LINE NUMBERED VERSION
LINE NUMBERED VERSION

RECEIVED

CLERK’S OFFICE

c~hl

APR

19200k

STATE OF ILUNOIS

PolIut~Ofl

Contro’ Board

LINE NUMBERED VERSION

1J~~

1~tr

d~L..

UUlt....

~Lwiguu

This version should be identical to the submission made by the agency,

with the exceptions that errors

in Source

or Authority Notes may have

been

corrected;

the

format

used

that

the

electronic

Illinois

Administrative

Code

database,

formatting

discrepancies

will

corrected;

incorrect

depictions

existing

language

may

have

been

corrected

conform

with

the

IAPA;

statutory

citations

will

handled

correctly;

any obvious misspellings revealed by an electronic

spell check may have been

corrected;

and simple technical corrections

may have been made.

If any

such changes have

been made, they will

highlighted

the

attached copy.

If there is

any problem,

contact

JCAR.

On this mark-up, any word or punctuation that has been altered will be

highlighted.

You will need to compare this

to your hard copy or your

database

determine

how the

original

text

read.

If a

white

space

highlighted, you will know that text has been omitted at that location.

always,

if you

would

adopted

rulemaking or

any

Illinois

Administrative Code database materials

on disk or through e-mail for

purposes ofupload, contact Terra Lamb at 785-2254.

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

Heading ofthe Part:

Identification and Listing ofHazardous Waste

Code citation:

Iii. Adm.

Code 721

Section number:

Proposed Action:

721.105

 Amend

4)

 Statutory authority: 415 ILCS

5/7.2,

22.4, and 27.

A complete description ofthe subjects and issues

involved:

The following briefly

describes the subjects and issues involved in the larger rulemaking ofwhich the

amendments to Part 721

are a single segment.

Also affected is

Ill. Adm. Code

739,

which is covered by a separate notice in this issue ofthe

Illinois Register.

comprehensive description is contained in the Board’s opinion and order ofApril

1, 2004,

proposing amendments in docket R04-16

for public comment, which opinion and order is

available from the address below.

As is

explained in that opinion, the Board will receive

public

comment on the proposed amendments for 45 days from the date they appear in

the

Illinois Register

before proceeding to adopt amendments based on this proposal.

This proceeding would update the Illinois RCRA Subtitle C hazardous waste rules to

correspond with amendments

adopted by the United States Environmental Protection

Agency (USEPA) that appeared in the Federal Register during a single update period.

The docket and time period that is involved in this proceeding is the following:

R04-16

Federal RCRA Subtitle C amendments that occurred during the

period July

1, 2003 through December 31, 2003.

The R04-16 docket amends rules in Parts 721

and 739.

Prior to discussing the specific

changes made to

this Part, the Board will describe the docket as a whole, since

amendments

to various Parts may be inter-related.

The following table briefly

summarizes the federal action in the update period:

July 30,

(68 Fed.

2003

Reg.

44659)

USEPA adopted a number of corrective and clarifying

amendments to

the used oil management standards.

The Board included two federal actions that amended the Clean Water Act analytical

methods, which are incorporated by reference in 35 Iii. Adm.

Code 720.111.

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

July 21, 2003

(68 Fed. Reg. 43272)

USEPA approved new methods for microbiological

analysis ofwater and wastewater.

September 19, 2003

(68 Fed. Reg. 54934)

USEPA corrected its July 21, 2003

approval ofnew

methods for microbiological analysis ofwater

and

wastewater.

Review ofthese two federal actions, however, indicates that the Board will not need to

update the incorporation of40 C.F.R.

136 by reference to include them.

The methods

approved by USEPA relate exclusively to microbiological analysis ofwater and waste.

Such microbiological analysis is not used to implement the RCRA Subtitle

C hazardous

waste regulations.

Thus, the Board is

acting in this consolidated R04-16 docket on the following USEPA

amendments:

July

30,

2003

USEPA adopted a number ofcorrective and clarifying

(68 Fed. Reg.

44659)

amendments to the used oil management standards.

Specifically, the amendments to Part 721

implement segments ofthe federal corrective

and clarifying amendments to the used oil rules.

Tables appear in the Board’s opinion and order ofApril

1, 2004 in docket R04-16 that list

numerous corrections

and amendments that are not based on current federal amendments.

The tables contain deviations from the literal text ofthe federal amendments underlying

these amendments, as well as corrections and clarifications that the Board made in the

base text involved.

Persons interested in the details ofthose corrections and amendments

should refer to

the April

1, 2004

opinion and order in docket R04-16.

Section 22.4 ofthe Environmental Protection Act 415

ILCS 5/22.4

provides that

Section

5-35

ofthe Administrative Procedure Act

ILCS

100/5-35

does not apply to

this rulemaking.

Because this rulemaking is not subject to Section

5-35

ofthe APA, it is

not subject to First Notice or to Second Notice review by the Joint Committee on

Administrative Rules (JCAR).

6)

 Will thisproposed amendment replaceany emergencyamendment currently in effect?

Does this rulemaking contain an automatic repeal date?:

ILLINOIS

 REGISTER

3

04

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

Does this proposed amendment contain incorporations by reference?

No.

The segments

ofPart 721

that are involved in this proceeding include no incorporations by reference.

Are there any other amendments pending on this Part?

10)

Statement ofstatewide policy objectives:

These proposed amendments do not create or

enlarge a state mandate, as defined in Section 3(b) ofthe State Mandates Act~

ILCS

805/3(b)

(2002).

11)

Time, place and

 manner inwhich interestedpersons may commenton thisproposed

rulemaking:

The Board will accept writtenpublic comment on this proposal for a period

of45 days after the date ofthis publication.

Comments should reference Docket R04-16

and be addressed to:

Ms.DorothyM.

Gunn, Clerk

Illinois Pollution Control Board

State ofIllinois Center, Suite 11-500

100 W. Randolph St.

Chicago IL 60601

Please direct inquiries to

the following person and reference Docket R04-1 6:

Michael J. McCambridge

StaffAttorney

Illinois Pollution Control Board

100 W. Randolph

11-500

Chicago IL

60601

Phone:

312-814-6924

E-mail:

mccambm@ipcb.state.il.us

Request copies ofthe Board’s opinion and order at 312-814-3620, or download a copy

from the Board’s Website at http:\\www.ipcb.state.il.us.

12)

Initial regulatory flexibility analysis:

Types ofsmall businesses, small municipalities, and not-for-profit corporations

affected:

This rulemaking may affect those small businesses, small

municipalities, and not-for-profit corporations that generate, transport, treat, store,

or dispose ofhazardous waste.

ILLINOIS REGISTER

04

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

Reporting, bookkeeping or other procedures required for compliance:

The

existing rules and proposed amendments require extensive reporting, bookkeeping

and other procedures, including the preparation ofmanifests and

aimual

reports,

waste analyses

and

 maintenance ofoperatingrecords.

Types ofprofessional skills necessary for compliance:

Compliance with the existing

rules and proposed amendments may require the services ofan

attorney, certified public

accountant, chemist, and registered professional engineer.

13)

Regulatory

 agendaon

which

this rulemaking was summarized:

January 2004

The full text ofthe Proposed Amendment begins on the next page:

‘F

EXEMPT

JCAR350721-04063OOrO1

1

3

8

11

12

 Section

13

 721.101

721.102

721.103

721.104

17

 721.105

721.106

20

 721.107

21

 721.108

22

 721.109

23

24

25

26

27

Section

29

 721.110

30

 721.111

32

33

34

 Section

35

 721.120

721.121

 721.122

38

 721.123

721.124

40

41

42

43

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER c:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

 IDENTIFICATIONAND LISTINGOF

HAZARDOUS WASTE

SUBPART A:

GENERAL PROVISIONS

Purpose and Scope

Definition ofSolid Waste

Definition ofHazardous Waste

Exclusions

Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

Requirements forRecyclable Materials

Residues ofHazardous Waste in Empty Containers

PCB Wastes Regulated under TSCA

Requirements for Universal Waste

SUBPART B:

CRITERIA FOR IDENTIFYING THE

CHARACTERISTICS OF HAZARDOUS WASTE

AND FOR LISTING HAZARDOUS WASTES

Criteria for Identifying the Characteristics ofHazardous Waste

Criteria for Listing Hazardous Waste

SUBPART C:

CHARACTERISTICS OF HAZARDOUS WASTE

General

Characteristic ofIgnitability

Characteristic ofCorrosivity

Characteristic ofReactivity

Toxicity Characteristic

SUBPART D:

LISTS OF HAZARDOUS WASTE

Section

JCAR350721-0406300r01

General

HazardousWastes fromNonspecific Sources

Hazardous Waste from Specific Sources

Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues, and Spill Residues Thereof

Wood Preserving Wastes

Comparable or Syngas Fuel Exclusion

Representative SamplingMethods

Method 1311 Toxicity Characteristic LeachingProcedure (TCLP)

Chemical Analysis Test Methods

Analytical

 Characteristics ofOrganic Chemicals (Repealed)

Analytical Characteristics

 ofInorganic Species (Repealed)

Sample PreparationlSample Introduction Techniques

(Repealed)

Basis for ListingHazardous Wastes

Hazardous Constituents

Wastes Excludedby Administrative Action

Wastes ExcludedbyUSEPA under 40CFR260.20

and

 260.22 from

Non-Specific Sources

Wastes ExcludedbyUSEPA under 40 CFR260.20and 260.22 from

Specific Sources

Wastes ExcludedbyUSEPA under40CFR260.20 and260.22 from

Commercial

Chemical Products, Off-Specification Species, Container

Residues, and Soil Residues Thereof

Wastes Excludedby theBoardby Adjusted Standard

Method ofAnalysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans (Repealed)

Table to Section 721.138

Table to Section 721.102

AUTHORITY: Implementing Sections 7.2

and 22.4

 and authorizedby Section 27 ofthe

Environmental Protection Act 415 ILCS

5/7.2,

22.4 and 27.

79

 SOURCE: Adopted inR81-22 at

Ill. Reg. 9781, effective May 17,

1982; amended

and

80

 codified in R81-22 at 6 Ill. Reg. 4828, effectiveMay 17, 1982; amended inR82-18 at 7 Ill. Reg.

81

 2518, effective February 22, 1983; amended inR82-19 at 7 Ill. Reg. 13999, effective October 12,

82

 1983; amended in R84-34, 61 at

 8111. Reg.24562, effectiveDecember 11, 1984; amended in

83

 R84-9 at 9 Ill. Reg. 11834, effectiveJuly 24,

1985;

 amended inR85-22 at 10 Ill. Reg. 998,

84

 effectiveJanuary 2, 1986; amended inR85-2 at 10 Ill. Reg. 8112, effectiveMay2, 1986;

85

 amended inR86-1 at 10 Ill. Reg. 14002, effectiveAugust 12, 1986; amended inR86-19 at 10 Ill.

86

 Reg.20647, effective December 2, 1986; amended inR86-28 at 11111. Reg. 6035, effective

721.130

721.131

72 1. 132

721.133

721.135

721.138

721.APPENDIX A

721.APPENDIX B

721.APPENDIX C

721.TABLE A

721.TABLEB

721.TABLE C

721.APPENDIX G

721.APPENDIX H

721.APPENDIX I

721.TABLE A

721.TABLE B

721.TABLE C

721.TABLE D

721.APPENDIX J

721.APPENDIX Y

721.APPENDIX Z

76

78

JCAR3

50721-0406300r01

March 24,

1987; amended in R86-46 at

11111. Reg.

13466, effective August 4,

1987; amended in

R87-32 at 11111. Reg.

16698, effective September 30,

1987;

amended in R87-5 at 11111. 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

Iii. 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 R90-1

at 15 Ill. Reg.

9332, effective June 17,

1991; amended in R91-

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

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

16 Ill. Reg.

17666, effective November 6, 1992;

amended in R92-10 at

17 Ill. Reg. 5650, effective March 26,

100

1993; amended in R93-4 at 17

Ill. Reg. 20568, effective November 22,

1993;

amended in R93-

101

16 at

18 Ill.

Reg. 6741,

effective April 26,

1994; amended in R94-7 at

18 Ill. Reg.

12175,

102

effective July 29,

1994; amended in R94-17

at 18 Ill. Reg.

17490, effective November 23,

1994;

103

amended in R95-6 at

19 Ill. Reg. 9522, effective June 27,

1995;

amended in R95-20 at 20 Ill.

104

Reg.

10963,

effective August

1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275,

105

effective December

16,

1997; amended

in R98-12 at 22 Ill. Reg.

7615, effective April

15,

1998;

106

amended in R97-21/R98-3/R98-5 at 22

Ill. Reg.

17531, effective September 28,

1998; amended

107

in R98-21/R99-2/R99-7 at 23

Ill. Reg.

1718, effective January 19,

1999;

amended in R99-15 at

108

23 Ill. Reg. 9135,

effective July 26,

1999; amended in R00-13 at 24 Ill. Reg.

9481, effective June

109

20, 2000; amended in R01-3 at 25 Ill. Reg.

1281, effective January 11, 2001; amended

inROl-

110

21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26

111

Ill. Reg. 6584,

effective April 22, 2002;

amended in R03-18 at 27 Ill. Reg.

12760, effective July

112

17, 2003; amended in R04-16 at 28 Ill. Reg.

______,

effective

_____________

113

114

SUBPART A:

GENERAL PROVISIONS

115

116

Section 721.105

Special Requirements for Hazardous Waste Generated by Small Quantity

117

Generators

118

119

A generator is a conditionally exempt small quantity generator in a calendar

120

month if

it generates no more than

100 kilograms ofhazardous waste in that

121

 month.

122

123

Except for those wastes identified in subsections (e), (f), (g) and (j) ofthis

124

Section, a conditionally exempt small quantity generator’s hazardous wastes are

125

not subject to regulation under 35

Ill. Adm. Code 702, 703, 722 through 726, and

126

728, and the notification requirements ofsection 3010 ofResource Conservation

127

and RecoveryAct, provided the generator complies with the requirements of

128

subsections

(f), (g), and (j) ofthis Section.

129

JCAR3 50721-04063 OOrO1

130

When making the quantity determinations ofthis Part and

35 Ill. Adm.

Code 722,

131

the generator must include all hazardous waste that it generates, except the

132

following hazardous waste:

133

134

Hazardous waste that is

exempt from regulation under Section 721.104(c)

135

through(f),

721.106(a)(3), 721.107(a)(1), or 721.108;

136

137

Hazardous waste that is managed immediately upon generation only in on-

138

site elementary neutralization units,

 wastewatertreatment units, or totally

139

enclosed treatment facilities, as defined in 35 Iii. Adm. Code 720.110;

140

141

Hazardous waste that

is recycled, without prior storage or accumulation,

142

only in an on-site process subject to regulation under Section

143

 721.106(c)(2);

144

145

4)

 Hazardous waste that is used oilmanagedunder therequirements of

146

Section 721.106(a)(4) and 35 Ill. Adm. Code 739;

147

148

Hazardous waste that is spent lead-acid batteries managed under the

149

requirements of Subpart G of

Ill. Adm. Code 726;

and

150

151

Hazardous waste that is universal waste managed under Section 721.109

152

and 35 Ill. Adm. Code

733.

153

154

In determining the quantity ofhazardous waste it generates, a generator need not

155

include the following:

156

157

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

158

159

Hazardous waste produced by on-site treatment (including reclamation) of

160

its hazardous waste so long as the

hazardous waste that is treated was

161

counted once;

162

163

Spent materials that

are generated, reclaimed, and subsequentlyreused on-

164

site, so long as such spent materials have been counted once.

165

166

e)

 Ifa generator

generates acute hazardous waste in

a calendar month in quantities

167

greater than those set

forth

belowin subsections (e)(1) and

(e)(2) ofthis Section,

168

all quantities ofthat

acute hazardous waste are subject to

full regulation under 35

169

Ill.

Adm. Code 702, 703, 722 through 726, and

728, and the notification

170

requirements of section 3010 of the Resource Conservation and Recovery Act~

171

172

1)

 A total ofone kilogramofone ormore ofthe acute hazardous wastes

JCAR3 50721-04063 OOrO1

173

 listedinSection72l.131,72l.132,or721.133(e);or

174

175

A total of 100 kilograms ofany residue or contaminated soil, waste, or

176

other debris resulting from the clean-up ofa spill, into or on any land or

177

water, ofany one or more ofthe acute hazardous wastes listed in Section

178

721.131, 721.132, or 721.133(e).

179

180

BOARD NOTE:

“Full regulation” means those regulations applicable to

181

generators of greater than 1000 kg ofnon-acute hazardous waste in a calendar

182

month.

183

184

In order for acute hazardous wastes generated by a generator ofacute hazardous

185

wastes in quantities equal to or less than those set forth in subsection (e)(1) or

186

(e)(2) ofthis Section

to be excluded from full regulation under this Section,

the

187

generator must comply with the following requirements:

188

189

35Ill.Adm.Code722.111.

190

191

The generator may accumulate

acute hazardous waste on-site.

Ifthe

192

generator accumulates at any time acute hazardous wastes in quantities

193

greater than set forth in subsection (e)(1) or (e)(2) ofthis Section, all of

194

those accumulated wastes are subject to regulation under 35 Ill. Adm.

195

Code 702, 703, 722 through 726, and 728, and the applicable notification

196

requirements of section 3010 ofthe Resource Conservation and Recovery

197

Act. The time period of35

Ill. Adm. Code 722.134(a), for accumulation of

198

wastes on-site,

begins when the accumulated wastes exceed the applicable

199

exclusion limit.

200

201

A conditionally exempt small quantity generator may either treat or

202

dispose ofits acute hazardous waste in

an on-site facility or ensure

203

delivery to an off-site treatment, storage, or disposal facility, any ofwhich,

204

if located in the United States, meets anyof the following conditions:

205

206

The

facility is permitted under

Ill. Adm. Code 702 and 703;

207

208

The facility has interim

status under 35

Ill. Adm. Code 702, 703,

209

and 725;

210

211

The facility is authorized to manage hazardous waste by a state

212

with a hazardous waste management program approved by USEPA

213

pursuant to 40 CFR 271;

214

215

D)

 The facility ispermitted, licensed, or registered by a state to

JCAR3 50721-04063OOrOl

216

manage municipal solid waste and, if managed in a municipal solid

217

waste landfill facility, the landfill is

subject to 35 Iii.

Adm. Code

218

810 through 814 or40

CFR 258;

219

220

The facility is permitted, licensed, orregistered by a state to

221

manage non-municipal non-hazardous waste and, if managed in a

222

non-municipal non-hazardous waste disposal unit, the unit is

223

 subject to the requirements of40CFR257.5 through 257.30.

224

225

BOARD NOTE:

The Illinois non-hazardous waste landfill

226

regulations, 35 Ill. Adm.

Code 810 through 814, do not allow the

227

disposal ofhazardous waste in a landfill regulated under those

228

rules.

The Board intends that subsections (f)(3)(D) and (f)(3)(E) of

229

this Section impose a federal requirement on the hazardous waste

230

generator.

The Board specifically does not intend that these

231

subsections authorize any disposal ofconditionally-exempt small

232

quantity generator waste in a landfill not specifically permitted to

233

accept the particular hazardous waste.

234

235

The facility is one

that fulfills one of the following conditions:

236

237

It beneficially uses orreuses or legitimately recycles or

238

reclaims its waste; or

239

240

ii)

It treats its waste prior to beneficial use or reuse or

241

legitimate recycling or reclamation; or

242

243

For universal waste managed under 35

Ill. Adm. Code 733

or 40

244

CFR 273, the facility is

a universal waste handler ordestination

245

facility subject to

the requirements of35 Ill.

Adm. Code 733

or 40

246

CFR273.

247

248

In order for hazardous waste generated by a conditionally exempt

small quantity

249

generator in quantities ofless than

100 kilograms ofhazardous waste during a

250

calendar month to be excluded from full regulation under this

Section, the

251

generator must comply with the following requirements:

252

253

1)

35

 Ill. Adm. Code722.1l1;

254

255

The conditionally exempt small quantity generator may accumulate

256

hazardous waste on-site.

 it accumulates at

any time more than a total of

257

1000 kilograms ofthe generator’s hazardous waste, all ofthose

258

accumulated wastes are subject to regulation under the special provisions

JCAR350721-0406300r01

259

 of35 Ill. Adm. Code722 applicable to generators ofbetween 100 kgand

260

1000 kg ofhazardous waste in

a calendar month, as well as the

261

requirements of35 Ill.

Adm. Code 702, 703, 723 through 726, and 728,

262

and the applicable notification requirements ofSection 3010 ofthe

263

Resource Conservation and Recovery Act.

The time period of35

Ill.

264

Adm.

Code 722.134(d) for accumulation ofwastes on-site begins for a

265

small quantity generator when the accumulated wastes exceed

1000

266

kilograms;

267

268

A conditionally exempt small quantity generator may either treat or

269

dispose ofits hazardous waste in an on-site facility or ensure delivery to

270

an off-site treatment,

storage, or disposal facility, any ofwhich, if located

271

in the United States, meets any ofthe following conditions:

272

273

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

274

275

The facilityhas interim status under 35 Iii.

Adm.

Code

702, 703,

276

and 725;

277

278

The facility is authorized to manage hazardous waste by a state

279

with a hazardous waste management program approved by USEPA

280

under 40 CFR 271

(2002);

281

282

The facilityis permitted, licensed, or registered by a state to

283

manage municipal solid waste and, if managed in a municipal solid

284

waste landfill facility, the landfill is subject to 35 Ill.

Adm. Code

285

810 through 814 or 40 CFR 258;

286

287

The facility is permitted, licensed, or registered by a state to

288

manage non-municipal non-hazardous waste and, if managed in a

289

non-municipal non-hazardous waste disposal unit, the unit is

290

subject to the requirements of40 CFR 257.5 through 257.30;

291

292

BOARD NOTE:

The Illinois non-hazardous waste landfill

293

regulations, 35 Ill.

Adm.

Code 810 through 814, do not allow the

294

disposal ofhazardous waste in a landfill regulated under those

295

rules.

The Board intends that subsections (g)(3)(D) and (g)(3)(E)

296

ofthis

Section impose a federal requirement on the hazardous

297

waste generator.

The Board specifically does not intend that these

298

subsections authorize any disposal ofconditionally-exempt small

299

quantity generator waste in a landfill not specifically permitted to

300

accept the particularhazardous waste.

301

JCAR3 50721 -04063OOrOl

302

F)

 The facility is one that fulfills the followingconditions:

303

304

i)

 It beneficiallyuses

orre-uses, or legitimately recycles or

305

 reclaims the small quantity generator’swaste; or

306

307

ii)

 It treats its waste prior to beneficial use orre-use, or

308

 legitimate recycling or reclamation;or

309

310

For universal waste managed under 35

Ill. Adm. Code 733 or40

311

 CFR 273, the facility is a universalwaste handler or destination

312

facility subject to the requirements of 35 Ill. Adm. Code 733 or 40

313

 CFR273.

314

315

h)

 Hazardous waste subject to thereduced requirementsofthis Sectionmay be

316

mixed with non-hazardous waste and remain subject to these reduced

317

requirements even though the resultant mixture exceeds the quantity limitations

318

identified in this Section, unless the mixture meets anyofthe characteristics of

319

hazardous wastes identified in Subpart C ofthis Part.

320

321

i)

 Ifa small quantity generatormixes a solid

waste with a hazardous waste that

322

exceeds

a quantity exclusion level of this Section,

the mixture is subject to

full

323

 regulation.

324

325

If a conditionally exempt small quantity generator’s hazardous wastes are mixed

326

with used oil, the mixture is subject to 35 Ill. Adm. Code

739 if it is

destiiied to be

327

burned

 for energy

recovery.

Anymaterial produced from such a mixture by

328

processing, blending, or other treatment is also

so regulated if it is destined to be

329

burned for energyrecovery.

330

331

(Source:

Amended at 28

Ill. Reg.

_______,

 effective

______________

N’

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

~//~4

Heading ofthe Part:

Identification and Listing ofHazardous Waste

Code citation:

35 Ill.

Adm. Code 721

3)

 Section number:

721.105

Proposed Action:

Amend

4)

 Statutory authority: 415 ILCS 5/7.2, 22.4, and 27.

 A complete description ofthe subjects

and

 issues involved: The followingbriefly

describes the subjects and issues involved in the larger rulemaking ofwhich the

amendments to Part

 721 are a

single segment.

Also affected is

Iii. Adm. Code 739,

which is covered by a separate notice in this issue ofthe

Illinois Register.

A

comprehensive description is

contained in the Board’s opinion and order ofApril

1, 2004,

proposing amendments

in docket R04-16 for public comment, which opinion and order is

available from the address below.

As is explained in that opinion, the Board will receive

public comment on the proposed amendments for 45 days from the date they appear in

the

Illinois Register

before proceeding to adopt amendments based on this proposal.

This proceeding would update the Illinois RCRA Subtitle C hazardous waste rules to

correspond with amendments adopted by the United States Environmental Protection

Agency (USEPA) that appeared in the Federal Register during a single update period.

The docket and time period that

is involved in this proceeding is the following:

R04- 16

Federal RCRA Subtitle C amendments that occurred during the

period July

1, 2003 through December 31, 2003.

The R04-16 docket amends rules in Parts

721

and 739.

Prior to discussing the specific

changes made to this Part, the Board will describe the docket as a whole,

since

amendments to various Parts may be inter-related.

The following table briefly

summarizes the federal action in the update period:

July 30, 2003

USEPA adopted a number ofcorrective and clarifying

(68 Fed. Reg.

44659)

amendments to the used oil management standards.

The Board included two federal actions that amended the Clean Water Act analytical

methods, which are incorporated by reference in 35

Ill. Adm. Code 720.111.

ILLINOIS REGISTER

04

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

July 21,

2003

(68 Fed.

Reg. 43272)

USEPA approved newmethods for microbiological

analysis ofwater and wastewater.

September 19, 2003

(68 Fed. Reg.

54934)

USEPA corrected its July 21, 2003 approval ofnew

methods for microbiological analysis ofwater and

wastewater.

Review ofthese two federal actions, however, indicates that the Board will not need to

update the incorporation of40 C.F.R. 136by reference to include them. Themethods

approved by USEPA relate exclusively to microbiological analysis ofwater and waste.

Such microbiological analysis is not used to implementihe~RCRA

Subtitle C hazardous

waste regulations.

Thus, the Board is acting in this consolidated R04-16 docket on the following USEPA

amendments:

July 30, 2003

USEPA adopted a number of corrective and clarifying

(68 Fed. Reg.

44659)

amendments to the usedoil management

standards.

Specifically, the amendments to Part 721

implement segments ofthe federal corrective

and clarifying amendments to the used oil rules.

Tables appear in the Board’s opinion and

orderofApril

1, 2004 in docket R04-16 that list

numerous corrections and amendments that are not based on current federal amendments.

The tables contain deviations from the literal text ofthe federal amendments underlying

these amendments, as well

as corrections and clarifications that the Board made in the

base text involved.

Persons interested in the details ofthose corrections and amendments

should refer to the April

1, 2004 opinion and order in docket R04-16.

Section 22.4 ofthe Environmental Protection Act 415

ILCS

5/22.4

provides that

Section

5-35

ofthe Administrative Procedure Act

ILCS

100/5-3

does not apply to

this

rulemaking.

Because this rulemaking is not subject to

Section

5-35

ofthe APA, it is

not subject to First Notice orto Second Notice review by the Joint Committee on

Administrative Rules (JCAR).

Will this proposed amendment replace any emergency amendment currently in effect?

Does this rulemaking contain an automatic repeal date?:

ILLINOIS REGISTER

04

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

Does this proposed amendment contain incorporations by reference?

No.

The segments

ofPart 721

that are involved in this proceeding include no incorporations by reference.

Are there any other amendments pending on this Part?

10)

Statement ofstatewide policy objectives:

These proposed amendments do not create or

enlarge a state mandate, as defined in Section 3(b) ofthe State Mandates Act

ILCS

805/3(b) (2002).

11)

Time, place and maimer in which interested persons may comment on this proposed

rulemaking: The

Board will accept written public comment on this proposal for a period

of45 days after the date ofthis publication.

Comments should reference Docket R04- 16

and be addressed to:

Ms. Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

State ofIllinois Center, Suite 11-500

100 W. Randolph St.

Chicago IL 60601

Please direct inquiries to the following person and reference Docket R04- 16:

Michael J. McCambridge

Staff Attorney

Illinois Pollution Control Board

100W. Randolph

11-500

Chicago IL

60601

Phone:

312-814-6924

E-mail:

mccambm@ipcb.state.il.us

Request copies ofthe Board’s opinion and order at 312-814-3620, or download a copy

from the Board’s Website at http:\\www.ipcb.state.il.us.

12)

Initial regulatory flexibility analysis:

Types ofsmall businesses,

small

 municipalities, and not-for-profit corporations

affected:

This rulemaking may affect those small businesses, small

municipalities, and not-for-profit corporations that generate, transport, treat, store,

or dispose ofhazardous waste.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENT

Reporting, bookkeeping or other procedures required for compliance:

The

existing rules

 andproposed amendments require

extensive reporting, bookkeeping

and other procedures, including the preparation ofmanifests and annual reports,

waste analyses and maintenance ofoperating records.

Types ofprofessional skills necessary for compliance:

Compliance with the existing

rules and proposed amendments may require the services ofan attorney, certified public

accountant, chemist, and registered professional engineer.

13)

Regulatory agenda on which this rulemaking was summarized:

January 2004

The full text ofthe Proposed Amendment begins on the next page:

CLERK’S OFFICE

APR

2004

STATE OF ILLINOIS

________Pollution Control Board

LINE NUMBERED VERSION

,,ksri1

“~y

~-~f

fh~

rP11PI~’Q rll~rr~lrirl~

1”

This version

should be identical to the submission

made by the agency,

with

the exceptions that

errors in Source or Authority Notes may have

been

corrected;

the

format

used

that

the

electronic

Illinois

Administrative

Code

database,

formatting

discrepancies

will

corrected;

incorrect

depictions

of existing

language

may

have

been

corrected

conform

with

the

IAPA;

statutory

citations

will

handled

correctly;

any

obvious

misspellings

revealed

an electronic

spell check may have been

corrected; and

simple

technical

corrections

may

have been made.

If any such changes

have been made, they will

highlighted

the

attached

copy.

If there

any problem,

contact

JCAR.

On this mark-up,

any word or punctuation that has been altered will be

highlighted.

You will

need to

compare

this

to your hard

copy or your

database

determine

how the

original

text

read. If a white

space

highlighted, you will know that text has been omitted at that location.

always,

you

would

adopted

rulemaking

any

Illinois

Administrative

Code

database

materials

disk

or through

e-mail

for

purposes of upload, contact Terra Lamb at

785-2254.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Heading ofthe Part:

Standards for the Management ofUsed Oil

Code citation:

Iii. Adm.

Code 739

Section numbers:

Proposed Action:

739.100, 739.110, 739.111

Amend

739.112, 739.120, 739.121

Amend

739.122, 739.123, 739.124

Amend

739.130, 739.131, 739.132

Amend

739. 140, 739.141, 739.142

Amend

739.143, 739.144, 739.145

Amend

739.146, 739.147, 739.150

Amend

739.151, 739.152, 739.153

Amend

739.154, 739.155, 739.156

Amend

739.157, 739.158, 739.159

Amend

739.160, 739.161, 739.162

Amend

739.163, 739.164, 739.165

Amend

739.166, 739.167, 739.170

Amend

739.171, 739.172, 739.173

Amend

739.174, 739.175, 739.180

Amend

739.181,739.182

Amend

Statutory authority:

415 ILCS 5/7.2, 22.4, and 27.

A complete description ofthe subjects and issues involved:

The amendments

to Part

739

are a single segment of a larger rulemaking that also affects 35

Ill. Adm. Code

 721,which

is covered by a separate notice in this issue ofthe

Illinois Register.

To save space, S$ a

more detailed description ofthe subjects

and issues involved in the larger rulemaking in

this

Illinois Register

only in the answer to

question

 in the Notice of Proposed

Amendments for 35 Ill. Adm.

Code 721.

A comprehensive description is contained in the

Board’s opinion and order ofApril

1, 2004, proposing amendments in docket R04-16 for

public comment, which opinion and order is available

from the address below.

As is

explained in that opinion, the Board will receive public comment on the proposed

amendments for 45 days from the date they appear in the

Illinois Register

before

proceeding to adopt amendments based on this proposal.

Specifically, the amendments to Part 739 implement segments of the federal corrective

and clarifying amendments to the used oil rules.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Tables appear in the Board’s opinion and order ofApril

1, 2004 in docket R04-16 that list

numerous corrections

and amendments that are not based on current federal

amendments.

The tables contain deviations from the literal text ofthe federal amendments underlying

these amendments, as well as corrections and

clarifications that the Board madein the

base text involved.

Persons interested in the details ofthose corrections and amendments

should refer to

the April

1, 2004

opinion and order in docket R04-16.

Section 22.4 ofthe Environmental Protection Act 415

ILCS

5/22.4

provides that

Section

5-35

the Administrative Procedure Act

ILCS

100/5-35

does not apply to

this rulemaking.

Because this rulemaking is not subject to

Section 5-35 ofthe APA, it is

not

subject to First Notice or to Second Notice review by the Joint Committee

Administrative

Rules (JCAR).

Will these proposed amendments replace emergency amendments currently in effect?

Does this rulemaking contain an automatic repeal date?:

Do these proposed amendments contain incorporations by reference?

Yes.

Part 739

includes a number ofincorporations by reference.

Sections 739.11 0(b)( 1 )(B),

739.144(c),

739.153(c), and 739.163(c), the format ofthe incorporation was altered to

that used throughout all otherparts ofthe hazardous waste regulations.

The incorporation

at this location was replaced with a reference to the incorporation of SW-846 by reference

at 35111. Adm. Code

720.111.

Are there any other amendments pending on this Part?

10)

 Statement

ofstatewide policy objectives:

These proposed amendments

do not create or

enlarge a state mandate, as defined in Section 3(b) ofthe State Mandates Act 30

ILCS

805/3(b) (2002).

11)

Time, place and manner in which interested persons may comment on this proposed

rulemaking:

The Board will accept written public

comment on this proposal for a period

of45 days after the date ofthis publication.

Comments should reference Docket R04- 16

and be addressed to:

Ms. DorothyM. Gunn, Clerk

Illinois Pollution Control Board

State ofIllinois Center, Suite 11-500

100 W. Randolph St.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OFPROPOSEDAMENDMENTS

Chicago, IL 60601

Please direct inquiries to the following person and reference Docket R04- 16:

Michael J. McCambridge

Staff Attorney

Illinois Pollution Control Board

100 W. Randolph

11-500

Chicago,IL

60601

Phone:

312-814-6924

E-mail:

mccambm@ipcb.state.il.us

Request copies ofthe Board’s opinion and

order at 312-814-3620, or download a copy

from the Board’s Website at http:\\www.ipcb.state.il.us.

12)

Initial regulatory flexibility analysis:

Types ofsmall businesses, small municipalities, and not-for-profit corporations

affected:

This rulemaking may affect those small businesses, small

municipalities, and not-for-profit corporations that generate, transport, treat, store,

or dispose ofhazardous waste.

Reporting, bookkeeping or other procedures required forcompliance:

The

existing rules and proposed amendments require extensive reporting, bookkeeping

and other procedures, including the preparation ofmanifests and annual reports,

waste analyses and maintenance ofoperating records.

Types ofprofessional skills necessary for compliance:

Compliance with the

existing rules and proposed amendments may require the services ofan attorney,

certified public accountant, chemist, and registered professional engineer.

13)

Regulatory agenda on which this rulemaking was summarized:

January 2004

The full text ofthe Proposed Amendments begins on the next page:

JCAR350739-04063 13r01

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

HAZARDOUS WASTE OPERATING REQUIREMENTS

6

 PART 739

STANDARDS FOR THE MANAGEMENT OF USED OIL

8

10

 SUBPART A: DEFINITIONS

11

12

 Section

13

 739.100

 Definitions

15

 SUBPART B: APPLICABILITY

Section

739.110

Applicability

739.111

Used Oil Specificationsoil specifications

739.112

Prohibitions

21

SUBPART C:

STANDARDS FOR USED OIL GENERATORS

23

24

 Section

25

 739.120

 Applicability

739.121

Hazardous ‘W~stej

~ixingwaste~mi*i~+g

27

 739.122

 Used Oil Storageoil storage

28

 739.123

 On-Site

BurningOn site burning in Space Heatersspace heaters

29

 739.124

 Off-Site ShipmentsOffsite shipments

SUBPART D:

STANDARDS FOR USED OIL COLLECTION CENTERS

32

 AND AGGREGATION POINTS

Section

35

 739.130

 Do-It-YourselferUsed Oil Collection CentersDo

 it yourselferused oil collecti

centers

739.13 1

Used Oil

Collection Centers oil collection

centers

739.132

Used Oil Aggregate Points Owned oil aggregate points owned by the

Generatorgenerator

40

SUBPART E:

STANDARDS FOR USED OIL TRANSPORTER

42

 AND TRANSFER FACILITIES

43

JCAR350739-04063 l3rOl

Section

739.140

Applicability

739.141

Restrictions on Transporterstransporters that Are Not Also Processors are not also

processors

739.142

Notification

739.143

Used Oil Transportationoil

transportation

739.144

Rebuttable Presumptionpresumption for Used Oilused oil

739.145

Used Oil

Storageoil storage at Transfer Facilitiestransfer facilities

739.146

Tracking

739.147

Management ofResiduesresidues

54

SUBPART

STANDARDS FOR USED OIL PROCESSORS

Section

739.150

Applicability

739.15 1

Notification

739.152

General Facility Standardsfacility standards

739.153

Rebuttable Presumptionpresumption forUsed Oilused oil

 739.154

 Used Oil Managementoil management

 739.155

 Analysis~j~g~p4an

739.156

Tracking

739.157

Operating Record and Reportingreeerd-and-fepeithig

739.158

Off-Site ShipmentsOff site shipments ofUsed Oilused oil

739.159

Management ofResiduesresidues

SUBPART G:

STANDARDS

FOR USED OIL BURNERS THAT BURN

70

 OFF-SPECIFICATIONUSEDOILFORENERGYRECOVERY

72

 Section

739.160

Applicability

739.161

Restriction on Burningburning

739.162

Notification

739.163

Rebuttable Presumptionpresumption for Used Oilused oil

739.164

Used Oil

Storageoil storage

739.165

Tracking

739.166

Notices

739.167

Management ofResiduesresidues

82

 SUBPARTH:

STANDARDS FOR USED OIL FUEL MARKETERS

Section

739.170

Applicability

739.171

Prohibitions

JCAR350739-04063 13r01

87

 739.172

 On-Specification Used OilFuelOn specmcauon

u~u

88

 739.173

 Notification

739.174

Tracking

90

 739.175

 Notices

SUBPART

STANDARDS FOR USE AS

DUST SUPPRESSANT DISPOSAL OF USED

OIL

94

95

 Section

739.180

Applicability

739.181

Disposal

739.182

Use Asas a Dust Suppressantdust suppressant

100

AUTHORITY:

Implementing Section 22.4

and authorized by Section 27 ofthe Environmental

101

Protection Act 415

ILCS 5/22.4 and 27.

102

103

SOURCE:

Adopted in R93-4 at

17 Ill. Reg. 20954, effective November 22,

1993; amended in

104

R93-16 at

18 Ill. Reg. 6931,

effective April 26,

1994;

amended in R94-17 at

18 Iii. Reg.

17616,

105

effective November 23,

1994;

amended in

R95-6

at 19

Ill. Reg.

10036, effective June 27,

1995;

106

amended in R96-10/R97-3/R97-5 at 22

Ill. Reg. 767, effective December

16,

1997;

amended in

107

R98-21/R99-2/R99-7 at 23 Ill. Reg. 2274,

effective January 19,

1999;

amended in R04-16 at 28

108

Ill. Reg.

_______,

effective

_____________

109

110

SUBPART A:

DEFINITIONS

111

112

Section 739.100

Definitions

113

114

Terms that are defined in 35

Ill. Adm. Code 720.110, 721.101, and

 731.112have the same

115

meanings when used in this Part.

116

117

“Aboveground tank” means a tank used to store or process used oil that

is not an

118

 underground storage

tanlç

 as defined in35 Ill. Adm. Code 280.12.

119

BOARD NOTE:

This

definition is different from the definition for

120

“abovegroundAboveground tank”

 given in 35 Ill.

Adm. Code 720.110.

Although

121

the meanings are similar, the main distinction is that the definition for this Part

122

limits the tanks to those used to

store or process used oil, whereas the 720.110

123

definition contemplates tanks that contain hazardous wastes.

~i~jsTheabove

124

definition ofaboveground tank is limited

to this Part only.

125

126

“Container” means any portable device in which

a material is stored, transported,

127

treated, disposed of, or otherwise handled.

128

129

 “Do-it-yourselfer used oil collection center” means any site

or facility that accepts

JCAR350739-04063 13r01

130

 or aggregates and storesused oil collected onlyfrom household do-it-yourselfers.

131

132

 “Existingtank” means a tank that is used for the storage or processing ofused oil

133

 and that is in operation, or for which installationhadhas commenced

on orprior to

134

 October4,

 1996the effective dateof the authorized used oilprogram for the State

135

in which the tank

is

located.

Installation will be considered to

have commenced if

136

the owner or operator i~jhasobtained all federal, state, and local approvals or

137

permits necessary to begin installation ofthe tank

 and if eitherofthe following

138

had occurred:

139

140

A continuous on-site installation program hadhas begun, or

141

142

The owner or operator ~has

entered into contractual

 obligations that

143

cannot be canceled or modified without substantial loss for installation of

144

the tank to be completed within a reasonable time.

145

BOARD NOTE:

This definition is similar to the definition for “Existing tank

146

system” in 35

Ill. Adm. Code

720.110. Although the meanings are similar, the

147

definition given above for “existing tank” in this

Part limits the tanks to those used

148

store

orprocess used oil, whereas the 720.110 definition contemplates tanks

149

systems that contain hazardous wastes

ThisThe abo~

e definition ofexisting tank

150

is limited

to this

Part only.

151

152

“Household ‘do-it-yourselfer’ used oil” means oil that is

derived from households,

153

such as used oil generated by individuals who generate used oil through the

154

maintenance of their personal vehicles.

155

BOARD NOTE: Household ~!do..it..yourselfer.~

used oil is not subject to the

156

State’s special waste hauling permit requirements under Part 809.

157

158

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

159

generates

household “do-it-yourselfer” used oil.

160

161

 “New

tank” means a tank that will be used to

store orprocess used oil and for

162

which installation hadhas commenced after October 4,

1 996the effective date of

163

the authorized used oil program for the State in which the tank

 is located.

164

BOARD NOTE:

This definition is similar to the definition given for “New tank

165

system”

given in 35

Ill. Adm. Code

720.110. Although the meanings are similar,

166

the definition given above for “new tank” in this Part limits the tanks to those

167

used to

store or process used oil, whereas the 720.110 definition contemplates

168

new tanks

 systems

thatwhich contain hazardous wastes.

ThisThe above definition

169

ofnew tank~js

limited to this Part only.

170

171

“Petroleum refining facility” means an establishment primarily engaged in

172

producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants,

JCAR350739-04063 13r01

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

through fractionation, straight distillation ofcrude

oil, redistillation ofunfinished

petroleum derivatives, cracking, or other processes (i.e., facilities classified

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 ofstill bottoms

varies with column operation and feedstock.

“Tank” means any stationary device, designed to contain an accumulation ofused

oil thatwhich is constructed primarily of non-earthen materials, (e.g., wood,

concrete, steel, plastic) which provideprovides structural support.

“Used oil”

means any oil that has been refined from crude oi1~or any synthetic oil

and~that

has been used and as a result ofsuch 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 ofthe aggregation point, from which used oil is

transportedto

the aggregationpoint in shipments ofno more than 55

gallons.

Used oil aggregationpoints may also accept used oil from household do-it-

yourselfers.

“Used oil burner” means a facility where used oil not meetingthe specification

requirements in Section 739.111 is burned for energy recovery in devices

identified in Section 739.16 1(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 ofthis Part that bring used oil

to the collection center in shipments ofno more than

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 ofthe following

215

 activities:

JCAR350739-04063 1 3r01

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

250

251

252

253

254

255

256

257

258

Directs a shipment ofoff-specification used oil from their facility to

a used

oil burner; or

First claims that used oil that is tobe

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 orprocess 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 oftransportation 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 ofthis 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 ofused oil transfer facilities.

Used oil transporters

may consolidate or aggregate loads ofused oil for purposes oftransportation but,

with the following exception, may not process used oil. Transporters may conduct

incidental processing operations that occur in the normal course ofused 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 Iii. Reg.

_______,

effective

______________

Section 739.110

Applicability

SUBPART B:

APPLICABILITY

This Section identifies those materials thatwhich

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. UsedUSEPApresumes that used oil is presumed to be recycled, unless

a used oil handler disposes ofused oil~

or sends used oil for disposal.

Except as

provided in Section 739.111, the regulations ofthis Part apply to used oil~

and to

JCAR350739-04063 13r01

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

Iii. Adm. Code 721.Subpart C.

b)

 Mixtures ofused oil and hazardous waste.

1)

 Listed hazardous waste.

A mixture ofused oil and hazardous waste that is listed in Subpart

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.

Rebuttable presumption for used oil.

Used oil containing more

than 1,000ppm

total halogens is presumed to

be a hazardous waste

because it has been mixed with halogenated hazardous waste listed

in SubpartD of

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, incorporatedby reference in 35

 Ill. Adm.

Code 720.lllEdition III, to show that the used oil does not contain

significant concentrations ofhalogenated hazardous constituents

listed in Appendix H of35 Ill. Adm.

Code 721.Appendix H).

USEPA Publication SW

846, Third Edition, is

available from the

Government Printing Office, Superintendent ofDocuments, P.O.

Box 371954,

 Pittsburgh,

15250

7954,

(202) 783

3238

(document number

 955 001 00000

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.

ThisThe presumption does

apply to metalworking oils or fluids if such oils or fluids

are

recycled in any other maimer, or disposed.

ii)

ThisThe rebuttable presumption does not apply to used oils

contaminated with chiorofluorocarbons (CFC5) removed

from refrigeration units where the CFCs are destined for

reclamation.

ThisThe rebuttable presumption does apply to

used

oils

contaminated with CFCs that have been mixed

with used oil from

sources other than refrigeration units.

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

JCAR350739-04063 1 3r01

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

2)

 Characteristic hazardouswaste.

A mixture ofused oil and hazardous

waste that exhibits a hazardous waste characteristic identified in Subpart C

Qf35 Iii. Adm. Code 721.Subpart C and

a mixture ofused oil and

hazardous waste that is listed in SubpartD ofthisPart solely because it

exhibits one ormore ofthe characteristics ofhazardouswaste identified in

Subpart C of35

 Ill.Adm. Code721.SubpartC is subject to the following:

Except as provided in subsection (b)(2)(C) ofthis 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 ofhazardous waste

identified in Subpart C of35

Ill. Adm.

Code 721.Subpart C

Except as provided in subsection (b)(2)(C) ofthis

Section,

regulation as used oil under this Part, if the resultant mixture does

not

exhibit any characteristics ofhazardous waste identified under

SubpartC of35 Ill. Adm. Code 721.Subpart C.

C)

 Regulation as used oilunder this

Part, if the

 mixture

 is ofused oil

anda waste

~~which

is hazardous solely because

 it exhibits the

characteristic ofignitability (e.g., ignitable-only mineral spirits),

provided thatthe resultantmixture does

not exhibit the

characteristic ofignitability under

35

 Ill. Adm. Code 721.121.

Conditionally exempt small quantity generator hazardous waste.

mixture ofused 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.

Materials containing or otherwise contaminated with used oil.

Except as provided in subsection (c)(2) ofthis Section, the following is

true ofa material containing or otherwise contaminated with used oil from

which the used oil has been properly drained or removed to the extent

possible ~sueh

that no visible signs of free-flowing oil remain in or on the

material:

The material isIs not used oi1~

and~thus,it is not subject to this

Part, and

Ifapplicable, the material is subject to the hazardous waste

regulations of35

Ill. Adm.

Code 703, 705, 720 through 726,

and

728.

JCAR350739-04063 13r01

345

346

2)

 A material containing

otherwise contaminated with used oil that is

347

 burned for energy recovery is subject to regulation asused oilunder this

348

 Part.

349

350

3)

 Used oil drained orremoved from materialscontaining or otherwise

351

 contaminated withused oil is subject

to regulation as used oil under this

352

 Part.

353

354

d)

 Mixtures ofused oilwithproducts.

355

356

1)

 Except as

provided in subsection (d)(2) ofthis Section, mixtures ofused

357

 oil and fuels or other fuel

products are subject to regulation as used oil

358

under this Part.

359

360

Mixtures ofused oil and diesel fuel mixed on-site by the generator ofthe

361

used oil foruse in the generator’s own vehicles are not subject to this Part

362

once the used oil and

diesel fuel have been mixed.

Prior to mixing, the

363

used oil is

subject to the requirements of Subpart C ofthis Part.

364

365

Materials derived from

 used oil.

366

367

The following is true

 of materialsMaterials that arereclaimed from used

368

 oil, which that areusedbeneficially~

and

 which arenotburned forenergy

369

recovery or used in a manner constituting disposal (e.g., re-refined

370

lubricants)afe:

371

372

A)

 The materials are notNotused oil andthus arenot subject to this

373

 Part, and

374

375

The materials are notNat solid wastes and

 are thus

not subject to

376

the hazardous waste regulations of 35 Ill. Adm.

Code 703, 720

377

through 726, and 728~as provided in 35

Ill. Adm. Code

378

721.103(e)(1).

379

380

Materials produced from used oil that are burned for energy recovery (e.g.,

381

 used oil fuels) are subject to regulation asused oil under this Part.

382

383

3)

Except as provided in subsection (e)(4) ofthis Section, the following is

384

true

 ofmaterials derived fromused oil that are disposed oforusedin a

385

manner constituting disposalare:

386

387

A)

 The materials arenotNet used oil and thus arenot subject to this

JCAR350739-04063 13r01

388

Part,

and

389

390

B)

 The materials areAre

solid wastes and thus are subject to the

391

 hazardouswaste regulations of35

 Ill. Adm. Code 703, 720through

392

 726,and 728 ifthe materials are listed or identified as hazardous

393

 waste.

394

395

4)

 Used oil re-refining distillation

bottoms that are used as feedstock to

396

manufacture asphalt products are not subject to this~ParL

397

398

f)

 Wastewater. Wastewater, the discharge

ofwhich is subject to regulation under

399

either Section 402 or Section 307(b) ofthe

 federal

Clean Water Act (including

400

wastewaters at facilities ~twhich

have eliminated the discharge ofwastewater),

401

contaminated with de minimis quantities ofused oil are not subject to the

402

requirements of this Part.

For purposes ofthis subsection,

“de minimis” quantities

403

 ofused oils are defined as small spills, leaks, or drippings from pumps,

404

machinery, pipes,

and other similar equipment during normal operations or small

405

amounts ofoil lost to the wastewater treatment system during washing or draining

406

operations.

This exception will not apply if the used oil is discarded as a result of

407

abnormal manufacturing operations resulting in substairthd

 leaks, spills, or

other

408

 releases, or to used oil recovered from wastewaters.

409

410

g)

 Used oil introduced into crude oil pipelines or a petroleumrefining facility.

411

412

1)

 Used oilmixed withcrude oil or natural gas liquids (e.g., in aproduction

413

 separator or crude oil stock

tank) for insertion into a crude oil pipeline is

414

 exempt fromthe requirements ofthis Part. Theused oil is subject to the

415

 requirementsofthisPart prior to themixing ofused oil with crude oil or

416

 natural gas liquids.

417

418

2)

 Mixtures ofused oiland crude oil or natural gas liquids containing less

419

than one percent4-

used oil that are being stored or transported to a crude

420

oil pipeline or petroleum refining facility for insertion intcrthe refining

421

process at a point prior to crude distillation or catalytic cracking are

422

exempt from the requirements ofthis Part.

423

424

Used oil that is inserted into the petroleum refining process before crude

425

distillation or catalytic cracking without prior mixing with crude oil is

426

exempt from the requirements of this Part, provided that the usedoil

427

contains less than one percent4-

ofthe crude oil feed to

any petroleum

428

refining facility process unit at any given time.

Prior to insertion into the

429

petroleum refining process, the used oil is subject to the requirements of

430

 this Part.

JCAR350739-04063 1 3r01

431

432

Except as provided in subsection (g)(5) ofthis Section, used oil that is

433

introduced into a petroleum refining facility process after crude distillation

434

or catalytic cracking is exempt from the requirements of this

Part only if

435

the used oil meets the specification of Section 739.111. Prior to

insertion

436

into the petroleum refining facility process, the used oil is subject to the

437

requirements of this Part.

438

439

Used oil that is incidentally captured by a hydrocarbon recovery system or

440

wastewatertreatment system as part ofroutine process operations at a

441

petroleum refining facility and inserted into the petroleum refining facility

442

process

is exempt from the requirements ofthis Part.

This exemption does

443

not extend to used oil that is intentionally introduced into a hydrocarbon

444

recovery system (e.g., by pouring collected used oil into the wastewater

445

treatment system).

446

447

Tank bottoms from stock tanks containing exempt mixtures ofused oil

448

and crude oil ornatural gas liquids are exempt from the requirements of

449

this

Part.

450

451

Used oil on vessels.

Used oil produced on vessels from normal shipboard

452

operations is not subject to this Part until it is transported ashore.

453

454

Used oil containingPCBs.

Used oil containing PCBs,

as defined at 40 CFR

455

761.3, incorporated by reference at 35111. Adm.

Code 720.111(b), at any

456

concentration less than 50 ppm is subject to the requirements ofthis Part unless,

457

because ofdilution, it is regulated under federal 40

CFR 761

as a used oil

458

containing PCBs at 50 ppm or greater.

PCB-containing usedUsed oil subject to

459

the requirements ofthis Part may also be subject to the prohibitions and

460

requirements of 40 CFRP~761, including 40 CFR 761.20(d) and (e). Used oil

461

containing PCBs at concentrations of50 ppm or greater is not subject to the

462

requirements of this Part, but is solely subject to regulation under federal 40 CFR

463

761. No person may avoid these provisions by diluting used oil containing PCBs,

464

unless otherwise specifically provided for in this Part or federal 40 CFR 761.

465

466

(Source:

Amended at 28 Iii. Reg.

______,

effective

467

468

Section 739.111

Used Oil Specificationsoji snccmcanons

469

470

Used oil burned for energy recovery, and any fuel produced from used oil by processing,

471

blending, or other treatment, is subject to regulation under this Part unless it is shown not to

472

exceed any ofthe allowable levels ofthe constituents and properties in the specification shown

473

in the following tableTable

Once used oil that

is to be burned for energy recovery has been

JCAR350739-04063 1 3r01

474

shown not to exceed any specification and

 theperson

making that showing complies with

475

Sections 739.172, 739.173, and 739.174(b), the used oil is no

longer subject to this Part.

476

477

Table

Used Oil Not exceeding Any Specification LevelsLevel Is Not Subject

to this Part When

478

Burned for Energy Recovery1

479

Constituent/property

Allowable level

Arsenic

5 ppm maximum~

Cadmium

2 ppm maximum;

Chromium

10 ppm maximuim

Lead

 100ppm maximums:

Flash point

Total halogens

100 °Fminimum7

4,000 ppm maximum ~

480

481

FOOTNOTE:

The specification does not apply to mixtures ofused oil and hazardous waste that

482

continue to be regulated as hazardous waste (see Section 39.110(b)).

483

484

FOOTNOTE:

Used oil containing morethan

1,000 ppm total halogens is presumed to be a

485

hazardous waste under the rebuttable presumption pruvitk~dunderSectiori739.1 10(b)(1).

Such

486

used oil is subject to Subpart H of35

Ill. Adm. Code 7261.Subpart H rather than this Part~,

when

487

burned for energy recovery unless the presumption ofmixing can be successfully rebutted.

488

489

NOTE:

Applicable standards

for the burning ofused oil containing PCBs are imposed by 40

490

CFR 761.20(e).

491

492

(Source:

Amended at 28 Ill. Reg. ______,effective

_____________

493

494

Section 739.112

Prohibitions

495

496

Surface impoundment prohibition.

Used oil mustshal4 not be managed in surface

497

impoundments or waste piles1 unless the units are subject to regulation under 35

498

Ill. Adm.

Code 724 or 725.

499

500

Use as a dust suppressant.

The use ofused oil as a dust suppressant is prohibited;

501

 exceptwhen such

n~tiv~tv

takes

~l~e

 in one of

th~

~t~+e~

1~r’+~-1

~-.

Q+~~

502

 739.182(c).

503

504

Burning in particular units.

Off-specification used oil fuel may be burned for

505

energy recovery in only the following devices:

JCAR350739-0406313r01

506

507

508

509

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

Industrial furnaces identified in 35

Ill. Adm.

Code 720.110;

Boilers, as defined in

35 Ill. Adm.

Code 720.110, that are identified as

follows:

Industrial boilers located on the site ofa facility engaged in a

manufacturing process where substances

are transformed into new

products, including the component parts ofproducts, by

mechanical or chemical processes;

Utility boilers used to produce electric power, steam, heated or

cooled air, or other gases or fluids

for sale; or

Used oil-fired space heaters provided that the burner meets the

provisions ofSection 739.123.

Hazardous waste incinerators subject to regulation under Subpart 0 of 35

Ill.

Adm. Code 724.Subpart 0

or 725.Subpart 0.

(Source:

Amended at 28 Ill. Reg.

_______,

 effective

______________

SUBPART C:

STANDARDS

FOR USED OIL GENERATORS

Section 739.120

Applicability

General.

This Subpart

C subpart applies to all generators ofused oil, except the

following:

Household “do-it-yourselfer” used oil generators. Household “do-it-

yourselfer” used oil generators are not subject to regulation under this

Part.

Vessels. Vessels at sea or at port are not subject to this

Subpart

ç.

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 ofthe vessel and the persons

person(s) removing or accepting used oil from the vessel are co-generators

ofthe 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 themselvesthem which party will

fulfill the requirements ofthis Subpart

ç.

JCAR350739-04063 1 3r01

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

579

580

581

582

583

584

585

586

587

588

589

590

Diesel fuel.

Mixtures ofused 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 beenmixed.

Prior to mixing,

the used oil fuel is subject to the requirements ofthis Subpart C.

Farmers.

Farmers who generate an average of25

gallons per month or

less ofused oil from vehicles ormachinery used on the farm in a calendar

year are not subject to

the requirements of

this

Part.

Other applicable provisions.

A used oil generator that conducts any ofthe

following activities

is subject to the requirements ofother applicable provisions of

this Part1 as indicated in subsections (b)(1) through fl~(5)below:

A generator that transports used oil, except under the self-transport

provisions ofSection 739.124(a) and (b), mustshall also comply with

7~SubpartE ofthis Part.

A generator that processes or re-refines used oil.

Except as provided in subsection (b)(2)(B) ofthis Sectionbelow, a

generator that processes or re-refines used oil mustshal4 also

comply with ~9~Subpart

F ofthis Part.

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:

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 USCU.S.C.

1317 or 1342), 40 CFR 403

through 499, or 35 Ill. Adm.

Code 310 or 309, governing

the discharge ofwastewaters;

iii)

Using oil mist collectors to remove small droplets ofused

oil from in-plant air to make plant air suitable forcontinued

recirculation;

591

iv)

 Draining or otherwiseremoving

used oil from materials

JCAR350739-0406313r01

592

 containing or otherwise contaminated withused oil in order

593

 to remove excessive oil to the extent possible pursuant to

594

 Section 739.110(c); or

595

596

v)

 Filtering, separating, or otherwise reconditioningused oil

597

 before burning it in a space heater pursuant to Section

598

 739.123.

599

600

A generator that burns off-specification used oil for energy recovery,

601

except under the on-site space heater provisions ofSection

739.123,

602

mustshal4

 also comply with73~9SubpartG ofthis Part.

603

604

A generator that directs shipments ofoff-specification used oil from their

605

facility to a used oil burner or first claims that used oil that is to be burned

606

for energy recovery meets the used oil fuel specifications set forth in

607

Section 739.111

~~shaI4

also comply with 73-9~Subpart

H ofthis Part.

608

609

A generator that disposes ofused oil, including the use ofused oil as a

610

dust suppressant, m~sha~I4

also comply with 73~97SubpartI

of

this Part.

611

612

(Source:

Amended at 28 Ill.

Reg.

______,

 effective

_____________

613

614

Section 739.121

Hazardous Waste Mixingwaste mixing

615

616

a)

Mixtures ofused oil and hazardous waste must be managed in accordance with

617

 Section

739.110(b).

618

619

The rebuttable presumption for used oil ofSection 739.1 10(b)(1)(B) applies to

620

used oil managed by generators.

Under the rebuttablepresumption for used oil of

621

 Section 739.1

10(b)(1)(B), usedoil containing greater than 1,000 ppm total

622

halogens is presumed to be a hazardous waste and

 thusmust

be managed

623

hazardous waste

and not as used oil unless the presumption is rebutted.

However,

624

the rebuttable presumption does not apply to certain metalworking oils and

fluids

625

and certain used oils

removed from refrigeration units.

626

627

 (Source: Amended at28

Ill.

Reg.

_______,

effective

______________

628

629

Section

739.122

Used Oil Storageoil storage

630

631

 A used oil generator isUsed oil generators are subject to all

applicable federal Spill Prevention,

632

Control and Countermeasures (40

 CFR 112) in addition to the requirements ofthis Subpart

ç.

633

used oil generator isUsed oil generators are also subject to the Underground Storage Tank (35 Ill.

634

 Adm. Code

731) standards

for used oil stored in underground tanks whether ornot the used oil

JCAR350739-04063 1 3r01

635

 exhibits any

characteristics ofhazardous waste,

in addition to

the requirements of this Subpart

636

637

a)

 Storage units. A used oil generatormayUsed oil generators shall not store used

638

oil in units other than tanks,

containers, orunits subject to regulation under 35

Ill.

639

 Adm. Code 724or 725.

640

641

Condition ofunits.

The following must be true ofcontainersContainers

and

642

aboveground tanks used to store used oil at ~generator

facilityfacilities must be:

643

644

1)

 The containers mustbe inh~

good condition (no severe rusting, apparent

645

structural defects or deterioration); and

646

647

2)

 The containers maynot beNet leaking (no visible leaks).

648

649

c)

 Labels.

650

651

Containers and aboveground tanks used to store used oil at generator

652

 facilities

must be labeled or marked clearly with the words “Used Oil.”

653

654

 Fill pipes used

to transfer used oil into underground storage tanks

655

generator facilities must be labeled ormarked clearly with the words

656

“Used Oil.”

657

658

Response to releases.

Upon detection ofa release ofused oil to the environment

659

 that is

not subject to the federal requirements of40

CFR 280, Subpart F and

660

which has occurred after October 4,

1996, a generator mustshal4 perform the

661

following cleanup steps:

662

BOARD NOTE:

 Corresponding 40CFR

279.22(d) applies to releases that

663

“occurred after the effective date ofthe authorized used oil program for the

664

~teStatein

which the release is located.”

The Board adopted the used oil

665

standards in docket R93-4

at 17 Ill. Reg. 20954, effective November22,

1993.

666

USEPA approved the Illinois standards at 61 Fed.

Reg. 40521 (Aug.

1996),

667

effective October 4,

1996.

The Board has interpreted “the effective date ofthe

668

authorized used oil program” to

mean the October 4,

1996 date offederal

669

authorization ofthe Illinois program, and we substituted that date for the federal

670

effective date language.

Had USEPA written something like “the effective date of

671

the used oil program in the authorized stateState in which the release is

located,”

672

the Board would have used the November 22,

1993 effective date ofthe Illinois

673

used oil standards.

674

675

Stop the release;

676

677

Contain the released used oil;

JCAR350739-04063 13r01

678

679

680

681

682

683

684

685

686

687

688

689

690

691

692

693

694

695

696

697

698

699

700

701

702

703

704

705

706

707

708

•

709

710

711

712

713

714

715

716

717

718

719

720

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

and

4)

 Ifnecessary, repair orreplace anyleaking used oil storage containers or

tanks prior to

returning them to

service.

(Source: Amended at28

Ill. Reg.

_______,

effective

______________

Section 739.123

On-Site BurningOn site

burning in Space Heatersspace heaters

A generatorGeneratorsmayburn

used oil in used oil-fired space heaters provided that~~

followingconditions are fulfilled:

The heater bums only used oil that the owner or

 operator generates orused

oil

received from household do-it-yourselfused oil generators;

The heater is designed to have a maximum capacity ofnot more than 0.5

million

Btu per hour; and

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) ofthis Section, a generator mustgenerators

shall ensure that itstheii used oil is transported only by transporters that have obtained a

USEPAU.S.

EPA identification number and an Illinois special waste identification

numbernumbers pursuant to

35 Ill. Adm.

Code 809.

BOARD NOTE: A generator that qualifies for an

exemption under Section

739.124(a) through

Ill.

Adm. Code

809.

Self-transportation ofsmall amounts to registered collection centers.

generatorGenerators may

transport, without a USEPAU.S. EPA identification

number and an

Illinois special waste identification number, used oil that

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:

The generator transports the used oil in a vehicle owned by the generator

orownedby an employeeof the

generator;

JCAR350739-04063 l3rOl

721

722

The generator transports no more than

gallons ofused oil at any time;

723

and

724

725

The generator transports the used oil to a used oil collection center that has

726

 registeredby written notificationwith theAgency tomanage used oil.

727

This notification mustshall

 include information sufficient for theAgency

728

 to identify, locate and

communicate with the facility.

The notification

729

mustshall be submitted on forms provided by the Agency.

730

731

b)

 Self-transportation ofsmall amounts to aggregation points

owned by the

732

generator.

A generatorGenerators may transport, without a USEPAU.S. EPA

733

identification number and

 an Illinois special

waste identification number, used oil

734

that

generated at the generator’s site to an aggregation point provided that ~

735

following conditions are fulfilled:

736

737

The generator transports the used oil in a vehicle owned by the generator

738

 orownedby an employee ofthe generator;

739

740

The generator transports no more than

gallons ofused oil at any time;

741

and

742

743

The generator transports the used oil to an aggregation point that

is owned

744

or operated by the same generator.

745

746

Tolling arrangements.

A used oil generatorUsed oil generators may arrange for

747

used oil to be transported by a transporter without a USEPAU.S. EPA

748

identification number and an Illinois special waste identificationnumber if

the

749

used oil is reclaimed under a contractual agreement pursuant to which reclaimed

750

oil is returned

by the processor to the generator foruse as a lubricant, cutting

oil,

751

 or coolant.

The contract (known as a “tolling arrangement”) must indicateii~

752

following information:

753

754

The type ofused oil and the frequency ofshipments;

755

756

2)

That the vehicle used to transport the used oil to the processing facility

757

and to deliver recycled used oil back to the generator is owned and

758

 operatedby the used

oil processor;

and

759

760

That reclaimed

oil will be returned to the generator.

761

762

 (Source: Amended at28

Ill. Reg.

_______,

effective

______________

763

JCAR350739-04063 13r01

764

SUBPART D:

STANDARDS FOR USED OIL COLLECTION CENTERS

765

AND AGGREGATION POINTS

766

767

Section 739.130

Do-It-Yourselfer UsedDo it

yourselfcr used Oil Collection Centersøil

768

collection centers

769

770

Applicability.

This Section applies to

owners or operators ofall do-it-yourselfer

771

 (DIY) used oil collection centers. A

DIY

 used oil collection center is any site or

772

facility that accepts or aggregates and stores used oil collected only from

•

773

household do-it-yourselfers.

774

775

DIY used oil collection center requirements.

Owners or operators ofall DIY used

776

oil collection centers must comply with the generator standards in Subpart C of

777

 this Part.

778

779

(Source:

Amended at 28

Ill.

 Reg.

_______,

effective

_____________

780

781

Section 739.13 1

Used Oil Collection Centerson coiiecnon centers

782

783

Applicability.

This Section applies to owners or operators of used oil collection

784

centers.

A used oil collection center is any site or facility that accepts, aggregates

785

or stores usedoil collected from used oil generators regulated under Subpart C of

786

 this Part

who bring used oil to

the collection

center in shipments ofno more than

787

55 gallons under the provisions ofSection

 739.124(a). Used oil collection centers

788

may

also accept used oil from household do-it-yourselfers.

789

790

BOARD NOTE:

A generator who qualifies for an exemption under Section

791

 739.124may

still be subject to the State’s special waste hauling permit

792

 requirements

under Part 809.

793

794

b)

 Used

oil collection center requirements.

Owners or operators of

 allused oil

795

collection centers must do the following:

796

797

1)

 Complywiththe

generator standards in Subpart C ofthis Part; and

798

799

Be registered by the Agency to manage used oil.

The used oil collection

800

center mustshal4 register by written notification with the Agency to

801

manage used oil.

This notification mustshal4 include information

802

 sufficient

for the Agency to identify, locate and communicate with the

803

facility.

The notification ~~shall

be submitted on forms provided by the

804

 Agency.

805

806

 (Source: Amended at 28 Ill. Reg.

_______,

 effective

______________

807

808

809

810

811

812

813

814

815

816

817

818

819

•

829

830

831

832

833

834

835

836

837

838

839

840

JCAR350739-0406313r01

Section 739.132

Used

Oil Aggregation

Points Ownedoil aggregation points owned by the

Generatorgencrator

 Applicability.

This Section

 applies to owners or

operators of all used oil

aggregation points.

A used oil

 aggregation point

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 ofthe aggregation

point,

from which used oil is transported to the aggregation point in shipments of

no more than 55

gallons under the provisions ofSection

 739.124(b).

A usedUsed

oil aggregation ppj~peints

may also accept used oil from household do-it-

yourselfers.

BOARD

 NOTE:

A generator who qualifies for an

exemptionunder

Section

739.124may still

be subject to the State’s special waste hauling permit

requirements under Part 809.

Used oil aggregation point requirements.

Owners or operators of all used oil

aggregation points must comply with the generator standards in Subpart C ofthis

Part.

(Source:

Amended at 28 Ill.

Reg.

_______,

effective

______________

SUBPART

STANDARDS FOR USED OIL TRANSPORTER

AND TRANSFER FACILITIES

Section 739.140

Applicability

General.

Except

as

provided

in

subsections (a)(1) through

 (a)(4)

this Section,

this Subpart ~

applies

to all used oil

transporters.

A used oil transporter is a

personUsed oil transporters

are

 persons that transportstransport

used oil,

personpersons that collectscollect used oilfrom more than one generatorand

transportstransport the collected oil, and anowner or operatorowners and

operatorsof~used oil transfer facilityfacilities.

1)

 ThisSubpart ~

does

 not apply to on-site transportation.

2)

 This SubpartB

does not apply to a generatorgenerators that

transportstransport shipments of used oil

~i~gtetafflng

 gallons or

less from the generator to a used oil collection center

as specified in

Section 739.124(a).

849

3)

 This SubpartB

does not applyto a generatorgenerators that

JCAR350739-04063 1 3r01

850

 transportstransport shipments ofused oil totalingtotailing 55 gallons or

851

less from the generator to

a used oil aggregation point owned or operated

852

by the same generator as specified in Section 739.124(b).

853

854

4)

 ThisSubpart~ doesnot apply to transportation ofused oil fromhousehold

855

 do-it-yourselfers to a regulatedused

oil generator, collection center,

856

 aggregation point, processor, or burner subject to therequirements of this

857

Part.

 Except as

provided in subsections (a)(1) through (a)(3) ofthis

858

 Section, this SubpartB does,

however, apply to transportation of collected

859

household do-it-yourselfer used oil from regulated used oil generators,

860

collection centers, aggregationpoints, or other facilities where household

861

 do-it-yourselfer used oil is

collected.

862

BOARD

 NOTE:

A generator that qualifies for an exemption under

863

 Section739.124 may still be subject to the State’s special waste

hauling

864

 permit requirements underPart 809.

865

866

b)

 Imports and exports. A transporterTransporters that importsimportused oil from

867

abroad or export used oil outside of the United States are subject to

the

868

requirements ofthis Subpart B from

 thetime the used oil enters and until the time

869

it exits the United States.

870

871

Trucks used to transport hazardous waste.

Unless trucks previously usedto

872

transport hazardous waste are

 emptied as

described in

35

 Ill. Adm. Code 721.107

873

 prior to transporting used oil, theused oil is considered to have

been mixed with

874

 the hazardouswaste and mustbemanaged as hazardous waste unless, under the

875

provisions of Section 739.110(b), the hazardous waste and used oil mixture is

876

determined not to be hazardous waste.

877

878

d)

 Other applicable provisions. A used oil transporterUsed oil transporters that

879

conductsconduct the following activities are also

subject to other applicable

880

provisions ofthis Part as indicated in subsections (d)(1) through

 ~(5)ofthis

881

Section:

882

883

A transporterTransporters

 that generatesgenerateused oil mustshal4 also

884

comply with Subpart C ofthis Part;

885

886

A transporterTransporters that processesprocess or re-finesre reflnç used

887

oil, except as provided in Section 739.141, mustshal1 also comply with

888

 SubpartFofthis Part;

889

890

 transporterTransporters

that burnsbiwa off-specification used oil for

891

energy recovery mustshall also comply with Subpart G ofthis Part;

892

JCAR350739-0406313r01

893

A transporterTransporters that directsdirect

shipmentsof off-specification

894

used oil from i~the÷i~

 facility

to a used oil burner or first claimsclaim that

895

used oil that is to be burned for

 energyrecovery

meets the used oil fuel

896

 specifications

set forth in Section 739.111 mustshal4 also

 comply

with

897

Subpart H ofthis Part; and

898

899

A transporterTransporters that disposesdispose ofused oil,

 including

the

900

use ofused oil as a dust suppressant, mustshal4 also

comply with Subpart I

901

of this Part.

902

903

(Source:

Amended at 28 Ill. Reg.

_______,

effective

______________

904

905

Section

739.141

Restrictions on Transporterstransporters that Are Not Also Processorsiwe

906

not also processors

907

908

A used oil transporterUsed oil transporters may consolidate or aggregate loads of

909

used oil for purposes oftransportation.

However, except as provided in

910

subsection (b) ofthis Section, a used oil transporterused oil transporters may not

911

process used oil unless they also comply with the requirements forprocessors in

912

Subpart F ofthis Part.

913

914

A transporterTransporters may conduct incidental processing operations that

915

occur in the normal course ofused oil transportation (e.g., settling and water

916

separation), but that

are

not designed to produce (or make more amenable for

917

production of)

 used

oil derived products unless itthey also compliescomply with

918

the processor requirements in Subpart F of this Part.

919

920

A transporterTransporters ofused oil that is removed from oil-bearing electrical

921

transformers and

 turbines

and which is filtered by the transporter or at a transfer

922

facility prior to being returned to its

original use

are not subject to the processor

923

and re-refiner requirements in Subpart F ofthis Part739.Subpart F.

924

925

(Source:

Amended at 28 Ill. Reg.

_______,effective

______________

926

927

Section 739.142

Notification

928

929

Identification numbers.

A used oil transporter that has not previously complied

930

with the notification requirements of RCRA Section 3010 mustshal4 comply with

931

these requirements and obtain a USEPAU.S. EPA identification numberpursuant

932

to RCRA Section 3010 and an Illinois

 special

waste identification number.

933

934

Mechanics ofnotification.

935

JCAR350739-04063 13r01

936

937

938

939

940

941

942

943

944

945

946

947

948

949

950

951

952

953

954

955

956

957

958

959

960

961

962

963

964

965

966

967

968

969

970

971

972

973

974

975

976

977

978

1)

 A used oil transporter that

has not received a USEPAU.S. EPA

identificationnumber

may obtain one by notifying USEPAU.S.

EPA

Region

~V ofitsused oil activityby submitting eitherofthe following:

A completed USEPAU.S. EPA Form

8700-12 (To

obtain ordering

information forUSEPAU.S.

EPA

 Form 8700-12 call the

RCRAlSuperfund Hotline at 1-800-424-9346 or 703-920-9810);

or

B)

 A letter requesting aUSEPAU.S.EPA identification number.

(Call the RCRA/Superfund Hotline to

determine where to send a

letter requesting a USEPAU.S.

EPA identification number.)

The

letter should include the following information:

The transporter companyname;

ii)

 Theowner

ofthe transporter company;

iii)

The mailing address for the transporter;

iv)

 Thename andtelephone number for the transporterpoint of

contact;

The type of transport activity (i.e., transport only, transport

and transfer facility, or transfer facility only);

vi)

 The location ofall transfer facilities atwhichused oil is

stored;

vii)

The name and telephone numberfor a contact at each

transfer facility.

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 ofLand

Pollution Control, Illinois EPA,

1021

North Grand Avenue,2200 Churchill

Road,

 Springfield, Illinois 62794-927662706 (telephone: 217-782-6761).

(Source:

Amended at 28 Ill. Reg.

_______,effective

______________

Section 739.143

Used

Oil Transportationoil traii

Deliveries.

A used oil transporter mustshall deliver all used oil received to one of

the following:

JCAR350739-04063 13r01

979

980

981

982

983

•

984

985

986

987

988

989

990

991

992

993

994

995

-J

996

•

997

998

999

1000

1001

1002

1003

1004

1005

1006

1007

1008

1009

1010

1011

1012

1013

1014

1015

1016

1017

1018

1019

1020

1021

1)

 Anotherused oil transporter, provided that the transporter has obtained a

USEPAU.S. EPA identificationnumber and an

Illinois special waste

identification number;

A used oil processing facilitythat has obtained a USEPAU.S. EPA

identification number and an Illinois

special waste identification number;

3)

 An off-specification used oil burner facility thathas obtaineda

USEPAU.S. EPA identification number and an

Illinois special waste

identification number; or

An on-specification used oil burner facility.

U.S. DOT requirements.

A used oil transporter mustshal4 comply with all

applicable requirements under the U.S. Department ofTransportation in 49 CFR

pai4~s171

through 180. A person transportingused oil that meets the definition of

a hazardous material in 49 CFR

171.8 mustshal-1 comply with all applicable U.S.

Department ofTransportation Hazardous Materials Regulations in 49 CFR Parts

171 through 180.

Used oil discharges.

In the event ofa discharge ofused oil during transportation, the

transporter mustshal4 take appropriate immediate action to protect human

health and the environment (e.g., notify local

authorities, dike the

discharge area).

Ifa 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

USEPAU.S. EPA identification number and an Illinois special waste

identification number.

An air, rail, highway, or water transporter that has discharged used oil

must do the

followingshal4:

Give notice, if required by federal 49 CFR 171.15 to the National

Response Center (800-424-8802 or 202-426-2675); and

Report in writing as required by federal 49 CFR

171.16 to the

JCAR350739-04063 13r01

1022

1023

1024

1025

1026

1027

1028

1029

1030

1031

1032

1033

1034

1035

1036

1037

1038

1039

1040

1041

1042

1043

1044

1045

1046

1047

1048

1049

1050

1051

1052

1053

1054

1055

1056

1057

1058

1059

1060

1061

1062

1063

1064

Director, Office ofHazardous Materials Regulations, Materials

Transportation Bureau, Department ofTransportation,

Washington, DC 20590.

A water transporter that has dischai~gedused oil mustshall give notice as

required by federal 33

CFR

153.203.

 A transporter

mustshall

 clean up anyused 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 dischargeno longer

 presents a hazard to human health or the environment.

(Source:

Amended at 28 Ill.

Reg.

_______,

effective

______________

Section 739.144

Rebuttable Presumptionprcsumption

for Used Oilused oil

To ensure that used oil is not a hazardous waste under the rebuttable presumption

ofSection 739.1 10(b)(1)(ii), the used oil transporter mustshall determine whether

the total halogen content ofused oil being transporter or stored at a transfer

facility is above orbelow 1,000 ppm.

The transporter mustshall make this determination by the following means:

Testing the used oil; or

Applying knowledge ofthe halogen content ofthe used oil in light ofthe

materials or processes used.

Ifthe 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, incorporated by reference in 35 Ill.

Adm. Code 720.11 lEdition Ill,

to show that the used oil does not contain significant concentrations of

halogenated hazardous constituents listed in Appendix H of35

Ill. Adm.

Code

721.Appendix H).

U.S.

EPA

Publication SW

846, Third Edition, is available

from the Government

Printing Office, Superintendent ofDocuments, PU 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, ifthey are processed, through a tolling

JCAR350739-04063 1 3r01

1065

1066

1067

1068

1069

1070

1071

1072

1073

1074

1075

•

1076

1077

1078

1079

1080

1081

1082

1083

1084

1085

1086

1087

1088

1089

1090

1091

1092

1093

1094

1095

•

1096

•

1097

1098

1099

1100

1101

1102

1103

1104

1105

1106

1107

arrangement as described in Section 739.124(c), to reclaimmetalworking

oilsand fluids.The presumption does apply to metalworking oils and

fluids ifsuch oils and fluids are

recycled in any other manner, or disposed.

2)

 The rebuttable presumption doesnot 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 contaminatedwith CFCs thathave beenmixed with used oil

from sources other than refrigeration units.

Record retention.

Records of analyses conducted or information used to

comply

with subsections (a), (b), and (c) of

this Sectionmustbe maintained

by the

transporter for at least threes years.

(Source: Amended at 28 Ill. Reg.

_______,

 effective

______________

Section 739.145

Used Oil

Storageoil storage at Transfer F

A used oil transporter is subject to all

applicable Spill Prevention, Control and Countermeasures

(40 CFR 112) in addition to the requirements ofthis Subpart B.

 A used

oil transporteris also

subject to

the Underground Storage Tank

(35 Ill. Adm.

Code

731) standards for used oil stored in

underground tanks whetheror not the used oil exhibits any characteristics ofhazardous waste, in

addition to the requirements ofthis Subpart.

Applicability.

This Section applies to used oil transferfacilities. Used oil transfer

facilities are transportation-relatedtransportation related

facilities

including

loading docks, parking areas,

storage areas, and

 other areaswhere shipmentsof

used oil areheld formore than

24 hours during the normal course of

transportation and not longer than 35 days.

A transfer facilityTransfer facilities

that store used oil for morethan 35 days are subject to regulation under Subpart F.

Storage units.

An owner or operatorOwners or operators ofa used oil transfer

facilityfacilities maynot store used oil in units other

than tanks, containers, or

units subject to regulation under 35

Ill. Adm. Code 724 or 725.

Condition ofunits.

The following must be true ofcontainersContainers

and

aboveground tanks used to

store used oil at a transfer facilityfacilities must be:

The containers must be in1~ngood condition

(no severe rusting, apparent

structural defects or deterioration); and

The containers maynot beNet leaking (no visible leaks).

JCAR350739-04063 13r01

1108

1109

Secondary containment for containers.

Containers used to store used oil at

1110

transfer facilityfacilities must be equipped with a secondary containment system.

1111

1112

The secondary containment system must consist ofthe following, at a

1113

minimum:

1114

1115

Both ofthe

 following:

1116

1117

Dikes, berms1 or retaining walls; and

1118

1119

ii)

A floor.

The floor must cover the entire area within the

1120

dikes, berms,

or retaining walls; or

1121

1122

An equivalent secondary containment

system.

1123

1124

The entire containment

system, including walls and floors, must be

1125

sufficiently impervious to used oil to prevent any used oil released into the

1126

containment system from migrating out ofthe system to

the soil,

1127

groundwater, or surface water.

1128

1129

Secondary containment for existing aboveground tanks~Existing aboveground

1130

tanks used to store used oil at a transfer facilityfacilities must be equipped with a

1131

secondary containment system.

1132

1133

The secondary containment

system must consist ofthe following, at a

1134

minimum:

1135

1136

Both ofthe following:

1137

1138

Dikes, berms1 orretaining walls; and

•

1139

1140

ii)

A floor.

The floor must cover the entire area within the

1141

dike, berm, or retaining wall except areas where existing

1142

 portions ofthe tankmeet the ground; or

1143

1144

An equivalent secondary containment system.

1145

1146

The entire containment system, including walls and floors, must be

1147

sufficiently impervious to used oil to prevent any used oil released into the

1148

containment system from migrating out ofthe system to

the soil,

1149

groundwater, or surface water.

1150

JCAR350739-04063

1 3r01

 Secondarycontainment fornewaboveground

tanks.

New aboveground tanks

usedto store used oil at~transfer facilityfacilities mustbe equipped with a

secondarycontainment system.

The secondary containment

system must consist ofthe following, at a

minimum:

Both ofthe following:

ii)

A floor.

The floor must cover the entire area within the

dike, berm, or retaining wall; or

An equivalent secondary containment system.

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 ofthe system to the soil,

groundwater, or surface water.

g)

 Labels.

Containers and aboveground tanks used to store used oil at transfer

facilities must be labeled or marked clearly with the words “Used Oil.”

Fill pipes used to transfer used oil into underground storage tanks at

transfer facilities must be labeled ormarked clearly with the words “Used

Oil.”

Response to releases.

Upon detection ofa release ofused oil to

the environment

that is not subject to the federal requirements of40 CFR 280, Subpart F and

which has occurred after October 4,

1996, an owner or operator of a transfer

facilitymustsha14 perform the following cleanup steps:

BOARD NOTE:

Corresponding 40

CFR 279.45(h) applies to releases that

“occurred after the effective date ofthe 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.

1996),

effective October 4,

1996.

The Board has interpreted “the effective date ofthe

authorized used oil program” to

mean the October 4,

1996 date offederal

authorization ofthe Illinois program, and we substituted that date for the federal

effective date language.

HadUSEPA written something like “the effective date of

Dikes, berms1 or retaining walls; and

1151

1152

1153

1154

1155

1156

1157

1158

1159

1160

1161

1162

1163

1164

1165

1166

1167

1168

1169

1170

1171

1172

1173

1174

1175

1176

1177

1178

1179

1180

1181

1182

1183

1184

1185

1186

1187

1188

1189

1190

1191

1192

1193

JCAR350739-04063 13r01

1194

1195

1196

1197

1198

1199

1200

1201

1202

1203

1204

1205

1206

1207

1208

1209

1210

1211

1212

1213

1214

1215

1216

1217

1218

1219

1220

1221

1222

1223

1224

1225

•

1226

1227

1228

1229

1230

1231

1232

1233

1234

1235

1236

the used oilprogram in the authorized

stateStatç in which the release is

located,”

the Board would have used the November 22,

1993 effective date ofthe Illinois

used oil standards.

Stop the release;

Contain the released used oil;

3)

 Properly clean up and manage the releasedused oil and other materials;

and

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. A used oil transportermustUsed oil transporters shall keepa record

ofeach used oil shipment accepted for transport.

Records for each shipment must

include the following:

The name and address ofthe generator, transporter, or processor that

provided the used oil for transport;

The USEPAU.S.

EPA identification number and Illinois special waste

identification number (ifapplicable) ofthe generator, transporter, or

processor that provided the used oil for transport;

The quantity ofused oil accepted;

4)

 The date ofacceptance; and

The signature.

Except as provided in

subsection (a)(5)(B) ofthis Sectionhelew,

the signature, dated upon receipt ofthe used oil, ofa representative

ofthe generator, transporter, or processor or re-refiner that

provided the used oil for transport.

An intermediate rail transporter is not required to sign the record of

acceptance.

JCAR350739-04063 13r01

1237

b)

 Deliveries. A used oil transportermustUsed oil transporters shall keep a record of

1238

 each shipment ofused oil that is delivered to another used oil transporter, or to a

1239

 used

oil burner, processor, or disposal facility.

Records ofeach delivery must

1240

include the

following:

1241

1242

1)

 Thename and address of the receiving facility or transporter;

1243

1244

2)

 TheUSEPAU.S. EPA identification number

and

 Illinois special waste

1245

identification number ofthe receiving facility or transporter;

1246

1247

3)

 Thequantity ofused oil delivered;

1248

1249

4)

 Thedate ofdelivery;

1250

1251

The signature.

1252

1253

A)

 Except as provided in subsection (b)(5)(B) ofthis Sectionbelow,

-J

1254

 the signature, dated

upon receipt ofthe used oil, ofa representative

1255

ofthe receiving facility ortransporter.

1256

1257

An intermediate rail transporter is not required to

sign the record of

1258

 acceptance.

1259

1260

Exports ofused oil.

 A used oil transportermustUsed oil transporters shall

1261

 maintainthe records

described in subsections (b)(1) through (b)(4) ofthis Section

1262

for each shipment ofused oil exportedto any foreign country.

1263

1264

Record retention.

The records described in subsections

(a), (b), and (c) ofthis

1265

Section must be maintained for at least three years.

1266

1267

 (Source: Amended at28 Ill. Reg.

_______,

effective

_____________

•

1268

1269

Section 739.147

Management ofResiduesresidues

1270

1271

 Transporters

who generate residues from the storage or transport ofused oil must manage the

1272

 residues as specified in

Section 739.110(e).

1273

1274

 (Source: Amended at28 Ill. Reg.

_______,

 effective

_____________

1275

1276

 SUBPART F: STANDARDSFORUSED OILPROCESSORS

1277

1278

 Section 739.150

Applicability

1279

JCAR350739-0406313r01

1280

a)

 Therequirements ofthis Subpart~ apply to owners and operatorsof facilities that

1281

 process used oil. Processing

means chemical orphysical operations designed to

1282

produce from used oil, or to

make used oil more amenable for production of,

 fuel

1283

oils, lubricants, or other used oil-derived products.

Processing includes, but is not

1284

 limited to the

following:

blending used oil with virgin petroleum products,

1285

 blendingused oils to meet the fuel specification, filtration, simple distillation,

1286

 chemical or physical separation1 and re-refining. The requirements ofthis

1287

•

 SubpartFdonot apply to the following:

1288

1289

1)

 A transporterTransporters thatconductsconduct incidental processing

1290

operations that occur during the normal course oftransportation1 as

1291

provided in Section 739.141; or

1292

1293

2)

 A burnerBurners that conductsconduct incidental

processingoperatioii~

1294

 thatoccur during thenormal course ofused oil

management prior to

1295

 burning1

as provided in Section 739.161(b).

1296

1297

Other applicable provisions.

A usedUsed oil processor that conductsprocessors

1298

 who conduct the following activities are also subject to

the requirements ofother

•

1299

applicable provisions ofthis Part1

 as indicatedin subsections (b)(1)

through (b)(5)

1300

 of this Section.

1301

1302

1)

 A processor that generatesrrocessors

 zenerateused oilmust also

1303

comply with Subpart C ofthis Part;

1304

1305

2)

 A processor that transportsProcessors who transportused oilmust also

1306

comply with Subpart E ofthis Part;

1307

1308

Except as provided in subsections (b)(3)(A) and (b)(3)(B) ofthis

Section,

1309

 a processor thatburns processorswho

bum off-specification used oil for

1310

energy recovery must also comply with Subpart G ofthis Part.

Processors

1311

burning used oil for energy recovery under the following conditions are

1312

not subject to

Subpart G ofthis Part:

1313

1314

A)

 Theused oil is burned in an

on-site space heater that meets the

1315

 requirements ofSection 739.123; or

1316

1317

B)

 Theused oil is burned

forpurposes ofprocessing used oil, which is

1318

 considered burning incidentally to used oil processing;

1319

1320

4)

 A processor that directsProcessorswho direct shipments ofoff-

1321

specification used oil from their facility to a used oil burner or first claim

1322

 that used oil that is to be

burned for energy recovery meets the used oil

JCAR350739-04063 13r01

fuel specifications set forth

Section 739.111 must also comply with

Subpart H ofthis Part; and

 A processors that disposesProcessors

who dispose ofused oil, including

the use ofused oil as a dust suppressant, also must complywith Subpart I

ofthis Part.

(Source: Amended at28 Ill. Reg.

_______,

 effective

______________

Section

739.151

Notification

Identification numbers.

A used oil processor or re-refiner that has not previously

complied with the notification requirements ofRCRA Section 3010 mustshallat~4Y

obtain a USEPAU.S. EPA identification number pursuant to RCRA Section 3010

and an Illinois

special waste identification number.

Mechanics ofnotification.

A used oil processor or re-refiner that has not received a USEPAU.S.

EPA

identification numbermay obtain one by notifying USEPAU.S. EPA

Region

 of its used oil activityby

submitting either ofthe fOllowing:

A completed USEPAU.S. EPA Form 8700-12 (To obtain ordering

information for USEPAU.S. EPA Form 8700-12 call the

RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-9810); or

A letter requesting a USEPAU.S. EPA identification number.

(Call the RCRA/Superfund Hotline

to determine where to send a

letter requesting aUSEPAU.S. EPA identification number.) The

letter should include the following information:

The processor or re-refiner companyname;

ii)

The owner ofthe processor orre-refiner company;

iii)

The mailing address for the processor or re-refiner;

iv)

 Thename

and telephone number for the processor or re-

The type oftransport activity (i.e., transport only, transport

and transfer facility, or transfer facility only);

1323

1324

1325

1326

1327

1328

1329

1330

1331

•

1332

1333

1334

1335

1336

1337

1338

1339

1340

1341

1342

1343

1344

1345

1346

1347

1348

1349

1350

1351

1352

1353

1354

1355

1356

1357

1358

1359

1360

1362

1363

1364

1365

1361

refiner point ofcontact;

JCAR350739-0406313r01

1366

vi)

 The locationofall transfer facilities atwhich used oil is

1367

 stored;

1368

1369

 vii)

 Thename andtelephone number for

a contact at each

1370

transfer facility.

1371

1372

2)

 A used oil processoror re-refiner that has not

received an Illinois

 special

1373

 waste identification numbermayobtain one

by contacting the Agency at

1374

the following address:

Division of Land Pollution Control, Illinois EPA,

1375

1021

North Grand Avenue,2200

Churchill Road, Springfield, Illinois

1376

62794-927662706 (telephone:

217-782-6761).

1377

1378

 (Source: Amended at 28 Ill. Reg.

_______,

 effective

_____________

1379

1380

Section 739.152

General Facility Standards facility standards

1381

1382

Preparedness and prevention.

An Owner

 oroperatorO~~ers

 and operators of~

1383

 used oil processing or re-refining facility mustprocessors and re refiners facilities

1384

 shall complywith the followingrequirements:

1385

1386

Maintenance and operation ofa facility.

All facilitiesFacilities must be

1387

maintained and operated to minimize the possibility of afire, explosion, or

1388

any unplanned sudden or non-suddenrelease ofused oil to air,

soil, or

1389

 surface water thatwhich could threatenhuman health or the

environment.

1390

1391

Required equipment.

All facilities must be equipped with the following,

1392

 unless none ofthehazards posed by

used oil handled at the facility could

1393

require a particular kind of equipment specified in subsections

(a)(2)(A)

1394

through (a)(2)(D) ofthis Section:

1395

1396

An internal communications or alarm system capable ofproviding

1397

immediate emergency instruction (voice or signal) to facility

1398

personnel;

1399

1400

B)

 A device, such as

a telephone (immediately available at the scene

1401

 ofoperations) or ahand-held two-way

radio, capable of

1402

 summoningemergency assistance from local police departments,

1403

fire departments, or State or local emergency response teams;

1404

1405

Portable fire extinguishers, fire control equipment (including

1406

special extinguishing equipment, such as that using foam, inert gas,

1407

or dry chemicals), spill control equipment, and decontamination

1408

equipment; and

JCAR350739-04063 l3rOl

1409

1410

1411

1412

1413

1414

1415

1416

1417

1418

1419

1420

1421

1422

1423

1424

1425

1426

1427

1428

1429

1430

1431

1432

1433

1434

1435

1436

1437

1438

1439

1440

1441

D)

 Water at adequate volume and pressure to supply water hose

streams, er foam producing equipment,

 er automatic sprinklers, or

water spray systems.

Testing and maintenance ofequipment.

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.

Access to

communications or alann system.

A)

 Wheneverused 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) ofthis Section.

B)

 Ifthere is ever just

one employee on the premises while the facility

is operating,

the employee must have immediate access to a device,

such as atelephone

(immediately available at the scene of

operation) or a hand-heldtwo-way

radio, capable of summoning

external emergency assistance, unless such a device is not required

in subsection (a)(2) of this Section.

Required aisle space.

The owner or operator mustshal4 maintain aisle

space to allow the unobstructed movement ofpersonnel, 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 ofthese purposes.

1442

6)

 Arrangementswith local authorities.

1443

A)

 Theowner or operator mustshall attempt tomake the

following

arrangements, as appropriate for the typeofused oil handled at the

facility and the potential need for the services ofthese

organizations:

Arrangements to familiarize police, fire departments, and

emergency response teams with the layout of the facility,

properties ofused oil handled at the facility and associated

1444

1445

1446

1447

1448

1449

1450

1451

JCAR350739-04063 13r01

1452

1453

1454

1455

1456

1457

1458

1459

1460

1461

1462

1463

1464

1466

1467

1468

1469

1470

1471

1472

1473

1474

1475

1476

1477

1478

1479

1480

1481

1482

•

1483

1484

1485

1486

1487

1488

1489

1490

1491

1492

1493

1494

1465

hazards, places where facilitypersonnelwould normallybe

working, entrances to roads inside the facility, and possible

evacuation routes;

ii)

 Where morethan 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,

emergencyresponse contractors, and equipment suppliers;

and

iv)

 Arrangements

familiarize local hospitals with the

properties ofused oil handled at the facility and the types

ofinjuries or illnesses thatwhich 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 mustshal4 document the

refusal in the operating record.

b)

 Contingency plan and emergencyprocedures. An

ownerJ

 or operatorOwners and

operators of a used oil processing or refining facilitymustprocessors and re

refiners facilities shall comply withthe followingrequirements:

Purpose and implementation ofcontingency plan.

Each owner or operator mustsha14 have a contingency plan forthe

facility.

The contingencyplan must be designed to minimize

hazards to human health or the environment from fires, explosions,

or any unplanned sudden ornon-sudden release ofused oil to air,

soil, or surface water.

B)

 Theprovisions oftheplanmustbe carried out immediately

whenever there is a fire, explosion,

or release ofused oil thatwhich

could threaten human health orthe environment.

Content of contingencyplan.

The contingency plan must describe the actions facilitypersonnel

mustshall take to comply with subsections (b)(1) and (b)(6) ofthis

JCAR350739-04063 13r01

1495

1496

1497

1498

1499

•

1500

1501

1502

1503

1504

1505

1506

1507

1508

1509

1510

1511

1512

1513

1514

1515

1516

1517

1518

1519

1520

1521

1522

1523

1524

1525

1526

1527

1528

1529

1530

1531

1532

1533

1534

1535

1536

1537

Section inresponse to fires, explosions, oranyunplannedsudden

ornon-sudden releaseofused oil to air, soil, or surface water at the

facility.

B)

 Ifthe owner or operator has alreadyprepared

a Spill Prevention

Control andCountermeasures (SPCC) Plan

in accordance with

federal 40CFR 112; or40CFR 300, orsome other emergencyor

contingency plan, the owner or operatorneed only amend that plan

incorporate used oil management provisions that are sufficient

to complywiththe

requirements ofthis Part.

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.

The plan

 must

list names, addresses, and phone numbers (office

and

home) ofall persons qualified to

act as emergency coordinator

(see subsection

(b)(5)

ofthis 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.

The planmust 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.

The plan must include an evacuation plan for facilitypersonnel

where there is a

possibility that evacuation could be necessary.

This

 planmustdescribe signalssignal(s) to beused 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. CopiesA copyofthe contingency planand

all revisions

to the plan must be disposed df~as

follows:

A)

 Maintained at the facility; and

JCAR350739-04063 13r0 1

1538

B)

 Submitted to all local

police departments, fire departments,

1539

 hospitals, and State and local emergencyresponseteams thatmay

1540

 be calledupon to provide emergency services.

1541

1542

 Amendment of contingency

plan.

The contingency plan must be

1543

reviewed, and immediately amended, if necessary, whenever one ofthe

1544

following occurs:

1545

1546

A)

 Applicable regulations are revised;

•

1547

1548

The plan fails in an emergency;

1549

1550

C)

 The facilitychanges

—

in its design, construction,

operation,

1551

 maintenance, or other circumstances-~inaway that materially

1552

 increases the potential for

fires, explosions, orreleases ofused oil,

1553

 or changes the response necessary in an emergency;

1554

1555

D)

 The listofemergency coordinators changes; or

1556

•

1557

E)

 The listofemergency

equipment changes.

1558

1559

Emergency coordinator.

At all times, there must be at least one employee

1560

 eitheron the

facility premises or on call (i.e., available

to respond to an

1561

emergency by reaching the facility within a short period oftime) with the

1562

responsibility for coordinating all emergency response measures.

This

1563

emergency coordinator mustshal1be thoroughly familiar with all aspects

1564

ofthe facility’s contingencyplan,

all operations and activities at the

1565

 facility, the location and characteristicofused oil handled, the location of

•

1566

all records within the facility, and

facility layout.

 addition, this person

1567

must have the authority to commit the resources needed to

carry out the

1568

contingencyplan.

1569

1570

BOARD NOTE:

 USEPAU.S.

EPA

 cited the following as guidance: “The

1571

 emergency

coordinator’s responsibilities are more fully spelled-out in

1572

 ~subsection

 (b)(6) ofthis Sectionbelow~’.Applicable responsibilities for

1573

 the emergencycoordinator vary,

depending on factors such as type and

1574

 varietyofused oil handled by

the facility, and type and complexity ofthe

1575

 facility.~

1576

1577

 Emergency procedures.

1578

1579

Whenever there is an imminent or actual emergency situation, the

1580

emergency coordinator (orthe designee when the emergency

JCAR350739-04063 13r01

1581

1582

1583

1584

1585

1586

1587

1588

1589

1590

1591

1592

1593

1594

1595

1596

1597

1598

1599

1600

1601

1602

1603

1604

1605

1606

1607

1608

1609

1610

1611

1612

1613

1614

1615

1616

1617

1618

1619

1620

1621

1622

1623

coordinator is on call) mustshal4 immediately

do the following:

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.

Whenever there is a release, fire, or explosion, the emergency

coordinator mustshall immediately identify the character, exact

source, amount, and a real extent ofany released materials.

He or

she may do this by observation orreview offacility records of

manifests and, if necessary, by chemical analysts.

Concurrently, the emergency coordinator mustshal4 assess possible

hazards to human health orthe

environment that may result from

the release, fire, or explosion. This assessment must considerboth

direct and indirect effects ofthe release, fire, or explosion (e.g., the

effects ofany toxic, irritating, or asphyxiating gases that are

generated, or the effects of any hazardous surface water run-offs

from water ofchemical agents used to control fire and

 heat-

induced explosions).

Ifthe emergency coordinator determines that the facility has had a

release,

fire, or explosion thatwhich could threaten human health,

or the environment, outside the facility, he or she mustshal4 report

his

findings as follows:

Ifhis assessment indicated that evacuation oflocal areas

maybe advisable, he or she mustshall immediately notify

appropriate local

authorities.

He or she mustshal4be

available to help appropriate officials

decide whether local

areas should be evacuated;

and

ii)

He mustshall 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:

nameName and telephone number ofreporter; nameName

and address offacility; timeTime and type ofincident (e.g.,

release, fire); nameName and quantity of

JCAR350739-04063 1 3r01

1624

 materialsmaterial(s) involved, to the extent known; theThe

1625

 extent of

injuries,

 if any; and the possible hazards to human

1626

 health, or theenvironment, outside the facility.

1627

1628

During an emergency, the emergency coordinator mustshai4 take

1629

all reasonable measures necessary to ensure that fires,

explosions,

1630

and releases do not occur, recur, or spread to other used oil or

1631

hazardous waste at the facility.

These measures must include,

1632

where applicable,

stopping processes and operation, collecting and

1633

containing released used oil, and removing orisolating containers.

1634

1635

Ifthe facility stops operation in response to

a fire, explosion, or

1636

release, the emergency coordinator mustshall monitor for leaks,

1637

pressure buildup, gas generation, or ruptures in valves, pipes, or

1638

other equipment, wherever this is appropriate.

1639

1640

Immediately after an emergency, the emergency coordinator

1641

mustshal4 provide for recycling, storing, or disposing of recovered

1642

used oil, contaminated soil or surface water, or any other material

1643

that results from a release, fire, or explosion at the facility.

1644

1645

The emergency coordinator

mustshall

 ensure that the following

1646

 occur, in the affected areasarea(s) ofthe facility:

1647

1648

i)

 No waste orused oil thatmaybe incompatible withthe

1649

released material is recycled, treated, stored, or disposed of

1650

until cleanup procedures are completed; and

1651

1652

ii)

All emergency equipment listed

in the contingency plan is

1653

cleaned and fit for its intended use before operations are

1654

resumed.

1655

1656

ij~The

owner or operator mustshal4 notifythe Agency,

and all other

1657

appropriate State and local authorities that the facility is in

1658

compliance with subsections (b)(6)(H)(i) and (b)(6)(H)(ii) ofthis

1659

Section before operations

are

resumed in the affected areasarea(s)

1660

ofthe facility.

1661

1662

The

owner or operator

mustshal4 note in the operating record the

1663

time, date, and details ofany incident that requires implementing

1664

 the contingency plan. Within 15 days after the incident, it

1665

mustshall submit a written report on the incident to USEPA Region

1666

~the Regional Administrator. The report must include the

JCAR350739-04063 13r01

1667

 following:

1668

1669

i)

 Thename, address, andtelephone number ofthe owner or

1670

 operator;

1671

1672

ii)

 Thename, address, andtelephone number ofthe facility;

1673

1674

 iii)

 The date, time, andtype of

incident (e.g., fire, explosion);

1675

1676

iv)

 Thename and quantityofmaterialsmaterial(s) involved;

1677

1678

v)

 The extent ofinjuries, ifany;

1679

1680

vi)

An assessment ofactual or potential hazards to

human

1681

health or the environment, where this

is applicable; and

1682

1683

 vii)

 Theestimated quantity and dispositionofrecovered

1684

 material that resultedfrom the incident.

1685

1686

(Source:

Amended at 28 Ill.

 Reg.

______,

effective

_____________

1687

1688

Section 739.153

Rebuttable Presumptionprcsumption for Used Oiluscd

oil

1689

1690

 ensure thatused oil is not a hazardouswaste under the rebuttable presumption

1691

ofSection

 739.110(b)(1)(ii), the owner or operatorofa used

oil

processing

1692

 facilitymustshal4

determine

whether the total halogen content ofused oil

1693

 managed at the facility is above orbelow 1,000 ppm.

1694

1695

The owner or operator mustshall make this determination

 by the followingmeans:

1696

1697

Testing the used oil; or

•

1698

•

1699

Applying knowledge ofthe halogen content ofthe used oil in light ofthe

1700

materials orprocesses used.

1701

1702

If the used oil contains greater than or equal to

1,000 ppm total halogens, it is

1703

presumed to be

a hazardous waste because it has been mixed with halogenated

1704

hazardous waste listed in Subpart D of35 Ill. Adm. Code 721.Subpart D.

The

1705

owner or operator may rebut the presumption by demonstrating that the used oil

1706

does not contain hazardous waste (for example, by using an analytical method

1707

from SW-846, incorporated by reference in 35

Ill.

Adm. Code 720.11 lEdition Ill,

1708

to show that the used oil does not contain significant concentrations of

1709

halogenated hazardous constituents listed in Appendix H of35

Ill. Adm.

Code

JCAR350739-04063 13r01

1710

721.Appendix H).

U.S. EPA Publication SW

846, Third Edition, is available

1711

 fromthe

Government

 Printing Office, Superintendent ofDocuments, PU Box

1712

371954, Pittsburgh, PA

15250

7954.

(202) 783

3238

 (document number 955

1713

 001 00000

1).

1714

1715

1)

 The rebuttable presumption does not apply to metalworking oils and fluids

1716

containing chlorinated paraffins, if they are processed, through a tolling

•

1717

 arrangement as described in Section

739.124(c), to reclaim metalworking

1718

oils and

fluids. The presumption does apply to metalworking oils and

1719

fluids if suchoils and

fluids are recycled in any other manner, or disposed.

1720

1721

2)

 The rebuttable presumption doesnot apply to used oils contaminated with

1722

chlorofluorocarbons (CFCs) removed from refrigeration units if the CFC

1723

are destined for reclamation. The rebuttablepresumption does apply to

1724

used oils contaminated with CFCs that have been mixed with used oil

1725

from sources other than refrigeration units.

1726

1727

(Source:

Amended at 28 Ill.

Reg.

______,

effective

_____________

1728

1729

Section 739.154

Used Oil Managementoil mana~rement

1730

1731

A used oil processor is subject to all applicable Spill Prevention, Control and Countermeasures

1732

(40 CFR 112) in addition to the requirements ofthis Subpart F.

A used oil processor or re-

1733

refiner is also subject to

the Underground Storage Tank (35 Ill. Adm.

Code 731) standards for

1734

 used oil stored in

underground tanks whetheror not the used oil exhibits any characteristics of

1735

hazardous waste,

in addition to the requirements ofthis Subpart F.

1736

1737

Management units.

A used Used oil ~

not store used

1738

oil in units other than tanks, containers, or units subject to regulation under 35

Ill.

1739

Adm. Code 724 or 725.

1740

1741

Condition ofunits.

The following must be true ofcontainersContainers and

1742

 aboveground

tanks used to store orprocess used oil at~

processing

1743

facilityfacilities must be:

1744

1745

The containers must be

good condition (no severe rusting,

apparent

1746

structural

defects or deterioration); and

1747

1748

2)

 The containers

may not beNet leaking (no visible leaks).

1749

1750

Secondary containment for containers.

Containers used to store or process used

1751

oil at processing and re-refining

facilities must be equipped with a secondary

1752

containment system.

JCAR350739-04063 1 3r01

1753

1754

1755

1756

1757

1758

1759

1760

•

1761

1762

1763

1764

1765

1766

1767

1768

1769

1770

1771

1772

1773

1774

1775

1776

1777

1)

 The secondary

containment

system must consist ofthe following, at a

minimum:

Both ofthe following:

Dikes, berms1 or retaining walls; and

ii)

 A floor. The floor must cover the entire area

within the

dike, berm, or retaining wall; or

An equivalent secondary containment system.

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 ofthe system to the soil,

groundwater, or surface water.

 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 secondarycontainment system.

 Thesecondarycontainment system must consist of the following, at a

minimum:

1778

1779

A)

 Bothofthe following:

1780

1781

1782

1783

1784

1785

1786

1787

1788

1789

1790

1791

1792

1793

1794

1795

Dikes, berms1 or retaining walls; and

ii)

 A floor. The floor mustcover the entire areawithinthe

dike, berm, or retaining wall except areas where existing

portions ofthe tank meet the ground; or

An equivalent secondary containment system.

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 ofthe system to

the soil,

groundwater, or surface water.

Secondary containment fornew 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.

JCAR350739-04063 1 3r01

1796

1797

The secondary containment system must consist ofthe

 following, at a

1798

minimum:

1799

1800

Both ofthe following:

1801

1802

Dikes, berms1

 or retainingwalls; and

1803

1804

ii)

A floor.

The floor must cover the entire area within the

1805

dike, berm, or retaining wall;

1806

1807

An equivalent secondary containment system.

1808

1809

The entire containment

system, including walls and floor, must be

1810

sufficiently impervious

to used oil to prevent any used oil released into the

1811

containment

system from migrating out ofthe system to the soil,

1812

groundwater, or surface water.

1813

1814

Labels.

1815

1816

Containers and aboveground tanks used to store used oil at processing

1817

facilities must be labeled or marked clearly with the words “Used Oil.”

1818

1819

Fill pipes used to transfer used oil into underground storage tanks

1820

processing facilities must be labeled ormarked clearly with the words

1821

“Used Oil.”

1822

1823

Response to

releases.

Upon detection of a release ofused oil to the environment

1824

that

is not subject to the federal requirements of40 CFR 280, Subpart F and

1825

which has occurred after October 4,

1996,

a processor mustshall perform the

1826

following cleanup steps:

1827

1828

BOARD

 NOTE: Corresponding 40

CFR 279.54(g) applies to releases that

1829

“occurred after the effective date of the authorized used oil program for the

1830

~~State

in which the release is located.”

The Board adopted the used oil

1831

standards in docket R93-4

at 17 Ill. Reg. 20954, effective November 22,

1993.

1832

USEPA approved the Illinois standards at 61 Fed. Reg.

40521 (Aug.

1996),

1833

effective October 4,

1996.

The Board has interpreted “the effective date ofthe

1834

authorized used oil program” to mean the October 4,

1996 date of federal

1835

authorization ofthe Illinois program, and we substituted that date for the federal

1836

effective date language.

Had USEPA written something like

“the effective date of

1837

the used oil program in the authorized stateState in which the release is located,”

1838

the Board would have used the November 22,

1993

effective date ofthe Illinois

JCAR350739-04063 13r01

1839

used oil standards.

1840

1841

 Stopthe release;

1842

1843

Contain the released used oil;

1844

1845

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

1846

and

1847

1848

Ifnecessary, repair or replace any leaking used oil storage containers or

1849

tanks prior to returning them to

service.

1850

1851

Closure.

1852

1853

Aboveground tanks.

An owner or operatorOwners and operators that

1854

stores store or processesprocess used oil in aboveground tanks mustshall

1855

comply with the following requirements:

1856

1857

At closure ofa tank

 system,

the owner or operator mustshal4

1858

remove or decontaminate used oil residues in tanks, contaminated

1859

containment system components, contaminated soils, and

1860

structures and equipment contaminated with used oil, and manage

1861

them as hazardous waste, unless the materials are not hazardous

1862

waste under this

chapter.

1863

1864

Ifthe owner oroperator demonstrates that not all contaminated

1865

soils can be practicably removed ordecontaminated as required in

1866

subsection (h)(1)(A) ofthis Section, then the owner or operator

1867

mustshall close the tank

 system andperform post-closure care in

1868

accordance with the closure and

 post-closurecarerequirements

1869

that apply to hazardous waste landfills (35 Ill.

Adm. Code

1870

725.410).

1871

1872

2)

 Containers. An owner or operatorOwners

and

 operators that

storesstere

1873

used oil in containers rnustshal4 comply with the following requirements:

1874

1875

At closure, containers holding used oils orresidues ofused oil

1876

must be removed from the site;

1877

1878

The owner

operator mustshall remove or decontaminate used oil

1879

residues, contaminated containment system components,

1880

contaminated

soils, and structures and equipment contaminated

1881

with used oil, and manage them as hazardous waste,

unless the

JCAR350739-04063 13r01

1882

1883

1884

1885

1886

1887

1888

1889

1890

1891

1892

1893

1894

1895

1896

1897

1898

1899

1900

1901

1902

1903

1904

1905

1906

1907

1908

1909

1910

1911

1912

1913

1914

1915

1916

1917

1918

1919

1920

1921

1922

1923

1924

materials are not hazardous waste 35

Ill. Adm.

Code 721.

(Source:

Amended at 28

Ill. Reg.

_______,

effective

______________

Section 739.155

Analysis plan

An owner or operatorOwners or operatorsof~used oil processing oran4 re-refining

facilityfacilities must develop and follow a written analysis plan describing the procedures that

will be usedto comply with the analysis requirements ofSection

739.153 and, if applicable,

Section 739.172.

The owner or operatormust keep the plan at the facility.

Rebuttable presumption for used oil in Section 739.153.

At minimum, the plan

must specify the following:

Whether sample analyses or knowledge ofthe halogen content ofthe used

oil will be used to make this determination~.

If sample analyses are used to make this determination, the following

requirementsmustbe fulfilled:

The sampling method used to

obtain representative samples to be

analyzed.

Arepresentative sample maybe obtained using either of

the following:

i)

 One of thesampling methods inAppendix I of35 Ill. Adm.

Code

721.Appendix I; or

ii)

 A method shown tobe equivalent under 35 Ill. Adm. Code

720.120 and 720.121;

The frequency ofsampling to

be performed, and whether the

analysis will be performed on-site or off-site; and

The methods used to analyze used oil for the parameters specified

in Section 739.153;

and

The type of informationthat will be used to

determine the halogen content

ofthe used oil.

On-specification used oil fuel in Section 739.172.

At a minimum, the plan must

specify the following if Section 739.172 is

applicable:

Whether

 sample analyses

or other information will be used to make this

1925

1926

1927

1928

1929

1930

1931

1932

1933

•

1934

1935

1936

1937

1938

1939

1940

1941

1942

1943

1944

1945

1946

1947

1948

1949

1950

1951

1952

1953

1954

1955

1956

1957

1958

1959

1960

1961

1962

1963

1964

1965

1966

1967

JCAR350739-04063 1 3r01

determination;

Ifsample analyses are used to make this determination, the following

requirementsmust be fulfilled:

A)

 The samplingmethod used to obtain representativesamples to be

analyzed. A representative sample maybe obtained using either of

the following:

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;

Whether used oil will be sampled and

analyzed prior to or after any

processing;

The frequency ofsampling to be performed, and whether the

analysis will be performed on-site or off-site; and

The methods used to analyze used oil for the parameters specified

in Section 739.172; and

3) The typeofinformation that willbeusedto make the on-specification used oil

fuel determination.

(Source:

Amended at 28 Ill. Reg.

_______,

effective

______________

Section 739.156

Tracking

Acceptance.

A usedUsed oil

processor mustprocessors shall keep a record of

each

used oil shipment accepted for processing.

These records

may

take the form

a log, invoice, manifest, bill oflading or other

shipping

documents.

Records

for each shipment must include the following information:

The name and address of the transporter that delivered the used oil to

the

processor;

The name and

address ofthe generator or processor from whom the used

oil was sent for processing;

The USEPAU.S. EPA identification number and Illinois

 special waste

JCAR350739-04063 1 3r01

1968

1969

-•

1970

1971

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

•

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

identificationnumber ofthe transporter that deliveredthe used oil to the

processor;

The USEPAU.S.

EPA

 identificationnumber and Illinois special waste

identification number (if applicable) ofthe generator or processor from

whom the used oil was sent for processing;

The quantity ofused oil accepted; and

The date ofacceptance.

Deliveries.

A usedUsed oil processormustprocessors shall

 keep a record ofeach

shipment ofused 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

oflading or other shipping documents.

Records ofeach delivery must include the

following information:

The name and

address ofthe transporter that delivers the used oil to

the

burner, processor1 or disposal facility;

The name and

address of the burner, processor or disposal facility that will

receive the used oil;

The USEPAU.S. EPA identification number and Illinois

special waste

identification number ofthe transporterthat delivers the used oil to the

burner, processor or disposal facility;

The USEPAU.S.

EPA identification number and Illinois

special waste

identificationnumber ofthe burner, processor, or disposal facility that will

receive the used oil;

The quantity ofused oil shipped;

The date ofshipment.

Record retention.

The records described in subsections (a) and

(b) ofthis

Sectionabove must be maintained for at least three years.

(Source:

Amended at 28 Ill.

Reg.

_______,

effective

______________

Section 739.157

Operating Record and Reporting

d and reporting

a)

 Operating record.

JCAR350739-04063 13r01

2011

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024

2025

2026

2027

2028

2029

2030

2031

2032

2033

2034

2035

2036

2037

2038

2039

2040

2041

2042

2043

2044

2045

2046

2047

2048

2049

2050

2051

2052

2053

The owner or operator mustshall keep a written operating record at the

facility.

The following information must be recorded, as it becomes available, and

maintained in the operating record until closure ofthe facility;

Records and results ofused oil analyses performed as described in

the analysis plan requiredunder Section 739.155;

and

Summaryreports and details ofall incidents that require

implementation ofthe contingency plan~a~

specified in Section

739.152(b).

Reporting.

A used oil processor mustshall report to USEPA Region Sthe

Regional Administrator, 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;

The USEPAU.S.

EPA identification number and

Illinois special waste

identification number,

name, and address ofthe processor;

The calendar year covered by the report; and

The quantities ofused 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 of Used OilOff site

A usedUsed oil processorprocessorsthat initiates a shipment initiate shipments ofused oil off-

sitemustshal1ship theused oil using a used oil transporter that has obtained

USEPAIJ-&

EPA identification number and Illinois special waste identification number.

(Source:

Amended at 28 Ill. Reg.

_______,

effective

______________

Section

739.159

Management of Residuesresidues

An owner or operator thatgeneratesOwners and operatorswho generate residues fromthe

storage, processing, or re-fining ofused oil must manage the residues as specified in Section

739.110(e).

JCAR350739-0406313r01

2054

2055

2056

2057

2058

2059

2060

2061

2062

2063

2064

2065

2066

2067

2068

2069

2070

2071

2072

•

2073

2074

2075

2076

2077

2078

2079

2080

2081

2082

2083

2084

•

2085

2086

2087

2088

2089

2090

2091

2092

2093

2094

2095

2096

(Source:

Amended at 28

Ill. Reg.

_______,

effective

______________

SUBPART

STANDARDS FOR USED OIL BURNERS

THAT BURN

OFF-SPECIFICATION USED OIL

 FORENERGY RECOVERY

Section 739.160

Applicability

General.

The requirements ofthis

Subpart U applyto 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 burningused oil for energy recoveryunder the following conditions are

not subject to thisSubpart U:

 Theused oil is burnedby the generator inan on-site space heater underthe

provisions ofSection 739.123; or

The used oil is burned by a processor forpurposes ofprocessing used oil,

 which is considered burning

incidentally to used oil processing.

Other applicable provisions.

A usedUsed oil burnerburners that conductsconduct

the following activities

j~are

also subject to the requirements ofother applicable

provisions ofthis Part as indicated below.

A burnerBurners that generatesgenerate used oil mustshall also comply

with Subpart C ofthis Part;

2)

 A burnerBurners that transportstransportused oil mustshall also comply

with Subpart B ofthis Part;

Except as provided in Section 739.161(b), a burnerburners that

processesprocess or re-refinesre refine used oil mustshall also comply

with SubpartF

ofthis Part;

4)

 A burnerBurners that directsdirect shipments ofoff-specificationused 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

mustshall also comply with Subpart H ofthis

Part;

and

 A burnerBurners that disposesdispose ofused oil,including theuse of

used oil as a dust suppressant, mustshal4 comply with Subpart I ofthis

Part.

JCAR350739-04063 13r01

2097

2098

c)

 Specification fuel. This Subpart doesnot apply to

personpersons burning used

2099

 oil that meets the used oil fuel specification ofSection 739.111, provided that the

2100

 burner complies with

the requirements of Subpart H ofthis Part.

2101

2102

(Source:

Amended at 28 Ill.

Reg.

______,

effective

_____________

2103

2104

Section 739.161

Restriction on Burningburning

2105

•

2106

Off-specification used oil fuel may

 be burned for energy recovery in only the

2107

following devices:

2108

2109

1)

 Industrial furnaces identified in 35111. Adm. Code 720.110;

2110

2111

2)

 Boilers, as defined in 35 Ill. Adm. Code720.110, that are identified as

2112

 follows:

2113

2114

Industrial boilers located on the site of a facility engaged in a

2115

manufacturing process where substances are

 transformed intonew

2116

 products, includingthe componentparts ofproducts, by

2117

 mechanical or chemicalprocesses;

2118

2119

Utility boilers used to produce electric power, steam, heated or

2120

 cooled air,

or other gases or fluids for sale; or

2121

2122

Used oil-fired space heaters provided that the burner meets the

2123

provisions of Section 739.123; or

2124

2125

Hazardous waste incinerators subject to

regulation under Subpart 0 of35

2126

 Ill. Adm. Code 724.SubpartU or

Ill.

 Adm. Code 725.Subpart 0.

2127

2128

b)

 Restrictions.

2129

2130

1)

 Withthe following exception, a used oil burnerburners maynot process

2131

 used oil unless it

they also compliescomply with the requirements of

2132

 SubpartF ofthis Part.

2133

2134

2)

 A usedUsed oil burnerburnersmayaggregate off-specificationused oilwith

2135

 virgin oil or on-specification used oil forpurposes

ofburning, but may not

2136

 aggregate

for purposes ofproducing on-specification used oil.

2137

2138

 (Source: Amended at28 Ill. Reg.

_______,

 effective

_____________

2139

JCAR350739-04063 13r01

Section 739.162

Notification

Identification numbers.

used oil

burner that has

not previously complied with

the notification

requirements ofRCRA Section 3010 mustshal4 comply with these

requirements and obtain a USEPAU.S. EPA

 identificationnumber pursuant to

RCRA Section 3010 and an Illinois special waste identification number.

b)

 Mechanics

ofnotification.

A used oil burner that has not received a USEPA U-~S

EPA identification number may obtain one by notifying USEPA Region

the

Regional Administrator of

itstheirused oil

activity by submitting either ofthe

fOllowing:

1)

 A completedUSEPAEPAForm 8700-12

(tø-~ca~obtain

USEPAEPA Form

8700-12 call RCRA/Superfund Hotline at 1-800-424-9346 or 703-920-

9810); or

2)

 A letter requesting

aan-

USEPAEPA identificationnumber.

 Call the

RCRA/Superfund Hotline

to determine where to send a letter requesting

aa~

USEPAEPA identification number.

The letter should include the

following information:

A)

 Theburner companyname;

B)

 The ownerofthe burnercompany;

The mailing address forthe burner;

D)

 Thename

and

 telephonenumber for theburner point of

contact;

The type ofused oil activity; and

F)

 The locationoftheburner

facility.

 A used oil burner thathas not previously obtained an Illinois special waste

identification number may obtain one by contacting the Agency at the following

address:

Division ofLand Pollution Control, Illinois EPA,

1021 North Grand

Avenue,2200 Churchill Road,

Springfield, Illinois

62794-927662706 (telephone:

217-782-6761).

(Source:

Amended at 28 Ill. Reg.

_______,

effective

______________

Section 739.163

Rebuttable Presumptionprcsumption for Used Oiluscd oil

2140

2141

2142

2143

2144

2145

2146

2147

2148

2149

2150

2151

2152

2153

2154

2155

2156

•

2157

2158

2159

2160

2161

2162

2163

2164

2165

•

2166

•

2167

2168

2169

2170

2171

2172

2173

2174

2175

2176

2177

2178

2179

2180

2181

2182

JCAR350739-04063 13r01

2183

2184

2185

2186

2187

2188

2189

2190

2191

2192

2193

2194

2195

2196

2197

2198

2199

2200

2201

2202

2203

2204

2205

2206

2207

2208

2209

2210

2211

2212

2213

•

2214

•

2215

2216

2217

2218

2219

2220

2221

2222

2223

2224

2225

a)

 To ensure thatused oilmanaged at aused oil burner facility is not hazardous

waste under the

rebuttable presumption ofSection

 739.1

10(b)(1)(ii), a used oil

burner ~~sha44

determine whether the total halogen content ofused oil managed

at the

facility is above or below 1,000 ppm.

b)

 Theused oil burner mustshal4determine ifthe used oil contains above orbelow

1,000ppm total halogensby the followingmeans:

1)

 Testing the used oil;

2)

 Applyingknowledge of

the halogen content ofthe used oil in light ofthe

materials orprocesses used; or

3)

 If theused oil has beenreceived from a processor subject to regulation

under Subpart F ofthis Part, using information provided by the processor.

If the used oil contains greater than or equal to

1,000 ppm total

 halogens,

is

presumed to be a hazardous waste because it has beenmixed with halogenated

hazardous waste listed in Subpart D of35 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, incorporated by reference in 35 Ill.

Adm. Code

720.111 Edition

ifi, to show that theused oil doesnot contain

significant concentrations of

halogenated hazardous constituents listed in Appendix H of

35 Ill.Adm. Code

721.Appendix H). U.S.EPA PublicationSW 846,Third Edition, is available

from theGovernment Printing Office, SuperintendentofDocuments, PU Box

371954, Pittsburgh,

PA 15250

7954.

202

783

 3238 (documentnumber

955

001

00000

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.

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.

Record retention.

Records ofanalyses conducted or information used to comply

with subsections (a), (b), and (c) ofthis Sectionabove must be maintained by the

JCAR350739-04063 13r01

2226

 burner for at least three3~

years.

2227

2228

(Source:

Amended at 28 Ill. Reg.

_______,

 effective

______________

2229

2230

Section 739.164

Used Oil Storageoil storage

2231

2232

 used oil burner is subject to all applicable Spill

Prevention, Control and

Countermeasures

2233

 (federal40 CFR 112) in addition to therequirements ofthis

Subpart

 A used oil burner is also

2234

 subject to the Underground StorageTank (35 Ill. Adm. Code 731) standards forused oil stored in

•

2235

 underground tanks whether or not the used oil exhibitsany characteristics of hazardouswaste, in

2236

 addition to the requirements ofthisSubpart G.

2237

2238

a)

 Storage units. A usedUsed oil burnerburnersmay not store used oil in units other

2239

 than tanks, containers, or units subject to regulation under 35

 Ill. Adm. Code 724

2240

or 725.

2241

2242

Condition ofunits.

The followingmust be true ofcontainersContainers and

2243

 aboveground tanks used to store oil at a

burner facilityfacilities must be:

•

2244

2245

1)

 The containers mustbe

 good condition (no

severe rusting,

apparent

2246

 structural defects or deterioration); and

2247

2248

2)

 The containersmaynot beNet

leaking (no visible leaks).

2249

2250

Secondary containment for containers.

Containers used to

store used oil at ~

2251

burner facilityfacilities must be equippedwith a secondary containment system.

2252

2253

1)

 Thesecondarycontainment system must consist ofthe following, at a

2254

minimum:

2255

2256

A)

 Dikes, berms1 or retainingwalls; and

2257

•

2258

A floor.

 The floor must cover the

entire

area within the dike,

2259

 berm,

or retaining wall.

2260

2261

The

entire containment system, including walls and floor, must be

2262

sufficiently impervious

to used oil to prevent any used oil released into the

2263

containment system from migrating out of the system to the

soil,

2264

groundwater, or surface water.

2265

2266

d)

 Secondarycontainment for existing aboveground tanks. Existing aboveground

2267

tanks usedto

 store used oil at burner facilities must

be equipped with a secondary

2268

 containment system.

JCAR350739-04063 13r01

2269

2270

1)

 The secondarycontainment system must consist ofthe following, at a

2271

 minimum:

2272

2273

Both of the -following:

2274

2275

i)

 Dikes, berms1 or retaining walls; and

2276

2277

ii)

 A floor. The floor mustcover the

entire area within the

•

2278

dike,

 berm, or retaining wall except areaswhere existing

2279

 portions ofthetank meetthe ground; or

2280

2281

B)

 An equivalent secondarycontainment system.

2282

2283

The

entire containment system, including walls and floor, must be

2284

sufficientlyimpervious

to used oil to prevent any used oil released into the

2285

 containment system from migrating outofthe system to the

soil,

2286

groundwater, or surface water.

2287

2288

Secondary containment for existing aboveground tanks.

A newNew aboveground

2289

tanktanks used to store used oil at burner facilities must be equipped with a

2290

secondary containment

system.

2291

2292

1)

The

secondary containment system must consist ofthe following, at a

2293

 minimum:

2294

2295

A)

 Both ofthe following:

2296

2297

i)

 Dikes, berms1 orretaining walls; and

2298

2299

ii)

 A floor. The floor must cover the entire area within the

•

2300

dike, berm, orretaining wall; or

2301

2302

B)

An

equivalent secondary containment system.

2303

2304

The entire containment system, including walls and floor, must be

2305

sufficiently impervious

to used oil to prevent any used oil released into the

2306

containment system from migrating out ofthe system to the

soil,

2307

groundwater, or surface water.

2308

2309

Labels.

2310

2311

1)

 A containerorContainers and aboveground

tanktanks used to store

 used

JCAR350739-04063 13r01

2312

 oil at~burner facilityfacilities mustbe labeled or marked clearly withthe

2313

 words “Used Oil.”

2314

2315

2)

 Fill pipes used to transferused oil intounderground storage tanks at

2316

burner

 facilities mustbe labeled or

marked clearly with the words “Used

2317

Oil.”

2318

2319

g)

 Response to releases. Upondetection of

a release ofused oil to the environment

2320

 that is not

subject to the federal requirements of40 CFR

 280, SubpartF and

2321

 which has occurred after October

 1996, aburner

mustshal4 perform the

2322

following cleanup steps:

2323

2324

BOARD

 NOTE: Corresponding40 CFR

279.64(g) applies to releases that

2325

 “occurred after the effective dateofthe authorized used oilprogram forthe

state

2326

State

 in which the release is located.” The

Board

adopted the used oil standards

2327

in docket R93-4

at 17 Ill. Reg. 20954, effective November 22,

 1993. USEPA

2328

approved the Illinois standards

at 61 Fed. Reg. 40521

(Aug.

1996), effective

-J

2329

 October 4, 1996. TheBoard has interpreted “the

effective date ofthe authorized

2330

 used oilprogram” to mean the

October 4,

1996

 date offederal authorization ofthe

2331

Illinois program,

and we substituted that date for the federal effective date

2332

language.

Had USEPA written something like

“the effective date ofthe used oil

2333

program in the authorized~f~teState

 inwhich the release is located,” the Board

2334

 wouldhave used theNovember 22, 1993 effectivedate

ofthe Illinois used oil

2335

 standards.

2336

2337

1)

Stop the release;

2338

2339

2)

 Contain the releasedused oil;

2340

2341

3)

 Properly clean up andmanage the releasedused oil and other materials;

2342

and

2343

2344

Ifnecessary, repair or replace any leaking used oil storage containers or

2345

 tanks priorto returningthem to service.

2346

2347

 (Source: Amended at28 Ill. Reg.

_______,

effective

______________

2348

2349

Section

739.165

Tracking

2350

2351

a)

 Acceptance. A usedUsed oil burner

mustburners shall keep a record ofeach used

2352

 oil shipment accepted forburning.

These records maytake the form ofa log,

2353

invoice,

manifest, bill oflading, or other shipping documents.

Records for each

2354

 shipment

must include the following information:

JCAR350739-04063 1 3r01

2355

2356

The name and

address ofthe transporter that delivered the used oil to the

2357

burner;

2358

2359

The name and

address ofthe generator or processor from whom the used

2360

oil was sent to the burner;

2361

2362

The USEPAU.S.

EPA identification number and Illinois special waste

2363

 identificationnumber

ofthe transporter that deliveredthe used oil to the

•

2364

burner;

2365

2366

The USEPAU.S. EPA identification number and Illinois special waste

2367

identification number (if applicable) ofthe generator orprocessor from

2368

whom the used oil was sent to the burner;

2369

2370

The quantity ofused oil accepted; and

2371

2372

The date of acceptance.

2373

2374

b)

 Record retention. Therecords described in subsection (a) ofthisSectionmust be

2375

maintained for at least three years.

2376

2377

(Source:

Amended at 28 Ill.

Reg.

_______,

 effective

______________

2378

2379

Section 739.166

Notices

2380

2381

Certification.

Before a burner accepts the first shipment ofoff-specification used

2382

oil fuel from a generator, transporter, or processor, the burner must provide to

the

2383

generator, transporter, or processor a one-time written and signed notice certifying

2384

 the followingthat:

2385

2386

That theThe burner has notified USEPAEPA stating the location and

•

2387

general description ofhis used oil management activities; and

2388

2389

That theThe burner will burn the used oil only in an industrial furnace or

2390

boiler identified in Section 739.161(a).

2391

2392

Certification retention.

The certification described in subsection (a) ofthis

2393

Section must be maintained for three years from the date the burner last receives

2394

shipment ofoff-specification used oil from that generator, transporter, or

2395

 processor.

2396

2397

(Source:

Amended at 28 Ill. Reg.

_______,

effective

______________

JCAR350739-04063 13r01

2398

2399

2400

2401

2402

2403

2404

2405

•

2406

2407

2408

2409

2410

2411

2412

2413

2414

2415

2416

2417

2418

2419

2420

2421

2422

2423

2424

2425

2426

2427

2428

2429

•

2430

2431

2432

2433

2434

2435

2436

2437

2438

2439

Section 739.167

Management ofResiduesresidues

A burner that generatesBurners who generate residues from the storage or burning ofused 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

Any person that conducts either ofthe following activities

is subject to

the

requirements ofthis Subpart

II:

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.

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

A usedUsed oil generatorgenerators, or a transporterand transporters that

transportstransport used oil received only from generators, unless the

generator or transporter directs a shipment ofoff-specification used oil

from itstheir facility to

a used oil burner.

However, a processorprocessors

that burnsburn some used oil fuel forpurposes ofprocessing j~$e

considered to be burning incidentallyto processing.

Thus, a generator or

transportergenerators

and

 transporters that directsdirect shipments ofoff-

specification used oil to a processorprocessors that ~

burnsburn used oil

are not a marketermarketers subject to this Subpart H;

A personPersons that directsdirect shipments ofon-specification used oil

and which isthat are not the first person to claim the oil meets the used oil

fuel specifications ofSection 739.111.

Any person subject to the requirements ofthis Subpart H mustshall also comply

with one ofthe following:

Subpart C ofthis

Part

—

 Standards for

Used Oil Generators;

2440

Subpart B of this Part

—

Standards for Used Oil Transporters and Transfer

JCAR350739-0406313r01

2441

Facilities;

2442

2443

Subpart F ofthis Part

—

 Standards for Used OilProcessors and Re-

2444

refiners; or

2445

2446

Subpart G ofthis Part

—

 Standards

for Used Oil Burners that Burn Off-

2447

Specification Used Oil

for Energy Recovery.

2448

2449

(Source:

Amended at 28 Ill. Reg.

_______,

 effective

______________

2450

2451

Section 739.171

Prohibitions

2452

2453

A used oil fuel marketer may initiate a shipment ofoff-specification used oil only to a used oil

2454

burner that fulfills the following conditions:

2455

2456

Has a USBPAU.S. EPA identification number and Illinois special waste

2457

identification number; and

2458

2459

Bums the used oil in an industrial furnace orboiler identified in Section

2460

739.161(a).

2461

2462

(Source:

Amended at 28 Ill.

Reg.

_______,

effective

2463

2464

Section 739.172

On-Specification Used Oil FuelOn specification used oil fuel

2465

2466

Analysis ofused oil fuel.

A generator,

transporter, processor, or burner may

2467

determine that used oil that

is to be burned for energy recovery meets the fuel

2468

specifications ofSection 739.111

by performing analyses or obtaining copies of

2469

analyses or other information documenting that the used oil fuel meets the

2470

 specifications.

2471

2472

Record retention.

A generator, transporter, processor, or burner that first claims

2473

that used oil that is to be burned for energy recovery meets the specifications for

2474

used oil fuel under this Part p

tshal4 keep copies ofanalyses ofthe used oil (or

2475

other information used to

make the determination) for three years.

2476

2477

(Source:

Amended at 28 Ill.

Reg.

_______,

effective

______________

2478

2479

Section

739.173

Notification

2480

2481

A used oil fuel marketer subject to the requirements ofthis Section that has not

2482

previously complied with the notification requirements of

RCRA

Section 3010

2483

shall

 complywith these requirements and obtain aUSEPAU.S.EPA

JCAR350739-04063

1 3r01

2484

identification number pursuant to RCRA Section 3010 and an Illinois special

2485

waste identification number.

2486

2487

A used oil marketer that has not received a USEPAU.S. EPA identification

2488

number may obtain one by notifying USEPA Region Sthe Regional Administrator

2489

 ofits used oil activityby submitting eitherofthe following:

2490

2491

A completed USEPAEPA Form

8700-12; or

2492

2493

A letter requesting a USEPAan EPA identificationnumber.

The letter

2494

should include the following information:

2495

2496

The marketer company name;

2497

2498

The owner ofthe marketer;

2499

2500

The mailing address for the marketer;

2501

2502

The name and telephone number for the marketer point ofcontact;

2503

and

2504

2505

B)

 Thetype ofused oil activity (i.e., generator directing shipments of

2506

off-specification used oil to

a burner).

2507

2508

A used oil burner that has not previously obtained an Illinois special waste

2509

identification number may obtain one by contacting the Agency at the following

2510

address:

Division ofLand Pollution Control, Illinois EPA,

1021 North Grand

2511

Avenue,

2200 Churchill Road, Springfield, Illinois 62794-927662706 (telephone:

2512

217-782-6761).

2513

2514

(Source:

Amended at 28 Ill. Reg.

_______,

effective

_____________

2515

2516

Section 739.174

Tracking

2517

2518

Off-specification used oil delivery.

Any used oil fuel marketer that directs a

2519

shipment ofoff-specification used oil to

a burner mustshall keep a record ofeach

2520

shipment ofused oil to

a used oil burner.

These records may take the form of a

2521

log, invoice, manifest, bill oflading or other shipping documents.

Records for

2522

each shipment must include the following information:

2523

2524

The name and

address of the transporter that delivers the used oil to

the

2525

burner;

2526

JCAR350739-0406313r01

2527

2528

2529

2530

2531

2532

2533

2534

2535

2536

2537

2538

2539

2540

2541

2542

2543

2544

2545

2546

2547

2548

2549

2550

2551

2552

2553

2554

2555

2556

2557

2558

2559

2560

2561

2562

2563

2564

2565

2566

2567

2568

2569

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

 TheUSEPA identificationnumber and Illinois special waste identification

number ofthe transporter that delivers the used oil to the burner;

The USEPA identification number and Illinois special waste identification

number ofthe burner;

5)

 The quantityofused oil shipped; and

The date ofshipment.

On-specification used oil delivery.

A generator, transporter, processor orre-

refiner, orburner that first claims that used oil that

is to

be burned for energy

recovery meets the fuel specifications under Section 739.111 mustshall keep a

record of each shipment ofused oil to the facility to which it delivers the used

oilan on

specification used oil burner.

Records for each shipment must include

the following information:

The

name

 and address ofthe facility receiving theshipment;

The quantity ofused oil fuel delivered;

The date of shipment or delivery; and

A cross-reference to the record ofused oil analysis or other information

used to make the determination that the oil meets the specification as

required under Section 739.172(a).

Record retention.

The records described in subsections

(a) and (b) ofthis 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, orprocessor directs the

first shipment of

off-specification used oil fuel to aburner,

ithe must obtain aone-

time written and signed notice from the burner certifying the followingthat:

That theThe burner has notified USEPAEPA stating the location and

general description ofused oil management activities; and

JCAR350739-04063

1 3r01

2570

2571

2572

2573

2574

2575

2576

2577

2578

2579

2580

2581

2582

2583

2584

2585

2586

2587

2588

2589

2590

2591

2592

2593

2594

2595

2596

2597

2598

2599

2600

2601

2602

2603

2604

2605

2606

2607

2608

2609

2610

2611

2612

That theThe -burner will burn the off-specification used oil only in an

industrial furnace or boiler identified in Section 739.161(a).

Certification retention.

The certification described in subsection (a) ofthis

Sectionabove must be maintained for three years from the date the last shipment

ofoff-specification used oil is shipped to the burner.

(Source:

Amended at 28 Ill. Reg.

_______,

 effective

______________

SUBPART

STANDARDS FOR USE AS A

DUST SUPPRESSANT DISPOSAL

OF USED

OIL

Section 739.180

Applicability

The requirements ofthis 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

Disposal ofhazardous used oils. -Used

leils

 that isare 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 of35 Ill.

Adm.

Code

703, 720 through 726, and 728.

Disposal ofnonhazardous used oils.

-~SedF~Oi1

oils that j~are

not a hazardous

wastewastes

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.

Section 739.182

Use Asas

a Dust Suppr

Theuse ofused oil as a dust suppressant is prohibited.

The use ofused oil as a dust suppressant is prohibited, exceptwhensuch activity

takes place-in one ofthe states listed in subsection (c) ofthis

Section.

A State may petition (e.g., as part

 of its authorization petitionsubmitted to EPA

under 35 Ill. Adm. Code 721.105 orby a separate submission) EPA to allow the

use ofused 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 theuse ofused oiland hazardous waste

JCAR350739-04063 1 3r01

2613

mixtures

 orused oil exhibiting a characteristic other than ignitability as a dust

2614

 suppressant. In addition, suchprograms must minimize the impactsofuse as a

2615

 dust suppressant on theenvironment.

2616

2617

 Thissubsection corresponds to 40CFR

268.182(c) which lists the

States with an

2618

authorized program for use ofused oil as a dust suppressant.

This subsection is

2619

 adopted to retain correlation with the Federal rules.

2620

2621

 (Source: Amended at28 Ill. Reg.

______,

 effective

_____________