ILLINOIS POLLUTION CONTROL BOARD

October 24,

1991

IN THE MATTER OF:

)

R91—26

RCRA WOOD PRESERVING RULES

)

 (Identical

 in Substance Rules)

COMPLIANCE DATES

)

PROPOSAL FOR PUBLIC COMNENT

PROPOSED OPINION

AND

ORDER OF THE BOARD

 (by J. Anderson):

On August 8, 1991, the Board entered a final Opinion and Order

in R91-1.

 A!aong other things, the Board adopted new regulations

regulating wood preservers.

 These rules were derived from USEPA

regulations adopted at 55 Fed.

 Reg.

 50450, December 6,

 1990.

As

was

 discussed

on

p.

 11-14

of

the

 R9l—3.

 Opinion,

 USEPA

administratively stayed the wood preserving rules

at

 56 Fed Reg.

27332, June 13,

 1991.

 The Board addressed the stay in R91—l, even

though it was outside the normal batch period for the Docket.

As was discussed in the R91—l Opinion,

 com!nenters asked the

Board to delay adoption of the wood preserving rules until after

the

 USEPA

 administrative

 stay

 expired.

 Instead,

the

 Board

determined to adopt the USEPA wood preserving rules,

 along with

USEPA’s language staying the rules; however, the stay applied only

to

 those

who

 made

 prior

 date-certain

 filings

of

 required

information.

 To qualify for the USEPA administrative stay,

 wood

preservers

had

to

 notify

 USEPA

by

 August

6,

 1991,

 that

 they

intended to upgrade drip pads by placing an impermeable coating on

the surface.

 Wood preservers also have to notify USEPA by November

6,

 1991, with a plan and financial commitments for the upgrading,

which upgrading must then be completed by February 6,

 1992.

This Docket concerns only the non-HSWA portions of the wood

preserving

 rules.

 Non—HSWA requirements

 are not

 effective

in

authorized states, such as Illinois, until they are adopted by the

states.

 As was discussed on p.

 13 of the R91-.

 Opinion, USEPA and

wood preservers subject only to the non-HSWA portions of the USEPA

rules may have been operating on the assumption that Illinois would

not adopt the USEPA rules because of the USEPA stay and anticipated

USEPA modification of their rules.

 However,

 the Environmental

Protection Act (See Sections 7.2(a) and 22.4(a)) expects the Board

to adopt these

 rules,

 subject to the stay.

 In that the Board’s

action might have

 caused

 confusion,

 the Board had extended the

 initial

 notification date,

 from August 6 to November

6,

 1991,

to

qualify for the stay from the Board rules.

Since

the

 R91-1

 rules were filed however,

 Board staff has

received

 several

 calls

 from

 wood

 preservers

 claiming

 that the

coating operation requires outdoor temperatures

 in excess of 70.

126—7 15

F.

It

is

 therefore

 physically

 impossible to

 comply

 with

the

conditions of the stay by preparing

 a plan and carrying out

the

coating operation before February

 6, at least in Illinois.

As was discussed above,

 and in R91-l, USEPA has stayed these

requirements and may not expect the States to adopt them at all

until after the federal rules have been modified in a subsequent

rulemaking. In any event, 40 CFR 271.21(e) would not require State

action on the non-HSWA components until July

1,

 1992.

 The Board

is therefore now proposing to extend the upgrading compliance date

to July 1,

 1992.

 The Board will also extend the date for the plan

and

 financial

 cominittments

to

 February

6,

 1992,

to

 give

 wood

 preservers time to file the plan and financial committments after

the Board’s rules become effective.

Our instant proposal is a correction to R91—l, as contemplated

in Section 7.2(b)

 of the Act.

 In this Docket the Board

 is doing

that which it would have done in R91-1, had it been fully advised

of the facts.

The Board will therefore

 amend the

 “stay”

 language

 in the

Board Notes

 following listings F034 and F035

 in Section 721.131,

as is set forth below.

 It apparently is not necessary to amend the

operative language

 in Section 724.673

 and 725.543.

 The stay of

F032

 is HSWA-driven, and apparently cannot be extended.

The

 Board

 directs

 that the text

 of the proposed rules be

published in the Illinois Register.

 The Board will receive public

comment

for

45

 days

 following

 the date

of

 publication

in

the

Illinois Register.

 Because of the time constraints

 involved in

advancing these dates, the Board cautions that it will act quickly

following expiration of the comment period, and does not anticipate

allowing post—adoption comment.

ORDER

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL

BOARD

SUBCHAPTER

 HAZARDOUS

WASTE

OPERATING

REQUIREMENTS

PART

721

IDENTIFICATION

AND

LISTING OF

HAZARDOUS WASTE

SUBPART A:

 GENERAL PROVISIONS

Section

721.101

 Purpose and Scope

721.102

 Definition of Solid Waste

721.103

 Definition of Hazardous Waste

721.104

 Exclusions

126—716

721.105

 Special Requirements

 for Hazardous Waste

 Generated by

Small Quantity Generators

721.106

 Requirements for Recyclable Materials

721.107

 Residues of Hazardous Waste in Empty Containers

721.108

 PCB Wastes Regulated under TSCA

SUBPART

B:

 CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

 Criteria for Identifying the Characteristics of Hazardous

Waste

721.111

 Criteria for Listing Hazardous Waste

SUBPART C:

 CHARACTERISTICS

OF HAZARDOUS WASTE

Characteristic of Ignitability

Characteristic of Corrosivity

Characteristic of Reactivity

Toxicity Characteristic

Section

721.130

721.131

 Hazardous Wastes From Nonspecific Sources

 721.132

 Hazardous Waste from Specific Sources

721.133

 Discarded Commercial Chemical Products, Off—Specification

Species, Container Residues and Spill Residues Thereof

721.135

 Wood Preserving Wastes

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-Specification Species, Container Residues, and

Soil Residues Thereof

General

Section

721.120

721.121

721.122

721. 123

721.124

SUBPART D:

 LISTS OF HAZARDOUS WASTE

General

126—717

4

Appendix 3

 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.

111½, pars.

 1022.4 and 1027).

SOURCE:

 Adopted

in

 R81-22,

43

PCB

 427,

at

5

 Ill.

 Reg.

 9781,

effectivp

as

 noted

in

35

 Iii.

Adm.

 Code

 700.106;

 amended

and

codified in R81—22,

 45 PCB 317, at 6

 Ill. Reg.

 4828,

 effective as

noted in 35 Ill. Adm. Code 700.106; amended in R82-18,

 51 PCB 31,

at

7

 Ill. Reg.

 2518, effective February 22,

 1983; amended in R82-

19,

 53 PCB 131, at 7 Ill.

 Reg.

 13999, effective October 12,

 1983;

amended

 in R.4-34,

 61 PCB 247,

at

8

 Ill.

 Reg.

 24562,

 effective

December

11,

 1984;

 amended

in

 R84—9,

at

9

 Ill.

 Reg.

 11834,

effective July 24,

 1985;

 amended in R85—22 at

10

 Ill.

 Reg.

 998,

effective January 2,

 1986;

 amended in R85—2 at 10

 Ill.

 Reg. 8112,

effective May

2,

 1986;

 amended in R86—1

at

10

 Ill.

 Reg.

 14002,

effective August 12,

 1986; amended in R86—19 at 10 Ill. Reg. 20647,

effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035,

effective March 24, 1987; amended in R86—46 at 11 Ill. Reg. 13466,

effective August 4, 1987; amended in R87—32 at 11 Ill.

 Reg..

 16698,

effective September

30,

 1987;

 amended

 in R87-5

at

11

 Ill.

 Reg.

19303,

 effective November 12,

 1987;

 amended in R87—26 at

12

 Ill.

Reg. 2456, effective January 15,

 1988; amended in R87-30 at 12 Ill.

Reg.

 12070, effective July 12,

 1988; amended in R87—39 at 12 Ill.

Reg. 13006, effective July 29,

 1988; amended in R88—l6 at 13 Ill.

Reg.

 382, effective December 27, 1988; amended in R89-l 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-l0 at

14

 Ill. Reg.

 16472, effective September 25,

 1990; amended in R90-

17 at 15 Ill. Reg.

 7950, effective May 9,

 1991; amended in R90—ll

at 15 Ill. Reg. 9332, effective June 17, 1991; amended in R91—l at

15 Ill.

 Reg.

 effective

;

 amended in R91-

26 at

 Ill. Reg.

 effective

SUBPART D:

 LISTS OF HAZARDOUS WASTE

Section 721.131

 Hazardous Wastes From Nonspecific Sources

a)

 The following solid wastes

 are listed hazardous wastes

from non—specific sources unless they are excluded under

35

 Ill.

 Adm.

 Code

 720.120 and

 720.122

and

 listed

in

Appendix I.

E

P

 A Industry and Hazardous Waste

 Haz-

Hazardous

a r

Waste No.

 Code

126—718

5

FOOl

The

 following

 spent

 halogenated

(T)

solvents

 used

in

 degreasing:

 tetra—

chloroethylene,

 trichloroethylene,

methylene

 chloride,

 1,1,l—trichloro-

ethane,

 carbon

 tetrachloride

and

chlorinated

 fluorocarbons;

all

 spent

 solvent

 mixtures

and

 blends

 used

in

degreasing

 containing,

 before

 use,

a

total

of

ten

 percent

or

 more

(by

volume)

of

one

or

 more

of

the

 above

halogenated solvents

 or those

 solvents

listed in F002, F004 or F005;

 and still

bottoms

 from

the

 recovery

of

 these

spent

 solvents

and

 spent

 solvent

mixtures.

F002

The

 following

 spent

 halogenated

(T)

solvents:

 tetrachioroethylene,

methylene chloride,

 trichloroethylene,

1,1, 1—trichloroethane,

 chlorobenzene,

1,1,2-trichloro-1, 2, 2-trifluoroethane,

orthodichlorobenzene,

 trichloro—

fluoroinethane

and

 1,1,2—trichloro—

ethane;

 all spent solvent mixtures and

blends containing,

 before use,

 a total

of ten percent or more

 (by volume)

of

one

or

 more

of

the

 above

 halogenated

solvents

or

 those

 solvents

 listed

in

FOOl,

 F004 or F005;

and

 still

 bottoms

from

the

 recovery

of

 these

 spent

solvents and spent solvent mixtures.

F003

The

 following

 spent

 non-halogenated

(I)

solvents:

 xylene,

 acetone,

 ethyl

acetate,

 ethyl

 benzene,

 ethyl

 ether,

methyl

 isobutyl

 ketone,

 n-butyl

alcohol,

 cyclohexanone

and

 methanol;

all

 spent

 solvent mixtures and blends

containing,

 before use, only the above

spent non—halogenated solvents; and all

spent

 solvent

 mixtures

and

 blends

containing,

 before use, one or more of

the above non—halogenated solvents and

a

 total

of

ten

 percent

or

 more

 (.by

volume)

of

one

or

 more

of

 those

solvents listed in FOOl,

 F002,

 F004 or

F005;

and

 still

 bottoms

 from

the

recovery

of

 these

 spent

 solvents

and

spent solvent mixtures.

F004

The

 following

 spent

 non—halogenated

(T)

solvents:

 cresols

and

 cresylic

 acid

126—719

6

and

 nitrobenzene;

all

 spent

 solvent

mixtures and blends

 containing,

 before

use,

 a total of ten percent or more

(by

volume)

of

one

 or more

of

the

 above

non-halogenated

 solvents

or

 those

solvents

listed

FOOl,

F002

F005;

and still bottoms

 from the recovery of

these

spent

 solvents and spent solvent

mixtures.

FOO5

The

following

spent

non-halogenated

(

solvents:

toluene,

methyl

ethyl

ketone,

carbon

disulfide,

isobutano.,

pyridine,

benzene,

2—ethoxyethanol

and

2—nitropropane;

all

spent

solvent

mixtures and blends, containing, before

use, a total of ten percent or more (by

volume)

one

 more

of

the

 above

non—halogenated

solvents

those

solvents

listed

FOOl,

F002

F004;

and still bottoms from the recovery of

these spent solvents and spent

 solvent

mixtures.

F006

Wastewater

treatment

sludges

from

(T)

electroplating

operations

except

from

the

 following

 processes:

(1)

 sulfuric

acid

 anodizing

of

 aluminum;

(2)

tin

plating

on

 carbon

 steel;

(3)

 zinc

plating

(segregated

 basis)

on

 carbon

steel;

(4)

 aluminum

or

 zinc—aluminum

plating

on

 carbon

 steel;

(5)

cleaning/stripping associated with tin,

zinc

and

 aluminum

 plating

on

 carbon

steel;

and

(6)

 chemical

 etching

and

milling of aluminum.

FO19

 See Below

FOO7

 Spent

 cyanide

 plating

 bath

 solutions

(

from electroplating operations.

T)

F008

 Plating bath residues from the bottom

(

of

 plating

 baths

 from

 electroplating T)

operations where

 cyanides are used

in

the

process.

F009

 Spent

 stripping

and

 cleaning

 bath

(

solutions

from

electroplating

operations

where

cyanides

are

used

the process.

126—7 20

7

FOlO

 Quenching bath residues from oil baths

(

R

from

 metal

 heat

 treating

 operations

T)

where

cyanides

are

used

the

process.

FOil

Spent

cyanide

solutions

from

salt

bath

(

R

pot cleaning

 from metal

 heat

 treating T)

operations.

F0l2

 Quenching wastewater treatment sludges

(T)

from

metal

heat

treating

operations

where

cyanides

are

used

 the process.

F019

 Wastewater

 treatment

 sludges

 from the

(T)

chemical

conversion

coating

aluminum

except

from

zirconium

phosphating

aluminum

can

washing

when

such

phosphating

exclusive

 conversion

coating

process.

F020

Wastes

(except

wastewater

and

spent

(H)

carbon

 from

 hydrogen

 chloride

purification)

 from

the

 production

or

manufacturing

use

(as

a

 reactant,

chemical intermediate or component in a

formulating process)

 of tn-

 or tetra-

chlorophenol,

 or of intermediates used

to produce their pesticide deri.vatives.

(This

 listing does

not

 include

 wastes

from

 the production of hexachlorophene

from

 highly

 purified

 2,4,5-trichioro—

phenol.

)

F021

 Wastes

 (except

 wastewater

and

 spent

(H)

carbon

 from

 hydrogen

 chloride

purification)

 from

the

 production

or

manufacturing

use

(as

a

 reactant,

chemical intermediate or component in a

formulating

 process)

of

 pentachioro—

phenol,

or

of

 intermediates

 used

to

produce

its

derivatives.

FO22

 Wastes

 (except

 wastewater

and

 spent

(H)

carbon

from

hydrogen

chloride

purification)

from

the

 manufacturing

use

(as

reactant,:

chemical

intermediate

component

formulating process)

of

 tetra—,

 penta—

or

 hexachlorobenzenes

 under

 alkaline

conditions.

F023

 Wastes

 (except

 wastewater

and

 spent

(H)

carbon

 from

 hydrogen

 chloride

126—72 1

purification)

 from

the

 production

of

materials on equipment previously used

for the production or manufacturing use

(as

a

 reactant,

 chemical

 intermediate

component

formulating

process)

of tn-

 and tetnachlorophenols.

 (This

listing

 does

not

 include

 wastes

 from

equipment used only for the production

or use

 of hexachiorophene

 from highly

purified 2,4,5- tnichlorophenol.

FO24

 Process

 wastes

 including

but

not

(T)

limited

to,

 distillation

 residues,

heavy ends,

 tars,

 and reactor cleanout

wastes,

 from the production of certain

chlorinated

 aliphatic

 hydrocarbons

by

free

 radical

 catalyzed

 processes.

These

 chlorinated

 aliphatic

hydrocarbons

are

 those

 having

 carbon

chain

 lengths ranging from one to and

including

 five,

 with

 varying

 amounts

and positions of chlorine substitution.

(This

 listing

 does

not

 include

wastewaters,

 wastewater

 treatment

sludges,

 spent

 catalysts

and

 wastes

listed

in

 this

 Section

or

 Section

721.132.)

FO25

 Condensed light ends,

 spent filters and

(T)

filter aids,

 and spent desicant wastes

from

the

 production

of

 certain

chlorinated

 aliphatic

 hydrocarbons

by

free

 radical

 catalyzed

 processes.

These

 chlorinated

 aliphatic

 hydrocarbons

are

 those

 having

 carbon

chain

 lengths ranging

 from one

 to and

including

 five,

 with

 varying

 amounts

and positions of chlorine substitution.

F026

 Wastes

 (except

 wastewater

and

 spent

(H)

carbon

from

hydrogen

chloride

purification)

 from

the

 production

of

materials on equipment previously used

for

the

manufacturing

use

(as

reactant,

 chemical

 intermediate

or

component

formulating

process)

tetra—,

penta—

hexachlorobenzene

under alkaline conditions.

FO27

 Discarded

 unused

 formulations

(H)

containing tn—,

 tetra— or pentachloro—

phenol or discarded unused formulations

126—722

9

containing compounds derived from these

chiorophenols.

 (This

 listing does not

include

 formulations

 containing

 hexa—

chiorophene

 synthesized

 from

prepurified

2,4,

5-trichiorophenol

the sole component).

F028

 Residues

 resulting

 from

the

(T)

incineration

thermal

treatment

soil

 contaminated with hazardous waste

numbers

FO2O,

FO21,

FO22,

F023,

F026

and FO27.

FO32

 Wastewaters,

 process

 residuals,

(T)

preservative

 drippage

and

 spent

formulations

 from

 wood

 preserving

processes

 generated

at

 plants

 that

currently

 use or have previously used

chlorophenolic

 formulations

 (except

potentially

 cross—contaminated

 wastes

that

 have

had

the

 F032

 waste

 code

deleted

in

 accordance

 with

 Section

721.135

and

 where

the

 generator

 does

not resume or

 initiate use of chloro—

phenolic

 formulations).

 This

 listing

does

not

 include

 KOOl

 bottom

 sediment

sludge from the treatment of wastewater

from wood preserving processes that use

creosote or pentachiorophenol.

BOARD NOTE:

 The listing of wastewaters

that

 have

not

 come

 into

 contact

 with

process

 contaminants

is

 stayed

administratively.

The

 listing

for

plants

 that

 have

 previously

 used

chlorophenolic

 formulations

is

administratively

 stayed whenever these

wastes

are

covered

the

F034

FO35

listings.

 These

 stays will remain

in

effect

 until

 further

 administrative

action

taken.

Furthermore,

the

FO32

listing

administratively

stayed

with

respect

the

 process area receiving

drippage

these

wastes

provided

persons

desiring

 continue operating

notify

 USEPA

by

 August

6,

1991,

their intent to upgrade or install drip

pads,

and

November

1991,

provide

evidence

to

 USEPA

 that

 they

 have

adequate financing to pay for drip pad

 upgrades

or

 installation,

as

 provided

in

 the administrative

 stay.

 The stay

126—7 23

10

of listings will remain

 in effect until

February

6,

 1992,

for

 existing

 drIp

pads,

 and until

May

6,

 1992,

 for new

drip pads.

F034

 Wastewaters,

 process

 residuals,

(T)

preservative

 drippage

and

 spent

formulations

from

wood

preserving

processes

generated

plants

that

use

creosote

formulations.

This

listing

does

 not include K001 bottom

 sediment

sludge from the treatment of wastewater

from wood preserving processes that use

creosote

pentachiorophenol.

BOARD

 NOTE:

 The listing of wastewaters

that

have

not

 come

 into

 contact with

process

contaminants

stayed

administratively.

 These

 stays

 will

remain

in

 effect

 until

 further

administrative

 action

is

 taken.

Furthermore, the F034 and F035 listings

are

 administratively

 stayed

 with

respect to

the

process

area

receiving

drippage of these wastes provided that,

by Novembcr

6,

 1~1February 6.

 1992,

persons desiring

 to continue operating

notify

 the Agency

 of their

 intent

to

upgrade

or

 install

 drip

 pads,

and

provide

 evidence

to

the

 Agency

 that

they have adequate financing to pay for

drip pad upgrades

or

 installation,

as

provided

in

the

 administrative

 stay.

The

 stay

of

 listings

 will

 remain

in

effect

 until

 February

6,

 l~92, for

existing

 drip

 pads,

and

 until

May

6,

1~2, for new drip pad2July 1.

 1992.

FO35

 Wastewaters,

 process

 residuals,

(T)

preservative

 drippage

and

 spent

formulations

 from

 wood

 preserving

processes

generated

plants

that

use

inorganic

preservatives

containing

arsenic

chromium.

This

listing

does

not include KOOl bottom sediment sludge

from the treatment of wastewater

 from

wood

 preserving

 processes

 that

use

creosote or pentachlorophenol.

BOARD NOTE:

 The listing of wastewaters

that

 have

not

 come

 into

 contact with

process

 contaminants

is

 stayed

126—724

administratively.

 These

 stays

 will

remain

in

 effect

 until

 further

administrative

 action

is

 taken.

Furthermore,

 the F034 and F035 listings

are

 administratively

 stayed

 with

respect to

 the process

 area

 receiving

drippage of these wastes provided that,

by

 Novcinber

6,

 l99lFebruarv

6.

 1992,

persons desiring to continue operating

notify

 the Agency

of

 their

 intent to

upgrade

or

 install

 drip

 pads,

and

provide

evidence

the

Agency

that

they have adequate financing to pay for

drip pad upgrades or

 installation,

as

provided

in

the

 administrative

 stay.

The

 stay

of

 listings

 will

 remain

in

effect

 until

 February

6,

 1992,

for

existing drip

 pads,

 and until

May

6,

1002,

 for new drip pad33uly

1,

 1992.

FO37

 Petroleum

 refinery

 primary

 oil/water/

(T)

solids separation sludge

 Any sludge

generated

 from

the

 gravitational

separation

of

 oil/water/solids

 during

the

 storage

or

 treatment

of

 process

wastewaters

and

 oily

 cooling

wastewaters

 from petroleum refineries.

Such

 sludges

 include,

but

are

not

limited

to,

 those generated

in:

 oil/

water/solids

 separators;

 tanks

and

impoundments;

 ditches

and

 other

conveyances;

 suiups;

and

 stormwater

units

 receiving

dry

 weather

 flow.

Sludges

 generated

in

 stormwater units

that do not receive dry weather

 flow,

sludges

 generated

in

 aggressive

biological

 treatment units

as

 defined

in subsection

 (b) (2)

 (including sludges

generated

in

one

or

 more

 additional

units

 after

 wastewaters

 have

 been

treated

in

 aggressive

 biological

treatment

 units)

and

 K051

 wastes

are

not included in this listing.

F038

Petroleum

refinery

secondary

(T)

(emulsified)

oil/water/solids

separation

sludge

-—

Any

 sludge

or

float

 generated

 from

the

 physical

or

chemical separation of oil/water/solids

in process wastewaters and oily cooling

wastewaters

 from petroleum refineries.

Such

 wastes

 include,

but

are

not

126—725

12

limited

to,

all

sludges

and

 floats

generated

in:

 induced air

 floatation

 (IAF)

 units,

 tanks

and

 impoundments,

and all sludges generated in DAF units.

Sludges

 generated

 in stormwater

 units

that do not receive dry weather

 flow,

sludges

 generated

in

 aggressive

biological

 treatment

 units

as

 defined

in subsection

 (b) (2)

 (including sludges

generated

in

one

or

 more

 additional

units

 after

 wastewaters

 have

 been

treated

in

 aggressive

 biological

treatment units),

 F037,

 K048

 and K051

wastes

are

not

 included

in

 this

listing.

F039

 Leachate resulting from the

 treatment,

(T)

storage

or

 disposal

of

 wastes

classified by more than one waste code

under

 Subpart

D,

 or from a mixture of

wastes classified under Subparts

 C and

D.

 (Leachate

 resulting

 from

the

management

of

one

or

 more

of

the

following USEPA hazardous wastes and no

other

 hazardous

 wastes

 retains

its

hazardous waste

 code(s):

 F020,

 F021,

F022, P023, FO26,

 FO27 or P028.)

BOARD NOTE:

 The primary hazardous properties of these

materials

 have

 been

 indicated

by

the

 letters

T

(Toxicity),

R

 (Reactivity),

I

 (Ignitability),

and

C

(Corrosivity).

 The letter H indicates Acute Hazardous

Waste.

Listing

specific

definitions.

1)

 For the purpose of the FO37 and FO.38 listings,

 oil!

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

2)

 For the purposes of the F037 and F038 listings:

A)

 Aggressive

 biological

 treatment

 units

are

defined

as

 units

 which

 employ

one

of

the

following four treatment methods:

 activated

sludge; trickling filter; rotating biological

contactor

for

the

 continuous

 accelerated

biological oxidation of wastewaters; or, high-

rate aeration.

 High—rate aeration is a system

of

 surface

 impoundments or

 tanks,

in

 which

intense

 mechanical

 aeration

is

 used

to

completely mix the wastes, enhance biological

activity, and:

126—7 26

13

i)

 The units employ a minimum of 6 horsepower

per million gallons of treatment volume;

and either

ii)

 The hydraulic retention time of the unit

is no longer than

 5 days; or

iii)

The hydraulic

retention

time

longer

than

days

and

the

 unit

 does

not

generate

sludge

that

hazardous

waste

the

toxicity

 characteristic.

Generators

and

 treatment,

 storage or

disposal

(TSD)

 facilities have the burden

 of proving

that their sludges are exempt from listing as

F037

or

 F038

 wastes

 under

 this

 definition.

Generators and TSD facilities shall maintain,

their

operating

other

site

 records,

documents and data sufficient to prove that:

i)

The

 unit

is

an

 aggressive

 biological.

treatment

 unit

as

 defined

in

 this

subsection; and

ii)

The

 sludges

 sought

 to be exempted from

P037 or F038 were actually generated in

the aggressive biological treatment unit.

3)

 Time of generation.

 For the purposes of:

A)

 The F037 listing, sludges are considered to be

generated at the moment of deposition in the

unit, where deposition is defined as at least

a

 temporary

 cessation

of

 lateral

 particle

movement.

B)

 The F038 listing:

Sludges

 are considered to be generated at

the moment

of

 deposition

in

the

 unit,

where

deposition

defined

least

temporary

cessation

lateral

particle

movement; and

ii)

 Floats are considered to be generated at

the moment they are formed in the top of

the unit.

(Source:

 Amended at

15

 Ill.

 Reg.

 effective

ORDERED.

126—7 27

14

I, Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

hat the above Pr

 on and Order

 Board, do hereby cert

was adopted on the

___________

 day of

 1991, by a

vote of

7~)

Clerk

Illinois Pol(on

 Control Board

126—728