ILLINOIS POLLUTION CONTROL BOARD
October
9, 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, Dumelle):
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)
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,
On October
2,
1986,
the Board adopted
a proposed
emergency rule
for public comment,
However, on October
6, 1986,
the Board reconsidered that proposal and vacated
the proposed
opinion and order,
The Board now, once again,
proposes the
adoption of emergencyrules and 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
wh1ich “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 wastestrearn applications,
73-89
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).’
.I.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,
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
73-90
—3—
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
riv.les during 1987.
Those
rules will likely differ significantly
from the “guidelines” under which
the Agency intends to operate
ii~the absence of rules, but will probably not differ
as greatly
from the emergency rules which are today being proposed.
Thus,
tbe
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
en~ergencyrules would remove this argument and assure that the
legislative intent that Section 39(h) become effective on January
1,
1987,
will be fulfilled.
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.
73-91
—4—
Section 703,142:
This section has been deleted,
In Public
Cbmment 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 729.122(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
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
73-92
—5—
application, within
the month, timely filing,
for APA purposes
only.
Section 709,110:
The Board
has retained the concept of a land
disposal uniETfn order
to
integrate the various disposal
prohibitions,
IERG has stated
its belief that this new
terminology “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
for 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
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 demonstraföns
have been
made (underlining added),
IERG argues that
the use of the term deposit
is narr.wer
than
disposal
pursuant
to
the
definition
of
disposal
in
Section
3(e)
of
the
Act
which
states:
“Disposal”
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 “disposal”
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
73-93
—6—
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).
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 hasTheen 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
ë’Iarity.
Th&~Ianguageis drawn from Section 807,205.
Section 709,311:
Deleted since
this section applies only to
liquid hazar~iswaste applications which the Board does not
intend
to change
at this time.
Section 709,312:
Deleted
at this time as unnecessary,
It was
~implpropOs~
to restate the law for purposes of notice.
73-94
—7—
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.
Section 709.501:
This section has been modified to remove
the
minimum dur&E1ön of any wastestreani 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 remaTh~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)(l) has been
cThanged td spé5ifically 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 hea~ingto more clearly reflect the intent of the
rule,
As
73-95
—8—
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
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
nonhazardous,
The statute specifically directs the Agency to
consider whether the wastestrearn 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
73-96
—9—
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
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 manágen
it 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
simplistid 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,
729.3l0,
729.311 and 729,313:
The~e
section’s
are
all ‘unáhánged exce~t’thatSection 729,303 •was corrected to
729.203
and
729,310(d)
has
been
modified
consistent
with
the
modification
of
Section
709,201,
73-97
—10—
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,
ORDER
The Board hereby proposes the following emergency rules
for
public comments which must be filed on or before October 20,
1986:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER b:
PERMITS
PA1~T709
WASTESTREAM AUTHORIZATIONS
SUBPART A:
GENERAL PROVISIONS
_______
Purpose, Scope and Applicability
Definitions
Deemed—issued Wastestream Authorizations
Expiration of Supplemental Permits
Severability
________
Deemed—Issued Wastestream Authorization Pursuant
to
35
--
—
SUBPART B:
PROHIBITIONS
________
Hazardous Waste Authorization
Liquid Ha~zardousWaste Authorization
________
Exemptions
SUBPART C:
APPLICATIONS
General Application fe~rE~~t~4d
He~e~deu~
Wee~e
~T~natures
________
General Hazardous Waste Application
________
~i~uid~Ha’zardousWaste Ap~1icatiöñ~
~ö?her
Prohibitions
Land Disposal
Unit.
Section
709.100
709.102’
709.103
709,104
709.105
709.106
709. 110
Sec tion
709.
200
709.201
709.202
Section
709.301
709. 302
709.
310
709.
311
7~,31~
Ill,
Adm.
Code
709.200
73.98
—‘~1—
SUBPART
D:
REVIEW
OF
WASTESTREAMS
Section
709.400
General Standard
for Issuance
T09.40l
Stàrid’ard
for
Issuance for Liquid Hazardous Waste
709.402
Negative
Finding
709.403
Denial of Wastrestream Authorization
709.404
Time Re~uii~einentsfor Agency Action
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
B
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 wastestrearn authorization~
required
by
Sections
22.6
and
39(h)
of
the
Environñ~enta1Protection Act (Act).~
73.99
—12—
b)
This
Part
applies
to
generators
of
hazardous
waste
as
specified
in
Subpart
B,
c)
35
Ill.
Adm,
Code
729
contains
technical
standards which
are
to
be
used
to
determine
in
what
manner
a
waste
can
b~ managed.
(Source:
Added
at
10
Ill,
Reg.
,
effective
)
Section
709,102
Definitions
The following definitions e~35 ~
?~d~-
eede
~T3G3
appl~to this Part7
4~tt
~e ~A~e~e~ew~ng
~
“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
111,
Adrn,
Code 720,110.
“Hazardous Waste”
is
a hazardous waste
as defined at 35
Ill,
Adni,
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
hazàrdouis
w&ste
as
a
result
of
an
activity
or
~roduc?ion
process
other
than
the
treatment
of
hazardous
waste.
“Residual”
is
any
material
other
than
a
gas
which
remains after, oriC 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
hazardoüs
waste.
A
“treater”
may
be
a
“generator,”
but
~ott~he
“original
generator,”
“Treatment”
is
as
defined
in
35
Ill.
Adm,
Code
720.110,
73.100
—13—
“Wastestreain”
means
a
“solid
waste”
as
defined
in
35
Ill,
Adni.
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:
Amended at
10
Ill,
Reg,
,
effective
)
Section 709,106
Deemed—Issued Wastestream Authorizations
Pursuant
to 35 Ill.
‘Adm,
Code’ 709,200.
--
1)
Wastestream authorizations shall
be deemed issued
if
the
Agency
fails
to
act
within
90
days
of
the
filing
of
the
was’testream
applidation
as
required
by
35
Ill.
AdÜ~
‘~ode~709.404, The wastestream authorization’ shall be
déemedi~suedforthe
iame time period
as
a permit
deèméd
issued pursuant
to
Section 39(a)
of the Act.
2)
Wastestream authorizations shall be deemed
issued under
the’circumstànces
andfor
the
time
periods
specified~T~i
Section l6(b)~ofthe Illinois Administr’ative Procedure
Act
(Ill.
Rev,’ Stat.
1985,
ch.
127, par. l016(b)),
if a
timely and sufficient application has
been
filed,
Applications filed with the Agency on
ô’r before
November
1,
1986
shal’’I be deemed timely filed for
the
purposes of this subsection.
3)
Upon written request by the applicant, the Agency shall
Tisüeà~tatement that
a waste~treamauthori~atIo~ri~has~
b&én deemed
issued pursuant
to subsections
1)
or
2)’,
ab~ove,
--
--
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
IJ.
Adm
code
720,llO,
unless
that
unit
is
specifically
excluded under
iübsedtioñ
(b).
Without
limiting
the
generality of this’’dèfini?ion,
the following áie
êxamplesof
land
disposal
units:’
--
1)
A
landfill
2)
A
surface
impoundment
or
waste
pile,
unless
the
owner
oroperätor
demonstrates,
by
way
of a
73-101
—14—
closure plan pursuant
to 35
Ill,
Adin.
Code 724.212
or 725.212, that all ~astes 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
hazardousconstituents
in
the waste can be completely degraded, transforiié5
6r_immobilized_in the treatment zone.’
b)
Specific exclusions,
The following hazardous waste
management~unitsare 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 O’r~725,212,that all
~is’?es
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
~üblicly owned treatment
works’’ (PcYrW), 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 b~’an N?DES permit
•iss’’ued 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~permitpursuant to Section 39(eY~
of
the
Act and 35111. 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
DEPOS’ITED
IN
ANY
PERMITTEb
LAND
DISPOSAL
UNIT
OF
A
TYPE
IDENTIFIED IN SUBSECTION
Cc) UNLESS A WASTESTREAM
MYTHORIZATION
HAS
SEEN
ISSUED
FOR
THE
DEPOSIT
OF
THAT
~AS~ESTREAM (Section 39(h)
of the Act).
b)
Residuals.
No
person
shall
engage
in
the
treatment
of
a
hazardous
wastestrearnandcause~
threaten
or
allow
thé
deposit
of
an~ residual
f~om such
?reatrnentiñ~any
land
~ispo~al
unit
of
a”t~’pe identified
in
Subsecti6n
Cc)
73-102
—15—
unless
the
Agency
has
issued
a
wastestrearn
authorization
fOr
that
wasTtestream.’
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
a)
Liquids:
NO
PERSON
SHALL
CAUSE, THREATEN OR ALLOW ‘THE
DISPOSAL
IN
ANY
E,AN9FI~1~ bANE
B~SP~SAb
~N~P ~F A TYPE
~BBNP~F~BB bN SHBSE~P~~N
+e-)’
e~
AN~b~QH~BHA~ARBeHS
WASTE
HNbESS
THE
A66N~ HAS
~SSHBBA
WASTESTREAM
AUPH~R~AT~~N
peR
THAT
WASPESTRBAM~
+See~ea~~~&+e-)
cf the Ae~+7
b-~
Ree4d~e3s~No persci~eheH enge~e4~the ~ee~e~
o~
e ~4~u4d
zeedet~ewee~e~nd eeuee7
ee~e~
cc e~ow
the
d4e~ese~
4i’t er~y
~d?~&
land
disposal
unit
of
a
type identified
in subsection
(c’)
of
any
residual
from
such treatment unless the Agendy has issued
a
wastestream authorization for that wastestream.
c)
This Section applies
to all
types of land disposal
unit~
ideh’tified
in
Sedtion
709.110,’ except surface
fmpoundr~ents 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 pursuani?~to~Section22.1 of thè’ Act;
and,
b)
The
Agency,
the
United
States
Environmental
Protection
Agency
or
their
contractors
with
respect
to wastes
generated
as
a
resul’t
bf’remedial
action
pursuañEto
the
Compreheniive
Environmental’ Response, CompensatTon
and
Liability
Act
(42
U.S.C.
9601
et
seq.)
and
still
responses pursuant to Sectlo”n
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
h~iardous
wastestream
in
apeimitted
land
di~posal
73-103
—16—
unit,
the
applicant
must
provide,
by
way
of
narrative
deacription
and supporting’ evidence, proof that thé~~
~aste meets’ the standard of Section 709.4’OO(a) an&~35
Ill,
Adm,
Code
729.110(a),
b)
If
the
applicant
seeks
to deposit
a residual from the
treatment
of
a
hazardous
wastestreàm
in
a
land
disposal
tini’’t
the
applicant
may
provide
proo’f’’’that
the
r~esidual
meets
one
of
the
standards
of
SectiOn~709.400(b),’and
33
Ill,
Adni.
Code
729.llO(b’),
instead
of
proof
pur~eu’~nt
to
subsectiOn
(a).
C)
The
Agency
may
prescribe
the
form
in
which
all
iñfo~mãtion
required
under
this
Sè~tion’’shallThe
submitted.’
d)
All
permit
applications
shall
be
mailed
or
delivered
to
the
aPPrO’priate
address
designated
by
the Agency; and
shall
be
sent
by
registered
or
dertifièd
mail,
return
feceipt
requested
or
delivered
in
person.
Applications
which
are
hand—delivered
shall
be
delivered
to
and
receipted
for
by
the
Manager
of
the
Agency’~sDi’Ti’~ion
~ULãnd
Pollution control
or his desi~nee,
(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
PERMITT~T~
LAND
DISPOSAL
UNIT
ONLY
APTER
THE
GENERATOR
HAS
-
REASONABLY DEMONSTRATED THAT THE WASTESTREAiM~ETSTHE
~ANDARD
OF
35’’
ILL.
ADM,
CODE
729,llD’(a)
,
‘ANI3 THTAT
LAND
DISPOSAL
IS
NOT
PROHIBITED
OR
LIMITED
BY
BOARD
RECULATIONS.
-
(Section
39
(ti)
of’
the’’
ACt),’
-
b)
Residuals.
The Agency shall
issue
a wastestream
authorization for th~disposal of
a resithiäl from the
treatment of ha~ardouswaste
if th~original genera?0r
or tteater demonstrates that the residual either meet~
the standard of subsection ~(a),or:
1)
Is
a residual
for which the Board has promulgated
a
techniOal
standard
under
‘35
Ill,
Adm.
Code
729;
‘iñd,
2)
Will
be
managed
as
provided
in
that
technical
standard;
and,~
3)
Meets
the
technical
standard;
and,
73-104
—17—
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
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
~S
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 en3y 4f
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-~
Ne~et.4~’eF~nd4n~
Ftoc
weetee
whieh
are
ne4thec
a
~ecdot~e
weate nec a cee4dtie’~fce~ithe tce t!nent of a
~4~t~4dhececdette waste7 the Ageney ii~ay4ssue a
westestceer~a
hec4~et4cnt~pena ?4nd4ng that th—
westeetceam
4s
net
sub~eet
to
any
ethec
~and?4~tng
pceMb4t4onT
(Source:
Amended
at
10 Ill. Reg,
,
effective
Section 709,402
Negative Finding
If,
after
reviewing
an
application
for
a
wastestream
authorization,
the
Agen~y determined
that
thé~was?é~is
not
subject
to
the
requirement
to
obta~’in
awastestream authorization,
the
‘Agenc~ sh~l1,
upon
request
by
the
applicant,
issuer’
a
wastestream authorizátion inclüdin~
such
determination,
Such
an
authorization shall
includé such ~onditions as are necessary to~
ensure
thä’t the person dontinues
to be not subject to the
wastestream authorizatidn
requfrétii’ént,Thnd defining the ~ethods
oUmanagin~?he
waste
so
as~to avoidthe
têquiremént.
(Source:
Added at
10
Ill,
Reg,
,
effective
)
Section
709.403
Denial
of
Wastestream
Authorization
If the Agency denies any wastestream authorization required
by 35
fl.
Adni.
Code709.201,
the Agency shall transmit’to
?ii~
-
73-105
—18--
applicant specific, detailed statements as to the reasons the
wastestreañiauthorizatioh
was
den’ied,
Such
~tatements
shálI~
include
the’
factors
en’’ümerated
in Section ‘39(a)(I—4)
of
‘tTi~Thct.
Section 709.404
Time
Requirements
for
Agency Action
a)
An
application
wastestream
authorization
shall
not
be
deemed
filed
until
the
Ageri’cy
has
tecéi~ed,
at
the
desigñáted
addresslall
info~mation,
documents,
and
authorizatiOn
in~the
form
and
~ith
the
content
required
by
this
Part.
However,
if’
the
Agenoy
fails’’to
notify
the
applicant
within
30
days
after
the
receipt
of
an
application
that
the
application
is
incomplete,~and
of
the
reasOns,
the
a~PIication
shall’
be
deemed
to
have
5~ééñfiled
on
the
date
received
by
the
Agènc’y.
An
ap~licáhtmay ‘deem the Agency1s notification that the
~Tpp1icationTisincomplèr’te
as
a denial of the wastestream
ãutho~ization
for
purposes
Of
revie~w pur~uant
to
35I1L’
A~ii~.
Code
709.603.
b)
If the Agency fails
to take final action on the
ä~Iication”within
90
days
frOm
the
filing
thereof,
the
applicant thay
dee’iñ the’wasté~treamauthorization granted
ó’iT’the 91st day Taftei~thCapplication was filed,
c)
Any applicant may waive the requirement that the Agency
~hall
take
actions
within’
the
time
periOds
bf
this
Section.
--
--
--
d)
The
Agency
shall
send
all
notices
of
final
action
by
règistCred
or
cei~tified
mail,
return
receipt
reques’’?ed.
Final
actioh
shall
bé
‘deemed
to
Thave
taken
place
orf
the
date
that
~uch
notice’
i~ mailed
for
the
purposes
of
computingth~e~35 day
appeal
p&riod
pursuant
toSect’ion
40
(Ta)
of
the
Aát,
--
SUBPART
E:
CONDITIONS
OF
WASTESTREAM
AUTHORIZATIONS
Section
709.501
Duration
A
wastestream
authorization
shall
be
valid
for
a period of not
~ese
than
en
nec
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
73-106
—19—
standards
of
35
Ill.
Adm.
Code
729~338.
(Section
22.6(c)
and
39(h)
of
the
Act).
(Source:
Amended
at
10
Ill,
Reg.
,
effective
)
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
C:
HAZARDOUS WASTE
OPERATING REQUIREMENTS
PART 729
bANBF~bbS~ PROHIBITED HAZARDOUS WASTES
IN
LAND
DISPOSAL
UNITS
SUBPART A:
GENERAL HAZARDOUS WASTE RESTRICTION
Section
729.100
Purpose,
Scope
and Applicability
729.101
Severability
729.102
Definitions
729.1I1Y
Hazai~dousWaste Restriction
729,111
Nonhazardous Residuals
729,112
Residuals
from
Generic
Hazardous
Waste
729,122
Economic Reasonableness
729.123
Technical Feasibility
SUBPART
B:
HALOGENATED SOLVENTS
Section
729.200
Purpose,
Scope
and Applicability
729,201
No
Circumvention
729.202
Incorporations
by
Reference
729,203
Waste Analysis Plan
729,204
Land
Treatment
Demonstration
(Repealed)
729.205
Effect
on
Wastestream
Authorizations and Supplemental
Permits
(Repealed)
729.220
Definitions
729.221
Halogenated
Compound——Definition
729.222
Halogenated
Solvent——Definition
729.223
Halogen
Content
Presumption
729.224
Partition
Presumption
729.240
Non—aqueous
Liquid
Phases
which
are
Halogenated
Solvents
729.241
Aqueous
Solutions
of
Halogenated Compounds
729.242
~olids Containing Halogenated Compounds
729.262
Recycling
Residues
729,263
Small Quantity Generators
SUBPART
C:
LIQUID HAZARDOUS WASTES
Section
729.301
Definitions
729.302
Waste
Analysis
Plan
73-107
—20—
729.303
Incorporations
by
Reference
729.310
Liquid
Hazardous
Waste
Restriction
729,311
Prohibition of Non—hazardous Liquids
in Hazardous Waste
Land fi 11 s
729,312
Labpacks
729,313
Biodegradable
Absorbents
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
R8l—
25
at
8
Ill.
Reg.
24124,
effective
December
4,
1984;
amended
in
R83—288
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 ~andfH~s
land disposal
units.
“Hazardous
waste”
is
as
defined
in
35
Ill,
Adm,
Code
721.
“Land
Disposal
Unit”
is
defined
in
35
Ill.
Admn, Code 709.1l0.
‘35
Ill.
Adm,
Code
709
requires~
wastestream authorizations
for certain wastestreams.
b-~
Un~ese etherw4se
4ndieated7
the
ce~t
cements
of
tMs
Part
epp&y
to
e~c~
3andf4Hs7
or
~san4tary
&andf4~-3s~as
def~rted 4n
the
Etw4renmente~ Pceteet4en
Act
+Aet+
-f~H-~
Re~
StttT
~837
eh~ ~ll
37~~7
pac7
3~&G3~et
se~-+-~
bandf4~s
4ne~ude beth
ncn—hacardet~s and
hacerdeus
waste
iendf4~s
pecn~4tted under
Seet4ens
~3+d-~
or
~3~+f+
of
the
AetT
Bn~essetherw~se4nd~eeted7~andf4~&’
4ne~udea
surface 4~poundmentsand waste p4~es
4n
wh4eh
waste
ces4dues are e~tpeetedto re~e4nafter e~esure7and ~and
app~4eat~on7
eb)
The
provisions
of
35
Ill.
Adm,
Code
721.105
notwithstanding,
the
-1andf4~4n~ prohibitions
of
this
Part
apply
to
all
persons,
including
small
quantity
generators,
unless otherwise indicated
in this Part.
73-108
—21—
dc)
The
~endf~~4ng
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,
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
~andf4~
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.
Stãt,
1983,
ch,
ill
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.
Mm.
Code
720.110
“Hazardous
Waste”
is
a
hazardous
waste
as
defined
at
35
Ill.
Mm,
Code
121,103
“Hazardous
wastestream”
means
a
“wastestream”
which
iTncludes
a
“hazardous
s.iaste”
“Land
disposal
unit”
is
as
defined
in
35
Ill,
Adm.
Code
709.110,
--
“Liquid
hazardous
waste”
is
as
defined
in
Section
T29,30l,
--
“Original
generator”
is
a
person
who
generates
haz~rdous
waste
as
a
result
of
an
activity
or
production
process
other
than
the
treatment
of
ha±ärdous waste.
73-109
—22—
“Residual”
is
any
material
other
than
a
gas
which
remains
after,
or
is
~ènerated
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,
Mm.
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
A’ency
may
allow
the combination of wastestreams
into
a
single
wastestream
if such combinatidn does not
limit
the
poss’ibilities
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
1N
A
PERMITTED
HAZARDOUS
WASTE
LAND
DISPOSAL
UNIT
OF
A
TYPE
IDENTIFIED
rN
SUBSECTION’ (c)
UNLESS
THE
GENERATOR
HASREASON~BLY
DEMONSTRATED
THAT,
CONSIDERING TECHNOLOGICAL
FEASIBILITY
AND
ECONOMIC
REASONABLENESS,
-~
HAZARDOUS
WASTE
CANNOT
BE
REASONABLY
RECYCLED
FOR
REUSE,
NOR
INCINERATED
OR CHEMICALLY,
PHYSICALLY OR BIOLOGICALLY
TREATED SO AS TO NEUTRALIZE THE HAZARDOUS WASTE
ATND
RENDER
IT NONHA~ARDOUS.
(Section 39(h)
6f the Act.)
b)
Residuals.
Paragraph
(a)
notwithstanding,
a person may
deposit
a
residual
from
the
treatment
of
a
hazardous
waste
ma
land
disposal
unit
if:
--
1)
The Board has adopted
technical standards at
~ection
729,111
and
729,112
which are áp~1icable
to
the waste
2)
The
person
will
manage
the
waste
in
a
manner
authorized by the techni~àlstandard
3)
The waste meets the technical standard;
and,
73-110
—23—
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
(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 ina lãnd’disposal unitif 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
~eneric hazardous was’tè.
1)
A “generic hazardous waste”
is
a hazardous waste
which
is listed
in 35 Ill. Adm. Code 721.131
or
T2l.l32.
--
2)
To conduct “treatment”
of hazardous waste,
a
person must have a
RCRA
permit or
interim status
pursuant to
‘35 Ill. Mm.
Code
703, except in~OTar
as treatment without
a permit is~authorizedby 35
Ill. Mm.
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 circumstariTcès bearing upon the eáonomic reasonableness
of recycling, reusing,
incinerating, or chemically, physically or
biologically neutralizing the hazardous waste ahd rCñdering
it
non—hazardous,
-
In this regard,
the A~éncy:
--
a)
Shall not consider process substitutions or
waste
minimization
b)
Shall
not consider the profitability of the
generator.
G’enerators may, however, req~é~tvariances
pursuant
to 35
Ill.
Adm, Code 104’based on
a showing
of
arbitrary or
unreasonable hardship
73-111
—24—
c)
Shall
consider
the
cost
to
transport
the
waste
to
the
nearestãvailable treatment or land disposal unit,
including units located outside the state
-
d)
Shall consider both the cost of conducting treatment at
tThe
site
of
generation
and
off—site
e)
Shall consider whether treatment alternatives can
render
the hazardous waste stream non—hazardou~7 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
purposeso~
granting or denying
a waste stream authorization
pursuant to Section 129,410(a)
f)
Shall not consider unrelated information regarding the
applicant’s
other
permits;
and
g)
If
a
waste
management
alternative
is
not
economically
reasonable
because
of
temporary
factors,
the
Agency
sThall provide that the authorization will expire
at
~uch
time
as
the
Agency
expects
the
tem~orary~factor
to
cThange. Temporary factors include, but are not limitedT~
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
produ~t
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
neáessary
in
order
to
implement
an
otherwise
economically
reasonable
a1ternativ~?o
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
73-112
—25—
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,
b)
A waste management alternative
is not technologically
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
aüthorfzatioh
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 ~ai’~df~&~4ngdeposit
in
a
land
disposal
unit
of
wastes
containing
halogenated
compounds.
RuJéC 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 ~endf4I~ liners.
d)
Aqueous solutions of halogenated compounds placed
directly into
the iandf4~iland disposal
unit, could
damage synthetic liners and move into grouñd~ater,
73-113
—26—
e)
Because
of
their
differing
impacts
on
~andf4Hs
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
)
Section 729.203
Waste Analysis Plan
The
owner
or
operator
of
a
land
disposal
unit
&endf43~ 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
submitted
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)
Ph~sSubpart she~not bar the ~esuanee of a RSRA per~t4tpursuant
to
Seet4on
2~+f-~
of
the
Act
and
35
fl~-
Ad~t-ceode
~83 for ‘and
tceet~tentof ha?ardoue waste 4f the owner or operator
demenstretesy pursuant to 35 H~
Ad,,~
eede
~G3T~SG7 ~63~3G
and
that any ha~e~enatedeer~peunde
~n
the
waste
wH~ be
een~p~ete~y
degraded-, trensfor~edor 4eb4~4red 4n the treet~tent
~zeneT
(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.
73-114
—27—
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”.
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 ~andf~~.
(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 ~andf~~
any hazardous waste containing
an
aqueous liquid phase containing more than 14,000 mg of
halogenated compounds in any
1 kg.
73-115
—28—
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
)
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 Sedtion 129,103:
-~Aet~’~eens the Env4rortn~enta~
Protect-ion Act
+H~T
StStT 3~9837eh7 3~33 3~’2-, parT ~G&3~ at
~uAgeneyli~eens
the
~4ne4s En~4roru~enta~
Preteeton
Agency
flBoerd.*t ~eens the fHnes
Pe~ut4eneontre~Board
ilSenera~ter.U4s as defined
4n 35 ~
Ad~ eode
GT3~O
1fiarardous Weste-~’4s a he~ardouewaste as defined at 35
~H-~ Adam
eede
~23~T~S3
“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
AN UNDERGROUND INJECTION WELL,
(Section
22.6(d)
of the
73-116
—29--
Act),
As used
in this Subpart,
a “landfill”
is
a “land
disposal unit”
as defined
35
11l. 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,
“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.
~er4g4na-3generator-1’
is a person who generates
herardeus waste as a resu~tof en aetivty or
productori process other than the treatment of
herardeus wasteT
~‘Res4due~1’
4s any meter4a~other than a gas whieh
remens after
or 5s generated by7 the treatment of a
~34gu4dherardous wasteT
A “resdua&1’ may itse~fbe a
~1-igtt4dherardous
wast&’T
~Preater” 4s a person who engages
-in treatment of
herardous wSSteT
A -1’treater~may be a
-“generator11-, but
may not be the ‘or4g4na~generater-1’T
“Treatment”
is treatment as defined at
35
Ill. Adm.
Code 720.110,
35
Ill.
Adin,
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.l0l(g)(8) or
725,l0l(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) ~ANBP~M~ OF ANY LIQUID HAZARDOUS~
WASTE,
UNLESS ~I~1WGENERATOR 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
73-117
—30—
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) ~andf5~
of a residual
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 -~andfi~1ed
if
it
no JOnger 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 ~andf~Hed
if it
no longer meé’ti the definition of “liquid
hazardous waste”.
3)
Solidification:
The residual may be deposited
in
a land disposal unit ~andfifled
if
it no Ionger~
meets the deffnition 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’) -~andfi~of ~ 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.
Adin, Code 109,110,
éi~O’’ept
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
73-118
—31—
No person shall
cause, threaten or allow the placement into any
land disposal unit a ~andfi~
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
)
Section 729.313
Biodegradable Absorbents
No person shall cause, threaten or allow the disposal in any land
disposal unit ~andfi~
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 J. Theodore Meyer concurred.
Board Member
R.
Flemal dissentted.
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify that the above Proposed Opinion and Order
was adopted on the
~~7—
day of
~
,
1986 by a
vote of
.5—f
~.
//~~)
Dorothy
M.
G4~nn,Clerk
Illinois Pollution Control Board
73-119
