A) Board Changed “35 Ill. Adm. Code 721.Subpart D” to
“Subpart D of 35 Ill. Adm. Code 721”
739.110(b)(1)(B) Board Changed “35 Ill. Adm. Code 721.Subpart D” to
“Subpart D of 35 Ill. Adm. Code 721”; removed
“Edition III”; added “incorporated . . . 720.111”;
Changed “35 Ill. Adm. Code 721.Appendix H” to
“Appendix H of 35 Ill. Adm. Code 721”; removed
“USEPA Publication SW-846 . . . (document number
955-001-00000-1)”
739.110(b)(1)(B)(i) Board Changed “the” to “this” (twice)
739.110(b)(1)(B)(ii) Board Changed “the” to “this” (twice)
739.110(b)(2) Board Changed “35 Ill. Adm. Code 721.Subpart C” to
“Subpart C of 35 Ill. Adm. Code 721” (twice); added
“the following”
739.110(b)(2)(A) Board Changed “35 Ill. Adm. Code 721.Subpart C” to
“Subpart C of 35 Ill. Adm. Code 721”
739.110(b)(2)(B) Board Changed “35 Ill. Adm. Code 721.Subpart C” to
“Subpart C of 35 Ill. Adm. Code 721”
739.110(b)(2)(C) Board Changed “which” to “that” for a restrictive relative
clause
739.110(c)(1) Board Added “the following is true of”; changed “such that”
to “so that”
739.110(c)(1)(A) Board Added “the material”
739.110(c)(1)(B) Board Added “the material”
11
739.110(e)(1) Board Added “the following is true of”; added a comma after
“used oil” to offset an element of a series; changed
“that” to “which” for a subsequent restrictive relative
clause; added a comma after “beneficially” to offset the
final element of a series; added “which” for a
subsequent restrictive relative clause; removed the
unnecessary “are”
739.110(e)(1)(A) Board Added “the materials are”
739.110(e)(1)(B) Board Added “the materials are”; added a comma before “as
provided” to offset a parenthetical
739.110(e)(3) Board Added “the following is true of”; removed the
unnecessary “are”
739.110(e)(3)(A) Board Added “the materials are”
739.110(e)(3)(B) Board Added “the materials”
739.110(f) Board Added “federal” before “Clean Water Act”; changed
“which” to “that” for a restrictive relative clause
739.110(g)(2) Board Changed “1%” to “one percent”
739.110(g)(3) Board Changed “1%” to “one percent”
739.111 heading Board Changed “oil specifications” to capitalized “Oil
Specifications”
739.111 preamble Board Changed “Table 1” to “the following table”
739.111 table heading Board Removed “Table 1-”; changed “Used Oil Not
exceeding Any Specification Level Is Not Subject to
this Part When Burned for Energy Recovery” to “Used
Oil Specification Levels When Burned for Energy
Recovery”
739.111 table Board Removed the tab from the let column entry for “total
halogen”
739.111 table, footnote
2
Board Changed “35 Ill. Adm. Code 726.Subpart H” to
“Subpart H of 35 Ill. Adm. Code 726”; added commas
before and after “rather than this Part” to offset the
parenthetical
739.112(a) Board Changed “shall” to “must”; added a comma before
“unless” to offset a parenthetical
739.112(b) Board Deleted the conditional parenthetical “except when . . .”
739.112(c)(3) Board Changed “35 Ill. Adm. Code 724.Subpart O or
725.Subpart O” to “Subpart O of 35 Ill. Adm. Code 724
or 725”
739.120(a) Board Changed “this subpart” to capitalized “this Subpart C”;
added “the following”
739.120(a)(2) Board Changed “this Subpart” to “this Subpart C” (four
times); changed “person(s)” to “persons”; changed
“them” to the reflexive “themselves”
739.120(a)(3) Board Changed “this Subpart” to “this Subpart C”
12
739.120(b) Board Added a comma before “as indicated” to offset the
parenthetical; changed “subsections (b)(1) through (5)
below” to “subsections (b)(1) through (b)(5)”
739.120(b)(1) Board Removed the unnecessary space to correct “Section
739.124 (a)” to “Section 739.124(a)”; changed “shall” to
“must”; changed “739.Subpart E” to “Subpart E of this
Part
739.120(b)(2)(A) Board Changed “subsection (b)(2)(B) below” to “subsection
(b)(2)(B) of this Section”; changed “shall” to “must”;
changed “739.Subpart F” to “Subpart F of this Part
739.120(b)(3) Board Changed “shall” to “must”; changed “739.Subpart G”
to “Subpart G of this Part
739.120(b)(4) Board Changed “shall” to “must”; changed “739.Subpart H”
to “Subpart H of this Part
739.120(b)(5) Board Changed “shall” to “must”; changed “739.Subpart I” to
“Subpart I of this Part
739.121 heading Board Changed “waste mixing” to capitalized “Waste
Mixing”
739 table of contents,
739.122 heading
Board Changed “oil storage” to capitalized “Oil Storage”
739.122 preamble Board Changed plural “used oil generators are” to singular “a
used oil generators is” (twice); changed “this Subpart”
to “this Subpart C” (twice)
739.122(a) Board Changed plural “used oil generators” to singular “a
used oil generators”; changed “shall not” to “may not”
739.122(b) Board Added “the following must be true of”; changed
“generator facilities” to singular “a generator facility”;
removed the ending “must be”
739.122(b)(1) Board Added “the containers must be”
739.122(b)(2) Board Changed “not” to “the containers may not be”
739.122(d) Board Changed “shall” to “must”
739.123 heading Board Changed “On-site burning in space heaters” to
capitalized “On-Site Burning in Space Heaters”
739.123 preamble Board Changed plural “generators” to singular “a generator”;
added “the following conditions are fulfilled”
739.124 heading Board Changed “Off-site shipments” to capitalized “Off-Site
Shipments”
739.124 preamble Board Changed plural “generators” to singular “a generator”;
changed “shall” to “must”; changed “U.S. EPA” to
“USEPA”; changed “numbers” to singular “number”
739.124(a) Board Changed plural “generators” to singular “a generator”;
changed “U.S. EPA” to “USEPA”; added “the
following conditions are fulfilled”
739.124(b) Board Changed plural “generators” to singular “a generator”;
added “the following conditions are fulfilled”
13
739.124(a)(3) Board Changed “shall” to “must” (twice)
739.124(b) Board Changed “U.S. EPA” to “USEPA”
739.124(c) Board Changed plural “used oil generators” to singular “a
used oil generators”; changed “U.S. EPA” to
“USEPA”; added “the following information”
739.130 heading Board Changed “Do-it-yourselfer used oil collection centers”
to capitalized “Do-It-Yourselfer Used Oil Collection
Centers”
739.131 heading Board Changed “oil collection centers” to capitalized “Do-It-
Yourselfer Oil Collection Centers”
739.131(b) Board Added “do the following”
739.131(b)(2) Board Changed “shall” to “must” (three times)
739.132 heading Board Changed “oil aggregate points owned by the generator”
to capitalized “Oil Aggregate Points Owned by the
Generator”
739.132(a) Board Changed plural “used oil generators” to singular “a
used oil generators”
739.140(a) Board Changed “this Subpart” to “this Subpart E”; changed
plural “used oil transporters are persons that transport”
to singular “a used oil transporter is a person that
transports”; changed plural “persons that collect” to
singular “a person that collects”; changed plural
“owners and operators of . . . facilities” to singular “an
owner or operator of a . . . facility”
739.140(a)(1) Board Changed “this Subpart” to “this Subpart E”
739.140(a)(2) Board Changed “this Subpart” to “this Subpart E”; changed
plural “generators that transport” to singular “a
generator that transports”; corrected the spelling of
“totalling” to “totaling”
739.140(a)(3) Board Changed “this Subpart” to “this Subpart E” (twice);
changed plural “generators that transport” to singular “a
generator that transports”; corrected the spelling of
“totalling” to “totaling”
739.140(a)(4) Board Changed “this Subpart” to “this Subpart E”
739.140(b) Board Changed plural “transporters that import” to singular “a
transporter that imports”; changed “this Subpart” to
“this Subpart E”
739.140(d) Board Changed plural “used oil transporters that conduct” to
singular “a used oil transporter that conducts”; changed
“subsections (d)(1) through (5)” to “subsections (d)(1)
through (d)(5)”
739.140(d)(1) Board Changed plural “transporters that generate” to singular
“a transporter that generates”; changed “shall” to
“must”
14
739.140(d)(2) Board Changed plural “transporters that process” to singular
“a transporter that processes”; changed “shall” to
“must”
739.140(d)(3) Board Changed plural “transporters that burn” to singular “a
transporter that burns”; changed “shall” to “must”
739.140(d)(4) Board Changed plural “transporters that direct” to singular “a
transporter that directs”; changed “shall” to “must”
739.140(d)(5) Board Changed plural “transporters that dispose” to singular
“a transporter that disposes”; changed “shall” to “must”
739.141 heading Board Changed “transporters that are not also processors” to
capitalized “Transporters that Are Not Also Processors”
739.141(a) Board Changed plural “used oil transporters” to singular “a
used oil transporter” (twice)
739.141(b) Board Changed plural “transporters . . . they also comply” to
singular “a transporter . . . it also complies”
739.141(c) Board Changed plural “transporters . . . are” to singular “a
transporter . . . is”; changed “739.Subpart F” to
“Subpart F of this Part
739.142(a) Board Changed “shall” to “must”; changed “U.S. EPA” to
“USEPA”
739.142(b)(1) Board Changed “U.S. EPA” to “USEPA” (twice); changed
“Region V” to “Region 5”; added “of the following”
739.142(b)(1)(A) Board Changed “U.S. EPA” to “USEPA” (twice)
739.142(b)(1)(B) Board Changed “U.S. EPA” to “USEPA” (twice)
739.142(b)(2) Board Updated the address of the Illinois EPA
739.143 heading Board Changed “oil transportation” to capitalized “Oil
Transportation”
739.143(a) Board Changed “shall” to “must”; added “one of the
following”
739.143(a)(1) Board Changed “U.S. EPA” to “USEPA”
739.143(a)(2) Board Changed “U.S. EPA” to “USEPA”
739.143(a)(3) Board Changed “U.S. EPA” to “USEPA”
739.143(b) Board Changed “shall” to “must” (twice); changed “49 CFR
parts 171 through 180” to “49 CFR 171 through 180”
(twice)
739.143(c)(1) Board Changed “shall” to “must”
739.143(c)(2) Board Changed “U.S. EPA” to “USEPA”
739.143(c)(3) Board Changed “shall” to “must”; added “do the following”
739.143(c)(3)(A) Board Added “federal” before “49 CFR 171.15”
739.143(c)(3)(B) Board Added “federal” before “49 CFR 171.16”
739.143(c)(4) Board Added “federal” before “33 CFR 153.203”
739.143(c)(4) Board Changed “shall” to “must”
739.143(c)(5) Board Changed “shall” to “must”
15
739.144 heading Board Changed “presumption for used oil” to capitalized
“Presumption for Used Oil”
739.144(a) Board Changed “shall” to “must”
739.144(b) Board Changed “shall” to “must”; added “the following
means”
739.144(c) Board Changed “35 Ill. Adm. Code 721.Subpart D” to
“Subpart D of 35 Ill. Adm. Code 721”; removed
“Edition III”; added “incorporated . . . 720.111”;
changed “35 Ill. Adm. Code 721.Appendix H” to
“Appendix H of 35 Ill. Adm. Code 721”; removed
“U.S. EPA Publication SW-846 . . . (document number
955-001-00000-1)”
739.144(d) Board Changed numeric “3” to written “three”
739.145 heading Board Changed “oil storage at transfer facilities” to
capitalized “Oil Storage at Transfer Facilities”
739.145 preamble Board Changed “this Subpart” to “this Subpart E”
739.145(a) Board Changed “transportation related” to hyphenated
“transportation-related”; changed plural “transfer
facilities” to “a transfer facility”
739.145(b) Board Changed plural “owners or operators of . . . facilities”
to “an owner or operator of a . . . facility”
739.145(c) Board Added “the following must be true of”; changed
“transfer facilities” to singular “a transfer facility”;
removed the ending “must be”
739.145(c)(1) Board Added “the containers must be”
739.145(c)(2) Board Changed “not” to “the containers may not be”
739.145(d) Board Changed plural “transfer facilities” to “a transfer
facility”
739.145(d)(1) Board Added “the following”
739.145(d)(1)(A) Board Added “of the following”
739.145(d)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
739.145(e) Board Changed plural “transfer facilities” to “a transfer
facility”
739.145(e)(1) Board Added “the following”
739.145(e)(1)(A) Board Added “of the following”
739.145(e)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
739.145(f) Board Changed plural “transfer facilities” to “a transfer
facility”
739.145(f)(1) Board Added “the following”
739.145(f)(1)(A) Board Added “of the following”
739.145(f)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
16
739.145(h) Board Changed “shall” to “must”
739.146(a) Board Changed plural “used oil transporters” to singular “a
used oil transporter”; changed “shall” to “must”; added
“the following”
739.146(a)(2) Board Changed “U.S. EPA” to “USEPA”
739.146(a)(5)(A) Board Changed “subsection (a)(5)(B) below” to “subsection
(a)(5)(B) of this Section”
739.146(b) Board Changed plural “used oil transporters” to singular “a
used oil transporter”; changed “shall” to “must”; added
“the following”
739.146(b)(2) Board Changed “U.S. EPA” to “USEPA”
739.146(b)(5)(A) Board Changed “subsection (a)(5)(B) below” to “subsection
(a)(5)(B) of this Section”
739.146(c) Board Changed plural “used oil transporters” to singular “a
used oil transporter”; changed “shall” to “must”
739.147 heading Board Changed “residues” to capitalized “Residues”
739.147(a) Board Changed “shall” to “must”; changed “U.S. EPA” to
“USEPA”
739.147(b)(1) Board Changed “U.S. EPA” to “USEPA” (twice)
739.147(b)(1)(A) Board Changed “U.S. EPA” to “USEPA” (twice)
739.147(b)(1)(B) Board Changed “U.S. EPA” to “USEPA” (twice)
739.150(a) Board Changed “this Subpart” to “this Subpart F” (twice);
added “the following” (twice); added a comma after
“separation” to offset the final element of a series
739.150(a)(1) Board Changed plural “transporters that conduct” to singular
“a transporter that conducts”; added a comma before
“as provided” to offset a parenthetical
739.150(a)(2) Board Changed plural “burners that conduct” to singular “a
burner that conducts”; added a comma before “as
provided” to offset a parenthetical
739.150(b) Board Changed plural “used oil processors who conduct” to
singular “a used oil processor that conducts”; added a
comma before “as indicated” to offset a parenthetical
739.151(b)(1) Board Changed plural “processors who generate” to singular
“a processor that generates”; added “of the following”;
changed “Region V” to “Region 5”
739.151(b)(2) Board Changed plural “processors who transport” to singular
“a processor that transports”; updated the address of the
Illinois EPA
739.151(b)(3) Board Changed plural “processors who direct” to singular “a
processor that directs”
739.151(b)(4) Board Changed plural “processors who burn” to singular “a
processor that burns”
739.151(b)(5) Board Changed plural “processors who dispose” to singular “a
processor that disposes”
17
739.152 heading Board Changed “facility standards” to capitalized “Facility
Standards”
739.152(a) Board Changed plural “owners and operators of used oil
processors and re-refiners facilities” to singular “an
owners or operator of a used oil processing or re-
refining facility”; changed “shall” to “must”
739.152(a)(1) Board Added the indefinite article “a” before “facility”; added
“all” before “facilities”; changed “which” to “that” for
a restrictive relative clause
739.152(a)(2)(D) Board Removed the unnecessary conjunction “or” separating
elements of a series (twice)
739.152(a)(5) Board Changed “shall” to “must”
739.152(a)(6) Board Changed “shall” to “must”
739.152(a)(6)(A)(iv) Board Changed “which” to “that” for a restrictive relative
clause
739.152(a)(6)(B) Board Changed “shall” to “must”
739.152(b) Board Changed plural “owners and operators of used oil
processors and re-refiners facilities” to singular “an
owner or operator of a used oil processing or re-refining
facility”; changed “shall” to “must”
739.152(b)(1)(A) Board Changed “shall” to “must”
739.152(b)(1)(B) Board Changed “which” to “that” for a restrictive relative
clause
739.152(b)(2)(A) Board Changed “shall” to “must”
739.152(b)(2)(B) Board Added “federal” before “40 CFR 112”; removed the
unnecessary comma after “40 CFR 112” that separated a
two-element series
739.152(b)(2)(F) Board Changed “signal(s)” to “signals”
739.152(b)(3) Board Changed singular “a copy” to plural “copies”; added
“disposed as follows”
739.152(b)(4) Board Added “one of the following occurs”
739.152(b)(4)(C) Board Changed the en-dash after “circumstances” to an em-
dash
739.152(b)(5) Board Changed “shall” to “must”
739.152(b)(5) Board
note
Board Changed “U.S. EPA” to “USEPA”; added the quotation
marks to indicated quoted text; placed brackets on the
citation to indicate deviation from the quoted language;
changed “subsection (b)(6) below” to “subsection
(b)(6) of this Section”
739.152(b)(6)(A) Board Changed “shall” to “must”; added “do the following”
739.152(b)(6)(B) Board Changed “shall” to “must”
739.152(b)(6)(C) Board Changed “shall” to “must”
739.152(b)(6)(D) Board Changed “which” to “that” for a restrictive relative
clause; changed “shall” to “must”
18
739.152(b)(6)(D)(i) Board Changed “shall” to “must” (twice)
739.152(b)(6)(D)(ii) Board Changed “shall” to “must”; added “federal” before “40
CFR 300”; added “the following information”; changed
“Name” to lower-case “name” (three times); changed
“Time” to lower-case “time”; changed “material(s)” to
“materials”; changed “The” to lower-case “the”
739.152(b)(6)(E) Board Changed “shall” to “must”
739.152(b)(6)(F) Board Changed “shall” to “must”
739.152(b)(6)(G) Board Changed “shall” to “must”
739.152(b)(6)(H) Board Changed “shall” to “must”; added “the following
occur”; changed “area(s)” to “areas”
739.152(b)(6)(H)(iii) Board Changed “shall” to “must”; changed “area(s)” to
“areas”
739.152(b)(6)(I) Board Changed “shall” to “must” (twice); changed “the
Regional Administrator” to “USEPA Region 5”; added
“the following”
739.152(b)(6)(I)(iv) Board Changed “material(s)” to “materials”
739.153 heading Board Changed “presumption for used oil” to capitalized
“Presumption for Used Oil”
739.153(a) Board Changed “shall” to “must”
739.153(b) Board Changed “shall” to “must”; added “the following
means”
739.153(c) Board Changed “35 Ill. Adm. Code 721.Subpart D” to
“Subpart D of 35 Ill. Adm. Code 721”; removed
“Edition III”; added “incorporated . . . 720.111”;
changed “35 Ill. Adm. Code 721.Appendix H” to
“Appendix H of 35 Ill. Adm. Code 721”; removed
“U.S. EPA Publication SW-846 . . . (document number
955-001-00000-1)”
739.154 heading Board Changed “oil management” to capitalized “Oil
Management”
739.154 preamble Board Changed “this Subpart” to “this Subpart F” (twice)
739.154(a) Board Changed plural “used oil processors” to singular “a
used oil processor”; changed “shall not” to “may not”
739.154(b) Board Added “the following must be true of”; changed
“processing facilities” to singular “a processing
facility”; removed the ending “must be”
739.154(b)(1) Board Added “the containers must be”
739.154(b)(2) Board Changed “not” to “the containers may not be”
739.154(c)(1) Board Added “the following”
739.154(c)(1)(A) Board Added “of the following”
739.154(c)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
739.154(d)(1) Board Added “the following”
19
739.154(d)(1)(A) Board Added “of the following”
739.154(d)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
739.154(e)(1) Board Added “the following”
739.154(e)(1)(A) Board Added “of the following”
739.154(e)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
739.154(g) Board Changed “shall” to “must”
739.154(h)(1) Board Changed plural “owners and operators that store or
process” to singular “an owner or operator that stores or
processes”; changed “shall” to “must”
739.154(h)(1)(A) Board Changed “shall” to “must”
739.154(h)(1)(B) Board Changed “shall” to “must”
739.154(h)(2) Board Changed plural “owners and operators that store” to
singular “an owner or operator that stores”; changed
“shall” to “must”
739.154(h)(2)(B) Board Changed “shall” to “must”
739.155 heading Board Changed “plan” to capitalized “Plan”
739.155 preamble Board Changed plural “owners and operators of used oil
processing and re-refining facilities” to singular “an
owner or operator of a used oil processing or re-refining
facility”
739.155(a)(2) Board Added “the following conditions must be fulfilled” as a
parenthetical offset by a comma
739.155(a)(2)(A) Board Added “of the following”
739.155(a)(2)(A)(i) Board Changed “35 Ill. Adm. Code 721.Appendix I” to
“Appendix I of 35 Ill. Adm. Code 721”
739.155(b)(2) Board Added “the following” as a parenthetical offset by a
comma
739.155(b)(2)(A) Board Added “of the following”
739.155(b)(2)(A)(i) Board Changed “35 Ill. Adm. Code 721.Appendix I” to
“Appendix I of 35 Ill. Adm. Code 721”
739.156(a) Board Changed plural “used oil processors” to singular “a
used oil processor”; changed “shall” to “must”
739.156(a)(3) Board Changed “U.S. EPA” to “USEPA”
739.156(a)(4) Board Changed “U.S. EPA” to “USEPA”
739.156(b) Board Changed plural “used oil processors” to singular “a
used oil processor”; changed “shall” to “must”
739.156(b)(1) Board Added a comma after “processor” to offset the final
element of a series
739.156(b)(2) Board Added a comma after “processor” to offset the final
element of a series
739.156(b)(3) Board Changed “U.S. EPA” to “USEPA”
739.156(b)(4) Board Changed “U.S. EPA” to “USEPA”
20
739.156(c) Board Changed “subsections (a) and (b) above” to
“subsections (a) and (b) of this Section”
739.157 heading Board Changed “record and reporting” to capitalized “Record
and Reporting”
739.157(a)(1) Board Changed “shall” to “must”
739.157(a)(2)(B) Board Added a comma before “as specified” to offset the
parenthetical; corrected “an specified” to “as specified”
739.157(b) Board Changed “shall” to “must”; changed “the Regional
Administrator” to “USEPA Region 5”
739.157(b)(1) Board Changed “U.S. EPA” to “USEPA”
739.158 heading Board Changed “Off-site shipments of used oil” to capitalized
“Off-Site Shipments of Used Oil”
739.158 Board Changed plural “used oil processors that initiate
shipments” to singular “a used oil processor that
initiates a shipment”; changed “shall” to “must”;
changed “U.S. EPA” to “USEPA”
739.159 heading Board Changed “residues” to capitalized “Residues”
739.159 Board Changed plural “owners and operators who generate” to
singular “an owner or operator that generates”
739.160(a) Board Changed “this Subpart” to “this Subpart G” (twice)
739.160(b) Board Changed plural “used oil burners that conduct . . . are”
to singular “a used oil burner that conducts . . . is”
739.160(b)(1) Board Changed plural “burners that generate” to singular “a
burner that generates”; changed “shall” to “must”
739.160(b)(2) Board Changed plural “burners that transport” to singular “a
burner that transports”; changed “shall” to “must”
739.160(b)(3) Board Changed plural “burners that process or re-refine” to
singular “a burner that processes or re-refines”;
changed “shall” to “must”
739.160(b)(4) Board Changed plural “burners that direct” to singular “a
burner that directs”; changed “shall” to “must”
739.160(b)(5) Board Changed plural “burners that dispose” to singular “a
burner that disposes”; changed “shall” to “must”
739.160(c) Board Changed “this Subpart” to “this Subpart G”; changed
plural “persons” to singular “a person”
739.161 heading Board Changed “burning” to capitalized “Burning”
739.161(a) Board Changed “may be burned . . . in only” to “may only be
burned . . . in”
739.161(a)(3) Board Changed “35 Ill. Adm. Code 724.Subpart O or 35 Ill.
Adm. Code 725.Subpart O” to “Subpart O of 35 Ill.
Adm. Code 724 or 725”
739.161(b) Board Added the text heading “Restrictions.”
739.161(b)(1) Board Changed plural “used oil burners” to “a used oil
burner”
21
739.161(b)(2) Board Changed plural “used oil burners” to “a used oil
burner”;
739.162(a) Board Changed “shall” to “must”; changed “U.S. EPA” to
“USEPA”
739.162(b) Board Changed “U.S. EPA” to “USEPA”; changed “the
Regional Administrator” to “USEPA Region 5”;
changed “their” to “its”; added “of the following”
739.162(b)(1) Board Changed “EPA” to “USEPA” (twice)
739.162(b)(2) Board Changed “EPA” to “USEPA” (twice)
739.162(c) Board Updated the address of the Illinois EPA
739.163 heading Board Changed “presumption for used oil” to capitalized
“Presumption for Used Oil”
739.163(a) Board Changed “shall” to “must”
739.163(b) Board Changed “shall” to “must”; added “the following
means”
739.163(c) Board Changed “35 Ill. Adm. Code 721.Subpart D” to
“Subpart D of 35 Ill. Adm. Code 721”; removed
“Edition III”; added “incorporated . . . 720.111”;
changed “35 Ill. Adm. Code 721.Appendix H” to
“Appendix H of 35 Ill. Adm. Code 721”; removed
“U.S. EPA Publication SW-846 . . . (document number
955-001-00000-1)”
739.163(d) Board Changed “subsections (a), (b), and (c) above” to
“subsections (a), (b), and (c) of this Section”; changed
numeric “3” to written “three”
739.164 heading Board Changed “oil storage” to capitalized “Oil Storage”
739.164 preamble Board Added “federal” before “40 CFR 112”; changed “this
Subpart” to “this Subpart F” (twice)
739.164(a) Board Changed “used oil burners” to singular “a used oil
burner”
739.164(b) Board Added “the following must be true of”; changed
“burner facilities” to singular “a burner facility”;
removed the ending “must be”
739.164(b)(1) Board Added “the containers must be”
739.164(b)(2) Board Changed “not” to “the containers may not be”
739.164(c) Board Changed “burner facilities” to singular “a burner
facility”
739.164(c)(1) Board Added “of the following”
739.164(c)(1)(A) Board Added a comma after “berms” to offset the final
element of a series
739.164(d)(1) Board Added “of the following”
739.164(d)(1)(A) Board Added “of the following”
739.164(d)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
22
739.164(e) Board Changed plural “new aboveground tanks” to singular “a
new aboveground tank”
739.164(e)(1) Board Added “of the following”
739.164(e)(1)(A) Board Added “of the following”
739.164(e)(1)(A)(i) Board Added a comma after “berms” to offset the final
element of a series
739.164(e) Board Changed plural “containers and aboveground tanks . . .
at burner facilities” to singular “a container or
aboveground tank . . . at a burner facility”
739.164(g) Board Changed “shall” to “must”
739.165(a) Board Changed plural “used oil burners” to singular “a used
oil burner”; changed “shall” to “must”
739.165(a)(3) Board Changed “U.S. EPA” to “USEPA”
739.165(a)(4) Board Changed “U.S. EPA” to “USEPA”
739.166(a) Board Added “the following”
739.166(a)(1) Board Added “that”; changed “U.S. EPA” to “USEPA”
739.166(a)(2) Board Added “that”
739.167 heading Board Changed “residues” to capitalized “Residues”
739.167 Board Changed plural “burners who generate” to “a burner
that generates”
739.170(a) Board Changed “this Subpart” to “this Subpart H”
739.170(b) Board Changed “this Subpart” to “this Subpart H”
739.170(b)(1) Board Changed plural “used oil generators, and transporters
that transport . . . their” to singular “a used oil
generator, or transporter that transports . . . its”;
changed plural “processors that burn” to singular “a
processor that burns”; changed plural “generators and
transporters that direct” to singular “a generator or
transporter that directs”; changed plural “processors
that incidentally burn . . . are” to singular “a processor
that incidentally burns . . . is”; changed plural
“marketers” to singular “a marketer”; changed “this
Subpart” to “this Subpart H”
739.170(b)(2) Board Changed plural persons that direct . . . and that are” to
singular “a person that directs . . . and which is”
739.170(c) Board Changed “this Subpart” to “this Subpart H”; changed
“shall” to “must”
739.171 preamble Board Added “fulfills the following conditions”
739.171(a) Board Changed “U.S. EPA” to “USEPA”
739.172 heading Board Changed “On-specification used oil fuel” to capitalized
“On-Specification Used Oil Fuel”
739.172(b) Board Changed “shall” to “must”
739.173(a) Board Changed “shall” to “must”; changed “U.S. EPA” to
“USEPA”
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739.173(b) Board Changed “U.S. EPA” to “USEPA”; changed “the
Regional Administrator” to “USEPA Region 5”;
changed “their” to “its”; added “of the following”
739.173(b)(1) Board Changed “EPA” to “USEPA”
739.173(b)(2) Board Changed “EPA” to “USEPA”
739.173(c) Board Updated the address of the Illinois EPA
739.174(a) Board Changed “shall” to “must”
739.174(b) Board Changed “shall” to “must”
739.175(a) Board Changed the personal pronoun “he” to “it”; changed
“that” to “the following”
739.175(a)(1) Board Added “that”; changed “EPA” to “USEPA”
739.175(a)(2) Board Added “that”
739.175(b) Board Changed “subsection (a) above” to “subsection (a) of
this Section”
739.180(a) Board Changed “this Subpart” to “this Subpart H”
739.181(a) Board Changed plural “used oils that are” to singular “a used
oil that is”
739.181(b) Board Changed plural “used oils that are . . . wastes” to
singular “a used oil that is . . . waste”
739.182 Board Removed the subsection number from former
subsection (a); deleted the conditional parenthetical
“except when . . .”
739.182(b) Board Removed the unnecessary federal language relating to
authorization of a state for use of used oil on roads
739.182(c) Board Removed the unnecessary and erroneous reference to a
federal listing of states authorized to use used oil as a
dust suppressant on roads
HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION
EDITORIAL CONVENTIONS
It has previously been the practice of the Board to include an historical discussion in its
RCRA Subtitle C and UIC identical-in-substance rulemaking proposals. However, in the last
RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1, 1999
through Dec. 31, 1999), R00-13 (May 18, 2000), the Board indicated that it would cease this
practice. Therefore, for a complete historical summary of the Board’s RCRA Subtitle C and UIC
rulemakings and programs, interested persons should refer back to the May 18, 2000 opinion and
order in R00-13.
The historical summary contains all Board actions taken to adopt and maintain these
programs since their inception and until May 18, 2000. It includes a listing of all site-specific
rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists
all USEPA program authorizations issued during that time frame. As necessary the Board will
continue to update the historical summary as a segment of the opinion in each RCRA Subtitle C
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and UIC update docket, but those opinions will not repeat the information contained in the
opinion of May 18, 2000, in docket R00-13.
The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste
and UIC programs since May 18, 2000:
History of RCRA Subtitle C and State Hazardous Waste Rules Adoption
The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the
following docket since May 18, 2000:
R00-13 RCRA Subtitle C Update, USEPA Regulations (July 1, 1999 through
December 31, 1999), R00-13 (May 18, 2000); published at 24 Ill.
Reg.9443 (July 7, 2000), effective June 20, 2000.
R01-3 RCRA Subtitle C Update, USEPA Regulations (January 1, 2000 through
June 30, 2000), R01-3 (December 7, 2000); published at 25 Ill. Reg. 1266
(Jan. 26, 2001), effective January 11, 2001.
R01-23 RCRA Subtitle C Update, USEPA Regulations (July 1, 2000 through
December 31, 2000), R01-23 (May 17, 2001); published at 25 Ill. Reg.
9108 (July 20, 2001), effective July 9, 2001. (Consolidated with UIC
update docket R01-21.)
R02-1 RCRA Subtitle C Update, USEPA Regulations (January 1, 2001 through
June 30, 2001), R02-1 (April, 18, 2002); published at 26 Ill. Reg. 6667
(May 3, 2002), effective April 22, 2002. (Consolidated with RCRA
Subtitle C Update docket R02-12 and UIC Update docket R02-17.)
R02-12 RCRA Subtitle C Update, USEPA Regulations (July 1, 2001 through
December 31, 2001), R02-12 (April, 18, 2002); published at 26 Ill. Reg.
6667 (May 3, 2002), effective April 22, 2002. (Consolidated with RCRA
Subtitle C Update docket R02-1 and UIC Update docket R02-17.)
R03-7 RCRA Subtitle C Update, USEPA Regulations (January 1, 2002 through
June 30, 2002), R03-7 (January 9, 2003); published at 27 Ill. Reg. 3496,
effective February 14, 2003.
R03-18 RCRA Subtitle C Update, USEPA Regulations (July 1, 2002 through
December 31, 2002), R03-7 (June 5, 2003); published at 27 Ill. Reg.
12683, effective July 17, 2003.
R04-6 RCRA Subtitle C Update, USEPA Regulations (January 1, 2003 through
June 30, 2003), R04-6 (August 7, 2003). (Dismissed because no federal
actions in the period.)
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R04-16 RCRA Subtitle C Update, USEPA Regulations (July 1, 2003 through
December 31, 2003). (This docket.)
The Board has taken other actions since May 18, 2000 relating to administration of the
Illinois hazardous waste program. The Board has made solid waste determinations by granting
the following adjusted standards:
AS 01-7 Petition of Progressive Environmental Services, Inc. for an Adjusted
Standard under 35 Ill. Adm. Code 720.131(c), AS 02-7 (January 10, 2002)
(used automotive antifreeze).
AS 02-2 Petition of World Recycling, Inc. d/b/a Planet Earth Antifreeze for an
Adjusted Standard under 35 Ill. Adm. Code 720.131, AS 02-2 (May 2,
2002) (used automotive antifreeze).
History of UIC Rules Adoption
The Board has adopted and amended Underground Injection Control (UIC) regulations in
the following dockets since May 18, 2000:
R00-11 UIC Update, USEPA Regulations (July 1, 1999 through Dec. 31, 1999),
R00-11 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Decenber 22,
2001), effective December 7, 2001. (Consolidated with docket R01-1.)
R01-1 UIC Update, USEPA Regulations (Jan. 1, 2000 through June 30, 2000),
R01-1 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (December 22,
2001), effective December 7, 2001. (Consolidated with docket R00-11.)
R01-21 UIC Update, USEPA Regulations (July 1, 2000 through Dec. 31, 2000),
R01-21 (May 17, 2001); published at 25 Ill. Reg. 9108 (July 20, 2001),
effective July 9, 2001. (Consolidated with UIC update docket R01-23.)
R02-17 UIC Update, USEPA Regulations (July 1, 2001 through Dec. 31, 2001),
R02-17 (Apr. 18, 2002); published at 26 Ill. Reg. 6667 (May 3, 2002),
effective April 22, 2002. (Consolidated with RCRA Subtitle C Update
dockets R02-1 and R02-12.)
R03-5 UIC Update, USEPA Regulations (January 1, 2002 through June 30,
2002), R03-5 (August 8, 2002). (Dismissed because no federal actions in
the period.)
R03-16 UIC Update, USEPA Regulations (July 1, 2002 through December 31,
2002), R03-16 (February 6, 2003). (Dismissed because no federal actions
in the period.)
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R04-4 UIC Update, USEPA Regulations (January 1, 2003 through June 30,
2003), R04-4 (August 7, 2003). (Dismissed because no federal actions in
the period.)
R04-14 UIC Update, USEPA Regulations (July 1, 2003 through December 31,
2003), R04-14 (March 4, 2004). (Dismissed because no federal actions in
the period.)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion on April 1, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
