JGA00608

ILLINOIS POLLUTION CONTROL BOARD

May 27,

1993

IN THE MATTER OF:

RCRA UPDATE, USEPA REGULATIONS

)

 R93-4

(7/1/92

—

 12/31/92)

)

 (Identical

 in Substance Rules)

Proposal For Public Comment

PROPOSED ORDER OF THE BOARD

 (by J. Anderson):

Pursuant to Sections 7.2 and 22.4(a) of the Environmental Protection Act

(Act), the Board is proposing to amend the RCRA hazardous waste regulations.

The

amendments

 involve 35

 Ill. Adm. Code 703, 720,

 721,

 722,

 724,

 725, 726,

728 and 739.

 The Board will receive public comment for 45 days after the date

of publication of the proposed rules in the Illinois Register.

The complete text of the rules is attached to the Order.

 This Proposed

Order

 is supported by a Proposed Opinion adopted this same day.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk

 of the Illinois Pollution Control Board,

hereby certify that the above proposed order was adopted on the

~‘7~-~

day of

~

 1993, by a vote of

 ~—C’

~

1-~oiothyM. G,~hn, Clerk

Illinois Poljution Control Board

4c~tJ~9

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Federal Permits (Repealed)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

SUBPART D: APPLICATIONS

Section

703.180

Applications in General

703.181

Contents of Part A

703.182

Contents of Part B

703.183

General Information

703.184

Facility Location Information

703.185

Groundwater Protection Information

703.186

Exposure Information

703.187

Solid Waste Management Units

703.188

Other Information

703.200

Specific Information

703.201

Containers

703.202

Tank Systems

703.203

Surface Impoundments

703.204

Waste Piles

703.205

Incinerators

703.206

Land Treatment

703.207

Landfills

703.208

Specific Part B Information Requirements for Boilers and

Industrial Furnaces

703.209

Miscellaneous Units

703.210

Process Vents

703.211

Equipment

703.212

Drip Pads

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.221

Emergency Permits

703.222

Incinerator Conditions Prior to Trial Burn

703.223

Incinerator Conditions During Trial Burn

703.224

Incinerator Conditions After Trial Burn

703.225

Trial Burns for Existing Incinerators

703.230

Land Treatment Demonstration

703.231

Research, Development and Demonstration Permits

703.232

Permits for Boilers and Industrial Furnaces Burning Hazardous

Waste

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240

Permit Denial

703.241

Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

703.243

Monitoring

703.244

Notice of Planned Changes

703.245

Twenty-four Hour Reporting

703.246

Reporting Requirements

703.247

Anticipated Noncompliance

SUBPART G: CHANGES TO PERMITS

Section

703.260

Transfer

703.270

Modification

703.271

Causes for Modification

703.272

Causes for Modification or Reissuance

703.273

Facility Siting

703.280

Permit Modification at the Request of the Permittee

703.281

Class 1 Modifications

703.282

Class 2 Modifications

703.283

Class 3 Modifications

703.Appendix A

Classification of Permit Modifications

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

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1022.4 and

1027 [415 ILCS 5/22.4 and 27]).

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

12, 1983; amended in R83-24 at 8 Ill. Reg. 206, effective December 27, 1983;

amended in R84-9 at 9 Ill. Reg. 11899, effective July 24, 1985; amended in

R85-22 at 10 Ill. Reg. 1110, effective January 2, 1987; amended in R85-23 at

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

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.155

Changes During Interim Status

Except as provided in subsection (b), below, the owner or operator

of an interim status facility may make the following changes at

the facility:

Treatment, storage or disposal of new hazardous wastes not

previously identified in Part A of the permit application

(and, in the case of newly listed or identified wastes,

addition of the units being used to treat, store or dispose

of the hazardous wastes on the date of the listing or

identification) if the owner or operator submits a revised

Part A permit application prior to such treatment, storage

or disposal;

Increases in the design capacity of processes used at the

facility if the owner or operator submits a revised Part A

permit application prior to such a change (along with a

justification explaining the need for the change) and the

Agency approves the change because:

There is a lack of available treatment, storage or

disposal capacity at other hazardous waste management

facilities; or

The change is necessary to comply with a federal,

State or local requirement, including 35 Ill. Adm.

Code 725, 728 or 729.

Changes in the processes for the treatment, storage or

disposal of hazardous waste may be made at a facility or

addition of processes may be added if the owner or operator

submits a revised Part A permit application prior to such a

change (along with a justification explaining the need for

change) and the Agency approves the change because:

The change is necessary to prevent a threat to human

health or the environment because of an emergency

situation; or

The change is necessary to comply with a Federal,

State or local requirement, including 35 Ill. Adm.

Code 725, 728 or 729;

Changes in the ownership or operational control of a

facility if the new owner or operator submits a revised Part

A permit application no later than 90 days prior to the

scheduled change. When a transfer of ownership or

operational control of a facility occurs, the old owner or

operator shall comply with the requirements of 35 Ill. Adm.

Code 725.Subpart H (financial requirements), until the new

owner or operator has demonstrated to the Agency that it is

complying with the requirements of that Subpart. The new

owner or operator shall demonstrate compliance with the

financial assurance requirements within six months after the

date of the change in the ownership or operational control

of the facility. Upon demonstration to the Agency by the

new owner or operator of compliance with the financial

assurance requirements, the Agency shall notify the old

owner or operator in writing that the old owner or operator

no longer needs to comply with 35 Ill. Adm. Code 725.Subpart

H as of the date of demonstration. All other interim status

duties are transferred effective immediately upon the date

of the change of ownership or operational control of the

facility;

Changes made in accordance with an interim status corrective

action order issued by: USEPA under Section 3008(h) of the

Resource Conservation and Recovery Act or other federal

authority; a court pursuant to a judicial action brought

USEPA; a court pursuant to the Environmental Protection Act;

or, the Board. Changes under this subsection are limited to

the treatment, storage or disposal of solid waste from

releases that originate within the boundary of the facility.

Addition of newly regulated units for the treatment, storage

or disposal of hazardous waste if the owner or operator

submits a revised Part A permit application on or before the

date on which the unit becomes subject to the new

requirements.

Except as specifically allowed under this subsection, changes

listed under subsection (a), above, must not be made if they

amount to reconstruction of the HWM facility. Reconstruction

occurs when the capital investment in the changes to the facility

exceeds fifty percent of the capital cost of a comparable entirely

new HWM facility. If all other requirements are met, the

following changes may be made even if they amount to a

reconstruction:

Changes made solely for the purposes of complying with

requirements of 35 Ill. Adm. Code 725.293 for tanks and

ancillary equipment.

If necessary to comply with federal, State or local

requirements, including 35 Ill. Adm. Code 725, 728 or 729,

changes to an existing unit, changes solely involving tanks

or containers, or addition of replacement surface

impoundments that satisfy the statutory standards of Section

35 Ill. Adm. Code 728.139.

Changes that are necessary to allow owners or operators to

continue handling newly listed or identified hazardous

wastes that have been treated, stored or disposed of at the

facility prior to the effective date of the rule

establishing the new listing or identification.

Changes during closure of a facility or of a unit within a

facility made in accordance with an approved closure plan.

Changes necessary to comply with an interim status

corrective action order issued by: USEPA under Section

3008(h) of the Resource Conservation and Recovery Act or

other federal authority; a court pursuant to a judicial

action brought by USEPA; a court pursuant to the

Environmental Protection Act; or, the Board. Changes under

this subsection are limited to the treatment, storage or

disposal of solid waste from releases that originate within

the boundary of the facility.

Changes to treat or store, in tanks, or containers or

containment buildings, hazardous wastes subject to land

disposal restrictions imposed in 35 Ill. Adm. Code 728,

provided that such changes are made solely for the purpose

of complying with 35 Ill. Adm. Code 728.

Addition of newly regulated units under subsection (a)(6),

above.

(Board Note: Derived from 40 CFR 270.72 (1990, as amended

56 Fed. Reg. 7206, February 21, 199157 Fed. Reg. 37281,

August 18, 1992.)

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART D: APPLICATIONS

Section 703.181

Contents of Part A

In addition to the information in 35 Ill. Adm. Code 702.123, Part A of the

RCRA application shall include the following information:

The latitude and longitude of the facility;

(BOARD NOTE: Derived from 40 CFR 270.13(b).)

The name, address and telephone number of the owner of the

facility;

(BOARD NOTE: Derived from 40 CFR 270.13(e).)

An indication of whether the facility is new or existing and

whether it is a first or revised application;

(BOARD NOTE: Derived from 40 CFR 270.13(g).)

For existing facilities, a scale drawing of the facility showing

the location of all past, present and future treatment, storage

and disposal areas;

(BOARD NOTE: Derived from 40 CFR 270.13(h)(1).)

For existing facilities, photographs of the facility clearly

delineating all existing structures; existing treatment, storage

and disposal areas; and sites of future treatment, storage and

disposal areas;

(BOARD NOTE: Derived from 40 CFR 270.13(h)(2).)

A description of the processes to be used for treating, storing

and disposing of hazardous waste, and the design capacity of these

items;

(BOARD NOTE: Derived from 40 CFR 270.13(i).)

A specification of the hazardous wastes listed or designated under

35 Ill. Adm. Code 721 to be treated, stored or disposed at the

facility, an estimate of the quantity of such wastes to be

treated, stored or disposed annually, and a general description of

the processes to be used for such wastes.

(BOARD NOTE: Derived from 40 CFR 270.13(j).)

For hazardous debris, a description of the debris category(ies)

and containment category(ies) to be treated, stored, or disposed

of at the facility.

(BOARD NOTE: Derived from 40 CFR 270.13(n).) See 40 CFR 122.24)

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

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, 924.953 and 724.958;

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 724.327 and

724.355. 35 Ill. Adm. Code 724.355 has not yet been adopted.

A description of procedures, structures or equipment used at the

facility to:

Prevent hazards in unloading operations (for example, ramps,

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, 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 pattern, estimated volume (number, types of vehicles) and

control (for example, show turns across traffic lanes and stacking

lanes (if appropriate); describe access road surfacing and load

bearing capacity; show traffic control signals);

Facility location information as required by Section 703.184;

An outline of both the introductory and continuing training

programs by owners or operators 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;

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;

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);

sr)

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 (residential, commercial,

agricultural, recreational);

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

Orientation of the map (north arrow);

Legal boundaries of the HWM facility site;

Access control (fences, gates);

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

10)

Buildings; treatment, storage or disposal operations; or

other structures (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 basis.

ts)

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.

ut)

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.

BOARD NOTE: Derived from 40 CFR 270.14(b) (1988), as amended at

54 Fed. Reg. 617, January 9, 1989 57 Fed. Reg. 37281, August 18,

1992.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART G: CHANGES TO PERMITS

Section 703.280

Permit Modification at the Request of the Permittee

Class 1 modifications. See Section 703.281.

Class 2 modifications. See Section 703.282.

Class 3 modifications. See Section 703.283.

Other modifications.

In the case of modifications not explicitly listed in

Appendix A, the permittee may submit a Class 3 modification

request to the Agency, or the permittee may request a

determination by the Agency that the modification be

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

If the permittee requests that the modification be

classified as a Class 1 or 2 modification, the permittee

shall provide the Agency with the necessary information to

support the requested classification.

The Agency shall make the determination described in

subsection (d)(1), above, a promptly as practicable. In

determining the appropriate class for a specific

modification, the Agency shall consider the similarity of

the modification to other modifications codified in Appendix

A and the following criteria:

Class 1 modification apply to minor changes that keep

the permit current with routine changes to the

facility or its operation. These changes do not

substantially alter the permit conditions or reduce

the capacity of the facility to protect human health

or the environment. In the case of Class 1

modifications, the Agency may require prior approval.

Class 2 modifications apply to changes that are

necessary to enable a permittee to respond, in a

timely manner, to

Common variations in the types and quantities of

the wastes managed under the facility permit,

ii)

Technological advances, and

iii)

Changes necessary to comply with new

regulations, where these changes can be

implemented without substantially changing

design specifications or management practices in

the permit.

Class 3 modifications substantially alter the facility

or its operation.

Temporary authorizations.

Upon request of the permittee, the Agency shall, without

prior public notice and comment, grant the permittee a

temporary authorization in accordance with this subsection.

Temporary authorizations have a term of not more than 180

days.

Procedures.

The permittee may request a temporary authorization

for:

Any Class 2 modification meeting the criteria in

subsection (e)(3)(B), below, and

ii)

Any Class 3 modification that meets the criteria

in subsection (e)(3)(B)(i), below; or that meets

the criteria in subsection (e)(3)(B)(iii)

through (v), below, and provides improved

management or treatment of a hazardous waste

already listed in the facility permit.

The temporary authorization request must include:

A description of the activities to be conducted

under the temporary authorization;

ii)

An explanation of why the temporary

authorization is necessary; and

iii)

Sufficient information to ensure compliance with

35 Ill. Adm. Code 724 standards.

The permittee shall send a notice about the temporary

authorization request to all persons on the facility

mailing list maintained by the Agency and to

appropriate units of State and local governments as

specified in 35 Ill. Adm. Code 705.163(a)(5). This

notification must be made within seven days after

submission of the authorization request.

The Agency shall approve or deny the temporary authorization

as quickly as practical. To issue a temporary

authorization, the Agency shall find:

The authorized activities are in compliance with the

standards of 35 Ill. Adm. Code 724.

The temporary authorization is necessary to achieve

one of the following objectives before action is

likely to be taken on a modification request:

To facilitate timely implementation of closure

or corrective action activities;

ii)

To allow treatment or storage in tanks or,

containers or in containment buildingsof

restricted wastesin accordance with 35 Ill.

Adm.Code 728;

iii)

To prevent disruption of ongoing waste

management activities;

iv)

To enable the permittee to respond to sudden

changes in the types or quantities of the wastes

managed under the facility permit; or

To facilitate other changes to protect human

health and the environment.

A temporary authorization shall be reissued for one

additional term of up to 180 days provided that the

permittee has requested a Class 2 or 3 permit modification

for the activity covered in the temporary authorization,

and:

The reissued temporary authorization constitutes the

Agency's decision on a Class 2 permit modification in

accordance with Section 703.282(f)(1)(D) or (f)(2)(D),

The Agency determines that the reissued temporary

authorization involving a Class 3 permit modification

request is warranted to allow the authorized

activities to continue while the modification

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

Public notice and appeals of permit modification decisions.

The Agency shall notify persons on the facility mailing list

and appropriate units of State and local government within

10 days of any decision to grant or deny a Class 2 or 3

permit modification request. The Agency shall also notify

such persons within 10 days after an automatic authorization

for a Class 2 modification goes into effect under Section

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

The Agency's decision to grant or deny a Class 2 or 3 permit

modification request may be appealed under the permit appeal

procedures of 35 Ill. Adm. Code 705.212.

An automatic authorization that goes into effect under

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

permit appeal procedures of 35 Ill. Adm. Code 705.212;

however, the permittee may continue to conduct the

activities pursuant to the automatic authorization until the

Board enters a final order on the appeal notwithstanding the

provisions of 35 Ill. Adm. Code 705.204.

Newly regulated wastes and units.

The permittee is authorized to continue to manage wastes

listed or identified as hazardous under 35 Ill. Adm. Code

721, or to continue to manage hazardous waste in units newly

regulated as hazardous waste management units, if:

The unit was in existence as a hazardous waste

facility with respect to the newly listed or

characterized waste or newly regulated waste

management unit on the effective date of the final

rule listing or identifying the waste, or regulating

the unit;

The permittee submits a Class 1 modification request

on or before the date on which the waste becomes

subject to the new requirements;

The permittee is in compliance with the applicable

standards of 35 Ill. Adm. Code 725 and 726;

The permittee also submits a complete class 2 or 3

modification request within 180 days after the

effective date of the rule listing or identifying the

waste, or subjecting the unit to management standards

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

In the case of land disposal units, the permittee

certifies that such unit is in compliance with all

applicable requirements of 35 Ill. Adm. Code 725 for

groundwater monitoring and financial responsibility

requirements on the date 12 months after the effective

date of the rule identifying or listing the waste as

hazardous, or regulating the unit as a hazardous waste

management unit. If the owner or operator fails to

certify compliance with all these requirements, the

owner or operator loses authority to operate under

this Section.

New wastes or units added to a facility's permit under this

subsection do not constitute expansions for the purpose of

the 25 percent capacity expansion limit for Class 2

modifications.

Permit modification list. The Agency shall maintain a list of all

approved permit modifications and shall publish a notice once a

year in a State-wide newspaper that an updated list is available

for review.

Board Note: Derived from 40 CFR 270.42(d) through (h) (1990), as

amended at 56 Fed. Reg. 7206, February 21, 1991, and at 56 Fed.

Reg. 32688, July 17, 1991.

(Source: Amended at 17 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.

BOARD NOTE: "*" indicates that prior Agency approval

is required.

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.

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.

Other changes.

Changes to analytical quality assurance/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.

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.

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% increase in the

facility's container storage capacity, except as

provided in F(1)(c) and F(4)(a).

Resulting in up to 25% increase in the facility's

container storage capacity, except as provided in

F(1)(c) and F(4)(a).

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 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% 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% 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% 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, 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).

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.

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% increase in the

facility's waste pile storage or treatment capacity.

Resulting in up to 25% 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.

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, run-off control or final

cover system.

Modification of a landfill unit without changing a liner,

leachate collection system, leachate detection system, run-

off 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.

Land Treatment

Lateral expansion of or other modification of a land

treatment unit to increase area extent.

Modification of run-on control system.

Modify run-off 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 resulting

in a change to the location, depth, number of sampling

points or replace unsaturated zone monitoring devices or

components of devices with devices or components that have

specifications different from permit requirements.

11.

Changes in the unsaturated zone monitoring system that do

not result in a change to the location, depth, number of

sampling points, or that replace unsaturated zone monitoring

devices or components of devices with devices or components

having specifications different from permit requirements.

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% 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% 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.

BOARD 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 nonhazardous waste fuel

that is not specified in the permit.

Containment Buildings.

Modification or addition of containment building units:

Resulting in greater than 25% increase in the

facility's containment building storage or treatment

capacity.

Resulting in up to 25% 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

BOARD NOTE: Derived from 40 CFR 270.42, Appendix I (1990),

as amended at 56 Fed. Reg. 7206, February 21, 1991Fed. Reg.

37281, August 18, 1992.

(Source: Amended at 17 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

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures for Determinations

720.140

Additional regulation of certain hazardous waste Recycling

Activities on a case-by-case Basis

720.141

Procedures for case-by-case regulation of hazardous waste

Recycling Activities

720.Appendix A

Overview of 40 CFR, Subtitle C Regulations

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

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1022.4 and

1027 [415 ILCS 5/22.4 and 5/27]).

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as

noted in 35 Ill. Adm. Code 700.106; amended and codified in R81-22, 45 PCB

317, at 6 Ill. Reg. 4828, effective as noted in 35 Ill. Adm. Code 700.106;

amended in R82-19 at 7 Ill. Reg. 14015, effective Oct. 12, 1983; amended in

R84-9, 53 PCB 131 at 9 Ill. Reg. 11819, effective July 24, 1985; amended in

R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10

Ill. Reg. 13998, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg.

20630, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017,

effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13435, effective

August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19280, effective November 12,

1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January 15, 1988;

amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in

R88-16 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 R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at

17 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"

that is situated in such a way that the entire surface area of the

tank is completely above the plane of the adjacent surrounding

surface and the entire surface area of the tank (including the

tank bottom) is able to be visually inspected.

"Act" or "RCRA" means the Solid Waste Disposal Act, as amended by

the Resource Conservation and Recovery Act of 1976, as amended (42

U.S.C. 6901 et seq.)

"Active life" of a facility means the period from the initial

receipt of hazardous waste at the facility until the Agency

receives certification of final closure.

"Active portion" means that portion of a facility where treatment,

storage or disposal operations are being or have been conducted

after 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. Environmental

Protection Agency or the Administrator's designee.

"Agency" means the Illinois Environmental Protection Agency.

"Ancillary equipment" means any device including, but not limited

to, such devices as piping, fittings, flanges, valves and pumps,

that is used to distribute, meter or control the flow of hazardous

waste from its point of generation to storage or treatment

tank(s), between hazardous waste storage and treatment tanks to a

point of disposal onsite, or to a point of shipment for disposal

off-site.

"Aquifer" means a geologic formation, group of formations or part

of a formation capable of yielding a significant amount of

groundwater to wells or springs.

"Authorized representative" means the person responsible for the

overall operation of a facility or an operational unit (i.e., part

of a facility), e.g., the plant manager, superintendent or person

of equivalent responsibility.

"Board" means the Illinois Pollution Control Board.

"Boiler" means an enclosed device using controlled flame

combustion and having the following characteristics:

The unit must have physical provisions for recovering and

exporting thermal energy in the form of steam, heated fluids

or heated gases; and the unit's combustion chamber and

primary energy recovery Section(s) must be of integral

design. To be of integral design, the combustion chamber and

the primary energy recovery Section(s) (such as waterwalls

and superheaters) must be physically formed into one

manufactured or assembled unit. A unit in which the

combustion chamber and the primary energy recovery

Section(s) are joined only by ducts or connections carrying

flue gas is not integrally designed; however, secondary

energy recovery equipment (such as economizers or air

preheaters) need not be physically formed into the same unit

as the combustion chamber and the primary energy recovery

Section. The following units are not precluded from being

boilers solely because they are not of integral design:

process heaters (units that transfer energy directly to a

process stream), and fluidized bed combustion units; and

While in operation, the unit must maintain a thermal energy

recovery efficiency of at least 60 percent, calculated in

terms of the recovered energy compared with the thermal

value of the fuel; and

The unit must export and utilize at least 75 percent of the

recovered energy, calculated on an annual basis. In this

calculation, no credit shall be given for recovered heat

used internally in the same unit. (Examples of internal use

are the preheating of fuel or combustion air, and the

driving of induced or forced draft fans or feedwater pumps);

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 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 could threaten human health or the environment.

"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,

Which:

Has received a RCRA permit (or interim status)

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

Has received a RCRA permit from USEPA pursuant to 40

CFR 124 and 270 (1991);

Has received a RCRA permit from a state authorized by

USEPA pursuant to 40 CFR 271 (1991); or

Is regulated under 35 Ill. Adm. Code 721.106(c)(2) or

266.Subpart F; and

Which has been designated on the manifest by the generator

pursuant to 35 Ill. Adm. Code 722.120.

If a waste is destined to a facility in a state, other than

Illinois, which has been authorized by 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.

"Dike" means an embankment or ridge of either natural or manmade

materials used to prevent the movement of liquids, sludges, solids

or other materials.

"Director" means the Director of the Illinois Environmental

Protection Agency.

"Discharge" or "hazardous waste discharge" means the accidental or

intentional spilling, leaking, pumping, pouring, emitting,

emptying or dumping of hazardous waste into or on any land or

water.

"Disposal" means the discharge, deposit, injection, dumping,

spilling, leaking or placing of any solid waste or hazardous waste

into or on any land or water 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.

"Drip pad" means an engineered structure consisting of a curbed,

free-draining base, constructed of non-earthen materials and

designed to convey preservative kick-back or drippage from treated

wood, precipitation and surface water run-on to an associated

collection system at wood preserving plants.

"Elementary neutralization unit" means a device which:

Is used for neutralizing wastes which are hazardous only

because they exhibit the corrosivity characteristic defined

in 35 Ill. Adm. Code 721.122 or are listed in 35 Ill. Adm.

Code 721.Subpart D only for this reason; and

Meets the definition of tank, tank system, container,

transport vehicle or vessel in this Section.

"EPA" or "USEPA " means United States Environmental Protection

Agency.

"EPA hazardous waste number" or "USEPA hazardous waste number"

means the number assigned by EPA to each hazardous waste listed in

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

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" 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 was in operation or for which

construction commenced on or before November 19, 1980. A facility

had commenced construction if the owner or operator had obtained

the federal, state and local approvals or permits necessary to

begin physical construction and either:

A continuous on-site, physical construction program had

begun or

The owner or operator had entered into contractual

obligations -- which could not be cancelled or modified

without substantial loss -- for physical construction of the

facility to be completed within a reasonable time.

"Existing portion" means that land surface area of an existing

waste management unit, included in the original Part A permit

application, on which wastes have been placed prior to the

issuance of a permit.

"Existing tank system" or "existing component" means a tank system

or component that is used for the storage or treatment of

hazardous waste and that is in operation, or for which

installation has commenced on or prior to July 14, 1986.

Installation will be considered to have commenced if the owner or

operator has obtained all federal, State and local approvals or

permits necessary to begin physical construction of the site or

installation of the tank system and if either

A continuous on-site physical construction or installation

program has begun; or

The owner or operator has entered into contractual

obligations -- which cannot be canceled or modified without

substantial loss -- for physical construction of the site or

installation of the tank system to be completed within a

reasonable time.

"Facility" 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).

"Final closure" means the closure of all hazardous waste

management units at the facility in accordance with all applicable

closure requirements so that hazardous waste management activities

under 35 Ill. Adm. Code 724 and 725 are no longer conducted at the

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

722.134.

"Federal agency" means any department, agency or other

instrumentality of the federal government, any independent agency

or establishment of the federal government including any

government corporation and the Government Printing Office.

"Federal, state and local approvals or permits necessary to begin

physical construction" means permits and approvals required under

federal, state or local hazardous waste control statutes,

regulations or ordinances.

"Food-chain crops" means tobacco, crops grown for human

consumption and crops grown for feed for animals whose products

are consumed by humans.

"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 hazardous waste identified or listed in 35 Ill. Adm. Code

721 or whose act first causes a hazardous waste to become subject

to regulation.

"Groundwater" means water below the land surface in a zone of

saturation.

"Hazardous waste" means a hazardous waste as defined in 35 Ill.

Adm. Code 721.103.

"Hazardous waste constituent" means a constituent which caused the

hazardous waste to be listed in 35 Ill. Adm. Code 721.Subpart D,

or a constituent listed in of 35 Ill. Adm. Code 721.124.

"Hazardous waste management unit" is a contiguous area of land on

or in which hazardous waste is placed, or the largest area in

which there is significant likelihood of mixing hazardous waste

constituents in the same area. Examples of hazardous waste

management units include a surface impoundment, a waste pile, a

land treatment area, a landfill cell, an incinerator, a tank and

its associated piping and underlying containment system and a

container storage area. A container alone does not constitute a

unit; the unit includes containers and the land or pad upon which

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:

Uses controlled flame combustion and neither:

Meets the criteria for classification as a boiler,

sludge dryer or carbon regeneration unit, nor

Is listed as an industrial furnace; or

Meets the definition of infrared incinerator or plasma arc

incinerator.

"Incompatible waste" means a hazardous waste which is suitable

for:

Placement in a particular device or facility because it may

cause corrosion or decay of containment materials (e.g.,

container inner liners or tank walls); or

Commingling with another waste or material under

uncontrolled conditions because the commingling might

produce heat or pressure, fire or explosion, violent

reaction, toxic dusts, mists, fumes or gases or flammable

fumes or gases.

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

"Industrial furnace" means any of the following enclosed devices

that are integral components of manufacturing processes and that

use thermal treatment to accomplish recovery of materials or

energy:

Cement kilns

Lime kilns

Aggregate kilns

Phosphate kilns

Coke ovens

Blast furnaces

Smelting, melting and refining furnaces (including

pyrometallurgical devices such as cupolas, reverberator

furnaces, sintering machines, roasters and foundry furnaces)

Titanium dioxide chloride process oxidation reactors

Methane reforming furnaces

Pulping liquor recovery furnaces

Combustion devices used in the recovery of sulfur values

from spent sulfuric acid

Halogen acid furnaces (HAFs) for the production of acid from

halogenated hazardous waste generated by chemical production

facilities where the furnace is located on the site of a

chemical production facility, the acid product has a halogen

acid content of at least 3%, the acid product is used in a

manufacturing process and, except for hazardous waste burned

as fuel, hazardous waste fed to the furnace has a minimum

halogen content of 20%, as generated.

Any other such device as the Agency determines to be an

"Industrial Furnace" on the basis of one or more of the

following factors:

The design and use of the device primarily to

accomplish recovery of material products;

The use of the device to burn or reduce raw materials

to make a material product;

The use of the device to burn or reduce secondary

materials as effective substitutes for raw materials,

in processes using raw materials as principal

feedstocks;

The use of the device to burn or reduce secondary

materials as ingredients in an industrial process to

make a material product;

The use of the device in common industrial practice to

produce a material product; and

Other relevant factors.

"Individual generation site" means the 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 uses

electric powered resistance heaters as a source of radiant heat

followed by an afterburner using controlled flame combustion and

which is not listed as an industrial furnace.

"Inground tank" means a device meeting the definition of "tank"

whereby a portion of the tank wall is situated to any degree

within the ground, thereby preventing visual inspection of that

external surface area of the tank that is in the ground.

"In operation" refers to a facility which is treating, storing or

disposing of hazardous waste.

"Injection well" means a well into which fluids are being

injected. (See also "underground injection".)

"Inner liner" means a continuous layer of material placed inside a

tank or container which protects the construction materials of the

tank or container from the contained waste or reagents used to

treat the waste.

"Installation inspector" means a person who, by reason of

knowledge of the physical sciences and the principles of

engineering, acquired by a professional education and related

practical experience, is qualified to supervise the installation

of tank systems.

"International shipment" means the transportation of hazardous

waste into or out of the jurisdiction of the United States.

"Land treatment facility" means a facility or part of a facility

at which hazardous waste is applied onto or incorporated into the

soil surface; such facilities are disposal facilities if the waste

will remain after closure.

"Landfill" means a disposal facility or part of a facility where

hazardous waste is placed in or on land and which is not a pile, a

land treatment facility, a surface impoundment, an underground

injection well, a salt dome formation, an underground mine or a

cave.

"Landfill cell" means a discrete volume of a hazardous waste

landfill which uses a liner to provide isolation of wastes from

adjacent cells or wastes. Examples of landfill cells are trenches

and pits.

"LDS" means leak detection system.

"Leachate" means any liquid, including any suspended components in

the liquid, that has percolated through or drained from hazardous

waste.

"Liner" means a continuous layer of natural or manmade materials

beneath or on the sides of a surface impoundment, landfill or

landfill cell, which restricts the downward or lateral escape of

hazardous waste, hazardous waste constituents or leachate.

"Leak-detection system" means a system capable of detecting the

failure of either the primary or secondary containment 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 contains the information required by 35 Ill.

Adm. Code 722.Subpart B.

"Manifest document number" means the USEPA twelve digit

identification number assigned to the generator plus a unique five

digit document number assigned to the manifest by the generator

for recording and reporting purposes.

"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 which is not

a container, tank, tank system, surface impoundment, pile, land

treatment unit, landfill, incinerator, boiler, industrial furnace,

underground injection well with appropriate technical standards

under 35 Ill. Adm. Code 730, containment building, or a unit

eligible for a research, development and demonstration permit

under 35 Ill. Adm. Code 703.231.

"Movement" means that hazardous waste transported to a facility in

an individual vehicle.

"New hazardous waste management facility" or "new facility" means

a facility which began operation, or for which construction

commenced, after November 19, 1980. (See also "Existing hazardous

waste management facility".)

"New tank system" or "new tank component" means a tank system or

component that will be used for the storage or treatment of

hazardous waste and for which installation commenced after July

14, 1986; except, however, for purposes of 35 Ill. 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 who owns a facility or part of a

facility.

"Partial closure" means the closure of a hazardous waste

management unit in accordance with the applicable closure

requirements of 35 Ill. Adm. Code 724 or 725 at a facility which

contains other active hazardous waste management units. For

example, partial closure may include the closure of a tank

(including its associated piping and underlying 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.

"Pile" means any noncontainerized accumulation of solid, non-

flowing hazardous waste that is used for treatment or storage.,

and that is not a containment building.

"Plasma arc incinerator" means any enclosed device which uses a

high intensity electrical discharge or arc as a source of heat

followed by an afterburner using controlled flame combustion and

which is not listed as an industrial furnace.

"Point source" means any discernible, confined and discrete

conveyance including, but not limited to, any pipe, ditch,

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 fate and transport.

BOARD NOTE: "State registration" includes, but is not

limited to, registration as a professional engineer with the

Department of Professional Regulation, pursuant to Ill. Rev.

Stat. 1991, ch. 111, par. 5201 [225 ILCS 325/1] and 68 Ill.

Adm. Code 1380. "Professional certification" includes, but

is not limited to, certification under the certified ground

water professional program of the National Ground Water

Association.

"Regional Administrator" means the Regional Administrator for the

EPA Region in which the facility is located or the Regional

Administrator's designee.

"Representative sample" means a sample of a universe or whole

(e.g., waste pile, lagoon, groundwater) which can be expected to

exhibit the average properties of the universe or whole.

"Replacement unit" means a landfill, surface impoundment or waste

pile unit from which all or substantially all of the waste is

removed, and which is subsequently reused to treat, store or

dispose of hazardous waste. "Replacement unit" does not include a

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

reuse solely involves the disposal of waste 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.

"Runoff" means any rainwater, leachate or other liquid that drains

over land from any part of a facility.

"Runon" means any rainwater, leachate or other liquid that drains

over land onto any part of a facility.

"Saturated zone" or "zone of saturation" means that part of the

earth's crust in which all voids are filled with water.

"SIC Code" means Standard Industrial Code as defined in Standard

Industrial Classification Manual, incorporated by reference in

Section 720.111.

"Sludge" means any solid, semi-solid or liquid waste generated

from a municipal, commercial or industrial wastewater treatment

plant, water supply treatment plant or air pollution control

facility exclusive of the treated effluent from a wastewater

treatment plant.

"Sludge dryer" means any enclosed thermal treatment device which

is used to dehydrate sludge and which has a total thermal input,

excluding the heating value of the sludge itself, of 2500 Btu/lb

or less of sludge treated on a wet weight basis.

"Small Quantity Generator" means a generator which generates less

than 1000 kg of hazardous waste in a calendar month.

"Solid waste" means a solid waste as defined in 35 Ill. Adm. Code

721.102.

"Sorbent" means a material that is used to soak up free liquids by

either adsorption or absorption, or both. "Sorb" means to either

adsorb or absorb, or both.

"Sump" means any pit or reservoir that meets the definition of

tank and those troughs or trenches 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.

"State" means any of the several states, the District of Columbia,

the Commonwealth of Puerto Rico, the Virgin Islands, Guam,

American Samoa and the Commonwealth of the Northern Mariana

Islands.

"Storage" means the holding of hazardous waste for a temporary

period, at the end of which the hazardous waste is treated,

disposed of or stored elsewhere.

"Surface impoundment" or "impoundment" means a facility or part of

a facility which is a natural topographic depression, manmade

excavation or diked area formed primarily of earthen materials

(although it may be lined with manmade materials) which is

designed to hold an accumulation of liquid wastes or wastes

containing free liquids and which is not an injection well.

Examples of surface impoundments are holding, storage, settling

and aeration pits, ponds and lagoons.

"Tank" means a stationary device, designed to contain an

accumulation of hazardous waste which is constructed primarily of

nonearthen materials (e.g., wood, concrete, steel, plastic) which

provide structural support.

"Tank system" means a hazardous waste storage or treatment tank

and its associated ancillary equipment and containment system.

"Thermal treatment" means the treatment of hazardous waste in a

device which uses elevated temperatures as the primary means to

change the chemical, physical or biological character or

composition of the hazardous waste. Examples of thermal treatment

processes are incineration, molten salt, pyrolysis, calcination,

wet air oxidation and microwave discharge. (See also "incinerator"

and "open burning".)

"Totally enclosed treatment facility" means a facility for the

treatment of hazardous waste which is directly connected to an

industrial production process and which is constructed and

operated in a manner which prevents the release of any hazardous

waste or any constituent thereof into the environment during

treatment. An example is a pipe in which waste acid is

neutralized.

"Transfer facility" means any transportation related facility

including loading docks, parking areas, storage areas and other

similar areas where shipments of hazardous waste are held during

the normal course of transportation.

"Transport vehicle" means a motor vehicle or rail car used for the

transportation of cargo by any mode. Each cargo-carrying body

(trailer, railroad freight car, etc.) is a separate transport

vehicle.

"Transportation" means the movement of hazardous waste by air,

rail, highway or water.

"Transporter" means a person engaged in the off-site

transportation of hazardous waste by air, rail, highway or water.

"Treatability study" means:

A study in which a hazardous waste is subjected to a

treatment process to determine:

Whether the waste is amenable to the treatment

process.

What pretreatment (if any) is required.

The optimal process conditions needed to achieve the

desired treatment.

The efficiency of a treatment process for a specific

waste or wastes. Or,

The characteristics and volumes of residuals from a

particular treatment process.

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

Adm. Code 721.104(e) and (f) exemptions are liner

compatibility, corrosion and other material compatibility

studies and toxicological and health effects studies. A

"treatability study" is not a means to commercially treat or

dispose of hazardous waste.

"Treatment" means any method, technique or process, including

neutralization, designed to change the physical, chemical or

biological character or composition of any hazardous waste so as

to neutralize such waste, or so as to recover energy or material

resources from the waste or so as to render such waste non-

hazardous or less hazardous; safer to transport, store or dispose

of; or amenable for recovery, amenable for storage or reduced in

volume.

"Treatment zone" means a soil area of the unsaturated zone of a

land treatment unit within which hazardous constituents are

degraded, transformed or immobilized.

"Underground injection" means the subsurface emplacement of fluids

through a bored, drilled or driven well; or through a dug well,

where the depth of the dug well is greater than the largest

surface dimension. (See also "injection well".)

"Underground tank" means a device meeting the definition of "tank"

whose entire surface area is totally below the surface of and

covered by the ground.

"Unfit-for-use tank system" means a tank system that has been

determined through an integrity assessment or other inspection to

be no longer capable of storing or treating hazardous waste

without posing a threat of release of hazardous waste to the

environment.

"Uppermost aquifer" means the geologic formation nearest the

natural ground surface that is an aquifer, as well as lower

aquifers that are hydraulically interconnected with this aquifer

within the facility's property boundary.

"United States" means 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.

"Unsaturated zone" or "zone of aeration" means the zone between

the land surface and the water table.

"USEPA" means United States Environmental Protection Agency.

"Used oil" means any oil that has been refined from crude oil, or

any synthetic oil, that has been used and as a result of such use

is contaminated by physical or chemical impurities.

"Vessel" includes every description of watercraft, used or capable

of being used as a means of transportation on the water.

"Wastewater treatment unit" means a device which:

Is part of a wastewater treatment facility which has an

NPDES permit pursuant to 35 Ill. Adm. Code 309 or a

pretreatment permit or authorization to discharge pursuant

to 35 Ill. Adm. Code 310; and

Receives and treats or stores an influent wastewater which

is a hazardous waste as defined in 35 Ill. Adm. Code

721.103, or generates and accumulates a wastewater treatment

sludge which is a hazardous waste as defined in 35 Ill. Adm.

Code 721.103, or treats or stores a wastewater treatment

sludge which is a hazardous waste as defined in 35 Ill. Adm.

Code 721.103; and

Meets the definition of tank or tank system in this Section.

"Water (bulk shipment)" means the bulk transportation of hazardous

waste which is 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 17 Ill. Reg. _________, effective ____________________)

Section 720.111

References

The following publications are incorporated by reference:

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

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.

API. Available from the American Petroleum Institute, 1220

L Street, N.W., Washington, D.C. 20005, (202) 682-8000:

"Guide for Inspection of Refinery Equipment, Chapter

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

Edition, 1981, reaffirmed December, 1987.

"Cathodic Protection of Underground Petroleum Storage

Tanks and Piping Systems," API Recommended Practice

1632, Second Edition, December, 1987.

"Installation of Underground Petroleum Storage

Systems," API Recommended Practice 1615, Fourth

Edition, November, 1987.

APTI. Available from the Air and Waste Management

Association, Box 2861, Pittsburgh, PA 15230, (412) 232-

3444:

APTI Course 415: Control of Gaseous Emissions, EPA

Publication EPA-450/2-81-005, December, 1981.

ASME. Available from the American Society of Mechanical

Engineers, 345 East 47th Street, New York, NY 10017, (212)

705-7722:

"Chemical Plant and Petroleum Refinery Piping",

ASME/ANSI B31.3-1987, 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 C94-90, Standard Specification for Ready-Mixed

Concrete, approved March 30, 1990.

ASTM D88-87, Standard Test Method for Saybolt

Viscosity, April 24, 1981, reapproved January, 1987.

ASTM D93-85, Standard Test Methods for Flash Point by

Pensky-Martens Closed Tester, approved October 25,

1985.

ASTM D1946-90, Standard Practice for Analysis of

Reformed Gas by Gas Chromatography, Approved March 30,

1990.

ASTM D2161-87, Standard Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt

Furol Viscosity, March 27, 1987.

ASTM D2267-88, Standard Test Method for Aromatics in

Light Naphthas and Aviation Gasolines by Gas

Chromatography, approved November 17, 1988.

ASTM D2382-88, Standard Test Method for Heat of

Combustion of Hydrocarbon Fuels by Bomb Calorimeter

(High Precision Method), approved October 31, 1988.

ASTM D2879-86, Standard Test Method for Vapor

Pressure-Temperature Relationship and Initial

Decomposition Temperature of Liquids by Isoteniscope,

approved October 31, 1986.

ASTM D3828-87, Standard Test Methods for Flash Point

of Liquids by Setaflash Closed Tester, approved

December 14, 1988.

ASTM E168-88, Standard Practices for General

Techniques of Infrared Quantitative Analysis, approved

May 27, 1988.

ASTM E169-87, Standard Practices for General

Techniques of Ultraviolet-Visible Quantitative

Analysis, approved February 1, 1987.

ASTM E260-85, Standard Practice for Packed Column Gas

Chromatography, approved June 28, 1985.

ASTM Method G21-70 (1984a) -- Standard Practice for

Determining Resistance of Synthetic Polymer Materials

to Fungi

ASTM Method G22-76 (1984b) -- Standard Practice for

Determining Resistance of Plastics to Bacteria.

GPO. Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20401, (202)

783-3238:

Standard Industrial Classification Manual (1972), and

1977 Supplement, republished in 1983

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 RP0285-85,

approved March, 1985.

NFPA. Available from the National Fire Protection

Association, Batterymarch Park, Boston, MA 02269, (617)

770-3000 or (800) 344-3555:

"Flammable and Combustible Liquids Code" NFPA 30,

issued July 17, 1987. Also available from ANSI.

NTIS. Available from the National Technical Information

Service, 5285 Port Royal Road, Springfield, VA 22161, (703)

487-4600:

"Generic Quality Assurance Project Plan for Land

Disposal Restrictions Program", EPA/530-SW-87-011,

March 15, 1987. (Document number PB 88-170766.)

"Guidance on Air Quality Models", Revised 1986.

(Document number PB86-245-248 (Guideline) and PB88-

150-958 (Supplement)).

"Methods for Chemical Analysis of Water and Wastes",

Third Edition, March, 1983. (Document number PB 84-

128677).

"Methods Manual for Compliance with BIF Regulations",

December, 1990. (Document number PB91-120-006).

"Petitions to Delist Hazardous Wastes -- A Guidance

Manual", EPA/530-SW-85-003, April, 1985. (Document

Number PB 85-194488).

"Procedures Manual for Ground Water Monitoring at

Solid Waste Disposal Facilities", EPA-530/SW-611,

1977. (Document number PB 84-174820).

"Screening Procedures for Estimating the Air Quality

Impact of Stationary Sources", August, 1988 (Document

number PB89-159396).

"Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods," EPA Publication number SW-

846 (Second Edition, 1982 as amended by Update I

(April, 1984) and Update II (April, 1985)) (Document

number PB 87-120291).

"Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods," EPA Publication number SW-

846 (Third Edition, September 1986 (Document number

PB88-239223) as amended by Revision I (December 1987)

and First Update, January, 1988) (Document Number

PB89148076)).

STI. Available from the Steel Tank Institute, 728 Anthony

Trail, Northbrook, IL 60062, (312) 498-1980:

"Standard for Dual Wall Underground Steel Storage

Tanks" (1986).

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 USEPA, Number F-90-WPWF-FFFFF, Room

M2427, 401 M Street SW, Washington, D.C. 20460, (202) 475-

9327:

"Test Method 8290: Procedures for the Detection and

Measurement of PCDDs and PCDFs", EPA/530-SW-91-019

(January, 1991)

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 (19912)

40 CFR 51.100(ii) (19912)

40 CFR 60 (19912)

40 CFR 61, Subpart V (19912)

40 CFR 136 (19912)

40 CFR 142 (19912)

40 CFR 220 (19912)

40 CFR 260.20 (19912)

40 CFR 264 (19912)

40 CFR 302.4, 302.5 and 302.6 (19912)

40 CFR 761 (1991)

Federal Statutes

Section 3004 of the Resource Conservation and Recovery Act (42

U.S.C. 6901 et seq.), as amended through December 31, 1987.

This Section incorporates no later editions or amendments.

(Source: Amended at 16 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

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.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 under Section 720.120 and 720.122

Table A

Wastes Excluded from Non-Specific Sources

Table B

Wastes Excluded from Specific Sources

Table C

Wastes Excluded From Commercial Chemical Products, Off-

Specification Species, Container Residues, and Soil Residues

Thereof

Table D

Wastes Excluded by Adjusted Standard

721.Appendix J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans

721.Appendix Z

Table to Section 721.102

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

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1022.4 and

1027 [415 ILCS 5/22.4 and 27]).

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as noted

in 35 Ill. Adm. Code 700.106; amended and codified in R81-22, 45 PCB 317, at 6

Ill. Reg. 4828, effective as noted in 35 Ill. Adm. Code 700.106; amended in

R82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective February 22, 1983; amended

in R82-19, 53 PCB 131, at 7 Ill. Reg. 13999, effective October 12, 1983;

amended in R84-34, 61 PCB 247, at 8 Ill. Reg. 24562, effective December 11,

1984; amended in R84-9, at 9 Ill. Reg. 11834, effective July 24, 1985; amended

in R85-22 at 10 Ill. Reg. 998, effective January 2, 1986; amended in R85-2 at

10 Ill. Reg. 8112, effective 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. 5625, effective March 26, 1993;

amended in R93-4 at 17 Ill. Reg. _________, effective _______________.

SUBPART A: GENERAL PROVISIONS

Section 721.102

Definition of Solid Waste

Solid waste.

A solid waste is any discarded material that is not excluded

by Section 721.104(a) or that is not excluded pursuant to 35

Ill. Adm. Code 720.130 and 720.131.

A discarded material is any material which is:

Abandoned, as explained in subsection (b), below; or

Recycled, as explained in subsection (c), below; or

Considered inherently waste-like, as explained in

subsection (d), below.

Materials are solid waste if they are abandoned by being:

Disposed of; or

Burned or incinerated; or

Accumulated, stored or treated (but not recycled) before or

in lieu of being abandoned by being disposed of, burned or

incinerated.

Materials are solid wastes if they are recycled -- or accumulated,

stored or treated before recycling -- as specified in subsections

(c)(1) through (4), below, if they are:

Used in a manner constituting disposal.

Materials noted with a "yes" in column 1 of table in

Section 721.Appendix Z are solid wastes when they are:

Applied to or placed on the land in a manner

that constitutes disposal; or

ii)

Used to produce products that are applied to or

placed on the land or are otherwise contained in

products that are applied to or placed on the

land (in which cases the product itself remains

a solid waste).

However, commercial chemical products listed in

Section 721.133 are not solid wastes if they are

applied to the land and that is their ordinary manner

of use.

Burned for energy recovery.

Materials noted with a "yes" in column 2 of table in

Section 721.Appendix Z are solid wastes when they are:

burned to recover energy;

ii)

Used to produce a fuel or are otherwise

contained in fuels (in which case the fuel

itself remains a solid waste);

iii)

Contained in fuels (in which case the fuel

itself remains a solid waste).

However, commercial chemical products listed in

Section 721.133 are not solid wastes if they are

themselves fuels.

Reclaimed. Materials noted with a "yes" in column 3 of

table in Section 721.Appendix Z are solid wastes when

reclaimed.

Accumulated speculatively. Materials noted with "yes" in

column 4 of table in Section 721.Appendix Z are solid wastes

when accumulated speculatively.

Inherently waste-like materials. The following materials are

solid wastes when they are recycled in any manner:

Hazardous waste numbers F020, F021 (unless used as an

ingredient to make a product at the site of generation),

F022, F023, F026 and F028.

Secondary materials fed to a halogen acid furnace that

exhibit a characteristic of a hazardous waste or are listed

as a hazardous waste as defined in Subparts C or D, except

for brominated material which meets the following criteria:

The material must contain a bromine concentration of

at least 45%; and

The material must contain less than a total of 1% of

toxic organic compounds listed in Section 721.Appendix

H; and

The material is processed continually on-site in the

halogen acid furnace via direct conveyance (hard

piping).

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

Disposal method or toxicity.

The materials are ordinarily disposed of, burned

or incinerated; or

ii)

The materials contain toxic constituents listed

in Section 721.Appendix H and these constituents

are not ordinarily found in raw materials or

products for which the materials substitute (or

are found in raw materials or products in

smaller concentrations) and are not used or

reused during the recycling process; and

The material may pose a substantial hazard to human

health and the environment when recycled.

Materials that are not solid waste when recycled.

Materials are not solid wastes when they can be shown to be

recycled by being:

Used or reused as ingredients in an industrial process

to make a product, provided the materials are not

being reclaimed; or

Used or reused as effective substitutes for commercial

products; or

Returned to the original process from which they are

generated, without first being reclaimed. The

materials must be returned as a substitute for raw

materials feedstock, and the process must use raw

materials as principal feedstocks.

The following materials are solid wastes, even if the

recycling involves use, reuse or return to the original

process (described in subsections (e) (1) (A) - (C) , above:

Materials used in a manner constituting disposal, or

used to produce products that are applied to the land;

Materials burned for energy recovery, used to produce

a fuel or contained in fuels; or

Materials accumulated speculatively; or

Materials listed in subsections (d)(1) and (d)(2),

above.

Documentation of claims that materials are not solid wastes or are

conditionally exempt from regulation. Respondents in actions to

enforce regulations implementing Subtitle C of the Resource

Conservation Recovery Act or Section 21 of the Environmental

Protection Act who raise a claim that a certain material is not a

solid waste, or is conditionally exempt from regulation must

demonstrate that there is a known market or disposition for the

material, and that they meet the terms of the exclusion or

exemption. In doing so, they must provide appropriate

documentation (such as contracts showing that a second person uses

the material as an ingredient in a production process) to

demonstrate that the material is not a waste, or is exempt from

regulation. In addition, owners or operators of facilities

claiming that they actually are recycling materials must show that

they have the necessary equipment to do so.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 721.103

Definition of Hazardous Waste

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

if:

It is not excluded from regulation as a hazardous waste

under Section 721.104(b); and

It meets any of the following criteria:

It exhibits any of the characteristics of hazardous

waste identified in 721.Subpart C. Except that any

mixture of a waste from the extraction, beneficiation

or processing of ores or minerals excluded under

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

exhibiting a characteristic of hazardous waste under

721.Subpart C is a hazardous waste only: if it

exhibits a characteristic that would not have been

exhibited by the excluded waste alone if such mixture

had not occurred; or, if it continues to exhibit any

of the characteristics exhibited by the non-excluded

wastes prior to mixture. Further, for the purposes of

applying the toxicity characteristic to such mixtures,

the mixture is also a hazardous waste: if it exceeds

the maximum concentration for any contaminant listed

in Section 721.124 that would not have been exceeded

by the excluded waste alone if the mixture had not

occurred; or, if it continues to exceed the maximum

concentration for any contaminant exceeded by the

nonexempt waste prior to mixture.

It is listed in 721.Subpart D and has not been

excluded from the lists in 721.Subpart under 35 Ill.

Adm. Code 720.120 and 720.122.

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

that is listed in 721.Subpart D solely because it

exhibits one or more of the characteristics of

hazardous waste identified in 721.Subpart C, unless

the resultant mixture no longer exhibits any

characteristic of hazardous waste identified in

721.Subpart C, or unless the solid waste: is excluded

from regulation under Section 721.104(b)(7); and, the

resultant mixture no longer exhibits any

characteristic of hazardous waste identified in

721.Subpart C for which the hazardous waste listed in

721.Subpart D was listed. (However, nonwastewater

mixtures are still subject to the requirements of 35

Ill. Adm. Code 728, even if they no longer exhibit a

characteristic at the point of land disposal).

It is a mixture of solid waste and one or more

hazardous wastes listed in 721.Subpart D and has not

been excluded from this subsection (a)(2) under 35

Ill. Adm. Code 720.120 and 720.122; however, the

following mixtures of solid wastes and hazardous

wastes listed in 721.Subpart D are not hazardous

wastes (except by application of subsection (a)(2)(A)

or (B) above) if the generator demonstrates that the

mixture consists of wastewater the discharge of which

is subject to regulation under either 35 Ill. Adm.

Code 309 or 310 (including wastewater at facilities

which have eliminated the discharge of wastewater)

and:

One or more of the following solvents listed in

Section 721.131 - carbon tetrachloride, tetra-

chloroethylene, trichloroethylene - provided

that the maximum total weekly usage of these

solvents (other than the amounts that can be

demonstrated not to be discharged to wastewater)

divided by the average weekly flow of wastewater

into the headworks of the facility's wastewater

treatment or pretreatment system does not exceed

1 part per million; or

ii)

One or more of the following spent solvents

listed in Section 721.131 - methylene chloride,

1,1,1 - trichloroethane, chlorobenzene,

o-dichlorobenzene, cresols, cresylic acid,

nitrobenzene, toluene, methyl ethyl ketone,

carbon disulfide, isobutanol, pyridine, spent

chlorofluorocarbon solvents - provided that the

maximum total weekly usage of these solvents

(other than the amounts that can be demonstrated

not to be discharged to wastewater) divided by

the average weekly flow of wastewater into the

headworks of the facility's wastewater treatment

or pretreatment system does not exceed 25 parts

per million; or

iii)

One of the following wastes listed in Section

721.132 - heat exchanger bundle cleaning sludge

from the petroleum refining industry (EPA

Hazardous Waste No. K050); or

iv)

A discarded commercial chemical product, or

chemical intermediate listed in Section 721.133,

arising from de minimis losses of these

materials from manufacturing operations in which

these materials are used as raw materials or are

produced in the manufacturing process. For

purposes of this subsection, "de minimis" losses

include those from normal material handling

operations (e.g., spills from the unloading or

transfer of materials from bins or other

containers, leaks from pipes, valves or other

devices used to transfer materials); minor leaks

of process equipment, storage tanks or

containers; leaks from well-maintained pump

packings and seals; sample purgings; relief

device discharges; discharges from safety

showers and rinsing and cleaning of personal

safety equipment; and rinsate from empty

containers or from containers that are rendered

empty by that rinsing; or

Wastewater resulting from laboratory operations

containing toxic (T) wastes listed in Subpart D

of this Part, provided that the annualized

average flow of laboratory wastewater does not

exceed one percent of total wastewater flow into

the headworks of the facility's wastewater

treatment or pretreatment system, or provided

that the wastes combined annualized average

concentration does not exceed one part per

million in the headworks of the facility's

wastewater treatment or pretreatment facility.

Toxic (T) wastes used in laboratories that are

demonstrated not to be discharged to wastewater

are not to be included in this calculation.

Rebuttable presumption for used oil. Used oil

containing more than 1,000 ppm total halogens is

presumed to be a hazardous waste because it has been

mixed with halogenated hazardous waste listed in

721.Subpart D. Persons may rebut this presumption by

demonstrating that the used oil does not contain

hazardous waste (for example, by using an analytical

method from SW-846, Edition III, to show that the used

oil does not contain significant concentrations of

halogenated hazardous constituents listed in

721.Appendix H). USEPA Publication SW-846, Third

Edition, is available for the cost of $110.00 from the

Government Printing Office, Superintendent of

Documents, P.O. Box 371954, Pittsburgh, PA 15250-

7954, (202) 783-3238 (document number 955-001-00000-

1).

The rebuttable presumption does not apply to

metalworking oils or fluids containing

chlorinated paraffins, if they are processed,

through a tolling arrangement as described in 35

Ill. Adm. Code 739.124(c), to reclaim

metalworking oils or fluids. The presumption

does apply to metalworking oils or fluids if

such oils or fluids are recycled in any other

manner, or disposed.

ii)

The rebuttable presumption does not apply to

used oils contaminated with chlorofluorocarbons

(CFCs) removed from refrigeration units where

the CFCs are destined for reclamation. The

rebuttable presumption does apply to used oils

contaminated with CFCs that have been mixed with

used oil from sources other than refrigeration

units.

A solid waste which is not excluded from regulation under

subsection (a)(1) above becomes a hazardous waste when any of the

following events occur:

In the case of a waste listed in Subpart D of this Part,

when the waste first meets the listing description set forth

in Subpart D of this Part.

In the case of a mixture of solid waste and one or more

listed hazardous wastes, when a hazardous waste listed in

Subpart D of this Part is first added to the solid waste.

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

when the waste exhibits any of the characteristics

identified in Subpart C of this Part.

Unless and until it meets the criteria of subsection (d) below:

A hazardous waste will remain a hazardous waste.

Specific inclusions and exclusions.

Except as otherwise provided in subsection (c)(2)(B)

below, any solid waste generated from the treatment,

storage or disposal of a hazardous waste, including

any sludge, spill residue, ash, emission control dust

or leachate (but not including precipitation run-off),

is a hazardous waste. (However, materials that are

reclaimed from solid wastes and that are used

beneficially are not solid wastes and hence are not

hazardous wastes under this provision unless the

reclaimed material is burned for energy recovery or

used in a manner constituting disposal.)

The following solid wastes are not hazardous even

though they are generated from the treatment, storage

or disposal of a hazardous waste, unless they exhibit

one or more of the characteristics of hazardous waste:

Waste pickle liquor sludge generated by lime

stabilization of spent pickle liquor from the

iron and steel industry (SIC Codes 331 and 332)

(Standard Industrial Codes, as defined and

incorporated by reference in 35 Ill. Adm. Code

720.110 and 720.111).

ii)

Wastes from burning any of the materials

exempted from regulation by Section

721.106(a)(3)(E), (F), (G) or (H).

iii)

Nonwastewater residues, such as slag, resulting

from high temperature metal recovery (HTMR)

processing of K061, K062 or F006 waste, in units

identified, that are disposed of in non-

hazardous waste units, provided that these

residues meet the generic exclusion levels

identified belowin the tables in this subsection

for all constituents, and exhibit no

characteristics of hazardous waste. The types of

units are: rotary kilns, flame reactors,

electric furnaces, plasma arc furnaces, slag

reactors, rotary hearth furnace/electric furnace

combinations or the following types of

industrial furnaces (as defined in 35 Ill. Adm.

Code 720.110): blast furnaces, smelting, melting

and refining furnaces (including

pyrometallurgical devices such as cupolas,

reverberator furnaces, sintering machines,

roasters and foundry furnaces), and other

furnaces designated by the Agency pursuant to

that definition. Testing requirements must be

incorporated in a facility's waste analysis plan

or a generator's self-implementing waste

analysis plan; at a minimum, composite samples

of residues must be collected and analyzed

quarterly and when the process or operation

generating the waste changes. Persons claiming

this exclusion in an enforcement action will

have the burden of proving by clear and

convincing evidence that the material meets all

of the exclusion requirements. The generic

exclusion levels are:

Constituent

Maximum for any single

composite sample (mg/L)

Generic exclusion levels for K061 and K062

nonwastewater HTMR residues.

Antimony............................

0.10

Arsenic.............................

0.50

Barium..............................

7.6

Beryllium...........................

0.010

Cadmium.............................

0.050

Chromium (total)....................

0.33

Lead................................

0.15

Mercury.............................

0.009

Nickel..............................

1.0

Selenium............................

0.16

Silver..............................

0.30

Thallium............................

0.020

Vanadium............................

1.26

Zinc................................

70.

Generic exclusion levels for F006 nonwastewater

HTMR residues

Antimony............................

0.10

Arsenic.............................

0.50

Barium..............................

7.6

Beryllium...........................

0.010

Cadmium.............................

0.050

Chromium (total)....................

0.33

Cyanide (total) (mg/kg).............

1.8

Lead................................

0.15

Mercury.............................

0.009

Nickel..............................

1.0

Selenium............................

0.16

Silver..............................

0.30

Thallium............................

0.020

Zinc................................

For each shipment of K061 HTMR residues sent to

a nonhazardous waste management unit, a

notification and certification must be sent to

*the Agency (or, for out-of-State shipments, to

the appropriate Regional Administrator of USEPA

or state agency authorized to implement 40 CFR

268 requirements).A one-time notification and

certification must be placed in the facility's

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

State shipments, to the appropriate Regional

Administrator of USEPA or state agency

authorized to implement 40 CFR 268 requirements)

for K061, K062 or F006 HTMR residues that meet

the generic exclusion levels for all

constituents and do not exhibit any

characteristics that are sent to RCRA Subtitle D

units. The notification and certification that

is placed in the generators or treaters files

must be updated if the process or operation

generating the waste changes or if the RCRA

Subtitle D unit receiving the waste changes.

However, the generator or treater need only

notify the Agency on an annual basis if such

changes occur. Such notification and

certification should be sent to the Agency by

the end of the calendar year, but no later than

December 31. The notification must include the

following information: The name and address of

the nonhazardous waste management unit receiving

the waste shipment; The USEPA hazardous waste

number and treatability group at the initial

point of generation; The treatment standards

applicable to the waste at the initial point of

generation. The certification must be signed by

an authorized representative and must state as

follows:

"I certify under penalty of law that the generic

exclusion levels for all constituents have been

met without impermissible dilution and that no

characteristic of hazardous waste is exhibited.

I am aware that there are significant penalties

for submitting a false certification, including

the possibility of fine and imprisonment."

BOARD NOTE. The generic exclusion levels for

arsenic and zinc are higher than the HTMR based

alternative treatment standards for KO62 and

FOO6, and HTMR based treatment standards for

KO61, specified in 35 Ill. Adm. Code 728.141.

However, the HTMR residues must meet the

applicable treatment standards prior to generic

exclusion. Therefore, to be eligible for a

generic exclusion, the treated residues must

meet the lower of either the treatment standards

or the generic exclusion levels for each

constituent.

Any solid waste described in subsection (c) above is not a

hazardous waste if it meets the following criteria:

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

the characteristics of hazardous waste identified in Subpart

C of this Part. (However, wastes which exhibit a

characteristic at the point of generation may still be

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

if they no longer exhibit a characteristic at the point of

land disposal.)

In the case of a waste which is a listed waste under Subpart

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

this Part or is derived from a waste listed in Subpart D of

this Part, it also has been excluded from subsection (c)

above under 35 Ill. Adm. Code 720.120 and 720.122.

Notwithstanding subsections (a) through (d) above and provided the

debris as defined in 35 Ill. Adm. Code 728 does not exhibit a

characteristic identified at 721.Subpart C, the following

materials are not subject to regulation under 35 Ill. Adm. Code

720, 721 to 726, 728, or 730:

Hazardous debris as defined in 35 Ill. Adm. Code 728 that

has been treated using one of the required extraction or

destruction technologies specified in Table A of 35 Ill.

Adm. Code 728.145; persons claiming this exclusion in an

enforcement action will have the burden of proving by clear

and convincing evidence that the material meets all of the

exclusion requirements; or

Debris as defined in 35 Ill. Adm. Code 728 that the Agency,

considering the extent of contamination, has determined is

no longer contaminated with hazardous waste.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 721.104

Exclusions

Materials which are not solid wastes. The following materials are

not solid wastes for the purpose of this Part:

Sewage:

Domestic sewage; and

Any mixture of domestic sewage and other waste that

passes through a sewer system to publicly-owned

treatment works for treatment. "Domestic sewage" means

untreated sanitary wastes that pass through a sewer

system.

Industrial wastewater discharges that are point source

discharges with NPDES permits issued by the Agency pursuant

to Section 12(f) of the Environmental Protection Act and 35

Ill. Adm. Code 309.

BOARD NOTE: This exclusion applies only to the actual point

source discharge. It does not exclude industrial wastewaters

while they are being collected, stored or treated before

discharge, nor does it exclude sludges that are generated by

industrial wastewater treatment.

Irrigation return flows.

Source, special nuclear or by-product material as defined by

the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et

seq.)

Materials subjected to in-situ mining techniques which are

not removed from the ground as part of the extraction

process.

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

pulping liquor recovery furnace and then reused in the

pulping process, unless accumulated speculatively as defined

in Section 721.101(c);

Spent sulfuric acid used to produce virgin sulfuric acid,

unless it is accumulated speculatively as defined in Section

721.101(c).

Secondary materials that are reclaimed and returned to the

original process or processes in which they were generated

where they are reused in the production process, provided:

Only tank storage is involved, and the entire process

through completion of reclamation is closed by being

entirely connected with pipes or other comparable

enclosed means of conveyance;

Reclamation does not involve controlled flame

combustion (such as occurs in boilers, industrial

furnaces or incinerators);

The secondary materials are never accumulated in such

tanks for over twelve months without being reclaimed;

and

The reclaimed material is not used to produce a fuel,

or used to produce products that are used in a manner

constituting disposal.

Wood preserving wastes.

Spent wood preserving solutions that have been used

and are reclaimed and reused for their original

intended purpose; and

Wastewaters from the wood preserving process that have

been reclaimed and are reused to treat wood.

10)

Hazardous waste number K060, K087, K141, K142, K143, K144,

K145, K147, and K148, and any wastes from the coke by-

products processes which are hazardous only because they

exhibit the toxicity characteristic specified in Section

721.124, when, subsequent to generation, these materials are

recycled to coke ovens, to the tar recovery process as a

feedstock to produce coal tar or are mixed with coal tar

prior to the tar's sale or refining. This exclusion is

conditioned on there being no land disposal of the wastes

from the point they are generated to the point they are

recycled to coke ovens or tar recovery or the tar refining

processes, or mixed with coal.

11)

Nonwastewater splash condenser dross residue from the

treatment of K061 in high temperature metals recovery units,

provided it is shipped in drums (if shipped) and not land

disposed before recovery.

Solid wastes which are not hazardous wastes. The following solid

wastes are not hazardous wastes:

Household waste, including household waste that has been

collected, transported, stored, treated, disposed, recovered

(e.g., refuse-derived fuel) or reused. "Household waste"

means any waste material (including garbage, trash and

sanitary wastes in septic tanks) derived from households

(including single and multiple residences, hotels and

motels, bunkhouses, ranger stations, crew quarters,

campgrounds, picnic grounds and day-use recreation areas). A

resource recovery facility managing municipal solid waste

shall not be deemed to be treating, storing, disposing of or

otherwise managing hazardous wastes for the purposes of

regulation under this Part, if such facility:

Receives and burns only:

Household waste (from single and multiple

dwellings, hotels, motels and other residential

sources) and

ii)

Solid waste from commercial or industrial

sources that does not contain hazardous waste;

and

Such facility does not accept hazardous waste and the

owner or operator of such facility has established

contractual requirements or other appropriate

notification or inspection procedures to assure that

hazardous wastes are not received at or burned in such

facility.

Solid wastes generated by any of the following and which are

returned to the soil as fertilizers:

The growing and harvesting of agricultural crops.

The raising of animals, including animal manures.

Mining overburden returned to the mine site.

Fly ash waste, bottom ash waste, slag waste and flue gas

emission control waste generated primarily from the

combustion of coal or other fossil fuels, except as provided

in 35 Ill. Adm. Code 726.212 for facilities that burn or

process hazardous waste.

Drilling fluids, produced waters, and other wastes

associated with the exploration, development, or production

of crude oil, natural gas or geothermal energy.

Chromium wastes:

Wastes which fail the test for the toxicity

characteristic (Sections 721.124 and 721.Appendix B)

because chromium is present or are listed in Subpart D

of this Part due to the presence of chromium, which do

not fail the test for the toxicity characteristic for

any other constituent or are not listed due to the

presence of any other constituent, and which do not

fail the test for any other characteristic, if it is

shown by a waste generator or by waste generators

that:

The chromium in the waste is exclusively (or

nearly exclusively) trivalent chromium; and

ii)

The waste is generated from an industrial

process which uses trivalent chromium

exclusively (or nearly exclusively) and the

process does not generate hexavalent chromium;

and

iii)

The waste is typically and frequently managed in

non-oxidizing environments.

Specific wastes which meet the standard in subsections

(b)(6)(A)(i), (ii) and (iii), above, (so long as they

do not fail the test for the toxicity characteristic

for any other constituent and do not exhibit any other

characteristic) are:

Chrome (blue) trimmings generated by the

following subcategories of the leather tanning

and finishing industry; hair pulp/chrome

tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no

beamhouse; through-the-blue; and shearling.

ii)

Chrome (blue) shavings generated by the

following subcategories of the leather tanning

and finishing industry; hair pulp/chrome

tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no

beamhouse; through-the-blue; and shearling.

iii)

Buffing dust generated by the following

subcategories of the leather tanning and

finishing industry: hair pulp/chrome

tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no

beamhouse; through-the-blue.

iv)

Sewer screenings generated by the following

subcategories of the leather tanning and

finishing industry: hair pulp/chrome

tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no

beamhouse; through-the-blue; and shearling.

Wastewater treatment sludges generated by the

following subcategories of the leather tanning

and finishing industry: hair pulp/chrome

tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no

beamhouse; through-the-blue; and shearling.

vi)

Wastewater treatment sludges generated by the

following subcategories of the leather tanning

and finishing industry: hair pulp/chrome

tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; and through-the-blue.

vii)

Waste scrap leather from the leather tanning

industry, the shoe manufacturing industry, and

other leather product manufacturing industries.

viii) Wastewater treatment sludges from the production

of titanium dioxide pigment using chromium-

bearing ores by the chloride process.

Solid waste from the extraction, beneficiation and

processing of ores and minerals (including coal, phosphate

rock and overburden from the mining of uranium ore), except

as provided by 35 Ill. Adm. Code 726.212 for facilities that

burn or process hazardous waste. For purposes of this

subsection, beneficiation of ores and minerals is restricted

to the following activities: crushing, grinding, washing,

dissolution, crystallization, filtration, sorting, sizing,

drying, sintering, pelletizing, briquetting, calcining to

remove water or carbon dioxide, roasting, autoclaving or

chlorination in preparation for leaching (except where the

roasting or autoclaving or chlorination)/leaching sequence

produces a final or intermediate product that does not

undergo further beneficiation or processing), gravity

concentration, magnetic separation, electrostatic

separation, floatation, ion exchange, solvent extraction,

electrowinning, precipitation, amalgamation, and heap, dump,

vat tank and in situ leaching. For the purposes of this

subsection, solid waste from the processing of ores and

minerals includes only the following wastes:

Slag from primary copper processing;

Slag from primary lead processing;

Red and brown muds from bauxite refining;

Phosphogypsum from phosphoric acid production;

Slag from elemental phosphorus production;

Gasifier ash from coal gasification;

Process wastewater from coal gasification;

Calcium sulfate wastewater treatment plant sludge from

primary copper processing;

Slag tailings from primary copper processing;

Fluorogypsum from hydrofluoric acid production;

Process wastewater from hydrofluoric acid production;

Air pollution control dust/sludge from iron blast

furnaces;

Iron blast furnace slag;

Treated residue from roasting/leaching of chrome ore;

Process wastewater from primary magnesium processing

by the anhydrous process;

Process wastewater from phosphoric acid production;

Basic oxygen furnace and open hearth furnace air

pollution control dust/sludge from carbon steel

production;

Basic oxygen furnace and open hearth furnace slag from

carbon steel production;

Chloride processing waste solids from titanium

tetrachloride production; and,

Slag from primary zinc smelting.

Cement kiln dust waste, except as provided by 35 Ill. Adm.

Code 726.212 for facilities that burn or process hazardous

waste.

Solid waste which consists of discarded arsenical-treated

wood or wood products which fails the test for the toxicity

characteristic for hazardous waste codes D004 through D017

and which is not a hazardous waste for any other reason if

the waste is generated by persons who utilize the arsenical-

treated wood and wood products for these materials' intended

end use.

10)

Petroleum-contaminated media and debris that fail the test

for the toxicity characteristic of Section 721.124

(hazardous waste codes D018 through D043 only) and are

subject to corrective action regulations under 35 Ill. Adm.

Code 731.

11)

Injected groundwater that is hazardous only because it

exhibits the toxicity characteristic (USEPA hazardous waste

codes D018 through D024 only) in Section 721.124 that is

reinjected through an underground injection well pursuant to

free phase hydrocarbon recovery operations undertaken at

petroleum refineries, petroleum marketing terminals

petroleum bulk plants, petroleum pipelines and petroleum

spill sites until January 25, 1993. This extension applies

to recovery operations in existence, or for which contracts

have been issued, on or before March 25, 1991. For

groundwater returned through infiltration galleries from

such at petroleum refineries, marketing terminals and bulk

plants, until October 2, 1991. New operations involving

injection wells (beginning after March 25, 1991) will

qualify for this compliance date extension (until January

25, 1993) only if:

Operations are performed pursuant to a "free product

removal report" pursuant to 35 Ill. Adm. Code 731.164;

and

A copy of the "free product removal report" has been

submitted to:

Characteristics Section (OS-333)

USEPA

401 M Street, SW

Washington, D.C. 20460

12)

Used chlorofluorocarbon refrigerants from totally enclosed

heat transfer equipment, including mobile air conditioning

systems, mobile refrigeration, and commercial and industrial

air conditioning and refrigeration systems, which use

chlorofluorocarbons as the heat transfer fluid in a

refrigeration cycle, provided the refrigerant is reclaimed

for further use.

13)

This subsection should contain the equivalent of 40 CFR

261.4(b)(13), which USEPA has not yet adopted.

14)

This subsection should contain the equivalent of 40 CFR

261.4(b)(14), which USEPA has not yet adopted.

15)

Non-terne plated used oil filters which are not mixed with

wastes listed in Subpart D of this Part, if these oil

filters have been gravity hot-drained using one of the

following methods:

Puncturing the filter anti-drain back valve or the

filter dome end and hot-draining;

Hot-draining and crushing;

Dismantling and hot-draining; or,

Any other equivalent hot-draining method which will

remove used oil.

Hazardous wastes which are exempted from certain regulations. A

hazardous waste which is generated in a product or raw material

storage tank, a product or raw material transport vehicle or

vessel, a product or raw material pipeline, or in a manufacturing

process unit or an associated non-waste-treatment manufacturing

unit, is not subject to regulation under 35 Ill. Adm. Code 702,

703, 705 and 722 through 725 and 728 or to the notification

requirements of Section 3010 of RCRA until it exits the unit in

which it was generated, unless the unit is a surface impoundment,

or unless the hazardous waste remains in the unit more than 90

days after the unit ceases to be operated for manufacturing, or

for storage or transportation of product or raw materials.

Samples

Except as provided in subsection (d)(2) below, a sample of

solid waste or a sample of water, soil or air, which is

collected for the sole purpose of testing to determine its

characteristics or composition, is not subject to any

requirements of this Part or 35 Ill. Adm. Code 702, 703, 705

and 722 through 728. The sample qualifies when:

The sample is being transported to a laboratory for

the purpose of testing; or

The sample is being transported back to the sample

collector after testing; or

The sample is being stored by the sample collector

before transport to a laboratory for testing; or

The sample is being stored in a laboratory before

testing; or

The sample is being stored in a laboratory for testing

but before it is returned to the sample collector; or

The sample is being stored temporarily in the

laboratory after testing for a specific purpose (for

example, until conclusion of a court case or

enforcement action where further testing of the sample

may be necessary).

In order to qualify for the exemption in subsection

(d)(1)(A) and (B) above, a sample collector shipping samples

to a laboratory and a laboratory returning samples to a

sample collector must:

Comply with U.S. Department of Transportation (DOT),

U.S. Postal Service (USPS) or any other applicable

shipping requirements; or

Comply with the following requirements if the sample

collector determines that DOT, USPS or other shipping

requirements do not apply to the shipment of the

sample:

Assure that the following information

accompanies the sample: The sample collector's

name, mailing address and telephone number; the

laboratory's name, mailing address and telephone

number; the quantity of the sample; the date of

the shipment; and a description of the sample.

ii)

Package the sample so that it does not leak,

spill or vaporize from its packaging.

This exemption does not apply if the laboratory determines

that the waste is hazardous but the laboratory is no longer

meeting any of the conditions stated in subsection (d)(1)

above.

Treatability study samples.

Except as is provided in subsection (e)(2) below, persons

who generate or collect samples for the purpose of

conducting treatability studies, as defined in 35 Ill. Adm.

Code 720.110, are not subject to any requirement of 35 Ill.

Adm. Code 721 through 723 or to the notification

requirements of Section 3010 of the Resource Conservation

and Recovery Act. Nor are such samples included in the

quantity determinations of Section 721.105 and 35 Ill. Adm.

Code 722.134(d) when:

The sample is being collected and prepared for

transportation by the generator or sample collector;

or,

The sample is being accumulated or stored by the

generator or sample collector prior to transportation

to a laboratory or testing facility; or

The sample is being transported to the laboratory or

testing facility for the purpose of conducting a

treatability study.

The exemption in subsection (e)(1) above is applicable to

samples of hazardous waste being collected and shipped for

the purpose of conducting treatability studies provided

that:

The generator or sample collector uses (in

"treatability studies") no more than 1000 kg of any

non-acute hazardous waste, 1 kg of acute hazardous

waste or 250 kg of soils, water or debris contaminated

with acute hazardous waste for each process being

evaluated for each generated wastestream; and

The mass of each shipment does not exceed 1000 kg of

non-acute hazardous waste, 1 kg of acute hazardous

waste or 250 kg of soils, water or debris contaminated

with acute hazardous waste; and

The sample must be packaged so that it does not leak,

spill or vaporize from its packaging during shipment

and the requirements of subsections (e)(2)(C)(i) or

(ii), below, are met.

The transportation of each sample shipment

complies with U.S. Department of Transportation

(DOT), U.S. Postal Service (USPS) or any other

applicable shipping requirements; or

ii)

If the DOT, USPS or other shipping requirements

do not apply to the shipment of the sample, the

following information must accompany the sample:

The name, mailing address and telephone number

of the originator of the sample; the name,

address and telephone number of the facility

that will perform the treatability study; the

quantity of the sample; the date of the

shipment; and, a description of the sample,

including its USEPA hazardous waste number.

The sample is shipped to a laboratory or testing

facility which is exempt under subsection (f) below,

or has an appropriate RCRA permit or interim status.

The generator or sample collector maintains the

following records for a period ending 3 years after

completion of the treatability study:

Copies of the shipping documents;

ii)

A copy of the contract with the facility

conducting the treatability study;

iii)

Documentation showing: The amount of waste

shipped under this exemption; the name, address

and USEPA identification number of the

laboratory or testing facility that received the

waste; the date the shipment was made; and,

whether or not unused samples and residues were

returned to the generator.

The generator reports the information required in

subsection (e)(2)(E)(iii) above in its report under 35

Ill. Adm. Code 722.141.

The Agency may grant requests, on a case-by-case basis, for

quantity limits in excess of those specified in subsection

(e)(2)(A) above, for up to an additional 500 kg of any non-

acute hazardous waste, 1 kg of acute hazardous waste and 250

kg of soils, water or debris contaminated with acute

hazardous waste, to conduct further treatability study

evaluation when: There has been an equipment or mechanical

failure during the conduct of the treatability study; there

is need to verify the results of a previously conducted

treatability study; there is a need to study and analyze

alternative techniques within a previously evaluated

treatment process; or, there is a need to do further

evaluation of an ongoing treatability study to determine

final specifications for treatment. The additional

quantities allowed are subject to all the provisions in

subsections (e)(1) and (e)(2)(B) through (F), above. The

generator or sample collector must apply to the Agency and

provide in writing the following information:

The reason why the generator or sample collector

requires additional quantity of sample for the

treatability study evaluation and the additional

quantity needed;

Documentation accounting for all samples of hazardous

waste from the wastestream which have been sent for or

undergone treatability studies, including the date

each previous sample was shipped, the quantity of each

previous shipment, the laboratory or testing facility

to which it was shipped, what treatability study

processes were conducted on each sample shipped, and

the available results of each treatability study;

A description of the technical modifications or change

in specifications which will be evaluated and the

expected results;

If such further study is being required due to

equipment or mechanical failure, the applicant must

include information regarding the reason for the

failure or breakdown and also include what procedures

or equipment have been made to protect against further

breakdowns; and,

Such other information as the Agency determines is

necessary.

Final Agency determinations pursuant to this subsection may

be appealed to the Board.

Samples undergoing treatability studies at laboratories or testing

facilities. Samples undergoing treatability studies and the

laboratory or testing facility conducting such treatability

studies (to the extent such facilities are not otherwise subject

to RCRA requirements) are not subject to any requirement of this

Part, or of 35 Ill. Adm. Code 702, 703, 705, 722 through 726, and

728, or to the notification requirements of Section 3010 of the

Resource Conservation and Recovery Act, provided that the

requirements of subsections (f)(1) through (f)(11), below, are

met. A mobile treatment unit may qualify as a testing facility

subject to subsections (f)(1) through (f)(11), below. Where a

group of mobile treatment units are located at the same site, the

limitations specified in subsections (f)(1) through (f)(11),

below, apply to the entire group of mobile treatment units

collectively as if the group were one mobile treatment unit.

No less than 45 days before conducting treatability studies,

the facility notifies the Agency in writing that it intends

to conduct treatability studies under this subsection.

The laboratory or testing facility conducting the

treatability study has a USEPA identification number.

No more than a total of 250 kg of "as received" hazardous

waste is subjected to initiation of treatability studies in

any single day. "As received" waste refers to the waste as

received in the shipment from the generator or sample

collector.

The quantity of "as received" hazardous waste stored at the

facility for the purpose of evaluation in treatability

studies does not exceed 1000 kg, the total of which can

include 500 kg of soils, water or debris contaminated with

acute hazardous waste or 1 kg of acute hazardous waste. This

quantity limitation does not include:

Treatability study residues; and,

Treatment materials (including nonhazardous solid

waste) added to "as received" hazardous waste.

No more than 90 days have elapsed since the treatability

study for the sample was completed, or no more than one year

has elapsed since the generator or sample collector shipped

the sample to the laboratory or testing facility, whichever

date first occurs.

The treatability study does not involve the placement of

hazardous waste on the land or open burning of hazardous

waste.

The facility maintains records for 3 years following

completion of each study that show compliance with the

treatment rate limits and the storage time and quantity

limits. The following specific information must be included

for each treatability study conducted:

The name, address and USEPA identification number of

the generator or sample collector of each waste

sample;

The date the shipment was received;

The quantity of waste accepted;

The quantity of "as received" waste in storage each

day;

The date the treatment study was initiated and the

amount of "as received" waste introduced to treatment

each day;

The date the treatability study was concluded;

The date any unused sample or residues generated from

the treatability study were returned to the generator

or sample collector or, if sent to a designated

facility, the name of the facility and the USEPA

identification number.

The facility keeps, on-site, a copy of the treatability

study contract and all shipping papers associated with the

transport of treatability study samples to and from the

facility for a period ending 3 years from the completion

date of each treatability study.

The facility prepares and submits a report to the Agency by

March 15 of each year that estimates the number of studies

and the amount of waste expected to be used in treatability

studies during the current year, and includes the following

information for the previous calendar year:

The name, address and USEPA identification number of

the facility conducting the treatability studies;

The types (by process) of treatability studies

conducted;

The names and addresses of persons for whom studies

have been conducted (including their USEPA

identification numbers);

The total quantity of waste in storage each day;

The quantity and types of waste subjected to

treatability studies;

When each treatability study was conducted;

The final disposition of residues and unused sample

from each treatability study;

10)

The facility determines whether any unused sample or

residues generated by the treatability study are hazardous

waste under Section 721.103 and, if so, are subject to 35

Ill. Adm. Code 702, 703 and 721 through 728, unless the

residues and unused samples are returned to the sample

originator under the subsection (e) exemption above.

11)

The facility notifies the Agency by letter when the facility

is no longer planning to conduct any treatability studies at

the site.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 721.105

Special Requirements for Hazardous Waste Generated by Small

Quantity Generators

A generator is a conditionally exempt small quantity generator in

a calendar month if it generates no more than 100 kilograms of

hazardous waste in that month. 35 Ill. Adm. Code 700 explains the

relation of this to the 100 kg/mo exception of 35 Ill. Adm. Code

809.

Except for those wastes identified in subsections (e), (f), (g)

and (j), a conditionally exempt small quantity generator's

hazardous wastes are not subject to regulation under 35 Ill. Adm.

Code 702, 703, 705 and 722 through 726 and 728, and the

notification requirements of Section 3010 of Resource Conservation

and Recovery Act, provided the generator complies with the

requirements of subsections (f), (g) and (j).

Hazardous waste that is not subject to regulation or that is

subject only to 35 Ill. Adm. Code 722.111, 722.112, 722.140(c) and

722.141 is not included in the quantity determinations of this

Part and 35 Ill. Adm. Code 722 through 726 and 728, and is not

subject to any requirements of those Parts. Hazardous waste that

is subject to the requirements of Section 721.106(b) and (c) and

35 Ill. Adm. Code 726.Subparts C, D and F is included in the

quantity determinations of this Part and is subject to the

requirements of this Part and 35 Ill. Adm. Code 722 through 726

and 728.

In determining the quantity of hazardous waste it generates, a

generator need not include:

Hazardous waste when it is removed from on-site storage; or

Hazardous waste produced by on-site treatment (including

reclamation) of its hazardous waste so long as the hazardous

waste that is treated was counted once; or,

Spent materials that are generated, reclaimed and

subsequently reused on-site, so long as such spent materials

have been counted once.

If a generator generates acute hazardous waste in a calendar month

in quantities greater than set forth below, all quantities of that

acute hazardous waste are subject to full regulation under 35 Ill.

Adm. Code 702, 703, 705 and 722 through 726 and 728, and the

notification requirements of Section 3010 of the Resource

Conservation and Recovery Act:

A total of one kilogram of acute hazardous wastes listed in

Sections 721.131, 721.132, or 721.133(e); or

A total of 100 kilograms of any residue or contaminated

soil, waste or other debris resulting from the clean-up of a

spill, into or on any land or water, of any acute hazardous

wastes listed in Sections 721.131, 721.132, or 721.133(e).

BOARD NOTE: "Full regulation" means those regulations

applicable to generators of greater than 1000 kg of

non-acute hazardous waste in a calendar month.

In order for acute hazardous wastes generated by a generator of

acute hazardous wastes in quantities equal to or less than those

set forth in subsection (e)(1) or (e)(2) to be excluded from full

regulation under this Section, the generator must comply with the

following requirements:

35 Ill. Adm. Code 722.111.

The generator may accumulate acute hazardous waste on-site.

If the generator accumulates at any time acute hazardous

wastes in quantities greater than set forth in subsections

(e)(1) or (e)(2), all of those accumulated wastes are

subject to regulation under 35 Ill. Adm. Code 702, 703, 705

and 722 through 726 and 728, and the applicable notification

requirements of Section 3010 of the Resource Conservation

and Recovery Act. The time period of 35 Ill. Adm. Code

722.134(a), for accumulation of wastes on-site, begins when

the accumulated wastes exceed the applicable exclusion

limit.

A conditionally exempt shall quantity generator may either

treat or dispose of its acute hazardous waste in an on-site

facility, or ensure delivery to an off-site storage,

treatment or disposal facility, either of which, if located

in the United States, is:

Permitted under 35 Ill. Adm. Code 703;

In interim status under 35 Ill. Adm. Code 703 and 725;

Authorized to manage hazardous waste by a State with a

hazardous waste management program approved by USEPA;

Permitted, licensed or registered by a State to manage

municipal or industrial solid waste; or

A facility which:

Beneficially uses or reuses or legitimately

recycles or reclaims its waste; or

ii)

Treats its waste prior to beneficial use or

reuse, or legitimate recycling or reclamation.

In order for hazardous waste generated by a conditionally exempt

small quantity generator in quantities of less than 100 kilograms

of hazardous waste during a calendar month to be excluded from

full regulation under this Section, the generator must comply with

the following requirements:

35 Ill. Adm. Code 722.111;

The conditionally exempt small quantity generator may

accumulate hazardous waste on-site. If it accumulates at

any time more than a total of 1000 kilograms of the

generator's hazardous waste, all of those accumulated wastes

are subject to regulation under the special provisions of 35

Ill. Adm. Code 722 applicable to generators of between 100

kg and 1000 kg of hazardous waste in a calendar month as

well as the requirements of 35 Ill. Adm. Code 702, 703, 705

and 723 through 726 and 728, and the applicable notification

requirements of Section 3010 of the Resource Conservation

and Recovery Act. The time period of 35 Ill. Adm. Code

722.134(d) for accumulation of wastes on-site begins for a

small quantity generator when the accumulated wastes exceed

1000 kilograms;

A conditionally exempt small quantity generator may either

treat or dispose of its hazardous waste in an on-site

facility, or ensure delivery to an off-site storage,

treatment or disposal facility, either of which, if located

in the United States, is:

Permitted under 35 Ill. Adm. Code 702 and 703;

In interim status under 35 Ill. Adm. Code 703 and 725;

Authorized to manage hazardous waste by a State with a

hazardous waste management program approved by USEPA

under 40 CFR 271 (1986);

Permitted, licensed or registered by a State to manage

municipal or industrial solid waste; or

A facility which:

Beneficially uses or re-uses, or legitimately

recycles or reclaims the small quantity

generator's waste; or

ii)

Treats its waste prior to beneficial use or

re-use, or legitimate recycling or reclamation.

Hazardous waste subject to the reduced requirements of this

Section may be mixed with non-hazardous waste and remain subject

to these reduced requirements even though the resultant mixture

exceeds the quantity limitations identified in this Section,

unless the mixture meets any of the characteristics of hazardous

wastes identified in Subpart C.

If a small quantity generator mixes a solid waste with a hazardous

waste that exceeds a quantity exclusion level of this Section, the

mixture is subject to full regulation.

If a conditionally exempt small quantity generator's hazardous

wastes are mixed with used oil, the mixture is subject to 35 Ill.

Adm. Code 726.Subpart E739.Subpart G, if it is destined to be

burned for energy recovery. Any material produced from such a

mixture by processing, blending or other treatment is also so

regulated if it is destined to be burned for energy recovery.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 721.106

Requirements for Recyclable Materials

Recyclable materials:

Hazardous wastes that are recycled are subject to the

requirements for generators, transporters and storage

facilities of subsections (b) and (c), below, except for the

materials listed in subsections (a)(2) and (3), below.

Hazardous wastes that are recycled will be known as

"recyclable materials".

The following recyclable materials are not subject to the

requirements of this Section but are regulated under 35 Ill.

Adm. Code 726.Subparts C through H and all applicable

provisions in 35 Ill. Adm. Code 702, 703 and 705.

Recyclable materials used in a manner constituting

disposal (35 Ill. Adm. Code 726.Subpart C);

Hazardous wastes burned for energy recovery in boilers

and industrial furnaces that are not regulated under

35 Ill. Adm. Code 724 or 725.Subpart O (35 Ill. Adm.

Code 726.Subpart H.)

C) Used oil that exhibits one or more of the

characteristics of hazardous waste and is burned for

energy recovery in boilers or industrial furnaces that

are not regulated under 35 Ill. Adm. Code 724 or

725.Subpart O. (35 Ill. Adm. Code 726.Subpart E);

CD)

Recyclable materials from which precious metals are

reclaimed (35 Ill. Adm. Code 726.Subpart F);

DE)

Spent lead-acid batteries that are being reclaimed (35

Ill. Adm. Code 726.Subpart G).

The following recyclable materials are not subject to

regulation under 35 Ill. Adm. Code 722 through 726, 728, or

702, 703 or 705 and are not subject to the notification

requirements of Section 3010 of the Resource Conservation

and Recovery Act:

Industrial ethyl alcohol that is reclaimed except

that, unless provided otherwise in an international

agreement as specified in 35 Ill. Adm. Code 722.158:

A person initiating a shipment for reclamation

in a foreign country, and any intermediary

arranging for the shipment, shall comply with

the requirements applicable to a primary

exporter in 35 Ill. Adm. Code 722.153,

722.156(a)(1) through (a)(4), (a)(6) and (b),

and 722.157, shall export such materials only

upon consent of the receiving country and in

conformance with the USEPA Acknowledgement of

Consent as defined in 35 Ill. Adm. Code

722.Subpart E, and shall provide a copy of the

USEPA Acknowledgement of Consent to the shipment

to the transporter transporting the shipment for

export;

ii)

Transporters transporting a shipment for export

shall not accept a shipment if the transporter

knows the shipment does not conform to the USEPA

Acknowledgement of Consent, shall ensure that a

copy of the USEPA Acknowledgement of Consent

accompanies the shipment and shall ensure that

it is delivered to the facility designated by

the person initiating the shipment.

Used batteries (or used battery cells) returned to a

battery manufacturer for regeneration;

C) Used oil that exhibits one or more of the

characteristics of hazardous waste but is recycled in

some other manner than being burned for energy

recovery;

CD)

Scrap metal;

DE)

Fuels produced from the refining of oil-bearing

hazardous wastes along with normal process streams at

a petroleum refining facility if such wastes result

from normal petroleum refining, production and

transportation practices;

EF)

Oil reclaimed from hazardous waste resulting from

normal petroleum refining, production and

transportation practices, which oil is to be refined

along with normal process streams at a petroleum

refining facility;

FG)

Petroleum refining wastes.

Hazardous waste fuel produced from oil-bearing

hazardous wastes from petroleum refining,

production or transportation practices, or

produced from oil reclaimed from such hazardous

wastes, where such hazardous wastes are

reintroduced into a process that does not use

distillation or does not produce products from

crude oil so long as the resulting fuel meets

the used oil specification under 35 Ill. Adm.

Code 726.140(e) and so long as no other

hazardous wastes are used to produce the

hazardous waste fuel;

ii)

Hazardous waste fuel produced from oil-bearing

hazardous waste from petroleum refining

production and transportation practices, where

such hazardous wastes are reintroduced into a

refining process after a point at which

contaminants are removed, so long as the fuel

meets the used oil fuel specification under 35

Ill. Adm. Code 726.140(e); and

iii)

Oil reclaimed from oil-bearing hazardous wastes

from petroleum refining, production and

transportation practices, which reclaimed oil is

burned as a fuel without reintroduction to a

refining process, so long as the reclaimed oil

meets the used oil fuel specification under 35

Ill. Adm. Code 726.140(e); and

GH)

Petroleum coke produced from petroleum refinery

hazardous wastes containing oil at the same facility

at which such wastes were generated, unless the

resulting coke product exceeds one or more of the

characteristics of hazardous waste in Subpart C.

Used oil that is recycled and is also a hazardous waste

solely because it exhibits a hazardous characteristic is not

subject to the requirements of 35 Ill. Adm. Code 720 through

728, but is regulated under 35 Ill. Adm. Code 739. Used oil

that is recycled includes any used oil which is reused,

following its original use, for any purpose (including the

purpose for which the oil was originally used. Such term

includes, but is not limited to, oil which is re-refined,

reclaimed, burned for energy recovery, or reprocessed.

Generators and transporters of recyclable materials are subject to

the applicable requirements of 35 Ill. Adm. Code 722 and 723 and

the notification requirements under Section 3010 of the Resource

Conservation and Recovery Act, except as provided in subsection

(a), above.

Storage and recycling:

Owners or operators of facilities that store recyclable

materials before they are recycled are regulated under all

applicable provisions of 35 Ill. Adm. Code 724.Subparts A

through L, AA and BB and 725.Subparts A through L, AA and

BB, 726, 728, 702, 703 and 705 and the notification

requirement under Section 3010 of the Resource Conservation

and Recovery Act, except as provided in subsection (a),

above. (The recycling process itself is exempt from

regulation, except as provided in subsection (d), below.)

Owners or operators of facilities that recycle recyclable

materials without storing them before they are recycled are

subject to the following requirements, except as provided in

subsection (a), above.

Notification requirements under Section 3010 of the

Resource Conservation and Recovery Act.

35 Ill. Adm. Code 725.171 and 725.172 (dealing with

the use of the manifest and manifest discrepancies)

subsection (d), below.

Owners or operators of facilities required to have a RCRA permit

pursuant to 35 Ill. Adm. Code 703 with hazardous waste management

units which recycle hazardous wastes are subject to 35 Ill. Adm.

Code 724.Subpart AA and BB and 725.Subpart AA and BB.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART D: LISTS OF HAZARDOUS WASTE

Section 721.131

Hazardous Wastes From Nonspecific Sources

The following solid wastes are listed hazardous wastes from non-

specific sources unless they are excluded under 35 Ill. Adm. Code

720.120 and 720.122 and listed in Section 721.Appendix I.

EPA

Hazardous

Waste No.

Industry and Hazardous Waste

Hazard

Code

F001

The following spent halogenated solvents used

in degreasing: tetrachloroethylene, tri-

chloroethylene, methylene chloride, 1,1,1-tri-

chloroethane, carbon tetrachloride and

chlorinated fluorocarbons; all spent solvent

mixtures and blends used in degreasing

containing, before use, a total of ten percent

or more (by volume) of one or more of the

above halogenated solvents or those solvents

listed in F002, F004 or F005; and still

bottoms from the recovery of these spent

solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents:

tetrachloroethylene, methylene chloride, tri-

chloroethylene, 1,1,1-trichloroethane, chloro-

benzene, 1,1,2-trichloro-1,2,2-tri-

fluoroethane, orthodichlorobenzene, trichloro-

fluoromethane and 1,1,2-trichloroethane; all

spent solvent mixtures and blends containing,

before use, a total of ten percent or more (by

volume) of one or more of the above

halogenated solvents or those solvents listed

in F001, F004 or F005; and still bottoms from

the recovery of these spent solvents and spent

solvent mixtures.

(T)

F003

The following spent non-halogenated solvents:

xylene, acetone, ethyl acetate, ethyl

benzene, ethyl ether, methyl isobutyl ketone,

n-butyl alcohol, cyclohexanone and methanol;

all spent solvent mixtures and blends

containing, before use, only the above spent

non-halogenated solvents; and all spent

solvent mixtures and blends containing, before

use, one or more of the above non-halogenated

solvents and a total of ten percent or more

(by volume) of one or more of those solvents

listed in F001, F002, F004 or F005; and still

bottoms from the recovery of these spent

solvents and spent solvent mixtures.

(I)

F004

The following spent non-halogenated solvents:

cresols and cresylic acid and nitrobenzene;

all spent solvent mixtures and blends

containing, before use, a total of ten percent

or more (by volume) of one or more of the

above non-halogenated solvents or those

solvents listed in F001, F002 or F005; and

still bottoms from the recovery of these spent

solvents and spent solvent mixtures.

(T)

F005

The following spent non-halogenated solvents:

toluene, methyl ethyl ketone, carbon

disulfide, isobutanol, pyridine, benzene, 2-

ethoxyethanol and 2-nitropropane; all spent

solvent mixtures and blends, containing,

before use, a total of ten percent or more (by

volume) of one or more of the above non-

halogenated solvents or those solvents listed

in F001, F002 or F004; and still bottoms from

the recovery of these spent solvents and spent

solvent mixtures.

(I, T)

F006

Wastewater treatment sludges from

electroplating operations except from the

following processes: (1) sulfuric acid

anodizing of aluminum; (2) tin plating on

carbon steel; (3) zinc plating (segregated

basis) on carbon steel; (4) aluminum or zinc-

aluminum plating on carbon steel; (5)

cleaning/stripping associated with tin, zinc

and aluminum plating on carbon steel; and (6)

chemical etching and milling of aluminum.

(T)

F019

See Below

F007

Spent cyanide plating bath solutions from

electroplating operations.

(R, T)

F008

Plating bath residues from the bottom of

plating baths from electroplating operations

where cyanides are used in the process.

(R, T)

F009

Spent stripping and cleaning bath solutions

from electroplating operations where cyanides

are used in the process.

(R, T)

F010

Quenching bath residues from oil baths from

metal heat treating operations where cyanides

are used in the process.

(R, T)

F011

Spent cyanide solutions from salt bath pot

cleaning from metal heat treating operations.

(R, T)

F012

Quenching wastewater treatment sludges from

metal heat treating operations where cyanides

are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical

conversion coating of aluminum except from

zirconium phosphating in aluminum can washing

when such phosphating is an exclusive

conversion coating process.

(T)

F020

Wastes (except wastewater and spent carbon

from hydrogen chloride purification) from the

production or manufacturing use (as a

reactant, chemical intermediate or component

in a formulating process) of tri- or tetra-

chlorophenol, or of intermediates used to

produce their pesticide derivatives. (This

listing does not include wastes from the

production of hexachlorophene from highly

purified 2,4,5-trichlorophenol.)

(H)

F021

Wastes (except wastewater and spent carbon

from hydrogen chloride purification) from the

production or manufacturing use (as a

reactant, chemical intermediate or component

in a formulating process) of pentachloro-

phenol, or of intermediates used to produce

its derivatives.

(H)

F022

Wastes (except wastewater and spent carbon

from hydrogen chloride purification) from the

manufacturing use (as a reactant, chemical

intermediate or component in a formulating

process) of tetra-, penta- or hexachloro-

benzenes under alkaline conditions.

(H)

F023

Wastes (except wastewater and spent carbon

from hydrogen chloride purification) from the

production of materials on equipment

previously used for the production or

manufacturing use (as a reactant, chemical

intermediate or component in a formulating

process) of tri- and tetrachlorophenols.

(This listing does not include wastes from

equipment used only for the production or use

of hexachlorophene from highly purified 2,4,5-

trichlorophenol.

(H)

F024

Process wastes including but not limited to,

distillation residues, heavy ends, tars, and

reactor cleanout wastes, from the production

of certain chlorinated aliphatic hydrocarbons

by free radical catalyzed processes. These

chlorinated aliphatic hydrocarbons are those

having carbon chain lengths ranging from one

to and including five, with varying amounts

and positions of chlorine substitution. (This

listing does not include wastewaters,

wastewater treatment sludges, spent catalysts

and wastes listed in this Section or Section

721.132.)

(T)

F025

Condensed light ends, spent filters and filter

aids, and spent desiccant wastes from the

production of certain chlorinated aliphatic

hydrocarbons by free radical catalyzed

processes. These chlorinated aliphatic

hydrocarbons are those having carbon chain

lengths ranging from one to and including

five, with varying amounts and positions of

chlorine substitution.

(T)

F026

Wastes (except wastewater and spent carbon

from hydrogen chloride purification) from the

production of materials on equipment

previously used for the manufacturing use (as

a reactant, chemical intermediate or component

in a formulating process) of tetra-, penta- or

hexachlorobenzene under alkaline conditions.

(H)

F027

Discarded unused formulations containing tri-,

tetra- or pentachlorophenol or discarded

unused formulations containing compounds

derived from these chlorophenols. (This

listing does not include formulations

containing hexachlorophene synthesized from

prepurified 2,4,5-trichlorophenol as the sole

component).

(H)

F028

Residues resulting from the incineration or

thermal treatment of soil contaminated with

hazardous waste numbers F020, F021, F022,

F023, F026 and F027.

(T)

F032

Wastewaters, (except those that have not come

into contact with process contaminants),

process residuals, preservative drippage and

spent formulations from wood preserving

processes generated at plants that currently

use or have previously used chlorophenolic

formulations (except potentially cross-

contaminated wastes that have had the F032

waste code deleted in accordance with Section

721.135 and where the generator does not

resume or initiate use of chlorophenolic

formulations). This listing does not include

K001 bottom sediment sludge from the treatment

of wastewater from wood preserving processes

that use creosote or pentachlorophenol.

(T)

BOARD NOTE: The listing of wastewaters that

have not come into contact with process

contaminants is stayed administratively. The

listing for plants that have previously used

chlorophenolic formulations is

administratively stayed whenever these wastes

are covered by the F034 or F035 listings.

These stays will remain in effect until

further administrative action is taken.

Furthermore, the F032 listing is

administratively stayed with respect to the

process area receiving drippage of these

wastes provided persons desiring to continue

operating notify USEPA by August 6, 1991, of

their intent to upgrade or install drip pads,

and by November 6, 1991, provide evidence to

USEPA that they have adequate financing to pay

for drip pad upgrades or installation, as

provided in the administrative stay. The stay

of listings will remain in effect until

February 6, 1992, for existing drip pads, and

until May 6, 1992, for new drip pads.

F034

Wastewaters, (except those that have not come

into contact with process contaminants),

process residuals, preservative drippage and

spent formulations from wood preserving

processes generated at plants that use

creosote formulations. This listing does not

include K001 bottom sediment sludge from the

treatment of wastewater from wood preserving

processes that use creosote or pentachloro-

phenol.

(T)

BOARD NOTE: The listing of wastewaters that

have not come into contact with process

contaminants is stayed administratively.

These stays will remain in effect until

further administrative action is taken.

Furthermore, the F034 and F035 listings are

administratively stayed with respect to the

process area receiving drippage of these

wastes provided that, by February 6, 1992,

persons desiring to continue operating notify

the Agency of their intent to upgrade or

install drip pads, and provide evidence to the

Agency that they have adequate financing to

pay for drip pad upgrades or installation, as

provided in the administrative stay. The stay

of listings will remain in effect until July

1, 1992.

F035

Wastewaters, (except those that have not come

into contact with process contaminants),

process residuals, preservative drippage and

spent formulations from wood preserving

processes generated at plants that use

inorganic preservatives containing arsenic or

chromium. This listing does not include K001

bottom sediment sludge from the treatment of

wastewater from wood preserving processes that

use creosote or pentachlorophenol.

(T)

BOARD NOTE: The listing of wastewaters that

have not come into contact with process

contaminants is stayed administratively.

These stays will remain in effect until

further administrative action is taken.

Furthermore, the F034 and F035 listings are

administratively stayed with respect to the

process area receiving drippage of these

wastes provided that, by February 6, 1992,

persons desiring to continue operating notify

the Agency of their intent to upgrade or

install drip pads, and provide evidence to the

Agency that they have adequate financing to

pay for drip pad upgrades or installation, as

provided in the administrative stay. The stay

of listings will remain in effect until July

1, 1992.

F037

Petroleum refinery primary oil/water/solids

separation sludge -- Any sludge generated from

the gravitational separation of

oil/water/solids during the storage or

treatment of process wastewaters and oily

cooling wastewaters from petroleum refineries.

Such sludges include, but are not limited to,

those generated in: oil/water/solids

separators; tanks and impoundments; ditches

and other conveyances; sumps; and stormwater

units receiving dry weather flow. Sludges

generated in stormwater units that do not

receive dry weather flow, sludges generated

from non-contact once-through cooling waters

segregated for treatment from other process or

oily cooling waters, sludges generated in

aggressive biological treatment units as

defined in subsection (b)(2), below,

(including sludges generated in one or more

additional units after wastewaters have been

treated in aggressive biological treatment

units) and K051 wastes are not included in

this listing.

(T)

F038

Petroleum refinery secondary (emulsified)

oil/water/solids separation sludge -- Any

sludge or float generated from the physical or

chemical separation of oil/water/solids in

process wastewaters and oily cooling

wastewaters from petroleum refineries. Such

wastes include, but are not limited to, all

sludges and floats generated in: induced air

floatation (IAF) units, tanks and

impoundments, and all sludges generated in DAF

units. Sludges generated in stormwater units

that do not receive dry weather flow, sludges

generated from non-contact once-through

cooling waters segregated for treatment from

other process or oily cooling waters, sludges

and floats generated in aggressive biological

treatment units as defined in subsection

(b)(2), below, (including sludges and floats

generated in one or more additional units

after wastewaters have been treated in

aggressive biological treatment units), F037,

K048 and K051 wastes are not included in this

listing.

(T)

F039

Leachate (liquids which have percolated

through land disposed wastes) resulting from

the disposal of more than one restricted waste

classified as hazardous under Subpart D.

(Leachate resulting from the disposal of one

or more of the following USEPA hazardous

wastes and no other hazardous wastes retains

its USEPA hazardous waste number(s): F020,

F021, F022, F026, F027 or F028.)

(T)

BOARD NOTE: The primary hazardous properties of these materials

have been indicated by the letters T (Toxicity), R (Reactivity), I

(Ignitability), and C (Corrosivity). The letter H indicates Acute

Hazardous Waste.

Listing specific definitions.

For the purpose of the F037 and F038 listings,

oil/water/solids is defined as oil or water or solids.

For the purposes of the F037 and F038 listings:

Aggressive biological treatment units are defined as

units which employ one of the following four treatment

methods: activated sludge; trickling filter; rotating

biological contactor for the continuous accelerated

biological oxidation of wastewaters; or, high-rate

aeration. High-rate aeration is a system of surface

impoundments or tanks, in which intense mechanical

aeration is used to completely mix the wastes, enhance

biological activity, and:

The units employ a minimum of 6 horsepower per

million gallons of treatment volume; and either

ii)

The hydraulic retention time of the unit is no

longer than 5 days; or

iii)

The hydraulic retention time is no longer than

30 days and the unit does not generate a sludge

that is a hazardous waste by the toxicity

characteristic.

Generators and treatment, storage or disposal (TSD)

facilities have the burden of proving that their

sludges are exempt from listing as F037 or F038 wastes

under this definition. Generators and TSD facilities

shall maintain, in their operating or other on site

records, documents and data sufficient to prove that:

The unit is an aggressive biological treatment

unit as defined in this subsection; and

ii)

The sludges sought to be exempted from F037 or

F038 were actually generated in the aggressive

biological treatment unit.

Time of generation. For the purposes of:

The F037 listing, sludges are considered to be

generated at the moment of deposition in the unit,

where deposition is defined as at least a temporary

cessation of lateral particle movement.

The F038 listing:

Sludges are considered to be generated at the

moment of deposition in the unit, where

deposition is defined as at least a temporary

cessation of lateral particle movement; and

ii)

Floats are considered to be generated at the

moment they are formed in the top of the unit.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

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 Section 721.Appendix I.

EPA

Hazardous

Waste No.

Industry and Hazardous Waste

Hazard

Code

Wood Preservation:

K001

Bottom sediment sludge from the treatment of waste-

waters from wood preserving processes that use

creosote and/or pentachlorophenol.

(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 di-

chloride 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)

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 perchloro-

ethylene.

(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)

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-dimethylhydrazine (UDMH) from carboxylic acid

hydrazides.

(I,T)

K109

Spent filter cartridges from the product

purification from the production of 1,1-di-

methylhydrazine (UDMH) from carboxylic acid

hydrazides.

(T)

K110

Condensed column overheads from intermediate

separation from the production of 1,1-di-

methylhydrazine (UDMH) from carboxylic acid

hydrazides.

(T)

K111

Product wastewaters from the production of di-

nitrotoluene via nitration of toluene.

(C,T)

K112

Reaction by-product water from the drying column in

the production of toluenediamine via hydrogenation

of dinitrotoluene.

(T)

K113

Condensed liquid light ends from the purification of

toluenediamine in the production of toluenediamine

via hydrogenation of dinitrotoluene.

(T)

K114

Vicinals from the purification of toluene-diamine 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 dinitrotoluene.

(T)

K116

Organic condensate from the solvent recovery column

in the production of toluene diisocyanate via

phosgenation of toluenediamine.

(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)

K136

Still bottoms from the purification of ethylene di-

bromide in the production of ethylene dibromide via

bromination of ethene.

(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)

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

cyclopentadiene in the production of chlordane.

(T)

K034

Filter solids from the filtration of hexachloro-

cyclopentadiene 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 diethylphosphoro-

dithioic 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 tetrachlorobenzene in the production

of 2,4,5-T.

(T)

K043

2,6-Dichlorophenol waste from the production of 2,4-

(T)

K099

Untreated wastewater from the production of 2,4-D.

(T)

K123

Process wastewater (including supernates, filtrates

and washwaters) from the production of ethylenebis-

dithiocarbamic acid and its salts.

(T)

K124

Reactor vent scrubber water from the production of

ethylenebisdithiocarbamic 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 ethylenebisdithiocarbamic 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)

K052

Tank bottoms (leaded) from the petroleum refining

industry.

(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 U.S.C. 6926(b), the Board RCRA

rules become "less stringent" than the USEPA rules,

as this phrase is used in Section 3009, 42 U.S.C.

6929, or the Board RCRA rules are not "identical in

substance" with the federal rules as that term is

intended by Ill. Rev. Stat. 19891 ch. 111½, pars.

1007.2 and 1022.4 [415 ILCS 5/7.2 and 5/22.4] 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)

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, driers, 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 alpha-

(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)

K150

Organic residuals, excluding spent carbon adsorbent,

from the spent chlorine gas and hydrochloric acid

recovery processes associated with the production of

alpha- (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 alpha- (or methyl-) chlorinated

toluenes, ring-chlorinated toluenes, benzoyl

chlorides, and compounds with mixtures of these

functional groups.

(T)

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 721.Appendix B

Method 1311 Toxicity Characteristic Leaching Procedure

(TCLP)

The Board incorporates by reference 40 CFR 261, Appendix II, as amended at 55

Fed. Reg. 11798, March 29, 199057 Fed. Reg. 55114-55117, November 24, 1992 and

58 Fed. Reg. 6854, February 2, 1993. This Section incorporates no future

editions or modifications

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 721.Appendix G

Basis for Listing Hazardous Wastes

EPA

hazardous

waste No.

Hazardous constituents for which listed

F001

Tetrachloroethylene, methylene chloride,

trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride,

chlorinated fluorocarbons.

F002

Tetrachloroethylene, methylene chloride, trichloroethylene,

1,1,1-trichloroethane, 1,1,2-trichlorethane, chlorobenzene,

1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene,

trichlorofluoromethane.

F003

N.A.

F004

Cresols and cresylic acid, nitrobenzene.

F005

Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine,

2-ethoxyethanol, benzene, 2-nitropropane

F006

Cadmium, hexavalent chromium, nickel, cyanide (complexed).

F007

Cyanide (salts).

F008

Cyanide (salts).

F009

Cyanide (salts).

F010

Cyanide (salts).

F011

Cyanide (salts).

F012

Cyanide (complexed).

F019

Hexavalent chromium, cyanide (complexed).

F020

Tetra- and pentachlorodibenzo-p-dioxins; tetra- and

pentachlorodibenzofurans; tri- and tetrachlorophenols and their

clorophenoxy derivative acids, esters, ethers, amines and other salts.

F021

Penta- and hexachlorodibenzo-p-dioxins; penta- and

hexachlorodibenzofurans; pentachlorophenol and its derivatives.

F022

Tetra-, penta- and hexachlorodibenzo-p-dioxins; tetra-, penta- and

hexachlorodibenzofurans.

F023

Tetra- and pentachlorodibenzo-p-dioxins; tetra- and

pentachlorodibenzofurans; tri- and tetra- chlorophenols and their

chlorophenoxy derivative acids, esters, ethers, amines and other salts.

F024

Chloromethane, dichloromethane, trichloromethane, carbon tetrachloride,

chloroethylene, 1, 1-dichloroethane, 1, 2-dichloroethane, trans-1,

2-dichloroethylene, 1, 1-dichloroethylene, 1, 1, 1-trichloroethane, 1,

1, 2-trichloroethane, trichloroethylene, 1, 1, 1, 2-tetrachloroethane,

1,1, 2, 2-tetrachloroethane, tetrachloroethylene, pentachloroethane,

hexachloroethane, allyl chloride (3-chloropropene), dichloropropane,

dichloropropene, 2-chloro- 1, 3-butadiene, hexachloro-1, 3-butadiene,

hexachlorochylopentadiene, hexachlorocylohexane, benzene, chlorobenzene,

dichlorobenzenes, 1, 2, 4-trichlorobenzene, tetrachlorobenzenes,

pentachlorobenzene, hexachlorobenzene, toluene, naphthalene.

F025

Chloromethane, dicloromethane, trichloromethane; carbon tetrachloride;

chloroethylene; 1,1-dichloroethane; 1,2-dichloroethane;

trans-1,2-dichloroethylene; 1,1-dichloroethylene; 1,1,1-trichloroethane;

1,1,2-trichloroethane; trichloroethylene; 1,1,1,2-tetrachloroethane;

1,1,2,2-tetrachloroethane; tetrachloroethylene; pentachloroethane;

hexachloroethane; allyl chloride (3-chloropropene); dichloropropane;

dichloropropene; 2-chloro-1,3-butadiene; hexachloro-1,3-butadiene;

hexachlorocyclopentadiene; benzene; chlorobenzene; dichlorobenzene;

1,2,4-trichlorobenzene; tetrachlorobenzene; pentachlorobenzene;

hexachlorobenzene; toluene; naphthalene.

F026

Tetra-, penta-, and hexachlorodibenzo-p-dioxins; tetra-, penta-, and

hexachlorodibenzofurans.

F027

Tetra-, penta, and hexachlorodibenzo-p-dioxins; tetra-, penta-, and

hexachlorodibenzofurans; tri-, tetra-, and pentachlorophenols and their

chlorophenoxy derivative acids, esters, ethers, amine and other salts.

F028

Tetra-, penta-, and hexachlorodibenzo-p-dixons;tetra-, penta-, and

hexachlorodibenzofurans; tri-, tetra-, and pentachlorophenols and their

chlorophenoxy derivative acids, esters, ethers, amine and other salts.

F032

Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene,

indeno(1,2,3-cd)pyrene, pentachlorophenol, arsenic, chromium, tetra-,

penta-, hexa-, heptachlorordibenzo-p-dioxins, tetra-, penta-, hexa-,

heptachlorodibenzofurans.

F034

Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene,

dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, naphthalene, arsenic

chromium.

F035

Arsenic, chromium and lead.

F037

Benzene, benzo(a)pyrene, chrysene, lead, chromium.

F038

Benzene, benzo(a)pyrene, chrysene, lead, chromium.

F039

All constituents for which treatment standards are specified for

multi-source leachate (wastewaters and non-wastewaters) under 35 Ill.

Adm. Code 728.Table B (Constituent Concentrations in Waste)

K001

Pentachlorophenol, phenol, 2-chlorophenol, p-chloro-m-cresol,

2,4-dimethylphenol, 2,4- dinitrophenol, trichlorophenols,

tetrachlorophenols, 2,4- dinitrophenol, cresosote, chrysene,

naphthalene, fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene,

indeno(1,2,3-cd)pyrene, benz(a) anthracene, dibenz(a)anthracene,

acenaphthalene.

K002

Hexavalent chromium, lead.

K003

Hexavalent chromium, lead.

K004

Hexavalent chromium.

K005

Hexavalent chromium, lead.

K006

Hexavalent chromium.

K007

Cyanide (complexed), hexavalent chromium.

K008

Hexavalent chromium.

K009

Chloroform, formaldehyde, methylene chloride, methyl chloride,

paraldehyde, formic acid.

K010

Chloroform, formaldehyde, methylene chloride, methyl chloride,

paraldehyde, formic acid, chloroacetaldehyde.

K011

Acrylonitrile, acetonitrile, hydrocyanic acid.

K013

Hydrocyanic acid, acrylonitrile, acetonitrile.

K014

Acetonitrile, acrylamide.

K015

Benzyl chloride, chlorobenzene, toluene, benzotrichloride.

K016

Hexachlorobenzene, hexachlorobutadiene, carbon tetrachloride,

hexachloroethane, perchloroethylene.

K017

Epichlorohydrin, chloroethers [bis(chloromethyl) ether and bis-

(2-chloroethyl) ethers], trichloropropane, dichloropropanols.

K018

1,2-dichloroethane, trichloroethylene, hexachlorobutadiene,

hexachlorobenzene.

K019

Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane,

tetrachloroethanes (1,1,2,2-tetrachloroethane and

1,1,1,2-tetrachloroethane), trichloroethylene, tetrachloroethylene,

carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride.

K020

Ethylene dichloride, 1,1,1-trichloroethane, 1,1,2-trichloroethane,

tetrachloro-ethanes (1,1,2,2-tetrachloroethane and

1,1,1,2-tetrachloroethane), trichloroethylene, tetrachloroethylene,

carbon tetrachloride, chloroform, vinyl chloride, vinylidene chloride.

K021

Antimony, carbon tetrachloride, chloroform.

K022

Phenol, tars (polycyclic aromatic hydrocarbons).

K023

Phthalic anhydride, maleic anhydride.

K024

Phthalic anhydride, 1,4-naphthoguinone.

K025

Meta-dinitrobenzene, 2,4-dinitrotoluene.

K026

Paraldehyde, pyridines, 2-picoline.

K027

Toluene diisocyanate, toluene-2,4-diamine.

K028

1,1,1-trichloroethane, vinyl chloride.

K029

1,2-dichloroethane, 1,1,1-trichloroethane, vinyl chloride, vinylidene

chloride, chloroform.

K030

Hexachlorobenzene, hexachlorobutadiene, hexachloroethane,

1,1,1,2-tetrachloroethane, 1,1,2,2-tetrachloroethane, ethylene

dichloride.

K031

Arsenic.

K032

Hexachlorocyclopentadiene.

K033

Hexachlorocyclopentadiene.

K034

Hexachlorocyclopentadiene.

K035

Creosote, chrysene, naphthalene, fluoranthene, benzo(b) fluoranthene,

benzo(a)-pyrene, indeno(1,2,3-cd) pyrene, benzo(a)anthracene,

dibenzo(a)anthracene, acenaphthalene.

K036

Toluene, phosphorodithioic and phosphorothioic acid esters.

K037

Toluene, phosphorodithioic and phosphorothioic acid esters.

K038

Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid

esters.

K039

Phosphorodithioic and phosphorothioic acid esters.

K040

Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid

esters.

K041

Toxaphene.

K042

Hexachlorobenzene, ortho-dichlorobenzene.

K043

2,4-dichlorophenol, 2,6-dichlorophenol, 2,4,6-trichlorophenol.

K044

N.A.

K045

N.A.

K046

Lead

K047

N.A.

K048

Hexavalent chromium, lead.

K049

Hexavalent chromium, lead.

K050

Hexavalent chromium.

K051

Hexavalent chromium, lead.

K052

Lead

K060

Cyanide, naphthalene, phenolic compounds, arsenic.

K061

Hexavalent chromium, lead, cadmium.

K062

Hexavalent chromium, lead.

K064

Lead, cadmium

K065

Lead, cadmium

K066

Lead, cadmium

K069

Hexavalent chromium, lead, cadmium.

K071

Mercury.

K073

Chloroform, carbon tetrachloride, hexachloroethane, trichloroethane,

tetrachloroethylene, dichloroethylene, 1,1,2,2-tetrachloroethane.

K083

Aniline, diphenylamine, nitrobenzene, phenylenediamine.

K084

Arsenic.

K085

Benzene, dichlorobenzenes, trichlorobenzenes, tetrachlorobenzenes,

pentachlorobenzene, hexachlorobenzene, benzyl chloride.

K086

Lead, hexavalent chromium.

K087

Phenol, naphthalene.

K088

Cyanide (complexes)

K090

Chromium

K091

Chromium

K093

Phthalic anhydride, maleic anhydride.

K094

Phthalic anhydride.

K095

1,1,2-trichloroethane, 1,1,1,2-tetrachloroethane,

1,1,2,2-tetrachloroethane.

K096

1,2-dichloroethane, 1,1,1-trichloroethane, 1,1,2-trichloroethane.

K097

Chlordane, heptachlor.

K098

Toxaphene.

K099

2,4-dichlorophenol, 2,4,6-trichlorophenol.

K100

Hexavalent chromium, lead, cadmium.

K101

Arsenic.

K102

Arsenic.

K103

Aniline, nitrobenzene, phenylenediamine.

K104

Aniline, benzene, diphenylamine, nitrobenzene, phynylenediamine.

K105

Benzene, monochlorobenzene, dichlorobenzenes, 2,4,6-trichlorophenol.

K106

Mercury.

K111

2,4-Dinitrotoluene.

K112

2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.

K113

2,4-Toluenediamine, o-toluidine, p-toluidine, aniline.

K114

2,4-Toluenediamine, o-toluidine, p-toluidine.

K115

2,4-Toluenediamine.

K116

Carbon Tetrachloride, tetrachloroethylene, chloroform, phosgene.

K117

Ethylene dibromide

K118

Ethylene dibromide

K123

Ethylene thiourea

K124

Ethylene thiourea

K125

Ethylene thiourea

K126

Ethylene thiourea

K131

Dimethyl sulfte, methyl bromide

K132

Methyl bromide

K136

Ethylene dibromide

K141

Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

K142

Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

K143

Benzene, benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene.

K144

Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene.

K145

Benzene, benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene,

naphthalene.

K147

Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

K148

Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene,

benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.

K149

Benzotrichloride, benzyl chloride, chloroform, chloromethane,

chlorobenzene, 1,4-dichlorobenzene, hexachlorobenzene,

pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, toluene.

K150

Carbon tetrachloride, chloroform, chloromethane, 1,4-dichlorobenzene,

hexachlorobenzene, pentachlorobenzene, 1,2,4,5-tetrachlorobenzene,

1,1,2,2-tetrachloroethane, tetrachloroethylene, 1,2,4-trichlorobenzene.

K151

Benzene, carbon tetrachloride, chloroform, hexachlorobenzene,

pentachlorobenzene, toluene, 1,2,4,5-tetrachlorobenzene,

tetrachloroethylene.

N.A.--Waste is hazardous because it fails the test for the

characteristic of ignitability, corrosivity or reactivity.

(Source: Amended at 17 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

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

SUBPART F: IMPORTS OF HAZARDOUS WASTE

Section

722.160

Imports of Hazardous Waste

SUBPART G: FARMERS

Section

722.170

Farmers

722.Appendix A

Hazardous Waste Manifest

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

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1022.4 and

1027 [415 ILCS 5/22.4 and 5/27]).

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as

noted in 35 Ill. Adm. Code 700.106; amended and codified in R81-22, 45 PCB

317, at 6 Ill. Reg. 4828, effective as noted in 35 Ill. Adm. Code 700.106;

amended in R82-18, 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. _________,

effective _______________.

SUBPART C: PRE-TRANSPORT REQUIREMENTS

Section 722.134

Accumulation Time

Except as provided in subsections (d), (e) or (f), below, a

generator is 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 waste is placed:

In containers and the generator complies with 35 Ill.

Adm. Code 725.Subpart I; or

In tanks and the generator complies with 35 Ill. Adm.

Code 725.Subpart J except 35 Ill. Adm. Code 725.297(c)

and 725.300; or

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 no later than 60 days after the date

of initial operation of the unit). After February 18,

1993, the PE certification will be required prior to

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 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 which appears in the Federal rules

after 40 CFR 262.34(a)(1)(iv)(B) is in the

introduction to subsection (a), above.

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 owners or

operators in 35 Ill. Adm. Code 725.Subparts C and D, with 35

Ill. Adm. Code 725.116 and 728.107(a)(4).

A generator who 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.

Accumulation near 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, which 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),

above, provided the generator:

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 who 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), above, at or near any point of generation must, with

respect to that amount of excess waste, comply within three

days with subsection (a), above, or other applicable

provisions of this chapter. During the three day period the

generator must continue to comply with subsection (c)(1),

above. The generator must mark the container holding the

excess accumulation of hazardous waste with the date the

excess amount began accumulating.

A generator who 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 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 the generator need not comply

with 35 Ill. Adm. Code 725.276;

The generator complies with the requirements of 35 Ill. Adm.

Code 725.301;

The generator complies with the requirements of subsections

(a)(2) and (3), above, of 35 Ill. Adm. Code 725.Subpart C

and of 35 Ill. Adm. Code 728.107(a)(4); 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), below. 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 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:

iii)

In the event of a fire, explosion or other

release which 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 (35 Ill.

Adm. Code 722.112) of the generator; date, time

and type of incident (e.g., spill or fire);

quantity and type of hazardous waste involved in

the incident; extent of injuries, if any; and,

estimated quantity and disposition of

recoverable materials, if any.

A generator who generates greater than 100 kilograms but less than

1000 kilograms of hazardous waste in a calendar month and who 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), above.

A generator who generates greater than 100 kilograms but less than

1000 kilograms of hazardous waste in a calendar month and who

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-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 17 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

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130

Applicability

724.131

Design and Operation of Facility

724.132

Required Equipment

724.133

Testing and Maintenance of Equipment

724.134

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

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

Section

724.210

Applicability

724.211

Closure Performance Standard

724.212

Closure Plan; Amendment of Plan

724.213

Closure; Time Allowed For Closure

724.214

Disposal or Decontamination of Equipment, Structures and Soils

724.215

Certification of Closure

724.216

Survey Plat

724.217

Post-closure Care and Use of Property

724.218

Post-closure Plan; Amendment of Plan

724.219

Post-closure Notices

724.220

Certification of Completion of Post-closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240

Applicability

724.241

Definitions of Terms As Used In This Subpart

724.242

Cost Estimate for Closure

724.243

Financial Assurance for Closure

724.244

Cost Estimate for Post-closure Care

724.245

Financial Assurance for Post-closure Care

724.246

Use of a Mechanism for Financial Assurance of Both Closure and

Post-closure Care

724.247

Liability Requirements

724.248

Incapacity of Owners or Operators, Guarantors or Financial

Institutions

724.251

Wording of the Instruments

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

724.270

Applicability

724.271

Condition of Containers

724.272

Compatibility of Waste With Container

724.273

Management of Containers

724.274

Inspections

724.275

Containment

724.276

Special Requirements for Ignitable or Reactive Waste

724.277

Special Requirements for Incompatible Wastes

724.278

Closure

SUBPART J: TANK SYSTEMS

Section

724.290

Applicability

724.291

Assessment of Existing Tank System's Integrity

724.292

Design and Installation of New Tank Systems or Components

724.293

Containment and Detection of Releases

724.294

General Operating Requirements

724.295

Inspections

724.296

Response to Leaks or Spills and Disposition of Leaking or unfit-

for-use Tank Systems

724.297

Closure and Post-Closure Care

724.298

Special Requirements for Ignitable or Reactive Waste

724.299

Special Requirements for Incompatible Wastes

724.300

Special Requirements for Hazardous Wastes F020, F021, F022, F023,

F026 and F027

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320

Applicability

724.321

Design and Operating Requirements

724.322

Double-lined Surface Impoundments: Exemption from Subpart F:

Ground-water Protection Requirements (Repealed)

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

SUBPART L: WASTE PILES

Section

724.350

Applicability

724.351

Design and Operating Requirements

724.352

Double-lined Piles: Exemption from Subpart F: Ground-water

Protection Requirements (Repealed)

724.353

Inspection of Liners: Exemption from Subpart F: Ground-water

Protection Requirements (Repealed)

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 F027

SUBPART N: LANDFILLS

Section

724.400

Applicability

724.401

Design and Operating Requirements

724.402

Double-lined Landfills: Exemption from Subpart F: Ground-water

Protection Requirements (Repealed)

724.403

Monitoring and Inspection

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 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

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 DD: CONTAINMENT BUILDINGS

Section

724.1100

Applicability

724.1101

Design and operating standards

724.1102

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 Section 22.4 and authorized by Section 27 of the

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1022.4 and

1027 [415 ILCS 5/22.4 and 5/27]).

SOURCE: Adopted in 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. 17666,

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. _________, effective

_______________.

SUBPART A: GENERAL PROVISIONS

Section 724.101

Purpose, Scope and Applicability

The purpose of this Part is to establish minimum standards which

define the acceptable management of hazardous waste.

The standards in this Part apply to owners and operators of all

facilities which treat, store or dispose of hazardous waste,

except as specifically provided otherwise in this Part or 35 Ill.

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. 1431-1434, 33 U.S.C. 1401) only to the extent they are

included in a RCRA permit by rule granted to such a person under

35 Ill. Adm. Code 703.141. A "RCRA permit" is a permit required

by Section 21(f) of the Environmental Protection Act and 35 Ill.

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) which treats, stores or

disposes of hazardous waste only to the extent included in a RCRA

permit by rule granted to such a person under 35 Ill. Adm. Code

703.141.

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) and

(3) (except to the extent that requirements of this Part are

referred to in 35 Ill. Adm. Code 726.Subparts C, D, F, or G,

or H).

A generator accumulating waste on-site in compliance with 35

100

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;

Immediate response:

Except as provided in subsection (f)(8)(B), a person

engaged in treatment or containment activities during

immediate response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a

discharge of hazardous waste;

iii)

A discharge of a material which, when

discharged, becomes a hazardous waste.

An owner or operator of a facility otherwise regulated

by this Part must comply with all applicable

requirements of Subparts C and D.

Any person who is covered by subsection (f)(8)(A) and

who continues or initiates hazardous waste treatment

or containment activities after the immediate response

is over is subject to all applicable requirements of

this Part and 35 Ill. Adm. Code 702, 703 and 705 for

those activities. Or,

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.

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.

This Part applies to owners and operators of facilities which

treat, store or dispose of hazardous wastes referred to in 35 Ill.

Adm. Code 728.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART B: GENERAL FACILITY STANDARDS

Section 724.113

General Waste Analysis

Analysis:

Before an owner or operator treats, stores or disposes of

any hazardous wastes, or non-hazardous wastes if applicable

101

under Section 724.213(d), the owner or operator shall obtain

a detailed chemical and physical analysis of a

representative sample of the wastes. At a minimum, the

analysis must contain all the information which must be

known to treat, store or dispose of the waste in accordance

with this Part and 35 Ill. Adm. Code 728.

The analysis may include data developed under 35 Ill. Adm.

Code 721, and existing published or documented data on the

hazardous waste or on hazardous waste generated from similar

processes.

BOARD NOTE: For example, the facility's records of analyses

performed on the waste before the effective date of these

regulations, or studies conducted on hazardous waste

generated from processes similar to that which generated the

waste to be managed at the facility, may be included in the

data base required to comply with subsection (a)(1) above.

The owner or operator of an off-site facility may arrange

for the generator of the hazardous waste to supply part or

all of the information required by subsection (a)(1) above,

except as otherwise specified in 35 Ill. Adm. Code

728.107(b) and (c). If the generator does not supply the

information, and the owner or operator chooses to accept a

hazardous waste, the owner or operator is responsible for

obtaining the information required to comply with this

Section.

The analysis must be repeated as necessary to ensure that it

is accurate and up to date. At a minimum, the analysis must

be repeated:

When the owner or operator is notified, or has reason

to believe, that the process or operation generating

the hazardous waste, or non-hazardous waste if

applicable under Section 724.213(d), has changed; and

For off-site facilities, when the results of the

inspection required in subsection (a)(4) below

indicate that the hazardous waste received at the

facility does not match the waste designated on the

accompanying manifest or shipping paper.

The owner or operator of an off-site facility shall inspect

and, if necessary, analyze each hazardous waste movement

received at the facility to determine whether it matches the

identity of the waste specified on the accompanying manifest

or shipping paper.

The owner or operator shall develop and follow a written waste

analysis plan which describes the procedures which it will carry

out to comply with subsection (a) above. The owner or operator

shall keep this plan at the facility. At a minimum, the plan must

specify:

The parameters for which each hazardous waste, or non-

hazardous waste if applicable under Section 724.213(d), will

be analyzed and the rationale for the selection of these

parameters (i.e., how analysis for these parameters will

provide sufficient information on the waste's properties to

comply with subsection (a) above).

The test methods which will be used to test for these

parameters.

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The sampling method which will be used to obtain a

representative sample of the waste to be analyzed. A

representative sample may be obtained using either:

One of the sampling methods described in 35 Ill. Adm.

Code 721.Appendix A; or

An equivalent sampling method.

BOARD NOTE: See 35 Ill. Adm. Code 720.121 for

related discussion.

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.

For off-site facilities, the waste analyses that hazardous

waste generators have agreed to supply.

Where applicable, the methods which will be used to meet the

additional waste analysis requirements for specific waste

management methods as specified in Sections 724.117,

724.414, 724.441, 724.934(d) and 724.963(d), and 35 Ill.

Adm. Code 728.107. And,

For surface impoundments exempted from land disposal

restrictions under 35 Ill. Adm. Code 728.104(a), the

procedures and schedules for:

The sampling of impoundment contents;

The analysis of test data; and,

The annual removal of residues which are not delisted

under 35 Ill. Adm. Code 720.122 or which exhibit a

characteristic of hazardous waste, and either:

Do not meet applicable treatment standards of 35

Ill. Adm. Code 728.Subpart D; or

ii)

Where no treatment standards have been

established: Such residues are prohibited from

land disposal under 35 Ill. Adm. Code 728.132 or

728.139; or such residues are prohibited from

land disposal under 35 Ill. Adm. Code

728.133(f).

For off-site facilities, the waste analysis plan required in

subsection (b) above must also specify the procedures which will

be used to inspect and, if necessary, analyze each movement of

hazardous waste received at the facility to ensure that it matches

the identity of the waste designated on the accompanying manifest

or shipping paper. At a minimum, the plan must describe:

The procedures which will be used to determine the identity

of each movement of waste managed at the facility; and

The sampling method which will be used to obtain a

representative sample of the waste to be identified, if the

identification method includes sampling.

The procedures that the owner or operator of an off-site

landfill receiving containerized hazardous waste will use to

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determine whether a hazardous waste generator or treater has

added a biodegradable sorbent to the waste in the container.

BOARD NOTE: 35 Ill. Adm. Code 703, requires that the

waste analysis plan be submitted with Part B of the

permit application.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART G: CLOSURE AND POST-CLOSURE

Section 724.210

Applicability

Except as Section 724.101 provides otherwise:

Section 724.211 through 724.215 (which concern closure) apply to

the owners and operators of all hazardous waste management

facilities; and

Sections 724.216 through 724.220 (which concern post-closure care)

apply to the owners and operators of:

All hazardous waste disposal facilities; andor

Waste piles and surface impoundments from which the owner or

operator intends to remove the wastes at closure, to the

extent that these Sections are made applicable to such

facilities in Sections 724.328 or 724.358; or

Tank systems which are required under Section 724.297 to

meet the requirements for landfills.; or

Containment buildings that are required under Section

724.1102 to meet the requirements for landfills.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.211

Closure Performance Standard

The owner or operator shall close the facility in a manner that:

Minimizes the need for further maintenance; and

Controls, minimizes or eliminates, to the extent necessary to

protect to human health and the environment, post-closure escape

of hazardous waste, hazardous constituents, leachate, contaminated

run-off or hazardous decomposition products to the ground or

surface waters or to the atmosphere; and

Complies with the closure requirements of this Part including, but

not limited to, the requirements of Sections 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, 724.451 and 724.701 through

724.703, and 724.1102.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.212

Closure Plan; Amendment of Plan

Written Plan.

The owner or operator of a hazardous waste management

facility shall have a written closure plan. In addition,

certain surface impoundments and waste piles from which the

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owner or operator intends to remove or decontaminate the

hazardous waste at partial or final closure are required by

Sections 724.328(c)(1)(A) and 724.358(c)(1)(A) to have

contingent closure plans. The plan must be submitted with

the permit application, in accordance with 35 Ill. Adm. Code

703.183, and approved by the Agency as part of the permit

issuance proceeding under 35 Ill. Adm. Code 705. In

accordance with 35 Ill. Adm. Code 703.241, the approved

closure plan will become a condition of any RCRA permit.

The Agency's approval of the plan must ensure that the

approved closure plan is consistent with Sections 724.211

through 724.215 and the applicable requirements of Sections

724.190 et seq., 724.278, 724.297, 724.328, 724.358,

724.380, 724.410, 724.451 and 724.701, and 724.1102. Until

final closure is completed and certified in accordance with

Section 724.515215, a copy of the approved plan and approved

revisions must be furnished to the Agency upon request,

including requests by mail.

Content of plan. The plan must identify steps necessary to

perform partial or final closure of the facility at any point

during its active life. The closure plan must include, at least:

A description of how each hazardous waste management unit at

the facility will be closed in accordance with Section

724.211;

A description of how final closure of the facility will be

conducted in accordance with Section 724.211. The

description must identify the maximum extent of the

operations which will be unclosed during the active life of

the facility; and

An estimate of the maximum inventory of hazardous wastes

ever on-site over the active life of the facility and a

detailed description of the methods to be used during

partial closures and final closure, including, but not

limited to, methods for removing, transporting, treating,

storing or disposing of all hazardous wastes, and

identification of the type(s) of off-site hazardous waste

management units to be used, if applicable; and

A detailed description of the steps needed to remove or

decontaminate all hazardous waste residues and contaminated

containment system components, equipment, structures and

soils during partial and final closure, including, but not

limited to, procedures for cleaning equipment and removing

contaminated soils, methods for sampling and testing

surrounding soils and criteria for determining the extent of

decontamination required to satisfy the closure performance

standard; and

A detailed description of other activities necessary during

the closure period to ensure that all partial closures and

final closure satisfy the closure performance standards,

including, but not limited to, groundwater monitoring,

leachate collection, and run-on and run-off control; and

A schedule for closure of each hazardous waste management

unit and for final closure of the facility. The schedule

must include, at a minimum, the total time required to close

each hazardous waste management unit and the time required

for intervening closure activities which will allow tracking

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of the progress of partial and final closure. (For example,

in the case of a landfill unit, estimates of the time

required to treat and dispose of all hazardous waste

inventory and of the time required to place a final cover

must be included.)

For facilities that use trust funds to establish financial

assurance under Section 724.243 or 724.245 and that are

expected to close prior to the expiration of the permit, an

estimate of the expected year of final closure.

Amendment of the plan. The owner or operator shall submit a

written notification of or request for a permit modification to

authorize a change in operating plans, facility design or the

approved closure plan in accordance with the applicable procedures

in 35 Ill. Adm. Code 702, 703 and 705. The written notification

or request must include a copy of the amended closure plan for

review or approval by the Agency.

The owner or operator may submit a written notification or

request to the Agency for a permit modification to amend the

closure plan at any time prior to notification of partial or

final closure of the facility.

The owner or operator shall submit a written notification of

or request for a permit modification to authorize a change

in the approved closure plan whenever:

Changes in operating plans or facility design affect

the closure plan; or

There is a change in the expected year of closure, if

applicable, or

In conducting partial or final closure activities,

unexpected events require modification of the approved

closure plan.

The owner or operator shall submit a written request for a

permit modification including a copy of the amended closure

plan for approval at least 60 days prior to the proposed

change in the facility design or operation, or no later than

60 days after an unexpected event has occurred which has

affected the closure plan. If an unexpected event occurs

during the partial or final closure period, the owner or

operator shall request a permit modification no later than

30 days after the unexpected event. An owner or operator of

a surface impoundment or waste pile that intends to remove

all hazardous waste at closure and is not otherwise required

to prepare a contingent closure plan under Sections

724.328(c)(1)(A) or 724.358(c)(1)(A), shall submit an

amended closure plan to the Agency no later than 60 days

after the date the owner or operator or Agency determines

that the hazardous waste management unit must be closed as a

landfill, subject to the requirements of Section 724.410, or

no later than 30 days after that date if the determination

is made during partial or final closure. The Agency shall

approve, disapprove or modify this amended plan in

accordance with the procedures in 35 Ill. Adm. Code 702, 703

and 705. In accordance with 35 Ill. Adm. Code 702.160 and

703.241, the approved closure plan will become a condition

of any RCRA permit issued.

The Agency may request modifications to the plan under the

106

conditions described in Section 724.212(c)(2). The owner or

operator shall submit the modified plan within 60 days after

the Agency's request, or within 30 days if the change in

facility conditions occurs during partial or final closure.

Any modifications requested by the Agency must be approved

in accordance with the procedures in 35 Ill. Adm. Code 702,

703 and 705.

Notification of partial closure and final closure.

The owner or operator shall notify the Agency in writing at

least 60 days prior to the date on which the owner or

operator expects to begin closure of a surface impoundment,

waste pile, land treatment or landfill unit, or final

closure of a facility with such a unit. The owner or

operator shall notify the Agency in writing at least 45 days

prior to the date on which the owner or operator expects to

begin final closure of a facility with only treatment or

storage tanks, container storage or incinerator units to be

closed. The owner or operator shall notify the Agency in

writing at least 45 days prior to the date on which the

owner or operator expects to begin partial or final closure

of a boiler or industrial furnace, whichever is earlier.

The date when the owner or operator "expects to begin

closure" must be either:

No later than 30 days after the date on which any

hazardous waste management unit receives the known

final volume of hazardous wastes or, if there is a

reasonable possibility that the hazardous waste

management unit will receive additional hazardous

wastes, no later than one year after the date on which

the unit received the most recent volume of hazardous

waste. If the owner or operator of a hazardous waste

management unit demonstrates to the Agency that the

hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes and

that the owner or operator have taken, and will

continue to take, all steps to prevent threats to

human health and the environment, including compliance

with all applicable permit requirements, the Agency

shall approve an extension to this one-year limit. Or,

For units meeting the requirements of Section

724.213(d), no later than 30 days after the date on

which the hazardous waste management unit receives the

final known volume of non-hazardous wastes, or, if

there is a reasonable possibility that the hazardous

waste management unit will receive additional

non-hazardous wastes, no later than one year after the

date on which the unit received the most recent volume

of non-hazardous wastes. If the owner or operator

demonstrates to the Agency that the hazardous waste

management unit has the capacity to receive additional

non-hazardous wastes and that the owner and operator

have taken, and will continue to take, all steps to

prevent threats to human health and the environment,

including compliance with all applicable permit

requirements, the Agency shall approve an extension to

this one-year limit.

If the facility's permit is terminated, or if the facility

is otherwise ordered, by judicial decree or Board order to

107

cease receiving hazardous wastes or to close, then the

requirements of this subsection do not apply. However, the

owner or operator shall close the facility in accordance

with the deadlines established in Section 724.213.

Removal of wastes and decontamination or dismantling of equipment.

Nothing in this Section shall preclude the owner or operator from

removing hazardous wastes and decontaminating or dismantling

equipment in accordance with the approved partial or final closure

plan at any time before or after notification of partial or final

closure.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART H: FINANCIAL REQUIREMENTS

Section 724.240

Applicability

The requirements of Sections 724.242, 724.243 and 724.247 through

724.251 apply to owners and operators of all hazardous waste

facilities, except as provided otherwise in this Section or in

Section 724.101.

The requirements of Sections 724.244 and 724.245 apply only to

owners and operators of:

Disposal facilities; andor

Piles, and surface impoundments from which the owner or

operator intends to remove the wastes at closure, to the

extent that these Sections are made applicable to such

facilities in Sections 724.328 and 724.358; andor

Tank systems which are required under Section 724.297 to

meet the requirements for landfills.; or

Containment buildings that are required under Section

724.1102 to meet the requirements for landfills.

States and Federal government are exempt from the requirements of

this Subpart.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.242

Cost Estimate for Closure

The owner or operator shall have detailed a written estimate, in

current dollars, of the cost of closing facility in accordance

with the requirements in Sections 724.211 through 724.215 and

applicable closure requirements in Sections 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, 724.451 and 724.701 through

724.703, and 724.1102.

The estimate must equal the cost of final closure at the

point in the facility's active life when the extent and

manner of its operation would make closure the most

expensive, as indicated by its closure plan (see Section

724.212(b)); and

The closure cost estimate must be based on the costs to the

owner or operator of hiring a third party to close the

facility. A third party is a party who is neither a parent

nor a subsidiary of the owner or operator. (See definition

108

of parent corporation in Section 724.241(d)). The owner or

operator may use costs for on-site disposal if the owner or

operator demonstrates that on-site disposal capacity will

exist at all times over the life of the facility.

The closure cost estimate must not incorporate any salvage

value that may be realized with the sale of hazardous

wastes, or non-hazardous wastes if applicable under Section

724.213(d), facility structures or equipment, land or other

assets associated with the facility at the time of partial

or final closure hazardous wastes that might have economic

value.

The owner or operator shall not incorporate a zero cost for

hazardous wastes, or non-hazardous wastes if applicable

under Section 724.213(d), that might have economic value.

During the active life of the facility, the owner or operator

shall adjust the closure cost estimate for inflation within 60

days prior to the anniversary date of the establishment of the

financial instrument(s) used to comply with Section 724.243. For

owners and operators using the financial test or corporate

guarantee, the closure cost estimate must be updated for inflation

within 30 days after the close of the firm's fiscal year and

before submission of updated information to the Agency as

specified in Section 724.243(f)(3). The adjustment may be made by

recalculating the maximum costs of closure in current dollars, or

by using an inflation factor derived from the annual Implicit

Price Deflator for Gross National Product as published by the U.S.

Department of Commerce in its Survey of Current Business as

specified in subsections (b)(1) and (b)(2). The inflation factor

is the result of dividing the latest published annual Deflator by

the Deflator for the previous year.

The first adjustment is made by multiplying the closure cost

estimate by the inflation factor. The result is the

adjusted closure cost estimate.

Subsequent adjustments are made by multiplying the latest

adjusted closure cost estimate by the latest inflation

factor.

During the active life of the facility the owner or operator shall

revise the closure cost estimate no later than 30 days after the

Agency has approved the request to modify the closure plan, if the

change in the closure plan increases the cost of closure. The

revised closure cost estimate must be adjusted for inflation as

specified in Section 724.242(b).

The owner or operator shall keep the following at the facility

during the operating life of the facility: The latest closure

cost estimate prepared in accordance with Sections 724.242(a) and

Section 724.242(b), the latest adjusted closure cost estimate.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.243

Financial Assurance For Closure

An owner or operator of each facility shall establish financial assurance for

closure of the facility. The owner or operator shall choose from the options

as specified in subsections (a) through (f).

Closure trust fund.

109

An owner or operator may satisfy the requirements of this

Section by establishing a closure trust fund which conforms

to the requirements of this subsection and submitting an

original signed duplicate of the trust agreement to the

Agency. An owner or operator of a new facility shall submit

the original signed duplicate of the trust agreement to the

Agency at least 60 days before the date on which hazardous

waste is first received for treatment, storage or disposal.

The trustee must be an entity which has the authority to

act as a trustee and whose trust operations are regulated

and examined by a Federal or State agency.

The wording of the trust agreement must be as specified in

Section 724.251 and the trust agreement must be accompanied

by a formal certification of acknowledgment (as specified in

Section 724.251). Schedule A of the trust agreement must be

updated within 60 days after a change in the amount of the

current closure cost estimate covered by the agreement.

Payments into the trust fund must be made annually by the

owner or operator over the term of the initial RCRA permit

or over the remaining operating life of the facility as

estimated in the closure plan, whichever period is shorter;

this period is hereafter referred to as the "pay-in period."

The payments into the closure trust fund must be made as

follows:

For a new facility, the first payment must be made

before the initial receipt of hazardous waste for

treatment, storage or disposal. A receipt from the

trustee for this payment must be submitted by the

owner or operator to the Agency before this initial

receipt of hazardous waste. The first payment must be

at least equal to the current closure cost estimate,

except as provided in subsection (g), divided by the

number of years in the pay-in period. Subsequent

payments must be made no later than 30 days after each

anniversary date of the first payment. The amount of

each subsequent payment must be determined by this

formula:

Next payment = (CE - CV) / Y

where CE is the current closure cost estimate, CV is

the current value of the trust fund and Y is the

number of years remaining in the pay-in period.

If an owner or operator establishes a trust fund as

specified in 35 Ill. Adm. Code 725.243(a) and the

value of that trust fund is less than the current

closure cost estimate when a permit is awarded for the

facility, the amount of the current closure cost

estimate still to be paid into the trust fund must be

paid in over the pay-in period as defined in

subsection (a)(3). Payments must continue to be made

no later than 30 days after each anniversary date of

the first payment made pursuant to 35 Ill. Adm. Code

725. The amount of each payment must be determined by

this formula:

Next payment = (CE - CV) / Y

where CE is the current closure cost estimate, CV is

110

the current value of the trust fund and Y is the

number of years remaining in the pay-in period.

The owner or operator may accelerate payments into the trust

fund or may deposit the full amount of the current closure

cost estimate at the time the fund is established. However,

the owner or operator shall maintain the value of the fund

at no less than the value that the fund would have if annual

payments were made as specified in subsection (a)(3).

If the owner or operator establishes a closure trust fund

after having used one or more alternate mechanisms specified

in this Section or in 35 Ill. Adm. Code 725.243, its first

payment must be in at least the amount that the fund would

contain if the trust fund were established initially and

annual payments made according to specifications of this

subsection and 35 Ill. Adm. Code 725.243, as applicable.

After the pay-in period is completed, whenever the current

closure cost estimate changes, the owner or operator shall

compare the new estimate with the trustee's most recent

annual valuation of the trust fund. If the value of the

fund is less than the amount of the new estimate, the owner

or operator, within 60 days after the change in the cost

estimate, shall either deposit an amount into the fund so

that its value after this deposit at least equals the amount

of the current closure cost estimate, or obtain other

financial assurance as specified in this Section to cover

the difference.

If the value of the trust fund is greater than the total

amount of the current closure cost estimate, the owner or

operator may submit a written request to the Agency for

release of the amount in excess of the current closure cost

estimate.

If an owner or operator substitutes other financial

assurance as specified in this Section for all or part of

the trust fund, it may submit a written request to the

Agency for release of the amount in excess of the current

closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or

operator for release of funds as specified in subsections

(a)(7) or (8), the Agency shall instruct the trustee to

release to the owner or operator such funds as the Agency

specifies in writing.

10)

After beginning partial or final closure, an owner or

operator or another person authorized to conduct partial or

final closure may request reimbursement for closure

expenditures by submitting itemized bills to the Agency.

The owner or operator may request reimbursement for partial

closure only if sufficient funds are remaining in the trust

fund to cover the maximum costs of closing the facility over

its remaining operating life. Within 60 days after

receiving bills for partial or final closure activities, the

Agency shall instruct the trustee to make reimbursement in

those amounts as the Agency specifies in writing if the

Agency determines that the partial or final closure

expenditures are in accordance with the approved closure

plan, or otherwise justified. If the Agency determines that

the maximum cost of closure over the remaining life of the

facility will be significantly greater than the value of the

111

trust fund, it shall withhold reimbursement of such amounts

as it deems prudent until it determines, in accordance with

subsection (i), that the owner or operator is no longer

required to maintain financial assurance for final closure

of the facility. If the Agency does not instruct the

trustee to make such reimbursements, the Agency shall

provide the owner or operator with a detailed written

statement of reasons.

11)

The Agency shall agree to termination of the trust when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

Surety bond guaranteeing payment into a closure trust fund.

An owner or operator may satisfy the requirements of this

Section by obtaining a surety bond which conforms to the

requirements of this subsection and submitting the bond to

the Agency. An owner or operator of a new facility shall

submit the bond to the Agency at least 60 days before the

date on which hazardous waste is first received for

treatment, storage or disposal. The bond must be effective

before this initial receipt of hazardous waste. The surety

company issuing the bond must, at a minimum, be among those

listed as acceptable sureties on Federal bonds in Circular

570 of the U.S. Department of the Treasury.

The wording of the surety bond must be as specified in

Section 724.251.

The owner or operator who uses a surety bond to satisfy the

requirements of this Section shall also establish a standby

trust fund. Under the terms of the bond, all payments made

thereunder will be deposited by the surety directly into the

standby trust fund in accordance with instructions from the

Agency. This standby trust fund must meet the requirements

specified in subsection (a) except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the surety bond;

and

Until the standby trust fund is funded pursuant to the

requirements of this Section, the following are not

required by these regulations:

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(see 40 CFR 264.151(a)) to show current closure

cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

112

The bond must guarantee that the owner or operator will:

Fund the standby trust fund in an amount equal to the

penal sum of the bond before the beginning of final

closure of the facility; or

Fund the standby trust fund in an amount equal to the

penal sum within 15 days after an order to begin final

closure is issued by the Board or a U.S. district

court or other court of competent jurisdiction; or

Provide alternate financial assurance as specified in

this Section, and obtain the Agency's written approval

of the assurance provided, within 90 days after

receipt by both the owner or operator and the Agency

of a notice of cancellation of the bond from the

surety.

Under the terms of the bond, the surety will become liable

on the bond obligation when the owner or operator fails to

perform as guaranteed by the bond.

The penal sum of the bond must be in an amount at least

equal to the current closure cost estimate, except as

provided in subsection (g).

Whenever the current closure cost estimate increases to an

amount greater than the penal sum, the owner or operator,

within 60 days after the increase, shall either cause the

penal sum to be increased to an amount at least equal to the

current closure cost estimate and submit evidence of such

increase to the Agency or obtain other financial assurance

as specified in this Section to cover the increase.

Whenever the current closure cost estimate decreases, the

penal sum may be reduced to the amount of the current

closure cost estimate following written approval by the

Agency.

Under the terms of the bond, the surety may cancel the bond

by sending notice of cancellation by certified mail to the

owner or operator and to the Agency. Cancellation may not

occur, however, during the 120 days beginning on the date of

receipt of the notice of cancellation by both the owner or

operator and the Agency, as evidence by the return receipts.

The owner or operator may cancel the bond if the Agency has

given prior written consent based on its receipt of evidence

of alternate financial assurance as specified in this

Section.

Surety bond guaranteeing performance of closure.

An owner or operator may satisfy the requirements of this

by obtaining a surety bond which conforms to the

requirements of this subsection and submitting the bond to

the Agency. An owner or operator of a new facility shall

submit the bond to the Agency at least 60 days before the

date on which hazardous waste is first received for

treatment, storage or disposal. The bond must be effective

before this initial receipt of hazardous waste. The surety

company issuing the bond must, at a minimum, be among those

listed as acceptable sureties on Federal bonds in Circular

570 of the U.S. Department of the Treasury.

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The wording of the surety bond must be as specified in

Section 724.251.

The owner or operator who uses a surety bond to satisfy the

requirements of this Section shall also establish a standby

trust fund. Under the terms of the bond, all payments made

thereunder will be deposited by the surety directly into the

standby trust fund in accordance with instructions from the

Agency. This standby trust must meet the requirements

specified in subsection (a), except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the surety bond;

and

Unless the standby trust fund is funded pursuant to

the requirements of this Section, the following are

not required by these regulations:

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(as specified in Section 724.251) to show

current closure cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

The bond must guarantee that the owner or operator will:

Perform final closure in accordance with the closure

plan and other requirements of the permit for the

facility whenever required to do so; or

Provide alternate financial assurance as specified in

this Section, and obtain the Agency's written approval

of the assurance provided, within 90 days after

receipt by both the owner or operator and the Agency

of a notice of cancellation of the bond from the

surety.

Under the terms of the bond, the surety will become liable

on the bond obligation when the owner or operator fails to

perform as guaranteed by the bond. Following a final

judicial determination or Board order finding that the owner

or operator has failed to perform final closure in

accordance with the approved closure plan and other permit

requirements when required to do so, under the terms of the

bond the surety will perform final closure as guaranteed by

the bond or will deposit the amount of the penal sum into

the standby trust fund.

The penal sum of the bond must be in an amount at least

equal to the current closure cost estimate.

Whenever the current closure cost estimate increases to an

amount greater than the penal sum, the owner or operator,

within 60 days after the increase, shall either cause the

penal sum to be increased to an amount at least equal to the

current closure cost estimate and submit evidence of such

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increase to the Agency or obtain other financial assurance

as specified in this Section. Whenever the current closure

cost estimate decreases, the penal sum may be reduced to the

amount of the current closure cost estimate following

written approval by the Agency.

Under the terms of the bond, the surety may cancel the bond

by sending notice of cancellation by certified mail to the

owner or operator and to the Agency. Cancellation may not

occur, however, during the 120 days beginning on the date of

receipt of the notice of cancellation by both the owner or

operator and the Agency, as evidenced by the return

receipts.

The owner or operator may cancel the bond if the Agency has

given prior written consent. The Agency shall provide such

written consent when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

10)

The surety shall not be liable for deficiencies in the

performance of closure by the owner or operator after the

Agency releases the owner or operator from the requirements

of this Section in accordance with subsection (i).

Closure letter of credit.

An owner or operator may satisfy the requirements of this

Section by obtaining an irrevocable standby letter of credit

which conforms to the requirements of this subsection and

submitting the letter to the Agency. An owner or operator

of a new facility shall submit the letter of credit to the

Agency at least 60 days before the date on which hazardous

waste is first received for treatment, storage or disposal.

The letter of credit must be effective before this initial

receipt of hazardous waste. The issuing institution must be

an entity which has the authority to issue letters of credit

and whose letter-of-credit operations are regulated and

examined by a Federal or State agency.

The wording of the letter of credit must be as specified in

Section 724.251.

An owner or operator who uses a letter of credit to satisfy

the requirements of this Section shall also establish a

standby trust fund. Under the terms of the letter of

credit, all amounts paid pursuant to a draft by the Agency

will be deposited by the issuing institution directly into

the standby trust fund in accordance with instructions from

the Agency. This standby trust fund must meet the

requirements of the trust fund specified in subsection (a),

except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the letter of

credit; and

Unless the standby trust fund is funded pursuant to

the requirements of this Section, the following are

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not required by these regulations.

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(as specified in Section 724.251) to show

current closure cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

The letter or credit must be accompanied by a letter from

the owner or operator referring to the letter of credit by

number, issuing institution, and date and providing the

following information: the EPA Identification Number, name

and address of the facility, and the amount of funds assured

for closure of the facility by the letter of credit.

The letter of credit must be irrevocable and issued for a

period of at least 1 year. The letter of credit must

provide that the expiration date will be automatically

extended for a period of at least 1 year unless, at least

120 days before the current expiration date, the issuing

institution notifies both the owner or operator and the

Agency by certified mail of a decision not to extend the

expiration date. Under the terms of the letter of credit,

the 120 days will begin on the date when both the owner or

operator and the Agency have received the notice, as

evidenced by the return receipts.

The letter of credit must be issued in an amount at least

equal to the current closure cost estimate, except as

provided in subsection (g).

Whenever the current closure cost estimate increases to an

amount greater than the amount of the credit, the owner or

operator, within 60 days after the increase, shall either

cause the amount of the credit to be increased so that it at

least equals the current closure cost estimate and submit

evidence of such increase to the Agency, or obtain other

financial assurance as specified in this Section to cover

the increase. Whenever the current closure cost estimate

decreases, the amount of the credit may be reduced to the

amount of the current closure cost estimate following

written approval by the Agency.

Following a final judicial determination or Board order

finding that the owner or operator has failed to perform

final closure in accordance with the closure plan and other

permit requirements when required to do so, the Agency may

draw on the letter of credit.

If the owner or operator does not establish alternate

financial assurance as specified in this Section and obtain

written approval of such alternate assurance from the Agency

within 90 days after receipt by both the owner or operator

and the Agency of a notice from issuing institution that it

has decided not to extend the letter of credit beyond the

current expiration date, the Agency shall draw on the letter

of credit. The Agency may delay the drawing if the issuing

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institution grants an extension of the term of the credit.

During the last 30 days of any such extension the Agency

shall draw on the letter of credit if the owner or operator

has failed to provide alternate financial assurance as

specified in this Section and obtain written approval of

such assurance from the Agency.

10)

The Agency shall return the letter of credit to the issuing

institution for termination when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

Closure insurance.

An owner or operator may satisfy the requirements of this

Section by obtaining closure insurance which conforms to the

requirements of this subsection and submitting a certificate

of such insurance to the Agency. An owner or operator of a

new facility shall submit the certificate of insurance to

the Agency at least 60 days before the date on which

hazardous waste is first received for treatment, storage or

disposal. The insurance must be effective before this

initial receipt of hazardous waste. At a minimum, the

insurer must be licensed to transact the business of

insurance, or eligible to provide insurance as an excess or

surplus lines insurer, in one or more States.

The wording of the certificate of insurance must be as

specified in Section 724.251.

The closure insurance policy must be issued for a face

amount at least equal to the current closure cost estimate,

except as provided in subsection (g). The term "face

amount" means the total amount the insurer is obligated to

pay under the policy. Actual payments by the insurer will

not change the face amount, although the insurer's future

liability will be lowered by the amount of the payments.

The closure insurance policy must guarantee that funds will

be available to close the facility whenever final closure

occurs. The policy must also guarantee that, once final

closure begins, the insurer will be responsible for paying

out funds, up to an amount equal to the face amount of the

policy, upon the direction of the Agency to such party or

parties as the Agency specifies.

After beginning partial or final closure, an owner or

operator or any other person authorized to conduct closure

may request reimbursement for closure expenditures by

submitting itemized bills to the Agency. The owner or

operator may request reimbursements for partial closure only

if the remaining value of the policy is sufficient to cover

the maximum costs of closing the facility over its remaining

operating life. Within 60 days after receiving bills for

closure activities, the Agency shall instruct the insurer to

make reimbursement in such amounts as the Agency specifies

in writing if the Agency determines that the partial or

final closure expenditures are in accordance with the

approved closure plan or otherwise justified. If the Agency

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determines that the maximum cost of closure over the

remaining life of the facility will be significantly greater

than the face amount of the policy, it shall withhold

reimbursement of such amounts as it deems prudent until it

determines, in accordance with subsection (i), that the

owner or operator is no longer required to maintain

financial assurance for closure of the facility. If the

Agency does not instruct the insurer to make such

reimbursements, the Agency shall provide the owner or

operator with a detailed written statement of reasons.

The owner or operator shall maintain the policy in full

force and effect until the Agency consents to termination of

the policy by the owner or operator as specified in

subsection (e)(10). Failure to pay the premium, without

substitution of alternate financial assurance as specified

in this Section, will constitute a significant violation of

these regulations, warranting such remedy as the Board may

impose pursuant to the Environmental Protection Act. Such

violation will be deemed to begin upon receipt by the Agency

of a notice of future cancellation, termination or failure

to renew due to nonpayment of the premium, rather than upon

the date of expiration.

Each policy must contain a provision allowing assignment of

the policy to a successor owner or operator. Such

assignment may be conditional upon consent of the insurer,

provided such consent is not unreasonably refused.

The policy must provide that the insurer may not cancel,

terminate or fail to renew the policy except for failure to

pay the premium. The automatic renewal of the policy must,

at a minimum, provide the insured with the option of renewal

at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel,

terminate or fail to renew the policy by sending notice by

certified mail to the owner or operator and the Agency.

Cancellation, termination or failure to renew may not occur,

however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or

operator, as evidenced by the return receipts.

Cancellation, termination or failure to renew may not occur

and the policy will remain in full force and effect in the

event that on or before the date of expiration:

The Agency deems the facility abandoned; or

The permit is terminated or revoked or a new permit is

denied; or

Closure is ordered by the Board or a U.S. district

court or other court of competent jurisdiction; or

The owner or operator is named as debtor in a

voluntary or involuntary proceeding under 11 U.S.C.

(Bankruptcy); or

The premium due is paid.

Whenever the current closure cost estimate increases to an

amount greater than the face amount of the policy, the owner

or operator, within 60 days after the increase, shall either

cause the face amount to be increased to an amount at least

equal to the current closure cost estimate and submit

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evidence of such increase to the Agency, or obtain other

financial assurance as specified in this Section to cover

the increase. Whenever the current closure cost estimate

decreases, the face amount may be reduced to the amount of

the current closure cost estimate following written approval

by the Agency.

10)

The Agency shall give written consent to the owner or

operator that it may terminate the insurance policy when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

Financial test and corporate guarantee for closure.

An owner or operator may satisfy the requirements of this

Section by demonstrating that it passes a financial test as

specified in this subsection. To pass this test the owner

or operator shall meet the criteria of either subsection

(f)(1)(A) or (f)(1)(B):

The owner or operator shall have:

Two of the following three ratios: a ratio of

total liabilities to net worth less than 2.0; a

ratio of the sum of net income plus

depreciation, depletion and amortization to

total liabilities greater than 0.1; and a ratio

of current assets to current liabilities greater

than 1.5; and

ii)

Net working capital and tangible net worth each

at least six times the sum of the current

closure and post-closure cost estimates; and the

current plugging and abandonment cost estimates;

and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to

at least 90 percent of total assets or at least

six times the sum of the current closure and

post-closure cost estimates and the current

plugging and abandonment cost estimates.

The owner or operator shall have:

A current rating for its most recent bond

issuance of AAA, AA, A or BBB as issued by

Standard and Poor's or Aaa, Aa, A or Baa as

issued by Moody's; and

ii)

Tangible net worth at least six times the sum of

the current closure and post-closure cost

estimates and the current plugging and

abandonment cost estimates; and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to

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at least 90 percent of total assets or at least

six times the sum of the current closure and

post-closure estimates and the current plugging

and abandonment cost estimates.

The phrase "current closure and post-closure cost estimates"

as used in subsection (f)(1) refers to the cost estimates

required to be shown in subsections 1-4 of the letter from

the owner's or operator's chief financial officer (40 CFR

264.151(f)) (incorporated by reference in Section 724.251).

The phrase "current plugging and abandonment cost

estimates" as used in subsection (f)(1) refers to the cost

estimates required to be shown in subsections 1-4 of the

letter from the owner's or operator's chief financial

officer (40 CFR 144.70(f)), incorporated by reference in 35

Ill. Adm. Code 704.240).

To demonstrate that it meets this test, the owner or

operator shall submit the following items to the Agency:

A letter signed by the owner's or operator's chief

financial officer and worded as specified in Section

724.251; and

A copy of the independent certified public

accountant's report on examination of the owner's or

operator's financial statements for the latest

completed fiscal year; and

A special report from the owner's or operator's

independent certified public accountant to the owner

or operator stating that:

The accountant has compared the data which the

letter from the chief financial officer

specifies as having been derived from the

independently audited, year-end financial

statements for the latest fiscal year with the

amounts in such financial statements; and

ii)

In connection with that procedure, no matters

came to the accountant's attention which caused

the accountant to believe that the specified

data should be adjusted.

An owner or operator of a new facility shall submit the

items specified in subsection (f)(3) to the Agency at least

60 days before the date on which hazardous waste is first

received for treatment, storage or disposal.

After the initial submission of items specified in

subsection (f)(3), the owner or operator shall send updated

information to the Agency within 90 days after the close of

each succeeding fiscal year. This information must consist

of all three items specified in subsection (f)(3).

If the owner or operator no longer meets the requirements of

subsection (f)(1) the owner or operator shall send notice to

the Agency of intent to establish alternate financial

assurance as specified in this Section. The notice must be

sent by certified mail within 90 days after the end of the

fiscal year for which the year-end financial data show that

the owner or operator no longer meets the requirements. The

owner or operator shall provide the alternate financial

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assurance within 120 days after the end of such fiscal year.

The Agency may, based on a reasonable belief that the owner

or operator may no longer meet the requirements of

subsection (f)(1), require reports of financial condition at

any time from the owner or operator in addition to those

specified in subsection (f)(3). If the Agency finds, on the

basis of such reports or other information, that the owner

or operator no longer meets the requirements of subsection

(f)(1), the owner or operator shall provide alternate

financial assurance as specified in this Section within 30

days after notification of such a finding.

The Agency may disallow use of this test on the basis of

qualifications in the opinion expressed by the independent

certified public accountant in the accountant's report on

examination of the owner's or operator's financial

statements (see subsection (f)(3)(B)). An adverse opinion

or a disclaimer of opinion will be cause for disallowance.

The Agency shall evaluate other qualifications on an

individual basis. The owner or operator shall provide

alternate financial assurance as specified in this Section

within 30 days after notification of the disallowance.

The owner or operator is no longer required to submit the

items specified in subsection (f)(3) when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

10)

An owner or operator may meet the requirements of this

Section by obtaining a written guarantee, hereafter referred

to as "corporate guarantee." The guarantor must be the

direct or higher-tier parent corporation of the owner or

operator, a firm whose parent corporation is also the parent

corporation of the owner or operator, or a firm with a

"substantial business relationship" with the owner or

operator. The guarantor shall meet the requirements for

owners or operators in subsections (f)(1) through (f)(8),

shall comply with the terms of the corporate guarantee and

the wording of the corporate guarantee must be as specified

in Section 724.251. The certified copy of the corporate

guarantee must accompany the items sent to the Agency as

specified in subsection (f)(3). One of these items must be

the letter from the guarantor's chief financial officer. If

the guarantor's parent corporation is also the parent

corporation of the owner or operator, the letter must

describe the value received in consideration of the

guarantee. If the guarantor is a firm with a "substantial

business relationship" with the owner or operator, this

letter must describe this "substantial business

relationship" and the value received in consideration of the

guarantee. The terms of the corporate guarantee must

provide that:

If the owner or operator fails to perform final

closure of a facility covered by the corporate

guarantee in accordance with the closure plan and

other permit requirements whenever required to do so,

the guarantor will do so or establish a trust fund as

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specified in subsection (a) in the name of the owner

or operator.

The corporate guarantee will remain in force unless

the guarantor sends notice of cancellation by

certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during

the 120 days beginning on the date of receipt of the

notice of cancellation by both the owner or operator

and the Agency, as evidenced by the return receipts.

If the owner or operator fails to provide alternate

financial assurance as specified in this Section and

obtain the written approval of such alternate

assurance from the Agency within 90 days after receipt

by both the owner or operator and the Agency of a

notice of cancellation of the corporate guarantee from

the guarantor, the guarantor will provide such

alternative financial assurance in the name of the

owner or operator.

Use of multiple financial mechanisms. An owner or operator may

satisfy the requirements of this by establishing more than one

financial mechanism per facility. These mechanisms are limited to

trust funds, surety bonds guaranteeing payment into a trust fund,

letters of credit and insurance. The mechanisms must be as

specified in subsections (a), (b), (d) and (e), respectively,

except that it is the combination of mechanisms, rather than the

single mechanism, which must provide financial assurance for an

amount at least equal to the current closure cost estimate. If an

owner or operator uses a trust fund in combination with a surety

bond or a letter of credit, it may use the trust fund as the

standby trust fund for the other mechanisms. A single standby

trust fund may be established for two or more mechanisms. The

Agency may use any or all of the mechanisms to provide for closure

of the facility.

Use of a financial mechanism for multiple facilities. An owner or

operator may use a financial assurance mechanism specified in this

Section to meet the requirements of this Section for more than one

facility. Evidence of financial assurance submitted to the Agency

must include a list showing, for each facility, the EPA

Identification Number, name, address and the amount of funds for

closure assured by the mechanism. The amount of funds available

through the mechanism must be no less than the sum of funds that

would be available if a separate mechanism had been established

and maintained for each facility. The amount of funds available

to the Agency must be sufficient to close all of the owner or

operator's facilities. In directing funds available through the

mechanism for closure of any of the facilities covered by the

mechanism, the Agency may direct only the amount of funds

designated for that facility, unless the owner or operator agrees

to the use of additional funds available under the mechanism.

Release of the owner or operator from the requirements of this

Section. Within 60 days after receiving certifications from the

owner or operator and an independent registered professional

engineer that final approved closure has been accomplished in

accordance with the closure plan, the Agency shall notify the

owner or operator in writing that it is no longer required by this

Section to maintain financial assurance for closure of the

facility, unless the Agency determines that closure has not been

in accordance with the approved closure plan. The Agency shall

provide the owner or operator a detailed written statement of any

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such determination that closure has not been in accordance with

the approved closure plan.

Appeal. The following Agency actions are deemed to be permit

modifications or refusals to modify for purposes of appeal to the

Board (35 Ill. Adm. Code 702.184(e)(3)):

An increase in, or a refusal to decrease the amount of, a

bond, letter of credit or insurance;

Requiring alternate assurance upon a finding that an owner

or operator, or parent corporation, no longer meets a

financial test.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.245

Financial Assurance For Post-closure Care

An owner or operator of a hazardous waste management unit subject to the

requirements of Section 724.244 shall establish financial assurance for

post-closure care in accordance with the approved post-closure plan for the

facility 60 days prior to the initial receipt of hazardous waste or the

effective date of the regulation, whichever is later. The owner or operator

shall choose from the following options:

Post-closure trust fund.

An owner or operator may satisfy the requirements of this

Section by establishing a post-closure trust fund which

conforms to the requirements of this subsection and

submitting an original, signed duplicate of the trust

agreement to the Agency. An owner or operator of a new

facility shall submit the original, signed duplicate of the

trust agreement to the Agency at least 60 days before the

date on which hazardous waste is first received for

disposal. The trustee must be an entity which has the

authority to act as a trustee and whose trust operations are

regulated and examined by a Federal or State agency.

The wording of the trust agreement must be as specified in

Section 724.251 and the trust agreement accompanied by a

formal certification of acknowledgment (as specified in

Section 724.251). Schedule A of the trust agreement must be

updated within 60 days after a change in the amount of the

current post-closure cost estimate covered by the agreement.

Payments into the trust fund must be made annually by the

owner or operator over the term of the initial RCRA permit

or over the remaining operating life of the facility as

estimated in the closure plan, whichever period is shorter;

this period is hereafter referred to as the "pay-in period."

The payments into the post-closure trust fund must be made

as follows:

For a new facility, the first payment must be made

before the initial receipt of hazardous waste for

disposal. A receipt from the trustee for this payment

must be submitted by the owner or operator to the

Agency before this initial receipt of hazardous waste.

The first payment must be at least equal to the

current post-closure cost estimate, except as provided

in subsection (g), divided by the number of years in

the pay-in period. Subsequent payments must be made no

later than 30 days after each anniversary date of the

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first payment. The amount of each subsequent payment

must be determined by this formula:

Next payment = (CE - CV) / Y

where CE is the current post-closure cost estimate, CV

is the current value of the trust fund and Y is the

number of years remaining in the pay-in period.

If an owner or operator establishes a trust fund as

specified in 35 Ill. Adm. Code 725.245(a) and the

value of that trust fund is less than the current

post-closure cost estimate when a permit is awarded

for the facility, the amount of the current

post-closure cost estimate still to be paid into the

trust fund must be paid in over the pay-in period as

defined in subsection (a)(3). Payments must continue

to be made no later than 30 days after each

anniversary date of the first payment made pursuant to

35 Ill. Adm. Code 725. The amount of each payment

must be determined by this formula:

Next payment = (CE - CV) / Y

where CE is the current post-closure cost estimate, CV

is the current value of the trust fund and Y is the

number of years remaining in the pay-in period.

The owner or operator may accelerate payments into the trust

fund or owner or operator shall maintain the value of the

fund at no less than the value that the fund would have if

annual payments were made as specified in subsection (a)(3).

If the owner or operator establishes a post-closure trust

fund after having used one or more alternate mechanisms

specified in this Section or in 35 Ill. Adm. Code 725.245,

its first payment must be in at least the amount that the

fund would contain if the trust fund were established

initially and annual payments made according to

specifications of this subsection and 35 Ill. Adm. Code

725.245, as applicable.

After the pay-in period is completed, whenever the current

post-closure cost estimate changes during the operating life

of the facility, the owner or operator shall compare the new

estimate with the trustee's most recent annual valuation of

the trust fund. If the value of the fund is less than the

amount of the new estimate, the owner or operator, within 60

days after the change in the cost estimate, shall either

deposit an amount into the fund so that its value after this

deposit at least equals the amount of the current

post-closure cost estimate, or obtain other financial

assurance as specified in this Section to cover the

difference.

During the operating life of the facility, if the value of

the trust fund is greater than the total amount of the

current post-closure cost estimate, the owner or operator

may submit a written request to the Agency for release of

the amount in excess of the current post-closure cost

estimate.

If an owner or operator substitutes other financial

assurance as specified in this Section for all or part of

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the trust fund, it may submit a written request to the

Agency for release of the amount in excess of the current

post-closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or

operator for release of funds as specified in subsections

(a)(7) or (8), the Agency shall instruct the trustee to

release to the owner or operator such funds as the Agency

specifies in writing.

10)

During the period of post-closure care, the Agency shall

approve a release of funds if the owner or operator

demonstrates to the Agency that the value of the trust fund

exceeds the remaining cost of post-closure care.

11)

An owner or operator or any other person authorized to

perform post-closure care may request reimbursement for

post-closure care expenditures by submitting itemized bills

to the Agency. Within 60 days after receiving bills for

post-closure activities, the Agency shall instruct the

trustee to make requirements in those amounts as the Agency

specifies in writing if the Agency determines that the

post-closure care expenditures are in accordance with the

approved post-closure plan or otherwise justified. If the

Agency does not instruct the trustee to make such

reimbursements, the Agency shall provide the owner or

operator with a detailed written statement of reasons.

12)

The Agency shall agree to termination of the trust when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

Surety bond guaranteeing payment into a post-closure trust fund.

An owner or operator may satisfy the requirements of this

Section by obtaining a surety bond which conforms to the

requirements of this subsection and submitting the bond to

the Agency. An owner or operator of a new facility shall

submit the bond to the Agency at least 60 days before the

date on which hazardous waste is first received for

disposal. The bond must be effective before this initial

receipt of hazardous waste. The surety company issuing the

bond must, at a minimum, be among those listed as acceptable

sureties on Federal bonds in Circular 570 of the U.S.

Department of the Treasury.

The wording of the surety bond must be as specified in

Section 724.251.

The owner or operator who uses a surety bond to satisfy the

requirements of this Section shall also establish a standby

trust fund. Under the terms of the bond, all payments made

thereunder will be deposited by the surety directly into the

standby trust fund in accordance with instructions from the

Agency. This standby trust fund must meet the requirements

specified in subsection (a), except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the surety bond;

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and

Until the standby trust fund is funded pursuant to the

requirements of this Section, the following are not

required by these regulations:

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(as specified in Section 724.251) to show

current post-closure cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

The bond must guarantee that the owner or operator will:

Fund the standby trust fund in an amount equal to the

penal sum of the bond before the beginning of final

closure of the facility; or

Fund the standby trust fund in an amount equal to the

penal sum within 15 days after an order to begin

closure is issued by the Board or a U.S. district

court or other court of competent jurisdiction; or

Provide alternate financial assurance as specified in

this Section, and obtain the Agency's written approval

of the assurance provided, within 90 days after

receipt by both the owner or operator and the Agency

of a notice of cancellation of the bond from the

surety.

Under the terms of the bond, the surety will become liable

on the bond obligation when the owner or operator fails to

perform as guaranteed by the bond.

The penal sum of the bond must be in an amount at least

equal to the current post-closure cost estimate, except as

provided in subsection (g).

Whenever the current post-closure cost estimate increases to

an amount greater than the penal sum, the owner or operator,

within 60 days after the increase, shall either cause the

penal sum to be increased to an amount at least equal to the

current post-closure cost estimate and submit evidence of

such increase to the Agency or obtain other financial

assurance as specified in this Section to cover the

increase. Whenever the current post-closure cost estimate

decreases, the penal sum may be reduced to the amount of the

current post-closure cost estimate following written

approval by the Agency.

Under the terms of the bond, the surety may cancel the bond

by sending notice of cancellation by certified mail to the

owner or operator and to the Agency. Cancellation may not

occur, however, during the 120 days beginning on the date of

receipt of the notice of cancellation by both the owner or

operator and the Agency, as evidence by the return receipts.

126

The owner or operator may cancel the bond if the Agency has

given prior written consent based on its receipt of evidence

of alternate financial assurance as specified in this

Section.

Surety bond guaranteeing performance of post-closure care.

An owner or operator may satisfy the requirements of this

Section by obtaining a surety bond which conforms to the

requirements of this subsection and submitting the bond to

the Agency. An owner or operator of a new facility shall

submit the bond to the Agency at least 60 days before the

date on which hazardous waste is first received for

disposal. The bond must be effective before this initial

receipt of hazardous waste. The surety company issuing the

bond must, at a minimum, be among those listed as acceptable

sureties on Federal bonds in Circular 570 of the U.S.

Department of the Treasury.

The wording of the surety bond must be as specified in

Section 724.251.

The owner or operator who uses a surety bond to satisfy the

requirements of this Section shall also establish a standby

trust fund. Under the terms of the bond, all payments made

thereunder will be deposited by the surety directly into the

standby trust fund in accordance with instructions from the

Agency. This standby trust must meet the requirements

specified in subsection (a), except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the surety bond;

and

Unless the standby trust fund is funded pursuant to

the requirements of this Section, the following are

not required by these regulations:

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(as specified in Section 724.251) to show

current post-closure cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

The bond must guarantee that the owner or operator will:

Perform final post-closure care in accordance with the

post-closure plan and other requirements of the permit

for the facility; or

Provide alternate financial assurance as specified in

this Section, and obtain the Agency's written approval

of the assurance provided, within 90 days of receipt

by both the owner or operator and the Agency of a

notice of cancellation of the bond from the surety.

Under the terms of the bond, the surety will become liable

127

on the bond obligation when the owner or operator fails to

perform as guaranteed by the bond. Following a final

judicial determination or Board order finding that the owner

or operator has failed to perform post-closure care in

accordance with the approved post-closure plan and other

permit requirements, under the terms of the bond the surety

will perform post-closure care in accordance with

post-closure plan and other permit requirements or will

deposit the amount of the penal sum into the standby trust

fund.

The penal sum of the bond must be in an amount at least

equal to the current post-closure cost estimate.

Whenever the current post-closure cost estimate increases to

an amount greater than the penal sum during the operating

life of the facility, the owner or operator, within 60 days

after the increase, shall either cause the penal sum to be

increased to an amount at least equal to the current

post-closure cost estimate and submit evidence of such

increase to the Agency, or obtain other financial assurance

as specified in this Section. Whenever the current closure

cost estimate decreases during the operating life of the

facility, the penal sum may be reduced to the amount of the

current post-closure cost estimate following written

approval by the Agency.

During the period of post-closure care, the Agency shall

approve a decrease in the penal sum if the owner or operator

demonstrates to the Agency that the amount exceeds the

remaining cost of post-closure care.

Under the terms of the bond, the surety may cancel the bond

by sending notice of cancellation by certified mail to the

owner or operator and to the Agency. Cancellation may not

occur, however, during the 120 days beginning on the date of

receipt of the notice of cancellation by both the owner or

operator and the Agency, as evidenced by the return

receipts.

10)

The owner or operator may cancel the bond if the Agency has

given prior written consent. The Agency shall provide such

written consent when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

11)

The surety will not be liable for deficiencies in the

performance of post-closure care by the owner or operator

after the Agency releases the owner or operator from the

requirements of this Section in accordance with subsection

(i).

Post-closure letter of credit.

An owner or operator may satisfy the requirements of this

Section by obtaining an irrevocable standby letter of credit

which conforms to the requirements of this subsection and

submitting the letter to the Agency. An owner or operator

of a new facility shall submit the letter of credit to the

128

Agency at least 60 days before the date on which hazardous

waste is first received for disposal. The letter of credit

must be effective before this initial receipt of hazardous

waste. The issuing institution must be an entity which has

the authority to issue letters of credit and whose

letter-of-credit operations are regulated and examined by a

Federal or State agency.

The wording of the letter of credit must be as specified in

Section 724.251.

An owner or operator who uses a letter of credit to satisfy

the requirements of this Section shall also establish a

standby trust fund. Under the terms of the letter of

credit, all amounts paid pursuant to a draft by the Agency

will be deposited by the issuing institution directly into

the standby trust fund in accordance with instructions from

the Agency. This standby trust fund must meet the

requirements of the trust fund specified in subsection (a),

except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the letter of

credit; and

Unless the standby trust fund is funded pursuant to

the requirements of this Section, the following are

not required by these regulations:

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(as specified in Section 724.251) to show

current post-closure cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

The letter or credit must be accompanied by a letter from

the owner or operator referring to the letter of credit by

number, issuing institution, and date and providing the

following information: the EPA Identification Number, name

and address of the facility, and the amount of funds assured

for post-closure care of the facility by the letter of

credit.

The letter of credit must be irrevocable and issued for a

period of at least 1 year. The letter of credit must

provide that the expiration date will be automatically

extended for a period of at least 1 year unless, at least

120 days before the current expiration date, the issuing

institution notifies both the owner or operator and the

Agency by certified mail of a decision not to extend the

expiration date. Under the terms of the letter of credit,

the 120 days will begin on the date when both the owner or

operator and the Agency have received the notice, as

evidenced by the return receipts.

The letter of credit must be issued in an amount at least

equal to the current post-closure cost estimate, except as

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provided in subsection (g).

Whenever the current post-closure cost estimate increases to

an amount greater than the amount of the credit during the

operating life of the facility, the owner or operator,

within 60 days after the increase, shall either cause the

amount of the credit to be increased so that it at least

equals the current post-closure cost estimate and submit

evidence of such increase to the Agency, or obtain other

financial assurance as specified in this Section to cover

the increase. Whenever the current post-closure cost

estimate decreases during the operating life of the

facility, the amount of the credit may be reduced to the

amount of the current post-closure cost estimate following

written approval by the Agency.

During the period of post-closure care, the Agency shall

approve a decrease in the amount of the letter of credit if

the owner or operator demonstrates to the Agency that the

amount exceeds the remaining cost of post-closure care.

Following a final judicial determination or Board order

finding that the owner or operator has failed to perform

post-closure care in accordance with the approved

post-closure plan and other permit requirements, the Agency

may draw on the letter of credit.

10)

If the owner or operator does not establish alternate

financial assurance as specified in this Section and obtain

written approval of such alternate assurance from the Agency

within 90 days after receipt by both the owner or operator

and the Agency of a notice from the issuing institution that

it has decided not to extend the letter of credit beyond the

current expiration date, the Agency shall draw on the letter

of credit. The Agency may delay the drawing if the issuing

institution grants an extension of the term of the credit.

During the last 30 days of any such extension the Agency

shall draw on the letter of credit if the owner or operator

has failed to provide alternate financial assurance as

specified in this Section and obtain written approval of

such assurance from the Agency.

11)

The Agency shall return the letter of credit to the issuing

institution for termination when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

Post-closure insurance.

An owner or operator may satisfy the requirements of this

Section by obtaining post-closure insurance which conforms

to the requirements of this subsection and submitting a

certificate of such insurance to the Agency. An owner or

operator of a new facility shall submit the certificate of

insurance to the Agency at least 60 days before the date on

which hazardous waste is first received for disposal. The

insurance must be effective before this initial receipt of

hazardous waste. At a minimum, the insurer shall be

licensed to transact the business of insurance, or eligible

130

to provide insurance as an excess or surplus lines insurer,

in one or more states.

The wording of the certificate of insurance must be as

specified in Section 724.251.

The post-closure insurance policy must be issued for a face

amount at least equal to the current post-closure cost

estimate, except as provided in subsection (g). The term

"face amount" means the total amount the insurer is

obligated to pay under the policy. Actual payments by the

insurer will not change the face amount, although the

insurer's future liability will be lowered by the amount of

the payments.

The post-closure insurance policy must guarantee that funds

will be available to provide post-closure care of facility

whenever the post-closure period begins. The policy must

also guarantee that, once post-closure care begins, the

insurer will be responsible for paying out funds, up to an

amount equal to the face amount of the policy, upon the

direction of the Agency to such party or parties as the

Agency specifies.

An owner or operator or any other person authorized to

perform post-closure care may request reimbursement for

post-closure care expenditures by submitting itemized bills

to the Agency. Within 60 days after receiving bills for

post-closure activities, the Agency shall instruct the

insurer to make reimbursement in such amounts as the Agency

specifies in writing if the Agency determines that the

post-closure care expenditures are in accordance with the

approved post-closure plan or otherwise justified. If the

Agency does not instruct the insurer to make such

reimbursements, the Agency shall provide the owner or

operator with a detailed written statement of reasons.

The owner or operator shall maintain the policy in full

force and effect until the Agency consents to termination of

the policy by the owner or operator as specified in

subsection (e)(11). Failure to pay the premium, without

substitution of alternate financial assurance as specified

in this Section, will constitute a significant violation of

these regulations, warranting such remedy as the Board may

impose pursuant to the Environmental Protection Act. Such

violation will be deemed to begin upon receipt by the Agency

of a notice of future cancellation, termination or failure

to renew due to nonpayment of the premium, rather than upon

the date of expiration.

Each policy must contain a provision allowing assignment of

the policy to a successor owner or operator. Such

assignment may be conditional upon consent of the insurer,

provided such consent is not unreasonably refused.

The policy must provide that the insurer may not cancel,

terminate or fail to renew the policy except for failure to

pay the premium. The automatic renewal of the policy must,

at a minimum, provide the insured with the option of renewal

at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel,

terminate or fail to renew the policy by sending notice by

certified mail to the owner or operator and the Agency.

Cancellation, termination or failure to renew may not occur,

131

however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or

operator, as evidenced by the return receipts.

Cancellation, termination or failure to renew may not occur

and the policy will remain in full force and effect in the

event that on or before the date of expiration:

The Agency deems the facility abandoned; or

The permit is terminated or revoked or a new permit is

denied; or

Closure is ordered by the Board or a U.S. district

court or other court of competent jurisdiction; or

The owner or operator is named as debtor in a

voluntary or involuntary proceeding under 11 U.S.C.

(Bankruptcy); or

The premium due is paid.

Whenever the current post-closure cost estimate increases to

an amount greater than the face amount of the policy during

the life of the facility, the owner or operator, within 60

days after the increase, shall either cause the face amount

to be increased to an amount at least equal to the current

post-closure cost estimate and submit evidence of such

increase to the Agency, or obtain other financial assurance

as specified in this Section to cover the increase.

Whenever the current post-closure cost estimate decreases

during the operating life of the facility, the face amount

may be reduced to the amount of the current post-closure

cost estimate following written approval by the Agency.

10)

Commencing on the date that liability to make payments

pursuant to the policy accrues, the insurer shall thereafter

annually increase the face amount of the policy. Such

increase must be equivalent to the face amount of the

policy, less any payments made, multiplied by an amount

equivalent to 85 percent of the most recent investment rate

or of the equivalent coupon-issue yield announced by the

U.S. Treasury for 26-week Treasury securities.

11)

The Agency shall give written consent to the owner or

operator that the owner or operator may terminate the

insurance policy when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

Financial test and corporate guarantee for post-closure care.

An owner or operator may satisfy the requirements of this

Section by demonstrating that it passes a financial test as

specified in this subsection. To pass this test the owner

or operator shall meet the criteria of either subsection

(f)(1)(A) or (f)(1)(B):

The owner or operator shall have:

132

Two of the following three ratios: a ratio of

total liabilities to net worth less than 2.0; a

ratio of the sum of net income plus

depreciation, depletion and amortization to

total liabilities greater than 0.1; and a ratio

of current assets to current liabilities greater

than 1.5; and

ii)

Net working capital and tangible net worth each

at least six times the sum of the current

closure and post-closure cost estimates and the

current plugging and abandonment cost estimates;

and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets in the United States amounting to at

least 90 percent of its total assets or at least

six times the sum of the current closure and

post-closure cost estimates and the current

plugging and abandonment cost estimates.

The owner or operator shall have:

A current rating for its most recent bond

issuance of AAA, AA, A or BBB as issued by

Standard and Poor's or Aaa, Aa, A or Baa as

issued by Moody's; and

ii)

Tangible net worth at least six times the sum of

the current closure and post-closure cost

estimates and current plugging and abandonment

cost estimates; and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to

at least 90 percent of its total assets or at

least six times the sum of the current closure

and post-closure cost estimates and the current

plugging and abandonment cost estimates.

The phrase "current closure and post-closure cost estimates"

as used in subsection (f)(1) refers to the cost estimates

required to be shown in subsections 1-4 of the letter from

the owner's or operator's chief financial officer (40 CFR

264.151(f)) (incorporated by reference in Section 724.251).

The phrase "current plugging and abandonment cost

estimates" as used in subsection (f)(1) refers to the cost

estimates required to be shown in subsections 1-4 of the

letter from the owner's or operator's chief financial

officer (40 CFR 144.70(f), incorporated by reference in 35

Ill. Adm. Code 704.240.

To demonstrate that it meets this test, the owner or

operator shall submit the following items to the Agency:

A letter signed by the owner's or operator's chief

financial officer and worded as specified in Section

724.251; and

A copy of the independent certified public

accountant's report on examination of the owner's or

operator's financial statements for the latest

133

completed fiscal year; and

A special report from the owner's or operator's

independent certified public accountant to the owner

or operator stating that:

The accountant has compared the data which the

letter from the chief financial officer

specifies as having been derived from the

independently audited, year-end financial

statements for the latest fiscal year with the

amounts in such financial statements; and

ii)

In connection with that procedure, no matters

came to the accountant's attention which caused

the accountant to believe that the specified

data should be adjusted.

An owner or operator of a new facility shall submit the

items specified in subsection (f)(3) to the Agency at least

60 days before the date on which hazardous waste is first

received for disposal.

After the initial submission of items specified in

subsection (f)(3), the owner or operator shall send updated

information to the Agency within 90 days after the close of

each succeeding fiscal year. This information must consist

of all three items specified in subsection (f)(3).

If the owner or operator no longer meets the requirements of

subsection (f)(1), the owner or operator shall send notice

to the Agency of intent to establish alternate financial

assurance as specified in this Section. The notice must be

sent by certified mail within 90 days after the end of the

fiscal year for which the year-end financial data show that

the. owner or operator no longer meets the requirements the

owner or operator shall provide the alternate financial

assurance within 120 days after the end of such fiscal year.

The Agency may, based on a reasonable belief that the owner

or operator may no longer meet the requirements of

subsection (f)(1), require reports of financial condition at

any time from the owner or operator in addition to those

specified in subsection (f)(3). If the Agency finds, on the

basis of such reports or other information, that the owner

or operator no longer meets the requirements of subsection

(f)(1), the owner or operator shall provide alternate

financial assurance as specified in this Section within 30

days after notification of such a finding.

The Agency may disallow use of this test on the basis of

qualifications in the opinion expressed by the independent

certified public accountant in the accountant's report on

examination of the owner's or operator's financial

statements (see subsection (f)(3)(B)). An adverse opinion

or a disclaimer of opinion will be cause for disallowance.

The Agency shall evaluate other qualifications on an

individual basis. The owner or operator shall provide

alternate financial assurance as specified in this Section

within 30 days after notification of the disallowance.

During the period of post-closure care, the Agency shall

approve a decrease in the current post-closure cost estimate

for which this test demonstrates financial assurance if the

134

owner or operator demonstrates to the Agency that the amount

of the cost estimate exceeds the remaining cost of

post-closure care.

10)

The owner or operator is no longer required to submit the

items specified in subsection (f)(3) when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (i).

11)

An owner or operator may meet the requirements of this

Section by obtaining a written guarantee, hereafter referred

to as "corporate guarantee." The guarantor shall be the

direct or higher-tier parent corporation of the owner or

operator, a firm whose parent corporation is also the parent

corporation of the owner or operator, or a firm with a

"substantial business relationship" with the owner or

operator. The guarantor shall meet the requirements for

owners or operators in subsections (f)(1) through (f)(9),

and shall comply with the terms of the corporate guarantee.

The wording of the corporate guarantee must be as specified

in Section 724.251. TheA certified copy of the corporate

guarantee must accompany the items sent to the Agency as

specified in subsection (f)(3). One of these items must be

the letter from the guarantor's chief financial officer. If

the guarantor's parent corporation is also the parent

corporation of the owner or operator, the letter must

describe the value received in consideration of the

guarantee. If the guarantor is a firm with a "substantial

business relationship" with the owner or operator, this

letter must describe this "substantial business

relationship" and the value received in consideration of the

guarantee. The terms of the corporate guarantee must

provide that:

If the owner or operator fails to perform post-closure

care of a facility covered by the corporate guarantee

in accordance with the post-closure plan and other

permit requirements whenever required to do so, the

guarantor will do so or establish a trust fund as

specified in subsection (a) in the name of the owner

or operator.

The corporate guarantee will remain in force unless

the guarantor sends notice of cancellation by

certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during

the 120 days beginning on the date of receipt of the

notice of cancellation by both the owner or operator

and the Agency, as evidenced by the return receipts.

If the owner or operator fails to provide alternate

financial assurance as specified in this Section and

obtain the written approval of such alternate

assurance from the Agency within 90 days after receipt

by both the owner or operator and the Agency of a

notice of cancellation of the corporate guarantee from

the guarantor, the guarantor will provide such

alternate financial assurance in the name of the owner

or operator.

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Use of multiple financial mechanisms. An owner or operator may

satisfy the requirements of this Section by establishing more than

one financial mechanism per facility. These mechanisms are

limited to trust funds, surety bonds guaranteeing payment into a

trust fund, letters of credit and insurance. The mechanisms must

be as specified in subsections (a), (b), (d) and (e),

respectively, except that it is the combination of mechanisms,

rather than the single mechanism, which must provide financial

assurance for an amount at least equal to the current post-closure

cost estimate. If an owner or operator uses a trust fund in

combination with a surety bond or a letter of credit, it may use

the trust fund as the standby trust fund for the other mechanisms.

A single standby trust fund may be established for two or more

mechanisms. The Agency may use any or all of the mechanisms to

provide for post-closure care of the facility.

Use of a financial mechanism for multiple facilities. An owner or

operator may use a financial assurance mechanism specified in this

Section to meet the requirements of this Section for more than one

facility. Evidence of financial assurance submitted to the Agency

must include a list showing, for each facility, the EPA

Identification Number, name, address and the amount of funds for

post-closure care assured by the mechanism. The amount of funds

available through the mechanism must be no less than the sum of

funds that would be available if a separate mechanism had been

established and maintained for each facility. The amount of funds

available to the Agency must be sufficient to close all of the

owner or operator's facilities. In directing funds available

through the mechanism for post-closure care of any of the

facilities covered by the mechanism, the Agency may direct only

the amount of funds designated for that facility, unless the owner

or operator agrees to the use of additional funds available under

the mechanism.

Release of the owner or operator from the requirements of this

Section. Within 60 days after receiving certifications from the

owner or operator and an independent registered professional

engineer that the post-closure care period has been completed for

a hazardous waste disposal unit in accordance with the approved

plan, the Agency shall notify the owner or operator that it is no

longer required to maintain financial assurance for post-closure

care of that unit unless the Agency determines that post-closure

care has not been in accordance with the approved post-closure

plan. The Agency shall provide the owner or operator with a

detailed written statement of any such determination that

post-closure care has not been in accordance with the approved

post-closure plan.

Appeal. The following Agency actions are deemed to be permit

modifications or refusals to modify for purposes of appeal to the

Board (35 Ill. Adm. Code 702.184(e)(3)):

An increase in, or a refusal to decrease the amount of, a

bond, letter of credit or insurance;

Requiring alternate assurance upon a finding that an owner

or operator, or parent corporation, no longer meets a

financial test.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.247

Liability Requirements

136

Coverage for sudden accidental occurrences. An owner or operator

of a hazardous waste treatment, storage or disposal facility, or a

group of such facilities, shall demonstrate financial

responsibility for bodily injury and property damage to third

parties caused by sudden accidental occurrences arising from

operations of the facility or group of facilities. The owner or

operator shall have and maintain liability coverage for sudden

accidental occurrences in the amount of at least $1 million per

occurrence with an annual aggregate of at least $2 million,

exclusive of legal defense costs. This liability coverage may be

demonstrated as specified in subsections (a)(1), (2), (3), (4),

(5) or (6) below:

An owner or operator may demonstrate the required liability

coverage by having liability insurance as specified in this

subsection.

Each insurance policy must be amended by attachment of

the Hazardous Waste Facility Liability Endorsement or

evidenced by a Certificate of Liability Insurance.

The wording of the endorsement must be as specified in

Section 724.251. The wording of the certificate of

insurance must be as specified in Section 724.251.

The owner or operator shall submit a signed duplicate

original of the endorsement or the certificate of

insurance to the Agency. If requested by the Agency,

the owner or operator shall provide a signed duplicate

original of the insurance policy. An owner or

operator of a new facility shall submit the signed

duplicate original of the Hazardous Waste Facility

Liability Endorsement or the Certificate of Liability

Insurance to the Agency at least 60 days before the

date on which hazardous waste is first received for

treatment, storage or disposal. The insurance must be

effective before this initial receipt of hazardous

waste.

Each insurance policy must be issued by an insurer

which is licensed by the Illinois Department of

Insurance.

An owner or operator may meet the requirements of this

Section by passing a financial test or using the guarantee

for liability coverage as specified in subsections (f) and

(g) below.

An owner or operator may meet the requirements of this

Section by obtaining a letter of credit for liability

coverage as specified in subsection (h) below.

An owner or operator may meet the requirements of this

Section by obtaining a surety bond for liability coverage as

specified in subsection (i) below.

An owner or operator may meet the requirements of this

Section by obtaining a trust fund for liability coverage as

specified in subsection (j) below.

An owner or operator may demonstrate the required liability

coverage through the use of combinations of insurance,

financial test, guarantee, letter of credit, surety bond and

trust fund, except that the owner or operator may not

combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial

137

statement of the owner or operator is not consolidated with

the financial statement of the guarantor. The amounts of

coverage demonstrated must total at least the minimum

amounts required by this Section. If the owner or operator

demonstrates the required coverage through the use of a

combination of financial assurances under this subsection,

the owner or operator shall specify at least one such

assurance as "primary" coverage, and shall specify other

such assurance as "excess" coverage.

An owner or operator shall notify the Agency within 30 days

whenever:

A) Whenever a claim for bodily injury or property damage

caused by the operation of a hazardous waste

treatment, storage or disposal facility is made

against the owner or operator or an instrument

providing financial assurance for liability coverage

under this Section; or

B) Whenever the amount of financial assurance for

liability coverage under this Section provided by a

financial instrument authorized by subsections (a)(1)

through (a)(6) above is reduced.

A claim results in a reduction in the amount of

financial assurance for liability coverage provided by

a financial instrument authorized in subsections

(a)(1) through (a)(6) above.

A Certification of Valid Claim for bodily injury or

property damages caused by sudden or non-sudden

accidental occurrence arising from the operation of a

hazardous waste treatment, storage, or disposal

facility is entered between the owner or operator and

third-party claimant for liability coverage under

subsections (a)(1) through (a)(6) above; or

A final court order establishing a judgement for

bodily injury or property damage caused by a sudden or

non-sudden accidental occurrence arising from the

operation of a hazardous waste treatment, storage, or

disposal facility is issued against the owner or

operator or an instrument that is providing financial

assurance for liability coverage under subsections

(a)(1) through (a)(6) above.

Coverage for nonsudden accidental occurrences. An owner or

operator of a surface impoundment, landfill, land treatment

facility or disposal miscellaneous unit which is used to manage

hazardous waste, or a group of such facilities, shall demonstrate

financial responsibility for bodily injury and property damage to

third parties caused by nonsudden accidental occurrences arising

from operations of the facility or group of facilities. The owner

or operator shall have and maintain liability coverage for

nonsudden accidental occurrences in the amount of at least $3

million per occurrence with an annual aggregate of at least $6

million, exclusive of legal defense costs. An owner or operator

meeting the requirements of this Section may combine the required

per-occurrence coverage levels for sudden and nonsudden accidental

occurrences into a single per-occurrence level, and combine the

required annual aggregate coverage levels for sudden and nonsudden

accidental occurrences into a single annual aggregate level.

Owners or operators who combine coverage levels for sudden and

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nonsudden accidental occurrences shall maintain liability coverage

in the amount of at least $4 million per occurrence and $8 million

annual aggregate. This liability coverage may be demonstrated as

specified in subsections (b)(1), (2), (3), (4), (5) or (6) below:

An owner or operator may demonstrate the required liability

coverage by having liability insurance as specified in this

subsection.

Each insurance policy must be amended by attachment of

the Hazardous Waste Facility Liability Endorsement or

evidenced by a Certificate of Liability Insurance.

The wording of the endorsement must be as specified in

Section 724.251. The wording of the certificate of

insurance must be as specified in Section 724.251.

The owner or operator shall submit a signed duplicate

original of the endorsement or the certificate of

insurance to the Agency. If requested by the Agency,

the owner or operator shall provide a signed duplicate

original of the insurance policy. An owner or

operator of a new facility shall submit the signed

duplicate original of the Hazardous Waste Facility

Liability Endorsement or the Certificate of Liability

Insurance to the Agency at least 60 days before the

date on which hazardous waste is first received for

treatment, storage or disposal. The insurance must be

effective before this initial receipt of hazardous

waste.

Each insurance policy must be issued by an insurer

which is licensed by the Illinois Department of

Insurance.

An owner or operator may meet the requirements of this

Section by passing a financial test or using the guarantee

for liability coverage as specified in subsections (f) and

(g) below.

An owner or operator may meet the requirements of this

Section by obtaining a letter of credit for liability

coverage as specified in subsection (h) below.

An owner or operator may meet the requirements of this

Section by obtaining a surety bond for liability coverage as

specified in subsection (i) below.

An owner or operator may meet the requirements of this

Section by obtaining a trust fund for liability coverage as

specified in subsection (j) below.

An owner or operator may demonstrate the required liability

coverage through the use of combinations of insurance,

financial test, guarantee, letter of credit, surety bond and

trust fund, except that the owner or operator may not

combine a financial test covering part of the liability

coverage requirement with a guarantee unless the financial

statement of the owner or operator is not consolidated with

the financial statement of the guarantor. The amounts of

coverage demonstrated must total at least the minimum

amounts required by this Section. If the owner or operator

demonstrates the required coverage through the use of a

combination of financial assurances under this subsection,

the owner or operator shall specify at least one such

assurance as "primary" coverage, and shall specify other

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such assurance as "excess" coverage.

An owner or operator shall notify the Agency within 30 days

whenever:

A) Whenever a claim for bodily injury or property damage

caused by the operation of a hazardous waste

treatment, storage or disposal facility is made

against the owner or operator or an instrument

providing financial assurance for liability coverage

under this Section; or

B) Whenever the amount of financial assurance for

liability coverage under this Section provided by a

financial instrument authorized by subsections (a)(1)

through (a)(6) above is reduced.

A claim results in a reduction in the amount of

financial assurance for liability coverage provided by

a financial instrument authorized in subsections

(b)(1) through (b)(6) above.

A Certification of Valid Claim for bodily injury or

property damages caused by sudden or non-sudden

accidental occurrence arising from the operation of a

hazardous waste treatment, storage, or disposal

facility is entered between the owner or operator and

third-party claimant for liability coverage under

subsections (b)(1) through (b)(6) above; or

A final court order establishing a judgement for

bodily injury or property damage caused by a sudden or

non-sudden accidental occurrence arising from the

operation of a hazardous waste treatment, storage, or

disposal facility is issued against the owner or

operator or an instrument that is providing financial

assurance for liability coverage under subsections

(b)(1) through (b)(6) above.

Request for adjusted level of required liability coverage. If an

owner or operator demonstrates to the Agency that the levels of

financial responsibility required by subsections (a) or (b) above

are not consistent with the degree and duration of risk associated

with treatment, storage or disposal at the facility or group of

facilities, the owner or operator may obtain an adjusted level of

required liability coverage from the Agency. The request for an

adjusted level of required liability coverage must be submitted to

the Agency as part of the application under 35 Ill. Adm. Code

703.182 for a facility that does not have a permit, or pursuant to

the procedures for permit modification under 35 Ill. Adm. Code

705.128 for a facility that has a permit. If granted, the

modification will take the form of an adjusted level of required

liability coverage, such level to be based on the Agency

assessment of the degree and duration of risk associated with the

ownership or operation of the facility or group of facilities.

The Agency may require an owner or operator who requests an

adjusted level of required liability coverage to provide such

technical and engineering information as is necessary to determine

a level of financial responsibility other than that required by

subsection (a) or (b) above. Any request for an adjusted level of

required liability coverage for a permitted facility will be

treated as a request for a permit modification under 35 Ill. Adm.

Code 703.271(e)(3) and 705.128.

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Adjustments by the Agency. If the Agency determines that the

levels of financial responsibility required by subsection (a) or

(b) above are not consistent with the degree and duration of risk

associated with treatment, storage or disposal at the facility or

group of facilities, the Agency shall adjust the level of

financial responsibility required under subsection (a) or (b)

above as may be necessary to protect human health and the

environment. This adjusted level must be based on the Agency's

assessment of the degree and duration of risk associated with the

ownership or operation of the facility or group of facilities. In

addition, if the Agency determines that there is a significant

risk to human health and the environment from nonsudden accidental

occurrences resulting from the operations of a facility that is

not a surface impoundment, landfill or land treatment facility,

the Agency may require that an owner or operator of the facility

comply with subsection (b) above. An owner or operator shall

furnish to the Agency, within a time specified by the Agency in

the request, which must be not be less than 30 days, any

information which the Agency requests to determine whether cause

exists for such adjustments of level or type of coverage. Any

adjustment of the level or type of coverage for a facility that

has a permit will be treated as a permit modification under 35

Ill. Adm. Code 703.271(e)(3) and 705.128.

Period of coverage. Within 60 days after receiving certifications

from the owner or operator and an independent registered

professional engineer that final closure has been completed in

accordance with the approved closure plan, the Agency shall notify

the owner or operator in writing that the owner or operator is no

longer required by this Section to maintain liability coverage for

that facility, unless the Agency determines that closure has not

been in accordance with the approved closure plan.

Financial test for liability coverage.

An owner or operator may satisfy the requirements of this

Section by demonstrating that it passes a financial test as

specified in this subsection. To pass this test the owner

or operator shall meet the criteria of subsection (f)(1)(A)

or (B) below:

The owner or operator shall have:

Net working capital and tangible net worth each

at least six times the amount of liability

coverage to be demonstrated by this test; and

ii)

Tangible net worth of at least $10 million; and

iii)

Assets in the United States amounting to either:

at least 90 percent of the total assets; or at

least six times the amount of liability coverage

to be demonstrated by this test.

The owner or operator shall have:

A current rating for its most recent bond

issuance of AAA, AA, A or BBB as issued by

Standard and Poor's, or Aaa, Aa, A or Baa as

issued by Moody's; and

ii)

Tangible net worth of at least $10 million; and

iii)

Tangible net worth at least six times the amount

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of liability coverage to be demonstrated by this

test; and

iv)

Assets in the United States amounting to either:

at least 90 percent of the total assets; or at

least six times the amount of liability coverage

to be demonstrated by this test.

The phrase "amount of liability coverage" as used in

subsection (f)(1) above refers to the annual aggregate

amounts for which coverage is required under subsections (a)

and (b) above.

To demonstrate that it meets this test, the owner or

operator shall submit the following three items to the

Agency:

A letter signed by the owner's or operator's chief

financial officer and worded as specified in Section

724.251. If an owner or operator is using the

financial test to demonstrate both assurance for

closure or post-closure care, as specified by Sections

724.243(f) and 724.245(f) and 35 Ill. Adm. Code

725.243(e) and 725.245(e), and liability coverage, it

shall submit the letter specified in Section 724.251

to cover both forms of financial responsibility; a

separate letter as specified in Section 724.251 is not

required.

A copy of the independent certified public

accountant's report on examination of the owner's or

operator's financial statements for the latest

completed fiscal year.

A special report from the owner's or operator's

independent certified public accountant to the owner

or operator stating that:

The accountant has compared the data which the

letter from the chief financial officer

specifies as having been derived from the

independently audited, year-end financial

statements for the latest fiscal year with the

amounts in such financial statements; and

ii)

In connection with that procedure, no matters

came to the accountant's attention which caused

the accountant to believe that the specified

data should be adjusted.

An owner or operator of a new facility shall submit the

items specified in subsection (f)(3) above to the Agency at

least 60 days before the date on which hazardous waste is

first received for treatment, storage or disposal.

After the initial submission of items specified in

subsection (f)(3) above, the owner of operator shall send

updated information to the Agency within 90 days after the

close of each succeeding fiscal year. This information must

consist of all three items specified in subsection (f)(3)

above.

If the owner or operator no longer meets the requirements of

subsection (f)(1) above, the owner or operator shall obtain

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insurance, a letter of credit, a surety bond, a trust fund,

or a guarantee for the entire amount of required liability

coverage as specified in this Section. Evidence of insurance

must be submitted to the Agency within 90 days after the end

of the fiscal year for which the year-end financial data

show that the owner or operator no longer meets the test

requirements.

The Agency may disallow use of this test on the basis of

qualifications in the opinion expressed by the independent

certified public accountant in the accountant's report on

examination of the owner's or operator's financial

statements (see subsection (f)(3)(B) above). An adverse

opinion or a disclaimer of opinion will be cause for

disallowance. The Agency shall evaluate other

qualifications on an individual basis. The owner or

operator shall provide evidence of insurance for the entire

amount of required liability coverage as specified in this

Section within 30 days after notification of disallowance.

Guarantee for liability coverage.

Subject to subsection (g)(2) below, an owner or operator may

meet the requirements of this Section by obtaining a written

guarantee, referred to as a "guarantee." The guarantor shall

be the direct or higher-tier parent corporation of the owner

or operator, a firm whose parent corporation is also the

parent corporation of the owner or operator, or a firm with

a "substantial business relationship" with the owner or

operator. The guarantor shall meet the requirements for

owners and operators in subsections (f)(1) through (f)(6)

above. The wording of the guarantee must be as specified in

Section 724.251. A certified copy of the guarantee must

accompany the items sent to the Agency as specified in

subsection (f)(3) above. One of these items must be the

letter from the guarantor's chief financial officer. If the

guarantor's parent corporation is also the parent

corporation of the owner or operator, this letter must

describe the value received in consideration of the

guarantee. If the guarantor is a firm with a "substantial

business relationship" with the owner or operator, this

letter must describe this "substantial business

relationship" and the value received in consideration of the

guarantee. The terms of the guarantee must provide that:

If the owner or operator fails to satisfy a judgment

based on a determination of liability for bodily

injury or property damage to third parties caused by

sudden or nonsudden accidental occurrences (or both as

the case may be), arising from the operation of

facilities covered by this guarantee, or fails to pay

an amount agreed to in settlement of claims arising

from or alleged to arise from such injury or damage,

the guarantor will do so up to the limits of coverage.

The guarantee will remain in force unless the

guarantor sends notice of cancellation by certified

mail to the owner or operator and to the Agency. The

guarantee must not be terminated unless and until the

Agency approves alternate liability coverage complying

with Section 724.247 or 35 Ill. Adm. Code 725.247.

The guarantor shall execute the guarantee in Illinois. The

guarantee shall be accompanied by a letter signed by the

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guarantor which states that:

The guarantee was signed in Illinois by an authorized

agent of the guarantor;

The guarantee is governed by Illinois law; and

The name and address of the guarantor's registered

agent for service of process.

The guarantor shall have a registered agent pursuant to

Section 5.05 of the Business Corporation Act of 1983 (Ill.

Rev. Stat. 1991, ch. 32, par. 5.05 [805 ILCS 5/5.05]) or

Section 105.05 of the General Not-for-Profit Corporation Act

of 1986 (Ill. Rev. Stat. 1991, ch. 32, par. 105.05 [805 ILCS

105/105.05]).

Letter of credit for liability coverage.

An owner or operator may satisfy the requirements of this

Section by obtaining an irrevocable standby letter of credit

which conforms to the requirements of this subsection, and

submitting a copy of the letter of credit to the Agency.

The financial institution issuing the letter of credit shall

be an entity which has the authority to issue letters of

credit and whose letter of credit operations are regulated

and examined by the Illinois Commissioner of Banks and Trust

Companies.

The wording of the letter of credit must be as specified in

Section 724.251.

An owner or operator who uses a letter of credit to satisfy

the requirements of this Section may also establish a trust

fund. Under the terms of such a letter of credit, all

amounts paid pursuant to a draft by the trustee of the

standby trust in accordance with instructions from the

trustee. The trustee of the standby trust fund must be an

entity which has the authority to act as a trustee and whose

trust operations are regulated and examined by the Illinois

Commissioner of Banks and Trust Companies, or who complies

with the Corporate Fiduciary Act (Ill. Rev. Stat. 1991, ch.

32, par. 1551-1 et seq. [205 ILCS 620/1-1 et seq.])

The wording of the standby trust fund must be identical to

the wording specified in Section 724.251(n).

Surety bond for liability coverage.

An owner or operator may satisfy the requirements of this

Section by obtaining a surety bond which conforms to the

requirements of this subsection and submitting a copy of the

bond to the Agency.

The surety company issuing the bond shall be licensed by the

Illinois Department of Insurance.

The wording of the surety bond must be as specified in

Section 724.251.

Trust fund for liability coverage.

An owner or operator may satisfy the requirements of this

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Section by establishing a trust fund which conforms to the

requirements of this subsection and submitting a signed,

duplicate original of the trust agreement to the Agency.

The trustee shall be an entity which has the authority to

act as a trustee and whose trust operations are regulated

and examined by the Illinois Commissioner of Banks and Trust

Companies, or who complies with the Corporate Fiduciary Act.

(Ill. Rev. Stat. 1991, ch. 32, par. 1551-1 et seq. [205

ILCS 620/1-1 et seq.])

The trust fund for liability coverage must be funded for the

full amount of the liability coverage to be provided by the

trust fund before it may be relied upon to satisfy the

requirements of this Section. If at any time after the

trust fund is created the amount of funds in the trust fund

is reduced below the full amount of liability coverage to be

provided, the owner or operator, by the anniversary of the

date of establishment of the fund, shall either add

sufficient funds to the trust fund to cause its value to

equal the full amount of liability coverage to be provided,

or obtain other financial assurance as specified in this

Section to cover the difference. For purposes of this

subsection, "the full amount of the liability coverage to be

provided" means the amount of coverage for sudden and

nonsudden accidental occurrences required to be provided by

the owner or operator by this Section, less the amount of

financial assurance for liability coverage which is being

provided by other financial assurance mechanisms being used

to demonstrate financial assurance by the owner or operator.

The wording of the trust fund must be as specified in

Section 724.251.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.251

Wording of the Instruments

The Board incorporates by reference 40 CFR 264.151 (1988), as amended at 53

Fed. Reg. 33950, September 1, 198857 Fed. Reg. 42832, September 16, 1992.

This Section incorporates no later amendments or editions. The Agency will

promulgate standardized forms based on 40 CFR 264.151 with such changes in

wording as are necessary under Illinois law. Any owner or operator required to

establish financial assurance under this Subpart shall do so only upon the

standardized forms promulgated by the Agency. The Agency shall reject any

financial assurance document which is not submitted on such standardized

forms.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART N: LANDFILLS

Section 724.414

Special Requirements for Bulk and Containerized Liquids

This subsection corresponds with 40 CFR 264.314(a), which pertains

to pre May 8, 1985 actions, a date long since passed. This

statement maintains structural consistency with USEPA rules.

ab)

The placement of bulk or non-containerized liquid hazardous waste

or hazardous waste containing free liquids (whether or not

absorbents have been added) in any landfill is prohibited.

bc)

To demonstrate the absence or presence of free liquids in either a

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

Method 9095 (Paint Filter Liquids Test) as described in "Test

Methods for Evaluating Solid Wastes, Physical/Chemical Methods."

(EPA Publication No. SW-846, incorporated by reference in 35 Ill.

Adm. Code 721.111.

cd)

Containers holding free liquids must not be placed in a landfill

unless;

All free-standing liquid:

has been removed by decanting or other methods;

has been mixed with absorbent or solidified so that

free-standing liquid is no longer observed; or

has been otherwise eliminated; or

The container is very small, such as an ampule; or

The container is designed to hold free liquids for use other

than storage, such as a battery or capacitor; or

The container is a lab pack as defined in Section 724.416

and is disposed of in accordance with Section 724.416.

Sorbents used to treat free liquids to be disposed of in landfills

must be nonbiodegradable. Nonbiodegradable sorbents are:

materials listed or described in subsection (e)(1) below;

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

or materials that are determined by the Board to be

nonbiodegradable through the 35 Ill. Adm. Code 106 adjusted

standard process.

Nonbiodegradable sorbents are:

Inorganic minerals, other inorganic materials, and

elemental carbon (e.g., aluminosilicates, clays,

smectites, Fuller's earth, bentonite, calcium

bentonite, montmorillonite, calcined montmorillonite,

kaolinite, micas (illite), vermiculites, zeolites;

calcium carbonate (organic free limestone);

oxides/hydroxides, alumina, lime, silica (sand),

diatomaceous earth; perlite (volcanic glass); expanded

volcanic rock; volcanic ash; cement kiln dust; fly

ash; rice hull ash; activated charcoal (activated

carbon)); or

High molecular weight synthetic polymers (e.g.,

polyethylene, high density polyethylene (HDPE),

polypropylene, polystrene, poly urethane, polycrylate,

polynorborene, polyisobutylene, ground synthetic

rubber, cross-linked allylstrene and tertiary butyl

copolymers). This does not include polymers derived

from biological material or polymers specifically

designed to be degradable; or

Mixtures of these nonbiodegradable materials.

Tests for nonbiodegradable sorbents:

The sorbent material is determined to be

nonbiodegradable under ASTM Method G21-70 (1984a) --

Standard Practice for Determining Resistance of

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Synthetic Polymer Materials to Fungi; or

The sorbent material is determined to be

nonbiodegradable under ASTM Method G22-76 (1984b) --

Standard Practice for Determining Resistance of

Plastics to Bacteria.

ef)

The placement of any liquids which is not a hazardous waste in a

landfill is prohibited (35 Ill. Adm. Code 729.311).

f) Disposal of liquid wastes or wastes containing free liquids

otherwise allowed under this Section must be authorized pursuant

to 35 Ill. Adm. Code 709.401(a). As required by 35 Ill. Adm. Code

709.520(c), the Agency must require the addition of absorbents to

any such waste, any provision of this Section notwithstanding.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.416

Disposal of Small Containers of Hazardous Waste in

Overpacked Drums (Lab Packs)

Small containers of hazardous waste in overpacked drums (lab packs) may be

placed in a landfill if the following requirements are met:

Hazardous waste must be packaged in non-leaking inside containers.

The inside containers must be of a design and constructed of a

material that will not react dangerously with, be decomposed by or

be ignited by the contained waste. The inside containers must be

tightly and securely sealed. The inside containers must be of the

size and type specified in the Department of Transportation (DOT)

hazardous materials regulations (49 CFR 173, 178 and 179), if

those regulations specify a particular inside container for the

waste.

The inside containers must be overpacked in an open head DOT-

specification metal shipping container (49 CFR 178 and 179) of no

more than 416 liter (110 gallon) capacity and surrounded by, at a

minimum, a sufficient quantity of absorbentsorbent material,

determined to be nonbiodegradable in accordance with Section

724.414(e), to completely absorb all of the liquid contents of the

inside containers. The metal outer container must be full after

packing with inside containers and absorbent material.

In accordance with Section 724.117(b), the absorbent material used

must not be capable of reacting dangerously with, being decomposed

by or being ignited by the contents of the inside containers, in

accordance with 724.117(b).

Incompatible waste, as defined in 35 Ill. Adm. Code 720.110, must

not be placed in the same outside container.

Reactive wastes, other than cyanide- or sulfide-bearing waste as

defined in 35 Ill. Adm. Code 721.123(a)(5), must be treated or

rendered non-reactive prior to packaging in accordance with

subsections (a) through (d). Cyanide- and sulfide-bearing

reactive waste may be packed in accordance with subsections (a)

through (d) without first being treated or rendered non-reactive.

Such disposal is in compliance with 35 Ill. Adm. Code 728.

Persons who incinerate lab packs according to 35 Ill. Adm. Code

728.142(c)(1) may use fiber drums in place of metal outer

containers. Such fiber drums must meet the DOT specifications in

49 CFR 173.12 and be overpacked according to the requirements of

subsection (b).

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Pursuant to 35 Ill. Adm. Code 729.312, the use of labpacks for

disposal of liquid wastes or wastes containing free liquids

allowed under this Section is restricted to labwaste and non-

periodic waste, as those terms are defined in that Part.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART W: DRIP PADS

Section 724.670

Applicability

The requirements of this Subpart apply to owners and operators of

facilities that use new or existing drip pads to convey treated

wood drippage, precipitation or surface water run-on to an

associated collection system.

"Existing drip pads" are:

Those constructed before December 6, 1990; and

Those for which the owner or operator has a design and

has entered into binding financial or other agreements

for construction prior to December 6, 1990.

All other drip pads are "new drip pads".

The requirements at Section 724.673(b)(3) to install a leak

collection system applies only to those drip pads that are

constructed after December 24, 1992 except for those

constructed after December 24, 1992 for which the owner or

operator has a design and has entered into binding financial

or other agreements for construction prior to December 24,

1992.

The owner or operator of any drip pad that is inside or under a

structure that provides protection from precipitation so that

neither run-off nor run-on is generated is not subject to

regulation under Section 724.672(e) or (f).

The requirements of this subsection are not applicable to the

management of infrequent and incidental drippage in storage yards

provided that the owner or operator maintains and complies with a

written contingency plan that describes how the owner or operator

will respond immediately to the discharge of infrequent and

incidental drippage. At a minimum, the contingency plan must

describe how the owner or operator will do the following:

Clean up the drippage;

Document the clean-up of the drippage;

Retain documentation regarding the clean-up for three years;

and

Manage the contaminated media in a manner consistent with

State and Federal regulations.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.671

Assessment of existing drip pad integrity

For each existing drip pad, the owner or operator shall evaluate

148

the drip pad and determine that it meets all of the requirements

of this Subpart, except the requirements for liners and leak

detection systems of Section 724.673(b). No later than June 6,

1991, the owner or operator shall obtain and keep on file at the

facility a written assessment of the drip pad, reviewed and

certified by an independent, qualified registered professional

engineer that attests to the results of the evaluation. The

assessment must be reviewed, updated and re-certified annually

until all upgrades, repairs or modifications necessary to achieve

compliance with all of the standards of Section 724.673 are

complete. The evaluation must document the extent to which the

drip pad meets each of the design and operating standards of

Section 724.673, except the standards for liners and leak

detection systems, specified in Section 724.673(b), and must

document the age of the drip pad to the extent possible, to

document compliance with subsection (b).

The owner or operator shall develop a written plan for upgrading,

repairing and modifying the drip pad to meet the requirements of

Section 724.673(b) and submit the plan to the Agency no later than

2 years before the date that all repairs, upgrades and

modifications will be complete. This written plan must describe

all changes to be made to the drip pad in sufficient detail to

document compliance with all the requirements of Section 724.673

and must document the age of the drip pad to the extent possible.

The plan must be reviewed and certified by an independent

qualified, registered professional engineer. All upgrades,

repairs and modifications must be completed in accordance with the

following:

For existing drip pads of known and documentable age, all

upgrades, repairs and modifications must be completed by

June 6, 1993, or when the drip pad has reached 15 years of

age, whichever comes later.

For existing drip pads for which the age cannot be

documented, by June 6, 1999; but, if the age of the facility

is greater than 7 years, all upgrades, repairs and

modifications must be completed by the time the facility

reaches 15 years of age or by June 6, 1993, whichever comes

later.

The owner or operator may petition the Board for an

extension of the deadline in subsection (b)(1) or (2).

The owner or operator shall file a petition for a RCRA

variance as specified in 35 Ill. Adm. Code 104.

The Board will grant the petition for extension if it

finds that:

The drip pad meets all of the requirements of

Section 724.673, except those for liners and

leak detection systems specified in Section

724.673(b); and

ii)

That it will continue to be protective of human

health and the environment.

Upon completion of all upgrades, repairs and modifications, the

owner or operator shall submit to the Agency, the as-built

drawings for the drip pad, together with a certification by an

independent, qualified, registered professional engineer attesting

that the drip pad conforms to the drawings.

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If the drip pad is found to be leaking or unfit for use, the owner

or operator shall comply with the provisions of Section 724.672(m)

or close the drip pad in accordance with Section 724.675.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.672

Design and installation of new drip pads

Owners and operators of new drip pads shall ensure that the pads are designed,

installed and operated in accordance with allone of the following:applicable

requirements of Sections 724.673, 724.674 and 724.675.

All of the requirements of Sections 724.673 (except

724.673(a)(4)), 724.674 and 724.675; or

All of the requirements of Sections 724.673 (except 724.673(b)),

724.674 and 724.675.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 724.673

Design and operating requirements

Drip pads must:

Not be constructed of earthen materials, wood or asphalt,

unless the asphalt is structurally supported;

Be sloped to free-drain to the associated collection system

treated wood drippage, rain, other waters, or solutions of

drippage and water or other wastes;

Have a curb or berm around the perimeter;

4) Be impermeable, e.g., concrete pads must be sealed, coated

or covered with an impermeable material such that the entire

surface where drippage occurs or may run across is capable

of containing such drippage and mixtures of drippage and

precipitation, materials or other wastes while being routed

to an associated collection system;In addition, the drip pad

must:

Have a hydraulic conductivity of less than or equal to

1 X 10

-7

centimeters per second (cm/sec), e.g.,

existing concrete drip pads must be sealed, coated, or

covered with a surface material with a hydraulic

conductivity of less than or equal to 1 X 10

-7

cm/sec

such that the entire surface where drippage occurs or

may run across is capable of containing such drippage

and mixtures of drippage and precipitation, materials

or other wastes while being routed to an associated

collection system. This surface material must be

maintained free of cracks and gaps that could

adversely affect its hydraulic conductivity, and the

material must be chemically compatible with the

preservatives that contact the drip pad. The

requirements of this provision apply only to the

existing drip pads and those drip pads for which the

owner or operator elects to comply with Section

724.672(a) instead of Section 724.672(b).

The owner or operator must obtain and keep on file at

the facility a written assessment of the drip pad,

reviewed and certified by an independent qualified

150

registered professional engineer that attests to the

results of the evaluation. The assessment must be

reviewed, updated and recertified annually. The

evaluation must document the extent to which the drip

pad meets the design and operating standards of this

Section, except for in subsection (b) below.

BOARD NOTE: The requirement that new drip pads be

impermeable, e.g., that new drip pads be sealed,

coated or covered with an impermeable material, is

administratively stayed. The requirement that existing

drip pads be impermeable, e.g., that drip pads be

sealed, coated or covered with an impermeable

material, is administratively stayed. The stays will

remain in effect until the Board removes this note by

further regulatory action implementing USEPA

amendments at 57 Fed. Reg. 61492, December 24, 1992,

expected in Docket R93-4. The extended State stay will

not be construed as excusing owners or operators from

complying with any federal requirements already in

effect in Illinois.

Be of sufficient structural strength and thickness to

prevent failure due to physical contact, climatic

conditions, the stress of installation and the stress of

daily operations, e.g., variable and moving loads such as

vehicle traffic, movement of wood, etc.

BOARD NOTE: In judging the structural integrity requirement

of this subsection, the Agency should generally consider

applicable standards established by professional

organizations generally recognized by the industry,

including ACI 318 or ASTM C94, incorporated by reference in

35 Ill. Adm. Code 720.111.

b) A drip pad or an existing drip pad, after the deadline established

in Section 724.671(b),If an owner or operator elects to comply

with Section 724.672(b) instead of Section 724.672(a), the drip

pad must have:

A synthetic liner installed below the drip pad that is

designed, constructed and installed to prevent leakage from

the drip pad into the adjacent subsurface soil or

groundwater or surface water at any time during the active

life (including the closure period) of the drip pad. The

liner must be constructed of materials that will prevent

waste from being absorbed into the liner and to prevent

releases into the adjacent subsurface soil or groundwater or

surface water during the active life of the facility. The

liner must be:

Constructed of materials that have appropriate

chemical properties and sufficient strength and

thickness to prevent failure due to pressure gradients

(including static head and external hydrogeologic

forces), physical contact with the waste or drip pad

leakage to which they are exposed, climatic

conditions, the stress of installation and the stress

of daily operation (including stresses from vehicular

traffic on the drip pad);

Placed upon a foundation or base capable of providing

support to the liner and resistance to pressure

gradients above and below the liner to prevent failure

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of the liner due to settlement, compression or uplift;

and

Installed to cover all surrounding earth that could

come in contact with the waste or leakage; and

A leakage detection system immediately above the liner that

is designed, constructed, maintained and operated to detect

leakage from the drip pad. The leakage detection system must

be:

Constructed of materials that are:

Chemically resistant to the waste managed in the

drip pad and the leakage that might be

generated; and

ii)

Of sufficient strength and thickness to prevent

collapse under the pressures exerted by

overlaying materials and by any equipment used

at the drip pad; and

Designed and operated to function without clogging

through the scheduled closure of the drip pad; and

Designed so that it will detect the failure of the

drip pad or the presence of a release of hazardous

waste or accumulated liquid at the earliest

practicable time.

A leaking collection system immediately above the liner that

is designed, constructed, maintained and operated to collect

leakage from the drip pad such that it can be removed from

below the drip pad. The date, time, and quantity of any

leakage collected in this system and removed must be

documented in the operating log.

The drip pad surface must be cleaned thoroughly in a

manner and frequency such that accumulated residues of

hazardous waste or other materials are removed, with

residues being properly managed as to allow weekly

inspections of the entire drip pad surface without

interference of hindrance from accumulated residues of

hazardous waste or other materials on the drip pad.

The owner or operator must document the date and time

of each cleaning and cleaning procedure used in the

facility's operating log. The owner or operator must

determine if the residues are hazardous as per 35 Ill.

Adm. Code 722.111 and, if so, must manage them under

35 Ill. Adm. Code 721 through 728, and Section 3010 of

RCRA.

The Federal rules do not contain a 40 CFR

264.573(b)(3)(B). This subsection is added to conform

to Illinois Administrative Code rules.

Drip pads must be maintained such that they remain free of cracks,

gaps, corrosion or other deterioration that could cause hazardous

waste to be released from the drip pad.

BOARD NOTE: See subsection (m) for remedial action required if

deterioration or leakage is detected.

The drip pad and associated collection system must be designed and

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operated to convey, drain and collect liquid resulting from

drippage or precipitation in order to prevent run-off.

Unless the drip pad is protected by a structure, as described in

Section 724.670(b), the owner or operator shall design, construct,

operate and maintain a run-on control system capable of preventing

flow onto the drip pad during peak discharge from at least a

24-hour, 25-year storm, unless the system has sufficient excess

capacity to contain any run-on that might enter the system.

Unless the drip pad is protected by a structure or cover, as

described in Section 724.670(b), the owner or operator shall

design, construct, operate and maintain a run-off management

system to collect and control at least the water volume resulting

from a 24-hour, 25-year storm.

The drip pad must be evaluated to determine that it meets the

requirements of subsections (a) through (f). The owner or operator

shall obtain a statement from an independent, qualified,

registered professional engineer certifying that the drip pad

design meets the requirements of this Section,

Drippage and accumulated precipitation must be removed from the

associated collection system as necessary to prevent overflow onto

the drip pad.

The drip surface must be cleaned thoroughly at least once every

seven days such that accumulated residues of hazardous waste or

other materials are removed, using an appropriate and effective

cleaning technique, including but not limited to, rinsing, washing

with detergents or other appropriate solvents, or steam cleaning.

The owner or operator shall document, in the facility's operating

log; the date and time of each cleaning and the cleaning procedure

used.

Drip pads must be operated and maintained in a manner to minimize

tracking of hazardous waste or hazardous waste constituents off

the drip pad as a result of activities by personnel or equipment.

After being removed from the treatment vessel, treated wood from

pressure and non-pressure processes must be held on the drip pad

until drippage has ceased. The owner or operator shall maintain

records sufficient to document that all treated wood is held on

the pad, in accordance with this Section, following treatment.

Collection and holding units associated with run-on and run-off

control systems must be emptied or otherwise managed as soon as

possible after storms to maintain design capacity of the system.

Throughout the active life of the drip pad and as specified in the

permit, if the owner or operator detects a condition that could

lead to or has caused a release of hazardous waste, the condition

must be repaired within a reasonably prompt period of time

following discovery, in accordance with the following procedures:

Upon detection of a condition that may have caused or has

caused a release of hazardous waste (e.g., upon detection of

leakage in the leak detection system), the owner or operator

shall:

Enter a record of the discovery in the facility

operating log;

Immediately remove from service the portion of the

153

drip pad affected by the condition;

Determine what steps must be taken to repair the drip

pad, clean up any leakage from below the drip pad, and

establish a schedule for accomplishing the clean up

and repairs;

Within 24 hours after discovery of the condition,

notify the Agency of the condition and, within 10

working days, provide written notice to the Agency

with a description of the steps that will be taken to

repair the drip pad and clean up any leakage, and the

schedule for accomplishing this work.

The Agency shall: review the information submitted; make a

determination regarding whether the pad must be removed from

service completely or partially until repairs and clean up

are complete; and notify the owner or operator of the

determination and the underlying rationale in writing.

Upon completing all repairs and clean up, the owner or

operator shall notify the Agency in writing and provide a

certification, signed by an independent, qualified,

registered professional engineer, that the repairs and clean

up have been completed according to the written plan

submitted in accordance with subsection (m)(1)(D).

If a permit is necessary, the Agency shall specify in the permit

all design and operating practices that are necessary to ensure

that the requirements of this Section are satisfied.

The owner or operator shall maintain, as part of the facility

operating log, documentation of past operating and waste handling

practices. This must include identification of preservative

formulations used in the past, a description of drippage

management practices and a description of treated wood storage and

handling practices.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART DD: CONTAINMENT BUILDINGS

Section 724.1100

Applicability

The requirements of this Subpart apply to owners or operators who store or

treat hazardous waste in units designed and operated under Section 724.1101.

These provisions will become effective on February 18, 1993, although the

owner or operator may notify USEPA of his intent to be bound by this subpart

at an earlier time. The owner or operator is not subject to the definition of

land disposal in 35 Ill. Adm. Code 728.102 provided that the unit:

Is a completely enclosed, self-supporting structure that is

designed and constructed of manmade materials of sufficient

strength and thickness to support themselves, the waste contents,

and any personnel and heavy equipment that operate within the

unit, and to prevent failure due to:

pressure gradients;

settlement, compression, or uplift;

physical contact with the hazardous wastes to which

they are exposed;

154

climatic conditions; and

the stresses of daily operation including the movement

of heavy equipment within the unit and contact of such

equipment within the unit and contact of such

equipment with containment walls.

Has a primary barrier that is designed to be sufficiently durable

to withstand the movement of personnel wastes, and handling

equipment within the unit.

If used to manage liquids, the unit has:

A primary barrier designed and constructed of materials to

prevent migration of hazardous constituents into the

barrier;

A liquid collection system designed and constructed of

materials to minimize the accumulation of liquid on the

primary barrier; and

A secondary containment system designed and constructed of

materials to prevent migration of hazardous constituents

into the barrier, with a leak detection and liquid

collection system capable of detecting, collecting, and

removing leaks of hazardous constituents at the earliest

practicable time, unless the unit has been granted a

variance from the secondary containment system requirements

under Section 724.1101(b)(4);

Has controls sufficient to prevent fugitive dust emissions to meet

the no visible emission standard in Section 724.1101(c)(1)(A); and

Is designed and operated to ensure containment and prevent the

tracking of materials from the unit by personnel or equipment.

(Source: Added at 17 Ill. Reg. _________, effective ____________________)

Section 724.1101

Design and operating standards

All containment buildings must comply with the following design

and operating standards:

The containment building must be completely enclosed with a

floor, walls, and a roof to prevent exposure to the elements

(e.g. precipitation, wind, run on) and to assure containment

of managed wastes.

The floor and containment walls of the unit, including the

secondary containment system if required under subsection

(b) of this Section, must be designed and constructed of

materials of sufficient strength and thickness to support

themselves, the waste contents, and any personnel and heavy

equipment that operate within the unit, and to prevent

failure due to pressure gradients, settlement, compression,

or uplift, physical contact with the hazardous wastes to

which they are exposed; climatic conditions; and the

stresses of daily operation, including the movement of heavy

equipment within the unit and contact of such equipment with

containment walls. The unit must be designed so that it has

sufficient structural strength to prevent collapse or other

failure. All surfaces to be in contact with hazardous

wastes must be chemically compatible with those wastes. The

155

containment building shall meet the structural integrity

requirements established by professional organizations

generally recognized by the industry such as the American

Concrete Institute [ACI] and the American Society of Testing

Materials [ASTM]. If appropriate to the nature of the waste

management operation to take place in the unit, an exception

to the structural strength requirement may be made for

light-weight doors and windows that meet these criteria:

They provide an effective barrier against fugitive

dust emissions under subsection (c)(1)(C) below; and

The unit is designed and operated in a fashion that

assures that wastes will not actually come in contact

with these openings.

Incompatible hazardous wastes or treatment reagents must not

be placed in the unit or its secondary containment system if

they could cause the unit or secondary containment system to

leak, corrode, or otherwise fail.

A containment building must have a primary barrier designed

to withstand the movement of personnel, waste, and handling

equipment in the unit during the operating life of the unit

and appropriate for the physical and chemical

characteristics of the waste to be managed.

For a containment building used to manage hazardous wastes

containing free liquids or treated with free liquids (the presence

of which is determined by the paint filter test, a visual

examination, or other appropriate means), the owner or operator

must include:

A primary barrier designed and constructed of materials to

prevent the migration of hazardous constituents into the

barrier (e.g., a geomembrane covered by a concrete wear

surface).

A liquid collection and removal system to minimize the

accumulation of liquid on the primary barrier of the

containment building:

The primary barrier must be sloped to drain liquids to

the associated collection system; and

Liquids and waste must be collected and removed to

minimize hydraulic head on the containment system at

the earliest practicable time.

A secondary containment system including a secondary barrier

designed and constructed to prevent migration of hazardous

constituents into the barrier, and a leak detection system

that is capable of detecting failure of the primary barrier

and collecting accumulated hazardous wastes and liquids at

the earliest practicable time.

The requirements of the leak detection component of

the secondary containment system are satisfied by

installation of a system that is, at a minimum:

Constructed with a bottom slope of 1 percent or

more; and

ii)

Constructed of a granular drainage material with

156

a hydraulic conductivity of 1 x 10

-2

cm/sec or

more and a thickness of 12 inches (30.5 cm) or

more, or constructed of synthetic or geonet

drainage materials with a transmissivity of 3 x

-5

/sec or more.

If treatment is to be conducted in the building, an

area in which such treatment will be conducted must be

designed to prevent the release of liquids, wet

materials, or liquid aerosols to other portions of the

building.

The secondary containment system must be constructed

of materials that are chemically resistant to the

waste and liquids managed in the containment building

and of sufficient strength and thickness to prevent

collapse under the pressure exerted by overlaying

materials and by any equipment used in the containment

building. (Containment buildings can serve as

secondary containment systems for tanks placed within

the building under certain conditions. A containment

building can serve as an external liner system for a

tank, provided it meets the requirements of Section

724.193(d)(1). In addition, the containment building

must meet the requirements of Section 724.193(b) and

Sections 724.193(c)(1) and (c)(2) to be an acceptable

secondary containment system for a tank.)

For existing units other than 90-day generator units, USEPA

may delay the secondary containment requirement for up to

two years, based on a demonstration by the owner or operator

that the unit substantially meets the standards of this

Subpart. In making this demonstration, the owner or

operator must:

Provide written notice to USEPA of their request by

November 16, 1992. This notification must describe

the unit and its operating practices with specific

reference to the performance of existing systems, and

specific plans for retrofitting the unit with

secondary containment;

Respond to any comments from USEPA on these plans

within 30 days; and

Fulfill the terms of the revised plans, if such plans

are approved by USEPA.

Owners or operators of all containment buildings must;

Use controls and practice to ensure containment of the

hazardous waste within the unit, and at a minimum:

Maintain the primary barrier to be free of significant

cracks, gaps, corrosion, or other deterioration that

could cause hazardous waste to be release from the

primary barrier;

Maintain the level of the stored or treated hazardous

waste within the containment walls of the unit so that

the height of any containment wall is not exceeded;

Take measures to prevent the tracking of hazardous

waste out of the unit by personnel or by equipment

157

used in handling the waste. An area must be

designated to decontaminate equipment and any rinsate

must be collected and properly managed; and

Take measures to control fugitive dust emissions such

that any openings (doors, windows, vents, cracks,

etc.) exhibit no visible emissions (see 40 CFR 60,

Appendix A, Method 22 - Visual Determination of

Fugitive Emissions from Material Sources and Smoke

Emissions from Flares). In addition, all associated

particulate collection devices (e.g., fabric filter,

electrostatic precipitator) must be operated and

maintained with sound air pollution control practices

(see 40 CFR 60 for guidance). This state of no

visible emissions must be maintained effectively at

all times during routine operating and maintenance

conditions, including when vehicles and personnel are

entering and exiting the unit.

BOARD NOTE: At 40 CFR 264.1101(c)(1)(iv), as added as

57 Fed. Reg. 37266 (Aug. 18, 1992), USEPA cites "40

CFR part 60, subpart 292". At 57 Fed. Reg. 37217,

USEPA repeats this citation in the preamble discussion

of the rules. No such provision exists in the Code of

Federal Regulations. The Board has chosen to use the

more general citation: "40 CFR 60".

Obtain certification by a qualified registered professional

engineer (PE) that the containment building design meets the

requirements of subsections (a) through (c) of this Section.

For units placed into operation prior to February 18, 1993,

this certification must be placed in the facility's

operating record (on-site files for generators who are not

formally required to have operating records) no later than

60 days after the date of initial operation of the unit.

After February 18, 1993, PE certification will be required

prior to operation of the unit.

Throughout the active life of the containment building, if

the owner or operator detects a condition that could lead to

or has caused a release of hazardous waste, must repair the

condition promptly. In addition, however:

Upon detection of a condition that has caused to a

release of hazardous wastes (e.g., upon detection of

leakage from the primary barrier) the owner or

operator must:

Enter a record of the discovery in the facility

operating record;

ii)

Immediately remove the portion of the

containment building affected by the condition

from service;

iii)

Determine what steps must be taken to repair the

containment building, remove any leakage from

the secondary collection system,and establish a

schedule for accomplishing the cleanup and

repairs; and

iv)

Within 7 days after the discovery of the

condition, notify the Agency in writing of the

condition, and within 14 working days, provide a

158

written notice to the Agency with a description

of the steps taken to repair the containment

building, and the schedule for accomplishing the

work.

The Agency shall review the information submitted,

make a determination in accordance with Section 34 of

the Act, regarding whether the containment building

must be removed from service completely or partially

until repairs and cleanup are complete, and notify the

owner or operator of the determination and the

underlying rationale in writing.

Upon completing all repairs and cleanup the owner and

operator must notify the Agency in writing and provide

a verification, signed by a qualified, registered

professional engineer, that the repairs and cleanup

have been completed according to the written plan

submitted in accordance with subsection (c)(3)(A)(iv)

above.

Inspect and record in the facility's operating record, at

least once every seven days, data gathered from monitoring

equipment and leak detection equipment as well as the

containment building and the area immediately surrounding

the containment building to detect signs of releases of

hazardous waste.

For containment buildings that contain areas both with and without

secondary containment, the owner or operator must:

Design and operate each area in accordance with the

requirements enumerated in subsections (a) through (c) of

this Section;

Take measures to prevent the release of liquids or wet

materials into areas without secondary containment; and

Maintain in the facility's operating log a written

description of the operating procedures used to maintain the

integrity of areas without secondary containment.

Notwithstanding any other provision of this Subpart the Agency

shall not require secondary containment for a permitted

containment building where the owner operator demonstrates that

the only free liquids in the unit are limited amounts of dust

suppression liquids required to meet occupational health and

safety requirements, and where containment of managed wastes and

liquids can be assured without a secondary containment system.

(Source: Added at 17 Ill. Reg. _________, effective ____________________)

724.1102

Closure and post closure care

At closure of a containment building, the owner or operator must

remove or decontaminate all waste residues, contaminated

containment system components (liners, etc.), contaminated

subsoils, and structures and equipment contaminated with waste and

leachate, and manage them as hazardous waste unless 35 Ill. Adm.

Code 721.103(c) applies. The closure plan, closure activities,

cost estimates for closure, and financial responsibility for

containment buildings must meet all of the requirements specified

in 739.Subparts G and H.

159

If, after removing or decontaminating all residues and making all

reasonable efforts to effect removal or decontamination of

contaminated components, subsoils, structures, and equipment as

required in subsection (a) above, the owner or operator finds that

not all contaminated subsoils can be practicably removed or

decontaminated, he must close the facility and perform post-

closure care in accordance with the closure and post-closure

requirements that apply to landfills (35 Ill. Adm. Code 724.310).

In addition, for the purposes of closure, post-closure, and

financial responsibility, such a containment building is then

considered to be a landfill, and the owner or operator must meet

all the requirements for landfills specified in 739.Subparts G and

(Source: Added at 17 Ill. Reg. _________, effective ____________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

725.101

Purpose, Scope and Applicability

725.104

Imminent Hazard Action

SUBPART B: GENERAL FACILITY STANDARDS

Section

725.110

Applicability

725.111

USEPA Identification Number

725.112

Required Notices

725.113

General Waste Analysis

725.114

Security

725.115

General Inspection Requirements

725.116

Personnel Training

725.117

General Requirements for Ignitable, Reactive or Incompatible

Wastes

725.118

Location Standards

725.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

725.130

Applicability

725.131

Maintenance and Operation of Facility

725.132

Required Equipment

725.133

Testing and Maintenance of Equipment

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

160

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

Section

725.210

Applicability

725.211

Closure Performance Standard

725.212

Closure Plan; Amendment of Plan

725.213

Closure; Time Allowed for Closure

725.214

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 Plan; Amendment of Plan

725.219

Post-Closure Notices

725.220

Certification of Completion of Post-Closure Care

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

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

161

725.293

Containment and Detection of Releases

725.294

General Operating Requirements

725.295

Inspections

725.296

Response to leaks or spills and disposition of Tank Systems

725.297

Closure and Post-Closure Care

725.298

Special Requirements for Ignitable or Reactive Waste

725.299

Special Requirements for Incompatible Wastes

725.300

Waste Analysis and Trial Tests

725.301

Generators of 100 to 1000 kg/mo.

SUBPART K: SURFACE IMPOUNDMENTS

Section

725.320

Applicability

725.321

Design and Operating Requirements

725.322

Action Leakage Rate

725.323

Response Actions

725.324

Containment System

725.325

Waste Analysis and Trial Tests

725.326

Monitoring and Inspections

725.328

Closure and Post-Closure Care

725.329

Special Requirements for Ignitable or Reactive Waste

725.330

Special Requirements for Incompatible Wastes

SUBPART L: WASTE PILES

Section

725.350

Applicability

725.351

Protection from Wind

725.352

Waste Analysis

725.353

Containment

725.354

Design and Operating Requirements

725.355

Action Leakage Rates

725.356

Special Requirements for Ignitable or Reactive Waste

725.357

Special Requirements for Incompatible Wastes

725.358

Closure and Post-Closure Care

725.359

Response Actions

725.360

Monitoring and Inspection

SUBPART M: LAND TREATMENT

Section

725.370

Applicability

725.372

General Operating Requirements

725.373

Waste Analysis

725.376

Food Chain Crops

725.378

Unsaturated Zone (Zone of Aeration) Monitoring

725.379

Recordkeeping

725.380

Closure and Post-closure

725.381

Special Requirements for Ignitable or Reactive Waste

725.382

Special Requirements for Incompatible Wastes

SUBPART N: LANDFILLS

Section

725.400

Applicability

725.401

Design Requirements

725.402

Action Leakage Rate

725.403

Response Actions

725.404

Monitoring and Inspection

725.409

Surveying and 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 Bulk and Containerized Liquid Wastes

725.415

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked

Drums (Lab Packs)

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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

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

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Other Connectors

725.959

Standards: Delay of Repair

725.960

Standards: Closed-vent Systems and Control Devices

725.961

Percent Leakage Alternative for Valves

725.962

Skip Period Alternative for Valves

725.963

Test Methods and Procedures

725.964

Recordkeeping Requirements

SUBPART DD: CONTAINMENT BUILDINGS

Section

725.1100

Applicability

725.1101

Design and operating standards

725.1102

Closure and post-closure care

725.Appendix A

Recordkeeping Instructions

725.Appendix B

EPA Report Form and Instructions (Repealed)

725.Appendix C

EPA Interim Primary Drinking Water Standards

725.Appendix D

Tests for Significance

725.Appendix E

Examples of Potentially Incompatible Waste

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

Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111½, pars. 1022.4 and

1027 [415 ILCS 5/22.4 and 27]).

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective as noted

in 35 Ill. Adm. Code 700.106; amended and codified in R81-22, 45 PCB 317, at 6

Ill. Reg. 4828, effective as noted in 35 Ill. Adm. Code 700.106; amended in

R82-18, 51 PCB 831, at 7 Ill. Reg. 2518, effective February 22, 1983; amended

in R82-19, 53 PCB 131, at 7 Ill. Reg. 14034, effective October 12, 1983;

amended in R84-9, at 9 Ill. Reg. 11869, effective July 24, 1985; amended in

R85-22 at 10 Ill. Reg. 1085, effective January 2, 1986; amended in R86-1 at 10

Ill. Reg. 14069, effective August 12, 1986; amended in R86-28 at 11 Ill. Reg.

6044, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13489,

effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19338, effective

November 10, 1987; amended in R87-26 at 12 Ill. Reg. 2485, effective January

15, 1988; amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988;

amended in R88-16 at 13 Ill. Reg. 437, effective December 28, 1988; amended in

R89-1 at 13 Ill. Reg. 18354, effective 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. 5625, effective March 26, 1993;

amended in R93-4 at 17 Ill. Reg. _________, effective _______________.

SUBPART A: GENERAL PROVISIONS

Section 725.101

Purpose, Scope and Applicability

The purpose of this Part is to establish minimum standards which

define the acceptable management of hazardous waste during the

period of interim status and until certification of final closure

or, if the facility is subject to post-closure requirements, until

post-closure responsibilities are fulfilled.

The standards in this Part apply to owners and operators of

facilities which treat, store or dispose of hazardous waste who

have fully complied with the requirements for interim status under

Section 3005(e) of the Resource Conservation and Recovery Act

(RCRA) (42 U.S.C. 6901 et seq.) and 35 Ill. Adm. Code 703, until

either a permit is issued under Section 3005 of the Resource

164

Conservation and Recovery Act or Section 21(f) of the

Environmental Protection Act, or until applicable closure and

post-closure responsibilities under this Part are fulfilled, and

to those owners and operators of facilities in existence on

November 19, 1980, who have failed to provide timely notification

as required by Section 3010(a) of RCRA, or 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 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

which 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 U.S.C. 1431-

1434; 33 U.S.C. 1401);

BOARD NOTE: This Part applies to the treatment or storage

of hazardous waste before it is loaded into an ocean vessel

for incineration or disposal at sea, as provided in

subsection (b).

The owner or operator of a POTW (publicly owned treatment

works) which treats, stores or disposes of hazardous waste;

BOARD NOTE: The owner or operator of a facility under

subsections (c)(1) through (c)(3) is subject to the

requirements of 35 Ill. 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.

The owner or operator of a facility permitted, licensed or

registered by Illinois to manage municipal or industrial

solid waste, if the only hazardous waste the facility

treats, stores or disposes of is excluded from regulation

under this Part by 35 Ill. Adm. Code 721.105;

The owner or operator of a facility managing recyclable

materials described in 35 Ill. Adm. Code 721.106(a)(2) and

(3) (except to the extent that requirements of this Part are

referred to in 35 Ill. Adm. Code 726.Subparts C, D, F, orG,

or H;

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;

165

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;

11)

Immediate response:

Except as provided in subsection (c)(11)(B), 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 which, when

discharged, becomes a hazardous waste.

An owner or operator of a facility otherwise regulated

by this Part must comply with all applicable

requirements of Subparts C and D.

Any person who is covered by subsection (c)(11)(A) and

who continues or initiates hazardous waste treatment

or containment activities after the immediate response

is over is subject to all applicable requirements of

this Part and 35 Ill. Adm. Code 702, 703 and 705 for

those activities.

12)

A transporter storing manifested shipments of hazardous

waste in containers meeting the requirements of 35 Ill. Adm.

Code 722.130 at a transfer facility for a period of ten days

or less.

13)

The addition of absorbent material to waste in a container

(as defined in 35 Ill. Adm. Code 720.110), or the addition

of waste to the absorbent material in a container, provided

that these actions occur at the time waste is first placed

in the containers; and Sections 725.117(b), 725.271 and

725.272 are complied with.

The following hazardous wastes must not be managed at facilities

subject to regulation under this Part: hazardous waste numbers

F020, F021, F022, F023, F026 or F027 unless:

The wastewater treatment sludge is generated in a surface

impoundment as part of the plant's wastewater treatment

system;

The waste is stored in tanks or containers;

The waste is stored or treated in waste piles that meet the

requirements of 35 Ill. Adm. Code 724.350(c) as well as all

other applicable requirements of Subpart L;

The waste is burned in incinerators that are certified

pursuant to the standards and procedures in Section 725.452;

The waste is burned in facilities that thermally treat the

waste in a device other than an incinerator and that are

166

certified pursuant to the standards and procedures in

Section 725.483.

This Part applies to owners and operators of facilities which

treat, store or dispose of hazardous wastes referred to in 35 Ill.

Adm. Code 728, and the 35 Ill. Adm. Code 728 standards are

considered material conditions or requirements of the interim

status standards of this Part.

35 Ill. Adm. Code 700 contains rules concerning application of

other Board regulations.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART B: GENERAL FACILITY STANDARDS

Section 725.113

General Waste Analysis

Waste analysis:

Before an owner or operator treats, stores or disposes of

any hazardous wastes, or non-hazardous wastes if applicable

under Section 725.213(d), the owner or operator shall obtain

a detailed chemical and physical analysis of a

representative sample of the wastes. At a minimum, the

analysis must contain all the information which must be

known to treat, store or dispose of the waste in accordance

with this Part and 35 Ill. Adm. Code 728.

The analysis may include data developed under 35 Ill. Adm.

Code 721 and existing published or documented data on the

hazardous waste or on waste generated from similar

processes.

BOARD NOTE: For example, the facility's record of

analyses performed on the waste before the effective

date of these regulations or studies conducted on

hazardous waste generated from processes similar to

that which generated the waste to be managed at the

facility may be included in the data base required to

comply with subsection (a)(1), above, except as

otherwise specified in 35 Ill. Adm. Code 728.107(b)

and (c). The owner or operator of an off-site facility

may arrange for the generator of the hazardous waste

to supply part or all of the information required by

subsection (a)(1), above. If the generator does not

supply the information and the owner or operator

chooses to accept a hazardous waste, the owner or

operator is responsible for obtaining the information

required to comply with this Section.

The analysis must be repeated as necessary to ensure that it

is accurate and up to date. At a minimum, the analysis must

be repeated:

When the owner or operator is notified, or has reason

to believe, that the process or operation generating

the hazardous waste, or non-hazardous waste if

applicable under Section 725.213(d), has changed; and

For off-site facilities, when the results of the

inspection required in subsection (a)(4), below,

indicate that the hazardous waste received at the

167

facility does not match the waste designated on the

accompanying manifest or shipping paper.

The owner or operator of an off-site facility shall inspect

and, if necessary, analyze each hazardous waste movement

received at the facility to determine whether it matches the

identity of the waste specified on the accompanying manifest

or shipping paper.

The owner or operator shall develop and follow a written waste

analysis plan which describes the procedures which the owner or

operator will carry out to comply with subsection (a), above. The

owner or operator shall keep this plan at the facility. At a

minimum, the plan must specify:

The parameters for which each hazardous waste, or non-

hazardous waste if applicable under Section 725.213(d), will

be analyzed and the rationale for the selection of these

parameters (i.e., how analysis for these parameters will

provide sufficient information on the waste's properties to

comply with subsection (a), above.

The test methods which will be used to test for these

parameters.

The sampling method which will be used to obtain a

representative sample of the waste to be analyzed. A

representative sample may be obtained using either:

One of the sampling methods described in 35 Ill. Adm.

Code 721.Appendix A or

An equivalent sampling method.

BOARD NOTE: See 35 Ill. Adm. Code 720.120(c) for

related discussion.

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.

For off-site facilities, the waste analyses that hazardous

waste generators have agreed to supply.

Where applicable, the methods which will be used to meet the

additional waste analysis requirements for specific waste

management methods as specified in Sections 725.300,

725.325, 725.352, 725.373, 725.414, 725.441, 725.475,

725.502, 725.934(d) and 725.963(d), and 35 Ill. Adm. Code

728.107. And,

For surface impoundments exempted from land disposal

restrictions under 35 Ill. Adm. Code 728.104(a), the

procedures and schedules for:

The sampling of impoundment contents;

The analysis of test data; and,

The annual removal of residues which are not delisted

under 35 Ill. Adm. Code 720.122 or which exhibit a

characteristic of hazardous waste, and either:

Do not meet applicable treatment standards of 35

168

Ill. Adm. Code 728.Subpart D; or

ii)

Where no treatment standards have been

established: Such residues are prohibited from

land disposal under 35 Ill. Adm. Code 728.132 or

728.139; or such residues are prohibited from

land disposal under 35 Ill. Adm. Code

728.133(f).

For off-site facilities, the waste analysis plan required in

subsection (b), above, must also specify the procedures which will

be used to inspect and, if necessary, analyze each movement of

hazardous waste received at the facility to ensure that it matches

the identity of the waste designated on the accompanying manifest

or shipping paper. At a minimum, the plan must describe:

The procedures which will be used to determine the identity

of each movement of waste managed at the facility; and

The sampling method which will be used to obtain a

representative sample of the waste to be identified, if the

identification method includes sampling.

The procedures that the owner or operator of an off-site

landfill receiving containerized hazardous waste will use to

determine whether a hazardous waste generator or treater has

added a biodegradable sorbent to the waste in the container.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART G: CLOSURE AND POST-CLOSURE

Section 725.210

Applicability

Except as Section 725.101 provides otherwise:

Sections 725.211 through 725.215 (which concern closure) apply to

the owners and operators of all hazardous waste management

facilities; and

Sections 725.216 through 725.220 (which concern post-closure care)

apply to the owners and operators of:

All hazardous waste disposal facilities; andor

Waste piles and surface impoundments from which the owner or

operator intends to remove the wastes at closure to the

extent that these Sections are made applicable to such

facilities in Sections 725.328 or 725.358; andor

Tank systems which are required under Section 725.297 to

meet requirements for landfills.; or

Containment buildings that are required under Section

725.1102 to meet the requirement for landfills.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 725.211

Closure Performance Standard

The owner or operator shall close the facility in a manner that:

Minimizes the need for further maintenance; and

169

Controls, minimizes or eliminates, to the extent necessary to

protect human health and the environment, post-closure escape of

hazardous waste, hazardous constituents, leachate, contaminated

run-off or hazardous waste decomposition products to the ground or

surface waters or to the atmosphere, and

Complies with the closure requirements of this Part, including,

but not limited to, the requirements of Sections 725.297, 725.328,

725.358, 725.380, 725.410, 725.451, 725.481 and, 725.504 and

725.1102.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 725.212

Closure Plan; Amendment of Plan

Written Plan. Within six months after the effective date of the

rule that first subjects a facility to provisions of this Section,

the owner or operator of a hazardous waste management facility

shall have a written closure plan. Until final closure is

completed and certified in accordance with Section 725.215, a copy

of the most current plan must be furnished to the Agency upon

request including request by mail. In addition, for facilities

without approved plans, it must also be provided during site

inspections on the day of inspection to any officer, employee or

representative of the Agency.

Content of plan. The plan must identify the steps necessary to

perform partial or final closure of the facility at any point

during its active life. The closure plan must include, at least:

A description of how each hazardous waste management unit at

the facility will be closed in accordance with Section

725.211; and

A description of how final closure of the facility will be

conducted in accordance with Section 725.211. The

description must identify the maximum extent of the

operation which will be unclosed during the active life of

the facility; and

An estimate of the maximum inventory of hazardous wastes

ever on-site over the active life of the facility and a

detailed description of the methods to be used during

partial and final closure, including, but not limited to

methods for removing, transporting, treating, storing or

disposing of all hazardous waste, and identification of and

the type(s) of off-site hazardous waste management unit(s)

to be used, if applicable; and

A detailed description of the steps needed to remove or

decontaminate all hazardous waste residues and contaminated

containment system components, equipment, structures and

soils during partial and final closure including, but not

limited to, procedures for cleaning equipment and removing

contaminated soils, methods for sampling and testing

surrounding soils and criteria for determining the extent of

decontamination necessary to satisfy the closure performance

standard; and

A detailed description of other activities necessary during

the partial and final closure period to ensure that all

partial closures and final closure satisfy the closure

performance standards, including, but not limited to,

170

groundwater monitoring, leachate collection, and run-on and

run-off control; and

A schedule for closure of each hazardous waste management

unit and for final closure of the facility. The schedule

must include, at a minimum, the total time required to close

each hazardous waste management unit and the time required

for intervening closure activities which will allow tracking

of the progress of partial and final closure. (For example,

in the case of a landfill unit, estimates of the time

required to treat or dispose of all hazardous waste

inventory and of the time required to place a final cover

must be included.); and

An estimate of the expected year of final closure for

facilities that use trust funds to demonstrate financial

assurance under Sections 725.243 or 725.245 and whose

remaining operating life is less than twenty years, and for

facilities without approved closure plans.

Amendment of plan. The owner or operator may amend the closure

plan at any time prior to the notification of partial or final

closure of the facility. An owner or operator with an approved

closure plan shall submit a written request to the Agency to

authorize a change to the approved closure plan. The written

request must include a copy of the amended closure plan for

approval by the Agency.

The owner or operator shall amend the closure plan,

whenever:

Changes in the operating plans or facility design

affect the closure plan, or

Whenever there is a change in the expected year of

closure, if applicable, or

In conducting partial or final closure activities,

unexpected events require a modification of the

closure plan.

The owner or operator shall amend the closure plan at least

60 days prior to the proposed change in facility design or

operation, or no later than 60 days after an unexpected

event has occurred which has affected the closure plan. If

an unexpected event occurs during the partial or final

closure period, the owner or operator shall amend the

closure plan no later than 30 days after the unexpected

event. These provisions also apply to owners or operators

of surface impoundments and waste piles who intended to

remove all hazardous wastes at closure, but are required to

close as landfills in accordance with Section 725.410.

An owner or operator with an approved closure plan shall

submit the modified plan to the Agency at least 60 days

prior to the proposed change in facility design or

operation, or no more than 60 days after an unexpected event

has occurred which has affected the closure plan. If an

unexpected event has occurred during the partial or final

closure period, the owner or operator shall submit the

modified plan no more than 30 days after the unexpected

event. These provisions also apply to owners or operators

of surface impoundments and waste piles who intended to

remove all hazardous wastes at closure but are required to

171

close as landfills in accordance with Section 725.410. If

the amendment to the plan is a Class 2 or 3 modification

according to the criteria in 35 Ill. Adm. Code 702.280, the

modification to the plan shall be approved according to the

procedures in subsection (d)(4), below.

The Agency may request modifications to the plan under the

conditions described in subsection (c)(1), above. An owner

or operator with an approved closure plan shall submit the

modified plan within 60 days of the request from the Agency,

or within 30 days if the unexpected event occurs during

partial or final closure. If the amendment is considered a

Class 2 or 3 modification according to the criteria in 35

Ill. Adm. Code 702.280, the modification to the plan must be

approved in accordance with the procedures in subsection

(d)(4), below.

Notification of partial closure and final closure.

When notice is required.

The owner or operator shall submit the closure plan to

the Agency at least 180 days prior to the date on

which the owner or operator expects to begin closure

of the first surface impoundment, waste pile, land

treatment or landfill unit, or final closure if it

involves such a unit, whichever is earlier.

The owner or operator shall submit the closure plan to

the Agency at least 45 days prior to the date on which

the owner or operator expects to begin partial or

final closure of a boiler or industrial furnace.

The owner or operator shall submit the closure plan to

the Agency at least 45 days prior to the date on which

the owner or operator expects to begin final closure

of a facility with only tanks, container storage or

incinerator units.

Owners or operators with approved closure plans shall

notify the Agency in writing at least 60 days prior to

the date on which the owner or operator expects to

begin closure of a surface impoundment, waste pile,

landfill or land treatment unit, or final closure of a

facility involving such a unit.

Owners or operators with approved closure plans shall

notify the Agency in writing at least 45 days prior to

the date on which the owner or operator expects to

begin partial or final closure of a boiler or

industrial furnace.

Owners and operators with approved closure plans shall

notify the Agency in writing at least 45 days prior to

the date on which the owner or operator expects to

begin final closure of a facility with only tanks,

container storage or incinerator units.

The date when the owner or operator "expects to begin

closure" must be either:

Within 30 days after the date on which any hazardous

waste management unit receives the known final volume

of hazardous wastes or, if there is a reasonable

172

possibility that the hazardous waste management unit

will receive additional hazardous wastes, no later

than one year after the date on which the unit

received the most recent volume of hazardous waste.

If the owner or operator of a hazardous waste

management unit demonstrates to the Agency that the

hazardous waste management unit or facility has the

capacity to receive additional hazardous wastes and

that the owner or operator has taken and will continue

to take, all steps to prevent threats to human health

and the environment, including compliance with all

interim status requirements, the Agency shall approve

an extension to this one-year limit; or

For units meeting the requirements of Section

725.213(d), no later than 30 days after the date on

which the hazardous waste management unit receives the

known final volume of non-hazardous wastes, or, if

there is a reasonable possibility that the hazardous

waste management unit will receive additional

non-hazardous wastes, no later than one year after the

date on which the unit received the most recent volume

of non-hazardous wastes. If the owner or operator

demonstrates to the Agency that the hazardous waste

management unit has the capacity to receive additional

non-hazardous wastes and that the owner and operator

have taken, and will continue to take, all steps to

prevent threats to human health and the environment,

including compliance with all applicable interim

status requirements, the Agency shall approve an

extension to this one-year limit.

The owner or operator shall submit the closure plan to the

Agency no later than 15 days after:

Termination of interim status (except when a permit is

issued to the facility simultaneously with termination

of interim status); or

Issuance of a judicial decree or Board order to cease

receiving hazardous wastes or close.

The Agency shall provide the owner or operator and the

public, through a newspaper notice, the opportunity to

submit written comments on the plan and request

modifications of the plan no later than 30 days from the

date of the notice. The Agency shall also, in response to a

request or at its own discretion, hold a public hearing

whenever such a hearing might clarify one or more issues

concerning a closure plan. The Agency shall give public

notice of the hearing at least 30 days before it occurs.

(Public notice of the hearing may be given at the same time

as notice of the opportunity for the public to submit

written comments and the two notices may be combined.) The

Agency shall approve, modify or disapprove the plan within

90 days of its receipt. If the Agency does not approve the

plan, the Agency shall provide the owner or operator with a

detailed written statement of reasons for the refusal, and

the owner or operator shall modify the plan or submit a new

plan for approval within 30 days after receiving such

written statement. The Agency shall approve or modify this

plan in writing within 60 days. If the Agency modifies the

plan, this modified plan becomes the approved closure plan.

The Agency shall assure that the approved plan is

173

consistent with Sections 725.211 through 725.215 and the

applicable requirements of Sections 725.190 et seq.,

725.297, 725.328, 725.358, 725.380, 725.410, 725.451,

725.481 and, 725.504, and 724.1102. A copy of this modified

plan with a detailed statement of reasons for the

modifications must be mailed to the owner or operator.

Removal of wastes and decontamination or dismantling of equipment.

Nothing in this Section precludes the owner or operator from

removing hazardous wastes and decontaminating or dismantling

equipment in accordance with the approved partial or final closure

plan at any time before or after notification of partial or final

closure.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

SUBPART H: FINANCIAL REQUIREMENTS

Section 725.240

Applicability

The requirements of Sections 725.242, 725.243, and 725.247 through

725.250 apply to owners and operators of all hazardous waste

facilities, except as provided otherwise in this Section or in

Section 725.101.

The requirements of Section 725.244 and 725.246 apply only to

owners and operators of:

Disposal facilities; or

Tank systems that are required under Section 725.297 to meet

the requirements for landfills.; or

Containment buildings that are required under 725.1102 to

meet the requirements for landfills,

States and the Federal Government are exempt from the requirements

of this Subpart.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 725.242

Cost Estimate for Closure

The owner or operator shall have a detailed written estimate, in

current dollars, of the cost of closing the facility in accordance

with the requirements in Sections 725.211 through 725.215 and

applicable closure requirements of Sections 725.278, 725.297,

725.328, 725.358, 725.380, 725.410, 725.451, 725.481 and, 725.504,

and 725.1102.

The estimate must equal the cost of final closure at the

point in the facility's active life when the extent and

manner of its operation would make closure the most

expensive, as indicated by its closure plan (see Section

725.212(b)); and

The closure cost estimate must be based on the costs to the

owner or operator of hiring a third party to close the

facility. A third party is a party who is neither a parent

nor a subsidiary of the owner or operator. (See definition

of "parent corporation" in Section 725.241(d).) The owner or

operator may use costs for on-site disposal if the owner or

operator demonstrates that on-site disposal capacity will

exist at all times over the life of the facility.

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The closure cost estimate must not incorporate any salvage

value that may be realized by the sale of hazardous wastes,

or non-hazardous wastes if applicable under Section

725.213(d), facility structures or equipment, land or other

facility assets at the time of partial or final closure.

The owner or operator shall not incorporate a zero cost for

hazardous waste, or non-hazardous waste if applicable under

Section 725.213(d), which may have economic value.

During the active life of the facility, the owner or operator

shall adjust the closure cost estimate for inflation within 60

days prior to the anniversary date of the establishment of the

financial instruments used to comply with Section 725.243. For

owners and operators using the financial test or corporate

guarantee, the closure cost estimate must be updated for inflation

within 30 days after the close of the firm's fiscal year and

before submission of updated information to the Agency as

specified in Section 725.243(e)(5). The adjustment may be made by

recalculating the closure cost estimate in current dollars, or by

using an inflation factor derived from the most recent annual

Implicit Price Deflator for Gross National Product as published by

the U.S. Department of Commerce in its Survey of Current Business

as specified in subsections (b)(1) and (b)(2). The inflation

factor is the result of dividing the latest published annual

Deflator by the Deflator for the previous year.

The first adjustment is made by multiplying the closure cost

estimate by the inflation factor. The result is the

adjusted closure cost estimate.

Subsequent adjustments are made by multiplying the latest

adjusted closure cost estimate by the latest inflation

factor.

During the active life of the facility, the owner or operator

shall revise the closure cost estimate no later than 30 days after

a revision has been made to the closure plan which increases the

cost of closure. If the owner or operator has an approved closure

plan, the closure cost estimate must be revised no later than 30

days after the Agency has approved the request to modify the

closure plan if the change in the closure plan increases the cost

of closure. The revised closure cost estimate must be adjusted

for inflation as specified in subsection (b).

The owner or operator shall keep the following at the facility

during the operating life of the facility: The latest closure cost

estimate prepared in accordance with subsections (a) and (c) and,

when this estimate has been adjusted in accordance with subsection

(b), the latest adjusted closure cost estimate.

(Source: Amended at 17 Ill. Reg. _________, effective ____________________)

Section 725.243

Financial Assurance for Closure

An owner or operator of each facility shall establish financial assurance for

closure of the facility. The owner or operator shall choose from the options

as specified in subsections (a) through (e).

Closure trust fund.

An owner or operator may satisfy the requirements of this

Section by establishing a closure trust fund which conforms

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to the requirements of this subsection and submitting an

original, signed duplicate of the trust agreement to the

Agency. The trustee must be an entity which has the

authority to act as a trustee and whose trust operations are

regulated and examined by a Federal or State agency.

The wording of the trust agreement must be as specified in

35 Ill. Adm. Code 724.251 and the trust agreement must be

accompanied by a formal certification of acknowledgment as

specified in 35 Ill. Adm. Code 724.251. Schedule A of the

trust agreement must be updated within 60 days after a

change in the amount of the current closure cost estimate

covered by the agreement.

Payments into the trust fund must be made annually by the

owner or operator over the 20 years beginning May 19, 1981,

or over the remaining operating life of the facility as

estimated in the closure plan, whichever period is shorter;

this period is hereafter referred to as the "pay-in period."

The payments into the closure trust fund must be made as

follows:

The first payment must be made before May 19, 1981,

except as provided in subsection (a)(5). The first

payment must be at least equal to the current closure

cost estimate, except as provided in subsection (f),

divided by the number of years in the pay-in period.

Subsequent payments must be made no later than 30 days

after each anniversary date of the first payment. The

amount of each subsequent payment must be determined

by this formula:

Next payment = (CE - CV) / Y

where CE is the current closure cost estimate,

CV is the current value of the trust fund and Y

is the number of years remaining in the pay-in

period.

The owner or operator may accelerate payments into the trust

fund or may deposit the full amount of the current closure

cost estimate at the time the fund is established. However,

the owner or operator shall maintain the value of the fund

at no less than the value that the fund would have if annual

payments were made as specified in subsection (a)(3).

If the owner or operator establishes a closure trust fund

after having used one or more alternate mechanisms specified

in this Section, the owner or operator's first payment must

be in at least the amount that the fund would contain if the

trust fund were established initially and annual payments

made as specified in subsection (a)(3).

After the pay-in period is completed, whenever the current

closure cost estimate changes, the owner or operator shall

compare the new estimate with the trustee's most recent

annual valuation of the trust fund. If the value of the

fund is less than the amount of the new estimate, the owner

or operator, within 60 days after the change in the cost

estimate, shall either deposit an amount into the fund so

that its value after this deposit at least equals the amount

of the current closure cost estimate, or obtain other

financial assurance as specified in this Section to cover

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the difference.

If the value of the trust fund is greater than the total

amount of the current closure cost estimate, the owner or

operator may submit a written request to the Agency for

release of the amount in excess of the current closure cost

estimate.

If an owner or operator substitutes other financial

assurance as specified in this Section for all or part of

the trust fund, the owner or operator may submit a written

request to the Agency for release of the amount in excess of

the current closure cost estimate covered by the trust fund.

Within 60 days after receiving a request from the owner or

operator for release of funds as specified in subsections

(a)(7) or (a)(8), the Agency shall instruct the trustee to

release to the owner or operator such funds as the Agency

specifies in writing.

10)

After beginning partial or final closure, an owner or

operator or another person authorized to conduct partial or

final closure may request reimbursement for closure

expenditures by submitting itemized bills to the Agency.

The owner or operator may request reimbursement for partial

closure only if sufficient funds are remaining in the trust

fund to cover the maximum costs of closing the facility over

its remaining operating life. Within 60 days after

receiving bills for partial or final closure activities, the

Agency shall instruct the trustee to make reimbursement in

those amounts as the Agency specifies in writing if the

Agency determines that the partial or final closure

expenditures are in accordance with the approved closure

plan, or otherwise justified. If the Agency determines that

the maximum cost of closure over the remaining life of the

facility will be significantly greater than the value of the

trust fund, it shall withhold reimbursement of such amounts

as it deems prudent until it determines, in accordance with

subsection (h), that the owner or operator is no longer

required to maintain financial assurance for final closure

of the facility. If the Agency does not instruct the

trustee to make such reimbursements, the Agency shall

provide the owner or operator a detailed written statement

of reasons.

11)

The Agency shall agree to termination of the trust when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (h).

Surety bond guaranteeing payment into a closure trust fund.

An owner or operator may satisfy the requirements of this

Section by obtaining a surety bond which conforms to the

requirements of this subsection and submitting the bond to

the Agency. The surety company issuing the bond must, at a

minimum, be among those listed as acceptable sureties on

Federal bonds in Circular 570 of the U.S. Department of the

Treasury.

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The wording of the surety bond must be as specified in 35

Ill. Adm. Code 724.251.

The owner or operator who uses a surety bond to satisfy the

requirements of this Section shall also establish a standby

trust fund. Under the terms of the bond, all payments made

thereunder will be deposited by the surety directly into the

standby trust fund in accordance with instructions from the

Agency. This standby trust fund must meet the requirements

specified in subsection (a) except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the surety bond;

and

Until the standby trust fund is funded pursuant to the

requirements of this Section, the following are not

required by these regulations:

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(see 40 CFR 264.251(a)) to show current closure

cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

The bond must guarantee that the owner or operator will:

Fund the standby trust fund in an amount equal to the

penal sum of the bond before the beginning of final

closure of the facility; or

Fund the standby trust fund in an amount equal to the

penal sum within 15 days after an order to begin final

closure is issued by the Board or a U.S. district

court or other court of competent jurisdiction; or

Provide alternate financial assurance as specified in

this Section, and obtain the Agency's written approval

of the assurance provided, within 90 days after

receipt by both the owner or operator and the Agency

of a notice of cancellation of the bond from the

surety.

Under the terms of the bond, the surety will become liable

on the bond obligation when the owner or operator fails to

perform as guaranteed by the bond.

The penal sum of the bond must be in an amount at least

equal to the current closure cost estimate, except as

provided in subsection (f).

Whenever the current closure cost estimate increases to an

amount greater than the penal sum, the owner or operator,

within 60 days after the increase, shall either cause the

penal sum to be increased to an amount at least equal to the

current closure cost estimate and submit evidence of such

increase to the Agency, or obtain other financial assurance

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as specified in this Section to cover the increase.

Whenever the current closure cost estimate decreases, the

penal sum may be reduced to the amount of the current

closure cost estimate following written approval by the

Agency.

Under the terms of the bond, the surety may cancel the bond

by sending notice of cancellation by certified mail to the

owner or operator and to the Agency. Cancellation may not

occur, however, during the 120 days beginning on the date of

receipt of the notice of cancellation by both the owner or

operator and the Agency, as evidenced by the return

receipts.

The owner or operator may cancel the bond if the Agency has

given prior written consent based on its receipt of evidence

of alternate financial assurance as specified in this

Section.

Closure letter of credit.

An owner or operator may satisfy the requirements of this

Section by obtaining an irrevocable standby letter of credit

which conforms to the requirements of this subsection and

submitting the letter to the Agency. The issuing

institution must be an entity which has the authority to

issue letters of credit and whose letter-of-credit

operations are regulated and examined by a Federal or State

agency.

The wording of the letter of credit must be as specified in

35 Ill. Adm. Code 724.251.

An owner or operator who uses a letter of credit to satisfy

the requirements of this Section shall also establish a

standby trust fund. Under the terms of the letter of

credit, all amounts paid pursuant to a draft by the Agency

will be deposited by the issuing institution directly into

the standby trust fund in accordance with instructions from

the Agency. This standby trust fund must meet the

requirements of the trust fund specified in subsection (a),

except that:

An original, signed duplicate of the trust agreement

must be submitted to the Agency with the letter of

credit; and

Unless the standby trust fund is funded pursuant to

the requirements of this Section, the following are

not required by these regulations.

Payments into the trust fund as specified in

subsection (a);

ii)

Updating of Schedule A of the trust agreement

(as specified in 35 Ill. Adm. Code 724.251) to

show current closure cost estimates;

iii)

Annual valuations as required by the trust

agreement; and

iv)

Notices of nonpayment as required by the trust

agreement.

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The letter of credit must be accompanied by a letter from

the owner or operator referring to the letter of credit by

number, issuing institution, and date and providing the

following information: the EPA Identification Number, name

and address of the facility, and the amount of funds assured

for closure of the facility by the letter of credit.

The letter of credit must be irrevocable and issued for a

period of at least 1 year. The letter of credit must

provide that the expiration date will be automatically

extended for a period of at least 1 year unless, at least

120 days before the current expiration date, the issuing

institution notifies both the owner or operator and the

Agency by certified mail of a decision not to extend the

expiration date. Under the terms of the letter of credit,

the 120 days will begin on the date when both the owner or

operator and the Agency have received the notice, as

evidenced by the return receipts.

The letter of credit must be issued in an amount at least

equal to the current closure cost estimate, except as

provided in subsection (f).

Whenever the current closure cost estimate increases to an

amount greater than the amount of the credit, the owner or

operator, within 60 days after the increase, shall either

cause the amount of the credit to be increased so that it at

least equals the current closure cost estimate and submit

evidence of such increase to the Agency, or obtain other

financial assurance as specified in this Section to cover

the increase. Whenever the current closure cost estimate

decreases, the amount of the credit may be reduced to the

amount of the current closure cost estimate following

written approval by the Agency.

Following a final judicial determination or Board order

finding that the owner or operator has failed to perform

final closure in accordance with the approved closure plan

when required to do so, the Agency may draw on the letter of

credit.

If the owner or operator does not establish alternate

financial assurance as specified in this Section and obtain

written approval of such alternate assurance from the Agency

within 90 days after receipt by both the owner or operator

and the Agency of a notice from issuing institution that it

has decided not to extend the letter of credit beyond the

current expiration date, the Agency shall draw on the letter

of credit. The Agency may delay the drawing if the issuing

institution grants an extension of the term of the credit.

During the last 30 days of any such extension the Agency

shall draw on the letter of credit if the owner or operator

has failed to provide alternate financial assurance as

specified in this Section and obtain written approval of

such assurance from the Agency.

10)

The Agency shall return the letter of credit to the issuing

institution for termination when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

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subsection (h).

Closure insurance.

An owner or operator may satisfy the requirements of this

Section by obtaining closure insurance which conforms to the

requirements of this subsection and submitting a certificate

of such insurance to the Agency. At a minimum, the insurer

must be licensed to transact the business of insurance, or

eligible to provide insurance as an excess or surplus lines

insurer, in one or more States.

The wording of the certificate of insurance must be as

specified in 35 Ill. Adm. Code 724.251.

The closure insurance policy must be issued for a face

amount at least equal to the current closure cost estimate,

except as provided in subsection (f). The term "face

amount" means the total amount the insurer is obligated to

pay under the policy. Actual payments by the insurer will

not change the face amount, although the insurer's future

liability will be lowered by the amount of the payments.

The closure insurance policy must guarantee that funds will

be available to close the facility whenever final closure

occurs. The policy must also guarantee that, once final

closure begins, the insurer will be responsible for paying

out funds, up to an amount equal to the face amount of the

policy, upon the direction of the Agency to such party or

parties as the Agency specifies.

After beginning partial or final closure, an owner or

operator or any other person authorized to conduct closure

may request reimbursement for closure expenditures by

submitting itemized bills to the Agency. The owner or

operator may request reimbursement for partial closure only

if the remaining value of the policy is sufficient to cover

the maximum costs of closing the facility over its remaining

operating life. Within 60 days after receiving bills for

closure activities, the Agency shall instruct the insurer to

make reimbursement in such amounts as the Agency specifies

in writing if the Agency determines that the partial or

final closure expenditures are in accordance with the

approved closure plan or otherwise justified. If the Agency

determines that the maximum cost of closure over the

remaining life of the facility will be significantly greater

than the face amount of the policy, it shall withhold

reimbursement of such amounts as it deems prudent until it

determines, in accordance with subsection (h), that the

owner or operator is no longer required to maintain

financial assurance for final closure of the particular

facility. If the Agency does not instruct the insurer to

make such reimbursements, the Agency shall provide the owner

or operator with a detailed written statement of reasons.

The owner or operator shall maintain the policy in full

force and effect until the Agency consents to termination of

the policy by the owner or operator as specified in

subsection (d)(10). Failure to pay the premium, without

substitution of alternate financial assurance as specified

in this Section, will constitute a significant violation of

these regulations, warranting such remedy as the Board may

impose pursuant to the Environmental Protection Act. Such

violation will be deemed to begin upon receipt by the Agency

181

of a notice of future cancellation, termination or failure

to renew due to nonpayment of the premium, rather than upon

the date of expiration.

Each policy must contain a provision allowing assignment of

the policy to a successor owner or operator. Such

assignment may be conditional upon consent of the insurer,

provided such consent is not unreasonably refused.

The policy must provide that the insurer may not cancel,

terminate or fail to renew the policy except for failure to

pay the premium. The automatic renewal of the policy must,

at a minimum, provide the insured with the option of renewal

at the face amount of the expiring policy. If there is a

failure to pay the premium, the insurer may elect to cancel,

terminate or fail to renew the policy by sending notice by

certified mail to the owner or operator and the Agency.

Cancellation, termination or failure to renew may not occur,

however, during the 120 days beginning with the date of

receipt of the notice by both the Agency and the owner or

operator, as evidenced by the return receipts.

Cancellation, termination or failure to renew may not occur

and the policy will remain in full force and effect in the

event that on or before the date of expiration:

The Agency deems the facility abandoned; or

Interim status is terminated or revoked; or

Closure is ordered by the Board or a U.S. district

court or other court of competent jurisdiction; or

The owner or operator is named as debtor in a

voluntary or involuntary proceeding under 11 U.S.C.

(Bankruptcy); or

The premium due is paid.

Whenever the current closure cost estimate increases to an

amount greater than the face amount of the policy, the owner

or operator, within 60 days after the increase, shall either

cause the face amount to be increased to an amount at least

equal to the current closure cost estimate and submit

evidence of such increase to the Agency, or obtain other

financial assurance as specified in this Section to cover

the increase. Whenever the current closure cost estimate

decreases, the face amount may be reduced to the amount of

the current closure cost estimate following written approval

by the Agency.

10)

The Agency shall give written consent to the owner or

operator that the owner or operator may terminate the

insurance policy when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (h) below.

Financial test and corporate guarantee for closure.

An owner or operator may satisfy the requirements of this

182

Section by demonstrating that the owner or operator passes a

financial test as specified in this subsection. To pass

this test the owner or operator shall meet the criteria of

either subsection (e)(1)(A) or (e)(1)(B):

The owner or operator shall have:

Two of the following three ratios: a ratio of

total liabilities to net worth less than 2.0; a

ratio of the sum of net income plus

depreciation, depletion and amortization to

total liabilities greater than 0.1; and a ratio

of current assets to current liabilities greater

than 1.5; and

ii)

Net working capital and tangible net worth each

at least six times the sum of the current

closure and post-closure cost estimates and the

current plugging and abandonment cost estimates;

and

iii)

Tangible net worth of at least $10 million; and

iv)

Assests located in the United States amounting

to at least 90 percent of total assets or at

least six times the sum of the current closure

and post-closure cost estimates and the current

plugging and abandonment cost estimates.

The owner or operator shall have:

A current rating for its most recent bond

issuance of AAA, AA, A or BBB as issued by

Standard and Poor's or Aaa, Aa, A or Baa as

issued by Moody's; and

ii)

Tangible net worth at least six times the sum of

the current closure and post-closure cost

estimates and the current plugging and

abandonment cost estimates; and

iii)

Tangible net worth of at least $10 million; and

iv)

Assets located in the United States amounting to

at least 90 percent of total assets or at least

six times the sum of the current closure and

post-closure cost estimates and the current

plugging and abandonment cost estimates.

The phrase "current closure and post-closure cost estimates"

as used in subsection (e)(1) refers to the cost estimates

required to be shown in subsections 1-4 of the letter from

the owner's or operator's chief financial officer (40 CFR

264.151(f)) (incorporated by reference in 35 Ill. Adm. Code

724.251). The phrase "current plugging and abandonment cost

estimates" as used in subsection (e)(1) refers to the cost

estimates required to be shown in subsections 1-4 of the

letter from the owner's or operator's chief financial

officer (40 CFR 144.70(f)), incorporated by reference in 35

Ill. Adm. Code 704.240.

To demonstrate that the owner or operator meets this test,

the owner or operator shall submit the following items to

the Agency:

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A letter signed by the owner's or operator's chief

financial officer and worded as specified in 35 Ill.

Adm. Code 724.251; and

A copy of the independent certified public

accountant's report on examination of the owner's or

operator's financial statements for the latest

completed fiscal year; and

A special report from the owner's or operator's

independent certified public accountant to the owner

or operator stating that:

The accountant has compared the data which the

letter from the chief financial officer

specifies as having been derived from the

independently audited, year-end financial

statements for the latest fiscal year with the

amounts in such financial statements; and

ii)

In connection with that procedure, no matters

came to the accountant's attention which caused

the accountant to believe that the specified

data should be adjusted.

After the initial submission of items specified in

subsection (e)(3), the owner or operator shall send updated

information to the Agency within 90 days after the close of

each succeeding fiscal year. This information must consist

of all three items specified in subsection (e)(3).

If the owner or operator no longer meets the requirements of

subsection (e)(1), the owner or operator shall send notice

to the Agency of intent to establish alternate financial

assurance as specified in this Section. The notice must be

sent by certified mail within 90 days after the end of the

fiscal year for which the year-end financial data show that

the owner or operator no longer meets the requirements. The

owner or operator shall provide the alternate financial

assurance within 120 days after the end of such fiscal year.

The Agency may, based on a reasonable belief that the owner

or operator may no longer meet the requirements of

subsection (e)(1), require reports or financial condition at

any time from the owner or operator in addition to those

specified in subsection (e)(3). If the Agency finds, on the

basis of such reports or other information, that the owner

or operator no longer meets the requirements of subsection

(e)(1), the owner or operator shall provide alternate

financial assurance as specified in this Section within 30

days after notification of such a finding.

The Agency may disallow use of this test on the basis of

qualifications in the opinion expressed by the independent

certified public accountant in the accountant's report on

examination of the owner's or operator's financial

statements (see subsection (e)(3)(B)). An adverse opinion

or a disclaimer of opinion will be cause for disallowance.

The Agency shall evaluate other qualifications on an

individual basis. The owner or operator shall provide

alternate financial assurance as specified in this Section

within 30 days after notification of the disallowance.

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The owner or operator is no longer required to submit the

items specified in subsection (e)(3) when:

An owner or operator substitutes alternate financial

assurance as specified in this Section; or

The Agency releases the owner or operator from the

requirements of this Section in accordance with

subsection (h).

10)

An owner or operator may meet the requirements of this

Section by obtaining a written guarantee, hereafter referred

to as "corporate guarantee." The guarantor shall be the

direct or higher-tier parent corporation of the owner or

operator, a firm whose parent corporation is also the parent

corporation of the owner or opeartor, or a firm with a

"substantial business relationship" with the owner or

operator. The guarantor shall meet the requirements for

owners or operators in subsections (e)(1) through (e)(8) and

shall comply with the terms of the corporate guarantee. The

wording of the corporate guarantee must be identical to the

wording as specified in 35 Ill. Adm. Code 724.251. The

corporate guarantee must accompany the items sent to the

Agency as specified in subsection (e)(3). One of these

items must be the letter from the guarantor's chief

financial officer. If the guarantor's parent corporation is

also the parent corporation of the owner or operator, the

letter must describe the value received in consideration of

the gaurantee. If the gaurantor is a firm with a

"substantial business relationship" with the owner or

operator, this letter must describe this substantial

business relationship" and the value received in

consideration of the gaurantee. The terms of the corporate

guarantee must provide that:

If the owner or operator fails to perform final

closure of a facility covered by the corporate

guarantee in accordance with the closure plan and

other interim status requirements whenever required to

do so, the guarantor will do so or establish a trust

fund as specified in subsection (a) in the name of the

owner or operator.

The corporate guarantee will remain in force unless

the guarantor sends notice of cancellation by

certified mail to the owner or operator and to the

Agency. Cancellation may not occur, however, during

the 120 days beginning on the date of receipt of the

notice of cancellation by both the owner or operator

and the Agency, as evidenced by the return receipts.

If the owner or operator fails to provide alternate

financial assurance as specified in this Section and

obtain the written approval of such alternate

assurance from the Agency within 90 days after receipt

by both the owner or operator and the Agency of a

notice of cancellation of the corporate guarantee from

the guarantor, the guarantor will provide such

alternate financial assurance in the name of the owner

or operator.

Use of multiple financial mechanisms. An owner or operator may

satisfy the requirements of this Section by establishing more than

one financial mechanism per facility. These mechanisms are

185

limited to trust funds, surety bonds, letters of credit and

insurance. The mechanisms must be as specified in subsections (a)

through (d), respectively, except that it is the combination of

mechanisms, rather than the single mechanism, which must provide

financial assurance for an amount at least equal to the current

closure cost estimate. If an owner or operator uses a trust fund

in combination with a surety bond or a letter of credit, the owner

or operator may use the trust fund as the standby trust fund for

the other mechanisms. A single standby trust fund may be

established for two or more mechanisms. The Agency may use any or

all of the mechanisms to provide for closure of the facility.