00-013rr0302…

ILLINOIS POLLUTION CONTROL BOARD

March 2, 2000

IN THE MATTER OF:

)

RCRA SUBTITLE C UPDATE, USEPA

)

R00-13

AMENDMENTS (July 1, 1999, through

)

(Identical-in-Substance

December 31, 1999)

)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by E.Z. Kezelis):

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

5/7.2 and 22.4(a) (1998)), the Board proposes amendments to the Illinois regulations that are

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

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

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

et seq

(1998)). The nominal timeframe of this docket includes federal RCRA Subtitle C amendments

that USEPA adopted in the period July 1, 1999, through December 31, 1999.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in

substance to federal regulations that USEPA adopts to implement Sections 3001 through 3005

of RCRA (42 U.S.C. §§ 6921-6925 (1998)). Section 22.4(a) also provides that Title VII of the

Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 and 5-40

(1998)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal

RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273,

and 279.

This proposed order is supported by a proposed opinion that the Board also adopts

today. The Board will cause the proposed amendments to be published in the

Illinois Register

and will receive public comments for 45 days after the date of publication.

IT IS SO ORDERED.

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

that the above order was adopted on the 2nd day of March 2000 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART A: GENERAL PROVISIONS

Section

703.100

Scope and Relation to Other Parts

703.101

Purpose

703.110

References

SUBPART B: PROHIBITIONS

Section

703.120

Prohibitions in General

703.121

RCRA Permits

703.122

Specific Inclusions in Permit Program

703.123

Specific Exclusions from Permit Program

703.124

Discharges of Hazardous Waste

703.125

Reapplications

703.126

Initial Applications

703.127

Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140

Purpose and Scope

703.141

Permits by Rule

703.150

Application by Existing HWM Facilities and Interim Status Qualifications

703.151

Application by New HWM Facilities

703.152

Amended Part A Application

703.153

Qualifying for Interim Status

703.154

Prohibitions During Interim Status

703.155

Changes During Interim Status

703.156

Interim Status Standards

703.157

Grounds for Termination of Interim Status

703.158

Permits for Less Than an Entire Facility

703.159

Closure by Removal

703.160

Procedures for Closure Determination

703.161

Enforceable Document for Post-Closure Care

SUBPART D: APPLICATIONS

Section

703.180

Applications in General

703.181

Contents of Part A

703.182

Contents of Part B

703.183

General Information

703.184

Facility Location Information

703.185

Groundwater Protection Information

703.186

Exposure Information

703.187

Solid Waste Management Units

703.188

Other Information

703.191

Public Participation: Pre-Application Public Notice and Meeting

703.192

Public Participation: Public Notice of Application

703.193

Public Participation: Information Repository

703.200

Specific Part B Application Information

703.201

Containers

703.202

Tank Systems

703.203

Surface Impoundments

703.204

Waste Piles

703.205

Incinerators that Burn Hazardous Waste

703.206

Land Treatment

703.207

Landfills

703.208

Boilers and Industrial Furnaces Burning Hazardous Waste

703.209

Miscellaneous Units

703.210

Process Vents

703.211

Equipment

703.212

Drip Pads

703.213

Air Emission Controls for Tanks, Surface Impoundments, and Containers

703.214

Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.221 Emergency Permits

703.220 Emergency Permits

703.221 Alternative Compliance with the Federal NESHAPS

703.222

Incinerator Conditions Prior to Trial Burn

703.223

Incinerator Conditions During Trial Burn

703.224

Incinerator Conditions After Trial Burn

703.225

Trial Burns for Existing Incinerators

703.230

Land Treatment Demonstration

703.231

Research, Development and Demonstration Permits

703.232

Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234

Remedial Action Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240

Permit Denial

703.241

Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

703.243

Monitoring

703.244

Notice of Planned Changes (Repealed)

703.245

Twenty-four Hour Reporting

703.246

Reporting Requirements

703.247

Anticipated Noncompliance

703.248

Information Repository

SUBPART G: CHANGES TO PERMITS

Section

703.260

Transfer

703.270

Modification

703.271

Causes for Modification

703.272

Causes for Modification or Reissuance

703.273

Facility Siting

703.280

Permit Modification at the Request of the Permittee

703.281

Class 1 Modifications

703.282

Class 2 Modifications

703.283

Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300

Why This Subpart Is Written in a Special Format

703.301

General Information

703.302

Applying for a RAP

703.303

Getting a RAP Approved

703.304

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

703.305

Operating Under A RAP

703.306

Obtaining a RAP for an Off-Site Location

703.Appendix A

Classification of Permit Modifications

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14289, effective October 12, 1983;

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

Reg. 11899, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January

2, 1986; amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended in R86-1

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

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

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

at 11 Ill. Reg. 19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584,

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

amended in R88-16 at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-1 at 13

Ill. Reg. 18477, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278,

effective April 16, 1990; amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990;

amended in R90-11 at 15 Ill. Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill.

Reg. 14554, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective

June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5774, effective March 26, 1993; amended in

R93-4 at 17 Ill. Reg. 20794, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg.

6898, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12392, effective July 29,

1994; amended in R94-5 at 18 Ill. Reg. 18316, effective December 20, 1994; amended in R95-

6 at 19 Ill. Reg. 9920, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11225,

effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 553, effective

December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7632, effective April 15, 1998;

amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective September 28, 1998;

amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19, 1999; amended in

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

________, effective ______________________.

SUBPART B: PROHIBITIONS

Section 703.123

Specific Exclusions from Permit Program

The following persons are among those who that are not required to obtain a RCRA permit:

Generators who that accumulate hazardous waste on-site for less than the time

periods provided in 35 Ill. Adm. Code 722.134;

Farmers who that dispose of hazardous waste pesticides from their own use as

provided in 35 Ill. Adm. Code 722.170;

Persons who that own or operate facilities solely for the treatment, storage or

disposal of hazardous waste excluded from regulations under this Part by 35 Ill.

Adm. Code 721.104 or 721.105 (small generator exemption);

Owners or operators of totally enclosed treatment facilities as defined in 35 Ill.

Adm. Code 720.110;

Owners and operators of elementary neutralization units or wastewater treatment

units as defined in 35 Ill. Adm. Code 720.110;

Transporters storing manifested shipments of hazardous waste in containers

meeting the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for

a period of ten days or less;

Persons adding absorbent material to waste in a container (as defined in 35 Ill.

Adm. Code 720.110) and persons adding waste to absorbent material in a

container, provided that these actions occur at the time waste is first placed in the

container; and 35 Ill. Adm. Code 724.117(b), 724.271 and 724.272 are

complied with; and

A universal waste handler or universal waste transporter (as defined in 35 Ill.

Adm. Code 720.110) that manages the wastes listed below. Such a handler or

transporter is subject to regulation under 35 Ill. Adm. Code 733.

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

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

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

Mercury-containing lampsLamps, as described in 35 Ill. Adm. Code

733.107 733.105.

BOARD NOTE: Derived from 40 CFR 270.1(c)(2) (1996) (1999), as amended at 64 Fed.

Reg. 36488 (July 6, 1999). Subsection (h)(4) of this Section was added pursuant to Section

22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19, 1997).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.161

Enforceable Document for Post-Closure Care

An owner or operator may obtain an enforceable document containing alternative

requirements for post-closure care that imposes the requirements of 35 Ill. Adm.

Code 725.221. “Enforceable document containing alternative requirements” or

“other enforceable document,” as used in this Part and in 35 Ill. Adm. Code 724

and 725, means an order of the Board, an Agency-approved plan, or an order of

a court of competent jurisdiction that meets the requirements of subsection (b) of

this Section. An “enforceable document containing alternative requirements” or

“other enforceable document,” may also mean an order of USEPA (such as

pursuant to section 3008(h) of RCRA, 42 USC 6928(h), or under section 106 of

the federal Comprehensive Environmental Response, Compensation and Liability

Act, 42 USC 9606).

BOARD NOTE: Derived from 40 CFR 270.1(c)(7), as added at 63 Fed. Reg.

56735 (Oct. 22, 1998) (1999).

Any alternative requirements issued under this Section or established to satisfy

the requirements of 35 Ill. Adm. Code 724.190(f), 724.210(c), 724.240(d),

725.190(f), 725.210(c), or 725.240(d) shall be embodied in a document that is

enforceable and subject to appropriate compliance orders and civil penalties

under Titles VIII and XII of the Act.

BOARD NOTE: Derived from 40 CFR 271.16(e), as added at 63 Fed. Reg.

56735 (Oct. 22, 1998) (1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART D: APPLICATIONS

Section 703.183

General Information

The following information is required in the Part B application for all HWM facilities, except as

35 Ill. Adm. Code 724.101 provides otherwise:

A general description of the facility;

Chemical and physical analyses of the hazardous wastes and hazardous debris to

be handled at the facility. At a minimum, these analyses must contain all the

information which must be known to treat, store, or dispose of the wastes

properly in accordance with 35 Ill. Adm. Code 724;

A copy of the waste analysis plan required by 35 Ill. Adm. Code 724.113(b)

and, if applicable, 35 Ill. Adm. Code 724.113(c);

A description of the security procedures and equipment required by 35 Ill. Adm.

Code 724.114, or a justification demonstrating the reasons for requesting a

waiver of this requirement;

A copy of the general inspection schedule required by 35 Ill. Adm. Code

724.115(b). Include where applicable, as part of the inspection schedule,

specific requirements in 35 Ill. Adm. Code 724.274, 724.293(i), 724.295,

724.326, 724.354, 724.373, 724.403, 724.702, 724.933, 724.952, 724.953,

724.958, 724.984, 724.985, 724.986, and 724.988;

A justification of any request for a waiver of the preparedness and prevention

requirements of 35 Ill. Adm. Code 724.Subpart C;

A copy of the contingency plan required by 35 Ill. Adm. Code 724.Subpart D;

BOARD NOTE: Include, where applicable, as part of the contingency plan,

specific requirements in 35 Ill. Adm. Code 724.200 and 724.327.

Corresponding 40 CFR 270.14(b)(7) refers to the requirements of 40 CFR

264.255 (corresponding with 35 Ill. Adm. Code 724.355), marked “reserved”

by USEPA.

A description of procedures, structures, or equipment used at the facility to:

Prevent hazards in unloading operations (for example, ramps, or special

forklifts);

Prevent runoff from hazardous waste handling areas to other areas of the

facility or environment, or to prevent flooding (for example, berms,

dikes, or trenches);

Prevent contamination of water supplies;

Mitigate effects of equipment failure and power outages;

Prevent undue exposure of personnel to hazardous waste (for example,

protective clothing); and

Prevent releases to the atmosphere;

A description of precautions to prevent accidental ignition or reaction of

ignitable, reactive, or incompatible wastes, as required to demonstrate

compliance with 35 Ill. Adm. Code 724.117, including documentation

demonstrating compliance with 35 Ill. Adm. Code 724.117(c);

Traffic A description of the area traffic pattern, the estimated traffic volume

(number and types of vehicles), and area traffic control (for example, show turns

across traffic lanes and stacking lanes, if appropriate); describe a description of

access road surfacing and load bearing capacity; and show an indication of traffic

control signals;

Facility location information, as required by Section 703.184;

An outline of both the introductory and continuing training programs by the

owner or operator to prepare persons to operate or maintain the HWM facility in

a safe manner, as required to demonstrate compliance with 35 Ill. Adm. Code

724.116. A brief description of how training will be designed to meet actual job

tasks in accordance with requirements in 35 Ill. Adm. Code 724.116(a)(3);

A copy of the closure plan and, where applicable, the post-closure plan required

by 35 Ill. Adm. Code 724.212, 724.218, and 724.297. Include where

applicable, as part of the plans, specific requirements in 35 Ill. Adm. Code

724.278, 724.297, 724.328, 724.358, 724.380, 724.410, 724.451, 724.701, and

724.703;

For hazardous waste disposal units that have been closed, documentation that

notices required under 35 Ill. Adm. Code 724.219 have been filed;

The most recent closure cost estimate for the facility, prepared in accordance

with 35 Ill. Adm. Code 724.242, and a copy of the documentation required to

demonstrate financial assurance under 35 Ill. Adm. Code 724.243. For a new

facility, a copy of the required documentation may be submitted 60 days prior to

the initial receipt of hazardous wastes, if it is later than the submission of the Part

B permit application;

Where applicable, the most recent post-closure cost estimate for the facility,

prepared in accordance with 35 Ill. Adm. Code 724.244, plus a copy of the

documentation required to demonstrate financial assurance under 35 Ill. Adm.

Code 724.245. For a new facility, a copy of the required documentation may be

submitted 60 days prior to the initial receipt of hazardous wastes, if it is later

than the submission of the Part B permit application;

Where applicable, a copy of the insurance policy or other documentation which

comprises compliance with the requirements of 35 Ill. Adm. Code 724.247. For

a new facility, documentation showing the amount of insurance meeting the

specification of 35 Ill. Adm. Code 724.247(a) and, if applicable, 35 Ill. Adm.

Code 724.247(b) that the owner or operator plans to have in effect before initial

receipt of hazardous waste for treatment, storage, or disposal. A request for an

alternative level of required coverage for a new or existing facility may be

submitted as specified in 35 Ill. Adm. Code 724.247(c);

This subsection corresponds with 40 CFR 270.14(b)(18), pertaining to state

financial mechanisms that do not apply in Illinois. This statement maintains

structural parity with the federal regulations.

A topographic map showing a distance of 1000 feet around the facility at a scale

of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet).

Contours must be shown on the map. The contour interval must be sufficient to

clearly show the pattern of surface water flow in the vicinity of and from each

operational unit of the facility. For example, contours with an interval of 1.5

meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6

meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators

of HWM facilities located in mountainous areas shall use larger contour intervals

to adequately show topographic profiles of facilities. The map must clearly show

the following:

Map scale and date;

100-year floodplain area;

Surface waters including intermittent streams;

Surrounding land uses (e.g., residential, commercial, agricultural,

recreational, etc.);

A wind rose (i.e., prevailing windspeed and direction);

Orientation of the map (north arrow);

Legal boundaries of the HWM facility site;

Access control (e.g., fences, gates, etc.);

Injection and withdrawal wells both on-site and off-site;

10)

Buildings; treatment, storage, or disposal operations; or other structures

(e.g., recreation areas, runoff control systems, access and internal roads,

storm, sanitary and process sewage systems, loading and unloading areas,

fire control facilities, etc.);

11)

Barriers for drainage or flood control;

12)

Location of operational units within the HWM facility site, where

hazardous waste is (or will be) treated, stored, or disposed (include

equipment cleanup areas);

BOARD NOTE: For large HWM facilities, the Agency shall allow the

use of other scales on a case by case case-by-case basis.

Applicants shall submit such information as the Agency determines is necessary

for it to determine whether to issue a permit and what conditions to impose in

any permit issued;

For land disposal facilities, if a case-by-case extension has been approved under

35 Ill. Adm. Code 728.105 or if a petition has been approved under 35 Ill.

Adm. Code 728.106, a copy of the notice of approval of the extension or of

approval of the petition is required; and

A summary of the pre-application meeting, along with a list of attendees and

their addresses, and copies of any written comments or materials submitted at the

meeting, as required under 35 Ill. Adm. Code 703.191(c).

BOARD NOTE: Derived from 40 CFR 270.14(b) (1998) (1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 703.205

Incinerators that Burn Hazardous Waste

For facilities that incinerate hazardous waste, except as 35 Ill. Adm. Code 724.440 provides

and subsection (e) of this Section provide otherwise, the applicant must fulfill the requirements

of subsections (a), (b), or (c) below of this Section in completing the Part B application:

When seeking exemption under 35 Ill. Adm. Code 724.440(b) or (c) (ignitable,

corrosive, or reactive wastes only):

Documentation that the waste is listed as a hazardous waste in 35 Ill.

Adm. Code 721.Subpart D solely because it is ignitable (Hazard Code I),

corrosive (Hazard Code C), or both; or

Documentation that the waste is listed as a hazardous waste in 35 Ill.

Adm. Code 721.Subpart D solely because it is reactive (Hazard Code R)

for characteristics other than those listed in 35 Ill. Adm. Code

721.123(a)(4) and (a)(5) and will not be burned when other hazardous

wastes are present in the combustion zone; or

Documentation that the waste is a hazardous waste solely because it

possesses the characteristic of ignitability or corrosivity, or both, as

determined by the tests for characteristics of hazardous wastes under 35

Ill. Adm. Code 721.Subpart C; or

Documentation that the waste is a hazardous waste solely because it

possesses the reactivity characteristics listed in 35 Ill. Adm. Code

721.123(a)(1) through (a)(3) or (a)(6) through (a)(8) and that it will not be

burned when other hazardous wastes are present in the combustion zone;

Submit a trial burn plan or the results of a trial burn, including all required

determinations, in accordance with Section 703.222 et seq.; or

In lieu of a trial burn, the applicant may submit the following information:

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

Heat value of the waste in the form and composition in which it

will be burned;

Viscosity (if applicable) or description of physical form of the

waste;

An identification of any hazardous organic constituents listed in 35

Ill. Adm. Code 721.Appendix H that are present in the waste to

be burned, except that the applicant need not analyze for

constituents listed in 35 Ill. Adm. Code 721.Appendix H that

would reasonably not be expected to be found in the waste. The

constituents excluded from analysis must be identified and the

basis for their exclusion stated. The waste analysis must rely on

analytical techniques specified in “Test Methods for the Evaluation

of Solid Waste, Physical/Chemical Methods”, U.S. EPA USEPA

Publication SW-846, as incorporated by reference at 35 Ill. Adm.

Code 720.111 and Section 703.110, or their equivalent;

An approximate quantification of the hazardous constituents

identified in the waste, within the precision produced by the

analytical methods specified in “Test Methods for the Evaluation

of Solid Waste, Physical/Chemical Methods”, U.S. EPA USEPA

Publication SW-846, as incorporated by reference at 35 Ill. Adm.

Code 720.111 and Section 703.110;

A quantification of those hazardous constituents in the waste that

may be designated as POHCs based on data submitted from other

trial or operational burns that demonstrate compliance with the

performance standard in 35 Ill. Adm. Code 724.443;

A detailed engineering description of the incinerator, including:

Manufacturer’s name and model number of incinerator;

Type of incinerator;

Linear dimension of incinerator unit including cross sectional area

of combustion chamber;

Description of auxiliary fuel system (type/feed);

Capacity of prime mover;

Description of automatic waste feed cutoff system(s) systems;

Stack gas monitoring and pollution control monitoring system;

Nozzle and burner design;

Construction materials;

Location and description of temperature, pressure and flow

indicating devices and control devices;

A description and analysis of the waste to be burned compared with the

waste for which data from operational or trial burns are provided to

support the contention that a trial burn is not needed. The data should

include those items listed in subsection (c)(1) above of this Section. This

analysis should specify the POHCs that the applicant has identified in the

waste for which a permit is sought, and any differences from the POHCs

in the waste for which burn data are provided;

The design and operating conditions of the incinerator unit to be used,

compared with that for which comparative burn data are available;

A description of the results submitted from any previously conducted trial

burn(s) burns including:

Sampling and analysis techniques used to calculate performance

standards in 35 Ill. Adm. Code 724.443;

Methods and results of monitoring temperatures, waste feed rates,

carbon monoxide and an appropriate indicator of combustion gas

velocity (including a statement concerning the precision and

accuracy of this measurement);

The certification and results required by subsection (b) above of

this Section;

The expected incinerator operation information to demonstrate compliance

with 35 Ill. Adm. Code 724.443 and 724.445 including:

Expected carbon monoxide (CO) level in the stack exhaust gas;

Waste feed rate;

Combustion zone temperature;

Indication of combustion gas velocity;

Expected stack gas volume, flow rate, and temperature;

Computed residence time for waste in the combustion zone;

Expected hydrochloric acid removal efficiency;

Expected fugitive emissions and their control procedures;

Proposed waste feed cut-off limits based on the identified

significant operating parameters;

The Agency may, pursuant to 35 Ill. Adm. Code 705.122, request such

additional information as may be necessary for the Agency to determine

whether the incinerator meets the requirements of 35 Ill. Adm. Code

724.Subpart 0 and what conditions are required by that Subpart and

Section 39(d) of the Environmental Protection Act;

Waste analysis data, including that submitted in subsection (c)(1) above of

this Section, sufficient to allow the Agency to specify as permit Principal

Organic Hazardous Constituents (permit POHCs) those constituents for

which destruction and removal efficiencies will be required;

The Agency shall approve a permit application without a trial burn if it finds

that:

The wastes are sufficiently similar; and

The incinerator units are sufficiently similar, and the data from other trial

burns are adequate to specify (under 35 Ill. Adm. Code 724.445)

operating conditions that will ensure that the performance standards in 35

Ill. Adm. Code 724.443 will be met by the incinerator.

e) When an owner or operator demonstrates compliance with the air emission

standards and limitations of the federal National Emission Standards for

Hazardous Air Pollutants (NESHAPs) in 40 CFR 63, subpart EEE, incorporated

by reference in 35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive

performance test and submitting a Notification of Compliance), the requirements

of this Section do not apply. Nevertheless, the Agency may apply the provisions

of this Section, on a case-by-case basis, for purposes of information collection in

accordance with Sections 703.188 and 703.241(a)(2).

BOARD NOTE: Derived from 40 CFR 270.19 (1992) (1999), as amended at 58 64 Fed. Reg.

46051 (Aug. 31, 1993) 53076 (September 30, 1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 703.208

Boilers and Industrial Furnaces Burning Hazardous Waste

When an owner or operator of a cement or lightweight aggregate kiln demonstrates compliance

with the air emission standards and limitations of the federal National Emission Standards for

Hazardous Air Pollutants (NESHAPs) in 40 CFR part 63, subpart EEE, incorporated by

reference in 35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive performance test

and submitting a Notification of Compliance), the requirements of this Section do not apply.

Nevertheless, the Agency may apply the provisions of this section, on a case-by-case basis, for

purposes of information collection in accordance with Sections 703.188 and 703.241(a)(2).

Trial burns.

General. Except as provided below, owners and operators that are

subject to the standards to control organic emissions provided by 35 Ill.

Adm. Code 726.204, standards to control particulate matter provided by

35 Ill. Adm. Code 726.205, standards to control metals emissions

provided by 35 Ill. Adm. Code 726.206, or standards to control

hydrogen chloride (HCl) or chlorine gas emissions provided by 35 Ill.

Adm. Code 726.207 shall conduct a trial burn to demonstrate

conformance with those standards and shall submit a trial burn plan or the

results of a trial burn, including all required determinations, in

accordance with Section 703.232.

Under subsection (a)(2) through (a)(5) below of this Section and

35 Ill. Adm. Code 726.204 through 726.207, the Agency may

waive a trial burn to demonstrate conformance with a particular

emission standard; and

The owner or operator may submit data in lieu of a trial burn, as

prescribed in subsection (a)(6) below of this Section.

Waiver of trial burn of DRE (destruction removal efficiency).

Boilers operated under special operating requirements. When

seeking to be permitted under 35 Ill. Adm. Code 726.204(a)(4)

and 726.210, which automatically waive the DRE trial burn, the

owner or operator of a boiler shall submit documentation that the

boiler operates under the special operating requirements provided

by 35 Ill. Adm. Code 726.210.

Boilers and industrial furnaces burning low risk waste. When

seeking to be permitted under the provisions for low risk waste

provided by 35 Ill. Adm. Code 726.204(a)(5) and 726.209(a),

which waive the DRE trial burn, the owner or operator shall

submit:

Documentation that the device is operated in conformance

with the requirements of 35 Ill. Adm. Code 726.209(a)(1).

ii)

Results of analyses of each waste to be burned,

documenting the concentrations of nonmetal compounds

listed in 35 Ill. Adm. Code 721.Appendix H, except for

those constituents that would reasonably not be expected to

be in the waste. The constituents excluded from analysis

must be identified and the basis for their exclusion

explained. The analysis must rely on analytical techniques

specified in Test Methods for the Evaluation of Solid

Waste, Physical/Chemical Methods, (incorporated by

reference, see in 35 Ill. Adm. Code 720.111).

iii)

Documentation of hazardous waste firing rates and

calculations of reasonable, worst-case emission rates of

each constituent identified in subsection (a)(2)(B)(ii) above

of this Section using procedures provided by 35 Ill. Adm.

Code 726.209(a)(2)(B).

iv)

Results of emissions dispersion modeling for emissions

identified in subsection (a)(2)(B)(iii) above of this Section

using modeling procedures prescribed by 35 Ill. Adm.

Code 726.206(h). The Agency shall review the emission

modeling conducted by the applicant to determine

conformance with these procedures. The Agency shall

either approve the modeling or determine that alternate or

supplementary modeling is appropriate.

Documentation that the maximum annual average ground

level concentration of each constituent identified in

subsection (a)(2)(B)(ii) above of this Section quantified in

conformance with subsection (a)(2)(B)(iv) above of this

Section does not exceed the allowable ambient level

established in 35 Ill. Adm. Code 726.Appendix D or E.

The acceptable ambient concentration for emitted

constituents for which a specific reference air

concentration has not been established in 35 Ill. Adm.

Code 726.Appendix D or risk-specific does doses has not

been established in 35 Ill. Adm. Code 726.Appendix E is

0.1 micrograms per cubic meter, as noted in the footnote

to 35 Ill. Adm. Code 726.Appendix D.

Waiver of trial burn for metals. When seeking to be permitted under the

Tier I (or adjusted Tier I) metals feed rate screening limits provided by 35

Ill. Adm. Code 726.206(b) and (e) that control metals emissions without

requiring a trial burn, the owner or operator shall submit:

Documentation of the feed rate of hazardous waste, other fuels,

and industrial furnace feed stocks;

Documentation of the concentration of each metal controlled by 35

Ill. Adm. Code 726.206(b) or (c) in the hazardous waste, other

fuels and industrial furnace feedstocks, and calculations of the total

feed rate of each metal;

Documentation of how the applicant will ensure that the Tier I

feed rate screening limits provided by 35 Ill. Adm. Code

726.206(b) or (e) will not be exceeded during the averaging

period provided by that subsection;

Documentation to support the determination of the TESH (terrain-

adjusted effective stack height), good engineering practice stack

height, terrain type, and land use as provided by 35 Ill. Adm.

Code 726.206(b)(3) through (5);

Documentation of compliance with the provisions of 35 Ill. Adm.

Code 726.206(b)(6), if applicable, for facilities with multiple

stacks;

Documentation that the facility does not fail the criteria provided

by 35 Ill. Adm. Code 726.206(b)(7) for eligibility to comply with

the screening limits; and

Proposed sampling and metals analysis plan for the hazardous

waste, other fuels, and industrial furnace feed stocks.

Waiver of trial burn for PM (particulate matter). When seeking to be

permitted under the low risk waste provisions of 35 Ill. Adm. Code

726.209(b), which waives the particulate standard (and trial burn to

demonstrate conformance with the particulate standard), applicants shall

submit documentation supporting conformance with subsections (a)(2)(B)

and (a)(3) above of this Section.

Waiver of trial burn for HCl and chlorine gas. When seeking to be

permitted under the Tier I (or adjusted Tier I) feed rate screening limits

for total chlorine and chloride provided by 35 Ill. Adm. Code

726.207(b)(1) and (e) that control emissions by HCl and chlorine gas

without requiring a trial burn, the owner or operator shall submit:

Documentation of the feed rate of hazardous waste, other fuels,

and industrial furnace feed stocks;

Documentation of the levels of total chlorine and chloride in the

hazardous waste, other fuels and industrial furnace feedstocks,

and calculations of the total feed rate of total chlorine and

chloride;

Documentation of how the applicant will ensure that the Tier I (or

adjusted Tier I) feed rate screening limits provided by 35 Ill.

Adm. Code 726.207(b)(1) or (e) will not be exceeded during the

averaging period provided by that subsection;

Documentation to support the determination of the TESH, good

engineering practice stack height, terrain type and land use as

provided by 35 Ill. Adm. Code 726.207(b)(3);

Documentation of compliance with the provisions of 35 Ill. Adm.

Code 726.207(b)(4), if applicable, for facilities with multiple

stacks;

Documentation that the facility does not fail the criteria provided

by 35 Ill. Adm. Code 726.207(b)(3) for eligibility to comply with

the screening limits; and

Proposed sampling and analysis plan for total chlorine and

chloride for the hazardous waste, other fuels, and industrial

furnace feedstocks.

Data in lieu of trial burn. The owner or operator may seek an exemption

from the trial burn requirements to demonstrate conformance with Section

703.232 and 35 Ill. Adm. Code 726.204 through 726.207 by providing

the information required by Section 703.232 from previous compliance

testing of the device in conformance with 35 Ill. Adm. Code 726.203 or

from compliance testing or trial or operational burns of similar boilers or

industrial furnaces burning similar hazardous wastes under similar

conditions. If data from a similar device is used to support a trial burn

waiver, the design and operating information required by Section

703.232 from previous compliance testing of the device in conformance

with 35 Ill. Adm. Code 726.203, or from compliance testing or trial or

operational burns of similar boilers or industrial furnaces burning similar

hazardous wastes under similar conditions. If data from a similar device

is used to support a trial burn waiver, the design and operating

information required by Section 703.232 must be provided for both the

similar device and the device to which the data is to be applied, and a

comparison of the design and operating information must be provided.

The Agency shall approve a permit application without a trial burn if the

Agency finds that the hazardous wastes are sufficiently similar, the

devices are sufficiently similar, the operating conditions are sufficiently

similar, and the data from other compliance tests, trial burns, or

operational burns are adequate to specify (under 35 Ill. Adm. Code

726.102) operating conditions that will ensure conformance with 35 Ill.

Adm. Code 726.102(c). In addition, the following information shall be

submitted:

For a waiver from any trial burn:

A description and analysis of the hazardous waste to be

burned compared with the hazardous waste for which data

from compliance testing or operational or trial burns are

provided to support the contention that a trial burn is not

needed;

ii)

The design and operating conditions of the boiler or

industrial furnace to be used, compared with that for

which comparative burn data are available; and

iii)

Such supplemental information as the Agency finds

necessary to achieve the purposes of this subsection.

For a waiver of the DRE trial burn, the basis for selection of

POHCs (principal organic hazardous constituents) used in the

other trial or operational burns which demonstrate compliance

with the DRE performance standard in 35 Ill. Adm. Code

726.204(a). This analysis should specify the constituents in 35 Ill.

Adm. Code 721.Appendix H that the applicant has identified in

the hazardous waste for which a permit is sought and any

differences from the POHCs in the hazardous waste for which

burn data are provided.

Alternative HC limit for industrial furnaces with organic matter in raw materials.

Owners and operators of industrial furnaces requesting an alternative HC limit

under 35 Ill. Adm. Code 726.204(f) shall submit the following information at a

minimum:

Documentation that the furnace is designed and operated to minimize HC

emissions from fuels and raw materials;

Documentation of the proposed baseline flue gas HC (and CO)

concentration, including data on HC (and CO) levels during tests when

the facility produced normal products under normal operating conditions

from normal raw materials while burning normal fuels and when not

burning hazardous waste;

Test burn protocol to confirm the baseline HC (and CO) level including

information on the type and flow rate of all feedstreams, point of

introduction of all feedstreams, total organic carbon content (or other

appropriate measure of organic content) of all nonfuel feedstreams, and

operating conditions that affect combustion of fuel(s) fuels and destruction

of hydrocarbon emissions from nonfuel sources;

Trial burn plan to:

Demonstrate that flue gas HC (and CO) concentrations when

burning hazardous waste do not exceed the baseline HC (and CO)

level; and

Identify, in conformance with Section 703.232(d), the types and

concentrations of organic compounds listed in 35 Ill. Adm. Code

721.Appendix H that are emitted when burning hazardous waste;

Implementation plan to monitor over time changes in the operation of the

facility that could reduce the baseline HC level and procedures to

periodically confirm the baseline HC level; and

Such other information as the Agency finds necessary to achieve the

purposes of this subsection.

Alternative metals implementation approach. When seeking to be permitted

under an alternative metals implementation approach under 35 Ill. Adm. Code

726.206(f), the owner or operator shall submit documentation specifying how the

approach ensures compliance with the metals emissions standards of 35 Ill. Adm.

Code 726.106(c) or (d) and how the approach can be effectively implemented

and monitored. Further, the owner or operator shall provide such other

information that the Agency finds necessary to achieve the purposes of this

subsection.

Automatic waste feed cutoff system. Owners and operators shall submit

information describing the automatic waste feed cutoff system, including any pre-

alarm systems that may be used.

Direct transfer. Owners and operators that use direct transfer operations to feed

hazardous waste from transport vehicles (containers, as defined in 35 Ill. Adm.

Code 726.211) directly to the boiler or industrial furnace shall submit

information supporting conformance with the standards for direct transfer

provided by 35 Ill. Adm. Code 726.211.

Residues. Owners and operators that claim that their residues are excluded from

regulation under the provisions of 35 Ill. Adm. Code 726.212 shall submit

information adequate to demonstrate conformance with those provisions.

BOARD NOTE: Derived from 40 CFR 270.22 (1992) (1999), as amended at 64 Fed. Reg.

53077 (September 30, 1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART E: SHORT TERM AND PHASED PERMITS

Section 703.221 Emergency Permits

Section 703.220 Emergency Permits

Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 702 or

705, in the event that the Agency finds an imminent and substantial

endangerment to human health or the environment the Agency may issue a

temporary emergency permit:

To a non-permitted facility to allow treatment, storage or disposal of

hazardous waste; or

To a permitted facility to allow treatment, storage or disposal of a

hazardous waste not covered by an effective permit.

This emergency permit must comply with all of the following requirements:

May be oral or written. If oral, it must be followed in five days by a

written emergency permit;.

Shall not exceed 90 days in duration;.

Shall clearly specify the hazardous wastes to be received and the manner

and location of their treatment, storage or disposal;.

May be terminated by the Agency at any time without process if it

determines that termination is appropriate to protect human health and the

environment;.

Shall be accompanied by a public notice published under 35 Ill. Adm.

Code 705.162 including:

Name and address of the office granting the emergency

authorization;

Name and location of the permitted HWM facility;

A brief description of the wastes involved;

A brief description of the action authorized and reasons for

authorizing it; and

Duration of the emergency permit; and.

Shall incorporate, to the extent possible and not inconsistent with the

emergency situation, all applicable requirements of this Part and 35 Ill.

Adm. Code 724.

Emergency permits which that would authorize actions not in compliance

with Board rules, other than procedural requirements, require a variance

or provisional variance pursuant to Title IX of the Environmental

Protection Act and 35 Ill. Adm. Code 104.

BOARD NOTE: Derived from 40 CFR 270.61 (1996) (1999).

(Source: Former Section 703.221 renumbered and amended at 24 Ill. Reg. ________, effective

______________________)

Secction 703.221 Alternative Compliance with the Federal NESHAPS

When an owner or operator demonstrates compliance with the air emission standards and

limitations of the federal National Emission Standards for Hazardous Air Pollutants (NESHAPs)

in 40 CFR part 63, subpart EEE, incorporated by reference in 35 Ill. Adm. Code 720.111

(i.e., by conducting a comprehensive performance test and submitting a Notification of

Compliance), the requirements of Sections 703.221 through 703.225 do not apply.

Nevertheless, the Agency may apply the provisions of Sections 703.221 through 703.225, on a

case-by-case basis, for purposes of information collection in accordance with Sections 703.188

and 703.241(a)(2).

BOARD NOTE: Derived from 40 CFR 270.62 preamble (1999), as added at 64 Fed. Reg.

53077 (September 30, 1999).

(Source: Added at 24 Ill. Reg. ________, effective ______________________)

Section 703.232

Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

When an owner or operator of a cement or lightweight aggregate kiln demonstrates compliance

with the air emission standards and limitations in of the federal National Emission Standards for

Hazardous Air Pollutants (NESHAPs) of in 40 CFR part 63, subpart EEE, incorporated by

reference in 35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive performance test

and submitting a Notification of Compliance), the requirements of this Section do not apply.

Nevertheless, the Agency may apply the provisions of this Section, on a case-by-case basis, for

purposes of information collection in accordance with Sections 703.188 and 703.241(a)(2).

General. Owners and operators of new boilers and industrial furnaces (those not

operating under the interim status standards of 35 Ill. Adm. Code 726.203) are

subject to subsections (b) through (f) of this Section. Boilers and industrial

furnaces operating under the interim status standards of 35 Ill. Adm. Code

726.203 are subject to subsection (g) of this Section.

Permit operating periods for new boilers and industrial furnaces. A permit for a

new boiler or industrial furnace must specify appropriate conditions for the

following operating periods:

Pretrial burn period. For the period beginning with initial introduction of

hazardous waste and ending with initiation of the trial burn, and only for

the minimum time required to bring the boiler or industrial furnace to a

point of operation readiness to conduct a trial burn, not to exceed 720

hours operating time when burning hazardous waste, the Agency shall

establish permit conditions in the Pretrial Burn Period pretrial burn

period, including but not limited to allowable hazardous waste feed rates

and operating conditions. The Agency shall extend the duration of this

operational period once, for up to 720 additional hours, at the request of

the applicant when good cause is shown. The permit most be modified to

reflect the extension according to Section 703.280 et seq.

Applicants must submit a statement, with Part B of the permit

application, that suggests the conditions necessary to operate in

compliance with the standards of 35 Ill. Adm. Code 726.204

through 726.207 during this period. This statement should

include, at a minimum, restrictions on the applicable operating

requirements identified in 35 Ill. Adm. Code 726.202 (e).

The Agency shall review this statement and any other relevant

information submitted with Part B of the permit application and

specify requirements for this period sufficient to meet the

performance standards of 35 Ill. Adm. Code 726.204 through

726.207 based on the Agency’s engineering judgment.

Trial burn period. For the duration of the trial burn, the Agency shall

establish conditions in the permit for the purposes of determining

feasibility of compliance with the performance standards of 35 Ill. Adm.

Code 726.204 through 726.207 and determining adequate operating

conditions under 35 Ill. Adm. Code 726.202(e). Applicants shall propose

a trial burn plan, prepared under subsection (c) of this Section, to be

submitted with Part B of the permit application.

Post-trial burn period.

For the period immediately following completion of the trial burn,

and only for the minimum period sufficient to allow sample

analysis, data computation and submission of the trial burn results

by the applicant, and review of the trial burn results and

modification of the facility permit by the Agency to reflect the trial

burn results, the Agency shall establish the operating requirements

most likely to ensure compliance with the performance standards

of 35 Ill. Adm. Code 726.204 through 726.207 based on the

Agency’s engineering judgment.

Applicants shall submit a statement, with Part B of the application,

that identifies the conditions necessary to operate during this

period in compliance with the performance standards of 35 Ill.

Adm. Code 726.204 through 726.207. This statement should

include, at a minimum, restrictions on the operating requirements

provided by 35 Ill. Adm. Code 726.202 (e).

The Agency shall review this statement and any other relevant

information submitted with Part B of the permit application and

specify requirements of this period sufficient to meet the

performance standards of 35 Ill. Adm. Code 726.204 through

726.207 based on the Agency’s engineering judgment.

Final permit period. For the final period of operation the Agency shall

develop operating requirements in conformance with 35 Ill. Adm. Code

726.202(e) that reflect conditions in the trial burn plan and are likely to

ensure compliance with the performance standards of 35 Ill. Adm. Code

726.204 through 726.207. Based on the trial burn results, the Agency

shall make any necessary modifications to the operating requirements to

ensure compliance with the performance standards. The permit

modification must proceed according to Section 703.280 et seq.

Requirements for trial burn plans. The trial burn plan must include the following

information. The Agency, in reviewing the trial burn plan, shall evaluate the

sufficiency of the information provided and may require the applicant to

supplement this information, if necessary, to achieve the purposes of this

subsection.

An analysis of each feed stream, including hazardous waste, other fuels,

and industrial furnace feed stocks, as fired, that includes:

Heating value, levels of antimony, arsenic, barium, beryllium,

cadmium, chromium, lead, mercury, silver, thallium, total

chlorine/chloride, and ash; and

Viscosity or description of the physical form of the feed stream.

An analysis of each hazardous waste, as fired, including:

An identification of any hazardous organic constituents listed in 35

Ill. Adm. Code 721.Appendix H that are present in the feed

stream, except that the applicant need not analyze for constituents

listed in 721.Appendix H that would reasonably not be expected

to be found in the hazardous waste. The constituents excluded

from analysis must be identified and the basis for this exclusion

explained. The analysis must be conducted in accordance with

analytical techniques specified in “Test Methods for the Evaluation

of Solid Waste, Physical/Chemical Methods”, USEPA Publication

SW-846, as incorporated by reference at 35 Ill. Adm. Code

720.111 and Section 703.110, or their equivalent.;

An approximate quantification of the hazardous constituents

identified in the hazardous waste, within the precision produced

by the analytical methods specified in “Test Methods for the

Evaluation of Solid Waste, Physical/Chemical Methods”, USEPA

Publication SW-846, as incorporated by reference at 35 Ill. Adm.

Code 720.111 and Section 703.110, or other equivalent.; and

A description of blending procedures, if applicable, prior to firing

the hazardous waste, including a detailed analysis of the hazardous

waste prior to blending, an analysis of the material with which the

hazardous waste is blended, and blending ratios.

A detailed engineering description of the boiler or industrial furnace,

including:

Manufacturer’s name and model number of the boiler or industrial

furnace;

Type of boiler or industrial furnace;

Maximum design capacity in appropriate units;

Description of the feed system for the hazardous waste and, as

appropriate, other fuels and industrial furnace feedstocks;

Capacity of hazardous waste feed system;

Description of automatic hazardous waste feed cutoff system(s)

systems;

Description of any pollution control system; and

Description of stack gas monitoring and any pollution control

monitoring systems.

A detailed description of sampling and monitoring procedures including

sampling and monitoring locations in the system, the equipment to be

used, sampling and monitoring frequency, and sample analysis.

A detailed test schedule for each hazardous waste for which the trial burn

is planned, including date(s) dates, duration, quantity of hazardous waste

to be burned, and other factors relevant to the Agency’s decision under

subsection (b)(2) of this Section.

A detailed test protocol, including, for each hazardous waste identified,

the ranges of hazardous waste feed rate, and, as appropriate, the feed

rates of other fuels and industrial furnace feedstocks, and any other

relevant parameters that may affect the ability of the boiler or industrial

furnace to meet the performance standards in 35 Ill. Adm. Code 726.204

through 726.207.

A description of and planned operating conditions for any emission

control equipment that will be used.

Procedures for rapidly stopping the hazardous waste feed and controlling

emissions in the event of an equipment malfunction.

Such other information as the Agency finds necessary to determine

whether to approve the trial burn plan in light of the purposes of this

subsection and the criteria in subsection (b)(2) of this Section.

Trial burn procedures.

A trial burn must be conducted to demonstrate conformance with the

standards of 35 Ill. Adm. Code 726.104 through 726.107.

The Agency shall approve a trial burn plan if the Agency finds that:

The trial burn is likely to determine whether the boiler or

industrial furnace can meet the performance standards of 35 Ill.

Adm. Code 726.104 through 726.107;

The trial burn itself will not present an imminent hazard to human

health and the environment;

The trial burn will help the Agency to determine operating

requirements to be specified under 35 Ill. Adm. Code 726.102(e);

and

The information sought in the trial burn cannot reasonably be

developed through other means.

The Agency shall send a notice to all persons on the facility mailing list,

as set forth in 35 Ill. Adm. Code 705.161(a), and to the appropriate units

of State and local government, as set forth in 35 Ill. Adm. Code

705.163(a)(5), announcing the scheduled commencement and completion

dates for the trial burn. The applicant may not commence the trial burn

until after the Agency has issued such notice.

This notice must be mailed within a reasonable time period before

the trial burn. An additional notice is not required if the trial burn

is delayed due to circumstances beyond the control of the facility

or the Agency.

This notice must contain:

The name and telephone number of applicant’s contact

person;

ii)

The name and telephone number of the Agency regional

office appropriate for the facility;

iii)

The location where the approved trial burn plan and any

supporting documents can be reviewed and copied; and

iv)

An expected time period for commencement and

completion of the trial burn.

The applicant shall submit to the Agency a certification that the trial burn

has been carried out in accordance with the approved trial burn plan, and

submit the results of all the determinations required in subsection (c) of

this Section. The Agency shall, in the trial burn plan, require that the

submission be made within 90 days after completion of the trial burn, or

later if the Agency determines that a later date is acceptable.

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

following completion of the trial burn.

All submissions required by this subsection must be certified on behalf of

the applicant by the signature of a person authorized to sign a permit

application or a report under 35 Ill. Adm. Code 702.126.

Special procedures for DRE trial burns. When a DRE trial burn is required

under 35 Ill. Adm. Code 726.104, the Agency shall specify (based on the

hazardous waste analysis data and other information in the trial burn plan) as trial

Principal Organic Hazardous Constituents (POHCs) those compounds for which

destruction and removal efficiencies must be calculated during the trial burn.

These trial POHCs will be specified by the Agency based on information

including the Agency’s estimate of the difficulty of destroying the constituents

identified in the hazardous waste analysis, their concentrations or mass in the

hazardous waste feed, and, for hazardous waste containing or derived from

wastes listed in 35 Ill. Adm. Code 721.Subpart D, the hazardous waste organic

constituent(s) constituents identified in 35 Ill. Adm. Code 721.Appendix G as the

basis for listing.

Determinations based on trial burn. During each approved trial burn (or as soon

after the burn as is practicable), the applicant shall make the following

determinations:

A quantitative analysis of the levels of antimony, arsenic, barium,

beryllium, cadmium, chromium, lead, mercury, thallium, silver, and

chlorine/chloride in the feed streams (hazardous waste, other fuels, and

industrial furnace feedstocks);

When a DRE trial burn is required under 35 Ill. Adm. Code 726.204(a):

A quantitative analysis of the trial POHCs in the hazardous waste

feed;

A quantitative analysis of the stack gas for the concentration and

mass emissions of the trial POHCs; and

A computation of destruction and removal efficiency (DRE), in

accordance with the DRE formula specified in 35 Ill. Adm. Code

726.204(a);

When a trial burn for chlorinated dioxins and furans is required under 35

Ill. Adm. Code 726.204(e), a quantitative analysis of the stack gas for the

concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-

through octa-congeners of chlorinated dibenzo-p-dioxins and furans, and

a computation showing conformance with the emission standard;

When a trial burn for PM, metals, or HCl/Chlorine HCl and chlorine gas

is required under 35 Ill. Adm. Code 726.205, 726.206(c) or (d), or

726.207(b)(2) or (c), a quantitative analysis of the stack gas for the

concentrations and mass emissions of PM, metals, or HCl and chlorine

gas, and computations showing conformance with the applicable emission

performance standards;

When a trial burn for DRE, metals, and HCl/Chlorine HCl and chlorine

gas is required under 35 Ill. Adm. Code 726.204(a), 726.206(c) or (d),

or 726.207(b)(2) or (c), a quantitative analysis of the scrubber water (if

any), ash residues, other residues, and products for the purpose of

estimating the fate of the trial POHCs, metals, and chlorine/chloride

chlorine and chloride;

An identification of sources of fugitive emissions and their means of

control;

A continuous measurement of carbon monoxide (CO), oxygen, and,

where required, hydrocarbons (HC), in the stack gas; and

Such other information as the Agency specifies as necessary to ensure

that the trial burn will determine compliance with the performance

standards 35 Ill. Adm. Code 726.204 through 726.207 and to establish

the operating conditions required by 35 Ill. Adm. Code 726.204 through

726.207 and of determining adequate operating conditions under 35 Ill.

Adm. Code 726.203, and to establish the operating conditions required

by 35 Ill. Adm. Code 726.202(e) as necessary to meet those performance

standards.

Interim status boilers and industrial furnaces. For the purpose of determining

feasibility of compliance with the performance standards of 35 Ill. Adm. Code

726.204 through 726.207 and of determining adequate operating conditions

under 35 Ill. Adm. Code 726.203, applicants owning or operating existing

boilers or industrial furnaces operated under the interim status standards of 35 Ill.

Adm. Code 726.203 shall either prepare and submit a trial burn plan and

perform a trial burn in accordance with the requirements of the Section or submit

other information as specified in Section 703.208(a)(6). The Agency shall

announce its intention to approve of the trial burn plan in accordance with the

timing and distribution requirements of subsection (d)(3) of this Section. The

contents of the notice must include all of the following information: the name

and telephone number of a contact person at the facility; the name and telephone

number of the Agency regional office appropriate for the facility; the location

where the trial burn plan and any supporting documents can be reviewed and

copied; and a schedule of the activities that are required prior to permit issuance,

including the anticipated time schedule for agency approval of the plan and the

time periods during which the trial burn would be conducted. Applicants that

submit a trial burn plan and receive approval before submission of the Part B

permit application shall complete the trial burn and submit the results specified in

subsection (f) of this Section with the Part B permit application. If completion of

this process conflicts with the date set for submission of the Part B application,

the applicant shall contact the Agency to establish a later date for submission of

the Part B application or the trial burn results. If the applicant submits a trial

burn plan with Part B of the permit application, the trial burn must be conducted

and the results submitted within a time period prior to permit issuance to be

specified by the Agency.

BOARD NOTE: Derived from 40 CFR 270.66 (1996) (1999), as amended at 64 Fed. Reg.

53077 (September 30, 1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART H: REMEDIAL ACTION PLANS

Section 703.301

General Information

What is a RAP?

A RAP is a special form of RCRA permit that an owner or operator may

obtain, instead of a permit issued under 35 Ill. Adm. Code 702 and this

Part, to authorize the owner or operator to treat, store, or dispose of

hazardous remediation waste (as defined in 35 Ill. Adm. Code 720.110)

at a remediation waste management site. A RAP may only be issued for

the area of contamination where the remediation wastes to be managed

under the RAP originated, or areas in close proximity to the contaminated

area, except as allowed in limited circumstances under Section 703.306.

The requirements in 35 Ill. Adm. Code 702 and this Part do not apply to

RAPs unless those requirements for traditional RCRA permits are

specifically required under this Subpart H. The definitions in 35 Ill.

Adm. Code 702.110 apply to RAPs.

Notwithstanding any other provision of 35 Ill. Adm. Code 702 or this

Part, any document that meets the requirements in this Section constitutes

a RCRA permit, as defined in 35 Ill. Adm. Code 702.110.

A RAP may be either of the following:

A stand-alone document that includes only the information and

conditions required by this Subpart H; or

A part (or parts) of another document that includes information or

conditions for other activities at the remediation waste

management site, in addition to the information and conditions

required by this Subpart H.

If an owner or operator is treating, storing, or disposing of hazardous

remediation wastes as part of a cleanup compelled by authorities issued

by USEPA or the State of Illinois, a RAP does not affect the obligations

under those authorities in any way.

If an owner or operator receives a RAP at a facility operating under

interim status, the RAP does not terminate the facility’s interim status.

BOARD NOTE: Derived from 40 CFR 270.80, added at 63 Fed. Reg. 65942

(Nov. 30, 1998) (1999).

When does an owner or operator need a RAP?

Whenever an owner or operator treats, stores, or disposes of hazardous

remediation wastes in a manner that requires a RCRA permit under

Section 703.121, an owner or operator shall obtain either of the

following:

A RCRA permit according to 35 Ill. Adm. Code 702 and this

Part; or

A RAP according to this Subpart H.

Treatment units that use combustion of hazardous remediation wastes at a

remediation waste management site are not eligible for RAPs under this

Subpart H.

An owner or operator may obtain a RAP for managing hazardous

remediation waste at an already permitted RCRA facility. An owner or

operator shall have the RAP approved as a modification to the owner’s or

operator’s existing permit according to the requirements of Sections

703.270 through 703.273 or Sections 703.280 through 703.283 instead

of the requirements in this Subpart H. However, when an owner or

operator submits an application for such a modification, the information

requirements in Sections 703.281(a)(1), 703.282(a)(4), and 703.283(a)(4)

do not apply. Instead, an owner or operator shall submit the information

required under Section 703.302(d). When the owner’s or operator’s

RCRA permit is modified, the RAP becomes part of the RCRA permit.

Therefore, when the owner’s or operator’s RCRA permit (including the

RAP portion) is modified, revoked and reissued, or terminated, or when

it expires, the permit will be modified, according to the applicable

requirements in Sections 703.270 through 703.273 or 703.280 through

703.283;, it will be revoked and reissued, according to the applicable

requirements in 35 Ill. Adm. Code 702.186 and Sections 703.270

through 703.273;, or it will be terminated, according to the applicable

requirements in 35 Ill. Adm. Code 702.186, or the permit will expire,

according to the applicable requirements in 35 Ill. Adm. Code 702.125

and 702.161.

BOARD NOTE: Derived from 40 CFR 270.85, added at 63 Fed. Reg. 65942

(Nov. 30, 1998) (1999).

Does a RAP grant an owner or operator any rights or relieve it of any

obligations? The provisions of 35 Ill. Adm. Code 702.181 apply to RAPs.

BOARD NOTE: Derived from 40 CFR 270.90, added at 63 Fed. Reg. 65942

(Nov. 30, 1998) (1999). The corresponding federal provision includes an

explanation that 40 CFR 270.4 provides that compliance with a permit constitutes

compliance with RCRA. This is contrary to Illinois law, under which

compliance with a permit does not constitute an absolute defense to a charge of

violation of a substantive standard other than a failure to operate in accordance

with the terms of a permit. See 35 Ill. Adm. Code 702.181(a) and

accompanying Board Note.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 703.303

Getting a RAP Approved

What is the process for approving or denying an application for a RAP?

If the Agency tentatively finds that an owner’s or operator’s RAP

application includes all of the information required by Section 703.302(d)

and that the proposed remediation waste management activities meet the

regulatory standards, the Agency shall make a tentative decision to

approve the RAP application. The Agency shall then prepare a draft

RAP and provide an opportunity for public comment before making a

final decision on the RAP application, according to this Subpart H.

If the Agency tentatively finds that the owner’s or operator’s RAP

application does not include all of the information required by Section

703.302(d) or that the proposed remediation waste management activities

do not meet the regulatory standards, the Agency may request additional

information from an owner or operator or ask an owner or operator to

correct deficiencies in the owner’s or operator’s application. If an owner

or operator fails or refuses to provide any additional information the

Agency requests, or to correct any deficiencies in its RAP application,

the Agency may either make a tentative decision to deny that owner’s or

operator’s RAP application or to approve that application with certain

changes, as allowed under Section 39 of the Act [415 ILCS 5/39]. After

making this tentative decision, the Agency shall prepare a notice of intent

to deny the RAP application (“notice of intent to deny”) or to approve

that application with certain changes and provide an opportunity for

public comment before making a final decision on the RAP application,

according to the requirements in this Subpart H.

BOARD NOTE: Derived from 40 CFR 270.130, added at 63 Fed. Reg. 65943

(Nov. 30, 1998) (1999).

What must the Agency include in a draft RAP? If the Agency prepares a draft

RAP, the draft must include the following information:

The information required under Section 703.302(d)(1) through (d)(6);

The following terms and conditions:

Terms and conditions necessary to ensure that the operating

requirements specified in the RAP comply with applicable

requirements of 35 Ill. Adm. Code 724, 726, and 728 (including

any recordkeeping and reporting requirements). In satisfying this

provision, the Agency may incorporate, expressly or by

reference, applicable requirements of 35 Ill. Adm. Code 724,

726, and 728 into the RAP or establish site-specific conditions, as

required or allowed by 35 Ill. Adm. Code 724, 726, and 728;

The terms and conditions in Subpart F of this Part;

The terms and conditions for modifying, revoking and reissuing,

and terminating the RAP, as provided in Section 703.304(a); and

Any additional terms or conditions that the Agency determines are

necessary to protect human health and the environment, including

any terms and conditions necessary to respond to spills and leaks

during use of any units permitted under the RAP; and

If the draft RAP is part of another document, as described in Section

703.301(a)(4)(B), the Agency shall clearly identify the components of that

document that constitute the draft RAP.

BOARD NOTE: Derived from 40 CFR 270.135, added at 63 Fed. Reg. 65943

(Nov. 30, 1998) (1999).

What else must the Agency prepare in addition to the draft RAP or notice of

intent to deny? Once the Agency has prepared the draft RAP or notice of intent

to deny, it shall then do the following:

Prepare a statement of basis that briefly describes the derivation of the

conditions of the draft RAP and the reasons for them, or the rationale for

the notice of intent to deny;

Compile an administrative record, including the following information:

The RAP application, and any supporting data furnished by the

applicant;

The draft RAP or notice of intent to deny;

The statement of basis and all documents cited therein (material

readily available at the applicable Agency office or published

material that is generally available need not be physically included

with the rest of the record, as long as it is specifically referred to

in the statement of basis); and

Any other documents that support the decision to approve or deny

the RAP; and

Make information contained in the administrative record available for

review by the public upon request.

BOARD NOTE: Derived from 40 CFR 270.140, added at 63 Fed. Reg. 65943

(Nov. 30, 1998) (1999).

What are the procedures for public comment on the draft RAP or notice of intent

to deny?

The Agency shall publish notice of its intent as follows:

Send notice to an owner or operator of its intention to approve or

deny the owner’s or operator’s RAP application, and send an

owner or operator a copy of the statement of basis;

Publish a notice of its intention to approve or deny the owner’s or

operator’s RAP application in a major local newspaper of general

circulation;

Broadcast its intention to approve or deny the owner’s or

operator’s RAP application over a local radio station; and

Send a notice of its intention to approve or deny the owner’s or

operator’s RAP application to each unit of local government

having jurisdiction over the area in which the owner’s or

operator’s site is located, and to each State agency having any

authority under State law with respect to any construction or

operations at the site.

The notice required by subsection (d)(1) of this Section must provide an

opportunity for the public to submit written comments on the draft RAP

or notice of intent to deny within at least 45 days.

The notice required by subsection (d)(1) of this Section must include the

following information:

The name and address of the Agency office processing the RAP

application;

The name and address of the RAP applicant, and if different, the

remediation waste management site or activity the RAP will

regulate;

A brief description of the activity the RAP will regulate;

The name, address, and telephone number of a person from

whom interested persons may obtain further information,

including copies of the draft RAP or notice of intent to deny,

statement of basis, and the RAP application;

A brief description of the comment procedures in this Section, and

any other procedures by which the public may participate in the

RAP decision;

If a hearing is scheduled, the date, time, location, and purpose of

the hearing;

If a hearing is not scheduled, a statement of procedures to request

a hearing;

The location of the administrative record, and times when it will

be open for public inspection; and

Any additional information that the Agency considers necessary or

proper.

If, within the comment period, the Agency receives written notice of

opposition to its intention to approve or deny the owner’s or operator’s

RAP application and a request for a hearing, the Agency shall hold an

informal public hearing to discuss issues relating to the approval or denial

of the owner’s or operator’s RAP application. The Agency may also

determine on its own initiative that an informal hearing is appropriate.

The hearing must include an opportunity for any person to present

written or oral comments. Whenever possible, the Agency shall schedule

this hearing at a location convenient to the nearest population center to the

remediation waste management site and give notice according to the

requirements in subsection (d)(1) of this Section. This notice must, at a

minimum, include the information required by subsection (d)(3) of this

Section and the following additional information:

A reference to the date of any previous public notices relating to

the RAP application;

The date, time, and place of the hearing; and

A brief description of the nature and purpose of the hearing,

including the applicable rules and procedures.

BOARD NOTE: Derived from 40 CFR 270.145, added at 63 Fed. Reg. 65943

(Nov. 30, 1998) (1999).

How must the Agency make a final decision on a RAP application?

The Agency shall consider and respond to any significant comments

raised during the public comment period or during any hearing on the

draft RAP or notice of intent to deny, and the Agency may revise the

draft RAP based on those comments, as appropriate.

If the Agency determines that the owner’s or operator’s RAP includes the

information and terms and conditions required in subsection (b) of this

Section, then it will issue a final decision approving the owner’s or

operator’s RAP and, in writing, notify the owner or operator and all

commenters on the owner’s or operator’s draft RAP that the RAP

application has been approved.

If the Agency determines that the owner’s or operator’s RAP does not

include the information required in subsection (b) of this Section, then it

will issue a final decision denying the RAP and, in writing, notify the

owner or operator and all commenters on the owner’s or operator’s draft

RAP that the RAP application has been denied.

If the Agency’s final decision is that the tentative decision to deny the

RAP application was incorrect, it shall withdraw the notice of intent to

deny and proceed to prepare a draft RAP, according to the requirements

in this Subpart H.

When the Agency issues its final RAP decision, it shall refer to the

procedures for appealing the decision under subsection (f) of this Section.

Before issuing the final RAP decision, the Agency shall compile an

administrative record. Material readily available at the applicable Agency

office or published materials that are generally available and which are

included in the administrative record need not be physically included with

the rest of the record, as long as it is specifically referred to in the

statement of basis or the response to comments. The administrative

record for the final RAP must include information in the administrative

record for the draft RAP (see subsection (c)(2) of this Section) and the

following items:

All comments received during the public comment period;

Tapes or transcripts of any hearings;

Any written materials submitted at these hearings;

The responses to comments;

Any new material placed in the record since the draft RAP was

issued;

Any other documents supporting the RAP; and

A copy of the final RAP.

The Agency shall make information contained in the administrative record

available for review by the public upon request.

BOARD NOTE: Derived from 40 CFR 270.150, added at 63 Fed. Reg. 65944

(Nov. 30, 1998) (1999).

May the decision to approve or deny a RAP application be administratively

appealed?

Any commenter on the draft RAP or notice of intent to deny, or any

participant in any public hearing on the draft RAP, may appeal the

Agency’s decision to approve or deny the owner’s or operator’s RAP

application to the Board under 35 Ill. Adm. Code 705.212. Any person

that did not file comments, or did not participate in any public hearing(s)

hearings on the draft RAP, may petition for administrative review only to

the extent of the changes from the draft to the final RAP decision.

Appeals of RAPs may be made to the same extent as for final permit

decisions under 35 Ill. Adm. Code 705.201 (or a decision under Section

703.240 to deny a permit for the active life of a RCRA hazardous waste

management facility or unit). Instead of the notice required under 35 Ill.

Adm. Code 705.Subpart D and 705.212(c), the Agency shall give public

notice of any grant of review of a RAP through the same means used to

provide notice under subsection (d) of this Section. The notice will

include the following information:

The public hearing and any briefing schedule for the appeal, as

provided by the Board;

A statement that any interested person may participate in the

public hearing or file public comments or an amicus brief with the

Board; and

The information specified in subsection (d)(3) of this Section, as

appropriate.

This appeal is a prerequisite to seeking judicial review of these Agency

actions.

BOARD NOTE: Derived from 40 CFR 270.155, added at 63 Fed. Reg. 65944

(Nov. 30, 1998) (1999).

When does a RAP become effective? An A RAP becomes effective 35 days

after the Agency notifies the owner or operator and all commenters that the RAP

is approved, unless any of the following is true:

The Agency specifies a later effective date in its decision;

An owner or operator or another person has appealed the RAP under

subsection (f) of this Section (if the RAP is appealed, and the request for

review is granted under subsection (f), conditions of the RAP are stayed

according to 35 Ill. Adm. Code 705.202 through 705.204); or

No commenters requested a change in the draft RAP, in which case the

RAP becomes effective immediately when it is issued.

BOARD NOTE: Derived from 40 CFR 270.160, added at 63 Fed. Reg. 65944

(Nov. 30, 1998) (1999). The corresponding federal provision provides that a

RAP is effective 30 days after the Agency notice of approval. The Board has

used 35 days to be consistent with the 35 days within which a permit appeal must

be filed under Section 40(a)(1) of the Act [415 ILCS 5/40(a)(1)].

When may an owner or operator begin physical construction of new units

permitted under the RAP? An owner or operator shall not begin physical

construction of new units permitted under the RAP for treating, storing, or

disposing of hazardous remediation waste before receiving a finally final,

effective RAP.

BOARD NOTE: Derived from 40 CFR 270.165, added at 63 Fed. Reg. 65944

(Nov. 30, 1998) (1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 703.304

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

After a RAP is issued, how may it be modified, revoked and reissued, or

terminated? In a RAP, the Agency shall specify, either directly or by reference,

procedures for any future modification, revocation and reissuance, or termination

of the RAP. These procedures must provide adequate opportunities for public

review and comment on any modification, revocation and reissuance, or

termination that would significantly change the owner’s or operator’s

management of its remediation waste, or that otherwise merits public review and

comment. If the RAP has been incorporated into a traditional RCRA permit, as

allowed under Section 703.301(b)(3), then the RAP will be modified according

to the applicable requirements in Sections 703.260 through 703.283, revoked

and reissued according to the applicable requirements in 35 Ill. Adm. Code

702.186 and Sections 703.270 through 703.273, or terminated according to the

applicable requirements of 35 Ill. Adm. Code 702.186.

BOARD NOTE: Derived from 40 CFR 270.170, added at 63 Fed. Reg. 65944

(Nov. 30, 1998) (1999).

For what reasons may the Agency choose to modify a final RAP?

The Agency may modify the owner’s or operator’s final RAP on its own

initiative only if one or more of the following reasons listed in this

Section exist. If one or more of these reasons do not exist, then the

Agency shall not modify a final RAP, except at the request of the owner

or operator. Reasons for modification are the following:

The owner or operator made material and substantial alterations or

additions to the activity that justify applying different conditions;

The Agency finds new information that was not available at the

time of RAP issuance and would have justified applying different

RAP conditions at the time of issuance;

The standards or regulations on which the RAP was based have

changed because of new or amended statutes, standards, or

regulations or by judicial decision after the RAP was issued;

If the RAP includes any schedules of compliance, the Agency

may find reasons to modify the owner’s or operator’s compliance

schedule, such as an act of God, strike, flood, or materials

shortage or other events over which an owner or operator has

little or no control and for which there is no reasonably available

remedy;

The owner or operator is not in compliance with conditions of its

RAP;

The owner or operator failed in the application or during the RAP

issuance process to disclose fully all relevant facts, or an owner or

operator misrepresented any relevant facts at the time;

The Agency has determined that the activity authorized by the

owner’s or operator’s RAP endangers human health or the

environment and can only be remedied by modifying the RAP; or

The owner or operator has notified the Agency (as required in the

RAP and under 35 Ill. Adm. Code 702.152(c)) of a proposed

transfer of a RAP.

Notwithstanding any other provision in this Section, when the Agency

reviews a RAP for a land disposal facility under Section 703.304(f), it

may modify the permit as necessary to assure that the facility continues to

comply with the currently applicable requirements in 35 Ill. Adm. Code

702, 703, 705, and 720 through 726.

The Agency shall not reevaluate the suitability of the facility location at

the time of RAP modification unless new information or standards

indicate that a threat to human health or the environment exists that was

unknown when the RAP was issued.

BOARD NOTE: Derived from 40 CFR 270.175, added at 63 Fed. Reg. 65944

(Nov. 30, 1998) (1999).

For what reasons may the Agency choose to revoke and reissue a final RAP?

The Agency may revoke and reissue a final RAP on its own initiative

only if one or more reasons for revocation and reissuance exist. If one

or more reasons do not exist, then the Agency shall not modify or revoke

and reissue a final RAP, except at the owner’s or operator’s request.

Reasons for modification or revocation and reissuance are the same as the

reasons listed for RAP modifications in subsections (b)(1)(E) through

(b)(1)(H) of this Section if the Agency determines that revocation and

reissuance of the RAP is appropriate.

The Agency shall not reevaluate the suitability of the facility location at

the time of RAP revocation and reissuance, unless new information or

standards indicate that a threat to human health or the environment exists

that was unknown when the RAP was issued.

BOARD NOTE: Derived from 40 CFR 270.180, added at 63 Fed. Reg. 65945

(Nov. 30, 1998) (1999).

For what reasons may the Agency choose to terminate a final RAP, or deny a

renewal application? The Agency may terminate a final RAP on its own

initiative, or deny a renewal application for the same reasons as those listed for

RAP modifications in subsections (b)(1)(E) through (b)(1)(G) of this Section if

the Agency determines that termination of the RAP or denial of the RAP

renewal application is appropriate.

BOARD NOTE: Derived from 40 CFR 270.185, added at 63 Fed. Reg. 65945

(Nov. 30, 1998) (1999).

May the decision to approve or deny a modification, revocation and reissuance,

or termination of a RAP be administratively appealed?

Any commenter on the modification, revocation and reissuance, or

termination, or any person that participated in any hearing on these

actions, may appeal the Agency’s decision to approve a modification,

revocation and reissuance, or termination of a RAP, according to Section

703.303(f). Any person that did not file comments or did not participate

in any public hearing on the modification, revocation and reissuance, or

termination may petition for administrative review only of the changes

from the draft to the final RAP decision.

Any commenter on the modification, revocation and reissuance, or

termination, or any person that participated in any hearing on these

actions, may appeal the Agency’s decision to deny a request for

modification, revocation and reissuance, or termination to the Board.

Any person that did not file comments or which did not participate in any

public hearing on the modification, revocation and reissuance, or

termination may petition for administrative review only of the changes

from the draft to the final RAP decision.

The procedure for appeals of RAPs is as follows:

The person appealing the decision shall send a petition to the

Board pursuant to 35 Ill. Adm. Code 101 and 105. The petition

must briefly set forth the relevant facts, state the defect or fault

that serves as the basis for the appeal, and explain the basis for the

petitioner’s legal standing to pursue the appeal.

The Board has 120 days after receiving the petition to act on it.

If the Board does not take action on the petition within 120 days

after receiving it, the appeal shall be considered denied.

BOARD NOTE: Corresponding 40 CFR 270.190(c)(2) and

(c)(3), as added at 63 Fed. Reg. 65945 (Nov. 30, 1998) (1999)

allow 60 days for administrative review, which is too short a time

for the Board to publish the appropriate notices, conduct public

hearings, and conduct its review. Rather, the Board has

borrowed the 120 days allowed as adequate time for Board

review of permit appeals provided in Section 40(a)(2) of the Act

[415 ILCS 5/40(a)(2)].

This appeal is a prerequisite to seeking judicial review of the Agency

action on the RAP.

BOARD NOTE: Derived from 40 CFR 270.190, added at 63 Fed. Reg. 65945

(Nov. 30, 1998) (1999). The corresponding federal provisions provide for

informal appeal of an Agency RAP decision. There is no comparable informal

procedure under Sections 39 and 40 of the Act [415 ILCS 5/39 and 40].

When will a RAP expire? RAPs must be issued for a fixed term, not to exceed

10 years, although they may be renewed upon approval by the Agency in fixed

increments of no more than ten years. In addition, the Agency shall review any

RAP for hazardous waste land disposal five years after the date of issuance or

reissuance and the owner or operator or the Agency shall follow the

requirements for modifying the RAP as necessary to assure that the owner or

operator continues to comply with currently applicable requirements in the Act

and RCRA sections 3004 and 3005.

BOARD NOTE: Derived from 40 CFR 270.195, added at 63 Fed. Reg. 65945

(Nov. 30, 1998) (1999).

How may an owner or operator renew a RAP that is expiring? If an owner or

operator wishes to renew an expiring RAP, the owner or operator shall follow

the process for application for and issuance of RAPs in this Subpart H.

BOARD NOTE: Derived from 40 CFR 270.200, added at 63 Fed. Reg. 65945

(Nov. 30, 1998) (1999).

What happens if the owner or operator has applied correctly for a RAP renewal

but has not received approval by the time its old RAP expires? If the owner or

operator has submitted a timely and complete application for a RAP renewal, but

the Agency, through no fault of the owner or operator, has not issued a new

RAP with an effective date on or before the expiration date of the previous

RAP, the previous RAP conditions continue in force until the effective date of

the new RAP or RAP denial.

BOARD NOTE: Derived from 40 CFR 270.205, added at 63 Fed. Reg. 65945

(Nov. 30, 1998) (1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 703.306

Obtaining a RAP for an Off-Site Location

May an owner or operator perform remediation waste management activities under a RAP at a

location removed from the area where the remediation wastes originated?

An owner or operator may request a RAP for remediation waste management

activities at a location removed from the area where the remediation wastes

originated if the owner or operator believes such a location would be more

protective than the contaminated area or areas in close proximity.

If the Agency determines that an alternative location, removed from the area

where the remediation waste originated, is more protective than managing

remediation waste at the area of contamination or areas in close proximity, then

the Agency shall approve a RAP for this alternative location.

An owner or operator shall request the RAP, and the Agency shall approve or

deny the RAP, according to the procedures and requirements in this Subpart H

of this Part.

A RAP for an alternative location must also meet the following requirements,

which the Agency shall include in the RAP for such locations:

The RAP for the alternative location must be issued to the person

responsible for the cleanup from which the remediation wastes originated;

The RAP is subject to the expanded public participation requirements in

Sections 703.191, 703.192, and 703.193;

The RAP is subject to the public notice requirements in 35 Ill. Adm.

Code 705.163;

The site permitted in the RAP may not be located within 61 meters or

200 feet of a fault that has had displacement in the Holocene time (the

owner or operator shall demonstrate compliance with this standard

through the requirements in Section 703.183(k)) (See the definitions of

terms in 35 Ill. Adm. Code 724.118(a)).

BOARD NOTE: Sites in Illinois are assumed to be in compliance with

the requirement of subsection (d)(4) of this Section, since they are not

listed in 40 CFR 264, Appendix VI.

These alternative locations are remediation waste management sites, and retain

the following benefits of remediation waste management sites:

Exclusion from facility-wide corrective action under 35 Ill. Adm. Code

724.201; and

Application of 35 Ill. Adm. Code 724.101(j) in lieu of 35 Ill. Adm. Code

724.Subparts B, C, and D.

BOARD NOTE: Derived from 40 CFR 270.230, added at 63 Fed. Reg. 65946 (Nov. 30,

1998) (1999).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 703.Appendix A

Classification of Permit Modifications

Class

Modifications

General Permit Provisions

Administrative and informational changes.

Correction of typographical errors.

Equipment replacement or upgrading with functionally equivalent

components (e.g., pipes, valves, pumps, conveyors, controls).

Changes in the frequency of or procedures for monitoring, reporting,

sampling, or maintenance activities by the permittee:

To provide for more frequent monitoring, reporting, or

maintenance.

Other changes.

Schedule of compliance:

Changes in interim compliance dates, with prior approval of the

Agency.

Extension of final compliance date.

Changes in expiration date of permit to allow earlier permit

termination, with prior approval of the Agency.

Changes in ownership or operational control of a facility, provided the

procedures of Section 703.260(b) are followed.

8. Changes to remove permit conditions that are no longer applicable

(i.e., because the standards upon which they are based are no longer

applicable to the facility).

General Facility Standards

Changes to waste sampling or analysis methods:

To conform with Agency guidance or Board regulations.

To incorporate changes associated with F039 (multi-source

leachate) sampling or analysis methods.

To incorporate changes associated with underlying hazardous

constituents in ignitable or corrosive wastes.

Other changes.

Changes to analytical quality assurance/control quality assurance or

quality control plan:

To conform with agency guidance or regulations.

Other changes.

Changes in procedures for maintaining the operating record.

Changes in frequency or content of inspection schedules.

Changes in the training plan:

That affect the type or decrease the amount of training given to

employees.

Other changes.

Contingency plan:

Changes in emergency procedures (i.e., spill or release

response procedures).

Replacement with functionally equivalent equipment, upgrade,

or relocate emergency equipment listed.

Removal of equipment from emergency equipment list.

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.

CQA plan:

Changes that the CQA officer certifies in the operating record

will provide equivalent or better certainty that the unit

components meet the design specifications.

Other changes.

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 shall be reviewed under the same procedures as a permit

modification.

Groundwater Protection

Changes to wells:

Changes in the number, location, depth, or design of upgradient

or downgradient wells of permitted groundwater monitoring

system.

Replacement of an existing well that has been damaged or

rendered inoperable, without change to location, design, or

depth of the well.

Changes in groundwater sampling or analysis procedures or

monitoring schedule, with prior approval of the Agency.

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.

Changes in point of compliance.

Changes in indicator parameters, hazardous constituents, or

concentration limits (including ACLs (Alternate Concentration Limits)):

As specified in the groundwater protection standard.

As specified in the detection monitoring program.

Changes to a detection monitoring program as required by 35 Ill.

Adm. Code 724.198(j), unless otherwise specified in this Appendix.

Compliance monitoring program:

Addition of compliance monitoring program as required by 35

Ill. Adm. Code 724.198(h)(4) and 724.199.

Changes to a compliance monitoring program as required by 35

Ill. Adm. Code 724.199(k), unless otherwise specified in this

Appendix.

Corrective action program:

Addition of a corrective action program as required by 35 Ill.

Adm. Code 724.199(i)(2) and 724.200.

Changes to a corrective action program as required by 35 Ill.

Adm. Code 724.200(h), unless otherwise specified in this

Appendix.

Closure

Changes to the closure plan:

Changes in estimate of maximum extent of operations or

maximum inventory of waste on-site at any time during the

active life of the facility, with prior approval of the Agency.

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.

Changes in the expected year of final closure, where other

permit conditions are not changed, with prior approval of the

Agency.

Changes in procedures for decontamination of facility

equipment or structures, with prior approval of the Agency.

Changes in approved closure plan resulting from unexpected

events occurring during partial or final closure, unless

otherwise specified in this Appendix.

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.

Adm. Code 724.213(d) or (e).

Creation of a new landfill unit as part of closure.

Addition of the following new units to be used temporarily for closure

activities:

Surface impoundments.

Incinerators.

Waste piles that do not comply with 35 Ill. Adm. Code

724.350(c).

Waste piles that comply with 35 Ill. Adm. Code 724.350(c).

Tanks or containers (other than specified below).

Tanks used for neutralization, dewatering, phase separation, or

component separation, with prior approval of the Agency.

Staging piles.

Post-Closure

Changes in name, address, or phone number of contact in post-closure

plan.

Extension of post-closure care period.

Reduction in the post-closure care period.

Changes to the expected year of final closure, where other permit

conditions are not changed.

Changes in post-closure plan necessitated by events occurring during

the active life of the facility, including partial and final closure.

Containers

Modification or addition of container units:

Resulting in greater than 25 percent increase in the facility’s

container storage capacity, except as provided in F(1)(c) and

F(4)(a).

Resulting in up to 25 percent increase in the facility’s container

storage capacity, except as provided in F(1)(c) and F(4)(a).

Or Modification or addition of container units 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” 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 or narrative

description of wastes. It is not applicable to dioxin-containing

wastes (F020, F021, F022, F023, F026, F027 and F028).

Modification of container units without an increased capacity or

alteration of the system:

Modification of a container unit without increasing the capacity

of the unit.

Addition of a roof to a container unit without alteration of the

containment system.

Storage of different wastes in containers, except as provided in F(4):

That require additional or different management practices from

those authorized in the permit.

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.

Storage or treatment of different wastes in containers:

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. Adm. Code 728.108. It is not applicable to

dioxin-containing wastes (F020, F021, F022, F023, F026, F027

and F028).

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).

Tanks

Modification or addition of tank units resulting in greater than

25 percent increase in the facility’s tank capacity, except as

provided in paragraphs G(1)(c), G(1)(d) and G(1)(e).

Modification or addition of tank units resulting in up to 25

percent increase in the facility’s tank capacity, except as

provided in paragraphs G(1)(d) and G(1)(e).

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.

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.

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).

Modification of a tank unit or secondary containment system without

increasing the capacity of the unit.

Replacement of a tank with a tank that meets the same design standards

and has a capacity within ± 10 percent of the replaced tank provided:

The capacity difference is no more than 1500 gallons,

The facility’s permitted tank capacity is not increased, and

The replacement tank meets the same conditions in the permit.

Modification of a tank management practice.

Management of different wastes in tanks:

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).

That do not require additional or different management

practices or 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 identified

wastes.

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).

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(g) for modification procedures to

be used for the management of newly listed or identified

wastes.

Surface Impoundments

Modification or addition of surface impoundment units that result in

increasing the facility’s surface impoundment storage or treatment

capacity.

Replacement of a surface impoundment unit.

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.

Modification of a surface impoundment management practice.

Treatment, storage, or disposal of different wastes in surface

impoundments:

That require additional or different management practices or

different design of the liner or leak detection system than

authorized in the permit.

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.

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 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).

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 previously

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).

Modifications of unconstructed units to comply with 35 Ill. Adm. Code

724.321(c), 724.322, 724.323, and 724.326(d).

Changes in response action plan:

Increase in action leakage rate.

Change in a specific response reducing its frequency or

effectiveness.

Other changes.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

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. Adm. Code 724.350(c).

Modification or addition of waste pile units:

Resulting in greater than 25 percent increase in the facility’s

waste pile storage or treatment capacity.

Resulting in up to 25 percent increase in the facility’s waste pile

storage or treatment capacity.

Modification of waste pile unit without increasing the capacity of the

unit.

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.

Modification of a waste pile management practice.

Storage or treatment of different wastes in waste piles:

That require additional or different management practices or

different design of the unit.

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.

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.

Landfills and Unenclosed Waste Piles

Modification or addition of landfill units that result in increasing the

facility’s disposal capacity.

Replacement of a landfill.

Addition or modification of a liner, leachate collection system, leachate

detection system, runoff control, or final cover system.

Modification of a landfill unit without changing a liner, leachate

collection system, leachate detection system, runoff control, or final

cover system.

Modification of a landfill management practice.

Landfill different wastes:

That require additional or different management practices,

different design of the liner, leachate collection system, or

leachate detection system.

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.

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. Adm. Code 728.105. This

modification is not applicable to dioxin-containing wastes (F020,

F021, F022, F023, F026, F027 and F028).

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. Adm. 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).

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.

Changes in response action plan:

Increase in action leakage rate.

Change in a specific response reducing its frequency or

effectiveness.

Other changes.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Land Treatment

Lateral expansion of or other modification of a land treatment unit to

increase area extent.

Modification of runon control system.

Modify runoff control system.

Other modification of land treatment unit component specifications or

standards required in permit.

Management of different wastes in land treatment units:

That require a change in permit operating conditions or unit

design specifications.

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 identified wastes.

Modification of a land treatment unit management practice to:

Increase rate or change method of waste application.

Decrease rate of waste application.

Modification of a land treatment unit management practice to change

measures of pH or moisture content or to enhance microbial or

chemical reactions.

Modification of a land treatment unit management 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.

Modification of operating practice due to detection of releases from the

land treatment unit pursuant to 35 Ill. Adm. Code 724.378(g)(2).

10.

Changes in the unsaturated zone monitoring system that result in a

change to the location, depth, or number of sampling points or which

replace unsaturated zone monitoring devices or components of devices

with devices or components that have specifications different from

permit requirements.

11.

Changes in the unsaturated zone monitoring system that do not result in

a change to the location, depth, or number of sampling points or which

replace unsaturated zone monitoring devices or components of devices

with devices or components having specifications different from permit

requirements.

12.

Changes in background values for hazardous constituents in soil and

soil-pore liquid.

13.

Changes in sampling, analysis, or statistical procedure.

14.

Changes in land treatment demonstration program prior to or during

the demonstration.

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.

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.

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 completely,

where the conditions for the second demonstration are not substantially

the same as the conditions for the first demonstration.

18.

Changes in vegetative cover requirements for closure.

Incinerators, Boilers and Industrial Furnaces

Changes to increase by more than 25 percent 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.

Changes to increase by up to 25 percent 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.

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

HCl/Cl

, 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.

Modification of an incinerator, 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 compliance with

the regulatory performance standards.

Operating requirements:

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.

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.

Modification of any other operating condition or any inspection

or recordkeeping requirement specified in the permit.

Burning different wastes:

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.

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.

Note: See Section 703.280(g) for modification procedures to be

used for the management of newly listed or identified wastes.

Shakedown and trial burn:

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.

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.

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.

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.

Substitution of an alternate type of non-hazardous waste fuel that is not

specified in the permit.

Technology changes needed to meet standards under federal 40 CFR

63 (Subpart EEE--National Emission Standards for Hazardous Air

Pollutants From Hazardous Waste Combustors), provided the

procedures of Section 703.280(j) are followed.

Containment Buildings.

Modification or addition of containment building units:

Resulting in greater than 25 percent increase in the facility’s

containment building storage or treatment capacity.

Resulting in up to 25 percent increase in the facility’s

containment building storage or treatment capacity.

Modification of a containment building unit or secondary containment

system without increasing the capacity of the unit.

Replacement of a containment building with a containment building that

meets the same design standards provided:

The unit capacity is not increased.

The replacement containment building meets the same

conditions in the permit.

Modification of a containment building management practice.

Storage or treatment of different wastes in containment buildings:

That require additional or different management practices.

That do not require additional or different management

practices

Corrective Action.

Approval of a corrective action management unit pursuant to 35 Ill.

Adm. Code 724.652.

Approval of a temporary unit or time extension pursuant to 35 Ill.

Adm. Code 724.653.

Approval of a staging pile or staging pile operating term extension

pursuant to 35 Ill. Adm. Code 724.654.

Note:* indicates modifications requiring prior Agency approval.

BOARD NOTE: Derived from 40 CFR 270.42, Appendix I (1998) (1999), as amended at 63

64 Fed. Reg. 65941 (Nov. 30, 1998) 53077 (September 30, 1999).

(Source: Amended at 24 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

Section

720.110

Definitions

720.111

References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720.123

Petitions for Regulation as Universal Waste

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures for Determinations

720.140

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

by-case Basis

720.141

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

720.Appendix A

Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;

amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;

amended in R82-19 at 7 Ill. Reg. 14015, effective October 12, 1983; amended in R84-9, 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 R88-16 at 13 Ill. Reg. 362, effective

December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278, effective November 13, 1989;

amended in R89-2 at 14 Ill. Reg. 3075, effective February 20, 1990; amended in R89-9 at 14

Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14 Ill. Reg. 16450, effective

September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective May 9, 1991; amended

in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg.

14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489, effective June

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

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

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

26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in R94-17

at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9508,

effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, August 1, 1996; amended in

R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997; amended in R98-12 at

22 Ill. Reg. 7590, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg.

17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1704,

effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective July 26, 1999;

amended in R00-5 at 24 Ill. Reg. ________, effective ______________________; amended in

R00-13 at 24 Ill. Reg. ________, effective ______________________.

SUBPART B: DEFINITIONS

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” tank that is

situated in such a way that the entire surface area of the tank is completely above

the plane of the adjacent surrounding surface and the entire surface area of the

tank (including the tank bottom) is able to be visually inspected.

“Act” or “RCRA” means the Solid Waste Disposal Act, as amended by the

Resource Conservation and Recovery Act of 1976, as amended (42 USC 6901

et seq.)

“Active life” of a facility means the period from the initial receipt of hazardous

waste at the facility until the Agency receives certification of final closure.

“Active portion” means that portion of a facility where treatment, storage, or

disposal operations are being or have been conducted after May 19, 1980, and

which is not a closed portion. (See also “closed portion” and “inactive

portion”.)

“Administrator” means the Administrator of the U.S. United States

Environmental Protection Agency or the Administrator’s designee.

“Agency” means the Illinois Environmental Protection Agency.

“Ancillary equipment” means any device, including, but not limited to, such

devices as piping, fittings, flanges, valves, and pumps, that is used to distribute,

meter, or control the flow of hazardous waste from its point of generation to

storage or treatment tank(s) tanks, between hazardous waste storage and

treatment tanks to a point of disposal onsite, or to a point of shipment for

disposal off-site.

“Aquifer” means a geologic formation, group of formations, or part of a

formation capable of yielding a significant amount of groundwater to wells or

springs.

“Authorized representative” means the person responsible for the overall

operation of a facility or an operational unit (i.e., part of a facility), e.g., the

plant manager, superintendent, or person of equivalent responsibility.

“Battery” means a device consisting of one or more electrically connected

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

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

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

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

also includes an intact, unbroken battery from which the electrolyte has been

removed.

“Board” means the Illinois Pollution Control Board.

“Boiler” means an enclosed device using controlled flame combustion and having

the following characteristics:

Physical Boiler physical characteristics.

The unit must have physical provisions for recovering and

exporting thermal energy in the form of steam, heated fluids, or

heated gases; and the unit’s combustion chamber and primary

energy recovery section(s) sections must be of integral design. To

be of integral design, the combustion chamber and the primary

energy recovery section(s) sections (such as waterwalls and

superheaters) must be physically formed into one manufactured or

assembled unit. A unit in which the combustion chamber and the

primary energy recovery section(s) sections are joined only by

ducts or connections carrying flue gas is not integrally designed;

however, secondary energy recovery equipment (such as

economizers or air preheaters) need not be physically formed into

the same unit as the combustion chamber and the primary energy

recovery section. The following units are not precluded from

being boilers solely because they are not of integral design:

process heaters (units that transfer energy directly to a process

stream) and fluidized bed combustion units; and

While in operation, the unit must maintain a thermal energy

recovery efficiency of at least 60 percent, calculated in terms of

the recovered energy compared with the thermal value of the fuel;

and

The unit must export and utilize at least 75 percent of the

recovered energy, calculated on an annual basis. In this

calculation, no credit shall be given for recovered heat used

internally in the same unit. (Examples of internal use are the

preheating of fuel or combustion air, and the driving of induced

or forced draft fans or feedwater pumps); or

Boiler by designation. The unit is one which the Board has determined,

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

Section 720.132.

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

regenerate spent activated carbon.

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

and belief.

“Closed portion” means that portion of a facility which that an owner or

operator has closed in accordance with the approved facility closure plan and all

applicable closure requirements. (See also “active portion” and “inactive

portion”.)

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

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

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

aquifer containing confined groundwater.

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

transported, treated, disposed of, or otherwise handled.

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

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

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

“Contingency plan” means a document setting out an organized, planned and

coordinated course of action to be followed in case of a fire, explosion, or

release of hazardous waste or hazardous waste constituents which that could

threaten human health or the environment.

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

facility that is used only for managing remediation wastes for implementing

corrective action or cleanup at the facility.

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

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

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

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

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

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

and metal tanks. Such a person must be certified as being qualified by the

National Association of Corrosion Engineers (NACE) or be a registered

professional engineer who has certification or licensing that includes education

and experience in corrosion control on buried or submerged metal piping

systems and metal tanks.

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

facility,

WhichOf which any of the following is true:

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

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

Has The facility has received a RCRA permit from USEPA

pursuant to 40 CFR 124 and 270 (1992) (1999);

Has The facility has received a RCRA permit from a state

authorized by USEPA pursuant to 40 CFR 271 (1992) (1999); or

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

or 266.Subpart F; and

Which The facility has been designated on the manifest by the generator

pursuant to 35 Ill. Adm. Code 722.120.

If a waste is destined to a facility in a state, other than Illinois, which that

has been authorized by USEPA pursuant to 40 CFR 271, but which has

not yet obtained authorization to regulate that waste as hazardous, then

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

accept such waste.

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

particular category of universal waste, except those management activities

described in 35 Ill. Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A

facility at which a particular category of universal waste is only accumulated is

not a destination facility for the purposes of managing that category of universal

waste.

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

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

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

chlorinated dibenzo dioxins and furans.

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

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

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

hazardous waste into or on any land or water.

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

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

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

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

groundwaters.

“Disposal facility” means a facility or part of a facility at which hazardous waste

is intentionally placed into or on any land or water and at which waste will

remain after closure. The term disposal facility does not include a corrective

action management unit (CAMU) into which remediation wastes are placed.

“Drip pad” means an engineered structure consisting of a curbed, free-draining

base, constructed of non-earthen materials and designed to convey preservative

kick-back or drippage from treated wood, precipitation and surface water runon

to an associated collection system at wood preserving plants.

“Electric lamp” means the bulb or tube portion of a lighting device specifically

designed to produce radiant energy, most often in the ultraviolet, visible, and

infrared regions of the electromagnetic spectrum.

BOARD NOTE: The definition of “electric lamp” was added pursuant to

Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective

August 19, 1997).

“Elementary neutralization unit” means a device which:

Is used for neutralizing wastes which are hazardous only because they

exhibit the corrosivity characteristic defined in 35 Ill. Adm. Code

721.122 or are listed in 35 Ill. Adm. Code 721.Subpart D only for this

reason; and

Meets the definition of tank, tank system, container, transport vehicle, or

vessel in this Section.

“EPA hazardous waste number” or “USEPA hazardous waste number” means

the number assigned by USEPA to each hazardous waste listed in 35 Ill. Adm.

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

721.Subpart C.

“EPA identification number” or “USEPA identification number” means the

number assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to

each generator; transporter; and treatment, storage, or disposal facility.

“EPA region” or “USEPA region” means the states and territories found in any

one of the following ten regions:

Region I: Maine, Vermont, New Hampshire, Massachusetts,

Connecticut, and Rhode Island

Region II: New York, New Jersey, Commonwealth of Puerto Rico, and

the U.S. Virgin Islands

Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia,

and the District of Columbia

Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,

Georgia, South Carolina, and Florida

Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio

Region VI: New Mexico, Oklahoma, Arkansas, Louisiana, and Texas

Region VII: Nebraska, Kansas, Missouri, and Iowa

Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah,

and Colorado

Region IX: California, Nevada, Arizona, Hawaii, Guam, American

Samoa, and Commonwealth of the Northern Mariana Islands

Region X: Washington, Oregon, Idaho, and Alaska

“Equivalent method” means any testing or analytical method approved by the

Board pursuant to Section 720.120.

“Existing hazardous waste management (HWM) facility” or “existing facility”

means a facility which that was in operation or for which construction

commenced on or before November 19, 1980. A facility had commenced

construction if the owner or operator had obtained the federal, state, and local

approvals or permits necessary to begin physical construction and either:

A continuous on-site, physical construction program had begun; or

The owner or operator had entered into contractual obligations, which

that could not be canceled or modified without substantial loss, for

physical construction of the facility to be completed within a reasonable

time.

“Existing portion” means that land surface area of an existing waste management

unit, included in the original Part A permit application, on which wastes have

been placed prior to the issuance of a permit.

“Existing tank system” or “existing component” means a tank system or

component that is used for the storage or treatment of hazardous waste and

which 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 of the following is true:

A continuous on-site physical construction or installation program has

begun; or

The owner or operator has entered into contractual obligations, which

that cannot be canceled or modified without substantial loss, for physical

construction of the site or installation of the tank system to be completed

within a reasonable time.

“Explosives or munitions emergency” means a situation involving the suspected

or detected presence of unexploded ordnance (UXO), damaged or deteriorated

explosives or munitions, an improvised explosive device (IED), other potentially

explosive material or device, or other potentially harmful military chemical

munitions or device, that creates an actual or potential imminent threat to human

health, including safety, or the environment, including property, as determined

by an explosives or munitions emergency response specialist. Such situations

may require immediate and expeditious action by an explosives or munitions

emergency response specialist to control, mitigate, or eliminate the threat.

“Explosives or munitions emergency response” means all immediate response

activities by an explosives and munitions emergency response specialist to

control, mitigate, or eliminate the actual or potential threat encountered during an

explosives or munitions emergency. An explosives or munitions emergency

response may include in-place render-safe procedures, treatment, or destruction

of the explosives or munitions or transporting those items to another location to

be rendered safe, treated, or destroyed. Any reasonable delay in the completion

of an explosives or munitions emergency response caused by a necessary,

unforeseen, or uncontrollable circumstance will not terminate the explosives or

munitions emergency. Explosives and munitions emergency responses can occur

on either public or private lands and are not limited to responses at RCRA

facilities.

“Explosives or munitions emergency response specialist” means an individual

trained in chemical or conventional munitions or explosives handling,

transportation, render-safe procedures, or destruction techniques. Explosives or

munitions emergency response specialists include U.S. United States Department

of Defense (U.S. DODUSDOD) emergency explosive ordnance disposal (EOD),

technical escort unit (TEU), and U.S. DODUSDOD-certified civilian or

contractor personnel and other federal, State, or local government or civilian

personnel who are similarly trained in explosives or munitions emergency

responses.

“Facility” means:

All contiguous land and structures, other appurtenances, and

improvements on the land used for treating, storing, or disposing of

hazardous waste. A facility may consist of several treatment, storage, or

disposal operational units (e.g., one or more landfills, surface

impoundments, or combinations of them).

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

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

operator seeking a permit under Subtitle C of RCRA. This definition

also applies to facilities implementing corrective action under RCRA

Section 3008(h).

Notwithstanding the immediately-preceding paragraph of this definition, a

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

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

requirements if the site is located within such a facility.

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

federal government, any independent agency or establishment of the federal

government, including any government corporation and the Government Printing

Office.

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

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

hazardous waste control statutes, regulations, or ordinances.

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

facility in accordance with all applicable closure requirements so that hazardous

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

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

722.134.

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

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

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

impoundment dike and the surface of the waste contained therein.

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

waste under ambient temperature and pressure.

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

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

causes a hazardous waste to become subject to regulation.

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

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

721.103.

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

hazardous waste to be listed in 35 Ill. Adm. Code 721.Subpart D, or a

constituent listed in 35 Ill. Adm. Code 721.124.

“Hazardous waste management unit” is a contiguous area of land on or in which

hazardous waste is placed, or the largest area in which there is significant

likelihood of mixing hazardous waste constituents in the same area. Examples of

hazardous waste management units include a surface impoundment, a waste pile,

a land treatment area, a landfill cell, an incinerator, a tank and its associated

piping and underlying containment system, and a container storage area. A

container alone does not constitute a unit; the unit includes containers, and the

land or pad upon which they are placed.

“Inactive portion” means that portion of a facility which is not operated after

November 19, 1980. (See also “active portion” and “closed portion”.)

“Incinerator” means any enclosed device that of which the following is true:

Uses The facility uses controlled flame combustion, and it neither:

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

carbon regeneration unit, nor

Is listed as an industrial furnace; or

Meets The facility meets the definition of infrared incinerator or plasma

arc incinerator.

“Incompatible waste” means a hazardous waste which that is unsuitable for:

Placement in a particular device or facility because it may cause corrosion

or decay of containment materials (e.g., container inner liners or tank

walls); or

Commingling with another waste or material under uncontrolled

conditions because the commingling might produce heat or pressure, fire

or explosion, violent reaction, toxic dusts, mists, fumes or gases, or

flammable fumes or gases.

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

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

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

Cement kilns;

Lime kilns;

Aggregate kilns;

Phosphate kilns;

Coke ovens;

Blast furnaces;

Smelting, melting and refining furnaces (including pyrometallurgical

devices such as cupolas, reverberator furnaces, sintering machines,

roasters, and foundry furnaces);

Titanium dioxide chloride process oxidation reactors;

Methane reforming furnaces;

Pulping liquor recovery furnaces;

Combustion devices used in the recovery of sulfur values from spent

sulfuric acid;

Halogen acid furnaces (HAFs) for the production of acid from

halogenated hazardous waste generated by chemical production facilities

where the furnace is located on the site of a chemical production facility,

the acid product has a halogen acid content of at least three percent, the

acid product is used in a manufacturing process, and, except for

hazardous waste burned as fuel, hazardous waste fed to the furnace has a

minimum halogen content of 20 percent, as generated; and

Any other such device as the Agency determines to be an “Industrial

Furnace” industrial furnace on the basis of one or more of the following

factors:

The design and use of the device primarily to accomplish recovery

of material products;

The use of the device to burn or reduce raw materials to make a

material product;

The use of the device to burn or reduce secondary materials as

effective substitutes for raw materials, in processes using raw

materials as principal feedstocks;

The use of the device to burn or reduce secondary materials as

ingredients in an industrial process to make a material product;

The use of the device in common industrial practice to produce a

material product; and

Other relevant factors.

“Individual generation site” means the contiguous site at or on which one or

more hazardous wastes are generated. An individual generation site, such as a

large manufacturing plant, may have one or more sources of hazardous waste

but is considered a single or individual generation site if the site or property is

contiguous.

“Infrared incinerator” means any enclosed device which that uses electric

powered resistance heaters as a source of radiant heat followed by an afterburner

using controlled flame combustion and which is not listed as an industrial

furnace.

“Inground tank” means a device meeting the definition of “tank” whereby a

portion of the tank wall is situated to any degree within the ground, thereby

preventing visual inspection of that external surface area of the tank that is in the

ground.

“In operation” refers to a facility which that is treating, storing, or disposing of

hazardous waste.

“Injection well” means a well into which fluids are being injected. (See also

“underground injection”.)

“Inner liner” means a continuous layer of material placed inside a tank or

container which that protects the construction materials of the tank or container

from the contained waste or reagents used to treat the waste.

“Installation inspector” means a person who, by reason of knowledge of the

physical sciences and the principles of engineering, acquired by a professional

education and related practical experience, is qualified to supervise the

installation of tank systems.

“International shipment” means the transportation of hazardous waste into or out

of the jurisdiction of the United States.

“Lamp” or “universal waste lamp” means the bulb or tube portion of an electric

lighting device. A lamp is specifically designed to produce radiant energy, most

often in the ultraviolet, visible, or infra-red regions of the electromagnetic

spectrum. Examples of common universal waste lamps include, but are not

limited to, fluorescent, high intensity discharge, neon, mercury vapor, high

pressure sodium, and metal halide lamps.

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

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

disposal facilities if the waste will remain after closure.

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

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

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

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

(CAMU).

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

uses a liner to provide isolation of wastes from adjacent cells or wastes.

Examples of landfill cells are trenches and pits.

“LDS” means leak detection system.

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

that has percolated through or drained from hazardous waste.

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

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

the downward or lateral escape of hazardous waste, hazardous waste

constituents, or leachate.

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

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

hazardous waste or accumulated liquid in the secondary containment structure.

Such a system must employ operational controls (e.g., daily visual inspections for

releases into the secondary containment system of aboveground tanks) or consist

of an interstitial monitoring device designed to detect continuously and

automatically the failure of the primary or secondary containment structure or the

presence of a release of hazardous waste into the secondary containment

structure.

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

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

treatment, recovery, and disposal of hazardous waste.

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

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

“Manifest document number” means the USEPA twelve digit identification

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

assigned to the manifest by the generator for recording and reporting purposes.

“Mercury-containing lamp” means an electric lamp into which mercury is

purposely introduced by the manufacturer for the operation of the lamp.

Mercury-containing lamps include, but are not limited to, fluorescent lamps and

high-intensity discharge lamps.

BOARD NOTE: The definition of “mercury-containing lamp” was added

pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,

effective August 19, 1997).

“Military munitions” means all ammunition products and components produced

or used by or for the U.S. United States Department of Defense or the U.S.

United States Armed Services for national defense and security, including

military munitions under the control of the U.S. United States Department of

Defense, the U.S. United States Coast Guard, the U.S. United States

Department of Energy (U.S. DOE USDOE), and National Guard personnel.

The term military munitions includes: confined gaseous, liquid, and solid

propellants, explosives, pyrotechnics, chemical and riot control agents, smokes,

and incendiaries used by U.S. DOD USDOD components, including bulk

explosives and chemical warfare agents, chemical munitions, rockets, guided and

ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small

arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions

and dispensers, demolition charges, and devices and components of these items

and devices. Military munitions do not include wholly inert items, improvised

explosive devices, and nuclear weapons, nuclear devices, and nuclear

components of these items and devices. However, the term does include non-

nuclear components of nuclear devices, managed under U.S. DOE USDOE’s

nuclear weapons program after all sanitization operations required under the

Atomic Energy Act of 1954, as amended, have been completed.

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

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

then used for reclamation of a surface mine.

“Miscellaneous unit” means a hazardous waste management unit where

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

tank; surface impoundment; pile; land treatment unit; landfill; incinerator; boiler;

industrial furnace; underground injection well with appropriate technical

standards under 35 Ill. Adm. Code 730; containment building; corrective action

management unit (CAMU); unit eligible for a research, development, and

demonstration permit under 35 Ill. Adm. Code 703.231; or staging pile.

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

vehicle.

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

which that began operation, or for which construction commenced, after

November 19, 1980. (See also “Existing hazardous waste management

facility”.)

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

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

for which installation commenced after July 14, 1986; except, however, for

purposes of 35 Ill. Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank

system is one for which construction 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.

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

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

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

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

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

725 at a facility which that contains other active hazardous waste management

units. For example, partial closure may include the closure of a tank (including

its associated piping and underlying containment systems), landfill cell, surface

impoundment, waste pile, or other hazardous waste management unit, while

other units of the same facility continue to operate.

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

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

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

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

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

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

725.

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

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

plant regulator, defoliant, or desiccant, other than any article that fulfills one of

the following descriptions:

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

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

in Section 720.111,;

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

Secretary of Health and Human Services pursuant to FFDCA section

512, incorporated by reference in Section 720.111, to be an exempted

new animal drug,; or

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

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

substances described in either of the two preceding subsections of this

definition.

BOARD NOTE: The second exception of corresponding 40 CFR

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

regulation of the Secretary of Health and Human Services not to be a

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

the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 USC

136(u)). The three exceptions, taken together, appear intended not to

include as “pesticide” any material within the scope of federal Food and

Drug Administration regulation. The Board codified this provision with

the intent of retaining the same meaning as its federal counterpart while

adding the definiteness required under Illinois law.

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

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

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

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

afterburner using controlled flame combustion and which is not listed as an

industrial furnace.

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

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

discrete fissure, container, rolling stock, concentrated animal feeding operation,

or vessel or other floating craft from which pollutants are or may be discharged.

This term does not include return flows from irrigated agriculture.

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

Code 310.110.

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

a baccalaureate or postgraduate degree in the natural sciences or engineering,

and has sufficient training and experience in groundwater hydrology and related

fields, as demonstrated by state registration, professional certifications, or

completion of accredited university courses that enable the individual to make

sound professional judgments regarding groundwater monitoring and

contaminant rate and transport.

BOARD NOTE: “State registration” includes, but is not limited to, registration

as a professional engineer with the Department of Professional Regulation,

pursuant to 225 ILCS 325 and 68 Ill. Adm. Code 1380. “Professional

certification” includes, but is not limited to, certification under the certified

groundwater professional program of the National Ground Water Association.

“Regional Administrator” means the Regional Administrator for the USEPA

Region in which the facility is located or the Regional Administrator’s designee.

“Remediation waste” means all solid and hazardous wastes, and all media

(including groundwater, surface water, soils, and sediments) and debris that

contain listed hazardous wastes or which themselves exhibit a hazardous waste

characteristic which that are managed for the purpose of implementing cleanup.

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

operator is or will be treating, storing, or disposing of hazardous remediation

wastes. A remediation waste management site is not a facility that is subject to

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

management site is subject to corrective action requirements if the site is located

in such a facility.

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

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

subsequently reused to treat, store, or dispose of hazardous waste.

“Replacement unit” does not include a unit from which waste is removed during

closure, if the subsequent reuse solely involves the disposal of waste from that

unit and other closing units or corrective action areas at the facility, in

accordance with a closure or corrective action plan approved by USEPA or the

Agency.

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

pile, lagoon, groundwater) which that can be expected to exhibit the average

properties of the universe or whole.

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

from any part of a facility.

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

onto any part of a facility.

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

which all voids are filled with water.

“SIC Code” means Standard Industrial 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 that is used

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

value of the sludge itself, of 2500 Btu/lb or less of sludge treated on a wet

weight basis.

“Small Quantity Generator” means a generator which that generates less than

1000 kg of hazardous waste in a calendar month.

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

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

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

both.

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

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

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

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

724.654.

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

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

and the Commonwealth of the Northern Mariana Islands.

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

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

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

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

transport to hazardous waste storage, treatment, or disposal facilities; except that,

as used in the landfill, surface impoundment, and waste pile rules, “sump” means

any lined pit or reservoir that serves to collect liquids drained from a leachate

collection and removal system or leak detection system for subsequent removal

from the system.

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

which that is a natural topographic depression, manmade excavation, or diked

area formed primarily of earthen materials (although it may be lined with

manmade materials) which is designed to hold an accumulation of liquid wastes

or wastes containing free liquids and which is not an injection well. Examples of

surface impoundments are holding, storage, settling, and aeration pits, ponds,

and lagoons.

“Tank” means a stationary device, designed to contain an accumulation of

hazardous waste that is constructed primarily of nonearthen materials (e.g.,

wood, concrete, steel, plastic) which provide structural support.

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

associated ancillary equipment and containment system.

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

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

chlorodibenzo-p-dioxin.

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

that uses elevated temperatures as the primary means to change the chemical,

physical, or biological character or composition of the hazardous waste.

Examples of thermal treatment processes are incineration, molten salt, pyrolysis,

calcination, wet air oxidation, and microwave discharge. (See also “incinerator”

and “open burning”.)

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

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

ampules that have been removed from such a temperature control device in

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

733.133(c)(2).

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

hazardous waste which that is directly connected to an industrial production

process and which is constructed and operated in a manner which prevents the

release of any hazardous waste or any constituent thereof into the environment

during treatment. An example is a pipe in which waste acid is neutralized.

“Transfer facility” means any transportation related facility, including loading

docks, parking areas, storage areas, and other similar areas where shipments of

hazardous waste are held during the normal course of transportation.

“Transport vehicle” means a motor vehicle or rail car used for the transportation

of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car,

etc.) is a separate transport vehicle.

“Transportation” means the movement of hazardous waste by air, rail, highway,

or water.

“Transporter” means a person engaged in the off-site transportation of hazardous

waste by air, rail, highway, or water.

“Treatability study” means:

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

determine:

Whether the waste is amenable to the treatment process.;

What pretreatment (if any) is required.;

The optimal process conditions needed to achieve the desired

treatment.;

The efficiency of a treatment process for a specific waste or

wastes.; and

The characteristics and volumes of residuals from a particular

treatment process.;

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

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

material compatibility studies, and toxicological and health effects studies.

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

hazardous waste.

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

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

of any hazardous waste so as to neutralize such the waste, so as to recover

energy or material resources from the waste, or so as to render such the waste

non-hazardous or less hazardous; safer to transport, store, or dispose of; or

amenable for recovery, amenable for storage, or reduced in volume.

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

unit within which hazardous constituents are degraded, transformed, or

immobilized.

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

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

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

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

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

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

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

storing or treating hazardous waste without posing a threat of release of

hazardous waste to the environment.

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

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.

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

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

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

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

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

Mercury-containing lampsLamps, as described in 35 Ill. Adm. Code

733.107 733.105.

BOARD NOTE: Mercury-containing lamps were added as universal

waste pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see

P.A. 90-502, effective August 19, 1997).

“Universal waste handler” means either of the following:

A generator (as defined in this Section) of universal waste; or

The owner or operator of a facility, including all contiguous property,

that receives universal waste from other universal waste handlers,

accumulates the universal waste, and sends that universal waste to another

universal waste handler, to a destination facility, or to a foreign

destination.

“Universal waste handler” does not mean:

A person that treats (except under the provisions of Section

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

universal waste; or

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

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

transfer facility.

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

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

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

surface and the water table.

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

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

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

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

Department of Transportation.

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

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

chemical impurities.

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

Protection Agency.

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

as a means of transportation on the water.

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

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

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

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

Receives It receives and treats or stores an influent wastewater which that

is a hazardous waste as defined in 35 Ill. Adm. Code 721.103, or

generates and accumulates a wastewater treatment sludge which is a

hazardous waste as defined in 35 Ill. Adm. Code 721.103, or treats or

stores a wastewater treatment sludge which is a hazardous waste as

defined in 35 Ill. Adm. Code 721.103; and

Meets It meets the definition of tank or tank system in this Section.

“Water (bulk shipment)” means the bulk transportation of hazardous waste which

that is loaded or carried on board a vessel without containers or labels.

“Well” means any shaft or pit dug or bored into the earth, generally of a

cylindrical form, and often walled with bricks or tubing to prevent the earth from

caving in.

“Well injection” (See “underground injection”).

“Zone of engineering control” means an area under the control of the owner or

operator that, upon detection of a hazardous waste release, can be readily

cleaned up prior to the release of hazardous waste or hazardous constituents to

groundwater or surface water.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 720.111

References

The following publications are incorporated by reference for the purposes of this

Part and 35 Ill. Adm. Code 703 through 705, 721 through 726, 728, 730, 733,

738, and 739:

ACI. Available from the American Concrete Institute, Box 19150,

Redford Station, Detroit, Michigan 48219:

ACI 318-83: “Building Code Requirements for Reinforced

Concrete”, adopted September, 1983.

ANSI. Available from the American National Standards Institute, 1430

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

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

API. Available from the American Petroleum Institute, 1220 L Street,

N.W., Washington, D.C. 20005, 202-682-8000:

“Cathodic Protection of Underground Petroleum Storage Tanks

and Piping Systems”, API Recommended Practice 1632, Second

Edition, December, 1987.

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

Publication 2517, Third Edition, February, 1989.

“Guide for Inspection of Refinery Equipment, Chapter XIII,

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

1981, reaffirmed December, 1987.

“Installation of Underground Petroleum Storage Systems”, API

Recommended Practice 1615, Fourth Edition, November, 1987.

APTI. Available from the Air and Waste Management Association, Box

2861, Pittsburgh, PA 15230, 412-232-3444:

APTI Course 415: Control of Gaseous Emissions, USEPA

Publication EPA-450/2-81-005, December, 1981.

ASME. Available from the American Society of Mechanical Engineers,

345 East 47th Street, New York, NY 10017, 212-705-7722:

“Chemical Plant and Petroleum Refinery Piping”, ASME/ANSI

B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988.

Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid

Petroleum Gas, Anhydrous Ammonia, and Alcohols”,

ASME/ANSI B31.4-1986, as supplemented by B31.4a-1987.

Also available from ANSI.

ASTM. Available from American Society for Testing and Materials,

1916 Race Street, Philadelphia, PA 19103, 215-299-5400:

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

Concrete, approved March 30, 1990.

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

April 24, 1981, reapproved January, 1987.

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

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

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

Gas by Gas Chromatography, approved March 30, 1990.

ASTM D 2161-87, Standard Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt Furol

Viscosity, March 27, 1987.

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

Naphthas and Aviation Gasolines by Gas Chromatography,

approved November 17, 1988.

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

of Hydrocarbon Fuels by Bomb Calorimeter (High Precision

Method), approved October 31, 1988.

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

Temperature Relationship and Initial Decomposition Temperature

of Liquids by Isoteniscope, approved 1992.

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

Liquids by Setaflash Closed Tester, approved December 14,

1988.

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

Infrared Quantitative Analysis, approved May 27, 1988.

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

Ultraviolet-Visible Quantitative Analysis, approved February 1,

1987.

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

Chromatography, approved June 28, 1985.

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

Determining Resistance of Synthetic Polymer Materials to Fungi.

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

Determining Resistance of Plastics to Bacteria.

MICE. Methods Information Communication Exchange Service, 703-

821-4690:

“Test Methods for Evaluating Solid Waste, Physical/Chemical

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

(April 1998).

GPO. Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20402,202-512-1800:

Standard Industrial Classification Manual (1972), and 1977

Supplement, republished in 1983.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

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

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

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

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

NACE. Available from the National Association of Corrosion

Engineers, 1400 South Creek Dr., Houston, TX 77084, 713-492-0535:

“Control of External Corrosion on Metallic Buried, Partially

Buried, or Submerged Liquid Storage Systems”, NACE

Recommended Practice RP-02-85, approved March, 1985.

NFPA. Available from the National Fire Protection Association,

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

“Flammable and Combustible Liquids Code” NFPA 30, issued

July 17, 1987. Also available from ANSI.

NTIS. Available from the U.S. Department of Commerce, National

Technical Information Service, 5285 Port Royal Road, Springfield, VA

22161, 703-605-6000 or 800-553-6847:

APTI Course 415: Control of Gaseous Emissions, USEPA

Publication EPA-450/2-81-005, December, 1981.

“Generic Quality Assurance Project Plan for Land Disposal

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

(Document document number PB 88-170766).

“Guideline on Air Quality Models”, Revised 1986. (Document

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

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

“Method 164, Revision A, n-Hexane Extractable Material (HEM;

Oil and Grease) and Silica Gel Treated n-Hexane Extractable

Material (SGT-HEM; Non-polar Material) by Extraction and

Gravimetry.” Document (document number PB99-121949).

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

Edition, March, 1983 (Document document number PB 84-

128677).

“Methods Manual for Compliance with BIF Regulations”,

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

“Petitions to Delist Hazardous Wastes — A Guidance Manual,

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

Number document number PB 93-169 365).

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources”, October, 1992, Publication Number EPA-

450/R-92-019.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

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

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

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

(December 1996), and IIIA (April 1998) (Document Number

document number 955-001-00000-1).

OECD. Organisation for Economic Co-operation and Development,

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

France):

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

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

Table 2.B of the Annex of OECD Council Decision

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

STI. Available from the Steel Tank Institute, 728 Anthony Trail,

Northbrook, IL 60062, 708-498-1980:

“Standard for Dual Wall Underground Steel Storage Tanks”

(1986).

U.S. DODUSDOD. Available from the United States Department of

Defense:

“DOD Ammunition and Explosive Safety Standards” (DOD

6055.9-STD), as in effect on November 8, 1995.

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

on November 8, 1995.

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

November 8, 1995.

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

November 8, 1995.

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

as in effect on November 8, 1995.

USEPA. Available from United States Environmental Protection

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

Washington, D.C. 20460:

“Technical Assistance Document: Corrosion, Its Detection and

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

USEPA. Available from Receptor Analysis Branch, USEPA (MD-14),

Research Triangle Park, NC 27711:

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources, Revised”, October, 1992, Publication

Number EPA-450/R-92-019.

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

Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-

94-IEHF-FFFFF):

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

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

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1993).

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

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

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1994).

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

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

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1993).

Table 2.B of the Annex of OECD Council Decision

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

U.S. GSA. Available from the United States Government Services

Administration:

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

in effect on November 8, 1995.

Code of Federal Regulations. Available from the Superintendent of Documents,

U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:

10 CFR 20, Appendix B (19981999)

40 CFR 51.100(ii) (19981999)

40 CFR 51, Appendix W (19981999)

40 CFR 52.741, Appendix B (19981999)

40 CFR 60 (19981999)

40 CFR 61, Subpart V (19981999)

40 CFR 63 (19981999)

40 CFR 136 (19981999), as corrected at 63 Fed. Reg. 38756 (July 20,

1998) and 63 Fed. Reg. 44146 (Aug. 18, 1998) and amended at 63 Fed.

Reg. 50387 (Sep. 21, 1998), 64 Fed. Reg. 4975 (Feb. 2, 1999), 64 Fed.

Reg. 26315 (May 14, 1999), and 64 Fed. Reg. 30417 73414 (June

8December 30, 1999)

40 CFR 142 (19981999)

40 CFR 220 (19981999)

40 CFR 232.2 (19981999)

40 CFR 260.20 (19981999)

40 CFR 264 (19981999)

40 CFR 268.41 (1990)

40 CFR 268.Appendix IX (19981999)

40 CFR 270.5 (19981999)

40 CFR 302.4, 302.5, and 302.6 (19981999)

40 CFR 761 (19981999)

49 CFR 171 (19981999)

49 CFR 173 (19981999)

49 CFR 178 (19981999)

Federal Statutes

Section 3004 of the Resource Conservation and Recovery Act (42 USC

6901 et seq.), as amended through December 31, 1987.

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

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

amended through October 25, 1994.

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

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

This Section incorporates no later editions or amendments.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101

Purpose and Scope

721.102

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104

Exclusions

721.105

Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

721.106

Requirements for Recyclable Materials

721.107

Residues of Hazardous Waste in Empty Containers

721.108

PCB Wastes Regulated under TSCA

721.109

Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria for Identifying the Characteristics of Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120

General

721.121

Characteristic of Ignitability

721.122

Characteristic of Corrosivity

721.123

Characteristic of Reactivity

721.124

Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130

General

721.131

Hazardous Wastes From Nonspecific Sources

721.132

Hazardous Waste from Specific Sources

721.133

Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues, and Spill Residues Thereof

721.135

Wood Preserving Wastes

721.138

Comparable or Syngas Fuel Exclusion

721.Appendix A

Representative Sampling Methods

721.Appendix B

Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals (Repealed)

Table B

Analytical Characteristics of Inorganic Species (Repealed)

Table C

Sample Preparation/Sample Introduction Techniques (Repealed)

721.Appendix G

Basis for Listing Hazardous Wastes

721.Appendix H

Hazardous Constituents

721.Appendix I

Wastes Excluded by Administrative Action

Table A

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

Non-Specific Sources

Table B

Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from

Specific Sources

Table C

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

Commercial Chemical Products, Off-Specification Species, Container

Residues, and Soil Residues Thereof

Table D

Wastes Excluded by the Board by Adjusted Standard

721.Appendix J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans (Repealed)

721.Appendix Y Table to Section 721.138

721.Appendix Z

Table to Section 721.102

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;

amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;

amended in R82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective February 22, 1983; amended in

R82-19, 53 PCB 131, at 7 Ill. Reg. 13999, effective October 12, 1983; amended in R84-34, 61

PCB 247, at 8 Ill. Reg. 24562, effective December 11, 1984; amended in R84-9, at 9 Ill. Reg.

11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998, effective January 2,

1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986; amended in R86-1 at 10

Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20647, effective

December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective March 24, 1987;

amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in R87-32 at 11

Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg. 19303,

effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January 15,

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

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

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

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

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

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

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

16 Ill. Reg. 2155, effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600,

effective February 3, 1992; amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992;

amended in R92-1 at 16 Ill. Reg. 17666, effective November 6, 1992; amended in R92-10 at

17 Ill. Reg. 5650, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20568, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741, effective April 26, 1994;

amended in R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994; amended in R94-17 at 18 Ill.

Reg. 17490, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9522, effective

June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963, effective August 1, 1996; amended in

R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997; amended in R98-12 at

22 Ill. Reg. 7615, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg.

17531, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718,

effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9135, effective July 26, 1999;

amended in R00-13 at 24 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 721.109

Requirements for Universal Waste

The wastes listed in this Section are exempt from regulation under 35 Ill. Adm. Code 702

through 705, 722 through 726, and 728, except as specified in 35 Ill. Adm. Code 733, and are

therefore not fully regulated as hazardous waste. The wastes listed in this Section are subject to

regulation under 35 Ill. Adm. Code 733:

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

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

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

Mercury-containing lampsLamps, as described in 35 Ill. Adm. Code 733.107

733.105.

BOARD NOTE: Subsection (d) of this Section was added pursuant to Section

22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,

1997).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART D: LISTS OF HAZARDOUS WASTE

Section 721.132

Hazardous Waste from Specific Sources

The following solid wastes are listed hazardous wastes from specific sources unless they are

excluded under 35 Ill. Adm. Code 720.120 and 720.122 and listed in Appendix I of this Part.

USEPA

Hazardous

Waste No.

Industry and Hazardous Waste

Hazard

Code

Wood Preservation:

K001

Bottom sediment sludge from the treatment of wastewaters from

wood preserving processes that use creosote or pentachloro-

phenol.

(T)

Inorganic Pigments:

K002

Wastewater treatment sludge from the production of chrome

yellow and orange pigments.

(T)

K003

Wastewater treatment sludge from the production of molybdate

orange pigments.

(T)

K004

Wastewater treatment sludge from the production of zinc yellow

pigments.

(T)

K005

Wastewater treatment sludge from the production of chrome

green pigments.

(T)

K006

Wastewater treatment sludge from the production of chrome

oxide green pigments (anhydrous and hydrated).

(T)

K007

Wastewater treatment sludge from the production of iron blue

pigments.

(T)

K008

Oven residue from the production of chrome oxide green

pigments.

(T)

Organic Chemicals:

K009

Distillation bottoms from the production of acetaldehyde from

ethylene.

(T)

K010

Distillation side cuts from the production of acetaldehyde from

ethylene.

(T)

K011

Bottom stream from the wastewater stripper in the production of

acrylonitrile.

(R,T)

K013

Bottom stream from the acetonitrile column in the production of

acrylonitrile.

(T)

K014

Bottoms from the acetonitrile purification column in the

production of acrylonitrile.

(T)

K015

Still bottoms from the distillation of benzyl chloride.

(T)

K016

Heavy ends or distillation residues from the production of

carbon tetrachloride.

(T)

K017

Heavy ends (still bottoms) from the purification column in the

production of epichlorohydrin.

(T)

K018

Heavy ends from the fractionation column in ethyl chloride

production.

(T)

K019

Heavy ends from the distillation of ethylene dichloride in

ethylene dichloride production.

(T)

K020

Heavy ends from the distillation of vinyl chloride in vinyl

chloride monomer production.

(T)

K021

Aqueous spent antimony catalyst waste from fluoromethanes

production.

(T)

K022

Distillation bottom tars from the production of phenol/acetone

from cumene.

(T)

K023

Distillation light ends from the production of phthalic anhydride

from naphthalene.

(T)

100

K024

Distillation bottoms from the production of phthalic anhydride

from naphthalene.

(T)

K093

Distillation light ends from the production of phthalic anhydride

from ortho-xylene.

(T)

K094

Distillation bottoms from the production of phthalic anhydride

from ortho-xylene.

(T)

K025

Distillation bottoms from the production of nitrobenzene by the

nitration of benzene.

(T)

K026

Stripping still tails from the production of methyl ethyl pyridines.

(T)

K027

Centrifuge and distillation residues from toluene diisocyanate

production.

(R,T)

K028

Spent catalyst from the hydrochlorinator reactor in the

production of 1,1,1-trichloroethane.

(T)

K029

Waste from the product stream stripper in the production of

1,1,1-trichloroethane.

(T)

K095

Distillation bottoms from the production of 1,1,1-trichloroethane.

(T)

K096

Heavy ends from the heavy ends column from the production of

1,1,1-trichloroethane.

(T)

K030

Column bottoms or heavy ends from the combined production of

trichloroethylene and perchloroethylene.

(T)

K083

Distillation bottoms from aniline production.

(T)

K103

Process residues from aniline extraction from the production of

aniline.

(T)

K104

Combined wastewater streams generated from

nitrobenzene/aniline production.

(T)

K085

Distillation or fractionation column bottoms

from the production of chlorobenzenes.

(T)

K105

Separated aqueous stream from the reactor product washing step

in the production of chlorobenzenes.

(T)

101

K107

Column bottoms from product separation from the production of

1,1-dimethylhydrazine (UDMH) from carboxylic acid

hydrazides.

(C,T)

K108

Condensed column overheads from product separation and

condensed reactor vent gases from the production of 1,1-di-

methylhydrazine (UDMH) from carboxylic acid hydrazides.

(I,T)

K109

Spent filter cartridges from the product purification from the

production of 1,1-dimethylhydrazine (UDMH) from carboxylic

acid hydrazides.

(T)

K110

Condensed column overheads from intermediate separation from

the production of 1,1-dimethylhydrazine (UDMH) from

carboxylic acid hydrazides.

(T)

K111

Product wastewaters from the production of dinitrotoluene via

nitration of toluene.

(C,T)

K112

Reaction by-product water from the drying column in the

production of toluenediamine via hydrogenation of di-

nitrotoluene.

(T)

K113

Condensed liquid light ends from the purification of toluenedi-

amine in the production of toluenediamine via hydrogenation of

dinitrotoluene.

(T)

K114

Vicinals from the purification of toluenediamine in the

production of toluenediamine via hydrogenation of

dinitrotoluene.

(T)

K115

Heavy ends from the purification of toluenediamine in the

production of toluenediamine via hydrogenation of di-

nitrotoluene.

(T)

K116

Organic condensate from the solvent recovery column in the

production of toluene diisocyanate via phosgenation of toluenedi-

amine.

(T)

K117

Wastewater from the reactor vent gas scrubber in the production

of ethylene dibromide via bromination of ethene.

(T)

K118

Spent adsorbent solids from purification of ethylene dibromide in

the production of ethylene dibromide via bromination of ethene.

(T)

102

K136

Still bottoms from the purification of ethylene dibromide in the

production of ethylene dibromide via bromination of ethene.

(T)

K140

Floor sweepings, off-specification product and spent filter media

from the production of 2,4,6-tribromophenol.

(T)

K156

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

spent solvents, filtrates, and decantates) from the production of

carbamates and carbamoyl oximes. (This listing does not apply

to wastes generated from the manufacture of 3-iodo-2-propynyl

n-butylcarbamate.)

(T)

K157

Wastewaters (including scrubber waters, condenser waters,

washwaters, and separation waters) from the production of

carbamates and carbamoyl oximes. (This listing does not apply

to wastes generated from the manufacture of 3-iodo-2-propynyl

n-butylcarbamate.)

(T)

K158

Bag house dusts and filter/separation solids from the production

of carbamates and carbamoyl oximes. (This listing does not

apply to wastes generated from the manufacture of 3-iodo-2-

propynyl n-butylcarbamate.)

(T)

K159

Organics from the treatment of thiocarbamate wastes.

(T)

K161

Purification solids (including filtration, evaporation, and

centrifugation solids), bag house dust and floor sweepings from

the production of dithiocarbamate acids and their salts. (This

listing does not include K125 or K126.)

(R,T)

Inorganic Chemicals:

K071

Brine purification muds from the mercury cell process in

chlorine production, where separately prepurified brine is not

used.

(T)

K073

Chlorinated hydrocarbon waste from the purification step of the

diaphragm cell process using graphite anodes in chlorine

production.

(T)

K106

Wastewater treatment sludge from the mercury cell process in

chlorine production.

(T)

103

Pesticides:

K031

By-product salts generated in the production of MSMA and

cacodylic acid.

(T)

K032

Wastewater treatment sludge from the production of chlordane.

(T)

K033

Wastewater and scrub water from the chlorination of cyclopenta-

diene in the production of chlordane.

(T)

K034

Filter solids from the filtration of hexachlorocyclopentadiene in

the production of chlordane.

(T)

K097

Vacuum stripper discharge from the chlordane chlorinator in the

production of chlordane.

(T)

K035

Wastewater treatment sludges generated in the production of

creosote.

(T)

K036

Still bottoms from toluene reclamation distillation in the

production of disulfoton.

(T)

K037

Wastewater treatment sludges from the production of disulfoton.

(T)

K038

Wastewater from the washing and stripping of phorate

production.

(T)

K039

Filter cake from the filtration of diethylphosphorodithioic acid in

the production of phorate.

(T)

K040

Wastewater treatment sludge from the production of phorate.

(T)

K041

Wastewater treatment sludge from the production of toxaphene.

(T)

K098

Untreated process wastewater from the production of toxaphene.

(T)

K042

Heavy ends or distillation residues from the distillation of tetra-

chlorobenzene in the production of 2,4,5-T.

(T)

K043

2,6-Dichlorophenol waste from the production of 2,4-D.

(T)

K099

Untreated wastewater from the production of 2,4-D.

(T)

104

K123

Process wastewater (including supernates, filtrates and

washwaters) from the production of ethylenebisdithiocarbamic

acid and its salts.

(T)

K124

Reactor vent scrubber water from the production of ethylenebis-

dithiocarbamic acid and its salts.

(C,T)

K125

Filtration, evaporation and centrifugation solids from the

production of ethylenebisdithiocarbamic acid and its salts.

(T)

K126

Baghouse dust and floor sweepings in milling and packaging

operations from the production or formulation of ethylenebisdi-

thiocarbamic acid and its salts.

(T)

K131

Wastewater from the reactor and spent sulfuric acid from the

acid dryer from the production of methyl bromide.

(C,T)

K132

Spent absorbent and wastewater separator solids from the

production of methyl bromide.

(T)

Explosives:

K044

Wastewater treatment sludges from the manufacturing and

processing of explosives.

(R)

K045

Spent carbon from the treatment of wastewater containing

explosives.

(R)

K046

Wastewater treatment sludges from the manufacturing,

formulation and loading of lead-based initiating compounds.

(T)

K047

Pink/red water from TNT operations.

(R)

Petroleum Refining:

K048

Dissolved air flotation (DAF) float from the petroleum refining

industry.

(T)

K049

Slop oil emulsion solids from the petroleum refining industry.

(T)

K050

Heat exchanger bundle cleaning sludge from the petroleum

refining industry.

(T)

K051

API separator sludge from the petroleum refining industry.

(T)

105

K052

Tank bottoms (leaded) from the petroleum refining industry.

(T)

K169

Crude oil storage tank sediment from petroleum refining

operations.

(T)

K170

Clarified slurry oil tank sediment or in-line filter/separation

solids from petroleum refining operations.

(T)

K171

Spent hydrotreating catalyst from petroleum refining operations,

including guard beds used to desulfurize feeds to other catalytic

reactors (this listing does not include inert support media).

(I,T)

K172

Spent hydrorefining catalyst from petroleum refining operations,

including guard beds used to desulfurize feeds to other catalytic

reactors (this listing does not include inert support media).

(I,T)

Iron and Steel:

K061

Emission control dust/sludge from the primary production of

steel in electric furnaces.

(T)

K062

Spent pickle liquor generated by steel finishing operations of

facilities within the iron and steel industry (SIC Codes 331 and

332) (as defined in 35 Ill. Adm. Code 720.110).

(C,T)

Primary Copper:

K064

Acid plant blowdown slurry or sludge resulting from the

thickening of blowdown slurry from primary copper production.

(T)

Primary Lead:

K065

Surface impoundment solids contained in and dredged from

surface impoundments at primary lead smelting facilities.

(T)

Primary Zinc:

K066

Sludge from treatment of process wastewater or acid plant

blowdown from primary zinc production.

(T)

BOARD NOTE: This waste listing is the subject of a judicial remand in American Mining

Congress v. EPA, 907 F.2d 1179 (D.D.C. 1990). The Board intends that this listing not

become enforceable in Illinois until the first date upon which the Board RCRA program

becomes “not equivalent to the Federal program”, within the meaning of section 3006(b) of the

RCRA Act, 42 USC 6926(b), the Board RCRA rules become “less stringent” than the

106

USEPA rules, as this phrase is used in section 3009, 42 USC 6929, or the Board RCRA rules

are not “identical in substance” with the federal rules as that term is intended by 415 ILCS

5/7.2 and 22.4 as a result of some action by USEPA with regard to this listing in response to

the American Mining Congress remand.

Primary Aluminum:

K088

Spent potliners from primary aluminum reduction.

(T)

Ferroalloys:

K090

Emission control dust or sludge from ferrochromiumsilicon

production.

(T)

K091

Emission control dust or sludge from ferrochromium production.

(T)

Secondary Lead:

K069

Emission control dust/sludge from secondary lead smelting.

(T)

BOARD NOTE: This listing is administratively stayed for sludge generated from secondary

acid scrubber systems. The stay will remain in effect until this note is removed.

K100

Waste leaching solution from acid leaching of emission control

dust/sludge from secondary lead smelting.

(T)

Veterinary Pharmaceuticals:

K084

Wastewater treatment sludges generated during the production of

veterinary pharmaceuticals from arsenic or organo-arsenic

compounds.

(T)

K101

Distillation tar residues from the distillation of aniline-based

compounds in the production of veterinary pharmaceuticals from

arsenic or organo-arsenic compounds.

(T)

K102

Residue from use of activated carbon for decolorization in the

production of veterinary pharmaceuticals from arsenic or

organo-arsenic compounds.

(T)

107

Ink Formulation:

K086

Solvent washes and sludges, caustic washes and sludges, or

water washes and sludges from cleaning tubs and equipment

used in the formulation of ink from pigments, dryers, soaps and

stabilizers containing chromium and lead.

(T)

Coking:

K060

Ammonia still lime sludge from coking operations.

(T)

K087

Decanter tank tar sludge from coking operations.

(T)

K141

Process residues from the recovery of coal tar, including, but

not limited to, collecting sump residues from the production of

coke from coal or the recovery of coke by-products produced

from coal. This listing does not include K087 (decanter tank tar

sludges from coking operations).

(T)

K142

Tar storage tank residues from the production of coke from coal

or from the recovery of coke by-products produced from coal.

(T)

K143

Process residues from the recovery of light oil, including, but

not limited to, those generated in stills, decanters, and wash oil

recovery units from the recovery of coke by-products produced

from coal.

(T)

K144

Wastewater sump residues from light oil refining, including, but

not limited to, intercepting or contamination sump sludges from

the recovery of coke by-products produced from coal.

(T)

K145

Residues from naphthalene collection and recovery operations

from the recovery of coke by-products produced from coal.

(T)

K147

Tar storage tank residues from coal tar refining.

(T)

K148

Residues from coal tar distillation, including but not limited to,

still bottoms.

(T)

K149

Distillation bottoms from the production of

- (or methyl-)

chlorinated toluenes, ring-chlorinated toluenes, benzoyl

chlorides, and compounds with mixtures of these functional

groups. (This waste does not include still bottoms from the

distillation of benzyl chloride.)

(T)

108

K150

Organic residuals, excluding spent carbon adsorbent, from the

spent chlorine gas and hydrochloric acid recovery processes

associated with the production of

- (or methyl-) chlorinated

toluenes, ring-chlorinated toluenes, benzoyl chlorides, and

compounds with mixtures of these functional groups.

(T)

K151

Wastewater treatment sludges, excluding neutralization and

biological sludges, generated during the treatment of wastewaters

from the production of

- (or methyl-) chlorinated toluenes,

ring-chlorinated toluenes, benzoyl chlorides, and compounds

with mixtures of these functional groups.

(T)

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 721.138

Comparable or Syngas Fuel Exclusion

Wastes that meet the following comparable or syngas fuel requirements are not solid wastes:

Comparable fuel specifications.

Physical specifications.

Heating value. The heating value must exceed 5,000 Btu/lb

(11,500 J/g).

Viscosity. The viscosity must not exceed: 50 cs, as-fired.

Constituent specifications. For the compounds listed, the constituent

specification levels and minimum required detection limits (where non-

detect is the constituent specification) are set forth in the table at

subsection (d) of this Section.

Synthesis gas fuel specification. Synthesis gas fuel (i.e., syngas fuel) that is

generated from hazardous waste must fulfill the following requirements:

It must have a minimum Btu value of 100 Btu/Scf;

It must contain less than 1 ppmv of total halogen;

It must contain less than 300 ppmv of total nitrogen other than diatomic

nitrogen (N

);

It must contain less than 200 ppmv of hydrogen sulfide; and

It must contain less than 1 ppmv of each hazardous constituent in the

109

target list of Appendix H constituents.

Implementation. Waste that meets the comparable or syngas fuel specifications

provided by subsection (a) or (b) of this Section (these constituent levels must be

achieved by the comparable fuel when generated, or as a result of treatment or

blending, as provided in subsection (c)(3) or (c)(4) of this Section) is excluded

from the definition of solid waste provided that the following requirements are

met:

Notices. For purposes of this Section, the person claiming and qualifying

for the exclusion is called the comparable or syngas fuel generator and

the person burning the comparable or syngas fuel is called the

comparable or syngas burner. The person that generates the comparable

fuel or syngas fuel must claim and certify to the exclusion.

Notice to the Agency.

The generator must submit a one-time notice to the

Agency, certifying compliance with the conditions of the

exclusion and providing documentation as required by

subsection (c)(1)(A)(iii) of this Section;

ii)

If the generator is a company that generates comparable or

syngas fuel at more than one facility, the generator shall

specify at which sites the comparable or syngas fuel will

be generated;

iii)

A comparable or syngas fuel generator’s notification to the

Agency must contain the items listed in subsection

(c)(1)(C) of this Section.

Public notice. Prior to burning an excluded comparable or syngas

fuel, the burner must publish in a major newspaper of general

circulation local to the site where the fuel will be burned, a notice

entitled “Notification of Burning a Comparable or Syngas Fuel

Excluded Under the Resource Conservation and Recovery Act”

containing the following information:

The name, address, and USEPA identification number of

the generating facility;

ii)

The name and address of the unit(s) units that will burn the

comparable or syngas fuel;

iii)

A brief, general description of the manufacturing,

110

treatment, or other process generating the comparable or

syngas fuel;

iv)

An estimate of the average and maximum monthly and

annual quantity of the waste claimed to be excluded; and

The name and mailing address of the Agency office, to

which the claim was submitted.

Required content of comparable or syngas notification to the

Agency.

The name, address, and USEPA identification number of

the person or facility claiming the exclusion;

ii)

The applicable USEPA hazardous waste code(s) codes for

the hazardous waste;

iii)

The name and address of the units that meet the

requirements of subsection (c)(2) of this Section which that

will burn the comparable or syngas fuel; and

iv)

The following statement, signed and submitted by the

person claiming the exclusion or its authorized

representative:

Under penalty of criminal and civil prosecution for

making or submitting false statements,

representations, or omissions, I certify that the

requirements of 35 Ill. Adm. Code 721.138 have

been met for all waste identified in this

notification. Copies of the records and information

required by 35 Ill. Adm. Code 721.138(c)(10) are

available at the comparable or syngas fuel

generator’s facility. Based on my inquiry of the

individuals immediately responsible for obtaining

the information, the information is, to the best of

my knowledge and belief, true, accurate, and

complete. I am aware that there are significant

penalties for submitting false information, including

the possibility of fine and imprisonment for

knowing violations.

BOARD NOTE: Subsections (c)(1)(C)(i) through (c)(1)(C)(iv)

are derived from 40 CFR 261.138(c)(1)(i)(C)(

) and

111

(c)(1)(i)(C)(

), which the Board has codified here to comport with

Illinois Administrative Code format requirements.

Burning. The comparable or syngas fuel exclusion for fuels that meet the

requirements of subsection (a) or (b) and (c)(1) of this Section applies

only if the fuel is burned in the following units that also shall be subject to

federal, State, and local air emission requirements, including all

applicable federal Clean Air Act (CAA) maximum achievable control

technology (MACT) requirements:

Industrial furnaces, as defined in 35 Ill. Adm. Code 720.110;

Boilers, as defined in 35 Ill. Adm. Code 720.110, that are further

defined as follows:

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; or

ii)

Utility boilers used to produce electric power, steam,

heated or cooled air, or other gases or fluids for sale;

Hazardous waste incinerators subject to regulation under 35 Ill.

Adm. Code 724.Subpart O or 35 Ill. Adm. Code 725.Subpart O

or applicable CAA MACT standards.

Blending to meet the viscosity specification. A hazardous waste blended

to meet the viscosity specification must fulfill the following requirements:

As generated and prior to any blending, manipulation, or

processing, the waste must meet the constituent and heating value

specifications of subsections (a)(1)(A) and (a)(2) of this Section;

The waste must be blended at a facility that is subject to the

applicable requirements of 35 Ill. Adm. Code 724 and 725 or 35

Ill. Adm. Code 722.134; and

The waste must not violate the dilution prohibition of subsection

(c)(6) of this Section.

Treatment to meet the comparable fuel exclusion specifications.

A hazardous waste may be treated to meet the exclusion

specifications of subsections (a)(1) and (a)(2) of this Section

112

provided the treatment fulfills the following requirements:

The treatment destroys or removes the constituent listed in

the specification or raises the heating value by removing or

destroying hazardous constituents or materials;

ii)

The treatment is performed at a facility that is subject to

the applicable requirements of 35 Ill. Adm. Code 724 and

725 or 35 Ill. Adm. Code 722.134; and

iii)

The treatment does not violate the dilution prohibition of

subsection (c)(6) of this Section.

Residuals resulting from the treatment of a hazardous waste listed

in Subpart D of this Part to generate a comparable fuel remain a

hazardous waste.

Generation of a syngas fuel.

A syngas fuel can be generated from the processing of hazardous

wastes to meet the exclusion specifications of subsection (b) of this

Section provided the processing fulfills the following

requirements:

The processing destroys or removes the constituent listed

in the specification or raises the heating value by removing

or destroying constituents or materials;

ii)

The processing is performed at a facility that is subject to

the applicable requirements of 35 Ill. Adm. Code 724 and

725 or 35 Ill. Adm. Code 722.134 or is an exempt

recycling unit pursuant to Section 721.106(c); and

iii)

The processing does not violate the dilution prohibition of

subsection (c)(6) of this Section.

Residuals resulting from the treatment of a hazardous waste listed

in Subpart D of this Part to generate a syngas fuel remain a

hazardous waste.

Dilution prohibition for comparable and syngas fuels. No generator,

transporter, handler, or owner or operator of a treatment, storage, or

disposal facility shall in any way dilute a hazardous waste to meet the

exclusion specifications of subsection (a)(1)(A), (a)(2) or (b) of this

Section.

113

Waste analysis plans. The generator of a comparable or syngas fuel shall

develop and follow a written waste analysis plan which describes the

procedures for sampling and analysis of the hazardous waste to be

excluded. The waste analysis plan shall be developed in accordance with

the applicable sections of the “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods” (SW-846). The plan shall be followed and

retained at the facility excluding the waste.

At a minimum, the plan must specify the following:

The parameters for which each hazardous waste will be

analyzed and the rationale for the selection of those

parameters;

ii)

The test methods which that will be used to test for these

parameters;

iii)

The sampling method which that will be used to obtain a

representative sample of the waste to be analyzed;

iv)

The frequency with which the initial analysis of the waste

will be reviewed or repeated to ensure that the analysis is

accurate and up to date; and

If process knowledge is used in the waste determination,

any information prepared by the generator in making such

determination.

The waste analysis plan must also contain records of the

following:

The dates and times waste samples were obtained, and the

dates the samples were analyzed;

ii)

The names and qualifications of the person(s) persons who

obtained the samples;

iii)

A description of the temporal and spatial locations of the

samples;

iv)

The name and address of the laboratory facility at which

analyses of the samples were performed;

A description of the analytical methods used, including any

114

clean-up and sample preparation methods;

vi)

All quantitation limits achieved and all other quality control

results for the analysis (including method blanks, duplicate

analyses, matrix spikes, etc.), laboratory quality assurance

data, and description of any deviations from analytical

methods written in the plan or from any other activity

written in the plan which occurred;

vii)

All laboratory results demonstrating that the exclusion

specifications have been met for the waste; and

viii)

All laboratory documentation that supports the analytical

results, unless a contract between the claimant and the

laboratory provides for the documentation to be maintained

by the laboratory for the period specified in subsection

(c)(11) of this Section and also provides for the availability

of the documentation to the claimant upon request.

Syngas fuel generators shall submit for approval, prior to

performing sampling, analysis, or any management of a syngas

fuel as an excluded waste, a waste analysis plan containing the

elements of subsection (c)(7)(A) of this Section to the Agency.

The approval of waste analysis plans must be stated in writing and

received by the facility prior to sampling and analysis to

demonstrate the exclusion of a syngas. The approval of the waste

analysis plan may contain such provisions and conditions as the

regulatory authority deems appropriate.

Comparable fuel sampling and analysis.

General. For each waste for which an exclusion is claimed, the

generator of the hazardous waste must test for all the constituents

on Appendix H of this Part, except those that the generator

determines, based on testing or knowledge, should not be present

in the waste. The generator is required to document the basis of

each determination that a constituent should not be present. The

generator may not determine that any of the following categories

of constituents should not be present:

A constituent that triggered the toxicity characteristic for

the waste constituents that were the basis of the listing of

the waste stream, or constituents for which there is a

treatment standard for the waste code in 35 Ill. Adm. Code

728.140;

115

ii)

A constituent detected in previous analysis of the waste;

iii)

Constituents introduced into the process that generates the

waste; or

iv)

Constituents that are byproducts or side reactions to the

process that generates the waste.

Note to subsection (c)(8): Any claim under this Section must be valid

and accurate for all hazardous constituents; a determination not to test for

a hazardous constituent will not shield a generator from liability should

that constituent later be found in the waste above the exclusion

specifications.

For each waste for which the exclusion is claimed where the

generator of the comparable or syngas fuel is not the original

generator of the hazardous waste, the generator of the comparable

or syngas fuel may not use process knowledge pursuant to

subsection (c)(8)(A) of this Section and must test to determine that

all of the constituent specifications of subsections (a)(2) and (b) of

this Section have been met.

The comparable or syngas fuel generator may use any reliable

analytical method to demonstrate that no constituent of concern is

present at concentrations above the specification levels. It is the

responsibility of the generator to ensure that the sampling and

analysis are unbiased, precise, and representative of the waste.

For the waste to be eligible for exclusion, a generator must

demonstrate the following:

That each constituent of concern is not present in the waste

above the specification level at the 95 percent upper

confidence limit around the mean; and

ii)

That the analysis could have detected the presence of the

constituent at or below the specification level at the 95

percent upper confidence limit around the mean.

Nothing in this subsection (c)(8) preempts, overrides or otherwise

negates the provision in 35 Ill. Adm. Code 722.111 that requires

any person which generates a solid waste to determine if that

waste is a hazardous waste.

In an enforcement action, the burden of proof to establish

116

conformance with the exclusion specification shall be on the

generator claiming the exclusion.

The generator must conduct sampling and analysis in accordance

with its waste analysis plan developed under subsection (c)(7) of

this Section.

Syngas fuel and comparable fuel that has not been blended in

order to meet the kinematic viscosity specifications must be

analyzed as generated.

If a comparable fuel is blended in order to meet the kinematic

viscosity specifications, the generator shall undertake the following

actions:

Analyze the fuel as generated to ensure that it meets the

constituent and heating value specifications; and

ii)

After blending, analyze the fuel again to ensure that the

blended fuel continues to meet all comparable or syngas

fuel specifications.

Excluded comparable or syngas fuel must be re-tested retested, at

a minimum, annually and must be retested after a process change

that could change the chemical or physical properties of the waste.

Note to subsection (c)(8): Any claim under this Section must be valid

and accurate for all hazardous constituents; a determination not to test for

a hazardous constituent will not shield a generator from liability should

that constituent later be found in the waste above the exclusion

specifications.

Speculative accumulation. Any persons handling a comparable or syngas

fuel are subject to the speculative accumulation test under Section

721.102(c)(4).

10)

Records. The generator must maintain records of the following

information on-site:

All information required to be submitted to the implementing

authority as part of the notification of the claim:

The owner or operator name, address, and RCRA facility

USEPA identification number of the person claiming the

exclusion;

117

ii)

The applicable USEPA hazardous waste codes for each

hazardous waste excluded as a fuel; and

iii)

The certification signed by the person claiming the

exclusion or his authorized representative.;

A brief description of the process that generated the hazardous

waste and process that generated the excluded fuel, if not the

same;

An estimate of the average and maximum monthly and annual

quantities of each waste claimed to be excluded;

Documentation for any claim that a constituent is not present in

the hazardous waste as required under subsection (c)(8)(A) of this

Section;

The results of all analyses and all detection limits achieved as

required under subsection (c)(8) of this Section;

If the excluded waste was generated through treatment or

blending, documentation as required under subsection (c)(3) or

(c)(4) of this Section;

If the waste is to be shipped off-site, a certification from the

burner as required under subsection (c)(12) of this Section;

A waste analysis plan and the results of the sampling and analysis

that includes the following:

The dates and times waste samples were obtained, and the

dates the samples were analyzed;

ii)

The names and qualifications of the person(s) persons that

obtained the samples;

iii)

A description of the temporal and spatial locations of the

samples;

iv)

The name and address of the laboratory facility at which

analyses of the samples were performed;

A description of the analytical methods used, including any

clean-up and sample preparation methods;

118

vi)

All quantitation limits achieved and all other quality control

results for the analysis (including method blanks, duplicate

analyses, matrix spikes, etc.), laboratory quality assurance

data, and description of any deviations from analytical

methods written in the plan or from any other activity

written in the plan which occurred;

vii)

All laboratory analytical results demonstrating that the

exclusion specifications have been met for the waste; and

viii)

All laboratory documentation that supports the analytical

results, unless a contract between the claimant and the

laboratory provides for the documentation to be maintained

by the laboratory for the period specified in subsection

(c)(11) of this Section and also provides for the availability

of the documentation to the claimant upon request; and

If the generator ships comparable or syngas fuel off-site for

burning, the generator shall retain for each shipment the following

information on-site:

The name and address of the facility receiving the

comparable or syngas fuel for burning;

ii)

The quantity of comparable or syngas fuel shipped and

delivered;

iii)

The date of shipment or delivery;

iv)

A cross-reference to the record of comparable or syngas

fuel analysis or other information used to make the

determination that the comparable or syngas fuel meets the

specifications as required under subsection (c)(8) of this

Section; and

A one-time certification by the burner as required under

subsection (c)(12) of this Section.

11)

Records retention. Records must be maintained for the period of three

years. A generator shall maintain a current waste analysis plan during

that three year period.

12)

Burner certification. Prior to submitting a notification to the Agency, a

comparable or syngas fuel generator that intends to ship their fuel off-site

119

for burning must obtain a one-time written, signed statement from the

burner that includes the following:

A certification that the comparable or syngas fuel will only be

burned in an industrial furnace or boiler, utility boiler, or

hazardous waste incinerator, as required under subsection (c)(2)

of this Section;

Identification of the name and address of the units that will burn

the comparable or syngas fuel; and

A certification that the state in which the burner is located is

authorized to exclude wastes as comparable or syngas fuel under

the provisions of this Section.

13)

Ineligible waste codes. Wastes that are listed because of presence of

dioxins or furans, as set out in Appendix G of this Part, are not eligible

for this exclusion, and any fuel produced from or otherwise containing

these wastes remains a hazardous waste subject to full RCRA hazardous

waste management requirements.

Table Y of this Part sets forth the table of detection and detection limit values for

comparable fuel specification:

Chemical name

CAS No

Concentration

limit (mg/kg at

10,000 Btu/lb)

Minimum re-

quired detection

limit (mg/kg)

Total Nitrogen as N

4900

Total Halogens as Cl

540

Total Organic Halogens as

25 or individual

halogenated

organics listed

below.

Polychlorinated biphenyls,

total [Arocolors, total]

1336-36-3

Non-detect

1.4

Cyanide, total

57-12-5

Non-detect

1.0

Metals:

Antimony, total

7440-36-0

7.9

Arsenic, total

7440-38-2

0.23

Barium, total

7440-39-3

Beryllium, total

7440-41-7

1.2

Cadmium, total

7440-43-9

1.2

Chromium, total

7440-47-3

2.3

Cobalt

7440-48-4

4.6

120

Lead, total

7439-92-1

Manganese

7439-96-5

1.2

Mercury, total

7439-97-6

0.24

Nickel, total

7440-02-0

Selenium, total

7782-49-2

0.15

Silver, total

7440-22-4

2.3

Thallium, total

7440-28-0

Hydrocarbons:

Benzo[a]anthracene

56-55-3

1100

Benzene

71-43-2

4100

Benzo[b]fluoranthene

205-99-2

960

Benzo[k]fluoranthene

207-08-9

1900

Benzo[a]pyrene

50-32-8

960

Chrysene

218-01-9

1400

Dibenzo[a,h]anthracene

53-70-3

960

7,12-Dimethylbenz[a]-

anthracene

57-97-6

1900

Fluoranthene

206-44-0

1900

Indeno(1,2,3-cd)pyrene

193-39-5

960

3-Methylcholanthrene

56-49-5

1900

Naphthalene

91-20-3

3200

Toluene

108-88-3

36000

Oxygetes:

Acetophenone

98-86-2

1900

Acrolein

107-02-8

Allyl alcohol

107-18-6

Bis(2-ethylhexyl)-

phthalate [Di-2-ethyl-

hexyl phthalate]

117-81-7

1900

Butyl benzyl phthalate

85-68-7

1900

o-Cresol [2-Methyl

phenol]

95-48-7

220

m-Cresol [3-Methyl

phenol]

108-39-4

220

p-Cresol [4-Methyl

phenol]

106-44-5

220

Di-n-butyl phthalate

84-74-2

1900

Diethyl phthalate

84-66-2

1900

2,4-Dimethylphenol

105-67-9

1900

Dimethyl phthalate

131-11-3

1900

Di-n-octyl phthalate

117-84-0

960

Endothall

145-73-3

100

Ethyl methacrylate

97-63-2

121

2-Ethoxyethanol

[Ethylene glycol

monoethyl ether].

110-80-5

100

Isobutyl alcohol

78-83-1

Isosafrole

120-58-1

1900

Methyl ethyl ketone [2-

Butanone]

78-93-3

37.

Methyl methacrylate

80-62-6

37.

1,4-Naphthoquinone

130-15-4

1900.

Phenol

108-95-2

1900.

Propargyl alcohol [2-

Propyn-l-ol]

107-19-7

30.

Safrole

94-59-7

1900.

Sulfonated Organics:

Carbon disulfide

75-15-0

Non-detect

Disulfoton

298-04-4

Non-detect

1900

Ethyl methanesulfonate

62-50-0

Non-detect

1900

Methyl methane-

sulfonate

66-27-3

Non-detect

1900

Phorate

298-02-2

Non-detect

1900

1,3-Propane sultone

1120-71-4

Non-detect

100

Tetraethyldithiopyro-

phosphate [Sulfotepp]

3689-24-5

Non-detect

1900

Thiophenol [Benzene-

thiol]

108-98-5

Non-detect

O,O,O-Triethyl

phosphorothioate

126-68-1

Non-detect

1900

Nitrogenated Organics:

Acetonitrile [Methyl

cyanide]

75-05-8

Non-detect

2-Acetylaminofluorene

[2-AAF]

53-96-3

Non-detect

1900

Acrylonitrile

107-13-1

Non-detect

4-Aminobiphenyl

92-67-1

Non-detect

1900

4-Aminopyridine

504-24-5

Non-detect

100

Aniline

62-53-3

Non-detect

1900

Benzidine

92-87-5

Non-detect

1900

Dibenz[a,j]acridine

224-42-0

Non-detect

1900

O,O-Diethyl O-

pyrazinyl phophoro-

thioate [Thionazin].

297-97-2

Non-detect

1900

Dimethoate

60-51-5

Non-detect

1900

122

p-(Dimethylamino)azo-

benzene [4-Dimethyl-

aminoazobenzene].

60-11-7

Non-detect

1900

3,3'-Dimethylbenzidine

119-93-7

Non-detect

1900

a,a-Dimethylphenethyl-

amine.

122-09-8

Non-detect

1900

3,3'-Dimethoxy-

benzidine

119-90-4

Non-detect

100

1,3-Dinitrobenzene [m-

Dinitrobenzene]

99-65-0

Non-detect

1900

4,6-Dinitro-o-cresol

534-52-1

Non-detect

1900

2,4-Dinitrophenol

51-28-5

Non-detect

1900

2,4-Dinitrotoluene

121-14-2

Non-detect

1900

2,6-Dinitrotoluene

606-20-2

Non-detect

1900

Dinoseb [2-sec-Butyl-

4,6-dinitrophenol]

88-85-7

Non-detect

1900

Diphenylamine

122-39-4

Non-detect

1900

Ethyl carbamate

[Urethane]

51-79-6

Non-detect

100

Ethylenethiourea (2-

Imidazolidinethione)

96-45-7

Non-detect

110

Famphur

52-85-7

Non-detect

1900

Methacrylonitrile

126-98-7

Non-detect

Methapyrilene

91-80-5

Non-detect

1900

Methomyl

16752-77-5

Non-detect

2-Methyllactonitrile

[Acetone cyanohydrin].

75-86-5

Non-detect

100

Methyl parathion

298-00-0

Non-detect

1900

MNNG (N-Metyl-N-

nitroso-N’-nitro-

guanidine)

70-25-7

Non-detect

110

1-Naphthylamine, [

Naphthylamine]

134-32-7

Non-detect

1900

2-Naphthylamine, [

Naphthylamine]

91-59-8

Non-detect

1900

Nicotine

54-11-5

Non-detect

100

4-Nitroaniline, [p-

Nitroaniline]

100-01-6

Non-detect

1900

Nitrobenzene

98-95-3

Non-detect

1900

p-Nitrophenol, [p-

Nitrophenol]

100-02-7

Non-detect

1900

5-Nitro-o-toluidine

99-55-8

Non-detect

1900

123

N-Nitrosodi-n-butyl-

amine

924-16-3

Non-detect

1900

N-Nitrosodiethylamine

55-18-5

Non-detect

1900

N-Nitrosodiphenyl-

amine, [Diphenylnitros-

amine]

86-30-6

Non-detect

1900

N-Nitroso-N-methyl-

ethylamine

10595-95-6

Non-detect

1900

N-Nitrosomorpholine

59-89-2

Non-detect

1900

N-Nitrosopiperidine

100-75-4

Non-detect

1900

N-Nitrosopyrrolidine

930-55-2

Non-detect

1900

2-Nitropropane

79-46-9

Non-detect

Parathion

56-38-2

Non-detect

1900

Phenacetin

62-44-2

Non-detect

1900

1,4-Phenylene diamine,

[p-Phenylenediamine]

106-50-3

Non-detect

1900

N-Phenylthiourea

103-85-5

Non-detect

2-Picoline [alpha-

Picoline]

109-06-8

Non-detect

1900

Propythioracil [6-

Propyl-2-thiouracil]

51-52-5

Non-detect

100

Pyridine

110-86-1

Non-detect

1900

Strychnine

57-24-9

Non-detect

100

Thioacetamide

62-55-5

Non-detect

Thiofanox

39196-18-4

Non-detect

100

Thiourea

62-56-6

Non-detect

Toluene-2,4-diamine

[2,4-Diaminotoluene]

95-80-7

Non-detect

Toluene-2,6-diamine

[2,6-Diaminotoluene]

823-40-5

Non-detect

o-Toluidine

95-53-4

Non-detect

2200

p-Toluidine

106-49-0

Non-detect

100

1,3,5-Trinitrobenzne,

[sym-Trinitobenzene]

99-35-4

Non-detect

2000

Halogenated Organics

Allyl chloride

107-05-1

Non-detect

Aramite

104-57-8

Non-detect

1900

Benzal chloride [Di-

chloromethyl benzene]

98-87-3

Non-detect

100

Benzyl chloride

100-44-77

Non-detect

100

Bis(2-chloroethyl)ether

[Dichloroethyl ether]

111-44-4

Non-detect

1900

124

Bromoform [Tribromo-

methane]

75-25-2

Non-detect

Bromomethane [Methyl

bromide]

74-83-9

Non-detect

4-Bromophenyl phenyl

ether [p-Bromodiphenyl

ether]

101-55-3

Non-detect

1900

Carbon tetrachloride

56-23-5

Non-detect

Chlordane

57-74-9

Non-detect

p-Chloroaniline

106-47-8

Non-detect

1900

Chlorobenzene

108-90-7

Non-detect

Chlorobenzilate

510-15-6

Non-detect

1900

p-Chloro-m-cresol

59-50-7

Non-detect

1900

2-Chloroethyl vinyl

ether

110-75-8

Non-detect

Chloroform

67-66-3

Non-detect

Chloromethane [Methyl

chloride]

74-87-3

Non-detect

2-Chlorophthalene

[beta-Chlorophthalene]

91-58-7

Non-detect

1900

2-Chlorophenol [o-

Chlorophenol]

95-57-8

Non-detect

1900

Chloroprene [2-Chloro-

1,3-butadiene]

1126-99-8

Non-detect

2,4-D [2,4-Dichloro-

phenoxyacetic acid]

94-75-7

Non-detect

7.0

Diallate

2303-16-4

Non-detect

1900

1,2-Dibromo-3-chloro-

propane

96-12-8

Non-detect

1,2-Dichlorobenzene

[o-Dichlorobenzene]

95-50-1

Non-detect

1900

1,3-Dichlorobenzene

[m-Dichlorobenzene]

541-73-1

Non-detect

1900

1,4-Dichlorobenzene

[p-Dichlorobenzene]

106-46-7

Non-detect

1900

3,3'-Dichlorobenzidine

91-94-1

Non-detect

1900

Dichlorodifluoro-

methane [CFC-12]

75-71-8

Non-detect

1,2-Dichloroethane

[Ethylene dichloride]

107-06-2

Non-detect

1,1-Dichloroethylene

[Vinylidene chloride]

75-35-4

Non-detect

125

Dichloromethoxy

ethane [Bis(2-chloro-

ethoxy)methane

111-91-1

Non-detect

1900

2,4-Dichlorophenol

120-83-2

Non-detect

1900

2,6-Dichlorophenol

87-65-0

Non-detect

1900

1,2-Dichloropropane

[Propylene dichloride]

78-87-5

Non-detect

cis-1,3-Dichloro-

propylene

10061-01-5

Non-detect

trans-1,3-Dichloro-

propylene

10061-02-6

Non-detect

1,3-Dichloro-2-

propanol

96-23-1

Non-detect

Endosulfan I

959-98-8

Non-detect

1.4

Endosulfan II

33213-65-9

Non-detect

1.4

Endrin

72-20-8

Non-detect

1.4

Endrin aldehyde

7421-93-4

Non-detect

1.4

Endrin Ketone

53494-70-5

Non-detect

1.4

Epichlorohydrin [1-

Chloro-2,3-epoxy

propane]

106-89-8

Non-detect

Ethylidene dichloride

[1,1-Dichloroethane]

75-34-3

Non-detect

2-Fluoroacetamide

640-19-7

Non-detect

100

Heptachlor

76-44-8

Non-detect

1.4

Heptachlor epoxide

1024-57-3

Non-detect

2.8

Hexachlorobenzene

118-74-1

Non-detect

1900

Hexachloro-1,3-buta-

diene [Hexachlorobuta-

diene]

87-68-3

Non-detect

1900

Hexachlorocyclopenta-

diene

77-47-4

Non-detect

1900

Hexachloroethane

67-72-1

Non-detect

1900

Hexachlorophene

70-30-4

Non-detect

1000

Hexachloropropene

[Hexachloropropylene]

1888-71-7

Non-detect

1900

Isodrin

465-73-6

Non-detect

1900

Kepone [Chlordecone]

143-50-0

Non-detect

3600

Lindane [gamma-Hexa-

chlorocyclohexane]

[gamma-BHC]

58-89-9

non-detect

1.4

Methylene chloride

[Dichloromethane]

75-09-2

non-detect

126

4,4'-methylene-bis(2-

chloroaniline)

101-14-4

non-detect

100

Methyl iodide [Iodo-

methane]

74-88-4

non-detect

Pentachlorobenzene

608-93-5

non-detect

1900

Pentachloroethane

76-01-7

non-detect

Pentachloronitro-

benzene [PCNB]

[Quintobenzene]

[Quintozene]

82-68-8

non-detect

1900

Pentachlorophenol

87-86-5

non-detect

1900

Pronamide

23950-58-5

non-detect

1900

Silvex [2,4,5-Trichloro-

phenoxypropionic acid]

93-72-1

non-detect

7.0

2,3,7,8-Tetrachloro-

dibenzo-p-dioxin

[2,3,7,8-TCDD]

1746-01-6

non-detect

1,2,4,5-Tetrachloro-

benzene

95-94-3

non-detect

1900

1,1,2,2-Tetrachloro-

ethane

79-34-5

non-detect

Tetrachloroethylene

[Perchloroethylene]

127-18-4

non-detect

2,3,4,6-Tetrachloro-

phenol

58-90-2

non-detect

1900

1,2,4-Trichlorobenzene

120-82-1

non-detect

1900

1,1,1-Trichloroethane

[Methyl chloroform]

71-55-6

non-detect

1,1,2-Trichloroethane

[Vinyl trichloride]

79-00-5

non-detect

Trichloroethylene

79-01-6

non-detect

Trichlorofluoromethane

[Trichloromonofluoro-

methane]

75-69-4

non-detect

2,4,5-Trichlorophenol

95-95-4

non-detect

1900

2,4,6-Trichlorophenol

88-06-2

non-detect

1900

1,2,3-Trichloropropane

96-18-4

non-detect

Vinyl Chloride

75-01-4

non-detect

Absence of PCBs can also be demonstrated by using appropriate screening

methods, e.g., immunoassay kit for PCB in oils (Method 4020) or colorimetric

analysis for PCBs in oil (Method 9079).

Some minimum required detection limits are above the total halogen limit of

127

540 ppm. The detection limits reflect what was achieved during USEPA testing

and analysis and also analytical complexity associated with measuring all halogen

compounds on Appendix H of this Part at low levels. USEPA stated that it

recognizes that in practice the presence of these compounds will be functionally

limited by the molecular weight and the total halogen limit of 540 ppm.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

Section 721.Appendix Y Table to Section 721.138

Chemical name

CAS No

Composite

value

(mg/kg)

Heating

value

(BTU/lb)

Concentra-

tion limit

(mg/kg at

10,000

Btu/lb)

Minimum

required

detection

limit

(mg/kg)

Total Nitrogen as N

9000

18400

4900

Total Halogens as Cl

1000

18400

540

Total Organic Halogens as

(Note 1)

Polychlorinated biphenyls,

total [Arocolors, total]

1336-36-3

1.4

Cyanide, total

57-12-5

1.0

Metals:

Antimony, total

7440-36-0

Arsenic, total

7440-38-2

0.23

Barium, total

7440-39-3

Beryllium, total

7440-41-7

1.2

Cadmium, total

7440-43-9

1.2

Chromium, total

7440-47-3

2.3

Cobalt

7440-48-4

4.6

Lead, total

7439-92-1

18100

Manganese

7439-96-5

1.2

Mercury, total

7439-97-6

0.25

Nickel, total

7440-02-0

106

18400

Selenium, total

7782-49-2

0.23

Silver, total

7440-22-4

2.3

Thallium, total

7440-28-0

Hydrocarbons:

Benzo[a]anthracene

56-55-3

2400

Benzene

71-43-2

8000

19600

4100

Benzo[b]fluoranthene

205-99-2

2400

Benzo[k]fluoranthene

207-08-9

2400

Benzo[a]pyrene

50-32-8

2400

128

Chrysene

218-01-9

2400

Dibenzo[a,h]anthracene

53-70-3

2400

7,12-Dimethylbenz[a]-

anthracene

57-97-6

2400

Fluoranthene

206-44-0

2400

Indeno(1,2,3-cd)pyrene

193-39-5

2400

3-Methylcholanthrene

56-49-5

2400

Naphthalene

91-20-3

6200

19400

3200

Toluene

108-88-3

69000

19400

36000

Oxygetes:

Acetophenone

98-86-2

2400

Acrolein

107-02-8

Allyl alcohol

107-18-6

Bis(2-ethylhexyl)-

phthalate [Di-2-ethyl-

hexyl phthalate]

117-81-7

2400

Butyl benzyl phthalate

85-68-7

2400

o-Cresol [2-Methyl

phenol]

95-48-7

2400

m-Cresol [3-Methyl

phenol]

108-39-4

2400

p-Cresol [4-Methyl

phenol]

106-44-5

2400

Di-n-butyl phthalate

84-74-2

2400

Diethyl phthalate

84-66-2

2400

2,4-Dimethylphenol

105-67-9

2400

Dimethyl phthalate

131-11-3

2400

Di-n-octyl phthalate

117-84-0

2400

Endothall

145-73-3

100

Ethyl methacrylate

97-63-2

2-Ethoxyethanol

[Ethylene glycol

monoethyl ether].

110-80-5

100

Isobutyl alcohol

78-83-1

Isosafrole

120-58-1

1900

Methyl ethyl ketone [2-

Butanone]

78-93-3

Methyl methacrylate

80-62-6

1,4-Naphthoquinone

130-15-4

2400

Phenol

108-95-2

2400

Propargyl alcohol [2-

Propyn-l-ol]

107-19-7

30.

Safrole

94-59-7

2400

129

Sulfonated Organics:

Carbon disulfide

75-15-0

Disulfoton

298-04-4

2400

Ethyl methanesulfonate

62-50-0

2400

Methyl methane-

sulfonate

66-27-3

2400

Phorate

298-02-2

2400

1,3-Propane sultone

1120-71-4

100

Tetraethyldithiopyro-

phosphate [Sulfotepp]

3689-24-5

2400

Thiophenol [Benzene-

thiol]

108-98-5

O,O,O-Triethyl

phosphorothioate

126-68-1

2400

Nitrogenated Organics:

Acetonitrile [Methyl

cyanide]

75-05-8

2-Acetylaminofluorene

[2-AAF]

53-96-3

2400

Acrylonitrile

107-13-1

4-Aminobiphenyl

92-67-1

2400

4-Aminopyridine

504-24-5

100

Aniline

62-53-3

2400

Benzidine

92-87-5

2400

Dibenz[a,j]acridine

224-42-0

2400

O,O-Diethyl O-

pyrazinyl phophoro-

thioate [Thionazin].

297-97-2

2400

Dimethoate

60-51-5

2400

p-(Dimethylamino)azo-

benzene [4-Dimethyl-

aminoazobenzene].

60-11-7

2400

3,3'-Dimethylbenzidine

119-93-7

2400

a,a-Dimethylphenethyl-

amine.

122-09-8

2400

3,3'-Dimethoxy-

benzidine

119-90-4

100

1,3-Dinitrobenzene [m-

Dinitrobenzene]

99-65-0

2400

4,6-Dinitro-o-cresol

534-52-1

2400

2,4-Dinitrophenol

51-28-5

2400

2,4-Dinitrotoluene

121-14-2

2400

2,6-Dinitrotoluene

606-20-2

2400

130

Dinoseb [2-sec-Butyl-

4,6-dinitrophenol]

88-85-7

2400

Diphenylamine

122-39-4

2400

Ethyl carbamate

[Urethane]

51-79-6

100

Ethylenethiourea (2-

Imidazolidinethione)

96-45-7

110

Famphur

52-85-7

2400

Methacrylonitrile

126-98-7

Methapyrilene

91-80-5

2400

Methomyl

16752-77-5

2-Methyllactonitrile

[Acetone cyanohydrin].

75-86-5

100

Methyl parathion

298-00-0

2400

MNNG (N-Metyl-N-

nitroso-N’-nitro-

guanidine)

70-25-7

110

1-Naphthylamine, [

Naphthylamine]

134-32-7

2400

2-Naphthylamine, [

Naphthylamine]

91-59-8

2400

Nicotine

54-11-5

100

4-Nitroaniline, [p-

Nitroaniline]

100-01-6

240

Nitrobenzene

98-95-3

2400

p-Nitrophenol, [p-

Nitrophenol]

100-02-7

2400

5-Nitro-o-toluidine

99-55-8

2400

N-Nitrosodi-n-butyl-

amine

924-16-3

2400

N-Nitrosodiethylamine

55-18-5

2400

N-Nitrosodiphenyl-

amine, [Diphenylnitros-

amine]

86-30-6

2400

N-Nitroso-N-methyl-

ethylamine

10595-95-6

2400

N-Nitrosomorpholine

59-89-2

2400

N-Nitrosopiperidine

100-75-4

2400

N-Nitrosopyrrolidine

930-55-2

2400

2-Nitropropane

79-46-9

Parathion

56-38-2

2400

Phenacetin

62-44-2

2400

131

1,4-Phenylene diamine,

[p-Phenylenediamine]

106-50-3

2400

N-Phenylthiourea

103-85-5

2-Picoline [alpha-

Picoline]

109-06-8

2400

Propythioracil [6-

Propyl-2-thiouracil]

51-52-5

100

Pyridine

110-86-1

2400

Strychnine

57-24-9

100

Thioacetamide

62-55-5

Thiofanox

39196-18-4

100

Thiourea

62-56-6

Toluene-2,4-diamine

[2,4-Diaminotoluene]

95-80-7

Toluene-2,6-diamine

[2,6-Diaminotoluene]

823-40-5

o-Toluidine

95-53-4

2400

p-Toluidine

106-49-0

100

1,3,5-Trinitrobenzne,

[sym-Trinitobenzene]

99-35-4

2400

Halogenated Organics:

Allyl chloride

107-05-1

Aramite

104-57-8

2400

Benzal chloride [Di-

chloromethyl benzene]

98-87-3

100

Benzyl chloride

100-44-77

100

Bis(2-chloroethyl)ether

[Dichloroethyl ether]

111-44-4

2400

Bromoform [Tribromo-

methane]

75-25-2

Bromomethane [Methyl

bromide]

74-83-9

4-Bromophenyl phenyl

ether [p-Bromodiphenyl

ether]

101-55-3

2400

Carbon tetrachloride

56-23-5

Chlordane

57-74-9

p-Chloroaniline

106-47-8

2400

Chlorobenzene

108-90-7

Chlorobenzilate

510-15-6

2400

p-Chloro-m-cresol

59-50-7

2400

2-Chloroethyl vinyl

ether

110-75-8

132

Chloroform

67-66-3

Chloromethane [Methyl

chloride]

74-87-3

2-Chlorophthalene

[beta-Chlorophthalene]

91-58-7

2400

2-Chlorophenol [o-

Chlorophenol]

95-57-8

2400

Chloroprene [2-Chloro-

1,3-butadiene]

1126-99-8

2,4-D [2,4-Dichloro-

phenoxyacetic acid]

94-75-7

7.0

Diallate

2303-16-4

2400

1,2-Dibromo-3-chloro-

propane

96-12-8

1,2-Dichlorobenzene

[o-Dichlorobenzene]

95-50-1

2400

1,3-Dichlorobenzene

[m-Dichlorobenzene]

541-73-1

2400

1,4-Dichlorobenzene

[p-Dichlorobenzene]

106-46-7

2400

3,3'-Dichlorobenzidine

91-94-1

2400

Dichlorodifluoro-

methane [CFC-12]

75-71-8

1,2-Dichloroethane

[Ethylene dichloride]

107-06-2

1,1-Dichloroethylene

[Vinylidene chloride]

75-35-4

Dichloromethoxy

ethane [Bis(2-chloro-

ethoxy)methane

111-91-1

2400

2,4-Dichlorophenol

120-83-2

2400

2,6-Dichlorophenol

87-65-0

2400

1,2-Dichloropropane

[Propylene dichloride]

78-87-5

cis-1,3-Dichloro-

propylene

10061-01-5

trans-1,3-Dichloro-

propylene

10061-02-6

1,3-Dichloro-2-

propanol

96-23-1

Endosulfan I

959-98-8

1.4

Endosulfan II

33213-65-9

1.4

Endrin

72-20-8

1.4

Endrin aldehyde

7421-93-4

1.4

133

Endrin Ketone

53494-70-5

1.4

Epichlorohydrin [1-

Chloro-2,3-epoxy

propane]

106-89-8

Ethylidene dichloride

[1,1-Dichloroethane]

75-34-3

2-Fluoroacetamide

640-19-7

100

Heptachlor

76-44-8

1.4

Heptachlor epoxide

1024-57-3

2.8

Hexachlorobenzene

118-74-1

2400

Hexachloro-1,3-buta-

diene [Hexachlorobuta-

diene]

87-68-3

2400

Hexachlorocyclopenta-

diene

77-47-4

2400

Hexachloroethane

67-72-1

2400

Hexachlorophene

70-30-4

59000

Hexachloropropene

[Hexachloropropylene]

1888-71-7

2400

Isodrin

465-73-6

2400

Kepone [Chlordecone]

143-50-0

4700

Lindane [gamma-Hexa-

chlorocyclohexane]

[gamma-BHC]

58-89-9

1.4

Methylene chloride

[Dichloromethane]

75-09-2

4,4'-methylene-bis(2-

chloroaniline)

101-14-4

100

Methyl iodide [Iodo-

methane]

74-88-4

Pentachlorobenzene

608-93-5

2400

Pentachloroethane

76-01-7

Pentachloronitro-

benzene [PCNB]

[Quintobenzene]

[Quintozene]

82-68-8

2400

Pentachlorophenol

87-86-5

2400

Pronamide

23950-58-5

2400

Silvex [2,4,5-Tri-

chlorophenoxy-

propionic acid]

93-72-1

7.0

2,3,7,8-Tetrachloro-

dibenzo-p-dioxin

[2,3,7,8-TCDD]

1746-01-6

134

1,2,4,5-Tetrachloro-

benzene

95-94-3

2400

1,1,2,2-Tetrachloro-

ethane

79-34-5

Tetrachloroethylene

[Perchloroethylene]

127-18-4

2,3,4,6-Tetrachloro-

phenol

58-90-2

2400

1,2,4-Trichlorobenzene

120-82-1

2400

1,1,1-Trichloroethane

[Methyl chloroform]

71-55-6

1,1,2-Trichloroethane

[Vinyl trichloride]

79-00-5

Trichloroethylene

79-01-6

Trichlorofluoromethane

[Trichloromonofluoro-

methane]

75-69-4

2,4,5-Trichlorophenol

95-95-4

2400

2,4,6-Trichlorophenol

88-06-2

2400

1,2,3-Trichloropropane

96-18-4

Vinyl Chloride

75-01-4

NA means not applicable.

ND means nondetect.

Note 1: 25 (mg/kg at 10,000 Btu/lb) as organic halogen or as the individual halogenated

organics listed in the table at the levels indicated.

(Source: Added at 24 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 722

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS

WASTE

SUBPART A: GENERAL

Section

722.110

Purpose, Scope and Applicability

722.111

Hazardous Waste Determination

722.112

USEPA Identification Numbers

135

SUBPART B: THE MANIFEST

Section

722.120

General Requirements

722.121

Acquisition of Manifests

722.122

Number of Copies

722.123

Use of the Manifest

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section

722.130

Packaging

722.131

Labeling

722.132

Marking

722.133

Placarding

722.134

Accumulation Time

SUBPART D: RECORDKEEPING AND REPORTING

Section

722.140

Recordkeeping

722.141

Annual Reporting

722.142

Exception Reporting

722.143

Additional Reporting

722.144

Special Requirements for Generators of between 100 and 1000 kilograms per

month

SUBPART E: EXPORTS OF HAZARDOUS WASTE

Section

722.150

Applicability

722.151

Definitions

722.152

General Requirements

722.153

Notification of Intent to Export

722.154

Special Manifest Requirements

722.155

Exception Report

722.156

Annual Reports

722.157

Recordkeeping

722.158

International Agreements

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section

722.160

Imports of Hazardous Waste

SUBPART G: FARMERS

Section

722.170

Farmers

136

SUBPART H: TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE

FOR RECOVERY WITHIN THE OECD

Section

722.180

Applicability

722.181

Definitions

722.182

General Conditions

722.183

Notification and Consent

722.184

Tracking Document

722.185

Contracts

722.186

Provisions Relating to Recognized Traders

722.187

Reporting and Recordkeeping

722.189

OECD Waste Lists

722.Appendix A

Hazardous Waste Manifest

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;

amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;

amended in R82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective February 22, 1983; amended in

R84-9 at 9 Ill. Reg. 11950, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1131,

effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14112, effective August 12, 1986;

amended in R86-19 at 10 Ill. Reg. 20709, effective December 2, 1986; amended in R86-46 at

11 Ill. Reg. 13555, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19392, effective

November 12, 1987; amended in R87-39 at 12 Ill. Reg. 13129, effective July 29, 1988;

amended in R88-16 at 13 Ill. Reg. 452, effective December 27, 1988; amended in R89-1 at 13

Ill. Reg. 18523, effective November 13, 1989; amended in R90-10 at 14 Ill. Reg. 16653,

effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9644, effective June 17,

1991; amended in R91-1 at 15 Ill. Reg. 14562, 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. 17696, effective

November 6, 1992; amended in R93-4 at 17 Ill. Reg. 20822, effective November 22, 1993;

amended in R95-6 at 19 Ill. Reg. 9935, effective June 27, 1995; amended in R95-20 at 20 Ill.

Reg. 11236, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 603,

effective December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17950, effective

September 28, 1998; amended in R00-5 at 24 Ill. Reg. ________, effective

______________________; amended in R00-13 at 24 Ill. Reg. ________, effective

______________________.

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section 722.134

Accumulation Time

Except as provided in subsection (d), (e), or (f) of this Section, a generator is

137

exempt from all the requirements in 35 Ill. Adm. Code 725.Subparts G and H,

except for 35 Ill. Adm. Code 725.211 and 725.214, and may accumulate

hazardous waste on-site for 90 days or less without a permit or without having

interim status, provided that the following conditions are fulfilled:

The waste is placed in or on one of the following:

In containers, and the generator complies with 35 Ill. Adm. Code

725.Subparts I, AA, BB, and CC;

In tanks, and the generator complies with 35 Ill. Adm. Code

725.Subparts J, AA, BB, and CC, except 35 Ill. Adm. Code

725.297(c) and 725.300;

On drip pads, and the generator complies with 35 Ill. Adm. Code

725.Subpart W and maintains the following records at the facility:

A description of the procedures that will be followed to

ensure that all wastes are removed from the drip pad and

associated collection system at least once every 90 days,

and

ii)

Documentation of each waste removal, including the

quantity of waste removed from the drip pad and the sump

or collection system and the date and time of removal; or

In containment buildings, and the generator complies with 35 Ill.

Adm. Code 725.Subpart DD (has placed its Professional Engineer

(PE) certification that the building complies with the design

standards specified in 35 Ill. Adm. Code 725.1101 in the facility’s

operating record prior to the date of initial operation of the unit).

The owner or operator shall maintain the following records at the

facility:

A written description of procedures to ensure that each

waste volume remains in the unit for no more than 90

days, a written description of the waste generation and

management practices for the facility showing that they are

consistent with respecting respect to the 90 day limit, and

documentation that the procedures are complied with; or

ii)

Documentation that the unit is emptied at least once every

90 days;

BOARD NOTE: The “in addition” hanging subsection that appears in

138

the Federal rules after 40 CFR 262.34(a)(1)(iv)(B) is in the introduction

to subsection (a) of this Section.

The date upon which each period of accumulation begins is clearly

marked and visible for inspection on each container;

While being accumulated on-site, each container and tank is labeled or

marked clearly with the words “Hazardous Waste”; and

The generator complies with the requirements for treatment, storage, and

disposal facility owners or operators in 35 Ill. Adm. Code 725.Subparts

C and D and with 35 Ill. Adm. Code 725.116 and 728.107(a)(4)

728.107(a)(5).

A generator that accumulates hazardous waste for more than 90 days is an

operator of a storage facility and is subject to the requirements of 35 Ill. Adm.

Code 724 and 725 and the permit requirements of 35 Ill. Adm. Code 702, 703

and 705 unless the generator has been granted an extension of the 90-day period.

If hazardous wastes must remain on-site for longer than 90 days due to

unforeseen, temporary, and uncontrollable circumstances, the generator may

seek an extension of up to 30 days by means of a variance or provisional

variance, pursuant to Section 37 of the Environmental Protection Act and 35 Ill.

Adm. Code 180 (Agency procedural regulations).

Accumulation near the point of generation.

A generator may accumulate as much as 55 gallons of hazardous waste

or one quart of acutely hazardous waste listed in 35 Ill. Adm. Code

721.133(e) in containers at or near any point of generation where wastes

initially accumulate that is under the control of the operator of the process

generating the waste without a permit or interim status and without

complying with subsection (a) of this Section, provided the generator

does the following:

Complies with 35 Ill. Adm. Code 725.271, 725.272, and

725.273(a); and

Marks the generator’s containers either with the words

“Hazardous Waste” or with other words that identify the contents

of the containers.

A generator that accumulates either hazardous waste or acutely hazardous

waste listed in 35 Ill. Adm. Code 721.133(e) in excess of the amounts

listed in subsection (c)(1) of this Section at or near any point of

generation must, with respect to that amount of excess waste, comply

139

within three days with subsection (a) of this Section or other applicable

provisions of this Chapter. During the three day period the generator

must continue to comply with subsection (c)(1) of this Section. The

generator must mark the container holding the excess accumulation of

hazardous waste with the date the excess amount began accumulating.

A generator that generates greater than 100 kilograms but less than 1000

kilograms of hazardous waste in a calendar month may accumulate hazardous

waste on-site for 180 days or less without a permit or without having interim

status provided that the following conditions are fulfilled:

The quantity of waste accumulated on-site never exceeds 6000 kilograms;

The generator complies with the requirements of 35 Ill. Adm. Code

725.Subpart I (except 35 Ill. Adm. Code 725.276 and 725.278);

The generator complies with the requirements of 35 Ill. Adm. Code

725.301;

The generator complies with the requirements of subsections (a)(2) and

(a)(3) of this Section, 35 Ill. Adm. Code 725.Subpart C, and 35 Ill.

Adm. Code 728.107(a)(5); and

The generator complies with the following requirements:

At all times there must be at least one employee either on the

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

specified in subsection (d)(5)(D) of this Section. The employee is

the emergency coordinator.

The generator shall post the following information next to the

telephone:

The name and telephone number of the emergency

coordinator;

ii)

Location of fire extinguishers and spill control material

and, if present, fire alarm; and

iii)

The telephone number of the fire department, unless the

facility has a direct alarm.

The generator shall ensure that all employees are thoroughly

140

familiar with proper waste handling and emergency procedures,

relevant to their responsibilities during normal facility operations

and emergencies.

The emergency coordinator or designee shall respond to any

emergencies that arise. The applicable responses are as follows:

In the event of a fire, call the fire department or attempt to

extinguish it using a fire extinguisher;

ii)

In the event of a spill, contain the flow of hazardous waste

to the extent possible and, as soon as is practicable, clean

up the hazardous waste and any contaminated materials or

soil; and

iii)

In the event of a fire, explosion, or other release that could

threaten human health outside the facility, or when the

generator has knowledge that a spill has reached surface

water, the generator shall immediately notify the National

Response Center (using its 24-hour toll free number 800-

424-8802). The report must include the following

information: the name, address, and USEPA identification

number (Section 722.112 of this Part) of the generator; the

date, time, and type of incident (e.g., spill or fire); the

quantity and type of hazardous waste involved in the

incident; the extent of injuries, if any; and the estimated

quantity and disposition of recoverable materials, if any.

A generator that generates greater than 100 kilograms but less than 1000

kilograms of hazardous waste in a calendar month and that must transport the

waste or offer the waste for transportation over a distance of 200 miles or more

for off-site treatment, storage, or disposal may accumulate hazardous waste on-

site for 270 days or less without a permit or without having interim status,

provided that the generator complies with the requirements of subsection (d) of

this Section.

A generator that generates greater than 100 kilograms but less than 1000

kilograms of hazardous waste in a calendar month and that accumulates

hazardous waste in quantities exceeding 6000 kg or accumulates hazardous waste

for more than 180 days (or for more than 270 days if the generator must

transport the waste or offer the waste for transportation over a distance of 200

miles or more) is an operator of a storage facility and is subject to the

requirements of 35 Ill. Adm. Code 724 and 725 and the permit requirements of

35 Ill. Adm. Code 703, unless the generator has been granted an extension to the

180-day (or 270-day if applicable) period. If hazardous wastes must remain on-

141

site for longer than 180 days (or 270 days if applicable) due to unforeseen,

temporary, and uncontrollable circumstances, the generator may seek an

extension of up to 30 days by means of variance or provisional variance pursuant

to Section 37 of the Environmental Protection Act.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

724.101

Purpose, Scope, and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B: GENERAL FACILITY STANDARDS

Section

724.110

Applicability

724.111

Identification Number

724.112

Required Notices

724.113

General Waste Analysis

724.114

Security

724.115

General Inspection Requirements

724.116

Personnel Training

724.117

General Requirements for Ignitable, Reactive or Incompatible Wastes

724.118

Location Standards

724.119

Construction Quality Assurance Program

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

142

SUBPART D: CONTINGENCY PLAN AND EMERGENCY

PROCEDURES

Section

724.150

Applicability

724.151

Purpose and Implementation of Contingency Plan

724.152

Content of Contingency Plan

724.153

Copies of Contingency Plan

724.154

Amendment of Contingency Plan

724.155

Emergency Coordinator

724.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND

REPORTING

Section

724.170

Applicability

724.171

Use of Manifest System

724.172

Manifest Discrepancies

724.173

Operating Record

724.174

Availability, Retention and Disposition of Records

724.175

Annual Report

724.176

Unmanifested Waste Report

724.177

Additional Reports

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190

Applicability

724.191

Required Programs

724.192

Groundwater Protection Standard

724.193

Hazardous Constituents

724.194

Concentration Limits

724.195

Point of Compliance

724.196

Compliance Period

724.197

General Groundwater Monitoring Requirements

724.198

Detection Monitoring Program

724.199

Compliance Monitoring Program

724.200

Corrective Action Program

724.201

Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

724.210

Applicability

724.211

Closure Performance Standard

724.212

Closure Plan; Amendment of Plan

724.213

Closure; Time Allowed For Closure

724.214

Disposal or Decontamination of Equipment, Structures and Soils

143

724.215

Certification of Closure

724.216

Survey Plat

724.217

Post-closure Care and Use of Property

724.218

Post-Closure Care Plan; Amendment of Plan

724.219

Post-closure Notices

724.220

Certification of Completion of Post-closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240

Applicability

724.241

Definitions of Terms As Used In This Subpart

724.242

Cost Estimate for Closure

724.243

Financial Assurance for Closure

724.244

Cost Estimate for Post-closure Care

724.245

Financial Assurance for Post-closure Care

724.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Care

724.247

Liability Requirements

724.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

724.251

Wording of the Instruments

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

724.270

Applicability

724.271

Condition of Containers

724.272

Compatibility of Waste With Container

724.273

Management of Containers

724.274

Inspections

724.275

Containment

724.276

Special Requirements for Ignitable or Reactive Waste

724.277

Special Requirements for Incompatible Wastes

724.278

Closure

724.279

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

724.290

Applicability

724.291

Assessment of Existing Tank System’s Integrity

724.292

Design and Installation of New Tank Systems or Components

724.293

Containment and Detection of Releases

724.294

General Operating Requirements

724.295

Inspections

724.296

Response to Leaks or Spills and Disposition of Leaking or unfit-for-use Tank

Systems

724.297

Closure and Post-Closure Care

144

724.298

Special Requirements for Ignitable or Reactive Waste

724.299

Special Requirements for Incompatible Wastes

724.300

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320

Applicability

724.321

Design and Operating Requirements

724.322

Action Leakage Rate

724.323

Response Actions

724.326

Monitoring and Inspection

724.327

Emergency Repairs; Contingency Plans

724.328

Closure and Post-closure Care

724.329

Special Requirements for Ignitable or Reactive Waste

724.330

Special Requirements for Incompatible Wastes

724.331

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

724.332

Air Emission Standards

SUBPART L: WASTE PILES

Section

724.350

Applicability

724.351

Design and Operating Requirements

724.352

Action Leakage Rate

724.353

Response Action Plan

724.354

Monitoring and Inspection

724.356

Special Requirements for Ignitable or Reactive Waste

724.357

Special Requirements for Incompatible Wastes

724.358

Closure and Post-closure Care

724.359

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

SUBPART M: LAND TREATMENT

Section

724.370

Applicability

724.371

Treatment Program

724.372

Treatment Demonstration

724.373

Design and Operating Requirements

724.376

Food-chain Crops

724.378

Unsaturated Zone Monitoring

724.379

Recordkeeping

724.380

Closure and Post-closure Care

724.381

Special Requirements for Ignitable or Reactive Waste

724.382

Special Requirements for Incompatible Wastes

724.383

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

145

F027

SUBPART N: LANDFILLS

Section

724.400

Applicability

724.401

Design and Operating Requirements

724.402

Action Leakage Rate

724.403

Monitoring and Inspection

724.404

Response Actions

724.409

Surveying and Recordkeeping

724.410

Closure and Post-closure Care

724.412

Special Requirements for Ignitable or Reactive Waste

724.413

Special Requirements for Incompatible Wastes

724.414

Special Requirements for Bulk and Containerized Liquids

724.415

Special Requirements for Containers

724.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

724.417

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026 and

F027

SUBPART O: INCINERATORS

Section

724.440

Applicability

724.441

Waste Analysis

724.442

Principal Organic Hazardous Constituents (POHCs)

724.443

Performance Standards

724.444

Hazardous Waste Incinerator Permits

724.445

Operating Requirements

724.447

Monitoring and Inspections

724.451

Closure

SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE

MANAGEMENT UNITS

Section

724.652

Corrective Action Management Units

724.653

Temporary Units

724.654

Staging Piles

SUBPART W: DRIP PADS

Section

724.670

Applicability

724.671

Assessment of existing drip pad integrity

724.672

Design and installation of new drip pads

724.673

Design and operating requirements

724.674

Inspections

146

724.675

Closure

SUBPART X: MISCELLANEOUS UNITS

Section

724.700

Applicability

724.701

Environmental Performance Standards

724.702

Monitoring, Analysis, Inspection, Response, Reporting and Corrective Action

724.703

Post-closure Care

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

724.930

Applicability

724.931

Definitions

724.932

Standards: Process Vents

724.933

Standards: Closed-Vent Systems and Control Devices

724.934

Test Methods and Procedures

724.935

Recordkeeping requirements

724.936

Reporting Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950

Applicability

724.951

Definitions

724.952

Standards: Pumps in Light Liquid Service

724.953

Standards: Compressors

724.954

Standards: Pressure Relief Devices in Gas/Vapor Service

724.955

Standards: Sampling Connecting Systems

724.956

Standards: Open-ended Valves or Lines

724.957

Standards: Valves in Gas/Vapor or Light Liquid Service

724.958

Standards: Pumps, Valves, Pressure Relief Devices and Other Connectors

724.959

Standards: Delay of Repair

724.960

Standards: Closed-vent Systems and Control Devices

724.961

Alternative Percentage Standard for Valves

724.962

Skip Period Alternative for Valves

724.963

Test Methods and Procedures

724.964

Recordkeeping Requirements

724.965

Reporting Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

724.980

Applicability

724.981

Definitions

724.982

Standards: General

724.983

Waste Determination Procedures

147

724.984

Standards: Tanks

724.985

Standards: Surface Impoundments

724.986

Standards: Containers

724.987

Standards: Closed-vent Systems and Control Devices

724.988

Inspection and Monitoring Requirements

724.989

Recordkeeping Requirements

724.990

Reporting Requirements

724.991

Alternative Control Requirements for Tanks

SUBPART DD: CONTAINMENT BUILDINGS

Section

724.1100

Applicability

724.1101

Design and operating standards

724.1102

Closure and Post-closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

724.1200

Applicability

724.1201

Design and Operating Standards

724.1202

Closure and Post-Closure Care

724.Appendix A

Recordkeeping Instructions

724.Appendix B

EPA Report Form and Instructions (Repealed)

724.Appendix D

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

724.Appendix E

Examples of Potentially Incompatible Waste

724.Appendix I

Groundwater Monitoring List

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R82-19, 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

R90-11 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. 17702, 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

148

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6973, effective April 26, 1994;

amended in R94-7 at 18 Ill. Reg. 12487, effective July 29, 1994; amended in R94-17 at 18 Ill.

Reg. 17601, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9951, effective

June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11244, effective August 1, 1996; amended in

R96-10/R97-3/R97-5 at 22 Ill. Reg. 636, effective December 16, 1997; amended in R98-12 at

22 Ill. Reg. 7638, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg.

17972, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186,

effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9437, effective July 26, 1999;

amended in R00-5 at 24 Ill. Reg. ________, effective ______________________; amended in

R00-13 at 24 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 724.101

Purpose, Scope, and Applicability

The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste.

The standards in this Part apply to owners and operators of all facilities that treat,

store, or dispose of hazardous waste, except as specifically provided otherwise in

this Part or 35 Ill. Adm. Code 721.

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. USC 1431-1434, 33 USC 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. Adm.

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.

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 Protection 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.

The requirements of this Part apply to the owner or operator of a POTW

(publicly owned treatment works) that treats, stores, or disposes of hazardous

waste only to the extent included in a RCRA permit by rule granted to such a

149

person under 35 Ill. Adm. Code 703.141.

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 USEPA rules.

The requirements of this Part do not apply to:

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,

stores, or disposes of is excluded from regulation under this Part by 35

Ill. Adm. Code 721.105.

BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.

Code 807 and may have to have a supplemental permit under 35 Ill.

Adm. Code 807.210.

The owner or operator of a facility managing recyclable materials

described in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4) (except to

the extent that requirements of this Part are referred to in 35 Ill. Adm.

Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739).

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134.

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170.

The owner or operator of a totally enclosed treatment facility, as defined

in 35 Ill. Adm. Code 720.110.

The owner or operator of an elementary neutralization unit or a

wastewater treatment unit, as defined in 35 Ill. Adm. Code 720.110,

provided that if the owner or operator is diluting hazardous ignitable

(D001) wastes (other than the D001 High TOC Subcategory defined in

35 Ill. Adm. Code 728.Table T) or reactive (D003) waste to remove the

characteristic before land disposal, the owner or operator must comply

with the requirements set out in Section 724.117(b).

This subsection corresponds with 40 CFR 264.1(g)(7), reserved by

USEPA. This statement maintains structural consistency with USEPA

rules.

150

Immediate response:

Except as provided in subsection (g)(8)(B) of this Section, a

person engaged in treatment or containment activities during

immediate response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of

hazardous waste;

iii)

A discharge of a material that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

An owner or operator of a facility otherwise regulated by this Part

must comply with all applicable requirements of Subparts C and D

of this Part.

Any person that is covered by subsection (g)(8)(A) of this Section

and that 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.

Code 702, 703, and 705 for those activities.

In the case of an explosives or munitions emergency response, if a

federal, State, or local official acting within the scope of his or her

official responsibilities or an explosives or munitions emergency

response specialist determines that immediate removal of the

material or waste is necessary to protect human health or the

environment, that official or specialist may authorize the removal

of the material or waste by transporters that do not have USEPA

identification numbers and without the preparation of a manifest.

In the case of emergencies involving military munitions, the

responding military emergency response specialist’s organizational

unit shall retain records for three years identifying the dates of the

response, the responsible persons responding, the type and

description of material addressed, and its disposition.

151

A transporter storing manifested shipments of hazardous waste in

containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a

transfer facility for a period of ten days or less.

10)

The addition of absorbent materials to waste in a container (as defined in

35 Ill. Adm. 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.

11)

A universal waste handler or universal waste transporter (as defined in 35

Ill. Adm. Code 720.110) that handles any of the wastes listed below is

subject to regulation under 35 Ill. Adm. Code 733 when handling the

following universal wastes:

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

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

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

Mercury-containing lampsLamps, as described in 35 Ill. Adm.

Code 733.107 733.105.

BOARD NOTE: Subsection (g)(11)(D) of this Section was added

pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see

P.A. 90-502, effective August 19, 1997).

This Part applies to owners and operators of facilities that treat, store, or dispose

of hazardous wastes referred to in 35 Ill. Adm. Code 728.

35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to

the storage of military munitions classified as solid waste under 35 Ill. Adm.

Code 726.302. The treatment and disposal of hazardous waste military

munitions are subject to the applicable permitting, procedural, and technical

standards in 35 Ill. Adm. Code 702, 703, 705, 720 through 726, and 728.

The requirements of Subparts B, C, and D of this Part and Section 724.201 do

not apply to remediation waste management sites. (However, some remediation

waste management sites may be a part of a facility that is subject to a traditional

RCRA permit because the facility is also treating, storing, or disposing of

hazardous wastes that are not remediation wastes. In these cases, Subparts B, C,

and D of this Part, and Section 724.201 do apply to the facility subject to the

traditional RCRA permit.) Instead of the requirements of Subparts B, C, and D

of this Part, owners or operators of remediation waste management sites shall

152

comply with the following requirements:

The owner or operator shall obtain an EPA identification number by

applying to USEPA using USEPA Form 8700-12;

The owner or operator shall obtain a detailed chemical and physical

analysis of a representative sample of the hazardous remediation wastes to

be managed at the site. At a minimum, the analysis must contain all of

the information that must be known to treat, store, or dispose of the waste

according to this Part and 35 Ill. Adm. Code 728, and the owner or

operator shall keep the analysis accurate and up to date;

The owner or operator shall prevent people who are unaware of the

danger from entering the site, and the owner or operator shall minimize

the possibility for unauthorized people or livestock entering onto the

active portion of the remediation waste management site, unless the

owner or operator can demonstrate the following to the Agency:

Physical contact with the waste, structures, or equipment within

the active portion of the remediation waste management site will

not injure people or livestock who that may enter the active

portion of the remediation waste management site; and

Disturbance of the waste or equipment by people or livestock who

that enter onto the active portion of the remediation waste

management site will not cause a violation of the requirements of

this Part;

The owner or operator shall inspect the remediation waste management

site for malfunctions, deterioration, operator errors, and discharges that

may be causing or may lead to a release of hazardous waste constituents

to the environment or a threat to human health. The owner or operator

shall conduct these inspections often enough to identify problems in time

to correct them before they harm human health or the environment, and

the owner or operator shall remedy the problem before it leads to a

human health or environmental hazard. Where a hazard is imminent or

has already occurred, the owner or operator shall immediately take

remedial action;

The owner or operator shall provide personnel with classroom or on-the-

job training on how to perform their duties in a way that ensures the

remediation waste management site complies with the requirements of this

Part, and on how to respond effectively to emergencies;

The owner or operator shall take precautions to prevent accidental

153

ignition or reaction of ignitable or reactive waste, and the owner or

operator shall prevent threats to human health and the environment from

ignitable, reactive, and incompatible waste;

For remediation waste management sites subject to regulation under

Subparts I through O and Subpart X of this Part, the owner or operator

shall design, construct, operate, and maintain a unit within a 100-year

floodplain to prevent washout of any hazardous waste by a 100-year

flood, unless the owner or operator can meet the requirements of Section

724.118(b);

The owner or operator shall not place any non-containerized or bulk

liquid hazardous waste in any salt dome formation, salt bed formation,

underground mine, or cave;

The owner or operator shall develop and maintain a construction quality

assurance program for all surface impoundments, waste piles, and landfill

units that are required to comply with Sections 724.321(c) and (d),

724.351(c) and (d), and 724.401(c) and (d) at the remediation waste

management site, according to the requirements of Section 724.119;

10)

The owner or operator shall develop and maintain procedures to prevent

accidents and a contingency and emergency plan to control accidents that

occur. These procedures must address proper design, construction,

maintenance, and operation of remediation waste management units at the

site. The goal of the plan must be to minimize the possibility of, and the

hazards from, a fire, explosion, or any unplanned sudden or non-sudden

release of hazardous waste or hazardous waste constituents to air, soil, or

surface water that could threaten human health or the environment. The

plan must explain specifically how to treat, store, and dispose of the

hazardous remediation waste in question, and must be implemented

immediately whenever a fire, explosion, or release of hazardous waste or

hazardous waste constituents occurs that could threaten human health or

the environment;

11)

The owner or operator shall designate at least one employee, either on

the facility premises or on call (that is, available to respond to an

emergency by reaching the facility quickly), to coordinate all emergency

response measures. This emergency coordinator must be thoroughly

familiar with all aspects of the facility’s contingency plan, all operations

and activities at the facility, the location and characteristics of waste

handled, the location of all records within the facility, and the facility

layout. In addition, this person must have the authority to commit the

resources needed to carry out the contingency plan;

154

12)

The owner or operator shall develop, maintain, and implement a plan to

meet the requirements in subsections (j)(2) through (j)(6) and (j)(9)

through (j)(10) of this Section; and

13)

The owner or operator shall maintain records documenting compliance

with subsections (j)(1) through (j)(12) of this Section.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART O: INCINERATORS

Section 724.440

Applicability

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

incinerate hazardous waste, except as Section 724.101 provides otherwise. The

following facility owners and operators are considered to incinerate hazardous

waste:

Owners or operators of hazardous waste incinerators (as defined in 35 Ill.

Adm. Code 720.110); and

Owners or operators who that burn hazardous waste in boilers or in

industrial furnaces in order to destroy the wastes.

b) Integration of the MACT standards.

1) Except as provided by subsection (b)(2) of this Section, the standards of

this Part no longer apply when an owner or operator demonstrates

compliance with the maximum achievable control technology (MACT)

requirements of 40 CFR 63, Subpart EEE, incorporated by reference in

35 Ill. Adm. Code 720.111, by conducting a comprehensive performance

test and submitting to the Agency a Notification of Compliance, under 40

CFR 63.1207(j) and 63.1210(d), documenting compliance with the

requirements of 40 CFR 63, Subpart EEE. Nevertheless, even after this

demonstration of compliance with the MACT standards, RCRA permit

conditions that were based on the standards of this part will continue to

be in effect until they are removed from the permit or the permit is

terminated or revoked, unless the permit expressly provides otherwise.

2) The MACT standards of 40 CFR 63, Subpart EEE do not replace the

closure requirements of Section 724.451 or the applicable requirements of

Subparts A through H, BB, and CC of this Part.

BOARD NOTE: Sections 9.1 and 39.5 of the Environmental Protection Act

155

[415 ILCS 5/9.1 and 39.5] make the federal MACT standards directly applicable

to entities in Illinois and authorize the Agency to issue permits based on the

federal standards.

bc)

After consideration of the waste analysis included with Part B of the permit

application, the Agency, in establishing the permit conditions, must exempt the

applicant from all requirements of this Subpart except Section 724.441 (Waste

analysis) and Section 724.451 (Closure):

If the Agency finds that the waste to be burned is:

Listed as a hazardous waste in 35 Ill. Adm. Code 721.Subpart D

solely because it is ignitable (Hazard Code I), corrosive (Hazard

Code C), or both; or

Listed as a hazardous waste in 35 Ill. Adm. Code 721.Subpart D

solely because it is reactive (Hazard Code R) for characteristics

other than those listed in Section 721.123(a)(4) and (5), and will

not be burned when other hazardous wastes are present in the

combustion zone; or

A hazardous waste solely because it possesses the characteristic of

ignitability, as determined by the test for characteristics of

hazardous wastes under 35 Ill. Adm. Code 721.Subpart C; or

A hazardous waste solely because it possesses any of the reactivity

characteristics described by 35 Ill. Adm. Code 721.123(a)(1), (2),

(3), (6), (7) and (8) and will not be burned when other hazardous

wastes are present in the combustion zone; and

If the waste analysis shows that the waste contains none of the hazardous

constituents listed in 35 Ill. Adm. Code 721.Appendix H, which that

would reasonably be expected to be in the waste.

cd)

If the waste to be burned is one which that is described by paragraphs (b)(1)(A),

(b)(1)(B), (b)(1)(C) or (b)(1)(D) and contains insignificant concentrations of the

hazardous constituents listed in 35 Ill. Adm. Code 721.Appendix H, then the

Agency may, in establishing permit conditions, exempt the applicant from all

requirements of this Subpart, except Section 724.441 (Waste analysis) and

Section 724.451 (Closure), after consideration of the waste analysis included

with Part B of the permit application, unless the Agency finds that the waste will

pose a threat to human health or the environment when burned in an incinerator.

de)

The owner or operator of an incinerator may conduct trial burns subject only to

the requirements of 35 Ill. Adm. Code 703.222 through 703.225 (Short term and

156

incinerator permits).

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART X: MISCELLANEOUS UNITS

Section 724.701

Environmental Performance Standards

A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed

in a manner that will ensure protection of human health and the environment. Permits for

miscellaneous units are to contain such terms and provisions as are necessary to protect human

health and the environment, including, but not limited to, as appropriate, design and operating

requirements, detection and monitoring requirements, and requirements for responses to

releases of hazardous waste or hazardous constituents from the unit. Permit terms and

provisions must include those requirements of 724.Subparts I through O and AA through CC

of this Part; and 35 Ill. Adm. Code 702, 703, and 730; and 40 CFR 63, Subpart EEE,

incorporated by reference in 35 Ill. Adm. Code 720.111, that are appropriate for the

miscellaneous unit being permitted. Protection of human health and the environment includes,

but is not limited to:

Prevention of any releases that may have adverse effects on human health or the

environment due to migration of waste constituents in the groundwater or

subsurface environment, considering:

The volume and physical and chemical characteristics of the waste in the

unit, including its potential for migration through soil, liners, or other

containing structures;

The hydrologic and geologic characteristics of the unit and the

surrounding area;

The existing quality of groundwater, including other sources of

contamination and their cumulative impact on the groundwater;

The quantity and direction of groundwater flow;

The proximity to and withdrawal rates of current and potential

groundwater users;

The patterns of land use in the region;

The potential for deposition or migration of waste constituents into

subsurface physical structures and the root zone of food-chain crops and

other vegetation;

157

The potential for health risks caused by human exposure to waste

constituents; and

The potential for damage to domestic animals, wildlife, crops, vegetation,

and physical structures caused by exposure to waste constituents.

Prevention of any releases that may have adverse effects on human health or the

environment due to migration of waste constituents in surface water, in wetlands,

or on the soil surface, considering:

The volume and physical and chemical characteristics of the waste in the

unit;

The effectiveness and reliability of containing, confining, and collecting

systems and structures in preventing migration;

The hydrologic characteristics of the unit and surrounding area, including

the topography of the land around the unit;

The patterns of precipitation in the region;

The quantity, quality, and direction of groundwater flow;

The proximity of the unit to surface waters;

The current and potential uses of the nearby surface waters and any

water quality standards in 35 Ill. Adm. Code 302 or 303;

The existing quality of surface waters and surface soils, including other

sources of contamination and their cumulative impact on surface waters

and surface soils;

The patterns of land use in the region;

10)

The potential for health risks caused by human exposure to waste

constituents; and

11)

The potential for damage to domestic animals, wildlife, crops, vegetation,

and physical structures casued caused by exposure to waste constituents.

Prevention of any release that may have adverse effects on human health or the

environment due to migration of waste constituents in the air, considering:

The volume and physical and chemical characteristics of the waste in the

158

unit, including its potential for the emission and dispersal of gases,

aerosols, and particulates;

The effectiveness and reliability of systems and structures to reduce or

prevent emissions of hazardous constituents to the air;

The operating characteristics of the unit;

The atmospheric, meteorologic, and topographic characteristics of the unit

and the surrounding area;

The existing quality of the air, including other sources of contamination

and their cumulative impact on the air;

The potential for health risks caused by human exposure to waste

constituents; and

The potential for damage to domestic animals, wildlife, crops, vegetation,

and physical structures caused by waste constituents.

(Source: Amended at 24 Ill. Reg. ________, effective ______________________)

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section 724.983

Waste Determination Procedures

Waste determination procedure for average volatile organic (VO) concentration

of a hazardous waste at the point of waste origination.

An owner or operator shall determine the average VO concentration at

the point of waste origination for each hazardous waste placed in a waste

management unit exempted under the provisions of Section 724.982(c)(1)

from using air emission controls in accordance with standards specified in

Section 724.984 through Section 724.987, as applicable to the waste

management unit.

An owner or operator shall make an initial determination of the

average VO concentration of the waste stream before the first time

any portion of the material in the hazardous waste stream is placed

in a waste management unit exempted under the provisions of

Section 724.982(c)(1) from using air emission controls.

Thereafter, an owner or operator shall make an initial

determination of the average VO concentration of the waste

159

stream for each averaging period that a hazardous waste is

managed in the unit.

An owner or operator shall perform a new waste determination

whenever changes to the source generating the waste stream are

reasonably likely to cause the average VO concentration of the

hazardous waste to increase to a level that is equal to or greater

than the applicable VO concentration limits specified in Section

724.982.

For a waste determination that is required by subsection (a)(1) of this

Section, the average VO concentration of a hazardous waste at the point

of waste origination must be determined in accordance with the

procedures specified in 35 Ill. Adm. Code 725.984(a)(2) through (a)(4).

Waste determination procedures for treated hazardous waste.

An owner or operator shall perform the applicable waste determination

for each treated hazardous waste placed in a waste management unit

exempted under the provisions of Section 724.982(c)(2)(A) through

(c)(2)(F) from using air emission controls in accordance with standards

specified in Sections 724.984 through 724.987, as applicable to the waste

management unit.

An owner or operator shall make an initial determination of the

average VO concentration of the waste stream before the first time

any portion of the material in the treated waste stream is placed in

the exempt waste management unit. Thereafter, an owner or

operator shall update the information used for the waste

determination at least once every 12 months following the date of

the initial waste determination.

An owner or operator shall perform a new waste determination

whenever changes to the process generating or treating the waste

stream are reasonably likely to cause the average VO

concentration of the hazardous waste to increase to such a level

that the applicable treatment conditions specified in Section

724.982(c)(2) are not achieved.

The waste determination for a treated hazardous waste must be performed

in accordance with the procedures specified in 35 Ill. Adm. Code

725.984(b)(2) through (b)(9), as applicable to the treated hazardous

waste.

Procedure to determine the maximum organic vapor pressure of a hazardous

160

waste in a tank.

An owner or operator shall determine the maximum organic vapor

pressure for each hazardous waste placed in a tank using Tank Level 1

controls in accordance with standards specified in Section 724.984(c).

The maximum organic vapor pressure of the hazardous waste may be

determined in accordance with the procedures specified in 35 Ill. Adm.

Code 725.984(c)(2) through (c)(4).

The procedure for determining no detectable organic emissions for the purpose

of complying with this Subpart must be conducted in accordance with the

procedures specified in 35 Ill. Adm. Code 725.984(d).

(Source: Amended at 24 Ill. Reg. 1146, effective January 6, 2000)

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

161

SUBPART C: PREPAREDNESS AND PREVENTION

Section

725.130

Applicability

725.131

Maintenance and Operation of Facility

725.132

Required Equipment

725.133

Testing and Maintenance of Equipment

725.134

Access to Communications or Alarm System

725.135

Required Aisle Space

725.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY

PROCEDURES

Section

725.150

Applicability

725.151

Purpose and Implementation of Contingency Plan

725.152

Content of Contingency Plan

725.153

Copies of Contingency Plan

725.154

Amendment of Contingency Plan

725.155

Emergency Coordinator

725.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND

REPORTING

Section

725.170

Applicability

725.171

Use of Manifest System

725.172

Manifest Discrepancies

725.173

Operating Record

725.174

Availability, Retention and Disposition of Records

725.175

Annual Report

725.176

Unmanifested Waste Report

725.177

Additional Reports

SUBPART F: GROUNDWATER MONITORING

Section

725.190

Applicability

725.191

Groundwater Monitoring System

725.192

Sampling and Analysis

725.193

Preparation, Evaluation and Response

725.194

Recordkeeping and Reporting

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

725.210

Applicability

725.211

Closure Performance Standard

162

725.212

Closure Plan; Amendment of Plan

725.213

Closure; Time Allowed for Closure

725.214

Disposal or Decontamination of Equipment, Structures and Soils

725.215

Certification of Closure

725.216

Survey Plat

725.217

Post-closure Care and Use of Property

725.218

Post-Closure Care Plan; Amendment of Plan

725.219

Post-Closure Notices

725.220

Certification of Completion of Post-Closure Care

725.221

Alternative Post-Closure Care Requirements

SUBPART H: FINANCIAL REQUIREMENTS

Section

725.240

Applicability

725.241

Definitions of Terms as Used in this Subpart

725.242

Cost Estimate for Closure

725.243

Financial Assurance for Closure

725.244

Cost Estimate for Post-closure Care

725.245

Financial Assurance for Post-closure Monitoring and Maintenance

725.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Care

725.247

Liability Requirements

725.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

725.251

Promulgation of Forms (Repealed)

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

725.270

Applicability

725.271

Condition of Containers

725.272

Compatibility of Waste with Container

725.273

Management of Containers

725.274

Inspections

725.276

Special Requirements for Ignitable or Reactive Waste

725.277

Special Requirements for Incompatible Wastes

725.278

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

725.290

Applicability

725.291

Assessment of Existing Tank System’s Integrity

725.292

Design and Installation of New Tank Systems or Components

725.293

Containment and Detection of Releases

725.294

General Operating Requirements

725.295

Inspections

725.296

Response to leaks or spills and disposition of Tank Systems

163

725.297

Closure and Post-Closure Care

725.298

Special Requirements for Ignitable or Reactive Waste

725.299

Special Requirements for Incompatible Wastes

725.300

Waste Analysis and Trial Tests

725.301

Generators of 100 to 1000 Kilograms of Hazardous Waste Per Month

725.302

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Section

725.320

Applicability

725.321

Design and Operating Requirements

725.322

Action Leakage Rate

725.323

Response Actions

725.324

Containment System

725.325

Waste Analysis and Trial Tests

725.326

Monitoring and Inspections

725.328

Closure and Post-closure Care

725.329

Special Requirements for Ignitable or Reactive Waste

725.330

Special Requirements for Incompatible Wastes

725.331

Air Emission Standards

SUBPART L: WASTE PILES

Section

725.350

Applicability

725.351

Protection from Wind

725.352

Waste Analysis

725.353

Containment

725.354

Design and Operating Requirements

725.355

Action Leakage Rates

725.356

Special Requirements for Ignitable or Reactive Waste

725.357

Special Requirements for Incompatible Wastes

725.358

Closure and Post-closure Care

725.359

Response Actions

725.360

Monitoring and Inspection

SUBPART M: LAND TREATMENT

Section

725.370

Applicability

725.372

General Operating Requirements

725.373

Waste Analysis

725.376

Food Chain Crops

725.378

Unsaturated Zone (Zone of Aeration) Monitoring

725.379

Recordkeeping

725.380

Closure and Post-closure

725.381

Special Requirements for Ignitable or Reactive Waste

164

725.382

Special Requirements for Incompatible Wastes

SUBPART N: LANDFILLS

Section

725.400

Applicability

725.401

Design Requirements

725.402

Action Leakage Rate

725.403

Response Actions

725.404

Monitoring and Inspection

725.409

Surveying and Recordkeeping

725.410

Closure and Post-closure

725.412

Special Requirements for Ignitable or Reactive Waste

725.413

Special Requirements for Incompatible Wastes

725.414

Special Requirements for Liquid Wastes

725.415

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

SUBPART O: INCINERATORS

Section

725.440

Applicability

725.441

Waste Analysis

725.445

General Operating Requirements

725.447

Monitoring and Inspection

725.451

Closure

725.452

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Section

725.470

Other Thermal Treatment

725.473

General Operating Requirements

725.475

Waste Analysis

725.477

Monitoring and Inspections

725.481

Closure

725.482

Open Burning; Waste Explosives

725.483

Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste

SUBPART Q: CHEMICAL, PHYSICAL AND BIOLOGICAL

TREATMENT

Section

725.500

Applicability

725.501

General Operating Requirements

725.502

Waste Analysis and Trial Tests

725.503

Inspections

725.504

Closure

165

725.505

Special Requirements for Ignitable or Reactive Waste

725.506

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND INJECTION

Section

725.530

Applicability

SUBPART W: DRIP PADS

Section

725.540

Applicability

725.541

Assessment of existing drip pad integrity

725.542

Design and installation of new drip pads

725.543

Design and operating requirements

725.544

Inspections

725.545

Closure

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

725.930

Applicability

725.931

Definitions

725.932

Standards: Process Vents

725.933

Standards: Closed-Vent Systems and Control Devices

725.934

Test methods and procedures

725.935

Recordkeeping Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

725.950

Applicability

725.951

Definitions

725.952

Standards: Pumps in Light Liquid Service

725.953

Standards: Compressors

725.954

Standards: Pressure Relief Devices in Gas/Vapor Service

725.955

Standards: Sampling Connecting Systems

725.956

Standards: Open-ended Valves or Lines

725.957

Standards: Valves in Gas/Vapor or Light Liquid Service

725.958

Standards: Pumps, Valves, Pressure Relief Devices, Flanges and other

Connectors

725.959

Standards: Delay of Repair

725.960

Standards: Closed-vent Systems and Control Devices

725.961

Percent Leakage Alternative for Valves

725.962

Skip Period Alternative for Valves

725.963

Test Methods and Procedures

725.964

Recordkeeping Requirements

166

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

725.980

Applicability

725.981

Definitions

725.982

Schedule for Implementation of Air Emission Standards

725.983

Standards: General

725.984

Waste Determination Procedures

725.985

Standards: Tanks

725.986

Standards: Surface Impoundments

725.987

Standards: Containers

725.988

Standards: Closed-Vent Systems and Control Devices

725.989

Inspection and Monitoring Requirements

725.990

Recordkeeping Requirements

725.991

Alternative Tank Emission Control Requirements (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Section

725.1100

Applicability

725.1101

Design and operating standards

725.1102

Closure and Post Closure-Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

725.1200

Applicability

725.1201

Design and Operating Standards

725.1202

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

725.Appendix F

Compounds With Henry’s Law Constant Less Than 0.1 Y/X (at 25°C)

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;

amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;

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

167

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 November 13,

1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August 22, 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, 1993;

amended in R93-16 at 18 Ill. Reg. 6771, effective April 26, 1994; amended in R94-7 at 18 Ill.

Reg. 12190, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17548, effective

November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9566, effective June 27, 1995; amended

in R95-20 at 20 Ill. Reg. 11078, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at

22 Ill. Reg. 369, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7620,

effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17620, effective

September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1850, effective January

19, 1999; amended in R99-15 at 23 Ill. Reg. 9168, effective July 26, 1999; amended in R00-5

at 24 Ill. Reg. 1076, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. ________,

effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 725.101

Purpose, Scope

and Applicability

The purpose of this Part is to establish minimum standards that 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

care requirements, until post-closure care responsibilities are fulfilled.

Except as provided in Section 725.980(b), the standards in this Part and 35 Ill.

Adm. Code 724.652 through 724.654 apply to owners and operators of facilities

that treat, store, or dispose of hazardous waste that have fully complied with the

requirements for interim status under Section 3005(e) of the Resource

Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.) and 35 Ill.

Adm. 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 care responsibilities

under this Part are fulfilled, and to those owners and operators of facilities in

existence on November 19, 1980, that have failed to provide timely notification

as required by Section 3010(a) of RCRA or that have failed to file Part A of the

Permit Application, as required by 40 CFR 270.10(e) and (g) or 35 Ill. Adm.

Code 703.150 and 703.152. These standards apply to all treatment, storage, or

168

disposal of hazardous waste at these facilities after November 19, 1980, except

as specifically provided otherwise in this Part or 35 Ill. Adm. 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 that meets certain conditions until final administrative disposition

of the owner’s and operator’s permit application is made. 35 Ill. Adm. 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.

The requirements of this Part do not 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 USC 1431-1434; 33 USC 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) of this Section.

This subsection corresponds with 40 CFR 265.1(c)(2), marked

“reserved” by USEPA. This statement maintains structural consistency

with USEPA rules;

The owner or operator of a POTW (publicly owned treatment works)

that treats, stores, or disposes of hazardous waste;

BOARD NOTE: The owner or operator of a facility under subsections

(c)(1) and (c)(3) is subject to the requirements of 35 Ill. Adm. Code 724

to the extent they are included in a permit by rule granted to such a

person under 35 Ill. Adm. Code 702 and 703 or are required by 35 Ill.

Adm. Code 704.Subpart F.

This subsection corresponds with 40 CFR 265.1(c)(4), which pertains

exclusively to the applicability of the federal regulations in authorized

states. There is no need for a parallel provision in the Illinois

regulations. This statement maintains structural consistency with USEPA

rules;

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

169

regulation under this Part by 35 Ill. Adm. Code 721.105;

The owner or operator of a facility managing recyclable materials

described in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4), except to

the extent that requirements of this Part are referred to in 35 Ill. Adm.

Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739;

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;

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170;

The owner or operator of a totally enclosed treatment facility, as defined

in 35 Ill. Adm. 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 that if the owner or operator is diluting hazardous ignitable

(D001) wastes (other than the D001 High TOC Subcategory defined in

35 Ill. Adm. Code 728.Table T) or reactive (D003) waste in order to

remove the characteristic before land disposal, the owner or operator

shall comply with the requirements set out in Section 725.117(b);

11)

Immediate response:

Except as provided in subsection (c)(11)(B) of this Section, a

person engaged in treatment or containment activities during

immediate response to any of the following situations:

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 that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

170

An owner or operator of a facility otherwise regulated by this Part

shall comply with all applicable requirements of 725.Subparts C

and D of this Part.

Any person that is covered by subsection (c)(11)(A) of this

Section that 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.

Code 702, 703, and 705 for those activities;

In the case of an explosives or munitions emergency response, if a

federal, state, or local official acting within the scope of his or her