ILLINOIS POLLUTION CONTROL BOARD

April 21,

1994

IN THE MATTER OF:

)

R94—7

RCRA UPDATE, USEPA REGULATIONS

)

 (Identical in Substance Rules)

(7—1—93 THROUGH 12—31—93)

)

Proposal for Public Comment.

PROPOSED ORDER OF THE BOARD

 (by E. Dunham):

Pursuant to Sections 22.4(b)

 of the Environmental Protection

Act

 (Act),

 the Board is proposing to amend the Resource

Conservation and Recovery Act

 (RCRA)

 regulations.

Section 22.4(b) provides for quick adoption of regulations

that are “identical

 in substance” to federal regulations and that

Title VII of the Act and Section 5 of the Administrative

Procedure Act

 (APA)

 shall not apply.

 Because this rulemaking is

not subject to Section

 5 of the APA,

 it is not subject to first

notice or to second notice review by the Joint Committee on

Administrative Rules

 (JCAR).

 The federal RCRA regulations are

found at 40 CFR 260 through 272 and 279.

 This rulemaking updates

RCRA rules to correspond with major federal amendments more fully

outlined in the accompanying opinion.

This proposed order is supported by a proposed opinion

adopted on the same day.

 The Board will receive public comment

on the proposal for a period of 45 days following its publication

 in the Illinois Register.

 The complete text of the proposed

rules follows.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board, do hereby certify that th~eabove proposed o~derw~s

adopted by the Board

 9fl the

 day of

1994,

 by a vote of

c~

//

L..

~-~‘Dorothy N. Gu4i,

 Clerk

Illinois Pollution Control Board

2

TITLE

35:

 ENVIRONMENTAL

PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL

BOARD

SUBCHAPTER

b:

 PERMITS

PART 703

RCRA

PERMIT

 PROGRAM

SUBPART

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 (Repealed)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

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

703.200

 Specific Information

703.201

 Containers

703.202

 Tank

Systems

703.203

 Surface Impoundments

703.204

 Waste Piles

703.205

 Incinerators

703.206

 Land Treatment

703.207

 Landfills

703.208

 Specific Part B Information Requirements for Boilers and

3

Industrial Furnaces

703.209

 Miscellaneous Units

703.210

 Process Vents

703.211

 Equipment

703.212

 Drip Pads

SUBPART E:

 SHORT TERM

AND

PHASED PERMITS

Section

703.221

 Emergency Permits

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

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

703.245

 Twenty-four Hour Reporting

703.246

 Reporting Requirements

703.247

 Anticipated Noncompliance

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

703.Appendix A

 Classification of Permit Modifications

AUTHORITY:

 Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act

 (Ill. Rev.

 Stat.

 1991,

ch.

 111½, pars.

 1022.4 and

1027

 (415 ILCS 5/22.4 and 27)).

SOURCE:

 Adopted in R82—19,

 53 PCB 131,

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,

 1987;

 amended

in

R85-23

at 10 Ill.

 Reg. 13284, effective July

28,

 1986;

 amended in R86—1

at

10

 Iii.

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

4

June

17,

 1991;

 amended in R9l—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—l0 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

_____

Ill.

 Reg.

_________,

 effective

;

 amended

 in R94-7

at

Ill.

 Req.

 effective

SUBPART A:

 GENERAL PROVISIONS

Section 703.110

 References

a)

 When used in this Part the following publications are incorporated

by reference:

“Toot Mothodo for Evaluating Colid ~aote, Phyoical/Chemioal

Methods,” EPA Publication CW 846

 (Cccond Edition,

1982

as

amcndcd by Update

I

 (April,

 1984)

 and Update

II

 (april,

1985)).

 The second edition of CW-846 and Updates

I

and

II

are

 available from the Superintendent of Documents,

 U.S.

Covernmcnt Printing Office,

 Washington,

 D.C.,

20401

 (202)

783 3238,

on

 a subscription basic. (See 35

 Ill.

Adrn.

 Code

720.11l.~

b)

 The references listed in paragrapheubsection

(a)

 above are also

available for inspection at the offices of the Pollution Control

Board.

 This incorporation includes no later amendments or

editions.

(BOARD NOTE:

 Derived from 40 CFR 270.6

 (1992).

 as amended

at

58

Fed. Req.

46051

 (Aug.

31,

 1993’~.

(Source:

 Amended at 18

 Ill. Reg.

________,

 effective

_____________________

SUBPART

D:

 APPLICATIONS

Section 703.205

 Incinerators

For facilities that incinerate

hazardous waste,

 except as 35

 Iii.

Adm.

 Code

724.440 provides otherwise, the applicant must fulfill the requirements

of

paragraphsubsections

 (a),

(b)

or

 (c) below in completing the Part B

application:

a)

 When seeking exemption under 35

 Ill.

Adm.

 Code 724.440(b) or

(c)

(ignitable,

 corrosive or reactive wastes only):

1)

 Documentation that the waste

 is listed as a hazardous waste

in 35

 Ill.

 Adm. Code 721-7—-~SubpartD solely because

it

is

ignitable

 (Hazard Code

I),

 corrosive (Hazard Code C),

or

both; or

2)

 Documentation that the waste is

 listed as a hazardous waste

in 35

 Ill.

 Adin.

 Code 721-1—~SubpartD solely because

it

is

reactive (Hazard Code R)

 for characteristics other than

those listed in 35 Ill.

 Adm. Code 721.l23(a)(4)

and

j~J(5),

and will not be burned when other hazardous wastes are

present in the combustion zone;

or

3)

 Documentation that the waste

is

 a hazardous waste solely

because it possesses the characteristic of ignitability or

corrosivity,

 or both,

 as determined by the tests for

5

characteristics of hazardous wastes under

35

 Iii.

 Adm. Code

72l-,-—~SubpartC;

or

4)

 Documentation that the waste

 is a hazardous waste solely

because it possesses the reactivity characteristics listed

in 35

 Ill.

 Adm. Code 721.123

 (a)(1)r

 (2),throuah

j~I(3)r_2~

j~j(6)i-

-(7) orthrough j~J.(8), and that

 it will not be burned

when other hazardous wastes are present

in the combustion

zone;

or

b)

 Submit a trial burn plan or the results of

 a trial burn,

 including

all required determinations,

 in accordance with Section 703.222

et

seq.;

or

c)

 In lieu of a trial burn, the applicant may submit the

 following

information:

1)

 An analysis of each waste or mixture of wastes

to be burned

including:

A)

 Heat value

 of the waste

 in the form

and composition

in

which

 it will be burned;

B)

 Viscosity

 (if applicable),

 or description

of physical

form of the waste;

C)

 An identification of any hazardous organic

constituents listed in

35

 Ill.

 Adm.

Code

 721-,-

~Appendix Hr w~-ichthatare present

 in the waste to be

burned, except that the applicant need not analyze for

constituents

 listed

 in 35

 Ill.

 Adm.

Code

 721-,-

~.AppendixH whiohthat would reasonably not be expected

to be found

 in the waste.

 The constituents excluded

from analysis must be identified and the basis for

their exclusion stated.

 The waste analysis must rely

on analytical techniques specified

 in “Test Methods

for the Evaluation of Solid Waste,

 Physical/Chemical

Methods”, U.S. EPA Publication SW—846,

as

+incorporated by reference, -oee at

35

 Ill.

 Adrn. Code

720.111 and Section 703.110 and referenced

in

35

 Ill.

Adin.

 Code 721, Appendix C),

 or their equivalent;

D)

 An approximate quantification of the hazardous

constituents identified

 in the waste,

 within

the

precision produced by the analytical methods specified

in “Test Methods for the Evaluation of

Solid Waste,

Physical/Chemical Methods”,

 U.S. EPA Publication

SW-

846.

 as -(-incorporated by reference,

 see at

35

 Ill.

Adm. Code 720.111 and Section 703.110+;

E)

 A quantification of those hazardous constituents

in

the waste whiohthat may be designated as POHCs based

on data submitted from other trial or operational

burns whichthat demonstrate compliance with the

performance standard in 35 Ill. Adm.

Code 724.443;

2)

 A detailed engineering description

 of the incinerator,

including:

A)

 Manufacturer’s name and model number of

 incinerator;

B)

 Type of incinerator;

6

C)

 Linear dimension of incinerator unit including cross

sectional area of combustion chamber;

D)

 Description of auxiliary fuel

 system (type/feed);

E)

 Capacity of prime mover;

F)

 Description of automatic waste feed cutoff system(s);

C)

 Stack gas monitoring and

pollution control monitoring

system;

H)

 Nozzle and burner design;

I)

 Construction materials;

J)

 Location and description of temperature,

 pressure and

flow indicating devices and control devices;

3)

 A description and analysis of the waste to be burned

compared with the waste

 for which data from operational

or

trial burns are provided to support the contention that

a

trial burn is not needed.

 The data should include

those

items listed in paragraphsubsection

 (c)(l)

 above.

 This

analysis should specify the POHCs whichthat the applicant

has identified in the waste for which

 a permit

 is sought,

and any differences from the POHC5

 in the waste

 for which

burn data are provided;

4)

 The design and operating conditions of the incinerator unit

to be used, compared with that for which comparative burn

data are available;

5)

 A description of the results submitted from any previously

conducted trial burn(s)

 including:

A)

 Sampling and analysis techniques used to calculate

performance standards in 35

 Ill.

Adm.

Code 724.443;

B)

 Methods and results of monitoring temperatures,

 waste

feed rates, carbon monoxide and an appropriate

indicator of

 combustion gas velocity

 (including

a

statement concerning the precision and accuracy of

this measurement);

C)

 The certification and results required by

paragraphoubeection

 (b) above

6)

 The expected incinerator operation information to

demonstrate compliance with 35

 Ill.

 Adin.

Code 724.443 and

724.445 including:

A)

 Expected carbon monoxide

 (CO)

 level

 in the stack

exhaust gas;

B)

 Waste feed rate;

C)

 Combustion zone temperature;

D)

 Indication of combustion gas velocity;

E)

 Expected stack gas volume,

 flow rate and temperature;

7

F)

 Computed residence time for waste

 in the combustion

zone;

G)

 Expected hydrochloric acid removal efficiency;

H)

 Expected fugitive emissions and their control

procedures;

I)

 Proposed waste

 feed cut—off limits based on the

identified significant operating parameters;

7)

 The Agency may, pursuant to

35

 Ill.

Adm.

Code 705.122,

request such additional information as may be necessary for

the Agency to determine whether the incinerator meets the

requirements of 35

 Ill.

 Adm. Code

 724-r—..Subpart

0,

 and what

conditions are required by that Subpart and Section 39(d)

of

the Environmental Protection Act;

8)

 Waste analysis data,

 including that submitted

in

paragraphsubsecti~i(c)(l)

 above,

 sufficient to allow the

Agency to specify as

permit

Principal Organic Hazardous

Constituents

 (permit POHCB) those constituents for which

destruction and removal efficiencies will be required;

d)

 The Agency shall approve

 a permit application without a trial burn

if

 it finds that:

1)

 The wastes are sufficiently similar;

and

2)

 The incinerator units are sufficiently similar,

 and the data

from other trial

burns are adequate to specify

 (under

35

Ill.

Adm.

Code 724.445)

operating conditions that will

ensure that the performance standards

in

35

 Ill. Adm.

 Code

724.443 will be met by the incinerator.

(BOARD NOTE:

 Derived from 40 CFR 270.19

 (1992),

 as amended

at

 58 Fed.

 Req. 46051

 (Aug.

31,

 1993).

 See 40 CFR

122.25(b) (5).)

(Source:

 Amended at

18

 Ill. Reg.

_______,

 effective

_____________________

SUBPART E:

 SHORT TERM

AND PHASED PERMITS

Section 703.223

 Incinerator Conditions During Trial Burn

For the purposes of determining feasibility of compliance with

the performance standards of

35

 Ill.

 Adm.

Code 724.443 and

of

determining adequate operating conditions under

35

 Ill.

 Adm. Code

724.445, the Agency shall establish conditions

 in the permit to

a

new hazardous waste incinerator to be effective during the trial

burn.

a)

 Applicants shall propose a trial burn plan, prepared under

subsection

 (b) below with Part B of the permit application;

b)

 The trial burn plan

must include the following information:

1)

 An analysis of each waste or mixture of wastes to be burned

 whichthat includes:

A)

 Heat value of the waste in the form and composition

in

8

which it will be burned;

B)

 Viscosity

 (if applicable), or description of physical

form of the waste;

C)

 An identification of any hazardous organic

constituents listed in 35

 Ill. Adm. Code 72l.hppendix

H, ~~hiohthatare present

 in the waste to be burned,

except that the applicant need not analyze for

constituents listed in 35

 Ill.

 Adm. Code 721.Appendix

H whiohthat would reasonably not be expected to be

found in the waste.

 The constituents excluded from

analysis must be identified,

 and the basis

 for their

exclusion stated.

 The waste analysis must rely on

analytical techniques specified

in

 “Test Methods

for

the Evaluation of Solid Waste,

 Physical/Chemical

Methods”,

 U.S.

 EPA Publication SW—846,

as

~incorporatedby

reference,

ccc

at

35

 Ill.

Adm. Code

720.111 and Section 703.110+,

 or their equivalent;

D)

 An approximate quantification of the

 hazardous

constituents identified in the waste, within the

precision

produced by the analytical methods specified

 in “Test Methods for the Evaluation

 of Solid Waste,

Physical/Chemical Methods,-”, U.S. EPA Publication

SW-

846,

 as ~incorporated by reference,

 ccc at

35

Ill.

Mm.

 Code 720.111 and Section 703.1l0+~.or their

equivalent;

2)

 A detailed engineering description of the incinerator

for

which the permit is sought including:

A)

 Manufacturer’s name and model number of incinerator

(if available);

B)

 Type of incinerator;

C)

 Linear dimensions of the incinerator unit including

the cross sectional area of combustion chamber;

D)

 Description of the auxiliary fuel system

 (type/feed);

E)

 Capacity of prime mover;

F)

 Description of automatic waste

 feed cut—off system(s);

G)

 Stack gas monitoring and pollution control equipment;

H)

 Nozzle and burner design;

I)

 Construction materials;

Location and description of temperature,

 pressure and

flow indicating and control devices;

3)

 A detailed description of sampling and monitoring

procedures, including sampling and monitoring locations

in

the system,

 the equipment to be used,

 sampling and

monitoring frequency and planned

 analytical procedures

for

sample analysis;

4)

 A detailed test schedule for each waste for which the trial

9

burn is planned including date(s),

 duration,

 quantity of

waste to be burned and other factors relevant to the

Agency’s decision under subsection

 (e) below

5)

 A detailed test protocol,

 including, for each waste

identified, the ranges of temperature, waste

 feed rate,

combustion gas velocity, use of auxiliary fuel and

any other

relevant parameters that will be varied to affect the

destruction and removal efficiency of the incinerator;

6)

 A description of,

 and planned operating conditions

 for,

any

emission control equipment ~hiohthat will be used;

7)

 Procedures for rapidly stopping waste feed,

 shutting down

the incinerator and controlling emissions in the event

of

an

equipment malfunction;

8)

 Such other information as the Agency reasonably finds

necessary to determine whether

to approve the trial burn

plan in light of the purposes of this paragraphsubsection

and the criteria in subsection

 (e) below.

 Such information

must be requested by the Agency pursuant to 35

 Ill.

Ad~m.

Code 705.123.

 The Agency,

 in reviewing the trial burn plan,

 shall evaluate the

sufficiency of the information provided and shall require the

applicant, pursuant to 35

 Ill. Adm.

 Code 705.123,

 to supplement

this information,

 if necessary, to achieve the purposes of this

paragraphsubsection

d)

 Based on the waste analysis data in the trial burn plan,

the

Agency shall specify as trial Principal Organic Hazardous

Constituents

 (POHCB), those constituents for which destruction and

removal

efficiencies must be calculated during the trial

 burn.

These trial POHCs must be specified by the Agency based on its

estimate of the difficulty of incineration of the constituents

identified in the waste analysis,

 their concentration or mass

in

the waste feed,

 and,

 for wastes listed

in

35

 Ill.

 Ad-rn. Code

721.Subpart D, the hazardous waste organic constituent

of

constituents identified in 35

 Ill.

 Ad-rn. Code 721.Appendix G or H

as the basis for listing;

e)

 The Agency shall approve a trial burn plan

if

it finds that:

1)

 The trial burn is likely to determine whether the

incinerator performance standard required by

35

 Ill.

 Ad-rn.

Code 724.443 can be met;

2)

 The trial burn itself will not present an imminent hazard to

human health or the environment;

3)

 The trial burn will help the Agency to determine operating

requirements to be specified under 35

 Ill.

 Ad-rn.

 Code

724.445; and

4)

 The information Bought

~fl

 subsection2

 (e)(l)

and

 (e)(3)

above cannot reasonably be developed through other means;

f)

 During each approved trial burn (or as soon after the burn as

is

practicable), the applicant shall make the following

determinations:

10

1)

 A quantitative analysis of the trial POHC5,

 in the waste

feed to the

incinerator;

2)

 A quantitative analysis of the exhaust gas

for

the

concentration and mass emissions of the trial

POHC’s,

molecular oxygen and hydrogen chloride

 (HC1);

3)

 A quantitative analysis of the scrubber water

 (if any),

ash

reBidues and other residues,

 for the purpose of estimating

the fate of the trial POHCB;

4)

 A computation of destruction and removal

efficiency

 (DRE),

in accordance with the

DRE

formula specified in

35

 Ill.

 Ad-rn.

Code 724.443(a);

5)

 If the HC1

 (hydrogen chloride) emission rate exceeds

1.8

kilograms of HC1 per hour

 (4 pounds per hour),

 a computation

of HC1 removal efficiency

 in accordance with 35

 Ill.

 Ad-rn.

Code 724.443(b);

6)

 A computation of particulate emissions,

 in accordance with

35

 Ill.

 Ad-rn.

Code 724.443(c);

7)

 An identification of sources of fugitive emissions and their

means of control;

8)

 A measurement of average, maximum and minimum temperatures

and combustion gas velocity;

9)

 A continuous measurement of

 carbon monoxide

 (CO)

 in the

exhaust gas;

10)

 Such other information

 as the Agency specifies as necessary

to ensure that the trial burn will determine compliance with

the performance standards in 35

 Ill.

 Adxn. Code 724.443

and

to establish the operating conditions required by

35

 Ill.

Ad-rn. Code 724.445 as necessary to meet that performance

standard.

g)

 The applicant shall submit to the Agency

 a certification that the

trial burn has been carried out

in accordance with the approved

trial burn plan,

 and shall

 submit the results of all the

determinations required in subsection

(f)

 above.

 This

 submission

must be made within 90 days of completion of the trial burn,

or

later if approved by the Agency;

h)

 All data collected during any trial burn must be submitted to the

Agency following the completion of the trial burn;

i)

 All submissions required by this paragraphsubsection must be

certified on behalf of the applicant by the signature of

 a person

authorized to sign a permit application or

 a report under

35

Ill.

Ad-rn. Code 702.126;

j)

 Based on the results of the trial burn,

 the Agency shall set the

operating requirements in the final permit according to

35

 Ill.

Ad-rn. Code 724.445.

 The permit modification must proceed as

a

minor modification according to

 Section 703.280.

BOARD

NOTE:

 Derived from 40 CFR 270.62(a)

 (19~892),

as amended

at

5

 Fed.

 Reg.

 -3-7-934,

September 28,

198846051

 (Aug.

31,

 1993).

i:i

(Source:

 Amended at

 18 Ill.

Reg.

 effective

_____________________

Section 703.232

 Permits for Boilers

 and- Industrial Furnaces Burning

Hazardous Waste

a)

 General.

 Owners and operators of new boilers and industrial

furnaces (those not operating

under the interim status standards

of

35

 Ill. Adm. Code 726.203) are subject to subsection

(b)

through

 (f)-,- below.

 Boilers and industrial furnaces operating

under the interim status standards of 35

 Ill.

 Ad-rn.

 Code 726.203

are subject to subsection

 (g)-r below.

b)

 Permit operating periods for new boilers and industrial

 furnaces.

A permit

 for a new boiler or industrial furnace must specify

appropriate conditions for the following operating periods:

1)

 Pretrial burn period-.

 For the period beginning

with initial

introduction of hazardous waste and ending with initiation

of the trial

 burn,

 and only for the minimum time required to

bring the boiler or industrial furnace to a point of

operation

readiness to conduct

 a trial burn,

 not to exceed

720 hours operating time when burning hazardous waste,

the

Agency shall establish in the Pretrial Burn Period of

the

permit conditions,

 including but not

limited to allowable

hazardous waste feed rates and operating conditions.

The

Agency shall extend the duration of this operational period

once,

 for up to 720 additional hours,

 at the request of the

applicant when good cause

 is shown.

 The permit most be

modified to reflect the extension according to Section

 703.280 et

 seq.

A)

 Applicants must submit

 a statement,

 with part B of the

permit application,

 that suggests the conditions

necessary to operate in compliance with the standards

of 35 Ill.

 Ad-rn. Code 726.204 through 726.207

during

this period.

 This statement should include,

at

a

minimum, restrictions on the applicable operating

requirements identified

 in 35

 Ill.

 Ad-rn. Code 726.202

(e).

B)

 The Agency shall review this statement and

 any other

relevant information submitted with part

B of the

permit application and specify requirements

 for this

period- sufficient to meet the performance standards of

35

 Ill. Adm. Code 726.204 through 726.207 based on the

Agency’s engineering judgment.

2)

 Trial burn period-.

 For the duration of

the trial

 burn,

the

Agency shall establish conditions in the permit for the

purposes of determining feasibility of compliance with the

performance standards of

35

 Ill.

 Ad-rn.

 Code 726.204 through

726.207 and determining adequate operating conditions under

35

 Ill.

 Ad-rn.

Code 726.202(e).

 Applicants shall propose a

trial burn plan, prepared- under subsection

(C)-~

below,

 to be

submitted with part B of the permit application.

3)

 Post—trial burn period.

A)

 For the period- immediately following completion of the

trial burn,

 and only for the minimum period sufficient

to allow sample analysis,

 data computation and

submission of the trial burn results by the applicant,

12

and review of the trial burn results and modification

of the facility permit by the Agency to reflect the

trial burn results, the Agency shall establish the

operating requirements most likely to ensure

compliance with the performance standards of 35

 Ill.

Ad-rn. Code 726.204 through 726.207 based on the

Agency’s engineering judgment.

B)

 Applicants shall submit

a statement,

with part B of

the application, that identifies the conditions

necessary to operate during this period in compliance

with the performance

 standard-s of 35

 Ill.

 Ad-rn. Code

726.204 through 726.207.

 This statement should

include,

at

 a minimum, restrictions on the operating

requirements provided by

35

 Ill.

 Ad-rn. Code 726.202

(e).

C)

 The Agency shall review this statement and any other

relevant information submitted- with part B of the

permit application and specify requirements

of this

period- sufficient to meet the performance standards

of

35 Ill.

 Ad-rn.

Code 726.204 through 726.207 based on the

Agency’s engineering judgment.

4)

 Final permit period.

 For the final period of operation the

Agency shall develop operating requirements

 in conformance

with 35

 Ill.

Adm.

Code 726.202—(e)

 that reflect conditions

in the trial burn plan and are likely to ensure compliance

with the performance standards of 35

 Ill.

 Ad-rn.

 Code 726.204

through 726.207.

 Based on the trial burn results,

the

Agency shall make any necessary modifications to the

operating requirements to ensure compliance with the

performance standards.

 The permit modification must proceed

according to Section 703.280

 et seq.

c)

 Requirements for trial burn plans.

 The trial burn plan must

include the following information.

 The Agency,

 in reviewing the

trial burn plan,

 shall evaluate the sufficiency of the information

provided and may require the applicant to supplement this

information,

 if necessary, to achieve the purposes of this

subsection.

1)

 An analysis of each feed stream,

 including hazardous waste,

 other fuels,

 and industrial furnace feed stocks,

as

 fired,

that

 includes:

A)

 Heating value,

 levels of antimony,

 arsenic,

 barium,

beryllium,

 cadmium, chromium,

 lead,

 mercury,

 silver,

thallium,

 total chlorine/chloride and ash;

B)

 Viscosity or description of the physical

 form of the

feed stream;

2)

 An analysis of each hazardous waste,

as

 fired,

 including:

A)

 An identification of any hazardous organic

constituents

 listed- in 35

 Ill.

 Ad-rn.

 Code 721.Appendix

H that are present

 in the

 feed- stream,

 except that the

applicant need not analyze for constituents listed

in

App-.-end-ix H whiohthat would reasonably not be expected

to be found- in the hazardous waste.

 The constituents

excluded from analysis must be

 identified

 as the

basis

13

for this exclusion explained.

 The analysis must be

conducted in accordance with analytical techniques

specified in

 Test Methods for the Evaluation of Solid

Waste,

 Physical/Chemical Methods”,

 U.S. EPA

Publication SW—846,

as

 -(-incorporated by reference-,—eee

 at35

 Ill.

 Adin.

 Code 720.111 and Section 703.110,

or

their equivalent..)-

B)

 An approximate quantification of the hazardous

constituents identified

 in the hazardous waste, within

the precision produced by the analytical

 method-s

specified in .Test Methods for the Evaluation of Solid

Waste, Physical/Chemical Methods”,

 incorporated by

reference at 35

 Ill.

 Ad-rn.

 Code 720.111 and Section

703.110, or other equivalent.

C)

 A description of blending procedures,

 if applicable,

prior to firing the hazardous waste,

 including a

detailed analysis of the hazardous waste prior to

blending,

 an analysis of the material with which the

hazardous waste prior to blending,

 an analysis of the

material with which the hazardous waste

 is blended,

and- blending ratios.

3)

 A detailed engineering description of the boiler or

industrial furnace,

 including:

A)

 Manufacturer’s name and model number of the boiler or

industrial furnace;

B)

 Type of boiler or industrial furnace;

C)

 Maximum design capacity

 in appropriate units;

D)

 Description of the Feed system

 for the hazardous

waste,

 and as appropriate,

 other fuels and industrial

furnace feed-stocks;

E)

 Capacity of hazardous waste feed system;

F)

 Description of automatic hazardous waste

 feed cutoff

system(s); and-

G)

 Description of any pollution control

 system;

and

H)

 Description of stack gas monitoring and any pollution

control monitoring systems.

4)

 A detailed description of sampling and monitoring procedures

including sampling

 and- monitoring locations

 in the system,

the equipment to be used,

 sampling

 and- monitoring frequency

and sample analysis.

5)

 A detailed- test schedule for each hazardous waste

 for which

the trial burn

 is planned,

 including date(s),

 duration,

quantity of hazardous waste to be burned,

 and other

 factors

relevant to the Agency’s decision under subsection

 (b)(2),-

above.

6)

 A detailed- test protocol,

 including,

 for each hazardous

waste identified,

 the ranges of hazardous waste feed rate,

and,

 as appropriate, the feed rates of other fuels and

14

industrial furnace feed-stocks,

 and any other relevant

parameters that may affect the ability of the boiler or

industrial furnace to meet the performance standards

in

35

Ill.

 Ad-rn.

Code 726.204 through 726.207.

7)

 A description of and planned operating conditions for any

 emission control

equipment

that will be

 used-.

8)

 Procedures for rapidly stopping

 ;the hazardous waste feed

and controlling emissions in the event of an equipment

malfunction.

9)

 Such other information

 as the Agency

 finds necessary to

determine whether to approve the trial burn plan

 in light of

the purposes of this subsection and the criteria

in

subsection

 (b)(2),- above.

d)

 Trial burn procedures.

1)

 A trial burn must be conducted to demonstrate conformance

with the standards of 35

 Ill.

 Ad-rn. Code 726.104 through

726. 107.

2)

 The Agency shall approve

 a trial burn plan

 if the Agency

finds that:

A)

 The trial burn

 is likely to determine whether the

boiler or industrial furnace can meet the performance

standards of 35

 Ill.

 Ad-rn.

 Code 726.104 through

726. 107.

B)

 The trial burn itself will not present an imminent

hazard to human health

 and- the environment;

C)

 The trial burn will help the Agency to determine

operating requirements to be specified under

35

 Ill.

Adm.

Code 726.102—(e); and

D)

 The information sought in the trial burn cannot

reasonably be developed through other means.

3)

 The applicant shall submit to the Agency

 a certification

that the trial burn has been carried- out

 in accordance with

the approved trial burn plan,

 and submit

 the results of all

the determinations required in subsection

(C)-~

 above.

The

Agency shall,

 in the trial burn plan,

 require that the

submission be made within 90 days after completion of the

trial burn,

 or later if the Agency determines that

a

later

date is acceptable.

4)

 All data collected- during any trial burn must be

submitted

to the Agency following completion of the trial burn.

5)

 All submissions

 required- by this subsection must be

certified on behalf of the applicant by the signature of

a

person authorized to sign

 a permit application

or

 a report

under

35

 Ill.

 Ad-rn.

Code 702.126.

e)

 Special procedures for

DRE

trial burns.

 When a

DRE trial burn is

required under 35 Ill.

 Ad-rn.

Code 726.104, the Agency shall

 specify

(based on the hazardous waste analysis data and other information

in the trial burn plan)

 as trial Principal Organic Hazardous

15

Constituents

 (POHC5)

 those compounds

 for which destruction and

removal efficiencies must be calculated during the trial burn.

These trial POHC5 will be specified by the Agency based on

information including the Agency’s estimate

 of the difficulty of

destroying the constituents identified in the hazardous waste

analysis, their concentrations or mass in the hazardous waste

feed,

 and,

 for hazardous waste containing or derived from wastes

listed

in

35

 Ill.

 Ad-rn.

Code 72l.Subpart

D,

 the hazardous waste

organic constituent(s)

 identified in 35

 Ill.

 Ad-in.

 Code

721.Appendix G as the basis for listing.

f)

 Determinations based on trial burn.

 During each approved trial

burn (or as soon after the burn as

 is practicable),

 the applicant

shall make the following determinations:

1)

 A quantitative analysis of the levels of antimony,

 arsenic,

barium, beryllium,

 cadmium,

 chromium,

 lead,

 mercury,

thallium,

 silver, and chlorine/chloride,

 in the

 feed streams

(hazardous waste,

 other fuels,

 and industrial furnace

feed-stocks);

2)

 When a

DRE

trial burn

 is required under

35

 Ill.

 Ad-rn.

 Code

726.204—(a):

A)

 A quantitative analysis of the trial POHCs

 in the

hazardous waste

 feed-;

B)

 A quantitative analysis of the stack gas

 for the

concentration

 and- mass emissions of the trial POHCs;

and

C)

 A computation

of

 (DRE),

 in accordance with the DRE

formula

 specified- in

35

 Ill.

 Ad-rn.

 Code 726.204—(a).

3)

 When

 a trial burn for chlorinated dioxins and furans

is

required under 35

 Ill.

 Adrn. Code 726.204—(e),

a

quantitative

analysis of the stack gas

 for the concentration and mass

emission rate of the 2-r~3,—7,—8—chlorinatedtetra—octa

congeners of chlorinated dibenzo—p—dioxins and furans,

 and a

computation showing conformance with the emission standard-.

4)

 When a trial burn for PM, metals,

 or HC1/Chlorine gas

is

required under 35

 Ill.

 Ad-in.

Code 726.205,

 726.206—(c) or

(d)

or 726.207—(b)--(2) or

(C),

 a quantitative analysis of the

stack gas for the concentrations and mass emissions

of

PM,

metals,

 or HC1 and chlorine gas and computations showing

conformance with the applicable emission performance

standards;

5)

 When a trial burn for

DRE,

metals, and HC1/Chlorine gas

is

required under 35

 Ill.

 Adrn.

 Code 726.204—(a),

 726.206—(c) or

(d), or 726.207—(b)—(2) or

 (c),

 a quantitative analysis of

the scrubber water

 (if any),

 ash residues,

 other residues,

and products for the purpose of estimating the fate of the

trial POHCs,

 metals,

 and chlorine/chloride;

6)

 An identification of

 sources of fugitive emissions and their

means of control;

7)

 A continuous measurement of carbon monoxide

 (Co),

 oxygen,

and- where required,

 hydrocarbons

 (HC),

 in the stack gas;

and

16

8)

 Such other information as the Agency specifies

 as necessary

to ensure that the trial burn will determine compliance with

the performance standards 35

 Ill.

 Ad-rn.

 Code 726.204 through

726.207 and to establish the operating conditions required

by

35

 Ill.

Adm.

Code 726.204 through 726.207

 and- of

determining adequate operating conditions under

35

 Ill.

Adm.

Code 726.203,

 and to establish the operating conditions

required by 35

 Ill.

 Ad-rn.

 Code 726.202(e)

 as necessary to

meet those performance standards.

g)

 Interim status boilers

 and industrial furnaces,

 for the purpose

of determining feasibility of

 compliance with the performance

standards of 35 Ill.

Adm.

Code 726.204 through 726.207

 and of

determining adequate operating conditions under

35

 Ill.

 Adm.

Code

726.203, applicants owning or operating existing boilers or

industrial furnaces operated under the interim status standards

of

35

 Ill.

 Ad-rn.

 Code 726.203 shall either prepare

 and- submit a trial

burn plan and perform a trial burn in accordance with the

requirements of the Section or submit other information

as

specified in Section 703.208(a)(6).

 Applicants whethat submit a

trial burn plan and receive approval before submission

 of the part

B permit application shall complete the trial burn and submit the

results specified- in subsection

 (f)-,- above-,- with the part

 B permit

application.

 If completion of this process conflicts with the

date set for submission of the part

 B application,

 the applicant

shall contact the Agency to establish

 a later date for submission

of the part B application or the trial burn results.

 If the

applicant submits a trial burn plan with part

 B of the permit

application, the trial burn must be conducted and- the results

 submitted within a time period prior to permit issuance to be

specified by the Agency.

BOARD

NOTE:

 Derived from 40 CFR 270.62

 (1992),

as

 amended- at

58

Fed.

 Req. 46051

 (Aug.

31,

 1993.

(Source:

 Amended- at 18

 Ill.

 Reg.

________

 effective

_______________

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

 HAZARDOUS

WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS

WASTE

MANAGEMENT

SYSTEM:

GENERAL

SUBPART A:

 GENERAL PROVISIONS

Section

720.101

 Purpose,

 Scope and Applicability

720.102

Availability

Information;

Confidentiality

Information

720.103

 Use of

Number

and Gender

SUBPART B:

 DEFINITIONS

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

17

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

72O.Appendix A

 Overview of 40

 CFR,

 Subtitle C Regulations

AUTHORITY:

 Implementing Section 22.4 and

 authorized- by Section

27

 of the

Environmental Protection Act

 (Ill. Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1022.4

and

1027

 (415 ILCS 5/22.4 and 27).

SOURCE:

 Adopted in R81—22,

 43 PCB 427,

at

5

 Ill.

 Reg.

 9781,

 effective as

noted in

35

 Ill.

 Ad-rn.

 Code 700.106;

 amend-ed and codified in R81—22,

 45 PCB

317,

 at 6 Ill.

 Reg. 4828,

 effective as noted in 35

 Ill.

 Ad-rn.

 Code 700.106;

amended in R82—19 at

 7 Ill. Reg.

 14015,

 effective October

12,

 1983;

 amended in

R84—9,

 53 PCB

 131 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—l

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;

 amend-ed in R90—ll 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;

 amend-ed- in R93—4 at

17

 Ill.

 Reg.

 20545,

effective November 22,

 1993;

 amended in R93—16 at

_____

 Ill. Reg.

_________

effective

;

 amended- in R94-7

at

 Ill.

 Req.

effective

SUBPART

B:

 DEFINITIONS

Section 720.111

 References

a)

 The following publications are incorporated by reference:

ANSI.

 Available from the American National Standard-s

 Institute,

1430

 Broad-way, New York, New York

 10018,

 (212)

354—3300:

ANSI

B31.3 and B31.4.

 See ASME/ANSI 531.3

 and B31.4

ACI.

 Available from the American Concrete Institute,

Box

19150, Red-ford Station,

 Detroit, Michigan

 48219:

ACI 318—83:

 “Building Code Requirements for

Reinforced Concrete”, adopted September,

 1983.

API.

 Available from the American Petroleum Institute,

1220

L Street,

 N.W., Washington,

 D.C.

 20005,

 (202)

 682—8000:

18

“Guide for Inspection of Refinery Equipment, Chapter

XIII, Atmospheric and Low Pressure Storage Tanks,” 4th

Edition,

 1981,

 reaffirmed December,

 1987.

“Cathodic Protection of Underground- Petroleum Storage

Tanks and Piping Systems,” API Recommended Practice

1632,

 Second Edition,

 December,

 1987.

“Installation of Underground Petroleum Storage

Systems,”

API

Recommended Practice 1615,

 Fourth

Edition, November,

 1987.

APTI.

 Available from the Air and Waste Management

Association,

 Box 2861,

 Pittsburgh,

PA

 15230,

 (412)

 232-

3444:

APTI

Course 415:

 Control of Gaseous Emissions,

 U.S.

EPA Publication EPA—450/2—81—005,

 December,

 1981.

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—l987,

 as supplemented by 531.3a—1988 and-

B31.3b-1988.

 Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons,

Liquid Petroleum Gas, Anhydrous Ammonia,

 and-

Alcohols”,

ASME/ANSI

531.4—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 C94—90,

 Standard- Specification

 for Ready-Mixed

Concrete, approved March 30,

 1990.

ASTM D88—87,

 Standard Test Method for Saybolt

Viscosity,

 April

24,

 1981, reapproved January,

 1987.

ASTM D93—85,

 Standard Test Methods for Flash Point by

Pensky—Martens Closed- Tester,

 approved October

25,

1985.

ASTM D1946—90,

 Standard Practice for Analysis

of

Reformed- Gas by Gas Chromatography, Approved- March 30,

 1990.

ASTM D216l—87,

 Standard- Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt

Furol Viscosity, March 27,

 1987.

ASTM D2267—88,

 Standard Test Method for Aromatics in

Light Naphthas and Aviation Gasolines by Gas

Chromatography, approved November

17,

 1988.

ASTM D2382—88,

 Standard Test Method for Heat of

Combustion of Hydrocarbon Fuels by Bomb Calorimeter

(High Precision Method-),

 approved October

31,

 1988.

19

ASTM D2879—86, Standard Test Method- for Vapor

Pressure—Temperature Relationship and Initial

Decomposition Temperature of Liquids by Isoteniscope,

approved- October

31,

 1986.

ASTM D3828—87, Standard Test Methods

 for Flash Point

of Liquids by Setaflash Closed Tester,

 approved

December 14,

 1988.

ASTM E168-88,

 Standard Practices

 for General

Techniques of Infrared Quantitative Analysis,

 approved

May 27,

 1988.

ASTM El69—87,

 Standard Practices

 for General

Techniques of Ultraviolet—Visible Quantitative

Analysis, approved February

1,

 1987.

ASTM E260—85,

 Standard Practice for Packed Column Gas

Chromatography, approved June 28,

 1985.

ASTM E926—88 C, Standard Test Methods

 for Preparing

Refuse—Derived Fuel

 (RDF)

Sam~1esfor Analysis of

Metals,

 Bomb—Acid Digestion Method,

 approved March

25,

1988.

ASTM Method G21—70

 (1984a)

——

 Standard- Practice

for

Determining Resistance of Synthetic Polymer Materials

to Fungi

ASTM Method G22—76

 (1984b)

-—

 Standard Practice

for

Determining Resistance of Plastics to Bacteria.

GPO.

 Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington,

 D.C.

 2040-a~2, (202+

—783—3238j:

Standard Industrial Classification Manual

 (1972),

and

1977 Supplement, republished-

 in 1983

“Test Methods for Evaluating Solid- Waste,

 Physical!

Chemical Methods,” U.S. EPA Publication number SW-846

(Third Edition, September 1986).

 as amended by Update

I

 (July 1992)

 (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 Recommend-ed Practice RP0285—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

20

Road, Springfield,

VA

 22161,

 (703)

 487—4600:

“Generic Quality Assurance Project Plan for Land

Disposal Restrictions Program”,

 EPA/530-SW-87-01l,

March

15,

 1987.

 (Document number PB 88—170766.)

“Guidance on Air Quality Models”, Revised 1986.

(Document number P386—245—248

 (Guideline)

 and P388-

150—958 (Supplement)).

“Methods for Chemical Analysis of Water and Wastes”,

Third Edition, March,

 1983.

 (Document number PB 84-

128677).

“Methods Manual for Compliance with BIF Regulations,

December,

 1990.

 (Document number PB91—120—006).

“Petitions to Delist Hazardous Wastes

—-

 A Guidance

Manual”,

 EPA/530—SW—85—003,

 April,

 1985.

 (Document

Number PB 85—194488).

“Procedures Manual for Ground Water Monitoring at

Solid Waste Disposal Facilities”,

 EPA—530/SW-611,

1977.

 (Document number PB 84-174820).

“Screening Procedures for Estimating the Air Quality

Impact of Stationary Sources”, AuguctOctober, 19&&~

(Document nPublication Number PB89—159396)EPA-450/R-

92—019.

“Toot

 Method-c for Evaluating Solid

W.aate, Phyoieal/

Chemical

 Method-c,” EPA Publication number SW-846

‘Second Edition,

1982

 ac wnenaca

198-4)

87—12

and

0291)

Update

“pciato

I

 (April,

•

 (J.locumcnt nuraccr

“Test Methods for Evaluating Solid Wacte,

 Phyoical/

Chemical Methods,” EPA Publication

number SW 846

(Third Editit3n,

 September 1986

 (Document

 nuznbcr

P888—

239~223)

as amend-cd by

Ftcvioion

I

 (Deember 1987)

and

Firi~it~

flnrintr~.

 January,

 198a)

 (Docum?~nt

1~Junibtr

PB8~

148076)).

SrI.

 Available from the Steel Tank Institute,

 728 Anthony

Trail,

 Northbrook,

IL

 60062,

 (312)

 498—1980:

“Standard for Dual Wall Underground Steel Storage

Tanks”

 (1986).

U.S.~EPA. 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.

U.S. EPA.

 Available from U~.S~EPA,Number F-90—WPWF—FFFFF,

Room M2427,

 401 M Street SW,

 Washington,

 D.C.

 20460,

 (202)

475—9327:

,--‘-

 -—

“Test Method 8290:

 Procedures for the Detection

and

21

Measurement of PCDD5 and PCDF5”, EPA/530-SW—91—019

(January,

 1991)

U.S. EPA.

 Available from Receptor Analysis Branch,

 U.S. EPA

(MD—14), Research Triangle Park,

NC

 27711:

“Screening Procedures

 for Estimating the Air Quality

Impact of Stationary Sources. Revised”, October,

 1992k

Publication Number EPA—450/R—92-019.

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

 (1992)

40 CFR 51.100(u)

 (1992)

40 CFR 51,

 Subpart W,

as

 add-ed at

58

 Fed.

 Req.

38822

 (July

20,

 1993)

40 CFR

 60 (199~1)

40 CFR 61,

 Subpart V (199~3)

40 CFR 136 (199~)

40 CFR 142 (199~)

40 CFR 220

 (1992)

40 CFR 260.20

 (1992)

40 CFR 264

 (1992)

40 CFR 268.Appendix

IX

 (1992)

40 CFR 302.4,

 302.5

 and- 302.6

 (1992)

40 CFR

761

 (l99-~3)

c)

 Federal Statutes

Section 3004 of the Resource Conservation

 and- Recovery Act

(42

U.S.C.

 6901 et seq.),

as

 amended- through December

31,

 1987.

d-)

 This Section incorporates no

 later editions or amendments.

(Source:

 Amended at

18

 Ill. Reg.

_________,

 effective

______________________

SUBPART

C:

 RULEMAKING PETITIONS

AND

OTHER PROCEDURES

Section 720.122

 Waste Delisting

a)

 Any person seeking to exclude a waste from a particular generating

facility from the lists

in

35

 Ill.

 Ad-rn.

 Code 721.Subpart D may

file a petition,

as

 specified in subsection

 (n) below.

 The Board

will grant the petition if:

1)

 The petitioner demonstrates that the waste produced by

a

particular generating facility does not meet any of the

22

criteria under which the waste was listed- as

 a hazardous or

acute hazardous waste;

 and-

2)

 If the Board determines that there

is

 a reasonable basis to

believe that factors

 (including additional constituents)

other than those for which the waste was listed could cause

the waste to be a hazardous waste, that such factors do not

warrant retaining the waste as a hazardous waste.

 A Board-

determination under the preceding sentence must be made by

reliance on, and in a manner consistent with,

 “Petitions to

Delist——A Guidance Manual”, incorporated by reference in

Section 720.111.

 A waste whiohthat

 is so excluded,

 however,

still may be

 a hazardous waste by operation of

35

 Ill.

 Ad-rn.

Code 72l.Subpart

C.

b)

 Listed wastes and mixtures.

 A person may also petition the Board

to exclude from 35

 Ill.

 Adrn.

 Code 721.l03(a)(2)(B) or (a)(2)(C),

a

waste whichthat is described- in these Sections and

 is either a

waste

 listed in 35 Ill.

 Ad-rn.

 Code 721.Subpart D,

or

 is derived

from a waste listed in that Subpart.

 This exclusion may only be

granted for a particular generating, storage, treatment or

disposal facility.

 The petitioner shall make the same

demonstration as required by subsection

(a)

 above.

 Where the

waste is

 a mixture of a solid waste and one or more

 listed

hazardous wastes or is derived from one or more listed hazardous

wastes,

 the demonstration must be made with respect to the waste

mixture as

 a whole; analyses must be conducted for not only those

constituents for which the listed waste contained

 in the mixture

was listed as hazardous, but also for factors

 (including

additional constituents)

 that could cause the waste mixture to be

a hazardous waste.

 A waste whiohthat

is

 so excluded may still be

a hazardous waste by operation of 35

 Ill.

 Ad-in.

 Code

 721.Subpart

C.

c)

 Ignitable, corrosive, reactive and toxicity characteristic wastes.

If the waste is listed in codes

 “I”,

 “C”,

 “R’

or

 “E”

in

35

 Ill.

Ad-rn. Code 721.Subpart

D:

1)

 The petitioner shall demonstrate that the waste does not

exhibit the relevant characteristic

 for which the waste was

listed,

 as defined- in 35

 Ill.

 Ad-rn.

 Code 721.121,

 721.122,

721.123 or 721.124,

 using any applicable methods prescribed-

in those Sections.

 The petitioner shall also show that the

waste does not exhibit any of the other characteristics,

defined in those Sections,

 using any applicable methods

prescribed

 in those Sections;

2)

 Based on a complete petition,

 the Board will determine,

if

it has

 a reasonable basis to believe that factors

 (including

additional constituents)

 other than those for which the

waste was listed could cause the waste to be hazardous

waste,

 that such factors do not warrant retaining the waste

as a hazardous waste.

 A Board determination under the

preceding sentence must be made by reliance on,

and

 in a

manner consistent with,

 “Petitions to Delist——A Guidance

Manual”, incorporated- by reference in Section 720.111.

A

waste whiohthat

 is so excluded,

 however, may still be a

hazardous waste by operation of 35

 111.

 Ad-rn.

 Code

721.Subpart

C.

d)

 Toxic waste.

 If the waste is listed in code

 “T” in

35

 Ill.

 Ad-rn.

Code 72l.Subpart D:

23

The

petitioner

 shall demonstrate that the waste:

Does

not

 contain the constituent

 or constituents

(as

defined in 35

 Ill.

 Ad-rn.

Code 721.Append-ix

G)

 that

caused U.S. EPA to list the waste,

 using the

appropriate test methods prescribed

in

35

 Ill.

 Ad-rn.

Code

721.Appcndix C”Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods”, U.S. EPA

Publication SW—846.

incorporated

reference

Section

720.111

Although

containing

one

the

hazardous

constituents

(as

defined-

Ill.

 Ad-rn.

Code

721.Appendix

that

caused

U~S.~EPA

list

the

waste, does not meet the criterion of

Ill.

Adm.

Code 721.111(a) (3) when considering the factors used

in 35

 Ill.

Adm.

Code 721.lll(a)(3)(A) through

(K)

under which the waste was listed as hazardous;

and

2)

 Based on a complete petition, the Board will determine,

if

it has a reasonable basis to believe that factors

 (including

additional constituents)

 other than those for which the

 waste was listed- could cause the waste to be hazardous

waste,

 that Buch factors do not warrant retaining the waste

as a hazardous waste.

3)

 The petitioner shall demonstrate that the waste does not

exhibit any of the characteristics, defined in

35

 Ill.

 Ad-rn.

Code 721.121,

 721.122,

 721.123 or 721.124,

 using any

applicable method-s

 prescribed- in those Sections.

4)

 A waste ~hichthat

 is so excluded, however, may still be a

hazardous waste by operation of

35

 Ill.

 Ad-rn.

Code

721.Subpart C.

e)

 Acute hazardous waste.

 If the waste

 is listed with the code

 “H”

in 35

 Ill.

 Ad-rn.

Code 721.Subpart D:

1)

 The petitioner shall demonstrate that the waste does not

meet the criterion of

35

 Ill.

 Ad-rn.

Code 721.111(a) (2);

and

2)

 Based on a complete petition,

 the Board will determine,

if

it has

 a reasonable basis to believe that factors

 (including

additional constituents)

 other than those for which the

waste was listed could cause the waste to be hazardous

waste,

 that such factors do not warrant retaining the waste

as

 a hazardous waste.

 A Board determination under the

preceding sentence must be made by reliance on,

and

 in a

manner consistent with,

 “Petitions to Delist——A Guidance

Manual”,

 incorporated by reference

 in Section 720.111.

3)

 The petitioner shall demonstrate that the waste does not

exhibit any of the characteristics, defined in

35

Ill.

 Ad-rn.

Code 721.121,

 721.122,

 721.123 or 721.124, using any

applicable method-s prescribed in those Sections.

4)

 A waste whichthat

 is so excluded,

 however, may still be

a

hazardous waste by operation of 35

 Ill.

 Ad-rn. Code

721.Subpart C.

h)

 Demonstration samples must consist of enough representative

samples,

 but in no case less than four samples, taken over a

24

period of time sufficient to represent the variability or the

uniformity of the waste.

i)

 Each petition must include,

 in addition to the information

required- by subsection

(n)

 below:

1)

 The name and address of the laboratory facility performing

the sampling or teats of the waste;

2)

 The names and qualifications of the persons sampling and

testing the waste;

3)

 The dates of sampling and testing;

4)

 The location of the generating

 facility;

5)

 A description of the manufacturing processes or other

 operations and feed materials producing the waste and an

assessment of whether such processes, operations or

 feed-

materials can or might produce

 a waste whichthat

 is not

covered- by the demonstration;

6)

 A description of the waste and an estimate of the average

and maximum monthly and annual quantities of waste covered

by the demonstration;

7)

 Pertinent data on and discussion of the factors delineated-

in the respective criterion for listing

 a hazardous waste,

where the demonstration is based on the factors

in

35

 Ill.

Ad-rn.

 Code 721.111(a) (3);

8)

 A description of the methodologies and equipment

 used- to

obtain the representative samples;

9)

 A description of the sample handling and preparation

techniques,

 including techniques used for extraction,

containerization and preservation of the samples;

10)

 A description of the tests performed

 (including results);

11)

 The names and model number8 of the instruments used

in

performing the tests; and

12)

 The following statement signed by the generator or the

generator’s authorized representative:

I certify under penalty of law that

 I have personally

examined

 and- am familiar with the information

submitted in this demonstration

 and- all attached

documents,

 and that,

 based- on my inquiry of those

individuals immediately responsible for obtaining the

information,

 I believe that the submitted information

is true,

 accurate and complete.

 I am aware that there

are significant penalties for submitting false

information,

 including the possibility of fine and

imprisonment.

 After receiving a petition,

 the Board may request any additional

information whiohthat the Board needs to evaluate the petition.

k)

 An exclusion will only apply to the waste generated at the

individual

 facility covered by the demonstration and will not

25

apply to waste from any other facility.

1)

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

demonstration

 is submitted if the Board- determines that

variability of the waste justifies

 a partial exclusion.

BOARD

NOTE:

 See “Petitions to Delist Hazardous Wastes

A

Guidance Manual”, incorporated by reference

 in Section 720.111.

m)

 Delisting of specific wastes from specific sources whichthat have

been adopted by U~.S.~EPA

 may be proposed- as State regulations

~hiobthat are identical in substance pursuant to Section

720.120(a).

n)

 Delistings whiohthat have not been adopted by U~.S~EPAmay be

proposed to the Board pursuant to

 a petition for adjusted standard

pursuant to 35

 Ill.

 Ad-rn.

Code l06.Subpart G.

 The justification

for the adjusted standard is

 as specified- in subsections

 (a) e~

ccq.through

 (a) above,

 as applicable to the waste in question.

The petition must be clearly labeled as

 a RCRA delisting

 adjusted-

standard petition.

1)

 In accordance with

35

 Ill.

 Ad-rn.

Code 106.710,

 the petitioner

shall serve copies of the petition,

 and any other documents

filed with the Board, on U.S. EPA at the following

addresses:

U.S. EPA

Office of

 Solid- Waste and Emergency Response

Washington,

 D.C. 20460

U.S.

 EPA,

 Region V

230

5.

 Dearborn Street

Chicago,

 IL 60604

2)

 The Board will mail copies of all opinions and orders to

U.S. EPA at the above ad-dresses.

3)

 In conjunction with the normal updating of the RCRA

regulations,

 the Board will maintain,

in

35

 Ill.

 Ad-rn. Code

721.Appendix

I,

 a listing of all adjusted standards granted

by the Board.

 The Agency may determine in

 a permit or

 a letter directed to a

generator that,

 based- on 35

 Ill.

 Ad-rn.

Code 721,

 a waste

 from a

particular source is not subject to these regulations.

 Such a

finding is evidence against the Agency

 in any subsequent

proceedings but shall not be conclusive with reference to other

persons or the Board.

p)

 Any petition to delist directed- to the Board or request

for

determination directed- to the Agency must include

 a showing

that

the waste will be generated or managed

 in Illinois.

q)

 The Board will not grant any petition ~~hiohthatwould render the

Illinois

RCRA program

less stringent than

 if the decision were

made by U.~S.~EPA.

r)

 Delistings apply only within Illinois.

 Generators shall comply

with 35

 Ill.

 Ad-rn. Code 722

 for waste whiohthat

 is hazardous

 in any

state to which

it

 is to be transported-.

26

(Source:

 Amended at

18

 Ill. Reg.

_________,

effective

_____________________

TITLE

35:

 ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL

BOARD

SUBCHAPTER

 HAZARDOUS

WASTE OPERATING REQUIREMENTS

PART

721

IDENTIFICATION

AND

 LISTING OF HAZARDOUS WASTE

SUBPART

 GENERAL PROVISIONS

Sect ion

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

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.Append-ix A

 Representative Sampling Method-s

721.Appendix

B

 Method 1311 Toxicity Characteristic Leaching Procedure

(TCLP)

721.Appendix

C

 Chemical Analysis Test Method-s

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.Append-ix H

 Hazardous Constituents

721.Append-ix

I

 Wastes Excluded under Section 720.120 and 720.122

Table A

 Wastes Excluded from Non—Specific Sources

Table B

 Wastes Excluded- from Specific Sources

Table C

 Wastes Excluded From Commercial Chemical Products,

 Off-

Specification Species, Container Residues,

 and- Soil Residues

Thereof

Table D

 Wastes Excluded- by Adjusted Standard

27

721.Appendix J

 Method- of Analysis for Chlorinated Dibenzo-p—Dioxins and-

 Dibenzofurans

 (Repealed)

721.Appendix

Z

 Table to Section 721.102

AUTHORITY:

 Implementing Section 22.4 and authorized by Section 27 of the

Environmental Protection Act

 (Ill.

 Rev. Stat.

 1991,

 cti. 111½,

 pars.

 1022.4 and

1027

415

 ILCS 5/22.4 and 27).

SOURCE:

 Ad-opted- in RB1—22,

 43 PCB 427, at

5

 Ill. Reg.

 9781,

 effective as

noted in 35 Ill.

 Ad-ru.

Code 700.106;

 amended and codified

 in R81—22,

 45 PCB

317, at

 6 Ill. Reg. 4828,

 effective as noted in 35

 Ill.

 Ad-rn.

 Code 700.106;

amended in R82—18,

 51 PCB 31,

at

7

 Ill.

 Reg. 2518,

 effective February 22,

1983;

 amended in R82—19,

 53 PCB 131,

at

7

 Ill. Reg.

 13999, effective October

12,

 1983; amended in R84—34,

 61 PCB 247, at

 B 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—l9

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;

 amend-ed-

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;

 amend-ed 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—1O 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—ll

at

15

 Ill.

 Reg.

 9332,

 effective June

17,

 1991;

 amend-od

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

 Iii.

 Reg.

 5650,

 effective

March 26,

 1993;

 amended- in R93—4 at

17

 Ill. Reg.

 20568,

 effective November 22,

1993;

 amend-ed in R93—16 at

_____

 Ill. Reg.

_________,

 effective

amended in

R94—7 at

 Ill.

 Req.

 effective

SUBPART C:

 CHARACTERISTICS OF

HAZARDOUS WASTE

Section 721.122

 Characteristic of Corrosivity

a)

 A solid waste exhibits the characteristic of corrosivity if

a

representative sample of the waste has either of the following

properties:

1)

 It is aqueous and has

 a pH less than or equal to 2 or

greater than or equal to 12.5,

 as determined by a pH meter

using cither an EPA toot method or an equivalent toot method

(35

 Ill.

 Ad-rn.

 Code 720.121).

The

EPA

 test methods for

pH

arc

specified

go Method-a 9040,

 9041 or 9045

in

 “Test Methods

for the Evaluation of Solid Waste,

 Physical/Chemical

Methods”,

 incorporated by reference in 35 Ill.

 Ad-rn. Code

720. 111.

2)

It

 is a liquid and corrodes steel

 (SAE

 1020)

at

 a rate

greater than 6.35 mm

 (0.250 inch)

 per year at a test

temperature of

550

 C (130°F)

 as determined by the test

method specified in NACE (National Association of Corrosion

28

Engineers) Standard TM—01—69 as standardized

 in “Test

Methods for the Evaluation of

 Solid- Waste,

 Physical/Chemical

Methods”,

 incorporated by reference in

35

 Ill.

 Ad-rn. Code

720.111, or an equivalent toot method

(35

 Ill.

 Ad-rn. Code

720.121).

BOARD

NOTE:

 The corrosivity characteristic determination

currently does not apply to non—liquid wastes,

 as discussed-

by U.~S~EPA

at

 45 Fed.

 Reg.

 33109, May 19,

 1980 and at

55

Fed.

 Reg. 22549, June

1,

 1990.

b)

 A solid waste that exhibits the characteristic of corrosivity has

the U.S. EPA Hazardous Waste Number of D002.

(Source:

 Amended at 18

 Ill.

 Reg.

_________,

 effective

_____________________

Section 721.124

 Toxicity Characteristic

a)

 A solid waste exhibits the characteristic of toxicity if,

 using

the toot methods described in Appendix

 B or equivalent toot

methods a~orcved

by

the Aacncv under the procedures set

 forth in

Ccctiono

 i..u.120 ang

 i~.u.j..~ipxicjtyCharacteristic Leaching

Procedure

 (TCLP), test Method 1311

 in “Test Methods

 for Evaluating

Solid Waste, Physical/Chemical Methods”,

 U.S. EPA Publication SW-

846,

 as incorporated by reference in

35

 Ill.

 Ad-rn.

 Code 720.111,

the extract from a representative sample of the waste

 contains any

of the contaminants listed in the table in subsection

 (b) below at

a concentration equal to or greater than the respective value

given in that table.

 Where the waste contains less than 0.5

percent filterable solids, the waste itself,

 after filtering using

the methodology outlined in Appendix BMethod 1311,

 is considered

to be the extract for the purpose of this Section.

BOARD

NOTE:

 Cencratoro arc required to uoc the TCLP test

 for the

hacardouo wasto determination under 3S

 Ill.

 Ad-rn.

Code 722.120 as

of September 25,

 1990.

 Provided,

 however,

 that,

as

 epecified at

55 Fed.

 flog.

 11850, March 29,

 1990, small quantity generators of

100 to 1000 kg/ month,

 as defined in 35

 Ill.

 Adrn.

 Code 721.108,

may continue to use the EP toxicity test until March 29,

 1991.

The EP toxicity toot

 is Method 1310 in LW

 B’16,

 “Test Methods for

Evaluating ColidWaotcs,

 Phyoicai/Chcmical Methods”,

 incorooratcd

~y rcrcrcncc in

.i.ii.

 i~wn.upac

~

 me reference to the

“EP toxicity test” in 35

 Ill.

 Ad-rn.

Code 808.410(b)(4)

 is to be

understood

 as referencing the test required by this Section.

b)

 A solid waste that exhibits the characteristic of toxicity has the

U.S. EPA Hazardous Waste Number specified in the following table

whiohthat corresponds to the toxic contaminant causing

 it to be

hazardous.

MAXIMUM

CONCENTRATION OF CONTAMINANTS

FOR THE TOXICITY CHARACTERISTIC

U...S~EPA

Regulatory

Hazardous

CAS

 Level(mg/L)

Waste No.

 Contaminant

 Number

 Note

D004

 Arsenic

 7440—38—2

5.0

D005

 Barium

 7440—39—3

 100.0

D018

 Benzene

 71—43—2

0.5

D006

 Cadmium

 7440—43—9

1.0

29

D019

 Carbon tetra-

 56-23-5

0.5

chloride

D020

 Chlordane

 57-74-9

0.03

D021

 Chlorobenzene

 108—90-7

 100.0

D022

 Chloroform

 67—66—3

6.0

D007

 Chromium

 7440—47—3

5.0

D023

 o—Cresol

 95—48—7

4

 200.0

D024

 m—Cresol

 108—39—4

4

 200.0

D025

 p—Cresol

 106—44—5

4

 200.0

D026

 Cresol

4

 200.0

D016

 2,4—D

 94—75—7

 10.0

D027

 1,4—Dichlorobenzene

 106—46—7

7.5

D028

 1,2—Dichloroethane

 107—06—2

0.5

D029

 1,1—Dichioro—

 75—35—4

0.7

ethylene

D030

 2,4—Dinitrotoluene

 121—14-2

3

 0.13

D012

 Endrin

 72—20-8

 0.02

D031

 Heptachlor

 (and its

 76—44-8

 0.008

epoxide)

D032

 Hexachlorobenzene

 118-74—1

3

 0.13

D033

 Hexachlorobutadiene

 87—68—3

0.5

D034

 Hexachloroethane

 67-72—1

3.0

D008

 Lead

 7439—92—1

5.0

D013

 Lindane

 58—89—9

0.4

D009

 Mercury

 7439—97—6

0.2

D014

 Methoxychlor

 72—43-5

 10.0

D035

 Methyl ethyl ketone

 78—93-3

 200.0

D036

 Nitrobenzene

 98—95-3

2.0

D037

 Pentachiorophenol

 87—86—5

 100.0

D038

 Pyridine

 110—86—1

3

5.0

DOlO

 Selenium

 7782—49—2

1.0

DOll

 Silver

 7440—22—4

5.0

D039

 Tetrachioroethylene

 127—18-4

0.7

0015

 Toxaphene

 8001—35—2

0.5

D040

 Trichloroethylene

 79—01-6

0.5

D041

 2,4,5—Trichloro—

 95—95—4

 400.0

phenol

D042

 2,4,6—Trichloro—

 88—06—2

2.0

phenol

D0l7

 2,4,5—TP (Silvex)

 93—72—1

1.0

D043

 Vinyl chloride

 75—01—4

0.2

Notes to Table:

3

 Quantitation limit

 is greater than the calculated regulatory

level.

 The quantitation limit therefore becomes the

regulatory level.

4

 If o—,

 m—, p—cresol concentrations cannot be differentiated,

the total cresol

 (D026) concentration is used.

The

regulatory level of total cresol

 is 200.0 mg/L.

(Source:

 Amended at 18 Ill.

 Reg.

_________,

effective

______________________

721.Appendix B÷

 Method 1311 Toxicity Characteristic Leaching Procedure

(TCLP)

inc Boaru incorporates by reforcncc

 40 CFR 261,

 ZIppcnd-ix

II,

 as amcndcd

at

57

Fed.

 flog. ~5114—55117, November 24,

 1992 and 58 Fed. Reg.

 6854.

~

 Section

incorportcc

 no future cditiono or modifications.

NOTE:

 The TCLP

 (Method 1311)

 is published- in “Test Methods for Evaluating

30

Solid Waste,

 Physical/Chemical Methods”,

 U.S. EPA Publication SW-846,

as

incorporated by reference in

35

 Ill.

 Ad-rn. Code 720.111.

(Source:

 Amended at 18

 Ill. Reg.

_________,

 effective

_____________________

721.Appendix C÷

 Chemical Analysis Test Methods

NOTE:

 Appropriate analytical procedures to determine whether

 a sample

contains a given toxic constituent are specified in Chapter Two,

 “Choosing the

Correct Procedure”,

 found in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods”, U.S. EPA Publication SW—846,

 as incorporated by

reference in

 35 Ill.

 Ad-rn.

Code 720.111.

 Prior to final sampling and analysis

method selection, the individual should consult the specific section or method

described in SW—846

 for additional guidance on which of the approved methods

should be employed for a specific sample analysis situation.

(Source:

 Amended at

18

 Ill.

 Reg.

effective

721.Appendix

Ji-

Method

Analysis

 for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans

 (Repealed)

The Board incorporateD by reference 40

 QFfl 261, Appendix X

 (1985).

 This rart

nr,r~rr~ni—rit-r~ri

nr~ fu+~tirr~‘,—r~vir~i

r~nr~

~ri

i

I r~n~

—

(Source:

 Repealed at 18

 Ill. Reg.

________,

 effective

_______________

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL

BOARD

SUBCHAPTER

 HAZARDOUS

WASTE OPERATING REQUIREMENTS

PART 724

STANDARDS

FOR

OWNERS

AND

OPERATORS OF HAZARDOUS WASTE

TREATMENT,

STORAGE

 AND DISPOSAL FACILITIES

SUBPART A:

 GENERAL PROVISIONS

Section

724.101

 Purpose,

 Scope and Applicability

724.103

 Relationship to Interim Status Standards

SUBPART B:

 GENERAL FACILITY STANDARDS

Section

724.110

 Applicability

724.111

 Identification Number

724.112

 Required Notices

724.113

 General Waste Analysis

724.114

 Security

724.115

 General Inspection Requirements

724.116

 Personnel Training

724.117

 General Requirements for Ignitable, Reactive or Incompatible

Wastes

724.118

 Location Standard-s

724.119

 Construction Quality Assurance Program

SUBPART C:

 PREPAREDNESS AND

PREVENTION

Section

724.130

 Applicability

31

724.131

 Design and Operation of Facility

724.132

 Required Equipment

724.133

 Testing and Maintenance

 of Equipment

724.134

 Access to Communications or Alarm System

724.135

 Required Aisle Space

724.137

 Arrangements with Local Authorities

SUBPART

 CONTINGENCY

PLAN AND

EMERGENCY

PROCEDURES

Section

724.150

Applicability

724.151

 Purpose and Implementation of Contingency Plan

724.152

 Content of Contingency Plan

724.153

 Copies of Contingency Plan

724.154

 Amendment of Contingency Plan

724.155

 Emergency Coordinator

724.156

 Emergency Procedures

SUBPART

B:

 MANIFEST SYSTEM, RECORDKEEPING

AND

REPORTING

Section

724.170

 Applicability

724.171

 Use of Manifest System

724.172

 Manifest Discrepancies

724.173

 Operating Record

724.174

 Availability,

 Retention and- Disposition

 of Records

724.175

 Annual Report

724.176

 Unmanifested Waste Report

 724.177

 Additional Reports

SUBPART F:

 RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724. 190

 Applicability

724.191

 Required Programs

724.192

 Ground-water Protection Standard

724.193

 Hazardous Constituents

724.194

 Concentration

Limits

724.195

 Point of Compliance

724.196

 Compliance Period

724.197

 General Groundwater Monitoring Requirements

724.198

 Detection Monitoring Program

724.199

 Compliance Monitoring Program

724.200

 Corrective Action Program

724.201

 Corrective Action for

 Solid- Waste Management Units

SUBPART

CLOSURE

AND

POST-CLOSURE

Section

724.210

 Applicability

724.211

 Closure Performance Standard-

724.212

 Closure Plan; Amendment of Plan

724.213

 Closure; Time Allowed For Closure

724.214

 Disposal or Decontamination of Equipment, Structures

 and Soils

724.215

 Certification of Closure

724.216

 Survey Plat

724.217

 Post—closure Care and Use of Property

724.218

 Post—closure Plan; Amendment of Plan

724.219

 Post—closure Notices

724.220

 Certification of Completion of Post—closure Care

SUBPART H:

 FINANCIAL REQUIREMENTS

 Section

724.240

 Applicability

724.241

 Definitions of Terms As Used-

 In This Subpart

724.242

 Cost Estimate for Closure

32

724.243

 Financial Assurance for Closure

724.244

 Cost Estimate for Post—closure Care

724.245

 Financial Assurance for Post—closure Care

724.246

 Use of a Mechanism for Financial Assurance of Both Closure and

Post—closure Care

724.247

 Liability Requirements

724.248

 Incapacity of Owners or Operators, Guarantors or Financial

Institutions

724.251

 Wording of the Instruments

SUBPART

I:

 USE AND

MANAGEMENT

OF CONTAINERS

Section

724.270

 Applicability

724.271

 Condition of Containers

724.272

 Compatibility of Waste With Container

724.273

 Management of Containers

724.274

 Inspections

724.275

 Containment

724.276

 Special Requirements for Ignitable or Reactive Waste

724.277

 Special Requirements for Incompatible Wastes

724.278

 Closure

SUBPART J:

 TANK

SYSTEMS

Section

724.290

 Applicability

724.291

 Assessment of Existing Tank System’s Integrity

724.292

 Design and Installation of New Tank Systems or Components

 724.293

 Containment and Detection of Releases

724.294

 General Operating Requirements

724.295

 Inspections

724.296

 Response to Leaks or Spills and Disposition of Leaking or unf

it-

for—use Tank Systems

724.297

 Closure and Post-Closure Care

724298

 Special Requirements for Ignitable or Reactive Waste

724.299

 Special Requirements for Incompatible Wastes

724.300

Special

Requirements

for

Hazardous

Wastes

F020,

F021,

F022,

F023,

F026 and F027

SUBPART

SURFACE

IMPOUNDMENTS

Section

724.320

 Applicability

724.321

 Design and Operating Requirements

724.322

 Action Leakage Rate

724.324

 Response Actions

724.326

 Monitoring

 and- Inspection

724.327

 Emergency Repairs; Contingency Plans

724.328

 Closure

 and- Post—closure Care

724.329

 Special Requirements

 for Ignitable or Reactive Waste

724.330

 Special Requirements

 for Incompatible Wastes

724.331

 Special Requirements

 for Hazardous Wastes F020,

 F021,

 F022,

 F023,

FO26 and F027

SUBPART

WASTE

PILES

Section

724.350

 Applicability

724.351

 Design and Operating Requirements

724.352

 Action Leakage Rate

724.353

 Response Action Plan

724.354

 Monitoring

 and- Inspection

724.356

 Special Requirements

 for Ignitable or Reactive Waste

724.357

 Special Requirements for Incompatible Wastes

724.358

 Closure and Post-closure Care

33

724.359

 Special Requirements for Hazardous Wastes F020,

 F021,

 F022,

 F023,

F026 and F027

SUBPART M:

 LAND TREATMENT

Section

724.370

 Applicability

724.371

 Treatment Program

724.372

 Treatment Demonstration

724.373

 DeBign and Operating Requirements

724.376

 Food—chain Crops

724.378

 Unsaturated Zone Monitoring

724.379

 Recordkeeping

724.380

 Closure and Post—closure Care

724.381

 Special Requirements for Ignitable or Reactive Waste

724.382

 Special Requirements for Incompatible Wastes

724.383

 Special Requirements for Hazardous Wastes F020,

 F02l,

 F022,

 F023,

FO26 and F027

SUBPART

N:

 LANDFILLS

Section

724.400

 Applicability

724.401

 Design and Operating Requirements

 724.402

 Action Leakage Rate

724.403

 Monitoring and Inspection

724.404

 Response Actions

724.409

 Surveying and Record-keeping

724.410

 Closure and Post—closure Care

724.412

 Special Requirements for Ignitable or Reactive Waste

724.413

 Special Requirements for Incompatible Wastes

724.414

 Special Requirements for Bulk and Containerized Liquids

724.415

 Special Requirements for Containers

724.416

 Disposal of Small Containers of Hazardous Waste

 in Overpacked

Drums

(Lab Packs)

724.417

 Special Requirements for Hazardous Wastes

F020,

 F021,

 F022,

 F023,

F026

and

FO27

SUBPART

0:

 INCINERATORS

Section

724.440

 Applicability

724.441

 Waste Analysis

724.442

 Principal Organic Hazardous Constituents

 (POHCs)

724.443

 Performance Standards

724.444

 Hazardous Waste Incinerator Permits

724.445

 Operating Requirements

724.447

 Monitoring and Inspections

724.451

 Closure

SUBPART

5:

 CORRECTIVE

ACTION FOR SOLID WASTE

MANAGEMENT

 UNITS

Section

724.652

 Corrective Action Management Units

724.653

 Temporary Units

SUBPART

DRIP

 PADS

Section

724.670

 Applicability

724.671

 Assessment of existing drip pad integrity

724.672

 Design and installation

 of new drip

 pad-s

724.673

 Design and operating requirements

724.674

 Inspections

724.675

 Closure

SUBPART

X:

 MISCELLANEOUS UNITS

34

Section

724. 700

 Applicability

724.701

 Environmental Performance Standards

724.702

 Monitoring, Analysis,

 Inspection, Response,

 Reporting and

Corrective Action

724.703

 Post-closure Care

SUBPART AA:

 AIR EMISSION

STANDARDS

FOR PROCESS VENTS

Section

724.930

 Applicability

724.931

 Definitions

724.932

 Standards:

 Process Vents

724.933

 Standards:

 Closed—vent Systems and Control Devices

724.934

 Test methods and procedures

724.935

 Record-keeping requirements

724.936

 Reporting Requirements

SUBPART BB:

 AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950

 Applicability

724.951

 Definitions

724.952

 Standards:

 Pumps in Light Liquid Service

 724.953

 Standards:

 Compressors

724.954

 Standards:

 Pressure Relief Devices in Gas/Vapor Service

724.955

 Standards:

 Sampling Connecting Systems

724.956

 Standards:

 Open-ended Valves or Lines

724.957

 Standards:

 Valves in Gas/Vapor or Light Liquid Service

724.958

 Standards:

 Pumps, Valves, Pressure Relief Devices and Other

Connectors

724.959

 Standards:

 Delay of Repair

724.960

 Standards:

 Closed-vent Systems

 and- Control Devices

724.961

 Alternative Percentage Standard for Valves

724.962

 Skip Period Alternative for Valves

724.963

 Test Methods

 and- Procedures

724.964

 Record-keeping Requirements

724.965

 Reporting Requirements

SUBPART DD:

 CONTAINMENT BUILDINGS

Section

724.1100

 Applicability

724.1101

 Design and operating standards

724.1102

 Closure and post—closure care

724.Appendix A

 Record-keeping Instructions

724.Append-ix B

 EPA Report Form and Instructions

 (Repealed)

724.Appendix

D

 Cochran’s Approximation to the Behrens-Fisher Student’s T-

Test

724.Append-ix B

 Examples of Potentially Incompatible Waste

724.Appendix

I

 Groundwater Monitoring List

AUTHORITY:

 Implementing Section 22.4 and authorized by Section 27

 of the

Environmental Protection Act

 (Ill.

 Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1022.4

and

1027

 (415 ILCS 5/22.4 and 27).

SOURCE:

 Adopted- in R82—19,

 53 PCB 131,

at

7

 Ill.

 Reg.

 14059, effective

October

12,

 1983;

 amended

 in R84—9

 at 9

 Ill.

 Reg.

 11964, effective July

24,

1985;

 amended in R85—22 at 10 Ill.

 Reg.

 1136,

 effective January

2,

 1986;

amended in R86—1

 at 10 Ill. Reg.

 14119, effective August

12,

 1986;

 amended

in

R86—28 at 11

 Ill. Reg.

 6138,

 effective March 24,

 1987;

 amended

in

R86-28 at

11

Ill. Reg.

 8684, effective April

21,

 1987;

 amend-ed in R86—46 at

11

 Ill.

 Roy.

13577, effective August

4,

 1987; amended in R87—5

at

11

 Ill.

 Reg.

 19397,

35

effective

November

12,

 1987; amended in R87—39 at

12

 Ill. Reg.

 13135,

effective July 29,

 1988;

 amended

 in R88—l6

at

13

 Ill. Roy.

 458,

 effective

December 28,

 1988;

 amended in R89—1 at 13

 Ill.

 Reg.

 18527,

 effective November

13,

 1989;

 amended in R90—2 at

14

 Ill. Reg.

 14511, effective August 22,

 1990;

amended in R90—10 at

 14 Ill.

 Reg.

 16658,

 effective September 25,

 1990;

 amended

in R90—11 at

15

 Ill.

 Reg. 9654, effective June

17,

 1991;

 amended-

 in R91—1

at

Ill.

Reg.

14572,

effective

October

1991;

amended

R91—13

Ill.

Reg. 9833,

 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.

 5806,

 effective

March 26,

 1993;

 amended in R93—4

at

17

 Ill. Reg. 20830,

 effective November

22,

1993;

 amended in R93—16

at

_____

 Ill.

 Reg.

_________,

 effective

;

 amended- in R94—7 at

 Ill.

 Rep.

 effective

SUBPART

 TANK

SYSTEMS

Section 724.290

 Applicability

The requirements of this Subpart apply to owners and operators of facilities

that use tank systems for storing or treating hazardous waste,

 except as

otherwise provided- in subsections

 (a),

(b)

or

 (c) below or

 in Section 724.101.

a)

 Tank systems that are used- to store or treat hazardous waste

whichthat contains no free liquids and are situated

 inside

a

building with an impermeable floor are exempted from the

requirements

 in Section 724.293.

 To demonstrate the absence or

presence of free liquids in the stored or treated waste,

 Ui.~

following test must be used-:

 U.S. EPA Method 9095

 (Paint Filter

Liquids Test)~as described in “Test Methods

 for Evaluating Solid

Wastes Physical/Chemical Methods” U.S. EPA Publication

No.

SW—846),

 incorporated by reference in 35

 Ill. Adm. Code 720.111,-

must be used.

b)

 Tank systems,

 including Bumps,

 are defined-

 in 35

 Ill.

 Ad-rn. Code

720.110,

 that serve as part of

 a secondary containment system to

collect or contain releases of hazardous wastes are exempted- from

the requirements

 in Section 724.293(a).

c)

 Tanks,

 sumps and other such collection devices or

 systems used

in

conjunction with drip pads,

 as defined in

35

 Ill.

 Ad-rn. Code

720.110

 and- regulated under Subpart W of this Part, must meet the

requirements of this Subpart.

(Source:

 Amended at

18

 Ill. Reg.

_________,

 effective

_____________________

SUBPART N:

 LANDFILLS

Section 724.414

 Special Requirements for Bulk and Containerized Liquids

a)

 This subsection corresponds with 40 CFR 264.314(a),

which pertains

to pre May

8,

 1985 actions,

 a date long since passed.

 This

statement

maintains

structural

consistency

with

U.!..S.~EPA rules.

b)

 The placement of bulk or non-containerized liquid hazardous waste

or hazardous waste containing free

 liquids (whether or not

sorbents have been

 add-ed-)

 in any landfill

 is prohibited.

c)

 To demonstrate the absence or presence of

 free liquids in

either a

containerized- or a bulk waste,

 the following test must be

 used-:

Method

9095

(Paint

Filter

Liquids

Test)

 described in “Test

36

Methods for Evaluating Solid Wastes, Physical/Chemical Methods--”~

-(-U.S.

 EPA Publication No.

 SW—846,

 incorporated by reference in

35

Ill.

 Ad-rn.

Code 721.111.

d)

 Containers holding free liquids must not be placed

in

 a landfill

unless;

1)

 All free—standing liquid:

A)

 has been removed by decanting or other methods;

B)

 has been mixed with sorbent or solidified so that

free—standing liquid-

 is no longer observed-;

or

C)

 has been otherwise eliminated;

or

2)

 The container is very small, such as an ampule;

or

3)

 The container is designed to hold free

 liquids

 for use other

than storage, such as a battery or capacitor; or

4)

 The container

 is a lab pack as defined in Section 724.416

and is disposed of in accordance with Section

 724.416.

e)

 Sorbents used to treat free liquids to be disposed of

 in landfills

must be nonbiodegradable.

 Nonbiodegradable sorbents are:

materials listed or described in subsection

 (e)(1) below;

materials that pass one of the tests in subsection (e)(2)

 below;

or materials that are determined by the Board to be

nonbiodegradable through the 35

 Ill.

 Ad-rn.

Code 106 adjusted

 standard process.

1)

 Nonbiodegradable sorbents

 are:

A)

 Inorganic minerals, other inorganic materials,

and

elemental carbon (e.g.,

 aluminosilicates,

 clays,

smectites, Fuller’s earth, bentonite,

 calcium

bentonite, montmorillonite, calcined montmorillonite,

kaolinite, micas

 (illite), vermiculites,

 zeolites;

calcium carbonate (organic free limestone);

 oxides!

hydroxides,

 alumina,

 lime,

 silica

 (sand),

 diatomaceous

earth;

 perlite

 (volcanic glass); expanded volcanic

rock;

 volcanic ash; cement kiln dust;

 fly ash; rice

hull ash; activated charcoal

 (activated carbon)); or

B)

 High molecular weight synthetic polymers

 (e.g.,

polyethylene, high density polyethylene

 (HDPE),

polypropylene,

 polystrene, poly urethane,

 polycrylate,

polynorborene, polyisobutylene, ground synthetic

rubber,

 cross—linked allylstrene and tertiary butyl

copolymers).

 This does not include polymers derived-

from biological material or polymers specifically

designed to be degradable;

or

C)

 Mixtures of these nonbiodegradable materials.

2)

 Tests for nonbiodegradable sorbents:

A)

 The sorbent material

 is determined to be

nonbiodegradable under ASTM Method G21-70

 (1984a)--

~Stand-ardPractice for Determining Resistance of

Synthetic Polymer Materials to Fungi”,

 incorporated by

37

reference

 in 35

 Ill.

 Ad-rn.

 Code 721.111 or

B)

 The sorbent material

 is determined to be

nonbiodegradable under ASTM Method G22-76

 (1984b)--

.Standard Practice for Determining Resistance

of

Plastics to Bacteria”,

 incorporated by reference

 in 35

Ill.

 Ad-rn.

 Code 721.111.

f)

 The placement of any liquide whichthat

 is not

 a hazardous waste

in

a landfill

 is prohibited

(35

 Ill.

 Ad-rn.

Code 729.311).

(Source:

 Amended at

18

 Ill. Reg.

_________,

 effective

_________________

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

c:

 HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM

STATUS

STANDARDS

FOR

OWNERS

AND

OPERATORS

HAZARDOUS

WASTE

TREATMENT,

STORAGE

AND

 DISPOSAL FACILITIES

SUBPART A:

 GENERAL

PROVISIONS

Section

725.101

 Purpose, Scope

 and- Applicability

725.104

 Imminent Hazard Action

SUBPART

B:

 GENERAL

FACILITY

STANDARDS

Section

725.110

 Applicability

725.111

 USEPA Identification Number

725.112

 Required Notices

725.113

 General Waste Analysis

725.114

 Security

725.115

 General Inspection Requirements

725.116

 Personnel Training

725.117

 General Requirements for Ignitable, Reactive or

 Incompatible

Wastes

725.118

 Location Standards

725.119

 Construction Quality Assurance Program

SUBPART

C:

 PREPAREDNESS AND PREVENTION

Section

725.130

 Applicability

725.131

 Maintenance and Operation of Facility

725.132

 Required- Equipment

725.133

 Testing and Maintenance of Equipment

725.134

 Access to Communications or Alarm System

725.135

 Required Aisle Space

725.137

 Arrangements with Local Authorities

SUBPART D:

 CONTINGENCY

PLAN AND

EMERGENCY PROCEDURES

Section

725.150

 Applicability

725.151

 Purpose

 and- Implementation of Contingency Plan

725.152

 Content of Contingency Plan

725.153

 Copies of Contingency Plan

725.154

 Amendment of Contingency Plan

725.155

 Emergency Coordinator

725.156

 Emergency Procedures

38

SUBPART E:

 MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section

725.170

 Applicability

725.171

 Use of Manifest System

725.172

 Manifest Discrepancies

725.173

 Operating Record

725.174

 Availability, Retention and Disposition of Records

725.175

 Annual Report

725.176

 Unnianifested Waste Report

725.177

 Additional Reports

SUBPART F:

 GROUNDWATER MONITORING

Section

725. 190

 Applicability

725.191

 Groundwater Monitoring System

725.192

 Sampling and Analysis

725.193

 Preparation,

 Evaluation and Response

725.194

 Recordkeeping and Reporting

SUBPART G:

 CLOSURE AND POST-CLOSURE

Section

725.210

 Applicability

725.211

 Closure Performance Standard

725.212

 Closure Plan; Amendment of Plan

725.213

 Closure; Time Allowed for Closure

725.214

 DispoBal or Decontamination of Equipment, Structures and Soils

725.215

 Certification

 of Closure

725.216

 Survey Plat

725.217

 Post—closure Care and Use of Property

725.218

 Post—closure Plan; Amendment of Plan

725.219

 Post—Closure Notices

725.220

 Certification of Completion of Post—Closure Care

SUBPART

FINANCIAL

REQUIREMENTS

Section

725.240

 Applicability

725.241

 Definitions of Terms as Used in this Subpart

725.242

 Cost Estimate for Closure

725.243

 Financial Assurance for Closure

725.244

 Cost Estimate for Post-closure Care

725.245

 Financial Assurance for Post—closure Monitoring and Maintenance

725.246

 Use of a Mechanism for Financial Assurance of Both Closure and

Post—closure Care

725.247

 Liability Requirements

725.248

 Incapacity of Owners or Operators, Guarantors or Financial

Institutions

725.251

 Promulgation of Forms

 (Repealed-)

SUBPART

I:

USE

AND

MANAGEMENT OF CONTAINERS

Section

725.270

 Applicability

725.271

 Condition of Containers

725.272

 Compatibility of Waste with Container

725.273

 Management of Containers

725.274

 Inspections

725.276

 Special Requirements for Ignitable or Reactive Waste

725.277

 Special Requirements for Incompatible Wastes

SUBPART

J:

 TANK SYSTEMS

Section

725.290

 Applicability

725.291

 Assessment of Existing Tank System’s Integrity

725.292

 Design

 and- Installation of New Tank Systems or Components

725.293

 Containment and Detection of Releases

725.294

General

Operating

Requirements

725.295

Inspections

725.296

 Response to leaks or spills and disposition of Tank Systems

725.297

Closure

and

Post—Closure

Care

725.298

Special

Requirements

for

Ignitable

Reactive

Waste

725.299

 Special Requirements for Incompatible Wastes

725.300

 Waste Analysis and Trial Tests

725.301

 Generators of 100 to 1000 kg/mo.

SUBPART K:

 SURFACE IMPOUNDMENTS

Section

725.320

Applicability

725.321

Design

and

Operating

Requirements

725.322

Action

Leakage

Rate

725.323

 Response Actions

725.324

 Containment System

725.325

 Waste Analysis

 and- Trial Tests

725.326

Monitoring

and

Inspections

725.328

Closure

and

Post—Closure

Care

725.329

 Special Requirements for Ignitable or Reactive Waste

 725.330

 Special Requirements for Incompatible Wastes

SUBPART L:

 WASTE PILES

Section

725.350

 Applicability

725.351

 Protection from Wind

725.352

 Waste Analysis

725.353

 Containment

725.354

 Design and Operating Requirements

725.355

 Action Leakage Rates

725.356

 Special Requirements for Ignitable or Reactive Waste

725.357

 Special Requirements for Incompatible Wastes

725.358

Closure

and

Post-Closure

Care

725.359

Response

Actions

725.360

 Monitoring and Inspection

SUBPART M:

 LAND TREATMENT

Section

725.370

Applicability

725.372

General

Operating

Requirements

725.373

 Waste Analysis

725.376

Food

Chain

Crops

725. 378

 Unsaturated Zone (Zone of Aeration) Monitoring

725.379

Record-keeping

725.380

Closure

and

Post—closure

725.381

Special

Requirements

for

Ignitable

Reactive

Waste

725.382

 Special Requirements for Incompatible Wastes

SUBPART N:

 LANDFILLS

Section

725.400

 Applicability

725.401

Design

Requirements

725.402

 Action Leakage Rate

725.403

Response

Actions

725.404

Monitoring

and

Inspection

725.409

 Surveying and Record-keeping

725.410

 Closure and Post—Closure

725.412

 Special Requirements for Ignitable or Reactive Waste

725.413

 Special Requirements for Incompatible Wastes

725.414

Special

Requirements

 for Liquid Wastes

40

725.415

 Special Requirements for Containers

725.416

 Disposal of Small Containers

 of Hazardous Waste

 in Overpacked-

Drums

 (Lab Packs)

SUBPART 0:

 INCINERATORS

Section

725.440

 Applicability

725.441

 Waste Analysis

725.445

 General Operating Requirements

725.447

 Monitoring and Inspection

725.451

 Closure

725.452

 Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P:

 THERMAL TREATMENT

Section

725.470

 Other Thermal

Treatment

725.473

 General Operating Requirements

725.475

 Waste Analysis

725.477

 Monitoring and Inspections

725.481

 Closure

725.482

 Open

Burning; Waste Explosives

725.483

 Interim Status Thermal Treatment Devices Burning Particular

Hazardous Waste

SUBPART

 CHEMICAL, PHYSICAL

AND

BIOLOGICAL TREATMENT

Sect ion

725.500

 Applicability

725.501

 General Operating Requirements

725.502

 Waste Analysis and Trial Tests

725.503

 Inspections

725.504

 Closure

725.505

 Special Requirements for Ignitable or Reactive Waste

725.506

 Special Requirements for Incompatible Wastes

SUBPART R:

 UNDERGROUND INJECTION

Section

725.530

 Applicability

SUBPART W:

 DRIP PADS

Section

725.540

 Applicability

725.541

 Assessment of existing drip pad integrity

725.542

 Design and installation of new drip pads

725.543

 Design and operating requirements

725. 544

 Inspections

725.545

 Closure

SUBPART AA:

 AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

725.930

 Applicability

725.931

 Definitions

725.932

 Standards:

 Process Vents

725.933

 Standards:

 Closed—vent Systems and Control Devices

725.934

 Test methods and procedures

725.935

 Record-keeping Requirements

SUBPART BB:

 AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

 Section

725.950

 Applicability

725.951

 Definitions

725.952

 Standards:

 Pumps in Light Liquid Service

725.953

 Standards:

 Compressors

41

725.954

 Standards:

 Pressure Relief Devices

 in Gas/Vapor Service

725.955

 Standards:

 Sampling Connecting Systems

725.956

 Standards:

 Open—ended- Valves or Lines

725.957

 Standards:

 Valves in Gas/Vapor or Light Liquid Service

725.958

 Standards:

 Pumps,

 Valves, Pressure Relief Devices,

 Flanges and

Other Connectors

725.959

 Standards:

 Delay of Repair

725.960

 Standards:

 Closed—vent Systems and Control Devices

725.961

 Percent Leakage Alternative for Valves

725.962

 Skip Period Alternative for Valves

725.963

 Test Methods and Procedures

725.964

 Record-keeping Requirements

SUBPART DD:

 CONTAINMENT BUILDINGS

Section

725.1100

 Applicability

725.1101

 Design

 and- operating standards

725.1102

 Closure and post—closure care

725.Append-ix A

 Record-keeping Instructions

725.Append-ix B

 EPA Report Form and Instructions

 (Repealed)

725.Append-ix

C

 EPA Interim Primary Drinking Water Standards

 725.Appendix D

 Tests for Significance

725.Appendix E

 Examples of Potentially Incompatible Waste

AUTHORITY:

 Implementing Section 22.4 and authorized by Section 27

 of the

Environmental Protection Act

 (Ill.

 Rev. Stat.

 1991,

ch.

 111½,

 pars.

 1022.4 and

1027

 (415 ILCS 5/22.4 and 27).

SOURCE:

 Adopted in R81—22,

 43 PCB 427,

at

5

 Ill.

 Roy. 9781,

 effective as

noted in

35

 Ill.

 Ad-rn. Code 700.106; amended and codified- in R81-22,

 45 PCB

317,

at

6

 Ill.

 Reg. 4828,

 effective as noted in

35

 Ill.

 Adm. Code 700.106;

amended in R82—18,

 51 PCB 831,

at

7

 Ill.

 Rey. 2518,

 effective February

22,

1983;

 amended in R82—19,

 53 PCB 131,

at

7

 Ill. Reg.

 14034, effective October

12,

 1983;

 amended in R84—9,

at

 9 Ill. Reg.

 11869, effective July

24,

 1985;

amended in R85—22

at

10

 Ill.

 Reg.

 1085,

 effective January

2,

 1986;

 amended

in

R86—1 at

10

 Ill. Reg.

 14069, effective August 12,

 1986;

 amend-ed- in R86-28

at

11 Ill.

 Rey.

 6044, effective March 24,

 1987; amended in R86—46

at

 11 Ill.

 Roy.

13489, effective August

4,

 1987;

 amend-ed in R87—5 at

11

 Ill.

 Reg.

 19338,

effective November 10,

 1987; amended in R87—26

at

12

 Ill. Reg.

 2485,

 effective

January 15,

 1988;

 amended- in R87—39 at

12

 Ill.

 Roy.

 13027, effective July

29,

1988;

 amended in R88—16 at

13

 Ill.

 Reg.

 437, effective December

28,

 1988;

amend-ed in R89—1 at

13

 Ill. Reg.

 18354, effective November

13,

 1989;

 amended

in R90—2 at 14

 Ill.

 Roy.

 14447, effective August

22,

 1990; amended

 in R90-lO

at 14

 Ill. Reg.

 16498, effective September 25,

 1990;

 amended

 in R90-11 at

15

Ill. Reg. 9398,

 effective June

17,

 1991;

 amended in R91—1 at

15

 Ill.

Hey.

14534,

 effective October

1,

 1991;

 amended- in R91—13

at

16

 Ill.

 Reg.

 9578,

effective June

9,

 1992;

 amended in R92—l at 16

 Ill. Reg.

 17672,

 effective

November

6,

 1992; amended in R92—10 at

17

 Ill. Hey.

 5681,

 effective March 26,

1993;

 amended

 in R93—4 at

17

 Ill.

 Reg. 20620, effective November

22,

 1993;

amended in R93-16 at

_____

 Ill. Roy.

________,

 effective

amend-ed- in R94—7 at

 Ill.

 Req.

 effective

SUBPART J:

 TANK SYSTEMS

Section 725.290

 Applicability

The regulations of this Subpart apply to owners and operators of facilities

that use tank systems for storing or treating hazardous waste,

 except as

otherwise provided in subsections

 (a),

(b)

or

(C)

 below, or

 in Section

725. 101.

a)

 Tank systems that are used to store or treat hazardous waste

whichthat contains no free liquids

 and- that are situated- inside a

building with an impermeable floor are exempted from the

requirements in Section 725.293.

 To demonstrate the absence or

presence of free liquids in the stored/. or treated waste,

the

following test must be used:

 U.S. EPA Method- 9095

 (Paint Filter

Liquids Test).~as described in “Test Methods for Evaluating Solid

 Wastes,

 Physical/Chemical Methods”~+U.S. EPA Publication No.

SW—846),

 incorporated by reference in 35

 Ill.

 Ad-rn. Code

 720.111,-

must

used.

b)

 Tank systems,

 including sumps,

 as defined in

35

 Ill.

Adm.

Code

720.110, that serve as part of a secondary containrnent

 system to

collect or contain releases of hazardous wastes are exempted- from

the requirements in Section 725.293(a).

c)

 Tanks,

 surnps

and other collection devices used in conjunction with

drip pads,

 as defined in 35

 Ill.

 Ad-rn.

 Code 720.110 and regulated

under Subpart W of this Part,

 must meet the requirements

 of this

Subpart.

(Source:

 Amended at

18

 Ill.

 Hey.

_________,

 effective

_____________________

SUBPART N:

 LANDFILLS

Section 725.414

 Special Requirements for Liquid Wastes

a)

 This subsection corresponds with 40 CFR 265.314(a), which pertains

to the placement of bulk or non—containerized- liquid waste or

waste containing free liquids in a landfill prior to May

8,

 1985.

This statement maintains structural consistency with U.~S~EPA

rules.

b)

 The placement of bulk or non—containerized liquid hazardous waste

 or hazardous waste containing free liquids

 (whether

or

not

sorbents have been added-)

 in any landfill is prohibited-.

c)

 Containers holding free liquids must not be placed

in

 a landfill

unless;

1)

 All free-standing liquid:

A)

 has been removed by decanting or other methods;

B)

 has been mixed with sorbent or solidified

 so that

free—standing liquid

 is no longer observed;

or

C)

 has been otherwise eliminated; or

2)

 The container

 is very small,

 such as an ampule;

or

3)

 The container

 is designed to hold free liquids for use other

than storage,

 such as

 a battery or capacitor;

or

4)

 The container

is

 a lab pack as defined- in Section 724.416

and

 is disposed

of

 in accordance with Section 724.416.

d)

 To demonstrate the absence or presence of free

 liquids

 in either

a

43

containerized- or a bulk waste, the following test must be used:

Method 9095

 (Paint Filter Liquids Test)~.as described in “Test

Methods for Evaluating Solid Wastes,

 Physical/Chemical

 Methods-.-”.~~

1-U.S. EPA Publication No. SW—846,

 incorporated by reference in

35

 Ill.

 Ad-rn.

 Code 721.111.

e)

 The placement of any liquids whiohthat is

not

 a hazardous waste

in

a landfill

 is prohibited

 (35 Ill.

 Ad-rn.

 Code 729.311).

f)

 Sorbents used to treat free liquids to be

 disposed- of

 in landfills

must be rionbiodegradable.

 Nonbiodegradable sorbents

 are:

materials listed or described in subsection

 (f)(1)

 below;

materials that pass one of the tests in subsection

 (f)(2)

 below;

or materials that are determined by Board to be nonbiodegradable

through the 35

 Ill. Adm. Code 106 adjusted standard process.

1)

 Nonbiodegradable sorbents

 are:

A)

 Inorganic minerals,

 other inorganic materials,

 and-

elemental carbon

 (e.g.,

 aluminosilicates,

 clays,

smectites,

 Fuller’s earth,

 bentonite, calcium

bentonite, montmorillonite,

 calcined montmorillonite,

kaolinite, micas

 (illite), vermiculites,

 zeolites;

calcium carbonate

 (organic free limestone);

 oxides!

hydroxides,

 alumina,

 lime,

 silica (sand),

 diatomaceous

earth;

 perlite

 (volcanic glass);

 expand-ed- volcanic

rock;

 volcanic ash; cement kiln dust;

 fly ash; rice

hull ash;

 activated charcoal/activated carbon);

or

B)

 High molecular weight synthetic polymers

 (e.g.,

polyethylene, high density polyethylene

 (HOPE),

polypropylene, polystyrene,

 polyurethane,

polyacrylate,

 polynorborene, polysobutylene, ground

synthetic rubber,

 cross—linked allylstyrene and

tertiary butyl copolymers).

 This does not

 include

polymers

 derived- from biological material or polymers

specifically designed to be degradable;

or

C)

 Mixtures of these nonbiodeyrad-able materials.

2)

 Tests for nonbiodegradable sorbents.

A)

 The sorbent material

 is determined to be

nonbiodeyradable under ASTM Method G21—70 (l984a)~-

Standard- Practice for Determining Resistance

of

Synthetic Polymer Materials to Fungi”,

 incorporated by

reference in

35

 Ill.

 Ad-rn.

 Code 720.111

or

B)

 The sorbent material

 is determined to be

nonbiod-egrad-able under ASTM Method G22-76 (1984b)~-

Standard Practice for Determining Resistance of

Plastics to Bacteria”,

 incorporated by reference

in

35

Ill.

Adm.

Code 720.111.

(Source:

 Amended at

18

 Ill. Roy.

_________,

 effective

______________________

TITLE 35:

 ENVIRONMENTAL PROTECTION

 SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION

CONTROL

BOARD

SUBCHAPTER

c:

 HAZARDOUS

 WASTE OPERATING REQUIREMENTS

44

PART

726

STANDARDS

FOR

THE MANAGEMENT

OF SPECIFIC HAZARDOUS WASTE

AND SPECIFIC TYPES OF

HAZARDOUS

WASTE MANAGEMENT FACILITIES

SUBPART

C:

 RECYCLABLE MATERIALS

USED IN A

MANNER

CONSTITUTING DISPOSAL

Section

726. 120

Applicability

726.121

 Standards applicable to generators

 and transporters of materials

used

manner

that

constitutes

disposal

726.122

 Standard-s applicable to storers,

 who are not the ultimate users,

materials

that

are

used-

manner

that

constitutes

disposal

726.123

 Standards applicable to users of materials that are used in a

manner

that

constitutes

disposal

SUBPART

HAZARDOUS

WASTE

BURNED

FOR

ENERGY

RECOVERY

Sect ion

726.130

Applicability

(Repealed)

726.131

 Prohibitions (Repealed)

726.132

Standards

applicable

generators

hazardous

waste

fuel

(Repealed)

726.133

Standard-s

applicable

transporters

hazardous

waste

fuel

(Repealed)

726.134

Standards

applicable

marketers

hazardous

waste

fuel

(Repealed)

726.135

Standards

applicable

burners

hazardous

waste

fuel

(Repealed)

726.136

Conditional

exemption

for

spent

materials

and

by-products

exhibiting

characteristic

hazardous

waste

(Repealed-)

SUBPART

USED

OIL

BURNED

FOR

ENERGY

RECOVERY

(Repealed)

Sect ion

726. 140

 Applicability

 (Repealed)

726.141

Prohibitions

(Repealed)

726.142

 Standards applicable to generators of used- oil burned for energy

recovery

(Repealed)

726.143

 Standards applicable to marketers of used- oil burned for energy

recovery

(Repealed)

726.144

Standards

applicable

burners

used

oil

burned

for

energy

recovery

(Repealed-)

SUBPART F:

 RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS METAL

RECOVERY

Section

726.170

 Applicability

 and- requirements

SUBPART G:

 SPENT LEAD-ACID BATTERIES BEING RECLAIMED

Section

726.180

Applicability

and

requirements

SUBPART H:

 HAZARDOUS WASTE BURNED IN BOILERS

AND INDUSTRIAL FURNACES

Sect ion

726.200

Applicability

726.201

Management

prior

Burning

726.202

Permit

standards

for

Burners

726.203

Interim

eStatus

eStandards

for

Burners

726.204

Standards

e~ontrol

Organic

Emissions

726.205

Standards

control

726.206

 Standards to eControl Metals Emissions

726.207

Standards

control

HC1

and

Chlorine

Gas

Emissions

726.208

 Small quantity On—site Burner Exemption

45

Low risk waste Exemption

Waiver of

DRE

trial burn for Boilers

Standards for direct Transfer

Regulation of Residues

Extensions of Time

726.Appendix A

726.Appendix B

726.Appendix C

726.Appendix D

726.Append-ix E

726.Appendix F

726.Append-ix G

726.Appendix H

726.Appendix

I

726.Append-ix J

726.Appendix K

726.Append-ix L

726.Table A

Tier

 I and Tier II Feed Rate and Emissions Screening Limits

for Metals

Tier

 I Feed Rate Screening Limits

 for Total Chlorine

Tier

 II Emission Rate Screening Limits for Free Chlorine and

Hydrogen Chloride

Reference Air Concentrations

Risk Specific Doses

Stack Plume Rise

Health—Based Limits

 for Exclusion of Waste-Derived Residues

Potential PIC5 for Determination of Exclusion of Waste—

Derived- Residues

Methods Manual

 for Compliance with BIF Regulations

Guideline on Air Quality Models

Lead—Bearing Materials That May be Processed in Exempt Lead

Smelters

Nickel or Chromium—Bearing Materials that may be Processed

in Exempt Nickel—Chromium Recovery Furnaces

Exempt Quantities for Small Quantity Burner Exemption

AUTHORITY:

 Implementing Section 22.4 and authorized- by Section 27 of the

Environmental Protection Act

 (Ill. Rev. Stat.

 1991,

ch.

 111½,

 pars.

 1022.4 and

1027

 (415 ILCS 5/22.4 and 27).

SOURCE:

 Adopted in R85—22 at

10

 Ill. Reg.

 1162, effective January

2,

 1986;

amended in R86—l at

10

 Ill. Reg.

 14156, effective August

12,

 1986;

 amended in

R87—26 at 12

 Ill.

 Hey. 2900,

 effective January

15,

 1988;

 amended- in R89-l

at

13

 Ill.

 Hey.

 18606, effective November

13,

 1989;

 amended- in R90—2

at

14

 Ill.

Reg.

14533, effective August

22,

 1990;

 amended in R90—11 at 15 Ill. Reg.

 9727,

effective June 17,

 1991;

 amended in R9l—13 at

 16 Ill. Hog. 9858,

 effective

June

9,

 1992;

 amended in R92—lO at

17

 Ill.

Roy.

 5865,

 effective March

26,

1993;

 amended in R93—4

at

17

 Ill. Hog.

 20904, effective November 22,

 l993i.

amended in R94—7 at

 Ill. Req.

 effective

SUBPART H:

 HAZARDOUS WASTE BURNED IN BOILERS

AND INDUSTRIAL FURNACES

Section 726.203

 Interim eStatus eStand-ards for Burners

a)

 Purpose,

 scope,

 applicability.

1)

 General.

A)

 The purpose of this Section is to establish minimum

national standards for owners and operators of

“existing”

 BIFs that burn hazardous waste where such

standards define the acceptable management of

hazardous waste during the period of interim status.

The standards of this Section apply to owners

 and-

operators of existing facilities until either a permit

is issued under Section 726.202(d)

 or until closure

responsibilities identified- in this Section are

fulfilled.

B)

 “Existing” or

 “in existence” means a BIF

 for which the

owner or operator filed

 a certification of

726. 209

726. 210

726. 211

726.212

726.219

46

precompliance with U.~S~EPApursuant to 40 CFR

266.103(b), incorporated by reference

 in subsection

(b),- below; provided, however, that U.S. EPA has not

determined that the certification is invalid.

C)

If

 a BIF is located at

 a facility that already has a

RCRA permit or

 interim

 tatus,

 then the owner or

operator shall comply with the applicable regulations

dealing with permit modifications in 35

 Ill.

 Ad-rn.

 Code

703.280 or changes in interim status in 35

 Ill. Adm.

Code 703.155.

2)

 Exemptions.

 The requirements of this Section do not apply

to hazardous waste and facilities exempt under Sections

726.200(b) or 726.208.

3)

 Prohibition on burning dioxin—listed wastes.

 The following

hazardous waste listed for dioxin and hazardous waste

derived from any of these wastes must not be burned in

 a BIF

operating under interim status:

 U.!S.~EPAHflazardous W~aste

N~umbersF020,

 F021, F022,

 F023, F026 and F027.

4)

 Applicability of

 35 Ill.

 Ad-rn.

 Code 725 standards.

 Owners

and operators of BIFs that burn hazardous waste and are

operating under interim status are subject to the following

provisions of 35

 Ill.

 Ad-rn. Code 725,

 except

 as provided

otherwise by this Section:

A)

 In Subpart A of this Part

 (General),

35

 Ill.

 Adm. Code

725.104;

B)

 In Subpart

B

of this Part (General facility

standards),

35

 Ill.

 Ad-rn.

Code 725.111 through 725.117;

C)

 In Subpart

C of this Part (Preparedness and

prevention),

35

 Ill.

 Ad-rn. Code 725.131 through

725.137;

D)

In

Subpart D of this Part (Contingency plan and

 emergency procedures),

35

 Ill.

 Ad-rn.

 Code 725.151

through 725.156;

E)

 In Subpart

E of this Part (Manifest system,

record-keeping and reporting),

35

 Ill.

 Ad-rn.

 Code

725.171 through 725.177, except that 35

 Ill.

 Ad-rn. Code

725.171,

 725.172 and 725.176 do not apply to owners

and operators of on—site facilities that do not

receive any hazardous waste from off—site sources;

F)

 In Subpart G of this Part (Closure and post-closure),

35

 Ill.

 Ad-rn.

Code 725.211 through 725.215;

G)

 In Subpart

 H of this Part

 (Financial requirements),

35

Ill. Adm. Code 725.241,

 725.242, 725.243 and 725.247

through 725.251, except that the State of

 Illinois and

the Federal government are exempt

 from the

requirements of

35

 Ill.

 Ad-rn.

Code 725.Subpart

 H; and

H)

 ~jLSubpart

 BB of this Part (Air emission standards

for

equipment leaks), except 35

 Ill.

 Ad-rn.

 Code 725.950(a).

5)

 Special requirements for furnaces.

 The following controls

47

apply during interim status to industrial furnaces

 (e.g.,

kilne,

 cupolas) that feed hazardous waste for a purpose

other than solely as an ingredient

 (see subsection

(a)(5)(B), above) at any location other than the hot end

where products are normally discharged or where

 fuels are

normally fired:

A)

 Controls.

i)

 The hazardous waste must be

 fed- at

 a location

where combustion gas temperatures are at least

1800—°_F;

ii)

 The owner or operator shall determine that

adequate oxygen is present

 in combustion gases

to combuat organic constituents

 in the waste and

retain documentation of such determination in

the facility record;

iii)

 For cement kiln systems,

 the hazardous waste

must be fed into the kiln;

and

iv)

 The HC controls of Section 726.204(f) or

subsection (C)(S)T below, apply upon

certification

 of compliance under subsection

(c)-,~below, irrespective of the CO level

achieved- during the compliance test.

B)

 Burning hazardous waste solely as an ingredient.

A

hazardous waste

 is burned for a purpose other than

“solely as an ingredient”

if

 it meets either of these

criteria:

i)

 The hazardous waste has a total concentration

of

nonmetal compounds

 listed-

 in 35

 Ill.

 Ad-rn.

Code

721.Appendix H, exceeding 500 ppm by weight,

as

fired and so is considered to be burned for

destruction.

 The concentration of nonmetal

compound-s in a waste as—generated- may be reduced

to the 500

ppm

limit by bona fide treatment that

removes or destroys nonmetal constituents.

Blending for dilution to meet the 500 ppm limit

is prohibited and documentation that

the

waste

has not been impermissibly diluted must be

retained in the facility record; or

ii)

 The hazardous waste has

 a heating value of

 5,000

Btu/lb or more,

 as fired-,

 and so is considered

to be burned as fuel.

 The heating value of

a

waste as—generated may be reduced to below the

5,000 Btu/lb limit by bona

 fid-e treatment that

removes or destroys organic constituents.

The

heating value of

 a waste as—generated may be

reduced- to below the 5,000 Btu/lb limit by bona

fide treatment that removes

 or destroys organic

constituents.

 Blending to

augment the heating

value to meet the 5,000 Btu/lb

 limit

is

prohibited and documentation that the waste has

not been impermissibly blended- must be retained-

in the facility record.

6)

 Restrictions on burning hazardouswaste that

is

not

 a fuel.

48

Prior to certification of compliance under subsection

 (c)-r

below,

 owners and operators shall not feed hazardous waste

that has a heating value less than 5000 Btu/lb,

as

generated-,

 (except that the heating value of a waste as—

generated may be increased to above the 5,000 Btu/lb

 limit

by bona fide treatment; however blending to augment the

heating value to meet the 5,000 Btu/lb limit

 is prohibited

and- record-s must be kept to document that impermissible

blending has not occurred)

 in a BIF, except that:

A)

 Hazardous waste may be burned solely

 as an ingredient;

or

B)

 Hazardous waste may be burned- for purposes

of

compliance testing

 (or testing prior to compliance

testing)

for

 a total period-

 of time not to exceed 720

hours; or

C)

 Such waste may be burned-

 if the Agency has

documentation to show that,

 prior to August

21,

 1991:

i)

 The BIF was operating under the interim status

standards for incinerators or thermal treatment

units,

35

 Ill.

 Ad-rn. Code

 725.Subparts 0 or P;

and-

ii)

 The BIF met the interim status eligibility

requirements under 35

 Ill. Adm.

 Code 703.153 for

35

 Ill.

 Ad-rn. Code 725.Subparts 0 or

 P; and

iii)

 Hazardous waste with a heating value less than

5,000 Btu/lb was burned prior to that date;

or

D)

 Such waste may be burned in a halogen acid furnace

if

the waste was burned as an excluded ingredient under

35

 Ill.

 Ad-rn.

 Code 721.102(e)

 prior to February 21,

1991,

 and- documentation

 is kept on file supporting

this claim.

7)

 Direct transfer to the burner.

 If hazardous waste

is

directly transferred from a transport vehicle to

 a BIF

without the use of

 a storage unit,

 the owner

 or operator

shall comply with Section 726.211.

b)

 Certification of precompliance.

1)

 The Board incorporates by reference 40 CFR 266.103(b)(1992)

; amended at

 57 Fed.

 Hey.

 38564, August

25,

 1992.

 This

Section incorporates no later editions or amendments.

2)

 Certain owners and operators were required to file a

certification of precompliance with U.~S.~.EPAby August

21,

1991,

 pursuant to 40 CFR 266.103(b).

 No separate filing

is

required with the Agency.

c)

 Certification of compliance.

 The owner or operator shall conduct

emissions testing to document compliance with the emissions

standard-s of Sections 726.204(b) through

 (e),

 726.205,

 726.206,

726.207, and subsection (a)(5)(A)(iv), above, under the procedures

prescribed by this subsection,

 except under extensions of time

provided by subsection

 (c)(7), below.

 Based- on the compliance

test,

 the owner or operator shall submit to the Agency,

 on or

49

before August 21,

 1992,

 a complete and accurate “certification of

compliance”

 (under subsection

 (c)(4),- below)

 with those emission

standards establishing limits on the operating parameters

specified in subsection (c)(1), below.

1)

 Limits on operating conditions.

The

owner

or operator shall

establish limits on the following parameters

 based- on

operations during the compliance test

 (under procedures

prescribed in subsection

 (c)(4)(D), below)

 or as otherwise

specified

 and- include these limits with the certification of

compliance.

 The BIF must be operated-

 in accordance with

these operating limits

 and- the applicable emissions

standards of Section 726.204(b) through

 (e),

 726.205,

726.206,

 726.207 and subsection (a)(5)(A)(iv), above, at

all

times when there

 is hazardous waste in the unit.

A)

 Feed rate of total hazardous waste

 and- (unless

complying the Tier

 I or adjusted Tier

 I metals feed

rate screening limits under Section

 726.206(b)

or

(0)),

 pumpable

hazardous waste;

B)

 Feed rate of each metal in the following feed-streams:

i)

 Total feed-streams, except that industrial

furnaces that must comply with the alternative

metals implementation approach under subsection

(c)(3)(B), below, must specify limits on the

concentration of each metal

 in collected PM

in

lieu of

 feed- rate limits for total feed-streams;

and facilities that comply with Tier

I

or

Adjusted Tier

 I metals feed rate screening

limits may set their operating limits

 at the

metal

 feed- rate screening limits

 determined

under subsection 726.206(b)

or

 (e).

BOARD

NOTE:

 Federal subsections

266.l03(c)(1)(ii)(A)(l) and (c~(l)(ii)(A)(2) are

condensed into the above subsection.

ii)

 Total hazardous waste feed

 (unless complying

with the Tier

 I or adjusted Tier

 I metals feed

rate screening limits under Section 726.206(b)

or

 (e));

and

iii)

 Total pumpable hazardous waste

 feed-

 (unless

complying with Tier

 I or Adjusted- Tier

I

metals

feed rate screening limits under subsection

 726.206

 (b) or (e)).

C)

 Total feed rate of total chlorine and chloride in

total

feed

streams,

except

that

facilities

that

comply

with Tier

 I or Adjusted Tier

I

 feed rate screening

limits may set their operating limits

 at the total

chlorine and chloride feed rate screening limits

determined under subsection 726.207(b) (1)

or

 (e);

D)

 Total feed rate of ash

 in total feed streams, except

that the ash

 feed- rate for cement kilns and light-

weight aggregate kilns

 is not limited;

E)

 CO concentration,

 and- where required-,

 NC concentration

in stack gas.

 When complying with the CO controls of

50

Section 726.204(b), the CO limit is

 100 ppmv,

 and- when

complying with the NC controls of Section 726.204(c),

the NC limit is 20 ppmv.

 When complying with the CO

controls of Section 726.204(c),

 the CO limit

is

established based on the compliance test;

F)

 Maximum

production rate of the device

 in appropriate

units when producing normal product unless complying

with Tier

 I or Adjusted Tier

 I feed rate screening

limits for chlorine under subsection 726.207(b)(1)

or

(e)

 and for all metals under subsection 726.207(b)

or

(e), and the uncontrolled particulate emissions do not

exceed the standard under subsection 726.205;

0)

 Maximum combustion charnber temperature where the

temperature measurement is as close to the combustion

zone as possible and is upstream of any quench water

injection,

 (unless complying with the Tier

 I adjusted

Tier

 I metals

 feed- rate screening limits under Section

726.206(b) or

 (e));

H)

 Maximum flue gas temperature entering a PM control

device

 (unless complying with Tier

 I or adjusted Tier

I metals feed rate screening limits under Section

726.206(b)

 or (e));

I)

 For systems using wet scrubbers, including wet

ionizing scrubbers

 (unless complying with the Tier

I

or adjusted Tier

 I metals feed rate screening limits

under Section 726.206(b)

or

(e)

 and the total chlorine

and- chloride feed rate screening limits under Section

726.207(b) (1) or

 (e)):

i)

 Minimum liquid to flue gas ratio;

ii)

 Minimum scrubber blowdown from the system or

maximum suspend-ed- solids content of

 scrubber

water;

 and-

iii)

 Minimum pH level of the scrubber water;

J)

 For systems using venturi scrubbers, the minimum

differential gas pressure across the venturi

 (unless

complying the Tier

 I or adjusted- Tier

 I metals feed

rate screening limits under Section 726.206(b)

or

(e)

and the total chlorine and chloride

 feed- rate

screening limits under Section 726.207(b) (1)

or

 (e));

K)

 For systems using dry scrubbers

 (unless complying with

the Tier I or adjusted Tier

 I metals feed rate

screening

 limits under Section 726.206(b)

or

(e)

and

the total chlorine and chloride feed rate screening

limits under Section 726.207(b) (1) or

 (efl:

i)

 Minimum caustic

 feed- rate;

and

ii)

 Maximum flue gas flow rate:

L)

 For systems using wet

 ionizing scrubbers or

electrostatic precipitators

 (unless complying with the

Tier

 I or adjusted- Tier

 I metals feed rate screening

limits under Section 726.206(b)

or

(e)

 and the total

chlorine and chloride feed rate screening limits under

Section 726.207(b) (1) or

 (e)):

i)

 Minimum electrical power in kVA to the

precipitator plates; and

ii)

 Maximum

flue gas flow rate;

M)

 For systems using fabric filters

 (baghouses), the

minimum pressure drop

 (unless complying with the Tier

I or adjusted Tier

 I metals

 feed- rate screening limits

under Section 726.206(b) or

(e)

 and the total

 chlorine

and chloride feed rate screening limits under Section

726.207(b)(1)

or

 (e)).

2)

 Prior notice of compliance testing.

 At least

 30 days prior

to the compliance testing required- by subsection

 (c)(3),-

below, the owner or operator shall notify the Agency and

submit the following information:

A)

 General facility information including:

i)

 U.~S~EPAfacility ID number;

ii)

 Facility

name,

 contact person,

 telephone number

and address;

iii)

 Person responsible for conducting compliance

test,

 including company name, address and

telephone number, and

 a statement of

qualifications;

iv)

 Planned- date of the compliance test;

B)

 Specific information on each device to be tested

including:

i)

 A Description of BIF;

ii)

 A scaled plot plan showing the entire facility

and location of the BIF;

iii)

 A description of the APCS;

iv)

 Identification of the continuous emission

monitors that are

 installed-,

 including:

CO

monitor; Oxygen monitor; NC monitor,

 specifying

the minimum temperature of the system and-,

if

 the temperature is less than l50--°_C, an

explanation of why

 a heated system is not used

(see subsection

 (c)(5), below)

and

 a brief

description of the sample gas conditioning

system;

v)

 Indication of whether the stack

is

 shared with

another device that will be in operation during

the compliance test;

vi)

 Other information useful to an understanding of

the system design or operation.

C)

 Information on the testing planned,

 including

a

52

complete copy of the test protocol and QA/QC plan,

and

a summary description for each test providing the

following information at a minimum:

i)

 Purpose of the test

 (e.g., demonstrate

compliance with emissions of PM);

 and-

ii)

 Planned operating conditions,

 including levels

for each pertinent parameter specified-

in

eubsection (c)(1), above.

3)

 Compliance testing.

A)

 General.

 Compliance testing must be conducted under

conditions for which the owner or operator has

submitted a certification of precompliance under

subsection

 (b), above, and under conditions

established in the notification of compliance testing

required- by subsection (c)(2), above.

 The owner or

operator may seek approval on

 a case—by—case basis to

use compliance test data from one unit

 in lieu of

testing a similar on-site unit.

 To support the

request, the owner or operator shall provide a

comparison of the hazardous waste burned and other

feed-streams,

 and the design,

 operation, and

maintenance of both the tested unit and the similar

unit.

 The Agency shall provide a written approval to

use compliance test data in lieu of testing

 a similar

unit if the Agency finds that the hazardous wastes,

devices

 and- the operating conditions are sufficiently

sirnilar,

 and the data from the other compliance test

is

 ad-equate to meet the requirements of this

subsection

 (c).

B)

 Special requirements for industrial

 furnaces that

recycle collected- PM.

 Owners and operators of

industrial furnaces that recycle back into the furnace

PM from the APCS shall comply with one of the

following procedures for testing to determine

compliance with the metals standard-s of Section

726.206(c) or

 (d-):

i)

 The special testing requirements prescribed

in

“Alternative Method- for Implementing Metals

Controls” in Section 726.Appendix

I

 (“cyc”) or

ii)

 Stack emissions testing for a minimum of

 6 hours

each day while hazardous waste

 is burned during

interim status.

 The testing must be conducted

when burning normal hazardous waste for

that day

at normal feed rates for that day and when the

APCS is operated under normal

 conditions.

During interim status,

 hazardous waste analysis

for metals content must be sufficient for the

owner or operator to determine

 if changes

in

metals content affect the ability of the unit to

meet the metals emissions standards established-

under Section 726.206(c) or

 (d).

 Under this

option,

operating

limits

(under

subsection

(c)(1), above) must be established during

compliance testing under this subsection (c)(3)

only on the following parameters:

 Feed rate

of

53

total hazardouswaste; Total feed rate of total

chlorine and chloride

 in total

 feed streams;

Total feed- rate of ash in total feed streams,

except that the ash feed rate for cement kilns

and light—weight aggregate kilns

 is not limited;

CO concentration,

 and where required, NC

concentration

 in stack gas; Maximum production

rate of the device in appropriate units when

producing normal product; or

iii)

 Conduct compliance testing to determine

compliance with the metals standards to

establish limits on the operating parameters

of

subsection (c)(l),

above,

only after the kiln

system has been conditioned to enable

 it to

reach equilibrium with respect to metals

fed

into the system and metals emissions.

 During

conditioning,

 hazardous waste

 and- raw materials

having the same metals content as will be fed

during the compliance test must be fed at the

feed rates that will be fed during the

compliance test.

C)

 Conduct of compliance testing.

i)

 If compliance with all applicable emissions

standards of Sections 726.204 through 726.207

is

not demonstrated simultaneously during a

 set of

test runs,

 the operating conditions of

additional test runs required to demonstrate

compliance with remaining emissions standards

must be as close as possible to the original

operating conditions.

ii)

 Prior to obtaining test data for purposes of

demonstrating compliance with the applicable

emissions

 standard-s of Sections 726.204 through

726.207 or establishing limits on operating

parameters under this Section,

 the facility must

operate under compliance test conditions

for

a

sufficient period

 to reach steady-state

operations.

 Industrial furnaces that recycle

collected- PM back into the furnace and that

comply with subsections

 (c)(3)(B)(i)

or

(c)(3)(B)(ii).7- above, however,

 need not reach

steady state conditions with respect to the flow

of metals

 in the system prior to beginning

compliance testing for metals.

iii)

 Compliance test data on the level of an

operating parameter for which a limit must be

established in the certification of compliance

must be obtained during emissions sampling for

the pollutant(s)

 (i.e.,

 metals,

 PM, HC1/chlorine

gas, organic compounds)

 for which the parameter

must be established- as specified by subsection

(c)(1), above.

4)

 Certification of compliance.

 Within 90 days of completing

compliance testing, the owner or operator shall certify to

the Agency compliance with the emissions standards of

Sections 726.204(b),

(c)

and

 (e),

 726.205,

 726.206,

 726.207,

54

and subsection (a)(5)(A)(iv), above.

 The certification of

compliance must include the following information:

A)

 General facility and testing information including:

i)

~

 facility

 ID number;

ii)

 Facility name,

 contact person, telephone number

and ad-dress;

iii)

 Person responsible for conducting compliance

testing,

 including company name,

 ad-dress and

telephone number,

 and a statement of

qualifications;

iv)

 Date(s) of each compliance test;

v)

 Description of

 BIF tested-;

vi)

 Person responsible for QA/QC, title and

telephone number,

 and statement that procedures

prescribed in the QA/QC plan submitted under

Section 726.203(c)(2)(C) have been followed,

or

a description of any changes and an explanation

of why changes were necessary.

vii)

 Description of any changeB

 in the unit

configuration prior to or during testing that

would alter any of the information

 submitted-

in

the prior notice of compliance testing under

subsection

 (c)(2), above,

 and- an explanation of

why the changes were necessary;

viii) Description of any changes in the planned test

conditions prior to or during the testing that

alter any of the information submitted

 in the

prior notice of compliance testing under

subsection (c)(2), above, and an explanation of

why the changes were necessary; and

ix)

 The complete report on results of emissions

testing.

B)

 Specific information

 on each test including:

i)

 Purpose(s)

 of test (e.g.,

 demonstrate

conformance with the emissions limits

 for PM,

metals, HC1, chlorine gas and

CO)

ii)

 Summary of test results for each run and for

 each test including the

 following information:

Date of run; Duration of run; Time—weighted

average and highest hourly rolling average CO

level for each run and for the test; Highest

hourly rolling average NC level,

 if HC

monitoring

 is required for each run and

 for the

test;

 If dioxin

 and- furan testing

 is required

under Section 726.204(e),

 time—weighted average

emissions for each run and

 for the test of

chlorinated- dioxin

 and- furan emissions,

 and the

predicted maximum annual average ground level

concentration of the toxicity equivalency factor

55

(defined- in Section 726.200(g)); Time—weighted

average PM emissions for each run

 and for the

test; Time—weighted average Nd

 and chlorine gas

emissions

 for each run

 and- for the test;

 Time-

weighted- average emissions

 for the metals

subject to regulation under Section 726.206 for

each run and for the test;

 and QA/QC results.

C)

 Comparison of the actual emissions during each test

with the emissions limits prescribed- by Sections

726.204(b),

 (c) and

 (e),

 726.205,

 726.206 and

 726.207

and established for the facility in the certification

of precompliance under subsection

 (b),- above.

D)

 Determination of operating limits based on all valid

runs of the compliance test for each applicable

parameter listed in subsection (c)(1), above, using

either of the following procedures:

i)

 Instantaneous

 limits.

 A parameter must be

measured and recorded on an instantaneous basis

(i.e.,

 the value that occurs at any time)

 and-

the operating limit specified as the time—

weighted average during all

 runs of the

compliance test;

or

ii)

 Hourly rolling average basis.

 The limit

for

a

parameter must be established-

 and- continuously

monitored- on an hourly rolling average basis,

as

defined-

 in Section 726.200(g).

 The operating

limit

 for the parameter must be established-

based- on compliance test data as the average

over all test runs of

 the highest hourly rolling

average value for each run.

iii)

Rolling

average

limits

for

carcinogenic

metals

and lead.

 Feed rate limits for the carcinogenic

metals

 and- lead must be established either on an

hourly rolling average basis as prescribed- by

subsection

 (c)(4)(D)(ii), above, or on

 (up to)

a

24 hour rolling average basis.

 If the owner or

operator elects to use an averaging period- from

 2 to 24 hours: The

 feed- rate

 of each metal must

be limited at any time to ten times the feed

rate that would be allowed on a hourly rolling

average basis;

 The continuous monitor is

as

defined in Section 726.200(g).

 And the

operating limit for the

 feed- rate of each metal

must be established based on compliance test

data as the average over all test runs

 of the

highest hourly rolling average

 feed rate

for

each run.

iv)

 Feed rate limits for metals, total chlorine and

chloride

 and- ash.

 Feed rate limits for metals,

total chlorine and chloride and ash are

established

 and- monitored by knowing the

concentration of the substance

 (i.e., metals,

chloride/chlorine

 and- ash)

 in each feed-stream

and the flow rate of the feed-stream.

 To monitor

the feed rate of these substances, the

 flow rate

of each feed-stream must be monitored under the

56

continuous monitoring requirements of

subsections

 (c)(4)(D)(i) through

 (c’~(4~(D)(iii),-

above.

E)

 Certification of compliance statement.

 The following

statement must accompany the certification of

compliance:

“I certify under penalty of law that this

information was prepared under my direction or

 supervision in accordance with a system designed

to ensure that qualified personnel properly

gathered and evaluated the information and

Bupporting documentation.

 Copies of all

emissions tests, dispersion modeling results and

other information used to determine conformance

with the requirements of

35

 Ill.

 Ad-rn.

Code

726.203(c)

 are available at the facility

 and- can

be obtained from the facility contact person

listed- above.

 Based on my inquiry of the person

or persons who managee the facility, or those

persons directly responsible for gathering the

information, the information submitted

 is, to

the best of my knowledge

 and- belief,

 true,

accurate

 and- complete.

 I am aware that there

are significant penalties for submitting

 false

information,

 including the possibility

of

 fine

and imprisonment for knowing violations.

I also acknowledge that the operating limits

established pursuant to 35 Ill.

 Ad-rn.

Code

726.203(c)(4)(D)

 are enforceable limits at which

the facility can legally operate during interim

status until

 a revised certification of

compliance

 is submitted.”

5)

 Special requirements for NC monitoring systems.

 When an

owner or operator

 is required to comply with the HC controls

provided- by Sections 726.204(c) or subsection (a)(5)(A)(iv),

above,

 a conditioned gas monitoring system may be used

in

conformance with specifications provided in Section

726.Appendix

I

 (“cyc’t) provided that the owner or operator

submits a certification of compliance without using

extensions of time provided by subsection

 (c)(7), below.

However, owners

 or operators of facilities electing to

comply with the alternative hydrocarbon provision of Section

726.204(f)

 and requesting

 a time extension under Section

726.219(b) may establish the baseline NC level and comply

with the interim NC limit established by the time extension

using a conditioned gas monitoring system

 if the Board

determines that the owner or operator has also demonstrated

a good faith effort to operate a heated- monitoring system

but

found

impracticable.

6)

 Special operating requirements for industrial furnaces that

recycle collected PM.

 Owners and operators of industrial

furnaces that recycle back into the furnace PM from the APCS

must:

A)

 When complying with the requirements

 of subsection

(c)(3)(B)(i), above,

 comply with the operating

requirements prescribed-

 in “Alternative Method to

57

Implement the Metals Controls’s

 in Section 726.Appendix

I—(-’lcyc”) and

B)

 When complying with the requirements of subsection

(c)(3)(B)(ii)7- above,

 comply with the operating

requirements prescribed- by that subsection.

7)

 Extensions of time.

A)

 If the owner or operator does not submit a complete

certification

 of compliance

 for all of the applicable

emissions standards of Sections 726.204,

 726.205,

726.206 and 726.207 by August

21,

 1992, the owner or

operator shall either:

i)

 Stop burning hazardous waste and begin closure

activities under subsection

 (1), below, for the

hazardous waste portion of the facility; or

ii)

 Limit hazardous waste burning only for purposes

of compliance testing

 (and- pretesting to prepare

for compliance testing)

 a total period of

720

hours for the period of time beginning August

21,

 1992,

 submit a notification to the Agency by

August 21,

 1992 stating that the facility

is

operating

under

restricted

interim

status

and

intend-s to resume burning hazardous waste, and

submit a complete certification of compliance by

August 23,

 1993;

or

iii)

Obtain

case—by—case

extension

time

under

subsection

 (c)(7)(B).,- below.

B)

 Case—by—case extensions of time.

 See Section

726.219.

8)

 Revised certification of compliance.

 The owner or operator

may submit at any time a

 revised- certification of compliance

(recertification of compliance) under the following

procedures:

A)

 Prior to submittal of a revised certification of

compliance,

 hazardous waste must not be burned for

more than a total of 720 hours under operating

conditions that exceed- those established under a

current certification of compliance, and such burning

must be conducted only for purposes of determining

whether the facility can operate under revised

conditions and continue to meet the applicable

emissions standard-s of Sections 726.204,

 726.205,

726.206

and

726.207;

B)

 At least 30 days prior to first burning hazardous

waste under operating conditions that

 exceed- those

established- under a current certification of

compliance,

 the owner or operator shall notify the

Agency and submit the following information:

i)

 U.S.~EPAfacility ID number,

 and facility name,

contact person, telephone number and address;

ii)

 Operating conditions that the owner or operator

is seeking to revise and description

 of the

58

changes

 in facility design or operation that

prompted the need to seek to revise the

operating conditions;

iii)

 A determination that, when operating under the

revised operating conditions, the applicable

emissions standards of Sections 726.204,

726.205,

 726.206

 and- 726.207 are not likely to

be

 exceeded-.

 To document this determination,

the

owner

operator

shall

submit

the

applicable information required- under subsection

(b) (2), above;

and

iv)

 Complete emissions testing protocol

 for any

pretesting and for a new compliance test to

determine compliance with the applicable

emissions standard-s of Sections 726.204,

726.205,

 726.206 and 726.207 when operating

under revised- operating

 conditions.

The

protocol shall include a schedule of pre-testing

and compliance testing.

 If the owner or

operator revises the scheduled date for the

compliance test,

 the owner or operator shall

notify the Agency in writing at least

 30 days

prior to the revised date of the compliance

test;

C)

 Conduct

 a compliance test under the revised operating

conditions and the protocol

 submitted- to the Agency to

determine compliance with the applicable emissions

standard-s of Sections 726.204,

 726.205,

 726.206 and

726.207; and

D)

 Submit

 a revised certification of compliance under

subsection

 (c)(4), above.

d)

 Period-ic Recertifications.

 The owner or operator shall conduct

compliance testing and submit to the Agency a recertification of

compliance under provisions of subsection

(C),

 above, within three

years

 from submitting the previous certification or

recertification.

 If the owner or operator seeks to recertify

compliance under new operating conditions, the owner or operator

shall comply with the requirements of subsection

 (c)(8),- above.

e)

 Noncompliance with certification schedule.

 If the owner or

operator does not comply with the interim status compliance

schedule provided by subsections

 (b),

(c)

 and-

 (d), above,

hazardous waste burning must terminate on the date that the

deadline is

 missed-,

 closure activities must begin under subsection

(1), below,

 and hazardous waste burning must not resume except

under an operating permit

 issued- under 35

 Ill.

 Ad-rn.

Code

 703.232.

For purposes of compliance with the closure provisions

of

subsection

 (1),

 below-,- and 35

 Ill.

 Ad-rn.

Code 725.212(d) (2)

and

725.213~the BIF has received- “the known final volume of hazardous

 waste” on the date the dead-line

 is missed.

f)

 Start—up and shut—down.

 Hazardous waste (except waste fed solely

as an ingredient under the Tier

I

 (or adjusted Tier

I)

 feed rate

screening limits for metals and chloride/chlorine) must not be fed

into the device during start—up and shut-down

of

the BIF, unless

the device

 is operating within the conditions

of

operation

specified in the certification of compliance.

59

g)

 Automatic waste feed cutoff.

 During the compliance test required

by subsection

 (c)(3), above, and upon certification of compliance

under subsection

 (c).,-

 above,

 a BIF must be operated with a

functioning system that automatically cuts off the hazardous waste

feed- when the applicable operating conditions specified in

subsections

 (c)(1)(A) and

 (c)(l)(E) through (c~(l)(M),above,

deviate from those established- in the certification of compliance.

In addition:

1)

 To minimize emissions of organic compounds,

 the minimum

combustion

chamber

temperature

 (or the indicator of

combustion chamber temperature)

 that occurred during the

compliance test must be maintained while hazardous waste or

hazardous waste residues remain in the combustion

charnber,

with the minimum temperature during the compliance test

defined as either:

A)

 If compliance with the combustion

chamber

temperature

limit

 is based- on a hourly rolling average,

the

minimum temperature during the compliance test

is

considered to be the average over all runs of the

lowest hourly rolling average for each run; or

B)

 If compliance with the combustion chamber temperature

limit is based on an instantaneous temperature

measurement,

 the minimum temperature during the

compliance test is considered to be the time-weighted

average temperature during all runs of the test;

and

2)

 Operating parameters limited by the certification of

compliance must continue to be monitored- during the cutoff,

and the hazardous waste

 feed- must not be restarted until the

levels of those parameters comply with the limits

established in the certification of compliance.

h)

 Fugitive emissions.

 Fugitive emissions must be controlled by:

1)

 Keeping the combustion zone totally sealed against fugitive

emissions;

or

2)

 Maintaining the combustion zone pressure lower than

atmospheric pressure; or

3)

 An alternate means of control that the owner or operator

demonstrates provides fugitive emissions control equivalent

to maintenance of combustion zone pressure lower than

atmospheric

pressure.

Support

for

such

demonstration

must

be included in the operating record-.

i)

 Changes.

 A BIF must cease burning hazardous waste when combustion

properties,

 or feed rates of the hazardous waste, other

 fuels or

industrial furnace feed-stocks, or the BIF design or operating

conditions deviate from the limits specified

 in the certification

of compliance.

 Monitoring and Inspections.

1)

 The owner or operator shall monitor and record- the

following,

at

 a minimum, while burning hazardous waste:

A)

 Feed- rates

 and- composition of hazardous waste,

 other

fuels

 and- industrial furnace feed stocks,

 and- feed

60

rates of ash, metals, and total chlorine and chloride

as necessary to ensure conformance with the

certification of precompliance or certification of

compliance;

B)

 CO, oxygen

 and-,

 if applicable, NC, on a continuous

basis at

 a common point

 in the BIF downstream of the

combustion zone and prior to release of stack gases to

the atmosphere in accordance with the operating limits

specified in the certification of compliance,

dO,

NC

and oxygen monitors must be

 installed-, operated and

 maintained in accordance with methods specified-

in

Section 726.Append-ix

 I (“eye”).

C)

 Upon the request of the Agency,

 sampling and analysis

of the hazardous waste

 (and other fuels and industrial

furnace feed stocks as appropriate)

 and the stack gas

emissions must be conducted to verify that the

operating conditions established

 in the certification

of precompliance or certification of compliance

achieve the applicable standard-s of Sections 726.204,

726.205,

 726.206 and 726.207.

2)

 The BIF and associated- equipment

 (pumps,

valves,

 pipes,

 fuel

storage tanks, etc.) must be subjected to thorough visual

inspection when they contain hazardous waste,

at

 least daily

for leaks,

 spills,

 fugitive emissions and signs of

tampering.

3)

 The automatic hazardous waste feed cutoff system and

associated alarms must be tested at least once every

 7 days

when hazardous waste

 is burned- to verify operability,

 unless

the owner or operator can demonstrate that weekly

inspections will unduly restrict or upset operations

 and-

that less

 frequent inspections will be adequate.

 Support

for such demonstration must be included

 in the operating

record-.

 At a minimum, operational testing must be conducted

at least once every 30 days.

4)

 These monitoring and inspection data must be recorded and

the record-s must be placed in the operating log.

k)

 Record-keeping.

 The owner or operator shall keep in the operating

record of the facility all information

 and- data required by this

Section until closure

 of the BIF unit.

1)

 Closure.

 At closure,

 the owner or operator shall remove

all

hazardous waste and hazardous waste residues

 (including,

 but not

limited to, ash, scrubber waters and scrubber sludges)

 from the

BIF and shall comply with 35 Ill.

 Ad-rn.

 Code 725.211 through

725.215.

(Source:

 Amended at

 18 Ill. Reg.

_________,

 effective

______________________

Section 726.204

 Standard-s to e~ontrolOrganic Emissions

a)

DRE

standard.

1)

 General.

 Except as provided in subsection

 (a)(3), below,

a

BIF burning hazardous waste must achieve

 a ORE of 99.99

for

all organic hazardous constituents

 in the waste

 feed.

To

demonstrate conformance with this requirement,

 99.99

ORE

61

must be demonstrated- during a trial burn for each principal

organic hazardous constituent

 (PONd) designated (under

 subsection

 (a)(2),- below)

 in its permit

 for each waste feed.

DRE

 is determined

 for each POHC from the following equation:

DRE

 100(1

—

 0)/I

where:

I

 Mass feed rate of one PONC in the hazardous waste

 fired-

to the BIF; and

O

 Mass emission rate of the same POHC present

 in stack gas

prior to release to the atmosphere.

2)

 Designation

 of POHCs.

 PONCB are those compounds for which

compliance with the ORE requirements of

 this Section must be

demonstrated in

 a trial burn in conformance with procedures

prescribed in 35

 Ill.

 Ad-rn.

 Code 703.232.

 One or more PONds

must be designated by the Agency

 for each waste feed to be

burned.

 POHC8 must be designated based on the degree

of

difficulty of destruction of the organic constituents

 in the

waste and on their concentrations or mass

 in the waste feed

considering the results of waste analyses submitted with

Part

 B of the permit application.

 POHCs are most likely to

be

 selected- from among those compounds

 listed in

35

 Ill.

Ad-rn.

 Code 72l.Append-ix H that are also present

 in the normal

waste feed.

 However,

 if the applicant demonstrates to the

Agency that a compound not listed in 35

 Ill. Adm. Code

721.Append-ix H or not present

 in the normal waste feed

is

a

suitable indicator of compliance with the

DRE

requirements

of this Section,

 that compound must be designated- as a POHC.

Such POHCs need not be toxic or organic compounds.

3)

 Dioxin—listed waste.

 A BIF burning hazardous waste

containing

 (or derived-

 from) U~S.~EPAHazardous Wastes Nos.

F020, F021,

 F022,

 F023,

 F026 or F027 must achieve a

destruction and removal efficiency

 (DRE) of 99.9999

for

each POHC designated

 (under subsection (a)(2), above)

 in its

permit.

 This performance must be demonstrated- on POHC5 that

are more difficult to burn than tetra—,

 penta— and

hexachlorodibenzo—p—d-ioxins and d-ibenzofurans.

 DRE is

determined- for each POHC from the equation in subsection

(a)(1), above.

 In addition,

 the owner or operator of the

BIF shall notify the Agency of intent to burn

 U.!..S.~.EPA

Hazardous Waste Nos.

 F020, F021,

 F022,

 F023,

 F026 or F027.

4)

 Automatic waiver of

DRE

trial burn.

 Owners and operators of

boilers operated under the special operating requirements

provided by Section 726.210 are considered to be

in

compliance with the

DRE

standard- of subsection

 (a)(l)-r

above, and are exempt from the

DRE

trial burn.

5)

 Low risk waste.

 Owners and operators of BIFs that burn

hazardous waste in compliance with the requirements of

Section 726.209(a)

 are considered to be

 in compliance with

the DRE standard of subsection (a)(1), above, and are exempt

from the

DRE

trial burn.

b)

 CO standard.

1)

 Except as provided

 in subsection

 (c), below, the stack

gas

62

concentration of CO from a BIF burning hazardous waste

cannot exceed 100 ppmv on an hourly rolling average basis

(i.e.,

 over any 60 minute period),

 continuously corrected- to

7 percent oxygen, dry gas basis.

2)

CO

 and- oxygen must be continuously monitored

 in conformance

with “Performance Specifications for Continuous Emission

Monitoring of Carbon Monoxide and Oxygen for Incinerators,

Boilers, and Industrial Furnaces Burning Hazardous Waste”

in

Section 726.Append-ix

I

 (“cya”).

3)

 Compliance with the 100 ppmv CO limit must be demonstrated

during the trial burn (for new facilities or an interim

status facility applying for a permit) or the compliance

test

 (for interim status facilities).

 To demonstrate

compliance, the highest hourly rolling average CO level

during any valid run of the trial burn or compliance test

must not exceed 100 ppmv.

c)

 Alternative CO standard-.

1)

 The stack gas concentration of CO

 from a BIF burning

hazardous waste may exceed the 100 ppmv limit provided that

stack gas concentrations of HC5 do not exceed 20 ppmv,

except as provided by subsection (f), below, for certain

industrial furnaces.

2)

 BC limits must be established- under this Section on

an

hourly rolling average basis

 (i.e.,

 over any

 60 minute

period), reported as propane,

 and- continuously corrected to

7 percent oxygen, dry gas basis.

3)

 NC must be continuously monitored in conformance with

“Performance Specifications for Continuous Emission

Monitoring of Hydrocarbons for Incinerators,

 Boilers,

 and-

Industrial Furnaces Burning Hazardous Waste” in Section

726.Appendix

I

 (“aye”).

 CO and oxygen must be continuously

monitored-

 in conformance with subsection

 (b)(2), above.

4)

 The alternative CO standard is established based- on CO data

during the trial burn (for

 a new facility)

 and- the

compliance test

 (for an interim status facility).

The

alternative CO standard is the average over all valid runs

of the highest hourly average CO level for each run.

 The CO

limit

 is implemented- on an hourly rolling average basis,

and

continuously corrected to

 7 percent oxygen,

 dry gas basis.

d)

 Special requirements for furnaces.

 Owners and operators of

industrial furnaces

 (e.g.,

 kilns,

 cupolas) that feed hazardous

waste for a purpose other than solely as an

 ingredient (see

Section 726.203(a)(5)(B)) at any location other than the end where

products are normally discharged and where fuels are normally

fired- must

 comply with the NC limits provided by subsections (c),

above-, or

 (f), below, irrespective of whether stack gas CO

concentrations meet the 100 ppmv limit of subsection

 (b), above.

e)

 Controls for dioxins

 and- furans.

 Owners and operators of BIFs

that are equipped with a dry PM control device that operates

within the temperature range of 450 through 750—°_F,and

industrial furnaces operating under an alternative NC limit

established under subsection

 (f), below, shall conduct

 a site—

specific risk assessment as follows to demonstrate that emissions

63

of chlorinated d-ibenzo—p—dioxins and diberizofurans do not result

in an increased lifetime cancer risk to the hypothetical maximum

exposed individual

 (MEl)

exceeding 1E—051x105

(1

 in 100,000):

1)

 During the trial burn

 (for new facilities or an interim

status facility applying for a permit) or compliance test

(for interim status facilities),

 determine emission rates of

the tetra—octa congeners

 of chlorinated- dibenzo-p—dioxins

(PCDD5)

 and- dibenzofurans (CDDs/CDF5)

 using Method 23,

“Determination of Polychlorinated Dibenzo—p—Dioxins and

Polychlorinated Dibenzofurans

 (PCDF5)

 from Stationary

Sources”,

 in Section 726.Append-ix

 I (“eye”)

2)

 Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-

octa CDD5/CDFB congeners using “Procedures

 for Estimating

the Toxicity Equivalence of Chlorinated- Dibenzo-p—Dioxin and-

Dibenzofuran Congeners”

 in Section 726.Appendix

 I “cyc”).

Multiply the emission rates of CDD/CDF congeners with a

toxicity equivalence greater than zero (see the procedure)

by the

 calculated- toxicity equivalence factor to estimate

the

equivalent

emission

rate

2,3,7,8-TCDD;

3)

 Conduct dispersion modeling using methods recommend-ed

in

CFR 51,

 Arrnendix W. as incorporated by reference

at

35

 Ill.

Ad-rn.

 Code 720.111 (“Guideline on Air Quality Models

(Revised)”

 (1986) and

 its supplements)..e~the “Hazardous

Waste Combustion Air Quality Screening Procedure”, which arc

 provided in Appendieee~I and

 respectively,

or

 ~!~EPA

SCREEN

Careening Procedure”

 as doooribo-d

in

 Screening

Procedures for Estimating Air Quality Impact of Stationary

Sources,

 Revised”

 (incorporated- by reference in 35

 Ill.

 Ad-rn.

Code 720.111)

 to predict the maximum annual average off-site

ground- level concentration of 2,3,7,8-TCDD equivalents

determined under subsection

 (e) (2), above.

 The maximum

annual average on—site concentration must be used when

a

person resides on—site; and

4)

 The ratio of the predicted maximum annual average ground

level concentration of 2,3,7,8-TCDD equivalents to the risk-

specific dose

 (RSD)

 for 2,3,7,8—TCDD provided in Section

726.Appendix

 E (2.2E-07x10~)must not exceed

 1.0.

f)

 Alternative NC limit for furnaces with organic matter

 in raw

material.

 For industrial furnaces that cannot meet the 20 ppmv NC

limit because of organic matter in normal raw material,

 the Agency

shall establish an alternative NC limit on

 a case—by-case basis

(under a Part B permit proceeding)

at

 a level that ensures that

flue gas NC (and CO)

 concentrations when burning hazardous waste

are not greater than when not burning hazardous waste

 (the

 baseline NC level) provided that the owner or operator complies

with the following requirements.

 However,

 cement kilns equipped-

with a by—pass duct meeting the requirements of subsection

 (g),-

below, are not eligible for an alternative NC limit.

1)

 The owner or operator shall demonstrate that the facility

is

designed- and operated to minimize NC emissions from fuels

and raw materials, and that the facility

 is producing normal

products

under

normal

operating

conditions

feeding

normal

feed-stocks

 and- fuels when the baseline NC

 (and CO)

 level

is

determined.

 The baseline NC level

 is defined

 as the average

over all valid test runs of the highest hourly rolling

average value for each run when the facility does not burn

64

hazardous waste,

 adjusted- as appropriate to consider the

variability of hydrocarbon levels under good combustion

operating conditions.

 The baseline CO level

 is determined-

based on the test runs used to establish the baseline NC

level and is defined as the average over all test runs of

the highest hourly rolling average CO value for each run.

More than one baseline level must be determined

 if the

facility operates under different mod-es that generate

significantly different NC (and CO)

 levels;

2)

 The owner or operator shall develop an approach to monitor

over time changes

 in the operation of the facility that

could reduce the baseline NC level;

3)

 The owner or operator shall conduct emissions testing during

the trial burn to:

A)

 Determine the baseline NC (and CO)

 level;

B)

 Demonstrate that, when hazardous waste is burned, NC

(and- CO)

 levels do not exceed the baseline level;

and

C)

 Identify the types and concentrations of organic

compounds listed in 35

 Ill.

 Ad-rn.

 Code 72l.Appendix

H,

that are emitted and conduct dispersion modeling to

predict the maximum annual average ground level

concentration of each organic compound.

 On—site

ground- level concentrations must be considered for

this evaluation if a person resides on site.

i)

 Sampling and analysis of organic emissions must

be conducted using procedures prescribed by the

Agency pursuant to 35

 Ill.

 Ad-rn. Code

 703.208(a).

ii)

 Dispersion modeling must be conducted according

to procedures provided by subsection

 (e)(2),

above; and

D)

 Demonstrate that maximum annual average ground level

concentrations of the organic compounds identified

in

subsection (f)(3)(C), above, do not exceed- the

following levels:

i)

 For the noncarcinogenic compounds listed

in

Section 726.Appendix D,

 the levels established-

in that Section 726.l~.ppcndixD

ii)

 For the carcinogenic compounds listed in Section

726.Appendix

E,

 the sum

 for all compounds of the

ratios of the actual ground level

 concentration

to the level established in that Section

-726.Append-ix E cannot exceed 1.0.

 To estimate

the health risk from chlorinated dibenzo-p-

dioxins and dibenzofuran congeners, use the

procedures prescribed by subsection

 (e)(3)-,-

above, to estimate the 2,3,7,8-TCDD toxicity

equivalence of the congeners.

iii)

 For compounds not

 listed- in Section 726.Append-ix

D or 726.Appendix

E,

0.1

i*~g/e’~*-m

(micrograms

per cubic meter).

65

4)

 All NC levels specified under this subsection are to be

monitored- and reported as specified

 in subsections

 (c)(l)

and jgI(2), above.

g)

 Monitoring CO and NC in the by—pass duct of

 a cement kiln.

 Cement

kilns may comply with the CO and HC limits provided by subsections

(b),

(c)

and

 (d), above, by monitoring in the by—pass duct

provided that:

1)

 Hazardous waste is fired only into the kiln and not at any

location downstream from the kiln exit relative to the

direction of gas flow; and

2)

 The by-pass duct diverts

 a minimum of 10

 of kiln off—gas

into the duct.

h)

 Use of emissions test data to demonstrate compliance and establish

operating limits.

 Compliance with the requirements of this

Section must be demonstrated simultaneously by emissions testing

or during separate runs under identical operating conditions.

Further, data to demonstrate compliance with the CO and NC limits

of this Section or to establish alternative CO or NC limits under

this Section must be obtained during the time that

DRE

testing,

and where applicable, CDD/CDF testing under subsection

 (e),- above,

and-

comprehensive

organic

emissions

testing

under

subsection

 (f)-r

above,

is conducted.

i)

 Enforcement.

 For the purposes of permit enforcement, compliance

with the operating requirements specified in the permit

 (under

Section 726.202) will be regarded as compliance with this Section.

However, evidence that compliance with those permit conditions

is

insufficient to ensure compliance with the requirements of this

Section is

 “information” justifying modification or revocation

and-

re—issuance of a permit under

35

 Ill.

 Ad-rn.

Code 703.270 et

 Beq.

(Source:

 Amended- at

 18 Ill.

 Reg.

_________,

effective

______________________-

Section 726.206

 Standard-s to eQontrol Metals Emissions

a)

 General.

 The owner or operator shall comply with the metals

standards provided- by subsections

 (b),

 (c),

 (d),

(e)

or

 (f)-,

below, for each metal

 listed-

 in subsection (b), below, that

is

present in the hazardous waste at detectable levels using

analytical procedures specified in Test Methods for Evaluating

Solid Waste, Physical/Chemical Methods~+SW—846)-,

 incorporated by

reference

 in 35

 Ill.

 Ad-rn.

 Code 720.111.

b)

 Tier

I

 feed- rate screening limits.

 Feed rate screening limits

for

metals are specified in Section 726.Appendix A as

 a function of

terrain—adjusted effective stack height

 (TESH)

 and terrain and

land- use in the vicinity of the facility.

 Criteria for facilities

that are not eligible to comply with the screening limits are

provided in subsection

 (b)(7), below.

1)

 Noncarcinogenic metals.

The

 feed- rates of the

noncarcinogenic metals

 in all

 feed- streams,

 including

hazardous waste,

 fuels and industrial furnace feed stocks

must not exceed the screening limits specified

 in Section

726.Appendix A.

A)

 The feed rate screening limits

 for antimony,

 barium,

mercury, thallium and silver are based on either:

66

i)

 An hourly rolling average as defined

 in Sections

726.200(g)

 and 726.202(e)(6)(A)(ii);

or

ii)

 An instantaneous limit not to be exceeded at

any

time.

B)

The

 feed- rate screening limit

 for lead

is

 based- on one

of the following:

i)

 An hourly rolling average as defined in Sections

726.200(g) and 726.202(e) (6) (A)(ii);

ii)

 An averaging period of 2 to 24 hours

 as defined

in Section 726.202(e)(6)(B) with an

instantaneous feed rate limit not to exceed

10

times the

 feed- rate that

 would- be allowed on an

hourly rolling average basis; or

iii)

 An instantaneous limit not to be exceed-ed at any

time.

2)

 Carcinogenic metals.

A)

 The feed rates of carcinogenic metals

 in all

 feed

streams,

 including hazardous waste,

 fuels and

industrial furnace feed stocks must not exceed values

derived from the screening limits specified in Section

726.Appendix A.

 The feed rate of each of these metals

is

 limited- to

 a level such that the sum of the ratios

of the actual feed rate to the feed rate screening

limit specified in Section 726.Append-ix A must not

exceed 1.0,

 as provided by the following equation:

~A.

~tM(~i:ri)

1.0

where:

CU2I(Xi)Z

 A../F. means the sum of the values

of ~

 for each metal

 “i”,

 from

i

 1 to

n.

n

 number of carcinogenic metals

 the actual feed rate to the device

for metal

 “i”

F42

the

 feed- rate screening limit

provided by Section 726.Append-ix

A

for

metal

 “i”.

B)

The

 feed- rate screening limits

 for the carcinogenic

metals are based on either:

i)

 An hourly rolling average;

or

ii)

 An averaging period of

 2 to 24 hours,

 as defined

67

in Section 726.202(e)(6)(B),

 with an

instantaneous

 feed- rate limit not to exceed

10

times the feed rate that would be allowed on an

hourly rolling average basis.

3)

 TESH (terrain adjusted- effective stack height).

A)

 The TESN

is

 determined- according to the following

equation:

TESH

H

P

T

where:

N

 Actual physical stack height

 (rn)

P

 Plume rise

 (in m)

 as determined from

Section 726.Append-ix F as a function of

stack flow rate and stack gas exhaust

temperature.

T

 Terrain rise (in m) within five

kilometers

 of the stack.

B)

 The stack height

(N)

 must not

 exceed- good engineering

practice stack height, as defined-

 in Section

726.200(g).

C)

 If the~TESHcalculated pursuant to subsection

(b)(3)(A), above, is not listed in Sections

726.Appendieee~A through 726.Appendix

C,

 the values

for the nearest lower TESH

 listed in the table must be

used.

 If the TESH is four meters or less,

 a value

based on four meters must be used-.

4)

 Terrain type.

 The screening limits are

 a function of

whether the facility is located

 in noncomplex or complex

terrain.

 A device located where any part of the surrounding

terrain within 5 kilometers of the stack equals or exceeds

the elevation of the physical stack height

(H)

 is considered

to be in complex terrain and the screening Limits

for

complex terrain apply.

 Terrain measurements are to be made

from U.S.

 Geological Survey 7.5—minute topographic maps of

the area surrounding the facility.

5)

 Land use.

 The screening limits are a function of whether

the facility

 is located in an area where the land use is

urban or rural.

 To determine whether land use in

the

vicinity of the facility

 is urban or rural, procedures

provided in Section 726.Appendieee~I

 (“eye”)

 or Section

726.Appendix

 J shall be used.

6)

 Multiple stacks.

 Owners and operators of facilities with

more than one on—site stack from a BIF,

 incinerator

 or other

thermal treatment unit subject to controls of metals

emissions under a RCRA permit or interim status controls

shall comply with the screening limits

 for all such units

assuming all hazardous waste

 is fed into the device with the

worst—case stack based on dispersion characteristics.

The

stack with the lowest value of K

 is the worst—case stack.

K

is determined from the following equation as applied to each

stack:

68

K

 N~-x V~-x T

Where:

K

 a parameter accounting for relative

influence of stack height

 and- plume

 rise;

H

 physical stack height

 (meters);

V

 stack gas flow rate

(e~1—m~/sec

(cubic meters

per second)

and

T

 exhaust temperature (degrees K).

7)

 Criteria for facilities not eligible

 for screening

Limits.

If any criteria below are met, the Tier

I

 (and Tier

II)

screening limits do not apply.

 Owners and operators of such

facilities shall comply with either the Tier III

 standards

provided by subsection (d), below or with the adjusted Tier

I

 feed- rate screening limits provided- by subsection

(e)

below.

A)

 The device

 is located in a narrow valley less than one

kilometer wide;

B)

 The device has a stack taller than 20 meters and

is

located such that the terrain rises to

the physical

height within one kilometer of the facility;

C)

 The device has

 a stack taller than 20 meters and

is

located within five kilometers of

 a shoreline of

a

large body of water such

 as an ocean or large lake;

D)

 The physical stack height of any stack

 is less than

2.5 times the height of any building within five

building heights or five projected building widths

of

the stack and the distance from the stack to the

closest boundary

 is within five building heights or

five projected building widths of the associated

building;

or

8)

 Implementation.

 The feed rate of metals in each feed-stream

must be monitored to ensure that the feed rate screening

limits are not exceeded.

c)

 Tier II emission rate screening limits.

 Emission rate screening

limits are specified- in Section 726.Append-ix A as

 a function of

TESH and terrain and land use in the vicinity of the facility.

Criteria for facilities that are not eligible to comply with the

screening limits are provided- in subsection

 (b)(7), above.

1)

 Noncarcinogenic metals.

 The emission rates of

noncarcinogenic metals must not exceed the screening limits

specified in Section 726.Append-ix A.

2)

 Carcinogenic metals.

 The emission rates of carcinogenic

metals must not exceed values derived from the screening

limits specified

 in Section 726.Appendix A.

 The emission

rate of

 each of these metals

 is limited to a level

 such that

the

 sum of the ratios of the actual emission rate

to the

emission rate screening limit specified-

 in Section

726.Appendix A must

not

 exceed

 1.0,

 as provided- by the

following equation:

EUH(Ai/Ei) ~

where:

SUH(Xi)-E AlE,

means the sum of the values of

 for each metal

 “i”,

 from i

 1 to n.

n

 number

of carcinogenic metals

A4~

 the actual emission rate to the device

for

metal

 “i”

E~

 the emission rate screening limit provided

by Section 726.Appendix A for metal

 “i”.

3)

 Implementation.

 The emission rate limits must be

implemented by limiting feed rates of the individual metals

to levels during the trial burn

 (for new facilities or an

interim status facility applying for

 a permit)

 or the

compliance test

 (for interim status facilities).

 The feed

rate averaging periods are the same as provided- by

subsections (b)(1)(A)~ai’~é (b)(1I(B).,. and

 (b)(2)(B), above.

The

 feed- rate of metals in each feed-stream must be monitored

to ensure that the feed rate limits for the feed-streams

specified- under Sections 726.202 or 726.203 are

not

exceed-ed.

4)

 Definitions and limitations.

 The definitions and

limitations provided by subsection

 (b), above, and

726.200(g)

 for the following terms also apply to the Tier

II

emission rate screening limits provided- by this

 subsection

Cc):

 TESH,

 good- engineering practice stack height, terrain

type,

 land use and criteria for facilities not eligible to

use the screening limits.

5)

 Multiple stacks.

A)

 Owners and operators of facilities with more than one

on—site stack from a BIF,

 incinerator or other thermal

treatment

unit

subject

controls

metals

emissions

under

a

RCRA permit

or interim status controls shall

comply with the emissions screening limits for any

such stacks assuming all hazardous waste

is

 fed into

the device with the worst—case stack based on

dispersion characteristics.

B)

 The worst—case stack is determined by procedures

provided

 in subsection

 (b)(6), above.

C)

 For each metal, the total

 emissions

 of the metal

 from

those stacks must not exceed the screening limit

for

the worst—case stack.

d-)

 Tier III

 site—specific risk assessment.

 The requirements of this

70

subsection apply to facilities

 complying with either the Tier III

or Adjusted Tier

 I except where specified otherwise.

1)

 General.

 Conformance with the Tier III metals

 controls must

be demonstrated by emissions testing to determine the

emission rate for each metal.

 In addition,

 conformance with

either

Tier

III

Adjusted

Tier

metals

controls

must

demonstrated by air dispersion modeling to predict the

maximum

annual average off—site ground level concentration

for each metal and a demonstration that acceptable

ambient

levels are not exceed-ed.

Acceptable

ambient

levels.

Sections

726.Appendieee~

and

726.A~Pendix

list

the

acceptable

 ambient

levels

for

purposes of this Subpart.

 Reference air concentrations

(RAC5)

 are listed for the noncarcinogenic metals and 1E—

94x10~RSD5 are listed for the carcinogenic metals.

 The RSD

for a metal

 is the acceptable ambient level for that metal

provided that only one of the four carcinogenic metals

is

emitted.

 If more than one carcinogenic metal

 is emitted-,

theacceptable ambient level for the carcinogenic metals

is

a fraction of the RSD as described in subsection (d)(3),

below.

3)

 Carcinogenic metals.

 For the carcinogenic metals the sum of

the ratios of the predicted maximum annual average off—site

ground level concentrations (except that on—site

concentrations must be considered

if

 a person resides on

site) to the RSD for all carcinogenic metals emitted must

not exceed 1.0 as determined by the following equation:

“P.

~

SUM(Pi/Ri) ?

1.0

where:

CUH(Xi)E

PIE. means the sum of the values

of

 for each metal

 “i”,

 from

i

 1 to

n.

 number of carcinogenic metals

P~

the

pPredicted

 ambient

concentration

for

metal

i.

the

RSD

for

metal

4)

 Noncarcinogenic metals.

 For the noncarcinogenic metals,

the

predicted maximum annual average off—site ground

 level

concentration for each metal must not exceed the

RAC.

5)

 Multiple stacks.

 Owners

and operators of facilities with

more than one on—site Btack from a BIF, incinerator or other

thermal treatment unit subject to controls on metals

emissions under a

RCRA permit

or interim status controls

shall conduct emissions testing (except that facilities

 complying with Adjusted Tier

I

 controls need not conduct

emissions

testing)

and-

dispersion

modeling

demonstrate

71

that

the

aggregate

emissions

from

all

such

on—site

stacks

not

result

exceedance

the

acceptable

ambient

levels.

6)

 Implementation.

 Under Tier

 III,

the

metals

controls

must

implemented- by limiting feed rates of the individual metals

to levels during the trial burn (for new facilities or an

interim

status

facility

applying

for

permit)

the

compliance test

 (for interim status facilities).

 The feed

rate averaging periods are the same as provided by

subsections

(b)(1)(A)~

and

(b)(1~(B).,

and

(b)(2)(B),

above.

The feed rate of metals

 in each feed-stream must be monitored

to ensure that the

 feed- rate limits

 for the

 feed-streams

specified under Sections 726.202 or 726.203 are not

exceeded.

e)

 Adjusted Tier

 I feed rate screening

 limits.

 The owner or operator

may

adjust

the

feed

 rate screening limits provided by Section

726.Append-ix A to account for Bite—specific dispersion modeling.

Under this approach, the adjusted

 feed- rate screening limit

for

a

metal

 is determined by back-calculating from the acceptable

ambient levels provided- by Sections 726.Appendieee~D and

726.Appendix E using diapersion modeling to determine the maximum

allowable emission rate.

 This emission rate becomes the adjusted

Tier

 I feed rate screening

 limit.

 The feed rate screening limits

for

carcinogenic

metals

are

 implemented as prescribed- in

subsection

 (b)(2), above.

f)

 Alternative implementation approaches.

1)

 Pursuant to subsection

 (f)(2), below, the Agency shall

approve on a case—by—case basis approaches to implement the

Tier II or Tier III metals emission limits provided by

subsectione

(c)

 or (d), above, alternative to monitoring the

feed rate of metals

 in each feed-stream.

2)

 The emission limits provided by subsection

 (d),

 above-,- must

be determined- as follows:

A)

 For each noncarcinogenic metal, by back—calculating

from the

RAC

provided in Section 726.Apperidix D to

determine the allowable emission rate for each metal

using the dilution factor

 for the maximum annual

average ground level concentration predicted by

dispersion modeling

 in conformance with subsection

(h), below;

and

For

each

carcinogenic

metal

by:

i)

 Back—calculating from the RSD provided-

in

Section 726.Appendix E to determine the

allowable emission rate for each metal

 if that

metal were the only carcinogenic metal emitted

using

the

dilution

factor

for

the

maximum

annual

average ground- level concentration predicted by

dispersion modeling in conformance with

subsection

(h),

below;

and

ii)

 If more than one carcinogenic metal

 is emitted,

selecting an emission limit for each

carcinogenic metal not to exceed the emission

rate determined by subsection

 (f)(2)(B)(i),

72

above,

 such that the

sum

for all carcinogenic

metals of the

 ratios of the selected emission

limit to the emission rate determined by that

subsection does not exceed 1.0.

g)

 Emission testing.

1)

 General.

 Emission testing for metals must be conducted

 using the Multiple Metals Train as described

 in Section

726.Appendix

I

 (“eye”).

2)

 Hexavalent chromium.

 Emissions of chromium are assumed to

be hexavalent chromium unless the owner or operator conducts

emissions testing to determine hexavalent chromium emissions

using procedures prescribed

 in Section 726.Appendix

I

(“eye”~

h)

 Dispersion modeling.

 Dispersion modeling required under this

Section must be conducted according to methods recommended in

Section 72-6.Appcndiu

340 CFR 51,

 appendix W (“Guideline on Air

Quality Models

 (Revised-)”

 (1986)

 and- its supplements),

the

“Hazardous Waste Combustion Air Quality Screening Procedure”

described in Section 726.Append-ix

I

 (“eye”),

or

 in”EP?~.SCREEN

Screening Procedure”

 as doocribed -in Screening Procedures

for

Estimating the Air Quality Impact of Stationary Sources,

 Revised”

(thc latter document is incorporated by reference, eeej~ji35

 Ill.

Ad-rn.

 Code 720.111) to predict the maximum annual average off—site

ground level concentration.

 However, on—site concentrations must

be considered when a person resides on—site.

i)

 Enforcement.

 For the purposes of permit enforcement, compliance

with the operating requirements specified in the permit

 (under

Section 726.202) will be regarded- as compliance with this Section.

However, evidence that compliance with those permit conditions

is

insufficient to ensure compliance with the requirements of this

Section is

 “information” justifying modification or revocation and

re—issuance of a permit under 35

 Ill.

 Ad-rn.

Code 703.270 et

 seq.

(Source:

 Amend-ed- at

18

 Ill.

 Reg.

_________,

 effective

______________________

Section 726.212

 Regulation of Residues

A residue derived- from the burning or processing of hazardous waste

 in a BIF

is not excluded from the definition of a hazardous waste under 35

 Ill.

 Ad-rn.

Code 721.104(b)(4),

J~J(7)~

or

 (b)(8)

 unless the device and the owner or

operator meet the following requirements:

a)

 The device meets the following criteria:

1)

 Boilers.

 Boilers must burn at

 least 50

 coal on a total

heat input or mass basis, whichever results

 in the greater

mass feed rate of coal;

2)

 Ore or mineral

 furnaces.

 Industrial furnaces

 subject to

35

Ill.

 Ad-rn.

 Code 721.104(b) (7) must process at least

50

by

weight normal, nonhazardous raw materials;

3)

 Cement kilns.

 Cement kilns must process

 at least

50

by

weight normal cement—production raw materials;

b)

 The owner or operator demonstrates that the hazardous waste does

not significantly affect the residue by demonstrating conformance

73

with either of the following criteria:

1)

 Comparison of waste—derived- residue with normal residue.

The waste—derived- residue must not contain 35 Ill.

 Ad-rn.

 Code

721.Appendix H constituents

 (toxic constituents)

 that could

reasonably be attributable to the hazardous waste at

concentrations significantly higher than

 in residue

generated without burning or processing of hazardous waste,

using the following procedure.

 Toxic compounds that could

reasonably be attributable to burning or processing the

hazardous waste

 (constituents of concern)

 include toxic

constituents

 in the hazardous waste,

 and- the organic

compounds

 listed- in 35

 Ill.

 Ad-rn.

Code 72l.Appendix H that

may be PICs.

 Sampling and analyses must be in conformance

with procedures prescribed in ~Test Methods for Evaluating

Solid Waste,

 Physical/Chemical Methods”,

 U.S. EPA

Publication SW—846,

 incorporated by reference in 35

 111.

Ad-rn.

Code 720.111(a).

A)

 Normal residue.

 Concentrations of toxic constituents

of concern

 in normal residue must be determined based

on analyses of a minimum of

 10 samples representing a

minimum of 10 days of operation.

 Composite samples

may be used to develop a sample for analysis provided

that the compositing period does not exceed

 24 hours.

The upper tolerance limit

 (at 95

 confidence with a

95

 proportion of the sample distribution) of the

concentration in the normal residue shall be

considered- the statistically—derived- concentration in

the normal residue.

 If changes in raw materials or

fuels reduce the statistically—derived concentrations

of the toxic constituents of concern in the normal

residue, the statistically—derived concentrations must

be revised or statistically—derived concentrations of

toxic constituents in normal residue must be

established for a new mode of operation with the new

raw material or fuel.

 To determine the upper

tolerance Limit in the normal residue,

 the owner or

operator shall use statistical procedures prescribed

in “Statistical Methodology for Bevill Residue

Determinations”

 in Section 726.Append-ix

I

 (“eye”).

B)

 Waste—derived- residue.

 Waste derived residue must be

sampled- and analyzed as often as necessary to

determine whether the residue generated during each

 24—hour period has concentrations of toxic

constituents that are higher than the concentrations

established- for the normal residue under subsection

(b)(1)(A), above.

 If so,

 hazardous waste burning

has

significantly affected the residue

 and- the residue

is

not excluded from the definition of

 “hazardous waste’.

Concentrations of toxic constituents

 in waste—derived

residue must be determined based- on analysis of one or

more samples obtained over

 a 24—hour period.

 Multiple

samples may be analyzed,

and

multiple samples may be

taken to form a composite sample for analysis provided

that the sampling period- does not exceed

 24 hours.

If

more than one sample is analyzed to characterize

waste—derived- residues generated over a 24—hour

period, the concentration of each toxic constituent

must be the arithmetic mean of the concentrations

in

the samples.

 No results can be disregard-ed;

or

2)

 Comparison of waste—derived residue concentrations with

health—based- limits.

A)

 Nonmetal constituents.

 The concentratione of each

nonmetal toxic constituente of concern

 (specified in

subsection

 (b)(l), above)

 in the waste-derived- residue

must not exceed the health—based levele specified

in

Section 726.Appendix G, or the level of detection

(using analytical procedures prescribed in “Test

Methods for Evaluptinci Solid Waste,

 Physical/Chemical

Methods”,

 U.S. EPA Publication SW—846.~incorporated- by

reference

 in 35

 Ill.

 Ad-rn.

 Code 720.111),

 whichever

is

higher.

If

 a health—based- limit

 for a constituent

of

concern is not listed

 in Section 726.Appendix G, then

a limit of 0.002 ~*j~g/kgor the level of

 detection

(using analytical procedures prescribed- in “Test

Method-s for Evaluating Solid Waste,

 Physical/Chemical

Methods”,

 U.S. EPA Publication SW—846,

 incorporated by

reference in 35 Ill.

 Ad-rn.

 Code

720.111), whichever is

higher,

 must be used.

 The levels

 specified in Section

726.Appendix G

 (and- the default level of 0.002

 uci/kci

or the level of detection

 for constituents,

as

identified

 in Note

 1 of Section 726.Appendix

G)

are

administratively stayed under the condition,

 for those

constituents specified in subsection (b)(l) above,

that the owner or operator complies with alternative

levels defined as the land disposal restriction

limits

specified in

35

 Ill.

 Ad-rn.

 Code 728.143 and 728.Table B

for F039 nonwastewaters.

 In complying with those

alternative levels,

 if an owner or operator is unable

to detect

 a constituent

 despite documenting use of

the

best good-faith efforts,

as

 defined- by applicable U.S.

EPA

guidance

and

standards,

the

owner

operator

deemed- to be in compliance for that constituent.

Until U.S. EPA develops new guidance or standards, the

owner or operator may demonstrate such good—faith

efforts bY achieving a detection limit for the

constituent that does not exceed an order of magnitude

above

 (ten times) the level provided- bY 35

 Ill.

 Adm.

Code 728.143 and 728.Table B for F039 nonwastewaters.

The stay will remain in effect until

 further rule-

making action

 is taken

and

B)

 Metal constituents.

 The concentration of metals

in

an

extract obtained using the TCLP test must not exceed

the levels specified- in Section 726.Appendix G;

and

C)

 Sampling

 and- analysis.

 Wastewater—derived- residue

must be sampled and analyzed- as often as necessary to

determine whether the residue generated during each 24

hour period- has concentrations of toxic constituents

whiohthat are higher than the health-based levels.

 Concentrations of concern in the wastewater—derived

residue must be determined- based- on analysis

 of one or

more samples obtained over a 24—hour period.

 Multiple

samples may be analyzed,

 and- multiple samples may be

taken to form a composite for analysis provided that

the sampling period does not exceed

 24 hours.

 If more

than one sample

 is analyzed- to characterize waste—

derived- residues generated- over a 24 hour period,

the

concentration of each toxic constituent

is

the

arithmetic mean of the concentrations of the samples.

75

No results can be disregarded; and-

c)

 Records sufficient to document compliance with the provisions of

this Section must be retained until closure of the BIF unit.

 At a

minimum,

 the following must be

 recorded-:

1)

 Levels of constituents

in

35

 Ill. Adm. Code 72l.Appendix

H

that are present in waste—derived residues;

2)

 If the waste—derived- residue

 is compared with normal residue

under subsection

 (b)(1), above:

A)

 The levels of constituents in

35

 Ill.

 Ad-rn.

 Code

721.Appendix N that are present in normal residues;

and

B)

 Data and information,

 including analyses of samples

as

necessary, obtained- to determine if changes

 in raw

materials or fuels would- reduce the concentration of

toxic constituents of concern in the normal residue.

(Source:

 Amended at 18 Ill. Reg.

_________,

 effective

______________________

Section 726.Appendix G

 Health—Based- Limits for Exclusion of Waste—Derived

Residues

BOAflD

NOTE:

 ~Under Section 726.212(b)(2)(A)~ the health—based- concentration

limits

for

35

 Ill.

 Ad-rn.

Code 72l.Appendix N constituents for which a health-

based concentration is not provided below is 0.002 ug/kg (0.000002E 06 mg/kgj.

NOTE

2:

 The levels specified in this Section and the default

 level of 0,002

ug/kcz

 (0.000002 mg/kg) or the level of detection for constituents,

as

identified- in Note

 1, are administratively stayed under the condition,

for

those constituents specified in Section 726.212(b)(l), that the owner or

operator complies with alternative levels defined- as the land disposal

restriction limits specified in 35

 Ill.

 Ad-rn.

 Code 728.143 and 728.Table B

for

F039 nonwastewaters.

 See Section 726.212(b~(2)(A).

Metals—TCLP Extract Concentration Limits

Constituent

 CAS No.

 Concentration

limits

 (mg/L)

Antimony

 7440—36—0

 1.E+00

Arsenic

 7440—38—2

 5.E-4-00

Barium

 7440—39—3

 lOO.g+0-2

Beryllium

 7440—41—7

 0.007E—03

Cadmium

 7440—43—9

 l.E+00

Chromium

 7440—47—3

 5.Ei-00

Lead-

 7439—92—1

 5.E+00

Mercury

 7439—97—6

 ~2E-01

Nickel

 7440—02—0

 70.E1-Ol

Selenium

 7782—49—2

 l.E+00

Silver

 7440—22—4

 5.E+00

Thallium

 7440—28—0

 7.E+00

76

Acetonitrile

Acetophenone

Acrolein

Acrylamid-e

Acrylonitrile

Aldrin

Nonrnetals—Residue Concentration Limits

75—05—8

98—86—2

107—02—8

79—06—1

107—13—1

309—00—2

Concentration

limits

for

residues

(mg/kg)

0.2E—Ol

4,~Et00

0.5E 01

0.0002E—04

0. 0007E-04

0.00002?—

Allyl alcohol

Aluminum

phosphide

Aniline

Barium

cyanide

Benz(a)anthracene

Benzene

Benzid-me

107—18—6

20859—73—8

62—53—3

542—62—1

56—55—3

71—43—2

92—87—5

0.2E—Ol

0.Olg-02

0.06E 02

1.~.E-#00

0.0001E—04

0.OOSE-03

0. 000001?—

Bis (2—chloroethyl)

ether

Bis

(

chloromethyl)

ether

111—44—4

542—88—1

0.0003E

04

0.000002?—

Big (2-ethylhexyl)

phthalate

Bromoform

Calcium cyanide

Carbon

d-isulfide

Carbon

tetrachloride

Chlordane

Chlorobenzene

Chloroform

Copper cyanide

Cresols

(Cresylic

acid)

Cyanogen

DDT

Dibenz(a,

h)—anthracene

1, 2—Dibromo—3—chloropropane

p—Dichlorobenzene

Dichlorod-i fluoromethane

1, 1-Dichloroethylene

2, 4—Dichlorophenol

1, 3—Dichloropropene

Dield-rin

Diethyl

phthalate

Diethylstilbestrol

Dimethoate

2, 4-Dinitrotoluene

Diphenylamine

1, 2-Diphenylhydrazine

Endosulfan

End-nfl

Epichlorohydr

Ethylene

dibromide

117—81—7

75—25 —2

592—01—8

75—15—0

56—23—5

57—74—9

108—90—7

67—66—3

544—92—3

1319—77—3

460—19—5

 50—29—3

53— 70—3

96—12—8

106—46—7

75—71—8

75—35—4

120—83—2

542—75—6

60—57—1

84—66—2

56—53—1

60—51—5

121—14—2

122—39—4

122—66—7

115—29—7

72—20—8

106—89—8

106—93—4

30.E+Ol

0.7E—Ol

0.000001?—

4.~.E+00

0. 005E—03

0. 0003E—04

1.~E~00

0.06E 02

0.

2E—01

2.E+00

l~E~00

0.OOlE

03

0.000007?—

0.00002?—

0.07.SE—02

7~E

00

0.005E 03

0.

1E—0-1

0. 001E—03

0. 00002?-—

30.E+01

0. 0000007E—07

0.03E

02

0.0005E

04

0. 9E—Ol

0. 0005E—04

0.002E

03

0.0002E

04

0.04E—02

0.0000004E 07

0. 0003E-04

Constituent

 CAS No.

G6

Ethylene

oxide

 75—21—8

77

Fluorine

Formic acid

Iieptachlor

Heptachlor epoxid-e

7782—41—4

64—18—6

76—44—8

1024—57—3

04

4~E+00

70.E-$-01

0.00008?—

0.00004?—

Hexachlorobenzene

Hexachlorobutad-iene

Hexachlorocyclopentadiene

Mexachlorodibenzo—p—dioxins

Hexachloroethane

Hydrazme

Hydrogen cyanide

118—74—1

87—68—3

77—47—4

19408—74—3

67—72—1

302—01—1

74—90—8

0. 0002 E—04

0.005~-03

0.2E

0.00000006?—

08

0.03? 02

0.0001E

04

0. 00007?—

Hydrogen sulfide

Isobutyl alcohol

Methomyl

Methoxychlor

3—Methylcholanthrene

7783—06—4

78—83—1

16752—77—5

72—43—5

56—49—5

06

0.000001?—

lO.E+0J.

l~~E*00

0.1~01

0.00004?—

4,4’—Methylenebis (2—chloroaniline)

Methylene chloride

Methyl ethyl ketone

 (MEK)

Methyl hydrazine

Methyl parathion

Naphthalene

Nickel cyanide

Nitric oxide

Nitrobenzene

N—Nitrosodi-n-butylarnine

101—14—4

75—09—2

78—93—3

60—34—4

298—00—0

91—20—3

557—19—7

10102—43—9

98—95—3

924—16—3

0.002E—03

0.05E- 02

2 .E-4-00

0.0003E-04

0.02E—02

 10.E+Ol

0.7E 01

4.!.?-00

0.02E—02

0.00006?—

N-Nitrosod-iethylamine

 55—18—5

 0.000002?—

N-Nitroso-N-methylurea

N—Nitrosopyrrolidine

Pentachlorobenzene

Pentachloronitrobenzene (PCNB)

Pentachloropheno1

Phenol

Phenylmercury acetate

Phosphine

Polychloninated- biphenyls, N.O.S

Potassium cyanide

Potassium silver cyanide

Pronarnide

Pyrid-ine

Reserpine

684—93—5

930—55—2

608—93—5

82—68—8

87—86—5

108—95—2

62—38—4

7803—51—2

1336—36—3

151—50—8

506—61—6

23950—58—5

110—86—1

50—55—5

0.0000001E 07

0. 0002E-01

0.03E—02

0.lE

01

l.~E-F00

l.~E+00

0.003E—03

0.01E

02

0. 00005?—

04

2.~E+00

7~E

 -s-00

3~~E

 -FOp

0.04E—02

0. 00003?-—

Selenourea

Silver cyanide

Sodium cyanide

Strychnine

1,2,4,5—Tetrachlorobenzene

1,1,2,2—tetrachloroethane

Tetrachloroethylene

2,3,4,6—Tetrachlorophenol

Tetraethyl

 lead

630—10—4

506—64—9

143—33—9

57—24—9

95—94—3

 79—34—5

127—18—4

58—90—2

78—00—2

0.2E

4~E+00

l~E+00

0.01E

02

0.01E

02

0.002E

03

0.7E—Ol

0.O1E

02

0.000004?—

78

Thiourea

Toluene

Toxaphene

1,1,2-Trichloroethane

Trichloroethylene

Tnichloromonofluoromethane

2,4,5-Tnichlorophenol

2,4,6—Trichlorophenol

Vanadium pentoxide

Vinyl chloride

62—56—6

108—88—3

8001—35—2

79—00—5

79—01—6

75—69—4

95—95—4

88—06—2

1314—62—1

75—01—4

06

0.00025

04

10.E+Ol

0.005E 03

0.006E

03

0.005E 03

10.E+01

4g+pp

4~~E~00

0.7E 01

0.002E—03

SUBPART

TREATMENT

STANDARDS

Applicability of Treatment Standards

Treatment Standards Expressed as Concentrations

 in Waste Extract

(Source:

 Amend-ed

at

18

 Ill.

 Reg.

_________,

 effective

___________

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER c:

 HAZARDOUS

WASTE OPERATING REQUIREMENTS

PART

728

LAND DISPOSAL RESTRICTIONS

SUBPART A:

 GENERAL

(Repealed)

Section

728.101

 Purpose,

 Scope and Applicability

728.102

 Definitions

728.103

 Dilution Prohibited as

 a Substitute for Treatment

728.104

 Treatment Surface Impoundment Exemption

728.105

 Procedures for case—by—case Extensions to an Effective Date

728.106

 Petitions to Allow Land Disposal of

 a Waste Prohibited under

Subpart C

728.107

 Waste Analysis and Record-keeping

728.108

 Land-fill and Surface Impoundment Disposal Restrictions

728.109

 Special Rules for Characteristic Wastes

SUBPART

B:

 SCHEDULE FOR LAND DISPOSAL PROHIBITION

AND

ESTABLISHMENT OF TREATMENT STANDARDS

Section

728.110

 First Third-

728.111

 Second Third

728.112

 Third Third-

728.113

 Newly Listed- Wastes

728.114

 Surface Impoundment exemptions

Section

728.130

 Waste Specific Prohibitions

——

 Solvent Wastes

728.131

 Waste Specific Prohibitions

——

 Dioxin-Containing Wastes

728.132

 Waste Specific Prohibitions

——

 California List Wastes

728.133

 Waste Specific Prohibitions

—-

 First Third- Wastes

728.134

 Waste Specific Prohibitions

—-

 Second Third- Wastes

728.135

 Waste Specific Prohibitions

—-

 Third Third Wastes

728.136

 Waste Specific Prohibitions

—-

 Newly Listed Wastes

728.137

 Waste Specific Prohibitions

—-

 Ignitable and Corrosive

Characteristic Wastes Whose Treatment Standard-s Were Vacated

728.139

 Statutory Prohibitions

Section

728. 140

728. 141

SUBPART

C:

 PROHIBITION ON LAND DISPOSAL

79

Treatment Standards Expressed as Specified- Technologies

Treatment Standards expressed as Waste Concentrations

Adjustment of Treatment Standard

Treatment Standards

 for Hazardous Debris

Alternative Treatment Standards Based on HTMR

SUBPART E:

 PROHIBITIONS ON STORAGE

Section

728.150

 Prohibitions on Storage of Restricted Wastes

728.Append-ix A

728.Appendix

B

728.Appendix C

728.Append-ix D

728.Append-ix E

728.Appendix F

728.Appendix G

728.Append-ix H

728.Appendix

I

728.Table A

728.Table B

 728.Table C

728.Table D

728.Table E

728.Table F

728.Table G

728.Table H

Toxicity Characteristic Leaching Procedure

 (TCLP)

Treatment Standards

 (As concentrations in the Treatment

Residual Extract)

List of Halogenated Organic Compound-s

Organometallic Lab Packs

Organic Lab Packs

Technologies to Achieve Deactivation of Characteristics

Federal Effective Dates

National Capacity LDR Variances for UIC Wastes

EP Toxicity Test Method and Structural

 Integrity Test

Constituent Concentrations in Waste Extract (CCWE)

Constituent Concentrations in Wastes

 (CCW)

Technology Cod-es and Description of Technology—Based-

Standards

Technology—Based- Standards by RCRA Waste Code

Standard-s

 for Radioactive Mixed Waste

Alternative Treatment Standards

 for Hazardous Debris

Alternative Treatment Standards

 Based on HMTR

Wastes Excluded from CCW Treatment Standards

AUTHORITY:

 Implementing Section 22.4

 and- authorized- by Section

 27 of the

Environmental Protection Act

 (Ill. Rev.

 Stat.

 1991,

ch.

 111½,

 pars.

 1022.4 and

1027

415

 ILCS 5/22.4

 and- 27).

SOURCE:

 Adopted- in R87—5 at

11

 Ill. Reg.

 19354,

 effective November

12,

 1987;

amended

 in R87—39 at 12

 Ill.

 Reg. 13046, effective July 29,

 1988;

 amended-

in

R89—1 at

13

 Ill.

 Reg.

 18403, effective November

13,

 1989;

 amended

in R89—9

at

14

 Ill.

 Reg.

 6232,

 effective April

16,

 1990;

 amended- in R90—2 at 14

 Ill.

 Reg.

14470, effective

August

22,

 1990; amended in R90—10

at

14

 Ill.

 Reg.

 16508,

effective September

25,

 1990;

 amended- in R90—ll

at

15

 Ill.

 Reg.

 9462,

effective June 17,

 1991;

 amended- in R92—10 at

17

 Ill.

 Reg.

 5727,

 effective

March

26,

 1993;

 amend-ed in R93—4 at 17

 Ill. Reg.

 20692, effective November 22,

1993; amended

 in R93-16 at

18

 Ill. Reg.

_________,

 effective

________________

amended-

 in R94-7

at

 Ill. Reg.

 effective

SUBPART A:

 GENERAL

Section 728.107

 Waste Analysis and Record-keeping

a)

 Except as specified in Section 728.132,

 where

 a generator’s waste

is listed

 in 35

 Ill.

 Adrn.

Code 72l.Subpart D, the generator shall

test its waste,

 or test an extract using the toot method docoribed

in

3S

 Ill.

 Ad-rn.

 Code 721.Appcndix BToxicity Characteristic

Leaching Procedure, Method

 1311, in “Test Methods for Evaluating

Solid Waste,

 Physical/Chemical Methods”, U.S. EPA Publication SW-

846,

 as incorporated- by reference

 in 35

 Ill.

 Ad-rn.

 Code 720.111,

or

use knowledge of the waste,

 to determine if the waste

is

restricted- from

 land- disposal under this Part.

 Except as

specified- in Section 728.132,

if

 a generator’s waste exhibits one

728. 142

728. 143

728.144

728.145

728. 146

80

or more of the characteristics set out

at

35

 Ill.

 Ad-rn.

Code

721.Subpart C,

 the generator shall test an extract using the ‘~-ee-t

method doppribod in Section 728.Appondix IToxicity Characteristic

Leaching Procedure, Method 1311,

 in “Test Methods for Evaluating

Solid- Waste,

 Physical/Chemical Methods”,

 U.S. EPA Publication SW-

846, as incorporated by reference in 35

 Ill.

 Ad-in.

 Code 720.111,

or

use knowledge of the waste, to determine if the waste is

 restricted from land disposal under this Part.

 If the generator

determines that its waste displays the characteristic of

ignitability

 (D001)

 (and is not in the High TOC Ignitable Liquid-s

Subcategory or is not treated by INCIN,

 FSUBS,

 or RORGS of Section

728.Table C of this Part), or the characteristic or corrosivity

(D002),

 and is prohibited under Section 728.137, the generator

shall determine what underlying hazardous constituents

 (as defined

in Section 728.102 of this Part), are reasonably expected to be

present

 in the DOOl or D002 waste.

1)

If

 a generator determines that the generator

 is managing

a

restricted waste under this Fart and determines that the

waste does not meet the applicable treatment

 standard-s

set

forth in Subpart D of this Part or exceeds, the applicable

prohibition levels set forth

 in Section 728.132 or 728.139,

with each shipment of waste the generator shall notify the

treatment or storage facility in writing of the appropriate

treatment standard set forth

 in Subpart

 D of this Part

 and-

any applicable prohibition levels

 set forth

 in Section

728.132 or 728.139.

 The notice must include the following

information:

A)

 U.S. EPA hazardous waste number;

B)

 The corresponding treatment standards for wastes FOOl

through F005, F039,

 wastes prohibited pursuant to

Section 728.132 or Section 3004(d)

 of the Resource

Conservation and Recovery Act, referenced in Section

728.139.

 Treatment standard-s for all other restricted

wastes must either be

 included-,

 or be referenced- by

including on the notification the

 applicable

wastewater (as defined in Section 728.102(f)) or

nonwastewater

 (as defined in Section 728.102(d))

category,

 the applicable subcatogory made within a

waste code based- on waste—specific criteria

 (such

as

D003 reactive

 cyanid-es),

 and- the Sections and

subsections where the applicable treatment

 standard-

appears.

 Where the applicable treatment standards are

expressed- as specified technologies

 in Section

728.142, the applicable five-letter treatment code

found

 in Section 728.Table C

 (e.g.,

 INCIN,

 WETOX)

 also

must be listed on the notification.

C)

 The manifest number associated- with the shipment of

waste;

and

D)

 For hazardous debris,

 the contaminants subject to

treatment as provided by Section 728.145(b)

 and the

following statement:

 “This hazardous debris

is

subject to the alternative treatment standards of

35

Ill.

 Ad-rn.

 Code 728.145;

and

E)

 Waste analysis data,

 where available.

2)

If

 a generator determines that the generator

 is managing a

81

restricted waste under this Part,

 and determines that the

waste can be land disposed without further treatment, with

each shipment of waste the generator shall submit,

 to the

treatment, storage or land disposal

 facility,

 a notice and

a

certification stating that the waste meets the applicable

treatment standards set forth in Subpart D of this Part and

the applicable prohibition levels set forth in Section

728.132 or 728.139.

 Generators of hazardous debris that

is

excluded from the definition of hazardous waste under

35

Ill.

 Ad-rn.

Code 721.103(c),

35

 Ill.

 Ad-rn.

Code

 728.l03(f)(2)

and 35 Ill.

 Ad-rn.

 Code 720.122

 (i.e.

 debris that

is

delisted-), however are not subject to these notification and-

certififcation requirements.

A)

 The notice must include the following information:

i)

 U.S. EPA hazardous waste number;

ii)

 The corresponding treatment

 standard-s

 for wastes

FOOl through FOOS,

 F039 and wastes prohibited

pursuant to Section 728.132 or Section 3004(d)

of the Resource Conservation

 and- Recovery Act,

referenced- in Section 728.139.

 Treatment

standards for all other restricted- wastes must

either be included or referenced by including on

the notification the applicable wastewater or

nonwastewater

 (as defined in Section 728.102)

category, the applicable subdivisions made

within a waste code based on waste—specific

criteria

 (such as D003,

 reactive cyanides),

 and-

the Section and subsection where the applicable

treatment standard appears.

 Where the

applicable treatment standard-s are expressed as

specified technologies in Section 728.142, the

applicable five-letter treatment

 code found

in

Section 728.Table C

 (e.g.,

 INCIN, WETOX)

 also

must be listed on the notification.

iii)

 The manifest

number

associated with the shipment

of waste;

iv)

 Waste analysis data,

 where available

B)

 The certification must be

 signed- by an authorized

representative and must state the following:

I certify under penalty of law that

 I personally

have examined and am familiar with the waste

through analysis and testing or through

knowledge of the waste to support this

certification that the waste complies with the

treatment standards specified- in

35

 Ill.

 Ad-in.

Code 728.Subpart D

 and- all applicable

prohibitions set forth in

35

 Ill.

 Adrn.

Code

728.132,

 728.139 or Section 3004(d)

 of the

Resource Conservation and Recovery Act.

I

believe that the information

 I submitted is

true,

 accurate and complete.

 I am aware that

there are significant penalties

 for submitting

a

false certification, including the possibility

of a fine and imprisonment.

82

3)

 If a generator’s waste is subject to an exemption from

a

prohibition on the

type

of land disposal method utilized- for

the waste

 (such

as,

 but not limited to,

 a case-by—case

extension under Section 728.105, an exemption under Section

728.106,

 an extension under Section 728.lOl(c)(3) or

a

nationwide capacity variance under 40 CFR 268.Subpart

C

(19892), with each shipment of waste,

 the generator shall

submit a notice with the waste to the facility receiving the

generator’s waste,

 stating that the waste

is

 not prohibited

from land disposal.

 The notice must include the following

information:

A)

 U.S. EPA hazardous waste

number:

B)

 The corresponding treatment standards for wastes FOOl

 through F005,

 F039 and wastes prohibited pursuant to

Section 728.132 or Section 3004(d) of the Resource

Conservation and Recovery Act,

 referenced- in Section

728.139.

 Treatment

 standard-s

 for all

 other restricted

wastes must either be included or be referenced- by

including on the notification the

 and the Section

and- subsection where the applicable treatment standard-

appears.

 Where the applicable treatment standards

are

expressed as specified- technologies in Section

728.142, the applicable five—letter treatment code

found in Section 728.Table C

 (e.g.,

 INCIN,

 WETOX) also

must be

 listed- on the notification.

C)

 The manifest number associated with the shipment

of waste;

D)

 Waste analysis data, where available;

E)

 For hazardous debris, the contaminenets subject to

treatment as provided- by Section 728.145(b)

and

the

following statement:

 “This hazardous debris

is

subject to the alternative treatment standards of

35

Ill.

 Ad-rn.

Code 728.145”;

 and-

F)

 The date the waste is subject to the prohibitions.

4)

 If a generator is managing a prohibited- waste

 in tanks or

containers regulated under 35 Ill.

 Ad-rn. Code 722.134,

and

is

treating such waste in such tanks,

 containers or containment

buildings to meet applicable treatment standards under

Subpart D of this Part, the generator shall develop and

follow

 a written waste analysis plan whiohthat describes the

procedures the generator will carry out to comply with the

treatment standards.

 The plan must be kept on—site in the

generator’s records,

 and- the following requirements must be

met:

A)

 The waste analysis plan must be

 based- on a detailed

chemical and physical analysis of a representative

sample of the prohibited- wastes being treated-,

and

contain all

 information necessary to treat the wastes

in accordance with the requirements of this Part,

including the selected testing frequency.

B)

 Such plan must be filed with the Agency a minimum of

30 days prior to the treatment activity,

 with delivery

verified.

83

C)

 Wastes shipped off-site pursuant to this subsection

must comply with the notification requirements of

Section 728.107(a) (2).

5)

If

 a generator determines whether the waste is restricted

based solely on the generator’s knowledge of the waste, the

generator shall retain all supporting data used to make this

determination on—site in the generator’s

 files.

If

a

generator determines whether the waste is restricted- based

on testing the waste or an extract developed using the test

method described- in Section 728.Appendix

A,

 the generator

shall retain all waste analysis data on site

 in the

generator’s

 files.

6)

If

 a generator determines,

 subsequent to the time of

generation,

 that the generator is managing a restricted

waste whichthat is excluded from the definition of

 hazardous

or solid waste or exempt from regulation as a RCRA hazardous

waste under 35

 Ill.

 Ad-in. Code 721.102 through 721.106,

the

generator shall place,

 in the facility’s

 file,

 a one-time

notice stating such generation,

 subsequent exclusion from

the definition of hazardous or solid waste or exemption from

regulation as

 a RCRA hazardous waste,

 and the disposition of

the waste.

7)

 Generators shall retain on—site a copy of all notices,

certifications, demonstrations, waste analysis data and

other documentation produced pursuant to this Section for at

least five years from the date that the waste

that

 is the

subject of such documentation was

 last sent to on—site or

off—site treatment storage or disposal.

 The five year

record- retention period is automatically extend-ed during the

course of any unresolved enforcement action regarding the

 regulated- activity or as requested by the Agency.

The

requirements of this subsection apply to solid wastes even

when the hazardous characteristic

 is removed prior to

disposal, or when the waste is excluded from the definition

of hazardous or solid- waste under

35

 Ill.

 Ad-rn.

Code 721.102

through 721.106,

 or exempted from regulation

as

 a RCRA

hazardous waste subsequent to the point of generation.

8)

 If a generator

 is managing a lab pack that contains wastes

identified

 in Section 728.Appendix D and wishes to use the

alternative treatment

 standard- under Section 728.142,

with

each shipment

 of waste the generator shall

 submit

 a notice

to the treatment facility

 in accordance with subsection

(a)(l)

 above.

 The generator shall also comply with the

requirements

 in subsections

 (a)(5)

and

 (a)(6)

 above-r and

shall submit the following certification, which must be

signed- by an authorized representative:

I certify under penalty of law that

 I personally have

examined and am familiar with the waste

 and- that the

lab pack contains only the wastes specified in

35

 Ill.

Ad-in.

 Code 728.Appendix D or solid wastes not

 subject

to regulation under 35

 Ill.

 Ad-rn.

 Code 721.

 I am aware

that there are significant penalties

 for submitting a

false certification,

 including the possibility

of

 fine

or imprisonment.

9)

If

 a generator is managing a lab pack that contains organic

wastes specified in Section 728.Append-ix E and wishes to use

84

the alternate treatment standards under Section 728.142,

with each shipment of waste the generator shall submit a

notice to the treatment facility in accordance with

subsection

 (a)(1)

 above.

 The generator also shall comply

with the requirements

in

 subsections

 (a)(5)

 and- (a)(6)

above-,- and shall submit the following certification

~hiohthat must be signed by an authorized representative:

I certify under penalty of law that

 I personally have

examined- and am familiar with the waste through

analysis and testing or through knowledge of the waste

and that the lab pack contains only organic waste

specified

 in 35

 Ill.

 Ad-rn.

Code 728.Appendix E or solid

wastes not subject to regulation under 35

 Ill.

 Ad-rn.

Code 721.

 I am aware that there are significant

penalties for submitting a false certification,

including the possibility of fine or imprisonment.

10)

 Small quantity generators with tolling agreements pursuant

to 35

 Ill.

 Ad-in.

Code 722.120(e)

 shall comply with the

applicable notification and certification requirements of

subsection

(a)

 above for the initial shipment of the waste

subject to the agreement.

 Such generators shall retain on—

site a copy of the notification and certification,

 together

with the tolling agreement,

 for at least three years after

termination or expiration of the agreement.

 The three—year

record retention period is automatically extended following

notification pursuant to Section 31(d)

 of the Environmental

Protection Act,

 until either any subsequent enforcement

action is resolved,

 or the Agency notifies the generator

documents need no be retained.

b)

 Treatment facilities shall test their wastes according to the

frequency specified- in their waste analysis plans as required

by

35

 Ill.

 Ad-rn.

Code 724.113 or 725.113.

 Such testing must be

performed as provided in subsections

 (b)(l),

 (b)(2)

 and-

 (b)(3)

below.

1)

 For wastes with treatment standards expressed as

concentrations in the waste extract

 (Section 728.141),

the

owner

or operator of the treatment facility shall test the

treatment residues or an extract of such residues developed

 using the test method described- in Section 728.Appendix A to

assure that the treatment residues or extract meet the

applicable treatment

 standard-s.

2)

 For wastes prohibited under Section 728.132 or 728.139

whiohthat are not subject to any treatment standards under

Subpart D of this Part, the owner or operator of the

treatment facility shall test the treatment residues

according to the generator testing requirements specified in

Section 728.132 to assure that the treatment residues comply

with the applicable prohibitions.

3)

 For wastes with treatment standards expressed as

concentrations in the waste

 (Section 728.143),

 the owner or

operator of the treatment facility shall test the treatment

residues

 (not an extract of such residues)

 to assure that

the treatment residues meet the applicable treatment

standard-s.

4)

 A notice must be sent with each waste shipment to the land

85

disposal facility whichthat includes the following

information, except that debris excluded from the definition

of the hazardous waste under Section 728.103(f)(2)

 (i.e.,

debris treated by an extraction or destruction technology

provided by Section 728.Table F,

 and debris that

is

d-elisted)

 is subject to the notififcation and certification

requirments of

 subsection

 (d-) below rather than these

 notification

requirments:

A)

 U.S. EPA hazardous waste number;

B)

 The corresponding treatment standards

 for wastes FOOl

through F005,

 P039, wastes prohibited pursuant to

Section 728.132 or Section 3004(d)

 of the Resource

Conservation and Recovery Act,

 referenced in Section

728.139,

 and for underlying hazardous constituents

(as

defined in Section 728.102 of this Part),

 in DOO1 and

D002 wastes if those wastes are prohibited under

Section 728.137 of this Part.

 Treatment standards

for

all other restricted- wastes must either be included,

or be referenced- by including on the notification the

applicable wastewater

 (as defined

 in Section

728.102(f))

 or nonwastewater

 (as defined in Section

728.102(d))

 category,

 the applicable subdivisions made

within

 a waste code based on waste—specific criteria

(such as D003 reactive

 cyanid-es),

 and- the Sections and

subsections where the applicable treatment standard

appears.

 Where the applicable treatment standards are

expressed as specified technologies in Section

728.142,

 the applicable five—letter treatment code

found in Section 728.Table C

 (e.g.,

 INCIN,

 WETOX)

 also

must be listed- on the notification.

C)

 The manifest number associated with the shipment of

 waste; and-

D)

 Waste analysis data,

 where available.

5)

 The treatment facility shall submit a certification with

each shipment of waste or treatment residue of

 a restricted-

waste to the land disposal facility stating that the waste

or treatment residue has been treated- in compliance with

the

treatment standard-s specified

 in Subpart

 D of this Part

 and-

the applicable prohibitions set forth in Section 728.132 or

728.139.

 Debris excluded- from the defirziton of hazardous

waste under Section 728.103(f)(2)

 (i.e., debris treated by

an extraction or destruction technology provided by Section

728.Table

 F, and debris that

 is delisted), however,

is

subject to the notififcation and certication requirments of

subsection

 (d) below rather than the certification

requirements of subsection

 (b)(5).

A)

 For wastes with treatment standards expressed- as

concentrations in the waste extract or

 in the waste

(Sections 728.141 or 728.143),

 or for wastes

prohibited under Section 728.132 or 728.139 whichthat

are not subject to any treatment

 standards under

Subpart

 D of this Part,

 the certification must be

signed by an authorized representative and must state

the following:

I certify under penalty of law that

 I have

86

personally examined

 and- am familiar with the

treatment technology

 and- operation of the

treatment process used to support this

certification and that, based on my inquiry of

those individuals

immediately responsible for

obtaining this information,

 I believe that the

treatment process has been operated and

maintained properly so as to comply with the

performance levels specified in 35

 Ill.

 Adm.

Code 728.Subpart D and all applicable

prohibitions set forth in 35 Ill.

 Ad-rn.

Code

728.132 or 728.139 or Section 3004(d)

 of the

Resource Conservation and Recovery Act without

impermissible dilution of the prohibited waste.

I am aware that there are significant penalties

for submitting a false certification,

 including

the possibility of fine and imprisonment.

B)

 For wastes with treatment

 standard-s expressed as

technologies (Section 728.142), the certification must

be signed by an authorized- representative and must

state the following:

I certify under penalty of law that the waste

has been treated in accordance with the

requirements of

35

 Ill.

 Ad-rn.

Code 728.142.

 I am

aware that there are significant penalties for

submitting

 a false certification,

 including the

possibility of fine and imprisonment.

C)

 For wastes with treatment Btandards expressed as

concentrations in the waste pursuant to Section

728.143,

 if compliance with the treatment standards

in

Subpart D of this Part

 is based

 in part or

 in whole on

the analytical detection limit alternative specified

in Section 728.143(c), the certification also must

state the following:

I certify under penalty of law that

 I have

personally examined and am familiar with the

treatment technology

 and- operation of the

treatment process used to support this

certification and that,

 based on my inquiry of

those individuals immediately responsible for

obtaining this information,

 I believe that the

nonwastewater organic constituents have been

treated by incineration in units operated in

accordance with 35

 Ill.

 Ad-rn.

 Code 724.Subpart

0

or

35

 Ill.

 Ad-rn.

Code 725.Subpart

0,

 or by

combustion in fuel substitution units operating

in accordance with applicable technical

requirements,

and

 I have been unable to detect

the nonwastewater organic constituents despite

having used best good faith efforts to analyze

for such constituents.

 I am aware that there

are significant penalties

 for submitting a

false

certification, including the possibility of fine

 and imprisonment.

6)

 If the waste or treatment

 residue will be

 further managed at

a different treatment or storage facility,

 the treatment,

storage or disposal facility sending the waste or treatment

87

residue off—site must comply with the notice and

certification requirements applicable to generators under

this Section.

7)

 Where the wastes are recyclable materials used in a manner

constituting disposal subject to the provisions

of

35

 Ill.

Ad-rn.

 Code 726.120(b),

 regarding treatment standards and

prohibition levels, the owner or operator

of

 a treatment

facility

 (i.e. the recycler)

 is not required to notify the

receiving facility pursuant to subsection

 (b)(4)

 above.

With each shipment of such wastes the owner or operator of

the recycling facility shall submit

 a certification

described in subsection

 (b)(5)

 above.,- and a notice wKichthat

includes the information listed in subsection

 (b)(4)

 above

(except the manifest number)

 to the Agency.

 The recycling

facility also shall keep record-s of the name and location of

each entity receiving the hazardous waste—derived product.

c)

 Except where the owner or operator is disposing of any waste that

is a recyclable material used in a manner constituting disposal

pursuant to

35

 Ill.

 Ad-rn.

Code 726.120(b),

 the owner or operator of

any

 land- disposal

 facility disposing any waste subject to

restrictions under this Part shall:

1)

 Have copies of the notice and certification specified in

subsection

 (a) or

(b)

 above~,-and the certification specified-

in Section 728.108 if applicable.

2)

 Test the waste, or an extract of the waste or treatment

residue developed using the test method described

 in Section

728.Appendix A or using any method-s required by generators

under Section 728.132,

 to assure that the wastes or

treatment residues are in compliance with the applicable

treatment standards set

 forth in Subpart D

 of this Part and

all applicable prohibitions set forth in Sections 728.132 or

728.139.

 Such testing must be performed- according to the

frequency specified in the facility’s waste analysis plan

as

required- by 35

 Ill.

 Ad-rn.

Code 724.113 or 725.113.

3)

 Where the owner or operator is disposing of any waste that

is subject to the prohibitions under Section 728.133(f)

but

not subject to the prohibitions set forth in Section

728.132, the owner or operator shall ensure that such waste

is the subject of a certification according to the

requirements of Section 728.108 prior to disposal

in

a

landfill or surface impoundment unit, and that such disposal

is

 in accordance with the requirements of Section

728.105(h)(2).

The

same

requirement applies to any waste

that is subject to the prohibitions under Section 728.133(f)

and also is subject to the statutory prohibitions in the

codified prohibitions

 in Section 728.139 or Section 728.132.

4)

 Where the owner or operator

 is disposing of any waste that

is a recyclable material used- in a manner constituting

disposal subject to the provisions of

35

 Ill.

 Adin.

Code

726.120(b), the owner or operator

 is not subject to

subsections

 (c)(1)

 through jg.j(3)

 above with respect to such

waste.

d)

 Generators or treaters w~ethatfirst claim that hazardous debris

is excluded from the definition of hazardous waste under

35

 Ill.

Ad-rn.

 Code 728.103(f)(2)

 (i.e., debris treated by an extraction or

88

destruction technology provided by Section 728.Table F,

 and debris

that has been d-elisted) are subject to the following notification

and certification requirements:

1)

 A one-time notification must be submitted to the Agency

including the following information:

A)

 The name

 and- address of the RCRA Subtitle D facility

 receiving the treated debris;

B)

 A description of the hazardous debris as

 initially

generated, including the applicable U.S. EPA hazardous

waste numbers; and

C)

 For debris excluded- under

35

 Ill.

 Adrn.

 Code

728.103(f)(2), the technology from Section 728.Table

F,

 used to treat the debris.

2)

 The notification must be updated if the debris is shipped

to

a different facility,

 and,

 for debris excluded 35

 Ill.

 Ad-rn.

Code 721.2(d) (1),

if

 a different type

 of debris

 is treated

or

if

 a different technology

 is used to treat

 the debris.

3)

 For debris excluded under 35

 Ill.

 Ad-rn.

 Code 728.1O3(f)(2),

the owner or operator of the treatment facility shall

document and certify compliance with the treatment standards

of Section 728.Table F,

 as follows:

A)

 Record-s must be kept of all

 inspections, evaluations,

and analyses of treated debris that are made to

determine compliance with the treatment standards;

B)

 Record-s must be kept of any data or

 information the

treater obtains during treatment of the debris that

identifies key operating parameters of the treatment

unit;

and

C)

 For each shipment of treated debris,

 a certification

 of compliance with the treatment standards must be

signed by an authorized representative

 and- placed in

the facility’s files.

 The certification must state

the following:

 “I certify under penalty of

 law that

the debris has been treated

 in accordance with the

requirements of

35

 Ill.

 Ad-rn.

 Code 728.145.

I

 am aware

that there are significant penalties for making

a

false certification, including the possibility of fine

and imprisonment.”

(Source:

 Amended at

 18 Ill. Reg.

_________,

 effective

______________________

SUBPART D:

 TREATMENT STANDARDS

Section 728.140

 Applicability of Treatment Standards

a)

 A restricted waste identified-

 in Section 728.141 may be

 land-

disposed only if an extract of the waste or of the treatment

residue of the waste developed using the teot mothod

35

 ILl.

 Ad-rn.

Code 721.Appondix BMethod 1311,

 the Toxicity Characteristic

Leaching

Procedure,

does

not

exceed

the

value

shown

Section

728.Table A

 for any hazardous constituent listed

 in Section

89

728.Table

for

that

waste,

with

the

following

exceptions:

DOO4,

D008,

 K031,

 K084,

 KlOl,

 Kl02, POlO,

 POll,

 P012,

 P036,

 P038 and

U136.

 These wastes may be land disposed only if an extract of the

waste or of the treatment residue of the waste developed using

either the teat method- in 35

 Ill.

 Ad-rn. Code 721.Appcndii~

BMeth~

1310,

 the Extraction Procedure Toxicity Tests or Method 1311,

the

Toxicity Characteristic Leaching Procedure,

 or the test method

in

Section 728.Appendix A does not exceed the value shown in

 Section

728.Table B for

any hazardous constituent

 listed- in Section

728.Table A for that waste.

 Methods 1310 and 1311 are both found

in “Test Methods for Evaluating Solid Waste,

 Physical/Chemical

Methods”,

 U.S. EPA Publication SW—846,

 as incorporated- by

reference in

35

 Ill. Mm.

 Code 720.111.

b)

 A restricted waste for which a treatment technology

is

 specified

under Section 728.142(a)

 or hazardous debris for which a treatment

technology is specified under Section 728.145 may be land disposed-

after

it

 is treated using that specified technology or an

equivalent treatment method- approved- by the Agency under the

 procedures set forth in Section 728.142(b).

 For waste displaying

the characteristic of ignitability (D001)

 and- reactivity

 (DOO3),

that are diluted to meet the deactivation treatment standard in

Section 728.Tables C and D (DEACT),

 the treater shall

 comply with

the precautionary measures specified

in

35

 Ill.

 Ad-rn.

Code

724.117(b)

 and- 35

 Ill.

 Ad-rn.

Code 725.117(b).

c)

 Except as otherwise specified in Section 728.143(c),

 a restricted

waste identified in Section 728.143 may be land disposed only if

the constituent concentrations i~the waste or treatment residue

of the waste do not exceed the value shown in Section 728.Table B

for any hazardous constituent listed-

 in Section 728.Table B

for

that waste.

d)

 If a treatment standard has been established

 in Sections 728.141

through 728.143 for a hazardous waste that

 is itself subject to

those standard-s rather than the standards

 for hazardous debris

under Section 728.145.

(Source:

 Amend-ed- at 18

 Ill.

 Reg.

_________,

effective

______________________

Section 728.141

 Treatment Standards Expressed as Concentrations

 in Waste

Extract

a)

 Section 728.Table A identifies the restricted wastes

 and- the

concentrations of their associated constituents whichthat may not

be exceed-ed by the extract of a waste or waste treatment residual

developed using the tect method in Section 728.2\ppcrtdix ?~Method-

1311,

 the Toxicity Characteristic Leaching Procedure.

 for the

allowable land disposal of such wastes.

 Compliance with these

concentrations is required- based upon grab samples, unless

otherwise noted in Section 728.Table A.

 Method 1311

 is found

in

“Test

 Method-s for Evaluating Solid Waste. Physical/Chemical

Methods”,

 U.S. EPA Publication SW—846.

 as incorporated by

reference in

35

 Ill.

 Ad-rn.

 Code 720.111.

b)

 When wastes with differing treatment standard-s

 for a constituent

of concern are combined for purposes of treatment,

 the treatment

residue must meet the lowest treatment standard for the

constituent of concern,

 except that mixtures of high and low zinc

nonwastewater KO61 are subject to the treatment standard for high

zinc 1(061.

90

c)

 The treatment standard-s for the constituents

 in FOOl through F005

whichthat are listed in Section 728.Table

 A only apply to wastes

which contain one,

 two, or all three

 of these constituents.

If

the waste contains any of these three constituents along with any

 of the other

 26 constituents found in FOOl through FOO5,

 then only

the treatments standards

 in Section 728.Table A are required.

(Source:

 Amended at 18

 Ill. Reg.

_________,

 effective

_____________________

Appendix A

 Toxicity Characteristic Leaching Procedure (TCLP)

The Board incorporates by reference

40

 CFI1

268,

 Append-bc

I

 (198e).

 Thie

incorporation includes no future editions or amendments.

Note:

 The TCLP (Method 1311)

 is published in “Test Methods for Evaluating

Solid Waste,

 Physical/Chemical Methods”, U.S.

 EPA Publication SW-846,

as

incorporated- by reference in 35 Ill.

 Ad-rn.

Code 720.111.

(Source:

Amend-ed

Ill.

Reg.

_________,

 effective

_____________________

Section 728.Appendix

I

 EP Toxicity Test Method- and Structural Integrity Test

 Board inoorporatoc

i~v

roforcnoo

 40 CPa 268, Append

 adootcu

 ~it.

Foci.

fletr.

.isie,

 January

.3.L,

i~s#i..

inic

 Section inoornoratec no ruturo

 amcndrncnta

or editions.

Note:

 The EP

 (Method 1310)

 is published in “Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods”, U.S. EPA Publication SW—846, as

incorporated by reference in 35

 Ill.

 Ad-rn.

Code 720.111.

(Source:

 Amended at

18

 Ill. Reg.

_________,

 effective

_____________________