The Illinois Pollution Control Board (IPCB) has proposed amendments to the current Illinois hazardous waste rules on July 26, 2018 that are identical-in-substance to the RCRA Subtitle C amendments adopted by the United States Environmental Protection Agency (USEPA) in the first half of 2018. The state rules that will be amended to incorporate these USEPA rules are detailed under 35 Illinois Administrative Code (35 IAC) Parts 720 through 725.

The following two USEPA rules will be adopted to amend the State of Illinois hazardous waste rules in addition to other minor changes. A brief summary of these rulemakings and details on how they will be incorporated into the Illinois hazardous waste rules are provided below.

  • Hazardous Waste Manifest Revisions and e-Manifest System User Fees - January 3, 2018 (83 FR 420)
    • USEPA revised the requirements for the hazardous waste manifests.
    • A user fee system for the e-Manifest System was established. This has details on the following:
      • How the USEPA determines the fee and revises them;
      • How the fees are to be paid;
      • Provide sanctions for delinquencies; and
      • Procedures for dispute resolutions.
    • IPCB plans to adopt a majority of this rulemaking by incorporating these requirements into Illinois rules 35 IAC 720 and 722-725.
    • IPCB has specifically requested public input and comments on 18 topics of interest (see pages 13 and 14 of proposed amendments) in regards to incorporating provisions from this rule into the Illinois hazardous waste rules.
  • Definition of Solid Waste Rule (DSWR) Revisions - May 30, 2018 (83 FR 24664)
    • The Definition of Solids Waste Rule (DSWR) was revised to reflect court vacaturs in American Petroleum Institute v USEPA.
    • This rulemaking removed the 2015 revisions to the DSWR.
    • IPCB will incorporate these changes into Illinois rules 35 IAC 720 and 721.
    • IPCB has specifically requested public input and comments on 14 topics of interest (see pages 24 and 25 of the proposed amendments) in regards to incorporating provisions from this rule into the Illinois hazardous waste rules.

The proposed rules have been published in the Illinois Register on August 17, 2018 and are currently under a 45-day public comment period until October 1, 2018. Comments can be submitted to the IPCB.