ILLINOIS POLLUTION CONTROL BOARD
July 16,
1987
IN THE MATTER OF:
)
RCRA UPDATE, USEPA REGULATIONS
)
R87-5
(10—1—86 THROUGH 12—31—86
)
AND 6-4-87 CORRECTIONS)
)
PROPOSAL FOR PUBLIC COMMENT
PROPOSED ORDER OF THE BOARD
(by ~J.Anderson):
On May 14,
1987,
the Board proposed
to amend
the RCRA rules
in this Docket.
Publication of the proposal has been delayed
pending final
action on R86-46.
On July 13,
1987,
Chemical haste
Management filed
a motion asking that the Board
redraft the
proposal
to include corrections
to the November
7,
1986 Federal
Register, which corrections appeared on June
4,
1987.
The motion
is granted.
The Proposed Opinion and Order
are withdrawn.
The
following Proposed Order
is substituted.
The Board will adopt a
modified Proposed Opinion
in the near future.
Pursuant
to Section 22.4(a)
of the Environmental Protection
Act
(Act), the
Board is proposing
to amend
the RCRA
regulations.
In accordance with
the RCRA procedural
rules
(Section 102.202),
the Board invites public comment
for
45 days
after publication of the proposal
in the Illinois Register.
Section 22.4 of the Act governs adoption of regulations
establishing the RCRA program
in Illinois.
Section 22.4(a)
provides for quick adoption of regulations which are “identical
in substance”
to federal regulations;
Section 22.4(a) provides
that Title
VII
of the Act and Section
5 of
the Administrative
Procedure Act shall not apply.
Because this rulemaking
is not
subject
to Section
5 of the Administrative Procedure Act,
it
is
not subject
to first notice
or
to second notice review by the
Joint Committee on Administrative
Rules
(JCAR).
The federal
RCRA
regulations are found at 40 CFR 260 through 270, and 280.
This
rulemaking updates
Illinois’ RCRA rules
to correspond with
federal amendments during the period October
1 through December
31,
1986.
The proposal
is attached
to this Proposed Order
for public
distribution.
A major portion of this rulemaking amends language
which
is subject
to amendment
in R86-46.
It
is not possible
to
prepare
a strike
and underline text for
these provisions.
Therefore,
for purposes of this Proposed Order,
the Board has
summarized changes without setting
out the full
text.
Because
of
its length, the
text of the rules
will not be published in the
Environmental Register and will not appear
in the Opinion
volumes.
However,
the entire text will appear
in the Illinois
Register
in the near
future.
The Board will allow a full 45 days
79-873
—2—
for public comment after
the complete
text appears in the
Illinois Register.
IT
IS SO ORDERED.
I,
Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the above Proposed Order was adopted
on the /~r~day of
______________,
1987, by a vote
of
~
‘77.
Dorothy M.’Gunn, Clerk
Illinois Pollution Control Board
79-874
—3—
This proposal divides into two portions:
Parts
702 through
725,
and new Part 728.
Most of the amendments
to Parts 702
through 725 are minor changes which are occasioned
by the
addition of Part 728.
Many of the Sections are subject to
amendment
in R86—46.
The Board will therefore, for purposes of
this Proposed Order,
summarize the amendments to Parts 702
through 725,
and set new Part 728 out in
full.
Section 702.187
Amend by adding
the following to the list of minor
modifications:
e)
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._Adni._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
Ill.
Adrn.
Code 728.141,
or adjusted standards established under
35
Ill. Adm. 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
p~ocessesor physical equipment under this
subsection.
Section 703.183
This Section
is subject
to amendment
in R86—46.
The Board
proposes to add to the general information required
in the Part B
application as follows:
ii)
For land disposal
facilities,
if
a case—by—case
extension has been approved under
35
Ill. Adm. Code
728.105, or
if
a petition has been approved under
35
Ill.
Adm. Code 728.106, a copy of the notice
of approval
of
the extension or
of approval of the petition is
required.
79.875
—.4—
Section 703.241
Section 703.241(b)(l)
is amended by adding references to 35
Ill. Adm. Code 728
in two places.
Section 720.101
The following Sections are amended by adding references to
35
Ill. Adm. Code 728:
720.101(a)
and 720.lol(b)(2) and
(3)
Section 720.102
This Section
is subject
to amendment
in R86—46.
It appears
that no amendment is needed,
since the Illinois text does not
include references
to the specific Parts.
Section 720.103
The following Sections are amended by adding
references
to
35
Ill. Adm. Code 728:
The introductory text to 720.103.
Section 720.110
This Section
is subject to amendment in R86—46.
The
following Sections are amended by adding references to 35 Ill.
Adm. Code 728:
The introductory text to 720.110.
Section 720.120
The following Sections are amended by adding references to
35 Ill. Adm. Code 728:
720.120(a).
Section 721.101
The following Sections are amended by adding references to
35
Ill. Adm. Code
728:
The introductory text to 721.101(a) and
720.101(a) (1).
Section 721.104
This Section is subject to amendment in R86—46.
The
following Sections are amended by adding references
to 35 Ill.
Adm. Code 728:
721.104(c) and
(d)(l).
Section 721.105
This Section
is subject
to amendment in R86—46.
The
following Sections are amended by adding references
to 35
Ill.
Adm. Code 728:
721.105(b),
(c),
(e),
(f)(2)
and
(g)(2).
Section 721.106
This Section
is subject to amendment
in R86—46.
The
following Sections are amended by adding references to 35
Ill.
79-876
—5—
Adrn. Code
728:
72l.106(a)(3) and
(c)(l).
Section 721.107
The following Sections are amended by adding references to
35
Ill. Adm. Code 728:
721.l07(a)(1) and (a)(2).
Section 721.120
The following Sections are amended by adding
references to
35
Ill. Adm. Code 728:
720.120(b).
Section 721.130
The following Sections are amended by adding
references
to
35 Ill. Adm. Code 728:
721.130(c).
Section 721.132
This Section
is subject to amendment
in R86—46.
The
following listings are added
under the subgroup “Pesticides:”
Kl23
Process wastewater
(including supernates,
(T)
filtrates and washwaters)
from the production
of
ethylenebisdithiocarbamic
acid and its salts.
Kl24
Reactor vent scrubber water
from the production
(C,T)
of ethylenebisdithiocarbamic
acid and its salts.
K125
Filtration, evaporation and centrifugation
(T)
solids
from the production of
ethylenebisdithiocarbamic acid and its salts
K126
Baghouse dust and floor sweepings
in milling
(T)
and packaging operations from the production or
formulation of ethylenebisdithiocarbamic acid and
its salts.
Section 721, App. C
Update the incorporation of reference of the test methods to
include amendments at
51 Fed. Reg.
37725, October 24,
1986.
Section 721, App. G
Add
to the bases
for listing
the following:
K123
Ethylene thiourea
Kl24
Ethylene thiourea
1(125
Ethylene thiourea
Kl26
Ethylene thiourea
Section 722.111
79.877
—6—
Add Section 722.111(d),
as follows:
d)
If the generator determines that the waste
is hazardous,
the generator
shall refer
to 35 Ill.
Adm. Code 724, 725
and 728 for possible exclusions or restrictions
pertaining
to the management of the specific waste.
Section 722, Appendix
This Section
is subject
to amendment in R86—46.
It appears
that
rio amendment
is necessary,
since the Board rule allows the
Agency to promulgate manifest forms.
The Agency will pick up the
amendment
in the forms
it distributes.
Section 723.112
References are added to
35 Ill.
Adm. Code 725 and 728.
Section 724.101
Add the following subsection:
h)
This Part applies to owners and operators of facilities
which treat, store or dispose of hazardous wastes
referred to
in
35
Ill.
Adin.
Code 728.
Section 724.113
Section 724.113 is amended by adding a reference
to
35 Ill.
Adm. Code 728 to Section 724.1l3(a)(l), by adding
a reference
to
35
Ill. Adm. Code 728.107
to Section 724.113(b) (6), and by adding
the following Section 724.113(b) (7)
to the contents of the waste
analysis plan:
b)
7)
For surface impoundments exempted from land
disposal restrictions under
35
Ill.
Adrn.
Code
728.104(a),
the procedures and schedules for:
A)
The sampling
of
impoundment contents
B)
The analysis of test data; and,
C)
The annual removal
of residue which does not
meet the standards of
35 Ill.
Adin.
Code 728,
Subpart
D.
Section 724.173
This Section is subject
to amendment in R86—46.
Section
724.l73(b)(3)
is amended by adding references to35 Ill. Adm.
Code 728.104(a)
and
728.107.
Section 724.173(b)
is also amended
by adding paragraphs (b)(10)
—
(14)
to the contents of the
operating record,
as follows:
79-878
—7—
b)
10)
Records
of the quantities
(and date of p1ace~nent)
for each shipment of hazardous waste placed
in land
disposal units under an extension of the effective
date of any land disposal restriction granted
pursuant
to
35
Ill. Adm. Code 728.105
or
a petition
pursuant to
35
Ill. Adm. Code 106,
and the notice
required of
a generator under
35
Ill. Adm. Code
728.107(a) (3);
11)
For an off—site treatment facility,
a copy of the
notice required of
a generator under
35 Ill. Mm.
Code 728.107(a)(l);
12)
For an on—site treatment facility,
the information
contained
in the notice required of
a generator
under
35 Ill. Adm. Code 728.107(a)(1), except for
the manifest number;
13)
For
an off—site land disposal facility,
a copy of
the notice and certification required by the owner
or operator
of
a treatment facility under
35 Ill.
Adrn. Code 728.107(b)(1) and (2), or
a copy of the
notice and certification required by the generator
under
35 Ill.
Adrn.
Code 728.107(a)(2), whichever is
applicable; and
14)
For an on—site
land disposal
facility, the
information contained
in the notice required under
35 Ill. Adm. Code 728.107(a)(2), except for the
manifest number,
or
the information contained in
the notice required by the treater under
35 Ill.
Adm. Code 728.l07(b)(l), except for the manifest
number, whichever
is applicable.
Section 725.101
e)
This Part, applies to owners and operators of facilities
which
treat, store or dispose of hazardous wastes
referred to
in
35
Ill. Adm. Code
728.
Section 725.113
This Section
is subject
to amendment
in R86—46.
Section
725.113
is amended by adding a reference to
35
Ill. Adm. Code 728
to Section 725.1l3(a)(1), by adding
a reference to 35 Ill. Adm.
Code 728.107
to Section 725.ll3(b)(6), and by adding the
following Section 725.113(b)(7)
to the contents of the waste
analysis plan:
b)
7)
For surface
impoundments exempted from land
disposal restrictions under
35 Ill. Adm. Code
728.104(a),
the procedures and schedules for:
A)
The sampling of impoundment contents
79.879
—8—
B)
The analysis of test data;
and,
C)
The annual removal of residue which does not
meet
the standards of
35 Ill. Adm. Code
728,
Subpart
D.
Section 725.173
This Section
is subject to amendment in R86—46.
Section
725.173(b)(3)
is amended by adding references
to 35 Ill. Adm.
Code 728.104(a)
and 728.107.
Section 725.173(b)
is also amended
by adding paragraphs (b)(8)
—
(12)
to the contents of the
operating
record, as follows:
b)
8)
Records of the quantities
(and date of placement)
for each shipment of hazardous waste placed
in land
disposal units under
an extension of the effective
date of
any land disposal restriction granted
pursuant
to
35
Ill. Adm. Code 728.105 or
a petition
pursuant
to
35
111. Adm. Code 106,
and the notice
required
of
a generator
under
35 Ill. Adm. Code
728.107(a) (3)
9)
For an off—site treatment facility,
a copy of the
notice required of
a generator under
35 Ill.
Adm.
Code 728.l07(a)(1)
11)
For an on—site treatment facility,
the information
contained
in the notice required of a generator
under
35
Ill. Adm. Code 728.107(a)(l), except for
the manifest number
11)
For an off—site land disposal facility,
a copy of
the notice and certification required by the owner
or operator of
a treatment facility under
35
Ill.
Adm. Code 728.107(b)(1)
and
(2),
or
a copy of the
notice and certification required by the generator
under
35
Ill. Adm. Code 728.l07(a)(2), whichever is
applicable; and
12)
For an on—site land disposal facility, the
information contained in the notice required under
35
Ill. Adm. Code 7’28.l07(a)(2), except for the
manifest number, or the information contained
in
the notice required by the treater under
35 Ill.
Adrn.
Code 728.l07(b)(1), except for the manifest
number, whichever is applicable.
79-880
—9—
The Board also proposes
to add new Part 728, the complete
text of which is as follows:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 728
LAND DISPOSAL RESTRICTIONS
SUBPART A:
GENERAL
Section
728.101
Purpose, Scope and Applicability
728.102
Definitions
728.103
Dilution Prohibited as a Substitute for Treatment
728.104
Treatment Surface Impoundment Exemption
728.105
Procedures
for case—by—case Extensions to an
Effective Date
728.106
Petitions
to Allow Land Disposal of
a Waste
Prohibited under Subpart C
728.107
Waste Analysis
SUBPART C:
PROHIBITION OF LAND DISPOSAL
Waste Specific Prohibitions
——
Solvent Wastes
Waste Specific Prohibitions
——
Dioxin—Containing
Wastes
SUBPART D:
TREATMENT STANDARDS
Applicability of Treatment Standards
Treatment Standards expressed as Concentrations in
Waste Extract
728.142
Treatment Standards expressed as Specified
Technologies
728.144
Adjustment of Treatment Standard
SUBPART
E:
PROHIBITIONS ON STORAGE
Section
728.150
Prohibitions on Storage of Restricted Wastes
Constituent Concentration in Waste Extract
Toxicity Characteristic Leaching Procedure
(TCLP)
Treatment Standards
(As concentrations in the
Treatment Residual Extract)
27 of
the Environmental Protection Act
(Ill. Rev.
Stat.
1985,
ch.
111 1/2, pars.
1022.4 and 1027).
SOURCE:
Adopted in R87—5
at 11
Ill. Reg.
effective
Section
728.130
728.131
Section
728.140
728.141
Table A
Appendix A
Appendix B
AUTHORITY:
Implementing Section 22.4 and authorized by Section
79.881
—10—
SUBPAIkT A:
GEI~ERAL
Section 728.101
Purpose,
Scope and Applicability
a)
This Part identifies hazardous wastes
that
are
restricted from land disposal and defines those limited
circumstances under which an otherwise
prohibited waste
may continue
to be land disposed.
b)
Except
as specifically provided otherwise
in this Part
or
35
Ill. Adm. Code
721,
the requirements of this Part
apply to persons who generate or
transport hazardous
waste and to owners and operators of hazardous waste
treatment,
storage and disposal facilities.
C)
Prohibited wastes may continue to be land disposed as
follows:
1)
where persons have been granted
an extension to
the
effective date of
a prohibition under Subpart
C. or
pursuant
to Section 728.105, with respect
to those
wastes covered by the extension;
2)
Where persons have been granted
an exemption from a
prohibition pursuant to a petition under Section
728.106, with respect
to those wastes and units
covered by the petition;
3)
Until November
8,
1988, where
the wastes are
contaminated soil or debris resulting from a
response action
taken under Section
104
or 106
of
the Comprehensive Environmental Response,
Compensation, and Liability Act
of 1980
(CERCLA)
(42 U.S.C.
9601 et seq.)
or under RCRA corrective
action
(35 Ill. Adm. Code 724.200
or 725.193);
or
4)
~here
the waste
is generated by small quantity
generators
of less than 100 kilograms of
non—acute
hazardous wastes per month
or less than one
kilogram of acute hazardous waste per month,
as
defined in
35
Ill. Mm.
Code 721.105.
d)
This Part
is cumulative with
the land disposal
restrictions
of
35
Ill. Adm. Code 729.
The Agency shall
not issue
a wastestream authorization pursuant
to
35
Ill.
Adm. Code 709
or Sections 22.6 or
39(h)
of the
Environmental Protection Act unless
the waste meets the
requirements of this Part as well as
35
Ill. Adm. Code
729.
Section 728.102
Definitions
a)
When used
in
this Part the
following terms have
the
meanings given below:
79.882
—11
—
“Agency” means
the Illinois Environmental
Protection Agency.
“Board” means
the Illinois
Pollution Control Board.
“CERCLA” means
the Comprehensive Environmental
Response, Compensation,
and Liability Act of
1980
(42 U.S.C.
9601 et seq.)
“Hazardous constituent
or
constituents” means those
constituents listed
in 35
Ill. Adm. Code 721,
Appendix
H.
“Land disposal” means placement
in or on the
land
and includes, but
is not limited
to, placement in a
landfill,
surface impoundment, waste
pile,
injection well,
land treatment facility, salt dome
formation, salt bed
formation,
underground mine
or
cave,
concrete vault or bunker intended for
disposal purposes.
“RCRA
corrective action” means corrective action
required under
35 Ill. Adm. Code 724.200
or
725.193,
40 CFR 264.100
or 265.93,
or
similar
regulations
in other States with RCRA programs
authorized
by USEPA.
“USEPA” means
the United States Environmental
Protection Agency.
b)
All other
terms have
the meanings given
under
35
Ill.
Adm. Code 702.110,
720.110, 720.102 or
721.103.
Section
728.103
Dilution Prohibited
as a Substitute
for
Treatment
No generator,
transporter, handler
or owner
or operator
of
a
treatment,
storage
or disposal facility shall
in any way dilute
a
restricted waste or
the residual from treatment
of
a restricted
waste as
a substitute
for adequate treatment
to achieve
compliance with Subpart
P.
Section 728.104
Treatment Surface Impoundment Exemption
Wastes which
are otherwise prohibited from land disposal under
this Part may be
treated
in
a surface
impoundment or
series of
impoundments provided that:
a)
Treatment of
such wastes occurs
in the
impoundments;
b)
The residues of the treatment are analyzed, as specified
in Section 728.107,
to determine
if they meet
the
applicable treatment standards
in Section 728.141.
The
sampling method,
specified
in the waste
analysis plan
79-883
—12—
under
35
111.
Adm. Code 724.113 or 725.113, must
be
designed such that representative samples of the sludge
and the supernatant are tested separately rather
than
mixed
to form homogeneous samples.
The treatment
residues
(incluóing any liquid waste)
that do not meet
the treatment standards promulgated under Subpart D,
or
are not delisted under
35
Ill.
Adrn.
Code 720.122, must
be removed at least annually.
These residues shall not
be placed
in any other surface impoundment for
subsequent management.
If the volume of liquid flowing
through the
impoundment or series of impoundments
annually is greater
than the volume of the impoundment
or
impoundments, this flow-through constitutes removal
of the supernatant for the purpose of this
requirement.
The procedures
and schedule
for
the
sampling of impoundment contents,
the analysis of test
data and
the annual
removal
of residue which does not
meet the Subpart D treatment standards must be specified
in the facility’s waste analysis plan
as required
under
35
Ill.
Adrn.
Code 724.113
or 725.113;
c)
The impoundment meets
the design requirements
of
35
Ill.
Adin.
Code 724.321(c)
or 725.321(a)
even though the unit
may not
be
new, expanded
or
a replacement,
and must
be
in compliance with applicable groundwater monitoring
requirements of
35
Ill. Adm. Code 724,
Subpart
F or
725,
Subpart
F, unless:
1)
It
is exempted pursuant
to
35
Ill.
Adm. Code
724.321(d)
or
(e),
or
to 35
Ill.
Adrn.
Code
725.321(c)
or
(d);
or
2)
Upon application by the owner
or operator,
the
Agency has by permit provided that the requirements
of
this Part do not apply on the basis that the
surface impoundment:
A)
Has at least one liner,
for which there
is
no
evidence that such liner
is leaking;
B)
Is located more than one-quarter mile from an
underground source of drinking water
and
C)
Is
in compliance with generally applicable
groundwater monitoring requirements for
facilities with permits;
or,
3)
Upon application by the owner or operator,
the
Board has, pursuant
to
35
Ill. Adm. Code 106,
granted
an adjusted standard from the requirements
of this
Part.
The justification for such an
adjusted standard shall
be
a demonstration that the
surface impoundment
is located, designed and
operated so
as
to assure that there will be
no
79-884
—13—
migration of any hazardous constituent
into
groundwater
or surface water
at any future
time.
d)
The owner
or operator
submits
to
the Agency a written
certification that the requirements of Section
728.104(a)(3) have been met and submit
a copy of the
waste analysis plan required under Section
728.l04(a)(2).
The following certification
is required:
I certify under penalty of law that the
requirements
of
35 Ill.
Adin. Code 728.104(a)(3)
have been met for all surface impoundments being
used
to treat restricted wastes.
I believe that
the submitted
information is true, accurate and
complete.
I am aware
that there are significant
penalties for submitting
false
information,
including
the possibility
of fine and imprisonment.
Section 728.105
Procedures
for case—by—case Extensions to an
Effective Date
a)
The Board incorporates by reference 40 CFR 268.5, as
adopted
at
51 Fed.
Reg.
40636, November
7,
1986, and
amended
at
52 Fed.
Reg.
21010,
June
4,
1987.
This Part
incorporates
no future editions or
amendments.
b)
Persons may apply
to USEPA for extensions
of effective
dates pursuant to 40 CFR 268.5.
Extensions which are
granted
by USEPA will
be deemed extensions of dates
specified
in the derivative Board
rule.
Section
728.106
Petitions
to Allow Land Disposal
of a waste
Prohibited under Subpart
C
a)
Any person seeking
an exemption from
a prohibition under
Subpart C for
the disposal of a restricted hazardous
waste
in
a particular unit or units
shall:
1)
Prior
to making the demonstration of subsection
(a)(2),
submit
a petition
to the Board seeking
approval of:
A)
All sampling,
testing and estimation
techniques for chemical and physical
properties
of the waste
and
all environmental
parameters;
and
B)
A quality assurance
and quality control plan
that addresses all aspects of the
demonstration; and
2)
Submit
a petition to the Board demonstrating,
to
a
reasonable degree of certainty,
that there will
be
no migration of hazardous constituents from the
79.885
—14—
disposal unit or
injection zone for as
long as the
wastes remain hazardous.
The demonstration must
include the
following components:
A)
An identification of the specific waste and
the specific unit
for which the demonstration
will be made;
B)
A waste analysis
to describe fully the
chemical and physical characteristics of the
subject waste;
C)
A comprehensive characterization of
the
disposal unit site including an analysis of
background air,
soil and water quality;
D)
Whether the facility
is
in
interim status,
or,
if
a RCRA permit has been issued,
the term
of
the permit.
b)
The demonstration referred
to
in subsection
(a)
must
meet the following criteria:
1)
All waste and environmental sampling,
test and
analysis data must be
accurate and reproducible
to
the extent
that state—of-the-art techniques allow;
2)
All
sampling, testing and estimation techniques
for
chemical
and physical properties of the waste
and
all environmental parameters must be
as approved by
the Board pursuant
to subsection
(a)(l);
3)
Simulation models must be calibrated
for the
specific waste
and
site conditions, and verified
for accuracy by comparison with actual
measurements;
4)
A quality
assurance and quality control plan that
addresses all aspects of the demonstration must be
as approved
by the Board pursuant
to subsection
(a)(l); and
5)
An analysis must be performed
to
identify and
quantify any aspects of the demonstration that
contribute significantly to uncertainty.
This
analysis must include an evaluation of the
consequences
of predictable future events,
including,
but not limited
to, earthquakes,
floods,
severe storm events, droughts or other
natural
phenomena.
c)
Each petition must
be submitted
to the Board as provided
in 35
Ill.
Adrn.
Code 106.
79-886
—15—
d)
Each petition must include the following statement
signed by the petitioner or
an authorized
representative:
I certify under penalty of law that
I have
personally examined and am familiar with the
information submitted
in this petition and all
attached documents,
and that,
based
on my inquiry
of those individuals immediately responsible for
obtaining the information.
I believe that
submitted information
is
true,
accurate and
complete.
I am aware that there are significant
penalties
for submitting
false information,
including the possibility of fine and imprisonment.
e)
After
receiving
a petition, the Board may request any
additional information that may be required
to evaluate
the demonstration.
f)
If approved,
the petition will apply to
land disposal
of
the specific restricted waste at the
individual disposal
unit described
in
the demonstration and will not apply
to any other
restricted waste at that disposal unit,
or
to that specific restricted
waste
at any other
disposal
unit.
g)
The Board
will give public notice
and provide
an
opportunity for public comment as provided
in
35
Ill.
Adm.
Code 106.
Notice of
a final
decision on a petition
will be published in the Environmental Register.
h)
The term of
a petition granted under
this Section will
be no longer than the term of the RCRA permit
if the
disposal
unit is operating under
a
RCRA
permit,
or
up
to
a maximum of
10 years from the date of approval provided
under
subsection
(g)
if
the unit
is operating under
interim status.
In either case,
the term of the granted
petition shall expire upon the termination or denial
of
a RCRA permit,
or upon the termination of interim status
or when the volume limit of waste
to be land disposed
during the term of petition
is reached.
i)
Prior
to
the Board’s decision, the applicant shall
comply with all restrictions on land disposal under this
Part once the effective date for the waste has been
reached.
j)
The petition granted
by the Board does not relieve the
petitioner of responsibilities
in the management of
hazardous waste
under
35
Ill. Adm. Code 702,
703 and 720
through 726.
Section 728107
Waste Analysis
79-887
—16—
a)
The generator shall
test the generator’s waste or
an
extract developed using the test method described
in
Appendix
A,
or
use knowledge of the waste,
to determine
if the waste is restricted from land disposal under
this
Part.
1)
If
a generator determines
that the generator
is
managing
a restricted waste
under
this Part and
determines
that the waste
exceeds the applicable
treatment standards, with each shipment of waste
the generator shall notify the treatment facility
in writing
of the appropriate treatment standard
set forth
in Subpart
D.
The notice must include
the following information:
A)
USEPA Hazardous Waste Number;
B)
The corresponding treatment
standard;
C)
The manifest number associated with the
shipment of waste;
and
D)
Waste analysis data, where available.
2)
If
a generator determines that
the generator
is
managing
a restricted waste
under
this Part,
and
determines that the waste can be land disposed
without further
treatment, with each shipment of
waste the generator
shall submit
to the land
disposal facility
a notice and
a certification
stating that the waste meets applicable treatment
standards.
A)
The notice must include
the following
information:
i)
USEPA Hazardous Waste Number;
ii)
The corresponding treatment standard;
iii) The manifest number associated with the
shipment of waste;
iv)
Waste analysis data,
where available.
B)
The certification must be
signed by an
authorized
representative and must state
the
following:
I certify under penalty of
law that
I
personally have examined and am familiar
with the waste
through analysis and
testing
or through knowledge of the waste
to support this certification that the
79-888
—17—
waste complies with the treatment
standards specified
in 35
Ill. Adm. Code
728, Subpart
D.
I believe that the
information
I submitted
is true,
accurate
and complete.
I am aware that there are
significant penalties for submitting
a
false certification, including
the
possibility of a fine and imprisonment.
3)
If
a generator’s waste
is subject to a case—by—case
extension under
Section 728.105,
an exemption under
Section 728.106, an extension under Section
728.l0l(c)(3) or
a nationwide variance under 40 CFR
268,
Subpart
C (1987), the generator shall
forward
a notice with the waste
to the land disposal
facility receiving the generator’s waste, stating
that the waste is exempt from the land disposal
restrictions.
4)
If
a generator determines whether
the waste
is
restricted
based solely on the generator’s
knowledge of the waste,
the generator shall
maintain all supporting data used
to make this
determination on—site
in
the generator’s files.
b)
For wastes with treatment standards expressed as
concentrations in the waste extract
(Section 728.141),
the owner or operator of the treatment facility shall
test the treatment residues or
an extract of such
residues developed using
the
test method described
in
Appendix A to assure that the treatment residue
or
extracts meet the applicable treatment standards.
Such
testing must be performed according
to the frequency
specified
in the
facility’s waste analysis plan as
required
by Sections
724.113
or 725.113.
~here the
treatment residues do not meet the treatment standards,
the treatment facility must comply with
the notice
requirements applicable
to generators
in subsection
(a)(l)
if the treatment residues will
be further managed
at
a different treatment facility.
1)
A notice must
be sent
to the land disposal facility
which includes the following
information:
A)
USEPA Hazardous Waste Number;
B)
The corresponding treatment standard;
C)
The manifest number
associated with
the
shipment of waste;
and
D)
Waste analysis data,
where available.
2)
The treatment facility shall
submit
a certification
79.889
—18-
with each shipment of waste or treatment residue of
a restricted waste to the land disposal facility
stating that
the waste or treatment residue has
been treated to the performance standards specified
in Subpart D.
A)
For wastes with treatment standards expressed
as concentrations
in the waste extract or in
the waste
(Sections 728.141 or
728.143), the
certification must be signed by an authorized
representative and must state
the following:
I certify under penalty of law that
I
have personally examined and am familiar
with the treatment technology and
operation of the treatment process used
to support this certification and that,
based
on my inquiry of those
individuals
immediately responsible for obtaining
this information,
I believe that the
treatment process has been operated and
maintained properly so
as
to achieve the
performance levels specified in 35 Ill.
Adm. Code 728, Subpart D without dilution
of the prohibited waste.
I am aware that
there are significant penalties for
submitting
a
false certification,
including the possibility of fine and
imprisonment.
B)
For wastes with treatment standards expressed
as technologies (Section 728.142), the
certification must be signed
by an authorized
representative and must state the following:
I certify under penalty of law that the
waste has been treated
in accordance with
the requirements of
35 Ill.
Adin.
Code
728.142.
I am aware that there are
significant penalties for submitting
a
false certification, including the
possibility of fine and imprisonment.
c)
The owner or operator of any land disposal facility
disposing any waste subject
to restrictions under
this
Part
shall have records of the notice and certification
specified
in either
subsection
(a)
or
(b).
The owner
or
operator of the land disposal facility shall test the
waste or
an extract of the waste developed using
the
test method described
in Appendix A to assure that the
wastes or
treatment residues are
in compliance with the
applicable treatment standards.
Such testing shall be
performed according
to the frequency specified in the
facility’s waste analysis plan as required by
35
Ill.
79-890
—19—
Adm.
Code 724.113
or 725.113.
SUBPART C:
PROHIBITION ON LAND DISPOSAL
Section 728.130
Waste Specific Prohibitions
--
Solvent Wastes
a)
The spent solvent wastes specified
in 35
Ill. Adm. Code
721.131
as USEPA Hazardous Waste Nos.
FOOl,
F002,
F003,
F004
and F005 are prohibited
from land disposal
(except
in
an
injection well)
unless one or more of
the
following conditions apply:
1)
The generator
of the solvent waste
is
a small
quantity generator
of 100
to 1000 kilograms of
hazardous waste per month;
or
2)
The solvent waste is generated from any response
action taken
under CERCLA or
from RCRA corrective
action except where the waste
is contaminated soil
or debris not subject
to 35
Ill. Adm.
Code 702,
703
and 720 through 726,
or
40 CFR 260 through 270
(1986)
until November
8,
1988;
or
3)
The initial generator’s solvent waste
is
a solvent-
water mixture, solvent-containing sludge
or solid,
or solvent-contaminated soil
(non-CERCLA or non-
RCRA
corrective action)
containing
less than
1
percent total FOOl through F005 solvent
constituents listed
in Table A of Section 728.141.
b)
Effective November
8, 1988,
the FOOl through FOOS
solvent wastes listed
in subsections
(a)(l),
(a)(2)
or
(a)(3)
are prohibited from land disposal.
Between
November
8,
1986,
and November
8,
1988,
wastes included
in subsections (a)(1),
(a)(2)
or (a)(3) may be disposed
of
in
a landfill
or surface
impoundment only
if the
facility
is
in compliance with the requirements
specified
in Section 728.105(h)(2).
c)
The requirements of subsections
(a) and
(b) do not apply
if:
1)
The wastes meet the standards of Subpart
D;
or
2)
Persons have been granted an exemption from a
prohibition pursuant
to
a petition under Section
728.106, with respect
to those wastes and units
covered
by the petition;
or
3)
Persons have been granted
an extension to the
effective date of
a prohibition pursuant to Section
728.105, with respect to those wastes and units
covered
by the extension.
79-891
—20—
Section 728.131
Waste Specific Prohibitions
-—
Dioxin—
Containing Wastes
a)
The dioxin-containing wastes specified
in 35
Ill.
Adin.
Code 721.131 as USEPA Hazardous Waste Numbers FO2O,
FO21,
F022,
F023,
F026, F027 and F028 are prohibited
from land disposal.
b)
The requirements
of subsection
(a)
do not apply
if:
1)
The wastes meet the standards of Subpart D;
or,
2)
Persons have been granted
an exemption from
a
prohibition pursuant
to a petition under
Section
728.106, with respect
to those wastes and units
covered by the petition;
or
3)
Persons have been granted
an extension from
the
effective date of
a prohibition pursuant to Section
728.105, with respect
to those wastes and
units.
covered by the extension.
c)
Between November
8,
1986,
and November
8,
1988,
wastes
included
in subsection
(a) may be disposed of
in
a
landfill
or surface
impoundment only
if
the facility
is
in compliance with the requirements specified in
40 CFR
268.5(h)(2)
(1987) and all other
applicable requirements
of
35
Ill.
Adm. Code
724 and
725.
SUBPART
D:
TREATMENT STANDARDS
Section 728.140
Applicability of Treatment Standards
A restricted waste identified
in this Subpart may
be land
disposed without
further treatment only if an extract of the
waste
or
of
the treatment residual
of the waste developed using
the test method Appendix A does not exceed the value shown
in
Table A of Section 728.141 for any hazardous constituent listed
in Table A for
that waste.
A restricted waste
for which
a
treatment technology
is specified under
Section 728.142(a) may be
land disposed after
it
is treated
using that specified technology
or
an equivalent treatment method approved under
the procedures
set forth
in Section 728.142(b).
Section 728.141
Treatment Standards expressed
as
Concentrations
in Waste Extract
a)
Table A identifies
the restricted wastes and the
concentrations of their associated hazardous
constituents which may not
be exceeded
by the extract of
a waste or
waste treatment residual developed using
the
test method
in Appendix
A for the allowable land
disposal
of such waste.
(Appendix B provides guidance
on treatment methods that ~ave been shown
to achieve
the
79-892
—21—
Table A levels
for the respective wastes.
Appendix
B is
not a regulatory requirement but
is provided
to assist
generators and owners or
operators
in their selection of
appropriate treatment methods.)
b)
When wastes with differing treatment standards for
a
constituent of concern are combined for purposes of
treatment,
the treatment residue must meet the lowest
treatment standard
for the constituent of concern.
Section 728.142
Treatment Standards expressed as Specified
Technologies
a)
The
following wastes must
be treated using
the
identified
technology or technologies, or
an equivalent
method approved under
subsection
(b).
No technologies
are presently identified.
b)
Any person may submit an application
to the Agency
demonstrating that an alternative treatment method can
achieve
a level
of performance equivalent
to that
achieved by methods specified
in subsection
(a).
The
applicant shall submit
information demonstrating that
the applicant’s treatment method will
not present an
unreasonable risk
to human health or
the environment.
On the basis of such information
and any other available
information,
the Agency shall approve
the use of the
alternative treatment method
if the Agency finds that
the alternative treatment method provides
a level
of
performance equivalent
to that achieved by methods
specified
in subsection
(a).
Any approval must
be
stated
in writing and may contain such provisions and
conditions
as the Agency determines
to
be appropriate.
The person
to whom such certification
is issued shall
comply with all limitations contained
in such
determination.
Section 728.144
Adjustment of Treatment Standard
a)
Where
the treatment standard is expressed as
a
concentration
in
a waste or waste extract and
a waste
cannot be treated to
the specified level,
or where
the
treatment technology
is not appropriate
to the waste,
the generator
or treatment facility may petition the
Board
for
an adjusted treatment standard.
As
justification,
the petitioner shall demonstrate that,
because the physical
or
chemical properties of the waste
differ significantly from wastes analyzed in developing
the treatment standard, the waste cannot
be
treated
to
specified levels or by the specified methods.
b)
Each petition must
be submitted
in accordance with the
procedures
in 35
Ill.
Adin.
Code 106.
79-893
—22—
c)
Each petition must include the following statement
signed by the petitioner
or
an authorized
representative:
I
certify under penalty of law that
I have
personally examined and am familiar with the
information submitted
in this petition and all
attached documents,
and that,
based on my inquiry
of those
individuals immediately responsible for
obtaining
the information,
I believe that the
submitted
information
is true, accurate
and
complete.
I am aware that there are significant
penalties for submitting false
information,
including the possibility of fine and imprisonment.
d)
After receiving
a petition for adjustment of
a treatment
standard,
the Board may request any additional
information
or samples which are necessary to evaluate
the petition.
e)
The Board will give public notice and provide
an
opportunity for public comment, as provided
in
35
Ill.
Adm. Code 106.
The
final decision on
an adjusted
treatment standard will
be published in the
Environmental Register.
f)
A generator, treatment facility or disposal facility
that
is managing
a waste covered by an adjusted
treatment standard shall comply with the waste analysis
requirements for restricted wastes found
under Section
728. 107.
g)
During
the petition review process, the applicant is
required to comply with all restrictions on land
disposal under
this Part once
the effective date for
the
waste has been reached.
SUBPART
E:
PROHIBITIONS
ON STORAGE
Section 728.150
Prohibitions on Storage of Restricted Wastes
a)
Except as provided
for
in this Section, the storage of
hazardous wastes restricted from land disposal
under
Subpart
C is prohibited,
unless the following conditions
are met:
1)
A generator stores such wastes
in tanks or
containers on-site solely
for
the purpose of the
accumulation of such quantities
of hazardous waste
as necessary to facilitate proper recovery,
treatment or disposal
and the generator complies
with the requirements
in 35
Ill. Adm. Code
722.134.
(A generator who
is
in existence on the
effective date of
a regulation under
this Part and
79.894
—23—
who must
store hazardous wastes
for
longer than
90
days due
to the regulations
under this Part becomes
an owner
or operator
of
a storage
facility and must
obtain
a RCRA permit,
as required by
35
Ill. Adm.
Code 703.
Such
a facility may qualify for interim
status upon compliance with the regulations
governing interim status
under
35 Ill.
Adxn.
Code
703.153).
2)
An owner
or operator of a hazardous waste
treatment, storage or disposal facility stores such
wastes in tanks
or containers solely
for the
purpose of the accumulation of such quantities of
hazardous waste
as necessary to facilitate proper
recovery, treatment or disposal
and
A)
Each container
is clearly marked to
identify
its contents and the date each period of
accumulation begins;
B)
Each tank
is clearly marked with a description
of its contents, the quantity of each
hazardous waste received and the date each
period of accumulation begins,
or such
information
is recorded
and maintained
in the
operating
record at the facility.
Regardless
of whether
the tank itself
is marked, the
owner
and operator shall comply with
the
operating record requirements
of
35 Ill.
Adm.
Code 724.173 or
725.173.
3)
A transporter
stores manifested shipments of such
wastes at a transfer facility for
10 days
or less.
b)
An owner
or operator of
a treatment, storage
or disposal
facility may store such wastes for
up
to one year unless
the Agency can demonstrate
that such storage was not
solely
for the purpose of accumulation of such
quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment or disposal.
C)
An owner
or operator
of
a treatment, storage or disposal
facility may store such wastes beyond one year;
however,
the owner
or operator bears
the burden of proving that
such storage was solely
for the purpose of accumulation
of such quantities
of hazardous waste
as are necessary
to facilitate proper
recovery, treatment or disposal.
d)
The prohibition
in subsection
(a) does not apply
to the
wastes which are the subject of an approved petition
under Section 728.106,
a nationwide variance contained
in Subpart
C or
an approved case-by-case extension under
Section 728.105.
79-895
—24—
e)
The prohibition
in subsection
(a)
does not apply to
hazardous wastes that meet the treatment standards
specified under
Sections 728.141,
728.142 and 728.143
or
the adjusted treatment standards specified under
Section
728. 144.
Table A
Constituent Concentrations in Waste Extract
Concentration
FOOl
——
F005 Spent Solvents
Wastewaters
(in mg/L)
All other
containing
spent
spent
solvent
solvents
wastes
Acetone
0.05
0.59
n-Butyl alcohol
5.0
5.0
Carbon disulfide
1.05
4.81
Carbon tetrachloride
0.05
0.96
Chlorobenzene
0.15
0.05
Cresols
(and cresylic acid)
2.82
0.75
Cyclohexanone
0.125
0.75
l,2—Dichlorobenzene
0.65
0.125
Ethyl acetate
0.05
0.75
Ethylbenzene
0.05
0.053
Ethyl
ether
0.05
0.75
Isobutanol
5.0
5.0
Methanol
0.25
0.75
Methylene chloride
0.20
0.96
Methylene chloride
(from the
pharmaceutical
industry)
12.7
0.96
Methyl ethyl ketone
0.05
0.75
Methyl
isobutyl ketone
0.05
0.33
Nitrobenzene
0.66
0.125
Pyridine
1.12
0.33
Tetrachloroethylene
0.079
0.05
Toluene
1.12
0.33
l,l,1—Trichloroethane
1.05
0.41
1,l,2—Trichloro—l,2,2—trifluoroethane
1.05
0.96
Trichloroethylene
0.062
0.091
Trichlorofluoromethane
0.05
0.96
Xylene
0.05
0.15
79.896
—25—
F020
--
F023
and F026
——
F028
Concentration
Dioxin Containing Wastes
(Maximum)
HxCDD
--
All Hexachlorodibenzo-p-dioxins
HxCDF
--
All
Hexachlorodibenzofurans
PeCDD
--
All Pentachlorodibenzo-p-dioxins
PeCDF
--
Al.
Pentachlorodibenzofurans
TCDD
--
All Tetrachlorodibenzo—p-dioxins
TCDF
—-
All Tetrachlorodibenzofurans
2,4, 5-Trichlorophenol
2, 4,6—Trichlorophenol
2,3,4, 6—Tetrachlorophenol
Pentachlorophenol
Appendix A
Toxicity Characteristic Leaching Procedure
(TCLP)
The Board incorporates by reference
40 CFR 266, Appendix
I,
as
adopted
at
51 Fed.
Reg.
40636, November
7,
1986,
and amended at
52 Fed.
Reg.
21010, June
4,
1987.
This incorporation includes no
future editions
or amendments.
Appendix B
Treatment Standards
(As concentrations in the
Treatment Residual Extract)
The Board incorporates
by reference 40 CFR 268, Appendix
II,
as
adopted at
51 Fed.
Reg.
40636, November
7, 1986.
This
incorporation includes no future editions or amendments.
1 ppb
1 ppb
1 ppb
1 ppb
1 ppb
1 ppb
0.05 ppm
0.05 ppm
0.10 ppm
0.01 ppm
79-897
