1. and supporting documents referenced by the permit
      2. otherwise specified in this Appendix.
      3. 2 4. Modification of a tank management practice.
      4. 5. Management of different wastes in tanks:
      5. K. Land Treatment
      6. 7. Shakedown and trial burn:
      7. Section 720.110 Definitions
      8. constituents which could threaten human health or the environment.
      9. the waste containedtherein.
      10. controlled flame devices to accomplish recovery of materials orenergy:
      11. Lime kilns
      12. process to determine:
      13. 103—287
      14. Whether the waste is amenable to the treatment process.
      15. process conditions needed to achieve thedesired treatment.
      16. States Environmental Protection Agency.
      17. “Vessel’ includes every description of watercraft, used or capable of
      18. 1430 Broadway, New York, New York 10018, (212) 354—3300:
      19. 40 CFR 260.20 (1988)
      20. SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
      21. Appendix Z Table to Section 721.102
      22. industrial wastewater treatment.
      23. 3) Irrigation return flows.
      24. minerals does not include:
      25. collector after testing; or
      26. or testing facility; or
      27. protect against further breakdowns; and,
      28. does not involve the placement of
      29. hazardous waste on the land or open burning of hazardous waste.
      30. Wastewater from the washing and stripping of (1)phorate production.
      31. K052 Tank bottoms (leaded) from the petroleum (T)refining industry.
      32. Ink Formulation:
      33. Acetamide, 2-fluoro-
      34. Acetic acid, fluoro—, sodium salt
      35. 103—3 12
      36. (acetato-O)phenyl-
      37. P094 298-02-2 Phosphorodithioic acid, 0,0-diethyl 5-(ethyl thio)methyl ester
      38. Acetyl chloride (C,R,T)Acryl ami de
      39. U179 100-75-4 Piperidine, 1—nitroso-U192 23950-58-5 Pronamide
      40. K040 Phorate, formaldehyde, phosphorodithioic and phosphorothioic acidesters.
      41. 103—333
      42. Code 704.212(a), (b) and (c).
      43. with subsections (i)(1) through (i)(3).
      44. B) Iniiiediately contained and cleaned—up.

ILLINOIS POLLUTION
CONTROL BOARD
September
13,
1989
IN THE
MATTER
OF:
)
RCRA UPDATE, USEPA REGULATIONS
R89-l
(8-1-88 THROUGH
12-31-88)
)
FINAL ORDER.
ADOPTED RULES.
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.
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 ~f the Administrative Procedure Act,
it
is
not
subject
to
first
notice
or
to
second notice
review
by the Joint Committee
on
Administrative Rules
(JCAR).
The federal
RCRA regulations are found
at
40
CFR
260 through 270, and 280.
This rulemaking updates
Illinois’ RCRA rules
to
correspond with federal
amendments during the period August
1
through December
31,
1988.
The Board
adopted
a Proposed Order
on May 25,
1989.
The Proposal
appeared
on June 30, 1989,
at
13
Ill.
Reg.
9661.
The Board
has mod~fiedthe
proposal
in
response to public
comment,
as
is detailed
in the Opinion.
The
Board
hereby amends
the RCRA rules
as
set
forth
below.
This
Order
is supported
by
an
Opinion
adopted
this
same
day.
The
Board
will
withhold
filing
the
adopted
rules
until
October
13,
1989,
to allow
motions
for reconsideration
by the
agencies
involved
in the authorization
process.
The text of the adopted
rules
is
as follows:
103-215

-2—
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART 702
RCRA AND UIC PERMIT PROGRAMS
SUBPART A:
GENERAL PROVISIONS
Section
702.101
Applicability
702.102
Purpose and Scope
702.103
Confidentiality
702. 104
References
702.105
Rulemaking
702.106
Agency Criteria
702.107
Permit Appeals
702. 108
Variances
702.109
Enforcement
702.110
Definitions
SUBPART
B:
PERMIT APPLICATIONS
Section
702.120
Permit Application
702.121
Who Applies
702.122
Completeness
702.123
Information Requirements
702.124
Recordkeeping
702.125
Continuation
of Expiring Permits
702.126
Signatories
to Permit Applications
and Reports
SUBPART
C:
PERMIT CONDITIONS
Section
702.140
Conditions Applicable
to
all Permits
702.141
Duty
to Comply
702.142
Duty to Reapply
702.143
Need
to Halt or Reduce Activity
not
a Defense
702.144
Duty to Mitigate
702.145
Proper Operation and Maintenance
702.146
Permit Actions
702.147
Property Rights
702.148
Duty to Provide Information
702.149
Inspection and
Entry
702.150
Monitoring and Records
702.151
Signatory Requirements
702.152
Reporting Requirements
702.160
Establishing Permit Conditions
702.161
Duration
of Permits
702.162
Schedules
of Compliance
702. 163
Alternative Schedules of Compliance
702.164
Recording and Reporting
SUBPART
D:
ISSUED PERMITS
Section
103—216

—3-
702.181
Effect
of a Permit
702.182
Transfer
702.183
Modification
702.184
Causes
for Modification
702.185
Facility Siting
702.186
Revocation
702.187
Minor Modifications
AUTHORITY:
Implementing Section
13 and
22.4 and
authorized
by Section 27
of
the Environmental
Protection Act
(Ill. Rev. Stat.
1985,
ch.
111 1/2,
pars.
1013,
1022.4 and
1027).
SOURCE:
Adopted
in R81-32,
47
PCB
93,
at
6 Ill.
Reg.
12479, effective as
noted
in
35
Ill.
Adm. Code 700.106;
amended
in R82-19
at
at, 5~P~131,
7
Ill.
Reg.
14352, effective
as noted
in
35
Iii.
Adm. Code 700.106;
amended
in
R84—9
at
9
Ill.
Reg.
11926,
effective July 24,
1985;
amended
in R85—23 at
10
Ill.
Reg.
13274,
effective July 29,
1986; amended
in R86-1
at
10
Ill.
Reg.
14083, effective August
12,
1986;
amended
in R86—28
at
11 Ill.
Reg.
6131,
effective March
24,
1987;
amended
in R87-5
at
11
Ill. Reg.
19376,
effective
November
12,
1987;
amended
in R87—26
at
12
Ill.
Reg.
2579, effective January
15,
1988;
amended
in R87—29
at
12
Ill.
Reg.
6673,
effective March
28,
1988;
amended
in R87—39
at
12
Ill. Reg.
13083, effective July 29,
1988;
amended
in
R89-1
at
13 Ill. Reg.
,
effective
SUBPART
A:
GENERAL PROVISIONS
Section 702.104
References
See 35
Ill.
Adm. Code 720.111.
a4
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ieldT
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22161;
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~est ~4etheds
~
~val
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Send Waster Phys~eal/Ghe~ea1
Metheds~~PAP~b~eat4eR
R!Ff3beF SW—846 ~eeeAdE~t~e~
~982as a~eRdedby Ypdate
I- ~ApFfl-~
1984~aRd Ypdate II~
Ap~~~~98~3)~9ee~e~tRw~RbeFPB 8~—129-291)
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~c~sSeet4eA +ReeFpePates
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lateF ed4t~eAse~a~eAd~eRts~-
BOARD NOTE:
—See-Derived
from 40 CFR
270.6 (-198~—1988).
103—217

—4-
(Source:
Amended
at
13 Iii. Reg.
,
effective
)
Section
702.110
Definitions
The following definitions apply
to
35 Ill. Adm. Code 702,
703,
704 and 705.
Terms not defined
in this Section have the meaning given by the appropriate
Act.
When
a defined term appears
in a definition, the defined term
is
sometimes placed within quotation marks
as
an aid to
readers.
When
a
definition applies primarily to one or more programs, those programs appear
in
parentheses
after the defined
terms.
“Administrator” means the Administrator of the United States
Environmental Protection Agency,
or
an
authorized
representative.
“Agency” means
the
Illinois Environmental Protection Agency.
“Application” means
the Agency forms
for applying for
a
permit.
For
RCRA,
application
also includes the information
required by the
Agency under
35 111. Adm. Code 703.182
et
seq.
(contents
of Part
B
of
the RCRA application).
“Appropriate act
and regulations” means the Resource Conservation
and
Recovery Act
(RCRA); Safe Drinking Water Act
(SDWA);
or the
“Environmental
Protection Act,” whichever
is
applicable; and
applicable regulations
promulgated under those
statutes.
“Approved program or approved State” means
a State
or
interstate
program which
has
been approved or authorized
by EPA under 40 CFR 271
(-198~-1988) (RCRA)
or Section 1422 of the SDWA
(UIC).
“Aquifer”
(RCRA and UIC) means
a geological
“formation”,
group of
formations,
or part of
a formation that
is
capable
of yielding
a
significant amount
of water
to
a well
or
spring.
“Area
of review”
(UIC) means
the area surrounding an injection well
described according to the criteria set forth
in
35
Ill.
Adm.
Code
730.106
or,
in
the case of
an area permit, the project
area
plus
a
circumscribing area the width
of which
is
either 402 meters
(1/4 of
a
mile)
or
a number calculated according to the criteria
set forth
in
35
Ill.
Adm. Code 730.106.
“Board” means the Illinois Pollution Control
Board.
“Closure”
(RCRA) means the
act of
securing
a “Hazardous Waste
Management Facility” pursuant to
the requirements
of
35 Ill. Adm.
Code
724.
“Component”
(RCRA)
means any constituent
part of
a unit
or
any group
of
constituent parts
of
a unit which are assembled
to perform
a
specific function
(e.g.,
a pump seal,
pump,
kiln liner,
kiln
thermocouple).
“Contaminant”
(UIC) means
any physical, chemical, biological
or
radiological
substance or matter
in water.
103—218

—5—
“CWA” means
the Clean Water Act (formerly referred
to
as the Federal
Water Pollution Control
Act or Federal Water Pollution Control Act
Amendments of 1972)
P.L.
92-500,
as amended
by P.L. 95-217,
and P.L.
95-576;
33 U.S.C.
1251 et
seq.
(—1987-1988).
“Date
of approval
by USEPA of the Illinois UIC program” means
February
1,
1984.
“Director” means
the Director of the Illinois Environmental
Protection Agency
or the Director’s designee.
“Disposal”
(RCRA) means
the discharge,
deposit,
injection,
dumping,
spilling, leaking
or placing
of any “hazardous waste”
into or
on
any
land or water
so that such hazardous waste or any constituent of
the
waste may enter the environment or
be emitted into
the air or
discharged into
any waters,
including groundwater.
“Disposal Facility”
(RCRA) means
a
facility or part
of
a
facility at
which
“hazardous
waste”
is
intentionally placed into
or on
the land
or water,
and
at which hazardous waste will
remain after closure.
“Draft
Permit” means
a document prepared
under
35 Ill.
Adm. Code
705.141
indicating
the
Agency’s
tentative
decision
to
issue,
deny,
modify, terminate
or reissue
a “permit”.
A notice of
intent
to deny
a
permit,
as discussed
in
35
Ill.
Adm. Code 705.141
is
a type of
“draft permit”.
A denial
of
a request for modification, as
cliscussld
in
35 Ill. Adm. Code 705.128,
is
not
a
“draft permit”.
A “proposed
permit”
is
not
a
“draft permit”.
“Drilling Mud”
(UIC)
means
a heavy
susperTsion used
in drilling
an
“injection well”,
introduced down the drill
pipe and through the
drill
bit.
“Elementary neutralization unit” means
a device which:
Is
used
for
neutralizing
wastes
which are hazardous wastes only
because
they exhibit
the corrosivity characteristics defined
in
35
111.
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
35
Ill.
Adm. Code 720.110.
“Emergency
Permit”
means
a RCRA or U1C “permit”
issued
in accordance
with
35
Ill.
Adm. Code 703.221
or 704.163,
respectively.
“Environmental Protection Act” means
the Environmental Protection Act
(Ill.
Rev. Stat. —198~—1987, ch.
111
1/2,
par. 1001
et
seq.).
“Environmental
Protection
Agency”
(“EPA”)
means
the
United
States
Environmental
Protection
Agency.
“EPA” means the United States
“Environmental
Protection Agency”.
103—219

-6-
“Exempted aquifer”
(UIC) means
an
“aquifer” or
its portion
that meets
the criteria
in the definition
of “underground
source
of drinking
water” but which has been exempted according to the procedures
in
35
Ill. Adm. Code 702.105, 704.104 and 704.123(b).
“Existing hazardous waste management
(HWM)
facility”
or
“existing
facility” means
a facility which was
in operation or for which
construction commenced
on
or
before
November
19,
1980.
A
facility
has commenced construction
if:
The owner
or
operator has obtained the Federal, State and
local
approvals or
permits
necessary
to begin
physical
construction;
and
Either:
A
continuous
on-site,
physical
construction
program
has
begun;
or
The
owner
or
operator has entered into contractual
obligations
-—
which cannot
be cancelled
or modified
without substantial
loss
—-
for physical
construction
of
the facility to
be completed within
a reasonable time.
“Existing injection well”
(UIC)
means
an
“injection well” other than
a
“new injection well”.
“Facility
mailing
list”
(RCRA)
means
the
mailing
list
for
a
facility
maintained
by the Agency
in
accordance with
35
Ill.
Adm.
Code
705. 163.
“Facility or activity” means any “HWM facility”, UIC
“injection
well”,
or
any
other
facility
or
activity
(including
land
or
appurtenances thereto) that
is
subject
to regulations
under
the
Illinois RCRA or
UIC program.
“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.
(See 35 Ill. Adm. Code 700.102
et
seq.)
“Final
authorization”
(RCRA) means
approval
by EPA of the Illinois
Hazardous Waste Management Program which
has met the requirements
of
Section 3006(b) of RCRA and the applicable requirements
of
40 CFR
271,
Subpart
A
(1987).
EPA
granted
initial
final
authorization
on
January
31,
1986.
“Fluid”
(UIC)
means
any
material
or
substance
which
flows
or
moves
whether
in
a
semisolid,
liquid,
sludge,
gas
or
any
other
form
or
state.
“Formation”
(UIC)
means
a body of rock characterized by
a degree
of
lithologic homogeneity which
is
prevailingly, but
not necessarily,
103—220

—7—
tabular and
is mappable
on the earth’s
surface
or traceable
in the
subsurface.
“Formation fluid”
(UIC) means
“fluid” present
in
a “formation” under
natural
conditions
as opposed
to
introduced fluids,
such
as “drilling
mud”.
“Functionally equivalent component”
(RCRA) means
a component which
performs the
same function or measurement
and which meets
or exceeds
the performance specifications
of another component.
“Generator”
(RCRA) means any person,
by site location, whose act or
process produces “hazardous waste”
identified
or
listed
in
35 Ill.
Adm. Code 721.
“Groundwater”
(RCRA
and
UIC)
means
a
water
below
the
land
surface
in
a
zone
of
saturation.
“Hazardous
Waste”
(RCRA
and
UIC)
means
a
hazardous
waste
as
defined
in
35 Ill. Adm. Code 721.103.
“Hazardous
waste
management facility
(“HWM
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
(for
example,
one
or more landfills,
surface
impoundments
or
combinations
of
them).
“HWM facility”
(RCRA) means
“Hazardous Waste Management facility”.
“Injection well”
(RCRA
and UIC) means
a
“well”
into which “fluids”
are
being injected.
“I nj ect ion
zone”
(UIC)
means
a
geological
“formati
on’,
group
of
formations
or
part
of
a
formation
receiving
fluids
through
a
“well”.
“In
operation”
(RCRA)
means
a
facility which
is treating, storing
or
disposing
of
“hazardous
waste”.
“Interim
authorization”
(RCRA)
means
approval
by
EPA
of
the
Illinois
Hazardous
Waste
Management
program
which
has
met
the
requirements
of
Section
3006(c)
of RCRA and applicable
requirements
of
40 CFR 271
(1987).
This
happened
on May 17,
1982.
“Interstate
agency”
means
an
agency
of
two
or
more
states established
by
or under
an agreement
or
compact approved by the Congress,
or any
other
agency
of two
or more states
having substantial
powers
or
duties
pertaining
to
the control
of pollution
as determined and
approved
by the Administrator under the “appropriate Act
and
regulati ons”.
“Major facility” means any RCRA or UIC “facility or activity”
classified
as such by the Regional Administrator
or
the
Agency.
103—221

-8-
“Manifest”
(RCRA and UIC) means
the shipping document originated and
signed
by the “generator” which contains the information required by
35
Ill.
Adm. Code 722.Subpart
B.
“National Pollutant Discharge Elimination System” means the program
for issuing, modifying,
revoking and reissuing,
terminating,
monitoring and enforcing permits and imposing and enforcing
pretreatment
requirements under Section
12(f)
of the Environmental
Protection Act and 35 Ill. Adm. Code 309.Subpart A and 310.
The term
includes an
“approved program”.
“New
HWM
facility”
(RCRA) means
a
“Hazardous Waste Management
faciJity”
which
began
operation
or for which construction commenced
after November
19,
1980.
“New injection well”
(UIC)
means
a
“well” which began
injection after
the UIC program for the State of Illinois applicable
to the well
is
approved.
“0ff-site”
(RCRA) means any
site which
is
not “on-site”.
“On—site”
(RCRA)
means
on
the
same
or
geographically
contiguous
property which may
be divided
by public
or
private right(s)-of-way,
provided
the entrance and exit between
the properties
is
at
a cross-
roads
intersection, and
access
is
by crossing
as opposed
to going
along,
the right(s)-of-way.
Non-contiguous properties owned
by the
same person
but
connected
by
a right-of-way which
the person controls
and to which the
public does not have access,
is also considered on-
site property.
“Owner
or
operator” means
the owner
or operator of any “facility
or
activity”
subject
to
regulation
under
the
RCRA
or
UIC
programs.
“Pcrrnit”
means
an
authori zati’jti,
license
or
equl
valent
control
document
issued
to
implement
the
requirements
of
this
Part
and
35
Ill.
Adn.
Code
703,
704
and
705.
“Permit”
includes RCRA “permit
by
rule”
(35
III.
Adm.
Code
703.141),
UIC
area
permit
(35
Ill.
Adni.
Code
704.162)
and RCRA or U1C “Emergency Permit”
(35
Ill.
Adm. Code
703.221
and
704.163).
“Permit”
does
not
include RCRA interim
status
(35
Ill. Adm. Code 703.153
et seq.), UIC authorization by rule (35
Ill.
Adm. Code 704.Subpart C),
or any permit which
has
not yet been
the
subject
of
final
Agency
action,
such
as
a
“Draft
Permit”
or
a
“Proposed
Permit.”
“Person” means
any individual,
partnership, co—partnership,
firm,
company, corporation,
association, joint
stock company,
trust,
estate,
political
subdivision,
state agency,
or
any other
legal
entity,
or
their
legal
representative, agent
or
assigns.
“Phase
I”
(RCRA)
means,
as
used
in
the corresponding federal
regulations,
the
period
of
time
commencing
May
19,
1980.
For
Illinois purposes, Phase
I
began
on May 17,
1982.
“Phase
II”
(RCRA) means,
as used
in
the corresponding
federal
103—222

-9—
regulations,
the period
of
time commencing May
19,
1980.
For
Illinois purposes, Phase
II
will commence whenever USEPA grants
final
authorization to the Agency to
issue RCRA permits
for any class of
facility or unit.
This occurred on January 31,
1986.
“Physical construction”
(RCRA) means excavation, movement of earth,
erection of
forms
or structures
or similar activity to
prepare
an
“HWM
facility” to accept
“hazardous waste”.
“Plugging”
(UIC)
means the
act or process
of stopping the flow of
water,
oil
or gas
into or out
of
a
formation through
a
bor’~holeor
well
penetrating that formation.
“POTW” means
“publicly owned treatment works”.
“Project”
(UIC)
means
a group
of wells
in
a
single operation.
“Publicly owned treatment works”
(“POTW”)
is
as defined
in
35 Ill.
Adm. Code 310.
“Radioactive waste”
(UIC)
means any waste which
contains
radioactive
material
in
concentrations which exceed those
listed
in
10 CFR
20,
Appendix B,
Table
II, Column
2,
incorporated
by
reference
in -SeetioR
792T194—35
Ill.
Adrn.
Code 720.111.
“RCRA”.means
the
Solid
Waste
Disposal
Act as amended
by the Resource
Conservation
and
Recovery Act
of 1976
(P.
L.
94-580,
as
amended
by
P.
L.
95—609, P.L. 96-510,
42
U.S.C.
6901
et
seq.
(—1987—1988)).
“RCRA
permit”
means
a
permit
required
under
Section
21(f)
of
the
Environmental
Protection
Act.
“Regional Administrator” means
the Regional Administrator
for the EPA
Region
in
which
the
facility
is located
or
the
Regional
Administrator’s
desi gnee.
“Schedule of compliance” means
a
schedule of
remedial measures
included
in
a
“permit”,
including
an enforceable
sequence of
interim
requirements
(for example, actions, operations
or milestone events)
leading
to compliance with the “appropriate Act
and regulations”.
“SDWA”
means the Safe Drinking Water Act
(Pub.
L.
93-523,
as
amended;
42
U.S.C.
300f
et
seq.
(-1987—1988)).
ASIC
Code” means
codes
pursuant to the Standard Industrial
Classification Manual
incorporated
by
reference
in
35
ill.
Adm. Code
720. 111.
“Site” means
the land
or
water
area
where
any “facility
or activity”
is
physically located
or conducted,
including adjacent
land used
in
connection with
the facility or activity.
~SI-GGede~
R~&AS
codes p~FsEiaRtto the StaAdaPd
I-Rth~stF+a1
G1ass+~eat+eA~lanE~a1
*ReeF~ePatedby ~e~e~e~ee~ 3~P4~AdFI~rGede
103—223

-10-
“State” means the State of Illinois.
“State Director” means
the Director of
the Illinois Environmental
Protection Agency.
“State/EPA Agreement” means
an agreement between the Regional
Administrator and the State which coordinates EPA and
State
activities,
responsibilities and programs including those
under the
RCRA and
SDWA.
“Storage”
(RCRA) means the holding
of “hazardous waste”
for a
temporary period,
at the end of which the
hazardous
waste
is treated,
disposed
or
stored
elsewhere.
“Stratum
(plural
strata)”
(UIC)
means
a
single
sedimentary
bed
or
layer,
regardless
of thickness, that consists
of
generally
the
same
kind of
rock material.
“Total
dissolved
solids”
(UIC)
means
the
total
dissolved
(filterable)
solids
as
determined
by use of the method specified
in
40 CFR
136,
incorporated
by reference
in
—Seeti-eR 7O2~194-35Ill.
Adm. Code
720.
111.
“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.
“Transporter”
(RCRA)
means
a
person
engaged
in
the
off-site
transportation of
“hazardous waste”
by air,
rail,
highway
or water.
“Treatment”
(RCRA) ni~ans any
method,
teche
que, process,
irci
udinq
neutralization,
designed
to change
the physical, chemical
or
biological
character or
composition
of
any “hazardous waste”
so
as
to
neutral i ze
sucri wastes,
or
so
as
to
recover energy
or material
resources
from the waste,
or
so
as
to
render such wastes
non-
hazardous,
or
less hazardous;
safer
to transport,
store
or dispose
of; or
amenable
for
recovery, amenable for storage or
reduced
in
vol ume.
“UIC”
means the Underground Injection Control
program.
“Underground Injection”
(UIC)
means
a
“well
injection”.
“Underground
source
of drinking water”
(“USDW”)
(RCRA and UIC) means
an
“aquifer”
or
its
portion:
Which:
Supplies any public water system;
or
Contains
a sufficient
quantity of groundwater
to supply
a
103—224

—11—
public water system; and
Currently supplies drinking water
for human
consumption;
or
Contains less than 10,000 mg/l
total
dissolved solids;
and
Which
is
not
an
“exempted aquifer”.
“USDW”
(RCRA
and
UIC)
means
an
“underground
~.~‘urce
of drinking
water”.
“USEPA” means the United States Environmental
Protection Agency.
“Wastewater treatment
unit” means
a
device which:
Is
part of
a wastewater treatment facility which
is
subject
to
regulation under
35
Ill.
Adm. Code 3O9.Subpart A
or 310; and
Recei
yes
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.
Adrn.
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
35
Ill. Adm. Code
720. 110.
“Well”
(UIC) means
a
bored, drilled
or driven
shaft,
or
a dug hole,
whose depth
is
greater than the largest
surface dimension.
“Well
injection”
(UIC)
means
the subsurface emplacement
of “fluids”
through
a
bored,
drilled,
or
driven
“well”;
or
through
a
dug
oell,
where the
depth
of
the
dug
well
is
greater
than
the
largest
surface
dimensi on.
BOARD NOTE:
-See-Derived from 40 CFR
144.3
and
270.2
(-1987)-1988),
as
amended
at
53 Fed.
Peg.
34086,
September 2,
1988,
and
53 Fed. Peg.
37934, September 28,
1988.
(Source:
Amended
at
13
Ill.
Peg.
,
effective
SUBPART
C:
PERMIT CONDITIONS
Section
702.152
Reporting
Requirements
a)
Planned changes.
The permittee shall
give notice
to the Agency
as
soon as possible of any planned
physical
alterations
or additions to
the permitted facility.
b)
Anticipated
noncompliance.
The permittee shall
give advance notice
to
the Agency
of any planned changes
in
the
permitted facility or
103—225

-12—
activity which may
result
in noncompliance with permit
requirements.
For RCRA,
see also
35
Ill.
Adm.
Code
703.247.
c)
Transfers.
This permit
is not transferable
to any person except
after notice to the Agency.
The Agency may
require modification of
the permit
to change the name of the permittee and incorporate such
other
requirements
as may
be
necessary under the appropriate Act.
(See Sections 702.182 and
702.183,
in some cases
modification
is
mandatory.)
d)
Monitoring reports.
Monitoring
results
shall
be
reported
at the
intervals
specified
in
the
permit.
e)
Compliance
schedules.
Reports
of
compliance
or non-compliance with,
or any progress
reports
on,
interim and final
requirements contained
in
any
compliance schedule of
the permit
shall
be
submitted no later
than
specified
in
Section
702.162.
f)
Twenty—four hour reporting
as required
in
35
Ill.
Adm.
Code
703.245
or 704.181(d).
g)
Other
noncompliance.
The
permittee
shall
report
all
instances
of
noncompliance
not
reported
under
subsections
(d),
(e)
and
(f)
at the
time
monitoring
reports
are
submitted.
The
reports
shall
contain
the
information
referenced
in subsection
(f).
h)
Other
information.
Where
the permittee becomes aware
that
it
failed
to
submit any
relevant facts
in
a permit application,
or
submitted
incorrect information
in
a permit application
or
in
any report
to
the
Agency,
it
shall
promptly submit such facts
or information.
BOARD
NOTE:
-See—Derived
from
40
CFR
144.51(1)
and
270.30(1)
(1988).
(Source:
Amended
at
13
111.
Roy.
,
effective
Section
702.160
Establishing Permit Conditions
a)
In addition
to conditions
required
in
permits
for both programs
(Sections
702.140
through
702.152),
the
Agency
shall
establish
conditions,
as
required
on
a case-by—case
basis,
in RCRA and UIC
permits
under Section 702.150
(monitoring
and
records),
Section
702.161
(duration
of
permits),
Section
702.162
(schedules
of
compliance),
Section 702.163 (alternate schedules
of compliance)
and
Section
702.164 (Recording
and Reporting).
BOARD NOTE:
—See—Derived
from 40 CFR
144.52(a)
(1987)
and
270.32(a)
(1988).
b)
Additional
conditions.
1)
In
addition
to
conditions
required
in
all
permits
for
a
particular
program
(35
111.
Adm.
Code
703.241
et
seq.
for
RCRA
and
35
111.
Adm.
Code
704.181
et
seq.
for
UIC),
the
Agency
shall
establish conditions
in
permits for
the individual
programs,
as
103—226

—13—
required
on
a case-by-case basis,
to provide for
and assure
compliance with
all
applicable requirements
of the appropriate
Act
and
regulations.
BOARD
NOTE:
—See-Derived
from
40
CFR
144.52(b)
and
270.32(b)
(1988).
2)
An
applicable
requirement
is
a statutory or
regulatory
requirement which takes effect prior
to
final
administrative
disposition
of
a permit.
35
Ill.
Adm. Code 705.184
(reopening
of comment
period) provides
a means for reopening permit
proceedings
at
the discretion
of the Agency where new
requirements become
effective during the permitting process and
are
of
sufficient
magnitude to make additional
proceedings
desirable.
An
applicable
requirement
is
also
any
requirement
which
takes
effect
prior to the modification
of
a
permit,
to the
extent
allowed
in
35
Ill.
Adm.
Code
705.201.
BOARD NOTE:
—See—Derived from 40 CFR 144.52(b) and
270.32(c)
(1988).
3)
Mew
or
reissued permits, and to the extent allowed
under
35
Ill.
Adm. Code 705.201 modified permits,
shall
incorporate
each of
the applicable requirements
referenced
in
35
Ill.
Adm. Code
703.241
et
seq.
(RCRA)
and
35
Ill.
Adm. Code 704.182 through
704.191
(UIC).
BOARD NOTE:
—See-Derived
from 40 CFR
144.52(b)
and
270.32(d)
(1988).
c)
Incorporation.
All
permit
conditions
shall
be
incorporated
either
expressly
or by
reference.
If incorporated by
reference,
a
specific
citation to the applicable
regulations or requirements
must be given
in
the permit.
BOARD
NOTE:
—See—Derived_from 40 CFR
144.51
and 270.32(e)
(1988).
(Source:
Amended
at
13
Ill. Reg.
,
effective
)
SUBPART
0:
ISSUED
PERMITS
Section
702.181
Effect
of
a Permit
a)
The existence of
a RCRA or UIC permit
shall
not constitute
a defense
to
a
violation of the Environmental
Protection Act
or this Subtitle,
except for development, modification
or operation without
a permit.
—A—However,
a
permit may be modified,
reissued
or revoked during
its
term for cause
as
set
forth
in
35 Ill.
Adni.
Code 703.270 throuh
b)
The issuance of
a permit does not
convey any property
rights
of any
sort,
or
any exclusive privilege.
103—227

-14-
c)
The issuance of a permit does not authorize any
injury
to persons
or
property or
invasion of other private rights,
or any infringement of
State
or
local
law or regulations, except
as
noted
in
subsection
(a).
BOARD NOTE:
-See-Derived
from 144.35
(1988) and 40 CFR
270.4
as a~eAdedat
S2 seth ReST 4~787~
Deee~be~1~1987T~—(1988),
as
amended
at
53 Fed. Reg.
37934, September 28,
1988.
(Source:
Amended
at
13
Ill.
Peg.
,
effective
)
Section
702.182
Transfer
This Section
applies
only to UIC permits.
For RCRA,
see 35 Ill.
Adm. Code
703.260.
a)
Transfer by modification.
Except
as
provided
in
subsection
(b),
a
permit
may be transferred
by
the permittee to
a
new owner
or operator
only
if
the
permit
has
been
modified
(under —See~-—5ection702.183
through 702.185)
or
a minor modification made (under —Seer—Section
702.187(d),
to identify
the
new
permittee and incorporate such other
requirements
as may be necessary under the appropriate Act.
The
new
owner
or operator to whom the permit
is
transferred shall
comply with
all
the
terms
and
conditions
specified
in
such permit.
b)
Automatic
transfers.
As
an
alternative
to
transfers
under
subsection
(a),
any
UIC
permit
for
a
well
not injecting hazardous waste may be
automatically transferred to
a new permittee
if:
1)
The current permittee notifies
the Agency
at
least
30 days
in
advance
of the
proposed transfer date
in subsection
(b)(2);
2)
The
notice
includes
a written agreement between
the existing and
new
permittees
containing
a specific date for transfer of
permit
responsibility,
coverage
arid liability
between
them
and
the
notice demonstrates
that the financial
responsibility
requirements
of
35
Ill.
Adm. Code 704.189
will
be net
by
the
new
permittee and that
the new permittee agrees
to conply
with
all
the terms
and conditions specified
in the permit
to
be
transferred under subsection
(b);
and
3)
The Agency does
not notify
the existing permittee and the
proposed new permittee of
its
intent
to modify the permit.
A
modification under
this subsection may also be
a minor
modification under
—SecT—Section 702.187.
If this notice
is
not
received,
the transfer
is
effective on
the date specified
in
the
agreement mentioned in subsection
(b)(2).
BOARD
NOTE:
—See—Derived
from
40
CFR
144.38
(1937)—
aRd
279~49~.
(Source:
Amended
at
13
Ill.
Peg.
,
effective
Section
702.183
Modification
103—
22’3

—15-
This Section applies only to UIC permits.
For RCRA,
see 35 Ill. Adm. Code
703.270.
When
the Agency
receives
any information
(for example, inspects the
facility,
receives information submitted by the permittee as required
in
the
permit
(See -Sees~—Sections702.140 through 702.152), receives
a request
for
modification
or conducts
a
review of the permit
file)
it may determine whether
or not
one or more of the
causes
listed
in -Seesr—Sections 702.184 and 702.185
for modification exist.
If cause exists, the Agency may modify the permit
accordingly,
subject
to
the limitations
of —Seer—Section 702.185 and may
request
an updated application
if necessary.
When
a
permit
is modified, only
the conditions subject
to modification are
reopened.
If cause does not exist
under —SecT-Section 702.183 through .702.185 or
—Sees-Section
702.187
the
Agency
shall
not
modify
the
permit.
If
a permit modification satisfies the
criteria
in —Sees-Section 702.187
for “minor modifications” the
permit may be
modified without
a draft
permit
or public
review.
Otherwise,
a draft
permit
must
be prepared and other procedures
in
35 Ill. Adm. Code
705
followed.
BOARD NOTE:
-See—Derived from 40 CFR -122T1~4—144.39(1987).
(Source:
Amended at
13
Ill.
Reg.
,
effective
Section 702.184
Causes
for Modification
This Section
applies only to UIC permits.
For RCRA,
see 35
Ill.
Adm. Code
703.271 and
703.272.
a)
The
following
are
cause
for
modification,
but
not
reissuance,
of
permits;
the following may be cause for
reissuance
as well
as
modification when the permitee requests
or agrees:
1)
Alterations.
There
are material
and
substantial
alterations
or
additions
to the permitted facility or activity which occurred
after permit
issuance which justify the application of permit
conditions that are different
or absent
in the existing
permit.
2)
information.
The Agency
has
received
information.
Permits
other than
for
UIC Class
III
wells
may
be
modified
during
their
terms
for this cause
only if
the
information was
not available
at
the time of permit
issuance
(other
than revised regulations,
guidance
or test methods) and would have justified the
application
of different permit
conditions
at the time of
issuance.
For UIC area permits
this cause
shall
include any
information
indicating that cumulative effects
on the
environment
are unacceptable.
3)
Mew
statutory requirements
or
regulations.
The standards
or
regulations
on which the permit was based
have been changed
by
statute,
through promulgation
of
new or
amended standards
or
regulations
or by
judicial decision after the
permit was
issued.
Permits
other than
for UIC Class
III wells may be
modified during their terms
for this cause
only as
follows:
A)
The Agency may modify
the permit when standards or
regulations on which
the permit was
based
have been changed
by statute
or amended standards or regulations.
103—229

-16-
B)
The permittee may
request modification when:
i)
The permit condition requested to
be modified was
based
on
a
promulgated
-~
14-4-,~Adc~~
Gede
792T
~93
32~
t~~e~gh
~28~RGRA-
e~
—35
Ill. Adm. Code 730
(UIC)
regulation;
and
ii)
The Board
has revised, withdrawn or modified that
portion
of
the regulation
on which the permit
condition was based;
and
iii) A permittee
requests modification
in accordance with
35
Ill.
Adm. Code 705.128 within ninety
(90)
days
after Illinois Register notice
of the rulemaking on
which the
request
is based.
C)
For judicial
decisions,
a
court
of competent jurisdiction
has
remanded and
stayed Board promulgated
regulations,
if
the
remand and stay concern that portion of
the regulations
on which the
permit condition was based
or
if
a
request
is
filed
by the permittee
in
accordance with 35
111. Adm. Code
705.128 within
ninety
(90) days
of judicial
remand.
4)
Compliance
schedules.
The Agency
determines good
cause exists
for modification
of
a compliance schedule,
such as
an act of
God,
strike,
flood
or materials shortage or
other events
over
which the permittee has
little
or
no control
and
for which
there
is
no reasonably available remedy.
~.
~
SGRA
eol-y~the A~eoeyoay
m~odi.fy a ~eF~-t~
A~
When ~od4f4-eat*eo
of
a e1es~~e
p~aofs
FeqEflFed ~RdeF3~
~-l-~
~
~o~e 724T2~2(b~
BF
3B
114r
Ad~i~
Cede
~
B.)
Af~eFthe A~eoeyFeee+ves ~heoet+f+eat+eo
of e~eeted
ei-es~~e
~RdeF~
I-I-h Ad~cede
~24T213- wheo
the
A9eRey
deteF~oesthat
exteosfeA
ef
the
90
OF
1.90
day pe~4-ods
~
I-fl-i.
A~m~T
Gede
724T2131 o~ed~ffeati-ooof the
39—
yeas
pest—eI-os~~e
pe~~od
~ode~3~
1.I-1-T
Ad~o~
Gede
724T21.7~a~Teeot+Raat+eR ef
seeEfFI-ty ~eq~4-~eo~eots
~odeF
3~
1-I-IT
Ado~T
Gede
724~217~b.)-
OF ~
ss-eo
to
di-st~Fbthe
+F~te~F+ty
of the eeRta4-o~eot
system~~AdeF35 I-l4~Ado~~
Code
a~e~AwaFFaRtedT
G~
Wheo
the
peFm~4ttee has
ff1-ed
a
Feqm~est~iode~35
11-1-i
AdR~~
Cede 724T247(-e4 foF
a ~ed4-ffeat*eo
to the
1-evel-
of
ffoaoefa1- Fes~oAs+b~l-~y
OF
wheR
~he A~eoeyde080stFates
35
H-h Ad~TCede 724T24~~that ao
~pwaFd
ad~sto~eot
of
the
1.e’~’eI- of
fi-oaoei-al-
~espe~s+b+1-+ty
fs
~eq~n-~ed~
9)
WheR the eoFFeetR-ve aet+oR
~FO9F~R~speei-fi-ed
fo the
peFo~ft
~odeF35 H-h
Ad~o~
Code 724~2@0has oot bFe~htthe
103—2
31)

—17—
Fegl~i1-ated~n4t
fnte
een~p1-faneewi-th
the
g~e~ndwate~
p~eteet+enstandard w~thfna
Feasenabl-e pe~fede~tfn~er
E)
~e fne1-~idea
deteeti-en ROAR-teFfAg PFOgP&R~i~eet4ngthe
Feqa+FeR~entsef
35
~4l~
Adn~~
Cede
24T198T
when
the
owne~
eF epeFateF has been eeRd~etfRga een~pl4aneen~eRftoF+Rg
p~eg~an~
~nde~35
1-1-h Adn~TCede 724T~99e~a eeFFeeti-ve
aeti-en p~eg~an~
EIA4eP
35
1-1-h Adn~Cede 724~2@0and the
eenipl-i-anee pe~i-edends befe~ethe end of the pest—e1-es~we
caPe peR-ed ~
the
~R+tT
~)
When
a
pePRn-t
Feq~ifFesa
een~p1-i-anee~neRfteFfRg
PFO~FeW~
35
1-l1-~-Adn~~
Cede
724~I-99~
b~tn~onfte~i-ng
data
collected p~i-e~
to pe~~ni-ti-ss~aneei-ndi-eate that the
faei-1-i-ty
i-s
exeeedi-ng
the
g~o~ndwate~
p~oteet+oA
standa~dr
C)
lo
4-neI-~deeendfti-ons
appl-i-eabl-e
to
~nfts
at
a
faei-1-fty
that
were
net
p~evi-o~s1-y
i-ne1-~ded i-n
the
faei-1-i-ty~s
peFRmft~
~44
When
a
1-and
tPeatn)ent
i~ni-ti-s
not
aehfevi-ng
ee~plete
t~eatn~ent
of ha~a~dem~s
eonsti-t~entsHndeP
i-ts
e~iFFeRt
peFRR-t een?4i-ti-ens~
~
RORA
onl-y~netwi-thstandi-ng
any
ether p~ov+s+onof thfs
Seeti-on; when
a
pePffli-t fe~a
1-and
di-spesal-
faei-1-i-ty
i-s ~ev+ewed
~inde~
Seeti-en ~G2T1~1)d)-~
the Agency
shall- ~odffythe pe~~i-tas
neeessa~yto ass~~e
that
the
faei-1-i-ty
eonti-nm~esto
eor~p1-ywi-th
the
e~~~ent1-y
appl-i-eabl-e
~eqm~f~em~ents
i-n
thi-s
Past
and
35
I-1-l-~
AdwmT
Code
793
and
720
th~e~gh
726T—
b)
The
following
are
causes
to modify
or,
alternatively,
reissue
a
permit:
The Agency has
received notification
(as
required
in the
permit,
see
Section
702.152(c))
of
a proposed transfer of the
permit.
A
permit
also
may
he modified
to
reflect
a
transfer
after
the
effective
date
of
an
automatic
transfer
(Section
702.182(b)),
but
will
not
be
revoked
and
reissued
after
the
effective
date
of
the
transfer
except
upon
the
request
of
the
new
permittee.
BOARD NOTE:
-See—Derived from 40 CFR
144.39
(1988) —1-997~ an~
270T4~(-19874w as a~endedat52
Red,- Reg~45787; 9eee~be~
I-i- 1987.
(Source:
Amended
at
13
Ill.
Peg.
,
effective
Section 702.185
Facility Siting
This Section
applies only to UIC permits.
For RCRA,
see 35
ill.
Adm. Code
703.273.
—Rep
RGRA
and
Y~C~
s-Suitability
of
the facility
location will
not
be considered
at the time of permit modification unless
new information
or
standards
indicate
that
a
threat
to
human
health
or
the
environment
exists
which
was
unknown
at
the
time
of
permit
issuance
or unless
required under
the
Environmental
Protection Act.
However,
certain modifications may
require site
location suitability approval
pursuant to Section 39.2 of the Environmental
Protection Act.
103—231

-18-
BOARD NOTE:
-See—Derived from 40 CFR-
~22T~54?~-
144.39(c)
(1988).
(Source:
Amended at
13
Ill. Reg.
,
effective
)
Section 702.186
Revocation
The Board will
revoke
a permit during its term in accordance with Title VIII
of the Environmental Protection Act -e~deny
a pe~i-t~enewa1-
appl-i-eati-en-for
the following causes:
a)
The permittee’s
violation of the Environmental Protection Act
or
regulations adopted thereunder;
b)
Noncompliance by
the permittee with
any condition of the permit;
c)
The permittee’s
failure
in
the
application
or during the permit
issuance process
to disclose fully
all
relevant
facts,
or the
permittee’s misrepresentation
of
any
relevant
facts
at
any
time;
or
d)
A determination that
the
permitted activity endangers human
health
or
the environment
and
can only
be
regulated to acceptable levels
by
permit modification
or revocation.
BOARD NOTE:
Derived from 40 CFR 270.43
and 144.40
(1988).
(Source:
Amended
at
13 Ill. Peg.
,
effective
Section 702.187
Minor ~‘1odifications
This Section
applies only to UIC permits.
For RCRA,
see
35
Ill. Adm. Code
703.280.
Upon the consent
of the permittee,
the Agency may modify
a
permit
to
make
the corrections
or allowances
for changes
in the permitted activity
listed
in this Section, without following the procedures
of
35
Ill.
Adrn.
Code
/05.
Any
permit
mcdi
fi
cat.
on
mat processed
as
a
minor
mcdi
fi cation
under
this
Section must be
made
for cause
arid
with
a
35
Iii. Adm.
Code
705
draft
permit
and public
notice
as
required
in Sections 702.183 through 702.185.
Minor
modifications
may
only:
a)
Correct typographical
errors;
b)
Require more frequent monitoring
or reporting
by
the permittee;
c)
Change
an interim compliance date
in
a
schedule
of compliance,
provided the
new date
is
not more than 120 days after the date
specified
in the existing
permit and does
not
interfere with
attainment
of
the final
compliance date
requirement;
or
d)
Allow
for
a change
in ownership
or operational
control
of
a
facility
where the Agency
determines that
no
other change
in
the permit
is
necessary,
provided:
1-J~
Fo~RORA onI-y~ that a wFi-tten agPeen~enteentai-ni-ng
a speei-fi-e
date fo~t~ansfe~
of
pePnRi-t ~esponsi-bi-1-i-ty
between
the em~P~ent
and new peP~i-tteeshas been s~b~i-ttedto the AgeneyT
Changes
i-n
11)3—232

-19—
the ewne~shi-po~epe~ati-ena1-eont~e1-of
a
faei-1-4-ty ~aybe n~ade
enl-y
i-f
the
ewne~o~epe~ate~
s~bRi-tsa
~ev+sedpeFmwi-t
appl-i-eati-en no
1-ate~than
99 days pRi-eP to the
sehethfl-ed
ehange~ When
a t~ansfe~
of ewne~shi-pe~ope~ati-ena1-eentpel- of
a
~aei-1-i-ty
oee~Fs~
the old ewne~or~epe~ate~.shallee~plywi-th
the
pe~i-peo~eRts
of
35
I-1-l~ Adn~TCede 724TS~bpaFtH ~fi-nanei-a1.
Pe~E4i-Fen~eRts4~nti-l
the new owner e~epe~ateFhas deiaenst~ated
te the Agency that the new ewne~o~opePatoP
i-s
eon~p1-yi-ng wi-th
the ~eq~i-~en~ents
of that S~bpa~tT7he new owneP e~epePate~
shall deRonstFate eon~pli-aneewi-th the
fi-nanefal- ass~~anee
Peq~i-~emnentswi-thi-n
si-x nmonths afte~the
date
of
the
change
i-n
~he owne~shi-po~epe~ati-ona1-eontpel-
of
the
faei-j-i-tyr
upon
demaonst~ati-onto the Agency
by the new owner
OF epe~atoPof
ee~p1-i-aneewi-th
the
fi-nanefal-
assm~~anee
~
the
Agency
shall-
neti-fy
the
old
owner
e~epe~ate~
i-n
wr~4-ti-ngthat
the
e1-d
ewne~o~opePatoF
no
longer
needs
to
com~pl-ywi-th
35
I-1-1-~r
Ad~T
Cede 724TS~bpaPtN as
of the date
ef the de~onst~ati-en~
2)
Re~~i1.G
onl-y~
-that
a written agreement containing
a specific
date
for transfer of permit
responsibility, coverage and
liability
between the current and new permittees
has been
submitted
to the Agency.
e)
Re~RORA onl-y~-
1)
Change th~l-i-sts
of
faei-1-4-ty e~ePgeneyceo~di-nate~se~eq~i-pn~ent
i-n the
pePo~i-t~!~s
e..onti-ngeney~pI-anj-o~
2)
Mi-nor changes to el-os~~ep1-ans~
A)
Change
esti-n~atesof
omaxianm~R 4-nvente~ym~nde~
35
i-lI-T
A4nT
Code 724T21-2)a))2)t
B)
ChaA~ees
i-metes
of expected yee~of eThes~~ee~
seheth4es
fo~i-foal
sloseFe
wide~
3S
1-I-h Ad
Cede 724T212)a))4~
OF
C)
Approve
pe~4-ods
l-onge~
than 90 days o~1-89 days ~nde~35
1-1-IT
Admn~- Code 724T2I-34a) and ~b)7
3)
Change the ~angesof the
opePati-ng req~i-Pe~entsset
i-n the
pePn~i-tto
pefl-ect
the
~esmfl-tsof
the
t~i-a1-~
p~ovi-dedthat
the change
i-s
n~i-noPr
44
Change the ope~ati-ng
Feq~i-Fem~ents
set
i-n
the
peF~i-tfoP
cond~eti-nga
tpi-al-
~
p~ovi-dedthat
the
change
i-s
lW~-HOFr
5)
G~antone
extensi-on
of
the
t*~epe~i-edfe~
deteF~i-nati-ng
ope~at4-ooal- peadi-ness
fol-lowi-og eeRpleti-on
of eenstF~eti-en~fo~
~p to
729
he~~s
epePati-ng
ti-ne
fo~ tFeatFnent
of
ha~a~de~s
waster
~)
Change the t~eat~ent
ppeg~anPeq~i-Fen~entsfo~1-and t~eatn~ent
~ni-ts~nde~35
1-4-l-~
AdR~TCode 724T371- to
i-np~evetFeatn~entof
ha~a~dem~s
eeRsti-t~ents~p~ovi-dedthat the change
i-s
F~i-ROFr
103—233

-20-
7)
Change any
eondi-ti-ons
speei-fi-ed
i-n the pe~n~i-tfo~land t~eat~ent
~ni-ts
to ~efleetthe PesBlts
of ~i-eld
tests
OF l-abo~ate~y
analyses ased
i-n ~ak4nga t~eatn~ent
den~enst~ati-en
i-n aeee~danee
wi-th
5
1-1-h Adn~~
Cede
793T239; p~evi-dedthat the change
i-s
8)
Allow
a second t~eatn~ent
de~onstpati-onfop ~rand
t~eatn~eRt
to be
eonth&eted when the pes~l-tse~the
fi-pst de~nonstpati-enhave Ret
shown the eondi-ti-ens ~inde~
whi-eh
the
waste e~wastes
can be
t~eatedeon~pletel-y as Feq~i-~ed
by
35
1-1-IT Adni~Cede 324~372)a4;
pFevi-de~the eendi-ti-ens fo~the second dernenst~ati-ona~e
sdbstanti-a1-1-y
the
same
as
the
eondfti-ens
fe~the
ff~st
denonstFat
i-OAT
9)
Allow t~eat~ent
of ha~a~do~s
wastes not p~evi-o~isly
speei-fi-ed
i-n
the
peFni-t
i-fe
A)
The
ha~aFdO~S
waste
has
been
p~ohi-bi-tedf~enone
o~~o~e
moetheds ef land di-sposal- onde~35 1-lh
AdRT
Cede
728TS~mbpaPtC or~ 35
1-1-l-~
AdR~TCede 728Tl39t
B)
TPeatReot
i-s
i-n aeeo~daneewi-th
35
1-1-h AdRT
Code 728T1-94
)4-f applfeable)~35
I-I-h
AdRT Cede
728~1-93and;
4-)
T~eatnenti-s
4-n
aceo~daneewi-th
standards
estab~,-i-shed
onde~35
I-1-l-~
AdRT Code
28T1-41- 728~1-42
OP
28~1-44~
e~
i-i-)
Where no
t~eatnent standards
have
been
establi-shed;
tPeato~eRt
~ende~sthe waste
ne
I-enge~s~b~ect
to the
appli-eable
p~ohi-bft~ens
set fe~t~
i-n 35
I-14r
Adn~
Code
728T132 e~
728T1-39T
an4hc~aed ~FeateeAt
@f the FestFfeted wastes
wfl-l- net
p~esen~
~fskssohst&nt4-ol-I-y dffi-e~eot
4FOm~
those
of
wastes
4-~
the
pe~nft~.
and
94
The Agency approves
the nii-no~~odfffeati-enT
The Agency
shall-
not
app~evechanges
to
the
pePni-t except fo~the
addi-ti-en
of
new
waste
codes
and adni-ni-st~ati-vee~teehoi-eal-
changes neeessa~y
to
handle
new
wastesT
The
Agency
shall
net approve chaRges
i-n t~eatnentp~oeesseso~physi-eal-
eq~i-pnent~nde~thi-s s~bseeti-oor
1-9)
All-ow pepni-tted
faci-li-ti-es to change
thei-p epeFati-ens
to tFeat
e~store haEaFdebs wastes sm~b~eet
to
I-and
di-sposal- pest~i-et4-ons
i-~pesedby
35
1-ll-T AdnT Code
728 p~evi-deds~ieht~eatnento~
steFa~eeceaFs
4-n eeota+ne~sop tao~sand the peF~+tteea
A-)
Reqoests
a
na,)e~
pe~ni-tnedi-fi-eati-on p~FsoaAtto
Seeti-on
702T1-8
and 35
I-I-IT
Adn~Code 705T1-28~
B)
9e~onst~ates
4-n the n~a~o~
pe~ni-tn~odi-fi-eati-en
~eq~iestthat
the t~eatnent
OP
ste~agei-s neeessa~yto eenply wi-tb the
11)3—234

-21-
1-and
di-sposal
pestpi-eti-ons of
35
1-1-IT
Adn~~
Cede 728t
and
C)
£ns~~e
that
the
tPeatnent o~stePage
~ini-ts
eo~nplywi-tb the
appl-i-eable
35
1-1-h Adw~~
Code 725 and
728 standards pendi-ng
fi-nal-
adn~i-n4stpati-ve di-spesi-ti-en
of
the.~a~ap
Foedi-fi-eati-en
Peq~estT The a~thopi-zati-onto n~akechanges eonfe~~ed
i-n
thi-s pa~ag~aph
shall
tepnii-nate ~penfi-nal- ad~ni-ni-stpati-ve
di-sposi-ti-on ef
the
pePn~i-ttee±sFna~epn3edi-fi-eati-on ~eqwest
i~nde~
Seeti-on 792~1-83~
or~
pevecati-en
of the
peFn~i-t
~inde~
Seeti-on 7@2T1-86v—
f)
For
UIC
only:
1)
Change
quantities
or
types
of
fluids
injected
~7hich
are within
the
capacity of the facility as permitted and,
in
the
judgment
of
the
Agency,
would
not
interfere with the operation
of the
facility or
its ability
to meet conditions described
in the
permit and would
not change
its classification.
2)
Change construction requirements approved by the Agency pursuant
to
35
Ill.
AM.
Code
704.182
(establishing
UIC
permit
conditions), provided that any such alteration shall
comply with
the requirements
of this Part and 35
Ill.
Adm. Code
704
and
730.
3)
Amend
a plugging
and abandonment plan which has been updated
under
35
Ill.
Adm. Code 704.181(e).
BOARD NOTE:
-See—Derived
fr~om40
CFR
144.41 —and 270T42
(1987); as anended at
52 Re4~RegT 25760; J~1-y8~1-987.
(Source:
Amended
at
13 Ill.
peg.
,
effective
103—235

-22—
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
1:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART 703
RCRA
PERMIT
PROGRAM
SUBPART A:
GENERAL PROVISIONS
Section
703.100
Scope and Relation
to Other Parts
703.101
Purpose
/03.110
References
SUBPART
B:
PROHIBITIONS
Secti on
703.120
Prohibitions
in
General
703.121
RCRA
Permits
703.122
Specific Inclusions
in Permit Program
703.123
Specific
Exclusions
from
Permit
Program
703.124
Discharges
of Hazardous
Waste
703.125
Reapplications
703.126
Initial Applications
703.127
Federal
Permits
(Repealed)
SUBPART
C:
AUTHORIZATION
BY
RULE
AND INTERIM
STATUS
Section
703.140
Purpose
and
Scope
703.141
Permits
by Rule
703.150
Application
by Existing HWM Facilities and Interim Status
Qual i fications
703.151
Application
by
New HW~1
Facilities
703.152
Amended
Part
A
Application
7.)3.l~3
Qo:l ifying
for
Interim Status
703.154
Prohi bi Lions
During
interim
Status
703.155
Changes
During
Interim
Status
703.155
Interim
Status
Standards
703.157
Grounds
for Termination
of
Interim
Status
703.158
Permits
for Less Than
an Entire Facility
703.159
Closure
by
Removal
703.160
Procedures
for Closure Determination
SUBPART
D:
APPLICATIONS
Sect
on
703.180
Applications
in General
703.181
Contents
of Part A
703.182
Contents
of
Part
B
703. 133
General
I
niormation
703.184
Facility Location Information
703.185
Groundwater Protection Information
703.186
Exposure
Information
703.187
Solid Waste ~1anagement
Units
703.188
Other
Information
703.200
Specific
Information
103—23E

-23—
703.201
Containers
703.202
Tank Systems
703.203
Surface Impoundments
703.204
Waste Piles
703.205
Incinerators
703.206
Land Treatment
703.207
Landfills
703.209
Miscellaneous Units
SUBPART
E:
SHORT TERM AND
PHASED PERMITS
Section
703.221
Emergency Permits
703.222
Incinerator Conditions Prior
to Trial Burn
703.223
Incinerator Conditions During Trial Born
703.224
Incinerator Conditions After Trial Burn
703.225
Trial
Burns
for Existing Incinerators
703.230
Land Treatment Demonstration
703.231
Research, Development
and Demonstration Permits
SUBPART
F:
PERMIT CONDITIONS
Sect i on
703.241
Establishing Permit Conditions
703.242
Noncompliance Pursuant to Emergency Permit
703.243
Monitoring
703.244
Notice
of Planned Changes
703.245
—Release
OF
94scba~geReports—Twenty—four Hour Reportlng
703.246
Reporting Requirements
703.247
Anticipated Noncompliance
SUBPART
G:
CHANGES
TO
PERMITS
Section
703.260
Transfer
703.270
Modification
703.271
Causes
for
Modification
703.272
Causes
for
Modification
or
Reissuance
703.273
Facility
Siting
703.280
Permit
Modification
at the Request
of the Permittee
703.281
Class
1 Modifications
703.282
Class
2 Modifications
703.283
Class
3 Modifications
Appendix
A Classification of Permit Modifications
AUTHORItY:
Implementing Section 22.4 and authorized
by Section
27 of
the
Environmental
Protection Act
(Ill. Rev.
Stat.
1987,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in P82—19,
53
PCB
131,
at
7
Ill.
Reg.
14289, effective
October
12,
1983; amended
in R83-24
at
8
Ill.
Reg.
206, effective December
27,
1983;
amended
in R84—9
at
9
Ill.
Reg.
11899, effective July 24,
1985; amended
in P85—22
at
10
Ill.
Reg.
1110,
effective January
2,
1987;
amended
in R85—23
at
10
Ill.
Peg.
13284,
effective July 28,
1986;
amended
in P86-i
at
10 Ill.
Peg.
14093,
effective August
12, 1986;
amended
in R86-19
at
10 Ill. Reg.
20702,
effective
December
2,
1986;
amended
in
P86-28
at
11
Ill.
Reg.
6121,
11)3—23 7

-24-
effective March
24,
1987; amended
in R86-46 at
11 Ill. Reg. 13543, effective
August 4,
1987;
amended
in P87-S
at 11
Ill.
Reg.
19383, effective November
12,
1987;
amended
in R87—26
at
12
III.
Reg.
2584, effective January
15,
1988;
amended
in R87—39 at
12
111.
Reg.
13069, effective July 29, 1988;
amended
in R88-16
at
13 Ill. Reg. 447, effective December
27,
1988;
amended
in R89—1
at
13 Ill. Reg.
,
effective
SUBPART A:
GENERAL PROVISIONS
Section
703.100
Scope
and Relation to Other Parts
a)
This Part requires RCRA permits,
pursuant to Section 21(f)
of the
Environmental Protection Act,
for hazardous waste management
(HWM)
facilities,
which may include
one or more treatment,
storage
or
disposal
(TSD)
units.
This Part also contains specific
rules
on
applications for and
issuance of RCRA permits;
b)
35
ill.
Adm. Code 702 contains
general
provisions
on
applications
for
and issuance of RCRA
permits.
35
Ill.
Adm.
Code
705 contains
procedures
to
be followed
by the Illinois Environmental
Protection
Agency
(Agency)
in
issuing
RCRA
permits;
c)
The definitions
of
35
Ill.
Adm.
Code
702.110 apply
to this Part.
35
Ill.
Adm.
Code
720 contains definitions
applicable to the RCRA
operating
standards,
and
35
Ill.
Adm. Code 721 defines
“solid waste”
and “hazardous waste”;
d)
The standards of
35
Ill.
Adm.
Code
724
and
725
apply
to
HWM
facilities
required to
have RCRA permits.
35
Ill.
Adm.
Code
722
and
723
contain standards applicable to generators
of hazardous waste.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
S~J0)A~T
D
:
APPL
I CATI
0’~S
Section
703.183
General
Information
The
following information
is
required in the Part B application
for
all
HWM
facilities,
except
as
35 Ill.
Adm. Code 724.101 provides
otherwise:
a)
A general
description of
the facility;
b)
Chemical
and physical analyses of the hazardous wastes
to
be handled
at
the
facility.
At
a
minimum,
these
analyses
—shal-l-—must
contain
all
the information which must
be known
to treat,
store
or dispose
of
the wastes properly in accordance with
35
Ill.
Adm. Code
724;
c)
A copy of the waste analysis plan
req~iiredby
35
111.
Adm. Code
724.113(b)
and,
if applicable,
35
Ill.
Adm. Code
724.113(c);
d)
A description
of the security procedures
and equipment required
by
35
Ill.
Adm. Code 724.114,
or
a justification demonstrating the reasons
for
requesting
a
waiver
of this requirement;
103—23~

—2S—
e)
A copy of the general
inspection schedule required by
35 Ill. Adm.
Code 724.115(b);
include where applicable,
as part of the inspection
schedule,
specific requirements
in
35 Ill. Adm. Code
724.274,
—724T293i-)r
724T295;—724.294, 724.326, 724.354, 724.373, —and
—724.403 and 724.702
f)
A justification of any request
for
a waiver
of the preparedness and
prevention requirements
of 35
Ill. Adm. Code 724.Subpart C;
g)
A copy of the contingency plan required by
35 Ill. Adm. Code
724.Subpart D;
BOARD NOTE:
Include, where applicable,
as part of the contingency
plan,
specific requirements
in
35 Ill.
Adm.. Code 724.327 and
724.355.
35
Ill.
Adm.
Code
724.355
has
not
yet
been
adopted.
h)
A description
of procedures,
structures
or equipment used
at
the
facility to:
1)
Prevent hazards
in
unloading operations
(for example, ramps,
special
forklifts);
2)
Prevent
runoff
from hazardous waste handling areas
to other
areas
of the facility or environment,
or
to prevent flooding
(for example,
berms, dikes, trenches);
3)
Prevent
contamination of water supplies;
4)
Mitigate effects
of equipment failure
and power
outages;
and
5)
Prevent
undue
exposure
of
personnel
to
hazardous
wastE
(for
example, protective clothing);
i)
A description
of precautions
to prevent
accidental
ignition
or
reaction
of
ignitable,
reactive
or
incompatible wastes
as
required
to
demonstrate compliance with
35
Ill. Adm.
Code 724.117 including
documentation
demonstrating
compliance
with
35
ill.
Adm. Code
724.117(c);
j)
Traffic pattern, estimated volume
(number,
types
of vehicles) and
control
(for example, show turns
across
traffic lanes
and stacking
lanes
(if appropriate); describe access
road surfacing and load
bearing capacity; show traffic control
signals);
k)
Facility location information as
required by Section
703.184;
I)
An
outline
of both the introductory
and continuing training programs
by owners
or operators
to prepare persons
to operate
or maintain the
HWM
facility
in
a safe manner
as
required
to demonstrate compliance
with
35 Ill.
Adm. Code 724.116.
A brief description
of how training
will
be designed to meet
actual
job tasks
in
accordance with
requirements
in
35
Ill.
Adm. Code 724.116(a)(3);
m)
A copy
of the closure plan and, where applicable,
the post-closure
103—239

-26-
plan required by
35 Ill. Adm. Code 724.212—i—and 724.218— and
724T297—.
Include where applicable, as
part of the plans, specific
requirements
in
35 Ill. Adm. Code 724.278, 724.297,
724.328, 724.358,
724.380, 724.410, -and —724.451
724.701 and 724.703
n)
For hazardous waste disposal
units
that have been closed,
documentation
that notices required under
35 Ill. Adm Code 724.219
have been filed;
o)
The most recent
closure cost estimate
for the facility prepared
in
accordance with
35
ill. Adm. Code 724.242 and
a copy of the
documentation required to demonstrate
financial
assurance under
35
Ill.
Adm. Code
724.243.
For
a
new facility,
a copy of
the required
documentation may be
submitted
60
days prior
to the
intitial
receipt
of hazardous wastes,
if
it
is
later than the submission
of the Part
B;
p)
Where applicable,
the most recent post-closure cost estimate
for
the
facility
prepared
in
accordance
with
35 Iii.
Adm.
Code
724.244
plus
a
copy
of
the
documentation
required
to
demonstrate
financial
assurance
under
35
Ill. Adm. Code
724.245;
For
a
new facility,
a
copy of
the
required documentation may be submitted 60 days prior
to the
intitial
receipt
of hazardous wastes,
if
it
is
later
than
the
submission
of
the
Part
8;
q)
Where
applicable,
a copy of
the insurance policy
or other
documentation which comprises compliance with
the requirements
of
35
Ill.
Adm.
Code
724.247.
For
a
new
facility, documentation showing
the
amount
of
insurance
meeting
the specification
of
35 Ill.
Adni.
Code
724.247(a)
and,
if
applicable,
35
Ill.
Adm.
Code
724.247(b),
that
the
owner
or
operator plans
to have
in
effect before
initial
receipt
of hazardous waste
for treatment,
storage
or disposal.
A
request for
an alternative
level
of
requi
red
coverage,
for
a
new
or
existing
faci
1 ity, nay be
subli
tted as
sped
lied
in
35
111.
Adu.
Coda
724.247(c);
s)
A topographic map
showing
a
distance
of
1000
feet
around
the
facility
at
a
scale
of
2.5 centimeters
(1
inch)
equal
to
not
more
than
61.0
meters
(200
feet).
Contours
must
be shown
on the map.
The
contour
interval
must
be
sufficient
to clearly
show the pattern
of surface
water
flow
in
the vicinity of and from each operational
unit of the
facility.
For
example,
contours with
an interval
of
1.5 meters
(5
feet),
if
relief
is
greater than
6.1 meters
(20
feet),
or
an
interval
of
0.6
meters
(2
feet),
if
relief
is
less
than
6.1
meters
(20
feet).
Owners
and
operators
of
HWM facilities
located
in mountainous
areas —she~ld—shall use
larger contour intervals
to adequately
show
topographic
profi les
of
facilities.
The map
—shall-—must clearly show
the following:
1)
Map scale
and date;
2)
100—year floodplain
area;
3)
Surface
waters
including
intermittent
streams;
11)3—2
L~
1)

-27-
4)
Surrounding land uses
(residential, commercial, agricultural,
recreational);
5)
A wind rose (i.e.,
prevailing windspeed and direction);
6)
Orientation
of the map (north arrow);
7)
Legal
boundaries
of
the HWM facility
site;
8)
Access
control
(fences, gates);
9)
Injection and withdrawal
wells both on—site and Qff—site;
10)
Buildings;
treatment,
storage or disposal
operations;
or other
structures
(recreation areas,
runoff
control
systems,
access
and
internal
roads,
storm,
sanitary
and
process
sewage
systems,
loading and unloading areas,
fire control
facilities,
etc.);
11)
Barriers for drainage or flood control;
12)
Location of operational
units within the HWM facili.ty site,
where hazardous waste
is
(or will
be) treated,
stored or
disposed
(include
equipment
cleanup
areas);
BOARD NOTE:
For
large
HWM
facilities,
the Agency
—wi-I-I-—shall
allow
the
use
of
other scales
on
a case by case basis.
t)
Applicants —n~aybe ~eq~i-~ed
to—shall
submit such information as —may
be
necessary
to
enabl-e
—the
Agency determines
is
necessary for
it
to
determine
whether
to
issue
a permit
—sho~1-dbe
4-ssiied— and what
conditions
to
impose
in
any permit
issued.
u)
For
land
disposal
facilities,
if
a
case—by—case
extension
has
been
approved
under
35
Iii.
Adm.
Code
728.105,
or
if
a
petition
has
been
approved
under
35
ill.
Adm.
Code
728.106,
a
copy
of
the
notice
of
approval
of
the
extension
or
of
approval
of
the
petition
is
required.
BOARD
NOTE:
-See
40
G~R270TI4~b)4l986~ as
amended
at
51
~edT
Reg~
25471; ~h~ly
1-4; 1986w
and at
51 ~edTReg~4@635~4evei~beph 19864—
Derived from 40 CFR 270.14(b)
(1988)
(Source:
Amended
at
13
Ill.
Peg.
,
effective
Section
703.184
Facility Location Information
a)
In
order
to
show compliance with the facility location requirements
of
Section
—21)k)—21(l
)
of
the
Environmental
Protection
Act,
the
owner
or
operator -~n~st—shallinclude
the following information,
or
a
demonstration that Section -21)k—21(l
)
does
not apply:
1)
Location
of
any active
or
inactive
shaft
or tunneled mine below
the
facility;
103—241

-28-
2)
Location of any active
faults
in the earth’s crust within
2
miles
of the facility boundary;
3)
Location of existing private wells
or existing sources
of
a
public water supply within 1000 feet of any disposal unit
boundary;
4)
Location of th& corporate boundaries
of any municipalities
within
one and one—half miles of the facility boundary;
BOARD NOTE:
—PaFagFaphs—Subsections
(a)(1),
(a)(2),
(a)(3)
and
(a)(4)
request information necessary to allow the Agency
to
determine
the
applicability
of
Section
21(—k)—l)
of
the
Environmental
Protection
Act
requirements.
These provisions
are
not
intended to modify the
requirements
of the Act.
For
example,
the
operator
is required to give the location of wells
on
its own
property, even though the Agency might find that
these do
not prohibit the
site location.
5)
Documentation showing approval
of municipalities
if
such
approval
is
required by Section —2I~k)—21(l) of the
Environmental
Protection
Act;
c)
Owners and operators of
all
facilities shall
provide an
identification
of
whether
the
facility
is
located within
a
100—year
floodplain.
This identification must indicate
the source
of data for
such determination and include
a copy of the relevant —~ede~al
I-ns~i~anceAd~n4-ni-st~ati-en
~1-A)—
flood map pj~oducedby the Federal
Emergency Management Agency, National Flood Insurance Program
(NFIP),
if
used,
or the
calculations
and
maps
used
where
a
—FI-A—NFIP
map
is
not
available.
Information -shall--must also be provided identifying
the 100-year flood
level
and
any other
special flooding factors
(e.g.,
wave
action)
which
must
be considered
in designing,
constructing,
operating
or
naintai
fling
the
facility
to
withstand
washout
from
a
100-year
flood;
BOARD
NOTE:
NFIP maps
are available as follows:
Flood
Map
Distribution Center, National Flood Insurance Program,
Federal
Emergency Management Agency, 6930
(A-F) San Tomas Road,
Baltimore,
MD
21227—6227.
800/638—6620;
and, Illinois Floodplain Information
Depository,
State
Water Survey,
514
WSRC, University
of Illinois,
Urbana,
IL
61801.
217/333-0447.
BOARD
NOTE:
Where NFIP maps —foe the
F4ati-ona1- ~1-oed
I-ns~~anee
PFo~Pa~
p~ed~ced
by the ~ede~al1-ns~~anee
Adn~i-n4st~ati-on~-R1-A)
of the
RedeFal
~e~geney
Managen~entAgency
—are
available,
they will
normally be determinative
of whether
a
facility
is
located within
or
outside
of
the
100-year
flood
plain.
However,
where
the
-FI-A—NFIP
map
excludes
an
area
(usually
areas
of
the
floodplain
less
than
200
feet in width),
these
areas
must
be considered
and
a determination
made
as to whether they are
in the 100-year floodplain.
Where —Fl-A-
NFIP maps
are not available for a proposed facility location,
the
owner
or operator —n~st—shall use equivalent mapping techniques
to
determine whether the facility
is within the 100-year floodplain,
and
103—242

-29—
if
so located,
what the
100-year flood elevation -we~4dbe—is.
BOARD NOTE:
Derived from 40 CFR 270.14(b)(11)(iii)
(1988).
d)
Owners and operators of facilities located
in the JOO—year floodplain
—~ist—shall provide the following information:
1)
Engineering analysis to
indicate the various
hydrodynamic and
hydrostatic
forces expected to
result
at the site as a
consequence
of
a 100-year flood;
2)
Structural
or other engineering studies
showing
the
design of
operational
units
(e.g.,
tanks, incinerators)
and flood
protection devices
(e.g., floodwalls,
dikes)
at the facility and
how
these
will
prevent
washout;
3)
If
applicable, and
in
lieu
of -pa~a~~aphs—subsections
(d)(1)
and
(d)(2) above,
a detailed description
of procedures
to
be
followed to
remove
hazardous waste to
safety before the facility
is
flooded,
including:
A)
Timing
of
such movement relative
to flood
levels,, including
estimated time to move the waste,
to show that su~
movement can
be completed before
floodwaters
reach the
facility;
B)
A description
of the location—4s~—stowhich the waste will
be moved
and demonstration that those
facilities will
be
eligible
to
recei ye
hazardous
waste
in ~accordance
with —the
FegHlati-ens
~ndeF —35
Ill.
Adm.
Code
702,
703,
724
and
725;
C)
The planned
procedures,
equipment and
personnel
to
be used
and
the means
to ensure
that such resources will
be
available
in
time for
use;
0)
The
potential
for
accidental
discharges
of
the waste during
movement;
BOARD NOTE:
Derived from 40 CFR 270.14(b)(11)(iv)
(1988).
e)
—E—Owners and
operators of existing facilities
not
in compliance with
35
111.
Adni.
Code 724.118(b)
shall
provide
a plan showing how the
facility will
be brought
into compliance and.a schedule for
compliance.
Such
-faei-li-ti-es
should
—owners
and
operators
shall
file
a concurrent variance petition with the Board;
BOARD
NOTE:
Derived
from
40
CFR
27O.14(b)(11)(v)
(1988).
f)
Owners
or operators
of new regional
pollution control
facilities,
as
defined
in
Section
3
of
the
Environmental
Protection
Act,
—~st—shall
provide documentation showing site location suitability from the
county board
or other governing body as provided by Section
39(c)
and
39.2 of that Act.
103—243

-30-
(Source:
Amended
at
13 Ill. Peg.
,
effective
Section
703.209
Miscellaneous Units
Except
as otherwise provided
in
35
Ill.
Adm. Code 724.700,-owners and
operators of
facilities that treat,
store
or dispose
of hazardous waste
in
miscellaneous
units
shall
provide the following additional
information
in the
Part
B application:
a)
A detailed description
of
the unit being used or
proposed for use,
including
the
following:
1)
Physical
characteristics, materials of construction and
dimensions
of the unit
2)
Detailed
plans
and
engineering
reports
describing
how
the
unit
will
be located,
designed, constructed,
operated, maintained,
monitored,
inspected
and closed
to comply with the requirements
of
35
Ill.
Adm. Code
724.701
and
724.702;
and
3)
For disposal
units,
a detailed description of the
plans to
comply
with
the
post-closure requirements
of
35
Ill.
Adm. Code
7 24.703.
~J
Detailed hydrologic,
geologic and meteorologic assessments
and
land—
use
maps
for
the region surrounding
the
site that
address
and ensure
compliance
of the unit with each factor
in the environmental
performance standards of
35
Iii.
Adm. Code 724.701.
Preliminary
hydrologic, geologic
and meteorologic assessments
will
suffice,
unless the Agency notifies the applicant that,
based
on
the
preliminary assessments,
the unit will
not
conform with
the
environmental performance
standards
of 35
Iii. Adm. Code 724.701.
The
Agency
shall
follow
the
procedures
for
incomplete
applications
in
35
111
.
Adn.
Ccd~
705.12?.
c)
Information
on
the
potential
pathways
of
exposure
of
humans
or
environmental
receptors
to
nazardous
waste
or
hazardous
constituents
and
on
the
potential
magnitude
and
nature
of such exposures.
~J
For
any
treatment
unit,
a
report
on
a
demonstration
of
the
effectiveness
of
the
treatment
based
on
laboratory
or
field data.
e)
Any additional
information which
the Agency determines
is necessary
for
evaluation
of
compliance
of
the
unit
with
the
environmental
performance
standards of
35
Ill.
Adm. Code 724.701.
BOARD
NOTE:
Derived
from
40
CFR
270.23
(1988).
(Source:
Added
at
13
Ill.
Peg.
,
effective
SUBPART
E:
SHORT
TERM
AND
PHASED
PERMITS
Section
703.222
Incinerator Conditions Prior
to Trial
Burn
103— 244

-31-
For the purposes of determining operational
readiness following completion of
physical construction, the Agency —~st—shallestablish permit
conditions,
including but
not limited
to allowable waste feeds
and operating conditions,
in the
permit to
a new hazardous waste incinerator.
These
permit conditions
will
be effective for the minimum time required to bring the incinerator to a
point
of operational
readiness sufficient to conduct
a trial
burn, not to
exceed 720 hours operating time for treatment of
hazardous waste.
The Agency
—n~ay—shall extend the duration of this operation period once,
for
up
to
720
additional
hours,
at the
request
of the applicant when good cause
is shown.
The permit
—say-must
be modified to reflect the extension according to
—35
I-lIT Ad~nTCede 702T187 4MfAeF ~ned~4-eati-ons
ef pe~rn4-ts~-—Section703.280.
a)
Applicants —n~st—shall submit
a statement,
with Part B of the permit
application, which
suggests
the conditions necessary to operate
in
compliance
with
the
performance standards
of
35
Ill.
Adm. Code
724.443 during this period.
This statement
-sheblld--must include,
at
a
minimum,
restrictions
on waste constituents, waste
feed rates and
the operating parameters identified
in
35
Ill.
Adm. Code 724.445;
b)
The Agency
—wi-I-I-—shall
review this statement
and any other relevant
information submitted with Part B of
the permit
application
and
specify
requirements
for
this
period
sufficient
to
meet? the
performance
standards of
35 Ill. Adm. Code 724.443
based on
engineering judgment.
—~Boa~d
~4ete~
See
49
GFR 122~274b~l~4-BOARD
NOTE:
Derived from 40
CFR
270.62(a)
(1988),
as amended
at
53 Fed. Peg.
37934,
September
28,
1988.
(Source:
Amended
at
13
Ill. Peg.
,
effective
Section
703.223
Incinerator Conditions During Trial
Burn
For
the
purposes
of
determining
feasibility
of
compliance
with
the
performance
standards
of
35
Ill.
Adm.
Code 724.443 and
of
determining
adequate
operating
conditions
under
35
Ill.
Adm.
Code
724.445,
the Agency —~st—shallestablish
conditions
in the permit
to
a
new
hazardous waste incinerator
to
be
effective
during the trial
burn.
a)
Applicants —~st—shallpropose
a trial
burn
plan,
prepared under
—paFag~a~h—subsection(b) with Part 8
of the permit application;
b)
The trial
burn plan must include the following information:
1)
An
analysis of each waste
or mixture
of wastes
to
be burned
which
includes:
A)
Heat
value
of
the
waste
in
the form and
composition
in
which
it will
be burned;
B)
Viscosity
(if applicable),
or
description
of physical
form
of the waste;
C)
An identification of any hazardous organic constituents
103—245

—32-
listed
in
35 Ill. Adm. Code 721—~—.AppendixH, which
are
present
in the waste to be burned,
except that
the
applicant need not analyze for constituents listed
in
Appendix H which would reasonably not be expected
to
be
found
in
the
waste.
The
constituents
excluded
from
analysis must
be identified,
and the basis
for their
exclusion stated.
The waste analysis must
rely on
analytical
techniques specified in
“Test Methods
for the
Evaluation of Solid Waste,
Physical/Chemical Methods”
(incorporated by
reference, see Section 703.110),
or their
equivalent;
0)
An
approximate quantification of the hazardous constituents
identified
in
the waste, within the precision produced
by
the analytical
methods specified
in
“Test Methods for the
Evaluation
of Solid Waste,
Physical/Chemical Methods,”
(incorporated
by
reference,
see
Section
703.110)
or
their
equivalent;
2)
A
detailed
engineering
description
of
the
incinerator
for
which
the
permit
is sought including:
A)
Manufacturer’s
name
and model
number of incinerator
(if
available);
B)
Type
of
incinerator;
C)
Linear dimensions
of
the incinerator unit including the
cross
sectional
area of combustion chamber;
D)
Description
of the auxiliary fuel
system
(type/feed);
E)
Capacity of prime mover;
F)
Description
of
automatic waste feed cut—off
system(s);
0)
Stack
gas
monitoring
and
pollution control
equipment;
H)
Nozzle
and
burner
design;
I)
Construction materials;
J)
Location
and description
of temperature,
pressure
and flow
indicating
and control
devices;
3)
A detailed description
of sampling
and monitoring procedures,
including sampling and monitoring locations
in the
system,
the
eq~ipaent to
be used,
sampling
and
monitoring frequency and
planned
analytical
procedures
for
sample
analysis;
4)
A
detailed
test
schedule for each waste for which
the
trial
burn
is
planned including date(s), duration, quantity
of waste
to
be
burned and other factors
relevant to the Agency’s decision under
—paFagFaph—subsection
(e);
103—246

—33-
5)
A detailed test protocol, including,
for each waste identified,
the
ranges
of temperature, waste feed rate, combustion
gas
velocity, use of
auxiliary fuel
and
any other relevant
parameters that will
be varied to affect the destruction
and
removal efficiency of the
incinerator;
6)
A description of,
and planned operating conditions
for,
any
emission control equipment which will
be
used;
7)
P’~oceduresfor
rapidly stopping waste feed,
shutting down the
incinerator and controlling emissions
in
the event
of
an
equipment malfunction;
8)
Such other information
as
the Agency
reasonably
finds
necessary
to determine whether
to approve
the trial
burn plan
in
light
of
the
purposes
of this paragraph and the criteria
in —pa~ag~a~h-
subsection
(e).
Such
information must be
requested by
the
Agency pursuant
to
35
Ill.
Adm.
Code
705.123;
c)
The Agency,
in
reviewing the trial
burn plan,
shall
evaluate the
sufficiency
of
the inforitta~ion provided and
—may—shall
require the
applicant,
pursuant to
35 Ill.
Adm. .Code
705.123, to
supplement this
information,
if necessary,
to achieve
the purposes
of this paragraph;
d)
Based
on
the
waste
a.nalysis
data
in
the
trial
burn
plan,
the ~kgency
—wi-Il-—shall
specify
as
trial
P~rincipal
Orgai~icHazardáus Constituents
(POHCs),
those constituents
for which destruction
and
removal
efficiencies
must
be
calculated
during
the
trial
burn.
These trial
POHCs
-wi-Il--must
be
specified by the Agency based
on
its estimate of
the
difficulty
of
incineration
of
the
constituents
identified
in
the
waste
analysis,
their
concentration
or
mass
in
the
waste
feed,
and,
for wastes
listed
in
35
Ill.
Adm.
Code
721-;
—.Subpart
D,
the
hazardous
waste
organic
constituent
of
constituents
identified
in
35
Ill.
Adm.
Code
121.Appendix
C
or
H
—ef
that Pa~~
—as
the
basis
for
listing;
e)
The
Agency
shall
approve
a
trial
burn
plan
if
it
finds
that:
1)
The
trial
burn
is
likely
to
determine
whether
the
incinerator
performance standard required by
35
Ill. Adm. Code 724.443 can
be met;
2)
The
trial
burn
itself
will
not
pres.ent
an
imminent
hazar~dto
human health
or the environment;
3)
The trial
burn will
help the Agency
to determine operating
requirements
to
be
specified under
35 Ill. Adm. Code 724.445;
and
4)
The information sought
in -~a~ag~aph—subsection
(e)(1)
and
(e)(3) cannot
reasonably
be developed through other means;
f)
During each approved trial
burn
(or as soon
after the burn
as
is
103—24 7

-34-
practicable), the applicant —~st—shallmake the following
determinations:
1)
A quantitative analysis of the trial
POHCs,
in the waste feed
to the
incinerator;
2)
A quantitative analysis of the exhaust gas for the concentration
and mass emissions of the trial
POHC’s, molecular oxygen
and
hydrogen chloride
(HCI);
3)
A quantitative analysis
of the scrubber water
(if any),
ash
residues
and other residues,
for the purpose
of estimating the
fate of the trial
POHC5;
4)
A computation
of destruction
and removal efficiency
(ORE),
in
accordance with the DRE formula specified
in
35 Ill. Adm. Code
724.443(a);
5)
If
the
HC1
(hydrogen
chloride) emission rate exceeds
1.8
kilograms
of
HC1
per
hour
(4
pounds
per
hour),
a
computation of
HC1
removal
efficiency
in
accordance with
35
Ill.
Adm.
Code
724.443(b);
6)
A
computation
of
particulate
emissions,
in accordance with
35
Ill.
Adm.
Code
724.443(c);
7)
An
identification
of
sources
of fugitive emissions and their
means
of
control
8)
A measurement
of
average, maximum and minimum temperatures and
combustion gas
velocity;
9)
A
continuous
measurement
of
carbon
monoxide
(CU)
in
the
exhaust
10)
Such
otner
information
as
the
Agency
—may
s~eei-fy—specifies as
necessary
to
ensure
that
the
trial
burn
will
determine
compliance with the performance
standards
in
35
II.
Adm. Code
724.443 and to establish the operating conditions required by
35
Ill. Adm.
Code 724.445
as
necessary to meet that performance
standard.
g)
The
applicant —~st-shallsubmit
to the Agency
a certification that
the
trial
burn
has
been
carried
out
in
accordance with the approved
trial
burn plan, and —n~st—shall submit
the results
of
all
the
determinations required
in -paFa~Faph—subsection (f).
This
submission
—shall—must
be
made
within
90
days
of
completion
of
the
trial
burn,
or
later
if approved by
the Agency;
h)
All
data
collected
during
any
trial
burn
must
be
submitted
to
the
Agency following the completion
of the trial
burn;
i)
All
submissions
required
by
this paragraph must
be certified on
behalf
of
the
appl icant
by
the
signature
of
a
person
authorized
to
11)3—248

-35—
sign
a
permit
application
or
a
report
under
35
Ill.
Adm.
Code
702.126;
j)
Based
on the
results
of the trial
burn, the Agency
shall
set the
operating requirements
in the final
permit
according to
35 Ill. Adm.
Code 724.445.
The permit modification
-shall—must proceed as
a minor
modification
according to —35
I-lIT
Ad~1Cede ~02TI-87—Section
703.280.
—Bea~d ~4ote-~-
See
40 GFR 122v27~b~2~4—B0ARD
NOTE:
Derived from 40
CFR 270.62(a)
(1988),
as amended
at
53 Fed. Reg.
37934, September 28,
1988.
(Source:
Amended
at
13 Ill. Peg.
,
effective
Section
703.230
Land
Treatment
Demonstration
a)
For
the
purpose
of
allowing
an
owner or operator to meet the
treatment
demonstration
requirements
of
35
Ill.
Adm.
Code
724.372,
the
Agency
may
issue
a treatment demonstration permit.
The
permit
must
contain
only
those
requirements
necessary
to
meet
the
standards
in
35
Ill.
Adm.
Code
724.372(c).
The permit —may-must be issued
either as
a treatment
or disposal
permit covering only
the field
test
or
laboratory
analyses,
or
as
a
two
phase
facility permit covering
the
field tests,
or
laboratory analyses
and design, construction,
operation
and
maintenance
of
the
land
treatment
unit—i—.
1)
The
Agency
—may—shall
issue
a
two-phase facility permit
if
it
fi~idsthat,
based
on
inform~tionsubmitted
in
Part
B
of
the
application,
substantial, although incomplete
or inconclusive,
information already exists
upon which
to base the issuance of
a
facility
permit;
2)
If the Agency finds that not
enough information exists
upon
which
it
can establish permit conditions
to
attempt
to
provide
for compliance
with
all
of
the
requi remerits
of
35
Ill
.
Ad~i.
Code
724;
—.Subpart
N,
it
—~est—shall issue
a
treatment
demonstration
permit
covering
only
the
field
test
or
laboratory
analyses;
b)
If
the
Agency
finds
that
a
phased
permit
-may—is
to
be issued,
it
—wi-i-I-—shall
establish,
as
requirements
in
the first
phase
of the
facility permit, conditions for conducting the field tests
or
laboratory analyses.
These permit conditions
—wi-Il-—must
include
design
and operating parameters
(i~ftludingthe duration of the
tests
or analyses
and,
in the case of field
tests,
the horizontal
and
vertical
dimensions
of the treatment zone), monitoring procedures,
post demonstration cleanup activities and any other conditions which
the
Agency
finds
—may
be —necessary under
35
Ill.
Adm. Code
724.372(c).
The
Agency
—wi-I-i-—shall
include
conditions
in
the
second
phase
of the facility permit
to attempt
to meet
all
35
Ill.
Adm. Code
724~—.Subpart N
requirements pertaining to unit design,
construction,
operation and maintenance.
The Agency
—wi-Il—shall
establish these conditions
in the second phase
of
the permit
based
upon the
substantial
but
incomplete
or inconclusive
information
103—249

-36-
contained
in the Part B application:
1)
The first
phase of the permit
—wi-Il be—becomes effective as
provided in
35 Ill.
Adm. Code 705.201(d);
2)
The
second
phase
of the permit
—wi-li- be—becomes effective
as
provided in —paFagFaph—subsection
(d);
c)
When the owner
or operator who has been issued
a two-phase
perrifit has
completed the treatment demonstration,
it —~st—shallsubmit
to the
Agency a certification,
signed
by
a person authorized
to sign a
permit
application
or report under
35 Ill. Adm. Code 702.126,
that
the
field tests
or
laboratory analyses have been carried out in
accordance with
the conditions specified
in phase
one of the permit
for conducting such tests
or
analyses.
The owner
or operator —~st-
shall
also submit
all data
collected
during
the
field
tests
or
laboratory
analyses
within
90 days of completion
of those tests
or
analyses unless
the Agency approves
a
later date;
d)
if the Agency determines that
the results
of the field
tests
or
laboratory analyses meet the requirements
of
35 Ill. Adm.
Code
724.372,
it
—wi-I-I—shall modify the second phase
of the permit
to
incorporate
any requirements necessary
for operation of the facility
in compliance with
35
ill.
Adm. Code 724-;
—.Subpart
M,
based upon
the
results
of
the
field
tests
or
laboratory
analyses.
1)
This
permit
modification
may
proceed
as
a
minor
modification
under —35
1-111
AdR1- Code ~02Tl87;p~evi-deda~ys~ehehan~e i-s
Ri-ROF;
e~
othe~wi-sewi-Il pFoeeed
as
a
r~e~i-fi-eati-en
~IRdeF
35
I-I-h
Adi~i1 Code 792TI-844-b4i--Section
703.280,
or otherwise must
proceed
as
a
modification
under
Section
703.271(b).
If
such
modifications
are
necessary,
the
second phase
of the permit
becomes
effective
only
after
those
modifications have been made.
2)
if
no
modi
H
cations
of
tue
second
phase
of
the
permit
are
necessary,
or
if only minor modifications
are necessary and
have
been
made,
tue
Agency
—w4-ll-—shail
give
notice
of
its
final
decision to the permit applicant and
to each person who
submitted written
comments
on the phased
permit
or who requested
notice
of
final
decision on the
second phase
of the permit.
The
second
phase
of the permit
then
—wi-11
—becomes effective as
specified
in
35 111.
Adm.. Code 705.2O1(d)—t-.
I-f
~o~i-fi-eati-on& ~deF
35
I-lh
~
code 792Tl84~b~a~e
neeessa~y~
the
second
phase
of
the
peF~i-twi-ll
beeoRle
effeeti-ve
enl-y
afteF these
~edi-~eati-ens
have
beeo
~ade~—
-4ea~d~4ete+See
49 G~122T27-44—B3ARD
NOTE:
Derived
from
40 CFR
270.63
(1988),
as amended
at
53 Fed.
Reg.
37934,
September
28,
1988.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
SUBPART
F:
PERMIT
CONDITIONS
103—2 51)

—37—
Section 703.247
Anticipated Noncompliance
In addition to 35
Ill.
Adm. Code 702.152(b),
for
a new facility, the permittee
shall
not treat,
store
or dispose
of hazardous waste;
and for
a facility being
modified, the permittee
shall
not treat,
store
or dispose of hazardous waste
in the modified portion
of the facility,
except
as
provided
in Section
703.280,
until:
a)
The permittee
has submitted to the Agency by certified mail
or hand
delivery
a
letter signed
by the .permittee
and
a
registered
professional
engineer stating that the
facility has been ‘constructed
or modified
in compliance with the permit;
and
b)
Either:
1)
The
Agency
has inspected the modified or newly
constructed
facility and finds
it
is
in compliance with the conditions
of
the
permit;
or
2)
Within
15 days after the date
of submission
of the letter
in
subsection
(a),
the
permittee
has
not
received
notice
from
the
Agency
oT
its
intent
to
inspect,
the
permittee
may
comence
trea’tment, storage or disposal
of hazardous waste.
BOARD NOTE:
Derived
from 40 CFR 27O.3O(l)(2)
(1988),
as amended
at
53
Fed.
Reg.
37934,
September
2~,1988.
(Source:
Added
at 13~Ill.Peg.
,
effective
SUBPART
G:
CHANGES
TO PERMITS
Section
703.260
Transfer
a)
A
permit
may
be
transferred by the permittee to
a new owner
or
operator
only
if
the
permit
has
been modified or reissued
(under
subsection
(b)
or
Section
703.272) to
identify the new permittee and
incorporate such other requirements
as are necessary under the
appropriate Act.
The new owner
or operator to
whom
the
permit
is
transfe_rred shall
comply with
all
the terms
and
conditions specified
in
such permit.
~J
Changes
in the ownership or o~erational control
of
a ~ciJitymust be
made
as
a tlas~
1
modification
with the
prior written approval
of
the
Agency
in accordance with Section
703.281.
The
new
owner
or
operator
shall
submit
a revised permit
application
no later
than
90 days prior
to the scheduled change.
A written agreement containing
a specific
date
for
transfer
of
permit
responsibility
between
the
current
and
new
permittees
must also be submitted to the Agency.
When
a transfer
of ownership or operational
control
occurs, the old owner
or operator
shall
comply with the requirements
of
35
Ill. Adm. Code 724.Subpart H
(Financial Requirements),
until
the new owner
or operator has
demonstrated compliance with
that Subpart.
The new owner
or operator
shall
demonstrate compliance with that Subpart within
six months
103—25 1

-38-
after the date of change of
operational
control
of the facility.
j~pc~
demonstration to
the Agency by the new owner
or operator of
compliance with that Subpart,
the Agency
shall
notify the old owner
or operator that the old owner
or operator no longer needs
to
comply
with that Subpart
as
of the date of demonstration~
BOARD NOTE:
Derived from 40 CFR 270.40,
as amended
at
53 Fed.
Reg.
37934, September 28,
1988.
BOARD NOTE:
The new operator may be
required to employ
a chief
operator
who
is certified pursuant t~35
111.
Adm. Code
745.
(Source:
Added
at
13
Ill.
Reg.
,
effective
Section
703.270
Modification
When the Agency receives any information
(for example,
inspects the facility,
receives information
submitted by the permittee
as
required
in
the permit
(See
35
Ill. Adm. Code 702.140 through 702.152 and Section 703.241
et seq.),
receives
a
request
for
reissuance
under
35
Ill.
Adm.
Code
705.128
or
conducts
a review of the permit
file)
it may determine whether or
not
one or more of
the
causes,
listed
in Sections 703.271
or
703.272,
for modification,
reissuance
or both,
exist.
If cause exists,
the Agency shall
modify
or
reissue
the permit
accordingly,
subject
to the limitations
of Section 703.273,
and may
request
an updated application
if necessary.
When
a permit
is
modified, only the conditions
subject
to modification
are reopened.
if
a
permit
is
reissued,
the
entire
permit
is
reopened
and
subject
to
revision
and
the permit
is
reissued for a new term.
(See
35
Ill.
Adm. Code
705.128(c)(2))
If cause does not exist under Section 703.271
or
703.272,
the
Agency
shall
not modify
or
reissue the permit,
except
on the
request
of the
permittee.
If
a
permit modification
is
requested by
the permittee, the Agency
shall
approve
or deny the
request according to the procedures
of Section
7P3.280
et
seq.
Otherwise,adrafp~~i~must
be
prepared and other
~0uceduresin
35
111.
Adm. Code
705
followed.
BOARD
NOTE:
Derived from the preamble to
40
CFR
270.41,
as
amended
at
53 Fed.
Peg. 37934,
September
28,
1988.
(Source:
Added
at
13
Ill.
Peg.
,
effective
Section
703.271
Causes for Modification
The following are cause
for modification, but
not
reissuance,
of permits;
the
following
are cause
for reissuance as well
as modification when
the permitee
requests
or agrees:
a)
Alterations.
There are material
and substantial
alterations
or
additions
to
tue permitted facility
or activity which occurred after
permit
issuance which
justify the application of permit
conditions
that are different
or absent
in
the existing permit.
b)
Information.
The Agency has
received information.
Permits will
be
modified during their terms
for this cause only if the information
was
not available at the time of permit
issuance
(other than revised
103—252

—39-
regulations, guidance or test methods) and would have justified the
application of different permit
conditions
at the
time of
issuance.
~j
New statutory requirements or regulations.
The standards or
regulations on which the
permit was based have been changed
by
statute, through promulgation
of new or amended standards or
regulations or
by judicial decision after the permit was
issued.
~J
Compliance schedules.
The Agency determines good cause exists for
modification
of
a compliance
schedule, such
as
an
act
of God, strike,
flood
or materials shortage or other events
over which the pQrmittee
has
little
or
no control
and for which thereis no
reasonably
available remedy.
~J
The Agency shall
also modify
a permit:
1)
When modification
of
a closure
plan
is
required
under
35
Ill.
Admn.
Code 724.212(b)
or 724.218(b).
~j
After the Agency
receives the notification
of expected closure
under
35
Ill.
Adm.
Code 724.213, when
the Agency deter~inesthat
extension of the 90
or
180 day periods
under
35 Ill.
Adm. Code
724.213,
niodificatibn
of
the
30-year’ post-clo~ureperiod
under
35
Ill.
Adrn.
Code 724.217(a), continuation
of
security
requirements under
35
Ill. Adm. Code~724.217(b), or permission
tg disturb the ihte9rity of
the containment
system under
35 111.
Adm. Code 724.217(c) are un~arranted
~
When
the permittee has
filed
a request
under
35
Ill.
Adm. Code
724.247(c) for
a modification
to the level
of financial
responsibility or when the Agency demonstrates
under
35
ill.
Adm.
Code 724.247(d) that
an upward adjustment
of the level
of
financial
responsibility
is
required.
4)
When
the
corrective
action
program
specified
in
the
permit under
35
111.
Adm. Code 724.200 has
not
brought the regulated
unit
into compliance with the groundwater protection standard within
a reasonable
period
of
time.
~
To
include
a detection monitoring program meeting the
requirements
of 35
Ill. Adm. Code 724.198,
when
the owner~or
operator has
been conducting
a compliance monitoring
program
under
35
Ill. Adm. Code 724.199
or
a corrective action
program
under
35
Ill. Adm. Code 724.200 and the compliance pehod ends
before the end of the post-closure
care period for the
unit.
~J
When
a permit
requires
a compliance monitoring program under
35
Ill.
Adm.
Code 724.199,
but monitoring data collected prior
to
permit
issuance indicate that the
facility
is
exceeding the
groundwater protection standard.
ii
To
include conditions applicable to units
at
a facility that
were not previously included
in the facility’s permit.
103—253

-40-
~j
When
a
land treatment unit
is
not
achieving complete treatment
of hazardous constituents under
its
current permit conditions.
fl
Notwithstanding any other provision of this Section, when
a permit
for a land disposal facility
is
reviewed under 351ll.
Adm. Code
702.161(d),
the Agency
shall
modify the permit
as necessary to
assure
that
the facility continues to comply with the currently applicable
requirements
in
this Part
and 35
Ill.
Adm. Code 702 and
720 through
726.
BOARD NOTE:
Derived from 40 CFR
270.41(a),
as amended
at
53 Fed.
Peg.
37934, September
28,
1988.
(Source:
Added
at
13
111. Peg.
,
effective
Section 703.272
Causes
for Modification
or Reissuance
The following are causes
to modify
or,
alternatively,
reissue
a
permit:
The
Agency
has
received
notification
(as
required
in
the
permit,
see
35
Ill.
Adm.
Code
702.152(c))
of
a proposed transfer of the permit.
BOARD
NOTE:
Derived
from
40
CFR
270.41(b),
as
amended
at
53
Fed.
Peg.
37934,
September
28,
1988.
(Source:
Added
at
13
Ill.
Peg.
,
effective
Section 703.273
Facility Siting
Suitability
of the facility location will
not be considered
at the
time of
permit modification
or
reissuance unless new information or standards
indicate
that
a
threat
to human
health
or the environment exists which was unknown
at
the time of permit
issuance
or unless
required
under the Environmental
Protection
Act.
However,
certain
modifications
require
site
location
sui
tab~
1
t7’
uDerov~l cu
rsnant
to Section
39.?
of
the
Environmental
Protection
Act.
BOARD NOTE:
Derived from 40 CFR
270.41(c),
as amended
at
53 Fed.
keg.
37934,
September 28,
1988.
(Source:
Added
at
13
111.
Peg.
,
effective
Section
703.280
Permit
Modification
at
the Request
of the Permittee
~J
Class
1
modifications.
See
Section
703.281.
b)
Class
2 modifications.
See Section 703.282.
c~
Class
3 modifications.
See Section
703.283.
~j
Other modifications.
1)
In
the case of modifications
not explicitly listed
in Appendix
A,
the permittee may submit
a Class
3 modification request
to
the Agency,
or
the permittee may
request
a determination by the
103—254

-41-
Agency that
the modification be
reviewed
and approved as
a Class
1
or Class
2 modification.
If the permittee requests that the
modification be classified
as
a Class
1
or 2 modification, the
pernnittee
shall
provide the Agency with
the necessary
information
to support the requested classification.
2)
The
Agency
shall
make the determination described
in subsection
(d)(1)
as promptly as practicable.
In determining the
appropriate class for
a specific modification, the Agency shall
consider the similarity of the modification to other
modifications codified
in Appendix A and the following criteria:
A)
Class
1
modifications
apply
to
minor
changes
thá~tkeep
the
periiiit current with routine changes to the
facility or
its
operation.
These changes
do not substantially alter the
permit
conditions
or reduce
the capacity of
the facility to
protect human
health
or
the environment.
in the case of
Class
1 modifications,
the Agency may
require
prior
approval.
B)
Class
2 modifications apply
to changes that
are necessary
to enable
a permittee to
respond,
in
a timely manner,
to
i)
Common
variations
in
the
types
and
quantities
of
the
of
the
wastes
managed
under
the facility permit,
•~
ii)
Technological
advances,
and
iii) Changes necessary to comply with new regul~ions,
where these changes can be implemented without
subst~antiallychanging
design
specifications _or
management
practices
in
the
permit.
C)
Class
3
modifications
substantially
alter
the
facility
or
its operation.
~
Temporary authorizations.
~J
Upon
request
of the permittee,
the Agency shall,
without prior
public notice
and comment, grant
the permittee
a temporary
authorization
in accordance with this subsection.
Temporary
authorizations have
a
term of
not more then
180 da~’s.
~j
Procedures.
~J
The
permittee
may
request
a
temporary
authorization
for:
i)
Any Class
2
modification
meeting
the
criteria
in
subsection
(e)(3)(B),
and
~jJ
Any Class
3 niodification
that meets the criteria
in
subsection
e
3
B)
i);
or that meets the criteria in
subsection
e
3
8) iii)
through
(v)
and
provides
improved management
or treatment of
a
hazardous waste
103—255

-42-
already listed
in
the facility permit.
j~j The temporary authorization request must include:
ii.
A description of the activities to-be conducted under
the temporary authorization
JJJ
An explanation
of why the temporary authorization
is
necessary;
and
iii) Sufficient
information to
ensure compliance with 35
Ill.
Adm.
Code
724
standards.
C)
The permittee shall
send
a notice about
the temporary
authorization request
to
all
persons
on the facility
mailing
list
maintained
by
the Agency and to appropriate
units
of State
and
local
governments
as
specified
in
35
Ill. Adm. Code 705.163(a)(5).
This notification must be
made within
seven days
after
submission
of
the
authorization
request.
3)
The Agency shall
approve
or deny the temporary authorization
as
quickly
as practical.
To issue
a temporary authorization,
the
Agency
shall
find:
~j
The authorized activities are
in
compliance with
the
standards of
35
Ill.
Adm. Code 724.
~J
The temporary authorization
is
necessary to
achieve one of
the following objectives before action
is
likely
to
be
taken
on
a modification
request:
i)
To facilitate timely
implementation
of
closure
or
corrective
action
activities
ii)
To
allow
treatment
or
storage
in
tanks
or
contai ners
of
restricted
wastes
in
accordance
with
35
Ill.
Adm.
Code
728;
iii)
To
prevent
disruption
of
ongoing
waste management
activities
I!I
To
enable the permittee
to
respond
to
sudden chang~~
in the types
or quantities
of the wastes managed under
the facility permit;
or
yj
To facilitate other changes
to protect
human
health
and
the environment.
4)
A temporary authorization shall
be reissued
for one additional
term
of
up
to
180 days provided that the permittee has
requested
a Class
2
or
3 permit modification
for
the activity covered
in
the
temporary
authorization,
and:
103—256

-43-
j~j
The reissued temporary authorization constitutes the
Agency’s decision on
a Class
2 permit modification
in
accordance with Section 703.282(f)(1)(D)
or
(f)(2)(D),
or
~j
The Agency determines that the reissued-temporary
authorization involving
a Class
3 permit modification
request
is warranted to allow the authorized activities
to
continue while the modification procedures
of
35
Ill.
Adm.
Code 703.283 are conducted.
fJ
Public notice and appeals of permit modificaiHon decisions.
1)
The Agency
shall
notify, persons
on the
facility mailing
list aa~
appropriate units
of State and
local
government within
10 days
of any decision to grant
or deny
a Class
2 or
3 permit
modification request.
The Agency
shall
also notify such persons
within
10 days after an automatic authorization
for
a Class
2
modification
goes
into
effect
under Section 7O3.282(f)(3) or
(f)(5).
2)
The Agency’s decision to
grant pr deny
a Class
2
or
3
permit
modification request may be
appealed under the permit
appeal
procedures
of
35
Ill.
Pidin. Code
705.212.
~J
An
automatic authorization that goes into effect
tinder Sectibn
7O3.28?(f)(3) or
(f)(5)
may be appealed under the permit
appeal
procedures
of
35
III.
Adm.
Code
705.212; however, the permittee
may
continue
to
conduct
the
activities
pursua4it
to
the
automatic
authori’~ationuntil the Board
enters
a
final
order
on
the
appeal, notwithstanding the provisions
of
35
Ill.
Adm.
Code
705. 204.
g~
Newly listed
or
identified wastes.
1)
The
permittee
is authorized
to
continue to manage wastes
listed
or
identified
as hazardous under
35
Ill.
.
Code
721
if
the
permittee:
~j
Was
in existence as
a hazardous waste
facility with
respect
to the newly listed
or characterized waste
on the effective
date
of the
final
rule listing or
identifying the waste
~J
Submits
a Class
1 modification request
on or
before the
date
on which the waste
becomes
subject
to
the
new
requirements
ç~
Is
in compliance with
the standards of
35
111.
Adm. Code
725
~J
In
the
case of Classes
2
and
3 modifications, also submits
a complete
permit modification request within
180 days
after the effective date of the
rule listing or identifying
the waste;
and
103—257

-44-
fl
in the case of
land disposal units, certifies that such
unit
is
in compliance with all
applicable
35
Ill.
Adm. Code
725 groundwater monitoring and
financial
responsibility
requirements
on the date 12 months after the effective date
of the rule identifying
or listing the waste as
hazardous.
If
the owner
or operator fails to clarify
compliance with these
requirements, the owner
or operator
loses authority to operate under this Section.
2)
New wastes
or units
added
to
a facility’s permit
under this
subsection
do not constitute expansions for the purpose
of the
25 percent capacity expansion
limit
for Class
2 modifications.
h)
Permit
modification
list.
The
Agency
shall
maintain
a list
of
all
approved
permit modifications and
shall
publish
a notice once
a year
in
a State—wide newspaper that
an updated list
is available
for
review.
BOARD
NOTE:
Derived
from
40
CFR
270.42(d)
through
(h),
as
amended
at
53 Fed. Reg. 37934,
September
28,
1988.
(Source:
Added
at
13 Ill.
Peg.
,
effective
Section
703.281
Class
I
Modifications
~J
Except
as
provided
in
subsection
(a)(2),
the permittee may put
into
effect
Class
1 modifications listed
in Appendix A under
the following
conditions:
fl
The permittee shall
notify the Agency concerning the
modification by certified mail
or other means
that establish
proof
of delivery within
7
calendar days after the change
is
put
into effect.
This
notice must specify the changes being made to
p~rnitconditions
or
s~p~orHng
documents__referenced
by the
permit
and
must
explain why they are
necessary.
Along
with
tee
notice,
the nermittee shall
provide
the applicable information
required by
Section
703.181 through 703.185,
703.201
onrough
703.207, 703.221 through
703.225 and
703.230.
?1
The
permittee
shall
send
a
notice
of
the modification to
all
persons
on
the
facility
mailing
list,
maintained
by
the
Agency
in accordance with
35
Ill.
Adn. Code 7O5.163(a)(4),
and the
appropriate units
of State and local
government,
as
specified
in
35
Ill.
Adm. Code 705.163(a)(5).
This notification must
be made
within
90 calendar days after
the change
is
put
into effect.
For
the Class
1 modifications that require prior Agency
approval,
the notification must
be made within
90 calendar days
after
the Agency approves
the
request.
Any
person
may
request
the
Agency
to
review,
and
the
Agency
shall
for cause
reject, any Class
1 modification.
The Agency
shall
inform the permittee by certified
mail that
a Class
1
modification
has been rejected,
explaining the
reasons
for the
rejection.
If
a Class
1 modification has been rejected,
the
103—258

-45—
permittee shall
comply with the original
permit conditions.
j~j Class
1 permit modifications identified
in Appendix A
by
an asterisk
shall
be made only with
the prior written approval
of the Agency.
~j
For
a Class
1
permit modification, the permittee may elect
to follow
the procedures
in Section 703.282 for Class
2 modifications instead
of the Class
1 procedures.
The permittee shall
inform the Agency of
this decision
in the
notice required
in Section 703.282(b)(1).
BOARD
NOTE:
Derived
from
40
CFR
270.42(a),
as
amended
at
53 Fed.
Peg. 37934, September 28,
1988.
(Source:
Added
at
13
Ill. Reg.
,
effective
Section
703.282
Class
2 Modifications
~j
For Class
2
modifications,
listed
in Appendix A,
the permittee shall
submit
a modification
request
to the Agency which:
fl
Describes the exact
change to
be made to
the permit conditions
and
supporting documents referenced
by the permit
~j
Identifies
that the modification
is
a Class
2 modification
~J
Explains why the modification
is needed;
and
~j
Provides
the applicable
information required by Section 703.181
tht’ough 703.185,
703.201 th~rough703.207,
703.221 through
703.225
and
703.230.
~j
The
permittee
shall
send
a notice
of
the modification request
to
all
persons
on the facility mailing list maintained
by the Agency
and to
the appropriate
units
of State
and
local
government
as
specified
in
35
Ill.
Adm. Code 705.163(a)(5) and shall,
to
the extent practicable,
publish
this notice
in
a newspaper of general
circulation
published
in
the County
in which the facility is
located.
if
no
such newspaper
exists, the permittee shall
publish the notice
in
a newspaper
of
general circulation
in
the vicinity of
the facility.
This notice
must be mailed
and published within
7 days before or after the date
of submission
of the modification request,
and the permittee
shall
provide to the Agency evidence of the mailing
and
publication.
The
notice must include:
iJ.
Announcement of
a 60—day comment
period,
in
accordance with
subsection
(e),
and
the name and
address
of
an Agency contact
to
whom comments must be sent
~J
Announcement
of the date,
time and
place
for
a public meeting
held
in
accordance with subsection (d)
~j
Name and telephone number
of the permittee’s contact person
~J
Name and telephone number
of an Agency contact person
103—259

-46-
~j
Locations where copies of the modification request and any
supporting documents can be viewed and
copied; and
~J
The following statement;
“The permittee’s
compliance history
during the life of the permit
being modified
is
available from
the Agency contact
person.”
~j
The permittee
shall
place
a copy of the permit modification
request
and
supporting
documents
in
a
location
accessible
to
the
public
in
the
vicinity
of
the
permitted
facility.
The permittee shall
hold
a
public
meetin9
no
earlier
than
15
days
after the publication
of the notice required
in
subsection
(b)
and no
later than
15 days before the close
of
the 60-day comment period.
The meeting must be
held
in the County
in which the permitted
facility
is located
unless
it
is impracticable to
do
so,
in which
case the hearing must be
held
in the vicinity of the facility.
The
public
must
be
provided
60
days to comment
on the modification
request.
The
comment period begins
on
the date the permittee
publishes the notice
in
the
local
newspaper.
Comments
must
be
submitted
to the Agency contact identified
in the public
notice.
j~j
Agency decision.
fl
No
later
than 90 days after
receipt of the notification
request,
the Agency
shall:
~J
Approve the modification
request, with or without changes,
and
modify
the
permit accordingly
B)
D~ythe
r~t;
C)
Determine
that
the modi fl cation
request must follow
the
procedures
in Section
703.283 for
Class
3
nodifications
for
the
following
reason:
fl
There
is
significant public concern about the proposed
modification; or
JjJ
The complex nature of the change requires
the more
extensive procedures
of
Class
3.
pj
Approve
the
request,
with
or
without
changes,
as
a
temporary authorization having
a term of
up
to
180 days
or
~J
Notify the permittee that
the Agency
will
decide
on
the
request within the next
30 days.
~j
If the Agency notifies
the permittee of
a 30—day
extension for
a
decision,
the Agency
shall,
no
later
than
120 days
after
receipt
of
the
modification
request:
103—260

-47-
~j
Approve
the
modification
request,
with
or
without
changes,
and
modify
the
permit
accordingly
~j
Deny
the
request
~j
Determine
that
the
modification
request
must
follow
the
procedures
in
Section
703.283
for
Class
3
modifications
for
the following
reasons:
ii
There
is
significant
public concern about the proposed
modification; or
JjJ
The complex
nature of
the change requires the more
extensive procedures of Class
3.
D)
Approve the request,
with
or
without
changes,
as
a
temporary authorization having
a term of
up
to 180 days.
~ft
If the Agency fails
to make one of the decisions specified in
subsection
(f)(2)
by the
120th day after
receipt
of the
modification request,
the permittee
is automatically authorized
to conduct the activities
described
in the modification
request
for up
to
180 days,
without formal
Agency action.
The
authorized activities must be
conducted as described
in the
permit modification
request and must
be
in
compliance with all
appropriate
standards of
35
Ill.
Adm. Code
725.
If the Agency
approves, with or without
changes,
or denies the modification
request during the term of the temporary or automati~”
authorization provided for in subsections(f)(1),
(2)
or
(3),
such action cancels the temporary or automatic authorization.
4)
Notification by
permittee.
A)
in the
case of
an
automatic authorization under subsection
or
a temporary authorization under subsection
~f)(1~(D)
or
(f)(2)(D),
if the Agency
has
not made
a
final
~pprovalor denial
of the modification
request by
the date
50 days
prior
to the
end of the temporary or automatic
authorization,
the permittee shall,
within seven days after
that time, send
a notification
to
persons
on the facility
mailing list,
and make
a
reasonable effort
to notify
other
persons who submitted written comments on the modification
request,
that:
jJ
The permittee has
been authorized temporarily to
conduct
the activities
described
in
the permit
modification request,
and
ii)
Unless
the Agency acts
to give final
approval
or
denial
of the request
by the end of
the authorization
period,
the permittee will
receive authorization to
conduct such activities for the
life of the permit.
103—26 1

-48-
~j
If the owner
or operator fails
to notify
the public
by the
date specified
in subsection
(f)(4)(A), the effective date
of the permanent authorization will
be deferred until
50
days after the owner
or operator notifies the public.
5)
Except
as
provided
in
subsection
(f)(7),
if the Agency does
not
finally approve
or deny
a modification
request before the
end of
the automatic or temporary authorization period
or
reclassify
the modification
as
a Class
3 modification,
the permittee
is
authorized
to conduct the activities described
in
the permit
modification request for the
life of the permit unless modified
later under Section 703.270
or Section
703.280.
The act vities
authorized under this subsection must
be conducted as
de cribed
in the permit moditication
request
and must be
in compli
nce
with
all
appropriate
standards
of
35
Ill.
Adm. Code
725.
6)
In
making
a
decision
to
approve
or
deny
a
modification
request,
including
a decision to
issue
a temporary authorization or
to
reclassify
a
modification
as
a
Class
3,
the Agency
shall
consider
all
written
comments
submitted
to
the
Agency
during
the
public
comment
period and
shall
respond
in writing to
all
significant comments
in the Agency’s decision.
Li
With the written consent
of the permittee,
the Agency may extend
indefinitely
or for
a specified period the time periods for
final
approval
or denial
of
a modification request
or
for
reclassifying
a modification
as
a Class
3.
~j
The Agency
shall
deny
or
change the terms
of
a Class
2 permit
modification request under subsection
(f)(1) through
(f)(3) for the
following reasons:
1)
The modificatj~pieuestis incomplete
2)
The requested modification does
not
comply with the appropriate
requirements
of
35
Ill.
Adm. Code
724 or other applicable
reuqirements;
or
3)
The
conditions
of the modification fail
to protect
human
health
and
the environment.
h)
The permittee may perform any construction
associated with
a Class
2
permit
modification request beginning 60 days
after the
submission
of
the
request
unless the Agency establishes
a
later date
for commencing
construction and
informs the permittee
in writing before day 60.
BOARD NOTE:
Derived
from 40 CFR 270.42(b),
as amended
at
53
Fed.
Reg.
37934,
September 23,
1933.
(Source:
Added
at
13
Ill.
Reg.
,
effective
Section 703.283
Class
3 Modifications
~j
For Class
3 modifications, listed
in Appendix A,
the permittee shall
1C3—262

-49-
submit
a
modification
request
to
the
Agency
which:
ii
Describes
the
exact
change
to
be
made
to
the
permit
conditions
and
supporting
documents
referenced
by
the
permit
fl~
Identifies
that
the
modification
is
a
Class
3
modification
~j
Explains
why
the
modification
is
needed;
and
~j
Provides
the
applicable
information
required
by
Section
703.181
through 703.185, 703.201 through 703.207, 703.221
through
703.225 and
703.230.
The perrnittee
shall
send a notice
of the modification
request
to
all
persons
on
the facility mailing
list maintained
by the Agency and to
the appropriate units of State and
local
government
as specified
in
35
Ill.
Adm. Code
/05.163(a)(5) and shall
publish
this notice
in
a
newspaper of general circulation
in the County
in which
the
facility
is located.
This notice must be mailed and published within
7 days
before
or after the date of
submission
of the modification
request,
and the permittee
shall
provide
to the Agency evidence
of the mailing
and publication.
The
notice must include:
1)
Announcement
of
a 60-day contleOt
period,
in accordance with
subsection
(e),
and the name and add’ress
of an Agency
contact
to
whom comments must b~sent
.?I
Announcement
of the date,
time and
place for
a public meeting
held
in accordance with subsection (d)
3)
Name and telephone number
of the permittee’s contact person
4)
Name and telephone number
of
an Agency contact person
~J
Locations where
copies
of the modification request
and
any
supporting documents
can be
viewed
and
copied;
and
~
The following statement;
“The permittee’s compliance history
during the
life of the
permit
being modified
is
available from
the Agency contact
person.’
c)
The permittee
shall
place
a copy of the permit modification
request
and supporting documents
in
a location accessible
to th~public
in
the
vicinity of the perniitte~facility.
~j
The
permittee
shall
hold
a
public meeting no earlier than
15 days
after the publication
of the notice
required
in subsection
(b)
and no
later than
15 days before the close
of the 60-day cornent
period.
The meeting must be held to
the extent practicable
in the vicinity of
the permitted facility.
~j
The public
shall
be provided
60 days to
comment
on
the modification
request.
The comment
period will
begin
on the date
the permittee
publishes the notice
in the
local
newspaper.
Comments must be
103—263

-50-
submitted
to the Agency contact identified
in the public notice.
f)
After the conclusion
of the 60-day comment period, the Agency
shall
grant
or
deny the permit modification request according to the
permit
modification procedures
of
35
Ill.
Adm. Code
705.-
In addition, the
Agency shall
consider and
respond to
all
significant written comments
received during the 60-day comment period.
BOARD NOTE:
Derived from 40 CFR
270.42(c),
as amended
at
53 Fed.
Reg.
37934,
September
28,
1988.
(Source:
Added
at
13
Ill.
Peg.
,
effective
Section 703.Appendix
A
Classification of Permit Modifications
Class
Modifications
,A.
General
Permit Provisions
1
1.
Administrative and
informational
changes.
1
2.
Correction
of typographical errors.
1
3.
Equipment
replacement or upgrading with functionally equivalent
components
(e.g.,
pipes,
valves,
pumps, conveyors,
controls).
4.
Changes
in
the frequency of
or procedures for monitoring,
reporting,
sampling or maintenance activities
by the permittee:
1
a.
To
provide for more frequent monitoring,
reporting or
mai ntenance.
2
b.
Other
chan~es.
5.
Schedule of compliance:
1*
a.
Changes
iii
interim compliance
dates, with prior
approval
of
the Agency.
3
b.
Extension
of
final
compliance date.
1*
6.
Changes
in expiration date of
permit
to allow earlier permit
termination, with
prior
approval
of the Agency.
1*
7.
Changes
in
ownership or operational
control
of
a facility,
provided
the procedures
of Section
703.260(b)
are followed.
B.
General
Facility Standards
1.
Changes
to
waste
sampling
or
analysis
methods:
1
a.
To conform with Agency
guidance or Board
regulations.
b.
Other
changes.
103—264

—53—
2
e.
Changes
in
approved
closure
plan
resulting
from
unexpected
events
occurring
during
partial
or
final
closure,
unless
otherwise
specified
in
this
Appendix.
3
2.
Creation of
a new landfill
unit as part of closure.
3.
Addition of the following new units
to
be used temporarily for
closure activities:
3
a.
Surface
impoundments.
3
b.
Incinerators.
3
c.
Waste piles that
do not comply with
35 Ill. Adm. Code
724.350(c).
2
d.
Waste piles
that comply with 35
Ill.
Admn.
Code 724.350(c).
2
e.
Tanks
or containers
(other than specified below).
1*
f.
Tanks used
for neutralization, dewatering,
phase
separation
or component separation, with prior approval
of
the Agency.
E.
Post-Closure
1
1.
Changes
in name,
address
or phone number
of contact
in
post—
closure
plan.
2
2.
Extension
of
post-closure
care
period.
3
3.
Reduction
in the post-closure care period.
1
4.
Changes
to the expected year of
final
closure, where other
permit
conditions
are
not
changed.
2
5.
Changes
in post-closure plan necessitated
by events occurring
during the
active life of the
facility, including partial
and
final
closure.
F.
Containers
1.
Modification
or addition of container
units:
3
a.
Resulting
in greater than 25
increase
in
the
facility’s
container storage capacity.
2
b.
Resulting
in
up
to 25
increase
in
the
facility’s container
storage
capacity.
2.
2
a.
Modification
of
a
container
unit
without
increasing
the
capacity of the unit.
103—267

-54-
b.
Addition
of
a
roof to
a container unit without alteration
of the containment
system.
3.
Storage
of
different
wastes
in
containers:
3
a.
That require additional
or different management practices
from
those
authorized
in
the
permit.
2
b.
That do
not
require additional
or different management
practices from those authorized
in the permit.
Note:
See
Section
703.280(y)
for modification procedures
to
be
used
for
the
management
of newly
listed
or identified
wastes.
2
4.
Other changes
in
container management
practices
(e.g.,
aisle
~pace;types
of
containers;
segregation).
G.
Tanks
1.
3
a.
Modification or addition of tank units
resulting
in
greater
than
25
increase
in
the facility’s tank capacity, except
as provided
in paragraphs G(1)(c) and G(1)(d).
2
b.
Modification
or addition of tank units
resulting in
up
to
25
increase
in the facility’s tank capacity, except
as
provided
in
paragraph G(1)(d).
2
c.
Addition of
a new tank that will operate
for more than 90
days using any of the following physical
or chemical
treatment
technologies:
neutralization, dewatering,
phase
Seperdt1OnO’CO~pO11ent_sep~atiOfl.
1*
d.
After prior approval
of
the Agency, addition of
a
new
tank
that
will
operate
for
up
to
90
days
using
any
of
the
following
physical
or chemical
treatment technologies:
neutralization, dewatering,
phase separation
or component
separation.
2
2.
Modification of
a tank unit or secondary containment
system
without increasing the capacity of the unit.
3.
Peplacement
of
a
tank with
a tank that meets
the same design
standards and has
a capacity within
÷1-
10
of
the
replaced tank
provided:
a.
The capacity difference
is
no more than 1500 gallons,
b.
The facility’s permitted tank capacity
is
not
increased
and
c.
The
replacement
tank meets the same conditions
in
the
permit.
103—268

-55-
2
4.
Modification
of
a
tank
management
practice.
5.
Management
of
different
wastes
in
tanks:
3
a.
That require
additional or different management practices,
tank
design,
different
fire
protection
specifications
or
significantly
different
tank
treatment
process
from
that
authorized
in
the
permit.
2
b.
That do not
require additional
or different management
practices, tank design, different fire protection
specification or significantly different tank treatment
process than authorized
in
the permit.
Note:
See Section 703.280(y) for modification
procedures
to
be
used
for
the
management
of
newly
listed
or
identified
wastes.
H.
Surface
Impoundments
3
1.
Modification
or addition of
surface impoundment
units
that
result
in
increasing the facility’s surface
impoundment storage
or treatment capacity.
3
2.
Replacement
of
a surface impoundment
unit.
2
3.
Modification
of
a surface
impoundment
unit without
increasing
the facility’s surface impoundment
storage
or treatment capacity
and without modifying the
unit’s
liner,
leak detection system or
leachate collection system.
2
4.
Modification of
a surface impoundment management practice.
5.
Treatment,
storage
or
disposal
of
different
wastes
in
surface
impoundments:
3
a.
That require additional
or different management practices
or different design
of the
liner
or leak detection system
than authorized
in the permit.
2
b.
That do
not
require additional
or different management
p~racticesor different design
of the
liner
or
leak
detection system than authorized
in the permit.
Note:
See
Section
703.280(g)
for modification procedures
to
be used for the management
of newly listed
or identified
wastes.
I.
Enclosed Waste Piles.
For all
waste
piles,
except those complying
with
35
Ill.
Adm. Code 724.350(c), modifications
are treated the
same
as
for
a
landfill.
The following modifications
are applicable only
to waste
piles complying with 35
Ill.
Adm. Code 724.350(c).
103—269

-56—
1.
Modification
or
addition
of
waste
pile
units:
3
a.
Resulting in greater than 25
increase
in the facility’s
waste
pile
storage
or
treatment
capacity.
2
b.
Resulting
in
up
to 25
increase
in the facility’s waste
pile storage
or treatment capacity.
2
2.
Modification
of waste pile unit without
increasing the capacity
of the unit.
1
3.
Replacement
of
a waste pile unit with another waste pile unit of
the same design and capacity and meeting
all waste
pile
conditions
in
the permit.
2
4.
Modification
of
a waste pile management practice.
5.
Storage
or
treatment
of
different wastes
in waste
piles:
3
a.
That require
additional
or different management practices
or different design
of the
unit.
2
b.
That do
not
require additional
or
different managemnent
practices
or different design
of
the unit.
Note:
See Section
703.280(g) for modification procedures
to
be used for the management
of newly listed or
identified
wastes.
3.
Landfills
and Unenclosed Waste Piles
3
1.
Modification
or addition of
landfill
units that result
in
inc
reasing
the
fac i
1
ityj~p~jcaa~ty.
3
2.
Replacement
of
a
landfill.
3
3.
Addition
or
modification
of
a
liner,
leachate
collection
system,
leachate
detection
system,
run-off
control
or
final
cover
system.
2
4.
Modification
of
a
landfill
unit
without
changing
a
liner,
leachate collection
system,
leachate detection system,
run—off
control
or
final
cover
system.
2
5.
Modification
of
a landfill management
practice.
6.
Landfill
different wastes:
3
a.
That require additional
or different management practices,
different design
of the
liner,
leachate collection system
or leachate detection system.
2
b.
That do not require additional
or different management
practices,
different design
of
the
liner,
leachate
103—2 70

—57-
collection system or leachate detection system.
Note:
See
Section
703.280(g)
for
modification
procedures
to
be
used
for
the
management
of
newly
listed
or
identified
wastes.
K.
Land
Treatment
3
1.
Lateral expansion of or other modification of
a
land treatment
unit
to
increase
area
extent.
2
2.
Modification of run-on control
system.
3
3.
Modify
run-off control
system.
2
4.
Other modification
of land treatment unit component
specifications or standards
required
in
permit.
5.
Management
of different wastes
in
land treatment
units:
3
a.
That require
a change
in permit operating conditions
or
unit design specifications.
2
b.
That do
not
require
a change
in
permit operating conditions
or unit design specifications.
Note:
See Section
703.280(g)
for modification procedures
to
be used for the management
of newly listed
or identified
wastes.
6.
M’odification
of
a
land
treatment
unit
management
practice
~
3
a.
Increase rate or change method
of waste application.
1
b.
Decrease rate
of waste
application.
2
7.
Modification
of
a
land
treatment
unit
management
practice to
change measures
of
pH
or
moisture
content
or
to
enhance
microbial
or chemical
reactions.
3
8.
Modification
of
a
land treatment unit management
practice to
grow food
chain crops,
to add to
or
replace existing permitted
crops with different food chain crops
or
to modify operating
plans for distribution
of animal
feeds
resulting from such
crops.
3
9.
Modification
of operating practice due to detection of releases
from the
land treatment unit pursuant to
35
Ill.
Adm. Code
724.378(g)(2).
3
10.
Changes
in the unsaturated
zone monitoring system resulting
in
a
change
to the
location, depth,
number
of sampling
points
or
replace unsaturated zone monitoring devices
or components
of
devices with devices
or components that have specifications
103—271

-58-
different from permit
requirements.
2
11.
Changes
in the unsaturated zone monitoring system that do not
result
in
a change to the location, depth,
number
of
sampling
points,
or that replace unsaturated zone monitoring devices or
components
of
devices
with
devices
or
components
having
specifications different from permit requirements.
2
12.
Changes
in
background values
for hazardous constituents
in
soil
and soil-pore liquid.
2
13.
Changes
in
sampling, analysis or
statistical
procedure.
2
14.
Changes
in
land treatment demonstration program
prior to
or
during the demonstration.
1*
15.
Changes
in
any
condition
specified
in
the
permit
for
a
land
treatment unit to
reflect results
of
the
land treatment
demonstration, provided performance
standards are
met, and
the
Agency’s prior approval
has been received.
1*
16.
Changes
to
allow
a
second
land treatment demonstration
to
be
conducted when the
results
of the
first demonstration have not
shown the conditions under which the wastes can be treated
completely,
provided the conditions
for the second demonstration
are substantially the same as the conditions for the
first
demonstration
and have received
the prior approval
of the
Agency.
3
17.
Changes
to
allow
a
second
land
treatment
demonstration to
be
conducted when
the
results
of
the first demonstration
have not
shown the conditions under which the wastes
can be treated
cq~pj~etely,
where
the_conditions
for
the
second
demonstration
are
noL suL~stant
al lyjhe__sariu a~
tOO
conditions
for tue
fi
rst
demonstration.
2
18.
Changes
in vegetative cover requirements
for
closure.
L.
Incinerators
3
1.
Changes
to
increase by more than
25
any of the following limits
authorized
in
the permit:
A thermal
feed
rate limit,
a waste
feed
rate
limit
or
an organic chlorine feed rate
limit.
The
Agency
shall
require
a new trial, burn to
substantiate compliance
with
the
regulatory performance
standards unless this
demonstration
can
be
made
through
other
means.
2
2.
Changes
to
increase
by
up
to 25~any of
the following limits
authorized
in
the
permit:
A
thermal
feed
rate
limit,
a
waste
feed
limit
or
an organic chlorine feed rate limit.
The Agency
shall
require
a new trial
burn to substantiate
compliance with
the
regulatory
performance
standards
unless
this
demonstration
can
be made through
other means.
103—272

-59-
3
3.
Modification of
an incinerator unit
by changing the internal
size or
geometry of the primary or secondary combustion units,
by adding
a primary
or secondary combustion unit,
by
substantially changing the design of any component used to
remove HC1
or
particulates from the combustion gases or by
changing other features of the incinerator that could affect
its
capability to meet the regulatory performance standards.
The
Agency shall
require
a new trial
burn to substantiate compliance
with
the
regulatory
performance
standards,
unless
this
demonstration
can
be
made
through
other
means.
2
4.
Modification of
an
incinerator unit
in
a manner that will
not
likely affect
the capability
of the unit to meet the regulatory
performance
standards
but
which
will
change
the
operating
conditions
or monitoring requirements
specified
in the permit.
The
Agency
may
require
a
new
trial
burn to demonstrate
compliance
with
the
regulatory
performance standards.
5.
Operating
requirements:
3
a.
Modification
of
the
limits
specified
in
the
permit
for
minimum
combustion
gas
temperature,
minimum
combustion
gas
residence time or oxygen concentration in the secondary
combustion
chamber.
The Agency
shall
require
a new trial
burn to
substantiate compliance
with
the regulatory
performance
standards unless this demonstration can be made
through other means.
3
b.
Modification
of
any
stack
gas
emission
limits
specified
in
the
permit,
or
modification
of
any
conditions
in
the
permit
concerning emergency shutdown or automatic waste feed
cutoff
procedures
or
controls.
2
c.
Modification
of
any
other
operating
condition
or
any
inspection
or
recordkeeping
requirement
specified
in
the
permit.
6.
Incineration
of
different
wastes:
3
a.
If
the
waste
contains
a
POHC
that
is
more
difficult
to
incinerate than authorized
by the permit
or
if incineration
of
the waste
requires compliance with different regulatory
performance
standards
than
specified
in
the
permit,
the
Agency
shall
require
a new trial
burn to
substantiate
compliance with
the regulatory performance standards,
unless this demonstration can
be made through other means.
b.
If the waste does
not
contain
a POHC that
is
more difficult
to
incinerate than authorized
by the permit
and
if
incineration
of the waste does
not require compliance with
different regulatory performance standards than specified
in
the permit.
BOARD NOTE:
See Section
703.280(g) for modification
103—27 3

-60-
procedures
to
be
used
for
the
management
of
newly
listed
or
identified wastes.
7.
Shakedown
and
trial
burn:
2
a.
Modification
of
the
trial
burn
plan
or
any
of
the
permit
conditions
applicable
during
the
shakedown
period
for
determining operational
readiness after construction,
the
trial
burn period
or the period immediately following the
trial
burn.
1*
b.
Authorization of
up
to
an additional
720 hours
of waste
incineration during the shakedown period
for determining
operational
readiness after construction, with the
prior
approval
of the Agency.
1*
c.
Changes
in the operating requirements
set
in the permit
for
conducting
a
trial
burn,
provided the change
is minor and
has
received
the prior approval
of the Agency.
1*
d.
Changes
in the
ranges
of the operating requirements set
in
the permit
to
reflect the
results
of the trial
burn,
provided the change
is minor and has received the prior
approval
of the Agency.
8.
Substitution
of
an alternate type of
fuel
that
is not specified
in
the permit.
BOARD NOTE:
Derived from 40 CFR
270.42, Appendix
I,
as adopted
at
53 Fed. Peg.
37934, September
28,
1988.
(Source:
Added
at
13
Ill. Reg.
,
effective
103—274

-61-
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
Sect i on
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
AJTHO~TY:
Implementing
Section
22.4
and
authorized
by
Section
27
of
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
ch.
111
1/2,
pars.
1022.4
and
1027).
SOURCE:
Adopted
in
P81-22,
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.
Peg.
14015,
effective
Oct.
12,
1983;
amended
in
R84—9,
53 PCB
131 at
9
111.
Reg.
11819, effective July
24.,
1985; amended
in
P85-22
at
10
Ill.
Reg.
968, effective January
2,
1986; amended
in
P86-i
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.
Peg.
6017,
effective ~larch
24,
1937;
amended
in P36—45
at
11
111.
Reg.
13435, effective
August
4,
1987;
amended
in R37—5 at
11
Ill.
Reg.
19280,
effective November
12,
1987;
amended
in R87—26
at
12
Ill.
Peg.
2450,
effective January
15,
1983;
amended
in
R87-39
at
12
Ill.
Peg.
12999,
effective
July
29,
1988;
amended
in
P88-16
at
13
Ill.
Reg.
362,
effective
December
27,
1988;
amended
in P89-i
at
13
Ill.
Reg.
,
effective
103—275

—62-
SUBPART
B:
DEFINITIONS
Section
720.110
Definitions
When
used
in
35
Ill.
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
—h4.s—the Administrator’s
designee.
“Agency”
means
the Illinois Environmental
Protection Agency.
“Ancillary equipment” means
any device includin3,
but not limited to,
such
devices
as
piping,
fittings,
flanges,
valves
and
pumps,
that
is
used
to distribute, meter
or
control
the flow of
huzarJous
waste from
its
point
of
generation
to
storage
or treatment tank(s), between
haz~rdouswaste 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:
The
unit
must
have
physical
provisions
for
recovering
and
exporting thermal
energy
in the form of steam,
heated
fluids
or
103— 27 6

-63-
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
ksowl
edge
and
bel
i ef.
“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.
“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
103—27 7

—64-
constituents
which
could
threaten
human
health
or
the
environment.
“Corrosion
expert”
means
a
person
who,
by
reason
of
knowledge
of
the
physical
sciences
and
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”
means
a
hazardous
waste
treatment,
storage
or
disposal
facility
which
—has
Feeei.ve~a~EPA
peF~4
t
4e~a
faei.l4ty
w4t~+RteP~st~a~s~
4F~aeee~a~ee
wi.t~t1~eFeq~+Fe~~eA~s
ef
49 G~
2~9a~~24e~a
~
f~e~
a state atl~ie~4~e~1
iw~aeee~~a~ee
w4~th49
S~R
2~1T
e~that
~s ~e~ate~
~
49
G~R 2~T6~e~24
e~49
GF~
2~6TS~~a~t
~
~S 141.T ~
Gede ~
e~~26TS~~a~t~ a~d
that-
has
been designated
on the manifest
by the generator pursuant
to
35
Ill.
Adm. Code
722.120.
“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
on any land or water.
“Di sposal’ 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 wastes only
because they exhi bit
the corrosi vi ty characteri stic 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— ~2@Tfl9-.
103—273

-65-
“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 D 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
TI:
Mew 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
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 Cornonwealth
of the Northern Mariana Islands
Region
X:
Washington,
Oregon,
Idaho and Alaska
“Equivalent 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 commenced
on
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
103—279

-66—
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 commenced
if the owner or operator has obtained
all
federal,
State and
local
approvals
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 nay consist
of several
treatment, storage
or ‘disposal
operational
units
(e.g.,
one or more
landfills, surface impoundments
or combinations
of them).
“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
tne 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
103—280

-67-
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 D,
or
a
constituent
listed
in
of
35
Ill.
Adm. Code 721.124.
“Hazardous waste management
unit”
is
a
contiguous area of land on
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.
“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
111.
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
103—28 1

-68-
controlled
flame
devices
to
accomplish
recovery
of
materials
or
energy:
Cement kilns
Lime
kilns
Aggregate kilns
Phosphate
kilns
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:
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 burn 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
103—282

-69-
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~anydegree
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.
“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— es—,
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
103—283

-70-
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
Ill. Adm.
Code 722.Subpart
B.
“Manifest document number” means
the USEPA twelve digit
identification 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 not
a
container, tank,
tank
system,
surface impoundment,
pile, land
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.
“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
t03—284

—71—
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 anthto 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,
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 may
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.
103—285

-72-
“Publicly
owned
treatment
works”
or
“P01W”
—means
a~ydev~eee~
system wsed 4n t1~etFeatReRt ~
Feeyel4Ag aRd Pee~aR~ati.eR)~
e~
R4~e4.~aI~
sewage
e~~ist~4a1
wastes e~a
q~i.d
AatHFe
whi-eh
i.s
owRed
~y
a
~s~ate~e~~
R~ea~.ty~
~as deflAed
~y ~eetieR S92~4~
e~
t~eG~.eaRWate? Act
43~
YVST~T
~362~4~T
Thi.s 4e~n4~t4~eA
+Re1-ddes
sewepsT ~i.~es
e~et~e~
eenveya~eeseAl.y
44
they
ee~veywastewate~te
a PQW ~Fev~.d4.Rg
tpeat~eRt—isas defined
in
35
Ill. Adm. Code
310.110.
“Regional Administrator” means
the Regional Administrator for the
EPIv
Region
in which the facility
is
located
or —h4s—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 universe 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.
“Solid waste” means
a solid waste
as
defined
in
35
Ill.
Adm.
Code
721. 102.
“Surnp” 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 elsewhere.
103—286

—73-
“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 whichwaste
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.
“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,
hi ghway
or
water.
“Treatability study”
means:
A study
in which
a hazardous waste
is subjected to
a treatment
process
to
determine:
103—287

-74-
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
Ill.
Adm.
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”
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 Cornonwealth of the Northern Mariana Islands.
103—288

—75—
“Unsaturated
zone”
or
“zone
of
aeration”
means
the
zone
between
the
land
surface
and
the
water
table.
!!YRI.ted
Statesti
~ea~s the
SQ
StatesT
the
9istp4~et.e~
Ge1~i~4a~
the
GeR~eAwea1.the~Pwei~teR4~ee~
the
YTSY Vi.Pg~.A1~s~aRds~
~
Ai~eF4~eaR
Sa~aaaRd the GefimeRweal.th e~the ~ePthePAMa~4ana1~sI.aRds~
“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 —4s s~~eet
to
Fe~lat~-eA~RdeFei.the~Seet+eA
492 e~Seeti~eR39~b4~
ec the
GleaR Water Aet
(.3~3
YTS?GT
~42
OF
~~—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
—p—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
111.
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
—~
14l-~Ad~T
Gede
29T~Q—thi5Section.
“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
hazardous constituents
to groundwater
or surface water.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section
720.111
References
a)
The following publications are incorporated
by reference:
ANSI.
Available from the American National Standards Institute,
103—289

—76—
1430
Broadway,
New
York,
New
York
10018,
(212)
354—3300:
—~Pet~eI~ew~
Re~AePyP~+Rg~~
A4S~B3~~3
——
~
with
addeR~~
B3~T34d+
—-
~989~—ANSI
831.3 and B31.4.
See
ASME/ANSI
B31..3 and
831.4
—i~64~4dPet~e1e~
TFaRspePtatieR P4.~gSyste~sT~AM~
——
~
wi~thaddeR4w~B~h4~4
—-
1.98~.—
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
—P~~eati~eR
~32~
~98~—
Recommended Practice 1632,
Second Edition, December,
1987.
“Installation of Underground Petroleum Storage Systems,”
API
—Pd~l.ieati.eR1.~5
4~4eveii~e~
I~994—RecommendedPractice
1615,
Fourth Edition, November,
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/ANSI
B31.3
-
1987,
as
supplemented
by
B31.3a
1988 and B31.3b
1988.
A
so
available
from
ANSI.
“Liquid Transportation Systems
for Hydrocarbons, Liquid
Petroleum
Gas,
Anhydrous
Ammonia,
and
Alcohols”,
ASME/ANSI
B31.4
1986,
as
supplemented
by B31.4a
-
1987.
Also
available
from
ANSI.
ASTM.
Available from American Society
for Testing and
Materials,
1916 Race Street, Philadelphia,
PA 19103,
(215)
299—
5400:
“ASTM
Standard
Test
Methods
for Flash Point
of Liquids
by
Setaflash Closed Tester,”
ASTM Standard 0-3828-87.
“ASTM Standard Test Methods for Flash Point
Pensky—Martens
Closed
Tester,”
ASTM Standard D-93-79 or D-93—80.
GPO.
Available
from
the
Superintendent
of
Documents,
U.S.
Government
Printing
Office, Washington,
D.C.
20401,
(202)
783-
32 38:
Standard
Industrial
Classification Manual
(1972),
and
1977
Supplement,
republished
in
1983
103—290

—77-
MACE.
Available from the National Association of Corrosion
Engineers,
1400 South Creek Dr., Houston, TX
77084,
(713)
492—
0535:
“-Reee~e~4e4
P~aet~ee
4RP-Q2—8S~—Control
of External
Corrosion
on
Metallic
Buried,
Partially
Buried,
or
Submerged Liquid Storage Systems—~~-”,NACE Recomended
Practice RP0285—85,
approved March,
1985.
NFPA.
Available from the National Fire Protection Association,
Batterymarch Par~~
Boston, MA
02269,
(617)
770—3000 or
(800)
344—3555:
“Flammable
and
Combustible
Liquids
Code”- ~9~ei~
1~98~~—
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—87-011, 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
Publication
number
SW-846
(Second Edition,
1982
as amended
by Update
I
(April,
1984)
and Update II
(April,
1985))
(Document
number
PB
87—120291)
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).
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
(1988)
40 CFR
136
(1988)
40
CFR
142
(1988)
40
CFR 220 -~98~-(1988)
103—291

-78-
40
CFR
260.20
(1988)
40
CFR
264
—4198~—(1988)
40 CFR 302.4,
302.5 and 302.6
(1988)
40 CFR
761 —4~98~—(1988)
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
13 Ill. Reg.
,
effective
103—292

-79-
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
Tabl e 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
Exclusions
Special Requirements ~forHazardous Waste Generated by Small
Quantity Generators
Requirements
for
Recyclable
Materials
Residues of Hazardous Waste Hn 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
Characteristics
of Ignitability
Characteristics
of Corrosivity
Characteristics of Reactivity
Characteristics of
EP Toxicity
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 Non—Specific Sources
Wastes
Excluded
from
Specific
Sources
Wastes Excluded ~FromCommercial
Chemical
Products, Off—
Specification Species, Container Residues,
and Soil Residues
103—293

-80—
Thereof
Appendix
J
Method
of
Analysis
for
Chlorinated
Dibenzo-p-Dioxins
and
Dibenzofurans
Appendix
Z
Table
to
Section
721.102
AUTHORITY:
Implementing
Section
22.4
and
authorized
by
Section
27
of
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
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 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—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.
,
effective
SUBPART
A:
GENERAL PROVISIONS
Section
721.104
Exclusions
a)
Materials
which
are
not
solid
wastes.
Tne
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 with NPDES permits
issued
by the Agency
pursuant to
Section 12(f)
of
the Environmental Protection Act
and
35
111.
Adm. Code
309.
BOARD NOTE:
This exclusion applies only to the actual
point
source
discharge.
It
does
not
exclude
industrial
wastewaters
while they are being collected,
stored
or treated before
discharge,
nor does it exclude sludges that
are generated by
103—294

-81-
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.
~)
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
entirely 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
D)
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 sohd
wastes are not hazardous wastes:
1)
Household waste,
including household waste that
has been
collected,
transported, stored,
treated, disposed,
recovered
(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
the purposes of regulation under
this Part,
if such facility:
103—2 95

-82-
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
facil
ity
has
establ
i shed
contractu ral
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 characteristic
of EP
toxicity
(Section
721.124 and Appendix
B) because chromium
is
present
or are listed
in Subpart
D
due to the presence
of
chromium,
which
do
not
fail
the
test
for
the
characteristic of EP toxicity 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—
oxidizing environments.
103—296

-83-
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)
trininings
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—blue.
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
shearl ing.
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-bl ue.
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
overburden
from
the
mining
of
uranium
ore.
For
the
purposes
of
this subsection,
solid waste from the processing
of ores
and
.103—297

-84-
minerals
does
not
include:
~j
Acid plant blowdown slurry
or sludge resulting from the
thickening
of
blowdown
slurry
from
primary
copper
production
~j
Surface
impoundment
solids
contained
in
and
dredged
from
surface
impoundments
at
primary
lead
smelting
facilities
~ci
Sludge
from
treatment
of
process
wastewater
or
acid
plant
blowdown from primary zinc production
0)
Spent potliners from primary aluminum reduction
E)
Emission control
dust or sludge from ferrochromiumsilicon
production;
and
j~j
Emission control
dust or sludge from ferrochromium
production.
8)
Cement kiln dust waste.
9)
Solid waste which consists
of discarded wood
or wood products
which fails
the test for the characteristic of EP
toxicity and
which
is
not
a
hazardous
waste
for
any
other
reason
if
the
waste
is
generated
by
persons
who
utilize
the
arsenical—treated
wood
and
wood
products
for these materials’
intended end
use.
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
Ill.
Adni.
Code
702,
703,
705
and
722
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 suosection
(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
103—298

-85-
collector
after
testing;
or
C)
The sample
is
being stored
by the
sample collector before
transport to
a laboratory for testing;
or
D)
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
(USPS)
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,
mailing
address
and
telephone
number;
the
quantity
of
the
sample;
the
date
of
the
shipment;
and
a
description
of
the
sample.
ii)
Package the sample
so that
it 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
103—299

-86-
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
treatabi
1 ity
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
ii)
If the DOT, USPS 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:
i)
Copies
of
the
shipping
documents;
103—300

-87-
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
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
treatability study;
C)
A description
of the technical
modifications or change
in
specifications
which
will
be
evaluated
and
the
expected
results;
0)
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
103—301

-88-
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
35 111. 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.
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)
Mo
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
103—302

-89-
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 umber of the
generator or
sample collector of each waste
sample;
B)
The date the
shipment was received;
C)
The quantity of waste
accepted;
0)
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
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)
T~he
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;
103—303

-90-
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
Iii.
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
13 Ill.
Reg.
effective
)
SUBPART
0:
LISTS
OF
HAZARDOUS
WASTE
Section
721.132
Hazardous Waste
from Specific Sources
The following solid wastes are listed hazardous wastes from specific sources
unless
they
are
excluded
under
35
Ill.
Adin. Code 720.120 and
720.122 and
listed
in Appendix
I.
EPA Hazardous
Waste No.
Industry and
Hazardous Waste
Hazard Code
Wood Preservation:
Bottom
sediment
sludge
from
the
treatment
(T)
of
wastewaters
from
wood
preserving
processes
that
use
creosote
and/or pentachlorophenol.
Inorganic Pigments:
Organic Chemicals:
KOO1
K002
K003
K004
K005
K006
K007
K008
Wastewater
treatment
sludge
from
the
(T)
production
of chrome yellow and orange pigments.
Wastewater treatment sludge from the
(T)
production
of molybdate orange pigments.
Wastewater
treatment
sludge
from
the
(1)
production
of zinc yellow pigments.
Wastewater treatment sludge from the
(1)
production
of chrome green pigments.
Wastewater treatment sludge from the
(T)
production
of chrome oxide green
pigments
(anhydrous and
hydrated).
Wastewater treatment sludge from the
(T)
production
of
iron blue pigments.
Oven
residue
from
the
production
of
chrome
(T)
oxide
green
pigments.
103—304

—91—
K009
Distillation bottoms from the production of
(T)
acetaldehyde from ethylene.
KOlO
Distillation side cuts from the production
of
(T)
acetaldehyde from ethylene.
KOll
Bottom stream from the wastewater stripper in
(R,T)
the production of acrylonitrile.
KO13
Bottom stream from the acetronitrile column
(1)
in the production
of acrylonitrile.
K014
Bottoms
from
the
acetontrile
purification
(T)
column
in the production of acrylonitrile.
K015
Still
bottoms
from
the distillation of
tenzyl
(T)
chl on de.
K016
Heavy ends
or distillation
residues from the
(T)
production
of
carbon
tetrachloride.
K017
Heavy ends
(still
bottoms) from the
(T)
purification column
in the production
of epichlorohydrin.
K018
Heavy ends from the fractionation column
in
(T)
ethyl
chloride production.
K019
Heavy ends from the distillation
of ethylene
(T)
dichloride
in ethylene dichloride
production.
K020
Heavy ends from the distillation
of vinyl
(T)
chloride in
vinyl
chloride monomer production.
K021
Aqueous spent
antimony catalyst waste from
(T)
fluoromethanes production.
KO22
Distillation
bottom
tars
from
the
production
(T)
of phenol/acetone from cumene.
K023
Distillation light
ends from the production
(T)
of phthalic anhydride from naphthalene.
K024
Distillation bottoms from the production
of
(T)
phthalic anhydride from naphthalene.
K093
Distillation light
ends from the production
(1)
of
phthalic anhydride from ortho-xylene.
KO94
Distillation
bottoms
from
the production
(T)
of
phthalic anhydride from ortho-xy~ene.
KO25
Distillation bottoms
from
the production
(T)
of
nitrobenzene
by
the
nitration
of
benzene.
K026
Stripping
still
tails from the production
of
(T)
methyl
ethyl
pyridines.
K027
Centrifuge
and distillation
residues from
(R,T)
toluene
diisocyanate
production.
K028
Spent catalyst from the hydrochlorinator
(T)
reactor
in the production
of 1,1,1—trichloroethane.
K029
Waste from the product stream
stripper in
(T)
the production
of
1,1,1-trichloroethane.
K095
Distillation bottoms
from the production
of
(1)
1 ,1,1-trichloroethane.
K096
Heavy
ends
from
the
heavy
ends
column
from
(1)
the production
of 1,1,1-trichloroethane.
K030
Column
bottoms
or heavy ends from the
(T)
combined production
of trichioroethylene and perchioroethylene.
K083
Distillation bottoms from aniline production.
(T)
K1O3
Process
residues
from
aniline
extraction
(T)
from the production
of aniline.
K1O4
Combined wastewater streams generated from
(T)
103—305

-92-
nitrobenzene/aniline production.
K085
Distillation
or
fractionation
column
bottoms
from
the
production
of
chlorobenzenes.
K1O5
Separated
aqueous
stream
from
the
reactor
(1)
product
washing
step
in
the
production
of
chlorobenzenes.
Kill
Product wastewaters
from the production of
(C,T)
dinitrotoluene
via nitration of toluene.
K112
Reaction by-product water from the drying
(T)
column
in the production
of toluenediamine via hydrogenation of
dinitrotoluene.
K113
Condensed liquid light ends from the
(1)
purification of toluenediamine
in the production of
toluenediamine via hydrogenation of dinitroluene.
K114
Vicinals from the purification
of toluene—
(T)
diamine
in the production
of toluenediamine via hydrogenation of
dinitrotolune.
K115
Heavy ends from the purification
of
(T)
toluenediamine
in
the production
of toluenediamine via hydrogenation
of
dinitrotoluene.
K116
Organic condensate from the solvent recovery
(1)
column
in the production of toluene diisocyanate via phosgenation
of
tol uenediamine.
K117
Wastewater from the
reactor vent gas scrubber
(T)
in the production
of ethylene dibromide via bromination
of
ethene.
K118
Spent
adsorbent solids from purification of
(T)
ethylene dibromide
in the production of
ethylene dibromide
via
bromination
of ethene.
K136
Still
bottoms from the purification
of
(T)
ethylene dibromide
in the production
of
ethylene dibromide via
bromination of ethene.
Inorganic Chemicals:
K071
Brine purification muds from the mercury
(T)
cell
process
in
chlorine production, where separately
prepurified
brine
is
not
used.
KO73
Chlorinated
hydrocarbon waste from the
(T)
purification step of
the diaphragm cell
process
using graphite
anodes
in
chlorine production.
K106
Wastewater treatment sludge from the mercury
(T)
cell process
in chlorine production.
Pesticides:
K031
By—product
salts
generated
in
the production
(T)
of MSMA and cacodylic acid.
K032
Wastewater treatment sludge from the
(T)
production
of chlordane.
K033
Wastewater and scrub water from the
(T)
chlorination
of cyclopentadiene
in the
production
of chlordane.
K034
Filter
solids from the filtration
of
(T)
hexachlorocyclopentadiene
in the production
of chlordane.
K097
Vacuum stripper discharge from the chlordane
(T)
103—306

-93-
chlorinator
in
the
production
of
chlordane.
K035
Wastewater treatment sludges generated in the
(T)
production
of creosote.
K036
Still
bottoms from toluene reclamation
(T)
distillation in
the production of disulfoton.
1(037
Wastewater treatment sludges from the
(1)
production
of disulfoton.
1(038
Wastewater
from
the
washing
and
stripping
of
(1)
phorate
production.
1(039
Filter
cake
from
the
filtration
of
(1)
diethylphosphorodithioic
acid in the production
of phorate.
K040
Wastewater treatment sludge from the
(1)
production
of phorate.
K041
Wastewater treatment sludge from the
CT)
production
of toxaphene.
K098
Untreated process wastewater from the
(T)
production
of toxaphene.
K042
Heavy
ends or distillation residues from the
(1)
distillation
of tetrachlorobenzene
in the production
of 2,4,5—
T.
KO43
2,6—Dichlorophenol waste from the production
(T)
of
2,4-D.
KO99
Untreated
wastewater
from
the
production
(T)
of
2,4—D.
K123
Process wastewater
(including supernates,
(T)
filtrates
and
washwatens)
from
the
production
of
ethylenebisdithiocarbamic
acid and
its salts.
K124
Reactor
vent
scrubber
water
from
the
production
(C,T)
of
ethylenebisdithiocarbamic acid and
its
salts.
K125
Filtration, evaporation and centrifugation
(T)
solids
from
the
production
of
ethylenebisdithiocarbanic
acid
and its
salts
K126
Baghouse
dust and floor sweepings
in milling
(T)
and packaging operations
from the production
or formulation
of
ethylenebisdithiocarbamic
acid
and
its
salts.
Explosi yes:
1(044
Wastewater
treatment
sludges
from
the
(R)
manufacturing
and
processing of explosives.
K045
Spent carbon from the treatment
of wastewater
(R)
containing explosives.
K046
Wastewater
treatment
sludges
from
the
(T)
manufacturing, formulation
and
loading
of lead—based
initiating
compounds.
K047
Pink/red water from
TNT
operations.
CR)
Petroleum Refining:
K048
Dissolved air
flotation
(DAF) float
from the
(T)
petroleum refining industry.
K049
Slop
oil
emulsion
solids
from
the
petroleum
(T)
refining
industry.
KOSO
Heat exchanger bundle cleaning sludge from
(T)
103—307

-94-
the
petroleum
refining
industry.
K051
API
separator
sludge
from
the
petroleum
(T)
refining industry.
K052
Tank
bottoms
(leaded)
from
the
petroleum
(T)
refining
industry.
I ron and Steel:
K061
Emission
control dust/sludge from the primary
CT)
production
of
steel
in electric furnaces.
K062
Spent
pickle
liquor
generated
by
steel
(C,T)
finishing operations
of
facilities within the
iron and
steel
industry (SIC Codes 331
and
332)
(as
defined
in
35 Ill. Adm.
Code 720.110).
Primary
Copper:
1(064
Acid plant blowdown slurry
or sludge
resulting from
the
thickening
of blowdown slurry from primary copper production.
Primary Lead:
KO65
Surface impoundment solids contained
in and dredged from
surface
impoundments
at primary lead smelting facilities.
Primary
Zinc:
K066
Sludge from treatment
of process wastewater or acid plant
blowdown from primary zinc production.
Primary
Aluminum:
K088
Spent
potliners
from
primary
aluminum
reduction.
Ferroalloys:
K090
Emission
control
dust or
sludge
from ferrochromiumsilicon
production
1(091
Emission
control
dust
or sludge from ferrochromium
production
Secondary Lead:
K069
Emission
control dust/sludge from secondary
(T)
lead smelting.
K100
Waste
leaching solution from acid leaching
(T)
of emission
control dust/sludge
from secondary
lead smelting.
Veterinary Pharmaceuticals:
K084
Wastewater treatment sludges generated
(1)
during the production
of veterinary pharmaceuticals from
arsenic
or organo-arsenic compounds.
103—308

—95—
1(101
Distillation tar residues
from the distillation
(1)
of aniline-based compounds
in the production of veterinary
pharmaceuticals from arsenic or organoarsenic compounds.
K102
Residue from use of activated carbon for
(T)
decolorization
in
the
production
of
veterinary
pharmaceuticals
from arsenic
or organo-arsenic compounds.
Ink
Formulation:
KO86
Solvent washes
and sludges, caustic washes
(T)
and
sludges,
or
water
washes
and
sludges
from
clea~~ing
tubs
and
equipment used
in the formulation of
ink from pigments, driers,
soaps
and stabilizers containing chromium and
lead.
Coking:
KO6O
Ammonia still
lime sludge
from coking
(T)
operations.
K087
Decanter tank tar
sludge
from coking
(T)
operations.
(Source:
Amended at
13
Ill.
Reg.
,
effective
)
Section 721.133
Discarded Commercial Chemical
Products, Off—
Specification Species, Container Residues and Spill
Residues Thereof.
The following materials
or items
are hazardous wastes
if and when they are
discarded
or intended
to
be discarded as described
in Section
721.102(a)(2)(A), when they are mixed with waste oil
or
used
oil
or other
material
and
applied
to
the
land
for
dust suppression
or
road treatment, when
they
are
otherwise applied to the
land
in
lieu
of their original
intended use
or when they
are contained
in products that are applied
to
land
in lieu
of
their
original
intended
use,
or
when,
in
lieu
of
their
original
intended
use,
they
are
produced
for
use
as
(or
as
a
component
of)
a
fuel,
distributed
for
use
as
a
fuel
,
or burned
as
a
fuel
a)
Any
commercial
chemical
product,
or manufacturing chemical
intermediate having the generic name listed
in subsections
(e) or
(f).
b)
Any
off—specification
commercial
chemical
product
or
manufacturing
chemical
intermediate which,
if
it met specifications, would have
the
generic name listed
in
subsections
(e) or
(f).
c)
Any
residue
remaining in
a container or inner
liner removed
from
a
container that
has held
any commercial
chemical
product
or
manufacturing chemical
intermediate having the
generic
name listed
in
subsection
(e),
unless
the container
is empty
as
defined
in Section
721. 107 (b)
(
3).
BOARD
NOTE:
Unless
the
residue
is
being
beneficially
used
or
reused,
or legitimately
recycled or reclaimed,
or being accumulated,
stored,
transported
or treated prior
to such use, reuse, recycling or
103—309

—96—
reclamation, the Board
considers the
residue to
be
intended for
discard, and thus
a hazardous waste.
An example
of
a legitimate
reuse of
the
residue would
be where the residue
remains
in
the
container and the container
is used to hold the same commercial
chemical product
or manufacturing chemical
intermediate
it previously
held.
An example
of the discard of the
residue would
be where the
drum
is
sent
to
a
drum
reconditioner
who
reconditions
the
drum
but
discards
the
residue.
d)
Any residue or contaminated soil,
water or
other
debris
resulting
from
the cleanup
of a spill,
into or
on any land
or water of any
commercial
chemical
product
or manufacturing chemical
intermediate
having the generic
name listed
in subsection
Ce)
or
(f),
or any
residue or contaminated
soil, water
or other debris resulting from
the
cleanup
of a spill,
into or
on any land or water,
of any
off-
specification
chemical
product
or manufacturing chemical
intermediate
which,
if
it met specifications, would have the generic
name listed
in
subsection
(e)
or
(f).
BOARD
NOTE:
The
phrase
“commercial
chemical
product
or
manufacturing
chemical
intermediate
having
the
generic
name
listed
in
...“
refers
to
a chemical
substance which
is manufactured
or formulated for
commercial
or
manufacturing
use
which
consists
of
the
commercially
pure grade
of the chemical,
any
technical
grades of
the chemical
that.
are
produced
or
marketed,
and
all
formulations
in
which
the
chemical
is
the
sole active ingredient.
It
does not
refer
to
a material, such
as
a manufacturing process waste,
that contains
any of the substances
listed
in
subsections
(e)
or
(f).
Where
a manufacturing process
waste
is deemed
to
be
a
hazardous waste because
it
contains
a
substance listed
in subsections
Ce)
or
(f),
such waste will
be listed
in either Sections 721.131
or 721.132 or will
be identified
as
a
hazardous waste
by the characteristics
set forth
in Subpart
C.
e)
The
commercial
chemical
products,
manufacturing chemical
intermediates
or off-specification
corr~iiercial chemical
products or
manufacturing
chemical
intermediates
referred
to
in
subsections
(a)
through
(d),
are identified
as
acute hazardous waste
(H) and are
subject
to the small
quantity exclusion defined
in Section
721.105(e).
These wastes
and their corresponding EPA Hazardous Waste
Numbers
are:
BOARD NOTE:
For the convenience
of the regulated community the
primary hazardous properties
of these materials have been indicated
by the
letters
T
(Toxicity),
and
R
(Reactivity).
Absence
of a-letter
indicates
that
the
compound
only
is
listed for acute toxicity.
103—3 10

—97-
Haz-
ardous
Chemical
Waste
Abstracts
P023
107-20-0
P002
591—08—2
P057
640—19-7
P058
62-74-8
P002
591-08-2
P003
107—02—8
P070
116—06-3
P004
309-00-2
P005
107-18-6
P006 20859-73-8
P007
2763-96-4
P008
504-24-5
P009
131-74-8
P119
7803-55—6
P099
506-61-6
P010
7778-39-4
P012
1327-53-3
P011
1303-28—2
POll
1303-28-2
P012
1327—53-3
P038
692-42-2
P036
696-28-6
P054
151-56—4
P067
75-55-8
P013
542-62-1
P024
106-47-8
P077
100—01—6
P028
100-44-7
P042
51-43—4
P046
122-09-8
P014
108-98-5
POOl
P
81-81-2
P028
100-44-7
P015
7440-41-7
P017
598-31—2
P018
357-57-3
P045 39196-18-4
P021
592-01-8
P021
592-01—8
P022
75-15—0
P095
75-44-5
P023
107-20—0
P024
106-47-8
P026
5344-82-1
P027
542
76—7
No.
No.
Substance
Acetaldehyde, chloro-
Acetamide, N—(arninothioxomethyl
)-
Acetamide,
2-fluoro-
Acetic
acid,
fluoro—,
sodium
salt
1-Acetyl —2-thiourea
Acrol ei n
Aldicarb
Aldrin
Allyl
alcohol
Aluminum phosphide
(R,T)
5—(Aminomethyl )—3--isoxazolol
4—Aminopyri dine
Ammonium picrate
(R)
Amonium vanadate
Argentate(1—), bis(cyano—C)—, potassium
Arsenic acid H—~As04
Arsenic oxide As2O3
Arsenic oxide As205
Arsenic
pentoxide
Arsenic
tnioxide
Arsine, diethyl—
Arsonous dichlonide, phenyl-
Aziridine
Azinidine, 2-methyl
Barium cyanide
Benzenamine,
4-chloro—
Benzenamine,
4—nitro—
Benzene,
(chlorornethyl
)—
1,2-Benzenediol
,
4-1—hydroxy-2-(methylamino)ethyl-,
(R
)—
Benzeneethanamine,
alpha, alpha—dimethyl-
Benzenethi ol
2H—1—Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-
phenylbutyl)-,
and salts, when present
at
concentrations greater than 0.3
Benzyl
chloride
Beryllium
Bromoacetone
Bruci ne
2—Butanone,
3,3-dimethyl-1-(methylthio)-,
0-
methylamino)carbonyl
oxime
Calcium cyanide
Calcium
cyanide
Ca(CN)2
Carbon disulfide
Carbonic dichlonide
ChIoroacetaldehyde
p—Chloroani line
l—(o-Chlorophenyl )thiourea
3—Chloropropionitni le
103—3 11

-98-
P029
544-92-3
Copper
cyanide
P029
544-92-3
Copper
cyanide
CuCN
P030
Cyanides
(soluble
cyanide
salts),
not
otherwise
specified
P031
460-19—5 Cyanogen
P033
506-77—4 Cyanogen chloride
P033
506—77—4
Cyanogen
chloride
CNC1
P034
131—89—5 2-Cyclohexyl-4,6—dinitrophenol
P016
542-88—1 Dichloromethyl
ether
P036
696—28—6 Dichlorophenylarsine
P037
60—57—1
Dieldrin
P038
692—42-2 Diethylarsine
P041
311-45—5
Diethyl—p—nitrophenyl
phosphate
P040
297-97—2 0,O—Diethyl O-pyrazinyl
phosphorothioate
P043
55-91-4 Diisopropylfluorophosphate
(DFP)
P004
309-00—2 l,4,5,8—Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro—1,4,4a,5,8,8a-hexahydro-,
(laipha,
4alpha,
4abeta,
Saipha, 8alpha, 8abeta)—
P060
465-73—6
1 ,4,5,8—Dimethanonaphthalene, 1,2,3,4,10,10-
hexachloro-l,4,4a,5,8,8a—hexahydro-,
(lalpha,
4alpha,
4abeta,
5beta, 8beta,
8abeta)—
P037
60—57—1
2,7:3,6—Dimethanonaphth2,3—bJoxi rene,
3,4,5,6,9,9—
hexachloro—la,2,2a,3,6,6a,7,7a—octahydro—,
(laalpha,
2beta,
2aalpha, 3beta, 6beta,
6aalpha,
7beta,
7aalpha)—
P051
P
72-20—8 2,7:3,6—Dimethanonaphth2,3—boxirene,
3,4,5,6,9,9—
hexachloro—la,2,2a,3,6,6a,7,7a—octahydro—,
(laalpha,
2beta, 2abeta,
3alpha,
6alpha, 6abeta, 7beta,
7aalpha)-,
and metabolites
P044
60-51-5 Dimethoate
P046
122-09-8 alpha, alpha-Dimethylphenethylamine
P047
P
534-52-1 4,6-Dinitro—o—cresol
and salts
P048
51-28—5 2,4-Dinitrophenol
P020
88-85-7
Dinoseb
P085
152—16—9
Diphosphoramide,
octamethyl-
Pill
107-49—3
Diphosphoric
acid,
tetraethyl
ester
P039
298-04—4 Disulfoton
P049
541—53—7 Dithiobiuret
P050
115—29—7 Endosulfan
P088
145—73-3
Endothall
P051
72—20—8 Endrin
P051
72—20—8 Endrin,
and metabolites
P042
51-43-4 Epinephrine
P031
460—19—5 Ethanedinitrile
P066
16752—77—5
Ethanimidothioic
acid,
N—
(methylamino)carbonyloxy—,methyl
ester
P101
107-12—0
Ethyl
cyanide
P054
151—56—4
Ethylenimine
P097
52-85-7 Famphur
P056
7782—41-4 Fluorine
P057
640-19—7 Fluoroacetamide
P058
62-74—8 Fluoroacetic acid,
sodium salt
P065
628—86—4 Fulminic acid, mercury (2÷)salt (R,T)
P059
76-44—8 Heptachlor
103—3 12

-99—
P062
757-58-4 Hexaethyl tetraphosphate
P116
79—19-6 Hydrazinecarbothioamide
P068
60—34—4 Hydrazine, methyl-
P063
74—90-8 Hydrocyanic acid
P063
74-90—8 Hydrogen cyanide
P096
7803-51—2 Hydrogen phosphide
P060
465—73—6 Isodrin
P007
2763—96—4
3(2H)-Isoxazolone,
5-(aminomethyl
)—
P092
62-38—4
Mercury,
(acetato-O)phenyl-
P065
628-86-4
Mercury
fulminate
(R,T)
P082
62—75—9 Methanamine,
N—methyl
-N—nitroso-
P064
624-83—9 Methane,
isocyanato—
P016
542-88-1 Methane, oxybischloro-
P112
509—14—8 Methane, tetranitro—
CR)
P118
75—70—7 Methanethiol, tnichloro—
P050
115-29-7
6,9-Methano-2,4,3-benzodioxathiepen,
6,7 ,8,9,10,1O-
hexachloro-l,5,5a,6,9,9a—hexahydro—, 3—oxide
P059
76—44—8 4,7—Methano-1H—indene, l,4,5,6,7,8,8—heptachloro—
3a,4,7,7a-tetrahydro-
P066 16752-77—5 Methomyl
P068
60-34—4 Methyl hydrazine
P064
624-83—9 Methyl
isocyanate
P069
75—86-5 2-Methyllactonitrile
P071
298-00—0
Methyl
parathion
P072
86-88-4 alpha-Naphthylthiourea
P073 13463—39—3 Nickel
carbonyl
P073 13463—39-3 Nickel
carbonyl Ni(C0)4,
(T—4)-
P074
557—19—7 Nickel
cyanide
P074
557—19-7 Nickel
cyanide Ni(CN)2
P075
P
54-11—5 Nicotine,
and
salts
P076 10102-43—9 Nitric
oxide
P077
100—01—6 p—Nitroaniline
P078 10102-44-0 Nitrogen dioxide
P076
10102-43—9
Nitrogen
oxide
NO
P078
10102-44-0
Nitrogen
oxide
MO
P081
55-63-0
Nitroglycerine
(R
P082
62-75—9
N-Nitrosodimethylamine
P084
4549-40-0
N-Nitrosomethylvinylamine
P085
152-16-9 Octamethylpyrophosphoramide
P087 20816-12-0 Osmium oxide OsO4,
(T-4)-
P087
20816-12-0
Osmium
tetroxide
P088
145—73—3 7—Oxabicyclo2.2.lheptane—2,3—dicarboxylic
acid
P089
56—38—2 Parathion
P034
131—89—5 Phenol, 2—cyclohexyl—4,6-dinitro-
P048
51—28—5 Phenol, 2,4-dinitro—
P047
P 534—52-1 Phenol, 2—methyl—4,6—dinitro-, and salts
P020
88-85-7
Phenol, 2-(1-rnethylpropyl)-4,6-dinitro-
P009
131-74-8
Phenol,
2,4,6—trinitro-,
amnionium salt
(R)
P092
62-38-4
Phenylmercury
acetate
P093
103-85—5 Phenylthiourea
P094
298-02-2 Phorate
P095
75-44-5 Phosgene
P096
7803—51-2 Phosphine
P041
311—45-5 Phosphoric acid, diethyl
4-nitrophenyl ester
103—313

-100-
P039
298—04-4 Phosphorodithioic acid,
0,0—diethyl
S—2-
(ethylthio)ethyl
ester
P094
298-02-2
Phosphorodithioic
acid,
0,0-diethyl
5-
(ethyl
thio)methyl
ester
P044
60—51—5
Phosphorodithioic
acid,
0,0-dimethyl
S—2—
(methylamino)—2-oxoethyl ester
P043
55—91—4
Phosphorofluoridic
acid,
bis(l—methylethyl )ester
P089
56—38—2 Phosphorothioic acid,
0,0-diethyl O—(4—nitrophenyl)
ester
P040
297—97—2 Phosphorothioic
acid,
0,0-diethyl 0—pyrazinyl
ester
P097
52—85-7
Phosphorothioic
acid,
0-4—
(dimethylamino)sulfonyl)phenylj
0,0—dimethyl
ester
P071
298—00-0 Phosphorothioic
acid,
O,0-dimethyl 0—(4-nitrophenyl)
ester
P110
78—00—2 Plumbane, tetraethyl—
P098
151-50-8 Potassium cyanide
P098
151-50—8 Potassium cyanide KCN
P099
506—61-6 Potassium
silver cyanide
P070
116—06-3 Propanal, 2-methyl—2-(methylthio)—, 0—
(methylamino)carbonyloxime
P101
107—12—0 Propanenitrile
P027
542-76—7 Propanenitrile, 3—chioro—
P069
75—86—5 Propanenitrile, 2-hydroxy-2-methyl-
P081
55-63—0
1,2,3—Propanetriol
,
trinitrate—
(R)
P017
598—31—2 2-Propanone,
1—bromo-
P102
107-19—7 Propargyl
alcohol
P003
107—02—8 2—Propenal
P005
107—18-6 2-Propen-1-ol
P067
75—55—8 1,2-Propylenimine
P102
107—19—7
2—Propyn-l-ol
P008
504-24-5 4-Pyridinamine
P075
P
54—11—5 Pyridine, 3—(1—rnethyl—2-pyrrolidinyl)—,
(5)— and
sal ts
P114
12039-52-0
Selenious
acid,
dithalliurn
(1+)
salt
P103
630-10-4 Selenourea
P104
506-64-9 Silver
cyanide
P104
506—64—9
Silver
cyanide
AgOM
P105 26628-22-8 Sodium azide
P106
143—33-9 Sodium cyanide
P106
143-33-9 Sodium cyanide MaCN
P~Q~~3~4—9~—~St~eRt+~
sb14+~e
P~97 1.3~4—9~—~
St~enti.w~
s~144.~eS~S-
P108 P
57—24—9 Strychnidin—lO—one,
and salts
P018
357-57—3 Strychnidin—lO-one, 2,3~dimethoxy—
P108
P
57—24—9 Strychnine and salts
P115
7446-18—6 Sulfuric acid, dithallium (1÷)salt
P109
3689-24-5 Tetraethyldi thiopyrophosphate
P110
78-00-2 Tetraethyl
lead
P111
107—49—3 Tetraethyl pyrophosphate
P112
509—14—8 Tetranitromethane
(R)
P062
757-58-4 Tetraphosphoric
acid,
hexaethyl
ester
P113
1314-32-5 Thallic
oxide
P113
1314—32-5 Thallium oxide Tl20-~
P114 12039-52-0 Thallium
(I) selenite
103—314

-101-
P115
7446—18—6
Thallium
(I)
sulfate
P109
3689-24—5
Thiodiphosphoric
acid,
tetraethyl
ester
P045 39196-18-4 Thiofanox
P049
541-53—7 Thioimidodicarbonic diamide (H2N)C(S)2NH
P014
108-98-5
Thiophenol
P116
79—19—6 Thiosemicarbazide
P026
5344—82—1 Thiourea, (2—chlorophenyl
)—
P072
86—88—4 Thiourea, 1—naphthalenyl-
P093
103—85-5
Thiourea,
phenyl—
P123
8001-35-2
Toxaphene
P118
75—70-7 Trichloromethanethiol
P119
7803—55-6
Vanadic
acid,
amonium
salt
P120
1314—62—1 Vanadium oxide V2O5
P120
1314-62-1 Vanadium pentoxide
P084
4549-40—0 Vinylamine, N-methyl—N-nitroso-
POOl
P
81—81-2 Warfarin; and salts, when present
at concentrations
greater than 0.3.
P121
557—21—1 Zinc cyanide
P121
557-21—1 Zinc cyanide Zn(CN)2
P122
1314—84—7 Zinc phosphide Zn-~P2,when present
at concentrations
greater than
10
IR,T)
f)
The
commercial
chemical products, manufacturing chemical
intermediates or off-specification commercial
chemical products
referred
to
in
subsections
(a) through
(d),
are identified
as
toxic
wastes
(T) unless otherwise designated
and are subject
to the small
quantity exclusion defined
in Section
721.105(a) and
(g).
These
wastes and their corresponding EPA Hazardous Waste Numbers are:
BOARD NOTE:
For the convenience
of the regulated community,
the
primary hazardous properties
of these materials have been indicated
by the letters
I
(Toxicity),
R
(Reactivity),
I
(Ignitability)
and C
(Corrosivity).
Absence of
a
letter indicates that
the compound
is
only listed for toxicity.
Haz-
ardous
Chemical
Waste
Abstracts
No.
Mo.
Substance
U001
75-07-0 Acetaldehyde (I)
U034
75-87-6 Acetaldehyde, trichloro-
U187
62-44-2 Acetamide, N-(4-ethoxyphenyl
)-
UOO5
53-96-3 Acetamide, N—9H-fluoren-2-yl-
U240
P
94-75-7 Acetic
acid,
(2,4-dichiorophenoxy)-,
salts and esters
U1l2
141—78-6 Acetic
acid,
ethyl
ester
(I)
U144
301-04-2 Acetic
acid,
lead
(2+)
salt
U214
563-63-8 Acetic
acid, thallium
(1+)
salt
See
F207
93-76-5 Acetic
acid,
(2,4,5—trichlorophenoxy)—
UOO2
67-64-1 Acetone
(I)
U003
75-05-8 Acetonitnile (I,T)
U004
98-86-2 Acetophenone
U005
53-96-3 2-Acetylaminofluorene
103—315

-102-
U006
U007
U 008
U009
U011
U012
U136
U014
U0l5
U01O
U 157
U016
U01 7
U192
UO18
U094
U012
U014
U049
U093
U328
U353
U 158
U 222
U13l
U019
U038
U030
U035
U03 7
U 221
UO28
U 069
U 088
U 102
U1O7
U070
U07
1
U072
U060
UO17
U223
U239
U201
U127
U056
U 220
U105
U106
U05 5
75-36—5
79-06—1
79—10—7
107—13—1
61-82-5
62—53—3
75 -60-5
492-80-8
115-02—6
50-07 -7
56-49-5
225-51-4
98-87-3
23950-58-5
56-55-3
57-97-6
62 -53-3
492-80-8
3165-93-3
60-1-1—7
95-53—4
106—49-0
101-14-4
636—21—5
99-55-8
7 1-43—2
510-15-6
101—55-3
305-03-3
108-90-7
25376-45-8
117—81-7
84-74-2
84-66-2
131—11-3
117—84—0
95-50-1
541 -73-1
106—46-7
72-54-8
98-87-3
26471-62 -5
1330—20-7
108—46-3
118—74-1
110-82-7
108-88-3
121-14-2
606—20-2
98-82-8
bis(2-ethylhexyl
dibutyl
ester
diethyl
ester
dimethyl
ester
dioctyl
ester
Acetyl
chloride
(C,R,T)
Acryl ami de
Acrylic acid (I)
Acrylonitri le
Amitrole
Aniline
(1,1)
Arsinic acid,
dimethyl-.
Auramine
Azaseri ne
Azirino2’
,3’ :3,4pyrrolo1,2—aindole—4,7—dione,
6-
amino-8—(aminocarbonyl)oxymethyl—1,la,2,8,8a,8b-
hexahydro—8a—methoxy-5—methyl-,
la—S—(laalpha,
8beta, 8aalpha, 8balpha)-
Benzjaceanthrylene,
1,2-dihydro—3—methyl—
BenzCc)acridine
Benzal chloride
Benzamide, 3,5—dichloro—N—(1,1—dimethyl—2—propynyl
)—
Benz a Janthracene
Benzaanthracene,
7,12—dimethyl—
Benzenamine
(I,T)
Benzenamine, 4,4’-carbonimidoylbisN,N-dimethyl—
Benzenamine, 4-chloro-2-.methyl-,
hydrochloride
Benzenamine, N,N-dimethyl-4—(phenylazo)-
Benzenamine, 2—methyl
-
Benzenamine,
4-methyl-
Benzenamine, 4,4’-methylenebis2-chloro—
Benzenamine,
2-methyl-,
hydrochloride
Benzenamine,
2—methyl —5—nitro-
Benzene
(I,T)
Benzeneacetic
acid,
4-chloro-alpha—(4-chlorophenyl)—
alpha—hydroxy—,
ethyl
ester
Benzene, 1—bromo-4-phenoxy-
Benzenebutanoic
acid,
4-bi
s (2-chl oroethyl )amino-
Benzene, chloro-
Benzenediamine,
ar-methyl-
1,2-Benzenedicarboxylic
acid,
)
ester
1,2-Benzenedicarboxylic
acid,
1,2-Benzenedicarboxylic
acid,
1,2-Benzenedicarboxyl ic
acid,
1,2-Benzenedicarboxylic
acid,
Benzene,
l,2—dichloro-
Benzene, 1,3—dichloro-
Benzene, 1,4—dichloro-
Benzene,
1,1’—(2,2—dichloroethyl idene)bi s4—chloro—
Benzene,
(dichloromethyl
)-
Benzene,
1 ,3-di
i socyanatoniethyl
(R ,T)
Benzene,
dimethyl-
(I,T)
1,3-Benzenediol
Benzene, hexachloro-
Benzene,
hexahydro-
(I)
Benzene,
methyl—
Benzene, 1—methyl—2,4—dinitro—
Benzene, 2—methyl—l,3—dinitro—
Benzene,
(1—methylethyl)—
(I)
103—316

-103-
U169
98—95-3 Benzene, nitro—
U183
608—93-5 Benzene, pentachioro-
U185
82—68-8
Benzene,
pentachioronitro-
U020.
98-09-9
Benzenesulfonic
acid
chloride
(C,R)
U020
98—09-9 Benzenesulfonyl
chloride
(C,R)
U207
95—94-3
Benzene,
1,2,4,5—tetrachloro—
U061
50—29—3
Benzene,
1,1’—(2,2,2—trichloroethylidene)bis4—
chioro—
U247
72-43-5
Benzene,
1,1’-(2,2,2-trichloroethylidene)bis4—
methoxy-
U023
98—07-7
Benzene,
(trichloromethyl
)—
U234
99-35-4 Benzene, 1,3,5-trinitro—
U021
92-87-5 Benzidene
U202
P
81—07-2 l,2—Benzisothiazol-3(2H)-one, 1,1-dioxide,
and salts
U203
94-59—7 1,3—Benzodioxole,
5-(2-propenyl)-
U141
120—58—1 l,3—Benzodioxole,
5—(1-propenyl
)-
U090
94-58-6 1,3-Benzodioxole,
5-propyl-
U064
189-55-9 Benzorstpentaphene
U248 P
81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3—oxo-1-
phenylbutyl)-, and salts, when present
at
concentrations of 0.3
or less
U022
50-32-8 Benzoapyrene
U197
106—51-4 p-Benzoquinone
U023
98-07-7 Benzotrichloride
(C,R,T)
U085
1464-53—5 2,2’—Bioxirane
U021
92-87—5 1,1’—Biphenyl—4,4’—diamine
UO73
91-94--i 1,1’—Biphenyl—4,4’-diamine,
3,3’—dichloro—
U09l
119—90—4 1,l’—Biphenyl—4,4’—diamine,
3,3’—dimethoxy—
U095
119—93—7 1,1’—Biphenyl—4,4’-diamine,
3,3’—dimethyl-
U225
75-25-2 Bromoform
UO30
101-55—3 4-Bromophenyl
phenyl
ether
U128
87—68—3. 1,3-Butadiene,
1,1,2,3,4,4—hexachloro—
U172
924—16-3 1—Butanamine, N—butyl-N-nitroso—
U031
71-36-3
1-Butanol
(I)
U159
78-93—3 2—Butanone (I,T)
U160
1338-23—4
2-Butanone,
peroxide
(R,T)
U053
4170-30—3 2-Butenal
U074
764-41-0 2-Butene, 1,4-dichloro-
(I,T)
U143
303-34-4 2—Butenoic acid,
2-methyl-, 7-2,3-dihydroxy—2-(1-
methoxyethyl )-3-methyl—i-oxobutoxymethyl
-2,3,5,7a-
tetrahydro-lH-pyrrolizin—i-yl
ester,
1S-lalpha(Z),
7(2S*,3R*),
7aalpha-
U031
71—36—3 n-Butyl
alcohol
(I)
U136
75-60—5 Cacodylic acid
U032 13765—19—0 Calcium chromate
U238
51—79—6 Carbamic
acid,
ethyl
ester
U178
615—53—2 Carbamic acid,
methylnitroso-,
ethyl
ester
U097
79-44-7
Carbamic
chloride,
dimethyl-
U114
P
111-54-6
Carbamodithioic
acid,
1,2—ethanediylbis-, salts
and
esters
U062
2303-16—4 Carbamothioic acid,
bis(1—methylethyl)—, S—(2,3—
dichloro-2-propenyl)
ester
U215
6533—73—9 Carbonic
acid, dithallium
(1+)
salt
U033
353-50-4 Carbonic difluoride
103—317

-104-
79-22-1
353-50—4
56—23-5
75—87-6
305—03—3
57-74-9
494—03-1
108—90-7
510—15—6
59—50-7
110—75—8
67 -66—3
107-30-2
91—58-7
95-57-8
316 5—93-3
13765—19—0
218-01-9
1319—77—3
4170-30-3
98 -82-8
506—68-3
106 —51-4
110—82-7
53-89-9
Carbonochloridic
acid,
methyl
ester
(I,T)
Carbon oxyfluoride
(R,T)
Carbon tetrachloride
Chloral
Chlorambuci 1
Chlordanealpha and gamma isomers
Chlornaphazin
Chlorobenzene
Chlorobenzilate
p—Chloro—m-cresol
2-Chloroethyl
vinyl
ether
Chloroform
Chloromethyl
methyl
ether
beta-Chl oronaphthal ene
1
o-Chloropheno
4-Chloro—o-toluidine,
hydrochloride
Chronic
acid H2CrO4, calcium salt
Chrysene
Creosote
Cresol
(Cresylic acid)
Crotonaldehyde
Cumeme
(I)
Cyanogen bromide CNBr
2,5—Cycl ohexadiene-1 ,4—dione
Cyclohexane
(I)
Cyclohexane,
1 ,2,3,4,5,6—hexachloro-,
(lalpha,2alpha,3beta,4alpha,Salpha,6beta)-
Cyclohexanone
(I)
1,3-Cyclopentadiene,
1,2,3,4,5,5-hexachloro-
Cyclophosphami de
2,4—0,
salts
and esters
Daunomycin
ODD
DOT
Diallate
Di benza
,hanthracene
Dibenzoa,i pyrene
1,2-0 i brorno-3-chl orop ropane
Dibutyl phthalate
o-Dichlorobenzene
m-Dichlorobenzene
p-Di chlorobenzene
3,3’ -Dichlorobenzidine
1,4-Dichloro-2-butene
(I,T)
Dichlorodi fluoromethane
1,1—Dichloroethylene
1,2-Dichloroethylene
Dichloroethyl
ether
Dichloroisopropyl
ether
Dichloromethoxy
ethane
2,4-Di chlorophenol
2,6-Dichl orophenol
1,3-Dichloropropene
1,2:3,4-Diepoxybutane
(1,1)
Ui 56
U033
U21l
U034
U035
U036
U026
U037
U038
U039
I’-’,-,
o
o’+~~
U044
U 046
UO4 7
U048
U049
U032
U050
U051
U052
U053
U055
U246
U197
U 056
U129
U057
U 130
U058
U240
U059
U 060
U051
U062
U063
U064
U 066
U069
U070
U071
U072
U073
U074
UO75
U078
U079
U 025
U027
U 024
U081
U082
U084
U085
108-94-1
77—47-4
50-18-0
P
94—75—7
20830-81-3
72-54-8
50-29-3
2303-16-4
53-70-3
189-55-9
96-12-8
84-74-2
95-50-1
541—73—1
106—46-7
91-94-1
764-41-0
75—71—8
75—35-4
156-60-5
111-44-4
108-60-1
111—91-1
120—83-2
87-65-0
542—75-6
1464—53-5
103—318

-105-
1,4-Diethyl eneoxide
Diethyihexyl phthalate
N,N
-Diethylhydrazine
0,0-Diethyl S—methyl
dithiophosphate
Diethyl
phthalate
Di ethyl sti 1 bestrol
Di hydrosaf role
3,3’ —Dimethoxybenzidine
Dimethylamine
(I)
p—Dimethylaminoazobenzene
7, 12—Dimethylbenza~tnthracene
3,3‘—Dimethylbenzidine
alpha, alpha-Dimethylbenzylhydroperoxide (R)
Dimethylcarbamoyl
chloride
1,1-Dimethyl hydrazine
1 ,2-Dimethylhydrazine
2,4-Dimethyl phenol
Dimethyl
phthalate
Dimethyl
sulfate
2,4—Dinitrotoluene
2,6—Dinitrotoluene
Di-n-octyl
phthalate
1, 4-D i oxane
1,2-Diphenylhydrazine
Dipropylamine
(I)
Di—n—propylnitrosamine
Epichiorohydrin
Ethanal
(I)
Ethanamine,
N—ethyl—N-nitroso—
l,2-Ethanedianine, M,N-dimethyl-N’-2-pynidinyl-N’—(2-
thienylmethyl
)—
I ,2—di bromo—
1,1-dichloro-
1,2-dichioro-
hexachloro-
1,1’—niethylenebis(oxy)bis2—chloro—
1,1’—oxybis—
(1)
1,1’ -oxybis2—chl oro-
pentachloro-
l,1,1,2—tetrachloro—
,
1,1,2,2—tetrachloro—
Ethanethioamide
Ethane, l,i,1—trichloro—
Ethane, 1,l,2—trichloro—
Ethanol
,
2-ethoxy-
Ethanol, 2,2’-(nitrosoimino)bis-
Ethanone, l—phenyl—
Ethene,
chloro—
Ethene,
(2-chloroethoxy)-
Ethene,
1,1—dichloro—
Ethene, 1,2-dichloro—,
CE)—
Ethene, tetrachloro-
Ethene, trichloro—
Ethyl
acetate
(I)
U108
U028
U086
U087
U088
U089
U090
U091
U092
U 093
U 094
U095
U096
U097
U098
U099
U 101
U 102
U 103
U105
Ui 06
U107
U108
U109
U110
Ull 1
U041
U001
U 174
U155
U067
U 076
U077
U131
U024
U117
U 025
U 184
U 208
U 209
U 218
U 226
U 227
U 359
Ui 73
U004
U043
U042
U078
UO79
U210
U228
U112
123-91—1
117-81—7
1615-80-1
3288-58-2
84 -66—2
56-53—1
94-58-6
119-90-4
124—40—3
60-11—7
57 -97—6
119—93—7
80-15-9
79-44-7
57—14—7
540-73-8
105-67—9
131-11-3
77-78-1
121—14—2
606—20—2
117-84-0
123-91-1
122—66-7
142-84-7
621-64-7
106 -89-8
75-07-0
55—18—5
91-80-5
106~~93-4
75-34—3
107-06-2
67-72-1
111-91—i
60-29-7
111—44—4
76—01-7
630- 20-6
79—34—5
62-55-5
71-55-6
7 9-00-5
110-80-5
1116-54—7
98-86-2
75-01-4
110-75—8
75—35-4
156-60-5
127-18-4
79-01 -6
141-78-6
Ethane,
Ethane,
Ethane,
Ethane,
Ethane,
Ethane,
Ethane,
Ethane,
Ethane,
Ethane
103—319

—106—
Ul13
140-88—5
Ethyl
acrylate
(I)
U238
51-79—6
Ethyl
carbamate
(urethane)
Ull7
60-29-7
Ethyl
ether
Ul14
P
111-54—6 Ethylenebisdithiocarbamic
acid,
salts and esters
U067
106—93—4 Ethylene dibromide
U077
107-06—2 Ethylene dichioride
U359
110-80-5
Ethylene
glycol
monoethyl
ether
Ul15
75-21—8
Ethylene
oxide
(I,T)
U1l6
96-45—7 Ethylenethiourea
UO76
75—34—3 Ethylidene dichlonide
Ul18
97—63-2 Ethyl
methacrylate
Ull9
62-50-0 Ethyl
methanesulfonate
U120
206—44-0 Fluoranthene
U122
50-00-0 Formaldehyde
U123
64-18-6 Formic
acid
(C,T)
U124
110—00—9 Furan
(I)
U125
98-01—1 2-Furancarboxaldehyde
(I)
U147
108-31-6 2,5-Furandione
U213
109-99—9 Eu ran, tetrahydro—
(I)
U125
98-01—1 Furfural
(I)
U124
110-00-9 Eurfuran
(I)
U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-,
D-
U206
18883-66—4 0—Glucose, 2-deoxy-2-(methylnitrosoamino)—
carbonyl ami no-
U126
765—34—4 Glycidylaldehyde
U163
70—25—7 Guanidine, N—methyl—N’—nitro—N—nitroso—
U127
118-74—1 Hexachlorobenzene
Ul28
87-68-3 Hexachlorobutadiene
U130
77-47—4 Hexachlorocyclopentadiene
U131
67—72—1
Hexachloroethane
U132
70—30—4 Hexachlorophene
U243
1888-71—7
Hexachioropropene
U133
302—01—2
Hydrazine
(R,T)
UO86
1615-80—1 Hydrazine, 1,2-diethyl—
U098
57-14—7 Hydrazine,
1,1—dimethyl-
U099
540-73—3 Hydrazine,
1,2-dimethyl-
Ui09
122-66—7 Hydrazine, 1,2-diphenyl-
U134
7664-39-3 Hydrofluoric
acid (C,T)
U134
7664—39—3 Hydrogen fluoride
(C,I)
U135
7783-06—4 Hydrogen sulfide
U135
7783—06—4 Hydrogen sulfide H2S
U096
80-15—9 Hydroperoxide, 1-methyl-1-phenylethyl-
(R)
U116
96-45-7
2-Imidazolidinethione
U137
193-39—5 Indeno1,2,3—cdpyrene
Y~39
9@@4—6S—4
i-peR
~extFaR—
U190
85-44-9 l,3-Isobenzofurandione
U140
73-83—i
Isobutyl
alcohol
(1,1)
U141
120-58—1 Isosafrole
U142
143-50-0 Kepone
U143
303-34—4
Lasiocarpene
Ui44
301-04—2 Lead acetate
U146
1335-32—6 Lead,
bis(acetato-0)tetrahydroxytri-
U145
7446-27-7 Lead phosphate
103—320

-107-
U146
1335-32-6 Lead subacetate
U129
58-89-9 Lindane
U163
70-25-7 MNNG
U147
108-31-6
Maleic
anhydride
U148
123—33—1
Maleic
hydrazide
U149
109—77—3 Malononitrile
U150
148-82-3
Melphalan
U151
7439-97-6 Mercury
U152
126-98—7 Methacrylonitrile (I,T)
U092
124-40—3
Methanamine,
N—methyl—
(I)
U029
74-83-9 Methane, bromo-
U045
74-87—3 Methane, chloro-
(I,T)
U046
107-30-2 Methane, chloromethoxy—
U068
74-95-3 Methane, dibromo-
U080
75-09—2 Methane, dichloro-
UO75
75—71-8 Methane, dichlorodifluoro-
U138
74-88-4 Methane, iodo-
Ui19
62-50-0 Methanesulfonic
acid,
ethyl
ester
U211
56-23—5 Methane, tetrachloro-
Ul53
74-93-1 Methanethiol
(I,T)
U225
75-25-2 Methane, tribromo-
U044
67-66-3 Methane, trichioro-
U12l
75-69—4 Methane, trichlorofluoro-
UO36
57-74-9 4,7-Methano-1M—indene, 1,2,4,5,6,7,8,8-octachloro—
2,3 ,3a ,4 ,7 ,7a—hexahydro—
U154
67-56-1 Methanol
(I)
U155
91-80-5 Methapyrilene
U142
143-50—0
1,3,4-Metheno--2H—cyclobutacdpentalen-2-one,
1,Ia,3,3a,4,5,5,5a,5b,6—decachlorooctahydro—
U247
72-43-5 Methoxychlor
U154
67—56-1 Methyl
alcohol
(I)
U029
74-83-9 Methyl
bromide
U186
504—60-9 1-Methylbutadiene
(I)
U045
74-87—3
Methyl
chloride
(I,T)
U156
79—22—1
Methyl
chlorocarbonate
(I
,T)
U226
71-55-6 Methyichioroform
U157
56-49-5 3—Methylcholanthrene
U158
101—14—4 4,4’—Methylenebis(2-chloroani line)
U068
74-95-3 Methylene bromide
UO8O
75-09-2 Methylene chloride
U159
78-93—3 Methyl
ethyl
ketone
(MEK)
(1,1)
U160
1338-23-4 Methyl
ethyl
ketone peroxide
(R,T)
Ui38
74-88-4 Methyl
iodide
U161
108-10-1 Methyl
isobutyl
ketone
(I)
U162
80-62-6 Methyl methacrylate
(1,1)
U161
108-10—1 4—Methyl—2-pentanone
(I)
U164
56-04—2 Methylthiouracil
UO1O
50-07-7
Mitomycin
C
U059 20830-81-3 5,12-Naphthacenedione,
8-acetyl-10—(3—amino—2,3,6—
trideoxy)-alpha-L-lyxo-hexapyranosyl
)oxyl—7,8,9,10—
tetrahydro-6,8,li-trihydroxy—1—niethoxy—,
(85—ci s)—
U167
134-32-7 1-Naphthalenamine
U168
91-59-8 2-Naphthalenamine
U026
494-03-1 Naphthaleneamine, N,N’-bis(2-chloroethyl)-
103—32 1

-108-
U165
91-20—3
Maphthalene
U047
91—58—7 Naphthalene,
2—chloro—
U166
130—15-4 1,4—Naphthalenedione
U236
72—57—1 2,7—Maphthalenedisulfonic acid,
3,3’—(3,3’—dimethyl-
1,1’—biphenyl—4,4’—diyl)bis(azo-)bis5—amino-4—
hydroxy-,
tetrasodiuni
salt
U166
130—15—4 1,4—Naphthoquinone
U167
134—32—7
alpha-Maphthylamine
U168
91-59—8 beta-Naphthylamine
U2l7 10102—45—1 Nitric
acid,
thallium (1÷)salt
Ul69
98-95—3 Nitrobenzene (I,T)
U170
100—02—7 p—Nitrophenol
U17l
79-46—9 2-Nitropropane
(1,1)
Ui72
924-16-3 M-Nitrosodi-n-butylamine
U173
1116-54-7 N-Nitrosodiethanolamine
U174
55-18—5 N—Nitrosodiethylamine
U176
759—73—9 N-Nitroso-N-ethylurea
U177
684-93—5 M-Nitroso-N-methylurea
U178
615—53—2 N—Nitroso-N—methylurethane
U179
100-75—4 N—Mitrosopiperidine
U180
930—55-2 N-Nitrosopyrrolidine
U18l
99-55—8 5-Nitro-o-toluidine
Ui93
1120-71—4 1,2—Oxathiolane,
2,2-dioxide
U058
50-18—0 2H-l,3,2—Oxazaphosphorin—2-amine, N,N—bis(2—
chloroethyl)tetrahydro—,
2—oxide
U115
75-21-8 Oxirane
(I,T)
U126
765-34—4 Oxiranecarboxyaldehyde
U041
106-89—8 Oxirane, (chloromethyl)-
U182
123-63—7 Paraldehyde
U183
608-93—5 Pentachlorobenzene
U184
76-01—7 Pentachloroethane
U185
82—68-8 Pentach1oronitroben~ene(PCNB)
See
F027
87-86-5
Pentachlorophenol
U16i
108-10-1 Pentanol, 4-methyl-
U136
504-60—9 1,3-Pentadiene
(I)
U187
62—44—2 Phenacetin
Ul88
108-95—2 Phenol
U048
95—57—8 Phenol, 2-chloro-
UO39
59-50—7
Phenol
,
4-chloro—3-methyl
-
U081
120—83—2 Phenol, 2,4—dichloro—
U082
87-65-0 Phenol, 2,6-dichloro-
U089
56-53-i Phenol, 4,4’-(1,2—diethyl—l,2-ethenediyl)bis—,
(E)—
UiOl
105-67-9 Phenol, 2,4-dimethyl-
U052
1319-77—3 Phenol, methyl—
U132
70-30-4 Phenol, 2,2’—methylenebis3,4,6-trichloro—
U170
100-02-7 Phenol,
4-nitro-
See
F027
87-86—5 Phenol
,
pentachloro—
See
F027
58-90—2 Phenol, 2,3,4,6—tetrachloro-
See
F027
95-95—4 Phenol, 2,4,5—trichloro—
See
103—322

-109-
F027
88—06-2
Phenol,
2,4,6-trichloro-
U150
148-82-3
L-Phenylalanine,
4-bis(2—chloroethyl)aminoJ-
U145
7446—27—7 Phosphoric acid,
lead
(2+) salt (2:3)
U087
3288-58-2 Phosphorodithioic acid,
O,0-diethyl
S-methyl
ester
U189
1314—80-3 Phosphorus sulfide
(R)
U190
85—44-9 Phthalic anhydride
U191
109-06-8
2-Picoline
U179
100-75-4
Piperidine,
1—nitroso-
U192
23950-58-5
Pronamide
Ui94
107-10-8 1-Propanamine
(I,T)
U111
621-64-7 1—Propanamine, N—nitroso-M-propyl-
UllO
142-84-7 1—Propanamine, M-propyl-
(I)
U066
96-12-8 Propane, 1,2-dibronio-3-chloro-
U083
78—87-5 Propane, 1,2-dichioro-
U149
109—77—3 Propanedinitrile
U171
79-46-9 Propane, 2-nitro-
(1,1)
U027
108-60-1 Propane, 2,2’—oxybis2-chloro—
See
F027
93-72-i Propanoic acid,
2-(2,4,5-trichlorophenoxy)-
U193
1120—71-4 1,3-Propane
sultone
U235
126—72-7
1—Propanol, 2,3—dibromo-, phosphate
(3:1)
U140
78-83-1 1—Propanol,
2-methyl—
(I,T)
UOO2
67-64-1 2—Propanone
(1)
U007
79-06-012—Propenaniide
UO84
542—75-6
l—Propene, l,3—dichloro—
U243
1888—71-7 1—Propene, l,l,2,3,3,3—hexachloro—
U009
107—13—1 2-Propenenitrile
U152
126-98-7 2-Propenenitrile, 2-methyl-
(I,T)
UOO8
79-10-7
2-Propenoic acid
(1)
U1i3
140-88-5 2—Propenoic acid,
ethyl
ester
(I)
U1i8
97-63-2 2-Propenoic
acid,
2-methyl-,
ethyl
ester
Ui62
80-62-6 2-Propenoic acid,
2-methyl-, methyl
ester
(I,T)
See
F027
93-72-1
Propionic
acid,
2-(2,4,5—trichlorophenoxy)—
U194
107—10-8
n—Propylamine
(I,T)
U083
78-87-5
Propylene dichioride
U148
123—33-1 3,6—Pyridazinedione,
1,2-dihydro-
Ui96
110—86—i Pyridine
U191
109-06-8 Pyridine, 2-methyl—
U237
66—75—i 2,4—(1H,3H)—Pyrimidinedione, 5-bi s(2—
chloroethyl )amino-
U164
58-04-2
4(1H)-Pyrimidinone,
2,3-dihydro-6-methyl-2-thioxo-
U180
930—55—2
Pyrrolidine,
1—nitroso—
U200
50-55—5 Reserpine
U20i
108-46-3 Resorcinol
U2O2
P
81-07—2 Saccharin and salts
U203
94-59—7 Safrole
U204
7783-00-8
Selenious
acid
U204
7783—00-8 Selenium dioxide
U205
7488-56-4 Selenium sulfide
U205
7488-56—4 Selenium sulfide SeS2
(R,T)
U015
115-02-6 L-Serine, diazoacetate
(ester)
See
F027
93-72—1 Silvex
(2,4,5—IP)
103—323

-110-
U206
18883-66-4
Streptozotocin
U103
77—78—1 Sulfuric acid, dimethyl
ester
U189
1314—80—3 Sulfur phosphide
(R)
See
F027
93—76—5
2,4,5—I
U207
95—94—3
1,2,4,5-Tetrachlorobenzene
U208
630—20—6
1,1,1,2—Tetrachloroethane
U209
79-34—5 1,1,2,2-Tetrachloroethane
U210
127-18—4 Tetrachloroethylene
See
F027
58-90-2 2,3,4,6—Tetrachiorophenol
U213
109-99—9 Tetrah,ydrofuran
(I)
U214
563—68-B Thallium
(I) acetate
(.1215
6533—73—9 Thallium
(I) carbonate
U216
7791-12-0 Thallium
(1) chloride
U216
779i-12-O Thallium chloride T1C1
U217 10102-45—1 Thallium
(I) nitrate
U218
62-55-5 Thioacetamide
Ui53
74—93—i
Thiomethanol
(I,T)
U244
137-26—8 Thioperoxydicarbonic diamide (H2N)C(S)2S2,
tetramethyl
U219
62-56-6 Thiourea
(.1244
137-26-8
Ihiram
U220
108-88-3 Toluene
U221 25376—45—8 Toluenediamine
U223 26471-62-5 Toluene diisocyanate (R,T)
U328
95—53—4 o-Toluidine
U353
106-49-0 p-Toluidine
U222
636-21-5 o-Toluidine hydrochloride
U011
61-82—5 1H—l,2,4—Triazol—3—amine
U227
79-00-5 1,l,2—Trichloroethane
U228
79-01-6 Trichloroethylene
U12i
75-69-4
Trichloromonofluoromethane
See
F027
95-95-4 2,4,5-Trichlorophenol
See
F027
88—06-2 2,4,6-Trichlorophenol
U234
99-35—4 1,3,5-Trinitrobenzene
(R,T)
Ui82
123—63-7 1,3,5-Trioxane, 2,4,6-trimethyl-
U235
126-72—7 Tris(2,3-dibromopropyl
)
phosphate
U236
72—57—1 Trypan
blue
U237
66—75—i Uracil
mustard
Ui76
759—73-9 Urea, N—ethyl-N-nitroso—
U177
684-93-5 Urea, N—methyl-N-nitroso-
U043
75-01-4 Vinyl
chloride
U248
P
81-81—2 Warfarin,
and salts, when present
at concentrations
of 0.3
or
less
U239
1330-20-7
Xylene
(I)
U200
50—55-5 Yohimban-16-carboxylic
acid,
11,17-dimethoxy—18-
(3,4,5—trimethoxybenzoyl
)oxy-,
methyl
ester,
(3beta,l6beta,l7alpha,i8beta,2oalpha)—
U249
1314-84-7 Zinc phosphide Zn3P2, when present
at concentrations
of 10
or less
103—324

—111—
(Source:
Amended
at
13
Ill.
Reg.
,
effective
)
Appendix
G Basis for Listing Hazardous Wastes
EPA
Hazardous constitutents for which listed
hazardous
waste No.
FOOl
Tetrachloroethylene,
methylene
chloride,
trichloroethylene,
1,1,1—
trichioroethane,
carbon
tetrachioride, chlorinated fluorocarbons.
F002
Tetrachloroethylene,
methylene
chloride,
trichioroethylene,
1,1,1—
trichloroethane, 1,1,2-trichloroethane, chlorobenzene,
1,1,2-
trichloro—i,2,2— trifluoroethane, ortho—dichlorobenzene,
trichlorofluoromethane.
FOO3
N.A.
F004
Cresols and cresylic
acid,
nitrobenzene.
FOOS
Toluene,
methyl
ethyl
ketone,
carbon disulfide,
isobutanol,
pyridine,
2-ethoxyethanol,
benzene, 2-nitropropane
F006
Cadmium,
hexavalent chromium,
nickel, cyanide
(complexed).
F007
Cyanide
(salts).
FOO8
Cyanide
(salts).
FOO9
Cyanide
(salts).
FOlO
Cyanide
(salts).
FOil
Cyanide
(salts).
F012
Cyanide (complexed).
F019
Hexavalent chromium, cyanide
(complexed).
F020
Tetra- and pentachlorodibenzo-p—dioxins; tetra- and
pentachlorodibenzofurans; tn- and tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers,
amines and other
sal ts.
F021
Penta— and hexachlorodibenzo-p—dioxins; penta—
and
hexachlorodibenzofurans;
pentachlorophenol
and
its
derivatives.
F022
Tetra-,
penta- and hexachlorodibenzo—p—dioxins; tetra—,
penta— and
hexachlorodi benzofurans.
F023
Tetra- and pentachlorodibenzo-p-dioxins;
tetra- and
pentachlorodibenzofurans;
tn—
and
tetra—
chlorophenols
and
their
chlorophenoxy derivative acids, esters,
ethers, amines
and other
salts.
F024
Chloromethane, dichloromethane, trichloromethane,
carbon
tetrachloride, chloroethylene,
1 ,i-dichloroethane,
i ,2-
dichloroethane, trans—1,2-dichloroethylene,
1,1-dichloroethylene,
1,1,1—trichloroethane,
1,1 ,2—trichloroethane, trichloroethylene,
1,1,i,2—tetrachloroethane,
i,i,2,2-tetrachloroethane,
tetrachloroethylene,
pentachloroethane,
hexachloroethane, allyl
chloride
(3—chloropropene), dichloropropane, dichloropropene,
2-
chloro—1,3—butadiene,
hexachloro—1,3—butadiene,
hexachlorocyclo—
pentadiene,
hexachlorocyclohexane,
benzene,
chlorobenzene,
dichlorobenzenes,
1,2,4-trichlorobenzene,
tetrachlorobenzenes,
pentachlorobenzene,
hexachlorobenzene, toluene,
naphthalene.
F026
Tetra—,
penta—,
and hexachlorodibenzo—p-dioxins; tetra—,
penta—,
and
hexachlorodibenzofurans.
F027
Tetra—, penta—, and hexachlorodibenzo—p—dioxins; tetra-,
penta-,
and
hexachlorodibenzofurans; tn—, tetra—,
and pentachlorophenols and
their chlorophenoxy derivative acids,
esters, ethers,
amine and other
103—325

-112-
salts.
F028
Tetra-,
penta-, and hexachlorodibenzo-p—dioxins;
tetra—, penta-,
and
hexachlorodibenzofurans; tn—, tetra—,
and pentachlorophenols and
their
chlorophenoxy
derivative
acids,
esters,
ethers,
amine
and
other
salts.
KOOl
Pentachiorophenol,
phenol,
2—chlorophenol,
p-chloro—m-cresol,
2,4—
dimethyiphenol,
2,4-dinitrophenol, tnichlorophenols,
tetrachlorophenols,
2,4-dinitrophenol,
cresosote,
chrysene,
naphthalene,
fluoranthene, benzo(b)fluoranthene, benzo(a)pyrene,
indeno(1,2,3—cd)pyrene, benz(a)anthracene, dibenz(a)anthracene,
acenaphthalene.
K002
Hexavalent chromium,
lead.
K003
Hexavalent chromium,
lead.
K004
Hexavalent chromuim.
K005
Hexavalent chromium,
lead.
K006
Hexavalent chromium.
KOO7
Cyanide
(complexed), hexavalent chromium.
K008
Hexavalent chromium.
K009
Chloroform,
formaldehyde, methylene chloride, methyl
chloride,
paraldehyde,
formic
acid.
KOlO
Chloroform,
formaldehyde, methylene chloride, methyl
chloride,
paraldehyde,
formic
acid,
chloroacetaldehyde.
KOll
Acrylonitnile, acetonitrile, hydrocyanic
acid.
K0i3
Hydrocyanic
acid,
acrylonitrile, acetonitnile.
K014
Acetonitrile, acrylamide.
K015
Benzyl
chloride, chlorobenzene, toluene, benzotrichlonide.
K016
Hexachlorobenzene, hexachlorobutadiene,
carbon tetrachioride,
hexachloroethane,
perchloroethylene.
K017
Epichlorohydnin, chloroethers
bis(chloromethyl)
ether and bis—(2—
chloroethyl) ethers,
trichloropropane,
dichloropropanols.
K0i8
1,2—dichioroethane, tnichloroethylene,
hexachlorobutadiene,
hexachlorobenzene.
K0i9
Ethylene dichloride, 1,1,1—trichloroethane, 1,1,2-trichloroethane,
tetrachloroethanes
(i,1,2,2—tetrachloroethane
and
1,1,1,2-
tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride,
chloroform,
vinyl
chloride,
vinylidene
chloride.
K020
Etnylene dichlonide, 1,1,i—tnichloroethane, 1,1,2-trichloroethane,
tetrachloro—ethanes
(1,1,2,2—tetrachloroethane
and 1,1,1,2—
tetrachloroethane),
trichloroethylene,
tetrachloroethylene,
carbon
tetrachlonide, chloroform, vinyl
chloride, vinylidene chloride.
K021
Antimony, carbon tetrachlonide, chloroform.
K022
Phenol, tars (polycyclic aromatic hydrocarbons).
K023
Phthalic anhydride, maleic anhydride.
K024
Phthalic anhydride,
1,4—naphthoguinone.
K025
Meta—dinitrobenzene,
2,4-dinitrotoluene.
K026
Paraldehyde,
pyridines,
2-picoline.
K027
Toluene diisocyanate, toluene—2, 4-diamine.
K028
i,1,i-tnichloroethane,
vinyl
chloride.
K029
1,2-dichloroethane, 1,1,1—trichloroethane,
vinyl
chloride, vinylidene
chloride,
chloroform.
K030
Hexachlorobenzene, hexachlorobutadiene,
hexachloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2—tetrachloroethane,
ethylene dichloride.
KO31
Arsenic.
K032
Hexachlorocyclopentadiene.
103—326

-113—
K033
Hexachlorocyclopentadiene.
K034
Hexachlorocycl opentadiene.
K035
Creosote, chrysene, naphthalene, fluoranthene, benzo(b) fluoranthene,
benzo(a)-pyrene, indeno(1,2,3-cd)
pyrene, benzo(a)anthracene,
dibenzo(a)anthracene, acenaphthalene.
-
K036
Toluene, phosphorodithioic and phosphorothioic acid esters.
K037
Toluene, phosphorodithioic and phosphorothioic acid esters.
K038
Phorate, formaldehyde, phosphorodithioic and phosphorothioic acid
esters.
K039
Phosphorodithioic
and
phosphorothioic
acid
esters.
K040
Phorate,
formaldehyde,
phosphorodithioic
and
phosphorothioic
acid
esters.
KO41
Toxaphene.
K042
Hexachlorobenzene, ortho-dichlorobenzene.
K043
2,4—dichiorophenol, 2,6—dichlorophenol, 2,4,6-trichlorophenol.
K044
N.A.
KO45
N.A.
K046
Lead
K047
N.A.
K048
Hexavalent
chromium,
lead.
K049
Hexavalent chromium,
lead.
K050
Hexavalent
chromium.
K05i
Hexavalent chromium,
lead.
K052
Lead
K060
Cyanide, naphthalene, phenolic compounds, arsenic.
K06l
Hexavalent chromium,
lead, cadmium.
K062
Hexavalent chromium,
lead.
K064
Lead,
cadmium
K065
Lead,
cadmium
K066
Lead, cadmium
K069
Hexavalent chromium,
lead,
cadmium.
K07l
Mercury.
K073
Chloroform,
carbon
tetrachlonide, hexachloroethane,
trichloroethane,
tetrachloroethylene,
dichloroethylene,
1,1 ,2,2-tetrachloroethane.
KO83
Aniline,
diphenylamine,
nitrobenzene,
phenylenediamine.
K084
Arsenic.
KO85
Benzene, dichlorobenzenes, trichlorobenzenes, tetrachlorobenzenes,
pentachlorobenzene, hexachlorobenzene,
benzyl
chloride.
K086
Lead,
hexavalent chromium.
K087
Phenol, naphthalene.
K088
Cyanide
(complexes)
KO9O
Chromium
K091
Chromium
K093
Phthalic anhydnide maleic
anhydride.
K094
Phthalic anhydride.
K095
1,l,2—trichloroethane, 1,1,1,2—tetrachloroethane, 1,1,2,2-
tetrachloroethane.
K096
i,2-dichloroethane, 1,i,i,-trichloroethane, 1,i,2-trichloroethane.
K097
Chlordane, heptachlor.
KO98
Toxaphene.
KO99
2,4—dichlorophenol
,
2,4,6-trichlorophenol.
K100
Hexavalent
chromium,
lead, cadmium.
KiOl
Arsenic.
Kl02
Arsenic.
103—327

-114—
K103
Aniline,
nitrobenzene,
phenylenediarnine.
K104
Aniline,
benzene,
diphenylamine,
nitrobenzene, phynylenediamine.
K105
Benzene,
rnonochlorobenzene,
dichlorobenzenes,
2,4,6—tnichlorophenol.
K106
Mercury.
Klll
2,4—Dinitrotoluene.
K1l2
2,4-Toluenediamine, o-toluidine,
p-toluidine, aniline.
K113
2,4—Toluenediamine,
o—toluidine,
p—toluidine,
aniline.
K114
2,4-Toluenediamine, o—toluidine,
p—toluidine.
K115
2,4-Toluenediamine.
K1l6
Carbon tetrachlonide, tetrachloroethylene, chloroform, phosgene.
K117
Ethylene
dibromide
Kll8
Ethylene dibromide
K123
Ethylene thiourea
K124
Ethylene thiourea
K125
Ethylene
thiourea
K126
Ethylene thiourea
K136
Ethylene dibromide
N.A.——Waste
is
hazardous because
it
fails the
test for the characteristic of
ignitability, corrosivity
or reactivity.
(Source:
Amended
at
13 Ill. Reg.
,
effective
)
103—328

-115—
Acetonitri
le
Acetophenone
2-Acetylarninofluorene
Acetyl chloride
1—Acetyl—2—thiourea
Acrolein
Acrylamide
Acrylonitri le
Aflatoxins
Ald I c arb
Aldrin
Allyl
alcohol
Aluminum phosphide
4—Aminobiphenyl
~i—(Aminomethyl
)
—3—isoxazol ol
4-Arninopy rid me
Amitrole
Aminonium
vanadate
Aniline
Antimony
Antimony
compounds.
N.0.5.
(not
otherwise specified)
Aramite
Azaserine
Barium
compounds,
N.0.S.
acid
pentoxi de
trioxide
Barium compounds. N.0.S.
Barium cyanide
BenzCcacridine
Same
Ethanone, 1—phenyl-
Acetamide, N-9H-fluoren-2-yl-
Same
Acetarnide, N-(aminothioxomethyl)—
2—Propenal
2—Propenami de
2—Propenenitri le
Same
Propanal, 2-methyl-2-(methylthio)-,
0—(methylamino)carbonyl
Joxime
1,
4,
5, 8—Dimethanonaphthalene,
1,
2.
3.
4.
10.
10—hexachloro—1,
4,
4a,
5,
8, 8a—hexahydro-,
1—alpha,
4—
alpha, 4a-beta, 5-alpha. 8-alpha.
8a-
beta)-
2Propen-1-01
Same
1,1’
—Biphenyl 1—4—amine
3(2H)-Isoxazolone, 5—(aminomethyl)—
4—Pyrid
i namine
1H—1 ,2,4-Triazol—3-amine
Vanadic acid, arnonium salt
Benzenamine
Same
Sulfurous
acid, 2—chloroethyl—,
2—4—
(1 .1—dimethylethyl )phenoxy—1--
rnethylethyl ester
Arsenic
Arsenic acid H3AsO4
Arsenic oxide As205
Arsenic oxide As203
Benzenamine, 4. 4’—
carbonimidoylbisN,
N—dimethyl-
L—Serine, diazoacetate (ester)
Same
Same
Same
Chemical
Abstracts
Number
75-05—8
98-86—2
53-96-3
75-36—5
591-08—2
107—02—8
79-06—1
107—13—1
1402-68-2
116-06-3
Hazardous
Waste
Number
309-00—2
P004
107—18—6
P005
20859—73-8
P006
92-67-1
2763-96-4
P007
504—24-5
P008
61-82-5
U011
7803-55—5
UU9
62—53-3
U012
7440-36-0
115—02—6
U015
7440-39-3
542—62-1
P013
225—51—4
U016
Section 721.Appendlx H
Hazardous Constituents
Coninon
Name
Chemical Abstracts Name
U003
U00 4
u00 5
U00 6
P002
P003
U00
7
u009
P070
Arsenic
Arsenic
Arsenic
Arsenic
Arsenic
Auramine
140—57—8
7440-38-2
7778—39—4
1303—28-2
1327-53—3
492-80-8
Polo
Poll
P012
U014
103—3 29

-116-
Benzta )anthracene
Benzal chloride
Benzene
Benzenearsonic acid
Benzidlne
BenzobJfluoranthene
Benzojlfluoranthene
Benz aa
I
py rene
p-Benzoqu inone
Benzotrichloride
Benzyl chloride
Beryllium
Beryllium compounds, N.0.S.
Bromoacetone
Bromoform
4-Bromophenyl
phenyl
ether
Bru cine
Butyl
benzyl
phthalate
Cacodylic
acid
Cadmium
Cadmium compounds, N.0.S.
Calcium chromate
Calcium cyanide
Carbon disulfide
Carbon
oxyfluoride
Carbon tetrachloride
Chloral
Cilorambu cii
Ch 1
ordane
Chlordane,
alpha
and gama isomers
Chlorinated benzenes. N.0.S.
Chlorinated ethane, N.0.S.
Chlorinated fluorocarbons, N.0.5.
Chlorinated naphthalene. N.0.S.
Chlorinated phenol, N.0.5.
Chlornaphazine
Chloroacetaldehyde
Chloroalkyl
ethers,
Pi.0.S.
p—Chloroaniline
Chl orobenzene
Chlorobenzi late
Same
Benzene,
(dlchloromethyl
)—
Same
Arsonlc acid,
phenyl—
1,11
—Biphenyl)-4.4’ —diamine
Benzeacephenanthrylene
Same
Same
2.5-Cyclohexadiene-1,4—dlone
Benzene,
(trichloromethyl)-
Benzene,
(chloromethyl
)—
Same
2-Propanone,
1—bromo-
Methane, tribromo-
Benzene, 1—bromo—4—phenoxy-
Strychnidin-lO-one. 2,3-dimethoxy-
1,2—Benzenedicarboxylic
acid,
butyl
phenylrnethyl ester
Arsenic acid, dimethyl-
Same
Chromic acid H2CrO4, calcium salt
Calcium cyanide Ca(CN)2
Same
Carbonic difuoride
Methane, tetrachloro—
Acetaldehyde,
trichloro—
Benzenebutanoic
acid, 4—bis(2-
chloroethyl )amino—
4, 7—Methano—1H-indene,
1,
2,
4,
5,
6,
7,
8, 8—octachloro—2,
3,
3a,
4,
7,
7a—hexahydro—
Naphthalenamine,
N, N—bis(2—
ch loroethyl
)
Acetaldehyde, chloro—
Benzenamine, 4-chioro-
Benzene, chloro-
Benzeneacetic
acid,
4—chloro—alpha
(4-chlorophenyl )-alpha-hydroxy-,
ethyl
ester
56—55—3
98-87-3
71—43-2
98-05-5
92-87—5
205—99-2
205-82—3
50-32-8
106—51—4
98-07—7
10 0—44-7
7440-41-7
598—31—2
75—25—2
101—55—3
357—57—3
85-68-7
75-60—5
13136
7440—43-9
IJOI 8
U017
U018
U021
13022
11197
11023
P028
P015
P017
U225
U030
Polo
13765—19-0
592—01—8
75—15-0
353—50—4
56-23-5
75-87-6
305-03—3
U03
2
P021
P022
U 033
U211
13034
U035
57-74-9
U036
U03 6
494—03-i
U026
107-20-0
P023
106-47 -8
108—90—7
5 10-15—6
P024
11037
U038
103—330

—117—
p-Ch1oro—m—cres ol
2-Chloroethyl
vinyl
ether
Chloroform
Chioromethyl methyl
ether
beta—Chloronaphthalene
o—Chloropheno
1-(o—Chlorophenyl )thiourea
Ch 1oroprene
3-Chloropropionitri le
Chromium
Chromium compounds, N.0.S.
C hrysene
Citrus
red
No.
2
Coal
tar creosote
Copper cyanide
Creos ote
Cresols
(Cresylic acid)
Crotonaldehyde
Cyanides
(soluble
salts
and
complexes),
N.0.5.
Cyanogen
Cyanogen bromide
Cyanogen chloride
Cycasin
2—Cyclohexyl—4,6—dinitrophenol
Cyclophosphamide
Phenol, 4-chloro-3-methyl -
Ethene,
(2—chloroethoxy)-
Methane, trichloro—
Methane, chloromethoxy—
Naphthalene,
2—chloro—
Phenol, 2—chloro—
Thiourea,
(2-chlorophenyl)—
1,3—Butadiene,
2—chloro--
Propanenitrile,
3-chloro—
Same
Same
2—Naphthalenol,
1—(2,
5—
dimethoxyphenyl )azol-
Same
Copper cyanide CuCN
Same
Phenol, methyl—
2-Butenal
Ethanedinitri
le
Cyanogen
bromide
(CN)Br
Cyanogen
chloride
(CN)Cl
Beta-D-glucopyranoside.
(methyl—ONN—
azoxy )methyl
Phenol,
2—cyclohexyl—4,6—dinitro—
2H—1,
3, 2—Oxazaphosphorin—2-amine,
N, N-bis(2—chloroethyl )tetrahydro-,
2-oxide
59-50—7
110—75—8
67—66—3
107—30—2
91-58-7
95-57-8
5344-82-1
126-99-8
542—76—7
7440—47-3
218-01—9
13050
6358-53-8
8007-45—2
544-92—3
1319—77—3
4170-30-3
460—19—5
50 6-68-3
506-77-4
14901-08-7
131-89-5
P034
50—18—0
U058
2,
4—0
2,4—D,
salts
and
esters
Daunomycin
DOD
DDE
DOT
Diallate
Dibenza,hacridine
Acetic
acid,
(2,4-dichlorophenoxy)-
Acetic
acid,
(2,4—dichlorophenoxy)—.
salts
and
esters
5, 12—Naphthacenedione. 8—acetyl—10—
(3—amino-2,
3, 6-trideoxy-alpha-L—
lyxo-hexopyranosyl)oxy-7,
8,
9, 10-
tetrahydro—6, 8, ii—trihydroxy—l-
methoxy-, 85—cis)-
Benzene,
1,1’—(2,2-
dlchloroethylidene)bis4—chloro—
Benzene,
1,
1’—
(dichloroethenyl idene)bis 4-chloro-
Benzene,
1,
1’—(2,
2,
2—
trichloroethylidene)bis4—chloro—
Carbamothioic
acid,
bis(1—
methylethyl)-, S—(2,
3-dichloro-2—
propenyl) ester
Same
94-75-7
U240
U240
20830—81-
3
13059
72-54-8
U000
72-55-9
50-29-3
13061
2303-16-4
11062
226-36-8
U039
13042
13044
13046
13047
11048
P026
P027
P029
13051
13052
U053
P030
P031
U246
P033
103—33 1

-118—
Oibenzta,j)acridine
Dibenzta,h)anthracene
7H—Dlbenzoc,g)carbazole
Dibenzoa,e)pyrene
Dlbenzoa,hpyrene
Dibenzoa,
Ipyrene
1 ,2-Dibromo—3—chloropropane
Olbutyl
phthalate
o-Oichlorobenzene
m—Oich
1 orobenz ene
p—D ich lorobenzene
Dichlorobenzene,
N.0.S.
3,3’ —Dichlarobenzidine
1 ,4-Dichloro—2—butene
Dichlorodifluoromethane
Dichloroethylene, N.0.5.
1 ,1—Dichloroethylene
1,2—Dichloroethylene
Dichloroethyl
ether
Dichloroisopropyl ether
Dichloromethoxyethane
Dichloromethyl ether
2,4—Dichloraphenol
2,6—Oichlorophenol
Dichlorophenylarsine
Dichioropropane, ~L0.S.
Dichloropropanol, N.O.S.
Oichloropropene,
N.O.S.
1 ,3—Dichloropropene
Dieldrin
1 ,2:3,4-Diepoxybutane
Diethylarsine
I.4—Diethyleneoxide
Diethylhexyl phthalate
N,N’ —Diethylhydrazme
0,0—Diethyl
S-methyl dithiophosphate
Diethyl—p—nitrophenyl phosphate
Same
Same
Same
Naphtho1
,2,3,4—defchrysene
Dlbenzotb,deflchrysene
Benzorst)pentaphene
Propane,
i,2-dibromo—3—chloro-
1,2—Benzenedicarboxyllc
acid,
dibutyl
ester
Benzene,
1,2—dichloro—
Benzene, 1,3-dichloro-
Benzene, i,4—dichloro-
Benzene, dichioro-
(1, 1’—Biphenyl)—4,
4’—diamine,
3,
3’ —dichloro-
2—Butene,
1,4—dichloro—
Methane, dichlorodifluoro-
Dich loroethylene
Ethene, i,1—dichloro—
Ethene, 1,2—dichloro—,
(E)—
Ethane, i,1’-oxybis2-chloro-
Propane, 2,2’—oxybisC2-chloro—
Ethane, 1,l’—methylenebis(oxy)bis2—
chloro-
Methane, oxybischloro—
Phenol, 2,4—dichioro—
Phenol, 2,6-dichloro—
Arsonous dichloride, phenyl-
Propane, dichloro—
Propanol, dichioro—
1—Propene,
dichioro—
1—Propane,
i,3—dichloro—
2, 7:3, 6—Dimethanonaphth2,
3-bloxi-
rene,
3,
4,
5, 6,
9,
9—hexachloro—Ia,
2,
2a,
3,
6,
6a, 7, 7a—octahydro—.
(la
alpha,
2
beta,
2a alpha,
3
beta,
6
beta, 6a alpha,
7 beta,
7a alpha)—
2,2’ —Bioxirane
Arsine, diethyl—
1,4—Dioxane
i,2—Benzenedicarboxylic
acid, bis(2—
ethylhexyl) ester
Hydrazine,
i,2-diethyl—
Phosphorodithioic acid,
0,0—diethyl
S—methyl
ester
Phosphoric acid,
diethyl
4—
nitrophenyl ester
224-42-0
53 -70—3
194-59-2
192-65-4
189-64-0
189—55—9
96-12-8
84—74—2
95—50—i
541 —7 3—1
106-46—7
25321—22—6
9 1—94—1
764-41-0
75
—7
1—8
25323—30—2
75—35—4
156-60—5
111—44 —4
108—60-1
111—91—1
542—88—i
120—83-2
87-65—0
696-28-6
26638-19-7
26545—73—3
26952—23—8
542-75-6
60-57—1
13063
13064
13066
13069
U07 0
11071
13072
11073
U074
11075
U078
11079
11025
U027
11024
P016
11081
11082
P036
U08 4
P037
13085
P038
U 108
11028
1464—53—5
692-42-2
123—91—1
117
—B 1—7
1615-80-i
13086
3288—58-2
U087
311-45—5
P041
103—332

—119—
Diethyl
phthalate
0,0—Dlethyl
0-pyrazinyl
phosphorothloate
Diethylsti lbestrol
Dihydrosafrole
Diisopropylfluorophosphate
(DFP)
Dirnethoate
3,3’ —Dimethoxybenzidine
p-Dimethylaini noazobenz ene
7,12—Dimethylbenzaanthracene
3,3’—Dimethylbenzidine
Dimethylcarbamoyl chloride
1,l—Dimethylhydrazine
1
,2—Dimethylhydraz
me
alpha,alpha—Dirnethylphenethylamine
2, 4—Dimethyl phenol
Diniethylphthalate
Dimethyl
sulfate
Dinitrobenzene,
N.0.S.
4, 6—Dinitro—o—cresol
4,6—Din itro—o—cresoi
salts
2,4—0
mi
trophenol
2,4—D initrotoluene
2,6—Dinitrotoluene
Dinoseb
Di—n—octyl
phthalate
Diphenylamine
I ,2—Diphenylhydrazme
Di—n—propylnitrosamine
Disulfoton
0 ithiobiuret
Endosul fan
ester
Phosphorothlolc acid,
0,0—dlethyl
0—
pyrazinyl ester
Phenol, 4,4’—(1,2-diethyl—1,2—
ethenedlyl)bis—,
(E)—
1,3—Benzodioxole, 5-propyl-
Phosphorofluoridic acid,
bis(1—
methylethyl) ester
Phosphorodithioic acid, 0,0-dimethyl
S—E2-(rnethylamino)—2—oxoethyl
ester
1,1
‘—Biphenyl—4,4’—diamine,
3,3’-
dimethoxy-
Benzenamine, N,N-dimethyl—4—
(phenylazo)
Benzaanthracene,
7,12—dimethyl—
(1,1 ‘—Biphenyl—4,4’—diamine,
3,3’—
dimethyl-
Carbarnic chloride, dimethyl—
Hydrazine,
1,1—dimethyl—
Hydrazine, i,2—diniethyl—
Benzeneethanamine,
alpha,
alpha—
dimethyl
-
Phenol, 2,4—dimethyl-
1,2—Benzenedicarboxylic acid,
dimethyl
ester
Sulfuric
acid, dimethyl ester
Benzene,
dinitro—
Phenol, 2—methyl—4,6—dinitro—
Phenol, 2,4—dinitro—
Benzene,
1-methyl-2,4—dinitro—
Benzene, 2—methyl—1,3—dinitro-
Phenol, 2—(1—rnethylpropyl)—4,6—
dinitro-
I,2—Benzenedicarboxylic
acid,
dioctyl
ester
Benzenamlne,
N—phenyl—
Hydrazine,
1,2—diphenyl-
1-Propanamine,
N—nitroso-N—propyl-
Phosphorodithioic
acid,
0,
0—diethyl
5—2—(ethylthio)ethyl
ester
Thi oimidodicarbonic diamide
(H2N)c(S)2NH
6,
9—Methano-2,
4,
3—benzodioxathie-
pen,
6,
7,
8,
9,
10,
10—hexachlorol,
5,
5a,
6,
9, 9a-hexahydro—, 3-oxide,
84-66-2
13088
297—97—2
P040
56-53-1
U089
94-58-6
U090
55-91-4
P043
60-51-5
P044
119—90-4
U091
60—11—7
U093
57-97-6
U094
119—93-7
U095
105—67—9
UlOi
131—11—3
U102
77-78-i
25 154—54—5
534-52-1
117—84—0
U107
122-39-4
122-66-7
621—64—7
298-04-4
541-53-7
P049
115-29-7
P050
1,2—Benzenedicarboxylic
acid,
dlethyl
79—44-7
57—14—7
540—73-8
122 —09—8
13097
U098
13099
P046
13103
P047
P047
P048
11105
U106
P020
51—28-5
121—14—2
606-20-2
88-85-7
13109
U’’’
P039
103—333

-120-
Endrin
metabolites
Epichlorohydrin
Epinephrine
Ethyl
carbamate
(urethane)
Ethyl
cyanide
Ethylenebisdithiocarbamic acid
Ethylenebisdithiocarbamic
acid, salts
and
esters
Ethylene dibromide
Ethylene dichloride
Ethylene
glycol
monoethyl
ether
Ethyleneimine
Ethylene
oxide
Ethy lenethiourea
Ethylidine dichlorlde
~.thy1methacrylate
7—Oxabicyclo2.2.1)heptane—2,
3-
dlcarboxyllc acid
2, 7:3, 6—Dlmethanonaphtht2, 3—bloxi—
rene,
3, 4,
5,
6, 9, 9—hexachloro-la,
2,
2a,
3,
6, 6a,
7, 7a-octahydro—,
(Ia alpha,
2
beta,
2a
beta,
3 alpha,
6 alpha,
6a beta,
7
beta,
7a alpha)—,
Oxirane,
(chloromethyl
)—
1,2—Benzenediol, 4-i—hydroxy-2—
(methylamino)ethyl—,
(R)—
Carbamic
acid,
ethyl
ester
Propanenitri le
Carbamodithioic
acid,
1,2—
ethanediylbis-
Ethane,
1,2—dibromo-
Ethane,
1,2—dichloro—
Ethanol,
2—ethoxy—
Aziridine
Oxirane
2—Imidazol idinethione
Ethane,
1,1—dichloro—
2—Propenoic
acid, 2—methyl-,
ethyl
ester
P051
106—89—8
13041
51—43—4
P042
Fluoranthene
Fluorine
Flu oroacetarni
de
Fluoroacetic
acid,
sodium
salt
Formaldehyde
Formic
acid
Glycidylaldehyde
Halomethanes, N.0.5.
Heptachlor
Heptachlor
epoxide (alpha, beta
and
gama isomers)
Methanesulfonic
acid,
ethyl
ester
Phosphorothioc
acid,
O-4-
(dimethy
larnmno)suifonylphenyl
0,0-
dimethyl
ester
Same
Same
Acetamide, 2—fluoro-
Acetic
acid..
fluoro—,
sodium salt
Same
Same
Oxiranecarboxaldehyde
4,
7—Methano-1H—indene,
1,
4,
5,
6,
7,
8,
8-heptachloro—3a,
4,
7,
7a-
tetrahydro—
2,
5—Methano-2H—indeno1,
2boxirene,
2,
3,
4,
5,
6,
7,
7—heptachloro-la,
lb.
5,
5a,
6, 6a—hexahydro-,
Cia
alpha,
lb
beta,
2
alpha,
5
alpha,
5a
beta,
6 beta,
6a alpha)—
62—50-0
U119
52—85—7
P097
206—44-0
U120
7782-41-4
P056
P057
P058
U122
13123
U126
76-44-8
P059
Endothal
Endrin
145—73—3
P088
72-20-8
P051
51-79—6
107—12-0
111—54—6
10 6—93-4
107-06-2
110—80—5
151—56—4
75—21-8
96-45-7
75—34-3
97—63—2
U238
plo’
U114
13114
U067
13077
U359
P054
U115
13116
13076
U1i8
Ethyl
methanesulfonate
Famphur
Heptachlor
epoxide
640—19—7
62 -7 4—8
50-00-0
64-18-16
765-34-4
1024—57-3
103—334

—121—
Hexach 1 orobenzene
Hexachl orobutadiene
Hexachlorocyclopentadlene
Hexachlorodlbenzo—p--dloxlns
Hexachlorodibenzofurans
Hexachl oroethane
Hexach 1orophene
Hexach 1oropropene
Hexaethy
1 tetraphosphate
Hydrazme
Hydrogen cyanide
Hydrogen fluoride
Hydrogen
sulfide
lndeno1,2,3—cd
pyrene
—iron
dex~ran
Isobutyl
alcohol
isodrin
Lead
Lead and
compounds, N.0.S.
Lead acetate
Lead phosphate
Lead subacetate
L indane
Maleic anhydride
Maleic hydrazide
Malononitri le
Melphalan
Mercury
Mercury compounds,
N.0.S.
Benzene, hexachloro-
1,3—Butadlene, 1,1,2,3,4,4—
hexachloro-
1,3-Cyclopentadlene, 1,2,3,4,5,5—
hexach 1oro-
Ethane, hexachloro-
Phenol,
2,2’—tnethylenebis3,4,6—
trlchloro—
1—Propene,
1,1 ,2,3,3,3—hexachloro—
Tetraphosphoric
acid,
hexaethyl
ester
Same
Hydrocyanic acid
Hydrofluoric acid
Hydrogen sulfide H25
Same
Same
1—Propanol
,
2—methyl-
,,
4:5,
8—Dimethanonaphthalene,
1,
2,
3,
4,
10,
10—hexachloro—l,
4,
4a,
5,
8, 8a—hexahydro—,
(1 alpha,
4 alpha,
4a
beta,
5
beta,
8
beta,
8a beta)—,
i,3—Benzodioxole, 5—(1—propenyl)—
1,
3, 4—Metheno-2H-cyclobuta-
cdipentalen—2—one,
1,
la,
3,
3a,
4,
5,
5,
Se,
Sb,
6—decachlorooctahydro—.
2-Butenoic
acid,
2methyl,
7—2,
3-
dihydroxy-2-(1 -methoxyethy
I )-3-
methyl-1-oxobutoxyjrnethyl-2,
3,
5,
7a—tetrahydro—IH-pyrrol iz in-i —yl
ester,
IS—1—alpha(Z),
7(2S*.
3R*),
7a
alpha)—
Same
Acetic
acid,
lead
(2+) salt
Phosphoric acid,
lead
(2+) salt
(2:3)
Lead,
bis(acetato—0)tetrahydroxytri—
Cyclohexane,
1 ,2,3,4,5,6—hexachloro—,
1
alpha,
2
alpha,
3
beta,
4
alpha.
5
alpha,
6
beta)-
2,5—Furandlone
3,6—Pyridazinedione,
1 ,2-dihydro—
Propanedinitri le
L-Phenylalanine,
4—bis(2—
chloroethyl )amino—
Same
118—74-1
U127
87-68-3
(1128
77—47-4
13130
67—72—1
U131
70-30-4
U132
120—58—1
11141
143—50-0
U142
1888-7 1-7
7 57—58—4
302 -01-2
74-90-8
7664-39-3
7783-06-4
193-39-S
9e84—66—4
78-83-I
465—73—6
U243
P062
U133
P063
11134
U135
13137
~39—
13140
P060
Isosafrole
Kepone
Lasiacarpine
303—34-1
U143
7439—92-1
301-04-2
7 446—27—7
13 35—32—6
58-89-9
108-31-6
123-33-1
109—77
—3
148-82-3
UI 44
U145
U146
13129
U147
Ul48
U149
U150
7439-97-6
U151
103—335

—122-
Mercury fulminate
Methacrylonltrile
Methapy rilene
Metholmyl
Methoxych 1 or
Methyl bromide
Methyl chloride
Methylchlorocarbonate
Methyl chloroform
3-Methyicholanthrene
4,4’—Methylenebis(2—chloroaniiine)
Methylene bromide
Methylene chloride
Methyl
ethyl
ketone
(MEK)
Methyl
ethyl
ketone peroxide
Methyl hydrazine
Methyl
iodide
Methyl
isocyanate
2-Methyllactonitri le
Methyl rnethacrylate
Methyl methenesulfonate
Methyl parathion
Methyl thiouracil
Mitornycin
C
MNNG
Mustard gas
Naphthalene
I, 4—Naphthoqu inone
alpha-Naphthylamine
beta—N aphthy lamine
alpha—Naphthylthiourea
Nickel
Nickel
compounds,
N.0.S.
Nickel
carbonyl
Fulminic
acid, mercury
(2+)
salt
2—Propenenitrile, 2—methyl-
1,2—Ethanedlarnine, N,N—dlmethyl-N’—Z—
pyridinyl-N’—(2—thienylmethyl
)-
Ethanlmldothioic acid, N-(methyl-
amino)carbonyl)oxy-,
methyl
ester
Benzene,
1,1’ —(2,2,2—
trichloroethylidene)bis4-methoxy-
Methane, bromo-
Methane, chloro-
Carbonochloridic
acid,
methyl
ester
Ethane,
l,i,1—trichloro—
Benzjaceanthrylene,
i,2—dihydro-3-
methyl
-
Benzenamine, 4,4’—methylenebis2—
chbra-
Methane, dibrorno-
Methane, dichloro-
2 —Butanone
2—Butanone,
peroxide
Hydrazine, methyl-
Methane, lodo-
Methane,
isocyanato—
Propanenitrile,
2—hydroxy—2-methyl-
2—Propenoic
acid,
2—methyl-, methyl
ester
Methanesulfonic
acid,
methyl
ester
Phosphorothioic
acid,
D,D-dimethyl
0—
(4-nitrophenyi)
ester
4—(1H)—Pyrimidinone, 2,3-dihydro-6-
methyl —2-thioxo-
Azirino2’,
3’:3,
4pyrrolo1,
2-
a)indole-4,
7—dione,
6-amino-8-
(aminocarbanyl)oxy)rnethyl—1,Ia,
2, 8,
8a, 8b—hexahydro-8a-methoxy—5—
methyl—, la—S—(la
alpha, 8 beta, Ba
alpha,
8b alpha)—,
Guanidine,
N—methyl—N’—nitro—N—
nitroso-
Ethane, i,1’—thiobis2—chloro—
Same
1 ,4-Naphthalenedione
1—Naphthalenamine
2-Naphthalenamine
Thiourea, 1—naphthalenyl—
Same
Nickel
carbonyl Ni(C0)4,
(T—4)—
66-27-3
298—00—0
P071
56—04—2
U164
50-07—7
U0l0
70—25—7
U163
505-60—2
91-20-3
130—15—4
134-32 —7
91-59-8
86-88-4
7440-02—0
13463-39-3
P073
628-86-4
126-98-7
91—80—5
P065
13152
13155
16752—77-S
P066
72—43—5
U247
74-83-9
74-87-3
79-22-i
71-55-6
56-49-S
13029
U045
Ui56
11226
11157
101-14-4
U158
74-95-3
75—09-2
78-93-3
1338—23-4
60-34-4
74-88-4
624-83-9
75—86—5
80-62-6
11068
U080
UIS9
U160
P068
U138
P064
P069
U162
11165
U166
11167
13168
P072
103—336

-123-
Nickel cyanide
Nicotine
Nicotine salts
Nitric oxide
p—Nitroanlline
Nitrobenzene
Nitrogen dioxide
Nitrogen mustard
Nitrogen mustard,
hydrochloride salt
Nitrogen mustard N—oxide
Nitrogen mustard, N-oxide,
hydrochloride salt
Nitroglycerin
p—N itrophenol
2—N itropropane
Nitrosamines, N.0.5.
N—Nitrosodi —n-butylamine
N—Nitrosodiethanolamine
N-Nltrosodiethy lamine
N—Nitrosodimethy bamine
N-N itroso—N—ethylurea
N—Nitrosomethy lethylamine
N—Nitroso—N—methylurea
N—N itroso—N—methylurethane
N—N
itrosorneth~lviny lamine
N—Nitrosornorpholme
N-N itrosonornicotine
N —Nitrosopiperidine
N-Nitrosopyrrolidine
N—Nitrososarcosine
S—Nitro-o-toluidine
Dctamethyl pyrophosphoramide
Osmium tetroxide
Paraldehyde
Parathion
Pentachlorobenzene
Pentachiorodibenzo—p—iioxins
Pen ta chbrodibenzofura ns
Pentach boroethane
Pentachboronitrobenzene
(PCNB)
Pentachborophenol
Phenacetin
Nickel cyanide Ni(CN)2
Pyridine, 3—(1—methyl—2—
pyrrolidinyl)—,
Cs)-
Nitrogen oxide NO
Benzenamine, 4—nitro-
Benzene, nitro—
Nitrogen oxide
NO2
Ethanarnine, 2—chboro—N—(2—
ch loroethyl
)
-N—methyl
Ethanamine, 2-chboro—N—(2—
chloroethyl)—N—methyl—, N-oxide
1,2,3—Propanetriol,
trinitrate
Phenol, 4-nitro—
Propane, 2—nitro—
1—Butanamine,
N—butyb—N—nitroso-
Ethanol, 2,2’—(nitrosoimlno)bis-
Ethanamine, N—ethyb—N-nitroso—
Methanamine, N—methyl-N—nitroso-
Urea, N-ethyl—N—nitroso-
Ethanamine, N—methyl-N-nltroso-
Urea,
N—methyl—N—nitroso—
Carbamic
acid, methylnitroso—,
ethyl
ester
Vinyl~mine,N-rnethyl-N-nitroso-
Morpholine,
4-nitroso—
Pyridine, 3—(1—nitroso—2-
pyrrolidinyl)—,
CS)-
Piperidine, 1—nitroso—
Pyrrolidine, 1—nitroso—
Glycine, N-methyl-N—nitroso—
Benzenamlne, 2—methyl—5—nitro—
Diphosphoramide, octamethyl-
Osmium
oxide
0504,
(T-4)
1,3,5—Trioxane,
2,4,6—trimethyl—
Phosphorothioic acid,
0,0-diethyl 0—
(4—nitrophenyl
)
ester
Benzene, pentachloro-
557—19—7
P074
54—11—5
P075
P075
P076
P077
P078
P078
55-63—0
P081
100—02—7
13170
79-46—9
13171
35576—91—1
924—16—3
11172
1116—54—7
U173
55-18—S
U174
62—75—9
P082
759—73—9
11176
10595—95—6
684—93-5
13177
61S-S3—2
11178
4549-40—0
P084
59-89-2
16 543-55-8
100—75—4
Ui79
930—55—2
13180
13256—22—9
99-55—8
U18i
152—16—9
P085
20816-12—0
P087
123-63-7
U182
56-38-2
P089
608—93-5
11183
10102—43—9
100—01—6
98-95-3
10102 -44-0
51 —75—2
126-85—2
Ethane, pentachboro—
76-01-7
11184
Benzene, pentachboronltro-
82-68-8
13185
Phenol, pentachloro—
Acetamide,
N-(4—ethoxyphenyl)-
87-86—S
62-44-2
See
11187
F027
103—33 7

-124—
Phenol
Phenylenediamine
Phenylmercury acetate
Phenyithiourea
Phos gene
Phosphine
Ph orate
Phthalic acid esters, N.0.5.
Phthabic anhydride
2—Picolme
Polychlorinated biphenyls,
N.0.S.
Potassium cyanide
Potassium silver cyanide
Pronamide
1,3-Propane sultone
n—Propylamine
Propargyb alcohol
Propylene dichboride
1 ,2—Propybenimine
Propylthiouracil
Same
Benzenedlamlne
Mercury,
(acetato—0)phenyl—
Thiourea, phenyl-
Carbonic dichloride
Same
Phosphorodithioic acid,
0,0—diethyl
S-(ethylthio)methyl)
ester
I ,3-Isobenzofurandione
Pyridine, 2-methyl-
Same
Argentate(1—), bis(cyano-C)—,
potassium)
Benzamide,
3,5—dlchboro—N—(1,1—
dirnethyb-2—propynyl
)-
1,2-Oxathiolane, 2,2—dioxide
1—Propanamine
2—Propyn—I-01
Propane, 1,2—dichloro—
Aziridine, 2—methyl-
4(1H)—Pyriinidinone,
2,3—dihydro—6—
108—95—2
13188
25265—76—3
62-38-4
P092
103—85—5
P093
75-44-5
P095
7803—51—2
P096
298-02-2
P094
85—44-9
11190
109-06-8
U191
151-50-8
P098
506—61-6
P099
23950—58—
U192
5
1120—71-4
U193
107-10—8
U194
107-19-7
P102
78-87-5
U083
75—55-8
P067
51—52 —5
propyl-2-thioxo-
Res orci nol
Saccharin
Saccharin salts
Safrole
Selenium
Selenium compounds,
N.0.5.
Selenium dioxide
Selenium sulfide
Sebenourea
Si lver
Silver compounds,
N.O.S.
Silver cyanide
Siivex (2,4,5—TP)
Sodium cyanide
Streptozotocin
Same
Yohimban—16—carboxylic
acid,
11,
17—
dimethoxy—18—(3,
4,
5—
trirnethoxybenzoyl)oxy-,
methyl
ester,
(3 beta,
16 beta,
17 alpha,
18
beta,
20 alpha)—.
1
,3-Benzenediob
1 ,2—Benzisothiazol—3(2H)—one, 1,1—
dioxide
i,3—Benzodioxole, 5—(2-propenyl)—
Same
Selenious acid
Selenium sulfide Se52
Same
Same
Silver
cyanide
AgCM
Propanoic
acid,
2—(2,4,5—
trich lorophenoxy)
-
Sodium cyanide NaCN
0-Glucose,
2-deoxy-2-
methylnitrosoamino)carbonylamino-
110-86—1
13196
50—55—5
13200
108—46—3
13201
81-07-2
U202
U202
94-59-7
U203
7782-49—2
7783—00-8
7488—56—4
630—10—4
7440—22-4
506—64-9
P104
93—72—1
See F027
143—33-9
P106
18883-66—
U206
4
Pyridir’.e
Reserpiiie
U204
U2OS
P103
103—338

—125—
—Sbront+ern
,e+F4de
Strychnine
Strychnine salts
TC 00
1 ,2,4,5—Tetrachlorobenzene
Tetrachborodlbenzo-p-dioxlns
Tetrachborodibenzofurans
Tetrachloroethane, N.O.S.
1,1,1 ,2—Tetrachboroethane
1,1 ,2,2—Tetrachloroethane
Tetrachloroethybene
2 ,3,4,6—Tetrach 1orophenol
Tetraethyldithiopyrophosphate
Tetraethyl
lead
Tetraethyl pyrophosphate
Tetranitromethane
Thallium
Thallium
compounds
Thallic oxide
Thallium
(I) acetate
Thallium
(I)
carbonate
Thallium
(I) chloride
Thallium
(I)
nitrate
Thallium
selenite
Thallium
(I)
sulfate
Thioacetami
de
Triiofarox
Thiomethanol
Thiophenol
Thiosemicarbazide
Thiourea
Th I ram
Toluene
Toluenediamine
Toluene—2,4-diamlne
Toluene—2,6—diamine
Toluene-3,4—diamine
Toiuene
di isocyanate
o—Toluidine
o—Toluidine hydrochloride
p-Toluidine
Stra~t+em~e~f+de
SrS
Strychnidln—10—one
Dlbenzob,e1,4dioxln,
2,3,7,8—
tetrach loro—
Benzene, 1,2,4,5—tetrachboro—
ester
Plumbane, tetraethyl—
Diphosphoric acid,
tetraethyl
ester
Methane, tetranitro—
Same
Thallium
oxide
Tl203
Acetic acid,
thallium
(1+) salt
carbonic acid, dithallium
(1+) salt
Thallium chloride TbCl
Nitric acid, thallium
(1+) salt
Selenious acid, dithallium
(1+) salt
Sulfuric
acid,
dithallium
(1+)
salt
Ethaneth i oaml de
2—Butanone,
3,3—d~nethyl—1—
(methyithio)-,
0—
(methylamino)carbony
1
Joxime
Niethanethi ol
Benzeneth iol
Hydraz inecarboth ioami de
Same
Thioperoxydicarbonic diamide
(H2N)C(S)252,
tetramethyl-
Benzene, methyl-
Benzenediamiie, ar—methyl
-
1,3—Benzenediamine, 4—methyl—
l,3-Benzenediamine, 2—methyl—
1,2—Benzenediamine,
4—methyl—
3enzene,
1,3—diisocyanatomethyl—
Benzenamine, 2-methyl—
Benzeneamine,
2—methyl—,
hydrochloride
Benzenamine,
4—methyl—
3~4—96-~P~8~—
57-24—9
P108
1746-01-6
P108
95—94-3
11207
78 —00—2
107—49-3
509—14-8
7440-28-0
108—88—3
13220
25376-45—8
U221
95-80-7
823—40-5
496—72—0
26471-62-S
11223
95-53-4
11328
636—21 —5
U222
106—49—0
U353
Ethane,
tetrachboro-,
N.0.S.
25322—20—7
Ethane,
1,I,I,2—tetrachloro-
630—20—6
U208
Ethane,
1,1,2,2—tetrachboro—
79—34—5
U209
Ethene, tetrachloro—
127—18—4
13210
Phenol, 2,3,4,6—tetrachioro-
Thiodiphosphoric
acid,
tetraethyl
58—90—2
3689-24—S
See
P109
F027
P110
Pill
P112
P113
13214
U21S
U216
U217
P114
P115
U218
P045
11153
P014
P116
P219
13244
13 14-32—5
563-68-8
6533 —73-9
7791—12—0
10 102-45—1
12039-52—0
7446-18-6
62-55—5
39196-18-
4
74-93-1
108—98—5
79-19-6
62-56-6
137—26-8
103—339

-126-
Toxaphene
I ,2,4—Trlchlorobenzene
1,1 ,2—Trlchloroethane
Trichboroethylene
Trichloromethanethjol
I rich 1oromonof 1 uoromethane
2,4, 5-Trichlorophenol
2.4, 6-Trichlorophenol
2,4,5-T
Trichboropropane, N.0.S.
1 ,2,3—Trichloropropane
0,0,0—Triethyb
phosphorothioate
Same
Benzene, l,2,4—trichloro-
Ethane, l,l,2—trichloro-
Ethene, trichloro-
Methanethiol, trlchboro—
Methane, trichborofluoro-
Phenol, 2,4,5—trichloro—
Phenol, 2,4,6—trichboro—
Acetic
acid,
(2,4,5—
trichborophenoxy)—
Propane, l,2,3-trichboro-
Phosphorothioic
acid,
0,0,0-triethyl
ester
8001—35-2
120—82-1
79-00—5
79—01-6
75—70—7
75—69-4
95—95-4
88
-06-2
93—76-5
25735—29—9
96-18—4
126-68-1
1,3, 5-Trinitrobenzene
Tris(l—azirldinyl)phosphine sulfide
Tris(2,3—dibrornopropyl) phosphate
Trypan blue
Uracil
mustard
Vanadium
pentoxide
Vinyl
chloride
Warfarin
Warfarin
salts, when present at
concentrations less
than 0.3.
Warfarin
salts, when present at
concentrations
greater
than
0.3.
Zinc cyanide
Zinc phosphide
Zinc
phosphide
Benzene, 1,3,S—trinitro—
Aziridine,
1,1’,l’—
phosphinothioylidynetris—
1-Propanol,
2,3-dibromo—, phosphate
(3:1)
2,7—Naphthalenedisubfonic
acid,
3,3’—
(3,3’—dimethyll,l’
—biphenyl—4,4’
diyl )bis (azo) blsS—amlno-4—hydroxy—,
tetrasodiurn salt
2,4—(1H,3H)—Pyrimidlnedione, 5—
bis
(2—ch loroethyl )arnino—
Vanadium
oxide
V205
Ethene, chloro—
2H-1-Benzopyran-2—one,
4-hydroxy—3-
(3-oxo-1-phenylbutyl)-,
when present
at concentrations
less than 0.3.
2H-1-Benzopyran-2-one, 4-hydroxy-3-
(3—oxo—1—phenybbutyl)—, when present
at concentrations greater than
0.3.
Zinc cyanide Zn(CN)2
Zinc phosphide P2Zn3, when present at
concentrations greater than
10.
Zinc phosphide
P2Zn3, when present at
concentrations
of
10
or
less.
99-35-4
U234
52-24-4
126—72—7
U235
72—57—1
U236
81-81—2
P001
U248
Pool
557—21—1
P121
1314—84—7
P122
1314—84-7
U249
(Source:
Amended
at
13
Ill.
Reg.
effective
P123
11227
13228
P118
U121
See F027
See F027
See F027
Warfarin
66-75—1
U237
1314—62—1
7 5-01-4
8 1-81-2
P120
13043
13248
103—34~

—127—
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
Secti on
722.110
Purpose,
Scope
and
Applicability
722.111
Hazardous Waste Determination
722.112
USEPA Identification Numbers
SUBPART
B:
THE MANIFEST
Secti on
722.120
General
Requirements
722.121
Acquisition
of Manifests
722.122
Number
of Copies
722.123
Use
of the Manifest
SUBPART
C:
PRE-TRANSPORT REQUIREMENTS
Section
722.130
Packaging
722.131
Labeling
722.132
Marking
722.133
Placarding
722.134
Accumulation Time
SUBPART
D:
RECORDKEEPING
AND
REPORTING
Section
722.140
Recordkeeping
722.141
Annual Reporting
722.142
Exception Reporting
722.143
Additional
Reporting
722.144
Special
Requirements
for Generators
of between 100 and
1000
kilograms per 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
0:
FARMERS
V)3341

-128-
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. 1987,
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.
Adin. 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 R84-9
at
9 Ill.
Reg.
11950, effective July 24,
1985; amended
in R85—22
at
10 111. Reg.
1131,
effective January
2,
1986; amended
in R86—1
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
111.
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.
effective
Appendix A
Hazardous Waste Manifest
The Board
incorporates
by reference 40 CFR
262, Appendix
—ç9~3T
as a~ieAded
at ~
~e~vReST
1~9Q~
Oete~eF
~
~98~—(1988),
as amended
at
53 Fed.
Reg.
45090, November
8,
1988.
This Part incorporates
no later amendments
or
editions.
The Agency
shall
prepare manifest
forms based
on
40 CFR 262,
Appendix, with such changes
as are necessary under
Illinois law.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
1fl3
I1~’

-129-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
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 Waste Analysis
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
Section
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
D:
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
1fl3-343

-130-
724.175
Annual
Report
724.176
Unmanifested Waste Report
724.177
Additional
Reports
SUBPART
F:
RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section
724.190
Applicability
724.191
Required
Programs
724.192
Groundwater Protection Standard
724.193
Hazardous Constituents
724.194
Concentration Limits
724.195
Point
of Compliance
724.196
Compliance
Period
724.197
General Groundwater Monitoring Requirements
724.198
Detection Monitoring Program
724.199
Compliance Monitoring Program
724.200
Corrective Action Program
724.201
Corrective Action for Solid Waste Management Units
SUBPART
G:
CLOSURE AND POST—CLOSURE
Secti on
724.210
Applicability
724.211
Closure Performance Standard
724.212
Closure Plan; Amendment
of Plan
724.213
Closure; Time Allowed For Closure
724.214
Disposal
or Decontamination
of Equipment, Structures and Soils
724.215
Certification of Closure
724.216
Survey Plat
724.217
Post—closure Care and Use of Property
724.218
Post-closure Plan;
Amendment of Plan
724.219
Post—closure Notices
724.220
Certification of Completion
of Post—closure Care
SUBPART
H:
FINANCIAL REQUIREMENTS
Section
724.240
Applicability
724.241
Definitions
of Terms
As Used In This Subpart
724.242
Cost Estimate for Closure
724.243
Financial Assurance
for Closure
724.244
Cost Estimate
for Post-Gclosure Care
724.245
Financial Assurance
for Post—Gclosure Care
724.246
Use
of
a Mechanism for Financial
Assurance of Both Closure and
Post—Gclosure Care
724.247
Liability
Requirements
724.248
Incapacity
of Owners
or Operators, Guarantors
or Financial
Institutions
724.251
Wording of the Instruments
SUBPART
I:
USE
AND MANAGEMENT
OF CONTAINERS
Section
724.270
Applicability
724.271
Condition of Containers
724.272
Compatibility of Waste With Container
724.273
Management
of Containers
1n3~344

—131-
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
Applicability
724.291
Assessment
of Existing Tank System’s Integrity
724.292
Design
and
Installation of New Tank Systems
‘~
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,
FO22,
FO23,
F026
and F027
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-Gclosure Care
724.329
Special Requirements for Ignitable or Reactive Waste
724.330
Special
Requirements
for
Incompatible
Wastes
724.331
Special Requirements for HazardouS Wastes
F020,
F0?1,
F022, F023,
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 Requirements (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-Gclosure
Care
724.359
Special
Requirements
for Hazardous Wastes
FO2O,
F021,
FO22,
FO23,
F026 and FO27
SUBPART
M:
LAND TREATMENT
Section
724.370
Applicability
l03~-345

—132—
724.371
724.372
724.373
724.376
724. 378
724.379
724.380
724.381
724.382
724.383
Section
724.400
724.401
724.402
724.403
724.409
724.410
724.412
724.413
724. 4 14
724.415
724.416
7 24.417
Applicability
Waste Analysis
Principal Organic Hazardous Constituents
(POHCs)
Performance Standards
Hazardous Waste Incinerator Permits
Operating Requirements
Monitoring and Inspections
Closure
Section
724.701
724.701
724.702
724. 703
Appendix
A
Appendix
B
Appendix 0
Appendix
E
Appendix
I
SUBPART
X:
MISCELLANEOUS UNITS
Applicability
Environmental
Performance Standards
Monitoring, Analysis,
Inspection, Response, Reporting and
Corrective Action
Post-closure Care
RECORDKEEPING
INSTRUCTIONS
EPA REPORT FORM AND INSTRUCTIONS
(Repealed)
COCHRAN’S APPROXIMATION TO THE BEHRENS-FISHER STUDENT’S T-TEST
EXAMPLES OF
POTENTIALLY INCOMPATIBLE WASTE
Groundwater Monitoring List
Treatment
Program
Treatment Demonstration
Design and Operating Requi rements
Food—chain
Crops
Unsaturated Zone Monitoring
Recordkeeping
Closure and Post-Gclosure Care
Special Requirements
for Ignitable or Reactive Waste
Special Requirements
for Incompatible Wastes
Special Requirements
for Hazardous Wastes
FO2O,
FO21,
F022,
FO23,
F026 and FO27
SUBPART
14:
LANDFILLS
Applicability
Design and Operating Requi rernents
Double—lined Landfills:
Exemption from Subpart
F:
Ground—water
Protection Requirements (Repealed)
Monitoring
and Inspection
Surveying and Recordkeeping
Closure
and Post-Gclosure Care
Special Requirements for Ignitable
or Reactive Waste
Special
Requirements
for
Incompatible
Wastes
Special Requirements for Bulk and Containerized Liquids
Special Requirements for Containers
Disposal
of Small
Containers
of Hazardous Waste
in Overpacked
Drums
(Lab Packs)
Special Requirements for Hazardous Wastes F020,
FO21,
FO22,
F023,
F026
and FO27
SUBPART
0:
INCINERATORS
Section
724.440
724. 441
724.442
7 24.443
724.444
724.445
724.447
724.451
1n3—346

-133—
AUTHORITY:
Implementing
Section
22.4 and authorized
by Section
27
of the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
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. Reg. 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
27,
1988;
amended
in R89-1
at
13 111.
Reg.
effective
SUBPART
B:
GENERAL FACILITY STANDARDS
Section 724.110
Applicability
a)
The regulations
in this Subpart
apply
to owners
and operators of
all
hazardous waste facilities, except
as
provided in Section
724.101
and
pa~a~ap~subsection
(b).
b)
Section
724.118(b) applies only to facilities subject
to
regulation
under Subparts
I
through 0 and Subpart
X.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section
724.113
General Waste Analysis
a)
Analysis:
1)
Before
an
owner
or
operator
treats,
stores
or disposes of
any
hazardous waste,
the owner
or operator —~~st—shallobtain
a
detailed chemical
and physical
analysis of
a representative
sample
of the waste.
At
a minimum, this analysis must contain
all
the information which must
be
known to
treat, store
or
dispose
of the waste
in
accordance with the
requirements
of this
Part
or
35 Ill.
Adrn.
Code 728, or with
the conditions
of
a
permit
issued under
35
Ill. Adm. Code 702,
703 and 705.
2)
The analysis
may
include data developed
under
35
Ill. Adm. Code
721,
and existing published or
documented data on the hazardous
waste
or on
hazardous waste
generated from similar processes.
BOARD
NOTE:
For example,
the facility’s
records
of analyses
performed on the waste before the effective date of
these
regulations,
or
studies conducted
on hazardous waste generated
from processes
similar
to that which generated the waste
to
be
managed
at the
facility,
may be
included
in
the data base
required to
comply with subsection
(a)(1).
The owner
or
operator of
an off—site facility may arrange for the generator
1n3~347

-134-
of the hazardous waste to
supply part or
all
of the information
required by subsection
(a)(1).
If the generator does
not supply
the
information,
and the owner or operator chooses
to
accept
a
hazardous
waste,
the
owner
or
operator
is
responsible
for
obtaining
the
information
required
to
comply-with
this
Section.
3)
The analysis must
be
repeated as necessary to ensure that
it
is
accurate
and
up
to
date.
At
a
minimum,
the
analysis
must
be
repeated:
A)
When
the owner
or operator
is notified, or has
reason
to
believe, that the process
or operation generating the
hazardous waste
has changed;
and
B)
For off—site facilities, when the
results
of the inspection
required
in subsection
(a)(4) indicate that the hazardous
waste received
at the facility does
not match the waste
designated
on the accompanying manifest or shipping paper.
4)
The owner
or operator of
an off—site facility —~st—shall
inspect
and,
if
necessary,
analyze each hazardous waste movement
received at the
facility to determine whether
it matches
the
identity
of the waste specified
on the accompanying manifest
or
shipping
paper.
b)
The owner
or
operator —~st—shalldevelop and follow
a written waste
analysis plan which describes the procedures which
it will carry out
to comply with subsection
(a).
The owner or operator —~dst—shall
keep this plan
at
the
facility.
At
a minimum, the plan must specify:
1)
The
parameters
for which each hazardous waste will
be analyzed
and the rationale for the selection of these parameters
(i.e.,
how analysis
for these parameters will
provide sufficient
information
on the waste’s properties
to
comply with subsection
(a)).
2)
The
test methods which will
be used
to test for these
parameters.
3)
The sampling method which will
be used to obtain
a
representative
sample
of
the
waste
to
be
analyzed.
A
representative sample may be obtained using either:
A)
One of
the sampling methods described
in
35
Ill.
Adin.
Code
721.Appendix
A;
or
B)
An equivalent sampling method.
BOARD
NOTE:
See 35
Ill.
Adm. Code 720.121 for related
discussion.
4)
The frequency with which the
initial analysis
of the waste will
be
reviewed
or
repeated
to
ensure
that
the
analysis
is
accurate
and
up
to
date.
103
34(3

-135—
5)
For off—site facilities,
the waste analyses that hazardous waste
generators
have agreed to supply.
6)
Where applicable,
the methods which will
be used to meet the
additional
waste analysis requirements for specific waste
management methods
as
specified
in Sections
724.117,
724.414 and
724.441,
and 35 Ill. Adm. Code 728.107.
And,
7)
For
surface
impoundments
exempted
from
land
disposal
restrictions
under
35
Ill.
Adin.
Code
728.104(a),
the
procedures
and schedules
for:
A)
The sampling of impoundment
contents;
B)
The analysis
of test data;
and,
C)
The annual
removal
of
residues which are not delisted under
35
111.
Adm. Code 720.122
—a~~e
Ret—or which exhibit
a
characteristic
of hazardous waste,
and either:
jJ
Do— whieh ~e-not meet —the—applicable treatment
standards of
35
Ill.
Adm. Code 728.Subpart D— e~
where—;
or
~JJ
Where
no
treatment
standards
have
been
established-s——
the
aRA~fa1~
~eii~eva1~
e~PesdHes
wh~eh~e Ret
meet
the
a~eabI~e
pFehi-~+t+eR1~eve1~s
+R
S
~41.V
Ad~Gede
28TS~paPtG~—:
Such residues
are prohibited from
land disposal
under
35 Ill.
Adrn. Code 728.132
or
728.139;
or such residues
are prohibited
from land
disposal
under
35
Ill.
Adm. Code 728.133(f).
c)
For
off-site
facilities,
the
waste
analysis
plan
required
in
subsection
(b)
must
also
specify
the
procedures
which
will
be
used
to
inspect
and,
if
necessary,
analyze
each
movement
of
hazardous
waste
received
at the facility
to ensure that
it matches the identity of
the waste designated
on the accompanying manifest or shipping
paper.
At
a minimum,
the plan must describe:
1)
The
procedures which will be used to determine the
identity of
each movement of waste managed at the
facility;
and
2)
The sampling method which will
be used to
obtain
a
representative sample
of
the waste
to
be identified,
if the
identification
method
includes
sampling.
BOARD
NOTE:
35 Ill.
Adm.
Code
703, requires
that the waste
analysis plan
be submitted with Part
B
of the permit
application.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section
724.115
General
Inspection Requirements
1n3
.34r)

-136-
a)
The
owner
or
operator
—~st—shall conduct
inspections
often
enough
to
identify
problems
in
time
to
correct
them
before
they
harm
human
health
or
the
environment.
The
owner
or
operator
—~st—shall inspect
the facility
for
malfunctions
and
deterioration,
operator
errors
and
discharges which may be causing, or may
lead to:
1)
Release
of
hazardous
waste
constituents
to
the
environment;
or
2)
A threat
to human health.
b)
Inspection
schedule.
1)
The
owner
or operator -~st—shalldevelop and follow
a written
schedule for inspecting monitoring equipment,
safety and
emergency
equipment,
security
devices
and
operating
and
structural
equipment
(such
as
dikes
and
surnp pumps) that
are
important to preventing, detecting or responding
to
environmental
or human
health hazards.
2)
The owner
or operator —~st—shallkeep this schedule
at the
facility.
3)
The schedule must identify the types
of problems
(e.g.,
malfunctions
or deterioration) which are to
be
looked for during
the inspection
(e.g.,
inoperative sump pump,
leaking fitting,
eroding
dike,
etc.).
4)
The frequency of inspection
may vary for the
items
on the
schedule.
However,
it should
be based
on the rate of possible
deterioration
of the equipment
and the probability
of
an
environmental
or human
health
incident if the deterioration,
malfunction or any operator error goes undetected
between
inspections.
Areas
subject
to
spills,
such as
loading
and
unloading areas, must
be inspected daily when
in
use.
At
a
minimum, the
inspection schedule must include
the terms
and
frequencies called
for
in Sections 724.274, —~24~29~
~24T29~
724.294,
724.326,
724.353,
724.354,
724.403,
—aRd —724.447 and
724.702, where applicable.
BOARD NOTE:
35 Ill. Adm. Code 703
requires the inspection
schedule to
be submitted with Part
B
of the permit
application.
The Agency will evaluate the schedule along with
the rest of the application
to ensure that it adequately
protects
human health
and the environment.
As part
of this
review, the Agency may modify
or amend the schedule
as may be
necessary.
c)
The owner
or operator —~st—shallremedy any deterioration
or
malfunction
of equipment or structures which
the inspection
reveals
on
a schedule which
ensures that the problem does
not lead to
an
environmental
or human
health
hazard.
Where
a
hazard
is
inninent or
has already occurred,
remedial
action must
be taken ininediately.
1n3--35n

—137-
d)
The owner or operator —~st—shallrecord
inspections
in
an inspection
log or sumary.
The owner
or operator —Hwst—shall
keep these records
for at least three years
from the date of inspection.
At
a minimum,
these
records must include the date and time of the inspection,
the
name of the
inspector,
a notation of the observations made and the
date and nature of any repairs
or other remedial
actions.
(Source:
Amended
at
13 Ill.
Reg.
,
effective
)
Section
724.118
Location
Standards
a)
Seismic
considerations
1)
Portions
of
new facilities where treatment, storage
or disposal
of hazardous waste will
be conducted must
not
be located within
61 meters
(200 feet)
of
a fault which has had
displacement
in
Holocene time.
2)
As
used
in
subsection
(a)(1):
A)
“Fault” means
a
fracture along with
rocks
on
one
side have
been displaced with respect
to those
on the other
side.
B)
“Displacement” means the
relative movement of any two sides
of
a
fault measured
in any direction.
C)
“Holocene” means the most
recent epoch
of the Quarternary
period, extending from the end of the Pleistocene to the
present.
BOARD NOTE:
Procedures
for demonstrating compliance with
this standard
in Part B of
the permit application are
specified
in
35
Ill. Adm. Code 703.182.
Facilities which
are located
in political jurisdic-a—tions
other
than those
listed
in
40 CFR 264.Appendix
VI
(—~98~-1988)are assumed
to
be
in
compliance with
this
requirement.
b)
Floodplains.
1)
A facility located
in
a
100 year floodplain must be designed,
constructed, operated and maintained to prevent washout
of
any
hazardous waste
by
a 100-year flood,
unless the owner or
operator can demonstrate to
the Agency’s satisfaction
that:
A)
Procedures
are
in effect which will
cause
the waste
to
be
removed
safely, before flood waters can reach the facility,
to
a
location where the wastes will
not be vulnerable to
flood waters;
or
8)
For existing surface impoundments, waste piles, land
treatment units,
—aRd —landfills and miscellaneous units,
no
adverse effect
on human health
or
the
environment will
result
if washout occurs,
considering:
1n3•-151

-138-
i)
The
volume
and
physical
and
chemical
characteristics
of the waste
in the facility;
ii)
The
concentration
of
hazardous
constituents
that
would
potentially
affect
surface
waters
as
a
result
of
washout;
iii) The
impact
of such concentrations
on the current or
potential
uses of and water quality standards
established for the affected surface waters;
and
iv)
The
impact
of hazardous constituents
on the sediments
of affected surface waters
or the soils of the 100—
year floodplain that could
result from washout;
2)
As
used
in subsection
(b)(1):
A)
“100-year floodplain” means
any land area which
is subject
to
a
one percent
or greater chance of flooding
in
any given
year from any
source.
B)
“Washout” means the movement of hazardous waste from the
active portion
of the facility
as
a result
of flooding.
C)
“100—year flood” means
a
flood
that has
a
one percent
chance of being equalled or exceeded
in any given year.
BOARD NOTE:
Requirements pertaining
to other Federal
laws
which
affect the location
and permitting of facilities
are
found
in
40 CFR 270.3.
For details relative to these
laws,
see EPA’s manual
for SEA
(special
environmental
area)
requirements for hazardous waste facility
permits.
Though
EPA
is
responsible for complying with
these
requirements,
applicants
are advised
to consider them
in planning
the
location
of
a
facility
to
help
prevent
subsequent
project
delays.
Facilities may
be
required
to
obtain
from
the
Illinois Department
of Transportation on
a permit
or
certification that
a
facility
is flood—proofed.
c)
Salt dome formations, salt bed formations, underground mines and
caves.
The placement of
any non-containerized
or bulk liquid
hazardous waste
in
any salt dome formation,
salt bed
formation,
underground cave or mine
is prohibited.
(Source:
Amended
at
13
Ill. Reg.
,
effective
SUBPART
D:
CONTINGENCY
PLAN AND EMERGENCY PROCEDURES
Section 724.154
Amendment of Contingency Plan
The contingency plan must
be reviewed,
and
irrinediately amended,
if necessary,
when:
a)
The facility permit
is
revised;
1n3--352

—139-
b)
The plan fails
in an emergency;
c)
The
facility
changes
——
in
its design, construction, operation
maintenance
or other circumstances
--
in a way that materially
increases the potential
for fires, explosions
or releases of
hazardous waste
or hazardous waste constituents,
or changes the
response necessary in an
emergency.
d)
The
list
of
emergency
coordinators
changes;
or
e)
The list
of emergency equipment changes.
S~AR9~4QTE~.
A
ehaA~e
+A
the
1.4-sts
ef ~aei14tye~e~~e~ey
eeePd~RateFs
e~eq~+pR~eRt
+R
the
eeAt~-RgeRey~.aR p~a~+
eeRSt+t~tesa
~+R8P
~ed4fl~eat~eR
te the ~ae4I4ty
peF~+t
te
wh~ehthe ~l~aR
4s
a
eeRd+tfeRr—
(Source:
Amended
at
13
111.
Reg.
,
effective
SUBPART
E:
MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
Section 724.173
Operating Record
a)
The
owner
or operator —~st—shallkeep
a written operating record
at
the facility.
b)
The following information must be
recorded,
as
it becomes
available,
and maintained
in
the operating record until
closure
of the facility:
1)
A description
and the quantity of each hazardous waste received,
and the methodor methods
and date
or dates
of
its treatment,
storage or disposal
at
the facility
as
required by Appendix A;
2)
The
location
of
each
hazardous
waste
within
the
facility
and
the
quantity at
each location.
For disposal
facilities,
the
location
and
quantity
of
each
hazardous
waste
must
be
recorded
on
a map or diagram of each cell
or disposal
area.
For
all
facilities,
this information must include cross—references
to
specific manifest document numbers,
if the waste was accompanied
by
a manifest;
BOARD NOTE:
See Section 724.219 for
related
requirements.
3)
Records
and
results
of waste analyses performed as
specified in
Sections 724.113, 724.117, 724.414 and 724.441, and
in
35 Iii.
Adm. Code 728.104(a) and 728.107;
4)
Sunnary
reports
and
details
of
all
incidents
that
require
implementing
the
contingency
plan
as
specified
in
Section
724.156(j);
5)
Records and results
of
inspections
as
required by Section
724.115(d)
(except these data need to
be kept only three years);
mi 353

-140-
6)
Monitoring,
testing
or
analytical
data and corrective action
where
required
by
Subpart
F
or
Sections
—~24~29~
‘24~29~~
324~29~~
—724.326,
724.353,
724.354,
724.376,
724.378,
724.380,
724.403,
724.4O9~
—OF—
724.447
or
724.702.
7)
For off-site facilities,
notices to generators
as
specified in
Section
724.112(b);
8)
All
closure
cost estimates under Section 724.242 and,
for
disposal
facilities,
all post—closure
cost estimates under
Section 724.244;
9)
A certification by the perrnittee,
no less often than annually:
that
the permittee has
a program
in place
to
reduce the volume
and toxicity of hazardous waste that the permittee generates,
to
the
degree
the
permittee
determines
to
be
economically
practicable;
and that the proposed method
of treatment,
storage
or disposal
is that practicable method currently available to
the perinittee which minimizes the
persent and future threat to
human
health and the environment;
10)
Records
of
the quantities
(and date
of placement) for each
shipment
of hazardous waste placed
in
land disposal
units under
an extension of the effective date of any land disposal
restriction
granted pursuant to
35 Ill.
Adrn.
Code 728.105,
—OF
—a petition pursuant to 35 Ill. Adm. Code —~@6~—728.lO6
or
a
certification under
35
Ill.
Adm. Code 728.108,
and the
~licable
notice required of
a generator under
35 Ill. Adm.
Code 728.1O7(a)—~)~—;
11)
For an
off—site treatment facility,
a copy
of the
notice,
and
the
certification
and
demonstration,
if
applicable,
required
of
-a—the
generator
or
the
owner
or
operator
under
35
Ill.
Adm.
Code
728.1O7—~a~T~—
or
728.108
12)
For
an
on-site
treatment
facility,
the
information
contained
in
the
notice
(except the manifest number),
and the certification
and demonstration,
if applicable,
required of
—a—the
generator
or the owner
or operator under
35
Ill.
Adm. Code 728.1Q7—~a~~~
e~eept~
the ~BaR~est~~~ep— or 728.108
13)
For
an
off-site land disposal
facility,
a copy of the notice—aRd
de~eAstPatieR—, and
the certification and demonstration,
if
applicable,
required
of the generator or the owner
or operator
of
a
treatment facility under
35 Ill. Adm. Code 728.107—~~~-~
aRd
~2’~T
OF
a eepy of the
Ret+ee
aRd eeFt+f~eat+eR~eq~*~ed
of
the geReFateF ~RdeF~ 14h Ad~TGede ~
or
728.108,
whichever
is
applicable;
and
14)
For an on—site
land disposal
facility,
the information contained
in the notice
required of the generator or owner or operator of
a treatment facili~yunder
35
Ill. Adm. Code 728.1O7—~a342~—,
except for
the manifest number, —e~the ~nfeFRRat~eR
eeRta~Red
+R
103354

-141-
the Ret~ee~eq~n~edef the t~eate~
bIRdep
3S 1.14T Ad~TGede
~28T19~4~44I4y
except ~
the ffiaR44est Ad~thep-,and the
certification
and demonstration
if applicable,
required under
35
Ill. Adm. Code 728.108, whichever
is applicable.
j~j For an off-site storage facility,
a copy of the notice, and
the
certification and demonstration
if applicable,
required
of the
generator or the owner
or operator under 35
Ill.
Adm. Code
728.107
or 728.108;
and,
~J
For
an on—site storage
facility, the information
contained in
the
notice
(except the manifest number),
and the certification
and demonstration if applicable,
required of the generator or
the owner
or
operator under
35 Ill. Adm. Code 728.107
or
728. 108.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
)
SUBPART
F:
RELEASES FROM SOLID
WASTE MANAGEMENT UNITS
Section 724.190
Applicability
a)
Types
of units.
1)
Except
as provided
in subsection
(b),
the regulations
in
this
Subpart apply
to owners
and operators
of facilities
that treat,
store
or dispose
of hazardous waste.
The owner
or operator
—~st—shall
satisfy
the
requirements identified
in subsection
(a)(2)
for
all wastes
(or constituents
thereof) contained
in
solid waste management units
at the
facility regardless
of the
time
at which waste was
placed
in such units.
2)
All
solid waste management units must comply with
the
requirements
in
Section
724.201.
A surface impoundment,
waste
pile,
land treatment unit or landfill
that receives hazardous
waste after
July 26,
1982 (hereinafter referred
to
as
a
“regulated unit”)
must comply with the requirements
of Sections
724.191 through 724.200 in
lieu
of Section 724.201
for purposes
of detecting, characterizing and responding
to
releases to the
uppermost aquifer.
The
financial responsibility requirements
of
Section 724.201 apply to
regulated units.
b)
The
owner or
operator’s
regulated unit or
units
are not subject
to
regulation
for releases into the uppermost aquifer under this Subpart
if:
1)
The owner
or
operator
is exempted under Section 724.101;
or,
2)
The
owner
or
operator
operates
a
unit
which
the
Agency
finds:
A)
Is
an
engineered
structure.
8)
Does
not receive
or contain
liquid waste
or waste
containing
free
liquids.
1n3-355

-142-
C)
Is
designed
and
operated
to
exclude
liquid,
precipitation
and other run—on
and run—off.
D)
Has
both inner
and outer
layers of containment enclosing
the waste.
F)
Has
a
leak detection system built
into each containment
layer.
F)
The owner
or operator will provide continuing operation and
maintenance
of these
leak detection
systems during the
active life of the unit and the closure
and post—closure
care periods,
and
G)
To
a
reasonable degree
of certainty,
will
not allow
hazardous constituents
to migrate beyond the outer
containment
layer prior to the end of the post—closure care
period.
3)
The Agency finds, pursuant to Section 724.380(d),
that the
treatment zone of a land treatment unit that qualifies
as
a
regulated unit does not
contain
levels
of hazardous constituents
that
are above background levels
of those
constituents
by
an
amount that
is
statistically significant,
and if
an unsaturated
zone monitoring program meeting the requirements
of Section
724.378 has not shown
a statistically significant increase
in
hazardous constituents
below the treatment zone during the
operating life of the unit.
An
exemption under this paragraph
can only relieve
an owner
or
operator of responsibility
to meet
the requirements
of this Subpart during the post-closure care
period;
or
4)
The Agency finds
that
there
is
no potential
for migration
of
liquid from a
regulated unit to
the uppermost aquifer during the
active
life
of
the
regulated
unit
(including
the
closure
period)
and
the post-closure care period specified under Section
724.217.
This demonstration must
be certified by
a qualified
geologist or geotechnical
engineer.
In order
to provide
an
adequate margin
of
safety
in the prediction
of potential
migration
of
liquid, the owner
or operator —~st—shallbase any
predictions
made under this paragraph
on assumptions that
maximize the rate
of liquid migration.
5)
The owner
or operator designs
and
operates
a pile
in compliance
with Section 724.350(c).
c)
The
regulations
under
this
Subpart
apply
during
the
active
life
of
the
regulated
unit
(including
the
closure
period).
After
closure
of
the
regulated
unit,
the
regulations
in
this
Subpart;
1)
Do not apply
if all waste, waste
residues, contaminated
containment
system components and contaminated subsoils are
removed
or decontaminated
at closure;
mi
356

—143-
2)
Apply during the post—closure care period
under
Section
724.217
if
the owner
or operator
is
conducting
a detection monitoring
program
under
Section
724.198;
or
3)
Apply during the compliance period under Section
724.196
if the
owner or operator
is conducting
a compliance monitoring program
under Section 724.199 or
a corrective action program under
Section 724.200.
~fl
This Subpart applies
to miscellaneous
units
if necessary to
comply
with Sections 724.701 through 724.703.
(Source:
Amended
at
13
Ill. Reg.
,
effective
Section 724.191
Required Programs
a)
Owners and operators subject
to this Subpart —~wst—shall conduct
a
monitoring and response program as follows:
1)
Whenever hazardous constituents
under Section 724.193 from
a
regulated unit are detected at —the—a compliance point
under
Section
724.195,
the
owner or
operator —~st—shallinstitute
a
compliance monitoring program under Section 724.l99—~—.
“Detected”
is defined
as statistically significant evidence
of
contamination as described
in Section 724.198(f).
2)
Whenever the groundwater protection standard under Section
724.192
is exceeded, the owner or operator —~st—shallinstitute
a corrective action program under Section 724.200.
“Exceeded’
is defined
as
statistically significant evidence of increased
contamination as described
in Section
724.199(d).
3)
Whenever
hazardous
constituents
under
Section
724.193
from
a
regulated
unit
exceed
concentration
limits
under
Section
724.194
in
groundwater
between
the
compliance
point
under
Section
724.195
and
the
downgradient
facility
property
boundary,
the
owner
or operator —~st—shall institute a corrective action
program under Section 724.200;
or
4)
In
all
other
cases,
the
owner
or
operator
—~st—shall institute
a detection monitoring program under Section
724.198.
b)
The Agency will
specify
in the
facility
permit the specific elements
of the monitoring and response program.
The Agency may
include one
or more of the programs identified
in
paragraph
(a)
in the facility
permit
as may be necessary to
protect human health and
the
environment
and
will
specify
the
circumstances
under
which
each
of
the programs will
be
required.
In deciding whether
to
require
the
owner
or operator
to
be prepared
to institute
a particular program,
the Agency will
consider the potential adverse effects
on human
health and
the
environment that might occur
before final
administrative action
on
a permit modification application to
incorporate such
a program could
be taken.
1m3• 357

-144-
(Source:
Amended
at
13
Ill. Reg.
,
effective
)
Section 724.192
Groundwater Protection Standard
The owner
or operator —~st—shallcomply with conditions specified
in the
facility
permit
that
are
designed
to
ensure
that
hazardous
constituents
under
Section
724.193 —eRteF~R~—detectedin the groundwater from
a
regulated unit do
not
exceed
the
concentration
limits
under
Section
724.194
in
the
uppermost
aquifer underlying the waste management area beyond the point of compliance
under
Section
724.195
during
the
compliance
period
under
Section
724.196.
The
Agency will
establish this groundwater protection standard in the facility
permit when hazardous constituents
have —eAteFed—been detected in the
groundwater— fFe~a Fe~l~ated
~Ri4-.
(Source:
Amended at
13
Ill.
Reg.
,
effective
Section
724.197
General Groundwater Monitoring Requirements
The owner
or operator —~st-shallcomply with the following requirements for
any groundwater monitoring program developed to
satisfy Section 724.198,
724.199 or
724.200.
a)
The groundwater monitoring system must consist
of
a sufficient
number
of wells,
installed
at appropriate
locations and depths
to yield
groundwater samples from the uppermost aquifer that:
1)
Represent
the quality
of background water that
has
not
been
affected
by leakage from a regulated unit—j.
aRd-.
A
determination
of background quality may
include sampling of
wells that are not hydraulically upgradient from the waste
management
area
where:
A)
Hydrogeologic conditions
do
not
allow the
owner
or operator
to determine what wells
are
upgradient;
or
~
Sampling at other wells will
provide
an
indication
of
background groundwater quality that
is
as
representative or
more representative than that provided by the upyradient
wells.
And,
2)
Represent
the quality
of groundwater passing the point of
compliance.
And,
3)
Allow for the detection of contamination when hazardous waste or
hazardous constituents have migrated from the hazardous waste
management area to
the uppermost
aquifer.
b)
If
a
facility
contains
more
than
one
regulated
unit,
separate
groundwater monitoring systems are not
required for each regulated
unit provided that provisions for sampling the groundwater
in the
uppermost aquifer will
enable detection and measurement
at
the
compliance point
of hazardous constituents
from the regulated units
that have entered the groundwater
in
the uppermost aquifer.
1fl3--350

-145—
c)
All monitoring wells must be cased
in
a manner that maintains the
integrity of the monitoring well bore
hole.
This casing must be
screened or perforated and
packed with gravel
or sand, where
necessary,
to
enable
collection
of
groundwater
samples.
The
annular
space
(i.e.,
the
space
between
the
bore
hole
and
well
casing)
above
the sampling depth must be sealed
to prevent contamination of samples
and the groundwater.
d)
The groundwater monitoring program must include consistent
sampling
and
analysis
procedi’res
that
are
designed
to
ensure
monitoring
results that provide
a reliable
indication
of groundwater quality
below the waste management area.
At
a minimum the program must
include procedures
and
techniques
for:
1)
Sample collection;
2)
Sample preservation
and shipment;
3)
Analytical
procedures;
and
4)
Chain
of custody control.
e)
The groundwater monitoring program must include
sampling and
analytical methods that are appropriate for groundwater sampling and
that accurately measure hazardous constituents
in groundwater
samples.
f)
The groundwater monitoring program must include
a determination of
the groundwater surface elevation each time groundwater
is
sampled.
g~
Where
a
POPP+at’eT the §Pe~RdwateF
RIOR+tOF~.RgpF8gF&~~wstestab~sh
baek~Fe~Rd
gFo~AdwateFq~a~ty
fOP
each of the ha~a~doi~s
eoRStit~eRtS
8F
H~eF1~-~eFfRg
~aw~e~eFs e~
eeAst1-~eR~s
speeif~ed ie~i the
~e~4-t~
1~
I~A the
deteeti-eR
~$R
eF~-A~
p~egFao
E~RdeP
Seet+OR
~24r98T
baek~Po~Rd
gFe~RdwateFe,~al4tyfe~a
ffloR+teP~.RgpaPa~eteP
OF
eeRsti-t~ent~st
be based
OR
data f~e~
q~a~te~~y
sa~p~+~g
of
wel4s ~pgPad~eAtf~e~i
the waste R1aRa~eR~eRtarea fe~e~eyeaPr
2~
IA
the eoFHpl4aRee H~eR+tep+R~~FO~F&R3w~de~
Seet+oA
~24~1~99T
baek~Fe~AdgPe~RdwatePqHali.ty fe~a ha~a~de~s
eoRstft~IeRt~st
be
based
OR data
fFOR ~pgPad~-eRt
wel4s that~
A~
Is
avai4able
befe~ethe peFR+t
i~s~ss~edt
~
Aeee~tsfe~~1eas~Fe~eAt
ePFOFS
i-~saR~pI~+Rg
aRd aRa~ys+s~
a
Ad
G~
Aeee~AtsTto the exteRt feasi-bI~e~fe~sease~a~
fl~et~ati-eRs
~R
baek~Pe~Rd~Fe~AdwateP
qHal4ty
i-f s~ehf~et~ati-eAsa~e
expected to affect ~heeeReeRtFat~eRof the ha~a~de~s
eORst~t~eRtT
1fl3 35’~

-146-
33
~aek~Pe~Rd~ia14tyn~aybe based
OR
saff~pI.+A~
of
wel4s
that
a~e
Rot ~+pgFad~.e~t
cFeR~the waste rf4aRa~eRieRtarea wheFef
A4
Hy4~o~eol-egi-eeeAd+t+eRs do Rot aP-ew the ew~e~
OF
epeFateP
to dete~~i-ae
what wel4s a~e~p~Fad+eRtt-eF
84
Sa~p14Rgat ether wel4s
wi-i-i. p~ev+de
aR
+Rd+eat+OR of
baekgFe~IRdgPe~AdwateFq~ai-i-tythat
i-s as ~ep~esentati-ve
OF
~oFePepPeseRtati-ve thaR that p~evi-dedby the ~p~Fad+eRt
wel4s-r
44
1A
devel-epi-Ag
the
data
base
used to deteF~4-Rea aekgFe~Rdvai.iie
feF each paPaR~eteFo~eoRsti-t~eRt1the ow~e~
o~opeFatoF ~st
take
a
~R1-F~~
of e~esa~pi.efPoRi each well- aRd a ~i-A+~~of
fe~~
sa~pl-esf~o~
the eRti-Fe systei~used to deteP~i-Rebaek~Fo~Rd
gPo~AdwateFq~ial-i-ty~each
ti-me the system
i-s sai~pi.ed~
h4
~heow~e~
o~opeFato~~st ~sethe fol4ewi-A~stati-sti-eal- p~oeethwe
i-A
deteP~i-Ri-R~whetbe~baekgPo~Rdval-~ies
OF
eeReeAtPati-oA
l-i-ffli-ts have
beeR exeeeded+
l)-
I-f7
i-A a deteeti-eR
lAoni-teFi-Rg pFe~PaFH7the
1-evel- of a
eoRst4t~eRtat
the
eefflpl-i-aRee p01-At
i-s to be
eoAlpaFed to the
eoRsti-t~eRt!sbaek~Fo~Rd
val-~eaRd that baek~Fo~Ad
val-~ehas a
sa~pl-eeoeffi-ei-eAt of
vapI-atl-oR
I.ess thaR 1TQ~
A4
I-he OWR~Fo~opeFato~mast take at
i-east fo~~
poFtl-oAs f~o~
a sa~ipleat each well-
at the eeRlpI-faRee p03-At
aRd deteP~i-Re
whether the di-ffepeRee betweeR the i~ea~
of the eoRsti-t~eRt
at each well- 4~SI-Ag
al-I-
poPtl-eAs takeR4 aRd
the baek~Fe~Ad1
vaI-~efe~the eoRsti-t~eRt
i_s
si-gAl-fl-CaRt at the @~Q~
1-evel-
~Si-R~
the GoehpaA!s AppPoxi-~ati-oAto the BehPeAs—~i-sheP
StwdeAt.!.s t-test
as desepi-bed
i-A AppeAdi-x
I-V-
I-f
the test
i-Ad1-eates that the di-ffepeRee
i-s
sI-9AR-f+eaAt7 the ew~e~e~
ope~atoP~st
Pepeat the same pPeeedk~Pe4wi-th at
I-east the
same
AWAbeF
of
pePtl-eAs as
used
i-A
the fi-~st
test4
wi-th
a
fresh sar~pI-ef~o~
the
~ORi-tOFi-Ag
well-s
I-f
thi-s seeoAd
Fo~Adof
aRal-yses
i-Adl-eates that the di-ffePeRee
i-s
51-gAl-fl-caRt7 the owner or~epeFatoF ~isteoRe1-~dethat a
stati-sti-eal-I-y
si-gRi-fi-eant chaRge has oee~~~edt
op
84
~heew~e~
o~opeFatoF i~ay~seaR eq~l-val-eRtstati-sti-eal-
p~oeed~~e
fe~deteF~i-Ri-Agwhether
a
stati-sti-eal-ly
sI-gAl-fl-caRt chaRge has oee~~~ed~
~heAgeRey
wi-I-I-
speci-fy
s~eha pPeeeth1Pe
I-A
the
faei-I-i-ty pe~~i-t
i-f
i-t
fi-Ads that
the al-tePRati-ve p~oeed~~e
peasoRabl-y balaRees the
p~obabi-I-i-tyof falsely
i-deAti-fyi-Ag
a AeA—eoRta~i-Aat1-Ag
~eg~fl-ated
~Ai-t
aRd the
p~ebabi-l-i-tyof
fail-i-Ag
to
i-deAti-fy
a
eoAta~l-AatI-Ag~eg~I-ated
~A+t
1-A
a ~
that
i-s
ee~pa~abl-e
to that of the
stati-sti-eal- p~oeed~~e
dese~i-bedi-A pa~ag~aph
23
I-A
al-i- other
sI-t~Iati-oRs I-A a deteeti-oR AI0Ri-toFI-Ag p~og~a~
aRd
i-A
a eoR~pl-i-aReeRI0Ri-toPi-Rg pPeg~a~7the ew~e~
o~opeFateF w~st~se
103-360

-147-
a
stati-sti-caI- p~eceth~~e
p~evi-di-ng peasenable cenci-dence that the
~i-g~ati-on
o~ha~aPdeaseensti-t~ients~rema
~eg~I-ated
~Ri-t
I-Ate
and th~e~gh
the aq~i-~eP
wi-I-I- be i-ndi-cated~ The Agency
wi-I-I-
speei-cy a stati-sti-eaI- p~eceda~e
i-n the ~aei-i-i-ty
pe~~i-t
that
i-t
A4
I-s app~ep~i-ate~epthe di-stpi-b~ti-enec the data ~se4to
estabI-i-sh baekg~e~nd
vaI-~esop
eeneent~at4onli-Riitst and
84
P~evi-desa ~easonabl-e
bal-ance between the p~ebabi-I4tye~
caI-seI-y i-d~Ati-fyi-Rga nen-eentaRli-Rati-ng
Feg3~I-ated~Ri-t
and
the p~ebabi-I-4-tyof
fai-1-i-ng to
i.denti-fy
a eontani-nati-ng
~eg~I-ated
~iRi-tr—
~J
In
detection monitoring
or where appropriate in
compliance
monitoring, data
on
each hazardous constituent specified
in the
p~rnitwill
be collected from background
wells
and
wells
at
the
compliance point(s).
The number and
kinds
of samples collected
to
establish background must be appropriate
for the form of statistical
test employed, following generally accepted statistical
principles.
The
sample size must
be as
large as necessary to ensure with
reasonable confidence that
a contaminant release
to
groundwater from
a
facility will
be detected.
The owner or operator will determine an
appropriate sampling procedure and interval
for each hazardous
constituent listed
in the
facility permit which must be
specified
in
the
unit
permit
upon
approval
by
the
Agency.
This
sampling
procedure
must be:
A sequence of
at
least
four samples,
taken
at
an
interval that
assures, to
the greatest extent technically feasible, that an
independent
sample
is obtained, by reference to the uppermost
aquifer’s effective porosity, hydraulic conductivity and
hydraulic gradient,
and the fate and transport characteristics
of the potential
contaminants;
or
2)
An
alternate sampling procedure proposed by the
owner
or
operator
and approved by the Agency.
~j
The owner
or operator
shall
specify
one of the following statistical
methods
to
be used
in evaluating groundwater monitoring data for each
hazardous constituent which, upon approval
by the Agency, will
be
specified
in the
unit
permit.
The statistical
test chosen
must be
conducted separately for each hazardous constituent
in each well.
Where
practical
quantification
limits
(pql
‘s) are used
in any of the
following statistical
procedures
to comply with subsection
(i)(5),
the
pql must
be proposed by the owner
or operator and approved by the
Agency.
Use of any of the following statistical
methods must be
~rotective
of
human
health
and
the
environment
and
must
comply
with
the
performance
standards
outlined
in
subsection
(I).
fl
A
parametric
analysis
of
variance
(ANOVA)
followed by multiple
comparisons
procedures
to
identify
statistically
significant
evidence of contamination.
The method
must include estimation
and testing of the contrasts between each compliance well ‘s mean
103--3?1

-148-
and
the
background mean levels for
each constituent.
fl
An analysis of variance (ANOVA) based on
ranks followed by
multiple comparisons procedures to identify statistically
fl~nificant
evidence
of
contamination.
The
method
must
include
est
mation
and
testing
of
the
contrasts
between
each
compliance
wel
‘S
median
and the background median levels for each
constituent.
~J
A tolerance or prediction interval
procedure
in which
an
interval
for each constituent
distribution
of the background
is established
data,
and the
from
level
the
of
each
constituent
in
each compliance well
is
compared to
the upper
tolerance or prediction
limit.
~j
A control chart
approach that gives
control
limits for each
constituent.
~J
Another statistical
test method
submitted
by
the owner
or
operator and approved by the Agency.
jJ
Any statistical
method chosen under subsection
(h) for specification
in the
unit
permit must comply with
the following performance
standards,
as
appropriate:
1)
The
statistical
method
used to evaluate groundwater monitori~9
data must be appropriate for the distribution
of chemical
parameters
or hazardous constituents.
If the distribution of
the chemical
parameters
or hazardous constituents
is shown
by
the owner
or operator to
be inappropriate for a normal theory
test, then the data should
be transformed
or
a distribution—free
theory
test
should
be used.
If
the distributions
for the
constituents differ, more than one
statistical
method may be
needed.
2)
If
an
individual
well
comparison
procedure
is
used
to
compare
an
individual
compliance
well
constituent
concentration
witn
background constituent concentrations or
a groundwater
protection standard,
the test must be done at
a Type
I
error
level
no less than 0.01 for each testing period.
If
a multiple
comparisons procedure
is used,
the Type
I experimentwise error
rate
for each testing period must be
no less than
0.05; however,
the
Type
I
error
of
no
less
than
OO1
for
individual
well
comparisons must be maintained.
This performance standard does
not apply
to tolerance intervals,
prediction intervals
or
control
charts.
3)
If
a control
chart
approach
is
used
monitoring data,
the specific type
to
of
evaluate
ground’.iater
control
chart and
its
associated parameter value must be proposed
by the owner
or
operatàr and approved
by the Agency
if
the Agency
finds
it
to
be
protective of human
health and the environment.
il.
If
a
tolerance
interval
or
a
prediction interval
is
used to
103—3~2

-149-
evaluate groundwater monitoring data,
the levels
of confidence
and, for tolerance intervals,
the percentage of
the population
that
the interval must contain, must be proposed
by the owner
or
operator and approved by the Agency
if the Agency finds these
parameters
to
be protective of
human
health and the
environment.
These parameters
will
be determined after
considering the number of samples
in the background data base,
the data distribution, and the range
of the concentration values
for each constituent
of concern.
~j
The statistical
method must account for data below the limit of
detection with one or more statistical
procedures
that are
protective of
human health and the environment.
Any practical
quantification limit
(pql) approved by the Agency under
subsection
(h) which
is used
in
the statistical
method
must be
the
lowest concentration level
that can be
reliably achieved
within specified limits
of precision and accuracy during
routine
laboratory operating conditions
that
are
available
to
the
facility.
6)
If necessary, the
statistical
method must include procedures to
control
or correct
for seasonal
and spatial
variability as well
as temporal
correlation
in the data.
j)
Groundwater monitoring data collected
in accordance with subsection
(g), including actual
levels
of constituents, must be maintained
in
the facility operating
record.
The Agency shall
specify
in the
permit when the data must be submitted for review.
(Source:
Amended at
13 Ill.
Reg.
,
effective
Section
724.198
Detection Monitoring Program
An owner
or operator required
to establish
a detection monitoring program
under
this
Subpart
—n~s~—shall,
at
a
minimum,
discharge
the
following
responsibilities:
a)
The
owner
or
operator
—n~st—shall monitor
for indicator parameters
(e.g.,
specific
conductance,
total
organic
carbon
or
total
organic
halogen), waste constituents
or reaction products that provide
a
reliable indication of the presence of hazardous constituents
in
groundwater.
The Agency will
specify the parameters
or constituents
to
be monitored
in
the
facility permit,
after
considering the
following factors:
1)
The types, quantities
and concentrations of
constituents
in
wastes managed
at the regulated unit;
2)
The
mobility,
stability
and persistence
of waste constituents
or
their
reaction products
in
the unsaturated zone beneath
the
waste management area;
3)
The detectability of indicator parameters, waste constituents
and
reaction products
in groundwater; and
103--363

-150-
4)
The
concentrations
or
values
and
coefficients
of
variation
of
proposed monitoring parameters
or constituents
in the
groundwater background.
b)
The
owner
or
operator
—nwst-shall
install
a
groundwater
monitoring
system
at the compliance point
as specified under Section 724.195.
The groundwater monitoring
system must comply with Sections
724.197(a)(2),
724.197(b) and 724.197(c).
e4
I-he ew~e~
e~epeFatoP Rest
estabI-i-sh
a baekgFe~Adva1-~*efe~each
PleRl-toFi-Ag paFaffieteF
OF
eoAstl-t~eRtspeci-fi-ed
i-A the pe~~i-tp~Fs~ant
to
s~bseeti-oA4a4r
The
pe~ni-t
wi-i-I-
speei-fy the baekgFe~IAdval-bes fe~
each paPaRleteF e~
speci-fy
the p~oeed~i~es
to
be used to eaI-e~I-atethe
baekgFo~Rd~aI-~iesi-
14
The OWR~FoP epePate~n~stee~pI-ywi-th
Seeti-oR
l24TI-9~g4
i-A
deveI-opi-Ag the
data
base
~isedto
dete~~i-~e
baekgPe~Adval-1~esf
24
I-he ew~e~
OF
opeFato~~istexpress baekgFo~AdvaI-~es
i-A
a
f~pj~j
AeeessaPy fe~the deteFni-Rat4eA of
stati-sti-eaI-I-y
si-gRi-fi-eaRt
i-Repeases EiAdeF Seeti-OA 724T19~h4r
34
I-A taki-Ag
sa~pI-esused
i-A
~he deteFni-nati-oR
of
baekg~o~nd
val-~ies7the
ewne~
OF
opeFatoF
n~st
~sea §Fe~AdwateF~eAi-tePi-Rg
systen
that
eenpI-i-es
wi-th
Seeti-oR ~24Ti-9a4~147~24TI-9~b4
aAd
~24~I-97/~e4T
d)
I-he
BWReF
OF
epePateF ~st deteP~i-RegFo~AdwateFq~+a1-i-ty at each
H30AI-topI-Ag
weI-I-
at
the
eo~pi-i-aAee p01-At
at
I-east se~i-—aAA~aI-I-yd~Fi-ng
the
aeti-ve
1-i-fe
of
a
Feg~I-ated
I~Ai-t
4I-Rc1-~d+Agthe
e1-os~~e
pe~i-od4
aAd
the
pest-eI-os~weease
pe~i-ed~I-he
ow~e~
$F
opePato~~st
express
the
gPeElRdwateP q~aI-i-ty at each neRi-teFI-Ag weI-I-
i-A
a fo~~
~eeessa~y
feE
the
deteFffli-Aati-eA
of
stati-sti-ealJy
si-gAi-fi-eaAt
i-AeFeases
HRdeF
Seeti-eA
~24T19~h4r
c)
The
owner
or operator shall
conduct
a groundwater monitoring program
for each chemical
parameter and hazardous constituent specified
in
the
permit
pursuant
to subsection
(a) in accordance with Section
724.197(g).
The
owner or operator
shall
maintain
a record
of
groundwater analytical
data as measured and
in
a form necessary for
the determination
of statistical
significance under Section
724.197(h).
.~U.
The Agency
shall
specify the frequencies for collecting samples
and
conducting statistical
tests
to determine whether there
is
statistically significant evidence of contamination for any parameter
or
hazardous
constituent
specified
in
the
permit
under
subsection
(a)
in accordance with Section 724.197(g).
A sequence of
at
least four
samples
from
each
well
(background
and
compliance
wells)
must
be
collected
at
least
semi-annually
during
detection
monitoring.
e)
The
owner
or
operator
—~st—shall determine
the
groundwater
flow
rate
and direction
in
the uppermost aquifer at least
annually.
103--364

—151—
~3
The ewne~e~’epe~ate~
~st ase p~oeeth~~es
and ~etheds~
saffipI-i-ng
and
anaI-ysi-s that meet the Pe~i-Fea3eRtsec Seeti-en
24T19~4d4and
~24T19~e4T
g4
The ewne~op epe~atoPHust detepmi-ae whether these
i-s a
stati-sti-eal-1-y
si-gni-~i-eant1-nepease
eves
backgPeblnd
va1-~esfe~any
paFaA3eteP
OF
eensti-t~entspeei-fi-ed
i-n the pe~~i-tp~i~s~ant
to s~ibseeti-on -a4
each
ti-me
i-t detep~i-nesg~e~adwate~
q~a1-i-tyat the ee~pI-i-aAce pei-nt ~nde~
s~bseeti-on
I~d4r
14
I-n dete~~i-ni-ngwhether a
stati-stieal-1-y
si-gni-fi-eant i-ncpease has
866bpped7 the ew~e~
op opeFateF ~&steenpa~ethe gPet~AdwateF
q~aI-i-tyat each RIOAi-toFi-ng
wel-I- at the
eei~pi-i-anee p01-At fo~each
pa~a~ete~
OF
eoAstI-t~IeAt to the backgPo~RdvaI-~efoF that
paFa~etePo~eoAsti-t~eRt7aeeoFdi-Rg to the
stati-sti-eaI- ppoeed~~e
speci-fi-ed
i-A
the
pePRl+t
~AdePSeeti-oA
~24T19~4h4v
24
I-he
owne~o~ope~atoPo~stdeteFi~i-Aewhether these has been
a
statl-sti-eaI-I-y
si-gAi-fi-caRt
i-nepease at each ffieRi-toF3-Ag well-
at
the eo~RpI-+aReepoi-Rt
wi-thi-n
a
FeasoAabI-e
ti-se
pe~i-odafter
eo~pI-eti-enof
sa~ip1-1-RgT
The
AgeAey
wi-i-I- speei-fy that ti-me
pe~i-ed
i-A
the
fae4l-1-ty peFni-t7 afteF
coAsl-deFi-Ag the co~p1-exi-ty
of the stati-sti-eaI- test aRd the
avaiI-abi-I-i-ty of I-aboFate~y
fad-i-i-ti-es to pe~fe~~
the
anal-ysi-s
of gFo~A4wateFsanpI-es~
~f the owner
8F
epeFatoF deteFl~i-Aes7pws~aAtto s~bseeti-oA g4;
that
these
i-s
a
stati-sti-eaI-I-y
si-gAi-fi-eaAt
i-AeFease fe~paPanete~s
OF
eoAsti-t~eAtsspeei-fi-ed p~Fs~aAt
to s~ibseet1-on~a3at any moAl-teFi-Ag
wel-I- at the eo~HpI-i-aAee p01-At7 the ow~e~o~epeFatoF ~isti-
1)
Noti-fy the AgeRey of
thi-s
fi-Adi-Ag
I-A
wFi-tI-Ag
wi-thl-A seven
days~
I-he
Reti-fi-cati-oA
~st
i-Adi-eate what pa~a~iete~s
e~
eoAstt~eAts
have
shewA
stati-sti-eaI-ly
si-gRi-fi-eaRt
i-AeFeasesf
24
I-n~ed1-atei-ysa~pl-ethe
gPo~R4wateP
i-A
al-I-
~eRi-toFi-Agwe3,-l-s
aRd
detePni-Ae
whethe~eoAsti-tE~eAts 1-deAti-fi-ed
i-A
the
I-i-st
of
AppeRdi-x
I- a~epFeseAt aAd7
i-f
&07
at what eoAeeRtPatl-eAt
34
EstabI-i-sh
a baekgPe~iAdval-~efeF each eoAsti-tHeAt that has beeR
fe~ndat the eo~pi-i-aAee p01-nt ~inde~
s~bseeti-o~4h4~247as
feI-I-owsi-
A4
I-he ew~e~o~epePatoP i~steo~pI-ywi-th Seeti-eR ‘24~19~g4
i-n deveI-epi-ng the data base used to deteF~1-AebaekgFo~Ad
val-~es~
84
The ewAeP
OF
opePateF
n~stexpFess baekgFo~Adval-~es
i-A
&
fo~n~eeessa~yfo~the
deteF~i-Aati-oAof
stati-sti-caI-I-y
si-gRi-fi-eaRt 1-AeFeases
&AdeF Seeti-oA ~24~19~4h4i~
aRd
G4
In
taki-Ag
saRpI-es used
i-A
the dete~nii-nati-enof baekgPo~Ad
val-~es7the ewne~e~epePateF nwst ~isea gFO&ndwateF
Roni-toFi-Ag
systeIl~that eenpl-1-es
wi-th Secti-en ~24TI-9~4a44147
103--365

-152-
~24~I-9~b4
and ~24vI-9~4c4t
44
Wi-thi-n 99 days7 s~b~1-tto the Agency an
appl-i-cati-on ~
a peF~i-t
~edi-~i-cati-on
to estabi-i-sh
a con~pI-i-ance~oAi-tePi-ng
p~eg~a~
~eeti-ng
the Peq~4-FeRentse~Secti-en
24T199T
I-he appli-cati-on
nwst
i-nc1-~dethe
fel-I-owi-ng
i-n~opi~at1-en+
A4
An
i-denti-~i-eati-enof the ceneentFati-on of each eonsti-t~ient
fo~adi-n the g~e~ndwate~
at each noni-teFi-ng well-
at the
eea~pl-i-ance pei-att
84
Any p~epese4chaRges to the gPoblndwateP ~Boni-toP1-Rg
systen~
at the
faei-I-i-ty necessary to ~neet
the Feq~i-PeP~eRtsof
Secti-oR
~24T199t
G-)
AAy
pFoposed
changes
to
the
l~oRi-toFi-Rg fFeq~eAcy7saA~pl-I-Rg
aAd
anaI-ysi-s
p~oeed~~es
o~nethods
o~
stati-sti-eaI-
p~oeed~~es
used
at
the
faci-l-i-ty
~eeessa~yto
neet
the
Feq~i-Pe1~eAtsof
Seeti-eR ~24~1-99~
9-)
~
each haaaFdo~iseeAstl-t~eRtfo~eRd
at
the
eonpi-i-anee
p01-nt7
a p~eposedceAceAtFati-on
4-i-ni-t
~AdeF
Seeti-on
~24~194a4~4 op
24T1944a4424T o~a
noti-ce of
i-ntent to
seek
a~al-te~natecoAeentFatl-on
1-i-ni-t
foF
a ha~a~de~s
ceAsti-t~eAt~nde~Secti-on ~24T194~b4~-
aRd
~4
Wi-thi-~
189
days7
s~bni-tto
the
Agency~
A4
Al-I-
data
~eeessa~yto
~sti-fy
any
al-teFRate
conceAtFati-on
I-i-~i-tfo~a ha~a~de~s
eeAsti-tdent so~&ght~RdeFSecti-en
~24Ti-944b3faRd
84
An
eAg-ReeP-n~feasi-bi-1-i-ty
p1-an fe~a co~~eet+ve
aeti-on
~FO~F&FA
ReeessaFy
to
neet
the
Feq~ii-Fe~entsof SeetI-e~
~24T299;
~nI-ess-~-
1-4
All-
haaa~do~s
eoAsti-t~ents i-denti-fi-ed
~nde~ s~bseeti-en
a~e1-1-sted
1-n
TabI-e
I
of
Seeti-on
124T194 and
thei-~coReentpatl-oAs
do Rot
exceed
the
Fespectl-ve
vai-~esgi-veA
i-n that I-abI-e~o~
1-4-4
The OWA~P
OF
opePatep has sought an aI-tePRate
conceAtFati-on
I-i-i~i-t ~AdeFSecti-oR
~24~I-944b4fe~every
ha~a~do~is
eoAsti-t~eAti-denti-fi-ed ~nde~s~bsecti-on
1-4
I-f
the ewAe~o~epe~ateFdeteF~n4-Aes7p~Fs~ant
to s~bseeti-oA4g)7 that
the~ei-s
a
stati-sti-eai-I-y
si-gni-fi-eant
1-RePease
of
paFanetePs
OF
ceAs~1-t~eRts
speci-fi-ed p~Fs~aRt
to
s~bseeti-on4a) at any ~oni-toFi-ny
weI-I-
at the ee~pI-1-aAcepei-Rt7 the ewne~
OF
ope~atoFnay denenst~ate
that
a
so~~ce
othe~thaA
a
~eg~I-ated
bRi-t
ea~se4the i-AeFease o~that
the 4-nepease pes~l-tedf~en~
i-A
sanpI-i-ng7
aRaI-ySi-s o~
eva1-~ati-oA~ Whi-I-e the ewne~or~ epeFatoF nay nake
a denoAstFati-oA
wIdeP
thi-s pa~ag~aph
i-n
addi-ti-en to7 o~
i-A
1-i-es of7 s~bni-tti-Rga

—153-
pePni-t i~edi-fi-eati-enappl-i-cati-en ~indep
s~bseeti-en
~h44447
the owner o~
epeFateP
4-s
not
pel-i-eved
of
the
~eq~i-~en~ent
to
s~bn~i-t
a
peFffli-t
nIodi-fi-cati-on appl-i-eatien wi-thi-n the ti-me speci-fi-ed
i-n s~bseeti-en
4h4~.44
~ni-ess
the den~enstpati-onnade ~nde~thi-s pa~ag~aph
s~iecessfaI-I-yshows that a se~~ee
ether than a ~eg~l-ated
~ni-t
eadsed
the i-ne~ease
op
that the i-ncpease ~es~I-ted
fPe~e~pepi-n san~p1-i-ng~
anal-ysi-s~
op
eval-uati-en-1
If the defflenstPat1-eR
i-s ~ns~ecessf~I-7
the
Agency
s~al-I-noti-cy the ewne~
op
epePatoP
i-n WPi-ti-ng~w4M~a
statenent as
to why
i.t
detepmi-ned the de~onst~ati-en
to have been
~ns~iceessf~l-~
Such denenstpati-en deni-aI- ø~aybe appeal.ed to the 8ea~d
pw~-~ant
to
31
I-I-l-~
Adn3~Gede 19~~SHeh appeal-
wi-I-i- Ret exe~se
eonpI-i-aAce
wi-th the
faei-i-i-ty pePni-t7 o~
del-ay
aAy pePnli-t
nodi-fi-cati-en
pFoeeedi-AgT
I-n naki-ng
a denoRstPati-oR ~nde~thi-s paFagFaph
the
owner e~opeFatoP n~st~-
14
~eti-fy
the AgeRcy
i-A
wP-t-Rg wi-thi-n seven days of dete~ni-n4-nga
stati-sti-cai-I-y
si-gni-fi-eant 1-AePease at the
conpI-i-ance
poi-nt that
the ow~e~
ov~opeFatoP
i-AteRds
to nake a denonst~ati-en~nde~thi-s
pa~agPaphf
24
Wi-thi-n 99 days7 s~bni-ta PepoFt to the AeRcy whi-eh denenstFates
that a so~~ee
other than
a Feg~I-atedw~i-tca~isedthe i-nc~ease7
e~that the i-ne~ease~es~I-ted
f~en~
i-n sanpi-i-ng7
anal-ysi-s
o~evaI-~ati-eAt
4
Wi-thi-R
99
days7
s~bni-tto
the
AgeRey
an
appI-i-catioA
fo~a
pePni-t
nodi-fi-cati-~nto nake a~yappFoppi-ate changes to the deteeti-on
noAl-toFi-Ag
p~og~an
at the
faei-I-i-ty~and
44
GoAti-A~e
to
noAl-toF
i-A
aecoFdaAce
wi-th
the
deteeti-on
noni-toPi-Rg
p~og~an
establ-i-shed ~AdeFthi-s secti-en~-
~
~f the ewne~o~ope~ato~
deteFni-Aes that the deteeti-on neni-to~i-ng
PFOgF&I~~
AC
l-engeF
sati-sf
i-es the Feq~i-FeRentsof
t-hi-s
seeti-en~the
BWACF
OF
epeFatoF rn~1stT
wi-thi-n 99 days~s~b~1-tan
appl-i-eati-on fe~a
peFni-t
nodi-fi-cati-on
to na~eany appFopPi-ate changes to the
pFegFamT
k4
The ow~e~
op
opeFate~n~stass~~e
that noni-toPi-Ag aAd
deFFeeti-ve
acti-on neas~~es
~eeessa~y
to
achi-eve
eonpI-i-ance
wi-th the g~o~ndwate~
ppoteetl-oA
staAdaFd wide~Seeti-on 724T192 a~etaken dL~Pi-Rgthete~n
of the peFni-tv-
j~j
The
owner
or operator shall
determine whether there
is statistically
significant
evidence
of
contamination
for
any
chemical
parameter
or
hazardous constituent
specified
in the permit pursuant to subsection
(a)
at
a
frequency
specified
under
subsection
(d).
jJ
In
determining
whether
statistically
significant
evidence
of
contamination exists,
the owner
or operator shall
use
the
method(s)
specified
in
the
permit
under
Section
724.197(h).
These method(s) must compare data collected at
the compliance
point(s) to the background groundwater quality data.
~j
The
owner or operator shall
determine whether there
is
1fl3--3~~7

-154-
statistically significant evidence
of contamination
at each
monitoring well
at the compliance point within
a reasonable
period
of
time
after
completion
of
sampling.
The
Agency
shall
specify
in
the facility permit what period
of time
is
reasonable,
after
considering
the
complexity-of
the
statistical
test
and
the
availability
of
laboratory
facilities
to
perform
the analysis of groundwater samples.
~j
If
the owner
or operator determines pursuant to
subsection (f~that
there
is
statistically significant
evidence of contamination for
chemical parameters
or hazardous constituents
specified pursuant to
subsection
(a) at
any monitoring well
at the compliance point,
the
owner
or
operator
shall:
1)
Notify the Agency
of this finding
in writing within
seven
days.
The notification must indicate what chemical
parameters
or hazardous constituents have shown statistically significant
evidence of contamination.
~
Imediately
sample the groundwater
in
all
monitoring wells and
determine whether constituents
in
the list
of Appendix
I
are
present,
and
if
so,
in what concentration.
3)
For any Appendix
I
compounds found
in the analysis pursuant to
subsection
(g)(2),
the owner or
operator may resample within one
month
and repeat the analysis
for those compounds detected.
If
the
results
of
the second analysis confirm the
initial
results,
then
these constituents
will
form the basis for compliance
monitoring.
If the owner
or operator does not
resarnple
for the
compounds found
pursuant to
subsection
(g)(2),
the hazardous
constituents
found during
this initial Appendix
I
analysis will
form the
basis for compliance monitoring.
4)
Within
90
days,
submit
to
the
Agency
an
application
for
a permit
modification
to
establish
a
compliance
monitoring
program
meeting
the
requirements
of
Section
724.199.
The
application
must include
the following information:
~J
An identification of
the concentration of any Appendix
I
constituent detected
in the groundwater
at each monitoring
well
at
the compliance point
~J
Any
proposed
changes
to the groundwater monitoring system
at the facility necessary to meet the requirements
of
Section 724.199
C)
Any proposed additions or
changes
to the monitoring
frequency,
sampling and analysis procedures
or methods,
or
statistical
methods used
at
the facility necessary to meet
the requirements of
Section 724.199
Qj
For each hazardous constituent detected at the compliance
point,
a proposed concentration limit under Section
724.194(a)(1) or
(a)(2),
or
a notice
of
intent
to seek an
103--3’58

—155—
alternate concentration limit under Section 724.194(b);
and
~j
Within 180 days,
submit to the Agency:
~j
All
data necessary to justify an alternate concentration
limit sought
under Section 724.194(b);
and
~
An engineering feasibility plan
for a corrective action
program necessary to meet the requirement of Section
724.200,
unless:
jJ
All
hazardous constituents identified under subsection
(g)(2)
are listed
in Table
1
of Section 724.194 and
their concentrations
do
not exceed the respective
values
given
in that table;
or
ii)
The
owner
or operator has sought
an alternate
concentration limit
under Section 724.194(b) for every
hazardous constituent
identified under subsection
(g)(2).
6)
If the owner
or operator determines,
pursuant to subsection
(f),
that there
is
a statistically significant difference for
chemical
parameters
or hazardous constituents
specified pursuant
to
subsection
(a)
at any monitoring well
at
the compliance
point,
the owner
or operator may demonstrate that
a source other
than
a regulated unit caused the contamination
or that
the
detection
is
an artifact caused
by
an
error
in sampling,
analysis
or
statistical
evaluation,
or natural variation
in the
groundwater.
The
owner
or operator may make
a demonstration
under this subsection
in addition to,
or
in lieu of, submitting
a
permit
modification
application
under
subsection
(g)(4);
however,
the
owner
or operator
is
not
relieved of the
re~q~~rement
to
submit
a permit modification application within
the
time
specified
in
subsection
(g)(4)
unless
the
demonstration
made
under
this
paragraph
successfully
shows
that
a
source
other
than
a
regulated
unit
caused
the
increase,
or
that
the
increase
resulted from error
in sampling, analysis
or evaluation.
In
making
a demonstration under this paragraph,
the owner
or
operator shall:
~
Notify the Agency
in writing, within seven days
of
determining statistically significant evidence of
contamination at the compliance
point, that the owner
-r
operator intends
to make
a demonstration under this
paragraph
~J
Within
90
days,
submit
a
report
to
the
Agency
which
demonstrates that
a source other than
a regulated unit
caused
the contamination or that the contamination resulted
from error
in
sampling, analysis
or evaluation
çj
Within
90 days,
submit
to the Agency
an application
for
a
permit modification to make any appropriate changes to
the
101-369

—156-
detection monitoring program facility;
and
~j
Continue to monitor
in accordance with the detection
monitoring program established under this Section.
iii
If the
owner or operator determines that the detection monitoring
program no longer satisfies the requirements
of this Section, the
owner
or
operator
shall,
within
90
days,
submit
an
application for
a
permit modification
to make any appropriate changes to the
program.
(Source:
Amended
at
13
Ill. Reg.
,
effective
)
Section 724.199
Compliance ~4onitoring
Program
An
owner
or operator required to establish
a compliance monitoring program
under this Subpart —nest—shall,
at
a minimum, discharge
the following
responsibilities:
a)
The owner
or operator -n~st—shall monitor the groundwater
to
determine whether regulated units
are
in compliance with the
groundwater protection standard
under Section 724.192.
The Agency
will
specify the groundwater protection
standard
in the
facility
permit,
including:
1)
A list of
the hazardous constituents
identified under Section
724. 193;
2)
Concentration
limits
under
Section
724.194
for
each
of
those
hazardous constituents;
3)
The compliance point under Section
724.195;
and
4)
The
compliance
period
under
Section
724.196.
b)
The owner or
operator —n~st—shall install
a groundwater monitoring
system
at
the
compliance
point
as
specified
under
Section
724.195.
The groundwater monitoring system must comply with Section
724.197(a)(2),
724.197(b)
and 724.197(c).
c4
Where
a eoAeentpati-oA
i-i-ni-t
estabi-i-shed wIdeF
swbsecti-on
-a4ç2)
i-s
based on backg~o~ndg~o~ndwate~
qi.~ai-i-ty7 the AgeAcy
wi-I-I-
speci-fy the
coneentpati-on
i-n the
pe~ni-tas
foI-i-ews~-
14
I-f these
i-s
a
hi-gh tenpe~ai-ee~~eI-ati-onbetween ~pg~adi-ent
aRd
eenpI-i-aAce
poi-Rt ceAcentFati-ons of the haaa~do~s
eoRsti-t~feAts-
the ewnep o~opeFateF nay
estabi-i-sh the eoReentFati-OR
I-i-ni-t
th~e~gh
sanpI-i-ng
at ~pgPadi-eAt
we—I-s each
ti-ne gFowIdwateF
i-s
sanpI-ed
at
the
eenpI-i-anee
pe4-nt1
The
Agency
wi-I-i- speei-fy the
p~oeeth~~es
used fe~deteFni-Ai-Ag the eoneentpati-on
I-i-ni-t
i-A
thi-s
nanne~i-n the
pePni-tT
I-A
al-I-
other
eases7
the
coneeRtFati-oA
I-i-ni-t
wi-I-I- be the nea~of the pool-ed data on the concentFati-oA
of the haaa~do~s
eoAsti-t~entT
2)
I-f
a haaa~do~s
eoAsti-t~ent i-s
i-deAti-fi-ed en TabI-e
I wIdeP
1q3—37q

-157—
Seeti-on ~24T194and the di-ffe~ence
between
the
Pespecti-ve
eeneentpati-en
i-i-n~i-t i-n
I-abI-e
I and the baekg~e~nd
val-~eof the
consti-twent w~de~
Secti-en ~24TI9~4gi-s not
stati-st1-cal-l-y
si-gni-fi-eant7 the ewne~e~epe~atePnI~st~sethe baekgPoHnd val-He
of the eenst1-ttient as the eeacentpati-on
I-i-n~i-~ In dete~~i-ni-ng
whether
thi-s di-ffepenee
i-s stati-sti-eai-I-y si-gni-fi-eant7 the ewne~
o~’epePateF ~Hstwse a stati-sti-eal- p~eeed~~e
pPovi-di-ng
peasenabl-e
eenfi-deaee
that
a
real-
di-ffepence
wi-I-i-
be
i-ndi-eated~
I-he
stati-sti-eaI- pPeceth~~e
nuist÷
A
ge appPep~i-ate
fcIF
the d1-st~i-buti-onof the data used to
estabI-i-sh baekg~o~nd
vaI-~estand
B)
Ppovi-de
a
Feasonabl-e baI-ance betweeR the p~obab4-i-i-tyof
faI-seI-y
i-deAti-fyi-Rg
a
si-gAi-fi-cant di-ffe~enceand the
p~obabi-l-4tyof
fai-I-i-ng to
i-denti-fy
a
si-gni-fi-eant
di-ffeFeneeT
3
The
ow~e~
o~ope~ato~
n~istt
A
GonpI-y
wi-th Secti-en Z24rI9~g4i-n devei-opi-Ag the data base
~ised
to deteFni-Ae baekg~o~nd
vaI-~iest
B-)
~xp~essbaekgFo~AdvaI-~es i-n
a fern neeessa~yfo~the
deteFni-nati-oA of stati-sti-eaI-I-y
si-gni-fi-eant
i-RcFeases ~nde~
Seeti-oR
24T19~4h4faRd
G4
~sea gFewidwateF
noni-topi-ng systen that eenpI-i-es
wi-th
Seeti-oR ~24T19~a~(-I47
~24T19~4baAd
~24yI9~4~4r—
~J
The
Agency
shall
specify the sampling procedures and
statistical
methods appropriate
for the constituents and facility, consistent
with Section
724.197(g) and
(h).
1)
The owner
or
operator shall
conduct
a sampling program for each
chemical
parameter or hazardous constituent
in
accordance with
Section
724.297(g).
~j
The owner
or
operator shall
record groundwater analytical
data
as measured
and
in
a
form necessary for the determination of
statistical
significance under Section 724.197(h)
for the
compliance period
of the facility.
d
The ewne~
OF
epeFateF nHst dete~ni-nethe eencent~ati-onof
haaa~do~s
consti-t~ents 4-n gFoE~AdwatePat each
noAi-teFi-Rg
weI-I-
at the
conpi-i-aAee
p04-At
at
i-east q~a~te~l-y
dl~Pi-Agthe eenpI-i-ance pe~i-od~I-he owner o~
opeFatoF n~stexp~essthe ceAeeAtFati-eA at each noAi-topi-Ag
wel-I-
i-n a
fo~nneeessa~yfo~the dete~~ni-nati-onof
stati-sti-eaI-I-y
si-gni-fi-c&nt
4ne~eases~nde~ Seeti-on
~24T19~4h4r—
~j
The
owner or operator shall
determine whether there
is statistically
significant evidence of
increased contamination for any chemical
parameter or hazardous constituent specified
in
the permit, pursuant
to subsection
(a),
at
a frequency specified under subsection
(f).
13-371

-158-
fl~
In determining whether statistically significant evidence of
increased
contamination exists,
the owner
or operator shall
use
the
methods
specified
in
the
permit
under Section
724.197(h).
The
methods
must
compare
data
collected
at
the
compliance
points
to
a concentration limit developed
in
accordance with Section
724.194.
~j
The owner
or
operator
shall
determine
whether
there
is
statistically significant evidence of increased contamination at
each monitoring well
at the compliance point within
a reasonable
time period after completion
of the sampling.
The Agency shall
specify that time period
in the facility permit,
after
considering the complexity of the statistical
test and the
availability
of
laboratory facilities
to perform the analysis of
groundwater samples.
e)
The
owner or operator —nest-shall
determine the groundwater flow rate
and direction
in
the
uppermost aquifer
at
least
annually.
f
The eWA~F
OP
opeFateP nHst anal-yze sanpl-es f~en
al-I-
noRi-toPi-Ag
weI-I-s
at the eenpI-i-ance
p01-At to deteFni-Re whether eensti-t~eAtsi-denti-fi-ed
i-a the
i-i-st
of
Appendi-x
I- a~epPesent aRd7
i-f
907
at- what
eoAcentpati-oA~ The
aAal-ysI-s nest be eoRd~ctedat
i-east
aAFu~ai-I-y to
detepn1-ne whether addi-ti-enaI- AppeAdi-x
I- consti-t~entsa~epFeseAt
i-A
the ~ppePnost
a~ii-feFT
I-f the owner o~opeFatoF
fl-nds eonsti-t~ents
f~onAppendi-x
I-
i-n the gFewIdwateP that a~enot
i-denti-fi-ed
i-n the
pe~ni-tas neni-to~4ngeoRsti-t~eAts7the ow~e~
o~opePato~nest FepoPt
the eoncentFati-ons of these
addi-ti-eAaI- eonsti-t~entsto the Agency
wi-thi-n seven days after
eenpI-eti-on
of the anaI-ys4-s~—
fi
The Agency shall
specify the frequencies for collecting samples and
conducting statistical
tests
to determine statistically significant
evidence
of increased contamination
in
accordance
with
Section
724.197(g).
A
sequence
of
at
least
four
samples
from
each
well
(background
and
compliance
wells)
must
be
collected
at
least
semi-
annually
during
the
compliance
period
for
the
facility.
g4
I-he ew~e~
o~ope~ato~
n~st~sep~oeed~~es
aAd nethods fe~sanpl-i-ng
aAd
aRaI-ysi-s that neet the Fe~H4-Penentsof Seet4oA ~241I94d4aAd
~24~19~e4r—
~j
The owner
or operator shall
analyze samples from
all monitoring wells
at the compliance point
for
all constituents contained
in Appendix
I
at
least
annually to determine whether additional
hazardous
constituents
are
present
in the uppermost aquifer and,
if
so,
at what
concentration, pursuant to procedures
in Section
724.198(f).
If the
owner or
operator finds Appendix
I
constituents
in the groundwater
that
are not already
identified
as monitoring constituents, the owner
or operator may resample within one month
and
repeat the Appendix
I
analysis.
If the second analysis confirms the presence of new
constituents, the owner
or operator shall
report the concentration of
these additional
constituents
to the Agency within
seven days after
the
completion
of
the
second
analysis,
and
add
them
to
the monitoring
1m3—372

—159—
list.
If the owner
or operator chooses
not to
resample, then the
owner or operator shall
report the concentrations of these additional
constituents to the Agency within seven days after completion of the
initial
analysis, and add them to the monitoring
list.
h4
The owner e~opeFatep nest detepni-ne whether these
i-s a
stati-sti-cal-I-y
si-gni-fi-eant i-nepease eves the coneeatpati-on
l-i-n4ts fo~any ha~a~de~s
eonsti-t~entsspeei-fi.ed
i-n
the
peFni-t
p~Ps~ant
to
s~bsecti-on4a-)
each
ti-ne the
ewne~op
epepateF
detepn4-nes
the
eoncentpati-on
of
ha~a~de~is
consti-tHents
i-n
g~e~adwate~
at
the
conpI-i-anee
pei-nt~
14
I-n
detePni-ni-ng whethe~a
stat1-sti-cal-i-y si-gni-fi-eant i-nc~easehas
oce~pped7the owner
OF
opePatoP nest conpa~ethe g~o~ndwateF
q~al-i-tyat each noni-toFi-ng
wei-I-
at the
conpI-i-ance p01-nt fop each
hazapdet~sconsti-taent to the cenceAtpat1-oR
I-i-ni-t fe~that
eonsti-t~entaceo~di-ngto the
stati-sti-caI- p~eced~~es
speei-fi-ed
i-n
the
peFni-t ~nde~Sect-i-on ~24TI9~4h4T
2
I-he
owner
oi~epeFatoP
n~stdete~ni-newhethe~these
has
beea
a
stati-sti-eaI-I-y
si-gni-fi-eant i-nc~easeat each nioni-toFi-Ag
wel-I-
at
the
eenpI-i-ance po1-nt7
wi-thi-n
a ~easenabl-e
ti-ne pe~i-odafter
eenpi-eti-on
of
sanpl-i-ng~
I-he Agency
wi-I-I-
speci-fy that
ti-ne
pe~i-od i-n the
faci-I-i-ty
pePni-t7 after censi-de~i-ngthe cenpI-exi-ty
of the stati-sti-eaI- test aAd the
avai-I-abi-I-i-ty of I-abo~ato~y
faci-i-i-ti-es to pe~fe~n
the
anai-ysi-s of gpo~ndwate~
sanpI-esT
h)
If the owner or operator determines,
pursuant
to subsection
(-h—d)
that —the gFo~1ndwateFpPotecti-en standard
i-s—any concentration limits
under Section 724.194 are being exceeded
at
any monitoring well
at
the point
of compliance,
the owner or operator -n~st—shall:
1)
Notify
the Agency of this finding
in writing within
seven
days.
The notification must indicate what concentration limits
have been exceeded.
2)
Submit
to
the
Agency
an
application
for
a
permit
modification
to
establish
a corrective action program meeting the requirements
of Section 724.200 within
180 days,
or within
90 days if
an
engineering feasibility study
has been previously submitted to
the Agency under Section 724.198(h)(5).
The application must
at
a minimum include the following
information:
A)
A detailed description
of corrective actions that will
achieve compliance with the groundwater protection standard
specified
in the permit
under subsection
(a);
and
B)
A plan. for
a
groundwater monitoring program that will
demonstrate the effectiveness of the corrective action.
Such
a
groundwater monitoring program may be
based
on
a
compliance monitoring program developed to meet
the
requirements of this section.
i)
If the owner or operator determines, pursuant to subsection
(—h—d),
that the groundwater -pFoteeti-en
standaFd i-s—concentration limits
103—373

-160-
under this Section are being exceeded at any monitoring well
at the
point
of compliance,
the owner
or
operator
may
demonstrate
that
a
source
other
than
a
regulated
unit caused the —i-nepease
op
that the
4-nepease ~es~l-ted
f~e~
~
i-n
sanpI-4-ng7
anal-ys1-s
o~’evaI-~ati-en~
Whi-I-e
the
ewne~e~epe~atePnay
nake
a
denenst~ati-en~nde~thi-s
pa~ag~aph
i-n addi-ti-en to7 o~i-n
I-i-es
0f7
s~thn4-tti-nga
pe~n4t
nedi-fi-cati-en
appl-i-eati-en
~mde~
s~bseet1-en444)247 the ewneP
OF
opePatoP
i-s
net
peI-i-eved
of
the
pe~4-~enent
to
s~bni-ta
~e~ni-t
nedi-fi-cati-en appI-i-eati-on
wi-thi-n the ti-ne
speei-fi-ed
4-n s~ibseeti-ea
)i-4~24~nI-ess
the denonstpati-en nade ~ndeFthi-s pa~ag~aph
s~ieeessf~I-i-yshows that a se~i~ceether than a ~eg~I-ated
~Ri-t
caused
the
i-nepease
op
that
the
i-ne~ease~es~I-ted f~en~
i-n
sanpI-i-ng7
aAaI-ysi-s e~evaI-~ati-on~—contaminationor that
the detection
is
an
artifact caused
by
an error
in sampling, analysis
or statistical
evaluation,
or natural
variation
in groundwater.
In making
a
demonstration under this paFagPaphsubsection,
the owner or operator
—nest—shall
1)
Notify the Agency
in writing within
seven days that
it intends
to make a demonstration under this paFagFaphsubsection;
2)
Within
90 days,
submit
a
report
to the Agency which demonstrates
that
a source other than a
regulated unit caused the standard to
be
exceeded
or
that
the
apparent
noncompliance
with
the
standards resulted from error
in sampling,
analysis or
evaluation;
3)
Within
90
days,
submit
to
the
Agency
an application for
a permit
modification
to make any appropriate changes
to the compliance
monitoring program at
the facility; and
4)
Continue to monitor
in accord with
the compliance monitoring
program established under this section.
k
j)
If
the
owner
or
operator
determines
that
the
compliance
monitoring
program
no
longer
satisfies
the
requirements
of
this
sSection,
the
owner
or operator —n~st—shall,within
90
days,
submit
an
application
for
a permit modification to make any appropriate
changes
to the
program.
1-4
I-he
ewne~o~opFato~nest
ass~~e
that noni-teFi-ng and
cepPecti-ve
acti-on neas~~es
neeessa~yto
aehi-eve eenpi-i-anee
wi-th the gFo~ndwate~
pPotecti-on standard ~nde~Sect-i-on I-241192 a~etaken d~~i-ngthe
teen
of the
pePni-tr-
(Source:
Amended
at
13 Ill.
Reg.
,
effective
SUBPART 0:
CLOSURE AND POST-CLOSURE
Section 724.211
Closure Performance Standard
The owner
or operator shall
close the facility
in
a manner that:
a)
Minimizes the need for further maintenance; and
1(13- 374

—161—
b)
Controls, minimizes or eliminates, to the extent
necessary to protect
human health and the environment,
post—closure escape of hazardous
waste,
hazardous constituents, leachate, contaminated run-off or
hazardous waste decomposition products to the ground or surface
waters
or to the atmosphere;
and
c)
Complies with the closure
requirements of this Part including,
but
not
limited
to,
the requirements of Sections 724.278, 724.297,
724.328,
724.358,
724.380,
724.410w
—and
—724.451
and
264.701
through
264.703.
(Source:
Amended
at
13
111. Reg.
,
effective
Section 724.212
Closure Plan; Amendment of Plan
a)
Written
Plan.
1)
The
owner
or operator of
a hazardous waste management facility
shall
have
a written closure plan.
In addition, certain surface
impoundments
and waste piles
from which the owner
or operator
intends
to
remove
or decontaminate the hazardous waste
at
partial
or
final
closure are required by Sections
724.328(c)(1)(A)
and 724.358(c)(1)(A)
to have contingent closure
plans.
The plan must be submitted with
the permit application,
in
accordance with
35 111.
Adm. Code 703.183,
and approved by
the Agency
as part of the permit
issuance proceeding under
35
Ill. Adm. Code 705.~
In accordance with 35 Ill.
Adm. Code
703.241,
the approved closure
plan will become
a condition of
any RCRA permit.
2)
The Agency~sapproval
of the plan must ensure that the approved
closure plan
is
consistent with Sections 724.211
through
724.215
and
the applicable requirements
of Sections 724.190
et
seq.,
724.278,
724.297,
724.328,
724.358,
724.380,
724.410,
—and
—724.451
and
264.701.
Until
final
closure
is completed and
certified
in
accordance
with
Section
724.215,
a
copy
of
the
approved
plan
and all
approved revisions —to the
pI-an —must
be
furnished to the Agency upon request,
including request
by mail.
b)
Content
of
plan.
The
plan must identify steps necessary to perform
partial
—and,’—or final
closure of the facility at
any point during
its active
life.
The closure plan must include,
at
least:
1)
A description
of how each hazardous waste management unit
at
the
facility will
be closed
in
accordance with Section 724.211;
2)
A description
of
how
final
closure
of the facility will
be
conducted
in accordance with Section
724.211.
The description
must identify the maximum extent of the operations which will
be
unclosed during the active life
of the facility;
and
3)
An
estimate of the maximum inventory of hazardous wastes ever
on-site over the active life of the facility and
a detailed
1(13—3 7 5

-162-
description of
the methods
to
be used during partial
closures
and
final
closure,
including,
but
not
limited
to,
methods
for
removing,
transporting, treating, storing
or
disposing
of
all
hazardous
wastes,
and
identification
of
the
type(s)
of
off-site
hazardous waste management units
to
be used,Jf applicable;
and
4)
A detailed description
of the steps
needed
to remove or
decontaminate all
hazardous waste
residues and contaminated
containment
system components, equipment, structures
and soils
during
partial
and final
closure, including, but not limited
to,
procedures for cleaning equipment and removing contaminated
soils,
methods for sampling
and testing surrounding soils
and
criteria for determining the extent
of decontamination required
to satisfy
the closure performance
standard; and
5)
A detailed description of other activities necessary during the
closure period
to ensure that all
partial
closures and
final
closure satisfy the closure performance
standards,
including,
but
not
limited
to, groundwater monitoring,
leachate collection,
and
run—on
and
run-off control
;
and
6)
A schedule for closure
of
each hazardous waste management unit
and for
final
closure
of the facility.
The schedule must
include,
at
a minimum, the total
time required to close each
hazardous waste management unit and
the time required
for
intervening
closure activities which will allow tracking of the
progress of partial
and final
closure.
(For example,
in the
case of
a
landfill
unit,
estimates of the time required to treat
and dispose
of
all hazardous waste inventory and
of the time
required
to place
a
final
cover must be
included.)
7)
For
facilities
that use trust funds
to establish
financial
assurance under Section
724.243
or 724.245
and
that are expected
to close
prior to
the
expiration
of
the
permit,
an estimate
of
the
expected
year
of
final
closure.
c)
Amendment
of
the
plan.
The
owner
or
operator
shall
submit
a
written
notification
of
or
request
for
a
permit
modification
to
authorize
a
change
in
operating plans, facility design
or the approved closure
plan in accordance with the applicable procedures
in
35 Ill. Adm.
Code 702,
703 and 705.
The written notification
or request must
include
a copy of the amended closure plan
for review
or approval
by
the
Agency.
1)
The
owner or operator may
submit
a written notification
or
request
to the Agency
for
a permit modification to amend the
closure
plan
at
any time prior to notification
of
partial
or
final
closure
of
the
facility.
2)
The owner
or operator
shall
submit
a written notification
of
or
request for
a permit modification
to authorize
a change
in the
approved closure plan whenever:
A)
Changes
in
operating
plans
or
facility
design
affect
the
1fl3—37~

-163—
closure plan,
or
B)
There
is
a change in the expected year of closure,
if
applicable.
C)
In conducting partial
or final
closure activities,
unexpected events
require modification of the approved
closure plan.
3)
The owner
or operator shall
submit
a
written
request
for
a
permit modification including a copy of the amended closure plan
for approval
at least 60 days prior to the proposed change in
the
facility design or operation,
or
no
later than
60 days after
an unexpected event
has occurred which has affected the closure
plan.
If
an unexpected event occurs during the partial
or
final
closure period, the
owner
or operator shall
request
a permit
modification
no
later
than
30
days
after
the
unexpected
event.
An owner
or operator of
a surface impoundment
or waste pile that
intends
to
remove
all
hazardous waste
at
closure and is not
otherwise required to prepare
a contingent closure plan under
Sections 724.328(c)(1)(A)
or
724.358(c)(1)(A),
shall
submit
an
amended closure plan to the Agency
no
later than 60 days after
the date the
owner
or operator or Agency determines that the
hazardous waste management unit must be closed
as
a
landfill,
subject
to the requirements of Section
724.410,
or
no later than
30 days after that date
if the determination
is made during
partial
or
final
closure.
The Agency
shall
approve, disapprove
or modify this amended plan
in accordance with the procedures
in
35
Ill.
Adm. Code 702,
703 and 705.
In accordance with 35 Ill.
Adm. Code 702.160 and
703.241,
the approved closure plan will
become
a condition
of any RCRA permit
issued.
4)
The Agency
may
request modifications
to the
plan under the
conditions
described
in Section
724.212(c)(2).
The
owner
or
operator shall
submit the modified plan within
60 days after the
Agency’s
request,
or within
30 days
if the change
in facility
conditions
occurs
during partial
or
final
closure.
Any
modifications requested by the Agency
shall
be approved
in
accordance with the procedures
in 35
Ill.
Adm. Code
702, 703 and
705.
d)
Notification
of
partial
closure
and
final
closure.
1)
The owner
or operator
shall
notify
the Agency
in writing
at
least
60 days prior
to the date
on which the owner
or operator
expects to begin
closure
of
a surface
impoundment, waste pile,
land treatment or landfill
unit,
or
final
closure
of
a facility
with
such
a
unit.
The
owner
or
operator
shall
notify
the
Agency
in writing
at
least
45 days prior to the date on which
the
owner
or operator expects
to begin
final
closure
of
a
facility with
only treatment or storage tanks,
container storage,
or
incinerator units
to
be closed.
2)
The
date
when
the
owner
or operator “expects to begin
closure”
1fl3-377

-164-
must be either
no
later than 30 days after the date on which
any
hazardous waste management
unit receives the known
final
volume
of
hazardous wastes
or,
if there
is
a
reasonable possibility
that
the
hazardous
waste
management
unit
will
receive
additional
hazardous
wastes,
no
later
than
one
year
after
the
date
on
which
the
unit received the most recent volume of
hazardous waste.
If
the owner
or operator of
a hazardous waste management unit
demonstrates
to the Agency that
the hazardous waste management
unit
or
facility
has
the
capacity
to
receive
additional
hazardous
wastes
and
that
the
owner
and
operator
have
taken,
and
will
continue to take,
all
steps
to prevent
threats
to
human
health and
the environment,
including compliance with
all
applicable permit
requirements, the Agency
shall
approve
an
extension
to
this
one-year
limit.
3)
If the
facility’s
permit
is
terminated,
or
if the facility
is
otherwise ordered,
by judicial decree
or Board order to
cease
receiving hazardous wastes
or
to close,
then the requirements
of
this subsection do not apply.
However,
the owner
or operator
shall
close the facility in accordance with the deadlines
established
in Section 724.213.
e)
Removal
of wastes and decontamination
or dismantling of equipment.
Nothing
in
this Section shall
preclude the owner or operator from
removing hazardous wastes
and decontaminating
or dismantling
equipment in accordance with the approved partial
or final
closure
plan
at any time before
or after notification
of partial
or
final
closure.
(Source:
Amended
at
13
111.
Reg.
,
effective
Section 724.214
Disposal
or Decontamination
of Equipment,
Structures and Soils
During the partial
and final
closure periods,
all
contaminated equipment,
structures and
soils must
be properly disposed of or decontaminated
unless
otherwise specified in Sections
724.297,
724.328,
724.358, 724.380—i—
or
724.410,
or
under the authority of Sections 724.701 and 724.703..
By removing
any hazardous wastes
or hazardous constituents during
partial
and
final
closure, the
owner or operator may become
a generator of hazardous waste and
shall
handle that waste
in accordance with
all
applicable
requirements
of
35
Ill.
Adm.
Code
722.
(Source:
Amended at
13
Ill.
Reg.
,
effective
Section 724.217
Post-closure Care and Use of Property
a)
Post-closure
care
period.
1)
Post-closure care for each hazardous waste management unit
subject
to the requirements
of Sections 724.217 through
724.220
must begin after completion
of closure of
the unit and continue
for 30 years
after that date and must consist of at
least the
following:
1(13--37S

-165-
A)
Monitoring and reporting in accordance with the
requirements
of
Subparts
F,
K,
L,
M~
—and
—N
and
X
and
B)
Maintenance and monitoring of waste
containment systems
in
accordance with the requirements
of Subparts
F,
K,
L, M~
—and
-N
and
X.
2)
Any time preceding partial
closure
of
a
hazardous waste
management unit subject
to post—closure care requirements
or
final
closure,
or any time during the post—closure care period
for
a particular unit,
A)
Shorten
the
post-closure
care
period
applicable
to
the
hazardous waste management unit,
or facility,
if
all
disposal
units have been closed,
if the Board
finds that
the
reduced period
is sufficient
to protect
human
health
and the environment
(e.g.,
leachate
or groundwater
monitoring
results, characteristics
of the waste,
application
of advanced technology
or alternative disposal,
treatment or
re—use techniques indicate that the hazardous
waste management unit
or facility is secure);
or
B)
Extend
the post-closure care period applicable
to the
hazardous waste management
unit or facility
if the Board
finds
that the extended period
is necessary
to protect
human
health and the environment
(e.g.,
leachate or
groundwater monitoring
results indicate
a potential
for
migration of hazardous wastes
at levels which may be
harmful
to human
health
and the environment).
C)
Reduction
or extension of the post-closure care period will
be
by rulemaking pursuant
to
35 Ill. Adm. Code
102.
b)
The
Agency
shall
require,
at
partial
or
final
closure,
continuation
of
any of the security requirements
of Section
724.114 during
part or
all
of the post—closure
period when:
1)
Hazardous wastes may
remain exposed
after completion
of partial
or
final
closure;
or
2)
Access
by
the public
or domestic livestock may pose
a hazard
to
human
health.
c)
Post—closure use
of property on
or
in which hazardous wastes
remain
after
partial
or
final
closure must never
be allowed
to disturb the
integrity of the final
cover,
liner(s) or any other components
of the
containment
system,
or
the
function
of
the
facility’s monitoring
systems, unless the Agency finds,
by way of
a permit modification,
that the disturbance:
1)
Is necessary to the proposed use of the property, and will
not
increase the potential
hazard
to
human health
or the
environment;
or
1~3--37’)

-166-
2)
Is necessary
to reduce a threat
to human
health
or the
environment.
d)
All
the post—closure care activities must
be in accordance with the
provisions
of the approved post- closure plan as
specified
in Section
724.218.
(Source:
Amended
at
13 Ill. Reg.
,
effective
)
Section 724.218
Po-~t-closurePlan; Amendment of Plan
a)
Written Plan.
The owner
or operator of
a hazardous waste disposal
unit
shall
have
a written post—closure
plan.
In addition, certain
surface
impoundments and waste piles
from which the owner
or operator
intends
to remove
or decontaminate the hazardous wastes
at
partial
or
final
closure
are required
by Sections 724.328
(c)(1)(B) and 724.358
(c)(1)(B) to have contingent—)- post—closure plans.
Owners
or
operators
of surface impoundments and waste piles
not otherwise
required to prepare contingent post—closure plans
under Sections
724.328(c)(1)(B)
or 724.358(c)(1)(B) shall
submit
a post—closure plan
to
the Agency within
90 days from the date that the owner or operator
or Agency determines that the hazardous waste management unit must
be
closed
as
a
landfill, subject
to the requirements of Sections 724.217
through 724.220.
The plan must be submitted with the permit
application,
in
accordance with
35 Ill. Adm. Code 703.183,
and
approved
by
the
Agency
as
part
of
the
permit
issuance
proceeding
under
35
Ill.
Adm.
Code
705.
In
accordance
with
35
Ill.
Adrn.
Code
703.241,
the approved post-closure plan will become
a condition of
any RCRA permit
issued.
b)
For each hazardous waste management
unit subject
to the requirements
of
this
Section,
the
post-closure
plan
must
identify
the
activities
that will
be carried
on after closure and the frequency of these
activities,
and include
at
least:
1)
A
description
of
the planned monitoring activities and
frequencies which
they will
be performed to comply with Subparts
F,
K,
L,
M,
—and
—N and
X during the post-closure care period;
2)
A description
of the planned maintenance activities,
and
frequencies
at which
they will
be performed,
to ensure:
A)
The
integrity
of
the
cap
and
final
cover
or
other
containment systems
in
accordance with the
requirements
of
Subparts
F,
K,
L,
M,
—and
—N
and X
and
B)
The
function of
the facility monitoring equipment
in
accordance with
the
requirements
of Subparts
F,
K,
L,
Fl,
—and
—N
and
X
and
3)
The
name,
address
and
phone
number
of
the
person
or
office
to
contact
about the hazardous disposal unit during
the post-
closure
period.
I 03—38’I

-167-
c)
Until
final
closure of the facility, a copy of the approved post-
closure plan must be furnished to the Agency upon request, including
request
by mail.
After
final closure has been certified,
the person
or
office
specified
in
subsection
(b)(3)
shall
keep
the
approved
post-closure
plan
during
the
remainder
of
the
post—closure
period.
d)
Amendment of plan.
The owner or operator shall
submit
a written
notification
of
or
request
for
a
permit
modification
to
authorize
a
change in the approved post~Tosureplan
in accordance with the
applicable
requirements
of
35 Ill. Adm. Code 7G~and 705.
The
written notification
or request must include
a copy of the amended
post—closure plan for
review
or approval
by the Agency.
1)
The
owner or operator may submit
a written notification
or
request
to the Agency for
a permit modification
to amend
the
post-closure plan
at any time during the
active life
of the
facility or during
the post—closure care period.
2)
The
owner
or operator shall
submit
a written notification
of or
request for
a permit modification to authorize a change
in the
approved post-closure plan whenever
A)
Changes
in
operating
plans
or
facility
design
affect
the
post-closure
plan;
or
B)
There
is
a
change
in the expected year of closure
if
applicable;
or
C)
Events occur during the active
life of the facility,
including
partial
and final
closures, which
affect
the
approved post-closure plan.
3)
The
owner
or operator shall
submit
a written
request for
a
permit
modification
at
least
60 days prior to
the proposed
change
in
facility design
or operation,
or
no later than 60 days
after
an unexpected event
has occurred which
has affected the
post-closure plan.
An owner or operator
of
a
surface
impoundment or waste pile that intends
to
remove
all
hazardous
waste
at
closure
and
is not otherwise required
to
submit
a
contingent post-closure plan under Sections 724.328(c)(1)(B)
or
724.358(c)(1)(B)
shall
submit
a post—closure plan
to the Agency
no later than 90 days after the date that the owner or operator
or Agency determines that the hazardous waste management unit
must be closed
as
a landfill,
subject
to the requirements of
Section 724.410.
The Agency
shall
approve, disapprove
or modify
this plan
in
accordance with the procedure
in
35
Ill.
Adm. Code
703 and 705.
In accordance with
35 Ill.
Adrn.
Code 703.241,
the
approved post-closure plan will become
a permit
condition.
4)
The Agency may
request modifications to the plan under the
conditions described
in
subsection
(d)(2).
The owner
or
operator shall
submit the modified plan no
later than
60 days
after the
request, or
no later than 90 days if the unit
is
a
103—3~1

-168-
surface impoundment or waste pile
not previously required to
prepare
a contingent post-closure plan.
Any modifications
requested by the Agency
shall
be
approved, disapproved or
modified
in accordance with
the procedure in
35 Ill. Adm. Code
703 and
705.
(Source:
Amended at
13
Ill.
Reg.
,
effective
)
SUBPART
H:
FINANCIAL REQUIREMENTS
Section 724.241
Definitions
of Terms As Used In This Subpart
a)
“Closure
plan”
means
the
plan
for
closure
prepared
in
accordance
with
the requirements
of Section 724.212.
b)
“Current
closure
cost
estimate”
means
that
the
most
recent
of
the
estimates prepared
in
accordance with Section-s— 724.242(a),
(b)
and
(c).
c)
“Current post-closure cost estimate” means the most recent of the
estimates prepared in
accordance with Section-s- 724.244(a),
(b)
and
(c).
d)
“Parent
corporation”
means
a
corporation
which
directly
owns
at
least
50 percent
of the voting
stock
of the corporation which
is the
facility owner
or operator;
the
latter corporation
is
deemed
a
“subsidiary”
of the
parent corporation.
e)
“Post-closure plan”
means the
plan for post-closure
care prepared in
accordance with the requirements
of Sections 724.217 through 724.220.
f)
The
following
terms
are
used
in
the
specifications
for
the
financial
test
for
closure,
post—closure care
and liability coverage.
The
definitions
are
intended to
assist
in the understanding of these
regulations
and
are
not
intended
to
limit
the
meanings
of
terms
in
a
way
that conflicts with generally accepted accounting practices.
“Assets”
means
all
existing
and
all
probable
future
economic
benefits obtained
or controlled
by
a particular entity.
“Current
assets” means cash or other
assets
or
resources
coninonly identified
as those which
are reasonably expected to
be
realized
in
cash or sold or
consumed during the normal
operating
cycle
of the business.
“Current liabilities” means
obligations whose liquidation
is
reasonably expected to require
the use of existing resources
properly classifiable
as current assets
or the creation of other
current
liabilities.
“Current plugging and abandonment cost estimate” means the most
recent
of
the estimates prepared
in accordance with
35
Ill
Adm.
Code 704.212(a),
(b) and
(c).
1n3~~3!37

—169—
“Independently audited” refers
to
an audit performed by
an
independent certified public accountant
in accordance with
generally accepted auditing standards.
“Liabilities” means probable future sacrifices
of economic
benefits
arising from present obligations to
transfer assets
or
provide services to other entities
in the future as
a result of
past transactions
or events.
“Net working capital” means current assets
minus current
liabilities.
“Net worth” means total
assets minus total
liabilities and is
equivalent
to owner’s equity.
“Tangible
net worth” means the tangible assets that remain after
deducting liabilities;
such assets would not
include
intangibles
such
as
goodwill
and rights
to
patents
or royalties.
g)
In
the
liability
insurance
requirements
the
terms
“bodily
injury”
and
“property damage”
—shai-i- -have the meanings given
-these tePns
by
appI-i-cabl-e State
I-awT kowevep7 these te~nsdo not
1-ncI-~dethose
I-i-abi-I-i-ti-es whi-eh7 eoRsi-stent wi-th
standard 4nd~st~y
pFaeti-ees7
a~e
exeI-~idedf~eneove~age i-n
I-i-abi-I-i-ty
poI-i-ei-es fe~bedi-I-y
i-R~bPy
and
pFopeFty danage-below.
The Board
intends the meanings
of other terms
used
in the liability insurance requirements
to
be consistent with
their comon meanings within the insurance industry.
The definitions
given below of
several
of
the terms are intended
to assist
in
the
understanding of these
regulations
and are not intended to limit
their meanings
in
a way that conflicts with general
insurance
industry usage.
“Accidental
occurrence”
means
an
accident,
including
continuous
or
repeated
exposure
to
conditions,
which
results
in
bodily
injury
or
property damage
neither expected nor
intended from
the
standpoint
of
the
insured.
“Bodily injury” means
bodily injury, sickness or disease
sustained by
a person,
including death resulting from any of
these
at any time.
However, this term does not
include those
liabilities which,
consistent with standard insurance industry
practices,
are excluded from coverage
in liability insurance
policies
for bodily
injury.
BOARD NOTE:
Derived from 40 CFR 264.141
(1988),
as amended
at
53 Fed.
Reg.
33950, September
1,
1988,
modified
to insert the
Insurance Services Office definition.
“Environmental damage” means
the injurious presence
in
or upon
land,
the atmosphere
or any watercourse
or body of water
of
solid,
liquid,
gaseous
or thermal
contaminants, irritants or
pollutants.
BOARD
NOTE:
This term
is used
in
the definition of “pollution
1(13—333

-170-
incident”.
“Legal
defense costs” means
any expenses that an
insurer
incurs
in defending against claims
of third parties brought under the
terms and conditions
of
an insurance policy.-
“Nonsudden accidental
occurrence” means
an occurrence which
takes
place over time and involves continuous
or repeated
exposu re.
“Pollutants” means any solid,
liquid,
gaseous
or thermal
irritant or contaminant,
including smoke,
vapor,
soot, fumes,
acids,
alkalis, chemicals and waste.
BOARD NOTE:
This definition
is
used
in the definition
of
“pollution
incident”.
“Pollution
incident”
means emission, discharge,
release or
escape
of
pollutants
into
or upon land,
the atmosphere
or any
watercourse
or body of water,
provided that such emission,
discharge,
release
or escape
results
in
“environmental
damage”.
The entirety of any such emission, discharge,
release
or escape
shall
be deemed
to
be one
“pollution
incident”.
“Waste” includes materials to
be recycled,
reconditioned or
reclaimed.
The term ~pollution
incident” includes
an
“occurrence”.
BOARD NOTE:
This definition
is
used
in
the definition
of
“property
damage”.
“Property damage”
means
Either:
Physical
injury
to, destruction
of or contamination
of
tangible property,
including
all
resulting loss
of
use
of
that
property;
or
Loss
of use of tangible property that
is
not
physically injured, destroyed or contaminated, but has
been evacuated, withdrawn from use or
rendered
inaccessible because
of
a
“pollution incident”.
This term does
not
include
those liabilities which,
consistent with standard insurance industry practices,
are
excluded from coverage in liability insurance policies for
property damage.
BOARD NOTE:
Derived from 40 CFR 264.141
(1988),
as amended
at
53 Fed.
Reg.
33950, September
1,
1988,
modified to
insert
the
Insurance
Services
Office
definition.
“Sudden
accidental
occurrence” means
an
occurrence which
is
not
continuous
or
repeated
in
nature.
103--334

—171—
J21
“Substantial
business relationship” means that one business entity
has an
ownership interest
in another.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
)
Section 724.242
Cost Estimate for Closure
a)
The
owner
or
operator
shall
have
a
detailed
written
estimate,
in
current
dollars,
of
the
cost
of
closing
the
facility
in
accordance
with
the
requirements
in
Sections
724.211 through 724.215 and
applicable closure requirements
in Sections 724.278, 724.297,
724.328, 724.358,
724.380,
724.410, —and —724.451 and 724.701 through
724. 703.
1)
The estimate must equal
the cost of
final
closure
at the
point
in the facility’s
active
life when the extent
and manner
of
its
operation would make closure the most expensive,
as
indicated by
its closure plan
(see Section 724.212(b));
and
2)
The closure cost estimate must
be
based
on the costs
to the
owner or operator of hiring
a third party
to close the
facility.
A third party
is
a party who
is
neither
a parent nor
a
subsidiary
of
the
owner
or
operator.
(See
definition
of
parent
corporation
in Section 724.241(d)).
The owner
or
operator may use costs
for on-site disposal
if the owner
or
operator can demonstrate
that on—site disposal
capacity will
exist
at
all
times over the life of the
facility.
3)
The closure cost estimate must not incorporate any salvage value
that may be
realized with
the sale
of hazardous wastes, facility
structures
or equipment,
land or
other assets associated with
the facility
at
the time of
partial
or
final
closure.
4)
The
owner
or
operator
shall
not
incorporate
a
zero
cost
for
hazardous wastes that might
have economic
value.
b)
During
the
active
life
of
the
facility,
the
owner
or
operator
shall
adjust
the closure cost estimate for inflation within
60 days prior
to the anniversary date of the establishment
of the financial
instrument(s) used to comply with Section 724.243.
For owners and
operators
using
the
financial
test
or
corporate
guarantee,
the
closure cost estimate must be updated for inflation within
30 days
after the close
of the
firm’s fiscal year and before
submission of
updated information to
the Agency
as specified
in Section
724.243(f)(3).
The adjustment
may be made by
recalculating the
maximum costs
of closure
in current dollars,
or by
using
an
inflation
factor derived from the annual
Implicit Price Deflator
for Gross
National Product
as
published by
the U.S. Department
of Cornerce
in
its Survey
of Current Business as
specified in subsections
(b)(1)
and
(b)(2).
The inflation factor
is
the result
of dividing the
latest
published annual
Deflator by the Deflator for the previous year.
1)
The
first adjustment
is made by multiplying
the closure cost
1’13--385

-172-
estimate by the inflation factor.
The
result
is
the adjusted
closure
cost
estimate.
2)
Subsequent adjustments are made by multiplying the latest
adjusted
closure
cost
estimate
by
the
latest-inflation
factor.
c)
During the active
life of the facility the owner or operator shall
revise
the closure cost estimate no later than
30 days after the
Agency has approved the
request
to modify the closure plan,
if the
change
in the closure plan increases the
cost of closure.
The
revised closure cost estimate must be
adjusted for inflation as
specified
in Section
724.242(b).
d)
The owner
or operator shall
keep the following
at
the facility during
the operating life of the facility:
The latest closure cost estimate
prepared
in
accordance with Sections 724.242(a) and
(c) and,
when
this estimate has been adjusted
in accordance with Section
724.242(b), the
latest adjusted closure
cost estimate.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section 724.244
Cost Estimate
for Post—closure Care
a)
The owner
or operator of
a disposal
surface impoundment,
disposal
miscellaneous
unit,
land treatment
unit, —o~—landfill
unit,
or
of
a
surface impoundment
or waste pile required under Sections 724.328
or
724.358 to
prepare
a contingent
closure and post—closure plan
shall
have
a
detailed written estimate,
in current dollars,
of the annual
cost
of post—closure monitoring and maintenance
of the facility
in
accordance with the applicable post-closure regulations
in Sections
724.217 through 724.220,
724.328, 724.358, 724.380, —and —724.410 and
724.603.
1)
The post—closure
cost estimate must
be
based
on
the costs
to the
owner
or
operator
of
hiring
a
third
party
to
conduct
post—
closure care activities.
A third party
is
a party who
is
neither
a
parent
nor
a subsidiary
of the owner
or operator.
(See
definition
of
parent corporation
in Section
724.241(d)).
2)
The post-closure cost estimate
is
calculated by multiplying the
annual
post—closure cost estimate
by the
number
of years
of
post—closure care required under Section 724.217.
b)
During the active
life of the facility, the owner
or operator shall
adjust
the post—closure cost estimate for inflation within 60 days
prior
to the anniversary date of the establishment of
the financial
instrument(s) used to comply with Section 724.245.
For owners
or
operators
using
the
financial
test
or
corporate
guarantee,
the
post—
closure cost estimate must be
updated for inflation within
30 days
after the close
of
the
firm’s
fiscal year
and before the
submission
of updated
information to the Agency
as
specified in Section
724.245(f)(5).
The adjustment
may be made
by recalculating the post—
closure cost estimate
in current dollars
or
by using
an inflation
factor derived
from the annual
Implicit Price
Deflator for Gross

-173—
National Product
as
published by the U.S. Department
of Coninerce
in
its Survey of Current Business as specified
in subsections
(b)(1) and
(b)(2).
The inflation factor
is the result
of dividing the
latest
published
annual Deflator
by the Deflator for the previous year.
1)
The first
adjustment
is made by multiplying the post-closure
cost estimate by the
inflation factor. The result
is the
adjusted post-closure cost estimate.
2)
Subsequent adjustments
are made by multiplying the latest
adjusted post—closure cost estimate by the
latest
inflation
factor.
c)
During the active life of
the facility the owner or operator
shall
revise the post—closure cost estimate within
30 days after the Agency
has
approved
a
request
to modify the post—closure plan,
if the change
in the post-closure plan increases the
cost
of post—closure care.
The
revised post-closure cost estimate must
be adjusted
for inflation
as specified
in Section
724.244(b).
d)
The
owner
or operator shall
keep the following at the facility during
the operating life of
the
facility:
The latest post—closure cost
estimate prepared
in
accordance with Section 724.244(a) and
(c) and,
when this estimate
has
been adjusted
in
accordance with Section
724.244(b),
the
latest
adjusted post—closure cost estimate.
(Source:
Amended
at
13 111. Reg.
,
effective
)
Section 724.247
Liability Requirements
a)
Coverage for sudden accidental
occurrences.
An owner
or operator
of
a hazardous waste treatment, storage
or disposal facility,
or
a
group
of such facilities,
shall
demonstrate financial
responsibility for
bodily
injury and property damage
to third
parties caused
by sudden
accidental
occurrences arising
from operations
of
the facility or
group
of facilities.
The
owner
or operator shall
have and maintain
liability coverage for
sudden accidental
occurrences
in
the amount
of
at least
$1 million
per occurrence with an
annual
aggregate of
at
least
$2 million, exclusive of
legal
defense costs.
This liability
coverage may be demonstrated
—i-n one of three ways7 —as specified
in
subsections
(a)(1),
(a)(2), —and —(a)(3)
(a)(4),
(a)(5)
or
(a)(6):
1)
An
owner
or
operator
may
demonstrate
the
required
liability
coverage
by
having
liability
insurance
as
specified
in
this
pa~ag~aphsubsecti
on.
A)
Each
insurance
policy
must
be
amended
by
attachment
of
the
Hazardous Waste Facility Liability Endorsement
or evidenced
by
a Certificate
of Liability Insurance.
The wording
of
the
endorsement
must
be
as
specified
in
Section
724.251.
The wording
of the certificate of
insurance must be
as
specified in Section 724.251.
The owner
or operator shall
submit
a
signed duplicate original
of the endorsement
or
the
certificate
of
insurance
to
the
Agency.
If
requested
1(13-387

-174-
by the Agency, the owner
or operator shall
provide
a
signed
duplicate original
of the insurance policy.
An owner
or
operator of
a new facility shall
submit the signed
duplicate
original
of the Hazardous Waste Facility
Liability Endorsement or the Certificate of Liability
Insurance to the Agency
at
least
60 days before the date on
which hazardous waste
is
first received for treatment,
storage or disposal.
The insurance must be effective
before this initial
receipt
of hazardous waste.
B)
Each insurance policy must
be
issued
by an
insurer which—7
at
a
ni-ni-nwn
i-s
I-i-eense~to
transact
the
bdsi-ness
of
i-ns~IFaRce7o~eI-i-gi-bI-e to pFovi-de i-ns~paneeas
an excess o~
s~~p~s
I-i-nes i-ns~i~e~7
i-n one e~nope states—
is
licensed
by the Illinois Department of Insurance.
2)
An owner
or operator may meet the requirements
of this Section
by
passing
a
financial
test
or
using
the
—ee~pe~ate
—guarantee
for liability coverage
as specified
in
subsection—s ~f)and—
(g).
~J
An owner
or operator may meet
the requirements
of this Section
by
obtaining
a
letter
of credit
for liability coverage as
specified
in subsection
(h).
4)
An owner
or operator may meet the requirements
of this Section
by obtaining
a surety bond for liability coverage as specified
in subsection
(i).
~J
An
owner
or
operator
may
meet
the
requirements
of
this Section
by
obtainin9
a trust fund for liability coverage
as
specified
in
subsection
(j).
3
b)
An
owner
or
operator may demonstrate the required liability
coverage
through
the use of —the—combinations
of
insurance,
financial
test,
—+ns9Fance7 the eo~~ena~e
—guarantee,
—a
ee~i-nati-enof
the
fi-nanei-a4-
test
and
+ns~~anee
e~a
eeR~i-nati-en
of the coFpoFate g~aFaRteeand i-ns~+~anee—letterof credit,
surety
bond and trust
fund,
except that the owner or operator
may not
combine
a
financial
test covering part of the liability
coverage requirement with
a guarantee unless the
financial
statement of the owner
or operator
is not consolidated with the
financial
statement of the guarantor.
The amounts
of coverage
demonstrated must total
at
least
the minimum amounts
required by
this —subs—Section.
If the owner
or operator demonstrates
the
required coverage through the use of
a combination
of financial
assurances under this subsection,
the owner
or operator shall
specify
at
least
one
such assurance
as
“primary” coverage,
and
shall
specify other
such assurance
as
“excess” coverage.
fl
An owner or operator shall
notify the Agency within
30 days:
L~
Whenever
a claim for bodily injury
or property damage
caused
by the operation
of
a
hazardous waste treatment,
1~338~i

—175—
storage or disposal
facility
is made against the owner
or
operator
or
an instrument providing
financial
assurance for
liability coverage under this Section;
or
j~j
Whenever the amount
of
financial assurance for liability
coverage under this Section provided by
a
financial
instrument authorized by subsections
(a)(1)
through
(a)(6)
is
reduced.
b)
Coverage for nonsudden accidental
occurrences.
An owner
or operator
of
a
surface impoundment, landfill,
—op
—land
treatment
facility
or
miscellaneous disposal
unit which
is
used to manage hazardous waste,
or
a
group
of such facilities,
shall
demonstrate financial
responsibility for bodily injury
and property damage
to third
parties
caused
by
nonsudden accidental
occurrences arising from operations of
the facility
or group
of facilities.
The
owner
or operator shall
have and maintain liability coverage for nonsudden accidental
occurrences
in the amount
of
at
least
$3 million per occurrence with
an annual aggregate
of
at
least
$6 million, exclusive of legal
defense costs.
An owner
or operator meeting the requirements
of
this
Section may combine the
required per-occurrence coverage levels
for
sudden
and nonsudden accidental
occurrences into
a single per—
occurrence level,
and combine the required annual
aggregate coverage
levels
for sudden
and nonsudden accidental
occurrences
i,nto
a single
annual
aggregate
level.
Owners
or
operators who combine coverage
levels for sudden and nonsudden accidental
occurrences
shall
maintain
liability coverage
in the amount
of
at
least
$4 million per
occurrence and $8 million annual
aggregate.
This liability coverage
may be demonstrated
-i-n one of
three ways7 -as specified
in
subsections
(b)(1),
(b)(2), —and —(b)(3),
(b)(4),
(b)(5)
or
(b)(6):
1)
An owner
or operator may demonstrate the required liability
coverage
by
having
liability
insurance
as
specified
in
this
paragraph.
A)
Each insurance policy must
be amended by
attachment
of the
Hazardous
Waste
Facility
Liability
Endorsement
or
evidenced
by
a
Certificate
of
Liability
Insurance.
The
wording
of
the endorsement must
be
as
specified
in Section 724.251.
The wording
of the certificate
of insurance must
be
as
specified
in Section 724.251.
The owner
or operator —~st
—shall
submit
a signed duplicate original
of the
endorsement
or
the
certificate
of
insurance
to
the
Agency.
If requested by the Agency,
the owner
or operator
shall
provide
a signed duplicate original
of
the insurance
policy.
An
owner
or operator of
a new facility
shall
submit~the signed duplicate original
of the Hazardous Waste
Facility Liability Endorsement
or the Certificate
of
Liability Insurance to the Agency
at
least
60 days before
the date on which
hazardous waste
is
first
received for
treatment,
storage
or disposal.
The insurance must be
effective before this
initial
receipt
of hazardous waste.
B)
Each insurance policy must
be
issued
by
an
insurer which—7
103 38~

-176-
at
a ~i-ni-n*~n7
i-s
1-i-censed ~o tpansaet the b~si-nessof
i-ns~~ance7o~e1i-gi-b~-e to p~ovi-dei-ns~~ance
as
an excess o~
s~i~pl.~s
~-i-nes
i-ns~~e~
i-n
one e~~o~estates—
is licensed by
the Illinois Department
of Insurance.
2)
An owner
or operator may meet
the requirements of this Section
by
passing
a financial test
or using the -eeP~eFate—guarantee
for liability coverage
as
specified
in subsections
(f)
and
(g).
~
An
owner
or operator may meet the requirements
of this Section
by obtaining
a letter
of credit
for liability coverage
as
specified
in subsection
(h).
4)
An owner
or operator may meet the requirements
of this Section
by obtaining
a surety bond
for liability coverage
as specified
in subsection
(i).
5)
An owner
or
operator may meet
the requirements
of this Section
by obtainin’~ a trust
fund for liability coverage
as specified
in
subsection
(j).
3
6)
An owner
or operator may demonstrate the required liability
coverage through
the use of —the—combinations of
insurance,
financial
test,
-4ns~~ance7
the
ce~po~até
—guarantee,
—a
con~bi-nati-onof ~hefi-nanei-a
test
and i-ns~~aneee~a
coffibi-nati-on
of the eo~~o~ate
g~a~antee
and i-ns~~ance-letterof credit,
surety bond
and trust
fund,
except that the owner or operator
may
not combine
a financial
test covering part of the liability
coverage requirement with
a guarantee unless
the financial
statement
of the owner
or operator
is
not consolidated with the
financial
statement of the guarantor.
The amounts of coverage
demonstrated must total
at
least
the minimum amounts required by
this
—sHbs-Section.
If the
owner
or
operator
demonstrates
the
reguired coverage through the use
of
a combination
of financial
assurances
under this subsection,
the
owner
or operator
shall
~p~cifyat
least
one
such assurance
as
“primary”
coverage,
and
shall
specify other such assurance
as
“excess” coverage.
jJ
An
owner
or
operator shall
notify the Agency within
30 days:
~j
Whenever
a claim for bodily
injury
or property damage
caused
by the operation of
a
hazardous waste treatment,
storage or disposal facility
is made against the owner
or
operator or
an
instrument providing
financial
assurance
for
liability coverage
under this Section;
or
~J
Whenever the amount
of
financial
assurance for liability
coverage
under this Section provided by
a
financial
instrument authorized
by subsections
(a)ç1)
through
(a)(6)
is
reduced.
c)
Request for adjusted level
of
required liability coverage.
If
an
owner
or operator demonstrates
to the Agency that
the levels
of
financial
responsibility
required
by
subsections
(a)
or
(b)
are
not
103-
30(1

—177—
consistent with the degree and duration of
risk associated with
treatment,
storage or disposal
at the facility
or group
of
facilities,
the owner or operator may obtain
an adjusted level
of
required liability coverage from the Agency.
The request for an
adjusted level
of required liability coverage must
be submitted to
the Agency
as part of the application under 35 Ill. Adm. Code 703.182
for
a
facility
that
does
not
have
a
permit,
or
pursuant
to
the
procedures for permit
modification under
35 Ill.
Adni.
Code 705.128
for
a
facility that
has
a permit.
If granted,
the modification will
take the form of
an adjusted level
of
required liability coverage,
such
level
to
be based
on the Ageri~yassessment
of the
degree and
duration
of
risk associated with the ownership or operation
of the
facility or group of
facilities.
The Agency may require
an owner or
operator who
requests an
adjusted level
of required liability
coverage to provide such technical
and engineering information
as
is
necessary to determine
a
level
of financial
responsibility other than
that required by
subsection
(a) or
(b).
Any
request
for
an adjusted
level
of
required liability coverage for
a permitted facility will
be
treated
as
a request for
a permit modification under
35 Ill. Adm.
Code 702.184(e)(3) and 705.128.
d)
~justmentsby the Agency.
If the Agency
determines
that the levels
of financial
responsibility required by
subsection
(a)
or
(b) are not
consistent with the degree and duration of
risk associated with
treatment,
storage
or
disposal
at
the
facility
or
group
of
facilities, the Agency
shall
adjust the
level
of financial
responsibility required
under subsection
(a)
or
(b) as may be
necessary to protect human
health
and the environment.
This adjusted
level
—shal4—must be based
on
tT-ie Agency’s assessment
of the degree
and duration of
risk associated with the ownership
or operation
of
the facility or group
of
facilities.
In addition,
if the Agency
determines that there
is
a
significant risk
to human
health
and the
environment from nonsudden accidental
occurrences
resulting from the
operations
of
a
facility that
is
not
a
surface
impoundment,
landfill
or
land
treatment
facility,
the
Agency
may
require
that
an
owner
or
operator of
the
facility comply with subsection
(b).
An owner
or
operator shall
furnish
to
the Agency,
within
a time specified by
the
Agency
in
the
request, which
—shal4—must
be
not be less than 30 days,
any information which the Agency requests
to determine whether cause
exists for such adjustments of
level
or type of coverage.
Any
adjustment
of the level
or type of coverage for
a facility that has
a
permit
will
be
treated
as
a
permit
modification
under
35
111.
Adm.
Code 702.184(e)(3) and
705.128.
e)
Period
of
coverage.
Within
60
days
after
receiving
certifications
from the
owner
or operator and an independent registered professional
engineer that final
closure has been completed
in
accordance with the
approved closure plan,
the Agency
shall
notify the owner
or operator
in writing that the owner
or operator
is
no longer required by
this
Section
to maintain liability coverage for that facility, unless
the
Agency determines that closure
has
not
been in accordance with
the
approved closure plan.
f)
Financial
test
for liability coverage.
1(13 391

-178-
1)
An owner
or operator may satisfy the requirements
of this
Section
by demonstrating that it passes
a financial test as
specified
in this paragraph.
To
pass this test the owner
or
operator shall
meet
the criteria
of
subsection
(f)(1)(A) or
(f)(1)(B):
A)
The owner
or operator shall
have:
i)
Net working capital
and tangible net worth each at
least
six times the
amount
of liability coverage to
be
demonstrated
by
this
test;
and
ii)
Tangible net worth
of
at
least
$10 million;
and
iii)
Assets
in
the United
States amounting to
either:
at
least
90 percent
of
the total
assets;
or
at
least
six
times
the amount
of liability coverage to
be
demonstrated by this test.
B)
The
owner
or
operator
shall
have:
i)
A current
rating
for its
most recent bond issuance of
AM,
AA, A or B8B
as
issued
by
Standard and Poor’s,
or
Aaa, Aa.
A or Baa
as
issued
by Moody’s;
and
ii)
Tangiblejiet worth of-at
least $10 million;
and
iii) Tangible net worth
at
least six times the amount
of
liability coverage to
be demonstrated by this test;
and
iv)
Assets
in the United States amounting to either:
at
least
90
percent
of
the
total
assets;
or
at
least
six
times the amount
of liability coverage to
be
demonstrated
by
this
test.
2)
The
phrase
“amount
of
liability
coverage”
as
used
in
subsection
(f)(i)
refers
to the annual
aggregate amounts for which coverage
is
required
under
subsections
(a)
and
(b).
3)
To
demonstrate that
it meets this
test,
the
owner
or
operator
shall
submit
the
following
th~reeitems
to
the
Agency:
A)
A
letter signed
by
the owner’s
or operator’s
chief
financial
officer
and
worded
as
specified
in
Section
724.251.
If
an owner
or operator
is
using the
financial
test
to demonstrate
both
assurance
for closure
or post—
closure care,
as specified by
Sections 724.243(f),
724.245(f),
725.243(e)
and
725.245(e),
and
liability
coverage,
it
shall
submit
the letter specified
in Section
724.251
to
cover both forms
of financial
responsibility;
a
separate letter
as
specified in Section 724.251
is
not
requi red.
1(13--3’)2

-179-
B)
A copy of the independent certified public accountant’s
report
on
examination
of
the
owner’s
or
operator’s
financial
statements for the latest completed
fiscal year.
C)
A
special
report
from
the
owner’s
or
operator’s
independent
certified
public accountant
to the owner
or operator
stating that:
i)
The accountant has compared the data which the letter
from the chief
financial
officer specifies
as
having
been derived from the independently audited, year-end
financial
statements for
the latest
fiscal year with
the amounts
in
such financial
statements;
and
ii)
In
connection with that procedure,
no matters came to
the
accountant’s
attention
which
caused
the
accountant
to
believe
that
the
specified
data
should
be
adjusted.
4)
An
owner
or
operator
of
a
new
facility
shall
submit
the
items
specified
in
subsection (f)(3)
to the Agency
at least
60 days
before
the date
on which hazardous waste
is
first received for
treatment,
storage
or disposal.
5)
After the initial
submission
of
items specified
in subsection
(f)(3),
the
owner
of
operator
shall
send
updated
information
to
the Agency within
90 days after the close
of each succeeding
fiscal year.
This information must consist
of
all
three
items
specified
in
subsection (f)(3).
6)
if the
owner
or operator no longer meets the requirements
of
subsection
(f)(1),
the
owner
or operator shall
obtain
insurance
for
the
entire
amount
of
required
liability
coverage
as
specified
in
this Section.
Evidence
of insurance must
be
submitted
to the Agency within
90 days after
the
end
of
the
fiscal
year for which
the year—end financial
data show that the
owner
or
operator
no
longer
meets the
test requirements.
7)
The Agency may disallow use of this test
on the basis
of
qualifications
in the opinion expressed by
the independent
certified public accountant
in the accountant’s
report
on
examination
of Lhe
owner’s
or operator’s financial
statements
(see subsection
(f)(3)(B)).
An adverse
opinion
or
a disclaimer
of opinion will
be
cause for disallowance.
The Agency
shall
evaluate other
qualifications on
an individual
basis.
The owner
or operator shall
provide evidence of
insurance for the entire
amount
of required liability coverage
as
specified
in this
Section
within
30
days
after
notification
of
disallowance.
g)
—Go~pe~ate
g-Guarantee
for liability coverage.
1)
Subject
to subsection
(g)(2),
an owner or operator may meet the
requirements
of this Section
by obtaining
a written guarantee,
referred to
as
a “—ee~po~ate
—guarantee.”
The guarantor —~st—
103-~393

-180-
shall
be the direct
or higher—tier parent corporation
of the
owner or operator,
a firm whose parent
corporation
is also the
?arent corporation of the owner or operator,
or
a firm with
a
~substantial
business relationship” with the owner
or
operator.
The guarantor —nwst—shall
meet the requirements
for
owners and operators
in
subsections
(f)(1)
through
(f)(—7—6).
The wording of the —eePpePate —guarantee must
be
as
specified
in
Section
724.251.
A certified copy of the —eo~po~ate
—guarantee
must accompany the items
sent to the Agency as
specified in
subsection
(f)(3).
One of these
items must be
the letter
from
the guarantor’s chief financial officer.
If the guarantor’s
parent
corporation
is also the parent
corporation
of the owner
or operator,
this
letter must describe the value
received
in
consideration of the
guarantee.
If the guarantor
is
a
firm with
a
“substantial
business relationship” with the owner
or
~perator,this letter must describe this “substantial
business
relationship” and
the value
received
in consideration
of the
guarantee.
The
terms
of the —eePpePate —guarantee must provide
that:
A)
If the owner or
operator fails
to satisfy
a judgment based
on
a determination of
liability for bodily
injury
or
property damage
to third
parties caused by sudden
or
nonsudden accidental
occurences
(or both as
the case may
be), arising from the operation of facilities covered by
this —eoPpo~ate—guarantee,
or fails
to
pay an amount
agreed
to
in
settlement
of claims arising from or alleged
to arise from such injury
or damage. the guarantor will
do
so up
to
the
limits
of coverage.
B)
The
—eoPpoPate —guarantee will
remain
in
force unless
the
guarantor
sends notice
of cancellation
by
certified mail
to
the owner
or operator
and to
the Agency.
The guarantee
—s~aTl-—mjstriot he termi mìated
unless and
until
the Agency
approves alternate liability coverage complying with
Section 724.247
or 35
Ill.
Adri.
Code 725.247.
2)
The guarantor shall
execute the guarantee
in
Illinois.
The
guarantee
shall
be accompanied by
a letter signed
by the
guarantor
which
states
that:
A)
The g~uaranteewas
signed
in
Illinois by
an
authorized agent
of
the
guarantor;
B)
The
guarantee
is
governed
by
Illinois
law;
and
C)
The
name and
address
of the guarantor’s
registered agent
for service
of
process.
3)
The guarantor
shall
have
a
registered agent
pursuant to Section
5.05 of the Business Corporation Act of 1983
(Ill.
Rev.
Stat.
1987,
ch.
32,
par. 5.05)
or Section 105.05
of the General Not———
for——— Profit
Corporation Act
of 1986
(Ill.
Rev.
Stat.
1987,
ch.
32,
par.
105.05).
103—3(14

-181-
j~j
Letter of credit for liability coverage.
3j
An
owner or operator may satisfy the requirements
of this
Section
by obtaining
an irrevocable standby letter of credit
which conforms to
the requirements
of this subsection, and
submitting
a copy of the letter
of credit
to the Agency.
2)
The
financial
institution
issuing the letter
of credit shall
be
an entity which has the authority to issue letters
of credit
and
whose letter
of credit operations
are regulated and examined by
the Illinois Commissioner of
Banks and Trust
Companies.
fl
The wording of the
letter of
credit must be
as
specified
in
Section 724.251.
i)
Surety bond for liability coverage.
fl
An
owner
or
operator
may satisfy the requirements
of this
Section by obtaining
a surety bond which
conforms to the
requirements
of this subsection
and submitting
a copy of the
bond
to the Agency.
~j
The surety company issuing the bond sh~llbe licensed~bythe
Illinois Department
of Insurance.
3)
The wording
of the surety bond must be as
specified
in Section
724.251.
fl
Trust
fund for liability coverage.
~J
An owner
or operator may satisfy the requirements
of this
Section
by establishing
a trust
fund which conforms
to the
requirements
of
this subsection
and submitting
a signed,
duplicate original
of the trust
agreement
to the Agency.
~
The trustee shall
be
an
entity which has the authority to act
as
a
trustee and whose trust
operations are regulated and examined
by the Illinois Commissioner of
Banks and Trust Companies,
or
who complies with
the Corporate Fiduciary Act.
(Ill.
Rev.
Stat.
1987,
ch.
17,
par.
1551-1
et seq.)
~J
The trust
fund for liability coverage must
be funded for the
full amount
of the liability coverage to
be
provided by the
trust
fund
before
it
may
be
relied
upon
to
satisfy
the
requirements
of this Section.
If
at any time after the trust
fund
is
created the amount
of funds
in the
trust fund
is
reduced
below the full
amount
of liability coverage to
be provided,
the
owner
or operator,
by the anniversary
of
the date of
establishment
of the
fund,
shall
either add sufficient
funds
to
the
trust
fund to cause
its
value
to equal
the full
amount
of
liability coverage to
be
provided,
or obtain other financial
assurance as
specified in this Section to cover the
difference.
For purposes of this subsection,
“the
full amount
103--395

—182-
of the liability coverage
to
be provided” means
the amount of
coverage
for
sudden
and
nonsudden
accidental
occurrences
required
to
be provided
by the owner or operator by this
Section, less the amount of financial
assurance
for liability
coverage which
is
being provided by
other financial assurance
mechanisms
being used to demonstrate
financial
assurance by
the
owner
or operator.
~j
The wording of the trust
fund must
be
as specified
in Section
724.251.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section 724.251
Wording
of the Instruments
The Board
incorporates
by
reference 40 CFR
264.151 —~98~~
as
anended at ~2
~edT
RegT
443~3~
~4eveì~be~
~
1-98~—(1988), as
amended
at
53 Fed. Reg.
33950,
September
1,
1988.
This Section
incorporates
no later amendments
or
editions.
The Agency
shall
promulgate standardized forms based
on
40 CFR
264.151 with such changes
in wording
as
are necessary under Illinois
law.
Any
owner
or operator required
to establish financial
assurance under this Subpart
shall
do
so only upon the standardized
forms promulgated by the Agency.
The
Agency shall
reject any
financial
assurance document which
is
not submitted on
such standardized forms.
(Source:
Amended
at
13 Ill. Reg.
,
effective
SUBPART
0:
TANK SYSTEMS
Section 724.290
Applicability
The requirements
of this Subpart
apply to owners and operators
of
facilities
that
use tank systems for treating or storing
hazardous
waste,
except
as
otherwise provided
in
subsections
(a) or
(b)
or
in
Section
724.101.
a)
Tank—c—
systems
that
are used
to
store
or treat
hazardous waste uhich
contains
no free liquids and
are
situated
inside
a
building with
an
impermeable floor
are exempted from the requirements
in Section
724.293.
To demonstrate the absence or
presence of
free liquids
in
the stored
or treated waste,
EPA Method 9095 (Paint Filter Liquids
Test)
as described
in
“Test Methods
for Evaluating Solid Wastes
Physical/Chemical
Methods
“EPA Publication No.
SW—846), incorporated
by
reference
in
35
Ill.
Adm. Code 720.111,
must
be
used.
b)
Tank—c— systems,
including sumps,
as
defined
in
35
Ill.
Adm.
Code
720.110, that serve
as part of
a
secondary containment system to
collect
or
contain
releases
of
hazardous
wastes
are
exempted
from
the
requirements
in
Section
724.293~’.
(Source:
Amended
at
13
ill. Reg.
,
effective
Section 724.293
Containment
and Detection of Releases
a)
In
order
to prevent the release of hazardous waste
or hazardous
103
3~6

-183-
constituents
to the environment, secondary containment that meets the
requirements
of
this
Section
must
be
provided
(except
as provided in
subsection
(f)
and
(g)).
1)
For
all
new
tank
systems
or
components,
prior
to
their being put
into service;
2)
For
all
existing
tank
systems
used
to
store
or
treat
Hazardous
Waste Numbers FO2O,
F021,
F022,
F023, FO26
or F027,
as defined
in
35 Ill. Adm. Code 721.131, within two years after January
12,
1987;
3)
For those
existing tank systems of
known and documented age,
within two years
after January
12,
1987,
or when the tank system
has reached
15 years
of age, whichever comes later;
4)
For
those existing tank systems
for which the
age cannot
be
documented,
within eight years
of January
12,
1987; but
if the
age
of the
facility
is greater
than seven years,
secondary
containment must be provided by the time the facility reaches
15
years
of age,
or within two years
of January
12,
1987,
whichever
comes later;
and
5)
For tank systems that
store
or treat materials that become
hazardous wastes
subsequent to January
12, 1987, within
the time
intervals
required
in
subsections
(a)(1) through (a)(4),
except
that
the date that
a material
becomes
a hazardous waste must be
used
in
place of January
12,
1987.
b)
Secondary containment systems must
be:
1)
Designed,
installed
and
operated
to
prevent
any
migration
of
wastes
or accumulated
liquid out
of the system
to the soil,
groundwater
or surface water at any time during the use of the
tank system;
and
2)
Capable of
detecting and collecting releases and accumulated
liquids until
the collected material
is
removed.
c)
To meet the requirements
of subsection
(b), secondary containment
systems must
be
at
a minimum:
1)
Constructed
of or
lined with materials that
are compatible with~
the waste(s)
to be placed
in the tank system and must have
sufficient
strength
and thickness to
prevent failure owing to
pressure gradients
(including
static head and external
hydrological
forces),
physical
contact with the waste
to which
it
is
exposed, climatic conditions and
the
stress
of daily
operation
(including stresses from nearby vehicular traffic);
2)
Placed
on
a foundation
or base capable of providing
support
to
the secondary containment system,
resistance to pressure
gradients above and below the system,
and capable of preventing
failure due to settlement, compression
or uplift;
103--3fl7

-184-
3)
Provided with
a leak—detection system that
is
designed and
operated so that it will detect the failure of either the
primary
or
secondary
containment
structure
or
the
presence
of
any release of hazardous waste
or accumulated
liquid
in the
secondary containment system within
24 hours,
or
at the earliest
practicable time if the owner or operator demonstrates,
by way
of permit application,
to the Agency that existing detection
technologies
or site conditions will
not allow detection of
a
release within
24 hours;
and
4)
Sloped
or otherwise designed
or operated to drain and
remove
liquids
resulting from leaks,
spills
or precipitation.
Spilled
or
leaked waste and accumulated precipitation must be
removed
from the secondary containment
system within
24 hours,
or
in
as
timely
a manner
as
is possible to prevent harm to human health
and
the environment,
if the owner
or operator demonstrates
to
the Agency,
by way of permit application,
that
removal
of the
released waste
or accumulated precipitation cannot
be
accomplished within
24 hours.
BOARD NOTE:
If the collected material
is
a
hazardous waste
under
35 Ill.
Ado. Code 721,
it
is
subject
to management
as
a
hazardous waste
in
accordance with
all
applicable
requirements
of
35 Ill. Ado. Code 722 through
725.
If
the collected material
is
discharged through
a point
source
to waters
of the State,
it
is subject
to the NPDES permit
requirement
of Section 12(f)
of
the Environmental
Protection Act
and
35 Ill.
Adm. Code
309.
If
discharged
to
a Publicly Owned Treatment Work
(POTW),
it
is
subject
to the requirements
of —~ecti-en307
of the Sl~eanWater
Act7
as
a~nended—35Ill.
Adm.
Code
307
and
310.
If
the
collected
material
is
released
to
the
environment,
it
may
be
subject
to
the
reporting
requi renents
of —49 G~R392 ~98~—35
Ill
.
Ado.
Code
750.410
and 40 CFk
302.6,
inconTporated
bLreference
in
35
Ill.
Ado.
Code
720.111.
d)
Secondary containment for
tanks must
include
one
or
more
of
the
following
devices:
1)
A
liner
(external
to
the
tank);
2)
A
vault;
3)
A
double—walled
tank;
or
4)
An equivalent
device
as
approved by the Board
in
an
adjusted
standards
proceeding.
e)
in addition to
the requirements
of
subsections
(b),
(c)
and
(d),
secondary containment systems must satisfy the following
requi rements:
1)
External
liner
systems
must
be:
1(13—300

-185-
A)
Designed
or operated to contain 100 percent
of the capacity
of the largest tank within
its boundary.
B)
Designed or operated to prevent run—on
or
infiltration of
precipitation
into
the
secondary
containment
system,
unless
the collection system has sufficient
excess
capacity to
contain run—on
or infiltration.
Such additional
capacity
must be sufficient
to contain precipitation from
a 25-year,
24-hour rainfall
event.
C)
Free of cracks
or gaps;
and
0)
Designed and
installed to surround the tank completely and
to cover
all
surrounding earth
likely
to
come
into contact
with the waste
if
the waste
is released from the tank(s)
(i.e.
capable
of preventing lateral
as well
as vertical
migration
of
the
waste).
2)
Vault systems must
be:
A)
Designed or operated to contain
100 percent
of the capacity
of the largest tank within the vault
system’s boundary;
B)
Designed or operated to prevent
run—on
or
infiltration
of
precipitation into the
secondary containment
system unless
the collection
system
has sufficiQnt
excess capacity to
contain
run—on
or infiltration.
Such additional
capacity
must
.be
sufficient
to contain precipitation from a 25-year,
24-hour
rainfall
event;
C)
Constructed
with
chemical-resistant
water
stops
in place
at
all
joints
(if
any);
D)
Provided
with
an
impermeable
interior
coating
or
lining
that
is
compatible
with
the
stored
waste
and
that
will
prevent
migration
of
waste
into
the
concrete;
E)
Provided
with
a
means
to
protect against
the formation of
and
ignition
of
vapors
within the
vault,
if
the
waste
being
stored
or treated:
i)
Meets the definition
of ignitable waste under
35
Ill.
Adm.
Code
721.121;
or
ii)
Meets
the definition
of reactive waste
under
35 Ill.
Ado. Code
721.123,
and may form an ignitable
or
explosive
vapor;
F)
Provided
with
an
exterior
moisture
barrier
or
be
otherwise
designed
or operated to prevent migration
of moisture into
the vault
if the vault
is subject
to
hydraulic pressure.
3)
Double-walled tanks must be:
103—399

-186-
A)
Designed
as
an
integral
structure
(i.e.,
an
inner
tank
completely enveloped within
an outer shell)
so
that any
release from the
inner tank
is contained by
the outer
shell;
B)
Protected,
if constructed
of metal,
from both corrosion of
the
primary
tank
interior
and
of
the
external
surface
of
the outer shell;
and
C)
Provided with
a built-in continuous
leak detection system
capable
of detecting
a
release within 24 hours,
or
at th~
earliest practicable time,
if the owner
or operator
demonstrates,
by way of permit application,
to the Agency
that
the existing detection technology
or site conditions
would
not allow detection of
a release within
24 hours.
BOARD NOTE:
The provisions outlined
in the Steel
Tank
Institute’s
(STI)
“Standard for Dual
Wall Underground Steel
Storage Tanks”,
incorporated
by
reference
in
35 Ill. Adm.
Code 720.111, may be
used as
guidelines
for aspects
of
the
design
of underground
steel
double—walled tanks.
f)
Ancillary equipment must be provided with secondary containment
(e.g.,
trench, jacketing, double—walled piping) that meets
the
requirements
of
subsections
(b)
and
(c),
except
for:
1)
Aboveground
piping
(exclusive
of flanges, joints,
valves
arid
other connections) that
are visually inspected for leaks
on
a
daily
basis;
2)
Welded
flanges,
welded
joints
and
welded
connections,
that
are
visually inspected for leaks
on
a
daily basis;
3)
Sealless
or magnetic
coupling
pumps
and
sealless
valves,
that
are visually inspected for
leaks
on
a
daily basis;
arid
4)
Pressurized
aboveground piping systems with automatic shut—off
devices
(e.g.,
excess flow check
valves,
flow metering shutdown
devices, loss of pressure actuated shut-off devices) that
are
visually inspected for leaks
on
a daily basis.
g)
Pursuant to Section 28.1
of the Environmental Protection Act,
arid in
accordance with
35
Ill.
Adrn.
Code 106.Subpart D,
an adjusted standard
will
be
granted
by the Board regardingalternative design and
operating practices only if the Board
finds
either that the
alternative design
and operating practices, together with location
characteristics,
will
prevent
the
migration
of
any
hazardous
waste
or
hazardous
consti tuerits
into the groundwater
or
surface water
at least
as
effectively
as
secondary containment during the active life of
the
tank system,
or that
in
the event
of
a
release that does migrate
to
groundwater or surface water,
no
substantial
present
or potential
hazard will
be posed
to human health
or the environment.
New
underground tank systems may not
receive
an adjusted standard from
the secondary containment
requirements
of this Section through
a
103--4fl(1

-187-
justification
in accordance with subsection
(g)(2).
1)
When determining whether to grant
alternative design and
operating practices based
on
a demonstration of equivalent
protection
of groundwater and surface water,-the Board will
consider whether the petitioner has justified
an adjusted
standard based
on the following factors:
A)
The nature and quantity of the wastes;
B)
The proposed alternate design
and
operation;
C)
The hydrogeologic setting
of the
facility,
including the
thickness
of soils present
between the tank system and
groundwater;
and
0)
All
other factors that would
influence the quality and
mobility of the hazardous constituents
and the potential
for them to migrate
to
groundwater or surface water.
2)
When
determining
whether
to
grant
alternative
design
and
operating practices based
on
a demonstration
of
no
substantial
present
or potential
hazard,
the Board will consider whether the
petitioner has justified an
adjusted standard
based
on the
following
factors:
A)
The potential
adverse effects
on groundwater,
surface water
and
land quality taking into account:
i)
The
physical
and chemical
characteristics
of the waste
in the tank system,
including
its potential for
ni
grati on;
ii)
The hydrogeological
characteristics of the facility
and
surrounding
land;
iii)
The
potential
for health
risk caused
by human
exposure
to
waste
constituents;
iv)
The potential
for damage
to wildlife, crops,
vegetation
and physical
structures
caused
by exposure
to waste constituents; and
v)
The persistence
and permanence of
the potential
adverse
effects.
B)
The potential
adverse effects
of
a
release
on groundwater
quality, taking
into account;
i)
The quantity and quality
of
groundwater
and the
direction of groundwater flow;
ii)
The proximity
and withdrawal
rates
of
groundwater
users;
103 -“fl

-188-
iii)
The current and
future
uses of groundwater
in the
area;
and
iv)
The
existing
quality
of groundwater,
including other
sources
of
contamination
and
their
cumulative
impact
on the groundwater quality.
C)
The
potential
adverse
effects
of
a
release
on
surface
water
quality, taking into account:
i)
The quantity
and quality
of groundwater
and the
direction of groundwater flow;
ii)
The patterns
of rainfall
in
the region;
iii)
The proximity of the tank system
to
surface waters;
iv)
The current
and
future
uses of
surface waters
in
the
area
and water quality standards established
for those
surface waters;
and
v)
The
existing
quality
of
surface
water,
including
other
sources
of
contamination
and
the cumulative
impact
on
surface water quality.
D)
The potential
adverse effect
of
a
release
on the
land
surrounding the tank system,
taking into account:
i)
The patterns of
rainfall
in the
region;
and
ii)
The current and future uses of the surrounding
land.
3)
The
owr,er
or
operator
of
a
tank
system,
for which
alternative
design
and
operating
practices
had
been
granted
in
accordance
with
the
requirements
of
subsection
(g)(1),
at
which
a
release
of
hazardous
waste
has
occurred
from
the
primary
tank
system
but
which
has
not
migrated
beyond
the
zone
of
engineering
control
(as
established
in
the
alternative
design
and
operating
practices),
shall:
A)
Comply with
the
requirements
of Section 724.296, except
Section
724.296(d),
and
B)
Decontaminate or
remove contaminated soil
to the
extent
necessary
to:
Enable
the
tank
system
for
which
the
alternative
design
and
operating
practices
were
granted
to
resume
operation with the capability for the detection
of
releases
at least equivalent
to
the capability
it had
prior to the release;
and
ii)
Prevent
the
migration
of
hazardous
waste
or
hazardous
103—402

-189-
constituents
to
groundwater or surface water,
and
C)
If contaminated soil
cannot
be
removed or decontaminated in
accordance
with
subsection
(g)(3)(B),
comply
with
the
requirement
of
Section
724.297(b).
4)
The owner or operator of
a tank system,
for which
alternative
design and operating
practices
had
been
granted
in
accordance
with the requirements of
subsection (g)(I),
at which
a release
of hazardous waste
has occurred from the primary tank system and
which has migrated beyond
the zone of engineering
control
(as
established
in the alternative design
and operating practices),
shall:
A)
Comply
with
the
requirements
of
Section
724.296(a),(b),(c)
and
(d);
and
B)
Prevent the migration
of hazardous waste
or hazardous
constituents
to
groundwater
or surface water,
if possible,
and decontaminate
or remove contaminated soil.
If
contaminated soil cannot
be decontaminated or
removed,
or
if groundwater has
been contaminated, the owner
or operator
shall
comply with the requirements
of Section
724.297(b);
and
C)
If
repairing,
replacing
or
reinstalling
the
tank
system,
provide secondary containment
in accordance
with
the
requirements
of subsections
(a) through
(f),
or make the
alternative
design and operating practices demonstration to
the Board again,
and meet the requirements
for new tank
systems
in Section 724.292
if the tank system
is
replaced.
The owner
or operator
shall
comply with these
requirements
even
if contaminated
soil
is decontaminated
or
removed
and groundwater
or
surface water
has
not
been
contaminated.
h)
in order
to make an alternative
design and operating practices,
the
owner or operator shall
follow the following procedures
in addition
to
those
specified
in
35
Ill.
Ado. Code 1O6.Subpart
D:
1)
The
owner
or operator shall
file
a
petition
for
approval
of
alternative design and operating practices according to the
following
schedule:
A)
For existing tank systems,
at
least
24 months
prior to
the
date that secondary containment must be provided
in
accordance with subsection
(a).
B)
For new
tank systems,
at
least
30 days prior
to entering
into
a contract for installation.
2)
As
part of the petition, the owner or operator shall
also submit
to the Board:
10
3—403

-190-
A)
A description
of the steps
necessary to conduct the
demonstration
and a timetable for completing each of the
steps.
The demonstration must address each of the factors
listed
in
subsections
(g)(1)
or
(g)(2);
and
B)
The portion of the Part B permit application
specified in
35 Ill. Adm Code 703.202.
3)
The owner
or operator shall
complete
its showing within 180 days
after filing
its petition for
approval
of alternative design and
operating practices.
4)
The Agency
shall
issue
or modify the RCRA permit
so
as to
require
the
permittee
to
construct
and
operate
the
tank
system
in the manner that was provided
in
any Board
order approving
alternative design
and operating practices.
i)
All
tank
systems,
until
such
time
as
secondary containment that
nleets
the
requirements
of
this
Section
is
provided,
must
comply
with
the
fol lowing:
1)
For
non—enterable
underground tanks,
a leak test that meets the
requirements
of
Section
724.291(b)(5)
or
other tank integrity
methods,
as
approved
or
required by the Agency,
must
be
conducted
at
least
annually.
2)
For
other
than
non—enterable
underground
tanks,
the
owner
or
operator —e~st—shall either:
A)
Conduct
a leak test
as
in
subsection
(i)(1),
or
B)
Develop
a
schedule
and
procedure
for
an
assessment
of
the
overall
condition
of
the
tank
system
by
an
independent,
qualified registered professional
engineer.
The schedule
and
procedure
must
be
adequate
to
detect obvious cracks,
leaks
and
corrosion
or
erosion that
nay
lead to
cracks
and
leaks.
The
owner
or
operator
—~st—shaiT remove
the
stored
waste from the
tank,
if necessary,
to allow
the condition
of
all
internal
tank surfaces to
be
assessed.
The
frequency of these assessments must be
based
on the
material
of construction of
the tank and
its ancillary
equipment,
the age of
the system, the
type of corrosion or
erosion protection used,
the rate of
corrosion or erosion
observed during the previous
inspection
and
the
characteristics
of the waste being stored
or
treated.
3)
For
ancillary
equipment,
a
leak
test
or
other integrity
assessment
as
approved
by
toe
Agency
must
be
conducted
at
least
annually.
BOARD
NOTE:
The
practices
described
in
the
API
Publication,
Guide for
Inspection
of Refinery
Equipment, Chapter XIII,
“Atmospheric and Low—Pressure Storage Tanks,”
incorporated
by
reference
in
35 Ill.
Ado.
Code
720.111,
may
be
used,
where
ifl 3—4 04

-191—
applicable,
as guidelines for assessing the overall
condition of
the tank system.
4)
The owner
or operator
shall
maintain on file
at
the facility
a
record
of the
results
of the assessments conducted
in accordance
with
subsections
(i)(1)
through
(i)(3).
5)
If
a
tank system or component
is
found to be leaking
or unfit
for use as
a
result
of the leak test
or assessment
in
subsections
(i)(1) through
(1)(3),
the owner or operator
shall
comply with the requirements
of Section 724.296.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
)
Section
724.296
Response to Leaks
or Spills
and Disposition
of
Leaking
or unfit-for-use Tank Systems
A tank system or secondary containment system from which there
has been
a leak
or spill,
or which
is unfit for use, must be
removed from service imediately,
and the owner
or operator
shall
satisfy the following requirements:
a)
Cease using;
prevent flow or addition of wastes.
The owner
or
operator shall
imediately stop the flow of hazardous ~ste into the
tank system
or secondary containment
system
and inspec~the system
to
determine the cause
of the release.
b)
Removal
of waste from tank system or
secondary containment system.
1)
If the release was from the tank system,
the owner or operator
shall, within
24 hours
after detection of
the leak or
as
otherwise provided
in the permit,
remove
as much of the waste
as
is
necessary to prevent
further
release
of hazardous waste
to
the
environment
and
to
allow
inspection
and
repair
of
the
tank
system
to
be performed.
2)
if
the
material
released
was
to
a
secondary containment system,
all
released
materials
must
be
removed
within
24
hours
or
as
otherwise provided
in the permit
to prevent harm to human
health
and
the
environment.
c)
Containment
of visible
releases
to the environment.
The owner
or
operator
shall
imediately conduct
a visual
inspection
of the
release
and,
based
upon that inspection:
1)
Prevent further migration of the
leak
or
spill
to soils
or
surface water;
and
2)
Remove, and properly dispose of,
any visible contamination of
the soil
or surface water.
d)
Notifications,
reports.
1)
Any release
to the environment,
except
as provided
in
subsection
(d)(2), must be reported to
the Agency within
24 hours
of
its
1(13
4(15

-192-
detection.
2)
A leak or spill
of hazardous waste
is
exempted from the
requirements of
this paragraph if
it
is:
A)
Less than
or equal
to
a quantity of one
(1) pound and
B)
Iniinediately contained and cleaned—up.
3)
Within
30 days
of detection of
a
release
to the environment,
a
report
containing the following information
roust
be submitted
to
the Agency:
A)
Likely route
of migration of the
release;
8)
Characteristics
of the surrounding soil
(soil
composition,
geology,
hydrogeology,
climate);
C)
Results
of
any
monitoring
or sampling conducted
in
connection with
the
release
(if available).
If sampling or
monitoring data relating to the release are not available
within
30 days, these data must be submitted
to the Agency
as
soon
as they become available.
D)
Proximity
to downgradient drinking water,
surface water and
populated
areas;
and
E)
Description
of
response actions
taken
or
planned.
e)
Provision of
secondary containment,
repair
or closure.
1)
Unless
the owner
or operator satisfies the requirements
of
subsections
(e)(2)
through
(e)(4),
the
tank
systeni
must
be
closed
in
accordance
with
Secti
on
724.
297.
2)
If
the
cause
of
the
release
was
a
spill
that
has
not
damaged
the
integrity
of
the
system,
the
owner
or-
operator
may
return
the
system to
service
as
soon
as the
released waste
is
removed and
repairs,
if
necessary,
are
made.
3)
If
the
cause
of the
release was
a
leak from the primary tank
system into the secondary containment
system,
the system must
be
repaired prior
to
returning the tank system to
service.
4)
If the source
of the
release was
a leak
to the environment from
a component
of
a tank system without secondary containment,
the
owner
or operator
shall
provide the component of the
system from
which
the
leak occurred with secondary containment
that
satisfies
the requirements
of Section
724.293 before
it can
be
returned
to
service, unless the source of
the
leak
is
an
aboveground portion
of
a tank system that can be inspected
visually.
If
the
source
is
an
aboveground
component
that
can
be
inspected
visually,
the
component
must
be
repaired
and
may
be
returned to
service without
secondary containment
as
long
as
the
103—40f’

—193-
requirements
of
subsection
(f)
are
satisfied.
If
a component
is
replaced to comply with the requirements
of this ~
subsection, that component must satisfy the requirements
of new
tank systems
or components
in Sections 724.292 and 724.293.
Additionally,
if
a
leak
has
occurred
in
any
portion of
a tank
system component that
is
not readily accessible for visual
inspection
(e.g.,
the bottom of
an
inground
or
onground
tank),
the entire component must be provided with secondary containment
in
accordance with Section
724.293 prior to being
returned to
use.
f)
Certification
of major repairs.
If the owner or operator has
repaired
a tank system
in
accordance with subsection
(e), and the
repair
has been extensive
(e.g.,
installation
of
an
internal
liner,
repair
or
a ruptured primary containment
or secondary containment
vessel
),
the
tank system must not be
returned to service
unless the
owner
or operator has
obtained
a certification by
an
independent,
qualified,
registered professional
engineer,
in accordance with 35
Ill. Adm. Code 702.126(d),
that the repaired system
is capable of
handling hazardous wastes without
release for the intended life of
the
system.
This certification must
be submitted to the Agency
within seven days after returning the tank system to use.
BOARD NOTE:
See Section 724.115(c)
for the requirements necessary to
remedy
a failure.
Also,
40 CFR
—392 ~986~—302.6,incorporated by
reference
in
35 111. Adm. Code 720.111, may
require the owner or
operator
to
notify
the
National
Response
Center
of
certain
releases.
(Source:
Amended
at
13
Ill. Reg.
,
effective
SUBPART
X:
MISCELLANEOUS UNITS
Section 724.700
~ppjJç~bility
The
requirements
in
this
Subpart apply
to owners and operators
of facilities
that
treat,
store
or dispose
of hazardous
waste
in miscellaneous units,
except
as
Section
724.101
provides
otherwise.
(Source:
Added
at
13
Ill.
Reg.
,
effective
Section
724.701
Environmental
Performance Standards
A miscellaneous unit must be
located, designed, constructed,
operated,
maintained
and closed
in
a manner that will
ensure protection
of human
health
and the environment.
Permits
for miscellaneous units are to contain such
terms and provisions
as are necessary to
protect human health
and the
environment, including,
but not
limited
to,
as
appropriate, design and
operating requirements, detection and monitoring requirements, and
requirements
for
responses
to
releases
of
hazardous
waste
or
hazardous
constituents from the unit. Permit
terms
and provisions must include those
requirements
of
Subparts
I
through
0,
and
of
35
Ill.
Ado.
Code
702,
703
and
730, that
are appropriate for the miscellaneous unit being permitted.
Protection
of human health
and the environment
includes,
but
is
not
limited
to:
103—407

-194-
~J
Prevention of any
releases that may have adverse effects
on human
health
or the environment due to migration of waste constituents
in
the groundwater or subsurface environment,
considering:
fl
The
volume and physical
and chemical
characteristics
of the
waste
in the
unit,
including its
potential for migration through
soil,
liners
or other containing structures
2)
The hydrologic
and geologic characteristics
of the unit and the
surrounding area
3)
The
existing
quality
of
groundwater,
including
other
sources
of
contamination
and their cumulative
impact
on the groundwater
4)
The
quantity
and
direction
of
groundwater
flow
5)
The proximity to and
withdrawal
rates
of current
and potential
groundwater
users
~J
The
patterns
of
land use
in
the region
7)
The potential
for deposition
or migration of waste constituents
into subsurface physical
structures, and
into the
root zone of
food-chain
crops
and
other
vegetation
~J
The
potential
for
health
risks
caused
by
human
exposure
to
waste
constituents;
and
9)
The
potential
for damage
to domestic animals, wildlife,
crops,
vegetation
and
physical
structures
caused
by
exposure
to
waste~
constituents.
b)
Pm-eventioo
of
any
releases that
may
have
adverse
effects
on
human
health
or
the environment
due to migration
of waste constituents
in
surface
water,
or
wetlands
or
on
the
soil
surface,
considering:
jJ
The
volume and physical
and chemical
characteristics
of the
waste
in the unit
2)
The effectiveness and reliability of containing,
confining and
collecting systems
and
structures
in preventing migration
3)
The hydrologic
characteristics of
the unit and surrounding area,
including
the
topography
of the
land around
the unit
4)
The
patterns of precipitation
in the region
5)
The quantity, quality
and
direction
of
groundwater
flow
~J
The
proximity
of
the
unit
to
surface
waters
7J
The current
and potential
uses of the
nearby surface waters and
any water quality standards
in
35 Ill.
Ado. Code
302 or 303
1°3--40~3

-195-
~j
The existing quality
of surface waters and surface soils,
including other sources
of contamination
and their cumulative
impact
on surface waters and surface soils
IL
The
patterns
of
land
use
in the region
El
The potential
for health
risks
caused
by
human exposure to waste
constituents;
and
~JJ
The potential
for damage
to domestic animals, wildlife, crops,
vegetation and physical
structures casued
by exposure to waste
constituents.
c)
Prevention
of any release that
may have adverse
effects
on human
health
or the environment due
to migration
of waste constituents
in
the
air, considering:
1)
The
volume
and
physical
and chemical
characteristics
of the
waste
in
the unit,
including its potential for the emission and
dispersal
of gases, aerosols and particulates
fl
The eflectiveness and reliability
of systems
and structures to
redi~ce or prevent emissions of hazardous constituents
to the
air
~
The operating characteristics
of the unit
~
The
atmospheric,
meteorologic
and
topographic
characteristics
of
the unit and the surrounding area
5)
The existing quality
of the air, including other sources of
contamination
and
their cumulative impact
on
the air
6)
The
potential
for health
risks
caused
by human
exposure to waste
constituents;
and
fl
The
potential
for damage
to domestic animals, wildlife, crops,
vegetation and physical
structures caused
by waste
constituents.
(Source:
Added
at
13
Ill.
Reg.
,
effective
Section
724.702
Monitoring, Analysis, Inspection,
Response, Reporting and
Corrective
Action
Monitoring,
testing,
analytical
data,
inspections,
response and
reporting
procedures
and frequencies
must ensure compliance with Sections
724.115,
724.133, 724.175, 724.176, 724.177,
724.201
and 724.701,
as
well
as
any
additional
requirements needed
to
protect
human health
and the environment
as
specified
in the permit.
(Source:
Added
at
13
Ill.
Reg.
,
effective
Section
724.703
Post—closure Care
103—400

-196-
A miscellaneous unit that
is
a disposal unit must be maintained
in
a manner
that complies with Section
724.701 during the post-closure care period.
In
addition,
if
a
treatment
or
storage
unit
has contaminated soils
or groundwater
that cannot
be completely removed
or decontaminated duringclosure, then that
unit must also meet the requirements
of Section
724.701 during post-closure
care.
The post—closure plan under Section 724.218 must specify the procedure
that will be used to satisfy this requirement.
(Source:
Added
at
13 Ill.
Reg.
,
effective
103—
t~
10

-197—
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
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
Secti on
725.101
Purpose, Scope and Applicability
725. 104
Inininent 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 Inconip~tible
Wastes
725.118
Location Standards
SUBPART
C:
PREPAREDNESS
AND
PREVENTION
Secti on
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
Conniunications
or
Alarm
System
725.135
Required
Aisle
Space
725.137
Arrangements with Local
Authorities
SUBPART
D:
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
103—411

-198-
725.175
Annual
Report
725.176
Unnanifested 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
Section
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 Noni toriag
and ~1ai
rmtenance
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-s—
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
Secti on
725.290
Applicability
103
412

-199-
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
Special Requirements for Incompatible
Reactive
Wastes
Waste
SUBPART
L:
WASTE PILES
Applicability
Protection from Wind
Waste Analysis
Containment
Design Requirements
Special
Requirements
for
Special Requirements for
Closure
and
Post-Closure
Ignitable
or
Reactive
Waste
Incompatible
Wastes
Care
SUBPART
N:
LAND TREATMENT
Applicability
General
Operating
Requirements
Waste Analysis
Food
Chain
Crops
Unsaturated
Zone
(Zone
of
Aeration)
Monitoring
Recordkeepi ng
Closure
and
Post—Gclosure
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
103-413

-200-
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
Sect i on
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
Secti on
725.500
Applicability
725.501
General
Operating
Requirements
725.502
Waste
Analysis
and
Trial
Tests
725.503
Inspections
/25.504
Closure
725.505
Special Requirements
for Ignitable
am’ Reactive Waste
725.506
Special
Requirements
for
Inconpati ale
Wastes
SUBPART
R:
UNDERGROUND
INJECTION
Sect ion
725.530
Applicability
Appendix
A
Recordkeeping
Instructions
Appendix
B
EPA
Report
Form
and
Instructions
(Repealed)
Appendix
C
EPA
Interim
Primary
Drinking
Water
Standards
Appendix
D
Tests
for
Significance
Appendix
E
Examples of Potentially Incompatible Waste
AUTHORITY:
Implementing
Section
22.4
and
ajthori
zed
by
SecUon
27
of
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1987,
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.
Ado.
Code
700.106;
amended
and
codified
in
R81-22,
45
PCB
317, at
6
Ill.
Reg. 4828,
effective as noted
in
35
Ill. Ado. Code 700.106;
1O3—41L~

-201-
amended
in R82—18,
51 PCB 831,
at
7
111.
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
Ill.
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
111. Reg.
13027,
effective July 29,
1988;
amended
in R88-16
at
13 Ill.
Reg. 437, effective
December
27, 1988;
amended
in R89-1
at
13 Ill. Reg.
effective
SUBPART B:
GENERAL FACILITY STANDARDS
Section
725.113
General Waste Analysis
a)
Waste
analysis:
1)
Before
an owner
or operator treats, stores
or disposes of any
hazardous waste,
the owner
or operator shall
obtain
a detailed
chemical
and physical
analysis of
a
representative sample
of the
waste.
At
a minimum, this analysis must contain
all
the
information which must be
known
to treat,
store
or dispose of
the
waste
in
accordance
with
the requirements
of this Part and
35
Ill.
Adm. Code 728.
2)
The analysis
may include data developed under
35
Ill.
Adm. Code
721 and existing published or documented data
on
the hazardous
waste or
on waste generated from similar processes.
BOARD
MOTE:
For example,
the facility’s record
of analyses
performed
on
the
waste
before
the
effective
date
of
these
regclations or studies conducted
on
hazardous
waste
generated
from processes similar to that which generated
the waste
to
be
managed
at
the facility may be included
in
the data base
required
to comply with subsection
(a)(1).
The owner
or
operator of
an off—site facility may arrange for the generator
of the hazardous waste
to
supply part or
all
of the information
required by subsection
(a)(1).
If
the generator does
not supply
the information and
the owner
or operator chooses
to accept
a
hazardous
waste,
the
owner
or
operator
is
responsible
for
obtaining the information
required to comply with
this Section.
3)
The
analysis must
be repeated
as
necessary to
insure that
it
is
accurate
and up-to—date.
At
a minimum,
the analysis must be
repeated:
A)
When
the
owner
or
operator
is
notified,
or
has
reason
to
believe,
that
the
process
or operation generating the
hazardous
waste
has
changed;
and
8)
For off—site facilities, when
the
results of
the inspection
required
in subsection
(a)(4)
indicate that the hazardous
103--415

-202-
waste
received at
the facility does not match
the waste
designated
on the accompanying manifest
or shipping
paper.
4)
The owner
or operator of an off—site facility
shall
inspect and,
if necessary,
analyze each hazardous waste mQvement received at
the facility to determine whether
it matches the identity of the
waste specified on the accompanying manifest or shipping paper.
b)
The owner
or operator shall
develop and follow
a written waste
analysis plan which describes the procedures which
the owner
or
operator will
carry out to
comply with subsection
(a).
The owner
or
operator shall
keep this plan at the facility.
At
a minimum,
the
plan must specify:
1)
The parameters for which
each hazardous waste will
be analyzed
and the rationale for the selection of these parameters
(i.e.,
how analysis
for these parameters
will
provide sufficient
information
on the waste’s properties
to comply with subsection
(a).
2)
The test methods
which
will
be
used
to
test
for
these
parameters.
3)
The
sampling method which
will
be
used to obtain
a
representative
sample
of
the
waste
to
be
analyzed.
A
representative sample may be obtained using either:
A)
One of the sampling methods described
in
35
Ill.
Adm. Code
721.Appendix
A
or
B)
An equivalent sampling method.
BOARD
NOTE:
See 35
Ill.
Adm. Code 720.120(c) for related
discussion.
4)
The
frequency wit:n
which
the
initial
analysis
of
the waste will
be
reviewed
or
repeated
to ensure
that
the
analysis
is
accurate
and
up-to-date.
5)
For
off-site
facilities,
the
waste
analyses
that
hazardous
waste
generators
have
agreed
to
supply.
6)
Where applicable, the methods which will
be used
to meet
the
additional
waste analysis requirements
for specific waste
management methods as
specified
in Sections 725.293, 725.325,
725.352,
725.373,
725.414,
725.441,
725.475
and
725.502,
and
35
ill.
Adm.
Code
728.107.
And,
7)
For
surface
impoundments
exempted
from
land
disposal
restrictions under
35 Ill. Ado. Code 728.104(a), the procedures
and
schedules
for:
A)
The sampling of
impoundment contents;
103 416

-203-
B)
The analysis of test data;
and,
C)
The annual
removal
of residues which are not delisted under
35
Ill.
Adm.
Code
720.122
—aRd
de Ret—or which exhibit a
characteristic of hazardous waste,
and either:
Jj
Do-
w~i~eh
de—
not meet —the—applicable treatment
standards
of
35 Ill.
Ado.
Code
728.Subpart
0- e~
w~eFe—;
or
jjj
Where
no treatment standards have been established—1——
the
aRR~alFe~eval~e~~es~th~es
whi-eh
de
Ret
meet
the
appl4ea~lepFeh~+t+eR1~-evel~s
~R
3~~4l~
A~T
Se~e
~28~S~bpa~t
G~—: Such residues
are prohibited from
land disposal
under
35
Ill.
Ado.
Code
728.132
or
728.139;
or such residues are prohibited from land
disposal
under
35
Ill.
Adm.
Code
728.133(f).
c)
For off-site facilities, the waste analysis plan required
in
subsection
(b) must also specify the procedures which will be used to
inspect
and,
if
necessary,
analyze each movement
of hazardous waste
received
at the
facility to ensure that
it matches
the identity of
the waste designated
on the accompanying manifest
or shipping
paper.
At
a minimum, the plan must describe:
1)
The
procedures which
will
be
used to determine the identity of
each movement
of waste managed
at the facility; and
2)
The sampling method which will
be used to obtain
a
representative sample of the waste
to
be
identified,
if the
identification method
includes sampling.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
SUBPART
E:
MANIFEST
SYSTEM,
RECORDKEEPING AND REPORTING
Section
725.173
Operating Record
a)
The owner
or operator shall
keep
a written operating record
at the
facility.
b)
The
following
information
must
be
recorded
as
it
becomes
available
and maintained
in
the operating
record until
closure
of the facility.
1)
A description
and
the quantity of
each hazardous waste
received
and
the method
or methods and date or dates
of
its
treatment,
storage
or disposal
at the facility as
required by Appendix A;
2)
The location of
each hazardous waste within
the facility
and the
quantity
at
each
location.
For
disposal
facilities
the
location
and quantity of
each hazardous waste must be recorded
on
a map
or diagram of each cell
or disposal
area.
For
all
facilities
this information must include cross—references to
specific
manifest document numbers
if the waste was accompanied
by
a

-204-
manifest;
BOARD NOTE:
See Sections 725.219, 725.379 and 725.409 for
related requirements.
3)
Records and results
of waste analysis
and trial
tests performed
as
specified in Sections 725.113, 725.293, 725.325,
725.352,
725.373, 725.414, 725.441, 725.475 and 725.502,
and
35 Ill. Ado.
Code 728.104(a) and
728.107;
4)
Sumary reports and details
of
all
incidents that require
implementing the contingency plan
as specified
in
Section
725.156(j);
5)
Records
and
results
of
inspections
as
required
by
Sections
725.115(d)
(except
these data need be kept only three years);
6)
Monitoring,
testing
or analytical
data where required by
Sections
725.190,
725.194, 725.291, 725.293,
725.295,
725.376,
725.378,
725.38O(d)(1),
725.447
and
725.477;
BOARD NOTE:
As
required by
Section
725.194, monitoring
data
at
disposal
facilities must
be kept throughout the post-closure
period.
7)
All
closure
cost
estimates
under
Section
725.242
and,
for
disposal
facilities,
all
post—closure cost estimates under
Section 725.244;
8)
Records of the
quantities
(and date of placement) for each
shipment
of
hazardous
waste
placed
in
land
disposal
units under
an
extension
of
the effective date of any land
disposal
restriction
granted pursuant to
35
Ill.
Adm.
Code
728.105,
—e~’
—a
petition
pursuant
to
35
Ill.
Adm.
Code
—IO6~—7?8.1O6 or
a
certification
under
35
111.
Ado.
Code
728.100,
and
the
~3pJ~ble
notice
required of
a generator under
35
Ill.
Ado.
Code 723.107(a)-43~-;
9)
For an off-site treatment facility,
a
copy of the notice,
and
the
certification
and
demonstration,
if applicable,
required of
—a—the
generator or the owner
or operator under
35
Ill.
Ado.
Code 72.8.107—~.a~~-
or 728.108
10)
For
an
on—site
treatment
facility, the information
contained
in
the
notice
(except the manifest number),
and the certification
and
demonstration,
if applicable,
required of
—a-the generator
or the owner
or
operator
under
35
Ill.
Ado.
Code
728.1O7—~a~~T
e~ee~t
~E~F
~he ~a~ifes~
~be~-
or
720.106
11)
For
an off—site
land disposal
facility,
a copy of the notice-a~
dem~oAstPatioA—, and
the
certification
and
demonstration,
if
applicable,
required
of
the
generator
or
the
owner
or
operator
of
a treatment facility under
35
Ill.
Adm.
Code 728.1O7-çb~~
~
~
e~a ee~yec the Aet+ee aA~
eePti4~ea
OR
Feq~i-Fe~e~
103—410

-205-
the geReFateP ~AdeF3~Ifl1 Adi~~
Cede ~
or
728.108,
whichever
is
applicable;
and
12)
For
an
on—site
land
disposal
facility, the information contained
in
the
notice
required
of
the
generator
or
owner
or
operator
of
a treatment facility under
35 Ill. Adm. Code 728.1O7—4a~423—,
except for
the manifest number, —ep the ~H~eF~ati~eR
eeRta~Red
~A
the Bet4ee ~e~i~~ede~the t~eate~
~RdeP3~~41~Ad~Cede
~28v74~~47
except ~
the ~aR~cestRw~theF—, and the
certification and demonstration,
if applicable, required under
35
Ill.
Ado. Code 728.108, whichever is
applicable-.
~
For an off-site storage facility,
a copy of the
notice, and the
certification and demonstration
if applicable,
required of the
generator or the owner
or operator under
35
Ill. Ado. Code
728.107
or
728.108;
and,
~J
For an on-site
storage facility, the information contained in
the notice
(except
the manifest
number),
and the certification
and demonstration if
applicable,
required
of the generator or
the
owner or operator under 35
Ill. Ado. Code 728.107
or
728.108.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
SUBPART
G:
CLOSURE AND POST-CLOSURE
Section 725.212
Closure Plan; Amendment of Plan
a)
Written plan.
The owner
or
operator of
a hazardous waste management
facility
shall
have
a written
closure plan.
Until
final
closure
is
completed
and certified
in
accordance with Section 725.215,
a copy
of
the most current
plan must be furnished to the Agency
upon request
including request
by mail.
In
addition,
for facilities without
approved
plans,
it must also be provided during
site inspections
on
the day of inspection
to any officer,
employee
or representative of
the
Agency.
b)
Content
of plan.
The plan must identify the steps
necessary to
perform partial
_and,L_or
final
closure
of the facility
at any point
during
its active
life.
The closure plan must include,
at least:
1)
A description
of how each hazardous waste management unit
at the
facility will
be closed
in accordance with Section
725.211;
and
2)
A description
of how final
closure
of
the facility will
be
conducted in accordance with Section 725.211.
The description
must
identify
the
maximum
extent
of
the
operation
which
will
be
unclosed during the active
life of the facility and
3)
An estimate of the maximum inventory of hazardous wastes
ever
on—site over the active life of the facility and
a detailed
description of the methods
to
be used during
partial
and final
closure, including,
but not limited to methods
for removing,
103 419

-206-
transporting,
treating,
storing or
disposing of
all
hazardous
waste,
and identification of and the type(s)
of off-site
hazardous waste management unit(s)
to
be used,
if
applicable;
and
4)
A detailed description
of the
steps
needed
to
remove
or
decontaminate
all
hazardous waste
residues
and contaminated
containment system components, equipment, structures
and soils
during partial
and final
closure
including, but
not limited
to,
procedures
for cleaning equipment and removing contaminated
soils, methods for sampling and testing surrounding
soils
and
criteria
for
determining
the
extent
of
decontamination
necessary
to
satisfy the closure performance
standard;
and
5)
A detailed description of
other activities necessary during the
partial
and
final
closure
period
to
ensure
that
all
partial
closures and final
closure satisfy
the closure performance
standards,
including,
but
not
limited
to, groundwater
monitoring,
leachate collection,
and run-on and
run-off control;
and
6)
A schedule for closure
of each hazardous waste management unit
and
for final
closure
of the facility.
The schedule must
include,
at
a minimum,
the total
time required to close each
hazardous waste management unit
and the time required for
intervening
closure activities which will allow tracking
of the
progress
of partial
and final
closure.
(For example,
in
the
case of
a landfill
unit,
estimates
of the time required to treat
or dispose
of
all
hazardous waste inventory and of
the time
required to place
a
final
cover must be included; and
7)
An
estimate of
the expected year of
final
closure
for facilities
that
use
trust
funds
to
demonstrate
financial
assurance
under
Sections 725.243
or
725.245
and whose
renci
mi
i
rig operating
life
is
less
than
twenty
years,
and
for
facilities
without
approved
closure
plans.
c)
Amendment
of
plan.
The owner
or operator may amend the closure
plan
at
any time prior
to the notification of partial
or
final
closure
of
the
facility.
An
owner
or operator with an approved closure plan
shall
submit
a written request
to the Agency
to authorize
a change to
the approved closure plan.
The written request must
include
a copy
of
the amended closure plan for
approval
by
the
Agency.
I)
The
owner
or operator shall
amend
the
closure plan, whenever:
A)
changes
in
the operating
plans
or facility design
affect
th~ciosu
re
plan,
or
B)
whenever
there
is
a
change
in
the
expected
year
of
closure
,if applicable,
or
C)
In conducting partial
or
final
closure activities,
unexpected events
require
a modification of
the closure
103--420

-207-
plan.
2)
The
owner
or
operator shall
amend the closure plan at least
60
days prior
to the proposed change
in facility design
or
operation,
or no
later than 60 days after anunexpected event
has
occurred
which
has
affected
the closure plan.
If
an
unexpected
event
occurs during the partial
or
final
closure
period,
the owner
or operator shall
amend the closure plan
no
later than 30 days after the unexpected event.
These provisions
also apply
to owners
or operators of
surface impoundments and
waste piles
who intended to
remove
all
hazardous wastes
at
closure, but
are required to close
as
landfills
in accordance
with Section
725.410.
3)
An
owner or operator with an approved closure
plan shall
submit
the modified plan to
the Agency
at least
60 days prior
to the
proposed change
in
facility design
or operation,
or
no more than
60
days
after
an
unexpected
event
has occurred which
has
affected the closure plan.
If
an unexpected event
has occurred
during the partial
or
final
closure period,
the owner
or
operator shall
submit
the modified plan no more than
30 days
after the unexpected event.
These provisions also apply
to
owners
or operators of surface impoundments
and waste piles who
intended to
remove
all hazardous wastes
at closure but are
required to close
as landfills
in accordance with Section
725.410.
If the amendment to
the plan
is
a —~a~eF—Class
2 or
3
modification according to the criteria
in
35 Ill. Adm. Code
—~@2T18~T~Q2T~8~7aRd ~92T~8~—703.28O,
the modification
to
the
plan —w4fl.—shall
be approved according to the procedures
in
subsection
(d)(4)
4)
The Agency may request modifications to the plan under the
conditions described
in
subsection
(c)(1).
An owner
or operator
with
an
approved
closure
plan
shall
submit
the
modified
plan
within
60
days
of
the
request
from
the
Agency,
or
within
30
days
if
the
unexpected
event
occurs
during
partial
or
final
closure.
If
the amendment
is
considered
a —~a~eF-Class2
or
3
modification according to the criteria
in
35
Ill. Adm. Code
—‘G2T~83
~92T1~841
~G2T~~
a,~d
~g2T1~8~—703.280,
the modification
to the plan —w414—shall
be approved
in accordance with the
procedures
in subsection
(d)(4)
d)
Notification
of
partial
closure
and
final
closure.
1)
The
owner
or
operator
shall
submit
the closure plan to the
Agency
at
least 180 days prior
to the date
on which the owner
or
operator expects
to
begin closureof
the first surface
impoundment,
waste
pile,
land
treatment
or
landfill
unit,
or
final
closure
of
a
facility
with
such
a
unit.
The
owner
or
operator shall
submit the closure plan to the Agency
at least
45
days prior
to the date on which
the owner
or operator expects
to
begin final
closure
of
a
facility with only tanks,
container
storage or
incinerator units.
Owners
or operators with approved
closure plans
shall
notify the Agency
in writing
at
least
60
103--421

-208-
days prior
to the date on which the owner
or operator expects
to
begin
closure of
a surface
impoundment, waste pile,
landfill
or
land treatment unit,
or
final
closure of
a
facility involving
such
a unit.
Owners
and operators with approved closure plans
shall
notify
the
Agency
in writing
at
least
45 days prior
to the
date on which the owner or operator expects to begin
final
closure
of
a
facility with only tanks, container storage
or
incinerator units.
2)
The
date when the owner
or operator
“expects
to begin closure”
must
be either within
30 days after the date on which any
hazardous waste management
unit receives the known
final
volume
of hazardous wastes
or,
if there
is a
reasonable possibility
that the hazardous waste management unit will
receive additional
hazardous wastes,
no
later than
one year after the date on which
the
unit received the most recent
volume of hazardous waste.
If
the
owner
or operator of
a
hazardous waste management unit
demonstrates
to the Agency that
the hazardous waste management
unit
or
facility
has
the
capacity
to
receive
additional
hazardous
wastes
and
that
the
owner
or operator has taken
and
will
continue
to take,
all
steps
to prevent threats
to human
health and the environment,
including compliance with
all
interim status
requirements, the Agency
shall
approve
an
extension
to this one-year
limit.
3)
The owner or operator
shall
submit
the closure plan
to the
Agency
no later than 15 days
after:
A)
Termination
of interim status
(except when
a
permit
is
issued to the facility simultaneously with termination
of
interim
status);
or
B)
Issuance
of
a
judicial
decreeor Board
order
to cease
receiving hazardous wastes
or close.
4)
The Agency
shall
provide the owner
or
operator and
t:ne public,
through
a
newspaper notice,
the opportunity to
submit written
comments
on
the
plan
and
request
modifications
of
the
plan
no
later
than
30
days
from
the
date
of
the
notice.
The
Agency
shall
also,
in response to
a
request
or
at
its own discretion,
hold
a public
hearing whenever such
a
hearing might clarify one
or more
•issues concerning
a
closure plan.
The Agency
shall
give
public
notice
of
the
hearing
at
least
30
days
before
it
occurs.
(Public
notice
of the hearing may be given
at
the
same
time
as
notice of
the opportunity for the
public
to submit
written comments and the two
notices
may
be
combined.)
The
Agency
shall
approve, modify
or disapprove the plan within
90
‘Jays
of
its
receipt.
If
the Agency does
not
approve the plan,
the
Agency
shall
provide
the owner
or operator with
a detailed
written
statement of
reasons
for the
refusal,
and the
owner
or
operator shall
modify the plan
or
submit
a new plan for approval
within
30 days after receiving such written statement.
The
Agency
shall
approve
or modify this plan
in writing within
60
days.
If
the
Agency
modifies
the
plan,
this
modified
plan
103—422

-209-
becomes the approved closure plan.
The Agency
shall
assure that
the approved plan
is consistent with Sections 725.211 through
725.215 and the applicable
requirements
of Sections 725.190
et
seq.,
725.297, 725.328, 725.358, 725.380,
725.410, 725.451,
725.481
and 725.504.
A copy of this modified plan with a
detailed statement
of
reasons for the modifications must be
mailed to the owner or operator.
e)
Removal
of wastes and decontamination
or dismantling
of equipment.
Nothing
in
this Section
—shal4
-precludes
the owner or
operator from
removing hazardous wastes and decontaminating
or dismantling
equipment
in
accordance with the
approved partial
or
final
closure
plan at
any time before
or
after
notification of partial
or
final
closure.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section
725.214
Disposal
or
Decontamination
of
Equipment,
Structures
and Soils
During the
partial
and
final
closure periods,
all
contaminated equipment,
structures
and soil—s- oust
be properly disposed of,
or decontaminated—1—
unless
specified otherwise
in Sections 725.297, 725.328, 725.358,
725.380
or
725.413.
By removing
all
hazardous wastes
or hazardous constituents
during
partial
and
final
closure,
the owner
or operator may
become
a
generator
of
hazardous waste and shall
handle
that hazardous waste
in accordance with
all
applicable
requirements
of
35
Ill. Adm. Code
722.
(Source:
Amended
at
13 Ill.
Reg.
,
effective
Section 725.218
Post-closure Plan;
Amendment of Plan
a)
Written
Plan.
The
owner
or
operator
of
a
hazardous
waste
disposal
unit
shall
have
a
wri
tteri post—closure
plan.
An
owner
or
operator
of
a
surface
impoundment
or
waste
pile
that
intends
to
remove
all
hazardous
wastes
at
closure
shall
prepare
a
post—closure
plan
and
submit
it
to
the
Agency
within
90
days
after
the
date
that
the
owner
or
operator or Agency
determines that
the hazardous waste management
i’nit
or
facility must
be closed
as
a
landfill, subject
to the
requirements
of
Sections
725.217
through
725.220.
b)
Until
final
closure
of the facility,
a copy
of the most current post—
closure
plan
must
be furnished
to the Agency
upon request,
including
request
by mail.
In addition, for facilities without approved post—
closure plans,
it must also be provided during
site inspections,
on
the day of
inspection,
to any officer,
employee or representative
of
the Agency.
After
final
closure has been certified,
the person or
office specified
in
subsection
(c)(3)
shall
keep
the approved post—
closure
plan
during
the post-closure period.
c)
For
each
hazardous
waste
management
unit
subject
to
the
requirements
of this Section,
the post—closure plan must identify the activities
which will
be carried
on after closure
of each disposal
unit and
the
frequency of these activities
and
include
at least:
103--423

-210-
1)
A description
of the planned monitoring activities and
frequencies at which they will
be performed to comply with
Subparts
F.,
K,
L,
H and N during the post—closure period;
2)
A description
of the planned maintenance activities and
frequencies
at which
they will
be performed to
ensure:
A)
The integrity of
the cap
and final
cover or other
containment
systems
in accordance with
the
requirements
of
Subparts
K,
L,
M
and N;
and
B)
The
function
of
the
monitoring
equipment
in
accordance
with
the requirements
of Subparts
F,
K,
L,
H and N;
and
3)
The
name,
address
and phone number of the person
or office
to
contact
about the hazardous waste disposal unit
or facility
during
the
post—closure
care
period.
d)
Amendment of plan.
The owner
or operator may amend
the post-closure
plan
at
any time during the active
life of the facility or during the
post-closure care period.
An owner
or operator with an
approved
post—closure plan
shall
submit
a written
request to
the Agency to
authorize
a
change
to
the
approved
plan.
The
written
request must
include
a
copy
of
the
amended
post-closure
plan
for
approval
by
the
Agency.
1)
The owner
or operator shall
amend
the post—closure plan
whenever:
A)
Changes
in operating plans
or
facility design affect the
post-closure
plan;
or
B)
Events
occur
during
the
active life of the facility,
including
partial
and
final
closures,
which
affect
the
post—closure plan.
2)
The owner
or operator shall
amend the post—closure plan
at least
60 days prior
to the proposed changes
in
facility design
or
operation,
or
no later than 60 days after an unexpected event
has occurred which has affected
the post—closure plan.
3)
An
owner
or operator with an approved post—closure
plan shall
submit
the modified plan to the Agency
at
least
60 days prior to
the
proposed
change
in
facility
design
or
operation,
or
no
more
than 60 days after
an unexpected event
has occurred which has
affected
the
post-closure
plan.
If
an
owner
or
operator
of
a
surface
impoundment
or
a
waste
pile
who
intended
to
renove
all
hazardous
wastes
at
closure
in
accordance
with
Sections
725.328(b)
or
725.358(a)
is
required to close
as
a
landfill
in
accordance
with
Section
725.410,
the
owner
or
operator
shall
submit
a post—closure plan within
90 days after the
determination by the owner
or operator or Agency that the unit
must
be closed
as
a landfill.
If the amendment to the post—
103-424

-211-
closure plan
is
a —~a,~e~—Class
2 or
3 modification
according to
the criteria
in 35
Ill.
Ado. Code —‘92Y1~831~@2T~84T~O2T~8~aRd
~2~1~8~—7O3.28O,
the modification
to the plan —shal4—must
be
approved according to the procedures
in su—s—bsection
(f).
4)
The
Agency
may
request
modifications
to
the plan under the
conditions
described
in
above
subsection
(d)(1).
An owner
or
operator with an approved post—closure plan
shall
submit the
modified plan
no later than 60 days after the
request from the
Agency.
If
the
amendment
to
the
plan
is
considered
a
—~a~e~-
Class
2
or
3 modification according
to the criteria in
35
Ill.
Adm.
Code
—~@2~8~
~Q2T~841
2~8~
aRd ~@2Tl~~—7O3.2B0
the
modifications
to
the
post-closure
plan
—shal4—must
be
approved
in accordance with the procedures
in subsection
(f).
If
the
Agency determines that
an
owner
or operator of
a surface
impoundment
or waste
pile who intended
to
remove
all
hazardous
wastes
at
closure
shall
close
the facility as
a landfill,
the
owner
or
operator
shall
submit
a
post—closure
plan
for
approval
to
the
Agency
within
90
days
after the determination.
e)
The
owner
or
operator
of
a
facility with hazardous waste management
units
subject to these
requirements shall
submit
the post—closure
plan
to the Agency
at
least
180 days before the date
the owner
or
operator expects
to begin
partial
or
final
closure
of the
first
hazardous
waste
disposal
unit.
The
date
when
the
owner
or
operator
“expects
to
begin
closure”
of
the first
hazardous
waste
disposal
unit
oust
be
either within
30
days
after
the
date
on which
the hazardous
waste
management
unit
receives
the
known
final
volume
of
hazardous
waste
or,
if
there
is
a
reasonable possibility that the hazardous
waste management
unit will
receive additional
hazardous wastes,
no
later
than
one
year
after
the
date
on
which
the
unit
received
the
most
recent
volume
of
hazardous
wastes.
The
owner
or
operator
shall
submit
the closure plan
to the Agency
no later than
15 days after:
1)
Termnination
of
interim
status
(except
when
a
permit
is
issued
to
the facility simultaneously with termination
of interim status);
or
2)
Issuance of a judicial
decree
or Board
order
to cease
receiving
wastes
or
close.
f)
Procedures.
1)
Except
as
provided
in
subsection
(f)(2),
the Agency
shall
provide
the
owner
or
operator
and
the
public
through
a
newspaper
notice the opportunity
to submit written comments on the post—
closure
plan
and
request
modifications
to
the
plan,
no
later
than 30 days
after
the
date
of
the
notice.
The
Agency
may
also,
in
response
to
a
request
or
at
its
own
discretion,
hold
a public
hearing
whenever
such
a
hearing
might
clarify
one
or
more
issues
concerning
the
post-closure
plan.
The
Agency
shall
give
public
notice
of the hearing
at least
30 days before
it occurs.
(Public notice
of the hearing may be given
at the same time as
notice of the opportunity for written public comments
and the
103
--425

-212-
two notices may be combined.)
The Agency
shall
approve, modify
or disapprove the plan within
90 days of
its
receipt.
If the
Agency
determines
not to approve the plan, the Agency
shall
provide the owner
or operator with a detailed statement of
reasons
for
the
refusal
and
the
owner
or
operator
shall
modify
the plan or submit
a new plan for approval within
30 days after
receiving such written
statements.
The Agency shall
approve or
modify this plan
in writing within
60 days.
If the Agency
modifies the plan,
this modified plan becomes the approved post—
closure plan.
Any final
Agency determination
shall
ensure that
the approved post—closure plan
is consistent with Sections
725.217 through
725.220.
A copy
of this modified plan with a
detailed statement
of
reasons for
the
modifications
—shal4—must
be mailed
to the owner or operator.
2)
The
Agency
shall
not
provide
notice
or
the
opportunity
for
public
comment
if,
in
a prior proceeding,
the Board
has
ordered
the
modifications
to
the
plan.
g)
The
post-closure
plan
and
length
of
the
post-closure
period
may
be
modified
at
any
time
prior
to
the
end
of
the
post-closure care period
in
either
of
the
following
two
ways:
1)
The
owner
or
operator
or
any
member
of
the
public
may
petition
to
extend
or
reduce
the
post-closure
care
period
applicable
to
a
hazardous waste management unit
or facility based
on cause,
or
alter
the
requirements
of
the
post—closure
care
period
based
on
cause.
A)
The
petition must include evidence demonstrating that:
i)
The secure
nature of the hazardous waste management
unit
or facility makes the post—closure care
requirement(s) unnecessary
or
supports reduction of
the post—closure care period specified
in
the current
post-closure plan
(e.g.,
leachate or groundwater
monitoring results, characteristics
of the waste,
application
of advanced
technology
or alternative
disposal, treatment
or
re—use techniques indicate that
the
facility
is
secure),
or
ii)
The
requested
extension
in
the
post—closure
care
period
or
alteration
of
post—closure
care
requirements
is
necessary to
prevent
threats to human
health
and
the environment.
(e.g.,
leachate or groundwater
monitoring
results
indicate
a potential
for migration
of
hazardous wastes
at
levels which may be
harmful
to
human
health and the environment).
B)
These petitions -w414—must be
considered only when they
present
new
and
relevant
information
not
previously
consi dered.
i)
Except
as
provided
in
subsection
(g)(1)(B)(ii),
103- -426

—213—
whenever the Agency
is considering
a petition,
it
shall
provide the owner or operator and the public,
through
a newspaper notice,
the opportunity
to
submit
written coments within
30 days
of the date of the
notice.
The
Agency
shall
also,
inresponse
to
a
request
or at
its
own discretion,
hold
a public
hearing
whenever
a
hearing
might
clarify
one
or
more
issues
concerning
the
post—closure plan.
The Agency
shall
give the public notice
of the hearing
at
least
30 days before
it occurs.
(Public notice
of the
hearing may be given
at the
same time as
notice of the
opportunity for written public comments and the two
notices may be combined.)
After considering the
comments, the Agency
shall
issue
a
final
determination,
based
upon
the
criteria
set
forth
in
subsection(g)(1).
ii)
The Agency
shall
not provide notice
or the opportunity
for public comment
if,
in
a prior proceeding,
the
Board has ordered the modifications to the plan.
C)
If the Agency denies
the petition,
it
shall
send the
petitioner
a brief written response giving
a reason for the
denial.
2)
The Agency
shall
tentatively decide
to modify the post—closure
plan
if ti~eAgency
determines that
it
is necessary to prevent
threats
to human health and the environment.
The Agency may
propose to extend
or reduce the post—closure care period
applicable
to
a hazardous waste management unit or facility
based
on
cause
or alter the requirements
of the post—closure
care period based
on
cause.
A)
The Agency
shall
provide the owner
or operator
and the
affected public,
through
a newspaper notice,
the
opportunity
to submit written comments within
30 days of
the date of the notice
and the opportunity for
a public
hearing
as
in
subsection
(g)(1)(B).
After
considering
the
comments, the Agency shall
issue
a
final
determination.
B)
The Agency
shall
base its final
determination upon
the same
criteria
as
required
for petitions under subsection
(g)(1)(A).
A modification of
the post—closure plan may
include,
where appropriate,
the temporary suspension rather
than permanent deletion of
one or more post—closure care
requirements.
At the end of the specified period
of
suspension,
the Agency would then determine whether the
requirement(s) should
be permanently discontinued
or
reinstated
to prevent threats
to human
health
and the
envi ronment.
h)
The Agency procedures described
in
Sections 725.212 through 725.219
are
in the
nature of permit amendments.
Amendment of
refusal
to
amend
the plan
-is
a permit denial for purposes
of appeal pursuant
to
103--427

-214-
35 111. Adm. Code
105.
The Agency
shall
not amend permits
in such
a
manner so
that the permit would not conform with Board regulations.
1)
If any person seeks
a
closure
or
post—closure
care
plan
which
would
not
conform
with
Board
regulations,
such
person
shall
file
a
site—
specific
rulemaking
petition
pursuant
to
35 Ill. Adm. Code 102 or
a
variance petition pursuant
to
35
111. Adm. Code 104.
(Source:
Amended
at
13 Ill.
Reg.
,
effective
)
SUBPART
1-4:
FINANCIAL REQUIREMENTS
Section 725.241
Definitions
of Terms
as Used
in this Subpart
a)
“Closure plan” means the plan for closure prepared in accordance with
the requirements
of Section 725.212.
b)
“Current closure cost estimate” means the
most recent
of the
estimates prepared in accordance with Sections
725.242(a),
(b)
and
(c).
c)
“Current post-closure cost estimate” means the most recent
of the
estimates prepared
in accordance with Sections 725.244(a),
(b)
and
(c).
d)
“Parent corporation” means
a corporation which directly owns
at least
50 percent of the
voting stock
of
the corporation which
is the
facility owner
or
operator; the
latter corporation
is
deemed
a
“subsidiary” of the parent
corporation.
e)
“Post—closure plan” means
the plan
for post—closure care prepared
in
accordance with the requirements
of Sections 725.217 through 725.22O~
f)
The following terms
are used
in the specifications
for the financial
tests
for
closure, post—closure
care and liability coverage.
The
definitions
are
intended to assist
in the understanding of these
regulations and are
not intended
to limit the meanings
of terms
in
a
way that conflicts with generally accepted accounting practices.
“Assets” mean
all existing and all probable future economic
benefits obtained or controlled
by
a particular
entity.
“Current assets” mean cash
or other assets or
resources commonly
identified
as
those which are reasonably expected to
be realized
in
cash or sold or consumed during the normal
operating cycle of
the
business.
“Current liabilities”
means
obligations whose liquidation
is
reasonably expected to
require the
use of existing resources
properly classifiable
as
current assets
or the creation of other
current liabilities.
“Current plugging and abandonment
cost estimate” means
the most
recent
of the estimates prepared
in
accordance with
35 Ill. Adm.
103- -4 2 ‘3

—215-
Code
704.212(a),
(b)
and
(c).
“Independently audited” refers
to
an
audit performed by
an
independent certified
public accountant
in accordance with
generally accepted auditing standards.
“Liabilities”
means
probable
future
sacrifices
of
economic
benefits arising from present obligations
to transfer assets or
provide
services
to
other entities in the
future
as
a
result of
past transactions
or events.
“Net working capital” means current
assets minus
current
liabilities.
“Net worth” means
total
assets minus total
liabilities
and is
equivalent
to owner’s
equity.
“Tangible net worth” means the tangible assets
that remain after
deducting liabilities;
such assets would
not include intangibles
such as
goodwill
and rights
to
patents
or royalties.
g)
In
the
liability
insurance
requirements
the
terms
“bodily
injury”
and
“property damage”
—shal-l. -have the meanings given —these te~~s
~y
ap~.eab~.e
State
1&WT
~4eweve~1
these
teF~sdo
Ret
+Rel-~dethese
l4a~4~t~es
whieh1
eeAs~stentwith
staRdaFd
Rd~StFypFaet~fee1a~e
exeT.~ded~
eeve~age
~A
a~i4~ty
pelieies ~eF
bedi4y
+R3~FyaRd
p~epe~ty
da~a~e-below.The Board intends
the meanings
of other terms
used
in
the liability insurance requirements
to
be consistent with
their common meanings within
the insurance industry.
The definitions
given below
of
several
of the terms
are intended to assist
in
the
understanding of these
regulations
and are
not intended to
limit
their meanings
in
a way that conflicts with
general
insurance
industry
usage.
“Accidental
occurrence” means
an accident including continuous
or repeated exposure
to conditions, which
results
in bodily
injury
or property damage neither expected
nor intended from the
standpoint
of
the
insured.
“Bodily injury” means
bodily injury,
sickness or disease
sustained by
a person,
including death
resulting from any of
these
at any time.
However, this term does not include
those
liabilities which,
consistent with standard insurance industry
practices, are excluded from coverage
in
liability insurance
policies for bodily injury.
BOARD
NOTE:
Derived
from
40
CFR
264.141
(1988),
as
amended
at
53 Fed.
Reg.
33950, September
1,
1988, modified
to
insert the
Insurance Services Office definition.
“Environmental
damage” means the injurious presence
in
or
upon
land,
the atmosphere
or any watercourse
or body
of water of
solid,
liquid,
gaseous
or thermal contaminants,
irritants
or
pollutants.
103-420

-216-
BOARD NOTE:
This term
is used
in
the definition of “pollution
incident”.
“Legal
defense
costs” means
any expenses that
an insurer
incurs
in defending against
claims
of third parties brought under the
terms
and
conditions
of
an
insurance
policy.
“Nonsudden
accidental
occurrence” means
an occurrence which
takes place over time and involves continuous
or
repeated
exposu re.
“Pollutants”
means
any
solid,
liquid,
gaseous
or thermal
irritant or contaminant,
including smoke,
vapor,
soot,
fumes,
acids, alkalis, chemicals and waste.
BOARD NOTE:
This definition
is
used
in
the definition of
“pollution
incident”.
“Pollution
incident”
means
emission,
discharge,
release
or
escape
of pollutants
into or upon
land,
the atmosphere
or any
watercourse
or body of water,
provided that such emission,
discharge,
release
or escape results
in “environmental
damage”.
The entirety of any
such emission, discharge,
release
or
escape
shall
be
deemed to
be one
“pollution incident”.
“Waste1’
includes
materials
to
be
recycled,
reconditioned
or
reclaimed.
The term “pollution
incident” includes an
“occurrence”.
BOARD NOTE:
This definition
is used
in the definition of
“property damage”.
“Property damage” means:
Either:
Physical
injury to, destruction
of or contamination of
tangible property, including
all
resulting loss
of use
of that property;
or
Loss of
use of tangible property that
is
not
physically
injured, destroyed or contaminated, but
has
been evacuated, withdrawn from use or
rendered
inaccessible because of
a
“pollution
incident”.
This term does not include
those liabilities which,
consistent with standard insurance industry practices, are
excluded from coverage
in liability insurance policies for
property
damage.
BOARD
NOTE:
Derived
from
40
CFR
264.141
(1988),
as
amended
at
53 Fed.
Reg.
33950, September
1,
1988, modified
to
insert the Insurance Services Office definition.
103--430

—217-
“Sudden accidental
occurrence” means
an occurrence which
is
not
continuous
or
repeated
in
nature.
~j
“Substantial business relationship” means that one business entity
has an ownership interest in another.
(Source:
Amended
at
13 Ill. Reg.
,
effective
)
Section
725.247
Liability Requirements
a)
Coverage for sudden
accidental
occurrences.
An
owner or operator of
a
hazardous
waste
treatment,
storage
or
disposal
facility,
or
a
group
of such facilities,
shall
demonstrate
financial
responsibility for
bodily injury and property damage
to third
parties caused
by
sudden
accidental
occurrences arising from operations
of the facility or
group
of facilities.
The owner
or operator shall
have
and maintain
liability coverage for sudden
accidental
occurrences
in the amount
of
at least
$1 million
per occurrence with
an annual
aggregate of
at
least
$2 million, exclusive of
legal
defense costs.
This liability
coverage may be
demonstrated
-~A
e~eef th~eeways1 —as specified
in
subsections
(a)(1),
(a)(2),— aRd—
(a)(3),
(a)(4),
(a)(5)
and
(a)(6):
1)
An owner
or operator
may
demonstrate the
required liability
coverage
by
having
liability
insurance
as
specified
in
this
paragraph.
A)
Each insurance policy must be amended
by attachment
of the
Hazardous Waste Facility Liability Endorsement
or evidenced
by
a
Certificate of Liability Insurance.
The wording of
the endorsement must be
as
specified
in
35 Ill. Adm. Code
724.251.
The wording of
the certific-ute
of insurance must
be
as
specified
in
35 Ill. Adm. Code 724.251.
The owner
or
operator shall
submit
a signed duplicate original
of the
endorsement or
the certi ficate of
insurance to
the
Agency.
If
requested
by
the
Agency,
the
owner
or
operator
shall
provide
a
signed
duplicate
original
of
the
insurance
pol icy.
B)
Each insurance policy must be issued
by
an
insurer which—1
at
a
A+R~W~
i-s
l-+eeRsed
to
tFaRsaet
the
b~si-oesse~
As~PaRee1e~el4gi-~l.e
te p~evi-de -Rs~FaAeeas
&R
excess
OF
s~Fp~s
l+Aes
+Rs~IFeF1
~R
OA~ OF
R~8FO
states—
is licensed
by the Illinois Department of Insurance.
2)
An owner
or operator may meet the requirements
of this Section
by passing
a financial
test or using the —eeFpeFate
—guarantee
for liability coverage
as
specified
in subsection—s (4~aRd—
(y).
~
An
owner
or operator may meet
the requirements
of
this Section
by
obtaining
a letter
of credit
for liability coverage as
specified
in subsection
(h).
~j
An
owner
or
operator
may
meet
the
requirements
of
this
Section
103-4
31

-218—
by obtaining
a surety bond for liability coverage as specified
in
subsection
(I).
~J
An owner or operator may meet the requirements
of this Section
by obtaining
a trust fund for liability coverage
as specified
in
subsection
(j).
6)
An owner
or
operator may demonstrate the required liability
coverage through
the use of —the—combinations of insurance,
financial
test, —4Rs~PaRee1the eeFpePate —guarantee,
—a
eeR~3nati-eAe~the
~-RaReRa1
test
aR4
i-As~FaAeee~a
eeR~-Rati-eR
e~the eeFpePate ~aPaRteeaRd ~-Rs~FaRee-letter
of credit,
surety bond and trust
fund,
except that the owner or operator
may
not combine
a financial
test covering part of
the liability
coverage requirement with
a guarantee unless the
financial
statement of
the owner
or operator
is
not consolidated with the
financial
statement of the guarantor.
The amounts of coverage
demonstrated must total
at
least the minimum amounts required by
this
—subs—Section.
If
the
owner
or
operator
demonstrates
the
required coverage through the
use of
a combination
of financial
assurances under this subsection,
the owner
or operator shall
specify
at
least one such assurance
as
“primary” coverage,
and
shall
specify
other such assurance
as
“excess” coverage.
7)
An owner
or
operator shall
notify
the Agency within
30 days:
~j
Whenever
a claim for bodily injury
or property damage
caused
by the operation
of
a
hazardous waste treatment,
storage
or disposal facility
is made against
the owner or
operator
or
an
instrument
providing
financial
assurance
for
liability coverage under this Section;
or
~j
Whenever
the amount
of financial assurance for liability
coverage under this Section provided by
a financial
instrument
authorized by
subsections
(a)(1)
through (a)(6)
is
reduced.
b)
Coverage for nonsudden accidental
occurrences.
An owner
or operator
of
a surface impoundment,
landfill
or
land treatment facility which
is
used to
manage hazardous waste,
or
a group
of
such facilities,
shall
demonstrate financial
responsibility for bodily
injury and
property damage
to third
parties
caused
by nonsudden accidental
occurrences
arising from operations of the facility or group
of
facilities.
The
owner
or operator
shall
have
and maintain
liability
coverage for nonsudden accidental
occurrences
in the amount
of
at
least
$3 million per occurrence with
an annual aggregate of
at
least
$6 million, exclusive of
legal
defense costs.
An owner
or operator
meeting
the
requirements
of
this
Section
may
combine
the
required
per-occurrence coverage levels
for sudden
and
nonsudden
accidental
occurrences into
a
single per-occurrence level,
and combine the
required
annual
aggregate
coverage
levels
for
sudden
and
nonsudden
accidental
occurrences
into
a single annual aggregate
level.
Owners
or operators who combine coverage
levels
for sudden
and nonsudden
accidental
occurrences
shall
maintain liability coverage
in the
103-432

-219-
amount
of
at least
$4 million per ocurrence and $8 million annual
aggregate.
This liability coverage may
be demonstrated
—i.R eRe e~
three
ways~—as
specified
in
subsections
(b)(1),
(b)(2),
—aRd
—(b)(3)
,
(b)(4),
(b)(5)
and (b)(6):
1)
An owner
or operator may demonstrate the required liability
coverage
by
having
liability
insurance
as
specified
in
this
paragraph.
A)
Each insurance policy must
be amended
by attachment
of the
Hazardous Waste Facility Liability Endorsement
or evidence
by
a Certificate of Liability Insurance.
The wording of
the
endorsement
must
be
as
specified
in
35
Ill.
Adm.
Code
724.251.
The
wording of the certificate
of insurance must
be
as specified
in
35 Ill. Adm.
Code 724.251.
The owner
or
operator shall
submit
a signed duplicate original
of the
endorsement
or
the
certificate
of
insurance
to
the
Agency.
If
requested by the Agency, the owner or operator
shall
provide
a signed duplicate original
of the insurance
policy.
B)
Each insurance policy must be
issued
by
an
insurer which—1
at
a
Ri-~1R~
i-S 1-i-ceAsed to tFaRsaet the b~si-Aesse~
i-Rs~FaAeeT
OF
e1-i-g4-~1eto
p~ev+dei-Rs~FaReeas
&R
excess
OF
s~~p1-~s
1-i-Aes FAs~FeF
i-A
OA~ OF
ffi8F~
statesr—
is
licensed
by the Illinois Department
of Insurance.
2)
An owner
or operator may meet
the requirements
of this Section
by
passing
a
financial test or using the —eeFpePate —guarantee
for liability coverage as specified
in subsections
(f)
and
(g).
~j
An owner
or operator may meet the requirements
of
this Section
by
obtaining
a letter
of credit
for liability coverage
as
specified
in
subsection
(h).
4)
An
owner
or operator may meet
the requirements
of this Section
by obtaining
a surety bond for liability coverage as specified
in subsection
(i).
~j
An owner
or
operator may meet the requirements of this Section
by obtainin9
a trust
fund for liability coverage
as specified in
subsection
(j).
6)
An owner
or operator may demonstrate the required liability
coverage through
the use
of
—the—combinations
of
insurance,
financial
test,
—4As~FaAee1 the
eeFpeFate
—guarantee,
—a
ee~bi-Aati-oAe~the
~+RaAeR-a1-
test
aRd
i-Rs~FaRee
OF
&
ce~R~i-Rati-eA
e~the
eeF~eFate~aFaAtee
aRd
+As~FaAee—letterof
credit,
surety bond
and trust
fund,
except
that the owner
or operator
may not combine
a
financial
test covering part of
the liability
coverage requirement with
a guarantee unless the financial
statement
of the owner or operator
is
not consolidated with the
financial
statement
of the
guarantor.
The amounts
of coverage
demonstrated must total
at
least
the minimum amounts required by
103--433

-220-
this —s~ths—Section.
If the owner
or operator demonstrates the
required coverage through the use
of
a combination
of
financial
assurances
under this subsection,
the owner or operator shall
specify at
least one such assurance as
“primary” coverage,
and
shall
specify other such assurance as
“excess” coverage.
fl
An owner
or operator shall
notify the Agency within
30 days:
~j
Whenever
a
claim
for
bodily
injury
or
property damage
caused
by
the
operation
of
a
hazardous
waste
treatment,
storage or disposal
facility
is made against the owner
or
operator or
an
instrument providing financial
assurance for
liability coverage under
this Section;
or
~j
Whenever the
amount
of financial assurance
for liability
coverage under this Section provided by
a financial
instrument
authorized
by subsections
(a)(I)
through
(a)(6)
is
reduced.
c)
Request
for adjusted level
of required liability coverage.
If
an
owner or operator demonstrates
to the Agency that the
levels of
financial
responsibility required by
subsections
(a) or
(b) are not
consistent with the degree and duration of
risk associated with
treatment,
storage
or disposal
at the facility or group
of
facilities,
the owner
or operator may obtain
an adjusted
level
of
required liability coverage from the Agency.
The request for
an
adjusted
level
of
required liability coverage must be submitted in
writing to the Agency.
If granted,
the Agency’s action
—wi-1-1--shall
take
the form of
an adjusted level
of required liability coverage,
such
level
to
be based
on the Agency assessment
of the
degree and
duration
of
risk associated with the ownership
or operation of the
facility or group
of facilities.
The Agency may require an owner
or
operator who requests
an adjusted
level
of required liability
coverage
to
provide
such
technical
and engineering information
as
is
necessary
to
determine
a
level
of
financial
responsibility
other
than
that required
by subsection
(a)
or
(b).
The Agency
shall
process any
request
for an adjusted
level
of
required liability coverage as
if
it
were
a permit modification
request under
35
Ill. Ado. Code
7O2.184(e)(3) and
705.128.
Notwithstanding
any other provision, the
Agency shall
hold
a public hearing whenever
it finds,
on the basis
of
requests,
a
significant degree
of public
interest in
a
tentative
decision to
grant
an adjusted level
of
required liability
insurance.
The Agency may
also hold
a
public
hearing
at
its
di’scretion whenever such
a hearing might clarify
one or more issues
involved
in the tentative decision.
d)
Adjustments
by the Agency.
If the Agency determines that the
levels
of
financial
responsibility required by subsection
(a)
or
(b)
are not
consistent with the degree
and duration of
risk associated
with
treatment,
storage
or disposal
at
the facility or group
of
facilities, the Agency
shall
adjust the level
of
financial
responsibility required under subsection
(a) or (b)
as may be
necessary to protect
human health and the environment.
This adjusted
level
-shall-—must
be
based
on the Agency’s assessment of the degree
103—434

—221-
and duration of risk associated with the ownership
or operation of
the facility or
group
of facilities.
In addition, if the Agency
determines
that
there
is
a significant
risk to human
health and the
environment
from
nonsudden
accidental
occurrences
resulting
from
the
operations
of
a
facility
that
is
not
a
surface
impoundment,
landfill
or
land
treatment
facility,
the Agency may require that an owner or
operator
of
the
facility
comply
with
subsection
(b).
An
owner
or
operator
shall
furnish
to
the Agency, within a time specified by the
Agency
in the request, which
shall
not be less than 30 days,
any
information which the Agency requests
to determine whether cause
exists for such adjustments
of
level
or type of coverage.
The Agency
shall
process any request for an adjusted
level
of
required liability
coverage
as
if
it were
a permit modification request under
35 Ill.
Ado. Code 702.184(e)(3) and 705.128.
Notwithstanding
any other
provision,
the Agency
shall
hold
a
public hearing whenever
it
finds,
on the
basis of
requests,
a significant degree
of public
interest
in
a tentative decision to
grant
an adjusted
level
of required liability
insurance.
The Agency may also hold
a public hearing
at
its
discretion whenever
such
a hearing might clarify one or more issues
involved
in
the tentative decision.
e)
Period of coverage.
Within
60 days after
receiving certifications
from the owner
or operator and an
independent registered professional
engineer that
final
closure
has
been completed
in
accordance with
the
approved closure plan,
the Agency
shall
notify the owner
or operator
in writing that
the owner or operator
is
no
longer required by this
Section
to
maintain
liability
coverage
for
that
facility,
unless
the
Agency
determines
that
closure
has
not
been
in
accordance
with
the
approved closure plan.
f)
Financial test
for
liability coverage.
1)
An
owner
or operator may satisfy the requirements
of this
Section
by demonstrating that
tlme owner
or operator passes
a
financial
test
as
specified
in
this paragraph.
To pass this
test the owner
or operator shall
meet
the criteria of
subsection
(f)(1)(A)
or
(f)(1)(B):
A)
The owner or operator
shall
have:
i)
Net working capital
and tangible net worth each
at
least
six times
the amount
of liability coverage to
be
demonstrated
by this test;
and
ii)
Tangible net worth
of
at
least $10 million;
and
iii)
Assets
in
the
United
States
amounting
to
either:
at
least
90 percent
of
total
assets;
or
at least
six
times
the amount
of liability coverage
to be
demonstrated
by
this test.
B)
The owner
or
operator shall
have:
i)
A
current
rating
for
the
owner
or
operator’s
most
1°3—435

-222-
recent
bond
issuance
of
AM,
AA,
A
or
BBB
as
issued
by
Standard
and
Poor’s,
or
Aaa,
Aa,
A
or
Baa
as
issued
by
Moody’s;
and
ii)
Tangible
net worth
of
at least
$10-million;
and
iii) Tangible net worth
at
least six times the amount
of
liability coverage to be demonstrated
by this test;
and
iv)
Assets
in
the
United
States
amounting
to
either:
at
least
90 percent
of total
assets;
or
at
least
six
times
the amount
of liability coverage to be
demonstrated
by
this test.
2)
The phrase
“amount
of liability coverage”
as used in subsection
(f)(1)
refers
to
the
annual
aggregate amounts for which coverage
is
required
under subsections
(a)
and
(b).
3)
To demonstrate that the owner
or operator meets this test,
the
owner
or operator shall
submit the following three items
to the
Agency:
A)
A
letter
signed
by
the
owner’s
or
operator’s
chief
financial
officer and worded as
specified
in
35 Ill. Ado.
Code 724.251.
If
an owner or operator
is using the
financial
test to demonstrate both assurance for closure or
post—closure care,
as specified by
35
Ill. Ado. Code
724.243(f) and
724.245(f),
or
by Sections
725.243(e)
and
725.245(e),
and liability coverage,
it
shall
submit
the
letter specified
in
35 Ill.
Adrn.
Code 724.251
to cover both
forms of financial
responsibility;
a separate letter
as
specified
in
35 Ill. Adm. Code 724.251
is
not required.
B)
A copy
of the independent certified public accountant’s
report
on
examination of the owner’s
or
operator’s
financial
statements for the latest completed fiscal
year.
C)
A
special
report
from
the
owner’s
or
operator’s
independent
certified public
accountant
to the owner or
operator
stating that:
i)
The accountant
has compared
the data which the letter
from the chief
financial
officer specifies
as
having
been derived from the independently audited, year-end
financial statements
for the
latest fiscal
year with
the amounts
in such financial
statements;
and
ii)
In
connection
with
that
procedure,
no
matters
came
to
the accountant’s attention which caused the accountant
to believe that the specified data should
be adjusted.
5)
After the
initial
submission
of items specified in subsection
(f)(3),
the owner of operator shall
send updated
information to
103—434

-223—
the Agency within 90 days after the close
of each succeeding
fiscal
year.
This information must consist
of
all
three
items
specified
in
subsection
(f)(3).
6)
If the owner
or operator no longer meets the requirements
of
subsection
(f)(1),
the owner or operator shall
obtain insurance
for the entire amount of required liability coverage as
specified
in this Section.
Evidence of insurance must
be
submitted to the Agency within 90 days after the end of the
fiscal
year for which the year—end financial
data show that
the
owner
or operator
no longer moets
the test requirements.
7)
The Agency
may disallow use of this test
on the basis
of
qualifications in the opinion expressed
by the independent
certified public accountant
in the accountant’s
report
on
examination
of
the owner’s
or operator’s financial
statements
(see
subsection
(f)(3)(B)).
An adverse opinion
or
a disclaimer
of opinion
—wi-li-
be-is
cause
for
disallowance.
The Agency
shall
evaluate other qualifications on
an individual
basis.
The owner
or
operator shall
provide evidence of insurance for the entire
amount
of
required liability coverage
as
specified
in this
Section within
30 days after notification of disallowance.
g)
—GeFpePate s—Guarantee for liability coverage.
1)
Subject
to
subsection
(g)(2),
an owner
or operator may meet the
requirements
of this Section
by obtaining
a written guarantee,
referred to
as
a “—eeFpeFate —guarantee.”
The guarantor —~st—
shall
be the direct
or higher—tier parent
corporation
of the
owner or operator,
a firm whose parent corporation
is
also the
parent corporation
of the owner
or operator, or
a firm with
a
“substantial
business relationship” with the owner
or
operator.
The guarantor —m~st—shallmeet
the requirements for
owners
and operators
in
subsections
(f)(i)
through
(f)(—7—6).
The wording of the —ee~pePate—guarantee must
be
as specified
in
—Ses~4-eR—35Ill.
Adm. Code 724.251.
A certified copy of the
—eeFpeFa~e—guarantee must
accomnpany the items
sent to the
Agency
as specified
in subsection
(f)(3).
One of
these items
must
be
the
letter
from
the
guarantor’s
chief
financial
officer.
If the guarantor’s parent corporation
is
also the
parent corporation
of the
owner or operator, this letter must
describe the value received
in consideration of
the guarantee.
If the gurantor
is
a
firm with
a
“substantial
business
relationship” with the owner
or operator, this letter must
describe this
“substantial
business relationship” and the value
received
in consideration
of the guarantee.
The terms of
the
—eoFpeFate —guarantee must provide that:
A)
If the owner
or operator fails
to
satisfy
a
judgment based
on
a determination of
liability for bodily injury
or
property damage
to third
parties caused
by sudden
or
nonsudden accidental
occurences
(or both as
the case may
be), arising from the operation
of facilities covered
by
this —eeFpeFate -guarantee,
or fails
to pay an amount
103-437

—224—
agreed
to
in settlement of claims
arising from or alleged
to arise
from such injury
or damage,
the guarantor will
do
so
up to the limits of coverage.
B)
The
—ee~pe~ate
—guarantee
—wi-1-1-
—remains
in
force
unless
the guarantor sends
notice of cancellation by certified
mail
to the owner
or operator and to the Agency.
The
guarantee —shah——must not be terminated unless and until
the Agency approves alternate liability coverage complying
with
Section
—~24—725.247or
35 Ill. Adm. Code —~2~—
724.247.
2)
The guarantor
shall
execute the guarantee
in Illinois.
The
guarantee shall
be
accompanied
by
a letter signed
by
the
guarantor which states that:
A)
The guarantee was signed
in Illinois by
an
authorized agent
of the guarantor;
B)
The guarantee
is
governed by
Illinois law;
and
C)
The name and address
of the guarantor’s registered
agent
for
service
of
process.
3)
The guarantor
shall
have
a
registered agent pursuant to Section
5.05
of
the
Business
Corporation
Act
of
1983
(Ill.
Rev.
Stat.
1987,
ch.
32,
par.
5.05)
or Section
105.05 of
the General Not—
for—Profit Corporation Act of
1986
(Ill.
Rev. Stat.
1987, ch.
32,
par. 105.05).
~
Letter
of
credit for liability coverage.
1)
An
owner or operator may satisfy the requirements
of this
Section
by obtaining an
irrevocable standby
letter
of credit
which conforms
to the requirements
of
this subsection,
and
submitting
a copy of the
letter of credit
to the Agency.
~j
The
financial
institution issuing the
letter
of credit shall
be
an entity which has the authority to
issue letters
of credit
and
whose
letter
of credit operations are regulated and examined
by
the Illinois Commissioner
of Banks and Trust
Companies.
~j
The wording of the letter
of credit must be
as
specified in
35
Ill.
Ado. Code 724.251.
ii
Surety bond
for liability coverage.
1)
An
owner or operator may
satisfy
the requirements
of
this
Section
by obtaining
a surety bond which conforms to
the
requirements
of this subsection and submitting
a
copy of
the
bond
to the Agency.
~j
The
surety company issuing the bond
shall
be
licensed by the
Illinois Department
of Insurance.
103—433

-225-
~j
The
wording
of
the
surety bond must be
as specified
in
35 Ill.
Ado. Code 724.251.
JJ
Trust
fund for liability coverage.
jj
An owner
or operator may satisfy the requirements
of this
Section
by establishing
a trust fund which conforms to the
requirements
of this subsection and submitting
a
signed,
duplicate original
of the trust agreement to the Agency.
2)
The
trustee
shall
be
an
entity
which
has the authority
to act
as
a trustee and whose trust
operations
are regulated and examined
by
the Illinois Comissioner
of Banks
and Trust
Companies,
or
who complies with the Corporate Fiduciary Act.
(Ill.
Rev. Stat.
1987,
ch.
17,
par.
1551-1
et
seq.)
~j
The trust
fund for liability coverage must be funded
for the
full
amount of
the liability coverage to
be provided
by the
trust
fund before
it may
be
relied upon to satisfy the
requirements
of this Section.
If
at any time after the trust
fund
is
created the amount
of funds
in
the trust
fund
is
reduced
below the full
amount
of liability coverage to
be provided, the
owner
or operator,
by
the anniversary
of the date of
establishment
of
the
fund,
shall
either
add
sufficient
funds
to
the trust fund to cause
its value
to equal
the full
amount
of
liability
coverage
to
be
provided,
or
obtain
other
financial
assurance as
specified
in this Section
to cover the
difference.
For purposes of this subsection,
“the full
amount
of the liability coverage to
be
provided” means the
amount
of
coverage
for sudden and nonsudden accidental
occurrences
required to
be provided by the owner
or operator by this
Section,
less the
amount
of financial
assurance for liability
coverage which
is being provided by
by
other financial
assurance
mechanisms
being
used
to
demonstrate
financial
assurance
by
the
owner
or operator.
~ft
The wording of the trust
fund must be as
specified
in
35 Ill.
Ado. Code 724.251.
(Source:
Amended at
13
111. Peg.
,
effective
)
SUBPART
J:
TANK SYSTEMS
Section
725.290
Applicability
The regulations
of this Subpart apply to owners
and operators of facilities
that
use tank systems for
storing
or treating hazardous waste,
except
as
otherwise provided
in subsections
(a) or
(b), or
in Section 725.101.
a)
Tank—s— systems
that are used to store
or treat
hazardous waste
—eeAtai-Ri-Rg—which contains
no free liquids
and that
are situated
inside
a building with an impermeable
floor are exempted from the
requirements
—e’—in
Section
725.293.
To demonstrate the absence
or
103
439

-226-
presence of
free liquids
in the stored/treated waste, USEPA Method
9095 (Paint Filter Liquids Test)
as
described
in “Test Methods for
Evaluating
Solid
Wastes,
Physical/Chemical Methods”
(EPA Publication
No. SW-846), incorporated
by reference
in
35 Ill. Ado. Code 720.111,
must
be
used.
b)
Tank-s— systems, including sumps,
as
defined
in
35
Ill.
Ado.
Code
720.110, that serve
as part of
a secondary containment
system to
collect
or contain releases of hazardous wastes
are exempted from the
requirements
in Section 725.293j~j.
(Source:
Amended
at
13 Ill. Reg.
,
effective
Section 725.293
Containment
and Detection of Releases
a)
In order
to prevent
the release of hazardous waste or hazardous
constituents
to the environment,
secondary containment that meets
the
requirements
of this Section must be provided
(except
as provided
in
subsections
(f) and
(g)).
1)
For all
new tank systems
or components,
prior
to their being put
into service;
2)
For all
existing tanks used to store
or treat USEPA Hazardous
Waste Numbers FO2O, F021,
F022,
F023,
FO26 and F027,
as defined
in
35 ill. Ado. Code 721.131, within two years
after January
12,
1987;
3)
For those existing tank systems
of known and documentable
age,
within two years after January
12, 1987,
or when the tank
systems have reached
15 years
of age, whichever come later;
4)
For those existing tank systems for which the age cannot
be
documented, within
eight years
of January
12,
1987;
but
if the
age of the facility
is greater than seven years,
secondary
containment
must be provided
by the time the
facility
reaches
15
years
of age or within two years
of January
12,
1987, whichever
comes
later;
and
5)
For tank systems that store
or treat materials that become
hazardous wastes
subsequent
to January
12,
1987, within the time
intervals required in subsections
(a)(1) through
(a)(4), except
that the date that
a material
becomes
a
hazardous waste oust be
used
in place
of January
12,
1987.
b)
Secondary
containment
systems
must
be:
1)
Designed,
installed
and
operated
to
prevent
any
migration
of
wastes
or
accumulated
liquid out of
the
system to the
soil,
groundwater
or
surface water
at
any time during the use of the
tank system;
and
2)
Capable of detecting and collecting releases and accumulated
liquids until
the collected material
is removed.
103—440

-227-
c)
To
meet
the
requirements
of
subsection
(b),
secondary
containment
systems
must
be
at
a
minimum:
1)
Constructed
of
or lined with materials that
are
compatible
with
the waste(s)
to
be placed
in the tank system and of sufficient
strength
and
thickness
to
prevent
failure
due
to pressure
gradients
(including static head
and external
hydrological
forces), physical contact with the waste
to which they are
exposed, climatic conditions, the stress
of
installation
and
the
stress
of daily operation
(including streoses from nearby
vehicular
traffic);
2)
Placed
on
a foundation
or base capable of providing support
to
the secondary containment system and resistance
to pressure
gradients
above and below the system and capable
of preventing
failure
due
to
settlement,
compression
or
uplift;
3)
Provided with
a leak detection system that
is
designed and
operated
so
that
it will
detect
the failure of either the
primary and secondary containment structure or any
release
of
hazardous waste
or accumulated
liquid
in the secondary
containment
system within
24 hours,
or
as otherwise provided in
the RCRA permit
if the operator has demonstrated
to the Agency,
by
way
of permit application,
that the existing detection
technology
or site conditions
will
not allow detection of
a
release within
24 hours;
4)
Sloped
or otherwise designed
or operated
to drain
and
remove
liquids resulting from leaks,
spills or
precipitation.
Spilled
or leaked waste and accumulated precipitation must be
removed
from the secondary containment system within
24 hours,
or as
otherwise provided
in the RCRA permit
if the operator has
demonstrated to the Agency,
by way of permit application,
that
removal
of
the released waste
or accumulated
precipitation
cannot
be
accomplished within
24
hours.
BOARD NOTE:
If the collected material
is
a
hazardous waste
under
35 Ill. Adm. Code 721,
it
is
subject
to management
as
a
hazardous waste
in
accordance with all
applicable
requirements
of 35
Ill.
Ado. Code
722 through
725.
If the collected material
is discharged
through
a point
source
to waters of the State,
it
is
subject
to
the
NPDES
permit
requirement
of
Section
12(f)
of
the Environmental
Protection Act
and
35
Ill. Ado. Code 309.
If
discharged
to
a Publicly Owned Treatment Works
(P0TW—~s—), it
is
subject
to
the requirements
of
-Seeti-eR ~
of the
Gl-eaR
WateF
Act1 as a~eAded-35Ill.
Ado. Code
307 and 310.
If the collected
material
is
released
to
the
environment,
it
nay
be
subject
to
the
reporting
requirements
of
—49
G~R392
~l936~—35Ill.
Adm.
Code 750.410
and 40 CFR
302.6,
incorporated
by
reference
in
35
Ill.
Ado.
Code
720.111.
d)
Secondary containment for tanks must include
one or more of
the
following devices:
103-441

-228-
1)
A liner
(external
to
the tank);
2)
A vault;
3)
A double—walled tank;
or
4)
An equivalent device as approved by the Board
in
an adjusted
standards proceeding.
e)
In addition to the requirements
of subsections
(b),
Cc)
and
(d),
secondary containment
systems must satisfy the following
requi rements:
1)
External
liner systems oust
be:
A)
Designed or operated to contain
100 percent
of
the capacity
of the
largest tank within the
liner system’s boundary;
B)
Designed
or operated to prevent
run-on
or infiltration
of
precipitation into the secondary containment
system unless
the collection system
has sufficient excess
capacity to
contain run-on
or infiltration.
Such additional
capacity
must be
sufficient
to contain precipitation from
a 25—year,
24-hour rainfall
event;
C)
Free of cracks
or gaps;
and
D)
Designed and installed to
completely surround the tank and
to
cover
all
surrounding
earth
likely to come into contact
with the waste
if released from the tank(s)
(i.e.,
capable
of preventing
lateral
as well
as
vertical migration of
the
waste).
2)
Vault
systems
must
be:
A)
Designed
or operated
to contain
100
percent
of
the
capacity
of the largest tank within the vault system’s boundary;
B)
Designed
or operated to prevent run-on
or
infiltration
of
precipitation into the secondary containment
system unless
the collection system has sufficient
excess capacity to
contain
run-on or
infiltration.
Such additional
capacity
must be
sufficient
to contain precipitation from
a 25—year,
24—hour rainfall
event;
C)
Constructed
with
chemical-resistant water stops
in place
at
all
joints
(if
any);
D)
Provided with
an
impermeable interior coating
or lining
that
is compatible with the
stored waste and that will
prevent migration of waste
into the concrete;
E)
Provided with
a means
to protect against the formation of
103
442

-229—
and ignition of vapors within
the vault,
if the waste being
stored
or treated:
i)
Meets the definition
of
ignitable waste under
35 Ill.
Ado.
Code
721.121;
or
ii)
Meets the definition
of reactive waste under
35
Ill.
Ado. Code 721.123 and may form an ignitable
or
explosive vapor; and
F)
Provided with
an exterior moisture barrier
or
be otherwise
designed
or operated to prevent migration of moisture into
the
vault
if the vault
is
subject
to hydraulic pressure.
3)
Double—walled tanks
must
be:
A)
Designed as
an
integral
structure (i.e.,
an
inner tank
within
an outer
shell
)
so that
any
release from the inner
tank
is
contained by the outer shell;
B)
Protected,
if constructed
of metal,
from both corrosion of
the primary tank interior and the external
surface
of the
outer shell;
and
C)
Provided with
a
built-in continuous leak detection system
capable of
detecting
a
release within
24 hours
or
as
otherwise provided
in the RCRA
permit
if the operator has
demonstrated to
the Agency,
by way of
permit application,
that the existing leak detection technology
or site
conditions will
not allow detection of
a
release within
24
hours.
BOARD
MOTE:
The
provisions
outlined
in the Steel
Tank
Institute
(STI)
“Standard for Dual
Wall Underground Steel
Storage Tanks,”
incorporated
by reference
in
35
Ill.
Ado.
Code 720.111, may
be
used
as
guidelines for aspects
of the
design
of underground
steel
double—walled tanks.
f)
Ancillary equipment must be provided with
full
secondary containment
(e.g.,
trench, jacketing, double—walled piping) that meets the
requirements
of
subsections
(h) and
(c) except for:
1)
Aboveground piping
(exclusive
of flanges, joints, valves
and
connections)
that are visually inspected for leaks
on
a daily
basis;
2)
Welded flanges, welded joints
and welded connections that are
visually inspected for
leaks
on
a daily basis;
3)
Sealless
or magnetic coupling pumps
and sealless valves that
are
visually inspected for leaks
on
a
daily basis;
and
4)
Pressurized aboveground piping systems with automatic shut-off
devices
(e.g., excess flow check valves, flow metering shutdown
103--443

-230-
devices, loss of pressure actuated shut—off devices) that
are
visually inspected for
leaks
on
a daily basis.
g)
Pursuant
to Section 28.1 of the Environmental
Protection Act,
and in
accordance
with
35
Ill.
Ado.
Code
106..Subpart
D,
an adjusted standard
will
be granted by the Board
regarding alternative design and
operating
practices
only
if
the
Board
finds
either
that
the
alternative design
and operating practices, together with location
characteristics, will prevent the migration of any hazardous waste or
hazardous constituents
into the groundwater or surface water
at least
as effectively as secondary containment during the active life of the
tank system,
or that in the event
of
a
release that does migrate to
groundwater
or surface water,
no
substantial
present
or potential
hazard will
be posed
to
human health
or the environment.
New
underground tank systems may not receive an
adjusted standard from
the
secondary
containment
requirements
of
this
Section
through
a
justification
in accordance with subsection
(g)(2).
1)
When determining whether
to
grant alternative design and
operating practices based
on
a demonstration
of equivalent
protection of
groundwater and surface water, the Board will
consider whether the petitioner has justified an adjusted
standard based
on the following
factors:
A)
The
nature and quantity of the waste;
B)
The proposed alternate design and operation;
C)
The hydrogeologic setting of the facility,
including the
thickness of soils between the
tank system and groundwater;
and
D)
All
other factors that would
influence the quality and
mobility of the hazardous constituents and the potential
for them to migrate
to groundwater
or surface water.
2)
In
deciding whether
to grant
alternative design
and operating
practices
based
on
a demonstration of
no substantial
present
or
potential
hazard, the Board will
consider whether the petitioner
has justified an adjusted standard based on the following
factors:
A)
The
potential adverse
effects
on groundwater,
surface water
and land quality taking
into account:
i)
The physical
and
chemical characteristics
of the waste
in the tank
system,
including its potential
for
ni
gration;
ii)
The hydrogeological
characteristics
of the facility
and surrounding land;
iii) The potential
for health
risks caused
by human
exposure to waste constituents;
103--444

-231-
iv)
The potential for damage
to wildlife;
crops,
vegetation
and
physical
structures
caused
by
exposure
to waste constituents; and
v)
The
persistence
and
permanence
of
the
potential
adverse
effects.
B)
The potential
adverse effects
of
a release
on groundwater
quality, taking into account:
i)
The
quantity
and
quality
of
groundwater
and
the
direction of groundwater
flow;
ii)
The proximity and withdrawal
rates
of water
in the
area;
iii)
The current
and future uses of groundwater
in the
area; and
iv)
The existing quality of
groundwater,
including other
sources
of contamination and their cumulative impact
on the groundwater quality.
C)
The potential
adverse
effects of
a
release
on surface water
quality, taking into account:
i)
The quantity and quality of
groundwater and
the
direction
of groundwater flow;
ii)
The patterns of rainfall
in the region;
iii)
The proximity of the
tank system
to surface waters;
iv)
The
current
and
future
uses
of
surface
waters
in
the
area
and
water
quality
standards
established
for
those
surface waters;
and
v)
The existing quality of
surface water,
including other
sources of contamination and the cumulative
impact
on
surface water quality.
And,
D)
The
potential
adverse effects
of
a release
on the
land
surrounding the tank system, taking into account:
i)
The patterns of
rainfall
in
the region;
and
ii)
The
current
and future uses
of the surrounding land.
3)
The owner
or operator of
a
tank system,
for which alternative
design and operating practices had been granted
in
accordance
with the requirements
of subsection
(g)(1),
at which
a release
of hazardous waste
has occurred from the primary tank system but
has not
iii
grated
beyond the zone of engineering control
(as
103--445

—232—
established
in the alternative design and operating practices),
shall:
A)
Comply with
the requirements of Section 725.296, except
Section
725.296(d); and
B)
Decontaminate or
remove contaminated
soil
to the extent
necessary
to:
i)
Enable
the
tank
system,
for
which
alternative
design
and operating practices were granted,
to resume
operation with the capability for the detection of and
response to
releases
at least equivalent
to the
capability
it had prior
to the
release;
and
ii)
Prevent the migration of hazardous waste
or
hazardous
constituents
to groundwater
or surface water.
C)
if contaminated
soil
cannot
be
removed
or decontaminated
in
accordance with subsection
(g)(3)(B), comply with the
requirements
of Section —~24—725.297(b).
4)
The owner
or operator of
a tank system,
for which alternative
design
and operating practices had been granted
in accordance
with the requirements
of subsection
(g)(1),
at which
a
release
of
hazardous waste
has occurred from the primary tank system and
has migrated beyond the zone of engineering control
(as
established
in
the alternative design
and operating practices,
shall:
A)
Comply with the requirements
of
Section 725.296(a),(b),(c)
and
(d);
and
B)
Prevent
the
migration
of
hazardous
waste
or
hazardous
constituents
to
groundwater
or surface water,
if
possible,
and decontaninate
or remove contaminated soil.
If
contaminated
soil
cannot
be decontaminated or removed,
or
if groundwater has been contaminated, the owner or operator
shall
comply with the requirements
of Section 725.297(b);
C)
If repairing,
replacing or reinstalling the tank system,
provide secondary containment
in accordance with
the
requirements
of
subsections
(a) through
(f), or make the
alternative design
and operating practices demonstration to
the Board
again with respect
to
secondary containment and
meet
the
requirements
for new tank systems
in Section
725.292
if the tank system
is
replaced.
The owner or
operator
shall
comply with these
requirements even if
contaminated
soil
is decontaminated or
removed,
and
groundwater
or
surface water has
not been contaminated.
h)
In
order to make an alternative design
and operating practices
demonstration,
the owner
or operator shall
follow the following
procedures,
in addition
to those specified
in
35
Ill.
Ado. Code
103--446

—233—
106.Subpart D:
1)
The owner or operator shall
file a petition
for approval
of
alternative design and operating practices according to the
following schedule:
A)
For existing tank systems,
at
least
24 months prior to the
date
that
secondary
containment
must
be
provided
in
accordance with subsection
(a);
and
B)
For new tank systems,
at least
30 days prior to entering
into
a contract
for installation
of the
tank
system.
2)
As
part of
the petition, the owner
or operator shall
also submit
to the Board:
A)
A description
of the steps
necessary to conduct
the
demonstration and
a
timetable for completing each of the
steps.
The demonstration must address each of the factors
listed
in subsection
(g)(1)
or
(g)(2);
and
B)
The portion
of the Part
B permit
application specified in
35
Ill.
Ado. Code 703.202.
3)
The
owner
or operator shall
complete its showing within
180 days
after filing
its petition for approval
of alternative design and
operating
practices.
4)
The Agency
shall
issue
or modify the RCRA permit
so
as to
require the permittee to construct and operate the tank system
in
the
manner that was
provided
in any
Board order approving
alternative design
and operating practices.
i)
All
tank systems,
until
such time
as secondary containment meeting
the requirements
of this Section
is provided, must comply with the
fol lowing:
1)
For non—enterable underground
tanks,
a
leak test that meets
the
requirements
of Section 725.291(b)(5) must
be conducted at
least
annually;
2)
For
other than non—enterable underground tanks and for
all
ancillary equipment,
an
annual
leak
test,
as described
in
subsection
(i)(1),
or
an internal
inspection
or
other tank
integrity examination,
by
an
independent, qualified, registered
professional engineer, that addresses cracks,
leaks, corrosion
and erosion must be conducted at least annually.
The owner or
operator shall
remove the
stored
waste
from
the
tank,
if
necessary,
to allow the condition
of
all
internal
tank surfaces
to
be assessed.
BOARD NOTE:
The practices described in API
Publication,
Guide
for Inspection
of Refining Equipment, Chapter XIII,
“Atmospheric
and Low Pressure Storage Tanks”,
incorporated
by
reference
in
35
103--447

-234-
ill. Ado. Code 720.111, may be used,
when applicable,
as
guidelines
for assessing the
overall condition of the tank
system.
3)
The
owner
or
operator
shall
maintain on
file-at the facility
a
record
of
the
results
of
the
assessments
conducted
in
accordance
with
subsections
(i)(1)
through
(i)(3).
4)
If
a
tank
system
or
component
is
found
to
be
leaking
or
unfit
for use as
a
result
of the
leak test or assessment
in
subsections
(i)(1)
through (i)(3), the owner
or operator
shall
comply with
the requirements
of Section
725.296.
(Source:
Amended
at
13 Ill. Reg.
,
effective
)
Section 725.296
Response to leaks
or
spills and disposition of Tank Systems
A tank system or
secondary containment system from which there has been a leak
or
spill,
or which
is unfit
for use, must be
removed from service
immediately.
The owner
or operator
shall
satisfy the following requirements:
a)
Cease using;
prevent flow or addition
of wastes.
The owner
or
operator shall
in-mediately
stop the flow of hazardous waste into the
tank system or secondary containment
system and inspect the system to
determine the cause of the
release.
b)
Removal
of waste from tank system or
secondary containment system.
1)
If the release was
from the tank system,
the owner
or operator
shall, within
24 hours after detection of the leak,
remove as
much of the waste
as
is necessary
to prevent further release
of
hazardous waste
to the environment and to allow inspection and
repair
of the
tank system to
be performed.
2)
If the release was
to
a secondary containment
system,
all
released
materials
must
be
removed
within
24
hours
to
prevent
harm
to
human
health
and
the
environment.
c)
Containment
of visible
releases
to the environment.
The owner
or
operator shall
immediately
conduct
a visual
inspection
of the release
and, based upon that inspection:
1)
Prevent further migration
of the leak
or
spill
to soils
or
surface water;
and
2)
Remove,
and properly dispose
of,
any visible contamination of
the soil
or surface water.
d)
Notifications,
reports.
1)
Any
release
to
the
environment,
except
as
provided
in
subsection
(d)(2), must be reported
to
the Agency within
24 hours
of
detecti on.
103— 448

-235-
2)
A leak or spill
of hazardous waste
is exempted from the
requirements
of
this
paragraph
if
it
is:
A)
Less than or equal
to a quantity of one
(1) pound;
and
B)
Iniiiediately
contained
and
cleaned—up.
3)
Within
30 days of detection of
a release
to the environment,
a
report containing the following information must be submitted to
the Agency:
A)
Likely route
of migration of the release;
B)
Characteristics
of the surrounding soil
(soil
composition,
geology, hydrogeology, climate);
C)
Results
of any monitoring
or sampling conducted in
connection with the
release,
(if available).
If sampling
or
monitoring
data
relating
to
the
release
are
not
available
within
30
days,
these
data
must
be
submitted
to
the
Agency
as
soon
as
they
become
available.
D)
Proximity to downgradient drinking water,
surface water and
population
areas;
and
E)
Description
of
response actions taken
or planned.
e)
Provision of
secondary containment,
repair
or closure.
1)
Unless the owner
or
operator satisfies the requirements
of
subsections
(e)(2)
through
(e)(4),
the tank system must
be
closed
in
accordance with Section 725.297.
2)
If
the
cause
of
the
release was
a
spill
that
has
not
damaged
the
integrity
of
the
system,
the
owner
or
operator
may
return
the
system
to
service
as
soon
as
the
released
waste
is
removed
and
repairs,
if necessary,
are made.
3)
If the cause
of
the release was
a leak from the primary tank
system into the secondary containment system, the system oust
be
repaired prior
to
returning the tank system to
service.
4)
If the
source
of the
release was
a
leak to the environment from
a
component of
a tank system without secondary containment, the
owner
or operator shall
provide the component of the system from
which the leak occurred with secondary containment
that
satisfies the requirements
of Section
725.293 before
it
is
returned
to
service,
unless
the
source
of
the
leak
is
an
aboveground portion
of
a tank system.
If the source
is
an
aboveground component that can be
inspected visually, the
component oust be
repaired and may be
returned to
service
without secondary containment as
long as the requirements
of
subsection
(f)
are
satisfied.
If
a
component
is
replaced
to
comply with the requirements
of this subpargraph,
that component
103~449

-236-
must satisfy the requirements for
new tank systems
or components
in Sections 725.292 and 725.293.
Additionally,
if
a
leak has
occurred
in any portion of a tank system component that is not
readily accessible for
visual inspection
(e.g.,
the bottom of an
inground or onground tank), the entire component must be
provided with secondary containment
in accordance with Section
725.293 prior to being returned to use.
f)
Certification of major repairs.
If the owner
or operator has
repaired
a
tank system
in accordance with subsection
(e),
and the
repair has been extensive
(e.g.,
installation
of
an internal
liner;
repair of
a ruptured primary containment
or secondary containment
vessel),
the tank system must not be
returned to service unless the
owner
or operator has obtained a certification by
an
independent
qualified,
registered professional
engineer
in accordance with
35
Ill. Ado. Code 702.126(d) that the repaired system
is capable of
handling hazardous wastes without
release for the intended life of
the system.
This certification must be submitted to
the Agency
within seven days after returning the tank system to use.
BOARD NOTE:
See Section 725.115(c) for the requirements necessary to
remedy a failure.
Also, 40 CFR
—392 4~9864—3O2.6,incorporated
by
reference
in
35
Ill. Adm. Code 720.111,
requires the owner or
operator to notify the National Response Center of
a release of any
t1reportable
quantity.”
(Source:
Amended
at
13
Ill. Reg.
,
effective
Section 725.301
Generators
of
100 to
1000 kg/mo.
a)
The requirements
of this Section apply to small
quantity generators
of more than 100 kg but
less than 1000 kg of hazardous waste
in
a
calendar
month,
that accumulate hazardous waste
in tanks
for less
than
180 days
(or
270 days if the generator must ship the waste
greater than 200 miles),
and do not accumulate over 6,000 kg on-site
at
any
time.
b)
Generators
of between
100 and 1000 kg/mo hazardous waste
shall
comply
with the following general operating requirements:
1)
Treatment or storage of hazardous waste
in tanks must comply
with Section 725.117(b).
2)
Hazardous wastes
or treatment reagents must
not be placed
in
a
tank
if they could cause the tank or
its inner liner to
rupture,
leak,
corrode or otherwise fail before the end of
its intended
life.
3)
Uncovered tanks must
be operated
to ensure
at least
60
centimeters
(2
feet)
of freeboard, unless
the tank is equipped
with
a containment structure
(e.g. dike or trench),
a drainage
control
system or
a diversion structure (e.g.,
standby tank)
with
a capacity that equals
or exceeds the volume of the top 60
centimeters
(2 feet)
of the tank.
103—450

-237—
4)
Where hazardous waste
is continuously
fed
into
a
tank,
the tank
must be equipped with
a means
to stop this inflow
(e.g., waste
feed cutoff system or by-pass system to
a stand—by tank).
BOARD NOTE
These systems are intended to be used
in
the event
of a leak
or overflow from the tank due to
a system
failure
(e.g.,
a malfunction
in the treatment process,
a crack
in the
tank,
etc.).
c)
Generators
of between 100 and 1000 kg/mo accumulating hazardous waste
in tanks
shall
inspect, where present:
1)
Discharge
control equipment
(e.g., waste feed cutoff systems,
by-pass
systems,
and drainage systems) at
least once each
operating day, to
ensure that
it
is
in
good working order;
2)
Data gathered from monitoring equipment
(e.g.,
pressure and
temperature gauges)
at
least
once each operating day to ensure
that
the
tank
is
being
operated
according
to
its
design;
3)
The level
of waste
in
the tank at
least once each operating day
to
ensure
compliance with
—Seet~eA~
(b)(3)
4)
The construction materials of
the tank at
least weekly to detect
corrosion or leaking
of
fixtures or
seams;
and
5)
The construction materials of, and the area
immediately
surrounding, discharge confinement
structures
(e.g.,
dikes)
at
least weekly to detect erosion
or obvious
signs
of
leakage
(e.g.,
wet
spots
or
dead
vegetation).
BOARD
NOTE:
As required
by Section 725.115(c), the
owner
or
operator must remedy any deterioration or malfunction
the owner
or operator finds.
d)
Generators
of between
100 and
1000 kg/mo accumulating hazardous waste
in tanks
shall,
upon closure
of the facility,
remove
all
hazardous
waste
from tanks, discharge control equipment and discharge
confinement
structures.
BOARD
NOTE:
At
closure,
as
throughout
the
operating
period,
unless
the owner
or operator demonstrates,
in
accordance with 35 Ill. Ado.
Code 721.103(c)
or
(d),
that
any solid waste removed from the tank is
not
a hazardous waste,
the owner
or operator becomes
a generator of
hazardous waste and must manage
it
in accordance with
all
applicable
requirements
of
35 Ill.
Ado. Code 722,
723 and 725.
e)
Generators
of between 100 and
1000 kg/mo
shall
comply with
the
following special
requirements
for ignitable or
reactive waste:
1)
Ignitable or reactive waste must
not
be placed
in
a tank,
unless:
103-451

-238-
A)
The waste
is
treated,
rendered or mixed
before
or
immediately after placement
in
a tank so that;
i)
The resulting waste, mixture
or dissolution
of
material
no longer meets the definition
of
ignitable
or reactive waste under
35 Ill. Adm. Code 721.121
or
721.123,
and
ii)
Section 725.117(b)
is complied with;
or
B)
The waste
is stored
or treated
in such
a way that it
is
protected from any material
or
conditions that may cause
the waste
to ignite
or
react;
or
C)
The
tank
is
used solely for emergencies
2)
The owner or operator of
a
facility which treats
or stores
ignitable or reactive waste
in covered tanks
shall
comply with
the buffer zone requirements for
tanks contained
in Tables 2-1
through 2-6 of the National Fire Protection Association’s
“Flammable
and Combustible Liquids Code,”
incorporated
by
reference in
35 Ill. Ado. Code 720.111.
f)
Generators
of
between 100 and
1000 kg/mo shall
comply with
the
following special
requirements
for incompatible wastes:
1)
Incompatible wastes,
or
incompatible wastes and materials
(see
Appendix
E
for examples) must not
be placed
in the
same tank,
unless
Section 725.117(b)
is
complied with.
2)
Hazardous waste must not
be
place
in
an unwashed tank which
previously
held an incompatible waste
or material, unless
Section 725.117(b)
is complied with.
(Source:
Amended
at
13
Ill.
Peg.
,
effective
103—452

-239-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL
BOARD
SUBCHAPTER
c:
HAZARDOUS WASTE
OPERATING REQUIREMENTS
PART 726
STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTE
AND
SPECIFIC TYPES
OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART C:
RECYCLABLE MATERIALS USED
IN
A MANNER
CONSTITUTING DISPOSAL
Section
726.120
Applicability
726.121
Standards applicable
to generators and transporters of materials
used
in a manner that constitutes disposal
726.122
Standards
applicable
to
storers, who are not the ultimate
users,
of
materials that are to
be used
in
a manner that constitutes disposal
726.123
Standards applicable to
users
of materials that
are used
in
a
manner that constitutes
disposal
SUBPART D:
HAZARDOUS WASTE
BURNED FOR ENERGY RECOVERY
Applicability
Prohi bitions
Standards applicable to generators
of hazardous waste
fuel
Standards applicable to
transporters
of hazardous waste
fuel
Standards
applicable
to
marketers
of
hazardous
waste
fuel
Standards applicable
to burners of hazardous waste
fuel
Conditional exemption for spent materials and by—products
exhibiting
a characteristic of hazardous waste
SUBPART
E:
USED
OIL BURNED
FOR
ENERGY RECOVERY
Applicability
Prohibitions
Standards
applicable
recovery
726.143
Standards applicable
to marketers of used
oil
burned for
energy
recovery
726.144
Standards
applicable
to
burners
of
used
oil
burned
for
energy
recovery
SUBPART
F:
RECYCLABLE
MATERIALS UTILIZED
FOR PRECIOUS
METAL
RECOVERY
Section
726.170
Applicability and requirements
SUBPART
B:
SPENT LEAD-ACID BATTERIES BEING RECLAIMED
Section
726.180
Applicability
and requirements
AUTHORITY:
Implementing Section 22.4 and authorized by Section
27 of the
Environmental
Protection Act
(Ill.
Rev.
Stat. 1987,
ch.
111 1/2,
pars.
1022.4
and
1027).
Section
726.130
726. 131
726.132
726. 133
726. 134
726.135
726.136
Section
726.140
726.141
726. 142
to generators
of used oil
burned for energy
103
453

-240-
SOURCE:
Adopted
in R85—22
at
10 111. Reg.
1162,
effective January 2,
1986;
amended
in
R86—1
at
10
Ill.
Reg.
14156, effective August
12,
1986;
amended
in
R87—26
at
12
Ill. Reg.
2900,
effective January 15,
1988;
amended
in R89—1
at
13
Ill.
Reg.
,
effective
SUBPART
C:
RECYCLABLE MATERIALS USED
IN A MANNER CONSTITUTING DISPOSAL
Section 726.120
Applicability
a)
The regulations
of this Subpart apply to recyclable materials that
are applied
to
or placed
on the
land;
1)
Without
mixing
with
any
other
substance(s);
or
2)
After mixing
or combination with
any other substance(s).
These
materials
will
be
referred
to
throughout
this
Subpart
as
“materials used
in
a manner that constitutes disposal.”
b)
Products produced for the general public’s use that are used
in
a
manner that constitutes disposal
and that contain recyclable
materials are not presently subject to
regulation
under this Subpart
if the recyclable materials have undergone
a chemical
reaction
in
the
course of producing the products
so
as
to become
inseparable by
physical
means
and
if
such products meet
the applicable treatment
standards
in
35
Ill.
Ado. Code 728.Subpart 0
(or applicable
prohibition levels
in
35
Ill.
Adm. Code 728.32
or
728.139, where no
treatment standards have been established)
for each recyclable
material
(i.e.
hazardous waste constituent) that they contain.
However, zinc-containing—s Ge~e~ci-a1-—fertilizers using
hazardous
waste KO61 that are produced ~forthe general public’s
use that
contain recyclable materials also are not presently subject to
regulation under this Subpart.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
103
454

-241-
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
Waste
Analysis
728.108
Landfill
and Surface Impoundment Disposal Restrictions
SUBPART C:
PROHIBITION
ON LAND DISPOSAL
Section
728.130
Waste Specific Prohibitions
--
Solvent Wastes
728.131
Waste Specific Prohibitions
-—
Dioxin—Containing Wastes
728.132
Waste Specific Prohibitions
—-
California List Wastes
728.133
Waste Specific Prohibitions
——
First Third Wastes
728.139
Statutory Prohibitions
SUBPART D:
TREATMENT STANDARDS
Secti on
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
Secti on
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 Treatmenc 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.
1987,
ch.
111
1/2, pars.
1022.4
and
1027).
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.
,
effective
103-455

-242-
SUBPART A:
GENERAL
Section
728.101
Purpose,
Scope
and
Applicability
a)
This Part identifies hazardous wastes that are restricted from land
disposal
and defines those limited circumstances under which
an
otherwise
prohibited
waste
may
continue
to
be
land
disposed.
b)
Except
as
specifically
provided
otherwise
in
this
Part
or
35
Ill.
Ado.
Code
721,
the
requirements
of
this
Part
apply
to
persons
who
generate
or transport hazardous waste
and to owners and operators of
hazardous waste treatment,
storage and disposal facilities.
c)
Prohibited wastes
may continue to
be
land disposed
as follows:
1)
Where persons
have been granted
an extension to the effective
date of
a prohibition under Subpart
C
or
pursuant to Section
728.105, with respect
to those wastes covered
by the extension;
2)
Where persons have been granted
an exemption from
a prohibition
pursuant to
a petition under Section 728.106, with respect
to
those wastes
and units covered
by
the petition;
3~
~Jnt~-l-
~eve~e~
81
~988Twhere the wastes
a~eeentaFH4~Rated
sei-l-
e~~e~Pis
Fe5~t+R~
f~e~
a
~espense aet~-eAtaken
~nde~
Seet4-en
~94
op
~96of the Ge~p~ehens~ve
~nv+~eni~ental
Response1
Geffipensati-eR1 an~64-a~i4~-tyAct
ef
~989 4GERG6A~ (-42
YrSrG~9~@~
et seqv~
OF
~~ndep
RGRA
ceppeet+ve
aetieRç
as
~ef4ned
+R
Seeti-en
728T~@2t
4
3)
Where the waste
is generated
by
small
quantity generators
of
less than 100 kilograms of
non—acute hazardous wastes
per month
or
less than
one kilogram
of acute hazardous waste per month,
as
defined
in
35
Ill.
Adm. Code
721.105;
or,
4)
Where
a farmer
is disposing of waste pesticides
in
accordance
with
35 Ill.
Ado. Code 722.170.
5)
Prior
to May
8,
1990,
in
a
landfill
or surface impoundment
unit
where
all applicable persons
are in compliance with
the
requirements
of Section
728.108, with respect
to wastes
which
are not subject
to the treatment standards
set forth
in Subpart
0,
and which are not subject
to the prohibitions
in Section
728.132
or
728.139.
d)
This Part does not affect the availability of
a waiver under Section
121(d)(4)
of CERCLA.
d
a)
This Part
is
cumulative with the land disposal
restrictions
of
35
Ill. Ado.
Code
729.
The
Environmental
Protection Agency
(Agency)
shall
not issue
a wastestream authorization pursuant to
35 Ill. Ado.
Code 709 or Sections 22.6 or
39(h)
of the Environmental
Protection
Act
(Ill.
Rev.
Stat. 498S—1987,
ch.
111
1/2, pars.
1022.6
or
103-~456

-243-
1039(h))
unless
the
waste
meets
the
requirements
of
this
Part
as
well
as
35 Ill. Ado. Code 729.
(Source:
Amended atl3 Ill. Reg.
,
effective
)
Section
728.104
Treatment
Surface
Impoundment
Exemption
a)
Wastes which are otherwise prohibited from
land
disposal
under
this
Part may
be treated
in
a surface impoundment
or series
of
impoundments
provided that:
1)
Treatment
of such wastes occurs
in
the impoundments;
2)
-4he ~esithies
of the tFeat~enta~eana1-y~ed1as
speci-fi-ed
4-n
Seeti-en
~29~1-9~e~~28~~32~to
dete~~4-ne
44
they
meet
the
app1-4-cabl-e t~eatn~entstandards
4-n S~bpa~t
9 e~where no
t~eat~ent
standards have been establ4shed
feF
the
waste1
the
appl4eab1-e
p~oh4-b4-ti-en 1-eve1-s
speei-f4-ed
4-n
S~bpa~t
ST
The
sa~p1-+R~~ethod1speci-fi-ed
i-n the waste
ana1-ys4s
p1-an ~nde~3~
RI-? Ad~TGede ~24TR3
OF
~2~7R1
~st
be desi-qned s~ehthat
~epFesentat~-ve
5am~p1-esof the s1-~d~e
and
the s~peFnatanta~e
tested sepa~ate1-y~athe~than ~i-xe4
to
fePffi hen~e~eneem~is
saFRpl-esT
The
t~eat~ent~es4-d~es
~nc1-~di-ng
any 14q~i-dwaste~
that do not ~neetthe t~eatn~entstandards pFe~n~1-9ated~inde~
S~bpa~t
9 e~the appl-4-eabl-e p~oh4.biti-en4-evel-s pPo~I1iated~nde~
S~bpa~t
SI
e~a~enot
del-4-sted ~nde~3~ -1-1-s Ad~Gede ~2@T~22
and
no 1-enge~
exhi-bi-t
a ehapaete~i-sti-eof ha~a~do~+s
waste1 ni~st
be ~e~ovedat
1-east anR~ia1-1-yT
These ~esi-d~es
thai-I-
not be
p1-aced
i-n any
ether s~~facepo~nd~ent
fe~s~bse~ent
n~ana~e~nent~
I-f the
vo1-~in~eof
1-4-q~i-d f1-owi-n~th~o&ghthe
i-n~pe~n4~ent
o~se~i-esof
po~nd~ents
ann~a1-1-y 4-s ~~eate~than
the ve1-~eof
the ienpe~nd~ente~i-n~pe~ndn~ents1
thi-s fl-ow—th~o~gh
eensti-t~tes~e~eva1-
of
the smipe~natantfe~the p~i~peseof
this
Peq~-Pemnentr
The
~Peeedmdpes
and
sehed~1-efe~the
saampl-i-Rg
of
pe~ndn~ent
contents1
the ana~rysi-s
of
test
data
and
the
an~ma1-
~em~eva1-
of
~esi-th~e
whi-eh
does
net
meet
the
S~bpa~t
9
t~eat~ent
standa~ds1
OF
Sthpa~t
GI
~st
be
speci-fi-ed
i-n the
faei-1-i-ty~s
waste anal-ysi-s
p1-an
as ~eqi~i-~ed
~nde~3~~I-1.~
Ad~~
Gode ~24TR3
e~~2~TI-I-3t—The
following
conditions
are met:
~j
Sampling
and
testing.
For wastes with treatment standards
in Subpart
D
or prohibition
levels
in Subpart
C,
the
residues from treatment are analyzed,
as specified
in
Section 728.107
or
728.132,
to determine
if they meet the
applicable treatment standards or, where
no treatment
standards have been established for the waste, the
applicable prohibition
levels.
The sampling method,
specified
in
the
waste
analysis
plan
under
35
Ill.
Adm.
Code 724.113 or 725.113, must be
designed such that
representative samples
of the
sludge and the supernatant
are tested separately
rather than mixed
to form homogeneous
samples.
!1
Removal.
The following treatment residues
(including any
103——457

-244-
liquid
waste)
must
be
removed
at
least
annually:
residues
which
do not meet the treatment standards promulgated under
Subpart 0;
residues which do not meet
the prohibition
levels
established
under
Subpart
C
or
Section
728.139
(where
no treatment standards have been-established);
residues which
are from the treatment of wastes
prohfbited
from land disposal
under Subpart C
(where
no
treatment
standards
have
been
established
and
no
prohibition
levels
apply);
or
residues
from
managing
listed
wastes
which
are
not delisted under
35 Ill. Ado. Code 720.122.
However,
residues
which
are
the
subject
of
a
valid
certification
under Section 728.108 made no
later than
a year after
placement of the wastes
in
an impoundment are not required
to be removed annually.
If the volume
of liquid flowing
through the impoundment
or series
of impoundments
annually
-is
greater than the volume of the impoundment
or
impoundments,
this
flow—through
constitutes
removal
of
the
supernatant for the purpose of this requirement.
cj
Subsequent management.
Treatment residues must not be
placed
in
any other
surface impoundment
for subsequent
management
unless the
residues are the subject of
a valid
certification under Section 728.108 which allows disposal
in surface impoundments meeting the requirements
of Section
728.108(a).
P1
Recordkeeping.
The procedures and schedule
for the
sampling of
impoundment
contents, the analysis
of test data
and
the
annual
removal
of
residues
which
do
not
meet
the
treatment standards, or prohibition levels
(where
no
treatment standards have been established),
or which are
from the treatment of wastes
prohibited from land disposal
under
Subpart
C
(where
no treatment standards have been
established
and no
prohibition
levels apply),
must be
specified
in the facility~swaste analysis plan as
required
under
35
Ill.
Adm.
Code 724.113
or 725.113.
3)
The impoundment
meets the design requirements
of
35 Ill. Ado.
Code 724.321(c)
or
725.321(a) even though the unit may
not be
new, expanded or
a
replacement,
and must be
in compliance with
applicable groundwater monitoring
requirements of 35 Ill. Ado.
Code 724.Subpart
F
or
725.Subpart
F,
unless:
A)
It
is exempted pursuant to
35 Ill. Adm. Code 724.321(d)
or
(e), or
to
35
Ill. Ado.
Code 725.321(c)
or
(d);
or
B)
Upon application
by the owner
or operator, the Agency has
by
permit
provided
that
the requirements
of
this Part do
not
apply
on the basis
that the surface
impoundment:
i)
Has
at
least one
liner,
for which there
is
no evidence
that such liner
is leaking;
ii)
Is
located
more
than
one—quarter
mile
from
an
103--453

-245-
underground source
of drinking water; and
iii)
Is
in compliance with generally applicable groundwater
monitoring
requirements
for
facilities
with
permits;
or,
C)
Upon application
by the owner or operator, the Board has,
pursuant to
35 Ill. Ado. Code 106,
granted
an adjusted
standard from the requirements
of this Part.
The
justification
for such
an adjusted standard shall
be a
demonstration that the surface impoundment
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.
And,
4)
The owner
or operator submits to the Agency
a written
certification that
the requirements
of
Section 728.1O4(a)(3)
have been met and submits
a copy
of the waste analysis plan
required under Section 728.1O4(a)(2).
The following
certification
is
required:
I
certify under penalty
of law
that the requirements
of
35
Ill. Ado. Code 728.1O4(a)(3) have been met for
all
surface
impoundments
being used to treat
restricted wastes.
I
believe that the submitted information
is true,
accurate
and complete.
I
am aware that there are significant
penalties
for submitting false
information,
including the
possibility of
fine and imprisonment.
b)
Evaporation
of hazardous constituents
as
the principal means
of
treatment
is not considered
to
be
a treatment for
purposes of
an
exemption
under this Section.
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section
728.105
Procedures
for
case-by—case
Extensions
to
an
Effective
Date
a)
The
Board
incorporates
by
reference
40
CFR
268.5
—~98~~
as
amended
at
~2
~ed~
ReST 2ST~91~I-y8~I-98T—(1988),
as amended
at
53 Fed.
Reg. 31211, August
17,
1988.
This Part incorporates
no future
editions
or amendments.
b)
Persons
may apply
to USEPA
for extensions
of
effective dates
pursuant
to
40 CFR
268.5.
Extensions which are granted by USEPA will
be
deemed extensions
of dates
specified
in
the derivative Board
rule.
(Source:
Amended
at
13 Ill. Reg.
,
effective
Section 728.106
Petitions
to Allow Land Disposal of
a Waste
Prohibited under Subpart
C
a)
Any person seeking an exemption from
a prohibition
under Subpart
C
for
the
disposal
of
a
restricted
hazardous
waste
in
a
particular
unit
103 459

—246-
or units
shall
submit
a petition
to the Board demonstrating,
to
a
reasonable degree of certainty, that there will
be no migration of
hazardous
constituents
from the disposal unit
or injection zone for
as
long
as
the
wastes
remain
hazardous.
The
demonstration
must
include
the
following
components:
1)
An identification of the specific waste and the specific unit
for
which
the
demonstration
will
be
made;
?)
A
waste analysis
to describe fully the chemical
and physical
characteristics
of the subject waste;
3)
A
comprehensive
characterization
of
the
disposal
unit
site
including
an
analysis
of
background
air,
soil
and
water
quality;
~j
A monitoring
plan which detects migration at the earliest
practical time
~j
Sufficient information
to assure the Agency that the owner
or
operator
of
a
land
disposal
unit
receiving
restricted
wastes
will comply with other applicable
federal,
state and
local
laws
4
6)
Whether the facility
is
in interim status,
or,
if
a RCRA permit
has
been
issued,
the
term
of
the
permit.
b)
The demonstration referred to
in
subsection
(a) must meet
the
following criteria:
1)
All waste and environmental
sampling, test
and analysis data
must
be
accurate
and reproducible
to the extent that state—of-
the-art
techniques
allow;
2)
All
sampling,
testing and estimation techniques for
chemical
and
physical
properties
of
the
waste
and
all
environmental
parameters
must
conform
with
“Test
Methods
for
Evaluating
Solid
Waste”
and
with
“Generic
Quality
Assurance
Project
Plan
for
Land
Disposal
Restrictions
Program,”
incorporated
by
reference
in
35
Ill.
Adm.
Code
720.111.
3)
Simulation
models
must
be
calibrated
for
the
specific
waste
and
site conditions,
and verified for accuracy by comparison with
actual measurements;
4)
A quality assurance and quality control
plan that addresses all
aspects
of the demonstration
and conforms with “Test Methods for
Evaluating Solid Waste” and with “Generic Quality Assurance
Project Plan for Land Disposal Restrictions Program,”
incorporated
by reference in
35 Ill.
Ado. Code 720.111.
and
5)
An analysis oust
be performed to
identify and quantify any
aspects
of the demonstration that contribute significantly to
uncertainty.
This analysis must include
an evaluation of the
consequences
of predictable future
events,
including,
but not
103—560

-247-
limited
to,
earthquakes, floods,
severe storm events, droughts
or other natural phenomena.
~j
Each petition referred to
in
subsection
(a) must include the
following:
jJ
A monitoring plan that describes the monitoring program
installed
at
or around the
unit to
verify continued compliance
with the conditions of the adjusted standard.
This monitoring
plan oust provide information
on the monitoring
of the
unit or
the environment around the unit.
The following specific
information must be
included
in
the plan:
A)
The
media
monitored
in
the
cases
where
monitoring
of
the
environment
around
the
unit
is
required
B)
The
type
of
monitoring
conducted
at
the
unit,
in
the
cases
where
monitoring of the unit
is required
~
The location of the monitoring stations
21
The monitoring interval
(frequency of monitoring
at each
station)
fl
The
specific
hazardous
constituents
to
be
monitored
~J
The implementation schedule
for the monitoring program
çj
The equipment used at the monitoring stations
H)
The
sampling
and
analytical
techniques
employed;
and
I)
Jhe
data
recording
and
reporting
procedures.
?J.
Where
applicable,
the
monitoring
program
described
in
subsection
(c)(1)
must
be
in
place
for
a
period
of
time
specified
by
the
Board,
as
part
of
its
approval
of
the
petition,
prior
to
receipt
of
prohibited
waste
at
the
unit.
~J
The
monitoring
data
collected
according
to
the
monitoring plan
specified
under
subsection
(c)(1)
must
be
sent
to
the
Agency
according
to
a
format
and
schedule
specified
and
approved
in
the
monitoring
plan,
and
~ft
A
copy
of
the
monitoring
data
collected
under
the
monitoring
plan
specified
under
subsection
(c)(1)
must
be
kept
on—site
at
the
facility
in
the
operating
record.
5)
The
monitoring
program
specified
under
subsection
(c)(1)
must
meet
the
the
following
criteria:
~j
All
sampling,
testing
and
analytical
data
must
be
approved
by
the
Board
and
must
provide
data
that
is
accurate
and
rep roduci ble.
103—461

-248-
j~j
All
estimation
and monitoring
techniques must be
approved
by the Board.
~
A quality assurance and quality control-plan addressing
all
aspects
of
the
monitoring
program must be
provided to and
approved by the Board.
c
d)
Each petition must be
submitted to the Board as
provided
in
35 Ill.
Ado. Code 106.
e)
After
a
petition has been approved,
the owner
or operator
shall
report
any changes
in
conditions
at the unit or the environment
around
the unit that significantly depart from the conditions
described
in the petition
and affect the potential
for migration of
hazardous constituents
from the
units
as
follows:
~ft
If the
owner
or operator plans
to make changes
to the
unit
design,
construction
or
operation,
the
owner
or
operator
shall,
at least
90 days prior
to making the change, either:
~
File
a petition
for modification
of or
a new petition to
amend
an adjusted standard with the Board
reflecting the
changes;
or,
~J
Demonstrate
to the Agency that the change can be made
consistent with the conditions
of the existing adjusted
standard.
2)
If the
owner or
operator discovers
that
a condition at the site
which
was
modeled
or
predicted
in
the
petition
does
not
occur
as
predicted,
this change must
be
reported,
in writing,
to the
Agency within
10 days of discovering the change.
The Agency
shall
determine whether the reported change from the terms
of
the petition requires further action, which may include
termination
of waste
acceptance,
a petition
for modification
of
or
a new petition for an adjusted standard.
j~j
If there
is migration
of hazardous constituent(s) from the unit,
as
determined
by the owner
or operator, the owner or operator shall:
1)
Ininediately
suspend
receipt
of
restricted
waste
at
the
unit,
and
2)
Notify
the
Agency,
in
writing,
within
10
days
of
the
determination that
a release has occurred.
~1
Following
receipt
of
the notification,
the Agency shall, within
60 days
of
receiving notification:
~j
Determine whether the owner
and operator can continue to
receive prohibited waste
in the unit under the conditions
of the adjusted standard.
~j
If modification or
vacation of the adjusted standard
is
103
462

—249-
necessary,
file
a motion to modify
or
vacate
the
adjusted
standard
with
the
Board.
ci
Determine whether further examination
of any migration
is
required under the applicable provisions
of
35 Ill. Ado.
Code
724 or
725.
d
~)
Each petition must include the following statement signed by the
petitioner
or
an authorized representative:
I
certify under penalty
of
law that
I
have personally examined
and am familiar with the information submitted in this petition
and
all
attached documents, and that,
based
on
my
inquiry
of
those individuals imediately
responsible for obtaining the
information.
I believe that submitted information
is
true,
accurate and complete.
I
am aware
that there are significant
penalties for submitting false
information,
including the
possibility
of fine
and imprisonment.
e
h)
After
receiving
a petition, the Board
may request
any
additional
information that may be
required to evaluate the demonstration.
f
1)
If approved, the petition will
apply to
land disposal
of the specific
restricted waste
at the individual
disposal unit described
in the
demonstration and will
not apply to any other restricted waste at
that disposal
unit,
or
to that specific restricted waste
at
any other
disposal
unit.
~)
The
Board will
give public
notice and provide
an opportunity for
public
cornent
as
provided
in
35
Ill.
Adm. Code
106.
Notice of
a
final
decision
on
a
petition will
be published
in the Environmental
Regi ster.
h
k)
The term of
a petition granted under this Section will
be
no
io~1ger
than
the term of the RCRA permit
if the disposal unit
is operating
under
a RCRA permit,
or
up
to
a maximum of
10 years from the date
of
approval
provided
under
subsection
(g)
if the unit
is operating
under
interim status.
In either case, the term of the granted petition
-thai-I- -expires upon
the termination
or denial
of
a RCRA permit,
or
upon the termination
of interim status
or when the volume limit
of
waste
to
be land disposed during
the term of petition
is
reached.
4-
1)
Prior
to the Board’s
decision, the applicant
shall
comply with
all
restrictions
on land disposal
under this Part once the effective date
for
the
waste
has
been
reached.
m)
The
petition
granted
by
the
Board
does
not
relieve
the
petitioner
of
responsi5ilities
in
the management
of hazardous waste under
35
Ill.
Adm.
Code
702,
703
and
720
through
726.
k
n)
Liquid hazardous wastes containing PCBs at concentrations greater
than or
equal
to 500 ppm are not eligible for an adjusted
standard
under this Section.
103--463

-250-
(Source:
Amended
at
13 Ill.
Reg.
,
effective
)
Section 728.107
Waste Analysis
a)
Except
as
specified
in
Section
728.132
or
728.143, the generator
shall
test
the
generator’s
waste,
or
test
an
extract
developed
using
the
test
method
described
in Appendix A,
or use knowledge of the
waste,
to
determine
if
the
waste
is
restricted
from
land
disposal
under this
Part.
1)
If
a generator determines that the generator
is managing
a
restricted waste under this Part and determines
that the waste
does
not
meet
the
applicable
treatment
standards
set
forth
in
Subpart
0 or
—does net ce~pi-ywi-tb—exceeds the applicable
prohibition—s— levels
set forth
in Section 728.132 or
728.139,
with each shipment of waste the generator shall
notify the
treatment or
storage facility
in writing of the appropriate
treatment standard set
forth
in Subpart D and any applicable
prohibition—s- levels set forth
in Section 728.132
or 728.139.
The notice must include the following information:
A)
USEPA Hazardous Waste Number;
B)
The corresponding treatment standard
and all
applicable
standards set forth
in Section
728.132 or
728.139;
C)
The manifest number associated with the shipment of waste;
and
0)
Waste analysis data,
where available.
2)
if
a generator determines that
the generator
is managing
a
restricted waste under this Part, and determines that the waste
can be land disposed without further treatment, with each
shipment
of
waste
the
generator
shall
submit,
to
the
treatment,
storage or
land disposal
facility,
a
notice and
a certification
stating that the waste meets the applicable treatment standards
set forth
in Subpart
0 and
the applicable prohibition levels
set
forth
in
Section
728.132
or
728. 139.
A)
The notice must include
the following information:
i)
USEPA Hazardous Waste Number;
ii)
The corresponding treatment standard;
iii) The manifest number
associated with the shipment of
waste;
iv)
Waste analysis
data, where
available.
B)
The certification must be signed
by
an authorized
representative
and
must
state
the
following:
103— 464

—251—
I
certify
under
penalty
of
law
that
I
personally
have
examined
and
am
familiar
with the waste through
analysis
and
testing
or
through
knowledge
of
the
waste
to
support
this
certification that the waste complies
with the treatment standards specified
in
35 Ill. Ado.
Code
728.Subpart
0 and
all
applicable prohibitions
set
forth
in
35
Ill.
Ado.
Code
728.132,
728.139
or
Section
3004(d)
of
the
Resource
Conservation
and
Recovery
Act.
I
believe
that
the
information
I
submitted
is
true, accurate and complete.
I am aware that there
are significant penalties
for submitting
a false
certification, including the possibility
of
a fine and
imprisonment.
3)
If
a
generator’s
waste
is subject to
a case—by—case
extension
under Section 728.105,
an exemption under Section 728.106,
an
extension
under Section 728.1O1(c)(3) or
a nationwide variance
under 40 CFR 268.Subpart C
(1987), with each shipment of waste,
the generator shall —fo~wa~d-submit
a notice with the waste
to
the
—1-and
di-sposal- —facility receiving the generator’s waste,
stating that the waste
is —exempt f~e~
the
I-and di-sposal-
~est~4-cti-ons—not
prohibited from land disposal.
The notice must
include
the following information:
,fft
EPA
hazardous waste number:
~J
The corresponding treatment standards and
all
applicable
prohibitions
set
forth
in Section
728.132
or 728.139
.ci.
The manifest number associated with
the shipment
of waste
21.
Waste analysis
data,
where available,
and
E)
The date the waste
is
subject
to the prohibitions.
4)
If
a
generator
determines
that
the
generator
is
managing
a
waste
that
is
subject
to the prohibitions
under Section 728.133(f)
and
is
not subject to
the prohibitions
set forth
in Section 728.132,
with each shipment of waste,
the generator shall
notify
the
treatment storage
or disposal facility,
in writing,
of any
applicable
prohibitions
set forth
in Section
728.133(f).
The
notice must include the following information:
~
USEPA hazardous waste number
~j
The applicable prohibitions set forth
in Section
728.133(f)
çj
The manifest number associated with the
shipment of waste;
and
21
Waste analysis data where available.
4
5)
If
a generator determines whether the waste
is
restricted based
103—46
5

-252—
solely
on the generator’s knowledge of the waste,
the generator
shall
—~a4-ntai-n—retainall
supporting data used to make this
determination on-site
in the generator’s files.
If
a generator
determines
whether
the
waste
is
restricted
based
on
testing
the
waste
or
an
extract developed using the test-method described in
Appendix
A,
the
generator
shall
retain
all
waste
analysis
data
on
site
in
the generator’s files.
.~1
Generators
shall
retain
on—site
a
copy
of
all
notices,
certifications, demonstrations, waste
analysis data and other
documentation produced pursuant
to
this Section for at least
five years from the date that the waste that
is
the subject of
such documentation was
last sent to on-site
or off—site
treatment storage
or disposal.
The five year
record retention
period
is
automatically
extended
during
the
course
of
any
unresolved enforcement action regarding the regulated activity
or
as
requested by the Agency.
b)
Treatment facilities shall
test their wastes
according to
the
frequency specified
in their waste analysis
plans
as
required
by
35
Ill. Ado. Code 724.113
or 725.113.
Such testing oust be performed
as
provided
in subsections
(b)(1),
(b)(2) and
(b)(3).
1)
For wastes
with treatment standards expressed as concentrations
in
the waste extract
(Section 728.141),
the owner
or operator
of
the treatment facility shall
test the treatment residues
or
an
extract of
such residues developed using the test method
described in Appendix A to
assure that the treatment residues or
extract meet
the applicable treatment standards.
~
For
wastes
prohibited
under
Section
728.132
or
728.139 which
are
not subject
to any treatment standards under Subpart 0,
the
owner
or operator of the treatment facility —~st—shalltest
the
treatment residues according to the generator testing
requirements
specified
in Section
728.132
to assure that
the
treatment
residues comply with the applicable prohibitions.
—~e~
both ei-Fe~staneesdese~i-bedabove1 s~ehtest4n~~st
be
pe~fo~~ed
acee~di-ngto the f~eq~ency
speci-fi-ed
i-n
the
faci-1-i-ty-~-s
waste
ana1-ysi-s
p1-an
as
pe~i-nedby 3~I-4-1-~
AdFnT
Gede ~247R3
e~
~2STI-I-3T
Where the t~eat~ent
~esi-d~es
do not ce~p1-yw4-th the
t~eat~ent
standards e~p~ehi-bi-ti-ons1 the t~eatn~ent
faei-I-4-ty ~st
con~p1-ywi-tb the noti-ee Fe~+pefflentsappl-i-eabl-e to gene~atoFsi-n
s~bsecti-on
(-a~(-I-~-
i-f the tPeatF~eRtpesi-d~eswi-i-I-
be f~~the~
managed at
a
di-ffepent t~eat~ent
faei-i-4-tyr-
~j
For
wastes
with
treatment
standards
expressed
as
concentrations
in the waste
(Section
728.143), the owner or operator of the
treatment
facility shall
test the treatment residues
(not
an
extract
of
such residues) to assure that the treatment residues
meet the applicable treatment standards.
4)
A notice must be sent to the land disposal
facility which
includes the following information:
103-466

-253—
A)
USEPA Hazardous Waste Number;
B)
The corresponding treatment standards and
all
applicable
prohibitions
set forth
in Section 728.132
or 728.139.
C)
The manifest number associated with the shipment of waste;
and
0)
Waste
analysis
data, where available.
2
5)
The treatment facility shall
submit
a certification with each
shipment
of waste or treatment
residue
of a
restricted waste to
the land disposal
facility stating that the waste
or treatment
residue
has been treated
in compliance with the treatment
standards
specified
in
Subpart
0
and
the
applicable
prohibitions
set
forth
in Section
728.132
or
728.139.
A)
For wastes with treatment standards expressed as
concentrations
in
the waste extract
or
in
the waste
(Sections 728.141
or 728.143),
or for wastes prohibited
under Section
728.132
or 728.139 which are not subject
to
any treatment standards under Subpart
0,
the certification
must
be signed by
an authorized representative and must
state the following:
I
certify under penalty
of law that
I
have personally
examined
and am familiar with
the treatment technology
and operation
of the treatment process used to support
this certification and that,
based
on
my
inquiry of
those
individuals imediately
responsible for
obtaining this information,
I
believe that
the
treatment
process has
been operated and maintained
properly so as
to
comply with the performance levels
specified
in
35
111. Ado. Code 728.Subpart
0
and
all
applicable
prohibitions
set
forth
in
35
Ill. Adm.
Code
723.132
or 728.139
or section
3004(d) of the Resource
Conservation and Recovery Act without dilution of the
prohibited waste.
I am aware that there are
significant penalties for submitting
a false
certification, including the possibility
of fine and
imprisonment.
B)
For wastes with treatment standards expressed
as
technologies
(Section
728.142),
the certification must be
signed
by
an authorized representative and must state the
fol lowing:
I
certify
under
penalty
of
law that
the waste has been
treated
in accordance with the requirements
of
35
Ill.
Ado. Code 728.142.
1 am aware that there are
significant penal ties for submitting
a
false
certification, including the possibility
of
fine and
imprisonment.
103—4f~,7

-254-
~j
If the waste
or treatment residue will
be further managed
at
a
different treatment
or storage facility,
the treatment, storage
or
disposal
facility
sending
the
waste
or
treatment
residue
off—
site must comply with the notice and certification requirements
applicable
to
generators
under
this
Section...
fl
For wastes that
are subject
to the prohibitions
under Section
728.133(f) and
are not subject to the prohibitions set forth
in
Section 728.132, with each shipment of such waste the owner
or
operator shall
notify any subsequent treatment, storage or
disposal fa~tlityin writing,
of
any applicable prohibitions
in
writing,
of any applicable prohibitions
set forth
in Section
728.133(f).
The notice must include the following information:
A)
USEPA hazardous waste number
~J
The applicable
prohibitions
set forth
in Section
728.133(f)
çj
The manifest number associated with the shipment of waste;
and
~j
Waste analysis data, where
available.
~j
Where the wastes
are recyclable materials used in
a manner
constituting disposal
subject
to the provisions
of
35 Ill. Ado.
Code 726.120(b), the owner
or operator of
a treatment facili~y~
(the recycler) is not required to notify the receiving facility
pursuant
to subsection
(b)(4).
With each shipment
of such
wastes the
owner
or operator of the recycling facility shall
submit
a certification described in subsection
(b)(5),
and
a
notice which
includes the information
listed
in subsection
(b)(4)
(except the manifest number) to the Agency.
The
recycling facility also shall
keep records of the name
and
location
of each entity receiving the hazardous waste-derived
product.
c)
The owner
or operator of
any land disposal
facility disposing any
waste
subject
to
restrictions under this Part shall- have ~eee~dsof
the noti-ce and ee~t4-fi-cati-en speci-fi-ed
i-n
ei-thep s~bseeti-en4a~en
b~1
i-he ownen en
epenaton of the
1-and
di-spesal-
faei-4-i-ty
thai-i-
test
the waste
en an e~tnactof the waste devel-oped ~si-ng
the test method
deseni-bed
i-n Appendi-x A1 on ~si-ng
any
methods
ne~i-nedof ~enenatons
~ndenSeeti-on ~28TI-321
to ass~nethat the wastes
on tneat~ent
nesi-d~esane
i-n
ee~p1-i-aneewi-th
the
appl-i-eabl-e tneat~entstandands
set fenth
i-n S~bpant9 and
al-i-
appl-i-eabl-e
pnohi-bi-ti-ens set fenth
4-n
Secti-on
28T32 on T28TI-39?
S~ehtest4-n~thai-I-
be penfonn~ed
aeeend+n~to the fne~eneyspeei-fi-ed
4-n
the fae4~1~i-ty!swaste anai-ys4-s
p1-an
as
neq~i-nedby
3~RI-? Ad~~
Gode
~24?I-1-3
on
‘2~1flT—:
fl
Have copies
of the notice
and certification specified
in
subsection
(a) or
(b),
and the certification specified in
Section 728.108
if applicable.
103 468

—255-
gj
Test the waste,
or
an extract of the waste
or treatment residue
developed
using
the
test
method
described
in
AppendixAor
using
any methods required by generators under Section
I?J3.13~,
to
assure that the wastes
or treatment residues are in compliance
with the applicable treatment
standards set forth
in Subpart
0
and all applicable prohibitions set forth
in Sections 728.132
or
728.139.
Such testing must be performed according to the
frequency
specified
in
the
facility’s
waste
analysis
plan
as
required by
35 Ill. Adm. Code 724.113 or 725.113.
Where the owner or
operator
is disposing of any waste that
is
subject
to
the prohib~tionsunder Section 728.133(f)
but not
subject
to
the prohibitions
set forth
in Section
728.132, the
owner
or operator sha
1
ensure that such waste
is the
subject
of
a
certification according to the requirements
of Section 728.108
prior
to disposal
in
a landfill
or
surface impoundment
unit,
and
that such disposal
is
in accordance with the requirements
of
Section 728.105(h)(2).
The same requirement
applies
to any
waste that
is
subject
to the prohibitions under Section
728.133(f) and
also
is
subject
to the statutory prohibitions
in
the codified prohibitions
in Section 728.139
or Section 728.132
(Source:
Amended
at
13 Ill. Reg.
,
effective
Section 728.108
Landfill
and Surface Impoundment Disposal Restrictions
The Board
incorporates
by
reference
40 CFR 268.8,
as adopted
at
53 Fed. Reg.
31211, August
17,
1988.
This Section
incorporates
no future editions or
amendments.
Prior
to May
8,
1990, wastes which are otherwise prohibited from
land disposal
under Section 728.133(f) may be
disposed
in
a
landfill
or
surface impoundment
which
is
in
compliance with the requirements
of
40 CFR
268.5(h)(2), provided the
requirements
of
40 CFR 268.8 are met.
(Source:
Added
at
13
Ill.
Reg.
,
effective
SUBPART
C:
PROHIBITION
ON LAND DISPOSAL
Section 728.130
Waste Specific Prohibitions
--
Solvent Wastes
a)
The
spent solvent wastes
specified
in
35 Ill.
Adm. Code 721.131
as
USEPA Hazardous Waste —~4esT-NumbersFOOl, F002,
F003,
F004
and
F005
are
prohibited
under
this
Part
from
land
disposal
(except
in
an
injection
well)
unless
one
or
more
of
the
following
conditions
apply:
1)
The
generator
of
the
solvent waste
is
a
small
quantity generator
of
100
to
1000
kilograms
of
hazardous
waste
per
month;
or
2)
The
solvent
waste
is
generated
from
any
response action
taken
under
CERCLA
or
from
RCRA
corrective
action
except
where
the
waste
is contaminated soil
or debris— not s~b~~eet
to
35
I~I-i-?
Ad~nTGede ~@2~~@3and ~29thno~h~
en 49 G~R2S9 thno~h
2~9~I-98~
anti-i-
~4ove~ben
8~I-988—;
or
3)
The
initial
generator’s solvent waste
is
a
solvent—water
)
103--4 69

-256—
mixture, solvent—containing sludge
or
solid,
or solvent—
contaminated soil
(non—CERCLA or non—RCRA corrective action)
containing
less than
1 percent
total
FOOl through F005 solvent
constituents
listed
in Table A- e~Secti-en ~28T~41~-.
4)
The solvent waste
is
a residue from treating a waste described
in
subsections
(a)(1),
(a)(2)
or
(a)(3);
or
the
solvent
waste
is
a residue from treating
a waste not described
in subsections
(a)(1),
(a)(2) or (a)(3)
provided such residue belongs
to
a
different treatability group
than
the waste
as
initially
generated
and wastes belonging to
such treatability group
are
described
in subsection (a)(3).
b)
—~cect4ve~4eve~nben
g1
1-9881 t—The FOOl through F005 solvent wastes
listed
in subsections
(a)(1), (~)(2),—en —(a)(3)
or
(a)(4)
are
prohibited from land disposal.
—Between ~4eve~ben
81
1-98&-
and
~4eve~bec
81
1-988~wastes
i-ne1-~ded 4-n s~bseet4-ons~
~a~2) on
~
~ay be
d4-sposed
of
4-n
a
i-andf4-l-1-
on s~nfaee4-i~pe~ind~ent
enl-y
4-f the facil-4-ty
4-s
4-n ee~p1-4aneewith the neq~4-ne~ents
spee4fi-ed
4-n
Seet4-on
‘28~i-95~h-)42~T—
c)
Effective November
8, 1990,
the FOOl through F005 solvent wastes
which
are contaminated
soil
and debris resulting from
a CERCLA
response or RCRA corrective action
or the residue from treatment of
these wastes
are prohibited from land disposal.
Until
November 8,
1990,
these wastes may be disposed
in
a landfill
or surface
impoundment
only
if such unit
is
in compliance with the requirements
specified
in
40 CFR 268.5(h)(2),
incorporated
by
reference
in Section
728. 105.
e
d)
The requirements
of subsections
(a),
—and
—(b)
and
(c) do
not apply
if:
1)
The wastes meet
the standards of Subpart 0;
or
2)
Persons
have been granted
an exemption from
a prohibition
pursuant
to
a petition
under Section 728.106, with respect
to
those wastes
and
units covered
by
the petition; or
3)
Persons
have
been
granted
an
extension
to
the
effective
date
of
a prohibition pursuant to Section 728.105, with respect
to those
wastes and units
covered
by the extension.
(Source:
Amended
at
13 Ill. Reg.
,
effective
Section
728.131
Waste Specific Prohibitions
——
Dioxin—
Containing
Wastes
a)
The
dioxin-containing wastes specified
in
35
ill.
Adm.
Code
721.131
as
USEPA
Hazardous
Waste Numbers F020,
F021,
F022, F023,
F026,
F027
and
F028
are
prohibited
from land disposal, unless
the following
condition
applies:
The
dioxin—containing waste
is
contaminated soil
and debris
resulting from a CERCLA response
or
a
RCRA
corrective
action.
103—470

-257-
b4
The
neq~4ne~ents
of s~bseet4en~a4do Ret
app1-y *f~-
1-4
The
wastes
n~eetthe
standands
of SHbpant 9j~
OFT
24
Pensons have been ~nantedan exe~pt4-en~ne~a pneh4bi-t4-en
p~ns~ant
to
a
peti-ti-eR ~ndenSeeti-en ~28T1-96T
wi-th nespeet to
these wastes and ~n*tscevened
by the
peti-ti-ent en
34
Pensens
have
been
gnanted
an extensi-on fne~the effect4-ve date
of
a pneh4-b4ti-en p~ns~ant
to
Seet4-en ~28~1-9S~
w4th nespeet to
these wastes and ~n4-ts
covened by the extens4en~-
b)
Effective November
8,
1990, USEPA Hazardous Waste Numbers FO2O,
FO21,
F022, FO23,
FO26,
FO27 and FO28, dioxin—containing waste which
is
contaminated
soil
and debris
resulting from
a CERCLA response or
a
RCRA
corrective
action
listed
in subsection
(a)
are
prohibited
from
land
disposal.
c)
-Between ~4eveRbeP
81
1-9861
and
~ove~ben8~1-9881—Until
November
8,
1990, wastes
included
in
subsection
(-a—b) may be disposed of
in
a
landfill
or
surface impoundment only
if
the facility
is
in compliance
with the
requirements specified
in 40 CFR 268.5(h)(2)—4i-98~4—,
incorporated
by reference
in Section
728.105,
and
all
other
applicable
requirements of
35
Ill. Adm. Code
724 and
725.
~ii
The
requirements
of subsections
(a)
and
(b)
do not
apply
if:
fl
The
wastes
meet
the
standards
of
Subpart
0;
or,
~j
Persons
have been granted
an exemption from
a prohibition
pursuant to
a petition under Section
728.106, with respect
to
those wastes
and units
covered
by the petition
or
3)
Persons have been granted
an extension from the effective date
of
a prohibition pursuant
to Section 728.105, with respect
to
those wastes
and
units
covered
by the extension.
(Source:
Amended
at
13
Ill. Reg.
,
effective
Section 728.132
Waste Specific Prohibitions
——
California List Wastes
a)
The following hazardous wastes
are
prohibited
from
land disposal
(except
in
injection wells):
1)
Liquid hazardous wastes
having
a
pH less than
or
equal
to two
(2.0);
2)
Liquid hazardous wastes containing PCBs
at concentrations
greater than or equal
to
50 ppm;
3)
Liquid
hazardous
wastes
that
are
primarily
water
and
contain
halogenated
organic
compounds (HOCs)
in total
concentration
greater than or equal
to
1000 og/l
and
less than 10,000 mg/l
103--47 1

-258-
HOCs.
d)
The
requirements
of
subsection
(a)
and
(e)
do
not
apply
until:
November 8,
—1-988-1989, where the wastes are-contaminated
soil
or
debris
not
resulting
from
a
CERCLA
response
action
—taken
~ndenSeeti-en
1-04 en
1-06 e~GERG6A1— or from RCRA corrective
action,
as defined
in Section 728.102.
Until
July 8,
1989,
the
wastes may be disposed of
in
a
landfill
or surface impoundment
only
if
such disposal
is
in compliance with the requirements
in
4OCFR
268.5(h)(2),
incorporated
by
reference in Section
728. 105.
2)
November 8,
1990, where the wastes
are contaminated
soil
or
debris
resulting from a CERCLA response action
or RCRA
corrective action.
Until
November
8, 1990,
the wastes may be
disposed
in
a
landfill
or surface
impoundment
only
if
such unit
is
in
compiance with the requirements
specified in 40 CFR
268.5(h)(2),
incorporated
by
reference
in
Section
728.105.
e)
—Effeeti-ve
~h~1-y
8~
1-9891 t—The following hazardous wastes are
prohibited from
land
disposal
(subject
to
any
regulation
that
may
be
promulgated with
respect to disposal
in
injection wells):
1)
Liquid
hazardous wastes
that contain HOCs
in
total
concentration
greater
than
or
equal
to
1000
mg/I
and
are
not
prohibited
under
subsection (a)(3);
and
2)
Nonliquid hazardous wastes containing HOCs
in
total
concentration greater than or equal
to 1000 mg/kg and which
are
not wastes
described
in
subsection
(d).
f)
—~nti-i-~1-y81
1989w t—Ihe wastes
described
in
subsections
(e)(1) and
(e)(2)
may
be
disposed
of
in
a landfill
or
surface impoundment
only
if the facility
is
in compliance with the requirements
specified
in
40 CFR 268.5(h)(2),
incorporated
by
reference
in Section
728.105.
g)
The
requirements
of
subsections
(a)
~j~J
and
(e)
do
not
apply
if:
1)
Persons
have
been
granted
an
adjusted
standard
from
a
prohibition pursuant
to
a
petition under Section 728.106, with
respect
to those wastes
and units covered
by the petition
(except
for liquid hazardous wastes containing PCB5
at
concentrations greater than or
equal
to
500 ppm which are not
eligible for exemptions);
or,
2)
Persons have been granted
an extension
to the effective date
of
a prohibition pursuant to Section
728.105, with respect
to
those
wastes covered
by the extension;
or
3)
The wastes meet the applicable standards specified
in Subpart 0
or,
where
treatment
standards
are
not
specified,
the
wastes
are
in compliance with
the applicable prohibitions
set forth
in
this
Section
or Section
728.139.
103--472

-259-
h)
The prohibitions and effective dates
specified
in subsections (a)(3)~
j~j
and
(e) do not apply where the waste is
subject
to
a Subpart
C
prohibition
and effective date for a specified HOC
(such
as
a
hazardous waste chlorinated solvent,
see e.g. Section
728.130(a)).
i)
To determine whether
or not a waste
is
a liquid under subsections
(a)
or
(e)
or
under
Section
728.139,
the
following
test oust be used:
Method 9095 (Paint Filter Liquids Test),
as
described
in
“Test
Methods
for Evaluating Solid
Wastes”, incorporated
by
reference
in
35
Ill. Ado. Code 720.111.
j)
Except
as otherwise provided
in this subsection,
the waste analysis
and
recordkeeping
requirements
of
Section
728.107
are
applicable
to
wastes
prohibited under this Part
or Section 728.139:
1)
The
initial generator of
a liquid
hazardous waste —n~st—shall
test
the waste
(not an extract
or filtrate)
in
accordance with
the procedures
specified
in
35
Ill.
Ado. Code 721.122(a)(l), or
use knowledge of the waste,
to determine
if the waste has a pH
less than or equal
to two
(2.0).
If the liquid waste
has
a
pH
less than or
equal
to two
(2.0),
it
is
restricted from land
disposal
and
all
requirements
of this Part are applicable,
except
as otherwise specified
in this Section.
2)
The initial
generator of either
a liquid
hazardous waste
containing PCBs or
a liquid
or nonliquid hazardous waste
containing HOC5 —~st—shalltest
the waste (not an extract
or
filtrate),
or use knowledge of the waste,
to determine whether
the concentration levels
in
the waste
equal
or exceed
the
prohibition
levels
specified
in this Section.
If the
concentration of PCBs
or HOCs
in the waste
is
greater than or
equal
to the prohibition
levels specified
in
this Section, the
waste
is
restricted
from
land
disposal
and
all
requirements
of
this
Part
are applicable,
except
as
otherwise specified
in this
Secti on.
(Source:
Amended at
13
Ill.
Reg.
,
effective
Section 728.133
Waste Specific Prohibitions
——
First Third Wastes
~
The wastes specified
in
35
Ill. Ado. Code 721.132
as USEPA hazardous
wastes
numbers
listed below are prohibited
from land disposal
(except
in
an
injection well).
Until
August
7,
1990, K061 wastes containing
15
zinc or greater
are prohibited from land disposal
pursuant to the
treatment standards specified
in Section
728.141 applicable to
KO61
wastes that contain
less than 15
zinc.
F006
(nonwastewater)
KOOl
KOO4
nonwastewater
KOO8
nonwastewater
KO15
K016
103--473

-260-
KO18
K 019
K 020
K021
(nonwastewater)
K022
(nonwastewater)
K024
K025
K030
KO36 (nonwastewater)
KO37
K044
KO45 (nonexplosive)
KO46 (nonwastewater)
K047
KO6O
nonwastewater)
KO61
nonwastewaters containing
less than
15
zinc)
KO62
non
CaSO4)
KO69
nonwastewater)
KO83
nonwastewater)
KO86
solvent washes),
KO87
KO99
K 100
K 101
K102
K103
K 104
~ft
Effective August 8,
1990,
the wastes specified
in
35
Ill. Ado. Code
721.132 as USEPA Hazardous Waste Nos. K048,
K049, K050,
KO51, KO52,
KO61 (containing
15
zinc or greater), and K071
are prohibited from
land disposal.
c)
Effective August
8,
1990, the wastes specified
in Section
728.110
having
a treatment standard
in Subpart
D based
on
incineration
and
which are contaminated
soil
and debris are prohibited
from land
disposal.
~j
Until
August
8,
1990,
wastes
included
in
subsection
(b)
and
(c) may
be disposed
of
in
a
landfill
or surface impoundment only
if
such unit
is
in
compliance with the
requirements specified
in
40 CFR
268.5(h)(2),
incorporated
by reference
in Section 728.105.
~j
The
requirements
of
subsection
(a),
(b),
(c)
and
(d)
do
not
apply
if:
II.
The
wastes meet the applicable standards specified
in Subpart 0
or
g~j
Persons have been granted
an adjusted standard pursuant to
Section 728.106, with respect
to those wastes and units
covered
by
the
petition;
or
~j
Persons
have been granted
an extension to the effective date
of
a
prohibition
pursuant
to
Section
728.105,
with
respect
to
those
103 474

-26 1-
wastes
covered
by the extension.
fl
Until
May
8,
1990,
the
wastes
specified
in
Section
728.110
for
which
treatment standards under Subpart 0
are
not
applicable,
including
those wastes which are subject
to the statutory prohibitions
of
Section 728.139
or codified prohibitions under Section 728.132, but
not including wastes
subject to
a treatment standard under Section
728.142, are prohibited
from disposal
in
a landfill
or surface
impoundment
unless the wastes
are the subject
of
a valid
demonstration
and certification pursuant to Section 728.108.
~jj
To
determine
whether
a
hazardous
waste
listed
in
Section
728.110
exceeds the applicable treatment standards specified in Sections
728.131
and
728.143,
the
initial
generator shall
test
a
representative
sample of the waste
extract
of the
entire waste
depending on whether the treatment standards are expressed
as
concentrations
in
the waste extract
or the waste.
If the waste
contains constituents
in excess
of the applicable Subpart
0 levels,
the waste
is
prohibited
from land disposal
and
all
requirements
of
this
Part
are
applicable
except
as
otherwise
specified.
(Source:
Added
at
13
Ill.
Reg.
,
effective
)
SUBPART 0:
TREATMENT STANDARDS
Section
728.140
Applicability
of Treatment Standards
a)
A restricted waste identified
in
—thi-s S~bpant—Section728. 141 may
be
land disposed without further treatment only
if
an extract
of
the
waste
or of the treatment residue
of the waste developed using the
test method Appendix A does
not exceed the value shown
in Table
A —e~
Seeti-en ~28~1-41-—
for
any hazardous constituent
listed
in Table A for
that waste.
—A nestn4-eted waste foF whi-ch
a tneat~nentteehnei-e~y
i-s
spee4f4-ed ~ndenSeet4-en ~28Ti-42~a4
n~ay
be
i-and
di-spesed
afteF
4-t
i-s
tneated d5i-R~that
speei-f4-ed teehnei-e~y
OF
an eq~i-va1-enttneatment
~ethedapproved ~ndenthe pnoeed~nesset fonth
4-n
Seeti-on
~28T1-424b4T—
b)
A restricted waste for which
a treatment technology
is specified
under Section
728.142(a) may be
land disposed after
it
is
treated
using that specified technology
or
an equivalent treatment method
approved by the Agency
under the procedures
set
forth
in Section
728.142(b).
~J
A
restricted waste
identified
in Section
728.143 may be land disposed
only
if the constituent concentrations
in the waste
or treatment
residue
of the waste
do
not exceed the value shown
in Table
B
for any
hazardous constituent
listed
in Table B for that waste.
(Source:
Amended
at
13
III.
Reg.
,
effective
)
Section
728.142
Treatment Standards expressed
as Specified Technologies
a)
The following wastes must be treated using
the identified technology
193--4 75

-262—
or
technologi-es,
or
an
equivalent
method
approved
under
subsection
(b).
1)
Liquid
hazardous
wastes
containing
PCB5
at
concentrations
greater
than
or
equal
to
50
ppm
but
less
than
500
ppm
oust
be
incinerated
in
accordance
with
technical
requirements
at
40
CFR
761.70, incorporated
by reference
in
35
Ill. Ado. Code 720.111,
or
burned
in high efficiency
boilers
in
accordance
with
the
technical
requirements
of
40 CFR
761.60.
Liquid hazardous
wastes containing
PCBs
at concentrations greater than or equal
to 500
ppm must
be
incinerated
in accordance with the technical
requirements
of
40 CFR
761.70.
Thermal
treatment
in
accordance
with this Section must be
in compliance with applicable
regulations
in
35
Ill. Ado. Code
724,
725 and 726.
2)
Nonliquid hazardous wastes
containing halogenated organic
compounds
(HOC5)
in
total
concentrations
greater than or
equal
to
1000 mg/kg
and
liquid HOC—containing wastes
that are
prohibited under Section 728.132(e)(1) must be incinerated
in
accordance with the requirements
of
35 Ill. Adm. Code
724.Subpart
0 or 35 111. Adm. Code 725.Subpart
0,
or
in boilers
or
industrial
furnaces
burning
in
accordance
with
applicable
regulatory standards.
These treatment standards do
not
apply
where the waste
is
subject to
a Subpart
C treatment standard
for
a
specific
HOC
(such
as
a
hazardous
waste
chlorinated
solvent
for which
a treatment standard
is established under Section
728.141(a)).
b)
Any person may submit
an application
to
the Agency demonstrating that
an
alternative treatment method
can
achieve
a
level
of
performance
equivalent
to that achievable
by methods specified
in
subsection
(a).
The applicant shall
submit information demonstrating
that the
applicant’s treatment method
is
in compliance with federal
and
state
requirements,
including
this
Part,
35
Ill.
Adm.
Code
709,
724,
725,
726
and
729
and
Sections
22.6
and
39(h)
of
the
Environmental
Protection Act
(Ill. Rev.
Stat.
1985,
ch.
111
1/2,
pars.
1022.6
and
1039(h)), and
is
protective
of human
health
or the environment.
On
the
basis
of such information
and
any other available information,
the Agency
shall
approve the use of
the alternative treatment method
if the Agency finds
that
the alternative treatment method provides
a
measure
of performance equivalent
to
that achieved
by methods
specified
in
subsection
(a).
Any approval
must
be stated
in writing
and may contain
such provisions
and conditions
as
the Agency
determines
to
be appropriate.
The person
to whom
such certification
is
issued
shall
comply with
all
limitations
contained
in
such
determi nation.
(Source:
Amended
at
13
Ill. Reg
,
effective
Section
728. 143
Treatment Standards expressed
as
Waste Concentrations
~j
Table
B
identifies
the
restricted
wastes
and
concentrations
of
their
associated hazardous constituents which must
not be exceeded by the
waste
or treatment
residual
(not
an extract
of
such waste
or
103—476

—263—
treatment
residual)
for
the
allowable
land
disposal
of
such
waste
or
residual.
j~j
When
wastes
with
different
treatment
standards
for
a
constituent
of
concern are combined for purposes of treatment,
the treatment residue
must meet the
lowest treatment standard
for the constituent
of
concern.
(Source:
Added
at
13
Ill.
Reg.
,
effective
)
Section
728.144
Adjustment
of
Treatment
Standard
a)
Where
the
treatment
standard
is
expressed
as
a
concentration
in
a
waste
or waste extract
and
a waste cannot
be treated
to the specified
level
,
or where the treatment technology
is
not
appropriate
to the
waste,
the generator or treatment facility may petition the Board for
an adjusted treatment standard.
As justification, the petitioner
shall
demonstrate that,
because the physical
or chemical
properties
of the waste differ
significantly from wastes
analyzed
in developing
the
treatment
standard,
the
waste
cannot
be
treated
to
specified
levels
or
by the specified methods.
b)
Each petition must be submitted
in accordance with
the procedures
in
35
III. Ado. Code
106.
c)
Each
petition
must
include
the
following
statement
signed
by
the
petitioner
or
an authorized
representative:
I
certify
under penalty
of
law that
I
have personally examined
and am familiar with the information
submitted
in this petition
and
all
attached
documents,
and
that,
based
on
my
inquiry
of
those
individuals imediately responsible for obtaining the
information,
I
believe that the submitted
information
is
true,
accurate
and
complete.
I
am
aware
that
there
are
significant
penalties
for submitting
false information,
including the
possibility
of
fine
and
imprisonment.
d)
After
receiving
a
petition
for
adjustment
of
a
treatment
standard,
the Board may
request any additional
information or samples which
are
necessary to
evaluate the petition.
e)
The Board will
give public
notice and provide
an opportunity
for
public coment,
as
provided
in
35 Ill.
Ado. Code
106.
The final
decision on
an adjusted treatment stanoard will
be published
in
the
Environmental Register.
f)
A generator,
treatment facility or disposal
facility that
is managing
a waste covered
by
an
adjusted treatment
standard
shall
comply with
the waste analysis requirements for
restricted wastes
found under
Section 728.107.
g)
During the petition review process,
the applicant
is
required to
comply with
all
restrictions
on land disposal
under this Part once
the effective date for the waste
has been reached.
103—477

-264-
Where the treatment standard
is expressed as
a concentration
in
a
waste
or
waste
extract
and
a
waste
generated
under
conditions
specific
to
only
one
site
cannot
be
treated
to
the
specified
level,
or where treatment technology
is not appropriate to
the waste, the
generator
or
treatment
facility
may
petition
the
Board
for a site—
specific
adjustedstandard.
The
petitioner
shall
demonstrate
that,
because the physical
or chemical
properties
of the waste differs
~jgnificantly
from
the
waste
analyzed
in
developing
the
treatment
standard,
the waste
cannot
be treated
to specified
levels
or
by the
specified methods.
JJ
Each petition for
a site—specific adjusted standard must
include the
information
in
40 CFR 26O.2O(b)(1) through
(b)(4), incorporated by
reference
in
35
Ill.
Adm.
Code
720.111.
~J
After
receiving
a
petition for
a site—specific adjusted standard, the
Board may request any additional
information
or samples which the
Board
determines are necessary to evaluate the application.
~j
A generator,
treatment
facility or disposal facility which
is
managing a waste covered
by
a site-specific adjusted standard from a
treatment standard shall
comply with the
waste analysis requirements
for
restricted wastes
in Section 728.107.
3J
During the petition
review process, the petitioner for
a
site—
specific adjusted standard
shall
comply with
all
restrictions
on land
disposal
under this Part once the effective date
for the waste has
been
reached.
(Source:
Amended
at
13
Ill. Reg.
,
effective
SUBPART
E:
PROHIBITIONS
ON
STORAGE
Section 728.150
Prohibitions
on Storage of Restricted Wastes
a)
Except
as provided
in
this Section,
the storage of
hazardous wastes
restricted from land disposal
under Subpart
C
is
prohibited,
unless
the following conditions
are met:
1)
A
generator
stores
such
wastes
in
tanks
or
containers
on—site
solely
for
the
purpose
of
the
accumulation
of
such
quantities
of
hazardous waste
as necessary to facilitate proper
recovery,
treatment or
disposal
and
the
generator
complies
with
the
requirements
in
35 Ill.
Ado. Code 722.134.
(A generator who
is
in
existence on
the effective date
of
a
regulation under this
Part
and who must store hazardous wastes
for longer than
90 days
due to the regulations
under this Part becomes
an owner
or
operator
of
a storage facility and oust obtain
a RCRA permit,
as
required by
35
Ill. Adm. Code 703.
Such
a facility may qualify
for interim status
upon compliance with
the regulations
governing interim status under
35 Ill. Ado. Code 703.153).
2)
An
owner
or operator of
a hazardous waste treatment,
storage or
1~l3--47’3

-265-
disposal
facility stores
such wastes
in tanks
or
containers
solely for the purpose
of the accumulation
of such quantities of
hazardous waste
as necessary to
facilitate proper
recovery,
treatment
or
disposal
and
A)
Each
container
is
clearly
marked
to
identify its contents
and the date each period
of
accumulation begins;
B)
Each tank
is
clearly marked with
a description
of its
contents, the quantity
of each hazardous waste received and
the date each period
of accumulation begins,
or such
information
is
recorded
and maintained
in the operating
record
at the
facility.
Regardless
of whether
the tank
itself
is marked, the owner and operator shall
comply with
the
operating
record
requirements
of
35
Ill.
Adm.
Code
724.173
or 725.173.
3)
A
transporter
stores
manifested
shipments
of
such
wastes
at
a
transfer facility for
10 days
or
less.
b)
An owner
or operator of
a treatment, storage or disposal facility may
store
such wastes for up
to one year unless the Agency can
demonstrate that such storage was
not
solely for the
purpose
of
accumulation
of such quantities
of hazardous waste
as
are necessary
to
facilitate proper recovery, treatment
or disposal.
c)
An owner
or operator of a
treatment,
storage
or disposal
facility may
store such wastes beyond
one year;
however,
the owner or operator
bears
the burden
of proving that
such storage was
solely for the
purpose
of accumulation
of such quantities
of hazardous waste
as
are
necessary to facilitate proper
recovery, treatment or disposal.
d)
The
prohibition
in
subsection
(a)
does
not
apply
to
the
wastes
which
are
the
subject
of
an
approved
petition
under
Section
728.106,
a
nationwide variance contained in Subpart C,—
op-
an approved case-by—
case extension under Section
728.105
or
a
valid
certification under
Section 728.108.
e)
The prohibition
in
subsection
(a) does
not
apply to hazardous wastes
that meet
the treatment standards specified under Sections 728.141,
728.142 and 728.143
or the adjusted treatment standards specified
under
Section
728.144,
or,
where
treatment
standards
have
not
been
specified,
is
in compliance with the applicable prohibitions
specified
in
Section
728.132
or
728.139.
f)
Liquid
hazardous wastes
containing PCBs
at concentrations greater
than
or equal
to
50 ppm must
be stored
at
a facility that meets the
requirements
of
40 CFR
761.65(b),
incorporated
by
reference
in
35
Ill.
Adm. Code 720.111,
and
must be
removed from storage
and treated
or disposed
as
required
by the Part within
one year of
the date when
such wastes
are first placed
into storage.
The provisions
of
subsection
(c)
do
not
apply
to
such
PCB
wastes
prohbited
under
ection 728.132.
103—479

-266—
(Source:
Amended
at
13 Ill.
Reg.
effective
)
Table
A
(CCWE)
Acetone
n—Butyl
Carbon
Carbon
Chlorobenzene
Cresols
(and
cresylic
acid)
Cyclohexanone
1,2—Dichlorobenzene
Ethyl
acetate
Ethylbenzene
Ethyl
ether
Isobutanol
Methanol
Methylene chloride
—Methyl-ene
ehi-eni-de ~fneRthe
phan~naee~ti-cai-i-nd~stny4
Methyl
ethyl
ketone
Methyl
isobutyl
ketone
N
it robenzene
Pyr i d i ne
Tetrachl oroethylene
Toluene
1.12
l,l,l—Trichloroethane
1.05
1,l,2—Trichloro-l,2,2—trifluoroethane
Trichloroethylene
0.062
Trichlorofluoromethane
0.05
Xylene
0.05
9T96-
0.75
0.33
0.125
0.33
0.05
0.33
0.41
1.05
0.091
0.96
0.15
F006 nonwastewaters
(see also Table B)
Concentrati on
(in
mg/L)
Cadmium
0.066
Chromium (Total)
5.2
0.51
Lead
Nickel
0.32
Silver
0.072
Cyanides
(Total)
Reserved
Constituent Concentrations
in Waste Extract
Concentration
(in
mg/L)
FOOl
—-
F005 Spent Solvents
Wastewaters
All
other
containing
spent
spent
solvent
solvents
wastes
alcohol
disulfide
tetrachlori de
0.59
5.0
4.81
0.96
0.05
0.75
0.75
0.125
0.75
0.053
0.75
5.0
0.75
0.96
0.05
5.0
1.05
0.05
0.15
2.82
0.125
0.65
0.05
0.05
0.05
5.0
0.25
0.20
0.05
0.05
0.66
1.12
0.079
0.96
103—480

—267-
FO2O
--
FO23
and
FO26
--
FO28
Dioxin
Containing
Wastes
(Maximum)
Concentration
HxCDD
-—
All
Hexachlorodibenzo-p-dioxins
1
ppb
HxCDF
—-
All
Hexachlorodibenzofurans
1
ppb
PeCDD
-—
All Pentachlorodibenzo—p-dioxins
1
ppb
PeCDF
—-
All Pentachlorodibenzofurans
1 ppb
TCDD
--
All Tetrachlorodibenzo-p-dioxins
1
ppb
TCDF
--
All
Tetrachlorodibenzofurans
1
ppb
2,4,5—Trichlorophenol
0.05 ppm
2,4,6—Trichlorophenol
0.05
ppm
2,3,4,6-Tetrachlorophenol
0.10 ppm
Pentachlorophenol
0.01
ppm
KOOl nonwastewaters
(see also Table B)
Concentration
(in mg/L)
Lead
0.51
K022 nonwastewaters
(see
al so Table
B)
Concentration
(in mg/L)
Chromium
(Total)
5.2
Nickel
0.32
KO46
nonwastewaters
(Nonreactive
Subcategory)
Concentration
(in
mg/L)
Lead
0.18
K048,
KO49,
K050,
K051
and K052 nonwastewaters
(see also Table
B)
Concentration
(in og/L)
Arsenic
0.004
Chromium
(Total
)
1.7
Nickel
0.048
Selenium
0.025
103--481

-268-
KO61 nonwastewaters
(Low Zinc Subcategory-less than 15
total
zinc)
Concentration
(in mg/L)
Cadmium
0.14
Chromium
(Total)
5.2
Lead
0.24
t-~ickel
0.32
KO61
nonwastewaters
(High
Zinc
Subcategory—l5
or
greater
total
zinc)
effective until
8/8/90
Concentration
(in
mg/L)
Cadmium
0.14
Chromium (Total
)
5.2
Lead
0.24
Nickel
0.32
K062
nonwastewaters
Concentration
(in
mg/L)
Chromium (Total)
0.094
Lead
0.37
K071 nonwastewaters
Concentration
(in og/L)
Mercury
0.025
K086 nonwastewaters
(Solvent Washes Subcateyory)
see also Table
B
Concentration
(in
rng/L)
Chromium (Total)
0.094
Lead
0.37
KO87 nonwastewaters
(see also Table
B)
Concentrati on
(in
mg/L)
Lead
0.51
103—
432

-269-
K1O1
and K102 nonwastewaters
(Low Arsenic Subcategory—less than
1
Total
Arsenic)
(see also Table B)
Concentration
(in
mg/L)
Cadmium
0.066
Chromium
(Total)
5.2
Lead
0.51
Nickel
0.32
(Source:
Amended
at
13
Ill.
Reg.
,
effective
Section 728.Table
B
Constituent Concentrations
in Waste
(CCW)
FOOl, FOO2,
FOO3,
FOO4 and FOO5 wastewaters
(Pharmaceutical
Industry)
Concentration
(in
og/L)
Methylene chloride
0.44
F006 nonwastewaters
(see also Table A)
Concentration
(in mg/kg)
Cyanides
(Total)
Reserved
KOOl
nonwastewaters
(see
also
Table
A)
Concentration
(in mg/kg)
Naphthalene
8.0
Pentachlorophenol
37.
Phenanthrene
8.0
Pyrene
7.3
Toluene
0.14
Xylenes
0.16
KOOl wastewaters
Concentrati on
(in og/L)
Naphthalene
0.15
Pentachlorophenol
0.88
Phenanthrene
0.15
Pyrene
0.14
Toluene
0.14
Xylenes
0.16
Lead
0.037
103 483

-270-
KO15 wastewaters
Concentrati on
.(in
mg/L)
Anthracene
1.0
Benzal
chloride
0.28
Benzo
(b
or
k)
fluoranthene
0.29
Phenanthrene
0.27
Toluene
0.15
Chromium
(Total)
0.32
Nickel
0.44
KO16 nonwastewaters
Concentration
(in
mg/kg)
Hexachlorobenzene
28.
Hexachlorobutadiene
5.6
Hexachlorocyclopentadiene
5.6
Hexachloroethane
28.
Tetrachloroethene
6.0
K016 wastewaters
Concentration
(in mg/L)
Hexachlorobenzene
0.033
Hexachlorobutadiene
0.007
Hexachlorocyclopentadiene
0.007
Hexachloroethane
0.033
Tetrachloroethene
0.007
KO18 nonwastewaters
Concentration
(in mg/kg)
Chloroethane
6.0
l,1—Dfchloroethane
6.0
1,2—Dichloroethane
6.0
Hexachlorobenzene
28.
Hexachiorobutadiene
5.6
Hexachloroethane
28.
Pentachloroethane
5.6
l,1,1—Trichloroethane
6.0
193- 4~4

-27
1—
KO18 wastewaters
Concentration
(in
mg/L)
Chloroethane
0.007
Chioromethane
0.007
1,1-Dichloroethane
0.007
1,2-Dichloroethane
0.007
Hexachlorobenzene
0.033
Hexachlorobutadiene
0.007
Pentachloroethane
0.007
l,1,1—Trichloroethane
0.007
K0l9 nonwastewaters
Concentration
(in mg/kg)
Bis(2-chloroethyl)ether
5.6
Chlorobenzene
6.0
Chloroform
6.0
l,2—Dichloroethane
6.0
Hexachloroethane
28.
Naphthalene
5.6
Phenanthrene
5.6
Tetrachloroethene
6.0
1,2,4—Trichlorobenzene
19.
1,l,1—Trichloroethane
6.0
K019 wastewaters
Concentration
(in mg/L)
Bis(2—chloroethyl )ether
0.007
Chlorobenzene
0.006
Chloroform
0.007
p-Dichlorobenzene
0.008
1,2—Dichioroethane
0.007
Fluorene
0.007
Hexachloroethane
0.033
Naphthalene
0.007
Phenanthrene
0.007
172,4,5-Tetrachlorobenzene
0.017
Tetrachloroethene
0.007
1,2,4—Trichlorobenzene
0.023
l,1,l-Trichloroethane
0.007
193--435

—27 2—
KO2O
nonwastewaters
Concentration
(in
mg/kg)
1,2—Dichloroethane
6.0
1,1,2,2—Tetrachloroethane
5.6 Tetrachloroethene
6.0
KO2O wastewaters
Concentration
(in
mg/L)
l,2-Dichloroethane
0.007
l,1,2,2—Tetrachloroethane
0.007
Tetrachloroethene
0.007
KO22 nonwastewaters
(see also Table A)
Concentration
(in
mg/kg)
Acetophenone
19.
Sum of Diphenylamine and Diphenylnitrosamine
13.
Phenol
12.
Toluene
0.034
KO24 nonwastewaters
Concentration
(in mg/kg)
Phthalic acid
28.
K024 wastewaters
Concentration
(in
og/L)
Phthalic acid
0.54
KO3O nonwastewaters
Concentrati on
(in mg/kg)
Hexachlorobutadiene
5.6
Hexachloroethane
28.
Hexachloropropene
19.
Pentachlorobenzene
28.
Pentachloroethane
5.6
1,2,4,5-Tetrachlorobenzene
14.
Tetrachloroethene
6.0
l,2,4-Trichlorobenzene
19.
103—436

—27 3—
KO3O
wastewaters
Concentration
(in mg/L)
o-Dichlorobenzene
0.008
p-Dichlorobenzene
0.008
Hexachlorobutadiene
0.007
Hexachloroethane
0.033
Pentachloroethane
0.007
1,2,4, 5-Tetrachlorobenzene
0.017
Tetrachloroethene
0.007
l,2,4—Trichlorobenzene
0.023
K037 nonwastewaters
Concentration
(in
mg/kg)
Disulfoton
0.1
Toluene
28.
K037 wastewaters
Concentration
(in mg/L)
Disulfoton
0.003
Toluene
0.028
K048 nonwastewaters
(see also Table A)
Concentration
(in
mg/kg)
Benzene
9.5
Benzo(a)pyrene
0.84
Bis(2-ethylhexyl)phthalate
37.
Chrysene
2.2
Di—n-butyl phthalate
4.2
Ethylbenzene
67.
Naphthalene
Reserved
Phenanthrene
7.7
Phenol
2.7
Pyrene
2.0
Toluene
9.5
Xylenes
Reserved
Cyanides
(Total)
1.8
103—487

-274-
KO48 wastewaters
Benzene
Benzo(a)pyrene
Bis(2-ethylhexyl )phthalate
Chrysene
Di—n-butyl
phthalate
Ethyl
benzene
Fluorene
Naphthalene
Phenanthrene
Phenol
Pyre ne
Tol uene
Xylenes
Chromium (Total)
Lead
Concentration
0.011
0.04 7
0.043
0.043
0.060
0.011
0.050
0.033
0.039
0.047
0.045
0.011
0.011
0.20
0.37
(in
mg/L)
K049 nonwastewaters
(see also Table A)
Anthracene
Benzene
B en zo (a
py rene
Bis(2—ethylhexyl )phthalate
Chrysene
-
Ethylbenzene
Naphthal ene
Phen anth rene
Phenol
Pyrene
Tol
uene
Xylenes
Cyanides
(Total)
Concentration
6.2
9.5
0.84
37.
2.2
67.
T~served)
7.7
2.7
2.0
9.5
Reserved
1.8
(in mg/kg)
KO49 wastewaters
Anthracene
Ben zene
B en zo
a)pyrene
Bis(2—ethylhexyl )phthalate
Carbon disulfide
Ch rysene
2,4-Dimethyl phenol
Ethylbenzene
Concentration
0.039
0.011
0.047
0.043
0.011
0.043
0.033
0.011
0.033
0.039
(in mg/L)
Naphthalene
Phenanth rene
103--438

—27
5—
Phenol
0.047
P~~ene
0.045
Toluene
0.011
Xylenes
0.011
Chromium
(Total)
0.20
Lead
0.037
KO5O nonwastewaters ~seealso Table A)
Concentration
(in mg/kg)
Benzo(a)pyrene
0.84
Phenol
2.7
Cyanides
(Total)
1.8
K050 wastewaters
Concentration
(in mg/L)
Benzo(a)pyrene
0.047
Phenol
0.047
Chromium
(Total)
0.20
Lead
0.037
K051 nonwastewaters
(see also Table
A)
Concentration
(in mg/kg)
Anthracene
6.2
Benzene
9.5
Benzo~a~anthracene
1.4
Benzo(a)pyrene
0.84
Bis~—ethylhexyl)phthalate
37.
Chrysene
2.2
Di—n--butyl
phthalate
4.2
Ethylbenzene
67.
Naphthalene
Reserved
Phenanthrene
7.7
Phenol
2.7
Pyrene
2.0
Toluene
9.5
Xylenes
Reserved
Cyanides
(Total)
1.8
K05l wastewaters
Concentration
(in mg/L)
Acenaphthene
0.050
Anthracene
0.039
103-
4R0

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Ct)
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C)
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DCDDC~C)DCDC~~C)
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-277—
K062
wastewaters
Concentration
(in
trtglL)
Chromium (Totafl
0.32
Lead
0.04
Nickel
0.44
K071
wastewaters
Concentration
(in
mg/L)
Mercury
0.030
K086 nonwastewaters—Solvent Washes Subcategory
(see also Table A)
Concentration
(in mg/kg)
Acetone
0.37
bis(2-ethyThexyl) phthalate
0.49
n-Butyl
alcohol
0.37
Cyclohexanone
0.49
1,2-Dichlorobenzene
0.49
Ethyl
acetate
0.37
Ethyl
benzene
0.031
Methanol
0.37
Methylene chloride
0.037
Methyl
ethyl
ketone
0.37
Methyl
isobutyl
ketone
0.37
Naphthalene
0.49
Mitrobenzene
0.49
To~uene
0.031
1,1,1,-Trichioroethane
0.044
Trich1oroethy~ene
0.031
Xylenes
0.015
K086 wastewaters—Solvent Washes
Subcategory
Conceritration
(in
rng/L)
Acetone
0.015
bis(2-ethylhexyl )phthalate
0.044
n-Butyl
alcohol
0.031
Cyclohexanone
0.022
1,2-Dichlorobenzene
0.044
Ethyl
acetate
0.031
Ethyl
benzene
0.015
Methanol
0.031
Methylene chloride
0.031
Methyl
ethyl
ketone
0.031
Methyl
isobutyl
ketone
0.031
1’)3-~-491

-278-
Naphthalene
0.044
Nitrobenzene
0.044
Toluene
0.029
1,1,1,-Trichioroethane
0.031
Trichioroethylene
0.029
X~1enes
0.015
Chromium (Total)
0.32
Lead
0.037
K087 nonwastewaters
(see a’so Table A)
Concentration
(in mg/kg)
Acenaphthalene
3.4
Benzene
0.071
Chrysene
3.4
Fluoranthene
3.4
lndeno(1,2,3—cd)pyrene
3.4
Naphthalene
3.4
Phenanthrene
3.4
Toluene
0.65
Xylenes
0.070
K087 wastewaters
Concent ration
(in
mg/L)
Acenaphthalene
0.028
Benzene
0.014
Chrysene
0.028
Fluoranthene
0.028
Indeno
(1,2,3—cd)
pyrene
0.028
Naphthalerie
0.028
Phenanthrene
0.028
Toluene
0.008
Xylenes
0.014
Lead
0.037
K099 nonwastewaters
Concentration
(in
mg/kg)
2,4—Dichiorophenoxyacetic
acid
1.0
Hexachlorodibenzo-p-dioxi ns
0.001
Hexachlorodibenzofurans
0.001
Pentachiorodibenzo-p—dioxins
0.001
Pentachlorodibenzofurans
0.001
Tetrachlorodibenzo-p--dioxins
0.001
Tetrachlorodibenzofurans
0.001
103--492

-27 9-
K099 wastewaters
Concentration
(in mg/L)
2,4-Dichiorophenoxyacetic acid
1.0
Hexachiorodibenzo-p-dioxins
0.001
Hexachlorodibenzofurans
0.001
Pentachlorodiberizo—p—di oxins
0.001
PentachIorodibenzofurans
0.001
Tetrachi
orodi
benzo-p—d I oxi ns
0.001
Tetrachlorodibenzofurans
0.001
KiOl nonwastewaters
(Low Arsenic Subcateyory-~ess than 1
total
arsenic)
(see
also Table A)
Concentrati on
(in mg/kg)
ortho—Nitroanilme
14.
KiOl wastewaters
Concentration
(in mg/L)
ortho—Nitroaniline
0.27
Arsenic
2.0
Cadmium
0.24
Lead
0.11
Mercury
0.027
K102
noriwastewaters
(Low
Arsenic Sub~9ory-1ess
than 1
total
arsenic)
Concentration
(in my/ky)
ortho-Nitrophenol
13.
K102 wastewaters
Concentration
(in
rng/L)
ortho-~itropheno1
0.028
Arsenic
2.0
Cadmium
0.24
Lead
0.11
Mercury
0.027
1 ()3
—493

-280-
K103 nonwastewaters
Aniline
Benzene
2 ,4-Di nitrophenol
N itrobenzene
Phenol
Concentrati on
5.6
6.0
5.6
5.6
5.6
(in mg/kg)
K103
wastewaters
Aniline
Benzene
2,4-Dinitrophenol
N
itrobenzene
Phenol
Concentration
4.5
0.15
0.61
0.073
1.4
(in
mg/L)
K104 rionwastewaters
Aniline
Benzene
2,4—Dinitrophenol
Ni trobenzene
Phenol
Cyanides jiotal)
Concentration
5.6
6.0
5.6
5.6
5.6
1.8
(in
mg/kg)
K104
wastewaters
Anil me
Benzene
2,4—Din itropheno
Ni trobenzene
Phenol
Cyanides
(Total)
Concentration
4.5
0.15
0.61
0.073
1.4
2.7
(in
mg/L)
No Land Disposal
for:
K004 Nonwastewaters
K008 Monwastewaters
K015
Nonwastewaters
K021 Nonwastewaters
K025 Noriwastewaters
K036 Monwastewaters
Based
on No
Based
on No
Based
on No
Based
on No
Based
on
No
Based
on No
Generati
on
Generation
As
hi
Generation
Generation
Generation
1r,3~~494

-28 1-
K044
Based
on
____________
K045
Based
on
____________
K047
Based
on
____________
K060 Monwastewaters
Based
on
K061 Nonwastewaters—High Zinc Subcategor
(greater than or equal
to
15
total
zinc
_________________________________
8/8/90
K069 Nonwastewaters—Non—Calcium Sulfate Subcategory
_____________________
K083 Nonwastewaters—No Ash Subcategory
(less
than 0.01
total
ash)
(Based
on Mo Ash)
K100 Nanwaste~taters
(Based
on No Generation)
(Source:
Added
at
13 Hi.
Reg.
,
effective
Appendix A
Toxicity Characteristic Leaching Procedure
(TCLP)
The Board
incorporates
by reference 40 CFR
268, Appendix
‘~T
as
adepte~at
S~
~edTReg~4Q~36~
~4eve~ibe~
‘~
~98~aAd ~
at ~2
~edr
Re~~
2~91O~
~hn~e
4T
~98~—(1988).
This incorporation
includes
no future editions or amendments.
(Source:
Amended at
13 Iii. Reg.
,
effective
Append’ix
B
Treatment Standards
(As concentrations
in the Treatment Residual
Extract)
The
Board
incorporates
by reference 40 CFR 268—i AppeR~kI.I~as adopted
at S~
~e~rReST 4963~
~4ove~e~
~
1986—
(1988).
This incorporation includes no
future
editions or amendments.
(Source:
Amended
at
13 111.
Reg.
,
effective
IT
IS
SO
ORDERED
I, Dorothy M.
Gunn,
Clerk
of the flhinois Pollution Contrp-l
Board,
hereby
certify that
the above Order was adopted
on the/3m
day of
~
1989,
by
a vote of
7~O
Dorothy H. Gu~~
Clerk
Illinois Po11~utionControl
Board
Reacti vit~yJ
Reacti vity
Reacti vity
No
Generation)
~~sed on Recycling): effective
(Based
on Recycling)
103--425

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