TITLE 35: ENVIRONMENTAL PROTECTION

ILLINOIS POLLUTION CONTROL BOARD

January 24, 2002

IN THE MATTER OF:

)

R02-1

RCRA SUBTITLE C UPDATE, USEPA ) (Identical-in-Substance

AMENDMENTS (January 1, 2001 through ) Rulemaking - Land)

June 30, 2001)

)

_______________________________________

RCRA SUBTITLE C UPDATE, USEPA ) R02-12

AMENDMENTS (July 1, 2001 through ) (Identical-in-Substance

December 31, 2001 and January 22, 2002) ) Rulemaking - Land)

_______________________________________

UIC UPDATE, USEPA AMENDMENTS ) R02-17

(July 1, 2001 through December 31, 2001) ) (Identical-in-Substance

) Rulemaking - Land)

)

(Consolidated)

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by S.T. Lawton, Jr.):

Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS

5/7.2 and 22.4(a) (2000)), the Board proposes amendments to the Illinois regulations that are

“identical in substance” to hazardous waste regulations that the United States Environmental

Protection Agency (USEPA) adopted to implement Subtitle C of the federal Resource

Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (2000)).

The nominal timeframe of docket R02-1 includes federal RCRA Subtitle C amendments that

USEPA adopted in the period January 1, 2001 through June 30, 2001, and that for docket R02-12

includes federal RCRA Subtitle C amendments that USEPA adopted in the period July 1, 2001

through December 31, 2001.

Under Sections 7.2 and 13(c) of the Act (415 ILCS 5/7.2 and 13(c) (2000)), the Board

proposes amendments to the Illinois regulations that are “identical in substance” to underground

injection control (UIC) regulations that USEPA adopted to implement Section 1421 of the

federal Safe Drinking Water Act (SDWA) (42 U.S.C. § 300h (2000)). The nominal timeframe of

docket R02-17 includes federal UIC amendments that USEPA adopted in the period July 1, 2001

through December 31, 2001.

As is explained in the accompanying opinion adotped this day, for reasons of

administrative economy, the Board is consolidating dockets R02-1, R02-12, and R02-17. The

caption in today’s order reflects this consolidation. At the January 9, 2002 request of the Illinois

Environmental Protection Agency (Agency), we have also added to docket R02-12 federal

amendments adopted January 22, 2002. These amendments would normally wait at least six

months until the next subsequent update period. The January 22, 2002 amendments cover

corrective action management units (CAMUs), and USEPA stated that it intends to implement

them in Illinois as federal rules by April 22, 2002, unless Illinois can commit to implement the

amendments as State rules by that time.

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.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that

the above order was adopted on the _______ day of _____________________________ 2002,

by a vote of _________.

____________________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

703.100 Scope and Relation to Other Parts

703.101 Purpose

703.110 References

SUBPART B: PROHIBITIONS

Section

703.120 Prohibitions in General

703.121 RCRA Permits

703.122 Specific Inclusions in Permit Program

703.123 Specific Exclusions from Permit Program

703.124 Discharges of Hazardous Waste

703.125 Reapplications

703.126 Initial Applications

703.127 Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140 Purpose and Scope

703.141 Permits by Rule

703.150 Application by Existing HWM Facilities and Interim Status Qualifications

703.151 Application by New HWM Facilities

703.152 Amended Part A Application

703.153 Qualifying for Interim Status

703.154 Prohibitions During Interim Status

703.155 Changes During Interim Status

703.156 Interim Status Standards

703.157 Grounds for Termination of Interim Status

703.158 Permits for Less Than an Entire Facility

703.159 Closure by Removal

703.160 Procedures for Closure Determination

703.161 Enforceable Document for Post-Closure Care

SUBPART D: APPLICATIONS

Section

703.180 Applications in General

703.181 Contents of Part A

703.182 Contents of Part B

703.183 General Information

703.184 Facility Location Information

703.185 Groundwater Protection Information

703.186 Exposure Information

703.187 Solid Waste Management Units

703.188 Other Information

703.191 Public Participation: Pre-Application Public Notice and Meeting

703.192 Public Participation: Public Notice of Application

703.193 Public Participation: Information Repository

703.200 Specific Part B Application Information

703.201 Containers

703.202 Tank Systems

703.203 Surface Impoundments

703.204 Waste Piles

703.205 Incinerators that Burn Hazardous Waste

703.206 Land Treatment

703.207 Landfills

703.208 Boilers and Industrial Furnaces Burning Hazardous Waste

703.209 Miscellaneous Units

703.210 Process Vents

703.211 Equipment

703.212 Drip Pads

703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers

703.214 Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.220 Emergency Permits

703.221 Alternative Compliance with the Federal NESHAPS

703.222 Incinerator Conditions Prior to Trial Burn

703.223 Incinerator Conditions During Trial Burn

703.224 Incinerator Conditions After Trial Burn

703.225 Trial Burns for Existing Incinerators

703.230 Land Treatment Demonstration

703.231 Research, Development and Demonstration Permits

703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234 Remedial Action Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240 Permit Denial

703.241 Establishing Permit Conditions

703.242 Noncompliance Pursuant to Emergency Permit

703.243 Monitoring

703.244 Notice of Planned Changes (Repealed)

703.245 Twenty-four Hour Reporting

703.246 Reporting Requirements

703.247 Anticipated Noncompliance

703.248 Information Repository

SUBPART G: CHANGES TO PERMITS

Section

703.260 Transfer

703.270 Modification

703.271 Causes for Modification

703.272 Causes for Modification or Reissuance

703.273 Facility Siting

703.280 Permit Modification at the Request of the Permittee

703.281 Class 1 Modifications

703.282 Class 2 Modifications

703.283 Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300 Why This Subpart Is Written in a Special Format

703.301 General Information

703.302 Applying for a RAP

703.303 Getting a RAP Approved

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

703.305 Operating Under A RAP

703.306 Obtaining a RAP for an Off-Site Location

703.Appendix A Classification of Permit Modifications

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. ________, effective

______________________.

SUBPART G: CHANGES TO PERMITS

Section 703.280 Permit Modification at the Request of the Permittee

a) Class 1 modifications. See Section 703.281.

b) Class 2 modifications. See Section 703.282.

c) Class 3 modifications. See Section 703.283.

d) Other modifications.

1) In the case of modifications not explicitly listed in Appendix A, the

permittee may submit a Class 3 modification request to the Agency, or the

permittee may request a determination by the Agency that the

modification be reviewed and approved as a Class 1 or Class 2

modification. If the permittee requests that the modification be classified

as a Class 1 or 2 modification, the permittee must provide the Agency

with the necessary information to support the requested classification.

2) The Agency must make the determination described in subsection (d)(1)

of this Section as promptly as practicable. In determining the appropriate

class for a specific modification, the Agency must consider the similarity

of the modification to other modifications codified in Appendix A and the

following criteria:

A) Class 1 modifications apply to minor changes that keep the permit

current with routine changes to the facility or its operation. These

changes do not substantially alter the permit conditions or reduce

the capacity of the facility to protect human health or the

environment. In the case of Class 1 modifications, the Agency

may require prior approval.

B) Class 2 modifications apply to changes that are necessary to enable

a permittee to respond, in a timely manner, to any of the following:

i) Common variations in the types and quantities of the

wastes managed under the facility permit;

ii) Technological advances; and

iii) Changes necessary to comply with new regulations, where

these changes can be implemented without substantially

changing design specifications or management practices in

the permit.

C) Class 3 modifications substantially alter the facility or its

operation.

e) Temporary authorizations.

1) Upon request of the permittee, the Agency shall must, without prior public

notice and comment, grant the permittee a temporary authorization in

accordance with this subsection. Temporary authorizations have a term of

not more than 180 days.

2) Procedures.

A) The permittee may request a temporary authorization for the

following:

i) Any Class 2 modification meeting the criteria in subsection

(e)(3)(B) of this Section; and

ii) Any Class 3 modification that meets the criteria in

subsection (e)(3)(B)(i) or that meets the criteria in

subsections (e)(3)(B)(iii) through (v) and provides

improved management or treatment of a hazardous waste

already listed in the facility permit.

B) The temporary authorization request must include the following:

i) A description of the activities to be conducted under the

temporary authorization;

ii) An explanation of why the temporary authorization is

necessary; and

iii) Sufficient information to ensure compliance with 35 Ill.

Adm. Code 724 standards.

C) The permittee must send a notice about the temporary

authorization request to all persons on the facility mailing list

maintained by the Agency and to appropriate units of State and

local governments as specified in 35 Ill. Adm. Code

705.163(a)(5). This notification must be made within seven days

after submission of the authorization request.

3) The Agency must approve or deny the temporary authorization as quickly

as practical. To issue a temporary authorization, the Agency must find as

follows:

A) That the authorized activities are in compliance with the standards

of 35 Ill. Adm. Code 724.

B) That the temporary authorization is necessary to achieve one of the

following objectives before action is likely to be taken on a

modification request:

i) To facilitate timely implementation of closure or corrective

action activities;

ii) To allow treatment or storage in tanks, containers or in

containment buildings in accordance with 35 Ill. Adm.

Code 728;

iii) To prevent disruption of ongoing waste management

activities;

iv) To enable the permittee to respond to sudden changes in

the types or quantities of the wastes managed under the

facility permit; or

v) To facilitate other changes to protect human health and the

environment.

4) A temporary authorization must be reissued for one additional term of up

to 180 days, provided that the permittee has requested a Class 2 or 3

permit modification for the activity covered in the temporary authorization

and either of the following is true:

A) The reissued temporary authorization constitutes the Agency’s

decision on a Class 2 permit modification in accordance with

Section 703.282(f)(1)(D) or (f)(2)(D); or

B) The Agency determines that the reissued temporary authorization

involving a Class 3 permit modification request is warranted to

allow the authorized activities to continue while the modification

procedures of 35 Ill. Adm. Code 703.283 are conducted.

f) Public notice and appeals of permit modification decisions.

1) The Agency must notify persons on the facility mailing list and

appropriate units of State and local government within 10 days after any

decision to grant or deny a Class 2 or 3 permit modification request. The

Agency must also notify such persons within 10 days after an automatic

authorization for a Class 2 modification goes into effect under Section

703.282(f)(3) or (f)(5).

2) The Agency’s decision to grant or deny a Class 2 or 3 permit modification

request may be appealed under the permit appeal procedures of 35 Ill.

Adm. Code 705.212.

3) An automatic authorization that goes into effect under Section

703.282(f)(3) or (f)(5) may be appealed under the permit appeal

procedures of 35 Ill. Adm. Code 705.212; however, the permittee may

continue to conduct the activities pursuant to the automatic authorization

until the Board enters a final order on the appeal notwithstanding the

provisions of 35 Ill. Adm. Code 705.204.

g) Newly regulated wastes and units.

1) The permittee is authorized to continue to manage wastes listed or

identified as hazardous under 35 Ill. Adm. Code 721, or to continue to

manage hazardous waste in units newly regulated as hazardous waste

management units, if each of the following is true:

A) The unit was in existence as a hazardous waste facility with

respect to the newly listed or characterized waste or newly

regulated waste management unit on the effective date of the final

rule listing or identifying the waste, or regulating the unit;

B) The permittee submits a Class 1 modification request on or before

the date on which the waste becomes subject to the new

requirements;

C) The permittee is in compliance with the applicable standards of 35

Ill. Adm. Code 725 and 726;

D) The permittee also submits a complete class 2 or 3 modification

request within 180 days after the effective date of the rule listing or

identifying the waste, or subjecting the unit to management

standards under 35 Ill. Adm. Code 724, 725 or 726; and

E) In the case of land disposal units, the permittee certifies that such

unit is in compliance with all applicable requirements of 35 Ill.

Adm. Code 725 for groundwater monitoring and financial

responsibility requirements on the date 12 months after the

effective date of the rule identifying or listing the waste as

hazardous, or regulating the unit as a hazardous waste management

unit. If the owner or operator fails to certify compliance with all

these requirements, the owner or operator loses authority to

operate under this Section.

2) New wastes or units added to a facility’s permit under this subsection do

not constitute expansions for the purpose of the 25 percent capacity

expansion limit for Class 2 modifications.

h) Military hazardous waste munitions treatment and disposal. The permittee is

authorized to continue to accept waste military munitions notwithstanding any

permit conditions barring the permittee from accepting off-site wastes, if each of

the following is true:

1) The facility was in existence as a hazardous waste facility and the facility

was already permitted to handle the waste military munitions on the date

when the waste military munitions became subject to hazardous waste

regulatory requirements;

2) On or before the date when the waste military munitions become subject

to hazardous waste regulatory requirements, the permittee submits a Class

1 modification request to remove or amend the permit provision restricting

the receipt of off-site waste munitions; and

3) The permittee submits a complete Class 2 modification request within 180

days after the date when the waste military munitions became subject to

hazardous waste regulatory requirements.

i) Permit modification list. The Agency must maintain a list of all approved permit

modifications and must publish a notice once a year in a State-wide newspaper

that an updated list is available for review.

j) Combustion facility changes to meet federal 40 CFR 63 MACT standards. The

following procedures apply to hazardous waste combustion facility permit

modifications requested under Section 703.Appendix A, paragraph L(9).

1) Facility owners or operators must comply have complied with the federal

notification of intent to comply (NIC) requirements of 40 CFR 63.1210(b)

and (c) before 63.1210 that was in effect prior to May 14, 2001, (see 40

CFR 63 (2000)) in order to request a permit modification can be requested

under this Section.

2) If the Agency does not act to either approve or deny the request within 90

days of receiving it, the request must be deemed approved. The Agency

may, at its discretion, extend this 90-day deadline one time for up to 30

days by notifying the facility owner or operator in writing before the 90

days has expired.

BOARD NOTE: Derived from 40 CFR 270.42(d) through (j) (2000), as amended at 65 Fed.

Reg. 42302 (July 10, 2000).

(Source: Amended at 26 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A: GENERAL PROVISIONS

Section

720.101 Purpose, Scope, and Applicability

720.102 Availability of Information; Confidentiality of Information

720.103 Use of Number and Gender

SUBPART B: DEFINITIONS AND REFERENCES

Section

720.110 Definitions

720.111 References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120 Rulemaking

720.121 Alternative Equivalent Testing Methods

720.122 Waste Delisting

720.123 Petitions for Regulation as Universal Waste

720.130 Procedures for Solid Waste Determinations

720.131 Solid Waste Determinations

720.132 Boiler Determinations

720.133 Procedures for Determinations

720.140 Additional regulation of certain hazardous waste Recycling Activities on a case-

by-case Basis

720.141 Procedures for case-by-case regulation of hazardous waste Recycling Activities

720.Appendix A Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Sections 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 September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,

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

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

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

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

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

9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, 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, 2000; 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. ________, effective

______________________.

SUBPART B: DEFINITIONS AND REFERENCES

Section 720.110 Definitions

When used in 35 Ill. Adm. Code 720 through 726 and 728 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.

“Act” or “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.)

“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 consisting of one or more electrically connected

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

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

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

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

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

“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

shall 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 which the Board has determined, on a

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

720.132.

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

regenerate spent activated carbon.

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

belief.

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

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

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

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

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

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

aquifer containing confined groundwater.

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

treated, disposed of, or otherwise handled.

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

store or treat hazardous waste under the provisions of 35 Ill. Adm. Code 724.Subpart

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

“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.

“Corrective action management unit” or “CAMU” means an area within a facility

that is used only for managing remediation wastes for implementing corrective

action or cleanup at the facility.

BOARD NOTE: USEPA must also designate a CAMU until it grants this authority

to the Agency. See the note following 35 Ill. Adm. Code 724.652.

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

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

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

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

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

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

certification or licensing that includes education and experience in corrosion control

on buried or submerged metal piping systems and metal tanks.

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

facility,

Of which any of the following is true:

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

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

The facility has received a RCRA permit from USEPA pursuant to 40

CFR 124 and 270 (1999);

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

USEPA pursuant to 40 CFR 271 (1999); or

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

266.Subpart F; and

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

35 Ill. Adm. Code 722.120.

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

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

obtained authorization to regulate that waste as hazardous, then the

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

such waste.

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

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

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

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

for the purposes of managing that category of universal waste.

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

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

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

chlorinated dibenzo dioxins and furans.

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

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

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

waste into or on any land or water.

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

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

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

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

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 which:

Is used for neutralizing wastes which are hazardous only because they exhibit

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

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

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 35 Ill. Adm. Code

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

“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:

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:

All contiguous land and structures, other appurtenances, and improvements

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

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

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

them).

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

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

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

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

Notwithstanding the immediately-preceding paragraph of this definition, a

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

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

requirements if the site is located within such a facility.

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

federal government, any independent agency or establishment of the federal

government, including any government corporation and the Government Printing

Office.

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

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

hazardous waste control statutes, regulations, or ordinances.

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

facility in accordance with all applicable closure requirements so that hazardous

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

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

722.134.

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

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

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

impoundment dike and the surface of the waste contained therein.

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

under ambient temperature and pressure.

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

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

hazardous waste to become subject to regulation.

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

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

721.103.

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

to be listed in 35 Ill. Adm. Code 721.Subpart D, 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 which 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 it neither:

Meets the criteria for classification as a boiler, sludge dryer, or

carbon regeneration unit, nor

Is 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:

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 35 Ill. Adm. Code 725.Appendix E for examples.)

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

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

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 infra-red regions of the electromagnetic spectrum.

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

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

and metal halide lamps.

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

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

facilities if the waste will remain after closure.

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

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

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

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

(CAMU).

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

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

cells are trenches and pits.

“LDS” means leak detection system.

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

has percolated through or drained from hazardous waste.

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

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

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

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

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

waste or accumulated liquid in the secondary containment structure. Such a system

must employ operational controls (e.g., daily visual inspections for releases into the

secondary containment system of aboveground tanks) or consist of an interstitial

monitoring device designed to detect continuously and automatically the failure of

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

hazardous waste into the secondary containment structure.

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

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

recovery, and disposal of hazardous waste.

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

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

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

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

manifest by the generator for recording and reporting purposes.

“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, 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, as amended, have been completed.

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

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

used for reclamation of a surface mine.

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

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

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

furnace; underground injection well with appropriate technical standards under 35

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

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

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

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

vehicle.

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

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

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

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

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

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

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

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

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

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

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

“On-site” means the same or geographically contiguous property which 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 which he controls and to which the public does not

have access is also considered on-site property.

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

characteristics:

Control of combustion air to maintain adequate temperature for efficient

combustion;

Containment of the combustion reaction in an enclosed device to provide

sufficient residence time and mixing for complete combustion; and

Control of emission of the gaseous combustion products.

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

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

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

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

accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or 725

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

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

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

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

facility continue to operate.

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

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

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

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

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

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

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

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

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

descriptions:

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

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

Section 720.111;

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

Secretary of Health and Human Services pursuant to FFDCA section 512,

incorporated by reference in Section 720.111, to be an exempted new animal

drug; or

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

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

substances described in either of the two preceding paragraphs of this

definition.

BOARD NOTE: The second exception of corresponding 40 CFR 260.10

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

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

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

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

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

any material within the scope of federal Food and Drug Administration

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

same meaning as its federal counterpart while adding the definiteness

required under Illinois law.

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

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

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

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

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

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

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

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

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

include return flows from irrigated agriculture.

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

310.110.

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

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

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

demonstrated by state registration, professional certifications, or completion of

accredited university courses that enable the individual to make sound professional

judgments regarding groundwater monitoring and contaminant rate and transport.

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

professional engineer with the Department of Professional Regulation, pursuant to

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

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

the National Ground Water Association.

“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 contain listed

hazardous wastes or which themselves exhibit a hazardous waste characteristic that

are managed for the purpose of implementing cleanup.

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

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

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

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

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

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

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

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

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

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

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

action plan approved by USEPA or the Agency.

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

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

universe or whole.

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

any part of a facility.

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

any part of a facility.

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

all voids are filled with water.

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

Industrial Classification Manual, incorporated by reference in Section 720.111.

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

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

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

treatment plant.

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

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

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

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

hazardous waste in a calendar month.

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

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

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

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

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

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

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

724.654.

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

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

of the Northern Mariana Islands.

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

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

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

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

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

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

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

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

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

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

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

which 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) which provide structural support.

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

ancillary equipment and containment system.

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

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

chlorodibenzo-p-dioxin.

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

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

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

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

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

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

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

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

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

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

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

constructed and operated in a manner which 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:

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

determine:

Whether the waste is amenable to the treatment process;

What pretreatment (if any) is required;

The optimal process conditions needed to achieve the desired

treatment;

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

and

The characteristics and volumes of residuals from a particular

treatment process;

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

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

material compatibility studies, and toxicological and health effects studies. A

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

hazardous waste.

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

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

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

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

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

reduced in volume.

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

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

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

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

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

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

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

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

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

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

environment.

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

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

Commonwealth of the Northern Mariana Islands.

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

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

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

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

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

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

“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:

A person that treats (except under the provisions of Section

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

universal waste; or

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

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

facility.

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

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

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

and the water table.

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

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

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

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

of Transportation.

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

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

chemical impurities.

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

Protection Agency.

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

means of transportation on the water.

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

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

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

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

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

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

a wastewater treatment sludge which is a hazardous waste as defined in 35

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

which 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 26 Ill. Reg. ________, effective ______________________)

Section 720.111 References

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

Adm. Code 703 through 705, 721 through 726, 728, 730, 733, 738, and 739:

a) 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 September 1983.

ANSI. Available from the American National Standards Institute, 1430

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

ANSI B31.3 and B31.4. See ASME/ANSI B31.3 and B31.4.

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.

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

Publication 2517, Third Edition, February 1989.

“Guide for Inspection of Refinery Equipment, Chapter XIII,

Atmospheric and Low Pressure Storage Tanks”, 4th Edition, 1981,

reaffirmed December 1987.

“Installation of Underground Petroleum Storage Systems”, API

Recommended Practice 1615, Fourth Edition, November 1987.

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.

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. Also

available from ANSI.

ASTM. Available from American Society for Testing and Materials, 1916

Race Street, Philadelphia, PA 19103, 215-299-5400:

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

Concrete, approved March 30, 1990.

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

April 24, 1981, reapproved January 1987.

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

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

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

Gas by Gas Chromatography, approved March 30, 1990.

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

Viscosity to Saybolt Universal or to Saybolt Furol Viscosity,

March 27, 1987.

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

Naphthas and Aviation Gasolines by Gas Chromatography,

approved November 17, 1988.

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

of Hydrocarbon Fuels by Bomb Calorimeter (High Precision

Method), approved October 31, 1988.

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

Temperature Relationship and Initial Decomposition Temperature

of Liquids by Isoteniscope, approved 1992.

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

Liquids by Setaflash Closed Tester, approved December 14, 1988.

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

Infrared Quantitative Analysis, approved May 27, 1988.

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

Ultraviolet-Visible Quantitative Analysis, approved February 1,

1987.

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

Chromatography, approved June 28, 1985.

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

Determining Resistance of Synthetic Polymer Materials to Fungi.

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

Determining Resistance of Plastics to Bacteria.

MICE. Methods Information Communication Exchange Service, 703-

821-4690:

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA Publication number SW-846, Update IIIA

(April 1998).

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.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA Publication number SW-846 (Third Edition,

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

(September 1994), IIA (August, 1993), IIB (January 1995), and III

(December 1996) (Document Number 955-001-00000-1).

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 RP-02-85, approved March 1985.

NFPA. Available from the National Fire Protection Association,

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

“Flammable and Combustible Liquids Code” NFPA 30, issued

July 17, 1987. Also available from ANSI.

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:

APTI Course 415: Control of Gaseous Emissions, PB80-208895,

December 1981.

“Generic Quality Assurance Project Plan for Land Disposal

Restrictions Program”, EPA/530-SW-87-011, March 15, 1987

(document number PB88-170766).

“Guideline on Air Quality Models”, Revised 1986 (document

number PB86-245-248 (Guideline) and PB88-150-958

(Supplement), also set forth at 40 CFR 51, Appendix W).

“Method 164, 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” (document number PB99-121949).

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

Edition, March 1983 (document number PB84-128677).

“Methods Manual for Compliance with BIF Regulations”,

December 1990 (document number PB91-120-006).

“Petitions to Delist Hazardous Wastes — A Guidance Manual,

Second Edition”, EPA/530-R-93-007, March 1993 (document

number PB93-169 365).

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources”, October 1992, Publication Number EPA-

450/R-92-019.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA Publication number SW-846 (Third Edition,

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

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

(December 1996), and IIIA (April 1998) (document number 955-

001-00000-1).

OECD. Organisation for Economic Co-operation and Development,

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

France:

OECD Guideline for Testing of Chemicals, Method 301B: “CO

Evolution (Modified Sturm Test)”, adopted 17 July 1992.

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final) of 27 May 1988.

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).

USDOD. Available from the United States Department of Defense:

“DOD Ammunition and Explosives Safety Standards” (DOD

6055.9-STD), as in effect in July 1999.

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

on November 8, 1995.

Requisition Tracking Form (DD Form 1348), as in effect on

November 8, 1995.

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

November 8, 1995.

Special Instructions for Motor Vehicle Drivers (DD Form 836), as

in effect on November 8, 1995.

USEPA. Available from United States Environmental Protection Agency,

Office of Drinking Water, State Programs Division, WH 550 E,

Washington, D.C. 20460:

“Technical Assistance Document: Corrosion, Its Detection and

Control in Injection Wells”, EPA 570/9-87-002, August 1987.

USEPA. 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, Publication Number

EPA-450/R-92-019.

USEPA. Available from RCRA Information Center (RIC), 1235 Jefferson

Davis Highway, first floor, Arlington, VA 22202 (Docket # F-94-IEHF-

FFFFF):

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

Decision C(92)39/FINAL (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1993).

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

Decision C(92)39/FINAL (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1994).

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

Decision C(92)39/FINAL (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1993).

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final) (May 27, 1988).

USGSA. Available from the United States Government Services

Administration:

Government Bill of Lading (GBL) (GSA Standard Form 1109), as

in effect on November 8, 1995.

b) 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, Appendix B (2000)

40 CFR 51.100(ii) (2000)

40 CFR 51, Appendix W (2000)

40 CFR 52.741, Appendix B (2000)

40 CFR 60 (2000), as amended at 65 Fed. Reg. 42297 (July 10, 2000)

40 CFR 61, Subpart V (2000)

40 CFR 63 (2000), as amended at 65 Fed. Reg. 42296 (July 10, 2000), 66

Fed. Reg. 24270 (May 14, 2001), 66 Fed. Reg. 35087 (July 3, 2001), and

66 Fed. Reg. 52361 (October 15, 2001)

40 CFR 136 (2000), as amended at 65 Fed. Reg. 81295 (December 22,

2000) and 66 Fed. Reg. 32774 (June 18, 2001)

40 CFR 142 (2000)

40 CFR 220 (2000)

40 CFR 232.2 (2000)

40 CFR 260.20 (2000)

40 CFR 264 (2000)

40 CFR 268.41 (1990)

40 CFR 268, Appendix IX (2000)

40 CFR 270.5 (2000)

40 CFR 302.4, 302.5, and 302.6 (2000)

40 CFR 761 (2000)

49 CFR 171 (2000)

49 CFR 173 (2000)

49 CFR 178 (2000)

c) Federal Statutes

Sections 201(v), 201(w), and 360b(j) of the Federal Food, Drug, and

Cosmetic Act (FFDCA; 21 USC 321(v), 321(w), and 512(j)), as amended

through October 25, 1994.

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

Pub. L. 99-145, 50 USC 1521(j)(1) (1997).

d) This Section incorporates no later editions or amendments.

(Source: Amended at 26 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

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

721.138 Comparable or Syngas Fuel Exclusion

721.Appendix A Representative Sampling Methods

721.Appendix B Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C Chemical Analysis Test Methods

Table A Analytical Characteristics of Organic Chemicals (Repealed)

Table B Analytical Characteristics of Inorganic Species (Repealed)

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

Table A Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from

Non-Specific Sources

Table B Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from

Specific Sources

Table C Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from

Commercial Chemical Products, Off-Specification Species, Container

Residues, and Soil Residues Thereof

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SUBPART A: GENERAL PROVISIONS

Section 721.102 Definition of Solid Waste

a) Solid waste.

1) 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.

2) A discarded material is any material that is:

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

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

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

this Section; or

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

Code 726.302.

b) Materials are solid waste if they are abandoned by being:

1) Disposed of; or

2) Burned or incinerated; or

3) Accumulated, stored or treated (but not recycled) before or in lieu of being

abandoned by being disposed of, burned or incinerated.

c) Materials are solid wastes if they are recycled--or accumulated, stored or treated

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

if they are:

1) Used in a manner constituting disposal.

A) Materials noted with a “yes” in column 1 of the table in Appendix

Z of this Part are solid wastes when they are:

i) Applied to or placed on the land in a manner that

constitutes disposal; or

ii) 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).

B) However, commercial chemical products listed in Section 721.133

are not solid wastes if they are applied to the land and that is their

ordinary manner of use.

2) Burned for energy recovery.

A) Materials noted with a “yes” in column 2 of the table in Appendix

Z of this Part are solid wastes when they are:

i) Burned to recover energy;

ii) Used to produce a fuel or are otherwise contained in fuels

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

iii) Contained in fuels (in which case the fuel itself remains a

solid waste).

B) However, commercial chemical products listed in Section 721.133

are not solid wastes if they are themselves fuels.

3) Reclaimed. Materials noted with a “yes” in column 3 of the table in

Appendix Z of this Part are solid wastes when reclaimed (except as

provided under Section 721.104(a)(17)). Materials noted with a “--” in

column 3 of Appendix Z of this Part are not solid wastes when reclaimed

(except as provided under Section 721.104(a)(17)).

BOARD NOTE: The court in Association of Battery Recyclers, Inc. v.

EPA, 208 F.3d 1047 (D.C. Cir. 2000), held that USEPA could not include

in the definition of solid waste primary mineral processing secondary

materials that were not “truly discarded, disposed of, thrown away, or

abandoned.” The court ordered USEPA to correct the regulatory

definition of solid waste in accordance with this holding. The court

vacated the portion of 40 C.F.R. 261.2(c)(3) that states “except as

provided in 40 C.F.R. 261.4(a)(17).” USEPA has not yet completed

rulemaking action in response to the court’s order.

4) Accumulated speculatively. Materials noted with “yes” in column 4 of the

table in Appendix Z of this Part are solid wastes when accumulated

speculatively.

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

they are recycled in any manner:

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

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

2) Secondary materials fed to a halogen acid furnace that exhibit a

characteristic of a hazardous waste or are listed as a hazardous waste as

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

meets the following criteria:

A) The material must contain a bromine concentration of at least 45

percent;

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

organic compounds listed in Appendix H of this Part; and

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

furnace via direct conveyance (hard piping).

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

A) Disposal method or toxicity.

i) The materials are ordinarily disposed of, burned, or

incinerated; or

ii) The materials contain toxic constituents listed in Appendix

H of this Part and these constituents are not ordinarily

found in raw materials or products for which the materials

substitute (or are found in raw materials or products in

smaller concentrations) and are not used or reused during

the recycling process; and

B) The material may pose a substantial hazard to human health and

the environment when recycled.

e) Materials that are not solid waste when recycled.

1) Materials are not solid wastes when they can be shown to be recycled by

being:

A) Used or reused as ingredients in an industrial process to make a

product, provided the materials are not being reclaimed; or

B) Used or reused as effective substitutes for commercial products; or

C) Returned to the original process from which they are 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 materials must be managed in such a

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

thematerials the materials are 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.

2) 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) Materials used in a manner constituting disposal or used to

produce products that are applied to the land; or

B) Materials burned for energy recovery, used to produce a fuel, or

contained in fuels; or

C) Materials accumulated speculatively; or

D) Materials listed in subsections (d)(1) and (d)(2) of this Section.

f) Documentation of claims that materials are not solid wastes or are conditionally

exempt from regulation. Respondents in actions to enforce regulations

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

Act that raise 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 they meet 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, owners or

operators of facilities claiming that they actually are recycling materials must

show that they have the necessary equipment to do so.

(Source: Amended at 26 Ill. Reg. ________, effective ______________________)

Section 721.103 Definition of Hazardous Waste

a) A solid waste, as defined in Section 721.102, is a hazardous waste if:

1) It is not excluded from regulation as a hazardous waste under Section

721.104(b); and

2) It meets any of the following criteria:

A) It exhibits any of the characteristics of hazardous waste identified

in Subpart C of this Part. However, any mixture of a waste from

the extraction, beneficiation, and processing of ores and minerals

excluded under Section 721.104(b)(7) and any other solid waste

exhibiting a characteristic of hazardous waste under Subpart C of

this Part is a hazardous waste only if it exhibits a characteristic that

would not have been exhibited by the excluded waste alone if such

mixture had not occurred, or if the mixture continues to exhibit any

of the characteristics exhibited by the non-excluded wastes prior to

mixture. Further, for the purposes of applying the toxicity

characteristic to such mixtures, the mixture is also a hazardous

waste if it exceeds the maximum concentration for any

contaminant listed in Section 721.124 that would not have been

exceeded by the excluded waste alone if the mixture had not

occurred or if it continues to exceed the maximum concentration

for any contaminant exceeded by the nonexempt waste prior to

mixture.

B) It is listed in Subpart D of this Part and has not been excluded from

the lists in Subpart D of this Part under 35 Ill. Adm. Code 720.120

and 720.122.

It is a mixture of a solid waste and a hazardous waste that is listed

in Subpart D of this Part solely because it exhibits one or more of

the characteristics of hazardous waste identified in Subpart C of

this Part, unless the resultant mixture no longer exhibits any

characteristic of hazardous waste identified in Subpart C of this

Part, or unless the solid waste is excluded from regulation under

Section 721.104(b)(7) and the resultant mixture no longer exhibits

any characteristic of hazardous waste identified in Subpart C of

this Part for which the hazardous waste listed in Subpart D of this

Part was listed. (However, nonwastewater mixtures are still

subject to the requirements of 35 Ill. Adm. Code 728, even if they

no longer exhibit a characteristic at the point of land disposal.)This

subsection corresponds with 40 CFR 261.3(a)(2)(iii), which

USEPA removed and marked as “reserved” at 66 Fed. Reg. 27266

(May 16, 2001). This statement maintains structural consistency

with the federal regulations.

D) It is a mixture of solid waste and one or more hazardous wastes

listed in Subpart D of this Part and has not been excluded from this

subsection (a)(2) under 35 Ill. Adm. Code 720.120 and 720.122,

paragraph (g) of this Section, or subsection (h) of this Section;

however, the following mixtures of solid wastes and hazardous

wastes listed in Subpart D of this Part are not hazardous wastes

(except by application of subsection (a)(2)(A) or (a)(2)(B) of this

Section) if the generator demonstrates that the mixture consists of

wastewater the discharge of which is subject to regulation under

either 35 Ill. Adm. Code 309 or 310 (including wastewater at

facilities that have eliminated the discharge of wastewater) and:

i) One or more of the following solvents listed in Section

721.131: carbon tetrachloride, tetrachloroethylene,

trichloroethylene, provided that the maximum total weekly

usage of these solvents (other than the amounts that can be

demonstrated not to be discharged to wastewater) divided

by the average weekly flow of wastewater into the

headworks of the facility’s wastewater treatment or

pretreatment system does not exceed 1 part per million;

ii) One or more of the following spent solvents listed in

Section 721.131: methylene chloride, 1,1,1-trichloro-

ethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic

acid, nitrobenzene, toluene, methyl ethyl ketone, carbon

disulfide, isobutanol, pyridine, spent chlorofluorocarbon

solvents, provided that the maximum total weekly usage of

these solvents (other than the amounts that can be

demonstrated not to be discharged to wastewater) divided

by the average weekly flow of wastewater into the

headworks of the facility’s wastewater treatment or

pretreatment system does not exceed 25 parts per million;

iii) One of the following wastes listed in Section 721.132,

provided that the wastes are discharged to the refinery oil

recovery sewer before primary oil/water/solids separation:

heat exchanger bundle cleaning sludge from the petroleum

refining industry (USEPA hazardous waste no. K050),

crude oil storage tank sediment from petroleum refining

operations (USEPA hazardous waste number K169),

clarified slurry oil tank sediment and/or in-line

filter/separation solids from petroleum refining operations

(USEPA hazardous waste number K170), spent

hydrotreating catalyst (USEPA hazardous waste number

K171), and spent hydrorefining catalyst (USEPA hazardous

waste number K172);

iv) A discarded commercial chemical product or chemical

intermediate listed in Section 721.133 arising from de

minimis losses of these materials from manufacturing

operations in which these materials are used as raw

materials or are produced in the manufacturing process.

For purposes of this subsection, “de minimis” losses

include those from normal material handling operations

(e.g., spills from the unloading or transfer of materials from

bins or other containers, leaks from pipes, valves, or other

devices used to transfer materials); minor leaks of process

equipment, storage tanks, or containers; leaks from well-

maintained pump packings and seals; sample purgings;

relief device discharges; discharges from safety showers

and rinsing and cleaning of personal safety equipment; and

rinsate from empty containers or from containers that are

rendered empty by that rinsing;

v) Wastewater resulting from laboratory operations containing

toxic (T) wastes listed in Subpart D of this Part, provided

that the annualized average flow of laboratory wastewater

does not exceed one percent of total wastewater flow into

the headworks of the facility’s wastewater treatment or

pretreatment system or provided that the wastes’ combined

annualized average concentration does not exceed one part

per million in the headworks of the facility’s wastewater

treatment or pretreatment facility. Toxic (T) wastes used in

laboratories that are demonstrated not to be discharged to

wastewater are not to be included in this calculation;

vi) One or more of the following wastes listed in Section

721.132: wastewaters from the production of carbamates

and carbamoyl oximes (USEPA Hazardous Waste No.

K157), provided that the maximum weekly usage of

formaldehyde, methyl chloride, methylene chloride, and

triethylamine (including all amounts that cannot be

demonstrated to be reacted in the process, destroyed

through treatment, or recovered, i.e., what is discharged or

volatilized) divided by the average weekly flow of process

wastewater prior to any dilutions into the headworks of the

facility’s wastewater treatment system does not exceed a

total of 5 parts per million by weight; or

vii) Wastewaters derived from the treatment of one or more of

the following wastes listed in Section 721.132: organic

waste (including heavy ends, still bottoms, light ends, spent

solvents, filtrates, and decantates) from the production of

carbamates and carbamoyl oximes (USEPA Hazardous

Waste No. K156), provided, that the maximum

concentration of formaldehyde, methyl chloride, methylene

chloride, and triethylamine prior to any dilutions into the

headworks of the facility’s wastewater treatment system

does not exceed a total of 5 milligrams per liter.

E) Rebuttable presumption for used oil. Used oil containing more

than 1,000 ppm total halogens is presumed to be a hazardous waste

because it has been mixed with halogenated hazardous waste listed

in Subpart D of this Part. Persons may rebut this presumption by

demonstrating that the used oil does not contain hazardous waste

(for example, by using an analytical method from SW-846,

incorporated by reference at 35 Ill. Adm. Code 720.111, to show

that the used oil does not contain significant concentrations of

halogenated hazardous constituents listed in Appendix H of this

Part).

i) The rebuttable presumption does not apply to metalworking

oils or fluids containing chlorinated paraffins if they are

processed through a tolling arrangement as described in 35

Ill. Adm. Code 739.124(c) to reclaim metalworking oils or

fluids. The presumption does apply to metalworking oils

or fluids if such oils or fluids are recycled in any other

manner, or disposed.

ii) The rebuttable presumption does not apply to used oils

contaminated with chlorofluorocarbons (CFCs) removed

from refrigeration units where the CFCs are destined for

reclamation. The rebuttable presumption does apply to

used oils contaminated with CFCs that have been mixed

with used oil from sources other than refrigeration units.

b) A solid waste that is not excluded from regulation under subsection (a)(1) of this

Section becomes a hazardous waste when any of the following events occur:

1) In the case of a waste listed in Subpart D of this Part, when the waste first

meets the listing description set forth in Subpart D of this Part.

2) In the case of a mixture of solid waste and one or more listed hazardous

wastes, when a hazardous waste listed in Subpart D of this Part is first

added to the solid waste.

3) In the case of any other waste (including a waste mixture), when the waste

exhibits any of the characteristics identified in Subpart C of this Part.

c) Unless and until it meets the criteria of subsection (d) of this Section, a hazardous

waste will remain a hazardous waste.

BOARD NOTE: This subsection corresponds with 40 CFR 261.3(c)(1). The

Board has codified 40 CFR 261.3(c)(2) at subsection (e) of this Section.

d) Any solid waste described in subsection (c) of this Section is not a hazardous

waste if it meets the following criteria:

1) In the case of any solid waste, it does not exhibit any of the characteristics

of hazardous waste identified in Subpart C of this Part. (However, wastes

that exhibit a characteristic at the point of generation may still be subject

to the requirements of 35 Ill. Adm. Code 728, even if they no longer

exhibit a characteristic at the point of land disposal.)

2) In the case of a waste that is a listed waste under Subpart D of this Part, a

waste that contains a waste listed under Subpart D of this Part, or a waste

that is derived from a waste listed in Subpart D of this Part, it also has

been excluded from subsection (c) of this Section under 35 Ill. Adm. Code

720.120 and 720.122.

e) Specific inclusions and exclusions.

1) Except as otherwise provided in subsection (e)(2), (g), or (h) of this

Section, any solid waste generated from the treatment, storage, or disposal

of a hazardous waste, including any sludge, spill residue, ash, emission

control dust, or leachate (but not including precipitation run-off), is a

hazardous waste. (However, materials that are reclaimed from solid

wastes and that are used beneficially are not solid wastes and hence are

not hazardous wastes under this provision unless the reclaimed material is

burned for energy recovery or used in a manner constituting disposal.)

2) The following solid wastes are not hazardous even though they are

generated from the treatment, storage, or disposal of a hazardous waste

unless they exhibit one or more of the characteristics of hazardous waste:

A) Waste pickle liquor sludge generated by lime stabilization of spent

pickle liquor from the iron and steel industry (SIC Codes 331 and

332).

B) Wastes from burning any of the materials exempted from

regulation by Section 721.106(a)(3)(C) and (a)(3)(D).

C) Nonwastewater residues, such as slag, resulting from high

temperature metal recovery (HTMR) processing of K061, K062, or

F006 waste in the units identified in this subsection that are

disposed of in non-hazardous waste units, provided that these

residues meet the generic exclusion levels identified in the tables

in this subsection for all constituents and the residues exhibit no

characteristics of hazardous waste. The types of units identified

are rotary kilns, flame reactors, electric furnaces, plasma arc

furnaces, slag reactors, rotary hearth furnace/electric furnace

combinations, or the following types of industrial furnaces (as

defined in 35 Ill. Adm. Code 720.110): blast furnaces, smelting,

melting and refining furnaces (including pyrometallurgical devices

such as cupolas, reverberator furnaces, sintering machines,

roasters, and foundry furnaces), and other furnaces designated by

the Agency pursuant to that definition.

i) Testing requirements must be incorporated in a facility’s

waste analysis plan or a generator’s self-implementing

waste analysis plan; at a minimum, composite samples of

residues must be collected and analyzed quarterly and

when the process or operation generating the waste

changes.

ii) Persons claiming this exclusion in an enforcement action

will have the burden of proving by clear and convincing

evidence that the material meets all of the exclusion

requirements. The generic exclusion levels are:

Constituent

Maximum for any single

composite sample (mg/L)

Generic exclusion levels for K061 and K062

nonwastewater HTMR residues.

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total)

0.33

Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Vanadium 1.26

Zinc 70

Generic exclusion levels for F006 nonwastewater HTMR

residues

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total)

0.33

Cyanide (total) (mg/kg)

1.8

Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Zinc 70

iii) A one-time notification and certification must be placed in

the facility’s files and sent to the Agency (or, for out-of-

State shipments, to the appropriate Regional Administrator

of USEPA or the state agency authorized to implement 40

CFR 268 requirements) for K061, K062, or F006 HTMR

residues that meet the generic exclusion levels for all

constituents and do not exhibit any characteristics and

which are sent to RCRA Subtitle D (municipal solid waste

landfill) units. The notification and certification that is

placed in the generator’s or treater’s files must be updated

if the process or operation generating the waste changes or

if the RCRA Subtitle D unit receiving the waste changes.

However, the generator or treater need only notify the

Agency on an annual basis if such changes occur. Such

notification and certification should be sent to the Agency

by the end of the calendar year, but no later than December

31. The notification must include the following

information: the name and address of the nonhazardous

waste management unit receiving the waste shipment; the

USEPA hazardous waste number and treatability group at

the initial point of generation; and the treatment standards

applicable to the waste at the initial point of generation.

The certification must be signed by an authorized

representative and must state as follows:

“I certify under penalty of law that the generic

exclusion levels for all constituents have been met

without impermissible dilution and that no

characteristic of hazardous waste is exhibited. I am

aware that there are significant penalties for

submitting a false certification, including the

possibility of fine and imprisonment.”

D) Biological treatment sludge from the treatment of one of the

following wastes listed in Section 721.132: organic waste

(including heavy ends, still bottoms, light ends, spent solvents,

filtrates, and decantates) from the production of carbamates and

carbamoyl oximes (USEPA Hazardous Waste No. K156) and

wastewaters from the production of carbamates and carbamoyl

oximes (USEPA Hazardous Waste No. K157).

E) Catalyst inert support media separated from one of the following

wastes listed in Section 721.132: spent hydrotreating catalyst

(USEPA hazardous waste number K171) and spent hydrorefining

catalyst (USEPA hazardous waste number K172).

BOARD NOTE: This subsection would normally correspond with 40 CFR

261.3(e), a subsection which has been deleted and marked “reserved” by USEPA.

Rather, this subsection (e) corresponds with 40 CFR 261.3(c)(2), which the Board

codified here to comport with codification requirements and to enhance clarity.

f) Notwithstanding subsections (a) through (e) of this Section and provided the

debris, as defined in 35 Ill. Adm. Code 728.102, does not exhibit a characteristic

identified at Subpart C of this Part, the following materials are not subject to

regulation under 35 Ill. Adm. Code 720, 721 to 726, 728, or 730:

1) Hazardous debris as defined in 35 Ill. Adm. Code 728.102 that has been

treated using one of the required extraction or destruction technologies

specified in 35 Ill. Adm. Code 728.Table F; persons claiming this

exclusion in an enforcement action will have the burden of proving by

clear and convincing evidence that the material meets all of the exclusion

requirements; or

2) Debris as defined in 35 Ill. Adm. Code 728.102 that the Agency,

considering the extent of contamination, has determined is no longer

contaminated with hazardous waste.

g) Exclusion of certain wastes listed in Subpart D solely because they exhibit a

characteristic of ignitability, corrosivity, or reactivity.

1) A hazardous waste that is listed in Subpart D of this Part solely because it

exhibits one or more characteristics of ignitability, as defined under

Section 721.121; corrosivity, as defined under Section 721.122; or

reactivity, as defined under Section 721.123 is not a hazardous waste, if

the waste no longer exhibits any characteristic of hazardous waste

identified in Subpart C of this Part.

2) The exclusion described in subsection (g)(1) of this Section also pertains

to the following:

A) Any mixture of a solid waste and a hazardous waste listed in

Subpart D of this Part solely because it exhibits the characteristics

of ignitability, corrosivity, or reactivity, as regulated under

subsection (a)(2)(D) of this Section; and

B) Any solid waste generated from treating, storing, or disposing of a

hazardous waste listed in Subpart D of this Part solely because it

exhibits the characteristics of ignitability, corrosivity, or reactivity

as regulated under subsection (e)(1) of this Section.

3) Wastes excluded under this Section are subject to 35 Ill. Adm. Code 728

(as applicable), even if they no longer exhibit a characteristic at the point

of land disposal.

h) Eligible radioactive mixed waste.

1) Hazardous waste containing radioactive waste is no longer a hazardous

waste when it meets the eligibility criteria and conditions of 35 Ill. Adm.

Code 726.Subpart N (i.e., it is “eligible radioactive mixed waste”).

2) The exemption described in subsection (h)(1) of this Section also pertains

to the following:

A) Any mixture of a solid waste and an eligible radioactive mixed

waste; and

B) Any solid waste generated from treating, storing, or disposing of

an eligible radioactive mixed waste.

3) Waste exempted under this Section must meet the eligibility criteria and

specified conditions in 35 Ill. Adm. Code 726.325 and 726.330 (for

storage and treatment) and in 35 Ill. Adm. Code 726.410 and 726.415 (for

transportation and disposal). Waste that fails to satisfy these eligibility

criteria and conditions is regulated as hazardous waste.

(Source: Amended at 26 Ill. Reg. ________, effective ______________________)

Section 721.104 Exclusions

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

for the purpose of this Part:

1) Sewage:

A) Domestic sewage (untreated sanitary wastes that pass through a

sewer system); and

B) Any mixture of domestic sewage and other waste that passes

through a sewer system to publicly-owned treatment works for

treatment.

2) 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 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.

3) Irrigation return flows.

4) Source, special nuclear, or by-product material as defined by the Atomic

Energy Act of 1954, as amended (42 USC 2011 et seq.).

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

the ground as part of the extraction process.

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

recovery furnace and then reused in the pulping process, unless

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

7) Spent sulfuric acid used to produce virgin sulfuric acid unless it is

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

8) 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:

A) 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;

B) Reclamation does not involve controlled flame combustion (such

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

C) The secondary materials are never accumulated in such tanks for

over twelve months without being reclaimed; and

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

produce products that are used in a manner constituting disposal.

9) Wood preserving wastes.

A) Spent wood preserving solutions that have been used and which

are reclaimed and reused for their original intended purpose;

B) Wastewaters from the wood preserving process that have been

reclaimed and which are reused to treat wood; and

C) 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:

i) 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 35 Ill. Adm. Code 725.Subpart W, regardless

of whether the plant generates a total of less than 100

kg/month of hazardous waste; and

v) Prior to operating pursuant to this exclusion, the plant

owner or operator submits 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 for a period of no less

than three years from the date specified in the notice. 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 shall must reinstate the exclusion in writing if

it finds that the plant has returned to compliance with all

conditions and that violations are not likely to recur. If the

Agency denies an application, it shall 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:

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

byproducts, 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, 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.

B) 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:

A) The circuit boards are stored in containers sufficient to prevent a

release to the environment prior to recovery; and

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

and 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) Secondary materials (i.e., sludges, by-products, and 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:

A) The secondary material is legitimately recycled to recover

minerals, acids, cyanide, water, or other values;

B) The secondary material is not accumulated speculatively;

C) Except as provided in subsection (a)(16)(D) (a)(17)(D) of this

Section, the secondary 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 secondary 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 which 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.

D) The Agency shall must allow by permit that solid mineral

processing secondary 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 secondary 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.

i) The Agency shall 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 secondary 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

secondary 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 which controls fugitive dust; and they

must have integrity assurance through inspections and

maintenance programs.

iii) Before making a determination under this subsection

(a)(16)(D) (a)(17)(D), the Agency shall 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 35 Ill. Adm. Code 703.Subpart D for

the RCRA Subtitle C permit public notice requirements.

E) The owner or operator provides a notice to the Agency, identifying

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.

F) For purposes of subsection (b)(7) of this Section, mineral

processing secondary 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.