Section 733.180  General

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.

(Source:  Amended at 44 Ill. Reg. 15520, effective September 3, 2020)