FIRST DRAFT (5/6/98 by MJM)

SUMMARY OF TODAY’S ACTION
1. Tabulations of Deviations from the Federal Text and

ILLINOIS POLLUTION CONTROL BOARD

June 17, 2004

IN THE MATTER OF:	)
	)
RCRA SUBTITLE C UPDATE, USEPA	)	R04-16
AMENDMENTS (July 1, 2003 through	)	(Identical-in-Substance
December 31, 2003)	)	Rulemaking - Land)

Adopted Rule. Final Order.

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

SUMMARY OF TODAY’S ACTION

This identical-in-substance rulemaking updates 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 adopts amendments to 35 Ill. Adm. Code 721 and 739. This rulemaking also makes 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.

The Board will file the adopted amendments with the Office of the Secretary of State 30 days after the date of this order, after which they will be published in the Illinois Register. This delay is specifically to allow USEPA time to review and comment on the adopted amendments before they are filed and become effective.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following listing briefly summarizes the federal actions considered in this RCRA Subtitle C update rulemaking:

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.

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 adoption, 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.

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 action that forms the basis for Board action in this update docket is the following:

July 30, 2003 (68 Fed. Reg. 44659)

Corrective and clarifying amendments to the used oil management standards

PUBLIC COMMENTS

The Board proposed the present amendments for public comment by an opinion and order dated April 1, 2004. Notices of Proposed Amendments appeared in the April 23, 2004 issue of the Illinois Register, at 28 Ill. Reg. 6300 (Part 721) and 6313 (Part 739). The Board received public comments on this proposal for 45 days following the publication, until June 7, 2004. The Board now adopts the amendments.

During the public comment period, the Board received the following documents:

Line Numbered Version from the Joint Committee on Administrative Rules (JCAR), received April 19, 2004 for each of Parts 721 and 739.

PC 1	Letter to Michael J. McCambridge, Staff Attorney, from C. Michael Perkins, Environmental Project Manager, Drycleaner Environmental Response Trust Fund of Illinois, dated April 26, 2004.

A limited number of changes to the text of the amendments resulted from examination of the JCAR document. Those changes are included in the table that begins on page 23 of this opinion.

In PC 1, the Drycleaner Environmental Response Trust Fund of Illinois requests that the Board add “professional geologist” to the listing of professional skills that may be required for compliance with the RCRA regulations. The comment suggests changes to the Board’s response to question 12. C. in each Notice of Proposed Amendments that appears in the Illinois Register questionnaire. This is not a segment of the rules themselves. No revision to the present amendments is necessary based on PC 1. The Board will, however, be mindful of inclusion of “professional geologist” in its answers where USEPA has determined such skills are necessary to achieve compliance with the RCRA requirements. ¹

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 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 revisions made in the federal text in adapting it into the State regulations.

The Board requested public comment on the incorporation of the July 30, 2003 federal amendments to the used oil management rule. The Board received no comments on this aspect of the proposal.

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. ²

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 8 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. 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 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 3 of this opinion. Table 3 (beginning on page 23 below) is a listing of revisions made to the text of the amendments from that proposed and set forth in the Board’s opinion and order of April 1, 2004. Table 3 indicates the changes made, as well as the source that suggested each of the changes. Table 4 (on page 25 below) indicates suggested revisions that the Board has not made in adopting these amendments. Each entry gives a brief explanation why the Board did not incorporate the suggested change.

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”
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, JCAR	Changed “Aboveground” to lower-case “aboveground”; changed “the above definition” to “this definition of aboveground tank”
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, JCAR	Changed “the above definition” to “this definition of existing tank”
739.100 “household ‘do-it-yourselfer’ used oil” Board note	JCAR	Changed the single quotation marks on “do-it-yourselfer” to double quotation marks
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, JCAR	Changed “which” to “that” for a restrictive relative clause; changed “the above definition” to “this definition of new tank”
739.100 “processing”	Board	Added “the following”
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, JCAR	Removed the unnecessary comma from before “or any synthetic oil” that separated a two-element series; removed the unnecessary comma after “synthetic oil” that separated a restrictive relative clause
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, JCAR	Added “the material”; changed “is not used oil, and thus, it is not” to “is not used oil, so it is not”
739.110(c)(1)(B)	Board	Added “the material”
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”
739.110(i)	JCAR	Corrected “40 CFR Part 761” to “40 CFR 761”
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, JCAR	Removed the tab from the let column entry for “total halogen”; removed the unnecessary ending period from each line (six times)
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”
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)(2)(B)(ii)	JCAR	Changed “U.S.C.” to “USC”
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, JCAR	Changed plural “used oil generators are” to singular “a used oil generator 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, JCAR	Changed plural “generators . . . are” to singular “a generator . . . is”; 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”
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”
739.140(d)(2)	Board, JCAR	Changed plural “transporters that process or re-refine” to singular “a transporter that processes or re-refines”; 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, JCAR	Changed plural “transporters that direct . . . their . . . claim” to singular “a transporter that directs . . . its . . . claims”; 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”
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
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
739.150(b)(1)	Board, JCAR	Changed plural “processors who generate” to singular “a processor that generates”; added “of the following”; changed “Region V” to “Region 5”
739.150(b)(2)	Board, JCAR	Changed plural “processors who transport” to singular “a processor that transports”; updated the address of the Illinois EPA
739.150(b)(3)	Board	Changed plural “processors who direct” to singular “a processor that directs”
739.150(b)(4)	Board	Changed plural “processors who burn” to singular “a processor that burns”
739.150(b)(5)	Board	Changed plural “processors who dispose” to singular “a processor that disposes”
739.151(a)	Board, JCAR	Changed “shall” to “must”; deleted the unnecessary conjunction “and” from before “obtain”; changed “U.S. EPA” to “USEPA”
739.151(b)(1)	Board, JCAR	Changed “U.S. EPA” to “USEPA” (twice); changed “Region V” to “Region 5”; added “of the following”
739.151(b)(1)(A)	Board	Changed “U.S. EPA” to “USEPA” (twice)
739.151(b)(1)(B)	Board	Changed “U.S. EPA” to “USEPA” (twice)
739.151(b)(2)	Board	Updated the Illinois EPA address
739.152 heading	Board	Changed “facility standards” to capitalized “Facility Standards”
739.152(a)	Board, JCAR	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(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, JCAR	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, JCAR	Changed singular “a copy” to plural “copies”; added “disposed of as follows”
739.152(b)(4)	Board	Added “one of the following occurs”
739.152(b)(4)(C)	Board	Changed the en-dashes before and after “in its design . . . circumstances” to em-dashes
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”
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”
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)(1)	JCAR, Board	Changed the ending period to a semicolon
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, JCAR	Added “the following must be specified” 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”
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, JCAR	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 “an U.S. EPA” to “a 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, JCAR	Changed plural “used oil burners . . . they . . . comply” to “a used oil burner . . . it . . . complies”
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, JCAR	Changed capitalized “To” to lower-case “to”; changed “EPA” to “USEPA” (twice)
739.162(b)(2)	Board, JCAR	Changed “an EPA” to “a 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
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, JCAR	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 . . . are” to singular “a processor that burns . . . is”; 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”; corrected the spelling “incidently” to “incidentally”; 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”
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

Table 3:

Revisions to the Text of the Proposed Amendments in Final Adoption

Section Revised	Source(s) of Revision(s)	Revision(s)
739.100 “aboveground tank” Board note	JCAR	Changed “the definition of this Section” to “this definition of aboveground tank”
739.100 “existing tank” Board note	JCAR	Changed “the definition of this Section” to “this definition of existing tank”
739.100 “household ‘do-it-yourselfer’ used oil” Board note	JCAR	Changed the single quotation marks on “do-it-yourselfer” to double quotation marks
739.100 “new tank” Board note	JCAR	Changed “the definition of this Section” to “this definition of new tank”
739.100 “used oil”	JCAR	Removed the unnecessary comma after “synthetic oil” that separated a restrictive relative clause
739.110(c)(1)(A)	JCAR, Board	Changed “is not used oil, and thus, it is not” to “is not used oil, so it is not”
739.110(i)	JCAR	Corrected “40 CFR Part 761” to “40 CFR 761”
739.111 table	JCAR	Removed the unnecessary ending period from each line (six times)
739.120(b)(2)(B)(ii)	JCAR	Changed “U.S.C.” to “USC”
739.122 preamble	JCAR	Corrected plural “generators” to singular “generator” (twice)
739.124 preamble	JCAR	Corrected plural “their” to singular “its”
739.140(d)(2)	JCAR	Corrected plural “re-refine” to singular “re-refines”
739.140(d)(4)	JCAR	Corrected plural “their . . . claim” to singular “its . . . claims”
739.150(b)(1)	JCAR	Corrected plural “processors” to singular “processor”
739.150(b)(2)	JCAR	Corrected plural “processors” to singular “processor”
739.151(a)	JCAR	Deleted the unnecessary conjunction “and” from before “obtain”
739.151(b)(1)	JCAR	Corrected the spelling of “followng” to “following”
739.152(a)	JCAR	Corrected plural “owners” to singular “owner”
739.152(b)	JCAR	Corrected plural “owners” to singular “owner”
739.152(b)(3)	JCAR	Corrected “disposed” to “disposed of”
739.152(b)(4)(C)	Board	Corrected the en-dash before “in its design” to an em-dash
739.155(a)(1)	JCAR, Board	Changed the ending period to a semicolon
739.155(b)(2)	JCAR, Board	Added “must be specified”
739.157(a)(2)(B)	JCAR	Added overstruck “an” to indicate deletion of text on file
739.158	JCAR	Corrected the indefinite article “an” to “a” before “USEPA”
739.161(b)(1)	JCAR	Changed plural “they also comply” to singular “it also complies”
739.162(b)	JCAR	Corrected the spelling of “followng” to “following”
739.162(b)(1)	JCAR	Changed capitalized “To” to lower-case “to”
739.162(b)(2)	JCAR	Corrected the indefinite article “an” to “a” before “USEPA” (twice)
739.164(d)(1)(A)	JCAR	Corrected the spelling of “followng” to “following”
739.170(b)(1)	JCAR	Corrected plural “are” to singular “is”; corrected the spelling “incidently” to “incidentally”
739.181(a)	JCAR	Corrected “use oil” to “used oil”
739.181(b)	JCAR	Corrected “use oil” to “used oil”

Table 4

Requested Revisions to the Text of the Proposed Amendments Not Made in Final Adoption

Section Affected	Source(s) of Request: Requested Revision(s)	Explanation
739.100 “used oil”	JCAR: Add the conjunction “and” before “that has been”	Adding the conjunction could shift the meaning of the sentence
739.122(d) Board note	JCAR: Change capitalized “State” to lower-case “state”	The first appearance is capitalized in a direct quotation of federal text; the second is a hypothetical alternative quotation
739.145(h) Board note	JCAR: Change capitalized “State” to lower-case “state”	The first appearance is capitalized in a direct quotation of federal text; the second is a hypothetical alternative quotation
739.152(b)(4)(C)	JCAR: Remove the underlined dash that would change an en-dash to an em-dash	An en-dash is on file, and correction to an em-dash is appropriate to offset an explanatory or defining phrase
739.152(b)(5) Board note	JCAR: Replace the brackets on “subsection (b)(6) of this Section” with parentheses	Brackets are the appropriate punctuation to show an insertion or substitution in quoted material
739.152(b)(6)(H)(iii)	JCAR: Remove the subsection designation “(iii)” and return to the indent level of subsection (b)(6)(H)	The subsection designation “(b)(6)(H)(iii)” directly follows “(b)(6)(viii)(C)” in the corresponding federal rule
739.154(g) Board note	JCAR: Change capitalized “State” to lower-case “state”	The first appearance is capitalized in a direct quotation of federal text; the second is a hypothetical alternative quotation
739.164(g) Board note	JCAR: Change capitalized “State” to lower-case “state”	The first appearance is capitalized in a direct quotation of federal text; the second is a hypothetical alternative quotation

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 December 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 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 (Dec. 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 (Apr., 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 (Apr., 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 (Jan. 9, 2003); published at 27 Ill. Reg. 3496 (Feb. 28, 2003), 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 (Aug. 1, 2003), effective July 17, 2003.

R04-6	RCRA Subtitle C Update, USEPA Regulations (January 1, 2003 through June 30, 2003), R04-6 (Aug. 7, 2003). (Dismissed because no federal actions in the period.)

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 December 31, 1999), R00-11 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Dec. 22, 2001), effective December 7, 2001. (Consolidated with docket R01-1.)

R01-1	UIC Update, USEPA Regulations (January 1, 2000 through June 30, 2000), R01-1 (Dec. 7, 2000); published at 25 Ill. Reg. 18585 (Dec. 22, 2001), effective December 7, 2001. (Consolidated with docket R00-11.)

R01-21	UIC Update, USEPA Regulations (July 1, 2000 through December 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 December 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 (Aug. 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 (Feb. 6, 2003). (Dismissed because no federal actions in the period.)

R04-4	UIC Update, USEPA Regulations (January 1, 2003 through June 30, 2003), R04-4 (Aug. 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 (Mar. 4, 2004). (Dismissed because no federal actions in the period.)

ORDER

The complete text of the proposed amendments follows:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101	Purpose and Scope
721.102	Definition of Solid Waste
721.103	Definition of Hazardous Waste
721.104	Exclusions
721.105	Special Requirements for Hazardous Waste Generated by Small Quantity Generators
721.106	Requirements for Recyclable Materials
721.107	Residues of Hazardous Waste in Empty Containers
721.108	PCB Wastes Regulated under TSCA
721.109	Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110	Criteria for Identifying the Characteristics of Hazardous Waste
721.111	Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120	General
721.121	Characteristic of Ignitability
721.122	Characteristic of Corrosivity
721.123	Characteristic of Reactivity
721.124	Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130	General
721.131	Hazardous Wastes from Nonspecific Sources
721.132	Hazardous Waste from Specific Sources
721.133	Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof
721.135	Wood Preserving Wastes
721.138	Comparable or Syngas Fuel Exclusion

721.Appendix A	Representative Sampling Methods
721.Appendix B	Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)
721.Appendix C	Chemical Analysis Test Methods
Table A	Analytical Characteristics of Organic Chemicals (Repealed)
Table B	Analytical Characteristics of Inorganic Species (Repealed)
Table C	Sample Preparation/Sample Introduction Techniques (Repealed)
721.Appendix G	Basis for Listing Hazardous Wastes
721.Appendix H	Hazardous Constituents
721.Appendix I	Wastes Excluded by Administrative Action
Table A	Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from Non-Specific Sources
Table B	Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from Specific Sources
Table C	Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from Commercial Chemical Products, Off-Specification Species, Container Residues, and Soil Residues Thereof
Table D	Wastes Excluded by the Board by Adjusted Standard
721.Appendix J	Method of Analysis for Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (Repealed)
721.Appendix Y	Table to Section 721.138
721.Appendix Z	Table to Section 721.102

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg. 2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12, 1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998, effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986; amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg. 19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January 15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39 at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill. Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16 Ill. Reg. 2155, effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3, 1992; amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6584, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July 17, 2003; amended in R04-16 at 28 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 721.105	Special Requirements for Hazardous Waste Generated by Small Quantity Generators

a)	A generator is a conditionally exempt small quantity generator in a calendar month if it generates no more than 100 kilograms of hazardous waste in that month.

b)	Except for those wastes identified in subsections (e), (f), (g), and (j) of this Section, a conditionally exempt small quantity generator’s hazardous wastes are not subject to regulation under 35 Ill. Adm. Code 702, 703, 722 through 726, and 728, and the notification requirements of section 3010 of Resource Conservation and Recovery Act, provided the generator complies with the requirements of subsections (f), (g), and (j) of this Section.

c)	When making the quantity determinations of this Part and 35 Ill. Adm. Code 722, the generator must include all hazardous waste that it generates, except the following hazardous waste:

1)	Hazardous waste that is exempt from regulation under Section 721.104(c) through (f), 721.106(a)(3), 721.107(a)(1), or 721.108;

2)	Hazardous waste that is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities, as defined in 35 Ill. Adm. Code 720.110;

3)	Hazardous waste that is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under Section 721.106(c)(2);

4)	Hazardous waste that is used oil managed under the requirements of Section 721.106(a)(4) and 35 Ill. Adm. Code 739;

5)	Hazardous waste that is spent lead-acid batteries managed under the requirements of Subpart G of 35 Ill. Adm. Code 726; and

6)	Hazardous waste that is universal waste managed under Section 721.109 and 35 Ill. Adm. Code 733.

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

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

2)	Hazardous waste produced by on-site treatment (including reclamation) of its hazardous waste so long as the hazardous waste that is treated was counted once;

3)	Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

If a generator generates acute hazardous waste in a calendar month in quantities greater than those set forth ~~below~~ in subsections (e)(1) and (e)(2) of this Section, all quantities of that acute hazardous waste are subject to full regulation under 35 Ill. Adm. Code 702, 703, 722 through 726, and 728, and the notification requirements of section 3010 of the Resource Conservation and Recovery Act:.

1)	A total of one kilogram of one or more of the acute hazardous wastes listed in Section 721.131, 721.132, or 721.133(e); or

2)	A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any one or more of the acute hazardous wastes listed in Section 721.131, 721.132, or 721.133(e).

BOARD NOTE: “Full regulation” means those regulations applicable to generators of greater than 1000 kg of non-acute hazardous waste in a calendar month.

f)	In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in subsection (e)(1) or (e)(2) of this Section to be excluded from full regulation under this Section, the generator must comply with the following requirements:

1)	35 Ill. Adm. Code 722.111.

2)	The generator may accumulate acute hazardous waste on-site. If the generator accumulates at any time acute hazardous wastes in quantities greater than set forth in subsection (e)(1) or (e)(2) of this Section, all of those accumulated wastes are subject to regulation under 35 Ill. Adm. Code 702, 703, 722 through 726, and 728, and the applicable notification requirements of section 3010 of the Resource Conservation and Recovery Act. The time period of 35 Ill. Adm. Code 722.134(a), for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exclusion limit.

3)	A conditionally exempt small quantity generator may either treat or dispose of its acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, any of which, if located in the United States, meets any of the following conditions:

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

B)	The facility has interim status under 35 Ill. Adm. Code 702, 703, and 725;

C)	The facility is authorized to manage hazardous waste by a state with a hazardous waste management program approved by USEPA pursuant to 40 CFR 271;

D)	The facility is permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill facility, the landfill is subject to 35 Ill. Adm. Code 810 through 814 or 40 CFR 258;

E)	The facility is permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, the unit is subject to the requirements of 40 CFR 257.5 through 257.30;

BOARD NOTE: The Illinois non-hazardous waste landfill regulations, 35 Ill. Adm. Code 810 through 814, do not allow the disposal of hazardous waste in a landfill regulated under those rules. The Board intends that subsections (f)(3)(D) and (f)(3)(E) of this Section impose a federal requirement on the hazardous waste generator. The Board specifically does not intend that these subsections authorize any disposal of conditionally-exempt small quantity generator waste in a landfill not specifically permitted to accept the particular hazardous waste.

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

i)	It beneficially uses or reuses or legitimately recycles or reclaims its waste; or

ii)	It treats its waste prior to beneficial use or reuse or legitimate recycling or reclamation; or

G)	For universal waste managed under 35 Ill. Adm. Code 733 or 40 CFR 273, the facility is a universal waste handler or destination facility subject to the requirements of 35 Ill. Adm. Code 733 or 40 CFR 273.

g)	In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this Section, the generator must comply with the following requirements:

1)	35 Ill. Adm. Code 722.111;

2)	The conditionally exempt small quantity generator may accumulate hazardous waste on-site. If it accumulates at any time more than a total of 1000 kilograms of the generator’s hazardous waste, all of those accumulated wastes are subject to regulation under the special provisions of 35 Ill. Adm. Code 722 applicable to generators of between 100 kg and 1000 kg of hazardous waste in a calendar month, as well as the requirements of 35 Ill. Adm. Code 702, 703, 723 through 726, and 728, and the applicable notification requirements of Section 3010 of the Resource Conservation and Recovery Act. The time period of 35 Ill. Adm. Code 722.134(d) for accumulation of wastes on-site begins for a small quantity generator when the accumulated wastes exceed 1000 kilograms;

3)	A conditionally exempt small quantity generator may either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, any of which, if located in the United States, meets any of the following conditions:

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

B)	The facility has interim status under 35 Ill. Adm. Code 702, 703, and 725;

C)	The facility is authorized to manage hazardous waste by a state with a hazardous waste management program approved by USEPA under 40 CFR 271 (2002);

D)	The facility is permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill facility, the landfill is subject to 35 Ill. Adm. Code 810 through 814 or 40 CFR 258;

E)	The facility is permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, the unit is subject to the requirements of 40 CFR 257.5 through 257.30;

BOARD NOTE: The Illinois non-hazardous waste landfill regulations, 35 Ill. Adm. Code 810 through 814, do not allow the disposal of hazardous waste in a landfill regulated under those rules. The Board intends that subsections (g)(3)(D) and (g)(3)(E) of this Section impose a federal requirement on the hazardous waste generator. The Board specifically does not intend that these subsections authorize any disposal of conditionally-exempt small quantity generator waste in a landfill not specifically permitted to accept the particular hazardous waste.

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

i)	It beneficially uses or re-uses, or legitimately recycles or reclaims the small quantity generator’s waste; or

ii)	It treats its waste prior to beneficial use or re-use or legitimate recycling or reclamation; or

G)	For universal waste managed under 35 Ill. Adm. Code 733 or 40 CFR 273, the facility is a universal waste handler or destination facility subject to the requirements of 35 Ill. Adm. Code 733 or 40 CFR 273.

h)	Hazardous waste subject to the reduced requirements of this Section may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this Section, unless the mixture meets any of the characteristics of hazardous wastes identified in Subpart C of this Part.

i)	If a small quantity generator mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this Section, the mixture is subject to full regulation.

j)	If a conditionally exempt small quantity generator’s hazardous wastes are mixed with used oil, the mixture is subject to 35 Ill. Adm. Code 739 ~~if it is destined to be burned for energy recovery~~. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated ~~if it is destined to be burned for energy recovery~~.

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

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 739

STANDARDS FOR THE MANAGEMENT OF USED OIL

SUBPART A: DEFINITIONS

Section

739.100	Definitions

SUBPART B: APPLICABILITY

Section

739.110	Applicability
739.111	Used ~~oil specifications~~ Oil Specifications
739.112	Prohibitions

SUBPART C: STANDARDS FOR USED OIL GENERATORS

Section

739.120	Applicability
739.121	Hazardous ~~waste mixing~~ Waste Mixing
739.122	Used ~~oil storage~~ Oil Storage
739.123	~~On-site burning~~ On-Site Burning in ~~space heaters~~ Space Heaters
739.124	~~Off-site shipments~~Off-Site Shipments

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS AND AGGREGATION POINTS

Section

739.130	~~Do-it-yourselfer used oil collection centers~~Do-It-Yourselfer Used Oil Collection Centers
739.131	Used ~~oil collection centers~~ Oil Collection Centers
739.132	Used ~~oil aggregate points owned~~ Oil Aggregate Points Owned by the ~~generator~~ Generator

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES

Section

739.140	Applicability
739.141	Restrictions on ~~transporters~~ Transporters that ~~are not also processors~~ Are Not Also Processors
739.142	Notification
739.143	Used ~~oil transportation~~ Oil Transportation
739.144	Rebuttable ~~presumption~~ Presumption for ~~used oil~~ Used Oil
739.145	Used ~~oil storage~~ Oil Storage at ~~transfer facilities~~ Transfer Facilities
739.146	Tracking
739.147	Management of ~~residues~~ Residues

SUBPART F: STANDARDS FOR USED OIL PROCESSORS

Section

739.150	Applicability
739.151	Notification
739.152	General ~~facility standards~~ Facility Standards
739.153	Rebuttable ~~presumption~~ Presumption for ~~used oil~~ Used Oil
739.154	Used ~~oil management~~ Oil Management
739.155	Analysis ~~plan~~ Plan
739.156	Tracking
739.157	Operating ~~record and reporting~~ Record and Reporting
739.158	~~Off-site shipments~~ Off-Site Shipments of ~~used oil~~ Used Oil
739.159	Management of ~~residues~~ Residues

SUBPART G: STANDARDS FOR USED OIL BURNERS THAT BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY

Section

739.160	Applicability
739.161	Restriction on ~~burning~~ Burning
739.162	Notification
739.163	Rebuttable ~~presumption~~ Presumption for ~~used oil~~ Used Oil
739.164	Used ~~oil storage~~ Oil Storage
739.165	Tracking
739.166	Notices
739.167	Management of ~~residues~~ Residues

SUBPART H: STANDARDS FOR USED OIL FUEL MARKETERS

Section

739.170	Applicability
739.171	Prohibitions
739.172	~~On-specification used oil fuel~~On-Specification Used Oil Fuel
739.173	Notification
739.174	Tracking
739.175	Notices

SUBPART I: STANDARDS FOR USE AS A DUST SUPPRESSANT DISPOSAL OF USED OIL

Section

739.180	Applicability
739.181	Disposal
739.182	Use as As a ~~dust suppressant~~ Dust Suppressant

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6931, effective April 26, 1994; amended in R94-17 at 18 Ill. Reg. 17616, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 10036, effective June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 767, effective December 16, 1997; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2274, effective January 19, 1999; amended in R04-16 at 28 Ill. Reg. ________, effective ______________________.

SUBPART A: DEFINITIONS

Section 739.100	Definitions

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

“Aboveground tank” means a tank used to store or process used oil that is not an underground storage tank, as defined in 35 Ill. Adm. Code 280.12.

BOARD NOTE: This definition is different from the definition for “~~Aboveground~~ aboveground tank” given in 35 Ill. Adm. Code 720.110. Although the meanings are similar, the main distinction is that the definition for this Part limits the tanks to those used to store or process used oil, whereas the 720.110 definition contemplates tanks that contain hazardous wastes. ~~The above~~ This definition of aboveground tank is limited to this Part only.

“Container” means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

“Do-it-yourselfer used oil collection center” means any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers.

“Existing tank” means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation ~~has~~ had commenced on or prior to ~~the effective date of the authorized used oil program for the State in which the tank is located~~ October 4, 1996. Installation will be considered to have commenced if the owner or operator ~~has~~ had obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either of the following had occurred:

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

The owner or operator ~~has~~ had entered into contractual obligations that cannot be canceled or modified without substantial loss for installation of the tank to be completed within a reasonable time.

BOARD NOTE: This definition is similar to the definition for “Existing tank system” in 35 Ill. Adm. Code 720.110. Although the meanings are similar, the definition given above for “existing tank” in this Part limits the tanks to those used to store or process used oil, whereas the 720.110 definition contemplates tanks systems that contain hazardous wastes. ~~The above~~ This definition of existing tank is limited to this Part only.

“Household ‘do-it-yourselfer’ used oil” means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles.

BOARD NOTE: Household ‘“do-it-yourselfer’” used oil is not subject to the State’s special waste hauling permit requirements under Part 809.

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

“New tank” means a tank that will be used to store or process used oil and for which installation ~~has~~ had commenced after ~~the effective date of the authorized used oil program for the State in which the tank is located~~ October 4, 1996.

BOARD NOTE: This definition is similar to the definition given for “New tank system” given in 35 Ill. Adm. Code 720.110. Although the meanings are similar, the definition given above for “new tank” in this Part limits the tanks to those used to store or process used oil, whereas the 720.110 definition contemplates new tanks systems ~~which~~ that contain hazardous wastes. ~~The above~~ This definition of new tank is limited to this Part only.

“Petroleum refining facility” means an establishment primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants, through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other processes (i.e., facilities classified as SIC 2911).

“Processing” means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to the following: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation, and re-refining.

“Re-refining distillation bottoms” means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

“Tank” means any stationary device, designed to contain an accumulation of used oil ~~which~~ that is constructed primarily of non-earthen materials, (e.g., wood, concrete, steel, plastic) which ~~provides~~ provide structural support.

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.

“Used oil aggregation point” means any site or facility that accepts, aggregates, or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. Used oil aggregation points may also accept used oil from household do-it-yourselfers.

“Used oil burner” means a facility where used oil not meeting the specification requirements in Section 739.111 is burned for energy recovery in devices identified in Section 739.161(a).

“Used oil collection center” means any site or facility that is registered by the Agency to manage used oil and accepts or aggregates and stores used oil collected from used oil generators regulated under Subpart C of this Part that bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of Section 739.124. Used oil collection centers may also accept used oil from household do-it-yourselfers.

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

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

First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111.

“Used oil generator” means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

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

“Used oil transfer facility” means any transportation-related facility including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to Section 739.120(b)(2). Transfer facilities that store used oil for more than 35 days are subject to regulation under Subpart F of this Part.

“Used oil transporter” means any person that transports used oil, any person that collects used oil from more than one generator and that transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

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

SUBPART B: APPLICABILITY

Section 739.110	Applicability

This Section identifies those materials ~~which~~ that are subject to regulation as used oil under this Part. This Section also identifies some materials that are not subject to regulation as used oil under this Part, and indicates whether these materials may be subject to regulation as hazardous waste under 35 Ill. Adm. Code 702, 703, 720 through 726, and 728.

a)	Used oil. ~~USEPA presumes that used~~ Used oil is presumed to be recycled, unless a used oil handler disposes of used oil, or sends used oil for disposal. Except as provided in Section 739.111, the regulations of this Part apply to used oil, and to materials identified in this Section as being subject to regulation as used oil, whether or not the used oil or material exhibits any characteristics of hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721~~.Subpart C~~.

b)	Mixtures of used oil and hazardous waste.

1)	Listed hazardous waste.

A)	A mixture of used oil and hazardous waste that is listed in Subpart D of 35 Ill. Adm. Code 721~~.Subpart D~~ is subject to regulation as hazardous waste under 35 Ill. Adm. Code 703, 720 through 726, and 728, rather than as used oil under this Part.

B)	Rebuttable presumption for used oil. Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721~~.Subpart D~~. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, ~~Edition III~~ incorporated by reference in 35 Ill. Adm. Code 720.111, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix H of 35 Ill. Adm. Code 721~~.Appendix H~~). USEPA Publication SW-846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, (202) 783-3238 (document number 955-001-00000-1).

i)	~~The~~ This rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in Section 739.124(c), to reclaim metalworking oils or fluids. ~~The~~ This presumption does apply to metalworking oils or fluids if such oils or fluids are recycled in any other manner, or disposed.

ii)	~~The~~ This rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. ~~The~~ This rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

Characteristic hazardous waste. A mixture of used oil and hazardous waste that exhibits a hazardous waste characteristic identified in Subpart C of 35 Ill. Adm. Code 721~~.Subpart C~~ and a mixture of used oil and hazardous waste that is listed in Subpart D of this Part solely because it exhibits one or more of the characteristics of hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721~~.Subpart C~~ is subject to the following:

A)	Except as provided in subsection (b)(2)(C) of this Section, regulation as hazardous waste under 35 Ill. Adm. Code 703, 720 through 726, and 728 rather than as used oil under this Part, if the resultant mixture exhibits any characteristics of hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721~~.Subpart C~~; or

B)	Except as provided in subsection (b)(2)(C) of this Section, regulation as used oil under this Part, if the resultant mixture does not exhibit any characteristics of hazardous waste identified under Subpart C of 35 Ill. Adm. Code 721~~.Subpart C~~.

C)	Regulation as used oil under this Part, if the mixture is of used oil and a waste ~~which~~ that is hazardous solely because it exhibits the characteristic of ignitability (e.g., ignitable-only mineral spirits), provided that the resultant mixture does not exhibit the characteristic of ignitability under 35 Ill. Adm. Code 721.121.

3)	Conditionally exempt small quantity generator hazardous waste. A mixture of used oil and conditionally exempt small quantity generator hazardous waste regulated under 35 Ill. Adm. Code 721.105 is subject to regulation as used oil under this Part.

c)	Materials containing or otherwise contaminated with used oil.

1)	Except as provided in subsection (c)(2) of this Section, the following is true of a material containing or otherwise contaminated with used oil from which the used oil has been properly drained or removed to the extent possible ~~such~~ so that no visible signs of free-flowing oil remain in or on the material:

A)	Is The material is not used oil, ~~and thus,~~ so it is not subject to this Part, and

B)	If applicable, the material is subject to the hazardous waste regulations of 35 Ill. Adm. Code 703, 705, 720 through 726, and 728.

2)	A material containing or otherwise contaminated with used oil that is burned for energy recovery is subject to regulation as used oil under this Part.

3)	Used oil drained or removed from materials containing or otherwise contaminated with used oil is subject to regulation as used oil under this Part.

d)	Mixtures of used oil with products.

1)	Except as provided in subsection (d)(2) of this Section, mixtures of used oil and fuels or other fuel products are subject to regulation as used oil under this Part.

2)	Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator’s own vehicles are not subject to this Part once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil is subject to the requirements of Subpart C of this Part.

e)	Materials derived from used oil.

1)	~~Materials~~ The following is true of materials that are reclaimed from used oil, ~~that~~ which are used beneficially, and which are not burned for energy recovery or used in a manner constituting disposal (e.g., re-refined lubricants) ~~are~~:

A)	~~Not~~ The materials are not used oil and thus are not subject to this Part, and

B)	~~Not~~ The materials are not solid wastes and are thus not subject to the hazardous waste regulations of 35 Ill. Adm. Code 703, 720 through 726, and 728, as provided in 35 Ill. Adm. Code 721.103(e)(1).

2)	Materials produced from used oil that are burned for energy recovery (e.g., used oil fuels) are subject to regulation as used oil under this Part.

3)	Except as provided in subsection (e)(4) of this Section, the following is true of materials derived from used oil that are disposed of or used in a manner constituting disposal ~~are~~:

A)	~~Not~~ The materials are not used oil and thus are not subject to this Part, and

B)	~~Are~~ The materials are solid wastes and thus are subject to the hazardous waste regulations of 35 Ill. Adm. Code 703, 720 through 726, and 728 if the materials are listed or identified as hazardous waste.

4)	Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products are not subject to this Part.

f)	Wastewater. Wastewater, the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the federal Clean Water Act (including wastewaters at facilities ~~which~~ that have eliminated the discharge of wastewater), contaminated with de minimis quantities of used oil are not subject to the requirements of this Part. For purposes of this subsection, “de minimis” quantities of used oils are defined as small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations or small amounts of oil lost to the wastewater treatment system during washing or draining operations. This exception will not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases, or to used oil recovered from wastewaters.

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

1)	Used oil mixed with crude oil or natural gas liquids (e.g., in a production separator or crude oil stock tank) for insertion into a crude oil pipeline is exempt from the requirements of this Part. The used oil is subject to the requirements of this Part prior to the mixing of used oil with crude oil or natural gas liquids.

2)	Mixtures of used oil and crude oil or natural gas liquids containing less than 1% one percent used oil that are being stored or transported to a crude oil pipeline or petroleum refining facility for insertion into the refining process at a point prior to crude distillation or catalytic cracking are exempt from the requirements of this Part.

3)	Used oil that is inserted into the petroleum refining process before crude distillation or catalytic cracking without prior mixing with crude oil is exempt from the requirements of this Part, provided that the used oil contains less than 1% one percent of the crude oil feed to any petroleum refining facility process unit at any given time. Prior to insertion into the petroleum refining process, the used oil is subject to the requirements of this Part.

4)	Except as provided in subsection (g)(5) of this Section, used oil that is introduced into a petroleum refining facility process after crude distillation or catalytic cracking is exempt from the requirements of this Part only if the used oil meets the specification of Section 739.111. Prior to insertion into the petroleum refining facility process, the used oil is subject to the requirements of this Part.

5)	Used oil that is incidentally captured by a hydrocarbon recovery system or wastewater treatment system as part of routine process operations at a petroleum refining facility and inserted into the petroleum refining facility process is exempt from the requirements of this Part. This exemption does not extend to used oil that is intentionally introduced into a hydrocarbon recovery system (e.g., by pouring collected used oil into the wastewater treatment system).

6)	Tank bottoms from stock tanks containing exempt mixtures of used oil and crude oil or natural gas liquids are exempt from the requirements of this Part.

h)	Used oil on vessels. Used oil produced on vessels from normal shipboard operations is not subject to this Part until it is transported ashore.

i)	Used oil containing PCBs. Used oil containing PCBs, as defined at 40 CFR 761.3, incorporated by reference at 35 Ill. Adm. Code 720.111(b), at any concentration less than 50 ppm is subject to the requirements of this Part unless, because of dilution, it is regulated under federal 40 CFR 761 as a used oil containing PCBs at 50 ppm or greater. ~~Used~~ PCB-containing used oil subject to the requirements of this Part may also be subject to the prohibitions and requirements of 40 CFR ~~Part~~ 761, including 40 CFR 761.20(d) and (e). Used oil containing PCBs at concentrations of 50 ppm or greater is not subject to the requirements of this Part, but is ~~solely~~ subject to regulation under federal 40 CFR 761. No person may avoid these provisions by diluting used oil containing PCBs, unless otherwise specifically provided for in this Part or federal 40 CFR 761.

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

Section 739.111	Used ~~oil specifications~~ Oil Specifications

Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this Part unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification shown in ~~Table 1~~ the following table. Once used oil that is to be burned for energy recovery has been shown not to exceed any specification and the person making that showing complies with Sections 739.172, 739.173, and 739.174(b), the used oil is no longer subject to this Part.

~~Table 1-~~Used Oil ~~Not exceeding Any~~ Specification ~~Level Is Not Subject to this Part~~ Levels When Burned for Energy Recovery¹

Constituent/property	Allowable level
Arsenic	5 ppm maximum.
Cadmium	2 ppm maximum.
Chromium	10 ppm maximum.
Lead	100 ppm maximum.
Flash point	100 °F minimum.
Total halogens	4,000 ppm maximum².

FOOTNOTE: ¹ The specification does not apply to mixtures of used oil and hazardous waste that continue to be regulated as hazardous waste (see Section 739.110(b)).

FOOTNOTE: ² Used oil containing more than 1,000 ppm total halogens is presumed to be a hazardous waste under the rebuttable presumption provided under Section 739.110(b)(1). Such used oil is subject to Subpart H of 35 Ill. Adm. Code 726~~.Subpart H~~, rather than this Part, when burned for energy recovery unless the presumption of mixing can be successfully rebutted.

NOTE: Applicable standards for the burning of used oil containing PCBs are imposed by 40 CFR 761.20(e).

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

Section 739.112	Prohibitions

a)	Surface impoundment prohibition. Used oil ~~shall~~ must not be managed in surface impoundments or waste piles, unless the units are subject to regulation under 35 Ill. Adm. Code 724 or 725.

b)	Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited~~, except when such activity takes place in one of the states listed in Section 739.182(c)~~.

c)	Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in only the following devices:

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

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

A)	Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;

B)	Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or

C)	Used oil-fired space heaters provided that the burner meets the provisions of Section 739.123.

3)	Hazardous waste incinerators subject to regulation under Subpart O of 35 Ill. Adm. Code 724~~.Subpart O~~ or 725~~.Subpart O~~.

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

SUBPART C: STANDARDS FOR USED OIL GENERATORS

Section 739.120	Applicability

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

1)	Household “do-it-yourselfer” used oil generators. Household “do-it-yourselfer” used oil generators are not subject to regulation under this Part.

2)	Vessels. Vessels at sea or at port are not subject to this Subpart C. For purposes of this Subpart C, used oil produced on vessels from normal shipboard operations is considered to be generated at the time it is transported ashore. The owner or operator of the vessel and the ~~person(s)~~ persons removing or accepting used oil from the vessel are co-generators of the used oil and are both responsible for managing the waste in compliance with this Subpart C once the used oil is transported ashore. The co-generators may decide among ~~them~~ themselves which party will fulfill the requirements of this Subpart C.

3)	Diesel fuel. Mixtures of used oil and diesel fuel mixed by the generator of the used oil for use in the generator’s own vehicles are not subject to this Part once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil fuel is subject to the requirements of this Subpart C.

4)	Farmers. Farmers who generate an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm in a calendar year are not subject to the requirements of this Part.

b)	Other applicable provisions. A used oil generator that conducts any of the following activities is subject to the requirements of other applicable provisions of this Part, as indicated in subsections (b)(1) through (b)(5) ~~below~~:

1)	A generator that transports used oil, except under the self-transport provisions of Section 739.124 (a) and (b), ~~shall~~ must also comply with ~~739.~~Subpart E of this Part.

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

A)	Except as provided in subsection (b)(2)(B) ~~below~~ of this Section, a generator that processes or re-refines used oil ~~shall~~ must also comply with ~~739.~~Subpart F of this Part.

B)	A generator that performs the following activities is not a used oil processor, provided that the used oil is generated on-site and is not being sent off-site to a burner of on- or off-specification used oil fuel:

i)	Filtering, cleaning, or otherwise reconditioning used oil before returning it for reuse by the generator;

ii)	Separating used oil from wastewater generated on-site to make the wastewater acceptable for discharge or reuse pursuant to Section 402 or 307(b) for the federal Clean Water Act (33 ~~U.S.C.~~ USC 1317 or 1342), 40 CFR 403 through 499, or 35 Ill. Adm. Code 310 or 309, governing the discharge of wastewaters;

iii)	Using oil mist collectors to remove small droplets of used oil from in-plant air to make plant air suitable for continued recirculation;

iv)	Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to Section 739.110(c); or

v)	Filtering, separating, or otherwise reconditioning used oil before burning it in a space heater pursuant to Section 739.123.

3)	A generator that burns off-specification used oil for energy recovery, except under the on-site space heater provisions of Section 739.123, ~~shall~~ must also comply with ~~739.~~Subpart G of this Part.

4)	A generator that directs shipments of off-specification used oil from their facility to a used oil burner or first claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111 ~~shall~~ must also comply with ~~739.~~Subpart H of this Part.

5)	A generator that disposes of used oil, including the use of used oil as a dust suppressant, ~~shall~~ must also comply with ~~739.~~Subpart I of this Part.

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

Section 739.121	Hazardous ~~waste mixing~~ Waste Mixing

a)	Mixtures of used oil and hazardous waste must be managed in accordance with Section 739.110(b).

b)	The rebuttable presumption for used oil of Section 739.110(b)(1)(B) applies to used oil managed by generators. Under the rebuttable presumption for used oil of Section 739.110(b)(1)(B), used oil containing greater than 1,000 ppm total halogens is presumed to be a hazardous waste and thus must be managed as hazardous waste and not as used oil unless the presumption is rebutted. However, the rebuttable presumption does not apply to certain metalworking oils and fluids and certain used oils removed from refrigeration units.

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

Section 739.122	Used ~~oil storage~~ Oil Storage

~~Used oil generators are~~ A used oil generator is subject to all applicable federal Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart C. ~~Used oil generators are~~ A used oil generator is also subject to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subpart C.

a)	Storage units. ~~Used oil generators shall~~ A used oil generator may not store used oil in units other than tanks, containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.

b)	Condition of units. ~~Containers~~ The following must be true of containers and aboveground tanks used to store used oil at a generator ~~facilities must be~~ facility:

1)	In The containers must be in good condition (no severe rusting, apparent structural defects or deterioration); and

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

c)	Labels.

1)	Containers and aboveground tanks used to store used oil at generator facilities must be labeled or marked clearly with the words “Used Oil.”

2)	Fill pipes used to transfer used oil into underground storage tanks at generator facilities must be labeled or marked clearly with the words “Used Oil.”

d)	Response to releases. Upon detection of a release of used oil to the environment that is not subject to the federal requirements of 40 CFR 280, Subpart F and which has occurred after October 4, 1996, a generator ~~shall~~ must perform the following cleanup steps:

BOARD NOTE: Corresponding 40 CFR 279.22(d) applies to releases that “occurred after the effective date of the authorized used oil program for the State in which the release is located.” The Board adopted the used oil standards in docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4, 1996. The Board has interpreted “the effective date of the authorized used oil program” to mean the October 4, 1996 date of federal authorization of the Illinois program, and we substituted that date for the federal effective date language. Had USEPA written something like “the effective date of the used oil program in the authorized State in which the release is located,” the Board would have used the November 22, 1993 effective date of the Illinois used oil standards.

1)	Stop the release;

2)	Contain the released used oil;

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

4)	If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

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

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

~~Generators~~ A generator may burn used oil in used oil-fired space heaters provided that the following conditions are fulfilled:

a)	The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourself used oil generators;

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

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

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

Section 739.124	~~Off-site shipments~~Off-Site Shipments

Except as provided in subsections (a) through (c) of this Section, ~~generators shall~~ a generator must ensure that ~~their~~ its used oil is transported only by transporters that have obtained a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification ~~numbers~~ number pursuant to 35 Ill. Adm. Code 809.

BOARD NOTE: A generator that qualifies for an exemption under Section 739.124(a) through (c) may still be subject to the State’s special waste hauling permit requirements under 35 Ill. Adm. Code 809.

Self-transportation of small amounts to registered collection centers. ~~Generators~~ A generator may transport, without a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number, used oil that is generated at the generator’s site and used oil collected from household do-it-yourselfers to a used oil collection center provided that the following conditions are fulfilled:

1)	The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;

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

3)	The generator transports the used oil to a used oil collection center that has registered by written notification with the Agency to manage used oil. This notification ~~shall~~ must include information sufficient for the Agency to identify, locate and communicate with the facility. The notification ~~shall~~ must be submitted on forms provided by the Agency.

b)	Self-transportation of small amounts to aggregation points owned by the generator. ~~Generators~~ A generator may transport, without a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number, used oil that is generated at the generator’s site to an aggregation point provided that the following conditions are fulfilled:

1)	The generator transports the used oil in a vehicle owned by the generator or owned by an employee of the generator;

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

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

Tolling arrangements. ~~Used oil generators~~ A used oil generator may arrange for used oil to be transported by a transporter without a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number if the used oil is reclaimed under a contractual agreement pursuant to which reclaimed oil is returned by the processor to the generator for use as a lubricant, cutting oil, or coolant. The contract (known as a “tolling arrangement”) must indicate the following information:

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

2)	That the vehicle used to transport the used oil to the processing facility and to deliver recycled used oil back to the generator is owned and operated by the used oil processor; and

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

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

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS AND AGGREGATION POINTS

Section 739.130	~~Do-it-yourselfer used oil collection centers~~Do-It-Yourselfer Used Oil Collection Centers

a)	Applicability. This Section applies to owners or operators of all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil collection center is any site or facility that accepts or aggregates and stores used oil collected only from household do-it-yourselfers.

b)	DIY used oil collection center requirements. Owners or operators of all DIY used oil collection centers must comply with the generator standards in Subpart C of this Part.

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

Section 739.131	Used ~~oil collection centers~~ Oil Collection Centers

Applicability. This Section applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts, aggregates or stores used oil collected from used oil generators regulated under Subpart C of this Part who bring used oil to the collection center in shipments of no more than 55 gallons under the provisions of Section 739.124(a). Used oil collection centers may also accept used oil from household do-it-yourselfers.

BOARD NOTE: A generator who qualifies for an exemption under Section 739.124 may still be subject to the State’s special waste hauling permit requirements under Part 809.

b)	Used oil collection center requirements. Owners or operators of all used oil collection centers must do the following:

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

2)	Be registered by the Agency to manage used oil. The used oil collection center ~~shall~~ must register by written notification with the Agency to manage used oil. This notification ~~shall~~ must include information sufficient for the Agency to identify, locate and communicate with the facility. The notification ~~shall~~ must be submitted on forms provided by the Agency.

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

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

Applicability. This Section applies to owners or operators of all used oil aggregation points. A used oil aggregation point is any site or facility that accepts, aggregates, or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons under the provisions of Section 739.124(b). ~~Used~~ A used oil aggregation ~~points~~ point may also accept used oil from household do-it-yourselfers.

BOARD NOTE: A generator who qualifies for an exemption under Section 739.124 may still be subject to the State’s special waste hauling permit requirements under Part 809.

b)	Used oil aggregation point requirements. Owners or operators of all used oil aggregation points must comply with the generator standards in Subpart C of this Part.

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

SUBPART E: STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES

Section 739.140	Applicability

General. Except as provided in subsections (a)(1) through (a)(4) of this Section, this Subpart E applies to all used oil transporters. ~~Used oil transporters are persons~~ A used oil transporter is a person that ~~transport~~ transports used oil, ~~persons~~ a person that ~~collect~~ collects used oil from more than one generator and transport the collected oil, and ~~owners and operators~~ an owner or operator of a used oil transfer ~~facilities~~ facility.

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

2)	This Subpart E does not apply to ~~generators~~ a generator that ~~transport~~ transports shipments of used oil ~~totalling~~ totaling 55 gallons or less from the generator to a used oil collection center as specified in Section 739.124(a).

3)	This Subpart E does not apply to ~~generators~~ a generator that ~~transport~~ transports shipments of used oil ~~totalling~~ totaling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as specified in Section 739.124(b).

4)	This Subpart E does not apply to transportation of used oil from household do-it-yourselfers to a regulated used oil generator, collection center, aggregation point, processor, or burner subject to the requirements of this Part. Except as provided in subsections (a)(1) through (a)(3) of this Section, this Subpart E does, however, apply to transportation of collected household do-it-yourselfer used oil from regulated used oil generators, collection centers, aggregation points, or other facilities where household do-it-yourselfer used oil is collected.

BOARD NOTE: A generator that qualifies for an exemption under Section 739.124 may still be subject to the State’s special waste hauling permit requirements under Part 809.

b)	Imports and exports. ~~Transporters~~ A transporter that ~~import~~ imports used oil from abroad or export used oil outside of the United States are subject to the requirements of this Subpart E from the time the used oil enters and until the time it exits the United States.

c)	Trucks used to transport hazardous waste. Unless trucks previously used to transport hazardous waste are emptied as described in 35 Ill. Adm. Code 721.107 prior to transporting used oil, the used oil is considered to have been mixed with the hazardous waste and must be managed as hazardous waste unless, under the provisions of Section 739.110(b), the hazardous waste and used oil mixture is determined not to be hazardous waste.

d)	Other applicable provisions. ~~Used oil transporters~~ A used oil transporter that ~~conduct~~ conducts the following activities are also subject to other applicable provisions of this Part as indicated in subsections (d)(1) through (d)(5) of this Section:

1)	~~Transporters~~ A transporter that ~~generate~~ generates used oil ~~shall~~ must also comply with Subpart C of this Part;

2)	~~Transporters~~ A transporter that ~~process~~ processes or ~~re-refine~~ re-refines used oil, except as provided in Section 739.141, ~~shall~~ must also comply with Subpart F of this Part;

3)	~~Transporters~~ A transporter that ~~burn~~ burns off-specification used oil for energy recovery ~~shall~~ must also comply with Subpart G of this Part;

4)	~~Transporters~~ A transporter that ~~direct~~ directs shipments of off-specification used oil from ~~their~~ its facility to a used oil burner or first ~~claim~~ claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111 ~~shall~~ must also comply with Subpart H of this Part; and

5)	~~Transporters~~ A transporter that ~~dispose~~ disposes of used oil, including the use of used oil as a dust suppressant, ~~shall~~ must also comply with Subpart I of this Part.

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

Section 739.141	Restrictions on ~~transporters~~ Transporters that ~~are not also processors~~ Are Not Also Processors

a)	~~Used oil transporters~~ A used oil transporter may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in subsection (b) of this Section, ~~used oil transporters~~ a used oil transporter may not process used oil unless they also comply with the requirements for processors in Subpart F of this Part.

b)	~~Transporters~~ A transporter may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products unless ~~they~~ it also ~~comply~~ complies with the processor requirements in Subpart F of this Part.

c)	~~Transporters~~ A transporter of used oil that is removed from oil-bearing electrical transformers and turbines and which is filtered by the transporter or at a transfer facility prior to being returned to its original use ~~are~~ is not subject to the processor and re-refiner requirements in ~~739.~~Subpart F of this Part.

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

Section 739.142	Notification

a)	Identification numbers. A used oil transporter that has not previously complied with the notification requirements of RCRA Section 3010 ~~shall~~ must comply with these requirements and obtain a ~~U.S. EPA~~ USEPA identification number pursuant to RCRA Section 3010 and an Illinois special waste identification number.

b)	Mechanics of notification.

1)	A used oil transporter that has not received a ~~U.S. EPA~~ USEPA identification number may obtain one by notifying ~~U.S. EPA~~ USEPA Region V 5 of its used oil activity by submitting either of the following:

A)	A completed ~~U.S. EPA~~ USEPA Form 8700-12 (To obtain ordering information for ~~U.S. EPA~~ USEPA Form 8700-12 call the RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

B)	A letter requesting a ~~U.S. EPA~~ USEPA identification number. (Call the RCRA/Superfund Hotline to determine where to send a letter requesting a ~~U.S. EPA~~ USEPA identification number.) The letter should include the following information:

i)	The transporter company name;

ii)	The owner of the transporter company;

iii)	The mailing address for the transporter;

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

v)	The type of transport activity (i.e., transport only, transport and transfer facility, or transfer facility only);

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

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

2)	A used oil transporter that has not received an Illinois special waste identification number may obtain one pursuant to 35 Ill. Adm. Code 809 by contacting the Agency at the following address: Division of Land Pollution Control, Illinois EPA, ~~2200 Churchill Road,~~ 1021 North Grand Avenue, Springfield, Illinois ~~62706~~ 62794-9276 (telephone: 217-782-6761).

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

Section 739.143	Used ~~oil transportation~~ Oil Transportation

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

1)	Another used oil transporter, provided that the transporter has obtained a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number;

2)	A used oil processing facility that has obtained a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number;

3)	An off-specification used oil burner facility that has obtained a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number; or

4)	An on-specification used oil burner facility.

b)	U.S. DOT requirements. A used oil transporter ~~shall~~ must comply with all applicable requirements under the U.S. Department of Transportation in 49 CFR ~~parts~~ 171 through 180. A person transporting used oil that meets the definition of a hazardous material in 49 CFR 171.8 ~~shall~~ must comply with all applicable U.S. Department of Transportation Hazardous Materials Regulations in 49 CFR ~~Parts~~ 171 through 180.

c)	Used oil discharges.

1)	In the event of a discharge of used oil during transportation, the transporter ~~shall~~ must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

2)	If a discharge of used oil occurs during transportation and an official (State or local government or a Federal Agency) acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by a transporter that does not have a ~~U.S. EPA~~ USEPA identification number and an Illinois special waste identification number.

3)	An air, rail, highway, or water transporter that has discharged used oil ~~shall~~ must do the following:

A)	Give notice, if required by federal 49 CFR 171.15 to the National Response Center (800-424-8802 or 202-426-2675); and

B)	Report in writing as required by federal 49 CFR 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590.

4)	A water transporter that has discharged used oil ~~shall~~ must give notice as required by federal 33 CFR 153.203.

5)	A transporter ~~shall~~ must clean up any used oil discharged that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the used oil discharge no longer presents a hazard to human health or the environment.

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

Section 739.144	Rebuttable ~~presumption~~ Presumption for ~~used oil~~ Used Oil

a)	To ensure that used oil is not a hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(ii), the used oil transporter ~~shall~~ must determine whether the total halogen content of used oil being transporter or stored at a transfer facility is above or below 1,000 ppm.

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

1)	Testing the used oil; or

2)	Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

If the used oil contains greater than or equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of 35 Ill. Adm. Code 721~~.Subpart D~~. The owner or operator may rebut the presumption by demonstrating that the used oil does not contain hazardous waste (for example, by using an analytical method from SW-846, ~~Edition III~~ incorporated by reference in 35 Ill. Adm. Code 720.111, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in Appendix H of 35 Ill. Adm. Code 721~~.Appendix H~~). U.S. EPA Publication SW-846, Third Edition, is available from the Government Printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954. (202) 783-3238 (document number 955-001-00000-1).

1)	The rebuttable presumption does not apply to metalworking oils and fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in Section 739.124(c), to reclaim metalworking oils and fluids. The presumption does apply to metalworking oils and fluids if such oils and fluids are recycled in any other manner, or disposed.

2)	The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

d)	Record retention. Records of analyses conducted or information used to comply with subsections (a), (b), and (c) of this Section must be maintained by the transporter for at least 3 three years.

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

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

A used oil transporter is subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart E. A used oil transporter is also subject to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subpart.

a)	Applicability. This Section applies to used oil transfer facilities. Used oil transfer facilities are ~~transportation related~~ transportation-related facilities including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days. ~~Transfer facilities~~ A transfer facility that store used oil for more than 35 days are subject to regulation under Subpart F.

b)	Storage units. ~~Owners or operators~~ An owner or operator of a used oil transfer ~~facilities~~ facility may not store used oil in units other than tanks, containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.

c)	Condition of units. ~~Containers~~ The following must be true of containers and aboveground tanks used to store used oil at a transfer ~~facilities must be~~ facility:

1)	In The containers must be in good condition (no severe rusting, apparent structural defects or deterioration); and

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

d)	Secondary containment for containers. Containers used to store used oil at a transfer ~~facilities~~ facility must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dikes, berms, or retaining walls; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

e)	Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store used oil at a transfer ~~facilities~~ facility must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

f)	Secondary containment for new aboveground tanks. New aboveground tanks used to store used oil at a transfer ~~facilities~~ facility must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

g)	Labels.

1)	Containers and aboveground tanks used to store used oil at transfer facilities must be labeled or marked clearly with the words “Used Oil.”

2)	Fill pipes used to transfer used oil into underground storage tanks at transfer facilities must be labeled or marked clearly with the words “Used Oil.”

h)	Response to releases. Upon detection of a release of used oil to the environment that is not subject to the federal requirements of 40 CFR 280, Subpart F and which has occurred after October 4, 1996, an owner or operator of a transfer facility ~~shall~~ must perform the following cleanup steps:

BOARD NOTE: Corresponding 40 CFR 279.45(h) applies to releases that “occurred after the effective date of the authorized used oil program for the State in which the release is located.” The Board adopted the used oil standards in docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4, 1996. The Board has interpreted “the effective date of the authorized used oil program” to mean the October 4, 1996 date of federal authorization of the Illinois program, and we substituted that date for the federal effective date language. Had USEPA written something like “the effective date of the used oil program in the authorized State in which the release is located,” the Board would have used the November 22, 1993 effective date of the Illinois used oil standards.

1)	Stop the release;

2)	Contain the released used oil;

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

4)	If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

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

Section 739.146	Tracking

a)	Acceptance. ~~Used oil transporters shall~~ A used oil transporter must keep a record of each used oil shipment accepted for transport. Records for each shipment must include the following:

1)	The name and address of the generator, transporter, or processor that provided the used oil for transport;

2)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number (if applicable) of the generator, transporter, or processor that provided the used oil for transport;

3)	The quantity of used oil accepted;

4)	The date of acceptance; and

5)	The signature.

A)	Except as provided in subsection (a)(5)(B) ~~below~~ of this Section, the signature, dated upon receipt of the used oil, of a representative of the generator, transporter, or processor or re-refiner that provided the used oil for transport.

B)	An intermediate rail transporter is not required to sign the record of acceptance.

b)	Deliveries. ~~Used oil transporters shall~~ A used oil transporter must keep a record of each shipment of used oil that is delivered to another used oil transporter, or to a used oil burner, processor, or disposal facility. Records of each delivery must include the following:

1)	The name and address of the receiving facility or transporter;

2)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number of the receiving facility or transporter;

3)	The quantity of used oil delivered;

4)	The date of delivery;

5)	The signature.

A)	Except as provided in subsection (b)(5)(B) ~~below~~ of this Section, the signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter.

B)	An intermediate rail transporter is not required to sign the record of acceptance.

c)	Exports of used oil. ~~Used oil transporters shall~~ A used oil transporter must maintain the records described in subsections (b)(1) through (b)(4) of this Section for each shipment of used oil exported to any foreign country.

d)	Record retention. The records described in subsections (a), (b), and (c) of this Section must be maintained for at least three years.

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

Section 739.147	Management of ~~residues~~ Residues

Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in Section 739.110(e).

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

SUBPART F: STANDARDS FOR USED OIL PROCESSORS

Section 739.150	Applicability

The requirements of this Subpart F apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes, but is not limited to the following: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation, and re-refining. The requirements of this Subpart F do not apply to the following:

1)	~~Transporters~~ A transporter that ~~conduct~~ conducts incidental processing operations that occur during the normal course of transportation, as provided in Section 739.141; or

2)	~~Burners~~ A burner that ~~conduct~~ conducts incidental processing operations that occur during the normal course of used oil management prior to burning, as provided in Section 739.161(b).

b)	Other applicable provisions. ~~Used~~ A used oil ~~processors who conduct~~ processor that conducts the following activities are also subject to the requirements of other applicable provisions of this Part, as indicated in subsections (b)(1) through (b)(5) of this Section.

1)	~~Processors who generate~~ A processor that generates used oil must also comply with Subpart C of this Part;

2)	~~Processors who transport~~ A processor that transports used oil must also comply with Subpart E of this Part;

3)	Except as provided in subsections (b)(3)(A) and (b)(3)(B) of this Section, ~~processors who burn~~ a processor that burns off-specification used oil for energy recovery must also comply with Subpart G of this Part. Processors burning used oil for energy recovery under the following conditions are not subject to Subpart G of this Part:

A)	The used oil is burned in an on-site space heater that meets the requirements of Section 739.123; or

B)	The used oil is burned for purposes of processing used oil, which is considered burning incidentally to used oil processing;

4)	~~Processors who direct~~ A processor that directs shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111 must also comply with Subpart H of this Part; and

5)	~~Processors who dispose~~ A processors that disposes of used oil, including the use of used oil as a dust suppressant, also must comply with Subpart I of this Part.

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

Section 739.151	Notification

a)	Identification numbers. A used oil processor or re-refiner that has not previously complied with the notification requirements of RCRA Section 3010 ~~shall~~ must ~~and~~ obtain a ~~U.S. EPA~~ USEPA identification number pursuant to RCRA Section 3010 and an Illinois special waste identification number.

b)	Mechanics of notification.

1)	A used oil processor or re-refiner that has not received a ~~U.S. EPA~~ USEPA identification number may obtain one by notifying ~~U.S. EPA~~ USEPA Region V 5 of its used oil activity by submitting either of the following:

A)	A completed ~~U.S. EPA~~ USEPA Form 8700-12 (To obtain ordering information for ~~U.S. EPA~~ USEPA Form 8700-12 call the RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

B)	A letter requesting a ~~U.S. EPA~~ USEPA identification number. (Call the RCRA/Superfund Hotline to determine where to send a letter requesting a ~~U.S. EPA~~ USEPA identification number.) The letter should include the following information:

i)	The processor or re-refiner company name;

ii)	The owner of the processor or re-refiner company;

iii)	The mailing address for the processor or re-refiner;

iv)	The name and telephone number for the processor or re-refiner point of contact;

v)	The type of transport activity (i.e., transport only, transport and transfer facility, or transfer facility only);

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

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

2)	A used oil processor or re-refiner that has not received an Illinois special waste identification number may obtain one by contacting the Agency at the following address: Division of Land Pollution Control, Illinois EPA, ~~2200 Churchill Road,~~ 1021 North Grand Avenue, Springfield, Illinois ~~62706~~ 62794-9276 (telephone: 217-782-6761).

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

Section 739.152	General ~~facility standards~~ Facility Standards

a)	Preparedness and prevention. ~~Owners and operators~~ An owner or operator of a used oil ~~processors and re-refiners facilities shall~~ processing or re-refining facility must comply with the following requirements:

1)	Maintenance and operation of a facility. ~~Facilities~~ All facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water ~~which~~ that could threaten human health or the environment.

2)	Required equipment. All facilities must be equipped with the following, unless none of the hazards posed by used oil handled at the facility could require a particular kind of equipment specified in subsections (a)(2)(A) through (a)(2)(D) of this Section:

A)	An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

B)	A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;

C)	Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

D)	Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

3)	Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

4)	Access to communications or alarm system.

A)	Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required in subsection (a)(2) of this Section.

B)	If there is ever just one employee on the premises while the facility is operating, the employee must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required in subsection (a)(2) of this Section.

5)	Required aisle space. The owner or operator ~~shall~~ must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

6)	Arrangements with local authorities.

A)	The owner or operator ~~shall~~ must attempt to make the following arrangements, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations:

i)	Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

ii)	Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

iii)	Agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and

iv)	Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses ~~which~~ that could result from fires, explosions, or releases at the facility.

B)	Where State or local authorities decline to enter into such arrangements, the owner or operator ~~shall~~ must document the refusal in the operating record.

b)	Contingency plan and emergency procedures. ~~Owners and operators~~ An owner or operator of a used oil ~~processors and re-refiners facilities shall~~ processing or re-refining facility must comply with the following requirements:

1)	Purpose and implementation of contingency plan.

A)	Each owner or operator ~~shall~~ must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water.

B)	The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of used oil ~~which~~ that could threaten human health or the environment.

2)	Content of contingency plan.

A)	The contingency plan must describe the actions facility personnel ~~shall~~ must take to comply with subsections (b)(1) and (b)(6) of this Section in response to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at the facility.

B)	If the owner or operator has already prepared a Spill Prevention Control and Countermeasures (SPCC) Plan in accordance with federal 40 CFR 112, or 40 CFR 300, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this Part.

C)	The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to subsection (a)(6) of this Section.

D)	The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subsection (b)(5) of this Section), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.

E)	The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

F)	The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe ~~signal(s)~~ signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of used oil or fires).

3)	Copies of contingency plan. ~~A copy~~ Copies of the contingency plan and all revisions to the plan must be disposed of as follows:

A)	Maintained at the facility; and

B)	Submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.

4)	Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever one of the following occurs:

A)	Applicable regulations are revised;

B)	The plan fails in an emergency;

C)	The facility changes--in its design, construction, operation, maintenance, or other circumstances--in a way that materially increases the potential for fires, explosions, or releases of used oil, or changes the response necessary in an emergency;

D)	The list of emergency coordinators changes; or

E)	The list of emergency equipment changes.

Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator ~~shall~~ must be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristic of used oil handled, the location of all records within the facility, and facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.

BOARD NOTE: ~~U.S. EPA~~ USEPA cited the following as guidance: “The emergency coordinator’s responsibilities are more fully spelled out in [subsection (b)(6) ~~below~~ of this Section]. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of used oil handled by the facility, and type and complexity of the facility.”

6)	Emergency procedures.

A)	Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the designee when the emergency coordinator is on call) ~~shall~~ must immediately do the following:

i)	Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

ii)	Notify appropriate State or local agencies with designated response roles if their help is needed.

B)	Whenever there is a release, fire, or explosion, the emergency coordinator ~~shall~~ must immediately identify the character, exact source, amount, and a real extent of any released materials. He or she may do this by observation or review of facility records of manifests and, if necessary, by chemical analysts.

C)	Concurrently, the emergency coordinator ~~shall~~ must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water of chemical agents used to control fire and heat-induced explosions).

D)	If the emergency coordinator determines that the facility has had a release, fire, or explosion ~~which~~ that could threaten human health, or the environment, outside the facility, he or she ~~shall~~ must report his findings as follows:

i)	If his assessment indicated that evacuation of local areas may be advisable, he or she ~~shall~~ must immediately notify appropriate local authorities. He or she ~~shall~~ must be available to help appropriate officials decide whether local areas should be evacuated; and

ii)	He ~~shall~~ must immediately notify either the government official designated as the on-scene coordinator for the geographical area (in the applicable regional contingency plan under federal 40 CFR 300), or the National Response Center (using their 24-hour toll free number (800) 424-8802). The report must include the following information: ~~Name~~ name and telephone number of reporter; ~~Name~~ name and address of facility; ~~Time~~ time and type of incident (e.g., release, fire); ~~Name~~ name and quantity of ~~material(s)~~ materials involved, to the extent known; ~~The~~ the extent of injuries, if any; and the possible hazards to human health, or the environment, outside the facility.

E)	During an emergency, the emergency coordinator ~~shall~~ must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil or hazardous waste at the facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.

F)	If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator ~~shall~~ must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

G)	Immediately after an emergency, the emergency coordinator ~~shall~~ must provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

H)	The emergency coordinator ~~shall~~ must ensure that the following occur, in the affected ~~area(s)~~ areas of the facility:

i)	No waste or used oil that may be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup procedures are completed; and

ii)	All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

iii)	The owner or operator ~~shall~~ must notify the Agency, and all other appropriate State and local authorities that the facility is in compliance with subsections (b)(6)(H)(i) and (b)(6)(H)(ii) of this Section before operations are resumed in the affected ~~area(s)~~ areas of the facility.

I)	The owner or operator ~~shall~~ must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, it ~~shall~~ must submit a written report on the incident to ~~the Regional Administrator~~ USEPA Region 5. The report must include the following:

i)	The name, address, and telephone number of the owner or operator;

ii)	The name, address, and telephone number of the facility;

iii)	The date, time, and type of incident (e.g., fire, explosion);

iv)	The name and quantity of ~~material(s)~~ materials involved;

v)	The extent of injuries, if any;

vi)	An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

vii)	The estimated quantity and disposition of recovered material that resulted from the incident.

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

Section 739.153	Rebuttable ~~presumption~~ Presumption for ~~used oil~~ Used Oil

a)	To ensure that used oil is not a hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(ii), the owner or operator of a used oil processing facility ~~shall~~ must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.

b)	The owner or operator ~~shall~~ must make this determination by the following means:

1)	Testing the used oil; or

2)	Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

1)	The rebuttable presumption does not apply to metalworking oils and fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in Section 739.124(c), to reclaim metalworking oils and fluids. The presumption does apply to metalworking oils and fluids if such oils and fluids are recycled in any other manner, or disposed.

2)	The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

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

Section 739.154	Used ~~oil management~~ Oil Management

A used oil processor is subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart F. A used oil processor or re-refiner is also subject to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subpart F.

a)	Management units. ~~Used~~ A used oil ~~processors shall~~ processor may not store used oil in units other than tanks, containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.

b)	Condition of units. ~~Containers~~ The following must be true of containers and aboveground tanks used to store or process used oil at a processing ~~facilities must be~~ facility:

1)	In The containers must be in good condition (no severe rusting, apparent structural defects or deterioration); and

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

c)	Secondary containment for containers. Containers used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

d)	Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

e)	Secondary containment for new aboveground tanks. New aboveground tanks used to store or process used oil at processing and re-refining facilities must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

f)	Labels.

1)	Containers and aboveground tanks used to store used oil at processing facilities must be labeled or marked clearly with the words “Used Oil.”

2)	Fill pipes used to transfer used oil into underground storage tanks at processing facilities must be labeled or marked clearly with the words “Used Oil.”

g)	Response to releases. Upon detection of a release of used oil to the environment that is not subject to the federal requirements of 40 CFR 280, Subpart F and which has occurred after October 4, 1996, a processor ~~shall~~ must perform the following cleanup steps:

BOARD NOTE: Corresponding 40 CFR 279.54(g) applies to releases that “occurred after the effective date of the authorized used oil program for the State in which the release is located.” The Board adopted the used oil standards in docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4, 1996. The Board has interpreted “the effective date of the authorized used oil program” to mean the October 4, 1996 date of federal authorization of the Illinois program, and we substituted that date for the federal effective date language. Had USEPA written something like “the effective date of the used oil program in the authorized State in which the release is located,” the Board would have used the November 22, 1993 effective date of the Illinois used oil standards.

1)	Stop the release;

2)	Contain the released used oil;

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

4)	If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

h)	Closure.

1)	Aboveground tanks. ~~Owners and operators~~ An owner or operator that ~~store~~ stores or ~~process~~ processes used oil in aboveground tanks ~~shall~~ must comply with the following requirements:

A)	At closure of a tank system, the owner or operator ~~shall~~ must remove or decontaminate used oil residues in tanks, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste under this chapter.

B)	If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (h)(1)(A) of this Section, then the owner or operator ~~shall~~ must close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills (35 Ill. Adm. Code 725.410).

2)	Containers. ~~Owners and operators~~ An owner or operator that ~~store~~ stores used oil in containers ~~shall~~ must comply with the following requirements:

A)	At closure, containers holding used oils or residues of used oil must be removed from the site;

B)	The owner or operator ~~shall~~ must remove or decontaminate used oil residues, contaminated containment system components, contaminated soils, and structures and equipment contaminated with used oil, and manage them as hazardous waste, unless the materials are not hazardous waste 35 Ill. Adm. Code 721.

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

Section 739.155	Analysis ~~plan~~ Plan

~~Owners or operators~~ An owner or operator of a used oil processing ~~and~~ or re-refining ~~facilities~~ facility must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of Section 739.153 and, if applicable, Section 739.172. The owner or operator must keep the plan at the facility.

a)	Rebuttable presumption for used oil in Section 739.153. At minimum, the plan must specify the following:

1)	Whether sample analyses or knowledge of the halogen content of the used oil will be used to make this determination.;

2)	If sample analyses are used to make this determination, the following requirements must be fulfilled:

A)	The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either of the following:

i)	One of the sampling methods in Appendix I of 35 Ill. Adm. Code 721~~.Appendix I~~; or

ii)	A method shown to be equivalent under 35 Ill. Adm. Code 720.120 and 720.121;

B)	The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and

C)	The methods used to analyze used oil for the parameters specified in Section 739.153; and

3)	The type of information that will be used to determine the halogen content of the used oil.

b)	On-specification used oil fuel in Section 739.172. At a minimum, the plan must specify the following if Section 739.172 is applicable:

1)	Whether sample analyses or other information will be used to make this determination;

2)	If sample analyses are used to make this determination, the following must be specified:

A)	The sampling method used to obtain representative samples to be analyzed. A representative sample may be obtained using either of the following:

i)	One of the sampling methods in Appendix I of 35 Ill. Adm. Code 721~~.Appendix I~~; or

ii)	A method shown to be equivalent under 35 Ill. Adm. Code 720.120 and 720.121;

B)	Whether used oil will be sampled and analyzed prior to or after any processing;

C)	The frequency of sampling to be performed, and whether the analysis will be performed on-site or off-site; and

D)	The methods used to analyze used oil for the parameters specified in Section 739.172; and

3)	The type of information that will be used to make the on-specification used oil fuel determination.

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

Section 739.156	Tracking

a)	Acceptance. ~~Used~~ A used oil ~~processors shall~~ processor must keep a record of each used oil shipment accepted for processing. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information:

1)	The name and address of the transporter that delivered the used oil to the processor;

2)	The name and address of the generator or processor from whom the used oil was sent for processing;

3)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number of the transporter that delivered the used oil to the processor;

4)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number (if applicable) of the generator or processor from whom the used oil was sent for processing;

5)	The quantity of used oil accepted; and

6)	The date of acceptance.

b)	Deliveries. ~~Used~~ A used oil ~~processors shall~~ processor must keep a record of each shipment of used oil that is delivered to another used oil burner, processor, or disposal facility. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records of each delivery must include the following information:

1)	The name and address of the transporter that delivers the used oil to the burner, processor, or disposal facility;

2)	The name and address of the burner, processor, or disposal facility that will receive the used oil;

3)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number of the transporter that delivers the used oil to the burner, processor or disposal facility;

4)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number of the burner, processor, or disposal facility that will receive the used oil;

5)	The quantity of used oil shipped;

6)	The date of shipment.

c)	Record retention. The records described in subsections (a) and (b) ~~above~~ of this Section must be maintained for at least three years.

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

Section 739.157	Operating ~~record and reporting~~ Record and Reporting

a)	Operating record.

1)	The owner or operator ~~shall~~ must keep a written operating record at the facility.

2)	The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility;

A)	Records and results of used oil analyses performed as described in the analysis plan required under Section 739.155; and

B)	Summary reports and details of all incidents that require implementation of the contingency plan, an as specified in Section 739.152(b).

b)	Reporting. A used oil processor ~~shall~~ must report to ~~the Regional Administrator~~ USEPA Region 5, in the form of a letter, on a biennial basis (by March 1 of each even numbered year), the following information concerning used oil activities during the previous calendar year;

1)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number, name, and address of the processor;

2)	The calendar year covered by the report; and

3)	The quantities of used oil accepted for processing and the manner in which the used oil is processed, including the specific processes employed.

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

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

~~Used~~ A used oil ~~processors~~ processor that ~~initiate shipments~~ initiates a shipment of used oil off-site ~~shall~~ must ship the used oil using a used oil transporter that has obtained an a ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number.

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

Section 739.159	Management of ~~residues~~ Residues

~~Owners and operators who generate~~ An owner or operator that generates residues from the storage, processing, or re-fining of used oil must manage the residues as specified in Section 739.110(e).

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

SUBPART G: STANDARDS FOR USED OIL BURNERS THAT BURN OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY

Section 739.160	Applicability

General. The requirements of this Subpart G apply to used oil burners except as specified in subsections (a)(1) and ~~(a)2)~~ (a)(2) of this Section. A used oil burner is a facility where used oil not meeting the specification requirements in Section 739.111 is burned for energy recovery in devices identified in Section 739.161(a). Facilities burning used oil for energy recovery under the following conditions are not subject to this Subpart G:

1)	The used oil is burned by the generator in an on-site space heater under the provisions of Section 739.123; or

2)	The used oil is burned by a processor for purposes of processing used oil, which is considered burning incidentally to used oil processing.

b)	Other applicable provisions. ~~Used~~ A used oil ~~burners~~ burner that ~~conduct~~ conducts the following activities ~~are~~ is also subject to the requirements of other applicable provisions of this Part as indicated below.

1)	~~Burners~~ A burner that ~~generate~~ generates used oil ~~shall~~ must also comply with Subpart C of this Part;

2)	~~Burners~~ A burner that ~~transport~~ transports used oil ~~shall~~ must also comply with Subpart E of this Part;

3)	Except as provided in Section 739.161(b), ~~burners~~ a burner that ~~process~~ processes or ~~re-refine~~ re-refines used oil ~~shall~~ must also comply with Subpart F of this Part;

4)	~~Burners~~ A burner that ~~direct~~ directs shipments of off-specification used oil from their facility to a used oil burner or first claim that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111 ~~shall~~ must also comply with Subpart H of this Part; and

5)	~~Burners~~ A burner that ~~dispose~~ disposes of used oil, including the use of used oil as a dust suppressant, ~~shall~~ must comply with Subpart I of this Part.

c)	Specification fuel. This Subpart G does not apply to ~~persons~~ a person burning used oil that meets the used oil fuel specification of Section 739.111, provided that the burner complies with the requirements of Subpart H of this Part.

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

Section 739.161	Restriction on ~~burning~~ Burning

a)	Off-specification used oil fuel may only be burned for energy recovery in ~~only~~ the following devices:

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

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

A)	Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;

B)	Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or

C)	Used oil-fired space heaters provided that the burner meets the provisions of Section 739.123; or

3)	Hazardous waste incinerators subject to regulation under Subpart O of 35 Ill. Adm. Code 724~~.Subpart O~~ or ~~35 Ill. Adm. Code~~ 725~~.Subpart O~~.

b)	Restrictions.

1)	With the following exception, a used oil ~~burners~~ burner may not process used oil unless ~~they~~ it also ~~comply~~ complies with the requirements of Subpart F of this Part.

2)	~~Used~~ A used oil ~~burners~~ burner may aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, but may not aggregate for purposes of producing on-specification used oil.

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

Section 739.162	Notification

a)	Identification numbers. A used oil burner that has not previously complied with the notification requirements of RCRA Section 3010 ~~shall~~ must comply with these requirements and obtain a ~~U.S. EPA~~ USEPA identification number pursuant to RCRA Section 3010 and an Illinois special waste identification number.

b)	Mechanics of notification. A used oil burner that has not received a ~~U.S. EPA~~ USEPA identification number may obtain one by notifying ~~the Regional Administrator~~ USEPA Region 5 of ~~their~~ its used oil activity by submitting either of the following:

1)	A completed ~~EPA~~ USEPA Form 8700-12 (To to obtain ~~EPA~~ USEPA Form 8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

2)	A letter requesting an a ~~EPA~~ USEPA identification number. Call the RCRA/Superfund Hotline to determine where to send a letter requesting an a ~~EPA~~ USEPA identification number. The letter should include the following information:

A)	The burner company name;

B)	The owner of the burner company;

C)	The mailing address for the burner;

D)	The name and telephone number for the burner point of contact;

E)	The type of used oil activity; and

F)	The location of the burner facility.

c)	A used oil burner that has not previously obtained an Illinois special waste identification number may obtain one by contacting the Agency at the following address: Division of Land Pollution Control, Illinois EPA, ~~2200 Churchill Road,~~ 1021 North Grand Avenue, Springfield, Illinois ~~62706~~ 62794-9276 (telephone: 217-782-6761).

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

Section 739.163	Rebuttable ~~presumption~~ Presumption for ~~used oil~~ Used Oil

a)	To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(ii), a used oil burner ~~shall~~ must determine whether the total halogen content of used oil managed at the facility is above or below 1,000 ppm.

b)	The used oil burner ~~shall~~ must determine if the used oil contains above or below 1,000 ppm total halogens by the following means:

1)	Testing the used oil;

2)	Applying knowledge of the halogen content of the used oil in light of the materials or processes used; or

3)	If the used oil has been received from a processor subject to regulation under Subpart F of this Part, using information provided by the processor.

1)	The rebuttable presumption does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in Section 739.124(c), to reclaim metalworking oils or fluids. The presumption does apply to metalworking oils or fluids if such oils and fluids are recycled in any other manner, or disposed.

2)	The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.

d)	Record retention. Records of analyses conducted or information used to comply with subsections (a), (b), and (c) ~~above~~ of this Section must be maintained by the burner for at least 3 three years.

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

Section 739.164	Used ~~oil storage~~ Oil Storage

A used oil burner is subject to all applicable Spill Prevention, Control and Countermeasures (federal 40 CFR 112) in addition to the requirements of this Subpart G. A used oil burner is also subject to the Underground Storage Tank (35 Ill. Adm. Code 731) standards for used oil stored in underground tanks whether or not the used oil exhibits any characteristics of hazardous waste, in addition to the requirements of this Subpart G.

a)	Storage units. ~~Used~~ A used oil ~~burners~~ burner may not store used oil in units other than tanks, containers, or units subject to regulation under 35 Ill. Adm. Code 724 or 725.

b)	Condition of units. ~~Containers~~ The following must be true of containers and aboveground tanks used to store used oil at a burner ~~facilities must be~~ facility:

1)	In The containers must be in good condition (no severe rusting, apparent structural defects or deterioration); and

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

c)	Secondary containment for containers. Containers used to store used oil at a burner ~~facilities~~ facility must be equipped with a secondary containment system.

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

A)	Dikes, berms, or retaining walls; and

B)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall.

2)	The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

d)	Secondary containment for existing aboveground tanks. Existing aboveground tanks used to store used oil at burner facilities must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

e)	Secondary containment for existing aboveground tanks. ~~New~~ A new aboveground ~~tanks~~ tank used to store used oil at burner facilities must be equipped with a secondary containment system.

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

A)	Both of the following:

i)	Dikes, berms, or retaining walls; and

ii)	A floor. The floor must cover the entire area within the dike, berm, or retaining wall; or

B)	An equivalent secondary containment system.

2)	The entire containment system, including walls and floor, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

f)	Labels.

1)	~~Containers and~~ A container or aboveground ~~tanks~~ tank used to store used oil at a burner ~~facilities~~ facility must be labeled or marked clearly with the words “Used Oil.”

2)	Fill pipes used to transfer used oil into underground storage tanks at burner facilities must be labeled or marked clearly with the words “Used Oil.”

g)	Response to releases. Upon detection of a release of used oil to the environment that is not subject to the federal requirements of 40 CFR 280, Subpart F and which has occurred after October 4, 1996, a burner ~~shall~~ must perform the following cleanup steps:

BOARD NOTE: Corresponding 40 CFR 279.64(g) applies to releases that “occurred after the effective date of the authorized used oil program for the State in which the release is located.” The Board adopted the used oil standards in docket R93-4 at 17 Ill. Reg. 20954, effective November 22, 1993. USEPA approved the Illinois standards at 61 Fed. Reg. 40521 (Aug. 5, 1996), effective October 4, 1996. The Board has interpreted “the effective date of the authorized used oil program” to mean the October 4, 1996 date of federal authorization of the Illinois program, and we substituted that date for the federal effective date language. Had USEPA written something like “the effective date of the used oil program in the authorized State in which the release is located,” the Board would have used the November 22, 1993 effective date of the Illinois used oil standards.

1)	Stop the release;

2)	Contain the released used oil;

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

4)	If necessary, repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

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

Section 739.165	Tracking

a)	Acceptance. ~~Used~~ A used oil ~~burners shall~~ burner must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information:

1)	The name and address of the transporter that delivered the used oil to the burner;

2)	The name and address of the generator or processor from whom the used oil was sent to the burner;

3)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number of the transporter that delivered the used oil to the burner;

4)	The ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number (if applicable) of the generator or processor from whom the used oil was sent to the burner;

5)	The quantity of used oil accepted; and

6)	The date of acceptance.

b)	Record retention. The records described in subsection (a) of this Section must be maintained for at least three years.

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

Section 739.166	Notices

a)	Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor, the burner must provide to the generator, transporter, or processor a one-time written and signed notice certifying ~~that~~ the following:

1)	~~The~~ That the burner has notified ~~EPA~~ USEPA stating the location and general description of his used oil management activities; and

2)	~~The~~ That the burner will burn the used oil only in an industrial furnace or boiler identified in Section 739.161(a).

b)	Certification retention. The certification described in subsection (a) of this Section must be maintained for three years from the date the burner last receives shipment of off-specification used oil from that generator, transporter, or processor.

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

Section 739.167	Management of ~~residues~~ Residues

~~Burners who generate~~ A burner that generates residues from the storage or burning of used oil must manage the residues as specified in Section 739.110(e).

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

SUBPART H: STANDARDS FOR USED OIL FUEL MARKETERS

Section 739.170	Applicability

a)	Any person that conducts either of the following activities is subject to the requirements of this Subpart H:

1)	Directs a shipment of off-specification used oil from their facility to a used oil burner; or

2)	First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Section 739.111.

b)	The following persons are not marketers subject to this Subpart H:

1)	~~Used~~ A used oil ~~generators~~ generator, ~~and transporters~~ or a transporter that ~~transport~~ transports used oil received only from generators, unless the generator or transporter directs a shipment of off-specification used oil from ~~their~~ its facility to a used oil burner. However, ~~processors~~ a processor that ~~burn~~ burns some used oil fuel for purposes of processing ~~are~~ is considered to be burning incidentally to processing. Thus, ~~generators and transporters~~ generator or transporter that ~~direct~~ directs shipments of off-specification used oil to ~~processors~~ a processor that ~~incidently burn~~ incidentally burns used oil ~~are~~ is not ~~marketers~~ a marketer subject to this Subpart H;

2)	~~Persons~~ A person that ~~direct~~ directs shipments of on-specification used oil and ~~that are~~ which is not the first person to claim the oil meets the used oil fuel specifications of Section 739.111.

c)	Any person subject to the requirements of this Subpart H ~~shall~~ must also comply with one of the following:

1)	Subpart C of this Part - Standards for Used Oil Generators;

2)	Subpart E of this Part - Standards for Used Oil Transporters and Transfer Facilities;

3)	Subpart F of this Part - Standards for Used Oil Processors and Re-refiners; or

4)	Subpart G of this Part - Standards for Used Oil Burners that Burn Off-Specification Used Oil for Energy Recovery.

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

Section 739.171	Prohibitions

A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner that fulfills the following conditions:

a)	Has a ~~U.S. EPA~~ USEPA identification number and Illinois special waste identification number; and

b)	Burns the used oil in an industrial furnace or boiler identified in Section 739.161(a).

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

Section 739.172	~~On-specification used oil fuel~~On-Specification Used Oil Fuel

a)	Analysis of used oil fuel. A generator, transporter, processor, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of Section 739.111 by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications.

b)	Record retention. A generator, transporter, processor, or burner that first claims that used oil that is to be burned for energy recovery meets the specifications for used oil fuel under this Part ~~shall~~ must keep copies of analyses of the used oil (or other information used to make the determination) for three years.

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

Section 739.173	Notification

a)	A used oil fuel marketer subject to the requirements of this Section that has not previously complied with the notification requirements of RCRA Section 3010 ~~shall~~ must comply with these requirements and obtain a ~~U.S. EPA~~ USEPA identification number pursuant to RCRA Section 3010 and an Illinois special waste identification number.

b)	A used oil marketer that has not received a ~~U.S. EPA~~ USEPA identification number may obtain one by notifying the ~~the Regional Administrator~~ USEPA Region 5 of its used oil activity by submitting either of the following:

1)	A completed ~~EPA~~ USEPA Form 8700-12; or

2)	A letter requesting ~~an EPA~~ a USEPA identification number. The letter should include the following information:

A)	The marketer company name;

B)	The owner of the marketer;

C)	The mailing address for the marketer;

D)	The name and telephone number for the marketer point of contact; and

E)	The type of used oil activity (i.e., generator directing shipments of off-specification used oil to a burner).

c)	A used oil burner that has not previously obtained an Illinois special waste identification number may obtain one by contacting the Agency at the following address: Division of Land Pollution Control, Illinois EPA, ~~2200 Churchill Road,~~ 1021 North Grand Avenue, Springfield, Illinois ~~62706~~ 62794-9276 (telephone: 217-782-6761).

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

Section 739.174	Tracking

a)	Off-specification used oil delivery. Any used oil fuel marketer that directs a shipment of off-specification used oil to a burner ~~shall~~ must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the following information:

1)	The name and address of the transporter that delivers the used oil to the burner;

2)	The name and address of the burner that will receive the used oil;

3)	The USEPA identification number and Illinois special waste identification number of the transporter that delivers the used oil to the burner;

4)	The USEPA identification number and Illinois special waste identification number of the burner;

5)	The quantity of used oil shipped; and

6)	The date of shipment.

On-specification used oil delivery. A generator, transporter, processor or re-refiner, or burner that first claims that used oil that is to be burned for energy recovery meets the fuel specifications under Section 739.111 ~~shall~~ must keep a record of each shipment of used oil to ~~an on-specification used oil burner~~ the facility to which it delivers the used oil. Records for each shipment must include the following information:

1)	The name and address of the facility receiving the shipment;

2)	The quantity of used oil fuel delivered;

3)	The date of shipment or delivery; and

4)	A cross-reference to the record of used oil analysis or other information used to make the determination that the oil meets the specification as required under Section 739.172(a).

c)	Record retention. The records described in subsections (a) and (b) of this Section must be maintained for at least three years.

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

Section 739.175	Notices

a)	Certification. Before a used oil generator, transporter, or processor directs the first shipment of off-specification used oil fuel to a burner, he it must obtain a one-time written and signed notice from the burner certifying ~~that~~ the following:

1)	~~The~~ That the burner has notified ~~EPA~~ USEPA stating the location and general description of used oil management activities; and

2)	~~The~~ That the will burn the off-specification used oil only in an industrial furnace or boiler identified in Section 739.161(a).

b)	Certification retention. The certification described in subsection (a) ~~above~~ of this Section must be maintained for three years from the date the last shipment of off-specification used oil is shipped to the burner.

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

SUBPART I: STANDARDS FOR USE AS A DUST SUPPRESSANT DISPOSAL OF USED OIL

Section 739.180	Applicability

The requirements of this Subpart I apply to all used oils that cannot be recycled and are therefore being disposed.

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

Section 739.181	Disposal

a)	Disposal of hazardous used oils. ~~Used oils~~ A used oil that ~~are~~ is identified as a hazardous waste and cannot be recycled in accordance with this Part must be managed in accordance with the hazardous waste management requirements of 35 Ill. Adm. Code 703, 720 through 726, and 728.

b)	Disposal of nonhazardous used oils. ~~Used oils~~ A used oil that ~~are~~ is not a hazardous ~~wastes~~ waste and cannot be recycled under this Part must be disposed in accordance with the requirements of 35 Ill. Adm. Code 807 through 815 and 40 CFR 257 and 258.

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

Section 739.182	Use as As a ~~dust suppressant~~ Dust Suppressant

a)	~~The use of used oil as a dust suppressant is prohibited, except when such activity takes place in one of the states listed in subsection (c) of this Section.~~

b)	A State may petition (e.g., as part of its authorization petition submitted to EPA under 35 Ill. Adm. Code 721.105 or by a separate submission) EPA to allow the use of used oil (that is not mixed with hazardous waste and does not exhibit a characteristic other than ignitability) as a dust suppressant. The State must show that it has a program in place to prevent the use of used oil and hazardous waste mixtures or used oil exhibiting a characteristic other than ignitability as a dust suppressant. In addition, such programs must minimize the impacts of use as a dust suppressant on the environment.

c)	This subsection corresponds to 40 CFR 268.182(c) which lists the States with an authorized program for use of used oil as a dust suppressant. This subsection is adopted to retain correlation with the Federal rules.

The use of used oil as a dust suppressant is prohibited.

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

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on June 17, 2004, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board