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.

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.

The existing regulations require the services of a “qualified geologist or geotechnical engineer”

for certain aspects of compliance.

See

35 Ill. Adm. Code 724.190(b)(4) (demonstration of no

potential for migration of a release), 725.290(c) (demonstration of low potential for migration of

a release) and (d) (certification of an alternate groundwater monitoring system), and

725.193(d)(2) (certification of a groundwater assessment plan).

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.

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.

At this time, the Board has not yet opened Parts 702, 722, 723, 725, or 733 for review.

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

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

Added a comma before “as defined in . . .” to offset a

Changed “Aboveground” to lower-case “aboveground”;

changed “the above definition” to “this definition of

Changed “has” to past-tense “had” (four times); changed

“the effective date . . . located” to “October 4, 1996”;

added “of the following had occurred”

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”

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

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”

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

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

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”

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”

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

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.

e) 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 shipmentsOff-Site Shipments

SUBPART D: STANDARDS FOR USED OIL COLLECTION CENTERS AND

AGGREGATION POINTS

Section

739.130

Do-it-yourselfer used oil collection centersDo-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 fuelOn-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).

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.

2) 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:

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.

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:

Not The materials are not used oil and thus are not subject to this

Part, and

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:

Not The materials are not used oil and thus are not subject to this

Part, and

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 Recovery

Constituent/property Allowable

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:

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:

In The containers must be in good condition (no severe rusting, apparent

structural defects or deterioration); and

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 shipmentsOff-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.

a) 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.

c) 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 centersDo-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

a) 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

a) 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

a) 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:

Transporters A transporter that generate generates used oil shall must also

comply with Subpart C of this Part;

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;

Transporters A transporter that burn burns off-specification used oil for

energy recovery shall must also comply with Subpart G of this Part;

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

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

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.

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.

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.

c) 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:

In The containers must be in good condition (no severe rusting, apparent

structural defects or deterioration); and

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

a) 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:

Transporters A transporter that conduct conducts incidental processing

operations that occur during the normal course of transportation, as provided

in Section 739.141; or

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.

Processors who generate A processor that generates used oil must also

comply with Subpart C of this Part;

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;

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

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.

5) 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.

c) 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.

(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:

In The containers must be in good condition (no severe rusting, apparent

structural defects or deterioration); and

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

a) 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.

Burners A burner that generate generates used oil shall must also comply

with Subpart C of this Part;

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;

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

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.

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);

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.

c) 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 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:

In The containers must be in good condition (no severe rusting, apparent

structural defects or deterioration); and

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.

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:

The That the burner has notified EPA USEPA stating the location and

general description of his used oil management activities; and

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:

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;

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 fuelOn-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.

b) 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:

The That the burner has notified EPA USEPA stating the location and

general description of used oil management activities; and

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

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.

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.

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