73-442
73-453

ILLINOIS POLLUTION CONTROL BOARD

October 23,

1986

IN THE MATTER OF:

HAZARDOUS WASTE PROHIBITIONS

)

 R 86—9,

 Docket A

EMERGENCY RULE.

OPINION AND ORDER OF THE BOARD

(by

J.

D.

 Dumelle):

Docket R86—9 was established by Order of February 26,

 1986,

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,

Uunless specific authorization

 is obtained

 from the

 (Illinois

Environmental

Protection

Agency

the

generator

and

the

disposal

site

owner

and

operator.”

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 were

 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.

 On October

9,

 1986,

the

 Board once again

proposed the adoption of emergency rules and opened

 a new docket,

R86—9,

 Docket A,

for

 that purpose.

This Opinion will not restate the matters addressed

 in the

earlier opinions.

Rather,

this

Opinion

will

simply

respond

the

comments

which

have

been

made

concerning

the

proposed

emergency

rule

since

the

October

9th

Order

are

noted

and

explained

this

Opinion.

For

full

understanding

today’s

action

 it is necessary to read each of the opinions issued

in

this matter

 as being cumulative.

Several comments have been received since

 the Board’s

adoption of a proposed emergency rule on October

 9, 1986.

In

Public Comments Nos.

9

 and 9A, Petrochem Services, Inc. states

its belief that immediate removals conducted by responsible

parties under Agency supervision should be exempted

 from

the

Section 39(h)

 process and that the proposal only exempts those

remedial actions which are financed by USEPA or the Agency.

Petrochem alleges that more than 90

 of hazardous substance

releases are cleaned

 up by responsible parties under

the

direction of either USEPA or the Agency and that the

 failure to

73-427

—2—

include such clean—ups in

 the Section 709.202 exemptions would

cause delay,

 discourage voluntary action,

 and waste both

governmental and private resources.

 Furthermore, Petrochem

argues that other adequate protections exist

 to ensure proper

disposal of such wastes, that the exemption would

 not cause any

significant increase

 in the landfilling of such wastes,

 and that

a public health hazard may actually be created.

 In Public

Comment No.

 15, on the other hand,

 the Agency states that while

it

 “appreciates the Board’s intentions in exempting remedial

action wastes,” it does not believe that Section 39(h)

 allows

for

such exemptions.

 It takes this position despite

 the fact that

in

Public Comment No.

 3 the Agency requested expansion of the clean-

up exemptions to cover actions pursuant

 to Section 4(s)

 of the

Act,

 a position with which the Board agreed.

The

 Board

 finds that in using

 the word “wastestream”

in

Section 39(h)

 the legislature evidenced its intent to cover only

those

wastes

which

are

“routinely

 or periodically produced.”

(See Section 709.102).

 Since spills would not ordinarily meet

that definition,

 it makes sense

 that such wastes should

be

exempted, especially where other safeguards

 exist.

 The Board,

therefore, will adopt

 the language proposed

 by Petrochem

in

Public Comment No.

 9A as new subsection

 (c) with

 a minor language

change.

 This action

 is being

 taken

 to ensure that a public

health hazard

 is not inadvertently created through the failure to

exempt

such

remedial

actions.

The

Board

uncertain

 whether

 such a hazard would

actually arise absent this action and specifically invites

further testimony on this exemption

 in Docket

B,

 but the prudent

course appears

 to be

 to allow it on an emergency basis.

In Public Comment No.

10,

 the Shell Oil Company indicates

that surface impoundments should

 not be subject

 to Section

39(h).

 The Agency also contends that the surface impoundment

provision

 is “confusing,” and Citizens

for

 a Beter Environment

(CBE) argues that such an exemption

 is illegal.

 (See

P.

 C. No.

15,

p.

6

and

P.

 C. No.

 16 pp.

 3 and 6—7).

 The Board believes

that

 a surface impoundment

 (or waste

 pile)

 which will not have

all wastes and waste residuals removed

 upon closure

is

in

practical effect the same as

 a landfill and should be covered by

Section 39(h).

 If these material are

 all removed, then there

is

little

or

 no basis

 to have

 it apply, and

 the Board continues

to

believe that

 it should be exempted.

Shell

 also contends that wastes which no longer exhibit the

characteristics

 of hazardous waste

 in Part 721. Subpart E should

not be considered hazardous

 for purposes of Section 39(h).

(P.

C.

No.

 10, pp. 1—2).

The

 Board agrees that non—hazardous wastes

should

 not be covered, but that

 is the purpose of Section

729.112(b).

 If the waste

 is non—hazardous,

 it should be

delistable,

and

if

the

generator

can

establish

its

delistability,

no other

 showing need

 be made.

73-428

—3—

Shell

 next contends that Section 729.122(e)

 should not be

limited

 to the consideration of rendering a waste

 non—

hazardous.

 Other

 cominenters have also noted this.

 These

comments are, unfortunately,

 based upon

 an error

 in the October

9,

 1986 Order.

 The Opinion correctly indicates the Board’s

intent that the Agency consider the option of rendering the waste

less hazardous.

 The Order, however, incorrectly states that it

cannot.

 The Order has been corrected.

Finally,

 Shell

 argues that RCRA interim status should not be

considered as a permit, citing Section 702.110.

 However, that

section specifically relates to Part 705 and

 is being

 used out of

context here.

 This question was discussed at hearing,

 and the

Board believes that interim status should be considered

the

equivalent of “permitted.”

In Public Comment No.

11

 the Illinois Environmental

Regulatory Group

 (IERG) urges quick action on emergency rules and

urges the Board,

 if necessary,

 to specify that the Agency can

continue

 to process applications using

 existing forms.

The

Agency and Peoria Disposal have indicated that the adoption of

emergency rules would disrupt the Agency’s processing

of

applications since procedures and forms would have to be revised

and prior

 actions would have

 to be “called back.”

(P.

C.

No.

15,

pp.

 4—5).

 The Board

 fails to understand why this would

be

necessary.

 While the emergency rules may cause some changes

in

the Agency’s decisionmaking process, that

 is for the most part an

internal matter.

 To the extent that the Agency’s application

form requires information which becomes irrelevant

 under

 these

rules, that information can be

 ignored,

 and there does not appear

to be any information which the

 Board

 is ordering

 be submitted

or

which the Board

 is ordering the Agency to consider which goes

beyond the Agency’s present procedures,

 so that should not cause

any problem

 If such information

 is needed,

 it can be separately

requested.

 Finally,

 if there

 is any impact on previous

decisions,

 the magnitude of that impact will only increase the

longer

 the Board waits before adopting rules.

 For these reasons,

the

 Board finds that the adoption of emergency rules should

not

serve

 to disrupt the ongoing processing

 of applications.

In Public Comment No.

 12 the Steel Group contends,

 among

other

 things, that there

 is sufficient evidence before the Board

to establish technical standards for electric arc furnace dust

(EAF dust).

 The Board

 agrees that there

 is evidence

 in the

record

 to establish that EAF dust is not treatable

 so as

to

render

 it non—hazardous and that

 it cannot at present be reused

or recycled.

 However, the

 Board will

 not adopt such a rule at

this time for two reasons.

 First,

 there

 is evidence that EAF

dust

 should not be allowed

in

 all hazardous waste landfills

in

that it

 is best managed

in

 a monofill

 or other

 landfill which

maintains

 a neutral pH, and there

 is considerable work being done

to develop better

 technologies.

 Thus,

 some limitations appear

73-429

—4—

appropriate while

 the Board

 remains uncertain as

 to exactly what

should

required.

specific

language

has

been

proposed,

and

the

Board

does

not

believe

has

sufficient

information

make

its own proposal.

 Second, the

 intent of these emergency rules

is

to

 set forth guidance

 as to how the Section 39(h) program should

be implemented

and

 is not,

 in general, aimed toward remedying

all

specific problems.

 Such problems are less in the nature of an

emergency

and

are

best

addressed

after

full

consideration

Docket

B.

In Public Comment No.

 13 Waste Management,

 Inc.

 (WMI)

reiterates

 its position that residuals should not be subject to

Section 39(h)

 and argues that the Board has actually proposed

disincentives

 to treatment which are contrary

 to the intent of.

that

section.

Such

not

the

Board’s

intent.

Part

the

basis

of

WMI’s

 concern is the error

 in Section 729.122(e) which was

noted

above,

and

which

being

corrected

this

Order.

The

Board

intends

that

the

Agency

can

consider

whether

economically reasonable

and

technically

feasible

treat

 wastes

so

as

 to render them less hazardous rather than non—hazardous.

Secondly,

WNI

 appears to have misconstrued

 the effect of Section

729.112(b).

 That section

 is not intended

 to preclude the

landfilling

 of residuals unless

 the applicant demonstrates that

the waste

 is delistable.

 Rather,

 if the waste

 is delistable, the

Section 39(h) process

 is circumvented.

If

it

 is not delistable,

then

39(h)

will

applied

the

same

manner

applied

any

other

hazardous

 waste pursuant to Section 729.110(a).

Public

Comment

No.

the

Agency

restates

its

belief

that

emergency

rules

are

not

justified

and

would

disruptive

the

ongoing application process.

 These

 issues have been addressed

above.

The

Agency

also

presents

comments

several

the

proposed

rules.

The

Board’s

responses

significant

comments

which

have

 not already been addressed follow:

Section

709.106:

The

Board

has

corrected

the

format

this

rule

arid

 has amended

 the date of timely filing

 to November

15,

 1986,

since

 the adoption of these rules has been delayed.

 Both the

Agency and CBE have again asserted that the Board

 lacks

 this

authority.

(P.

C.

 No.16, pp.

 3 and 7—8).

 However, the Board has

already considered

 the issues regarding the Board’s authority to

set a date of timely filing which would allow

for

 a determination

after

January

1987,

and

has

concluded

that

does

have

such

authority.

Section

709.llO(b)(2):

Under

this

section

non—complying

discharge

to

 a publicly owned

 treatment works would require

approval,

 but such approval would

 be unlikely at best.

 This

would allow

 for enforcement

for

 failure

 to obtain approval

in

conjunction with any other

 violations.

73-430

—5—

Section 709.l10(b)(4):

 The Board’s rationale for exempting UIC’s

from the universe of land disposal units remains unchanged.

CBE

has also again challenged

 this exemption.

(P.

C.

No.

 16, pp.

3

and 7—8).

Section 709.403:

 The Agency argues that this is unnecessary.

It

is simply intended for

 notice purposes and will be retained.

Section 729.100(çJ:

 The Agency noted

 an inadvertent loophole

in

this rule which is

intended

apply

only

empty

containers.

The word

“empty”

has

been

added.

Section 729.112(a):

 The Agency believes that there

 is no reason

to exclude wastes listed

 in 721.133 from the universe of generic

hazardous wastes.

 The Agency is correct and the rule has been

amended

 to add the phrase “or 721.113.”

 This was inadvertently

omitted when other changes were made to

 the rules.

Section 729.122:

 The Board

 fails

 to understand how it has

shifted

 any burden of proof onto the Agency from the applicant.

The Agency

 is simply to consider the information the applicant

submits to

 it and determine whether

 the requisite showing has

been made regarding economic reasonableness and technical

feasibility.

 If sufficient information

 is lacking, the

authorization can be denied as an insufficient demonstration.

This

 is consistent with the legislative mandate.

The Board realizes that the rule

 is somewhat awkward and

that some of the concepts have been forced

 under

the

heading

economic reasonableness when they might be better placed

 in other

sections.

 However, the Board anticipates restructuring this rule

in Docket B and has determined that for reasons of administrative

convenience they should

 be grouped

 in this manner

 for purposes of

this emergency rule.

In subsection

(a)

 the Board does intend

 to preclude

consideration of process substitutions and waste minimization.

The Board

 finds that these concepts are contrary to Section 39(h)

of the Act which specifically lists

 the appropriate

considerations which deal with “end—of—the—pipe” wastes.

The

Board does not mean

 to suggest that process changes resulting

in

less hazardous wastes or less waste are anything but laudable,

but rather

 finds that they are not part of the Section 39(h)

process.

 CBE has again expressed

 its opinion that these options

must be

 included

 in the Section 39(h)

 process.

(P.

 C. No. 10,

pp.

 3 and 5—6).

In subsection

(c)

 the Board

 in no way intends the Agency to

bar in—state disposal simply because out—of—state disposal is

less expensive,

nor

 is “public

 health or environment”

 in Section

729.123(c)

 to be construed only as

 to apply

 to the State of

Illinois.

 However,

 if there are properly run, fully permitted

73-43 1

—6—

facilities out—of—state which can be utilized

 in an economically

reasonable

and

technically

feasible

manner

and

there

are

such

facilities

Illinois

 other

 than land disposal units, those

wastes

 should

 not be

 allowed

 to be placed

in

 an Illinois land

disposal

 unit.

Subsection

(d)

 may require

 a time—consuming process, but

this rule

 is intended simply

 to reflect the mandate of Section

39(h).

 A generator cannot simply decide not

 to conduct treatment

off—site and then demonstrate that

 it is not economically

reasonable or

 technically feasible

 to treat it on—site, nor can

he do the reverse.

If

 a viable

 alternative may exist,

 it must be

pursued.

Subsection

 (e) was incorrectly proposed

 as discussed

earlier.

Section 729.123:

 Under Section 709.310 the applicant has the

burden of demonstrating the lack of economic reasonableness and

technical

 feasibility.

 As such,

 the applicant has the difficult

task of proving

 a negative.

 The only burden on the Agency

is

to

determine whether

 an adequate showing has been made.

 If the

Agency is aware of

 an actual operation which

 could be used, the

authorization can be denied.

 If the Agency is unaware of such

actual operation, that does not, however, mean that the

authorization must be granted.

 Only if the applicant

demonstrates that there

is

 no actual operation

 in existence has

the technical feasibility requirement been met

 (as limited by

subsection

 (b)).

 Further,

 under subsection

 (c) the Agency can

consider

 information concerning pilot plants or

 studies which may

 indicate the future likelihood of a technically feasible

alternative.

 That subsection

 is admittedly somewhat vague as

to

the

meaning

 likely and further refinement may be possible

under Docket

B.

Beside

 those arguments already noted, CBE has made

additional comments, which are deserving

 of further discussion.

Two general comments which appear

 to demonstrate

a

misunderstanding of the Board’s position will be

 first

addressed.

 CBE is disturbed that the Board’s October

9,

 1986,

Opinion

 states that the proposed emergency rule “is likely to

remain

 in substantially the same form

 in the final

 rules.”

All

that was meant by that statement as that the format,

not

necessarily the substance, was likely to remain similar

 in the

final

rul~s.

Secondly,

CBE

apparently

believes

that

the

Board

has taken

 the position that Section 39(h)

 is not self—

implementing and that the Agency could

 not act

 in the absence of

Board rules.

 While

 the Board

 has noted that such an

 argument

could be made,

 it has not found that

 to be the case.

 The Board

has

stated

that

the

Agency

lacks

the

authority

adopt

substantive

rules

under

Section

39(h)

and

continues

believe

that

the

true.

73-432

—7—

CBE also appears to believe that the Board has precluded the

Agency from consideration of recyclability and reuse through the

deletion of that section.

 Such

 is not

 the case.

 The Board has

simply withdrawn its proposed guidance

 on that issue

 in response

to CBE’s concerns regarding

 the language of the earlier proposed

section.

 The consideration of those issues

 is expressly mandated

by Section 39(h)

 and must

 be considered

 by the Agency.

Finally,

 CBE contends that the words “as much”

 should

be

deleted

 from Section 729.123(b).

(P.

 C. No.

16,

p.

8).

The

Board does not believe that

 in so doing

 it has created

a

“presumption

in

 favor of land disposal,”

but

 it does agree that

insofar as technical feasibility

 is concerned, the “as much”

language should

 be deleted.

 That change has been made to the

 Order.

In Public Comment No.

17

 the Agency has indicated

its

opposition

 to dropping the exclusion

 for persons who ship waste

to a treater

or

 storer who bulks

 the wastes with wastes from

other generators.

 The Agency has finally recognized that

dropping

 this exclusion would result

 in the inclusion

 in the

Section 39(h)

 process of generators utilizing commercial off—site

treatment, thereby greatly enlarging the universe of regulated

persons and the administrative burden on the Agency.

 The Board

had earlier recognized

 this problem and proposed language

including the concept that the wastestreams “ceases

 to exist”

for

purposes of Section 39(h)

 to avoid

 this burden.

 That language

caused concern regarding the possible avoidance of CERCLA

liability which was not intended.

The Board agrees with the Agency that this burden

is

unjustified and will return

 to the concept employed

in

 its June

11, 1986 proposal with certain modifications.

 The Board has

moved

 the exclusion from the definition of land disposal

 unit to

the personal exclusions of Section 709.202.

 The Board has also

modified

 the definitions of “Wastestream” and “Original

generator”

 in such

 a manner that

 it cannot result

 in any

infringement upon the

RCRA

or CERCLA programs while avoiding the

burden of duplicative applications.

ORDER

The Board hereby adopts the following emergency rules:

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

PERMITS

73-433

—8—

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

Definitions

Deemed—issued Wastestream Authorizations

Expiration of Supplemental Permits

Severability

Deemed—Issued Wastestream Authorization Pursuant

to

35 Iii. Adm. Code 709.200

Land Disposal Unit

Section

709.301

709. 302

709.310

SUBPART

B:

 PROHIBITIONS

Hazardous Waste Authorization

Liquid Hazardous Waste Authorization

Exemptions

SUBPART

D:

 REVIEW OF WASTESTREAMS

Section

709. 400

709.401

709. 402

 709.403

709. 404

General Standard for Issuance

Standard for Issuance for Liquid Hazardous Waste

Negative Finding

Denial of Wastestream Authorization

Time Requirements for Agency Action

SUBPART

 E: CONDITIONS OF

WASTESTREAM AUTHORIZATIONS

Section

709.501

709.510

709.520

Duration

General Conditions

Authorized Methods of Disposal

SUBPART F:

 MODIFICATION,

REVOCATION AND APPEAL

Section

709. 200

709.201

709.202

SUBPART C:

 APPLICATIONS

General Application fe! f4qt~4dHe?ardet~eWaste

Signatures

General Hazardous Waste Application

73.434

—9—

Sec tion

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.

 ill 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;

 emergency

amendment adopted

 in R86—9A at 10 Ill. Reg

effective

for

 a maximum of 150

 days.

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

wastestream

authorizations

required

Sections

22.6

and

39(h)

the Environmental Protection Act (Act).

b)

 This Part applies to generators of hazardous waste

as

specified

 in Subpart

B.

c)

 35 Ill. Mm.

 Code 729 contains technical standards

which are to be used

 to determine

 in what manner

a

waste

 can be managed.

(Source:

 Emergency added at

10

 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 709.102

 Definitions

The

 following definitions e~3~

 Aâm~-ee~e~29~G~

apply to

 this Party

 4rt e~4t4ei’~

 te ~A~e?e

 ew4~~e~r~rs:

“Act” means the Environmental Protection Act

 (Ill.

 Rev.

Stat. 19835,

ch.

 111 1/2,

 par. 1001).

73.435

—10—

“Agency” means the Illinois Environmental Protection

Agency.

“Board”

 means the Illinois Pollution Control

 Board.

“Generator”

 is as defined

 in 35

 Ill.

 Adni.

 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,

 or who combines wastestreams for

storage or

 treatment pursuant

to

 a permit and

wastestream authorization.

“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.”

“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. Mm.

 Code 720.110.

“Wastestream” means

 a “solid waste”

 as defined

 in 35

Ill.

 Adrn.

 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 wastestreani

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.

 For the purpose of determining

whether

 a wastestream authorization

 is required, and

only for

 that purpose, when wastestreams are combined,

the consitituent wastestreams cease

 to exist, and

the

73.436

—11

—

person who combined

 the wastestreams becomes the

original generator of a new wastestream.

(Source:

 Emergency amended

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 709.106

 Deemed—Issued Wastestream Authorizations

Pursuant to 35 Ill. Mm. Code 709.200

a)

 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 3. 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.

b)

 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

15,

 1986 shall

 be deemed timely filed

for

the

purposes of this subsection.

 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 are

examples of land disposal units:

1)

 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.

73-437

—12—

Code

 724.372, that

 the hazardous constituents

in

the waste can be completely degraded, transformed

or

 immobilized

in

 the treatment zone.

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. Mm.

 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. Mm. Code

 704.

(Source:

 Emergency added

 at 10 Ill. Reg.

effective

for

 a maximum of 150 days.

SUBPART B:

 PROHIBITIONS

Section 709.200

 Hazardous Waste Authorization

a)

 Hazardous wastes. NO HAZARDOUS WASTESTREAM MAY BE

—

DEPOSITED

ANY

PERMITTED

LAND

DISPOSAL

UNIT

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.

73-438

—13—

(Source:

 Emergency added

 at 10 Ill.

 Reg.

effective

for

 a maximum

 of 150 days.

Section 709.201

 Liquid Hazardous Waste Authorization

a)

 Liquids:

 NO PERSON SHALL CAUSE,

 THREATEN OR ALLOW THE

DISPOSAL IN ANY

bANBPThb

 LAND DISPOSAL

UNIT

OF A TYPE

IDENTIFIED IN SUBSECTION

 (c) OF ANY LIQUID HAZARDOUS

WASTE UNLESS THE AGENCY

HAS

ISSUED A WASTESTREAM

AUTHORIZATION FOR THAT WASTESTREAM.

 (Section 22.6(a)

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 any ~ei’té?4~ 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 applies

to

 all types of land disposal

units

 identified

 in Section 709.110, except surface

impoundments and land

 treatment units.

(Source:

 Emergency amended

at

 10 Ill. Reg.

effective

for

 a maximum of

 150 days.

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

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

c)

 Voluntary cleanups conducted by responsible parties and

their contractors under

 the supervision or direction

the Agency,

or

 the United States Environmental

Protection Agency with respect to wastes generated as

a

result

immediate

and

remedial

action

pursuant

the

Comprehensive,

Environmental

 Response Compensation and

Liability_Act_(42 U.S.C.

9601

 et Seq.)

 and s~pill

responses in accordance with Section 703.221 and

750.401(b);

and

73-439

—14—

d)

 A generator who ships wastes to

 a storage or treatment

unit:

1)

 Which is not located at the facility at which the

waste

 is generated;

 and,

2)

 Of which the generator

 is not the owner

or

operator; and,

3)

 At which the waste

 is combined with wastes from

other generators for treatment or transportation

to

 a treatment

 unit; and,

4)

 For which the owner or operator has obtained a

RCRA permit or

 interim status pursuant to

 35 Ill.

Adm. Code

 703;

 and,

5)

 For which the owner or operator has obtained

a

wastestream authorization for disposal of

residuals from treatment of the combined waste.

(Source:

 Emergency added at 10 Ill. Reg.

effective

for

 a maximum of 150 days.

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 sqpporting 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).

 The Agency may prescribe the form

 in which all

information required under

 this Section shall

be

submitted.

~j

 All permit applications shall

 be mailed

 or delivered to

the appropriate address designated by the Agency,

and

shall

sent

registered

certified

mail,

return

receipt

requested

or

delivered

in

person.

Applications

which are hand—delivered shall be delivered to and

73.440

—15—

receipted for by the Manager of the Agency’s Division

of Land Pollution Control

 or his designee.

(Source:

 Emergency added

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

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.

 Adni. 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:

 Emergency added

 at 10

 Ill.

 Reg.

effective

for

 a maximum of 150 days.

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 IS

NOT

PROHIBITED OR LIMITED BY BOARD REGULATIONS.

(Section 22.6(c)

 of the Act).

73-441

—16—

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

ei~

aMy

4?

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.

 Adni.

 Code

729.310(b), and that land disposal

 is not prohibited or

limited

 by Board regulations.

e.~

 Ne~e4.-i~e

Fi’t~

 1~or

wea~e5w~4e1’~are i~e4~era

1’tese~euewae~e

tier a ree4thiM ?ref~t+.~e

t~ree+ieieti~e~a

4.4qt~4d+~a ~etie

Wastey

~1ie

A~etiey

n~ay4~et~ea

waatee+~ree~ra ~1ie~4~et4eti~pea a

ii~4ii~ t~e~

+A’te

~

4e

 iiet at~ee~te

 ei’iy

et~ier

4ati4444ti’g

~p~reM~4t4eti~

(Source:

 Emergency amended

 at 10

 Ill. Reg.

effective

for

 a maximum of 150 days.

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:

 Emergency added

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 709.403

 Denial of Wastestream Authorization

If the Agency denies any wastestream authorization required by 35

Ill. Mm. 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) (1 )—(4)

 of the

Act.

(Source:

 Emergency added

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 709.404

 Time Requirements for Agency Action

a)

 An application for

 a wastestream authorization shall not

be deemed

 filed until

 the Agency has received, at the

designated

 address,

 all information, documents,

and

73-442

—17—

authorization in

the

 form and with the content required

by this Part. However,

 if the Agency fails to notify the

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.

Mm. Code 709.603.

~j

If

 the A~encyfails to take final action on

the

application 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

registered

 or certified mail,

 return

recei~p~

requested.

Final

action

shall

deemed

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.

(Source:

 Emergency added

 at 10 Ill. Reg.

effective

for

 a maximum of 150 days.

SUBPART

E:

 CONDITIONS OF WASTESTREAM AUTHORIZATIONS

Section 709.501

 Duration

A wastestream authorization shall

 be valid

for

 a period of not

~eee t~eti

etie

 tier

more than

 three years.

(Source:

 Emergency amended

 at 10 Ill.

 Reg.

effective

 for a maximum of 150 days.

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 7293~.

 (Section 22.6(c)

and

39(h)

 of the Act).

73.443

—18—

(Source:

 Emergency amended

 at 10 Ill. Reg.

effective

for

 a maximum of 150 days.

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

 c: HAZARDOUS WASTE

OPERATING REQUIREMENTS

PART 729

NBThI,SI-

 PROHIBITED HAZARDOUS WASTES

 IN LAND DISPOSAL UNITS

SUBPART

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:

 HALOGENATED 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

 (Repealed)

Effect on Wastestream Authorizations and Supplemental

Permits (Repealed)

Definitions

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

Section

729. 301

729. 302

729. 303

73-444

—19—

729.310

 Liquid Hazardous Waste Restriction

729.311

 Prohibition of Non—hazardous Liquids in Hazardous Waste

Land~s

 Disposal Units

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 R81—

25

at

 8 Iii. 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;

 emergency

amendment adopted

 in R86—9A at 10

 Ill. Reg

effective

for

 a maximum of 150 days.

NOTE:

 Capitalization is used

 to indicate that the language

quotes or paraphrases a statute.

SUBPART A:

 GENERAL HAZARDOUS WASTE

 RESTRICTION

Section 729.100

 Purpose,

 Scope and Applicability

a)

 The purpose of this Part is

 to prohibit the disposal of

certain hazardous wastes in ~end~4Hs

 land disposal

units.

 “Hazardous waste”

 is as defined in 35 Ill. Mm.

Code 721.

 “Land Disposal Unit”

 is defined

 in 35 Ill.

Adm. Code 709.110.

 35 Ill. Adm. Code 709 requires

wastestream authorizations

 for certain wastestreams.

~+

 En~eesethefw4se 4nd4ee~ed7the reqd4~ementee~th4s

Pert epp~yto

 idft~s7 or ~sen4teey

 nd~tH&’as

de?4ned ~n the E~w4~enmentMProteet4en ~et +Aet+

+~a~

Rev~Stat-

 ~9&3y e~t7~i

~2y

 pa~-~~G9~ et

seq~+~

nd~4He

4ne~debeti~nen—he~ardet~send 4ieze~deuswaste

~endHs

 perm4tted

under

Beet~ons~+d+ e~2~+?+e~

the

Aet-~ Bn~essetherwtse 4nd~eated7~‘~end?4H&’

 4ne~1udes

auffees 4mpoundments end waste p43es

 4ri wl’~tehwaste

res4dues ass expeeted to sema4n after e~esuse7and ‘and

epp~4eat4on7

eb)

 The provisions of

35

 Ill. Adm. Code 721.105

notwithstanding,

 the ~andf4H4ng

 prohibitions of this

Part apply to all persons, including small quantity

generators,

 unless otherwise indicated

 in this Part.

73-445

—20—

dc)

 The ~endf43~4t~gprohibitions of this Part do not apply

to residues of hazardous waste

 in empty 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 4end?434

 land

disposal unit.

(Source:

 Emergency amended at 10 Ill.

 Reg.

effective

for

 a maximum

of

 150 days.

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.

 1985,

ch.

 111 1/2,

 par.

 1001 et seq.).

“Agency” means the Illinois Environmental

Protection

Agency.

“Board”

 means the Illinois Pollution Control Board

“Generator”

 is as defined

 in 35 Ill.

 Adni.

 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”

defined

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

73-446

—21—

hazardous waste, or who combines wastestreams for

storage or

 treatment pursuant to

 a permit and

wastestream authorization.

“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.”

“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

routinely

periodically

produced

certain

generator

result

certain

activity,

production

process

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

wastestreams

into

 a single wastestream

 if such combination does not

limit

 the possibilities

for

 treatment,

 recycling

or

disposal

 of the wastes.

For

 the purpose of determining

whether

 a wastestream authorization is required, and

only for

 that purpose, when wastestreams are combined,

the consitituent wastestreams cease to exist, and the

person who combined the wastestreams becomes the

original generator of

 a new wastestream.

(Source:

 Emergency added

at

 10 Ill. Reg.

effective

for

 a maximum of 150 days.

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,

NOR

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:

73-447

—22—

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

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

Ill.

Adm.

Code

709.110.

(Source:

 Emergency added

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 729.111

 Nonhazardous Residuals

~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:

 Emergency added

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 729.112

 Residuals from Generic Hazardous Waste

a)

 This Section applies

 to residuals from

 the treatment of

generic hazardous waste.

1)

 A “generic hazardous waste”

is

 a hazardous waste

which

 is listed

in

 35 Ill. Adm. Code 721.131

or

721.132

 or 721.133.

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. 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.

 Adni.

 Code 720.122.

(Source:

 Emergency added

 at 10 Ill.

 Req.

effective

for

 a maximum of 150 days.

73-448

—23—

Section 729.122

 Economic Reasonableness

making

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:

Shall

not

consider

process

substitutions

waste

minimization

b)

 Shall

 not consider

 the profitability of the

generator.

 Generators may, however, request variances

p~irsuantto 35 Ill.

 Adin. 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

Shall

consider

both

the

cost

conducting

treatment

the

site

generation

and

off—site

e)

 Shall

 consider whether

it

 is economically reasonable

to

render

the

waste

either

non—hazardous

less

hazardous

f)

 Shall not consider

 unrelated information regarding

the

applicant’s

other

permits;

and

~gj

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 factors

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

necessary

order

implement

otherwise economically reasonable alternative to

disposal

in

 a land disposal

 unit,

 the time

 it may

73-449

—24--

take

 to obtain such permits and the

 time which may

be required

to

 install such units.

(Source:

 Emergency added

at

 10 Ill. Reg.

effective

for

 a maximum of 150 days.

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 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

likely

exist.

(Source:

Emergency

added

Ill.

Reg.

effective

for

 a maximum of 150 days.

SUBPART

B:

 HALOGENATED SOLVENTS

Section 729.200

 Purpose,

 Scope

 and Applicability

a)

 This Subpart prohibits the ~andf4~44n! 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.

73-450

—25—

c)

 Organic solvent phases, whether

 they include

halogenated compounds or not,

 pose

 a threat

 to the

impermeability of clay and synthetic 4and?4~-lliners.

d)

 Aqueous solutions of halogenated compounds placed

directly into

 the 4and?4~lland disposal

 unit, could

damage synthetic liners and move into groundwater.

e)

 Because of their differing

 impacts on 4andf4~sland

disposal

units,

the

Board

intends

encourage

the

separation

prior

disposal

phases

multiphase

wastes,

 and intends

 to encourage the separation of

wastestreams

during

generation

avoid

the

formation

of multiphase wastes.

(Source:

 Emergency amended

at

 10 Ill. Reg.

 effective

for

 a maximum of 150 days.

Section 729.203

 Waste Analysis Plan

The owner

 or operator of a land disposal

 unit

 endf441 disposing

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

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:

 Emergency amended at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 729.204 Land Treatment Demonstration (Repealed)

PI’t4s

 Su~Derts1’~el4net ~er the 4ssuenee of a R~RApernt4t

pursuant

to Seet4en 2l~f-~

 of the Act end

 asr H47

Adi~t-

eede

 ~O~3for

 -lend

treatment of 1~esardeuswaste 4?

 t4’te owner

 eperetos

demenstretes7 pursuant to 3~HlT Adm-

 eede

3~~T

end

4~3r~~

 that any l’xele~eneted

ee~peunds

4n

 t1’te waste

~e

eempletey degraded7 trens?er~edas 4m~e~444sed

 4n the treeti~ent

~ene-

(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.

73-451

—26—

Component:

 An element or compound present

in

 a “phase”

or “system.”

Emulsion:

 A “system”,

 including

 two or more liquid

“phases,”

which

not

 separated into layers.

For

purposes

this

Subpart,

emulsion

which

does

not

form

layers

within

one

hour

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:

“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

solution

which

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:

waste,

part

waste,

which

contains

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:

 Emergency amended

 at 10

 Ill. Reg.

effective

for

 a maximum of 150 days.

Section 729.240

 Non—aqueous Liquid Phases which are

Halogenated Solvents

73-452

—27—

No person

 shall

 cause or allow any hazardous waste containing

a

non—aqueous liquid phase

 which

 is a halogenated solvent

 to be

placed

 in any land disposal

 unit

 end?44.

(Source:

 Emergency amended

 at 10

 Ill.

 Req.

effective

for

 a maximum of

 150 days.

Section 729.241

 Aqueous Solutions of Halogenated Compounds

a)

 No person

 shall cause

 or allow to be placed

 in any land

disposal unit lendf4ll 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

total

organic

halogen,

measured

the

TOX

test,

in any

1

kg

 is assumed

 to contain more than 14,000 mg of

halogenated compounds per kilogram, unless the contrary

shown

 more definitive test whose validity is

demonstrated

to

 the Agency.

(Source:

 Emergency amended at 10

 Ill.

 Req.

effective

for

 a maximum of

 150 days.

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

lend?4ll

the

waste

forms

non—aqueous

liquid

phase

which is a halogenated

 solvent when

 a representative

sample

the

waste

mixed

with

water.

The

prohibition

 of paragraph

(a)

 shall become effective

on July 1,

 1986.

(Source:

 Emergency amended

at

 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

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:

means the En~4ronmenta~l

 Preteet4en Act

-~-l7

Re~v~

&tat7 ~&3~ e~ ~

pes

 3~GQIet seq~+

-“Agen’ey~means the

1114ne4s

Eiw4renmenta

Proteet4en

Agency

flBeard.U means the ~l~l4no4sPelut4on eontrel Beard

73-453

—28—

~Seneretor1’4s as def4ned 4n 35 Hh

 Adm~Bode

 GT~3~B

~Haserdeus Weste~4s a heserdeus waste as de?4ned at 35

H4~ Adm7 Bode

 ~-~‘&3

“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

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.

“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.

~Br4~4nel genereter~4e

a

person

who

 generates

haserdeus waste as a result of en e’et4v4ty or

preduet4en process ether than the treatment ef

haserdeus weste~

“Res4duel~45 any mates4e1 ether

than

gas

wh4eh

rema4ns a?tes7

 4e generated hy~the treatment e?

a

14qu4d

 l’tasard’eus weste~ A Ures4dual~~may 4tself be a

“l4~u4dhesardeus

UTseeteril 4s a person

who

 en~a~es

 4ri treatment ef

heserdeus weste~

 ~‘treetes-~

 may be a ~enereter~’7 but

may not be the J’er4igdnel geneseter-~

“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

73-454

—29—

exemption of

 35 Ill. Adm. Code 724.101(g) (8)

or

725.101(c) (11),

 whichever is applicable.

(Source:

 Emergency amended

 at 10 Ill. Reg.

effective

for

 a maximum of 150 days.

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)

~~hNBP~1,1~

 OF 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) 4andf43~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 dis~osalunit 1andf44~edif

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 landf4~ledif it

no longer meets the definition of “liquid

hazardous waste.”

3)

 Solidification:

 The residual may be deposited

in

a land disposal unit landf4led

 if it no longer

meets

the

definition

“liquid

hazardous

waste”

and possesses

a

 load—bearing capacity of at least

2.0 tons per square foot as determined by

application

the

test

procedure

described

Section 729.321.

c)

 No person shall cause, threaten or allow the disposal

in a land disposal

 unit of a type identified

in

73-455

—30—

subsection

(di

 lendfd4.l 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:

 Emergency amended

 at 10 Ill. Reg.

effective

for

 a maximum of 150 days.

Section 729.311

 Prohibition of Non—hazardous Liquids

in

Hazardous Waste Landf4lls Disposal Units

No person

 shall cause,

 threaten or allow the placement into any

land disposal unit a landf4l1 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:

 Emergency amended at 10 Ill.

 Reg.

effective

for

 a maximum of 150 days.

Section 729.313

 Biodegradable Absorbents

No person shall

 cause, threaten

allow

the

disposal

any

land

disposal

 unit lend?441 of any liquid hazardous waste containing

an absorbent material which, because of microbial action, will

degrade faster

 than

 the waste.

(Source:

 Emergency amended

 at 10 Ill.

 Req.

effective

for

 a maximum of 150

 days.

IT

IS

 SO ORDERED.

Board Members

R.

 Flemal

and

B.

 Forcade dissented.

Dorothy

Gunn,

Clerk

 the Illinois Pollution Control

Board,

hereby

certify

that

the

above

Op).pion

and

Order

was

adopted

the

______________

day

1986

 by a vote

of

_______________.

Dorothy

 M. ~tinn,Clerk

Illinois Pollution Control

 Board

73-456