Ill. Admin. Code tit. 35, § 733.152 - Waste Management
a) A
universal waste transporter must comply with all applicable USDOT regulations
in 49 CFR 171 (General Information, Regulations, and Definitions), 172
(Hazardous Materials Table, Special Provisions, Hazardous Materials
Communications, Emergency Response Information, and Training Requirements), 173
(Shippers - General Requirements for Shipments and Packages), 174 (Carriage by
Rail), 175 (Carriage by Aircraft), 176 (Carriage by Vessel), 177 (Carriage by
Public Highway), 178 (Specifications for Packagings), 179 (Specifications for
Tank Cars), and 180 (Continuing Qualification and Maintenance of Packagings),
incorporated by reference in 35 Ill. Adm. Code
720.111(b)
for transport of any universal waste that meets the definition of hazardous
material in
49 CFR
171.8 (Definitions and Abbreviations),
incorporated by reference in Section
720.111(b).
For purposes of the USDOT regulations, a material is considered a hazardous
waste if it is subject to the Hazardous Waste Manifest Requirements of 35 Ill.
Adm. Code 722. Because universal waste does not require a hazardous waste
manifest, it is not considered hazardous waste under the USDOT
regulations.
b) Some universal
waste materials are regulated by the USDOT as hazardous materials because they
meet the criteria for one or more hazard classes specified in
49
CFR 173.2 (Hazardous Materials Classes and
Index to Hazard Class Definitions), incorporated by reference in Section
720.111(b).
As universal waste shipments do not require a manifest under 35 Ill. Adm. Code
722, they may not be described by the USDOT proper shipping name "hazardous
waste, (l) or (s), n.o.s.," nor may the hazardous material's proper shipping
name be modified by adding the word "waste".
Notes
Amended at 31 Ill. Reg. 1352, effective December 20, 2006
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