ILLINOIS POLLUTION CONTROL

BOARD

January 21,

1993

IN THE MATTER OF:

)

)

RCRA

UPDATE,

USEPA REGULATIONS

)

R92-10

(1/1/92

—

6/30/92)

)

(Identical in Substance

)

Rules)

Adopted Rule.

Final Order,

ORDER

OF THE BOARD

(by J. Anderson):

Pursuant to Section 7.2 and 22.4(a) of the Environmental

Protection Act (Act), the Board is amending the

RCRA

hazardous

waste regulations.

The

amendments

involve

35 Iii. Adm. Code 702,

703,

720, 721,

724,

725,

726 and 728.

The Board will not file

the

adopted

rules until 30 days after the date of this order, to

allow time for post—adoption comments, particularly from the

agencies involved in the authorization process.

Section 22.4 of the Act governs adoption of regulations

establishing the RCRA program in Illinois.

Section 22.4(a)

provides for quick adoption

of regulatio~swhich are “identical

in substance’t to federal regulations; Sectioh 22.4(a) provides

that Title VII of the Act and Section 5 of the Administrative

Procedure Act shall not apply.

Because

this

rulemaking is not

subject to Section 5 of the Administrative Procedure Act,

it is

not subject to first notice.or to second notice review by the

Joint Committee on Administrative Rules

(JCAR).

The federal

RCRA

regulations are found at 40 CFR 260 through 270.

This

rulemaking

updates Illinois’ RCRA rules to correspond with federal

amendments. during the period January 1 through

June

30,

1992.

The. completetext of the rules

is

attached to this order.

This

order is supported by an opinion adopted this same day.

IT

IS

SO

ORDERED.

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution

Control

Board, hereby ce~ifythat the above order was adopted on the

~

day of

‘

~a.

,

1993, by a vote of

~~‘—e

7.

Dorothy N.

nn, Clerk

Illinois Pollution Control. Board

0 t38-05i~9

---

2

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

b:

PERMITS

PART

702

RCRA AND

UIC

PERMIT PROGRAMS

Section

702.101

702.102

702.103

702.104

702.105

702.106

702107

702.108

702.109

702.110

SUBPART A:

Applicability

Purpose

and Scope

Confidentiality

References

Rulemaking

Agency Criteria

Permit

Appeals

Variances

Enforcement

Definitions

GENERAL

PROVISIONS

SUBPART

B:

PERMIT

APPLICATIONS

Section

702.120

702.121

702.122

702.123

702.124

702~l25

702 126

Section

702.140

702.141

702.142

702.143

702.144

702.145

702.146

702.147

702.148

702.149

702.

150

702.151

702.152

702.160

702.161

702.162

Permit Application

Who

Applies

Completeness

Information Requirements

Recordkeeping

Continuation of Expiring Permits

Signatories to Permit Applications and Reports

SUBPART C:

PERMIT

CONDITIONS

Conditions Applicable to all Permits

Duty

to Comply

Duty

to Reapply

Need to Bait or Reduce Activity Not a Defense

Duty

to Mitigate

Proper Operation and Maintenance

Permit Actions

Property Rights

Duty

to

Provide

Information

Insj,

~ction

and

Entry

Monitoring

and

Records

Signatory

Requirements

Reporting

Requirements

Establishing Permit Conditions

Duration of Permits

Schedules

of

Compliance

0138-0550

---

3

702.163

Alternative

Schedules

of

Compliance

702.164

Recording and Reporting

SUBPART

0:

ISSUED PERMITS

Section

702.181

Effect of a Permit

702.182

Transfer

702.183

Modification

702.184

Causes for Modification

702.185

Facility

Siting

702.

186

Revocation

702.187

Minor

Modifications.

AUTHORITY:

Implementing Section 13 and

22.4

and

authorized

by

Section 27 of the Environmental Protection Act

(111. Rev. Stat.

1~8C Cupp.

1991,

ch.

111

1/2, pars.

1013, 1022.4 and 1027).

SOURCE:

Adopted in R81—32, 47 PCB 93, at 6 Iii. Reg. 12479,

effective as noted in 35

Ii..

Adnt. Code 700.106; amended in

R82—19, at 53 PCB 131,

7 Ill. Reg.

14352,

effective

as noted in

35 Iii.

Adin.

Code 700.106; amended in R84—9 at 9 Iii. Reg. 11926,

effective July 24,

1985; amended in R85—23 at 10 Ill. Reg. 13274,

effective July 29, 1986; amended in R86—1 at 10 Iii. 14083,

effective August 12,

1986; amended in R86-28 at 11 Iii. Rag.

.6131, effective March 24,

1987; amended in R87—5 at 11 Iii. Reg.

19376, effective November

12.,

1987; amended in R87—26 at 12 Ill.

Reg.

2579,

effective January 15,

1988; amended in. RB7—29 at 12

Ill. Reg.

6673, effective March 28,

1988; amended in R87-39 at 12

13083, effective July 29,

1988; amended in R89—1 at 13 Iii. Reg.

18452, effective November 13,

1989; amended in R89—2 at 14 Iii.

Reg. 3089, effective February 20,

1990; amended in R89—9 at 14

Ii..

Reg.

6273, effective April

16,

1990;

amended in R92—10 at

17

Iii.

Reg.

.

,

effective

_________________

SUBPART

0:

.

ISSUED

PERMITS

Section

702.181

Effect of a Permit

a)

The existence of a R~~RA

or UIC permit he~gQg~. not

constitute

a

defense

to

a

violation

of

the

Environmental Protection Act or this Subtitle, except

for development, modification or operation without a

permit. However,

a permit may be modified, reissued or

revoked during its term for cause as set forth in 35

Ill. Adm. C&le 703.270 through 703.273

(RCRA) and 35

Ill. Adm. Code 704.261 through 704.263

(UIC)

and

Section 702.186.

b)

The issuance of a permit does not convey any property

rights of any sort, or any exclusive privilege.

---

4

C)

The issuance of a permit does not authorize any injury

to persons or property or invasion of. other private

rights, or any infringement of State or local law or

regulations, except as noted in subsection

(a).

BOARD

NOTE:

Derived from 40 CFR 144.35 -(l~8U)

(1991~and 40 CPR 270.4 (1~8O),me amended at

53

Fed. Req. 37~)34,C.ptuber 38, 1~80(1991).

as

amended at 57 Fed. Rep.

3486. January 29

1992.

(Source:

Amended at 17 Ill. Reg.

_____,

effective

0138-0552

---

5

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER b:

PERMITS

PART 703

RCRA PERMIT PROGRAM

SUBPART

A:

GENERAL PROVISIONS

Scope and Relation to Other Parts

Purpose

References

SUBPART

B:

PROHIBITIONS

Prohibitions

in Genera?

RCRA Permits

Specific Inclusions

in Permit Program

Specific Exclusions

from Permit Program

Discharges of Hazardous Waste

Reapplications

Initial Applications

Federal

Permits

(Repealed)

SUBPART

C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Purpose and Scope

Permits by Rule

Application by Existing HWM Facilities and Interir

Status Qualifications

Application by Ne~HWN Facilities

Amended Part A Application

Qualifying for Interim Status

Prohibitions During Interim Status

Changes During Interim Status

InterirE Status Standards

Grounds

for Termination of Interim Status

Permits for Less Than an Entire Facility

Closure by Removal

Procedures for Closure Determination

SUBPART

D:

APPLICATIONS

Section

703.100

703. 101

703.110

Section

703. 120

703.12?

703. 122

703. 123

703. 124

703.125

703.126

703.127

Section

703

.

140

703.141

703. 150

703.15?

703.152

703.153

703. 154

703.155

703.156

703.157

703.158

703. 159

703. 160

Section

703 .160

703. 181

703

.

182

703,183

,L~1

703.8.

-.

-

Applications

in General

Contents of Part A

Contents

of Part B

General

Informaticr~

Facility Location Information

Groundwater Prote.~t~cnInformation

Exposure Informaticr~

Solid Waste Manaoerc~ntUnitE

U

/

~.‘

¼..

(~

---

6

703.188

703.200

703.201

703.202

703.203

703.204

703.205

703.206

703.207

70. .208

703.209

703.210

703.211

703.212

Section

703.240

703.241

703.242

703.243

703.244

703.245

703.246

703.247

Section

703.260

703.270

703.271

703.272

703.273

703.280

703.281

703.282

703.283

Appendix A

Other Information

Specific Information

Containers

Tank Systems

Surface Impoundments

Waste Piles

Incinerators

Land Treatment

Landfills

Specific Part B Information Requirer~entsfor Boilers

and Industrial Furnaces

Miscellaneous Units

Process Vents

Equipment

Drip Pads

SUBPART

E:

SHORT TERM

AND

PHASED PERMITS

Emergency Permits

Incinerator Conditions Prior to Trial Burn

Incinerator Conditions During Trial Burn

Incinerator Conditions After Trial Burn

Trial Burns for Existing Incinerators

Land Treatment Demonstration

Research, Development and Demonstration Permits

Permits for Boilers and Industrial

Furnaces Burning

Hazardous Waste

SUBPART F:

PERNIT CONDITIONS OR DENIAL

Permit Denial

Establishing Permit Conditions

Noncompliance Pursuant to Emergency Permit

Monitoring

Notice of Planned Changes

Twenty-four Hour Reporting

Reporting Requirements

Anticipated Noncompliance

SUBPART

G:

CHANGES

TO

PERMITS

Transfer

Modification

Causes for Modification

Causes for Modification or Reissuarice

Facility Siting

Permit Modification at the Request

of the Permittec

Class

1 Modifications

Class

2 Modifications

Class

3 Modifications

Classification

of Permit ModificationE

013

E -055 ~

Section

703.221

703.222

703.223

703.224

703.225

703.230

703.231

703.232

---

7

AUTHORITY:

Implementing

Section

22.4

and

authorized

by

Section

27

of

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

1991,

oh.

111½, pars.

1022.4

and

1027).

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

111.

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—l

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—ll at 15

Ill.

Reg.

9616,

effective June

17,

1991;

amended

in R91—1 at

15 Ill. Reg.

145544 effective September

30,

1991;

amended

in R9l—l3

at

16 Ill Reg.

9767,

effective June

9,

1992;

amended

in

R92—l0

at

17

Ill.

P.eg.

_____

,

effective

SUBPART

D:

APPLICATIONS

Section 703.203

Surface Impoundments

For facilities that store,

treat or dispose of hazardous waste

in

surface impoundments,

except as otherwise provided

in 35

Ill.

Adin.

Code 724.101, the Part

B application must include:

a)

A

list

of

the

hazardous

wastes

placed

or

to

be

placed

in each surface impoundment;

b)

Detailed plans and an engineering report describing how

the surface impoundment is designed and

is or will be

dc~igned,

constructed,

operated

and maintained to meet

the

requirements

of

35

Ill.

Adin.

Code

724.119,

724.321~

724.322

and

724.323,

-.

Thio

Dubm

oion

muot

addrc~

the

iLemo

as

apccitico

in

LflUL

~coL1on

addressina

the

following

items:

1)

The liner

system

(except

for

an

existing

portion

of

a

surface

impoundment)

.

If

an

exemption

from

the requirement

for a liner

is sought as providei

by

35

Ill..

Ado.

Codc

724.321(b),

submit ~-e~-a-i-~-e-~

plano

and

engineering

and

hydrogeologic

rcporto

o:

appropriate,

dcccribing

altcrnate

dcoign

en~

O!3~-Q555

---

8

operating practio~c~that

will,

in

conjunction

wi~th

location aopects, prevent the migration of any

ha~ardou~oonctituentG into the ciround-water or

~urfacc water at any future

time

a

copy

of

the

board

order

granting

an

ad-justed

standard

pursu~fl~

to

35

Iii.

Adin.

Code

724.321(b)

~

The

double

liner

and

leak

(leachate)

detection,

collection

and

removal

system,

jf

the

surface

impoundment must nieet the reguirements of

35 Iii.

AdIn.

Code

724.321(c).

If an exemption from the

re~uirenaentsfor double liners and

a

leak

detection,

collection and removal system or

alternative desigr

is sought as provided by 35

Ill. Mm.

Code 724.321(d),

(e)

or

(f),

submit

appropriate information

~j

If the leak detection system

js located

in

a

saturated zone,

submit detailed plans and an

engineerjng report explaining the leak detection

system design and operation,

and the location

of

the saturated zone

in relation to the leak

detection system

~j

The construction

guality assurance

(CQA)

plan

if

reguired under

35

Ill.

Adm.

Code 724.119

~

Proposed action leakage rate, with rationale,

if

required under

35

Ill.

Adin.

Code 724.322,

response

action

plan,

if

required

under

35

Ill.

Adm.

Code

724.323,

and

a

proposed

pump

operating

level,

if

required under

35

111.

Adrn.

Code 724.326(d) (3)

6)

Prevention of overtopping; and

7)

Structural integrity of dikes;

c)

A description of how each surface impoundment,

including the double liner system, leak detection

system,

cover system

and

cover oyotcms and

appurtenances for control of overtopping, will be

inspected

in

order

to

meet

the

requirements

of

35

Ill.

Adm.

Code

724.326(a)~

~

(b)

and

(d).

This

information

ohould must be included

i.

the

inspection

plan

submitted under Section 703.183(e);

d)

A certification by

a qualified engineer which attests

to the structural

integrity

of each dike,

as required

under

35 Ill.

Adm.

Code

724,326(c).

For ne~units, th~

owner or operator must

shall submit

a statement by

a

qualified engineer that the engineer will provide

s~o~

a certification upon completion of construction

in

0138-0556

---

9

accordance with the plans and specifications;

e)

A description of the procedure to be

used for removing

a surface impoundment from service,

as required under

35

Ill.

Adm.

Code

724.327(b)

and

(c).

This

information

~h-ou1d must

be included in the contingency plan

submitted under Section 703.183(g);

f)

A description of how hazardous waste residues and

contaminated materials will be removed from the unit at

closure,

as required under 35 Ill. Adm. Code

724.328(a) (1).

For any wastes not to be removed from

the unit upon closure, the owner or operator ~u~t shall

submit detailed plans and an engineering report

describing how

35

Ill. Adm.

Code 724.328(a) (2) and

(b)

will

be complied with.

This information ohould must be

included

in the closure plan and,

where applicable,

the

post-closure plan submitted under Section 703.183(m);

g)

If ignitable or reactive wastes are to be placed in

a

surface impoundment,

an explanation of how 35

Ill. Adm.

Code 724.329 will be complied with;

h)

If incompatible wastes, or incompatible wastes and

materials, will be placed in a surface impoundment,

an

explanation of how 35 Ill. Adm. Code 724.330 will be

complied

with--

;

and,

i)

A waste management plan for hazardous waste numbers

F020,

F02l,

F022,

F023,

F026

and F027 describing how

the surface impoundment

is or will be designed,

constructed, operated and maintained to meet the

requirements of

35

Ill.

Adm.

Code 724.331.

This

submission must address the following items

as

specified

in

that

Section:

1)

The volume, physical

and

chemical

characteristics

of the wastes,

including their potential to

migrate through soil or to volatilize or escape

into the atmosphere;

2)

The attenuative properties of underlying and

surrounding

soils

or

other

materials;

3)

The mobilizing properties of other materials

co-disposed with these wastes;

and

4)

The effectiveness cf additional treatment, desiq~

or monitoring techniques.

BOARD NOTE:

Ccc 40 CFR 2~0.17

Derive~frcr

40

CFP

270.17

(1991),

as

amendeT

at

57 Fe~.

p

L/Jc~C5S7

---

10

Req.

3486,

January

29,

1992.

(Source:

Amended at

17

113. Reg.

_____

,

effective

Section 703.204

Waste Piles

For facilities that store or treat hazardous waste

in waste

piles, except as otherwise provided in

35 Ill. Adm.

Code 724.101,

the Part

B application must include:

a)

A list of hazardous wastes placed or to be placed

in

each waste pile;

b)

If an exemption

is sought to 35

Ill. Adm Code 724.351

and 724.Subpart F as provided by 35 Ill.

Adm.

Code

724.350(c)

or

724.190(b)

(2),

an

explanation

of

how

the

requirements of

35

Ill. Adm. Code 724.350(c)

will be

complied with or detailed plans and an engineering

report describing how the requirements of 35

Ill. Adm.

Code

724.190(b)

(2)

will

be

met;

c)

Detailed plans and an engineering report describing ho~

the pile is designed and

is or will be

d-e-signcd,

constructed,

operated

and

maintained

to

meet

the

requirements of

35 Ill.

Adm. Code 724.119, 724.35l~

724.352 and 724.353,

addressing the following items:

This

submission

must

address

the

following

items

ac

~peaifled

in -that Cectioni

1)

Liner,

leak detection and removal system.

~J

The liner system

(except for an existing

portion of a waste pile),

if the waste pile

must meet the requirements

of

35

Ill. Ado.

Code 724.35l(aj.

If an exemption from the

requirement for a liner is sought,

as

provided by 35

Ill.

Adrn.

Code 724.351(b), the

owner or operator gust submit detailed plans

and engineering and hydrogeologic reports as

appropriate, describing alternate design~

and

operating practices that will,

in conjunct4e~

with jo-cation aspects, prevent the migration

e-i

any ~a~-ardouoconstituents into the

ground—water or surface water at any fut~i~-?

time shall submit

a copy of the Board order

granting an adlusted standard pursuant to 3~

Ill.

Adin.

Code 724.351(h)

~

The double liner and

leal: (leachat~

detection,

collection

and removal

system,

if

the waste pile rust meet the requirements

of

0! 3a-0558

---

11

35

Ill.

Adm.

Code 724.351(c).

If an

exemption from the requirements for

double

liners and

a leak detection,

collection

and

removal system or alternative design

is

ught as provided bY

35

Iii. Adm. Code

724.35l(d)~

(e)

or

(f),

submit appropriate

information

~

If the leak detection sYstem is located in

a

saturated

zone,

submit detailed plans and an

engineering report explaining the

leak

detection system design and operation,

and

the location of the saturated zone

in

relation to the leak detection system

Q~

The COA plan

if required under

35

Ill.

Adr.

Code 724.119

~j

Proposed action leakage rate, with rational?,

if required under

35 Ill.

Admn.

Code 724.352,

and response action plan,

if required under

3~Ill.

Adin.

Code 724.353

2)

Control

of run-on;

3)

Control

of run-off;

4)

Management of collection and holding units

associated with run-on and run-off control

systems;

and

5)

Control

of wind dispersal

of particulate matter,

where applicable;

d)

A description of how each waste pile,

including the

double liner system,

leachate collection and removal

system,

leak detection system,

cover system and

appurtenances for control of run-on and run—off,

will

be inspected in order to meet the requirements of

35

Ill.

Adir.

Code 724.354(a)~e~ (b)

and

(c).

This

information should must be included

in the

inspection

plan submitted under Section 703.183(g

~).

e)

If the treatment

is carried out on or in the pile,

details

of the process and equipment used,

and the

nature and quality of the residuals;

f)

If ignitable or reactive wastes are to be placed

in

a

waste

pile,

an explanation

of how the requirements

of

35

101.

A5.m.

Code 724.35E will he complied with~

If

incompatible wastes,

or incompatible wastes

ani

c

i~

~

-

U

559

---

12

materials,

will be placed

in

a waste pile,

an

explanation of how

35 Ill.

Adit.

Code 724.357 will be

complied

with;

h)

A description of how hazardous waste residues and

contaminated materials will be removed from the waste

pile at closure,

as required under

35 Ill.

Adxn.

Code

724.358(a).

For any waste not to be removed from the

waste pile upon closure, the owner or operator gust

shall

submit detailed plans and an engineering report

describing how 35

Ill.

Adm. Code 724.410(a) and

(b)

will be complied with.

This information ohould must be

included

in the closure plan and, where applicable,

the

post-closure plan submitted under Section 703.183(m)--i

and,

i)

A waste management plan for hazardous waste numbers

F020,

F02l,

F022,

F023, F026 and F027 describing how

the surface impoundment

is or will be designed,

constructed, operated and maintained to meet the

requirements of

35

Ill.

Admn.

Code

724.359.

This

submission must address the following items as

specified

in

that

Section:

1)

The volume, physical and chemical characteristics

of the wastes,

including their potential to

migrate through soil or to volatilize or escape

into the

atmosphere;

2)

The attenuative properties of underlying and

surrounding soils or other materials;

3)

The mobilizing properties of other materials

co—disposed with these wastes; and

4)

The effectiveness of additional treatment,

design

or

monitoring

techniques.

BOARD

NOTE:

Ccc

40

-CFR 270.1BDerived from 40

CFR 270.18

(1991),

as amended at

57

Fed.

Rca.

3486,

January 29,

1992.

(Source:

Amended at

17

Ill.

Req.

_____

,

effective

Section 703.207

Landfills

For facilities

that dispose of hazardous waste

in landfil3s,

except as otherwise provided

in

35

131.

Adm.

Code 724.101,

thc

Part B application must include:

a)

A

list

of

the

hazardous

wastes

placed

or

to

he paoE::

013&-0560

---

13

The liner system and lcachatc collection and

removal

system

(except for an existing

portion of a

landfill)

,

if

the

landfill must

meet the requirements

of

35 Ill.

Adm.

Code

724.401(a).

If an exemption from the

requireinent~for a liner, and

a leachate

collection and removal system is sought

as

provided by 35

Ill.

Adm. Code 724.401(b),

submit detailed plans engineering and

hydrogcologic reports as appropriate,

describing alternate design and operating

practices that will,

in conjunction with

location aspects, prevent the migration

0

any

hazardous constituent

into the

dwotcr ~r ~

~a4cr -a4 sny

~

time ~ copy of the

Board order granting an

adjusted standard pursuant to 35

Ill.

Ado.

Code

724.401(b)

~

The double liner and

leak

(leachate)

detection, collection and removal system,

if

the landfill must meet the requirements

of

35

Ill.

Adin.

Code 724.403(c).

If an exemption

from the requirements for double liners and

a

leak detection,

collection and removal

system.

or alternative design

is sought as provided

by 35

Iii. Adm.

Code 724.401(d),

(e)

or

(f),

submit appropriate information

~

If

the

leak

detection system is located

in

a

saturated zone,

submit detailed ~1ans and an

engineering report explaining the leak

detection

system design and operation,

and

the location of the saturated

zone

in

relation

to

the

leak

detection

system

~

The

CQA

plan

if

resumed

under

35

13

.

Ado.

CodE

724.119

C 13 8

-0561

~LUU1J

in each landfill or landfill cell;

b)

Detailed plans and an engineering report describing how

the landfill is designed and

is or will be designed,

constructed, operated and maintained to comply with

meet

the requirements of 35

Ill. Adm. Code 724.119,

724.401.,

724.402 and 724.403, addressing the following

items:.

This submission must address the following

items

as specified in that Scotioni

1)

Liner,

leak detection, collection and removal

systems.

---

14

~

Proposed action leakage rate,

with rationale,

if required under 35

Ill.

Adrn.

Code 724.402,

and response action plan,

f required under

35 Ill.

Adin.

Code

724.404,

and proposed pur~p

Qperating level,

if required under

35 111.

Admn.

Code 724.403

2)

Control

of run-on;

3)

Control

of

run-off;

4)

Management of collection and holding facilities

associated with run-on and run-off control

systems;

and

5)

Control of wind dispersal

of particulate matter,

where applicable;

c)

If an exemption from 35 I1L—Adin.

Code 724.Cubpart

F

i-s

sought,

as provided by 35

Ill. Adm. Code 724.402(a),

the—owncr or operator must submit detailed plans and an

engineering

report explaining the location of

the

saturated

zone in relation to the landfill,

the design

of ~adouble-liner system that incorporates a leak

detection system between the liners and a

leachate

collection and removal system above the lincrsi ~

description of how each

landfill,

including the double

liner system,

leachate collection and removal system,

leak detection system,

cover system, and appurtenances

for

control

of

run—on

and

run—off,

will

be

inspected

in

order

to

meet

the

requirements

of

35

Ill.

Adn.

Code

724.403(a),

(b)

,

and

(c)

.

This information must be

included in the inspection plan submitted under Section

703.183(e);

ci)

A description of how each landfill,

including the

liner and cover systems,

will be inspected

in order to

meet the requirements

of the 35

Ill.

Adm.

Code

724.403(a)

and

(b).

This information should rust be

included in the inspection plan submitted under Section

703.183(e);

e)

Detailed plans and an engineering report describing thE

final

cover which will be apr’ ied to each landfill

or

landfill

cell at closure

n a~cordancewith

35 Ill.

Ado.

Code 724.410(a)

,

and

a description of how each

landfill

will

be

maintained

and

monitored

after

closurE

in accordance with

35

Ill. Ado.

Code 724.410(b).

This

information &eu---d must be included

in the closure

an~2

post-closure

plans

submitted

under

Section

703,183(r);

f)

f igoitahc-- or

reactive wastes will

he landfil1e~, a:.

0138-0562

---

15

explanation of how the requirements of

35

Ill.

Ado.

Code

724.412 will be complied with;

If incompatible wastes, or incompatible wastes and

materials,

will be landfilled,

an explanation of how

35

Ill.

Ado. Code

724.413 will be complied with;

h)

If bulk or non—containerized liquid waste or waste

containing

free liquids is to be l-andfilled,

an

explanation of how the requirements

of

35 Ill.

Ado.

Code 724.414 will be complied with;

i)

If

containers of hazardous waste are to be landfilled,

an explanation of how the requirements of 35

Ill.

Ado.

Code 724.415 or

724.416,

as applicable,

will be

complied

W~th-r

;

and,

j)

A waste

management plan for hazardous waste numbers

F020,

F021,

F022,

F023, F026 and F027 describing how a

landfill

is or will be designed, constructed,

operated

and maintained to meet the requirements of

35 Ill.

Ado.

Code 724.417.

This submission must address the

following items

as

specified in that Section:

1)

The volume,

physical and chemical characteristics

of the wastes,

including their potential to

migrate

through

soil

or

to

volatilize

or

escape

into the atmosphere;

2)

The attenuative properties of underlying and

surrounding soils or other materials;

3)

The mobilizing properties

of

other

materials

co-disposed with these wastes;

and

4)

The effectiveness of additional treatment,

design

or monitoring techniques.

BOARD NOTE:

Ccc 40

CFR 270.-QlDerived from

40

CFR 270.21

(1991)

,

as amended at

57

Fed.

Rec.

3486, January

29.

1992.

(Source:

Amended at

17

Ill.

Req.

_____

,

effective

Section 703.Appendix A

Classification

cf

Permit

Modifications

Class

Modifications

A.

General

Permit

Provisions

1.

Adoinistrativc

an:~

ir~formaticnz~.1co:~n’~

:~

‘~

(

r~

r

~

---

16

1

2.

Correction of typographical errors.

1

3.

Equipment replacement or upgrading with

functionally equivalent components

(e.g.,

pipes,

valves,

pumps,

conveyers,

controls)

4.

Changes

in the frequency of or procedures

for

monitoring,

reporting,

sampling or maintenance

activities by the permittee:

1

a.

To provide

for more frequent monitoring,

reporting or maintenance.

2,

b.

Other changes.

5.

Schedule of compliance:

1*

a.

Changes

in

interim

compliance dates, with

prior approval

of the Agency.

BOARD NOTE:

“~“

indicates that prior Agency

approval

is required.

3

b.

Extension of final compliance date.

1*

6.

Changes in expiration date of permit to allow

earlier permit termination, with prior approval

of

the Agency.

1*

7.

Changes

in ownership or operational control

of

a

facility,

provided the procedures

of Section

703.260(b)

are

followed.

F

General Facility

Standards

1.

Changes to waste sampling or analysis methods:

1

a.

To conform with Agency guidance or Board

regulations.

1

h.

To incorporate changes associated with F039

(multi—source leachate)

sampling or analysis

methods.

2

c.

Oth~r cL~dnges.

2.

Changes

to analytical

quality assurance/control

plan:

1

a.

To

conform

with

agency

guidance

or

regulations.

UI

36-056k

---

17

2

b.

Other changes.

3.

Changes in procedures for maintaining the

operating record.

2

4.

Changes

in frequency

or

content

of

inspection

schedules.

5.

Changes

in

the training plan:

-

2

a.

That affect the type or decrease the amount

of training given to employees.

b.

Other changes.

6.

Contingency plan:

2

a.

Changes

in emergency procedures

(i.e.,

spill

or release response procedures).

b.

Replacement with functionally equivalent

equipment, upgrade or relocate emergency

equipment

listed.

2

c.

Removal

of

equipment

from emergency equipment

list.

ci.

Changes

in name,

address or phone number of

coordinators or other persons or agencies

identified

in the plan.

Note:

When

a permit modification

(such as

introduction of a new unit)

requires

a change

in

facility

plans

or

other

general

facility

standards,

that

change

must

be

reviewed

under

the

same

procedures

as

the

permit

modification.

7.

COA plan:

~

Changes that the COA officer certifies

in the

operating

record

will provide equivalent

or

better certainty that the unit components

meet the design specifications.

b.

Other

changes.

C’.

Groundwater Protection

1.

Changes

to wells:

a.

Changes

in the

number,

location,

depth

or

1~ ‘~P_1)~

LI

~

LJU

---

18

design

of upgradient or downgradient wells of

permitted groundwater monitoring

system.

b.

Replacement

of

an

existing

well

that

has

been

damaged or rendered inoperable, without

change to location, design or depth of the

well.

2.

Changes

in groundwater sampling or analysis

procedures

01

monitoring schedule, with prior

approval of the Agency.

3.

Changes

in statistical procedure for determining

whether

a statistically significant change in

groundwater q~ialitybetween upgradient and

downgradient wells has occurred, with prior

approval of the Agency.

4.

Changes

in point

of compliance.

5.

Changes

in indicator parameters,

hazardous

constituents

or

concentration

limits

(including

ACL5 (Alternate Concentration Limits)):

a.

As specified in the groundwater

protection

standard.

b.

As

specified

in the detection monitoring

program.

6.

Changes to

a detection monitoring program

as

required

by

35

Ill.

Ado. Code 724.198(j),

unless

otherwise specified

in this Appendix.

7.

Compliance monitoring program:

a.

Addition of compliance monitoring program

as

required

by

35

Ill.

Ado. Code 724.198(h)

(4)

and 724.199.

b.

Changes

to

a compliance monitoring program as

required

by

35 Ill. Ado.

Code 724.199(k),

unless otherwise specified in this Appendix.

8.

Corrective icti~nprogram:

a.

Addition

of

a

corrective

action

program

as

required-

by

35

Ill.

Ado.

Code

724.199(i)

(2)

and

724.2CC-.

-h.

Changes

to

a

corrective

action

program

as

required

~y

3E

Ill.

Ado.

Code

724.200(h),

0

i 3

E;

-

056 6

---

19

unless otherwise specified

in this Appendix.

D.

Closure

1.

Changes to the closure plan:

1*

a.

Changes

in estimate of maximum extent of

operations

or maximum inventory of waste on—

site at any time during the active life of

the facility, with prior approval of the

Agency.

1*

b.

Changes

in the closure schedule for any unit,

changes

in the final closure schedule for thE

facility or extension of the closure period,

with prior approval of the Agency.

1*

c.

Changes

in the expected year of final

closure, where other permit conditions are

not changed, with prior

approval

of the

Agency.

1*

ci.

Changes in procedures

for decontamination of

facility equipment or structures, with prior

approval

of the Agency.

2

e.

Changes

in approved closure plan resulting

from unexpected events occurring during

partial

or final closure, unless otherwise

specified in this Appendix.

2

f.

Extension of the closure period to allow

a

landfill,

surface impoundment or land

-

treatment

unit

to

receive

non—hazardous

wastes after final receipt of hazardous

wastes

under

35

Ill. Ado.

Code 724.213(d)

or

(e).

2.

Creation of

a new landfill unit as part of

closure.

3.

Addition

of

the

following

new

units

to

be

use:’

temporarily for closure activities:

3

a.

Surface

impoundments.

3

b.

Incinerators.

c.

Waste piles that

do not comply with

3-S Il.

Ado.

Code 724.3~0(0).

2

d.

Waste piles that comply with

31

Ill.

Ado.

0

1

3 ~-0567

---

20

Code

724.350(c).

2

e.

Tanks or containers

(other than specified

below).

1*

f.

Tanks used for neutralization,

dewatering,

phase separation or component separation,

with prior approval of the Agency.

F.

Post-Closure

1.

Changes

in name, address or phone number of

contact in post-closure plan.

2

2.

Extension of post-closure care period.

3

3.

Reduction

in the post—closure care period.

4.

Changes to the expected year of

final closure,

where other permit conditions are not changed.

2

5.

Changes in post-closure plan necessitated by

events occurring during the active life of the

facility,

including partial and final closure.

F.

Containers

1.

Modification or addition of container units:

3

a.

Resulting

in greater than 25

increase

in th?

facility’s container storage capacity,

except

as provided in F(l) (c)

and F(4) (a)

2

F.

Resulting in up to 25

increase

in the

facility’s container storage capacity,

except

as provided in

F(l) (c)

and F(4) (a)

C.

Or treatment processes necessary to treat

wastes that are restricted from land

dispc-sa

to meet some or all of the applicable

treatment standards or to treat wastes to

satisfy

(in whole or in part)

the standard

o~

“use of practically available technology

that

yields the greatest environmental benef~

contained in

40 CFR 268.8(a) (2) (ii),

incorporated by reference

in

35

Ill.

Ado.

Code 726.108,

with prior approval

of the

Agency.

This modification may also- involve

the addition of new waste codes

or narrativc

description

of wastes.

It

is not applicatle

to dioxin—containing wastes

(F020,

F021,

F022,

F023,

F026-,

F027

and FO2E-).

0

:~

8

-056 6

---

21

2.

2

a.

Modification

of

a

container

unit

without

increasing the capacity of the unit.

b.

Addition of

a roof to

a container unit

without alteration of the containment system.

3.

Storage of different wastes

in containers,

except

as

provided

in

F(4):

a.

That require additional or different

management practices from those authorized

in

the permit.

2

F.

That do not require additional

or different

management practices from those authorized

in

the permit.

Note:

See Section 703.280(g)

for

modification procedures to be used for the

management of newly listed or identified

wastes.

4.

Storage or treatment of different wastes

in

containers:

2

a.

That require addition of units or change

in

treatment process or management standards,

provided that the wastes are restricted from

land disposal and are to be treated to meet

some or all of the applicable treatment

standards,

or are to be treated to satisfy

(in whole or in part) the standard of “use

of

practically available technology that yields

the greatest environmental benefit” contained

in 40 CFR 268.8(a) (2) (ii),

incorporated

by

reference in

35

Ill.

Ado.

Code 728.108.

It

is not applicable to dioxin—containing wastes

(F020,

F02l,

F022,

F023,

F026,

F027

and

F028)

b.

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,

FC23,

F026,

Y027 and FC2E)

C.

Tanks

3

a

-0569

---

22

1.

3

a.

Modification or

addition

of

tank

units

resulting in greater than 25

increase in the

facility’s tank capacity, except as provided

in paragraphs G(l)(c),

G(l)(d)

and G(l)(e).

2

b.

Modification or addition of tank units

resulting in up to 25

increase

in the

facility’s tank capacity, except as provided

in paragraphs G(l) (d’

anu G(l) (e).

2

c.

Addition of a new tank that will operate for

more than 90 days using any of the following

physical or chemical treatment technologies:

neutralization,

dewatering,

phase separation

or component separation.

1*

d.

After prior approval of the Agency,

addition

of a new tank that will operate for up to 90

days using any of the following physical or

chemical treatment technologies:

neutralization,

dewatering, phase separation

or component separation.

e.

Modification or addition of tank units or

treatment processes that are necessary to

treat wastes that are restricted from land

disposal to meet some or all

of the

applicable treatment standards or to treat

wastes to satisfy

(in whole or

in part)

the

standard of “use of practically available

technology that yields the greatest

environmental benefit” contained in 40 CFR

268.8(a) (2) (ii),

incorporated by reference

in

35 Ill. Ado. 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,

F02l,

F022,

F023,

F026,

F027 and F028)

2

2.

Modification of a tank unit or

secondary

containment system without

incrt. sing the capacity

of the unit.

3.

Replacement of

a tank with

a tank that meets thE

same design standards and ha:

a capacity within

+/-

10

of

the replaced tank provided:

a.

The capacity difference

is no more than

15CC

gallons,

---

b.

The facility’s permitted tank capacity

is not

increased and

c.

The replacement tank meets the same

conditions

in

the

permit.

2

4.

Modification of

a tank management practice.

5.

Management of

different wastes

in tanks:

3

a.

That

require

additional

or

different

management practices, tank design, different

fire protection specifications or

significantly different tank treatment

process from that authorized

in the permit,

except

as provided in paragraph G(5) (c).

2

F.

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.

c.

That require addition of units or change

in

treatment

processes

or management standards,

provided that the wastes are restricted from

land disposal and are to be treated to meet

some or all of the applicable treatment

standards,

or that

are to be treated to

satisfy

(in whole or in part)

the standard

of

“use of practically available technology

that

yields the greatest environmental benefit~

contained

in 40 CFR 268.8(a) (2) (ii),

incorporated by reference in

35 Ill. Ado.

Code 728.108.

The modification

is not

applicable

to

dioxin-containing

wastes

(P020,

P021,

F022,

P023,

F026, F027 and F028)

ci.

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.

,

incineratcr scrubber water;

This modification

is not applicable to

dioxin—containing wastes

(P020, FCIf F0~.

FC3,

F02E,

FC-27

and P028).

I

38-057j

---

24

H.

Surface Impoundments

3

1.

Modification or addition of surface impoundment

units that result

in increasing the facility’s

surface impoundment storage

or treatment capacity.

3

2.

Replacement of a surface impoundment unit.

2

3.

Modification of a

surface impoundment unit without.

increasing the facility’s surface impoundment

storage or treati~entcapacity and without

modifying the unit’s liner,

leak detection system

or leachate collection system.

2

4.

Modification of

a surface impoundment management

practice.

5.

Treatment,

storage or disposal of different wastes

in surface

impoundments:

3

a.

That require

additional

or

different

management practices or different design

of

the liner or leak detection system than

authorized in the permit.

2

b.

That do not require additional

or different

management practices or different design

of

the liner

or leak detection system than

authorized

in the permit.

Note:

See Section 703.280(g)

for

modification procedures to be used for the

management of newly listed or identified

wastes.

C.

That are wastes restricted from land diSposal

that meet the applicable treatment standards

or that are treated to satisfy the standard

of “use of practically available technology

that yields the greatest environmental

benefit” contained in 40 CFR 268.8(a) (2) (ii),

incorporated by reference

in 35

Ill.

Ado.

Code 728.108, and provided that the unit

meets the

Th~fl1j,. 1.m technological requirements

stated in 40 CFR 268.5(h) (2)

,

incorporated by

reference in 35

Ill. Ado. Code 728.105.

This

modification is not applicable to dioxin-

containing wastes

(P020,

F02l,

P022,

P023,

P02 6,

P027

and

F028)

ci.

That are residues from wastewater

treatmer.:

or incineration, provided the disposal occur~

013e-o572

---

25

in

a unit that meets the minimum

techndlogical requirements stated in 40 CFR

268.5(h) (2),

incorporated by reference

in

35

Ill. Ado. 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,

F02l,

P022,

F023,

F026,

F027

and

F028)

1*

6.

Modifications

of unconstructed units

to coni~lv

with 35 Ill.

Ado.

Code 724.321(c),

724.322,

724.323 and 724.326(d).

7.

Changes

in response action plan:

3

a.

Increase

in action leakage rate.

—

~

Change

in

a specific response reducing its

fre~ency or effectiveness.

2

—

~

Other changes.

31.

Enclosed Waste Piles.

For all waste piles,

except

those complying with 35

Ill. Ado.

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.

Ado. Code

724.350(c)

1.

Modification or addition of waste pile units:

3

a.

-

Resulting

in greater than 25

increase

in the

facility’s waste pile storage

or treatment

capacity.

2

b.

Resulting

in up to 25

increase

in the

facility’s waste pile storage or treatment

capacity.

2

2.

Modification of waste pile unit without increasing

the capacity of the unit.

3.

Replacement of

a waste pile unit with another

waste

pile

unit

of

the

same

design

and

capacity

and meeting

all waste pile conditions

in. the

perm:t.

4.

Mot~ficotion of

a

waste pile management practice.

1-.

Storacç~or treatment of different wastes

in wastc

n

I

(

—

-7

L~Li-,,

J~_~i~:~i

---

26

piles:

3

a.

That require additional

or different

management practices or different design of

the unit.

F.

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.

Landfills

and Unenclosed Waste Piles

3

1.

Modification or addition of landfill units that

result

in increasing the facility’s disposal

capacity.

3

2.

Replacement of a landfill.

3.

Addition or modification

of

a liner,

leachate

collection system,

leachate detection system, run-

off control or final cover system.

4.

Modification of a landfill unit without changing

a

liner,

leachate collection system,

leachate

detection system,

run—off control

or

final cover

system.

5.

Modification of

a landfill management practice.

6.

Landfill different wastes:

-

3

a.

That require additional or different

management practices,

different design of

the

liner,

leachate collection system or leachate

detection system.

2

F.

That do not require additional

or different

management practices,

different design of

the-

Lner,

leachate collection system

or leachat’.

detection system.

Note:

See Section 703.280(g)

for

modification

procedures

to

be

used

for

the

management

of

newJ y listed

or identified

wastes.

c.

That are

wastes

restricted

fro:

land

disco:..

---

27

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. Ado.

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. Ado.

Code 728.105.

This modification

is not

applicable to dioxin-containing wastes

(F020,

P021,

F022,

F023,

P026,

F027 and P028)

d.

That are residues from wastewater treatment

or incineration, provided the disposal occurs

in a landfill unit that meets the minimum

technological requirements stated

in 40 CFR

268.5(h) (2),

incorporated by reference in 35

Ill.

Ado.

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

(F02C~

F02l,

F022,

F023,

P026,

F027 and F028).

1*

7.

Modification

of

unconstructed units to comply with

35

Ill.

Ado. Code 724.351(c),

724.352,

724.353,

724.354(c),

724.401(c),

724.402, 724.403(c)

and

724.404.

8.

Changes

in response action plan:

a.

Increase

in action leakage rate.

—

b.

Change

in

a specific response reducing its

frequency or effectiveness.

2

—

~

Other changes.

K.

Land Treatment

3

1.

Lateral expansion of or other modification

of

a

land treatment unit to increase area extent.

2.

Modification

of run-on control

system.

Modify run—off control

system..

4.

Other modification

of

land treatment unit

component specifications

or standards

required

permit.

---

28-

5.

Management

of

different wastes

in land treatment

units:

3

a.

That require a change

in permit operating

conditions or unit design specifications.

2

F.

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.

6.

Modification of a land treatment unit management

practice to:

3

a.

Increase rate or change method of waste

application.

F.

Decrease rate of waste application.

2

7.

Modification

of a land treatment unit management

practice to change measures of pH or moisture

content or to enhance microbial or chemical

reactions.

3

8.

Modification

of

a land treatment unit management

practice to grow food chain crops,

to add to or

replace existing permitted crops with different

food chain crops or to modify operating plans for

distribution of animal feeds resulting from such

crops.

3

9.

Modification of operating practice due to

detection of releases from the land treatment unit

pursuant to 35

Ill.

Ado.

Code 724.378(g) (2).

3

10.

Changes

in the unsaturated zone monitoring system.

resulting in a change to the location,

depth,

number

of sampling points or replace unsaturated

zone monitoring devices or components of devices

with

devices or components that have

specifications different from p’~mit 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 repleoc

unsaturated

zone monitoring devices

or component:

of devices with devices or components having

specifications different

from permit rectireoc-nt:.

0138-0576

---

29

2

12.

Changes

in background values for hazardous

constituents

in soil and soil—pore liquid.

2

13.

Changes

in sampling, analysis or statistical

procedure.

2

14.

Changes in land treatment demonstration program

prior to or during the demonstration.

1*

1S.

Changes

in any condition specified

in the permit

for

a land treatment unit to reflect results of

the land treatment demonstration, provided

performance standards are met,

and the Agency’s

prior approval has

been received.

1*

10.

Changes to allow

a second land treatment

demonstration to be conducted when the results

of

the first demonstration have not shown the

conditions under which the wastes can be treated

completely,

provided

the

conditions for the second

demonstration are substantially the same as the

conditions for the first demonstration and have

received the prior approval of the Agency.

3

17.

Changes to allow a second land treatment

demonstration to be conducted when the results

of

the first demonstration have not shown the

conditions

under

which

the

wastes

can

be

treated

completely, where the conditions for the second

demonstration are not substantially the same as

the conditions for the first demonstration.

2

18.

Changes

in vegetative cover requirements for

closure.

L.

Incinerators,

Boilers

and

Industrial

Furnaces

1.

Changes to increase by more than 25

any of the

following limits authorized

in the permit: A

thermal

feed

rate

limit,

a

feedstrearn feed

ratE.

limit,

a chlorine/chloride feed rate limit,

a

metal

feed rate limit or an ash feed rate

limit.

The Agency shall require

a new trial burn to

substantiate compliance with the regulatory

performance standards unless

this demonstration

can be made through other means.

2

2.

Changes to increase by up to 25

any of

the-

following limits authorized

in the permit:

A

thermal

feed rate limit,

a feedstream

feed rate

limit,

a chlorine/chloride

feed rate limit,

a

metal

feed rate limit

or an ash feed rate limit.

p.-

/

I

‘1;

---

30

The Agency shall require

a new trial burn to

substantiate compliance with the regulatory

performance standards unless this demonstration

can be made through other means.

3

3.

Modification of an incinerator, boiler or

industrial furnace unit by changing the internal

size or geometry of the primary or secondary

combustion units, by adding

a primary or secondary

combustion unit,

by substantially charging the

design of any component used to remove HC1/C12,

metals or particulate from the combustion gases

or

by changing other features of the incinerator,

boiler or industrial furnace that could affect its

capability to meet the regulatory performance

standards.

The Agency shall require a new trial

burn to substantiate compliance with the

regulatory performance standards, unless this

demonstration can be made through other means.

2

4.

Modification of an 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.

5.

Operating requirements:

3

a.

Modification of the limits specified in the

permit for minimum or maximum combustion gas

temperature, minimum combustion gas residence

time,

oxygen concentration in the

secondary

combustion chamber,

flue gas carbon

monoxide

or hydrocarbon concentration, maximum

temperature at the inlet to the PM emission

control system or operating parameters

for

the air pollution control system.

The Agency

shall require

a new trial burn to

substantiate compliance with the regulatory

performance standards unless this

demonstration

an ~

made through other

means.

3

F.

Modification of any stack gas emission

lim.it~:

specified

in the permit,

or modification

cI

any conditions

in the permit

concerning

emergency shutdown

or automatic waste

feed

cutoff

procedures

or

controls.

0! 38-0578

---

31

c.

Modification

of

any other operating •condition

or any inspection or recordkeeping

requirement specified

in the permit.

Burning different wastes:

3

.

a.

If the waste contains a

POHC

that is more

difficult to burn than authorized by the

permit or if burning of the waste requires

compliance with different regulatory

performance standards than specified in the

permit,

the Agency shall require

a new trial

burn

to

substantiate

compliance

with

the

regulatory performance standards,

unless this

demonstration can be made through other

means.

2

b.

If the waste does not contain a POHC that

is

more difficult to burn than authorized by the

permit

and

if

burning

of

the

waste

does

not

require compliance with different regulatory

performance standards than specified in the

permit.

BOARD

NOTE:

See

Section

703.280(g)

for

modification procedures to be used for the

management

of newly listed or identified

wastes.

7.

Shakedown and trial

burn:

2

a.

Modification of the trial burn plan or any

of

the

permit

conditions

applicable

during

the

shakedown period

for

determining

operational

readiness after construction,

the trial burn

period or the period immediately following

the trial burn.

1*

F.

Authorization of up

to an additional 720

hours of waste burning during the shakedown

period for determining operational readiness

after construction, with the prior approval

of the Agency.

1*

c.

Changes

in the operating requirements set

in

the permit for conducting

a trial

burn,

provided the change

is minor and has received

the prior approval

of the Agency.

ci.

Change:

in the ranges

of the operating

requirements set

in. the permit to reflect tb~

result:

of

th?. trial

burn,

provided thc

L~ /~

---

32

change

is

minor

and

has

received

the

prior

approval of the Agency.

8.

Substitution of an alternate type of nonhazardous

waste

fuel

that

is not specified in the permit.

BOARD NOTE:

Derived from 40 CFR 270.42, Appendix

I

(1990),

as amended

at

56

Fed.

Reg.

7206,

February 21,

1991.

(Source:

Amended at 17

Ill.

Reg.

_____

,

effective

10

‘7

—

L..~

---

33

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.

720.103.

Purpose, Scope and Applicability

720.102

Availability

of Information; Confidentiality of

Information

720.103

Use of Number and Gender

SUBPART

B:

DEFINITIONS

Secticn

720.120

Definitions

720.111

References

SUBPART

C:

RULEMAKING PETITIONS AND OTHER PROCEDURES

Rulemaking

Alternative Equivalent Testing Methods

Waste Delisting

Procedures for Solid Waste Determinations

Solid Waste Determinations

Boiler Determinations

Procedures for Determinations

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

Appendix A

Overview of 40

CFR, Subtitle

C Regulations

AUTHOPJT~:

Implementing Section 22.4

and authorized by Section

27

of the Environmental Protection Act

(Ill.

Rev.

Stat.

1991,

oh.

ll1~,pars.

1022.4 and 1027).

SOURCE:

Adopted

in P.81—22,

43

PCB 427,

at

5

Ill. Reg.

9761,

effective

as noted in

35 Ill.

Ado.

Code 700.106; amended and

codified

in

P.83—22,

45

PCB

317,

at

6

Ill.

Reg.

4828,

effective

as

noted

in

35 Ill.

Adm. Code 700.106; amended

in R82-l9 at

7

Ill.

Req.

14015, effective Oct.

12,

1983;

amended

in P.84—9,

53

PCB 132

at

9

Ill.

Pea.

11819,

effective

July

24,

1985; amended

in R85—22

at

iC

flI.

Rec.

968-,

effective January

2,

1986;

amended

in R86—1

at

10

Ill.

Pea.

13998, effective August

12,

1986;

amended

in P86-

19

at

iC

11. Pea.

20630,

effective

December

2,

1986;

amended

in

at

12

III.

Peg.

6017,

effective March

24,

198-7;

am-ended

in

P316—46

at

12

Ill.

Pea,.

13425, effective

August

4,

1987;

amended

in P87—S at

Il

111.

Req.

19280,

effective November 12,

1987;

—

Section

720.120

720. 121

720. 122

720.130

720.131

720.132

720.133

720. 140

---

34

amended

in P87-26 at 12

Ill.

Reg. 2450,

effective January

15,

1988;

amended

in

P.87-39

at

12

Ill.

Reg.

12999,

effective July 29,

1988;

amended

in P.88-16 at

13

Ill. Reg.

362, effective December

27,

1988;

amended in P.89—1 at 13 Ill.

Reg.

18278,

effective

November

13,

1989;

amended

in

P.89—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—l0 at

14

Ill. Req.

16450,

effective September 25,

1990; amended in P.90—17

at 15

Ill.

Reg.

7934,

effective May 9,

1991; amended

in R90-11 at 15

Ill.

Reg.

9323,

effective June 17,

1991; amended in R91-l at

15

Ill.

Reg.

14446,

effective September 30,

1991;

amended in R91-13 at

16

Ill.

Peg.

9489,

effective June 9,

1992;

amended in P92—I at

16

Ill.

Peg.

17636,

effective November

6,

1992;

amended in

P.92—

10 at

17

Ill. Peg.

_____

,

effective

_________________

SUBPART

B:

DEFINITIONS

Section

720.110

Definitions

When

used

in

35 Ill. Ado.

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”.)

“AThinistrator” means the Administrator of the U.S.

Environmental Protection Agency or the Administrator’s

designee.

“Agency” means the Illinois Environmental Protectic-i~

Agency.

“Ancillary equipment”

means any device including,

but

0!

35-~~~

---

35

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 tc

a

process

stream)

,

and fluidized bed combustion

units; and

While

in operation,

the unit must maintain

a

thermal

energy recovery efficiency

of

at least

6

percent,

calculated

in terms of

the recovered

energy compared with the thermal value ef

the-.

fuel;

and

I

3H0583

---

36

The unit must export and utilize at least 75

percent of the recovered energy,

calculated on an

annual basis.

In this calculation, no credit

shall be given for recovered heat used internally

in

the

same

unit.

(Examples

of

internal

use

are

the preheating of fuel or combustion air,

and the

driving of induced or forced draft fans or

feedwater pumps)

;

or

The unit

is one which the Board has determined,

on

a case-by—case basis,

to be a boiler,

after

considering the standards in Section 720.132.

“Carbon regeneration unit” means any enclosed thermal

treatment device used

to regenerate spent activated

carbon.

“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.

“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

c-f

corrosion control

on buried or submerged metal piping~

systems and metal tanks.

Such a person must

be

certified

as being qualified by the Nationa

~

—~~cL,

~

,¼~J

L)~JL)~

---

37

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. Ado.

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. Ado.

Code

721.106(c) (2)

or 266.Subpart

F;

and

Which has been designated on the manifest by the

generator pursuant to 35

Ill. Ado.

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”

mean.: the discharge, deposit,

injection,

dumptng,

spilling,

leaking or placing

of any solid

waste

or hazardous waste into or on any land or water

sc

that

such

scCi-f waste

or hazardous waste

or any

C;

~~‘UU

---

38

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.

Ado.

Code 721.122 or are listed

in

35 Ill.

Ado. Code

72l.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. Ado. Code 721.Subpart

D and to each characteristic identified

in 35

Ill. Adn.

Code 721.Subpart

C.

“EPA

identification

number”

or

“USEPA

identification.

number”

means the number assigned by USEPA pursuant to

35

Ill.

Ado.

Code

722

through

725 to each generator,

transporter and treatment,

storage or disposal

facility.

“EPA

region”

means

the

states

and

te

-itories

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

o~

Puerto

Rico

and

the

U.S. Virgin Island:.

0J33-0586

-

---

39

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 contractua

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

syster’

or

“e:isting

component”

means

e-

~

I

3

b

-35~7

---

40

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.

Ado. Code 724 and 725 are no longer conducted at the

facility unless subject to the provisions

of

35 Ill.

Ado.

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

permit:

and approvals

required

‘der federal,

state or local

hazardous waste control statutes, regulations or

ordinances.

“Food-chain crops” means tobacco,

crops grown

for hum:~:.

consumption and crops grown

for feed for animals whos-

products are consumed by human:.

“Freeboard” means the vertical distance between the

te-:

0

!3E;-O56~

---

41

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. Ado. 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. Ado. Code 721.103.

“Hazardous

waste constituent” means a constituent which

caused the hazardous waste to

be listed

in 35 Ill.

Ado.

Code 72l.Subpart

D,

or

a constituent listed

in of

35

Ill. Ado.

Code 721.124.

“Hazardous waste management unit”

is

a contiguous

arc-a

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

plasm:

ar-c incinerator.

-

0

---

42

“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

rnig.it

produce heat or pressure,

fire or explosion,

violent reaction,

toxic dusts, mists,

fumes or

gases or flammable fumes or gases.

(See 35

Ill.

Ado. 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

(includin7

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

(iAFs)

for the production

c:

acid from halogenated hazardous waste generated b~

chemical production facilities where the furnace-

0

3

C

-

05 ~0

---

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 source:

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 and which

is

not listed as an industrial

furnace.

“Inoround tank” means

a device meeting the definition

of

“tank’

whereby

a portion

of the

tank wall

is

situated to any dearec with:n the ground,

thereby

rreventina visual

inspection of that external surface

area

of the tank that

is

in the ground.

---

44

“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.

---

45

“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. Ado. 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.

Ado. Code 730,

or

a unit

eligible for a research, development and demonstration

permit under

35 Ill.

Ado. 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,

l9SC-.

(See also “Existing hazardous waste management

facility”.)

r,,~

U

~.)O uJ.~

---

46

“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. Ado. 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 whr~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.

Ado. Code

724

or 725

ac

a

facility

which contains other active hazardous

waste-

management units.

For example,

partial closure may

include the closure

of

a tank

(including

it: associatc:

O59L~

---

47

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.

Ado.

Code 724

or 725.

“Pile” means any noncontainerized accumulation of

solid,

non-flowing hazardous waste that is used for

treatment or storage.

“Plasma arc incinerator” means any enclosed device

which uses

a high intensity electrical discharge or are-

as

a source of heat 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. Ado.

Code 310.110.

“Qualified

groundwater

scientist”

means

a

scientist

or

engineer who has received

a baccalaureate or post-

graduate degree

in the natural sciences or engineering,

and has sufficient training and experience

in

groundwater hydrology and related

fields,

as

demonstrated by state registration, professional

certifications or completion of accredited university

courses that enable the individual

to make sound

professional judgments regarding groundwater oonitorin~

and contaminant

fate and transport.

SOARL

NOTE:

“State registration” include:,

but i~

not limited to, registration

as

a professional

engineer with

the Department

of ProfessIonal

01 3E-0595

---

48

Regulation, pursuant to Ill.

Rev.

Stat.

1991,

ch.

111,

par. 5201 and 68

Ill. Ado. 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 Adoinistrator’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

wastewate~ tre~mentplant,

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 ha~

a total thermal

input,

excluding the heating value

of

the sludge itself,

of 2500 Btu/lb or less

of sludge

U

1

U

U

u

C-

---

49

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.

Ado.

Code 721.102.

“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

arid

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

0!

3 ~

-

7

---

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 a~doperated 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

characteristic:

and

volume:

of

residuals

from

a particular treatment process.

Also included

in this definition

for the purpose-

L

---

51

of

35

Ill. Ado. 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 syste~r~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 Island:.

“Unsaturated

zone’~ or “zone

of

aeration”

mean:

the

zone

between

the

land

surface

and

the water table

“USEPA”

mean:

United

States

Environmental

Protectio~.

I

P’’~

---

52

Agency.

“Vessel” includes every description of watercraft,

used

or capable of being used as

a means

of transportation

on the water.

“Wastewater treatment unit” means

a device which:

Is part of a wastewater treatment facility which

has an NPDES permit pursuant to 35

Ill. Ado.

Code

309 or a pretreatment permit or authcrizauion to

discharge pursuant to

35

Ill. Ado.

Code 310;

and

Receives and treats or stores an influent

wastewater which

is

a hazardous waste as defined

in

35

Ill. Ado.

Code 721.103, or generates and

accumulates a wastewater treatment sludge which

is

a hazardous waste as defined in

35 Ill.

Adrri.

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 intc 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” mean:

an area under the

control

of

the

owner

or operator that, upon

detecticn

of

a hazardous waste release,

can be readily cleaned ug

prior to the release of hazardous waste or hazardous

constituents to groundwater or surface water.

(Source:

Amended at 17

Ill.

Reg.

_____

,

effective

--

I

--

—

I

~

---

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL BOARD

SUECHAPTEP. c:

HAZARDOUS

WASTE OPERATING REQUIREMENTS

PART

721

IDENTIFICATION

AND

LISTING OF

HAZARDOUS

WASTE

SUBPART

A:

GENERAL

PROViSIONS

Section

722.101

Purpose

and

Scope

721.101

Definition

of Solid Waste

721.101

Definition of Hazardous Waste

721. 104

Exclusions

72l.l0~

Special

Requirements

for

Hazardous

Waste

Generated

by

Small Quantity Generators

721.1CC

Requirements

for

Recyclable Materials

721.107

Residues of Hazardous Waste in Empty Containers

721.106

PCB

Wastes Regulated under TSCA

SUBPART

B:

CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF

HAZARDOUS

WASTE

AND

FOR LISTING

HAZARDOUS

WASTES

Section

721.11:.

Criteria for Identifying the Characteristics of

Hazardous

Waste

721.1J.

Criteria

for

Listing

Hazardous Waste

SUBPART

C:

CHARACTERISTICS

OF HAZARDOUS

WASTE

Sect i on

721.120

General

721.12

Characteristic

of

Ignitability

721.221

Characteristic

of

Corrosivity

722.123

Characteristic

of

Reactivity

72.124

-

Toxicity

Characteristic

SUBPART

D:

LISTS OF HAZARDOUS WASTE

Section

722.131

General

721.131

Hazardous Wastes From Nonspecific Sources

721.231

Hazardous Waste from Specific Sources

721.133

Discarded Commercial Chemical Products,

Off-

Specification Species, Container Residues and Spill

Residues

Thereof

721.l3:d

Wood Preserving Wastes

721.Appcndix

A

Representative

Sampling

Methods

72l.Ap~er.d~xB Method 1311 Toxicity Characteristic Leaching

Procedure

(TCLP)

72.Ap:eni~x

C

Cnem:cal

Ana.ysis

Test

Methods

Ta~e

~:

Analytical

Characteristics

of

Organic Cnere-~ca~s

(Repealed)

Analytical Characteristics

of Inorganic

Specie:

01

3

~

-

o

---

54

Table

C

72l.Appendix G

721.Appendix H

72l.Appendix

I

Table A

Table

B

Table

C

Table

D

721 .Appendix

721.Appenclix

Z

(Repealed)

Sample

Preparation/Sample

Introduction

Techniques

(Repealed)

Basis for Listing Hazardous Wastes

Hazardous Constituents

Wastes Excluded under Section 720.120 and 720.122

Wastes Excluded from Non-Specific Sources

Wastes Excluded from Specific Sources

Wastes Excluded From Commercial Chemical Products,

Off—Specification Species, Container Residues,

and

Soil Residues Thereof

Wastes Excluded by Adjusted Standard

J Method of Analysis for Chlorinated Dibenzo-p-

Dioxins and Dibenzofurans

-

Table to Section 721.102

AUTHORITY:

Implementing Section 22.4 and authorized by Section

27

of the Environmental

Protection Act

(Ill.

Rev. Stat.

1991,

ch.

l1J)~,

pars.

1022.4

and

1027).

SOURCE:

Adopted in R8l—22,

43

PCB 427,

at

5

Ill. Reg.

9781,

effective

as

noted

in

35

Ill.

Ado.

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—l8,

51 PCB

31,

at

7

Ill.

Reg.

2518, effective February 22,

1983;

amended in R82-

19,

53

P013

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.

99E-,

effective

January

2,

1986;

amended in R85-2

at

10

Ill.

Reg.

8112,

effective

May

2,

1986; amended in R86—1 at 10

Ill. Reg.

14002,

effective

August

12,

1986;

amended

in R86—l9 at

10 Ill.

Reg.

20647,

effective

December

2,

1986;

amended

in

R86—28

at

11

Ill.

Recs.

603~,

effective March 24,

1987; amended in R86—46 at

11

Ill.

Peg.

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

P87—39

at

12

Ill.

Reg.

13006,

effective

July

29,

1988; amended

in

P88—16

at

13

Ill.

Reg.

382,

effective

December

27,

1988;

amended

in

R89-l

at

13 Ill.

Reg.

18300, effective November 13,

1989;

amended

in

R9O—2

at 14

Ill. Reg.

14401,

effective

August.

22,

1990;

amended

in

R90—lO

at

14

Ill.

Reg.

1L

72, effective

September

25,

1990;

amended

in

R90—l7

at

15

Ill.

Reg.

7950,

effective

May

9,

1991;

amended

in

R90—ll

at

15

Ill. Reg.

9332,

effective

June

17,

1991;

amended

in R9l-1

at

15

Ill.

Reg.

14473,

effective

September

30,

1991;

amended

in

R9l-12

at

16

Ill.

Rep.

21561,

effective

January

27,

1992;

amended

in

R9l—2E:

at

16

Il.

Rep.

2600,

effective February

3,

1992;

amended

in

P91—Il

at

10

Ill.

Rep.

9519,

effective June

9,

1992;

amended

in

P92—1

at

IC

Ill.

Pea..

17666,

effective

November

6,

1992;

amended

in

P.92—Il

fl

~

r

~r~’--

L)~)U

---

55

at

17

Ill.

Reg.

_____

,

effective

________________

SUBPART

A:

GENERAL PROVISIONS

Section 721.103

Definition

of Hazardous Waste

a)

A solid waste, as defined

in Section 721.102,

is

a

hazardous waste

if:

1)

It

is not excluded from regulation

as

a hazardous

waste under Section 721.104(b);

and

2)

It meets any of the following criteria-t:

A)

It exhibits any of the characteristics of

hazardous waste identified

in Subpart C ~

this Part.

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

Subpart

C

of this Part

is

a hazardous waste only:

if

it exhibits

a

characteristic that would not have been

exhibited by the excluded waste alone

if such

mixture had not occurred; or,

if

it continues

to exhibit any of the characteristics

exhibited by the non-excluded wastes prior

to

mixture.

Further,

for the purposes of

applying the

EP toxicity -(extraction

proocdurc toxicity), oharactcrthtic

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 nonexeniç7

waste prior to mixture.

B)

It

is

listed

in

Subpart

D

of

this

Partand

ha:

not been excluded

from the lists

in Subpart

Dof this Fart under 35

Ill.

Ado. Code 720.32-

and 720.122.

C)

It

is

a

mixture

of

a

solid

waste

and

a

hazardous waste that

is listed

in Subpart Dcl

this

Part

solely

because

it

exhibit:

one

or

more of the cnaracteristics

of hazardous

waste identified

in Subpart

C

of this Part,

unless- the resultant mixture

no longer

013E-0607

---

56

exhibits any characteristic of hazardous

waste identified

in Subpart C of this Part,

or unless the solid waste:-

is excluded from

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

the resultant mixture no longer exhibits any

characteristic of hazardous waste identified

in

Subpart

C of this Part for which the

hazardous waste listed

in Subpart 0 of this

Part was listed.

D)

it is a mi.ture of solid waste and one or

more hazardous wastes listed

in Subpart D~.f

this Part

and has not been excluded from

this

paragraph this subsection

(a) (2) under 35

Ill. Ado. Code 720.120 and 720.122; however,

the following

mixtures

of

solid

wastes

and

hazardous wastes listed

in Subpart

D of this

Part are not hazardous wastes

(except by

application of subsection

(a) (2) (A)

or

(B)T

above)

if the generator can demonstrate~that

the

mixture

consists

of wastewater the

discharge of which is subject to

regulation

under either

35 Ill.

Adin.

Code 309 or 310

(including wastewater at facilities which

have eliminated the discharge of wastewater)

and~

i)

One or more of the following opent

solvents

listed

in

Section

721.131

—

carbon tetrachioride, tctrachlorc

cthylcnctetrachloroethvlene,

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 prc-trcatincnt pretreatment

system does not exceed

1 part per

million;

or

ii)

One or more of the following spent

so1vent~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

e~--e~-e

fluorocarbon chiorofluorocarbon solvent:

-

provided that the inaximur total weekv

---

57

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 prc-trcatmc~

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 d-iochargcd discarded commercial

chemical product, or chemical

intermediate listed in Section 721.133,

arising from de mininiis 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.1

spills from

the unloading or transfer of materials

fr~rn

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

v)

Wastewater resulting from laboratory

operations containing toxic

(T)

wastes

listed in Subpart

D of this Fart,

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

prc-tre~mentpretreatment

system,

or

provide

that the wastes combined

annualized

average

concentration

doe:-

not exceed one part per million in

the-

0

3E~-O6O5

---

58

headworks of the facility’s wastewater

treatment or prc—trcatmcnt 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.

b)

A

solid

waste

which

is not excluded from regulation

under subsection

(a) (l)T above~-becomes

a hazardous

waste

when

any

of the following events occur:

1)

In the

case of

a waste listed in Subpart D

of this

Part,

description set forth in Subpart D of this Part.

2)

In

the

case of a mixture of solid waste and

one or

more listed hazardous wastes, when a hazardous

waste listed in Subpart D of this Part is first

added to the solid waste.

3)

In the case of any other waste

(including

a waste

mixture), when the waste exhibits any of the

characteristics

identified in Subpart C of

this

Part.

c)

Unless and until

it meets the criteria of subsection

(d)T

below:

1)

A hazardous waste will remain a hazardous waste.

2)

Specific inclusions and exclusions~

A)

Except as otherwise provided in subsection

(c) (2) (B)T 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

~claiuied material

is

burned for energy

recovery or used in a manner constitut~

r~g

disposal.)

B)

The following solid wastes are not hazardous

even

thouch

they

are

generated

from

the

treatment,

storage or disposal

of

a hazardou:

waste,