ILLINOIS POLLUTION CONTROL BOARD
October
2, 1986
IN THE MATTER OF:
HAZARDOUS WASTE PROHIBITIONS
)
R 86—9,
Docket A
PROPOSED EMERGENCY RULE.
PROPOSED OPINION AND ORDER OF THE BOARD
(by J.
D.
Duinelle):
At today’s meeting the Board adopted
a proposed opinion and
order allowing for public comments
to be submitted on or before
October 16, 1986.
The Board also directed that significant
changes be made to the draft opinion and order
it had before it
at the time of the vote.
The Board specifically directed the
following:
1)
The definition of “Land Disposal Unit” contained
in
Section 709.110 be amended
to state as follows:
“As
used
in this Part,
a ‘land disposal unit’
means any
landfill,”
which would become subsection
(a), subsuming
subsection (a)(l).
2)
Subsection (a)(2),
regarding surface impoundments and
waste piles would be added as new subsection (b)(5)
and
subsection (a)(3), regarding land treatment units,
would become new subsection (b)(6).
Thus,
these
subsections would become exclusions from the “land
disposal unit” definition.
3)
Other sections of the proposed rules which are impacted
by the change should be amended
to ensure that no
substantive changes are made to the scope of the
halogeriated solvents rules and the liquid hazardous
waste
rules which have been integrated with the Section
39(h)
rules as explained below.
4)
Make any necessary changes to the proposed opinion.
Given the complexity of the third and fourth directions and
the short period of time allowed for public comment,
instead of
setting forth the particular language changes to the opinion and
order which have been directed, the Board
is simply issuing the
agreed upon opinion and order absent those changes noted above in
conjunction with
this statement of intent.
Docket R86—9 was established by order
of February 26,
1986,
in order
to consider the implementation of rules pursuant to
Section 39(h)
of the Illinois Environmental Protection Act
(Act)
73-1
—2—
which prohibits the deposit of all hazardous wastestreams
in a
permitted hazardous waste site commencing January
1,
1987,
“unless specific authorization is obtained from the
Illinois
Environmental Protection Agency
by the generator and the
disposal site owner
and operator.”
On June 11, 1986,
the Board
proposed rules to implement that program.
Four days of hearings
were held to consider that proposal on August 13 and September
3
through
5,
1986.
Several post—hearing comments have been filed.
At hearing the Board raised
the possibility of proceeding to
an emergency rulemaking prior to adoption of final, permanent
rules.
Since
the Board has decided to adopt such rules,
the
Board will open a new docket, R86—9, Docket A, for that
purpose.
The record will include all materials presently part of
R86—9, which are hereby incorporated by reference.
The materials
will
remain part of the general rulemaking as well, which will
become Docket B.
Some question has been raised by Citizens for
a Better
Environment
(CBE)
regarding the Board’s authority to adopt
emergency rules
in this matter.
(P.
C. No.
4, pp.
3—5).
CBE
correctly points out that in adopting an emergency rule the Board
must find that an “emergency”
(“a
situation which
...reasonably
constitutes a threat to the public interest, safety or welfare”)
exists which “requires the adoption of a rule upon fewer days
than is required by Section 5.01”
of the Administrative Procedure
Act (APA), citing Section 5.02 of the APA.
CBE argues that these
criteria have not been met.
The Board disagrees.
It
is already impossible
for the Board
to adopt rules
consistent with the usual APA procedures prior
to the effective
date of Section 39(h).
Furthermore, presuming
a 90—day period
for the Agency to take final action on wastestream applications,
in order
for an applicant to be assured
that it will receive
a
timely wastestream authorization, the application would have had
to be filed on or before approximately October
1,
1986.
Thus,
to
the extent that these rules govern the necessity for,
or content
of, applications, in
a practical sense
they are already too late.
The Board fully understands that there may be little effect
on the public safety caused by the adoption of these emergency
rules.
However, these
rules are expected
to have
a substantial
impact on the regulated community and the functions of the Agency
regarding the wastestream authorization process itself.
As
pointed out by the Illinois Environmental Regulatory Group
(IERG)
“exercise of the Board’s rule making authority under Section 27
of the Act
is here particularly appropriate
in order
to properly
guide the implementation of
...
the ‘ambiguous provisions of
Section 39(h).’
...IERG believes that a basic framework setting
forth the concepts of Section 39(h)
is needed to
(1) define the
scope of Section 39(h)
and
(2)
fix the parameters of Agency
discretion in issuing waste stream authorizations.”
(Ex.
3,
p.
4).
Finally, IERG concludes that “absent a Board rule making,
73-2
—3—
the only avenue available
to those who do not understand or
disagree with the Agency’s position would be to seek
a judicial
determination of the meaning of Section 39(h),
or possibly
hundreds of individual challenges of Agency authorization
decisions.”
(Ex.
3,
pp 7—8).
The Board regrets the position in which
it now finds
itself.
Rules should have been adopted at least a year before
now to ensure an orderly implementation of Section 39(h), but
neither the regulated community nor the Agency came forth with
any proposal for consideration.
Clearly, the Agency has no authority under Section 39(h)
to
adopt substantive rules
to implement it.
While the Agency has
issued a memorandum (see Ex.
11)
setting forth its interpretation
of Section 39(h), those interpretations are not binding and at
best provide an indication of how the Agency intends
to deal with
the Section 39(h) process
in the absence of Board rules or case
law.
Furthermore,
the only public hearings which have been held
to date are those which were held
in this proceeding,
and now the
regulated community,
the Agency and the Board are faced with the
unfortunate
task of implementation of a generally worded statute
without having resolved several important questions regarding
that implementation.
To the extent that the Board can clarify
those issues, especially regarding the scope of Section 39(h)
and
the extent of Agency discretion,
uncertainty can be minimized.
In turn,
the regulated community will be better able
to determine
under what circumstances a wastestream authorization is required
and to support its requests, the Agency will
be better guided in
making its determinations regarding those requests, and,
hopefully, fewer appeals to
the Board will be necessary.
Such a
situation is much preferable
to either judicial or case—by—case
determinations of the meaning of Section 39(h), which would be
wasteful
of both the state’s resources and those of the regulated
community,
and delay in addressing theses uncertainties can
undermine timely enforcement.
Furthermore, the Board anticipates the adoption of final
rules during 1987.
Those rules will likely differ
significantly
from the “guidelines” under which the Agency intends to operate
in the absence of rules, but will probably not differ as greatly
from the emergency rules which are today being proposed.
Thus,
the adoption of these rules should serve to ease the transition
period when
final rules are adopted.
Finally,
the Board notes that an argument can be made that
Section 39(h)
is not self—effectuating and will not become
effective
in the absence of Board
rules.
The adoption of
emergency rules would remove this argument and assure that the
legislative intent that Section 39(h) become effective on January
1,
1987, will
be fulfilled.
73-3
—4—
For all of the foregoing reasons the Board
finds that an
emergency exists which reasonably threatens the public interest
and welfare and which requires the adoption of rules upon fewer
days than would be required by Section 5.01 of the APA.
Obviously,
in proposing these emergency rules, the Agency,
the public,
the regulated community and the Board would all be
best served
if
a complete set of rules could be adopted which the
Board could
be reasonably confident were
in a form which would
likely be adopted as final
rules.
Unfortunately, that
is not
possible at this time.
The implementation of Section 39(h)
is
complex and the present record does not contain sufficient
information to support a comprehensive regulation.
Thus., the
Board will simply propose those rules which
it believes are
adequately supported and which it believes are likely to remain
in substantially the same form in final
rules.
In general, the Board has decided
to adopt rules
in a form
similar
to that which were proposed on June 11,
1986.
That
format allows the integration of the halogenated solvents rules
(R8l—25),
the liquid hazardous waste rules
(R83—28C)
and the
Section 39(h)
rules.
In proposing these emergency rules the
Board does not intend
to cause any substantive change to the
liquids or solvent rules
(except for Section 709.501, discussed
below).
Since the June 11,
1986 Opinion discusses each of the
proposed rules, the Board will not repeat those justifications.
Rather, the Board will discuss the changes made to that proposal
and respond to arguments which have been raised during the ~course
of this proceeding.
Section 703.142:
This section has been deleted.
In Public
Comment No.
1
the United States Environmental Protection Agency
(USEPA) has stated that the RCRA permit by rule which would have
been allowed by this section would conflict with federal
requirements of the Resource Conservation and Recovery Act
(RCRA).
Thus,
it would conflict with Section 20(b)
of the Act
which requires the Board
to adopt rules consistent with RCRA.
The Board has attempted
to accomplish the stated purpose of this
section through the adoption of Section 729.l22(g)(5) which is
discussed below.
Section 709.100:
Unchanged.
Section 709.102:
The Board has modified the definitions of
“Original Generator”
and “Wastestream”
in order
to delete the
concept that a waste ceases to exist
for purposes of Section
39(h).
That concept, which has caused considerable confusion,
was proposed
in order
to lessen the burden on the Agency in
processing wastestream authorizations.
The duplicative process
of requiring authorizations to be obtained by both the original
generator and the treater appeared to result in little potential
73.4
—5—
for greater environmental protection.
However, even the Agency
has recommended that the cease to exist concept be dropped, and a
literal reading of Section 39(h)
does not appear
to authorize
such an exemption.
Section 709.106:
This
is a new section, which addresses the
request of
IERG that the Board articulate
the effect that both
Section
39(a)
of the Act and Section 16(b)
of the Administrative
Procedures Act
(APA)
have on the application.
Section 39(h) does not by its terms incorporate Section
39(a);
it does,
however, incorporate Section 40(a) which in turn
back—references Section 39.
The Agency’s testimony is replete
with references to the 90 day time constraints
of Section 39(a)
(see, e.g. R.50l,
526, 527—528), and no other hearing
participants challenged the interpretation of the Agency.
The
Agency also has, of necessity,
tied the wastesteam authorization
process to the supplemental permit system,
a system clearly
subject to Section 39(a).
The Board notes that the issuance of a
wastestream authorization by default is very remote,
given the
experience with the default mechanism as applied
to other Section
39(a) permits.
As to the APA,
in addition to reciting the unchallenged
applicability of Section 16(b), the rule includes a construction
of the words “timely” filed.
This construction has no effect on
the Agency’s decision time frame under Section 39(h); decision on
an application filed November 1st remains due on or about
February
1.
Agency forms have been available for only a month,
and only today is the scope of
the information to be considered
being articulated.
Therefore,
under all these circumstances, the
Board believes that
it
is reasonable to construe prompt
application, within the month, timely filing,
for APA purposes
only.
Section 709.110:
The Board has retained the concept of a land
disposal unit in order
to integrate the various disposal
prohibitions.
IERG has stated
its belief that this new
terminolbgy “invites unintended mischief.”
(Ex.
3,
p.
8).
The
Agency,
even less kindly, states that “the new term
is obviously
necessary to circumvent the statutorily—fixed terms
‘disposal’
and
‘hazardous waste disposal site.’
It is axiomatic
that the
new term and definition are contrary to law.”
(P.
C. No.
3, pp.
3—4).
The Board, obviously, does not agree.
As stated above,
the reason ~or the term
is to integrate the various disposal
programs without altering the present scope
of the liquids or
solvents rules and without contravening Section 39(h).
Even
without resort
to this new term, the Board would have made the
same decisions regarding the scope of Section 39(h).
Considerable testimony was presented at hearing regarding
the various exclusions
under Section 709.110(b)
centering on the
proper interpretation of the words “deposit” and “disposal”
in
73-5
—6—
Section 39(h).
That section states that
“a hazardous waste
stream may not be deposited
...
unless specific authorization is
obtained from the Agency and the disposal site owner and operator
for the deposit of that specific hazardous waste stream.
the
Agency may grant specific authorization for disposal
of hazardous
waste streams only after” the requisite demonstrations have been
made (underlining added).
IERG argues that the use of the term deposit
is narrower
than disposal pursuant to the definition of disposal
in Section
3(e)
of the Act which states: ~Disposa1” means the discharge,
deposit,
injection, dumping, spilling, leaking or placing of any
waste
...“
(underlining added).
(Ex.
3,
p. 9).
Since the
legislature could have easily used the term ~disposa1” rather
than “deposit” as the key term in Section 39(h),
a narrow
definition which distinguishes deposit from injection or
discharge must have been intended.
The Agency and CBE on the other hand argue that the
legislature uses the words “deposit” and “disposal”
interchangeably and
in fact used both terms in Section 39(h) such
that no such conclusion can be reached and the statute should be
construed broadly.
(P.
C. No.
3, pp.
3—5 and P.
C. No.
4, pp. 7—
9).
The Board finds that the use of the word deposit
in the
operative language establishing the prohibition was meant
to be
construed narrowly as distinguished from disposal.
The
legislature could easily have used the words “dispose” or
“disposal”
throughout if the general meaning had been intended.
This finding
is further supported by the legislative history of
the provision which focuses on landfilling.
(See Exs.
5 and
6).
Nowhere
in the legislative debates is underground injection
or discharge
to
a sewer discussed.
Furthermore,
the General
Assembly has adopted Section 6.2 of the Act which requires the
Department of Energy and Natural Resources to conduct a study of
the underground injection of hazardous waste leading toward
a
recommendation “as to whether
...other technologies pose less
risk to the public health and safety
...
and whether additional
restrictions should be imposed.”
This legislation, which was
adopted subsequent to Section 39(h),
indicates that the General
Assembly had not at that time determined whether underground
injection should be encouraged or discouraged.
If the Board were
to construe Section 39(h)
to apply to underground injection wells
it would be making that decision for the legislature without
allowing
it to consider the results of that study and
to reach
its own conclusions.
The Board realizes that thus issue
is not clear cut.
However,
if the Board is construing the provision too narrowly,
the legislature can certainly amend
the statute to clarify the
intended scope of Section 39(h).
73-6
—7—
Minor wording changes were made to subsection
(a)
for
purposes of clarity and proposed subsection (b)(2) was deleted
consistent with the decision to drop the cease to exist concept,
and the remaining subsections were renumbered.
Section 709.200:
Unchanged.
Section 709.201:
Subsection
(c) was amended
to exclude surface
impoundments and land treatment units from the liquid hazardous
wastes rules to maintain consistency with the existing rules.
Section 709.202:
The citation in subsection
(a)
to Section 22.1
of the Act has been corrected
to Section 22.7.
Language has been
added to subsection
(b)
to exempt spill responses by the Agency
pursuant to Section 4(s)
of the Act from the wastestream
authorization process.
Section 709.301:
The proposed amendments have been deleted
to
avoid the conflict between this rule and the Agency’s application
form.
The section will remain applicable
to liquid hazardous
waste applications.
Section 709.310:
Subsections
(C)
and
(d)
have been added
for
clarity.
The language is drawn from Section 807.205.
Section 709.311:
Deleted since this section applies only to
liquid hazardous waste applications which the Board does not
intend to change at this time.
Section 709.312:
Deleted at this time as unnecessary.
It was
simply proposed
to restate the law for purposes of notice.
Section 709.400:
Unchanged.
Section 709.401:
Unchanged.
Section 709.402:
Unchanged.
Section 709.403:
This incorporates the “reasons for denial”
requirement of Section 39(a),
in language which is drawn from the
statute.
Section 709.404:
This language is drawn nearly verbatim from
that of Section 807.205, and has not been rephrased for the sake
of procedural conformity of the wastestream authorization system
with existing systems.
Among other
things, the rule allows, and
specifies the time frames,
for Agency determination to an
applicant that a permit
is incomplete,
and provides for appeal of
such determination.
It also provides that,
as
in land permit
situations,
the appeal period starts with the date of mailing
rather than the date
of receipt.
73-7
—8—
Section 709.501:
This section has been modified
to remove the
minimum duration of any wastestream authorization.
This is the
only change
to the rules applicable
to prohibitions other than
pursuant to Section 39(h).
Since proposed Section 729.122(g)
allows the Agency to impose temporary conditions which may be of
a duration of less than one year regarding a Section 39(h)
wastestream authorization, such a minimum period would
be
inappropriate.
Further, since the wastestream authorization
process has been integrated into
a single process,
it is
appropriate to have this change applicable to non—39(h)
authorizations as well.
Section 709.510:
Unchanged.
Section 709.520:
The amendment has been deleted.
Thus,
this
section remains
in its present form.
Section 729.100:
Unchanged.
Section 729.102:
The numbering has been corrected from 729.103
and the same changes have been made for the same reasons as those
made to 709.102.
Section 729.110:
The language of subsection (b)(1) has been
changed to specifically reference Sections 729.111 and 729.112
which are the only technical standards which the Board
is
proposing at this time.
The proposed Subpart D technical
standards have been deleted from this proposal
as noted below and
should not be referenced.
Section 729.112:
Subsection
(b) has been reworded as suggested
at hearing
to more clearly reflect the intent of the rule.
As
previously drafted,
this showing would be virtually impossible to
make.
Sections 729.120 and 729.121:
These sections have been deleted
from the proposal.
The Board does not believe that the present
record contains adequate information
to support the adoption of
the ratio test for economic reasonability previously proposed as
Section 729.122(a).
Since Sections 729.120 and 729.121 define
the denominator
(baseline management option)
and the numerator
(waste management alternative)
for that ratio test, they are not
needed at this time.
Section 729.122:
This section has been amended significantly
from the proposal.
First,
as noted above, the ratio test has
been dropped.
Thus, the focus of the rule has changed.
The
present proposal simply sets forth those factors which the Board
has determined that the Agency may or may not properly consider
when making
a determination of economic reasonableness.
The Board has added
a provision that the Agency shall not
consider process substitutions or waste minimization.
This
73-8
—9—
concept was discussed at length at hearing, and the Board finds
that Section
39(h)
is directed toward what can or cannot be done
with. regard to wastestreams which result at the end of a process
and not whether the process can be changed
to result
in less
waste or less hazardous waste.
Nowhere
in Section 39(h)
is
either process substitution or waste minimization discussed.
Further, to require applicants
to detail all potential process
changes and the various factors
(many of which will not be
environmental) which are involved
in determining what process
will be used would
be onerous and would require the Agency to
make determinations which extend well beyond its areas of
expertise.
Finally, under
the RCRA rules, generators are already
required to consider and implement reasonable waste reduction
process changes.
Considerable testimony was presented regarding whether the
agency can require partial treatment of
a wastestream such that
the wastestream is rendered less hazardous,
but not
nonbazardous.
The statute specifically directs the Agency
to
consider whether the wastestream can be rendered nonhazardous
which could be construed to limit the Agency to that
consideration as IERG contends.
(Ex.
3,
p.
20).
However, the
Agency is also empowered
to “impose such conditions as may be
necessary to accomplish
the purposes of the Act,” and the Board
believes that the intent of the Act is to require treatment where
treatment can be accomplished
in an economically reasonable and
technically feasible manner.
Such a view should not result in “treatment for treatment’s
sake”
as IERG fears.
Under proposed Section 729.123(b)
treatment
cannot be required unless the risk to the public health and
environment is decreased through such treatment.
Thus,
the only
treatment which could be required by the Agency
is that which is
economically reasonable and which benefits the public,
which
certainly does not constitute “treatment
for treatment’s sake.”
The Board has also disallowed the Agency from considering
unrelated information regarding the applicant’s other permits.
This provision has been added at the request of the IERG to
ensure that the wastestream authorization requirement cannot be
used as an enforcement tool against a generator who may be in
violation of unrelated permit requirements.
Certainly, Section
39(h) was never
intended
to be used
in that manner.
However, the
suggested language has been modified
to ensure that the Agency
can take into consideration relevant information which it has
received in connection with other permits.
The Board has added a provision at 729.l22(g)(5)
in an
attempt to achieve the goal of previously proposed Section
703.142 which has been deleted as noted above.
Subsection
(g)
allows the Agency
to impose conditions based on temporary
factors, one of which is the need to obtain RCRA permits to
install
or operate any treatment or storage units which may be
73-9
—10—
necessary to implement an otherwise economically reasonable
disposal alternative.
For example,
if there
is a known
economically reasonable treatment alternative but the equipment
cannot be constructed or operated solely because the applicant
does not have the necessary RCRA permits, the Agency may grant a
wastestream authorization for
a period of time which is
calculated
to allow for the procurement of the necessary permits
and the construction of the equipment.
The other factors of this section remain largely unchanged.
Section 729.123:
This section has been modified to state that a
waste management alternative
is technologically feasible only if
the alternative has been demonstrated in actual operation rather
than on a pilot scale.
Under subsection
(c), however,
if the
Agency has reason to believe that an alternative will become
technologically feasible at some future
time, the wastestream
authorization may be limited
in duration until such time as the
alternative
is likely to become feasible.
Section 729.124:
This section has been deleted.
While the Board
believes that the proposed rule is a good first attempt at
defining the phrase ‘cannot be recycled for reuse,” the record
points out some of the shortcomings of this probably overly
simplistic
rule.
Unfortunately, the record
is insufficient to
support any alternative rule at this time.
This question will,
therefore, be dealt with at a later time.
Sections 729.200, 729.203,
729.204,
729.220, 729.240, 729.241,
729.242,
729.301,
729.310, 729.311 and 729.313:
These sections
are all unchanged except that Section 729.303 was corrected
to
729.203 and 729.310(d)
has been modified consistent with the
modification of Section 709.201.
Sections 729.400, 729.410 and 729.411:
Each of these sections
has been deleted because the present record does not contain
sufficient support for these technical standards for residuals
from treatment.
The Board does, however, hope that such
technical standards can be developed during the course of Docket
B in that such standards could greatly clarify and simplify the
wastestream authorization process for
a significant number
of
generators.
73-10
—11—
ORDER
The Board hereby proposes the following emergency rules
for
public comments which must be filed on or before October 16,
1986:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART 709
WASTESTREAM AUTHORIZATIONS
SUBPART A:
GENERAL PROVISIONS
Section
709.100
709.102
709.103
709.104
709.105
709.106
709.110
Purpose, Scope and Applicability
Defini
t
ions
Deemed—issued Wastestream Authorizations
Expiration of Supplemental Permits
Severability
Deemed—Issued Wastestream Authorization Pursuant to 35
Ill.
Adm. Code 709.200
Land Disposal Unit
SUBPART B:
PROHIBITIONS
Hazardous Waste Authorization
Liquid Hazardous Waste Authorization
Exemptions
SUBPART C:
APPLICATIONS
General Application ~e~’
~t~d He~e~ei~e
We~e
Signatures
General Hazardous Waste Application
Liquid Hazardous Waste Application
Other Prohibitions
SUBPART D:
REVIEW OF WASTESTREAMS
Ge’neral Standard for Issuance
Standard for Issuance for Liquid Hazardous Waste
Negative Finding
Denial
of Wastrestream Authorization
Time Requirements for Agency Action
Section
709.200
709.201
709.202
Section
709.301
709.302
709.310
709.311
709.312
Section
709.400
709.401
709.402
709.403
709.404
73-11
—12—
SUBPART
E: CONDITIONS OF
WASTESTREAM AUTHORIZATIONS
Section
709.501
Duration
709.510
General Conditions
709.520
Authorized Methods of Disposal
SUBPART F:
MODIFICATION,
REVOCATION AND APPEAL
Section
709.601
Modification
709.602
Revocation
709.603
Appeal
AUTHORITY:
Implementing Sections 22.6 and 39(h)
of the
Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
111 1/2,
pars.
1022.6
and 1039(h))
and authorized by Section 27 of the
Environmental Protection Act
(Ill. Rev.
Stat. 1985,
ch.
111 1/2,
par.
1027).
SOURCE:
Emergency rule adopted
in R83—28A at 8 Ill. Reg.
12678,
effective July 5, 1984,
for
a maximum of 150 days;
adopted in
R83—28B at
9
Ill. Reg.
730, effective January
3,
1985;
amended in
R83—28C at 10
Ill. Reg 4875,
effective March
7, 1986;
amended
in
R86—9
at 10
Ill. Reg
,
effective
NOTE:
Capitalization is used to indicate that the language
quotes or paraphrases a statute.
SUBPART A:
GENERAL PROVISIONS
Section 709.100
Purpose, Scope and Applicability
a)
This Part provides
for the issuance by the Environmental
Protection Agency of wastestream authorizations required
by Sections 22.6 and 39(h)
of the Environmental
Protection Act
(Act).
b)
This Part applies
to generators of hazardous waste as
specified
in Subpart B.
c)
35 Ill.
Adrn.
Code 729 contains technical standards which
are to be used
to determine in what manner
a waste can
be managed.
(Source:
Added at 10 Ill. Reg.
,
effective
73-12
—13—
Section 709.102
Definitions
The following definitions ef ~5
Adm~
eede
9~6~
apply to this Part7 4~ne~d~t~en
te t~efe~ew4ngterMs:
“Act” means the Environmental Protection Act (Ill. Rev.
Stat.
1983,
ch. 111 1/2, par. 1001).
“Agency” means the Illinois Environmental Protection
Agency.
“Board” means
the Illinois Pollution Control Board.
“Generator”
is as defined in 35
Ill. Adm. Code 720.110.
“Hazardous Waste”
is a hazardous waste as defined at 35
Ill.
Adm. Code 721.103.
“Hazardous wastestream” means
a “wastestream” which
includes a “hazardous waste.”
“Land disposal unit”
is as defined
in Section 709.110.
“Liquid hazardous waste”
is as defined
in
35 Ill. Adm.
Code 729.301.
“Original generator”
is
a person who generates
hazardous waste as
a result of an activity or
production process other
than the treatment of
hazardous waste.
“Residual”
i.s any material other than
a gas which
remains after,
or
is generated by, the treatment of
a
hazardous waste.
A “residual” may itself be a
“hazardous waste.”
“Treater”
is a person who engages
in treatment of
hazardous waste.
A “treater” may be
a “generator,” but
not the “original generator.”
“Treatment”
is as defined
in
35 Ill. Adm. Code 720.110.
“Wastestream” means a “solid waste” as defined in 35
Ill. Adm. Code
721, which
is routinely or periodically
produced by a certain generator as a result of
a
certain activity, production process or treatment
process.
The Agency may issue multiple wastestream
authorizations for
a single wastestream, each
identifying a different disposer
or disposal method.
The Agency may allow the combination of wastestreams
into a single wastestream
if such combination does not
limit the possibilities for treatment, recycling or
disposal
of the wastes.
73-13
—14—
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 709.106
Deemed—Issued Wastestream Authorizations
Pursuant to 35
Ill. Adm. Code 709.200.
fl
Wastestream authorizations shall be deemed issued
if
the Agency fails to act within 90 days of the filing of
the wastestream application as required by 35
Ill.
Adm.
Code 709.404.
The wastestream authorization shall
be
deemed_issued_for
the same time period as a permit
deemed issued pursuant to Section 39(a)
of the Act.
2)
Wastestream authorizations shall be deemed issued under
the circumstances and for the time periods specified
in
Section 16(b)
of the Illinois Administrative Procedure
Act
(Ill. Rev.
Stat.
1985,
ch.
127,
par. 1016(b)),
if
a
timely and sufficient application has been filed.
Applications filed with the Agency on or before
November
1, 1986
shall be deemed timely filed
for the
purposes of this subsection.
3)
Upon written request by the applicant,
the Agency shall
issue
a statement that
a wastestream authorization has
been deemed issued pursuant
to subsections
1)
or 2),
above.
Section 709.110
Land Disposal Unit
a)
As used
in this Part,
a “land disposal unit” means any
“hazardous waste management unit”
as defined
in 35 Ill.
Adm Code 720.110, unless that unit
is specifically
excluded under subsection
(b). Without limiting the
generality of
this definition, the following
ar.e
examples of land disposal units:
fl
A landfill
2)
A surface impoundment or waste pile, unless the
owner or operator demonstrates, by way of a
closure plan pursuant
to 35 Ill. Adm. Code 724.212
or 725.212,
that all wastes and waste residues
will be removed from the unit prior
to or upon
closure
3)
A land treatment unit, unless the owner
or
operator demonstrates, pursuant
to 35 Ill. Adm.
Code
724.372, that the hazardous constituents
in
the waste can be completely degraded,
transformed
or immobilized
in the treatment zone.
73-14
—15—
b)
Specific exclusions.
The following hazardous waste
management units are not land disposal units:
1)
A storage
or treatment unit, including an
incinerator,
for which the owner
or operator
demonstrates, through
a closure plan pursuant to
35
Ill. Adm. Code
724.212
or 725.212,
that all
wastes and waste residues will be removed from the
unit prior
to or upon closure
2)
A discharge of water
from a treatment unit
to a
publicly owned treatment works
(POTW), provided
the discharge
is
in compliance with applicable
pretreatment requirements imposed by the POTW.
3)
A discharge of water from
a treatment unit
to
waters of the State, provided such discharge is
authorized
by an NPDES permit issued pursuant to
Section 39(b)
of the Act and 35
Ill.
Adm. Code
309.
4)
An underground injection well for which the Agency
has issued
a UIC permit pursuant
to Section 39(e)
of the Act and 35 Ill. Adm. Code
704.
(Source:
Added at 10
Ill. Reg.
,
effective
SUBPART B:
PROHIBITIONS
Section 709.200
Hazardous Waste Authorization
a)
Hazardous wastes. NO HAZARDOUS WASTESTREAM MAY BE
DEPOSITED IN ANY PERMITTED LAND DISPOSAL UNIT OF A TYPE
IDENTIFIED IN SUBSECTION
(c) UNLESS A WASTESTREAM
AUTHORIZATION HAS BEEN ISSUED FOR THE DEPOSIT OF THAT
WASTESTREAM (Section 39(h) of the Act).
b)
Residuals. No person shall engage
in the treatment of a
hazardous_wastestream and cause, threaten or allow the
deposit of any residual from such treatment in any land
disposal unit
of
a type identified
in Subsection
(c)
unless
the Agency has issued a wastestream
authorization for that wastestream.
c)
This Section applies to all land disposal
units as
defined
in Section 709.110.
(Source:
Added
at 10
Ill. Reg.
,
effective
)
Section 709.201
Liquid Hazardous Waste Authorization
7345
—16—
a)
Liquids:
NO PERSON SHALL CAUSE, THREATEN OR ALLOW THE
DISPOSAL IN ANY E~ANBP~~
bANB B~SP8SA~~3N~PeF A P~PE
~BENP~F~EB
~N
S~BSEQP~9N
+e+
e~
AN~ ~
HA~ARBO~S
WASPE ~NbBSS PHE A6BN~~HAS ~SS~3EBA WASPBS~’REAM
AUPH~R~A~9N
P8R ~HAP WASP~SPREAM~fSeet4en
.~6+e+
of t~eAet+~
b+
Res4due~s~
No
person s1’ie~engege ~n the treetmertt of
e
qt~d~e~erdet~sweste end ee~ee7tl~reetenor ~~ow
t~ed4epeee~tn eny ~endf4~
land disposal unit of a
type
identified
in
subsection
(C)
of
any
residual
from
such treatment unless the Agency has issued
a
wastestream
authorization
for
that
wastestream.
c)
This Section ~pplies to all types of land disposal
units identified
in Section 709.110, except surface
impoundments and land treatment units.
(Source:
Amended at 10
Ill. Reg.
,
effective
Section 709.202
Exemptions
The wastestream authorization requirement does not apply to:
a)
The Agency or its contractors with respect
to
management of wastes generated
as
a result of remedial
action pursuant
to Section 22.7 of the Act; and,
b)
The Agency, the United States Environmental Protection
Agency or their contractors with respect to wastes
generated
as
a result of remedial action pursuant to
the Comprehensive Environmental Response, Compensation
and Liability Act
(42 U.S.C.
9601 et seq.)
and spill
responses pursuant to Section
4
(s)
of the Act.
(Source:
Added
at 10 Ill.
Reg.
,
effective
SUBPART
C:
APPLICATIONS
Section 709.310
General Hazardous Waste Application
a)
If the applicant seeks an authorization to deposit a
hazardous wastestream
in
a permitted
land disposal
unit,
the applicant must provide,
by way of narrative
description and supporting evidence, proof that the
waste meets the standard
of Section 709.400(a)
and 35
Ill. Adm. Code
729.110(a).
b)
If
the
applicant
seeks
to
deposit
a
residual
from
the
treatment of
a hazardous wastestream
in
a land disposal
unit the applicant may provide proof that the residual
meets one of the standards of Section 709.400(b),
and
35
Ill. Adm. Code 729.110(b),
instead of proof pursuant
to subsection
(a).
73-16
—17—
C)
The Agency may prescribe the form in which all
information required under
this Section shall
be
submitted.
d)
All permit applications shall be mailed
or delivered to
the appropriate address designated by the Agency, and
shall be sent by registered
or certified mail, return
receipt requested or delivered in person.
Applications
which are hand-delivered shall
be delivered to and
receipted for by the Manager
of the Agency’s Division
of Land Pollution Control or his designee.
(Source:
Added
at 10 Ill.
Reg.
,
effective
)
SUBPART
D:
REVIEW OF WASTESTREAMS
Section 709.400
General Standard for Issuance
a)
THE AGENCY SHALL ISSUE A WASTESTREAM AUTHORIZATION FOR
THE DISPOSAL OF A HAZARDOUS WASTESTREAM IN A PERMITTED
LAND DISPOSAL UNIT ONLY AFTER THE GENERATOR HAS
REASONABLY DEMONSTRATED THAT THE WASTESTREAM MEETS THE
STANDARD OF
35 ILL. ADM.
CODE 729.110(a), AND THAT
LAND
DISPOSAL IS NOT PROHIBITED OR LIMITED BY BOARD
REGULATIONS.
(Section 39(h)
of the Act).
b)
Residuals.
The Agency shall
issue
a wastestream
authorization for the disposal
of
a residual from-the
treatment of hazardous waste
if the original generator
or
treater demonstrates that the residual either meets
the standard of subsection
(a), or:
1)
Is
a residual for which
the Board has promulgated
a technical standard under
35
Ill.
Adm. Code
729;
and,
2)
Will be managed
as provided
in that technical
standard; and,
3)
Meets the technical standard;
and,
4)
Is not otherwise restricted.
/
(Source:
Added at 10
Ill. Reg.
,
effective
Section 709.401
Standard
for
Issuance
for Liquid Hazardous
Waste
a)
Liquids:
THE AGENCY SHALL ISSUE A WASTESTREAM
AUTHORIZATION FOR THE LAND DISPOSAL OF A LIQUID
73-17
—18—
HAZARDOUS WASTE ONLY AFTER THE GENERATOR HAS REASONABLY
DEMONSTRATED THAT THE WASTESTREAM MEETS THE STANDARD OF
35
ILL. ADM. CODE 729.310(a), AND THAT LAND DISPOSAL IS
NOT PROHIBITED OR LIMITED BY BOARD REGULATIONS.
(Section 22.6(c)
of
the Act).
b)
Residuals:
The Agency shall
issue a wastestream
authorization for the land disposal of the residual from
the treatment of
a liquid hazardous waste
if end en~y4f
the original generator or treater demonstrates that the
residual either meets
the standard of subsection
(a)
or
meets one of the standards of 35
Ill. Adm. Code
729.310(b),
and that land disposal
is not prohibited or
limited by Board regulations.
e~
Negettve F~nd~n~-~
For westes wh~ehsee neither e
~H~u4d
~srdeu~
weste nor e res4dt,e~from the treetment of a
qu4d he~erdousweste7 the A~eneyMay 4ssue a
weeteetreem euthee4~et4~on
upon a f4nd4ng thet the
weeteetreern 4e not su~eetto any other ~endf~n~
preh4b~t~on~
(Source:
Amended
at 10 Ill. Reg.
,
effective
)
Section 709.402
Negative Finding
If, after reviewing an application
for
a wastestream
authorization,
the Agency determines that the waste is not
subject to the requirement to obtain a wastestream authorization,
the Agency shall, upon request by the applicant,
issue a
wastestream authorization including such determination.
Such an
authorization shall include such conditions as are necessary to
ensure that the person continues to be not subject to the
wastestream authorization requirement, and defining the methods
of managing the waste so as
to avoid the requirement.
(Source:
Added at 10
Ill. Reg.
,
effective
)
Section 709.403
Denial
of Wastestream Authorization
If
the Agency denies any wastestream authorization required by
35
Ill. Adm. Code 709.201,
the Agency shall transmit
to the
applicant specific, detailed statements
as to the reasons the
wastestream authorization was denied.
Such statements shall
include the factors enumerated in Section 39(a)(l—4)
of the Act.
Section 709.404
Time Requirements for Agency Action
a)
An application wastestream authorization shall not be
deemed filed until
the Agency has received, at the
designated address,
all information, documents,
and
authorization in the form and with the content required
by this Part.
However,
if the Agency fails to notify the
73.18
—19—
applicant within 30 days after
the receipt of an
application that the application is incomplete, and of
the reasons,
the application shall be deemed
to have
been filed on the date received by the Agency.
An
applicant may deem the Agency’s notification that the
application is incomplete as
a denial of the wastestream
authorization for purposes of review pursuant to 35 Ill.
Adm. Code 709.603.
b)
If the Agency fails
to take final action on the
~pplication within 90 days from the filing thereof,
the
applicant may deem the wastestream authorization granted
on the 91st day after the application was filed.
c)
Any applicant may waive the requirement that the Agency
shall
take actions within the time periods of this
Section.
d)
The Agency shall
send all notices of final action by
~istered
or certified mail,
return receipt
requested.
Final action shall
be deemed
to have taken
place on the date that such notice is mailed
for the
purposes
of computing the 35 day appeal period pursuant
to Section 40
(a)
of the Act.
SUBPART E: CONDITIONS OF WASTESTREAM AUTHORIZATIONS
Section 709.501
Duration
A wastestream authorization shall be valid
for a period of not
~ess then on nor more than three years.
(Source: Amended at 10
Ill. Reg.
,
effective
).
Section 709.510
General Conditions
IN GRANTING A WASTESTREAM AUTHORIZATION THE AGENCY MAY IMPOSE
SUCH CONDITIONS
AS MAY BE NECESSARY TO ACCOMPLISH THE PURPOSES OF
THE ACT AND WHICH ARE CONSISTENT WITH BOARD REGULATIONS,
including requirements for the periodic testing
of the
wastestream to verify that it continues to meet one of the
standards of 35
Ill. Adm. Code 729~3~8. (Section 22.6(c)
and
39(h)
of the Act).
(Source:
~mended at
10
Ill.
Reg.
,
effective
)
73-19
—20—
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I: POLLUTION CONTROL BOARD
SUBCHAPTER c:
HAZARDOUS WASTE
OPERATING REQUIREMENTS
PART 729
bANBFfl~bS~PROHIBITED HAZARDOUS WASTES
IN LAND DISPOSAL UNITS
SUBPART A:
GENERAL HAZARDOUS WASTE RESTRICTION
Section
729.100
729.101
729.102
729.110
729.111
729.112
729.122
729.123
Purpose, Scope and Applicability
Severability
Definitions
Hazardous
Waste
Restriction
Nonhazardous
Residuals
Residuals
from
Generic
Hazardous
Waste
Economic Reasonableness
Technical Feasibility
SUBPART
B:
HALO~~ENATED
SOLVENTS
Section
729.200
729.201
729. 202
729. 203
729.204
729.205
729. 220
729.221
729.222
729
.
223
729. 224
729.240
729.241
729.
242
729. 262
729. 263
Purpose,
Scope
and
Applicability
No Circumvention
Incorporations
by
Reference
Waste
Analysis
Plan
Land Treatment Demonstration (Re~ea1ed)
Effect on Wastestream Authorizations and Supplemental
Permits
(Repealed)
Defini tions
Halogenated Compound——Definition
Halogenated Solvent——Definition
Halogen Content Presumption
Partition Presumption
Non—aqueous
Liquid
Phases which are Halogenated Solvents
Aqueous Solutions
of Halogenated Compounds
Solids Containing Halogenated Compounds
Recycling Residues
Small
Quantity
Generators
SUBPART
C:
LIQUID
HAZARDOUS
WASTES
Definitions
Waste Analysis Plan
Incorporations by Reference
Liquid
Hazardous
Waste
Restriction
Prohibition
of
Non—hazardous
Liquids
in
Hazardous
Waste
Landfills
729.312
Labpacks
729.313
Biodegradable
Absorbents
Section
729.301
729.302
729. 303
729.310
729. 311
73-20
—21—
729.320
Test
for Liquids
729.321
Load—bearing Capacity Test
AUTHORITY:
Implementing Sections 22(g),
22.4(b), 22.6 and 39(h)
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
111 1/2, pars 1022(g), 1022.4(b),
1022.6 and 1039(h))
and
authorized by Sections 22.6 and 27 of the Environmental
Protection Act
(Ill.
Rev. Stat.
1985, ch.
111 1/2, pars. 1022.6
and 1027.
SOURCE:
Emergency rule adopted
in R83—28A at 8 Ill. Reg. 12668,
effective July 5,
1984 for a maximum of 150 days;
adopted in R81—
25 at
8
Ill. Reg.
24124, effective December
4,
1984;
amended
in
R83—28B at
9
Ill.
Reg. 718, effective January
3,
1985; amended in
R83—28C at 10 Ill. Reg.
4864, effective March
7,
1986;
amended
in
R86—9
at 10
Ill.
Reg
,
effective
NOTE:
Capitalization is used to
indicate that the language
quotes or paraphrases a statute.
SUBPART A:
GENERAL
Section 729.100
Purpose, Scope and Applicability
a)
The purpose of this Part is to prohibit the disposal
of
certain hazardous wastes
in ~endf~~e
land disposal
units.
“Hazardous waste” is as defined in 35 Ill. Adm.
Code 721.
“Land Disposal Unit”
is defined
in 35 Ill.
Adm. Code 709.110.
35 Ill. Adm. Code 7.09 requires
wastestream authorizations for certain wastestreams.
~
Hn~eseotherw~se4nd~eated~
the re~~rementsof th4e
Pert epp~yto a~ ~sndf~~e7
or ~een4tery ~endf4~e~
es
def4ned 4n the Bnv~ronmente3Proteet~onAet +Aet+ *H~
Rev-- Stst~~983-,eh~~
37~~-~
per-
~SG~
et
eeq~+7
~endf~~e
4ne~cudeseth nen—he~erdeusend harerdous waste
~endf~~e
perm4tted under Seet~one~+d+
or ~+f-) of the
Aet~ Hm~eesotherw4ee ~nd~eeted7 ~andf~H&1
4ne~udes
surface ~mpoundmente end weete
pHes
4n whteh weete
ree~duesare e~peetedto eeme~nafter e~eeure7end ~end
epp~eat4en~
eb)
The provisions of
35 Ill. Adm. Code 721.105
notwithstanding,
the ~endf~~ng
prohibitions of this
Part apply to all persons, including small quantity
generators, unless otherwise indicated
in this Part.
dc)
The ~andf43~ng
prohibitions of this Part do not apply
to residues of hazardous waste in containers,
or empty
liners removed from containers,
as defined
in 35 Ill.
Adm. Code 721.107.
73-21
—22—
ed)
The provisions of this Part are intended
to supplement
the requirements of
35
Ill. Adm. Code 722,
723, 724,
725,
807 and 809.
No provisions of those regulations
should be read as permitting the disposal of any
hazardous waste
in any manner prohibited under this
Part.
fe)
The provisions of this Part are intended
to proscribe
any conduct by generators, transporters, treaters or
disposers of waste which results
in placement of a
prohibited waste
in a ~endf~~
land disposal unit.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 729.102
Definitions
The following definitions apply to this Part,
except as modified
in individual Subparts:
“Act” means the Environmental Protection Act
(Ill. Rev.
Stat.
1983,
ch.
111 1/2, par.
1001)
“Agency” means
the Illinois Environmental Protection
Agency
“Board” means
the Illinois Pollution Control Board
“Generator”
is as defined
in 35
Ill. Adm. Code 720.110
“Hazardous Waste”
is a hazardous waste as defined at 35
Ill. Adm. Code 721.103
“Hazardous wastestream” means a “wastestream” which
includes
a “hazardous waste”
“Land disposal unit”
is as defined
in 35 Ill. Adm. Code
709.110.
“Liquid hazardous waste”
is as defined
in Section
729.301.
“Original generator”
is
a person who generates
hazardous waste as
a result of an activity or
production process other than the treatment of
hazardous waste.
“Residual”
is any material other than
a gas which
remains after,
or
is generated
by,
the treatment of a
hazardous waste.
A “residual” may itself be
a
“hazardous waste”.
73-22
—23—
“Treater”
is a person who engages
in treatment of
hazardous waste.
A “treater” may be a “generator”, but
not
the
“original
generator.”
“Treatment”
is as defined
in 35 Ill. Adm. Code 720.110.
“Wastestream” means a “solid waste”
as defined
in 35
Ill. Adm. Code 721, which
is routinely or periodically
produced by a certain generator as a result
of a
certain activity, production process or treatment
process.
The Agency may issue multiple wastestream
authorizations for
a single wastestream, each
identifying
a different disposer or disposal method.
The Agency may allow the combination of wastestreams
into
a single wastestream
if such combination does not
limit the possibilities for treatment,
recycling or
disposal of the wastes.
(Source:
Added at 10
Ill. Reg.
,
effective
)
Section 729.110
Hazardous Waste
Restriction
a)
Except as provided
in subsection
(b), NO PERSON SHALL
DEPOSIT A HAZARDOUS WASTESTREAM IN A PERMITTED
HAZARDOUS WASTE LAND DISPOSAL UNIT OF A TYPE IDENTIFIED
IN SUBSECTION
(c) UNLESS THE GENERATOR HAS REASONABLY
DEMONSTRATED THAT, CONSIDERING TECHNOLOGICAL
FEASIBILITY AND ECONOMIC REASONABLENESS, THE HAZARDOUS
WASTE CANNOT BE REASONABLY RECYCLED FOR REUSE, NCR
INCINERATED OR CHEMICALLY, PHYSICALLY OR BIOLOGICALLY
TREATED SO AS TO NEUTRALIZE THE HAZARDOUS WASTE AND
RENDER IT NONHAZARDOUS.
(Section 39(h)
of the Act.)
b)
Residuals.
Paragraph
(a)
notwithstanding,
a person may
deposit
a residual from the treatment of
a hazardous
waste
in
a land disposal unit
if:
1)
The Board has adopted technical standards at
Section 729.111 and 729.112 which are applicable
to the waste
2)
The person will manage the waste
in a manner
authorized by the technical standard
3)
The waste meets the technical standard;
and,
4)
The waste
is not otherwise restricted
or
prohibited.
c)
This Section applies to all types of land disposal
units identified
in
35 Ill. Adm. Code 709.110
73-23
—24—
(Source:
Added at 10 Ill. Reg.
,
effective
)
Section
729.111
Nonhazardous
Residuals
A person may deposit a residual
from the treatment of
a hazardous
waste in
a land disposal unit if the person demonstrates that the
residual
is not
a hazardous waste.
(Source:
Added at
10
Ill. Reg.
,
effective
)
Section 729.112
Residuals from Generic Hazardous Waste
a)
This Section applies
to residuals from the treatment of
generic
hazardous
waste.
~j
A
“generic
hazardous
waste”
is
a
hazardous
waste
which
is
listed
in
35
Ill.
Adm.
Code
721.131
or
721.132.
2)
To
conduct
“treatment”
of
hazardous waste,
a
person
must
have
a
RCRA
permit or interim status
pursuant
to
35
Ill.
Adni.
Code
703,
except insofar
as treatment without
a permit
is authorized by
35
Ill.
Adm.
Code
702—726.
b)
A
person
may
deposit
a
residual
from
the
treatment
of
a
generic
hazardous
waste
in
a
land
disposal
unit
if
the
person
demonstrates
that
the
waste
could
be delisted
pursuant to 35 Ill. Adm. Code 720.122.
(Source:
Added
at 10 Ill.
Reg.
,
effective
)
Section 729.122
Economic Reasonableness
In
making
an
ERTF
determination
the
Agency shall consider all
facts
and
circumstances
bearing
upon
the
economic
reasonableness
of
recycling,
reusing,
incinerating,
or
chemically,
physically
or
biologically
neutralizing
the
hazardous
waste
and
rendering
it
non—hazardous.
In
this
regard,
the
Agency:
a)
Shall
not
consider
process
substitutions
or
waste
minimization
b)
Shall
not
consider
the
profitability
of
the
generator.
Generators may, however, request variances
pursuant to 35
Ill.
Adm.
Code
104 based on a showing of
arbitrary or unreasonable hardship
c)
Shall
consider
the
cost
to
transport
the
waste
to
the
nearest
available
treatment
or
land
disposal
unit,
including
units
located
outside
the
state
73.24
—25—
d)
Shall consider both the cost of conducting treatment at
the site of generation and off—site
e)
Shall consider whether treatment alternatives can
render
the hazardous waste stream non—hazardous.
For
purposes of this Subsection, “to render
a hazardous
waste stream non—hazardous” means that such waste
stream, after
treatment, would no longer be identified
or characterized
as
a hazardous waste
under Part 721.
Unless the treatment alternative can render
a hazardous
waste stream non—hazardous, that alternative shall not
be_considered_as a viable option for purposes of
granting or denying
a waste stream authorization
pursuant
to Section 729.410(a)
f)
Shall not consider unrelated information regarding the
applicant’s other permits;
and
~j
If
a waste management alternative
is not economically
reasonable because
of temporary factors, the Agency
shall provide that the authorization will expire at
such time as the Agency expects the temporary factor to
change. Temporary factors include, but are not limited
to, the following
1)
High costs due
to lack of capacity
2)
High
transportation
costs
due
to
lack
of
local
capacity
3)
Variable
cost
factors due
to fluctuating demand
for
a
product
which
is
resold
4)
Seasonal cost factors;
and
5)
The
applicant’s
need
to
obtain
any
RCRA
permits
to
install or operate any treatment or storage units
which may be necessary
in order
to implement an
otherwise economically reasonable alternative to
disposal
in
a land disposal unit, the time
it may
take to obtain such permits and the time which may
be required
to install such unit.
(Source:
Added at 10
Ill. Reg.
,
effective
I
Section
729.123
Technical
Feasibility
This
Section
defines
“technologically
feasible”
for
purposes
of
application
of
Sections
22.6
and
39(h)
of the Act and Sections
729.110
and
729.310.
a)
A
waste
management
alternative
is
technologically
feasible
if
the
alternative
has
been
demonstrated
in
an
actual
operation.
73-25
—26—
b)
A
waste
management
alternative
is
not
technologica1~y
feasible
if
it would result
in as much or more risk to
public health and the environment when compared
to land
disposal
of the waste.
c)
If the Agency determines that
an alternative is not
technologically feasible,
it shall provide that the
authorization will expire at a
time at which a
technologically feasible alternative
is likely to
exist.
(Source:
Added at 10
Ill. Reg.
,
effective
)
SUBPART B:
HALOGENATED SOLVENTS
Section
729.200
Purpose,
Scope
and
Applicability
a)
This
Subpart
prohibits
the
~endf~~n~
deposit
in
a
land
disposal
unit
of
wastes
containing
halogenated
compounds.
Rules are included to differentiate these
from
other
wastes.
b)
Halogenated
compounds
are
a
class
of
organic
solvents.
As
a
class halogenated compounds are not
very
soluble
in
water;
therefore,
in
a
complex
system,
they
will
be
found
in
a
non—aqueous
phase
associated
with
any
other
organic
solvents
present.
This
Subpart
assumes
that
any
halogenated
compounds
present
will
be
more
concentrated
in
any
non—aqueous liquid phase.
The
halogen
concentration
in
the
non—aqueous
liquid
phase
is
used
to
determine
whether
the
phase
should
be
regulated
as
an
halogenated
solvent
or
as
an
organic
solvent.
c)
Organic solvent phases, whether they include
halogenated
compounds
or
not,
pose
a
threat
to
the
impermeability of clay and synthetic ~endf~H
liners.
d)
Aqueous solutions of halogenated compounds placed
directly
into
the
~andf~H
land
disposal
unit,
could
damage
synthetic
liners
and
move
into
groundwater.
e)
Because
of
their
differing
impacts
on
~endf4~3~s
land
disposal
units,
the
Board
intends
to
encourage
the
separation prior
to disposal
of phases in multiphase
wastes, and intends
to encourage the separation of
wastestreams during generation
to avoid the formation
of multiphase wastes.
(Source:
Amended at 10 Ill.
Reg.
,
effective
73.26
—27—
Section 729.203
Waste Analysis Plan
The owner
or operator of a land disposal unit ~endf44~ disposing
of hazardous waste must, within thirty days after the effective
date of this section, develop and follow a written waste analysis
plan. which describes the procedures which the owner or operator
will carry out
to ensure that the facility complies with the
prohibition stated
in this Subpart.
The owner
or operator must
keep this plan at the
facility.
A copy of the plan shall be
sutznitted
to the Agency within thirty days after the effective
date of this section.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 729.204 Land Treatment Demonstration (Repealed)
Ph4~Subpart she~1not bar the ~esuenee of a
R?RA
permit pursuant
to Seet4oii ~+f+
of the Act and 3~fl~-~
Adm-
eode
~G3 for fend
tree~tmentof heserdous waste 4f the owner or operator
demenstrates7
pursuant
to
35
f3~
Adm~ eode
~9~~$67
~~36
end
4~~7that any he&ogeneted compounds 4n the waste w4~ be
eemp~ete~y
degraded7 transformed or ~mmob4~red
~n the treatment
s
(Source:
Repealed at 10 Ill. Reg.
,
effective
)
Section 729.220
Definitions
In addition
to the definitions of Section 729.102,
as As used
in
this Subpart, terms have the following meanings:
Aqueous phase:
A “phase” in which water
is the
solvent,
constituting
more
than
500
g/kg.
Component:
An element or compound present
in a “phase”
or “system”.
Emulsion:
A “system”, including two or more liquid
“phases”, which is not separated into layers.
For
purposes
of this Subpart, an emulsion which does not
form layers within one hour is one phase.
Liquid:
A waste,
or part of a waste, which yields any
fluid when subjected to the paint filter test described
in Section 729.320.
Non—aqueous phase:
A “phase” which contains 500 g/kg
or less of water.
One—phase system:
A “system” with one and only one
“phase”.
73-27
—28—
Phase:
A physically distinct portion of
a dispersion
or
solution which at least in principle could be
mechanically separated from the remainder of the
material.
For purposes of this Subpart,
a container
is
not a phase, nor
is a vapor above
a waste.
Emulsions
and suspensions are a single phase if they do not form
layers within one hour.
Solid:
A waste, or part of a waste, which contains no
free liquid as determined from the paint filter test
described
in Section 729.320.
Suspension:
A “system”, including a “solid” phase and
a “liquid” phase, which
is not separated into layers.
For purposes
of this Subpart, a suspension which does
not form layers within one hour
is one phase.
System:
A single isolated “phase”
or
a set of two or
more “phases” which are
in physical contact.
TOX test:
Either of the tests
for
total organic
halogen incorporated
by reference
in Section 729.202,
ASTM D236l—66
(Reapproved
1978)
or ASTM E442—74
(Reapproved 1981).
Two—phase system:
A “system” with two “phases”.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 729.240
Non—aqueous Liquid Phases which are
Halogenated Solvents
No person shall cause or allow any hazardous waste containing
a
non—aqueous liquid phase which is an halogenated solvent to be
placed
in any land disposal unit ~andfH~.
(Source:
Amended at 10
Ill.
Reg.
,
effective
)
Section 729.241
Aqueous Solutions
of Halogenated Compounds
a)
No person shall cause or allow to be placed
in any land
disposal unit ~andf4~
any hazardous waste containing an
aqueous liquid phase containing more than 14,000 mg of
halogenated compounds in any
1 kg.
b)
An aqueous liquid phase containing more than 10,000 mg
of
total organic halogen, as measured by the TOX test,
in any
1
kg is assumed to contain more than 14,000 mg
of
halogenated compounds per kilogram, unless the contrary
is shown by a more definitive test whose validity is
demonstrated
to the Agency.
(Source:
Amended at 10
Ill. Reg.
,
effective
73-28
—29—
Section 729.242
Solids Containing Halogenated Compounds
a)
No person shall cause or allow any hazardous waste which
is
a solid
to be placed in any land disposal unit
~andf~~
if the waste forms
a non—aqueous liquid phase
which is
an halogenated solvent when a representative
sample of the waste
is mixed with water.
b)
The prohibition of paragraph
(a)
shall become effective
on July 1,
1986.
(Source:
Amended
at
10 Ill. Reg.
,
effective
)
SUBPART C:
LIQUID HAZARDOUS WASTES
Section 729.301
Definitions
The following definitions apply to this Subpart,
in addition to
the definitions
of Section 729.103:
£Aetfl means the Snv~ronmente~Proteet~onAct
+~~-
Rey-~
Stet~i9837 Ch7 ~
~
per-
~8&3~et seq-+
.UAgeneyfl means the
~no4s
Sn,4renmenta& Proteet~on
Agency
~Board1’means the f~Hno4sPo~ut~onSentro.~Board
~6eneratorU 4s as def4ned 4n 3S H&~Adm-~eode
~3~6
~Heserdous WasteZ~~e a harardous waste as def~nedat 35
~
Adm-~eede
~ea
“Labwaste”
is
a liquid hazardous waste generated by an
activity
in
a
laboratory engaged
in teaching, testing
or
research,
in
a
quantity
totaling
less
than
100
kg
per
month
for
the
activity.
Wastes
which
are
periodically
produced
as
a
result
of
a
production
process are not “labwaste”.
“LANDFILL”
IS A DISPOSAL UNIT OR PART OF A FACILITY
WHERE HAZARDOUS WASTE IS PLACED IN OR ON LAND
AND
WHICH
IS NOT A LAND TREATMENT UNIT, A SURFACE IMPOUNDMENT OR
1~.N UNDERGROUND INJECTION WELL.
(Section 22.6(d)
of the
Act).
As used
in this Subpart, a “landfill”
is
a “land
disposal
unit”
as
defined 35
Ill. Adm. Code 709.110.
“Liquid
hazardous
waste”
is
a hazardous waste which
yields
any
fluid
when
subjected
to
the
test
procedure
described
in
Section
729.320.
73.29
—30—
“Non—periodic waste”
is a liquid hazardous waste
in a
quantity of less than 100 kg which will not be
generated again by that generator.
~er4~g4na3generator~~e a person who generates
ha2erdous waste as a reeu~tof en eettvtty or
produet4en process other than the treatment of
herardous waete-
~Res4due~~ ~s any mater~a~other then a gas wh±eh
rema4ne aftery or ~s generated by7 the treatment of a
~4qu~d he~ardeusweste7
A
~res4due~
may
4tse~f
be
a
~4qutd
ha~ardoue waete~~
~Preater’~~s a person who engages 4n treatment of
haserdous westeT
A ‘treater~may be a ~‘generater~’7but
may net be
the
~or~g~ne~ generator~7
“Treatment”
is treatment as defined at 35 Ill.
Adm.
Code 720.110.
35 Ill. Adm. Code 703.123(h)
and
724.101(g)
(10) notwithstanding,
as used
in this
Subpart,
“treatment” specifically includes the addition
of absorbent materials to a liquid hazardous waste or
vice versa.
Provided, however, that “treatment” shall
not include those activities carried out to immediately
contain or
treat a spill
of a liquid hazardous waste or
a material which, when spilled, becomes
a liquid
hazardous waste,
to the extent such treatment meets the
exemption of
35
Ill. Adm. Code 724.101(g) (8)
or
725.lOl(c)(ll), whichever is applicable.
(Source:
Amended at
10
Ill. Reg.
,
effective
)
Section 729.310
Liquid Hazardous Waste Restriction
a)
Liquids:
NO PERSON SHALL CAUSE, THREATEN OR ALLOW THE
DISPOSAL IN A LAND DISPOSAL UNIT OF A TYPE IDENTIFIED
IN SUBSECTION
(d) 1JANBF~bbOF ANY LIQUID HAZARDOUS
WASTE, UNLESS THE GENERATOR HAS DEMONSTRATED THAT,
CONSIDERING CURRENT TECHNOLOGICAL FEASIBILITY AND
ECONOMIC REASONABLENESS, THE HAZARDOUS WASTE CANNOT BE
REASONABLY SOLIDIFIED, STABILIZED OR RECYCLED FOR
REUSE, NOR INCINERATED OR CHEMICALLY,
PHYSICALLY OR
BIOLOGICALLY TREATED SO AS TO NEUTRALIZE THE HAZARDOUS
WASTE
AND
RENDER IT NONHAZARDOUS.
(Sections 22.6(a)
and 22.6(c)
of the Act)
b)
Residuals:
No person shall engage in the treatment of
a liquid hazardous waste and cause,
threaten or allow
the disposal
in
a land disposal unit of
a type
identified
in subsection
(d) 4~andf4~of
a residual
73.30
—31—
from such treatment unless the residual meets one of
the following standards.
1)
Non—hazardous Residuals:
The residual may be
deposited in a land disposal unit ~andf~~ed
if it
no longer meets the definition of “hazardous
waste”.
2)
Liquid Removal:
For wastes
in which treatment is
accomplished only through extraction,
volatilization, evaporation, thermal destruction
or other removal of liquids, the residual may be
deposited
in
a land disposal unit ~endf~~ed
if it
no longer meets the definition of “liquid
hazardous waste”.
3)
Solidification:
The residual may be deposited in
a land disposal unit ~andfi~~ed if it no longer
meets the definition of
“liquid hazardous waste”
and possesses a load—bearing capacity of at least
2.0 tons per square
foot as determined by
application of the test procedure described in
Section 729.321.
c)
No person shall cause,
threaten or allow the disposal
in
a land disposal unit of
a type identified in
subsection
(d) 3andf4H
of a residual from the
treatment of a liquid hazardous waste which does not
meet one of the standards of paragraph
(b), and for
which the Agency has not issued
a wastestream
authorization pursuant to 35 Ill. Adm. Code
709.401(a).
Reasonable reliance on
a generator’s
description of
the waste shall be a complete defense to
violation of this paragraph.
d)
This Section applies to all types of land disposal
units
identified
in
35 Ill. Adm. Code 709.110,
except
surface impoundments and land treatment units.
(Source:
Amended at
10 Ill. Reg.
,
effective
)
Section 729.311
Prohibition of Non—hazardous Liquids in
Hazardous Waste Landfills
I
No person shall cause, threaten or allow the placement into any
land disposal unit a ~andf~F3 permitted
to
receive hazardous
waste of any non—hazardous waste which yields any fluids when
subjected
to the test procedure described
in Section 729.320.
(Source:
Amended at 10 Ill. Reg.
,
effective
)
73.31
—32—
Section
729.313
Biodegradable
Absorbents
No person shall cause,
threaten or allow the disposal
in any land
disposal unit ~andfH-1 of any liquid hazardous waste containing
an absorbent material which,
because of microbial action, will
degrade faster than the waste.
(Source:
Amended at 10 Ill. Reg.
,
effective
IT
IS SO ORDERED.
Board Members B. Forcade and R. Flemal dissented.
I, Dorothy
M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Proposed O~pinionand Order
was adopted on1the
~
day of
~
,
1986 by a
vote of
________________
/~
Dorothy M. G~4nn,Clerk
Illinois Pollution Control Board
73-32
