ILLINOIS POLLUTION CONTROL BOARD
February 28, 1991
IN THE MATTER OF:
)
)
R90—17
RCRA DELISTINGS
)
Identical
in Substance
)
Rulemaking
ADOPTED RULES.
FINAL ORDER.
ORDER OF THE BOARD
(by J. Anderson):
Pursuant to Section 22.4(a)
of the Environmental
Protection Act
(Act),
the Board
is amending
the RCRA hazardous waste regulations
in
35 Ill. Adm.
Code 720 and 721.
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
regulations which are
“identical
in substance°to federal regulations;
Section 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 makes technical changes to the Board’s
hazardous waste delisting procedures, based
on USEPA’s delegation of delisting
authority to Illinois at
55 Fed.
Reg. 7320, March
1,
1990.
This Order
is supported by an Opinion adopted this same day.
The text of the amendments
is attached to this Order.
The complete text
will
appear
in the Illinois Register in the near future.
The Board will allow
30 days for post—adoption comment from the agencies involved
in the
authorization process before filing the rules.
IT
IS
SO ORDERED
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board1
hereby
certify that the abov~Order was adopted on the
~
day of
_____________
1991, by a vote of
~O
.
(7
iinois
Control
Board
119—193
—2-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE
DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM:
GENERAL
SUBPART A:
GENERAL PROVISIONS
Section
720.101
Purpose, Scope and Applicability
720.102
Availability of Information; Confidentiality of Information
720.103
Use of Number and Gender
SUBPART
B:
DEFINITIONS
Section
720.110
Definitions
720.111
References
SUBPART C:
RULEMAKING PETITIONS AND OTHER PROCEDURES
Section
720.120
Rulemaking
720.121
Alternative Equivalent Testing Methods
720.122
Waste Delisting
720.130
Procedures for Solid Waste Determinations
720.131
Solid Waste Determinations
720.132
Boiler Determinations
720.133
Procedures for Determinations
720.140
Additional regulation of certain hazardous waste Recycling
Activities on a case—by—case Basis
720.141
Procedures for case-by-case regulation of hazardous waste Recycling
Activities
Appendix A Overview of
40 CFR, Subtitle
C Regulations
AUTHORITY:
Implementing Section 22.4 and authorized by Section 27 of the
Environmental
Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2,
pars.
1022.4
and 1027).
SOURCE:
Adopted
in R81-22,
43 PCB 427,
at
5
Ill. Reg. 9781, effective as
noted
in 35 Ill.
Adm. Code 700.106; amended and codified
in R81-22,
45 PCB
317, at
6 Ill. Reg. 4828, effective as
noted
in 35
Ill. Adm. Code 700.106;
amended
in R82—19
at
7
Ill.
Reg.
14015, effective Oct.
12,
1983;
amended
in
R84—9,
53 PCB
131 at 9
Ill.
Reg. 11819, effective July 24,
1985;
amended
in
R85-22
at
10
111.
Reg. 968, effective January
2,
1986; amended
in R86-1 at
10
Ill.
Reg.
13998, effective August
12,
1986;
amended
in R86—19 at
10
Ill. Reg.
20630, effective December 2,
1986; amended
in R86-28 at
11
Ill.
Reg. 6017,
effective March
24,
1987;
amended
in R86-46 at 11
Ill.
Reg.
13435, effective
August
4,
1987;
amended
in R87-5 at 11
Ill.
Reg. 19280, effective November
12,
1987;
amended
in R87-26 at
12
Ill. Reg. 2450, effective January 15,
1988;
amended
in R87—39
at
12 Ill. Reg. 12999, effective July 29,
1988;
amended
in R88—16 at
13
Ill.
Reg. 362, effective December 27,
1988;
amended
in R89-1
at
13
Ill.
Reg. 18278, effective November
13,
1989;
amended
in R89—2
at
14
Ill.
Reg. 3075,
effective February-2O~ 1990;
amended
in R89—9 at
14
119—194
-3—
Ill.
Reg. 6225, effective April
16,
1990;
amended in
R9O-10 at 14
Ill.
Reg.
16450, effective September 25, 1990;
amended
in R9O—17
at
15
Ill.
Reg.
effective
SUBPART B:
DEFINITIONS
Section 720.111
References
a)
The following publications are incorporated
by reference:
ANSI.
Available from the American National
Standards Institute,
1430 Broadway, New York,
New York
10018,
(212)
354—3300:
ANSI 831.3 and B31.4.
See ASME/ANSI 831.3 and B31.4
API.
Available from the American Petroleum Institute,
1220
L
Street,
N.W.,
Washington,
D.C.
20005,
(202)
682-8000:
“Guide for Inspection of Refinery Equipment, Chapter XIII,
Atmospheric and Low Pressure Storage Tanks,” 4th Edition,
1981,
reaffirmed December,
1987.
“Cathodic Protection of Underground Petroleum Storage Tanks
and Piping Systems,” API Recommended Practice 1632, Second
Edition, December,
1987.
“Installation of Underground Petroleum Storage Systems,”
API Recommended Practice 1615,
Fourth Edition, November,
1987.
ASME.
Available from the American Society of Mechanical
Engineers, 345 East 47th Street, New York,
NY
10017,
(212)
705-
7722:
“Chemical Plant and Petroleum Refinery Piping”, ASME/ANSI
831.3
—
1987,
as supplemented by B31.3a
—
1988 and B31.3b
-
1988.
Also available from ANSI.
“Liquid Transportation Systems for Hydrocarbons, Liquid
Petroleum Gas, Anhydrous Ammonia,
and Alcohols”, ASME/ANSI
831.4
—
1986,
as supplemented by B31.4a
-
1987.
Also
available from ANSI.
ASTM.
Available from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103,
(215)
299—
5400:
“ASTM Standard Test Methods for Flash
Point of Liquids by
Setaflash Closed Tester,”
ASTM Standard 0—3828—87.
“ASTM Standard Test Methods for Flash Point Pensky-Martens
Closed Tester,”
ASTM Standard 0—93—79 or 0—93-80.
GPO.
Available from the Superintendent of Documents,
U.S.
119—195
-4—
Government Printing Office, Washington, D.C.
20402,
(202)
783—
3238:
Standard Industrial Classification Manual
(1972), and 1977
Supplement, republished
in 1983
“Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods”, EPA Publication SW-846
(November,
1986)
and
Revision
I
(December,
1987), Document Number 955-001-00000—
1
NACE.
Available from the National Association of Corrosion
Engineers,
1400 South Creek Dr., Houston, TX
77084,
(713) 492—
0535:
“Control
of External Corrosion on Metallic Buried,
Partially Buried, or Submerged Liquid Storage Systems”,
NACE Recommended Practice RPO285-85, approved March,
1985.
NFPA.
Available from the National Fire Protection Association,
Batterymarch Park,
Boston, MA
02269,
(617) 770-3000 or (800)
344—3555:
“Flammable and Combustible Liquids Code”
NFPA 30,
issued
July 17,
1987.
Also available from ANSI.
NTIS.
Available from the National Technical
Information
Service, 5285 Port Royal
Road,
Springfield, VA
22161,
(703)
487-4600:
“Generic Quality Assurance Project Plan for Land Disposal
Restrictions Program”, EPA/53O—SW—87—O11, March
15,
1987.
(Document number PB 88—170766.1
“Methods for Chemical Analysis of Water and Wastes”, Third
Edition, March,
1983.
(Document number PB 84—128677)
“Petitions
to Delist Hazardous Wastes
-—
A Guidance
Manual”, EPA/53O—SW—85-OO3,
April,
1985.
(Document Number
PB 85-194488
“Procedures Manual
for Ground Water Monitoring
at Solid
Waste Disposal Facilities”, EPA—530/SW—611,
1977.
(Document number PB 84-174820)
“Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods,”
See GPO.
STI.
Available from the Steel Tank Institute, 728 Anthony
Trail, Northbrook,
IL
60062,
(312) 498—1980:
“Standard for Dual Wall Underground Steel Storage Tanks”
(1986).
119—196
—5—
USEPA.
Available from United States Environmental Protection
Agency, Office of Drinking Water,
State Programs Division, WH
550 E,
Washington,
D.C.
20460:
“Technical Assistance Document:
Corrosion,
Its Detection
and Control
in
Injection Wells”, EPA 570/9—87—002, August,
1987.
b)
Code of Federal
Regulations.
Available from the Superintendent of
Documents, U.S. Government Printing Office, Washington,
D.C.
20401,
(202)
783—3238:
10 CFR 20, Appendix B
(1989)
40 CFR 136 (1989)
40 CFR 142 (1989)
40 CFR 220 (1989)
40 CFR 260.20 (1989)
40 CFR 264 (1989)
40 CFR 302.4, 302.5 and 302.6 (1989)
40 CFR 761
(1989)
c)
Federal Statutes
Section 3004 of the Resource Conservation and Recovery Act (42 U.S.C.
6901 et seq.),
as amended through December 31,
1987.
d)
This Section incorporates no later editions or amendments.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
SUBPART
C:
RULEMAKING PETITIONS AND OTHER PROCEDURES
Section 720.120
Rulemaking
a)
Any person may petition the Board to adopt
as
State regulations rules
which are identical
in substance with newly—adopted federal
amendments or regulations.
The petition shall
take the form of
a
proposal for rulemaking pursuant to 35
111. Adm. Code 102.
The
proposal
shall
include
a listing of all amendments to 40 CFR 260
through
—~6~—266
and 268 which have been made since the last
preceding amendment or proposal to amend
35
Ill. Adm. Code 720
through
—~2g—726
and
728, pursuant to Section 22.4(a) of the
Environmental Protection Act.
b)
Any person may petition the Board to adopt amendments or additional
regulations not identical
in substance with federal regulations.
Such proposal
shall conform to
35 Ill. Adm. Code 102 and Title VII
119—197
—6-
and Section 22.4(b) or 22.4(c) of the Environmental Protection Act.
(Source:
Amended
at
15
Ill.
Reg.
,
effective
)
Section 720.122
Waste Delisting
~
Any person seeking to exclude
a waste from a particular generating
facility from the
lists
in
35
Ill. Adm. Code 721.Subpart
0 may file a
petition,
as specified in subsection
(n).
The Board will grant the
petition
if:
fl
The petitioner demonstrates that the waste produced by a
particular generating facility does not meet any of the criteria
under which the waste was
listed
as
a hazardous or acute
hazardous waste;
and
~
If the Board determines that there is
a reasonable basis to
believe that factors (including additional constituents) other
than those for which the waste was listed could cause the waste
to be
a hazardous waste, that such factors do not warrant
retaining the waste
as
a hazardous waste.
A Board determination
under the preceding sentence must be made
by reliance on,
and
in
a manner consistent with,
“Petitions to Delist
--
A Guidance
Manual”, incorporated by reference in Section 720.111.A waste
which
is so excluded, however, still may be
a hazardous waste by
operation of
35 Ill. Adm. Code 721.Subpart
C.
p~
Listed wastes and mixtures.
A person may also petition the Board
to
exclude from 35
Ill.
Adm. Code 721.1O3(a)(2)(B)
or (C), a waste which
is described
in these Sections and
is either a waste listed
in
35
Ill.
Adm. Code 721.Subpart D, or
is derived from a waste
listed
in
that Subpart.
This exclusion may only be granted for a particular
generating,
storage, treatment or disposal facility.
The petitioner
shall
make the same demonstration as required by subsection
(a).
Where the waste
is
a mixture of
a solid waste and one or more listed
hazardous wastes or is derived from one or more listed hazardous
wastes,
the demonstration must be made with respect to the waste
mixture
as
a whole;
analyses must be conducted for not only those
constituents
for which the listed waste contained
in the mixture was
listed_as_hazardous,
but also for factors (including additional
constituents) that could cause the waste mixture to be
a hazardous
waste.
A waste which
is
so excluded may still
be
a hazardous waste
by operation of 35
111.
Adrn. Code 721.Subpart
C.
~
Ignitable, corrosive, reactive and toxicity characteristic wastes.
If the waste
is
listed
in codes
“I”, “C”,
“R”
or
“E”
in
35
Ill. Adm.
Code 721.Subpart
0:
The petitioner shall
demonstrate that the waste does not exhibit
the relevant characteristic for which the waste was
listed,
as
defined
in 35
Ill.
Adm. Code 721.121, 721.122, 721.123 or
721.124, using any applicable methods prescribed
in those
Sections.
The petitioner shall
also show that the waste
not exhibit any of the other characteristics, defined
in
does
those
II
119—198
-7—
Sections, using any applicable methods prescribed
in those
Sections
~
Based on
a complete petition, the Board will determine,
if
it
has a reasonable basis
to believe that factors (including
additional
constituents) other than those for which the waste
was listed could cause the waste to be hazardous waste, that
such factors do not warrant retaining the waste
as
a hazardous
waste.
A Board determination under the preceding sentence must
be made by reliance on, and
in
a manner consistent with,
“Petitions to Delist
--
A Guidance Manual”, incorporated
by
reference
in Section 720.111.
A waste which
is so excluded,
however, may still
be
a hazardous waste
by operation of
35
Ill.
Adm. Code 721.Subpart
C.
~j
Toxic waste.
If the waste
is
listed
in code “T”
in 35 Ill. Adm. Code
721.Subpart 0:
~
The petitioner shall
demonstrate that the waste:
~
Does not contain the constituent or constituents
(as
defined
in
35
Ill. Adm. Code 721.Appendix G) that caused
USEPA to list the waste, using the appropriate test methods
prescribed
in
35
Ill.
Adm. Code 721.Appendix C;
or
~
Although containing one or more of the hazardous
constituents
(as defined
in
35
111.
Adm. Code 721.Appendix
G) that caused USEPA to list the waste, does not meet the
criterion of
35
Ill. Adm. Code 721.111(a)(3) when
considering the faótors used
in 35 Ill. Adm. Code
721.111(a)(3)(A) through
(K) under which the waste was
listed
as
hazardous;
and
~
Based
on
a complete petition, the Board will determine,
if
it
has a reasonable basis to believe that factors (including
additional
constituents) other than those for whi:h the waste
was
listed could cause the waste to be hazardous waste, that
such factors do not warrant retaining the waste as
a hazardous
waste.
A Board determination under the preceding sentence must
be made by reliance on,
and
in
a manner consistent with,
“Petitions
to Delist
-—
A Guidance Manual”, incorporated by
reference in Section 720.111.
~
The petitioner shall
demonstrate that the waste does not exhibit
any of the characteristics, defined
in
35
Ill.
Adni. Code
721.121, 721.122, 721.123 or 721.124, using any applicable
methods prescribed
in those
Sections.
~)
A waste which
is
so excluded, however, may still
be
a hazardous
waste
by operation of
35
Ill.
Adm. Code 721.Subpart
C.
~
Acute hazardous waste.
If the waste
is
listed with the code “H”
in
35
Ill.
Adm. Code 721.Subpart
D:
119—199
-8-
fl
The petitioner shall demonstrate that the waste does not meet
the criterion of 35
Ill.
Adm. Code 721.111(a)(2);
and
~)
Based on a complete petition,
the Board will determine,
if
it
has a reasonable basis to believe that factors
(including
additional constituents) other than those for which the waste
was listed could cause the waste to
be hazardous waste,
that
such factors do not warrant retaining the waste as a hazardous
waste.
A Board determination under the preceding sentence must
be made by reliance on,
and
in a manner consistent withy
“Petitions to Delist
--
A Guidance Manual”, incorporated by
reference in Section 720.111.
~
The petitioner shall
demonstrate that the waste does not
exhibit any of the characteristics, defined
in 35
Ill.
Adm.
Code 721.121, 721.122, 721.123 or
721.124, using any
applicable methods prescribed
in those Sections.
~
A waste which
is
so excluded, however, may still
be a
hazardous waste by operation of 35 Ill.
Adm. Code
721.Subpart
C.
~j
Demonstration samples must consist of enough representative samples,
but in
no case less than four samples, taken over a period of time
sufficient
to represent the variability or the uniformity of the
waste.
fl
Each petition must include,
in addition to the information required
by subsection
(n):
fl
The name and address of
the laboratory facility performing the
sampling or tests of the waste
~
The names and qualifications of the persons sampling and testing
the waste
~
The dates of
sampling and testing
~
The location of the generating facility
~
A description of the manufacturing processes or other operations
and
feed materials producing the waste and
an assessment of
whether such processes, operations or feed materials can or
might produce a waste which
is not covered by the
demonstration
~
A description of
the waste and an estimate of the average and
maximum monthly and annual
quantities of waste covered by the
demonstration
fl
Pertinent data on and discussion
of the factors delineated
in
the respective criterion for listing a hazardous waste, where
the demonstration is based on the factors
in
35
Ill. Adm. Code
721.111(a) (3)
119—200
—9--
~
A description of the methodologies and equipment used to obtain
the representative samples
~j
A description of the sample
handling and preparation techniques,
including techniques used for extraction, containerization and
preservation of the samples;
A description of the tests performed (including results)
~fl
The names and model
numbers of the instruments used
in
performing the tests;
and
~
The following statement signed by the generator or the
generator’s authorized representative:
I certify under penalty of law that
I have personally
examined and am familiar with the information submitted in
this demonstration and all
attached documents,
and that,
based on my inquiry of those individuals immediately
responsible for obtaining the information,
I
believe that
the submitted information
is true, accurate
and complete.
I am aware that there are significant penalties for
submitting false information1,
including the possibility of
fine and imprisonment.
~
After receiving a petition, the Board may request any additional
information which the Board needs to evaluate
the petition.
~J
An exclusion will only apply
to the waste generated at the individual
facility covered by the demonstration and will not apply to waste
from any other facility.
fl
The Board will exclude only part of the waste for which the
demonstration
is submitted
if the Board determines that variability
of the waste
justifies a partial exclusion.
BOARD NOTE:
See “Petitions to Delist Hazardous Wastes
—-
A Guidance
Manual”,
incorporated by reference
in Section 720.111.
a
rn)
—Ger~e~a3~e34st4R~se~d-Delisting of specific wastes from specific
sources which have been adopted by USEPA may be proposed
as —s—State
regulations which are identical
in substance pursuant to Section
720.120(a).
r,)
Delistings which have not been adopted by USEPA may be proposed to
the Board pursuant to ~e?t4~R
Q~42Q~b~j
~eweve~ ~h4sdoes ~t
that
the gea~has a~ithe~4tyt~a~o~ts~?~de34st4~sT The
~ea~ w443 ~ete~4newhether
4t
has a~the~4ty
te ~e34sts~ehwastes
a ease-~y—?ase~as4sTapetition for adjusted standard pursuant to
35 111.
Adm. Code 106.Subpart
S.
The justification
for the adjusted
standard is
as
specified
in subsections
(a) et seq.,
as applicable to
the
waste
in
question.
119—201
—10--
fl
In accordance with 35
Ill.
Adni.
Code 106.710, the petitioner
shall
serve copies of the petition, and any other documents
filed with the Board,
on USEPA
at the following addresses:
USEPA
Office of Solid Waste and Emergency Response
Washington, D.C.
20460
USEPA,
Region V
230 S. Dearborn Street
Chicago,
IL
60604
fl
The Board will mail copies of
all opinions and orders to USEPA
at the above addresses.
~
In conjunction with the normal updating of the RCRA regulations,
the Board will maintain,
in
35 Ill. Adm. Code 721.Appendix
I,
a
listing of
all adjusted standards granted
by the Board.
?
a)
The Agency may determine
in a permit or a letter directed to a
generator that,
based on 35 Ill.
Adni. Code 721, a waste from a
particular source
is not subject to these regulations.
Such a
finding
is evidence against the Agency
in any subsequent proceedings
but shall
not be conclusive with reference to other persons or the
Board.
4
p)
-The Beard 4RGer~eratesby re~e~enee
49 GFR 260T22 ~9gg)~ as amended
at ~4Red~Re~~
271~6~
June 2~~9g9~ Th4s Seet4on 4neerperates ne
future amendments or
ed4t4onsT
-Any petition to delist directed to
the Board or request for determination directed to
the Agency -sha3~
4n?~dethe 4acermat4en re~u4redby 49 G~R260T22 and a shew4n~that
the de44st4n~needs to be adopted as
a part of the ~334no4sRCRA
pre~ra~w1-—mustinclude a showing that the waste will be generated or
managed
in
Illinois.
e
g)
—Waste de~4st4n~s
w41-4 not be ap~reved4f the ~esu~.t
wo~3dmake the
3434no4s pre~ram~essthan s~thstant4a43yeq~i4va4entto the federah-
The Board will
not grant any petition which would render the Illinois
RCRA program less stringent than if the decision were made by USEPA.
f
r)
Delistings —w43— apply only within Illinois.
Generators
shall
comply with 35
Ill. Adm. Code 722 for waste which
is hazardous in any
state
to which
it
is to be transported.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
119—202
—11—
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE 5:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 721
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A:
GENERAL PROVISIONS
Purpose of Scope
Definition of Solid Waste
Definition of Hazardous Waste
Exclusions
Special Requirements for Hazardous Waste Generated
by Small
Quantity Generators
Requirements for Recyclable Materials
Residues of
Hazardous Waste
in Empty Containers
PCB Wastes
Regulated under TSCA
SUPBART B:
CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Criteria for Identifying
the Characteristics of Hazardous Waste
Criteria for Listing Hazardous Waste
SUBPART C:
CHARACTERISTICS OF HAZARDOUS WASTE
SUBPART 0:
LISTS OF HAZARDOUS WASTE
General
Hazardous Wastes From Nonspecific Sources
Hazardous Waste from Specific Sources
Discarded Commercial
Chemical Products, Off-Specification
Species, Container Residues and
Spill
Residues Thereof
Appendix A
Appendix
B
Appendix
C
Table
A
Table
B
Table
C
Appendix
G
Appendix
H
Appendix
I
Table
A
Table
B
Table
C
Representative Sampling Methods
Method
1311 Toxicity Characteristic Leaching Procedure (TCLP)
Chemical Analysis Test Methods
Analytical Characteristics of Organic Chemicals (Repealed)
Analytical Characteristics of Inorganic Species (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—
Section
721.101
721.102
721. 103
721.104
721.105
72~..1O6
721. 107
721. 108
Section
721.110
721.111
Section
721.120
721. 121
721.122
721.123
721.124
Section
721.130
721. 131
721. 132
721. 133
General
Characteristic of Ignitability
Characteristic of Corrosivity
Characteristic of Reactivity
Toxicity Characteristic
119—203
—12-
Specification Species, Container Residues, and Soil Residues
Thereof
Appendix J
Method of Analysis for Chlorinated Dibenzo—p—Dioxins and
Dibenzofurans
Appendix
Z
Table to Section 721.102
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the
Environmental Protection Act
(Ill. Rev. Stat.
1989,
ch.
111
1/2, pars.
1022.4
and
1027).
SOURCE:
Adopted
in R81—22, 43 PCB 427, at
5
Ill.
Reg. 9781, effective as
noted
in 35
Ill. Adm. Code 700.106; amended and codified
in R81—22,
45 PCB
317,
at
6
Ill.
Reg. 4828,
effective as noted
in
35
Ill.
Adm. Code 700.106;
amended
in R82-18,
51 PCB 31, at
7
111.
Reg. 2518, effective February 22,
1983;
amended
in R82—19,
53 PCB
131, at
7
Ill. Req.
13999, effective October
12,
1983;
amended
in R84-34,
61 PCB 247, at
8
Ill. Reg.
24562, effective
December 11,
1984; amended
in R84—9,
at
9
Ill.
Reg.
11834, effective July 24,
1985;
amended
in R85—22
at
10
Ill.
Reg. 998, effective January
2,
1986;
amended
in R85-2 at
10
Ill.
Req. 8112, effective May 2,
1986;
amended
in R86—1
at
10
Ill.
Reg.
14002, effective August
12,
1986; amended
in R86—19 at 10
Ill.
Reg. 20647, effective December
2,
1986; amended
in R86—28 at
11
111.
Req.
6035,
effective March 24,
1987;
amended
in R86-46 at
11 111. Req.
13466,
effective August
4,
1987;
amended
in R87-32
at
11 Ill.
Reg. 16698, effective
September 30,
1987;
amended
in R87-5 at
11
Ill.
Reg.
19303, effective
November
12,
1987;
amended
in R87-26 at
12
Ill.
Reg. 2456, effective January
15,
1988;
amended
in R87-30 at
12
Ill. Reg.
12070, effective July
12,
1988;
amended
in R87—39 at
12
Ill.
Req.
13006, effective July 29,
1988;
amended
in
R88—16 at
13
Ill.
Req. 382, effective December 27, 1988;
amended
in R89—1
at
13 Ill. Reg.
18300, effective November
13,
1989;
amended
in R90—2
at
14
Ill.
Reg. 14401, effective August 22, 1990;
amended
in R90-1O
at
14
Ill.
Req.
16472, effective September 25,
1990;
amended
in R9O—17
at
15
Ill.
Req.
effective
SUBPART B:
CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTE
Section 721.110
Criteria for Identifying the Characteristics of
Hazardous Waste
-The bas4s of the hazardous waste ?hara?ter4st4es 4s ~4venat 49 GFR ~e?t4on
26h4QT
The ?hara?ter4st4?s are found
at ~eet4en72h~2QetT se~T—
~
USEPA identifies and defines
a characteristic of hazardous waste
in
Subpart
C only upon determining that:
II
A solid waste which exhibits the characteristic may:
~j
Cause,
or significantly contribute to, an increase
in
mortality or an increase in serious irreversible, or
incapacitating reversible,
illness;
or
~
Pose
a
substantial present or potential hazard
to
human
health or the environment when
it
is improperly treated,
stored,
transported, disposed of
or otherwise managed;
and
119—204
—13—
~
The characteristic can be:
~
Measured by
an available standardized test method which
is
reasonable within the capability of generators
of solid
waste or private sector laboratories which are available to
serve generators of solid waste;
or
~
Reasonably detected by generators of solid waste through
their knowledge of their waste.
pj
Delisting procedures are contained in
35
Ill.
Adm. Code 720.122.
(Source:
Amended at
15
111.
Reg.
,
effective
)
Section 721.111
Criteria for Listing Hazardous Waste
a)
_~ggPA.i~s?r4ter4a for 34st4ng hazardous waste are 94ven at 49 G~R
ge?t4on
26T3~T
-USEPA lists
a solid waste
as
a hazardous waste only
upon determining that the solid waste meets one of the following
criteri a:
11
It exhibits any of the characteristics
of hazardous waste
identified
in Subpart C;
or
b
2)
—~P~
34st~ Acute hazardous wastes are
4sted 4n ge?t4on
~24~T4~e~T
Acute hazardous wastes are these wh4?h have been
found to be
fatal-T
Acute tox4? wastes are those wh4ch have—
Acute hazardous waste.
It
has been found to be fatal
to humans
in
low doses or,
in the absence of data on human toxicity,
it
has been shown in
studies to
have an oral
LD
50 toxicity
(rat)
of less than 50 mg/kg, an inhalation LC 50 toxicity
(rat)
of
less than
2 mg/—4—L, or a dermal
LD
SO toxicity (rabbit)
of
less
than 200 mg/kg or
is otherwise capable of causing or
significantly contributing to an increase
in serious
irreversible or incapacitating reversible,
illness.
BOARD NOTE:
-f-Waste listed
in accordance with these criteria
-w443
be-are
designated Acute Hazardous Waste--~-.
~
Toxic waste.
It contains any of the toxic constituents listed
in Appendix
H and, after considering any of the following
factors, USEPA concludes that the waste
is capable of posing
a
substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported or
disposed of, or otherwise managed:
BOARD NOTE:
Substances are listed
in Appendix
H
only if they
have been shown
in scientific studies to have toxic,
carcinogenic, mutagenic or teratogenic effects on humans or
other
life forms.
~j
The nature of the toxicity presented by the constituent.
~
The concentration of
the constituent in the waste.
119—205
-14-
~1
The potential of the constituent or any toxic degradation
product of the constituent
to migrate from the waste into
the environment under the types
of improper management
considered
in subsection (a)(3)(G).
~
The persistence of
the constituent or
any toxic degradation
product of
the constituent.
~
The potential for the constituent or any toxic degradation
product of the constituent
to degrade into nonharmful
constituents and the rate of degradation.
~
The degree to which the constituent or any degradation
product of the constituent bioaccumulates
in ecosystems.
~
The plausible types of improper management to which
the
waste could
be subjected.
!±).
The quantities of
the waste generated at
individual
generation sites or on a regional or national basis.
fl
The nature and severity of the
human health and
environmental damage that has occurred as
a result of the
improper management of the wastes containing the
constituent.
~
Action taken
by other governmental
agencies or regulatory
programs based on the health
or environmental
hazard posed
by the waste or waste constituent.
~çj
Such other factors as may be appropriate.
BOARD NOTE:
Wastes listed
in accordance with these
criteria are designated toxic wastes.
~
USEPA may
list classes or types
of solid waste
as hazardous waste
if
USEPA has reason to believe that individual
wastes, within the class
or type of waste, typically or frequently are hazardous under the
definition of hazardous waste found
in Section 1004(5)
of the
Resource Conservation and Recovery Act
(42 USC 6901 et
seq.)
c)
_U~&PA~Ls
er4ter4a for 44st4n~hazardous waste are g4ven at 49 G~R
~ect4on264T~~—USEPA
will
use the criteria for listing specified
in
this Section to establish the exclusion limits referred to
in Section
721.105(c).
(Source:
Amended
at
15
Ill.
Reg.
,
effective
)
119—206
