ILLINOIS

POLLUTION

CONTROL BOARD

May

5,

1983

In

the

matter

of:

)

)

PROHIBITION OF LANDFILLING OF

)

R8.-25

HALOGENATED

SOLVENTS

(CBE)

)

PROPOSED

RULE.

FIRST

NOTICE

PROPOSED

ORDER

OF

THE

BOARD

(by

D.

Anderson):

The

Board hereby proposes to adopt 35 Iii.

Adin.

Code

729.

This Proposed Order is supported by a Proposed Opinion

adopted this same date.

The Clerk is directed to file the

proposed rule with the Secretary of State for publication

in the Illinois Register.

A copy of the text for publication

will be attached to this Order.

The record will remain open

for public comment, by those who request to comment within

14 days of publication, for a period of 45 days after publica-

tion in the Illinois Register.

IT IS SO ORDERED.

I,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control B a d, hereby certify that

the

above Order was adopted

on,

the

___________

day of

___________,

1983 by a vote of

I

~~__

-__~__~

I..,

52-183

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

729

LANDFILLS:

PROHIBITED

HAZARDOUS

WASTES

SUBPART

A:

GENERAL

Section

729.101

Purpose,

Scope

and

Applicability

729.102

Generator’s Assertion of Exemption

729. 103

Mitigation

729.104

Relationship

to

Wastestream

Permits

SUBPART

B:

HALOGENATED SOLVENTS

Section

729.121

Landfilling

Prohibited

729.122

Definition

of

Halogenated

Solvent

729.123

Definition

of

Trace

Levels

729.131

Burden

of

Proving

Trace

Levels

729.132

No

Circumvention

729.141

Small

Quantity

Generators’

Exemption

729.142

Residential

Waste

Exemption

729.143

Dry

Cleaners’

Exemption

729.144

Recycling

Residues

Exemption

729.151

Concentration

Exemptions

AUTHORITY:

Implementing

Section

22(h)

and

authorized

by

Section 27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1981,

ch. 111 1/2,

pars.

1022(h)

and 1027).

SOURCE:

Adopted at 7 Ill.

Reg.

—_,

effective

___________

52-184

---

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

SUBPART

A:

GENERAL

Section 729.101

Purpose, Scope and Applicability

a)

The purpose of this Part

is

to prohibit the disposal

of certain hazardous wastes

in landfills.

b)

The requirements of this Part apply to all landfills,

or “sanitary landfills”

as defined in the Environmen-

tal Protection Act

(Act)

(Ill.

Rev. Stat.

1981,

ch.

111 1/2, par.

1001).

Landfills include both

non-hazardous and hazardous waste landfills permitted

under Sections

21(d)

and 21(f)

of the Act.

Landfills

include surface impoundments and waste piles in which

waste residues are expected to remain after closure.

c)

The provisions

of 35 Ill. Adm. Code 721.105 notwith-

standing, the landfilling prohibitions of this Part

apply to all persons, including small quantity genera-

tors, unless otherwise indicated in this Part.

d)

The landfilling prohibitions of this Part do not

apply to residues of hazardous waste in containers,

or empty liners removed from containers,

as defined

in 35

Ill. Adm.

Code 721.107.

e)

The

provisions of this Part are intended to supplement

the requirements of Chapter

7:

Solid Waste

and

35

Ill.

Adm. Code 724 and 725.

No provision of those

regulations should be read as permitting the disposal

of

any

hazardous waste in any manner prohibited under

this Part.

f)

The provisions

of this Part are intended to proscribe

any conduct by generators,

transporters or disposers

of waste which results in placement of a prohibited

waste in

a landfill.

Section 729.102

Generator’s Assertion of Exemption

a)

A transporter or disposer of waste, other than the

generator of the waste, may rely on a written

state-

ment

by the generator,

signed by the generator,

identifying

the

waste

or

wastestream,

acknowledging

that

he

is

the

generator

of

the

waste

and

asserting

52-185

---

-

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

that

the

waste

is

not

subject

to

this

Part

or

is

subject

to

an

exemption

and

the

basis

for

such

c’~im.

b)

Such

written

statement

may

be

introduced

as

evidence

in

any

enforcement

action.

It

shall

be

a

complete

defense

by

the

person

relying

on

such

statement,

unless

it

is

shown

that

the

person

in

fact

knew,

or

reasonably

should

have

known,

based

on

knowledge

within

the

person’s

possession,

that

the

waste

was

subject

to

this

Part

or

not

subject

to

an

exemption.

Section

729.103

Mitigation

a)

A

person

charged

with

violation of this Part may

offer

evidence

that

he

did

not

know

that

the

waste

was

prohibited

under

this

Part

and

that

he

had

adopted

routine

practices

to

prevent

violation

of

this

Part,

such as employee training, posting of

signs

and

random

sampling

of

wastes.

Such

evidence

shall

not

be

a

complete

defense,

but

will

be

co~.

sidered in mitigation of

any

penalty.

b)

Lack of knowledge that a

waste

is

prohibited

under

this Part refers to a mistake

as to the properties

of

the

wdste

dild

not

to lack of

knowledge

of the

regulations.

Section 729.104

Relationship to Wastestream Permits

a)

This

Part

is

intended

to

supplement

requirements

governing

wastestream

authorizations

or

supplemental

permits

issued

by

the

Illinois

Environmental

Protec-

tion Agency

(Agency)

(Section

39(h)

of

the

Act

and

Rule 210 of Chapter

7:

Solid Waste).

b)

The Agency may not authorize

any

wastestream for

disposal

in

a

landfill

if

it

has

been

prohibited

under

this

Part.

c)

In

reviewing

a

wastestream

which

is

routinely

gene~—

ated,

the

Agency

shall

consider

the

average

rate

of

generation,

composition

and

concentrations,

together

with the expected range, in determining the

appl’

~

bility of this Part.

The Agency shall authorize..

e

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT

OF

PROPOSED

AMENDMENTS

FOR

CODIFICATION

wastestreani if averages conform with this Part,

and may specify maximum quantities,

concentrations

or other conditions necessary to assure long—term

compliance with this Subpart.

A waste authorized

by the Agency after such review may be landfilled

notwithstanding this Subpart, provided the waste

conforms to

the

wastestream

description

in

the

authorization.

SUBPART

B:

HALOGENATED

SOLVENTS

Section 729.121

Landfilling Prohibited

Except

as otherwise provided in this Subpart, no person shall

cause or allow the disposal in

any

landfill

in

Illinois

of

waste

containing

any

halogenated

solvent

in excess of trace

levels.

Section 729.122

Definition of Halogenated Solvent

As used in this Subpart,

the term “halogenated solvent” shall

mean

any

of the following chemicals:

3010

benzene, chioro-

B020

benzene,

1,2—dichloro-

carbon tetrachioride

8030

chlorinated

fluorocarbons

B040

ethane,

l,l,1-trichloro—

B050

ethane,

1,l,2—trichloro—l,2,2—trifluoro—

B060

ethene,

tetrachloro-

8070

ethene,

trichioro-

8070

ethinyl

trichloride

8080

methane,

dichloro-

3090

methane,

tetrachloro-

8100

methane,

trichiorofluoro—

8040

methyl

chloroform

3080

methylene

chloride

3080

methylene

dichloride

B020

orthodichlorobenzene

8060

perchloroethylene

BOb

phenyl

chloride

B060

tetrachloroethylene

B070

trichioroethylene

B100

trichloromonofluoromethane

52-187

---

—

ILLINOIS

REGISTER

POLLUTION CONTROL BOARD

TEXT OF PROPOSED AMENDMENTS FOR CODIFICATION

Section 729.123

Definition of Trace Levels

As used in this Subpart, the term “trace levels” means more

than

1 mg/kg

halogenated solvents.

Section 729.131

Burden of Proving Trace Levels

a)

A person seeking to enforce this Subpart shall have

the burden of showing that a waste contains halo-

genated solvents at more than trace

levels in any

sample, whether representative of the waste or not.

The person against whom enforcement is sought shall

then have the burden of showing that the waste was

generated in a manner such that a generator exemption

applies, that a concentration exemption applies or

that any other exemption applies.

b)

In any permit application, if requested by the Agency,

the applicant shall have the burden of showing either

the absence of halogenated solvents at more than

trace levels in a representative sample of the waste,

or application of an exemption.

Section 729.132

No Circumvention

a)

No person shall cause or allow the mixing or dilution

of halogenated solvents in order to evade the land-

filling prohibition of Section 729.121.

b)

Concentrations shall be recomputed to correct for

any

mixing

or

dilution

prohibited

by

paragraph

(a).

c)

For purposes of determining quantity exemptions,

any

waste which is transferred prior to ultimate disposal

shall be attributed to the last person who used the

solvent.

Section 729.141

Small Quantity Generators’ Exemption

This Subpart

does

not apply

bo any person who generates waste

containing less than

1 kg of habogenated solvents

per

month,

as determined by averaging over the current month and the

preceding

11 months.

52-188

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

TEXT OF PROPOSED

AMENDMENTS

FOR CODIFICATION

Section 729.142

Residential Waste

Exemption

This

Subpart

does

not

apply

to

waste

generated

from

non-

commercial activities at residences.

Section 729.143

Dry Cleaners’ Exemption

a)

This Subpart does not apply to dry cleaners which

generate

less

than

100

kg

per

month,

averaged

over

the

current

month

and

the

preceding

11

months,

of

spent

halogenated

solvent,

distillation

residues,

filters and other waste containing halogenated

solvents.

b)

This exemption shall terminate on July

1,

1985.

Section 729.144

Recycling Residues Exemption

a)

This Subpart does not apply to sludges and still

bottoms produced from recycling of halogenated

solvents in which at least 30

of the waste is

recovered for reuse.

Such wastes shall be disposed

of

as

hazardous

wastes,

if they are such,

as defined

in

35

Ill. Adm. Code

721.

b)

This

exemption

shall

terminate

on

July

1,

1985.

Section 729.151

Concentration Exemptions

a)

A waste which is

a solid which meets the following

criteria

may

be

landfilled

under

this

Subpart,

provided:

1)

There is no free flowing liquid in the waste;

2)

If

a sample of the waste

is mixed with water,

no non-aqueous liquid phase

forms;

and

3)

The waste contains less than 10,000 mg/kg

halogenated solvents.

52-189

---

ILLINOIS

REGISTER

POLLUTION CONTROL

BOARD

TEXT

OF PROPOSED

AMENDMENTS

FOR CODIFICATION

b)

A

waste

which

is

a

liquid

which

is

a

solution

or

a

suspension of a solid in a solution may be landfilled

under this Subpart, provided:

1)

The waste

is more than 50

water and soiid~

by weight;

2)

There

is no non-aqueous

liquid phase present

in the waste;

and

3)

The waste contains

less than 100 mg/kg

halogenated

solvents.

c)

There are no concentration exemptions for the

following wastes which are prohibited by Section

729.121 if halogenated solvents are present in more

than trace

levels:

1)

A solution which is 50

water or less by

weight;

2)

A

suspension

which

is

50

water and solids

or less by weight;

3)

A liquid

waste

which

includes

any

non-aqueous

liquid

phase;

4)

A solid waste which contains free liquid or

which

forms

a

non—aqueous

liquid

phase

when

mixed with water.

ci)

Applicability of a concentration exemption must be

shown

by

one

or

more

representative

samples.

52-190