Part 720: Hazardous Waste Management System: General

Ethane, 1,1,2-trichloro-
1. U001
Ethane, 1,1,2-trichloro-
1. SUBPART A: GENERAL PROVISIONS
  1. Section 724.154 Amendment of Contingency Plan
  2. Section 724.Appendix I Groundwater Monitoring List

ILLINOIS POLLUTION CONTROL BOARD

September 4, 2008

IN THE MATTER OF:

)

RCRA SUBTITLE C UPDATE, USEPA

AMENDMENTS (January 1, 2008 through

June 30, 2008)

)

R09-3

(Identical-in-Substance

Rulemaking - Public Water Supply)

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by G.T. Girard):

This identical-in-substance rulemaking would update the Illinois hazardous waste

regulations to incorporate revisions to the federal regulations. The United States Environmental

Protection Agency (USEPA) adopted the federal hazardous waste amendments that prompted

this action during the time periods of January 1, 2008 through June 30, 2008. This proceeding

proposes amendments to 35 Ill. Adm. Code 721, 721, 724, 725, 726, and 728.

Also included in this proceeding are amendments to respond to comments submitted by

USEPA after the conclusion of the prior update docket, RCRA Subtitle C Update, USEPA

Amendments (March 5, 2005, September 8, 2005, January 1, 2006 through June 30, 2006), R07-

5, RCRA Subtitle C Update (July 1, 2006 through December 31, 2006), R07-14 (June 5, 2008)

(consol.). Those comments, docketed in this present docket at PC 2, suggested corrections to the

rules. This proposal for public comment would also make a series of substantive and non-

substantive corrections and stylistic revisions to segments of the text that are not otherwise

affected by the covered federal amendments.

This order and the supporting opinion propose for public comment identical-in-substance

amendments in the hazardous waste program area. Sections 7.2 and 22.4(a) of the Act (415

ILCS 5/7.2 and 22.4(a) (2006)) require the Board to adopt regulations that are “identical in

substance” to hazardous waste regulations adopted by the USEPA. These USEPA rules

implement Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (RCRA

Subtitle C) (42 U.S.C. §§ 6921

et seq

. (2006)). The federal RCRA Subtitle C hazardous waste

management (HWM) regulations are found at 40 C.F.R. 260 through 268, 270 through 273, and

279.

Section 22.4(a) also provides that Title VII of the Act and Section 5 of the Administrative

Procedure Act (5 ILCS 100/5-35 and 5-40 (2006)) do not apply to the Board’s adoption of

identical-in-substance regulations.

This order is supported by an opinion that the Board also adopts today. The Board will

cause the proposed amendments to be published in the

Illinois Register

and will hold the docket

open to receive public comments for 45 days after the date of publication. The Board will then

adopt and file the final rules, taking into account the public comments received. The rules will

be adopted and filed no later than January 2, 2009, pursuant to Section 7.2(b) of the Act (415

ILCS 5/7.2(b) (2006)). The Board will allow 30 days between the dates of the Board vote to

adopt amendments and filing the amendments with the Office of the Secretary of State,

specifically to allow USEPA that agreed time to review the text of the adopted amendments

before they are filed. This will require that Board consideration of the amendments no later than

the regularly scheduled Board meeting of November 20, 2008,

The Board directs the Clerk to cause the filing of the following proposed amendments

with the Office of the Secretary of State for their publication in the

Illinois Register

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 of Information; Confidentiality of Information

720.103

Use of Number and Gender

720.104

Electronic Reporting

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 Federal RCRA Subtitle C (Hazardous Waste) Regulations

AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 13, 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 R82-19 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 November 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. 5974, effective April 13, 2005;

amended in R05-2 at 29 Ill. Reg. 6290, effective April 22, 2005; amended in R06-5/R06-6/R06-7

at 30 Ill. Reg. 2930, effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill.

Reg. 730, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 11726,

effective July 14, 2008.

SUBPART B: DEFINITIONS AND REFERENCES

Section 720.110

Definitions

When used in 35 Ill. Adm. Code 720 through 728, 733, 738, 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 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.

“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 waterwalls 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.

“Cathode ray tube” or “CRT” means a vacuum tube, composed primarily of glass,

which is the visual or video display component of an electronic device. A “used,

intact CRT” means a CRT whose vacuum has not been released. A “used, broken

CRT” means glass removed from its housing or casing whose vacuum has been

released.

“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 pursuant to 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.

“CRT collector” means a person who receives used, intact CRTs for recycling,

repair, resale, or donation.

“CRT glass manufacturer” means an operation or part of an operation that uses a

furnace to manufacture CRT glass.

“CRT processing” means conducting all of the following activities:

Receiving broken or intact CRTs;

Intentionally breaking intact CRTs or further breaking or separating

broken CRTs; and

Sorting or otherwise managing glass removed from CRT monitors.

“Designated facility” means either of the following entities:

A hazardous waste treatment, storage, or disposal facility that has been

designated on the manifest by the generator, pursuant to 35 Ill. Adm. Code

722.120, 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 (2005);

The facility has received a RCRA permit from a state authorized

by USEPA pursuant to 40 CFR 271 (2005); or

The facility is regulated pursuant to 35 Ill. Adm. Code

721.106(c)(2) or Subpart F of 35 Ill. Adm. Code 266; or

A generator site designated by the hazardous waste generator on the

manifest to receive back its own waste as a return shipment from a

designated hazardous waste treatment, storage, or disposal facility that has

rejected the waste in accordance with 35 Ill. Adm. Code 724.172(f) or

725.172(f).

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

groundwaters.

“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;

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 pursuant to 35 Ill. Adm.

Code 724.201 or 35 Ill. Adm. Code 727.201, 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 pursuant to 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 pursuant to 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.

“Gasification” means, for the purpose of complying with 35 Ill. Adm. Code

721.104(a)(12)(A), a process conducted in an enclosed device or system that is

designed and operated to process petroleum feedstock, including oil-bearing

hazardous secondary materials through a series of highly controlled steps,

utilizing thermal decomposition, limited oxidation, and gas cleaning, to yield a

synthesis gas composed primarily of hydrogen and carbon monoxide gas.

“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 724 and Appendix E to 35 Ill. Adm.

Code 725 for references that list 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:

Cement kilns;

Lime kilns;

Aggregate kilns;

Phosphate kilns;

Coke ovens;

Blast furnaces;

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 USEPA Form 8700-22 (including, if

necessary, USEPA Form 8700-22A) originated and signed by the generator or

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

722 and the applicable requirements of 35 Ill. Adm. Code 722 through 727.

“Manifest tracking number” means the alphanumeric identification number (i.e., a

unique three letter suffix preceded by nine numerical digits) that is pre-printed in

Item 4 of the manifest by a registered source.

“Mercury-containing equipment” means a device or part of a device (including

thermostats, but excluding batteries and lamps) that contains elemental mercury

integral to its function.

“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 pursuant to

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

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

pursuant to 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.

“Performance Track member facility” means a facility that has been accepted by

USEPA for membership in the National Environmental Performance Track

Program (Program) and which is still a member of that Program. The National

Environmental Performance Track Program is a voluntary, facility-based,

program for top environmental performers. A program member must demonstrate

a good record of compliance and past success in achieving environmental goals,

and it must commit to future specific quantified environmental goals,

environmental management systems, local community outreach, and annual

reporting of measurable results.

BOARD NOTE: The National Environmental Performance Track program is

operated exclusively by USEPA. USEPA established the program in 2000 (see

65 Fed. Reg. 41655 (July 6, 2000)) and amended it in 2004 (see 69 Fed. Reg.

27922 (May 17, 2004)). USEPA confers membership in the program on

application of interested and eligible entities. Information about the program is

available from a website maintained by USEPA:

www.epa.gov/performancetrack.

“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 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(c);

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(c), 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(c), 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.).

“RCRA standardized permit” means a RCRA permit issued pursuant to Subpart J

of 35 Ill. Adm. Code 703 and Subpart G of 35 Ill. Adm. Code 702 that authorizes

management of hazardous waste. The RCRA standardized permit may have two

parts: a uniform portion issued in all cases and a supplemental portion issued at

the discretion of the Agency.

“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 pursuant to 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 assigned to a site

by the United States Department of Transportation, Federal Highway

Administration, based on the particular activities that occur on the site, as set

forth in its publication “Standard Industrial Classification Manual,” incorporated

by reference in Section 720.111(a).

“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 2,500 Btu/lb or less of sludge treated on a wet-weight basis.

“Small quantity generator” means a generator that generates less than 1,000 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 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

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

pursuant to 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;

Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.104;

and

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

“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” 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;

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 32 Ill. Reg. 11726, effective July 14, 2008)

Section 720.111

References

The following documents are incorporated by reference for the purposes of this Part and 35 Ill.

Adm. Code 702 through 705, 721 through 728, 730, 733, 738, and 739:

Non-Regulatory Government Publications and Publications of Recognized

Organizations and Associations:

ACI. Available from the American Concrete Institute, Box 19150,

Redford Station, Detroit, Michigan 48219:

ACI 318-83: “Building Code Requirements for Reinforced

Concrete,” adopted November 1983, referenced in 35 Ill. Adm.

Code 724.673 and 725.543.

ANSI. Available from the American National Standards Institute, 1430

Broadway, New York, New York 10018, 212-354-3300:

See ASME/ANSI B31.3 and B31.4 and supplements below in this

subsection (a) under ASME.

API. Available from the American Petroleum Institute, 1220 L Street,

N.W., Washington, D.C. 20005, 202-682-8000:

“Cathodic Protection of Underground Petroleum Storage Tanks

and Piping Systems,” API Recommended Practice 1632, Second

Edition, December 1987, referenced in 35 Ill. Adm. Code 724.292,

724.295, 725.292, and 725.295.

“Evaporative Loss from External Floating-Roof Tanks,” API

publication 2517, Third Edition, February 1989, USEPA-approved

for 35 Ill. Adm. Code 725.984.

“Guide for Inspection of Refinery Equipment,” Chapter XIII,

“Atmospheric and Low Pressure Storage Tanks,” 4th Edition,

1981, reaffirmed December 1987, referenced in 35 Ill. Adm. Code

724.291, 724.293, 725.291, and 725.292.

“Installation of Underground Petroleum Storage Systems,” API

Recommended Practice 1615, Fourth Edition, November 1987,

referenced in 35 Ill. Adm. Code 724.292.

ASME. Available from the American Society of Mechanical Engineers,

345 East 47th Street, New York, NY 10017, 212-705-7722:

“Chemical Plant and Petroleum Refinery Piping,” ASME/ANSI

B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988,

referenced in 35 Ill. Adm. Code 724.292 and 725.292. Also

available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid

Petroleum Gas, Anhydrous Ammonia, and Alcohols,”

ASME/ANSI B31.4-1986, as supplemented by B31.4a-1987,

referenced in 35 Ill. Adm. Code 724.292 and 725.292. Also

available from ANSI.

ASTM. Available from American Society for Testing and Materials, 100

Barr Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9585:

ASTM C 94-90, “Standard Specification for Ready-Mixed

Concrete,” approved March 30, 1990, referenced in 35 Ill. Adm.

Code 724.673 and 725.543.

ASTM D 88-87, “Standard Test Method for Saybolt Viscosity,”

approved April 24, 1981, reapproved January 1987, referenced in

35 Ill. Adm. Code 726.200.

ASTM D 93-85, “Standard Test Methods for Flash Point by

Pensky-Martens Closed Tester,” approved October 25, 1985,

USEPA-approved for 35 Ill. Adm. Code 721.121.

ASTM D 140-70, “Standard Practice for Sampling Bituminous

Materials,” approved 1970, referenced in Appendix A to 35 Ill.

Adm. Code 721.

ASTM D 346-75, “Standard Practice for Collection and

Preparation of Coke Samples for Laboratory Analysis,” approved

1975, referenced in Appendix A to 35 Ill. Adm. Code 721.

ASTM D 420–69, “Guide to Site Characterization for Engineering,

Design, and Construction Purposes,” approved 1969, referenced in

Appendix A to 35 Ill. Adm. Code 721.

ASTM D 1452–65, “Standard Practice for Soil Investigation and

Sampling by Auger Borings,” approved 1965, referenced in

Appendix A to 35 Ill. Adm. Code 721.

ASTM D 1946-90, “Standard Practice for Analysis of Reformed

Gas by Gas Chromatography,” approved March 30, 1990, USEPA-

approved for 35 Ill. Adm. Code 724.933 and 725.933.

ASTM D 2161-87, “Standard Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt Furol

Viscosity,” March 27, 1987, referenced in 35 Ill. Adm. Code

726.200.

ASTM D 2234-76, “Standard Practice for Collection of a Gross

Sample of Coal,” approved 1976, referenced in Appendix A to 35

Ill. Adm. Code 721.

ASTM D 2267-88, “Standard Test Method for Aromatics in Light

Naphthas and Aviation Gasolines by Gas Chromatography,”

approved November 17, 1988, USEPA-approved for 35 Ill. Adm.

Code 724.963.

ASTM D 2382-88, “Standard Test Method for Heat of Combustion

of Hydrocarbon Fuels by Bomb Calorimeter (High Precision

Method),” approved October 31, 1988, USEPA-approved for 35

Ill. Adm. Code 724.933 and 725.933.

ASTM D 2879-92, “Standard Test Method for Vapor Pressure-

Temperature Relationship and Initial Decomposition Temperature

of Liquids by Isoteniscope,” approved 1992, USEPA-approved for

35 Ill. Adm. Code 725.984, referenced in 35 Ill. Adm. Code

724.963 and 725.963.

ASTM D 3828-87, “Standard Test Methods for Flash Point of

Liquids by Setaflash Closed Tester,” approved December 14,

1988, USEPA-approved for 35 Ill. Adm. Code 721.121(a).

ASTM E 168-88, “Standard Practices for General Techniques of

Infrared Quantitative Analysis,” approved May 27, 1988, USEPA-

approved for 35 Ill. Adm. Code 724.963.

ASTM E 169-87, “Standard Practices for General Techniques of

Ultraviolet-Visible Quantitative Analysis,” approved February 1,

1987, USEPA-approved for 35 Ill. Adm. Code 724.963.

ASTM E 260-85, “Standard Practice for Packed Column Gas

Chromatography,” approved June 28, 1985, USEPA-approved for

35 Ill. Adm. Code 724.963.

ASTM G 21-70 (1984a), “Standard Practice for Determining

Resistance of Synthetic Polymer Materials to Fungi,” referenced in

35 Ill. Adm. Code 724.414 and 725.414.

ASTM G 22-76 (1984b), “Standard Practice for Determining

Resistance of Plastics to Bacteria,” referenced in 35 Ill. Adm. Code

724.414 and 725.414.

GPO. Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20402, 202-512-1800:

Standard Industrial Classification Manual (1972), and 1977

Supplement, republished in 1983, referenced in 35 Ill. Adm. Code

702.110 and Section 720.110.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,” USEPA publication number EPA-530/SW-846 (Third

Edition, November 1986), as amended by Updates I (July 1992), II

(November 1994), IIA (August, 1993), IIB (January 1995), III

(December 1996), IIIA (April 1998), and IIIB (November 2004)

(document number 955-001-00000-1). See below in this

subsection (a) under NTIS.

NACE. Available from the National Association of Corrosion Engineers,

1400 South Creek Dr., Houston, TX 77084, 713-492-0535:

“Control of External Corrosion on Metallic Buried, Partially

Buried, or Submerged Liquid Storage Systems,” NACE

Recommended Practice RP0285-85, approved March 1985,

referenced in 35 Ill. Adm. Code 724.292, 724.295, 725.292, and

725.295.

NFPA. Available from the National Fire Protection Association, 1

Batterymarch Park, Boston, MA 02269, 617-770-3000 or 800-344-3555:

“Flammable and Combustible Liquids Code,” NFPA 30, issued

July 18, 2003, as supplemented by TIA 03-1, issued July 15, 2004,

and corrected by Errata 30-03-01, issued August 13, 2004,

USEPA-approved for 35 Ill. Adm. Code 724.298, 725.298, and

727.290, referenced in 35 Ill. Adm. Code 725.301 and 726.211.

NTIS. Available from the U.S. Department of Commerce, National

Technical Information Service, 5285 Port Royal Road, Springfield, VA

22161, 703-605-6000 or 800-553-6847 (Internet address: www.ntis.gov):

“APTI Course 415: Control of Gaseous Emissions,” December

1981, USEPA publication number EPA-450/2-81-005, NTIS

document number PB80-208895, USEPA-approved for 35 Ill.

Adm. Code 703.210, 703.211, 703.352, 724.935, and 725.935.

BOARD NOTE: “APTI” denotes USEPA’s “Air Pollution

Training Institute” (Internet address:

www.epa.gov/air/oaqps/eog/).

“Generic Quality Assurance Project Plan for Land Disposal

Restrictions Program,” USEPA publication number EPA-530/SW-

87-011, March 15, 1987, NTIS document number PB88-170766,

referenced in 35 Ill. Adm. Code 728.106.

“Method 1664, Revision A, n-Hexane Extractable Material (HEM;

Oil and Grease) and Silica Gel Treated n-Hexane Extractable

Material (SGT-HEM; Non-polar Material) by Extraction and

Gravimetry,” USEPA publication number EPA-821/R-98-002,

NTIS document number PB99-121949, USEPA-approved for

Appendix I to 35 Ill. Adm. Code 721.

BOARD NOTE: EPA-821/R-98-002 is also available on the

Internet for free download as a PDF document from the USEPA

website at: www.epa.gov/waterscience/methods/16640514.pdf.

“Methods for Chemical Analysis of Water and Wastes,” Third

Edition, March 1983, USEPA document number EPA-600/4-79-

020, NTIS document number PB84-128677, referenced in 35 Ill.

Adm. Code 725.192.

BOARD NOTE: EPA-600/4-79-020 is also available on the

Internet as a viewable/printable HTML document from the USEPA

website at: www.epa.gov/clariton/clhtml/pubtitleORD.html as

document 600479002.

“Procedures Manual for Ground Water Monitoring at Solid Waste

Disposal Facilities,” August 1977, EPA-530/SW-611, NTIS

document number PB84-174820, referenced in 35 Ill. Adm. Code

725.192.

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources,” October 1992, USEPA publication number

EPA-454/R-92-019, NTIS document number 93-219095,

referenced in 35 Ill. Adm. Code 726.204 and 726.206.

BOARD NOTE: EPA-454/R-92-019 is also available on the

Internet for free download as a WordPerfect document from the

USEPA website at the following Internet address:

www.epa.gov/scram001/guidance/guide/scrng.wpd.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods,” USEPA publication number EPA-530/SW-846 (Third

Edition, November 1986; Revision 6, January 2005), as amended

by Updates I (July 1992), II (November 1994), IIA (August 1993),

IIB (January 1995), III (December 1996), IIIA (April 1998), and

IIIB (November 2004) (document number 955-001-00000-1),

generally referenced in Appendices A and I to 35 Ill. Adm. Code

721 and 35 Ill. Adm. Code 726.200, 726.206, 726.212, and

728.106 (in addition to the references cited below for specific

methods):

Method 0010 (November 1986) (Modified Method 5

Sampling Train), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

Method 0011 (December 1996) (Sampling for Selected

Aldehyde and Ketone Emissions from Stationary Sources),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721

and for Appendix I to 35 Ill. Adm. Code 726.

Method 0020 (November 1986) (Source Assessment

Sampling System), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

Method 0023A (December 1996) (Sampling Method for

Polychlorinated Dibenzo-p-Dioxins and Polychlorinated

Dibenzofuran Emissions from Stationary Sources),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721,

Appendix I to 35 Ill. Adm. Code 726, and 35 Ill. Adm.

Code 726.204.

Method 0030 (November 1986) (Volatile Organic

Sampling Train), USEPA-approved for Appendix I to 35

Ill. Adm. Code 721.

Method 0031 (December 1996) (Sampling Method for

Volatile Organic Compounds (SMVOC)), USEPA-

approved for Appendix I to 35 Ill. Adm. Code 721.

Method 0040 (December 1996) (Sampling of Principal

Organic Hazardous Constituents from Combustion Sources

Using Tedlar® Bags), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721.

Method 0050 (December 1996) (Isokinetic HCl/Cl2

Emission Sampling Train), USEPA-approved for Appendix

I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.

Code 726, and 35 Ill. Adm. Code 726.207.

Method 0051 (December 1996) (Midget Impinger HCl/Cl2

Emission Sampling Train), USEPA-approved for Appendix

I to 35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm.

Code 726, and 35 Ill. Adm. Code 726.207.

Method 0060 (December 1996) (Determination of Metals

in Stack Emissions), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721, Appendix I to 35 Ill. Adm. Code

726, and 35 Ill. Adm. Code 726.206.

Method 0061 (December 1996) (Determination of

Hexavalent Chromium Emissions from Stationary

Sources), USEPA-approved for Appendix I to 35 Ill. Adm.

Code 721, 35 Ill. Adm. Code 726.206, and Appendix I to

35 Ill. Adm. Code 726.

Method 1010A (November 2004) (Test Methods for Flash

Point by Pensky-Martens Closed Cup Tester), USEPA-

approved for Appendix I to 35 Ill. Adm. Code 721.

Method 1020B (November 2004) (Standard Test Methods

for Flash Point by Setaflash (Small Scale) Closed-cup

Apparatus), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721.

Method 1110A (November 2004) (Corrosivity Toward

Steel), USEPA-approved for 35 Ill. Adm. Code 721.122

and Appendix I to 35 Ill. Adm. Code 721.

Method 1310B (November 2004) (Extraction Procedure

(EP) Toxicity Test Method and Structural Integrity Test),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721

and referenced in Appendix I to 35 Ill. Adm. Code 728.

Method 1311 (November 1992) (Toxicity Characteristic

Leaching Procedure), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721; for 35 Ill. Adm. Code 721.124,

728.107, and 728.140; and for Table T to 35 Ill. Adm. Code

728.

Method 1312 (November 1994) (Synthetic Precipitation

Leaching Procedure), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721.

Method 1320 (November 1986) (Multiple Extraction

Procedure), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721.

Method 1330A (November 1992) (Extraction Procedure for

Oily Wastes), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721.

Method 9010C (November 2004) (Total and Amenable

Cyanide: Distillation), USEPA-approved for Appendix I to

35 Ill. Adm. Code 721 and 35 Ill. Adm. Code 728.140,

728.144, and 728.148, referenced in Table H to 35 Ill.

Adm. Code 728.

Method 9012B (November 2004) (Total and Amenable

Cyanide (Automated Colorimetric, with Off-Line

Distillation)), USEPA-approved for Appendix I to 35 Ill.

Adm. Code 721 and 35 Ill. Adm. Code 728.140, 728.144,

and 728.148, referenced in Table H to 35 Ill. Adm. Code

728.

Method 9040C (November 2004) (pH Electrometric

Measurement), USEPA-approved for 35 Ill. Adm. Code

721.122 and Appendix I to 35 Ill. Adm. Code 721.

Method 9045D (November 2004) (Soil and Waste pH),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

Method 9060A (November 2004) (Total Organic Carbon),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721

and 35 Ill. Adm. Code 724.934, 724.963, 725.934, and

725.963.

Method 9070A (November 2004) (n-Hexane Extractable

Material (HEM) for Aqueous Samples), USEPA-approved

for Appendix I to 35 Ill. Adm. Code 721.

Method 9071B (April 1998) (n-Hexane Extractable

Material (HEM) for Sludge, Sediment, and Solid Samples),

USEPA-approved for Appendix I to 35 Ill. Adm. Code 721.

Method 9095B (November 2004) (Paint Filter Liquids

Test), USEPA-approved for Appendix I to 35 Ill. Adm.

Code 721 and 35 Ill. Adm. Code 724.290, 724.414,

725.290, 725.414, 725.981, 727.290, and 728.132.

BOARD NOTE: EPA-530/SW-846 is also available on the

Internet for free download in segments in PDF format from the

USEPA website at: www.epa.gov/SW-846.

OECD. Organisation for Economic Co-operation and Development,

Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16,

France (www.oecd.org), also OECD Washington Center, 2001 L Street,

NW, Suite 650, Washington, DC 20036-4922, 202-785-6323 or 800-456-

6323 (www.oecdwash.org):

OECD “Amber List of Wastes,” Appendix 4 to the OECD Council

Decision C(92)39/Final (March 30, 1992, revised May 1993)

(Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations), USEPA-approved for 35 Ill.

Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.

OECD “Amber Tier,” Section IV of the annex to the OECD

Council Decision C(92)39/Final (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (revised May 1993), referenced in 35 Ill. Adm. Code

722.181.

Annex to OECD Council Decision C(88)90/Final, as amended by

C(94)152/Final (revised July 1994), referenced in 35 Ill. Adm.

Code 722.187.

OECD “Green List of Wastes,” Appendix 3 to the OECD Council

Decision C(92)39/Final (March 30, 1992, revised May 1994)

(Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations), USEPA-approved for 35 Ill.

Adm. Code 722.189, referenced in 35 Ill. Adm. Code 722.181.

OECD “Green Tier,” Section III of the annex to the OECD

Council Decision C(92)39/Final (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (revised May 1993), referenced in 35 Ill. Adm. Code

722.181.

OECD Guideline for Testing of Chemicals, “Ready

Biodegradability,” Method 301B (July 17, 1992), “CO2 Evolution

(Modified Sturm Test),” referenced in 35 Ill. Adm. Code 724.414.

OECD “Red List of Wastes,” Appendix 5 to the OECD Council

Decision C(92)39/Final (March 30, 1992, revised May 1993),

USEPA-approved for 35 Ill. Adm. Code 722.189, referenced in 35

Ill. Adm. Code 722.181.

OECD “Red Tier,” Section V of the annex to the OECD Council

Decision C(92)39/Final (Concerning the Control of Transfrontier

Movements of Wastes Destined for Recovery Operations) (revised

May 1993), referenced in 35 Ill. Adm. Code 722.181.

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final) (May 27, 1988), amended by C(94)152/Final (July

28, 1994), “Decision of the Council on Transfrontier Movements

of Hazardous Wastes,” referenced in 35 Ill. Adm. Code 722.181

and 722.187.

STI. Available from the Steel Tank Institute, 728 Anthony Trail,

Northbrook, IL 60062, 708-498-1980:

“Standard for Dual Wall Underground Steel Storage Tanks”

(1986), referenced in 35 Ill. Adm. Code 724.293.

USDOD. Available from the United States Department of Defense:

“DOD Ammunition and Explosives Safety Standards” (DOD

6055.09-STD), as in effect on February 29, 2008, referenced in 35

Ill. Adm. Code 726.305.

“The Motor Vehicle Inspection Report” (DD Form 626), as in

effect in March 2007, referenced in 35 Ill. Adm. Code 726.303.

“Requisition Tracking Form” (DD Form 1348), as in effect in July

1991 referenced in 35 Ill. Adm. Code 726.303.

“The Signature and Tally Record” (DD Form 1907), as in effect in

November 2006, referenced in 35 Ill. Adm. Code 726.303.

“Dangerous Goods Shipping Paper/Declaration and Emergency

Response Information for Hazardous Materials Transported by

Government Vehicles” (DD Form 836), as in effect in December

2007, referenced in 35 Ill. Adm. Code 726.303.

BOARD NOTE: DOD 6055.09-STD is available on-line for download in

pdf format from http://www.ddesb.pentagon.mil. DD Form 1348, DD

Form 1907, DD Form 836, and DOD 6055.09-STD are available on-line

for download in pdf format from http://www.dtic.mil/whs/directives/

infomgt/forms/formsprogram.htm.

USEPA, Office of Ground Water and Drinking Water. Available from

United States Environmental Protection Agency, Office of Drinking

Water, State Programs Division, WH 550 E, Washington, D.C. 20460:

“Inventory of Injection Wells,” USEPA Form 7520-16 (Revised 8-

01), referenced in 35 Ill. Adm. Code 704.148 and 704.283.

“Technical Assistance Document: Corrosion, Its Detection and

Control in Injection Wells,” USEPA publication number EPA-

570/9-87-002, August 1987, referenced in 35 Ill. Adm. Code

730.165.

USEPA, Receptor Analysis Branch. Available from Receptor Analysis

Branch, USEPA (MD-14), Research Triangle Park, NC 27711:

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources, Revised,” October 1992, USEPA publication

number EPA-450/R-92-019, USEPA-approved for Appendix I to

35 Ill. Adm. Code 726.

BOARD NOTE: EPA-454/R-92-019 is also available for purchase

from NTIS (see above) and on the Internet for free download as a

WordPerfect document from the USEPA website at following

Internet address:

www.epa.gov/scram001/guidance/guide/scrng.wpd.

USEPA Region 6. Available from United States Environmental

Protection Agency, Region 6, Multimedia Permitting and Planning

Division, 1445 Ross Avenue, Dallas, TX 75202 (phone: 214-665-7430):

“EPA RCRA Delisting Program—Guidance Manual for the

Petitioner,” March 23, 2000, referenced in Section 720.122.

USGSA. Available from the United States Government Services

Administration:

Government Bill of Lading (GBL) (GSA Standard Form 1103, rev

9/2003, supplemented as necessary with GSA Standard Form

1109, rev 09/1998), referenced in Section 726.303.

BOARD NOTE: Available on-line for download in various

formats from www.gsa.gov/forms/forms.htm.

Code of Federal Regulations. Available from the Superintendent of Documents,

U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:

10 CFR 20.2006 (2007) (2008) (Transfer for Disposal and Manifests),

referenced in 35 Ill. Adm. Code 702.110, 726.425, and 726.450.

Table II, column 2 in Appendix B to 10 CFR 20 (2007) (2008) (Water

Effluent Concentrations), referenced in 35 Ill. Adm. Code 702.110,

730.103, and 730.151.

Appendix G to 10 CFR 20 (2007) (2008), as amended at 73 Fed. Reg.

30456 (May 28, 2008) (Requirements for Transfers of Low-Level

Radioactive Waste Intended for Disposal at Licensed Land Disposal

Facilities and Manifests), referenced in 35 Ill. Adm. Code 726.440.

10 CFR 71 (2007) (2008), as amended at 73 Fed. Reg. 30456 (May 28,

2008) (Packaging and Transportation of Radioactive Material), referenced

generally in 35 Ill. Adm. Code 726.430.

10 CFR 71.5 (2007) (2008) (Transportation of Licensed Material),

referenced in 35 Ill. Adm. Code 726.425.

33 CFR 153.203 (2007)

(2008) (Procedure for the Notice of Discharge),

referenced in 35 Ill. Adm. Code 723.130 and 739.143.

40 CFR 3.2 (2007) (How Does This Part Provide for Electronic

Reporting?), referenced in Section 720.104.

40 CFR 3.3 (2007) (What Definitions Are Applicable to This Part?),

referenced in Section 720.104.

40 CFR 3.10 (2007) (What Are the Requirements for Electronic Reporting

to EPA?), referenced in Section 720.104.

40 CFR 3.2000 (2007) (What Are the Requirements Authorized State,

Tribe, and Local Programs’ Reporting Systems Must Meet?), referenced

in Section 720.104.

40 CFR 51.100(ii) (2007) (Definitions), referenced in 35 Ill. Adm. Code

726.200.

Appendix W to 40 CFR 51 (2007) (Guideline on Air Quality Models),

referenced in 35 Ill. Adm. Code 726.204.

BOARD NOTE: Also available from NTIS (see above for contact

information) as “Guideline on Air Quality Models,” Revised 1986,

USEPA publication number EPA-450/12-78-027R, NTIS document

numbers PB86-245248 (Guideline) and PB88-150958 (Supplement).

Appendix B to 40 CFR 52.741 (2007) (VOM Measurement Techniques

for Capture Efficiency), referenced in 35 Ill. Adm. Code 703.213,

703.352, 724.982, 724.984, 724.986, 724.989, 725.983, 725.985, 725.987,

and 725.990.

40 CFR 60 (2007), as amended at 72 Fed. Reg. 51365 (September 7,

2007), 72 Fed. Reg. 51494 (September 7, 2007), 72 Fed. Reg. 55278

(September 28, 2007), 72 Fed. Reg. 59190 (October 19, 2007), 72 Fed.

Reg. 62414 (November 5, 2007), 72 Fed. Reg. 64860 (November 16,

2007), 73 Fed. Reg. 3568 (January 18, 2008), 73 Fed. Reg. 18162 (April

3, 2008), 73 Fed. Reg. 24870 (May 6, 2008), 73 Fed. Reg. 29691 (May 22,

2008), 73 Fed. Reg. 30308 (May 27, 2008), 73 Fed. Reg. 31368 (June 2,

2008), 73 Fed. Reg. 31372 (June 2, 2008), and 73 Fed. Reg. 35838 (June

24, 2008) (Standards of Performance for New Stationary Sources),

referenced generally in 35 Ill. Adm. Code 724.964, 724.980, 725.964, and

725.980.

Subpart VV of 40 CFR 60 (2007), as amended at 72 Fed. Reg. 64860

(November 16, 2007) (Standards of Performance for Equipment Leaks of

VOC in the Synthetic Organic Chemicals Manufacturing Industry),

referenced in 35 Ill. Adm. Code 724.989 and 725.990.

Appendix A to 40 CFR 60 (2007), as amended at 72 Fed. Reg. 51365

(September 7, 2007), 72 Fed. Reg. 51494 (September 7, 2007), 72 Fed.

Reg. 55278 (September 28, 2007), 73 Fed. Reg. 29691 (May 22, 2008)

(Test Methods), referenced generally in 35 Ill. Adm. Code 726.205 (in

addition to the references cited below for specific methods):

Method 1 (Sample and Velocity Traverses for Stationary Sources),

referenced in 35 Ill. Adm. Code 726.205.

Method 2 (Determination of Stack Gas Velocity and Volumetric

Flow Rate (Type S Pitot Tube)), referenced in 35 Ill. Adm. Code

724.933, 724.934, 725.933, 725.934, and 726.205.

Method 2A (Direct Measurement of Gas Volume through Pipes

and Small Ducts), referenced in 35 Ill. Adm. Code 724.933,

725.933, and 726.205.

Method 2B (Determination of Exhaust Gas Volume Flow Rate

from Gasoline Vapor Incinerators), referenced in 35 Ill. Adm.

Code 726.205.

Method 2C (Determination of Gas Velocity and Volumetric Flow

Rate in Small Stacks or Ducts (Standard Pitot Tube)), referenced in

35 Ill. Adm. Code 724.933, 725.933, and 726.205.

Method 2D (Measurement of Gas Volume Flow Rates in Small

Pipes and Ducts), referenced in 35 Ill. Adm. Code 724.933,

725.933, and 726.205.

Method 2E (Determination of Landfill Gas Production Flow Rate),

referenced in 35 Ill. Adm. Code 726.205.

Method 2F (Determination of Stack Gas Velocity and Volumetric

Flow Rate with Three-Dimensional Probes), referenced in 35 Ill.

Adm. Code 726.205.

Method 2G (Determination of Stack Gas Velocity and Volumetric

Flow Rate with Two-Dimensional Probes), referenced in 35 Ill.

Adm. Code 726.205.

Method 2H (Determination of Stack Gas Velocity Taking into

Account Velocity Decay Near the Stack Wall), referenced in 35 Ill.

Adm. Code 726.205.

Method 3 (Gas Analysis for the Determination of Dry Molecular

Weight), referenced in 35 Ill. Adm. Code 724.443 and 726.205.

Method 3A (Determination of Oxygen and Carbon Dioxide

Concentrations in Emissions from Stationary Sources

(Instrumental Analyzer Procedure)), referenced in 35 Ill. Adm.

Code 726.205.

Method 3B (Gas Analysis for the Determination of Emission Rate

Correction Factor or Excess Air), referenced in 35 Ill. Adm. Code

726.205.

Method 3C (Determination of Carbon Dioxide, Methane, Nitrogen,

and Oxygen from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 4 (Determination of Moisture Content in Stack Gases),

referenced in 35 Ill. Adm. Code 726.205.

Method 5 (Determination of Particulate Matter Emissions from

Stationary Sources), referenced in 35 Ill. Adm. Code 726.205.

Method 5A (Determination of Particulate Matter Emissions from

the Asphalt Processing and Asphalt Roofing Industry), referenced

in 35 Ill. Adm. Code 726.205.

Method 5B (Determination of Nonsulfuric Acid Particulate Matter

Emissions from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 5D (Determination of Particulate Matter Emissions from

Positive Pressure Fabric Filters), referenced in 35 Ill. Adm. Code

726.205.

Method 5E (Determination of Particulate Matter Emissions from

the Wool Fiberglass Insulation Manufacturing Industry),

referenced in 35 Ill. Adm. Code 726.205.

Method 5F (Determination of Nonsulfate Particulate Matter

Emissions from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 5G (Determination of Particulate Matter Emissions from

Wood Heaters (Dilution Tunnel Sampling Location)), referenced

in 35 Ill. Adm. Code 726.205.

Method 5H (Determination of Particulate Emissions from Wood

Heaters from a Stack Location), referenced in 35 Ill. Adm. Code

726.205.

Method 5I (Determination of Low Level Particulate Matter

Emissions from Stationary Sources), referenced in 35 Ill. Adm.

Code 726.205.

Method 18 (Measurement of Gaseous Organic Compound

Emissions by Gas Chromatography), referenced in 35 Ill. Adm.

Code 724.933, 724.934, 725.933, and 725.934.

Method 21 (Determination of Volatile Organic Compound Leaks),

referenced in 35 Ill. Adm. Code 703.213, 724.934, 724.935,

724.963, 725.934, 725.935, 725.963, and 725.984.

Method 22 (Visual Determination of Fugitive Emissions from

Material Sources and Smoke Emissions from Flares), referenced in

35 Ill. Adm. Code 724.933, 724.1101, 725.933, 725.1101, and

727.900.

Method 25A (Determination of Total Gaseous Organic

Concentration Using a Flame Ionization Analyzer), referenced in

35 Ill. Adm. Code 724.934 and 725.985.

Method 25D (Determination of the Volatile Organic Concentration

of Waste Samples), referenced in 35 Ill. Adm. Code 724.982,

725.983, and 725.984.

Method 25E (Determination of Vapor Phase Organic

Concentration in Waste Samples), referenced in 35 Ill. Adm. Code

725.984.

Method 27 (Determination of Vapor Tightness of Gasoline

Delivery Tank Using Pressure-Vacuum Test), referenced in 35 Ill.

Adm. Code 724.987 and 725.987.

40 CFR 61 (2007), as amended at 73 Fed. Reg. 18162 (April 3, 2008) and

73 Fed. Reg. 24870 (May 6, 2008) (National Emission Standards for

Hazardous Air Pollutants), referenced generally in 35 Ill. Adm. Code

725.933, 725.964, and 725.980.

Subpart V of 40 CFR 61 (2007) (National Emission Standard for

Equipment Leaks (Fugitive Emission Sources)), referenced in 35 Ill. Adm.

Code 724.989 and 725.990.

Subpart FF of 40 CFR 61 (2007) (National Emission Standard for

Benzene Waste Operations), referenced in 35 Ill. Adm. Code 724.982 and

725.983.

40 CFR 63 (2007), amended in 72 Fed. Reg. 36363 (July 3, 2007), 72 Fed.

Reg. 38864 (July 16, 2007), 72 Fed. Reg. 61060 (October 29, 2007), 72

Fed. Reg. 73180 (December 26, 2007), 72 Fed. Reg. 73611 (December 28,

2007), 72 Fed. Reg. 74088 (December 28, 2007), 73 Fed. Reg. 226

(January 2, 2008), 73 Fed. Reg. 1738 (January 9, 2008), 73 Fed. Reg.

1916 (January 10, 2008), 73 Fed. Reg. 3568 (January 18, 2008), 73 Fed.

Reg. 7210 (February 7, 2008), 73 Fed. Reg. 12276 (March 7, 2008), 73

Fed. Reg. 17252 (April 1, 2008), 73 Fed. Reg. 18169 (April 3, 2008), 73

Fed. Reg. 18970 (April 8, 2008), 73 Fed. Reg. 21825 (April 23, 2008), and

73 Fed. Reg. 24870 (May 6, 2008) (National Emission Standards for

Hazardous Air Pollutants for Source Categories), referenced generally in

35 Ill. Adm. Code 725.933, 725.964, and 725.980.

Subpart RR of 40 CFR 63 (2007) (National Emission Standards for

Individual Drain Systems), referenced in 35 Ill. Adm. Code 724.982,

724.984, 724.985, 725.983, 725.985, and 725.986.

Subpart EEE of 40 CFR 63 (2000) (National Emission Standards for

Hazardous Air Pollutants from Hazardous Waste Combustors), referenced

in 35 Ill. Adm. Code 703.280.

Subpart EEE of 40 CFR 63 (2007), as amended at 73 Fed. Reg. 18970

(Apr. 8, 2008) (National Emission Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors) (includes 40 CFR 63.1206 (When

and How Must You Comply with the Standards and Operating

Requirements?), 63.1215 (What are the Health-Based Compliance

Alternatives for Total Chlorine?), 63.1216 (What are the Standards for

Solid-Fuel Boilers that Burn Hazardous Waste?), 63.1217 (What are the

Standards for Liquid-Fuel Boilers that Burn Hazardous Waste?), 63.1218

(What are the Standards for Hydrochloric Acid Production Furnaces that

Burn Hazardous Waste?), 63.1219 (What are the Replacement Standards

for Hazardous Waste Incinerators?), 63.1220 (What are the Replacement

Standards for Hazardous Waste-Burning Cement Kilns?), and 63.1221

(What are the Replacement Standards for Hazardous Waste-Burning

Lightweight Aggregate Kilns?)), referenced in Appendix A to 35 Ill. Adm.

Code 703 and 35 Ill. Adm. Code 703.155, 703.205, 703.208, 703.221,

703.232, 703.320, 703.280, 724.440, 724.701, 724.950, 725.440, and

726.200.

Method 301 (Field Validation of Pollutant Measurement Methods from

Various Waste Media) in appendix A to 40 CFR 63 (2007) (Test

Methods), referenced in 35 Ill. Adm. Code 725.984.

Appendix C to 40 CFR 63 (2007) (Determination of the Fraction

Biodegraded (Fbio) in a Biological Treatment Unit), referenced in 35 Ill.

Adm. Code 725.984.

Appendix D to 40 CFR 63 (2007) (Test Methods), referenced in 35 Ill.

Adm. Code 725.984.

40 CFR 136.3 (Identification of Test Procedures) (2007), referenced in 35

Ill. Adm. Code 702.110, 704.150, 704.187, and 730.103.

40 CFR 144.70 (2007) (Wording of the Instruments), referenced in 35 Ill.

Adm. Code 704.240.

40 CFR 232.2 (2007) (Definitions), referenced in 35 Ill. Adm. Code

721.104.

40 CFR 257 (2007) (Criteria for Classification of Solid Waste Disposal

Facilities and Practices), referenced in 35 Ill. Adm. Code 739.181.

40 CFR 258 (2007) (Criteria for Municipal Solid Waste Landfills),

referenced in 35 Ill. Adm. Code 739.181.

40 CFR 260.21 (2007) (Alternative Equivalent Testing Methods),

referenced in Section 720.121.

Appendix I to 40 CFR 260 (2007) (Overview of Subtitle C Regulations),

referenced in Appendix A to 35 Ill. Adm. Code 720.

Appendix III to 40 CFR 261 (2007) (Chemical Analysis Test Methods),

referenced in 35 Ill. Adm. Code 704.150 and 704.187.

40 CFR 262.53 (2007)(Notification of Intent to Export), referenced in 35

Ill. Adm. Code 722.153.

40 CFR 262.54 (2007) (Special Manifest Requirements), referenced in 35

Ill. Adm. Code 722.154.

40 CFR 262.55 (2007) (Exception Reports), referenced in 35 Ill. Adm.

Code 722.155.

40 CFR 262.56 (2007) (Annual Reports), referenced in 35 Ill. Adm. Code

722.156.

40 CFR 262.57 (2007) (Recordkeeping), referenced in 35 Ill. Adm. Code

722.157.

Appendix to 40 CFR 262 (2007) (Uniform Hazardous Waste Manifest and

Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)),

referenced in Appendix A to 35 Ill. Adm. Code 722 and 35 Ill. Adm. Code

724.986 and 725.987.

40 CFR 264.151 (2007) (Wording of the Instruments), referenced in 35 Ill.

Adm. Code 724.251 and 727.240.

Appendix I to 40 CFR 264 (2007) (Recordkeeping Instructions),

referenced in Appendix A to 35 Ill. Adm. Code 724.

Appendix IV to 40 CFR 264 (2007) (Cochran’s Approximation to the

Behrens-Fisher Students’ T-Test), referenced in Appendix D to 35 Ill.

Adm. Code 724.

Appendix V to 40 CFR 264 (2007) (Examples of Potentially Incompatible

Waste), referenced in Appendix E to 35 Ill. Adm. Code 724 and 35 Ill.

Adm. Code 727.270.

Appendix VI to 40 CFR 264 (2007) (Political Jurisdictions in Which

Compliance with § 264.18(a) Must Be Demonstrated), referenced in 35 Ill.

Adm. Code 703.306 and 724.118.

Appendix I to 40 CFR 265 (2007) (Recordkeeping Instructions),

referenced in Appendix A to 35 Ill. Adm. Code 725.

Appendix III to 40 CFR 265 (2007) (EPA Interim Primary Drinking Water

Standards), referenced in Appendix C to 35 Ill. Adm. Code 725.

Appendix IV to 40 CFR 265 (2007) (Tests for Significance), referenced in

Appendix D to 35 Ill. Adm. Code 725.

Appendix V to 40 CFR 265 (2007) (Examples of Potentially Incompatible

Waste), referenced in 35 Ill. Adm. Code 725.277, 725.330, 725.357,

725.382, and 725.413 and Appendix E to 35 Ill. Adm. Code 725.

Appendix IX to 40 CFR 266 (2007) (Methods Manual for Compliance

with the BIF Regulations), referenced generally in Appendix I to 35 Ill.

Adm. Code 726.

Section 4.0 (Procedures for Estimating the Toxicity Equivalence of

Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners),

referenced in 35 Ill. Adm. Code 726.200 and 726.204.

Section 5.0 (Hazardous Waste Combustion Air Quality Screening

Procedure), referenced in 35 Ill. Adm. Code 726.204.

Section 7.0 (Statistical Methodology for Bevill Residue

Determinations), referenced in 35 Ill. Adm. Code 726.212.

BOARD NOTE: Also available from NTIS (see above for contact

information) as “Methods Manual for Compliance with BIF Regulations:

Burning Hazardous Waste in Boilers and Industrial Furnaces,” December

1990, USEPA publication number EPA-530/SW-91-010, NTIS document

number PB91-120006.

40 CFR 270.5 (2007) (Noncompliance and Program Reporting by the

Director), referenced in 35 Ill. Adm. Code 703.305.

40 CFR 761 (2007), amended in 72 Fed. Reg. 53152 (September 18, 2007)

and 72 Fed. Reg. 57235 (October 9, 2007) (Polychlorinated Biphenyls

(PCBs) Manufacturing, Processing, Distribution in Commerce, and Use

Prohibitions), referenced generally in 35 Ill. Adm. Code 728.145.

40 CFR 761.3 (2007) (Definitions), referenced in 35 Ill. Adm. Code

728.102 and 739.110.

40 CFR 761.60 (2007), amended in 72 Fed. Reg. 57235 (October 9, 2007)

(Disposal Requirements), referenced in 35 Ill. Adm. Code 728.142.

40 CFR 761.65 (2007), amended in 72 Fed. Reg. 57235 (October 9, 2007)

(Storage for Disposal), referenced in 35 Ill. Adm. Code 728.150.

40 CFR 761.70, amended in 72 Fed. Reg. 57235 (October 9, 2007) (2007)

(Incineration), referenced in 35 Ill. Adm. Code 728.142.

Subpart B of 49 CFR 107 (2007), amended in 72 Fed. Reg. 55678

(October 1, 2007) (Exemptions), referenced generally in 35 Ill. Adm.

Code 724.986 and 725.987.

49 CFR 171 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007), 73

Fed. Reg. 4699 (January 28, 2008), and 73 Fed. Reg. 23362 (April 30,

2008) (General Information, Regulations, and Definitions), referenced

generally in 35 Ill. Adm. Code 733.118, 733.138, 733.152, and 739.143.

49 CFR 171.3 (2007) (Hazardous Waste), referenced in 35 Ill. Adm. Code

722.133.

49 CFR 171.8 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007),

73 Fed. Reg. 4699 (January 28, 2008), and 73 Fed. Reg. 23362 (April 30,

2008) (Definitions and Abbreviations), referenced in 35 Ill. Adm. Code

733.118, 733.138, 733.152, 733.155, and 739.143.

49 CFR 171.15 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007)

(Immediate Notice of Certain Hazardous Materials Incidents), referenced

in 35 Ill. Adm. Code 723.130 and 739.143.

49 CFR 171.16 (2007) (Detailed Hazardous Materials Incident Reports),

referenced in 35 Ill. Adm. Code 723.130 and 739.143.

49 CFR 172 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007), 72

Fed. Reg. 59146 (October 18, 2007), 73 Fed. Reg. 1089 (January 7, 2008),

73 Fed. Reg. 4699 (January 28, 2008), and 73 Fed. Reg. 20752 (April 16,

2008) (Hazardous Materials Table, Special Provisions, Hazardous

Materials Communications, Emergency Response Information, and

Training Requirements), referenced generally in 35 Ill. Adm. Code

722.131, 722.132, 724.986, 725.987, 733.114, 733.118, 733.134, 733.138,

733.152, 733.155, and 739.143.

49 CFR 172.304 (2007), amended in 72 Fed. Reg. 55678 (October 1,

2007) (Marking Requirements), referenced in 35 Ill. Adm. Code 722.132.

Subpart F of 49 CFR 172 (2007), amended in 72 Fed. Reg. 55678

(October 1, 2007) (Placarding), referenced in 35 Ill. Adm. Code 722.133.

49 CFR 173 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007), 73

Fed. Reg. 4699 (January 28, 2008), and 73 Fed. Reg. 23362 (April 30,

2008) (Shippers—General Requirements for Shipments and Packages),

referenced generally in 35 Ill. Adm. Code 722.130, 724.986, 724.416,

725.987, 733.118, 733.138, 733.152, and 739.143.

49 CFR 173.2 (2007) (Hazardous Materials Classes and Index to Hazard

Class Definitions), referenced in 35 Ill. Adm. Code 733.152.

49 CFR 173.12 (2007), amended in 73 Fed. Reg. 4699 (January 28, 2008)

(Exceptions for Shipments of Waste Materials), referenced in 35 Ill. Adm.

Code 724.416, 724.986, and 725.987.

49 CFR 173.28 (2007) (Reuse, Reconditioning, and Remanufacture of

Packagings), referenced in 35 Ill. Adm. Code 725.273.

49 CFR 173.50 (2007) (Class 1—Definitions), referenced in 35 Ill. Adm.

Code 721.124.

49 CFR 173.54 (2006) (Forbidden Explosives), referenced in 35 Ill. Adm.

Code 721.124.

49 CFR 173.115 (2007) (Class 2, Divisions 2.1, 2.2, and 2.3—

Definitions), referenced in 35 Ill. Adm. Code 721.121.

49 CFR 174 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007)

and 73 Fed. Reg. 20752 (April 16, 2008) (Carriage by Rail), referenced

generally in 35 Ill. Adm. Code 733.118, 733.138, 733.152, and 739.143.

49 CFR 175 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007), 73

Fed. Reg. 4699 (January 28, 2008), and 73 Fed. Reg. 23362 (April 30,

2008) (Carriage by Aircraft), referenced generally in 35 Ill. Adm. Code

733.118, 733.138, 733.152, and 739.143.

49 CFR 176 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007)

and 73 Fed. Reg. 4699 (January 28, 2008) (Carriage by Vessel),

referenced generally in 35 Ill. Adm. Code 733.118, 733.138, 733.152, and

739.143.

49 CFR 177 (2007), amended in 73 Fed. Reg. 4699 (January 28, 2008)

(Carriage by Public Highway), referenced generally in 35 Ill. Adm. Code

733.118, 733.138, 733.152, and 739.143.

49 CFR 178 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007)

and 72 Fed. Reg. 59146 (October 18, 2007) (Specifications for

Packagings), referenced generally in 35 Ill. Adm. Code 722.130, 724.416,

724.986, 725.416, 725.987, 733.118, 733.138, 733.152, and 739.143.

49 CFR 179 (2007), amended in 72 Fed. Reg. 55678 (October 1, 2007)

(Specifications for Tank Cars), referenced in 35 Ill. Adm. Code 722.130,

724.416, 724.986, 725.416, 725.987, 733.118, 733.138, 733.152, and

739.143.

49 CFR 180 (2006) (2007), amended in 72 Fed. Reg. 55678 (October 1,

2007) and 73 Fed. Reg. 4699 (January 28, 2008) (Continuing

Qualification and Maintenance of Packagings), referenced generally in 35

Ill. Adm. Code 724.986, 725.987, 733.118, 733.138, 733.152, and

739.143.

Federal Statutes:

Section 11 of the Atomic Energy Act of 1954 (42 USC 2014), as amended

through January 3, 2005 January 3, 2006, referenced in 35 Ill. Adm. Code

721.104 and 726.310.

Sections 201(v), 201(w), and 512(j) of the Federal Food, Drug, and

Cosmetic Act (FFDCA; 21 USC 321(v), 321(w), and 360b(j)), as amended

through January 3, 2005

January 3, 2006, referenced in Section 720.110

and 35 Ill. Adm. Code 733.109.

Section 1412 of the Department of Defense Authorization Act of 1986,

Pub. L. 99-145 (50 USC 1521(j)(1)), as amended through January 3, 2005

January 3, 2006, referenced in 35 Ill. Adm. Code 726.301.

This Section incorporates no later editions or amendments.

(Source: Amended at 32 Ill. Reg. 11726, effective July 14, 2008)

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section 720.122

Waste Delisting

Any person seeking to exclude a waste from a particular generating facility from

the lists in Subpart D of 35 Ill. Adm. Code 721 may file a petition, as specified in

subsection (n) of this Section. The Board will grant the petition if the following

occur:

The petitioner demonstrates that the waste produced by a particular

generating facility does not meet any of the criteria under which the waste

was listed as a hazardous or acute hazardous waste; and

The Board determines that there is a reasonable basis to believe that

factors (including additional constituents) other than those for which the

waste was listed could cause the waste to be a hazardous waste, that such

factors do not warrant retaining the waste as a hazardous waste. A Board

determination under the preceding sentence must be made by reliance on,

and in a manner consistent with, “EPA RCRA Delisting Program--—

Guidance Manual for the Petitioner,” incorporated by reference in Section

720.111(a). A waste that is so excluded, however, still may be a

hazardous waste by operation of Subpart C of 35 Ill. Adm. Code 721.

Listed wastes and mixtures. A person may also petition the Board to exclude

from 35 Ill. Adm. Code 721.103(a)(2)(B) or (a)(2)(C), a waste that is described in

these Sections and is either a waste listed in Subpart D of 35 Ill. Adm. Code 721,

or is derived from a waste listed in that Subpart. This exclusion may only be

granted for a particular generating, storage, treatment, or disposal facility. The

petitioner must make the same demonstration as required by subsection (a) of this

Section. Where the waste is a mixture of a solid waste and one or more listed

hazardous wastes or is derived from one or more listed hazardous wastes, the

demonstration must be made with respect to the waste mixture as a whole;

analyses must be conducted for not only those constituents for which the listed

waste contained in the mixture was listed as hazardous, but also for factors

(including additional constituents) that could cause the waste mixture to be a

hazardous waste. A waste that is so excluded may still be a hazardous waste by

operation of Subpart C of 35 Ill. Adm. Code 721.

Ignitable, corrosive, reactive and toxicity characteristic wastes. If the waste is

listed in codes “I,” “C,” “R,” or “E” in Subpart D of 35 Ill. Adm. Code 721, the

following requirements apply:

The petitioner must demonstrate that the waste does not exhibit the

relevant characteristic for which the waste was listed, as defined in 35 Ill.

Adm. Code 721.121, 721.122, 721.123, or 721.124, using any applicable

methods prescribed in those Sections. The petitioner must also show that

the waste does not exhibit any of the other characteristics, defined in those

Sections, using any applicable methods prescribed in those Sections; and

Based on a complete petition, the Board will determine, if it has a

reasonable basis to believe that factors (including additional constituents)

other than those for which the waste was listed could cause the waste to be

hazardous waste, that such factors do not warrant retaining the waste as a

hazardous waste. A Board determination under the preceding sentence

must be made by reliance on, and in a manner consistent with, “EPA

RCRA Delisting Program--—Guidance Manual for the Petitioner,”

incorporated by reference in Section 720.111(a). A waste that is so

excluded, however, may still be a hazardous waste by operation of Subpart

C of 35 Ill. Adm. Code 721.

Toxic waste. If the waste is listed in code “T” in Subpart D of 35 Ill. Adm. Code

721, the following requirements apply:

The petitioner must demonstrate that the waste fulfills the following

criteria:

It does not contain the constituent or constituents (as defined in

Appendix G of 35 Ill. Adm. Code 721) that caused USEPA to list

the waste; or

Although containing one or more of the hazardous constituents (as

defined in Appendix G of 35 Ill. Adm. Code 721) that caused

USEPA to list the waste, the waste does not meet the criterion of

35 Ill. Adm. Code 721.111(a)(3) when considering the factors used

in 35 Ill. Adm. Code 721.111(a)(3)(A) through (a)(3)(K) under

which the waste was listed as hazardous.

Based on a complete petition, the Board will determine, if it has a

reasonable basis to believe that factors (including additional constituents)

other than those for which the waste was listed could cause the waste to be

hazardous waste, that such factors do not warrant retaining the waste as a

hazardous waste.

The petitioner must demonstrate that the waste does not exhibit any of the

characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123,

or 721.124, using any applicable methods prescribed in those Sections.

A waste that is so excluded, however, may still be a hazardous waste by

operation of Subpart C of 35 Ill. Adm. Code 721.

Acute hazardous waste. If the waste is listed with the code “H” in Subpart D of

35 Ill. Adm. Code 721, the following requirements apply:

The petitioner must demonstrate that the waste does not meet the criterion

of 35 Ill. Adm. Code 721.111(a)(2); and

Based on a complete petition, the Board will determine, if it has a

reasonable basis to believe that factors (including additional constituents)

other than those for which the waste was listed could cause the waste to be

hazardous waste, that such factors do not warrant retaining the waste as a

hazardous waste. A Board determination under the preceding sentence

must be made by reliance on, and in a manner consistent with, “EPA

RCRA Delisting Program--—Guidance Manual for the Petitioner,”

incorporated by reference in Section 720.111(a).

The petitioner must demonstrate that the waste does not exhibit any of the

characteristics, defined in 35 Ill. Adm. Code 721.121, 721.122, 721.123,

or 721.124, using any applicable methods prescribed in those Sections.

A waste that is so excluded, however, may still be a hazardous waste by

operation of Subpart C of 35 Ill. Adm. Code 721.

This subsection (f) corresponds with 40 CFR 260.22(f), which USEPA has

marked “reserved.” This statement maintains structural consistency with the

federal regulations.

This subsection (g) corresponds with 40 CFR 260.22(g), which USEPA has

marked “reserved.” This statement maintains structural consistency with the

federal regulations.

Demonstration samples must consist of enough representative samples, but in no

case less than four samples, taken over a period of time sufficient to represent the

variability or the uniformity of the waste.

Each petition must include, in addition to the information required by subsection

(n) of this Section:

The name and address of the laboratory facility performing the sampling

or tests of the waste;

The names and qualifications of the persons sampling and testing the

waste;

The dates of sampling and testing;

The location of the generating facility;

A description of the manufacturing processes or other operations and feed

materials producing the waste and an assessment of whether such

processes, operations, or feed materials can or might produce a waste that

is not covered by the demonstration;

A description of the waste and an estimate of the average and maximum

monthly and annual quantities of waste covered by the demonstration;

Pertinent data on and discussion of the factors delineated in the respective

criterion for listing a hazardous waste, where the demonstration is based

on the factors in 35 Ill. Adm. Code 721.111(a)(3);

A description of the methodologies and equipment used to obtain the

representative samples;

A description of the sample handling and preparation techniques,

including techniques used for extraction, containerization, and

preservation of the samples;

10)

A description of the tests performed (including results);

11)

The names and model numbers of the instruments used in performing the

tests; and

12)

The following statement signed by the generator or the generator’s

authorized representative:

I certify under penalty of law that I have personally examined and

am familiar with the information submitted in this demonstration

and all attached documents, and that, based on my inquiry of those

individuals immediately responsible for obtaining the information,

I believe that the submitted information is true, accurate and

complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine and

imprisonment.

After receiving a petition, the Board may request any additional information that

the Board needs to evaluate the petition.

An exclusion will only apply to the waste generated at the individual facility

covered by the demonstration and will not apply to waste from any other facility.

The Board will exclude only part of the waste for which the demonstration is

submitted if the Board determines that variability of the waste justifies a partial

exclusion.

BOARD NOTE: See “EPA RCRA Delisting Program--—Guidance Manual for

the Petitioner,” incorporated by reference in Section 720.111(a).

Delisting of specific wastes from specific sources that have been adopted by

USEPA may be proposed as State regulations that are identical in substance

pursuant to Section 720.120(a).

Delistings that have not been adopted by USEPA may be proposed to the Board

pursuant to a petition for adjusted standard pursuant to Section 28.1 of the Act

[415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104. The justification for

the adjusted standard is as specified in subsections (a) through (g) of this Section,

as applicable to the waste in question. The petition must be clearly labeled as a

RCRA delisting adjusted standard petition.

In accordance with 35 Ill. Adm. Code 101.304, the petitioner must serve

copies of the petition, and any other documents filed with the Board, on

USEPA at the following addresses:

USEPA

Office of Solid Waste and Emergency Response

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

USEPA, Region 5

77 West Jackson Boulevard

Chicago, IL 60604

The Board will mail copies of all opinions and orders to USEPA at the

above addresses.

In conjunction with the normal updating of the RCRA regulations, the

Board will maintain, in Appendix I of 35 Ill. Adm. Code 721, a listing of

all adjusted standards granted by the Board.

The Agency may determine in a permit or a letter directed to a generator that,

based on 35 Ill. Adm. Code 721, a waste from a particular source is not subject to

these regulations. Such a finding is evidence against the Agency in any

subsequent proceedings but will not be conclusive with reference to other persons

or the Board.

Any petition to delist directed to the Board or request for determination directed

to the Agency must include a showing that the waste will be generated or

managed in Illinois.

The Board will not grant any petition that would render the Illinois RCRA

program less stringent than if the decision were made by USEPA.

Delistings apply only within Illinois. Generators must comply with 35 Ill. Adm.

Code 722 for waste that is hazardous in any state to which it is to be transported.

(Source: Amended at 30 Ill. Reg. 2930, effective February 23, 2006)

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

Section

721.101

Purpose and Scope

721.102

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

Section

721.130

General

721.131

Hazardous Wastes 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

SUBPART E: EXCLUSIONS AND EXEMPTIONS

Section

721.138

Comparable or Syngas Fuel Exclusion

721.139

Conditional Exclusion for Used, Broken CRTs and Processed CRT Glass

Undergoing Recycling

721.140

Conditional Exclusion for Used, Intact CRTs Exported for Recycling

721.141

Notification and Recordkeeping for Used, Intact CRTs Exported for Reuse

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 pursuant to 40 CFR 260.20 and 260.22 from

Non-Specific Sources

721.Table B Wastes Excluded by USEPA pursuant to 40 CFR 260.20 and 260.22 from

Specific Sources

721.Table C Wastes Excluded by USEPA pursuant to 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 7.2 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 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 November 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 November 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. 6003, effective April 13, 2005; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 2992,

effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 Ill. Reg. 791, effective

December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg. 11786, effective July 14, 2008.

SUBPART A: GENERAL PROVISIONS

Section 721.102

Definition of Solid Waste

Solid waste.

A solid waste is any discarded material that is not excluded by Section

721.104(a) or that is not excluded pursuant to 35 Ill. Adm. Code 720.130

and 720.131.

A discarded material is any material that is described as follows:

Abandoned, as explained in subsection (b) of this Section;

Recycled, as explained in subsection (c) of this Section;

Considered inherently waste-like, as explained in subsection (d) of

this Section; or

A military munition identified as a solid waste in 35 Ill. Adm.

Code 726.302.

A material is a solid waste if it is abandoned in one of the following ways:

It is disposed of;

It is burned or incinerated; or

It is accumulated, stored, or treated (but not recycled) before or in lieu of

being abandoned by being disposed of, burned, or incinerated.

A material is a solid waste if it is recycled--—or accumulated, stored, or treated

before recycling--—as specified in subsections (c)(1) through (c)(4) of this

Section, if one of the following occurs with regard to the material:

The material is used in a manner constituting disposal.

A material that is noted with a “yes” in column 1 of the table in

Appendix Z of this Part is a solid waste when one of the following

occurs:

The material is applied to or placed on the land in a manner

that constitutes disposal; or

ii)

The material is used to produce products that are applied to

or placed on the land or are otherwise contained in products

that are applied to or placed on the land (in which cases the

product itself remains a solid waste).

However, a commercial chemical product that is listed in Section

721.133 is not a solid waste if it is applied to the land and that is its

ordinary manner of use.

The material is burned for energy recovery.

A material that is noted with a “yes” in column 2 of the table in

Appendix Z of this Part is a solid waste when one of the following

occurs:

It is burned to recover energy;

ii)

It is used to produce a fuel or is otherwise contained in

fuels (in which case the fuel itself remains a solid waste);

iii)

It is contained in fuels (in which case the fuel itself remains

a solid waste).

However, a commercial chemical product that is listed in Section

721.133 is not a solid waste if it is itself a fuel.

Reclaimed. A material noted with a “yes” in column 3 of the table in

Appendix Z of this Part is a solid waste when reclaimed (except as

provided under Section 721.104(a)(17)). A material noted with a “--—”

in column 3 of Appendix Z of this Part is not a solid waste when

reclaimed.

Accumulated speculatively. A material noted with “yes” in column 4 of

the table in Appendix Z of this Part is a solid waste when accumulated

speculatively.

Inherently waste-like materials. The following materials are solid wastes when

they are recycled in any manner:

Hazardous waste numbers F020, F021 (unless used as an ingredient to

make a product at the site of generation), F022, F023, F026, and F028.

A secondary material fed to a halogen acid furnace that exhibits a

characteristic of a hazardous waste or which is listed as a hazardous waste,

as defined in Subpart C or D of this Part, except for brominated material

that meets the following criteria:

The material must contain a bromine concentration of at least 45

percent;

The material must contain less than a total of one percent of toxic

organic compounds listed in Appendix H of this Part; and

The material is processed continually on-site in the halogen acid

furnace via direct conveyance (hard piping).

The following criteria are used to add wastes to the list:

Disposal method or toxicity.

The material is ordinarily disposed of, burned, or

incinerated; or

ii)

The material contains toxic constituents listed in Appendix

H of this Part and these constituents are not ordinarily

found in raw materials or products for which the material

substitutes (or are found in raw materials or products in

smaller concentrations) and is not used or reused during the

recycling process; and

The material may pose a substantial hazard to human health and

the environment when recycled.

Materials that are not solid waste when recycled.

A material is not solid a waste when it can be shown to be recycled by

fulfilling one of the following conditions:

It is used or reused as an ingredient in an industrial process to

make a product, provided the material is not being reclaimed; or

It is used or reused as effective substitutes for commercial

products; or

It is returned to the original process from which it is generated,

without first being reclaimed or land disposed. The material must

be returned as a substitute for feedstock materials. In cases where

the original process to which the material is returned is a

secondary process, the material must be managed in such a manner

that there is no placement on the land. In cases where the material

is generated and reclaimed within the primary mineral processing

industry, the conditions of the exclusion found at Section

721.104(a)(17) apply rather than this provision.

The following materials are solid wastes, even if the recycling involves

use, reuse, or return to the original process (described in subsections

(e)(1)(A) through (e)(1)(C) of this Section):

A material used in a manner constituting disposal or used to

produce a product that is applied to the land; or

A material burned for energy recovery, used to produce a fuel, or

contained in fuels; or

A material accumulated speculatively; or

A material listed in subsections (d)(1) and (d)(2) of this Section.

Documentation of claims that a material is not a solid waste or is conditionally

exempt from regulation. A respondent in an action to enforce regulations

implementing Subtitle C of RCRA or Section 21 of the Environmental Protection

Act that raises a claim that a certain material is not a solid waste or that the

material is conditionally exempt from regulation must demonstrate that there is a

known market or disposition for the material and that the material meets the terms

of the exclusion or exemption. In doing so, the person must provide appropriate

documentation (such as contracts showing that a second person uses the material

as an ingredient in a production process) to demonstrate that the material is not a

waste or that the material is exempt from regulation. In addition, an owner or

operator of a facility claiming that it actually is recycling a material must show

that it has the necessary equipment to recycle that material.

(Source: Amended at 27 Ill. Reg. 12760, effective July 17, 2003)

Section 721.104

Exclusions

Materials that are not solid wastes. The following materials are not solid wastes

for the purpose of this Part:

Sewage.

Domestic sewage (untreated sanitary wastes that pass through a

sewer system); and

Any mixture of domestic sewage and other waste that passes

through a sewer system to publicly-owned treatment works for

treatment.

Industrial wastewater discharges that are point source discharges with

National Pollutant Discharge Elimination System (NPDES) permits issued

by the Agency pursuant to Section 12(f) of the Environmental Protection

Act [415 ILCS 5/12(f)] and 35 Ill. Adm. Code 309.

BOARD NOTE: This exclusion applies only to the actual point source

discharge. It does not exclude industrial wastewaters while they are being

collected, stored, or treated before discharge, nor does it exclude sludges

that are generated by industrial wastewater treatment.

Irrigation return flows.

Source, by-product, or special nuclear material, as defined by section 11

of the Atomic Energy Act of 1954, as amended (42 USC 2014),

incorporated by reference in 35 Ill. Adm. Code 720.111(b).

Materials subjected to in-situ mining techniques that are not removed from

the ground as part of the extraction process.

Pulping liquors (i.e., black liquors) that are reclaimed in a pulping liquor

recovery furnace and then reused in the pulping process, unless it is

accumulated speculatively, as defined in Section 721.101(c).

Spent sulfuric acid used to produce virgin sulfuric acid, unless it is

accumulated speculatively, as defined in Section 721.101(c).

Secondary materials that are reclaimed and returned to the original process

or processes in which they were generated, where they are reused in the

production process, provided that the following is true:

Only tank storage is involved, and the entire process through

completion of reclamation is closed by being entirely connected

with pipes or other comparable enclosed means of conveyance;

Reclamation does not involve controlled flame combustion (such

as occurs in boilers, industrial furnaces, or incinerators);

The secondary materials are never accumulated in such tanks for

over 12 months without being reclaimed; and

The reclaimed material is not used to produce a fuel or used to

produce products that are used in a manner constituting disposal.

Wood preserving wastes.

Spent wood preserving solutions that have been used and which

are reclaimed and reused for their original intended purpose;

Wastewaters from the wood preserving process that have been

reclaimed and which are reused to treat wood; and

Prior to reuse, the wood preserving wastewaters and spent wood

preserving solutions described in subsections (a)(9)(A) and

(a)(9)(B) of this Section, so long as they meet all of the following

conditions:

The wood preserving wastewaters and spent wood

preserving solutions are reused on-site at water-borne

plants in the production process for their original intended

purpose;

ii)

Prior to reuse, the wastewaters and spent wood preserving

solutions are managed to prevent release to either land or

groundwater or both;

iii)

Any unit used to manage wastewaters or spent wood

preserving solutions prior to reuse can be visually or

otherwise determined to prevent such releases;

iv)

Any drip pad used to manage the wastewaters or spent

wood preserving solutions prior to reuse complies with the

standards in Subpart W of 35 Ill. Adm. Code 725,

regardless of whether the plant generates a total of less than

100 kg/month of hazardous waste; and

Prior to operating pursuant to this exclusion, the plant

owner or operator prepares a one-time notification to the

Agency stating that the plant intends to claim the exclusion,

giving the date on which the plant intends to begin

operating under the exclusion, and containing the following

language: “I have read the applicable regulation

establishing an exclusion for wood preserving wastewaters

and spent wood preserving solutions and understand it

requires me to comply at all times with the conditions set

out in the regulation.” The plant must maintain a copy of

that document in its on-site records until closure of the

facility. The exclusion applies only so long as the plant

meets all of the conditions. If the plant goes out of

compliance with any condition, it may apply to the Agency

for reinstatement. The Agency must reinstate the exclusion

in writing if it finds that the plant has returned to

compliance with all conditions and that the violations are

not likely to recur. If the Agency denies an application, it

must transmit to the applicant specific, detailed statements

in writing as to the reasons it denied the application. The

applicant under this subsection (a)(9)(C)(v) may appeal the

Agency’s determination to deny the reinstatement, to grant

the reinstatement with conditions, or to terminate a

reinstatement before the Board pursuant to Section 40 of

the Act [415 ILCS 5/40].

10)

Hazardous waste numbers K060, K087, K141, K142, K143, K144, K145,

K147, and K148, and any wastes from the coke by-products processes that

are hazardous only because they exhibit the toxicity characteristic

specified in Section 721.124, when subsequent to generation these

materials are recycled to coke ovens, to the tar recovery process as a

feedstock to produce coal tar, or are mixed with coal tar prior to the tar’s

sale or refining. This exclusion is conditioned on there being no land

disposal of the waste from the point it is generated to the point it is

recycled to coke ovens, to tar recovery, to the tar refining processes, or

prior to when it is mixed with coal.

11)

Nonwastewater splash condenser dross residue from the treatment of

hazardous waste number K061 in high temperature metals recovery units,

provided it is shipped in drums (if shipped) and not land disposed before

recovery.

12)

Certain oil-bearing hazardous secondary materials and recovered oil, as

follows:

Oil-bearing hazardous secondary materials (i.e., sludges, by-

products, or spent materials) that are generated at a petroleum

refinery (standard industrial classification (SIC) code 2911) and

are inserted into the petroleum refining process (SIC code 2911:

including, but not limited to, distillation, catalytic cracking,

fractionation, gasification (as defined in 35 Ill. Adm. Code

720.110), or thermal cracking units (i.e., cokers)), unless the

material is placed on the land, or speculatively accumulated before

being so recycled. Materials inserted into thermal cracking units

are excluded under this subsection (a)(12), provided that the coke

product also does not exhibit a characteristic of hazardous waste.

Oil-bearing hazardous secondary materials may be inserted into

the same petroleum refinery where they are generated or sent

directly to another petroleum refinery and still be excluded under

this provision. Except as provided in subsection (a)(12)(B) of this

Section, oil-bearing hazardous secondary materials generated

elsewhere in the petroleum industry (i.e., from sources other than

petroleum refineries) are not excluded under this Section.

Residuals generated from processing or recycling materials

excluded under this subsection (a)(12)(A), where such materials as

generated would have otherwise met a listing under Subpart D of

this Part, are designated as USEPA hazardous waste number F037

listed wastes when disposed of or intended for disposal.

Recovered oil that is recycled in the same manner and with the

same conditions as described in subsection (a)(12)(A) of this

Section. Recovered oil is oil that has been reclaimed from

secondary materials (including wastewater) generated from normal

petroleum industry practices, including refining, exploration and

production, bulk storage, and transportation incident thereto (SIC

codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922,

4923, 4789, 5171, and 5172). Recovered oil does not include oil-

bearing hazardous wastes listed in Subpart D of this Part; however,

oil recovered from such wastes may be considered recovered oil.

Recovered oil does not include used oil, as defined in 35 Ill. Adm.

Code 739.100.

13)

Excluded scrap metal (processed scrap metal, unprocessed home scrap

metal, and unprocessed prompt scrap metal) being recycled.

14)

Shredded circuit boards being recycled, provided that they meet the

following conditions:

The circuit boards are stored in containers sufficient to prevent a

release to the environment prior to recovery; and

The circuit boards are free of mercury switches, mercury relays,

nickel-cadmium batteries, and lithium batteries.

15)

Condensates derived from the overhead gases from kraft mill steam

strippers that are used to comply with federal Clean Air Act regulation 40

CFR 63.446(e). The exemption applies only to combustion at the mill

generating the condensates.

16)

Comparable fuels or comparable syngas fuels (i.e., comparable or syngas

fuels) that meet the requirements of Section 721.138.

17)

Spent materials (as defined in Section 721.101) (other than hazardous

wastes listed in Subpart D of this Part) generated within the primary

mineral processing industry from which minerals, acids, cyanide, water, or

other values are recovered by mineral processing or by benefication,

provided that the following is true:

The spent material is legitimately recycled to recover minerals,

acids, cyanide, water, or other values;

The spent material is not accumulated speculatively;

Except as provided in subsection (a)(17)(D) of this Section, the

spent material is stored in tanks, containers, or buildings that meet

the following minimum integrity standards: a building must be an

engineered structure with a floor, walls, and a roof all of which are

made of non-earthen materials providing structural support (except

that smelter buildings may have partially earthen floors, provided

that the spent material is stored on the non-earthen portion), and

have a roof suitable for diverting rainwater away from the

foundation; a tank must be free standing, not be a surface

impoundment (as defined in 35 Ill. Adm. Code 720.110), and be

manufactured of a material suitable for containment of its contents;

a container must be free standing and be manufactured of a

material suitable for containment of its contents. If a tank or

container contains any particulate that may be subject to wind

dispersal, the owner or operator must operate the unit in a manner

that controls fugitive dust. A tank, container, or building must be

designed, constructed, and operated to prevent significant releases

to the environment of these materials.

The Agency must allow by permit that solid mineral processing

spent materials only may be placed on pads, rather than in tanks,

containers, or buildings if the facility owner or operator can

demonstrate the following: the solid mineral processing secondary

materials do not contain any free liquid; the pads are designed,

constructed, and operated to prevent significant releases of the

spent material into the environment; and the pads provide the same

degree of containment afforded by the non-RCRA tanks,

containers, and buildings eligible for exclusion.

The Agency must also consider whether storage on pads

poses the potential for significant releases via groundwater,

surface water, and air exposure pathways. Factors to be

considered for assessing the groundwater, surface water,

and air exposure pathways must include the following: the

volume and physical and chemical properties of the spent

material, including its potential for migration off the pad;

the potential for human or environmental exposure to

hazardous constituents migrating from the pad via each

exposure pathway; and the possibility and extent of harm to

human and environmental receptors via each exposure

pathway.

ii)

Pads must meet the following minimum standards: they

must be designed of non-earthen material that is compatible

with the chemical nature of the mineral processing spent

material; they must be capable of withstanding physical

stresses associated with placement and removal; they must

have runon and runoff controls; they must be operated in a

manner that controls fugitive dust; and they must have

integrity assurance through inspections and maintenance

programs.

iii)

Before making a determination under this subsection

(a)(17)(D), the Agency must provide notice and the

opportunity for comment to all persons potentially

interested in the determination. This can be accomplished

by placing notice of this action in major local newspapers,

or broadcasting notice over local radio stations.

BOARD NOTE: See Subpart D of 35 Ill. Adm. Code 703

for the RCRA Subtitle C permit public notice requirements.

The owner or operator provides a notice to the Agency, providing

the following information: the types of materials to be recycled,

the type and location of the storage units and recycling processes,

and the annual quantities expected to be placed in non-land-based

units. This notification must be updated when there is a change in

the type of materials recycled or the location of the recycling

process.

For purposes of subsection (b)(7) of this Section, mineral

processing spent materials must be the result of mineral processing

and may not include any listed hazardous wastes. Listed

hazardous wastes and characteristic hazardous wastes generated by

non-mineral processing industries are not eligible for the

conditional exclusion from the definition of solid waste.

18)

Petrochemical recovered oil from an associated organic chemical

manufacturing facility, where the oil is to be inserted into the petroleum

refining process (SIC code 2911) along with normal petroleum refinery

process streams, provided that both of the following conditions are true of

the oil:

The oil is hazardous only because it exhibits the characteristic of

ignitability (as defined in Section 721.121) or toxicity for benzene

(Section 721.124, USEPA hazardous waste code D018);

The oil generated by the organic chemical manufacturing facility is

not placed on the land, or speculatively accumulated before being

recycled into the petroleum refining process. An “associated

organic chemical manufacturing facility” is a facility for which all

of the following is true: its primary SIC code is 2869, but its

operations may also include SIC codes 2821, 2822, and 2865; it is

physically co-located with a petroleum refinery; and the petroleum

refinery to which the oil being recycled is returned also provides

hydrocarbon feedstocks to the organic chemical manufacturing

facility. “Petrochemical recovered oil” is oil that has been

reclaimed from secondary materials (i.e., sludges, by-products, or

spent materials, including wastewater) from normal organic

chemical manufacturing operations, as well as oil recovered from

organic chemical manufacturing processes.

19)

Spent caustic solutions from petroleum refining liquid treating processes

used as a feedstock to produce cresylic or naphthenic acid, unless the

material is placed on the land or accumulated speculatively, as defined in

Section 721.101(c).

20)

Hazardous secondary materials used to make zinc fertilizers, provided that

the following conditions are satisfied:

Hazardous secondary materials used to make zinc micronutrient

fertilizers must not be accumulated speculatively, as defined in

Section 721.101(c)(8).

A generator or intermediate handler of zinc-bearing hazardous

secondary materials that are to be incorporated into zinc fertilizers

must fulfill the following conditions:

It must submit a one-time notice to the Agency that

contains the name, address, and USEPA identification

number of the generator or intermediate handler facility,

that provides a brief description of the secondary material

that will be subject to the exclusion, and which identifies

when the manufacturer intends to begin managing excluded

zinc-bearing hazardous secondary materials under the

conditions specified in this subsection (a)(20).

ii)

It must store the excluded secondary material in tanks,

containers, or buildings that are constructed and maintained

in a way that prevents releases of the secondary materials

into the environment. At a minimum, any building used for

this purpose must be an engineered structure made of non-

earthen materials that provide structural support, and it

must have a floor, walls, and a roof that prevent wind

dispersal and contact with rainwater. A tank used for this

purpose must be structurally sound and, if outdoors, it must

have a roof or cover that prevents contact with wind and

rain. A container used for this purpose must be kept

closed, except when it is necessary to add or remove

material, and it must be in sound condition. Containers that

are stored outdoors must be managed within storage areas

that fulfill the conditions of subsection (a)(20)(F) of this

Section:

iii)

With each off-site shipment of excluded hazardous

secondary materials, it must provide written notice to the

receiving facility that the material is subject to the

conditions of this subsection (a)(20).

iv)

It must maintain records at the generator’s or intermediate

handler’s facility for no less than three years of all

shipments of excluded hazardous secondary materials. For

each shipment these records must, at a minimum, contain

the information specified in subsection (a)(20)(G) of this

Section.

A manufacturer of zinc fertilizers or zinc fertilizer ingredients

made from excluded hazardous secondary materials must fulfill the

following conditions:

It must store excluded hazardous secondary materials in

accordance with the storage requirements for generators

and intermediate handlers, as specified in subsection

(a)(20)(B)(ii) of this Section.

ii)

It must submit a one-time notification to the Agency that, at

a minimum, specifies the name, address, and USEPA

identification number of the manufacturing facility and

which identifies when the manufacturer intends to begin

managing excluded zinc-bearing hazardous secondary

materials under the conditions specified in this subsection

(a)(20).

iii)

It must maintain for a minimum of three years records of

all shipments of excluded hazardous secondary materials

received by the manufacturer, which must at a minimum

identify for each shipment the name and address of the

generating facility, the name of transporter, and the date on

which the materials were received, the quantity received,

and a brief description of the industrial process that

generated the material.

iv)

It must submit an annual report to the Agency that

identifies the total quantities of all excluded hazardous

secondary materials that were used to manufacture zinc

fertilizers or zinc fertilizer ingredients in the previous year,

the name and address of each generating facility, and the

industrial processes from which the hazardous secondary

materials were generated.

Nothing in this Section preempts, overrides, or otherwise negates

the provision in 35 Ill. Adm. Code 722.111 that requires any

person who generates a solid waste to determine if that waste is a

hazardous waste.

Interim status and permitted storage units that have been used to

store only zinc-bearing hazardous wastes prior to the submission

of the one-time notice described in subsection (a)(20)(B)(i) of this

Section, and that afterward will be used only to store hazardous

secondary materials excluded under this subsection (a)(20), are not

subject to the closure requirements of 35 Ill. Adm. Code 724 and

725.

A container used to store excluded secondary material must fulfill

the following conditions:

It must have containment structures or systems sufficiently

impervious to contain leaks, spills, and accumulated

precipitation;

ii)

It must provide for effective drainage and removal of leaks,

spills, and accumulated precipitation; and

iii)

It must prevent run-on into the containment system.

BOARD NOTE: Subsections (a)(20)(F)(i) through (a)(20)(F)(iii)

are derived from 40 CFR 261.4(a)(20)(ii)(B)(

) through

(a)(20)(ii)(B)(

). The Board added the preamble to these federal

paragraphs as subsection (a)(20)(F) to comport with Illinois

Administrative Code codification requirements.

Required records of shipments of excluded hazardous secondary

materials must, at a minimum, contain the following information:

The name of the transporter and date of the shipment;

ii)

The name and address of the facility that received the

excluded material, along with documentation confirming

receipt of the shipment; and

iii)

The type and quantity of excluded secondary material in

each shipment.

BOARD NOTE: Subsections (a)(20)(G)(i) through (a)(20)(G)(iii)

are derived from 40 CFR 261.4(a)(20)(ii)(D)(

) through

(a)(20)(ii)(D)(

). The Board added the preamble to these federal

paragraphs as subsection (a)(20)(G) to comport with Illinois

Administrative Code codification requirements.

21)

Zinc fertilizers made from hazardous wastes or hazardous secondary

materials that are excluded under subsection (a)(20) of this Section,

provided that the following conditions are fulfilled:

The fertilizers meet the following contaminant limits:

For metal contaminants:

Constituent

Maximum Allowable Total Concentration

in Fertilizer, per Unit (1%) of Zinc (ppm)

Arsenic

0.3

Cadmium

1.4

Chromium

0.6

Lead

2.8

Mercury

0.3

ii)

For dioxin contaminants, the fertilizer must contain no

more than eight parts per trillion of dioxin, measured as

toxic equivalent (TEQ).

The manufacturer performs sampling and analysis of the fertilizer

product to determine compliance with the contaminant limits for

metals no less frequently than once every six months, and for

dioxins no less frequently than once every 12 months. Testing

must also be performed whenever changes occur to manufacturing

processes or ingredients that could significantly affect the amounts

of contaminants in the fertilizer product. The manufacturer may

use any reliable analytical method to demonstrate that no

constituent of concern is present in the product at concentrations

above the applicable limits. It is the responsibility of the

manufacturer to ensure that the sampling and analysis are

unbiased, precise, and representative of the products introduced

into commerce.

The manufacturer maintains for no less than three years records of

all sampling and analyses performed for purposes of determining

compliance with subsection (a)(21)(B) of this Section. Such

records must at a minimum include the following:

The dates and times product samples were taken, and the

dates the samples were analyzed;

ii)

The names and qualifications of the persons taking the

samples;

iii)

A description of the methods and equipment used to take

the samples;

iv)

The name and address of the laboratory facility at which

analyses of the samples were performed;

A description of the analytical methods used, including any

cleanup and sample preparation methods; and

vi)

All laboratory analytical results used to determine

compliance with the contaminant limits specified in this

subsection (a)(21).

22)

Used CRTs.

Used, intact CRTs, as defined in 35 Ill. Adm. Code 720.110, are

not solid waste within the United States, unless they are disposed

of or speculatively accumulated, as defined in Section

721.101(c)(8), by a CRT collector or glass processor.

Used, intact CRTs, as defined in 35 Ill. Adm. Code 720.110, are

not solid waste when exported for recycling, provided that they

meet the requirements of Section 721.140.

Used, broken CRTs, as defined in 35 Ill. Adm. Code 720.110, are

not solid waste, provided that they meet the requirements of

Section 721.139.

Glass removed from CRTs is not a solid waste provided that it

meets the requirements of Section 721.139(c).

Solid wastes that are not hazardous wastes. The following solid wastes are not

hazardous wastes:

Household waste, including household waste that has been collected,

transported, stored, treated, disposed of, recovered (e.g., refuse-derived

fuel), or reused. “Household waste” means any waste material (including

garbage, trash, and sanitary wastes in septic tanks) derived from

households (including single and multiple residences, hotels, and motels,

bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds,

and day-use recreation areas). A resource recovery facility managing

municipal solid waste must not be deemed to be treating, storing,

disposing of, or otherwise managing hazardous wastes for the purposes of

regulation under this Part, if the following describe the facility:

The facility receives and burns only the following waste:

Household waste (from single and multiple dwellings,

hotels, motels, and other residential sources); or

ii)

Solid waste from commercial or industrial sources that

does not contain hazardous waste; and

The facility does not accept hazardous waste and the owner or

operator of such facility has established contractual requirements

or other appropriate notification or inspection procedures to assure

that hazardous wastes are not received at or burned in such facility.

BOARD NOTE: The U.S. Supreme Court determined, in City of Chicago

v. Environmental Defense Fund, Inc., 511 U.S. 328, 114 S. Ct. 1588, 128

L. Ed. 2d 302 (1994), that this exclusion and RCRA section 3001(i) (42

USC 6921(i)) do not exclude the ash from facilities covered by this

subsection (b)(1) from regulation as a hazardous waste. At 59 Fed. Reg.

29372 (June 7, 1994), USEPA granted facilities managing ash from such

facilities that is determined a hazardous waste under Subpart C of this Part

until December 7, 1994 to file a Part A permit application pursuant to 35

Ill. Adm. Code 703.181. At 60 Fed. Reg. 6666 (Feb. 3, 1995), USEPA

stated that it interpreted that the point at which ash becomes subject to

RCRA Subtitle C regulation is when that material leaves the combustion

building (including connected air pollution control equipment).

Solid wastes generated by any of the following that are returned to the soil

as fertilizers:

The growing and harvesting of agricultural crops, or

The raising of animals, including animal manures.

Mining overburden returned to the mine site.

Fly ash waste, bottom ash waste, slag waste, and flue gas emission control

waste generated primarily from the combustion of coal or other fossil

fuels, except as provided in 35 Ill. Adm. Code 726.212 for facilities that

burn or process hazardous waste.

Drilling fluids, produced waters, and other wastes associated with the

exploration, development, or production of crude oil, natural gas, or

geothermal energy.

Chromium wastes.

Wastes that fail the test for the toxicity characteristic (Section

721.124 and Appendix B to this Part) because chromium is present

or which are listed in Subpart D of this Part due to the presence of

chromium, that do not fail the test for the toxicity characteristic for

any other constituent or which are not listed due to the presence of

any other constituent, and that do not fail the test for any other

characteristic, if the waste generator shows the following:

The chromium in the waste is exclusively (or nearly

exclusively) trivalent chromium;

ii)

The waste is generated from an industrial process that uses

trivalent chromium exclusively (or nearly exclusively) and

the process does not generate hexavalent chromium; and

iii)

The waste is typically and frequently managed in non-

oxidizing environments.

The following are specific wastes that meet the standard in

subsection (b)(6)(A) of this Section (so long as they do not fail the

test for the toxicity characteristic for any other constituent and do

not exhibit any other characteristic):

Chrome (blue) trimmings generated by the following

subcategories of the leather tanning and finishing industry:

hair pulp/chrome tan/retan/wet finish, hair save/chrome