ILLINOIS POLLUTION CONTROL BOARD
July
19,
1990
IN
THE
MATTER
OF:
)
R9O—17
RCRA DELJSTINGS
)
Rulemaking
PROPOSAL FOR
PUBLIC COMMENT
PROPOSED ORDER
OF THE BOARD
(by
R.
Flemal):
Pursuant to Section 22.4(a)
of the Environmental
Protection Act
(Act),
the Board
is proposing to
amend
the RCRA hazardous waste
regulations.
Section 22.4
of the Act governs adoption of “egulations establishing the
RCRA program
in
Illinois.
Section 22.4(a)
provides
for quick adoption
of
“egulations 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 Comittee
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 Proposed Order
is
supported by
a Proposed Opinion adopted this
same
day.
The text of the proposed amendments will
be attached
to this Order.
The
complete text will appear
in the Illinois Register
in the
near future.
The
Board
will
receive public comment
on the
proposal
for
a period
of
45
days
after the date of publication
in the Illinois Register.
IT
IS
SO ORDERED
I, Dorothy
M. Gunn,
Clerk
of the Illinois Pollution Cont~olBoard,
hereby
certify that
the
above Proposed Order was adopted
on the
/2~~
day
of
_______________,
1990,
by
a vote
of
~
/
—7
~,
/~~)
Dorothy
M. G~, Clerk
Illinois
Po’~11ution Control Board
113—391
-2-
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE
DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
C:
HAZARDOUS WASTE
OPERATING REQUIREMENTS
PART
720
HAZARDOUS
WASTE
T’IANT\GEMENT
SYSTEM:
GENERAL
SUBPART
A:
GENERAL
PROVISIONS
Secti
on
720.101
Purpose,
Scope
and
Applicability
720.102
Availability
of
Infomoation;
Confidentiality
of
Information
720. 103
Usc
of
9un9er
and
Gender
SUBPART
B:
DEFINITIONS
Section
720.110
Defiritions
720.111
Refenences
SUBPART
C:
RULEMAKING
PETITiONS
AND
YHER
PROCEDURES
Section
720.120
Rulemaking
720. 121
Al te~-natiye
Equi
ial ent
Testing Methods
720.122
Waste
Delisting
720. 130
Procedu’~es for
Sol id
Waste
Determinations
720.131
Solid
Waste
Dete~mi
nations
720.132
Boiler
Determinations
720.133
Procedures
for
Detemninations
/20.140
Additional
~-egulation
of
certain
hazardous
waste Recycling
Activities
on
a
case-by-case
Basis
720. 141
Procedures
for
case-by—case
regulation
of
hazardous
waste
Recycl
ing
Acti vi ti
es
Appendix A Overview
of
40
CFR,
Subtitle
C
Regulations
AUTHORITY:
Implementing Section 22.4 and authorized
by
Section
27
of
tCe
Environmental
Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in P81-22,
43
RED 427,
at
5 111.
Peg.
9781,
effective
as
noted
in
35 Ill.
Adm. Code 700.108;
amended
and codified
in P31—22,
45
PC3
317,
at
6 Ill.
Reg.
4823,
effective
as
noted
in
35
Ill.
Adm.
Code 700.106;
amended
in P82-19
at
7 Ill.
Peg.
14015, effective Oct.
12,
1983;
amended
in
P34—9,
53
PCB
131 at
9
111.
Peg. 11819,
effective July 24,
1985;
amended
in
P85-22
at
10
111.
Peg.
968,
effective Janua~y2,
1986;
amended
in P86-i
at
10
ill.
Peg.
13998,
effective August
12,
1936;
am~nde~
in
236—19
at
10
ill.
Peg.
20630,
effec+ive
December
2,
1986;
.i~erded in
R86—23
at
11
Ill
.
Peg.
6317,
effective
Mt~’cn24,
1997,
c~eHeu
in
P86-46
e~ii
i
Peg
13435,
effecl lye
August
4,
1987;
amended
in
P97—S
a:
11
111
.
Peg.
19280,
effective
November
12,
1937;
amended
-
P87—26
at
12
111.
Reg.
2480,
effective
January
15,
1983;
amended
in
237-39
at
12
111.
Peg.
12999,
effective
July
29,
1986;
amended
in
P38-15
at
13
ill.
Peg.
362,
effective
Decembe~ 27,
1983;
amended
in
P.89—I
at
13
1
1.
Peg.
18272,
effective
Noveribe~ 13,
1989;
amended
in
P89-2
at
~.
111.
Reg.
3029,
effective
February
20,
1990;
amended
in
RSe—9
et
ia
ii
3—392
-3—
Ill. Reg.
6225, effective April
16,
1990;
amended
in R90—1O
at
14 Ill.
Reg.
,
effective
;
amended
in R9O—17
at
14
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 B31.3
and 831.4.
See ASME/AMSI
B31.3 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,
“eaffirmed December,
1987.
“Cathodic Protection
of Underground Petroleum Storage Tanks
and Piping Systems,” API
Recommended Practice
1632,
Second
Edition, December,
1987.
“installation of Underground Pet~oleumStorage Systems,”
API
Recornended
Practice
1615,
Fourth Edition, November,
1987.
ASME.
~vailablefrom the American Society
of Mechanical
Engineers,
345 East 47th Street, New York, MV
10017,
(212)
705-
7722:
“Chemical
Plant
and Petroleum Refinery Piping”, ASME/ANSI
B31.3
—
1987,
as
supplemented
by B31.3a
—
1988 and B31.3b
-
1988.
Also available from
ANSI.
“Liquid Transportation Systems for Hydrocarbons, Liquid
Petroleum Gas, Anhydrous Ammonia,
and Alcohols”,
ASME/ANSI
B31.4
—
1986,
as
supplemented
by B31.4a
—
1987.
Also
available from ANSI.
ASTM.
Available from American Society for Testing
and
Materials,
1916 Race Street, Philadelphia,
PA
19103,
(215)
299—
5400:
“ASTM Standard Test Methods For Flash
Point
of Liquids
by
Setaflash Closed
Tester,”
ASTM Standard D—3828—87.
“ASTM Standard Test Methods
for Flash Point
Pensky—Martens
Closed Tester,”
ASTM Standa”d D-93—79
or D—93—8O.
GPO.
Available from the Superintendent of Documents, U.S.
113—393
-4-
Gov~srnmentPrinting
Office,
Wasiington,
D.C.
20401,
(202)
733—
Standa”d
Indust—iai
Classification
Manual
(1972),
and
1977
Supplement,
republished
in
1983
WAGE.
Available
from
the
National
Associ ati
on
of
Corrosion
Engineers,
1400
South
C~eekDr.,
Houston,
TX
77084,
(713)
492-
0535:
“Control
of
External
corrosior!
on
Metallic
Bu”ied,
Parti ally
Buried,
or
Suhuie~ged
Liquid
Sto~ageSystems”
WAGE
Recommended
Practice
RP0285—35,
a~p~’oved
March,
1985.
NFPA.
Available
from
the
National
Fire
P~otecti
on
Associati on,
Batterymarch
Park,
Boston,
MA
02269,
(617)
770—3000
or
(800)
344-3555:
“Flammable
and
Combustible
Liquids
Code”
NEPA
30,
issued
July
17,
1997.
Also
available
from
ANSI.
NTIS.
Available
from
the
National
Technical
Information
Service,
5285
Port
Royal
Road,
Springfield,
VA
22161,
(703)
487-4600:
“Generic
Quality
Assurance
Project
Plan
for
Land
Disposal
Restrictions
Program”,
EPA/530—SW—37—011,
March
15,
1937.
(Document
number
PB
88—170766.)
“Methods
for
Chemical
Analysis
of
Water
and
Wastes”,
Third
Edition,
March,
1983.
(Document
number
PB
84-128677)
Petitions
to
Del ist
Haza~’dousWastes
——
A
Guidance
Manual
‘,
EPA/53O-SW—35-0O~A—il, 1985.
nent
Number
PB
85-194488
‘Procedures
Manual
for
Ground
Water Monitoring
at
Solid
Waste
Disposal Facilities”,
EPA—53O/SW—611,
1977.
(Document
number
PB
64—174~2O)
“Test
Methods
for
Eval uating
Solid
Waste,
Physical /Chemical
Methods,”
EPA
Publication
number
SW—846
(Second
Edition,
1932
as
amended
by
Update
I
(Ap “i
1
,
1984)
and
Update
11
(April
,
1985))
(Document
number
PB
87-120291)
SU.
Avail able
f”om
the
Steel
Tank
Institute,
728
Anthony
Trail,
Northbrook,
IL
60062,
(31?)
498-1990:
‘Standard
for
Dual
Wail
Underg~’ound Steel
Sto~’aqe
Tanks”
(1986).
JSEPA.
Available
from
United
States
Environmental
Protection
Agency.
Dffice
of
Dlnking
hate”,
State
P’curams
Division,
NH
550
E,
s. ~hingtor,
D.C.
20460:
11
3—394
—5—
“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 CER
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
14 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
Ill.
Adrn. Code
102.
The
proposal
shall
include
a listing
of
all
amendments
to
40 CFR
260
through —2~—266and
268 which
have been made since the last
preceding amendment or
proposal
to amend
35
Ill. Adm. Code 720
through —~2~—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
wltn
federal
regulations.
Such proposal
shall
conform to
35
111. Adm. Code 102 and Title
VII
and Section
22.4(b)
or 22.4(c)
of the Environmental
Protection
Act.
(Source:
Amended
at
14 Ill. Reg.
,
effective
113—395
-6—
Section
720.122
Waste
Delisting
a)
Any
person
seeking
to
exclude
a
waste
froe
a
particular
generating
facility
from
the
lists
in
35
111.
Ado.
Code
721.Subpart
D
may
file
a
petition,
as
specified
in
subsection
(n).
The
Board
will
grant
the
petition
if:
1)
The
~eti:ioner
de’norst”ates
that
the
waste
produced
by
a
particular
generating
facility
does
not
meet
any
of
the
c”iteria
under
which
the
waste
was
listed
as
a
hazardous
or
acute
hazardous
waste;
and
2)
If
the
Board
determines
that
the”e
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_nazardous
waste,
that
such
factors
do
rot warrant
retaining
the
waste
as
a
hazardous
waste.
A
waste
which
is
so
excluded,
however,
still
may
be
a
hazardous
waste_~yoperation
of
35
Ill.
Ado.
Coce
721.Suopart
C.
b)
Listed
wastes
and
mixtures.
A
person
may
also
petition_the
Board
to
exclude
from
35
Ill.
Ado.
Code
721.lO3(a)(~2)(3)or
(C),
a
waste
which
is
described
in
these
Sections
and
is
either
a
waste
listed
in
35
Ill.
Ado.
Code
721.Subpart
0,
or
is
derived
from
a
waste
listed
in
that
Subpart.
This
excl usi on
may
only
be
granted
for
a
particular
~erating,
storage,
treatment
or
disposal
facility.
The
petitioner
shall
make
the
same
demonstration
as
“ecuired
~
~2ction
(a).
Where
the
waste
is
a
mixture
of
a
solid
waste
and
one
or
more
listed
hazardous
wastes
or
is
den
ved
from
one
o”
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
haza~’dous,but
also
for
facto”s
(including
additional
consti tuents)
that
could
cause
the
waste
mixture
to
be
a
hazardous
waste.
A
waste
which
is
so
excluaed
may
still
be
a
hazardous
waste
by
operation
of
35
Ill.
Ado.
Code
721.Subpart
C.
c)
Ignitable,
corrosive,
reactive
and
toxicity
characteristic
wastes.
If
the
waste
is
listed
in
codes
“I
“,
“C”,
‘2”
or
“E”
in
35
I
11
.
Ado.
Code
721.Subpa”t
0:
1)
The
petitioner
shall
demonsVate
that
the
waste
does
not
exhibit
the
“elevant
cha”acteristic
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
methocs
prescribed
in
those
Sections.
The
neti ti oner
shall
al so
show that
the
waste
does
not
exhibit
~
Tt
her
cha”acteristics,
defined
in
those
~~tions,
usi~ ~
a~ppjicable
methods
presc~’ibed
in those
Sectiens
2)
Based
on
a
complete
petition,
the
Board
will
determine,
if
it
has
a
reasonable
basis
to
believe
that
factors
(including
~itional
constitJ~~s 6EVi~±”
than
those
for
whs
5
the
waste
113—396
—7—
was listed
could cause the waste
to
be hazardous waste,
that
such factors
do
not warrant retaining the waste
as
a
haza’-dous
waste.
A waste which
is
so excluded, howeve”,
nay
still
be
a
hazardous waste
by operation of 35
Ill. Adm.
Code 721.Subpart
C.
d)
Toxic waste.
If the waste
is
listed
in
code
“T”
in
35
Ill.
Ado.
Code
721.Subpart
D:
1)
The petitioner shall
demonstrate that
the waste:
A)
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;
0”
~J
Although containing
one or more
of the hazardous
constituents
(as defined
in
35 Ill. Adm. Code 721.Appendix
G) that caused USEPA to
list the waste,
does
not meet the
criterion
of
35 Ill.
Ado. Code 721.111(a)(3)
when
considerin9 the factors
used
in
35 Ill. Adm. Code
721.111(a)(3)(A) through
(K) under which the waste was
listed
as hazardous;
and
2)
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,
tnat
such factors
do
not warrant retaining the waste
as
a hazardous
waste.
3)
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.
4)
A waste which
is
so excluded, however, may still
be
a
hazardous
waste
by operation of
35
Ill.
Adrn.
Code 721.Subpa”t
C.
e)
Acute hazardous waste.
If the waste
is
listed with
the
code
“H” in
35 Ill.
Adm. Code 721.Subpart
D:
jJ
The petitioner shall
demonstrate
that the waste
does not meet
the criterion
of
35
Ill. Adm. Code 721.111(a)(2);
and
~j
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.
~J
The
petitioner
shall
demonstrate
that
the
waste
does
not
exhibit
any
of
the
charactc”istics,
defined
in
35
Ill.
Adm.
113—397
-8-
Code
721.121,721.122,
721.123
0”
721.
124,
u~n
plicablemethodsp~~bed__in those
Secti ons.
4)
A
waste
which
is
so
excluded,
however,
may
still bea
hazardous
waste
by operation of
35
ill.
Adrn.
Code
721.S~rtC.
h)
Demonstration
sam~Jesmust
consist
of
enough
representative
samples,
but
in
no
case
less
than
four
samples,
taken
er
rod
of
time
t
to
r~resent
the
variability
or
the
ml
lormity
of
the
ma ste.
i)
Each petition must include,
in
addition
to
the
information
requi”ed
by_~ubsection(n):
1)
The
name
and
address
of the
laboratory
facility performing the
sampling or tests
of the
waste
2)
Th~c1Fne~n~~Jalifications
of
the
persons
sampling
and
testing
the waste
3)
The dates
of
sampling
and
testing
4)
The location
of the generatirg
facility
5)
A description
of the manufacturing processes
or other operations
and feed materials
p”oducing
the waste
and
an
assessment
of
whether
such
processes,
operations
or
feed
materials
can
or
might
produce
a
waste
which
is
rot
covered
oy
the
demonstration
6)
A
description
of
the
waste
and
an
estimate
of
the
average
and
maximum
monthly
and
annual
guantities
of
waste
covered
by
the
demonstration
7)
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);
8)
Adesc~±oLof
the methodologies
and equipment
used to
obtain
the
representative
samples
9)
A
description
of
the
sample
handl
ing
and
preparation
techniques,
including
techniques
used
for
extraction,
contai~e”ization and
preservation
of
the
sa~ples
10)
~scrij~ion
of
the
tests
performed
(including
results)
11)
T~e names
and
model
~um9ers of
toe
i1st~urrmentsused
in
pe”forming the tests;
and
12)
The
following
statement
signed
by the generator
o’~’
the
~nerator’s
authorized
reoresentetive:
11 3-~398
—9-
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 imediately
~ponsible
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
information,
including the possibility
of
fine and imprisonment.
j)
After
receiving
a petition,
the Board may request
any additional
information which
the Board
needs
to evaluate the petition.
j~j
An exclusion will
only apply
to the waste generated
at the
individual
facility covered
by the demonstration
and will
not apply
to waste
f-om any other facility.
1)
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)
General
delistings
or delisting of specific wastes from specific
sources which have been adopted
by USEPP
may
be
proposed
as
—s—State
regulations
which are
identical
in
substance pursuant
to Section
720. 120(a).
h
n)
Delistings which have
not been adopted
by USEPA may be- ~~epese~te
the
~ea~dp~~s~aPt
te Seet4e~~2@~Q4j.
heweve~this ~ees~et
that the ~ea~ has a~he~4ty
te adept s~eh~e14st4R~s~The
Bea~~w4~~ete~4.~ewhetheF *t has a~ithe~4ty~e ~e~st s~ehwastes
a ease—by—ease ~as+sT—:
1)
Proposed
to
the
Board
pursuant
to
the
rulemaking
procedures
of
Section
720.120(b);
or,
2)
Pursuant
to
a
petition
for
adjusted
standard
pursuant
to
35
Ill.
Adm. Code 1O6.Subpart
G.
The justification
for
the
adjusted
standard
is
as
specified
in subsections
(a)
et
seq.,
as
applicable
to the waste
in
question.
e
o)
The Agency may determine
in
a permit
or
a letter directed to
a
generator that,
based
on
35
Ill. Adm. Code 721,
a waste from
a
pa-ticular
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.
d
p)
-The Bea~~eePpeffates
~y Pe~eFePee4@ G~R2T22~988~as ~
at
~4 ~eth~
~egr
~
dUPe 2~
~989T
Th4s
~ee~e~
~ee~pePates ~e
~t~e
a~en~eRtse~ed4t4e~s~-Any petition
to delist directed to
.113—399
-10-
the Board
or
request
for determination directed
to
the
Agency
shall
include —the ~P~eF~at*eeFeq~4~ed
~y 49 G~2~Q~22a~—a
showing
that the
delisting
needs
to
be
adopted
as
a
part
of
the
Illinois
RCRA
program.
e
j)
Waste delistings will
not be approved
if
the
result
would
make
the
illinois program less
than substantially equivalent
to the federal.
f
n)
Delistings
will
apply only within illinois.
Generators
soall
comply
with
35
Ill.
Ado.
Code
722
for
waste
which
is
hazardous
in
any
state
to
which
it
is
to
be
transported.
(Sou”ce:
Amended
at
14
Ill.
Peg.
,
effective
I
3—40(1
—11—
Section
721.101
721. 102
721.103
721 .104
721. 105
721.106
721. 107
Section
721.110
721.111
Secti on
721. 120
721.121
721. 122
721. 123
721. 124
Section
721. 130
721. 131
721. 132
721. 133
Appendix
A
Appendix B
Appendix
C
Table A
Table
B
Table C
Appendix
B
Aopendix
H
Appendix
I
Table A
Table B
Table C
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
721
IDENTIFICATION AND LISTING
OF HAZARDOUS WASTE
SUBPART A:
GENERAL PROVISIONS
Purpose
of Scope
Definition
of
Solid
Waste
Definition
of Hazardous Waste
Excl usions
Special
Requirements
for
Hazardous
Waste
Generated
by
Small
Quantity Generators
Requirements for Recyclable Materials
Residues of Hazardous Waste
in Empty Containers
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
General
Characteristic
of Ignitability
Characteristic of Corrosivity
Characteristic of Reactivity
Characteristic of EP Toxicity
SUBPART
D:
LISTS
OF HAZARDOUS
WASTE
General
Hazardous
Wastes
From
Nonspecific
Sources
Hazardous
Waste
from
Specific
Sources
Discarded
Commercial
Chemical
Products,
0ff-Specification
Species, Container Residues
and
Spill
Residues
Thereof
Representative Sampling Methods
EP Toxicity Test Procedures
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
Coniiiercial
Cheical
Products,
Off-
Specification
Species,
Container
Residues,
and
Soil
Residues
113—401
-12-
Thereof
Appendix
J
Metnod
of
Analysis
for
Chlorinated
Dibenzo-p—Dioxins
and
Di benzofurans
Appendix
7
Table
to
Section
721.102
AUTHORITY:
Implementing
Section
22.4
and
authorized
by
Section
27
of
the
Environmental
P”otection
Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in
231-22,
43
PCB
427,
at
5
Ill.
Peg.
9731,
effective
as
noted
in
35
Ill.
Ado.
Code
700.106;
amended
and
co’cified
in
231—22,
45
PCB
317,
at
S
Ill.
Peg.
4823,
effective
as
noted
in
35
Ill.
Ado.
Code
700.106;
amended
in
932—13,
51
?CB
31,
at
7
111.
Reg.
2518,
effective
February
22,
1333;
amended
in
P32—19,
53
PCB
131,
at
7
111.
Reg.
13999,
effective
October
12,
1983;
amended
in
P84—34,
61
P03
247,
at
3
Ill.
Reg.
24562,
effective
uecenoer
11,
1934;
amended
in
R84-9,
at
9
111.
Reg.
11834,
eifective
July
24,
1995;
amended
in
P35—22
at
10
Ill.
Peg.
998,
effective
Januay
2,
1986;
amended
in
235-?
at
10
Ill.
Reg.
8112,
effective
May
2,
1986;
amended
in
286-1
at
10
ill.
Reg.
14002,
effective
August
12,
1983;
amended
in
286—19
at
10
Ill.
Peg.
2U647,
effective
December
2,
1986;
amended
in
236-28
at
11
Ill.
Reg.
6035,
effective
March
24,
1987;
~mended
in
P35—46
at
11
Ill.
Peg.
13466,
effective
August
4,
1987;
amended
in
287-32
at
11
111.
Reg.
16698,
effective
September
30,
1937;
amended
in
937—5
at
11
Ill.
Reg.
19303,
effective
November
12,
1987;
amended
in
287—26
at
12
Ill.
Peg.
.2456,
effective January
15,
1983;
amended
in
937-30
at
12
111.
Reg.
12070,
effective
July
12,
1988;
amended
in
R87—39
at
12
111.
Reg.
13006,
effective
July
29,
1983;
amended
in
P38-16
at
13
ill.
Reg.
382,
effective
December 27,
1983;
amended
in 289-1
at
13
ill.
Reg.
18300,
effective
November
13,
1989;
amended
in
290—2
at
14
Ill.
Reg.
,
effective
;
amended
in
P90—10
at
14
Ill
Peg.
,
effective
;
amended
in
290—17
at
14
Ill.
Peg.
,
effective
SUBPART
B:
CRITERIA
FOR
IDENTIFYiNG
THE
CHARACTERISTICS
OF HAZARDOUS
WASTE AND FOR _STING HAZARDOUS WASTE
Section
720.110
C”iteria
for
Identifying
the
Characteristics
of
Hazardous Waste
—The has4s e~tAe ha~a~~e~s
waste ~
4-s
~4-ve~at
49 G~Seeti-ep
~T49T
The eha~aeteF4-st4-esa~e~
at Seet4-e~~2~T~29et~seq~-
a)
USPA
I dentifies
and
defines
a
cha”acteri sti
c
of
hazardous
waste
in
Subpart
C
only
upon
determining
that:
1)
A
solid waste
which
exhibits
the cha”acteri
sti c may:
A)
C aus
inific~tl~2~jbute~,anin
c
rease
i n
or
an
inc”ease
in
serious
i “reversible,
or
incapacitating
reversible,
illness;
or
B)
Pose
a
substantial
present
a”
potential
hazard
to
human
health
or
tee environment when
it
is
improperly treated,
stored,
tramspo”ted,
disposed
of
or
otherwise
managed;
and
113—402
—13—
~j
The characteristic
can
be:
~,j
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
~j
Reasonably detected by generators
of solid waste through
their knowledge of
thei”- waste.
b)
Delisting procedures
are contained
in
35 Ill. Adm.
Code 720.122.
(Source:
Amended
at
14 111.
Reg.
,
effective
Section 721.111
Criteria for Listing Hazardous Waste
a)
—~S~PA~-s
ep4-tep~afe~
~st4-p~haaa~~e~s
waste a~eg~ve~
at
49 G~
Seet4e~2?~r~T—USEPA lists
a solid waste
as
a
hazardous waste only
upon determining that
the solid waste meets
one of the following
criteria:
j)
It
exhibits any of the characteristics
of hazardous
waste
identified
in Subpart
C;
or
2)
_UpL~~st~- Ae~teha~a~~e~s
wastes a~e~4-~te~
4-~~Seet4-e~
~2r1~3~e-)T
Ae~tehaaa~e~s
wastes
a~ethese
wh4-eh
have
bees
fe~~d
te ~e ~ata~T Ae~tetex4-e wastes a~ethese wh*eh
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
LB
50 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
-w~44
se—are
designated Acute Hazardous Waste—~—.
3)
Toxic
waste.
It
contains
any of the toxic
constituents
listed
in Appendix
H unless,
after considering any of the following
factors, USEPA concludes that the waste
is
not
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:
f~J
The
nature
of
the
toxicity
presented
by
the
constituent.
~j
The
concentration
of
the
constituent
in
the
waste.
~J
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).
113— 403
-14-
D)
i~J~ersi
stence of
the constituent
a” ar1ichedai~
product
of
the constituent.
E)
The
potential
for
the consti tuent
a” ary toxic
degradation
product_of_the
constitue”T.
to
deg”ade
into
nor’ha”mful
constituents
and
tie
rate
of
degradation.
F)
The
Qegree
to
which
the
consti
tuen:
a”
any
degradati on
product
of
the
consti tuent
bi oaccimrijlates
in
ecosystems.
G)
The
p1
ausi
b~~oa~s
of
improper
.rian~emertto
whi
Iii
the
waste
could
be
subjected.
H)
The
quanti ties
of
the
waste
generated
at
irdivi
dual
generation
sites
o-~
“elonal
a”
national
basis.
I)
The
natu”e
and
severity
of
the
human
health
and
environmental
damage
that
has
occu”red
us
a”esult
of
the
~oe~jmana~oen~of
the
wastes
containing
toe
constituent.
J)
Action
taken
by
other
gove~jip~~ja~ncies
a”
regul atory
programs based
on
the health
or
environmental
hazard
posed
~y
the
waste
or
waste
cons Li
tuent.
K)
Such
other
factors
as
nia/
be
appropriate.
BOARD
NOTE:
Wastes
listed
in
accordance
with
these
criteria
a”e
designated
toxic
wastes.
4)
Substances
a”e
listed
in
Appendix
H
only
if
they
have
been
shown
in
scientific
studies
to
have
toxic,
ca”cinogeni
c,muta93~i:o”
teratogeni c
effects
or
humans
or
other
life
forms.
b)
~~f~nay
list
classes
o”
types
of
solid
waste
as
hazardous
waste
if
USEPA
has
reason
to
believe
that
mdi
vidual
wastes,
witni
ri
the
cl ass
or
type
of
waste,
typically
o”
frequently
are
mazarcous
under
the
definition
of
hazardous
waste
fauna
in
Section
13J475)
of
the
Resource
Conservation
and
Recovery
Act
(42
‘USC
6901
at
seq.)
c)
—~S~PA~s
e~4teF4-a ~ee ~4-st4-e~
~aaa~e~s
waste
~e
~4-veea~
49
G~
~ee~4-ep~
-—USEPA
will
use
the
c”ite”ia
fo”~~i~~IfIedin
this Section
to establ
i su
the cxci asian
limits
“eferred
to
in
Secti on
721.105(c).
(Source:
Amended
at
14
Ill.
Peg.
,
effective
113-404
