ILLINOIS POLLUTION CONTROL BOARD

June

11,

1986

IN THE MATTER OF:

)

)

HAZARDOUS WASTE PROHIBITIONS

)

R 86-9

)

PROPOSED RULE.

By the Board.

PROPOSED OPINION AND ORDER

(by J.

D. Dumelle);

This docket was established by Order dated February 26,

1986,

in order to consider rules inpiementing Section

39(h)

of

the 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 Environmental Protection

Agency (Agency) by the generator and the disposal site owner and

operator.”

Such authorization is to be granted only “after the

generator has reasonably demonstrated that, considering

technological feasibility and economic reasonableness, the

hazardous

waste

cannot

be

recycled

for

reuse,

nor

incinerated,

or

chemically,

physically

or

biologically

treated

so

as

to

neutralize

the hazardous waste and render

it

nonhazardous.”

In

that

Order,

the Board also stated

its intention to conduct

inquiry hearings regarding such rules and whether the Board

should exercise its authority under Section 22(g)

of the Act to

prohibit the disposal of additional categories of hazardous

waste.

Finally,

the Board invited the submission of proposals

addressing these issues.

However,

no such proposals have been

submitted.

Given the short time period remaining before the Section

39(h)

prohibition commences and the lack of any proposals

submitted, the Board has concluded that it would be more

appropriate to proceed with merit hearings on a Board-generated

proposal.

The Board has, therefore, prepared a proposal and will

proceed with merit hearings

in the near future.

There are numerous questions which arise regarding the

implementation of Section 39(h),

some of which are expressly

covered by the proposal.

However, even where express rules

have

been proposed,

in making this proposal the Board

in no way

intends to indicate that it has determined that those issues

should be resolved in the manner proposed.

For example,

the

essence of this proceeding is Section 729.122 which defines

economic reasonableness in terms

of the ratio of the costs

of

land disposal versus other waste management alternatives.

However, the Board has not proposed

a specific ratio.

Rather

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that has been left open to be determined after hearings,

Furthermore, the Board recognizes that the establishment of such

a ratio may not be the best method of determining economic

reasonableness.

It might be possible, for example,

to establish

a simple dollar amount per unit of waste to be disposed such that

costs greater than that amount would be considered

unreasonable.

This would clearly simplify the economic

determination and probably should be considered.

Further,

in some areas which might appropriately be

regulated,

the Board has made no proposal.

That should not be

taken as indicating anything more than the simple fact that they

are not being proposed at this time.

For example, it may well be

appropriate for the Board

to exercise its Section 22(g)

authority

to prohibit land disposal of certain wastestreams or to allow

such disposal only when certain technical standards are met.

Such

a mechanism has been used in the liquid hazardous waste

rules and has been proposed, in general terms,

here for

electroplating wastes and electric arc furnace dust, but not for

others such as pickle liquor sludge which should perhaps be

treated similarly.

Such rules appear to be an appropriate

mechanism for establishing

a consistent relationship between

Sections 39(h)

and 22(g):

i.e.

the Board can make

a

determination pursuant to Section 22(g) with respect to a

particular wastestream which dictates the Agency’s economic

reasonableness decision under Section 39(h).

A section by section analysis follows.

Section 703.142

This section creates

a RCRA permit by rule for persons who

certify that they have to construct a treatment unit to get

a

wastestream authorization. Permits are required for treatment

units unless they are “elementary neutralization units” or

“totally enclosed treatment facilities”

as defined

in Sections

702.110 and 720.110. Interim status would not generally be

available for new units.

Unlike interim status,

the owner or

operator would have to file a Part B application for the new

unit. The Agency could terminate the permit by rule at any time

by denying the application, or by issuing a permit. The operator

takes the risk that the Agency will deny the permit or issue it

with conditions which could cause expensive modifications to the

unit.

Generators may have to build new treatment units either to

produce a residual which meets a technical standard,

or to show

that they are doing all that

is economically reasonable and

technologically feasible by way of treating waste before a

residual

is disposed of. The obvious purpose

of Section 39(h)

is

to encourage generators

to treat, reuse or recycle waste, not to

put them out of business. However, there are estimates that

it

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would take up to three years

for the Agency to issue

a RCRA

permit. This is not fast enough to allow construction by January

1, 1987,

for any onsite treatment.

Such a permit by rule constitutes

an amendment to the

State’s RCRA program, and as such must be approved by USEPA.

The

Board recognizes that creating such

a permit by rule may not

be

viewed as consistent with the federal RCRA program.

The Board

requests comment on its authority to adopt such

a rule and

welcomes alternate proposals to allow timely construction of new

treatment units which may be necessitated by the Section

39(h)

prohibition.

Section 709.102

All definitions have been set out in full without

incorporation from Part 729.

Most of

these definitions

come from

the liquid hazardous waste rules adopted in R83-28, with some

changes

to reflect the more general nature of this proposal.

The definition of “original generator”

has been modified to

provide that

a person who combines waste from several generators

becomes an

“original generator.”

This relates to the definition

of “wastestream” and to Section 709.110(b)(2).

The purpose is to

remove small generators from the wastestream authorization

process

if they use commercial off-site treatment.

They will be

authorized by way of the off-site facility’s authorization to

dispose of residuals.

The definition of “residual”

has been removed from the

liquid hazardous waste rules and made to apply to all types

of

hazardous waste.

“Treater” has been moved from the liquid hazardous waste

rules.

The final provision, that the treater cannot be an

original generator,

has been dropped

to be consistent with

changes to that definition discussed above.

A sentence has been added to “wastestream.” This relates to

the changes

to “original generator,” noted above, and to Section

709.110(b)(2).

The new language provides that for purposes of

determining whether a wastestream authorization is required,

individual wastestreams cease to exist when they are combined,

and that the person who mixed the wastes becomes

a new “original

generator.”

The purpose is to exclude from the wastestream

authorization process small generators who use commercial off-

site treatment which involves mixing the waste with waste from

other generators.

However,

this concept

in no way changes the

determination of whether the wastestreams, either before or after

such mixing, are hazardous wastes.

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The process for treating the waste will almost always have

a

residual.

The off-site treater, or storer,

will have to have

a

RCRA permit.

The Agency will control the bulking of these wastes

through the treater’s wastestream authorization and RCRA

permit.

If the Agency determines that the operator is bulking

wastes in

a manner which restricts management options, it should

deny the authorization, thereby forcing the actual generator to

make

a

separate application for authorization.

In this way the

Agency will be able to get back to small generators

if it needs

to, but will not be forced to review applications from each

generator using commercial off-site treatment.

Section 709.110

This Section defines

“land disposal unit,”

a new term which

will be the starting point for stating the scope of the

wastestream authorization requirement

and the various landfilling

restrictions

in Parts

709 and

729.

As proposed,

“land disposal

unit”

includes: landfills, together with surface impoundments,

piles and land treatment units unless the operator demonstrates

that they really are for storage or treatment.

“Land disposal

unit”

specifically excludes legitimate treatment or storage

units, permitted discharges to sewers or surface waters and

underground injection.

Section 709.110(b)(2) contains

a specific exclusion for off-

site treatment or storage units which bulk waste.

This is

consistent with the definitions

of “original generator”

and

“wastestrearn” discussed above.

Treaters and storers which meet

this paragraph will usually also fit into paragraph (b)(1).

However,

this exclusion is separately stated because generators

who ship to this type of

facility will be exempt from the

wastestream authorization requirement since

the wastestream will

cease

to exist prior

to the creation of

a residual.

The definition of

“land disposal unit” is important

to

establish

a common thread through the general hazardous waste ban

and the liquid hazardous waste and halogenated solvents bans

adopted

in R83-28 and R81—25.

The scope of these

rules is

complicated by the fact that they were adopted at different times

pursuant

to different authorities.

The halogenated solvent rules

were adopted pursuant to Section 22(g)

of the Act, which refers

to “sanitary landfills.”

The liquids

ban, in Section 22.6,

refers to “landfills,” which it defines to exclude surface

impoundments, land treatment units and injection wells.

The

general hazardous waste ban,

in Section 39(h), refers to deposit

in

a “permitted

hazardous waste site,” but requires an

authorization for the

“disposal site owner.”

Fortunately, there

are factors which bring the scope of these

rules closer together

than they at first seem.

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First,

the Section 39(h) authorization requirement applies

to all hazardous waste.

The halogenated solvent and liquid

hazardous waste rules apply to subsets of

“hazardous waste.”

Therefore,

the Agency can apply the halogenated solvent and

liquid hazardous waste rules by way of the general waste

authorization.

There is no need therefore for

a separate liquid

hazardous waste authorization, the scope of which would require

definition.

Second, the Board has already interpreted the scope of the

halogenated solvent rules

in

a manner which is consistent with

the definition of

“land disposal unit” discussed above.

Although

Section 22(g) refers to

“sanitary landfills,” the Board has

interpreted

this to include RCRA permitted facilities.

The Board

has also construed storage or treatment units to be landfills

if

wastes or residues are to remain after closure.

The Board has

identified deep well injection as an alternative disposal method

in adopting the halogenated solvent rules,

and provided that

halogenated solvents could be placed in

a land treatment unit

if

the operator made the treatment demonstration pursuant to Part

724.

The liquid hazardous waste

rules pose more of

a problem with

respect to the exclusion of land treatment and surface

impoundments.

The statute appears to exclude these units

regardless

of whether they really are disposal units

in which

hazardous constituents will remain after closure.

Under the

proposal the Board would act under Section 22(g)

to prohibit

liquid hazardous waste from impoundments and land treatment units

unless the operator demonstrates that he can remove wastes and

residues on closure of

an impoundment

or that treatment

is

actually occurring in

a land treatment unit.

The exclusion of

injection wells from the liquids ban is fully consistent with

definition of

“land disposal unit”

as discussed above.

Underground injection has been excluded from the definition

of

“land disposal unit” for the following reasons.

First,

the

statute

is silent as to underground injection in connection with

Section 39(h).

On the other hand,

the Act mandates that the

Board adopt a UIC program specifically directed at underground

injection of hazardous waste.

(Sections

12(g), 13(d) and

39(e)).

Also, the statute includes

a moratorium on new wells,

and requires

a study and review of the program.

(Sections 6.2 and

12.1).

If the Board were to construe the ambiguous provisions

of

Section

39(h) otherwise,

the result may be to give them

a meaning

which would render the specific provisions addressing underground

injection largely moot.

Second, Section 39(h) was intended to protect groundwater

supplies from contamination by leaking landfills and similar

units.

The UIC rules accomplish this purpose in that they

specifically prohibit the movement of injection fluids into

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underground sources

of drinking water.

Injection which would

endanger underground sources of drinking water is prohibited

regardless of the technical feasibility or economic

reasonableness of alternatives.

(Section 704.122).

Class

IV

wells,

which inject hazardous waste above or into underground

sources

of drinking water are also prohibited.

(Section

704.124).

The question of whether to allow underground injection

is

a matter of deciding whether the injection will be carried out

in a manner which will protect drinking water sources.

The UIC

permit requirement and technical standards of Part 730 allow

a

better framework for this decision than Section 39(h).

Like underground injection, discharges to surface waters or

sewers would be excluded from the wastestream authorizatiOn

process

if conducted in accordance with required permits.

Surface discharges must be authorized by an NPDES permit.

(Section 12(f)

and 39(b)

of

the Act and Part

309)

Discharges to

sewers are presently regulated by local

sewer systems.

However,

USEPA is

in the process

of promulgating nationwide pretreatment

standards which will

be implemented

in Illinois

in the near

future.

Many industrial wastes include water.

An important step in

treatment

is the removal of the water from the hazardous

constituents

so that the water can be discharged and the smaller

volume of hazardous constituents properly managed.

For generic

hazardous wastes listed in Sections

721.131 or 721.132, removal

of hazardous constituents, or characteristics, does not make the

water non-hazardous under the regulatory definition.

However,

the wastewater discharge

is excluded from the RCRA program, which

instead focuses on the residuals from treatment.

(Section

721.104).

It would be possible to construe discharges

to surface

waters

or sewers

as

a form of hazardous waste disposal subject to

the wastestream authorization process.

However,

the Act contains

specific provisions governing wastewater discharges and their

impact on water quality.

(Sections

12 and 13

of the Act).

The

Board has adopted detailed regulations specifying treatment

standards for industrial water pollutants, and water quality

standards designed to protect the aquatic environment from these

contaminants.

(Sections 304.124 and 302.208).

The effluent and

water quality standards also apply to public treatment works, and

the Board prohibits discharges

to sewers which cause violations

by public treatment works.

(Section 307.105)

The Board will

not,

for purposes of this proposal, construe the ambiguous

language of

Section 39(h)

as overriding the specific provisions

of the Act dealing with water pollution, which have been

implemented with extensive regulations.

The Board realizes that this proposal may unduly restrict

the scope of the Section 39(h)

prohibition.

It can be argued

70-

176

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that injection wells, discharges to sewage treatment plants and

NPDES discharges, for example, may be intended to be within the

scope of

Section 39(h).

The language of Section 22.8 regarding

the definition of hazardous waste disposal sites may, for

example,

indicate broader coverage.

The Board in no way intends

to restrict the scope beyond the statutory mandate and invites

comment specifically addressing this issue.

Further, the Board,

by proposing the rule in this form, does not mean to indicate any

predisposition regarding scope.

Section 709.200

This Section states the requirement to obtain

a wastestream

authorization.

Paragraph (a) paraphrases the language of

Section

39(h).

It applies to land disposal of untreated hazardous waste

and residuals which are still hazardous waste.

Paragraph

(b)

prohibits the deposit

of treatment residuals without

a

wastestream authorization, whether

the residual is still

a

hazardous waste or not.

As

it did in connection with the liquids

ban

in R83-28,

the Board construes

the authorization requirement

as extending to treatment residuals.

In establishing the

wastestream authorization requirement the legislature intended to

set up

a mechanism for prior review of claims that wastes have

been effectively treated comparable to the permit requirements

for discharges

to waters of the State or emissions to the

atmosphere.

Persons do not avoid these requirements by claiming

to have adequately treated water or gasses prior to discharge or

emissiOn;

nor should they be able to avoid the wastestream

authorization requirement by claiming to have treated wastes.

However,

as

it did

in R83-28, the Board proposes the adoption

technical standards for land disposal of residuals.

The Agency

would issue authorizations for residuals which met the technical

standards without requiring the generator to make the difficult

economic reasonableness and technological feasibility (ERTF)

showing.

Section 709.201

The liquid hazardous waste authorization requirement has

been modified to utilize the phrase “land disposal unit” defined

above.

The proposal

is not intended

to require that generators

should obtain a second document for liquid hazardous wastes.

Rather,

as noted above,

the liquids authorization is completely

subsumed into the general authorization.

Section 709.202

This Section excludes the Agency, USEPA and their

contractors from the wastestream authorization requirement when

they are conducting site clean-ups pursuant

to State or federal

law.

This has been proposed for several reasons.

Site clean-ups

involve fundamentally different considerations such that

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application of the wastestream authorization process could lead

to an increase in the amount of environmental damage, contrary to

the intent of the statute.

A current generator of waste has various options to manage

waste,

including process changes which would stop the production

of

a waste for which an authorization cannot be issued.

In

a

site clean-up process changes are not possible with respect to

waste which has already been improperly managed.

Further,

in

a

clean-up environmental damage is already occurring,

and clean-up

options include partial, temporary measures designed to minimize

this damage.

These would be totally unacceptable with respect to

current waste.

Adding

a level of approval to the clean-up

process by way of

a wastestream authorization, would increase the

environmental damage during the approval process.

Foreclosing

temporary land disposal options could prevent such options as

capping an area of contaminated soil pending an ultimate clean up

plan,

increasing the environmental damage pending the ultimate

plan.

Additionally, the CERCLA and State superfund processes

were specifically designed to deal with these questions.

They

include

a system by which sites and clean-up options are ranked

against each other to assure an efficient allocation of public

money.

Such comparative considerations would be absent from the

wastestream authorization process.

Section 709.301

This Section which was adopted in connection with the liquid

hazardous waste rules, specifies the contents

of the application

which would become the general wastestream application form.

Paragraph

(m),

which was specific to liquids, has been moved to

Section 709.311.

Section 709.310

Any person seeking a wastestream authorization would

complete the general application form and provide a narrative

description of how the specific regulations would be met.

Everyone would have to provide information under either Section

709.310(a)

or

(b).

They would either have to make the ERTF

showing or show that they meet one of the standards for treatment

residuals.

Section

709.311

Generators of liquid hazardous wastes would have to make

a

narrative showing that they either meet the ERTF standard or

Section 22.6 of the Act,

or that they meet one

of the standards

for liquid hazardous waste treatment residuals.

Note that this

would be cumulative with the showing under Section 709.310.

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Section

709.312

Generators would also have to review the other limitations

on land disposal, including USEPA rules,

the Illinois RCRA rules

in Parts

724 and 725 and the halogenated solvents rules

in Part

729.

If they are subject to any of these, they would have to

provide a showing of compliance by way of narrative description.

Section 709.400

This Section contains the general standard for issuance of

a

wastestream authorization:

the Agency issues

the authorization

if the generator either makes the ERTF showing,

or demonstrates

that he has

a treatment residual which meets one of the standards

for residuals.

The residuals showing for general hazardous waste

involves four steps:

that the waste falls

under

a standard;

that

it will be land disposed in accordance with any limitations

specified with the standard;

that it meets the standard;

and the

absence of other limitations.

Other limitations would include

the liquids

ban,

if the waste is

a liquid or

a residual from the

treatment of a liquid;

the halogenated solvents ban, if the

waste includes halogenated compounds;

the Board’s RCRA rules;

and future USEPA land disposal bans.

Section 709.401

The standard

for issuance for liquid hazardous waste has

been reworded to make it read more like Section 709.400.

Paragraph

(c) has been moved to Section 709.402.

Section 709.402

If the Agency decides that

a waste is not subject to the

wastestream authorization process, it can either:

deny the

wastestream authorization or, upon the request of the generator,

issue an authorization with the negative determination.

This

would make it easier for the generator to get land disposal

facilities to accept the waste.

The Agency might find that

a

waste was not subject to the process

if

it found that it was not

a “wastestream,” not

a “hazardous waste,”

or

a CERCLA waste.

Section 709.510

Conditions are allowed either under Sections 22.6 or 39(h)

of the Act, which are similarly worded.

The specific reference

to the standards for liquid hazardous waste has been replaced

with a general reference to Part 729, which would contain several

sets of standards under the proposal.

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Section

709.520

Paragraph

(c), which was adopted in R83-28,

required the

addition of absorbents as required by the RCRA rules to any

actual liquids authorized under the ERTF showing.

This has

become misleading now that the RCRA rules are moving away from

allowing land disposal

of absorbed wastes.

Paragraph (c) would

be replaced with Section 709.312(b),

which requires the generator

to

demonstrate

compliance

with

the

RCRA

rules

in

the

application,

and

Section

709.510, which allows conditions necessary to assure

compliance with Board rules.

Section

729.100

This Section was adopted and amended in R81-25 and R83-28.

The language mainly comes from the halogenated solvents proposal

with modifications to accommodate the liquids ban.

Paragraph

(b)

defined “sanitary landfill,” the term used

in Section 22(g)

of

the Act.

This definition was overridden by the definition of

“landfill” used in Subpart

C

in connection with the liquids

ban.

For the reasons noted

above in connection with Section

709.110,

the proposal replaces the term “sanitary landfill” with

“land disposal unit.”

The changes to this Section reflect that

change.

Section 729.103

The proposal adds

a list of definitions which apply to all

of Part 729.

These are mainly drawn from the liquid hazardous

waste definitions.

The modifications are the same as was

discussed in connection with the Part

709 definitions.

Section

729.110

This Section is the hazardous waste restriction.

Paragraph

(a) paraphrases

Section 39(h)

of the Act,

the ERTF showing.

Paragraph

(b)

allows the land disposal of residuals from the

treatment of hazardous waste which meet technical standards

adopted by the Board.

The ERTF showing must

be made for land

disposal of untreated hazardous waste, treated hazardous waste

which does not meet

a standard for residuals and treated

hazardous waste for which no standard has been promulgated.

Sections 729.120 et seq. include definitions which spell out the

ERTF showing

in greater detail.

There are two sources

of residuals standards which operate

to bypass Section 729.110(a):

generic standards follow in

Section 729.111 and Section 729.112, while standards for specific

types of waste are in Subpart D.

The standards for residuals

from the treatment of liquid hazardous waste bypass Section

729.310(a), but not Section 729.110(a).

Under Section

729.i10(b)(4) the generator must show compliance with the liquid

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hazardous waste rules

and the standards for halogenated solvents,

in order to get the general waste authorization.

Section

729.110(c) provides that the general hazardous waste ban applies

to all types of land disposal units.

Section 729.111

As noted in connection with Section 709.200, the proposal

interprets Section 39(h)

as

including residuals from the

treatment of hazardous waste.

If

a waste

is hazardous only

because

it exhibits one of the characteristics

of hazardous waste

listed in

35 Ill. Adm. Code 721.

Subpart

C,

it

is possible to

treat the waste so that

it is no longer hazardous.

This Section

allows the Agency to issue an authorization for land disposal of

such a residual on a showing that the residual is not

hazardous.

Section 729.112

35 Ill.

Adm.

Code 721.131 and 721.132 contain generic

hazardous waste listings.

All wastes produced by the industries

and processes are by definition hazardous, regardless of

characteristics of the wastes.

Under current interpretation of

the RCRA rules, residuals

from the treatment of generic hazardous

wastes remain hazardous regardless of

characteristics unless

the

residual is

“delisted”

by regulatory action.

Section 729.112

allows land disposal of such

a waste if the generator

demonstrates that the residual does not have any of the

characteristics

of hazardous waste and does not contain any

hazardous constituents which would otherwise render the waste

hazardous.

A residual which is authorized pursuant to Section 729.112

is still

a hazardous waste, but can be managed in a permitted

hazardous waste land disposal unit.

On the other hand,

if the

generator had the treatment residual delisted by regulatory

action, the residual could be authorized pursuant to Section

729.111, and could go to

a non-hazardous waste management site.

Paragraph (a)(2) cautions the generator that

a RCRA permit

is generally required for treatment of hazardous waste.

A

generator claiming to have

a residual which can be placed in

a

land disposal unit under this Section who does not have

a RCRA

permit should be prepared to document the reason for his

exemption.

This paragraph also references the definitions of

“elementary neutralization unit” and “totally enclosed treatment

facility,” two important exclusions available to generators.

Section 729.120

The following Sections define terms used

in Section 39(h) of

the Act.

To make the ERTF showing, the generator demonstrates

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that “considering technological feasibility and economic

reasonableness the 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.”

This and the following Sections set up a

comparison between two waste management schemes, referred to

as

the “baseline management option” and the

“waste management

alternative.”

In a simple case this could be a comparison

between landfilling the waste or treating it so that no residual

remains.

However, many wastes normally receive some form of

treatment before they are landfilled; and, most treatment schemes

will result in the land disposal of some residual.

Section 729.120 defines the “baseline management option.”

The generator must provide for the ultimate disposal of all

components

of the waste.

The Agency would be able to deny the

authorization for failure to make the ERTF showing if the

generator omitted costs from the baseline, or cut costs by

failing to comply with all regulations.

For obvious reasons,

the

generator does not need to

show compliance with the general waste

ban when applying for an ERTF exception to that ban.

However,

the generator does have to show compliance with the liquids

ban,

unless he is seeking to make the ERTF showing with respect to the

liquids ban also.

In either case,

the generator must show

compliance with the RCRA and halogenated solvents bans.

In that most generators will

be managing their waste

in the

cheapest way that is legal, the baseline case will usually be

what they are actually doing.

However,

the definition allows the

Agency to reject any illegal baselines,

and does not penalize

generators who are already treating waste beyond what

is

minimally required.

Paragraph

(b) specifically authorizes

generators

to use cheaper baselines than they are actually using

for their waste.

Note, however,

that what they are actually

using would have to be addressed as

a waste management

alternative.

Section

729.121

This Section defines

“waste management alternative.”

To

make the ERTF showing, the generator posits a “waste management

alternative,” which he then attempts to show is not

technologically feasible or economically reasonable.

The Agency

can deny the wastestream authorization if

it finds either that

the generator failed to show that the alternative was not

technologically feasible or economically reasonable,

or that

there is some better alternative which the generator has not

addressed.

A “better” alternative is one which, based on such

information as the Agency possesses,

and which is not

contradicted by the application, appears to be technologically

feasible and economically reasonable.

The generator would then

have the opportunity to refile the application if the generator

70.182

---

—13-

sought to demonstrate that the alternative suggested by the

Agency was not technologically feasible or economically

reasonable.

A “waste management alternative” must include a

consideration of each of the following elements:

process

substitution, waste minimization, recycling,

treatment and

disposal of the residual, and should specify the fate of the

residuals from any treatment.

Process substitution and waste minimization are not

mentioned in Section 39(h).

However,

the RCRA rules

as

proposed

in R86-1

will require generators to certify that they are

minimizing hazardous waste production.

Under the proposal the

Agency will be able to deny an authorization if it can suggest

a

way to substitute

a process or otherwise minimize waste

production in

a manner which appears

to be economically

reasonable and technologically feasible.

Section 729.122

A waste management alternative

is economically reasonable if

it costs less than some multiple of the cost

of the baseline

management option disposal of the waste.

Section 39(h)

was

clearly intended to establish

a bias against land disposal

in

favor of treatment or other alternatives.

Therefore,

a waste

management alternative is not economically unreasonable merely

because it costs

slightly more than the baseline option.

However,

the Board is not prepared at this time to suggest an

appropriate ratio.

That will be left to be determined after

hearing,

if this option is adopted.

This standard

is based strictly on a comparison of costs

of

the baseline case versus alternatives.

Profitability of

a given

company

is

not

a

factor.

A

major

purpose

of

environmental

standards

is

to

require

a

minimum

performance

from

all

companies,

thereby removing the incentive to compete by minimizing costs to

control pollution.

Allowing unprofitable companies to meet

reduced standards for land disposal would reduce their costs and

allow them to undersell companies which act to protect the

environment.

The generator must address waste management alternatives

involving both on-site and off-site treatment.

Costs per unit

volume to treat wastes by constructing units on—site are apt to

increase with decreasing volumes of waste.

Forcing all

generators to present costs for both options assures that

everyone is evaluated according to the more efficient mode in

their circumstances.

Paragraph

(c)

establishes

a pecking order

for bases

for costs estimates.

The generator must use the

highest basis listed,

or show that higher bases are not available

to him.

The highest bases are actual contracts to manage the

70-183

---

—14—

waste or to construct on-site units.

These may be conditioned on

the outcome of the authorization application.

The next highest

bases are offers to manage the waste and estimates taken from

plans

to construct on-site treatment.

A person using these would

have to explain why he has not contracted at these prices.

The

lowest bases are industry averages and estimates prepared by the

generator in the absence of contracts, offers or plans.

The generator must include transportation costs

to the

nearest land disposal unit and treatment unit.

It would be

unfair to allow transportation costs on one side of the ratio and

not the other.

Also, economic reasonableness has

a geographic

factor:

if off-site capacity is available near a generator

treatment is more reasonable.

This factors in by way of the

transportation costs.

If the Agency believes that

a waste management alternative

is economically unreasonable because of temporary factors, it

should condition the authorization so it will expire at such time

as the Agency expects the temporary factors to change.

Regional

availability of treatment capacity is

a temporary factor,

as are

high costs due to an imbalance in supply and demand for local

treatment capacity.

The Agency should reevaluate the economic

reasonability when additional capacity becomes available.

Other

temporary factors which influence economic reasonableness include

variable demand for a recycled product and other seasonal cost

factors, such

a a treatment alternative which only works during

the summer.

The Agency should again condition the authorization

so that

it can review the economic reasonableness as such factors

change.

Section 729.123

This section defines “technological feasibility” for

purposes of application of

the ERTF standards of Sections 22.6

and 39(h)

of the Act.

Something

is “technologically feasible” if

it has been demonstrated on at least

a pilot

scale.

The rules do

not force generators

to undertake such trials.

However, vendors

of processes and commercial off-site treaters have an economic

incentive to conduct tests and make the results known to the

Agency:

once they demonstrate

a process on

a waste on

a pilot

scale generators will be forced to use the process, assuming it

is economically reasonable.

Paragraph

(b) provides that waste management alternatives

which would result in as much or more risk to public health and

the environment as the baseline option are not technologically

feasible.

It would not further the purposes

of

Sections 22.6 and

39(h) to require the generator to provide such treatment.

The

generator has the burden of showing that something is not

“technologically feasible.”

If the result is not obvious,

the

70-184

---

—15—

generator would have to provide

a detailed risk analysis

comparing the waste management alternative with land disposal.

If the Agency determines that

a waste management alternative

is not technologically feasible because of temporary factors,

it

should provide for expiration of the authorization at such time

as

it expects the waste management alternative to become

feasible.

For example,

if it knows of

a plan to test

a process,

it should require a review of authorizations after the test.

Section

729.124

A generator can demonstrate that

a waste cannot be “recycled

for reuse” by listing it on the Illinois

Industrial Materials

Exchange Service or in

a widely circulated

trade journal.

If no

one makes

an offer for the waste,

it cannot be recycled.

If the

generator does not wish to list the waste,

he must otherwise

document that the waste cannot be recycled.

Generators are liable if

a recycler mishandles

their

waste.

Paragraph

(b) provides that generators cannot simply

refuse offers to recycle and then claim that the waste cannot be

recycled.

However,

the generator may not accept offers to

recycle if he has proof that the recycler will not manage the

waste

in accordance with regulations and standard industry

practices.

Section 729.200

This Section states

the scope of the halogenated solvents

ban.

As discussed above,

this will be phrased

in terms

of

“land

disposal unit.”

This should involve no change in the scope of

the halogenated solvent rules.

Section 729.204

The special rule on land treatment demonstrations for

halogenated solvents has been replaced with a general provision

contained in the definition of “land disposal unit.”

If the

operator demonstrates that hazardous constituents are “completely

degraded, transformed or immobilized in the treatment zone”

pursuant to Section 724.372,

the land treatment unit is not

a

land disposal unit” and waste going to it is not subject to the

wastestream authorization process.

Section 729.220

-

Section 729.242

These Sections have been modified to make them consistent

with the proposal.

70-185

---

—16—

Section 729.301

Most of these definitions have been moved to Sections

709.102 and Section 729.103 so that they will apply to the entire

Parts instead of just the liquid hazardous waste provisions.

As

is discussed in connection with Section 709.110,

the proposal

equates “landfill”

as

used in the liquid hazardous waste rules

with “land disposal unit.”

The Board would exercise Section

22(g)

authority to expand the scope of the liquids ban beyond

that specified

in Section 22.6 of the Act to include disposal in

impoundments which will

be closed

as

landfills or land treatment

units which have not been shown effective.

Section 729.310

The liquid hazardous waste restriction has been restated

in

terms

of

“land disposal unit”

defined in

Section 709.110.

The

restriction applies to all land disposal units,

although this

could be modified through paragraph

(d).

Section 729.311

and Section 729.312

The prohibitions on non-hazardous liquids

in hazardous waste

units and on use of biodegradable absorbents have also been

restated in terms

of “land disposal unit.”

Section 729.400

This new Subpart contains technical standards for land

disposal of residuals from certain industries

or treatment

processes.

The generator can show compliance with these instead

of making the ERTF showing.

The generator could also show

compliance with one of

the generic residuals standards which are

contained

in Subpart

A.

Persons who meet one of these standards

must also show compliance with the liquids ban and with the

halogenated solvents ban.

Section 729.410

This Section would contain the standard for residuals from

treatment of electroplating wastes, which is

taken to include

hazardous wastes F006 through F009 as defined

in Section

721.131.

They are listed because of cadmium, hexavalent chromium

and cyanide.

A technical standard for these wastes may be

appropriate because they are produced in large volume by a large

number of individual generators.

Since these are generic

hazardous wastes,

treatment residuals are hazardous regardless of

characteristics.

However, for authorization of land disposal

a

generator could demonstrate the absence of hazardous

characteristics under Section 729.112, instead of proceeding

under this

Section.

70.186

---

—17—

The Board is unaware,

and requests comments upon, whether

there

is

a simple technical standard which could be used to

discern whether

a residual produced from treatment of

electroplating wastes is the product

of the best technologically

feasible, economically reasonable waste management alternative

which is available.

Section 729.411

The Section would

set

a standard for land disposal of

residuals from the treatment of hazardous waste K061, electric

arc furnace dust.

It

is listed because of the presence of

hexavalent cadmium, chromium and lead.

This waste has been noted

for possible inclusion because it

is a high volume waste although

it is produced by a only small number of generators.

Because

these are generic hazardous wastes, treatment residuals are

hazardous

regardless of characteristics.

However, for

authorization of land disposal

a generator could demonstrate the

absence

of hazardous characteristics under Section 729.112,

instead

of proceeding under

this Section.

Again, comments upon whether there is

a simple technical

standard which could be used to discern whether

a residual

produced from treatment of electric arc furnace dust

is the

product of the best technologically feasible, economically

reasonable waste management alternative which is available.

Participants are welcome to offer suggestions

at the hearings.

The Board would also welcome additional suggestions

of

wastestreams which would be appropriate topics for technical

standards,

and suggestions

as to what these standards should

be.

Further,

the Board welcomes alternative proposals and any

testimony,

comments, or exhibits pertaining to the issues

in this

proceeding.

70-187

---

-18-

OR D ER

The Board hereby authorizes hearings on the following draft

proposal.

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

b:

PERMITS

PART

703

RCRA PERMIT PROGRAM

SUBPART

A:

GENERAL

PROVISIONS

Prohibitions

in

General

RCRA

Permits

Specific

Inclusions

in

Permit

Program

Specific Exclusions from Permit Program

Discharges

of Hazardous Waste

Reapplications

Initial

Applications

Federal

Permits

(Repealed)

SUBPART

C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703. 140

703.141

703.142

703. 150

703. 151

703. 152

703.153

703.154

703.155

703. 156

703. 157

703.158

Purpose and

Scope

Permits by Rule

Permits for Treatment to Meet Land Disposal Ban

Application by Existing HWM Facilities

and Interim

Status Qualifications

Application by New HWM Facilities

Amended Part A Application

Qualifying

for

Interim

Status

Prohibitions During Interim Status

Changes

During

Interim

Status

Interim

Status

Standards

Grounds

for

Termination

of

Interim

Status

Permits for Less Than an Entire Facility

Scope and Relation to Other

Parts

Purpose

References

SUBPART B:

PROHIBITIONS

Section

703. 100

703.101

703.110

Section

703.

120

703. 121

703.122

703.123

703. 124

703.125

703. 126

703.127

70-188

---

—19—

Applications

in General

Contents

of Part A

Contents of Part B

General Information

Facility Location Information

Ground-water Protection Information

Exposure Information

Specific Information

Containers

Tanks

Surface

Impoundments

Waste

Piles

Incinerators

Land Treatment

Landfills

SUBPART

E:

SHORT TERM AND PHASED PERMITS

Emergency Permits

Incinerator Conditions

Prior to Trial Burn

Incinerator

Conditions During Trial Burn

Incinerator

Conditions

After

Trial

Burn

Trial Burns for Existing Incinerators

Land Treatment Demonstration

Research, Development and Demonstration Permits

SUBPART

F:

PERMIT

CONDITIONS

Establishing

Permit

Conditions

Noncompliance

Pursuant to Emergency

Permit

Monitoring

Notice

of

Planned

Changes

Release

or

Discharge

Reports

Reporting Requirements

AUTHORITY:

Implementing

Section

22.4

and

authorized

by

Section

27

of

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

1985,

ch.

111 1/2, pars.

1022.4 and 1027).

SOURCE:

Adopted in R82-19,

53 PCB 131,

at

7 Ill. Reg. 14289,

effective October

12, 1983;

amended in R83-24 at

8

Iii. Reg. 206,

effective December 27, 1983; amended in R84-9 at

9

Ill. Reg.

11899, effective July 24,

1985;

amended in R85-23 at

10 Ill.

Reg.

,

effective

;

amended

in R86—1 at

10

Ill. Reg.

,

effective

;

amended

in R86-9 at

10 Ill.

Reg

,

effective

SUBPART

D:

APPLICATIONS

Section

703. 180

703. 181

703. 182

703. 183

703. 184

703. 185

703.

186

703. 200

703. 201

703.202

703.203

703. 204

703.205

703. 206

703. 207

Section

703.221

703.222

703. 223

703.224

703.225

703.230

703. 231

Section

703.241

703.242

703. 243

703.244

703.245

703.246

70-189

---

-20-

SUBPART C:

AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.142

Permits for Treatment to Meet Land Disposal Bans

a)

A person shall be deemed to have

a RCRA permit by rule

—

for any treatment unit which•must be constructed

in

order to obtain

a wastestream authorization pursuant to

3~5Ill.

Adni.

Code 709 and 729, provided:

1)

The owner or operator files

a Part A and Part B

application

for the unit pursuant to this Part;

and,

2)

The owner or operator certifies that construction

of the unit

is necessary to obtain

a wastestream

authorization pursuant to 35 Ill.

Adm. Code 709 and

729;

and,

3)

The generator of the waste and the owner or

operator apply for

a wastestream authorization for

all wastes treated in the unit.

b)

A permit by rule under

this Section shall last until

the

Agency either issues or denies

a RCRA permit for the

unit;

or,

(Source:

Added at

10 Ill. Reg.

,

effective

)

TITLE 35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

b:

PERMITS

PART 709

WASTESTREAM AUTHORIZATIONS

SUBPART A:

GENERAL PROVISIONS

Section

709.100

Purpose, Scope and Applicability

709.102

Definitions

709.103

Deemed-issued Wastestream Authorizations

709.104

Expiration of Supplemental Permits

709.105

Severability

709.110

Land Disposal Unit

SUBPART

B:

PROHIBITIONS

Section

709.200

Hazardous Waste Authorization

709.201

Liquid Hazardous Waste Authorization

70-190

---

-21-

709.202

Exemptions

SUBPART C:

APPLICATIONS

Section

709.301

709. 302

709. 310

709.311

709. 312

General Application ~

k±qu4dNa~afdet1sWaste

Signatures

General Hazardous Waste Application

Liquid Hazardous Waste Application

Other Prohibitions

SUBPART D:

REVIEW OF WASTESTREAMS

Section

709.400

‘T09

.

401

709. 402

Section

709. 501

709.510

709.520

General Standard for Issuance

Standard for Issuance for Liquid Hazardous Waste

Negative Finding

SUBPART

E: CONDITIONS OF

WASTESTREAM AUTHORIZATIONS

Duration

General Conditions

Authorized Methods of Disposal

SUBPART F:

MODIFICATION,

REVOCATION AND APPEAL

AUTHORITY:

Implementing Sections 22.6 and 39(h)

of the

Environmental Protection Act

(Ill. Rev.

Stat.

1985,

ch. 111 1/2,

pars. 1022.6

and 1039(h)) and authorized by Section 27 of the

Environmental Protection Act

(Ill. Rev.

Stat.

1985,

ch. 111 1/2,

par. 1027).

SOURCE:

Emergency rule adopted

in R83-28A at

8

Ill. Reg. 12678,

effective July

5,

1984, for a maximum of

150 days;

adopted

ifl

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.

Section

709

.

601

709.602

709

.

603

Modification

Revocation

Appeal

70-191

---

-22-

SUBPART

A:

GENERAL PROVISIONS

Section 709.100

Purpose,

Scope and Applicability

a)

This Part provides for the issuance by the Environmental

—

TProtection Agency of wastestream aut1~orizationsrequired

by Sections 22.6 and 39(h)

of the Environmental

Protection

Act

(Acti.

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

be managed.

(Source:

Added at

10 Iii. Reg.

,

effective

)

Section 709.102

Definitions

The following definitions

of ~

~11~ Ad~iTGede 329~Q~apply to

this PartT ~ aiei~ ~e ~ke ce~ew~ng~e~s:

“Act” means the Environmental Protection Act

(Ill.

Rev.

Stat.

1983,

ch. 111 1/2, par.

1001).

“Agency” means the Illinois Environmental Protection Agency.

“Board” means the Illinois Pollution Control Board.

“Generator”

is

as defined in

35 Ill. Adm. Code 720.110.

“Hazardous Waste”

is

a hazardous waste

as defined at

35 Ill.

Adm.

Cod~e

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

7Z9.

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 itselfbe

a

“hazardous waste.”

70-192

---

-23-

“Treater”

is

a

person who engages in treatment of hazardous

waste.

A “treater” may be

a “generator.”

“Treatment”

is

as defined in

35 Ill.

Adm. Code 720.110.

“Wastestream” means

a “solid waste”

as defined in 35 Ill. Adm.

Code 721, which is routinely or periodically produced by

a

certain generator as

a result

of

a certain activity, production

process or treatment process.

The Agency may issue multiple

wastestrearn 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 purposes

of determining whether a wastestream authorization is required,

when wastestreams

are combined the constituent wastestreams cease

to exist, and the person who combined the wastestreams becomes

the original generator of

a new wastestream.

The fact that

wastestreams are presumed to cease

to exist for purposes ol this

determination in

no way affects the determination whether

a

particular waste

is hazardous pursuant to

35 Iii.

Adm.

Code

‘~TZTL

.

103

(Source:

Amended at

10 Iii. Reg.

,

effective

)

Section 709.110

Land Disposal Unit

a)

As used in this Part,

a

“land disposal unit” includes

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 the preceding sentence, the following are

examples

of units which are land disposal units:

1)

A landfill

2)

A surface impoundment or waste~pile,unless the

owner

or operator demonstrates,

by way of

a closure

pTan

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 operater

demonstrates, pursuant to

35 Iii. Adm. 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:

70-193

---

-24-

1)

A storage or treatment -unit, ~-including-an

incinerator, for which •the -owner-or operator

demonstrates4 -through a-cl-osure plan pursuant

-to -35

Ill.

Adm. Code

724.212••or 725.212,

that aliwastes

and waste residues -will be removed from the unit

prior to or upon closure;

2)

A storage or -treatment -unit:

A)

Which is not located at -the facility at which

the waste is generated;

-and,

B)

Of which -the -generator-is -not-the owner-or

op-erator;---an-d,

C)

At -which- -the- --was•t-e--i-s----eombin-ed- --wit-h--west-es

f-r.om---ot-her----g-en-er-ators for treatment or

t~insportationto-a treatment unit;

and,

D)

For --which the owner-or-operator -has~obt-aineda

RCRA permit or interim status pursuant -to 35

Ill.

Adni.

Code

703-;

and,

E)

For which the owner or--operator has obtained

a

wastestream authorization~••fordisposal

of

residuals from treatment

-of

the-combined

waste.

3)

A ~disc•har-ge

f

wat-er-

from

-a •tr-eatinent-- unit

to a

publicly owned

-treatii~ent-works ~P0TW),•provided--the

discharge is

in compliance with applicable

pretreatment requirements imposed by the POTW.

4)

A---di.s-char-ge.--of -water

r—om~-a----t-r-ea-tment----u-ni-t to

waters of -the -State, •~rov•ided---suc•h-discharge

i-s

authorized by an NPDES -permit issued pursuant to

Section 39(b)

of the Act and

35 Iii. Adm. Code

309.

5)

An underground -injection ~wel1for which the Agency

has issued

a UIC permit pursuant to Section

39(e)

of the Act and 35 III. Adm. Code

704.

(Source:

Added at 10 Ill. Reg.

,

effective

)

SUBPART B:

PROHIBITIONS

Section 709.200

Hazardous Waste Authorization

a)

Hazardous wastes. NO HAZARDOUS WASTESTREAM MAY BE

—

DEPOSITED I~ANY PERMITTED LAND DISPOSAL UNIT -OF

•A TYPE

70-194

---

-25-

IDENTIFIED IN SUBSECTION

(c) UNLESS A WASTESTREAM

AUTHORIZATION HAS BEEN ISSUED FOR THE DEPOSIT OF THAT

WASTESTREAM (Section 39(h)

of

the Act).

b)

Residuals. No person shall engage

in the treatment of

a

hazardous wastestream and cause,

threaten or allow the

deposit of any residual from such treatment

in any land

disposal unit of

a type identified in Subsection

(c)

unless the Agency has issued

a wastestream authorization

for that wastestream.

C)

This Section applies to all land disposal units

as

defined in Section 709.110.

(Source:

Added

at

10 Ill.

Reg.

,

effective

)

Section 709.201

Liquid Hazardous Waste Authorization

a)

Liquids:

NO PERSON SHALL CAUSE,

THREATEN OR ALLOW THE

DISPOSAL IN ANY L~ANDFI~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 1and~3~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.

(Source:

Amended

at 10 Iii. Reg.

,

effective

)

Section 709.202

Exemptions

The wastestream authorization requirement does not apply to:

a)

The Agency or its contractors with respect to management

of wastes generated as

a result of remedial action

pursuant

to Section 22.1 of the Act;

and,

b)

The Agency, the United States Environmental Protection

Agency or their contractors with respect to wastes

generated as

a result of remedial action pursuant

to the

Comprehensive Environmental Response, Compensation and

Liability Act

(42 U.S.C. 9601

et seq.).

70-195

---

-26-

(Source:

Added at

10 Iii. Reg.

,

effective

)

SUBPART

C:

APPLICATIONS

Section 709.301

General Application ~er !~~u4d14a~afdeusWaste

The Agency shall promulgate standardized application forms for

~qu4d

hazardous waste authorizations.

Applications for liqu~d

hazardous waste authorizations must be made on such forms after

they become available.

Until such time,

applicants must provide

the following minimal information:

a)

The name, address and phone number of the original

generator;

b)

The original generator’s United States Environmental

Protection Agency (USEPA) identification number

(35 Ill.

Adm. Code 722.122)

and Agency identification number;

c)

The name of the waste;

d)

The source of the waste;

e)

USEPA hazardous waste code(s)

(35 Ill. Adm. Code 721);

f)

The name(s) and address(es)

of any treater(s) of the

waste;

g)

Each treater’s USEPA identification number and Agency

site number, if applicable;

h)

Whether any treater has

a RCRA permit

or interim status;

i)

A detailed chemical and physical analysis of

a

representative sample of the waste.

At

a minimum, this

analysis must contain all

of the information which must

be known to treat,

store or dispose of the waste in

accordance with the wastestream authorization sought.

j)

The quantity or rate at which the waste is generated.

k)

A plan for sampling the waste by the original generator

or treater (including frequency) to assure that the

wastestream continues to conform to the analysis in the

application;

1)

A description of any treatment processes;

m)

e~e~ ~aets

~e

~1~ow ~ha~

~he

was~es~eamntee~s ei~e

e~~he a aRda!d9 ~

~ssuaiieee~a was~es~eem

ahe~a~4e~4See~ofi

7Q9T4Q1~

70-196

---

—27-

Additional information specified in Sections 709.310 et

seq. for the type of authorization requested

n)

Identification of the disposal

s-ite or sites

to which

the applicant proposes to send the waste;

o)

Wastestream number of any supplemental wastestream

permit issued for the waste pursuant to 35 Ill. Adm.

Code 807.210, and the expiration date of any such

permit.

p)

Such additional information as the generator believes is

necessary to show that the wastestream may be disposed

in accordance with the Act and Board regulations.

(Source:

Amended at

10 Ill. Reg.

,

effective

)

Section 709.310

General Hazardous Waste Application

a)

If the applicant seeks an authorization to deposit

a

hazardous wastestream in

a permitted land disposal unit,

the applicant must provide, by way of narrative

description and supporting evidence, proof that the

waste meets the standard of

Section 709.400(a) and

35

Ill. Adm. Code

729.110(a).

b)

If the applicant seeks to deposit

a residual from the

treatment of

a hazardous wastestream in

a land disposal

unit the applicant may provide proof that the residual

meets one of

the standards of

Section 709.400(b), and

35

Ill. Adm. Code 729.110(b), instead of proof pursuant to

subsection

(a).

(Source:

Added at

10 Ill. Reg.

,

effective

)

Section 709.311

Liquid Hazardous Waste Application

a)

If an applicant seeks an authorization to deposit a

liquid hazardous waste in

a land disposal unit,

the

applicant must provide, by way of narrative description

and supporting evidence, proof that the waste meets the

standard of Section 709.401(a)

and 35

111.

Adm. Code

729.310(a).

b)

If an applicant seeks an authorization to deposit

a

residual from the treatment of

a liquid hazardous

waste

in

a land disposal unit,

the applicant may provide proof

that the residual meets one of the standards of Section

709.401(b) and

35 Ill. Adm. Code

729.310(b),

instead of

proof pursuant to subsection

(a).

(Source:

Added at

10 Ill. Reg.

,

effective

)

70-197

---

—28-

Section

709.312

Other

Prohibitions

The applicant must demonstrate that the waste is not subject to

any additional regulations restricting the management

of the

waste in the manner proposed by the applicant.

Specifically, the

applicant must demonstrate:

a)

Compliance with rules promulgated

by the United States

Environmental Protection Agency pursuant to the Resource

Conservation and Recovery Act

(42 U.S.C. 6901 et seq.).

b)

Compliance with

35 Ill.

Adm.

Code

724 and 725.

c)

Compliance with the halogenated solvents rules

of

35

Ill.

Adm.

Code

729.Subpart

B.

(Source:

Added

at

10 Ill.

Reg.

,

effective

)

SUBPART

D:

REVIEW OF WASTESTREAMS

Section 709.400

General Standard for Issuance

a)

THE AGENCY

SHALL ISSUE

A WASTESTREAM AUTHORIZATION FOR

—

THE DISPOSAL OF A HAZARDOUS WASTESTREAM IN A PERMITTED

LAND DISPOSAL UNIT ONLY AFTER THE GENERATOR HAS

REASONABLY DEMONSTRATED THAT THE WASTESTREAM MEETS THE

STANDARD OF

35 ILL.

ADM. CODE 729.110(a), AND THAT LAND

DISPOSAL IS NOT PROHIBITED OR LIMITED BY BOARD

REGULATIONS.

(Section 39(h) of the Act).

b)

Residuals.

The Agency shall issue

a wastestream

—

authorization for the disposal of

a residual from the

treatment of hazardous waste if the original generator

or treater demonstrates that the residual either meets

the standard of subsection

(a),

or:

1)

Is

a residual for which the Board has promulgated

a

technical standard under 35 Iii. Adm. Code

729;

and,

2)

Will

be managed as provided in that technical

standard;

and,

3)

Meets the technical standard;

and,

4)

Is not otherwise restricted.

(Source:

Added

at

10 Ill. Reg.

,

effective

)

70-198

---

—29-

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).

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

arid

eiily ~?

the original generator or treater demonstrates that the

residual either meets the standard of subsection

(a) or

meets one of the standards of

35 Iii.

Adm. Code

729.310(b), and that land disposal is not prohibited or

limited by Board regulations.

e-~

Nega~4veF~iid~ngfFe~wastes wh~eha~ene

~ei

a I~q~t~d

l~a~aideus

waste ~

a ~es4dua1

?feM

~ke

~eatme~

ef

a

l4qu4d ha~a~det~s

was~eT~he Ageaey i~ay4~saue a

was~es~eamau e~ a~ei~

U~0fi a

~nd49g

~ha~ ~he

was~es~eam

~S

9et~ su~ee~

~e

a~iyethele 1a~d?~ll4g

(Source:

Amended at

10 Ill.

Reg.

,

effective

)

Section 709.402

Negative Finding

If,

after reviewing an application for

a wastestream

authorization,

the Agency determines that the waste is not

subject to the requirement to obtain

a wastestream authorization,

the Agency shall, upon request by the applicant, issue

a

wastestream authorization including such determination.

Such an

authorization shall include such conditions as are necessary to

ensure that the person continues to be not subject to the

wastestream authorization requirement, and defining the methods

of managing the waste so as to avoid the requirement.

(Source:

Added at 10 Ill. Reg.

,

effective

)

SUBPART

E: CONDITIONS OF WASTESTREAM AUTHORIZATIONS

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

70.199

---

-30-

wastestream to verify that it continues to meet one of the

standards of

35 Ill. Adm.

Code 729T3~Q.

(Section 22.6(c) and

39(h) of the Act).

(Source:

Amended

at

10 Ill. Reg.

,

effective

Section 709.520

Authorized Methods of Disposal

a)

The Agency shall include conditions prohibiting methods

of treatment or disposal which would result in violation

of the Act or Board rules.

b)

The Agency shall include conditions authorizing disposal

in accordance with the Act and Board regulations.

Such

conditions

shall identify landfills authorized to

receive the waste.

Such identification shall be either

by name of specific landfills,

or by classification.

e3

The Age~eyshall ~eq~*i~’e~he add4~4o9e~abso~enf~

ma~e~als~e l~qu4dha~a~deuswast~eau~heii~edp~s~aii~

~e See~4e~~O9T4Q~a~

~n aeeo~daReewi~h~

lll-~Adm-~

Gede

24-r414

~

~2~7414T

(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

~

PROHIBITED HAZARDOUS WASTES IN LAND DISPOSAL UNITS

SUBPART A:

GENERAL HAZARDOUS WASTE RESTRICTION

Section

729.100

729.101

729.102

729.110

729.111

729.112

729.120

729.121

729.122

729.123

729.124

Purpose,

Scope and Applicability

Severability

Definitions

Hazardous Waste Restriction

Nonhazardous Residuals

Residuals from Generic Hazardous Waste

Baseline Management Option

Waste Management Alternatives

Economic Reasonableness

Technical Feasibility

Recyclability

)

70.200

---

-31-

SUBPART

B:

HALOGENATED

SOLVENTS

Section

729.200

7 29.201

729.202

729.2O~

729.204

729.205

729.220

729.221

729.222

729.223

729.224

729

.

240

729.241

729.242

729.262

729.263

Section

729. 301

729.302

729.303

729.310

729.311

729.312

729

.

313

729.320

729.321

Purpose, Scope and Applicability

No Circumvention

Incorporations by Reference

Waste Analysis Plan

Land Treatment Demonstration (Repealed)

Effect on Wastestream Authorizations and Supplemental

Permits

(Repealed)

Def

mit

ions

Halogenated Compound--Definition

Halogenated Solvent--Definition

Halogen Content Presumption

Partition Presumption

Non-aqueous Liquid Phases which are Halogenated Solvents

Aqueous Solutions of Halogenated Compounds

Solids

Containing

Halogenated

Compounds

Recycling

Residues

Small Quantity Generators

SUBPART

C:

LIQUID

HAZARDOUS

WASTES

Definitions

Waste

Analysis

Plan

Incorporations by Reference

Liquid

Hazardous

Waste

Restriction

Prohibition of Non-hazardous Liquids in Hazardous Waste

Landfills

Labpacks

Biodegradable Absorbents

Test for Liquids

Load-bearing Capacity Test

SUBPART

D:

RESIDUALS FROM TREATMENT OF WASTE PRODUCED FROM

CERTAIN

PROCESSES

AND

INDUSTRIES

Section

729.400

Purpose,

Scope and Applicability

729.410

Electroplating Wastes

729.411

Electric Arc Furnace Dust

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.

70-201

---

-32-

SOURCE:

Emergency rule adopted in R83-28A at

8 Ill. Reg. 12668,

effective July

5,

1984 for

a maximum of

150 days; adopted in R81-

25 at

8 Ill. Reg. 24124, effective December

4,

1984;

amended

in

R83-28B at

9 Iii.

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 lafid?~llsland disposal

units.

“Hazardous waste”

is as defined in

35 Ill. Adm.

Code 721.

“Land Disposal Unit”

is defined in 35 Ill.

Adm. Code 709.110.

35 Ill.

Adm. Code 709 requires

wastestream authorizations for certain wastestreams.

~

Uiiless e~he~w~se~ee~edT

~he ~equ~emei~s e~~h~s

Pa~ apply ~e all l8nd~llSTe~~sa~i~ai~yland~lls~as

~e~,ied 4n the E~v~te1~mefi~al

F~et~ee~e~i

Ae~~Aet)~4111T

ReVT S~a~T

1983T

ehT Ill

12’2T

~

I~OI e~ seqi4T

~.and?4lls 4i~ieludeseth neI~-haEaIdeusand ha~a~euswaste

laHd~illspe~m±~ed

under $ee~4eiis214d4 e~214f3 e?

the

Ae~T Ui~lessethe~w~sei~,id4ea~edT~land~lls~

~Relb*des

SUE?aee ~mpeuc~dme~s and wae~ep4les

~

wh~ehwaste

fes~th~esa~eexpee~ed~e r’ema4ii a?~e~elesu~eTand land

appl~ea~ei~-~

eb)

The provisions of

35 Ill. Adm. Code 721.105

—

notwithstanding, the Is

?4ll~9gprohibitions of this

Part apply to all persons, including small quantity

generators, unless otherwise indicated

in this Part.

~c)

The Is

f~ll~i~g

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

70-202

---

—33-

disposers of waste which results

in placement of

a

prohibited waste in

a landf411 land disposal unit.

(Source:

Amended at 10 Ill. Reg.

,

effective

)

Section

729.103

Definitions

The following definitions apply to this Part, except as modified

in individual

Subparts:

“Act” means the Environmental Protection Act

(Ill.

Rev.

Stat.

1983,

ch.

111 1/2, par.

1001)

“Agency” means

the Illinois Environmental Protection Agency

“Board” means the Illinois Pollution Control Board

“Generator”

is

as defined in

35 Iii. Adm.

Code 720.110

“Hazardous Waste”

is

a hazardous waste

as defined

at

35 111.

Adm.

Code 721.103

“Hazardous wastestream” means

a “wastestream” which includes

a

“hazardous waste”

“Land disposal unit” is

as defined

in

35 Ill.

Adni.

Code

709.

110.

“Liquid hazardous waste”

is as defined in Section 729.301.

“Original generator” is

a person who generates hazardous

waste as

a result of an activity or production process other

than the treatment of hazardous waste,

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”.

“Treatment”

is

as

defined

in

35

Ill.

Adm.

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 wastestream authorizations for

a single

wastestream, each identifying

a different disposer or

70-203

---

—34-

disposal method.

The Agency may allow the combination of

wastestreams into

a single wastestream

if

suc-h combination

does not limit the possibilities for treatment, recycling or

disposal of the wastes. For purposes of determining whether

a wastestream authorization is required, when wastestreams

are combined the constituent wastestreams cease to exist,

and the person who combined the wastestreams becomes

the

original generator of

a new wastestreem.

The fact that

wastestreams are presumed to cease to exist for purposes

of

this determination in no way affects the determination

whether

a particular waste is hazardous pursuant to 35 Ill.

Adin. Code 721.103.

(Source:

Added at

10 Ill. Reg.

,

effective

)

Section 729.110

Hazardous Waste Restriction

a)

Except

as provided in subsection

(b), NO PERSON SHALL

—

DEPOSIT

A

HAZARDOUS

WASTESTREAM IN A PERMITTED HAZARDOUS

WASTE LAND DISPOSAL UNIT OF

A TYPE IDENTIFIED IN

SUBSECTION

(c)

UNLESS

THE

GENERATOR

HAS

REASONABLY

DEMONSTRATED

THAT,

CONSIDERING

TECHNOLOGICAL

FEASIBILITY

AND ECONOMIC REASONABLENESS,

THE HAZARDOUS WASTE CANNOT

BE REASONABLY RECYCLED FOR REUSE, 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:

1)

The

Board

has adopted

a technical standard in this

Subpart or Subpart

D which is applicable to the

waste

2)

The person will manage the waste in

a manner

authorized by the technical standard

3)

The waste meets the technical standard;

and,

4)

The waste is not o-therwise 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

)

70-204

---

—35—

Section 729.111

Nonhazardous Residuals

A

person

may

deposit

a residual from the treatment of

a hazardous

waste

in

a

land

disposal

unit

if the person demonstrates that the

residual is not

a hazardous waste.

(Source:

Added

at

10 Ill. Reg.

,

effective

)

Section 729.112

Residuals from Generic Hazardous Waste

a)

This Section applies to residuals from the treatment

of

generic hazardous waste.

1)

A

“generic

hazardous

waste”

is

a

hazardous

waste

which

is

listed

in

35

Ill.

Adm.

Code

721.131

or

72T. 132.

2)

To conduct

“treatment”

of hazardous waste,

a person

must

have

a

RCRA

permit

or

interim

status

pursuant

to

35 Ill. Adm.

Code

703, except insofar as

treatment without

a permit is authorized by 35

Ill.

Adm.

Code

702-726.

For exam?le~no permit is

required for treatment in an

‘elementary

neutralization unit”

or

a

“totally enclosed

treatment facility,”

as defined in

35 Iii. Adm.

Code

702.110 and 720.110.

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 has none of the

characteristics of hazardous waste listed in

35 Iii.

Adm. Code

721. Subpart

C,

and none of the hazardous

constituents for which the waste was listed as indicated

in

35

Ill. Adm. Code 721. App. G,

and does not contain

any of the hazardous constituents listed in

35 Ill

Adrn.

Code 721.

App.

H

(Source:

Added at

10

Ill. Reg.

,

effective

)

Section 729.120

Baseline Management Option

a)

In making an “economically reasonable and

technologically feasibleTM

(ERTF)

showing pursuant to

section 22.6 or 39(h)

of the Act,

or Section 729.110 or

729.310,

the generator must propose

a baseline

management option for purposes of comparison with the

~aste management alternatives described in Section

729.121.

The baseline management option must provide

for

the ultimate disposal of all components of the waste

in accordance with all applicable regulations,

except

for this Subpart, or Subpart C in the case of an ERTF

showing

pursuant to Subpart

C.

70-205

---

-36-

b)

The generator may propose

a cheaper baseline management

—

option than it

is actually using, provided

the

option

meets_the_conditions of

subsection

(a).

(Source:

Added at

10 Ill. Reg.,

,

effective

)

Section 729.121

Waste Management Alternatives

a)

In making an ERTF showing pursuant to Section 22.6 or

—

39(h)

of

the

Act,

6r Section 729T110 or 729.310,

the

generator must propose one or more waste management

alternatives.

b)

Each waste management alternative must address each of

—

the following elements:

1)

Process substitution

2)

Waste minimization

3)

Recycling

-or reuse

4)

Treatment,

including incineration

5)

Land disposal of

a residual.

c)

In denying

a wastestreain authorization application based

—

on an ERTF showing,

the Agency must:

1)

Determine

that

the

generator

has

failed

to

make

the

ERTF showing with respect to the waste management

alternative or alternatives proposed by the

generator;

or,

2)

Specify

a better waste management alternative for

—

which the generator has not made the ERTF showing;

or,

3)

Determine that the baseline management option

proposed by the generator does not provide for the

ultimate disposal of all components

of the waste

in

accordance with all applicable regulations.

d)

As used

in subsection (b)(2)

a “better waste management

—

alternative”

is one which,

based on information

in the

application and

such other information as may be

available to the Agency,

appears to be economically

reasonable and technologically feasible.

(Source:

Added at

10 Ill.

Reg.

,

effective

)

70-206

---

—37-

Section 729.122

Economic Reasonableness

This

Section

defines

“economically

reasonable”

for

purposes

of

~pp1ication of Sections 22.6 and ~9(h) of the Act and Sections

729.110 and 729.310.

a)

A waste management alternative is economically

—

reasonable if its cost is less than_(a_ratio_to_be

determined following hearings) times the cost of the

baseline management option.

b)

Profitability of

a generator

is not

a factor

in

determining economic reasonableness.

Generators may

request variances pursuant to 35 Ill. Adm. Code 104

based on arbitrary or unreasonable hardship.

c)

Costs must

be based on the following,

to the extent

—

available,

in the order listed, with the first items

listed to be used unless the generator demonstrates that

they are not available:

1)

Contracts to accept the waste for management

2)

Contracts to construct waste management units

3)

Offers to accept waste for management

4)

Estimates based on plans to construct waste

management

units

5)

Industry averages

6)

Estimates prepared by the generator.

d)

Costs must include the cost to transport the waste to

—

the nearest available treatment or land disposal unit,

including

units

located

outside the State.

e)

Generators must address both the cost of conducting

—

treatment at the site of generation and off—site

treatment.

f)

If

a

waste

management

alternative

is not economically

reasonable because of

temporary factors, the Agency~

shall provide that the authorization will expire at such

time as the Agency expects

the temporary factor to

change. Temporary factors include, but are not limited

to,

the following:

70-207

---

-38-

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

(Source:

Added at

10 Ill. Reg.

,

effective

)

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

7?9.110

and

729.310.

a)

A waste management alternative is technologically

—

feasible

if the alternative has been demonstrated on

a

pilot

scale or 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 the

baseline

management

option.

c)

If the Agency -determines that

an alternative is not

—

technologically

feasible,

it shall provide that the

authorization will expire at

a time at which

a

technologically feasible alternative is likely to exist.

(Source:

Added at

10 Ill. Reg.

,

effective

)

Section 729.124

Recyclability

This Section defines

“cannot be recycled for reuses’ for purposes

of application of

Sections 22.6 and 39(h)

of the Act and Sections

729.110 and 729.310.

A waste cannot be recycled for reuse:

a)

If

it has been listed on

a waste exchange service or

—

advertised in

a trade journal

which

is widely circulated

among potential users of waste materials for

a period of

120 days,

and either:

1)

No one has made an offer to take the waste for

—

reuse or recycling;

or,

2)

An offer has been made for reuse or recycling, but

the generator submits proof that the waste will not

be managed in

accordance

with

applicable

regulations and standard industry practices.

70-208

---

-39-

b)

The operator otherwise demonstrates that the waste

cannot be recycled for reuse.

(Source:

Added at

10 Ill. Reg.

,

effective

)

SUBPART B:

HALOGENATED SOLVENTS

Section

729.200

Purpose,

Scope

and

Applicability

a)

This Subpart prohibits the la9d

lli~igdeposit

in

a land

disposal unit of wastes containing halogenated

compounds.

Rules are included to differentiate these

from other wastes.

b)

Halogenated compounds are a class of organic solvents.

As

a class halogenated compounds are not very soluble in

water;

therefore,

in

a complex system,

they will be

found in

a non-aqueous phase associated with any other

organic solvents present.

This Subpart assumes

that any

halogenated

compounds

present

will

be

more

concentrated

in any non-aqueous liquid phase.

The halogen

concentration in the non-aqueous liquid phase is used to

determine

whether

the

phase

should

be

regulated

as

an

halogenated solvent or

as an organic solvent.

c)

Organic solvent phases,

whether they include halogenated

compounds or not, pose

a threat to the impermeability of

clay and synthetic laii4~llliners.

d)

Aqueous

solutions of halogenated compounds placed

directly into the Iandf~llland disposal unit, could

damage synthetic liners and move into groundwater.

e)

Because of their differing impacts on land~llsland

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 Iii. Reg.

,

effective

)

Section 729.303

Waste Analysis Plan

The owner or operator of

a land disposal unit land~i~lldisposing

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

70-209

---

-40-

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)

This ~ubpai~ shall ne~~

the issuanee e?

a RGRA pe~mi~pu~9uant

~e See~ien2l4~e~the Ae~and 3~lIlT Ad~rGede

~Q3 ~

land

~iea~ment e~ha~a~deuswas~ei~the ewne~e~epeta~er’

de~enst~a~esT

pu~suan~~e

~

lIlT

Admi~

Gede

~O3~2Q6~ 703T239 end

~24T32T

that any halegena~e~eempeunds in the waste will ~e

eemple~elydeg~adedT

ansfe~me4e~iMmebiIi~edin the ~i~ea~men~

(Source:

Repealed at

10 Ill. Reg.

,

effective

)

Section

729.220

Definitions

In addition to the definitions of Section 729.102,

as As used

in

this Subpart,

terms have the following meanings:

Aqueous phase:

A “phase” in which water is the solvent,

constituting more than 500 g/kg.

Component:

An element or compound present

in

a

“phase”

or

“system”.

Emulsion:

A “system”, including two or more liquid “phases”,

which is not separated into layers.

For purposes of this

Subpart, an

emulsion

which does not form layers within one

hour is one phase.

Liquid:

A waste,

or part of

a waste,

which yields any fluid

when subjected to the paint filter test described in Section

729. 320.

Non-aqueous

phase:

A “phase”

which contains 500 g/kg or less

of water.

One-phase system:

A “system” with one and only one “phase”.

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.

70-210

---

—41—

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 D2361-66

(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 land?ill.

(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 landfill any hazardous waste containing an

aqueous liquid phase containing more than 14,000 mg of

halogenated compounds in any

1 kg.

b)

An aqueous liquid phase containing more than 10,000 mg

of total organic halogen,

as measured by the TOX test,

in any

1 kg is assumed to contain more than 14,000 mg of

halogenated compounds per kilogram, unless the contrary

is shown by

a more definitive test whose validity is

demonstrated

to the Agency.

(Source:

Amended at 10 Ill. Reg.

,

effective

)

Section 729.242

Solids Containing Halogenated Compounds

a)

No per-son shall cause or allow any hazardous waste which

is

a

solid

to

be placed in any land disposal unit

land?iII 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.

70.211

---

-42-

(Source:

Amended

at

10

Ill. Reg.

,

effective

)

SUBPART

C:

LIQUID HAZARDOUS WASTES

Section 729.301

Definitions

The following definitions apply to this Subpart,

in addition to

the definitions of Section 729.103:

~Ae~

means

the

Env4~enmen~alP~e~ee~ien

Aet 4lll~~

Revr

S~5~T

~8T

ehT

Ill

~/2-.

~8t~r

IQQI

e~ seq~4

~Ageney! means the Illinois Envi~enme~thalP~e~ee~ien

Ageney

~Bea~d~

means

the Illinois Pellu~ienGen~el Beard

~Gene~a~e~

is

as defined

~fi

~

lIlT

AdmT Gode 729T11Q

~Ha~a~deus Was~e~is

a ha~a~douswaste as defined a~~

AdmT Gede ~21TIO~

“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 “lend disposal unit”

as

I~~d

?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.

.!9~iginalgene~a~e~

is

a pe~senwho gene~a~eshaseideus

waste as

a ~esul~ e?

an ae~ivi~ye~pfe4ue~ienp~eeessothei~

than the ~ea~men~ e~hesefdeus was~eT

~Residual~ is any ma~e~ialethet~than a

gas whieh femains

Of

is genefa~edby1 the ~~ea~men~ e~a liquid

hasafdsus was~eT A “fesidual” may itself be a “liquid

ha~afdeuswa9~e”r

70-212

---

—43-

~Tfea~ef~ is

a pe~senwho engages in ~~ea~men~ o~ha~afdeus

was~eT

A ~~ea~er~

may be

a ~genefa~of~1 bu~-may no~be the

~efig4nal

genefa~er~T

“Treatment”

is treatment

as defined

at

35 Ill. Adm. Code

720.110.

35 Ill. Adm.

Code 703.123(h) and 724.101(g)

(10)

notwithstanding,

as used in this Subpart,

“treatment”

specifically includes the addition of absorbent materials to

a liquid hazardous waste or vice versa.

Provided, however,

that “treatment”

shall not include those activities carried

out to immediately contain or treat a spill of

a liquid

hazardous waste or

a material which, when spilled, becomes

a

liquid hazardous waste,

to the extent such treatment meets

the exemption of

35 Iii. Adm. Code 724.1Ol(g)(8) or

725.101(c)(11), 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) bANDFI~6OF 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) land?iII 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 Iend~illedif

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

70-213

---

—44—

deposited in

a land disposal unit landfilled if it

no

longer

meets

the

definition

of

“liquid

hazardous

waste”.

3)

Solidification:

The residual may be deposited ma

land disposal unit land?illed if it no longer meets

the definition of “liquid hazardous waste”

and

possesses

a load—bearing capacity of at least 2.0

tons per square foot as determined by application

of the test procedure described in Section 729.321.

c)

No person shall cause, threaten or allow the disposal

in

a land disposal unit of

a

type

identified

in

subsection

(d) Iend~iilof

a residual from the treatment of

a

II~uidhazardous 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 ~

Ill.

Adm.

Code 709.110.

(Source:

Amended at

10 Iii. Reg.

,

effective

)

Section 729.311

Prohibition of Non-hazardous Liquids

in

Hazardous Waste Landfills

No person shall

cause, threaten or allow the placement

into any

land disposal unit

a land~iIlpermitted

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 land~4llof 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

)

70-214

---

—45—

SUBPART

D:

RESIDUALS FROM TREATMENT OF WASTE FROM CERTAIN

PROCESSES

AND

INDUSTRIES

Section

729.400

Purpose, Scope and Applicability

a)

This Subpart contains technical standards allowing

deposit in land disposal units

Of

residuals

from

the

treatment

of

hazardous

wastes

produced

by

certain

processes or industries, which will

be specified with

each standard.

b)

As provided in Section 729.110(b),

a generator may show

compliance with these technical standards for residuals

instead of making the “economically reasonable and

technologically feasible” showing pursuant to Section

729. 110(a).

c)

Subpart A contains general standards for land disposal

of residuals which do not depend on the process or

industry

which

produced

the

waste.

d)

Residuals from the treatment of liquid hazardous waste

must also meet the standards of Subpart

C.

Residuals

which contain halogenated compounds must also meet the

standards of

Subpart

B.

(Source:

Added at

10 Ill. Reg.

, effective

)

Section 729.410

Electroplating Wastes

a)

This Section applies to residuals from the treatment of

hazardous

waste numbers F006,

FOOT,

F008 and F009,

as

defined

in

35 Ill. Adm. Code 721.131.

b)

Such residuals may be deposited in any type of land

disposal

unit

if:

1)

(standards

will

be added following hearings)

(Source:

Added at

10 Ill. Reg.

, effective

)

Section

729.411

Electric Arc Furnace Dust

a)

This Section applies to residuals from the treatment

of

hazardous waste number

1061,

as

defined

in

35

Ill.

Adm.

Code 721.132.

b)

Such residuals may be deposited in any type of land

disposal

unit

if:

1)

(standards will

be added following hearings)

70.215

---

—46—

(Source:

Added at

10

Ill. Reg.

, effective

)

(Standards

for

additional

types

of

residuals

may

be

added

following

hearings.)

IT IS SO ORDERED.

Board Member

B.

Forcade dissented.

Board Member

J.

Theodore

Meyer

concurred.

I, Dorothy

N. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that

the above Opinion and Order was

adopted on the

_______________

day of

Q’.—~~

-

,

1986 by

a vote

of

~/

—7

.

Dorothy M. ~nn,

Clerk

Illinois Pollution Control Board

70-216