ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

BROWN, HAY&STEPHENS, LLP

Claire A. Manning, Esq .

Registration No. 3124724

205 S . Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(217)544-8491

(217) 241-3111 (fax)

CmanningOu

.)bhslaw.com

NOTICE OF FILING

To :

ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that on December

1

21

,,

2005, we filed the attached

PROPOSED RULE AND STATEMENT OF REASONS and MOTION TO WAIVE

SIGNATURE REQUIREMENTS with Dorothy Gunn, Clerk of the Illinois Pollution Control

Board, a copy of which is herewith served upon you

.

Respectfully submitted,

By :

NORA, AN ASSOCIATION OF RESPONSIBLE

RECYCLERS

Claire A. Manning, one of its attorney

In the Matter of

PROPOSED AMENDMENTS TO

SPECIAL WASTE REGULATIONS

R06-20

CONCERNING USED OIL,

35 .111. Adm. Code, 808, 809

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing PROPOSED RULE AND

STATEMENT OF REASONS was filed, electronically, with the Clerk of the Illinois Pollution

Control Board, and with copies of such rule proposal being placed in the U

.S. mail on December

3

and addressed to

:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Alec Messina

Chief Legal Counsel

1021 North Grand Avenue

P.O. Box 19276

Springfield, Illinois 62794-9276

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Stephanie Flowers

Division of Legal Counsel

1021 North Grand Avenue

P.O. Box 19276

Springfield, Illinois 62794-9276

ILLLINOIS DEPARTMENT OF NATURAL RESOURCES

Office of Legal Services

One Natural Resources Way

Springfield, Illinois 62702-1271

OFFICE OF THE ILLINOIS ATTORNEY GENERAL

Chief of Environmental Division

188 W. Randolph St., 20th Floor

Chicago, Illinois 60601

December 12. 2005\msofrice\F .\WORD\CAM\CAMCLIENTS\NORA\NOTICE OF FILING PROPOSED RULE AND STATEMENT OF

REASONS.DOC

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of

)

SPECIAL WASTE REGULATIONS

)

R06-20

CONCERNING USED OIL,

)

35 . Ill. Adm. Code, 808, 809

)

MOTION TO WAIVE SIGNATURE REQUIREMENT,

The NORA, An Association of Responsible Recyclers ("NORA"), by and through its

attorney, Claire A. Manning, Brown Hay & Stephens LLP ., moves to waive the signature

requirements of Section 102.200 of the Illinois Pollution Control Board's ("Board") regulations

.

35 Ill. Adm. Code 102.200. NORA is seeking to amend the Board's waste rules to clarify that

the obligation related to the transportation of used oil as defined and managed in Part 739 is as

described in 35 Ill. Adm. Code 739 (Part 739), not 35 Ill . Adm. Code 808 and 809 .

NORA (formerly, the National Oil Recycling Association) is a trade association

comprised of more than 200 companies providing used oil collection and

recycling services throughout the entire United States, including Illinois and the

surrounding states .

2 .

Founded in 1984, NORA was actively involved in the creation of the federal rules

governing the management and transportation of used oil, found at 40 CFR 279,

which were promulgated in 1985 and 1992 and which the Board adopted as

Illinois regulations in 1993, via its Identical in Substance rulemaking authority

.

See R93-4 (September 23, 1993)

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

3 .

Many of NORA's members operate in or through Illinois, and are very interested

in the application of the Board's rules concerning the transportation of used oil in

this state .

4 .

NORA exists and acts only due to the concurrence of group members who have

common interests in the promotion of environmentally safe, practical and cost

effective regulations for the transportation and recycling of used oil and other

liquids .

5

.

NORA has appeared before this Board, and in other states, and before the USEPA

and Congress regarding matters related to the recycling of used oil

.

6 .

The Illinois Environmental Protection Agency is aware of NORA's filing of this

proposal, and has participated in its development

.

7

.

Because of the nature of NORA, and its status as a member organization, NORA

seeks to waive the requirement for signature

.

To require an organization like

NORA to obtain signatures would present an added expense to NORA, and is

burdensome and unnecessary

.

8 .

The Board has a long-standing practice of granting a signature waiver request to

various trade associations similarly situated to NORA, such as the Sierra Club, the

Illinois Association of Wastewater Agencies, and the Illinois Environmental

Regulatory Association

.

WHEREFORE, NORA moves the Board to waive the signature requirement for its proposed

clarifying regulatory amendments .

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

BROWN, HAY & STEPHENS, LLP

Claire A. Manning, Esq .

Registration No. 3124724

205 S. Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(217) 544-8491

(217) 241-3111 (fax)

Cmanning@bhslaw.com

Respectfully submitted,

By :

I , V

AT

CY

on of its attorney

---

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

PROPOSED RULE AND STATEMENT OF REASONS

The NORA, An Association of Responsible Recyclers ("NORA"), by its attorney

Claire A. Manning, Brown Hay & Stephens, LLP., and pursuant to 35 Ill. Adm. Code

102.200, submits this Proposed Rule and Statement of Reasons in support of its proposal

to revise the Illinois Pollution Control Board (the Board) special waste regulations as they

relate to the used oil recycling industry in Illinois

.

EXISTING REGULATIONS

Used oil occupies a special place in state and federal statutes and regulations,

largely because government environmental policies have sought to encourage recycling of

used oil as a prudent alternative to disposal . NORA (formerly, the National Oil Recycling

Association) is a trade association comprised of more than 200 companies providing used

oil collection and recycling services throughout the entire United States, including Illinois

and the surrounding states . Founded in 1984, NORA was actively involved in the creation

of the federal rules governing the management and transportation of used oil, found at 40

CFR 279, which were promulgated in 1985 and 1992 and which the Board adopted as

Illinois regulations in 1993, via its Identical in Substance rulemaking authority. See R93-

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of

)

PROPOSED AMENDMENTS TO THE BOARD'S

)

SPECIAL WASTE REGULATIONS

)

R06-20

CONCERNING USED OIL,

)

35 . 111. Adm. Code, 808,809

)

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

4 (September 23, 1993). Illinois' regulatory counterpart is found at 35 Ill. Adm. Code

739 .

Most states have adopted the federal used oil recycling rules (40 CFR Part 279) as

the sole regulatory requirements governing the management of used oil . Since Illinois

adopted its used oil rules pursuant to its "identical-in-substance" rulemaking authority,

Part 739 should minor 40 CFR 279. However, prior to the Board's promulgation of Part

739, Illinois had established special waste rules, particular provisions of which the

Agency applied to the used oil recycling industry. Thus, despite the intended "identical"

nature of these rules, the linkage to the existing waste rules has created unique

requirements (such as manifesting of used oil during transportation) not set forth in the

federal used oil rules .

II .

STATEMENT OF REASONS

NORA members believe that Illinois' additional regulatory treatment of used oil as

a special waste, with the corresponding manifesting and special waste hauling

requirements, is not consistent with that goal of making Illinois' program identical to the

federally designed program . Such requirements make it unduly burdensome to do

business in Illinois. NORA members that collect used oil in Illinois have formed a special

workgroup for purposes of proposing this rule to the Board, and will be available to testify

in its support .

NORA brought these concerns to the Illinois Environmental Protection Agency

(the Agency) and, for the last several months, has been engaged in constructive

discussions with the goal of making Illinois' used oil program mirror the federal program

.

NORA believes that the Agency shares the goal of making the Illinois program

2

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

substantially equivalent to the federal program and, accordingly, has agreed to eliminate

the special waste hauling and manifesting requirements imposed on used oil as defined

and managed under Part 739

.

Toward that end, NORA and the Agency have reached

substantial agreement on the specific changes that will be necessary to the Illinois special

waste rules to achieve that result

.

III

. PROPOSED REGULATORY CHANGES

These proposed amendments seek to decouple the special waste requirements

(particularly manifesting and hauling permitting) from the used oil requirements found at

Part 739. While NORA maintains that the current regulatory scheme can be interpreted so

that these special waste requirements do not apply to used oil, NORA believes that the

proposed regulatory changes are necessary in order to unambiguously achieve this result

.

To achieve the clarity NORA seeks, changes will need to be made to the following

provisions of the Board's special waste rules :

35 III. Adm. Code 808.121 (Generator

Obligations); 35 III. Adm. Code 809.211 (exemptions for Nonhazardous Special Waste

Transporters); 35 III. Adm. Code 809 .301 (Requirements for Delivery of Nonhazardous

Special Waste to Transporters) ; 35 Ill. Adm. Code 809.302 (Requirements for Acceptance

of Nonhazardous Special or Hazardous Waste from Transporters) ; 35 Ill. Adm. Code 501

(Manifests, Records, Access to Records, Reporting Requirements and Forms)

.

Specifically, each of the above-referenced sections would be changed as follows

:

Section 808.121

Generator Obligations

a)

Each person who generates waste shall determine whether the waste is a

special waste .

BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also

determine if the waste is a hazardous waste

.

3

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

b)

No person shall deliver special waste to a transporter unless the waste is

accompanied by a manifest as specified in Section 808 .122, and the

transporter has a special waste hauling permit issued pursuant to 35 III

.

Adm. Code 809. The following are exceptions to this prohibition :

I)

The person is subject to the small quantity generator exemption of

Section 808.123 .

2)

The transporter and waste are subject to a transporter exemption

under 35 Ill. Adm. Code 809.211

.

3)

The Agency has determined pursuant to this Part that the waste is

not a special waste .

4)

The waste consists of municipal water or wastewater treatment

plant sludge regulated under a sludge management plan approved

by the Agency pursuant to 35 Ill. Adm. Code 309.208

.

5) Used oil as defined by or managed pursuant to 35 111 : Adm. Code

739 .

c)

No person shall cause, threaten or allow the treatment, storage or disposal

of special waste in Illinois except :

I)

At a facility permitted or otherwise authorized to manage the

special waste pursuant to 35 Ill. Adm. Code 703 or 807 (Sections

21(d) and (e) of the Act) ; or

2)

At a facility owned and operated by such person and subject to the

on-site disposal exemption of Section 21(d) of the Act (Section

21(d) of the Act)

.

d)

No person shall deliver special waste to a transporter or a permitted facility

without a supplemental wastestream permit

.

e)

No person shall deliver to a transporter or permitted facility special waste

with a wastestream identification number unless the waste conforms with

the wastestream description in the wastestream classification

determination .

(Source: Amended at 23 111. Reg. 6875, effective July 1, 1999)

Section 809.211

Exemptions for Nonhazardous Special Waste Transporters

The following persons need not obtain a nonhazardous special waste hauling permit nor

carry a manifest if they haul only the waste indicated

:

4

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

a)

Any person licensed in accordance with the Private Sewage Disposal

Licensing Act [225 ILCS 225] and who hauls only septic tank pumpings

.

b)

Any person who hauls only livestock waste intended for land application

pursuant to 35 Ill. Adm. Code 560 .

c)

Transporters of municipal water or wastewater treatment plant sludge that

is to be applied to land and that is regulated under a sludge management

scheme approved by the Agency pursuant to 35 III. Adm. Code 309.208

.

d) Any person licensed in accordance with the Illinois Dead Animal Disposal

Act [225 ILCS 610] and who hauls only grease, meat packing scraps, dead

animals and parts of animals for delivery to a renderer .

e)

Any person operating under rules and regulations adopted pursuant to the

Illinois Oil and Gas Act [225 ILCS 725] and who hauls only oil and gas

extraction wastes as defined in that Act .

Any person who hauls only radioactive wastes as defined by the Radiation

Protection Act [420 ILCS 40] .

f)

g)

Any person who hauls only coal combustion fly ash

.

h)

Any person who hauls only declassified waste or refuse .

i)

Any person who hauls only special waste exempted by 35 Ill . Adm. Code

808.123 (small quantity generators of 220 pounds or less per month of

special waste) .

Any person who hauls potentially infectious medical waste that is regulated

under 35 Ill. Adm. Code Subtitle M .

])

k)

Any person who hauls used tires regulated under 35 Ill. Adm. Code 848

.

I) Any person who hauls used oil subject to regulation as used oil pursuant to

35 Ill. Adm. Code 739 .

(Source: Amended at 24 Ill. Reg. 14747, effective September 25, 2000)

Section 809.301

Requirements for Delivery of Nonhazardous Special Waste to

Transporters

No person may deliver any special waste generated within Illinois or for disposal,

storage or treatment within Illinois unless that person concurrently delivers a

manifest completed in accordance with Subpart E of this Part to a special waste

5

C

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

transporter who holds a current nonhazardous special waste hauling permit or

Uniform Program Registration and Permit issued by the Agency under Subpart B

or C of this Part

.

A manifest is not required to be delivered to a transporter who

hauls used oil subject to regulation asused oil pursuant to 35 III. Adm. Code 739

and who has registered as a used oil transporter and obtained an Illinois Special

Waste identification number.

(Source: Amended at 23 Ill . Reg. 6842, effective July 1, 1999)

Section 809.302

Requirements for Acceptance of Nonhazardous Special or

Hazardous Waste from Transporters

a)

No person may accept any special waste for disposal, storage or treatment

within Illinois from a special waste transporter unless the special waste

transporter has a valid nonhazardous special waste hauling permit or

Uniform Program Registration and Permit issued by the Agency under

Subpart B or J of this Part and concurrently presents to the receiver of the

special waste, or the receiver's agent, a completed, signed manifest as

required by Subpart E of this Part, which manifest designates the receiver's

facility as the destination for the special waste

.

A manifest is not required

to be presented by a transporter who hauls used oil subject to regulation as

used oil pursuant to 35 111. Adm. Code 739, and who has registered as a

used oil transporter and obtained an Illinois Special Waste identification

number .

b)

No person may deliver special waste in Illinois for disposal, storage or

treatment unless the person who accepts the special waste has a current,

valid operating permit issued by the Agency and the necessary

supplemental permits required by 35 111. Adm. Code 807, as well as all

other applicable permits as required by the Act and Board regulations .

(Source: Amended at 23 111 . Reg. 6842, effective July 1, 1999)

Section 809.501

Manifests, Records, Access to Records, Reporting

Requirements and Forms

a) Any person who delivers special waste to a permitted nonhazardous special or

hazardous waste transporter shall complete a uniform hazardous waste

manifest to accompany the special waste from delivery to the destination of the

special waste .

The manifest form will be provided or prescribed by the

Agency .

A manifest is not required to accompany deliveries of used oil by a

transporter who hauls used oil subject to regulation as used oil pursuant to 35

Ill. Adm. Code 739, and who has registered as a used oil transporter and

obtained an Illinois Special Waste identification number

.

6

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

(Source: Repealed at 23 111. Reg. 6842, effective July 1, 1999)

For the convenience of the Board, these proposed changes are included in complete,

downloaded versions of Part 808 and 809 which have been downloaded from the Board's

Web site (www.ipcb.state.il.us) on November 18, 2005 and which upon verification, have

not changed in language since that time. See Exhibit A .

Various principals of NORA companies are available to testify if necessary and to

present pre-filed testimony to the extent the Board deems such warranted . The testimony

would be consistent with the statement of reasons set forth in this document, and would

provide further background concerning the history, intent and purpose of the used oil

regulations .

IV .

CONCLUSION

NORA respectfully requests that the Board set this matter for First Notice as soon

as possible, accept the proposal for hearing, and move this rulemaking forward as

expeditiously as possible .

Respectfully submitted,

NORA, AN ASSOCIATION OF

RESPONSIBLE RE

ERS

By :

BROWN, HAY & STEPHENS, LLP

Claire A. Manning, Esq .

Registration No. 3124724

205 S . Fifth Street, Suite 700

P.O. Box 2459

Springfield, IL 62705-2459

(217) 544-8491

Cmanning Jbhslaw.com

7

Claire A. Manning, one of its attorneys

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

CERTIFICATION

In compliance with Section 102 .202(h) of the Board's rules, which requires a

"written statement or certification that the proposal amends the most recent version of the

rule as published on the Board's Web site or as obtained from the Clerk" the undersigned

hereby certifies that the background text of the rules proposed in the attached

Proposed

Rule and Statement of Reasons is consistent with the current version of the Board's

rules, as they today appear on the Board's website

.

8

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLEG: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER is SOLID WASTE AND SPECIAL WASTE HAULING

PART 808

SPECIAL WASTE CLASSIFICATIONS

SUBPART A : GENERAL PROVISIONS

Section

808.100

Purpose, Scope and Applicability

808.101

Transitional Rule

808.110

Definitions

808.111

Incorporations by Reference

808.121

Generator Obligations

808.122

Manifests

808.123

Small Quantity Generators

SUBPART B: CLASSES OF SPECIAL WASTE

Section

808.240

Special Waste Classes

808.241

Default Classification of Special Wastes

808.242

Special Handling Waste

808.243

Wastes Categorized by Source

808.244

Wastes Categorized by Characteristics

808.245

Classification of Wastes

SUBPARTC : CRITERIA AND DATA REQUIREMENTS

Section

808.300

Introduction

808.301

Degree of Hazard Determination by Computer

808.302

Data Base and Bioassay Procedures

SUBPART D: REQUEST FOR WASTE CLASSIFICATION

Section

808.400

Introduction

808.401

Application Forms

EXHIBIT

I

A

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

808.402

Application for Waste Classification

808.410

Physical and Chemical Analysis

808.411

Significant Trace Constituents

808.412

Common Names

808.413

Wastestream Description

808.420

Quality Assurance Plan

808.430

Degree of Hazard Data

808.431

Toxicological Testing

SUBPART E: REVIEW OF CLASSIFICATION REQUESTS

Section

808.501

Order of Requesting Information

808.502

Completeness

808.503

Standard for Classification

SUBPART F: WASTESTREAM CLASSIFICATION DETERMINATIONS

Section

808.520

Time for Agency Action

808.521

Conditions of Wastestream Classification

808.522

Final Agency Action

SUBPARTG: MODIFICATION, APPEAL AND ENFORCEMENT

Section

808.541

Request for Modification

808.542

Appeal

808.543

Effect of Classification

808.544

Enforcement

808.545

Modification

SUBPART H: CATEGORICAL AND CHARACTERISTIC WASTES

Section

808.600

Introduction

Appendix A

Assignment Of Special Waste To Classes

Appendix B

Toxicity Hazard

AUTHORITY: Implementing Sections 21, 22, 22.01 and 22 .9, and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/21, 22, 22 .01, 22 .9]

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

SOURCE: Adopted in R89-13A at 14 III. Reg. 14043, effective August 15, 1990 ;

amended in R98-29 at 23 Ill. Reg. 6875, effective July 1, 1999 .

SUBPART A : GENERAL PROVISIONS

Section 808.100

Purpose, Scope and Applicability

a)

This Part provides a means by which persons may obtain a classification

or declassification of special (non-Resources Conservation and Recovery

Act (RCRA) (42 U.S.C. 6901 et seq .) waste as defined in Section

808.110, based on the degree of hazard of the waste or other

characteristics, to assure that the waste receives appropriate handling

.

This Part does not apply to materials which are not special wastes as

defined by the Act

.

b)

This Part allows any person generating such special waste to request

waste classification and prescribes procedures by which applicants may

supply detailed information in order to establish the appropriate waste

classification. For the purposes of this Part, the term "classification"

includes declassification . Waste which has been declassified shall not be

deemed special waste until further action to the contrary by the Agency

pursuant to this Part .

c) Special wastes that are declassified pursuant to this Part are not subject

to any of the special waste hauling, disposal and reporting requirements

of 35 Ill. Adm. Code 809, but are still subject to other Parts of 35 Ill

.

Adm. Code: Subtitle G which govern the transport, treatment, storage

and hauling of non-special wastes

.

Section 808.101

Transitional Rule

Wastestreams which have been declassified by the Agency pursuant to Section 22

.9(c)

of the Act prior to the effective date of these rules shall remain declassified for a period

of not more than two years following the effective date of these rules, unless extended

by the Board in a variance proceeding . In order to accommodate its workload, the

Agency may, by giving not less than 180 days' prior written notice, require generators

to make reapplication by a date certain within this two year time period . The Agency

may extend this reapplication deadline for a period of not more than an additional 180

days, but in no event may the Agency extend the deadline to a date more than two

years following the effective date of this Part . Upon application before the deadline,

such wastestreams shall remain declassified during the pendency of any Agency

determination or any appeal to the Board of such determination made pursuant to

Section 22 .9(e) of the Act . As provided in Section 808 .241, all special (non-RCRA)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

wastes shall be deemed Class A special wastes unless a contrary determination has been

made pursuant to this Part

.

Section 808. 110 Definitions

"Act" means the Environmental Protection Act (Ill. Rev. Stat. 1989,

ch. 111 1/2, pars . 1001 et seq.)

.

"Agency" means the Illinois Environmental Protection Agency

.

"Board" means the Illinois Pollution Control Board

.

"Carcinogen" means a chemical, or complex mixture of closely related

chemicals, which has been determined in accordance with USEPA

Guidelines for Carcinogenic Risk Assessment, incorporated by reference

at Section 808 . 111, to have either sufficient or limited human evidence

or sufficient animal evidence supporting a causal association between

exposure to the chemical and an increase in incidence of benign or

malignant neoplasms or substantial decrease in the latancy period

between exposure and onset of neoplasms

.

"Declassified waste" means a waste which has been determined pursuant

to Section 808 .245 to not be a special waste

.

"Degree of hazard" is determined pursuant to Section 808 .245

.

"Hazardous waste" or "RCRA hazardous waste" is as defined in 35 111

.

Adm. Code 721 .

"LC50" means that concentration of a substance administered to test

organisms that is lethal to 50 percent of a population of exposed

organisms in a given time period . "Inhalation rat" means that the

substance is administered by inhalation and the test organisms are

laboratory rats . "Aquatic toxicity" means that the substance is

administered in water to specified free-swimming test organisms

.

"LD50" means that dose of a substance administered to test organisms

that is lethal to 50 percent of a population of exposed organisms in a

given time period. "LD50oral rat" or "oral rat" means that dose of a

substance, administered orally, that is lethal to 50 percent of a

population of exposed rats in a given time period

.

"Mutagen" means a chemical, or complex mixture of closely related

chemicals or ionizing radiation which has been determined, in

accordance with USEPA Guidelines for Mutagenic Risk Assessment,

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

incorporated by reference at Section 808 .111, to have sufficient evidence

supporting a causal association between exposure to the chemical and

point mutations (i .e., submicroscopic changes in the base sequence of

DNA) or structural or numerical chromosome aberrations . Structural

aberrations include deficiencies, duplications, insertions, inversions, and

translocations, whereas numerical aberrations are gains or losses of

whole chromosomes (e.g., trisomy, monosomy) or sets of chromosomes

(haploidy, polyploidy)

.

"Special handling waste" is a declassified waste which, due to its form

and mode of containment in transport or storage, presents a danger to a

person handling the waste such that the person needs information about

the waste to safely transport or store the waste. "Special handling

waste" includes any such waste which would pose a danger if handled in

a manner similar to household waste. "Dangers" include, but are not

limited to, the following: fire, explosion, and emission of toxic or

carcinogenic gas or dust . "Special handling waste" also includes any

special waste which, because of appearance or packaging, resembles

waste which would be a special handling waste. Such waste includes,

but is not limited to, any special waste contained in a sealed drum .

Irrespective of its degree of hazard ranking under Section 808.245, a

special handling waste is a special waste

.

BOARD NOTE: Section 808.245(d) provides that special handling

waste which would otherwise be declassified is at least a Type B special

waste

"Special (non-RCRA) waste" is any special waste that is not hazardous

waste as defined in this Section

.

"Special waste" means any hazardous waste, and any industrial process

waste or pollution control waste which has not been declassified

pursuant to Section 808 .245 . (Section 3 .45 of the Act.)

Board Note : The definition of "hazardous waste" at Section 3 .15 of the

Act differs from the definition of the same term as used in this Part . The

Board intends that the Section 3 .15 definition apply to this Part only for

the purposes of this definition of special waste . The Board intends that

the definition given in this Section apply to all other appearances for the

term "hazardous waste" throughout this Part

.

"TC50" means that dose of a substance administered to test organisms

that produces toxic effects in 50 percent of a population of exposed

organisms in a given time period. "TD50oral rat" means that the test

organisms are laboratory rats

.

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

Section 808.111

Incorporations by Reference

a)

The Board incorporates the following materials by reference

:

ANSI. Available from the American National Standards Institute, 1430

Broadway, New York, New York 10018, (212) 354-3300

:

--ANSI/ASQC C2-1985, "Specification of General Requirements for a Quality

Program", approved November, 1985

.

--ANSI/ASQC S1-1987, "An Attribute Skip-Lot Sampling Program", approved

March 6, 1987

.

--ANSI/ASQC Q94-1987, "Quality Management and Quality System Elements

-

- Guidelines", Approved June 15, 1987

.

--ANSI/ASQC Z1 .4-1981, "Sampling Procedures and Tables for Inspection by

Attributes", Approved 1981 .

--ANSI/ASQC Z1 .9-1980, "Sampling Procedures and Tables for Inspection by

Variables for Percent Nonconforming", Approved March 6, 1980

.

ASTM. Available from American Society for Testing and Materials, 1916 Race

Street, Philadelphia, PA 19103, (215) 299-5400

:

--ASTM Standard D 3828-87 "Standard Test Methods for Flash Point of

Liquids by Setaflash Closed Tester", approved December 14, 1987

.

--ASTM Standard D-93-79 or D-93-80 "ASTM Standard Test Methods for

Flash Point Pensky-Martens Closed Tester," approved August 19, 1980

.

--ASTM Standard E 896-87 "Standard Test Method for Conducting Aqueous

Direct Photolysis Tests", approved September 25, 1987

.

--ASTM Standard E 1147-87 "Standard Test Method for Partition Coefficient

(n-Octanol/Water) Estimation by Liquid Chromatography", approved February

27, 1987 .

--ASTM Standard E 1148-87 "Standard Test Method for Measurements of

Aqueous Solubility", approved April 3, 1987

NTIS. Available from the National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161, (703) 487-4600

:

--"Methods for Chemical Analysis of Water and Wastes", Third Edition,

March, 1983. (Document number PB 84-128677)

--"Test Methods for Evaluating Solid Waste", Physical/Chemical Methods,"

EPA Publication number SW-846 United States Environmental Protection

Agency (Third Edition, November, 1986)

.

Federal Register . Available from the Superintendent of Documents, United

States Printing Office, Washington, DC 20402

:

--USEPA Guidelines for Carcinogenic Risk Assessment, 51 Fed . Reg. 33992-

34003 (September 21, 1986)

.

b)

This Section incorporates no future amendments or editions .

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

Section 808.121

Generator Obligations

a)

Each person who generates waste shall determine whether the waste is a

special waste .

BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also

determine if the waste is a hazardous waste .

b)

No person shall deliver special waste to a transporter unless the waste is

accompanied by a manifest as specified in Section 808 .122, and the

transporter has a special waste hauling permit issued pursuant to 35 III

.

Adm. Code 809 . The following are exceptions to this prohibition

:

1)

The person is subject to the small quantity generator exemption

of Section 808.123

.

2)

The transporter and waste are subject to a transporter exemption

under 35 Ill. Adm. Code 809 .211 .

3)

The Agency has determined pursuant to this Part that the waste is

not a special waste

.

4)

The waste consists of municipal water or wastewater treatment

plant sludge regulated under a sludge management plan approved

by the Agency pursuant to 35 III . Adm. Code 309.208 .

5) Used oil as defined by or managed pursuant to 35 111 . Adm. Code

739

.

c)

No person shall cause, threaten or allow the treatment, storage or

disposal of special waste in Illinois except

:

1)

At a facility permitted or otherwise authorized to manage the

special waste pursuant to 35 Ill. Adm. Code 703 or 807 (Sections

21(d) and (e) of the Act) ; or

2)

At a facility owned and operated by such person and subject to

the on-site disposal exemption of Section 21(d) of the Act (Section

21(d) of the Act)

.

d)

No person shall deliver special waste to a transporter or a permitted

facility without a supplemental wastestream permit

.

e)

No person shall deliver to a transporter or permitted facility special

waste with a wastestream identification number unless the waste

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

conforms with the wastestream description in the wastestream

classification determination .

(Source: Amended at 23 Ill. Reg. 6875, effective July 1, 1999)

Section 808.122

Manifests

Except as otherwise provided by Section 808 .121(b), the generator of any special waste

shall prepare a manifest, as prescribed by 35 Ill . Adm. Code 809.501, prior to

shipment .

Section 808.123

Small Quantity Generators

Any person who generates a total quantity of special waste of 100 kilograms (220

pounds) or less in a calendar month is not required to initiate a manifest when

delivering such special waste to a hauler, provided that such waste shall not be

accumulated for more than 180 days prior to shipment . In any action to enforce the

requirements of this Part in which the generator asserts the applicability of this Section,

the burden of proof shall be on the generator to establish compliance with the monthly

quantity limitation and the time limit on accumulation . The generator shall record and

maintain the quantities and dates of waste generation and accumulation to establish

compliance with such quantity and time limitations

.

SUBPART B: CLASSES OF SPECIAL WASTE

Section 808.240

Special Waste Classes

a)

This Subpart contains rules for the classification and declassification of

special (non-RCRA) wastes . There are two classes of such special

wastes, "Class A" and "Class B ." Wastes which are declassified

pursuant to Section 808.245 of this Part shall no longer be considered

special wastes

.

b)

"Class A" special wastes are those special (non-RCRA) wastes which the

Agency has not determined, pursuant to this Part, to be a Class B special

waste. "Class B" special wastes are those special (non-RCRA) wastes

which the Agency determines, pursuant to Section 808.245, pose a low

or moderate degree of hazard to the environment or the public health in

the course of their transportation, storage, treatment or disposal

.

c)

This Subpart should be read in conjunction with the flowchart in

Appendix A. The flowchart is employed by answering the queries in

order, beginning from the top, and following the lines corresponding to

the appropriate responses down the chart until the waste is classified

.

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

The Sections of this Subpart are so arranged on that flowchart that the

first Section on the chart which assigns a waste classification to the

waste controls

.

d)

Subpart D contains procedures by which a person may request that the

Agency assign a special wastestream to a class

.

e)

Subpart H contains waste classifications based on source or

characteristics to which specific wastestreams have been assigned

.

Section 808.241

Default Classification of Special Wastes

Any special (non-RCRA) waste is a Class A special waste unless and until the Agency

determines otherwise pursuant to this Part .

Section 808.242

Special Handling Waste

The Agency may determine that a waste which is declassifiable pursuant to Section

808.245(d) is a special handling waste . Any such waste shall be so identified by the

Agency, together with appropriate conditions on its form and mode of containment in

transport or storage . A declassifiable waste which is determined to be a special

handling waste is a Class B special waste

.

BOARD NOTE: This rule sets the special handling flag . A special handling waste will

require manifesting, regardless of the toxic score under Section 808 .245, to protect the

waste hauler, the treatment or disposal operator and their employees

.

Section 808.243

Wastes Categorized by Source

a)

Subpart H defines certain categories of wastes, based on the type of

source or generator, and assigns them to classes

.

b)

A waste which meets the criteria for inclusion within a category based

on the type of source or generator, is a special waste the of class

specified for that category .

Section 808.244

Wastes Categorized by Characteristics

a)

Subpart H defines certain categories of waste based on their

characteristics, and assigns them to classes

.

b)

A waste which meets the criteria for inclusion within a category based

on its characteristics is a special waste of the class specified for that

category

.

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

Section 808.245

Classification of Wastes

Special wastes which are subject to this Subpart shall be classified or declassified based

on toxic score as follows :

a)

Compute the toxic score for the wastestream pursuant to Appendix B or,

where applicable, pursuant to Section 808 .431, utilizing a data base

which meets the standards of Section 808.302. However, if use of

Appendix B or Section 808.431 is demonstrated to the Agency to be

inapplicable or unavailable for the wastestream, the generator may

employ a bioassay procedure approved by the Agency pursuant to

Section 808.302, solely for the purpose of determining if the waste in its

undiluted form results in no behavioral response from the exposed test

organisms and, thus, warrants a toxic score of 0 (zero) . Where

applicable, the toxic score shall include the maximum volume of waste

to which such score applies

.

b)

Except as authorized under subsection (e), a wastestream receiving a

toxic score of 3 shall be deemed a Class A special waste

.

c)

Except as authorized under subsection (e), a wastestream receiving a

toxic score of 1 or 2 shall be deemed a Class B special waste ; however,

such waste shall be deemed a Class A special waste if the Agency

determines that it exhibits one or more of the following characteristics

:

1)

The physical form of the waste renders it difficult to manage in

transport, storage or handling prior to final disposition, or in a

landfill (Examples of wastes possessing such form are wastes

containing free liquids, and wastes in finely divided form which

are susceptible to airborne dispersal .) ;

2)

The chemical properties of the waste, if exposed to the

atmosphere or to an aqueous environment, render it difficult to

manage in the event of a leak, spill or other loss of containment

during transport, storage or handling prior to final disposition, or

in a landfill (Examples of wastes possessing such properties are

wastes which produce noxious or toxic fumes or gases in

sufficient concentration and quantity to pose a threat to the public

health or the environment, wastes which are ignitable or

flammable, wastes which are readily soluble in water, and wastes

which are highly mobile in an aqueous environment, including in

groundwater.); or

3)

The unstable nature of the waste renders it difficult to contain

during transport, storage or handling prior to final disposition, or

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

in a landfill (Examples of wastes possessing such an unstable

nature are wastes which are corrosive or reactive, and any other

wastes which, under foreseeable conditions, may cause the

premature failure of waste containment devices and structures

.)

.

d)

A wastestream receiving a toxic score of 0 shall be declassified, except

that such a waste that is determined by the Agency to be a special

handling waste shall be deemed a Class B special waste

e)

Notwithstanding a wastestream's toxic score, the Agency may condition

a lowered classification or a declassification of a special waste under this

Section. Such conditions imposed by the Agency shall be limited to

measures by which the generator shall, by particular modes or forms of

containment or treatment, assure that the dangerous characteristics of the

wastes are avoided or reduced . (Examples of such measures are

neutralization of acidic wastes prior to shipment, containment or

encapsulation of finely divided wastes, and treatment of ignitable wastes

so as to preclude ignition.) However, under no circumstances shall a

wastestream with a toxic score of 3 be declassified based solely upon its

mode of containment

.

f)

All conditions or limitations imposed by the Agency that relate to the

toxic score (including, where applicable, maximum wastestream volume)

and classification or declassification of a wastestream shall be specified

in the Agency's determination

.

SUBPART C: CRITERIA AND DATA REQUIREMENTS

Section 808.300

Introduction

This Subpart governs criteria and data requirements which shall be used to predict the

degree of hazard pursuant to Section 808 .245 .

Section 808 .301

Degree of Hazard Determination by Computer

a)

The Agency may employ electronic data processing equipment and

programs to accomplish the purposes of this Subpart . Any such program

must assign a degree of hazard according to the method specified in

Section 808.245

.

b)

The output generated by use of such equipment or such a program must

display all data used in each degree of hazard prediction, together with

the source of the data

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 808.302

Data Base and Bioassay Procedures

a)

This Section governs the data base and bioassay procedures which may

be employed to assess the physical, chemical and toxicological properties

of waste constituents

.

b)

The data base, and any bioassay procedure utilized pursuant to Section

808.245(a), shall consist of and use data and procedures which the

Agency determines are a reliable basis for decision. Reliability of a

source of data and procedures shall be assessed by reference to such

factors as, but not limited to, scientific validity ; consistency with directly

observable data, including monitoring data ; and the consistency of

results of repeated applications of the data, procedures and formulae

.

Sources of data may include, but are not limited to, the following :

1)

Standard reference sources

;

2)

Material published or incorporated by reference by a federal

regulation or by a regulation adopted by an agency of the State of

Illinois ;

3)

The application under consideration and written communications

between the applicant and the Agency or their representatives

with respect to the application

;

4)

Data and procedures previously used by the Agency in other

wastestream categorization determinations ; or

5)

Agency inspection, permitting and enforcement files relating to

the generator or the wastestream, excluding complaint forms

(except where the complainant will be available voluntarily for

deposition and examination under oath at any hearing on appeal

pursuant to Subpart G)

.

c)

The Agency shall make available for inspection and copying by the

public a list of the sources of data and bioassay procedures which it has

previously utilized for purposes of this Section, excluding any data

described in subsection (b)(3) of this Section that is protected from

public disclosure pursuant to Sections 7 or 7 .1 of the Act or pursuant to

35 Ill. Adm. Code 101 or 120 .

SUBPART D: REQUEST FOR WASTE CLASSIFICATION

Section 808.400

Introduction

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

a)

This Subpart specifies the procedures which shall be used to obtain a

waste classification from the Agency

.

b)

A waste classification may be requested by generators of special waste,

as specified in Subpart A .

Section 808.401

Application Forms

Persons applying for a waste classification shall use application forms provided or

approved by the Agency

.

Section 808.402

Application for Waste Classification

An application for waste classification shall, at a minimum, include the following

information :

a)

Basic information :

1)

The name, address and phone number of the original generator

;

2)

The original generator's United States Environmental Protection

Agency (USEPA) identification number (35 Ill . Adm. Code

722.122) and the Agency identification number, if the original

generator has obtained either ;

3)

The name and address of any treater of the waste ;

4)

Any treater's USEPA identification number and Agency site

number, if the treater has obtained either

;

5)

Whether any treater has a RCRA permit or interim status

;

6)

A chemical and physical analysis of the waste as specified in

Section 808.410 ;

7)

A wastestream description, as specified in Section 808.413 ;

8)

A quality assurance plan, as specified in Section 808 .420 ;

9)

A description of any current waste storage, treatment and

disposal processes applicable to the wastestream

;

10)

Identification of the disposal site or sites to which the applicant

proposes to send the waste, and the proposed modes of

transportation; and

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

BOARD NOTE: This information is requested to assist the

Agency in reviewing the application. These rules do not

preclude use of a disposal site which is not identified in the

application for classification .; and

11)

Wastestream number of any supplemental wastestream permit

issued for the waste pursuant to 35 Ill . Adm. Code 807.210, and

the expiration date of any such permit

.

b)

The rationale for requesting classification, including all relevant

calculations and other bases for conclusions ; (If Appendix B of this Part

has not been utilized for purposes of calculating the toxic score, such

rationale shall indicate the reasons for using an alternative means of

determining the toxic score, including an explanation of whether the

alternative means chosen is equivalent to Appendix B

.)

c)

Data establishing that the waste is not a hazardous waste pursuant to 35

Ill. Adm. Code 721 ;

BOARD NOTE: Wastestream categorization is not applicable to RCRA

hazardous wastes. If the generator anticipates that this will be an issue,

the generator should include documentation supporting the claim that the

waste is not a hazardous waste pursuant to 35 III. Adm. Code 721

.

d)

Data bearing on whether the waste is a special handling waste, including

the physical form of the waste and the mode of containment, if any,

during transport ;

e)

Whether the waste can be categorized by source, pursuant to Section

808.243, or by characteristic, pursuant to Section 808 .244 ;

Sufficient physical, chemical and toxicological data to assign a degree of

hazard pursuant to Section 808.430 ;

If necessary, results of toxicological testing, as specified in Section

808.43 1

;

f)

g)

h)

Such additional information as the generator believes is appropriate to

show that the waste should be classified as the generator requests ; and

i)

Such additional information as the Agency determines is necessary to

assign the waste to a class . The Agency may specify additional

information by a request directed to the individual applicant

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 808.410

Physical and Chemical Analysis

Physical and chemical analyses of wastes for purposes of this Subpart shall be

conducted as follows

:

a)

Samples must be representative of the wastestream and shall

:

1)

Include all waste phases

.

2)

Be taken from areas distributed spatially within the waste bulk

;

and

3)

Be taken at suitable time intervals and over a sufficient period of

time to account for variation in the wastestream through work

shifts, seasons, etc

.

b)

The following properties shall be determined and reported

:

1)

The physical description of the wastestream, including, but not

limited to, its temperature, color, phase and flow rate ;

2)

The pH of aqueous phases of the waste, or the pH of a 1 :1

volume dilution of solid phases of the waste with distilled and

buffered water ;

3)

The flashpoint of liquid phases by the Pennsky-Martens Closed

Cup test method, specified in ASTM Standard D-93-79 or D-93-

80, incorporated by reference at Section 808 .111, or by a

Setaflash Closed Cup tester, using the test method specified in

ASTM standard D-3828-78, incorporated by reference at Section

808.111 ;

4)

Results of an EP toxicity test, as specified in 35 Ill . Adm. Code

721 .124; and

5)

Density

.

c)

The waste shall he analyzed for its constituents as follows

;

1)

The analysis must include all materials introduced into a process

generating the wastestream, and all materials which come into

contact with products and materials produced by the process or in

storage, including end products and impurities

;

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

2)

The analysis must include all constituents which will react with

each other under the process conditions

;

3)

If available, the analysis must use the Chemical Abstracts Service

(CAS) name and number for each constituent, or a name from the

list of common names pursuant to Section 808.412. Otherwise,

if the CAS name and number and such a common name is not

available for the constituent, the person requesting classification

may provide a name and complete description of the constituent;

4)

The analysis shall include a list of major constituents and

concentrations which accounts for at least 99% percent of the

mass of the waste. The list may include an entry for "other" or

"unknown" if significant trace constituents have been identified

as provided in subsection (c)(5)

.

The analysis shall list major

constituents of the waste rounded to the nearest tenth of a

percent, and shall be supported by a mass balance

;

5)

Significant trace constituents . The generator shall include a list

and the concentration of all significant trace constituents, as

defined in Section 808.411; and

6) The analysis shall identify all such major constituents and

significant trace constituents listed in 35 Ill . Adm. Code

721 .Appendix H

.

d)

The analysis must report the average concentration or mass percentage

and the expected range of each major constituent and significant trace

constituent. The expected range is the 95 % percent confidence intervals

for each set of analyses for the constituent . The error analysis must take

into account the following

:

1)

Temporal variation in the wastestream properties

;

2)

Uncertainties arising from sampling the waste ; and

3)

Uncertainties arising from the method of analysis

.

Section 808.411

Significant Trace Constituents

A significant trace constituent is a constituent revealed by analysis

:

a)

Which is present at a mass concentration of less than 1 percent ; and

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

b)

Which has a toxicity, BiTi, as determined in Appendix B, of less than

500 mg/1

.

Section 808.412

Common Names

The Agency shall utilize common names, together with a description of each, for

constituents not amenable to chemical nomenclature

.

BOARD NOTE: The purpose of this provision is to promote greater consistency in the

naming of constituents. The Agency may use this mechanism to assign common names

to constituents. Such names include: Sand, water, wood, foodstuff, etc. In addition,

this mechanism can be used to assign a name and toxicological properties to complex

mixtures after these have been determined for a wastestream or a type of waste-

generating process

.

Section 808.413 Wastestream Description

a)

The wastestream description must include the following

:

1) The name of the generator, if other than the original generator,

identified in the application for waste classification pursuant to

Section 808.402(a)(1) ;

2)

The name of the wastestream, as assigned by the Agency

pursuant to Section 808 .412, or as assigned by the generator, if

no name has been assigned by the Agency ;

3)

A general description of the activity, production process or

treatment process which gives rise to the waste

;

4)

A general description of the physical and chemical properties of

the wastestream; including its anticipated annual volume

.

BOARD NOTE: This description may be summary and narrative

;

detailed description of physical and chemical properties of the

wastestream is governed by Section 808.410 .

b)

The wastestream description may include a description of a range of

physical and chemical properties of the wastestream, based on physical

and chemical analysis pursuant to Section 808 .410, that are associated

with periodic, occasional or anticipated changes in the process which

produces the waste (e .g., changes in materials used as coatings, bonding

agents or solvents) .

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

BOARD NOTE: The wastestream description differs from the waste

analysis required pursuant to Section 808 .410. The wastestream

description should describe the waste which the applicant wishes to have

classified, which may not be exactly what the applicant presently

produces. The waste which is subjected to analysis must fit within the

wastestream description, but need not be identical to all variations of it .

To avoid having to necessarily repeat the waste classification process,

the applicant should request classification of a broadly-defined and

characterized wastestream, so as to cover any periodic, occasional or

anticipated modification to the waste properties . However, this will tend

to increase the degree of hazard ranking of the wastestream .

Section 808.420 Quality Assurance Plan

A quality assurance plan shall detail steps which the generator will take to ensure that

the waste conforms with the wastestream description .

a)

The plan must include employee orientation measures, such as the

following

:

1)

Assignment of responsibility for assuring compliance ;

2)

Employee training ;

3)

Work rules

;

4)

Posting of signs; and

5)

Positioning of waste receptacles

.

b)

The plan must include periodic and random inspection, sampling and

analysis of the wastestream to ensure that it conforms with the

wastestream description . The plan must be designed so that there is at

least a 95 percent probability that loads meet the wastestream

description. The plan may specify measures to be taken to account for

variables in the properties by the wastestream, so as to prevent false

negatives

.

BOARD NOTE: The applicant should use statistical quality control to

devise a plan with an inspection schedule which meets the above

standard based on the properties and variability of the wastestream

.

c)

The plan may provide for inspection, sampling and analysis by the

permitted facility which receives the waste . If so, the plan must include

a written agreement by the receiving facility that explicitly details what

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

actions the receiving facility will undertake to fulfill the requirements of

this Section

.

BOARD NOTE : The permitted facility is required by permit and 35 Ill

.

Adm. Code 811 to inspect, sample and analyze the wastes it receives

.

This is distinct from similar activities undertaken by contract on behalf

of the generator pursuant to this Section

.

Section 808.430 Degree of Hazard Data

a)

The applicant shall submit its degree of hazard prediction, including the

estimated toxic score and the information or data used to calculate the

prediction, with the application .

BOARD NOTE: The applicant may include the results of a degree of

hazard prediction performed by a computer program

.

b)

The Agency may request additional data, if necessary to assign the waste

to a class and the application contains inadequate information to

determine the degree of hazard of the waste

.

BOARD NOTE: If the Agency requests data, the request may include a

computer-generated result of an attempt to perform the degree of hazard

prediction, together with a specific request for needed data

.

c)

Degree of hazard data shall include sufficient information to classify the

waste pursuant to Section 808.245. In addition to the information

normally obtained by the physical and chemical analysis required by

Section 808.410, the degree of hazard data shall include, but not be

limited to, the following with respect to each constituent

:

1)

Toxicity ;

2)

n-Octanol/water partition coefficient

;

3)

Persistence, measured as the half-life in days; and

4)

Solubility in water, in parts per million on a weight basis

.

Section 808.431

Toxicological Testing

a)

Except as otherwise authorized by Section 808 .245(a), the Agency shall

request that the applicant perform toxicological testing of components or

of the waste pursuant to Appendix B of this Part, if a toxic score

determination is necessary to assign the waste to a class and there is

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

inadequate information in the Agency's data base to determine the toxic

score .

b)

The applicant shall elect to include the results of toxicological testing of

either the components of the waste or the waste itself .

c)

Testing required under subsection (a) shall be to determine an LD 50oral

rat. The Agency shall approve alternative toxicological testing if the

applicant demonstrates that an LD50 - oral rat cannot be measured or is

otherwise inappropriate . The applicant shall document the relation of

the alternative test to an LD 50 - oral rat .

SUBPART E: REVIEW OF CLASSIFICATION REQUESTS

Section 808.501

Order of Requesting Information

a)

If possible, the Agency shall categorize the wastestream without

requesting or using degree of hazard data pursuant to Section 808 .430 .

However, nothing herein shall preclude the Agency from requesting or

using degree of hazard data to confirm the characteristics of the waste

.

BOARD NOTE: For example, if the waste is a categorical waste, it

should be assigned to the type for that category without resort to degree

of hazard data .

b)

If, after requesting and receiving degree of hazard data pursuant to

Section 808.430, the Agency still cannot determine the degree of hazard,

the Agency shall request toxicological testing pursuant to Section

808.431

.

Section 808.502

Completeness

a)

An incomplete application is one which, together with the Agency's

database, has insufficient information to classify the waste

.

b)

If the Agency determines that an application is incomplete, it shall

classify the waste as a Class A special waste, unless the Agency

determines, based on such information as is available, that the waste is a

RCRA hazardous waste pursuant to 35 Ill. Adm. Code 721 .

SUBPART F: WASTESTREAM CLASSIFICATION DETERMINATIONS

Section 808.520

Time for Agency Action

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

a)

The Agency shall issue a wastestream classification determination within

60 days after the date of receipt of complete application

.

b)

The applicant may waive the time for Agency action

.

c)

As provided in Section 22 .9(e) of the Act, IF THE AGENCY DENIES

A REQUEST OR FAILS TO ACT WITHIN 60 DAYS AFTER

RECEIPT OF THE REQUEST, THE APPLICANT MAY SEEK

REVIEW BEFORE THE BOARD PURSUANT TO SECTION 40 OF

THE ACT AS IF THE AGENCY HAS DENIED AN APPLICATION

FOR A PERMIT

.

Section 808.521

Conditions of Wastestream Classification

The Agency shall include the following conditions in each wastestream classification

determination

:

a)

Wastestream description

;

b)

Wastestream identification number assigned to the specific

determination ;

c)

Classification of the special waste ;

d)

Limitations on the management of the waste consistent with this Part,

and 35 Ill. Adm. Code 809

;

e)

A quality assurance plan

;

f)

The expiration date, if any; and

g)

Such additional conditions as the Agency determines are necessary to

assure that waste managed pursuant to the classification determination is

of the class specified

.

Section 808.522

Final Agency Action

Final Agency action shall consist of a final determination of a wastestream

classification request. The Agency takes final action on the date the wastestream

classification determination is mailed to the applicant

.

SUBPART G : MODIFICATION, APPEAL AND ENFORCEMENT

Section 808.541

Request for Modification

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

If the application is a request for modification of a previous final wastestream

determination, the applicant shall continue to manage waste pursuant to the old

determination until it receives a final disposition of its request for a new determination

.

Section 808.542

Appeal

a)

Within 35 days after the Agency's final action, the applicant may appeal

a wastestream classification determination to the Board . Appeals under

this Section shall be subject to the requirements of 35 Ill . Adm. Code

105 .

b)

The record before the Board consists of the data base which was

considered by the Agency at the time the Agency took final action. The

applicant may supplement the record before the Board only under one or

more of the following conditions

:

1)

If the applicant attempted to submit the information into the data

base before the Agency prior to filing its appeal to the Board ; or

BOARD NOTE: This provision is intended to prevent the use of

appeals to challenge the validity of degree of hazard data through

the introduction of new information without the Agency having

the opportunity to reconsider its determination based on that new

information

.

2)

If the data base filed by the Agency is not complete with respect

to materials identified in Section 808 .302(b)(3)

.

Section 808.543

Effect of Classification

A wastestream classification provides the generator with a determination necessary to

obtain a wastestream identification number or to modify a supplemental wastestream

permit. A wastestream identification number and a supplemental wastestream permit

are necessary for completion of manifests and reports required by this Part and 35 Ill

.

Adm. Code 809 and 807 . The wastestream classification authorizes the generator,

hauler and permitted facility to transport and manage waste meeting the wastestream

description in accordance with regulations governing the transportation and

management of special waste of the type provided in the classification determination

.

Section 808 .544

Enforcement

Any person may bring an action pursuant to Title VIII of the Act and 35 Ill. Adm

.

Code 103 to seek enforcement of the provisions of this Part . Penalties may be assessed

upon a finding of violation, as provided in Title XII of the Act . Sanctions may include

revocation of a wastestream classification determination

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 808.545

Modification

a)

A generator who has received a wastestream classification may request

modification at any time by filing a new application . The generator shall

file a new application whenever the waste it produces no longer meets

the wastestream description .

b)

The Agency shall modify a wastestream classification whenever

necessary to reflect amendments, repeals or additions to the Act or 35

Ill. Adm. Code: Chapter I. The Agency shall give the generator at least

30 days prior written notice before it modifies a wastestream

classification .

SUBPART H: CATEGORICAL AND CHARACTERISTIC WASTES

Section 808.600 Introduction

a)

This Subpart defines "categories of wastes" by the type of source or

generator producing the waste, by the process from which the waste

arises, or by name. This Subpart also defines "categories of wastes," as

"characteristics wastes," based on physical or chemical properties

.

b)

Categorical and characteristic special (non-RCRA) wastes are assigned to

a category defined under this Subpart based on the similarity of the

physical, chemical or biological properties of the wastes to those

properties designated as representative of that category, regardless of the

degree of hazard of the individual wastes or wastestreams

.

Section 808.APPENDIX A Assignment of Special Waste to Classes

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

waste

cpt;gerized by

Characteriutics2 (section 808 .244)

0

Request

to Clayeity Waste (Section 602

. 402)

Application Incoropiats? (Section 806 .502)

1

mn

waste Categorized by Source?

(Section 8D3 .243j

o

I

Yes

Assign to Clacc Based on

Source (Subpart H)

Classify waste According to Degree of Hazard

(by 'Ioxic Score)

(Section 800.245)

DeclaSeLfiafle

Special Handling Waste?!

(Section 008.742)

11

Yea

na"grn to C1aas Based on

charactariatic (Subpart H)

1 or 2

I

Declassified

Class B

Section 808. APPENDIX B Toxicity Hazard

This Appendix describes the method by which a generator of special waste or the waste

source shall determine the toxic score for a waste

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

a)

The wastestream equivalent toxic concentration (Ceq) is calculated as

follows

:

Ceq = A * SUM(Ci / Bi * Ti)

where :

1)

SUM means the sum of the results of the calculation in

parentheses for each component of the wastestream ;

2)

Ci is the concentration of component i as a percent of the waste

by weight

;

3)

Ti is a measure of the toxicity of component i, as provided in

subsection (h)

;

4)

A is a constant equal to 300 ; and

BOARD NOTE: A is a constant used to allow the entry of

percent values for Ci, and to adjust the results so that a reference

material, 100 percent copper sulfate, with an oral toxicity of 300

mg/kg, achieves an equivalent toxic concentration of 100

.

5)

Bi is a conversion factor used to convert the toxicity of

component i (Ti) to an equivalent oral toxicity . Bi is determined

from subsection (i)

.

b)

The toxic amount (M) is calculated as follows

:

M=S*Ceq

where

:

1)

S is the maximum size of a wastestream shipment in kg/month

(Such maximum size shall be specified as a condition of the

wastestream classification .); and

2)

Ceq is the equivalent concentration from subsection (a)

.

c)

The toxic score is calculated as follows :

1)

If the toxic amount (M) is less than 100, the toxic score is 0

.

2)

If the toxic amount is greater than or equal to 100 and less than

1000,. the toxic score is 1

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

3)

If the toxic amount is greater than or equal to 1000 and less than

10,000, the toxic score is 2

.

4)

If the toxic amount is greater than or equal to 10,000, the toxic

score is 3

.

BOARD NOTE: 100 kg/month of the reference material, 100

percent copper sulfate, has a "toxic amount" of 10,000, defining

the borderline between a "toxic score" of 2 or 3 for a small

quantity generator .

d)

The toxic score shall be used as follows

:

1)

If the toxic score is 0 or 3, the toxic score shall be used for the

purposes of Section 808.245 without adjustment

.

2)

If the toxic score is 1 or 2, the toxic score shall be adjusted based

on environmental fate, pursuant to subsections (e), (f) and (g)

.

e)

The environmental fate score (F) is calculated as follows

:

F = SUM(Ci * Li)

where :

1)

SUM means the sum of the results of the calculation in

parentheses for each component of the wastestream

;

2)

Ci is the concentration of component i as a percent of the waste

by weight; and

3)

Li is the environmental level of component i, as determined by

subsection (j)

.

f)

The toxic score is adjusted as follows

:

1)

If the environmental fate score (F) is less than 100, subtract 1

from the toxic score ;

2)

If the environmental fate score is greater than or equal to 100 and

less than 200, the toxic score is not modified ;

3)

If the environmental fate score is greater than or equal to 200,

add 1 to the toxic score

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Use the toxic score or adjusted toxic score calculated pursuant to

subsections (b) through (f) for the purposes of Section 808 .245

.

g)

h)

Sources of toxicity data .

1)

The generator is required to provide information to substantiate

that any waste is other than a type A waste

.

2)

Carcinogens and mutagens . If available, use a TD50 oral rat to

represent toxicity based on carcinogenicity and mutagenicity .

Otherwise

:

A)

Carcinogens are assigned a Ti of 0.1 mg/kg; and

B)

Mutagens are assigned a Ti of 0.6 mg/kg

.

3)

Toxicity values shall be selected according to the following

criteria

:

A)

Toxicities are converted to equivalent oral toxicities as

specified in subsection (i) ;

B)

Toxicity values are ranked by source according to the

following priorities, with the sources listed in descending

order of priority

.

i)

First oral rat; then inhalation rat; then dermal

rabbit ; then aquatic toxicity .

ii)

If data from the bases is unavailable, then other

mammalian toxicity values

;

C)

If there is more than one toxicity value for the toxicity

from the highest priority available source, the lowest

(most toxic) equivalent oral toxicity value is used

.

i)

Conversion factors for equivalent oral toxicities . The following

conversion factors must be used to convert toxicity values to equivalent

oral toxicities (Bi) (If a carcinogen or mutagen is assigned a value for Ti

in the absence of a TD50 , Bi is assigned a value of 1 .) :

Toxicity measure

Units

Bi

Oral - LD50

mg/kg

1

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

J)

Environmental levels. If the waste constituent is innocuous, the

environmental level (Li) is equal to 0 . Otherwise, Li for a component is

the highest level for that constituent in the following table, based on

bioaccumulation, persistence and solubility . (If a value on the boundary

between ranges, the higher value of Li is used .)

:

Bioaccumulation

Persistence

Solubility

Li

Min .

Max .

Min

.

Max .

Min .

Max

.

5

365

10,000

3

4

5

30

365

1000 10,000 2

0

4

0

30

0

1000 1

1)

"Innocuous" waste constituents are those for which BiTi, as

determined pursuant to subsection (a), is greater than 5000mg/kg

.

2)

Bioaccumulation is measured as the logarithm to the base 10 of

the n-octanol/water partition coefficient for the waste constituent,

as measured pursuant to ASTM E 1147, incorporated by

reference in Section 808.111

.

3)

Persistence is determined pursuant to subsection (k)

.

4)

Solubility is measured as parts per million on a weight basis

.

Solubility may be measured pursuant to ASTM E 1148,

incorporated by reference in Section 808 .111

.

k)

Persistence. If available, a value for persistence, measured, pursuant to

subsection (k)(1), must be used. Otherwise, the table of subsection

(k)(2) must be used

.

1)

Persistence must be measured pursuant to ASTM E 896,

incorporated by reference in Section 808 .111

.

Carcinogen/mutagen - TD 50

mg/kg

1

.

Aquatic - 48 or 96 hour LC50

ppm

5

.

Inhalation - LC50

mg/ 1

25

.

Dermao - LD50

mg/kg

0.25

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

2)

Persistence may be estimated using the following table . (The

longest half-life indicated must be used for constituents which fit

into more than one category .)

:

Type of Compound or Material

Half Life (days)

Metal, metal oxide or inorganic oxide

366

Inorganic salts

366

Asbestos

366

Clay

366

Plastics or polymers

366

Pesticides

366

Halogenated hydrocarbons

366

Polyaromatic hydrocarbons and biphenyls

366

Phthalate esters

366

Paper products

366

Fats, oils and greases

366

Resins and pigments

366

Aromatic and alicyclic hydrocarbons

31

Aliphatic hydrocarbons

-More than 10 carbons

31

-10 carbons or less

1

Waste constituents not otherwise listed

366

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER is SOLID WASTE AND SPECIAL WASTE HAULING

PART 809

NONHAZARDOUS SPECIAL WASTE HAULING AND THE UNIFORM

PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

809.101

Authority, Policy and Purposes

809.102

Severability

809.103

Definitions

809.104

Incorporations by Reference

809.105

Public Records

SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS

Section

809.201

Nonhazardous Special Waste Hauling Permits-General

809.202

Applications for Nonhazardous Special Waste Hauling Permit-Contents

809.203

Applications for Nonhazardous Special Waste Hauling Permit-Signatures

and Authorization

809.204

Applications for Nonhazardous Special Waste Hauling Permit-Filing and

Final Action by the Agency

809.205

Nonhazardous Special Waste Hauling Permit Conditions

809.206

Nonhazardous Special Waste Hauling Permit Revision

809.207

Transfer of Nonhazardous Special Waste Hauling Permits

809.208

Nonhazardous Special Waste Hauling Permit Revocation

809.209

Permit No Defense

809.210

General Exemption from Nonhazardous Special Waste Hauling Permit

Requirements

809.211

Exemptions for Nonhazardous Special Waste Transporters

809.212

Duration of Nonhazardous Special Waste Hauling Permits

SUBPART C: DELIVERY AND ACCEPTANCE

Section

809.301

Requirements for Delivery of Nonhazardous Special Waste to

Transporters

809.302

Requirements for Acceptance of Nonhazardous Special or Hazardous

Waste from Transporters

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

SUBPART D: PERMIT AVAILABILITY AND SYMBOLS

Section

809.401

Permit Availability

809.402

Nonhazardous Special Waste Symbols

SUBPART E: MANIFESTS, RECORDS AND REPORTING

Section

809.501

Manifests, Records, Access to Records, Reporting Requirements and

Forms

SUBPART F: DURATION OF PERMITS AND TANK NUMBERS

Section

809.601

Duration of Special Waste Hauler Permits and Tank Numbers (Repealed)

SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS

Section

809.701

General Provision

SUBPART H: EFFECTIVE DATES

Section

809.801

Compliance Date

809.802

Exceptions (Repealed)

SUBPART I: HAZARDOUS (INFECTIOUS) HOSPITAL WASTE

Section

809.901

Definitions (Repealed)

809.902

Disposal Methods (Repealed)

809.903

Rendering Innocuous by Sterilization (Repealed)

809.904

Rendering Innocuous by Incineration (Repealed)

809.905

Recordkeeping Requirements for Generators (Repealed)

809.906

Defense to Enforcement Action (Repealed)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

SUBPART J: UNIFORM PROGRAM

Section

809.910

Uniform State Hazardous Waste Transportation Registration and Permit

Program

809.911

Application for a Uniform Permit

809.912

Application for Uniform Registration

809.913

Payment of Processing and Audit Fees

809.914

Payment of Apportioned Mile Fees

809.915

Submittal of Fees

809.916

Previously Permitted Transporters

809.917

Uniform Registration and Uniform Permit Conditions

809.918

Uniform Registration and Uniform Permit Revision

809.919

Transfer of Uniform Registration and Uniform Permits

809.920

Audits and Uniform Registration and Uniform Permit Revocation

809.921

Permit No Defense

Appendix A

Old Rule Numbers Referenced (Repealed)

AUTHORITY : Implementing Sections 5, 10, 13, 21, 22, 22 .01, and 22 .2 and

authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 10, 13,

21, 22, 22 .01, and 22.2 and 27] (see P.A. 90-219) .

SOURCE: Adopted in R76-10, 33 PCB 131, at 3 Ill. Reg. 13, p. 155, effective March

31, 1979; emergency amendment in R76-10, 39 PCB 175, at 4 Ill . Reg . 34, p. 214,

effective August 7, 1980, for a maximum of 150 days ; emergency amendment in R80-

19, 40 PCB 159, at 5 Ill . Reg. 270, effective January 1, 1981, for a maximum of 150

days; amended in R77-12(B), 41 PCB 369, at 5 Ill . Reg. 6384, effective May 28,

1981 ; amended in R80-19, 41 PCB 459, at 5 Ill. Reg. 6378, effective May 31, 1981

;

codified in R81-9, 53 PCB 269, at 7 Ill. Reg. 13640; effective September 30, 1983

;

recodified in R84-5, 58 PCB 267, from Subchapter h to Subchapter i at 8 Ill . Reg .

13198; amended in R89-13A at 14 Ill. Reg. 14076, effective August 15, 1990

;

amended in R91-18 at 16 111. Reg. 130, effective January 1, 1992; amended in R95-11

at 20 Ill. Reg. 5635, effective March 27, 1996 ; amended in R98-29 at 23 Ill. Reg

.

6842, effective July 1, 1999 ; amended in R00-18 at 24 Ill. Reg. 14747, effective

September 25, 2000

SUBPART A : GENERAL PROVISIONS

Section 809.101

Authority, Policy and Purposes

Pursuant to the authority contained in Sections 5, 10, 13, 21, 22, 22 .01, and 22 .2 of

the Environmental Protection Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, 22, and 22 .2],

and consistent with the policy and purposes expressed in Section 20 [415 ILLS 5/20]

thereof, the Board adopts this Part. This Part prescribes the procedures for the

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Uniform Hazardous Materials Transportation and Registration Program and for the

issuance of permits to nonhazardous special waste transporters ; for the inspection and

numbering of vehicles; and for proper hauling of special wastes to approved disposal,

storage and treatment sites. It is the purpose of this Part to control only wastes as

defined herein .

(Source: Amended at 23 Ill . Reg. 6842, effective July 1, 1999)

Section 809.102

Severability

If any provision of this Part is adjudged invalid, or if the application thereof to any

person or in any circumstance is adjudged invalid, such invalidity shall not affect the

validity of this Part as a whole or of any Subpart, Section, subsection, sentence, or

clause thereof not adjudged invalid

.

(Source: Amended at 23 Ill . Reg. 6842, effective July 1, 1999)

Section 809.103

Definitions

"Act" means the Illinois Environmental Protection Act [415 ILCS 5]

.

"Agency" means the Illinois Environmental Protection Agency

.

"Base state" means the state in which a hazardous waste transporter must

obtain a uniform registration, if required by the base state, and uniform

permit

.

"Board" means the Illinois Pollution Control Board

.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking,

or placing of any waste or special waste into or on any land or water so that

such waste or special waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any waters, including_

ground waters

. [415 ILCS 5/3 .08](See "Waste", "Special Waste .")

"Garbage" means the waste resulting from the handling, processing,

preparation, cooking, and consumption offood, and wastes from the handling,

processing, storage and sale of produce

. [415 ILCS 5/3 .11](See "Waste. ")

"Hazardous waste" means a waste, or combination of wastes, which because

of quantity, concentration, or physical, chemical, or infectious characteristics

may cause or significantly contribute to an increase in mortality or an increase

in serious, irreversible, or incapacitating reversible, illness ; or pose a

substantial present or potential threat to human health or to the environment

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

when improperly treated, stored, transported or disposed

of,

or otherwise

managed, and which has been identified, by characteristics or listing, as

hazardous pursuant to Section 3001 of the Resource Conservation and

Recovery Act of 1976 (42 USC 6901 et seq.) or pursuant to agency guidelines

consistent with the requirements of the Act and Board regulations

.

Potentially

infectious medical waste is not a hazardous waste, except for those potentially

infectious medical wastes identified by characteristics or listing as hazardous

under Section 3001 of the Resource Conservation and Recovery Act of 1976,

P.L. 94-580, or pursuant to Board regulations. [415 ILCS 5/3 .15]

"Hazardous waste transporter" means any person who transports hazardous

waste as defined in Section 3.15 of the Act .

"Industrial process waste" means any liquid, solid, semi-solid or gaseous

waste, generated as a direct or indirect result of the manufacture of a product

or the performance of a service, which poses a present or potential threat to

human health or to the environment or with inherent properties which make the

disposal of such waste in a landfill difficult to manage by normal means .

"Industrial process waste" includes but is not limited to spent pickling liquors,

cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment

cleanings, paint sludges, incinerator ashes, core sands, metallic dust

sweepings, asbestos dust, hospital pathological wastes and off-specification,

contaminated or recalled wholesale or retail products . Specifically excluded

are uncontaminated packaging materials, uncontaminated machinery

components, general household waste, landscape waste and construction or

demolition debris. [415 ILCS 5/3 .17]

"Manifest" means the form provided or prescribed by the Agency and used for

identifying name, quantity, and the origin, routing, and destination of special

waste during its transportation from the point of generation to the point of

disposal, treatment, or storage, as required by this Part,

35 Ill . Adm. Code

:

Subtitle G, or by the Resource Conservation and Recovery Act of 1976 (42

USC 6901 et seq.) or regulations thereunder

.

"Nonhazardous special waste" means any special waste, as defined in this

Section, that has not been identified, by characteristics or listing, as hazardous

pursuant to Section 3001 of the Resource Conservation and Recovery Act of

1976 (42 USC 6901 et seq.) or pursuant to Board regulations .

"Nonhazardous special waste hauling vehicle" means any self-propelled motor

vehicle, except a truck tractor without a trailer, used to transport nonhazardous

special waste in bulk or packages, tanks, or other containers

.

"Nonhazardous special waste transporter" means any person who transports

nonhazardous special waste

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

"Off-site" means any site that is not "on-site", as defined in this Section

.

"On-site" means (for the purpose of transporting hazardous waste) on the same

or geographically contiguous property under the control of the same person

even if such contiguous property is divided by a public or private right-of-way

.

Non-contiguous properties owned by the same person but connected by a right-

of-way that the person controls, and to which the public does not have access,

is also considered on-site property

.

"Participating state" means a state that has elected to participate in the uniform

program and has entered into a reciprocal agreement

.

"Permitted disposal site" means a sanitary landfill or other type of disposal

site, including but not limited to a deep well, a pit, a pond, a lagoon or an

impoundment that has a current, valid operating permit issued by the Agency

and a supplemental permit issued by the Agency specifically permitting the site

to accept a special waste tendered for disposal

.

"Permitted storage site" means any site used for the interim containment of

special waste prior to disposal or treatment that has a current, valid operating

permit issued by the Agency and a supplemental permit issued by the Agency-

specifically permitting the site to accept a special waste tendered for storage .

"Permitted treatment site" means any site used to change the physical,

chemical or biological character or composition of any special waste, including

but not limited to a processing center, a reclamation facility or a recycling

center that has a current, valid operating permit issued by the Agency and a

supplemental permit issued by the Agency specifically permitting the site to

accept a special waste tendered for treatment

.

"Person" means any individual, partnership, co partnership, firm, company,

corporation, association, joint stock company, trust, estate, political

subdivision, state agency, or any other legal entity or their legal

representative, agent or assignee

.

[415 ILCS 5/3 .26]

"Pollution control waste " means any liquid, solid, semi-solid or gaseous waste

generated as a direct or indirect result of the removal of contaminants from the

air, water or land, and which pose a present or potential threat to human

health or to the environment or with inherent properties which make the

disposal of such waste in a landfill difficult to manage by normal means

.

"Pollution control waste" includes but is not limited to water and wastewater

treatment plant sludges, baghouse dusts, scrubber sludges and chemical spill

cleanings.

[415 ILCS 5/3 .27]

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

"Principal place of business" means the state in which a person owning

vehicles used for transporting hazardous waste maintains its central records or

majority of its records relating to the transportation of hazardous materials ; or

the state in which the person owning vehicles used for transporting hazardous

waste has the plurality of its mileage

.

"Reciprocal agreement" means an agreement between Illinois and another state

to participate in the Uniform Program .

"Reclamation" means the recovery of material or energy from waste for

commercial or industrial use

.

"Refuse" means any garbage or other discarded materials, with the exception

of radioactive materials discarded in accordance with the provisions of the

Radiation Protection Act [420 ILCS 40] and Radioactive Waste Storage Act

[420 ILCS 35] . (See "Waste .")

"Septic tank pumpings" means the liquid portions and sludge residues removed

from septic tanks .

"Site" means any location, place, tract of land, and facilities, including but not

limited to buildings, and improvements used for purposes subject to regulation

or control by this Act or regulations under the Act

.

[415 ILCS 5/3 .43]

"Solid waste ." (see "Waste .")

"Special waste" means any of the following

:

Potentially infectious medical waste;

Hazardous waste, as determined in conformance with RCRA hazardous

waste determination requirements set forth in 35 Ill . Adm. Code

722.111, including a residue from burning or processing hazardous

waste in a boiler or industrial furnace unless the residue has been

tested in accordance with 35 Ill. Adm. Code 726 and proven to be

nonhazardous;

Industrial process waste or pollution control waste, except:

Any such waste certified by its generator, pursuant to Section

22.48 of the Act, not to be any of the following :

A liquid, as determined using the paint filter test set forth

in 35111. Adm. Code 811.107(m) (3) (a);

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Regulated asbestos-containing waste materials, as

defined under the National Emission Standards for

Hazardous Air Pollutants in 40 CFR 61 .141;

Polychlorinated biphenyls (PCBs) regulated pursuant to

40 CFR 761;

An industrial process waste or pollution control waste

subject to the waste analysis and recordkeeping

requirements of 35 I11. Adm. Code 728.107 under the

land disposal restrictions of 35 Ill. Adm. Code 728; and

A waste material generated by processing recyclable

metals by shredding and required to be managed as a

special waste under Section 22.29 of the Act;

Any empty portable device or container, including but not

limited to a drum, in which a special waste has been stored,

transported, treated, disposed of, or otherwise handled,

provided that the generator has certified that the device or

container is empty and does not contain a liquid, as determined

using the paint filter test set forth in 35 Ill. Adm. Code 811.107

(m) (3) (a)

.

"Empty portable device or container" means a device

or container in which removal of special waste, except for a

residue that shall not exceed one inch in thickness, has been

accomplished by a practice commonly employed to remove

materials of that type. An inner liner used to prevent contact

between the special waste and the container shall be removed

and managed as a special waste; or

As may otherwise be determined under Section 22.9 of the Act .

[415 ILCS 5/3.451

"Special waste transporter" means any person who transports special waste (as

defined in Section

3.45 of

the Act) from any location .

"Spill" means any accidental discharge of special waste

.

"Storage" means the interim containment ofspecial waste prior to disposal or

treatment .

"Tank" means any bulk container placed on or carried by a vehicle to transport

special waste, including wheel mounted tanks

.

"Treatment" means any method, technique or process, including neutralization

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

designed to change the physical, chemical or biological character or

composition of any special waste so as to neutralize that waste or so as to

render that waste nonhazardous, safer for transport, amenable for recovery,

amenable for storage or reduced in volume .

"Treatment" includes any activity

or processing designed to change the physical form or chemical composition of

special waste to render it less dangerous or nonhazardous. [415 ILCS 5/3.49]_

Treatment also includes reclamation, re-use and recycling of special waste

.

"Truck" means any unitary vehicle used to transport special waste

.

"Truck tractor" means any motor vehicle used to transport special waste that is

designed and used for drawing other devices and not so constructed as to carry

a load other than a part of the weight of the device and load so drawn

.

"Uniform application" means the uniform registration and uniform permit

application form established under the Uniform Program and provided by the

Agency .

"Uniform permit" means the permit issued by a base state under Part II of the

uniform application .

"Uniform Program" means the program established pursuant to the directive of

the Hazardous Materials Transportation Uniform Safety Act of 1990 (49 USC

1 et seq.) and the Hazardous Materials Transportation Authorization Act of

1994 (49 USCS 5101 et seq.) and implemented pursuant to the Final Report

:

Uniform Program Pilot Project and the State Program Administrator's Manual,

Uniform Program, Alliance for Uniform HazMat Transportation Procedures,

incorporated by reference in Section 809.104

.

"Uniform registration" means the annual registration issued by a base state

under Part I of the uniform application, if the base state has a registration

requirement

.

"Vehicle" means any self-propelled motor vehicle, except a truck tractor

without a trailer, designed or used for the transportation of hazardous waste ._

[415 ILCS 5/22.2(1-5)(1)]

"Waste" means any garbage, sludge from a waste treatment plant, water

supply treatment plant, or air pollution control facility or other discarded

material, including solid, liquid, semi-solid, or contained gaseous material

resulting from industrial, commercial, mining and agricultural operations, and

from community activities, but does not include solid or dissolved material in

domestic sewage, or solid or dissolved materials in irrigation return flows, or

coal combustion by-products as defined in Section 3 .94 of the Act, or industrial

discharges which are point sources subject to permits under Section 402 of the

---

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Federal Water Pollution Control Act, as now or hereafter amended, or source,

special nuclear, or byproduct materials as defined by the Atomic Energy Act of

1954, as amended (42 USC 2011 et seq.) or any solid or dissolved material

from any facility subject to The Federal Surface Mining Control and

Reclamation Act of 1977 (P.L . 95-87) or the rules and regulations thereunder

or any law or rule or regulation adopted by the State of Illinois pursuant

thereto. [415 ILCS 5/3.53)

(Source: Amended at 24 Ill

. Reg . 14747, effective September 25, 2000)

Section 809.104

Incorporations by Reference

The Board incorporates the following material by reference

:

a)

CFR (Code of Federal Regulations) . A copy is available from the

Superintendent of Documents, United States Government Printing

Office, Washington, DC 20402 (202) 783-3238 .

49 CFR 171

(1996)

49 CFR 172

(1996)

49 CFR 177

(1996)

49 CFR 178

(1996)

49 CFR 180

(1996)

49 CFR 383

(1996)

49 CFR 387

(1996)

49 CFR 390-397

(1996)

b)

The Report of the Alliance for Uniform HazMat Transportation

Procedures, November 17, 1993

.

A copy is available from the U.S

.

Department of Transportation, 400 Seventh Street, SW, Washington

D.C

. 20590 .

c)

The Final Report: Uniform Program Pilot Project, March 15, 1996. A

copy is available from the U .S. Department of Transportation, 400

Seventh Street, SW, Washington D.C

. 20590 or on the internet at

http://www.fhwa.dot.gov/omc/alliance .html

.

d)

State Program Administrator's Manual, Uniform Program, Alliance for

Uniform HazMat Transportation Procedures, revised version, September

10, 1997 .

A copy is available from the National Governors'

Association, 444 North Capitol Street, Suite 267, Washington D.C

.

20001 or the National Conference of State Legislatures, Attn : Alliance

Project Manager, 1560 Broadway, Suite 700, Denver CO 80202

.

e)

This Section incorporates no later editions or amendments

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.105

Public Records

Information submitted to the Agency or Board pursuant to this Part will be withheld

from or released to the public in accordance with the following

:

a)

The Illinois Freedom of Information Act [5 ILCS 1401

b)

35 Ill. Adm. Code 120; and

c)

Agency rules implementing the Illinois Freedom of Information Act

.

(Source: Added at 23 Ill . Reg. 6842, effective July 1, 1999)

SUBPART B: NONHAZARDOUS SPECIAL WASTE HAULING PERMITS

Section 809.201

Nonhazardous Special Waste Hauling Permits-General

No person may haul or otherwise transport any nonhazardous special waste generated

within Illinois or any nonhazardous special waste to be disposed of, stored, or treated

within Illinois without a current, valid nonhazardous special waste hauling permit

issued by the Agency in accordance with the requirements of this Subpart unless the

transporter participates in the Uniform Program or is exempt from the nonhazardous

special waste hauling permit requirements under this Subpart

.

(Source: Amended at 23 Ill . Reg. 6842, effective July 1, 1999)

Section 809.202

Applications for Nonhazardous Special Waste Hauling

Permit-Contents

Applications for nonhazardous special waste hauling permits shall be made on

application forms prescribed or provided by the Agency, which, at a minimum, shall

require the following information :

a)

Name, address, telephone number and location of the nonhazardous

special waste hauling vehicle owner and operator applying for the

permit ;

b)

A description of the number and types of nonhazardous special waste

hauling vehicles and tanks to be used

;

c)

An agreement by the nonhazardous special waste hauling vehicle owner

and the operator identified in Section 809 .202(a) that

:

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

1)

Nonhazardous special waste loading, hauling and unloading will

be conducted in compliance with all applicable State and federal

laws and regulations

;

2)

All nonhazardous special waste hauling vehicles and tanks used

in nonhazardous special waste hauling will be clean and in good

repair at all times when so employed ;

3)

All nonhazardous special waste hauling vehicles, tanks and

associated piping, valving, etc ., will be constructed and

maintained to prevent leakage or spillage, and shall be cleanable

;

4)

No waste may be mixed with other wastes in one tank or on one

nonhazardous special waste hauling vehicle if such mixture

results in a hazardous combination likely to cause explosion, fire

or release of a dangerous or toxic gas or in violation of any

applicable State or federal law or regulation

;

5)

The nonhazardous special waste hauling equipment and

procedures to be used shall be proper for the permitted service,

be safe for the transporters, handlers, and others, and meet the

requirements of all other applicable State and federal laws and

regulations; and

d)

The application may require additional information deemed necessary by

the Agency consistent with the requirements of the Act and Board

regulations

.

(Source: Amended at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.203

Applications for Nonhazardous Special Waste Hauling

Permit-Signatures and Authorization

All nonhazardous special waste hauling permit applications shall be signed by the

owner and operator of the nonhazardous special waste hauling vehicle ; or, in the name

of the owner and operator, by the owner's or operator's duly authorized agent when

accompanied by evidence of authority to sign the application

.

(Source: Amended at 23 111. Reg. 6842, effective July 1, 1999)

Section 809.204

Applications for Nonhazardous Special Waste Hauling Permit-

Filing and Final Action by the Agency

---

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

a)

An application for nonhazardous special waste hauling permit is

considered filed on the date the Agency receives a properly completed

application on the form prescribed or provided by the Agency and with

correct fees .

b)

If the Agency fails to take final action (which includes granting or

denying the nonhazardous special waste hauling permit as requested, or

by granting the nonhazardous special waste hauling permit with

conditions) within 90 days after the date the completed application is

filed, the applicant may deem the nonhazardous special waste hauling

permit granted for a period of one calendar year commencing on the 91st

day after the application was filed

.

c)

The Agency will send all denials by U .S. Registered or Certified Mail,

Return Receipt Requested. All other final Agency decisions may go by

regular U .S. Mail. The Agency will be deemed to have taken final

action on the date that the notice of final action is mailed. Within 35

days after the Agency's final action, the applicant may appeal the

Agency's decision to the Board in the manner provided for the review of

permits in Section 40 of the Act

.

d)

The Agency will require the application to be complete. If incomplete,

the application will be returned, and the transporter will be required to

resubmit a complete application . The application must be consistent

with the provisions of the Act and Board regulations . The Agency may

undertake such investigations and request the applicant to furnish such

proof as it deems necessary to verify the information and statements

made in the application. If the application is complete and granting it

will not violate the Act or Board regulations, the Agency will grant the

permit .

e)

When an application is denied because it fails to comply with the Act or

Board regulations, any fees submitted with the application will be non-

refundable. Any subsequent re-filing of the application will be

considered a new application for which an application fee must be

included in accordance with Section 22.2 of the Act

.

f)

When the Agency rejects an application because it is incomplete, any

fees submitted will be non-refundable . The applicant can receive credit

for the payment with a resubmitted application if the resubmittal is

complete and returned to the Agency within 30 days after the initial date-

stamped rejection .

(Source: Amended at 24 Ill . Reg. 14747, effective September 25, 2000)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 809.205

Nonhazardous Special Waste Hauling Permit Conditions

a)

In granting nonhazardous special waste hauling permits, the Agency may

impose such conditions as may be necessary to accomplish the purposes

of the Act and the Board regulations

.

b)

The applicant may deem any conditions imposed by the Agency as a

denial of the nonhazardous special waste hauling permit for purposes of

review pursuant to Section 40 of the Act

.

(Source: Amended at

23 III

.

Reg .

6842,

effective July 1, 1999)

Section 809.206

Nonhazardous Special Waste Hauling Permit Revision

A nonhazardous special waste hauling permit will be automatically modified to include

any relevant change in the Act or Board regulations . The Agency will revise any

nonhazardous special waste hauling permit issued by the Agency under this Part to

make the permit compatible with any such relevant changes and so notify the permittee

in writing. Failure of the Agency to issue a revised permit shall not excuse the

permittee from compliance with any such change

.

(Source: Amended at

23 111 .

Reg

.

6842,

effective July 1, 1999)

Section 809.207

Transfer of Nonhazardous Special Waste Hauling Permits

No nonhazardous special waste hauling permit is transferable from one person to

another .

(Source: Amended at

23 III

.

Reg

.

6842,

effective July 1, 1999)

Section 809.208

Nonhazardous Special Waste Hauling Permit Revocation

Violation of any nonhazardous special waste hauling permit conditions or failure to

comply with any provisions of the Act or with any Board regulation will be grounds for

sanctions as provided in the Act, including revocation of the permit as provided in the

Act

.

(Source: Amended at

24 111

.

Reg. 14747, effective September

25, 2000)

Section 809.209

Permit No Defense

The existence of a nonhazardous special waste hauling permit under this Part does not

provide the permittee with a defense to a violation of the Act or Board regulations,

except for hauling nonhazardous special waste without a nonhazardous special waste

hauling permit .

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

(Source

:

Amended at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.210

General Exemption from Nonhazardous Special Hauling

Permit Requirements

Any person who generates a total quantity of nonhazardous special waste 100

kilograms (220 pounds) or less in any calendar month for disposal, storage or treatment

within Illinois is exempt from the permit requirements of this Subpart and from the

manifest provisions in Subpart E of this Part. This exemption shall not constitute a

defense to a violation of any provision of the Act or any applicable disposal, storage or

treatment requirement of 35 Ill. Adm. Code 807 .

(Source: Amended at 23 Ill. Reg. 6842, effective July 1, 1999

)

Section 809.211

Exemptions for Nonhazardous Special Waste Transporters

The following persons need not obtain a nonhazardous special waste hauling permit nor

carry a manifest if they haul only the waste indicated

:

a)

Any person licensed in accordance with the Private Sewage Disposal

Licensing Act [225 ILCS 225] and who hauls only septic tank pumpings

.

b)

Any person who hauls only livestock waste intended for land application

pursuant to 35 Ill. Adm. Code 560

.

c)

Transporters of municipal water or wastewater treatment plant sludge

that is to be applied to land and that is regulated under a sludge

management scheme approved by the Agency pursuant to 35 Ill . Adm .

Code 309.208

.

d)

Any person licensed in accordance with the Illinois Dead Animal

Disposal Act [225 ILCS 610] and who hauls only grease, meat packing

scraps, dead animals and parts of animals for delivery to a renderer

.

e)

Any person operating under rules and regulations adopted pursuant to

the Illinois Oil and Gas Act [225 ILCS 725] and who hauls only oil and

gas extraction wastes as defined in that Act

.

f)

Any person who hauls only radioactive wastes as defined by the

Radiation Protection Act [420 ILCS 40]

.

g)

Any person who hauls only coal combustion fly ash

.

h)

Any person who hauls only declassified waste or refuse

.

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

i)

Any person who hauls only special waste exempted by 35 Ill . Adm .

Code 808 .123 (small quantity generators of 220 pounds or less per

month of special waste)

.

1)

Any person who hauls potentially infectious medical waste that is

regulated under 35 Ill. Adm. Code Subtitle M

.

k)

Any person who hauls used tires regulated under 35 Ill. Adm. Code 848

.

1)

Anv person who hauls used oil subject to regulation as used oil pursuant_

to 35 Ill. Adm. Code 739 .

(Source: Amended at 24 Ill . Reg. 14747, effective September 25, 2000)

Section 809.212

Duration of Nonhazardous Special Waste Hauling Permits

a)

All permits issued under this Part will be issued for a period not to

exceed one year and are renewable .

b)

Applications for renewal of a nonhazardous special waste hauling permit

should be made prior to the expiration date of the permit on the

application forms prescribed in Section 809 .302

.

(Source: Added at 23 IIl . Reg. 6842, effective July 1, 1999)

SUBPART C : DELIVERY AND ACCEPTANCE

Section 809.301

Requirements for Delivery of Nonhazardous Special Waste to

Transporters

No person may deliver any special waste generated within Illinois or for

disposal, storage or treatment within Illinois unless that person concurrently

delivers a manifest completed in accordance with Subpart E of this Part to a

special waste transporter who holds a current nonhazardous special waste

hauling permit or Uniform Program Registration and Permit issued by the

Agency under Subpart B or C of this Part

.

A manifest is not required to be

delivered to a transporter who hauls used oil subject to regulation as used oil

pursuant to 35 111. Adm. Code 739 and who has registered as a used oil

transporter and obtained an Illinois Special Waste identification number

.

(Source: Amended at 23 Ill . Reg. 6842, effective July 1, 1999)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 809.302

Requirements for Acceptance of Nonhazardous Special or

Hazardous Waste from Transporters

a)

No person may accept any special waste for disposal, storage or

treatment within Illinois from a special waste transporter unless the

special waste transporter has a valid nonhazardous special waste hauling

permit or Uniform Program Registration and Permit issued by the

Agency under Subpart B or J of this Part and concurrently presents to

the receiver of the special waste, or the receiver's agent, a completed,

signed manifest as required by Subpart E of this Part, which manifest

designates the receiver's facility as the destination for the special waste

.

A manifest is not required to be presented by a transporter who hauls

used oil subject to regulation as used oil pursuant to 35 Ill . Adm. Code

739, and who has registered as a used oil transporter and obtained an

Illinois Special Waste identification number

.

b)

No person may deliver special waste in Illinois for disposal, storage or

treatment unless the person who accepts the special waste has a current,

valid operating permit issued by the Agency and the necessary

supplemental permits required by 35 111 . Adm. Code 807, as well as all

other applicable permits as required by the Act and Board regulations .

(Source: Amended at 23 Ill. Reg. 6842, effective July 1, 1999)

SUBPART D: PERMIT AVAILABILITY AND SYMBOLS

Section 809.401

Permit Availability

Upon issuance of a nonhazardous special waste hauling permit or a Uniform Program

registration and permit, the owner and operator of any such vehicle used to transport

nonhazardous special or hazardous waste shall maintain within the vehicle a legible

photocopy of the nonhazardous special waste hauling permit or Uniform Program

registration and permit

.

Upon request, issuance of the nonhazardous special waste

hauling permit or Uniform Program registration and permit shall be disclosed by the

owner and operator of the vehicle to any representative of the State of Illinois

(including, but not limited to, the Agency), any generator of the special waste, or any

treatment, storage, or disposal facility that has handled, is handling, or will handle the

special waste. Upon request by such representative, the transporter shall make

available a photocopy of the nonhazardous special waste hauling permit or Uniform

Program registration and permit to the representative . The owner and operator of the

vehicle shall also comply with any otherwise applicable federal regulations

.

(Source: Amended at 24 111 . Reg. 14747, effective September 25, 2000)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 809.402

Nonhazardous Special Waste Symbols

All vehicles used to transport special waste and packages used to contain special waste

shall be labeled, marked and placarded in accordance with regulations adopted by the

Illinois Department of Transportation or the United States Department of

Transportation or the United States Environmental Protection Agency, whichever has

jurisdiction .

(Source: Amended at 23 Ill . Reg. 6842, effective July 1, 1999)

SUBPART Et MANIFESTS, RECORDS AND REPORTING

Section 809.501

Manifests, Records, Access to Records, Reporting

Requirements and Forms

a) a) Any person who delivers special waste to a permitted nonhazardous

special or hazardous waste transporter shall complete a uniform hazardous

waste manifest to accompany the special waste from delivery to the

destination of the special waste . The manifest form will be provided or

prescribed by the Agency .

A manifest is

not required to accompany

deliveries

of used oil by a transporter who hauls used oil subject to

regulation as used oil pursuant to 35 Ill. Adm. Code 739, and who has

registered as a used oil transporter and obtained an Illinois Special Waste

identification number

.

b)

The transporter shall include in the manifest the following :

1)

The name of the generator of the special waste and generator

number ;

2)

Information stating when and where the special waste was

generated ;

3)

The name of the person from whom delivery is accepted and the

name of the site from which delivered

;

4)

The name and permit number of the transporter

;

5)

The date of delivery; and

6)

The classification and quantity of the special waste delivered to

the transporter .

c)

Manifest copies to be sent to the Agency

:

---

ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

1)

Every person who delivers RCRA hazardous waste or

polychlorinated biphenyl (PCB) wastes to a transporter shall

submit a copy of the Illinois manifest to the Agency within two

days after the shipment . Every person who accepts RCRA

hazardous waste or PCB waste from a transporter shall submit a

copy of the Illinois manifest to the Agency within 30 days after

receipt .

2)

A person who delivers RCRA hazardous waste or PCB wastes to

a transporter on another state's manifest, such as where the

destination state requires use of its manifest, does not have to

submit manifest copies to the Agency

.

3)

A person who delivers non-RCRA hazardous wastes or non-PCB

wastes to a transporter does not have to send a copy of the

manifest to the Agency. A person who accepts non-RCRA

hazardous waste or non-PCB wastes from a transporter does not

have to send a copy of the manifest to the Agency

.

d)

The manifest will consist of at least four parts, in contrasting colors,

such that an entry or signature on one part will be directly reproduced

upon all underlying parts . The top part of the manifest shall be signed

by the person who delivers special waste to a special waste transporter,

acknowledging the delivery . The top part of the manifest shall also be

signed by the special waste transporter, acknowledging receipt of the

special waste . The person who delivers special waste to a special waste

transporter shall retain the designated parts of the manifest as a record .

The remaining parts of the manifest shall accompany the special waste

shipment. At the destination, the manifest shall be signed by the person

who accepts special waste from a special waste transporter,

acknowledging receipt of the special waste

.

e)

A permitted site that receives special waste for disposal, storage or

treatment of special waste must be designated on the manifest as the final

destination point. Any subsequent delivery of the special waste or any

portion or product thereof to a special waste transporter shall be

conducted under a manifest initiated by the permitted disposal, storage

or treatment site,

f)

In all cases, the special waste transporter shall deliver the designated

parts of the complete, signed manifest to the person who accepts

delivery of special waste from the transporter . The special waste

transporter shall retain the designated part of the complete, signed

manifest as a record of delivery to a permitted disposal, storage or

treatment site. In addition, at the end of each month, or longer if

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

approved by the Agency, the owner and the operator of the permitted

disposal, storage or treatment site who accepts special waste from a

special waste transporter shall send the designated part of the completed

manifest to the person who delivered the special waste to the special

waste transporter .

Every generator who delivers special waste to a special waste

transporter, every person who accepts special waste from a special waste

transporter and every special waste transporter shall retain their

respective parts of the special waste manifest as a record of all special

waste transactions. These parts shall be retained for three years and will

be made available at reasonable times for inspection and photocopying

by the Agency .

g)

BOARD NOTE: The manifest requirements of 35 111 . Adm. Code 722,

724 and 725 relative to RCRA hazardous wastes are not affected by this

subsection. Generators and receiving facilities subject to those Parts

shall continue to supply designated copies of all manifests to the Agency

.

h)

Every generator who delivers nonhazardous special waste via a

transporter to a facility located outside Illinois shall file a report, on

forms prescribed or provided by the Agency, summarizing all such

activity during the preceding calendar year . Such reports shall, at a

minimum, include the information specified in subsection (i) of this

Section and should be received by the Agency no later than February 1

.

i)

Every annual report required to be filed with the Agency by a generator

for waste going out of state pursuant to subsection (h) of this Section

shall include the following :

1)

The IEPA identification number, name and address of the

generator ;

2)

The period (calendar year) covered by the report ;

3)

The IEPA identification number, name and address for each off-

site treatment, storage or disposal facility to which waste was

shipped during the period ;

4)

The name and IEPA special waste hauling number of each

transporter used during the period for shipments to a treatment,

storage or disposal facility ;

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

5) A description and the total quantity of each nonhazardous special

waste shipped out of state, listed by IEPA identification number

of each receiving site ;

6)

The method of treatment, storage or disposal for each

nonhazardous special waste ; and

7)

A certification signed by the generator or the generator's

authorized representative

.

Every in-State facility that accepts nonhazardous special waste from a

nonhazardous special waste transporter shall file a report, on forms

prescribed or provided by the Agency, summarizing all such activity

during the preceding calendar year. Such reports should, at a minimum,

include the information specified in subsection (k) of this Section and be

received by the Agency no later than February 1 . This subsection is

applicable to all nonhazardous special wastes that are delivered to a

nonhazardous special waste transporter on or after January 1, 1991

.

J)

k)

Every annual report required to be filed with the Agency by a person

accepting nonhazardous special waste from a nonhazardous special waste

transporter pursuant to subsection (j) of this Section shall include the

following information

:

1)

The IEPA identification number, name and address of the

facility ;

2)

The period (calendar year) covered by the report ;

3)

The IEPA identification number, name and address of each

nonhazardous special waste generator from which the facility

received a nonhazardous special waste during the period ;

4) A description and the total quantity of each nonhazardous special

waste the facility received from off-site during the period . This

information shall be listed by IEPA identification number of each

generator ;

5)

The method of treatment, storage or disposal for each

nonhazardous special waste ; and

6)

A certification signed by the owner or operator of the facility or

the owner's or operator's authorized representative

.

(Source: Amended at 24 111 . Reg. 14747, effective September 25, 2000)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

SUBPART F: DURATION OF SPECIAL WASTE HAULER PERMITS AND

TANK NUMBERS (Repealed)

Section 809.601

Duration of Special Waste Hauler Permits and Tank Numbers

(Repealed)

(Source: Repealed at

23 111

.

Reg .

6842,

effective July 1,

1999)

SUBPARTG: EMERGENCY CONTINGENCIES FOR SPILLS

Section 809.701

General Provision

In order to facilitate the clean-up, transportation or safe treatment, storage or disposal

of any waste generated by an accidental release of any material or special waste within

Illinois that constitutes a present or potential threat to health or to the environment, the

Agency may give written exception from the procedural requirements of this Part and

35 Ill .

Adm. Code

807

in accordance with guidelines adopted by the Agency that are

consistent with Section 3003 of the Resource Conservation and Recovery Act of 1976

(P.L . 94-580) and the Act and Board regulations. A written exception from the Agency

under this Subpart does not constitute a defense to a violation of the Act or of this Part

except for those requirements specifically stated in the written exception

.

(Source: Amended at

23 Ill .

Reg .

6842,

effective July 1,

1999)

SUBPART H: EFFECTIVE DATES

Section 809.801

Compliance Date

Except as otherwise provided in this Subpart, any person subject to the provisions of

this Part shall comply with such provisions on and after the effective date of this Part .

Section 809.802

Exceptions (Repealed)

(Source: Repealed at

23 Ill .

Reg

.

6842,

effective July 1,

1999)

SUBPART I: HAZARDOUS (INFECTIOUS) HOSPITAL WASTE

Section 809.901

Definitions (Repeated)

(Source: Repealed at

16 Ill

.

Reg .

130,

effective January 1,

1992)

Section 809.902

Disposal Methods (Repealed)

(Source: Repealed at

16 III

.

Reg .

130,

effective January 1,

1992)

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

Section 809.903

Rendering Innocuous by Sterilization (Repealed)

(Source: Repealed at 16 111. Reg. 130, effective January 1, 1992)

Section 809.904

Rendering Innocuous by Incineration (Repealed)

(Source: Repealed at 16111. Reg. 130, effective January 1, 1992)

Section 809.905

Recordkeeping Requirements for Generators (Repealed)

(Source: Repealed at 16 Ill . Reg. 130, effective January 1, 1992)

Section 809.906

Defense to Enforcement Action (Repealed)

(Source: Repealed at 16 Ill. Reg. 130, effective January 1, 1992)

SUBPART J: UNIFORM PROGRAM

Section 809.910

Uniform State Hazardous Waste Transportation Registration

and Permit Program

a)

Beginning July 1, 1998, no person may transport offsite any hazardous

waste (or mixture of hazardous and nonhazardous waste) into, through,

or within Illinois, without registering and obtaining a permit under the

Uniform Program, or in violation of any permit condition for any permit

required under this subsection and issued by the Agency or by any

participating state

.

1)

A transporter with its principal place of business in Illinois shall

obtain a uniform registration and a uniform permit from the

Agency .

2)

A transporter with its principal place of business in another state

shall designate another participating state in the Uniform

Program as its base state and shall obtain a uniform registration

from the base state, if the base state requires registration, and

shall obtain a uniform permit from the base state before

transporting hazardous waste in Illinois

.

b)

Small quantity generators of 100 kilograms (220 pounds) or less per

month are exempt from the uniform registration and uniform permit

requirements of this Part, except generators of acute hazardous waste as

specified in 35 Ill. Adm. Code 721 .105(e)

.

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

c)

A hazardous waste transporter shall comply with all the provisions of 49

CFR 171, 172, 177, 178, 180, 383, 387, and 390-397, incorporated by

reference in Section 809 .104, if the hazardous waste is transported in

Illinois

.

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.911

Application for a Uniform Permit

a)

Hazardous waste transporters whose base state is Illinois shall obtain a

uniform permit from the Agency by completing Part 11 of the uniform

application, provided by the Agency . The application form, provided by

the Agency, will be identical in scope, coverage, and content to the

uniform procedures and forms required by the Uniform Program . If the

application is complete and granting it will not violate the Act or Board

regulations, the Agency will grant the uniform permit

.

b)

The following procedures apply to the submittal of an application for a

uniform permit :

1) An application for a uniform permit is considered filed when the

Agency receives a completed application on the form provided by

the Agency and with the correct fee, set forth in Sections 809.913

and 809.915

.

2)

A completed application must include all information required in

Part II of the uniform application

.

3)

The Agency will notify the transporter in writing within 90 days

after receipt of the application if the application is incomplete. If

incomplete, the application will not be reviewed, and a copy of it

will be returned to the transporter with instructions for

resubmittal .

4)

If the Agency is unable to take final action (which includes

granting or denying the uniform permit as requested, or by

granting the uniform permit with conditions) within 90 days after

the date the completed application is filed, the Agency will issue

a Letter of Filing to the applicant. Letters of Filing will include

the following :

A)

A statement indicating that the applicant is in compliance

with the application requirements of the Uniform

Program ;

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

B)

A statement that law

enforcement officials in all

participating jurisdictions shall honor Letters of Filing as

temporary evidence of compliance with the Uniform

Program; and

C)

An expiration date 180 days from the date the Letter of

Filing is issued

.

5)

On or before the expiration of any Letter of Filing the Agency

will take final action on the completed application or the

applicant may deem the uniform permit granted for the three year

permit period, commencing on the day the completed application

was filed with the Agency

.

c)

The uniform permit will be valid for a period of three years unless :

1)

a transporter fails to renew its annual uniform registration ; or

2)

there is a change in the transporter's operations during the

permitting period (i .e., a transporter with a Part I uniform permit

begins transporting hazardous waste in a state that requires a Part

III disclosure)

.

d)

If the transporter's operations change during the permitting period, the

transporter shall submit a new uniform permit application (Part II)

detailing the changes. The Agency will review the changes in accordance

with the criteria and procedures outlined in the Alliance for Uniform

HazMat Transportation Procedures, incorporated by reference in Section

809.104(d), for evaluation of the application

.

e)

The Agency will send all denial notices and applications granted with

conditions by U.S. Registered or Certified Mail, return receipt requested

.

All other final notices may be sent by regular U.S. mail. The Agency will

be deemed to have taken final action on the date that the notice of final

action is mailed. Within 35 days after the Agency's final action, the

applicant may appeal the Agency's decision to the Board in the manner

provided for the review of permits in Section 40 of the Act

.

The Agency may undertake such investigations and request the applicant

to furnish such proof as it deems necessary to verify the information and

statements made in the application

.

f)

(Source: Added at 23 Ill . Reg. 6842, effective July 1, 1999)

Section 809.912

Application for Uniform Registration

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

a)

Hazardous waste transporters whose base state is Illinois shall obtain a

uniform registration from the Agency by completing Part I of the uniform

application, provided by the Agency, during the first

year

of each three-

year permitting period. A hazardous waste transporter whose base state is

Illinois shall renew the uniform registration from the Agency by

completing Parts I and IV of the uniform application, provided by the

Agency, during the second and third years . The application form will be

identical in scope, coverage, and content to the uniform procedures and

forms required by the Uniform Program . If the application is complete

and granting it will not violate the Act or Board regulations, the Agency

will grant the uniform registration .

b)

The following procedures apply to the submittal of an application for a

uniform registration

:

1)

An application for uniform registration is considered filed when

the Agency receives a completed application on the forms

provided by the Agency and with the correct fees, set forth in

Sections 809.914 and 809.915

.

2)

A completed application must include all information required in

Part I of the uniform application during the first year and all

information required in Parts I and IV during the second and

third years .

3)

The Agency will notify the transporter in writing within 90 days

after receipt of the application if the application is incomplete. If

incomplete, the application will not be reviewed, and a copy of it

will be returned to the transporter with instructions for

resubmittal

.

4)

If the Agency is unable to take final action (which includes

granting or denying the uniform registration as requested, or by

granting the uniform registration with conditions) within 90 days

after the date the completed application is filed, the Agency will

issue a Letter of Filing to the applicant . Letters of Filing will

include the following :

A)

A statement indicating that the applicant is in compliance

with the application requirements of the Uniform

Program ;

B)

A statement that law enforcement officials in all

participating jurisdictions shall honor Letters of Filing as

p

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

temporary evidence of compliance with the Uniform

Program ; and

C)

An expiration date 180 days from the date the Letter of

Filing is issued

.

5)

On or before the expiration of any Letter of Filing the Agency

will take final action on the completed application or the

applicant may deem the uniform registration granted for the one

year registration period, commencing on the day the completed

application was filed with the Agency

.

c)

The uniform registration is valid for a period of one year and must be

renewed annually

.

d)

The Agency will send all denials and applications granted with conditions

by U.S. Registered or Certified Mail, return receipt requested . All other

final Agency decisions may be sent by regular U.S. mail. The Agency will

be deemed to have taken final action on the date that the notice of final

action is mailed. Within 35 days after the Agency's final action, the

applicant may appeal the Agency's decision to the Board in the manner

provided for the review of permits in Section 40 of the Act.

e)

The Agency may undertake such investigations and request the applicant

to furnish such proof as it deems necessary to verify the information and

statements made in the application

.

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.913

Payment of Processing and Audit Fees

Beginning July 1, 1998, and annually thereafter, each transporter designating Illinois as

its base state must pay a $250 processing and audit fee for administering the uniform

registration and permit program as set forth in Section 22 .2 of the Act

.

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.914

Payment of Apportioned Mile Fees

a)

Beginning July 1, 1998, and annually thereafter, all transporters whose

base state is Illinois shall pay registration fees to the Agency for

apportioned miles for all states that are participating in the uniform

registration program and in which the transporter hauls hazardous waste

.

The Agency shall transmit to other participating states the registration fees

collected each calendar quarter on behalf of the other participating states

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within 30 days after the last day of the calendar quarter. A transmittal

report will accompany each payment and will summarize the fees collected

and list the transporters from which the fees were collected . The level of

hazardous material transportation activity within a state should be

calculated using the instructions in the uniform application and should be

based on two factors :

1)

The percentage of mileage in the state ; and

2)

The percentage of the transporter's total activity that involves the

transport of hazardous wastes

.

b)

For Illinois, the registration fee should be calculated by multiplying the

percentage of Illinois transportation by the percentage of hazardous waste

transportation multiplied by the total number of vehicles the transporter

operates multiplied by the $20 registration fee set forth in Section 22.2 of

the Act .

c)

A transporter should determine its percentage of Illinois transportation by

dividing the number of miles it traveled in Illinois during the previous year

by the number of miles it traveled nationwide during the previous year . If

a transporter operates only in Illinois, it should use 100 percent of the

miles traveled as its percentage of Illinois transportation. A transporter

may separately calculate fees payable for each fleet the transporter

operates

.

d)

A transporter shall determine its percentage of hazardous waste

transportation by using a method based on general percentage ranges . A

transporter shall determine its percentage of hazardous waste

transportation as follows :

1)

For less-than-truckload shipments, the transporter should divide

the weight of the transporter's hazardous waste shipments

transported during the previous year by the total weight of all

shipments transported during the previous year

.

2)

For the truckload shipments, the transporter should divide the

number of shipments transported during the previous year for

which placarding, marking, or manifesting was required by the

Code of Federal Regulations, Title 49, Part 172, by the total

number of all shipments transported during the previous year

.

3)

A transporter that transports both truckload and less-than-truckload

shipments of hazardous waste should determine its percentage of

hazardous waste transportation by calculating the percentage of

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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 13, 2005

business that is hazardous waste transportation on a proportional

basis with the percentage of business that is not hazardous waste

transportation .

4)

A transporter may use data from its most recent complete fiscal

year or the most recent complete calendar year in calculating the

percentages required in this Subpart for transportation conducted

during the previous year. If the applicant elects to change the

reporting year in a subsequent application, the applicant must

inform the Agency of its intention in writing

.

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.915

Submittal of Fees

Any person who submits an application for a uniform registration and uniform permit

to the Agency must determine the total fees owed in accordance with the instructions in

the Final Report: Uniform Program Pilot Project, incorporated by reference in Section

809.104, the Act, and Sections 809 .913 and 809.914 of this Part

.

a)

The transporter must attach or enclose with the application a certified

check, cashier's check or money order payable to the Treasurer, State of

Illinois in the appropriate amount

.

b)

When an application is denied, any fees submitted with the application

will be non-refundable. Any subsequent re-filing of the application will be

considered a new application for which an application fee must be

included in accordance with subsection (a) of this Section

.

c)

When the Agency rejects an application because it is incomplete, any fees

submitted will be non-refundable. The applicant can receive credit for the

payment with a resubmitted application if the resubmittal is complete and

returned to the Agency within 30 days after the initial date-stamped

rejection .

(Source: Added at 23 III. Reg. 6842, effective July 1, 1999)

Section 809.916

Previously Permitted Transporters

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

a)

From July 1, 1998 until June 30, 1999, a transporter who previously

obtained an Illinois Special Waste Transporter Permit is not required to

obtain a uniform permit or uniform registration under this Subpart for the

transportation of hazardous waste in Illinois until the transporter's special

waste permit expires .

b)

Transporters with permits expiring July 1, 1998 through June 30, 1999,

and whose base state is Illinois shall submit uniform registration and

permit applications to the Agency and should apply 90 days in advance of

the expiration date of their current permit . If the Agency cannot timely

review the uniform registration and permit applications within 90 days, the

current Illinois Special Waste Transportation permit will be extended by

operation of law for 30 days, or until the Agency takes final action on its

applications, whichever occurs first. However, if the transporter fails to

submit its new uniform registration and uniform permit applications 90

days in advance of the expiration of the current permit, the current Illinois

Special Waste Transporter permit will expire on the expiration date

indicated in the permit

.

c)

Beginning July 1, 1998, all Uniform Program permits issued by other

states that have not expired or been revoked will be acceptable for the

transportation of hazardous waste in Illinois

.

(Source: Added at 23 Ill . Reg. 6842, effective July 1, 1999)

Section 809.917

Uniform Registration and Uniform Permit Conditions

a)

When reviewing uniform registrations or uniform permits, the Agency

may impose such conditions as are necessary to satisfy the requirements

of the Uniform Program set forth in this Part

.

b)

The applicant may deem any conditions imposed by the Agency as a

denial of the uniform registration or uniform permit for purposes of

review pursuant to Section 40 of the Act

.

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.918

Uniform Registration and Uniform Permit Revision

Changes to the uniform registration or uniform permit, or the applications, issued

pursuant to this Part can only be made by the U .S. Secretary of Transportation or other

entity authorized pursuant to federal law . The Agency will revise any uniform

registration and uniform permit issued under this Part to conform with any such

changes and notify the permittee in writing. Failure of the Agency to issue a revised

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

uniform registration or uniform permit is not a defense to a violation of any changed

permit condition

.

(Source: Added at 23 111 . Reg. 6842, effective July 1, 1999)

Section 809.919

Transfer of Uniform Registration and Uniform Permits

No uniform registration and permit is transferable from one person to another

.

(Source: Added at 23 III. Reg. 6842, effective July 1, 1999)

Section 809.920

Audits and Uniform Registration and Uniform Permit

Revocation

The Agency will conduct audits to ensure that the transporter is accurately reporting its

hazardous waste transportation activity . If a transporter violates any of the uniform

permit conditions or fails to comply with any provisions of the Act or with any Board

regulation, sanctions may be imposed as provided in the Act, including revocation of

the uniform permit and uniform registration. As part of the audit process the Agency

is authorized, within constitutional limitations, to do the following

:

a)

Require transporters to allow Agency representatives to inspect or

examine any commercial vehicle or facility operated by a transporter

who transports hazardous waste in this State ;

b)

Require transporters to produce papers, books, records, documents, or

other evidentiary material necessary to determine if a transporter is

accurately reporting its hazardous waste transportation operations and is

otherwise complying with the Uniform Program; and

c)

Require transporters to allow Agency representatives to conduct

investigations and audits necessary to determine if a transporter is

entitled to a uniform permit or to make a suspension or revocation

determination .

(Source: Added at 23 Ill. Reg. 6842, effective July 1, 1999)

Section 809.921

Permit No Defense

The existence of a uniform permit or uniform registration under this Part does not

provide the permittee with a defense to a violation of the Act or Board regulations,

except for hauling hazardous waste without a uniform permit or uniform registration

.

(Source: Added at 23 III. Reg. 6842, effective July 1, 1999)

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ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, DECEMBER 13, 2005

Appendix A

Old Rule Numbers Reference (Repealed)

(Source: Repealed at 23 111. Reg. 6842, effective July 1, 1999)