Illinois Administrative Code

Section 738.104 Case-by-Case Extensions of an Effective Date The owner or operator of a Class I hazardous waste injection well may submit an application to USEPA for an extension of the effective date of any applicable prohibition established under Subpart B pursuant to 40 CFR 26…

Section 738.105 Waste Analysis The generator of hazardous waste that is disposed of into a Class I injection well must comply with the applicable requirements of 35 Ill. Adm. Code 728.107(a) and (b). The owner or operator of a Class I hazardous waste injection well must comply wi…

Section 738.106 Electronic Reporting The filing of any document pursuant to any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104. BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and 271.12(h) (2005), as amended…

Section 738.110 Waste-Specific Prohibitions: Solvent Wastes a) The spent solvent wastes specified in 35 Ill. Adm. Code 721.131 by the following USEPA hazardous waste numbers are prohibited from underground injection: F001, F002, F003, F004, and F005. b) The requirements of subsec…

Section 738.111 Waste-Specific Prohibitions: Dioxin-Containing Wastes a) The dioxin-containing wastes specified in 35 Ill. Adm. Code 721.131 by the following USEPA hazardous waste numbers are prohibited from underground injection: F020, F021, F022, F023, F026, F027, and F028. b) …

Section 738.112 Waste-Specific Prohibitions: California List Wastes a) The hazardous wastes listed in 35 Ill. Adm. Code 728.132 containing polychlorinated biphenyls at concentrations greater than or equal to 50 ppm or halogenated organic compounds at concentrations greater than o…

Section 738.114 Waste-Specific Prohibitions: First Third Wastes a) Prohibitions 1) The wastes specified in 35 Ill. Adm. Code 721.131 by the following USEPA hazardous waste numbers are prohibited from underground injection: F006 (wastewaters and nonwastewaters), F008, F009, F019. …

Section 738.115 Waste-Specific Prohibitions: Second Third Wastes a) Prohibitions 1) The wastes specified in 35 Ill. Adm. Code 721.131 by the following USEPA hazardous waste numbers are prohibited from underground injection: F010 and F024. 2) The wastes specified in 35 Ill. Adm. C…

Section 738.116 Waste-Specific Prohibitions: Third Third Wastes a) Prohibitions 1) The wastes specified in 35 Ill. Adm. Code 721.131 by the following USEPA hazardous waste numbers are prohibited from underground injection: F025 and F039 (nonwastewaters). 2) The wastes specified i…

Section 738.117 Waste-Specific Prohibitions: Newly-Listed Wastes a) The wastes specified in Subpart D of 35 Ill. Adm. Code 721 by the following USEPA hazardous waste numbers are prohibited from underground injection: F037, F038, K107, K108, K109, K110, K111, K112, K117, K118, K12…

Section 738.118 Waste-Specific Prohibitions: Newly-Listed and Identified Wastes a) All newly identified D004 through D011 wastes and characteristic mineral processing wastes, except those identified in subsection (b), are prohibited from underground injection. b) Characteristic h…

Section 738.120 Petitions to Allow Injection of a Prohibited Waste a) Any person seeking an exemption from a prohibition under Subpart B for the injection of a restricted hazardous waste into an injection well or wells must submit a petition for an adjusted standard to the Board,…

Section 738.121 Required Information to Support Petitions a) Information submitted in support of a Section 738.120 petition must meet the following requirements: 1) All data from waste analyses and any new testing performed by the petitioner must be approved by the Board and must…

Section 738.122 Submission, Review, and Approval or Denial of Petitions a) Any petition submitted to the Board, pursuant to Section 738.120(a), must include the following: 1) An identification of the specific waste or wastes and the specific injection well or wells for which the …

Section 738.123 Review of Adjusted Standards a) Agency Review 1) When considering whether to reissue a permit for the operation of a Class I hazardous waste injection well, the Agency must review any adjusted standard granted by the Board pursuant to this Subpart C. 2) If the Age…

Section 738.124 Termination of Approved Petition a) Termination Through an Enforcement Action 1) An enforcement action against an owner or operator having an adjusted standard and limitation on Agency petitions for reconsideration of an adjusted standard: A) Any person may file a…

Section 739.100 Definitions Terms that are defined in 35 Ill. Adm. Code 720.110, 721.101, and 731.112 have the same meanings when used in this Part. "Aboveground tank" means a tank used to store or process used oil that is not an underground storage tank, as defined in 35 Ill. Ad…

Section 739.110 Applicability This Section identifies those materials that are subject to regulation as used oil under this Part. This Section also identifies some materials that are not subject to regulation as used oil under this Part, and indicates whether these materials may …

Section 739.111 Used Oil Specifications Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this Part unless it is shown not to exceed any of the allowable levels of the constituents …

Section 739.112 Prohibitions a) Surface impoundment prohibition. Used oil must not be managed in surface impoundments or waste piles, unless the units are subject to regulation under 35 Ill. Adm. Code 724 or 725. b) Use as a dust suppressant. The use of used oil as a dust suppres…

Section 739.113 Electronic Reporting The filing of any document pursuant to any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104. BOARD NOTE: Derived from 40 CFR 3, as added, and 40 CFR 271.10(b), 271.11(b), and 271.12(h) (2005), as amended…

Section 739.120 Applicability a) General. This Subpart C applies to all generators of used oil, except the following: 1) Household "Do-It-Yourselfer" Used Oil Generators. Household "do-it-yourselfer" used oil generators are not subject to regulation under this Part. 2) Vessels. V…

Section 739.121 Hazardous Waste Mixing a) Mixtures of used oil and hazardous waste must be managed in accordance with Section 739.110(b). b) The rebuttable presumption for used oil of Section 739.110(b)(1)(B) applies to used oil managed by generators. Under the rebuttable presump…

Section 739.122 Used Oil Storage A used oil generator is subject to all applicable federal Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart C. A used oil generator is also subject to the Underground Storage Tank (35 Ill. A…

Section 739.123 On-Site Burning in Space Heaters A generator may burn used oil in used oil-fired space heaters provided that the following conditions are fulfilled: a) The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yo…

Section 739.124 Off-Site Shipments Except as provided in subsections (a) through (c), a generator must ensure that its used oil is transported only by transporters that have obtained a USEPA identification number and an Illinois special waste identification number pursuant to 35 …

Section 739.130 Do-It-Yourselfer Used Oil Collection Centers a) Applicability. This Section applies to owners or operators of all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil collection center is any site or facility that accepts or aggregates and stores use…

Section 739.131 Used Oil Collection Centers a) Applicability. This Section applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts, aggregates or stores used oil collected from used oil generators regulated …

Section 739.132 Used Oil Aggregate Points Owned by the Generator a) Applicability. This Section applies to owners or operators of all used oil aggregation points. A used oil aggregation point is any site or facility that accepts, aggregates, or stores used oil collected only from…

Section 739.140 Applicability a) General. Except as provided in subsections (a)(1) through (a)(4), this Subpart E applies to all used oil transporters. A used oil transporter is a person that transports used oil, a person that collects used oil from more than one generator and tr…

Section 739.141 Restrictions on Transporters that Are Not Also Processors a) A used oil transporter may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in subsection (b), a used oil transporter may not process used oil unless…

Section 739.142 Notification a) Identification Numbers. A used oil transporter that has not previously complied with the notification requirements of RCRA section 3010 must comply with these requirements and obtain a USEPA identification number pursuant to RCRA section 3010 and a…

Section 739.143 Used Oil Transportation a) Deliveries. A used oil transporter must deliver all used oil received to one of the following: 1) Another used oil transporter, provided that the transporter has obtained a USEPA identification number and an Illinois special waste identi…

Section 739.144 Rebuttable Presumption for Used Oil a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(B), the used oil transporter must determine whether the total halogen content of used oil being transported or stored …

Section 739.145 Used Oil Storage at Transfer Facilities A used oil transporter is subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart E. A used oil transporter is also subject to the Underground Stor…

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…

Section 739.147 Management of Residues Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in Section 739.110(e). (Source: Amended at 28 Ill. Reg. 10706, effective July 19, 2004) SUBPART F: STANDARDS FOR USED OIL PROC…

Section 739.150 Applicability a) The requirements of this Subpart F apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oil…

Section 739.151 Notification a) Identification Numbers. A used oil processor or re-refiner that has not previously complied with the notification requirements of RCRA section 3010 must obtain a USEPA identification number pursuant to RCRA section 3010 and an Illinois special wast…

Section 739.152 General Facility Standards a) Preparedness and Prevention. An owner or operator of a used oil processing or re-refining facility must comply with the following requirements: 1) Maintenance and Operation of a Facility. All facilities must be maintained and operated…

Section 739.153 Rebuttable Presumption for Used Oil a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of Section 739.110(b)(1)(ii), the owner or operator of a used oil processing facility must determine whether the total halogen content of used …

Section 739.154 Used Oil Management A used oil processor is subject to all applicable Spill Prevention, Control and Countermeasures (40 CFR 112) in addition to the requirements of this Subpart F. A used oil processor or re-refiner is also subject to the Underground Storage Tank (…

Section 739.155 Analysis Plan An owner or operator of a used oil processing or re-refining facility must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of Section 739.153 and, if applicable, Section …

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 f…

Section 739.157 Operating Record and Reporting a) Operating record. 1) The owner or operator must keep a written operating record at the facility. 2) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the f…

Section 739.158 Off-Site Shipments of Used Oil A used oil processor that initiates a shipment of used oil off-site must ship the used oil using a used oil transporter that has obtained a USEPA identification number and Illinois special waste identification number and Illinois spe…

Section 739.159 Management of Residues An owner or operator that generates residues from the storage, processing, or re-refining of used oil must manage the residues as specified in Section 739.110(e). (Source: Amended at 32 Ill. Reg. 13047, effective July 14, 2008) SUBPART G: ST…