Current through Register Vol. 48, No. 38, September 20, 2024
a) Except as
provided in subsection (d), any person seeking to add a hazardous waste or a
category of hazardous waste to this Part may petition for a regulatory
amendment as follows:
1) If USEPA has already
added the waste or category of waste to federal 40 CFR 273: by
identical-in-substance rulemaking, under Sections 7.2 and 22.4(a) of the Act,
35 Ill. Adm. Code 101 and 102, and 35 Ill. Adm. Code
720.120;
or
2) If USEPA has not added the
waste or category of waste to federal 40 CFR 273: by general rulemaking, under
Sections 22.4(b) and 27 of the Act, 35 Ill. Adm. Code 101 and 102, this Subpart
G, and 35 Ill. Adm. Code
720.120 and
720.123.
BOARD NOTE: The Board cannot add a hazardous waste or
category of hazardous waste to this Part by general rulemaking until USEPA
either authorizes the Illinois universal waste regulations or otherwise
authorizes the Board to add new categories of universal waste. The Board may,
however, add a waste or category of waste by identical-in-substance
rulemaking.
b)
Petitions for Identical-In-Substance Rulemaking
1) Any petition for identical-in-substance
rulemaking under subsection (a)(1) must include a copy of the Federal Register
notices of adopted amendments in which USEPA promulgated the additions to
federal 40 CFR 273. The Board will evaluate any petition for
identical-in-substance rulemaking based on the Federal Register
notices.
2) If the petitioner
desires expedited Board consideration of the proposed amendments to this Part
(i.e., adoption within one year of the date of the Federal Register notice), it
must explicitly request expedited consideration and set forth the arguments in
favor of such consideration.
c) Petitions for General Rulemaking
1) To be successful using the general
rulemaking procedure under subsection (a)(2), the petitioner must demonstrate
to the satisfaction of the Board that each of the following would be true of
regulation under the universal waste regulations of this Part:
A) It would be appropriate for the waste or
category of waste;
B) It would
improve management practices for the waste or category of waste; and
C) It would improve implementation of the
hazardous waste program.
2) The petition must include the information
required by 35 Ill. Adm. Code
720.120(b).
The petition should also address as many of the factors listed in Section
733.181
as are appropriate for the waste or waste category addressed in the
petition.
3) The Board will
evaluate petitions for general rulemaking and grant or deny the requested
relief using the factors listed in Section 733.181. The decision will be based
on the weight of evidence showing that regulation under this Part would fulfill
the requirements of subsection (c)(1).
d) Hazardous waste pharmaceuticals are
regulated by Subpart P of 35 Ill. Adm. Code 726, and USEPA's rules prohibit
adding them as a category of hazardous waste for management under this
Part.
