ILLINOIS POLLUTION CONTROL BOARD

BACKGROUND
Part 703: RCRA Permit Program
Part 721: Identification and Listing of Hazardous Waste
Part 725: Interim Status Standards for Owners and Operators
Part 728: Land Disposal Restrictions
Part 733: Standards for Universal Waste Management
CONCLUSION
ORDER
1. SUBPART B: DEFINITIONS AND REFERENCES
Section 728.101 Purpose, Scope, and Applicability

February 3, 2005

IN THE MATTER OF:

STANDARDS FOR UNIVERSAL

WASTE MANAGEMENT

(35 ILL. ADM. CODE PARTS 703,

720, 721, 725, 728, AND 733

)

R05-8

(Rulemaking - Land)

Proposed Rule. Second Notice.

OPINION AND ORDER OF THE BOARD (by J.P. Novak, G.T. Girard):

On November 4, 2004, the Board sent to first notice under the Illinois Administrative

Procedure Act (APA) (5 ILCS 100/1-1

et seq

. (2002)) a proposal which amends the Board’s

rules governing the standards for universal waste. The amended regulations appear in the

Board’s rules at 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733. Today, the Board

sends this matter to second notice under the APA.

BACKGROUND

On October 19, 2004, the Environmental Protection Agency (Agency) filed a proposal

under 35 Ill. Adm. Code 102.200 and 102.202 to amend 35 Ill. Adm. Code 703, 730, 721, 724,

725, 728, and 733. The proposal by the Agency came in response to Public Act 93-0964, which

the governor signed on August 20, 2004. Public Act 93-964 (P.A. 93-964, eff. Aug. 20, 2004)

added three new sections to the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

(2002)). New Section 22.23b designated specified items containing mercury as “universal waste

subject to the streamlined hazardous waste rules set forth in Title 35 of the Illinois

Administrative Code, Subtitle G, Chapter I, Subchapter c, Part 733.” 415 ILCS 5/22.23b(e)

(2004). The same subsection required that the Illinois Environmental Protection Agency

(Agency) propose rules reflecting that designation and prescribing procedures and standards for

managing that waste within 60 days of the August 20, 2004 effective date of Public Act 93-964.

. From the date of that proposal, the Board has 180 days to adopt such rules.

On November 4, 2004, the Board accepted the Agency’s proposal and, because of the

strict statutory deadline for adoption, sent the rule to first notice without commenting on its

substantive merits. In doing so, the Board made non-substantive grammatical, typographical,

and mechanical changes conforming the language of the proposal to the code. The Board also

added Board Notes stating that certain provisions are not federally-derived identical-in-substance

rules. Finally, the Board removed certain sections of Part 703 from the proposal because the

Agency had not proposed to amend those sections.

Section 27(b) of the Act (415 ILCS 5/27(b) (2002)) requires the Board to request from

the Department of Commerce and Community Affairs, now the Department of Commerce and

Economic Opportunity (DCEO) an economic impact study (EcIS) on specified proposed rules

before their adoption. If DCEO opts to conduct the EcIS, DCEO has 30 to 45 days from the date

of that request to produce a study of the proposed rules’ impact. The Board then must make the

EcIS or DCEO’s reason for not conducting such a study available to the public at least 20 days

before a public hearing on the economic impact of the proposed rules. As required by section

27(b), the Board in a letter from Chairman J. Philip Novak dated October 28, 2004 requested that

DCEO conduct an EcIS of this proposal. DCEO stated in response that, after reviewing the

proposed amendments and in light of the state’s continued fiscal constraints, it opted not to

perform an EcIS.

The Board held two hearings on this proposal, the first in Chicago on December 15,

2004, before Hearing Office Marie Tipsord and the second in Springfield on January 6, 2005,

before Hearing Officer John Knittle. At the first hearing, Kyle Rominger and Mark Crites, an

environmental protection engineer, testified for the Agency. Kevin Greene also answered

questions on its behalf. At the second hearing, Kyle Rominger again testified for the Agency.

The second hearing was also held in order to fulfill the requirements of Section 27(b) of the Act.

Although Hearing Officer Knittle at the second hearing specifically sought testimony on

DCEO’s decision not to conduct an EcIS, he noted that no person had appeared wishing to

comment on that issue.

Although the public comment period continued to January 20, 2005, the Board did not

receive any public comment regarding this rulemaking proposal.

DISCUSSION

The Board, after two public hearings and a period of public comment, finds that there is

no need to make substantive changes to the Agency’s original proposal. The Board further finds

that the proposal is economically reasonable and technically feasible.

SUMMARY OF PROPOSAL FOR SECOND NOTICE

The following discussion will briefly summarize the second notice proposal on a section-

by-section basis.

Part 703: RCRA Permit Program

Section 703.123: Specific Exceptions from Permit Program

Existing Section 703.123 exempts specific categories of persons from the requirement of

obtaining a permit under the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. §

6901

et seq

.). 35 Ill. Adm. Code 703.123 (h). Existing subsection 703.123(h) exempts universal

waste handlers or transporters who manage specified wastes including batteries, pesticides,

thermostats, and lamps. 35 Ill. Adm. Code 703.123(h). The same subsection provides that those

exempt handlers and transporters are regulated by Part 733.

see

35. Ill. Adm. Code 733.101

et seq

. (Standards for Universal Waste Management).

The proposed amendment adds “mercury-containing equipment” as a new category of

exempt universal waste.

See

proposed 35 Ill. Adm. Code 703.123(h)(5). The proposal also adds

a Board Note describing the statutory authority for the rulemaking proceeding.

. (citing

authorities including P.A. 93-0964).

Part 720: Hazardous Waste Management System

Section 720.110: Definitions

Existing Section 720.110 provides definitions applicable to Parts 720 through 726, 728,

733, and 739 only. 35 Ill. Adm. Code 720.110. The proposed amendment defines “mercury-

containing equipment” as “mercury switches and mercury relays, and scientific instruments and

instructional equipment containing mercury added during their manufacture.”

See

proposed 35

Ill. Adm. Code 720.110. The proposal defines “mercury relay” as

a product or device, containing mercury added during its manufacture, that opens

or closes electrical contacts to effect the operation of other devices in the same or

another electrical circuit. Mercury relay includes, but is not limited to, mercury

displacement relays, mercury wetted reed relays, and mercury contact relays.”

415 ILCS 5/3.283 (2004);

see

proposed 35 Ill. Adm. Code 720.110.

The proposal also defines “mercury switch” as

a product or device, containing mercury added during its manufacture, that opens

or closes an electrical circuit or gas valve, including, but not limited to, mercury

float switches actuated by rising or falling liquid levels, mercury tilt switches

actuated by a change in the switch position, mercury pressure switches actuated

by a change in pressure, mercury temperature switches actuated by a change in

temperature, and mercury flame sensors.” 415 ILCS 5/3.284 (2004);

see

proposed 35 Ill. Adm. Code 720.110.

The proposal also adds three Board Notes describing the statutory authority for adding these

definitions.

. (citing authorities including P.A. 93-0964).

Part 721: Identification and Listing of Hazardous Waste

Section 721.109: Requirements for Universal Waste

Existing Section 721.109 lists categories of waste, including batteries, pesticides,

thermostats, and lamps, regulated under universal waste rules. 35 Ill. Adm. Code 721.109;

see

35 Ill. Adm. Code 733 (Standards for Universal Waste Management). The proposal adds

“mercury-containing equipment” as one of those categories.

See

proposed 35 Ill. Adm. Code

721.109(e). The proposal also adds a Board Note describing the statutory authority for adding

mercury-containing equipment as a type of waste regulated under the universal waste rules.

(citing authorities including P.A. 93-0964).

Part 724: Standards for Owners and Operators of Hazardous Waste Treatment, Storage,

and Disposal Facilities

Section 724.101: Purpose, Scope, and Applicability

Current subsection 724.101(g)(11) provides exemptions from the requirements of the

hazardous waste regulations of Part 724 for universal waste handlers and transporters. 35 Ill.

Adm. Code 724.101

et seq

. (Standards for Owners and Operators of Hazardous Waste

Treatment, Storage, and Disposal Facilities). One exemption applies to categories of universal

waste including batteries, pesticides, thermostats, and lamps. 35 Ill. Adm. Code 724.101(g)(11).

The current subsection further provides that those handlers and transporters are subject to

regulation under Part 733 when handling those categories.

see

35 Ill. Adm. Code 733.101

seq

. (Standards for Universal Waste Management).

The proposal adds “mercury-containing equipment” as an additional exempt category.

See

proposed 35 Ill. Adm. Code 724.101(g)(11)(E). The proposal also adds a Board Note

describing the statutory authority for adding this exemption.

. (citing authorities including

P.A. 93-0964).

Part 725: Interim Status Standards for Owners and Operators of Hazardous Waste

Treatment, Storage, and Disposal Facilities

Section 725.101: Purpose, Scope, and Applicability

Current subsection 725.101(c)(14) provides exemptions from the requirements of the

hazardous waste regulations of Part 725 for universal waste handlers and transporters handling

categories of universal waste including batteries, pesticides, thermostats, and lamps. 35 Ill.

Adm. Code 724.101(c)(14). The current subsection further provides that those handlers and

transporters are subject to regulation under Part 733 when handling those categories.

.; see 35

Ill. Adm. Code 733.101

et seq

. (Standards for Universal Waste Management).

The proposal adds “mercury-containing equipment” as an additional exempt category of

universal waste.

See

proposed 35 Ill. Adm. Code 725.101(c)(14)(E). The proposal also adds a

Board Note describing the statutory authority for adding this exemption.

. (citing authorities

including P.A. 93-0964).

Part 728: Land Disposal Restrictions

Section 728.101: Purpose, Scope, and Applicability

Current subsection 728.101(f) provides exemptions from Section 728.107 (35 Ill. Adm.

Code 728.107 (Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters,

and Disposal Facilities)) and Section 728.150 (35 Ill. Adm. Code 728.150 (Prohibitions on

Storage of Restricted Wastes)) for hazardous wastes including batteries, pesticides, thermostats,

and lamps. 35 Ill. Adm. Code 728.101(f). The current subsection further provides that handlers

and transporters of those wastes are subject to regulation under Part 733 when handling those

categories.

see

35 Ill. Adm. Code 733.101

et seq

. (Standards for Universal Waste

Management).

The proposal adds “mercury-containing equipment” as an additional exempt category.

See

proposed 35. Ill. Adm. Code 728.101(f)(5). The proposal also adds a Board Note describing

the statutory authority for adding this exemption.

. (citing authorities including P.A. 93-0964).

Part 733: Standards for Universal Waste Management

Subpart A: General

Section 733.101: Scope

Current subsection 733.101(a) specifies the categories of waste, including batteries,

pesticides, thermostats, and lamps, for which Part 733 sets management standards. 35 Ill. Adm.

Code 733.101(a).

The proposal adds “mercury-containing equipment” as one of these categories.

See

Ill. Adm. Code 733.101(a)(5). The proposal also adds a Board Note describing the statutory

authority for adding this category.

. (citing authorities including P.A. 93-0964).

Section 733.106: Applicability

The proposal adds a new Section 733.106 applying universal waste management

standards to specified mercury-containing equipment.

See

proposed 35. Ill. Adm. Code

733.106(a). New subsection 733.106(b) provides that persons handling specified mercury-

containing equipment are not subject to those standards.

See

proposed 35 Ill. Adm. Code

733.106(b). Finally, subsection 733.106(c) describes when used mercury-containing equipment

becomes a waste.

See

proposed 35 Ill. Adm. Code 733.106(c). The proposal also adds a Board

Note describing the statutory authority for adding this category.

. (citing authorities including

P.A. 93-0964).

Section 733.109: Definitions

Current Section 733.109 provides definition of terms relating to the rules governing

universal waste management. 35 Ill. Adm. Code 733.109. The proposal both amends existing

definitions and adds definitions of new terms.

See

First, the proposal amends the current definition of the term “large quantity handler of

universal waste” to include “mercury-containing equipment” in a list of items constituting

universal waste. 35 Ill. Adm. Code 733.109. The proposal also adds to this definition a Board

Note describing the statutory authority for amending this definition.

. (citing authorities

including P.A. 93-0964).

Second, the proposal adds a new definition of the term “mercury-containing equipment:”

“ mercury switches and mercury relays, and scientific instruments and instructional equipment

containing mercury added during their manufacture.”

see also

proposed 35 Ill. Adm. Code

720.110. The proposal also adds a Board Note describing the statutory authority for adding this

definition.

See

proposed 35 Ill. Adm. Code 733.109. (citing authorities including P.A. 93-0964).

Third, the proposal adds a new definition of the term “mercury relay.” 415 ILCS 5/3.283

(2004);

see

proposed 35 Ill. Adm. Code 733.109. The proposal also adds a Board Note

describing the statutory authority for adding this definition.

. (citing authorities including P.A.

93-0964).

Fourth, the proposal adds a new definition of the term “mercury switch.” 415 ILCS

5/3.284 (2004);

see

proposed 35 Ill. Adm. Code 733.109. The proposal also adds a Board Note

describing the statutory authority for adding this definition.

. (citing authorities including P.A.

93-0964).

Fifth, the proposal amends the current definition of the term “small quantity handler of

universal waste” to include “mercury-containing equipment” in a list of items constituting

universal waste.

. The proposal also adds to this definition a Board Note describing the

statutory authority for amending this definition.

. (citing authorities including P.A. 93-0964).

Sixth, the proposal amends the current definition of the term “universal waste” to include

within it “mercury-containing equipment, as described in Section 733.106.”

See

proposed 35 Ill.

Adm. Code 733.109. The proposal also adds to this definition a Board Note describing the

statutory authority for amending this definition.

. (citing authorities including P.A. 93-0964).

Subpart B: Standards for Small Quantity Generators

Section 733.113: Waste Management

Current Section 733.113 provides standards for the management of various categories of

universal waste, including batteries, pesticides, thermostats, and lamps. 35 Ill. Adm. Code

733.113 (Standards for Small Quantity Handlers). Current subsection 733.113(c) provides

standards pertaining to thermostats. 35 Ill. Adm. Code 733.113(c). The proposal adds mercury-

containing equipment to subsection 733.113(c), making management standards for thermostats

applicable also to mercury-containing equipment.

See

proposed 35 Ill. Adm. Code 733.113. The

proposal also adds to an existing Board Note language describing the statutory authority for this

amendment.

. (citing authorities including P.A. 93-0964).

Section 733.114: Labeling and Marking

Current Section 733.114 provides that small quantity handlers of universal waste must

follow requirements to identify categories of universal waste including batteries, pesticides,

thermostats, and lamps. 35 Ill. Adm. Code 733.114. The proposal adds a new subsection

733.114(f) specifying labeling and marking requirements pertaining specifically to mercury-

containing waste.

See

proposed 35 Ill. Adm. Code 733.114(f). The proposal also adds to

subsection 733.114(f) a Board Note describing the statutory authority for adding this language.

. (citing authorities including P.A. 93-0964).

Subpart C: Standards for Large Quantity Generators

Section 733.132: Notification

Current Section 733.132 applies a requirement of written notification to the Agency on

specified large quantity handlers of universal waste. 35 Ill. Adm. Code 733.132. Subsection

733.132(b) describes information that must be contained in that notification. 35 Ill. Adm. Code

733.132(b). The proposal in subsections 733.132(b)(4) and (b)(5) adds “mercury-containing

equipment” to the existing categories of universal waste that must be listed by handlers in the

required notifications.

See

proposed 35 Ill. Adm. Code 733.132(b)(4), (b)(5). The proposal also

adds a Board Note describing the statutory authority for adding this language.

. (citing

authorities including P.A. 93-0964).

Section 733.133: Waste Management

Current Section 733.133 contains requirements for the management of categories of

universal waste including batteries, pesticides, thermostats, and lamps. 35 Ill. Adm. Code

733.133. Current subsection 733.133(c) provides requirements applying specifically to

thermostats. 35 Ill. Adm. Code 733.133(c). The proposal adds “mercury-containing equipment”

to this existing subsection, making the management standards for thermostats applicable also to

mercury-containing equipment.

See

proposed 35 Ill. Adm. Code 733.133(c). The proposal also

adds to an existing Board Note language describing the statutory authority for adding this

language.

. (citing authorities including P.A. 93-0964).

Section 733.134: Labeling and Marking

Current Section 733.134 establishes requirements that large quantity handlers of

universal waste must follow in identifying categories of universal waste, including batteries,

pesticides, thermostats, and lamps. 35 Ill. Adm. Code 733.134. The proposal adds a new

subsection 733.134(f) containing labeling and marking requirements specifically applicable to

mercury-containing equipment.

See

proposed 35 Ill. Adm. Code 733.134(f). The proposal also

adds a Board Note describing the statutory authority for adding this language.

. (citing

authorities including P.A. 93-0964).

CONCLUSION

The Board will proceed to second notice with proposed rules amending the Board’s

regulations at 35 Ill. Adm. Code 703, 720, 721, 724, 725, 728, and 733 regarding standards for

management of universal waste. The Board has held a hearing on the economic impact of the

proposal, and the Board finds that the proposal is economically reasonable and technically

feasible. Therefore, the Board will adopt the proposal for second notice.

ORDER

The Board directs the Clerk to cause the filing of the following rule with the Joint

Committee on Administrative Rules.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

703.100

Scope and Relation to Other Parts

703.101 Purpose

703.110 References

SUBPART B: PROHIBITIONS

Section

703.120

Prohibitions in General

703.121 RCRA

Permits

703.122

Specific Inclusions in Permit Program

703.123

Specific Exclusions from Permit Program

703.124 Discharges

Hazardous

Waste

703.125 Reapplications

703.126 Initial

Applications

703.127

Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Application by Existing HWM Facilities and Interim Status Qualifications

703.151

Application by New HWM Facilities

703.152

Amended Part A Application

703.153

Qualifying for Interim Status

703.154

Prohibitions During Interim Status

703.155

Changes During Interim Status

703.156

Interim Status Standards

703.157

Grounds for Termination of Interim Status

703.158

Permits for Less Than an Entire Facility

703.159 Closure

Removal

703.160

Procedures for Closure Determination

703.161

Enforceable Document for Post-Closure Care

SUBPART D: APPLICATIONS

Section

703.180

Applications in General

Solid Waste Management Units

703.188 Other

Information

703.191

Public Participation: Pre-Application Public Notice and Meeting

703.192

Public Participation: Public Notice of Application

703.193

Public Participation: Information Repository

703.200

Specific Part B Application Information

Incinerators that Burn Hazardous Waste

Boilers and Industrial Furnaces Burning Hazardous Waste

703.209 Miscellaneous

Air Emission Controls for Tanks, Surface Impoundments, and Containers

703.214

Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED PERMITS

Alternative Compliance with the Federal NESHAPS

Incinerator Conditions During Trial Burn

703.224

Incinerator Conditions After Trial Burn

703.225

Trial Burns for Existing Incinerators

703.230

Land Treatment Demonstration

703.231

Research, Development and Demonstration Permits

703.232

Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234 Remedial

Action

Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

703.243 Monitoring

703.244

Notice of Planned Changes (Repealed)

703.245

Twenty-four Hour Reporting

SUBPART G: CHANGES TO PERMITS

Causes for Modification

703.272

Causes for Modification or Reissuance

703.273 Facility

Siting

703.280

Permit Modification at the Request of the Permittee

703.281

Class 1 Modifications

703.282

Class 2 Modifications

703.283

Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300

Special Regulatory Format

Getting a RAP Approved

703.304

How a RAP May Be Modified, Revoked and Reissued, or Terminated

703.305

Operating Under A RAP

703.306

Obtaining a RAP for an Off-Site Location

SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL

TECHNOLOGY (MACT) STANDARDS

Section

703.320

Options for Incinerators and Cement and Lightweight Aggregate Kilns to

Minimize Emissions from Startup, Shutdown, and Malfunction Events

703.APPENDIX A

Classification of Permit Modifications

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 22.4 and 22.23b and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2, 22.4 and 22.23b

and 27].

SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14289, effective October 12, 1983; amended in

R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill. Reg. 11899,

effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986;

amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1 at 10 Ill.

Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20702, effective

December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March 24, 1987; amended

in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.

19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective January

15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in R88-16

at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18477,

effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278, effective April 16, 1990;

amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990; amended in R90-11 at 15 Ill.

Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14554, effective September

30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective June 9, 1992; amended in R92-10 at

17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended

in R94-7 at 18 Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 Ill. Reg. 18316,

effective December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995;

amended in R95-20 at 20 Ill. Reg. 11225, effective August 1, 1996; amended in R96-10/R97-

3/R97-5 at 22 Ill. Reg. 553, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg.

7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective

September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19,

1999; amended in R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24

Ill. Reg. 9765, effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313, effective

July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22, 2002;

amended in R03-7 at 27 Ill. Reg. 3496, effective February 14, 2003; amended in R03-18 at 27 Ill.

Reg. 12683, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. ___________, effective

__________________.

SUBPART B: PROHIBITIONS

Section 703.123

Specific Exclusions from Permit Program

The following persons are among those that are not required to obtain a RCRA permit:

Generators that accumulate hazardous waste on-site for less than the time periods

provided in 35 Ill. Adm. Code 722.134;

Farmers that dispose of hazardous waste pesticides from their own use as

provided in 35 Ill. Adm. Code 722.170;

Persons that own or operate facilities solely for the treatment, storage, or disposal

of hazardous waste excluded from regulations under this Part by 35 Ill. Adm.

Code 721.104 or 721.105 (small generator exemption);

An owner or operator of a totally enclosed treatment facility, as defined in 35 Ill.

Adm. Code 720.110;

An owner or operator of an elementary neutralization unit or wastewater

treatment unit, as defined in 35 Ill. Adm. Code 720.110;

A transporter that stores manifested shipments of hazardous waste in containers

that meet the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for a

period of ten days or less;

A person who adds absorbent material to waste in a container (as defined in 35 Ill.

Adm. Code 720.110) or a person who adds waste to absorbent material in a

container, provided that these actions occur at the time waste is first placed in the

container; and 35 Ill. Adm. Code 724.117(b), 724.271, and 724.272 are complied

with; and

A universal waste handler or universal waste transporter (as defined in 35 Ill.

Adm. Code 720.110) that manages the wastes listed in subsections (h)(1) through

(h)(4) of this Section. Such a handler or transporter is subject to regulation under

35 Ill. Adm. Code 733.

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment, as described in 35 Ill. Adm. Code

733.106.

BOARD NOTE: Subsection (h)(5) of this Section was added pursuant to

Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283, 3.284,

and 22.23b] (see P.A. 93-964, effective August 20, 2004).

BOARD NOTE: Derived from 40 CFR 270.1(c)(2) (2002).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A: GENERAL PROVISIONS

Section

720.101

Purpose, Scope, and Applicability

720.102 Availability

Information; Confidentiality of Information

720.103

Use of Number and Gender

SUBPART B: DEFINITIONS AND REFERENCES

Section

720.110 Definitions

720.111 References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120 Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122 Waste

Delisting

720.123

Petitions for Regulation as Universal Waste

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132 Boiler

Determinations

720.133

Procedures for Determinations

720.140

Additional Regulation of Certain Hazardous Waste Recycling Activities on a

Case-by-Case Basis

720.141

Procedures for Case-by-Case Regulation of Hazardous Waste Recycling

Activities

720.APPENDIX A

Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 13, 22.4 and 22.23b and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2, 13, 22.4, 22.23b

and 27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg.

14015, effective October 12, 1983; amended in R84-9 at 9 Ill. Reg. 11819, effective July 24,

1985; amended in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10

Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective

December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended

in R86-46 at 11 Ill. Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg.

19280, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January

15, 1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in R88-16

at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278,

effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20,

1990; amended in R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14

Ill. Reg. 16450, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective

May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-

1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,

effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992;

amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17 Ill.

Reg. 20545, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective

April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in

R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.

9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, effective August 1,

1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997;

amended in R98-12 at 22 Ill. Reg. 7590, effective April 15, 1998; amended in R97-21/R98-

3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at

23 Ill. Reg. 1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective

July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000; amended in

R00-13 at 24 Ill. Reg. 9443, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1266,

effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9168, effective July 9,

2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6550, effective April 22, 2002; amended

in R03-7 at 27 Ill. Reg. 3712, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg.

12713, effective July 17, 2003; amended in R05-8 at 29 Ill. Reg. ___________, effective

__________________.

SUBPART B: DEFINITIONS AND REFERENCES

Section 720.110

Definitions

When used in 35 Ill. Adm. Code 720 through 726, 728, 733, and 739 only, the following terms

have the meanings given below:

“Aboveground tank” means a device meeting the definition of tank that is situated in

such a way that the entire surface area of the tank is completely above the plane of

the adjacent surrounding surface and the entire surface area of the tank (including

the tank bottom) is able to be visually inspected.

“Active life” of a facility means the period from the initial receipt of hazardous

waste at the facility until the Agency receives certification of final closure.

“Active portion” means that portion of a facility where treatment, storage, or

disposal operations are being or have been conducted after May 19, 1980, and which

is not a closed portion. (See also “closed portion” and “inactive portion.”)

“Administrator” means the Administrator of the United States Environmental

Protection Agency or the Administrator’s designee.

“Agency” means the Illinois Environmental Protection Agency.

“Ancillary equipment” means any device, including, but not limited to, such devices

as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or

control the flow of hazardous waste from its point of generation to storage or

treatment tanks, between hazardous waste storage and treatment tanks to a point of

disposal onsite, or to a point of shipment for disposal off-site.

“Aquifer” means a geologic formation, group of formations, or part of a formation

capable of yielding a significant amount of groundwater to wells or springs.

“Authorized representative” means the person responsible for the overall operation

of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager,

superintendent, or person of equivalent responsibility.

“Battery” means a device that consists of one or more electrically connected

electrochemical cells which is designed to receive, store, and deliver electric energy.

An electrochemical cell is a system consisting of an anode, cathode, and an

electrolyte, plus such connections (electrical and mechanical) as may be needed to

allow the cell to deliver or receive electrical energy. The term battery also includes

an intact, unbroken battery from which the electrolyte has been removed.

“Board” means the Illinois Pollution Control Board.

“Boiler” means an enclosed device using controlled flame combustion and having

the following characteristics:

Boiler physical characteristics.

The unit must have physical provisions for recovering and exporting

thermal energy in the form of steam, heated fluids, or heated gases;

and the unit’s combustion chamber and primary energy recovery

sections must be of integral design. To be of integral design, the

combustion chamber and the primary energy recovery sections (such

as water walls and superheaters) must be physically formed into one

manufactured or assembled unit. A unit in which the combustion

chamber and the primary energy recovery sections are joined only by

ducts or connections carrying flue gas is not integrally designed;

however, secondary energy recovery equipment (such as

economizers or air preheaters) need not be physically formed into the

same unit as the combustion chamber and the primary energy

recovery section. The following units are not precluded from being

boilers solely because they are not of integral design: process heaters

(units that transfer energy directly to a process stream) and fluidized

bed combustion units; and

While in operation, the unit must maintain a thermal energy recovery

efficiency of at least 60 percent, calculated in terms of the recovered

energy compared with the thermal value of the fuel; and

The unit must export and utilize at least 75 percent of the recovered

energy, calculated on an annual basis. In this calculation, no credit

may be given for recovered heat used internally in the same unit.

(Examples of internal use are the preheating of fuel or combustion

air, and the driving of induced or forced draft fans or feedwater

pumps.); or

Boiler by designation. The unit is one that the Board has determined, on a

case-by-case basis, to be a boiler, after considering the standards in Section

720.132.

“Carbon regeneration unit” means any enclosed thermal treatment device used to

regenerate spent activated carbon.

“Certification” means a statement of professional opinion based upon knowledge

and belief.

“Closed portion,” means that portion of a facility that an owner or operator has

closed in accordance with the approved facility closure plan and all applicable

closure requirements. (See also “active portion” and “inactive portion.”)

“Component” means either the tank or ancillary equipment of a tank system.

“Confined aquifer,” means an aquifer bounded above and below by impermeable

beds or by beds of distinctly lower permeability than that of the aquifer itself; an

aquifer containing confined groundwater.

“Container” means any portable device in which a material is stored, transported,

treated, disposed of, or otherwise handled.

“Containment building” means a hazardous waste management unit that is used to

store or treat hazardous waste under the provisions of Subpart DD of 35 Ill. Adm.

Code 724 and Subpart DD of 35 Ill. Adm. Code 725.

“Contingency plan” means a document setting out an organized, planned and

coordinated course of action to be followed in case of a fire, explosion, or release of

hazardous waste or hazardous waste constituents that could threaten human health or

the environment.

“Corrosion expert” means a person who, by reason of knowledge of the physical

sciences and the principles of engineering and mathematics, acquired by a

professional education and related practical experience, is qualified to engage in the

practice of corrosion control on buried or submerged metal piping systems and metal

tanks. Such a person must be certified as being qualified by the National

Association of Corrosion Engineers (NACE) or be a registered professional engineer

who has certification or licensing that includes education and experience in

corrosion control on buried or submerged metal piping systems and metal tanks.

“Designated facility,” means a hazardous waste treatment, storage, or disposal

facility,

Of which any of the following is true:

The facility has received a RCRA permit (or interim status) pursuant

to 35 Ill. Adm. Code 702, 703, and 705;

The facility has received a RCRA permit from USEPA pursuant to

40 CFR 124 and 270 (2002);

The facility has received a RCRA permit from a state authorized by

USEPA pursuant to 40 CFR 271 (2002); or

The facility is regulated under 35 Ill. Adm. Code 721.106(c)(2) or

Subpart F of 35 Ill. Adm. Code 266; and

The facility has been designated on the manifest by the generator pursuant to

35 Ill. Adm. Code 722.120.

If a waste is destined to a facility in a state other than Illinois that has been

authorized by USEPA pursuant to 40 CFR 271, but which has not yet

obtained authorization to regulate that waste as hazardous, then the

designated facility must be a facility allowed by the receiving state to accept

such waste.

“Destination facility” means a facility that treats, disposes of, or recycles a particular

category of universal waste, except those management activities described in 35 Ill.

Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A facility at which a

particular category of universal waste is only accumulated is not a destination

facility for the purposes of managing that category of universal waste.

“Dike” means an embankment or ridge of either natural or manmade materials used

to prevent the movement of liquids, sludges, solids, or other materials.

“Dioxins and furans” or “D/F” means tetra, penta-, hexa-, hepta-, and octa-

chlorinated dibenzo dioxins and furans.

“Director” means the Director of the Illinois Environmental Protection Agency.

“Discharge” or “hazardous waste discharge” means the accidental or intentional

spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous

waste into or on any land or water.

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any solid waste or hazardous waste into or on any land or water so that

such solid waste or hazardous waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any waters, including

groundwater.

“Disposal facility” means a facility or part of a facility at which hazardous waste is

intentionally placed into or on any land or water and at which waste will remain after

closure. The term disposal facility does not include a corrective action management

unit (CAMU) into which remediation wastes are placed.

“Drip pad” means an engineered structure consisting of a curbed, free-draining base,

constructed of non-earthen materials and designed to convey preservative kick-back

or drippage from treated wood, precipitation and surface water runon to an

associated collection system at wood preserving plants.

“Elementary neutralization unit” means a device of which the following is true:

It is used for neutralizing wastes that are hazardous only because they exhibit

the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122 or which

are listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and

It meets the definition of tank, tank system, container, transport vehicle, or

vessel in this Section.

“EPA hazardous waste number” or “USEPA hazardous waste number” means the

number assigned by USEPA to each hazardous waste listed in Subpart D of 35 Ill.

Adm. Code 721 and to each characteristic identified in Subpart C of 35 Ill. Adm.

Code 721.

“EPA identification number” or “USEPA identification number” means the number

assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to each

generator; transporter; and treatment, storage, or disposal facility.

“EPA region” or “USEPA region” means the states and territories found in any one

of the following ten regions:

Region I: Maine, Vermont, New Hampshire, Massachusetts, Connecticut,

and Rhode Island

Region II: New York, New Jersey, Commonwealth of Puerto Rico, and the

U.S. Virgin Islands

Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and

the District of Columbia

Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,

Georgia, South Carolina, and Florida

Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio

Region VI: New Mexico, Oklahoma, Arkansas, Louisiana, and Texas

Region VII: Nebraska, Kansas, Missouri, and Iowa

Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah, and

Colorado

Region IX: California, Nevada, Arizona, Hawaii, Guam, American Samoa,

and Commonwealth of the Northern Mariana Islands

Region X: Washington, Oregon, Idaho, and Alaska

“Equivalent method” means any testing or analytical method approved by the Board

pursuant to Section 720.120.

“Existing hazardous waste management (HWM) facility” or “existing facility”

means a facility that was in operation or for which construction commenced on or

before November 19, 1980. A facility had commenced construction if the owner or

operator had obtained the federal, State, and local approvals or permits necessary to

begin physical construction and either of the following had occurred:

A continuous on-site, physical construction program had begun; or

The owner or operator had entered into contractual obligations that could not

be canceled or modified without substantial loss for physical construction of

the facility to be completed within a reasonable time.

“Existing portion” means that land surface area of an existing waste management

unit, included in the original Part A permit application, on which wastes have been

placed prior to the issuance of a permit.

“Existing tank system” or “existing component” means a tank system or component

that is used for the storage or treatment of hazardous waste and which was in

operation, or for which installation was commenced, on or prior to July 14, 1986.

Installation will be considered to have commenced if the owner or operator has

obtained all federal, State, and local approvals or permits necessary to begin physical

construction of the site or installation of the tank system and if either of the

following is true:

A continuous on-site physical construction or installation program has

begun; or

The owner or operator has entered into contractual obligations that cannot be

canceled or modified without substantial loss for physical construction of the

site or installation of the tank system to be completed within a reasonable

time.

“Explosives or munitions emergency” means a situation involving the suspected

or detected presence of unexploded ordnance (UXO), damaged or deteriorated

explosives or munitions, an improvised explosive device (IED), other potentially

explosive material or device, or other potentially harmful military chemical

munitions or device, that creates an actual or potential imminent threat to human

health, including safety, or the environment, including property, as determined by

an explosives or munitions emergency response specialist. Such situations may

require immediate and expeditious action by an explosives or munitions

emergency response specialist to control, mitigate, or eliminate the threat.

“Explosives or munitions emergency response” means all immediate response

activities by an explosives and munitions emergency response specialist to

control, mitigate, or eliminate the actual or potential threat encountered during an

explosives or munitions emergency. An explosives or munitions emergency

response may include in-place render-safe procedures, treatment, or destruction of

the explosives or munitions or transporting those items to another location to be

rendered safe, treated, or destroyed. Any reasonable delay in the completion of an

explosives or munitions emergency response caused by a necessary, unforeseen,

or uncontrollable circumstance will not terminate the explosives or munitions

emergency. Explosives and munitions emergency responses can occur on either

public or private lands and are not limited to responses at RCRA facilities.

“Explosives or munitions emergency response specialist” means an individual

trained in chemical or conventional munitions or explosives handling,

transportation, render-safe procedures, or destruction techniques. Explosives or

munitions emergency response specialists include United States Department of

Defense (USDOD) emergency explosive ordnance disposal (EOD), technical

escort unit (TEU), and USDOD-certified civilian or contractor personnel and

other federal, State, or local government or civilian personnel who are similarly

trained in explosives or munitions emergency responses.

“Facility” means the following:

All contiguous land and structures, other appurtenances, and improvements

on the land used for treating, storing, or disposing of hazardous waste. A

facility may consist of several treatment, storage, or disposal operational

units (e.g., one or more landfills, surface impoundments, or combinations of

them).

For the purpose of implementing corrective action under 35 Ill. Adm. Code

724.201, all contiguous property under the control of the owner or operator

seeking a permit under Subtitle C of RCRA. This definition also applies to

facilities implementing corrective action under RCRA section 3008(h).

Notwithstanding the immediately-preceding paragraph of this definition, a

remediation waste management site is not a facility that is subject to 35 Ill.

Adm. Code 724.201, but a facility that is subject to corrective action

requirements if the site is located within such a facility.

“Federal agency” means any department, agency, or other instrumentality of the

federal government, any independent agency or establishment of the federal

government, including any government corporation and the Government Printing

Office.

“Federal, State, and local approvals or permits necessary to begin physical

construction” means permits and approvals required under federal, State, or local

hazardous waste control statutes, regulations, or ordinances.

“Final closure” means the closure of all hazardous waste management units at the

facility in accordance with all applicable closure requirements so that hazardous

waste management activities under 35 Ill. Adm. Code 724 and 725 are no longer

conducted at the facility unless subject to the provisions of 35 Ill. Adm. Code

722.134.

“Food-chain crops” means tobacco, crops grown for human consumption, and crops

grown for feed for animals whose products are consumed by humans.

“Freeboard” means the vertical distance between the top of a tank or surface

impoundment dike and the surface of the waste contained therein.

“Free liquids” means liquids that readily separate from the solid portion of a waste

under ambient temperature and pressure.

“Generator” means any person, by site, whose act or process produces hazardous

waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation.

“Groundwater” means water below the land surface in a zone of saturation.

“Hazardous waste” means a hazardous waste as defined in 35 Ill. Adm. Code

721.103.

“Hazardous waste constituent” means a constituent that caused the hazardous waste

to be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in 35 Ill.

Adm. Code 721.124.

“Hazardous waste management unit” is a contiguous area of land on or in which

hazardous waste is placed, or the largest area in which there is significant likelihood

of mixing hazardous waste constituents in the same area. Examples of hazardous

waste management units include a surface impoundment, a waste pile, a land

treatment area, a landfill cell, an incinerator, a tank and its associated piping and

underlying containment system, and a container storage area. A container alone

does not constitute a unit; the unit includes containers, and the land or pad upon

which they are placed.

“Inactive portion” means that portion of a facility that is not operated after

November 19, 1980. (See also “active portion” and “closed portion.”)

“Incinerator” means any enclosed device of which the following is true:

The facility uses controlled flame combustion, and both of the following are

true of the facility:

The facility does not meet the criteria for classification as a boiler,

sludge dryer, or carbon regeneration unit, nor

The facility is not listed as an industrial furnace; or

The facility meets the definition of infrared incinerator or plasma arc

incinerator.

“Incompatible waste” means a hazardous waste that is unsuitable for the following:

Placement in a particular device or facility because it may cause corrosion or

decay of containment materials (e.g., container inner liners or tank walls); or

Commingling with another waste or material under uncontrolled conditions

because the commingling might produce heat or pressure, fire, or explosion,

violent reaction, toxic dusts, mists, fumes or gases, or flammable fumes or

gases.

(See Appendix E to 35 Ill. Adm. Code 725 for examples.)

“Industrial furnace” means any of the following enclosed devices that are integral

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

Smelting, melting and refining furnaces (including pyrometallurgical devices

such as cupolas, reverberator furnaces, sintering machines, roasters, and

foundry furnaces);

Titanium dioxide chloride process oxidation reactors;

Methane reforming furnaces;

Pulping liquor recovery furnaces;

Combustion devices used in the recovery of sulfur values from spent sulfuric

acid;

Halogen acid furnaces (HAFs) for the production of acid from halogenated

hazardous waste generated by chemical production facilities where the

furnace is located on the site of a chemical production facility, the acid

product has a halogen acid content of at least three percent, the acid product

is used in a manufacturing process, and, except for hazardous waste burned

as fuel, hazardous waste fed to the furnace has a minimum halogen content

of 20 percent, as generated; and

Any other such device as the Agency determines to be an industrial furnace

on the basis of one or more of the following factors:

The design and use of the device primarily to accomplish recovery of

material products;

The use of the device to burn or reduce raw materials to make a

material product;

The use of the device to burn or reduce secondary materials as

effective substitutes for raw materials, in processes using raw

materials as principal feedstocks;

The use of the device to burn or reduce secondary materials as

ingredients in an industrial process to make a material product;

The use of the device in common industrial practice to produce a

material product; and

Other relevant factors.

“Individual generation site” means the contiguous site at or on which one or more

hazardous wastes are generated. An individual generation site, such as a large

manufacturing plant, may have one or more sources of hazardous waste but is

considered a single or individual generation site if the site or property is contiguous.

“Infrared incinerator” means any enclosed device that uses electric powered

resistance heaters as a source of radiant heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

“Inground tank” means a device meeting the definition of tank whereby a portion of

the tank wall is situated to any degree within the ground, thereby preventing visual

inspection of that external surface area of the tank that is in the ground.

“In operation” refers to a facility that is treating, storing, or disposing of hazardous

waste.

“Injection well” means a well into which fluids are being injected. (See also

“underground injection.”)

“Inner liner” means a continuous layer of material placed inside a tank or container

that protects the construction materials of the tank or container from the contained

waste or reagents used to treat the waste.

“Installation inspector” means a person who, by reason of knowledge of the physical

sciences and the principles of engineering, acquired by a professional education and

related practical experience, is qualified to supervise the installation of tank systems.

“International shipment” means the transportation of hazardous waste into or out of

the jurisdiction of the United States.

“Lamp” or “universal waste lamp” means the bulb or tube portion of an electric

lighting device. A lamp is specifically designed to produce radiant energy, most

often in the ultraviolet, visible, or infrared regions of the electromagnetic spectrum.

Examples of common universal waste lamps include, but are not limited to,

fluorescent, high intensity discharge, neon, mercury vapor, high-pressure sodium,

and metal halide lamps.

“Land treatment facility” means a facility or part of a facility at which hazardous

waste is applied onto or incorporated into the soil surface; such facilities are disposal

facilities if the waste will remain after closure.

“Landfill” means a disposal facility or part of a facility where hazardous waste is

placed in or on land and which is not a pile, a land treatment facility, a surface

impoundment, an underground injection well, a salt dome formation, a salt bed

formation, an underground mine, a cave, or a corrective action management unit

(CAMU).

“Landfill cell” means a discrete volume of a hazardous waste landfill that uses a

liner to provide isolation of wastes from adjacent cells or wastes. Examples of

landfill cells are trenches and pits.

“LDS” means leak detection system.

“Leachate” means any liquid, including any suspended components in the liquid,

that has percolated through or drained from hazardous waste.

“Liner” means a continuous layer of natural or manmade materials beneath or on the

sides of a surface impoundment, landfill, or landfill cell that restricts the downward

or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

“Leak-detection system” means a system capable of detecting the failure of either

the primary or secondary containment structure or the presence of a release of

hazardous waste or accumulated liquid in the secondary containment structure.

Such a system must employ operational controls (e.g., daily visual inspections for

releases into the secondary containment system of aboveground tanks) or consist of

an interstitial monitoring device designed to detect continuously and automatically

the failure of the primary or secondary containment structure or the presence of a

release of hazardous waste into the secondary containment structure.

“Management” or “hazardous waste management” means the systematic control of

the collection, source separation, storage, transportation, processing, treatment,

recovery, and disposal of hazardous waste.

“Manifest” means the shipping document originated and signed by the generator that

contains the information required by Subpart B of 35 Ill. Adm. Code 722.

“Manifest document number” means the USEPA twelve digit identification number

assigned to the generator plus a unique five-digit document number assigned to the

manifest by the generator for recording and reporting purposes.

“Mercury-containing equipment” means mercury switches and mercury relays,

and scientific instruments and instructional equipment containing mercury added

during their manufacture.

BOARD NOTE: The definition of “mercury-containing equipment” was added

pursuant to Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283,

3.284, and 22.23b] (see P.A. 93-964, effective August 20, 2004).

“Mercury relay” means a product or device, containing mercury added during its

manufacture, that opens or closes electrical contacts to effect the operation of

other devices in the same or another electrical circuit. Mercury relay includes,

but is not limited to, mercury displacement relays, mercury wetted reed relays,

and mercury contact relays.

[415 ILCS 5/3.283]

BOARD NOTE: The definition of “mercury relay” was added pursuant to

Section 3.283 of the Act [415 ILCS 5/3.283] (see P.A. 93-964, effective August

20, 2004).

“Mercury switch” means a product or device, containing mercury added during

its manufacture, that opens or closes an electrical circuit or gas valve, including,

but not limited to, mercury float switches actuated by rising or falling liquid

levels, mercury tilt switches actuated by a change in the switch position, mercury

pressure switches actuated by a change in pressure, mercury temperature

switches actuated by a change in temperature, and mercury flame sensors.

[415

ILCS 5/3.284]

BOARD NOTE: The definition of “mercury switch” was added pursuant to

Section 3.284 of the Act [415 ILCS 5/3.284] (see P.A. 93-964, effective August

20, 2004).

“Military munitions” means all ammunition products and components produced

or used by or for the United States Department of Defense or the United States

Armed Services for national defense and security, including military munitions

under the control of the United States Department of Defense (USDOD), the

United States Coast Guard, the United States Department of Energy (USDOE),

and National Guard personnel. The term military munitions includes: confined

gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot

control agents, smokes, and incendiaries used by USDOD components, including

bulk explosives and chemical warfare agents, chemical munitions, rockets, guided

and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,

small arms ammunition, grenades, mines, torpedoes, depth charges, cluster

munitions and dispensers, demolition charges, and devices and components of

these items and devices. Military munitions do not include wholly inert items,

improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear

components of these items and devices. However, the term does include non-

nuclear components of nuclear devices, managed under USDOE’s nuclear

weapons program after all sanitization operations required under the Atomic

Energy Act of 1954 (42 USC 2014 et seq.), as amended, have been completed.

“Mining overburden returned to the mine site,” means any material overlying an

economic mineral deposit that is removed to gain access to that deposit and is then

used for reclamation of a surface mine.

“Miscellaneous unit” means a hazardous waste management unit where hazardous

waste is treated, stored, or disposed of and that is not a container; tank; surface

impoundment; pile; land treatment unit; landfill; incinerator; boiler; industrial

furnace; underground injection well with appropriate technical standards under 35

Ill. Adm. Code 730; containment building; corrective action management unit

(CAMU); unit eligible for a research, development, and demonstration permit under

35 Ill. Adm. Code 703.231; or staging pile.

“Movement” means hazardous waste that is transported to a facility in an individual

vehicle.

“New hazardous waste management facility” or “new facility” means a facility that

began operation, or for which construction commenced after November 19, 1980.

(See also “Existing hazardous waste management facility.”)

“New tank system” or “new tank component” means a tank system or component

that will be used for the storage or treatment of hazardous waste and for which

installation commenced after July 14, 1986; except, however, for purposes of 35 Ill.

Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for which

construction commenced after July 14, 1986. (See also “existing tank system.”)

“Onground tank” means a device meeting the definition of tank that is situated in

such a way that the bottom of the tank is on the same level as the adjacent

surrounding surfaces so that the external tank bottom cannot be visually inspected.

“On-site” means the same or geographically contiguous property that may be

divided by public or private right-of-way, provided the entrance and exit between

the properties is at a crossroads intersection and access is by crossing as opposed to

going along the right-of-way. Noncontiguous properties owned by the same person

but connected by a right-of-way that the owner controls and to which the public does

not have access is also considered on-site property.

“Open burning,” means the combustion of any material without the following

characteristics:

Control of combustion air to maintain adequate temperature for efficient

combustion;

Containment of the combustion reaction in an enclosed device to provide

sufficient residence time and mixing for complete combustion; and

Control of emission of the gaseous combustion products.

(See also “incineration” and “thermal treatment.”)

“Operator” means the person responsible for the overall operation of a facility.

“Owner” means the person that owns a facility or part of a facility.

“Partial closure” means the closure of a hazardous waste management unit in

accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or

725 at a facility that contains other active hazardous waste management units. For

example, partial closure may include the closure of a tank (including its associated

piping and underlying containment systems), landfill cell, surface impoundment,

waste pile, or other hazardous waste management unit, while other units of the same

facility continue to operate.

“Person” means an individual, trust, firm, joint stock company, federal agency,

corporation (including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state, or any interstate body.

“Personnel” or “facility personnel” means all persons who work at or oversee the

operations of a hazardous waste facility and whose actions or failure to act may

result in noncompliance with the requirements of 35 Ill. Adm. Code 724 or 725.

“Pesticide” means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest or intended for use as a plant regulator,

defoliant, or desiccant, other than any article that fulfills one of the following

descriptions:

It is a new animal drug under section 201(v) of the Federal Food, Drug and

Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in

Section 720.111;

It is an animal drug that has been determined by regulation of the federal

Secretary of Health and Human Services pursuant to FFDCA section 512

(21 USC 360b), incorporated by reference in Section 720.111, to be an

exempted new animal drug; or

It is an animal feed under FFDCA section 201(w) (21 USC 321(w)),

incorporated by reference in Section 720.111, that bears or contains any

substances described in either of the two preceding paragraphs of this

definition.

BOARD NOTE: The second exception of corresponding 40 CFR 260.10

reads as follows: “Is an animal drug that has been determined by regulation

of the Secretary of Health and Human Services not to be a new animal

drug.” This is very similar to the language of section 2(u) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 USC 136(u)). The

three exceptions, taken together, appear intended not to include as pesticide

any material within the scope of federal Food and Drug Administration

regulation. The Board codified this provision with the intent of retaining the

same meaning as its federal counterpart while adding the definiteness

required under Illinois law.

“Pile” means any noncontainerized accumulation of solid, non-flowing hazardous

waste that is used for treatment or storage, and that is not a containment building.

“Plasma arc incinerator” means any enclosed device that uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

“Point source” means any discernible, confined, and discrete conveyance, including,

but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

container, rolling stock, concentrated animal feeding operation, or vessel or other

floating craft from which pollutants are or may be discharged. This term does not

include return flows from irrigated agriculture.

“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm. Code

310.110.

“Qualified groundwater scientist” means a scientist or engineer who has received a

baccalaureate or postgraduate degree in the natural sciences or engineering, and has

sufficient training and experience in groundwater hydrology and related fields, as

demonstrated by state registration, professional certifications, or completion of

accredited university courses that enable the individual to make sound professional

judgments regarding groundwater monitoring and contaminant rate and transport.

BOARD NOTE: State registration includes, but is not limited to, registration as a

professional engineer with the Department of Professional Regulation, pursuant to

225 ILCS 325 and 68 Ill. Adm. Code 1380. Professional certification includes, but

is not limited to, certification under the certified groundwater professional program

of the National Ground Water Association.

“RCRA” means the Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq.).

“Regional Administrator” means the Regional Administrator for the USEPA Region

in which the facility is located or the Regional Administrator’s designee.

“Remediation waste” means all solid and hazardous wastes, and all media (including

groundwater, surface water, soils, and sediments) and debris that are managed for

implementing cleanup.

“Remediation waste management site” means a facility where an owner or operator

is or will be treating, storing, or disposing of hazardous remediation wastes. A

remediation waste management site is not a facility that is subject to corrective

action under 35 Ill. Adm. Code 724.201, but a remediation waste management site

is subject to corrective action requirements if the site is located in such a facility.

“Replacement unit” means a landfill, surface impoundment, or waste pile unit from

which all or substantially all of the waste is removed, and which is subsequently

reused to treat, store, or dispose of hazardous waste. Replacement unit does not

include a unit from which waste is removed during closure, if the subsequent reuse

solely involves the disposal of waste from that unit and other closing units or

corrective action areas at the facility, in accordance with a closure or corrective

action plan approved by USEPA or the Agency.

“Representative sample” means a sample of a universe or whole (e.g., waste pile,

lagoon, groundwater) that can be expected to exhibit the average properties of the

universe or whole.

“Runoff” means any rainwater, leachate, or other liquid that drains over land from

any part of a facility.

“Runon” means any rainwater, leachate, or other liquid that drains over land onto

any part of a facility.

“Saturated zone” or “zone of saturation” means that part of the earth’s crust in which

all voids are filled with water.

“SIC Code” means Standard Industrial Classification Code as defined in Standard

Industrial Classification Manual, incorporated by reference in Section 720.111.

“Sludge” means any solid, semi-solid, or liquid waste generated from a municipal,

commercial, or industrial wastewater treatment plant, water supply treatment plant,

or air pollution control facility, exclusive of the treated effluent from a wastewater

treatment plant.

“Sludge dryer” means any enclosed thermal treatment device that is used to

dehydrate sludge and which has a total thermal input, excluding the heating value of

the sludge itself, of 2500 Btu/lb or less of sludge treated on a wet-weight basis.

“Small quantity generator” means a generator that generates less than 1000 kg of

hazardous waste in a calendar month.

“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.

“Sorbent” means a material that is used to soak up free liquids by either adsorption

or absorption, or both. “Sorb” means to either adsorb or absorb, or both.

“Staging pile” means an accumulation of solid, non-flowing “remediation waste”

(as defined in this Section) that is not a containment building and that is used only

during remedial operations for temporary storage at a facility. Staging piles must

be designated by the Agency according to the requirements of 35 Ill. Adm. Code

724.654.

“State” means any of the several states, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

“Storage” means the holding of hazardous waste for a temporary period, at the end

of which the hazardous waste is treated, disposed of, or stored elsewhere.

“Sump” means any pit or reservoir that meets the definition of tank and those

troughs or trenches connected to it that serve to collect hazardous waste for transport

to hazardous waste storage, treatment, or disposal facilities; except that, as used in

the landfill, surface impoundment, and waste pile rules, sump means any lined pit or

reservoir that serves to collect liquids drained from a leachate collection and removal

system or leak detection system for subsequent removal from the system.

“Surface impoundment” or “impoundment” means a facility or part of a facility that

is a natural topographic depression, manmade excavation, or diked area formed

primarily of earthen materials (although it may be lined with manmade materials)

that is designed to hold an accumulation of liquid wastes or wastes containing free

liquids and which is not an injection well. Examples of surface impoundments are

holding, storage, settling and aeration pits, ponds, and lagoons.

“Tank” means a stationary device, designed to contain an accumulation of hazardous

waste, that is constructed primarily of nonearthen materials (e.g., wood, concrete,

steel, plastic) that provide structural support.

“Tank system” means a hazardous waste storage or treatment tank and its associated

ancillary equipment and containment system.

“TEQ” means toxicity equivalence, the international method of relating the

toxicity of various dioxin and furan congeners to the toxicity of 2,3,7,8-tetra-

chlorodibenzo-p-dioxin.

“Thermal treatment” means the treatment of hazardous waste in a device that uses

elevated temperatures as the primary means to change the chemical, physical, or

biological character or composition of the hazardous waste. Examples of thermal

treatment processes are incineration, molten salt, pyrolysis, calcination, wet air

oxidation, and microwave discharge. (See also “incinerator” and “open burning.”)

“Thermostat” means a temperature control device that contains metallic mercury in

an ampule attached to a bimetal sensing element and mercury-containing ampules

that have been removed from such a temperature control device in compliance with

the requirements of 35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).

“Totally enclosed treatment facility” means a facility for the treatment of hazardous

waste that is directly connected to an industrial production process and which is

constructed and operated in a manner that prevents the release of any hazardous

waste or any constituent thereof into the environment during treatment. An example

is a pipe in which waste acid is neutralized.

“Transfer facility” means any transportation related facility, including loading docks,

parking areas, storage areas, and other similar areas where shipments of hazardous

waste are held during the normal course of transportation.

“Transport vehicle” means a motor vehicle or rail car used for the transportation of

cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a

separate transport vehicle.

“Transportation” means the movement of hazardous waste by air, rail, highway, or

water.

“Transporter” means a person engaged in the off-site transportation of hazardous

waste by air, rail, highway, or water.

“Treatability study” means the following:

A study in which a hazardous waste is subjected to a treatment process to

determine the following:

Whether the waste is amenable to the treatment process;

What pretreatment (if any) is required;

The optimal process conditions needed to achieve the desired

treatment;

The efficiency of a treatment process for a specific waste or wastes;

and

The characteristics and volumes of residuals from a particular

treatment process;

Also included in this definition for the purpose of 35 Ill. Adm. Code

721.104(e) and (f) exemptions are liner compatibility, corrosion and other

material compatibility studies, and toxicological and health effects studies.

A treatability study is not a means to commercially treat or dispose of

hazardous waste.

“Treatment” means any method, technique, or process, including neutralization,

designed to change the physical, chemical, or biological character or composition of

any hazardous waste so as to neutralize the waste, recover energy or material

resources from the waste, or render the waste non-hazardous or less hazardous; safer

to transport, store, or dispose of; or amenable for recovery, amenable for storage, or

reduced in volume.

“Treatment zone” means a soil area of the unsaturated zone of a land treatment unit

within which hazardous constituents are degraded, transformed, or immobilized.

“Underground injection” means the subsurface emplacement of fluids through a

bored, drilled, or driven well or through a dug well, where the depth of the dug well

is greater than the largest surface dimension. (See also “injection well.”)

“Underground tank” means a device meeting the definition of tank whose entire

surface area is totally below the surface of and covered by the ground.

“Unfit-for-use tank system” means a tank system that has been determined, through

an integrity assessment or other inspection, to be no longer capable of storing or

treating hazardous waste without posing a threat of release of hazardous waste to the

environment.

“United States” means the 50 states, the District of Columbia, the Commonwealth of

Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

“Universal waste” means any of the following hazardous wastes that are managed

under the universal waste requirements of 35 Ill. Adm. Code 733:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment, as described in 35 Ill. Adm. Code

733.106.

BOARD NOTE: Mercury-containing equipment was added pursuant to

Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/.283, 3.284, and

22.23b] (see P.A. 93-964, effective August 20, 2004).

“Universal waste handler” means either of the following:

A generator (as defined in this Section) of universal waste; or

The owner or operator of a facility, including all contiguous property, that

receives universal waste from other universal waste handlers, accumulates

the universal waste, and sends that universal waste to another universal

waste handler, to a destination facility, or to a foreign destination.

“Universal waste handler” does not mean either of the following:

A person that treats (except under the provisions of Section

733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles

universal waste; or

A person engaged in the off-site transportation of universal waste by

air, rail, highway, or water, including a universal waste transfer

facility.

“Universal waste transporter” means a person engaged in the off-site transportation

of universal waste by air, rail, highway, or water.

“Unsaturated zone” or “zone of aeration” means the zone between the land surface

and the water table.

“Uppermost aquifer” means the geologic formation nearest the natural ground

surface that is an aquifer, as well as lower aquifers that are hydraulically

interconnected with this aquifer within the facility’s property boundary.

“USDOT” or “Department of Transportation” means the United States Department

of Transportation.

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil,

that has been used and as a result of such use is contaminated by physical or

chemical impurities.

“USEPA” or “EPA” or “U.S. EPA” means the United States Environmental

Protection Agency.

“Vessel” includes every description of watercraft used or capable of being used as a

means of transportation on the water.

“Wastewater treatment unit” means a device of which the following is true:

It is part of a wastewater treatment facility that has an NPDES permit

pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or authorization

to discharge pursuant to 35 Ill. Adm. Code 310; and

It receives and treats or stores an influent wastewater that is a hazardous

waste as defined in 35 Ill. Adm. Code 721.103, or generates and accumulates

a wastewater treatment sludge that is a hazardous waste as defined in 35 Ill.

Adm. Code 721.103, or treats or stores a wastewater treatment sludge that is

a hazardous waste as defined in 35 Ill. Adm. Code 721.103; and

It meets the definition of tank or tank system in this Section.

“Water (bulk shipment)” means the bulk transportation of hazardous waste that is

loaded or carried on board a vessel without containers or labels.

“Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical

form, and often walled with bricks or tubing to prevent the earth from caving in.

“Well injection” (See “underground injection.”)

“Zone of engineering control” means an area under the control of the owner or

operator that, upon detection of a hazardous waste release, can be readily cleaned up

prior to the release of hazardous waste or hazardous constituents to groundwater or

surface water.

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104 Exclusions

721.105

Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

721.106

Requirements for Recyclable Materials

721.107

Residues of Hazardous Waste in Empty Containers

721.108

PCB Wastes Regulated under TSCA

721.109

Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF

HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria for Identifying the Characteristics of Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120 General

721.121

Characteristic of Ignitability

721.122

Characteristic of Corrosivity

721.123

Characteristic of Reactivity

721.124 Toxicity

Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

from Nonspecific Sources

721.132

Hazardous Waste from Specific Sources

721.133

Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues, and Spill Residues Thereof

721.135

Wood Preserving Wastes

721.138

Comparable or Syngas Fuel Exclusion

721.APPENDIX A

Representative Sampling Methods

721.APPENDIX B

Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.APPENDIX C

Chemical Analysis Test Methods

721.TABLE A

Analytical Characteristics of Organic Chemicals (Repealed)

721.TABLE B

Analytical Characteristics of Inorganic Species (Repealed)

721.TABLE C

Sample Preparation/Sample Introduction Techniques (Repealed)

721.APPENDIX G

Basis for Listing Hazardous Wastes

721.APPENDIX H

Hazardous Constituents

721.APPENDIX I

Wastes Excluded by Administrative Action

721.TABLE A

Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22

from Non-Specific Sources

721.TABLE B

Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22

from Specific Sources

721.TABLE C

Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22

from Commercial Chemical Products, Off-Specification Species,

Container Residues, and Soil Residues Thereof

721.TABLE D

Wastes Excluded by the Board by Adjusted Standard

721.APPENDIX J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans (Repealed)

721.APPENDIX Y

Table to Section 721.138

721.APPENDIX Z

Table to Section 721.102

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 22.4, and 22.23b and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2, 22.23b, 22.4 and

27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.

2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12,

1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December 11, 1984; amended in

R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998,

effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986;

amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill.

Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective

March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in

R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg.

19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January

15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39

at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382, effective

December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November 13, 1989;

amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill.

Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective

May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91-

1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in R91-12 at 16 Ill. Reg. 2155,

effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3, 1992;

amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.

17666, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26,

1993; amended in R93-4 at 17 Ill. Reg. 20568, effective November 22, 1993; amended in R93-

16 at 18 Ill. Reg. 6741, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175,

effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994;

amended in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 10963, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275,

effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998;

amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended

in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at

23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June

20, 2000; amended in R01-3 at 25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-

21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6584, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July

17, 2003; amended in R04-16 at 28 Ill. Reg. 10693, effective July 19, 2004; amended in R05-8 at

29 Ill. Reg. ___________, effective __________________.

SUBPART A: GENERAL PROVISIONS

Section 721.109

Requirements for Universal Waste

The wastes listed in this Section are exempt from regulation under 35 Ill. Adm. Code 702 703,

722 through 726, and 728, except as specified in 35 Ill. Adm. Code 733, and are therefore not

fully regulated as hazardous waste. The following wastes are subject to regulation under 35 Ill.

Adm. Code 733:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.106.

BOARD NOTE: Subsection (e) of this Section was added pursuant to Sections

3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see

P.A. 93-964, effective August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

724.101

Purpose, Scope, and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B: GENERAL FACILITY STANDARDS

Section

724.110 Applicability

724.111

USEPA Identification Number

724.112 Required

Notices

724.113

General Waste Analysis

General Requirements for Ignitable, Reactive, or Incompatible Wastes

724.118 Location

Standards

724.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130 Applicability

724.131

Design and Operation of Facility

724.132 Required

Equipment

724.133

Testing and Maintenance of Equipment

724.134

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724.150 Applicability

724.151

Purpose and Implementation of Contingency Plan

724.152

Content of Contingency Plan

724.153

Copies of Contingency Plan

724.154

Amendment of Contingency Plan

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

724.170 Applicability

724.171

Use of Manifest System

724.174 Availability,

Retention,

and Disposition of Records

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190 Applicability

724.194 Concentration

General Groundwater Monitoring Requirements

724.198

Detection Monitoring Program

724.199

Compliance Monitoring Program

Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

724.210 Applicability

724.211

Closure Performance Standard

724.212

Closure Plan; Amendment of Plan

724.213

Closure; Time Allowed For Closure

724.214

Disposal or Decontamination of Equipment, Structures, and Soils

724.215

Certification of Closure

724.216 Survey

Plat

724.217

Post-Closure Care and Use of Property

724.218

Post-Closure Care Plan; Amendment of Plan

724.219 Post-Closure

Notices

724.220

Certification of Completion of Post-Closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240 Applicability

724.241

Definitions of Terms as Used in This Subpart

724.242

Cost Estimate for Closure

724.243

Financial Assurance for Closure

724.244

Cost Estimate for Post-Closure Care

724.245

Financial Assurance for Post-Closure Care

724.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure

Incapacity of Owners or Operators, Guarantors, or Financial Institutions

724.251

Wording of the Instruments

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

724.270 Applicability

724.271

Condition of Containers

724.272

Compatibility of Waste with Container

724.273

Management of Containers

724.274 Inspections

724.275 Containment

724.276

Special Requirements for Ignitable or Reactive Waste

724.277

Special Requirements for Incompatible Wastes

724.278 Closure

724.279

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

724.290 Applicability

724.291

Assessment of Existing Tank System Integrity

724.292

Design and Installation of New Tank Systems or Components

724.293

Containment and Detection of Releases

724.294

General Operating Requirements

724.295 Inspections

724.296

Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank

Systems

724.297

Closure and Post-Closure Care

724.298

Special Requirements for Ignitable or Reactive Waste

724.299

Special Requirements for Incompatible Wastes

724.300

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320 Applicability

724.321

Design and Operating Requirements

Emergency Repairs; Contingency Plans

724.328

Closure and Post-Closure Care

724.329

Special Requirements for Ignitable or Reactive Waste

724.330

Special Requirements for Incompatible Wastes

724.331

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and

F027

724.332

Air Emission Standards

SUBPART L: WASTE PILES

Section

724.350 Applicability

724.351

Design and Operating Requirements

Special Requirements for Ignitable or Reactive Waste

724.357

Special Requirements for Incompatible Wastes

724.358

Closure and Post-Closure Care

724.359

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and

F027

SUBPART M: LAND TREATMENT

Section

724.370 Applicability

Design and Operating Requirements

724.379 Recordkeeping

724.380

Closure and Post-Closure Care

724.381

Special Requirements for Ignitable or Reactive Waste

724.382

Special Requirements for Incompatible Wastes

724.383

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and

F027

SUBPART N: LANDFILLS

Section

724.400 Applicability

724.401

Design and Operating Requirements

Surveying and Recordkeeping

724.410

Closure and Post-Closure Care

724.412

Special Requirements for Ignitable or Reactive Waste

724.413

Special Requirements for Incompatible Wastes

724.414

Special Requirements for Bulk and Containerized Liquids

724.415

Special Requirements for Containers

724.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

724.417

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and

F027

SUBPART O: INCINERATORS

Section

724.440 Applicability

724.441 Waste

Analysis

724.442

Principal Organic Hazardous Constituents (POHCs)

724.443 Performance

Standards

724.444

Hazardous Waste Incinerator Permits

SUBPART S: SPECIAL PROVISIONS FOR CLEANUP

Section

724.650

Applicability of Corrective Action Management Unit Regulations

724.651

Grandfathered Corrective Action Management Units

724.652

Corrective Action Management Units

Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills

SUBPART W: DRIP PADS

Section

724.670 Applicability

724.671

Assessment of Existing Drip Pad Integrity

724.672

Design and Installation of New Drip Pads

724.673

Design and Operating Requirements

724.674 Inspections

724.675 Closure

SUBPART X: MISCELLANEOUS UNITS

Section

724.700 Applicability

724.701

Environmental Performance Standards

724.702

Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action

724.703 Post-Closure

Care

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

724.930 Applicability

724.931 Definitions

724.932

Standards: Process Vents

724.933 Standards:

Closed-Vent

Systems and Control Devices

724.934

Test Methods and Procedures

724.935 Recordkeeping

Requirements

724.936 Reporting

Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950 Applicability

724.951 Definitions

724.952

Standards: Pumps in Light Liquid Service

724.953 Standards:

Compressors

724.954

Standards: Pressure Relief Devices in Gas/Vapor Service

724.955

Standards: Sampling Connecting Systems

724.956

Standards: Open-ended Valves or Lines

724.957

Standards: Valves in Gas/Vapor or Light Liquid Service

724.958

Standards: Pumps, Valves, Pressure Relief Devices, and Other Connectors

724.959

Standards: Delay of Repair

724.960 Standards:

Closed-Vent

Systems and Control Devices

724.961

Alternative Percentage Standard for Valves

724.962

Skip Period Alternative for Valves

724.963

Test Methods and Procedures

724.964 Recordkeeping

Requirements

724.965 Reporting

Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

724.980 Applicability

Waste Determination Procedures

724.984 Standards:

Tanks

724.985

Standards: Surface Impoundments

Systems and Control Devices

724.988

Inspection and Monitoring Requirements

724.989 Recordkeeping

Requirements for Tanks (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Section

724.1100 Applicability

724.1101

Design and Operating Standards

724.1102

Closure and Post-Closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

724.1200 Applicability

724.1201

Design and Operating Standards

724.1202

Closure and Post-Closure Care

724.APPENDIX A

Recordkeeping Instructions

724.APPENDIX B

EPA Report Form and Instructions (Repealed)

724.APPENDIX D

Cochran’s Approximation to the Behrens-Fisher Student’s T-Test

724.APPENDIX E

Examples of Potentially Incompatible Waste

724.APPENDIX I

Groundwater Monitoring List

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 22.4 and 22.23b and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2, 22.4, 22.23b and

27].

SOURCE: Adopted in R82-19 at 7 Ill. Reg. 14059, effective October 12, 1983; amended in

R84-9 at 9 Ill. Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1136,

effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14119, effective August 12, 1986;

amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987; amended in R86-28 at 11 Ill.

Reg. 8684, effective April 21, 1987; amended in R86-46 at 11 Ill. Reg. 13577, effective August

4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective November 12, 1987; amended in

R87-39 at 12 Ill. Reg. 13135, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 458,

effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18527, effective November 13,

1989; amended in R90-2 at 14 Ill. Reg. 14511, effective August 22, 1990; amended in R90-10 at

14 Ill. Reg. 16658, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9654,

effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14572, effective October 1, 1991;

amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg.

17702, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5806, effective March 26,

1993; amended in R93-4 at 17 Ill. Reg. 20830, effective November 22, 1993; amended in R93-

16 at 18 Ill. Reg. 6973, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12487,

effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17601, effective November 23, 1994;

amended in R95-6 at 19 Ill. Reg. 9951, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 11244, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 636,

effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7638, effective April 15, 1998;

amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17972, effective September 28, 1998; amended

in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186, effective January 19, 1999; amended in R99-15 at

23 Ill. Reg. 9437, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1146, effective

January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9833, effective June 20, 2000; expedited

correction at 25 Ill. Reg. 5115, effective June 20, 2000; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6635, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3725, effective

February 14, 2003; amended in R05-8 at 29 Ill. Reg. ___________, effective

__________________.

SUBPART A: GENERAL PROVISIONS

Section 724.101

Purpose, Scope, and Applicability

The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste.

The standards in this Part apply to owners and operators of all facilities that treat,

store, or dispose of hazardous waste, except as specifically provided otherwise in

this Part or 35 Ill. Adm. Code 721.

The requirements of this Part apply to a person disposing of hazardous waste by

means of ocean disposal subject to a permit issued under the federal Marine

Protection, Research and Sanctuaries Act (16 USC 1431-1434, 33 USC 1401) only

to the extent they are included in a RCRA permit by rule granted to such a person

under 35 Ill. Adm. Code 703.141. A “RCRA permit” is a permit required by

Section 21(f) of the Environmental Protection Act [415 ILCS 5/21(f)] and 35 Ill.

Adm. Code 703.121.

BOARD NOTE: This Part does apply to the treatment or storage of hazardous

waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

The requirements of this Part apply to a person disposing of hazardous waste by

means of underground injection subject to a permit issued by the Agency pursuant

to Section 12(g) of the Environmental Protection Act [415 ILCS 5/12(g)] only to

the extent they are required by Subpart F of 35 Ill. Adm. Code 704.

BOARD NOTE: This Part does apply to the above-ground treatment or storage of

hazardous waste before it is injected underground.

The requirements of this Part apply to the owner or operator of a POTW (publicly

owned treatment works) that treats, stores, or disposes of hazardous waste only to

the extent included in a RCRA permit by rule granted to such a person under 35 Ill.

Adm. Code 703.141.

This subsection (f) corresponds with 40 CFR 264.1(f), which provides that the

federal regulations do not apply to T/S/D activities in authorized states, except

under limited, enumerated circumstances. This statement maintains structural

consistency with USEPA rules.

The requirements of this Part do not apply to the following:

The owner or operator of a facility permitted by the Agency under Section

21 of the Environmental Protection Act [415 ILCS 5/21] to manage

municipal or industrial solid waste, if the only hazardous waste the facility

treats, stores, or disposes of is excluded from regulation under this Part by

35 Ill. Adm. Code 721.105.

BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.

Code 807 and may have to have a supplemental permit under 35 Ill. Adm.

Code 807.210.

The owner or operator of a facility managing recyclable materials described

in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4) (except to the extent that

requirements of this Part are referred to in Subpart C, F, G, or H of 35 Ill.

Adm. Code 726 or 35 Ill. Adm. Code 739).

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134.

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170.

The owner or operator of a totally enclosed treatment facility, as defined in

35 Ill. Adm. Code 720.110.

The owner or operator of an elementary neutralization unit or a wastewater

treatment unit, as defined in 35 Ill. Adm. Code 720.110, provided that if the

owner or operator is diluting hazardous ignitable (D001) wastes (other than

the D001 High TOC Subcategory defined in Table T to 35 Ill. Adm. Code

728) or reactive (D003) waste to remove the characteristic before land

disposal, the owner or operator must comply with the requirements set out

in Section 724.117(b).

This subsection (g)(7) corresponds with 40 CFR 264.1(g)(7), reserved by

USEPA. This statement maintains structural consistency with USEPA

rules.

8) Immediate

response.

Except as provided in subsection (g)(8)(B) of this Section, a person

engaged in treatment or containment activities during immediate

response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of

hazardous waste;

iii)

A discharge of a material that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

An owner or operator of a facility otherwise regulated by this Part

must comply with all applicable requirements of Subparts C and D

of this Part.

Any person that is covered by subsection (g)(8)(A) of this Section

and that continues or initiates hazardous waste treatment or

containment activities after the immediate response is over is subject

to all applicable requirements of this Part and 35 Ill. Adm. Code

702, 703, and 705 for those activities.

In the case of an explosives or munitions emergency response, if a

federal, State, or local official acting within the scope of his or her

official responsibilities or an explosives or munitions emergency

response specialist determines that immediate removal of the

material or waste is necessary to protect human health or the

environment, that official or specialist may authorize the removal

of the material or waste by transporters that do not have USEPA

identification numbers and without the preparation of a manifest.

In the case of emergencies involving military munitions, the

responding military emergency response specialist’s organizational

unit must retain records for three years identifying the dates of the

response, the responsible persons responding, the type and

description of material addressed, and its disposition.

A transporter storing manifested shipments of hazardous waste in containers

meeting the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility

for a period of ten days or less.

10)

The addition of absorbent materials to waste in a container (as defined in 35

Ill. Adm. Code 720) or the addition of waste to absorbent material in a

container, provided these actions occur at the time waste is first placed in

the container, and Sections 724.117(b), 724.271, and 724.272 are complied

with.

11)

A universal waste handler or universal waste transporter (as defined in 35

Ill. Adm. Code 720.110) that handles any of the wastes listed below is

subject to regulation under 35 Ill. Adm. Code 733 when handling the

following universal wastes:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment as described in 35 Ill. Adm. Code

733.106.

BOARD NOTE: Subsection (g)(11)(E) of this Section was added

pursuant to Sections 3.283, 3.284, and 22.23b of the Act [415

ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964, effective

August 20, 2004).

This Part applies to owners and operators of facilities that treat, store, or dispose of

hazardous wastes referred to in 35 Ill. Adm. Code 728.

35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to

the storage of military munitions classified as solid waste under 35 Ill. Adm. Code

726.302. The treatment and disposal of hazardous waste military munitions are

subject to the applicable permitting, procedural, and technical standards in 35 Ill.

Adm. Code 702, 703, 705, 720 through 726, and 728.

The requirements of Subparts B, C, and D of this Part and Section 724.201 do not

apply to remediation waste management sites. (However, some remediation waste

management sites may be a part of a facility that is subject to a traditional RCRA

permit because the facility is also treating, storing, or disposing of hazardous wastes

that are not remediation wastes. In these cases, Subparts B, C, and D of this Part,

and Section 724.201 do apply to the facility subject to the traditional RCRA

permit.) Instead of the requirements of Subparts B, C, and D of this Part, owners or

operators of remediation waste management sites must comply with the following

requirements:

The owner or operator must obtain a USEPA identification number by

applying to USEPA using USEPA Form 8700-12;

The owner or operator must obtain a detailed chemical and physical

analysis of a representative sample of the hazardous remediation wastes to

be managed at the site. At a minimum, the analysis must contain all of the

information that must be known to treat, store, or dispose of the waste

according to this Part and 35 Ill. Adm. Code 728, and the owner or operator

must keep the analysis accurate and up to date;

The owner or operator must prevent people who are unaware of the danger

from entering the site, and the owner or operator must minimize the

possibility for unauthorized people or livestock entering onto the active

portion of the remediation waste management site, unless the owner or

operator can demonstrate the following to the Agency:

That physical contact with the waste, structures, or equipment

within the active portion of the remediation waste management site

will not injure people or livestock that may enter the active portion

of the remediation waste management site; and

That disturbance of the waste or equipment by people or livestock

that enter onto the active portion of the remediation waste

management site will not cause a violation of the requirements of

this Part;

The owner or operator must inspect the remediation waste management site

for malfunctions, deterioration, operator errors, and discharges that may be

causing or may lead to a release of hazardous waste constituents to the

environment or a threat to human health. The owner or operator must

conduct these inspections often enough to identify problems in time to

correct them before they harm human health or the environment, and the

owner or operator must remedy the problem before it leads to a human

health or environmental hazard. Where a hazard is imminent or has already

occurred, the owner or operator must immediately take remedial action;

The owner or operator must provide personnel with classroom or on-the-job

training on how to perform their duties in a way that ensures the

remediation waste management site complies with the requirements of this

Part, and on how to respond effectively to emergencies;

The owner or operator must take precautions to prevent accidental ignition

or reaction of ignitable or reactive waste, and the owner or operator must

prevent threats to human health and the environment from ignitable,

reactive, and incompatible waste;

For remediation waste management sites subject to regulation under

Subparts I through O and Subpart X of this Part, the owner or operator must

design, construct, operate, and maintain a unit within a 100-year floodplain

to prevent washout of any hazardous waste by a 100-year flood, unless the

owner or operator can meet the requirements of Section 724.118(b);

The owner or operator must not place any non-containerized or bulk liquid

hazardous waste in any salt dome formation, salt bed formation,

underground mine, or cave;

The owner or operator must develop and maintain a construction quality

assurance program for all surface impoundments, waste piles, and landfill

units that are required to comply with Sections 724.321(c) and (d),

724.351(c) and (d), and 724.401(c) and (d) at the remediation waste

management site, according to the requirements of Section 724.119;

10)

The owner or operator must develop and maintain procedures to prevent

accidents and a contingency and emergency plan to control accidents that

occur. These procedures must address proper design, construction,

maintenance, and operation of remediation waste management units at the

site. The goal of the plan must be to minimize the possibility of, and the

hazards from, a fire, explosion, or any unplanned sudden or non-sudden

release of hazardous waste or hazardous waste constituents to air, soil, or

surface water that could threaten human health or the environment. The

plan must explain specifically how to treat, store, and dispose of the

hazardous remediation waste in question, and must be implemented

immediately whenever a fire, explosion, or release of hazardous waste or

hazardous waste constituents occurs that could threaten human health or the

environment;

11)

The owner or operator must designate at least one employee, either on the

facility premises or on call (that is, available to respond to an emergency by

reaching the facility quickly), to coordinate all emergency response

measures. This emergency coordinator must be thoroughly familiar with all

aspects of the facility’s contingency plan, all operations and activities at the

facility, the location and characteristics of waste handled, the location of all

records within the facility, and the facility layout. In addition, this person

must have the authority to commit the resources needed to carry out the

contingency plan;

12)

The owner or operator must develop, maintain, and implement a plan to

meet the requirements in subsections (j)(2) through (j)(6) and (j)(9) through

(j)(10) of this Section; and

13)

The owner or operator must maintain records documenting compliance with

subsections (j)(1) through (j)(12) of this Section.

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL

FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

725.101

Purpose, Scope, and Applicability

725.104

Imminent Hazard Action

SUBPART B: GENERAL FACILITY STANDARDS

Section

725.110 Applicability

725.111

USEPA Identification Number

725.112 Required

Notices

725.113

General Waste Analysis

General Requirements for Ignitable, Reactive, or Incompatible Wastes

725.118 Location

Standards

725.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

725.130 Applicability

725.131

Maintenance and Operation of Facility

725.132 Required

Equipment

725.133

Testing and Maintenance of Equipment

725.134

Access to Communications or Alarm System

725.135

Required Aisle Space

725.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

725.150 Applicability

725.151

Purpose and Implementation of Contingency Plan

725.152

Content of Contingency Plan

725.153

Copies of Contingency Plan

725.154

Amendment of Contingency Plan

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

725.170 Applicability

725.171

Use of Manifest System

725.174 Availability,

Retention

and Disposition of Records

SUBPART F: GROUNDWATER MONITORING

Section

725.190 Applicability

725.191

Groundwater Monitoring System

725.192

Sampling and Analysis

725.193

Preparation, Evaluation and Response

725.194

Recordkeeping and Reporting

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

725.210 Applicability

725.211

Closure Performance Standard

725.212

Closure Plan; Amendment of Plan

725.213

Closure; Time Allowed for Closure

725.214

Disposal or Decontamination of Equipment, Structures and Soils

725.215

Certification of Closure

725.216 Survey

Plat

725.217

Post-closure Care and Use of Property

725.218

Post-Closure Care Plan; Amendment of Plan

725.219 Post-Closure

Notices

725.220

Certification of Completion of Post-Closure Care

725.221

Alternative Post-Closure Care Requirements

SUBPART H: FINANCIAL REQUIREMENTS

Section

725.240 Applicability

725.241

Definitions of Terms as Used in this Subpart

725.242

Cost Estimate for Closure

725.243

Financial Assurance for Closure

725.244

Cost Estimate for Post-closure Care

725.245

Financial Assurance for Post-closure Monitoring and Maintenance

725.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Incapacity of Owners or Operators, Guarantors or Financial Institutions

725.251

Promulgation of Forms (Repealed)

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

725.270 Applicability

725.271

Condition of Containers

725.272

Compatibility of Waste with Container

725.273

Management of Containers

725.274 Inspections

725.276

Special Requirements for Ignitable or Reactive Waste

725.277

Special Requirements for Incompatible Wastes

725.278

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

725.290 Applicability

725.291

Assessment of Existing Tank System’s Integrity

725.292

Design and Installation of New Tank Systems or Components

725.293

Containment and Detection of Releases

725.294

General Operating Requirements

725.295 Inspections

725.296

Response to leaks or spills and disposition of Tank Systems

725.297

Closure and Post-Closure Care

725.298

Special Requirements for Ignitable or Reactive Waste

725.299

Special Requirements for Incompatible Wastes

725.300

Waste Analysis and Trial Tests

725.301

Generators of 100 to 1000 Kilograms of Hazardous Waste Per Month

725.302

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Section

725.320 Applicability

725.321

Design and Operating Requirements

Waste Analysis and Trial Tests

Closure and Post-closure Care

725.329

Special Requirements for Ignitable or Reactive Waste

725.330

Special Requirements for Incompatible Wastes

725.331

Air Emission Standards

SUBPART L: WASTE PILES

Section

725.350 Applicability

Design and Operating Requirements

725.355

Action Leakage Rates

725.356

Special Requirements for Ignitable or Reactive Waste

725.357

Special Requirements for Incompatible Wastes

725.358

Closure and Post-closure Care

SUBPART M: LAND TREATMENT

Section

725.370 Applicability

725.372

General Operating Requirements

Unsaturated Zone (Zone of Aeration) Monitoring

725.379 Recordkeeping

Special Requirements for Ignitable or Reactive Waste

725.382

Special Requirements for Incompatible Wastes

SUBPART N: LANDFILLS

Section

725.400 Applicability

Surveying and Recordkeeping

Special Requirements for Ignitable or Reactive Waste

725.413

Special Requirements for Incompatible Wastes

725.414

Special Requirements for Liquid Wastes

725.415

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

SUBPART O: INCINERATORS

Section

725.440 Applicability

725.441 Waste

Analysis

725.445

General Operating Requirements

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Section

725.470

Other Thermal Treatment

725.473

General Operating Requirements

Open Burning; Waste Explosives

725.483

Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste

SUBPART Q: CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT

Section

725.500 Applicability

725.501

General Operating Requirements

725.502

Waste Analysis and Trial Tests

725.503 Inspections

725.504 Closure

725.505

Special Requirements for Ignitable or Reactive Waste

725.506

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND INJECTION

Section

725.530 Applicability

SUBPART W: DRIP PADS

Section

725.540 Applicability

725.541

Assessment of existing drip pad integrity

725.542

Design and installation of new drip pads

725.543

Design and operating requirements

725.544 Inspections

725.545 Closure

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

725.930 Applicability

725.931 Definitions

725.932

Standards: Process Vents

725.933 Standards:

Closed-vent

Systems and Control Devices

725.934

Test methods and procedures

725.935 Recordkeeping

Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

725.950 Applicability

725.951 Definitions

725.952

Standards: Pumps in Light Liquid Service

725.953 Standards:

Compressors

725.954

Standards: Pressure Relief Devices in Gas/Vapor Service

725.955

Standards: Sampling Connecting Systems

725.956

Standards: Open-ended Valves or Lines

725.957

Standards: Valves in Gas/Vapor or Light Liquid Service

725.958

Standards: Pumps, Valves, Pressure Relief Devices, Flanges and other

Connectors

725.959

Standards: Delay of Repair

725.960 Standards:

Closed-vent

Systems and Control Devices

725.961

Percent Leakage Alternative for Valves

725.962

Skip Period Alternative for Valves

725.963

Test Methods and Procedures

725.964 Recordkeeping

Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

725.980 Applicability

725.981 Definitions

725.982

Schedule for Implementation of Air Emission Standards

725.983 Standards:

General

725.984

Waste Determination Procedures

725.985 Standards:

Tanks

725.986

Standards: Surface Impoundments

Systems and Control Devices

725.989

Inspection and Monitoring Requirements

725.990 Recordkeeping

Requirements

725.991

Alternative Tank Emission Control Requirements (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Section

725.1100 Applicability

725.1101

Design and operating standards

725.1102

Closure and Post Closure-Care

Subpart EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

725.1200 Applicability

725.1201 Design

and

Operating Standards operating standards

725.1202 Closure

and

Post-Closure Care post-closure care

725.APPENDIX A

Recordkeeping Instructions

725.APPENDIX B

EPA Report Form and Instructions (Repealed)

725.APPENDIX C

EPA Interim Primary Drinking Water Standards

725.APPENDIX D

Tests for Significance

725.APPENDIX E

Examples of Potentially Incompatible Waste

725.APPENDIX F

Compounds With Henry’s Law Constant Less Than 0.1 Y/X (at 25°C)

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 22.4, and 22.23b and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2, 22.23b, 22.4, and

27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and

codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.

2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 14034, effective October 12,

1983; amended in R84-9 at 9 Ill. Reg. 11869, effective July 24, 1985; amended in R85-22 at 10

Ill. Reg. 1085, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective

August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987; amended in

R86-46 at 11 Ill. Reg. 13489, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19338,

effective November 10, 1987; amended in R87-26 at 12 Ill. Reg. 2485, effective January 15,

1988; amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988; amended in R88-16 at

13 Ill. Reg. 437, effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18354, effective

November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August 22, 1990;

amended in R90-10 at 14 Ill. Reg. 16498, effective September 25, 1990; amended in R90-11 at

15 Ill. Reg. 9398, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534, effective

October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9578, effective June 9, 1992; amended in

R92-1 at 16 Ill. Reg. 17672, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg.

5681, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20620, effective November 22,

1993; amended in R93-16 at 18 Ill. Reg. 6771, effective April 26, 1994; amended in R94-7 at 18

Ill. Reg. 12190, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17548, effective

November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9566, effective June 27, 1995; amended in

R95-20 at 20 Ill. Reg. 11078, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22

Ill. Reg. 369, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7620, effective

April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17620, effective September 28,

1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1850, effective January 19, 1999;

amended in R99-15 at 23 Ill. Reg. 9168, effective July 26, 1999; amended in R00-5 at 24 Ill.

Reg. 1076, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9575, effective June 20,

2000; amended in R03-7 at 27 Ill. Reg. 4187, effective February 14, 2003; amended in R05-8 at

29 Ill. Reg. ___________, effective __________________.

SUBPART A: GENERAL PROVISIONS

Section 725.101

Purpose, Scope, and Applicability

The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste during the period of interim status and

until certification of final closure or, if the facility is subject to post-closure care

requirements, until post-closure care responsibilities are fulfilled.

Except as provided in Section 725.980(b), the standards in this Part and 35 Ill.

Adm. Code 724.652 through 724.654 apply to owners and operators of facilities

that treat, store, or dispose of hazardous waste that have fully complied with the

requirements for interim status under Section 3005(e) of the Resource Conservation

and Recovery Act (RCRA) (42 USC 6901 et seq.) and 35 Ill. Adm. Code 703, until

either a permit is issued under Section 3005 of the Resource Conservation and

Recovery Act or Section 21(f) of the Environmental Protection Act, or until

applicable closure and post-closure care responsibilities under this Part are fulfilled,

and to those owners and operators of facilities in existence on November 19, 1980,

that have failed to provide timely notification as required by Section 3010(a) of

RCRA or that have failed to file Part A of the Permit Application, as required by 40

CFR 270.10(e) and (g) or 35 Ill. Adm. Code 703.150 and 703.152. These standards

apply to all treatment, storage, or disposal of hazardous waste at these facilities after

November 19, 1980, except as specifically provided otherwise in this Part or 35 Ill.

Adm. Code 721.

BOARD NOTE: As stated in Section 3005(a) of RCRA, after the effective date of

regulations under that Section (i.e., 40 CFR 270 and 124) the treatment, storage, or

disposal of hazardous waste is prohibited except in accordance with a permit.

Section 3005(e) of RCRA provides for the continued operation of an existing

facility that meets certain conditions until final administrative disposition of the

owner’s and operator’s permit application is made. 35 Ill. Adm. Code 703.140 et

seq. provide that a permit is deemed issued under Section 21(f)(1) of the

Environmental Protection Act under conditions similar to federal interim status.

The requirements of this Part do not apply to:

A person disposing of hazardous waste by means of ocean disposal subject

to a permit issued under the Marine Protection, Research and Sanctuaries

Act (16 USC 1431-1434; 33 USC 1401);

BOARD NOTE: This Part applies to the treatment or storage of hazardous

waste before it is loaded into an ocean vessel for incineration or disposal at

sea, as provided in subsection (b) of this Section.

This subsection corresponds with 40 CFR 265.1(c)(2), marked “reserved”

by USEPA. This statement maintains structural consistency with USEPA

rules;

The owner or operator of a POTW (publicly owned treatment works) that

treats, stores, or disposes of hazardous waste;

BOARD NOTE: The owner or operator of a facility under subsections

(c)(1) and (c)(3) is subject to the requirements of 35 Ill. Adm. Code 724 to

the extent they are included in a permit by rule granted to such a person

under 35 Ill. Adm. Code 702 and 703 or are required by 35 Ill. Adm. Code

704.Subpart F.

This subsection corresponds with 40 CFR 265.1(c)(4), which pertains

exclusively to the applicability of the federal regulations in authorized

states. There is no need for a parallel provision in the Illinois regulations.

This statement maintains structural consistency with USEPA rules;

The owner or operator of a facility permitted, licensed, or registered by

Illinois to manage municipal or industrial solid waste, if the only hazardous

waste the facility treats, stores, or disposes of is excluded from regulation

under this Part by 35 Ill. Adm. Code 721.105;

The owner or operator of a facility managing recyclable materials described

in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4), except to the extent that

requirements of this Part are referred to in 35 Ill. Adm. Code 726.Subparts

C, F, G, or H or 35 Ill. Adm. Code 739;

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134, except to the extent the requirements are included in 35 Ill.

Adm. Code 722.134;

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170;

The owner or operator of a totally enclosed treatment facility, as defined in

35 Ill. Adm. Code 720.110;

10)

The owner or operator of an elementary neutralization unit or a wastewater

treatment unit as defined in 35 Ill. Adm. Code 720.110, provided that if the

owner or operator is diluting hazardous ignitable (D001) wastes (other than

the D001 High TOC Subcategory defined in 35 Ill. Adm. Code 728.Table

T) or reactive (D003) waste in order to remove the characteristic before land

disposal, the owner or operator shall comply with the requirements set out

in Section 725.117(b);

11) Immediate

response:

Except as provided in subsection (c)(11)(B) of this Section, a person

engaged in treatment or containment activities during immediate

response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of a

hazardous waste;

iii)

A discharge of a material that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

An owner or operator of a facility otherwise regulated by this Part

shall comply with all applicable requirements of Subparts C and D

of this Part.

Any person that is covered by subsection (c)(11)(A) of this Section

that continues or initiates hazardous waste treatment or containment

activities after the immediate response is over is subject to all

applicable requirements of this Part and 35 Ill. Adm. Code 702, 703,

and 705 for those activities;

In the case of an explosives or munitions emergency response, if a

federal, state, or local official acting within the scope of his or her

official responsibilities or an explosives or munitions emergency

response specialist determines that immediate removal of the

material or waste is necessary to protect human health or the

environment, that official or specialist may authorize the removal

of the material or waste by transporters that do not have USEPA

identification numbers and without the preparation of a manifest.

In the case of emergencies involving military munitions, the

responding military emergency response specialist’s organizational

unit shall retain records for three years identifying the dates of the

response, the responsible persons responding, the type and

description of material addressed, and its disposition;

12)

A transporter storing manifested shipments of hazardous waste in containers

meeting the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility

for a period of ten days or less;

13)

The addition of absorbent material to waste in a container (as defined in 35

Ill. Adm. Code 720.110) or the addition of waste to the absorbent material

in a container, provided that these actions occur at the time that the waste is

first placed in the containers and Sections 725.117(b), 725.271, and 725.272

are complied with;

14)

A universal waste handler or universal waste transporter (as defined in 35

Ill. Adm. Code 720.110) that handles any of the wastes listed below is

subject to regulation under 35 Ill. Adm. Code 733 when handling the

following universal wastes:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment as described in 35 Ill. Adm. Code

733.106.

BOARD NOTE: Subsection (c)(14)(E) of this Section was added

pursuant to Sections 3.283, 3.284, and 22.23b of the Act [415

ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964, effective

August 20, 2004).

The following hazardous wastes must not be managed at facilities subject to

regulation under this Part: hazardous waste numbers F020, F021, F022, F023,

F026, or F027 unless:

The wastewater treatment sludge is generated in a surface impoundment as

part of the plant’s wastewater treatment system;

The waste is stored in tanks or containers;

The waste is stored or treated in waste piles that meet the requirements of

35 Ill. Adm. Code 724.350(c) and all other applicable requirements of

Subpart L of this Part;

The waste is burned in incinerators that are certified pursuant to the

standards and procedures in Section 725.452; or

The waste is burned in facilities that thermally treat the waste in a device

other than an incinerator and that are certified pursuant to the standards and

procedures in Section 725.483.

This Part applies to owners and operators of facilities that treat, store, or dispose of

hazardous wastes referred to in 35 Ill. Adm. Code 728, and the 35 Ill. Adm. Code

728 standards are considered material conditions or requirements of the interim

status standards of this Part.

35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to

the storage of military munitions classified as solid waste under 35 Ill. Adm. Code

726.302. The treatment and disposal of hazardous waste military munitions are

subject to the applicable permitting, procedural, and technical standards in 35 Ill.

Adm. Code 702, 703, 705, 720 through 726, and 728.

Other bodies of regulations may apply to a person, facility, or activity, such as 35

Ill. Adm. Code 809 (special waste hauling), 35 Ill. Adm. Code 807 or 810 through

817 (solid waste landfills), 35 Ill. Adm. Code 848 or 849 (used and scrap tires), or

35 Ill. Adm. Code 1420 through 1422 (potentially infectious medical waste),

depending on the provisions of those other regulations.

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 728

LAND DISPOSAL RESTRICTIONS

SUBPART A: GENERAL

Section

728.101

Purpose, Scope, and Applicability

728.102 Definitions

728.103

Dilution Prohibited as a Substitute for Treatment

728.104

Treatment Surface Impoundment Exemption

728.105

Procedures for Case-by-Case Extensions to an Effective Date

728.106

Petitions to Allow Land Disposal of a Waste Prohibited under Subpart C

728.107

Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and

Disposal Facilities

728.108

Landfill and Surface Impoundment Disposal Restrictions (Repealed)

728.109

Special Rules for Characteristic Wastes

SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND

ESTABLISHMENT OF TREATMENT STANDARDS

Section

728.110

First Third (Repealed)

728.111

Second Third (Repealed)

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section

728.130 Waste-Specific

Prohibitions: Wood Preserving Wastes

728.131 Waste-Specific

Prohibitions:

Dioxin-Containing Wastes

728.132

Waste-Specific Prohibitions: Soils Exhibiting the Toxicity Characteristic for

Metals and Containing PCBs

728.133

Waste-Specific Prohibitions: Chlorinated Aliphatic Wastes

728.134

Waste-Specific Prohibitions: Toxicity Characteristic Metal Wastes

728.135 Waste-Specific

Prohibitions:

Petroleum Refining Wastes

728.136

Waste-Specific Prohibitions: Inorganic Chemical Wastes

728.137

Waste-Specific Prohibitions: Ignitable and Corrosive Characteristic Wastes

Whose Treatment Standards Were Vacated

728.138

Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic

Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production Wastes

728.139

Waste-Specific Prohibitions: Spent Aluminum Potliners and Carbamate Wastes

SUBPART D: TREATMENT STANDARDS

Section

728.140

Applicability of Treatment Standards

728.141

Treatment Standards Expressed as Concentrations in Waste Extract

728.142

Treatment Standards Expressed as Specified Technologies

728.143

Treatment Standards Expressed as Waste Concentrations

728.144

Adjustment of Treatment Standard

728.145

Treatment Standards for Hazardous Debris

728.146

Alternative Treatment Standards Based on HTMR

728.148

Universal Treatment Standards

728.149

Alternative LDR Treatment Standards for Contaminated Soil

SUBPART E: PROHIBITIONS ON STORAGE

Section

728.150

Prohibitions on Storage of Restricted Wastes

728.APPENDIX A

Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)

728.APPENDIX B

Treatment Standards (As concentrations in the Treatment Residual

Extract) (Repealed)

728.APPENDIX C

List of Halogenated Organic Compounds Regulated under Section

728.132

728.APPENDIX D

Wastes Excluded from Lab Packs

728.APPENDIX E

Organic Lab Packs (Repealed)

728.APPENDIX F

Technologies to Achieve Deactivation of Characteristics

728.APPENDIX G

Federal Effective Dates

728.APPENDIX H

National Capacity LDR Variances for UIC Wastes

728.APPENDIX I

EP Toxicity Test Method and Structural Integrity Test

728.APPENDIX J

Recordkeeping, Notification, and Certification Requirements (Repealed)

728.APPENDIX K

Metal-Bearing Wastes Prohibited from Dilution in a Combustion Unit

According to Section 728.103(c)

728.TABLE A

Constituent Concentrations in Waste Extract (CCWE)

728.TABLE B

Constituent Concentrations in Wastes (CCW)

728.TABLE C

Technology Codes and Description of Technology-Based Standards

728.TABLE D

Technology-Based Standards by RCRA Waste Code

728.TABLE E

Standards for Radioactive Mixed Waste

728.TABLE F

Alternative Treatment Standards for Hazardous Debris

728.TABLE G

Alternative Treatment Standards Based on HTMR

728.TABLE H

Wastes Excluded from CCW Treatment Standards

728.TABLE I

Generator Paperwork Requirements

728.TABLE T

Treatment Standards for Hazardous Wastes

728.TABLE U

Universal Treatment Standards (UTS)

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 22.4, and 22.23b and authorized by

Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2, 22.4, 22.23b, and

27].

SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended in

R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18403,

effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6232, effective April 16, 1990;

amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990; amended in R90-10 at 14 Ill.

Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9462, effective

June 17, 1991; amended in R90-11 at 15 Ill. Reg. 11937, effective August 12, 1991; amendment

withdrawn at 15 Ill. Reg. 14716, October 11, 1991; amended in R91-13 at 16 Ill. Reg. 9619,

effective June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5727, effective March 26, 1993;

amended in R93-4 at 17 Ill. Reg. 20692, effective November 22, 1993; amended in R93-16 at 18

Ill. Reg. 6799, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July

29, 1994; amended in R94-17 at 18 Ill. Reg. 17563, effective November 23, 1994; amended in

R95-6 at 19 Ill. Reg. 9660, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100,

effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 783, effective

December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7685, effective April 15, 1998; amended

in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17706, effective September 28, 1998; amended in R98-

21/R99-2/R99-7 at 23 Ill. Reg. 1964, effective January 19, 1999; amended in R99-15 at 23 Ill.

Reg. 9204, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9623, effective June 20,

2000; amended in R01-3 at 25 Ill. Reg. 1296, effective January 11, 2001; amended in R01-

21/R01-23 at 25 Ill. Reg. 9181, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26

Ill. Reg. 6687, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 13045, effective July

17, 2003; amended in R05-8 at 29 Ill. Reg. ___________, effective __________________.

SUBPART A: GENERAL

Section 728.101

Purpose, Scope, and Applicability

This Part identifies hazardous wastes that are restricted from land disposal and

defines those limited circumstances under which an otherwise prohibited waste

may continue to be land disposed.

Except as specifically provided otherwise in this Part or 35 Ill. Adm. Code 721,

the requirements of this Part apply to persons that generate or transport hazardous

waste and to owners and operators of hazardous waste treatment, storage, and

disposal facilities.

Restricted wastes may continue to be land disposed as follows:

Where a person has been granted an extension to the effective date of a

prohibition under Subpart C of this Part or pursuant to Section 728.105,

with respect to those wastes covered by the extension;

Where a person has been granted an exemption from a prohibition

pursuant to a petition under Section 728.106, with respect to those wastes

and units covered by the petition;

A waste that is hazardous only because it exhibits a characteristic of

hazardous waste and which is otherwise prohibited under this Part is not

prohibited if the following is true of the waste:

The waste is disposed into a nonhazardous or hazardous waste

injection well, as defined in 35 Ill. Adm. Code 704.106(a); and

The waste does not exhibit any prohibited characteristic of

hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721

at the point of injection.

A waste that is hazardous only because it exhibits a characteristic of

hazardous waste and which is otherwise prohibited under this Part is not

prohibited if the waste meets any of the following criteria, unless the

waste is subject to a specified method of treatment other than DEACT in

Section 728.140 or is D003 reactive cyanide:

Any of the following is true of either treatment or management of

the waste:

The waste is managed in a treatment system that

subsequently discharges to waters of the United States

pursuant to a permit issued under 35 Ill. Adm. Code 309;

ii)

The waste is treated for purposes of the pretreatment

requirements of 35 Ill. Adm. Code 307 and 310; or

iii)

The waste is managed in a zero discharge system engaged

in Clean Water Act (CWA)-equivalent treatment, as

defined in Section 728.137(a); and

The waste no longer exhibits a prohibited characteristic of

hazardous waste at the point of land disposal (i.e., placement in a

surface impoundment).

This Part does not affect the availability of a waiver under Section 121(d)(4) of

the Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (CERCLA) (42 USC 9621(d)(4)).

The following hazardous wastes are not subject to any provision of this Part:

Waste generated by small quantity generators of less than 100 kg of non-

acute hazardous waste or less than 1 kg of acute hazardous waste per

month, as defined in 35 Ill. Adm. Code 721.105;

Waste pesticide that a farmer disposes of pursuant to 35 Ill. Adm. Code

722.170;

Waste identified or listed as hazardous after November 8, 1984, for which

USEPA has not promulgated a land disposal prohibition or treatment

standard;

De minimis losses of waste that exhibits a characteristic of hazardous

waste to wastewaters are not considered to be prohibited waste and are

defined as losses from normal material handling operations (e.g., spills

from the unloading or transfer of materials from bins or other containers or

leaks from pipes, valves, or other devices used to transfer materials);

minor leaks of process equipment, storage tanks, or containers; leaks from

well-maintained pump packings and seals; sample purgings; relief device

discharges; discharges from safety showers and rinsing and cleaning of

personal safety equipment; rinsate from empty containers or from

containers that are rendered empty by that rinsing; and laboratory waste

that does not exceed one percent of the total flow of wastewater into the

facility’s headworks on an annual basis, or with a combined annualized

average concentration not exceeding one part per million (ppm) in the

headworks of the facility’s wastewater treatment or pretreatment facility;

Land disposal prohibitions for hazardous characteristic wastes do not

apply to laboratory wastes displaying the characteristic of ignitability

(D001), corrosivity (D002), or organic toxicity (D012 through D043) that

are mixed with other plant wastewaters at facilities whose ultimate

discharge is subject to regulation under the CWA (including wastewaters

at facilities that have eliminated the discharge of wastewater), provided

that the annualized flow of laboratory wastewater into the facility’s

headworks does not exceed one percent or that the laboratory wastes’

combined annualized average concentration does not exceed one part per

million in the facility’s headworks.

A universal waste handler or universal waste transporter (as defined in 35 Ill.

Adm. Code 720.110) is exempt from Sections 728.107 and 728.150 for the

hazardous wastes listed below. Such a handler or transporter is subject to

regulation under 35 Ill. Adm. Code 733.

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Lamps, as described in 35 Ill. Adm. Code 733.105; and.

Mercury-containing equipment as described in 35 Ill. Adm. Code 733.106.

BOARD NOTE: Subsection (f)(5) of this Section was added pursuant to

Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/.283, 3.284, and

22.23b] (see P.A. 93-964, effective August 20, 2004).

This Part is cumulative with the land disposal restrictions of 35 Ill. Adm. Code

729. The Environmental Protection Agency (Agency) must not issue a

wastestream authorization pursuant to 35 Ill. Adm. Code 709 or Section 22.6 or

39(h) of the Environmental Protection Act [415 ILCS 5/22.6 or 39(h)] unless the

waste meets the requirements of this Part as well as 35 Ill. Adm. Code 729.

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 733

STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

SUBPART A: GENERAL

Section

733.101 Scope

733.102 Applicability--Batteries

733.103 Applicability--Pesticides

733.104 Applicability--Mercury

Thermostats

733.105 Applicability--Lamps.

733.106

Applicability--Mercury-Containing EquipmentDefinitions (Renumbered)

733.107 Applicability--Mercury-Containing Lamps (Repealed)

733.108 Applicability--Household and Conditionally Exempt Small Quantity Generator

Waste

733.109 Definitions

SUBPART B: STANDARDS FOR SMALL QUANTITY HANDLERS

Section

733.110 Applicability

Accumulation Time Limits

Tracking Universal Waste Shipments

733.120 Exports

SUBPART C: STANDARDS FOR LARGE QUANTITY HANDLERS

Section

733.130 Applicability

Accumulation Time Limits

Tracking Universal Waste Shipments

733.140 Exports

SUBPART D: STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS

Section

733.150 Applicability

Accumulation Time Limits

SUBPART E: STANDARDS FOR DESTINATION FACILITIES

Section

733.160 Applicability

733.161 Off-Site

Shipments

733.162

Tracking Universal Waste Shipments

SUBPART F: IMPORT REQUIREMENTS

Section

733.170 Imports

SUBPART G: PETITIONS TO INCLUDE OTHER WASTES

Section

733.180 General

733.181

Factors for Petitions to Include Other Wastes

AUTHORITY: Implementing Sections 3.283, 3.284, 7.2, 22.4, 22.23a, and 22.23b and

authorized by Section 27 of the Environmental Protection Act [415 ILCS 5/3.283, 3.284, 7.2,

22.4, 22.23a, 22.23b, and 27].

SOURCE: Adopted in R95-20 at 20 Ill. Reg. 11291, effective August 1, 1996; amended in R96-

10/R97-3/R97-5 at 22 Ill. Reg. 944, effective December 16, 1997; amended in R98-12 at 22 Ill.

Reg. 7650, effective April 15, 1998; amended in R99-15 at 23 Ill. Reg. 9502, effective July 26,

1999; amended in R00-13 at 24 Ill. Reg. 9874, effective June 20, 2000; amended in R05-8 at 29

Ill. Reg. ___________, effective __________________.

SUBPART A: GENERAL

Section 733.101

Scope

This Part establishes requirements for managing the following:

Batteries, as described in Section 733.102;

Pesticides, as described in Section 733.103;

Thermostats, as described in Section 733.104; and

Lamps, as described in Section 733.105; and.

Mercury-containing equipment, as described in Section 733.106.

BOARD NOTE: Subsection (a)(5) of this Section was added pursuant to

Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283, 3.284,

and 22.23b] (see P.A. 93-964, effective August 20, 2004).

This Part provides an alternative set of management standards in lieu of regulation

under 35 Ill. Adm. Code 702 through 705, 720 through 726, and 728.

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

Section 733.106

Applicability--Mercury-Containing EquipmentDefinitions (Renumbered)

Mercury-containing equipment covered under this Part. The requirements of this

Part apply to persons managing mercury-containing equipment as described in

Section 733.109, except those listed in subsection (b) of this Section.

Mercury-containing equipment not covered under this Part. The requirements of

this Part do not apply to persons managing the following mercury-containing

equipment:

Mercury-containing equipment that is not yet a waste under 35 Ill. Adm.

Code 721. Subsection (c) of this Section describes when mercury-

containing equipment becomes a waste.

Mercury-containing equipment that is not a hazardous waste. Mercury-

containing equipment is a hazardous waste if it exhibits one or more of the

characteristics identified in 35 Ill. Adm. Code 721.Subpart C.

Generation of waste mercury-containing equipment.

Used mercury-containing equipment becomes a waste on the day it is

discarded.

Unused mercury-containing equipment becomes a waste on the day the

handler decides to discard it.

BOARD NOTE: This Section 733.106 was added pursuant to Sections 3.283, 3.284, and

22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964, effective

August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

Section 733.109

Definitions

“Battery” means a device consisting of one or more electrically connected

electrochemical cells that is designed to receive, store, and deliver electric energy.

An electrochemical cell is a system consisting of an anode, cathode, and an

electrolyte, plus such connections (electrical and mechanical) as may be needed to

allow the cell to deliver or receive electrical energy. The term battery also includes

an intact, unbroken battery from which the electrolyte has been removed.

“Destination facility” means a facility that treats, disposes of, or recycles a particular

category of universal waste, except those management activities described in

Sections 733.113 (a) and (c) and 733.133 (a) and (c). A facility at which a particular

category of universal waste is only accumulated is not a destination facility for

purposes of managing that category of universal waste.

“FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC

136 through 136y).

“Generator” means any person, by site, whose act or process produces hazardous

waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation.

“Lamp” or “universal waste lamp” is defined as the bulb or tube portion of an

electric lighting device. A lamp is specifically designed to produce radiant

energy, most often in the ultraviolet, visible, or infra-red regions of the

electromagnetic spectrum. Common examples of universal waste electric lamps

include, but are not limited to, fluorescent, high intensity discharge, neon,

mercury vapor, high pressure sodium, and metal halide lamps.

“Large quantity handler of universal waste” means a universal waste handler (as

defined in this Section) that accumulates 5,000 kilograms or more total of

universal waste (batteries, pesticides, thermostats, or lamps, or mercury-

containing equipment, calculated collectively) at any time. This designation as a

large quantity handler of universal waste is retained through the end of the

calendar year in which 5,000 kilograms or more total of universal waste is

accumulated.

BOARD NOTE: Mercury-containing equipment was added to this definition of

“large quantity handler of universal waste” pursuant to Sections 3.283, 3.284, and

22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964,

effective August 20, 2004).

“Mercury-containing equipment” means mercury switches and mercury relays,

and scientific instruments and instructional equipment containing mercury added

during their manufacture.

BOARD NOTE: The definition of “mercury-containing equipment” was added

pursuant to Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283,

3.284, and 22.23b] (see P.A. 93-964, effective August 20, 2004).

“Mercury-containing lamp” means an electric lamp into which mercury is

purposely introduced by the manufacturer for the operation of the lamp.

Mercury-containing lamps include, but are not limited to, fluorescent lamps and

high-intensity discharge lamps.

BOARD NOTE: The definition of “mercury-containing lamp” was added

pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,

effective August 19, 1997).

“Mercury relay” means a product or device, containing mercury added during its

manufacture, that opens or closes electrical contacts to effect the operation of

other devices in the same or another electrical circuit. Mercury relay includes,

but is not limited to, mercury displacement relays, mercury wetted reed relays,

and mercury contact relays.

[415 ILCS 5/3.283]

BOARD NOTE: The definition of “mercury relay” was added pursuant to

Section 3.283 of the Act [415 ILCS 5/3.283] (see P.A. 93-964, effective August

20, 2004).

“Mercury switch” means a product or device, containing mercury added during

its manufacture, that opens or closes an electrical circuit or gas valve, including,

but not limited to, mercury float switches actuated by rising or falling liquid

levels, mercury tilt switches actuated by a change in the switch position, mercury

pressure switches actuated by a change in pressure, mercury temperature

switches actuated by a change in temperature, and mercury flame sensors.

[415

ILCS 5/3.284]

BOARD NOTE: The definition of “mercury switch” was added pursuant to

Section 3.284 of the Act [415 ILCS 5/3.284] (see P.A. 93-964, effective August

20, 2004).

“On-site” means the same or geographically contiguous property that may be

divided by public or private right-of-way, provided that the entrance and exit

between the properties is at a cross-roads intersection, and access is by crossing as

opposed to going along the right of way. Non-contiguous properties, owned by the

same person but connected by a right-of-way that that person controls and to which

the public does not have access, are also considered on-site property.

“Pesticide” means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest or intended for use as a plant regulator,

defoliant, or desiccant, other than any article that fulfills one of the following

descriptions:

It is a new animal drug under Section 201(v) of the Federal Food, Drug and

Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in 35 Ill.

Adm. Code 720.111;

It is an animal drug that has been determined by regulation of the federal

Secretary of Health and Human Services pursuant to FFDCA Section

360b(j), incorporated by reference in 35 Ill. Adm. Code 720.111, to be an

exempted new animal drug; or

It is an animal feed under FFDCA Section 201(w) (21 USC 321(w)),

incorporated by reference in 35 Ill. Adm. Code 720.111, that bears or

contains any substances described in either of the two preceding paragraphs

of this definition.

BOARD NOTE: The second exception of corresponding 40 CFR 273.6

reads as follows: “Is an animal drug that has been determined by regulation

of the Secretary of Health and Human Services not to be a new animal

drug”. This is very similar to the language of Section 2(u) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 USC 136(u)). The

three exceptions, taken together, appear intended not to include as

“pesticide” any material within the scope of federal Food and Drug

Administration regulation. The Board codified this provision with the intent

of retaining the same meaning as its federal counterpart while adding the

definiteness required under Illinois law.

“Small quantity handler of universal waste” means a universal waste handler (as

defined in this Section) that does not accumulate 5,000 kilograms or more total of

universal waste (batteries, pesticides, thermostats, or lamps, or mercury-

containing equipment, calculated collectively) at any time.

BOARD NOTE: Mercury-containing equipment was added to this definition of

“small quantity handler of universal waste” pursuant to Sections 3.283, 3.284, and

22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964,

effective August 20, 2004).

“Thermostat” means a temperature control device that contains metallic mercury in

an ampule attached to a bimetal sensing element and mercury-containing ampules

that have been removed from such a temperature control device in compliance with

the requirements of Section 733.113(c)(2) or 733.133(c)(2).

“Universal waste” means any of the following hazardous wastes that are subject

to the universal waste requirements of this Part:

Batteries, as described in Section 733.102;

Pesticides, as described in Section 733.103;

Thermostats, as described in Section 733.104; and

Lamps, as described in Section 733.105; and.

Mercury-containing equipment, as described in Section 733.106.

BOARD NOTE: Mercury-containing equipment was added to this

definition of “universal waste” pursuant to Sections 3.283, 3.284, and

22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-

964, effective August 20, 2004).

“Universal waste handler” means either of the following:

A generator (as defined in this Section) of universal waste; or

The owner or operator of a facility, including all contiguous property, that

receives universal waste from other universal waste handlers, accumulates

universal waste, and sends universal waste to another universal waste

handler, to a destination facility, or to a foreign destination.

Universal waste handler does not mean:

A person that treats (except under the provisions of Section

733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles

universal waste; or

A person engaged in the off-site transportation of universal waste by

air, rail, highway, or water, including a universal waste transfer

facility.

“Universal waste transfer facility” means any transportation-related facility

including loading docks, parking areas, storage areas, and other similar areas where

shipments of universal waste are held during the normal course of transportation for

ten days or less.

“Universal waste transporter” means a person engaged in the off-site transportation

of universal waste by air, rail, highway, or water.

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

SUBPART B: STANDARDS FOR SMALL QUANTITY HANDLERS

Section 733.113

Waste Management

Universal waste batteries. A small quantity handler of universal waste shall

manage universal waste batteries in a manner that prevents releases of any

universal waste or component of a universal waste to the environment, as follows:

A small quantity handler of universal waste shall contain any universal

waste battery that shows evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions in a

container. The container must be closed, structurally sound, compatible

with the contents of the battery, and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable

conditions.

A small quantity handler of universal waste may conduct the following

activities, as long as the casing of each individual battery cell is not

breached and remains intact and closed (except that cells may be opened

to remove electrolyte but must be immediately closed after removal):

Sorting batteries by type;

Mixing battery types in one container;

Discharging batteries so as to remove the electric charge;

Regenerating used batteries;

Disassembling batteries or battery packs into individual batteries or

cells;

Removing batteries from consumer products; or

Removing electrolyte from batteries.

A small quantity handler of universal waste that removes electrolyte from

batteries, or that generates other solid waste (e.g., battery pack materials,

discarded consumer products) as a result of the activities listed above,

shall determine whether the electrolyte or other solid waste exhibits a

characteristic of hazardous waste identified in 35 Ill. Adm. Code

721.Subpart C.

If the electrolyte or other solid waste exhibits a characteristic of

hazardous waste, it is subject to all applicable requirements of 35

Ill. Adm. Code 702 through 705, 720 through 726, and 728. The

handler is considered the generator of the hazardous electrolyte or

other waste and is subject to 35 Ill. Adm. Code 722.

If the electrolyte or other solid waste is not hazardous, the handler

may manage the waste in any way that is in compliance with

applicable federal, State, or local solid (nonhazardous) waste

regulations.

BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807

through 817 to determine whether additional facility siting, special

waste, or nonhazardous waste regulations apply to the waste.

Consult the ordinances of relevant units of local government to

determine whether local requirements apply.

Universal waste pesticides. A small quantity handler of universal waste shall

manage universal waste pesticides in a way that prevents releases of any universal

waste or component of a universal waste to the environment. The universal waste

pesticides must be contained in one or more of the following:

A container that remains closed, structurally sound, compatible with the

pesticide, and that lacks evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions;

A container that does not meet the requirements of subsection (b)(1) of

this Section, provided that the unacceptable container is overpacked in a

container that does meet the requirements of subsection (b)(1);

A tank that meets the requirements of 35 Ill. Adm. Code 725.Subpart J,

except for 35 Ill. Adm. Code 725.297(c), 265.300, and 265.301; or

A transport vehicle or vessel that is closed, structurally sound, compatible

with the pesticide, and that lacks evidence of leakage, spillage, or damage

that could cause leakage under reasonably foreseeable conditions.

c) Universal

waste

thermostats and mercury-containing equipment. A small quantity

handler of universal waste shall manage universal waste thermostats and mercury-

containing equipment in a way that prevents releases of any universal waste or

component of a universal waste to the environment, as follows:

A small quantity handler of universal waste shall contain any universal

waste thermostat or mercury-containing equipment that shows evidence of

leakage, spillage, or damage that could cause leakage under reasonably

foreseeable conditions in a container. The container must be closed,

structurally sound, compatible with the contents of the thermostat or

mercury-containing equipment, and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable

conditions.

A small quantity handler of universal waste may remove mercury-

containing ampules from universal waste thermostats or mercury-

containing equipment provided the handler follows each of the following

procedures:

It removes the ampules in a manner designed to prevent breakage

of the ampules;

It removes ampules only over or in a containment device (e.g., tray

or pan sufficient to collect and contain any mercury released from

an ampule in case of breakage);

It ensures that a mercury clean-up system is readily available to

immediately transfer any mercury resulting from spills or leaks

from broken ampules, from the containment device to a container

that meets the requirements of 35 Ill. Adm. Code 722.134;

It immediately transfers any mercury resulting from spills or leaks

from broken ampules from the containment device to a container

that meets the requirements of 35 Ill. Adm. Code 722.134;

It ensures that the area in which ampules are removed is well

ventilated and monitored to ensure compliance with applicable

OSHA exposure levels for mercury;

It ensures that employees removing ampules are thoroughly

familiar with proper waste mercury handling and emergency

procedures, including transfer of mercury from containment

devices to appropriate containers;

It stores removed ampules in closed, non-leaking containers that

are in good condition; and

It packs removed ampules in the container with packing materials

adequate to prevent breakage during storage, handling, and

transportation.

Required hazardous waste determination and further waste management.

A small quantity handler of universal waste that removes mercury-

containing ampules from thermostats or mercury-containing

equipment shall determine whether the following exhibit a

characteristic of hazardous waste identified in 35 Ill. Adm. Code

721.Subpart C:

Mercury or clean-up residues resulting from spills or leaks;

ii)

Other solid waste generated as a result of the removal of

mercury-containing ampules (e.g., remaining thermostat

units or mercury-containing equipment).

If the mercury, residues, or other solid waste exhibits a

characteristic of hazardous waste, it must be managed in

compliance with all applicable requirements of 35 Ill. Adm. Code

702 through 705, 720 through 726, and 728. The handler is

considered the generator of the mercury, residues, or other waste

and shall manage it as subject to 35 Ill. Adm. Code 722.

If the mercury, residues, or other solid waste is not hazardous, the

handler may manage the waste in any way that is in compliance

with applicable federal, State, or local solid (nonhazardous) waste

regulations.

BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807

through 817 to determine whether additional facility siting, special

waste, or nonhazardous waste regulations apply to the waste.

Consult the ordinances of relevant units of local government to

determine whether local requirements apply.

Lamps. A small quantity handler of universal waste shall manage lamps in a

manner that prevents releases of any universal waste or component of a universal

waste to the environment, as follows:

A small quantity handler of universal waste lamps shall contain all lamps

in containers or packages that are structurally sound, adequate to prevent

breakage, and compatible with the contents of the lamps. Such containers

and packages must remain closed and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable

conditions.

A small quantity handler of universal waste lamps shall immediately clean

up and place in a container any lamp that is broken, and the small quantity

handler shall place in a container any lamp that shows evidence of

breakage, leakage, or damage that could cause the release of mercury or

other hazardous constituents to the environment. Any container used must

be closed, structurally sound, compatible with the contents of the lamps,

and must lack evidence of leakage, spillage, or damage that could cause

leakage or releases of mercury or other hazardous constituents to the

environment under reasonably foreseeable conditions.

Small quantity handlers of universal waste lamps may treat those lamps

for volume reduction at the site where they were generated under the

following conditions:

The lamps must be crushed in a closed system designed and

operated in such a manner that any emission of mercury from the

crushing system shall not exceed 0.1 mg/m

when measured on the

basis of time weighted average over an 8-hour period;

The handler must provide notification of crushing activity to the

Agency quarterly, in a form as provided by the Agency. Such

notification must include the following information:

Name and address of the handler;

ii)

Estimated monthly amount of lamps crushed; and

iii)

The technology employed for crushing, including any

certification or testing data provided by the manufacturer of

the crushing unit verifying that the crushing device

achieves the emission controls required in subsection

(d)(5)(A) of this Section;

The handler immediately transfers any material recovered from a

spill or leak to a container that meets the requirements of 40 CFR

262.34, and has available equipment necessary to comply with this

requirement;

The handler ensures that the area in which the lamps are crushed is

well-ventilated and monitored to ensure compliance with

applicable OSHA exposure levels for mercury;

The handler ensures that employees crushing lamps are thoroughly

familiar with proper waste mercury handling and emergency

procedures, including transfer of mercury from containment

devices to appropriate containers; and

The crushed lamps are stored in closed, non-leaking containers that

are in good condition (e.g., no severe rusting, apparent structural

defects or deterioration), suitable to prevent releases during

storage, handling and transportation.

BOARD NOTE: Subsection (d) of this Section was added pursuant to Section

22.23a of the Act [415 ILCS 5/22.23a]. Additionally, mercury-containing

equipment was added to this Section pursuant to Sections 3.283, 3.284, and

22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964,

effective August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

Section 733.114

Labeling and Marking

A small quantity handler of universal waste shall label or mark the universal waste to identify the

type of universal waste as follows:

Universal waste batteries (i.e., each battery) or a container in which the batteries

are contained must be labeled or marked clearly with any one of the following

phrases: “Universal Waste - Batteries”, “Waste Batteries”, or “Used Batteries”;

A container (or multiple container package unit), tank, transport vehicle, or vessel

in which recalled universal waste pesticides, as described in Section

733.103(a)(1), are contained must be labeled or marked clearly as follows:

The label that was on or accompanied the product as sold or distributed;

and

The words “Universal Waste - Pesticides” or “Waste - Pesticides”;

A container, tank, or transport vehicle, or vessel in which unused pesticide

products, as described in Section 733.103(a)(2), are contained must be labeled or

marked clearly as follows:

1) Pesticide

labeling:

The label that was on the product when purchased, if still legible;

If using the labels described in subsection (c)(1)(A) of this Section

is not feasible, the appropriate label as required under USDOT

regulation 49 CFR 172; or

If using the labels described in subsections (c)(1)(A) and (c)(1)(B)

of this Section is not feasible, another label prescribed or

designated by the waste pesticide collection program administered

or recognized by a state; and

The words “Universal Waste - Pesticides” or “Waste - Pesticides”;

Universal waste thermostats (i.e., each thermostat) or a container in which the

thermostats are contained must be labeled or marked clearly with any one of the

following phrases: “Universal Waste - Mercury Thermostats”, or “Waste Mercury

Thermostats”, or “Used Mercury Thermostats”; and

Each lamp or a container or package in which such lamps are contained must be

labeled or clearly marked with one of the following phrases: “Universal Waste -

Lamps”, “Waste Lamps” or “Used Lamps”.

Mercury-containing equipment, or a container in which the equipment is

contained, must be labeled or marked clearly with any of the following phrases:

“Universal Waste - Mercury-Containing Equipment,” or “Waste Mercury-

Containing Equipment,” or “Used Mercury-Containing Equipment.”

BOARD NOTE: Subsection (f) of this Section was added pursuant to Sections

3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see

P.A. 93-964, effective August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

SUBPART C: STANDARDS FOR LARGE QUANTITY HANDLERS

Section 733.132

Notification

Written notification of universal waste management.

Except as provided in subsections (a)(2) and (a)(3) of this Section, a large

quantity handler of universal waste shall have sent written notification of

universal waste management to the Agency, and received a USEPA

Identification Number, before meeting or exceeding the 5,000 kilogram

storage limit.

A large quantity handler of universal waste that has already notified

USEPA or the Agency of its hazardous waste management activities and

has received a USEPA Identification Number is not required to renotify

under this Section.

A large quantity handler of universal waste that manages recalled

universal waste pesticides, as described in Section 733.103(a)(1), and that

has sent notification to USEPA or the Agency, as required by 40 CFR 165,

is not required to notify for those recalled universal waste pesticides under

this Section.

This notification must include:

The universal waste handler’s name and mailing address;

The name and business telephone number of the person at the universal

waste handler’s site who should be contacted regarding universal waste

management activities;

The address or physical location of the universal waste management

activities;

A list of all of the types of universal waste managed by the handler (e.g,

batteries, pesticides, thermostats, or lamps, or mercury-containing

equipment); and

A statement indicating that the handler is accumulating more than 5,000

kilograms of universal waste at one time and the types of universal waste

(e.g, batteries, pesticides, thermostats, or lamps, or mercury-containing

equipment) the handler is accumulating above this quantity.

BOARD NOTE: At 60 Fed. Reg. 25520-21 (May 11, 1995), USEPA explained

the generator or consolidation point may use USEPA Form 8700-12 for

notification. (To obtain USEPA Form 8700-12 call the Agency at 217-782-6761.)

USEPA further explained that it is not necessary for the handler to aggregate the

amounts of waste at multiple non-contiguous sites for the purposes of the 5,000

kilogram determination.

BOARD NOTE: Mercury-containing equipment was added to this Section

pursuant to Sections 3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283,

3.284, and 22.23b] (see P.A. 93-964, effective August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

Section 733.133

Waste Management

Universal waste batteries. A large quantity handler of universal waste shall

manage universal waste batteries in a manner that prevents releases of any

universal waste or component of a universal waste to the environment, as follows:

A large quantity handler of universal waste shall contain any universal

waste battery that shows evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions in a

container. The container must be closed, structurally sound, compatible

with the contents of the battery, and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable

conditions.

A large quantity handler of universal waste may conduct the following

activities, as long as the casing of each individual battery cell is not

breached and remains intact and closed (except that cells may be opened

to remove electrolyte but must be immediately closed after removal):

Sorting batteries by type;

Mixing battery types in one container;

Discharging batteries so as to remove the electric charge;

Regenerating used batteries;

Disassembling batteries or battery packs into individual batteries or

cells;

Removing batteries from consumer products; or

Removing electrolyte from batteries.

A large quantity handler of universal waste that removes electrolyte from

batteries or that generates other solid waste (e.g., battery pack materials,

discarded consumer products) as a result of the activities listed above shall

determine whether the electrolyte or other solid waste exhibits a

characteristic of hazardous waste identified in 35 Ill. Adm. Code

721.Subpart C.

If the electrolyte or other solid waste exhibits a characteristic of

hazardous waste, it must be managed in compliance with all

applicable requirements of 35 Ill. Adm. Code 702 through 705,

720 through 726, and 728. The handler is considered the generator

of the hazardous electrolyte or other waste and is subject to 35 Ill.

Adm. Code 722.

If the electrolyte or other solid waste is not hazardous, the handler

may manage the waste in any way that is in compliance with

applicable federal, State, or local solid (nonhazardous) waste

regulations.

BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807

through 817 to determine whether additional facility siting, special

waste, or nonhazardous waste regulations apply to the waste.

Consult the ordinances of relevant units of local government to

determine whether local requirements apply.

Universal waste pesticides. A large quantity handler of universal waste shall

manage universal waste pesticides in a manner that prevents releases of any

universal waste or component of a universal waste to the environment. The

universal waste pesticides must be contained in one or more of the following:

A container that remains closed, structurally sound, compatible with the

pesticide, and that lacks evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions;

A container that does not meet the requirements of subsection (b)(1) of

this Section, provided that the unacceptable container is overpacked in a

container that does meet the requirements of subsection (b)(1);

A tank that meets the requirements of 35 Ill. Adm. Code 725.Subpart J,

except for 35 Ill. Adm. Code 725.297(c), 725.300, and 725.301; or

A transport vehicle or vessel that is closed, structurally sound, compatible

with the pesticide, and that lacks evidence of leakage, spillage, or damage

that could cause leakage under reasonably foreseeable conditions.

c) Universal

waste

thermostats and mercury-containing equipment. A large quantity

handler of universal waste shall manage universal waste thermostats and mercury-

containing equipment in a manner that prevents releases of any universal waste or

component of a universal waste to the environment, as follows:

A large quantity handler of universal waste shall contain any universal

waste thermostat or mercury-containing equipment that shows evidence of

leakage, spillage, or damage that could cause leakage under reasonably

foreseeable conditions in a container. The container must be closed,

structurally sound, compatible with the contents of the thermostat and/or

equipment, and must lack evidence of leakage, spillage, or damage that

could cause leakage under reasonably foreseeable conditions.

A large quantity handler of universal waste may remove mercury-

containing ampules from universal waste thermostats or mercury-

containing equipment provided the handler follows each of the following

procedures:

It removes the ampules in a manner designed to prevent breakage

of the ampules;

It removes ampules only over or in a containment device (e.g., tray

or pan sufficient to collect and contain any mercury released from

an ampule in case of breakage);

It ensures that a mercury clean-up system is readily available to

immediately transfer any mercury resulting from spills or leaks

from broken ampules, from the containment device to a container

that meets the requirements of 35 Ill. Adm. Code 722.134;

It immediately transfers any mercury resulting from spills or leaks

from broken ampules from the containment device to a container

that meets the requirements of 35 Ill. Adm. Code 722.134;

It ensures that the area in which ampules are removed is well

ventilated and monitored to ensure compliance with applicable

OSHA exposure levels for mercury;

It ensures that employees removing ampules are thoroughly

familiar with proper waste mercury handling and emergency

procedures, including transfer of mercury from containment

devices to appropriate containers;

It stores removed ampules in closed, non-leaking containers that

are in good condition; and

It packs removed ampules in the container with packing materials

adequate to prevent breakage during storage, handling, and

transportation.

Required hazardous waste determination and further waste management.

A large quantity handler of universal waste that removes mercury-

containing ampules from thermostats or mercury-containing

equipment shall determine whether the following exhibit a

characteristic of hazardous waste identified in 35 Ill. Adm. Code

721.Subpart C:

Mercury or clean-up residues resulting from spills or leaks;

ii)

Other solid waste generated as a result of the removal of

mercury-containing ampules (e.g., remaining thermostat

units or mercury-containing equipment).

If the mercury, residues, or other solid waste exhibits a

characteristic of hazardous waste, it must be managed in

compliance with all applicable requirements of 35 Ill. Adm. Code

702 through 705, 720 through 726, and 728. The handler is

considered the generator of the mercury, residues, or other waste

and is subject to 35 Ill. Adm. Code 722.

If the mercury, residues, or other solid waste is not hazardous, the

handler may manage the waste in any way that is in compliance

with applicable federal, State, or local solid (nonhazardous) waste

regulations.

BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807

through 817 to determine whether additional facility siting, special

waste, or nonhazardous waste regulations apply to the waste.

Consult the ordinances of relevant units of local government to

determine whether local requirements apply.

Lamps. A large quantity handler of universal waste shall manage lamps in a

manner that prevents releases of any universal waste or component of a universal

waste to the environment, as follows:

A large quantity handler of universal waste lamps shall contain all lamps

in containers or packages that are structurally sound, adequate to prevent

breakage, and compatible with the contents of the lamps. Such containers

and packages must remain closed and must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable

conditions.

A large quantity handler of universal waste lamps shall immediately clean

up and place in a container any lamp that is broken, and the large quantity

handler shall place in a container any lamp that shows evidence of

breakage, leakage, or damage that could cause the release of mercury or

other hazardous constituents to the environment. Any container used must

be closed, structurally sound, compatible with the contents of the lamps,

and must lack evidence of leakage, spillage, or damage that could cause

leakage or releases of mercury or other hazardous constituents to the

environment under reasonably foreseeable conditions.

Large quantity handlers of universal waste lamps may treat those lamps

for volume reduction at the site where they were generated under the

following conditions:

The lamps must be crushed in a closed system designed and

operated in such a manner that any emission of mercury from the

crushing system shall not exceed 0.1 mg/m

when measured on the

basis of time weighted average over an 8-hour period;

The handler must provide notification of crushing activity to the

Agency quarterly, in a form as provided by the Agency. Such

notification must include the following information:

Name and address of the handler;

ii)

Estimated monthly amount of lamps crushed; and

iii)

The technology employed for crushing, including any

certification or testing data provided by the manufacturer of

the crushing unit verifying that the crushing device

achieves the emission controls required in subsection

(d)(5)(A) of this Section;

The handler immediately transfers any material recovered from a

spill or leak to a container that meets the requirements of 40 CFR

262.34, and has available equipment necessary to comply with this

requirement;

The handler ensures that the area in which the lamps are crushed is

well-ventilated and monitored to ensure compliance with

applicable OSHA exposure levels for mercury;

The handler ensures that employees crushing lamps are thoroughly

familiar with proper waste mercury handling and emergency

procedures, including transfer of mercury from containment

devices to appropriate containers; and

The crushed lamps are stored in closed, non-leaking containers that

are in good condition (e.g., no severe rusting, apparent structural

defects or deterioration), suitable to prevent releases during

storage, handling and transportation.

BOARD NOTE: Subsection (d) of this Section was added pursuant to Section

22.23a of the Act [415 ILCS 5/22.23a]. Additionally, mercury-containing

equipment was added to this Section pursuant to Sections 3.283, 3.284, and

22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see P.A. 93-964,

effective August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

Section 733.134

Labeling and Marking

A large quantity handler of universal waste shall label or mark the universal waste to identify the

type of universal waste as follows:

Universal waste batteries (i.e., each battery), or a container or tank in which the

batteries are contained, must be labeled or marked clearly with any one of the

following phrases: “Universal Waste - Batteries”; or “Waste Batteries”; or “Used

Batteries”;

A container (or multiple container package unit), tank, transport vehicle or vessel

in which recalled universal waste pesticides as described in Section 733.103(a)(1)

are contained must be labeled or marked clearly as follows:

The label that was on or accompanied the product as sold or distributed;

and

The words “Universal Waste - Pesticides” or “Waste - Pesticides”;

A container, tank, or transport vehicle or vessel in which unused pesticide

products, as described in Section 733.103(a)(2), are contained must be labeled or

marked clearly as follows:

1) Pesticide

labeling:

The label that was on the product when purchased, if still legible;

If using the labels described in subsection (c)(1)(A) of this Section

is not feasible, the appropriate label as required under the USDOT

regulation 49 CFR 172; or

If using the labels described in subsections (c)(1)(A) and (c)(1)(B)

of this Section is not feasible, another label prescribed or

designated by the pesticide collection program; and

The words “Universal Waste - Pesticides” or “Waste - Pesticides”;

Universal waste thermostats (i.e., each thermostat) or a container or tank in which

the thermostats are contained must be labeled or marked clearly with any one of the

following phrases: “Universal Waste-Mercury Thermostats”, or “Waste Mercury

Thermostats”, or “Used Mercury Thermostats”; and

Each lamp or a container or package in which such lamps are contained must be

labeled or clearly marked with any one of the following phrases: “Universal

Waste - Lamps”, “Waste Lamps” or “Used Lamps”.

Mercury-containing equipment, or a container in which the equipment is

contained, must be labeled or marked clearly with any of the following phrases:

“Universal Waste - Mercury-Containing Equipment,” or “Waste Mercury -

Containing Equipment,” or “Used Mercury-Containing Equipment.”

BOARD NOTE: Subsection (f) of this Section was added pursuant to Sections

3.283, 3.284, and 22.23b of the Act [415 ILCS 5/3.283, 3.284, and 22.23b] (see

P.A. 93-964, effective August 20, 2004).

(Source: Amended at 29 Ill. Reg. ___________, effective _______________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on February 3, 2005, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board