Illinois Delisting Petitions: What you need to know

Governing Law and Regulations

Delisting petitions: 35 Illinois Administrative Code (IAC) 720.122

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Listed wastes and mixtures: 35 IAC 720.122(b)

Characteristic wastes: 35 IAC 720.122(c)

Service of petition: 35 IAC 720.122(n)

Regulatory Agencies

U.S. Environmental Protection Agency (EPA) Region 5

Illinois Pollution Control Board (Board)

Illinois Environmental Protection Agency (IEPA) Bureau of Land Division of Land Pollution Control

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Illinois has EPA authorization to delist hazardous wastes. However, Illinois follows most federal regulations for delisting petitions and includes a few administrative and procedural differences. Even though a waste is a delisted waste, it may be considered a special waste under state law. See the state section SOLID WASTE for more information.

Administration and enforcement. IPCB is responsible for considering and ruling on delisting petitions. IEPA administers and enforces Illinois's Resource Conservation and Recovery Act program.

State Requirements


35 IAC 720.122

Anyone who wishes to exclude/delist a waste from a particular generating facility from the lists in Subpart D of 35 IAC 721 may file a petition with the Board. The Board will grant the petition if the following occur:

  • The petitioner demonstrates that the waste produced by the generator does not meet any of the criteria under which the waste was listed as a hazardous or acute hazardous waste; and
  • The Board determines that there is a reasonable basis to believe that factors (including additional constituents) other than those for which the ...

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State Requirements

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Illinois Delisting Petitions Resources

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