BOARD NOTE: Corresponding 40 CFR 261.21(a)(3) uses "ignitable compressed gas" based on the outmoded USDOT hazard class "flammable compressed gas", and it replicates the text from former 49 CFR 173.300(b) (1980) for the definition. In 1990, USDOT replaced that former hazard class with "flammable gas", as defined at 49 CFR 173.115. See 55 Fed. Reg. 52402, 53433 (December 21, 1990) (USDOT rulemaking replacing the old hazard class with the new one). The Board has chosen to avoid major problems inherent to USEPA's approach (the use of obsolete methods and USDOT regulatory mechanisms for the outmoded hazard class). The Board has instead updated the Illinois provision to correspond with the current USDOT regulations and used the "flammable gas" hazard class, together with its associated current methods.
BOARD NOTE: Corresponding 40 CFR 261.21(a)(4) uses "oxidizer", and it replicates the text from former 49 CFR 173.151 (1980) for the definition. Further, corresponding 40 CFR 261.21(a)(4) adds the definition of "organic peroxide" from former 49 CFR 173.151a to the definition of "oxidizer". In 1990, USDOT replaced that former definition of the hazard class with a new definition at 49 CFR 173.127, which classifies an oxidizer as a Division 5.1 material. See 55 Fed. Reg. 52402, 53433 (Dec. 21, 1990) (USDOT rulemaking replacing the old hazard class with the new one). The Board has chosen to avoid major problems inherent to USEPA's approach (the use of obsolete methods and USDOT regulatory mechanisms for the outmoded hazard class). The Board has instead updated the Illinois provision to correspond with the current USDOT regulations, used the "oxidizer" hazard class, together with its associated current methods, and omitted the addition of "organic peroxide" to the definition.
Ill. Admin. Code tit. 35, § 721.121
Amended at 32 Ill. Reg. 11786, effective July 14, 2008