IL Register Vol. 43 Issue 9. Issue 9 - March 1, 2019 - Pages 2,613-3,053

LibraryIllinois Register
Enactment Date01 January 2019

Volume 43, Issue 9

March 1, 2019

Pages 2,613 - 3,053

Index Department
Administrative Code Division
111 E. Monroe St.
Springfield, IL 62756
217-782-7017

TABLE OF CONTENTS
March 1, 2019 Volume 43, Issue 9

PROPOSED RULES

POLLUTION CONTROL BOARD

RCRA Permit Program 35 Ill. Adm. Code 703............................................................................2613

Hazardous Waste Management System: General 35 Ill. Adm. Code 720............................................................................2654

Identification and Listing of Hazardous Waste 35 Ill. Adm. Code 721............................................................................2722

Standards Applicable to Generators of Hazardous Waste 35 Ill. Adm. Code 722............................................................................2795

Standards Applicable to Transporters of Hazardous Waste 35 Ill. Adm. Code 723............................................................................2837

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities 35 Ill. Adm. Code 724............................................................................2843

Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities 35 Ill. Adm. Code 725............................................................................2895

Standards for Owners and Operators of Hazardous Waste Facilities Operating under a RCRA Standardized Permit 35 Ill. Adm. Code 727............................................................................2924

Standards for Universal Waste Management 35 Ill. Adm. Code 733............................................................................2945

Standards for the Management of Used Oil 35 Ill. Adm. Code 739............................................................................2953

General Provisions 35 Ill. Adm. Code 1420..........................................................................2966

Activity Standards 35 Ill. Adm. Code 1421..........................................................................2983

Design and Operation of Facilities 35 Ill. Adm. Code 1422..........................................................................2994

ADOPTED RULES

POLLUTION CONTROL BOARD

Air Quality Standards 35 Ill. Adm. Code 243............................................................................3034

INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking activity initiated by State governmental agencies. The table of contents is arranged categorically by rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies' rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2019

Issue#

Rules Due Date

Date of Issue

1

December 26, 2018

January 4, 2019

2

December 31, 2018

January 11, 2019

3

January 7, 2019

January 18, 2019

4

January 14, 2019

January 25, 2019

5

January 22, 2019

February 1, 2019

6

January 28, 2019

February 8, 2019

7

February 4, 2019

February 15, 2019

8

February 11, 2019

February 22, 2019

9

February 19, 2019

March 1, 2019

10

February 25, 2019

March 8, 2019

11

March 4, 2019

March 15, 2019

12

March 11, 2019

March 22, 2019

13

March 18, 2019

March 29, 2019

14

March 25, 2019

April 5, 2019

15

April 1, 2019

April 12, 2019

16

April 8, 2019

April 19, 2019

17

April 15, 2019

April 26, 2019

18

April 22, 2019

May 3, 2019

19

April 29, 2019

May 10, 2019

20

May 6, 2019

May 17, 2019

21

May 13, 2019

May 24, 2019

22

May 20, 2019

May 31, 2019

23

May 28, 2019

June 7, 2019

24

June 3, 2019

June 14, 2019

25

June 10, 2019

June 21, 2019

26

June 17, 2019

June 28, 2019

27

June 24, 2019

July 5, 2019

28

July 1, 2019

July 12, 2019

29

July 8, 2019

July 19, 2019

30

July 15, 2019

July 26, 2019

31

July 22, 2019

August 2, 2019

32

July 29, 2019

August 9, 2019

33

August 5, 2019

August 16, 2019

34

August 12, 2019

August 23, 2019

35

August 19, 2019

August 30, 2019

36

August 26, 2019

September 6, 2019

37

September 3, 2019

September 13, 2019

38

September 9, 2019

September 20, 2019

39

September 16, 2019

September 27, 2019

40

September 23, 2019

October 4, 2019

41

September 30, 2019

October 11, 2019

42

October 7, 2019

October 18, 2019

43

October 15, 2019

October 25, 2019

44

October 21, 2019

November 1, 2019

45

October 28, 2019

November 8, 2019

46

November 4, 2019

November 15, 2019

47

November 12, 2019

November 22, 2019

48

November 18, 2019

December 2, 2019

49

November 25, 2019

December 6, 2019

50

December 2, 2019

December 13, 2019

51

December 9, 2019

December 20, 2019

52

December 16, 2019

December 27, 2019

POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS

1) Heading of the Part: RCRA Permit Program

2) Code Citation: 35 Ill. Adm. Code 703

3)

Section Numbers:

Proposed Actions:

703.183

Amendment

703.352

Amendment

703.Appendix A

Amendment

4) Statutory Authority: 415 ILCS 5/7.2, 22.4, and 27

5) A Complete Description of the Subjects and Issues Involved: The amendments to Part 703 are a single segment of the docket R19-11 rulemaking that also affects 35 Ill. Adm. Code 720 through 725, 727, 733, and 739. The R19-11 rulemaking updates the Illinois hazardous waste rules to incorporate amendments adopted by the United States Environmental Protection Agency (USEPA) during the second half of 2018: July 1, 2018 through December 31, 2018. A comprehensive description is contained in the Board's opinion and order of February 14, 2019, proposing amendments in docket R19-11, which opinion and order is available from the address below.

R19-11 further includes limited corrections and conforming revisions that the Board finds necessary to previously adopted rules. The Board includes non-substantive stylistic revisions to provisions opened for amendments ̶ many of anticipate changes ordinarily requested by the Joint Committee on Administrative Rules (JCAR).

The following briefly summarizes the federal action in the update periods:

Conditional Exclusion of Airbag Waste from Regulation as Hazardous Waste derived from USEPA actions. Persons interested in the details of those deviations from the literal text should refer to the Identical-in-Substance Rulemaking Addendum (Proposed) in docket R19-11.

Sections 22.4 of the Environmental Protection Act [415 ILCS 5/22.4] provides that Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is not subject to First Notice or to Second Notice review by the Joint Committee on Administrative Rules (JCAR).

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Does this rulemaking replace an emergency rule currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No

10) Are there any other rulemakings pending on this Part? No

11) Statement of Statewide Policy Objective: These proposed amendments do not create or enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act [30 ILCS 805].

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: The Board will accept written public comment on this proposal for a period of 45 days after the date of this publication. Comments should reference docket R19-11 and be addressed to:

Don A. Brown, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 W. Randolph St.
Chicago IL 60601

Please direct inquiries to the following person and reference docket R19-11:

Michael J. McCambridge
Staff Attorney
Illinois Pollution Control Board
100 W. Randolph, 11-500
Chicago IL 60601

312/814-6924
e-mail: michael.mccambridge@illinois.gov

Request copies of the Board's opinion and order at 312/814-3620, or download a copy from the Board's website at pcb.illinois.gov

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities, and not-for-profit corporations affected: This rulemaking may affect those small businesses, small municipalities, and not-for-profit corporations disposing of industrial wastewaters into the sewage collection system of a publicly owned treatment works. These proposed amendments do not create or enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act [30 ILCS 805].

B) Reporting, bookkeeping or other procedures required for...

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