ILLINOIS POLLUTION CONTROL BOARD
January 9,
1992
IN THE
MATTER
OF:
)
)
RCRA WOOD PRESERVING RULES
)
R91-26
COMPLIANCE DATES
)
(Identical in
Substance
)
Rules)
ADOPTED RULES.
FINAL ORDER.
OPINION
AND
ORDER OF THE
BOARD
(by J. Anderson):
On October 24,
1991, the Board proposed to extend the
compliance dates for certain wood preserving wastes in listings
F034 and F035
in 35 Ill.
Adm. Code 721.131.
The Proposal
appeared on November 8,
1991, at 15 Ill.
Reg. 15910.
The Board
has received public comment only from the Administrative Code
Division.
The Board will therefore adopt the rules substantially
as proposed.
On August
8,
1991, the Board entered a final Opinion and
Order in R91-l.
Among other things, the Board adopted new
regulations regulating wood preservers.
These rules were derived
from USEPA regulations adopted at 55 Fed. Reg.
50450,
December
6,
1990.
As was discussed on p. 11—14 of the R91—l Opinion, USEPA
administratively stayed the wood preserving rules at
56
Fed. Reg.
27332, June 13,
1991.
The Board addressed the stay in R9l-1,
even though it was outside the normal batch period for the
Docket.
As was discussed in the R91—1 Opinion, commenters asked the
Board to delay adoption of the wood preserving rules until after
the USEPA administrative stay expired.
Instead, the Board
determined to adopt the USEPA wood preserving rules, along with
USEPA’s language staying the rules; however, the stay applied
only to those who made prior date-certain filings of required
information.
To qualify for the USEPA administrative stay,
wood
preservers had to notify USEPA by August
6,
1991, that they
intended to upgrade drip pads by placing an impermeable coating
on the surface.
Wood preservers also have to notify USEPA by
November 6,
1991, with a plan and financial commitments for the
upgrading,
which upgrading must then be completed by February 6,
1992.
This Docket concerns only the non-HSWA portions of the wood
preserving rules.
Non-HSWA requirements are not effective in
authorized states, such as Illinois, until they are adopted by
the states.
As was discussed on
p.
13 of the R91-l Opinion,
USEPA and wood preservers subject only to the non-HSWA portions
of the USEPA rules may have been operating on the assumption that
Illinois would not adopt the USEPA rules because of the USEPA
129—235
2
stay and anticipated USEPA modification of their rules.
However,
the Environmental Protection Act
(see Sections 7.2(a)
and
22.4(a)) expects the Board to adopt these rules,
subject to the
stay.
In that the Board’s action might have caused confusion,
the Board had extended the initial notification date,
from August
6 to November 6,
1991, to qualify for the stay from the Board
rules.
Since the R91-1 rules were filed however, Board staff has
received several calls from wood preservers claiming that the
coating’operation required outdoor temperatures in excess of 70
degrees Fahrenheit.
It is therefore physically impossible to
comply with the conditions of the stay by preparing a plan and
carrying out the coating operation before February 6, at least in
Illinois.
As was discussed above, and in R91—l, USEPA has stayed these
requirements and may not expect the States to adopt them all
until after the federal rules have been modified in a subsequent
rulemaking.
In any event,
40 CFR 271.21(e) would not require
State action on the non-HSWA components until July 1,
1992.
The
Board is therefore now extending the upgrading compliance date to
July 1,
1992.
The Board will also extend the date for the plan
and financial commitments to February 6,
1992, to give wood
preservers time to file the plan and financial commitments after
the Board’s rules become effective.
Our instant action is a correction to R91-1, as contemplated
in Section 7.2(b) of the Act.
In this Docket the Board
is doing
that which it would have done in R91-1, had it been fully advised
of the facts.
The Board will therefore amend the “stay” languagG in the
Board Notes following listings F034 and F035 in Section 721.131,
as is set forth below.
It apparently is not necessary to amend
the operative language in Section 724.673 and 725.543.
The stay
of F032
is HSWA—driven, and apparently cannot be extended.
The Board directs that the text of the adopted rules be
published in the Illinois Register as soon as possible
ORDER
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
129—236
3
Section
721.101
721.102
721.103
721.104
721.105
721.106
721.107
721.108
Purpose and Scope
Definition of Solid Waste
Definition of Hazardous Waste
Exclusions
Special Requirements for Hazardous Waste Generated by
Small Quantity Generators
Requirements for Recyclable Materials
Residues of Hazardous Waste in Empty Containers
PCB Wastes Regulated under TSCA
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
General
Characteristic of Ignitability
Characteristic of Corrosivity
Characteristic of Reactivity
General
Hazardous Wastes From Nonspecific Sources
Hazardous Waste from Specific Sources
Discarded Commercial Chemical Products,
Off-
Specification Species, Container Residues and Spill
Residues Thereof
721.135
Wood Preserving Wastes
721.Appendix
721.Appendix
~~App
endix
Table A
Table B
Table C
721.Appendix
721.Appendix
721.Appendix
Table A
Table B
Table C
A Representative Sampling Methods
B Method 1311 Toxicity Characteristic Leaching
Procedure (TCLP)
C Chemical Analysis Test Methods
Analytical Characteristics of Organic Chemicals
(Repealed)
Analytical Characteristics of Inorganic Species
(Repealed)
Sample Preparation/Sample Introduction Techniques
(Repealed)
G Basis for Listing Hazardous Wastes
H Hazardous Constituents
I Wastes Excluded
Wastes Excluded
Wastes Excluded
Wastes Excluded
under Section 720.120 and 720.122
from Non—Specific Sources
from Specific Sources
From Commercial Chemical Products,
Section
721.120
721.121
721.122
721.123
721.124
Section
721.130
721.131
721.132
721. 133
Toxicity Characteristic
SUBPART D:
LISTS OF HAZARDOUS WASTE
129—237
4
Off—Specification Species, Container Residues, and
Soil Residues Thereof
721.Appendix J Method of Analysis for Chlorinated Dibenzo-p-
Dioxins and Dibenzofurans
721.Appendix
Z Table to Section 721.102
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111½, pars.
1022.4 and 1027).
SOURCE:
Adopted in R81—22,
43 PCB 427, at
5 Ill.
Reg.
9781,
effective as noted in 35 Ill. Adm. Code 700.106; amended and
codified in R8l—22,
45 PCB 317,
at
6 Ill. Reg. 4828,
effective as
noted in 35 Ill. Adm. Code 700.106; amended in R82—18,
51 PCB 31,
at
7 Ill. Reg.
2518,
effective February 22,
1983;
amended in R82-
19,
53 PCB 131,
at 7
Ill.
Reg.
13999, effective October 12,
1983;
amended in R84—34,
61 PCB 247, at 8 Ill. Reg.
24562,
effective
December 11,
1984; amended in R84—9, at
9 Ill. Reg.
11834,
effective July 24,
1985; amended in R85—22 at 10
Ill. Reg.
998,
effective January
2,
1986; amended in R85—2 at 10
Ill. .Reg~8112,
effective May 2,
1986; amended in R86—1 at 10 Ill. Reg.
14002,
effective August 12,
1986; amended in R86—19 at 10 Ill.
Reg.
20647,
effective December 2, 1986; amended in R86—28 at 11 Ill.
Reg.
6035, effective March 24,
1987; amended in R86-46 at 11
Ill.
Reg.
13466, effective August 4,
1987; amended in R87—32 at
11
Ill. Reg.
16698, effective September 30,
1987; amended in R87-5
at 11 Ill. Reg.
19303, effective November 12,
1987;
amended in
R87—26 at 12 Ill.
Reg.
2456, effective January
15,
1988; amended
in R87—30 at 12 Ill. Reg.
12070, effective July 12,
1988; amended
in R87—39 at 12 Ill. Reg.
13006, effective July 29,
1988; amended
in R88-16 at 13 Ill. Reg.
382, effective December 27,
1988;
amended in R89-1 at 13 Ill. Reg.
18300, effective November 13,
1989; amended in R90—2 at 14 Ill.
Reg.
14401, effective August
22,
1990; amended in R90-10 at 14 Ill.
Reg.
16472, effective
September 25,
1990; amended in R90-l7 at
15 Ill.
Reg.
7950,
effective May 9,
1991;
amended in R90-11 at
15 Ill.
Reg. 9332,
effective June 17,
1991; amended in R91—1 at 15 Ill. Reg.
14473,
effective September 30,
1991;
amended in R91-12 at 16 Ill. Reg.
effective
;
amended in R91—26 at 16 Ill.
Reg.
effective
SUBPART D:
LISTS OF HAZARDOUS WASTE
Section 721.131
Hazardous Wastes From Nonspecific Sources
a)
The following solid wastes are listed hazardous wastes
from non—specific sources unless they are excluded
under 35 Ill.
Adin.
Code 720.120 and 720.122 and listed
in Appendix
I.
EPA
Industry and Hazardous Waste
Haz-
Hazardous
ard
129—238
5
Waste No.
Code
FOOl
The following spent halogenated
(T)
solvents used in degreasing:
tetra—
chloroethylene, trichloroethylene,
methylene chloride,
1,1,1-trichloro-
ethane,
carbon tetrachloride and
chlorinated fluorocarbons; all spent
solvent mixtures and blends used in
degreasing containing,
before use,
a
total of ten percent or more
(by
volume)
of one or more of the above
halogenated solvents or those solvents
listed in F002,
F004 or F005; and still
bottoms from the recovery of these
spent solvents and spent solvent
mixtures.
F002
The following spent halogenated
(T)
solvents:
tetrachioroethylene,
methylene chloride, trichioroethylene,
1,1,1—trichloroethane,
chlorobenzene,
1,1,2—trichloro-1,2, 2—trifluoroethane,
orthodichlorobenzene, trichioro—
fluoromethane and 1,1,2—trichloro—
ethane; all spent solvent mixtures and
blends containing,
before use,
a total
of ten percent or more
(by volume)
of
one or more of the above halogenated
solvents or those solvents listed in
FOOl,
F004 or F005; and still bottoms
from the recovery of these spent
solvents and spent solvent mixtures.
F003
The following spent non-halogenated
(I)
solvents:
xylene, acetone, ethyl
acetate,
ethyl benzene,
ethyl ether,
methyl isobutyl ketone, n-butyl
alcohol, cyclohexanone and methanol;
all spent solvent mixtures and blends
containing,
before use, only the above
spent non—halogenated solvents; and all
spent solvent mixtures and blends
containing,
before use, one or more of
the above non—halogenated solvents and
a total of ten percent or more
(by
volume) of one or more of those
solvents listed in FOOl,
F002,
F004 or
F005;
and still bottoms from the
recovery of these spent solvents and
spent solvent mixtures.
129—239
6
FOO4
The following spent non-halogenated
(T)
solvents:
cresols and cresylic acid
and nitrobenzene; all spent solvent
mixtures and blends containing,
before
use,
a total of ten percent or more
(by
volume)
of one or more of the above
non—halogenated solvents or those
solvents listed in FOOl,
FOO2 or FOOS;
and still bottoms from the recovery of
these spent solvents and spent solvent
mixtures.
FOO5
The following spent non-halogenated
(I,
solvents:
toluene, methyl ethyl
T)
ketone,
carbon disulfide,
isobutanol,
pyridine, benzene, 2-ethoxyethanol and
2—nitropropane;
all spent solvent
mixtures and blends,
containing, before
use, a total of ten percent or more
(by
volume)
of one or more of the above
non—halogenated solvents or those
solvents listed in FOOl,
FOO2 or FOO4;
and still bottoms from the recovery of
these spent solvents and spent solvent
mixtures.
FOO6
Wastewater treatment sludges from
(T)
electroplating operations except from
the following processes:
(1)
sulfuric
acid anodizing of aluminum;
(2) tin
plating on carbon steel;
(3)
zinc
plating
(segregated basis)
on carbon
steel;
(4) aluminum or zinc—aluminum
plating on carbon steel;
(5)
cleaning/stripping associated with tin,
zinc and aluminum plating on carbon
steel; and
(6) chemical etching and
milling of aluminum.
F019
See Below
FOO7
Spent cyanide plating bath solutions
(R,
from electroplating operations.
T)
FOO8
Plating bath residues from the bottom
(R,
of plating baths from electroplating
T)
operations where cyanides are used in
the process.
F009
Spent stripping and cleaning bath
(R,
solutions from electroplating
T)
operations where cyanides are used in
129—240
7
the process.
FOlO
Quenching bath residues from oil baths
(R,
from metal heat treating operations
T)
where cyanides are used in the process.
FOil
Spent cyanide solutions from salt bath
(R,
pot cleaning from metal heat treating
T)
operations.
FO12
Quenching wastewater treatment sludges
(T)
from metal heat treating operations
where cyanides are used in the process.
FO19
Wastewater treatment sludges from the
(T)
chemical conversion coating of aluminum
except from zirconium phosphating in
aluminum can washing when such
phosphating is an exclusive conversion
coating process.
FO2O
Wastes
(except wastewater and spent
(H)
carbon from hydrogen chloride
purification) from the production or
manufacturing use
(as a reactant,
chemical intermediate or component in a
formulating process)
of tn— or tetra—
chlorophenol,
or of intermediates used
to produce their pesticide derivatives.
(This listing does not include wastes
from the production of hexachlorophene
from highly purified 2,4,5—trichloro-
phenol.)
F02l
Wastes
(except wastewater and spent
(H)
carbon from hydrogen chloride
purification) from the production or
manufacturing use
(as a reactant,
chemical intermediate or component in a
formulating process)
of pentachloro—
phenol, or of intermediates used to
produce its derivatives.
FO22
Wastes
(except wastewater and spent
(H)
carbon from hydrogen chloride
purification) from the manufacturing
use
(as a reactant, chemical
intermediate or component in a
formulating process)
of tetra—, penta-
or hexachlorobenzenes under alkaline
conditions.
129—24 1
8
F023
Wastes (except wastewater and spent
(H)
carbon from hydrogen chloride
purification)
from the production of
materials on equipment previously used
for the production or manufacturing use
(as a reactant, chemical intermediate
or component in a formulating process)
of tn- and tetrachlorophenols.
(This
listing does not include wastes from
equipment used only for the production
or use of hexachlorophene from highly
purified 2,4,5- trichiorophenol.
F024
Process wastes including but not
(T)
limited to, distillation residues,
heavy ends,
tars, and reactor cleanout
wastes, from the production of certain
chlorinated aliphatic hydrocarbons by
free radical catalyzed processes.
These chlorinated aliphatic
hydrocarbons are those having carbon
chain lengths ranging from one to and
including five, with varying amounts
and positions of chlorine substitution.
(This listing does not include
wastewaters, wastewater treatment
sludges,
spent catalysts and wastes
listed in this Section or Section
721.132.)
FO25
Condensed light ends,
spent filters and
(T)
filter aids,
and spent desicant wastes
from the production of certain
chlorinated aliphatic hydrocarbons by
free radical catalyzed processes.
These chlorinated aliphatic
hydrocarbons are those having carbon
chain lengths ranging from one to and
including five,
with. varying amounts
and positions of chlorine substitution.
F026
Wastes
(except wastewater and spent
(H)
carbon from hydrogen chloride
purification)
from the production of
materials on equipment previously used
for the manufacturing use
(as a
reactant, chemical intermediate or
component in a formulating process)
of
tetra—, penta— or hexachlorobenzene
under alkaline conditions.
F027
Discarded unused formulations
(H)
129—242
9
containing tn-, tetra- or pentachloro-
phenol or discarded unused formulations
containing compounds derived from these
chlorophenols.
(This listing does not
include formulations containing hexa—
chlorophene synthesized from
prepurified 2,4,5-trichlorophenol as
the sole component).
FO28
Residues resulting from the
(T)
incineration or thermal treatment of
soil contaminated with hazardous waste
numbers F020,
FO21,
F022,
FO23,
F026
and F027.
F032
Wastewaters, process residuals,
(T)
preservative drippage and spent
formulations from wood preserving
processes generated at plants that
currently use or have previously used
chlorophenolic formulations
(except
potentially cross—contaminated wastes
that have had the F032 waste code
deleted in accordance with Section
721.135 and where the generator does
not resume or initiate use of chloro—
phenolic formulations).
This listing
does not include KOO1 bottom sediment
sludge from the treatment of wastewater
from wood preserving processes that use
creosote or pentachlorophenol.
BOARD NOTE:
The listing of wastewaters
that have not come into contact with
process contaminants is stayed
administratively.
The listing for
plants that have previously used
chlorophenolic formulations is
administratively stayed whenever these
wastes are covered by the F034 or F035
listings.
These stays will remain in
effect until further administrative
action is taken.
Furthermore, the FO32
listing is administratively stayed with
respect to the process area receiving
drippage of these wastes provided
persons desiring to continue operating
notify USEPA by August
6,
1991, of
their intent to upgrade or install drip
pads, and by November 6,
1991, provide
evidence to USEPA that they have
adequate financing to pay for drip pad
129—243
10
upgrades or installation,
as provided
in the administrative stay.
The stay
of listings will remain in effect until
February 6,
1992,
for existing drip
pads,
and until May 6, 1992,
for new
drip pads.
F034
Wastewaters, process residuals,
(T)
preservative dnippage and spent
formulations from wood preserving
processes generated at plants that use
creosote formulations.
This listing
does not include KOO1 bottom sediment
sludge from the treatment of wastewater
from wood preserving processes that use
creosote or pentachlorophenol.
BOARD NOTE:
The listing of wastewaters
that have not come into contact with
process contaminants
is stayed
administratively.
These stays will
remain in effect until further
administrative action is taken.
Furthermore, the F034 and FO35 listings
are administratively stayed with
respect to the process area receiving
dnippage of these wastes provided that,
by November
6,
l99lFebruary 6,
1992,
persons desiring to continue operating
notify the Agency of their intent to
upgrade or install drip pads,
and
provide evidence to the Agency that
they have adequate financing to pay for
drip pad upgrades or installation, as
provided in the administrative stay.
The stay of listings will remain in
effect until February
6,
1992,
for
cxi~tingdrip pad3,
and until May
6,
1992,
for new drip pad3July 1,
1992.
F035
Wastewaters, process residuals,
(T)
preservative drippage and spent
formulations from wood preserving
processes generated at plants that use
inorganic preservatives containing
arsenic or chromium.
This listing does
not include KOOl bottom sediment sludge
from the treatment of wastewater from
wood preserving processes that use
creosote or pentachlorophenol.
BOARD NOTE:
The listing of wastewaters
129—244
11
that have not come into contact with
process contaminants
is stayed
administratively.
These stays will
remain in effect until further
administrative action is taken.
Furthermore, the F034 and F035 listings
are administratively stayed with
respect to the process area receiving
drippage of these wastes provided that,
by November
6, l99lFebruary 6,
1992,
persons desiring to continue operating
notify the Agency of their intent to
upgrade or install drip pads,
and
provide evidence to the Agency that
they have adequate financing to pay for
drip pad upgrades or installation,
as
provided in the administrative stay.
The stay of listings will remain in
effect until February
6,
1992,
for
existing drip pads,
and until May
6,
1992, for new drip padoJuly 1,
1992.
F037
Petroleum refinery primary oil/water!
(T
solids separation sludge
--
Any sludge
generated from the gravitational
separation of oil/water/solids during
the storage or treatment of process
wastewaters and oily cooling
wastewaters from petroleum refineries.
Such sludges include, but are not
limited to, those generated in:
oil/
water/solids separators; tanks and
impoundments; ditches and other
conveyances; sumps;
and stormwater
units receiving dry weather flow.
Sludges generated in stormwater units
that do not receive dry weather flow,
sludges generated in aggressive
biological treatment units as defined
in subsection
(b) (2)
(including sludges
generated in one or more additional
units after wastewaters have been
treated in aggressive biological
treatment units) and KO51 wastes are
not included in this listing.
F038
Petroleum refinery secondary
(T)
(emulsified)
oil/water/solids
separation sludge
—-
Any sludge or
float generated from the physical or
chemical separation of oil/water/solids
in process wastewaters and oily cooling
129—245
12
wastewaters from petroleum refineries.
Such wastes include, but are not
limited to, all sludges and floats
generated in:
induced air floatation
(IAF)
units, tanks and impoundments,
and all sludges generated in DAF units.
Sludges generated in stormwater units
that do not receive dry weather flow,
sludges generated in aggressive
biological treatment units as defined
in subsection
(b) (2)
(including sludges
generated in one or more additional
units after wastewaters have been
treated in aggressive biological
treatment units),
F037, K048 and K051
wastes are not included in this
listing.
F039
Leachate resulting from the treatment,
(T)
storage or disposal of wastes
classified by more than one waste code
under Subpart
D, or from a mixture of
wastes classified under Subparts C and
D.
(Leachate resulting from the
management of one or more of the
following USEPA hazardous wastes and no
other hazardous wastes retains its
hazardous waste code(s):
F020,
FO21,
F022,
F023, FO26,
F027 or FO28.)
BOARD NOTE:
The primary hazardous properties of these
materials have been indicated by the letters T
(Toxicity), R (Reactivity),
I
(Ignitability),
and C
(Corrosivity).
The letter H indicates Acute Hazardous
Waste.
b)
Listing specific definitions.
1)
For the purpose of the F037 and FO38 listings,
oil/water/solids is defined as oil or water or
solids.
2)
For the purposes of the F037 and FO38 listings:
A)
Aggressive biological treatment units are
defined as units which employ one of the
following four treatment methods:
activated
sludge; trickling filter; rotating biological
contactor for the continuous accelerated
biological oxidation of wastewaters; or,
high-rate aeration.
High—rate aeration
is a
system of surface impoundments or tanks,
in
129—246
13
which intense mechanical aeration
is used to
completely mix the wastes, enhance biological
activity,
and:
i)
The units employ a minimum of
6
horsepower per million gallons of
treatment volume; and either
ii)
The hydraulic retention time of the unit
is no longer than 5 days; or
iii)
The hydraulic retention time is no
longer than 30 days and the unit does
not generate a sludge that is
a
hazardous waste by the toxicity
characteristic.
B)
Generators and treatment, storage or disposal
(TSD)
facilities have the burden of proving
that their sludges are exempt from listing as
F037 or FO38 wastes under this definition.
Generators and TSD facilities shall maintain,
in their operating or other on site records,
documents and data sufficient to prove that:
1)
The unit is an aggressive biological
treatment unit as defined in this
subsection; and
ii)
The sludges sought to be exempted from
F037 or F038 were actually generated in
the aggressive biological treatment
unit.
3)
Time of generation.
For the purposes of:
A)
The FO37 listing, sludges are considered to
be generated at the moment of deposition in
the unit, where deposition is defined as at
least a temporary cessation of lateral
particle movement.
B)
The F038
listing:
i)
Sludges are considered to be generated
at the moment of deposition in the unit,
where deposition is defined as at least
a temporary cessation of lateral
particle movement; and
ii)
Floats are considered to be generated at
the moment they are formed in the top of
129—247
14
the unit.
(Source:
Amended at 16
Ill.
Req.
,
effective
)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, do hereby certif
that the a
e Opinion and Order was
adopted ,on the
-~
day of
______________,
1992. by a
vote of
‘-~~°
//
~?~z~ML
,~I
Dorothy M. ~nn,
Clerk
Illinois P~’lutionControl Board
129—248
