35 Ill. Adm. Code 733.152
Waste Management
Section 733
Section 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".