ILLINOIS POLLUTION CONTROL BOARD

October

15, 1987

IN THE MATTER OF:

RC~ UPDATE,

USEPA REGULATIONS

)

R87—5

(10—1—86 THROUGH 12—31—86)

FINAL

ORDER.

ADOPTED

RULE.

ORDER OF ~1HEBOARD

(by

3. Andcrson~:

On Nay 14, 1987,

the Board proposed

to amend

the RCRA

regulations

in

this Docket.

On July

16,

1987,

the Board withdrew

the proposal

and substituted

a new Proposed Opinion

and Order

which included corrections

to USEPA regulations

which appeared

on

June

4,

1987.

The proposed regulations appeared

on August

14,

l9E~, at

11

Ill.

Reg.

13199.

The Board has received public

comment

as

is detailed

in

the Opinion.

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 t~identica1

in substance”

to federal

regulations;

Section

22.4(a)

provides

that Title VII

of the Act

and Section

5

of

the Administrative

Procedure Act shall

not apply.

Because

this

rulemaking

is not

subject

to Section

5

of

the Administrative Procedure Act,

it

is

not subject

to first notice

or

to second notice review by

the

Joint Committee

on Administrative

Rules

(JCAR).

The

federal RCRA

regulations are found

at

40 OFR 260 through

270,

and

280.

This

rulemaking

updates Illinois’

RCRA regulations

to correspond

with

federal amendments during

the period October

1

through December

3,

1986,

together with

corrections appearing

on June

4,

1987.

The Board hereby adopts the regulatory amendments which

follow.

The Board

will

withhold

filing

of these regulations

until

after November

6,

1987,

to allow time

for final

review and

motions

for reconsideration by the agencies

involved

in the

authorization process.

The

Board

has adopted

a supporting

Opinion

this

same day.

82—405

---

—2—

Section

702.101

702.102

702.

102

702.104

702.105

702.106

702.107

702.108

702.109

702.110

Applicability

Purpose

and Scope

Confidentiality

References

Rulemaking

Agency Criteria

Permit Appeals

Variances

Enforcement

Definitions

Section

702.120

702. 121

702.122

702. 123

702.124

702. 125

702.126

Section

702.

140

702.141

702.142

702.143

702.144

702.145

702. 146

702.. 147

702.148

702.149

702. 150

702. 151

702.152

702.160

702. 161

702.162

702.163

702.164

Section

Permit

Application

~ho

Applies

Completeness

Information

Requirements

Recordkeeping

Continuation

of Expiring Permits

Signatories

to Permit Applications

and Reports

SUBPART

C:

PERMIT CONDITICNS

Conditions Applicable

to all Permits

Duty

to Comply

Duty to Reapply

Need

to Halt

or Reduce Activity Not

a Defense

Duty to Mitigate

Proper Operation

and Maintenance

Permit Actions

Property

Rights

Duty

to Provide

Information

Inspection

and Entry

Monitoring and Records

Signatory Requirements

Reporting Requirements

Establishing Permit Conditions

Duration

of Permits

Schedules

of Compliance

Alternative Schedules of Compliance

Recording

and Reporting

SUBPART

D:

ISSUED PERMITS

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WASTE DISPCSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

b:

PERMITS

PART 702

RCRA AND UIC PERMIT PRCGRAMS

SUBPART

A:

GENERAL PROVISIONS

SUBPART

B:

PERMIT

APPLICATICNS

82—406

---

—~—

702.181

Effect of

a Permit

702.162

Transfer

702.183

Modification

702.184

Causes

for Modification

702.165

Facility Siting

702.186

Revocation

702.187

Minor

Modifications

AUTHORII~’:

Implementing Section

13

and 22.4

and authorized

by

Section

27

of the Environmental Protection Act (Ill.

Rev.

Stat.

1985,

oh.

111

1/2,

pars.

1013,

1022.4 and 1027).

SOURCE:

Adopted

in P81—32,

47 PCB

93,

at

6

Ill.

Peg.

12479,

effective

as noted

in

35

Ill.

Adm.

Code 700.106; amended

in P82—

19

at at,

53 PCE

131,

7

Ill.

Peg.

14352,

effective

as noted

in

35

Ill.

Adm.

Code 700.106; amended

in

P84—9

at

9

Ill.

Peg.

11926,

effective July

24,

1925; amended

in P85—23 at

10

Ill.

Beg.

13274,

effective July

29,

1986;

amended

in P86—1

at

10

Ill.

Peg.

14083,

effective August 12,

1986; amended

in R86—28 at

11

Ill.

Reg.

6131,

effective March

24,

1987;

amended

in P87—5 at

1

Ill.

Peg.

,

effective

SUBPART

D:

ISSUED PERMITS

Section

702.187

Minor Modifications

Upon

the consent of

the perrnittee,

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.

Adrr. Code

705.

Any permit modification

not

processed

as

a minor

modification

under

this Secticn must

be made

for cause and with

a

35

111.

Adm.

Code 705 draft permit

and

public notice as required

in Sections 702.182 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)

For RCRA only:

that

a written agreement containing

a

specific date

for transfer

of permit

responsibility between the current

and new

permittees has

been submitted

to the Agency.

82—407

---

—4—

Changes

in

the ownership or operational control

of

a facility may

be made only

if

the owner

or

operator submits

a revised

permit application no

later than

90 days prior

to the scheduled change.

When

a transfer

of ownership or

operational control

cf

a facility 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

to the

Agency

that the new owner

or operator

is complying

with the requirerents of that Subpart.

The new

owner

or

operator shall demonstrate

compliance with

the financial

assurance requirements within

six

months after

the date

of

the change

in the

ownership

or operational control

of

the facility.

Upon demonstration

to the Agency by the new owner

or operator

of compliance with

the financial

assurance

requirements,

the Agency shall notify

the

old owner

or operator

in writing that

the old owner

or operator

no longer

needs

to comply with

35

Ill.

Adm.

Code 724.Subpart

H as

of the date

of

the

demonstration.

2)

For UIC only:

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)

For RCRA on1~’:

1)

Change the

lists of facility emergency coordinators

or equipment

in the permit’s contingency plan;

or

2)

Minor

changes

to closure plans.

A)

Change estimates

of maximum inventory under

35

Ill.

Adm.

Code

724.2l2(a)(2);

B)

Change estimates

of expected year

of closure

or

schedules

for final

closure

under

35 Ill.

Adm.

Code 724.212(a)(4);

or

C)

Approve

periods longer

than 90 days

or 180

days under

25

Ill.

Adm.

Code 724.213(a)

and

(b).

3)

Change the ranges

of

the operating

requirements set

in the permit

to

reflect the results of the trial

burn, provided that

the change

is minor.

4)

Change the operating requirements set in

the permit

for conducting

a trial

burn, provided that the

change

is minor.

82—408

---

—

rz_

5)

Grant

one extension of

the time

period for

determinating operational

readiness

following

completion

of construction,

for

up

to 720 hours

operating

time

for treatment of hazardous waste.

6)

Change the treatment program requirements

for land

treatment

units under

35

Ill.

Adm.

Code 724.371

to

improve treatment of hazardous constituents,

provided that

the change

is minor.

7)

Change any conditions specified

in

the permit

for

land

treatment units

to reflect

the results

of

field

tests

or laboratory analyses

used

in making

a

treatment demonstration

in accordance with

35

Ill.

Adm.

Code

703.230, provided that

the change

is

minor.

8)

Allow

a second treatment demonstration for

land

treatment

to be conducted when the results of the

first demonstration have not shown

the conditions

under which

the waste

or wastes can

be treated

completely as

required by

35

Ill.

Adni.

Code

724.372(a), provided the conditions

for the second

demonstration are substantially the same

as the

conditions

for the first demonstration.

9)

Allow treatment

of hazardous wastes not previously

specified

in

the permit

if:

A’)

The hazardous waste has been prohibited

from

one

or more methods of land disposal under

35

Ill.

Adm.

Code 728.Subpart

C, and treatment

standards have been established

under

35

Ill.

Adm.

Code 728.Subpart D

B)

Treatment

is

in accordance with the standards

established

under

35

111.

Adm.

Code 728.141,

or adjusted standards established under

35

Ill.

Adni.

Code 728.144

C)

Handling

and treatment

of the restricted

wastes will

not present

risks substantially

different from those

of wastes listed

in the

permit;

and

D)

The Agency approves the minor modification.

The Agency shall not approve changes

to the

permit except

for

the addition of

new waste

codes

and administrative

or

technical

changes

necessary to handle new wastes.

The Agency

shall

not approve changes

in treatment

processes

or physical

equipment under

this

subsection.

82—409

---

—6—

f)

For UIC only:

1)

Change quantities

or

types

of

fluids injected which

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.

Adrn.

Code

704.182

(establishing UIC permit conditions)

,

provided

that

any such alteration

shall

comply with the

requirements

of this —p—Part and

35

Ill.

Adm.

Code

704

and

730.

3)

Amend

a plugging and abandonment plan which

has

been updated under

35

Ill.

Adin.

Code 704.181(e).

(Board Note:

See

40 CFR 144.41 and 270.42

(1986),

as amended at

51

Fed.

Peg. 40636, November

7,

1986).

(Source:

Amended

at

11

Ill.

Peg.

effective

82—410

---

—7—

TITLE

35:

ENVIRCNMENTAL PROTECTiON

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

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

703.110

References

SUBPART

B:

PROHIBITIONS

Section

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 ~aste

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 Qualifications

703.151

Application

by New HWM Facilities

703.152

Amended Part A Application

703.153

Qualifying

for Interim Status

703.154

Prohibitions During Interim Status

703.155

Changes During

Interim Status

703.156

Interim Status Standards

703.157

Grounds for Termination

of Interim Status

703.158

Permits for Less Than

an Entire Facility

SUBPART

D:

APPLICATIONS

Section

703.180

Applications

in General

703.181

Contents of Part A

703.182

Contents

of Part

B

703.183

General Information

703.184

Facility Location Information

703.185

Groundwater

Protection Information

703.186

Exposure Information

703.200

Specific Information

703.201

Containers

703.202

Tank Systems

703.203

Surface Impoundments

703.204

Waste Piles

82—411

---

—8—

703.2O~5 Ir~cinerators

703.206

Land Treatment

703.207

Landfills

SUBPART

E:

SHORT TERM AND PHASED PERMITS

Section

703.221

Emergency Permits

703.222

Inc4nerator Conditions Prior

to Trial Burn

703.223

Incinerator Conditions During Trial Burn

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

Section

703.241

Establishing Permit Con~ditiens

703.242

Nonccmpliance Pursuant to Emergency Permit

703.243

Monitoring

703.244

Notice of Planned Changes

703.245

Release

or Discharge Reports

703.246

Reporting Requirements

AUTHORITY:

Implementing Section

22.4 and authorized

by Section

27

of

the Environmental Protection Act

(Ill.

Rev.

Stat.

1985,

oh.

111

1/2,

pars.

1022.4

and 1027).

SOURCE:

Adopted

in P82—19,

53 PCB 131,

at

7

Ill.

Peg.

14289,

effective October

12,

1923;

amended

in P83—24

at

8

Ill.

Peg

206,

effective December

27,

1983; amended

in R84—9

at

9

Ill. Peg.

11899, effective July 24,

1985;

amended

in P85—23

at

10

Ill.

Reg.

13284,

effective July

29, 1986;

amended

in P86—1 at

10

Ill.

Peg.

14093,

effective August

12,

1986;

amended

in R86—l9

at

10 Ill.

Peg.

20702,

effective December

2,

1986; amended

in R86—28 at

11

Ill.

Reg.

6121, effective March

24, 1987;

amended

in P86—46 at

11

Ill.

Peg.

13543, effective August

4,

1987;

amended

in P87—S at

11

Ill.

Peg.

,

effective

SUBPART

D:

APPLICATIONS

Section 703.183

General Information

The following information

is required

in the Part

B application

for all HWM facilities, except

as

35

Ill.

Adni.

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 shall

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;

82—412

---

—0—

c)

A copy of

the waste analysis plan required by

35

Ill.

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

111.

Adm. Code 724.114,

or

a

justification demonstrating the reasons for requesting

a

waiver of this

requirement;

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, 724.293(i),

724.295,

724.326, 724.354, 724.373

and 724.403;

f)

A justification of

any request

for

a waiver—~-s~—of the

preparedness

and prevention requirements

of

35

Ill.

Admn.

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);

1)

A description

of precautions to prevent accidental

ignition

or

reaction

of

ignitable,

reactive

or

incompatible wastes as required

to demonstrate

compliance with

35

Ill.

Adni.

Code 724.117

including

documentation demonstrating compliance

with

35

111.

Adm.

Code 724.117(c);

j)

Traffic pattern,

estimated volume

(number,

types

of

82—413

---

-10-

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;

1)

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.

Adin.

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

plan

required by

35

Ill.

Adm.

Code 724.212,

724.218 and 724.297.

Include where applicable,

as part

of

the plans,

specific requirements

in

35

Ill.

Adni.

Code

724.278, 724.297, 724.328, 724.358, 724.380, 724.410

and

724.451;

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.

Adrn.

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

Ill.

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

B;

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.

Admn.

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

82—414

---

—11—

treatment,

storage

or

disposal.

A request

for

an

alternative level

of required coverage,

for

a new or

existing facility, may

be submitted

as specified

in

35

Ill.

Adm.

Code 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

should

use

larger contour intervals

to adequately show

topographic profiles of

facilities.

The map

shall

clearly show

the following:

1)

Map scale

and date;

2)

100—year floodplain

area;

3)

Surface waters including

intermittent streams;

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;

B)

Access control

(fences, gates);

9)

Injection

and withdrawal wells

both on—site

and

off—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

facility site, where hazardous waste

is

(or will

be) treated, stored

or disposed

(include equipment

cleanup areas);

82—415

---

—i~ ~,3—

(Board Note:

For large HWM facilities,

the Agency

will

allow

the use

of other

scales

on

a case

by

case basis.)

t)

Applicants may be required

to submit

such information

as

may

be necessary

to enable the Agency

to determine

whether

a permit should

be issued 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

111.

Adni.

Code

728.105,

or

if

a pe:ition has

beer.

approved under

35

Ill.

Adri-.

Cede 720.106,

a copy

of the notice of approval

of

the extens~cnor

of

approval

of

the petition

is

required.

(Board Note:

See

40 CFR 270.14(b)(1906),

as amended

at

51

Fed.

Peg.

25471,

July

14, 1986,

and

at

51

Fed.

Peg.

40636, November

7,

1906.)

(Source:

Amended at

11

111.

Peg.

effective

SUBPAET

F:

PERMIT CONCIIIONS

Section

703.241

Establishing

Permit Conditions

a)

General

conditions:

1)

In additicn to

the conditions established

under

35

Ill..

Adrr.

Code

702.160(a),

each

RCRA

permit

shall

include permit conditions necessary

to achieve

compliance with each

of the applicable

requirements

specified

in

35

111.

Adm.

Code

724 and

726 through

726.

In satisfying

this provision,

the Agency may

incorporate

applicable

requirements

of

35

Ill.

Adni.

Code

724 and 726

through

728 directly

into

the

permit

or

establish other

permit conditions

that

are based

on those Parts;

2)

Each RCRA permit issued under Section

39(d)

of

the

Environmental Protection Act shall

contain

terms

and conditions which

the Agency determines

are

necessary

to protect human health and the

environment.

(Board Note:

See

40 CFR

270.32(b)

(1986),

as

amended

at

51

Fed.

Peg.

40636, November

7,

1986.)

b)

The conditions specified

in

the following Sections,

in

addition

to those

set

forth

in

35

Ill.

Adyr.

Code 702.140

through

702.152,

apply

to

all

RCRA

permits.

82—416

---

~1

TITLE

35:

ENVIRCNMENTAL. PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

c:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

720

HAZARDCUS 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 Genãer

SUBPART

B:

DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART

C:

RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720.130

Procedures

for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures

for Determinations

720.140

Additional

regulation of certain hazardous waste

Recycling Activities

on

a case—by—case Basis

720.141

Procedures

for case—by—case regulation

of hazardous

waste Recycling Activities

Appendix A Overview

of

40

CFR,

Subtitle

C Regulations

AUTHORITY:

Implementing Section

22.4 and authorized

by Section

27

of the Environmental Protection Act

(Ill.

Rev.

Stat.

1985,

oh.

111

1/2,

pars.

1022.4

and

1027).

SOURCE:

Adopted

in P81—22,

43 PCB 427,

at

5

Ill.

Peg.

9781,

effective

as noted

in

35

Ill.

Adm.

Code 700.106; amended

and

codified

in

P81—22,

45 PCB

317,

at

6

Ill.

Peg.

4828,

effective as

noted

in

35

Ill.

Adm.

Code

700.106; amended

in P82—19

at

7

Ill.

Peg.

14015, effective Oct.

12,

1983;

amended

in P84—9,

53 PCB 131

at

9

Ill.

Peg.

11819, effective July

24, 1985;

amended

in P85—22

at

10

Ill.

Beg.

968,

effective January

2,

1986;

amended

in R86—l

at

10

Ill.

Peg.

13998,

effective August

12,

1986;

amended

in R86—

19

at

10

Ill.

Peg.

20630, effective December

2,

1986; amended

in

P86—28

at

11

Ill.

Reg.

6017,

effective March

24,

1987;

amended

in

P86—46 at

11

Ill.

Peg.

13435, effective August

4,

1987;

amended

in

P87—5

at

11

Ill.

Peg.

,

effective

SUBPART

A:

GENERAL

82—417

---

-15-

Section 720.101

Purpose, Scope

and Applicability

a)

This Part provides definitions

of terms,

general

standards and overview information

applicable

to —Paf~s

—

~—35

Ill.

Adm.

Code

720 through 725 and 728.

b)

In

this Part:

—~-

Pese~e~—

2)

Section 720.103 establishes

rules

of grammatical

construction

for —Pa~s ~

—

~5—35

Ill.

Adm.

Code

720 through

725 and 728.

3)

Section 720.110 defines

terms which

are used

in

—Pa~s ~

—

~25—35

Ill.

Adm.

Code

720 through

725

and

728.

—4)-

Pese~e~

5~-

Pese~’e~

6+

Resefve4—

(Source:

Amended

at

11

Ill.

Peg.

effective

Section 720.103

Use

of Number

and Gender

As used

in —Pa~s ~

—

~5—35

Ill.

Adrn.

Code

720 through

725 and

728:

a)

Words

in the masculine gender

also include the feminine

and neuter genders;

b)

Words

in

the singular include

the plural;

and

C)

Words

in the plural

include

the

singular.

(Source:

Amended

at

11

Ill.

Peg.

effective

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

82—4 18

---

—16—

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 his designee.

“Agency” means

the Illinois Environmental Protection

Agency.

“Ancillary

equipment”

means any device including,

but

not limited

to,

such devices

as piping,

fittings,

flanges, valves and pumps,

that

is used

to distribute,

meter

or control

the flow

of

hazardous waste from its

point

of generation

to storage or treatment

tank(s),

between hazardous waste storage and treatment tanks

to

a

point of disposal

onsite,

or

to

a point

of shipment for

disposal off—site.

“Aquifer” means

a geologic formation, group

of

formations

or

part of

a formation capable of yielding

a

significant amount of groundwater

to wells

or

springs.

“Authorized representative” means

the person responsible

for

the

overall operation

of

a

facility

or

an

operational unit

(i.e.,

part

of

a facility),

e.g.,

the

plant manager, superintendent

or person

of equivalent

responsibility.

“Board” means

the Illinois Pollution Control Board.

“Boiler” means

an enclosed device

using

controlled flame

combustion

and having

the following characteristics:

The unit must have physical provisions

for

recovering

and exporting thermal energy

in the form

of steam,

heated fluids or heated gases;

and

the

unit’s combustion chamber

and primary energy

recovery section(s)

must

be

of

integral design.

To

be

of

integral design,

the combustion chamber

and

the primary energy recovery section(s)

(such

as

82—419

---

-17—

waterwalls

and superheaters) must be physically

formed into one manufactured

or assembled

unit.

A

unit

in which

the combustion chamber and

the

primary energy recovery section(s)

are joined only

by ducts

or

connections carrying flue gas

is not

integrally designed;

however,

secondary energy

recovery equipment

(such

as economizers or

air

preheaters)

need not

be physically formed into the

same unit

as

the combustion chamber

and the primary

energy recovery section.

The following units

are

not precluded

from being

boilers solely because

they are not

of integral

design:

process

heaters

(units that

transfer energy directly

to

a process

stream),

and fluidized bed combustion

units;

and

While

in operation,

the

unit must maintain

a

thermal

energy recovery efficiency of

at least

60

percent, calculated

in terms

of

the recovered

energy compared with the thermal value

of the fuel;

and

The unit must export and utilize

at least

75

percent

of

the recovered energy,

calculated on

an

annual basis.

In this calculation,

no credit shall

be given

for recovered heat

used

internally

in the

same unit.

(Examples

of

internal use

are the

preheating

of

fuel

or combustion

air,

and the

driving

of induced

or forced draft

fans

or

feedwater pumpS)

;

or

The unit

is one which

the

Board has determined,

on

a case—by—case

basis,

to be

a boiler,

after

considering

the standards

in Section 720.132.

“Certification” means

a statement

of professional

opinion

based

upon

knowledge and belief.

“Closed Portion” means

that portion of

a facility which

an

owner

or operator has closed

in accordance

with the

approved facility closure plan

and

all applicable

closure requirements.

(See also “active portion” and

“inactive

portion”.)

“Component” means either the tank

or

ancillary equipment

of

a

tank system.

“Confined

aquifer” means

an aquifer bounded above

and

below by

impermeable beds

or

by

beds of distinctly lower

permeability

than

that

of

the aquifer

itself;

an

aquifer

containing

confined groundwater.

“Container” means

any portable device in which

a

material

is

stored,

transported,

treated, disposed of

or

otherwise handled.

82-420

---

-18-

“Contingency plan” means

a document setting out an

organized, planned

and coordinated course of action

to

be followed

in case

of

a fire,

explosion

or

release of

hazardous waste

or hazardous

waste constituents which

could

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

(NACE)

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 received

an EPA

permit

(or

a facility with

interim status)

in accordance

with

the requirements

of

40 CFR

270 and 124

or

a permit

from

a state authorized

in accordance

with

40 CFR 271,

or

that

is regulated under

40 CFR 261.6(c)(2)

or

40 CFR

266.Subpart

F or

35

Ill.

Adm.

Code 721.l06(c)(2)

or

726.Subpart

F and 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.

“Disposal”

means

the discharge,

deposit, injection,

dumping, spilling,

leaking

or placing of any solid waste

or hazardous waste

into or

on any land or water

so

that

such solid waste

or hazardous waste

or any constituent

thereof may enter

the environment

or

be emitted

into the

air

or discharged

into

any waters, including

groundwaters.

“Disposal

facility” means

a facility or part

of

a

facility

at which hazardous waste

is

intentionally

placed

into or

on any land

or water

and

at which waste

82—42 1

---

—19—

will remain

after

closure.

“Elementary neutralization

unit” means

a device which:

ls used

for neutralizing wastes which are hazardous

wastes only because they exhibit

the corrosivity

characteristic defined

in

35

Ill. Adm.

Code 721.122

or

are listed

in

35

Ill.

Adm.

Code 72l.Subpart

D

only

for

this reason;

and

Meets

the definition

of

tank,

container,

transport

vehicle

or vessel

in Section 720.110.

“EPA” means United States Environmental Protection

Agency.

“EPA hazardous waste

number” means

the

number assigned

by EPA to each hazardous waste listed

in

35

Ill.

Adm.

Code 72l.Subpart

D and

to each characteristic

identified

in

35 Ill.

Adm.

Code 72l.Eubpart

C.

“EPA identification number” means

the number assigned by

USEPA pursuant

to

35

Ill.

Adm.

Code

722 through

725

to

each generator,

transporter

and treatment,

storage or

disposal

facility.

“EPA region” means

the

states and territories

found

in

any one

of

the following

ten regions:

Region

I:

Maine, Vermont, New Hampshire,

Massachusetts,

Connecticut

and Rhode Island

Region

II:

New York,

New Jersey,

Commonwealth

of

Puerto Rico

and the U.S.

\?irgin 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,

82—422

---

—20—

Guam, American Samoa

and Commonwealth

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

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.

lnstallation 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.

82—423

---

—21-

A facility may 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 the facility unless

subject

to the provisions

of

35

Ill.

Adm.

Code 722.134.

“Federal agency” means

any department,

agency

or

other

instrumentality

of the

fedoral government,

any

independent agency

or

establishment

of

the

federal

government

including

any government

corporation and

the

Government Printing Office.

“Federal,

state

and local approvals

or permits

necessary

to begin physical construction” means permits

and

approvals required under

federal,

state

or

local

hazardous waste control

statutes,

regulations

or

ordinances.

“Food—chain crops” means tobacco, crops grown for human

consumption and crops

grown

for

feed

for

animals whose

products are consumed

by humans.

“Freeboard” means

the vertical distance between

the top

of

a tank

or surface

impoundment dike and the surface

of

the waste

contained therein.

“Free liquids” means

liquids which

readily separate

from

the

solid portion

of

a waste

under ambient temperature

and pressure.

“Generator” means

any person,

by site, whose

act

or

process produce hazardous waste identified

or

listed

in

35

Ill.

Adjn.

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.

Adrn.

Code 721.103.

“Hazardous waste

constituent” means

a constituent which

caused the hazardous waste

to

be

listed

in

35

Ill. Adm.

Code 72l.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

82—424

---

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 usinc controlled

flame combustion which

is neither

a “boiler”

nor

an

“industrial

furnace”.

“Incompatible waste” means

a hazardous waste which

is

suitable for:

Placement

in

a particular

device or facility

because

it may cause

corrosion

or decay

of

containment materials

(e.g.,

container

inner liners

or

tank walls);

or

Commingling with

another waste

or material

under

uncontrolled conditions because

the commingling

might produce

heat

or pressure,

fire

or explosion,

violent reaction,

toxic dusts, mists,

fumes

or

gases or flammable

fumes

or gases.

(See

35

Ill.

Adm.

Code 725.Appendix

E for

examples.

“Industrial

furnace” means

any

of the following

enclosed

devices

that are integral components

of manufacturing

processes and that use controlled

flame devices

to

accomplish recovery

of materials

or energy:

Cement 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

82—425

---

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

sources

of hazardous waste but

is

considered

a single

or

individual generation

site

if

the

site

or

property

is

contiguous.

“Inground

tank” means

a device meeting

the definition

of

“tank” whereby

a portion of the

tank wall

is situated

to

any degree within

the ground,

thereby preventing visual

inspection

of

that external surface

area

of the tank

that

is

in the ground.

“In operation”

refers

to

a facility which

is

treating,

storing

or disposing

of hazardous waste.

“Injection well” means

a well

into which fluids are

82—426

---

—24—

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 land treatment facility,

a surface

impoundment

or

an injection well.

“Landfill

cell”

means

a discrete volume

of

a hazardous

waste landfill which

uses

a

liner

to provide

isolation

of wastes from adjacent cells

or wastes.

Examples of

landfill cells

are trenches

and pits.

“Leachate”

means any liquid,

including any suspended

components

in the

liquid,

that has percolated through

or

drained

from hazardous waste.

“Liner” means

a continuous

layer

of natural

or manmade

materials beneath

or on the sides

of

a surface

impoundment,

landfill

or

landfill cell, which restricts

the downward

or lateral escape

of hazardous waste,

hazardous waste constituents

or leachate.

“Leak—detection system” means

a system capable

of

detecting the failure of either the primary or secondary

containment structure or the presence of

a release

of

hazardous waste

or accumulated liquid

in the secondary

containment structure.

Such

a system must employ

operational controls

(e.g., daily visual inspections

for

releases into the secondary containment system of

aboveground tanks)

or

consist

of

an interstitial

monitoring device designed

to detect continuously

and

automatically the failure of

the primary

or

secondary

containment structure or the presence

of

a release

of

82—427

---

—.~c—

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”

moans

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.

“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

111.

Adm.

Code 724.293(g)(2)

and

725.293(g)(2),

a new tank

system

is one for which

construction commences

after July

14,

1986.

(See also

“existing tank system.”)

“Onground tank” means

a device meeting

the definition

of

“tank” that

is situated

in such

a way that the bottom of

the tank

is

on the

same level

as the adjacent

surrounding surfaces

so that

the external

tank bottom

cannot be visually

inspected.

“On—site” means

the same

or geographically contiguous

property which may

be divided

by public

or private

right—of—way, provided

the entrance

and exit between

the

properties

is

at

a crossroads intersection

and access

is

by crossing

as opposed

to going

along

the right—of—

way.

Noncontiguous properties

owned

by

the

same person

but connected

by

a right—of—way which

he controls and

to

82—428

---

—

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

82—429

---

—~

I—

fissure,

container,

rolling stock,

concentrated animal

feeding operation

or vessel

or other floating

craft from

which pollutants

are or may

be discharged.

This term

does not include return flows

from irrigated

agriculture.

“Publicly owned

treatment works”

or

“POTW” means any

device

or

system used

in the treatment

(including

recycling and reclamation)

of municipal

sewage

or

industrial wastes

of

a liquid

nature which

is owned

by

a

“state”

or

“municipality”

(as defined

by Section 502(4)

of

the Clean Water Act

(33 U.S.C.

1362(4)).

This

definition

includes sewers,

pipes

or

other conveyances

only

it

they

convey

waste’~ater

to

a

POTW

providing

treatment.

“Regional Administrator” means

the Regional

Administrator for

the EPA Region

in which the facility

is

located

or his 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.

“SlC 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.

“Sump” means

any pit

or reservoir that meets

the

definition

of tank and those troughs

or

trenches

82—430

---

—20—

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.

“Surface impoundment”

or

“impoundment” means

a facility

or part

of

a facility

which

is

a natural

topographic

depression, manmade excavation

or diked area formed

primarily

of

earthen materials

(although

it may be lined

with manmade materials)

which

is designed

to

hold

an

accumulation of

liquid wastes

or wastes containing

free

liquids and which

is not an

injection well.

Examples

of

surface impoundments

are holding, storage, settling and

aeration pits,

ponds and lagoons.

“Tank” means

a stationary

device, designed

to contain

an

accumulation of hazardous waste which

is constructed

primarily of

nonearthen materials

(e.g.,

wood,

concrete,

steel, plastic)

which provide structural

support.

“Tank system” means

a hazardous waste

storage

or

treatment tank

and its associated ancillary equipment

and containment

system.

“Thermal treatment”

means

the treatment

of hazardous

waste

in

a device which

uses elevated temperatures

as

the primary means

to change the chemical,

physical or

biological character

or composition of the hazardous

waste.

Examples

of thermal

treatment processes are

incineration, molten

salt, pyrolysis,

calcination,

wet

air oxidation and microwave discharge.

(See also

“incinerator”

and “open burning”.)

“Totally enclosed treatment

facility” means

a facility

for the treatment

of hazardous waste which

is directly

connected

to

an

industrial production process

and which

is constructed

and operated

in

a manner which prevents

the release

of any hazardous waste

or any constituent

thereof into the environment during treatment.

An

example

is

a pipe

in which waste

acid

is neutralized.

“Transfer facility” means

any transportation related

facility including loading docks,

parking

areas,

storage

areas

and other

similar areas where shipments

of

hazardous waste

are held during the normal

course of

transportation.

82—431

---

_70~

“Transport vehicle” means

a motor vehicle

or rail car

used

for the transportation

of cargo by any mode.

Each

cargo—carrying body

(trailer,

railroad freight

car,

etc.)

is

a separate transport

vehicle.

“Transportation” means

the movement of hazardous waste

by

air,

rail,

highway

or water.

“Transporter” means

a person engaged

in the off—site

transportation

of hazardous waste

by

air,

rail,

highway

or water.

“Treatment”

means

mv

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.

“Unsaturated zone”

or

“zone

of aeration” means

the zone

between the

land surface and

the water

table.

“United States” means

the

50

States, the District of

Columbia,

the Commonwealth

of Puerto Rico,

the U.S.

82—432

---

—

—I

Virgin Islands,

Guam, American Samoa

and the

Commonwealth

of the Northern Mariana Islands.

“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

is

subject

to regulation

under either Section

402 or

Section

307(b)

of

the Clean Water Act (33 U.S.C.

1342

or

1317(b));

and receives

and treats

or

stores

an influent wastewater

which

is

a hazardous waste

as defined

in

35

Ill.

Adm.

Code 721.103

or

generates

and accumulates

a wastewater

treatment

sludge which

is

a hazardous waste

as defined

in

35

Ill.

Adm.

Code 721.103

or treats

or stores

a

wastewater treatment sludge which

is

a hazardous

waste

as defined

in

35

Ill.

Adrn.

Code

721.103;

and

Meets

the

definition

of

tank

in

35

Ill.

Adrn.

Code

720.110.

“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

11

Ill.

Peg.

effective

Section

720.111

References

a)

When

used

in

35

Ill.

Adm.

Code 720 through

725,

the

following publications

are incorporated

by reference:

ANSI.

Available

from the American National

Standards Institute,

1430 Broadway,

New York, New

York

10018,

(212)

354—3300:

82—433

---

“Petroleum Refinery Piping,” ANSI

B31.3

——

1976, with addendum 631.3(d)

——

1980.

“Liquid Petroleum Transportation Piping

Systems,” ANSI

B3l.4

——

1974,

with addendum

B3l.4(b)

——

1981.

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 Editicn,

1981.

“Cathodic Protection

of Underground Petroleum

Storage Tanks

and Piping Systems,” API

Publication

632,

1983.

“Installation of Underground Petroleum Storage

Systems,” API Publication

1615

(November

1979)

AE’IM.

Available from American Society

for Testing

and Materials,

1916 Race Street,

Philadelphia,

PA

19103,

(215)

299—5400:

“ASTM Standard Test Methods for Flash Point

of

Liquids

by Setaflash Closed Tester,”

ASTM

Standard D—3270—70.

“ASTM Standard

‘test Methods

for Flash Point

Pensky—Martens Closed Tester,”

ASTM Standard

D—E—93—79

or D—93—60.

GPO.

Available

from the Superintendent

of

Documents,

U.S.

Government Printing Office,

Washington,

D.C.

20401,

(202)

783—3238:

Standard Industrial Classification Manual

(1972),

and

1977 Supplement,

republished

in

1903

“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)).

“Generic Quality Assurance Project Plan for

Land Disposal Restrictions Program,”

EPA

Publication number

EPA/530—SW—87—01l, March

15,

1987.

82—434

---

—-~—

NACE.

Available

from

the National Association of

Corrosion Engineers,

1400 South

Creek

Dr.

,

Houston,

TX

77084,

(713)

492—0535:

“Recommended Practice

(RP—02-85)

Control

of

External Corrosion

on Metallic Buried,

Partially Buried,

or Submerged Liquid

Storage

Systems.”

NFPA.

Available

from the National Fire

Protection

Association,

Eatterymarch Park, Boston,

MA

02269,

(627)

770—3000:

“Fammable

and Combustible Liquids Code”

(1977

or 1981).

STI.

Available

from

the Steel Tank Institute,

722

Anthony Trail, Northbrook,

IL

60062,

(312)

498—

1920:

“Standard

for Dual

Wall Underground Steel

Storage Tanks”

(1986).

b)

This Section incorporates

no

later editions

or

amendments.

SUBPART

C:

RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

a)

Any person may petition the Board

to adopt

as

State

regulations rules which

are

identical

in substance with

newly-adopted federal

amendments

or

regulations.

The

petition shall

take

the form of

a proposal

for

rulemaking pursuant

to —Pfeee~e~a~R~e ~~—35

Ill.

Adm.

Code

102.

The proposal

shall

include

a listing

of all

amendments

to

40 CFR

260 —~65—through 265 and

262 which

have been made

since

the last preceding amendment

or

proposal

to amend —Pe~s ~

f~~4fa++—35 Ill.

Adm.

Code

720 through

725 and 728, pursuant

to Section

22.4(a)

of

the Environmental Protection Act.

b)

Any person may petition the Board

to adopt amendments

or

additional

regulations

not

identical

in substance with

federal regulations.

Such proposal shall conform

to

—Pa~ ~

e~the Pfeee~~a~R~es—35 Ill.

Adm.

Code

102

and Title VII and —~—Section 22.4(b)

or

22.4(c)

of

the

-4~4fte~s—Environmental Protection

Act.

(Source:

Amended

at

11

Ill.

Peg.

effective

82—435

---

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

72

.104

Exclusions

721.105

Special Requirements

For Hazardous Waste Generated

by Small Quantity Generators

Requirements for Recyclable Materials

Residues of Hazardous Waste

in Empty Containers

SUPEART

B:

CRI’IEPIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDCUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria

for Identifying

the Characteristics

of

Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

SUBPART

C:

CHARACTERIS’IICS OF HAZARDCUS 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

Section

721.101

721.102

721.103

Purpose

of Scope

Definition

of Solid Waste

Definizion of Hazardous Waste

721.106

721.107

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

82—436

---

—

—

Appendix

I

Wastes Excluded under Section 720.120

and 720.122

Table

A

Wastes

Excluded from Non—Specific Sources

‘table

B

Wastes Excluded

from Specific Sources

Table

C

Wastes Excluded

from Commercial Chemical Products,

Off-Specification Species, Container Residues,

and

Soil Residues 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.

1985,

ch.

ill

1/2,

cars.

1022.4 and 1027).

SOURCE:

Adopted

in P81—22,

43 PCB

427,

at

5

Ill.

Peg.

978,

effective

as noted

in

35

Ill.

Adni.

Code 700.106; amended

and

codified

in P81—22,

45 PCB

317,

at

6 Ill.

Req.

4828,

effective

as

noted

in

35

Ill.

Adrn.

Code 700.106;

amen’ded

in R82—lS,

51 PCB 31,

at

7

Ill.

Pee.

2518,

effective February

22,

1983;

amended

in R82—

19,

53 PCB 131,

at

7

Ill.

Reg.

13999,

effective October

12, 1983;

amended

in P84—34,

61 PCB 247,

at

8

Ill.

Req.

24562, effective

December

11,

1984;

amended

in P64—9,

at

9

Ill.

Req.

11834,

effective July 24,

1985;

amended

in P85—22

at

10

Ill. Req.

996,

effective January

2,

1986;

amended

in P85—2

at

10

111.

Req.

8112,

effective May

2,

1986;

amended

in P26—1

at

10

Ill.

Peg.

14002,

effective August

12,

1986;

amended

in P86—19

at 10

Ill.

Peg.

20647,

effective December

2,

1986;

amended

in P86—28

at

11

Ill.

Req.

6035,

effective March

24,

1987;

amended

in P86—46

at

11

Ill.

Peg.

13466,

effective August

4,

1967;

amended

in P87—32 at

11

Ill.

Req.

,

effective

;

amended

in R87—5 at

11

Ill.

Peg.

,

effective

SUBPART

A:

GENERAL PROVISIONS

Section 721.101

Purpose and Scope

a)

This Part identifies

those

solid wastes which

are

subject

to regulation

as hazardous wastes under

35 Ill.

Adm.

Code

702,

703,

705 and 722 through

725 and 728,

and

which

are subject

to the notification requirements

of

Section

3010

of the Resource Conservation

and Recovery

Act

(42 U.S.C.

6901

et seq.).

In this Part:

I)

Subpart A defines

the terms “solid waste”

and

“hazardous waste,”

identifies

those wastes which

are excluded from regulation under

35

Ill.

Adm.

Code

702,

703,

705 and

722 through 726 and

728,

and

establishes

special management requirements

for

hazardous waste produced

by conditionally exempt

small quantity generators and hazardous waste which

is recycled.

2)

Subpart

B sets forth

the criteria used

to

identify

characteristics of hazardous waste

and

to list

82—437

---

—35—

particular hazardous wastes.

3)

Subpart

C identifies

characteristics

of hazardous

wastes.

4)

Subpart

D lists particular

hazardous wastes.

b)

Limitations on definition

of solid waste:

1)

The definition

of solid waste contained

in this

Part applies

only

to wastes that

also are hazardous

for purposes

of

the regulations implementing

Subtitle

C of

the Resource Conservation

and

Recovery

Act.

For exampe,

it does

not apply

to

materials

(such

as non—hazardous scrap, paper,

textiles—7—

or rubber)

that

are not otherwise

hazardous wastes and

that are

recycled.

2)

This Part

identifies only some

of

the materials

which

are solid wastes

and hazardous wastes under

Sections 1004(5), 1004(27)

and

7003

of RCRA.

A

material

which

is not defined

as

a solid waste

in

this Part,

or

is not

a hazardous waste identified

or listed

in

this Part,

is still

a hazardous waste

for purposes

of

those sections

if,

in the case

of

Section

7003

of

RCRA,

the statutory elements are

established.

c)

For the purposes

of Sections 721.102

and 721.106:

1)

A “spent material”

is any material

that has

been

used

and

as

a

result

of contamination can

no longer

serve

the purpose

for which

it was produced without

processing—~—.

2)

“Sludge” has

the

same meaning

used

in

35

Ill.

Adm.

Code

720.ll0—-~—.

3)

A “by—product”

is

a material

that

is not one

of the

primary products of

a production

process

and

is not

solely

or separately produced

by the production

process.

Examples are process residues such

as

slags

or distillation column bottoms.

The term

does not include

a

co-product

that

is produced for

the general

public’s use

and

is ordinarily used

in

the

form

it

is produced

by the process.

4)

A material

is

“reclaimed”

if

it

is processed

to

recover

a usable product,

or

if

it

is

regenerated.

Examples are recovery of lead values

from

spent batteries

and regeneration

of

spent

solvents.

5)

A material

is

“used

or

reused”

if

it

is either:

82—438

---

—36—

A)

Employed

as

an ingredient

(including

use

as an

intermediate)

in

an

industrial process

to make

a product

(for example, distillation bottoms

from one process

used

as feedstock

in another

process).

However,

a material will not

satisfy

this condition

if distinct components

of the material are recovered

as separate end

products

(as when metals are recovered from

metal—containing secondary materials);

or

B)

Employed

in

a particular

function

or

application

as an effective

substitute

for

a

commercial

product

(for example,

spent pickle

liquor

used

as phosphorus precipitant and

sludge conditioner

in wastewater treatment).

6)

“Scrap metal”

is bits and pieces

of metal

parts

(e.g.,

bars,

turnings,

rods,

sheets,

wire)

or metal

pieces that may be

combined together with bolts

or

soldering

(e.g.,

radiators,

scrap automobiles,

railroad box

cars)

which when worn

or superfluous

can

be recycled.

7)

A material

is

“recycled”

if

it

is used,

reused

or

reclaimed.

8)

A material

is “accumulated

speculatively”

if

it

is

accumulated before being recycled.

A material

is

not accumulated speculatively,

however,

if

the

person accumulating

it can show that the material

is potentially recyclable

and has

a feasible means

of being recycled;

and that

——

during

the calendar

year

(commencing

on January

1)

——

the amount

of

material that

is recycled,

or transferred

to

a

different site

for recycling,

equals

at least

75

percent by weight

or volume

of the amount

of that

material accumulated

at the beginning of

the

period.

In calculating

the percentage

of

turnover,

the

75 percent

requirement

is

to be applied

to each

material of

the same type

(e.g.,

slags

from

a

single

smelting process)

that

is recycled

in the

same way

(i.e.,

from which

the same material

is

recovered

or that

is used

in the same way).

Materials accumulating

in units

that would

be

exempt from regulation

under Section 721.104(c)

are

not

to

be included

in making

the calculation.

(Materials that are already defined

as solid wastes

also are not

to

be included

in making the

calculation).

Materials

are

no longer

in this

category once they are removed

from accumulation

for recycling,

however.

d)

The Agency has inspection authority pursuant

to Section

82—439

---

—37—

3007 of the Resource Conservation

and Recovery Act and

Section

4

of the Environmental Protection Act.

(Source:

Amended

at

11

Ill.

Req.

effective

Section

721.104

Exclusions

a)

Materials which

are not solid wastes.

The following

materials

are not solid wastes

for

the purpose

of this

Part:

1.)

Sewage:

A)

Domestic sewage;

and

B)

Any mixture

of domestic sewage and other

waste

that passes

through

a sewer

system

to

publicly—owned treatment works

for

treatment.

“Domestic sewage”

means untreated

sanitary wastes that pass through

a sewer

system.

2)

Industrial wastewater discharges that are point

source discharges— s~ee~ ~e ~ege~a~e~

~

Gee~eft402 e~the G~ea~We~e~Ae~7as a~eft~ee+33

~-~?~-

~25~ e~seq~-—with NPDES permits

issued by

the Agency pursuant

to Section

12(f)

of the

Environmental Protection Act and

35

Ill.

Adm.

Code

309.

(Board Note:

This exclusion applies only

to the

actual point source discharge.

It does

not exclude

industrial

wastewaters while

they are being

collected,

stored

or treated before discharge,

nor

does

it exclude sludges that

are generated

by

industrial wastewater

treatment.)

3)

Irrigation

return flows.

4)

Source,

special nuclear

or

by—product material as

defined by

the Atomic Energy Act

of

1954,

as

amended

(42 U.S.C.

2011

et

seq.)

5)

Materials

subjected

to in—situ mining techniques

which

are

not removed from the ground as part

of

the extraction process.

6)

Pulping liquors

(i.e., black

liquor)

that are

reclaimed

in

a pulping

liquor recovery furnace and

then reused

in

the pulping process, unless

accumulated speculatively

as defined

in Section

721.101(c);

82—440

---

—38—

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 solid 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:

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

82—44 1

---

-39-

B)

Such facility does not accept hazardous waste

and

the owner

or operator

of such facility has

established

contractural requirements

or other

appropriate

notification or

inspection

procedures

to assure that hazardous wastes are

not received at or burned

in

such

facility.

2)

Solid wastes generated

by any of

the following and

which

are returned

to the soil

as fertilizers:

A)

The growing

and harvesting

of agricultural

crops.

B)

The raising

of animals,

including

animal

manures.

3)

Mining overburden returned

to the mine site.

4)

Fly ash waste, bottom ash waste,

slag waste,

and

flue gas emission control waste generated primarily

from

the combustion of

coal

or other fossil fuels.

5)

Drilling fluids,

produced waters,

and other

wastes

associated

with the exploration, development,

or

production

of crude oil,

natural gas

or geothermal

energy.

6)

Chromium wastes:

A)

Wastes which

fail the test

for

the

characteristic

of

EP toxicity (Section 721.124

and Appendix

B)

because chromium

is present or

are listed

in Subpart

C 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.

82—442

---

—40—

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

i)

Chrome

(blue)

trimmings generated by the

following subcategories

of the leather

tanning

and finishing industry;

hair

pulp/chrome tan/retan/wet finish;

hair

save/chrome tan/retan/wet

finish;

retan/wet finish;

no beamhouse;

through—

the-blue;

and shearling.

ii)

Chrome

(blue)

shavings generated

by the

following subcategories

of the leather

tanning and finishing

industry;

hair

pulp/chrome

tan/retan/wet

finish; hair

save/chrome tan/retan/wet

finish;

retan/wet

finish;

no

beanihouse;

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

beanihouse;

through—

the—blue;

and shearling.

v)

Wastewater treatment sludges generated

by

the following subcategories

of the

leather tanning

and finishing industry:

hair

pulp/chrome tan/retan/wet finish;

hair save/chrome tan/retan/wet finish;

retan/wet finish;

no beamhouse;

through—

the—blue;

and shearling.

vi)

Wastewater treatment sludges generated

by

the following subcategories

of the

leather tanning and finishing industry:

hair pulp/chrome

tan/retan/wet finish;

hair

save/chrome tan/retan/wet

finish;

and through—the—blue.

vii) Waste scrap leather

from the leather

82—443

---

—41—

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.

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. Adm.

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 subsection

(d)(2),

a sample

of solid waste

or

a sample of water,

soil

or

air,

which

is collected

for the sole purpose

of testing

to determine

its characteristics

or

composition,

is

not subject

to any requirements

of this Part or

35

Ill.

Adm.

Code

702,

703,

705 and 722 through —~5—

728.

The sample qualifies when:

A)

The sample

is being transported

to

a

laboratory

for the purpose of

testing;

or

B)

The sample

is being

transported back

to the

sample collector

after

testing;

or

82—444

---

—42—

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)(l)(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—7— and

telephone number;

the laboratory’s

name,

mailing address—7—

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).

(Source:

Amended

at

11

Ill.

Peg.

effective

Section 721.105

Special Requirements

for Hazardous Waste

82—445

---

—43—

Generated

by Small Quantity Generators

a)

A generator

is

a conditionally exempt small quantity

generator

in

a calendar month

if

it generates

no more

than 100 kilograms of hazardous waste

in that month.

35

Ill.

Adm.

Code

700 explains

the relation

of this

to

the

100

kg/mo

exception

of

35

Ill.

Adm.

Code

809.

b)

Except

for

those

wastes

identified

in

subsections

(e),

(f),(g)

and

(j),

a

conditionally

exempt

small

quantity

generator’s

hazardous

wastes

are not subject

to

regulation

under

35

Ill.

Adm.

Code

702,

703,

705

and

722

through

726

and

722,

and

the

notification

requirements

of

Section

3010

of

the

Resource

Conservation

and

Recovery Act,

provided

the

generator

complies

with

the

requirements

of subsections

(f),

(g) and

(j).

c)

Hazardous waste that

is not subject

to regulation

or

that

is subject only

to

35

Ill.

Adm Code 722.111,

722.112, 722.140(c)

and 722.141

is not included

in the

quantity determinations

of this Part and

35

Ill. Adm.

Code 722 through

726 and

728,

and

is not subject

to

any

requirements

of

those Parts.

Hazardous waste

that

is

subject

to

the requirements of Section 721.106(b)

and

(c) and

35

Ill.

Adm.

Code 726.Subparts

C,

D and

F

is

included

in the quantity determinations

of this Part and

is subject

to

the requirements

of this Part and

35

Ill.

Adrr.

Code 722 through

726 and

728.

d)

In

determining

the

quantity

of

hazardous

waste

it

generates,

a

generator

need

not

include:

1)

Hazardous

waste

when

it

is

removed

from

on—site

storage;

or

2)

Hazardous

waste

produced

by

on—site

treatment

(including

reclamation)

of

its

hazardous waste

so

long

as

the

hazardous

waste

that

is

treated

was

counted

once;

or,

3)

Spent

materials

that

are

generated,

reclaimed

and

subsequently

reused

on—site,

so

long

as

such

spent

materials

have

been

counted

once.

e)

If

a

generator generates acute hazardous waste

in

a

calendar

month

in

quantities

greater

than

set

forth

below,

all quantities

of that acute hazardous waste

are

subject

to

full

regulation under

35

Ill.

Adm.

Code

702,

703,

705 and 722 through

726 and 728,

and

the

notification requirements

of Section 3010 of the

Resource Conservation and Recovery Act:

1)

A total

of one kilogram of

acute hazardous wastes

listed

in Sections 721.131, 721.132

or

721.133(e);

82—44 6

---

—44—

or

2)

A

total

of

100

kilograms

of

any

residue

or

contaminated

soil,

waste

or

other

debris

resulting

from

the

clean—up

of

a

spill1

into

or

on

any

land

or water,

of any acute hazardous wastes

listed

in

Sections 721.131, 721.132

or

721.133(e).

f)

In order

for acute hazardous wastes generated

by a

generator

of acute hazardous wastes

in quantities equal

to

or

less than those

set forth

in subsection

(e)(l)

or

(e)(2)

to

be excluded

from

full

regulation

under this

Section,

the generator must

comply with the following

requirements:

1)

35

Ill.

Adm.

Code 722.111.

2)

The generator may accumulate

acute hazardous waste

on—site.

If

it accumulates

at

any time acute

hazardous wastes

in quantities

greater than set

forth

in subsections

(e)(l)

or

(e)(2),

all

of those

accumulated wastes

are subject

to regulation under

35

Ill.

Adrn.

Code

702,

703,

705 and

722 through

726

and 728,

and

the applicable

notification

requirements

of Section

3010

of the Resource

Conservation and Recovery Act.

The time period

of

35

Ill.

Adrn.

Code 722.134(d)

for accumulation

of

wastes on—site begins when the accumulated wastes

exceed

the applicable exclusion

limit.

3)

A conditionally exempt small quantity generator may

either treat

or dispose of

its acute hazardous

waste

in

an on—site facility,

or ensure delivery

to

an off—site storage, treatment

or disposal

facility,

either

of which,

if located

in the United

States,

is:

A)

Permitted under

35

Ill.

Adni.

Code

703;

B)

In interim status under

25

Ill.

Adir.

Code 703

and 725;

C)

Authorized to manage hazardous waste

by

a

State with

a hazardous waste management

program approved

by USEPA;

D)

Permitted,

licensed

or registered by

a State

to manage municipal

or

industrial

solid waste;

or

E)

A facility which:

i)

Beneficially

uses

or reuses

or

legitimately recycles

or reclaims

its

82—447

---

—45—

waste;

or

ii)

Treats

its waste prior

to beneficial use

or

reuse,

or

legitimate

recycling

or

reclamation.

g)

In order

for hazardous waste generated by

a

conditionally exempt small quantity generator

in

quantities

of less than 100 kilograms of hazardous waste

during

a calendar month

to

be excluded from full

regulation

under

this Section,

the generator must

comply

with the following requirements:

1)

35

Ill.

Adm.

Code 722.111;

2)

The conditionally exempt small

quantity generator

may accumulate hazardous waste on—site.

If

it

accumulates

at any time more than

a total

of

1000

kilograms

of the generator’s hazardous waste, all

of those

accumulated wastes

are subject

to

regulation under

the special provisions

of 35

Ill.

Adm.

Code 722 applicable

to generators

of between

100

kg and 1000

kg

of hazardous waste

in

a calendar

month as well

as the requirements of

25

Ill. Adm.

Code

702,

703,

705 and 723 through

726 and 728,

and

the applicable notification

requirements of Section

3010

of the Resource Conservation

and Recovery

Act.

The time period

of

35

Ill.

Adm. Code

722.134(d)

for accumulation

of wastes on—site

begins

for

a small quantity generator when

the

accumulated

wastes exceed 1000 kilograms;

3)

A conditionally exempt small quantity generator may

either treat or dispose of

its hazardous waste

in

an on—site facility,

or ensure delivery

to

an off—

site

storage,

treatment or disposal

facility,

either

of which,

if located

in

the United States,

is:

A)

Permitted

under

35

Ill.

Adm.

Code 702 and

703;

B)

In

interim status under

35

Ill.

Adm.

Code 703

and

725;

C)

Authorized

to manage hazardous waste

by

a

State with

a hazardous waste management

program approved by USEPA under

40 CFR 271

(—

~965—l986)

D)

Permitted,

licensed

or registered

by

a State

to manage

municipal

or

industrial

solid

waste;

or

B)

A facility which:

82—448

---

—46—

i)

Beneficially

uses

or

re—uses, or

legitimately recycles

or

reclaims the

small quantity generator’s waste;

or

ii)

Treats

its waste prior

to beneficial

use

or re—use,

or legitimate

recycling or

reclamation.

h)

Hazardous waste

subject

to

the reduced requirements

of

this Section may

be mixed with non—hazardous waste

and

remain subject

to these

reduced requirements even though

the resultant mixture exceeds

the quantity limitations

identified

in

this Section,

unless

the mixture meets any

of

the characteristics of hazardous wastes identified

in

Subpart

C.

i)

If

a small quantity generator mixes

a solid waste with

a

hazardous waste

that exceeds

a quantity exclusion level

of this Section,

the mixture

is

subject

to

full

regulation.

j)

If

a conditionally exempt small

quantity generator’s

hazardous wastes

are mixed with used

oil,

the mixture

is

subject

to

35

Ill. Adm.

Code 726.Subpart

B,

if

it

is

destined

to

be burned for energy recovery.

Any material

produced

from such

a mixture

by processing,

blending

or

other treatment

is also so regulated

if

it

is destined

to be burned

for energy recovery.

(Source:

Amended

at

11

Ill. Req.

effective

Section 721.106

Requirements

for Recyclable Materials

a)

Recyclable materials:

1)

Hazardous wastes that are recycled are subject

to

the requirements for generators,

transporters—7—

and storage facilities

of subsections

(b) and

Cc),

except for the materials listed

in subsections

(a)(2)

and

(a)(3).

Hazardous wastes that are

recycled will

be known

as “recyclable materials”.

2)

The following

recyclable materials

are not subject

to the requirements of

this Section but are

regulated under

35

Ill.

Adni.

Code 726.Subparts

C

through G and

all applicable provisions

in

35

Ill.

Adm.

Code

702, 703 and 705.

A)

Recyclable materials used

in

a manner

constituting disposal

(35

Ill. Adm.

Code

726.Subpart

C);

82—449

---

—47—

B)

Hazardous wastes burned for energy recovery in

boilers and

industrial

furnaces that are not

regulated under

35

Ill.

Adm.

Code 724

or

725.Subpart

0

(35

Ill.

Adm.

Code

726.Subpart

D.)

C)

Used

oil that exhibits one

or more

of the

characteristics

of hazardous waste

and

is

burned

for energy recovery

in boilers

or

industrial

furnaces that are not regulated

under

35

Ill.

Adm.

Code 724

or 725.Subpart

C.

(35 111.

Adir.

Code 726.Subpart

E);

C)

Recyclable materials

from which

precious

metals

are reclaimed

(35 111.

Adm.

Code

726.Subpart

F);

B)

Spent

lead—acid batteries

that are being

reclaimed

(35

Ill.

Adm.

Code 726.Subpart

G).

3)

The following recyclable materials

are not subject

to regulation under

35

Ill.

Adm.

Code 722 through

726,

728,

or

702,

703 or 705 and are not subject

to

the notification requirements

of Section

3010 of

the Resource Conservation and Recovery Act:

A)

Industrial

ethyl

alcohol

that

is

reclaimed

except that,

unless provided otherwise

in an

international agreement

as specified

in

35

Ill.

Adm.

Code 722.158:

i)

A person

initiating

a shipment for

reclamation

in

a foreign country,

and any

intermediary arranging

for

the shipment,

shall

comply with the requirements

applicable

to

a primary exporter

in 35

Ill.

Adni. Code 722.153, 722.l56(a)(1)

through

(a)(4),

(a)(6)

and

(b),

and

722.157,

shall export such materials only

upon consent

of the receiving country

and

in conformance with the USEPA

Acknowledgement

of Consent

as defined

in

35

Ill.

Adm.

Code 722.Subpart B, and

shall provide

a copy

of the USEPA

Acknowledgement

of Consent

to the

shipment

to

the transporter

transporting

the shipment

for export;

ii)

Transporters transporting

a shipment for

export shall not accept

a shipment

if

the

transporter

knows the shipment does not

conform

to the USEPA Acknowledgement

of

Consent,

shall ensure

that

a copy

of the

USEPA Acknowledgement

of Consent

82—450

---

‘C

—--.~

—

accompanies

the shipment

and shall ensure

that

it

is delivered

to the facility

designated by

the person initiating

the

shipment.

B)

Used batteries

(or used battery cells)

returned

to

a

battery manufacturer

for

regeneration;

C)

Used

oil

that exhibits one

or more

of

the

characteristics

of hazardous waste

but

is

recycled

in

some other manner

than being

burned

for energy recovery;— e~—

C)

Scrap metal—T—;

E)

Fuels produced

from the refining

of oil—

bearing hazardous wastes along with normal

process streams

at

a petroleum refining

facility

if

such wastes result from

normal

petroleum refining,

production and

transportation practices;

F)

Oil reclaimed

from hazardous waste

resulting

from normal petroluem

refining, production and

transportation practices,

which

oil

is

to be

refined along with

normal process

streams at

a

petroleum refining facility;

G)

Coke

and coal

tar from the iron and steel

industry that contains hazardous waste

from

the

iron

and steel production process—f—;

H)

Petroleum refining wastes.

i)

Hazardous waste

fuel

produced from oil—

bearing hazardous wastes from petroleum

refining,

production

or

transportation

practices,

or produced from oil

reclaimed

from such

hazardous wastes, where

such

hazardous wastes are reintroduced

into

a

process

that does not use distillation

or

does

not produce products from crude

oil

so long

as the resulting

fuel meets

the

used oil specification under

35

111.

Adm.

Code 726.140(e)

and

so long as no

other

hazardous

wastes—,. whefe s~e~~asa~êe~s

wes~es— are used

to produce—8—

the

hazardous waste

fuel;

ii)

Hazardous waste

fuel produced from oil—

bearing

hazardous waste

from petroleum

refining production—,.— and transportation

practices,

where

such hazardous wastes

82—45 1

---

—49—

are reintroduced

into

a refining process

after

a point

at which contaminants are

removed, so long

as

the

fuel meets

the

used oil

fuel specification under

35

Ill.

Adm.

Code 726.140(e);

and

iii) Oil reclaimed

from oil—bearing hazardous

wastes

from petroleum refining,

production and transportation practices,

which reclaimed oil

is burned

as

a

fuel

without

reintroduction

to

a

refining

process, so long

as the reclaimed oil

meets

the used oil

fuel specification

under

IS

Ill.

Adrp.

Code 726.140(e);

and

I)

Petroleum coke produced

from petroleum

refinery hazardous wastes containing oil

at

the same facility

at which such wastes were

generated, unless

the resulting

coke product

exceeds

one

or more

of the characteristics

of

hazardous waste

in Subpart

C.

b)

Generators

and transporters

of recyclable materials are

subject

to

the applicable requirements

of

35 Ill.

Adin.

Code 722 and 723 and the notification

requirements under

Section

3010

of

the Resource Conservation

and Recovery

Act,

except

as provided

in subsection

(a).

c)

Storage

and recycling:

1)

Owners or operators of

facilities that store

recyclable materials before

they are recycled are

regulated under

all applicable provisions

of

35

Ill.

Adm. Code 724 and 725.Subparts

A through

L,

726, 728,—

aft8—

702, 703 and 705 and the

notification requirement under Section

3010 of

the

Resource Conservation and Recovery Act,

except

as

provided

in subsection

(a).

(The recycling process