Section 720.123  Petitions for Regulation as Universal Waste

a)         Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of 35 Ill. Adm. Code 733 may petition for a regulatory amendment under this Section, Section 720.120, and Subpart G of 35 Ill. Adm. Code 733.

b)         Petition and Demonstration.

1)         To be successful, the petitioner must demonstrate each of the following:

A)        That regulation under the universal waste regulations of 35 Ill. Adm. Code 733 is appropriate for the waste or category of waste;

B)        That regulation under 35 Ill. Adm. Code 733 will improve management practices for the waste or category of waste; and

C)        That regulation under 35 Ill. Adm. Code 733 will improve implementation of the hazardous waste program.

2)         The petition must include the information required by Section 720.120(b).  The petition should also address as many of the factors listed in 35 Ill. Adm. Code 733.181 as are appropriate for the waste or category of waste addressed in the petition.

c)         The Board will grant or deny a petition using the factors listed in 35 Ill. Adm. Code 733.181.  The decision will be based on the weight of evidence that shows the following with regard to regulation under 35 Ill. Adm. Code 733:

1)         That it is appropriate for the waste or category of waste,

2)         That it will improve management practices for the waste or category of waste, and

3)         That it will improve implementation of the hazardous waste program.

d)         The Board may request additional information to that set forth in 35 Ill. Adm. Code 733.181, as needed to evaluate the merits of the petition.

(Source:  Amended at 27 Ill. Reg. 12713, effective July 17, 2003)