PROPOSED AMENDMENTS

TO

THE

BOARD’S

SPECIAL

WASTE

REGULATIONS

CONCERNING

USED

OIL, 35

ILL.

ADM.

CODE

808,

809

John

Therriault, Acting

Clerk of

the Board

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph,

Suite

11-500

Chicago,

Illinois

60601

Claire

A.

Manning

Brown,

Hay

&

Stephens,

LLP

700

First

Mercantile

Bank

Building

205

South Fifth

St.,

P.O.

Box

2459

Springfield,

Illinois

62705-2459

Matthew

J.

Dunn

Environmental

Bureau

Chief

Office

of the

Attorney

General

Environmental

Bureau

North

69 West

Washington

Street,

Suite

1800

Chicago,

Illinois

60602

Mitchell

Cohen,

General

Counsel

Illinois

Dept.

of

Natural

Resources

One

Natural

Resources

Way

Springfield,

Illinois

62702-1271

Tim

Fox,

Hearing

Officer

Illinois

Pollution

Control

Board

James

R. Thompson

Center

100

W.

Randolph

St.

Suite

11-500

Chicago,

Illinois

60601

Deirdre

K. Hirner,

Executive

Director

Illinois

Environmental

Regulatory

Group

215 East

Adams

Street

Springfield,

Illinois

62701

PLEASE

TAKE

NOTICE

that I

have

today

filed

with the

Office

of the

Clerk

of the

Illinois

Pollution

Control

Board

the

COMMENTS

OF THE

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

a copy

of which

is

herewith

served

upon

you.

DATE:

/

-O-

1021

North Grand

Avenue

East

P.O.

Box 19276

Springfield,

Illinois

62794-9276

(217)

782-5544

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:

Ste

anie

Flowers

Assistant

Counsel

Division

of

Legal Counsel

IN THE

MATTER

OF:

)

BEFORE

TIlE ILLINOIS

POLLUTION

CONTROL

BOARflECVE

CLERKS

OFFICE

)

)

R06-20

)

(Rulemaking

—Land)

)

)

OCT

22

2009

STATE

OF

ILLINOIS

PoIIuton

Control

Board

I

‘

I

I

-II

/1’

NOTICE

OF

FILING

---

BEFORE THE ILLINOIS

POLLUTION

CONTROL BOARD

IN THE

MATTER

OF:

)

)

PROPOSED

AMENDMENTS

TO THE

)

R06-20

BOARD’S

SPECIAL

WASTE

)

(Rulemaking

—Land)

REGULATIONS

CONCERNING

)

USED

OIL, 35 ILL. ADM.

CODE 808, 809

)

COMMENTS

OF THE ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

NOW

COMES

the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”),

by and

through one

of its

attorneys, Stephanie

Flowers,

and

respectfully

submits

the

following

comments regarding

the

second

first

notice proposal

of the Illinois

Pollution

Control

Board

(“Board”) published

in

the Illinois

Register

on

September

11,

2009.

See,

33 Iii. Reg. 12426,

12439,

and 12446. The Illinois

EPA would

like to recognize

and thank the

Board for its

time

and

effort

in

this rulemaking

to balance

the used oil

industry’s concern

for reduced

paperwork

and records costs

with the Illinois EPA’s

concern

for

safe and

proper

management

and tracking

of used oil and other

special waste mixtures.

As

with the

Board’s first first notice

proposal,

the Board’s

second

first

notice proposal

exempts

used oil

as defined and managed

in accordance

with

35

Ill.

Adm. Code

739

(“Part

739”)

from the

manifesting

requirements

for special waste

set forth in

35 Ill. Adm. Code

808 and

809

(“Parts

808

and 809”). However,

now with its

second

first

notice proposal,

the Board has

also

chosen to

exempt certain

mixtures of used

oil and

other

waste

from the

manifest

requirements.

The Illinois

EPA has

always supported the

manifest exemption

for used

oil but has

continuously

expressed

its concern

over extending the exemption

to

mixtures of used

oil and other

wastes.

1

---

As the best

solution,

the Illinois

EPA still supports

the exemption

language

proposed

by

the

Board in its

first

first notice

proposal.

The

exemption

language

of

the first

first notice

proposal

is a simpler

exemption

that

is less complicated

for the

generator,

encourages

the

separation

of other

wastes

for proper

recycling,

and

provides

the best

information

to

the

transporter

and

receiving

facility

for safe

and proper

management

of

used

oil. However,

if the

Board elects

to

adopt

the regulatory

exemption

language

contained

in the

second

first notice

proposal,

the Illinois

EPA would

suggest

some modifications

to the Board’s

second first

notice

language

to ensure

that

the used

oil regulations

are

clear and

enforceable

and also

to ensure

proper

information

is

available

to safely mange

the waste

and

to encourage

segregation

and

separate

recycling

of

non-used

oil waste streams

whenever

possible.

The changes

to the Board’s

second

first

notice

are discussed

below

and

are highlighted

in

the

attached

Parts

739, 808,

and 809.

1.

Sections

808.121

(b)(6)(B)(i);

809.301

(b)(2)(i)

and 809.302(a)(2)(B)(i)

For

mixtures

of

used

oil and characteristic

hazardous

waste

the Illinois

EPA

believes

the

Board’s

proposed

wording

may allow

waste

subject

to regulation

under

RCRA

and manifesting

under

35

Ill. Adm.

Code

723 to be

exempt

from manifests.

The

proposed

language

at Sections

808.12

l(b)(6)(B)(i),

809.301(b)(2)(i)

and

809.302(a)(2)(B)(i)

allows

a

manifest

exemption

for

“mixtures

of used

oil as defined

by and

managed

in

accordance

with

35 Ill. Adm.

Code

739 and

characteristic

hazardous

waste,

with

a

Btu per

pound

content greater

than

5,000,

where

the characteristic

has been

extinguished.”

Section

739.1

10(b)(2)(b)

only allows

a mixture

of

characteristic

hazardous

waste

and

used

oil

to

be

managed

as

used

oil if the

“resultant

mixture

does

not

exhibit

any characteristic

of a

2

---

hazardous

waste

identified

under

Subpart

C

of

35

Ill. Adm.

Code

721.”

Therefore

if

the

hazardous

characteristic

was

contributed to

the

mixture

by

the used

oil

and

if

the

resulting

mixture

exhibited

a

hazardous

characteristic,

it

must

be managed

as

hazardous

waste.

The

Illinois

EPA

believes

the

language

for

the

manifest

exemption

should

be

clarified

to

ensure

that

it is

consistent with

the

RCRA

requirements.

The

Illinois

EPA

proposes

that

the

wording

of

Sections

808.121

(b)(6)(B)(i),

809.301

(b)(2)(i)

and

809

.302(a)(2)(B)(i)

be

changed

to:

the

characteristic

of

hazardous

waste

has

been

extinguished

in

the resultant

mixture;

2.

Sections

808.121(b)(6)(A

and

(B)(iii):

809.301(b)(1)

and (2)(iii);

and

809.302(a)(2)(A

and

(B)(iii).

The

proposed

language

at

Sections

808.121(b)(6)(A)

and

(B)(iii);

809.301(b)(1)

and

(2)(iii);

and

809.302(a)(2)(A)

and (B)(iii)

allows

a

manifest

exemption

to mixtures

of

used

oil and

small

quantity

hazardous

waste

and

mixtures

of used

oil

and

characteristic

hazardous

waste

provided

that

the

resulting

mixture

contains

more

than

fifty

percent

used

oil

by

volume

or

weight.

The

fifly

percent

was

selected

by

NORA

to

address

the

Illinois

EPA’s

concerns

that

a

mixture

of

used

oil

and

other

waste

may

not

behave

like used

oil and

that

the

other

waste

should

be

recycled

separately instead

of being

burned

or treated

at a wastewater

treatment

plant.

The

concern

of the

Illinois

EPA

is

dependent

upon

the type

of other

wastes

mixed

with

the

used

oil,

but

obviously approaches

zero

as the

used

oil content

approaches

one

hundred

percent.

Although

the

Illinois

EPA

believes

that

the

Board

attempted

to

limit

the

exemption

for mixtures

of

used

oil

and

other

wastes

to mixtures

that

would

behave

like

used

oil

and be

authorized

for

management

under

Part

739,

the Illinois

EPA

has

found

no

supporting

information

by

either

3

---

NORA

or

the Board

for

selecting

a fifty

percent

cut

off

and the

Illinois

EPA

believes

a

fifty

percent

mixture

could

still

present

a concern.

Therefore,

the

Illinois

EPA

recommends

that

the

percentage

of

oil required

to

meet

this

exemption

be

increased

to

at least

seventy

five

percent.

This

would

make

it

more

likely

that

the

resultant

mixture

of used

oil

and

other

waste

would

behave

like

used

oil and

that

large

quantities

of other

wastes

would

be recycled

separately

instead

of

being

mixed

into

the

used

oil

for burning

or

treatment

at

a wastewater

treatment

plant.

The

Illinois

EPA

proposes

that

the wording

of

Sections

808.121(b)(6)(A),

809.301(b)(1),

and

809.302(a)(2)(A)

be

changed

to:

Mixtures

of used

oil

as

defined

by

and managed

in accordance

with

35

Ill. Adm.

Code

739

and

hazardous waste,

both

generated

and

mixed

by

conditionally

exempt

small

quantity

generator

of

hazardous

waste,

provided

that such

mixture

contains

more

than

seventy

five

percent

used

oil by

either

volume

or

weight;

And

the wording

of Sections 808.12]

(b)(6)(B)(iii),

809.301(b)(2)(iii),

and

809.302(a)(2)(B)(iii)

be

changed

to:

the

mixture

contains

more

than

seventy

five

percent

used

oil

by either

volume

or

weight.

3.

Section

809.501(a)(2)

In

its

second

first

notice

the

Board

proposes

a generator

certification

in Part

739.

The

Illinois

EPA

recommends

that

the

Board

also

incorporate

a

generator

certification

at

Section

809.50

1(a)(2)

that

the

used

oil

mixture

meets

the

criteria

for

the manifest

exemption.

The

Illinois

EPA

requests

that

the

Board

use.

language

that

is similar

to

the requirements

found

in

Section

22.48

of

the

Illinois

Environmental

Protection

Act

to certify

non-special

waste.

The

Illinois

EPA

believes

this

language

is

needed

to

require

generators

to

provide

documentation

to

4

---

support

their

decision

that

the

waste

meets

the

manifest

exemption

and

most

generators

are

already

familiar

with

this type

of

certification.

Therefore,

the

Illinois

EPA

believes

the

language

at

Section

809.501(a)(2)

should

be

changed

to

the

following:

2)

A used

oil

mixture

must

be

transported

under

manifest

unless

the

generator

first

certifies

in

a

signed,

dated,

written

statement

that

the

used

oil

mixture

is an

exempt

mixture

listed

in

35

Iii.

Adm.

Code

808.12

1(b)(6).

The

certification

must

comply

with

the following:

A)

All

information

used

to determine

that

the

used

oil

mixture

is

not subject

to

manifest

shall

be

attached

to the

certification.

The

information

shall

include

but

not

be limited

to:

i)

the

means

by

which

the

generator

has determined

that

the

used

oil

mixture

is subject

to

regulation

under

35

Ill.

Adm.

Code

739;

ii)

the

means

by

which

the

generator

has

determined

the percentage

of

used

oil

in the

mixture

and

the

Btu

value;

iii)

if

the used

oil mixture

undergoes

testing,

the

analytic

results

obtained

from

testing,

signed

and

dated

by

the

person

responsible

for

completing

the

analysis;

iv)

if

the

used

oil

mixture

does

not

undergo

testing,

an

explanation

as

to

why

no

testing

is needed;

v)

a description of

the

process

generating

the

used

oil mixture;

and

vi)

relevant

Material

Data

Safety

Sheets.

B)

Certification

made

pursuant

to

this

Section

shall

be

effective

from

the

date

signed

until

there

is

a change

in

the

generator,

in

the

wastes

or

materials

used

in

the

mixture,

or

in

the

process

generating

the

used

oil

mixture.

C)

Certification

made

pursuant

to this

Section,

with

the

requisite

attachments,

shall

be

maintained

by

the

certifying

generator while

effective

and

for

at

least

3

years

following a

change

in the

generator,

a

change

in

the

wastes

or

materials

used

in

the

mixture,

or

a

change

in

or termination

of

the

process

generating

the

used

oil

mixture.

The

generator

shall

provide

a copy

of the

certification,

upon

request

by

the

Agency,

the

hauler of

the used

oil

mixture,

or

the

operator

of

the

facility

receiving

the

used

oil

mixture

for

storage,

treatment,

or

disposal,

to

the

party

requesting

the

copy.

If

the

Agency

believes

that

the used

oil

mixture

that

is the

subject

of the

certification

has

been

inaccurately

certified

to,

the

Agency

may

require

the

generator

to

analytically

test

the used

oil mixture

for

the

parameter

of

concern

and

provide

the Agency

with

a copy

of the

analytic

results

5

---

D)

A person who knowingly and

falsely certifies

that a used oil

mixture is not

subject

to manifesting requirements

is subject

to the penalties set

forth in

subsection (h) of Section 44 of this

Act.

4. Sections

808.110

and

809.103

The Board’s second first notice proposal contains

terms that are

not defined. Since,

the

term

wastewater as addressed in 35

Ill.

Adm. Code

739.110(f) does not

define the term as

it is used in

this exemption,

the

Illinois EPA suggests that the

following

definition

of “wastewater”

found in

35 Ill. Adm. Code 728.102 be included in the definitions

at Sections

808.110 and 809.103:

“Wastewater’ means waste

that

contains

less than

one percent

by

weight

total organic

carbon

(TOC)

and

less than one percent

by

weight

total suspended

solids

(TSS).

The Illinois EPA believes the term “Btu” should also

be defined.

The Illinois EPA

suggests

that

the following

definition be included

in

the definitions

at Sections

808.110

and 809.103:

“Btu’

or

‘British thermal unit’ means the quantity

of heat required

to raise the

temperature of one pound of

water

one degree Fahrenheit.”

5. Section 739.100

The term “classification” is used throughout the Boards

proposal

in Part 739 but

is not

defined. As used, it appears that classification is used

to distinguish

hazardous

waste,

used

oil, a

used

oil

mixture, or other special

waste

and therefore

the Illinois EPA

suggests that the

following

definition of

“classification” be included in the definitions

at Section

739.100:

“Classification’,

as used

in

this Part,

means a

short description

of

the

waste generating

activity

and designation as either hazardous

waste with

the appropriate

hazardous waste

code,

non

hazardous used oil, nonhazardous

used oil mixture,

or nonhazardous

other

special

waste.

6

---

6. Sections

808.121

(b)(6)(B).

809.30

1(b)(2),

and

809.302(a)(2)(B)

The

Illinois

EPA

suggests

a clarification

in Sections

808.121(b)(6)(B),

809.301(b)(2),

and

809.302(a)(2)(B)

that the 5,000

Btu per

pound limit

applies

to the mixture’s

other

waste

as

generated

and

prior to its

mixture

with

the used

oil. The

Illinois

EPA

also

suggests

a correction

to

a typo in Sections

808.12l(b)(6)(B),

809.301(b)(2),

and 809.302(a)(2)(B)

by replacing

the

word

“then”

with

“than”.

The Illinois

EPA

believes

the

language

at Sections

808.121(b)(6)(B),

809.301(b)(2),

and

809.302(a)(2)(B)

should be

changed

to the

following:

Mixtures

of used

oil as defined

by

and

managed

in accordance

with 35

Ill. Adm.

Code

739

and

characteristic

hazardous

waste,

with a Btu

per

pound content

greater

than

5,000

prior

to

being mixed

with

the used

oil,

where:

7. Sections

808.121

(b)(6),

809.301(b),

and

809.302(a)(2)

The Illinois

EPA suggests

that

the

certification

requirements

of Section

809.50

1(a)(2)

be

referenced

in Sections

808.121(b)(6),

809.301(b),

and

809.302(a)(2)

as

part

of

the generator’s

compliance

with the

manifest

exemption.

The

Illinois

EPA also

suggests

that

the word

“materials”

be

replaced

with

the more accurate

term

“used

oil mixtures”.

The

Illinois

EPA

believes

the

language

at Sections

808.121(b)(6),

809.301(b),

and 809.302(a)(2)

should

be

changed

to the

following:

The generator

is

not required

to

complete

a

manifest

for the following

used

oil mixtures,

provided

that

the

generator

complies

with

the

certification

requirements

of 35

Ill.

Adm.

Code

809.501(a)(2)

and the informational

requirements

of

35 Ill. Adm.

Code

739.146(a)

and

35

Ill.

Adm. Code

809.501(b):

8.

Sections

809.301

(b)(2)(ii) and

809.302(a)(2)(B)(ii)

The

Illinois

EPA

suggests

that

a typo be

corrected

at

Sections

809.30

l(b)(2)(ii)

and

809.302(a)(2)(B)(ii) by removing

the duplicate

word

“where”

so that

Sections

809.301(b)(2)(ii)

and 809.3

02(a)(2)(B)(ii)

read as

follows:

7

---

both

the used oil and the

characteristic

hazardous waste

have

been generated and

mixed

by

the same generator; and

Finally, the Illinois EPA has

some concerns with

the comments already submitted

to the

Board regarding the Board’s second

first

notice proposal. First,

on page one of the comments

of

NORA, it’s stated,

“the original proposal, if adopted would have

placed Illinois regulations

in

line with

the

federal

used oil management standards.” The

Illinois EPA would like to respond

that

Illinois

regulations

are currently in line with federal regulations

as the federal regulations

expressly allow states to impose

requirements

that are more stringent

than

the

federal

regulations. Second, the

comments

of Heritage-Crystal Clean, Inc., say that

the Board’s

proposed

amendments would, “allow shipping papers for used

oil, in lieu of hazardous waste

manifests.” The Illinois EPA

would like to respond

that the Board’s proposed amendments

would not

allow

the use of a shipping paper where a hazardous waste

manifest

is required

by the

regulations. The

exemption from manifesting for used

oil and certain used oil mixtures

would

be

limited

to an exemption from

non-hazardous special waste

manifests.

Third, the comments

of

Future

Environmental Inc., say

“the proposed

amendments will

hopefully help level the playing

field by more

clearly identifying

what is

and what is not considered

to be handled as “used

oil”

in Illinois and

reducing the burden on

businesses

with facilities in

Illinois. Hopefully, the

agency

will not attempt

to regulate used oil or the four categories of

manifest-exempt mixtures

under

any

additional regulation.”

This comment is of particular

concern because it

implies

a

belief

by

the

regulated

community that the Board has altered the definition

of used oil within their

proposed

language.

Therefore,

the Illinois

EPA

would

like to respond and

requests that the

Board

clarify

that

the proposed amendments do not alter the definition

of used oil found

in Part

739

or

the

regulatory status of mixtures of used oil and other special waste;

that the proposed

8

---

amendments

only

offer

a

manifest

exemption

for used

oil

and

mixtures

of used

oil

and

other

waste

that

are

managed

in

accordance with

the

proposed

amendments;

and

that

mixtures

of

used

oil

and other

special

waste

maybe

subject

to

other

special

waste

regulations

in

addition

to

the

used

oil

requirements

in

Part

739.

Respectfully

submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:

Ste

nie

Flowers

Assistant

Counsel

Division

of

Legal

Counsel

DATED:/&

O

1021 North

Grand

Avenue

East

P.O.

Box 19276

Springfield,

Illinois

62794-9276

(217)

782-5544

9

---

TITLE

35: ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I: POLLUTION

CONTROL

BOARD

SUBCHAPTER

c:

HAZARDOUS

WASTE

OPERATING

REQUIREMENTS

PART

739

STANDARDS FOR

THE MANAGEMENT

OF USED

OIL

SUBPART

A:

DEFINITIONS

Section

739.100

Definitions

SUBPART

B:

APPLICABILITY

Section

739.110

Applicability

739.111

Used

Oil Specifications

739.112

Prohibitions

739.113

Electronic

Reporting

SUBPART

C:

STANDARDS

FOR

USED

OIL GENERATORS

Section

739.120

Applicability

739.12

1

Hazardous

Waste

Mixing

739.122

Used

Oil Storage

739.123

On-Site

Burning

in

Space

Heaters

739.124

Off-Site

Shipments

SUBPART

D:

STANDARDS

FOR

USED

OIL COLLECTION

CENTERS

AND

AGGREGATION

POINTS

Section

739.130

Do-It-Yourselfer

Used

Oil Collection

Centers

739.131

Used

Oil Collection

Centers

739.132

Used

Oil

Aggregate

Points

Owned

by

the Generator

SUBPART

E:

STANDARDS FOR

USED

OIL TRANSPORTER

AND

TRANSFER

FACILITIES

Section

739.140

Applicability

739.141

Restrictions

on

Transporters

that

Are Not

Also

Processors

73

9.142

Notification

739.143

Used

Oil

Transportation

739.144

Rebuttable

Presumption

for

Used

Oil

739.145

Used

Oil

Storage

at Transfer

Facilities

739.146

Tracking

739.147

Management

of

Residues

10

---

SUBPART

F: STANDARDS

FOR

USED

OIL

PROCESSORS

Section

739.150

Applicability

739.151

Notification

739.152

General

Facility

Standards

739.153

Rebuttable

Presumption

for

Used

Oil

739.154

Used

Oil

Management

739.155

Analysis

Plan

739.156

Tracking

739.157

Operating

Record

and

Reporting

739.158

Off-Site

Shipments

of

Used

Oil

739.159

Management

of

Residues

SUBPART

G:

STANDARDS

FOR

USED

OIL

BURNERS

THAT

BURN

OFF-

SPECIFICATION

USED

OIL FOR

ENERGY

RECOVERY

Section

739.160

Applicability

739.16

1

Restriction

on

Burning

739.162

Notification

73

9.163

Rebuttable

Presumption

for

Used

Oil

73

9.164

Used

Oil Storage

739.165

Tracking

739.166

Notices

739.167

Management

of

Residues

SUBPART H: STANDARDS

FOR

USED

OIL

FUEL

MARKETERS

Section

739.170

Applicability

739.171

Prohibitions

739.172

On-Specification Used

Oil Fuel

73 9.173

Notification

739.174

Tracking

739.175

Notices

SUBPART

I: DISPOSAL

OF

USED

OIL

Section

739.180

Applicability

739.181

Disposal

73

9.182

Use

As

a

Dust

Suppressant

AUTHORITY:

Implementing

Sections

7.2

and 22.4

and

authorized

by

Section

27 of the

Environmental

Protection

Act

[415

ILCS

5/7.2,

22.4,

and

27].

SOURCE:

Adopted

in R93-4

at

17 Ill. Reg.

20954,

effective

November

22,

1993;

amended

in

R93-16

at 18

Ill.

Reg.

6931,

effective

April

26,

1994;

amended

in

R94-17

at 18

Ill. Reg.

17616,

11

---

effective November

23, 1994; amended

in R95-6

at

19 Ill. Reg.

10036,

effective

June 27,

1995;

amended in

R96-10/R97-3/R97-5

at 22

Ill.

Reg. 767, effective

December

16, 1997; amended

in

R98-21/R99-2/R99-7

at 23

IH. Reg. 2274, effective

January

19, 1999; amended

in R04-16

at 28

Ill. Reg.

10706,

effective

July 19, 2004; amended

in

R06-5/R06-6/R06-7

at

30 Ill.

Reg. 4094,

effective

February 23,

2006; amended

in

R06-16/R06-17/R06-18

at 31111. Reg. 1413,

effective

December 20, 2006;

amended

in R07-5/R07-14

at

32 Iii. Reg. 13047,

effective July

14, 2008;

amended

in R06-20

at 33 Iii. Reg.

effective

SUBPART A:

DEFINITIONS

Section

739.100

Definitions

Terms that are defined

in

35 Ill.

Adm. Code 720.110,

721.101,

and

731.112 have

the same

meanings when used

in this Part.

‘Classification’,

as

used in

this

Part, means

a short description

of the waste

generating

activity

and

designation as either

hazardous

waste with

the

appropate

hazardous

waste

code, nonhazardous

used

oil,

nonhazardous

used oil mixture,

or nonhazardous

other

special waste.

SUBPART E: STANDARDS

FOR USED

OIL TRANSPORTER

AND

TRANSFER

FACILITIES

Section

739.146

Tracking

a)

Acceptance.

A used oil

transporter

must

keep a record

of each used

oil shipment

accepted

for transport.

Records for each

shipment

must

include the

following:

1)

The name and address

of the generator,

transporter,

or processor

that

provided

the used

oil for transport;

2)

The USEPA identification

number

and

Illinois

special

waste

identification

number

(if

applicable)

of the generator,

transporter,

or processor

that

provided

the used

oil

for transport;

3)

The quantity

of

used

oil accepted;

4)

The

date

of acceptance;

and

5)

The signature.

A)

Except

as provided

in subsection

(a)(5)(B)

of this Section,

the

signature, dated

upon receipt

of the

used oil, of a

representative

of

the generator,

transporter,

or

processor

or re-refiner

that

provided

12

---

the used

oil

for

transport.

B)

An

intermediate

rail

transporter

is not required

to

sign

the

record

of

acceptance.

6)

If the transporter

has accepted

any

shipment

of

mixtures

of used

oil and

materials

identified

in

35

Ill.

Adm.

Code 808.12

1(b)(6),

the

transporter

must

also

keep

a record

including

the

following:

A)

Infonnation

stating

when

and

where

the special

waste was

generated;

B)

The

classification

and

quantity

of the

special

waste

delivered

to the

transporter;

C)

Any

special

handling

instructions

pertinent

to emergency

personnel

in

the event

of an

accident;

and

D)

A

generator’s

certification

as

follows:

“I

hereby

declare

that

the

contents

of

this

consignment

are

fully

and accurately

described

above

by the

proper

shipping

name,

and are

classified,

packaged,

marked

and

labeled/placarded,

and

are in

all respects

in

proper

condition

for transport

according

to applicable

international

and

national

governmental

regulations.

If

export

shipment

and

I am

the

Primary

Exporter,

I certify

that

the

contents

of

this

consignment

conform

to

the terms

of

the

attached

EPA

Acknowledgement

of

Consent.

I certify

that

the

waste

minimization

statement

identified

in 40

CFR

262.27(a)

(if

I am

a

large

quantity

generator)

or (b)

(if I

am

a

small

quantity

generator)

is

true.”

b)

Deliveries.

A used

oil

transporter

must

keep

a record

of each

shipment

of used

oil

that

is delivered

to

another

used

oil

transporter,

or to

a used

oil

burner,

processor,

or

disposal

facility.

Records

of

each delivery

must include

the following:

1)

The

name

and address

of

the receiving

facility

or

transporter;

2)

The USEPA

identification

number

and Illinois

special

waste

identification

number

of

the

receiving

facility

or

transporter;

3)

The

quantity

of used

oil delivered;

4)

The

date

of

delivery;

5)

The

signature.

13

---

A)

Except

as

provided

in subsection

(b)(5)(B)

of

this

Section,

the

signature,

dated

upon

receipt

of

the used

oil,

of

a representative

of

the

receiving

facility

or

transporter.

B)

An

intermediate

rail transporter

is

not

required

to

sign the

record

of

acceptance.

c)

Exports

of used

oil. A

used

oil

transporter

must

maintain

the records

described

in

subsections

(b)(l)

through

(b)(4)

of

this Section

for

each

shipment

of

used

oil

exported

to any

foreign

country.

d)

Record

retention.

The

records

described

in

subsections

(a),

(b),

and (c)

of this

Section

must

be

maintained

for at

least

three

years.

(Source:

Amended

at

33

Ill. Reg.

, effective

SUBPART

F:

STANDARDS

FOR

USED

OIL

PROCESSORS

Section

739.156

Tracking

a)

Acceptance.

A

used

oil processor

must

keep

a

record

of each

used oil

shipment

accepted

for

processing.

These

records

may

take

the form

of

a log,

invoice,

manifest,

bill

of

lading

or other

shipping

documents.

Records

for

each

shipment

must

include

the following

information:

1)

The

name

and

address

of the

transporter

that

delivered

the

used

oil

to

the

processor;

2)

The name

and address

of the

generator

or processor

from

whom

the

used

oil

was sent

for

processing;

3)

The

USEPA

identification

number

and

Illinois

special

waste

identification

number

of

the transporter

that delivered

the

used oil

to

the

processor;

4)

The USEPA

identification

number

and

Illinois

special

waste

identification

number

(if

applicable)

of the

generator

or

processor

from

whom

the

used

oil was

sent for

processing;

5)

The

quantity

of

used

oil

accepted;

and

6)

The

date

of

acceptance.

7)

If

the

transporter

has

accepted

any

shipment

of mixtures

of used

oil and

materials

identified

in 35

Ill.

Adm.

Code

808.l2l(b)(6),

the

transporter

must

also keep

a record

including

the

following:

14

---

A)

Information

stating

when

and

where

the

special

waste

was

generated;

B)

The

classification

and

quantity

of

the

special

waste

delivered

to the

transporter;

C)

Any

special

handling

instructions

pertinent

to

emergency

personnel in the

event

of

an accident;

and

D)

A

generator’s

certification

as

follows:

“I

hereby

declare

that

the

contents

of

this

consignment

are

fully

and

accurately

described

above

by

the

proper

shipping

name,

and

are classified,

packaged,

marked

and

labeled/placarded,

and

are in

all

respects

in

proper

condition for transport

according

to

applicable

international

and

national

governmental

regulations.

If export

shipment

and

I

am

the Primary

Exporter,

I

certify

that

the

contents

of this

consignment

conform

to

the terms

of

the

attached

EPA

Acknowledgement

of Consent.

I certify

that

the

waste

minimization

statement

identified

in

40

CFR

262.27(a)

(if I

am a

large

quantity

generator)

or (b)

(if

I am

a small

quantity

generator)

is

true.”

b)

Deliveries.

A

used

oil

processor

must

keep

a record

of

each

shipment

of

used

oil

that

is

delivered

to

another

used

oil burner,

processor,

or disposal

facility.

These

records

may

take

the

form

of a log,

invoice,

manifest,

bill

of

lading

or other

shipping documents.

Records

of each

delivery

must

include

the

following

information:

1)

The

name

and

address

of the

transporter

that

delivers

the

used

oil

to the

burner,

processor,

or disposal

facility;

2)

The

name

and

address

of the

burner,

processor,

or

disposal

facility

that

will

receive

the

used

oil;

3)

The

USEPA

identification

number

and

Illinois

special

waste

identification

number

of

the

transporter

that

delivers

the

used oil

to

the burner,

processor

or

disposal

facility;

4)

The

USEPA

identification

number

and

Illinois

special

waste

identification

number

of

the burner,

processor,

or

disposal

facility

that

will receive

the

used

oil;

5)

The

quantity

of

used

oil

shipped;

6)

The

date

of

shipment.

15

---

7)

If the

transporter

has

accepted

any

shipment

of

mixtures

of used

oil and

materials

identified

in

35111.

Adm.

Code

808.121(b)(6),

the

transporter

must also keep

a

record

including

the following:

A)

Information

stating when

and

where

the

special waste

was

generated;

B)

The classification

and quantity

of the

special

waste

delivered

to

the

transporter;

C)

Any special

handling

instructions

pertinent

to emergency

personnel

in

the

event

of an

accident;

and

D)

A

generator’s

certification

as

follows:

“I

hereby

declare that

the

contents of

this consignment

are fully

and accurately

described

above

by

the

proper

shipping

name,

and

are classified,

packaged,

marked and

labeled/placarded,

and are

in all respects

in

proper

condition

for transport

according

to applicable

international

and

national governmental

regulations.

If

export shipment

and

I am

the Primary

Exporter,

I certify

that

the contents

of this

consignment

conform

to the

terms

of the

attached

EPA

Acknowledgement

of Consent.

I

certify

that the

waste

minimization

statement

identified

in 40 CFR

262.27(a)

(if I am

a

large

quantity

generator)

or

(b)

(if I am a small

quantity

generator)

is

true.”

c)

Record

retention.

The records

described

in

subsections

(a) and (b)

of this

Section

must

be

maintained

for

at

least

three

years.

(Source:

Amended

at 33

Ill. Reg.

, effective

SUBPART

G: STANDARDS

FOR

USED OIL

BURNERS

THAT

BURN

OFF-

SPECIFICATION

USED

OIL

FOR

ENERGY

RECOVERY

Section 739.165

Tracking

a)

Acceptance.

A

used oil

burner must

keep

a record of

each used

oil shipment

accepted

for

burning.

These records

may take

the

form

of

a log,

invoice,

manifest,

bill

of lading,

or

other

shipping

documents.

Records

for each

shipment

must

include

the following

information:

1)

The

name

and

address

of the transporter

that

delivered

the used

oil

to

the

burner;

16

---

2)

The

name

and address

of the

generator

or processor

from

whom the

used

oil was sent

to

the

burner;

3)

The

USEPA identification

number

and Illinois

special

waste

identification

number

of the

transporter

that

delivered the

used oil

to the burner;

4)

The USEPA

identification

number

and

Illinois

special

waste

identification

number

of

the generator

or

processor

from

whom

the used

oil was sent

to

the burner;

5)

The quantity

of used

oil

accepted;

and

6)

The date

of acceptance.

7)

If

the

transporter

has

accepted

any shipment

of

mixtures

of

used

oil and

materials identified

in 35

Iii. Adm.

Code

808.12 l(b)(6),

the

transporter

must

also

keep a record

including

the

following:

A)

Information

stating

when

and where

the

special waste

was

generated;

B)

The classification

and

quantity

of the

special

waste

delivered

to

the

transporter;

C)

Any special

handling

instructions

pertinent

to

emergency

personnel

in the

event

of an

accident;

and

D)

A generator’s

certification

as

follows:

“I

hereby

declare

that

the

contents

of this

consignment

are

fully and

accurately

described

above

by

the proper

shipping

name,

and

are

classified,

packaged,

marked

and labeled/placarded,

and are in all

respects

in

proper

condition

for

transport

according

to applicable

international

and

national

governmental

regulations.

If export

shipment

and

I am

the Primary

Exporter,

I

certify

that

the

contents

of

this

consignment

conform

to

the terms

of the attached

EPA

Acknowledgement

of Consent.

I

certify that

the

waste

minimization

statement identified

in 40 CFR

262.27(a)

(if I

am a

large

quantity

generator)

or

(b)

(if I am

a small quantity

generator)

is true.”

b)

Record

retention.

The records

described

in

subsection

(a)

of this

Section

must

be

maintained

for at

least

three years.

(Source:

Amended

at 33 Ill. Reg.

,effective

SUBPART

H:

STANDARDS

FOR

USED

OIL FUEL

MARKETERS

17

---

Section

739.174

Tracking

a)

Off-specification

used

oil

delivery.

Any used

oil fuel marketer

that

directs a

shipment

of off-specification

used

oil to a

burner must

keep

a record

of each

shipment

of used oil

to

a

used

oil

burner.

These records

may

take the form

of a

log,

invoice,

manifest,

bill

of

lading

or

other

shipping

documents.

Records

for

each

shipment

must

include the

following

information:

1)

The name

and address

of

the transporter

that

delivers the

used oil

to

the

burner;

2)

The name

and address

of

the

burner

that

will

receive the

used

oil;

3)

The

USEPA

identification

number

and

Illinois

special waste

identification

number of

the

transporter

that delivers

the used

oil

to the

burner;

4)

The USEPA

identification

number

and Illinois

special waste

identification

number

of

the

burner;

5)

The quantity

of

used

oil

shipped;

and

6)

The date

of shipment.

7)

If the

transporter

has

accepted

any

shipment

of

mixtures

of

used oil and

materials

identified

in 35 Iii.

Adm. Code

808.121

(b)(6), the transporter

must

also keep

a record

including

the

following:

A)

Information

stating

when and

where

the

special

waste

was

generated;

B)

The classification

and

quantity

of the

special

waste

delivered

to the

transporter;

C)

Any special

handling

instructions

pertinent

to emergency

personnel

in the

event

of an

accident;

and

D)

A generator’s

certification

as follows:

“I

hereby

declare that

the

contents

of this

consignment

are fully

and accurately

described

above

by the

proper

shipping

name,

and are

classified,

packaged,

marked

and labeled/placarded,

and

are in

all

respects

in proper

condition

for

transport

according

to applicable

international

and

national

governmental

regulations.

If export

shipment

and I

am

the

Primary

Exporter,

I certify

that the contents

of

this

consignment

conform

to the terms

of

the

attached

EPA

Acknowledgement

of Consent.

I certify

that

the

waste

---

minimization

statement

identified

in

40

CFR

262.27(a)

(if

I am

a

large

quantity

generator)

or

(b)

(if

I

am

a

small

quantity

generator)

is true.”

b)

On-specification

used

oil

delivery.

A generator,

transporter,

processor

or re

refiner,

or

burner

that

first

claims

that

used

oil that

is

to

be burned

for

energy

recovery

meets

the

fuel

specifications

under

Section

739.111 must

keep

a

record

of each

shipment

of

used

oil to

the

facility

to which

it delivers

the

used

oil.

Records for

each

shipment

must

include

the

following

information:

1)

The

name

and

address

of

the

facility

receiving

the

shipment;

2)

The

quantity

of

used

oil

fuel

delivered;

3)

The

date

of

shipment

or

delivery;

and

4)

A

cross-reference

to

the

record

of

used

oil

analysis

or

other

information

used

to

make

the

determination

that

the

oil

meets

the

specification

as

required

under

Section

739.172(a).

c)

Record

retention.

The

records

described

in

subsections

(a)

and

(b) of

this

Section

must

be

maintained

for

at

least

three

years.

(Source: Amended

at

33 Ill.

Reg.

, effective

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

i: 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

19

---

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

SUBPART

C: CRITERIA

AND

DATA

REQUIREMENTS

Section

808.300

Introduction

808.30

1

Degree

of Hazard

Determination

by

Computer

808.3

02

Data

Base

and

Bioassay

Procedures

SUBPART

D:

REQUEST

FOR

WASTE

CLASSIFICATION

Section

808.400

Introduction

808.40

1

Application

Forms

808.402

Application

for

Waste

Classification

808.4

10

Physical

and

Chemical

Analysis

808.411

Significant

Trace

Constitients

808.4

12

Common

Names

808.413

Wastestream

Description

808.420

Quality

Assurance

Plan

808.43

0

Degree

of

Hazard Data

808.43

1

Toxicological

Testing

SUBPART

E:

REVIEW

OF

CLASSIFICATION

REQUESTS

Section

808.50

1

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

808.5

22

Final

Agency

Action

SUBPART

G:

MODIFICATION,

APPEAL

AND

ENFORCEMENT

20

---

Section

808.54

1

Request

for

Modification

808.542

Appeal

808.543

Effect

of

Classification

808.544

Enforcement

808.545

Modification

SUBPART

H:

CATEGORICAL

ANT)

CHARACTERISTIC

WASTES

Section

808.600

Introduction

808.APPENDIX

A

Assignment

Of Special

Waste

To Classes

808.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,

27].

SOURCE:

Adopted

in

R89-13A

at 14

Ill.

Reg.

14043,

effective

August

15,

1990;

amended

in

R98-29

at

23 Iii.

Reg.

6875,

effective

July

1,

1999;

amended

in R06-20

at

33 Ill.

Reg.

effective

SUBPART A:

GENERAL

PROVISIONS

Section

808.110

Definitions

“Btu’

or

‘British

thermal

unit’

means

the

quantity

of heat

required

to

raise

the

temperature

of one

pound

of

water

one

degree

Fahrenheit.”

“Wastewater’

means

waste

that contains

less

than

one

percent

by

weight

total

organic

carbon

(TOC)

and

less than

one

percent

by

weight

total

suspended

solids

(TSS).

Section

808.121

Generator

Obligations

a)

Each

person

who

generates

waste

shall

determine

whether

the

waste

is

a special

waste.

BOARD

NOTE:

35

111. 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 Ill.

Adm.

Code

809.

The

following

are

exceptions

to this

prohibition:

21

---

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. Adrn.

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)

The

generator

is not

required

to complete

a manifest

for

used

oil that

is

defined

by

and

managed

in

accordance

with

35

Ill.

Adm.

Code

739.

6)

The

generator

is not

required

to complete

a

manifest

for

the following

used

oil

mixturesmaterials,

provided

that

the

generator

complies

with

the

certification

requirements

in

35 Ill.

Adm.

Code 809.501(a)(2)

and

the

informational requirements

of

35

Ill. Adm.

Code

739.146(a)

and

35 Ill.

Adm.

Code

809.501(b):

(A)

Mixtures

of used

oil as

defined

by and

managed

in accordance

with

35 Ill.

Adm.

Code

739

and

hazardous

waste,

both

generated

and

mixed

by

conditionally

exempt

small

quantity

generator

of

hazardous

waste,

provided

that

such mixture

contains

more

than

seventy

five

percent

fifty

percent

used

oil by

either

volume

or

weight;

(B)

Mixtures

of

used

oil

as

defined

by

and

managed

in

accordance

with 35

Ill. Adm.

Code

739

and characteristic

hazardous

waste,

with a

Btu

per

pound

content

greater

thanthe

5,000

prior

to being

mixed

with the

used oil,

where:

i)

the characteristic

of hazardous

waste

has

been

extinanished

in the

resultant

mixturethe

charactcristic

of the hazardous

waste

has

been

extinished;

ii)

both

the used

oil and

the

characteristic

hazardous

waste

have

been generated

and

mixed

by

the

same

generator;

and

iii)

the

mixture

contains

more

than

seventy

five percent

41-fty

percent

used

oil

by either

volume

or

weight.

C)

Mixtures

of used

oil as

defined

by

and

managed

in

accordance

with

35

Ill. Adm.

Code

739

and fuel

or

other

fuel

products;

and

22

---

D)

Used

oil

as

defined

by and

managed

in accordance

with

35

Iii.

Adm.

Code

739

contaminated

by or

mixed

with

nonhazardous

wastewater,

where

the

used

oil

and

the

nonhazardous

wastewater

are

generated

by

the

same

generator,

and

where

the

mixture

results

from

use

or unintentional

contamination.

c)

No

person

shall

cause,

threaten

or

allow

the

treatment,

storage

or

disposal

of

special

waste

in

Illinois

except.

1)

At

afacility

permitted

or

otherwise

authorized

to

manage

the

special

waste

pursuant

to 35111.

Adm.

Code

703

or

807

[415

ILCS

5/21(d)

and

(e)]

;

or

2)

At

a facility owned

and

operated

by

such

person

and

subject

to

the

oil-site

disposal

exemption

ofSection

21(d)

of

the

Act

[415

ILCS

5/21(d)]

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

33

Ill.

Reg.

effective

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

i: SOLID

WASTE ANT)

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

---

809.20

1

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

Northazardous

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

809.2

10

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

809.3

02

Requirements

for Acceptance

of Nonhazardous

Special or Hazardous

Waste

from

Transporters

SUBPART D: PERMIT

AVAILABILITY

AND

SYMBOLS

Section

809.40

1

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

809.70 1

General

Provision

SUBPART

H:

EFFECTIVE

DATES

24

---

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)

SUBPART J:

UNIFORM

PROGRAM

Section

809.9

10

Uniform State

Hazardous Waste

Transportation

Registration

and Permit

Program

809.911

Application

for a Uniform Permit

809.912

Application

for

Uniform

Registration

809.9 13

Payment

of Processing and

Audit

Fees

809.9

14

Payment

of Apportioned

Mile Fees

809.915

Submittal of

Fees

809.9

16

Previously

Permitted Transporters

809.9

17

Uniform Registration

and Uniform

Permit Conditions

809.9 18

Uniform Registration

and

Uniform Permit

Revision

809.9

19

Transfer

of

Uniform

Registration

and Uniform

Permits

809.920

Audits and Uniform

Registration and

Uniform Permit

Revocation

809.921

Permit

No

Defense

809.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] (seeP.A.

90-219).

SOURCE:

Adopted in R76-l0,

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

inR8l-9, 53 PCB

269,

at 7111.

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 14 111.

Reg.

14076,

effective

August 15,

1990; amended

in

R91-18

at 16 Iii.

Reg. 130, effective

January

1, 1992;

amended

in R95-1

1 at

20 Ill. Reg.

5635,

effective March

27, 1996; amended

in R98-29 at 23

Ill. Reg. 6842, effective

July

1, 1999;

25

---

amended

in

R00-18

at

24 Ill.

Reg.

14747,

effective

September

25,

2000;

amended

in

R06-20

at

33

Ill.

Reg.

effective

SUBPART

A:

GENERAL

PROVISIONS

Section

809.103

Definitions

“‘Btu’

or

‘British

thermal unit’

means

the

quantity

of

heat

required

to

raise

the

temperature

of

one

pound

of

water

one

degree

Fahrenheit.”

“Wastewater’

means

waste

that

contains

less

than

one

prcent

by

weight

total

organic

carbon

(TOC)

and

less

than

one

percent

by

weight

total

suspended

solids

(TSS).

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

arid

Permit

issued

by

the

Agency

under

Subpart

B or

C

of

this

Part.

The

following

are

exceptions

to

this

requirement:

a)

The

generator

or

transporter

is

not

required

to complete

a manifest

for used

oil

that

is defined

by

and

managed

in accordance

with

35

Iii. Adm.

Code

739.

b)

The

generator

or transporter

is

not

required

to

complete

a manifest

for

the

following

used

oil

mixturesmaterials,

provided

that

the

generator

complies

with

the

certification

requirements

in

35

Ill.

Adm.

Code

809.50

l(a)(2)

and

the

informational

requirements

of

35

Ill. Adm.

Code

739.146(a)

and

35

Ill.

Adm.

Code

809.501(b):

1)

Mixtures

of

used

oil as

defined

by

and

managed

in

accordance

with

35

Ill.

Adm.

Code

739

and

hazardous

waste,

both

generated

and

mixed

by

conditionally exempt

small

quantity

generator

of hazardous

waste,

provided

that

such

mixture

contains

more

than

seventy

five

percent

fifty

percent

used

oil

by

either

volume

or

weight;

2)

Mixtures

of

used

oil

as

defined

by

and

managed

in accordance

with

35

Ill.

Adm.

Code

739

and

characteristic

hazardous

waste,

with

a Btu

per

pound

content

greater

thanthe

5,000

prior

to

being

mixed

with

the

used

oil,

26

---

where:

i)

the

characteristic

of

hazardous

waste

has

been

extinguished

in

the

resultant

mixturethe

characteristic

of

the

hazardous

waste

has

been

extinguished;

ii)

where

both

the used

oil

and

the characteristic

hazardous

waste

have

been

generated

and mixed

by

the

same

generator;

and

iii)

where

the

mixture

contains

more

than

seventy

five

percent

fl-fly

percent

used

oil

by

either

volume

or

weight.

3)

Mixtures

of

used

oil

as

defined

by and

managed

in

accordance

with

35

Ill.

Adm.

Code

739

and

fuel

or

other

fuel

products;

and

4)

Used

oil as

defined

by

and

managed

in accordance

with

35 Ill.

Adm.

Code

739

contaminated

by

or

mixed

with

nonhazardous

wastewater,

where

the

used

oil and

the

nonhazardous

wastewater

are

generated

by

the

same

generator,

and

where

the

mixture

results

from

use

or

unintentional

contamination.

(Source:

Amended

at

33 Iii.

Reg.

effective

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.

The

following

are

exceptions

to this

requirement:

1)

The generator

or

transporter

is

not

required

to

complete

a

manifest

for

used

oil that

is

defined

by

and managed

in accordance

with

35

Ill.

Adm.

Code

739.

2)

The

generator

or transporter

is

not required

to

complete

a

manifest

for

the

following

used

oil

mixturesmaterials,

provided

that

the

generator

or

transporter

complies

with

the

certification

requirements

in

35 Ill.

Adm.

Code

809.501(a)(2)

and

the

informational

requirements

of

35 Ill.

Adm.

Code

739.146(a)

and 35

Ill.

Adm.

Code

809.501(b):

A)

Mixtures

of

used

oil

as defined

by

and managed

in

accordance

27

---

with

35

IU.

Adm.

Code

739

and hazardous

waste,

both

generated

and

mixed

by

conditionally

exempt

small

quantity

generator

of

hazardous

waste,

provided

that

such

mixture

contains

more

than

seventy

five

percent

fifty

percent

used

oil

by

either

volume

or

weight;

B)

Mixtures of used

oil

as

defined

by

and managed

in accordance

with

35

Ill.

Adm.

Code

739

and characteristic

hazardous

waste,

with

a

Btu per

pound

content

greater

thanthen

5,000

prior

to being

mixed

with

the

used

oil,

where:

i)

the

characteristic

of

hazardous

waste

has

been

extinuuished

in the

resultant

mixturethe

characteristic

of

the

hazardous

waste

has

been

extinguished;

ii)

whefe-both

the

used

oil and

the

characteristic

hazardous

waste

have

been

generated

and mixed

by

the

same

generator;

and

iii)

where

the

mixture

contains

more

than

seventy

five

percent

fifty

percent

used

oil

by

either

volume

or

weight;

C)

Mixtures

of

used

oil

as

defined

by

and

managed

in

accordance

with

35 Ill.

Adm.

Code

739

and

fuel

or other

fuel products;

and

D)

Used

oil

as

defined

by

and

managed

in accordance

with

35

Ill.

Adm.

Code

739

contaminated

by

or mixed

with

nonhazardous

wastewater,

where

the used

oil and

the nonhazardous

wastewater

are

generated

by the

same

generator,

and

where

the

mixture

results

from

use

or

unintentional

contamination.

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

Ill.

Adm.

Code

807,

as

well

as

all other

applicable

permits

as

required

by the

Act

and

Board

regulations.

(Source:

Amended

at 33

Ill.

Reg.

effective

SUBPART

E:

MANIFESTS,

RECORDS

AND

REPORTING

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

28

---

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.

The

following

are

exceptions

to

this

requirement:

1)

The

generator

or

transporter

is

not

required

to

complete

a

manifest

for

used

oil

that

is

defined

by

and

managed

in

accordance

with

35

Iii.

Adm.

Code

739.

2)

A

used

oil

mixture

must

be

transported

under

manifest

unless

the

generator first

certifies

in

a

signed,

dated,

written

statement that

the

used

oil

mixture

is

an

exempt

mixture

listed

in

35

Ill.

Adrn.

Code

808J21(b)(6).

The

certification

must

comply

with

the

folloviig:

A)

All

information

used

to

determine

that

the

used

oil

mixture

is

not

subject

to

manifest

shall

be

attached

to

the

certification.

The

information

shall

include

but

not

be

limited

to:

i)

the

means

by

which

the

generator

has

determined

that

the

used

oil

mixture

is

subject

to

regulation

under

35

Ill.

Adm.

Code

739;

ii)

the

means

by

which

the

generator

has

determined

the

percentage

of

used

oil

in

the

mixture

and

the

Btu

value;

iii)

if

the

used

oil

mixture

undergoes

testing,

the

analytic

results

obtained

from

testing,

signed

and

dated

by

the

person

responsible

for

completing

the

analysis;

iv)

if

the

used

oil

mixture

does

not

undergo

testinu.

an

explanation

as

to

why

no

testing

is

needed;

v)

a

description

of

the

process

generating

the

used

oil

mixture;

and,

vi)

relevant

Material

Data

Safety

Sheets.

B)

Certification

made

pursuant to

this

Section

shall

be

effective

from

the

date

sianed until

there

is

a

change

in the

generator,

in

the

wastes

or

materials

used

in

the

mixture,

or

in

the

process

generating

the

used

oil

mixture.

C)

Certification

made

pursuant

to

this

Section.

with

the

requisite

attachments,

shall

be

maintained

by

the

certifyinu

generator

while

effective

and

for

at

least

3

years

following

a

change

in

the

uenerator.

a

change

in the

wastes

or

materials

used

in

the

mixture.

29

---

C

C

C

C

C

C

C

C

C

C!

3-.:

C

C

>

3-.

)

C

C

C

—C

3-.

3-.

L

(

r

Cr

C

C

C

C

C

C

C

C

5-.

-C

3-.

+

3-.

3-.

÷

C-.

C

3

-C

L.

-3

3

)

S

+

3-.

CD

52)

C)

1

CD

C/)

Cl)

-C

C-)

3-.

C-.

L.

2

)

2

1.

C

C

C

S

C

C

C

C

(

3-.’.

C

C

C-)

1.

C-.

I-!:

C--.

C

J

Cr

C

C

C

I

C--.

C

C

C

Cf

•

I

2

C

S

C

C

C-.

C-.

-t

C

3

C

-C-

CE

C

C

I

.

C

3C

—‘C

>

3-.

-3

I-)

D

-C

C

Cl

L

C-

-C

C-.

C-.

C-.

.3

a

‘.

C

Cf

C

C

I.

+

C

1

CD

Cl)

C

C

z

C

IC!

52.)

C/)

CD

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Cl

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CD.

tj><

52)

—t

g

CDCD

••

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.

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p

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::

:y-.

C/C

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C

L

CD

C

C’

C-1

)

)

)

CD

C

CD

—C

CD

CD

IC!

CD

‘-C-

CD

C

C-C

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52)

-J

52)

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52)

CD

Cl)

CD

Cl)

CD

0

B

C--C

CD

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CD

C)

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CC

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52)

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52)

C)

CC

J

C

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C

52)

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52)

C!

CD

0

---

are

generated

by

the

same

generator,

and

where

the

mixture

results

from

use

or unintentional

contamination.

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:

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

stat&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

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.

g)

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.

BOARD

NOTE:

The

manifest

requirements

of 35

Ill. 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;

32

---

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;

5)

A description and

the

total

quantity

of

each

nonhazardous

special

waste

shipped

out

of

state,

listed

by

JEPA

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.

j)

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.

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

TEPA

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

JEPA

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