ILLINOIS POLLUTION CONTROL BOARD
December
16, 1993
IN THE MATTER OF:
)
R93—16
RCRA
UPDATE, USEPA REGULATIONS
)
(Identical
in Substance Rules)
(1—1—93 THROUGH 6—30—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 Athninistrative
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 the ~ove
order was adopted by the
Board on the
___________
day of
i”~-~--’
,
1993,
by a vote
of
7-~
~.
~‘DorothyM. 4unn, Clerk
Illinois Pollution Control Board
2
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER
I: POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART
702
RCRA
AND
UIC
PERMIT
PROGRAMS
SUBPART
A:
GENERAL
PROVISIONS
Section
702. 101
702. 102
702.103
702.
104
702.105
702.106
702.107
702.108
702
•
109
702.110
Section
702
•
120
702.121
702.122
702.
123
702
•
124
702.125
702.126
Section
702.140
702.
141
702
•
142
702.143
702.
144
702.145
702.146
702
•
147
702.148
702.149
702
•
150
702.151
702 .152
702.
160
702.161
702.
162
702.163
702.164
Applicability
Purpose and Scope
Confidentiality
References
Ru1~making
Agency Criteria
Permit Appeals
Variances
Enforcement
Definitions
SUBPART B: PERMIT APPLICATIONS
Permit Application
Who
Applies
Completeness
Information Requirements
Recordkeeping
Continuation of Expiring Permits
Signatories to Permit Applications and Reports
SUBPART
C: PERMIT CONDITIONS
Conditions Applicable to all Permits
Duty to Comply
Duty to Reapply
Need to Halt or Reduce Activity Not a Defense
Duty to Mitigate
Proper Operation and Maintenance
Permit Actions
Property Rights
Duty to Provide Information
Inspection and Entry
Nonit~ringand Records
SignaLory Requirements
Reporting Requirements
Establishing Permit Conditions
Duration of Permits
Schedules of Compliance
Alternative Schedules of Compliance
Recording and Reporting
3
SUBPART
D:
ISSUED PERMITS
Section
702.181
Effect of a Permit
702.182
Transfer
702. 183
Modification
702.184
Causes for Modification
702.185
Facility Siting
702
.
186
Revocation
702.187
Minor Modifications
AUTHORITY: Implementing Section 13 and 22.4 and authorized by
Section 27 of the Environmental Protection Act
(Ill. Rev.
Stat.
1991,
ch.
111 1/2k, pars.
1013,
1022.4 and 1027)
(415 ILCS 5/13,
22.4 and 27).
SOURCE: Adopted in R81—32,
47 PCB 93, at 6 Ill. Reg. 12479,
effective as noted in 35 Ill. Adm. Code 700.106; amended in
R82—19,
at 53 Pea 131,
7 Ill. Reg.
14352, effective as noted in
35 Ill. Adm. Code 700.106; amended in R84—9 at 9 Ill. Reg.
11926,
effective July 24,
1985; amended in R85—23 at 10 Ill. Reg. 13274,
effective July 29,
1986; amended in R86-1 at 10 Ill.
14083,
effective August 12,
1986; amended in R86-28 at 11 Ill. Reg.
6131, effective March 24,
1987; amended in R87—5 at 11 Ill. Reg.
19376, effective November 12,
1987; amended in R87—26 at 12 Ill.
Reg.
2579,
effective January 15,
1988; amended in R87-29 at 12
Ill. Reg.
6673,
effective March 28,
1988; amended in R87—39 at 12
13083, effective July 29,
1988; amended in R89—1 at 13 Ill. Reg.
18452, effective November 13,
1989; amended in R89—2 at 14 Ill.
Reg. 3089, effective February 20,
1990; amended in R89-9 at 14
Ill.
Reg.
6273, effective April 16,
1990; amended in R92—10 at 17
Ill. Reg.
5769,
effective March 26,
1993; amended in R93—16 at
Ill. Req.
,
effective
SUBPART A: GENERAL PROVISIONS
Section 702.110
Definitions
The following definitions apply to 35 111. Adm. Code 702, 703,
704 and 705.
Terms not defined in this Section have the meaning
given by the appropriate Act.
When a defined term appears in a
definition,
the defined term is sometimes placed within quotation
marks as to an aid to readers.
When a definition applies
primarily to one or more programs, those programs appear in
parentheses after the defined terms.
“Administrator” means the Administrator of the United
States Environmental Protection Agency, or an
authorized representative.
“Agency” means the Illinois Environmental Protection
Agency.
4
“Application” means the Agency forms for applying for a
permit. For RCRA, application also includes the
information required by the Agency under 35 Ill.
Adin.
Code 703.182 et seq.
(contents of Part B of the RCRA
application).
“Appropriate act and regulations” means the Resource
Conservation and Recovery Act (RCRA); Safe Drinking
Water Act (SDWA); or the “Environmental Protection
Act,” whichever is applicable; and applicable
regulations promulgated under those statutes.
“Approved program or approved State” means a State or
interstate program which has been approved or
authorized by EPA under 40 CFR 271 (19&&~) (RCRA) or
Section 1422 of the SDWA (UIC).
“Aquifer”
(RCRA and UIC) means a geological
“formation”, group of formations,
or part of a
formation that is capable of yielding a significant
amount of water to a well or spring.
“Area of review”
(UIC) means the area surrounding an
injection well described according to the criteria set
forth in 35 Ill.
Adin. Code 730.106, or in the case of
an area permit, the project area plus a circumscribing
area the width of which is either 402 meters
(1/4 of a
mile) or a number calculated according to the criteria
set forth in 35 Ill. Adm. Code 730.106.
“Board” means the Illinois Pollution
Control Board.
“Closure”
(RCRA)
means the act of securing a “Hazardous
Waste Management Facility” pursuant to the requirements
of 35
Ill.
Adm. Code 724.
“Component”
(RCRA) means any constituent part of a unit
or any group of constituent parts of a unit which are
assembled to preform
a
specific function (e.g.,
a pump
seal, pump, kiln liner,
kiln thermocouple).
“Contaminant”
(UIC) means any physical,
chemical,
biological or radiological substance or matter in
water.
“Corrective action management unit”
or “CAMU” means an
area within a facility that is designated by the Agency
under 35 Ill. Adm. Code 724.Subpart S for the purpose
of iinlDleinenting corrective action requirements under 35
Ill. Adm. Code 724.201 and RCRA section 3008(h).
A
CANTJ
shall only be used for the management of
reniediat~onwastes pursuant to implementing such
5
corrective action requirements at the facility.
BOARD
NOTE:
U.S. EPA must also desianate a
CAMU
until
it arants this authority to the Agency.
See the note
following 35 Ill.
Adin. Code 724.652.
“CWA”
means the Clean Water Act (formerly referred to
as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972) P.L.
92—500, as amended by P.L. 95—217, and P.L. 95—576;
33
U.S.C. 1251 et seq. (l9~-&~).
“Date of approval by U~S~EPAof the Illinois UIC
program” means February
1,
1984.
“Director” means the Director of the Illinois
Environmental Protection Agency or the Director’s
designee.
“Disposal”
(RCRA)
means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any
“hazardous waste” into or on any land or water so that
such hazardous waste or any constituent of the waste
may enter the environment or be emitted into the air or
discharged into any waters, including groundwater.
“Disposal Facility”
(RCRA) means a facility or part of
a facility at which “hazardous waste” is intentionally
placed into or on the land or water,
and at which
hazardous waste will remain after closure.
The term
disposal facility does not include a corrective action
manaaement unit into which reinediation wastes are
placed.
“Draft Permit” means a document prepared under 35 Ill.
Adm. Code 705.141 indicating the Agency’s tentative
decision to issue,
deny, modify, terminate or reissue a
“permit”.
A notice of intent to deny a permit,
as
discussed in 35 Ill. Adm. Code 705.141 is a type of
“draft permit”.
A denial of a request for
modification, as discussed in 35 Ill. Adm. Code
705.128,
is not a “draft permit!’.
A “proposed permit”
is
not
a
“draft
permit”.
“Drilling Mud”
(VIC) means a heavy suspension used in
drilling an “injection well”,
introduced down the drill
pipe and through the drill bit.
“Elementary neutralization unit” means a device which:
Is used for neutralizing wastes which are
hazardous wastes only because they exhibit the
corrosivity characteristics defined in 35 Ill.
6
Adm. Code 721.122,
or are listed in Subpart D of
35 Ill.
Adm. Code 721.Subpart D only for this
reason; and
Meets the definition of tank, tank system,
container,
transport vehicle or vessel in 35 Ill.
Adm. Code 720.110.
“Emergency Permit” means a RCRA or UIC “permit” issued
in accordance with 35 Ill.
Adin.
Code 703.221 or
704.163, respectively.
“Environmental
Protection
Act”
means
the
Environmental
Protection Act
(Ill. Rev.
Stat. 198~j~,,ch.
111
1/2k,
par. 1001 et seq.
~4l5 ILCS 5/1 et sea.1).
“Environmental Protection Agency”
(“EPA”) means the
United States Environmental Protection Agency.
“EPA” means the United States “Environmental Protection
Agency”.
“Exempted aquifer”
(UIC)
means
an
“aquifer”
or
its
portion
that
meets the criteria in the definition of
“underground
source
of
drinking
water”
but
which
has
been exempted according to the procedures in 35 Ill.
Adin.
Code 702.105, 704.104 and 704.123(b).
“Existing hazardous waste management
(HWM)
facility” or
“existing facility” means a facility which was in
operation or for which construction commenced on or
before November 19,
1980.
A facility has commenced
construction if:
The owner or operator has obtained the Federal,
State and local approvals or permits necessary to
begin physical construction; and
Either:
A continuous on—site, physical construction
program has begun; or
The owner or operator has entered into
contractual obligations
——
which cannot be
cancelled or modified without substantial
loss
——
for physical construction of the
facility to be completed within a reasonable
time.
“Existing injection well”
(UIC) means an “injection
well” other than a “new injection well”.
7
“Facility or activity” means any “HWM facility”, UIC
“injection well”, or any other facility or activity
(including land or appurtenances thereto) that is
subject to regulations under the Illinois RCRA or UIC
program.
“Facility mailing list”
(RCRA) means the mailing list
for a facility maintained by the Agency in accordance
with 35 Ill.
Adin.
Code 705.163.
“Federal, State and local approvals or permits
necessary to begin physical construction” means permits
and approvals required under Federal, State or local
hazardous waste control statutes, regulations or
ordinances.
(See 35
Ill. Adm. Code 700.102 et seq.)
“Final authorization”
(RCRA)
means approval by EPA of
the Illinois Hazardous Waste Management Program which
has met the requirements of Section 3006(b)
of RCRA and
the applicable requirements of 40 CFR 271, Subpart A
(19&~~). EPA granted initial final authorization on
January 31,
1986.
“Fluid”
(UIC) means any material or substance which
flows or moves whether in a semisolid,
liquid,
sludge,
gas or any other form or state.
“Formation”
(UIC) means a body of rock characterized by
a degree of lithologic homogeneity which is
prevailingly, but not necessarily, tabular and is
mappable on the earth’s surface or traceable in the
subsurface.
“Formation fluid”
(UIC)
means “fluid” present in a
“formation” under natural conditions as opposed to
introduced fluids, such as “drilling mud”.
“Functionally equivalent component”
(RCRA) means a
component which performs the same function or
measurement and which meets or exceeds the performance
specifications of another component.
“Generator”
(RCRA)
means any person, by site location,
whose act or process produces “hazardous waste”
identified or listed in 35 Ill.
Adin.
Code
721.
“Groundwater”
(RCRA
and UIC) means a water below the
land surface
in a zone of saturation.
“Hazardous Waste”
(RCRA
and UIC) means a hazardous
waste as defined in 35 Ill. Adm. Code 721.103.
8
“Hazardous waste management facility~~(“HWM faCility”)”
means all contiguous land, and structures,
other
appurtenances and improvements on the land, used for
treating, storing or disposing of “hazardous waste”.
A
facility may consist of several “treatment”, “storage”
or “disposal” operational units
(for example, one or
more landfills,
surface impoundments or combinations of
them).
“HWM facility”
(RCRA) means “Hazardous Waste Management
facility”.
“Injection well”
(RCRA and UIC) means a “well” into
which “fluids” are being injected.
“Injection zone”
(UIC) means a geological “formation”,
group of formations or part of a formation receiving
fluids through a “well”.
“In operation”
(RCRA) means a facility which is
treating, storing or disposing of “hazardous waste”.
“Interim authorization” (RCRA)
means approval by EPA of
the Illinois Hazardous Waste Management program which
has met the requirements of Section 3006(c)
of RCRA and
applicable requirements of 40 CFR 271 (19&~~). This
happened on May 17,
1982.
“Interstate agency” means an agency of two or more
states established by or under an agreement or compact
approved by the Congress, or any other agency of two or
more states having substantial powers or duties
pertaining to the control of pollution as determined
and approved by the Administrator under the
“appropriate Act and regulations”.
“Major facility” means any RCRA or UIC “facility or
activity” classified as such by the Regional
Administrator or the Agency.
“Manifest”
(RCRA and UIC) means the shipping document
originated and signed by the “generator” which contains
the information required by 35 Ill. Adm. Code
722.Subpart B.
“National Pollutant Discharge Elimination System” means
the program for issuing, modifying,
revoking and
reissuing, terminating, monitoring and enforcing
permits and imposing and enforcing pretreatment
requirements under Section 12(f)
of the Environmental
Protection Act and 35 Ill. Adm. Code 309.Subpart A and
310.
The term includes an “approved program”.
9
“New HWM facility”
(RCRA) means a “Hazardous Waste
Management facility” which began operation or for which
construction commenced after November 19,
1980.
“New injection well”
(UIC) means a “well” which began
injection after the UIC program for the State of
Illinois applicable to the well is approved.
“Off-site”
(RCRA) means any site which is not
“on—site”.
“On—site”
(RCRA)
means on the same or geographically
contiguous property which may be divided by public or
private right(s)-of-way, provided the entrance and exit
between the properties is at a cross—roads
intersection, and access is by crossing as opposed to
going along,
the right(s)-of-way.
Non-contiguous
properties owned by the same person but connected by a
right-of-way which the person controls and to which the
public does not have access,
is also considered on—site
property.
“Owner or operator” means the owner or operator of any
“facility or activity” subject to regulation under the
RCRA or UIC programs.
“Permit” means an authorization, license or equivalent
control document issued to implement the requirements
of this Part and 35 Ill. Adm. Code 703, 704, and 705.
“Permit” includes RCRA “permit by rule”
(35 Ill. Adm.
Code 703.141), UIC area permit
(35 Ill.
Adin. Code
704.162) and RCRA or UIC “Emergency Permit”
(35 Ill.
Adm. Code 703.221 and 704. 163).
“Permit” does not
include RCRA interim status
(35 Ill.
Adin. Code 703.153
et seq.), UIC authorization by rule
(35 Ill.
Adin. Code
704.—Subpart C),
or any permit which has not yet been
the subject of final Agency action, such as a “Draft
Permit” or a “Proposed Permit.”
“Person” means any individual, partnership,
co—partnership,
firm, company,
corporation,
association, joint stock company,
trust, estate,
political subdivision, state agency, or any other legal
entity, or their legal representative, agency or
assigns.
“Phase I”
(RCRA) means,
as used in the corresponding
federal regulations, the period of time commencing May
19,
1980.
For Illinois purposes, Phase
I began on May
17,
1982.
10
“Phase
II”
(RCRA)
means, as used
in
the
corresponding
federal regulations, the period of time commencing May
19,
1980.
For Illinois purposes, Phase II will
commenced whencvcr U~S~EPAgranted final authorization
to the Agency to issue RCRA permits for any class of
facility or unit.
This occurred on January 31,
1986.
“Physical construction”
(RCRA) means excavation,
movement of earth,
erection of forms or structures or
similar activity to prepare an “HWM facility” to accept
“hazardous waste”.
“Plugging”
(UIC) means the act or process of stopping
the flow of water, oil or gas into or out of a
formation through a borehole or well penetrating that
formation.
“POTW” means “publicly owned treatment works”.
“Project”
(UIC) means a group of wells in a single
operation.
“Publicly owned treatment works”
(“POTW”)
is as defined
in 35 Ill.
Adin.
Code 310.
“Radioactive waste”
(UIC) means any waste which
contains radioactive material in concentrations which
exceed those listed in 10 CFR 20, Appendix B,
Table II,
Column
2, incorporated by reference in 35 Ill. Adm.
Code 720.111.
“RCRA” means the Solid Waste Disposal Act as amended by
the Resource Conservation and Recovery Act of 1976
(P.
L.
94—580, as amended by P.
L. 95—609, P.L. 96—510, 42
U.S.C.
6901 et seq. (19&&~)).
“RCRA permit” means a permit required under Section
21(f)
of the Environmental Protection Act.
“Regional Administrator” means the Regional
Administrator for the EPA Region in which the facility
is located or the Regional Administrator’s designee.
“Schedule of compliance” means a schedule of remedial
measures included in a
“permit”, including an
enforceable sequence of interim requirements
(for
example, actions, operations or milestone events)
leading to compliance with the “appropriate Act and
regulations”.
“SDWA” means the Safe Drinking Water Act
(Pub.
L.
93—523, as amended 42 U.S.C. 300f et seq.
(19&&2.~)).
11
“Site” means the land or water area where any “facility
or activity”
is physically located or conducted,
including adjacent land used in connection with the
facility or activity.
“SIC Code” means codes pursuant to the Standard
Industrial Classification Manual incorporated by
reference in 35 Ill. Adm. Code 720.111.
“State” means the State of Illinois.
“State Director” means the Director of the Illinois
Environmental Protection Agency.
“State/EPA Agreement” means an agreement between the
Regional Administrator and the State which coordinates
EPA and State activities,
responsibilities and programs
including those under the RCRA and SDWA.
“Storage”
(RCRA) means the holding of “hazardous waste”
for a temporary period, at the end of which the
hazardous waste is treated, disposed or stored
elsewhere.
“Stratum
(plural strata)”
(UIC) means a single
sedimentary bed or layer, regardless of thickness, that
consists of generally the same kind of rock material.
“Total dissolved solids”
(UIC) means the total
dissolved
(filterable)
solids as determined by use of
the method specified in 40 CFR 136, incorporated by
reference in 35 Ill.
Adm. Code 720. 111.
“Transfer facility” means any transportation related
facility including loading docks, parking areas,
storage areas and other similar areas where shipments
of hazardous wastes are held during the normal course
of transportation.
“Transporter”
(RCRA) means a person engaged in the
off—site transportation of “hazardous waste” by air,
rail,
highway or water.
“Treatment”
(RCRA)
means any method, technique,
process, including neutralization, designed to change
the physical, chemical or biological character or
composition of any “hazardous waste” so as to
neutralize such wastes, or so as to recover energy or
material resources from the waste, or so as to render
such wastes non—hazardous,
or less hazardous; safer to
transport,
store or dispose of; or amenable for
recovery, amenable for storage or reduced in volume.
12
“UIC” means the Underground Injection Control program.
“Underground Injection”
(UIC) means a “well injection”.
“Underground source of drinking water”
(“USDW”)
(RCRA
and UIC) means an “aquifer” or its portion:
Which:
Supplies any public water system; or
Contains a sufficient quantity of groundwater to
supply a public water system; and
Currently supplies drinking water for human
consumption; or
Contains less than 10,000 mg/i total dièsolved
solids; and
Which is not an “exempted aquifer”.
“USDW”
(RCRA and UIC) means an “underground source of
drinking water”.
“U.S.
EPA” or “USEPA” means the United States
Environmental Protection Agency.
“Wastewater treatment unit” means a device which:
Is part of a wastewater treatment facility which
is subject to regulation under 35 Ill.
Adm. Code
309.Subpart A or 310; and
Receives and treats or stores an influent
wastewater which is a hazardous waste as defined
in 35 Ill. Adm. Code 721.103, or generates and
accumulates a wastewater treatment sludge which is
a hazardous waste as defined in 35 Ill.
Adin. Code
721.103, or treats or stores a wastewater
treatment sludge which is a hazardous waste as
defined in 35 Ill.
Adin.
Code 721.103, and
Meets the definition of tank or tank system in 35
Ill. Adm. Code 720.110.
“Well
(UIC)
means a bored, drilled or driven shaft,
or
a dug hole, whose depth is greater than the largest
surface dimension.
“Well injection”
(UIC)
means the subsurface emplacement
of “fluids” through a bored, drilled or driven “well”;
13
or through a dug well, where the depth of the dug well
is greater than the largest surface dimension.
BOARD NOTE:
Derived from 40 CFR 144.3 and 270.2
(19&&~),as amended at 538 Fed. Reg. 3~40868685(Feb.
16. 1993~~Ceptombor
2,
1988,
and 53 Fad.
flog.
37934,
Ecptcmbcr 28,
1988.
(Source:
Amended at
)
Ill.
Reg.
_________,
effective
Section
703.140
703.141
703.150
703.151
703. 152
703.153
703.154
703.155
703.156
703.157
703.158
703. 159
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER b: PERMITS
PART
703
RCRA PERMIT PROGRAM
SUBPART
A: GENERAL PROVISIONS
Scope and Relation to Other Parts
Purpose
References
SUBPART
B:
PROHIBITIONS
Prohibitions in General
RCRA
Permits
Specific Inclusions in Permit Program
Specific Exclusions from Permit Program
Discharges of Hazardous Waste
Reapplications
Initial Applications
Federal Permits (Repealed)
SUBPART C:
AUTHORIZATION BY
RULE AND
INTERIM STATUS
Purpose and Scope
Permits by Rule
Application by Existing HWM Facilities and Interim
Status Qualifications
Application by New HWN Facilities
Amended Part A Application
Qualifying for Interim Status
Prohibitions During Interim Status
Changes During Interim Status
Interim Status Standards
Grounds for Termination of Interim Status
Permits for Less Than an Entire Facility
Closure by Removal
Section
703
.
100
703
•
101
703
.
110
Section
703.120
703.121
703. 122
703.123
703.124
703 .125
703.126
703.127
14
703.160
Section
703
•
180
703.181
703.
182
703.183
703.184
703.185
703 .186
703.187
703.188
703.200
703.201
703.202
703.203
703.204
703.205
703.206
703.207
703.208
703.209
703.210
703
•
211
703
•
212
Section
703.221
703.222
703.223
703.224
703.225
703.230
703
•
231
703.232
Section
703.240
703.241
703.242
703.243
703.244
703.245
703.246
703.247
Procedures for Closure Determination
SUBPART D: APPLICATIONS
Applications in General
Contents of Part A
Contents of Part B
General Information
Facility Location Information
Groundwater Protection Information
Exposure Information
Solid Waste Management Units
Other Information
Specific
Information
Containers
Tank Systems
Surface Impoundments
Waste Piles
Incinerators
Land Treatment
Landfills
Specific Part B Information Requirements for Boilers
and Industrial Furnaces
Miscellaneous Units
Process Vents
Equipment
Drip Pads
SUBPART
E:
SHORT
TERM
AND
PHASED
PERMITS
Emergency Permits
Incinerator Conditions Prior to Trial Burn
Incinerator Conditions During Trial Burn
Incinerator Conditions After Trial Burn
Trial Burns for Existing Incinerators
Land Treatment Demonstration
Research, Development and Demonstration Permits
Permits for Boilers and Industrial Furnaces Burning
Hazardous Waste
SUBPART
F: PERMIT CONDITIONS OR DENIAL
Permit Denial
Establishing Permit Conditions
Noncompliance Pursuant to
Emer~ency
Permit
Monitoring
Notice of Planned Changes
Twenty-four Hour Reporting
Reporting Requirements
Anticipated Noncompliance
SUBPART G:
CHANGES TO PERMITS
15
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-l9,
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 Ill.
Reg.
14093, effective August 12,
1986; amended in R86—19 at 10
Ill. Reg.
20702,
effective December 2,
1986;
amended in R86—28 at
11 Ill. Reg.
6121,
effective March 24,
1987; amended in R86—46 at
11 Ill. Reg.
13543, effective August 4,
1987; amended in R87—5 at
11
Ill. Reg.
19383, effective November 12,
1987;
amended in R87—
26 at
12
Ill. Reg.
2584, effective January 15,
1988; amended in
R87—39 at 12
Ill. Reg.
13069, effective July 29,
1988; amended in
R88—16 at 13
Ill. Reg.
447, effective December 27, 1988;
amended
in R89—1 at 13 Ill. Reg.
18477, effective November 13,
1989;
amended in R89—9 at 14 Ill. Reg.
6278, effective April 16,
1990;
amended in R90-2 at 14
Ill. Reg.
14492, effective August 22,
1990; amended in R90-11 at 15 Ill.
Reg.
9616, effective June 17,
1991; amended in R91-1 at
15 Ill. Reg.
14554,
effective September
30,
1991; amended in R91-13 at
16 Ill Reg.
9767, effective June
9,
1992; amended in R92-10 at 17
Ill. Reg.
5774, effective March
26,
1993; amended in R93—4 at 17111. Reg.
20794, effective
November 22,
1993: amended in R93-16 at
Ill. Reg.
effective
Section 703 .Appendix A
Classification of Permit Modifications
Class
Modifications
A.
General Permit Provisions
1
1.
Administrative and informational changes.
1
2.
Correction
of
typographical
errors.
16
1
3.
Equipment replacement or upgrading with
functionally equivalent components (e.g., pipes,
valves, pumps, conveyors,
controls).
4.
Changes in the frequency of or procedures for
monitoring,
reporting, sampling or maintenance
activities by the permittee:
1
a.
To provide for more frequent monitoring,
reporting or maintenance.
2
b.
Other changes.
5.
Schedule of compliance:
1*
a.
Changes in interim compliance dates, with
prior approval of the Agency.
BOARD NOTEi
“*“
indicatc3 that prior Agency
anr~rpypl
ip
rr~rmircd.
3
b.
Extension of final compliance date.
1*
6.
Changes in expiration date of permit to allow
earlier permit termination, with prior approval of
the Agency.
1*
7.
Changes in ownership or operational control of a
facility, provided the procedures of Section
703.260(b)
are followed.
B.
General Facility Standards
1.
Changes to waste sampling or analysis methods:
1
a.
To conform with Agency guidance or Board
regulations.
b.
To incorporate changes associated with F039
(multi—source leachate) sampling or analysis
methods.
g..~.
To incorporate changes associated with
underlying hazardous constituents in
iclnitaL!e or corrosive wastes,
2
e~. Other changes.
2.
Changes
to
analytical
quality
assurance/control
plan:
1
a.
To conform with agency guidance or
17
regulations.
2
b.
Other
changes.
1
3.
Changes in procedures for maintaining the
operating
record.
2
4.
Changes in frequency or content of inspection
schedules.
5.
Changes in the training plan:
2
a.
That affect the type or decrease the amount
of training given to employees.
1
b.
Other changes.
6.
Contingency
plan:
2
a.
Changes in emergency procedures
(i.e.,
spill
or release response procedures).
1
b.
Replacement with functionally equivalent
equipment, upgrade or relocate emergency
equipment listed.
2
c.
Removal of equipment from emergency equipment
list.
1
d.
Changes in name, address or phone number of
coordinators or other persons or agencies
identified in the plan.
Note: When a permit modification (such as
introduction of a new unit)
requires
a change
in facility plans or other general facility
standards, that change must be reviewed under
the same procedures as the permit
modification~
7.
CQA plan:
1
a.
Changes that the CQA officer certifies in the
operating record will provide equivalent or
better certainty that the unit components
meet the design specifications.
2
b.
Other
changes.
Note:
When a permit modification (such as
introduction of
a new unit)
requires a change
in facility Plans or other general facility
18
standards, that change shall be reviewed
under the same procedures as a permit
modification.
C.
Groundwater Protection
1.
Changes to wells:
2
a.
Changes in the number, location, depth or
design
of
upgradient
or
downgradient
wells
of
permitted
groundwater
monitoring
system.
1
b.
Replacement of an existing well that has been
damaged or rendered inoperable, without
change to location, design or depth of the
well.
1*
2.
Changes in groundwater sampling or analysis
procedures or monitoring schedule, with prior
approval of the Agency.
1*
3.
Changes in statistical procedure for determining
whether a statistically significant change in
groundwater quality between upgradient and
downgradient wells has occurred, with prior
approval of the Agency.
2*
4.
Changes in point of compliance.
5.
Changes in indicator parameters, hazardous
constituents or concentration limits (including
ACLs (Alternate Concentration Limits)):
3
a.
As specified in the groundwater protection
standard.
2
b.
As specified in the detection monitoring
program.
2
6.
Changes to a detection monitoring program as
required by 35 Ill. Adm. Code 724.198(j), unless
otherwise specified in this Appendix.
7.
Compliance monitoring program:
3
a.
Addition of compliance monitoring program as
required by 35
Ill.
Adin.
Code 724.198(h) (4)
and 724.199.
2
b.
Changes to a compliance monitoring program as
required by 35 Ill. Adm. Code 724.199(k),
unless otherwise specified in this Appendix.
19
8.
Corrective action program:
3
a.
Addition of a corrective action program as
required by 35
Ill. Adm. Code 724.199(1) (2)
and 724.200.
2
b.
Changes to a corrective action program as
required by 35 Ill.
Adm.
Code
724.200(h),
unless otherwise specified in this Appendix.
D.
Closure
1.
Changes to the closure plan:
1*
a.
Changes in estimate of maximum extent of
operations or maximum inventory of waste on—
site at any time during the active ~.lifeof
the facility, with prior approval of the
Agency.
1*
b.
Changes in the closure schedule for any unit,
changes in the final closure schedule for the
facility or extension of the closure period,
with prior approval of the Agency.
1*
c.
Changes in the expected year of final
closure, where other permit conditions are
not changed, with prior approval of the
Agency.
1*
d.
Changes in procedures for decontamination of
facility equipment or structures, with prior
approval of the Agency.
2
e.
Changes in approved closure plan resulting
from unexpected events occurring during
partial or final closure, unless otherwise
specified in this Appendix.
2
f.
Extension of the closure period to allow a
landfill, surface impoundment or land
treatment unit to receive non—hazardous
wastes after final receipt of hazardous
wastes under 35 Ill.
Adin. Code 724.213(d)
or
(e).
3
2.
Creation of a new landfill unit as part of
closure.
3.
Addition of the following new units to be used
temporarily for closure activities:
20
3
a.
Surface impoundments.
3
b.
Incinerators.
3
c.
Waste piles that do not comply with 35 Ill.
Adm.
Code
724.350(c).
2
d.
Waste piles that comply with 35 Ill. Adm.
Code
724.350(c).
2
e.
Tanks or containers (other than specified
below).
1*
f.
Tanks used for neutralization, dewatering,
phase separation or component separation,
with prior approval of the Agency.
E.
Post—Closure
1
1.
Changes in name,
address or phone number of
contact in post—closure plan.
2
2.
Extension of post—closure care period.
3
3.
Reduction in the post—closure care period.
1
4.
Changes to the expected year of final closure,
where other permit conditions are not changed.
2
5.
Changes in post—closure plan necessitated by
events occurring during the active life of the
facility, including partial and final closure.
F.
Containers
1.
Modification or addition of container units:
3
a.
Resulting in greater than 25
increase in the
facility’s container storage capacity, except
as provided in F(1)(c) and F(4)(a).
2
b.
Resulting in up to 25
increase in the
facility’s container storage capacity, except
as provided in F(1)
(C)
and F(4) (a).
1
C.
Or treatment processes necessary to treat
wastes that are restricted from land disposal
to meet some or all of the applicable
treatment standards or to treat wastes to
satisfy
(in whole or in part)
the standard of
“use of practically available technology that
yields the greatest environmental benefit”
21
contained in 40 CFR 268.8(a) (2) (ii),
incorporated by reference in 35 Ill.
Adin.
Code 728.108, with prior approval of the
Agency. This modification may also involve
the addition of new waste codes or narrative
description of wastes. It is not applicable
to dioxin-containing wastes (F020,
F02l,
F022,
F023, F026, F027 and F028).
2.
2
a.
Modification
of
a
container
unit
without
increasing the capacity of the unit.
b.
Addition of a roof to a container unit
without alteration of the containment system.
3.
Storage of different wastes in containers, except
as provided in F(4):
3
a.
That
require
additional
or
different
management
practices
from those authorized in
the permit.
2
b.
That do not require additional or different
management
practices
from
those
authorized
in
the permit.
Note:
See Section 703.280(g) for modification
procedures to be used for the management of
newly listed or identified wastes.
4.
Storage or treatment of different wastes in
containers:
2
a.
That
require
addition
of
units
or
change
in
treatment process or management standards,
provided that the wastes are restricted from
land disposal and are to be treated to meet
some or all of the applicable treatment
standards, or are to be treated to satisfy
(in whole or in part)
the standard of “use of
practically available technology that yields
the greatest environmental benefit” contained
in 40 CFR 268.8(a) (2) (ii),
incorporated by
reference in 35 Ill.
Adin. Code 728.108.
It is
not applicable to dioxin-containing wastes
(F020,
F021, F022,
F023, F026,
F027 and
F028)
1±.
b.
That do not require the addition of units or
a
change
in
the
treatment
process
or
22
management standards, and provided that the
units have previously received wastes of the
same type
(e.g., incinerator scrubber water).
This modification is not applicable to
dioxin—containing
wastes
(F020,
F021,
F022,
F023,
F026,
F027
and
F028).
C.
Tanks
1.
3
a.
Modification
or
addition
of
tank
units
resulting
in
greater
than
25
increase
in
the
facility’s
tank
capacity,
except
as
provided
in
paragraphs
G(l) (c),
G(1) (d)
and
G(l)
(e).
2
b.
Modification
or
addition
of
tank
units
resulting in up to 25
increase in the
facility’s
tank
capacity,
except
as
provided
in paragraphs G(l) (d) and G(1) (e).
2
c.
Addition of a new tank that will operate for
more than 90 days using any of the following
physical or chemical treatment technologies:
neutralization, dewatering, phase separation
or component separation.
1*
d.
After prior approval of the Agency, addition
of a new tank that will operate for up to 90
days using any of the following physical or
chemical treatment technologies:
neutralization, dewatering, phase separation
or component separation.
e.
Modification or addition of tank units or
treatment processes that are necessary to
treat wastes that are restricted from land
disposal to meet some or all of the
applicable treatment standards or to treat
wastes to satisfy (in whole or in part)
the
standard of “use of practically available
technology that yields the greatest
environmental benefit” contained in 40 CFR
268.8
(a) (2) (ii),
incorporated
by
reference
in
35 Ill. Adm. Code 728.108, with prior
approval of the Agency. This modification may
also involve the addition of new waste codes.
It
is not applicable to dioxin-containing
wastes
(F020,
F021, F022,
F023,
F026, F027
and F028).
2
2.
Modification
of
a
tank
unit
or
secondary
23
containment system without increasing the capacity
of the unit.
3.
Replacement of a
tank
with a tank that meets the
same design standards and has a capacity within
+.‘—~
10
of the replaced tank provided:
a.
The capacity difference is no more than 1500
gallons,
b
The
facility’s
permitted
tank
capacity
is
not
increased and
c.
The
replacement
tank
meets
the
same
conditions in the permit.
2
4.
Modification of a tank management practice.
5.
Management of different wastes in tanks:
3
a.
That require additional or different
management practices, tank design, different
fire protection specifications or
significantly different tank treatment
process from that authorized in the permit,
except as provided in paragraph G(5) (c).
2
b.
That do not require additional or different
management
practices,
tank
design, different
fire protection specification or
significantly different tank treatment
process than authorized in the permit, except
as provided in paragraph G(5) (d).
Note: See Section 703.280(g)
for modification
procedures to be used for the management of
newly listed or identifled wastes.
1~
c.
That require~addition of units or change in
treatment processes or management standards,
provided that the wastes are restricted from
land disposal and are to be treated to meet
some or all of the applicable treatment
standards,
or that are to be treated to
satisfy (in whole or in part)
the standard of
“use of practically available technology that
yields the greatest environmental benefit”
contained in 40 CFR 268.8(a) (2) (ii),
incorporated by reference in 35 Ill.
Adm.
Code 728.108. The modification is not
applicable to dioxin—containing wastes
(F020,
F021,
F022,
F023,
F026, F027 and F028).
24
d.
That do not require the addition of units or
a change in
the
treatment
process
or
management standards,
and provided that the
units have previously received wastes of the
same type
(e.g., incinerator scrubber water).
This modification is not applicable to
dioxin—containing
wastes
(F020,
F021,
F022,
F023,
F026,
F027
and
F028).
Note:
See Section 703.280(q)
for modification
procedures to be used for the management of
newly listed or identified wastes.
H.
Surface Impoundments
3
1.
Modification or addition of surface impoundment
units that result in increasing the facility’s
surface impoundment storage or treatment capacity.
3
2.
Replacement of a surface impoundment unit.
2
3.
Modification of a surface impoundment unit without
increasing the facility’s surface impoundment
storage or treatment capacity and without
modifying the unit’s liner,
leak detection system
or leachate collection system.
2
4.
Modification of a surface impoundment management
practice.
5.
Treatment,
storage or disposal of different wastes
in surface impoundments:
3
a.
That require additional or different
management
practices
or
different design of
the liner or leak detection system than
authorized in the permit.
2
b.
That do not require additional or different
management practices or different design of
the liner or leak detection system than
authorized in the permit.
Note:
See Section 703.280(g)
for modification
procedures to be used for the management of
newly listed or identified wastes.
c.
That are wastes restricted from land disposal
that meet the applicable treatment standards
or that are treated to satisfy the standard
of “use of practically available technology
that yields the greatest environmental
25
benefit” contained in 40 CFR 268.8(a) (2) (ii)
incorporated by reference in 35
Ill. Adm.
Code
728.108,
and
provided
that the unit
meets the minimum technological requirements
stated in 40 CFR 268.5(h) (2), incorporated by
reference in 35 Ill. Adm. Code 728.105. This
modification is not applicable to dioxin-
containing wastes
(F020,
F021, F022,
F023,
F026,
F027
and
F028).
d.
That
are
residues
from
wastewater
treatment
or
incineration,
provided
the
disposal
occurs
in a unit that meets the minimum
technological requirements stated in 40 CFR
268.5(h)
(2),
incorporated
by
reference
in
35
Ill.
Adm. Code 728.105, and provided further
that the surface impoundment has pizeviously
received wastes of the same type
(for
example, incinerator scrubber water). This
modification is not applicable to dioxin—
containing wastes (F020, F021,
F022,
F023,
F026,
F027 and F028).
1*
6.
Modifications of unconstructed units to comply
with 35 Ill. Adm. Code 724.321(c), 724.322,
724.323 and 724.326(d).
7.
Changes in response action plan:
3
a.
Increase
in
action
leakage
rate.
3
b.
Change
in
a
specific
response
reducing
its
frequency or effectiveness.
2
c
Other changes.
Note:
See Section 703.280(g) for modification
procedures to be used for the mana~ementof
newly listed or identified wastes.
I.
Enclosed Waste Piles.
For all waste piles, except those
complying with 35 Ill. Adm. Code 724.350(c),
modifications are treated the same as for a landfill.
The following modifications are applicable only to
waste piles complying with 35 Ill.
Adin. Code
724.350(c)
1.
Modification or addition of waste pile units:
3
a.
Resulting
in
greater
than
25
increase
in
the
facility’s waste pile storage or treatment
capacity.
26
2
b.
Resulting
in
up
to
25
increase
in
the
facility’s waste pile storage or treatment
capacity.
2
2.
Modification of waste pile unit without increasing
the capacity of the unit.
1
3.
Replacement
of
a
waste
pile
unit
with
another
waste pile unit of the same design and capacity
and meeting all waste pile conditions in the
permit.
2
4.
Modification of a waste pile management practice.
5.
Storage or treatment of different wastes in waste
piles:
3
a.
That require additional or different
management practices or different design of
the
unit.
2
b.
That do not require additional or different
management practices or different design of
the unit.
Note: See Section 703.280(g)
for modification
procedures to be used for the management of
newly listed or identified wastes.
2
6.
Conversion of an enclosed waste pile to a
containment building unit.
Note:
See Section 703.280(g)
for modification
procedures to be used for the management of newly
listed or identified wastes.
J.
Landfills and Unenclosed Waste Piles
3
1.
Modification
or
addition
of
landfill
units
that
result in increasing the facility’s disposal
capacity.
3
2.
Replacement of a landfill.
3
3.
Addition or modification of a liner,
leachate
collection system, leachate detection system, run-
off control or final cover system.
2
4.
Modification
of
a
landfill
unit
without
changing
a
liner,
leachate collection system,
leachate
detection system, run—off control or final cover
system.
27
2
5.
Modification of a landfill management practice.
6.
Landfill different wastes:
3
a.
That
require
additional
or
different
management
practices,
different
design
of
the
liner, leachate collection system or leachate
detection system.
2
b.
That do not require additional or different
management practices, different design of the
liner,
leachate collection system or leachate
detection system.
Note:
See Section 703.280(g) for modification
procedures to be used for the management of
newly listed or identified wastes.
c.
That are wastes restricted from land disposal
that meet the applicable treatment standards
or that are treated to satisfy the standard
of “use of practically available technology
that yields the greatest environmental
benefit” contained in 40 CFR 268.8(a) (2) (ii),
incorporated by reference in
35 Ill.
Adm.
Code 728.108,
and
provided
that
the
landfill
unit meets the minimum technological
requirements stated in 40 CFR 268.5(h) (2),
incorporated by reference in 35 Ill.
Adju.
Code 728.105. This modification is not
applicable to dioxin—containing wastes
(FO2O,
F021, F022, F023, F026,
F027 and F028).
d.
That are residues from wastewater treatment
or incineration, provided the disposal occurs
in a landfill unit that meets the minimum
technological requirements stated in 40 CFR
268.5(h) (2), incorporated by reference in 35
Ill.
Adin.
Code 728.105, and provided further
that the landfill has previously received
wastes of the same type (for example,
incinerator ash). This modification is not
applicable to dioxin-containing wastes
(F020,
F021, F022, F023,
F026,
F027 and F028).
1*
7.
Modification of unconstructed units to comply with
35
Ill.
Adm. Code 724.351(c), 724.352, 724.353,
724.354(c),
724.401(c), 724.402,
724.403(c) and
724.404.
8.
Changes in response action plan:
28
3
a.
Increase in action leakage rate.
3
b.
Change in a
specific
response
reducing
its
frequency or effectiveness.
2
c.
Other changes.
Note:
See Section 703.280(q)
for modification
procedures
to
be
used
for
the
manaaement
of
newly listed or identified wastes.
K.
Land
Treatment
3
1.
Lateral expansion of or other modification of a
land treatment unit to increase area extent.
2
2.
Modification of run—on control system.
3
3.
Modify run—off control system.
2
4.
Other modification of land treatment unit
component specifications or standards required in
permit.
5.
Management of different wastes in land treatment
units:
3
a.
That require a change in permit operating
conditions or unit design specifications.
2
b.
That do not require a change in permit
operating conditions or unit design
specifications.
Note: See Section 703.280(g)
for modification
procedures to be used for the management of
newly listed or identifled wastes.
6.
Modification of a land treatment unit management
practice to:
3
a.
Increase rate or change method of waste
application.
1
b.
Decrease rate of waste applicati~n.
2
7.
Modification of a land treatment unit management
practice to change measures of pH or moisture
content or to enhance microbial or chemical
reactions.
3
8.
Modification of a land treatment unit management
29
practice to grow food chain crops,
to add to or
replace existing permitted crops with different
food chain crops or to modify operating plans for
distribution of animal feeds resulting from such
crops.
3
9.
Modification of operating practice due to
detection of releases from the land treatment
unit
pursuant to 35 Ill.
Adm.
Code 724
•
378(g) (2).
3
10.
Changes in the unsaturated zone monitoring system
resulting
in
a
change
to
the
location,
depth,
number
of
sampling
points
or
replace
unsaturated
zone
monitoring
devices
or
components
of
devices
with devices or components that have
specifications different from permit requirements.
2
11.
Changes in the unsaturated zone monitoring system
that do not result in a change to the location,
depth, number of sampling points, or that replace
unsaturated zone monitoring devices or components
of devices with devices or components having
specifications different from permit requirements.
2
12.
Changes in background values for hazardous
constituents in soil and soil-pore liquid.
2
13.
Changes
in
sampling,
analysis
or
statistical
procedure.
2
14.
Changes
in
land
treatment
demonstration
program
prior
to
or
during
the
demonstration.
1*
15.
Changes in any condition specified in the permit
for a land treatment unit to reflect results of
the land treatment demonstration, provided
performance standards are met, and the Agency’s
prior approval has been received.
1*
16.
Changes to allow a second land treatment
demonstration to be conducted when the results of
the first demonstration have not shown the
conditions under which the wastes can be treated
completely, provided the conditions for the second
demonstration are substantially the same as the
conditions for the first demonstration and have
received the prior approval of the Agency.
3
17.
Changes to allow a second land treatment
demonstration to be conducted when the results of
the first demonstration have not shown the
conditions under which the wastes can be treated
30
completely, where the conditions for the second
demonstration are not substantially the same as
the conditions for the first demonstration.
2
18.
Changes
in vegetative cover requirements for
closure.
L.
Incinerators, Boilers and Industrial Furnaces
3
1.
Changes to increase by more than 25
any of the
following limits authorized in the permit: A
thermal feed rate limit, a feedstream feed rate
limit,
a chlorine/chloride feed rate limit, a
metal feed rate limit or an ash feed rate limit.
The Agency shall require a new trial burn to
substantiate compliance with the regulatory
performance standards unless this demonstration
can be made through other means.
2
2.
Changes to increase by up to 25
any of the
following limits authorized in the permit: A
thermal feed rate limit, a feedstream feed rate
limit,
a chlorine/chloride feed rate limit, a
metal feed rate limit or an ash feed rate limit.
The Agency shall require a new trial burn to
substantiate compliance with the regulatory
performance standards unless this demonstration
can be made through other means.
3
3.
Modification of an incinerator, boiler or
industrial furnace unit by changing the internal
size or geometry of the primary or secondary
combustion units, by adding a primary or secondary
combustion unit, by substantially changing the
design of any component used to remove HC1/Cl2,
metals or particulate from the combustion gases or
by changing other features of the incinerator,
boiler or industrial furnace that could affect its
capability to meet the regulatory performance
standards. The Agency shall require a new trial
burn to substantiate compliance with the
regulatory performance standards, unless this
demonstration can be made through other means.
2
4.
Modification of an incin..rator, boiler or
industrial furnace unit in a manner that will not
likely affect the capability of the unit to meet
the regulatory performance standards but which
will change the operating conditions or monitoring
requirements specified in the permit. The Agency
may require a new trial burn to demonstrate
31
compliance with the regulatory performance
standards.
5.
Operating requirements:
3
a.
Modification of the limits specified in
the
permit for minimum or maximum combustion gas
temperature, minimum combustion gas residence
time, oxygen concentration in the secondary
combustion chamber, flue gas carbon monoxide
or
hydrocarbon
concentration,
maximum
temperature at the inlet to the PM emission
control system or operating parameters for
the air pollution control system. The Agency
shall require a new trial burn to
substantiate compliance with the regulatory
performance standards unless this
demonstration can be made through other
means.
3
b.
Modification of any stack gas emission limits
specified in the permit, or modification of
any conditions in the permit concerning
emergency
shutdown
or
automatic
waste
feed
cutoff procedures or controls.
2
c.
Modification of any other operating condition
or any inspection or recordkeeping
requirement specified in the permit.
6.
Burning
different
wastes:
3
a.
If the waste contains a POHC that is more
difficult to burn than authorized by the
permit or if burning of the waste requires
compliance with different regulatory
performance standards than specified in the
permit, the Agency shall require a new trial
burn to substantiate compliance with the
regulatory performance standards, unless this
demonstration can be made through other
means.
2
b.
If the waste does not contain a POHC that is
more
difficult
to
burn
than
authorized
by
the
permit and if burning of the waste does not
require compliance with different regulatory
performance standards than specified in the
permit.
BOARD
NOTE:
See Section 703.280(g)
for
modification procedures to be used for the
32
management of newly listed or identifled
wastes.
7.
Shakedown and trial burn:
2
a.
Modification of the trial burn plan or any of
the permit conditions applicable during the
shakedown period for determining operational
readiness after construction, the trial burn
period
or
the
period
immediately
following
the trial burn.
1*
b.
Authorization
of
up
to
an
additional
720
hours of waste burning during the shakedown
period
for
determining
operational
readiness
after construction, with the prior approval
of the Agency.
1*
c.
Changes in the operating requirements set
in
the permit for conducting a trial burn,
provided the change is minor and has received
the prior approval of the Agency.
1*
d.
Changes in the ranges of the operating
requirements set in the permit to reflect the
results of the trial burn, provided the
change is minor and has received the prior
approval of the Agency.
8.
Substitution of an alternate type of nonhazardous
waste fuel that is not specified in the permit.
N.
Containment Buildings.
1.
Modification or addition of containment building
units:
3
a.
Resulting in greater than 25
increase in the
facility’s containment building storage or
treatment capacity.
2
b.
Resulting in up to 25
increase in the
facility’s containment building storage or
treatment capacity.
2
2.
Modification of a containment building unit or
secondary containment system without increasing
the capacity of the unit.
3.
Replacement of a containment building with
a
containment building that meets the same design
standards provided:
33
1
a.
The unit capacity is not increased.
1
b.
The replacement containment building meets
the same conditions in the permit.
2
4.
Modification of a containment building management
practice.
5.
Storage or treatment of different wastes in
containment buildings:
3
a.
That require additional or different
management practices.
2
b.
That do not require additional or different
management practices
N.
Corrective Action.
3
~
Approval of a corrective action management unit
pursuant to 35 Ill.
Adin.
Code 724.652.
~.
Approval of a temporary unit or time extension
pursuant to
35 Ill. Adm. Code 724.653.
Note:
*
indicates modifications requiring prior
A~encvapproval.
BOARD NOTE: Derived from 40 CFR 270.42, Appendix I
(199~2.), as amended at ~~Fed.
Reg. 372818685,
Augu~tFebruary1~, 199i~.
(Source:
Amended at
Ill. Reg.
________,
effective
_______________________________________________________
)
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
c:
HAZARDOUS
WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS
WASTE
MANAGEMENT SYSTEM:
GENERAL
SUBPART A:
GENERAL
PROVISIONS
Section
720.101
Purpose,
Scope and Applicability
720.102
Availability of Information; Confidentiality of
Information
720.103
Use of Number and Gender
SUBPART
B:
DEFINITIONS
34
Section
720.110
Definitions
720.111
References
SUBPART C:
RULEMAKING PETITIONS
AND
OTHER PROCEDURES
Section
720.120
Rulemaking
720.121
Alternative Equivalent Testing Methods
720.122
Waste
Delisting
720.130
Procedures
for
Solid
Waste
Determinations
720.131
Solid Waste Determinations
720.132
Boiler
Determinations
720.133
Procedures for Determinations
720.140
Additional regulation of certain hazardous waste
Recycling Activities on a case-by-case Basis
720.141
Procedures for case—by—case regulation of hazardous
waste Recycling Activities
720.Appendix A Overview of 40 CFR, Subtitle C Regulations
AUTHORITY:
Implementing 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 5/27).
SOURCE:
Adopted in R81—22,
43 PCB 427, at 5 Ill. Reg.
9781,
effective as noted in 35 Ill. Adm. Code 700.106; amended and
codified in R81—22,
45 PCB 317, at 6 Ill. Reg. 4828, effective as
noted in 35 Ill. Adm. Code 700.106; amended in R82—19 at 7 Ill.
Reg.
14015, effective Oct.
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—1
at 10 Ill. Reg.
13998, effective August 12,
1986; amended in R86—
19 at 10 Ill. Reg. 20630, effective December 2,
1986;
amended in
R86-28 at 11 Ill. Reg.
6017, effective March 24, 1987;
amended in
R86-46 at 11
Ill. Reg.
13435, effective August 4,
1987; amended
in R87-5 at 11 Ill. Reg.
19280, effective November 12,
1987;
amended in R87-26 at 12 Ill. Reg.
2450, effective January 15,
1988; amended in R87-39 at 12 Ill. Reg.
12999, effective July 29,
1988;
amended in R88-l6 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, effect~veSeptember 25,
1990; amended in R90-17 at 15 Ill.
Reg.
7934, efiactive May 9,
1991; amended in R90—11 at 15 Ill.
Reg.
9323, effective June 17,
1991; amended in R92—10 at 17 Ill.
Reg.
5625, effective March 26,
1993;
amended in R93—4 at 17
Ill.
Reg. 20545, effective November 22,
1993: amended in R93—16 at
Ill. Req.
,
effective
SUBPART B:
DEFINITIONS
35
Section 720.110
Definitions
When used in 35 Ill. Adm. Code 720 through 726 and 728 only, the
following terms have the meanings given below:
“Aboveground tank” means a device meeting the
definition of “tank” that is situated in such a way
that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and
the entire surface area of the tank (including the tank
bottom)
is able to be visually inspected.
“Act” or “RCRA” means the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act
of 1976, as amended
(42 U.S.C. 6901 et seq.)
“Active life” of a facility means the period from the
initial receipt of hazardous waste at the facility
until the Agency receives certification of final
closure.
“Active portion” means that portion of a facility where
treatment,
storage or disposal operations are being or
have been conducted after Nay 19,
1980, and which is
not a closed portion.
(See also “closed portion” and
“inactive portion”.)
“Administrator’! means the Administrator of the U.S.
Environmental Protection Agency or the Administrator’s
designee.
“Agency” means the Illinois Environmental Protection
Agency.
“Ancillary equipment” means any device including, but
not limited to, such devices as piping, fittings,
flanges, valves and pumps, that is used to distribute,
meter or control the flow of hazardous waste from its
point of generation to:storage or treatment tank(s),
between hazardous waste storage and treatment tanks to
a point of disposal onsite, or to a point of shipment
for disposal off—site.
“Aquifer” means a geologic formation, group of
formations or part of a formation capable of yielding a
significant amount of groundwater to wells or springs.
“Authorized representative” means the person
responsible for the overall operation of a facility or
an operational unit (i.e., part of a facility), e.g.,
the plant manager, superintendent or person of
equivalent responsibility.
36
“Board” means the Illinois Pollution Control Board.
“Boiler” means an enclosed device using controlled
flame combustion and having the following
characteristics:
The unit must have physical provisions for
recovering
and
exporting thermal energy in the
form of steam, heated fluids or heated gases; and
the unit’s combustion chamber and primary energy
recovery Section(s) must be of integral design. To
be of integral design, the combustion chamber and
the primary energy recovery Section(s)
(such as
waterwalls and superheaters) must be physically
formed into one manufactured or assembled unit. A
unit in which the combustion chamber and the
primary energy recovery Section(s) are joined only
by ducts or connections carrying flue gas is not
integrally designed; however, secondary energy
recovery equipment
(such as economizers or air
preheaters)
need
not
be
physically formed into the
same unit as the combustion chamber and the
primary energy recovery Section. The following
units are not precluded from being boilers solely
because they are not of integral design: process
heaters
(units that transfer energy directly to a
process stream), and fluidized bed combustion
units; and
While in operation,
the unit must maintain a
thermal energy recovery efficiency of at least 60
percent, calculated in terms of the recovered
energy compared with the thermal value of the
fuel; and
The unit must export and utilize at least 75
percent
of
the
recovered
energy,
calculated
on
an
annual basis. In this calculation, no credit shall
be given for recovered heat used internally in the
same unit.
(Examples of internal use are the
preheating of fuel or combustion air, and the
driving of induced or forced draft fans or
feedwater pumps); or
The unit is one which the Board has determined, on
a case—by—case basis, to be a boiler, after
considering the standards in Section 720.132.
“Carbon regeneration unit” means any enclosed thermal
treatment device used to regenerate spent activated
carbon.
37
“Certification” means a statement of professional
opinion based upon knowledge and belief.
“Closed Portion” means that portion of a facility which
an owner or operator has closed in accordance with the
approved
facility
closure
plan
and
all
applicable
closure
requirements.
(See
also
“active
portion”
and
“inactive portion”.)
“Component” means either the tank or ancillary
equipment of a tank system.
“Confined aquifer” means an aquifer bounded above and
below by impermeable beds or by beds of distinctly
lower permeability than that of the aquifer itself; an
aquifer containing confined groundwater.
“Container” means any portable device in which a
material is stored,
transported, treated, disposed of
or otherwise handled.
“Containment Building” means a hazardous waste
management unit that is used to store or treat
hazardous
waste
under
the
provisions
of
35
Ill.
Adm.
Code 724.Subpart DD and 35
Ill.
Adin.
Code
725.Subpart
DD.
“Contingency plan” means a document setting out an
organized, planned and coordinated course of action to
be followed in case of a fire, explosion or release of
hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
“Corrective action management unit” or “CAMU” means an
area within a facility that is designated by the Agency
under 35 Ill.
Adm. Code 724.Subpart S for the purpose
of
implementing
corrective
action
requirements
under
35
Ill.
Adm.
Code
724.201
and
RCRA
section
3008(h).
A
CAMU
shall only be used for the management of
remediation wastes Pursuant to implementing such
corrective action requirements at the facility.
BOARD
NOTE:
U.S. EPA must also designate a
CANU
until
it grants this authority to the Agency.
See the note
following 35
Ill. Mm.
Code 724.652.
“Corrosion expert” means a person who, by reason of
knowledge of the physical sciences and the principles
of engineering and mathematics, acquired by a
professional education and related practical
experience,
is qualified to engage in the practice of
corrosion control on buried or submerged metal piping
systems and metal tanks.
Such a person must be
38
certified as being qualified by the National
Association of Corrosion Engineers
(NACE)
or be a
registered professional engineer who has certification
or licensing that includes education and experience in
corrosion control on buried or submerged metal piping
systems and metal tanks.
“Designated facility” means a hazardous waste
treatment,
storage or disposal facility,
Which:
Has received a
RCRA permit
(or
interim
status) pursuant to 35 Ill.
Adm.
Code
702,
703 and 705;
Has received a
RCRA
permit from U~S.~EPA
pursuant to 40 CFR 124 and 270
(1991);
Has received a
RCRA permit
from a state
authorized by U~S~EPApursuant to 40 CFR 271
(1991); or
Is regulated under 35 Ill. Adm. Code
721.106(c) (2) or 266.Subpart F; and
Which has
been designated on the manifest by the
generator pursuant to 35 Ill. Adm. Code 722.120.
If a waste is destined to a facility in a state,
other than Illinois, which has been authorized by
U~S~EPApursuant to 40 CFR 271, but which has not
yet obtained authorization to regulate that waste
as hazardous,
then the designated facility must be
a facility allowed by the receiving state to
accept such waste.
“Dike” means an embankment or ridge of either natural
or manmade materials used to prevent the movement of
liquids, sludges, solids or other materials.
“Director” means the Director of the Illinois
Environmental Protection Agency.
“Discharge” or “hazardous waste discharge” means the
accidental or intentional spilling,
leaking, pumping,
pouring,
emitting, emptying or dumping of hazardous
waste into or on any land or water.
“Disposal” means the discharge,
deposit,
injection,
dumping, spilling, leaking or placing of any solid
waste or hazardous waste into or on any land or water
39
so that such solid waste or hazardous waste or any
constituent thereof may enter the environment or be
emitted into the air or discharged into any waters,
including groundwaters.
“Disposal facility” means a facility or part of a
facility at which hazardous waste is intentionally
placed
into
or
on
any
land
or
water
and
at
which
waste
will
remain
after
closure.
The
term
disposal
facility
does
not
include
a
corrective
action
manaainent
unit
kc~ANu)
into which remediation wastes are placed.
“Drip
pad”
means
an
engineered
structure
consisting
of
a
curbed,
free—draining
base,
constructed
of
non—
earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation
and surface water run—on to an associated collection
system at wood preserving plants.
“Elementary neutralization unit” means a device which:
Is used for neutralizing wastes which are
hazardous only because they exhibit the
corrosivity characteristic defined in 35 Ill.
Adm.
Code 721.122 or are listed in 35 Ill. Adm. Code
721.Subpart D only for this reason; and
Meets the definition of tank, tank system,
container, transport vehicle or vessel in this
Section.
“EPA” or “U.S.
EPA” or “USEPA” means United States
Environmental Protection Agency.
“EPA
hazardous
waste
number”
or
“U.S.
EPA
hazardous
waste number” or “USEPA hazardous waste number” means
the number assigned by EPA to each hazardous waste
listed
in
35
Ill.
Adm.
Code
721.Subpart
D
and
to
each
characteristic identifled in 35 Ill.
Adm.
Code
721.Subpart
C.
“EPA identification number” or “U.S.
EPA identification
number” or “USEPA identification number” means the
number assigned by U~SJEPApursuant to 35 Ill.
Adm.
Code 722 through 725 to each generator,
transporter and
treatment,
storage or disposal facility.
“EPA region” means the states and territories found in
any one of the following ten regions:
• Region
I: N~ine~Vermont, New Hampshire,
Massachusetts, Connecticut and Rhode Island
40
Region II: New York, New Jersey, Commonwealth of
Puerto Rico and the U.S. Virgin Islands
Region III: Pennsylvania, Delaware, Maryland, West
Virginia, Virginia and the District of Columbia
Region
IV:
Kentucky,
Tennessee,
North
Carolina,
Mississippi, Alabama,
Georgia, South Carolina and
Florida
Region
V:
Minnesota,
Wisconsin,
Illinois,
Michigan, Indiana and Ohio
Region
VI:
New
Mexico,
Oklahoma,
Arkansas,
Louisiana and Texas
Region VII: Nebraska, Kansas, Missouri and Iowa
Region VIII: Montana, Wyoming, North Dakota, South
Dakota, Utah and Colorado
Region IX: California, Nevada, Arizona,
Hawaii,
Guam, American Samoa and Commonwealth of the
Northern Mariana Islands
Region X: Washington, Oregon,
Idaho and Alaska
“Equivalent method” means any testing or analytical
method approved by the Board pursuant to Section
720. 120.
“Existing hazardous waste management
(HWM)
facility” or
“existing facility” means a facility which was in
operation or for which construction commenced on or
before November 19,
1980. A facility had commenced
construction if the owner or operator had obtained the
federal,
state and local approvals or permits necessary
to begin physical construction and either:
A continuous on-site, physical construction
program had begun or
The owner or operator had entered into contractual
obligations
-—
which could not be cancelled or
modified without substantial loss
—-
for physical
construction of the facility to be completed
within a reasonable time.
“Existing portion” means that land surface area of an
existing waste management unit,
included in the
original Part A permit application, on which wastes
have been placed prior to the issuance of a permit.
41
“Existing tank system” or “existing component” means a
tank system or component that is used for the storage
or treatment of hazardous waste and that is in
operation, or for which installation has commenced on
or prior to July 14,
1986. Installation will be
considered to have commenced if the owner or operator
has obtained all federal, State and local approvals or
permits necessary to begin physical construction of the
site or installation of the tank system and if either
A continuous on-site physical construction or
installation program has begun; or
The owner or operator has entered into contractual
obligations
——
which cannot be canceled or
modified without substantial loss
--
for
physical
construction of the site or installation of the
tank system to be completed within a reasonable
time.
“Facility”
meansj
Aall contiguous land and structures,
other
appurtenances~and improvements on the land used
for treating, storing~.or disposing of hazardous
waste. _A facility may consist of several
treatment, storage~or disposal operational units
(e.g., one or more landfills, surface
impoundments~or combinations of them).
For the purpose of implementing corrective action
under 35 Ill. Adm. Code 264.201. all contiguous
property under the control of the owner or
operator seekina a
permit
under
Subtitle
C
of
RCRA.
This definition also applies to facilities
implementing corrective action under
RCRA
Section
3008(h).
“Final closure” means the closure of all hazardous
waste management units at the facility in accordance
with
all
applicable
closure
requirements
so
that
hazardous waste management activities under 35 Ill.
Adm. Code 724 and 725 are no longer conducted at the
facility unless subject to the provisions of 35 Ill.
Adm.
Code 722.134.
“Federal
agency”
means
any
department,
agency
or
other
instrumentality of the federal government,
any
independent agency or establishment of the federal
government including any government corporation and the
Government Printing Office.
42
“Federal, state and local approvals or permits
necessary to begin physical construction” means permits
and approvals required under federal, state or local
hazardous
waste control statutes, regulations or
ordinances.
“Food—chain crops” means tobacco,
crops grown for human
consumption
and
crops
grown
for
feed
for
animals
whose
products are consumed by humans.
~
means
the
vertical
distance
between
the
top
of
a
tank
or
surface
impoundment
dike
and
the
surface
of the waste contained therein.
“Free liquids” means liquids which readily separate
from the solid portion of a waste under ambient
temperature and pressure.
“Generator” means any person, by site, whose act or
process produce hazardous waste identified or listed in
35 Ill.
Adm. Code 721 or whose act first causes a
hazardous waste to become subject to regulation.
“Groundwater” means water below the land surface in a
zone of saturation.
“Hazardous waste” means a hazardous waste as defined in
35
Ill.
Adm.
Code
721.103.
“Hazardous
waste
constituent”
means
a
constituent
which
caused the hazardous waste to be listed in 35 Ill. Adm.
Code 721.Subpart
D,
or a constituent listed in of
35
Ill.
Adm. Code 721.124.
“Hazardous waste management unit”
is a contiguous area
of
land
on
or
in
which
hazardous
waste
is
placed,
or
the largest area in which there
is significant
likelihood
of
mixing
hazardous waste constituents in
the same area. Examples of hazardous waste management
units include a surface impoundment,
a waste pile,
a
land treatment area,
•a landfill cell, an incinerator,
a
tank and its associated piping and underlying
containment system and a container storage area. A
container alone does not constitute a unit; the unit
includes containers and the land or pad upon which the;
are placed.
“Inactive portion” means that portion of a facility
which is not operated after November 19,
1980.
(See
also “active portion” and “closed portion”.)
“Incinerator” means any enclosed device that:
43
Uses controlled flame combustion and neither:
Meets the criteria for classification as a
boiler, sludge dryer or carbon regeneration
unit, nor
Is listed as an industrial furnace;
or
Meets the definition of infrared incinerator or
plasma arc incinerator.
“Incompatible waste” means a hazardous waste which is
suitable for:
Placement in a particular device or facility
because
it
may
cause
corrosion
or
decay
of
containment materials (e.g., container inner
liners or tank walls);
or
Commingling with another waste or material under
uncontrolled conditions because the commingling
might produce heat or pressure, fire or explosion,
violent reaction, toxic dusts, mists,
fumes or
gases or flammable fumes or gases.
(See 35 Ill. Adm. Code 725.Appendix E for
examples.)
“Industrial furnace” means any of the following
enclosed devices that are integral components of
manufacturing processes and that use thermal treatment
to accomplish recovery of materials or energy:
Cement kilns
Lime kilns
Aggregate kilns
Phosphate kilns
Coke
ovens
Blast furnaces
Smelting, melting and refining furnaces (including
pyrometallurgical devices such as cupolas,
reverberator furnaces, sintering machines,
roasters and foundry furnaces)
Titanium dioxide chloride process oxidation
reactors
44
Methane reforming furnaces
Pulping liquor recovery furnaces
Combustion devices used in the recovery of sulfur
values
from
spent
sulfuric
acid
Halogen
acid
furnaces
(HAFs)
for
the
production
of
acid from halogenated hazardous waste generated by
chemical production facilities where the furnace
is located on the site of a chemical production
facility, the acid product has a halogen acid
content of at least 3,
the acid product is used
in a manufacturing process and, except for
hazardous
waste
burned
as
fuel,
hazardous
waste
fed to the furnace has a minimum halogen content
of 20,
as generated.
Any other such device as the Agency determines to
be
an
“Industrial
Furnace”
on
the
basis
of
one
or
more of the following factors:
The design and use of the device primarily to
accomplish recovery of material products;
The use of the device to burn or reduce raw
materials to make a material product;
The
use
of
the
device
to
burn
or
reduce
secondary
materials
as
effective
substitutes
for raw materials, in processes using raw
materials
as
principal
feedstocks;
The use of the device to burn or reduce
secondary materials as ingredients in an
industrial process to make a material
product;
The use of the device in common industrial
practice to produce a material product; and
Other relevant factors.
“Individual generation site” means the cr~ritiguoussite
at or on which one or more hazardous wasLs are
generated. An individual generation site, such as a
large manufacturing plant, may have one or more sources
of hazardous waste but is considered a single or
individual generation site if the site or property is
contiguous.
“Infrared incinerator” means any enclosed~devicewhich
45
uses electric powered resistance heaters as a source of
radiant heat followed by an afterburner using
controlled flame combustion and which is not listed as
an
industrial
furnace.
“Inground tank” means a device meeting the definition
of “tank” whereby a portion of the tank wall is
situated to any degree within the ground, thereby
preventing visual inspection of that external surface
area of the tank that is in the ground.
“In operation” refers to a facility which is treating,
storing or disposing of hazardous waste.
“Injection well” means a well into which fluids are
being injected.
(See also “underground injection”.)
“Inner liner” means a continuous layer of material
placed inside a tank or container which protects the
construction materials of the tank or container from
the contained waste or reagents used to treat the
waste.
“Installation inspector” means a person who,
by reason
of knowledge of the physical sciences and the
principles of engineering, acquired by a professional
education and related practical experience, is
qualified to supervise the installation of tank
systems.
“International shipment” means the transportation of
hazardous waste into or out of the jurisdiction of the
United States.
“Land treatment facility” means a facility or part of a
facility at which hazardous waste is applied onto or
incorporated into the soil surface; such facilities are
disposal facilities if the waste will remain after
closure.
“Landfill” means a disposal facility or part of a
facility where hazardous waste is placed in or on land
and which is not a pile,
a land treatment facility, a
surface impoundment, an underground injection well, a
salt dome formation,
a salt bed formation. an
underground mine~
er—a
cave,
or
a
corrective
action
mana~ementunit
(CAMU).
“Landfill cell” means a discrete volume of a hazardous
waste landfill which uses a liner to provide isolation
of wastes from adjacent cells or wastes.
Examples of
landfill cells are trenches and pits.
46
“LDS” means leak detection system.
“Leachate”
means
any
liquid,
including
any
suspended
components in the liquid, that has percolated through
or drained from hazardous waste.
“Liner” means a continuous layer of natural or manmade
materials beneath or on the sides of a surface
impoundment, landfill or landfill cell, which restricts
the downward or lateral escape of hazardous waste,
hazardous waste constituents or leachate.
“Leak—detection system” means a system capable of
detecting the failure of either the primary or
secondary containment strv~ctureor the presence of a
release of hazardous waste or accumulated liquid in the
secondary containment structure. Such a system must
employ operational controls (e.g., daily visual
inspections for releases into the secondary containment
system of aboveground tanks)
or consist of an
interstitial monitoring device designed to detect
continuously and automatically the failure of the
primary or secondary containment structure or the
presence of a release of hazardous waste into the
secondary containment structure.
“Management” or “hazardous waste management” means the
systematic control of the collection,
source
separation, storage,
transportation, processing,
treatment,
recovery and disposal of hazardous waste.
“Manifest” means the shipping document originated and
signed by the generator which contains the information
required by 35 Ill. Adm. Code 722.Subpart B.
“Manifest document number” means the U.S. EPA twelve
digit identification number assigned to the generator
plus a unique five digit document number assigned to
the manifest by the generator for recording and
reporting purposes.
“Mining overburden returned to the mine site” means any
material overlying an economic mineral deposit which is
removed to gain access to t~t deposit and is then used
for
reclamation
of
a
surface
~mine.
“Miscellaneous unit” means a hazardous waste management
unit where hazardous waste is treated, stored or
disposed of and which is not a container,
tank,
tank
system, surface impoundment, pile,
land treatment unit,
landfill,
incinerator, boiler, industrial furnace,
underground injection well with appropriate technical
47
standards under 35 Ill. Adm. Code 730, containment
building, corrective action manaaement unit
(CANIJ).
or
a unit eligible for a research, development and
demonstration permit under 35 Ill. Adm. Code 703.231.
“Movement” means that hazardous waste transported to a
facility
in
an
individual
vehicle.
“New hazardous waste management facility” or “new
facility” means a facility which began operation, or
for which construction commenced, after November 19,
1980.
(See also “Existing hazardous waste management
facility”.)
“New tank system” or “new tank component” means a tank
system or component that will be used for the storage
or treatment of hazardous waste and for which
installation commenced after July 14,
1986; except,
however,
for purposes of 35 Ill.
Adin.
Code
724.293(g) (2) and 725.293(g) (2),
a new
tank system
is
one for which construction commences after July 14,
1986.
(See also “existing tank system.”)
“Onground tank” means a device meeting the definition
of “tank” that is situated in such a way that the
bottom of the tank is on the same level as the adjacent
surrounding surfaces so that the external tank bottom
cannot be visually inspected.
“On-site” means the same or geographically contiguous
property which may be divided by public or private
right-of—way, provided the entrance and exit between
the properties is at a crossroads interSection and
access is by crossing as opposed to going along the
right-of-way. Noncontiguous properties owned by the
same person but connected by a right—of—way which he
controls and to which the public does not have access
is also considered on—site property.
“Open burning” means the combustion of any material
without the following characteristics:
Control of combustion air to maintain adequate
temperature for efficient combustion;
Containment of the combustion reaction in an
enclosed
device
to
provide
sufficient
residence
time and mixing for complete combustion; and
Control of emission of the gaseous combustion
products.
48
(See also “incineration” and “thermal treatment”.)
“Operator” means the person responsible for the overall
operation of a facility.
“Owner” means the person who owns a facility or part of
a
facility.
“Partial closure” means the closure of a hazardous
waste management unit in accordance with the applicable
closure requirements of 35 Ill.
Adm.
Code 724 or 725 at
a facility which contains other active hazardous waste
management units. For example, partial closure may
include the closure of a tank (including its associated
piping and underlying ôontainment systems), landfill
cell, surface impoundment, waste pile or other
hazardous waste management unit,
while other units of
the same facility continue to operate.
“Person” means an individual,
trust,
firm, joint stock
company, federal agency, corporation (including a
government corporation), partnership, association,
state,
municipality,
commission,
political
subdivision
of a state or any interstate body.
“Personnel” or “facility personnel” means all persons
who work at or oversee the operations of a hazardous
waste facility and whose actions or failure to act may
result in noncompliance with the requirements of
35
Ill. Adm. Code 724 or 725.
“Pile” means any noncontainerized accumulation of
solid, non—flowing hazardous waste that is used for
treatment or storage, and that is not a containment
building.
“Plasma arc incinerator” means any enclosed device
which
uses
a
high
intensity
electrical
discharge
or
arc
as
a
source
of
heat
followed
by
an
afterburner
using
controlled flame combustion and which is not listed as
an industrial furnace.
“Point source” means any discernible, confined and
discrete conveyance including,
but not limited to, any
pipe, ditch, ch~nel, tunnel, conduit, well, discrete
fissure,
container, rolling stock, concentrated animal
feeding operation or vessel or other floating craft
from which pollutants are or may be discharged. This
term does not include return flows from irrigated
agriculture.
“Publicly owned treatment works” or “POTW” is as
49
defined in 35 Ill.
Adm. Code 310.110.
“Qualified groundwater scientist” means a scientist or
engineer who has received a baccalaureate or post-
graduate degree in the natural sciences or engineering,
and has sufficient training and experience in
groundwater hydrology and related fields, as
demonstrated by state registration, professional
certifications or completion of accredited university
courses that enable the individual to make sound
professional judgments regarding groundwater monitoring
and
contaminant
fate
and
transport.
BOARD
NOTE:
“State registration” includes, but is
not
limited
to,
registration
as
a
professional
engineer with the Department of Professional
Regulation, pursuant to Ill. Rev. Stat. ~1991,ch.
111,
par. 5201 (225 ILCS 325/1
and 68 Ill.
Adin.
Code
1380.
“Professional
certification”
includes,
but
is
not
limited
to,
certification
under
the
certified
ground
water
professional program of the
National Ground Water Association.
“Regional Administrator” means the Regional
Administrator for the EPA Region in which the facility
is located or the Regional Administrator’s designee.
“Remediation waste” means all solid and hazardous
wastes,
and
all
media
(including
groundwater,
surface
water.
soils, and sediments) and debris that contain
listed hazardous wastes or which themselves exhibit a
hazardous waste characteristic which are managed for
the purpose of implementing corrective action
requirements under 35 Ill. Adm. Code 724.201 and
RCRA
Section 3008(h).
For a given facility, remeditation
wastes may originate only from within the facility
boundary. but may include waste manaaed in implementing
RCRA sections 3004(v)
or 3008(h)
for releases beyond
the facility boundary..
“Representative sample” means a sample of a universe or
whole
(e.g., waste pile,
lagoon, groundwater) which can
be expected to exhibit the average properties of the
universe or whole.
“Replacement unit” means a landfill, surface
impoundment or waste pile unit from which all or
substantially all of the waste is removed, and which is
subsequently reused to treat,
store or dispose of
hazardous waste.
“Replacement unit” does not include a
unit from which waste is removed during closure,
if the
subsequent reuse solely involves the disposal of waste
50
from that unit and other closing units or corrective
action areas at the facility,
in accordance with a
closure or corrective action plan approved by U~S~EPA
or the Agency.
“Runoff” means any rainwater,
leachate or other liquid
that drains over land from any part of a facility.
“Runon” means any rainwater,
leachate or other liquid
that drains over land onto any part of a facility.
“Saturated zone” or “zone of saturation” means that
part of the earth’s crust in which all voids are filled
with water.
“SIC Code” means Standard Industrial Code as defined in
Standard
Industrial
Classification
Manual,
incorporated
by reference in Section 720.111.
“Sludge” means any solid,
semi—solid or liquid waste
generated from a municipal, commercial or industrial
wastewater treatment plant, water supply treatment
plant or air pollution control facility exclusive of
the
treated
effluent
from
a
wastewater
treatment
plant.
“Sludge dryer” means any enclosed thermal treatment
device which is used to dehydrate sludge and which has
a
total
thermal
input,
excluding
the
heating
value
of
the sludge itself,
of 2500 Btu/lb or less of sludge
treated on
a wet weight basis.
“Small Quantity Generator” means a generator which
generates less than 1000 kg of hazardous waste in a
calendar month.
“Solid waste” means a solid waste as defined in 35 Ill.
Adm. Code 721.102.
“Sorbent” means a material that is used to soak up free
liquids by either adsorption or absorption, or both.
“Sorb” means to either adsorb or absorb, or both.
“Sump” means any pit or reservoir that meets the
definition of tank and those troughs or trenches
co~~iectedto it that serve to collect hazardous waste
for transport to hazardous waste storage, treatment or
disposal facilities; except that, as used in the
landfill, surface impoundment and waste pile rules,
“sump” means any lined pit or reservoir that serves to
collect liquids drained from a leachate collection and
removal system or leak detection system for subsequent
removal from the system.
51
“State” means any of the several states, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands.
“Storage” means the holding of hazardous waste for a
temporary period, at the end of which the hazardous
waste is treated, disposed of or stored elsewhere.
“Surface impoundment” or “impoundment” means a facility
or part of a facility which is a natural topographic
depression,
manmade
excavation
or
diked
area
formed
primarily
of
earthen
materials
(although
it may be
lined with manmade materials) which is designed to hold
an
accumulation
of
liquid
wastes
or
wastes
containing
free liquids and which is not an injection well.
Examples of surface impoundments are holding, storage,
settling and aeration pits,
ponds and lagoons.
“Tank” means a stationary device, designed to contain
an accumulation of hazardous waste which is constructed
primarily of nonearthen materials
(e.g., wood,
concrete,
steel, plastic) which provide structural
support.
“Tank
system” means a hazardous waste storage or
treatment
tank
and
its
associated
ancillary
equipment
and containment system.
“Thermal treatment” means the treatment of
hazardous
waste in a device which uses elevated temperatures as
the primary means to change the chemical, physical or
biological character or composition of the hazardous
waste.
Examples of thermal treatment processes are
incineration, molten salt, pyrolysis,
calcination, wet
air oxidation and microwave discharge.
(See also
“incinerator” and “open burning”.)
“Totally enclosed treatment facility” means a facility
for the treatment of hazardous waste which is directly
connected
to
an
industrial
production
process and which
is constructed and operated in a manner which prevents
the release of any hazardous waste or any constituent
thereof into the environment during treatment. An
example is a pipe in which waste acid is neutralized.
“Transfer facility” means any transportation related
facility including loading docks, parking areas,
storage areas and other similar areas where shipments
of hazardous waste are held during the normal course of
transportation.
52
“Transport vehicle” means a motor vehicle or rail car
used for the transportation of cargo by any mode.
Each
cargo-carrying
body
(trailer,
railroad freight car,
etc.)
is a separate transport vehicle.
“Transportation”
means
the
movement
of
hazardous
waste
by air, rail, highway or water.
“Transporter” means a person engaged in the off—site
transportation
of
hazardous
waste
by
air,
rail,
highway
or
water.
“Treatability study” means:
A study in which a hazardous waste is subjected to
a treatment process to determine:
Whether the waste is amenable to the
treatment process.
What pretreatment
(if any)
is required.
The
optimal
process
conditions
needed
to
achieve the desired treatment.
The efficiency of a treatment process for a
specific waste or wastes. Or,
The characteristics and volumes of residuals
from a particular treatment process.
Also included in this definition for the purpose
of 35 Ill. Adm. Code 721.104(e) and
(f) exemptions
are liner compatibility, corrosion and other
material compatibility studies and toxicological
and health effects studies. A “treatability study”
is not a means to commercially treat or dispose of
hazardous waste.
“Treatment” means any method, technique or process,
including neutralization, designed to change the
physical, chemical or biological character or
composition of any hazardous waste so as to neutralize
such waste, or so as to recover energy or material
resources from the waste or so as to render such waste
non—hazardous or less hazardous;
safer to transport,
store or dispose of; or amenable for recovery, amenable
for storage or reduced in volume.
“Treatment zone” means a soil area of the unsaturated
zone of a land treatment unit within which hazardous
constituents are degraded, transformed or immobilized.
53
“Underground injection” means the subsurface
emplacement of fluids through a bored, drilled or
driven well;
or through a dug well, where the depth of
the dug well is greater than the largest surface
dimension.
(See also “injection well”.)
“Underground tank” means a device meeting the
definition
of
“tank”
whose
entire
surface
area
is
totally below the surface of and covered by the ground.
“Unfit—for—use tank system” means a tank system that
has
been
determined
through
an
integrity
assessment
or
other
inspection
to
be
no
longer
capable
of
storing
or
treating
hazardous
waste
without
posing
a
threat
of
release of hazardous waste to the environment.
“Uppermost aquifer” means the geologic formation
nearest the natural ground surface that is an aquifer,
as
well
as
lower
aquifers
that
are
hydraulically
interconnected with this aquifer within the facility’s
property boundary.
“United States” means the50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands,
Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands.
“Unsaturated zone” or “zone of aeration” means the zone
between the land surface and the water table.
“U.S. EPA” or “USEPA” means United States Environmental
Protection Agency.
“Used oil” means any oil that has been refined from
crude oil, or any synthetic oil, that has been used and
as a result of such use is contaminated by physical or
chemical impurities.
“Vessel” includes every description of watercraft, used
or capable of being used as a means of transportation
on the water.
“Wastewater treatment unit” means a device which:
Is part of awastewater treatment facility which
has an NPDES permit pursuant to 35 Ill. Adm.
Code
309 or a pretreatment permit or authorization to
discharge pursuant to 35 Ill. Adm. Code 310; and
Receives and treats or stores an influent
wastewater which is a hazardous waste as defined
in 35 Ill.
Adm. Code 721.103, or generates and
54
accumulates
a wastewater treatment sludge which is
a hazardous waste as defined in 35 Ill. Adm. Code
721.103, or treats or stores a wastewater
treatment sludge which is a hazardous waste as
defined in 35 Ill. Adm. Code 721.103; and
Meets
the
definition
of
tank
or
tank
system
in
this Section.
“Water (bulk shipment)” means the bulk transportation
of
hazardous
waste
which
is
loadeã
or
carried
on
board
a vessel without containers or labels.
“Well” means any shaft or pit dug or bored into the
earth,
generally
of
a
cylindrical
form,
and
often
walled with bricks or tubing to prevent the earth from
caving in.
“Well injection”
(See “underground injection”).
“Zone of engineering control” means an area under the
control
of
the
owner
or
operator
that,
upon
detection
of
a hazardous waste release, can be readily cleaned up
prior to the release of hazardous waste or hazardous
constituents to groundwater or surface water.
(Source:
Amended at
)
Ill. Reg.
,
effective
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE C: WASTE DISPOSAL
CHAPTER
I: POLLUTION CONTROL BOARD
SUBCHAPTER c:
HAZARDOUS
WASTE OPERATING REQUIREMENTS
PART
721
IDENTIFICATION
AND
LISTING OF HAZARDOUS WASTE
SUBPART A: GENERAL
PROVISIONS
Section
721. 101
721.102
721. 103
721.104
721.
105
721. 106
721.107
721.108
Purpose and Scope
Definition of Solid Waste
Definition of Hazardous Waste
Exclusions
Special Requirements for Hazardous Waste Generated by
Small Quantity Generators
Requirements for Recyclable Materials
Residues of Hazardous Waste in Empty Containers
PCB Wastes Regulated under TSCA
SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS
WASTE AND FOR LISTING
HAZARDOUS
WASTES
55
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
721.121
721.
122
721.
123
721.
124
Section
721.130
721. 131
721.132
721.133
721.135
72l.Appendix
721.Appendix
72l.Appendix
Table A
Table B
Table C
General
Characteristic
of
Ignitability
Characteristic of Corrosivity
Characteristic of Reactivity
Toxicity
Characteristic
SUBPART D: LISTS OF HAZARDOUS
WASTE
General
Hazardous Wastes From Nonspecific Sources
Hazardous Waste from Specific Sources
Discarded Commercial Chemical Products, Off—
Specification Species, Container Residues and Spill
Residues Thereof
Wood Preserving Wastes
A
Representative
Sampling
Methods
B Method 1311 Toxicity Characteristic Leaching
Procedure
(TCLP)
C
Chemical
Analysis
Test
Methods
Analytical Characteristics of Organic Chemicals
(Repealed)
Analytical Characteristics of Inorganic Species
(Repealed)
Sample Preparation/Sample Introduction Techniques
(Repealed)
C Basis for Listing Hazardous Wastes
H Hazardous Constituents
I Wastes Excluded under Section 720.120 and 720.122
Wastes
Excluded
from
Non—Specific
Sources
Wastes Excluded from Specific Sources
Wastes Excluded From Commercial Chemical Products,
Off-Specification Species, Container Residues, and
Soil Residues Thereof
Wastes Excluded by Adjusted Standard
J Method of Analysis for Chlorinated Dibenzo-p-
Dioxins and Dibenzofurans
Table to Section 721.102
721.Appendix
721.Appendix
721. Appendix
Table A
Table B
Table C
Table D
721.Appendix
721.Appendix Z
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.
Adm. Code 700.106; amended and
56
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 31,
at 7 Ill. Reg. 2518,
effective February 22,
1983;
amended in R82-
19,
53 PCB 131, at
7
Ill. Reg.
13999, effective October 12,
1983;
amended in R84—34,
61 PCB 247, at 8
Ill. Reg. 24562, effective
December 11,
1984; amended in R84—9, at
9 Ill. Reg.
11834,
effective July 24,
1985; amended in R85—22 at 10 Ill. Reg.
998,
effective
January
2,
1986;
amended
in
R85—2
at
10
Ill.
Reg.
8112,
effective
Nay
2,
1986;
amended
in
R86—1
at
10
Ill.
Reg.
14002,
effective
August
12,
1986;
amended
in
R86-19
at
10
Ill.
Reg.
20647,
effective
December
2,
1986;
amended
in
R86—28
at
11
Ill.
Reg.
6035,
effective
March
24,
1987;
amended
in
R86—46
at
11
Ill.
Reg.
13466, effectiv9eAugust
4, 1987;
amended in R87—32 at 11
Ill.
Reg.
16698,
effective
September
30,
1987;
amended
in
R87—5
at 11 Ill. Reg.
19303, effective November 12,
1987;
amended in
R87—26 at 12 Ill.
Reg.
2456, effective January 15,
1988; amended
in R87—30 at 12 Ill. Reg.
12070, effective July 12,
1988; amended
in
R87—39
at
12
Ill.
Reg.
13006,
effective
July
29,
1988;
amended
in R88—16 at 13
Ill.
Reg.
382, effective December 27,
1988;
Ill.
amended
in
R89-1
at
13
Reg.
18300,
effective
November
13,
1989; amended in R90-2 at 14 Ill. Reg. 14401, effective August
22,
1990; amended in R90—10 at 14 Ill. Reg. 16472,
effective
September 25,
1990;
amended in R90-17 at 15 Ill. Reg.
7950,
effective May 9,
1991; amended in R90—ll at 15 Ill.
Reg. 9332,
effective June 17,
1991; amended in R91—1 at 15 Ill. Reg.
14473,
effective September 30,
1991; amended in R91-l2 at 16 Ill.
Reg.
2155, effective January 27, 1992;
amended in R91—26 at 16 Ill.
Reg.
2600, effective February 3,
1992; amended in R91-13 at 16
Ill. Reg.
9519, effective June 9,
1992; amended in R92-1 at 16
Ill.
Reg.
17666,
effective
November
6,
1992;
amended
in
R92-10
at
17 Ill. Reg.
5650, effective March 26,
1993; amended in R93—4 at
17 Ill. Reg. 20568,
effective November 22,
1993;
amended in R93—
16 at
Ill. Req.
,
effective
SUBPART A: GENERAL PROVISIONS
Section 721.104
Exclusions
a)
Materials which are not solid wastes. The following
materials are not solid wastes for the purpose of this
Part:
1)
Sewage:
A)
Domestic sewage; and
B)
Any mixture of domestic sewage and other
waste that passes through a sewer system to
publicly—owned treatment works for treatment.
“Domestic sewage” means untreated sanitary
wastes that pass through a sewer system.
57
2)
Industrial
wastewater
discharges
that
are
point
source discharges with NPDES permits issued by the
Agency pursuant to Section 12(f)
of the
Environmental Protection Act and 35 Ill.
Adiu.
Code
309.
BOARD
NOTE: This exclusion applies only to the
actual point source discharge.
It does not exclude
industrial
wastewaters
while
they
are
being
collected,
stored
or
treated
before
discharge,
nor
does it exclude sludges that are generated by
industrial wastewater treatment.
3)
Irrigation return flows.
4)
Source,
special nuclear or by—product material as
defined by the Atomic Energy Act of 1954,
as
amended
(42 U.S.C.
2011 et seq.)
5)
Materials subjected to in-situ mining techniques
which are not removed from the ground as part of
the extraction process.
6)
Pulping liquors
(i.e.,
black liquor) that are
reclaimed in a pulping liquor recovery furnace and
then reused in the pulping process, unless
accumulated speculatively as defined in Section
721.101(c);
7)
Spent sulfuric acid used to produce virgin
sulfuric acid,
unless it
is
accumulated
speculatively as defined in Section 721.101(c).
8)
Secondary materials that are reclaimed and
returned to the original process or processes in
which they were generated where they are reused
in
the production process,
provided:
A)
Only tank storage is involved,
and the entire
process through completion of reclamation is
closed by being entirely connected with pipes
or other comparable enclosed means of
conveyance;
-
B)
Reclamation does not involve controlled flame
combustion
(such as occurs in boilers,
industrial furnaces or incinerators);
C)
The secondary materials are never accumulated
in such tanks for over twelve months without
being reclaimed; and
58
D)
The reclaimed material is not used to produce
a fuel, or used to produce products that are
used
in
a
manner
constituting
disposal.
9)
Wood preserving wastes.
A)
Spent
wood
preserving
solutions
that
have
been used and are reclaimed and reused for
their original intended purpose; and
B)
Wastewaters
from
the
wood
preserving
process
that
have
been
reclaimed
and
are
reused
to
treat wood.
10)
Hazardous waste number K060,
K087,
K14l, K142~
K143,
K144,
Kl45,
K147, and K148,
and any wastes
from the coke by—products processes which are
hazardous
only because they exhibit the toxicity
characteristic specified in Section 721.124, when,
subsequent to generation,
these materials are
recycled to coke ovens,
to the tar recovery
process as a feedstock to produce coal tar or are
mixed
with
coal
tar
prior
to
the
tar’s
sale
or
refining.
This exclusion is conditioned on there
being
no
land
disposal
of
the
wastes
from
the
point they are generated to the point they are
recycled to coke ovens or tar recovery or the tar
refining processes, or mixed with coal.
11)
Nonwastewater splash condenser dross residue from
the treatment of K061 in high temperature metals
recovery units, provided it is shipped in drums
(if
shipped)
and
not
land
disposed
before
recovery.
b)
Solid wastes which are not hazardous wastes. The
following solid wastes are not hazardous wastes:
1)
Household waste,
including household waste that
has
been
collected,
transported,
stored,
treated,
disposed,
recovered
(e.g.,
refuse—derived
fuel)
or
reused.
“Household waste” means any waste
material
(including garbage, trash and sanitary
wastes in septic tanks) derived from households
(including single and
multiple
residences,
hotei.~
and
motels,
bunkhouses,
ranger stations,
crew
quarters, campgrounds, picnic grounds and day—use
recreation areas).
A resource recovery facility
managing municipal solid waste shall not be deemed
to be treating,
storing, disposing of or otherwise
managing hazardous wastes for the purposes of
regulation under this Part,
if such facility:
59
A)
Receives
and
burns
only:
i)
Household waste
(from single and
multiple dwellings, hotels, motels and
other residential sources) and
ii)
Solid waste from commercial or
industrial sources that does not contain
hazardous
waste;
and
B)
Such
facility
does
not
accept
hazardous
waste
and
the
owner
or
operator
of
such
facility
has established contractual requirements or
other appropriate notification or inspection
procedures to assure that hazardous wastes
are not received at or burned in such
facility.
2)
Solid wastes generated by any of the following and
which are returned to the soil as fertilizers:
A)
The growing and harvesting of agricultural
crops.
B)
The raising of animals,
including animal
manures.
3)
Mining
overburden
returned
to
the
mine
site.
4)
Fly ash waste,
bottom ash waste,
slag waste and
flue gas emission control waste generated
primarily from the combustion of coal or other
fossil fuels, except as provided in 35 Ill.
Adin.
Code 726.212 for facilities that burn or process
hazardous waste.
5)
Drilling fluids, produced waters, and other wastes
associated with the exploration, development,
or
production of crude oil, natural gas or geothermal
energy.
6)
Chromium
wastes:
A)
Wastes which fail the test for the toxicity
characteristic (Sections 721.124 and
721.Appendix B) because chromium is present
or are listed in Subpart D of this Part due
to the presence of chromium, which do not
fail the test for the toxicity characteristic
for any other constituent or are not listed
due to the presence of any other constituent,
and which do not fail the test for any other
60
characteristic,
if it is shown by a waste
generator or by waste generators that:
1)
The chromium in the waste is exclusively
(or
nearly
exclusively)
trivalent
chromium; and
ii)
The waste is generated from an
industrial process which uses trivalent
chromium exclusively
(or nearly
exclusively) and
the
process does not
generate
hexavalent
chromium;
and
iii) The waste is typically and frequently
managed in non—oxidizing environments.
B)
Specific wastes which meet the standard in
subsections
(b)(6)(A)(i),
(ii) and ~(iii),
above,
(so
long
as
they
do
not
fail
the
test
for the toxicity characteristic for any other
constituent and do not exhibit any other
characteristic)
are:
i)
Chrome
(blue) trimmings generated by the
following subcategories of the leather
tanning and finishing industry; hair
pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-
the-blue; and shearling.
ii)
Chrome
(blue)
shavings generated by the
following subcategories of the leather
tanning and finishing industry; hair
pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-
the-blue;
and
shearling.
iii) Buffing dust generated by the following
subcategories of the leather tanning and
finishing industry: hair pulp/chrome
tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish;
no beanthouse; through—the blue.
iv)
Sewer screenings generated by the
following subcategories of the leather
tanning and finishing industry: hair
pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-
61
the-blue; and shearling.
v)
Wastewater treatment sludges generated
by the following subcategories of the
leather tanning and finishing industry:
hair
pulp/chrome
tan/retan/wet
finish;
hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through—
the-blue; and shearling.
vi)
Wastewater treatment sludges generated
by the following subcategories of the
leather tanning and finishing industry:
hair pulp/chrome tan/retan/wet finish;
hair save/chrome tan/retan/wet finish;
and through-the-blue.
vii) Waste scrap leather from the leather
tanning industry, the shoe manufacturing
industry, and other leather product
manufacturing industries.
viii)
Wastewater treatment sludges from
the production of titanium dioxide
pigment using chromium—bearing ores
by the chloride process.
7)
Solid waste from the extraction,
beneficiation and
processing of ores and minerals (including coal,
phosphate rock and overburden from the mining of
uranium ore), except as provided by 35 Ill.
Adm.
Code 726.212
for
facilities
that
burn
or
process
hazardous waste. For purposes of this subsection,
beneficjatjon of ores and minerals is restricted
to the following activities: crushing, grinding,
washing, dissolution, crystallization,
filtration,
sorting, sizing, drying,
sintering, pelletizing,
briquetting, calcining to remove water or carbon
dioxide, roasting, autoclaving or chlorination in
preparation for leaching (except where the
roasting or autoclaving or chlorination)/leaching
sequence produces a final or intermediate product
that does not undergo further beneficiation or
processing), gravity concentration, magnetic
separation,
electrostatic separation, floatation,
ion exchange, solvent extraction,
electrowinning,
precipitation, amalgamation, and heap,
dump,
vat
tank and in situ leaching. For the purposes of
this subsection,
solid waste from the processing
of ores and minerals includes only the following
wastes:
62
A)
Slag from primary copper processing;
B)
Slag from primary lead processing;
C)
Red and brown muds from bauxite refining;
D)
Phosphogypsum from phosphoric acid
production;
E)
Slag from elemental phosphorus production;
F)
Gasifier ash from coal gasification;
G)
Process wastewater from coal gasification;
H)
Calcium sulfate wastewater treatment plant
sludge from primary copper processing;
I)
Slag tailings from primary copper processing;
J)
Fluorogypsum from hydrofluoric acid
production;
K)
Process wastewater from hydrofluoric acid
production;
L)
Air pollution control dust/sludge from iron
blast furnaces;
M)
Iron blast furnace slag;
N)
Treated residue from roasting/leaching of
chrome ore;
0)
Process wastewater from primary magnesium
processing by the anhydrous process;
P)
Process wastewater from phosphoric acid
production;
Q)
Basic oxygen furnace and open hearth furnace
air pollution control dust/sludge from carbon
steel production;
R)
Basic oxygen furna~..sand open hearth furnace
slag from carbon steel production;
S)
Chloride processing waste solids from
titanium tetrachloride production; and,
T)
Slag from primary zinc smelting.
63
8)
Cement kiln dust waste, except as provided by 35
Ill.
Adm.
Code 726.212 for facilities that burn or
process hazardous waste.
9)
Solid waste which consists of discarded arsenical—
treated wood or wood products which fails the test
for the toxicity characteristic for hazardous
waste codes D004 through DOll and which is not a
hazardous waste for any other reason if the waste
is generated by persons who utilize the arsenical—
treated wood and wood products for these
materials’ intended end use.
10)
Petroleum-contaminated media and debris that fail
the test for the toxicity characteristic of
Section 721.124
(hazardous waste codes D018
through D043 only) and are subject to corrective
action regulations under 35 Ill.
Adm.
Code 731.
11)
Injected groundwater that is hazardous only
because it exhibits the toxicity characteristic
(U~S~EPAhazardous waste codes D018 through D024
only)
in Section 721.124 that is reinjected
through an underground injection well pursuant to
free phase hydrocarbon recovery operations
undertaken at petroleum refineries,
petroleum
marketing terminals petroleum bulk plants,
petroleum pipelines and petroleum spill sites
until January 25,
1993. This extension applies to
recovery operations in existence,
or for which
contracts have been issued, on or before March 25,
1991. For groundwater returned through
infiltration galleries from such at petroleum
refineries, marketing terminals and bulk plants,
until October
2,
1991. New operations involving
injection wells
(beginning after March 25,
1991)
will qualify for this compliance date extension
(until January 25,
1993) only if:
A)
Operations are performed pursuant to a “free
product removal report” pursuant to 35 Ill.
Adm. Code 731.164; and
B)
A copy of the “free product removal report”
has been submitted to:
Characteristics Section (OS—333)
U.S. EPA
401 N Street, SW
Washington,
D.C.
20460
12)
Used chlorofluorocarbon refrigerants from totally
64
enclosed heat transfer equipment,
including mobile
air conditioning systems, mobile refrigeration,
and commercial and industrial air conditioning and
refrigeration systems, which use chlorofluoro—
carbons as the heat transfer fluid in a
refrigeration cycle, provided the refrigerant is
reclaimed for further use.
13)
This oubscotion
40 CFrt 261.4(b)
ahould
(13), wh
contain the equivalent
ioh UCEPA hao not yo~
of
adopted.
14)
Thie oubooction ohould contain the equivalent of
40
cm
261.4(b) (14), which UCEPA haø not—yct
adopted
l~) Non-terne plated used oil filters which are not
mixed with wastes listed in Subpart D of this
Part,
if these oil filters have been gravity hot-
drained using one of the following methods:
A)
Puncturing the filter anti-drain back valve
or the filter dome end and hot-draining;
B)
Hot-draining and crushing;
C)
Dismantling and hot-draining;
or,
D)
Any
other equivalent hot-draining method
which will remove used oil.
141
Used oil re-refining distillation bottoms that are
used as feedstock to manufacture asphalt products.
c)
Hazardous wastes which are exempted from certain
regulations. A hazardous waste which is generated in a
product or raw material storage tank,
a product or raw
material transport vehicle or vessel,
a product or raw
material pipeline, or in a manufacturing process unit
or an associated non—waste—treatment manufacturing
unit,
is not subject to regulation under 35 Ill. Ada.
Code 702,
703, 705 and 722 through 725 and 728 or to
the notification requirements of Section 3010 of RCRA
until it exits the unit in which it was generated,
unless the uniL is a surface impoundment, or unless the
hazardous waste remains in the unit more than 90 days
after the unit ceases to be operated for manufacturing,
or for storage ortransportation of product or raw
materials.
d)
Samples
65
1)
Except as provided in subsection
(d) (2)
below,
a
sample of solid waste or a sample of water,
soil
or air, which is collected for the sole purpose of
testing to determine its characteristics or
composition, is not subject to any requirements of
this Part or 35 Ill.
Ada. Code 702,
703, 705 and
722 through 728. The sample qualifies when:
A)
The sample is being transported to a
laboratory for the purpose of testing; or
B)
The sample is being transported back to the
sample collector after testing; or
C)
The sample is being stored by the sample
collector before transport to a laboratory
for testing; or
D)
The sample is being stored in a laboratory
before testing; or
-
E)
The sample is being stored in a laboratory
for testing but before it is returned to the
sample collector;
or
F)
The sample is being stored temporarily in the
laboratory after testing for a specific
purpose (for example, until conclusion of a
court case or enforcement action where
further testing of the sample may be
necessary).
2)
In order to qualify for the exemption in
subsection
(d) (1) (A) and
(B)
above,
a sample
collector shipping samples to a laboratory and a
laboratory returning samples to a sample collector
must:
A)
Comply with U.S. Department of Transportation
(DOT), U.S. Postal Service (USPS) or any
other applicable shipping requirements; or
B)
Comply with the following requirements if the
sample collector determines that DOT, USPS or
other shipping requirements do not apply to
the shipment of the sample:
i)
Assure that the following information
accompanies the sample: The sample
collector’s name, mailing address and
telephone number; the laboratory’s name,
mailing address and telephone number;
66
the quantity of the sample; the date of
the shipment; and a description of the
sample.
ii)
Package the sample so that it does not
leak, spill or vaporize from its
packaging.
3)
This exemption does not apply if the laboratory
determines that the waste is hazardous but the
laboratory is no longer meeting any of the
conditions stated in subsection
(d) (1)
above.
e)
Treatability study samples.
1)
Except as is provided in subsection
(e) (2)
below,
persons who generate or collect samples for the
purpose of conducting treatability studies, as
defined in 35 Ill.
Ada. Code 720.110, are not
subject to any requirement of 35 Ill. Adm. Code
721 through 723 or to the notification
requirements of Section 3010 of the Resource
Conservation and Recovery Act. Nor are such
samples included in the quantity determinations of
Section 721.105 and 35 Ill. Ada. Code 722.134(d)
when:
A)
The sample is being collected and prepared
for transportation by the generator or sample
collector;
or,
B)
The sample is being accumulated or stored by
the generator or sample collector prior to
transportation to a laboratory or testing
facility; or
C)
The sample is being transported to the
laboratory or testing facility for the
purpose of conducting a treatability study.
2)
The exemption in subsection
(e) (1)
above is
applicable to samples of hazardous waste being
collected and shipped for the purpose of
conducting treatability studies provided that:
A)
The generator or sample collector uses (in
“treatability studies”)
no more than 1000 kg
of any non—acute hazardous waste,
1 kg of
acute hazardous waste or 250 kg of soils,
water or debris contaminated with acute
hazardous waste for each process being
evaluated for each generated wastestream; and
67
B)
The mass of each shipment does not exceed
1000 kg of non-acute hazardous waste,
1 kg of
acute hazardous waste or 250 kg of soils,
water or debris contaminated with acute
hazardous waste; and
C)
The sample must be packaged so that it does
not leak, spill or vaporize from its
packaging during shipment and the
requirements of subsections
(e) (2) (C) (1) or
(ii), below,
are met.
i)
The transportation of each sample
shipment complies with U.S. Department
of Transportation (DOT), U.S. Postal
Service
(USPS) or any other applicable
shipping requirements; or
ii)
If the DOT, USPS or other shipping
requirements do not apply to the
shipment of the sample, the following
information must accompany the sample:
The name, mailing address and telephone
number
of the originator of the sample;
the name,
address and telephone
number
of the facility that will perform the
treatability study; the quantity of the
sample; the date of the shipment; and, a
description of the sample, including its
U~S~EPAhazardous waste number.
D)
The sample is shipped to a laboratory or
testing facility which is exempt under
subsection
(f) below,
or has an appropriate
RCRA
permit or interim status.
E)
The generator or sample collector maintains
the following records for a period ending
3
years after completion of the treatability
study:
i)
Copies of the shipping documents;
ii)
A copy of the contract with the facility
conducting the treatability study;
iii) Documentation showing: The amount of
waste shipped under this exemption; the
name,
address and UJ..SJEPA
identification
number
of the laboratory
or testing facility that received the
waste; the date the shipment was made;
68
and, whether or not unused samples and
residues were returned to the generator.
F)
The generator reports the information
required in subsection
(e) (2) (E) (iii)
above
in its report under 35 Ill. Ada. Code
722. 141.
3)
The Agency may grant requests, on a case—by—case
basis,
for quantity limits in excess of those
specified in subsection
(e) (2) (A) above,
for up to
an additional 500 kg of any non—acute hazardous
waste,
1 kg of acute hazardous waste and 250 kg of
soils, water or debris contaminated with acute
hazardous waste, to conduct further treatability
study evaluation when: There has been an equipment
or mechanical failure during the conduct of the
treatability study; there is need to verify the
results of a previously conducted treatability
study; there is a need to study and analyze
alternative techniques within a previously
evaluated treatment process;
or, there is a need
to do further evaluation of an ongoing
treatability study to determine final
specifications for treatment. The additional
quantities allowed are subject to all the
provisions in subsections
(e) (1) and
(e) (2) (B)
through
(F), above. The generator or sample
collector must apply to the Agency and provide in
writing the following information:
A)
The reason why the generator or sample
collector requires additional quantity of
sample for the treatability study evaluation
and the additional quantity needed;
B)
Documentation accounting for all samples of
hazardous waste from the wastestream which
have been sent for or undergone treatability
studies,
including the date each previous
sample was shipped, the quantity of each
previous shipment, the laboratory or testing
facility to which it was shipped, what
treatability study processes were conducted
on each sample shipped, and the available
results of each treatability study;
C)
A description of the technical modifications
or change in specifications which will be
evaluated and the expected results;
D)
If such further study is being required due
69
to equipment or mechanical failure, the
applicant must include information regarding
the reason for the failure or breakdown and
also include what procedures or equipment
have been made to protect against further
breakdowns; and,
E)
Such other information as the Agency
determines is necessary.
4)
Final Agency determinations pursuant to this
subsection may be appealed to the Board.
f)
Samples undergoing treatability studies at laboratories
or testing facilities. Samples undergoing treatability
studies and the laboratory or testing facility
conducting such treatability studies
(to the extent
such facilities are not otherwise subject to RCRA
requirements) are not subject to any requirement of
this Part, or of 35 Ill.
Ada. Code 702,
703, 105, 722
through 726, and 728, or to the notification
requirements of Section 3010 of the Resource
Conservation and Recovery Act, provided that the
requirements of subsections
(f) (1) through
(f) (11),
below, are met. A mobile treatment unit may qualify as
a testing facility subject to subsections
(f) (1)
through
(f) (11), below. Where a group of mobile
treatment units are located at the same site, the
limitations specified in subsections
(f) (1) through
(f) (11),
below, apply to the entire group of mobile
treatment units collectively as if the group were one
mobile treatment unit.
1)
No less than 45 days before conducting
treatability studies, the facility notifies the
Agency in writing that it intends to conduct
treatability studies under this subsection.
2)
The laboratory or testing facility conducting the
treatability study has a U.,SJEPA identification
number.
3)
No more than a total of 250 kg of “as received”
hazardous waste is subjected to initiation of
treatability studies in any single day. “As
received” waste refers to the waste as received in
the shipment from the generator or sample
collector.
4)
The quantity of “as received” hazardous waste
stored at the facility for the purpose of
evaluation in treatability studies does not exceed
70
1000 kg, the total of which can include 500 kg of
soils, water or debris contaminated with acute
hazardous waste or 1 kg of acute hazardous waste.
This quantity limitation does not include:
A)
Treatability study residues; and,
B)
Treatment materials (including nonhazardous
solid waste)
added to “as received” hazardous
waste.
5)
No more than 90 days have elapsed since the
treatability study for the sample was completed,
or no more than one year has elapsed since the
generator or sample collector shipped the sample
to the laboratory or testing facility, whichever
date first occurs.
6)
The treatability study does not involve the
placement of hazardous waste on the land or open
burning of hazardous waste.
7)
The facility maintains records for 3 years
following completion of each study that show
compliance with the treatment rate limits and the
storage time and quantity limits. The following
specific information must be included for each
treatability study conducted:
A)
The name, address and U~S~EPAidentification
number
of the generator or sample collector
of each waste sample;
B)
The date the shipment was received;
C)
The quantity of waste accepted;
D)
The quantity of “as received” waste in
storage each day;
E)
The date the treatment study was initiated
and the amount of “as received” waste
introduced to treatment each day;
F)
The date the treatability study was
concluded;
G)
The date any unused sample or residues
generated from the treatability study were
returned to the generator or sample collector
or,
if sent to a designated facility, the
name of the facility and the U~S~EPA
71
identification number.
8)
The facility keeps, on-site,
a copy of the
treatability study contract and all shipping
papers associated with the transport of
treatability study samples to and from the
facility for a period ending
3 years from the
completion date of each treatability study.
9)
The facility prepares and submits a report to the
Agency by March 15 of each year that estimates the
number of studies and the amount of waste expected
to be used in treatability studies during the
current year, and includes the following
information for the previous calendar year:
A)
The name, address and U.~S~EPAidentification
number of the facility conducting the
treatability studies;
B)
The types
(by process) of treatability
studies conducted;
C)
The names and addresses of persons for whom
studies have been conducted (including their
U~S~EPAidentification numbers);
D)
The total quantity of waste in storage each
day;
E)
The quantity and types of waste subjected to
treatability studies;
F)
When each treatability study was conducted;
G)
The final disposition of residues and unused
sample from each treatability study;
10)
The facility determines whether any unused sample
or residues generated by the treatability study
are hazardous waste under Section 721.103 and,
if
so, are subject to 35 Ill. Ada. Code 702, 703 and
721 through 728, unless the residues and unused
samples are returned to the sample originator
under the subsection
(e) exemption above.
11)
The facility notifies the Agency by letter when
the facility is no longer planning to conduct any
treatability studies at the site.
(Source:
Amended at
Ill. Reg.
_________,
effective
72
Section 721.105
Special Requirements for Hazardous Waste
Generated by Small Quantity Generators
a)
A generator is a conditionally exempt small quantity
generator in a calendar month if it generates no more
than 100 kilograms of hazardous waste in that month.
35
Ill. Ada. Code 700 explains the relation of this to
the 100 kg/mo exception of 35 Ill. Ada. Code 809.
b)
Except for those wastes identified in subsections
(e),
(f),
(g) and
(j)
below,
a conditionally exempt small
quantity generator’s hazardous wastes are not subject
to regulation under 35 Ill. Ada. Code 702, 703, 705 and
722 through 726 and 728, and the notification
requirements of Section 3010 of Resource Conservation
and Recovery Act, provided the generator complies with
the requirements of subsections
(f),
(g) and
(j)
below.
c)
Hazardous waste that is not subject to regulation or
that is subject only to 35 Ill. Ada. Code 122.111,
722.112,
722.140(c) and 722.141 is not included in the
quantity determinations of this Part and 35 Ill.
Ada.
Code 722 through 726 and 728, and is not subject to any
requirements of those Parts.
Hazardous waste that is
subject to the requirements of Section 721.106(b)
and
(c) and 35 Ill. Ada. Code 726.Subparts C, D and F is
included in the quantity determinations of this Part
and is subject to the requirements of this Part and 35
Ill.
Adm. Code 722 through 726 and 728.
d)
In determining the quantity of hazardous waste it
generates,
a generator need not include:
1)
Hazardous waste when it is removed from on—site
storage; or
2)
Hazardous waste produced by on—site treatment
(including reclamation)
of its hazardous waste so
long as the hazardous waste that is treated was
counted once;
or,
3)
Spent materials that are generated, reclaimed and
subsequently reused on—site,
so long as such spent
materials have been counted once.
e)
If a generator generates acute hazardous waste in a
calendar month in quantities greater than set forth
below, all quantities of that acute hazardous waste are
subject to full, regulation under 35 Ill. Adm. Code 702,
703,
705 and 722 through 726 and 728, and the
notification requirements of Section 3010 of the
Resource Conservation and Recovery Act:
73
1)
A total of one kilogram of acute hazardous wastes
listed in Sections 721.131, 721.132, or
721.133(e); or
2)
A total of 100 kilograms of any residue or
contaminated soil, waste or other debris resulting
from the clean—up of a spill,
into or on any land
or water,
of any acute hazardous wastes listed in
Sections 721.131, 721.132, or 721.133(e).
BOARD NOTE:
“Full regulation” means those
regulations applicable to generators of greater
than 1000 kg of non—acute hazardous waste in a
calendar month.
f)
In order for acute hazardous wastes generated by a
generator of acute hazardous wastes in quantities equal
to or less than those set forth in subsection
(e) (1) or
(e) (2)
above to be excluded from full regulation under
this Section, the generator must comply with the
following requirements:
1)
35 Ill. Ada. Code 722.111.
2)
The generator may accumulate acute hazardous waste
on—site.
If the generator accumulates at any time
acute hazardous wastes in quantities greater than
set forth in subsections
(e) (1) or
(e) (2)
above,
all of those accumulated wastes are subject to
regulation under 35 Ill. Adm. Code 702, 703, 705
and 722 through 726 and 728, and the applicable
notification requirements of Section 3010 of the
Resource Conservation and Recovery Act.
The time
period of 35 Ill. Ada. Code 722.134(a),
for
accumulation of wastes on—site, begins when the
accumulated wastes exceed the applicable exclusion
limit.
3)
A conditionally exempt shall quantity generator
may either treat
or
dispose of its acute hazardous
waste in an on—site facility, or ensure delivery
to an off—site storage, treatment or disposal
facility, either of which,
if located in the
United States,
is:
A)
Permitted under
35 Ill. Ada. Code 703;
B)
In interim status under 35 Ill. Adm. Code 703
and 725;
C)
Authorized to manage hazardous waste by a
State with a hazardous waste management
74
program approved by U.,S~~EPA;
D)
Permitted, licensed or registered by a State
to manage municipal or industrial solid
waste;
or
E)
A facility which:
i)
Beneficially uses or reuses or
legitimately recycles or reclaims its
waste; or
ii)
Treats its waste prior to beneficial use
or reuse, Or legitimate recyôling or
reclamation.
g)
In order for hazardous waste generated by a
conditionally exempt small quantity generator in
quantities of less than 100 kilograms of hazardous
waste during a calendar month to be excluded from full
regulation under this Section, the generator must
comply with the following requirements:
1)
35 Ill. Ada. Code 722.111;
2)
The conditionally exempt small quantity generator
may accumulate hazardous waste on—site.
If it
accumulates at any time more than a total of 1000
kilograms of the generator’s hazardous waste, all
of those accumulated wastes are subject to
regulation under the special provisions of 35 Ill.
Adm. Code 722 applicable to generators of between
100 kg and 1000 kg of hazardous waste in a
calendar month as well as the requirements of 35
Ill. Adm. Code 702,
703, 705 and 723 through 726
and 728, and the applicable notification
requirements of Section 3010 of the Resource
Conservation and Recovery Act.
The time period of
35 Ill. Ada. Code 722.134(d)
for accumulation of
wastes on—site begins for a small quantity
generator when the accumulated wastes exceed 1000
kilograms;
-
3)
A conditionally exempt small quantity generator
may either treat or dispose of its hazardous waste
in an on—site facility, or ensure delivery to an
off-site storage, treatment or disposal facility,
either of which,
if located in the United States,
is:
A)
Permitted under 35 Ill. Ada. Code 702 and
703;
75
B)
In interim status under
35 Ill. Ada. Code 703
and 725;
C)
Authorized
to
manage
hazardous
waste
by
a
State with a hazardous
waste
management
program approved by UJ,SJEPA under 40 CFR 271
(1986);
D)
Permitted,
licensed or registered by a State
to manage municipal or industrial solid
waste; or
E)
A facility which:
i)
Beneficially uses or re—uses, or
legitimately recycles or reclaims the
small quantity generator’s waste; or
ii)
Treats its waste prior to beneficial use
or re-use, or legitimate recycling or
reclamation.
h)
Hazardous waste subject to the reduced requirements of
this Section may be mixed with non—hazardous waste and
remain subject to these reduced requirements even
though the resultant mixture exceeds the quantity
limitations identified in this Section, unless the
mixture meets any of the characteristics of hazardous
wastes identified in Subpart C.
i)
If a small quantity generator mixes a solid waste with
a hazardous waste that exceeds a quantity exclusion
level of this Section, the mixture is subject to full
regulation.
j)
If a conditionally exempt small quantity generator’s
hazardous wastes are mixed with used oil, the mixture
is subject to 35 Ill. Ada. Code 739.Cubpart C,
if it is
destined to be burned for energy recovery.
Any
material produced from such a mixture by processing,
blending or other treatment is also so regulated if it
is destined to be burned for energy recovery.
(Source:
Amended at
_____
Ill.
Reg.
_________,
effective
_______________________________________
)
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
HAZARDOUS
WASTE OPERATING REQUIREMENTS
76
PART
724
STANDARDS
FOR OWNERS
AND
OPERATORS OF
HAZARDOUS
WASTE
TREATMENT,
STORAGE AND
DISPOSAL FACILITIES
SUBPART A:
GENERAL
PROVISIONS
Purpose,
Scope and Applicability
Relationship
to
Interim
Status
Standards
SUBPART
B:
GENERAL FACILITY STANDARDS
Applicability
Identification
Number
Required Notices
General Waste Analysis
Security
General Inspection Requirements
Personnel Training
General Requirements for Ignitable, Reactive or
Incompatible Wastes
724.118
Location Standards
SUBPART C:
PREPAREDNESS
AND
PREVENTION
Section
724.130
Applicability
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 D: CONTINGENCY
PLAN AND
EMERGENCY PROCEDURES
Applicability
Purpose and Implementation of Contingency Plan
Content of Contingency Plan
Copies of Contingency Plan
Amendment of Contingency Plan
Emergency Coordinator
Emergency Procedures
SUBPART
E:
MANIFEST SYSTEM, RECORDKEEPING
AND
REPORTING
Applicability
Use of Manifest System
Manifest Discrepancies
Operating Record
Availability, Retention and Disposition of Records
Annual Report
Unmanifested Waste Report
Additional Reports
Section
724
.
101
724. 103
Section
724
•
110
724.111
724.112
724.113
724.114
724.115
724.116
724
•
117
Section
724
•
150
724.151
724. 152
724.153
724. 154
724.155
724.156
Section
724.170
724.171
724.172
724.173
724.174
724
.
175
724.176
724.177
77
SUBPART
F:
RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section
724.190
724.191
724.192
724.193
724
.
194
724.195
724. 196
724.197
724
.
198
724 .199
724.200
724.201
Section
724.210
724.211
724.212
724.213
724.214
724.215
724.216
724.217
724.218
724.219
724.220
Section
724.240
724.241
724.242
724.243
724.244
724.245
724.246
724 .247
724.248
724.251
Applicability
Required Programs
Groundwater Protection Standard
Hazardous Constituents
Concentration Limits
Point of Compliance
Compliance Period
General Groundwater Monitoring Requirements
Detection Monitoring Program
Compliance Monitoring Program
Corrective Action Program
Corrective Action for Solid Waste Management Units
SUBPART G:
CLOSURE AND POST-CLOSURE
Applicability
Closure Performance Standard
Closure Plan; Amendment of Plan
Closure; Time Allowed For Closure
Disposal or Decontamination of Equipment, Structures
and
Soils
Certification of Closure
Survey Plat
Post—closure Care and Use of Property
Post-closure Plan; Amendment of Plan
Post—closure Notices
Certification of Completion of Post—closure Care
SUBPART H:
FINANCIAL REQUIREMENTS
Applicability
Definitions of Terms As Used In This Subpart
Cost Estimate for Closure
Financial Assurance for Closure
Cost Estimate for Post—closure Care
Financial Assurance for Post-closure Care
Use of a Mechanism for Financial Assurance of Both
Closure and Post—closure Care
Liability Requirements
Incapacity of Owners or Operators, Guarantors or
Financial Institutions
Wording of the Instruments
SUBPART I:
USE
AND
MANAGEMENT OF
CONTAINERS
Applicability
Condition of Containers
Compatibility of Waste With Container
Management of Containers
Inspections
Section
724.270
724 .271
724.272
724.273
724.274
78
Containment
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure
SUBPART
J:
TANK
SYSTEMS
Section
724.290
724.291
724.292
724.293
724
•
294
724.295
724. 296
724.297
724. 298
724
•
299
724.300
Section
724.320
724. 321
724.322
724.326
724
•
327
724 .328
724
•
329
724. 330
724. 331
Section
Applicability
Assessment of Existing Tank System’s Integrity
Design and Installation of New Tank Systems or
Components
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to Leaks or Spills and Disposition of Leaking
or unfit—for—use Tank Systems
Closure and Post-Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020, F021,
F022,
F023, F026 and F027
SUBPART K:
SURFACE IMPOUNDMENTS
Applicability
Design and Operating Requirements
Double—lined Surface Impoundments:
Exemption from
Subpart F: Ground—water Protection Requirements
(Repealed)
Monitoring and Inspection
Emergency Repairs; Contingency Plans
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes F020,
F021,
F022,
F023,
F026 and F027
SUBPART L:
WASTE PILES
Applicability
Design and Operating Requirements
Double—lined Piles:
Exemption from Subpart
F:
water Protection Requirements (Repealed)
724.353
Inspection of Liners:
Exemptior from Subpart F:
Ground—water Protection Requirem~~nts(Repealed)
Monitoring and Inspection
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure and Post-closure Care
Special Requirements for Hazardous Wastes F020, P021,
F022,
F023,
F026 and F027
724 .275
724.276
724.277
724. 278
724.350
724.351
724.352
724.354
724.356
724.357
724.358
724.359
Ground-
79
SUBPART
N:
LAND
TREATMENT
Section
724.370
724.371
724.372
724.373
724.376
724.378
724
•
379
724 .380
724.381
724.382
724.383
Applicability
Treatment Program
Treatment Demonstration
Design and Operating Requirements
Food-chain Crops
Unsaturated Zone Monitoring
Recordkeeping
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Hazardous Wastes P020, F021,
P022,
F023, F026 and P027
SUBPART N:
LANDFILLS
Applicability
Design and Operating Requirements
Double-lined Landfills:
Exemption from Subpart
F:
Ground—water Protection Requirements (Repealed)
Monitoring and Inspection
Surveying and Recordkeeping
Closure and Post—closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Bulk and Containerized Liquids
Special Requirements for Containers
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 F027
Section
724. 440
724.441
724.442
724.443
724.444
724.445
724.447
724.451
SUBPART
0:
INCINERATORS
Applicability
Waste Analysis
Principal Organic Hazardous Constituents
(POHC5)
Performance Standards
Hazardous Waste Incinerator Permits
Operating Requirements
Monitoring and Inspections
Closure
STIRPAPT
S:
CORRECTIVE
ACTION
~OR
SOLID
WASTE
MANA~EMFNP
UNITS
Section
724. 652
724. 653
Corrective Action Management Units
Tem~orarvUnits
Section
SUBPART W:
DRIP
PADS
Section
724.400
724.401
724.402
724.403
724. 409
724.410
724.412
724.413
724.414
724.415
724.416
724.670
Applicability
80
724.671
724
•
672
724
•
673
724
•
674
724.675
Section
724.700
724.701
724.702
724.703
Assessment of existing drip pad integrity
Design and installation of new drip pads
Design and operating requirements
Inspections
Closure
SUBPART X:
MISCELLANEOUS UNITS
Applicability
Environmental Performance Standards
Monitoring, Analysis,
Inspection,
Response, Reporting
and Corrective Action
Post—closure Care
Section
724.930
724.931
724. 932
724.933
724.934
724.935
724.936
Section
724.950
724.951
724.952
724.953
724.954
724.955
724.956-
724.957
724.958
724.959
724.960
724.961
724.962
724.963
724.964
724.965
Section
724. 1100
724. 1101
724.1102
SUBPART AA:
AIR EMISSION
STANDARDS
FOR
PROCESS
VENTS
Applicability
Design and operating standards
Closure and post—closure care
Applicability
Definitions
Standards:
Process Vents
Standards:
Closed—vent Systems and Control Devices
Test methods and procedures
Recordkeeping requirements
Reporting Requirements
SUBPART BB:
AIR EMISSION STANDARDS FOR EQUIPMENT
LEAKS
Applicability
Definitions
Standards:
Pumps in Light Liquid Service
Standards:
Compressors
Standards:
Pressure Relief Devices in Gas/Vapor
Service
Standards:
Sampling Connecting Systems
Standards:
Open—ended Valves or Lines
Standards:
Valves in Gas/Vapor or Light Liquid Service
Standards:
Pumps, Valves, Pressure Relief Devices and
Other Connectors
Standards:
Delay of Repair
Standards:
Closed—vent Systems and Control Devices
Alternative Percentage Standard for Valves
Skip Period Alternative for Valves
Test Methods and Procedures
Recordkeeping Requirements
Reporting Requireii~nts
SUBPART
DD:
CONTAINMENT BUILDINGS
81
724.Appendix A Recordkeeping Instructions
724.Appendix B EPA Report Form and Instructions
(Repealed)
724.Appendix D Cochran’s Approximation to the Behrens-Pisher
Student’s T-Test
724.Appendix E 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,
cli.
111½, pars.
1022.4 and 1027
415
ILCS 5/22.4 and 5/27)).
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; amended in R86—46 at 11 Ill.
Reg. 13577, effective August 4,
1987; amended in R87—5 at 11 Ill.
Reg.
19397, effective November 12,
1987; amended in R87—39 at 12
Ill. Reg.
13135, effective July 29,
1988; amended in R88—16 at 13
Ill. Reg.
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—1i. at 15 Ill.
Reg. 9654,
effective June 17,
1991; amended
in R91—1 at 15
Ill. Reg.
14572, effective October
1, 1991;
amended in R91-13 at 16
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. Req.
effective
SUBPART A:
GENERAL
PROVISIONS
Section 724.101
Purpose, Scope and Applicability
a)
The
purpose
of
this
Part
is
to
establish
minimum
standards which define the acceptable management of
hazardous waste.
b)
The standards in this Part apply to owners and
operators of all facilities which treat,
store or
dispose of hazardous waste,
except as specifically
provided otherwise in this Part or 35 Ill.
Ada. Code
721.
c)
The requirements of this Part apply to a person
disposing of hazardous waste by means of ocean disposal
subject to a permit issued under the Marine Protection,
Research and Sanctuaries Act
(16 U.S.C.
1431—1434,
33
82
U.S.C.
1401)
only to the extent they are included in a
RCRA permit by rule granted to such a person under 35
Ill. Adm. Code 703.141.
A “RCRA permit” is a permit
required by Section 21(f) of the Environmental
Protection Act and 35
Ill. Ada. Code 703.121.
BOARD NOTE:
This Part does apply to the treatment or
storage of hazardous waste before it is loaded onto an
ocean vessel for incineration or disposal at sea.
d)
The requirements of this Part apply to a person
disposing of hazardous waste by means of underground
injection subject to a permit issued by the Agency
pursuant to Section 12(g) of the Environmental
Prot.ection Act only to the extent they are required by.
35 Ill. Adm. Code 704, Subpart
F.
BOARD NOTE:
This Part does apply to the above-ground
treatment or storage of hazardous waste before it is
injected underground.
e)
The requirements of this Part apply to the owner or
operator of a POTW (publicly owned treatment works)
which treats, stores or disposes of hazardous waste
only to the extent included in a RCRA permit by rule
granted to such a person under 35 Ill. Ada. Code
703.141.
~j
This subsection corresponds with 40 CFR 264.1(f). which
provides that the federal regulations do not apply to
T/S/D activities in authorized states, except under
limited, enumerated circumstances.
This statement
maintains structural consistency with U.S~EPArules.
~g)
The requirements of this Part do not apply to:
1)
The owner or operator of a facility permitted by
the Agency under Section 21 of the Environmental
Protection Act to manage municipal or industrial
solid
waste,
if
the
only
hazardous
~waste
the
facility treats, ~storeSor disposes~fis ~xcluded~
from regulation under this Part by ?35 ‘Ill. ~
Code 721.105.
B~RD
NOTE:
The owner or operator may be subject
to 35 Ill. Ada. Code 807 and may have to have a
supplemental permit under 35 Ill. Ada. Code
807.210.
2)
The
owner
or
operator
of
a
facility
managing
recyclable materials described in 35 Ill. Ada.
Code 72l.106(a)(2)~zind ~jj3),
and
(a)(4)
(except
83
to the extent that requirements of this Part are
referred to in 35 Ill.
Ada. Code 726.Subparts C,
F,
G, or H or 279).
3)
A generator accumulating waste on—site in
compliance with 35
Ill. Ada. Code 722.134.
4)
A farmer disposing of waste pesticides from the
farmer’s own use in compliance with 35 Ill. Ada.
Code 722.170.
5)
The owner or operator of a totally enclosed
treatment facility, as defined in 35 Ill. Ada.
Code 720.110.
6)
The owner or operator of an elementary
neutralization unit or a wastewater treatment unit
as defined in 35
Ill. Ada. Code 720.110, provided
that if the owner or operator is diluting
hazardous ignitable
(DOOl) wastes (other than the
DOOl High TOC Subcategory defined in 35 Ill. Ada.
Code 728.Table D), or corrosive (D002) waste,
to
remove the characteristic before land disposal,
the owner or operator must comply with the
requirements set out in Section 724.117(b)
of this
part;
7)
Immediate response:
A)
Except as provided in subsection (f)(8)(B),
a
person engaged in treatment or containment
activities during immediate response to any
of the following situations:
i)
A discharge of a hazardous waste;
ii)
An imminent and substantial threat of a
discharge of hazardous waste;
iii) A discharge of a material which, when
discharged,
becomes a hazardous waste.
B)
An owner or operator of a facility otherwise
regulated by this Part must comply with all
applicable requirements of Subparts C and D.
C)
Any
person who is covered by subsection
(f) (8) (A) and who continues or initiates
hazardous waste treatment or containment
activities after the immediate response is
over is subject to all applicable
requirements of this Part and 35 Ill. Adm.
84
Code 702,
703 and 705 for those activities.
Or,
8)
A
transporter
storing
manifested
shipments
of
hazardous waste in containers meeting the
requirements of 35 Ill. Ada. Code 722.130 at a
transfer facility for a period of ten days or
less.
9)
The
addition
of
absorbent
materials
to
waste
in
a
container (as defined in 35 Ill. Ada. Code 720)
or
the addition of waste to absorbent material in a
container, provided these actions occur at the
time waste is first placed in the container; and
Sections 724.117(b), 724.271 and 724.272 are
complied with.
h)
This Part applies to owners and operators of facilities
which treat,
store or dispose of hazardous wastes
referred to in 35 Ill. Ada. Code 728.
(Source:
Amended
at
_____
Ill.
Reg.
_________,
effective
_______________________________________________________
)
Section 724.103
Relationship to Interim Status Standards
A facility owner or operator who has fully complied with the
requirements for interim status—ias defined in Section 3005(e) of
RCRA and regulations under
35 Ill. Ada. Code 703, Subpart Cmust
comply with the regulations specified in 35 Ill. Ada. Code 725 in
lieu of the regulations in this Part, until final administrative
disposition of his permit application is made, except as provided
under Subpart S of this Part.
BOARD
NOTE:
As stated in Section 21(f) of the Illinois
Environmental Protection Act, the treatment, storage~or disposal
of hazardous waste is prohibited~except in accordance with a
RCRA permit.
35 Ill. Adm. Code 703, Subpart C provides for the
continued operation of an existing facility which meets certain
conditions until final administrative disposition of the owner’s
or operator’s permit application i3 m3dc.
(Source:
Amended at
Ill. Reg.
_________,
effective
Section 724.201
Corrective Action for Solid Waste Management
Units
a)
The owner or operator of a facility seeking a permit
for the treatment, storage or disposal of hazardous
waste must institute correction action as necessary to
protect human health and the environment for all
85
releases of hazardous waste or constituents from any
solid waste management unit at the facility, regardless
of the time at which waste was placed in such unit.
b)
Corrective action will be specified in the permitJ~
accordance with this Section and Subpart S of this
Part.
The permit will contain schedules of compliance
for such corrective action (where such corrective
action cannot be completed prior to issuance of the
permit) and assurances of financial responsibility for
completing such corrective action.
c)
The owner or operator must implement corrective action
measures beyond the facility property boundary, where
necessary to protect human health and the environment,
unless the owner or operator demonstrates to the Agency
that,
despite the
owner
or operator’s best efforts, the
owner or operator was unable to obtain the necessary
permission to undertake such actions.
The owner and
operator are not relieved of all responsibility to
clean up a release that has migrated beyond the
facility boundary where off—site access is denied.
On—site measures to address such releases will be
determined on a case—by—case basis.
Assurances of
financial responsibility for such corrective action
must be provided.
(Source:
Amended at
Ill. Reg.
_________,
effective
SUBPART 5:
CORRECTIVE ACTION FOR SOLID WASTE
MANAGEMENT UNITS
724.652
Corrective Action Management Units
~j
For the PurPose of implementing remedies under Section
724.201 or RCRA Section 3008(h), the Agency may
designate an area at the facility as a corrective
action management unit,
as defined in 35 Ill. Ada. Code
720.10.
in accordance with the requirements of this
Section. One or more
CANTJ5
may
be
designated
at
a
facility.
jj..
Placement of remnediation wastes into or within a
CAMU
does not constitute land disposal of
hazardous wastes.
~
21
Consolidation or placement of remediation wastes
into or within a
CANU
does not constitute creation
of a unit subiect to minimum technolo~v
requirements.
86
~
Designation of a
CAMU.
~j
The A~encvmay designate a regulated unit
(as
defined in Section 724.190(a) (2))
as a
CANU,
or it
may incorporate a regulated unit into a CANU,
if:
~j
The regulated unit is closed or closing.
meaning it has be~unthe closure process
under Section 724.213 or 35 Ill. Adm. Code
725.213; and
~J
Inclusion
of the regulated unit will enhance
implementation of effective, protective,
and
reliable remedial actions for the facility.
21
The requirements of Subparts F. G, and H and the
unit—specific requirements of this Part or the
35
Ill.
Ada. Code 725 requirements that a~i~lied
to
that re~ulatedunit will continue to apply to that
portion of the
CANU
after incorporation into the
CAMU.
~gj
The A~encvshall designate a
CAMU
in accordance with
the following factors:
31
The ~ANU shall facilitate the implementation of
reliable,
effective, protective, and
cost—effective remedies
21
Waste management activities associated with the
CANU
shall not create unacceptable risks to humans
or to the environment resulting from exposure to
hazardous wastes or hazardous constituents
~j.
The
CAMU
shall include uncontaminated areas of the
facility only if including such areas for the
purpose of managing remediation waste is more
protective than managing such wastes at
contaminated areas of the facility:
j)
Areas within the
CAMU
where wastes remain in place
after its closure shall be managed and contained
so
as
to
minimize
future
releases
to
the
extent
practicable:
~j
The
CANIJ
shall expedite the timing of remedial
activity implementation. when appropriate and
practicable
Qj
The
CAMU
shall enable the use. when appropriate.
of treatment technologies
(including innovative
technologies) to enhance the long—term
87
effectiveness of remedial actions by reducing the
toxicity. mobility,
or volume of wastes that will
remain in place after closure of the
CAMU:
and
fl
The
CAMU
shall, to the extent ~racticab1e.
minimize the land area of.the facility upon which
wastes will remain in place after closure of the
CAMU.
~
The owner or operator shall provide sufficient
information to enable the Aaencv to designate a
CAMU
in
accordance with the standards of this Section.
~J
The Agency shall specify in the permit the requirements
applicable to a CANU,
including the following:
31
The areal configuration of the CANU.
21
Requirements for remediation waste management.
including the specification of applicable design.
operation, and closure reauirements.
~j.
Requirements for groundwater monitoring that are
sufficient to:
~j
Continue to detect and to characterize the
nature, extent, concentration, direction, and
movement of existing releases of hazardous
constituents in aroundwater from sources
located within the CANU: and
~j.
Detect and subsequently characterize releases
of hazardous constituents to groundwater that
may occur from areas of the
CANU
in which
wastes will remain in place after closure of
the
CANU.
j)
Closure and post—closure requirements.
~
Closure of a
CANU
shall:
il
Minimize the need for further
maintenance: and
jjj.
Control, minimize, or eliminate,
to the
extent necessary to Protect human health
and the environment, for areas where
wastes remain in place. post—closure
escape of hazardous waste, hazardous
constituents, leachate. contaminated
runoff, or hazardous waste decomposition
products to the ground, to surface
88
waters.
or to the atmosphere.
,~j
Requirements for closure of a
CAMU
shall
include the following, as a~~ro~riate:
31
Reauirements for excavation, removal.
treatment. or containment of wastes~
jj~. For areas
in which wastes will remain
after closure of the
CAMU.
requirements
for_the capping of such areas; and
iii) Requirements for the removal and
decontamination
of
equipment.
devices.
and structures used in remediation waste
management activities within the CAMU.
~j
In establishing specific closure requirements
for a
CAMU
under
this subsection. the Agency
shall consider the following factors:
31
The
characteristics
of
the
CANU
.jJJ..
The volume of wastes that remain in
place after closure;
iii) The potential for releases from the
CAMU
jyj
The physical and chemical
characteristics of the waste
yj
The hydrological and other relevant
environmental conditions at the facility
that may influence the migration of any
potential or actual releases: and
y31
The potential for exposure of humans and
environmental receptors if releases were
to occur from the CANU.
Qj
Post—closure requirements as necessary to
protect human health and the environment,
including,
for areas where wastes will remain
in place, monitoring and maintenance
activities and the frequency with which such
a.ctivities shall be performed to ensure the
integrity of any cap, final cover, or other
containment system.
fl
The Agency shall document the rationale for desi~nating
the
CAMU
and shall make such documentation available to
89
the
public.
~gj
Incorporation of a
CANU
into an existing permit must be
approved by the Agency according to the procedures for
Agency-initiated permit modifications under 35 Ill.
Adm.
Code 703.270 through 703.273 or according to the
permit modification procedures of 35
Iii.. Mm. Code
703.283
of
this
chanter.
~
The designation of a
CANU
does not change the Agency’s
existing authority to address clean-up levels.
media-specific points of compliance to be applied to
remediation at a facility, or other remedy selection
decisions.
BOARD NOTE:
Derived from 40 CFR 264.552
(1992)
•
as
added at 58 Fed.
Req. 8683
(Feb.
16.
1993).
U.S. EPA
promulgated this provision pursuant to HSWA provisions
of RCRA Subtitle C.
Since the federal provision became
immediately effective in Illinois. and until U.S. EPA
authorizes this Illinois provision, an owner or
oPerator must seek
CANU
authorization from U.S. EPA
Region V.
as well as authorization from the Agency
under this provision.
(Source:
Added at
Ill. Reg.
effective
724.653
Temporary Units
~j
For tem~orarvtanks and container storage areas used
for treatment or storage of hazardous remediation
wastes. during remedial activities required under
Section 724.201 or RCRA section 3008(h). the A~encv
shall establish alternative requirements pursuant to
this Section if it determines that a design, operating,
or closure standard a~~licable
to such units may
be
replaced by alternative requirements that is eaually as
protective of human health and the environment as would
be the standards of this tart or of 35 Ill. Adm. Code
725.
if applied.
~j
Any tem~orarvunit to which alternative requirements
are applied in accordance with subsection
(a)
shall be:
31
Located within the facility boundary; and
21
Used only for treatment or storage of remediation
wastes.
çj
In establishing alternative requirements to be applied
to
a temporary unit~.the A~encvshall consider the
90
following factors:
31
The lenath of time such unit will be in operation
21
The
tv~e
of
unit
fl
The volumes of wastes to be managed
.4J~.
The physical and chemical characteristics of the
wastes to be managed in the unit;
~j
The potential for releases from the unit
~j
The hydrogeological and other relevant
environmental conditions at the facility that
ina’i
influence the migration of
p~y
potential releases
and
21
The potential for exposure of humans and
environmental receptors if releases were to occur
from the unit.
~
The A~encvshall specify in the permit the length of
time a temporary unit will be allowed to operate. which
shall be no lonaer than one year.
The Aaencv shall
also specify the design,
operating,
and closure
requirements for the unit.
~j
The Agency may extend the operational period of
a
temPorary unit once,
for no lonaer than a period of one
year beyond that originally specified in the permit.
if
the Agency determines that:
31
Continued operation of the unit will not pose a
threat to human health and the environment; and
21
Continued operation of the unit is necessary to
ensure timely and efficient implementation of
remedial actions at the facility.
fl
Incorporation of a temporary unit or a time extension
for a temporary unit into an existing permit shall be:
31
Approved in accordance with the procedures for
Agency-initiated ~ermjt modifications under 35
Ill. Ada. Code 703.270 through 703.273; or
21
Requested by the owner/operator as a Class
2
modification according to the procedures under 35
Ill.
Ada. Code 703.283.
g~
The Agency shall document the rationale for designating
91
a
temporary
unit
and
for
granting
time
extensions
for
temporary units and shall make such documentation
available to the public.
BOARD NOTE:
Derived from 40 CFR 264.553
(1992). as
added
at
58
Fed.
Rep.
8684
(Feb.
16.
1993).
U.S.
EPA
promulgated this provision Pursuant to HSWA provisions
of RCRA Subtitle C.
Since the federal provision became
immediately effective in Illinois, and until U.S. EPA
authorizes this Illinois provision, an
owner
or
operator must seek TU authorization from U.S. EPA
Region
~,
as well as authorization from the Aaencv
under this provision.
(Source:
Added at
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 OF 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
92
725.
134
725.
135
725.137
Section
725.
150
725.151
725.152
725. 153
725. 154
725.155
725.
156
Access to Communications or Alarm System
Required Aisle Space
Arrangements with Local Authorities
SUBPART D: CONTINGENCY
PLAN
AND
EMERGENCY
PROCEDURES
Applicability
Purpose and Implementation of Contingency Plan
Content of Contingency Plan
Copies of Contingency Plan
Amendment of Contingency Plan
Emergency Coordinator
Emergency Procedures
SUBPART E:
MANIFEST
SYSTEM, RECORDKEEPING AND REPORTING
Applicability
Use of Manifest System
Manifest Discrepancies
Operating Record
Availability, Retention and Disposition of Records
Annual Report
Unmanifested Waste Report
Additional Reports
SUBPART
F: GROUNDWATER MONITORING
Applicability
Groundwater Monitoring System
Sampling and Analysis
Preparation, Evaluation and Response
Recordkeeping and Reporting
SUBPART G: CLOSURE AND
POST-CLOSURE
Applicability
Closure Performance Standard
Closure Plan; Amendment of Plan
Closure; Time Allowed •for Closure
Disposal or Decontamination of Equipment, Structures
and Soils
Certification of Closure
Survey Plat
Post—closure Care and Use of Property
Post-closure Plan; Amendment of Plan
Post-Closure Notices
Certification of Completion of Post—Closure Care
SUBPART H: FINANCIAL REQUIREMENTS
Applicability
Definitions of Terms as Used in this Subpart
Section
725.170
725.
171
725.
172
725. 173
725.174
725. 175
725.
176
725. 177
Section
725.
190
725.191
725.192
725.
193
725. 194
Section
725. 210
725.211
725. 212
725.213
725.
2 14
725.215
725.216
725.
2 17
725.
2 18
725.
2 19
725.220
Section
725. 240
725.241
93
Cost Estimate for Closure
Financial Assurance for Closure
Cost Estimate for Post—closure Care
Financial Assurance for Post-closure Monitoring and
Maintenance
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
Promulgation of Forms
(Repealed)
SUBPART I: USE
AND
MANAGEMENT OF CONTAINERS
Applicability
Condition of Containers
Compatibility of Waste with Container
Management of Containers
Inspections
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
SUBPART J:
TANK
SYSTEMS
Applicability
Assessment of Existing
Tank
System’s Integrity
Design and Installation of New Tank Systems or
Components
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to leaks or spills and disposition of Tank
Systems
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Waste Analysis and Trial Tests
Generators of 100 to 1000 kg/mo.
SUBPART K:
SURFACE IMPOUNDMENTS
Section
725.320
725.321
725. 322
725. 323
725. 324
725. 325
725. 326
725.328
725. 329
725.330
Applicability
Design and Operating Requirements
Action Leakage Rate
Response Actions
Containment System
Waste Analysis and Trial Tests
Monitoring and Inspections
Closure and Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
725. 242
725. 243
725. 244
725.245
725. 246
725.251
Section
725.
270
725.271
725.272
725.273
725.274
725.276
725.277
Section
725.290
725.291
725. 292
725.293
725. 294
725.295
725.296
725. 297
725.298
725.299
725.300
725.301
94
SUBPART L:
WASTE PILES
Applicability
Protection from Wind
Waste Analysis
Containment
Design and Operating Requirements
Action Leakage Rates
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure and Post—Closure Care
Response Actions
Monitoring and Inspection
SUBPART N:
LAND TREATMENT
Applicability
General Operating Requirements
Waste Analysis
Food Chain Crops
Unsaturated Zone (Zone of Aeration) Monitoring
Recordkeeping
Closure and Post—closure
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
SUBPART N: LANDFILLS
Applicability
Design Requirements
Action Leakage Rate
Response Actions
Monitoring and Inspection
Surveying and Recordkeeping
Closure and Post—Closure
Special Requirements for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Special Requirements for Liquid Wastes
Special Requirements for Containers
Disposal of Small Containers of Hazardous Waste in
Overpacked Drums
(Lab Packs)
SUBPART 0: INCINERATORS
Applicability
Waste Analysis
General Operating Requirements
Monitoring and Inspection
Closure
Interim Status Incinerators Burning Particular
Hazardous Wastes
Section
725.350
725.351
725.352
725. 353
725. 354
725.355
725.356
725.357
725.358
725.
359
725.360
Section
725.370
725.372
725.
373
725.376
725.378
725. 379
725. 380
725.381
725. 382
Section
725. 400
725.401
725.
402
725.
403
725.
404
725.
409
725.
410
725. 412
725.413
725.414
725.415
725.416
Section
725.440
725.441
725.445
725.447
725.451
725.452
95
SUBPART
P:
THERMAL
TREATMENT
Section
725.470
725. 473
725.475
725. 477
725.481
725. 482
725. 483
Section
725. 500
725. 501
725.502
725.503
725.504
725.505
725.506
Section
725.530
Other Thermal Treatment
General Operating Requirements
Waste Analysis
Monitoring and Inspections
Closure
Open Burning; Waste Explosives
Interim Status Thermal Treatment Devices Burning
Particular Hazardous Waste
SUBPART
Q:
CHEMICAL,
PHYSICAL
AND
BIOLOGICAL
TREATMENT
Applicability
General Operating Requirements
Waste Analysis and Trial Tests
Inspections
Closure
Special Requirements for Ignitable or Reactive Waste
Special
Requirements for Incompatible Wastes
SUBPART
R:
UNDERGROUND
INJECTION
Applicability
SUBPART W: DRIP
PADS
Section
725.540
725.541
725.542
725. 543
725.544
725.545
Applicability
Assessment of existing drip pad integrity
Design and installation of new drip pads
Design and operating requirements
Inspections
Closure
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
725.930
725.931
725.932
725.933
725. 934
725.935
Section
725.950
725.951
725. 952
725. 953
725. 954
725.955
725.956
Applicability
Definitions
Standards:
Process Vents
Standards:
Closed—vent Systems and Control Devices
Test methods and procedures
Recordkeeping Requirements
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Applicability
Definitions
Standards:
Pumps in Light Liquid Service
Standards:
Compressors
Standards: Pressure Relief Devices in Gas/Vapor Service
Standards:
Sampling Connecting Systems
Standards: Open—ended Valves or Lines
96
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
Recordkeeping Requirements
SUBPART DD:
CONTAINMENT BUILDINGS
Section
725.1100
Applicability
725.1101
Design and operating standards
725.1102
Closure and post—closure care
725.Appendix A Recordkeeping Instructions
725.Appendix
B
EPA
Report
Form
and
Instructions
(Repealed)
725.Appendix 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. Reg.
9781,
effective as noted in 35 Ill. Ada. Code 700.106; amended and
codified in R8l—22,
45 PCB 317, at
6 Ill. Reg. 4828, effective as
noted
in
35
Ill.
Adm.
Code
700.106;
amended
in
R82—18,
51
PCB
831, at 7 Ill. Reg. 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;
amended in R86—28 at 11 Ill.
Reg.
6044,
effective March
24,
1987; amended in R86—46 at 11 Ill. Reg.
13489, effective
August
4,
1987; amended 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. Reg.
13027, effective July 29,
1988; amended in R88—16 at 13 Ill. Reg.
437, effective December 28, 1988; amended in R89—1
at 13 Ill.
Reg.
18354, effective Nove’~ber
13,
1989; amended in R90-2
at 14
Ill. Reg.
14447, effective .~.ugust22,
1990; amended in R90—10 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. Reg.
14534, effective October
1,
1991; amended in
R91-13 at 16 Ill. Reg.
9578, effective June 9,
1992; amended in
R92-1 at 16 Ill. Reg.
17672, effective November 6,
1992; amended
in R92—10 at 17 Ill. Reg.
5681, effective March 26,
1993; amended
in R93-4 at
17 Ill. Reg. 20620, effective November 22,
19931.
97
amended in R93-16 at
Ill. Req.
,
effective
SUBPART A:
GENERAL PROVISIONS
~ction
725.101
Purpose, Scope and Applicability
a)
The purpose of this Part is to establish minimum
standards which define the acceptable management of
hazardous waste during the period of interim status and
until certification of final closure or, if the
facility is subject to post-closure requirements, until
post-closure responsibilities are fulfilled.
b)
The standards in this Part and of 35 Ill. Adm. Code
724.652 and 724.653 apply to owners and operators of
facilities which treat, store or dispose of hazardous
waste who have fully complied with the requirements for
interim status under Section 3005(e) of the Resource
Conservation and Recovery Act (RCRA)
(42 U.S.C.
6901 et
seq.)
and 35 Ill. Ada. Code 703, until either a permit
is issued under Section 3005 of the Resource
Conservation and Recovery Act or Section 21(f)
of the
Environmental Protection Act, or until applicable
closure and post—closure responsibilities under this
Part are fulfilled,
and to those owners and operators
of facilities in existence on November 19,
1980, who
have failed to provide timely notification as required
by Section 3010(a) of
RCRA,
orfailed to file Part A of
the Permit Application as required by 40 CFR 270.10(e)
and
(g) or 35 Ill. Ada. Code 703.150 and 703.152.
These standards apply to all treatment,
storage or
disposal of hazardous waste at these facilities after
November 19,
1980,
except as specifically provided
otherwise in this Part or 35 Ill. Ada. Code 721;
BOARD
NOTE:
As stated in Section 3005(a) of
RCRA,
after the effective date of regulations under that
Section,
i.e.,
40 CFR 270 and 124, the treatment,
storage or disposal of hazardous waste is prohibited
except in accordance with a permit.
Section 3005(e) of
RCRA provides for the continued operation of an
existing facility which meets certain conditions until
final administrative disposition of the owner’s and
operator’s permit application is made.
35 Ill.
Ada.
Code 703.140 et seq. provide that a permit is deemed
issued under Section 21(f)(1) of the Environmental
Protection Act under conditions similar to federal
interim status.
c)
The requirements of this Part do not apply to:
98
1)
A person disposing of hazardous waste by means of
ocean disposal subject to a permit issued under
the Marine Protection, Research and Sanctuaries
Act
(16 U.S.C.
1431—1434;
33 U.S.C.
1401);
BOARD
NOTE:
This Part applies to the treatment or
storage
of
hazardous
waste
before
it
is
loaded
into
an
ocean
vessel
for
incineration
or
disposal
at
sea,
as
provided
in
subsection
(b)
above.
3)
The owner or operator of a
POTW
(publicly owned
treatment works) which treats, stores or disposes
of hazardous waste;
BOARD
NOTE:
The owner or operator of a facility
under subsections
(c) (1) through
(c) (3)
is subject
to the requirements of 35 Ill.
Ada. Code 724 to
the extent they are included in a permit by rule
granted to such a person under 35 Ill. Ada. Code
702
and
703
or
are
required
by
35
Ill.
Ada.
Code
704.Subpart F.
5)
The
owner
or
operator
of
a
facility
permitted,
licensed or registered by Illinois to manage
municipal or industrial solid waste,
if the only
hazardous waste the facility treats, stores or
disposes of is excluded from regulation under this
Part by 35 Ill. Ada. Code 721.105;
6)
The owner or operator of a facility managing
recyclable materials described in 35 Ill.
Adju.
Code
721.106(a)(2)~
and
(a)(3),
and
(a)(4)
(except
to the extent that requirements of this Part are
referred to in 35 Ill.
Ada. Code 726.Subparts C,
F,
G,
or H or 279)
7)
A generator accumulating waste on—site in
compliance with 35 Ill. Adm. Code 722.134, except
to the extent the requirements are included in 35
Ill. Adm. Code 722.134;
8)
A farmer disposing of waste pesticides from the
farmer’s
own
use in compliance with 35 Ill.
Adm.
Code
722.170;
9)
The
owner
or
operator
of a totally enclosed
treatment facility, as defined in 35 Ill. Ada.
Code 720.110;
10)
The owner or operator of an elementary
neutralization unit or a wastewater treatment unit
as defined in 35 Ill. Adm. Code 720.110, provided
99
that if the owner or operator is diluting
hazardous ignitable (D001) wastes
(other than the
DOOl High TOC Subcategory defined in 35 Ill. Ada.
Code 728.Table P), or corrosive (D002) waste,
in
order to remove the characteristic before land
disposal, the owner or operator must comply with
the requirements set out in Section 725.117(b);
11)
Immediate response:
A)
Except as provided in subsection (c)(11)(B),
below, a person engaged in treatment or
containment activities during immediate
response to any of the following situations:
i)
A discharge of a hazardous waste;
ii)
An imminent and substantial threat of a
discharge of a hazardous waste;
iii) A discharge of a material which, when
discharged,
becomes a hazardous waste.
B)
An owner or operator of a facility otherwise
regulated by this Part must comply with all
applicable requirements of Subparts C and D.
C)
Any person who is covered by subsection
(c) (11) (A), above and who continues or
initiates hazardous waste treatment or
containment activities after the immediate
response is over is subject to all applicable
requirements of this Part and 35 Ill. Ada.
Code 702,
703 and 705 for those activities.
12)
A transporter storing manifested shipments of
hazardous waste
in containers meeting the
requirements of 35
Ill.
Ada. Code 722.130 at a
transfer facility for a period of ten days or
less.
13)
The addition of absorbent material to waste in a
container
(as defined in 35 Ill. Ada. Code
720.110),
or the addition of waste to the
absorbent material in a container, provided that
these actions occur at the time waste is first
placed in the containers;
and Sections 725.117(b),
725.271 and 725.272 are complied with.
d)
The following hazardous wastes must not be managed at
facilities subject to regulation under this Part:
hazardous waste numbers F020,
F021,
F022,
F023,
F026 or
100
F027 unless:
1)
The wastewater treatment sludge is generated in a
surface impoundment as part of the plant’s
wastewater treatment system;
2)
The waste is stored in tanks or containers;
3)
The waste is stored or treated in waste piles that
meet the requirements of 35 Ill. Ada. Code
724.350(c) as well as all other applicable
requirements of Subpart L;
4)
The waste is burned in incinerators that are
certified pursuant to the standards and procedures
in Section 725.452; or
5)
The waste is burned in facilities that thermally
treat the waste in a device other than an
incinerator and that are certified pursuant to the
standards and procedures in Section 725.483.
e)
This Part applies to owners and operators of facilities
which treat,
store or dispose of hazardous wastes
referred to in 35 111.
Adm. Code 728, and the 35 Ill.
Adm. Code 728 standards are considered material
conditions or requirements of the interim status
standards of this Part.
f)
35
Ill. Adm. Code 700 contains rules concerning
application of other Board regulations.
(Source:
Amended at
_____
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
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
101
728.106
728.
107
728.108
728.109
Section
728. 110
728.111
728.112
728.113
728. 114
Petitions to Allow Land Disposal of a Waste Prohibited
under Subpart C
Waste Analysis and Recordkeeping
Landfill and Surface Impoundment Disposal Restrictions
(Repealed)
Special Rules for Characteristic Wastes
SUBPART B: SCHEDULE FOR
LAND
DISPOSAL PROHIBITION
AND ESTABLISHMENT OF
TREATMENT
STANDARDS
First
Third
Second
Third
Third Third
Newly Listed Wastes
Surface Impoundment exemptions
SUBPART C:
PROHIBITION ON
LAND
DISPOSAL
Waste Specific Prohibitions
--
Solvent Wastes
Waste Specific Prohibitions
--
Dioxin-Containing Wastes
Waste Specific Prohibitions
——
California List Wastes
Waste Specific Prohibitions
--
First Third Wastes
Waste Specific Prohibitions
--
Second Third Wastes
Waste Specific Prohibitions
——
Third Third Wastes
Waste Specific Prohibitions
--
Newly Listed Wastes
Waste Specific Prohibitions
--
Ignitable and Corrosive
Characteristic Wastes Whose Treatment Standards Were
Vacated
728.139
Statutory Prohibitions
Section
728. 140
728.141
728
• 142
728. 143
728.144
728
• 145
728.146
Section
728. 150
728.Appendix
728
.Appendix
728
.Appendix
728.Appendix
728
.Appendix
728
.Appendix
SUBPART
D:
TREATMENT
STANDARDS
Applicability
of
Treatment
Standards
Treatment Standards expressed as Concentrations in
Waste Extract
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
HTNR
SUBPART E:
PROHIBITIONS ON STORAGE
Prohibitions on Storage of Restricted Wastes
A Toxicity Characteristic Leaching Procedure
(TCLP)
B Treatment Standards
(As concentrations in the
Treatment Residual Extract)
C List of Halogenated Organic Compounds
D Organometallic Lab Packs
E Organic Lab Packs
F Technologies to Achieve Deactivation of
Section
728. 130
728.
131
728.132
728.
133
728.
134
728.135
728.136
728.137
102
Characteristics
728.Appendix G Federal Effective Dates
728.Appendix H National Capacity LDR Variances for UIC Wastes
728.Table A
Constituent Concentrations in Waste Extract (CCWE)
728.Table B
Constituent Concentrations in Wastes
(CCW)
728.Table C
Technology Codes and Description of Technology-
Based Standards
728.Table D
Technology—Based Standards by RCRA Waste Code
728.Table E
Standards for Radioactive Mixed Waste
728.Table F
Alternative Treatment Standards for Hazardous
Debris
728.Table G
Alternative Treatment Standards Based on
HMTR
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 5/27)).
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
R90-11
at
15
Ill.
Reg.
9462,
effective
June
17,
1991;
amended
in
R92—10
at
17
Ill.
Reg.
5727,
effective
March
26,
1993;
amended
in
R93—4
at
18
Ill. Reg. 20692, effective November 22,
1993; amended in R93—16
at
Ill. Reg.
.
effective
SUBPART A:
GENERAL
Section 728.102
Definitions
When
used in this Part the following terms have the meanings
given below.
All other terms have the meanings given under 35
Ill.
Ada.
Code
702.110,
720.102
or
721.103.
“Agency” means the Illinois Environmental Protection
Agency.
“Board”
means
the
Illinois
Pollution
Control
Board.
“CERCLA”
means the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42
U.S.C.
9601 et seq.)
“Debris” means solid material exceeding a 60 mm
particle size that is intended for disposal and that
is:
A manufactured object; or plant or animal matter;
or natural geologic material. However, the following
materials are not debris:
Any
material for which a
103
specific treatment standard is provided in 728.Subpart
D; Process residuals such as smelter slag and residues
from the treatment of waste, wastewater,
sludges, or
air emission residues; and intact containers of
hazardous waste that are not ruptured and that retain
at least 75
of their original volume.
A mixture of
debris that has not been treated to the standards
provided by Section 728.145 of this Part and other
material
is subject to regulation as debris if the
mixture is comprised primarily of debris, by volume,
based on visual inspection.
“Halogenated organic compounds” or “HOCs” means those
compounds having a carbon-halogen bond which are listed
under Section 728.Appendix C.
“Hazardous constituent or constituents” means those
constituents listed in 35 Ill. Adm. Code 721.Appendix
H.
“Hazardous debris” means debris that contains a
hazardous waste listed in 35
Ill. Ada. Code 721.Subpart
D, or that exhibits a characteristic of hazardous waste
identified in 35
Ill. Ada. Code 721.Subpart
C.
Inorganic Solid Debris are nonfriable inorganic solids
that are incapable of passing through a 9.5 mm standard
sieve,
and that require cutting,
or crushing and
grinding,
in mechanical sizing equipment prior to
stabilization, limited to the following inorganic or
metal materials:
Metal slags
(either dross or scoria).
Glassified slag.
Glass.
Concrete (excluding cementitious or pozzolanic
stabilized hazardous wastes).
Masonry and refractory bricks.
Metal cans,
containers, drums or tanks.
Metal nuts, bolts, pipes, pumps, valves,
appliances or industrial equipment.
Scrap metal as defined in 35 Ill. Ada. Code
721.101(c) (6).
“Land disposal” means placement in or on the land~
104
except in a corrective action managment unit,
and
includes, but is not limited to, placement in a
landfill, surface impoundment, waste pile, injection
well,
land treatment facility, salt dome formation,
salt bed formation, underground mine or cave,
or
placement in a concrete vault or bunker intended for
disposal purposes.
“Nonwastewaters” are wastes that do not meet the
criteria for “wastewaters” in this Section.
“Polychlorinated biphenyls” or “PCBs” are halogenated
organic compounds defined in accordance with 40 CFR
761.3,
incorporated by reference in 35 Ill. Ada. Code
720.111
“ppm” means parts per million.
“RCRA corrective action” means corrective action taken
under 35 Ill.
Adm. Code 724.200 or 725.193,
40 CFR
264.100 or 265.93
(1987), or similar regulations in
other States with RCRA programs authorized by UJ.S~EPA
pursuant to 40 CFR 271
(1989).
“Underlying hazardous constituent” means any regulated
constituent present at levels above the F039
constituent-specific treatment standard at the point of
generation of the hazardous waste.
“U.S.
EPA” or “USEPA” means the United States
Environmental Protection Agency.
“Wastewaters” are wastes that contain less than 1
by
weight total organic carbon
(TOC) and less than 1
by
weight total suspended solids
(TSS), with the following
exceptions:
FOOl,
F002,
F003,
F004,
F005 solvent—water
mixtures that contain less than 1
by weight TOC
or less than 1
by weight total FOOl,
F002, F003,
F004,
F005 solvent constituents listed in Table A.
KOll,
K013, K014 wastewaters
(as generated) that
contain less than
5
by weight TOC and less than
1
by
weight TSS.
K103 and K104 wastewaters that contain less than
4
by weight TOC and less than 1
by weight TSS.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
)
105
Section 728.109
Special Rules for Characteristic Wastes
a)
The initial generator of a solid waste shall determine
each waste code applicable to the waste in order to
determine the applicable treatment standards under
Subpart D of this Part.
For purposes of
35 Ill. Ada.
Code 728, the waste will carry a waste code designation
for any applicable listing under 35 Ill. Ada. Code
72l.Subpart D, and also one or more waste code
designations under 35 Ill. Ada. Code 721.Subpart C
where the waste exhibits the relevant characteristic,
except in the case when the treatment standard for the
waste code listed in 35 Ill. Ada. Code 721.Subpart D
operates in lieu of the standard for the waste code
under 35 Ill. Adm. Code 721.Subpart C, as specified in
subsection
(b) below.
If the generator determines that
his waste displays the characteristic of ignitability
(DOOl)
(and is not in the High TOC Ignitable Liquids
Subcategory or is not treated by INCIN,
FSUBS,
or RORGS
of 728.Table C of this Part)
or the characteristic of
corrosivitv
(D002) and
is prohibited under Section
728.137. the aenerator shall determine what underlying
hazardous constituents
(as defined in Section 728.102~
are reasonably expected to be present in the DOOl or
D002 waste.
b)
Where a prohibited waste is both listed under 35 Ill.
Ada. Code 721.Subpart D and exhibits a characteristic
under 35
Ill. Adm. Code 721.Subpart C, the treatment
standard for the waste code listed in 35 Ill. Ada.
Code
72l.Subpart D will operate in lieu of the standard for
the waste code under 35 Ill. Ada. Code 721.Subpart
C,
provided that the treatment standard for the listed
waste includes a treatment standard for the constituent
that causes the waste to exhibit the characteristic.
Otherwise, the waste must meet the treatment standards
for all applicable listed and characteristic waste
codes.
c)
In addition to any applicable standards determined from
the initial point of generation,
no prohibited waste
which exhibits a characteristic under 35 Ill. Ada.
Code
721.Subpart C shall be land disposed unless the waste
complies with the treatment standards under Subpart D
of this Part.
d)
Wastes that exhibit a characteristic are also subject
to Section 728.107 requirements, except that once the
waste is no longer hazardous,
a one time notification
and certification must be placed in the generators or
treaters files and sent to the Agency.
The
notification and certification that is placed in the
106
generators or treaters’ files must be updated if the
process or opertaion generating the waste changes or if
the subtitle D facility receiving the waste changes.
However, the generator or treater need only notify the
Agency on an annual basis if such changes occur.
Such
notification and certification should be sent to the
Agency by the end of the year but no later than
December 31.
1)
The notification must include the following
information:
A)
The name and address of the non—hazardous
waste facility receiving the waste shipment;
B)
A description of the waste as initially
generated,
including the applicable..U~S~EPA
Hazardous Waste Number(s) and treatability
group(s);
C)
The treatment standards applicable to the
waste at the initial point of generation.
2)
The certification must be signed by an authorized
representative and must state the language found
in Section 728.107(b) (5) (A).
(Source:
Amended at 17
Ill.
Reg.
________,
effective
___________________________________________________
)
SUBPART
C:
PROHIBITION ON
LAND
DISPOSAL
Section
728.135
Waste Specific Prohibitions—-Third Third
wastes.
a)
The following wastes are prohibited from land disposal.
1)
The wastes specified in 35 Ill.
Adm. Code 721.131
as EPA Hazardous Waste Numbers:
F002
(1,1,2-trichloroethane)
F005
(benzene)
F005 (2—ethoxyethanol)
F005
(2-nitropropane)
FOO6 (wastewaters),
FO19
FO25
F039
(wastewaters);
2)
The wastes specified in 35 Ill. Ada. Code 721.132
as EPA Hazardous Waste Numbers:
107
K002
KO03
KOO4
(wastewaters)
KOO5
(wastewaters)
KO06
KOO8
(wastewaters)
K011 (wastewaters)
K013 (wastewaters)
KO14 (wastewaters)
KO15 (nonwastewaters)
KO17
K021
(wastewaters)
KO22 (wastewaters)
KO25
(wastewaters)
KO26
KO29 (wastewaters)
K031 (wastewaters)
1(032
1(033
KO34
1(035
K041
KO42
1(046 (wastewaters, reactive nonwastewaters)
KO48
(wastewaters)
KO49
(wastewaters)
KO5O (wastewaters)
1(051
(wastewaters)
1(052
(wastewaters)
1(060
(wastewaters)
KO61 (wastewaters) and (high zinc subcategory
15
zinc)
1(069
(wastewaters, calcium sulfate
nonwastewaters)
KO73
1(083
1(084
(wastewaters)
KO85
K095 (wastewaters)
1(096
(wastewaters)
KO97
KO98
1(100
(wastewaters)
KlOl (wastewaters)
K102
(wastewaters)
1(105
1(106
(wastewaters)
3)
The wastes specified in 35 Ill.
Ada. Code
721.133(e) as EPA Hazardous Waste Numbers:
POOl
108
P002
P003
P004
P005
P006
P007
P008
P009
POlO (wastewaters)
Poll (wastewaters)
P012
(wastewaters)
P014
P015
P016
P017
P018
P020
P022
P023
P024
P026
P027
P028
P031
P033
P034
P036 (wastewaters)
P037
P038 (wastewaters)
P042
P045
P046
P047
P048
P049
P050
P051
P054
P056
P057
P058
P059
P060
P064
P065
(wastewaters)
P066
P067
P068
P069
P070
P072
P073
109
P075
P076
P077
P078
P081
P082
P084
P088
P092
(wastewaters)
P093
P095
P096
P101
P102
P103
P105
P108
P110
P112
P113
P114
P115
P116
P118
P119
P120
P122
P123
4)
The wastes specified in 35 Ill. Ada. Code
721.133(f)
as EPA Hazardous Waste Numbers:
UO01
U002
U003
U004
UO05
U006
U007
U008
UO09
U010
UC11
U0l2
U014
U015
0016
0017
0018
U019
U02 0
110
0021
U022
0023
0024
U025
13026
13027
t30
29
13030
U031
13032
13033
UO34
U035
13036
13037
13038
13039
U041
0042
U043
U044
0045
0046
U047
U048
U049
U050
U05l
U052
U053
13055
13056
13057
13059
U060
U061
13062
U063
13064
U066
0067
0068
0070
13071
U072
U073
U074
U075
U076
13077
U078
111
U079
U080
U081
U082
0083
13084
U085
13086
13089
0090
13092.
13092
13093
U094
13095
13096
U097
U098
U099
0101
13103
13105
13106
U108
Ui09
13110
Ui 11
Ui12
13113
0114
U1i5
0116
U117
0118
13119
U120
13121
13122
13123
13124
0125
13126
U127
13128
13129
Ul30
13131
13132
Ui 33
13134
Ui35
U136
(wastewaters)
112
Ui37
U138
Ui40
0141
U. 42
Ul43
13144
U145
Ul46
13147
Ul48
U149
Ui50
13151
(wastewaters)
Ui5
‘
Ui53
13154
U155
U15 6
0157
Ui58
13159
0160
13161
Ui62
Ui63
U164
Ui65
U166
0167
13168
Ui69
0170
0171
13172
U173
0174
13176
Ui77
0178
13179
13180
1318i
0182
Ul83
0184
0185
U186
0187
13188
13189
0191
113
13192
U193
13194
U196
13197
U200
1320i
13202
13203
13204
U205
U206
13207
U208
13209
13210
13211
13213
13214
0215
U216
U217
0218
13219
13220
13222
13225
13226
13227
13228
0234
U236
0237
13238
13239
0240
0243
13244
13246
13247
0248
U249
4)
The following wastes identified as hazardous based
on
a characteristic alone:
D001
DO02
DO03
D004
(wastewaters)
D005
D006
114
D007
D008 (except for lead materials stored before
secondary smelting)
DO09
(wãstewaters)
DO1O
DOll
D012
D013
D0l4
D015
DO16
DO17
b)
The following wastes are prohibited from land disposal.
The wastes specified in 35 Ill. Ada. Code 721.132 as
EPA
Hazardous Waste Numbers:
1(048
(nonwastewaters)
1(049
(nonwastewaters)
K050 (nonwastewaters)
1(051
(nonwastewaters)
1(052
(nonwastewaters)
c)
Effective May 8,
1992, the following wastes are
prohibited from land disposal:
1)
The wastes specified in 35 Ill. Ada. Code 721.131
as
EPA
Hazardous Waste Numbers:
FO39
(nonwastewaters)
2)
The wastes specified in 35 Ill. Ada. Code 721.132
as EPA Hazardous Waste
Numbers:
1(031
(nonwastewaters)
1(084
(nonwastewaters)
K101 (nonwastewaters)
1(102
(nonwastewaters)
K106 (nonwastewaters)
3)
The wastes specified in 35 Ill. Adm. Code
721.133(e) as EPA Hazardous Waste Numbers:
POlO (nonwastewaters)
Poll (nonwastewaters)
P012
(nonwastewaters)
P036 (nonwastewaters)
P038
(nonwastewaters)
P065
(nonwastewaters)
P087
P092
(nonwastewaters)
115
4)
The wastes specified in 35 Ill. Ada. Code
721.133(f)
as
EPA
Hazardous Waste Numbers:
0136
(nonwastewaters)
0151 (nonwastewaters)
5)
The following wastes identified as hazardous based
on a characteristic alone:
D004 (nonwastewaters)
D009
(nonwastewaters);
6)
RCRA
hazardous wastes that contain naturally
occurring radioactive materials.
d)
Effective May 8, 1992, hazardous wastes listed in
Sections 728.110, 728.111 or 728.112 that are mixed
radioactive/hazardous wastes, and soil or debris
contaminated with hazardous wastes listed in Sections
728.110,
728.111
or 728.112 that are mixed
radioactive/hazardous wastes, are prohibited from land
disposal, except as provided in subsection
(e)
below.
e)
Subject to the applicable prohibitions of Sections
728.130, 728.131,
and 728.132, contaminated soil and
debris are prohibited from land disposal as follows:
1)
Effective May 8, 199~j,debris that is
contaminated with wastes listed in Sectione
728.110, 728.111 or 728.112
(including ouch wactea
that arc mixed radioactive and hacardouo wasteD),
and debris that is contaminated with any
characteristic waste for which treatment standards
are established in Subpart D of this Part
(including ouch wa~tcothat arc mixed radioactive
hazardouo wuotco), are prohibited from land
disposal.
~j
Effective May 8. 1994. mixed radioactive hazardous
debris that is contaminated with hazardous wastes
listed in Section 728.112 and mixed radioactive
hazardous debris that is contaminated with any
characteristic waste for which treatment standards
are extablished in Subpart D of this Part are
prohibited from land dis~osa1.
~j
Subsections
(e) (1) and
(e) (2)
of this Section
shall not apply where the generator has failed to
make good-faith effort to locate treatment
capacity suitable for its waste, has not utilized
116
such capacity as it has found to be available, or
has failed to file a report as required by Section
728.105(q)
by August 12,
1993 or within 90 days
after the waste is generated (whichever is later)
describing the generator’s efforts to locate
treatment capacity.
Where subsections
(e) (1) and
(e)_(2)_of_this Section do not a~plv.all wastes
described in those two subsections are prohibited
from land disposal.
BOARD NOTE:
This subsection is derived frum 40
CFR 268.35(e) (3).
as added at 58 Fed. Reg. 28510
(May 14,
1993).
This was a HSWA—derived amendment
that went into effect as federal law in Illinois.
effective May 8. 1993.
The August 12.
1993 report
was due on that date as a matter of federal law.
~)
Effective May 8,
1993, hazardous soil having
treatment standards in 728.Subpart D based on
incineration, mercury retorting or vitrification,
and soils contaminated with hazardous wastes
listed in Sections 728.110, 728.111 and 728.112
that are mixed radioactive hazardous wastes, are
prohibited from land disposal.
~j.
When used in subsections
(e) (1) and
(e) (2)
of this
Section. debris is defined as follows:
~
Debris as defined in Section 728.102(q); or
~j
Nonfriable inorganic solids that are
incapable of passing throuah a 9.5 mm
standard sieve that require cutting or
crushing and grinding in mechanical sizing
equipment prior to stabilization, limited to
the following inorganic or metal materials:
ii
Metal slage
(either dross or scoria)
JJJ~.
Glassified slag;
iii) Glass
~
Concrete (excluding cementitious or
pozzolanic stabilized hazardous wastes)
yj.
Masonry and refractory bricks
yjj.
Metal cans, containers,
drums, or tanks;
vii) Metal nuts,
bolts, pipes, pumps, valves,
appliances, or industrial equipment;
or
117
viii)
Scrap metal as defined
in 35 Ill.
Ada.
Code 721.101(c) (6).
h)
Between May 8,
1990,
and May 8,
1992, wastes included
in subsections
(c),
(d) and
(e), above, shall be
disposed of in a landfill or surface impoundment only
if such unit is in compliance with the requirements
specified in Section 728.105(h) (2).
i)
The requirements of subsections
(a),
(b),
(c),
(d) and
(e), above, do not apply if:
1)
The wastes meet the applicable standards specified
in Subpart D of this Part;
2)
Persons have been granted an exemption from a
prohibition pursuant to a petition under Section
728.106, with respect to those wastes and units
covered by the petition;
3)
The wastes meet the applicable alternate standards
established pursuant to a petition granted under
Section 728.144;
4)
Persons have been granted an extension to the
effective date of a prohibition pursuant to
Section 728.105, with respect to these wastes
covered by the extension.
j)
To determine whether a hazardous waste listed in
Section 728.110, 728.111 or 728.112 exceeds the
applicable treatment standards specified in Sections
728.141 and 728.143, the initial generator shall either
test a representative sample of the waste extract or
the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste
extract or the waste, or use knowledge of the waste. If
the waste contains constituents in excess of the
applicable Subpart D of this Part levels, the waste
is
prohibited from land disposal, and all requirements of
this Part are applicable, except as otherwise
specified.
k)
Effective May 8,
1993, D008 lead materials stored
before secondary smelting are prohibited from land
disposal. On or before March 1,
1993,
the
owner
or
operator of each secondary lead smelting facility shall
submit to the Agency the following: A binding
contractual
commitment
to
construct
or
otherwise
provide capacity for storing such D008 wastes prior to
smelting
which
complies
with
all
applicable
storage
standards;
documentation
that
the
capacity
to
be
118
provided will be sufficient to manage the entire
quantity of such D008 wastes; and,
a detailed schedule
for providing such capacity. Failure by a facility to
submit such documentation will render such DOO8 managed
by that facility prohibited from land disposal
effective March 1,
1993. In addition, no later than
July 27,
1992, the owner or operator of each facility
shall place in the facility record documentation of the
manner and location in which such wastes will be
managed pending completion of such capacity,
demonstrating that such management capacity will be
adequate
and
complies
with
all
applicable
requirements
of 35
Ill. Ada. Code 720 through 728.
(Source:
Amended at
_____
Ill. Req.
________,
effective
___________________________________________________)
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
739
STANDARDS
FOR THE MANAGEMENT OF USED OIL
SUBPART
A:
DEFINITIONS
Section
739.100
Definitions
SUBPART
B:
APPLICABILITY
Section
739.110
Applicability
739.111
Used oil specifications
739.112
Prohibitions
SUBPART C:
STANDARDS FOR USED OIL GENERATORS
Section
739. 120
Applicability
739.121
Hazardous waste mixing
739.122
Used oil storage
739.123
On-site burning
in
space
heaters
739.124
Off—site shipments
SUBPART D:
STANDARDS FOR USED OIL COLLECTION CENTERS
AND
AGGREGATION
POINTS
Do-it—yourselfer used oil collection centers
Used oil collection centers
Used oil aggregate points
owned
by
the
generator
Section
739
• 130
739.131
739.132
119
SUBPART
E:
STANDRADS FOR USED OIL TRANSPORTER AND TRANSFER
FACILITIES
Section
739.140
739.141
739.142
739.i43
739.144
739.145
739.146
739.147
Section
739.150
739.151
739.152
739.153
739.154
739.155
739.156
739.157
739.158
739
• 159
Applicability
Restrictions on transporters w~iethatare not also
processors
Notification
Used oil transportation
Rebuttable presumption for used oil
Used
oil storage at transfer facilities
Tracking
Management of residues
SUBPART F:
STANDARDS FOR USED OIL PROCESSORS
Applicability
Notification
General facility standards
Rebuttable presumption for used oil
Used oil management
Analysis plan
Tracking
Operating record and reporting
Off-site shipments of used oil
Management of residues
SUBPART
G:
STANDARDS
FOR
USED
OIL
BURNERS
W~4GTHATBURN
OFF-SPECIFICATION
USED
OIL
FOR ENERGY RECOVERY
Applicability
Restriction on burning
Notification
Rebuttable presumption for used oil
Used
oil
storage
Tracking
Notices
Management
of
residues
SUBPART
H:
STANDARDS FOR USED OIL FUEL
MARKETERS
Applicability
Prohibitions
On-specification used oil fuel
Notification
Tracking
Notices
SUBPART I:
STANDARDS
FOR
USE
AS
A
DUST
SUPPRESSANT
DISPOSAL
OF
USED
OIL
Section
739.180
Applicability
739.181
Disposal
Section
739.160
739.161
739.162
739.163
739.164
739.165
739.166
739.167
Section
739.170
739.171
739.172
739.173
739.174
739.175
120
739.182
Use as a dust suppressant
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
5/27)).
SOURCE:
Adopted in R93-4 at 17
Ill.
Reg.
20954,
effective
November 22,
1993: amended in R93-16 at
Ill. Reg.
.
effective
SUBPART
A:
DEFINITIONS
Section 739.100
Definitions
Terms that are defined in 35 Ill. Adm. Code 720.110,
721.101, and
731.112 have the same meanings when used in this Part.
“Aboveground tank” means a tank used to store or
process
used
oil that is not an underground storage
tank
as
defined
in
35
Ill.
Ada.
Code
280.12.
BOARD NOTE:
This definition is different from the
definition for “Aboveground tank” given in 35 Iii. Ada.
Code 720.110.
Although the meanings are similar, the
main distinction is that the definition for this Part
limits the tanks to those used to store or process used
oil, whereas the 720.110 definition contemplates tanks
which contain hazardous wastes.
The above definition
is limited to this Part only.
“Container” means any portable device in which a
material is stored, transported, treated, disposed of,
or otherwise handled.
“Do—it—yourselfer used oil collection center” means any
site or facility that accepts or aggregates and stores
used oil collected only from household do-it-
yourselfers.
“Existing
tank”
means a tank that is used for the
storage or processing of used oil and that is in
operation, or for which installation has commenced on
or prior to the effective date of the authorized used
oil program for the State in which the tank is located.
Installation will be considered to have commenced if
the owner or operator has obtained all federal,
state,
and local approvals or permits necessary to begin
installation of the tank and if either:
A continuous on—site installation program has
begun,
or
121
The owner or operator has entered into contractual
obligations—which cannot be canceled or modified
without
substantial
loss-for
installation
of
the
tank
to be completed within a reasonable time.
BOARD NOTE:
This definition is similar to the
definition for “Existing tank system” in 35 Ill.
Adm. Code 720.110.
Although the meanings are
similar, the definition given above for “existing
tank”
in this Part limits the tanks to those used
to store or process used oil, whereas the 720.110
definition contemplates tanks systems which
contain hazardous wastes.
The above definition is
limited to this Part only.
“Household ‘do-it-yourselfer’ used oil” means oil that
is derived from households,
such as used oil generated
by individuals who generate used oil through the
maintenance of their personal vehicles.
BOARD
NOTE:
Household ‘do-it-yourselfer’ used oil is
not subject to the State’s special waste hauling permit
requirements under Part 809.
“Household ‘do—it—yourselfer’ used oil generator” means
an individual who generates household “do—it—
yourselfer” used oil.
“New tank” means a tank that will be used to store or
process used oil and for which installation has
commenced after the effective date of the authorized
used oil program for the State in which the tank is
located.
BOARD
NOTE:
This
definition
is
similar
to
the
definition given for “New tank system” given in 35 Ill.
Adm. Code 720.110.
Although the meanings are similar,
the definition given above for “new tank”
in this Part
limits the tanks to those used to store or process used
oil, whereas the 720.110 definition contemplates new
tanks systems which contain hazardous wastes.
The
above definition is limited to this Part only.
“Processing” means chemical or physical operations
designed to produce from used oil, or to make used oil
more amenable for production of, fuel oils,
lubricants,
or other used oil—derived product.
Processing
includes, but is not limited to: blending used oil with
virgin
petroleum
products,
blending
used
oils
to
meet
the fuel specification, filtration, simple
distillation, chemical or physical separation and re—
refining.
“Re-refining distillation bottoms” means the
heavy
fraction produced by vacuum distillation of filtered
122
and dehydrated used oil.
The composition of still
bottoms varies with column operation and feedstock.
“Tank” means any stationary device, designed to contain
an accumulation of used oil which is constructed
primarily of non—earthen materials,
(e.g., wood,
concrete,
steel, plastic) which provides structural
support.
“Used oil” means any oil that has been refined from
crude oil, or any synthetic oil, that has been used and
as a result of such use i~#~
contaminated by physical or
chemical impurities.
“Used oil aggregation point” means any site or facility
that accepts,
aggregates, or stores used oil collected
only from other used oil generation sites owned or
operated by the owner or operator of the aggregation
point,
from which used oil is transported to the
aggregation point
in shipments of no more than 55
gallons.
Used oil aggregation points may also accept
used oil from household do—it—yourselfers.
“Used oil burner” means a facility where used oil not
meeting the specification requirements in Section
739.111
is
burned
for
energy
recovery in devices
identified
in
Section
739.161(a).
“Used oil collection center” means any site or facility
that is registered by the Agency to manage used oil and
accepts or aggregates and stores used oil collected
from used oil generators regulated under Subpart C of
this Part
whethat
bring used oil to the collection
center
in
shipments
of
no
more
than
55
gallons
under
the provisions of Section 739.124.
Used oil collection
centers may also accept used oil from household do—it—
yourselfers.
“Used
oil fuel marketer” means any person w1~ethat
conducts either of the following activities:
Directs a shipment of off-specification used oil
from their facility to a used oil burner; or
Firstclaims that used oi1~thatis to be büihed
for energy recovery meets the used oil fuel
specifications set forth in Section 739.111.
“Used oil generator” means any person, by site, whose
act or process produces used oil or whose act first
causes
used
oil
to
become
subject
to
regulation.
123
“Used
oil
processor”
means
a facility that processes
used
oil.
“Used
oil
transfer
facility”
means
any
transportation
related
facility
including loading docks, parking
areas,
storage
areas,
and other areas where shipments
of used oil are held for more than
24
hours
during
the
normal course of transportation and not longer than 35
days.
Transfer facilities that store used oil for more
than 35 days are subject to regulation under Subpart F
of this Part.
“Used
oil
transporter” means any person w1~ethat
transports
used
oil,
any
person
w~tethat collects
used
oil from more than one generator and transports the
collected
oil,
and
owners
and
operators
of
used
oil
transfer
facilities.
Used
oil
transporters may
consolidate or aggregate loads of used oil for purposes
of transportation but, with the following exception,
may not process used oil.
Transporters may conduct
incidental processing operations that occur
in the
normal course of used oil transportation (e.g.,
settling and water separation), but that are not
designed to produce (or make more amenable for
production
of)
used oil derived products or used oil
fuel.
(Source:
Amended
at
Ill.
Reg.
________,
effective
_______________________________________________________ )
SUBPART
B:
APPLICABILITY
Section 739.110
Applicability
This Section identifies those materials which are subject to
regulation as used oil under this
Part.
This Section also
identifies some materials that are not subject to regulation as
used
oil under this Part, and indicates whether these materials
may
be
subject
to
regulation
as
hazardous
waste
under
Parts
702,
703,
720
through
726
and
728.
a)
Used
oil.
U~S.~EPApresumes that used oil is to be
recycled unless a used oil handler disposes of used
oil,
or sends used oil for disposal.
Except as
provided in Section 739.111, the regulations of this
Part apply to used oil, and to materials identified in
this
Section
as
being
subject
to
regulation
as
used
oil,
whether
or
not
the
used oil or material exhibits
any
characteristics
of
hazardous
waste
identified
in
35
Ill.
Adm.
Code
721.Subpart
C.
124
b)
Mixtures of used oil and hazardous waste.
1)
Listed hazardous waste.
A)
M&~ixtureeof used oil and hazardous waste
that is listed in 35 Ill. Ada. Code
721.Subpart D arej~.subject to regulation as
hazardous waste under 35 Ill.
Ada. Code 703,
720 through 726 and 728, rather than as used
oil under this Part.
B)
Rebuttable presumption for used oil.
Used
oil containing more than 1,000 ppm total
halogens is presumed to be a hazardous waste
because it has been mixed with halogenated
hazardous waste listed in 35 Ill. Ada. Code
721.Subpart D.
Persons may rebut this
presumption by demonstrating that the used
oil does not contain hazardous waste
(for
example, by using an analytical method from
SW-846, Edition III, to show that the used
oil does not contain significant
concentrations of halogenated hazardous
constituents listed in 35 Iii. Ada. Code
721.Appendix H).
U~SJEPAPublication SW-
846, Third Edition,
is available for the cost
of $110.00 from the Government Printing
Office, Superintendent of Documents,
P.O.
Box 371954, Pittsburgh, PA 15250—7954,
(202)
783—3238 (document number 955—001—00000—1).
i)
The rebuttable presumption does not
apply to metalworking oils or fluids
containing chlorinated paraffins,
if
they are processed,
through a tolling
arrangement as described in Section
739.124(c),
to reclaim metalworking oils
or fluids.
The presumption does apply
to metalworking oils or fluids if such
oils or fluids are recycled in any other
manner, or disposed.
ii)
The rebuttable presumption does not
apply to used oils contam~’iatedwith
chlorofiuorocarbons
(CFCs) removed from
refrigeration units where the CFC5 are
destined for reclamation.
The
rebuttable presumption does apply to
used oils contaminated with CFC5 that
have been mixed with used oil from
sources other than refrigeration units.
125
2)
Characteristic hazardous waste.
MA~ixtureeof
used oil and hazardous waste that exhibits a
hazardous waste characteristic identified in 35
Ill.
Adm. Code 721.Subpart C and a mixture of used
oil and hazardous waste that is listed in Subpart
D of this Part solelY because it exhibits one or
more of the characteristics of hazardous waste
identified in
35 Ill. Ada. Code 721.Subpart
C
a~ej~
subject to:
A)
Except as provided in subsection
(b) (2) (C) of
this Section, regulation as hazardous waste
under 35 Ill. Ada. Code 703, 720 through 726
and 728 rather than as used oil under this
Part,
if the resultant mixture exhibits any
characteristics
of
hazardous waste identified
in
35
Ill.
Ada.
Code
721.Subpart
C;
or
B)
ExcePt
as
provided in subsection
(b) (2) (C) of
this
Section,
rRegulation
as
used oil under
this Part,
if the resultant mixture does not
exhibit any characteristics of hazardous
waste identified under 35 Ill. Ada. Code
72i.Subpart C.
C)
Regulation as used oil under this Part,
if
the mixture is of used oil and a waste which
is hazardous solely because i~ exhibits the
characteristic of ignitability and is not
listed in 35 Ill. Ada. Code 721.Subpart D
(e.g., mineral spirits), provided that the
mixture does not exhibit the characteristic
of ignitability under 35 Ill. Adm. Code
721.121.
3)
Conditionally exempt small quantity generator
hazardous waste.
MA~ixtureeof used oil and
conditionally exempt small quantity generator
hazardous waste regulated under 35 Ill.
Ada. Code
721.105 a~ej~
subject to regulation as used oil
under
this
Part.
c)
Mixtures
e~containing
or
otherwise
contaminated
with
used oil with non-hazardous solid waotcci. ~—Hixturcoof
used oil and non-hazardous solid waste arc subject to
regulation as used oil under this Part.
fl
Except as provided in subsection
(c) (2)
of this
Section,
a
material
containing
or
otherwise
contaminated
with
used oil from which the used oil
has
been
properly
drained
or
removed
to
the
extent
possible
such
that
no
visible signs of free-
126
flowing oil remain in or on the material:
~j
Is not used oil, and thus,
it is not sublect
to
this
Part,
and
~j
If
applicable,
js subject to the hazardous
waste regulations of 35 Ill. Adm. Code 703.
705. 720 through 726. and 728.
21
A material containing or otherwise contaminated
with used oil that is burned for energy recovery
is subiect to regulation as used oil under this
Part.
fl
Used oil drained or removed from materials
containing
or
otherwise contaminated with used oil
is sub-lect to regulation as used oil under this
Part.
d)
Mixtures of used oil with products.
1)
Except as provided in subsection
(d) (2) below,
mixtures of used oil and fuels or other fuel
products are subject to regulation as used oil
under this Part.
2)
Mixtures of used oil and diesel fuel mixed on—site
by
the
generator
of
the used oil for use in the
generator’s own vehicles are not subject to this
Part once the used oil and diesel fuel have been
mixed.
Prior to mixing, the used oil is subject
to the requirements of Subpart C of this Part.
e)
Materials derived from used oil.
1)
Materials that are reclaimed from used oil that
are used beneficially and are not burned for
energy recovery or used in a manner constituting
disposal
(e.g., re—refined lubricants)
are:
A)
Not used oil and thus are not subject to this
Part,
and
B)
Not solid wastes and are thus not subject to
the hazardous wast~regulations of Parts
35
Ill. Ada. Code 703, 720 through 726 and 728
as provided in 35 Ill. Adm. Code
721.103(c) (2) (A).
2)
Materials produced from used oil that are burned
for energy recovery
(e.g., used oil fuels)
are
subject
to
regulation
as
used
oil under this Part.
127
3)
Except as provided in subsection
(e) (4)
below,
materials derived from used oil that are disposed
of
or
used
in
a
manner constituting disposal are:
A)
Not
used
oil
and
thus
are
not
subject
to
this
Part,
and
B)
Are
solid wastes and thus are subject to the
hazardous waste regulations of 35 Ill. Ada.
Code 703, 720 through 726 and 728 if the
materials are listed or identified as
hazardous waste.
4)
Rused oil re-refining distillation bottoms that
are used as feedstock to manufacture asphalt
products are
+
A)
N~ot subject
to
this
Part
at this time,
and
Not
subj cot
to the hazardous wa~o
regulations of 35
Ill. Awn. ~ooc 7~- i~u
through 726 and 728 at this time.
f)
Wastewater.
Wastewater,
the discharge of which is
subject
to
regulation under either Section
402
or
Section 307(b)
of the Clean Water Act (including
wastewaters at facilities which have eliminated the
discharge
of
wastewater),
contaminated
with
de
minimis
quantities
of
used oil are not subject to the
requirements of this Part.
For purposes of this
subsection,
“de minimis” quantities of used oils are
defined
as small spills,
leaks, or drippings from
pumps,
machinery,
pipes, and other similar equipment
during
normal
operations
or
small
amounts
of
oil
lost
to
the
wastewater
treatment
system
during
washing
or
draining
operations.
This
exception will not apply
if
the
used
oil
is
discarded as a result of abnormal
manufacturing
operations
resulting
in
substantial
leaks,
spills,
or
other
releases,
or
to
used
oil
recovered
from
wastewaters.
g)
Used
oil
introduced into crude oil or natural gas
pipelines.
Used oil that is placed directly into a
crude oil
or
natural
gas pipeline is subject to the
management standards of this Part only prior to the
point of introduction to the pipeline.
Once the used
oil
is introduced to the pipeline, the material is
exempt
from
the
requirements
of
this
Part.
h)
Used
oil
on
vessels.
Used
oil
produced
on
vessels
from
normal
shipboard
operations
is
not
subject
to
this
Part
until
it
is
transported
ashore.
128
-
-_
_
UCL_
__~
-
oii regulated 35 Ill.
Ada. Cod
regulation under this Part.
B)
This Ccction ~.sadopted to maintain oorrclati
with tnc rcucz-ai.
~
LL
Used oil containina PCBs.
In addition to the
requirements of this Part,
a marketer or burner of used
gil that markets used oil containing any quantifiable
level of PCBs
is subiect to the requirments of 40
CFR
761.20(e).
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
Section 739.111
Used oil specifications
Used oil burned for energy recovery, and any fuel produced from
used oil by processing,
blending, or other treatment,
is subject
to
regulation
under
this
Part
unless
it
is
shown
not
to
exceed
any
of
the
allowable
levels
of
the
constituents
and
properties
in
the
specification
shown
in
Table
1.
Once
used
oil
that
is
to
be
burned for energy recovery has been shown not to exceed any
specification and the person making that showing complies with
Sections
739.172,
739.173,
and
739.174(b),
the
used
oil
is
no
longer
subject
to
this
Part.
Table
1-Used
Oil
Not
exceeding
Any
Specification Level Is Not
Subject
to
this
Part
When
Burned
for
Energy
Recovery’
Constituent/property
Allowable
level
Arsenic
5 ppm maximum.
Cadmium
2
ppm maximum.
Chromium
10
ppm
maximum.
Lead
100
ppm
maximum.
Flash
point
100
°F minimum.
Total
halogens
4,000
ppm
maximum2.
FOOTNOTE:
The specification does not apply to mixtures of used
oil and hazardous waste that continue to be regulated as
hazardous waste
(see Section Section 739.110(b)).
FOOTNOTE:
2
Used oil containing
more
than
1,000
ppm
total
halogens
is
presumed
to
be
a
hazardous
waste
under
the
rebuttable
presumption
provided
under
Section
739.11O(b)(1).
Such
used
oil
is
subject
to
35
Ill.
Adm.
Code
726.Subpart
H
rather
than
this
129
Part when burned for energy recovery unless the presumption of
mixing can be successfully rebutted.
NOTE:
A~~licablestandards for the burning of used oil
containing PCBs are imposed by 40 CFR 761.20(e)..
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
___________
)
Section 739.112
Prohibitions
a)
Surface
impoundment
prohibition.
Used
oil
shall
not
be
managed
in
surface
impoundments
or
waste
piles
unless
the
units
are
subject
to
regulation
under
35
Ill.
Ada.
Code
724
or
725.
b)
Use
as
a
dust
suppressant.
The
use
of
used
oil
as
a
dust
suppressant
is
prohibited,
except
when
such
activity
takes
place
in
one
of
the
states
listed
in
Section
739.182(c).
c)
Burning
in
particular
units.
Off-specification
used
oil
fuel
may
be
burned
for
energy
recovery
in
only
the
following
devices:
1)
Industrial
furnaces
identified
in
35
Ill.
Ada.
Code
720.110;
2)
Boilers, as defined in
35
Ill.
Ada.
Code
720.110,
that are identified as follows:
A)
Industrial boilers located on the site of a
facility engaged in a manufacturing process
where substances are transformed into new
products,
including
the
component
parts
of
products, by mechanical or chemical
processes;
B)
Utility boilers used to produce electric
power, steam, heated or cooled air, or other
gases or fluids for sale; or
C)
Used oil-fired space heaters provided that
the burner meets the provisions of Section
739.123.
fl
Hazardous waste incinerators subject to regulation
under 35
Iii. Ada. Code 724.Subpart 0 or
725.Subpart
0.
(Source:
Amended at
Ill.
Reg.
_________,
effective
)
130
SUBPART
C:
STANDARDS
FOR USED OIL GENERATORS
Section 739.121
Hazardous waste mixing
a)
Concrators shall not mix hazardous waste withMixtures
~
used oil and hazardous waste must be managedcxocpt
as provided in accordance with Section 739.110(b) (2) (B)
and
(C).
b)
The rebuttable presumption for used oil of Section
739.110(b) (1) (B) applies to used oil managed by
generators.
Under the rebuttable presumption for used
oil of Section 739.110(b) (1) (B), used oil containing,
greater than 1,000 ppm total halogens is presumed to be
a hazardous waste and thus must be managed as hazardous
waste
and
not
as
used
oil
unless
the
presumption
is
rebutted.
However,
the
rebuttable
presumption
does
not
apply to certain metalworking oils and fluids and
certain used oils removed from refrigeration units.
(Source:
Amended at
_____
Ill. Reg.
effective
___________________________________________________ )
Section 739.122
Used oil storage
As specified in Ceotion 739.110(f), wastcwatcrs containing “do
minimis” quantities of used oil arc not subject to the
requirements of this Part,
including the prohibition on storage
in units other than
tanks
or containers.
Used oil generators are
subject to all applicable federal Spill Prevention, Control and
Countermeasures
(40 CFR 112)
in addition to the requirements of
this Subpart.
Used oil generators are also subject to the
Underground
Storage
Tank
(35
Ill.
Adm.
Code 731) standards for
used
oil
stored
in
underground
tanks
whether
or
not
the
used
oil
exhibits
any
characteristics
of
hazardous waste, in addition to
the
requirements
of
this
e~ubpart.
a)
Storage units.
Used oil generators shall not store
used oil in units other than tanks,
containers, or
units subject to regulation under 35 Ill.
Ada. Code 724
or 725.
b)
Cr~nditionof units.
Containers and aboveground tanks
us.4 to store used oil at generator facilities must be:
1)
In good condition (no severe rusting, apparent
structural defects or deterioration); and
2)
Not
leaking
(no
visible
leaks).
c)
Labels.
131
1)
Containers and aboveground tanks used to store
used oil at generator facilities must be labeled
or marked clearly with the words “Used Oil.”
2)
Fill pipes used to transfer used oil into
underground storage tanks at generator facilities
must be labeled or marked clearly with the words
“Used
Oil.”
d)
Response to releases.
Upon detection of a release of
used oil to the environment not subject to the
requirements of Part 280, Subpart F which has occurred
after the effective date of the authorized used oil
program for the State in which the release is located,
a generator mustshall perform the following cleanup
steps:
1)
Stop the release;
2)
Contain the released used oil;
3)
Clean up and manage properly the released used oil
and other materials; and
4)
If necessary to prevent future releases, repair or
replace any leaking used oil storage containers or
tanks prior to returning them to service.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
_______________________________________________________ )
Section 739.123
On-site burning in space heaters
a)
Generators
may burn used oil in used oil—fired space
heaters
provided
that:
4~)
The
heater
burns
only
used oil that the owner or
operator
generates
or
used
oil
received
from
household
do-it-yourself
used
oil
generators;
~)
The
heater
is
designed
to
have
a
maximum capacity
of
not
more
than
0.5
million
Btu
per
hour;
and
~)
The combustion gases from the heater are vented to
the ambient air.
b)
This Ccction is adopted to maintain correlation with
Federal regulations.
(Source:
Amended
at
Ill.
Reg.
_________,
effective
132
Section
739.124
Off-site
shipments
Except as provided in subsections
(a) through
(C)
of
this
Section,
generators
mustshall
ensure that their used oil is
transported only by transporters w~ethathave obtained a U.S. EPA
identification number and an Illinois special waste
identification numbers pursuant to 35 Ill. Ada. Code Part 809.
BOARD
NOTE: A generator w~iethatqualifies for an exemption under
Section 739.124(a)
through
(c) may still be subject to the
State’s special waste hauling permit requirements under Part 809.
a)
Self-transportation of small amounts to registered
collection centers.
Generators may transport, without
a U.S. EPA identification number and an Illinois
special waste identification
number,
used oil that is
generated
at
the
generator’s
site
and
used
oil
collected from household do-it—yourselfers to a used
oil collection center provided that:
1)
The generator transports the used oil in a vehicle
owned
by
the
generator
or
owned
by
an
employee
of
the generator;
2)
The generator transports no more than 55 gallons
of
used
oil
at
any
time;
and
3)
The
generator
‘transports
the
used
oil
to
a
used
oil collection center that has registered by
written notification with the Agency to manage
used oil.
This notification shall include
information
sufficient
for
the Agency to identify,
locate and communicate with the facility.
The
notification shall be submitted on forms provided
by the Agency.
b)
Self-transportation
of
small
amounts
to
aggregation
points
owned
by
the
generator.
Generators
may
transport, without a~U.S. EPA identification number
and
an
Illinois
special
waste
identification
number,
used oil that is generated at the generator’s site to
an aggregation point provided that:
1)
The generator transports the used oil in a vehicle
owned
by the generator or owned by an employee of
the generator;
2)
The
generator
transports
no
more
than 55 gallons
of
used
oil
at
any
time;
and
3)
The generator transports the used oil to an
aggregation
point
that
is
owned
or operated by the
133
same generator.
c)
Tolling arrangements.
Used oil generators may arrange
for used oil to be transported by a transporter without
a U.S. EPA identification number and an Illinois
special waste identification number if the used oil is
reclaimed under a contractual agreement pursuant to
which reclaimed oil is returned by the processor to the
generator for use as a lubricant, cutting oil, or
coolant.
The contract (known as a “tolling
arrangement”)
must
indicate:
1)
The
type
of used oil and the frequency of
shipments;
2)
That the vehicle used to transport the used oil to
the processing facility and to deliver recycled
used oil back to the generator is owned and
operated
by
the
used
oil
processor;
and
3)
That reclaimed oil will be returned to the
generator.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
_______________________________________________________)
SUBPART E:
STANDRADS FOR USED OIL TRANSPORTER AND
TRANSFER
FACILITIES
Section
739.140
Applicability
a)
General.
Except
as
provided
in subsections
(a) (1)
through
(a)
(4)
of
this
Section,
this
Subpart
applies
to
all used oil transporters.
Used oil transporters are
persons whethat transport used oil, persons whethat
collect used oil from more than one generator and
transport the collected oil, and owners and operators
of used oil transfer facilities.
1)
This Subpart does not apply to on-site
transportation.
2)
This Subpart does not apply to generators whothat
transport shipments of used oil totalling 55
gallons
or
less
from
the
generator
to
a
used
oil
collection center as specified in Section
739.124(a).
3)
This Subpart does not apply to generators whethat
transport shipments of used oil totalling 55
gallons or less from the generator to a used oil
134
aggregation point owned or operated by the same
generator as specified in Section 739.124(b).
4)
This Subpart does not apply to transportation of
used oil generated byfrom household do-it-
yourselfers from the initial generator to a
regulated used oil generator, collection center,
aggregation point,
processor, or burner subject to
the requirements of this Part.
Except as provided
in subsections
(a) (1) through
(a) (3) of this
Section, this Subpart does., however, apply to
transportation of collected household do-it-
yourselfer used oil from regulated used oil
generators,
collection centers, aggregation
points,
or other facilities where household do—it-
yourselfer used oil is collected.
BOARD
NOTE: A generator
whethat
qualiftes for an
exemption under Section 739.124 may still be
subject to the State’s special waste hauling
permit requirements under Part 809.
D)
Imports and exports.
Transporters wliethat import used
oil
from
abroad
or
export
used oil outside
of- the
United States are subject to the requirements of this
Subpart from the time the used oil enters and until the
time it exits the United States.
c)
Trucks used to transport hazardous waste.
Unless
trucks previously used to transport hazardous waste are
emptied
as described in 35 Ill. Ada. Code 721.107 prior
to transporting used oil, the used oil is considered to
have been mixed with the hazardous waste and must be
managed as hazardous waste unless, under the provisions
of Section 739.110(b), the hazardous waste and used oil
mixture is determined not to be hazardous waste.
d)
Other applicable provisions.
Used oil transporters
whethat conduct the following activities are also
subject to other applicable provisions of this Part as
indicated in subsections
(d) (1) through
(5)
of this
Section:
1)
Transporters whethat generate used oil mustshall
also comply with Subpart C of this Part;
2)
Transporters whethat process or re—refine used
oil,
except
as
provided
in
Section
739.141,
mustshall also comply with Subpart F of this Part;
3)
Transporters whethat burn off—specification used
oil for energy recovery mustshall also comply with
Subpart G of this Part;
135
4)
Transporters whethat direct shipments of off-
specification used oil from their facility to a
used oil burner or first claim that used oil that
is to be burned for energy recovery meets the used
oil fuel specifications set forth in Section
739.111 mustshall also comply with Subpart H of
this part; and
5)
Transporters whethat dispose of used oil,
including the use of used oil as a dust
suppressant, mustshall also comply with Subpart I
of this Part.
(Source:
Amended at
_____
Ill. Reg.
________,
effective
_______________________________________________________)
Section 739.141
Restrictions on transporters whethat are not
also processors
a)
Used oil transporters may consolidate or aggregate
loads of used oil for purposes of transportation.
However,
except as provided in subsection
(b) of this
Section, used oil transporters may not process used oil
unless they also comply with the requirements for
processors in Subpart F of this Part.
b)
Transporters may conduct incidental processing
operations that occur in the normal course of used oil
transportation (e.g., settling and water separation),
but that are not designed to produce
(or make more
amenable for production of) used oil derived products
unless they also comply with the processor requirements
in Subpart F of this Part.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
_______________________________________________________ )
Section
739.142
Notification
a)
Identification numbers.
~jased
oil transporters
whethat ha~e~
not previously complied with the
notification~
U.S. EPA
requirements of hazardous waste
and other used oil mana~ementactivies and obtained a
U.S. EPA identification number pursuant to RCRA Section
3010
mustshall comply with these rcquircmentsnotifv to
identify its used oil transporter activities.
Even
if
a used oil transporter has previously notified U.S. EPA
of hazardous waste and other used oil mana~ement
activites and obtained a
U.S. EPA
identification number
pursuant to RCRA Section 3010,
it shall renotifv to
identify its used oil transporter activities. and~
used oil transporter shall obtain an Illinois special
136
waste identification number.
b)
Mechanics of notification.
fl
A used oil transDorter that has not received a
U.S. EPA identification number may obtain one by
notifying U.S. EPA Region V of its used oil
activity by submitting either:
~j
A completed U.S. EPA Form 8700—12
(To obtair
ordering information for U.S. EPA Form 8700-
12 call the RCRA/Superfund Hotline at 1—900-
424—9346 or 703—920—9810); or
~
A letter requesting a U.S. EPA identification
number.
(Call the RCRA/Superfund Hotline to
determine where to send a letter requesting a
U.S. EPA identification number.)
The letter
should include the following information:
jj
The transporter company name
jJJ
The owner of the transporter company:
iii) The mailing address for the transporter
jy)
The name and telephone number for the
transporter point of contact:
yl
The type of transport activity (i.e.,
transport only, transport and transfer
facility,
or
transfer
facility
only)
yJj
The location of all transfer facilities
at which used oil is stored:
vii) The name and telephone number for a
contact
at
each
transfer
facillity.
21
A
used oil transporter whethat has not received an
Illinois special waste identification number may
obtain one pursuant to 35 Ill. Ada. Code Part 809~
(Source:
Amended at
_____
Ill.
Reg.
_________,
effective
___________________________________________________)
Section
739.143
Used
oil
transportation
a)
Deliveries.
A used oil transporter mustshall deliver
all used oil received to:
1)
Another used oil transporter, provided that the
transporter has obtained a
U.S. EPA
identification
137
ChippingU.S. DOT requirements.
~Aused
oil
transporters
,nustshall
comply with all applicable
packaging,
labeling,
and placarding requirements
e~underthe U.S. Department of Transportation undcrj~
49 CFR parts
173-~-i178 and l79through 180.
~1Aperson
transporting used oil that meets the definition of
combustible liquid (flash point below 200 OF but at or
greater than 100
0F)
or flammable liquid
(firinh
1!~Oint
br~1rrrj
luLl
c)
Used oil discharges.
1)
In the event of a discharge of used oil during
transportation, the transporter iuustshall take
appropriate immediate action to protect human
health and the environment (e.g., notify local
authorities, dike the discharge area).
2)
If
a discharge of used oil occurs during
transportation and an official
(State or local
government
or
a
Federal
Agency)
acting
within
the
scope of official responsibilities determines that
immediate removal of the used oil is necessary to
protect human health or the environment, that
official may authorize the removal of the used oil
by ~transportere
whethat do~not have a U.S. EPA
identification number and an Illinois
special
waste identification numbers.
3)
An
air,
rail,
highway,
or
water
transporter
whethat has discharged used oil muotshall:
A)
Give notice,
if required by 49 CFR 171.15 to
the National Response Center
(800—424—8802 or
202—426—2675); and
number and an Illinois special waste
identification number;
2)
A used oil processing facility whethat has
obtained a U.S. EPA identification number and an
Illinois special waste identification number;
3)
An off-specification used oil burner facility
whethat has obtained a U.S. EPA identification
number and an Illinois special waste
identification
number;
or
4)
An on—specification used oil burner facility.
b)
hazardous material in 49 CFR 171.8 4e
subject toshall com~lvwith all applicable U.S.
Department of Transportation Hazardous Materials
Regulations
~
49
CFR
Parts
1~971 through
17—7~Q.
138
B)
Report in
writing
as required by 49 CFR
171.16 to the Director, Office of Hazardous
Materials Regulations, Materials
Transportation Bureau, Department of
Transportation, Washington, DC 20590.
4)
A water transporter whethat has discharged used
oil muctshall give notice as required by 33 CFR
153.203.
5)
A transporter mustshall clean up any used oil
discharged that occurs during transportation or
take such action as may be required or approved by
federal,
state, or local officials so that the
used oil discharge no longer presents a hazard to
human health or the environment.
(Source:
Amended at
Ill. Reg.
_________,
effective
___________________________________________________ )
Section 739.145
Used oil storage at transfer facilities
As specified in Caption 739.110(f), wastowators containing 1tdo
minimis”
qua
ntitios of used oil are not subject to the
requirements of this Part,
inoluding the prohibition on storage
in
units
otner tnan tanxs or containers.
U~j~sedoil
transporters a~ej~subject to all applicable Spill Prevention,
Control and Countermeasures
(40 CFR 112)
in addition to the
requirements of this Subpart.
~~jased oil gcncratorstrans~orter
erej~also subject to the Underground Storage Tank
(35 Ill. Ada.
Code 731)
standards for used oil stored in underground tanks
whether or not the used oil exhibits any characteristics of
hazardous waste,
in addition to the requirements of this Subpart.
a)
Applicability.
This Section applies to used oil
transfer facilities.
Used oil transfer facilities are
transportation
related facilities including loading
docks, parking areas, storage areas, and other areas
where shipments of used oil are held for more than 24
hours during the normal course of transportation and
not longer than 35 days.
Transfer facilities that
store used oil for more than 35 days are subject to
regulation
under
Subpart
F.
b)
Storage units.
Owners or operators of used oil
transfer facilities may not store used oil in units
other than tanks, containers, or units subject to
regulation under 35 Iii. Adm. Code 724 or 725.
c)
Condition of units.
Containers and aboveground tanks
used to store used oil at transfer facilities must be:
139
1)
In good condition (no severe rusting, apparent
structural defects or deterioration); and
2)
Not leaking
(no visible leaks).
d)
Secondary containment for containers.
Containers used
to store used oil at transfer facilities must be
equipped with a secondary containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes,
berms or retaining walls; and
B)
A floor.
The floor must cover the entire
area within the dikes, berms, or retaining
walls~r;or
~L
An equivalent secondary containment system.
2)
The entire containment system,
including walls and
floors, must be sufficiently impervious to used
oil to prevent any used oil released into the
containment system from migrating out of the
system to the soil, groundwater,
or surface water.
e)
Secondary containment for existing aboveground tanks.
Existing aboveground tanks used to store used oil at
transfer facilities must be equipped with a secondary
containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes,
berms or retaining walls; and
B)
A
floor.
The floor must cover the entire
area within the dike, berm,
or retaining wall
except areas where existing portions of the
tank meet the ground;
or
C)
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floors, must be sufficiently impervious to used
oil
to
prevent
any used oil released into the
containment system from migrating out of the
system to the soil,
groundwater,
or surface water.
f)
Secondary containment for new aboveground tanks.
New
aboveground tanks used to store used oil at transfer
facilities must be equipped with a secondary
140
containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes, berms or retaining walls; and
B)
A floor.
The floor must cover the entire
area within the dike,
berm, or retaining
wall; or
C)
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floors, must be sufficiently impervious to used
oil to prevent any used oil released into the
containment system from migrating out o~the
system to the soil, groundwater,
or surface water.
g)
Labels.
1)
Containers and aboveground tanks used to store
used oil at transfer facilities must be labeled or
marked clearly with the words “Used Oil.”
2)
Fill pipes used to transfer used oil into
underground storage tanks at transfer facilities
must be labeled or marked clearly with the words
“Used Oil.”
h)
Response to releases.
Upon detection of a release of
used oil to the environment not subject to the
requirements of 35 Ill. Ada. Code 731.Subpart F which
has occurred after the effective date of the authorized
used oil program for the State
in which the release is
located, a owner or operator of a transfer facility
mustshall
perform
the
following
cleanup
steps:
1)
Stop the release;
2)
Contain the released used oil;
3)
Clean up and manage properly the released used oil
and other materials; and
4)
If necessary to prevent future releases, repair or
replace any leaking used oil storage containers or
tanks prior to returning them to service.
(Source:
Amended at
Ill. Reg.
,
effective
)
14.
Section 739.146
Tracking
a)
Acceptance.
Used oil transporters mustshall keep a
record of each used oil shipment accepted for
transport.
Records for each shipment must include:
1)
The name and address of the generator,
transporter,
or
processor
whethat
provided
the
used oil for transport;
2)
The U.S. EPA identification number and Illinois
special waste identification number
(if
applicable)
of the generator, transporter, or
processor whethat provided the used oil for
transport;
3)
The quantity of used oil accepted;
4)
The date of acceptance;
and
5)
The signature, dated upon receipt of the used oil,
of a representative of the generator, transporter,
or processor
whethat
provided the used oil for
transport.
b)
Deliveries.
Used oil transporters mustshall keep a
record of each shipment of used oil that is delivered
to another used oil transporter, or to a used oil
burner, processor,
or disposal facility.
Records of
each delivery must include:
1)
The name and address of the receiving facility or
transporter;
2)
The
U.S. EPA
identification number and Illinois
special waste identification number of the
receiving facility or transporter;
3)
The quantity of used oil delivered;
4)
The date of delivery;
5)
The signature, dated upon receipt of the used oil,
of a representative of the receiving facility or
transporter.
c)
Exports of used oil.
Used oil transporters mustshall
maintain the records described in subsections
(b) (1)
through
(b) (4)
of this Section for each shipment of
used oil exported to any foreign country.
d)
Record retention.
The records described in subsections
142
(a),
(b), and
(c) of this Section must be maintained
for at least three years.
(Source:
Amended
at
_____
Ill.
Reg.
_________,
effective
___________________________________________________ )
SUBPART F:
STANDARDS FOR USED OIL PROCESSORS
Section 739.151
Notification
a)
Identification
numbers.
Thjased
oil
processors
a~i4~
re-ref
mere
whethat
ha~e~not
previously
complied
with
thc notificationed U.S. EPA of hazardous waste and
other used oil managment activities and obtained a U.S.
EPA
identification number under the requirements of
RCRA
Section 3010 mustshall comply with these
rcquircmcntsnotify U.S. EPA to identify its used oil
processor or rerefiner activites.
Even if a used oil
processor or re—refiner has previously notified U.S.
EPA
of hazardous waste and other used oil management
activites and obtained a U.S. EPA identification number
pursuant to RCRA Section 3010.
it shall renotify to
identify its used oil processor or re—refiner
activities,
and A used oil processor or re—refiner
shall obtain an Illinois special waste identification
number.
b)
Mechanics of notification.
j,j
A used oil processor or re—refiner that has not
received a U.S.
EPA
identification number may
obtain one by notifying U.S. EPA Region V of its
used oil activity by submitting either:
~j.. A completed U.S. EPA Form 8700-12
(To obtain
ordering information for
U.S. EPA
Form 8700-
3.2 call the RCRA/Superfund Hotline at 1—900-
424—9346 or 703—920—9810): or
~j
A letter requesting a U.S. EPA identification
number.
(Call the RCRA/Superfund Hotline to
determine where to send a letter requesting a
U.S. EPA
identj~cationnumber.)
The letter
should
incluc4e
th,...
following information:
j)
The processor or re—refiner company
name
£j1
The owner of the processor or re—refiner
company
143
iii) The mailing address for the processor or
re—refiner
jyj
The name and telephone number for the
processor or re—refiner point of
contact
y)
The
tyPe
of
transport
activity
(i.e.~.
transport only. transport and transfer
facility, or transfer facility onlv)i~
yj)
The location of all transfer facilities
at which used oil is stored:
vii) The name and telephone
number
for
a
contact at each transfer facillitv.
21
A used oil processor or re—refiners
whethat
has
not received an Illinois special waste
identification
number
may
obtain
one
pursuant
to
35
Ill.
Adm.
Code Fart SO9by contacting the Agency
at the following address:
Division of Land
Pollution Control. Illinois EPA. 2200 Churchill
Road. Springfield, illinois
62706
(telephone:
217—782—6761).
(Source:
Amended at
Ill. Reg.
_________,
effective
_______________________________________________________)
Section 739.152
General facility standards
a)
Preparedness and prevention.
Owners and operators of
used oil processors and re—refiners facilities
mustshall comply with the following requirements:
1)
Maintenance and operation of facility.
Facilities
must be maintained and operated to minimize the
possibility of a fire,
explosion, or any unplanned
sudden or non—sudden release of used oil to air,
soil, or surface water which could threaten human
health or the environment.
2)
Required equipment.
All facilities must be
equipped with the following,
unless none of the
hazards posed by used oil handled at the facility
could require a particular kind of equipment
specified in subsections
(a) (2) (A) through
(a) (2) (D)
of this Section:
A)
An internal communications or alarm system
capable of providing immediate emergency
instruction (voice or signal) to facility
personnel;
144
B)
A device, such as a telephone (immediately
available at the scene of operations) or a
hand—held two-way radio, capable of summoning
emergency assistance from local police
departments, fire departments, or State or
local emergency response teams;
C)
Portable fire extinguishers, fire control
equipment (including special extinguishing
equipment,
such as that using foam,
inert
gas, or dry chemicals), spill control
equipment and decontamination equipment; and
D)
Water at adequate volume and pressure to
~ipply water hose streams, or foam producing
equipment,
or automatic sprinklers,
or water
spray
systems.
3)
Testing and maintenance of equipment.
All
facility communications or alarm systems, fire
protection equipment, spill control equipment, and
decontamination equipment, where required, must be
tested and maintained as necessary to assure its
proper
operation
in
time
of
emergency.
4)
Access to communications or alarm system.
A)
Whenever used oil is being poured, mixed,
spread, or otherwise handled, all personnel
involved in the operation must have immediate
access to an internal alarm or emergency
communication device, either directly or
through visual or voice contact with another
employee, unless such a device is not
required in subsection
(a) (2)
of this
Section.
B)
If there is ever just one employee on the
premises while the facility is operating, the
employee must have immediate access to a
device, such as a telephone (immediately
available at the scene of operation)
or a
hand—held two—way radio, capable of summoning
ext~rnalemergency assistance, unless such a
device is not required in subsection
(a) (2)
of this Section.
5)
Required aisle space.
The owner or operator
mustshall maintain aisle space to allow the
unobstructed movement of personnel,
fire
protection equipment, spill control equipment, and
decontamination equipment to any area of facility
145
operation in an emergency, unless aisle space is
not needed for any of these purposes.
6)
Arrangements with local authorities.
A)
The
owner
or operator austshall attempt to
make the following arrangements, as
appropriate for the
type
of used oil handled
at the facility and the potential need for
the services of these organizations:
1)
Arrangements to familiarize police, fire
departments, and emergency response
teams with the layout of the facility,
properties of used oil handled at the
facility and associated hazards, places
where facility personnel would normally
be working, entrances to roads inside
the facility, and possible evacuation
routes;
ii)
Where more than one police and fire
department might respond to an
emergency,
agreements
designating
primary emergency authority to a
specific police and a specific fire
department, and agreements with any
others to provide support to the primary
emergency authority;
iii) Agreements with State emergency response
teams, emergency response contractors,
and equipment suppliers; and
iv)
Arrangements to familiarize local
hospitals with the properties of used
oil handled at the facility and the
types of injuries or illnesses which
could result from fires, explosions,
or
releases at the facility.
B)
Where State or local authorities decline to
enter into such arrangements, the owner or
-
operator mustshall~documentthe refusal in
the operating record.
b)
Contingency plan and emergency procedures.
Owners and
operators of used oil processors and re—refiners
facilities mustshall comply with the following
requirements:
1)
Purpose and implementation of contingency plan.
146
A)
Each owner or operator muotshall have a
contingency plan for the facility.
The
contingency plan must be designed to minimize
hazards to human health or the environment
from fires, explosions, or any unplanned
sudden or non-sudden release of used oil to
air,
soil, or surface water.
B)
The provisions of the plan must be carried
out immediately whenever there is a fire,
explosion, or release or used oil which could
threaten human health or the environment.
2)
Content of contingency plan.
A)
The contingency plan must describe the
actions facility personnel must take to
comply with subsections
(b) (1) and
(b) (6)
of
this Section in response to fires,
explosions, or any unplanned sudden or non—
sudden
release
of
used
oil
to
air,
soil,
or
surface water at the facility.
B)
If the owner or operator has already prepared
a Spill Prevention,
Control, and
Countermeasures
(SPCC) Plan in accordance
with 40 CFR 112, or 40 CFR 1510, or some
other emergency or contingency plan, the
owner or operator need only amend that plan
to incorporate used oil management provisions
that are sufficient to comply with the
requirements of this Part.
C)
The plan must describe arrangements agreed to
by local police departments, fire
departments, hospitals, contractors, and
State and local emergency response teams to
coordinate emergency services, pursuant to
subsection
(a) (6)
of this Section.
D)
The plan must list names, addresses,
and
phone
numbers
(office
and
home)
of
all
persons qualified to act as emergency
coordinator
(see subsection
(b) (5)
of this
Section), and this list must be kept up to
date.
Where more than one person is listed,
one must be named as primary emergency
coordinator and others must be listed in the
order
in which they will assume
responsibility as alternates.
E)
The plan must include a list of all emergency
147
equipment at the facility (such as fire
extinguishing systems, spill control
equipment, communications and alarm systems
(internal and external), and decontamination
equipment), where this equipment is required.
This list must be kept up to date.
In
addition, the plan must include the location
and a physical description of each item on
the list, and a brief outline of its
capabilities.
F)
The plan must include an evacuation plan for
facility personnel where there is a
possibility that evacuation could be
necessary.
This plan must describe signal(s)
to be used to begin evacuation, evacuation
routes, and alternate evacuation routes
(in
cases where the primary routes could be
blocked by releases of used oil or fires).
3)
Copies of contingency plan.
A copy of the
contingency plan and all revisions to the plan
must be:
A)
Maintained at the facility; and
B)
Submitted to all local police departments,
fire departments, hospitals, and State and
local, emergency response teams that may be
called upon to provide emergency services.
4)
Amendment of contingency plan.
The contingency
plan must be reviewed, and immediately amended,
if
necessary, whenever:
A)
Applicable regulations are revised;
B)
The plan fails in an emergency;
C)
The facility changes—in its design,
construction, operation, maintenance, or
other circumstances-in a way that materially
increases the potential for fires,
explosions,
or releases of used oil, or
changes the response necessary in an
emergency;
D)
The list of emergency coordinators changes;
or
E)
The list of emergency equipment changes.
148
5)
Emergency coordinator.
At all times, there must
be at least one employee either on the facility
premises or on call
(i.e., available to respond to
an emergency by reaching the facility within a
short period of time) with the responsibility for
coordinating all emergency response measures.
This emergency coordinator muotshall be thoroughly
familiar with all aspects of the facility’s
contingency plan, all operations and activities ~
the facility, the location and characteristic of
used oil handled, the location of all records
within the facility, and facility layout.
In
addition, this person must have the authority to
commit the resources needed to carry out the
contingency plan.
BOARD NOTE:
U.S. EPA
cited the following as
guidance: The emergency coordinator’s
responsibilities are more fully spelled out in
subsection
(b) (6)
below. Applicable
responsibilities for the emergency coordinator
vary, depending on factors such as type and
variety of used oil handled by the facility, and
type and complexity of the facility.
6)
Emergency procedures.
A)
Whenever there is an imminent or actual
emergency situation, the emergency
coordinator
(or the designee when the
emergency coordinator is on call) mustshall
immediately:
i)
Activate internal facility alarms or
communication systems, where applicable,
to notify all facility personnel; and
ii)
Notify appropriate State or local
agencies with designated response roles
if their help is needed.
B)
Whenever there is a release, fire,
or
explosion,
the emergency coordinator
mustshall immediately identify the character,
exact source,
amount, and a real extent of
any released materials.
He may do this by
observation or review of facility records of
manifests and,
if necessary, by chemical
analysts.
C)
Concurrently, the emergency coordinator
muztshall assess possible hazards to human
149
health or the environment that may result
from the release,
fire, or explosion.
This
assessment must consider both direct and
indirect effects of the release,
fire,
or
explosion
(e.g., the effects of any toxic,
irritating,
or asphyxiating gases that are
generated, or the effects of any hazardous
surface water run—offs from water of chemical
agents used to control fire and heat-induced
explosions).
D)
If the emergency coordinator determines that
the facility has had a release,
fire, or
explosion which could threaten human health,
or the environment, outside the facility, be
mu3tshall report his findings as follows:
i)
If his assessment indicated that
evacuation of local areas may be
advisable, he mustshall immediately
notify appropriate local authorities.
He mustshall be available to help
appropriate officials decide whether
local areas should be evacuated; and
ii)
He mustshall immediately notify either
the government official designated as
the on—scene coordinator for the
geographical area
(in the applicable
regional contingency plan under 40
CFR
1510), or the National Response Center
(using their 24-hour toll free number
(800) 424—8802).
The
report must
include: Name and telephone
number
of
reporter; Name and address of facility;
Time and type of incident (e.g.,
release,
fire); Name and quantity of
material(s)
involved, to the extent
known; The extent of injuries,
if any;
and The possible hazards to human
health, or the environment, outside the
facility.
E)
During an emergency, the emergency
coordinator mu3tshall take all reasonable
measures necessary to ensure that fires,
explosions, and releases do not occur, recur,
or spread to other used oil or hazardous
waste at the facility.
These measures must
include, where applicable,
stopping processes
and operation, collecting and containing
released used oil, and removing or isolating
150
containers.
F)
If the facility stops operation in response
to a fire,
explosion, or release, the
emergency coordinator mustshall monitor for
leaks, pressure buildup, gas generation,
or
ruptures in valves, pipes, or other
equipment, wherever this is appropriate.
G)
Immediately after an e~nergency,the emergency
coordinator muatshall provide for recycling,
storing, or disposing of recovered used oil,
contaminated soil or surface water, or any
other material that results from a release,
fire, or explosion at the facility.
H)
The emergency coordinator mustshall ensure
that,
in the affected area(s) of the
facility:
fl
No waste or used oil that may be
incompatible with the released material
is recycled, treated, stored, or
disposed of until cleanup procedures are
completed;
and
jJJ.
tell emergency equipment listed in the
contingency plan is cleaned and £it for
its intended use before operations are
resumed.
iii) The owner or operator mustshall notify
the Regional Administratorthe Agency,
and all other appropriate State and
local authorities that the facility is
in compliance with subsection~
(~)
(6) (H) (i) and
(b) (6) (H) (ii) of this
Section before operations are resumed in
the affected area(s) of the facility.
I)
The owner or operator mustshall note in the
operating record the time, date and details
of any incident that requires implementing
the contingency plan.
Within 15 days after
the incident, he mustshall submit a written
report on the incident to the Regional
Administrator.
The report must include:
Jj
The riName, address, and telephone number
of the owner or operator;
JJJ
The nName, address, and telephone number
151
of the facility;
iii) The d~ate,time,
and type of incident
(e.g.,
fire,
explosion);
.iyl
The nName and quantity of material(s)
involved;
yj
The extent of injuries,
if any;
An assessment of actual or potential
hazards to human health or the
environment, where this is applicable;
and
vii) The e~stimatedquantity and disposition
of recovered material that resulted from
the incident.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
___________________________________________________ )
Section 739.154
Used oil management
As specified in Ccction 739.110(f), wastcwatcrs containing “do
minimis” quantities of used oil arc not subject to thc
requirements of this Part,
including the prohibition on storage
in units other than tanks or containers.
U~j~sedoil processors
a~ej~subject to all applicable Spill Prevention, Control and
Countermeasures
(40 CFR 112)
in addition to the requirements of
this Subpart.
~jased
oil gcncratorcprocessor or rerefiner e~ejg
also subject to the Underground Storage Tank
(35 Ill. Ada. Code
731)
standards for used oil stored in underground tanks whether
or not the used oil exhibits any characteristics of hazardous
waste,
in addition to the requirements of this Subpart.
a)
Management units.
Used oil processors shall not store
or process used oil in units other than tanks,
containers,
or units subject to regulation under 35
Ill.
Adm. Code 724 or 725.
b)
Condition of units.
Containers and aboveground tanks
used to store or process used oil at processing
facilities must be:
1)
In good condition
(no severe rusting, apparent
structural defects or deterioration); and
2)
Not leaking (no visible leaks).
c)
Secondary containment for containers.
Containers used
to store or process used oil at processing and re—
152
refining facilities must be equipped with a secondary
containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes, berms or retaining walls; and
B)
A floor.
The floor must cover the entire
area within the dike,
berm, or retaining
wall: or
çj
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floor, must be sufficiently impervious to used oil
to prevent any used oil released into the
containment system from migrating out of the
system to the soil, groundwater, or surface water.
d)
Secondary containment for existing aboveground tanks.
Existing aboveground tanks used to store or process
used oil at processing and re-refining facilities must
be equipped with a secondary containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes, berms or retaining walls; and
B)
A floor.
The floor must cover the entire
area within the dike,
berm,
or retaining wall
except areas where existing portions of the
tank meet the ground; or
C)
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floor, must be sufficiently impervious to used oil
to prevent any used oil released into the
containment system from migrating out of the
system to the soil, groundwater, or surface water.
e)
Secondary containment for new aboveground tanks.
New
aboveground tanks used
to
store or process used oil at
processing and re-refining facilities must be equipped
with a secondary containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes, berms or retaining walls; and
153
B)
A floor.
The floor must cover the entire
area within the dike,
berm,
or retaining
wall; or
C)
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floor, must be sufficiently impervious to used oil
to prevent any used oil released into the
containment system from migrating out of the
system to the soil, groundwater, or surface water.
f)
Labels.
1)
Containers and aboveground tanks used to store
used oil at processing facilities must be labeled
or marked clearly with the words “Used Oil.”
2)
Fill
pipes used to transfer used oil into
underground storage tanks at processing facilities
must be labeled or marked clearly with the words
“Used Oil.”
g)
Response to releases.
Upon detection of a release of
used oil to the environment not subject to the
requirements
of
35
Ill.
Ada.
Code
731.Subpart
F
which
has occurred after the effective date of the authorized
used oil program for the State in which the release is
located, a processor mustshall perform the following
cleanup steps:
1)
Stop the release;
2)
Contain the released used oil;
3)
Clean up and manage properly the released used oil
and other materials; and
4)
If
necessary to prevent future releases, repair or
replace any leaking used oil storage containers or
tanks
prior
to
returning
them
to
service.
h)
Closure.
1)
Aboveground
tanks.
Owners
and
operators
whethat
store or process used oil in aboveground tanks
mu3tshall
comply
with
the
following
requirements:
A)
At
closure
of
a
tank
system,
the
owner
or
operator
mu3tshall
remove
or
decontaminate
used oil residues in tanks,
contaminated
containment
system
components,
contaminated
154
soils, and structures and equipment
contaminated with used oil, and manage them
as hazardous waste, unless the materials are
not hazardous waste under this chapter.
B)
If the owner or operator demonstrates that
not all contaminated soils can be practicably
removed or decontaminated as required in
subsection
(h) (1) (A)
above, then the owner or
operator mustshall close the tank system and
perform post—closure care in accordance with
the closure and post-closure care
requirements that apply to hazardous waste
landfills
(35 Ill.
Ad.m. Code 725.410).
2)
Containers.
Owners and operators whethat store
used oil in containers mu3tshall comply with the
following requirements:
A)
At closure, containers holding used oils or
residues of used oil must be removed from the
site;
B)
The owner or operator muotshall remove or
decontaminate used oil residues, contaminated
containment system components,
contaminated
soils,
and structures and equipment
contaminated with used oil, and manage them
as hazardous waste, unless the materials are
not hazardous waste 35 Ill. Ada. Code 721.
(Source:
Amended at
Ill. Reg.
________,
effective
Section 739.156
Tracking
a)
Acceptance.
Used oil processors mustshall keep a
record of each used oil shipment accepted for
processing.
These records may take the form of a log,
invoice, manifest, bill of lading or other shipping
documents.
Records for each shipment must include the
following information:
1)
The name and address of the transporter we~~
delivered the used oil to the processor;
2)
The name and address of the generator or processor
from whom the used oil was sent for processing;
3)
The U.S. EPA idenitification number and Illinois
special waste identification number of the
transporter
whethat
delivered the used oil to the
155
processor;
4)
The U.S. EPA idenitification number and Illinois
special waste identification
number
(if
applicable)
of the generator or processor from
whom the used oil was sent for processing;
5)
The quantity of used oil accepted; and
6)
The date of acceptance.
b)
Deliveries.
Used oil processors muctshall keep a
record of each shipment of used oil that is delivered
to another used oil burner, processor, or disposal
facility.
These records may take the form of a
log,
invoice, manifest, bill of lading or other shipping
documents.
Records of each delivery must include the
following information:
1)
The name and address of the transporter whethat
delivers the used oil to the burner, processor or
disposal facility;
2)
The name and address of the burner, processor or
disposal facility
whethat
will receive the used
oil;
3)
The U.S. EPA identification
number
and Illinois
special waste identification
number
of the
transporter w4~tethatdelivers the used oil to
the
burner, processor or disposal facility;
4)
The
U.S.
EPA
identification number and Illinois
special waste identification
number
of the burner,
processor,
or disposal facility whethat will
receive the used oil;
5)
The quantity of used oil shipped;
6)
The date of shipment.
c)
Record retention.
The records described in subsections
(a)
and
(b)
above must be maintained for at least
three
years.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
__________________________________________________
)
Section 739.157
Operating record and reporting
a)
Operating record.
156
1)
The owner or operator mustshall keep a written
operating record at the facility.
2)
The following information must be recorded,
as it
becomes available,
and maintained in the operating
record until closure of the facility;
A)
Records and results of used oil analyses
performed as described in the analysis plan
required under Section 739.155; and
B)
Summary reports and details of all incidents
that require implementation of the
contingency plan an specified in Section
739.152(b).
b)
Reporting.
A used oil processor mustshall report to
the Regional Administrator,
in the form of a letter, on
a biennial basis
(by March
1 of each even
numbered
year), the following information concerning used oil
activities during the previous calendar year;
1)
The U.S. EPA identification number and Illinois
special waste identification
number,
name, and
address of the processor;
2)
The calendar year covered by the report; and
3)
The quantities of used oil accepted for processing
and the manner in which the used oil is processed,
including the specific processes employed.
(Source:
Amended at
Ill. Reg.
_________,
effective
___________________________________________________)
Section 739.158
Off—site shipments of used oil
Used oil processors
whethat
initiate shipments of used oil off-
site mustshall ship the used oil using a used oil transporter
whethat
has obtained an U.S. EPA identification number and
Illinois special waste identification number.
(Source:
Amended at
_____
Ill. Reg.
_________,
effective
_______________________________________________)
SUBPART G:
STANDARDS FOR USED OIL BURNERS WNGTHAT BURN
OFF-SPECIFICATION USED OIL FOR ENERGY RECOVERY
Section 739.160
Applicability
a)
General.
The requirements of this Subpart apply to
157
used oil burners except as specified in subsections
(a)(1) and
(a)2)
of this Section.
A used oil burner is
a facility where used oil not meeting the specification
requirements in Section 739.111 is burned for energy
recovery in devices identified in Section 739.161(a).
Facilities burning used oil for energy recovery under
the following conditions are not subject to this
Subpart:
1)
The used oil is burned by the generator in an on—
site space heater under the provisions of Section
739.123; or
2)
The used oil is burned by a processor for purposes
of processing used oil, which is considered
burning incidentally to used oil processing.
b)
Other applicable provisions.
Used oil burners whethat
conduct the following activities are also subject to
the requirements of other applicable provisions of this
Part as indicated below.
1)
Burners
whethat
generate
used
oil
mustshall
also
comply thiowith Subpart C of this Part;
2)
Burners
whethat
transport used oil mu3tshall also
comply with Subpart E of this Part;
3)
Except as provided in Section 739.161(b), burners
whethat
process or re—refine used oil mustshall
also comply with Subpart F of this Part;
4)
Burners
whethat
direct shipments of off—
specification used oil from their facility to a
used oil burner or first claim that used oil that
is to be burned for energy recovery meets the used
oil fuel specifications set forth in Section
739.111 mustshall also comply with Subpart H of
this Part; and
5)
Burners
whethat
dispose of used oil, including the
use of used oil as a dust suppressant, muotshall
comply with Subpart I of this Part.
C)
Specification fuel.
This Subpart does not apply to
persons burning used oil that meets the used oil fuel
specification of Section 739.111, provided that the
burner complies with the requirements of Subpart H of
this Part.
(Source:
Amended at
Ill.
Reg.
_________,
effective
)
158
Section 739.162
Notification
a)
Identification
numbers.
&j~sedoil burners
whethat
ha~e~
not previously complied with the notifioation~
U.S. EPA
of its used oil burning activities shall
notify U.S. EPA to identify its used oil burning
activities pursuant to the requirements of
RCRA
Section
3010.
Even if a used oil burner has previously
notified U.S. EPA of hazardous waste activities under
RCRA
Section 3010 and obtained a U.S. EPA
identification number, the used oil burner shall
renotify U.S. EPA to identify its used oil burning
activities and,
A used oil burner mustshall comply
with those requirements obtain an Illinois special
waste identification number.
b)
Mechanics of notification.
A used oil burner
whethat
has not received an
U.S. EPA
identification number may
obtain
one
by
notifying
the
Regional
Administrator
of
their used oil activity by submitting either:
1)
A completed EPA Form 8700-12
(To obtain EPA Form
8700—12 call RCRA/Superfund Hotline at 1—800—424—
9346 or 703—920—9810); or
2)
A letter requesting an EPA identification
number.
Call the RCRA/Superfund Hotline to determine where
to send a letter requesting an EPA identification
number.
The
letter
should
include
the
following
information:
A)
BThe burner company name;
B)
~The_owner of the burner company;
C)
MThe mailing address for the burner;
D)
NThe name and telephone number for the burner
point
of
contact;
E)
~The~ype
of used oil activity; and
F)
~,Thelocation of the burner facility.
ci
A used oil burner that
has
not previously obtained an
Illinois special waste identifation number may obtain
one by contacting the Agency at the following address:
Division of Land Pollution Control. Illinois
EPA,
2200
Churchill Road.
Springfield, Illinois
62706
(telephone:
217—782—6761).
(Source:
Amended at
Ill. Reg.
_________,
effective
159
_______________________________________________________)
Section 739.164
Used oil storage
As spcoifiod in Cootion-739.110(f), waotcwatcrs containing “do
pinimis”—quantities of used oil arc not subject to the
requirements of this Part, including the prohibition on otorago
in units other than tanks or containers.
U&jased oil burners
e~ej~.
subject to all applicable Spill Prevention, Control and
Countermeasures
(40 CFR 112)
in addition to the requirements of
this Subpart.
~jased
oil gencratoroburner a~ej~
also subject to
the Underground Storage Tank
(35 Ill. Ada. Code 731) standards
for used oil stored in underground tanks whether or not the used
oil exhibits any characteristics of hazardous waste,
in addition
to the requirements of this Subpart.
a)
Storage units.
Used oil burners may not store used oil
in units other than tanks, containers,
or units subject
to regulation under
35 Ill.
Ada.
Code 724 or 725.
b)
Condition of units.
Containers and aboveground tanks
used to store oil at burner facilities must be:
1)
In good condition (no severe rusting, apparent
structural defects or deterioration); and
2)
Not leaking
(no visible leaks).
c)
Secondary containment for containers.
Containers used
to store used oil at burner facilities must be equipped
with a secondary containment system.
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes,
berms
or
retaining
walls;
and
B)
A
floor.
The floor must cover the entire
area within the dike,
berm, or retaining
wall.
2)
The entire containment system, including walls and
floor, must be sufficiently impervious to used oil
to prevent any used oil released into the
containment system from migrating out of the
system to the soil, groundwater, or surface water.
d)
Secondary containment for existing aboveground tanks.
Existing aboveground tanks used to store used oil at
burner facilities must be equipped with a secondary
containment system.
160
1)
The secondary containment system must consist of,
at a minimum:
A)
Dikes, berms or retaining walls; and
B)
A floor.
The floor must cover the entire
area within the dike,
berm,
or retaining wall
except areas where existing portions of the
tank
meet the ground; or
C)
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floor, must be sufficiently impervious to used oil
to prevent any used oil released into the
containment system from migrating out of the
system to the soil, groundwater, or surface water.
e)
Secondary containment for existing aboveground tanks.
New aboveground tanks used to store used oil at burner
facilities must be equipped with a secondary
containment system.
1)
The
secondary
containment
system
must
consist
of,
at a minimum:
A)
Dikes, berms or retaining walls; and
B)
A
floor.
The floor must cover the entire
area within the dike,
berm,
or retaining
wall; or
C)
An equivalent secondary containment system.
2)
The entire containment system, including walls and
floor, must be sufficiently impervious to used oil
to prevent any used oil released into the
containment system from migrating out of the
system to the soil,
groundwater, or surface water.
f)
Labels.
1)
Containers
and
aboveground
tanks
used
to
store
used oil
at burner facilities must be labeled or
marked
c~.early
with
the
words
“Used
Oil.”
2)
Fill pipes used to transfer used oil into
underground storage tanks at burner facilities
must be labeled or marked clearly with the words
“Used Oil.”
g)
Response to releases.
Upon detection of a release of
161
used oil to the environment not subject to the
requirements of 35 Ill.
Adin.
Code 731.Subpart F which
has occurred after the effective date of the authorized
used oil program for the State in which the release is
located, a burner mustshall perform the following
cleanup steps:
1)
Stop the release;
2)
Contain the released used oil;
3)
Clean up and manage properly the released used oil
and other materials; and
4)
If necessary, repair or replace any leaking used
oil storage containers or tanks prior to returning
them to service.
(Source:
Amended at
Ill.
Reg.
_________,
effective
_______________________________________________________)
Section
739.165
Tracking
a)
Acceptance.
Used oil burners muotshall keep a record
of each used oil shipment accepted for burning.
These
records may take the form of a log,
invoice, manifest,
bill
of lading, or other shipping documents.
Records
for
each
shipment
must
include
the
following
information:
1)
The name and address of the transporter
whethat
delivered
the
used
oil
to
the
burner;
2)
The name and address of the generator or processor
from whom the used oil was sent to the burner;
3)
The U.S. EPA identification number and Illinois
special
waste
identification
number
of the
transporter
whethat
delivered the used oil to the
burner;
4)
The U.S. EPA identification number and Illinois
special waste identification number
(if
applicable)
of the generator or processor from
whom the used oil was sent to the burner;
5)
The quantity of used oil accepted; and
6)
The date of acceptance.
b)
Record retention.
The records described in subsection
(a)
of this Section must be maintained for at least
162
three years.
(Source:
Amended
at
Ill.
Reg.
_________,
effective
Subpart
H:
STANDARDS
FOR
USED
OIL
FUEL
MARKETERS
Section 739.170
Applicability
a)
Any
person wIiethat conducts either of the following
activities
is subject to the requirements of this
CcctionSub~art:
1)
Directs a shipment of off—specification used o
from their facility to a used oil burner; or
2)
First claims that used oil that is to be burne
for energy recovery meets the used oil fuel
specifications set forth in Section 739.111.
b)
The following persons are not marketers subject to this
Subpart:
1)
Used oil generators, and transporters whethat
transport used oil received only from generators,
unless the generator or transporter directs a
shipment of off-specification used oil from their
facility to a used oil burner.
However,
processors
whethat
burn some used oil fuel for
purposes of processing are considered to be
burning incidentally to processing.
Thus,
generators and transporters whothat direct
shipments of off—specification used oil to
processors whethat incidently burn used oil are
not marketers subject to this Subpart;
2)
Persons whethat direct shipments of on-
specification used oil and whethat are not the
first person’to claim the oil meets the used oil
fuel specifications of Section 739.111.
c)
Any person subject to the requirements of this Subpart
mustshall also comply with one of the following:
1)
Subpart C of this Part
—
Standards for Used Oil
Generators;
7)
Subpart
E
of
this
Part
—
Standards for Used Oil
Transporters
and
Transfer
Facilities;
3)
Subpart
F
of
this
Part
—
Standards for Used Oil
163
Processors and Re—refiners; or
4)
Subpart G of this Part
-
Standards for Used Oil
Burners
whethat
Burn Off-Specification Used Oil
for Energy Recovery.
(Source:
Amended at
Ill.
Reg.
_________,
effective
Section 739.171
Prohibitions
A used oil fuel marketer may initiate a shipment of off—
specification
used
oil
only
to
a
used
oil
burner
whethat:
a)
Has an U.S. EPA identification number and Illinois
special waste identification number; and
b)
Burns the used oil in an industrial furnace or boiler
identified in Section 739.161(a).
(Source:
Amended at
Ill. Reg.
________,
effective
Section 739.172
On-specification used oil fuel
a)
Analysis of used oil fuel.
A generator, transporter,
processor, or burner may determine that used oil that
is to be burned for energy recovery meets the fuel
specifications of Section 739.111 by performing
analyses or obtaining copies of analyses or other
information documenting that the used oil fuel meets
the specifications.
Cuch used oil that is to be burncd
for cncr,v.r recovery is not
i~iir
1r’~r~
~p
further
reguiation under this P~-t.
b)
Record retention.
A generator, transporter, processor,
or burner whethat first claims that used oil that is to
be burned for energy recovery meets the specifications
for used oil fuel under this Part mustshall keep copies
of analyses of the used oil
(or other information used
to make the determination) for three years.
(Source:
Amended at
_____
Ill.
Reg.
_________,
effective
_______________________________________________________ )
Section 739.173
Notification
a)
A used oil fuel marketer subject to the requirements of
this Ceotion whothat has not previously complied
with
the
notification~
U.S. EPA
of its used oil fuel
marketing activities shall notify U.S. EPA to identify
those used oil fuel marketing activites.
Even if a
164
used oil fuel marketer has previously notified U.S. EPA
of hazardous waste management activjti~sunder
requirements of
RCRA
Section 3010 ~
obtained a U.S.
EPA
identification
number,
the
used
oil
fuel
marketer
mustshall comply with those rcquiromcnts~g~otify
U.S.
EPA to identify its used oil fuel marketing activities
an4 A used oil fuel marketer shall obtain an Illinois
special waste identification
number.
b)
A used oil marketer
whethat
has not received an U.S.
EPA identification
number
may obtain one by notifying
the Regional Administrator of thcirjj~used oil
activity by submitting either:
1)
A
completed EPA Form 8700-12; or
2)
A
letter requesting an
EPA
identification
number.
The letter should include the following
information:
A)
MT~e~arketer
company name;
B)
9~g~wner
of the marketer;
C)
I4~~ailingaddress for the marketer;
D)
NThe name and telephone
number
for the
marketer point of contact; and
E)
The_type of used oil activity (i.e.,
generator directing shipments of off-
specification used oil
to a
burner).
ci
A used oil burner that has not previously obtained an
lUinQis
~p~g~ia ~
number may obtain
one by~pntactingthe Agency at the following address:
Division of Land Pollution Control. Illinois EPA, 2200
Churchill Road.
Sprinafield. Illinois
62706
(telephone:
217—782—6761).
(Source:
Amended at
)
Ill.
Reg.
.,
effective
Section 739.174
Tracking
a)
Off—specification used oil delivery.
Any
used oil
gcncratorused oil fuel marketer
whethat
directs a
shipment of off—specification used oil to a burner
mustshall keep a record of each shipment of used oil to
a used oil burner.
These records may take the form of
a
log,
invoice,
manifest, bill of lading or other
shipping documents.
Records for each shipment must
165
include the following information:
1)
The name and address of the transporter whethat
delivers
the
used
oil
to
the
burner;
2)
The name and address of the burner whethat will
receive the used oil;
3)
The U.S. EPA identification number and Illinois
special waste identification
number
of the
transporter whethat delivers the used oil to the
burner;
4)~
The
U.S.
EPA
identification number and Illinois
special waste identification number of the burner;
5)
The quantity of used oil shipped; and
6)
The date of shipment.
b)
On—specification used oil delivery.
A generator,
transporter, processor,
or burner
whethat
first
claims
that used oil that is to be burned for energy recovery
meets the fuel specifications under Section 739.111
mustshall keep a record of each shipment of used oil to
an on—specification used oil burner.
Records for each
shipment must include the following information:
1)
The name and address of the facility receiving the
shipment;
2)
The quantity of used oil fuel delivered;
3)
The date of shipment or delivery; and
4)
A cross—reference to the record of used oil
analysis or other information used to make the
determination that the oil meets the specification
as required under Section 739.172(a).
C)
Record retention.
The records described in subsections
(a) and
(b) above must be maintained for at least three
years.
(Source:
Amended
at
_____
Ill.
Reg.
_________,
effective
)
