01-003r092100

ILLINOIS POLLUTION CONTROL BOARD

September 21, 2000

IN THE MATTER OF:

)

RCRA SUBTITLE C UPDATE, USEPA

)

R01-3

AMENDMENTS (January 1, 2000, through

)

(Identical-in-Substance

June 30, 2000)

)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):

Under Sections 7.2 and 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 22.4(a)

(1998)), the Board proposes amendments to the Illinois regulations that are “identical in substance” to hazardous

waste regulations that the United States Environmental Protection Agency (USEPA) adopted to implement Subtitle C

of the federal Resource Conservation and Recovery Act of 1976 (RCRA Subtitle C) (42 U.S.C. §§ 6921

et seq

. (1998)).

The nominal timeframe of this docket includes federal RCRA Subtitle C amendments that USEPA adopted in the

period January 1, 2000, through June 30, 2000.

Sections 7.2 and 22.4(a) provide for quick adoption of regulations that are identical in substance to federal

regulations that USEPA adopts to implement Sections 3001 through 3005 of RCRA (42 U.S.C. §§ 6921-6925 (1998)).

Section 22.4(a) also provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5

ILCS 100/5-35 and 5-40 (1998)) do not apply to the Board’s adoption of identical-in-substance regulations. The

federal RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273, and 279.

The Board will cause the proposed amendments to be published in the

Illinois Register

and will hold the

docket open to receive public comments for 45 days after the date of publication.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

The following briefly summarizes the federal actions considered in this rulemaking.

Docket R01-3: January 1, 2000, through June 30, 2000, RCRA Subtitle C Amendments

USEPA amended the federal RCRA Subtitle C regulations on five occasions during the period January 1,

2000, through June 30, 2000.

Each is summarized below:

65 Fed. Reg. 12378 (March 8, 2000)

USEPA extended the accumulation time applicable to wastewater treatment sludge from the metal finishing

industry that is accumulated for high temperature metals recovery.

65 Fed. Reg. 14472 (March 17, 2000)

USEPA withdrew the hazardous waste listings and land disposal restrictions for organobromine production

wastes in response to a judicial vacature in Great Lakes Chemical Corp. v. EPA, no. 98-1312 (D.C. Cir. Apr.

9, 1999).

65 Fed. Reg. 30886 (May 15, 2000)

USEPA adopted amendments to its NPDES regulations to eliminate rules that are obsolete, ineffective, or

unduly burdensome. The amendments streamline various permitting procedures, including those for UIC

and RCRA Subtitle C permits.

65 Fed. Reg. 32214 (May 22, 2000)

USEPA made a formal regulatory determination not to include wastes from fossil fuel combustion as listed

hazardous waste.

65 Fed. Reg. 36365 (June 8, 2000)

USEPA corrected typographical errors in its March 17, 2000 (65 Fed. Reg. 14472) organobromine

production waste rule and its August 6, 1998 (63 Fed. Reg. 42110) listing of four petroleum wastes.

No Later RCRA Subtitle C (Hazardous Waste) Amendments of Interest

The Board engages in ongoing monitoring of federal actions. As of the date of this opinion and

accompanying order, we have not identified any USEPA actions since June 30, 2000, that further amend the RCRA

Subtitle C hazardous waste rules. When the Board observes an action outside the nominal timeframe of a docket

that would require expedited consideration in the pending docket, the Board will expedite consideration of those

amendments. Federal actions that could warrant expedited consideration include those that directly affect the

amendments involved in this docket, those for which compelling reasons would warrant consideration as soon as

possible, and those for which the Board has received a request for expedited consideration. If the Board identifies

any federal actions that fulfill these criteria prior to final action on the present amendments, it may include those

amendments in the present update docket R01-3.

Other Federal Actions Having an Ancillary Impact on the Illinois RCRA Subtitle C Regulations

In addition to the amendments to the federal RCRA Subtitle C regulations, another set of federal

amendments might have an effect on the corresponding Illinois rules. Most notably, 35 Ill. Adm. Code 720.111

includes several incorporations of federal regulations by reference, and USEPA has amended 40 C.F.R. 136, which is

included among the incorporated references. The set of federal amendments to 40 C.F.R. 136 is as follows:

65 Fed. Reg. 3008 (January 19, 2000)

USEPA adopted wastewater effluent limitation guidelines, pretreatment standards, and new source

performance standards for the landfill point source category. One segment of this rulemaking was the

amendment of Methods 625 and 1625 in 40 C.F.R. 136.3, Appendix A.

65 Fed. Reg. 14344 (March 16, 2000)

USEPA corrected its January 19,2000 effluent guidelines, pretreatment standards, and new source

performance standards for the landfill source category.

RCRA Subtitle C (Hazardous Waste) Amendments on Which No Board Action Will Be Necessary

Among the various federal RCRA Subtitle C amendments examined by the Board and listed above, there

are some on which no Board action will be necessary in the present update docket R01-3. The reasons why no Board

action will be necessary vary from one federal action to another. The Board lists these five federal actions among

those considered in this docket for the benefit of the regulated community, but we do not further discuss them in this

opinion.

No Board action will be necessary on the federal action of March 8, 2000 (65 Fed. Reg. 12378). The

Board completed action on the federal accumulation time amendments in the prior update docket

RCRA Subtitle C Update, USEPA Amendments (July 1, 1999, through December 31, 1999)

(May 18, 2000), R00-13.

Similarly, no Board action will be necessary on the federal action of March 17, 2000 (65 Fed. Reg.

14472). The Board also removed the hazardous waste listings for organobromine wastes in the

prior update docket RCRA Subtitle C Update, USEPA Amendments (July 1, 1999, through

December 31, 1999) (May 18, 2000), R00-13.

No further action will be necessary as to the federal cleanup amendments of May 15, 2000 (65 Fed.

Reg. 30886). The Board has examined the hazardous waste-related segments of the federal

amendments (40 C.F.R. 270.32(c) and 270.43(b)) and the corresponding Illinois rules (35 Ill. Adm.

Code 702.161(b)(2) and 702.186), and the altered segment of the federal text (references to the

consolidated permit procedures of 40 C.F.R. 124) have no counterpart in the corresponding Illinois

regulations.

The federal action of May 22, 2000 (65 Fed. Reg. 32214), was a determination not to regulate

categories of wastes from certain activities. The federal action included no amendments to the

federal regulations. Thus, the Board does not need to amend the Illinois rules in response.

Finally, the Board has examined the March 16, 2000 (65 Fed. Reg. 14344) corrections to the

January 19, 2000 (65 Fed. Reg. 3008) wastewater effluent limitation guidelines, pretreatment

standards, and new source performance standards for the landfill point source category. None of

the corrections affect the amendment of Methods 625 and 1625 in 40 C.F.R. 136.3, Appendix A, so

the Board does not need to update the incorporation of 40 C.F.R. 136 to include a reference to

these corrections.

Summary Listing of the Federal Actions Forming the Basis of the Board’s Actions in this Docket

Based on the foregoing, the federal actions that form the basis for Board action in this update docket are as

follows, in chronological order:

65 Fed. Reg. 3008 (January 19, 2000)

USEPA amendment of the analytical methods of 40 C.F.R.

136, which are incorporated by reference in 35 Ill. Adm.

Code 720.111.

65 Fed. Reg. 36365 (June 8, 2000)

USEPA corrected its March 17, 2000 (65 Fed. Reg. 14472)

withdrawal of the organobromine production waste rule

and its August 6, 1998 (63 Fed. Reg. 42110) listing of four

petroleum wastes.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 45 days following its publication in

the

Illinois Register

. After that time, the Board will immediately consider adoption of the amendments, making any

necessary changes made evident through the public comments. The Board will delay filing any adopted rules with

the Secretary of State for 30 days after adoption, particularly to allow additional time for USEPA to review the

adopted amendments before they are filed and become effective.

DISCUSSION

The following discussion begins with a description of the types of deviations the Board makes from the

literal text of federal regulations in adopting identical-in-substance rules. It is followed by a discussion of the

amendments and actions undertaken in direct response to the federal actions involved in this proceeding. This first

series of discussions is organized by federal subject matter, generally appearing in chronological order of the relevant

Federal Register

notices involved. Finally, this discussion closes with a description of the amendments and actions

that are not directly derived from the federal actions.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some deviation from the federal

text is unavoidable. This deviation arises primarily through differences between the federal and

state regulatory structure and systems. Some deviation also arises through errors in and problems

with the federal text itself. The Board conforms the federal text to the Illinois rules and regulatory

scheme and corrects errors that we see in the text as we engage in these routine update

rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it

necessary to alter the text of various passages of the existing rules as provisions are opened for

update in response to USEPA actions. This involves correcting deficiencies, clarifying

provisions, and making other changes that are necessary to establish a clear set of rules that

closely parallel the corresponding federal requirements within the codification scheme of the

Illinois Administrative Code.

The Board updates the citations to the

Code of Federal Regulations

to the most recent

version available. As of the date of this opinion, the most recent version of the

Code of Federal

Regulations

available to the Board is the July 1, 1999 version. Thus, we have updated all

citations to the 1999 version, adding references to later amendments using their appropriate

Federal Register

citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal

base text, using “and” where more appropriate. The Board further used this opportunity to make a

number of corrections to punctuation, grammar, spelling, and cross-reference format throughout the

opened text. We changed “who” to “that” and “he” or “she” to “it,” where the person to which the

regulation referred was not necessarily a natural person, or to “he or she,” where a natural person

was evident; changed “which” to “that” for restrictive relative clauses; substituted “must” for

“shall”; capitalized the section headings and corrected their format where necessary; and corrected

punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout the

Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used

when an action is required by the rule, without regard to whether the action is required of the

subject of the sentence or not. “Shall” is no longer, since it is not used in everyday language.

Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break from our

former practice where “shall” was used when the subject of a sentence has a duty to do something.

“Will” is used when the Board obliges itself to do something. “May” is used when choice of a

provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.” “Either . . .

or” denotes “one but not both.” “And” denotes “both.”

The Joint Committee on Administrative Rules JCAR has requested that the Board refer to

the United States Environmental Protection Agency in the same manner throughout all of our bodies

of regulations—

i.e.

, air, water, drinking water, RCRA Subtitle D (municipal solid waste landfill),

RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The Board has

decided to refer to the United States Environmental Protection Agency as “USEPA.” We will

continue this conversion in future rulemakings as additional sections become open to amendment.

We will further convert “EPA” used in federal text to “USEPA,” where USEPA is clearly

intended.

The Board has assembled tables to aid in the location of these alterations and to briefly

outline their intended purpose. The tables set forth the miscellaneous deviations from the federal

text and corrections to the pre-amended base text of the rules in detail. The tables are set forth and

explained beginning at page 7. There is no further discussion of most of the deviations and

revisions elsewhere in this opinion.

Discussion of Particular Federal Actions

Update to the Clean Water Act Analytical Methods Incorporated by Reference—Section 720.111

On January 19, 2000 (65 Fed. Reg. 3008), USEPA adopted wastewater effluent limitation guidelines,

pretreatment standards, and new source performance standards for the landfill point source category. One segment

of this rulemaking was the amendment of Clean Water Act analytical methods, Methods 625 and 1625, in 40 C.F.R.

136.3, Appendix A. Method 625 is the analysis of base/neutral and acid organics in wastewater by gas

chromatography, and Method 1625 is the analysis of semivolatile organic compounds by capillary column gas

chromatography-mass spectrometry. The Board has incorporated the methods of 40 C.F.R. 136 into the hazardous

waste regulations by reference in Section 720.111(b).

The Board has incorporated the federal amendments into the Illinois hazardous waste regulations by

updating the incorporation of 40 C.F.R. 136 by reference. This required updating the version of 40 C.F.R. 136

incorporated by reference at 35 Ill. Adm. Code 720.111 by adding a reference to the January 19, 2000

Federal Register

notice of adopted amendments at 65 Fed. Reg. 3008. Persons interested in the substance of the underlying federal

action should refer to the notice that appeared in the January 19, 2000 issue of the

Federal Register

The Board requests public comment on our incorporation of the January 19, 2000 federal revisions to

Methods 625 and 1625 into the Illinois hazardous waste regulations.

Corrections to the Withdrawal of the Organobromine Waste Rule and the Petroleum Production

Wastes Listings—Section

721.131 and Appendix G to Part 728

June 8, 2000

(

65 Fed. Reg. 36565

), USEPA corrected two of its prior actions. USEPA

corrected its

March 17, 2000 (65 Fed. Reg. 14472) withdrawal of its May 4, 1998 (63 Fed. Reg. 24596)

organobromine production waste rule and its August 6, 1998 (63 Fed. Reg. 42110) listing of four petroleum wastes.

The Board originally adopted the organobromine production waste rule in RCRA Update, USEPA Regulations (July

1, 1997, through December 31, 1997), RCRA Update, USEPA Regulations (January 1, 1998, through June 30, 1998),

UIC Update, USEPA Regulations (January 1, 1998, through June 30, 1998) (December 17, 1998), R98-21/R99-

2/R99-7 (consolidated). As briefly mentioned above, the Board adopted the March 17, 2000 withdrawal in RCRA

Subtitle C Update, USEPA Amendments (July 1, 1999, through December 31, 1999) (May 18, 2000), R00-13. We

adopted the August 6, 1998 petroleum production waste listings in RCRA Subtitle C Update, USEPA Amendments

(

July 1, 1998, through December 31, 1998

) (June 17, 1999), R99-15.

The Board incorporated the June 8, 2000

corrections

with no deviation from the federal text.

Persons interested in the details of the federal amendments should consult the June 8, 2000

Federal Register

notice.

The Board requests public comment on our incorporation of the June 8, 2000 federal corrections.

Agency or Board Action

Section 7.2(a)(5) of the Act requires the Board to specify for which portions of the

program USEPA will retain decision making authority. Based on the general division of functions

within the Act and other Illinois statutes, the Board is also to specify which State agency is to

make decisions.

In situations in which the Board has determined that USEPA will retain decision-making

authority, the Board has replaced “Regional Administrator” with USEPA, so as to avoid

specifying which office within USEPA is to make a decision.

In some identical-in-substance rules, certain decisions pertaining to a permit application

are not appropriate for the Agency to consider. In determining the general division of authority

between the Agency and the Board, the following factors should be considered:

Whether the person making the decision is applying a Board regulation, or taking

action contrary to (“waiving”) a Board regulation. It generally takes some form of

Board action to “waive” a Board regulation.

Whether there is a clear standard for action such that the Board can give meaningful

review to an Agency decision.

Whether the action would result in exemption from the permit requirement itself. If

so, Board action is generally required.

Whether the decision amounts to “determining, defining or implementing

environmental control standards” within the meaning of Section 5(b) of the Act. If

so, it must be made by the Board.

There are four common classes of Board decisions: variance, adjusted standard, site-

specific rulemaking, and enforcement. The first three are methods by which a regulation can be

temporarily postponed (variance) or adjusted to meet specific situations (adjusted standard or site-

specific rulemaking). There often are differences in the nomenclature for these decisions between

the USEPA and Board regulations.

Discussion of Miscellaneous Housekeeping Amendments

The table below list numerous corrections and amendments that are not based on current federal

amendments. The table (beginning immediately below) contains corrections and clarifications that the Board

made

n the base text involved in this proposal. The amendments listed in this table are housekeeping amendments not

directly derived from the current federal amendments. Some of the entries in these tables are discussed further in

appropriate segments of the general discussion beginning at page 4 of this opinion.

Table:

Board Housekeeping Amendments

Section

Source

Revision(s)

720.111(b)

Board

Changed “4

0 CFR 268.Appendix IX” to ”40 CFR 268,

Appendix IX

”

721.131(a) “F037”

Board

Changed to the singular “sludge” (four times); changed “subsection

(b)(

2), below” to ”subsection (b)(2) of this Section”; added

a comma to offset the final element of a series

721.131(a) “F038”

Board

Changed “subsection (b)(

2), below” to ”subsection (b)(2) of

this Section”

721.131(b)(2)(B)

Board

Changed “shall” to “must”

HISTORY OF RCRA SUBTITLE C AND UIC ADOPTION

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OR BOARD ACTION

EDITORIAL CONVENTIONS

It has previously been the practice of the Board to include a historical discussion in its

RCRA Subtitle C and UIC identical-in-subs tance rulemaking proposals. However, in the last

RCRA Subtitle C update docket, RCRA Subtitle C Update, USEPA Amendments (July 1, 1999,

through December 31, 1999) (May 18, 2000), R00-13, the Board indicated that it would cease this

practice. Therefore, for a complete historical summary of the Board’s RCRA Subtitle C and UIC

rulemakings and programs, interested persons should refer back to the May 18, 2000 opinion and

order in R00-13.

The historical summary contains all Board actions taken to adopt and maintain these

programs since their inception and until May 18, 2000. It includes a listing of all site-specific

rulemaking and adjusted standards proceedings filed that relate to these programs. It also lists all

USEPA program authorizations issued during that time frame. As necessary the Board will

continue to update the historical summary as a segment of the opinion in each RCRA Subtitle C and

UIC update docket, but those opinions will not repeat the information contained in the opinion of

May 18, 2000 in docket R00-13.

The following summarizes the history of the Illinois RCRA Subtitle C hazardous waste and

UIC programs since May 18, 2000:

History of RCRA Subtitle C and State Hazardous Waste Rules Adoption

The Board has adopted and amended the RCRA Subtitle C hazardous waste rules in the

following docket since May 18, 2000:

R00-13

RCRA Subtitle C Update, USEPA Regulations (January 1, 1999, through

June 30, 1999) (May 18, 2000), R00-13; published at 24 Ill. Reg.9443

(July 7, 2000), effective June 20, 2000.

R01-3

RCRA Subtitle C Update, USEPA Regulations (January 1, 2000, through

June 30, 2000), R01-3. (This docket.)

History of UIC Rules Adoption

The Board has adopted and amended Underground Injection Control (UIC) regulations in

the following dockets since May 18, 2000:

R00-11

UIC Update, USEPA Regulations (July 1, 1999, through December 31,

1999), R00-11. (Proposed on September 7, 2000; consolidated with docket

R01-1.)

R01-1

UIC Update, USEPA Regulations (January 1, 2000, through June 30, 2000),

R01-1. (Proposed on September 7, 2000; consolidated with docket R00-

11.)

ORDER

The complete text of the proposed amendments follows:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A: GENERAL PROVISIONS

Section

720.101

Purpose, Scope, and Applicability

720.102

Availability of Information; Confidentiality of Information

720.103

Use of Number and Gender

SUBPART B: DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720.123

Petitions for Regulation as Universal Waste

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

720.Appendix A

Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified in R81-22 at 6 Ill.

Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg. 14015, effective October 12, 1983; amended in

R84-9 at 9 Ill. Reg. 11819, effective July 24, 1985; amended 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 R86-19 at 10 Ill. Reg. 20630, effective

December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended in R86-46 at 11 Ill.

Reg. 13435, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19280, effective November 12, 1987; amended

in R87-26 at 12 Ill. Reg. 2450, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29,

1988; amended in R88-16 at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278,

effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20, 1990; amended in R89-9 at

14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14 Ill. Reg. 16450, effective September 25, 1990;

amended in R90-17 at 15 Ill. Reg. 7934, effective May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June

17, 1991; amended in R91-1 at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg.

9489, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992; amended in R92-10

at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20545, effective November 22, 1993;

amended in R93-16 at 18 Ill. Reg. 6720, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July

29, 1994; amended in R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.

9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, August 1, 1996; amended in R96-10/R97-

3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7590, effective April 15,

1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-21/R99-

2/R99-7 at 23 Ill. Reg. 1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective July 26,

1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9443,

effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. ________, effective ______________________.

SUBPART B: DEFINITIONS

Section 720.111

References

The following documents are incorporated by reference for the purposes of this Part and 35 Ill. Adm. Code 703

through 705, 721 through 726, 728, 730, 733, 738, and 739:

Non-Regulatory Government Publications and Publications of Recognized Organizations and

Associations:

ACI. Available from the American Concrete Institute, Box 19150, Redford Station,

Detroit, Michigan 48219:

ACI 318-83: “Building Code Requirements for Reinforced Concrete”, adopted

September 1983.

ANSI. Available from the American National Standards Institute, 1430 Broadway, New

York, New York 10018, 212-354-3300:

ANSI B31.3 and B31.4. See ASME/ANSI B31.3 and B31.4.

API. Available from the American Petroleum Institute, 1220 L Street, N.W., Washington,

D.C. 20005, 202-682-8000:

“Cathodic Protection of Underground Petroleum Storage Tanks and Piping

Systems”, API Recommended Practice 1632, Second Edition, December 1987.

“Evaporative Loss from External Floating-Roof Tanks”, API Publication 2517,

Third Edition, February 1989.

“Guide for Inspection of Refinery Equipment, Chapter XIII, Atmospheric and

Low Pressure Storage Tanks”, 4th Edition, 1981, reaffirmed December 1987.

“Installation of Underground Petroleum Storage Systems”, API Recommended

Practice 1615, Fourth Edition, November 1987.

APTI. Available from the Air and Waste Management Association, Box 2861, Pittsburgh,

PA 15230, 412-232-3444:

APTI Course 415: Control of Gaseous Emissions, USEPA Publication EPA-

450/2-81-005, December 1981.

ASME. Available from the American Society of Mechanical Engineers, 345 East 47th

Street, New York, NY 10017, 212-705-7722:

“Chemical Plant and Petroleum Refinery Piping”, ASME/ANSI B31.3-1987, as

supplemented by B31.3a-1988 and B31.3b-1988. Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas,

Anhydrous Ammonia, and Alcohols”, ASME/ANSI B31.4-1986, as

supplemented by B31.4a-1987. Also available from ANSI.

ASTM. Available from American Society for Testing and Materials, 1916 Race Street,

Philadelphia, PA 19103, 215-299-5400:

ASTM C 94-90, Standard Specification for Ready-Mixed Concrete, approved

March 30, 1990.

ASTM D 88-87, Standard Test Method for Saybolt Viscosity, April 24, 1981,

reapproved January 1987.

ASTM D 93-85, Standard Test Methods for Flash Point by Pensky-Martens

Closed Tester, approved October 25, 1985.

ASTM D 1946-90, Standard Practice for Analysis of Reformed Gas by Gas

Chromatography, approved March 30, 1990.

ASTM D 2161-87, Standard Practice for Conversion of Kinematic Viscosity to

Saybolt Universal or to Saybolt Furol Viscosity, March 27, 1987.

ASTM D 2267-88, Standard Test Method for Aromatics in Light Naphthas and

Aviation Gasolines by Gas Chromatography, approved November 17, 1988.

ASTM D 2382-88, Standard Test Method for Heat of Combustion of

Hydrocarbon Fuels by Bomb Calorimeter (High Precision Method), approved

October 31, 1988.

ASTM D 2879-92, Standard Test Method for Vapor Pressure-Temperature

Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,

approved 1992.

ASTM D 3828-87, Standard Test Methods for Flash Point of Liquids by Setaflash

Closed Tester, approved December 14, 1988.

ASTM E 168-88, Standard Practices for General Techniques of Infrared

Quantitative Analysis, approved May 27, 1988.

ASTM E 169-87, Standard Practices for General Techniques of Ultraviolet-Visible

Quantitative Analysis, approved February 1, 1987.

ASTM E 260-85, Standard Practice for Packed Column Gas Chromatography,

approved June 28, 1985.

ASTM Method G 21-70 (1984a), Standard Practice for Determining Resistance of

Synthetic Polymer Materials to Fungi.

ASTM Method G 22-76 (1984b), Standard Practice for Determining Resistance of

Plastics to Bacteria.

MICE. Methods Information Communication Exchange Service, 703-821-4690:

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846, Update IIIA (April 1998).

GPO. Available from the Superintendent of Documents, U.S. Government Printing

Office, Washington, D.C. 20402,202-512-1800:

Standard Industrial Classification Manual (1972), and 1977 Supplement,

republished in 1983.

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846 (Third Edition, November 1986), as

amended by Updates I (July 1992), II (September 1994), IIA (August, 1993), IIB

(January 1995), and III (December 1996) (Document Number 955-001-00000-1).

NACE. Available from the National Association of Corrosion Engineers, 1400 South

Creek Dr., Houston, TX 77084, 713-492-0535:

“Control of External Corrosion on Metallic Buried, Partially Buried, or

Submerged Liquid Storage Systems”, NACE Recommended Practice RP-02-85,

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 U.S. Department of Commerce, National Technical Information

Service, 5285 Port Royal Road, Springfield, VA 22161, 703-605-6000 or 800-553-6847:

APTI Course 415: Control of Gaseous Emissions, USEPA Publication EPA-

450/2-81-005, December 1981.

“Generic Quality Assurance Project Plan for Land Disposal Restrictions

Program”, EPA/530-SW-87-011, March 15, 1987 (document number PB88-

170766).

“Guideline on Air Quality Models”, Revised 1986 (document number PB86-245-

248 (Guideline) and PB88-150-958 (Supplement), also set forth at 40 CFR 51,

Appendix W).

“Method 164, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease)

and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar

Material) by Extraction and Gravimetry” (document number PB99-121949).

“Methods for Chemical Analysis of Water and Wastes”, Third Edition, March

1983 (document number PB84-128677).

“Methods Manual for Compliance with BIF Regulations”, December 1990

(document number PB91-120-006).

“Petitions to Delist Hazardous Wastes — A Guidance Manual, Second Edition”,

EPA/530-R-93-007, March 1993 (document number PB93-169 365).

“Screening Procedures for Estimating the Air Quality Impact of Stationary

Sources”, October 1992, Publication Number EPA-450/R-92-019.

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846 (Third Edition, November 1986), as

amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB

(January 1995), III (December 1996), and IIIA (April 1998) (document number

955-001-00000-1).

OECD. Organisation for Economic Co-operation and Development, Environment

Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France:

OECD Guideline for Testing of Chemicals, Method 301B: “CO

Evolution

(Modified Sturm Test)”, adopted 17 July 1992.

Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of 27 May

1988.

STI. Available from the Steel Tank Institute, 728 Anthony Trail, Northbrook, IL 60062,

708-498-1980:

“Standard for Dual Wall Underground Steel Storage Tanks” (1986).

USDOD. Available from the United States Department of Defense:

“DOD Ammunition and Explosive Safety Standards” (DOD 6055.9-STD), as in

effect on November 8, 1995.

The Motor Vehicle Inspection Report (DD Form 626), as in effect on November 8,

1995.

Requisition Tracking Form (DD Form 1348), as in effect on November 8, 1995.

The Signature and Tally Record (DD Form 1907), as in effect on November 8,

1995.

Special Instructions for Motor Vehicle Drivers (DD Form 836), as in effect on

November 8, 1995.

USEPA. Available from United States Environmental Protection Agency, Office of

Drinking Water, State Programs Division, WH 550 E, Washington, D.C. 20460:

“Technical Assistance Document: Corrosion, Its Detection and Control in

Injection Wells”, EPA 570/9-87-002, August 1987.

USEPA. Available from Receptor Analysis Branch, USEPA (MD-14), Research Triangle

Park, NC 27711:

“Screening Procedures for Estimating the Air Quality Impact of Stationary

Sources, Revised”, October 1992, Publication Number EPA-450/R-92-019.

USEPA. Available from RCRA Information Center (RIC), 1235 Jefferson-Davis Highway,

first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF):

OECD Amber List of Wastes, Appendix 4 to the OECD Council Decision

C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations) (May 1993).

OECD Green List of Wastes, Appendix 3 to the OECD Council Decision

C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations) (May 1994).

OECD Red List of Wastes, Appendix 5 to the OECD Council Decision

C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes

Destined for Recovery Operations) (May 1993).

Table 2.B of the Annex of OECD Council Decision C(88)90(Final) (May 27,

1988).

USGSA. Available from the United States Government Services Administration:

Government Bill of Lading (GBL) (GSA Standard Form 1109), as in effect on

November 8, 1995.

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 (1999)

40 CFR 51.100(ii) (1999)

40 CFR 51, Appendix W (1999)

40 CFR 52.741, Appendix B (1999)

40 CFR 60 (1999)

40 CFR 61, Subpart V (1999)

40 CFR 63 (1999)

40 CFR 136 (1999), as amended at 64 Fed. Reg. 73414 (December 30, 1999) and 65 Fed.

Reg. 3008 (January 19, 2000)

40 CFR 142 (1999)

40 CFR 220 (1999)

40 CFR 232.2 (1999)

40 CFR 260.20 (1999)

40 CFR 264 (1999)

40 CFR 268.41 (1990)

40 CFR 268., Appendix IX (1999)

40 CFR 270.5 (1999)

40 CFR 302.4, 302.5, and 302.6 (1999)

40 CFR 761 (1999)

49 CFR 171 (1999)

49 CFR 173 (1999)

49 CFR 178 (1999)

Federal Statutes

Section 3004 of the Resource Conservation and Recovery Act (42 USC 6901 et seq.), as

amended through December 31, 1987.

Sections 201(v), 201(w), and 360b(j) of the Federal Food, Drug, and Cosmetic Act

(FFDCA; 21 USC 321(v), 321(w), and 512(j)), as amended through October 25, 1994.

Section 1412 of the Department of Defense Authorization Act of 1986, Pub. L. 99-145, 50

USC 1521(j)(1) (1997).

This Section incorporates no later editions or amendments.

(Source: Amended at 25 Ill. Reg. ________, effective ______________________)

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

Section

721.101

Purpose and Scope

721.102

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104

Exclusions

721.105

Special Requirements for Hazardous Waste Generated by Small Quantity Generators

721.106

Requirements for Recyclable Materials

721.107

Residues of Hazardous Waste in Empty Containers

721.108

PCB Wastes Regulated under TSCA

721.109

Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS

WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria for Identifying the Characteristics of Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120

General

721.121

Characteristic of Ignitability

721.122

Characteristic of Corrosivity

721.123

Characteristic of Reactivity

721.124

Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130

General

721.131

Hazardous Wastes From Nonspecific Sources

721.132

Hazardous Waste from Specific Sources

721.133

Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill

Residues Thereof

721.135

Wood Preserving Wastes

721.138

Comparable or Syngas Fuel Exclusion

721.Appendix A

Representative Sampling Methods

721.Appendix B

Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals (Repealed)

Table B

Analytical Characteristics of Inorganic Species (Repealed)

Table C

Sample Preparation/Sample Introduction Techniques (Repealed)

721.Appendix G

Basis for Listing Hazardous Wastes

721.Appendix H

Hazardous Constituents

721.Appendix I

Wastes Excluded by Administrative Action

Table A

Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from Non-Specific

Sources

Table B

Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from Specific Sources

Table C

Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from Commercial

Chemical Products, Off-Specification Species, Container Residues, and Soil Residues

Thereof

Table D

Wastes Excluded by the Board by Adjusted Standard

721.Appendix J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (Repealed)

721.Appendix Y

Table to Section 721.138

721.Appendix Z

Table to Section 721.102

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection

Act [415 ILCS 5/7.2, 22.4 and 27].

SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified in R81-22 at 6 Ill.

Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg. 2518, effective February 22, 1983; amended in

R82-19 at 7 Ill. Reg. 13999, effective October 12, 1983; amended in R84-34, 61 at 8 Ill. Reg. 24562, effective December

11, 1984; amended in R84-9 at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998,

effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986; amended in R86-1 at 10 Ill.

Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20647, effective December 2, 1986; amended

in R86-28 at 11 Ill. Reg. 6035, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4,

1987; amended in R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg. 19303,

effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January 15, 1988; amended in R87-30

at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39 at 12 Ill. Reg. 13006, effective July 29, 1988; amended

in R88-16 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 Ill. Reg. 14401, effective August 22, 1990; amended in R90-10 at 14 Ill. Reg. 16472,

effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7950, effective May 9, 1991; amended in R90-11 at 15

Ill. Reg. 9332, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended

in R91-12 at 16 Ill. Reg. 2155, effective January 27, 1992; amended in R91-26 at 16 Ill. Reg. 2600, effective February 3,

1992; amended in R91-13 at 16 Ill. Reg. 9519, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17666, effective

November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5650, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg.

20568, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741, effective April 26, 1994; amended in

R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17490, effective November 23,

1994; amended in R95-6 at 19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963,

effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997; amended

in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531,

effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999;

amended in R99-15 at 23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June

20, 2000; amended in R01-3 at 25 Ill. Reg. ________, effective ______________________.

SUBPART D: LISTS OF HAZARDOUS WASTE

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 Section Appendix I of this

Part.

USEPA

Hazardous

Waste No.

Industry and Hazardous Waste

Hazard

Code

F001

The following spent halogenated solvents used in degreasing: tetra-

chloroethylene, trichloroethylene, methylene chloride, 1,1,1-tri-

chloroethane, carbon tetrachloride and chlorinated fluorocarbons;

all spent solvent mixtures and blends used in degreasing containing,

before use, a total of ten percent or more (by volume) of one or more

of the above halogenated solvents or those solvents listed in F002,

F004 or F005; and still bottoms from the recovery of these spent

solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents: tetrachloroethylene,

methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chloro-

benzene, 1,1,2-trichloro-1,2,2-trifluoroethane, orthodichloro-

benzene, 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 F001, F004 or F005;

and still bottoms from the recovery of these spent solvents and spent

solvent mixtures.

(T)

F003

The following spent non-halogenated solvents: xylene, acetone,

ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-

butyl alcohol, cyclohexanone and methanol; all spent solvent

mixtures and blends containing, before use, only the above spent

non-halogenated solvents; and all spent solvent mixtures and blends

containing, before use, one or more of the above non-halogenated

solvents and a total of ten percent or more (by volume) of one or

more of those solvents listed in F001, F002, F004 or F005; and still

bottoms from the recovery of these spent solvents and spent solvent

mixtures.

(I)

F004

The following spent non-halogenated solvents: 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 F001, F002 or F005; and still bottoms from the recovery of

these spent solvents and spent solvent mixtures.

(T)

F005

The following spent non-halogenated solvents: 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 F001, F002 or F004; and still bottoms from

the recovery of these spent solvents and spent solvent mixtures.

(I, T)

F006

Wastewater treatment sludges from 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.

(T)

F007

Spent cyanide plating bath solutions from electroplating operations.

(R, T)

F008

Plating bath residues from the bottom of plating baths from

electroplating operations where cyanides are used in the process.

(R, T)

F009

Spent stripping and cleaning bath solutions from electroplating

operations where cyanides are used in the process.

(R, T)

F010

Quenching bath residues from oil baths from metal heat treating

operations where cyanides are used in the process.

(R, T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat

treating operations.

(R, T)

F012

Quenching wastewater treatment sludges from metal heat treating

operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating

of aluminum except from zirconium phosphating in aluminum can

washing when such phosphating is an exclusive conversion coating

process.

(T)

F020

Wastes (except wastewater and spent carbon from hydrogen

chloride purification) from the production or manufacturing use (as

a reactant, chemical intermediate or component in a formulating

process) of tri- 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.)

(H)

F021

Wastes (except wastewater and spent carbon 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.

(H)

F022

Wastes (except wastewater and spent carbon 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.

(H)

F023

Wastes (except wastewater and spent carbon 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 component in a formulating

process) of tri- and tetrachlorophenols. (This listing does not include

wastes from equipment used only for the production or use of hexa-

chlorophene from highly purified 2,4,5-trichlorophenol.)

(H)

F024

Process wastes including but not limited to, distillation residues,

heavy ends, tars, and reactor cleanout wastes, from the production

of certain chlorinated aliphatic hydrocarbons by free radical

catalyzed processes. These chlorinated aliphatic hydrocarbons are

those having carbon chain lengths ranging from one to and

including five, with varying amounts and positions of chlorine

substitution. (This listing does not include wastewaters, wastewater

treatment sludges, spent catalysts and wastes listed in this Section or

Section 721.132.)

(T)

F025

Condensed light ends, spent filters and filter aids, and spent

desiccant 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.

(T)

F026

Wastes (except wastewater and spent carbon 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.

(H)

F027

Discarded unused formulations containing tri-, tetra- or penta-

chlorophenol 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).

(H)

F028

Residues resulting from the incineration or thermal treatment of soil

contaminated with hazardous waste numbers F020, F021, F022,

F023, F026 and F027.

(T)

F032

Wastewaters, (except those that have not come into contact with

process contaminants), process residuals, preservative drippage and

spent formulations from wood preserving processes generated at

plants that currently use or have previously used chlorophenolic

formulations (except potentially cross-contaminated wastes that

have had the F032 waste code deleted in accordance with Section

721.135 and where the generator does not resume or initiate use of

chlorophenolic formulations). This listing does not include K001

bottom sediment sludge from the treatment of wastewater from

wood preserving processes that use creosote or pentachlorophenol.

(T)

F034

Wastewaters, (except those that have not come into contact with

process contaminants), process residuals, preservative drippage and

spent formulations from wood preserving processes generated at

plants that use creosote formulations. This listing does not include

K001 bottom sediment sludge from the treatment of wastewater

from wood preserving processes that use creosote or pentachloro-

phenol.

(T)

F035

Wastewaters, (except those that have not come into contact with

process contaminants), process residuals, preservative drippage and

spent formulations from wood preserving processes generated at

plants that use inorganic preservatives containing arsenic or

chromium. This listing does not include K001 bottom sediment

sludge from the treatment of wastewater from wood preserving

processes that use creosote or pentachlorophenol.

(T)

F037

Petroleum refinery primary oil/water/solids separation sludge --

Any sludge generated from the gravitational separation of

oil/water/solids during the storage or treatment of process

wastewaters and oily oil cooling wastewaters from petroleum

refineries. Such sludges include, but are not limited to, those

generated in: oil/water/solids separators; tanks and

impoundments; ditches and other conveyances; sumps; and

stormwater units receiving dry weather flow. Sludges Sludge

generated in stormwater units that do not receive dry weather flow,

sludges sludge generated from non-contact once-through cooling

waters segregated for treatment from other process or oily cooling

waters, sludges sludge generated in aggressive biological treatment

units as defined in subsection (b)(2), below, of this Section (including

sludges sludge generated in one or more additional units after

wastewaters have been treated in aggressive biological treatment

units), and K051 wastes are not included in this listing. This listing

does include residuals generated from processing or recycling oil-

bearing hazardous secondary materials excluded under Section

721.104(a)(12)(A) if those residuals are to be disposed of.

(T)

F038

Petroleum refinery secondary (emulsified) oil/water/solids

separation sludge -- Any sludge or float generated from the physical

or chemical separation of oil/water/solids in process wastewaters

and oily cooling wastewaters from petroleum refineries. Such

wastes include, but are not limited to, all sludges and floats

generated in: induced air floatation (IAF) units, tanks and

impoundments, and all sludges generated in DAF units. Sludges

generated in stormwater units that do not receive dry weather flow,

sludges generated from non-contact once-through cooling waters

segregated for treatment from other process or oily cooling waters,

sludges and floats generated in aggressive biological treatment units

as defined in subsection (b)(2), below of this Section (including

sludges and floats generated in one or more additional units after

wastewaters have been treated in aggressive biological treatment

units), F037, K048 and K051 wastes are not included in this listing.

(T)

F039

Leachate (liquids which have percolated through land disposed

wastes) resulting from the disposal of more than one restricted

waste classified as hazardous under Subpart D. (Leachate resulting

from the disposal of one or more of the following USEPA hazardous

wastes and no other hazardous wastes retains its USEPA hazardous

waste number(s): F020, F021, F022, F026, F027 or F028.)

(T)

BOARD NOTE: The primary hazardous properties of these materials have been indicated by the

letters T (Toxicity), R (Reactivity), I (Ignitability), and C (Corrosivity). The letter H indicates Acute

Hazardous Waste.

Listing specific definitions.

For the purpose of the F037 and F038 listings, oil/water/solids is defined as oil or water

or solids.

For the purposes of the F037 and F038 listings:

Aggressive biological treatment units are defined as units which employ one of

the following four treatment methods: activated sludge; trickling filter; rotating

biological contactor for the continuous accelerated biological oxidation of

wastewaters; or, high-rate aeration. High-rate aeration is a system of surface

impoundments or tanks, in which intense mechanical aeration is used to

completely mix the wastes, enhance biological activity, and:

The units employ a minimum of six horsepower per million gallons of

treatment volume; and either

ii)

The hydraulic retention time of the unit is no longer than five days; or

iii)

The hydraulic retention time is no longer than 30 days and the unit

does not generate a sludge that is a hazardous waste by the toxicity

characteristic.

Generators and treatment, storage or disposal (TSD) facilities have the burden of

proving that their sludges are exempt from listing as F037 or F038 wastes under

this definition. Generators and TSD facilities shall must maintain, in their

operating or other on site records, documents and data sufficient to prove that:

The unit is an aggressive biological treatment unit as defined in this

subsection; and

ii)

The sludges sought to be exempted from F037 or F038 were actually

generated in the aggressive biological treatment unit.

Time of generation. For the purposes of the designated waste, the time of generation is as

follows:

For the F037 listing, sludges are considered to be generated at the moment of

deposition in the unit, where deposition is defined as at least a temporary

cessation of lateral particle movement.

For the F038 listing:

Sludges are considered to be generated at the moment of deposition in

the unit, where deposition is defined as at least a temporary cessation of

lateral particle movement; and

ii)

Floats are considered to be generated at the moment they are formed in

the top of the unit.

(Source: Amended at 25 Ill. Reg. ________, effective ______________________)

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

Procedures 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

Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and Disposal

Facilities

728.108

Landfill and Surface Impoundment Disposal Restrictions (Repealed)

728.109

Special Rules for Characteristic Wastes

SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF

TREATMENT STANDARDS

Section

728.110

First Third (Repealed)

728.111

Second Third (Repealed)

728.112

Third Third (Repealed)

728.113

Newly Listed Wastes

728.114

Surface Impoundment exemptions

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section

728.130

Waste Specific Prohibitions -- Wood Preserving Wastes

728.131

Waste Specific Prohibitions -- Dioxin-Containing Wastes

728.132

Waste Specific Prohibitions -- California List Wastes (Repealed)

728.133

Waste-Specific Prohibitions -- Organobromine Wastes (Repealed)

728.134

Waste-Specific Prohibitions -- Toxicity Characteristic Metal Wastes

728.135

Waste Specific Prohibitions -- Petroleum Refining Wastes

728.136

Waste Specific Prohibitions -- Newly Listed Wastes (Repealed)

728.137

Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic Wastes Whose Treatment

Standards Were Vacated

728.138

Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic Wastes and Newly-

Listed Coke By-Product and Chlorotoluene Production Wastes

728.139

Waste-Specific Prohibitions: Spent Aluminum Potliners and Carbamate Wastes

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

728.145

Treatment Standards for Hazardous Debris

728.146

Alternative Treatment Standards Based on HTMR

728.148

Universal Treatment Standards

728.149

Alternative LDR Treatment Standards for Contaminated Soil

SUBPART E: PROHIBITIONS ON STORAGE

Section

728.150

Prohibitions on Storage of Restricted Wastes

728.Appendix A

Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)

728.Appendix B

Treatment Standards (As concentrations in the Treatment Residual Extract) (Repealed)

728.Appendix C

List of Halogenated Organic Compounds (Repealed)

728.Appendix D

Wastes Excluded from Lab Packs

728.Appendix E

Organic Lab Packs (Repealed)

728.Appendix F

Technologies to Achieve Deactivation of Characteristics

728.Appendix G

Federal Effective Dates

728.Appendix H

National Capacity LDR Variances for UIC Wastes

728.Appendix I

EP Toxicity Test Method and Structural Integrity Test

728.Appendix J

Recordkeeping, Notification, and Certification Requirements (Repealed)

728.Appendix K

Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to

Section 728.103(c)

728.Table A

Constituent Concentrations in Waste Extract (CCWE)

728.Table B

Constituent Concentrations in Wastes (CCW)

728.Table C

Technology Codes and Description of Technology-Based Standards

728.Table D

Technology-Based Standards by RCRA Waste Code

728.Table E

Standards for Radioactive Mixed Waste

728.Table F

Alternative Treatment Standards for Hazardous Debris

728.Table G

Alternative Treatment Standards Based on HTMR

728.Table H

Wastes Excluded from CCW Treatment Standards

728.Table I

Generator Paperwork Requirements

728.Table T

Treatment Standards for Hazardous Wastes

728.Table U

Universal Treatment Standards (UTS)

AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the Environmental Protection

Act [415 ILCS 5/7.2, 22.4 and 27].

SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended in R87-39 at 12 Ill. Reg.

13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg. 18403, effective November 13, 1989; amended in R89-

9 at 14 Ill. Reg. 6232, effective April 16, 1990; amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990;

amended in R90-10 at 14 Ill. Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9462,

effective June 17, 1991; amended at 15 Ill. Reg. 11937, effective August 12, 1991; amendment withdrawn at 15 Ill.

Reg. 14716, October 11, 1991; amended in R91-13 at 16 Ill. Reg. 9619, effective June 9, 1992; amended in R92-10 at

17 Ill. Reg. 5727, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20692, effective November 22, 1993;

amended in R93-16 at 18 Ill. Reg. 6799, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July

29, 1994; amended in R94-17 at 18 Ill. Reg. 17563, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.

9660, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100, August 1, 1996; amended in R96-10/R97-

3/R97-5 at 22 Ill. Reg. 783, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7685, effective April 15,

1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17706, effective September 28, 1998; amended in R98-21/R99-

2/R99-7 at 23 Ill. Reg. 1964, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9204, effective July 26,

1999; amended in R00-13 at 24 Ill. Reg. 9623, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. ________,

effective ______________________.

Section 728.Appendix G

Federal Effective Dates

The following are the effective dates for the USEPA rules in 40 CFR 268. These generally became effective as Illinois

rules at a later date.

TABLE 1

EFFECTIVE DATES OF SURFACE DISPOSED WASTES (NON-SOIL AND DEBRIS) REGULATED

IN THE LDRS

—COMPREHENSIVE LIST

Waste code

Waste category

Effective date

D001

All (except High TOC Ignitable Liquids)

Aug. 9, 1993.

D001

High TOC Ignitable Liquids

Aug. 8, 1990.

D002

All

Aug. 9, 1993.

D003

Newly identified surface-disposed elemental

phosphorus processing wastes

May 26, 2000.

D004

Newly identified D004 and mineral processing

wastes

Aug. 24, 1998.

D004

Mixed radioactive/newly identified D004 or

mineral processing wastes

May 26, 2000.

D005

Newly identified D005 and mineral processing

wastes

Aug. 24, 1998.

D005

Mixed radioactive/newly identified D005 or

mineral processing wastes

May 26, 2000.

D006

Newly identified D006 and mineral processing

wastes

Aug. 24, 1998.

D006

Mixed radioactive/newly identified D006 or

mineral processing wastes

May 26, 2000.

D007

Newly identified D007 and mineral processing

wastes

Aug. 24, 1998.

D007

Mixed radioactive/newly identified D007or

mineral processing wastes

May 26, 2000.

D008

Newly identified D008 and mineral processing

waste

Aug. 24, 1998.

D008

Mixed radioactive/newly identified D008 or

mineral processing wastes

May 26, 2000.

D009

Newly identified D009 and mineral processing

waste

Aug. 24, 1998.

D009

Mixed radioactive/newly identified D009or

mineral processing wastes

May 26, 2000.

D010

Newly identified D010 and mineral processing

wastes

Aug. 24, 1998.

D010

Mixed radioactive/newly identified D010 or

mineral processing wastes

May 26, 2000.

D011

Newly identified D011 and mineral processing

wastes

Aug. 24, 1998.

D011

Mixed radioactive/newly identified D011or

mineral processing wastes

May 26, 2000.

D012 (that exhibit the toxicity