ILLINOiS
POLLUTiON
CONTROL BOARD
August
30,
1990
IN
THE
MATTER
OF:
R90—1O
RCRA
UPDATE,
USEPA
REGULATIONS
)
Rulemaking
TCLP
(1-1-90 THROUGH
3—30-90)
FINAL
ORDER.
ADOPTED RULE.
ORDER
OF THE BOARD
(by J. Anderson):
Pursuant
to Section
22.4(a)
of the Environmental
Protection Act
(Act),
the Board
is amending the RCRA hazardous waste
regulations.
The Board will
allow post—adoption comments through September
11,
1990.
Section
22.4 of the Act governs adoption of
regulations
establishing the
RCRA program
in Illinois.
Section 22.4(a) provides for quick adoption of
regulations which
are
identical
in substance’
to federal
regulations;
Section
22.4(a) provides that Title
VII
of
the Act
and Section
5 of the
Administrative Procedure Act shall
not
apply.
Because this rulemaking
is
not
subject
to Section
5
of the Administrative Procedure Act,
it
is
not subject
to
first notice
or
to second
notice
review
by the Joint Comittee on
Administrative Rules
(UCAR).
The federal RCRA regulations
are
found
at
40 CFR
260
througri
270.
This rulemaking updates
Illinois’ RCRA rules
to correspond
with
federal
amendments
during
the
period
January
1
through
March
30,
1990,
including
the
March
29,
1990,
toxicity
characteristic
leaching
procedure
(TCLP).
This
Order
is
supported
by
an
Opinion
adopted
this
same
day.
The
complete
text
of
the
adopted
amendments
is
as
follows.
~i!
~
-2-
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
720
HAZARDOUS
lIASTE
ftANAGEMENT
SYSTEM:
GENERAL
SUBPART
A:
GENERAL PROVISIONS
Section
720.101
Purpose,
Scope
and Applicability
720.102
Availability of Information; Confidentiality
of Information
720.103
Use
of Number and Gender
SUBPART
B:
DEFINITIONS
Section
720.110
Definitions
720.111
References
SUBPART
C:
RULEMAKING PETITIONS AND
OTHER
PROCEDURES
Section
720.120
Rulemaking
720.121
Alternative Equivalent Testing Methods
720.122
Waste Delisting
720. 130
Procedures
for Solid Waste Determinations
720.131
Solid Waste Determinations
720.132
Boiler
Determinations
720. 133
Procedures
for Determinations
720.140
Additional
regulation
of certain hazardous waste Recycling
Activities
on
a
case-by-case Basis
720.141
Procedures for case-by—case regulation
of hazardous waste Recycling
Activities
Appendix A Overview of
40 CFR, Subtitle
C Regulations
AUTHORITY:
Implementing Section 22.4 and
authorized
by Section
27
of the
Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and 1027).
SOURCE:
Adopted
in R81-22,
43
PCB
427,
at
5
Ill.
Reg.
9781,
effective as
noted
in
35 Ill. Adm. Code 700.106;
amended and codified
in R81-22,
45 PCB
317,
at
6 Ill.
Reg. 4828,
effective
as
noted
in
35
Ill. Adm. Code 700.106;
amended
in R82—19
at
7
Ill.
Reg.
14015,
effective Oct.
12,
1983;
amended
in
R84-9,
53 PCB 131
at
9
Ill. Reg.
11819,
effective July
24,
1985;
anended
in
R85-22
at
10
Ill.
Reg.
968, effective January
2,
1986;
amended
in R86-1
at
10
Ill.
Reg.
13998, effective August
12, 1986;
amended
in R85-19
at
10
111.
Reg.
20630, effective December
2,
1986;
amended
in R86—28
at
11
Iii.
Reg.
6017,
effective March
24,
1987;
amended
in R86-46
at
11
Ill.
Reg.
13435,
effective
August
4,
1987;
amended
in R87-5
at
11
Ill.
Reg.
19280,
effective November
12,
1987;
amended
in R87-26
at
12
111.
Reg.
2450,
effective January
15,
1988;
amended
in R87—39
at
12
Ill.
Reg.
12999,
effective July 29,
1988;
amended
in R88—16
at
13
Iii. Reg.
362, effective December
27,
1988;
amended
in R89—1
at
13
111.
Reg.
18278,
effective November
13,
1989;
amended
in. R89-2
at
14 Ill.
Reg.
3075,
effective February 20,
1990;
amended
in R89-9
at
14
ii
tI.941L
Ill.
Reg.
6225,
effective April
16,
1990;
amended
in R9O-1O
at
14 Ill.
Reg.
,
effective
SUBPART
B:
DEFINITIONS
Section
720.110
Definitions
When used
in
35 111. Adm. Code 720 through 725 and
728 only,
the following
terms
have the meanings given below:
“Aboveground
tank” means
a device meeting the definition
of “tank”
that
is situated
in
such
a way
that the entire surface area
of the
tank
is completely above the plane
of the adjacent surrounding
surface
and
the entire
surface area of the tank
(including the tank
bottom)
is able to
be visually
inspected.
‘Act”
or
“RCRA” means the Solid Waste Disposal Act,
as amended
by the
Resource Conservation
and Recovery Act
of 1976,
as
amended
(42 U.S.C.
6901
et seq.)
“Active life”
of
a
facility means
the period from the initial
receipt
of
hazardous waste
at the
facility until
the Agency
receives
certification of
final
closure.
“Active portion” means
that portion
of
a
facility where treatment,
storage
or disposal
operations are being
or have been conducted after
May 19,
1980,
and which
is
not
a closed portion.
(See
also “closed
portion”
and
“inactive portion”.)
“Administrator” means
the Administrator of the
U.S. Environmental
Protection Agency
or
the Administrator’s designee.
“Agency”
means
the Illinois Environmental
Protection Agency.
“Ancillary equipment” means any device
including,
but not
limited
to,
such devices
as
piping,
fittings, flanges,
valves
and
pumps, that
is
used
to distribute,
meter
or control
the
flow of
hazardous
waste from
its
point
of generation
to storage
or treatment tank(s),
between
hazardous waste
storage and treatment tanks
to
a point
of disposal
onsite,
or
to
a
point
of shipment
for disposal off-site.
“Aquifer”
means
a
geologic
formation,
group
of
formations
or
part
of
a formation capable
of yielding
a
significant
amount
of groundwater
to wells
or
springs.
“Authorized representative” means
the person
responsible
for the
overall
operation of
a
facility or
an operational
unit
(i.e.,
part of
a facility),
e.g.,
the plant manager, superintendent
or person
of
equivalent
responsibility.
“Board” means the Illinois Pollution Control
Board.
“Boiler” means
an enclosed device using
controlled flame
combustion
and
having the following characteristics:
ll:’~
~‘;‘~,
-4-
The unit must have physical provisions for
recovering and
exporting
thermal
energy
in the form of
steam,
heated fluids
or
heated gases;
and the unit’s combustion chamber and primary
energy recovery section(s)
must
be
of
integral
design.
To
be
of
integral
design,
the combustion chamber
and the primary energy
recovery section(s)
(such
as waterwalls
and superheaters) must
be
physically formed
into one manufactured or assembled unit.
A
unit
in which the combustion chamber and the primary energy
recovery section(s)
are joined
only by ducts
or connections
carrying flue gas
is
not integrally designed; however, secondary
energy
recovery equipment (such
as
economizers
or air
preheaters) need
not be physically formed
into the
same unit
as
the combustion chamber and the primary energy
recovery
section.
The following units are not precluded from being
boilers
solely because they
are not of
integral
design:
process
heaters
(units
that transfer energy directly to
a process
stream),
and fluidized bed
combustion units;
and
While
in operation,
the unit must maintain
a thermal
energy
recovery efficiency of
at
least
60 percent, calculated
in
terms
of the recovered energy compared with
the thermal
value
of the
fuel;
and
The
unit must export and utilize
at least
75
percent
of the
recovered energy,
calculated
on
an
annual
basis.
In
this
calculation,
no credit
shall
be
given for recovered heat
used
internally
in
the
same
unit.
(Examples
of
internal
use
are
the
preheating
of
fuel
or
combustion
air,
and the driving
of
induced
or
forced draft fans
or feedwater pumps);
or
The unit
is one which the Board
has
determined,
on
a case—by-
case basis,
to
be
a
boiler,
after considering the standards
in
Section 720.132.
“Certification”
means
a statement
of professional
opinion based upon
knowledge and belief.
“Closed Portion” means
that portion
of
a facility which
an
owner
or
operator
has closed
in
accordance with
the
approved
facility
closure
plan
and
all
applicable closure requirements.
(See also ‘active
portion.”
and “inactive portion”.)
“Component” means
either
the tank or ancillary equipment of
a tank
system.
“Confined aquifer” means
an aquifer bounded
above
and
below by
impermeable
beds
or
by
beds
of
distinctly
lower
permeability
than
that
of
the
aquifer
itself;
an
aquifer
containing
confined
groundwater.
“Container”
means
any
portable
device
in
which
a
material
is
stored,
transported,
treated, disposed of
or
otherwise
handled.
114
°~
-5-
“Contingency plan” means
a
document
setting out
an
organized,
planned
and coordinated
course
of
action
to
be followed
in
case of
a
fire,
explosion
or
release
of
hazardous waste
or hazardous waste
constituents which could
tnreaten
human health
or the
environment.
“Corrosion expert” means
a
person who, by
reason
of knowledge of the
physical
sciences
ar:d the principles
of engineering
and mathematics,
acquired
by
a
professional
education and
related practical
experience,
is qualified to engage
in
the practice of
corrosion
control
on buried
or submerged metal
piping
systems
and metal
tanks.
Such
a person must be certified
as
being qualified by
the
National Association
of
Corrosion Engineers
(MACE)
or
be
a registered
professional
engineer who has certification or licensing
that
includes education
and experience
in corrosion control
on buried
or
submerged
metal
piping systems
and
metal
tanks.
“Designated facility”.
“Designated facility” means
a hazardous waste treatment,
storage
or disposal
facility,
—w-Whi ch:
Has
received
a RCRA permit
(or interim
status)
pursuant
to
35
Ill.
Acm.
Code 702,
/03 and
705;
Has
received
a RCRA permit
from USEPA pursuant
to
40
CFR 124
and 270 ~198~
Has
received
a
RCRA
permit
from
a
state
authorized
by
USEP\
pursuant to
40
CFR
271
(1989);
or
Is
regulated under
35
Ill.
Adm. Code
7?1.106(c
)(2)or
266.Subpart
F;
and
Which
has
been
desi grated
on
the
mani fest
by
the
generator
pursuant
to
35
Ill,
Adm. Code 722.120.
If
a waste
is
destined to
a
facility
in
a state,
other
than
Illinois,
which
has
been authorized
by USEPA pursuant
to
40 CFR
271,
but which
has not yet
obtained authorization
to regulate
that waste
as
hazardous,
then the designated facility must
be
a
facility allowed
by
the receiving state
to
accept such waste.
“Dike” means
an. embankment
or ridge
of
either
natural
or manmade
materials used
to prevent
the movement of liquids,
sludges,
solids
or
other materials.
“Director”
means
the Director of
the Illinois Environmental
Protection Agency.
“Discharge”
or
“hazardous waste discharge”
means the accidental
or
intentional
spilling,
leaking,
pumping,
pouring, emitting, emptying
or dumping of
hazardous waste into
or
or
any
lard
or water.
114
C)~7
-U-
“Disposal” means
the discharge,
deposit,
injection, dumping,
spilling, leaking or placing
of any solid waste
or hazardous waste
into or
on any land
or water
so that
such solid waste
or hazardous
waste
or any constituent thereof may enter the environment or
be
emitted
into the air or discharged
into any waters,
including
groundwaters.
“Disposal
facility” means
a facility or part of
a facility at which
hazardous waste
is
intentionally placed into or
on any land or water
and
at
which waste will
remain
after closure.
“Elementary neutralization unit”
means
a
device which:
Is
used for neutralizing wastes which are hazardous only because
they exhibit
the corrosivity characteristic defined
in
35 Ill.
Adm. Code 721.122
or are listed
in
35 ill.
Adm. Code 721.Subpart
D
only for this reason;
and
Meets the definition
of tank,
tank system,
container, transport
vehicle
or vessel
in this Section.
“EPA”
or
“USEPA
“
means United
States Environmental Protection
Agency.
“EPA
hazardous
waste
number”
or
“USEPA
hazardous
waste
number”
means
the
number assigned by EPA
to each hazardous waste listed
in
35 Ill.
Adm. Code 721.Subpart 0 and to each characteristic identified
in
35
Ill. Adm. Code 721.Subpart
C.
“EPA identification number”
or “USEPA identification
number” means
the
number assigned
by USEPA
pursuant to
35
Ill.
Adm. Code
722
through 725 to each generator, transporter and treatment,
storage or
disposal
facility.
“EPA region” means
the
states
and territories
found
in any one of
the
following ten regions:
Region
I:
Maine, Vermont, New Hampshire, Massachusetts,
Connecticut and Rhode Island
Region
II:
New York, New Jersey, Commonwealth
of Puerto Rico
and
the U.S.
Virgin
Islands
Region
III:
Pennsylvania, Delaware, Maryland, West Virginia,
Virginia and
the District of Columbia
Region
IV:
Kentucky, Tennessee,
North Carolina, Mississippi,
Alabama, Georgia,
South Carolina and Florida
Region
V:
Minnesota, Wisconsin,
Illinois, Michigan, Indiana and
Ohio
Region VI:
New Mexico, Oklahoma, Arkansas, Louisiana and Texas
I 14-~-~4’•~
—7—
Region
VII:
Nebraska, Kansas,
Missouri
and Iowa
Region VIII:
Montana, Wyoming, North Dakota,
South Dakota, Utah
and Colorado
Region
IX:
California,
Nevada, Arizona, Hawaii,
Guam, American
Samoa
and Con~nonwealthof the Northern Mariana Islands
Region
X:
Washington,
Oregon, Idaho
and Alaska
“Equi valent method” means
any testing or
analytical
method approved
by the Board
pursuant to Section 720.120.
“Existing hazardous waste management (HWM)
facility”
or “existing
facility”
means
a facility which was
in operation or for which
construction con~encedon
or before November
19,
1980.
A facility
had commenced construction
if
the owner
or operator had obtained the
federal,
state
and
local
approvals or permits necessary
to begin
physical
construction
and
either
A continuous on—site,
physical
construction program had
begun
or
the owner
or operator had entered
into contractual
obligations
--
which could
not
be cancelled or modified without substantial
loss
——
for physical
construction
of
the facility to be
completed within
a
reasonable
time.
“Existing portion” means that
land surface area of
an existing waste
management unit,
included
in the original
Part A permit
application,
on which wastes
have been placed prior
to the issuance of
a permit.
“Existing tank system”
or “existing component” means
a tank system or
component that
is used
for the storage
or treatment of hazardous
waste and that
is
in operation,
or for which installation
has
commenced
on
or prior
to July
14,
1986.
Installation
will
be
considered
to have connenced
if
the owner or operator has
obtained
all
federal
,
State
and
local
approval s or
permits
necessary to
begin
physical
construction
of the site or installation of the tank system
and
if
either
A continuous on-site physical
construction
or installation
program
has
begun;
or
The
owner or
operator has
entered
into contractual
obligations
--
which cannot
be canceled or modified without substantial
loss
——
for physical
construction
of the site or
installation of
the
tank system
to
be completed within
a reasonable
time.
“Facility” means
all contiguous
land and structures, other
appurtenances
and
improvements
on the
land used for treating,
storing
or
disposing
of hazardous waste.
A facility may consist
of several
treatment,
storage
or disposal
operational units
(e.g.,
one or more
landfills, surface
impoundments
or combinations
of
them).
I
I
:~
‘~
‘m
-8-
“Final
closure”
means
the
closure
of
all
hazardous
waste
management
units
at the facility
in
accordance with
all
applicable closure
requirements
so
that
hazardous
waste
management
activities
under
35
Ill.
Adm.
Code
724
and
725
are
no
longer
conducted
at
the facility
unless
subject
to
the
provisions
of
35
Ill.
Adm.
Code
722.134.
“Federal
agency”
means
any
department,
agency
or
other
instrumentality
of
the
federal
government,
any
independent
agency
or
establishment
of
the
federal
government
including
any
government
corporation
and
the Government
Printing Office.
“Federal,
state
and
local
approvals or permits necessary to begin
physical
construction” means permits
and approvals
required under
federal,
state
or
local
hazardous waste
control
statutes, regulations
or
ordinances.
“Food—chain
crops”
means
tobacco,
crops
grown
for
human
consumption
and
crops
grown
for
feed
for
animals
whose
products
are
consumed
by
humans.
“Freeboard”
means
the
vertical
distance
between
the
top
of
a
tank
or
surface
impoundment
dike
and
the
surface
of
the
waste contained
therein.
“Free liquids” means
liquids which readily
separate from the solid
portion of
a waste under ambient temperature and pressure.
“Generator” means any person,
by
site,
whose
act
or process produce
hazardous waste
identified
or listed
in
35 Ill. Adm. Code
721
or
whose act
first
causes
a hazardous waste
to become subject
to
regulation.
“Groundwater” means water
below the land surface
in
a zone of
saturation.
“Hazardous
waste”
means
a
hazardous
waste
as
defined
in
35
Ill.
Adm.
Code
721.103.
“Hazardous
waste
constituent”
means
a
constituent
which
caused
the
hazardous
waste
to
be
listed
in
35
Ill.
Adm.
Code
721.Subpart
0,
or
a
constituent
listed
in
of
35
Ill.
Adm.
Code
721.124.
“Hazardous
waste
management
unit”
is
a
contiguous
area
of
land
or
or
in
which
hazardous
waste
is
placed,
or
the
largest
area
in
which
there
is
significant
likelihood
of
mixing
hazardous
waste
constituents
in
the
same
area.
Examples
of
hazardous
waste
management
units
include
a
surface
impoundment,
a
waste
pile,
a
land
treatment
area,
a
landfill
cell,
an
incinerator,
a
tank
and
its
associated
piping
and
underlying
containment
system
and
a
container
storage
area.
A
container
alone
does
not
constitute
a
unit;
the
unit
includes
containers
and
the
land
or
pad
upon
which
they
are
placed.
I1~
‘13’1
-9—
“Inactive
portion”
means
that
portion
of
a
facility
which
is
not
operated
after
November
19,
1980.
(See
also
“active
portion”
and
“closed
portion”.)
“Incinerator” means any enclosed device using controlled flame
combustion which
is
neither a “boiler”
nor
an
“industrial
furnace”.
“Incompatible waste” means
a hazardous waste which
is
suitable for:
Placement
in
a particular device
or facility because
it may
cause corrosion or decay
of containment materials
(e.g.,
container
inner liners
or tank walls);
or
Commingling with another waste
or material
under uncontrolled
conditions
because
the
commingling
might
produce
heat
or
pressure,
fire
or
explosion,
violent
reaction,
toxic
dusts,
mists,
fumes
or
gases
or
flammable
fumes
or
gases.
(See
35
Ill.
Adm.
Code
725.Appendix
E
for
examples.)
“Industrial
furnace”
means
any
of
the
following
enclosed
devices
that
are
integral
components
of manufacturing processes and that use
controlled
flame
devices
to
accomplish
recovery
of
materials
or
energy:
Cement
ki
1 ns
Lime
kilns
Aggregate
kilns
Phosphate kiins
Coke ovens
Blast furnaces
Smelting, melting
and
refining furnaces
(including
pyrometallurgical
devices such as cupolas,
reverberator
furnaces, sintering machines,
roasters and foundry furnaces)
Titanium dioxide chloride process oxidation
reactors
Methane reforming furnaces
Pulping liquor recovery furnaces
Combustion devices used
in the recovery of sulfur
values
from
spent
sulfuric acid
Any
other
such
device
as
the
Agency
determines
to
be
an
“Industrial
Furnace”
on
the
basis
of
one
or
more
of
the
following
factors:
II
~
-10-
The
design
and
use
of
the
device
primarily
to
accomplish
recovery
of
material
products;
The
use
of
the
device
to
burn
or
reduce
raw
materials
to
make
a
material
product;
The
use
of
the
device
to
burr
or
reduce
secondary
materials
as
effective
substitutes
for
raw
materials,
in
processes
using
raw
materials
as
principal
feedstocks;
The
use
of
the
device
to
burn
or
reduce
secondary
materials
as
ingredients
in
an
industrial
process
to
make
a
material
product;
The use of the
device
in
common
industrial
practice to
produce
a material
product;
and
Other
relevant
factors.
“Individual
generation
site”
means
the
contiguous
site
at
or
on
which
one
or
more
hazardous
wastes
are
generated.
An
individual
generation
site,
such
as
a
large
manufacturing
plant,
may
have
one
or
more
sources
of
hazardous
waste
but
is
considered
a
single
or
individual
generation site
if
the
site
or
property
is
contiguous.
“Inground tank”
means
a device meeting the definition
of
“tank”
whereby
a portion
of the tank wall
is
situated to
any degree within
the
ground,
thereby preventing visual
inspection
of that external
surface area of the
tank that
is
in the ground.
“In
operation” refers
to
a facility which
is
treating, storing
or
disposing of
hazardous waste.
“Injection well” means
a well
into which
fluids are being
injected.
(See also “underground
injection”.)
“Inner liner” means
a continuous
layer
of material
placed
inside
a
tank
or
container
which
protects
the
construction
materials
of
the
tank or container from the contained waste
or
reagents used
to treat
the waste.
“Installation inspector” means
a person who, by
reason
of knowledge
of the physical
sciences
and the principles of
engineering, acquired
by
a professional
education
and
related practical
experience,
is
qualified
to supervise the installation
of tank
systems.
“International
shipment” means
the transportation
of hazardous waste
into or out of the jurisdiction
of the United States.
“Land
treatment facility” means
a facility or part of
a facility at
which hazardous waste
is applied onto or
incorporated into the soil
surface;
such facilities are disposal
facilities
if the waste will
remain after closure.
1I!--~’~2
—11—
“Landfill” means
a disposal
facility
or part
of
a
facility where
hazardous waste
is
placed
in
or on
land
and which
is
not
a pile,
a
land treatment facility,
a
surface impoundment,
an underground
injection well,
a salt dome formation,
an underground mine or
a cave.
“Landfill
cell” means
a discrete volume
of
a
hazardous waste
landfill
which uses
a liner
to provide
isolation of wastes from adjacent
cells
or wastes.
Examples of
landfill
cells
are trenches
and pits.
“Leachate” means any liquid,
including
any suspended components
in
the
liquid, that
has percolated through
or drained from hazardous
waste.
“Liner”
means
a continuous
layer
of natural
or manmade materials
beneath
or
on
the sides
of
a
surface impoundment,
landfill
or
landfill
cell, which restricts the downward or
lateral
escape
of
hazardous waste, hazardous waste constituents
or leachate.
“Leak—detection
system” means
a
system capable
of detecting the
failure
of
either
the
primary
or
secondary
containment
structure
or
the presence of
a release
of hazardous waste
or accumulated
liquid
in
the secondary containment
structure.
Such
a system must employ
operational
controls
(e.g.,
daily visual
inspections for
releases
into the secondary containment
system
of aboveground
tanks)
or
consist
of
an interstitial
monitoring device designed
to detect
continuously and automatically the failure
of the primary
or
secondary containment structure
or
the presence
of
a
release
of
hazardous waste into the secondary containment structure.
“Management”
or “hazardous waste management” means
the
systematic
control
of the collection,
source separation,
storage,
transportation,
processing,
treatment, recovery and
disposal
of
hazardous waste.
“Manifest” means the shipping document originated and signed
by the
generator which contains
the
information
required by
35
iii.
Adm.
Code
722.Subpart
B.
“Manifest
document
number”
means
the
USEPA
twelve
digit
identi fication
number
assigned
to
the
generator
plus
a
unique
five
digit
document
number
assigned
to
the
manifest
by
the
generator
for
recording
and
reporting
purposes.
“Mining
overburden
returned
to
the
mine
site”
means
any
material
overlying
an
economic
mineral
deposit
which
is
removed
to
gain
access
to
that
deposit
and
is
then
used
for
reclamation
of
a
surface
mine.
“Miscellaneous
unit”
means
a
hazardous
waste
management
unit
where
hazardous
waste
is
treated,
stored
or
disposed
of
and which
is
rot
a
container,
tank,
tank
system,
surface
impoundment,
pile,
lard
treatment
unit,
landfill,
incinerator,
boiler,
industrial
furnace,
underground
injection
well
with
appropriate
technical
standards
under
35
Ill.
Adm.
Code
730,
or
a
unit
eligible
for
a
research,
development
and
demonstration
permit
under
35
Ill.
Adm.
Code
703.231.
114 ~‘~3
—12—
“Movement”
means
that
hazardous
waste
transported
to
a
facility
in
an
individual
vehicle.
“New
hazardous
waste management
facility” or “new facility” means
a
facility which began operation,
or for which
construction commenced,
after November
19,
1980.
(See also “Existing hazardous waste
management
facility”.)
“New tank system”
or “new tank component” means
a
tank system
or
component that will
be used for the storage
or treatment
of hazardous
waste and for which installation. commenced after July 14,
1986;
except,
however, for purposes of
35
Ill.
Adm. Code 724.293(g)(2) and
725.293(g)(2),
a new tank system
is
one for which construction
commences after July
14,
1986.
(See also “existing tank system.”)
“Onground tank”
means
a device meeting the definition
of “tank”
that
is
situated
in such
a way that the bottom
of the tank
is
on the same
level
as
the adjacent surrounding surfaces
so
that the external
tank
bottom cannot
be visually
inspected.
“On—site” means the same or geographically contiguous property which
may be divided
by
public
or private right-of-way, provided the
entrance and exit between the properties
is
at
a crossroads
intersection and access
is
by crossing
as opposed
to going along the
right-of-way.
Noncontiguous properties
owned
by the same person
but
connected by
a
right-of—way which
he controls
and
to which the public
does
not
have
access
is
also considered on—site property.
“Open
burning”
means
the
combustion
of
any
material
without
the
following characteristics:
Control
of combustion
air to maintain adequate temperature for
efficient combustion;
Containment
of the
combustion
reaction
in
an
enclosed device
to
provide sufficient residence time and mixing for complete
combustion;
and
Control
of emission of
the gaseous combustion products.
(See
also “incineration”
and “thermal
treatment”.)
“Operator” means
the person responsible for the
overall
operation of
a
facility.
“Owner” means the person who owns
a facility or
part of
a facility.
“Partial
closure” means
the closure
of
a hazardous waste management
unit
in accordance with
the applicable closure
requirements
of
35
Ill. Adm. Code
724 or
725
at
a
facility which
contains
other active
hazardous waste management units.
For example,
partial
closure may
include the closure
of
a tank (including
its associated piping and
underlying
containment systems), landfill
cell,
surface
impoundment,
I
14—~54
_1
~—
waste pile or
other hazardous waste management unit,
while other
units
of
the same facility continue
to operate.
“Person” means
an individual,
trust,
firm, joint
stock company,
federal
agency,
corporation
(including
a
government corporation),
partnership,
association,
state, municipality, commission, political
subdivision
of
a
state
or any interstate body.
“Personnel”
or “facility personnel” means
all
persons who work at
or
oversee the operations
of
a
hazardous waste facility and whose
actions
or failure
to
act
nay result
in noncompliance with the
requirements
of
35 Ill. Adm. Code 724 or 725.
“Pile” means
any noncontainerized accumulation of solid,
non-flowing
hazardous waste that
is used for treatment or
storage.
“Point
source” means any discernible,
confined and discrete
conveyance including,
but not
limited
to,
any pipe,
ditch, channel,
tunnel,
conduit, well, discrete fissure, container,
rolling stock,
concentrated animal
feeding operation
or
vessel
or other floating
craft
from which pollutants
are
or may be discharged.
This term does
not include return
flows
from irrigated agriculture.
“Publicly owned treatment works”
or
“POTW”
is
as defined
in
35 Ill.
Adm. Code 310.110.
“Regional Administrator” means
the Regional Administrator
for the EPA
Region
in which the facility
is located
or the Regional
Administrator’s designee.
“Representative
sample” means
a sample
of
a universe
or whole
(e.g.,
waste
pile,
lagoon, groundwater)
which can
be expected
to exhibit the
average
properties
of
the
uni verse
or
whole.
“Runoff”
means
any
rainwater,
leachate
or
other
liquid
that
drains
over
land
from
any
part
of
a
facility.
“Runon”
means
any
rainwater,
leachate
or
other
liquid
that
drains
over
land
onto
any
part
of
a
facility.
“Saturated
zone”
or
“zone
of
saturation”
means
that
part
of
the
earth’s
crust
in
which
all
voids
are
filled
with
water.
“SIC
Code”
means
Standard
Industrial Code
as defined
in Standard
Industrial
Classification
Manual,
incorporated
by
reference
in
Section
720.111.
“Sludge’ means any solid, semi-solid
or liquid waste generated from
a
municipal,
commercial
or
industrial
wastewater
treatment
plant,
water
supply treatment plant
or air pollution control
facility exclusive of
the treated effluent from
a wastewater treatment plant.
“Small Quantity Generator”
means
a generator which generates
less
than
1000 kg
of hazardous waste
in
a calendar month.
1 L’r~’~~s
-14-
“Solid
waste”
means
a
solid
waste
as
defined
in
35 Ill.
Adm.
Code
721. 102.
“Sump”
means
any pit or reservoir that meets
the definition
of tank
and those troughs
or trenches connected to
it
that serve
to collect
hazardous waste for transport
to hazardous waste storage, treatment
or
disposal
facilities.
“State”
means
any
of
the
several
states,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
islands,
Guam,
American
Samoa
and
the
Commonwealth
of
the
Northern
Mariana
Islands.
“Storage”
means
the
holding
of
hazardous
waste
for
a temporary
period,
at
the
end
of
which
the
hazardous
waste
is
treated,
disposed
of
or
stored
el
sewhere.
“Surface
impoundment”
or
“impoundment” means
a
facility or part of
a
facility
which
is
a
natural
topographic
depression,
manmade
excavation
or diked
area formed primarily
of earthen materials
(although
it may be lined with manmade materials)
which
is designed
to
hold an accumulation
of
liquid wastes
or wastes
containing free
liquids and which
is
not
an injection well.
Examples
of surface
impoundments are holding,
storage, settling and aeration
pits,
ponds
and lagoons.
“Tank”
means
a stationary device, designed to
contain
an accumulation
of hazardous waste which
is constructed primarily of
nonearthen
materials
(e.g., wood,
concrete, steel, plastic) which
provide
structural
support.
“Tank system”
means
a hazardous waste storage
or treatment tank and
its associated ancillary equipment and containment
system.
“Thermal
treatment” means the treatment of hazardous waste
in
a
device which uses elevated temperatures
as
the primary means
to
change the chemical, physical
or biological
character or composition
of the hazardous waste.
Examples of thermal
treatment processes are
incineration, molten
salt, pyrolysis, calcination,
wet air oxidation
and microwave discharge.
(See also “incinerator”
and
“open
burning”.)
“Totally enclosed treatment facility” means
a facility
for the
treatment
of hazardous waste which
is directly connected to
an
industrial
production
process and which
is constructed
and operated
in
a manner which prevents
the
release
of any hazardous waste
or any
constituent thereof
into the environment during treatment.
An
example
is
a
pipe
in which waste acid
is neutralized.
“Transfer facility”
means
any transportation related facility
including
loading docks,
parking
areas,
storage areas
and
other
similar
areas
where
shipments
of
hazardous
waste
are
held
during
the
normal
course
of
transportation.
114-
~“~A
—15—
“Transport
vehicle”
means
a
motor
vehicle
or
rail
car
used
for
the
transportation
of cargo
by any mode.
Each cargo-carrying body
(trailer,
railroad freight
car,
etc.)
is
a
separate transport
vehicle.
“Transportation”
means
the
movement
of
hazardous
waste
by
air,
rail,
highway
or
water.
“Transporter”
means
a
person
engaged
in
the
off—site
transportation
of
hazardous
waste
by
air,
rail,
highway
or
water.
“Treatability
study”
means:
A
study
in
which
a
hazardous
waste
is
subjected
to
a
treatment
process
to
determine:
Whether
the
waste
is
amenable
to
the
treatment
process.
What
pretreatment
(if
any)
is
required.
The
optimal
process
conditions
needed
to
achieve
the
desired
treatment.
The
efficiency
of
a
treatment
process
for
a
specific
waste
or
wastes.
Or,
The
characteristics
and
volumes
of
residuals
from
a
particular treatment process.
Also included
in this definition
for the purpose
of 35
111.
Adin.
Code 721.104(e)
and
(f) exemptions are liner compatibility,
corrosion and other material
compatibility studies
and
toxicological
and health
effects studies.
A “treatability
study”
is
not
a means
to commercially treat
or dispose
of
hazardous waste.
“Treatment” means any method, technique or process, including
neutralization, designed to change
the physical,
chemical
or
biological
character or composition of any hazardous waste
so as
to
neutralize
such waste,
or
so
as
to recover energy
or material
resources from the waste
or
so
as
to render such waste
non-hazardous
or
less hazardous;
safer
to transport,
store
or dispose
of; or
amenable for recovery, amenable for storage
or
reduced
in volume.
“Treatment
zone” means
a
soil
area of the unsaturated
zone of
a land
treatment unit within which
hazardous constituents are degraded,
transformed
or immobilized.
“Underground
injection”
means
the
subsurface
emplacement
of
fluids
through
a
bored,
drilled
or
driven
well;
or
through
a
dug well,
where
the
depth
of
the
dug
well
is
greater
than
the
largest
surface
dimension.
(See
also
“injection well”.)
“Underground
tank”
means
a
device
meeting
the
definition
of
“tank”
lI4-~l~7
—~
—
whose
entire
surface
area
is
totally
below
the
surface
of
and
covered
by
the
ground.
“Unfit—for-use
tank
system”
means
a
tank
system
that
has
been
determined
through
an
integrity
assessment
or
other
inspection
to
be
no
longer
capable
of
storing
or
treating
hazardous
waste
without
posing
a
threat
of
release
of
hazardous
waste
to
the
environment.
“Uppermost
aquifer”
means
the
geologic
formation
nearest
the
natural
ground
surface
that
is
an
aquifer,
as
well
as
lower
aquifers
that
are
hydraulically
interconnected
with
this
aquifer
within
the
facility’s
property
boundary.
“United
States”
means
the
50
States,
the
District
of
Columbia, the
Commonwealth
of
Puerto
Rico,
the
U.S.
Virgin
Islands,
Guam,
American
Samoa
and
the
Commonwealth
of
the
Northern
Mariana
Islands.
“Unsaturated
zone”
or
“zone
of
aeration”
means
the
zone
between
the
land
surface
and
the
water
table.
“USEPA”
means
United
States
Environmental
Protection
Agency.
“Vessel”
includes
every
description
of
watercraft,
used
or
capable
of
being
used
as
a
means
of
transportation
on
the
water.
“Wastewater
treatment
unit”
means
a
device
which:
Is
part
of
a
wastewater
treatment
facility
which
has
an
NPDES
permit
pursuant
to
35
Ill.
Adm.
Code
309
or
a
pretreatment
permit
or
authorization
to
discharge
pursuant
to
35
Ill.
Adm.
Code
310;
and
Receives
and
treats
or
stores
an
influent
wastewater
which
is
a
hazardous
waste
as
defined
in
35
Ill.
Adm.
Code
721.103,
or
generates
and
accumulates
a
wastewater
treatment
sludge
which
is
a
hazardous
waste
as
defined
in
35 Ill.
Adm.
Code
721.103,
or
treats
or
stores
a
wastewater
treatment
sludge
which
is
a
hazardous
waste
as
defined
in
35
Ill.
Adm.
Code
721.103;
and
Meets
the
definition
of
tank
or
tank
system
in.
this
Section.
“Water
(bulk
shipment)”
means
the
bulk
transportation
of
hazardous
waste
which
is
loaded
or
carried
on
board
a
vessel
without
containers
or
labels.
“Well”
means
any
shaft
or
pit
dug
or
bored
into
the
earth,
generally
of
a
cylindrical
form,
and
often
walled
with
bricks
or
tubing
to
prevent
the
earth
from
caving
in.
“Well
injection”
(See
“underground injection”).
“Zone
of
engineering
control”
means
an
area
under
the
control
Of
the
owner
or
operator
that,
upon
detection
of
a
hazardous
waste
release,
can
be
readily
cleaned
up
prior
to
the
release
of
hazardous
waste
or
114-
~5’i
—17—
hazardous
constituents
to
groundwater
or
surface
water.
(Source:
Amended
at
14
Ill.
Reg.
,
effective
Section
720.111
References
a)
The
following
publications
are
incorporated
by
reference:
ANSI.
Available
from
the
American
National
Standards
Institute,
1430
Broadway,
New
York,
New
York
10018,
(212)
354-3300:
ANSI
831.3
and
831.4.
See
ASME/ANSI
831.3
and
831.4
API.
Available from the American
Petroleum Institute,
1220
L
Street,
N.W., Washington, D.C.
20005,
(202)
682-8000:
“Guide
for inspection
of Refinery Equipment, Chapter XIII,
Atmospheric
and Low Pressure Storage Tanks,” 4th Edition,
1981,
reaffirmed December,
1987.
“Cathodic Protection of Underground Petroleum Storage Tanks
and
Piping Systems,”
API Recommended
Practice
1632,
Second
Edition, December,
1987.
“Installation of Underground Petroleum Storage Systems,”
API Recommended Practice
1615,
Fourth Edition, Movember,
1987.
ASME.
Available from the American Society
of Mechanical
Engineers,
345 East 47th Street, New York,
NY
10017,
(212)
705—
7722:
“Chemical
Plant
and
Petroleum
Refinery
Piping”,
ASME/AIISI
B31.3
—
1987,
as
supplemented
by B31.3a
-
1938
and
B31.3b
-
1988.
Also available from AMS1.
“Liquid Transportation Systems
for Hydrocarbons, Liquid
Petroleum Gas, Anhydrous Ammonia,
and Alcohols”, ASME/ANSI
831.4
—
1986,
as
supplemented
by B31.4a
—
1987.
Also
available
from
ANSI.
ASTM.
Available
from
American
Society
for
Testing
and
Materials,
1916
Race
Street,
Philadelphia,
PA
19103,
(215)
299-
5400:
“ASTM
Standard
Test
Methods
for
Flash
Point
of
Liquids
by
Setaflash Closed Tester,”
ASTM Standard 0—3828-87.
“ASTM Standard Test Methods
for Flash Point Pensky—Martens
Closed
Tester,”
ASTM
Standard
0-93-79
or
D-93-8O.
GPO.
Available
from
the
Superintendent
of
Documents,
U.S.
Government Printing Office, Washington, D.C.
2040—1—2,
(202)
783—3238:
-18-
Standard Industrial Classification Manual
(1972),
and 1977
Supplement,
republished
in
1983
“Test Methods
for Evaluating Solid Waste,
Physical/Chemical
Methods”, EPA Publication SW—846
(November,
1986)
and
Revision
I
(December,
1987), Document Number 955-001—00000-.
1
MACE.
Available
from
the
National
Association
of
Corrosion
Engineers,
1400
South
Creek
Dr.,
Houston,
TX
77084,
(713)
492-
0535:
“Control
of External Corrosion on Metallic Buried,
Partially Buried,
or Submerged Liquid Storage Systems”,
NACE Recommended Practice RPO285-85,
approved March,
1985.
NFPA.
Available from the National
Fire Protection. Association,
Batterymarch Park,
Boston,
MA
02269,
(617)
770-3000 or (800)
344—3555:
“Flammable and Combustible Liquids Code” NFPA 30,
issued
July
17,
1987.
Also available from ANSI.
NTIS.
Available from the National
Technical
Information
Service,
5285 Port Royal
Road,
Springfield,
VA
22161,
(703)
487-4600:
“Generic Quality Assurance Project
Plan for Land Disposal
Restrictions
Program”,
EPA/530-SW—87-O11,
March
15,
1987.
(Document number
PB 88—170766.
“Methods for Chemical Analysis of Water
and Wastes”,
Third
Edition, March, 1983.
(Document number
PB 84-128677)
“Procedures Manual
for Ground Water Monitoring
at Solid
Waste Disposal
Facilities”, EPA—53O/SW—611,
1977.
(Document number PB
84-174820)
“Test
Methods
for
Evaluating
Solid
Waste,
Physical/Chemical
Methods,”
—EPA
P~bl-4eat4e~
~~beF
SW—84~~eee~d
i~t4~op.3
1982
as
a~er~ded
~yUpdate
I- ~Ap~~
1984-~ a~’dUpdate ~4
~Ap~l
198~44De?~e~t
~
P~8~—12@294
—See
GPO.
STI.
Available from the Steel
Tank Institute,
728 Anthony
Trail, Northbrook,
IL
60062,
(312)
498-1980:
“Standard
for
Dual
Wall
Underground
Steel
Storage
Tanks”
(1986).
USEPA.
Available
from
United
States
Environmental
Protection
Agency,
Office
of
Drinking
Water,
State
Programs
Division,
WH
550
E,
Washington,
D.C.
20460:
11~°60
—19--
“Technical
Assistance Document:
Corrosion,
Its Detection
and Control
in Injection Wells”, EPA 570/9-87—002, August,
1987.
b)
Code of Federal
Regulations.
Available from the Superintendent
of
Documents, U.S. Government Printing Office, Washington,
D.C.
20401,
(202)
783—3238:
10 CFR
20, Appendix B
(1989)
40
CFR
136
(1989)
40
CFR
142
(1989)
40
CFR
220
(1989)
40
CFR
260.20
(1989)
40
CFR
264
(1989)
40
CFR
302.4,
302.5
and
302.6
(1989)
40
CFR
761
(1989)
c)
Federal
Statutes
Section
3004
of
the
Resource
Conservation.
and Recovery Act
(42
U.S.C.
6901
et
seq.),
as
amended
through
December
31,
1987.
d)
This
Section
incorporates
no
later
editions
or
amendments.
(Source:
Amended
at
14
Ill.
Reg.
,
effective
1 I?~q(~1
-20-
Section
721. 101
721. 102
721. 103
721. 104
721. 105
721. 106
721. 107
Section
721. 110
721.111
Section
721. 120
721. 121
721. 122
721. 123
721. 124
Section
721. 130
721. 131
721. 132
721. 133
Appendix
A
Appendix
B
Appendix
C
Table
A
Table
B
Table
C
Appendix
G
Appendix
H
Appendix
I
Table
A
Table
B
Table
C
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE
DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS
WASTE
OPERATING
REQUIREMENTS
PART
721
IDENTIFICATION
AND
LISTING
OF
HAZARDOUS
WASTE
SUBPART
A:
GENERAL
PROVISIONS
Purpose
of
Scope
Definition
of Solid Waste
Definition
of
Hazardous
Waste
Excl usions
Special
Requirements
for Hazardous Waste Generated by
Small
Quantity Generators
Requirements
for Recyclable Materials
Residues of Hazardous Waste
in Empty Containers
SUPBART
B:
CRITERIA
FOR
IDENTIFYING
THE
CHARACTERISTICS
OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Criteria
for
Identifying
the Characteristics
of
Hazardous
Waste
Criteria
for Listing Hazardous Waste
SUBPART
C:
CHARACTERISTICS
OF
HAZARDOUS WASTE
General
Characteristic
of
Ignitability
Characteristic
of
Corrosivity
Characteristic
of
Reactivity
GhaFaeteF~st+ee~EP Toxicity Characteristic
SUBPART D:
LISTS
OF HAZARDOUS WASTE
General
Hazardous Wastes From Nonspecific Sources
Hazardous Waste from Specific Sources
Discarded Commercial Chemical
Products, Off-Specification
Species, Container Residues and
Spill
Residues Thereof
Representative
Sampling
Methods
EP Toxicity
Test
Procedures
Chemical
Analysis Test Methods
Analytical
Characteristics
of Organic Chemicals
(Repealed)
Analytical
Characteristics
of Inorganic Species
(Repealed)
Sample
Preparation/Sample
Introduction
Techniques
(Repealed)
Basis
for Listing Hazardous Wastes
Hazardous Constituents
Wastes
Excluded
under
Section
720.120
and
720.122
Wastes Excluded from Hon—Specific Sources
Wastes Excluded from Specific Sources
Wastes Excluded From Commercial Chemical
Products, Off—
Specification Species, Container Residues,
and
Soil Residues
114
~
—21—
Thereof
Appendix
3
Method
of
Analysis
for
Chlorinated
Diben.zo-p-Dioxins
and
Dibenzofurans
Appendix Z
Table
to Section
721.102
AUTHORITY:
Implementing Section 22.4 and authorized
by Section
27 of the
Environmental
Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in
R81-22,
43
PCB
427,
at
5
Ill.
Reg.
9781, effective
as
noted
in
35
Ill.
Adm.
Code
700.106;
amended
and
codified
in
R81-22,
45
PCB
317,
at
6
Ill.
Reg.
4828,
effective
as
noted
in
35
Ill.
Adm.
Code
700.106;
amended
in. R82—18,
51
PCB
31,
at
7
Ill. Reg.
2518,
effective February 22,
1983;
amended
in
R82—19,
53
PCB
131,
at
7
Ill.
Reg.
13999,
effective
October
12,
1983;
amended
in
R84—34,
61
PCB
247,
at
8
Ill.
Reg.
24562,
effective
December 11,
1984;
amended
in
R84-9,
at
9 Ill.
Reg.
11834, effective July 24,
1985;
amended
in R85-22
at
10 111.
Reg.
998, effective January
2,
1986;
amended
in
R85—2
at
10
Ill.
Reg.
8112,
effective
May
2,
1986;
amended
in
R86-1
at
10
Ill.
Reg.
14002,
effective
August
12,
1986;
amended
in
R86-19
at
10
Ill.
Reg.
20647,
effective
December
2,
1986;
amended
in
R86—28
at
11
III.
Reg.
6035,
effective
March
24,
1987;
amended
in
R86-46
at
11
111.
Reg.
13466,
effective
August
4,
1987;
amended
in R87-32
at
11
Ill.
Reg.
16698, effective
September 30,
1987;
amended
in R87-5 at
11
Ill. Reg.
19303,
effective
November12,
1987;
amended
in R87—26 at
12
Ill.
Reg. 2456, effective January
15,
1988;
•amended
in
R87-3O
at
12
Ill.
Reg.
12070,
effective
July
12,
1988;
amended
in R87-39
at
12
Ill.
Reg.
13006,
effective July 29,
1988;
amended
in
R88-16
at
13 Ill. Reg.
382, effective December
27,
1988;
amended
in R89-1
at
13
Ill.
Reg.
18300,
effective
November
13,
1989;
amended
in
R90—2
at
14
111.
Reg.
,
effective
;
amended
in R90—1O
at
14
Ill.
Reg.
,
effective
SUBPART
A:
GENERAL PROVISIONS
Section 721.104
Exclusions
a)
Materials
which
are
not
solid
wastes.
The
following
materials
are
not
solid
wastes
for
the
purpose
of
this
Part:
1)
Sewage:
A)
Domestic
sewage;
and
B)
Any mixture
of
domestic sewage and
other waste that
passes
through
a sewer
system
to publicly-owned treatment works
for treatment.
“Domestic sewage” means
untreated sanitary
wastes
that
pass
through
a
sewer
system.
2)
Industrial
wastewater
discharges
that
are
point
source
discharges witn
IIPDES
permits
issued
by
the
Agency
pursuant
to
Section
12(f)
of
the
Environmental
Protection
Act
and
35
Ill.
Adm. Code 309.
BOARD NOTE:
This exclusion applies
only to the actual
point
source discharge.
It does
not exclude
industrial wastewaters
114 -9
-22—
while they are being collected,
stored
or treated before
discharge,
nor does
it
exclude sludges that
are generated by
industrial wastewater treatment.
3)
Irrigation
return
flows.
4)
Source, special
nuclear
or by-product material
as defined
by the
Atomic Energy Act
of
1954,
as amended
(42 U.S.C.
2011
et
seq.)
5)
Materials subjected to
in—situ
mining
techniques
which
are
not
removed
from the
ground
as part of the extraction process.
6)
Pulping
liquors
(i.e.,
black
liquor) that are reclaimed
in
a
pulping
liquor
recovery furnace and then reused
in
the
pulping
process, unless
accumulated speculatively
as
defined
in Section
721. 101(c);
7)
Spent
sulfuric acid used to produce
virgin sulfuric acid,
unless
it
is accumulated speculatively
as defined
in. Section
721.101(c).
8)
Secondary materials
that are reclaimed and
returned to the
original process
or
processes
in which they were generated where
they are
reused
in
the production
process, provided:
A)
Only tank storage
is involved, and the entire process
through
completion
of reclamation
is
closed
by being
enti rely connected with pipes
or other comparable enclosed
means
of conveyance;
B)
Reclamation does not
involve controlled
flame combustion
(such
as occurs
in boilers,
industrial
furnaces or
incinerators);
C)
The secondary materials are
never accumulated
in
such tanks
for over twelve months without being
reclaimed;
and
0)
The reclaimed material
is not used
to produce
a
fuel,
or
used to produce products that are used
in
a manner
constituting disposal.
b)
Solid wastes which are not hazardous wastes.
The
following
solid
wastes are
not hazardous wastes:
1)
Household waste,
including household waste that
has been
collected,
transported,
stored,
treated, disposed,
‘ecovered
(e.g., refuse—derived
fuel)
or
reused.
“Household waste” means
any waste material
(including garbage, trash
and sanitary wastes
in
septic tanks) derived from households (including single and
multiple
residences,
hotels and motels, bunkhouses,
ranger
stations, crew quarters, campgrounds,
picnic grounds
and day—use
recreation areas).
A resource recovery facility managing
municipal
solid waste
shall
not be deemed
to
be treating,
storing, disposing of
or otherwise managing hazardous wastes
for
lIt,
‘1~L
-23—
the
purposes
of
regulation
under
this
Part,
if
such
facility:
A)
Receives
and
burns
only:
i)
Household
waste
(from
single
and
multiple
dwellings,
hotels,
motels
and
other
residential
sources)
and
ii)
Solid
waste
from
commercial
or
industrial
sources
that
does not
contain
hazardous waste;
and
B)
Such facility
does not accept
hazardous waste
and
the owner
or operator of
such facility has
established contractural
requirements
or other appropriate notification
or
inspection
procedures
to
assure
that
hazardous
wastes
are
not
received
at
or
burned
in
such
facility.
2)
Solid
wastes
generated
by
any
of
the
following
and
which
are
returned
to
the
soil
as
fertilizers:
A)
The
growing
and
harvesting
of
agricultural
crops.
B)
The raising
of animals,
including animal manures.
3)
Mining
overburden
returned
to
the
mine
site.
4)
Fly
ash
waste,
bottom
ash
waste,
slag
waste,
and
flue
gas
emission
control
waste
generated
primarily
from
the
combustion
of
coal
or
other
fossil
fuels.
5)
Drilling
fluids,
produced
waters,
and
other
wastes
associated
with the exploration, development,
or production
of crude oil,
natural
gas
or
geothermal
energy.
6)
Chromium
wastes:
A)
Wastes
which
fail
the
test
for
the
toxicity
characteristic
—e~EP tex~.e~-ty—(Section 721.124 and Appendix B)
because
chromium
is present
or
are
listed
in Subpart
0 due
to the
presence
of
chromium,
which
do
not
fail
the
test
for
the
toxicity characteristic —e~EP
te~4-ei-ty—for any other
constituent
or
are
not
listed
due
to
the
presence
of
any
other
constituent,
and
which
do
not
fail
the
test
for
any
other
characteristic,
if
it
is
shown
by
a
waste
generator
or
by
waste
generators
that:
i)
The
chromium
in
the
waste
is
exclusively
(or
nearly
exclusively) trivalent chromium;
and
ii)
The waste
is generated from an
industrial process
which
uses
trivalent
chromium
exclusively
(or
nearly
exclusively)
and
the process does not generate
hexavalent
chromium;
and
iii)
The
waste
is
typically
and
frequently
managed
in
non-
il4—QA~
-24-
oxidizing
environments.
B)
Specific
wastes
which
meet
the
standard
in
subsections
(b)(6)(A)(i),
(ii)
and
(iii)
(so
long
as
they
do
not
fail
the
test
for
the
characteristic
of
EP
toxicity,
and
do
not
fail
the
test
for
any
other
characteristic)
are
1)
Chrome
(blue)
trimmings
generated
by
the
following
subcategories
of
the
leather tanning and finishing
industry;
hair
pulp/chrome
tan/retan/wet
finish;
hair
save/chrome
tan/retan/wet
finish;
retan/wet
finish;
no
beamhouse;
through—the—blue;
and
shearling.
ii)
Chrome
(blue)
shavings
generated
by
the
following
subcategories
of
the
leather
tanning
and
finishing
industry;
hair
pulp/chrome
tan/retan/wet
finish;
hair
save/chrome
tan/retan/wet
finish;
retan/wet
finish;
no
beamhouse;
through-the-blue;
and
shearling.
iii)
Buffing
dust
generated
by
the
following
subcategories
of
the
leather
tanning
and
finishing
industry:
hair
pulp/chrome
tan/retan/wet
finish;
hair
save/chrome
tan/retan/wet
finish;
retan/wet
finish;
no
beamhouse;
through—the—bl ue.
iv)
Sewer
screenings
generated
by
the
following
subcategories
of
the
leather
tanning
and
finishing
industry:
hair
pulp/chrome
tan/retan/wet
finish;
hair
save/chrome
tan/retan/wet
finish;
retan/wet
finish;
no
beamhouse;
through-the—blue;
and
shearling.
v)
Wastewater treatment sludges generated by the
following subcategories of
the leather tanning
and
finishing industry:
hair pulp/chrome tan/retan/wet
finish;
hair save/chrome tan/retan/wet finish;
retan/wet finish;
no beamhouse;
through—the-blue;
and
shearling.
vi)
Wastewater treatment
sludges generated
by the
following subcategories of the
leather tanning
and
finishing industry:
hair pulp/chrome tan/retan/wet
finish;
hair save/chrome tan/retan/wet finish;
and
through-the—blue.
vii)
Waste scrap
leather from the leather tanning industry,
the
shoe
manufacturing
industry,
and
other
leather
product manufacturing industries.
viii)
Wastewater
treatment
sludges
from
the
production
of
titanium
dioxide
pigment
using
chromium-bearing
ores
by
the
chloride
process.
7)
Solid
waste
from
the
extraction,
beneficiation
and
processing
of
ores
and
minerals
(including
coal),
including
phosphate
rock
and
1
14—~(T)f,
—25—
overburden
from
the mining
of uranium ore.
For
purposes of this
subsection,
beneficiation
of
ores
and
minerals
is
restricted
to
the
following
activities:
crushing,
grinding,
washing,
dissolution,
crystallization,
filtration,
sorting,
sizing,
drying,
sintering,
pelletizing,
briquetting,
calcining
to
remove
water
or
carbon
dioxide,
roasting,
autoclaving
or
chlorination.
in
preparation
for
leaching
(except
where
the
roasting
or
autoclaviny
or
chlorination)!leaching
sequence
produces
a
final
or
intermediate product that does not undergo further
beneficiation or processing), gravity concentration, magnetic
separation, electrostatic separation,
floatation,
ion. exchange,
solvent extraction, electrowinning, precipitation, amalgamation,
and heap,
dump,
vat
tank and
in
situ leaching.
For the purposes
of
this subsection,
solid waste from the processing of ores and
minerals 4~e4-~des
eRl-ywill
include
only the following wastes:
A.)
lhe
~e ewi~~gsehd wastes
~F8R~
t~epFeeess+P~ef e~esaRd
R~PeFals;
wh~eh
a~e~etai~edw+th+p~th4-s exe1mis~e~
4.3
S1-a~~
~
eeppe~s~el-t4~~
44-3
S1ra~
~
p~4-~a~y
lead
s~elt4~t
4.4-4-3
Red a~d~
~idsf~em~
ba~x4.teFef+R~-Pg~
4-v.)
Phesphegypsw~
~FeR
phespheF4~ae4-d
pFed~et+eR~
v)
Sl-a~~em~ele~eRtal phespheF~spFed~et4-e~
‘,‘4..)
1J~.t4-l
~
~9T
1.991-- p~eeesswastewateFT
ae4.d p4a~t
~I-ewdew~
aed wastewateF
eat~eetplaet
sel4-ds fFe~
p~i-m~a~y
z4-ee
s~el.t4-egaed ~e 4-e4-eg~exeep~~
wastewateF tFeat~eetplaet
sol4-ds wh4.e~aFe ha~aFdeds
~y ehaFaeteF4-st4-e
aed wh4.eh aFe eet pFeeessed~ aed
B)
The
~e1-lew4-eg
selid
wastes
~
the p~eeess4~eg
ef eFes aed
ffl+eeFals~whi.eh
a~eeeedit4-e~a1-l-y Feta4-Red
w4-th4-e
th4s
e~eh~s4ee;
peed4eg
eelleet4-e~aed
eval-~at4-eeef
add4-t4-eRal
data+
#3
Reast/l-eaeh
eFe
Fes+thie
~Fe~ pF+w1aFy
ehFe~*te
pFed~et4-ee~
4-4.3
Gas4-~eFash ~
eeal gas4~4eat4-eet
4-4-4-.)
PFeeess
wastewate~~em~eeal
~as~4eat4-eet
4-v.)
Sag
ta4-l4-e~scFe~pF+F4~a~y
eeppeF
sR~elt4-e~t
v)
Gale4-w~sulfate wastewateF tFeat~eetplaet sl~d~e
~
pF4-~aFyeeppe~~
v4-
~~eaee
efl—gas
sel-4-ds
cF8A~
ele~ep.talphespheF~s
pFeth~et4-eet
II4—~7
v4-4--)
.~OFegypS~
fFe~hydFefl-~eF4-eae*d pFed~et4.eRt
v44-i-3
PFeeess wastewatee fFee~hydFe~l~eF4-e
ae4.d p~ed~et4ee~
i.x) Me pell~t4eeeeet~eld~st/sl-~dge
~F8R~
#eee. blast
~FRaeest
x4
ieee blast ~pe.aeeslagj-
xi-.)
Peeeess wastewatee
cFef4~ pF+~aeylead pFed~et4-eet
x4-4.3
Aie
pe~rl~t4-eeeee~eeld~st/sl~dge
~Fe~l4ghtwei-ght
aggeegate
peed~et~eet
xi-4-4-4
Peeeess wastewatee ~ee~pF+R~aFy~agees4-w~i
peeeess4-eg
by the aehydee~ispeeeessf
x4-~)
Peeeess wastewatee ~ee~phesphee4-e
ae4-d peed~et4-ee~
xv.)
gas4.e
exygee
~eeaee
aed
epee
heaeth
~enaee
s4-ag
fFeR~
c-aebee steel peed~et+ee.t
xv4-3
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pei.~t4-eeceeteel
d~st/sl~dge
~Fe~eaebee
steel
1~
F8
#0 P.
xv#i-3
Sel-cate
peeeessieg
waste
ae4-ds
fees
t4.tae4-w~d4.exide
xv#4-i.3
S~4fatepeeeessi-eg
waste
sel4-ds
~Fe~ti.taR4-En~d4-ex4.de
pF8d~?t4-eRt
x4-x3
Ghlee4-de peeeess+eg waste
seli-ds
~FeF~I
t+tae4-~R~
teteaehlee4-de pFed~et+eet aed~
xx.)
Slag
~F8ffl
pF#R~aFy
~+R?
smelt4-eg~
~j
Slag from primary copper processing
~j
Slay from primary lead processing
.ci
Red
and brown muds from bauxite refining
P1
Phosphogypsum from phosphoric
acid production
~j
Slag from elemental phosphorus production
.LL
Gasifier ash
from coal
gasification
Q)
Process wastewater
from coal
gasification
1±).
Calcium sulfate wastewater treatment plant sludge from
primary copper processing
S
-27—
fl
Slag tailings from primary
copper processing
~fl
Fluorogypsun from hydrofluoric
acid production
~
Process wastewater
from hydrofluoric
acid production
L)
Air pollution control dust/sludge
from iron
blast furnaces
11)
Iron blast
furnace slay
N)
Treated
residue
from
roasting/leaching
of
chrome
ore
p~
Process wastewater from primary magnesium processing
by the
anhydrous process
F)
Process wastewater from phosphoric
acid production
~
Basic oxygen
furnace
and open hearth
furnace
air pollution
control
dust/sludge from carbon
steel
production
~j
Basic
oxygen
furnace
and
open
hearth
furnace
slag
from
carbon
steel
production
~J
Chloride processing waste
solids from titanium
tetrachloride production
fl
Slay from primary zinc smelting;
and,
U)
Until
June 30,
1991,
process wastewater,
acid plant
blowdown and wastewater treatment
plant
solids
from
primary
zinc
smelting
and
refining,
except
for
wastewater
treatment
plant
solids
which
are
hazardous by characteristic
and
which
are not processed.
8)
Cement kiln dust waste.
9)
Solid
waste
which
consists
of
discarded
wood
or
wood
products
which fails
the test for the toxicity characteristic -e~EP
tex4-e4-ty—solely
for
arsenic
and
which
is
not
a
hazardous
waste
for any other
reason
or reasons
if the waste
is
generated by
persons
who utilize
the arsenical-treated wood
and wood products
for these materials’
intended
end
use.
~j
Petroleum-contaminated
media and debris
that fail
the test
for
the toxicity characteristic of Section
721.124 and are
subject
to corrective action
regulations
under
35
Ill.
Adm. Code 731.
c)
Hazardous wastes which are exempted from certain
regulations.
A
hazardous waste which
is generated
in
a
product
or raw material
storage tank,
a
product
or
raw material
transport vehicle
or
vessel,
a product
or
raw material
pipeline, or
in
a manufacturing process
unit or
an associated
non-waste-treatment manufacturing unit,
is not
subject
to
regulation. under
35 111.
Adm. Code
702,
703,
705 and
722
I 14—’~(~’~
-28-
through
725 and 728 or
to the notification
requirements of Section
3010 of RCRA until
it exits the unit
in which
it
was
generated,
unless the unit
is
a
surface impoundment,
or unless the hazardous
waste
remains
in
the unit more than 90 days after the
unit ceases
to
be operated for manufacturing,
or for storage
or transportation of
product
or
raw materials.
d)
Samples
1)
Except
as
provided
in.
subsection
(d)(2),
a
sample
of
solid
waste
or
a sample
of water,
soil
or air, which
is collected for the
sole purpose
of testing
to determine
its characteristics
or
composition.,
is
not
subject to any requirements of this Part or
35
Ill.
Adm.
Code
702,
703,
705
and
722
through
728.
The
sample
qualifies
when:
A)
The sample
is being transported to
a laboratory for the
purpose
of testing;
or
B)
The sample
is being transported
back to the sample
collector after testing;
or
C)
The sample
is being
stored
by the sample collector before
transport
to
a
laboratory
for
testing;
or
0)
The
sample
is
being stored
in
a
laboratory before testing;
or
E)
The sample
is
being
stored
in
a laboratory for testing
but
before
it
is
returned to the sample collector;
or
F)
The
sample
is being
stored temporarily
in. the laboratory
after
testing
for
a
specific purpose
(for example,
until
conclusion of
a court
case or enforcement action where
further testing
of the sample may be
necessary).
2)
In order
to qualify for the exemption in
subsection
(d)(1)(A)
and
(B),
a
sample collector shipping samples
to
a
laboratory and
a laboratory returning samples
to
a sample collector must:
A)
Comply with U.S. Department
of Transportation
(DOT),
U.S.
Postal
Service
(USFS)
or any other applicable shipping
requirements;
or
B)
Comply with the following requirements
if
the sample
collector determines that DOT, USPS
or other shipping
requirements
do not
apply
to the shipment of the sample:
i)
Assure that
the following information
accompanies the
sample:
The
sample
collector’s name,
mailing address
and telephone number;
the laboratory’s
name, nailing
address and telephone number;
the quantity of the
sample; the date of the shipment; and
a description of
the sample.
ii
4—
(~
70
-29-
ii)
Package the sample
so that
ft does not
leak,
spill
or
vaporize from its
packaging.
3)
This exemption does not
apply
if the laboratory
determines that
the waste
is
hazardous but
the laboratory
is
no
longer meeting
any of the conditions
stated
in. subsection
(d)(1).
e)
Treatability study samples.
1)
Except
as
is provided
in subsection (e)(2),
persons who generate
or collect
samples for the purpose
of conducting treatability
studies, as defined
in
35 Ill. Adm.
Code 720.110, are
not
subject
to any requirement of 35
Ill.
Adm.
Code 721 through 723
or
to the notification
requirements
of Section 3010 of
the
Resource Conservation
and Recovery Act.
Nor are such samples
included
in
the quantity determinations
of Section 721.105 and
35 Ill. Adm. Code 722.134(d)
when:
A)
The
sample
is
being
collected
and
prepared
for
transportation
by
the
generator
or
sample
collector;
or,
B)
The sample
is being accumulated
or stored
by the generator
or
sample collector prior
to transportation to a laboratory
or testing facility;
or
C)
The
sample
is
being
transported
to
the
laboratory
or
testing facility for the
purpose
of conducting
a
treatability study.
2)
The exemption
in subsection
(e)(1)
is
applicable
to samples
of
hazardous waste
being collected
and shipped for the purpose of
conducing treatability
studies provided
that:
A)
The generator or sample collector uses
(in. “treatability
studies”) no more than 1000 kg
of any non-acute hazardous
waste,
1
kg
of
acute hazardous waste
or 250 kg
of soils,
water
or
debris
contaminated
with
acute
hazardous
waste
for
each process being evaluated for each generated
wastestream;
and
B)
The mass
of each shipment does not
exceed
1000 kg of non—
acute hazardous waste,
1
kg of
acute hazardous waste
or 250
kg
of soils, water or debris
contaminated with acute
hazardous
waste;
and
C)
The
sample
must be packaged so that
it does
not leak,
spill
or vaporize
from its packaging during shipment
and the
requirements
of subsections
(i)
or
(ii)
are met.
i)
The transportation of
each sample shipment
complies
with U.S. Department
of Transportation (DOT),
U.S.
Postal
Service
(USPS)
or
any other applicable shipping
requirements;
or
11
!~
-97
j
-30-
ii)
If the DOT, USFS or other shipping requirements do
not
apply
to the shipment
of the sample, the following
information must accompany the
sample:
The name,
mailing address and telephone number of
the originator
of the sample;
the name,
address and telephone number
of the facility that will perform the treatability
study;
the quantity of the
sample;
the date of the
shipment;
and,
a description of the sample,
including
its USEPA hazardous waste number.
0)
The
sample
is
shipped
to
a laboratory
or testing facility
which
is
exempt under subsection
(f) or
has
an appropriate
RCRA permit
or interim status.
E)
The generator or sample collector maintains
the following
records
for
a period
ending
3 years after completion
of the
treatability
study:
1)
Copies
of the shipping documents;
ii)
A copy of the contract with the facility conducting
the treatability
study;
iii) Documentation showing:
The amount
of waste shipped
under this exemption;
the name,
address
and USEPA
identification number of the laboratory
or testing
facility that received the waste;
the date the
shipment was made;
and, whether
or not unused
samples
and
residues were returned
to the generator.
F)
The generator reports the information required
in
subsection
(e)(2)(E)(iii) in
its
report
under
35
Ill. Adm.
Code
722. 141.
3)
The Agency may grant
requests, on
a case—by-case basis, for
quantity limits
in excess
of those
specified
in subsection
(e)(2)(A),
for up
to
an additional
500 kg
of any non-acute
hazardous waste,
1
kg of acute
hazardous waste
and 250 kg of
soils, water
or debris
contaminated with acute hazardous waste,
to conduct further treatability
study evaluation when:
There
has been
an equipment
or mechanical
failure during the conduct
of the treatability study;
there
is need to verify the results
of
a previously conducted treatability
study;
there
is
a need
to
study
and analyze alternative techniques within a previously
evaluated treatment
process;
or,
there
is
a need
to do further
evaluation. of
an ongoing treatability study
to determine
final
specifications
for treatment.
The additional
quantities allowed
are subject
to
all
the provisions
in
subsections
(e)(1) and
(e)(2)(B) through
(F).
The generator or sample
collector must
apply
to the Agency and provide
in writing the following
information:
A)
The
reason why the generator or sample collector requires
114 ~~72
—31—
additional
quantity of
sample for the treatability study
evaluation and the additional
quantity needed;
B)
Documentation accounting
for all
samples
of
hazardous waste
from the wastestream which
have been
sent
for or undergone
treatability studies,
including the date each previous
sample was
shipped,
the quantity of
each previous shipment,
the laboratory or testing facility
to which
it
was
shipped,
what treatability
study processes were conducted on each
sample
shipped,
and the available results
of each
treatabi
1 ity
study;
C)
A description
of the technical modifications
or change
in
specifications which will
be evaluated
and the expected
results;
D)
If such further study
is being
required due to equipment
or
mechanical
failure, the applicant must include
information
regarding the
reason
for the failure
or breakdown
and also
include what procedures
or equipment have been made to
protect against
further breakdowns;
and,
E)
Such other information
as
the Agency determines
is
necessary.
4)
Final
Agency determinations pursuant to this subsection. may be
appealed to the Board.
f)
Samples undergoing treatability
studies
at laboratories
or testing
facilities.
Samples undergoing treatability studies
and the
laboratory
or testing
facility conducting such treatability
studies
(to the extent
such facilities are
not otherwise subject
to RCRA
requirements) are not subject
to any requirement of this Part,
or of
35 Ill.
Adm. Code
702,
703,
705,
722
through
726,
and
728,
or
to the
notification requirements
of Section
3010 of the Resource
Conservation.
and Recovery Act, provided that
the requirements
of
subsections
(f)(1)
through
(f)(11) are
met.
A mobile treatment unit
may qualify
as
a testing
facility
subject
to subsections
(f)(1)
through
(f)(11).
Where
a
group
of
mobile
treatment
units
are
located
at the
same site,
the limitations specified
in
subsections
(f)(1)
through
(f)(11) apply
to the entire
group
of mobile treatment
units
collectively as
if
the
group were
one mobile treatment
unit.
1)
No less
than.
45 days before conducting treatability
studies,
the
facility notifies the Agency
in writing
that
it
intends
to
conduct
treatability studies under
this subsection.
2)
The laboratory
or testing facility conducting
the treatability
study has
a USEPA identification number.
3)
No more than
a
total
of 250 kg
of
“as
received” hazardous waste
is subjected to initiation
of treatability studies
in
any single
day.
“As
received” waste refers
to the waste
as
received
in the
shipment from the generator or
sample collector.
l1!,-fl73
-32-
4)
The quantity of
“as
received” hazardous waste stored
at the
facility for the purpose
of evaluation
in treatability studies
does
not exceed 1000
kg,
the
total
of which can
include
500 kg
of
soils, water or debris
contaminated with acute hazardous
waste
or
1
kg
of acute
hazardous waste.
This quantity
limitation does not
include:
A)
Treatability study
residues;
and,
B)
Treatment materials
(including
nonhazardous
solid waste)
added
to “as
received” hazardous waste.
5)
No more than 90 days have elapsed since
the treatability study
for the
sample was completed,
or
no more than one year has
elapsed since
the generator or sample collector shipped the
sample to the laboratory
or testing
facility, whichever date
first occurs.
6)
The treatability study does not involve the placement of
hazardous waste
on the land or open burning of hazardous waste.
7)
The facility maintains
records for
3 years
following completion
of each study that show compliance with the treatment rate
limits
and
the storage time and quantity limits.
The following
specific information mus be included
for each treatability study
conducted:
A)
The
name, address and USEPA identification. ember
of the
generator or sample collector of
each waste sample;
B)
The date the shipment was
received;
C)
The quantity of waste accepted;
D)
The quantity of
“as received” waste
in storage each day;
E)
The date
the treatment
study was initiated
and the amount
of
“as
received” waste
introduced to treatment each day;
F)
The date the treatability study was
concluded;
G)
The date any unused sample
or residues generated from the
treatability
study were returned
to the generator or
sample
collector or,
if sent to
a designated
facility, the name of
the facility and
the USEPA identification number.
8)
The facility keeps,
on—site,
a copy of
the treatability study
contract
and
all
shipping
papers associated with the transport
of treatability study samples
to
and
from the facility for
a
period ending
3 years from the completion date of each
treatability study.
9)
The
facility prepares and submits
a
report
to the Agency by
1 14-974
—33—
March
15
of each year that estimates the number of
studies
and
the amount
of waste expected to
be used
in treatability
studies
during the current year,
and
includes
the following information
for the previous calendar year:
A)
The
name, address
and USEPA identification number of the
facility conducting the treatability
studies;
B)
The types
(by process)
of
treatability studies conducted;
C)
The names
and
addresses of persons
for whom studies have
been conducted (including their USEPA identification
numbers);
D)
The total
quantity of waste
in storage each day;
E)
The quantity
and types
of waste
subjected
to treatability
studies;
F)
When each treatability
study was conducted;
G)
The
final
disposition
of
residues
and unused
sample from
each treatability study;
10)
The facility determines whether any unused
sample
or
residues
generated
by the treatability study are hazardous waste under
Section 721.103 and,
if so,
are subject
to
35 Ill.
Adm. Code
702,
703 and 721 through 728,
unless
the
residues and unused
samples are
returned to the
sample originator under
the
subsection
(e) exemption.
11)
The facility notifies
the Agency
by letter when
the facility
is
no
longer planning to conduct any treatability
studies
at
the
site.
(Source:
Amended at
14 ill. Reg.
,
effective
)
Section 721.108
PCB Wastes Regulated
under TSCA
Polychlorinatedbiphenyl -(PCB—)containmn.y dielectric
fluid and electric
equipment containing such fluid, which are authorized
for use
and regulated
under
40 CFR
761,
incorporated
by
reference
in
35
Ill.
Adm. Code 720.111,
and
which are hazardous only because they fail
the test
for toxicity
characteristic
(hazardous waste codes 0018 through D043 only),
are exempt
from
regulation under
35 111.
Adm. Code
702,
703,
705,
721 through 725,
and
728,
and from the notification
requirements
of Section
3310 of
the Resource
Conservation and Recovery Act.
(Source:
Added at
14
Ill. Reg.
,
effective
SUBPART
C:
CHARACTERISTICS
OF HAZARDOUS WASTE
Section 721.124
~haeaetee4~st4-e
ef EP Toxicity Characteristic
114—~75
-34-
a)
A solid waste exhibits
the characteristic of
texi-e4-ty—EP Tex4-e4-ty—
if, using the test methods described
in Appendix -a—B or equivalent
methods —f42G~l2l3—approvedby the Agency under the procedures
set
forth
in Sections 720.120
and
720.121,
the extract from
a
representative sample of
the waste contains
any of the contaminants
listed
in
—Table
I-—the table
in subsection
(b)
at
a concentration
equal
to
or greater
than the respective
value given
in that table.
Where the waste
contains
less than 0.5 percent filterable
solids,
the
waste
itself,
after
filtering using the methodology outlined
in
Appendix B,
is considered
to
be the extract
for the purpose-s- of
this Section.
BOARD NOTE:
Generators
are required
to
use the TCLP test for the
hazardous waste determination under
35
Ill.
Adm. Code 722.120
as
of
September
25,
1990.
Provided,
however, that,
as
specified
at
55 Fed.
Rey.
11850,
March
29,
1990,
small
quantity generators
of
100
to
1000
k9/ month,
as defined
in
35 Ill. Adm. Code 721.105, may continue
to
use the
EP toxicity test until
March
29, 1991.
The EP toxicity test
is Method
1310 in
SW 846, “Test
Methods for Evaluating Solid Wastes,
Physical/Chemical
Methods”, incorporated
by
reference
in
35
Ill. Adm.
Code
720.111.
b)
A solid waste that exhibits the characteristic of -EP
tex4-ty-
toxicity,
but
is
not listed as
a
hazardous waste
in Subpart U,
has
the USEPA Hazardous Waste Number specified
in —Table I-—the following
table which corresponds
to the toxic contaminant causing
it
to
be
hazardous.
-able
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l
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t~Ik~ICD
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1
~4’-
-36-
3
Quantitation
limit
is greater than the calculated regulatory
level.
The quantitation
limit
therefore becomes the regulatory
level.
4
If
0—,
m-,_p—cresol
concentrations cannot
be differentiated,
the
total
cresol
(D026)
concentration
Ts used.
The reyulatory~’level
of total
cresol
is
200.0
mg/L.
(Source:
Amended
at
14 Ill. Reg.
,
effective
SUBPART
0:
LISTS OF HAZARDOUS WASTE
Section 721.130
General
a)
A
solid waste
is
a hazardous waste
if
it
is
listed
in this Subpart,
unless
it
has been excluded from this list under
35
Ill. Adm. Code
720.120 and 720.122.
b)
The basis
for listing the classes
or types
of wastes
listed
in this
Subpart
is
indicated by employing one or more of
the Hazard Codes:
1)
Hazard Codes:
A)
Ignitable Waste
(I)
B)
Corrosive Waste
(C)
C)
Reactive Waste
(R)
D)
—EP Tex4e—Toxicity Characteristic Waste
(E)
E)
AcuteHazardousWaste
(H)
F)
Toxic Waste
(T)
2)
Appendix S identifies
the constituent which caused
the
Administrator to list the waste
as
an —EP Tex~e—Toxicity
Characteristic Waste
(E) or Toxic Waste
(T)
in Sections 721.131
and
721.132.
c)
Each hazardous waste listed
in this Subpart
is assigned
an EPA
Hazardous Waste Number which precedes the name of the waste.
This
number must be used
in complying with the notification
requirements
of Section 3010 of the Act and
certain recordkeeping and reporting
requirements under
35
III.
Adm. Code 702,
703, 722 through 725 and
728
and 40 CFR 122.
d)
The following hazardous wastes
listed
in Section 721.131
or 721.132
are subject
to the exclusion limits for acute
hazardous wastes
established
in Section
721.105:
hazardous wastes numbers
FOZO, F021,
F022, F023,
F026 and F027.
(Source:
Amended
at
14 111.
Reg.
,
effective
)
1
14--97~
-37-
Section
721.131
Hazardous Wastes
From. Nonspecific
Sources
The following
solid wastes are
listed hazardous wastes
from non—specific
sources unless
they are excluded under
35
Ill.
Adm. Code 720.120
and
720.122
and listed
in. Appendix
I.
EPA Hazardous
Industry and
Waste No.
Hazardous Waste
Hazard
Code
FOOl
The following spent halogen.ated solvents
(T)
used
in degreasing:
tetrachloroethylene,
trichloroethylene,
methylene chloride,
1,1,1—trichloroethane,
carbon. tetrachloride
and chlorinated fluorocarbon.s;
all
spent
solvent mixtures
and
blends used
in degreasing
containing,
before use,
a
total
of
ten percent or more
(by volume)
of
one or more of the above
halogenated solvents or those
solvents listed
in
FOO2,
FOO4 or
F005;
and
still
bottoms
from
the recovery of these
spent
solvents and
spent solvent mixtures.
F002
The following spent halogenated
solvents:
(T)
tetrachloroethylene,
rnethylene
chloride,
trichloroethylene,
1,1,1-trichloroethane, chlorobenzene,
1 ,1,2-trichloro-1,2,2-
trifluoroethane, orthodichlorobenzene,
trichlorofluoromethane
and 1,1,2-trichloroethane;
all
spent
solvent mixtures
and
blends containing, before use,
a
total
of ten percent
or more
(by volume)
of one or more of the above halogenated
solvents
or
those solvents
listed
in FOOl, FOO4 or F005;
and still
bottoms
from the recovery of these spent
solvents
and spent
solvent
mixtures.
F003
The following spent
non-halogenated
solvents:
(I)
xylene,
acetone,
ethyl
acetate,
ethyl
benzene,
ethyl
ether,
methyl
isobutyl
ketone,
n—butyl
alcohol
,
cyclohexanone and
methanol;
all
spent solvent mixtures
and blends
containing,
before use, only the above
spent non—halogenated
solvents;
and
all
spent solvent mixtures and blends containing,
before use,
one
or more of the above n.on—halogenated solvents and
a
total
of
ten percent
or
more (by volume)
of one or more
of
those
solvents listed
in FOOl,
F002,
F004
or FOO5;
and
still
bottoms
from the
recovery of these spent
solvents and spent
solvent
mixtures.
FOO4
The following spent non-halogen.ated solvents:
(T)
cresols
and cresylic acid and nitrobenzene;
all
spent solvent
mixtures and
blends
containing,
before
use,
a
total
of
ten
percent
or
more
(by
volume)
of
one
or
more
of
the
above
non-
halogenated solvents
or those
solvents
listed
in FOOl,
FOO2
or
F005;
and
still
bottoms from the
recovery of these
spent
solvents
and
spent
solvent mixtures.
FOO5
The following spent
non-halogenated solvents:
(1,
1)
toluene, methyl
ethyl
ketone, carbon disulfide,
isobutanol
pyridine,
benzene, 2-ethoxyethanol
and 2—nitropropane;
all
spent
solvent mixtures and
blends, containing,
before use,
a
total
of
ten percent
or more
(by volume)
of one or more of
the
above non-halogenated solvents or those
solvents
listed
in
FOOl,
FOO2 or FOO4;
and
still
bottoms from the recovery
of
these
spent solvents
and spent
solvent mixtures.
114
~7C)
-38-
FOO6
Wastewater treatment sludges from
(T)
electroplating operations
except
from the following processes:
(1)
sulfuric
acid anodizing of aluminum;
(2)
tin plating
on
carbon steel;
(3) zinc plating
(segregated
basis)
on
carbon
steel;
(4)
aluminum
or
zinc—aluminum
plating
on carbon
steel;
(5)
cleaning/stripping associated
with
tin.,
zinc and
aluminum
plating
on
carbon
steel;
and
(6)
chemical
etching
and
milling
of
aluminum.
FO19
—WastewateF tFeat~eAtsl-~4~es~
the ehe~4eal
eeRveEsi~epeeat4~gef al~~~-See
Below
FOO7
Spent
cyanide plating bath solutions from
(R, T)
electroplating operations.
FOO8
Plating
bath
residues
from
the bottom of
(R,
T)
plating baths
from electroplating operations where cyanides
are
used
in
the process.
FOO9
Spent
stripping and
cleaning bath solutions
(R, T)
from
electroplating
operations
where
cyanides
are
used
in
the
process.
FOlD
Quenching bath residues from oil
baths
(R,
I)
from metal
heat treating operations where cyanides are used
in
the process.
FOil
Spent
cyanide solutions from salt bath
(R, T)
pot cleaning from metal
heat treating operations.
F012
Quenching wastewater treatment sludges
from
(T)
metal
heat treating operations where cyanides are used
in the
process.
F0l9
Wastewacer treatment sludges
from the
chemical
~fl
conversion.
coating
of
aluminum
except
from
zirconium
phosphating
in
aluminum can washiny~when
such phosphating
is
an
exclusive conversion coating process.
FO2O
Wastes
(except wastewater and spent
carbon
(H)
from hydrogen chloride purification) from the production.
or
manufdcturing use
(as
a
reactant, chemical
intermediate
or
component
in
a formulating
process) of tn— or
tetrachlorophenol,
or of
intermediates used
to produce their
pesticide derivatives.
(This
listing does
not include wastes
from the production of hexachlorophene from highly purified
2,4,5—trichlorophenol
.)
F021
Wastes
(except wastewater and spent
carbon
(H)
from hydrogen chloride purification) from the production.
or
manufacturing use (as
a reactant, chemical
intermediate
or
component
in
a formulating process)
of pentachlorophenol,
or of
intermediates used
to
produce
its derivatives.
F022
Wastes
(except wastewater and spent
carbon
(H)
from hydrogen chloride purification) from the manufacturing use
(as
a reactant,
chemical
intermediate
or component
in
a
formulating process)
of tetra-,
penta—
or hexachlorobenzenes
under alkaline conditions.
F023
Wastes
(except wastewater and
spent carbon
(H)
from hydrogen chloride purification) from the production
of
materials on equipment previously used for the production
or
manufacturing use (as
a
reactant, chemical
intermediate
or
compor~ntin
a formulating process)
of tn— and
tetrachlorophenols.
(This
listing does
not include wastes
from
1l4--flS()
-39-
equipment used only
for the production
or use of
hexachlorophene from highly purified 2,4,5- trichlorophen.ol.
FO24
Process wastes
including but
not limited
(T)
to, distillation residues,
heavy ends,
tars,
and
reactor
cleanout wastes,
from the production
of
certain chlorinated
aliphatic hydrocarbons
by free radical
catalyzed processes.
These
chlorinated aliphatic hydrocarbons are
those having
carbon chain lengths
ranging from one
to and including
five,
with varying amounts
and positions of chlorine
substitution..
(This
listing does not
include wastewaters, wastewater
treatment
sludges,
spent
catalysts
and
wastes
listed
in
this
Section
or Section
721.132.)
FO25
Condensed
light ends,
spent
filters and filter aids,
and
(T)
spent dessicant wastes
from the production
of
certain
chlorinated
aliphatic hydrocarbons
by free
radical
catalyzed
processes.
These chlorinated
aliphatic hydrocarbons
are those
having carbon chain
lengths
ranging from one to and including
five,
with varying amounts
and positions of
chlorine
substi tution.
FO26
Wastes
(except wastewater and spent
carbon
(H)
from hydrogen chloride purification) from the production
of
materials on equipment previously used
for the manufacturing
use
(as
a
reactant, chemical
intermediate
or
component
in
a
formulating process)
of tetra-, penta—
or hexachlorobenzene
under alkaline conditions.
FO27
Discarded unused
formulations containing
(H)
tn-, tetra-
or pentachlorophenol
or discarded unused
formulations containing compounds derived from these
chlorophenols.
(This listing does not
include formulations
containing hexachlorophene
synthesized
from prepurified
2,4,5-
trichlorophenol
as the sole component).
F028
Residues resulting from the incineration
(T)
or thermal
treatment of
soil contaminated with hazardous waste
numbers F020,
FO21,
FO22,
F023, F026
and FO2J.
(Board Note:
The primary hazardous properties of these materials have been
indicated by the letters
T
(Toxicity),
R (Reactivity),
I
(Ignitability),
and
C
(Corrosivity).
The letter
H indicates Acute Hazardous Waste.)
(Source:
Amended
at
14 Ill.
Reg.
,
effective
Section. 721.Appendix
B
—EP Ted~e4tyTest PFeee~Pes—Method1311 Toxicity
Characteristic Leaching Procedure
(TCLP)
—See Appe~di-~
I-I- ~e 49 G~R2~r—TheBoard
incorporates by reference 40 CFR
261, Appendix
II, as
amended
at
55
Fed. Reg.
11798, March
29,
1990.
This
Section incorporates
no future editions or modifications
(Source:
Amended at
14 Ill. Reg.
,
effective
)
Section 721.Appen.dix C
Chemical Analysis Test Methods
4—nFl~
-40-
The Board incorporates by
reference 40 CFR 261, Appendix
III
(1989),
as
amended
at
54 Fed.
Reg. 41407, October 6,
1989,
and as
amended
at
55 Fed.
Reg.
8948,
March
9,
1990.
This
Section
incorporates
no
future
editions
on
modi fications.
(Source:
Amended
at
14 111.
Reg.
,
effective
114- 9S2
—41-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
722
STANDARDS APPLICABLE TO GENERATORS
OF HAZARDOUS WASTE
SUBPART A:
GENERAL
Section
722.110
Purpose, Scope
and Applicability
722.111
Hazardous Waste Determination
722.112
USEPA Identification Numbers
SUBPART
B:
THE MANIFEST
Section.
722.120
General
Requirements
722.121
Acquisition of Manifests
722.122
Number of Copies
722.123
Use
of
the
Manifest
SUBPART
C:
PRE -TRANS PORT
REQUI REMENTS
Section
722.130
Packaging
722.131
Labeling
722.132
Marking
722.133
Placarding
722.134
Accumulation. Time
SUBPART U:
RECORDKEEPING AND REPORTING
Section
722.140
Recordkeeping
722.141
Annual
Reporting
722.142
Exception Reporting
722.143
Additional Reporting
722.144
Special
Requi-ements for Generators
of between
100 and
1000
kilograms
pen month
SUBPART
E:
EXPORTS
OF HAZARDOUS WASTE
Section
722.150
Applicability
722.151
Definitions
722.152
General
Requirements
722.153
Notification of Intent
to Export
722.154
Special Manifest Requirements
722.155
Exception Report
722.156
Annual Reports
722.157
Recordkeeping
SUBPART
F:
IMPORTS
OF HAZARDOUS WASTE
Section
722.160
Imports
of Hazardous Waste
SUBPART 5:
FARMERS
11 A--~~S1
-42-
Section
722.170
Farmers
Appendix A
Hazardous Waste Manifest
AUTHORITY:
Implementing Section 22.4 and authorized
by Section
27
of the
Environmental
Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in. R81—22,
43. PCB
427,
at
5 Ill. Reg.
9781, effective
as
noted
in
35
Ill. Adm. Code
700.106; amended
and codified in R81-22,
45 PCB
317,
at
6 Ill.
Reg. 4828,
effective
as
noted
in
35
Ill. Adm. Code 700.106;
amended
in R82—18,
51 PCB
31, at
7
111.
Reg.
2518, effective February 22,
1983;
amended
in R84-9 at
9 Ill. Reg.
11950,
effective July 24,
1985;
amended
in. R85-22
at
10
Ill. Reg.
1131,
effective January
2,
1986;
amended
in R86-l
at
10
Ill. Reg. 14112, effective August
12,
1986;
amended
in. R86-19
at
10 Ill.
Reg.
20709,
effective
December
2,
1986;
amended
in
R86-46
at
11
Ill.
Reg.
13555, effective August
4,
1987;
amended
in R87-5
at
11
Ill. Reg.
19392,
effective November
12,
1987;
amended
in R87-39
at
12 Ill. Reg.
13129,
effective July 29,
1988;
amended
in R88-16
at
13 Ill. Reg.
452, effective
December
27,
1988;
amended
in R89-1
at
13 Ill. Reg. 18523, effective November
13,
1989;
amended
in R9O—1O
at
14 111.
Reg.
effective
SUBPART
B:
THE MANIFEST
Section 722. 123
Use of
the Manifest
a)
The generator -~st—shall:
1)
Sign
the manifest certification by hand;
and
2)
Obtain the handwritten
signature of the
initial
transporter and
date of acceptance
on the manifest;
and
3)
Retain one
copy,
in
accordance with —s—Section_722.140(a);
and
4)
Send
one copy of the manifest to the Agency within two working
days.
b)
The generator —mast—shall
give the
transporter
the remaining copies
of the manifest.
c)
For shipments of hazardous waste within the United
States solely by
water
(bulk
shipments
only),
the
generator
-~st—shall send
three
copies of the manifest dated
and
signed
in accordance with this
Section
to the owner or operator of the designated facility
of the
last water
(bulk shipment) transporter
to
handle the waste
in the
United States
if exported by water.
Copies
of the manifest are not
required
for each transporter.
d)
For rail
shipments of hazardous waste within the United
States which
originate
at the
site of generation,
the generator -~st—shallsend
at
least three
copies of the manifest dated and
signed
in accordance
1
14—’~4
-43-
with this section
to:
1)
The next non—rail
transporter,
if any;
or
2)
The designated facility
if
transported solely
by
rail;
or
3)
The last rail
transporter to
handle the waste
in. the United
States
if exported by
rail.
-44ete~
——
See §—BOARD NOTE:
See Section
723.120(e) and
(f)
for special
provisions for rail
or water
(bulk shipment)
transporters.
e)
For
shipments of hazardous waste
to
a designated facility in
an
authorized state which has not yet obtained authorization to
regulate
that particular waste
as
hazardous,
the generator shall
assure that
the designated facility agrees
to
sign and
return the manifest
to the
generator,
and that any out-of-state transporter
signs and forwards
the manifest to the designated
facility.
(Source:
Amended at
14 Ill.
Reg.
,
effective
)
-44-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
5:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 724
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART A:
GENERAL PROVISIONS
Section
724.101
Purpose,
Scope and Applicability
724.103
Relationship to
Interim Status
Standards
SUBPART B:
GENERAL FACILITY STANDARDS
Section
724.110
Applicability
724.111
Identification Number
724.112
Required Notices
724. 113
General Wa~teAnalysis
724.114
Security
724.115
General
Inspection Requirements
724.116
Personnel Training
724.117
General
Requirements
for Ignitable, Reactive or Incompatible
Wastes
724.118
Location Standards
SUBPART
C:
PREPAREDNESS
AND
PREVENTION
Secti on
724.130
Applicability
724.131
Design
and Operation of Facility
724.132
Required Equipment
724.133
Testing
and Maintenance
of Equipment
724.134
Access
to Communications
or Alarm System
724.135
Required Aisle Space
724.137
Arrangements with Local Authorities
SUBPART 0:
CONTINGENCY
PLAN AND EMERGENCY PROCEDURES
Section
724.150
Applicability
724.151
Purpose
and Implementation of Contingency Plan
724.152
Content of Contingency Plan
724.153
Copies
of Contingency Plan
724.154
Amendment of Contingency Plan
724.155
Emergency Coordinator
724.156
Emergency Procedures
SUBPART
E:
MANIFEST
SYSTEM, RECORDKEEPING
AND
REPORTING
Section
724.170
Applicability
724.171
Use of Manifest System
724.172
Manifest Discrepancies
724.173
Operating Record
724.174
Availability, Retention and Disposition of Records
-45-
Annual
Report
Unmanifested Waste Report
Additional Reports
SUBPART
F:
RELEASES FROM SOLID WASTE MANAGEMENT
UNITS
Applicability
Required Programs
Groundwater Protection Standard
Hazardous Constituents
Concentration Limits
Point
of Compliance
Compliance Period
General Groundwater Monitoring Requirements
Detection Monitoring Program
Compliance Monitoring Program
Corrective Action Program
Corrective Action for Solid Waste Management Units
SUBPART
G:
CLOSURE AND POST-CLOSURE
Applicability
Closure Performance Standard
Closure Plan;
Amendment of Plan
Closure; Time Allowed For Closure
Disposal
or Decontamination. of Equipment, Structures
and Soils
Certification of Closure
Survey Plat
Post-closure Care and Use of Property
Post—closure Plan;
Amendment of Plan
Post—closure Notices
Certification of Completion of Post-closure Care
SUBPART
H:
FINANCIAL
REQUIREMENTS
Applicability
Definitions
of Terms As Used In This Subpart
Cost Estimate for Closure
Financial Assurance for Closure
Cost Estimate for Post—closure Care
Financial Assurance
for Post-closure Care
Use of a Mechanism for Financial Assurance of
Post—closure Care
Liability Requirements
Incapacity of Owners
or Operators, Guarantors
Institutions
Wording
of the Instruments
SUBPART
I:
USE AND MANAGEMENT
OF CONTAINERS
Applicability
Condition of Containers
Compatibility of Waste With
Management
of Containers
724. 175
724. 176
724.177
Section
724. 190
724.191
724. 192
724.193
724.194
724. 195
724.196
724.197
724. 198
724.199
724. 200
724. 201
Section
724.210
724. 211
724. 212
724. 2 13
724.214
724.215
724.216
724.217
724. 218
724.219
724.220
Section
724.240
724. 241
724.242
724.243
724. 244
724.245
724. 246
7 24.247
724.248
724.251
Section
724.270
724.271
724. 272
724. 2 73
Both Closure
and
or Financial
Canta iner
I 14—~)S7
-46-
724.274
Inspections
724.275
Containment
724.276
Special
Requirements for Ignitable or Reactive Waste
724.277
Special
Requirements for Incompatible Wastes
724.278
Closure
SUBPART J:
TANK SYSTEMS
Section
724.290
Appl icability
724.291
Assessment of Existing Tank System’s Integrity
724.292
Design and Installation. of
New
Tank Systems
or Components
724.293
Containment and Detection of Releases
724.294
General Operating Requirements
724.295
Inspections
724.296
Response to Leaks
or Spills and Disposition
of Leaking or unfit—
for-use Tank Systems
724.297
Closure and Post-Closure Care
724.298
Special Requirements for Ignitable
or Reactive Waste
724.299
Special
Requirements
for incompatible Wastes
724.300
Special Requirements for Hazardous Wastes FO2O, F021,
F022,
FO23,
FO26 and FO27
SUBPART
K:
SURFACE
IMPOUNDMENTS
Section
724.320
Applicability
724.321
Design
and Operating Requirements
724.322
Double-lined
Surface Impoundments:
Exemption from Subpart
F:
Ground—water Protection Requirements (Repealed)
724.326
Monitoring and Inspection
724. 327
Emergency Repairs; Contingency Plans
724.328
Closure and Post-closure Care
724.329
Special Requirements
for Ignitable or Reactive Waste
724.330
Special Requirements
for Incompatible Wastes
724.331
Special Requirements
for Hazardous Wastes FO2O,
F021,
F022,
FO23,
F026 and F027
SUBPART L:
WASTE PILES
Section
724.350
Applicability
724.351
Design and Operating Requirements
724.352
Double-lined Piles:
Exemption from Subpart
F:
Ground-water
Protection Requi rements (Repealed)
724.353
Inspection
of Liners:
Exemption from Subpart
F:
Ground-water
Protection Requirements (Repealed)
724.354
Monitoring and inspection
724.356
Special Requirements
for Ignitable or Reactive Waste
724.357
Special Requirements
for Incompatible Wastes
724.358
Closure
and Post-closure Care
724.359
Special Requirements
for Hazardous Wastes
FO2O, F021,
FO22,
FO23,
FO26 and F027
SUBPART
M:
LAND TREATMENT
Section
724.370
Applicability
11
4--93~
—47-
724.371
Treatment Program
724.372
Treatment Demonstration
724.373
Design
and
Operating
Requi rements
724.376
Food-chain Crops
724.378
Unsaturated Zone Monitoring
724.379
Recordkeeping
724.380
Closure
and Post-closure Care
724.381
Special
Requirements
for Ignitable or Reactive Waste
724.382
Special
Requirements
for Incompatible Wastes
724.383
Special
Requirements
for Hazardous Wastes FO2O,
FO21, F022,
F023,
F026
and FO27
SUBPART N:
LANDFILLS
Section
724.400
Applicability
724.401
Design
and Operating Requirements
724.402
Double—lined Landfills:
Exemption from Subpart
F:
Ground-water
Protection Requirements
(Repealed)
724.403
Monitoring
and
Inspection
724.409
Surveying and Recordkeeping
724.410
Closure and Post-closure Care
724.412
Special Requirements
for Ignitable or Reactive Waste
724.413
Special
Requirements
for Incompatible Wastes
724.414
Special
Requirements
for
Bulk and Containerized Liquids
724.415
Special
Requirements
for Containers
724.416
Disposal
of
Small
Containers of Hazardous Waste
in Overpacked
Drums
(Lab Packs)
724.417
Special Requirements for Hazardous Wastes F020, F021,
F022,
F023,
F026
and FO27
SUBPART
0:
INCINERATORS
Section
724.440
Applicability
724.441
Waste Analysis
724.442
Principal Organic Hazardous Constituents
(POHCs)
724.443
Performance Standards
724.444
Hazardous Waste Incinerator Permits
724.445
Operating Requirements
724.447
Monitoring and Inspections
724.451
Closure
SUBPART
X:
MISCELLANEOUS UNITS
Section
724.701
Applicability
724.701
Environmental Performance Standards
724.702
Monitoring, Analysis, Inspection,
Response, Reporting and
Corrective Action
724.703
Post—closure Care
Appendix A
RECORDKEEPING INSTRUCTIONS
Appendix B
EPA REPORT FORM
AND
INSTRUCTIONS
(Repealed)
Appendix U
COCHRAN’S
APPROXiMATION
TO
THE
BEHRENS-FISHER
STUDENT’S
T-TEST
Appendix E
EXAMPLES OF
POTENTIALLY iNCOMPATIBLE WASTE
Appendix
I
Groundwater Monitoring List
114--OSfl
-48-
AUTHORITY:
Implementing Section 22.4 and authorized by
Section
27
of the
Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in R82-19,
53 PCB
131,
at
7 Ill. Reg.
14059, effective
October
12,
1983;
amended
in R84—9
at
9
Ill.
Rag.
11964,
effective July 24,
1985;
amended
in R85-22
at
10
Ill.
Reg.
1136,
effective January 2,
1986;
amended
in R86—1
at
10 Ill. Reg.
14119,
effective August
12, 1986;
amended
in
R86—28 at
11
Ill.
Reg. 6138, effective March
24,
1987; amended
in R86—28
at
11
Ill. Reg.
8684,
effective April
21,
1987;
amended
in R86—46
at
11 Ill.
Reg.
13577, effective August
4,
1987;
amended
in R87-5
at
11
Ill.
Reg.
19397,
effective November
12,
1987;
amended
in R87—39
at
12 Ill.
Reg.
13135,
effective July 29,
1988;
amended
in R88-16
at
13 Ill. Reg.
458, effective
December 28,
1988;
amended
in R89-1
at
13 111. Reg.
18527, effective November
13,
1989;
amended
in R9O-2
at
14 Ill.
Reg.
effective
;
amended
in R9O-10
at
14 Ill.
Reg.
effective
SUBPART
N:
LANDFILLS
Section 724.401
Design
and Operating Requirements
a)
Any landfill
that
is
not covered
by subsection
(c) or 35
111.
Adm.
Code 725.401(a) must have a liner system for all portions of
the
landfill
(except
for existing portions
of such landfill).
The
liner
system must have:
1)
A liner that
is designed, constructed
and
installed
to
prevent
any migration of wastes out of the
landfill
to the adjacent
subsurface soil
or —~e~Pd—wa~eF—groundwater
or surface
water
at
any
time during the
active life (including the closure period)
of the landfill.
The
liner must
be constructed
of materials
that prevent wastes
from passing into
the liner during the
active life of the facility.
The liner must be:
A)
Constructed of materials that have appropriate chemical
properties and sufficient strength and thickness
to
prevent
failure due to pressure gradients (including
static head
and
external
hydrogeologic forces),
physical
contact with
the waste
or leachate to which
they are
exposed, climatic
conditions,
the stress
of
installation and the stress
of
daily operation;
B)
Placed upon
a
foundation.
or base capable
of providing
support
to the
liner and
resistance
to pressure gradients
above and below the
liner
to prevent failure
of
the liner
due
to
settlement, compression
or uplift;
and
C)
Installed
to cover
all
surrounding earth likely
to
be
in
contact with the waste
or
leachate;
and
2)
A leachate collection
and
removal
system immediately above
the
liner that
is designed,
constructed, maintained and operated
to
l14_0~)
-49-
collect
and
remove leachate from the landfill.
The Agency will
specify design and
operating conditions
in. the permit
to
ensure
that the leachate depth
over the liner does
not
exceed
30
cm
(one
foot).
The leachate collection
and removal
system must
be:
A)
Constructed of materials that are:
i)
Chemically resistant to the waste managed
in
the
landfill
and the leachate expected to
be
generated;
and
ii)
Of sufficient
strength and thickness
to
prevent
collapse under
the pressures exerted by
overlying
wastes, waste cover materials and by any equipment
used
at the landfill;
and
B)
Designed anu operated to function without clogging through
the scheduled closure of the landfill.
b)
The owner
or operator will
be exempted from the requirements
of
subsection
(a)
if the Board
finds,
based on
a demonstration by the
owner or operator,
in
a variance and/or site—specific rulemaking,
that alternative design
and operating practices,
together with
location characteristics, will
prevent the migration of
any
hazardous
constituents
(see Section
724.193)
into the —e~~d—wate~—groundwater
or
surface water
at
any future time.
In deciding whether to
grant
an
exemption,
the Board will
consider:
1)
The nature and quantity of the wastes;
2)
The proposed alternate design
and operation;
3)
The hydrogeologic setting
of
the facility,
including the
attenuative capacity and
thickness of the
liners
and soils
present between the landfill
and ~
or
surface water; and
4)
All
other factors which would
influence the quality and mobility
of the
leachate produced
and
the potential for
it
to migrate
to
—~Fe~P~—wateF—groundwater
or surface water.
c)
The owner
or oprator of each new landfill, each
new
landfill
unit
at
an existing
facility, each replacement
of
an
existing landfill
unit
and
each
lateral expansion of
an existing landfill
unit, must
install
two or more liners
and
a
leachate collection system above
and between
the liners.
The
liners
and leachate collection
systems must protect
human
health and the environment.
The requirement for the
installation of
two
or more
liners
in this subsection
may
be
satisfied
by the
installation
of
a top liner designed, operated and
constructed
of materials
to prevent
the migration of
any constituent
into such liner during the period such facility remains
in operation
(including any post-closure monitoring period),
and
a
lower
liner
designed, operated and constructed
to prevent
the migration of any
constituent through such liner during
such period.
For the
purpose
1 14—°o1
-50-
of the preceding sentence,
a lower
linen
shall
be deemed
to satisfy
such requirement
if
it
is constructed
of
at least
a
3-foot
thick
layer
of
recompacted
clay or other
natural material with
a
permeability of no more than
1
x iO~centimeter per second.
d)
Subsection
(c)
will
not
apply
if
the owner
or operator demonstrates
to the Agency,
and the Agency finds
for such landfill, that
alternative design
and operating practices,
together with location
characteristics,
will prevent the migration of any hazardous
constituent
into the —gFe~Pd—wateF—groundwateror surface water
at
least
as effectively
as such linens
and leachate collection systems.
e)
The double liner
requirement
set forth
in subsection
(c)
be waived by
the Agency for any monofill,
if:
1)
The
monofill
contains only hazardous wastes
from foundry furnace
emission controls or metal
casting molding sand,
and such wastes
do
not contain constituents which would render
the wastes
hazardous
for reasons
other than
the —EP —toxicity
characteristic—s—
in
35 Ill. Adm. Code 721.124, with USEPA
hazardous waste
numbers DOO4 through DO17;
and
2)
Mo migration demonstration.
A)
Design
and
location requirements.
1)
The inonofill
has at
least one
liner
for
which
there
is
no evidence that such liner
is
leaking.
ii)
The monofill
is located more than one—quarter mile
from
an underground source of drinking water
(as that
term
is defined
in.
35
111.
Adni.
Code 702.110.
iii) The monofill
is
in compliance with generally
applicable
-
ee~d—wate~—groundwatermonitoring
requirements for facilities with RCRA permits;
or
B)
The owner
or operator demonstrates
to the Board
that the
monofill
is
located, designed and operated
so as
to assure
that there will
be
no migration of any hazardous
constituent
into -~Fe~Rd-wate~—groundwater
or surface water
at any future time.
f)
The owner
or operator must design, construct, operate
and maintain
a
run—on control
system capable
of preventing
flow onto the active
portion
of the landfill
during
peak discharge from at least
a
25—year
storm.
g)
The owner
or operator must design, construct, operate and maintain
a
run—off management system to
coll ect
and control
at
least
the
water
volume resulting from
a
24 hour, 25-year
storm.
h)
Collection and holding facilities (e.g.,
tanks
or basins)
associated
I
1-’~ fl02
—51-
with run—on and run-off control
systems must be emptied
or otherwise
managed expeditiously after
storms
to maintain design capacity of the
system.
i)
If the
landfill
contains any particulate
matter which may be subject
to wind dispersal,
the
owner or operator must cover
or otherwise
manage the
landfill
to control
wind dispersal.
j)
The Agency will
specify
in the permit
all
design
and
operating
practices that are necessary to ensure that
the requirements
of this
Section are
satisfied.
(Source:
Amended
at
14 ill.
Reg.
,
effective
)
ll!~.0o3
-52-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
1:
POLLUTiON CONTROL BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS
STANDARDS FOR OWNERS
AND
OPERATORS OF
HAZARDOUS
WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART
A:
GENERAL PROVISIONS
Section
725.101
Purpose, Scope
and Applicability
725.104
Imminent Hazard Action
SUBPART
B:
GENERAL FACILITY STANDARDS
Section
725.110
Applicability
725.111
USEPA identification Number
725.112
Required Notices
725.113
General Waste Analysis
725.114
Security
725.115
General
Inspection
Requirements
725.116
Personnel Training
725.117
General Requirements for Ignitable,
Reactive or Incompatible
Wastes
725.118
Location Standards
SUBPART
C:
PREPAREDNESS
AND
PREVENTION
Section
725. 130
Applicability
725.131
Maintenance and Operation of Facility
725.132
Required Equipment
725.133
Testing and Maintenance of Equipment
725.134
Access
to Communications or Alarm System
725.135
Required Aisle Space
725.137
Arrangements with Local
Authorities
SUBPART
U:
CONTINGENCY
PLAN
AND EMERGENCY PROCEDURES
Section
725.150
Applicability
725.151
Purpose
and Implementation
of Contingency Plan
725.152
Content
of Contingency Plan
725.153
Copies
of Contingency
Plan.
725.154
Amendment of Contingency Plan
725.155
Emergency Coordinator
725.156
Emergency Procedures
SUBPART
E:
MANIFEST SYSTEM, RECORDKEEPING
AND REPORTING
Section
725.170
Applicability
725.171
Use of Manifest System
725.172
Manifest Discrepancies
725. 173
Operating Record
725.174
Availability, Retention and Disposition of Records
114
-53-
725.175
Annual
Report
725.176
Unmanifested Waste Report
725.177
Additional
Reports
SUBPART
F:
GROUNDWATER MONITORING
Section
725.190
Applicability
725.191
Groundwater Monitoring System
725.192
Sampling and Analysis
725.193
Preparation,
Evaluation and Response
725.194
Recordkeeping
and Reporting
SUBPART G:
CLOSURE AND POST-CLOSURE
Section
725.210
Applicability
725.211
Closure Performance Standard
725.212
Closure Plan;
Amendment of Plan
725.213
Closure; Time Allowed for Closure
725.214
Disposal
or Decontamination of Equipment, Structures and Soils
725.215
Certification of Closure
725.216
Survey Plat
725.217
Post—closure Care
and Use of Property
725.218
Post-closure Plan; Amendment of Plan
725.219
Post—Closure Notices
725.220
Certification of Completion of Post-Closure Care
SUBPART
H:
FINANCIAL REQUIREMENTS
Secti on
725.240
Applicability
725.241
Definitions
of Terms
as Used
in this Subpart
725.242
Cost Estimate for Closure
725.243
Financial Assurance
for Closure
725.244
Cost Estimate for Post—closure Care
725.245
Financial Assurance for Post—closure Monitoring and Maintenance
725. 246
Use of
a Mechanism for Financial Assurance of Both Closure and
Post—closure Care
725.247
Liability Requirements
725.248
incapacity
of Owners
or Operators, Guarantors
or Financial
Institutions
725.251
Promulgation
of Forms
(Repealed)
SUBPART
I:
USE AND MANAGEMENT OF
CONTAINERS
Section
725.270
Applicability
725.271
Condition of Containers
725.272
Compatibility of Waste with Container
725.273
Management
of Containers
725.274
Inspections
725.276
Special Requirements
for Ignitable or Reactive Waste
725.277
Special Requirements
for Incompatible Wastes
SUBPART
J:
TANK SYSTEMS
Section
725.290
Applicability
1 14—~~)5
—54-
Assessment
of Existing Tank System’s Integrity
Design
and
Installation of New Tank Systems
or
Containment and Detection of Releases
General Operating Requirements
Inspections
Response to leaks
or spills
and disposition
of
Closure and Post-Closure Care
Special Requirements
for Ignitable or Reactive Waste
Special Requirements
for Incompatible Wastes
Waste Analysis and Trial Tests
Generators
of
100 to 1000 kg/mo.
SUBPART
K:
SURFACE IMPOUNDMENTS
Applicability
Design Requirements
General Operating Requirements
Containment System
Waste Analysis
and Trial
Tests
Inspections
Closure
and
Post—Closure Care
Special Requirements for Ignitable or Reactive Waste
Special Requirements
for Incompatible Wastes
SUBPART
L:
WASTE
PILES
Applicability
Protection from Wind
Waste Analysis
Containment
Design Requirements
Special Requirements
for Ignitable or Reactive Waste
Special Requirements for Incompatible Wastes
Closure
and Post-Closure Care
SUBPART H:
LAND TREATMENT
Applicability
General
Operating Requirements
Waste Analysis
Food Chain Crops
Unsaturated Zone
(Zone of Aeration) Monitoring
Recordkeepi ng
Closure and Post-closure
Special Requirements
for Ignitable or Reactive Waste
Special Requirements
for Incompatible Wastes
SUBPART N:
LANDFILLS
Components
Tank Systems
725. 291
725.292
725.293
725.294
725. 295
725.296
725.297
725.298
725.299
725.300
725. 301
Section
725. 320
725.321
725. 322
725.323
725.325
725.326
725.328
725. 329
725.330
Section
725.350
725.351
725.352
725.353
725.354
725.356
725. 357
725.358
Section
725.370
725.372
725.373
725.376
725.378
725. 379
725.380
725.381
725. 382
Section.
725.400
725.401
725.402
725.409
725.410
Applicability
Design Requirements
General Operating Requirements
Surveying
and
Recordkeeping
Closure and Post—Closure
11
j~_c~(~5
-55-
725.412
Special Requirements for Ignitable or Reactive Waste.
725.413
Special
Requirements
for Incompatible Wastes
725.414
Special Requirements for Liquid Wastes
725.415
Special
Requirements
for Containers
725.416
Disposal
of Small
Containers
of Hazardous Waste
in Overpacked
Drums
(Lab Packs)
SUBPART
0:
INCINERATORS
Section
725.440
Applicability
725.441
Waste Analysis
725.445
General Operating Requirements
725.447
Monitoring
and Inspection
725.451
Closure
725.452
Interim Status Incinerators Burning Particular Hazardous Wastes
SUBPART P:
THERMAL
TREATMENT
Section
725.470
Other Thermal Treatment
725.473
General Operating Requirements
725.475
Waste Analysis
725.477
Monitoring and Inspections
725.481
Closure
725.482
Open Burning; Waste Explosives
725.483
Interim Status Thermal Treatment Devices Burning Particular
Hazardous Waste
SUBPART
Q:
CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT
Section
725.500
Applicability
725.501
General Operating Requirements
725. 502
Waste Analysis and Trial Tests
725.503
inspections
725.504
Closure
725.505
Special Requirements for Ignitable or Reactive Waste
725.506
Special Requirements for incompatible Wastes
SUBPART
R:
UNDERGROUND
INJECTION
Section
725.530
Applicability
Appendix A
Recordkeeping Instructions
Appendix B
EPA Report Form and
Instructions
(Repealed)
Appendix C
EPA Interim Primary Drinking Water Standards
Appendix U
Tests
for Significance
Appendix E
Examples of Potentially Incompatible Waste
AUTHORITY:
Implementing Section 22.4 and
authorized
by Section
27
of the
Environmental
Protection Act
(Ill.
Rev. Stat.
1989,
ch.
111—1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in R81-22,
43 PCB 427,
at
5
Ill.
Reg.
9781, effective as
noted
in
35
Ill. Adm. Code 700.106;
amended and codified in R81—22,
45 PCB
317, at
6 Ill. Reg.
4828,
effective as
noted
in
35 Ill.
Adm. Code 700.106;
1 14-’”~7
-56—
amended
in R82-18,
51 PCB 831,
at
7 Ill. Reg.
2518, effective February
22,
1983;
amended
in R82—19,
53 PCB 131,
at
7
Ill.
Reg. 14034, effective October
12,
1983; amended
in R84-9,
at
9
Ill.
Reg.
11869, effective July 24,
1985;
amended
in R85-22
at
10
111. Reg.
1085,
effective January
2,
1986;
amended
in
R86—1
at
10
Ill. Reg.
14069, effective August
12,
1986; amended
in R86-28
at
11
Ill. Reg.
6044,
effective March
24,
1987;
amended
in R86-46
at
11 Ill. Reg.
13489, effective August
4,
1987;
amended
in R87-5
at
11
Ill.
Reg.
19338,
effective November
10, 1987;
amended
in R87—26
at
12 Ill. Reg.
2485,
effective January
15,
1988;
amended
in R87—39
at
12
Ill.
Reg.
13027,
effective July 29,
1988;
amended
in R88—16
at
13
111.
Reg. 437, effective
December
28,
1988;
amended
in R89-1
at
13
Ill.
Reg.
18354,
effective November
13,
1989;
amended
in R90-2
at
14 Ill. Reg.
effective
;
amended
in R9O—10
at
14 Ill. Reg.
effective
SUBPART
K:
SURFACE
IMPOUNDMENTS
Section
725.321
Design Requirements
a)
The owner
or operator of
a surface
impoundment must
install two
or
more liners
and leachate collection system
in
accordance with
35 Ill.
Adm. Code 724.321(c),
with respect
to each new unit,
replacement of
an existing
unit,
or lateral expansion of
an
existing unit that
is
within the area identified
in the Part A permit
application,
and
with
respect
to waste
received beginning May 8,
1985.
b)
The owner
or operator of
each unit referred to
in subsection
(a) must
notify the Agency
at
least sixty days prior to
receiving waste.
The
owner
or operator of each facility submitting notice must file
a Part
B
application
within
six
months
of
the
receipt
of
such
notice.
c)
Subsection
(a) will
not apply
if the owner
or operator demonstrates
to the Agency
and the Agency finds
for such surface impoundment,
that
alternative design and operating practices, together with location
characteristics, will prevent the migration of any hazardous
constituent
into the groundwater or surface water
at least
as
effectively
as such liners
and leachate collection systems.
d)
The double liner requirement
set
forth
in subsection
(a) may be
waived by the Agency for any monofill,
if:
1)
The monofill contains only hazardous wastes from foundry furnace
emission controls
or metal
casting molding sand,
and such wastes
do not contain constituents which would
render the wastes
hazardous for reasons other than the
—EP— toxicity
characteristic—s—
in
35 Ill. Adm. Code 721.124, with USEPA
hazardous waste numbers DOO4 through D017 and
2)
No migration demonstration.
A)
Design and location requirements.
i)
The monofill
has
at
least one
liner for which there
is
no evidence that such liner —~—isleaking.
For the
1
14-
OOF~
—57-
purposes of this subsection the term “liner” means
a
liner designed, constructed,
installed and operated to
prevent hazardous waste from passing
into the
liner
at
any time during
the active life of the facility, or
a
liner designed, constructed,
installed and operated
to
prevent hazardous waste from migrating beyond the
liner
to adjacent subsurface soil, ~
groundwater
or
surface water
at any time during the
active life of the
facility.
In the
case of
any
surface impoundment
which has been exempted from the
requirements
of subsection
(a) of
a liner designed,
constructed,
installed and operated to prevent
hazardous waste
from passing beyond the liner,
at the
closure
of such impoundment the owner
or operator must
remove or decontaminate all Waste residues,
all
contaminated liner material
and contaminated soil
to
the extent practicable.
If
all
contaminated
soil
-it—
is
not removed
or decontaminated, the owner
or
operator of such impoundment must comply with
appropriate post-closure requirements, including but
not limited
to -gFe~Ad—wateF—groundwatermonitoring
and corrective action
ii)
The monofili
is located more than one—quarter mile
from an underground source of drinking water
(as that
term is
defined
in
35 Ill. Adm. Code 702.110);
3nd
iii) The monofill
is
in compliance with generally
applicable —gFe~Rd—wateF-groundwatermonitoring
requirements for facilities with RCRA permits;
or,
B)
The owner
or operator demonstrates
to the Board
that the
monofill
is
located, designed
and operated so
as
to assure
that there will
be no migration of any hazardous
constituent
into groundwater
or surface water at
any future
time.
e)
In the case of any unit
in which the
liner and
leachate collection
system has
been installed pursuant to the requirements of
subsection
(a) and
in good faith compliance with subsection
(a)
and with
guidance
documents governing liners
and leachate collection systems
under
subsection
(a) no
liner or leachate collection system which
is
different from that which was
so installed pursuant to subsection
(a)
will
be
required for
such unit by the Agency when issuing the first
permit to such facility, except that the Agency will
not be precluded
from requiring installation of
a new liner when the Agency finds that
any liner
installed pursuant to the requirements of subsection
(a)
is
leaking.
f)
Refusal
to
grant
an exemption or waiver,
or grant with conditions,
maybe appealed to
the Board.
(Source:
Amended
at
14 Ill. Reg.
,
effective
)
l1!~
‘~“
-58-
SUBPART
M:
LAND TREATMENT
Section
725.373
Waste Analysis
In addition
to the waste analyses required by -s—Section
725.113, before
placing
a hazardous waste
in
on
on
a land treatment facility,
the owner
or
operator —~st—shal
1
a)
Determine the concentrations
in the waste
of any substances which
equal
or
exceed the maximum concentrations contained
in
4ab1-e
I.
ef
~—35Ill.
Adm. Code 721.124 that
cause
a waste
to exhibit the
—EP—
toxicity characteristic;
b)
For any waste listed
in —Past ~
-35
Ill. Mm. Code 721.Subpart
D,
determine the concentrations of any substances which caused
the waste
to
be listed
as
a hazardous waste;
and
c)
If food chain crops are
grown, determine the concentrations
in the
waste
of each of the following constituents:
arsenic,
cadmium,
lead
and mercury, unless
the owner
or operator has written, documented
data that show that
the constituent
is not present.
—Ge~eRt~Past—BOARD NOTE:
35
Ill.
Adm, Code~721 specifies the
substances for which
a waste
is
listed
as
a hazardous waste.
As
required by -~—Section725.113the waste analysis plan must include
analyses
needed
to coi~piywith —~—Sections725.381 and 725.382.
As
required by -s—Section
725.173,
the owner
or operator —~st—shall
place the
results from each waste analysis, or the documented
information,
in the operating record
of the
facility.
(Source:
Amended
at
14 Ill. Reg.
effective
1 i4—100()
—59-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
C:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART
728
LAND DISPOSAL RESTRICTIONS
SUBPART A:
GENERAL
Section
728.101
Purpose, Scope
and Applicability
728.102
Definitions
728.103
Dilution Prohibited
as
a Substitute for Treatment
728. 104
Treatment Surface Impoundment Exemption
728.105
Procedure-s for case—by-case Extensions
to
an Effective Date
728.106
Petitions to Allow Land Disposal
of
a Waste Prohibited
under
Subpart
C
728.107
Waste Analysis
728.108
Landfifl
and Surface Impoundment Disposal Restrictions
SUBPART
C:
PROHIBITION
ON
LAUD
DISPOSAL
Section
728.130
Waste Specific Prohibitions
-—
Solvent Wastes
728.131
Waste Specific Prohibitions
-—
Dioxin—Containing Wastes
72-8.132
Waste Specific Prohibitions
——
California List Wastes
728.133
Waste Specific Prohibitions
——
First Third Wastes
728.134
Waste Specific Prohibitions
--
Second Third Wastes
728.139
Statutory Prohibitions
SUBPART D:
TREATMENT STANDARDS
Section
728.140
Applicability of Treatment Standards
728.141
Treatment Standards expressed
as Concentrations
in Waste Extract
728.142
Treatment Standards expressed
as Specified Technologies
728.143
Treatment Standards expressed as Waste Concentrations
728.144
Adjustment
of Treatment Standard
SUBPART
E:
PROHIBITIONS
ON
STORAGE
Section
728.150
Prohibitions on Storage of Restricted Wastes
Table A
Constituent Concentrations in Waste Extract (CCWE)
Table
B
Constituent Concentrations
in Waste
(CCW)
Appendix A
Toxicity Characteristic Leaching Procedure
(TCLP)
Appendix B
Treatment Standards
(As concentrations
in
the Treatment Residual
Extract)
Appendix C
List of Halogenated
Organic Compounds
AUTHORITY:
Implementing Section 22.4 and authorized
by Section
27 of the
Environmental
Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in R87-5 at-li
Ill. Reg. 19354, effective November
12,
1987;
amended
in R87-39
at
12 Ill. Reg.
13046, effective July
29,
1988;
11
-~-—~OOI
-60-
amended
in R89—1
at
13
Iii. Reg.
18403,
effective November
13,
1989;
amended
in
R89-9
at
14
ill. Reg. 6232,
effective April
16,
1990;
amended
in R9O-2
at
14 Ill. Reg.
,
effective
amer~ded in R9O-.1O
at
14
Ill. Reg.
,
effective
Ap-pendix A
Toxicity Characteristic Leaching Procedure
(TCLP)
—The ge~-Fd Re~p~eFates
~y Fe~eFeA?e4G ~
2~g;AeR~~1 ~988~r
~4S
+~eeFpe~at~eA
4~Rel~des
Re
~t~Fe ed~t4e~s
;$F
~
The JCLP
is
in
35
Ill.
Adm.. Code 721.Appendix B, which incorporates, by r~erence40 CFR
261,
Appendix
II..
(Source:
Amended
at
14 111.
Reg..
,
effective
IT
IS
SO
ORDERED
I, Dorothy
H.
Gunn,
Clerk of the Illinois Pollution ControJ.~Board, hereby
certify that the above Order was adopted on the ‘6~’dayof (-i~-~----~-
1990,
by
a
vote of
-
.
~
~
Dorothy H. G~i1~
Clerk
Illinois Pc~)iutionControl
Board
I 14—1fl02
