ILLINOIS POLLUTION CONTROL BOARD

October

18,

1989

IN THE

MATTER

OF:

IDENR SPECIAL WASTE

)

 R89-13

(A)

CATEGORIZATION STUDY

)

INTERIM REQUEST FOR PUBLIC COMNENT

OPINION AND ORDER OF THE BOARD

(by

J.

Anderson):

The Board

 is today seeking public comment regarding changes

to the proposed rules.

 These changes has been made in response

to comments received today during this First Notice period.

The

Board wishes to afford interested parties opportunity to comment

on these changes prior

 to adopting a Second Notice Opinion and

Order.

 Given the time—driven nature of this rulemaking,

the

Board will consider public comments on this draft filed no later

than Friday, October

27,

 1989.

In its order of August

10,

 1989,

 the Board adopted for

 First

Notice a proposal

 to create a new Part,

 35 Ill.

 Adm. Code 808,

and to amend an existing Part,

35

 Ill.

Adm. Code 809,

 of its

regulations relating

 to special wastes.

 The proposed changes and

additions were primarily undertaken to meet the statutory

requirements of Sections 22.01 and 22.9 of the Environmental

Protection Act (the Act).

 The content and legislative history of

these two sections of the Act are set forth

 in pages

 1 to

 5 of

the Opinion and Order

 of August

10,

 and will not be restated

here.

Upon adoption of the proposal for First Notice,

 the Board

scheduled and held two public hearings,

 the first

 in Springfield

on September

1,

 1989, and the second

 in Chicago on September

14;

a third hearing, scheduled for September

 15, was canceled after

no one appeared to present testimony or

 examine witnesses.

Testimony was presented at the hearings on behalf

 of the

Department of Energy and Natural Resources

 (DENR),

 including its

Hazardous Waste Resource and Information Center

 (HWRIC).

 Also

presenting testimony were

 the Illinois Environmental Protection

Agency (Agency),

 Mr. John Andrae of the DuPage County Health

Department,

 the Board’s Hearing Officer

 (in his capacity as

a

principal draftsman

 of the Board’s proposal) and Dr. Harish Rao,

head of the Board’s Scientific/Technical

 Section

 (STS), which had

prepared

 a draft regulatory proposal upon which many features of

the Board’s proposal were based.

 Prefiled comments and questions

were received from the National Renderer’s Association and Waste

Management

 of Illinois.

 Prefiled testimony was provided by DENR

and HWRIC representatives.

1Ot~531

—2--

This

draft Opinion and Order

 contains a number

of

modifications

based

on

the testimony

 at hearing

and

public

comments received

to date.

 Generally,

 the draft as now crafted,

a)

 clarifies

that the

toxicity

ranking

methodology developed

by

DENR/HWRIC

is

meant

to

supplement

 the present

Agency

system of

evaluation,

not

replace

it,

b)

 includes

other considerations

as

derived

from the

Agency’s

present

policy

paper,

 c) utilizes the

DENR/HWRIC degree

of

hazard categories

for

which

 they have

developed

a scientific

rationale

 (i.e.

 toxicity),

 but rely on the

existing

Agency evaluation system rather

 than those DENR/HWRIC

rankings based

on a “legal”

 rationale

 (e.g.,

pH),

d)

provides

for

a

four—part manifest system

plus quarterly

or annual

reports,

e)

 removes

amendatory language not

directly

related

to

the

DENR/HWRIC classification

system,

 including leaving intact

the

Board’s now-existing hazardous

 (infectious)

 hospital waste

regulations,

and

 f) provides for

 a re—evaluation within two-

years for those wastes

 that

 the Agency earlier determined

not

to

be special wastes.

THE HAZARD RANKING SYSTEM

Testimony provided by DENR and HWRIC focused on the three

scientific

studies

and proposals

for

creating

 a system

 to rank

special wastes according

to their

relative

degree of hazard

to

human

health and the environment.

 Witnesses for DENR and HWRIC

were generally supportive of the

Board’s

proposal

 (see,

 e.g.,

testimony of Dr. David Miller,

R.

 19—21).

 These

witnesses also

defended

the HWRIC

studies’ choice

of

methodology,

 “break points”

for hazard ranking chosen by HWRIC, and the toxicological data

and reference compound (i.e.,

 copper sulfate LD5O) selected by

HWRIC

and proposed by

the Board

 (see,

 e.g.,

 testimony

 of Dr.

Michael Plewa,

R.

 21-27).

 The witnesses for HWRIC and DENR

stated

 that

 the computerized

 system

is

 oresen~:;ly

 un and

runn~ng1

and could

be used on

all wastes, providing

 that adequate

information

 on the

waste

 components

were provided

 to the Agency

by the

applicant

or

 were

already

 in the

data

base

(R.

 42—44).

The witnesses

felt that

the system

was conservative

enough

to

avoid error

for

declassification purposes.

 In contrast,

concerning

 its use for classifying at the high toxicity level,

DENR/HWRIC stated

 that, since

 the system

 is conservative,

 there

is

 a chance that a waste’s high-hazard ranking would be

 lower

if

they had more specific information on constituents and toxicities

(P.

C.

 #4).

The witnesses also made clear

 that the degree of hazard

system should be viewed as

 a potential degree of hazard system;

it should be but one element

within

the overall evaluation

by

which

 the Agency would make

 a determination,

 and that

 the ranking

could be adjusted up or down,

 depending on the appropriate modes

of treatment

 or disposal of special wastes

 (e.g.,

R.

 57—59).

The witnesses also acknowledged that

 a number of

 their

rankings were not based on the scientific rationale they

1O1~-532

—3—

developed.

 Rather,

 they utilized a “legal”

 rationale;

 they

borrowed a

regulatory standard applicable to some potential

characteristic

 of waste from an unrelated federal

 or state

regulatory program,

 for instance the federal RCRA standard for

pH, and established

a

 “break point” without use of refinement

or

incremental adjustment based upon the degree of hazard system

(R.

61,

 68, 71—73).

The witnesses also testified that the system’s database and

 application program has utility as

 a planning device, whereby

members of the regulated community could calculate the effects of

process substitutions and system changes on the waste stream’s

degree

 of hazard

(R.

 40—52).

 They noted that the system could be

applied manually.

 In any event,

 DENR/HWRIC argues for

 a state

universal data base system

 (presumably maintained by the Agency),

thus letting all know what the ground rules are

(R.

 47 and

52,

P.

C.

 #4).

 They also noted that new data should be screened by

experts,

 so as

 to maintain

 a standardized system,

 and thus

avoiding delistIng evaluations by those lacking the expertise or

access

 to literature

(P.

C.

 #4).

Dr. David Miller,

 Assistant Director and Research Program

Manager

 of HWRIC, estimated that

 a computer and software

appropriate for the purpose would cost the Agency about $3000.00

(R.

 31).

Several questions arose at hearing concerning

 the HWRIC

ranking methodology and proposal.

 In response to the questions

of Mr.

 James O’Brien, Manager

 of the Agency’s Office of Chemical

Safety

 (OCS)

 concerning the use solely of equivalent oral doses

when the inhalation or

 dermal exposure route might be more

appropriate DENR/HWRIC stated that the toxicity weighting table

 on Page 11

 in the Plewa 1988 report takes this into account.

Reoarding Mr. O’Brien’s concerns about

 lack

 of consideration of

sub—acute or systemic chronic toxicity, DENR/HWRIC responded that

relatively little data exists and, because the system is

conservative, such values would have little effect anyway.

Regarding Mr. O’Brien’s comments on test method appropriateness,

DENR/HWRIC responded that those parameters are difficult to

measure,

 such as pH for solid samples~these could be left blank

or

 a slurry with water could be analyzed.

 In any event,

DENR/HWRIC

asserted,

 the Agency needs

 to consider the use

of

these values

 in its final determination of

 the waste

 stream’s

status

(R.

 112—119,

 Exh.

4).

Mr. Andrae

 of DuPage County took particular note of

 the fact

that toxicity appears

to

 increase with volume using

the

DENR/HWRIC toxic hazard methodology

 (Appendix B, subpar.

 (B)),

and asserted that this might

 render

 the methodology suspect as a

means of classifying

 or declassifying certain wastestreams.

(R.

391—395).

 DENR/HWRIC responded that the system focused on

landfills,

 rather

 than effluents going into water

 and,

 as such,

seeks to avoid a large volume of toxins where total mass may

 present a threat.

(P.

C.

 #4).

 In a somewhat related vein,

 IERG

1~•

533

—4—

also noted some problems posed by a volume-dependent measure of

toxicity,

 including examples of how the system could yield absurd

results

 (P.C.

 #11,

pp.

 6—8).

 Mr. Andrae also stated the county’s

concern regarding the exemption from the manifesting requirements

for septic pumpings and grease trap pumpings

 (R. 398—401).

COMMENTS AND QUESTIONS

The National Renderers Association argued

 in its pre—filed

questions that licensed renderers,

 who are exempted currently

from the manifest system pursuant to 35 Ill. Adm.

 Code 809.331,

should be similarly exempted from the “Unmanifested Waste Report”

requirements of proposed Section 809.502

 (R. 256—257).

The Agency generally indicated

 that the proposed system was

overly complicated,

 time consuming and unnecessary

(R.

 220,

237).

 The Agency proposed

 in its stead

(R.

 220)

 that the Board

adopt a system of classification derived from the Agency’s

present guidance document

 (Exh.

7).

 Several commenters endorsed

this view

 (P.C.

 #‘s 10,11 and 14).

 The Agency also acknowledged

 that

 it rarely,

 and then only informally,

 utilizes

 the OCS

to

assist

 in the toxicity component

 evaluations components of

its

guidance document

(R.

 102,

 147,

 163 and 169—170).

One. questioner,

 and two cortunenters representing the Illinois

Steel Group and the Illinois Environmental Regulatory Group

(IERG)

 (P.C.

#

10,

 11 and 14), suggested that DENR had failed

to

provide,

 on request,

 a copy of the computer program developed by

DENR/HWRIC,

 and that this

 refusal had denied them access

 to data

in order

 to meaningfully

 testify on or evaluate that system;

 they

accordingly urged

 the Board

 to take no action based

 on the DENR

system.

 DENR/HWRIC responded

 that

 they offered those with

specifics on

 their waste stream “to come

 to our

 officc~..’ to run

the degree

 of hazard

 (P.C.

#4,

p.

 5); they had not released the

system because they didn’t want others modifying the program,

especially during its development phase.

 It now can be

downloaded

to

 a diskette.

 They want

 to assure

 that there

 is only

one state system and thus

 need to assure that

it

 is secure

(R.

215—216, P.C.

 #4).

Comment was received after the hearings

 from the

Metropolitan Water Reclamation District of Greater Chicago

 (P.C.

#3), DENR

 (#4),

 the National Slag Association

 (P.C.

 #5),

International Mill Service

 Inc.

 (P.C.

 #6),

 the St. Louis Slag

Products Company

 (P.C.

 #7),

 the Steel Manufacturer’s Association

(P.C.

 #8),

 EFI Waste Systems

 (P.C.

 #9),

 the Illinois

 Steel. Group

(P.C.

 #10 and

14),

 the IERG

 (P.C.

 #11),

 the Edward

 C. Levy Co.,

Inc.

 (P.C.

 #12),

 the U.S.

 Department

of

 Interior, Bureau

 off Mines

(P.C.

 #13),

Dr.

 David

3.

 Schaeffer,

 Department

 of Veterinary

1fl4 S~4

—5—

Biosciences, University of Illinois

 (P.C.

 #15) and the Agency

(P.C.

 #l6).*

Comments

 4 and

 16 were

 in the form of responses to two sets

of questions propounded in Orders issued by the Hearing Officer

(“Further Questions for DENR/HWRIC Witnesses”,

 September

12,

1989,

 and “Additional Questions for

 IEPA and DENR/HWRIC

Witnesses”,

 September 13,

 1989).

 The Hearing Officer has been

advised that the Agency and DENR are coordinating their

activities

 to provide the Board with at least

 a partial response

to the fourth question raised by the Hearing Officer

 in his

September

12,

 1989 order

 namely,

 that DENR run its degree of

hazard

 (DOR)

 analysis on the requests which the Agency has

already received and handled under

 its interim guidance policies

over the past 2~years.

 Such

a

 “cross check” will

 serve to

either confirm or counter claims regarding whether

 the system is

practicable, and will provide

 a comparison of results from use of

the DENR system alone with results from use

 of the Agency’s

policy guidance alone.

Mr.

 Frank

E.

 Dalton, General Superintendant of

the

Metropolitan Water Reclamation District

 of Greater Chicago (P.C.

#3).

 Mr. Dalton suggested that

 a proposed Section 808.247 be

added

 to the rules to continue

 to exempt municipal wastewater

treatment plant sludge from classification as a special waste.

He also urged that proposed amended Section 809.255

 be revised to

make clear

 that washings

 from a special waste hauling vehicle may

 not be discharged

to

 a POTW except

 in compliance with all

applicable local

 limits on discharges

 to that POTW.

 A somewhat

similar suggestion was made by BFI Waste Systems

 (P.C.

#9,

 third

and fourth pages)

 and Waste Management

 of Illinois

 (WMI)

 (P.C.

#1,

p.

 13).

In addition

 to faulting various aspects of the DENR/HWRIC

proposal and the Board’s draft

 rules,

 the Agency proposed that

all special non—RCRA waste be manifested by using

 a four—part

manifest augmented by an annual reporting requirement

(R.

 92—97,

218—219;

 P.C.

 #16),

 in lieu of

 the currently—required six—part

manifest which

 the Agency characterized as imposing an

unreasonable

 “paperwork burden” upon both the Agency and the

regulated community without commensurate benefit

 in terms of

increased Agency oversight

 (id.).

 Other commenters agreed with

the Agency on this point

 (P.C.

#8,

 9 and 11).

 The Agency

quantified this burden upon the Agency as growing rapidly and

consisting of approximately 350,000 pieces

 of paper annually

(R.

92—93).

 The Agency also suggested that the Board’s rules should

set foith minimum requirements for the annual

 reports which

it

 suggests to augment a four-part manifest requirement.

 Comments of

 a technical nature relating to the form of the

rules

 for proposes of publication

 in the Illinois Register were

also received from Mimi Griffiths, Administrative Code Division,

Office of

 the Secretary of State

 (P.C.

 #2).

1fl4 535

—6—

By

far the

greatest

number

of

comments and questions

regarding

the proposal

were received

from WMI before the hearings

(P.C.

 #1).

 Many of

these questions and

comments related

to

typographical

errors

and

omissions,

 all of

which

have been duly

noted.

On

a substantive

plane,

 WMI suggested

that.,

in

 light of

their

obvious stake

 in classification determinations as well as

their

knowledge of

actual

conditions, waste

 treaters

and

disposers

should have a role as of

 right

 in the classification

process

 (P.C.

#1,

pp.

 1—2).

 WMI recommended

 that

notice

of

pending classification requests

be

provided to such receiving

sites,

and that such sites

 be entitled

 to participate

 in Agency

classification proceedings

 (see,

 e.g.,

R.

 259—260 and P.C.

#1,

p.

5).

 WMI also noted that

numerous

sections of the proposal

 (e.g.,

proposed

section

808.l2l(c)(l)) reference concepts embodied

in

sections or Parts not yet

 in existence,

 notably Part

811

 (see R.

264—266,

 326,

 329—330,

 and 345—348).

 As noted

 by the Hearing

Officer at hearing

(R.

 264—266),

 these sections,

 as well as those

proposed sections of Part 809 establishing substantive

requirements for waste haulers,

 including haulers of wastes other

than special wastes

 (e.g., Sections 809.221—809.227) were drafted

in the expectation of prior adoption of proposed rules

 in Board

Docket R88—7;

 such prior adoption has not occurred.

 Finally, WMI

noted several problems with the Infectious Hospital Waste rules

as transported over

 to proposed rule 808.601 from Subpart

 I of

Part

 809. (R.322—329) and with the several substantive new

 requirements

 in Part 809

 for waste haulers,

 including

requirements for overnight parking and covers on waste trucks.

The largest number

 of post-hearing comments were received

from persons concerned that the proposal would somehow have

the

effect of expanding the universe of materials considered to be

“wastes” particularly with

 respect

 to slags generated

 in the

production

of

 iron and

 steel

 (P.C.

 #‘s 5,G,7,8,1O,12,13 and

14).

 All these comnienters stated that such slags are

 fully

utilized as products such as

 railroad ballast, concrete aggregate

or

as

 raw material

 in the manufacture of

glass

and mineral wool.

The Illinois Environmental Regulatory Group and the Agency

expressed concern lest

 the new rules overturn prior Agency

determinations under Section

 22.9(d)

 of the Act

 (or otherwise

create needless confusion

 (P.C.

 #‘s

 11 and 16).

 Some commenters

also observed that

 the DOH methodology may not always

be

applicable or practicable

 (P.C.

 #11,

 15 and 16);

 they urged the

Board

 to introduce sufficient flexibility

 in the rules

 to allow

use of alternative modes of determining

 the nominal

 toxicity

 hazard posed by

 a given waste-stream,

 (P.C.

 #15 and 16).

Dr.

Schaeffer recommended

 a bioassay-based approach, which

 he has

developed

in

 a study undertaken

 for DENR and which he asserts can

be easily

 implemented and made capable of

 guaging

the

synergistic and/or antagonistic effects of

 individual

constituents

in

 a waste stream so as to assess the toxicity of

complex mixtures

 (P.C.

 #15).

1~4.53(~

—7—

BFI Waste Systems

 (BFI)

 joined in WMI’s criticisms of

the

substantive

requirements proposed

 in Part 809

 to regulate waste

haulers,

 including

proposed requirements for overnight parking,

maintenance and

odor

control.

 (P.C.

 #9).

 BFI suggested that

“cover” be

defined

although

 at hearing two participants suggested

that covers might

be

 impractical, unnecessary or even detrimental

in some cases

(R.

 345—353 and 388—389).

BOARD CONCLUSIONS AND RESPONSES TO COMMENTS

At the outset,

 the Board emphasizes

 that the purpose and

effect

 of this proposed rulemaking does not include expansion of

the universe of wastes.

 “Wastes”

 and “Industrial Process Wastes”

are defined by the Act;

 judging from the several comments

received regarding steel

 slags

 (e.g.,

 P.C.

 #7),

 it would appear

that such slags are properly defined as products unless abandoned

or discarded,

 and to that extent are unaffected by this

proposal.

 In light of the several comments which suggests that

some persons misunderstand this fact,

 the Board will insert

a

clarifying sentence in Section 808.100(a).

Upon consideration of

 the several comments and questions and

testimony at hearing,

 the Board

 is inclined

 to make several

substantive changes

 in the proposed

 rule.

It

 is clear, as many

participants have noted,

 that references

 to certain provisions

and concepts must be dropped from this rulemaking

 in view of the

fact that rulemaking

in

 P.88-7 will not

 be completed in time for

this proceeding.

 In consequence of this reality,

 all present

references

 to Part 811 are proposed to be eliminated from

proposed Part 808 and proposed amendments

 to Part 809,

 as are all

substantive requirements

 in proposed amendments to Part 809

(e.g., proposed Sections 809.221—809.227)

 not relating directly

to special waste classification.

In

 like manner,

 the proposed relocation of the hazardous

(infectious)

 hospital waste rules from Part 809 to Part 808,

together with the attendant changes

 to the text of those rules,

must be deferred for the present.

 These wastes were not newly

evaluated by DENR’s methodology.

 Also,

 this change will

accommodate the need to have separate reconsideration of the

hazardous

 (infectious) hospital waste rules themselves.

The

Board

 is aware of ongoing “medical waste” legislative initiatives

regarding infectious wastes generally, and believes that this

also augurs against taking any new actions

 in this proceeding.

As

for

 the DENR/HWRIC classification system,

 the Board

concludes that

 it can and should serve as

 a component of

 a system

for classification of special waste wastestreams.

It

 is clearly

not intended

 to be a means of classifying wastestreams

 in and of

itself.

It

 is also clearly

 a system which

 is to some extent

volume—dependent Moreover, the Board will not utilize that part

of the HWRIC ranking system which is not justified by its

science—based methodology, but

 rather

 relies upon other standards

(statutory or

 regulatory) adopted and in place for other

1)4.

.537

—8—

wastestreams.

 The trouble with using such standards,

 such as the

 standard of

 RCRA,

 for example,

 is that such standards are not

necessarily appropriate

for

 or germane to the toxicity—based

ranking

 in this rulemaking.

 Accordingly, Appendices C and

 D of

Part 808 will be discarded for the time being.

 Although we await

the results of a spot check of DENR’s methodology on wastestreams

which have been submitted previously to the Agency

for

declassification under Section 22.9(d)

 of the Act,

 we are not

persuaded by the concerns about adopting the rules before the

commentors could

test

the

degree

hazard

computerized

 system on

their own computers on wastes of

 their choosing.

 DENR/HWRIC have

tested the computer system extensively;

 the DENR/HWRIC approach

has been available for testing at HWRIC’s offices for

 some

time.

 In any case,

the

corurnentors

could have tested the system

manually.

 In any event,

 the Board does not believe that

 rules,

including these rules and certainly as presently crafted,

 should

be held

 in abeyance for these reasons.

Moreover,

 the Board

 finds

that the concepts embodied

 in the

Agency’s

current

policy guidance document provide some basis

for

a

comprehensive system,

 but lack the discipline imposed by use of

a

formal ranking system such as proposed by

the

DENR/HWP.IC

toxic

hazard

 ranking system.

 The testimony of Agency witnesses makes

clear that the present system for determining declassification

requests lacks

 a consistent approach for determining toxicity and

utilizing the resources of

 its own OCS; absent regular

 use of

a

central body of information such as OCS

 there can be little

assurance that determinations will be consistent or

 based upon

current data.

 We do not find persuasive

 the Agency’s assertion

that the inclusion of the proposed

 formal system of evaluation

is

unnecessary or that the computerized system envisioned by HWRIC

would

 be too onerous

to

 use.

 On the other hand,

 as for the

concerns over

the

aop1,i.c~hi

lity and volume—dependent

measure

of

toxicity

provided

Appendix

ne~ly

proposed

language

Section

808.245

intends

make

clear

that

 applicant may show

tnat

the

system

inapplicable,

and

use

another

equivalent

comparable

approach.

regulatory

procedure

standard

works

every

conceivable

circumstance;

the

same

remedies

are

available

here

are

available

without

articulated

degree

hazard

system,

except

that

system

provides

benchmark

for

evaluating

disputes.

Further,

where

volume

factor

lowered

toxic

score

 classification,

 new subsection

(f)

rule

Section 808.245 requires that such factor

 be specified

 in the

Agency’s determination.

The Board

 is not convinced of

 the propriety of

 requiring

that waste treaters or disposers be brought into the

classification process as active participants.

 The proper

 role

off operators of such facilities,

 in our view,

is

 to assure that

wastes received are as described,

not

 to participate

at

the

Agency

 level in the classification process.

 Moreover, practical

considerations make involving the entire universe of potential

destinations of a given wastestream unfeasible.

11)4-533

—9—

The Board partially agrees with the comments from

the

Metropolitan

 Water

Reclamation

District

 of Greater Chicago; while

we do not agree that all water or wastewater treatment sludges

should

 be exempt from the definition by

 “special wastes”; we do

agree

 that

 such sludges already regulated by the Agency under

an

approved sludge management plan should be exempt from the special

waste manufacturing and hauling requirements.

 Section

808.l2l(b)(4) has been added

 to this effect.

The Board

 is persuaded that the Agency

 is correct

in

asserting that the gathering of information by way of required

reports based on

 a four—part manifest,

 rather than keeping

the

Agency

 in the six—part manifest loop,

 is warranted for non—RCRA

special wastes.

It

 is illuminating

 in this regard that USEPA

requires only

 a four—part manifest even for RCRA hazardous

 wastes.

It

 is certainly worth noting that,

 in the record of

 this

docket

as

 well as its predecessor dockets,

 P.84—43 and R85—27,

neither the Agency nor any member

 of the regulated community has

ever suggested that there

is

 a necessary function served by

burying

 the Agency under an avalanche of manifest forms which

ultimately are seldom,

 if ever,

 timely used owing

 to their

 sheer

bulk.

 In so saying,

 the Board agrees with the concerns of DENR

and others that,

 if the Agency

 is taken out

of

 the loop,

the

required reports should include the same type of information,

albeit reported on a less frequent basis.

 To this end,

 the Board

has added subsections

(h)

and

(i)

to

 rule Section 809.501.

However,

 the Board does not believe that annual reporting

provides an adequate measure

 of control over those wastes which

are ranked as having

 a high degree

 of potehtial hazard.

 Hence,

quarterly reporting will

 be required for Class A wastes;

 annual

reporting will be required for all Class B wastes.

 Consequently,

the Board will continue to distinguish between special

 wastes

which pose

 a high degree of hazard and those which do not.

 Note

 that one related change the Board

 is making

 in its proposal

is

that wastes posing

 a “moderate” degree of hazard

 (i.e.,

 those

which achieve

 a score of

 2 under the system)

 will be grouped

together with wastes posing a low degree of hazard as Class

B

special

wastes

 rather

than

 as class A special wastes, as

previously

proposed.

INCORPORATION

 AGENCY POLICY

The

language

Part

808

has

been

 altered

 in an effort to

“marry”

 the breadth and

flexibility

the

Agency’s

policy

guidance memorandum with the HWRIC system

for

 ranking relative

toxic hazards.

 The casual

 reader,

 however, will have difficulty

finding the Agency’s existing guidance policy

 in this revised

proposal because the Board has attempted

to

distill that policy

into basic elements before blending

 it into the rules.

The Agency’s guidance policy

 is set forth in the November

1986 Memorandum To solid waste generators entitled “Special Waste

Determinations, Criteria and Procedures”

 (Exh.

 7, Attachment

1(14-539

—10—

“A”).

 That requires applicants

 for declassifying special wastes

to provide information on:

A.

 Aspects of the waste or waste stream;

B.

 Health and Environmental Aspects; and

C.

 Disposal Site Aspects.

On close examination,

 it may be seen that several of the

subcategories of these major divisions are either unrelated to

the major division

 (e.g., item A.l relates

 to the identity of the

applicant,

 not to the aspects

 of the waste or waste stream)

or

overlap with other

 subcategories,

 including subcategories of

other major divisions

 (e.g.,

 item A.5 which requires

 a “physical

description and analysis,

 including contaminant components by the

waste”,

 appears to replicate item B.l.c., which requires a

“physical description and components of the waste”).

 The Board

has thus attempted to more clearly “sort out”

 the concerns which

the Agency’s policy addresses.

 Procedural matters aside,

it

appears that the Agency’s concerns are as follows:

A.

 Wastes whose physical form renders difficult

to

manage

in

a

 landfill or

 in storage or

 transit, such

as wastes containing free liquids or

 consisting of

finely divided particles.

 Items A.3, A.4, A.5,

 B.l.c.., C.l, C.2.a and C.2.b.

 appears

 to be

directed wholly or

 in part

 to this concern.

The

Board’s proposal embodies this concern

 in Section

808. 245 (C)

(

1)

Wastes

whose

chemical

properties

render

them

difficult

manage

landfill

storage

transit

the

event

leak

spill.

Items

A.4,

A.5,

B.7.a,

 B.l.h.,

 C.i,

 and C.2.b appear to

directed

wholly

in

part

this

concern.

The

Board’s

proposal

embodies

this

concern

Section

808.245(c)(2)

C.

 Wastes whose chemical properties

 threaten the

integrity of containment devices and structures.

ItemsA.5,

 B.l.b., B.l.d.,

 B.l.e and C.2.b appear

to be directed wholly or

 in part

 to this concern.

The Board’s proposal embodies this concern

in

Section 808.245(c)(3).

All three

 items are somewhat interrelated,

 particularly

 items

 B and C.

 For purposes

of

 this proposal,

 the chemical

properties of concern

 in item B are those which would pose

a

problem in

 event

cf

 a loss

off

containment, such as

a

spill,leak

or

rupture.

The

chemical properties

of

 concern

in

item

 C are those properties which promote the creation

off

a

spill,

 leak or rupture due to the unstable nature of

 the waste.

The same chemical property nay exhibit both characteristics

(e.g.,

 a wastestream containing

 a high concentration of

hydrochloric acid may tend both

 to threaten the integrity of

104

 54(1

containment due to its corrosivity and

to make

difficult the

management of

 the waste in the event of

a

 leak or spill due to

its creation of toxic

 fumes and its mobility.

As

 for the specific manner

 of incorporating the Agency’s

policies,

 the Board has reasoned that the potential toxicity of a

waste,

 represented by its

 “toxic score”

 as determined according

to Appendix B or an equivalent means,

 should represent the “first

 cut” means of classifying

 a waste.

 Hence,

 a waste

 stream’s toxic

score will determine its classification unless

 (in the case of

wastes receiving

 a toxic score of

 1 or

2)

 its physical,

 chemical

or

 “unstable” properties dictate the higher classification,

or

(in the use of wastes

 receiving a score

of

1,

 2 or

3)

 its mode of

containment

 or treatment warrants assigning the waste

to

 a lower

classification (including declassification)

 in the form of

a

conditioned wastestream classification determination.

 Under

 this

provision,

 finely divided waste dusts or powders might

be

expected to qualify for

 a reduced classification or

for

declassifiction based on the requirement

 that they

 be delivered

for transport or disposal

 in bags, barrels

 or other containment

which precludes air dispersal.

Wastes whose “toxic score”

 is zero would normally be

expected to be declassified.

 However,

 the Board has retained the

concept

 of “special handling wastes”

 to address those situations

where

 the waste presents a hazard to persons handling

it

in

the

course of transport,

 storage or disposal operations

notwithstanding

 its relative lack of toxicity.

 At hearing,

discussions concerning talicum powder and similar types

 of non—

toxic

 “fines” which nevertheless can present

 a potent

 threat to

handlers

 if inhaled well illustrated the need for this type of

mechanism to allow the Agency to keep tabs on shipment and

disposal of such wastes.

One final note:

 the rules

 as today proposed do not define

the “dangerous characteristics” alluded

to

 in Section 808.245(e),

nor do they itemize which characteristics are applicable to

“special handling wastes”

 as defined in Section 808.110 and used

in Section 808.242.

 It may be assumed that characteristics

in

the nature of

 those listed under 808.245(c)(l),(2), and

(3)

 would

tend

 to constitute “dangerous characteristics” and to render

an

otherwise declassifiable waste

 a “special handling waste”.

However,

 the Board will refrain from explicitly limiting the

Agency

 in this regard,

 so as to afford the Agency opportunity

to

consider other

 types of “dangerous properties”

 or other types

of

circumstances which might warrant labelling

 a waste as

 a “special

handling waste”.

 The Board solicits comments

 of this

 issue.

For the foregoing reasons,

 the proposal

 in this docket

is

modified

 for purposes of submitting an interim request for public

comment

 to read as follows:

104

541

—12—

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

1:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 808

SPECIAL WASTE CLASSIFICATIONS

SUBPART A:

 GENERAL PROVISIONS

Section

808. 100

808.101

808. 110

808.111

808.121

808.122

808.123

Section

808.240

808. 241

808.242

808.243

808.244

808.245

808.246

Section

808.400

808.401

808.402

808.410

808.411

808.412

808. 413

808.420

808.430

808. 431

Purpose,

 Scope and Applicability

Transitional Rule

Definitions

Incorporations by Reference

Generator

 Obligations

Manifests

Small

Quantity

Generators

SUBPART

CLASSES

SPECIAL

 WASTE

Special

Waste

Classes

Default Classification of Special Wastes

 Special Handling Waste

Categorical Wastes

Characteristic Wastes

Classification of Wastes

Toxicological

Testing

SUBPART

CRITERIA

AND

DATA

REQUIREMENTS

Introduction

Degree

Hazard

Determination

Computer

Data

Base

SUBPART

REQUEST

FOR

WASTE

CLASSIFICATION

Introduction

Application

Forms

Ap~lication for Waste Classification

Physical

and

Chemical

Analysis

Significant

Trace

Constituents

Common

Names

Wastestream

Descr ipt

ion

Quality

Assurance

Plan

Decree

Hazard

Data

Toxicological Testing

SUBPART

E:

 REVEW

 OF CLASSIFICATION REQUESTS

Section

808.501

Order

Requesting

Information

Section

808.300

808.301

808.302

in!.

~z,L.2

—13—

808.502

 Completeness

808.503

 Standard for Classification

SUBPART

F:

 WASTESTREAM CLASSIFICATION DETERMINATIONS

Section

808.520

 Time for Agency Action

808.521

 Conditions of Wastestream Classification

808.522

 Final Agency Action

SUBPART G:

 MODIFICATION, APPEAL AND ENFORCEMENT

Section

808.541

 Request for Reconsideration

808.542

 Appeal

808.543

 Effect of Classification

808.544

 Enforcement

808.545

Modification

SUBPART

CATEGORICAL

AND

CHARACTERISTIC

WASTES

Section

808.600

 Introduction

808.601

 Reserved

Appendix A

 Assignment

 of Special Waste

 to Classes

Appendix B

 Toxicity Hazard

AUTHORITY:

 Implementing Sections 21,

22,

 22.01 and 22.9, and

authorized by Section

27

 of the Environmental Protection Act

(Ill.

 Rev.

 Stat.

 1987,

ch.

 111 1/2, pars.

 1021,

 1022,

 1022.01,

1022.9 and 1027.)

SOURCE:

 Adopted

 in R89—l3A at

 Ill.

 Reg.

effective

SUBPART

GENERAL

PROVISIONS

Section 808.100

 Purpose,

 Scope and Applicability

a)

 This Part provides a means

 by which persons may obtain

a

declassification or classification of special

 (non-RCRA)

waste

 as defined

 in Section 808.110

 to assure that the

waste receives appropriate handling based on the degree

of hazard of the waste

 or other characteristics.

 This

Part does not apply to materials which are not special

wastes as defined by the Act.

b)

 This Part

 is intended to allow any person generating

such special

 waste

 to request waste classification and

prescribes procedures by which applicants may supply

detailed information

 in order

 to establish the

appropriate waste classification.

 For purposes of this

104 543

—14—

Part,

 the term “classification”

 includes

declassification.

 Waste which has been declassified

shall not be deemed to be special waste until further

action

 to the contrary by the Agency pursuant to

 this

Part.

Section 808.101

 Transitional Rule

Wastestreams which have been declassified by the Agency pursuant

to Section 22.9(c) of the Act prior

 to the effective date of

these

 rules

 shall remain declassified for

 a period of not more

than two years

 following the effective date of these

 rules,

unless extended by the Board in a variance proceeding.

 In order

to

accommodate

its

workload,

the

 Agency may by not less than 180

days’

 prior written notice require generators to make

reapplication by a date certain within this two year time period;

the Agency may extend

 its reapplication deadline for

 a period of

not more than an additional

 180 days but

 in no event may the

Agency extend the deadline

 to a date more

 than two years

following the effective date of

 these

 rules.

 Upon timely

application, such wastestreams shall

 remain declassified during

the pendency of any Agency determination or any appeal

 to the

Board of such determination pursuant

 to Section 22.9(e)

of

the

Act.

 As provided in Section 808.241, all special wastes not

subject to the RCRA requirements of

35

 Ill. Adm. Code 721 shall

be deemed to be Class A special wastes unless a contrary

determination

has

been

made

pursuant

this

Part.

Section

808.110

Definitions

“Act”

means

the

Environmental

Protection

Act,

Ill.

Rev.

Stat.

1987,

ch.

111

1/2,

pars.

1001

seq.

“Agency”

means

the

Illinois

Environmental

Protection

 Agency.

“Board”

means

the

Illinois

Pollution

Control

Board.

“Declassified

Waste”

means

 waste which has been determined

pursuant

Section

808.245

not

special

 waste.

“Degree of hazard”

 is determined as provided in Section

808.247.

“Hazardous waste”

is

 as defined

in

35

 Ill. Adm. Code 721.

“Special handling waste”

is

 a declassified waste which, due

to its form and mode of containment

 in transport, presents a

danger

to

 a Derson

handling

the

waste

such

that

the

person

needs information about

 the waste

to

safely

“transport

or

store

 the waste”.

 “Special handling

 waste”

 includes any such

waste which would pose

 a dancer

if

handled

 in a manner

similar

 to household waste.

 “Dangers”

 include,

 but are not

limited

to,

 the following:

 fire,

 explosion,

 and emission of

toxic or carcinogenic gas or

 dust.

 “Special handling waste”

11)4

S44

—15—

also includes any special waste which, because of appearance

or packaging,

 resembles waste which would be

 a special

handling waste.

 Such waste

 includes,

 but is not limited to,

any special waste contained in a

 sealed drum.

 Irrespective

of its degree

 of hazard ranking under Section 808.245,

a

special handling waste

is

 a special waste.

“Special

 (non—RCRA) Waste”

is

any special waste not defined

as

 a hazardous waste pursuant

 to Board RCRA regulations at

35

Ill. Adm.

 Code

 721.

BOARD NOTE:

 Section 808.244 provides that special handling

waste which would otherwise be declassified

 is at least

a

Type B special waste.

“Special waste”

 includes any hazardous waste,

 and any

industrial process waste or pollution control waste which has

not been declassified pursuant to Section 808.245.

“Waste” means a “solid waste”

 as defined

in

 35 Ill.

 Adm. Code

810.103.

Section 808.111

 Incorporations by Reference

a)

 The Board incorporates the following materials by

reference:

ANSI.

 Available from the American National

 Standards

 Institute,

 1430 Broadway, New York, New

York

 10018,

 (212)

 354—3300:

ANSI/ASQC Cl—l985, “Specification of General

Requirements for

 a Quality Program”, approved

November, 1985.

ANSI/ASQC Sl-1987,

 “An Attribute Skip—Lot Sampling

Program”, approved March

6,

 1987.

ANSI/ASQC 094-1987,

 “Quality Management and Quality

System Elements

-—

 Guidelines”, Approved June 15,

1987.

ANSI/ASQC Z1.4-198l,

 “Sampling Procedures and

Tables

 for Inspection by Attributes”, Approved

1981.

ANSI/ASQC Zl.9—l980,

 “Sampling Procedures

and

Tables for Inspection by Variables for Percent

Nonconforming”, Approved March

6,

 1980.

ASTM.

 Available from American Society for Testing

and Materials,

 1916 Race Street, Philadelphia, PA

19103,

 (215)

 299—5400:

104~545

—16—

ASTM Standard D 3828—87

 “Standard Test Methods

for

Flash Point

 of Liquids by Setaflash Closed Tester”,

approved December

14,

 1987.

ASTM Standard

 E 896-87

 “Standard Test Method

for

Conducting Aqueous

 Direct Photolysis Tests”,

approved September

25,

 1987.

ASTM Standard E 1147—87

 “Standard Test Method for

Partition Coefficient (n—Octanol/Water)

 Estimation

by Liquid Chromatography”, approved February

27,

1987.

ASTM

Standard

1148-87

“Standard

Test

Method

for

Measurements of Aqueous Solubility”, approved April

3,

1987

NTIS.

Available

from

the

National

Technical

Information Service,

 5285 Port Royal Road,

Springfield, VA

 22161,

 (703)

 487—4600:

“Methods for Chemical Analysis of Water and

Wastes”, Third Edition,

 March,

 1983.

 (Document

number PB 84—128677)

“Test Methods

 for Evaluating Solid Waste,

Physical/Chemical Methods,” EPA Publication number

SW—846 “United States Environmental Protection

Agency

 (Third Edition, November,

 1986).”

b)

 This Section incorporates no future amendments or

editions

Section 808.121

 Generator Obligations

a)

 Each person who generates waste shall determine whether

the waste is

 a special waste.

(BOARD NOTE:

35

 Ill. Adm. Code 722 requires the person

to also determine if

 the waste

is

 a hazardous waste.

b)

No

person shall deliver special waste

 to a hauler unless

the waste is accompanied by

 a manifest as specified in

Section 808.122 and the hauler has

 a special waste

hauling permit issued pursuant

 to 35

 Ill.

 Adm. Code

809.

 The following are exceptions

 to this prohibition:

1)

 The person

is

sub~ectto

 the small quantity

ger.erator

 e:.:empr~on off

 Section 808.123.

2)

 The hauler and waste are subject

 to a

hauler

exemption under

35

 Ill.

 Adrri.

 Code 809.211.

104

 54(~

—

3)

 The Agency has determined pursuant

 to this Part

that the waste

 is not a special waste.

4)

 The waste consists

 of municipal water

 or wastewater

treatment plant sludge regulated under

 a sludge

management plan approval

 by the Agency pursuant to

35 Ill. Adm. Code 309.208.

c)

 No person shall

 cause,

 threaten or allow the treatment,

storage or disposal

 of special waste

 in Illinois except:

1)

At

 a facility permitted or otherwise authorized to

manage

 the special waste pursuant to

35

 Ill.

Adm.

 Code 703 or

 807; or

2)

At

 a facility owned and operated by such person and

subject to the on-site disposal exemption

of

Section 21(d)

 of the Act.

d)

 No person shall deliver

 special waste

 to a hauler

or

a

permitted facility without

 a supplemental wastestream

permit.

e)

 No person shall deliver to

 a hauler

 or permitted

facility waste which has been classified or declassified

by the Agency pursuant to this Part unless the waste

conforms with the description and characteristics

 in the

wastestream classification determination.

Section 808.122

 Manifests

If required by Section 808.121(b),

 the generator

 of any special

waste shall prepare

 a manifest in the form prescribed by

35

 Ill.

Adm. Code 809.501 prior

 to shipment.

Section 808.123

 Small Quantity Generators

Any person who generates a total quantity of

 a special waste of

100 kilograms

 (220

pounds)

less

 any calendar month

 is not

required

 to initiate a manifest when delivering such special

waste

to

 a hauler providing that such waste shall not be

accumulated for more than 190 days prior

 to shipment.

 In any

action to enforce the terms of this Section,

 the burden of proof

shall be on the generator to establish compliance with the time

limit on accumulation.

SUBPART

B:

 CLASSES OF SPECIAL WASTE

Section 808.240

 Special Waste Classes

a)

 This Subpart contains rules

for

 the classification and

declassifiction of special wastes other than those

special wastes which are hazardous pursuant to

35

 Ill.

Adm. Code 721.

 There are two classes of

 such special

104

547

—18—

waste,

 “Class A”

 and “Class B”.

 Wastes which are found

pursuant

 to this Part

 to pose a negligible degree

of

hazard shall be declassified; such declassified wastes

shall

 be deemed

 to be refuse which

 is not special waste;

however, such

 refuse remains subject

 to applicable Board

regulations

 regarding the transport,

 treatment,

 storage

and disposal of non—special wastes.

b)

 “Class A”

 special wastes are those special wastes which

the Agency has not determined pursuant

 to this Part to

be a Class B special waste.

 “Class

 B” special wastes

are those wastes which

 the Agency determines pursuant

to

this Part pose

 a low or moderate degree

 of hazard to

the

environment or

 the public health

 in the course of their

transportation,

 storage, treatment or disposal.

c)

 This Subpart should be read

 in conjunction with the

flowchart in Appendix A.

 The Sections

 of this Subpart

are arranged such that

 the first Section which assigns a

waste classification to the waste controls.

d)

 Subpart

 D contains procedures by which

 a person requests

that the Agency assign special wastestreams to classes.

Section 808.241

 Default Classification of Special Wastes

Any industrial process waste or pollution control waste which

is

not

 a RCRA hazardous waste

is

 a Class A special waste unless and

until demonstrated otherwise to the Agency pursuant to this Part.

Section 808.242

 Special Handling Waste

The

 Agency

may deternine

 that,

 notwithstandin~

its deriree o~

hazard,

 a declassified

waste

is

 a special

handling waste.

Any

such waste shall

 be so identified by the Agency,

 together

with

appropriate conditions

 on its form and mode of containment

in

transport.

 A declassified waste which

is

determined

 to be

a

special handling waste is a Class

 B special waste.

(BOARD NOTE:

 This rule sets the special handling flag.

A

special handling waste will require manifesting

 regardless of

the

predicted degree of hazard score under

 Section 808.245,

to

protect

 the waste hauler, the disposal operator and their

employees.)

Section 808.243

 Categorical Wastes

a)

 Subpart H identifies

 certain categorical wastes and

assigns them

 to classes.

b)

 A waste which meets

 the criteria for inclusion within a

category is

 a special waste of

 the class specified for

the category.

10!

54S

—19—

Section 808.244

 Characteristic Wastes

a)

 Subpart

 H identifies certain waste characteristics and

assigns wastes meeting the characteristics

 to classes.

b)

 A waste which exhibits

 a characteristic is

 a special

waste

 of the class specified for the characteristic.

Section 808.245

 Classification of Wastes

Special wastes which are subject

 to this Subpart shall be

classified or declassified as follows:

a)

 Compute the toxic score.for the wastestream pursuant to

Appendix

B,

 utilizing

 a data base which meets the

standards of Section 808.302; however

if

use

 of Appendix

B is determined by

 the Agency to be inapplicable or

unavailable

 for the wastestream in question,

 the toxic

score may be estimated using equivalent or comparable

procedures.

 Where applicable,

 such toxic

 score shall

include the maximum volume of waste

 to which such score

applies.

b)

 Except as authorized under subsection

 (e), wastes

receiving

 a toxic score

of

 3 shall be deemed to be Class

A special wastes.

c)

 Except as authorized under subsection

 (e), wastes

receiving

 a toxic score

of

 1 or

 2 shall

 be deemed

 to be

Class B special wastes;

 however,

 such wastes shall be

deemed to be Class A special wastes

 if the Agency

determines that:

1)

 The physical form of the waste renders

 it difficult

to manage

 in transport,

 storage

 or handling prior

to final disposition,

or

 in a landfill.

 Examples

of wastes possessing such form are wastes

containing free liquids, and wastes

 in finely

divided form which are conducive to airborne

dispersal.

2)

 The chemical properties of

 the waste,

 if exposed to

the atmosphere or to an aqueous environment,

 render

it difficult

 to manage

 in the event

of

 a leak,

spill or other inadvertent

 loss of containment

during transport,

 storage or handling prior

to

final disposition, or in

 a landfill.

 Examples

of

wastes possessing such properties are wastes which

produce noxious

 or toxic fumes or gases

in

sufficient concentration and quantity to pose

a

threat

 to the public health or the environment,

wastes which are ignitable or

 flammable,

 wastes

which are readily soluble

 in water, and wastes

104

 54fl

—20—

which are highly mobile

 in an aqueous environment,

including groundwater.

3)

 The unstable nature of the waste renders

it

difficult

 to contain during

 trasnpoTt,

 storage or

handling prior

 to final disposition,

or

 in a

landf~.~1.Examples of wastes pcssessing such

unstaole nature are wastes which are corrosive or

reactive, and any other wastes which, under

foreseeable conditions, may cause the premature

failure of containment devices and structures.

d)

 Wastes

 receiving

 a toxic score of

0

 shall be

declassified, except that such wastes determined by the

Agency to be special handling wastes shall be deemed to

be at least Class

 B special wastes.

e)

 Notwithstanding

 a wastestream’s toxic score,

 the Agency

may condition a lowered classification or

a

declassification of

 a special waste under this

Section.

 Such conditions shall

 be limited to measures

by which the generator shall by particular modes

of

containment or treatment assure that the dangerous

characteristics of the wastes are avoided or reduced;

however, under

 no circumstances shall

 a wastestream with

a toxic

 score of

 3 be declassified based solely upon

its

mode of containment.

 Examples of such measures are

neutralization of acidic wastes prior

 to shipment,

containment or encapsulation of finely divided wastes,

and treatment of ignitable wastes

 so as

 to preclude

ignition.

f)

 All conditions

or

 limitations

 related

 the toxic

 sccrc

(including, where applicable, maximum wastestrearn

volume)

 and classification on declassification ci a

wastestream

shall

specified

in

the

Agency’s

determination.

Section

808.246

Toxicological

Testing

waste

may

assigned

class

 based on toxicological testing

either

the

 waste or

 its components.

SUBPART

CRITERIA

AND

DATA

REQUIREMENTS

Section

808.300

Introduction

This

Subpart

governs

criteria

and

data

 requirements used

to

predict

the

degree

of

hazard

pursuant

Section

808.245.

Section

808.301

Degree

Hazard

Determination

Computer

The

Agency

may

employ

electronic

data

processing

equipment

and

programs

accomplish

the

purposes

off

11)4

550

—21—

this

Subpart.

Any

such

program

must

assign

degree

hazard

according

the

method

specified

Section

808.245.

The

program

must

display

all

data

used

each

degree

hazard

prediction,

together

with

the

source

the

data.

Section

808.302

Data

Base

This

Section

 governs the data base which may be employed

assess

the

physical,

chemical

and

toxicological

properties

 of waste constituents.

b)

 The data base shall consist of data from any source

which the Agency determines

 is reasonably reliable as

a

basis

 for decision.

 Reasonable reliability of

 a source

shall

 be assessed by reference

 to factors including,

but

not

 limited to,

 its scientific validity,

 the consistency

with which the source reflects directly observable data,

including monitoring data, and the consistency of

results of repeated applications of data and formulae.

Such data sources include,

 but are not limited

 to the

following:

1)

 Data from standard reference sources;

Data

published

incorporated

reference

federal regulation or by a regulation adopted by an

agency of the State of

 Illinois;

3)

 Data included in the application under

consideration and

 in written communications between

the applicant and the Agency or

 their

representatives,

 with respect

 to the application;

4)

 Data previously used by the Agency

 in other

wastestream categorization determinations.

Data

from

Agency

inspection,

permitting

and

enforcement files

 relating to the generator or the

wastestream, excluding complaint

 forms except wher

the

complainant

will

available

voluntarily

for

deposition and examination under oath at any

hearing

appeal

pursuant

 Subpart G.

 The Agency shall make available for inspection and

copying by the public

 a list of

 the data sources which

it believes meets the criteria of subsection

(b)

 of this

Section, excluding any data described

 in subsection

(b)(3)

of

 this Section.

104 551

—22—

SUBPART D:

 REQUEST FOR WASTE CLASSIFICATION

Section 808.400

 Introduction

a)

 This Subpart specifies the procedures used to obtain a

waste classificatron from the Agency.

b)

 Waste

 classification may

 be requested by generators of

special waste as specified

 in Subpart A.

Section 808.401

 Application Forms

Persons applying

 for waste classification shall use application

forms promulgated by the Agency.

Section 808.402

 Application

 for Waste Classification

An application

 for waste classification shall,

 at a minimum,

include

 the following

 information:

a)

Basic

information.

1)

 The name,

 address and phone number

 of the original

generator.

2)

 The original generator’s United States

Environmental Protection Agency

 (USEPA)

identification number

(35

 Ill.

 Adm. Code 722.122)

and the Agency

 identification number,

 if the

original generator has already obtained either.

3)

 The name

and address of any

 treater

of

 the waste.

4)

 Any treater’s USEPA identification number and

Agency site number.

5)

 Whether any treater has

 a RCRA permit or

 interim

status.

6)

 A chemical and physical analysis as specified in

Section 808.410.

7)

 A wastestream description as

 specified

 in Section

 808.413.

quality

assurance

plan

specified

in

Section

808.420.

9)

 A description

 off any treatment processes.

10)

 Identification

of

 the disposal site or sites

to

which

the

applicant

proposes

send

the

waste.

10!~552

—23—

(BOARD

NOTE:

This

information

requested

assist

 the Agency

 in reviewing the application.

These

 rules do not preclude use of

 a disposal site

which

 is not identified

 in the application

for

classification.)

11)

 Wastestream number

 of any supplemental wastestream

permit

issued

for

 the waste pursuant

to

35

 Ill.

Adm.

Code

807.210,

and

the

expiration

date

any

such

permit.

b)

 The rationale

 for requesting classification,

 including

all relevant calculations and other

 bases

for

conclusions.

 If Appendix

 B of

 this Part has not been

utilized for purposes of calculating the toxic

 score,

such rationale shall

 indicate the reasons for using an

alternative means of determining the toxic score,

including an explanation as

 to whether the alternative

means chosen

 is equivalent

 to Appendix

B.

c)

 Data establishing that the waste

 is not

 a hazardous

waste pursuant to

35

 Ill. Adm. Code 721.

(BOARD NOTE:

 Wastestream categorization is not

applicable to RCRA hazardous waste.

 If the generator

ant cipates

 that this will be an issue,

 the generator

should include documentation supporting the claim that

the waste

 is not

 a hazardous waste pursuant to 35

 Ill.

Adm. Code 721.)

d)

 Data bearing on whether the waste isa special handling

waste,

 including the physical form of

 ‘the waste and the

mode

 of containment,

if

 any, during transport.

e)

 Whether

 the waste

 is a categorical

 or characteristic

waste.

f)

 Sufficient physical, chemical and toxicological data

to

assign a degree of hazard pursuant to Section 808.245

pursuant to Section 808.430.

necessary,

results

 of toxicological testing as

 specified

 in Section 808.431.

h)

 Such additional information as the generator believes

is

appropriate to show that the waste should be classified

as the generator requests.

1)

 Such additional

 information as

 the Agency determines

is

necessary for

it

to

assign

 the waste

 to a class.

The

Agency may specify additional

 information by a request

directed

to

 the individual applicant.

1OL

553

—24—

Section 808.410

 Physical and Chemical Analysis

Physical and chemical analysis of wastes

 for purposes of this

Subpart

 shall be as follows:

a)

 Samples must be representative of the wastestream.

1)

 Samples must include all waste phases.

2)

 Samples must be taken from areas distributed

spatially within the waste bulk.

3)

 Samples must be distributed over sufficient

 time to

account for variation in the wastestream through

work shifts, seasons,

 etc.

b)

 The following properties

 shall

 be determined and

reported:

1)

 The physical state of each waste phase.

2)

pH.

3)

 Flashpoint.

4)

 Results of an

toxicity

test

 as specified

 in 35

Ill.

 Adm. Code 721.124.

5)

 Density.

c)

 The waste shall be analyzed for

 its constituents as

follows;

1)

 The analysis must

 include all materials introduced

into

process,

 and all materials which come into

contact

 with

products

and

materials

produced

the

process

storage

including

end

products

and

impurities.

2)

 The analysis must include chemicals which will

react with each other under

 the process conditions.

3)

 If available,

 the analysis must

 use the Chemical

Abstracts

 Service

 (CAS)

 name and number

 for each

constituent,

or

 a name from the list of

common

names pursuant

 to Section 808.412.

 Otherwise,

the

person requesting classification

shall

provide

name

and

complete

description

the

constituent.

The

analysis

shall

include

list

major

 constituents and concentrations which accounts for

at least

99

of

 the mass of

 the waste.

 The list

may

 include an entry

for

 “other”

or

 “unknown”,

if

adequately characterized by the list of significant

11)4

55!

—25—

trace constituents provided for below.

The

analysis shall list major constituents of the waste

rounded

 to the nearest tenth of

 a percent,

and

shall be supported by a mass balance.

5)

 Significant

 trace constituents.

 The generator

shall

include

list

and

 the concentration of all

significant trace constituents as defined

in

Section 808.411.

6)

 The analysis shall

 identify all major constituents

and significant

 trace constituents as are listed

in

35

 Ill. Adm. Code 72l.Appendix

H.

d)

 The analysis must

 report the average concentration or

percentage mass value and expected range of each major

constituent and significant trace constituent.

The

expected range must predict the interval within which

95

 of analyses for the constituent are expected to

fall.

 The error analysis must take into account the

 following:

1)

 Temporal variation in the wastestream properties;

2)

 Uncertainties arising from sampling the waste; and

3)

 Uncertainties arising from the method of analysis.

Section 808.411

 Significant Trace Constituents

A significant trace constituent

is

 a constituent revealed by

analysis:

a)

 Which

 is present at

 a concentration percentage mass less

than 1;

 and,

b)

 Which has a toxicity, BiTi,

 as determined in Appendix

8,

less than 500 mg/l.

Section 808.412

 Common Names

The Agency shall adopt a list of common names,

 together with

a

description of each.

(BOARD NOTE:

 The purpose of

 this provision

 is to promote greater

consistency in the naming

 of constituents which are not amenable

to chemical nomenclature.

 The Agency may use this mechanism to

assign common names

 to constituents.

 Suggested names include:

Sand, water,

 wood,

 foodstuff.

 In addition,

 this mechanism can be

used

to

assign

name

and

 toxicological properties

 to complex

mixtures after these have been determined for a wastestream or

a

type of waste—generating process.

1fl4••555

—26—

Section 808.413

 Wastestream Description

a)

 The wastestream description must include the following:

1)

 The name of the generator

 if other than the

original generator identified

 in Section

808.402(a) (1)

2)

 The name

of

 the wastestream as assigned by the

Agency under Section 808.412,

 or as assigned by the

generator

 if no name has been assigned by the

Agency;

3)

 The activity,

 production process or treatment

process which gives rise to the waste;

4)

 A general description of

 the physical and chemical

properties of the wastestream including anticipated

annual volume.

(BOARD NOTE:

 This description may be summary and

narrative;

 detailed description of physical and

chemical properties of

 the wastestream is governed

by Section 808.410).

b)

 The wastestream description may include a description of

a

 range of physical and chemical properties of the

wastestream based on physical and chemical analysis

pursuant

 to Section 808.410, associated with periodic,

occasional or anticipated changes in

 the process which

produces the waste

 (e.g., changes

 in materials used as

coatings,

bonding

agent

solvents).

(BOAPJI) NOTE:

 The wastestrea~ndescription differs

 from

the waste analysis discussed above.

 The wastestream

description

 should describe the waste which

the

applicant

wishes

have

classified,

which

may

not

exactly what the applicant presently produces.

The

waste which

 is subjected to analysis must fit within

the

wastestream description,

 but need not

be

 identical

to

all permutations of

it.

 To avoid having

 to necessarily

repeat the

waste classification process,

 the applicant

should request classification of

 a broadly—defined and

characterized

wastestream

 so as to cover any periodic,

occasional

 or anticipated modification

to

 the waste

properties.

 However,

 this

will

 tend

to

 increase the

degree of hazard ranking of the wastestream.)

Section 808.420

 Quality Assurance Plan

A quality assurance plan shall detail steps which

 the generator

will take

to ensure

 that waste conforms with the wastestream

description.

104551

—27—

a)

 The plan must include employee orientation measures,

 such as

 the following:

1)

 Assignment

 of responsibility for assuring

compliance;

2)

 Employee training;

3)

 Work

 rules;

4)

 Posting of signs;

5)

 Positioning

 of waste receptacles.

b)

 The plan must include periodic and random inspection,

sampling

 and analysis of the wastestream to ensure that

it conforms with the wastestream description.

 The plan

must

 be designed so that

 there is at least a 95

probability that

 loads meet the wastestream description.

The plan may specify measures

 to be taken

 to account for

variables

 in the properties by the wastestream so as to

prevent false negatives.

(BOARD NOTE:

 The applicant should use statistical

quality control

 to devise a plan with an inspection

schedule which meets the above standard based on the

properties and variability of the wastestream.)

c)

 The plan may provide

 for inspection,

 sampling and

analysis by the permitted facility which receives the

waste.

If

so,

 the plan must include

 a written agreement

by the receiving

 facility detailing what

 it will do.

(BOARD

NOTE:

The

permitted

facility

required

permit

and

Ill.

Adm.

Code

811

inspect,

sample

and analyze wastes

 it receives.

 This

 is distinct from

similar activities undertaken by contract on behalf of

the generator pursuant

 to this Section.)

Section

808.430

Degree

Hazard

Data

a)

 The applicant shall

 include its degree of hazard

prediction,

 including the estimated toxic score, with

the application.

(BOARD NOTE:

 The applicant may include the results of a

degree of hazard prediction performed by

 a computer

program.)

b)

 The Agency may request additional data

 if necessary to

assign the waste to a class and the application contains

inadequate information to determine the degree of

 hazard

of

 the waste.

104-557

—28—

(BOARD NOTE:

 If the Agency

 requests data,

 the request

may include a computer-generated result of an attempt

to

perform the degree of hazard prediction, with a specific

request for needed data.)

c)

 Degree of hazard data shall include sufficient

information to predict

 the degree of hazard of

 the waste

pursuant

 to Section 808.245.

 The data includes, but

is

not limited to,

 the following with respect to each

constituent,

 in addition

 to the information normally

present

 in the physical and chemical analysis above:

1)

 Toxicity;

2)

 n-Octanol/water partition coefficient;

3)

 Persistence, measured as the half-life in days;

and

4)

 Solubility

 in water

 in parts per million on a

weight basis.

Section 808.431

 Toxicological Testing

a)

 The applicant may elect

 to include the results of

toxicological testing of components of the waste or of

the waste

 itself.

b)

 The Agency shall request that the applicant perform

toxicological testing of components

or

of

 the waste

 if a

degree of hazard determination

 is necessary to assign

the waste

 to classes and the Agency concludes that

 there

is not adequate information

 in its data base to

determine the degree

 hazard.

c)

 Testing shall be

 to determine

an LDSO

 oral

 rat.

The

Agency may approve alternative toxicological testing

if

the applicant demonstrates

why an LDSO

—

 oral

 rat cannot

be measured.

 The applicant shall document the relation

of the chosen parameter

 to an LD5O

—

 oral

 rat.

SUBPART

REVIEW

CLASSIFICATION

REQUESTS

Section 808.501

 Order

 of Requesting Information

possible,

 the Agency shall categorize the wastestream

without requesting

 or using degree

 of hazard data

pursuant

Section

808.430.

Nothing

herein

shall

preclude

the

Agency

 from requesting

 or using

degree

hazard

data

confirm

the

characteristics

of

 the waste.

(BOARD NOTE:

 For example,

 if the waste

is

a

 categorical

waste,

should

assigned

the

type

for

that

category

without

resort

degree

hazard

data.)

104

 551)

—29—

b)

 If after requesting and receiving degree of hazard data

pursuant

 to Section 808.430,

 the Agency still cannot

determine the degree of hazard,

 the Agency shall request

toxicological

testing

pursuant

 to Section 808.431.

Section 808.502

 Completeness

a)

 An incomplete application is one which has insufficient

information

classify

the

waste,

including

the

lack

degree

hazard

data

 or toxicological testing,

if

necessary.

b)

 If the Agency determines that an application

is

incomplete,

it

shall

classify

the

waste

Class

special waste unless the Agency determines,

 based on

such information as may be available,

 that the waste

is

a RCRA hazardous waste pursuant to

35

 Ill. Adm.

 Code

721.

 However,

 if the applicant waives the decision

period specified by Section 808.504,

 the Agency may hold

an application pending receipt of additional

information.

Section 808.503

 Standard for Classification

Pursuant

 to Section 808.245,

 the Agency shall assign special

waste

 to a class or shall declassify the waste.

SUBPART

F:

 WASTESTREAM CLASSIFICATION DETERMINATIONS

Section 808.520

 Time for Agency Action

a)

 The Agency shall

 issue

 a wastestream classification

determination within

 60 days after

 the date of receipt

of

 a complete application.

 An application

 shall be

deemed complete 30 days following receipt

 by the Agency

unless the Agency notifies the applicant otherwise in

writing.

b)

 The applicant may waive the time for Agency action.

c)

 As provided in Section 22.9(e)

of

 the Act,

 IF THE

AGENCY

FAILS TO ACT WITHIN

 60 DAYS

AFTER

RECEIPT OF THE

REQUEST,

 THE APPLICANT

 ?4AY

SEEK

REVIEW

 BEFORE THE BOARD

PURSUANT TO SECTION

 40 OF

THE

 ACT AS IF THE AGENCY HAD

DENIED AN APPLICATION

 FOR A PERMIT.

Section 808.521

 Conditions of Wastestream Classification

The Agency shall include the following conditions

 in each

wastestream ciassification determination:

a)

 Wastestream description.

104--559

—30—

b)

 Wastestream identification number assigned

 to the

specific determination.

c)

 Classification of the special waste.

d)

 Limitations on the management of

 the waste consistent

with this Part, and

35

 Ill. Adm. Code 809.

e)

 Quality assurance plan.

f)

 Expiration date.

g)

 Such addition conditions as the Agency determines are

necessary to assure that waste managed pursuant to the

classification determination

 is of

 the class specified.

Section 808.522

 rinal Agency Action

Final Agency action shall consist

of

 a final determination of

a

wastestream classification request.

 The Agency takes final

action on the date the wastestream classification determination

is mailed to the applicant.

SUBPART G:

 MODIFICATION, APPEAL AND ENFORCEMENT

Section 808.541

 Request

 for Reconsideration

a)

 Within 35 days after the Agency takes

 final action,

the

applicant may request

 reconsideration.

b)

 The time

 for appeal is stayed pending the Agency’s

action on the request

 for reconsideration.

c)

If

 the application

is

 a request

 for modification of

a

previous

 final wastestream determination,

 the new

determination

 is stayed and the applicant shall continue

to manage waste pursuant to the old determination.

Otherwise,

 the applicant shall manage

 the waste

in

accordance with the new determination pending

reconsideration.

d)

 The Agency’s review of

 a request for reconsideration is

subject

 the same procedures as the original

application.

Section

808.542

Appeal

Within

days

after

the

Agency’s

final

action,

the

apDlicant :~ayappeal

 a wastestream classification

determinatir~nto the Board: Appeals under

 this section

shall

 he subject

 to the requirements applicable

to

permit

appeals

 pursuant

to

35

 Ill.

 Adm. Code 105.

11)4

-S(~n

—31—

b)

 The record before the Board consists of the data base

which was considered by the Agency at the time the

Agency took

 final

 action.

 The applicant may supplement

the record before the Board only under one

 or more of

the following conditions:

1)

 If the applicant attempted to place the information

into the data base before the Agency.

(BOARD NOTE:

 This provision is intended to prevent

the use of appeals to challenge the validity of

degree of hazard data through the introduction of

 new information without the Agency having

the

opportunity to reconsider.)

2)

 If the data base filed by the Agency

 is not

complete with respect

 to materials identified

in

subsection

 (b)(3)

of

 Section 808.302.

Section

 808.543

 Effect

 of Classification

A wastestream classification provides

 the generator with a

determination necessary

 to obtain a wastestream identification

number or

 to obtain a modification

 to a supplemental wastestream

permit,

 which

 in turn

 is necessary for completion of manifests

and reports required by this Part,

35

 Ill.

 Adm. Code 809 and

807.

 The wastestream classification authorizes the generator,

hauler and permitted facility to transport and manage waste

meeting the wastestream description in accordance with

regulations governing the transportation and management of

special waste of the class provided in

 the classification

determination.

Section

 808.544

 Enforcement

Any person may bring an enforcement action pursuant

 to Title VIII

of

 the Act and 35

 Ill.

 Adm. Code 103.

 Penalties are as provided

in Title XII

 of the Act.

 Sanctions include revocation of a

wastestream classification determination.

Section 808.545

 Modification

a)

 A person who has received

 a wastestream classification

may request modification at any time

 by filing

 a new

application.

(BOARD NOTE:

 The generator has

to

 file

 a new

application at the time the waste the generator produces

no longer meets the wastestream description.)

b)

 The Agency shall modify a wastestream classification to

reflect changes in the Act or Board regulations.

The

Agency shall give the generator at least

 30 days prior

104--561

—32—

written notice before

 it modifies the wastestream

classification.

SUBPART H:

 CATEGORICAL AND CHARACTERISTIC WASTES

Section 808.600

 Introduction

a)

 This Subpart defines “categorical wastes” by the type of

generator producing the waste,

 by the process from which

the waste arises or

 by name.

 This Part also defines

“characteristic wastes”

 based on physical

or

 chemical

properties of

 the waste.

b)

 Categorical and characteristic wastes are assigned to

special waste classification based on their general

properties,

 regardless of

 the degree of hazard of

individual wastes or wastestreams.

Section 808.601

 (Reserved)

11)4

 5(’2

—33—

Section 808.Appendix A:

 Assignment of Special Waste to Classes

Request

To

Classify~~~Section 808.402

Lcompiet~Y7

 Section 808.502

Class A

~

~

 Assign

 to Classification based

on Category (Subpart

H)

~CharacteristicWas~

Assign

 to Classification based

on Characteristic (Subpart

H)

Classify Waste According to Degree

of

Hazard

 (Section 808.245)

Class A

 Cl~ssB

 Declassifiable?

special

 Handling Waste~ (Section 808.242)

Declassified

104- 563

—34—

Section 808.Appendix B

 Toxicity Hazard

a)

 The wastestream equivalent toxic concentration is

calculated

 as follows:

Ceq

= A

 SUM(Ci

 BiTi)

wh

e

r e:

1)

 SUM means the sum of the results of the calculation

in parentheses for each component of

the

wastestream

2)

Ci

 is the concentration of component

 i as

 a percent

 of the waste by weight.

3)

Ti

is

 a measure of

 the toxicity of component

i,

as

provided

 in paragraph

 (h).

4)

 A is equal

 to 300.

(BOARD NOTE:

 A is

 a constant used

 to allow the

entry of percent values for Ci,

 and to adjust

the

results so that a

 reference material,

100

 copper

sulfate, with an oral toxicity of 300 mg/kg,

achieves an equivalent toxicity of

 100.

 Under

the

following paragraphs,

 100 kg/month of

 the reference

material has

 a “toxic amount”

 of 10,000, defining

the borderline between a “toxic score”

of

2

or

3

for

 a small quantity generator.

5)

Bi

is

 a constant used

 to convert toxicities

 (Ti)

to

oqui

valent c:al

 Lc-:iciti ca.

 T~i is

 ~ct~:circd

 ftc:.

paragraph

(

b)

S

is

 the maximum size of

 a wastestream shipment

 in kg.

Such maximunm size shall

 be specified as a condition of

the wastestream classification.

1)

 Off—specification,

 surplus or

 spoiled

 food products

and byproducts shall

 be assigned a toxic score of

0

and shall

 not be subject

 to the other provisions

off

this Appendix

B.

 This subsection shall not apply

to such food products or byproducts which

are

contaminated by substances which are subject

 to the

other provisions

of

this

Appendix

other

types of wastes resulting

 from the processing

or

production

 of food products.

2)

Ceq

 is the equivalent

 concentration from paragraph

(a).

c)

 Calculate the toxic score

 as follows:

104-564

—35—

1)

 If the toxic amount

 is less than 100,

 the toxic

score

is

0.

2)

If

 the toxic amount is greater than or equal

 to 100

and less than 1000,

 the toxic score

is

1.

3)

If

 the toxic amount

 is greater

 than or

 equal

to

1000 and less than 10,000,

 the toxic score

is

2.

4)

If

 the toxic amount

 is greater

 than or equal

to

10,000,

 the toxic

 score

is

3.

d)

 Assign

 to types based on toxicity.

1)

If

 the toxic

 score

is

 0 or

3,

 the toxic

 score

is

used

 in Section 808.245 without adjustment.

2)

 If the toxic

 score

is

1

or

2,

 the toxic

 score is

adjusted based on environmental fate pursuant to

the following paragraphs.

e)

 The environmental fate score

(F)

 is calculated as

follows:

F

SUM(CiLi)

where:

1)

 SUM means the sum of

 the results

 of the calculation

in parentheses

 for each component of

the

wastest ream.

2)

Ci

 is the concentration of component

 i as

 a percent

of the waste by weight.

3)

Li

is

 the environmental

 level of the component as

determined by paragraph

(j)

f)

 Adjust toxic score

1)

If

 the environmental fate score

is

 less than 100,

subtract

 1 from the toxic score.

2)

 If the environmental fate score

 is greater

 than or

equal

 to 100 and less than 200,

 the toxic score

is

not modified.

3)

 If the environmental fate score

 is greater

 than or

equal

to

 200,

add

1

to

 the toxic score.

g)

 Return to Section 808.245 with the toxic score or

adjusted toxic score.

h)

 Sources of toxicity data.

11)4—565

—36—

1)

 The generator

 is required to provide information to

substantiate that any waste

 is other than

a

 type A

waste.

2)

 Carcinogens

and rnutagens.

 If available,

 use a TD5O

oral

 rat.

 Otherwise:

A)

 Carcinogens are assigned a Ti of 0.1 mg/kg;

and

C)

 Mutagens are assigned a Ti of

 0.6 mg/kg.

3)

 The best toxicity value

 is selected according to

the following criteria.

A)

 Toxicities are converted to equivalent oral

Loxicities as

 specified in paragraph (i).

B)

 Toxicity values are ranked by source according

to the following priorities,

 with the better

sources listed

 first.

i)

 Oral rat;

 inhalation rat;

 dermal

rabbit;

 or, aquatic toxicity.

ii)

 Other mammalian toxicity values.

C)

 If there

 is more than one value for the

toxicity from the best available source, the

lowest

 (most

 toxic)

 equivalent oral toxicity

value

 is used.

i)

 Conversion factors

 fr: eouiv

cot

 oral.

 t~c:icitics (P..i

Toxicity measure

 Units

RI

Oral

—

 LD5O

 mg/kg

1.

Carcinogen/mutagen

——

 TD5O

 mg/kg

1.

Aquatic

 48 or

 96 hour LC5O

ppm

5.

Inhalation

—

 LC5O

 mg/l

25.

Dermal

 LD5O

 mg/kg

 0.25

1)

If

 a carcinogen or mutagen

 is assigned

 a value

for

Ti

in

 the absence of

 a TD5O,

Ri

 is assigned

a

value

of

1.

j)

 Environmental levels

 (Li).

 If the component

is

innocuous,

Li

 is equal

to

0.

 Otherwise,

 Li for

a

component

 is the highest level

 for that component

 in the

following table,

 based on bioaccumulation,

 persistence

1fl4--566

—37—

and solubility.

If

 a value

 is on the boundary between

ranges,

 the higher value of

Li

 is used.

Bioaccumulation

 Persistence

 Solubility

Li

Mm.

 Max.

Mm.

 Max.

Mm.

 Max.

5

365

———

 10,000

———

3

4

5

30

365

1000

 10,000

1)

 “Innocuous” components are those

 for which BiTi,

as

determined

 in paragraph

 (a),

 is greater than

5000mg/kg.

2)

 Bioaccumulation

 is measured as to logarithm to the

base

 10 of the n-octanol/water partition

coefficient

 for the constituent, measured according

to ASTM E 1147,

 incorporated by reference

in

Section 808.111.

3)

 Persistence

 is determined as provided in paragraph

(k)

4)

 Solubility

 is measured as parts per million on a

weight basis.

 Solubility may be measured according

to the method described in ASTM E 1148,

incorporated by reference

 in Section 808.111.

k)

 Persistence.

 If available,

 a value

 for persistence

 measured as provided

 in subsection

 (k)(l) must be

used.

 Otherwise,

 the table

 of subsection

 (k)(2) must be

used.

1)

 Persistence must be measured according to the

method described in ASTM E 896,

 incorporated by

reference

 in Section 808.111.

2)

 Persistence may

 be estimated using

 the following

table.

 Constituents which

fit

 into more than one

category have the longest half life indicated.

Type of Compound or Material

 Half Life

(days)

Metal,

 metal oxide or inorganic oxide

366

Inorganic salts

366

Asbestos

366

Clay

366

Plastics or polymers

366

Pesticides

366

104 567

—38—

Halogenated hydrocarbons

366

Polyaromatic

hydrocarbons

 and biphenyls

366

Phthalate

esters

366

Paper products

366

Fats, oils and greases

366

Resins and pigments

366

Aromatic and alicyclic hydrocarbons

31

Aliphatic hydrocarbons

More than

 10 carbons

31

10

 carbons or less

1

Not otherwise listed

366

104- 56S

—39—

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

1:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 809

SPECIAL WASTE HAULING

SUBPART A:

 GENERAL PROVISIONS

Section

80~.l01

 Authority,

 Policy and Purposes

809.102

 Severability

809.103

Definitions

SUBPART

SPECIAL

WASTE

HAULING

PERMITS

Section

809.201

 Special Waste Hauling Permits

—

 General

809.202

 Applications

 for Special Waste Hauling Permit

—

Contents

809.203

 Applications

 for Special Waste Hauling Permit

Signatures and Authorization

809.204

 Applications

 for Special Waste Hauling Permit

Filing and Final Action by the Agency

809.205

 Special Waste Hauling Permit Conditions

809.206

 Special Waste Hauling Permit Revision

809.207

 Transfer

of

 Special Waste Hauling Permits

809.208

 Special Waste Hauling Permit Revocation

809.209

 Permit No Defense

809.210

 General Exemption from Special Waste Hauling Permit

Requirements

809.211

 Exemptions

 for Special Waste Haulers

SUBPART C:

 DELIVERY AND ACCEPTANCE

Section

809.301

Requirements

for

Delivery

 of Special Waste

to

Haulers

809.302

 Requirements for Acceptance of Special Waste from

Haulers

SUBPART D:

 VEHICLE NUMBERS AND SYMBOLS

Section

809.401

 Vehicle Numbers

809.402

 Special Waste Symbols

SUBPART

E:

 MANIFESTS,

 RECORDS AND REPORTING

Section

809.501

 Manifests,

 Records, Access to Records and Reporting

Requirements

104 569

—40—

Duration of

 Special Waste Hauler Permits and Tank

Numbers

SUBPART G: EMERGENCY CONTINGENCIES FOR SPILLS

Section

809.701

 General Provision

Section

809.801

809.802

Section

809.901

809.902

809.903

809.904

809.905

809 .906

Compliance Date

Exceptions

SUBPART

 I: HAZARDOUS

 (INFECTIOUS)

 HOSPITAL WASTE

Definitions

Disposal Methods

Rendering Innocuous by Sterilization

Rendering Innocuous by Incineration

Recordkeeping Requirements for Generators

 Defense to Enforcement Action

Appendix

A

 Old Rule Numbers Referenced

AUTHORITY:

 Implementing Sections

5,

10,

 13 and

 22 and authorized

by Section 27

of the Environmental Protection Act

 (Ill.

 Rev.

Stat.

 1981,

ch.

 111—1/2, pars.

 1005,

 1010,

 1013,

 1022,

 and 1027).

SOURCE:

 Adopted at

3

 Ill.

 Reg.

13,

p.

 155,

 effective March

31,

1979;

 emergency amendment at

4

 Ill.

 Reg.

34,

p.

 214, effective

August

7,

 1980 for

 a maximum of

 150 days;

 emergency amendment at

5

 Ill.

 Reg.

 270, effective January

1,

 1981 for

 a maximum of

150

days;

 amended at

5

 Ill.

 Reg.

 6384,

 effective May 28,

 1981;

amended

Ill.

 Reg.

 6378,

 effective May 31,

1981;

codified

7

 Ill. Reg.

 13640, effective September

30,

 1983.;

 recodified from

Subchapter

 h to Subchapter

i

at

8

 Ill.

 Reg.

 13198; amended in

R89—13A

Ill.

Reg.

effective

SUBPART

A:

 GENERAL PROVISIONS

Section 809.103

 Definitions

Unless

 the contrary

is

 indicated,

 terms

 have

 the same meaning

as

in

35

 Ill.

 Adm.

 Code

 810.

 The following

 terms are specifically

defined

 for use

 in this Part:

“Special Waste” —me~n~

 eny ~he~ardet~ wa~keY’-~

pt~ee~we~e”~r ‘p1u~~r~een~re~wa~e-~—isas defined

in

Section

809.601

SUBPART

 F: DURATION OF PERMITS AND TANK NUMBERS

SUBPART H:

 EFFECTIVE DATES

11)4

 57()

—41—

35 Ill. Adm. Code 808.110.

 Special waste may be

either

“class

 A”

 or “class

 B” pursuant

 to 35

 Ill. Adm.

 Code 808.245.

SUBPART

B:

 SPECIAL WASTE HAULING PERMITS

Section 809.211

 Exemptions

 for Special Waste Haulers

The following persons need not obtain a special waste hauling

permit or carry

 a manifest

 if they haul only the waste indicated:

a)

 Any person licensed

 in accordance with the Private

Sewage Disposal Licensing Act,

 Ill. Rev.

 Stat.,

—

 ~98~

eh7—l987,

ch.

 111—1/2,

 par. 116.301

et

 seq.,

and

who

hauls only septic tank pumpings—~riced rie~eb~e4na

apeetel ~eate he~1i-ri~perm~

e~ee~ryarid

ee~p1e~ea

rttanife~

 ~mde~

~h4a

 Pare—.

Any

person

who

hauls

only

 livestock waste intended for

land application pursuant

 to —~eriey~de~rie

 WPe—~

rieed

rie~

ebte~ria

~pee~a3 wa~ehet~+irigperm~ er

carry

arid

eei~ip1e~ea meri~fea~

~rider~h~a Par~—35Ill. Adm.

Code 560.

c)

 -Geriera~eraarid h—Haulers of municipal water

or

wastewater treatment plant sludge which

 is to be applied

to land and which

is

 be -regulated under

 -35 ~

Adr~Cede~- St~b~4~3e

E

ptira~arit

~e —a sludge management

scheme approved by the Agency pursuant to

35

 Ill.

 Adm.

Code 309.208-riced

 rier eb~a4ria apee~a~wea~e

h~ri~

perm~

or prepare7 carry

end

eemp~e~e

a

mari~feat

t~rider

Par~for ~ha~ a3~dge—.

d)

 Any person licensed

in

accordance with “An Act

in

relation to the Disposal of Dead Animals,”

 Ill.

 Rev.

Stat., —~98~76h7—1987,

ch.

8,

 par.

 149.1

 et seq.,

and

who hauls only grease,

 meat packing scraps, dead animals

and parts

 of animals for delivery to a renderer—7

 riced

rie~eb~a4na apee~a~wea~ehat~4ri~perm~or carry

 arid

ee~p~etea r~ari~fe~t

 t~rider ~h~a Part—.

e)

 Any person operating under

 rules and regulations adopted

pursuant

to

 “An Act

 in relation

 to Oil,

 Gas,

 Coal and

Other Surface and Underground Resources,”

 Ill.

 Rev.

Stat., —~98~y?h-~—l987, ch.

 96—1/2, par.

 5401 et

 seq.,

and who hauls only oil and gas extraction wastes as

defined -there±nneed no~ob~a~n

 a apee4a~waa~ehatt~4ri~

or carry arid e~e~e a men~fea~~rider~

 Pare—

in that Act.

f)

 Any person who hauls only radioactive wastes as defined

by the Radiation Protection Act,

 Ill. Rev.

 Stat.,

—~98~ ?h--—l987,

ch.

 111—1/2, par.

 211 et

 seq.—y

 riced

riot ebta~ria apee4a~waate he~4ri~permit or carry

 arid

 eer~o~etea mari4feat

 t2rider th~aPart7—

104-571

—42—

g)

 Any person holding a permit

 or certificate issued by the

Illinois Commerce Commission or the

 Interstate Commerce

Commission and who handles only shipments pursuant

 to a

bill of lading

 in accordance with such Commission’s

regulations— need ne~ebta4rt

 a apeeia3

 weate hatt~4rtg

permi~or carry arid eomp~etea r~tan~featunder th~5Pert-

h)

 Any person who hauls only coal combustion fly ash— need

riot obtain a apec±a~weate ha~Hrig

perr~iit

or carry

 arid

comp’ete a man-~fe~tunder th~aPart-.

 Any person who hauls only declassified waste or refuse.

jj

 Any person who hauls only special waste exempted by

35

Ill. Adm. Code 808.123

 (small quantity generators).

(Source:

 Repealed

 Ill.

 Reg.

effective

)

SUBPART

E:

 MANIFESTS, RECORDS AND REPORTING

Section 809.501

 Manifests,

 Records, Access

 to Records, end

Reporting Requirements and Forms

a)

 Any person who delivers special waste

 to a permitted

special waste hauler shall complete

 a manifest to

accompany the special waste from delivery to the

destination of the special waste.

 The manifest which

shall be provided or prescribed by

 the Agency shall,

as

a minimum, contain the name

 of the generator of the

special waste;

 when and where generated;

 name of the

person

 fror uhom delivery

 is acceptad anr~the name

of

the site fro~awhich delivered;

 the name of

 the special

waste hauler;

 the date of delivery;

 the final disposal,

storage or

 treatment

 site;

 and the name, classification

and quantity of

 the special waste delivered

 to the

hauler.

 The Agency may provide or prescribe

 a different

form

manifest

for

Class

 A special wastes than for

Class B special wastes.

b)

 The manifest shall consist of

 four parts,

 in contrasting

colors,

 such that an entry

 or signature on one part

will

be directly reproduced upon all underlying parts.

The

top part

of

 the manifest shall

be

 signed by the person

who

delivers

special

waste

special

waste

 hauler,

such signature acknowledging such delivery.

 The ~p

Dart of

 the manifest shall also be signed by the special

uaste hauler,

 such signature acknowledging receipt of

the special waste.

 The person

who delivers

 special

waste

special

waste

hauler

shall

aend

ene

copy

of

r~enifeatf’igned by ~he

de1~vererand ~he apee4al

weate he~er to the A~eneyw~th~ritwo werking deya and

~ha11 retain one copy the top part of

 the manifest as

a

11)4--572

—43—

record.

 The remaining four eep4ea three parts of the

manifest shall accompany the special waste shipment.

At

the destination, the second part

of

 the manifest shall

be

 signed by the person who accepts special waste from a

special waste hauler,

 such signature acknowledging

acceptance of the special waste.

c)

 A permitted site which receives special waste

for

disposal, storage

 or treatment

 of special waste must

be

designated on the manifest as the

 final destination

point.

 Any subsequent delivery of

 the special waste

or

any portion or product thereof

 to a special waste hauler

shall

 be conducted under

 a manifest initiated by the

permitted disposal,

 storage or treatment site.

d)

 In all cases,

 the special waste hauler shall deliver

the

third and fourth parts three eop~e~of the complete,

signed manifest

 to the person who accepts delivery of

special waste from the hauler.

 The special waste hauler

shall retain the second part one copy of the completed,

signed manifest as a record

 of delivery to

 a permitted

disposal, storage or

 treatment site.

 In addition,

at

the end of each month,

or

 such longer period of

 time

approved by the Agency,

 the owner and the operator of

the permitted disposal, storage or treatment site who

accepts special waste from a special waste hauler shall

a copy of each eomp3eted7 a4~nedr~’iari~feat

reee~4edd~r~n~

 that period to the hgeneyy

 arid aha~

send the fourth

part

one copy of the completed manifest

to the person who delivered the special waste

 to the

special waste hauler.

e)

 Every person who delivers special waste to a special

waste hauler, every person who accepts special waste

from a special waste hauler and every special waste

hauler

 shall retain a copy their respective parts of

the

special waste manifest

as

 a record of all special waste

transactions.

 These eop~eaparts shall be retained for

three years and shall be made available at reasonable

times

 for inspection and photocopying by the Agency.

 Every person who delivers Class A special waste to

a

~p~cial waste hauler,

 and every person who accepts Class

A special waste from a special waste hauler shall

 file

a

report,

on

forms prescribed or provided by the Agency,

summarizing

all such activity during the preceding

calendar quarter.

 Such reports

 shall,

at

 a minimum,

include

 the information specified

 in subsections

(h)

and

(i)

 of this Section and be filed

 no later

 than the

tenth day of the month following the end of the calendar

quarter.

 This subsection shall

 be applicable to all

Class A special wastes which are delivered to

 a special

waste hauler on or after January

1,

 1990.

104—573

—44—

~j

 Every person who delivers Class B special waste to

a

special waste hauler, and every person who accepts Class

B special waste from a special waste hauler shall file

a

report,

 on forms prescribed or provided by the Agency,

summarizing all such activity during

 the, preceding

calendar year.

 Such reports shall,

at

 a minimum include

the information specified

 in subsection

(h)

 of this

Section and shall

 be filed no later

 than March

 1 of the

following year.

 This subsection shall

 be applicable

to

all Class

 B special wastes which are delivered to a

special waste hauler on or after January

1,

 1990.

~J

 Every quarterly or annual report required to be filed

with the Agency by

 a generator pursuant to subsection

(f)

or

(g)

of

 this Section shall

 include the following:

~j

 The IEPA identification number,

 name and address

of

the generator

2)

 The period (calendar quarter or year)

 covered by

the report

,~j

 The IEPA identification number,

 name and address

for each off—site treatment,

 storage or disposal

facility

 in the United States

 to which waste was

shipped during the period

,~J,

 The name and IEPA identification number

 of each

transporter used during the period

 for shipments

to

a treatment,

 storage or disposal facility within

the United States

~)

The

IEPAsu~:rlc’~ent~~erm i

 t idetific~,tio~nu~.er

issued for the uastestream shipped off-site;

and

6)

 A certification signed by the generator

 or the

generator’s authorized representative.

,4j

 Every quarterly or annual report

 required

 to be

 filed

with the Agency

by

 a person accepting special waste from

a waste hauler pursuant

 to subsection

(f)

or

(g)

 of this

Section shall

 include the following information:

a)

The

 IEPA identification number,

 name and address of

the facility

b)

 The period (calendar quarter

or

 year)

 covered

by

the report

~j

 For off—site facilities,

 the IEPA identification

number of each hazardous waste generator

 from which

the facility received

 a non—hazardous

 special waste

during the period;

 for imported ~~prnents, the

104-574

—45—

report must give the name and address of the

foreign generator;

A description and the quantity of each non—

hazardous special waste the facility received from

off—siteduring

 the period.

 This information must

listed

by

IEPA

identification

number

each

generator

The

method

treatment,

storage

 or disposal

for

each non-hazardous special waste;

and

A certification signed by the owner

 or operator of

the facility or the owner

 or operator’s authorized

representataive.

IT

 IS SO ORDERED.

Board Members

J.

 Dumelle and B.

 Forcade dissented.

I, Dorothy M. Gunn, Clerk

 of the Illinois Pollution Control

Board, hereby certify that the above

 I,pterim Opinion and Order

was a4gpted on the ~

 day of

~

 i”--~~

 1989,

 by a vote

of

~

~

/( ~

Dorothy

 M. Gunn,

 Clerk

Illinois Pollution Control Board

104-575

I,

 Dorothy

N.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that th~above

Dissenting Opinion was filed

on the

 day of

~

 ,,1989.

~

Dorothy N. G~unn, clerk,’

Illinois P~iiutionControl Board

10/i

 57(1