R99151OR.PDF

ILLINOIS POLLUTION CONTROL BOARD

April 8, 1999

IN THE MATTER OF:

)

RCRA UPDATE, USEPA REGULATIONS

)

R99-15

(July 1, 1998, through December 31, 1998)

)

(Identical-in-Substance

)

Rulemaking - Land)

Proposed Rule. Proposal for Public Comment.

ORDER OF THE BOARD (by E.Z. Kezelis):

Under Section 22.4(a) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(a)

(1998)), the Board proposes amendments to the Illinois regulations that are “identical-in-

substance” to hazardous waste regulations that the United States Environmental Protection

Agency (USEPA) adopted to implement Subtitle C of the federal Resource Conservation and

Recovery Act of 1976 (RCRA Subtitle C), 42 U.S.C. §§ 6921

et seq

. (1998). The nominal

timeframe of this docket includes federal RCRA Subtitle C amendments that USEPA adopted

in the period July 1, 1998, through December 31, 1998. However, this docket also considers

a specified action taken after December 31, 1998, on which the Board will act without delay.

Section 22.4(a) provides for quick adoption of regulations that are “identical-in-

substance” to federal regulations that USEPA adopts to implement Sections 3001 through 3005

of RCRA, 42 U.S.C. §§ 6921-6925 (1998). Section 22.4(a) also provides that Title VII of the

Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40

(1996)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal

RCRA Subtitle C regulations are found at 40 C.F.R. 260 through 266, 268, 270, 271, 273,

and 279.

This proposed order is supported by a proposed opinion that the Board also adopts

today. The Board will cause the proposed amendments to be published in the

Illinois Register

and will hold the docket open to receive public comments for 45 days after the date of

publication.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify

that the above order was adopted on the 8th day of April 1999 by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

TITLE 35: ENVIRONMENTAL

PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER b: PERMITS

PART 702

RCRA AND UIC PERMIT PROGRAMS

SUBPART A: GENERAL PROVISIONS

Section

702.101

Purpose, Scope, and Applicability

702.102

Purpose and Scope (Repealed)

702.103

Confidentiality of Information Submitted to the Agency or Board

702.104

References

702.105

Rulemaking

702.106

Adoption of Agency Criteria

702.107

Permit Appeals and Review of Agency Determinations

702.108

Variances and Adjusted Standards

702.109

Enforcement Actions

702.110

Definitions

SUBPART B: PERMIT APPLICATIONS

Section

702.120

Permit Application

702.121

Who Applies

702.122

Completeness

702.123

Information Requirements

702.124

Recordkeeping

702.125

Continuation of Expiring Permits

702.126

Signatories to Permit Applications and Reports

SUBPART C: PERMIT CONDITIONS

Section

702.140

Conditions Applicable to all Permits

702.141

Duty to Comply

702.142

Duty to Reapply

702.143

Need to Halt or Reduce Activity Not a Defense

702.144

Duty to Mitigate

702.145

Proper Operation and Maintenance

702.146

Permit Actions

702.147

Property Rights

702.148

Duty to Provide Information

702.149

Inspection and Entry

702.150

Monitoring and Records

702.151

Signature Requirements

702.152

Reporting Requirements

702.160

Establishing Permit Conditions

702.161

Duration of Permits

702.162

Schedules of Compliance

702.163

Alternative Schedules of Compliance

702.164

Recording and Reporting

SUBPART D: ISSUED PERMITS

Section

702.181

Effect of a Permit

702.182

Transfer

702.183

Modification

702.184

Causes for Modification

702.185

Facility Siting

702.186

Revocation

702.187

Minor Modifications

AUTHORITY: Implementing Sections 13 and 22.4 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/13, 22.4 and 27].

SOURCE: Adopted in R81-32, 47 PCB 93, at 6 Ill. Reg. 12479, effective May 17, 1982;

amended in R82-19, at 53 PCB 131, 7 Ill. Reg. 14352, effective May 17, 1982; amended in

R84-9 at 9 Ill. Reg. 11926, effective July 24, 1985; amended in R85-23 at 10 Ill. Reg. 13274,

effective July 29, 1986; amended in R86-1 at 10 Ill. Reg. 14083, effective August 12, 1986;

amended in R86-28 at 11 Ill. Reg. 6131, effective March 24, 1987; amended in R87-5 at 11

Ill. Reg. 19376, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2579,

effective January 15, 1988; amended in R87-29 at 12 Ill. Reg. 6673, effective March 28,

1988; amended in R87-39 at 12 Ill. Reg. 13083, effective July 29, 1988; amended in R89-1 at

13 Ill. Reg. 18452, effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3089,

effective February 20, 1990; amended in R89-9 at 14 Ill. Reg. 6273, effective April 16, 1990;

amended in R92-10 at 17 Ill. Reg. 5769, effective March 26, 1993; amended in R93-16 at 18

Ill. Reg. 6918, effective April 26, 1994; amended in R94-5 at 18 Ill. Reg. 18284, effective

December 20, 1994; amended in R95-6 at 19 Ill. Reg. 9913, effective June 27, 1995;

amended in R95-20 at 20 Ill. Reg. 11210, effective August 1, 1996; amended in R96-10/R97-

3/R97-5 at 22 Ill. Reg. 532, effective December 16, 1997; amended at 23 Ill. Reg. ________,

effective ______________________.

SUBPART A: GENERAL PROVISIONS

Section 702.110

Definitions

The following definitions apply to 35 Ill. Adm. Code 702, 703, 704, and 705. Terms not

defined in this Section have the meaning given by the appropriate Act. When a defined term

appears in a definition, the defined term is sometimes placed within quotation marks as to an

aid to readers. When a definition applies primarily to one or more programs, those programs

appear in parentheses after the defined terms.

“Act” or “Environmental Protection Act” means the Environmental Protection

Act [415 ILCS 5].

“Administrator” means the Administrator of the United States Environmental

Protection Agency, or an authorized representative.

“Agency” means the Illinois Environmental Protection Agency.

“Application” means the Agency forms for applying for a permit. For RCRA,

application also includes the information required by the Agency under 35 Ill.

Adm. Code 703.182 through 703.212 (contents of Part B of the RCRA

application).

“Appropriate act and regulations” means the Resource Conservation and

Recovery Act (RCRA); Safe Drinking Water Act (SDWA); or the

“Environmental Protection Act”, whichever is applicable; and applicable

regulations promulgated under those statutes.

“Approved program or approved State” means a State or interstate program that

has been approved or authorized by USEPA under 40 CFR 271 (1996) (RCRA)

or Section 1422 of the SDWA (UIC).

“Aquifer” (RCRA and UIC) means a geological “formation”, group of

formations, or part of a formation that is capable of yielding a significant

amount of water to a well or spring.

“Area of review” (UIC) means the area surrounding an injection well described

according to the criteria set forth in 35 Ill. Adm. Code 730.106, or in the case

of an area permit, the project area plus a circumscribing area the width of that is

either 402 meters (1/4 of a mile) or a number calculated according to the

criteria set forth in 35 Ill. Adm. Code 730.106.

“Board” means the Illinois Pollution Control Board.

“Closure” (RCRA) means the act of securing a “Hazardous Waste Management

Facility” pursuant to the requirements of 35 Ill. Adm. Code 724.

“Component” (RCRA) means any constituent part of a unit or any group of

constituent parts of a unit that are assembled to perform a specific function

(e.g., a pump seal, pump, kiln liner, or kiln thermocouple).

“Contaminant” (UIC) means any physical, chemical, biological, or radiological

substance or matter in water.

“Corrective action management unit” or “CAMU” means an area within a

facility that is designated by the Agency under 35 Ill. Adm. Code 724.Subpart S

for the purpose of implementing corrective action requirements under 35 Ill.

Adm. Code 724.201 and RCRA section 3008(h). A CAMU shall only be used

for the management of remediation wastes pursuant to implementing such

corrective action requirements at the facility.

BOARD NOTE: USEPA must also designate a CAMU until it grants this

authority to the Agency. See the note following 35 Ill. Adm. Code 724.652.

“CWA” means the Clean Water Act (formerly referred to as the Federal Water

Pollution Control Act or Federal Water Pollution Control Act Amendments of

1972), P.L. 92-500, as amended by P.L. 95-217 and P.L. 95-576; 33 U.S.C.

1251 et seq. (1996).

“Date of approval by USEPA of the Illinois UIC program” means March 3,

1984.

“Director” means the Director of the Illinois Environmental Protection Agency

or the Director’s designee.

“Disposal” (RCRA) means the discharge, deposit, injection, dumping, spilling,

leaking, or placing of any “hazardous waste” into or on any land or water so

that such hazardous waste or any constituent of the waste may enter the

environment or be emitted into the air or discharged into any waters, including

groundwater.

“Disposal facility” (RCRA) means a facility or part of a facility at which

“hazardous waste” is intentionally placed into or on the land or water, and at

which hazardous waste will remain after closure. The term disposal facility

does not include a corrective action management unit into which remediation

wastes are placed.

“Draft permit” means a document prepared under 35 Ill. Adm. Code 705.141

indicating the Agency’s tentative decision to issue, deny, modify, terminate, or

reissue a “permit”. A notice of intent to deny a permit, as discussed in 35 Ill.

Adm. Code 705.141, is a type of “draft permit”. A denial of a request for

modification, as discussed in 35 Ill. Adm. Code 705.128, is not a “draft

permit”. A “proposed permit” is not a “draft permit”.

“Drilling mud” (UIC) means a heavy suspension used in drilling an “injection

well”, introduced down the drill pipe and through the drill bit.

“Elementary neutralization unit” means a device which:

Is used for neutralizing wastes that are hazardous wastes only because

they exhibit the corrosivity characteristics defined in 35 Ill. Adm. Code

721.122, or are listed in 35 Ill. Adm. Code 721.Subpart D only for this

reason; and

Meets the definition of tank, tank system, container, transport vehicle,

or vessel in 35 Ill. Adm. Code 720.110.

“Emergency permit” means a RCRA or UIC “permit” issued in accordance

with 35 Ill. Adm. Code 703.221 or 704.163, respectively.

“Environmental Protection Agency” (“EPA” or “USEPA”) means the United

States Environmental Protection Agency.

“Exempted aquifer” (UIC) means an “aquifer” or its portion that meets the

criteria in the definition of “underground source of drinking water” but which

has been exempted according to the procedures in 35 Ill. Adm. Code 702.105,

704.104, and 704.123(b).

“Existing hazardous waste management (HWM) facility” or “existing facility”

means a facility that was in operation or for which construction commenced on

or before November 19, 1980. A facility has commenced construction if:

The owner or operator has obtained the Federal, State, and local

approvals or permits necessary to begin physical construction; and

Either:

A continuous on-site, physical construction program has begun;

The owner or operator has entered into contractual obligations--

that cannot be canceled or modified without substantial loss--for

physical construction of the facility to be completed within a

reasonable time.

“Existing injection well” (UIC) means an “injection well” other than a “new

injection well”.

“Facility mailing list” means the mailing list for a facility maintained by the

Agency in accordance with 35 Ill. Adm. Code 705.163(a).

“Facility or activity” means any “HWM facility”, UIC “injection well”, or any

other facility or activity (including land or appurtenances thereto) that is subject

to regulations under the Illinois RCRA or UIC program.

“Facility mailing list” (RCRA) means the mailing list for a facility maintained

by the Agency in accordance with 35 Ill. Adm. Code 705.163.

“Federal, state, and local approvals or permits necessary to begin physical

construction” means permits and approvals required under Federal, State, or

local hazardous waste control statutes, regulations, or ordinances. (See 35 Ill.

Adm. Code 700.102.)

“Final authorization” (RCRA) means approval by USEPA of the Illinois

Hazardous Waste Management Program that has met the requirements of

Section 3006(b) of RCRA and the applicable requirements of 40 CFR 271,

Subpart A (1996). USEPA granted initial final authorization on January 31,

1986.

“Fluid” (UIC) means any material or substance that flows or moves whether in

a semisolid, liquid, sludge, gas, or any other form or state.

“Formation” (UIC) means a body of rock characterized by a degree of

lithologic homogeneity that is prevailingly, but not necessarily, tabular and is

mappable on the earth’s surface or traceable in the subsurface.

“Formation fluid” (UIC) means “fluid” present in a “formation” under natural

conditions, as opposed to introduced fluids, such as “drilling mud”.

“Functionally equivalent component” (RCRA) means a component that

performs the same function or measurement and which meets or exceeds the

performance specifications of another component.

“Generator” (RCRA) means any person, by site location, whose act or process

produces “hazardous waste” identified or listed in 35 Ill. Adm. Code 721.

“Groundwater” (RCRA and UIC) means a water below the land surface in a

zone of saturation.

“Hazardous waste” (RCRA and UIC) means a hazardous waste as defined in 35

Ill. Adm. Code 721.103.

“Hazardous waste management facility” (“HWM facility”) means all contiguous

land and structures, other appurtenances, and improvements on the land, used

for treating, storing, or disposing of “hazardous waste”. A facility may consist

of several “treatment”, “storage”, or “disposal” operational units (for example,

one or more landfills, surface impoundments, or combinations of them).

“HWM facility” (RCRA) means “Hazardous Waste Management facility”.

“Injection well” (RCRA and UIC) means a “well” into which “fluids” are

being injected.

“Injection zone” (UIC) means a geological “formation”, group of formations,

or part of a formation receiving fluids through a “well”.

“In operation” (RCRA) means a facility that is treating, storing, or disposing of

“hazardous waste”.

“Interim authorization” (RCRA) means approval by USEPA of the Illinois

Hazardous Waste Management program that has met the requirements of

Section 3006(g)(2) of RCRA and applicable requirements of 40 CFR 271

(1996). This happened on May 17, 1982.

“Interstate agency” means an agency of two or more states established by or

under an agreement or compact approved by the Congress, or any other agency

of two or more states having substantial powers or duties pertaining to the

control of pollution as determined and approved by the Administrator under the

“appropriate Act and regulations”.

“Major facility” means any RCRA or UIC “facility or activity” classified as

such by the Regional Administrator or the Agency.

“Manifest” (RCRA and UIC) means the shipping document originated and

signed by the “generator” that contains the information required by 35 Ill.

Adm. Code 722.Subpart B.

“National Pollutant Discharge Elimination System” means the program for

issuing, modifying, revoking and reissuing, terminating, monitoring, and

enforcing permits and imposing and enforcing pretreatment requirements under

Section 12(f) of the Environmental Protection Act and 35 Ill. Adm. Code

309.Subpart A and 310. The term includes an “approved program”.

“New HWM facility” (RCRA) means a “Hazardous Waste Management

facility” that began operation or for which construction commenced after

November 19, 1980.

“New injection well” (UIC) means a “well” that began injection after the UIC

program for the State of Illinois applicable to the well is approved.

“Off-site” (RCRA) means any site that is not “on-site”.

“On-site” (RCRA) means on the same or geographically contiguous property

that may be divided by public or private right(s)-of-way, provided the entrance

and exit between the properties is at a cross-roads intersection, and access is by

crossing as opposed to going along, the right(s)-of-way. Non-contiguous

properties owned by the same person but connected by a right-of-way that the

person controls and to which the public does not have access, is also considered

on-site property.

“Owner or operator” means the owner or operator of any “facility or activity”

subject to regulation under the RCRA or UIC programs.

“Permit” means an authorization, license, or equivalent control document issued

to implement the requirements of this Part and 35 Ill. Adm. Code 703, 704, and

705.

“Permit” includes RCRA “permit by rule” (35 Ill. Adm. Code 703.141), UIC

area permit (35 Ill. Adm. Code 704.162), and RCRA or UIC “Emergency

Permit” (35 Ill. Adm. Code 703.221 and 704.163). “Permit” does not include

RCRA interim status (35 Ill. Adm. Code 703.153 through 703.157), UIC

authorization by rule (35 Ill. Adm. Code 704.Subpart C), or any permit that has

not yet been the subject of final Agency action, such as a “Draft Permit” or a

“Proposed Permit”.

“Person” means any individual, partnership, co-partnership, firm, company,

corporation, association, joint stock company, trust, estate, political

subdivision, state agency, or any other legal entity, or their legal representative,

agency, or assigns.

“Physical construction” (RCRA) means excavation, movement of earth,

erection of forms or structures, or similar activity to prepare an “HWM

facility” to accept “hazardous waste”.

“Plugging” (UIC) means the act or process of stopping the flow of water, oil,

or gas into or out of a formation through a borehole or well penetrating that

formation.

“POTW” means “publicly owned treatment works”.

“Project” (UIC) means a group of wells in a single operation.

“Publicly owned treatment works” (“POTW”) is as defined in 35 Ill. Adm.

Code 310.

“Radioactive waste” (UIC) means any waste that contains radioactive material

in concentrations that exceed those listed in 10 CFR 20, Appendix B, Table II,

Column 2, incorporated by reference in 35 Ill. Adm. Code 720.111.

“RCRA” means the Solid Waste Disposal Act as amended by the Resource

Conservation and Recovery Act of 1976 (P.L. 94-580, as amended by P.L. 95-

609, P.L. 96-510, 42 U.S.C. 6901 et seq. (1996)). For the purposes of

regulation under 35 Ill. Adm. Code 700 through 705, 720 through 728, and

739, “RCRA” refers only to RCRA Subtitle C. This does not include the

RCRA Subtitle D (municipal solid waste landfill) regulations, found in 35 Ill.

Adm. Code 810 through 815, and the RCRA Subtitle I (underground storage

tank) regulations found in 35 Ill. Adm. Code 731 and 732.

“RCRA permit” means a permit required under Section 21(f) of the

Environmental Protection Act.

“Regional Administrator” means the Regional Administrator for the USEPA

Region in which the facility is located or the Regional Administrator’s designee.

“Remedial Action Plan” or “RAP” means a special form of RCRA permit that a facility owner or

operator may obtain pursuant to 35 Ill. Adm. Code 703.Subpart H, instead of a RCRA permit

issued under this Part and 35 Ill. Adm. Code 703, to authorize the treatment, storage, or disposal

of hazardous remediation waste (as defined in 35 Ill. Adm. Code 720.110) at a remediation

waste management site.

“Schedule of compliance” means a schedule of remedial measures included in a

“permit”, including an enforceable sequence of interim requirements (for

example, actions, operations, or milestone events) leading to compliance with

the “appropriate Act and regulations”.

“SDWA” means the Safe Drinking Water Act (P.L. 93-523, as amended, 42

U.S.C. 300f et seq. (1996)).

“Site” means the land or water area where any “facility or activity” is

physically located or conducted, including adjacent land used in connection with

the facility or activity.

“SIC code” means codes pursuant to the Standard Industrial Classification

Manual incorporated by reference in 35 Ill. Adm. Code 720.111.

“State” means the State of Illinois.

“State Director” means the Director of the Illinois Environmental Protection

Agency.

“State/EPA agreement” means an agreement between the Regional

Administrator and the State that coordinates USEPA and State activities,

responsibilities, and programs including those under the RCRA and SDWA.

“Storage” (RCRA) means the holding of “hazardous waste” for a temporary

period, at the end of which the hazardous waste is treated, disposed, or stored

elsewhere.

“Stratum (plural strata)” (UIC) means a single sedimentary bed or layer,

regardless of thickness, that consists of generally the same kind of rock

material.

“Total dissolved solids” (UIC) means the total dissolved (filterable) solids as

determined by use of the method specified in 40 CFR 136, incorporated by

reference in 35 Ill. Adm. Code 720.111.

“Transfer facility” means any transportation related facility including loading

docks, parking areas, storage areas, and other similar areas where shipments of

hazardous wastes are held during the normal course of transportation.

“Transferee” (UIC) means the owner or operator receiving ownership or

operational control of the well.

“Transferor” (UIC) means the owner or operator transferring ownership or

operational control of the well.

“Transporter” (RCRA) means a person engaged in the off-site transportation of

“hazardous waste” by air, rail, highway, or water.

“Treatment” (RCRA) means any method, technique, process, including

neutralization, designed to change the physical, chemical, or biological

character or composition of any “hazardous waste” so as to neutralize such

wastes, or so as to recover energy or material resources from the waste, or so as

to render such wastes non-hazardous, or less hazardous; safer to transport,

store, or dispose of; or amenable for recovery, amenable for storage, or reduced

in volume.

“UIC” means the Underground Injection Control program.

“Underground injection” (UIC) means a “well injection”.

“Underground source of drinking water” (“USDW”) (RCRA and UIC) means

an “aquifer” or its portion:

Which:

Supplies any public water system; or

Contains a sufficient quantity of groundwater to supply a public

water system; and

Currently supplies drinking water for human consumption; or

Contains less than 10,000 mg/1 total dissolved solids; and

That is not an “exempted aquifer”.

“USDW” (RCRA and UIC) means an “underground source of drinking water”.

“Wastewater treatment unit” means a device which:

Is part of a wastewater treatment facility that is subject to regulation

under 35 Ill. Adm. Code 309.Subpart A or 310; and

Receives and treats or stores an influent wastewater that is a hazardous

waste as defined in 35 Ill. Adm. Code 721.103, or generates and

accumulates a wastewater treatment sludge that is a hazardous waste as

defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater

treatment sludge that is a hazardous waste as defined in 35 Ill. Adm.

Code 721.103; and

Meets the definition of tank or tank system in 35 Ill. Adm. Code

720.110.

“Well” (UIC) means a bored, drilled, or driven shaft, or a dug hole, whose

depth is greater than the largest surface dimension.

“Well injection” (UIC) means the subsurface emplacement of “fluids” through

a bored, drilled, or driven “well”; or through a dug well, where the depth of

the dug well is greater than the largest surface dimension.

BOARD NOTE: Derived from 40 CFR 144.3 (19961998) and 270.2 (19961998), as amended

at 63 Fed. Reg. 65941 (Nov. 30, 1998).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART B: PERMIT APPLICATIONS

Section 702.126

Signatories to Permit Applications and Reports

Applications. All applications shall be signed as follows:

For a corporation: by a responsible corporate officer. For the purpose

of this section, a responsible corporate officer means;

A president, secretary, treasurer, or vice president of the

corporation in charge of a principal business function, or any

other person who that performs similar policy or decision making

functions for the corporation, or

the manager of one or more manufacturing, production, or

operating facilities employing more than 250 persons or having

gross annual sales or expenditures exceeding $25 million (in

second-quarter 1980 dollars), if authority to sign documents has

been assigned or delegated to the manager in accordance with

corporate procedures.

BOARD NOTE: The Board does not require specific

assignments or delegations of authority to responsible corporate

officers identified in subsection (a)(1)(A) above of this Section.

The Agency will presume that these responsible corporate

officers have the requisite authority to sign permit applications

unless the corporation has notified the Agency to the contrary.

Corporate procedures governing authority to sign permit

applications may provide for assignment or delegation to

applicable corporate positions under subsection (a)(1)(B) above of

this Section rather than to specific individuals.

For a partnership or sole proprietorship: by a general partner or the

proprietor, respectively; or

For a municipality, State, federal, or other public agency: by either a

principal executive officer or ranking elected official. For purposes of

this Section, a principal executive officer of a federal agency includes:

The chief executive officer of the agency, or

A senior executive officer having responsibility for the overall

operations of a principal geographic unit of the agency (e.g.,

Regional Administrators of USEPA).

Reports. All reports required by permits or other information requested by the

Agency shall be signed by a person described in subsection (a) above of this

Section, or by a duly authorized representative of that person. A person is a

duly authorized representative only if:

The authorization is made in writing by a person described in subsection

(a) above of this Section;

The authorization specifies either an individual or a position having

responsibility for the overall operation of the regulated facility or

activity, such as the position of plant manager, operator of a well or a

well field, superintendent, or position of equivalent responsibility. (A

duly authorized representative may thus be either a named individual or

any individual occupying a named position); and

The written authorization is submitted to the Agency.

Changes to authorization. If an authorization under subsection (b) above of this

Section is no longer accurate because a different individual or position has

responsibility for the overall operation of the facility, a new authorization

satisfying the requirements of subsection (b) must be submitted to the Agency

prior to or together with any reports, information, or applications to be signed

by an authorized representative.

Certification.

1) Any person signing a document under subsections (a) or (b) above of

this Section shall make the following certification:

I certify under penalty of law that this document and all

attachments were prepared under my direction or supervision in

accordance with a system designed to assure that qualified

personnel properly gather and evaluate the information submitted.

Based on my inquiry of the person or persons who that manage

the system, or those persons directly responsible for gathering the

information, the information submitted is, to the best of my

knowledge and belief, true, accurate, and complete. I am aware

that there are significant penalties for submitting false

information, including the possibility of fine and imprisonment

for knowing violations.

Alternative owner certification. For remedial action plans (

RAPs) under Subpart H of

this Part, if the operator certifies according to subsection (d)(1) of this Section, then the

owner may choose to make the following certification instead of the certification in

subsection (d)(1) of this Section:

Based on my knowledge of the conditions of the property described in the RAP

and my inquiry of the person or persons that manage the system referenced in

the operator’s certification, or those persons directly responsible for gathering

the information, the information submitted is, upon information and belief,

true, accurate, and complete. I am aware that there are significant penalties for

submitting false information, including the possibility of fine and imprisonment

for knowing violations.

BOARD NOTE: Derived from 40 CFR 144.32 (19931998) and 270.11 (19921998), as

amended at 63 Fed. Reg. 65941 (Nov. 30, 1998).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

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

Section

703.100

Scope and Relation to Other Parts

703.101

Purpose

703.110

References

SUBPART B: PROHIBITIONS

Section

703.120

Prohibitions in General

703.121

RCRA Permits

703.122

Specific Inclusions in Permit Program

703.123

Specific Exclusions from Permit Program

703.124

Discharges of Hazardous Waste

703.125

Reapplications

703.126

Initial Applications

703.127

Federal Permits (Repealed)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section

703.140

Purpose and Scope

703.141

Permits by Rule

703.150

Application by Existing HWM Facilities and Interim Status Qualifications

703.151

Application by New HWM Facilities

703.152

Amended Part A Application

703.153

Qualifying for Interim Status

703.154

Prohibitions During Interim Status

703.155

Changes During Interim Status

703.156

Interim Status Standards

703.157

Grounds for Termination of Interim Status

703.158

Permits for Less Than an Entire Facility

703.159

Closure by Removal

703.160

Procedures for Closure Determination

703.161 Alternative Requirements for Post-Closure Care

SUBPART D: APPLICATIONS

Section

703.180

Applications in General

703.181

Contents of Part A

703.182

Contents of Part B

703.183

General Information

703.184

Facility Location Information

703.185

Groundwater Protection Information

703.186

Exposure Information

703.187

Solid Waste Management Units

703.188

Other Information

703.191

Public Participation: Pre-Application Public Notice and Meeting

703.192

Public Participation: Public Notice of Application

703.193

Public Participation: Information Repository

703.200

Specific Part B Application Information

703.201

Containers

703.202

Tank Systems

703.203

Surface Impoundments

703.204

Waste Piles

703.205

Incinerators that Burn Hazardous Waste

703.206

Land Treatment

703.207

Landfills

703.208

Boilers and Industrial Furnaces Burning Hazardous Waste

703.209

Miscellaneous Units

703.210

Process Vents

703.211

Equipment

703.212

Drip Pads

703.213

Air Emission Controls for Tanks, Surface Impoundments, and Containers

703.214

Post-Closure Care Permits

SUBPART E: SHORT TERM AND PHASED PERMITS

Section

703.221

Emergency Permits

703.222

Incinerator Conditions Prior to Trial Burn

703.223

Incinerator Conditions During Trial Burn

703.224

Incinerator Conditions After Trial Burn

703.225

Trial Burns for Existing Incinerators

703.230

Land Treatment Demonstration

703.231

Research, Development and Demonstration Permits

703.232

Permits for Boilers and Industrial Furnaces Burning Hazardous Waste

703.234

Remedial Action Plans

SUBPART F: PERMIT CONDITIONS OR DENIAL

Section

703.240

Permit Denial

703.241

Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

703.243

Monitoring

703.244

Notice of Planned Changes (Repealed)

703.245

Twenty-four Hour Reporting

703.246

Reporting Requirements

703.247

Anticipated Noncompliance

703.248

Information Repository

SUBPART G: CHANGES TO PERMITS

Section

703.260

Transfer

703.270

Modification

703.271

Causes for Modification

703.272

Causes for Modification or Reissuance

703.273

Facility Siting

703.280

Permit Modification at the Request of the Permittee

703.281

Class 1 Modifications

703.282

Class 2 Modifications

703.283

Class 3 Modifications

SUBPART H: REMEDIAL ACTION PLANS

Section

703.300

Why This Subpart Is Written in a Special Format

703.301

General Information

703.302

Applying for a RAP

703.303

Getting a R

AP Approved

703.304

How a RAP May Be Modified, Revoked and Reissued, or Terminated

703.305

Operating Under A RAP

703.306

Obtaining a RAP for an Off-Site Location

703.Appendix A

Classification of Permit Modifications

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14289, effective October 12, 1983; amended in R83-

24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9 Ill. Reg. 11899, effective July 24,

1985; amended in R85-22 at 10 Ill. Reg. 1110, effective January 2, 1986; amended in R85-23 at 10 Ill. Reg.

13284, effective July 28, 1986; amended in R86-1 at 10 Ill. Reg. 14093, effective August 12, 1986; amended in

R86-19 at 10 Ill. Reg. 20702, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective

March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in R87-5 at 11 Ill.

Reg. 19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2584, effective January 15, 1988;

amended in R87-39 at 12 Ill. Reg. 13069, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 447,

effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18477, effective November 13, 1989; amended in

R89-9 at 14 Ill. Reg. 6278, effective April 16, 1990; amended in R90-2 at 14 Ill. Reg. 14492, effective August

22, 1990; amended in R90-11 at 15 Ill. Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg.

14554, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9767, effective June 9, 1992; amended in

R92-10 at 17 Ill. Reg. 5774, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20794, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6898, effective April 26, 1994; amended in R94-7 at 18

Ill. Reg. 12392, effective July 29, 1994; amended in R94-5 at 18 Ill. Reg. 18316, effective December 20, 1994;

amended in R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11225,

effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 553, effective December 16, 1997;

amended in R98-12 at 22 Ill. Reg. 7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill.

Reg. 17930, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective

January 19, 1999; a

mended at 23 Ill. Reg. ________, effective ______________________

SUBPART B: PROHIBITIONS

Section 703.121

RCRA Permits

No person shall conduct any hazardous waste storage, hazardous waste

treatment, or hazardous waste disposal operation:

Without a RCRA permit for the HWM (hazardous waste management)

facility; or

In violation of any condition imposed by a RCRA permit;

Owners and operators of HWM units shall have permits during the active life

(including the closure period) of the unit. Owners and operators of surface

impoundments, landfills, land treatment units and waste pile units that received

wastes after July 26, 1982, or that certified closure (according to 35 Ill. Adm.

Code 725.215) after January 26, 1983, shall have post-closure care permits,

unless they demonstrate closure by removal

or decontamination

as provided under

Sections 703.159 and 703.160

, or obtain alternative requirements, as provided under

Section 703.161

. If a post-closure care permit is required, the permit must

address applicable 35 Ill. Adm. Code 724 groundwater monitoring, unsaturated

zone monitoring, corrective action, and post-closure care requirements.

The denial of a permit for the active life of a hazardous waste management

facility or unit does not affect the requirement to obtain a post-closure care

permit under this Section.

BOARD NOTE: Derived from 40 CFR 270.1(c) (19881998), as amended at 54 63 Fed. Reg.

9607, March 7, 1989 56735 (Oct. 22, 1998).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703.157

Grounds for Termination of Interim Status

Interim status terminates when:

Final administrative disposition is made of a permit application

, except an

application for a remedial action plan (RAP) under Subpart H of this Part,

is made; or

The owner or operator fails to furnish a requested Part B application on time, or

to furnish the full information required by the Part B application, in which case

the Agency shall notify the owner and operator of the termination of interim

status following the procedures for a notice of intent to deny a permit pursuant

to 35 Ill. Adm. Code 705.

For owners or operators of each land disposal facility which has been granted

interim status prior to November 8, 1984, on November 8, 1985, unless:

The owner or operator submits a Part B application for a permit for such

facility prior to that date; and

The owner or operator certifies that such facility is in compliance with

all applicable groundwater monitoring and financial responsibility

requirements.

For owners or operators of each land disposal facility which is in existence on

the effective date of statutory or regulatory amendments under the Resource

Conservation and Recovery Act that render the facility subject to the

requirement to have a RCRA permit and which is granted interim status, twelve

months after the date on which the facility first becomes subject to such permit

requirement unless the owner or operator of such facility:

Submits a Part B application for a RCRA permit for such facility before

the date 12 months after the date on which the facility first becomes

subject to such permit requirement; and

Certifies that such facility is in compliance with all applicable

groundwater monitoring and financial responsibility requirements.

For owners or operators of any land disposal unit that is granted authority to

operate under Section 703.155(a)(1), (2), or (3), on the day 12 months after the

effective date of such requirement, unless the owner or operator certifies that

such unit is in compliance with all applicable groundwater monitoring and

financial responsibility requirements. (35 Ill. Adm. Code 725.190 et seq. and

725.240 et seq.)

For owners and operators of each incinerator facility which achieved interim

status prior to November 8, 1984, interim status terminates on November 8,

1989, unless the owner or operator of the facility submits a Part B application

for a RCRA permit for an incinerator facility by November 8, 1986.

For owners and operators of any facility (other than a land disposal or an

incinerator facility) which achieved interim status prior to November 8, 1984,

interim status terminates on November 8, 1992, unless the owner or operator of

the facility submits a Part B application for a RCRA permit for the facility by

November 8, 1988.

(Board Note: BOARD NOTE: Derived from 40 CFR 270.10(e)(5) (19901998)

and 270.73 (19901998), as amended at 56 63 Fed. Reg. 7206, February 21,

199165941 (Nov. 30, 1998).)

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 703.161 Alternative Requirements for Post-Closure Care

An owner or operator may obtain alternative requirements for post-closure care that comply with the requirements

of 35 Ill. Adm. Code 725.221. “Alternative requirements” means an order of the Board that grants relief from the

generally-applicable requirements of 35 Ill. Adm. Code 725.Subpart E or an Agency-approved plan pursuant to 35

Ill. Adm. Code 740 or 742.

BOARD NOTE: Derived from 40 CFR 270.1(c)(7), as added at 63 Fed. Reg. 56735 (Oct.

22, 1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

SUBPART D: APPLICATIONS

Section 703.182

Contents of Part B

Part B information requirements presented in Sections 703.183 et seq. reflect the standards

promulgated in 35 Ill. Adm. Code 724. These information requirements are necessary in

order for the Agency to determine compliance with the 35 Ill. Adm. Code 724 standards. If

owners and operators of HWM facilities can demonstrate that the information prescribed in

Part B cannot be provided to the extent required, the Agency may make allowance for

submission of such information on a case by case basis. Information required in Part B shall

be submitted to the Agency and signed in accordance with requirements in 35 Ill. Adm. Code

702.126. Certain technical data, such as design drawings and specifications and engineering

studies, shall be certified by a registered professional engineer.

For post-closure care permits, only

the information specified in Section 703.214 is required in Part B of the permit application.

Part B of the

RCRA application includes the following:

General information (Section 703.183);

Facility location information (Section 703.184);

Groundwater protection information (Section 703.185);

Exposure information (Section 703.186);

Specific information (Section 703.200 et seq.).

(Board Note: See 40 CFR 270.14(a).)

BOARD NOTE: Derived from 40 CFR 270.14(a) (1998), as amended at 63 Fed. Reg. 56734

(Oct. 22, 1998).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 703.183

General Information

The following information is required in the Part B application for all HWM facilities, except

as 35 Ill. Adm. Code 724.101 provides otherwise:

A general description of the facility;

Chemical and physical analyses of the hazardous wastes and hazardous debris to

be handled at the facility. At a minimum, these analyses must contain all the

information which must be known to treat, store, or dispose of the wastes

properly in accordance with 35 Ill. Adm. Code 724;

A copy of the waste analysis plan required by 35 Ill. Adm. Code 724.113(b)

and, if applicable, 35 Ill. Adm. Code 724.113(c);

A description of the security procedures and equipment required by 35 Ill.

Adm. Code 724.114, or a justification demonstrating the reasons for requesting

a waiver of this requirement;

A copy of the general inspection schedule required by 35 Ill. Adm. Code

724.115(b). Include where applicable, as part of the inspection schedule,

specific requirements in 35 Ill. Adm. Code 724.274, 724.293(i), 724.295,

724.326, 724.354, 724.373, 724.403, 724.702, 724.933, 724.952, 724.953,

724.958, 724.984, 724.985, 724.986, and 724.988;

A justification of any request for a waiver of the preparedness and prevention

requirements of 35 Ill. Adm. Code 724.Subpart C;

A copy of the contingency plan required by 35 Ill. Adm. Code 724.Subpart D;

BOARD NOTE: Include, where applicable, as part of the contingency plan,

specific requirements in 35 Ill. Adm. Code 724.200 and 724.327 and 724.355.

Corresponding 40 CFR 270.14(b)(7) refers to the requirements of 40 CFR

264.255 (which would correspond with 35 Ill. Adm. Code 724.355), marked

“reserved” by USEPA has not yet been adopted.

A description of procedures, structures, or equipment used at the facility to:

Prevent hazards in unloading operations (for example, ramps, or special

forklifts);

Prevent runoff from hazardous waste handling areas to other areas of the

facility or environment, or to prevent flooding (for example, berms,

dikes, or trenches);

Prevent contamination of water supplies;

Mitigate effects of equipment failure and power outages;

Prevent undue exposure of personnel to hazardous waste (for example,

protective clothing); and

Prevent releases to the atmosphere.

A description of precautions to prevent accidental ignition or reaction of

ignitable, reactive, or incompatible wastes, as required to demonstrate

compliance with 35 Ill. Adm. Code 724.117, including documentation

demonstrating compliance with 35 Ill. Adm. Code 724.117(c);

Traffic pattern, estimated volume (number and types of vehicles), and control

(for example, show turns across traffic lanes and stacking lanes, if appropriate);

describe access road surfacing and load bearing capacity; and show traffic

control signals;

Facility location information, as required by Section 703.184;

An outline of both the introductory and continuing training programs by the

owner or operator to prepare persons to operate or maintain the HWM facility

in a safe manner, as required to demonstrate compliance with 35 Ill. Adm.

Code 724.116. A brief description of how training will be designed to meet

actual job tasks in accordance with requirements in 35 Ill. Adm. Code

724.116(a)(3);

A copy of the closure plan and, where applicable, the post-closure plan required

by 35 Ill. Adm. Code 724.212, 724.218, and 724.297. Include where

applicable, as part of the plans, specific requirements in 35 Ill. Adm. Code

724.278, 724.297, 724.328, 724.358, 724.380, 724.410, 724.451, 724.701,

and 724.703;

For hazardous waste disposal units that have been closed, documentation that

notices required under 35 Ill. Adm. Code 724.219 have been filed;

The most recent closure cost estimate for the facility, prepared in accordance

with 35 Ill. Adm. Code 724.242, and a copy of the documentation required to

demonstrate financial assurance under 35 Ill. Adm. Code 724.243. For a new

facility, a copy of the required documentation may be submitted 60 days prior

to the initial receipt of hazardous wastes, if it is later than the submission of the

Part B permit application;

Where applicable, the most recent post-closure cost estimate for the facility,

prepared in accordance with 35 Ill. Adm. Code 724.244, plus a copy of the

documentation required to demonstrate financial assurance under 35 Ill. Adm.

Code 724.245. For a new facility, a copy of the required documentation may

be submitted 60 days prior to the initial receipt of hazardous wastes, if it is later

than the submission of the Part B permit application;

Where applicable, a copy of the insurance policy or other documentation which

comprises compliance with the requirements of 35 Ill. Adm. Code 724.247.

For a new facility, documentation showing the amount of insurance meeting the

specification of 35 Ill. Adm. Code 724.247(a) and, if applicable, 35 Ill. Adm.

Code 724.247(b) that the owner or operator plans to have in effect before initial

receipt of hazardous waste for treatment, storage, or disposal. A request for an

alternative level of required coverage for a new or existing facility may be

submitted as specified in 35 Ill. Adm. Code 724.247(c);

r) This subsection corresponds with 40 CFR 270.14(b)(18), pertaining to state

financial mechanisms that do not apply in Illinois. This statement maintains

structural parity with the federal regulations.

rs)

A topographic map showing a distance of 1000 feet around the facility at a scale

of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet).

Contours must be shown on the map. The contour interval must be sufficient to

clearly show the pattern of surface water flow in the vicinity of and from each

operational unit of the facility. For example, contours with an interval of 1.5

meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of

0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and

operators of HWM facilities located in mountainous areas shall use larger

contour intervals to adequately show topographic profiles of facilities. The map

must clearly show the following:

Map scale and date;

100-year floodplain area;

Surface waters including intermittent streams;

Surrounding land uses (e.g., residential, commercial, agricultural,

recreational, etc.);

A wind rose (i.e., prevailing windspeed and direction);

Orientation of the map (north arrow);

Legal boundaries of the HWM facility site;

Access control (e.g., fences, gates, etc.);

Injection and withdrawal wells both on-site and off-site;

10)

Buildings; treatment, storage, or disposal operations; or other structures

(e.g., recreation areas, runoff control systems, access and internal roads,

storm, sanitary and process sewage systems, loading and unloading

areas, fire control facilities, etc.);

11)

Barriers for drainage or flood control;

12)

Location of operational units within the HWM facility site, where

hazardous waste is (or will be) treated, stored, or disposed (include

equipment cleanup areas);

BOARD NOTE: For large HWM facilities, the Agency shall allow the

use of other scales on a case by case basis.

st)

Applicants shall submit such information as the Agency determines is necessary

for it to determine whether to issue a permit and what conditions to impose in

any permit issued; and

tu)

For land disposal facilities, if a case-by-case extension has been approved under

35 Ill. Adm. Code 728.105 or if a petition has been approved under 35 Ill.

Adm. Code 728.106, a copy of the notice of approval of the extension or of

approval of the petition is required;

uv)

A summary of the pre-application meeting, along with a list of attendees and

their addresses, and copies of any written comments or materials submitted at

the meeting, as required under 35 Ill. Adm. Code 703.191(c).

BOARD NOTE: Derived from 40 CFR 270.14(b) (19961998), as amended at 61 Fed. Reg.

59996 (Nov. 25, 1996).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 703.214

Post-Closure Care Permits

For post-closure care permits, the owner or operator is required to submit only the information specified in

Sections 703.183(a), (d), (e), (f), (k), (m), (n), (p), (r), and (s); 703.184; 703.185; and 703.187, unless the Agency

determines that additional information from Sections 703.183, 703.202, 703.203, 703.204, 703.206, or 703.207

is necessary. The owner or operator is required to submit the same information when it seeks alternative

requirements, as provided in Section 703.161.

BOARD NOTE: Derived from 40 CFR 270.28, as added at 63 Fed. Reg. 56735 (Oct. 22,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

SUBPART E: SHORT TERM AND PHASED PERMITS

Section 703.234

Remedial Action Plans

Remedial Action Plans (RAPs) are special forms of permits that are regulated under Subpart H of this Part.

BOARD NOTE: Derived from 40 CFR 270.68, as added at 63 Fed. Reg. 65941 (Nov. 30,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

SUBPART H: REMEDIAL ACTION PLANS

Section 703.300

Why This Subpart Is Written in a Special Format

USEPA wrote the federal counterpart to this Subpart, 40 CFR 270, Subpart H, in a special format to make it

easier to understand the regulatory requirements. The Board has adapted this Subpart H of this Part to use

essentially the same format. Like all other regulations, this Subpart establishes enforceable legal requirements.

BOARD NOTE: Derived from 40 CFR 270.79, added at 63 Fed. Reg. 65941 (Nov. 30, 1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.301

General Information

What is a RAP?

A RAP is a special form of RCRA permit that an owner or operator may obtain, instead

of a permit issued under 35 Ill. Adm. Code 702 and this Part, to authorize the owner or

operator to treat, store, or dispose of hazardous remediation waste (as defined in 35 Ill.

Adm. Code 720.110) at a remediation waste management site. A RAP may only be

issued for the area of contamination where the remediation wastes to be managed under

the RAP originated, or areas in close proximity to the contaminated area, except as

allowed in limited circumstances under Section 703.306.

The requirements in 35 Ill. Adm. Code 702 and this Part do not apply to

RAPs unless

those requirements for traditional RCRA permits are specifically required under this

Subpart H of this Part. The definitions in 35 Ill. Adm. Code 702.110 apply to RAPs.

Notwithstanding any other provision of 35 Ill. Adm. Code 70

2 or this Part, any

document that meets the requirements in this Section constitutes a RCRA permit, as

defined in 35 Ill. Adm. Code 702.110.

A RAP may be either of the following:

A stand-alone document that includes only the information and conditions

required by this Subpart H of this Part; or

A part (or parts) of another document that includes information or conditions

for other activities at the remediation waste management site, in addition to the

information and conditions required by this Subpart H of this Part.

If an owner or operator is treating, storing, or disposing of hazardous

remediation

wastes as part of a cleanup compelled by authorities issued by USEPA or the State of

Illinois, a RAP does not affect the obligations under those authorities in any way.

If an owner or operator receives a RAP at a facility operating under interim status, the

RAP does not terminate the facility’s interim status.

BOARD NOTE: Derived from 40 CFR 270.80, added at 63 Fed. Reg. 65942 (Nov. 30, 1998).

When does an owner or operator need a RAP?

Whenever an owner or operator treats, stores, or disposes of hazardous

remediation

wastes in a manner that requires a RCRA permit under Section 703.121, an owner or

operator shall either obtain:

A RCRA permit according to 35 Ill. Adm. Code 702 and this Part; or

A RAP according to this Subpart H of this Part.

Treatment units that use combustion of hazardous

remediation wastes at a remediation

waste management site are not eligible for RAPs under this Subpart H of this Part.

An owner or operator may obtain a RAP for managing hazardous

remediation waste at

an already permitted RCRA facility. An owner or operator shall have the RAP

approved as a modification to the owner’s or operator’s existing permit according to the

requirements of Sections 703.270 through 703.273 or Sections 703.280 through

703.283 instead of the requirements in this Subpart H of this Part. When an owner or

operator submits an application for such a modification, however, the information

requirements in Sections 703.281(a)(1), 703.282(a)(4), and 703.283(a)(4) do not apply;

instead, an owner or operator shall submit the information required under Section

703.302(d). When the owner’s or operator’s RCRA permit is modified, the RAP

becomes part of the RCRA permit. Therefore, when the owner’s or operator’s RCRA

permit (including the RAP portion) is modified, revoked and reissued, terminated, or

when it expires, the permit will be modified according to the applicable requirements in

Sections 703.270 through 703.273 or 703.280 through 703.283, revoked and reissued

according to the applicable requirements in 35 Ill. Adm. Code 702.186 and Sections

703.270 through 703.273, terminated according to the applicable requirements in 35 Ill.

Adm. Code 702.186, and expire according to the applicable requirements in 35 Ill.

Adm. Code 702.125 and 702.161.

BOARD NOTE: Derived from 40 CFR 270.85, added at 63 Fed. Reg. 65942 (Nov. 30, 1998).

Does a RAP grant an owner or operator any rights

or relieve it of any obligations? The

provisions of 35 Ill. Adm. Code 702.181 apply to RAPs.

BOARD NOTE: Derived from 40 CFR 270.90, added at 63 Fed. Reg. 65942 (Nov. 30, 1998).

The corresponding federal provision includes an explanation that 40 CFR 270.4 provides that

compliance with a permit constitutes compliance with RCRA. This is contrary to Illinois law,

under which compliance with a permit does not constitute an absolute defense to a charge of

violation of a substantive standard other than a failure to operate in accordance with the terms of

a permit. See 35 Ill. Adm. Code 702.181(a) and accompanying Board Note.

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.302

Applying for a RAP

Applying for a RAP. To apply for a RAP, an owner or operator shall complete an application,

sign it, and submit it to the Agency according to the requirements in this Subpart H of this Part.

BOARD NOTE: Derived from 40 CFR 270.95, added at 63 Fed. Reg. 65942 (Nov. 30, 1998).

Who must obtain a RAP? When a facility or

remediation waste management site is owned by

one person, but the treatment, storage, or disposal activities are operated by another person, it is

the operator’s duty to obtain a RAP, except that the owner shall also sign the RAP application.

BOARD NOTE: Derived from 40 CFR 270.100, added at 63 Fed. Reg. 65942 (Nov. 30,

1998).

Who must sign the application and any required reports for a RAP? Both the owner and the

operator shall sign the RAP application and any required reports according to 35 Ill. Adm. Code

702.126(a), (b), and (c). In the application, both the owner and the operator shall also make the

certification required under Sec. 35 Ill. Adm. Code 702.126(d)(1). However, the owner may

choose the alternative certification under Ill. Adm. Code 702.126(d)(2) if the operator certifies

under Ill. Adm. Code 702.126(d)(1).

BOARD NOTE: Derived from 40 CFR 270.105, added at 63 Fed. Reg. 65942 (Nov. 30,

1998).

What must an owner or operator incl

ude in its application for a RAP? An owner or operator

shall include the following information in its application for a RAP:

The name, address, and USEPA identification number of the

remediation waste

management site;

The name, address, and telephone number of the owner and operator;

The latitude and longitude of the site;

The United States Geological Survey (USGS) or county map showing the location of the

remediation waste management site;

A scaled drawing of the

remediation waste management site showing the following:

The

remediation waste management site boundaries;

Any significant physical structures; and

The boundary of all areas on-site where

remediation waste is to be treated,

stored, or disposed;

A specification of the hazardous

remediation waste to be treated, stored, or disposed of

at the facility or remediation waste management site. This must include information on

the following:

Constituent concentrations and other properties of the hazardous

remediation

wastes that may affect how such materials should be treated or otherwise

managed;

An estimate of the quantity of these wastes; and

A description of the processes an owner or operator will use to treat, store, or

dispose of this waste including technologies, handling systems, design and

operating parameters an owner or operator will use to treat hazardous

remediation wastes before disposing of them according to the LDR standards

of 35 Ill. Adm. Code 728, as applicable;

Enough information to demon

strate that operations that follow the provisions in the

owner’s or operator’s RAP application will ensure compliance with applicable

requirements of 35 Ill. Adm. Code 724, 726, and 728;

Such information as may be necessary to enable the Agency to carry out its duties under

other federal laws as is required for traditional RCRA permits under Section 703.183(t);

Any other information the Agency decides is necessary for demonstrating compliance

with this Subpart H of this Part or for determining any additional RAP conditions that

are necessary to adequately protect human health and the environment.

BOARD NOTE: Derived from 40 CFR 270.110, added at 63 Fed. Reg. 65942 (Nov. 30,

1998).

What if an owner or operator wants to keep this information confidential? 35 Ill. Adm. Code

120 allows an owner or operator to claim as confidential any or all of the information an owner

or operator submits to the Agency under this Subpart H of this Part. An owner or operator shall

assert any such claim at the time that an owner or operator submits its RAP application or other

submissions by stamping the words “trade secret” in red ink as provided in 35 Ill. Adm. Code

120.305. If an owner or operator asserts a claim in compliance with 35 Ill. Adm. Code

120.201at the time it submits the information, the Agency shall treat the information according

to the procedures in 35 Ill. Adm. Code 120. If an owner or operator does not assert a claim at

the time it submits the information, the Agency shall make the information available to the public

without further notice to the owner or operator. The Agency must deny any requests for

confidentiality of an owner’s or operator’s name or address.

BOARD NOTE: Derived from 40 CFR 270.115, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

To whom must the owner or operator submit its RAP application? An owner or operator shall

submit its application for a RAP to the Agency for approval.

BOARD NOTE: Derived from 40 CFR 270.120, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

If an

owner or operator submits its RAP application as part of another document, what must the

owner or operator do? If an owner or operator submits its application for a RAP as a part of

another document, an owner or operator shall clearly identify the components of that document

that constitute its RAP application.

BOARD NOTE: Derived from 40 CFR 270.125, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.303

Getting a RAP A

pproved

What is the process for approving or denying an application for a RAP?

If the Agency tentatively finds that an owner’s or operator’s RAP application includes

all of the information required by Section 703.302(d) and that the proposed remediation

waste management activities meet the regulatory standards, the Agency shall make a

tentative decision to approve the RAP application. The Agency shall then prepare a

draft RAP and provide an opportunity for public comment before making a final

decision on the RAP application, according to this Subpart H of this Part.

If the Agency tentatively finds that the owner’s or operator’s RAP application does not

include all of the information required by Section

703.302(d)

or that the proposed

remediation waste management activities do not meet the regulatory standards, the

Agency may request additional information from an owner or operator or ask an owner

or operator to correct deficiencies in the owner’s or operator’s application. If an owner

or operator fails or refuses to provide any additional information the Agency requests, or

to correct any deficiencies in its RAP application, the Agency may either make a

tentative decision to deny that owner’s or operator’s RAP application or to approve that

application with certain changes, as allowed under Section 39 of the Act [415 ILCS

5/39]. After making this tentative decision, the Agency shall prepare a notice of intent

to deny the RAP application (“notice of intent to deny”) or to approve that application

with certain changes and provide an opportunity for public comment before making a

final decision on the RAP application, according to the requirements in Subpart H of

this Part.

BOARD NOTE: Derived from 40 CFR 270.130, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

What must the Agency include in a draft RAP? If the Agency prepares a draft RAP, the draft

must include the following information:

The information required under Section

703.302(d)

(1) through (d)(6);

The following terms and conditio

ns:

Terms and conditions necessary to ensure that the operating requirements

specified in the RAP comply with applicable requirements of 35 Ill. Adm.

Code 724, 726, and 728 (including any recordkeeping and reporting

requirements). In satisfying this provision, the Agency may incorporate,

expressly or by reference, applicable requirements of 35 Ill. Adm. Code 724,

726, and 728 into the RAP or establish site-specific conditions, as required or

allowed by 35 Ill. Adm. Code 724, 726, and 728;

The terms

and conditions in Subpart F of this Part;

The terms and conditions for modifying, revoking and reissuing, and

terminating the RAP, as provided in Section

703.304(a)

; and

Any additional terms or conditions that the Agency determines are necessary to

adequately protect human health and the environment, including any terms and

conditions necessary to respond to spills and leaks during use of any units

permitted under the RAP; and

If the draft RAP is part of another document, as described in Sectio

703.301(a)

(4)(B), the Agency shall clearly identify the components of that document

that constitute the draft RAP.

BOARD NOTE: Derived from 40 CFR 270.135, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

What else must the Agency prepare in addition to the draft RAP or notice of intent to deny?

Once the Agency has prepared the draft RAP or notice of intent to deny, it shall then do the

following:

Prepare a statement of basis that briefly describes the derivation of the conditions of the

draft RAP and the reasons for them, or the rationale for the notice of intent to deny;

Compile an administrative record, including the following information:

The RAP application, and any supporting data furnished by the applicant;

The draft RAP or notice of intent to deny;

The statement of basis and all documents cited therein (material readily

available at the applicable Agency office or published material that is generally

available need not be physically included with the rest of the record, as long as

it is specifically referred to in the statement of basis); and

Any other documents that support the decision to approve or deny the RAP;

and

Make information contained in the administrative record available for review by the

public upon request.

BOARD NOTE: Derived from 40 CFR 270.140, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

What are the procedures for public comment on the draft RAP or notice of intent to deny?

The Agency shall publish notice of its intent as follows:

Send n

otice to an owner or operator of its intention to approve or deny the

owner’s or operator’s RAP application, and send an owner or operator a copy

of the statement of basis;

Publish a notice of its intention to approve or deny the owner’s or operator’s

RAP application in a major local newspaper of general circulation;

Broadcast its intention to approve or deny the owner’s or operator’s RAP

application over a local radio station; and

Send a notice of its intention to approve or deny the owner’s or

operator’s RAP

application to each unit of local government having jurisdiction over the area in

which the owner’s or operator’s site is located, and to each State agency having

any authority under State law with respect to any construction or operations at

the site.

The notice required by subsection (d)(1) of this Section must provide an opportunity for

the public to submit written comments on the draft RAP or notice of intent to deny

within at least 45 days.

The notice required by subsection (d)(

1) of this Section must include the following

information:

The name and address of the Agency office processing the RAP application;

The name and address of the RAP applicant, and if different, the

remediation

waste management site or activity the RAP will regulate;

A brief description of the activity the RAP will regulate;

The name, address and telephone number of a person from whom interested

persons may obtain further information, including copies of the draft RAP or

notice of intent to deny, statement of basis, and the RAP application;

A brief description of the comment procedures in this section, and any other

procedures by which the public may participate in the RAP decision;

If a hearing is scheduled, the date, time, location and purpose of the hearing;

If a hearing is not scheduled, a statement of procedures to request a hearing;

The location of the administrative record, and times when it will be open for

public inspection; and

Any additional information that the a

gency considers necessary or proper.

If, within the comment period, the Agency receives written notice of opposition to its

intention to approve or deny the owner’s or operator’s RAP application and a request

for a hearing, the Agency shall hold an informal public hearing to discuss issues relating

to the approval or denial of the owner’s or operator’s RAP application. The Agency

may also determine on its own initiative that an informal hearing is appropriate. The

hearing must include an opportunity for any person to present written or oral comments.

Whenever possible, the Agency shall schedule this hearing at a location convenient to

the nearest population center to the remediation waste management site and give notice

according to the requirements in subsection (d)(1) of this Section. This notice must, at a

minimum, include the information required by subsection (d)(3) of this Section and the

following additional information:

A reference to the date of any previous public notices relating to the

RAP

application;

The date, time and place of the hearing; and

A brief description of the nature and purpose of the hearing, including the

applicable rules and procedures.

BOARD NOTE: Derived from 40 CFR 270.145, added at 63 Fed. Reg. 65943 (Nov. 30,

1998).

How must the Agency make a final decision on a RAP application?

The Agency shall consider and respond to any significant comments raised during the

public comment period or during any hearing on the draft RAP or notice of intent to

deny, and the Agency may revise the draft RAP based on those comments, as

appropriate.

If the Agency determines that the owner’s or operator’s RAP includes the information

and terms and conditions required in Section

703.303(b)

, then it will issue a final

decision approving the owner’s or operator’s RAP and, in writing, notify the owner or

operator and all commenters on the owner’s or operator’s draft RAP that the RAP

application has been approved.

If the Agency determines that the owner’s or operator’s

RAP does not include the

information required in Section 703.303(b), then it will issue a final decision denying

the RAP and, in writing, notify the owner or operator and all commenters on the

owner’s or operator’s draft RAP that the RAP application has been denied.

If the Agency’s final decision is that the tentative decision to deny the RAP application

was incorrect, it shall withdraw the notice of intent to deny and proceed to prepare a

draft RAP, according to the requirements in Subpart H of this Part.

When the Agency issues its final RAP decision, it shall refer to the procedures for

appealing the decision under Section

703.303(f)

Before issuing the final RAP decision, the Agency shall compile an administrative

record. Material readily available at the applicable Agency office or published materials

that are generally available and which are included in the administrative record need not

be physically included with the rest of the record, as long as it is specifically referred to

in the statement of basis or the response to comments. The administrative record for the

final RAP must include information in the administrative record for the draft RAP (see

Section

703.303(c)

(2)) and the following items:

All comments received during the public comment period;

Tapes or transcripts of any hearings;

Any written materials submitted at these hearings;

The responses to comments;

Any new material placed in the record since the draft RAP was issued;

Any other documents supporting

the RAP; and

A copy of the final RAP.

The Agency shall make information contained in the administrative record available for

review by the public upon request.

BOARD NOTE: Derived from 40 CFR 270.150, added at 63 Fed. Reg. 65944 (Nov. 30,

1998).

May the decision to approve or deny a RAP application be administratively appealed?

Any

commenter on the draft RAP or notice of intent to deny or any participant in any

public hearing on the draft RAP may appeal the Agency’s decision to approve or deny

the owner’s or operator’s RAP application to the Board under 35 Ill. Adm. Code

705.212. Any person that did not file comments, or did not participate in any public

hearing(s) on the draft RAP, may petition for administrative review only to the extent of

the changes from the draft to the final RAP decision. Appeals of RAPs may be made to

the same extent as for final permit decisions under 35 Ill. Adm. Code 705.201 (or a

decision under Section 703.240 to deny a permit for the active life of a RCRA

hazardous waste management facility or unit). Instead of the notice required under 35

Ill. Adm. Code 705.Subpart D and 705.212(c), the Agency shall give public notice of

any grant of review of a RAP through the same means used to provide notice under

Section

703.303(d)

. The notice will include the following information:

The public hearing and any briefing schedule for the appeal, as provided by the

Board;

A statement that any interested person may participate in the public hearing or

file public comments or an amicus brief with the Board; and

The information specified in Section

703.303(d)

(3), as appropriate.

This appeal is a prerequisite to seeking judicial review of these Agency actions.

BOARD NOTE: Derived from 40 CFR 270.155, added at 63 Fed. Reg. 65944 (Nov. 30,

1998).

When does a RAP become effective? An RAP becomes effective 35 days after the Agency

notifies the owner or operator and all commenters that the RAP is approved unless any of the

following is true:

The Agency specifi

es a later effective date in its decision;

An owner or operator or another person has appealed the RAP under Section

703.303(f)

(if the RAP is appealed, and the request for review is granted under

Section

703.303(f)

, conditions of the RAP are stayed according to 35 Ill. Adm. Code

705.202 through 705.204); or

commenters requested a change in the draft RAP, in which case the RAP becomes

effective immediately when it is issued.

BOARD NOTE: Derived from 40 CFR 270.160, added at 63 Fed. Reg. 65944 (Nov. 30,

1998). The corresponding federal provision provides that a RAP is effective 30 days after the

Agency notice of approval. The Board has used 35 days to be consistent with the 35 days within

which a permit appeal must be filed under Section 40(a)(1) of the Act [415 ILCS 5/40(a)(1)].

When may an owner or operator begin physical construction of new units permitted under the

RAP? An owner or operator shall not begin physical construction of new units permitted under

the RAP for treating, storing, or disposing of hazardous remediation waste before receiving a

finally effective RAP.

BOARD NOTE: Derived from 40 CFR 270.165, added at 63 Fed. Reg. 65944 (Nov. 30,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.304

How a RAP May Be Modified, Revoked and Reissued, or Terminated

After a RAP is issued, how may it be modified, revoked and reissued, or terminated? In a RAP,

the Agency shall specify, either directly or by reference, procedures for future modifications,

revocations and reissuance, or terminations of the RAP. These procedures must provide

adequate opportunities for public review and comment on any modification, revocation and

reissuance, or termination that would significantly change the owner’s or operator’s management

of its remediation waste, or that otherwise merits public review and comment. If the RAP has

been incorporated into a traditional RCRA permit, as allowed under Section

703.301(b)

(3),

then the RAP will be modified according to the applicable requirements in Sections 703.260

through 703.283, revoked and reissued according to the applicable requirements in 35 Ill. Adm.

Code 702.186 and Sections 703.270 through 703.273, or terminated according to the applicable

requirements of 35 Ill. Adm. Code 702.186.

BOARD NOTE: Derived from 40 CFR 270.170, added at 63 Fed. Reg. 65944 (Nov. 30,

1998).

For what reasons may the Agency choose to modify a final RAP?

The Agency may modify the owner’s or operator’s final RAP on its own init

iative only

if one or more of the following reasons listed in this Section exist. If one or more of

these reasons do not exist, then the Agency shall not modify a final RAP, except at the

request of the owner or operator. Reasons for modification are the following:

The owner or operator made material and substantial alterations or additions to

the activity that justify applying different conditions;

The Agency finds new information that was not available at the time of RAP

issuance and would have justified applying different RAP conditions at the

time of issuance;

The standards or regulations on which the RAP was based have changed

because of new or amended statutes, standards, or regulations or by judicial

decision after the RAP was issued;

If the RAP includes any schedules of compliance, the Agency may find reasons

to modify the owner’s or operator’s compliance schedule, such as an act of

God, strike, flood, or materials shortage or other events over which an owner or

operator has little or no control and for which there is no reasonably available

remedy;

The owner or operator is not in compliance with conditions of its RAP;

The owner or operator failed in the application or during the RAP issuance

process to disclose fully all relevant facts, or an owner or operator

misrepresented any relevant facts at the time;

The Agency has determined that the activity authorized by the owner’s or

operator’s RAP endangers human health or the environment and can only be

remedied by modifying the RAP; or

The owner or operator has notified the Agency (as required in the RAP and

under 35 Ill. Adm. Code

702.152

(c)) of a proposed transfer of a RAP.

Notwithstanding any other provision in this section, when the Agency reviews a RAP

for a land disposal facility under Section

703.304(f)

, it may modify the permit as

necessary to assure that the facility continues to comply with the currently applicable

requirements in 35 Ill. Adm. Code 702, 703, 705, and 720 through 726.

The Agency shall not r

eevaluate the suitability of the facility location at the time of RAP

modification unless new information or standards indicate that a threat to human health

or the environment exists that was unknown when the RAP was issued.

BOARD NOTE: Derived from 40 CFR 270.175, added at 63 Fed. Reg. 65944 (Nov. 30,

1998).

For what reasons may the Agency choose to revoke and reissue a final RAP?

The Agency may revoke and reissue a final RAP on its own initiative only if one or

more reasons for revocation and reissuance exist. If one or more reasons do not exist,

then the Agency shall not modify or revoke and reissue a final RAP, except at the

owner’s or operator’s request. Reasons for modification or revocation and

reissuance

are the same as the reasons listed for RAP modifications in Section

703.304(b)

(1)(E)

through (b)(1)(H) if the Agency determines that revocation and reissuance of the RAP is

appropriate.

The Agency shall not reevaluate the suitability of the facility location at the time of RAP

revocation and reissuance, unless new information or standards indicate that a threat to

human health or the environment exists that was unknown when the RAP was issued.

BOARD NOTE: Derived from 40 CFR 270.180, added at 63 Fed. Reg. 65945 (Nov. 30,

1998).

For what reasons may the Agency choose to terminate a final RAP, or deny a renewal

application? The Agency may terminate a final RAP on its own initiative, or deny a renewal

application for the same reasons as those listed for RAP modifications in Section

703.304(b)

(1)(E) through (b)(1)(G) if the Agency determines that termination of the RAP or

denial of the RAP renewal application is appropriate.

BOARD NOTE: Derived from 40 CFR 270.185, added at 63 Fed. Reg. 65945 (Nov. 30,

1998).

May the decision to approve or deny a modification, revocation and

reissuance, or termination of

a RAP be administratively appealed?

Any

commenter on the modification, revocation and reissuance, or termination or any

person that participated in any hearing on these actions, may appeal the Agency’s

decision to approve a modification, revocation and reissuance, or termination of a RAP,

according to Section

703.303(f)

. Any person that did not file comments or did not

participate in any public hearing on the modification, revocation and reissuance, or

termination may petition for administrative review only of the changes from the draft to

the final RAP decision.

Any

commenter on the modification, revocation and reissuance, or termination or any

person that participated in any hearing on these actions may appeal the Agency’s

decision to deny a request for modification, revocation and reissuance, or termination to

the Board. Any person that did not file comments or which did not participate in any

public hearing on the modification, revocation and reissuance, or termination may

petition for administrative review only of the changes from the draft to the final RAP

decision.

The procedure for appeals of

RAPs is as follows:

The person appealing the decision shall send a

petition to the Board pursuant

to 35 Ill. Adm. Code 101 and 105. The petition must briefly set forth the

relevant facts, state the defect or fault that serves as the basis for the appeal,

and explain the basis for the petitioner’s legal standing to pursue the appeal.

The Board has 120 days after receiving the petition to act on it.

If the Board does not take action on the letter within 120 days after receiving it,

the appeal shall be considered denied.

BOARD NOTE: Corresponding 40 CFR 270.190(c)(2) and (c)(3), as added at

63 Fed. Reg. 65945 (Nov. 30, 1998) allow 60 days for administrative review,

which is too short a time for the Board to publish the appropriate notices,

conduct public hearings, and conduct its review. Rather, the Board has

borrowed the 120 days allowed as adequate time for Board review of permit

appeals provided in Section 40(a)(2) of the Act [415 ILCS 5/40(a)(2)].

This appeal is a prerequisite to seeking judicial review of the Agency action on the

RAP.

BOARD NOTE: Derived from 40 CFR 270.190, added at 63 Fed. Reg. 65945 (Nov. 30,

1998). The corresponding federal provisions provide for informal appeal of an Agency RAP

decision. There is no comparable informal procedure under Sections 39 and 40 of the Act [415

ILCS 5/39 and 40].

When will a RAP expire?

RAPs must be issued for a fixed term, not to exceed 10 years,

although they may be renewed upon approval by the Agency in fixed increments of no more than

ten years. In addition, the Agency shall review any RAP for hazardous waste land disposal five

years after the date of issuance or reissuance and the owner or operator or the Agency shall

follow the requirements for modifying the RAP as necessary to assure that the owner or operator

continues to comply with currently applicable requirements in the Act and RCRA sections 3004

and 3005.

BOARD NOTE: Derived from 40 CFR 270.195, added at 63 Fed. Reg. 65945 (Nov. 30,

1998).

How may an owner or operator renew a RAP that is expiring? If an owner or operator wishes to

renew an expiring RAP, the owner or operator shall follow the process for application for and

issuance of RAPs in Subpart H of this Part.

BOARD NOTE: Derived from 40 CFR 270.200, added at 63 Fed. Reg. 65945 (Nov. 30,

1998).

What happens if the owner or operator has applied correctly for a RAP renewal but has not

received approval by the time its old RAP expires? If the owner or operator has submitted a

timely and complete application for a RAP renewal, but the Agency, through no fault of the

owner’s or operator’s, has not issued a new RAP with an effective date on or before the

expiration date of the previous RAP, the previous RAP conditions continue in force until the

effective date of the new RAP or RAP denial.

BOARD NOTE: Derived from 40 CFR 270.205, added at 63 Fed. Reg. 65945 (Nov. 30,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.305

Operating Under An RAP

What records must an owner or operator maintain concerning its RAP? An owner or operato

r is

required to keep records of the following:

All data used to complete RAP applications and any supplemental information that an

owner or operator submits for a period of at least three years from the date the

application is signed; and

Any operating or other records the Agency requires an owner or operator to maintain as

a condition of the RAP.

BOARD NOTE: Derived from 40 CFR 270.210, added at 63 Fed. Reg. 65945 (Nov. 30,

1998).

How are time periods in the requirements in Subpart H of this

Part and the RAP computed?

Any time period scheduled to begin on the occurrence of an act or event must begin on

the day after the act or event. (For example, if a RAP specifies that the owner or

operator shall close a staging pile within 180 days after the operating term for that

staging pile expires, and the operating term expires on June 1, then June 2 counts as day

one of the 180 days, and the owner or operator would have to complete closure by

November 28.)

Any time period scheduled to begin

before the occurrence of an act or event must be

computed so that the period ends on the day before the act or event. (For example, if an

owner or operator is transferring ownership or operational control of its site, and the

owner or operator wishes to transfer its RAP, the new owner or operator shall submit a

revised RAP application no later than 90 days before the scheduled change. Therefore,

if an owner or operator plans to change ownership on January 1, the new owner or

operator shall submit the revised RAP application no later than October 3, so that the

90th day would be December 31.)

If the final day of any time period falls on a weekend or legal holiday, the time period

must be extended to the next working day. (For example, if an owner or operator wishes

to appeal the Agency’s decision to modify its RAP, then an owner or operator shall

petition the Board within 35 days after the Agency has issued the final RAP decision. If

the 35th day falls on Sunday, then the owner or operator may submit its appeal by the

Monday after. If the 35th day falls on July 4th, then the owner or operator may submit

its appeal by July 5th.)

Whenever a party or interested person has the right to or is required to act within a

prescribed period after the service of notice or other paper upon him by mail, four days

may not be added to the prescribed term. (For example, if an owner or operator wishes

to appeal the Agency’s decision to modify its RAP, then the owner or operator shall

petition the Board within 35 days after the Agency has issued the final RAP decision.

BOARD NOTE: Derived from 40 CFR 270.215, added at 63 Fed. Reg. 65945 (Nov.

30, 1998). Federal subsections (c) and (d) provide that a RAP is effective 30 days after

the Agency notice of approval. The Board has used 35 days to be consistent with the 35

days within which a permit appeal must be filed under Section 40(a)(1) of the Act [415

ILCS 5/40(a)(1)]. Further, federal subsection (d) provides three days for completion of

service by mail. The addition of four days (see procedural rule 35 Ill. Adm. Code

101.144(c)) to be consistent with 40 CFR 270.215(d) would exceed the 35 days

allowed under Section 40(a)(1) of the Act [415 ILCS 5/40(a)(1)].

How may an owner or operator transfer its RAP to a new owner or operator?

If an owner or operator wishes to transfer its RAP to a new owner or operator, the

owner or operator shall follow the requirements specified in its RAP for RAP

modification to identify the new owner or operator, and incorporate any other necessary

requirements. These modifications do not constitute “significant” modifications for

purposes of Section

703.304(a)

. The new owner or operator shall submit a revised

RAP application no later than 90 days before the scheduled change along with a written

agreement containing a specific date for transfer of RAP responsibility between the

owner or operator and the new permittees.

When a transfer of ownership or operational control occurs, the old owner or operator

shall comply with the applicable requirements in 35 Ill. Adm. Code 724.Subpart H

(Financial Requirements) until the new owner or operator has demonstrated that it is

complying with the requirements in that Subpart. The new owner or operator shall

demonstrate compliance with 35 Ill. Adm. Code 724.Subpart H within six months of

the date of the change in ownership or operational control of the facility or remediation

waste management site. When the new owner or operator demonstrates compliance

with 35 Ill. Adm. Code 724.Subpart H to the Agency, the Agency shall notify the owner

or operator that it no longer needs to comply with 35 Ill. Adm. Code 724.Subpart H as

of the date of demonstration.

BOARD NOTE: Derived from 40 CFR 270.220, added at 63 Fed. Reg. 65946 (Nov. 30,

1998).

What must the Agency report about noncompliance with

RAPs? The Agency shall report

noncompliance with RAPs according to the provisions of 40 CFR 270.5, incorporated by

reference in 35 Ill. Adm. Code 720.111.

BOARD NOTE: Derived from 40 CFR 270.225, added at 63 Fed. Reg. 65946 (Nov. 30,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.306

Obtaining a RAP for an Off-Site Location

May an owner or operator perform remediation waste management activities under a RAP at a location removed

from the area where the remediation wastes originated?

An owner or operator may request a RAP for

remediation waste management activities at a

location removed from the area where the remediation wastes originated if the owner or operator

believes such a location would be more protective than the contaminated area or areas in close

proximity.

If the Agency determines that an alternative location, removed from the area where the

remediation waste originated, is more protective than managing remediation waste at the area of

contamination or areas in close proximity, then the Agency shall approve a RAP for this

alternative location.

An owner or operator shall request the RAP, and the Agency shall approve or deny the RAP,

according to the procedures and requirements in Subpart H of this Part.

A RAP for an alternative location must also meet the following requirements, which the Agency

shall include in the RAP for such locations:

The RAP for the alternative location must be issued to the person responsible for the

cleanup from which the remediation wastes originated;

The RAP is subject to the expanded public participation requirements in Sections

703.191, 703.192, and 703.193;

The RAP is subject to the public no

tice requirements in 35 Ill. Adm. Code 705.163;

The site permitted in the RAP may not be located within 61 meters or 200 feet of a fault

that has had displacement in the Holocene time (the owner or operator shall demonstrate

compliance with this standard through the requirements in Section 7903.183(k)) (See

the definitions of terms in 35 Ill. Adm. Code 724.118(a));

BOARD NOTE: Sites in Illinois are assumed to be in compliance with the requirement

of subsection (d)(4) of this Section, since they are not listed in 40 CFR 264, Appendix

VI.

These alternative locations are

remediation waste management sites, and retain the following

benefits of remediation waste management sites:

Exclusion from facility-wide corrective action under 35 Ill. Adm. Code 724.201; and

Application of 35 Ill. Adm. Code 724.101(j) in lieu of 35 Ill. Adm. Code 724.Subparts

B, C, and D.

BOARD NOTE: Derived from 40 CFR 270.230, added at 63 Fed. Reg. 65946 (Nov. 30,

1998).

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

Section 703.Appendix A

Classification of Permit Modifications

Class

Modifications

General Permit Provisions

Administrative and informational changes.

Correction of typographical errors.

Equipment replacement or upgrading with functionally equivalent components

(e.g., pipes, valves, pumps, conveyors, controls).

Changes in the frequency of or procedures for monitoring, reporting, sampling,

or maintenance activities by the permittee:

To provide for more frequent monitoring, reporting, or maintenance.

Other changes.

Schedule of compliance:

Changes in interim compliance dates, with prior approval of the Agency.

Extension of final compliance date.

Changes in expiration date of permit to allow earlier permit termination, with

prior approval of the Agency.

Changes in ownership or operational control of a facility, provided the

procedures of Section 703.260(b) are followed.

General Facility Standards

Changes to waste sampling or analysis methods:

To conform with Agency guidance or Board regulations.

To incorporate changes associated with F039 (multi-source leachate)

sampling or analysis methods.

To incorporate changes associated with underlying hazardous constituents

in ignitable or corrosive wastes.

Other changes.

Changes to analytical quality assurance/control plan:

To conform with agency guidance or regulations.

Other changes.

Changes in procedures for maintaining the operating record.

Changes in frequency or content of inspection schedules.

Changes in the training plan:

That affect the type or decrease the amount of training given to

employees.

Other changes.

Contingency plan:

Changes in emergency procedures (i.e., spill or release response

procedures).

Replacement with functionally equivalent equipment, upgrade, or relocate

emergency equipment listed.

Removal of equipment from emergency equipment list.

Changes in name, address, or phone number of coordinators or other

persons or agencies identified in the plan.

Note: When a permit modification (such as introduction of a new unit) requires

a change in facility plans or other general facility standards, that change must be

reviewed under the same procedures as the permit modification.

CQA plan:

Changes that the CQA officer certifies in the operating record will

provide equivalent or better certainty that the unit components meet the

design specifications.

Other changes.

Note: When a permit modification (such as introduction of a new unit) requires

a change in facility plans or other general facility standards, that change shall be

reviewed under the same procedures as a permit modification.

Groundwater Protection

Changes to wells:

Changes in the number, location, depth, or design of upgradient or

downgradient wells of permitted groundwater monitoring system.

Replacement of an existing well that has been damaged or rendered

inoperable, without change to location, design, or depth of the well.

Changes in groundwater sampling or analysis procedures or monitoring

schedule, with prior approval of the Agency.

Changes in statistical procedure for determining whether a statistically significant

change in groundwater quality between upgradient and downgradient wells has

occurred, with prior approval of the Agency.

Changes in point of compliance.

Changes in indicator parameters, hazardous constituents, or concentration limits

(including ACLs (Alternate Concentration Limits)):

As specified in the groundwater protection standard.

As specified in the detection monitoring program.

Changes to a detection monitoring program as required by 35 Ill. Adm. Code

724.198(j), unless otherwise specified in this Appendix.

Compliance monitoring program:

Addition of compliance monitoring program as required by 35 Ill. Adm.

Code 724.198(h)(4) and 724.199.

Changes to a compliance monitoring program as required by 35 Ill. Adm.

Code 724.199(k), unless otherwise specified in this Appendix.

Corrective action program:

Addition of a corrective action program as required by 35 Ill. Adm. Code

724.199(i)(2) and 724.200.

Changes to a corrective action program as required by 35 Ill. Adm. Code

724.200(h), unless otherwise specified in this Appendix.

Closure

Changes to the closure plan:

Changes in estimate of maximum extent of operations or maximum

inventory of waste on-site at any time during the active life of the

facility, with prior approval of the Agency.

Changes in the closure schedule for any unit, changes in the final closure

schedule for the facility or extension of the closure period, with prior

approval of the Agency.

Changes in the expected year of final closure, where other permit

conditions are not changed, with prior approval of the Agency.

Changes in procedures for decontamination of facility equipment or

structures, with prior approval of the Agency.

Changes in approved closure plan resulting from unexpected events

occurring during partial or final closure, unless otherwise specified in this

Appendix.

Extension of the closure period to allow a landfill, surface impoundment,

or land treatment unit to receive non-hazardous wastes after final receipt

of hazardous wastes under 35 Ill. Adm. Code 724.213(d) or (e).

Creation of a new landfill unit as part of closure.

Addition of the following new units to be used temporarily for closure activities:

Surface impoundments.

Incinerators.

Waste piles that do not comply with 35 Ill. Adm. Code 724.350(c).

Waste piles that comply with 35 Ill. Adm. Code 724.350(c).

Tanks or containers (other than specified below).

Tanks used for neutralization, dewatering, phase separation, or

component separation, with prior approval of the Agency.

g. Staging piles.

Post-Closure

Changes in name, address, or phone number of contact in post-closure plan.

Extension of post-closure care period.

Reduction in the post-closure care period.

Changes to the expected year of final closure, where other permit conditions are

not changed.

Changes in post-closure plan necessitated by events occurring during the active

life of the facility, including partial and final closure.

Containers

Modification or addition of container units:

Resulting in greater than 25 percent increase in the facility’s container

storage capacity, except as provided in F(1)(c) and F(4)(a).

Resulting in up to 25 percent increase in the facility’s container storage

capacity, except as provided in F(1)(c) and F(4)(a).

Or treatment processes necessary to treat wastes that are restricted from

land disposal to meet some or all of the applicable treatment standards or

to treat wastes to satisfy (in whole or in part) the standard of “use of

practically available technology that yields the greatest environmental

benefit” contained in 40 CFR 268.8(a)(2)(ii), incorporated by reference

in 35 Ill. Adm. Code 728.108, with prior approval of the Agency. This

modification may also involve the addition of new waste codes or

narrative description of wastes. It is not applicable to dioxin-containing

wastes (F020, F021, F022, F023, F026, F027 and F028).

Modification of container units without an increased capacity or alteration of the

system:

Modification of a container unit without increasing the capacity of the

unit.

Addition of a roof to a container unit without alteration of the

containment system.

Storage of different wastes in containers, except as provided in F(4):

That require additional or different management practices from those

authorized in the permit.

That do not require additional or different management practices from

those authorized in the permit.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Storage or treatment of different wastes in containers:

That require addition of units or change in treatment process or

management standards, provided that the wastes are restricted from land

disposal and are to be treated to meet some or all of the applicable

treatment standards, or are to be treated to satisfy (in whole or in part)

the standard of “use of practically available technology that yields the

greatest environmental benefit” contained in 40 CFR 268.8(a)(2)(ii),

incorporated by reference in 35 Ill. Adm. Code 728.108. It is not

applicable to dioxin-containing wastes (F020, F021, F022, F023, F026,

F027 and F028).

That do not require the addition of units or a change in the treatment

process or management standards, and provided that the units have

previously received wastes of the same type (e.g., incinerator scrubber

water). This modification is not applicable to dioxin-containing wastes

(F020, F021, F022, F023, F026, F027 and F028).

Tanks

Modification or addition of tank units resulting in greater than 25 percent

increase in the facility’s tank capacity, except as provided in paragraphs

G(1)(c), G(1)(d) and G(1)(e).

Modification or addition of tank units resulting in up to 25 percent

increase in the facility’s tank capacity, except as provided in paragraphs

G(1)(d) and G(1)(e).

Addition of a new tank that will operate for more than 90 days using any

of the following physical or chemical treatment technologies:

neutralization, dewatering, phase separation, or component separation.

After prior approval of the Agency, addition of a new tank that will

operate for up to 90 days using any of the following physical or chemical

treatment technologies: neutralization, dewatering, phase separation, or

component separation.

Modification or addition of tank units or treatment processes that are

necessary to treat wastes that are restricted from land disposal to meet

some or all of the applicable treatment standards or to treat wastes to

satisfy (in whole or in part) the standard of “use of practically available

technology that yields the greatest environmental benefit” contained in 40

CFR 268.8(a)(2)(ii), incorporated by reference in 35 Ill. Adm. Code

728.108, with prior approval of the Agency. This modification may also

involve the addition of new waste codes. It is not applicable to dioxin-

containing wastes (F020, F021, F022, F023, F026, F027 and F028).

Modification of a tank unit or secondary containment system without increasing

the capacity of the unit.

Replacement of a tank with a tank that meets the same design standards and has a

capacity within ± 10 percent of the replaced tank provided:

The capacity difference is no more than 1500 gallons,

The facility’s permitted tank capacity is not increased, and

The replacement tank meets the same conditions in the permit.

Modification of a tank management practice.

Management of different wastes in tanks:

That require additional or different management practices, tank design,

different fire protection specifications or significantly different tank

treatment process from that authorized in the permit, except as provided

in paragraph G(5)(c).

That do not require additional or different management practices, tank

design, different fire protection specification or significantly different

tank treatment process than authorized in the permit, except as provided

in paragraph G(5)(d).

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

That require addition of units or change in treatment processes or

management standards, provided that the wastes are restricted from land

disposal and are to be treated to meet some or all of the applicable

treatment standards, or that are to be treated to satisfy (in whole or in

part) the standard of “use of practically available technology that yields

the greatest environmental benefit” contained in 40 CFR 268.8(a)(2)(ii),

incorporated by reference in 35 Ill. Adm. Code 728.108. The

modification is not applicable to dioxin-containing wastes (F020, F021,

F022, F023, F026, F027 and F028).

That do not require the addition of units or a change in the treatment

process or management standards, and provided that the units have

previously received wastes of the same type (e.g., incinerator scrubber

water). This modification is not applicable to dioxin-containing wastes

(F020, F021, F022, F023, F026, F027 and F028).

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Surface Impoundments

Modification or addition of surface impoundment units that result in increasing

the facility’s surface impoundment storage or treatment capacity.

Replacement of a surface impoundment unit.

Modification of a surface impoundment unit without increasing the facility’s

surface impoundment storage or treatment capacity and without modifying the

unit’s liner, leak detection system, or leachate collection system.

Modification of a surface impoundment management practice.

Treatment, storage, or disposal of different wastes in surface impoundments:

That require additional or different management practices or different

design of the liner or leak detection system than authorized in the permit.

That do not require additional or different management practices or

different design of the liner or leak detection system than authorized in

the permit.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

That are wastes restricted from land disposal that meet the applicable

treatment standards or that are treated to satisfy the standard of “use of

practically available technology that yields the greatest environmental

benefit” contained in 40 CFR 268.8(a)(2)(ii), incorporated by reference

in 35 Ill. Adm. Code 728.108, and provided that the unit meets the

minimum technological requirements stated in 40 CFR 268.5(h)(2),

incorporated by reference in 35 Ill. Adm. Code 728.105. This

modification is not applicable to dioxin-containing wastes (F020, F021,

F022, F023, F026, F027 and F028).

That are residues from wastewater treatment or incineration, provided the

disposal occurs in a unit that meets the minimum technological

requirements stated in 40 CFR 268.5(h)(2), incorporated by reference in

35 Ill. Adm. Code 728.105, and provided further that the surface

impoundment has previously received wastes of the same type (for

example, incinerator scrubber water). This modification is not applicable

to dioxin-containing wastes (F020, F021, F022, F023, F026, F027 and

F028).

Modifications of unconstructed units to comply with 35 Ill. Adm. Code

724.321(c), 724.322, 724.323 and 724.326(d).

Changes in response action plan:

Increase in action leakage rate.

Change in a specific response reducing its frequency or effectiveness.

Other changes.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Enclosed Waste Piles. For all waste piles, except those complying with 35 Ill. Adm.

Code 724.350(c), modifications are treated the same as for a landfill. The following

modifications are applicable only to waste piles complying with 35 Ill. Adm. Code

724.350(c).

Modification or addition of waste pile units:

Resulting in greater than 25 percent increase in the facility’s waste pile

storage or treatment capacity.

Resulting in up to 25 percent increase in the facility’s waste pile storage

or treatment capacity.

Modification of waste pile unit without increasing the capacity of the unit.

Replacement of a waste pile unit with another waste pile unit of the same design

and capacity and meeting all waste pile conditions in the permit.

Modification of a waste pile management practice.

Storage or treatment of different wastes in waste piles:

That require additional or different management practices or different

design of the unit.

That do not require additional or different management practices or

different design of the unit.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Conversion of an enclosed waste pile to a containment building unit.

Note: See Section 703.280(g) for modification procedures to be used for the

management of newly listed or identified wastes.

Landfills and Unenclosed Waste Piles

Modification or addition of landfill units that result in increasing the facility’s

disposal capacity.

Replacement of a landfill.

Addition or modification of a liner, leachate collection system, leachate detection

system, run-off control, or final cover system.

Modification of a landfill unit without changing a liner, leachate collection

system, leachate detection system, run-off control, or final cover system.

Modification of a landfill management practice.

Landfill different wastes:

That require additional or different management practices, different

design of the liner, leachate collection system, or leachate detection

system.

That do not require additional or different management practices,

different design of the liner, leachate collection system, or leachate

detection system.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

That are wastes restricted from land disposal that meet the applicable

treatment standards or that are treated to satisfy the standard of “use of

practically available technology that yields the greatest environmental

benefit” contained in 40 CFR 268.8(a)(2)(ii), incorporated by reference

in 35 Ill. Adm. Code 728.108, and provided that the landfill unit meets

the minimum technological requirements stated in 40 CFR 268.5(h)(2),

incorporated by reference in 35 Ill. Adm. Code 728.105. This

modification is not applicable to dioxin-containing wastes (F020, F021,

F022, F023, F026, F027 and F028).

That are residues from wastewater treatment or incineration, provided the

disposal occurs in a landfill unit that meets the minimum technological

requirements stated in 40 CFR 268.5(h)(2), incorporated by reference in

35 Ill. Adm. Code 728.105, and provided further that the landfill has

previously received wastes of the same type (for example, incinerator

ash). This modification is not applicable to dioxin-containing wastes

(F020, F021, F022, F023, F026, F027 and F028).

Modification of unconstructed units to comply with 35 Ill. Adm. Code

724.351(c), 724.352, 724.353, 724.354(c), 724.401(c), 724.402, 724.403(c)

and 724.404.

Changes in response action plan:

Increase in action leakage rate.

Change in a specific response reducing its frequency or effectiveness.

Other changes.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Land Treatment

Lateral expansion of or other modification of a land treatment unit to increase

area extent.

Modification of run-on control system.

Modify run-off control system.

Other modification of land treatment unit component specifications or standards

required in permit.

Management of different wastes in land treatment units:

That require a change in permit operating conditions or unit design

specifications.

That do not require a change in permit operating conditions or unit design

specifications.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Modification of a land treatment unit management practice to:

Increase rate or change method of waste application.

Decrease rate of waste application.

Modification of a land treatment unit management practice to change measures

of pH or moisture content or to enhance microbial or chemical reactions.

Modification of a land treatment unit management practice to grow food chain

crops, to add to or replace existing permitted crops with different food chain

crops or to modify operating plans for distribution of animal feeds resulting from

such crops.

Modification of operating practice due to detection of releases from the land

treatment unit pursuant to 35 Ill. Adm. Code 724.378(g)(2).

10.

Changes in the unsaturated zone monitoring system resulting in a change to the

location, depth, number of sampling points or replace unsaturated zone

monitoring devices or components of devices with devices or components that

have specifications different from permit requirements.

11.

Changes in the unsaturated zone monitoring system that do not result in a change

to the location, depth, number of sampling points, or that replace unsaturated

zone monitoring devices or components of devices with devices or components

having specifications different from permit requirements.

12.

Changes in background values for hazardous constituents in soil and soil-pore

liquid.

13.

Changes in sampling, analysis, or statistical procedure.

14.

Changes in land treatment demonstration program prior to or during the

demonstration.

15.

Changes in any condition specified in the permit for a land treatment unit to

reflect results of the land treatment demonstration, provided performance

standards are met, and the Agency’s prior approval has been received.

16.

Changes to allow a second land treatment demonstration to be conducted when

the results of the first demonstration have not shown the conditions under which

the wastes can be treated completely, provided the conditions for the second

demonstration are substantially the same as the conditions for the first

demonstration and have received the prior approval of the Agency.

17.

Changes to allow a second land treatment demonstration to be conducted when

the results of the first demonstration have not shown the conditions under which

the wastes can be treated completely, where the conditions for the second

demonstration are not substantially the same as the conditions for the first

demonstration.

18.

Changes in vegetative cover requirements for closure.

Incinerators, Boilers and Industrial Furnaces

Changes to increase by more than 25 percent any of the following limits

authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit,

a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate

limit. The Agency shall require a new trial burn to substantiate compliance with

the regulatory performance standards unless this demonstration can be made

through other means.

Changes to increase by up to 25 percent any of the following limits authorized in

the permit: A thermal feed rate limit, a feedstream feed rate limit, a

chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate

limit. The Agency shall require a new trial burn to substantiate compliance with

the regulatory performance standards unless this demonstration can be made

through other means.

Modification of an incinerator, boiler, or industrial furnace unit by changing the

internal size or geometry of the primary or secondary combustion units, by

adding a primary or secondary combustion unit, by substantially changing the

design of any component used to remove HCl/Cl

, metals, or particulate from

the combustion gases or by changing other features of the incinerator, boiler, or

industrial furnace that could affect its capability to meet the regulatory

performance standards. The Agency shall require a new trial burn to

substantiate compliance with the regulatory performance standards, unless this

demonstration can be made through other means.

Modification of an incinerator, boiler, or industrial furnace unit in a manner that

will not likely affect the capability of the unit to meet the regulatory performance

standards but which will change the operating conditions or monitoring

requirements specified in the permit. The Agency may require a new trial burn

to demonstrate compliance with the regulatory performance standards.

Operating requirements:

Modification of the limits specified in the permit for minimum or

maximum combustion gas temperature, minimum combustion gas

residence time,oxygen concentration in the secondary combustion

chamber, flue gas carbon monoxide or hydrocarbon concentration,

maximum temperature at the inlet to the PM emission control system, or

operating parameters for the air pollution control system. The Agency

shall require a new trial burn to substantiate compliance with the

regulatory performance standards unless this demonstration can be made

through other means.

Modification of any stack gas emission limits specified in the permit, or

modification of any conditions in the permit concerning emergency

shutdown or automatic waste feed cutoff procedures or controls.

Modification of any other operating condition or any inspection or

recordkeeping requirement specified in the permit.

Burning different wastes:

If the waste contains a POHC that is more difficult to burn than

authorized by the permit or if burning of the waste requires compliance

with different regulatory performance standards than specified in the

permit, the Agency shall require a new trial burn to substantiate

compliance with the regulatory performance standards, unless this

demonstration can be made through other means.

If the waste does not contain a POHC that is more difficult to burn than

authorized by the permit and if burning of the waste does not require

compliance with different regulatory performance standards than

specified in the permit.

Note: See Section 703.280(g) for modification procedures to be used for

the management of newly listed or identified wastes.

Shakedown and trial burn:

Modification of the trial burn plan or any of the permit conditions

applicable during the shakedown period for determining operational

readiness after construction, the trial burn period or the period

immediately following the trial burn.

Authorization of up to an additional 720 hours of waste burning during

the shakedown period for determining operational readiness after

construction, with the prior approval of the Agency.

Changes in the operating requirements set in the permit for conducting a

trial burn, provided the change is minor and has received the prior

approval of the Agency.

Changes in the ranges of the operating requirements set in the permit to

reflect the results of the trial burn, provided the change is minor and has

received the prior approval of the Agency.

Substitution of an alternate type of nonhazardous non-hazardous waste fuel that

is not specified in the permit.

Technology changes needed to meet standards under federal 40 CFR 63 (Subpart

EEE--National Emission Standards for Hazardous Air Pollutants From

Hazardous Waste Combustors), provided the procedures of 35 Ill. Adm. Code

703.280(j) are followed.

Containment Buildings.

Modification or addition of containment building units:

Resulting in greater than 25 percent increase in the facility’s containment

building storage or treatment capacity.

Resulting in up to 25 percent increase in the facility’s containment

building storage or treatment capacity.

Modification of a containment building unit or secondary containment system

without increasing the capacity of the unit.

Replacement of a containment building with a containment building that meets

the same design standards provided:

The unit capacity is not increased.

The replacement containment building meets the same conditions in the

permit.

Modification of a containment building management practice.

Storage or treatment of different wastes in containment buildings:

That require additional or different management practices.

That do not require additional or different management practices

Corrective Action.

Approval of a corrective action management unit pursuant to 35 Ill. Adm. Code

724.652.

Approval of a temporary unit or time extension pursuant to 35 Ill. Adm. Code

724.653.

Approval of a staging pile or staging pile operating term extension pursuant to 35 Ill. Adm. Code

724.654.

Note:* indicates modifications requiring prior Agency approval.

BOARD NOTE: Derived from 40 CFR 270.42, Appendix I (19971998), as amended at 63

Fed. Reg.33829 65941 (June 19Nov. 30, 1998).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A: GENERAL PROVISIONS

Section

720.101

Purpose, Scope, and Applicability

720.102

Availability of Information; Confidentiality of Information

720.103

Use of Number and Gender

SUBPART B: DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720.120

Rulemaking

720.121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720.123

Petitions for Regulation as Universal Waste

720.130

Procedures for Solid Waste Determinations

720.131

Solid Waste Determinations

720.132

Boiler Determinations

720.133

Procedures for Determinations

720.140

Additional regulation of certain hazardous waste Recycling Activities on a case-

by-case Basis

720.141

Procedures for case-by-case regulation of hazardous waste Recycling Activities

720.Appendix A

Overview of 40 CFR, Subtitle C Regulations

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified

in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-19 at 7 Ill. Reg. 14015,

effective October 12, 1983; amended in R84-9, 53 PCB 131 at 9 Ill. Reg. 11819, effective July 24, 1985;

amended in R85-22 at 10 Ill. Reg. 968, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 13998,

effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20630, effective December 2, 1986; amended in

R86-28 at 11 Ill. Reg. 6017, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13435, effective

August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19280, effective November 12, 1987; amended in R87-26 at 12

Ill. Reg. 2450, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 12999, effective July 29, 1988;

amended in R88-16 at 13 Ill. Reg. 362, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278,

effective November 13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20, 1990; amended in

R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14 Ill. Reg. 16450, effective

September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective May 9, 1991; amended in R90-11 at 15

Ill. Reg. 9323, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14446, effective September 30, 1991;

amended in R91-13 at 16 Ill. Reg. 9489, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective

November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17

Ill. Reg. 20545, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720, effective April 26, 1994;

amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17480,

effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9508, effective June 27, 1995; amended in R95-

20 at 20 Ill. Reg. 10929, August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective

December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7590, effective April 15, 1998; amended in R97-21/R98-

3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg.

1704, effective January 19, 1999; a

mended at 23 Ill. Reg. ________, effective

______________________

SUBPART B: DEFINITIONS

Section 720.110

Definitions

When used in 35 Ill. Adm. Code 720 through 726 and 728 only, the following terms have the

meanings given below:

“Aboveground tank” means a device meeting the definition of “tank” that is situated

in such a way that the entire surface area of the tank is completely above the plane

of the adjacent surrounding surface and the entire surface area of the tank (including

the tank bottom) is able to be visually inspected.

“Act” or “RCRA” means the Solid Waste Disposal Act, as amended by the

Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et

seq.)

“Active life” of a facility means the period from the initial receipt of hazardous

waste at the facility until the Agency receives certification of final closure.

“Active portion” means that portion of a facility where treatment, storage, or

disposal operations are being or have been conducted after May 19, 1980, and

which is not a closed portion. (See also “closed portion” and “inactive portion”.)

“Administrator” means the Administrator of the U.S. Environmental Protection

Agency or the Administrator’s designee.

“Agency” means the Illinois Environmental Protection Agency.

“Ancillary equipment” means any device including, but not limited to, such devices

as piping, fittings, flanges, valves and pumps, that is used to distribute, meter, or

control the flow of hazardous waste from its point of generation to storage or

treatment tank(s), between hazardous waste storage and treatment tanks to a point of

disposal onsite, or to a point of shipment for disposal off-site.

“Aquifer” means a geologic formation, group of formations, or part of a formation

capable of yielding a significant amount of groundwater to wells or springs.

“Authorized representative” means the person responsible for the overall operation

of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager,

superintendent, or person of equivalent responsibility.

“Battery” means a device consisting of one or more electrically connected

electrochemical cells that is designed to receive, store, and deliver electric energy.

An electrochemical cell is a system consisting of an anode, cathode, and an

electrolyte, plus such connections (electrical and mechanical) as may be needed to

allow the cell to deliver or receive electrical energy. The term battery also includes

an intact, unbroken battery from which the electrolyte has been removed.

“Board” means the Illinois Pollution Control Board.

“Boiler” means an enclosed device using controlled flame combustion and having

the following characteristics:

Physical characteristics.

The unit must have physical provisions for recovering and exporting

thermal energy in the form of steam, heated fluids, or heated gases;

and the unit’s combustion chamber and primary energy recovery

section(s) must be of integral design. To be of integral design, the

combustion chamber and the primary energy recovery section(s)

(such as waterwalls and superheaters) must be physically formed into

one manufactured or assembled unit. A unit in which the

combustion chamber and the primary energy recovery section(s) are

joined only by ducts or connections carrying flue gas is not integrally

designed; however, secondary energy recovery equipment (such as

economizers or air preheaters) need not be physically formed into the

same unit as the combustion chamber and the primary energy

recovery section. The following units are not precluded from being

boilers solely because they are not of integral design: process

heaters (units that transfer energy directly to a process stream), and

fluidized bed combustion units; and

While in operation, the unit must maintain a thermal energy

recovery efficiency of at least 60 percent, calculated in terms of the

recovered energy compared with the thermal value of the fuel; and

The unit must export and utilize at least 75 percent of the recovered

energy, calculated on an annual basis. In this calculation, no credit

shall be given for recovered heat used internally in the same unit.

(Examples of internal use are the preheating of fuel or combustion

air, and the driving of induced or forced draft fans or feedwater

pumps); or

Boiler by designation. The unit is one which the Board has determined, on

a case-by-case basis, to be a boiler, after considering the standards in Section

720.132.

“Carbon regeneration unit” means any enclosed thermal treatment device used to

regenerate spent activated carbon.

“Certification” means a statement of professional opinion based upon knowledge

and belief.

“Closed portion” means that portion of a facility which an owner or operator has

closed in accordance with the approved facility closure plan and all applicable

closure requirements. (See also “active portion” and “inactive portion”.)

“Component” means either the tank or ancillary equipment of a tank system.

“Confined aquifer” means an aquifer bounded above and below by impermeable

beds or by beds of distinctly lower permeability than that of the aquifer itself; an

aquifer containing confined groundwater.

“Container” means any portable device in which a material is stored, transported,

treated, disposed of, or otherwise handled.

“Containment building” means a hazardous waste management unit that is used to

store or treat hazardous waste under the provisions of 35 Ill. Adm. Code

724.Subpart DD and 35 Ill. Adm. Code 725.Subpart DD.

“Contingency plan” means a document setting out an organized, planned and

coordinated course of action to be followed in case of a fire, explosion, or release of

hazardous waste or hazardous waste constituents which could threaten human health

or the environment.

“Corrective action management unit” or “CAMU” means an area within a facility

that is designated by the Agency under 35 Ill. Adm. Code 724.Subpart S for the

purpose of implementing corrective action requirements under 35 Ill. Adm. Code

724.201 and RCRA section 3008(h). A CAMU shall only be used only for the

management of managing remediation wastes pursuant to for implementing such

corrective action requirements or cleanup at the facility.

BOARD NOTE: USEPA must also designate a CAMU until it grants this authority

to the Agency. See the note following 35 Ill. Adm. Code 724.652.

“Corrosion expert” means a person who, by reason of knowledge of the physical

sciences and the principles of engineering and mathematics, acquired by a

professional education and related practical experience, is qualified to engage in the

practice of corrosion control on buried or submerged metal piping systems and

metal tanks. Such a person must be certified as being qualified by the National

Association of Corrosion Engineers (NACE) or be a registered professional engineer

who has certification or licensing that includes education and experience in

corrosion control on buried or submerged metal piping systems and metal tanks.

“Designated facility” means a hazardous waste treatment, storage, or disposal

facility,

Which:

Has received a RCRA permit (or interim status) pursuant to 35 Ill.

Adm. Code 702, 703 and 705;

Has received a RCRA permit from USEPA pursuant to 40 CFR 124

and 270 (1992);

Has received a RCRA permit from a state authorized by USEPA

pursuant to 40 CFR 271 (1992); or

Is regulated under 35 Ill. Adm. Code 721.106(c)(2) or 266.Subpart

F; and

Which has been designated on the manifest by the generator pursuant to 35

Ill. Adm. Code 722.120.

If a waste is destined to a facility in a state, other than Illinois, which has

been authorized by USEPA pursuant to 40 CFR 271, but which has not yet

obtained authorization to regulate that waste as hazardous, then the

designated facility must be a facility allowed by the receiving state to accept

such waste.

“Destination facility” means a facility that treats, disposes of, or recycles a

particular category of universal waste, except those management activities described

in 35 Ill. Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A facility at

which a particular category of universal waste is only accumulated is not a

destination facility for the purposes of managing that category of universal waste.

“Dike” means an embankment or ridge of either natural or manmade materials used

to prevent the movement of liquids, sludges, solids, or other materials.

“Director” means the Director of the Illinois Environmental Protection Agency.

“Discharge” or “hazardous waste discharge” means the accidental or intentional

spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous

waste into or on any land or water.

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or

placing of any solid waste or hazardous waste into or on any land or water so that

such solid waste or hazardous waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any waters, including

groundwaters.

“Disposal facility” means a facility or part of a facility at which hazardous waste is

intentionally placed into or on any land or water and at which waste will remain

after closure. The term disposal facility does not include a corrective action

management unit (CAMU) into which remediation wastes are placed.

“Drip pad” means an engineered structure consisting of a curbed, free-draining

base, constructed of non-earthen materials and designed to convey preservative kick-

back or drippage from treated wood, precipitation and surface water run-on to an

associated collection system at wood preserving plants.

“Electric lamp” means the bulb or tube portion of a lighting device specifically

designed to produce radiant energy, most often in the ultraviolet, visible, and

infrared regions of the electromagnetic spectrum.

BOARD NOTE: The definition of “electric lamp” was added pursuant to

Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective

August 19, 1997).

“Elementary neutralization unit” means a device which:

Is used for neutralizing wastes which are hazardous only because they

exhibit the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122

or are listed in 35 Ill. Adm. Code 721.Subpart D only for this reason; and

Meets the definition of tank, tank system, container, transport vehicle, or

vessel in this Section.

“EPA hazardous waste number” or “USEPA hazardous waste number” means the

number assigned by USEPA to each hazardous waste listed in 35 Ill. Adm. Code

721.Subpart D and to each characteristic identified in 35 Ill. Adm. Code

721.Subpart C.

“EPA identification number” or “USEPA identification number” means the number

assigned by USEPA pursuant to 35 Ill. Adm. Code 722 through 725 to each

generator, transporter and treatment, storage, or disposal facility.

“EPA region” or “USEPA region” means the states and territories found in any

one of the following ten regions:

Region I: Maine, Vermont, New Hampshire, Massachusetts, Connecticut

and Rhode Island

Region II: New York, New Jersey, Commonwealth of Puerto Rico and the

U.S. Virgin Islands

Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia

and the District of Columbia

Region IV: Kentucky, Tennessee, North Carolina, Mississippi, Alabama,

Georgia, South Carolina and Florida

Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio

Region VI: New Mexico, Oklahoma, Arkansas, Louisiana and Texas

Region VII: Nebraska, Kansas, Missouri and Iowa

Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah and

Colorado

Region IX: California, Nevada, Arizona, Hawaii, Guam, American Samoa

and Commonwealth of the Northern Mariana Islands

Region X: Washington, Oregon, Idaho and Alaska

“Equivalent method” means any testing or analytical method approved by the Board

pursuant to Section 720.120.

“Existing hazardous waste management (HWM) facility” or “existing facility”

means a facility which was in operation or for which construction commenced on or

before November 19, 1980. A facility had commenced construction if the owner or

operator had obtained the federal, state, and local approvals or permits necessary to

begin physical construction and either:

A continuous on-site, physical construction program had begun or

The owner or operator had entered into contractual obligations -- which

could not be canceled or modified without substantial loss -- for physical

construction of the facility to be completed within a reasonable time.

“Existing portion” means that land surface area of an existing waste management

unit, included in the original Part A permit application, on which wastes have been

placed prior to the issuance of a permit.

“Existing tank system” or “existing component” means a tank system or component

that is used for the storage or treatment of hazardous waste and that is in operation,

or for which installation has commenced on or prior to July 14, 1986. Installation

will be considered to have commenced if the owner or operator has obtained all

federal, state, and local approvals or permits necessary to begin physical

construction of the site or installation of the tank system and if either

A continuous on-site physical construction or installation program has

begun; or

The owner or operator has entered into contractual obligations -- which

cannot be canceled or modified without substantial loss -- for physical

construction of the site or installation of the tank system to be completed

within a reasonable time.

“Explosives or munitions emergency” means a situation involving the suspected

or detected presence of unexploded ordnance (UXO), damaged or deteriorated

explosives or munitions, an improvised explosive device (IED), other

potentially explosive material or device, or other potentially harmful military

chemical munitions or device, that creates an actual or potential imminent threat

to human health, including safety, or the environment, including property, as

determined by an explosives or munitions emergency response specialist. Such

situations may require immediate and expeditious action by an explosives or

munitions emergency response specialist to control, mitigate, or eliminate the

threat.

“Explosives or munitions emergency response” means all immediate response

activities by an explosives and munitions emergency response specialist to

control, mitigate, or eliminate the actual or potential threat encountered during

an explosives or munitions emergency. An explosives or munitions emergency

response may include in-place render-safe procedures, treatment, or destruction

of the explosives or munitions and/or transporting those items to another

location to be rendered safe, treated, or destroyed. Any reasonable delay in the

completion of an explosives or munitions emergency response caused by a

necessary, unforeseen, or uncontrollable circumstance will not terminate the

explosives or munitions emergency. Explosives and munitions emergency

responses can occur on either public or private lands and are not limited to

responses at RCRA facilities.

“Explosives or munitions emergency response specialist” means an individual

trained in chemical or conventional munitions or explosives handling,

transportation, render-safe procedures, or destruction techniques. Explosives or

munitions emergency response specialists include U.S. Department of Defense

(U.S. DOD) emergency explosive ordnance disposal (EOD), technical escort

unit (TEU), and U.S. DOD-certified civilian or contractor personnel and other

federal, state, or local government or civilian personnel who are similarly

trained in explosives or munitions emergency responses.

“Facility” means:

All contiguous land and structures, other appurtenances, and improvements

on the land used for treating, storing, or disposing of hazardous waste. A

facility may consist of several treatment, storage, or disposal operational

units (e.g., one or more landfills, surface impoundments, or combinations of

them).

For the purpose of implementing corrective action under 35 Ill. Adm. Code

724.201, all contiguous property under the control of the owner or operator

seeking a permit under Subtitle C of RCRA. This definition also applies to

facilities implementing corrective action under RCRA Section 3008(h).

Notwithstanding the immediately-preceding paragraph of this definition, a remediation

waste management site is not a facility that is subject to 35 Ill. Adm. Code 724.201, but

a facility that is subject to corrective action requirements if the site is located within

such a facility.

“Federal agency” means any department, agency or other instrumentality of the

federal government, any independent agency or establishment of the federal

government including any government corporation and the Government Printing

Office.

“Federal, state, and local approvals or permits necessary to begin physical

construction” means permits and approvals required under federal, state, or local

hazardous waste control statutes, regulations, or ordinances.

“Final closure” means the closure of all hazardous waste management units at the

facility in accordance with all applicable closure requirements so that hazardous

waste management activities under 35 Ill. Adm. Code 724 and 725 are no longer

conducted at the facility unless subject to the provisions of 35 Ill. Adm. Code

722.134.

“Food-chain crops” means tobacco, crops grown for human consumption and crops

grown for feed for animals whose products are consumed by humans.

“Freeboard” means the vertical distance between the top of a tank or surface

impoundment dike and the surface of the waste contained therein.

“Free liquids” means liquids which readily separate from the solid portion of a

waste under ambient temperature and pressure.

“Generator” means any person, by site, whose act or process produce hazardous

waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation.

“Groundwater” means water below the land surface in a zone of saturation.

“Hazardous waste” means a hazardous waste as defined in 35 Ill. Adm. Code

721.103.

“Hazardous waste constituent” means a constituent which caused the hazardous

waste to be listed in 35 Ill. Adm. Code 721.Subpart D, or a constituent listed in 35

Ill. Adm. Code 721.124.

“Hazardous waste management unit” is a contiguous area of land on or in which

hazardous waste is placed, or the largest area in which there is significant likelihood

of mixing hazardous waste constituents in the same area. Examples of hazardous

waste management units include a surface impoundment, a waste pile, a land

treatment area, a landfill cell, an incinerator, a tank and its associated piping and

underlying containment system and a container storage area. A container alone does

not constitute a unit; the unit includes containers, and the land or pad upon which

they are placed.

“Inactive portion” means that portion of a facility which is not operated after

November 19, 1980. (See also “active portion” and “closed portion”.)

“Incinerator” means any enclosed device that:

Uses controlled flame combustion and neither:

Meets the criteria for classification as a boiler, sludge dryer, or

carbon regeneration unit, nor

Is listed as an industrial furnace; or

Meets the definition of infrared incinerator or plasma arc incinerator.

“Incompatible waste” means a hazardous waste which is unsuitable for:

Placement in a particular device or facility because it may cause corrosion or

decay of containment materials (e.g., container inner liners or tank walls);

Commingling with another waste or material under uncontrolled conditions

because the commingling might produce heat or pressure, fire or explosion,

violent reaction, toxic dusts, mists, fumes or gases, or flammable fumes or

gases.

(See 35 Ill. Adm. Code 725.Appendix E for examples.)

“Industrial furnace” means any of the following enclosed devices that are integral

components of manufacturing processes and that use thermal treatment to

accomplish recovery of materials or energy:

Cement kilns

Lime kilns

Aggregate kilns

Phosphate kilns

Coke ovens

Blast furnaces

Smelting, melting and refining furnaces (including pyrometallurgical devices

such as cupolas, reverberator furnaces, sintering machines, roasters and

foundry furnaces)

Titanium dioxide chloride process oxidation reactors

Methane reforming furnaces

Pulping liquor recovery furnaces

Combustion devices used in the recovery of sulfur values from spent sulfuric

acid

Halogen acid furnaces (HAFs) for the production of acid from halogenated

hazardous waste generated by chemical production facilities where the

furnace is located on the site of a chemical production facility, the acid

product has a halogen acid content of at least three percent, the acid

product is used in a manufacturing process and, except for hazardous waste

burned as fuel, hazardous waste fed to the furnace has a minimum halogen

content of 20 percent, as generated

Any other such device as the Agency determines to be an “Industrial

Furnace” on the basis of one or more of the following factors:

The design and use of the device primarily to accomplish recovery of

material products;

The use of the device to burn or reduce raw materials to make a

material product;

The use of the device to burn or reduce secondary materials as

effective substitutes for raw materials, in processes using raw

materials as principal feedstocks;

The use of the device to burn or reduce secondary materials as

ingredients in an industrial process to make a material product;

The use of the device in common industrial practice to produce a

material product; and

Other relevant factors.

“Individual generation site” means the contiguous site at or on which one or more

hazardous wastes are generated. An individual generation site, such as a large

manufacturing plant, may have one or more sources of hazardous waste but is

considered a single or individual generation site if the site or property is contiguous.

“Infrared incinerator” means any enclosed device which uses electric powered

resistance heaters as a source of radiant heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

“Inground tank” means a device meeting the definition of “tank” whereby a portion

of the tank wall is situated to any degree within the ground, thereby preventing

visual inspection of that external surface area of the tank that is in the ground.

“In operation” refers to a facility which is treating, storing, or disposing of

hazardous waste.

“Injection well” means a well into which fluids are being injected. (See also

“underground injection”.)

“Inner liner” means a continuous layer of material placed inside a tank or container

which protects the construction materials of the tank or container from the contained

waste or reagents used to treat the waste.

“Installation inspector” means a person who, by reason of knowledge of the

physical sciences and the principles of engineering, acquired by a professional

education and related practical experience, is qualified to supervise the installation of

tank systems.

“International shipment” means the transportation of hazardous waste into or out of

the jurisdiction of the United States.

“Land treatment facility” means a facility or part of a facility at which hazardous

waste is applied onto or incorporated into the soil surface; such facilities are disposal

facilities if the waste will remain after closure.

“Landfill” means a disposal facility or part of a facility where hazardous waste is

placed in or on land and which is not a pile, a land treatment facility, a surface

impoundment, an underground injection well, a salt dome formation, a salt bed

formation, an underground mine, a cave, or a corrective action management unit

(CAMU).

“Landfill cell” means a discrete volume of a hazardous waste landfill which uses a

liner to provide isolation of wastes from adjacent cells or wastes. Examples of

landfill cells are trenches and pits.

“LDS” means leak detection system.

“Leachate” means any liquid, including any suspended components in the liquid,

that has percolated through or drained from hazardous waste.

“Liner” means a continuous layer of natural or manmade materials beneath or on

the sides of a surface impoundment, landfill, or landfill cell, which restricts the

downward or lateral escape of hazardous waste, hazardous waste constituents, or

leachate.

“Leak-detection system” means a system capable of detecting the failure of either

the primary or secondary containment structure or the presence of a release of

hazardous waste or accumulated liquid in the secondary containment structure.

Such a system must employ operational controls (e.g., daily visual inspections for

releases into the secondary containment system of aboveground tanks) or consist of

an interstitial monitoring device designed to detect continuously and automatically

the failure of the primary or secondary containment structure or the presence of a

release of hazardous waste into the secondary containment structure.

“Management” or “hazardous waste management” means the systematic control of

the collection, source separation, storage, transportation, processing, treatment,

recovery and disposal of hazardous waste.

“Manifest” means the shipping document originated and signed by the generator

which contains the information required by 35 Ill. Adm. Code 722.Subpart B.

“Manifest document number” means the USEPA twelve digit identification number

assigned to the generator plus a unique five digit document number assigned to the

manifest by the generator for recording and reporting purposes.

“Mercury-containing lamp” means an electric lamp into which mercury is

purposely introduced by the manufacturer for the operation of the lamp.

Mercury-containing lamps include, but are not limited to, fluorescent lamps and

high-intensity discharge lamps.

BOARD NOTE: The definition of “mercury-containing lamp” was added

pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,

effective August 19, 1997).

“Military munitions” means all ammunition products and components produced

or used by or for the U.S. Department of Defense or the U.S. Armed Services

for national defense and security, including military munitions under the control

of the U.S. Department of Defense, the U.S. Coast Guard, the U.S.

Department of Energy (U.S. DOE), and National Guard personnel. The term

military munitions includes: confined gaseous, liquid, and solid propellants,

explosives, pyrotechnics, chemical and riot control agents, smokes, and

incendiaries used by U.S. DOD components, including bulk explosives and

chemical warfare agents, chemical munitions, rockets, guided and ballistic

missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms

ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and

dispensers, demolition charges, and devices and components of these items and

devices. Military munitions do not include wholly inert items, improvised

explosive devices, and nuclear weapons, nuclear devices, and nuclear

components of these items and devices. However, the term does include non-

nuclear components of nuclear devices, managed under U.S. DOE’s nuclear

weapons program after all sanitization operations required under the Atomic

Energy Act of 1954, as amended, have been completed.

“Mining overburden returned to the mine site” means any material overlying an

economic mineral deposit which is removed to gain access to that deposit and is then

used for reclamation of a surface mine.

“Miscellaneous unit” means a hazardous waste management unit where hazardous

waste is treated, stored, or disposed of and which that is not a container,; tank, tank

system, surface impoundment,; pile, land treatment unit,; landfill,; incinerator,;

boiler,; industrial furnace,; underground injection well with appropriate technical

standards under 35 Ill. Adm. Code 730,; containment building,; corrective action

management unit (CAMU),; or a unit eligible for a research, development, and

demonstration permit under 35 Ill. Adm. Code 703.231

; or staging pile

“Movement” means that hazardous waste transported to a facility in an individual

vehicle.

“New hazardous waste management facility” or “new facility” means a facility

which began operation, or for which construction commenced, after November 19,

1980. (See also “Existing hazardous waste management facility”.)

“New tank system” or “new tank component” means a tank system or component

that will be used for the storage or treatment of hazardous waste and for which

installation commenced after July 14, 1986; except, however, for purposes of 35 Ill.

Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for which

construction commences after July 14, 1986. (See also “existing tank system”.)

“Onground tank” means a device meeting the definition of “tank” that is situated in

such a way that the bottom of the tank is on the same level as the adjacent

surrounding surfaces so that the external tank bottom cannot be visually inspected.

“On-site” means the same or geographically contiguous property which may be

divided by public or private right-of-way, provided the entrance and exit between

the properties is at a crossroads intersection and access is by crossing as opposed to

going along the right-of-way. Noncontiguous properties owned by the same person

but connected by a right-of-way which he controls and to which the public does not

have access is also considered on-site property.

“Open burning” means the combustion of any material without the following

characteristics:

Control of combustion air to maintain adequate temperature for efficient

combustion;

Containment of the combustion reaction in an enclosed device to provide

sufficient residence time and mixing for complete combustion; and

Control of emission of the gaseous combustion products.

(See also “incineration” and “thermal treatment”.)

“Operator” means the person responsible for the overall operation of a facility.

“Owner” means the person who that owns a facility or part of a facility.

“Partial closure” means the closure of a hazardous waste management unit in

accordance with the applicable closure requirements of 35 Ill. Adm. Code 724 or

725 at a facility which contains other active hazardous waste management units.

For example, partial closure may include the closure of a tank (including its

associated piping and underlying containment systems), landfill cell, surface

impoundment, waste pile or other hazardous waste management unit, while other

units of the same facility continue to operate.

“Person” means an individual, trust, firm, joint stock company, federal agency,

corporation (including a government corporation), partnership, association, state,

municipality, commission, political subdivision of a state or any interstate body.

“Personnel” or “facility personnel” means all persons who work at or oversee the

operations of a hazardous waste facility and whose actions or failure to act may

result in noncompliance with the requirements of 35 Ill. Adm. Code 724 or 725.

“Pesticide” means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest or intended for use as a plant regulator,

defoliant, or desiccant, other than any article that fulfills one of the following

descriptions:

It is a new animal drug under Section 201(v) of the Federal Food, Drug and

Cosmetic Act (FFDCA; 21 U.S.C. § 321(v)), incorporated by reference in

Section 720.111,

It is an animal drug that has been determined by regulation of the federal

Secretary of Health and Human Services pursuant to FFDCA Section 512,

incorporated by reference in Section 720.111, to be an exempted new

animal drug, or

It is an animal feed under FFDCA Section 201(w) (21 U.S.C. § 321(w)),

incorporated by reference in Section 720.111 that bears or contains any

substances described in either of the two preceding subsections of this

definition.

BOARD NOTE: The second exception of corresponding 40 CFR 260.10

reads as follows: “Is an animal drug that has been determined by regulation

of the Secretary of Health and Human Services not to be a new animal

drug”. This is very similar to the language of Section 2(u) of the Federal

Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. § 136(u)).

The three exceptions, taken together, appear intended not to include as

“pesticide” any material within the scope of federal Food and Drug

Administration regulation. The Board codified this provision with the intent

of retaining the same meaning as its federal counterpart while adding the

definiteness required under Illinois law.

“Pile” means any noncontainerized accumulation of solid, non-flowing hazardous

waste that is used for treatment or storage, and that is not a containment building.

“Plasma arc incinerator” means any enclosed device which uses a high intensity

electrical discharge or arc as a source of heat followed by an afterburner using

controlled flame combustion and which is not listed as an industrial furnace.

“Point source” means any discernible, confined and discrete conveyance including,

but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

container, rolling stock, concentrated animal feeding operation, or vessel or other

floating craft from which pollutants are or may be discharged. This term does not

include return flows from irrigated agriculture.

“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm. Code

310.110.

“Qualified groundwater scientist” means a scientist or engineer who has received a

baccalaureate or postgraduate degree in the natural sciences or engineering, and has

sufficient training and experience in groundwater hydrology and related fields, as

demonstrated by state registration, professional certifications, or completion of

accredited university courses that enable the individual to make sound professional

judgments regarding groundwater monitoring and contaminant fate and transport.

BOARD NOTE: “State registration” includes, but is not limited to, registration as

a professional engineer with the Department of Professional Regulation, pursuant to

225 ILCS 325/1 and 68 Ill. Adm. Code 1380. “Professional certification” includes,

but is not limited to, certification under the certified ground water professional

program of the National Ground Water Association.

“Regional Administrator” means the Regional Administrator for the EPA Region in

which the facility is located or the Regional Administrator’s designee.

“Remediation waste” means all solid and hazardous wastes, and all media

(including groundwater, surface water, soils, and sediments) and debris that contain

listed hazardous wastes or which themselves exhibit a hazardous waste characteristic

which are managed for the purpose of implementing corrective action requirements

under 35 Ill. Adm. Code 724.201 and RCRA Section 3008(h) cleanup. For a given

facility, remediation wastes may originate only from within the facility boundary,

but may include waste managed in implementing RCRA sections 3004(v) or

3008(h) for releases beyond the facility boundary.

“Remediation waste management site” means a facility where an owner or operator is or will be

treating, storing, or disposing of hazardous remediation wastes. A remediation waste

management site is not a facility that is subject to corrective action under 35 Ill. Adm. Code

724.201, but a remediation waste management site is subject to corrective action requirements if

the site is located in such a facility.

“Replacement unit” means a landfill, surface impoundment, or waste pile unit from

which all or substantially all of the waste is removed, and which is subsequently

reused to treat, store, or dispose of hazardous waste. “Replacement unit” does not

include a unit from which waste is removed during closure, if the subsequent reuse

solely involves the disposal of waste from that unit and other closing units or

corrective action areas at the facility, in accordance with a closure or corrective

action plan approved by USEPA or the Agency.

“Representative sample” means a sample of a universe or whole (e.g., waste pile,

lagoon, groundwater) which can be expected to exhibit the average properties of the

universe or whole.

“Runoff” means any rainwater, leachate, or other liquid that drains over land from

any part of a facility.

“Runon” means any rainwater, leachate, or other liquid that drains over land onto

any part of a facility.

“Saturated zone” or “zone of saturation” means that part of the earth’s crust in

which all voids are filled with water.

“SIC Code” means Standard Industrial Code as defined in Standard Industrial

Classification Manual, incorporated by reference in Section 720.111.

“Sludge” means any solid, semi-solid, or liquid waste generated from a municipal,

commercial, or industrial wastewater treatment plant, water supply treatment plant,

or air pollution control facility exclusive of the treated effluent from a wastewater

treatment plant.

“Sludge dryer” means any enclosed thermal treatment device which is used to

dehydrate sludge and which has a total thermal input, excluding the heating value of

the sludge itself, of 2500 Btu/lb or less of sludge treated on a wet weight basis.

“Small Quantity Generator” means a generator which generates less than 1000 kg of

hazardous waste in a calendar month.

“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.

“Sorbent” means a material that is used to soak up free liquids by either adsorption

or absorption, or both. “Sorb” means to either adsorb or absorb, or both.

“Sump” means any pit or reservoir that meets the definition of tank and those

troughs or trenches connected to it that serve to collect hazardous waste for transport

to hazardous waste storage, treatment or disposal facilities; except that, as used in

the landfill, surface impoundment and waste pile rules, “sump” means any lined pit

or reservoir that serves to collect liquids drained from a leachate collection and

removal system or leak detection system for subsequent removal from the system.

“Staging pile” means an accumulation of solid, non-flowing remediation waste (as defined in this

Section) that is not a containment building and that is used only during remedial operations for

temporary storage at a facility. Staging piles must be designated by the Agency according to the

requirements of 35 Ill. Adm. Code 724.654.

“State” means any of the several states, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the

Commonwealth of the Northern Mariana Islands.

“Storage” means the holding of hazardous waste for a temporary period, at the end

of which the hazardous waste is treated, disposed of, or stored elsewhere.

“Sump” means any pit or reservoir that meets the definition of tank and those

troughs or trenches connected to it that serve to collect hazardous waste for transport

to hazardous waste storage, treatment, or disposal facilities; except that, as used in

the landfill, surface impoundment and waste pile rules, “sump” means any lined pit

or reservoir that serves to collect liquids drained from a leachate collection and

removal system or leak detection system for subsequent removal from the system.

“Surface impoundment” or “impoundment” means a facility or part of a facility

which is a natural topographic depression, manmade excavation, or diked area

formed primarily of earthen materials (although it may be lined with manmade

materials) which is designed to hold an accumulation of liquid wastes or wastes

containing free liquids and which is not an injection well. Examples of surface

impoundments are holding, storage, settling and aeration pits, ponds, and lagoons.

“Tank” means a stationary device, designed to contain an accumulation of

hazardous waste which is constructed primarily of nonearthen materials (e.g., wood,

concrete, steel, plastic) which provide structural support.

“Tank system” means a hazardous waste storage or treatment tank and its associated

ancillary equipment and containment system.

“Thermal treatment” means the treatment of hazardous waste in a device which uses

elevated temperatures as the primary means to change the chemical, physical, or

biological character or composition of the hazardous waste. Examples of thermal

treatment processes are incineration, molten salt, pyrolysis, calcination, wet air

oxidation and microwave discharge. (See also “incinerator” and “open burning”.)

“Thermostat” means a temperature control device that contains metallic mercury in

an ampule attached to a bimetal sensing element and mercury-containing ampules

that have been removed from such a temperature control device in compliance with

the requirements of 35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).

“Totally enclosed treatment facility” means a facility for the treatment of hazardous

waste which is directly connected to an industrial production process and which is

constructed and operated in a manner which prevents the release of any hazardous

waste or any constituent thereof into the environment during treatment. An example

is a pipe in which waste acid is neutralized.

“Transfer facility” means any transportation related facility including loading docks,

parking areas, storage areas and other similar areas where shipments of hazardous

waste are held during the normal course of transportation.

“Transport vehicle” means a motor vehicle or rail car used for the transportation of

cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is

a separate transport vehicle.

“Transportation” means the movement of hazardous waste by air, rail, highway, or

water.

“Transporter” means a person engaged in the off-site transportation of hazardous

waste by air, rail, highway, or water.

“Treatability study” means:

A study in which a hazardous waste is subjected to a treatment process to

determine:

Whether the waste is amenable to the treatment process.

What pretreatment (if any) is required.

The optimal process conditions needed to achieve the desired

treatment.

The efficiency of a treatment process for a specific waste or wastes.

Or,

The characteristics and volumes of residuals from a particular

treatment process.

Also included in this definition for the purpose of 35 Ill. Adm. Code

721.104(e) and (f) exemptions are liner compatibility, corrosion and other

material compatibility studies and toxicological and health effects studies. A

“treatability study” is not a means to commercially treat or dispose of

hazardous waste.

“Treatment” means any method, technique, or process, including neutralization,

designed to change the physical, chemical, or biological character or composition of

any hazardous waste so as to neutralize such waste, or so as to recover energy or

material resources from the waste or so as to render such waste non-hazardous or

less hazardous; safer to transport, store, or dispose of; or amenable for recovery,

amenable for storage, or reduced in volume.

“Treatment zone” means a soil area of the unsaturated zone of a land treatment unit

within which hazardous constituents are degraded, transformed, or immobilized.

“Underground injection” means the subsurface emplacement of fluids through a

bored, drilled, or driven well; or through a dug well, where the depth of the dug

well is greater than the largest surface dimension. (See also “injection well”.)

“Underground tank” means a device meeting the definition of “tank” whose entire

surface area is totally below the surface of and covered by the ground.

“Unfit-for-use tank system” means a tank system that has been determined through

an integrity assessment or other inspection to be no longer capable of storing or

treating hazardous waste without posing a threat of release of hazardous waste to the

environment.

“United States” means the 50 states, the District of Columbia, the Commonwealth

of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the

Commonwealth of the Northern Mariana Islands.

“Universal waste” means any of the following hazardous wastes that are managed

under the universal waste requirements of 35 Ill. Adm. Code 733:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Mercury-containing lamps, as described in 35 Ill. Adm. Code 733.107.

BOARD NOTE: Mercury-containing lamps were added as universal

waste pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see

P.A. 90-502, effective August 19, 1997).

“Universal waste handler” means either of the following:

A generator (as defined in this Section) of universal waste; or

The owner or operator of a facility, including all contiguous property, that

receives universal waste from other universal waste handlers, accumulates

the universal waste, and sends that universal waste to another universal

waste handler, to a destination facility, or to a foreign destination.

“Universal waste handler” does not mean:

A person that treats (except under the provisions of Section

733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles

universal waste; or

A person engaged in the off-site transportation of universal waste by

air, rail, highway, or water, including a universal waste transfer

facility.

“Universal waste transporter” means a person engaged in the off-site transportation

of universal waste by air, rail, highway, or water.

“Unsaturated zone” or “zone of aeration” means the zone between the land surface

and the water table.

“Uppermost aquifer” means the geologic formation nearest the natural ground

surface that is an aquifer, as well as lower aquifers that are hydraulically

interconnected with this aquifer within the facility’s property boundary.

“USDOT” or “Department of Transportation” means the United States Department

of Transportation.

“Used oil” means any oil that has been refined from crude oil, or any synthetic oil,

that has been used and as a result of such use is contaminated by physical or

chemical impurities.

“USEPA” or “EPA” or “U.S. EPA” means the United States Environmental

Protection Agency.

“Vessel” includes every description of watercraft, used or capable of being used as

a means of transportation on the water.

“Wastewater treatment unit” means a device which:

Is part of a wastewater treatment facility which has an NPDES permit

pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or authorization

to discharge pursuant to 35 Ill. Adm. Code 310; and

Receives and treats or stores an influent wastewater which is a hazardous

waste as defined in 35 Ill. Adm. Code 721.103, or generates and

accumulates a wastewater treatment sludge which is a hazardous waste as

defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater

treatment sludge which is a hazardous waste as defined in 35 Ill. Adm. Code

721.103; and

Meets the definition of tank or tank system in this Section.

“Water (bulk shipment)” means the bulk transportation of hazardous waste which is

loaded or carried on board a vessel without containers or labels.

“Well” means any shaft or pit dug or bored into the earth, generally of a cylindrical

form, and often walled with bricks or tubing to prevent the earth from caving in.

“Well injection” (See “underground injection”).

“Zone of engineering control” means an area under the control of the owner or

operator that, upon detection of a hazardous waste release, can be readily cleaned up

prior to the release of hazardous waste or hazardous constituents to groundwater or

surface water.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 720.111

References

The following publications are incorporated by reference for the purposes of this

Part and 35 Ill. Adm. Code 703 through 705, 721 through 726, 728, 730, 731,

733, 738, and 739:

ACI. Available from the American Concrete Institute, Box 19150,

Redford Station, Detroit, Michigan 48219:

ACI 318-83: “Building Code Requirements for Reinforced

Concrete”, adopted September, 1983.

ANSI. Available from the American National Standards Institute, 1430

Broadway, New York, New York 10018, 212-354-3300:

ANSI B31.3 and B31.4. See ASME/ANSI B31.3 and B31.4.

API. Available from the American Petroleum Institute, 1220 L Street,

N.W., Washington, D.C. 20005, 202-682-8000:

“Cathodic Protection of Underground Petroleum Storage Tanks

and Piping Systems”, API Recommended Practice 1632, Second

Edition, December, 1987.

“Evaporative Loss from External Floating-Roof Tanks”, API

Publication 2517, Third Edition, February, 1989.

“Guide for Inspection of Refinery Equipment, Chapter XIII,

Atmospheric and Low Pressure Storage Tanks”, 4th Edition,

1981, reaffirmed December, 1987.

“Installation of Underground Petroleum Storage Systems”, API

Recommended Practice 1615, Fourth Edition, November, 1987.

APTI. Available from the Air and Waste Management Association, Box

2861, Pittsburgh, PA 15230, 412-232-3444:

APTI Course 415: Control of Gaseous Emissions, USEPA

Publication EPA-450/2-81-005, December, 1981.

ASME. Available from the American Society of Mechanical Engineers,

345 East 47th Street, New York, NY 10017, 212-705-7722:

“Chemical Plant and Petroleum Refinery Piping”, ASME/ANSI

B31.3-1987, as supplemented by B31.3a-1988 and B31.3b-1988.

Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid

Petroleum Gas, Anhydrous Ammonia, and Alcohols”,

ASME/ANSI B31.4-1986, as supplemented by B31.4a-1987.

Also available from ANSI.

ASTM. Available from American Society for Testing and Materials,

1916 Race Street, Philadelphia, PA 19103, 215-299-5400:

ASTM C 94-90, Standard Specification for Ready-Mixed

Concrete, approved March 30, 1990.

ASTM D 88-87, Standard Test Method for Saybolt Viscosity,

April 24, 1981, reapproved January, 1987.

ASTM D 93-85, Standard Test Methods for Flash Point by

Pensky-Martens Closed Tester, approved October 25, 1985.

ASTM D 1946-90, Standard Practice for Analysis of Reformed

Gas by Gas Chromatography, approved March 30, 1990.

ASTM D 2161-87, Standard Practice for Conversion of

Kinematic Viscosity to Saybolt Universal or to Saybolt Furol

Viscosity, March 27, 1987.

ASTM D 2267-88, Standard Test Method for Aromatics in Light

Naphthas and Aviation Gasolines by Gas Chromatography,

approved November 17, 1988.

ASTM D 2382-88, Standard Test Method for Heat of

Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High

Precision Method), approved October 31, 1988.

ASTM D 2879-92, Standard Test Method for Vapor Pressure-

Temperature Relationship and Initial Decomposition Temperature

of Liquids by Isoteniscope, approved 1992.

ASTM D 3828-87, Standard Test Methods for Flash Point of

Liquids by Setaflash Closed Tester, approved December 14,

1988.

ASTM E 168-88, Standard Practices for General Techniques of

Infrared Quantitative Analysis, approved May 27, 1988.

ASTM E 169-87, Standard Practices for General Techniques of

Ultraviolet-Visible Quantitative Analysis, approved February 1,

1987.

ASTM E 260-85, Standard Practice for Packed Column Gas

Chromatography, approved June 28, 1985.

ASTM Method G 21-70 (1984a) -- Standard Practice for

Determining Resistance of Synthetic Polymer Materials to Fungi.

ASTM Method G 22-76 (1984b) -- Standard Practice for

Determining Resistance of Plastics to Bacteria.

GPO. Available from the Superintendent of Documents, U.S.

Government Printing Office, Washington, D.C. 20402, 202-783-3238:

Standard Industrial Classification Manual (1972), and 1977

Supplement, republished in 1983.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA Publication number SW-846 (Third Edition,

November, 1986), as amended by Updates I (July, 1992), II

(September, 1994), IIA (August, 1993), IIB (January, 1995), and

III (December, 1996) (Document Number 955-001-00000-1).

NACE. Available from the National Association of Corrosion

Engineers, 1400 South Creek Dr., Houston, TX 77084, 713-492-0535:

“Control of External Corrosion on Metallic Buried, Partially

Buried, or Submerged Liquid Storage Systems”, NACE

Recommended Practice RP-02-85, approved March, 1985.

NFPA. Available from the National Fire Protection Association,

Batterymarch Park, Boston, MA 02269, 617-770-3000 or 800-344-

3555:

“Flammable and Combustible Liquids Code” NFPA 30, issued

July 17, 1987. Also available from ANSI.

NTIS. Available from the U.S. Department of Commerce, National

Technical Information Service, 5285 Port Royal Road, Springfield, VA

22161, 703-487-4600:

APTI Course 415: Control of Gaseous Emissions, USEPA

Publication EPA-450/2-81-005, December, 1981.

“Generic Quality Assurance Project Plan for Land Disposal

Restrictions Program”, EPA/530-SW-87-011, March 15, 1987.

(Document number PB 88-170766.)

“Guideline on Air Quality Models”, Revised 1986. (Document

number PB86-245-248 (Guideline) and PB88-150-958

(Supplement), also set forth at 40 CFR 51, Appendix W).

“Methods for Chemical Analysis of Water and Wastes”, Third

Edition, March, 1983. (Document number PB 84-128677).

“Methods Manual for Compliance with BIF Regulations”,

December, 1990. (Document number PB91-120-006).

“Petitions to Delist Hazardous Wastes -- A Guidance Manual,

Second Edition”, EPA/530-R-93-007, March, 1993. (Document

Number PB 93-169 365).

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources”, October, 1992, Publication Number EPA-

450/R-92-019.

“Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA Publication number SW-846 (Third Edition,

November, 1986), as amended by Updates I (July, 1992), II

(September, 1994), IIA (August, 1993), IIB (January, 1995), and

III (December, 1996) (Document Number 955-001-00000-1).

OECD. Organisation for Economic Co-operation and Development,

Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16,

France):

OECD Guideline for Testing of Chemicals, Method 301B: “CO

Evolution (Modified Sturm Test)”, adopted 17 July 1992.

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final) of 27 May 1988.

STI. Available from the Steel Tank Institute, 728 Anthony Trail,

Northbrook, IL 60062, 708-498-1980:

“Standard for Dual Wall Underground Steel Storage Tanks”

(1986).

U.S. DOD. Available from the United States Department of Defense:

“DOD Ammunition and Explosive Safety Standards” (DOD

6055.9-STD), as in effect on November 8, 1995.

The Motor Vehicle Inspection Report (DD Form 626), as in

effect on November 8, 1995.

Requisition Tracking Form (DD Form 1348), as in effect on

November 8, 1995.

The Signature and Talley Record (DD Form 1907), as in effect

on November 8, 1995.

Special Instructions for Motor Vehicle Drivers (DD Form 836),

as in effect on November 8, 1995.

USEPA. Available from United States Environmental Protection

Agency, Office of Drinking Water, State Programs Division, WH 550

E, Washington, D.C. 20460:

“Technical Assistance Document: Corrosion, Its Detection and

Control in Injection Wells”, EPA 570/9-87-002, August, 1987.

USEPA. Available from Receptor Analysis Branch, USEPA (MD-14),

Research Triangle Park, NC 27711:

“Screening Procedures for Estimating the Air Quality Impact of

Stationary Sources, Revised”, October, 1992, Publication

Number EPA-450/R-92-019.

USEPA. Available from RCRA Information Center (RIC), 1235

Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-

94-IEHF-FFFFF):

OECD Amber List of Wastes, Appendix 4 to the OECD Council

Decision C(92)39/FINAL (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1993).

OECD Green List of Wastes, Appendix 3 to the OECD Council

Decision C(92)39/FINAL (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1994).

OECD Red List of Wastes, Appendix 5 to the OECD Council

Decision C(92)39/FINAL (Concerning the Control of

Transfrontier Movements of Wastes Destined for Recovery

Operations) (May 1993).

Table 2.B of the Annex of OECD Council Decision

C(88)90(Final) (May 27, 1988).

U.S. GSA. Available from the United States Government Services

Administration:

Government Bill of Lading (GBL) (GSA Standard Form 1109),

as in effect on November 8, 1995.

Code of Federal Regulations. Available from the Superintendent of Documents,

U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:

10 CFR 20, Appendix B (19978)

40 CFR 51.100(ii) (19978)

40 CFR 51, Appendix W (19978)

40 CFR 52.741, Appendix B (19978)

40 CFR 60 (19978)

40 CFR 61, Subpart V (19978)

40 CFR 63 (19978), as amended at 63 Fed. Reg. 18504 (Apr. 15, 1998)

40 CFR 136 (19978), as corrected at 63 Fed. Reg. 38756 (July 20,

1998) and 63 Fed. Reg. 44146 (Aug. 18, 1998) and amended at 62 63

Fed. Reg. 48394 50387 (Sep. 15 21, 1997 1998)

40 CFR 142 (19978)

40 CFR 220 (19978)

40 CFR 232.2 (1998)

40 CFR 260.20 (19978)

40 CFR 264 (19978)

40 CFR 268.41 (1990)

40 CFR 268.Appendix IX (19978)

40 CFR 270.5 (1998)

40 CFR 302.4, 302.5 and 302.6 (19978)

40 CFR 761 (19978)

49 CFR 171 (19978)

49 CFR 173 (19978)

49 CFR 178 (19978)

Federal Statutes

Section 3004 of the Resource Conservation and Recovery Act (42 USC

6901 et seq.), as amended through December 31, 1987.

Sections 201(v), 201(w), and 360b(j) of the Federal Food, Drug, and

Cosmetic Act (FFDCA; 21 USC 321(v), 321(w) & 512(j)), as amended

through October 25, 1994.

Section 1412 of the Department of Defense Authorization Act of 1986,

Pub. L. 99-145, 50 USC 1521(j)(1) (1997).

This Section incorporates no later editions or amendments.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A: GENERAL PROVISIONS

Section

721.101

Purpose and Scope

721.102

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104

Exclusions

721.105

Special Requirements for Hazardous Waste Generated by Small Quantity

Generators

721.106

Requirements for Recyclable Materials

721.107

Residues of Hazardous Waste in Empty Containers

721.108

PCB Wastes Regulated under TSCA

721.109

Requirements for Universal Waste

SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Section

721.110

Criteria for Identifying the Characteristics of Hazardous Waste

721.111

Criteria for Listing Hazardous Waste

SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE

Section

721.120

General

721.121

Characteristic of Ignitability

721.122

Characteristic of Corrosivity

721.123

Characteristic of Reactivity

721.124

Toxicity Characteristic

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

721.130

General

721.131

Hazardous Wastes From Nonspecific Sources

721.132

Hazardous Waste from Specific Sources

721.133

Discarded Commercial Chemical Products, Off-Specification Species, Container

Residues, and Spill Residues Thereof

721.135

Wood Preserving Wastes

721.138

Comparable or Syngas Fuel Exclusion

721.Appendix A

Representative Sampling Methods

721.Appendix B

Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

721.Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals (Repealed)

Table B

Analytical Characteristics of Inorganic Species (Repealed)

Table C

Sample Preparation/Sample Introduction Techniques (Repealed)

721.Appendix G

Basis for Listing Hazardous Wastes

721.Appendix H

Hazardous Constituents

721.Appendix I

Wastes Excluded by Administrative Action

Table A

Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from

Non-Specific Sources

Table B

Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22 from

Specific Sources

Table C

Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22 from

Commercial Chemical Products, Off-Specification Species, Container

Residues, and Soil Residues Thereof

Table D

Wastes Excluded by the Board by Adjusted Standard

721.Appendix J

Method of Analysis for Chlorinated Dibenzo-p-Dioxins and

Dibenzofurans (Repealed)

721.Appendix Z

Table to Section 721.102

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;

amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;

amended in R82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective February 22, 1983; amended in

R82-19, 53 PCB 131, at 7 Ill. Reg. 13999, effective October 12, 1983; amended in R84-34,

61 PCB 247, at 8 Ill. Reg. 24562, effective December 11, 1984; amended in R84-9, at 9 Ill.

Reg. 11834, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 998, effective January

2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective May 2, 1986; amended in R86-1 at

10 Ill. Reg. 14002, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg. 20647,

effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6035, effective March 24,

1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4, 1987; amended in R87-32

at 11 Ill. Reg. 16698, effective September 30, 1987; amended in R87-5 at 11 Ill. Reg. 19303,

effective November 12, 1987; amended in R87-26 at 12 Ill. Reg. 2456, effective January 15,

1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12, 1988; amended in R87-39

at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 382,

effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300, effective November

13, 1989; amended in R90-2 at 14 Ill. Reg. 14401, effective August 22, 1990; amended in

R90-10 at 14 Ill. Reg. 16472, effective September 25, 1990; amended in R90-17 at 15 Ill.

Reg. 7950, effective May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332, effective June 17,

1991; amended in R91-1 at 15 Ill. Reg. 14473, effective September 30, 1991; amended in

R91-12 at 16 Ill. Reg. 2155, effective January 27, 1992; amended in R91-26 at 16 Ill. Reg.

2600, effective February 3, 1992; amended in R91-13 at 16 Ill. Reg. 9519, effective June 9,

1992; amended in R92-1 at 16 Ill. Reg. 17666, effective November 6, 1992; amended in R92-

10 at 17 Ill. Reg. 5650, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20568,

effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741, effective April 26,

1994; amended in R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994; amended in R94-17 at

18 Ill. Reg. 17490, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9522,

effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963, effective August 1, 1996;

amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997; amended

in R98-12 at 22 Ill. Reg. 7615, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at

22 Ill. Reg. 17531, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill.

Reg. 1718, effective January 19, 1999

; a

mended at 23 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL PROVISIONS

Section 721.104

Exclusions

Materials that are not solid wastes. The following materials are not solid wastes

for the purpose of this Part:

Sewage:

Domestic sewage (untreated sanitary wastes that pass through a

sewer system); and

Any mixture of domestic sewage and other waste that passes

through a sewer system to publicly-owned treatment works for

treatment.

Industrial wastewater discharges that are point source discharges with

National Pollutant Discharge Elimination System (NPDES) permits

issued by the Agency pursuant to Section 12(f) of the Environmental

Protection Act and 35 Ill. Adm. Code 309.

BOARD NOTE: This exclusion applies only to the actual point source

discharge. It does not exclude industrial wastewaters while they are

being collected, stored, or treated before discharge, nor does it exclude

sludges that are generated by industrial wastewater treatment.

Irrigation return flows.

Source, special nuclear, or by-product material as defined by the Atomic

Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).

Materials subjected to in-situ mining techniques that are not removed

from the ground as part of the extraction process.

Pulping liquors (i.e., black liquors) that are reclaimed in a pulping

liquor recovery furnace and then reused in the pulping process, unless

accumulated speculatively, as defined in Section 721.101(c).

Spent sulfuric acid used to produce virgin sulfuric acid unless it is

accumulated speculatively, as defined in Section 721.101(c).

Secondary materials that are reclaimed and returned to the original

process or processes in which they were generated where they are reused

in the production process, provided:

Only tank storage is involved, and the entire process through

completion of reclamation is closed by being entirely connected

with pipes or other comparable enclosed means of conveyance;

Reclamation does not involve controlled flame combustion (such

as occurs in boilers, industrial furnaces, or incinerators);

The secondary materials are never accumulated in such tanks for

over twelve months without being reclaimed; and

The reclaimed material is not used to produce a fuel or used to

produce products that are used in a manner constituting disposal.

Wood preserving wastes.

Spent wood preserving solutions that have been used and which

are reclaimed and reused for their original intended purpose;

Wastewaters from the wood preserving process that have been

reclaimed and which are reused to treat wood; and

Prior to reuse, the wood preserving wastewaters and spent wood

preserving solutions described in subsections (a)(9)(A) and

(a)(9)(B) of this Section, so long as they meet all of the following

conditions:

The wood preserving wastewaters and spent wood

preserving solutions are reused on-site at water borne

plants in the production process for their original intended

purpose;

ii)

Prior to reuse, the wastewaters and spent wood preserving

solutions are managed to prevent release to either land or

groundwater or both;

iii)

Any unit used to manage wastewaters or spent wood

preserving solutions prior to reuse can be visually or

otherwise determined to prevent such releases;

iv)

Any drip pad used to manage the wastewaters or spent

wood preserving solutions prior to reuse complies with the

standards in 35 Ill. Adm. Code 725.Subpart W, regardless

of whether the plant generates a total of less than 100

kg/month of hazardous waste; and

Prior to operating pursuant to this exclusion, the plant

owner or operator submits a one-time notification to the

Agency stating that the plant intends to claim the

exclusion, giving the date on which the plant intends to

begin operating under the exclusion, and containing the

following language: “I have read the applicable

regulation establishing an exclusion for wood preserving

wastewaters and spent wood preserving solutions and

understand it requires me to comply at all times with the

conditions set out in the regulation.” The plant must

maintain a copy of that document in its on-site records for

a period of no less than three years from the date specified

in the notice. The exclusion applies only so long as the

plant meets all of the conditions.

If the plant goes out of

compliance with any condition, it may apply to the Agency for

reinstatement. The Agency shall reinstate the exclusion in writing

if it

finds that the plant has returned to compliance with all conditions and

that violations are not likely to recur

. If the Agency denies an

application, it shall transmit to the applicant specific,

detailed statements in writing as to the reasons it denied

the application. The applicant under this subsection

(a)(9)(C)(v) may appeal the Agency’s determination to

deny the reinstatement, to grant the reinstatement with

conditions, or to terminate a reinstatement before the

Board pursuant to Section 40 of the Act [415 ILCS 5/40].

10)

Hazardous waste numbers K060, K087, K141, K142, K143, K144,

K145, K147, and K148, and any wastes from the coke by-products

processes that are hazardous only because they exhibit the toxicity

characteristic specified in Section 721.124, when subsequent to

generation these materials are recycled to coke ovens, to the tar recovery

process as a feedstock to produce coal tar, or are mixed with coal tar

prior to the tar’s sale or refining. This exclusion is conditioned on there

being no land disposal of the waste from the point it is generated to the

point it is recycled to coke ovens, to tar recovery, to the tar refining

processes, or prior to when it is mixed with coal.

11)

Nonwastewater splash condenser dross residue from the treatment of

hazardous waste number K061 in high temperature metals recovery

units, provided it is shipped in drums (if shipped) and not land disposed

before recovery.

12)

Certain oil-bearing hazardous secondary materials and recovered oil, as

follows:

Oil-bearing hazardous secondary materials (i.e., sludges,

byproducts, or spent materials) that are generated at a petroleum

refinery (standard industrial classification (SIC code 2911) and

are inserted into the petroleum refining process (SIC code 2911:

including, but not limited to, distillation, catalytic cracking,

fractionation, or thermal cracking units (i.e., cokers)) unless the

material is placed on the land, or speculatively accumulated

before being so recycled. Materials inserted into thermal

cracking units are excluded under this subsection (a)(12),

provided that the coke product also does not exhibit a

characteristic of hazardous waste. Oil-bearing hazardous

secondary materials may be inserted into the same petroleum

refinery where they are generated or sent directly to another

petroleum refinery and still be excluded under this provision.

Except as provided in subsection (a)(12)(B) of this Section, oil-

bearing hazardous secondary materials generated elsewhere in the

petroleum industry (i.e., from sources other than petroleum

refineries) are not excluded under this section. Residuals

generated from processing or recycling materials excluded under

this subsection (a)(12)(A), where such materials as generated

would have otherwise met a listing under Subpart D of this Part,

are designated as USEPA hazardous waste number F037 listed

wastes when disposed of or intended for disposal.

Recovered oil that is recycled in the same manner and with the

same conditions as described in subsection (a)(12)(A) of this

Section. Recovered oil is oil that has been reclaimed from

secondary materials (including wastewater) generated from

normal petroleum industry practices, including refining,

exploration and production, bulk storage, and transportation

incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911,

4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil

does not include oil-bearing hazardous wastes listed in Subpart D

of this Part; however, oil recovered from such wastes may be

considered recovered oil. Recovered oil does not include used

oil, as defined in 35 Ill. Adm. Code 739.100.

13)

Excluded scrap metal (processed scrap metal, unprocessed home scrap

metal, and unprocessed prompt scrap metal) being recycled.

14)

Shredded circuit boards being recycled, provided that they meet the

following conditions:

The circuit boards are stored in containers sufficient to prevent a

release to the environment prior to recovery; and

The circuit boards are free of mercury switches, mercury relays,

and nickel-cadmium batteries and lithium batteries.

15)

Condensates derived from the overhead gases from

kraft mill steam strippers that are

used to comply with federal Clean Air Act regulation 40 CFR 63.446(e).

The

exemption applies only to combustion at the mill generating the condensates.

16)

Secondary materials (i.e., sludges, by-products, and spent materials as

defined in Section 721.101) (other than hazardous wastes listed in

Subpart D of this Part) generated within the primary mineral processing

industry from which minerals, acids, cyanide, water, or other values are

recovered by mineral processing, provided that:

The secondary material is legitimately recycled to recover

minerals, acids, cyanide, water, or other values;

The secondary material is not accumulated speculatively;

Except as provided in subsection (a)(16)(D) of this Section, the

secondary material is stored in tanks, containers, or buildings that

meet the following minimum integrity standards: a building must

be an engineered structure with a floor, walls, and a roof all of

which are made of non-earthen materials providing structural

support (except that smelter buildings may have partially earthen

floors, provided that the secondary material is stored on the non-

earthen portion), and have a roof suitable for diverting rainwater

away from the foundation; a tank must be free standing, not be a

surface impoundment (as defined in 35 Ill. Adm. Code 720.110),

and be manufactured of a material suitable for containment of its

contents; a container must be free standing and be manufactured

of a material suitable for containment of its contents. If a tank or

container contains any particulate which may be subject to wind

dispersal, the owner or operator must operate the unit in a

manner that controls fugitive dust. A tank, container, or building

must be designed, constructed, and operated to prevent

significant releases to the environment of these materials.

The Agency shall allow by permit that solid mineral processing

secondary materials only may be placed on pads, rather than in

tanks, containers, or buildings if the facility owner or operator

can demonstrate the following: the solid mineral processing

secondary materials do not contain any free liquid; the pads are

designed, constructed, and operated to prevent significant

releases of the secondary material into the environment; and the

pads provide the same degree of containment afforded by the

non-RCRA tanks, containers, and buildings eligible for

exclusion.

The Agency shall also consider whether storage on pads

poses the potential for significant releases via

groundwater, surface water, and air exposure pathways.

Factors to be considered for assessing the groundwater,

surface water, and air exposure pathways must include the

following: the volume and physical and chemical

properties of the secondary material, including its

potential for migration off the pad; the potential for

human or environmental exposure to hazardous

constituents migrating from the pad via each exposure

pathway; and the possibility and extent of harm to human

and environmental receptors via each exposure pathway.

ii)

Pads must meet the following minimum standards: they

must be designed of non-earthen material that is

compatible with the chemical nature of the mineral

processing secondary material; they must be capable of

withstanding physical stresses associated with placement

and removal; they must have run on/runoff controls; they

must be operated in a manner which controls fugitive

dust; and they must have integrity assurance through

inspections and maintenance programs.

iii)

Before making a determination under this subsection

(a)(16)(D), the Agency shall provide notice and the

opportunity for comment to all persons potentially

interested in the determination. This can be accomplished

by placing notice of this action in major local newspapers,

or broadcasting notice over local radio stations.

BOARD NOTE: See 35 Ill. Adm. Code 703.Subpart D

for the RCRA Subtitle C permit public notice

requirements.

The owner or operator provides a notice to the Agency,

identifying the following information: the types of materials to

be recycled, the type and location of the storage units and

recycling processes, and the annual quantities expected to be

placed in land-based units. This notification must be updated

when there is a change in the type of materials recycled or the

location of the recycling process.

For purposes of subsection (b)(7) of this Section, mineral

processing secondary materials must be the result of mineral

processing and may not include any listed hazardous wastes.

Listed hazardous wastes and characteristic hazardous wastes

generated by non-mineral processing industries are not eligible

for the conditional exclusion from the definition of solid waste.

17)

Comparable fuels or comparable syngas fuels (i.e., comparable or

syngas fuels) that meet the requirements of Section 721.138.

18)

Petrochemical recovered oil from an associated organic chemical

manufacturing facility, where the oil is to be inserted into the petroleum

refining process (SIC code 2911) along with normal petroleum refinery

process streams, provided that both of the following conditions are true

of the oil:

The oil is hazardous only because it exhibits the characteristic of

ignitability (as defined in Section 721.121) or toxicity for

benzene (Section 721.124, USEPA hazardous waste code D018);

The oil generated by the organic chemical manufacturing facility

is not placed on the land, or speculatively accumulated before

being recycled into the petroleum refining process. An

“associated organic chemical manufacturing facility” is a facility

for which all of the following is true: its primary SIC code is

2869, but its operations may also include SIC codes 2821, 2822,

and 2865; it is physically co-located with a petroleum refinery;

and the petroleum refinery to which the oil being recycled is

returned also provides hydrocarbon feedstocks to the organic

chemical manufacturing facility. “Petrochemical recovered oil”

is oil that has been reclaimed from secondary materials (i.e.,

sludges, byproducts, or spent materials, including wastewater)

from normal organic chemical manufacturing operations, as well

as oil recovered from organic chemical manufacturing processes.

19)

Spent caustic solutions from petroleum refining liquid treating processes

used as a feedstock to produce cresylic or naphthenic acid unless the

material is placed on the land, or accumulated speculatively as defined in

Section 721.101(c).

Solid wastes that are not hazardous wastes. The following solid wastes are not

hazardous wastes:

Household waste, including household waste that has been collected,

transported, stored, treated, disposed, recovered (e.g., refuse-derived

fuel), or reused. “Household waste” means any waste material

(including garbage, trash, and sanitary wastes in septic tanks) derived

from households (including single and multiple residences, hotels, and

motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic

grounds, and day-use recreation areas). A resource recovery facility

managing municipal solid waste shall not be deemed to be treating,

storing, disposing of, or otherwise managing hazardous wastes for the

purposes of regulation under this Part, if such facility:

Receives and burns only:

Household waste (from single and multiple dwellings,

hotels, motels, and other residential sources); and

ii)

Solid waste from commercial or industrial sources that

does not contain hazardous waste; and

Such facility does not accept hazardous waste and the owner or

operator of such facility has established contractual requirements

or other appropriate notification or inspection procedures to

assure that hazardous wastes are not received at or burned in such

facility.

BOARD NOTE: The U.S. Supreme Court determined, in City of

Chicago v. Environmental Defense Fund, Inc., 511 U.S. 328, 114 S.

Ct. 1588, 128 L. Ed. 2d 302 (1994), that this exclusion and RCRA

section 3001(i) (42 USC 6921(i)) do not exclude the ash from facilities

covered by this subsection from regulation as a hazardous waste. At 59

Fed. Reg. 29372 (June 7, 1994), USEPA granted facilities managing ash

from such facilities that is determined a hazardous waste under Subpart

C of this Part until December 7, 1994 to file a Part A permit application

pursuant to 35 Ill. Adm. Code 703.181. At 60 Fed. Reg. 6666 (Feb. 3,

1995), USEPA stated that it interpreted that the point at which ash

becomes subject to RCRA Subtitle C regulation is when that material

leaves the combustion building (including connected air pollution control

equipment).

Solid wastes generated by any of the following that are returned to the

soil as fertilizers:

The growing and harvesting of agricultural crops, or

The raising of animals, including animal manures.

Mining overburden returned to the mine site.

Fly ash waste, bottom ash waste, slag waste, and flue gas emission

control waste generated primarily from the combustion of coal or other

fossil fuels, except as provided in 35 Ill. Adm. Code 726.212 for

facilities that burn or process hazardous waste.

Drilling fluids, produced waters, and other wastes associated with the

exploration, development, or production of crude oil, natural gas, or

geothermal energy.

Chromium wastes:

Wastes that fail the test for the toxicity characteristic (Sections

721.124 and 721.Appendix B) because chromium is present or

which are listed in Subpart D of this Part due to the presence of

chromium, that do not fail the test for the toxicity characteristic

for any other constituent or which are not listed due to the

presence of any other constituent, and that do not fail the test for

any other characteristic, if it is shown by a waste generator or by

waste generators that:

The chromium in the waste is exclusively (or nearly

exclusively) trivalent chromium;

ii)

The waste is generated from an industrial process that uses

trivalent chromium exclusively (or nearly exclusively) and

the process does not generate hexavalent chromium; and

iii)

The waste is typically and frequently managed in non-

oxidizing environments.

Specific wastes that meet the standard in subsection (b)(6)(A) of

this Section (so long as they do not fail the test for the toxicity

characteristic for any other constituent and do not exhibit any

other characteristic) are:

Chrome (blue) trimmings generated by the following

subcategories of the leather tanning and finishing

industry: hair pulp/chrome tan/retan/wet finish, hair

save/chrome tan/retan/wet finish, retan/wet finish, no

beamhouse, through-the-blue, and shearling;

ii)

Chrome (blue) shavings generated by the following

subcategories of the leather tanning and finishing

industry: hair pulp/chrome tan/retan/wet finish, hair

save/chrome tan/retan/wet finish, retan/wet finish, no

beamhouse, through-the-blue, and shearling;

iii)

Buffing dust generated by the following subcategories of

the leather tanning and finishing industry: hair

pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue;

iv)

Sewer screenings generated by the following subcategories

of the leather tanning and finishing industry: hair

pulp/chrome tan/retan/wet finish, hair save/chrome

tan/retan/wet finish, retan/wet finish, no beamhouse,

through-the-blue, and shearling;

Wastewater treatment sludges generated by the following

subcategories of the leather tanning and finishing

industry: hair pulp/chrome tan/retan/wet finish, hair

save/chrome tan/retan/wet finish, retan/wet finish, no

beamhouse, through-the-blue, and shearling;

vi)

Wastewater treatment sludges generated by the following

subcategories of the leather tanning and finishing

industry: hair pulp/chrome tan/retan/wet finish, hair

save/chrome tan/retan/wet finish, and through-the-blue;

vii)

Waste scrap leather from the leather tanning industry, the

shoe manufacturing industry, and other leather product

manufacturing industries; and

viii)

Wastewater treatment sludges from the production of

titanium dioxide pigment using chromium-bearing ores by

the chloride process.

Solid waste from the extraction, beneficiation, and processing of ores

and minerals (including coal, phosphate rock, and overburden from the

mining of uranium ore), except as provided by 35 Ill. Adm. Code

726.212 for facilities that burn or process hazardous waste.

For purposes of this subsection (b)(7), beneficiation of ores and

minerals is restricted to the following activities: crushing;

grinding; washing; dissolution; crystallization; filtration; sorting;

sizing; drying; sintering; pelletizing; briquetting; calcining to

remove water or carbon dioxide; roasting; autoclaving or

chlorination in preparation for leaching (except where the

roasting (or autoclaving or chlorination) and leaching sequence

produces a final or intermediate product that does not undergo

further beneficiation or processing); gravity concentration;

magnetic separation; electrostatic separation; floatation; ion

exchange; solvent extraction; electrowinning; precipitation;

amalgamation; and heap, dump, vat tank, and in situ leaching.

For the purposes of this subsection (b)(7), solid waste from the

processing of ores and minerals includes only the following

wastes as generated:

Slag from primary copper processing;

100

ii)

Slag from primary lead processing;

iii)

Red and brown muds from bauxite refining;

iv)

Phosphogypsum from phosphoric acid production;

Slag from elemental phosphorus production;

vi)

Gasifier ash from coal gasification;

vii)

Process wastewater from coal gasification;

viii)

Calcium sulfate wastewater treatment plant sludge from

primary copper processing;

ix)

Slag tailings from primary copper processing;

Fluorogypsum from hydrofluoric acid production;

xi)

Process wastewater from hydrofluoric acid production;

xii)

Air pollution control dust or sludge from iron blast

furnaces;

xiii)

Iron blast furnace slag;

xiv)

Treated residue from roasting and leaching of chrome ore;

xv)

Process wastewater from primary magnesium processing

by the anhydrous process;

xvi)

Process wastewater from phosphoric acid production;

xvii)

Basic oxygen furnace and open hearth furnace air

pollution control dust or sludge from carbon steel

production;

xviii)

Basic oxygen furnace and open hearth furnace slag from

carbon steel production;

xix)

Chloride processing waste solids from titanium

tetrachloride production; and

xx)

Slag from primary zinc production.

101

A residue derived from co-processing mineral processing

secondary materials with normal beneficiation raw materials

remains excluded under this subsection (b) if the following

conditions are fulfilled:

The owner or operator processes at least 50 percent by

weight normal beneficiation raw materials; and

ii)

The owner or operator legitimately reclaims the secondary

mineral processing materials.

Cement kiln dust waste, except as provided by 35 Ill. Adm. Code

726.212 for facilities that burn or process hazardous waste.

Solid waste that consists of discarded arsenical-treated wood or wood

products that fails the test for the toxicity characteristic for hazardous

waste codes D004 through D017 and which is not a hazardous waste for

any other reason if the waste is generated by persons that utilize the

arsenical-treated wood and wood products for these materials’ intended

end use.

10)

Petroleum-contaminated media and debris that fail the test for the

toxicity characteristic of Section 721.124 (hazardous waste codes D018

through D043 only) and which are subject to corrective action

regulations under 35 Ill. Adm. Code 731.

11)

This subsection corresponds with 40 CFR 261.4(b)(11), which expired

by its own terms on January 25, 1993. This statement maintains

structural parity with USEPA regulations.

12)

Used chlorofluorocarbon refrigerants from totally enclosed heat transfer

equipment, including mobile air conditioning systems, mobile

refrigeration, and commercial and industrial air conditioning and

refrigeration systems, that use chlorofluorocarbons as the heat transfer

fluid in a refrigeration cycle, provided the refrigerant is reclaimed for

further use.

13)

Non-terne plated used oil filters that are not mixed with wastes listed in

Subpart D of this Part, if these oil filters have been gravity hot-drained

using one of the following methods:

Puncturing the filter anti-drain back valve or the filter dome end

and hot-draining;

Hot-draining and crushing;

102

Dismantling and hot-draining; or

Any other equivalent hot-draining method that will remove used

oil.

14)

Used oil re-refining distillation bottoms that are used as feedstock to

manufacture asphalt products.

15) Leachate or gas condensate collected from landfills where certain solid

wastes have been disposed, provided that the following conditions are

fulfilled:

A) The solid wastes disposed would meet one or more of the listing

descriptions for Hazardous Waste Codes K169, K170, K171, and

K172 if these wastes had been generated after the effective date

of the listing (January 19, 1999);

B) The solid wastes described in subsection (b)(15)(A) of this

Section were disposed prior to the effective date of the listing;

C) The leachate or gas condensate do not exhibit any characteristic

of hazardous waste nor are derived from any other listed

hazardous waste; and

D) Discharge of the leachate or gas condensate, including leachate or

gas condensate transferred from the landfill to a POTW by truck,

rail, or dedicated pipe, is subject to regulation under sections

307(b) or 402 of the federal Clean Water Act.

E) After February 13, 2001, leachate or gas condensate will no

longer be exempt if it is stored or managed in a surface

impoundment prior to discharge. There is one exception: if the

surface impoundment is used to temporarily store leachate or gas

condensate in response to an emergency situation (e.g., shutdown

of wastewater treatment system), provided the impoundment has

a double liner, and provided the leachate or gas condensate is

removed from the impoundment and continues to be managed in

compliance with the conditions of this subsection (b)(15) of this

Section after the emergency ends.

Hazardous wastes that are exempted from certain regulations. A hazardous

waste that is generated in a product or raw material storage tank, a product or

raw material transport vehicle or vessel, a product or raw material pipeline, or

in a manufacturing process unit, or an associated non-waste-treatment

103

manufacturing unit, is not subject to regulation under 35 Ill. Adm. Code 702,

703, 705, and 722 through 725, and 728 or to the notification requirements of

section 3010 of RCRA until it exits the unit in which it was generated, unless

the unit is a surface impoundment, or unless the hazardous waste remains in the

unit more than 90 days after the unit ceases to be operated for manufacturing or

for storage or transportation of product or raw materials.

Samples

Except as provided in subsection (d)(2) of this Section, a sample of solid

waste or a sample of water, soil, or air that is collected for the sole

purpose of testing to determine its characteristics or composition is not

subject to any requirements of this Part or 35 Ill. Adm. Code 702, 703,

705, and 722 through 728. The sample qualifies when:

The sample is being transported to a laboratory for the purpose of

testing;

The sample is being transported back to the sample collector after

testing;

The sample is being stored by the sample collector before

transport to a laboratory for testing;

The sample is being stored in a laboratory before testing;

The sample is being stored in a laboratory for testing but before it

is returned to the sample collector; or

The sample is being stored temporarily in the laboratory after

testing for a specific purpose (for example, until conclusion of a

court case or enforcement action where further testing of the

sample may be necessary).

In order to qualify for the exemption in subsection (d)(1)(A) or (d)(1)(B)

of this Section, a sample collector shipping samples to a laboratory and a

laboratory returning samples to a sample collector shall:

Comply with U.S. Department of Transportation (USDOT), U.S.

Postal Service (USPS), or any other applicable shipping

requirements; or

Comply with the following requirements if the sample collector

determines that USDOT, USPS, or other shipping requirements

do not apply to the shipment of the sample:

104

Assure that the following information accompanies the

sample: The sample collector’s name, mailing address,

and telephone number; the laboratory’s name, mailing

address, and telephone number; the quantity of the

sample; the date of the shipment; and a description of the

sample.

ii)

Package the sample so that it does not leak, spill, or

vaporize from its packaging.

This exemption does not apply if the laboratory determines that the waste

is hazardous but the laboratory is no longer meeting any of the

conditions stated in subsection (d)(1) of this Section.

Treatability study samples.

Except as is provided in subsection (e)(2) of this Section, a person that

generates or collects samples for the purpose of conducting treatability

studies, as defined in 35 Ill. Adm. Code 720.110, are not subject to any

requirement of 35 Ill. Adm. Code 721 through 723 or to the notification

requirements of section 3010 of the Resource Conservation and

Recovery Act. Nor are such samples included in the quantity

determinations of Section 721.105 and 35 Ill. Adm. Code 722.134(d)

when:

The sample is being collected and prepared for transportation by

the generator or sample collector;

The sample is being accumulated or stored by the generator or

sample collector prior to transportation to a laboratory or testing

facility; or

The sample is being transported to the laboratory or testing

facility for the purpose of conducting a treatability study.

The exemption in subsection (e)(1) of this Section is applicable to

samples of hazardous waste being collected and shipped for the purpose

of conducting treatability studies provided that:

The generator or sample collector uses (in “treatability studies”)

no more than 10,000 kg of media contaminated with non-acute

hazardous waste, 1000 kg of non-acute hazardous waste other

than contaminated media, 1 kg of acute hazardous waste, or 2500

kg of media contaminated with acute hazardous waste for each

105

process being evaluated for each generated wastestream;

The mass of each shipment does not exceed 10,000 kg; the

10,000 kg quantity may be all media contaminated with non-

acute hazardous waste, or may include 2500 kg of media

contaminated with acute hazardous waste, 1000 kg of hazardous

waste, and 1 kg of acute hazardous waste;

The sample must be packaged so that it does not leak, spill, or

vaporize from its packaging during shipment and the

requirements of subsections (e)(2)(C)(i) or (e)(2)(C)(ii) of this

Section are met.

The transportation of each sample shipment complies with

U.S. Department of Transportation (USDOT), U.S.

Postal Service (USPS), or any other applicable shipping

requirements; or

ii)

If the USDOT, USPS, or other shipping requirements do

not apply to the shipment of the sample, the following

information must accompany the sample: The name,

mailing address, and telephone number of the originator

of the sample; the name, address, and telephone number

of the facility that will perform the treatability study; the

quantity of the sample; the date of the shipment; and, a

description of the sample, including its USEPA hazardous

waste number;

The sample is shipped to a laboratory or testing facility that is

exempt under subsection (f) of this Section, or has an appropriate

RCRA permit or interim status;

The generator or sample collector maintains the following records

for a period ending three years after completion of the treatability

study:

Copies of the shipping documents;

ii)

A copy of the contract with the facility conducting the

treatability study;

iii)

Documentation showing: The amount of waste shipped

under this exemption; the name, address, and USEPA

identification number of the laboratory or testing facility

that received the waste; the date the shipment was made;

106

and whether or not unused samples and residues were

returned to the generator; and

The generator reports the information required in subsection

(e)(2)(E)(iii) of this Section in its report under 35 Ill. Adm. Code

722.141.

The Agency may grant requests on a case-by-case basis for up to an

additional two years for treatability studies involving bioremediation.

The Agency may grant requests, on a case-by-case basis, for quantity

limits in excess of those specified in subsections (e)(2)(A), (e)(2)(B), and

(f)(4) of this Section, for up to an additional 5000 kg of media

contaminated with non-acute hazardous waste, 500 kg of non-acute

hazardous waste, 2500 kg of media contaminated with acute hazardous

waste, and 1 kg of acute hazardous waste:

In response to requests for authorization to ship, store, and

conduct further treatability studies on additional quantities in

advance of commencing treatability studies. Factors to be

considered in reviewing such requests include the nature of the

technology, the type of process (e.g., batch versus continuous),

the size of the unit undergoing testing (particularly in relation to

scale-up considerations), the time or quantity of material required

to reach steady-state operating conditions, or test design

considerations, such as mass balance calculations.

In response to requests for authorization to ship, store, and

conduct treatability studies on additional quantities after initiation

or completion of initial treatability studies when: There has been

an equipment or mechanical failure during the conduct of the

treatability study, there is need to verify the results of a

previously-conducted treatability study, there is a need to study

and analyze alternative techniques within a previously-evaluated

treatment process, or there is a need to do further evaluation of

an ongoing treatability study to determine final specifications for

treatment.

The additional quantities allowed and timeframes allowed in

subsections (e)(3)(A) and (e)(3)(B) of this Section are subject to

all the provisions in subsections (e)(1) and (e)(2)(B) through

(e)(2)(F) of this Section. The generator or sample collector shall

apply to the Agency and provide in writing the following

information:

The reason why the generator or sample collector requires

107

additional time or quantity of sample for the treatability

study evaluation and the additional time or quantity

needed;

ii)

Documentation accounting for all samples of hazardous

waste from the wastestream that have been sent for or

undergone treatability studies, including the date each

previous sample from the waste stream was shipped, the

quantity of each previous shipment, the laboratory or

testing facility to which it was shipped, what treatability

study processes were conducted on each sample shipped,

and the available results of each treatability study;

iii)

A description of the technical modifications or change in

specifications that will be evaluated and the expected

results;

iv)

If such further study is being required due to equipment or

mechanical failure, the applicant shall include information

regarding the reason for the failure or breakdown and also

include what procedures or equipment improvements have

been made to protect against further breakdowns; and

Such other information as the Agency determines is

necessary.

Final Agency determinations pursuant to this subsection (e) may be

appealed to the Board.

Samples undergoing treatability studies at laboratories or testing facilities.

Samples undergoing treatability studies and the laboratory or testing facility

conducting such treatability studies (to the extent such facilities are not

otherwise subject to RCRA requirements) are not subject to any requirement of

this Part, or of 35 Ill. Adm. Code 702, 703, 705, 722 through 726, and 728 or

to the notification requirements of Section 3010 of the Resource Conservation

and Recovery Act, provided that the requirements of subsections (f)(1) through

(f)(11) of this Section are met. A mobile treatment unit may qualify as a testing

facility subject to subsections (f)(1) through (f)(11) of this Section. Where a

group of mobile treatment units are located at the same site, the limitations

specified in subsections (f)(1) through (f)(11) of this Section apply to the entire

group of mobile treatment units collectively as if the group were one mobile

treatment unit.

No less than 45 days before conducting treatability studies, the facility

notifies the Agency in writing that it intends to conduct treatability

108

studies under this subsection (f).

The laboratory or testing facility conducting the treatability study has a

USEPA identification number.

No more than a total of 10,000 kg of “as received” media contaminated

with non-acute hazardous waste, 2500 kg of media contaminated with

acute hazardous waste, or 250 kg of other “as received” hazardous waste

is subject to initiation of treatment in all treatability studies in any single

day. “As received” waste refers to the waste as received in the shipment

from the generator or sample collector.

The quantity of “as received” hazardous waste stored at the facility for

the purpose of evaluation in treatability studies does not exceed 10,000

kg, the total of which can include 10,000 kg of media contaminated with

non-acute hazardous waste, 2500 kg of media contaminated with acute

hazardous waste, 1000 kg of non-acute hazardous wastes other than

contaminated media, and 1 kg of acute hazardous waste. This quantity

limitation does not include treatment materials (including nonhazardous

non-hazardous solid waste) added to “as received” hazardous waste.

No more than 90 days have elapsed since the treatability study for the

sample was completed, or no more than one year (two years for

treatability studies involving bioremediation) has elapsed since the

generator or sample collector shipped the sample to the laboratory or

testing facility, whichever date first occurs. Up to 500 kg of treated

material from a particular waste stream from treatability studies may be

archived for future evaluation up to five years from the date of initial

receipt. Quantities of materials archived are counted against the total

storage limit for the facility.

The treatability study does not involve the placement of hazardous waste

on the land or open burning of hazardous waste.

The facility maintains records for three years following completion of

each study that show compliance with the treatment rate limits and the

storage time and quantity limits. The following specific information

must be included for each treatability study conducted:

The name, address, and USEPA identification number of the

generator or sample collector of each waste sample;

The date the shipment was received;

The quantity of waste accepted;

109

The quantity of “as received” waste in storage each day;

The date the treatment study was initiated and the amount of “as

received” waste introduced to treatment each day;

The date the treatability study was concluded;

The date any unused sample or residues generated from the

treatability study were returned to the generator or sample

collector or, if sent to a designated facility, the name of the

facility and the USEPA identification number.

The facility keeps, on-site, a copy of the treatability study contract and

all shipping papers associated with the transport of treatability study

samples to and from the facility for a period ending three years from the

completion date of each treatability study.

The facility prepares and submits a report to the Agency by March 15 of

each year that estimates the number of studies and the amount of waste

expected to be used in treatability studies during the current year, and

includes the following information for the previous calendar year:

The name, address, and USEPA identification number of the

facility conducting the treatability studies;

The types (by process) of treatability studies conducted;

The names and addresses of persons for whom studies have been

conducted (including their USEPA identification numbers);

The total quantity of waste in storage each day;

The quantity and types of waste subjected to treatability studies;

When each treatability study was conducted; and

The final disposition of residues and unused sample from each

treatability study.

10)

The facility determines whether any unused sample or residues generated

by the treatability study are hazardous waste under Section 721.103 and,

if so, are subject to 35 Ill. Adm. Code 702, 703, and 721 through 728,

unless the residues and unused samples are returned to the sample

originator under the exemption of subsection (e) of this Section.

110

11)

The facility notifies the Agency by letter when the facility is no longer

planning to conduct any treatability studies at the site.

Dredged material that is not a hazardous waste. Dredged material that is subject to the

requirements of a permit that has been issued under 404 of the Federal Water Pollution Control

Act (33 U.S.C. 1344) is not a hazardous waste. For the purposes of this subsection (g), the

following definitions apply:

“Dredged material” has the same meaning as defined in 40 CFR 232.2, incorporated by

reference in 35 Ill. Adm. Code 720.111;

“Permit” means any of the following:

A permit issued by the U.S. Army Corps of Engineers (Army Corps) under

section 404 of the Federal Water Pollution Control Act (33 USC 1344);

A permit issued by the Army Corps under section 103 of the Marine Protection,

Research, and Sanctuaries Act of 1972 (33 USC 1413); or

In the case of Army Corps civil works projects, the administrative equivalent of

the permits referred to in the preceding two paragraphs of this Section, as

provided for in Army Corps regulations (for example, see 33 CFR 336.1,

336.2, and 337.6).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 724

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

724.101

Purpose, Scope, and Applicability

724.103

Relationship to Interim Status Standards

SUBPART B: GENERAL FACILITY STANDARDS

Section

724.110

Applicability

724.111

Identification Number

724.112

Required Notices

724.113

General Waste Analysis

111

724.114

Security

724.115

General Inspection Requirements

724.116

Personnel Training

724.117

General Requirements for Ignitable, Reactive or Incompatible Wastes

724.118

Location Standards

724.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

724.130

Applicability

724.131

Design and Operation of Facility

724.132

Required Equipment

724.133

Testing and Maintenance of Equipment

724.134

Access to Communications or Alarm System

724.135

Required Aisle Space

724.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724.150

Applicability

724.151

Purpose and Implementation of Contingency Plan

724.152

Content of Contingency Plan

724.153

Copies of Contingency Plan

724.154

Amendment of Contingency Plan

724.155

Emergency Coordinator

724.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND

REPORTING

Section

724.170

Applicability

724.171

Use of Manifest System

724.172

Manifest Discrepancies

724.173

Operating Record

724.174

Availability, Retention and Disposition of Records

724.175

Annual Report

724.176

Unmanifested Waste Report

724.177

Additional Reports

SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section

724.190

Applicability

724.191

Required Programs

724.192

Groundwater Protection Standard

724.193

Hazardous Constituents

112

724.194

Concentration Limits

724.195

Point of Compliance

724.196

Compliance Period

724.197

General Groundwater Monitoring Requirements

724.198

Detection Monitoring Program

724.199

Compliance Monitoring Program

724.200

Corrective Action Program

724.201

Corrective Action for Solid Waste Management Units

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

724.210

Applicability

724.211

Closure Performance Standard

724.212

Closure Plan; Amendment of Plan

724.213

Closure; Time Allowed For Closure

724.214

Disposal or Decontamination of Equipment, Structures and Soils

724.215

Certification of Closure

724.216

Survey Plat

724.217

Post-closure Care and Use of Property

724.218

Post-closure Closure Care Plan; Amendment of Plan

724.219

Post-closure Notices

724.220

Certification of Completion of Post-closure Care

SUBPART H: FINANCIAL REQUIREMENTS

Section

724.240

Applicability

724.241

Definitions of Terms As Used In This Subpart

724.242

Cost Estimate for Closure

724.243

Financial Assurance for Closure

724.244

Cost Estimate for Post-closure Care

724.245

Financial Assurance for Post-closure Care

724.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Care

724.247

Liability Requirements

724.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

724.251

Wording of the Instruments

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

724.270

Applicability

724.271

Condition of Containers

724.272

Compatibility of Waste With Container

724.273

Management of Containers

724.274

Inspections

724.275

Containment

113

724.276

Special Requirements for Ignitable or Reactive Waste

724.277

Special Requirements for Incompatible Wastes

724.278

Closure

724.279

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

724.290

Applicability

724.291

Assessment of Existing Tank System’s Integrity

724.292

Design and Installation of New Tank Systems or Components

724.293

Containment and Detection of Releases

724.294

General Operating Requirements

724.295

Inspections

724.296

Response to Leaks or Spills and Disposition of Leaking or unfit-for-use Tank

Systems

724.297

Closure and Post-Closure Care

724.298

Special Requirements for Ignitable or Reactive Waste

724.299

Special Requirements for Incompatible Wastes

724.300

Air Emission Standards

SUBPART K: SURFACE IMPOUNDMENTS

Section

724.320

Applicability

724.321

Design and Operating Requirements

724.322

Action Leakage Rate

724.323

Response Actions

724.326

Monitoring and Inspection

724.327

Emergency Repairs; Contingency Plans

724.328

Closure and Post-closure Care

724.329

Special Requirements for Ignitable or Reactive Waste

724.330

Special Requirements for Incompatible Wastes

724.331

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026

and F027

724.332

Air Emission Standards

SUBPART L: WASTE PILES

Section

724.350

Applicability

724.351

Design and Operating Requirements

724.352

Action Leakage Rate

724.353

Response Action Plan

724.354

Monitoring and Inspection

724.356

Special Requirements for Ignitable or Reactive Waste

724.357

Special Requirements for Incompatible Wastes

724.358

Closure and Post-closure Care

114

724.359

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026

and F027

SUBPART M: LAND TREATMENT

Section

724.370

Applicability

724.371

Treatment Program

724.372

Treatment Demonstration

724.373

Design and Operating Requirements

724.376

Food-chain Crops

724.378

Unsaturated Zone Monitoring

724.379

Recordkeeping

724.380

Closure and Post-closure Care

724.381

Special Requirements for Ignitable or Reactive Waste

724.382

Special Requirements for Incompatible Wastes

724.383

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026

and F027

SUBPART N: LANDFILLS

Section

724.400

Applicability

724.401

Design and Operating Requirements

724.402

Action Leakage Rate

724.403

Monitoring and Inspection

724.404

Response Actions

724.409

Surveying and Recordkeeping

724.410

Closure and Post-closure Care

724.412

Special Requirements for Ignitable or Reactive Waste

724.413

Special Requirements for Incompatible Wastes

724.414

Special Requirements for Bulk and Containerized Liquids

724.415

Special Requirements for Containers

724.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

724.417

Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026

and F027

SUBPART O: INCINERATORS

Section

724.440

Applicability

724.441

Waste Analysis

724.442

Principal Organic Hazardous Constituents (POHCs)

724.443

Performance Standards

724.444

Hazardous Waste Incinerator Permits

724.445

Operating Requirements

724.447

Monitoring and Inspections

115

724.451

Closure

SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE

MANAGEMENT UNITS

Section

724.652

Corrective Action Management Units

724.653

Temporary Units

724.654

Staging Piles

SUBPART W: DRIP PADS

Section

724.670

Applicability

724.671

Assessment of existing drip pad integrity

724.672

Design and installation of new drip pads

724.673

Design and operating requirements

724.674

Inspections

724.675

Closure

SUBPART X: MISCELLANEOUS UNITS

Section

724.700

Applicability

724.701

Environmental Performance Standards

724.702

Monitoring, Analysis, Inspection, Response, Reporting and Corrective Action

724.703

Post-closure Care

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

724.930

Applicability

724.931

Definitions

724.932

Standards: Process Vents

724.933

Standards: Closed-Vent Systems and Control Devices

724.934

Test Methods and Procedures

724.935

Recordkeeping requirements

724.936

Reporting Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

724.950

Applicability

724.951

Definitions

724.952

Standards: Pumps in Light Liquid Service

724.953

Standards: Compressors

724.954

Standards: Pressure Relief Devices in Gas/Vapor Service

724.955

Standards: Sampling Connecting Systems

724.956

Standards: Open-ended Valves or Lines

724.957

Standards: Valves in Gas/Vapor or Light Liquid Service

116

724.958

Standards: Pumps, Valves, Pressure Relief Devices and Other Connectors

724.959

Standards: Delay of Repair

724.960

Standards: Closed-vent Systems and Control Devices

724.961

Alternative Percentage Standard for Valves

724.962

Skip Period Alternative for Valves

724.963

Test Methods and Procedures

724.964

Recordkeeping Requirements

724.965

Reporting Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

724.980

Applicability

724.981

Definitions

724.982

Standards: General

724.983

Waste Determination Procedures

724.984

Standards: Tanks

724.985

Standards: Surface Impoundments

724.986

Standards: Containers

724.987

Standards: Closed-vent Systems and Control Devices

724.988

Inspection and Monitoring Requirements

724.989

Recordkeeping Requirements

724.990

Reporting Requirements

724.991

Alternative Control Requirements for Tanks

SUBPART DD: CONTAINMENT BUILDINGS

Section

724.1100

Applicability

724.1101

Design and operating standards

724.1102

Closure and Post-closure Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

724.1200

Applicability

724.1201

Design and Operating Standards

724.1202

Closure and Post-Closure Care

724.Appendix A

Recordkeeping Instructions

724.Appendix B

EPA Report Form and Instructions (Repealed)

724.Appendix D

Cochran’s Approximation to the Behrens-Fisher Student’s T-Test

724.Appendix E

Examples of Potentially Incompatible Waste

724.Appendix I

Groundwater Monitoring List

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

117

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14059, effective October 12, 1983; amended in R84-9

at 9 Ill. Reg. 11964, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1136, effective January 2, 1986;

amended in R86-1 at 10 Ill. Reg. 14119, effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6138,

effective March 24, 1987; amended in R86-28 at 11 Ill. Reg. 8684, effective April 21, 1987; amended in R86-46

at 11 Ill. Reg. 13577, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective November 12,

1987; amended in R87-39 at 12 Ill. Reg. 13135, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 458,

effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18527, effective November 13, 1989; amended in

R90-2 at 14 Ill. Reg. 14511, effective August 22, 1990; amended in R90-10 at 14 Ill. Reg. 16658, effective

September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9654, effective June 17, 1991; amended in R91-1 at 15

Ill. Reg. 14572, effective October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9833, effective June 9, 1992;

amended in R92-1 at 16 Ill. Reg. 17702, effective November 6, 1992; amended in R92-10 at 17 Ill. Reg. 5806,

effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20830, effective November 22, 1993; amended in

R93-16 at 18 Ill. Reg. 6973, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12487, effective July 29,

1994; amended in R94-17 at 18 Ill. Reg. 17601, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg.

9951, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11244, August 1, 1996; amended in R96-

10/R97-3/R97-5 at 22 Ill. Reg. 636, effective December 16, 1997; amended in R98-12 at 22 Ill. Reg. 7638,

effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17972, effective September 28, 1998;

amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186, effective January 19, 1999; a

mended at 23 Ill. Reg.

________, effective ______________________

SUBPART A: GENERAL PROVISIONS

Section 724.101

Purpose, Scope, and Applicability

The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste.

The standards in this Part apply to owners and operators of all facilities that

treat, store, or dispose of hazardous waste, except as specifically provided

otherwise in this Part or 35 Ill. Adm. Code 721.

The requirements of this Part apply to a person disposing of hazardous waste by

means of ocean disposal subject to a permit issued under the Marine Protection,

Research and Sanctuaries Act (16 U.S.C. 1431-1434, 33 U.S.C. 1401) only to

the extent they are included in a RCRA permit by rule granted to such a person

under 35 Ill. Adm. Code 703.141. A “RCRA permit” is a permit required by

Section 21(f) of the Environmental Protection Act and 35 Ill. Adm. Code

703.121.

BOARD NOTE: This Part does apply to the treatment or storage of hazardous

waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

The requirements of this Part apply to a person disposing of hazardous waste by

means of underground injection subject to a permit issued by the Agency

pursuant to Section 12(g) of the Environmental Protection Act only to the extent

118

they are required by 35 Ill. Adm. Code 704.Subpart F.

BOARD NOTE: This Part does apply to the above-ground treatment or storage

of hazardous waste before it is injected underground.

The requirements of this Part apply to the owner or operator of a POTW

(publicly owned treatment works) that treats, stores, or disposes of hazardous

waste only to the extent included in a RCRA permit by rule granted to such a

person under 35 Ill. Adm. Code 703.141.

This subsection corresponds with 40 CFR 264.1(f), which provides that the

federal regulations do not apply to T/S/D activities in authorized states, except

under limited, enumerated circumstances. This statement maintains structural

consistency with USEPA rules.

The requirements of this Part do not apply to:

The owner or operator of a facility permitted by the Agency under

Section 21 of the Environmental Protection Act to manage municipal or

industrial solid waste, if the only hazardous waste the facility treats,

stores, or disposes of is excluded from regulation under this Part by 35

Ill. Adm. Code 721.105.

BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.

Code 807 and may have to have a supplemental permit under 35 Ill.

Adm. Code 807.210.

The owner or operator of a facility managing recyclable materials

described in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4) (except to

the extent that requirements of this Part are referred to in 35 Ill. Adm.

Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739).

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134.

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170.

The owner or operator of a totally enclosed treatment facility, as defined

in 35 Ill. Adm. Code 720.110.

The owner or operator of an elementary neutralization unit or a

wastewater treatment unit, as defined in 35 Ill. Adm. Code 720.110,

provided that if the owner or operator is diluting hazardous ignitable

(D001) wastes (other than the D001 High TOC Subcategory defined in

119

35 Ill. Adm. Code 728.Table T) or reactive (D003) waste to remove the

characteristic before land disposal, the owner or operator must comply

with the requirements set out in Section 724.117(b).

This subsection corresponds with 40 CFR 264.1(g)(7), reserved by

USEPA. This statement maintains structural consistency with USEPA

rules.

Immediate response:

Except as provided in subsection (g)(8)(B) of this Section, a

person engaged in treatment or containment activities during

immediate response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of

hazardous waste;

iii)

A discharge of a material that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material,

or an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

An owner or operator of a facility otherwise regulated by this

Part must comply with all applicable requirements of

724.Subparts C and D.

Any person that is covered by subsection (g)(8)(A) of this Section

and that continues or initiates hazardous waste treatment or

containment activities after the immediate response is over is

subject to all applicable requirements of this Part and 35 Ill.

Adm. Code 702, 703, and 705 for those activities.

In the case of an explosives or munitions emergency response, if

a federal, state, or local official acting within the scope of his or

her official responsibilities or an explosives or munitions

emergency response specialist determines that immediate removal

of the material or waste is necessary to

adequately

protect human

health or the environment, that official or specialist may

120

authorize the removal of the material or waste by transporters

who that do not have USEPA identification numbers and without

the preparation of a manifest. In the case of emergencies

involving military munitions, the responding military emergency

response specialist’s organizational unit shall retain records for

three years identifying the dates of the response, the responsible

persons responding, the type and description of material

addressed, and its disposition.

A transporter storing manifested shipments of hazardous waste in

containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a

transfer facility for a period of ten days or less.

10)

The addition of absorbent materials to waste in a container (as defined in

35 Ill. Adm. Code 720) or the addition of waste to absorbent material in

a container, provided these actions occur at the time waste is first placed

in the container, and Sections 724.117(b), 724.271, and 724.272 are

complied with.

11)

A universal waste handler or universal waste transporter (as defined in

35 Ill. Adm. Code 720.110) that handles any of the wastes listed below

is subject to regulation under 35 Ill. Adm. Code 733 when handling the

following universal wastes:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104; and

Mercury-containing lamps, as described in 35 Ill. Adm. Code

733.107.

BOARD NOTE: Subsection (g)(11)(D) of this Section was

added pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a]

(see P.A. 90-502, effective August 19, 1997).

This Part applies to owners and operators of facilities that treat, store, or

dispose of hazardous wastes referred to in 35 Ill. Adm. Code 728.

35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply

to the storage of military munitions classified as solid waste under 35 Ill. Adm.

Code 726.302. The treatment and disposal of hazardous waste military

munitions are subject to the applicable permitting, procedural, and technical

standards in 35 Ill. Adm. Code 702, 703, 705, 720 through 726, and 728.

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The requirements of Subparts B, C, and D of this Part and Section 724.201 do not apply to

remediation waste management sites. (However, some remediation waste management sites may

be a part of a facility that is subject to a traditional RCRA permit because the facility is also

treating, storing, or disposing of hazardous wastes that are not remediation wastes. In these

cases, Subparts B, C, and D of this Part, and Section 724.201 do apply to the facility subject to

the traditional RCRA permit.) Instead of the requirements of Subparts B, C, and D of this Part,

owners or operators of remediation waste management sites shall comply with the following

requirements:

The owner or operator shall obtain an EPA identificat

ion number by applying to

USEPA using USEPA Form 8700-12;

The owner or operator shall obtain a detailed chemical and physical analysis of a

representative sample of the hazardous remediation wastes to be managed at the site. At

a minimum, the analysis must contain all of the information which must be known to

treat, store, or dispose of the waste according to this Part and 35 Ill. Adm. Code 728,

and the owner or operator shall keep the analysis accurate and up to date;

The owner or operator shall p

revent people who are unaware of the danger from entering

the site, and the owner or operator shall minimize the possibility for unauthorized

people or livestock entering onto the active portion of the remediation waste

management site, unless the owner or operator can demonstrate the following to the

Agency:

Physical contact with the waste, structures, or equipment within the active

portion of the remediation waste management site will not injure people or

livestock who may enter the active portion of the remediation waste

management site; and

Disturbance of the waste or equipment by people or livestock who enter onto

the active portion of the remediation waste management site will not cause a

violation of the requirements of this Part;

The owner or operator shall inspect the

remediation waste management site for

malfunctions, deterioration, operator errors, and discharges that may be causing or may

lead to a release of hazardous waste constituents to the environment or a threat to human

health. The owner or operator shall conduct these inspections often enough to identify

problems in time to correct them before they harm human health or the environment, and

the owner or operator shall remedy the problem before it leads to a human health or

environmental hazard. Where a hazard is imminent or has already occurred, the owner

or operator shall immediately take remedial action;

The owner or operator shall provide personnel with classroom or on-the-job training on

how to perform their duties in a way that ensures the remediation waste management site

complies with the requirements of this Part, and on how to respond effectively to

emergencies;

The owner or operator shall take precautions to prevent accidental ignition or reaction of

ignitable or reactive waste, and the owner or operator shall prevent threats to human

health and the environment from ignitable, reactive, and incompatible waste;

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For

remediation waste management sites subject to regulation under Subparts I through

O and Subpart X of this Part, the owner or operator shall design, construct, operate, and

maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste

by a 100-year flood, unless the owner or operator can meet the demonstration of Section

724.118(b);

The owner or operator shall not place any non-containerized or bulk liquid hazardous

waste in any salt dome formation, salt bed formation, underground mine, or cave;

The owner or operator shall develop and maintain a construction quality ass

urance

program for all surface impoundments, waste piles, and landfill units that are required to

comply with Sections 724.321(c) and (d), 724.351(c) and (d), and 724.401(c) and (d) at

the remediation waste management site, according to the requirements of Section

724.119;

10)

The owner or operator shall develop and maintain procedures to prevent accidents and a

contingency and emergency plan to control accidents that occur. These procedures must

address proper design, construction, maintenance, and operation of remediation waste

management units at the site. The goal of the plan must be to minimize the possibility

of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden

release of hazardous waste or hazardous waste constituents to air, soil, or surface water

that could threaten human health or the environment. The plan must explain specifically

how to treat, store, and dispose of the hazardous remediation waste in question, and

must be implemented immediately whenever a fire, explosion, or release of hazardous

waste or hazardous waste constituents which could threaten human health or the

environment;

11)

The owner or operator shall designate at least one employee, either on the facility

premises or on call (that is, available to respond to an emergency by reaching the facility

quickly), to coordinate all emergency response measures. This emergency coordinator

must be thoroughly familiar with all aspects of the facility’s contingency plan, all

operations and activities at the facility, the location and characteristics of waste handled,

the location of all records within the facility, and the facility layout. In addition, this

person must have the authority to commit the resources needed to carry out the

contingency plan;

12)

The owner or operator shall develop, maintain, and implement a plan to meet the

requirements in subsections (j)(2) through (j)(6) and (j)(9) through (j)(10) of this

Section; and

13)

The owner or operator shall maintain records documenting compliance with subs

ections

(j)(1) through (j)(12) of this Section.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING

Section 724.173

Operating Record

The owner or operator shall keep a written operating record at the facility.

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The following information must be recorded as it becomes available and

maintained in the operating record until closure of the facility:

A description and the quantity of each hazardous waste received and the

method or methods and date or dates of its treatment, storage, or

disposal at the facility, as required by Appendix A of this Part;

The location of each hazardous waste within the facility and the quantity

at each location. For disposal facilities, the location and quantity of each

hazardous waste must be recorded on a map or diagram of each cell or

disposal area. For all facilities, this information must include cross-

references to specific manifest document numbers, if the waste was

accompanied by a manifest;

BOARD NOTE: See Section 724.219 for related requirements.

Records and results of waste analyses and waste determinations

performed as specified in Sections 724.113, 724.117, 724.414, 724.441,

724.934, 724.963, and 724.983 and in 35 Ill. Adm. Code 728.104(a)

and 728.107;

Summary reports and details of all incidents that require implementing

the contingency plan, as specified in Section 724.156(j);

Records and results of inspections, as required by Section 724.115(d)

(except these data need to be kept only three years);

Monitoring, testing, or analytical data and corrective action data where

required by Subpart F of this Part or Sections 724.119, 724.291,

724.293, 724.295, 724.322, 724.323, 724.326, 724.352 through

724.354, 724.376, 724.378, 724.380, 724.402 through 724.404,

724.409, 724.447, 724.702, 724.934(c) through (f), 724.935,

724.963(d) through (i), 724.964, and 724.982 through 724.990;

For off-site facilities, notices to generators as specified in Section

724.112(b);

All closure cost estimates under Section 724.242 and, for disposal

facilities, all post-closure care cost estimates under Section 724.244;

A certification by the permittee, no less often than annually: that the

permittee has a program in place to reduce the volume and toxicity of

hazardous waste that the permittee generates, to the degree the permittee

determines to be economically practicable, and that the proposed method

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of treatment, storage, or disposal is that practicable method currently

available to the permittee that minimizes the present and future threat to

human health and the environment;

10)

Records of the quantities (and date of placement) for each shipment of

hazardous waste placed in land disposal units under an extension of the

effective date of any land disposal restriction granted pursuant to 35 Ill.

Adm. Code 728.105, a petition pursuant to 35 Ill. Adm. Code 728.106

or a certification under 35 Ill. Adm. Code 728.108, and the applicable

notice required of a generator under 35 Ill. Adm. Code 728.107(a);

11)

For an off-site treatment facility, a copy of the notice, and the

certification and demonstration, if applicable, required of the generator

or the owner or operator under 35 Ill. Adm. Code 728.107 or 728.108;

12)

For an on-site treatment facility, the information contained in the notice

(except the manifest number), and the certification and demonstration, if

applicable, required of the generator or the owner or operator under 35

Ill. Adm. Code 728.107 or 728.108;

13)

For an off-site land disposal facility, a copy of the notice, and the

certification and demonstration, if applicable, required of the generator

or the owner or operator of a treatment facility under 35 Ill. Adm. Code

728.107 or 728.108, whichever is applicable;

14)

For an on-site land disposal facility, the information contained in the

notice required of the generator or owner or operator of a treatment

facility under 35 Ill. Adm. Code 728.107, except for the manifest

number, and the certification and demonstration, required under 35 Ill.

Adm. Code 728.108, whichever is applicable;

15)

For an off-site storage facility, a copy of the notice, and the certification

and demonstration if applicable, required of the generator or the owner

or operator under 35 Ill. Adm. Code 728.107 or 728.108; and

16)

For an on-site storage facility, the information contained in the notice

(except the manifest number), and the certification and demonstration if

applicable, required of the generator or the owner or operator under 35

Ill. Adm. Code 728.107 or 728.108.

17)

Any records required under Section 724.101(j)(13).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

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SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS

Section 724.190

Applicability

Types of units.

Except as provided in subsection (b), the regulations in this Subpart

apply to owners and operators of facilities that treat, store or dispose of

hazardous waste. The owner or operator shall satisfy the requirements

identified in subsection (a)(2) for all wastes (or constituents thereof)

contained in solid waste management units at the facility regardless of

the time at which waste was placed in such units.

All solid waste management units must comply with the requirements in

Section 724.201. A surface impoundment, waste pile, land treatment

unit or landfill that receives hazardous waste after July 26, 1982

(hereinafter referred to as a “regulated unit”) must comply with the

requirements of Sections 724.191 through 724.200 in lieu of Section

724.201 for purposes of detecting, characterizing, and responding to

releases to the uppermost aquifer. The financial responsibility

requirements of Section 724.201 apply to regulated units.

The owner or operator’s regulated unit or units are not subject to regulation for

releases into the uppermost aquifer under this Subpart if:

The owner or operator is exempted under Section 724.101; or,

The owner or operator operates a unit which the Agency finds:

Is an engineered structure.

Does not receive or contain liquid waste or waste containing free

liquids.

Is designed and operated to exclude liquid, precipitation, and

other run-on and run-off.

Has both inner and outer layers of containment enclosing the

waste.

Has a leak detection system built into each containment layer.

The owner or operator will provide continuing operation and

maintenance of these leak detection systems during the active life

of the unit and the closure and post-closure care periods, and

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To a reasonable degree of certainty, will not allow hazardous

constituents to migrate beyond the outer containment layer prior

to the end of the post-closure care period.

The Agency finds, pursuant to Section 724.380(d), that the treatment

zone of a land treatment unit that qualifies as a regulated unit does not

contain levels of hazardous constituents that are above background levels

of those constituents by an amount that is statistically significant, and if

an unsaturated zone monitoring program meeting the requirements of

Section 724.378 has not shown a statistically significant increase in

hazardous constituents below the treatment zone during the operating life

of the unit. An exemption under this paragraph can only relieve an

owner or operator of responsibility to meet the requirements of this

Subpart during the post-closure care period; or

The Agency finds that there is no potential for migration of liquid from a

regulated unit to the uppermost aquifer during the active life of the

regulated unit (including the closure period) and the post-closure care

period specified under Section 724.217. This demonstration must be

certified by a qualified geologist or geotechnical engineer. In order to

provide an adequate margin of safety in the prediction of potential

migration of liquid, the owner or operator shall base any predictions

made under this paragraph on assumptions that maximize the rate of

liquid migration.

The owner or operator designs and operates a pile in compliance with

Section 724.350(c).

The regulations under this Subpart apply during the active life of the regulated

unit (including the closure period). After closure of the regulated unit, the

regulations in this Subpart;

Do not apply if all waste, waste residues, contaminated containment

system components, and contaminated subsoils are removed or

decontaminated at closure;

Apply during the post-closure care period under Section 724.217 if the

owner or operator is conducting a detection monitoring program under

Section 724.198; or

Apply during the compliance period under Section 724.196 if the owner

or operator is conducting a compliance monitoring program under

Section 724.199 or a corrective action program under Section 724.200.

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This Subpart applies to miscellaneous units if necessary to comply with Sections

724.701 through 724.703.

The regulations of this Subpart F apply to all owners and operators subject to the requirements of

35 Ill. Adm. Code 703.161, when the Agency issues a post-closure care permit that contains

alternative requirements for the facility, as provided in 35 Ill. Adm. Code 703.161. No

alternative requirements shall apply other than those established as provided in 35 Ill. Adm.

Code 703.161 and incorporated into the facility permit.

BOARD NOTE: The corresponding federal regulations, adopted by USEPA on October 22,

1998 (63 Fed. Reg. 56710), refer to an “enforceable document” that incorporates the alternative

requirements. In Illinois, all facility requirements are incorporated into a permit, and alternative

requirements are incorporated into a permit by virtue of the owner or operator obtaining

appropriate relief. This appropriate relief could take the form of an adjusted standard, a

variance, or a site-specific rule from the Board or a permit issued by the Agency under the

“Brownfields” or “TACO” rules of 35 Ill. Adm. Code 740 or 742.. In its discussion of the

federal rules, USEPA cited orders issued pursuant to section 3008(h) of RCRA, 42 USC

6928(h), or section 106 of the Comprehensive Environmental Response, Compensation and

Liability Act, 42 USC 9606, as examples of enforceable documents. Notwithstanding the

existence of a federally-issued “enforceable document,” the owner or operator of a facility in

Illinois shall obtain State authorization of its alternative requirements by a permit duly issued by

the Agency. In incorporating the federal requirements into the Illinois regulations, the Board has

altered their language to reflect this aspect of Illinois law.

The Board will o

r the Agency shall establish alternative requirements for groundwater

monitoring and corrective action for releases to groundwater applicable to a regulated unit that

replace all or part of the requirements of 35 Ill. Adm. Code 724.191 through 724.200, as

provided under 35 Ill. Adm. Code 703.161, where the Board or Agency determines the

following:

The regulated unit is situated among solid waste management units (or areas of

concern), a release has occurred, and both the regulated unit and one or more solid waste

management units (or areas of concern) are likely to have contributed to the release; and

It is not necessary to apply the groundwater monitoring and corrective action

requirements of 35 Ill. Adm. Code 724.191 through 724.200 because alternative

requirements will adequately protect human health and the environment.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 724.201

Corrective Action for Solid Waste Management Units

The owner or operator of a facility seeking a permit for the treatment, storage,

or disposal of hazardous waste must institute correction action as necessary to

adequately

protect human health and the environment for all releases of hazardous

waste or constituents from any solid waste management unit at the facility,

regardless of the time at which waste was placed in such unit.

Corrective action will be specified in the permit in accordance with this Section

and Subpart S of this Part. The permit will contain schedules of compliance for

128

such corrective action (where such corrective action cannot be completed prior

to issuance of the permit) and assurances of financial responsibility for

completing such corrective action.

The owner or operator must shall implement corrective action measures beyond

the facility property boundary, where necessary to

adequately

protect human

health and the environment, unless the owner or operator demonstrates to the

Agency that, despite the owner or operator’s best efforts, the owner or operator

was unable to obtain the necessary permission to undertake such actions. The

owner and operator are not relieved of all responsibility to clean up a release

that has migrated beyond the facility boundary where off-site access is denied.

On-site measures to address such releases will be determined on a case-by-case

basis. Assurances of financial responsibility for such corrective action must be

provided.

The requirements of this Section do not apply to

remediation waste management sites unless they

are part of a facility subject to a permit for treating, storing, or disposing of hazardous wastes

that are not remediation wastes.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section 724.210

Applicability

Except as Section 724.101 provides otherwise:

Section 724.211 through 724.215 (which concern closure) apply to the owners

and operators of all hazardous waste management facilities; and

Sections 724.216 through 724.220 (which concern post-closure care) apply to

the owners and operators of:

All hazardous waste disposal facilities; or

Waste piles and surface impoundments from which the owner or

operator intends to remove the wastes at closure, to the extent that these

Sections are made applicable to such facilities in Sections 724.328 or

724.358; or

Tank systems which are required under Section 724.297 to meet the

requirements for landfills; or

Containment buildings that are required under Section 724.1102

to meet the requirements for landfills.

129

The Board will or the Agency shall establish alternative requirements that replace all or part of

the closure and post-closure care requirements of this Subpart G (and the unit-specific standards

referenced in Section 724.211(c) applying to a regulated unit), as provided under 35 Ill. Adm.

Code 703.161, where the Board or Agency determines the following:

The regulated unit is situated among solid waste management units (or areas of

concern), a release has occurred, and both the regulated unit and one or more solid waste

management units (or areas of concern) are likely to have contributed to the release; and

It is not necessary to apply the closure requirements of this Subpart G (and those

referenced herein) because the alternative requirements will adequately protect human

health and the environment and will satisfy the closure performance standard of Section

724.211 (a) and (b).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 724.212

Closure Plan; Amendment of Plan

Written Plan plan.

The owner or operator of a hazardous waste management facility shall

have a written closure plan. In addition, certain surface impoundments

and waste piles from which the owner or operator intends to remove or

decontaminate the hazardous waste at partial or final closure are required

by Sections 724.328(c)(1)(A) and 724.358(c)(1)(A) to have contingent

closure plans. The plan must be submitted with the permit application,

in accordance with 35 Ill. Adm. Code 703.183, and approved by the

Agency as part of the permit issuance proceeding under 35 Ill. Adm.

Code 705. In accordance with 35 Ill. Adm. Code 703.241, the

approved closure plan will become a condition of any RCRA permit.

The Agency’s approval of the plan must ensure that the approved closure

plan is consistent with Sections 724.211 through 724.215 and the

applicable requirements of Sections 724.190 et seq., 724.278, 724.297,

724.328, 724.358, 724.380, 724.410, 724.451 and 724.701, and

724.1102. Until final closure is completed and certified in accordance

with Section 724.215, a copy of the approved plan and approved

revisions must be furnished to the Agency upon request, including

requests by mail.

Content of plan. The plan must identify steps necessary to perform partial or

final closure of the facility at any point during its active life. The closure plan

must include, at least:

A description of how each hazardous waste management unit at the

facility will be closed in accordance with Section 724.211;

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A description of how final closure of the facility will be conducted in

accordance with Section 724.211. The description must identify the

maximum extent of the operations which will be unclosed during the

active life of the facility; and

An estimate of the maximum inventory of hazardous wastes ever on-site

over the active life of the facility and a detailed description of the

methods to be used during partial closures and final closure, including,

but not limited to, methods for removing, transporting, treating, storing,

or disposing of all hazardous wastes, and identification of the type(s) of

off-site hazardous waste management units to be used, if applicable; and

A detailed description of the steps needed to remove or decontaminate all

hazardous waste residues and contaminated containment system

components, equipment, structures, and soils during partial and final

closure, including, but not limited to, procedures for cleaning equipment

and removing contaminated soils, methods for sampling and testing

surrounding soils, and criteria for determining the extent of

decontamination required to satisfy the closure performance standard;

and

A detailed description of other activities necessary during the closure

period to ensure that all partial closures and final closure satisfy the

closure performance standards, including, but not limited to,

groundwater monitoring, leachate collection, and run-on and run-off

control; and

A schedule for closure of each hazardous waste management unit and for

final closure of the facility. The schedule must include, at a minimum,

the total time required to close each hazardous waste management unit

and the time required for intervening closure activities which will allow

tracking of the progress of partial and final closure. (For example, in

the case of a landfill unit, estimates of the time required to treat and

dispose of all hazardous waste inventory and of the time required to

place a final cover must be included.)

For facilities that use trust funds to establish financial assurance under

Section 724.243 or 724.245 and that are expected to close prior to the

expiration of the permit, an estimate of the expected year of final

closure.

For facilities where alternative requirements are established by the Board or Agency at a

regulated unit under Section 724.190(f), 724.210(d), or 724.240(d), as provided under

35 Ill. Adm. Code 703.161, either the alternative requirements applying to the regulated

unit or a reference to the Board order or Agency permit establishing those alternative

131

requirements.

Amendment of the plan. The owner or operator shall submit a written

notification of or request for a permit modification to authorize a change in

operating plans, facility design, or the approved closure plan in accordance with

the applicable procedures in 35 Ill. Adm. Code 702, 703 and 705. The written

notification or request must include a copy of the amended closure plan for

review or approval by the Agency.

The owner or operator may submit a written notification or request to

the Agency for a permit modification to amend the closure plan at any

time prior to notification of partial or final closure of the facility.

The owner or operator shall submit a written notification of or request

for a permit modification to authorize a change in the approved closure

plan whenever:

Changes in operating plans or facility design affect the closure

plan; or

There is a change in the expected year of closure, if applicable,

or;

In conducting partial or final closure activities, unexpected events

require modification of the approved closure plan.; or

The owner or operator requests the Board or Agency to establish alternative

requirements, as provided under 35 Ill. Adm. Code 703.161, to a regulated unit

under Sections 724.190(f), 724.210(c), or 724.240(d).

The owner or operator shall submit a written request for a permit

modification including a copy of the amended closure plan for approval

at least 60 days prior to the proposed change in the facility design or

operation, or no later than 60 days after an unexpected event has

occurred which has affected the closure plan. If an unexpected event

occurs during the partial or final closure period, the owner or operator

shall request a permit modification no later than 30 days after the

unexpected event. An owner or operator of a surface impoundment or

waste pile that intends to remove all hazardous waste at closure and is

not otherwise required to prepare a contingent closure plan under

Sections 724.328(c)(1)(A) or 724.358(c)(1)(A), shall submit an amended

closure plan to the Agency no later than 60 days after the date the owner

or operator or Agency determines that the hazardous waste management

unit must be closed as a landfill, subject to the requirements of Section

724.410, or no later than 30 days after that date if the determination is

made during partial or final closure. The Agency shall approve,

132

disapprove or modify this amended plan in accordance with the

procedures in 35 Ill. Adm. Code 702, 703 and 705. In accordance with

35 Ill. Adm. Code 702.160 and 703.241, the approved closure plan will

become a condition of any RCRA permit issued.

The Agency may request modifications to the plan under the conditions

described in Section 724.212(c)(2). The owner or operator shall submit

the modified plan within 60 days after the Agency’s request, or within

30 days if the change in facility conditions occurs during partial or final

closure. Any modifications requested by the Agency must be approved

in accordance with the procedures in 35 Ill. Adm. Code 702, 703 and

705.

Notification of partial closure and final closure.

The owner or operator shall notify the Agency in writing at least 60 days

prior to the date on which the owner or operator expects to begin closure

of a surface impoundment, waste pile, land treatment, or landfill unit, or

final closure of a facility with such a unit. The owner or operator shall

notify the Agency in writing at least 45 days prior to the date on which

the owner or operator expects to begin final closure of a facility with

only treatment or storage tanks, container storage, or incinerator units to

be closed. The owner or operator shall notify the Agency in writing at

least 45 days prior to the date on which the owner or operator expects to

begin partial or final closure of a boiler or industrial furnace, whichever

is earlier.

The date when the owner or operator “expects to begin closure” must be

either:

No later than 30 days after the date on which any hazardous

waste management unit receives the known final volume of

hazardous wastes or, if there is a reasonable possibility that the

hazardous waste management unit will receive additional

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of hazardous waste. If

the owner or operator of a hazardous waste management unit

demonstrates to the Agency that the hazardous waste management

unit or facility has the capacity to receive additional hazardous

wastes and that the owner or operator have taken, and will

continue to take, all steps to prevent threats to human health and

the environment, including compliance with all applicable permit

requirements, the Agency shall approve an extension to this one-

year limit. Or,

133

For units meeting the requirements of Section 724.213(d), no

later than 30 days after the date on which the hazardous waste

management unit receives the final known volume of non-

hazardous wastes, or, if there is a reasonable possibility that the

hazardous waste management unit will receive additional non-

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of non-hazardous

wastes. If the owner or operator demonstrates to the Agency that

the hazardous waste management unit has the capacity to receive

additional non-hazardous wastes and that the owner and operator

have taken, and will continue to take, all steps to prevent threats

to human health and the environment, including compliance with

all applicable permit requirements, the Agency shall approve an

extension to this one-year limit.

If the facility’s permit is terminated, or if the facility is otherwise

ordered, by judicial decree or Board order to cease receiving hazardous

wastes or to close, then the requirements of this subsection do not apply.

However, the owner or operator shall close the facility in accordance

with the deadlines established in Section 724.213.

Removal of wastes and decontamination or dismantling of equipment. Nothing

in this Section shall preclude the owner or operator from removing hazardous

wastes and decontaminating or dismantling equipment in accordance with the

approved partial or final closure plan at any time before or after notification of

partial or final closure.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 724.218

Post-closure Closure Care Plan; Amendment of Plan

Written Plan. The owner or operator of a hazardous waste disposal unit shall

have a written post-closure care plan. In addition, certain surface

impoundments and waste piles from which the owner or operator intends to

remove or decontaminate the hazardous wastes at partial or final closure are

required by Sections 724.328(c)(1)(B) and 724.358(c)(1)(B) to have contingent

post-closure care plans. Owners or operators of surface impoundments and

waste piles not otherwise required to prepare contingent post-closure care plans

under Sections 724.328(c)(1)(B) or 724.358(c)(1)(B) shall submit a post-closure

care plan to the Agency within 90 days from the date that the owner or operator

or Agency determines that the hazardous waste management unit must be closed

as a landfill, subject to the requirements of Sections 724.217 through 724.220.

The plan must be submitted with the permit application, in accordance with 35

Ill. Adm. Code 703.183, and approved by the Agency as part of the permit

issuance proceeding under 35 Ill. Adm. Code 705. In accordance with 35 Ill.

134

Adm. Code 703.241, the approved post-closure care plan will become a

condition of any RCRA permit issued.

For each hazardous waste management unit subject to the requirements of this

Section, the post-closure care plan must identify the activities that will be

carried on after closure and the frequency of these activities, and include at

least:

A description of the planned monitoring activities and frequencies which

they will be performed to comply with Subparts F, K, L, M, N, and X

during the post-closure care period;

A description of the planned maintenance activities, and frequencies at

which they will be performed, to ensure:

The integrity of the cap and final cover or other containment

systems in accordance with the requirements of Subparts F, K, L,

M, N, and X; and

The function of the facility monitoring equipment in accordance

with the requirements of Subparts F, K, L, M, N, and X; and.

The name, address, and phone number of the person or office to contact

about the hazardous disposal unit during the post-closure care period.

For a facility where the Board or the Agency has established alternative requirements at

a regulated unit under Section 724.190(f), 724.210(d), or 724.240(d), as provided under

35 Ill. Adm. Code 703.161, either the alternative requirements that apply to the

regulated unit, or a reference to the Board order or Agency permit establishing those

requirements.

Until final closure of the facility, a copy of the approved post-closure care plan

must be furnished to the Agency upon request, including request by mail. After

final closure has been certified, the person or office specified in subsection

(b)(3) shall keep the approved post-closure care plan during the remainder of the

post-closure care period.

Amendment of plan. The owner or operator shall submit a written notification

of or request for a permit modification to authorize a change in the approved

post-closure care plan in accordance with the applicable requirements of 35 Ill.

Adm. Code 703 and 705. The written notification or request must include a

copy of the amended post-closure care plan for review or approval by the

Agency.

The owner or operator may submit a written notification or request to

the Agency for a permit modification to amend the post-closure care plan

135

at any time during the active life of the facility or during the post-closure

care period.

The owner or operator shall submit a written notification of or request for a

permit modification to authorize a change in the approved post-closure care plan whenever any

of the following occurs:

Changes in operating plans or facility design affect the post-

closure care plan; or

There is a change in the expected year of closure if applicable; or

Events occur during the active life of the facility, including

partial and final closures, which affect the approved post-closure

care plan.; or

The owner or operator requests the Board or Agency to establish alternative

requirements to a regulated unit under Sections 724.190(f), 724.210(c), or

724.240(d).

The owner or operator shall submit a written request for a permit

modification at least 60 days prior to the proposed change in facility

design or operation, or no later than 60 days after an unexpected event

has occurred which has affected the post-closure care plan. An owner or

operator of a surface impoundment or waste pile that intends to remove

all hazardous waste at closure and is not otherwise required to submit a

contingent post-closure care plan under Sections 724.328(c)(1)(B) or

724.358(c)(1)(B) shall submit a post-closure care plan to the Agency no

later than 90 days after the date that the owner or operator or Agency

determines that the hazardous waste management unit must be closed as

a landfill, subject to the requirements of Section 724.410. The Agency

shall approve, disapprove, or modify this plan in accordance with the

procedure in 35 Ill. Adm. Code 703 and 705. In accordance with 35 Ill.

Adm. Code 703.241, the approved post-closure care plan will become a

permit condition.

The Agency may request modifications to the plan under the conditions

described in subsection (d)(2). The owner or operator shall submit the

modified plan no later than 60 days after the request, or no later than 90

days if the unit is a surface impoundment or waste pile not previously

required to prepare a contingent post-closure care plan. Any

modifications requested by the Agency shall be approved, disapproved

or modified in accordance with the procedure in 35 Ill. Adm. Code 703

and 705.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

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SUBPART H: FINANCIAL REQUIREMENTS

Section 724.240

Applicability

The requirements of Sections 724.242, 724.243 and 724.247 through 724.251

apply to owners and operators of all hazardous waste facilities, except as

provided otherwise in this Section or in Section 724.101.

The requirements of Sections 724.244 and 724.245 apply only to owners and

operators of:

Disposal facilities; or

Piles, and surface impoundments from which the owner or operator

intends to remove the wastes at closure, to the extent that these Sections

are made applicable to such facilities in Sections 724.328 and 724.358;

Tank systems which are required under Section 724.297 to meet the

requirements for landfills; or

Containment buildings that are required under Section 724.1102 to meet

the requirements for landfills.

States and Federal government are exempt from the requirements of this

Subpart.

The Board will establis

h alternative requirements that replace all or part of the financial

assurance requirements of Subpart H of this Part applying to a regulated unit, as provided in 35

Ill. Adm. Code 703.161, where the Board has done the following:

The Board has established alternative requirements for the regulated unit established

under Section 724.190(f) or Section 724.210(d); and

The Board determines that it is not necessary to apply the financial assurance

requirements of Subpart H of this Part because the alternative financial assurance

requirements will adequately protect human health and the environment.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

137

SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE

MANAGEMENT UNITS

Section 724.652

Corrective Action Management Units

For the purpose of implementing To implement remedies under Section 724.201

or RCRA Section 3008(h),

or to implement remedies at a permitted facility that is not

subject to Section 724.201,

the Agency may designate an area at the facility as a

corrective action management unit, as defined in 35 Ill. Adm. Code 720.10

720.110, in accordance with the requirements of this Section.

A CAMU must be

located within the contiguous property under the control of the owner or operator where the

wastes to be managed in the CAMU originated.

One or more CAMUs may be

designated at a facility.

Placement of remediation wastes into or within a CAMU does not

constitute land disposal of hazardous wastes.

Consolidation or placement of remediation wastes into or within a

CAMU does not constitute creation of a unit subject to minimum

technology requirements.

Designation of a CAMU.

The Agency may designate a regulated unit (as defined in Section

724.190(a)(2)) as a CAMU, or it may incorporate a regulated unit into a

CAMU, if:

The regulated unit is closed or closing, meaning it has begun the

closure process under Section 724.213 or 35 Ill. Adm. Code

725.213; and

Inclusion of the regulated unit will enhance implementation of

effective, protective, and reliable remedial actions for the facility.

The requirements of Subparts F, G, and H and the unit-specific

requirements of this Part or the 35 Ill. Adm. Code 725 requirements that

applied to that regulated unit will continue to apply to that portion of the

CAMU after incorporation into the CAMU.

The Agency shall designate a CAMU in accordance with the following factors:

The CAMU shall facilitate the implementation of reliable, effective,

protective, and cost-effective remedies;

Waste management activities associated with the CAMU shall not create

138

unacceptable risks to humans or to the environment resulting from

exposure to hazardous wastes or hazardous constituents;

The CAMU shall include uncontaminated areas of the facility only if

including such areas for the purpose of managing remediation waste is

more protective than managing such wastes at contaminated areas of the

facility;

Areas within the CAMU where wastes remain in place after its closure

shall be managed and contained so as to minimize future releases to the

extent practicable;

The CAMU shall expedite the timing of remedial activity

implementation, when appropriate and practicable;

The CAMU shall enable the use, when appropriate, of treatment

technologies (including innovative technologies) to enhance the long-

term effectiveness of remedial actions by reducing the toxicity, mobility,

or volume of wastes that will remain in place after closure of the

CAMU; and

The CAMU shall, to the extent practicable, minimize the land area of

the facility upon which wastes will remain in place after closure of the

CAMU.

The owner or operator shall provide sufficient information to enable the Agency

to designate a CAMU in accordance with the standards of this Section.

The Agency shall specify in the permit the requirements applicable to a CAMU,

including the following:

The areal configuration of the CAMU.

Requirements for remediation waste management, including the

specification of applicable design, operation, and closure requirements.

Requirements for groundwater monitoring that are sufficient to:

Continue to detect and to characterize the nature, extent,

concentration, direction, and movement of existing releases of

hazardous constituents in groundwater from sources located

within the CAMU; and

Detect and subsequently characterize releases of hazardous

constituents to groundwater that may occur from areas of the

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CAMU in which wastes will remain in place after closure of the

CAMU.

Closure and post-closure care requirements.

Closure of a CAMU shall:

Minimize the need for further maintenance; and

ii)

Control, minimize, or eliminate, to the extent necessary to

adequately

protect human health and the environment, for

areas where wastes remain in place, post-closure escape of

hazardous waste, hazardous constituents, leachate,

contaminated runoff, or hazardous waste decomposition

products to the ground, to surface waters, or to the

atmosphere.

Requirements for closure of a CAMU shall include the following,

as appropriate:

Requirements for excavation, removal, treatment, or

containment of wastes;

ii)

For areas in which wastes will remain after closure of the

CAMU, requirements for the capping of such areas; and

iii)

Requirements for the removal and decontamination of

equipment, devices, and structures used in remediation

waste management activities within the CAMU.

In establishing specific closure requirements for a CAMU under

this subsection, the Agency shall consider the following factors:

The characteristics of the CAMU;

ii)

The volume of wastes that remain in place after closure;

iii)

The potential for releases from the CAMU;

iv)

The physical and chemical characteristics of the waste;

The hydrological and other relevant environmental

conditions at the facility that may influence the migration

of any potential or actual releases; and

140

vi)

The potential for exposure of humans and environmental

receptors if releases were to occur from the CAMU.

Post-closure care requirements as necessary to

adequately

protect

human health and the environment, including, for areas where

wastes will remain in place, monitoring, and maintenance

activities and the frequency with which such activities shall be

performed to ensure the integrity of any cap, final cover, or other

containment system.

The Agency shall document the rationale for designating the CAMU and shall

make such documentation available to the public.

Incorporation of a CAMU into an existing permit must be approved by the

Agency according to the procedures for Agency-initiated permit modifications

under 35 Ill. Adm. Code 703.270 through 703.273 or according to the permit

modification procedures of 35 Ill. Adm. Code 703.283.

The designation of a CAMU does not change the Agency’s existing authority to

address clean-up levels, media-specific points of compliance to be applied to

remediation at a facility, or other remedy selection decisions.

BOARD NOTE: Derived from 40 CFR 264.552 (1992), as added at 58 Fed. Reg. 8683 (Feb.

16, 1993). U.S. EPA USEPA promulgated this provision pursuant to HSWA provisions of

RCRA Subtitle C. Since the federal provision became immediately effective in Illinois, and

until U.S. EPA USEPA authorizes this Illinois provision, an owner or operator must seek

CAMU authorization from U.S. EPA USEPA Region V, as well as authorization from the

Agency under this provision.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 724.653

Temporary Units

For temporary tanks and container storage areas used for treatment or storage of

to treat or store hazardous remediation wastes, during remedial activities

required under Section 724.201 or RCRA section 3008(h),

or at a permitted facility

that is not subject to Section 724.201,

the Agency shall establish alternative

requirements pursuant to this Section if it determines that a design, operating, or

closure standard applicable to such units may be replaced by alternative

requirements that is equally as protective of human health and the environment

as would be the standards of this Part or of 35 Ill. Adm. Code 725, if applied.

may designate a unit at the facility as a temporary unit. A temporary unit must be located within

the contiguous property under the control of the owner or operator where the wastes to be

managed in the temporary unit originated. For temporary units, the Agency may replace the

design, operating, or closure standards applicable to these units under this Part 724 or 35 Ill.

Adm. Code 725 with alternative requirements that adequately protect human health and the

141

environment.

Any temporary unit to which alternative requirements are applied in accordance

with subsection (a) shall be:

Located within the facility boundary; and

Used only for treatment or storage of remediation wastes.

In establishing alternative requirements to be applied to a temporary unit, the

Agency shall consider the following factors:

The length of time such unit will be in operation;

The type of unit;

The volumes of wastes to be managed;

The physical and chemical characteristics of the wastes to be managed in

the unit;

The potential for releases from the unit;

The hydrogeological and other relevant environmental conditions at the

facility that may influence the migration of any potential releases; and

The potential for exposure of humans and environmental receptors if

releases were to occur from the unit.

The Agency shall specify in the permit the length of time a temporary unit will

be allowed to operate, which shall be no longer than one year. The Agency

shall also specify the design, operating, and closure requirements for the unit.

The Agency may extend the operational period of a temporary unit once, for no

longer than a period of one year beyond that originally specified in the permit,

if the Agency determines that:

Continued operation of the unit will not pose a threat to human health

and the environment; and

Continued operation of the unit is necessary to ensure timely and

efficient implementation of remedial actions at the facility.

Incorporation of a temporary unit or a time extension for a temporary unit into

an existing permit shall be:

142

Approved in accordance with the procedures for Agency-initiated permit

modifications under 35 Ill. Adm. Code 703.270 through 703.273; or

Requested by the owner/operator as a Class 2 modification according to

the procedures under 35 Ill. Adm. Code 703.283.

The Agency shall document the rationale for designating a temporary unit and

for granting time extensions for temporary units and shall make such

documentation available to the public.

BOARD NOTE: Derived from 40 CFR 264.553 (1992), as added at 58 Fed. Reg. 8684 (Feb.

16, 1993). U.S. EPA USEPA promulgated this provision pursuant to HSWA provisions of

RCRA Subtitle C. Since the federal provision became immediately effective in Illinois, and

until U.S. EPA USEPA authorizes this Illinois provision, an owner or operator must seek TU

authorization from U.S. EPA USEPA Region V, as well as authorization from the Agency

under this provision.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 724.654

Staging Piles

This Section is written in a special format to make it easier to understand the regulatory requirements. Like all

other regulations, this Section establishes enforceable legal requirements.

What is a staging pile? A staging pile is an accumulation of solid, non-flowing

remediation

waste (as defined in 35 Ill. Adm. Code 720.110) that is not a containment building and which is

used only during remedial operations for temporary storage at a facility. A staging pile must be

located within the contiguous property under the control of the owner or operator where the

wastes to be managed in the staging pile originated. Staging piles must be designated by the

Agency in according to the requirements in this Section.

When may an owner or operator use a staging pile? An owner or operator may use a staging p

ile

to store hazardous remediation waste (or remediation waste otherwise subject to land disposal

restrictions) only if an owner or operator follows the standards and design criteria the Agency has

designated for that staging pile. The Agency shall designate the staging pile in a permit or, at an

interim status facility, in a closure plan or order (consistent with 35 Ill. Adm. Code

703.155(a)(5) and (b)(5)). The Agency shall establish conditions in the permit, closure plan, or

order that comply with subsections (d) through (k) of this Section.

What information must an owner or operator provide to get a staging pile designated? When

seeking a staging pile designation, an owner or operator shall provide:

Sufficient and accurate information to enable the Agency to impose standards and

design criteria for the facility’s staging pile according to subsections (d) through (k) of

this Section;

Certification by an independent, qualified, registered professional engineer for technical

data, such as design drawings and specifications, and engineering studies, unless the

143

Agency determines, based on information that an owner or operator provides, that this

certification is not necessary to ensure that a staging pile will adequately protect human

health and the environment; and

Any additional information the Agency determines is necessary to adequately protect

human health and the environment.

What performance criteria must a staging pile satisfy? The Agency shall establish the standards

and design criteria for the staging pile in the permit, closure plan, or order.

The standards and design criteria must comply with the following:

The staging pile must facilitate a reliable, effective, and protective remedy;

The staging pile must be designed so as to prevent or minimize releases of

hazardous wastes and hazardous constituents into the environment, and

minimize or adequately control cross-media transfer, as necessary to adequately

protect human health and the environment (for example, through the use of

liners, covers, or run-off/run-on controls, as appropriate); and

The staging pile must not operate for more than two years, except when the

Agency grants an operating term extension under subsection (i) of this Section

(entitled “May an owner or operator receive an operating extension for a

staging pile?”). An owner or operator shall measure the two-year limit, or

other operating term specified by the Agency in the permit, closure plan, or

order, from the first time an owner or operator places remediation waste into a

staging pile. An owner or operator shall maintain a record of the date when it

first placed remediation waste into the staging pile for the life of the permit,

closure plan, or order or for three years, whichever is longer.

In setting the standards and design criteria, the Agency shall consider the following

factors:

The length of time the pile will be in operation;

The volumes of wastes the owner or operator intends to store in the pile;

The physical and chemica

l characteristics of the wastes to be stored in the unit;

The potential for releases from the unit;

The

hydrogeological and other relevant environmental conditions at the facility

that may influence the migration of any potential releases; and

The potential for human and environmental exposure to potential releases from

the unit;

May a staging pile receive ignitable or reactive

remediation waste? An owner or operator shall

not place ignitable or reactive remediation waste in a staging pile unless:

The owner or operator has treated, rendered or mixed the

remediation waste before it

placed the waste in the staging pile so that the following is true of the waste:

144

The

remediation waste no longer meets the definition of ignitable or reactive

under 35 Ill. Adm. Code 721.121 or 721.123; and

The owner or operator has complied with Section 724.117(b); or

An owner or operator manages the

remediation waste to protect it from exposure to any

material or condition that may cause it to ignite or react.

How does an owner or operator handle incompatible

remediation wastes in a staging pile? The

term “incompatible waste” is defined in 35 Ill. Adm. Code 720.110. An owner or operator shall

comply with the following requirements for incompatible wastes in staging piles:

An owner or operator shall not place incompatible

remediation wastes in the same

staging pile unless an owner or operator has complied with Section 724.117(b);

remediation waste in a staging pile is incompatible with any waste or material stored

nearby in containers, other piles, open tanks, or land disposal units (for example,

surface impoundments), an owner or operator shall separate the incompatible materials,

or protect them from one another by using a dike, berm, wall

or other device; and

An owner or operator shall not pile

remediation waste on the same base where

incompatible wastes or materials were previously piled, unless the base has been

decontaminated sufficiently to comply with Section 724.117(b).

Are staging piles subject to Land Disposal Restrictions (LDR) and federal Minimum

Technological Requirements (MTR)? No. Placing hazardous remediation wastes into a staging

pile does not constitute land disposal of hazardous wastes or create a unit that is subject to the

federal minimum technological requirements of RCRA 3004(o), 42 USC 6924(o).

How long may an owner or operator operate a staging pile? The Agency may allow a staging

pile to operate for up to two years after hazardous redemption waste is first placed into the pile.

An owner or operator shall use a staging pile no longer than the length of time designated by the

Agency in the permit, closure plan, or order (the “operating term”), except as provided in

subsection (i) of this Section.

May an owner or operator receive an operating extension for a staging pile?

The Agency may grant one operating term extension of up to 180 days beyond the

operating term limit contained in the permit, closure plan, or order (see subsection (l) of

this Section for modification procedures). To justify the need for an extension, an owner

or operator shall provide sufficient and accurate information to enable the Agency to

determine that the following is true of continued operation of the staging pile:

Continued operation will not pose a threat to human health and the

environment; and

Continued operation is necessary to ensure timely and efficient implementation

of remedial actions at the facility.

The Agency shall, as a condition of the exte

nsion, specify further standards and design

criteria in the permit, closure plan, or order, as necessary, to ensure protection of human

145

health and the environment.

What is the closure requirement for a staging pile located in a previously contaminated area?

Within 180 days after the operating term of the staging pile expires, an owner or

operator shall close a staging pile located in a previously contaminated area of the site

by removing or decontaminating all of the following:

Remediation waste;

Contaminated containment system components; and

Structures and equipment contaminated with waste and

leachate.

An owner or operator shall also decontaminate contaminated

subsoils in a manner and

according to a schedule that the Agency determines will adequately protect human

health and the environment.

The Agency shall include the above requirements in the permit, closure plan, or order in

which the staging pile is designated.

What is the closure requirement for a staging pile located

in an uncontaminated area?

Within 180 days after the operating term of the staging pile expires, an owner or

operator shall close a staging pile located in an uncontaminated area of the site

according to Sections 724.358(a) and 724.211 or according to 35 Ill. Adm. Code

725.358(a) and 725.211.

The Agency shall include the above requirement in the permit, closure plan, or order in

which the staging pile is designated.

How may a existing permit (for example, RAP), closure plan, or order be modified

to allow an

owner or operator to use a staging pile?

To modify a permit, other than a RAP, to incorporate a staging pile or staging pile

operating term extension, either of the following must occur:

The Agency shall approve the modification under the procedures for Agency-

initiated permit modifications in 35 Ill. Adm. Code 703.270 through 703.273;

An owner or operator shall request a Class 2 modification under 35 Ill. Adm.

Code 703.280 through 703.283.

To modify a RAP to incorporate a st

aging pile or staging pile operating term extension,

an owner or operator shall comply with the RAP modification requirements under 35 Ill.

Adm. Code 703.304(a) and (b).

To modify a closure plan to incorporate a staging pile or staging pile operating term

extension, an owner or operator shall follow the applicable requirements under Section

724.212(c) or 35 Ill. Adm. Code 725.212(c).

146

To modify an order to incorporate a staging pile or staging pile operating term

extension, an owner or operator shall follow the terms of the order and the applicable

provisions of 35 Ill. Adm. Code 703.155(a)(5) or (b)(5).

Is information about the staging pile available to the public? The Agency shall document the

rationale for designating a staging pile or staging pile operating term extension and make this

documentation available to the public.

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 725

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL

FACILITIES

SUBPART A: GENERAL PROVISIONS

Section

725.101

Purpose, Scope, and Applicability

725.104

Imminent Hazard Action

SUBPART B: GENERAL FACILITY STANDARDS

Section

725.110

Applicability

725.111

USEPA Identification Number

725.112

Required Notices

725.113

General Waste Analysis

725.114

Security

725.115

General Inspection Requirements

725.116

Personnel Training

725.117

General Requirements for Ignitable, Reactive, or Incompatible Wastes

725.118

Location Standards

725.119

Construction Quality Assurance Program

SUBPART C: PREPAREDNESS AND PREVENTION

Section

725.130

Applicability

725.131

Maintenance and Operation of Facility

725.132

Required Equipment

725.133

Testing and Maintenance of Equipment

725.134

Access to Communications or Alarm System

147

725.135

Required Aisle Space

725.137

Arrangements with Local Authorities

SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

725.150

Applicability

725.151

Purpose and Implementation of Contingency Plan

725.152

Content of Contingency Plan

725.153

Copies of Contingency Plan

725.154

Amendment of Contingency Plan

725.155

Emergency Coordinator

725.156

Emergency Procedures

SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND

REPORTING

Section

725.170

Applicability

725.171

Use of Manifest System

725.172

Manifest Discrepancies

725.173

Operating Record

725.174

Availability, Retention and Disposition of Records

725.175

Annual Report

725.176

Unmanifested Waste Report

725.177

Additional Reports

SUBPART F: GROUNDWATER MONITORING

Section

725.190

Applicability

725.191

Groundwater Monitoring System

725.192

Sampling and Analysis

725.193

Preparation, Evaluation and Response

725.194

Recordkeeping and Reporting

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section

725.210

Applicability

725.211

Closure Performance Standard

725.212

Closure Plan; Amendment of Plan

725.213

Closure; Time Allowed for Closure

725.214

Disposal or Decontamination of Equipment, Structures and Soils

725.215

Certification of Closure

725.216

Survey Plat

725.217

Post-closure Care and Use of Property

725.218

Post-closure Closure Care Plan; Amendment of Plan

725.219

Post-Closure Notices

148

725.220

Certification of Completion of Post-Closure Care

725.221

Alternative Post-Closure Care Requirements

SUBPART H: FINANCIAL REQUIREMENTS

Section

725.240

Applicability

725.241

Definitions of Terms as Used in this Subpart

725.242

Cost Estimate for Closure

725.243

Financial Assurance for Closure

725.244

Cost Estimate for Post-closure Care

725.245

Financial Assurance for Post-closure Monitoring and Maintenance

725.246

Use of a Mechanism for Financial Assurance of Both Closure and Post-closure

Care

725.247

Liability Requirements

725.248

Incapacity of Owners or Operators, Guarantors or Financial Institutions

725.251

Promulgation of Forms (Repealed)

SUBPART I: USE AND MANAGEMENT OF CONTAINERS

Section

725.270

Applicability

725.271

Condition of Containers

725.272

Compatibility of Waste with Container

725.273

Management of Containers

725.274

Inspections

725.276

Special Requirements for Ignitable or Reactive Waste

725.277

Special Requirements for Incompatible Wastes

725.278

Air Emission Standards

SUBPART J: TANK SYSTEMS

Section

725.290

Applicability

725.291

Assessment of Existing Tank System’s Integrity

725.292

Design and Installation of New Tank Systems or Components

725.293

Containment and Detection of Releases

725.294

General Operating Requirements

725.295

Inspections

725.296

Response to leaks or spills and disposition of Tank Systems

725.297

Closure and Post-Closure Care

725.298

Special Requirements for Ignitable or Reactive Waste

725.299

Special Requirements for Incompatible Wastes

725.300

Waste Analysis and Trial Tests

725.301

Generators of 100 to 1000 Kilograms of Hazardous Waste Per Month

725.302

Air Emission Standards

149

SUBPART K: SURFACE IMPOUNDMENTS

Section

725.320

Applicability

725.321

Design and Operating Requirements

725.322

Action Leakage Rate

725.323

Response Actions

725.324

Containment System

725.325

Waste Analysis and Trial Tests

725.326

Monitoring and Inspections

725.328

Closure and Post-closure Closure Care

725.329

Special Requirements for Ignitable or Reactive Waste

725.330

Special Requirements for Incompatible Wastes

725.331

Air Emission Standards

SUBPART L: WASTE PILES

Section

725.350

Applicability

725.351

Protection from Wind

725.352

Waste Analysis

725.353

Containment

725.354

Design and Operating Requirements

725.355

Action Leakage Rates

725.356

Special Requirements for Ignitable or Reactive Waste

725.357

Special Requirements for Incompatible Wastes

725.358

Closure and

Post-closure

Care

725.359

Response Actions

725.360

Monitoring and Inspection

SUBPART M: LAND TREATMENT

Section

725.370

Applicability

725.372

General Operating Requirements

725.373

Waste Analysis

725.376

Food Chain Crops

725.378

Unsaturated Zone (Zone of Aeration) Monitoring

725.379

Recordkeeping

725.380

Closure and Post-closure

725.381

Special Requirements for Ignitable or Reactive Waste

725.382

Special Requirements for Incompatible Wastes

SUBPART N: LANDFILLS

Section

725.400

Applicability

725.401

Design Requirements

725.402

Action Leakage Rate

150

725.403

Response Actions

725.404

Monitoring and Inspection

725.409

Surveying and Recordkeeping

725.410

Closure and Post-

closure

725.412

Special Requirements for Ignitable or Reactive Waste

725.413

Special Requirements for Incompatible Wastes

725.414

Special Requirements for Liquid Wastes

725.415

Special Requirements for Containers

725.416

Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab

Packs)

SUBPART O: INCINERATORS

Section

725.440

Applicability

725.441

Waste Analysis

725.445

General Operating Requirements

725.447

Monitoring and Inspection

725.451

Closure

725.452

Interim Status Incinerators Burning Particular Hazardous Wastes

SUBPART P: THERMAL TREATMENT

Section

725.470

Other Thermal Treatment

725.473

General Operating Requirements

725.475

Waste Analysis

725.477

Monitoring and Inspections

725.481

Closure

725.482

Open Burning; Waste Explosives

725.483

Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste

SUBPART Q: CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT

Section

725.500

Applicability

725.501

General Operating Requirements

725.502

Waste Analysis and Trial Tests

725.503

Inspections

725.504

Closure

725.505

Special Requirements for Ignitable or Reactive Waste

725.506

Special Requirements for Incompatible Wastes

SUBPART R: UNDERGROUND INJECTION

Section

725.530

Applicability

151

SUBPART W: DRIP PADS

Section

725.540

Applicability

725.541

Assessment of existing drip pad integrity

725.542

Design and installation of new drip pads

725.543

Design and operating requirements

725.544

Inspections

725.545

Closure

SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS

Section

725.930

Applicability

725.931

Definitions

725.932

Standards: Process Vents

725.933

Standards: Closed-Vent Systems and Control Devices

725.934

Test methods and procedures

725.935

Recordkeeping Requirements

SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

Section

725.950

Applicability

725.951

Definitions

725.952

Standards: Pumps in Light Liquid Service

725.953

Standards: Compressors

725.954

Standards: Pressure Relief Devices in Gas/Vapor Service

725.955

Standards: Sampling Connecting Systems

725.956

Standards: Open-ended Valves or Lines

725.957

Standards: Valves in Gas/Vapor or Light Liquid Service

725.958

Standards: Pumps, Valves, Pressure Relief Devices, Flanges and other

Connectors

725.959

Standards: Delay of Repair

725.960

Standards: Closed-vent Systems and Control Devices

725.961

Percent Leakage Alternative for Valves

725.962

Skip Period Alternative for Valves

725.963

Test Methods and Procedures

725.964

Recordkeeping Requirements

SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE

IMPOUNDMENTS, AND CONTAINERS

Section

725.980

Applicability

725.981

Definitions

725.982

Schedule for Implementation of Air Emission Standards

725.983

Standards: General

725.984

Waste Determination Procedures

152

725.985

Standards: Tanks

725.986

Standards: Surface Impoundments

725.987

Standards: Containers

725.988

Standards: Closed-Vent Systems and Control Devices

725.989

Inspection and Monitoring Requirements

725.990

Recordkeeping Requirements

725.991

Alternative Tank Emission Control Requirements (Repealed)

SUBPART DD: CONTAINMENT BUILDINGS

Section

725.1100

Applicability

725.1101

Design and operating standards

725.1102

Closure and Post Closure-Care

SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES

STORAGE

Section

725.1200

Applicability

725.1201

Design and Operating Standards

725.1202

Closure and Post-Closure Care

725.Appendix A

Recordkeeping Instructions

725.Appendix B

EPA Report Form and Instructions (Repealed)

725.Appendix C

EPA Interim Primary Drinking Water Standards

725.Appendix D

Tests for Significance

725.Appendix E

Examples of Potentially Incompatible Waste

725.Appendix F

Compounds With Henry’s Law Constant Less Than 0.1 Y/X (at 25°C)

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982; amended and codified

in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18, 51 PCB 831, at 7 Ill.

Reg. 2518, effective February 22, 1983; amended in R82-19, 53 PCB 131, at 7 Ill. Reg. 14034, effective October

12, 1983; amended in R84-9, at 9 Ill. Reg. 11869, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg.

1085, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective August 12, 1986; amended in

R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13489, effective

August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19338, effective November 10, 1987; amended in R87-26 at 12

Ill. Reg. 2485, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988;

amended in R88-16 at 13 Ill. Reg. 437, effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18354,

effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August 22, 1990; amended in

R90-10 at 14 Ill. Reg. 16498, effective September 25, 1990; amended in R90-11 at 15 Ill. Reg. 9398, effective

June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534, effective October 1, 1991; amended in R91-13 at 16 Ill.

Reg. 9578, effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17672, effective November 6, 1992; amended

in R92-10 at 17 Ill. Reg. 5681, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20620, effective

November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6771, effective April 26, 1994; amended in R94-7 at 18

Ill. Reg. 12190, effective July 29, 1994; amended in R94-17 at 18 Ill. Reg. 17548, effective November 23, 1994;

amended in R95-6 at 19 Ill. Reg. 9566, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11078,

153

effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 369, effective December 16, 1997;

amended in R98-12 at 22 Ill. Reg. 7620, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill.

Reg. 17620, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1850, effective

January 19, 1999; a

mended at 23 Ill. Reg. ________, effective ______________________

SUBPART A: GENERAL PROVISIONS

Section 725.101

Purpose, Scope

and Applicability

The purpose of this Part is to establish minimum standards that define the

acceptable management of hazardous waste during the period of interim status

and until certification of final closure or, if the facility is subject to post-closure

care requirements, until post-closure care responsibilities are fulfilled.

Except as provided in Section 725.980(b), the standards in this Part and 35 Ill.

Adm. Code 724.652 and 724.653 through 724.654 apply to owners and

operators of facilities that treat, store, or dispose of hazardous waste that have

fully complied with the requirements for interim status under Section 3005(e) of

the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.)

and 35 Ill. Adm. Code 703, until either a permit is issued under Section 3005 of

the Resource Conservation and Recovery Act or Section 21(f) of the

Environmental Protection Act, or until applicable closure and post-closure care

responsibilities under this Part are fulfilled, and to those owners and operators

of facilities in existence on November 19, 1980, that have failed to provide

timely notification as required by Section 3010(a) of RCRA or that have failed

to file Part A of the Permit Application, as required by 40 CFR 270.10(e) and

(g) or 35 Ill. Adm. Code 703.150 and 703.152. These standards apply to all

treatment, storage, or disposal of hazardous waste at these facilities after

November 19, 1980, except as specifically provided otherwise in this Part or 35

Ill. Adm. Code 721.

BOARD NOTE: As stated in Section 3005(a) of RCRA, after the effective date

of regulations under that Section (i.e., 40 CFR 270 and 124) the treatment,

storage, or disposal of hazardous waste is prohibited except in accordance with

a permit. Section 3005(e) of RCRA provides for the continued operation of an

existing facility that meets certain conditions until final administrative

disposition of the owner’s and operator’s permit application is made. 35 Ill.

Adm. Code 703.140 et seq. provide that a permit is deemed issued under

Section 21(f)(1) of the Environmental Protection Act under conditions similar to

federal interim status.

The requirements of this Part do not apply to:

A person disposing of hazardous waste by means of ocean disposal

subject to a permit issued under the Marine Protection, Research and

154

Sanctuaries Act (16 U.S.C. 1431-1434; 33 U.S.C. 1401);

BOARD NOTE: This Part applies to the treatment or storage of

hazardous waste before it is loaded into an ocean vessel for incineration

or disposal at sea, as provided in subsection (b) of this Section.

This subsection corresponds with 40 CFR 265.1(c)(2), marked

“reserved” by USEPA. This statement maintains structural consistency

with USEPA rules;

The owner or operator of a POTW (publicly owned treatment works)

that treats, stores, or disposes of hazardous waste;

BOARD NOTE: The owner or operator of a facility under subsections

(c)(1) and (c)(3) is subject to the requirements of 35 Ill. Adm. Code 724

to the extent they are included in a permit by rule granted to such a

person under 35 Ill. Adm. Code 702 and 703 or are required by 35 Ill.

Adm. Code 704.Subpart F.

This subsection corresponds with 40 CFR 265.1(c)(4), which pertains

exclusively to the applicability of the federal regulations in authorized

states. There is no need for a parallel provision in the Illinois

regulations. This statement maintains structural consistency with

USEPA rules;

The owner or operator of a facility permitted, licensed, or registered by

Illinois to manage municipal or industrial solid waste, if the only

hazardous waste the facility treats, stores, or disposes of is excluded

from regulation under this Part by 35 Ill. Adm. Code 721.105;

The owner or operator of a facility managing recyclable materials

described in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4), except to

the extent that requirements of this Part are referred to in 35 Ill. Adm.

Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739;

A generator accumulating waste on-site in compliance with 35 Ill. Adm.

Code 722.134, except to the extent the requirements are included in 35

Ill. Adm. Code 722.134;

A farmer disposing of waste pesticides from the farmer’s own use in

compliance with 35 Ill. Adm. Code 722.170;

The owner or operator of a totally enclosed treatment facility, as defined

in 35 Ill. Adm. Code 720.110;

155

10)

The owner or operator of an elementary neutralization unit or a

wastewater treatment unit as defined in 35 Ill. Adm. Code 720.110,

provided that if the owner or operator is diluting hazardous ignitable

(D001) wastes (other than the D001 High TOC Subcategory defined in

35 Ill. Adm. Code 728.Table T) or reactive (D003) waste in order to

remove the characteristic before land disposal, the owner or operator

must shall comply with the requirements set out in Section 725.117(b);

11)

Immediate response:

Except as provided in subsection (c)(11)(B) of this Section, a

person engaged in treatment or containment activities during

immediate response to any of the following situations:

A discharge of a hazardous waste;

ii)

An imminent and substantial threat of a discharge of a

hazardous waste;

iii)

A discharge of a material that becomes a hazardous waste

when discharged; or

iv)

An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material,

or an explosive device, as determined by an explosives or

munitions emergency response specialist as defined in 35

Ill. Adm. Code 720.110.

An owner or operator of a facility otherwise regulated by this

Part must shall comply with all applicable requirements of

725.Subparts C and D.

Any person that is covered by subsection (c)(11)(A) of this

Section that continues or initiates hazardous waste treatment or

containment activities after the immediate response is over is

subject to all applicable requirements of this Part and 35 Ill.

Adm. Code 702, 703, and 705 for those activities;

In the case of an explosives or munitions emergency response, if

a federal, state, or local official acting within the scope of his or

her official responsibilities or an explosives or munitions

emergency response specialist determines that immediate removal

of the material or waste is necessary to

adequately

protect human

health or the environment, that official or specialist may

156

authorize the removal of the material or waste by transporters

who that do not have USEPA identification numbers and without

the preparation of a manifest. In the case of emergencies

involving military munitions, the responding military emergency

response specialist’s organizational unit shall retain records for

three years identifying the dates of the response, the responsible

persons responding, the type and description of material

addressed, and its disposition;

12)

A transporter storing manifested shipments of hazardous waste in

containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a

transfer facility for a period of ten days or less;

13)

The addition of absorbent material to waste in a container (as defined in

35 Ill. Adm. Code 720.110) or the addition of waste to the absorbent

material in a container, provided that these actions occur at the time that

the waste is first placed in the containers and Sections 725.117(b),

725.271, and 725.272 are complied with;

14)

A universal waste handler or universal waste transporter (as defined in

35 Ill. Adm. Code 720.110) that handles any of the wastes listed below

is subject to regulation under 35 Ill. Adm. Code 733 when handling the

following universal wastes:

Batteries, as described in 35 Ill. Adm. Code 733.102;

Pesticides, as described in 35 Ill. Adm. Code 733.103;

Thermostats, as described in 35 Ill. Adm. Code 733.104 and; and

Mercury-containing lamps, as described in 35 Ill. Adm. Code

733.107.

BOARD NOTE: Subsection (c)(14)(D) of this Section was added

pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see

P.A. 90-502, effective August 19, 1997).

The following hazardous wastes must not be managed at facilities subject to

regulation under this Part: hazardous waste numbers F020, F021, F022, F023,

F026, or F027 unless:

The wastewater treatment sludge is generated in a surface impoundment

as part of the plant’s wastewater treatment system;

The waste is stored in tanks or containers;

157

The waste is stored or treated in waste piles that meet the requirements

of 35 Ill. Adm. Code 724.350(c) and all other applicable requirements

of 725.Subpart L;

The waste is burned in incinerators that are certified pursuant to the

standards and procedures in Section 725.452; or

The waste is burned in facilities that thermally treat the waste in a device

other than an incinerator and that are certified pursuant to the standards

and procedures in Section 725.483.

This Part applies to owners and operators of facilities that treat, store, or

dispose of hazardous wastes referred to in 35 Ill. Adm. Code 728, and the 35

Ill. Adm. Code 728 standards are considered material conditions or

requirements of the interim status standards of this Part.

35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply

to the storage of military munitions classified as solid waste under 35 Ill. Adm.

Code 726.302. The treatment and disposal of hazardous waste military

munitions are subject to the applicable permitting, procedural, and technical

standards in 35 Ill. Adm. Code 702, 703, 705, 720 through 726, and 728.

Other bodies of regulations may apply a person, facility, or activity, such as 35

Ill. Adm. Code 809 (special waste hauling), 35 Ill. Adm. Code 807 or 810

through 817 (solid waste landfills), 35 Ill. Adm. Code 848 or 849 (used and

scrap tires), or 35 Ill. Adm. Code 1420 through 1422 (potentially infectious

medical waste), depending on the provisions of those other regulations.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART F: GROUNDWATER MONITORING

Section 725.190

Applicability

The owner or operator of a surface impoundment, landfill, or land treatment

facility which is used to manage hazardous waste must shall implement a

groundwater monitoring program capable of determining the facility’s impact on

the quality of groundwater in the uppermost aquifer underlying the facility,

except as Section 725.101 and paragraph (c) provide otherwise.

Except as paragraphs (c) and (d) provide otherwise, the owner or operator must

shall install, operate, and maintain a groundwater monitoring system which

meets the requirements of Section 725.191 and must shall comply with Sections

158

725.192 through 725.194. This groundwater monitoring program must be

carried out during the active life of the facility and for disposal facilities during

the post-closure care period as well.

All or part of the groundwater monitoring requirements of this Subpart may be

waived if the owner or operator can demonstrate that there is a low potential for

migration of hazardous waste or hazardous waste constituents from the facility

via the uppermost aquifer to water supply wells (domestic, industrial or

agricultural) or to surface water. This demonstration must be in writing and

must be kept at the facility. This demonstration must be certified by a qualified

geologist or geotechnical engineer and must establish the following:

The potential for migration of hazardous waste or hazardous waste

constituents from the facility to the uppermost aquifer by an evaluation

of:

A water balance of precipitation, evapotransportation, runoff, and

infiltration; and

Unsaturated zone characteristics (i.e., geologic materials,

physical properties, and depth to ground water); and

The potential for hazardous waste or hazardous waste constituents which

enter the uppermost aquifer to migrate to a water supply well or surface

water by an evaluation of:

Saturated zone characteristics (i.e., geologic materials, physical

properties, and rate of groundwater flow); and

The proximity of the facility to water supply wells or surface

water.

If an owner or operator assumes (or knows) that groundwater monitoring of

indicator parameters in accordance with Sections 725.191 and 725.192 would

show statistically significant increases (or decreases in the case of pH) when

evaluated under Section 725.193(b), he may install, operate, and maintain an

alternate groundwater monitoring system (other than the one described in

Sections 725.191 and 725.192). If the owner or operator decides to use an

alternate groundwater monitoring system he must it shall have:

By November 19, 1981, submitted to the Regional Administrator a

specific plan, certified by a qualified geologist or geotechnical engineer,

which satisfies the requirements of 40 CFR 265.93(d)(3) for an alternate

groundwater monitoring system:

159

By November 19, 1981, initiated the determinations specified in 40 CFR

265.93(d)(4);

Prepare and submit a written report in accordance with Section

725.193(d)(5);

Continue to make the determinations specified in Section 725.193(d)(4)

on a quarterly basis until final closure of the facility; and

Comply with the recordkeeping and reporting requirements in Section

725.194(b).

The groundwater monitoring requirements of this Subpart may be waived with

respect to any surface impoundment which:

Is used to neutralize wastes which are hazardous solely because they

exhibit the corrosivity characteristic under 35 Ill. Adm. Code 721.122 or

are listed as hazardous wastes in 35 Ill. Adm. Code 721, Subpart D only

for this reason; and

Contains no other hazardous wastes, if the owner or operator can

demonstrate that there is no potential for migration of hazardous wastes

from the impoundment. The demonstration must establish, based upon

consideration of the characteristics of the wastes and the impoundment,

that the corrosive wastes will be neutralized to the extent that they no

longer meet the corrosivity characteristic before they can migrate out of

the impoundment. The demonstration must be in writing and must be

certified by a qualified professional.

The Board will or the Agency shall establish alternative requirements for groundwater

monitoring that replace all or part of the requirements of this Subpart F applicable to a regulated

unit (as defined in 35 Ill. Adm. Code 724.190), as provided under 35 Ill. Adm. Code 703.161,

where the Board or Agency determines the following:

The regulated unit is situated among solid waste management units (or areas of

concern), a release has occurred, and both the regulated unit and one or more solid waste

management units (or areas of concern) are likely to have contributed to the release; and

It is not necessary to apply the groundwater monitoring requirements of this Subpart F

because the alternative requirements will adequately protect human health and the

environment. The alternative standards for the regulated unit must meet the

requirements of 35 Ill. Adm. Code 724.201(a).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

160

SUBPART G: CLOSURE AND POST-CLOSURE CARE

Section 725.210

Applicability

Except as Section 725.101 provides otherwise:

Sections 725.211 through 725.215 (which concern closure) apply to the owners

and operators of all hazardous waste management facilities; and

Sections 725.216 through 725.220 (which concern post-closure care) apply to

the owners and operators of:

All hazardous waste disposal facilities; or

Waste piles and surface impoundments from which the owner or

operator intends to remove the wastes at closure to the extent that these

Sections are made applicable to such facilities in Sections 725.328 or

725.358; or

Tank systems which are required under Section 725.297 to meet

requirements for landfills; or

Containment buildings that are required under Section 725.1102 to meet

the requirement for landfills.

Section 725.221 applies to owners and operators of units that are subject to the requirements of

35 Ill. Adm. Code 703.161 and which are regulated under alternative requirements (as

established pursuant to 35 Ill. Adm. Code 703.161).

The Board will or the Agency shall establish alternative requirements that replace all or part of

the closure and post-closure care requirements of this Subpart G (and the unit-specific standards

in Section 725.211(c)) applying to a regulated unit (as defined in 35 Ill. Adm. Code 724.190), as

provided in 35 Ill. Adm. Code 703.161, where the Board or Agency determines the following:

The regulated unit is situated among solid waste management units (or areas of

concern), a release has occurred, and both the regulated unit and one or more solid waste

management units (or areas of concern) are likely to have contributed to the release, and

It is not necessary to apply the closure requirements of this Subpart (and those

referenced herein) because the alternative requirements will adequately protect human

health and the environment, and will satisfy the closure performance standard of Section

725.211 (a) and (b).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 725.212

Closure Plan; Amendment of Plan

Written Plan plan. Within six months after the effective date of the rule that

161

first subjects a facility to provisions of this Section, the owner or operator of a

hazardous waste management facility shall have a written closure plan. Until

final closure is completed and certified in accordance with Section 725.215, a

copy of the most current plan must be furnished to the Agency upon request

including request by mail. In addition, for facilities without approved plans, it

must also be provided during site inspections on the day of inspection to any

officer, employee, or representative of the Agency.

Content of plan. The plan must identify the steps necessary to perform partial

or final closure of the facility at any point during its active life. The closure

plan must include, at least:

A description of how each hazardous waste management unit at the

facility will be closed in accordance with Section 725.211; and

A description of how final closure of the facility will be conducted in

accordance with Section 725.211. The description must identify the

maximum extent of the operation which will be unclosed during the

active life of the facility; and

An estimate of the maximum inventory of hazardous wastes ever on-site

over the active life of the facility and a detailed description of the

methods to be used during partial and final closure, including, but not

limited to methods for removing, transporting, treating, storing, or

disposing of all hazardous waste, and identification of and the type(s) of

off-site hazardous waste management unit(s) to be used, if applicable;

and

A detailed description of the steps needed to remove or decontaminate all

hazardous waste residues and contaminated containment system

components, equipment, structures, and soils during partial and final

closure including, but not limited to, procedures for cleaning equipment

and removing contaminated soils, methods for sampling and testing

surrounding soils, and criteria for determining the extent of

decontamination necessary to satisfy the closure performance standard;

and

A detailed description of other activities necessary during the partial and

final closure period to ensure that all partial closures and final closure

satisfy the closure performance standards, including, but not limited to,

groundwater monitoring, leachate collection, and run-on and run-off

control; and

A schedule for closure of each hazardous waste management unit and for

final closure of the facility. The schedule must include, at a minimum,

162

the total time required to close each hazardous waste management unit

and the time required for intervening closure activities which will allow

tracking of the progress of partial and final closure. (For example, in

the case of a landfill unit, estimates of the time required to treat or

dispose of all hazardous waste inventory and of the time required to

place a final cover must be included.); and

An estimate of the expected year of final closure for facilities that use

trust funds to demonstrate financial assurance under Sections 725.243 or

725.245 and whose remaining operating life is less than twenty years,

and for facilities without approved closure plans.; and

For facilities where

the Board or Agency has established alternative requirements at a

regulated unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided under

35 Ill. Adm. Code 703.161, either the alternative requirements applying to the regulated

unit or a reference to the Board order or Agency permit establishing those alternative

requirements.

Amendment of plan. The owner or operator may amend the closure plan at any

time prior to the notification of partial or final closure of the facility. An owner

or operator with an approved closure plan shall submit a written request to the

Agency to authorize a change to the approved closure plan. The written request

must include a copy of the amended closure plan for approval by the Agency.

The owner or operator shall amend the closure plan, whenever:

Changes in the operating plans or facility design affect the

closure plan, or;

Whenever there is a change in the expected year of closure, if

applicable, or;

In conducting partial or final closure activities, unexpected events

require a modification of the closure plan.; or

The owner or operator requests the Board or Agency to establish alternative

requirements, as provided under 35 Ill. Adm. Code 703.161, to a regulated unit

under Sections 725.190(f), 725.210(c), or 725.240(d).

The owner or operator shall amend the closure plan at least 60 days prior

to the proposed change in facility design or operation, or no later than 60

days after an unexpected event has occurred which has affected the

closure plan. If an unexpected event occurs during the partial or final

closure period, the owner or operator shall amend the closure plan no

later than 30 days after the unexpected event. These provisions also

apply to owners or operators of surface impoundments and waste piles

who that intended to remove all hazardous wastes at closure, but are

163

required to close as landfills in accordance with Section 725.410.

An owner or operator with an approved closure plan shall submit the

modified plan to the Agency at least 60 days prior to the proposed

change in facility design or operation, or no more than 60 days after an

unexpected event has occurred which has affected the closure plan. If an

unexpected event has occurred during the partial or final closure period,

the owner or operator shall submit the modified plan no more than 30

days after the unexpected event. These provisions also apply to owners

or operators of surface impoundments and waste piles who that intended

to remove all hazardous wastes at closure but are required to close as

landfills in accordance with Section 725.410. If the amendment to the

plan is a Class 2 or 3 modification according to the criteria in 35 Ill.

Adm. Code 702.280 703.280, the modification to the plan shall be

approved according to the procedures in subsection (d)(4), below of this

Section.

The Agency may request modifications to the plan under the conditions

described in subsection (c)(1), above of this Section. An owner or

operator with an approved closure plan shall submit the modified plan

within 60 days of the request from the Agency, or within 30 days if the

unexpected event occurs during partial or final closure. If the

amendment is considered a Class 2 or 3 modification according to the

criteria in 35 Ill. Adm. Code 702.280 703.280, the modification to the

plan must be approved in accordance with the procedures in subsection

(d)(4), below of this Section.

Notification of partial closure and final closure.

When notice is required.

The owner or operator shall submit the closure plan to the

Agency at least 180 days prior to the date on which the owner or

operator expects to begin closure of the first surface

impoundment, waste pile, land treatment, or landfill unit, or final

closure if it involves such a unit, whichever is earlier.

The owner or operator shall submit the closure plan to the

Agency at least 45 days prior to the date on which the owner or

operator expects to begin partial or final closure of a boiler or

industrial furnace.

The owner or operator shall submit the closure plan to the

Agency at least 45 days prior to the date on which the owner or

operator expects to begin final closure of a facility with only

164

tanks, container storage, or incinerator units.

Owners or operators with approved closure plans shall notify the

Agency in writing at least 60 days prior to the date on which the

owner or operator expects to begin closure of a surface

impoundment, waste pile, landfill, or land treatment unit, or final

closure of a facility involving such a unit.

Owners or operators with approved closure plans shall notify the

Agency in writing at least 45 days prior to the date on which the

owner or operator expects to begin partial or final closure of a

boiler or industrial furnace.

Owners and operators with approved closure plans shall notify

the Agency in writing at least 45 days prior to the date on which

the owner or operator expects to begin final closure of a facility

with only tanks, container storage, or incinerator units.

The date when the owner or operator “expects to begin closure” must be

either:

Within 30 days after the date on which any hazardous waste

management unit receives the known final volume of hazardous

wastes or, if there is a reasonable possibility that the hazardous

waste management unit will receive additional hazardous wastes,

no later than one year after the date on which the unit received

the most recent volume of hazardous waste. If the owner or

operator of a hazardous waste management unit demonstrates to

the Agency that the hazardous waste management unit or facility

has the capacity to receive additional hazardous wastes and that

the owner or operator has taken and will continue to take, all

steps to prevent threats to human health and the environment,

including compliance with all interim status requirements, the

Agency shall approve an extension to this one-year limit; or

For units meeting the requirements of Section 725.213(d), no

later than 30 days after the date on which the hazardous waste

management unit receives the known final volume of non-

hazardous wastes, or, if there is a reasonable possibility that the

hazardous waste management unit will receive additional non-

hazardous wastes, no later than one year after the date on which

the unit received the most recent volume of non-hazardous

wastes. If the owner or operator demonstrates to the Agency that

the hazardous waste management unit has the capacity to receive

additional non-hazardous wastes and that the owner and operator

165

have taken, and will continue to take, all steps to prevent threats

to human health and the environment, including compliance with

all applicable interim status requirements, the Agency shall

approve an extension to this one-year limit.

The owner or operator shall submit the closure plan to the Agency no

later than 15 days after:

Termination of interim status (except when a permit is issued to

the facility simultaneously with termination of interim status); or

Issuance of a judicial decree or Board order to cease receiving

hazardous wastes or close.

The Agency shall provide the owner or operator and the public, through

a newspaper notice, the opportunity to submit written comments on the

plan and request modifications of the plan no later than 30 days from the

date of the notice. The Agency shall also, in response to a request or at

its own discretion, hold a public hearing whenever such a hearing might

clarify one or more issues concerning a closure plan. The Agency shall

give public notice of the hearing at least 30 days before it occurs.

(Public notice of the hearing may be given at the same time as notice of

the opportunity for the public to submit written comments and the two

notices may be combined.) The Agency shall approve, modify, or

disapprove the plan within 90 days of its receipt. If the Agency does not

approve the plan, the Agency shall provide the owner or operator with a

detailed written statement of reasons for the refusal, and the owner or

operator shall modify the plan or submit a new plan for approval within

30 days after receiving such written statement. The Agency shall

approve or modify this plan in writing within 60 days. If the Agency

modifies the plan, this modified plan becomes the approved closure plan.

The Agency shall assure that the approved plan is consistent with

Sections 725.211 through 725.215 and the applicable requirements of

Sections 725.190 et seq., 725.297, 725.328, 725.358, 725.380,

725.410, 725.451, 725.481, 725.504, and 724.1102. A copy of this

modified plan with a detailed statement of reasons for the modifications

must be mailed to the owner or operator.

Removal of wastes and decontamination or dismantling of equipment. Nothing

in this Section precludes the owner or operator from removing hazardous wastes

and decontaminating or dismantling equipment in accordance with the approved

partial or final closure plan at any time before or after notification of partial or

final closure.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

166

Section 725.218

Post-closure Closure Care Plan; Amendment of Plan

Written Plan. The owner or operator of a hazardous waste disposal unit shall

have a written post-closure care plan. An owner or operator of a surface

impoundment or waste pile that intends to remove all hazardous wastes at

closure shall prepare a post-closure care plan and submit it to the Agency within

90 days after the date that the owner or operator or Agency determines that the

hazardous waste management unit or facility must be closed as a landfill,

subject to the requirements of Sections 725.217 through 725.220.

Until final closure of the facility, a copy of the most current post-closure care

plan must be furnished to the Agency upon request, including request by mail.

In addition, for facilities without approved post-closure care plans, it must also

be provided during site inspections, on the day of inspection, to any officer,

employee, or representative of the Agency. After final closure has been

certified, the person or office specified in subsection (c)(3) shall keep the

approved post-closure care plan during the post-closure care period.

For each hazardous waste management unit subject to the requirements of this

Section, the post-closure care plan must identify the activities which will be

carried on after closure of each disposal unit and the frequency of these

activities and include at least:

A description of the planned monitoring activities and frequencies at

which they will be performed to comply with Subparts F, K, L, M, and

N during the post-closure care period;

A description of the planned maintenance activities and frequencies at

which they will be performed to ensure:

The integrity of the cap and final cover or other containment

systems in accordance with the requirements of Subparts K, L,

M, and N; and

The function of the monitoring equipment in accordance with the

requirements of Subparts F, K, L, M, and N; and.

The name, address, and phone number of the person or office to contact

about the hazardous waste disposal unit or facility during the post-

closure care period.

For a facility subject to Section 725.221, provisions that satisfy the requirements of

Section 725.221(a)(1) and (a)(3).

For a facility where the Board or Agency has established alternative requirements at a

167

regulated unit under Section 725.190(f), 725.210(d), or 725.240(d), as provided under

35 Ill. Adm. Code 703.161, either the alternative requirements that apply to the

regulated unit, or a reference to the Board order or Agency permit establishing those

requirements.

Amendment of plan. The owner or operator may amend the post-closure care

plan at any time during the active life of the facility or during the post-closure

care period. An owner or operator with an approved post-closure care plan

shall submit a written request to the Agency to authorize a change to the

approved plan. The written request must include a copy of the amended post-

closure care plan for approval by the Agency.

The owner or operator shall amend the post-closure care plan whenever:

Changes in operating plans or facility design affect the post-

closure care plan; or

Events occur during the active life of the facility, including

partial and final closures, which affect the post-closure care plan.

The owner or operator requests the Board or Agency to establish alternative

requirements to a regulated unit under Sections 725.190(f), 725.210(d), or

725.240(d).

The owner or operator shall amend the post-closure care plan at least 60

days prior to the proposed changes in facility design or operation, or no

later than 60 days after an unexpected event has occurred which has

affected the post-closure care plan.

An owner or operator with an approved post-closure care plan shall

submit the modified plan to the Agency at least 60 days prior to the

proposed change in facility design or operation, or no more than 60 days

after an unexpected event has occurred which has affected the post-

closure care plan. If an owner or operator of a surface impoundment or

a waste pile who that intended to remove all hazardous wastes at closure

in accordance with Sections 725.328(b) or 725.358(a) is required to

close as a landfill in accordance with Section 725.410, the owner or

operator shall submit a post-closure care plan within 90 days after the

determination by the owner or operator or Agency that the unit must be

closed as a landfill. If the amendment to the post-closure care plan is a

Class 2 or 3 modification according to the criteria in 35 Ill. Adm. Code

703.280, the modification to the plan must be approved according to the

procedures in subsection (f).

The Agency may request modifications to the plan under the conditions

described in above subsection (d)(1) of this Section. An owner or

168

operator with an approved post-closure care plan shall submit the

modified plan no later than 60 days after the request from the Agency.

If the amendment to the plan is considered a Class 2 or 3 modification

according to the criteria in 35 Ill. Adm. Code 703.280 the modifications

to the post-closure care plan must be approved in accordance with the

procedures in subsection (f). If the Agency determines that an owner or

operator of a surface impoundment or waste pile who that intended to

remove all hazardous wastes at closure shall close the facility as a

landfill, the owner or operator shall submit a post-closure care plan for

approval to the Agency within 90 days after the determination.

The owner or operator of a facility with hazardous waste management units

subject to these requirements shall submit the post-closure care plan to the

Agency at least 180 days before the date the owner or operator expects to begin

partial or final closure of the first hazardous waste disposal unit. The date when

the owner or operator “expects to begin closure” of the first hazardous waste

disposal unit must be either within 30 days after the date on which the

hazardous waste management unit receives the known final volume of hazardous

waste or, if there is a reasonable possibility that the hazardous waste

management unit will receive additional hazardous wastes, no later than one

year after the date on which the unit received the most recent volume of

hazardous wastes. The owner or operator shall submit the closure plan to the

Agency no later than 15 days after:

Termination of interim status (except when a permit is issued to the

facility simultaneously with termination of interim status); or

Issuance of a judicial decree or Board order to cease receiving wastes or

close.

Procedures.

Except as provided in subsection (f)(2), the Agency shall provide the

owner or operator and the public through a newspaper notice the

opportunity to submit written comments on the post-closure care plan

and request modifications to the plan, no later than 30 days after the date

of the notice. The Agency may also, in response to a request or at its

own discretion, hold a public hearing whenever such a hearing might

clarify one or more issues concerning the post-closure care plan. The

Agency shall give public notice of the hearing at least 30 days before it

occurs. (Public notice of the hearing may be given at the same time as

notice of the opportunity for written public comments and the two

notices may be combined.) The Agency shall approve, modify or

disapprove the plan within 90 days of its receipt. If the Agency

determines not to approve the plan, the Agency shall provide the owner

169

or operator with a detailed statement of reasons for the refusal and the

owner or operator shall modify the plan or submit a new plan for

approval within 30 days after receiving such written statements. The

Agency shall approve or modify this plan in writing within 60 days. If

the Agency modifies the plan, this modified plan becomes the approved

post-closure care plan. Any final Agency determination shall ensure that

the approved post-closure care plan is consistent with Sections 725.217

through 725.220. A copy of this modified plan with a detailed statement

of reasons for the modifications must be mailed to the owner or

operator.

The Agency shall not provide notice or the opportunity for public

comment if, in a prior proceeding, the Board has ordered the

modifications to the plan.

The post-closure care plan and length of the post-closure care period may be

modified at any time prior to the end of the post-closure care period in either of

the following two ways:

The owner or operator or any member of the public may petition to

extend or reduce the post-closure care period applicable to a hazardous

waste management unit or facility based on cause, or alter the

requirements of the post-closure care period based on cause.

The petition must include evidence demonstrating that:

The secure nature of the hazardous waste management

unit or facility makes the post-closure care requirement(s)

unnecessary or supports reduction of the post-closure care

period specified in the current post-closure care plan

(e.g., leachate or groundwater monitoring results,

characteristics of the waste, application of advanced

technology or alternative disposal, treatment, or re-use

techniques indicate that the facility is secure), or

ii)

The requested extension in the post-closure care period or

alteration of post-closure care requirements is necessary to

prevent threats to human health and the environment.

(e.g., leachate or groundwater monitoring results indicate

a potential for migration of hazardous wastes at levels

which may be harmful to human health and the

environment).

These petitions must be considered only when they present new

and relevant information not previously considered.

170

Except as provided in subsection (g)(1)(B)(ii), whenever

the Agency is considering a petition, it shall provide the

owner or operator and the public, through a newspaper

notice, the opportunity to submit written comments within

30 days of the date of the notice. The Agency shall also,

in response to a request or at its own discretion, hold a

public hearing whenever a hearing might clarify one or

more issues concerning the post-closure care plan. The

Agency shall give the public notice of the hearing at least

30 days before it occurs. (Public notice of the hearing

may be given at the same time as notice of the opportunity

for written public comments and the two notices may be

combined.) After considering the comments, the Agency

shall issue a final determination, based upon the criteria

set forth in subsection(g)(1).

ii)

The Agency shall not provide notice or the opportunity

for public comment if, in a prior proceeding, the Board

has ordered the modifications to the plan.

If the Agency denies the petition, it shall send the petitioner a

brief written response giving a reason for the denial.

The Agency shall tentatively decide to modify the post-closure care plan

if the Agency determines that it is necessary to prevent threats to human

health and the environment. The Agency may propose to extend or

reduce the post-closure care period applicable to a hazardous waste

management unit or facility based on cause or alter the requirements of

the post-closure care period based on cause.

The Agency shall provide the owner or operator and the affected

public, through a newspaper notice, the opportunity to submit

written comments within 30 days of the date of the notice and the

opportunity for a public hearing as in subsection (g)(1)(B). After

considering the comments, the Agency shall issue a final

determination.

The Agency shall base its final determination upon the same

criteria as required for petitions under subsection (g)(1)(A). A

modification of the post-closure care plan may include, where

appropriate, the temporary suspension rather than permanent

deletion of one or more post-closure care requirements. At the

end of the specified period of suspension, the Agency would then

determine whether the requirement(s) should be permanently

171

discontinued or reinstated to prevent threats to human health and

the environment.

The Agency procedures described in Sections 725.212 through 725.219 are in

the nature of permit amendments. Amendment of refusal to amend the plan is a

permit denial for purposes of appeal pursuant to 35 Ill. Adm. Code 105. The

Agency shall not amend permits in such a manner so that the permit would not

conform with Board regulations.

If any person seeks a closure or post-closure care plan which would not conform

with Board regulations, such person shall file a site-specific rulemaking petition

pursuant to 35 Ill. Adm. Code 102 or a variance petition pursuant to 35 Ill.

Adm. Code 104.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 725.221

Alternative Post-Closure Care Requirements

An owner or operator that is subject to the requirement to obtain a post-closure care permit under

35 Ill. Adm. Code 703.Subpart B for which the Board or Agency has established alternative

requirements, as provided in 35 Ill. Adm. Code 703.161, shall comply with the following

requirements:

The requirements to submit information about the facility in 35 Ill. Adm. Cod

703.214

;

The requirements for facility-wide corrective action in 35 Ill. Adm. Code 724.201; and

The requirements of 35 Ill. Adm. Code 724.191 through 724.200.

Implementation of Alternative Requirements.

Public notice, public comments, and public hearing.

In establishing alternative requirements under this Section, the Board will

assure a meaningful opportunity for public involvement which, at a minimum,

includes public notice and opportunity for public comment, as such are

provided under the relevant provisions of the Act:

For a site-specific rulemaking, in Section 27 and 28 of the Act [415

ILCS 5/27 & 28].

ii)

For an adjusted standard, in Section 28.1 of the Act [415 ILCS

5/28.1].

iii)

For a variance, in Sections 35 through 38 of the Act [415 ILCS 5/35-

38].

When an owner or operator submits a plan to the Agency pursuant to 35 Ill.

Adm. Code 740 or 742, the Agency shall provide public notice and an

172

opportunity for public hearing on the plan according to the requirements of 35

Ill. Adm. Code 705.Subparts D and E.

If the Agency determines that even a short delay in the implementation

of a remedy would adversely affect human health or the environment,

the Agency may delay compliance with the requirements of subsection

(b)(2) of this Section and immediately implement the remedy.

However, the Agency shall assure involvement of the public at the

earliest opportunity, and, in all cases, upon making the decision that

additional remedial action is not needed at the facility.

ii)

The

Agency may allow a remediation initiated prior to August 6, 1999

to substitute for corrective action required under a post-closure care

permit even if the public involvement requirements of subsection

(b)(2) of this Section have not been met so long as the Agency assures

that notice and comment on the decision that no further remediation is

necessary to adequately protect human health and the environment

takes place at the earliest reasonable opportunity after August 6, 1999.

(Source: Added at 23 Ill. Reg. ________, effective ______________________)

SUBPART H: FINANCIAL REQUIREMENTS

Section 725.240

Applicability

The requirements of Sections 725.242, 725.243, and 725.247 through 725.250

apply to owners and operators of all hazardous waste facilities, except as

provided otherwise in this Section or in Section 725.101.

The requirements of Section 725.244 and 725.246 apply only to owners and

operators of:

Disposal facilities; or

Tank systems that are required under Section 725.297 to meet the

requirements for landfills; or

Containment buildings that are required under 725.1102 to meet the

requirements for landfills,.

States and the Federal Government are exempt from the requirements of this

Subpart.

The Board will establish alternative requirements that replace all or part of the financial

assurance requirements of Subpart H of this Part applying to a regulated unit, as provided in 35

Ill. Adm. Code 703.161, where the Board has done the following:

The Board has established alte

rnative requirements for the regulated unit established

173

under Section 725.190(f) or Section 724.210(d); and

The Board determines that it is not necessary to apply the financial assurance

requirements of Subpart H of this Part because the alternative financial assurance

requirements will adequately protect human health and the environment.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 726

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS

WASTE AND SPECIFIC TYPES OF HAZARDOUS WASTE

MANAGEMENT FACILITIES

SUBPART C: RECYCLABLE MATERIALS USED IN A MANNER

CONSTITUTING DISPOSAL

Section

726.120

Applicability

726.121

Standards applicable to generators and transporters of materials used in a

manner that constitutes disposal

726.122

Standards applicable to storers, who are not the ultimate users, of materials that

are to be used in a manner that constitutes disposal

726.123

Standards Applicable to Users of Materials that are Used in a Manner that

Constitutes Disposal

SUBPART D: HAZARDOUS WASTE BURNED FOR ENERGY

RECOVERY

Section

726.130

Applicability (Repealed)

726.131

Prohibitions (Repealed)

726.132

Standards applicable to generators of hazardous waste fuel (Repealed)

726.133

Standards applicable to transporters of hazardous waste fuel (Repealed)

726.134

Standards applicable to marketers of hazardous waste fuel (Repealed)

726.135

Standards applicable to burners of hazardous waste fuel (Repealed)

726.136

Conditional exemption for spent materials and by-products exhibiting a

characteristic of hazardous waste (Repealed)

SUBPART E: USED OIL BURNED FOR ENERGY RECOVERY (Repealed)

Section

726.140

Applicability (Repealed)

726.141

Prohibitions (Repealed)

174

726.142

Standards applicable to generators of used oil burned for energy recovery

(Repealed)

726.143

Standards applicable to marketers of used oil burned for energy recovery

(Repealed)

726.144

Standards applicable to burners of used oil burned for energy recovery

(Repealed)

SUBPART F: RECYCLABLE MATERIALS UTILIZED FOR PRECIOUS

METAL RECOVERY

Section

726.170

Applicability and requirements

SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED

Section

726.180

Applicability and requirements

SUBPART H: HAZARDOUS WASTE BURNED IN BOILERS AND

INDUSTRIAL FURNACES

Section

726.200

Applicability

726.201

Management prior to Burning

726.202

Permit standards for Burners

726.203

Interim Status Standards for Burners

726.204

Standards to Control Organic Emissions

726.205

Standards to control PM

726.206

Standards to Control Metals Emissions

726.207

Standards to control HCl and Chlorine Gas Emissions

726.208

Small quantity On-site Burner Exemption

726.209

Low risk waste Exemption

726.210

Waiver of DRE trial burn for Boilers

726.211

Standards for direct Transfer

726.212

Regulation of Residues

726.219

Extensions of Time

SUBPART M: MILITARY MUNITIONS

Section

726.300

Applicability

726.301

Definitions

726.302

Definition of Solid Waste

726.303

Standards Applicable to the Transportation of Solid Waste Military Munitions

726.304

Standards Applicable to Emergency Responses

726.305

Standards Applicable to the Storage of Solid Waste Military Munitions

726.306

Standards Applicable to the Treatment and Disposal of Waste Military

Munitions

175

726.Appendix A

Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals

726.Appendix B

Tier I Feed Rate Screening Limits for Total Chlorine

726.Appendix C

Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen

Chloride

726.Appendix D

Reference Air Concentrations

726.Appendix E

Risk Specific Doses

726.Appendix F

Stack Plume Rise

726.Appendix G

Health-Based Limits for Exclusion of Waste-Derived Residues

726.Appendix H

Potential PICs for Determination of Exclusion of Waste-Derived

Residues

726.Appendix I

Methods Manual for Compliance with BIF Regulations

726.Appendix J

Guideline on Air Quality Models

726.Appendix K

Lead-Bearing Materials That May be Processed in Exempt Lead

Smelters

726.Appendix L

Nickel or Chromium-Bearing Materials that may be Processed in Exempt

Nickel-Chromium Recovery Furnaces

726.Appendix M

Mercury-Bearing Wastes That May Be Processed in Exempt Mercury

Recovery Units

726.Table A

Exempt Quantities for Small Quantity Burner Exemption

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R85-22 at 10 Ill. Reg. 1162, effective January

2, 1986; amended in R86-1 at 10 Ill. Reg.

14156, effective August 12, 1986; amended in R87-26 at 12 Ill. Reg. 2900, effective January 15, 1988; amended

in R89-1 at 13 Ill. Reg. 18606, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14533, effective

August 22, 1990; amended in R90-11 at 15 Ill. Reg. 9727, effective June 17, 1991; amended in R91-13 at 16 Ill.

Reg. 9858, effective June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5865, effective March 26, 1993; amended in

R93-4 at 17 Ill. Reg. 20904, effective November 22, 1993; amended in R94-7 at 18 Ill. Reg. 12500, effective July

29, 1994; amended in R95-6 at 19 Ill. Reg. 10006, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg.

11263, effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 754, effective December 16,

1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 18042, effective September 28, 1998; a

mended at 23

Ill. Reg. ________, effective ______________________

SUBPART G: SPENT LEAD-ACID BATTERIES BEING RECLAIMED

Section 726.180

Applicability and requirements

a) The regulations of this Subpart apply to a person that reclaims (including

regeneration) spent lead-acid batteries that are recyclable materials (“spent

batteries”). A person that generates, transports, or collects spent batteries or that

stores spent batteries (other than spent batteries that are to be regenerated), but one

that does not reclaim the batteries, is not subject to regulation under 35 Ill. Adm.

Code 722 through 726 or 35 Ill. Adm. Code 702, 703, or 705, and also are not

subject to the requirements of Section 3010 of the Resource Conservation and

176

Recovery Act.

Are spent lead-acid batteries exempt from hazardous waste management requirements? If an

owner or operator generates, collects, transports, stores, or regenerates lead-acid batteries for

reclamation purposes, the owner or operator may be exempt from certain hazardous waste

management requirements. Use the following table to determine which requirements apply to the

owner or operator. Alternatively, the owner or operator may choose to manage its spent lead-acid

batteries under the “Universal Waste” rule in 35 Ill. Adm. Code 733.

If the batteries . . .

And if an owner or

operator . . .

Then an owner or

operator . . .

And an owner or

operator . . .

(1) Will be reclaimed

through regeneration

(such as by electrolyte

replacement)

is exempt from 35 Ill.

Adm. Code 702, 703,

705, 722 (except for

35 Ill. Adm. Code

722.111), 723, 724,

725, 726, 728, and

the notification

requirements at

section 3010 of

RCRA

is subject to 35 Ill.

Adm. Code 721 and

722.111

(2) Will be reclaimed

other than through

regeneration

generates, collects, or

transports these

batteries

is exempt from 35 Ill.

Adm. Code 702, 703,

705, 722 (except for

35 Ill. Adm. Code

722.111), 723, 724,

725, 726, and the

notification

requirements at

section 3010 of

RCRA

are subject to 35 Ill.

Adm. Code 721 and

722.111 and

applicable provisions

under 35 Ill. Adm.

Code 728

(3) Will be reclaimed

other than through

regeneration

stores these batteries

but the owner or

operator is not the

reclaimer

is exempt from 35 Ill.

Adm. Code 702, 703,

705, 722 (except for

35 Ill. Adm. Code

722.111), 723, 724,

725, 726, and the

section 3010 of

RCRA

is subject to 35 Ill.

Adm. Code 721,

722.111 and a

notification

requirements

applicable provisions

under 35 Ill. Adm.

Code 728

(4) Will be reclaimed

other than through

regeneration

stores these batteries

before the owner or

operator reclaims

them

shall comply with 35

Ill. Adm. Code

726.180(b) and, as

appropriate, other

regulatory provisions

described in 35 Ill.

Adm. Code

726.180(b)

is subject to 35 Ill.

Adm. Code 721,

262.11 and

applicable provisions

under 35 Ill. Adm.

Code 728

177

(5) Will be reclaimed

other than through

regeneration

does not store these

batteries before the

owner or operator

reclaims them

is exempt from 35 Ill.

Adm. Code 702, 703,

705, 722 (except for

35 Ill. Adm. Code

722.111), 723, 724,

725, 726, and the

notification

requirements at

section 3010 of

RCRA

is subject to 35 Ill.

Adm. Code 721,

262.11 and

applicable provisions

under 35 Ill. Adm.

Code 728

b) Owners or operators of facilities that store spent batteries before reclaiming the

batteries (other than spent batteries that are to be regenerated) are subject to the

following requirements.

If an owner or operator stores spent lead-acid batteries before it reclaims them but not through

regeneration, which requirements apply? The requirements of subsection (b) of this Section

apply to an owner or operator if the owner or operator stores spent lead-acid batteries before it

reclaims them, but the owner or operator does not reclaim them through regeneration. The

requirements are slightly different depending on the owner’s or operator’s RCRA permit status.

For an interim status facility, the owner or operator shall comply with the following

requirements:

)

Notification

The notification

requirements under Section 3010 of the

Resource Conservation and Recovery Act (RCRA);

2) All applicable provisions in 35 Ill. Adm. Code 724.Subparts A, B (but not

35 Ill. Adm. Code 724.113 (waste analysis)), C,D,E (but not 35 Ill. Adm.

Code 724.171 or 724.172 dealing with the use of the manifest and manifest

discrepancies), and F through L;

3) All applicable provisions in 35 Ill. Adm. Code 725.Subparts A, B (but not

35 Ill. Adm. Code 725.113 (waste analysis)), C, D, E (but not 35 Ill. Adm.

Code 725.171 and 725.172 dealing with the use of the manifest and manifest

discrepancies), and F through L;

All applicable provisions in 35 Ill. Adm. Code 725.Subp

art A.

All applicable provisions in 35 Ill. Adm. Code 725.Subpart A except 35 Ill.

Adm. Code 725.113 (waste analysis).

All applicable provisions in 35 Ill. Adm. Code 725.Subparts C and D.

All applicable provisions in 35 Ill. Adm. Code 725.Subpart E except 35 Ill.

Adm. Code 725.171 and 725.172 (dealing with the use of the manifest and

manifest discrepancies).

All applicable provisions in 35 Ill. Adm. Code 725.Subpars F through L.

178

)

All applicable provisions in 35 Ill. Adm. Code 702, 703, and 705.

For a Permitted Facility the following requirements:

The notification requirements under section 3010 of RCRA.

All applicable provisions in 35 Ill. Adm. Code 724.Subpart A.

All applicable provisions in 35 Ill. Adm. Code 724.Subpart B (but not 35 Ill.

Adm. Code 724.113 (waste analysis).

All applicable provisions in 35 Ill. Adm. Code 724.Subparts C and D.

All applicable provisions in 35 Ill. Adm. Code 724.Subpart E (but not 35 Ill.

Adm. Code 724.171 or 724.172 (dealing with the use of the manifest and

manifest discrepancies).

All applicable provisions in 35 Ill. Adm. Code 724.Subparts F through L.

All applicable provisions in 35 Ill. Adm. Code 702, 703, and 705.

c) Spent lead-acid batteries that are not managed under this Part, are subject to

management under 35 Ill. Adm. Code 733.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART H: HAZARDOUS WASTE BURNED IN BOILERS AND

INDUSTRIAL FURNACES

Section 726.200

Applicability

The regulations of this Subpart apply to hazardous waste burned or processed in a

boiler or industrial furnace (BIF) (as defined in 35 Ill. Adm. Code 720.110)

irrespective of the purpose of burning or processing, except as provided by

subsections (b), (c), (d), and (f) below of this Section. In this Subpart, the term

“burn” means burning for energy recovery or destruction or processing for

materials recovery or as an ingredient. The emissions standards of Sections

726.204, 726.205, 726.206, and 726.207 apply to facilities operating under interim

status or under a RCRA permit, as specified in Sections 726.202 and 726.203.

The following hazardous wastes and facilities are not subject to regulation under this

Subpart:

Used oil burned for energy recovery that is also a hazardous waste solely

because it exhibits a characteristic of hazardous waste identified in 35 Ill.

Adm. Code 721.Subpart C. Such used oil is subject to regulation under 35

Ill. Adm. Code 739, rather than this Subpart;

179

Gas recovered from hazardous or solid waste landfills, when such gas is

burned for energy recovery;

Hazardous wastes that are exempt from regulation under 35 Ill. Adm. Code

721.104 and 721.106(a)(3)(D) through (a)(3)(F) 721.106(a)(3)(C) and

(a)(3)(D) and hazardous wastes that are subject to the special requirements

for conditionally exempt small quantity generators under 35 Ill. Adm. Code

721.105; and

Coke ovens, if the only hazardous waste burned is U.S. EPA USEPA

hazardous waste no. K087 decanter tank tar sludge from coking operations.

Owners and operators of smelting, melting, and refining furnaces (including

pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry

furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces

burning hazardous waste) that process hazardous waste solely for metal recovery are

conditionally exempt from regulation under this Subpart, except for Sections

726.201 and 726.212.

To be exempt from Sections 726.202 through 726.211, an owner or

operator of a metal recovery furnace or mercury recovery furnace shall

comply with the following requirements, except that an owner or operator of

a lead or a nickel-chromium recovery furnace or a metal recovery furnace

that burns baghouse bags used to capture metallic dust emitted by steel

manufacturing, shall comply with the requirements of subsection (c)(3)

below of this Section:

Provide a one-time written notice to the Agency indicating the

following:

The owner or operator claims exemption under this

subsection;

ii)

The hazardous waste is burned solely for metal recovery

consistent with the provisions of subsection (c)(2) below of

this Section;

iii)

The hazardous waste contains recoverable levels of metals;

and

iv)

The owner or operator will comply with the sampling and

analysis and recordkeeping requirements of this subsection;

Sample and analyze the hazardous waste and other feedstocks as

180

necessary to comply with the requirements of this subsection under

procedures specified by Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods, SW-846, incorporated by reference in

35 Ill. Adm. Code 720.111, or alternative methods that meet or

exceed the SW-846 method performance capabilities. If SW-846

does not prescribe a method for a particular determination, the

owner or operator shall use the best available method; and

Maintain at the facility for at least three years records to document

compliance with the provisions of this subsection including limits on

levels of toxic organic constituents and Btu value of the waste, and

levels of recoverable metals in the hazardous waste compared to

normal nonhazardous non-hazardous waste feedstocks.

A hazardous waste meeting either of the following criteria is not processed

solely for metal recovery:

The hazardous waste has a total concentration of organic compounds

listed in 35 Ill. Adm. Code 721.Appendix H exceeding 500 ppm by

weight, as fired, and so is considered to be burned for destruction.

The concentration of organic compounds in a waste as-generated

may be reduced to the 500 ppm limit by bona fide treatment that

removes or destroys organic constituents. Blending for dilution to

meet the 500 ppm limit is prohibited, and documentation that the

waste has not been impermissibly diluted must be retained in the

records required by subsection (c)(1)(C) above of this Section; or

The hazardous waste has a heating value of 5,000 Btu/lb or more,

as-fired, and is so considered to be burned as fuel. The heating

value of a waste as-generated may be reduced to below the 5,000

Btu/lb limit by bona fide treatment that removes or destroys organic

constituents. Blending for dilution to meet the 5,000 Btu/lb limit is

prohibited and documentation that the waste has not been

impermissibly diluted must be retained in the records required by

subsection (c)(1)(C) above of this Section.

To be exempt from Sections 726.202 through 726.211, an owner or

operator of a lead, nickel-chromium, or mercury recovery furnace or a

metal recovery furnace that burns a baghouse bags used to capture metallic

dusts emitted by steel manufacturing must shall provide a one-time written

notice to the Agency identifying each hazardous waste burned and specifying

whether the owner or operator claims an exemption for each waste under

this subsection or subsection (c)(1) above of this Section. The owner or

operator shall comply with the requirements of subsection (c)(1) above of

this Section for those wastes claimed to be exempt under that subsection and

181

with the following requirements for those wastes claimed to be exempt

under this subsection:

The hazardous wastes listed in Sections 726.Appendices K, L, and

M of this Part and baghouse bags used to capture metallic dusts

emitted by steel manufacturing are exempt from the requirements of

subsection (c)(1) above of this Section, provided that:

A waste listed in Section 726.Appendix K of this Part must

contain recoverable levels of lead; a waste listed in Section

726.Appendix L of this Part must contain recoverable levels

of nickel or chromium, a waste listed in Section

726.Appendix M of this Part must contain recoverable levels

of mercury and contain less that 500 ppm of 35 Ill. Adm.

Code 261.Appendix H organic constituents, and baghouse

bags used to capture metallic dusts emitted by steel

manufacturing must contain recoverable levels of metal;

ii)

The waste does not exhibit the Toxicity Characteristic of 35

Ill. Adm. Code 721.124 for an organic constituent;

iii)

The waste is not a hazardous waste listed in 35 Ill. Adm.

Code 721.Subpart D because it is listed for an organic

constituent, as identified in 35 Ill. Adm. Code 721.Appendix

G; and

iv)

The owner or operator certifies in the one-time notice that

hazardous waste is burned under the provisions of subsection

(c)(3) above of this Section and that sampling and analysis

will be conducted or other information will be obtained as

necessary to ensure continued compliance with these

requirements. Sampling and analysis must be conducted

according to subsection (c)(1)(B) above of this Section, and

records to document compliance with subsection (c)(3) above

of this Section must be kept for at least three years.

The Agency may decide, on a case-by-case basis, that the toxic

organic constituents in a material listed in Section 726.Appendix K

of this Part, 726.Appendix L of this Part, or 726.Appendix M of

this Part that contains a total concentration of more than 500 ppm

toxic organic compounds listed in 35 Ill. Adm. Code 721.Appendix

H may pose a hazard to human health and the environment when

burned in a metal recovery furnace exempt from the requirements of

this Subpart. Under these circumstances, after adequate notice and

opportunity for comment, the metal recovery furnace will become

182

subject to the requirements of this Subpart when burning that

material. In making the hazard determination, the Agency shall

consider the following factors:

The concentration and toxicity of organic constituents in the

material;

ii)

The level of destruction of toxic organic constituents

provided by the furnace; and

iii)

Whether the acceptable ambient levels established in Section

726.Appendix D or E of this Part will be exceeded for any

toxic organic compound that may be emitted based on

dispersion modeling to predict the maximum annual average

off-site ground level concentration.

The standards for direct transfer operations under Section 726.211 apply only to

facilities subject to the permit standards of Section 726.202 or the interim status

standards of Section 726.203.

The management standards for residues under Section 726.212 apply to any BIF

burning hazardous waste.

Owners and operators of smelting, melting, and refining furnaces (including

pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry

furnaces) that process hazardous waste for recovery of economically significant

amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium,

rhodium, ruthenium, or any combination of these metals are conditionally exempt

from reg ulation regulation under this Subpart, except for Section 726.212. To be

exempt from Sections 726.202 through 726.211, an owner or operator shall:

Provide a one-time written notice to the Agency indicating the following:

The owner or operator claims exemption under this Section,

The hazardous waste is burned for legitimate recovery of precious

metal, and

The owner or operator will comply with the sampling and analysis

and recordkeeping requirements of this Section;

Sample and analyze the hazardous waste, as necessary, to document that the

waste is burned for recovery of economically significant amounts of precious

metal, using procedures specified by Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods, SW-846, incorporated by reference in

183

35 Ill. Adm. Code 720.111, or alternative methods that meet or exceed the

SW-846 method performance capabilities. If SW-846 does not prescribe a

method for a particular determination, the owner or operator shall use the

best available method; and

Maintain, at the facility for at least three years, records to document that all

hazardous wastes burned are burned for recovery of economically significant

amounts of precious metal.

Abbreviations and definitions. The following definitions and abbreviations are used

in this Subpart:

“APCS” means air pollution control system.

“BIF” means boiler or industrial furnace.

“Carcinogenic metals” means arsenic, beryllium, cadmium, and chromium.

“CO” means carbon monoxide.

“Continuous monitor” is a monitor that continuously samples the regulated

parameter without interruption, that evaluates the detector response at least

once each 15 seconds, and that computes and records the average value at

least every 60 seconds.

“DRE” means destruction or removal efficiency.

“cu m” or “m

” means cubic meters.

“E” means “ten to the power”. For example, “XE-Y” means “X times ten

to the -Y power”.

“Feed rates” are measured as specified in Section 726.202(e)(6).

“Good engineering practice stack height” is as defined by 40 CFR

51.100(ii), incorporated by reference in 35 Ill. Adm. Code 720.111.

“HC” means hydrocarbon.

“HCl” means hydrogen chloride gas.

“Hourly rolling average” means the arithmetic mean of the 60 most recent

one-minute average values recorded by the continuous monitoring system.

“K” means Kelvin.

184

“kVA” means kilovolt amperes.

“MEI” means maximum exposed individual.

“MEI location” means the point with the maximum annual average off-site

(unless on-site is required) ground level concentration.

“Noncarcinogenic metals” means antimony, barium, lead, mercury,

thallium, and silver.

“One hour block average” means the arithmetic mean of the one minute

averages recorded during the 60-minute period beginning at one minute after

the beginning of preceding clock hour

“PIC” means product of incomplete combustion.

“PM” means particulate matter.

“POHC” means principal organic hazardous constituent.

“ppmv” means parts per million by volume.

“QA/QC” means quality assurance and quality control.

“Rolling average for the selected averaging period” means the arithmetic

mean of one hour block averages for the averaging period.

“RAC” means reference air concentration, the acceptable ambient level for

the noncarcinogenic metals for purposes of this Subpart. RACs are specified

in Section 726.Appendix D of this Part.

“RSD” means risk-specific dose, the acceptable ambient level for the

carcinogenic metals for purposes of this Subpart. RSDs are specified in

Section 726.Appendix E of this Part.

“SSU” means “Saybolt Seconds Universal”, a unit of viscosity measured by

ASTM D 88-87 or D 2161-87, incorporated by reference in 35 Ill. Adm.

Code 720.111.

“TCLP test” means the toxicity characteristic leaching procedure of 35 Ill.

Adm. Code 721.124.

“TESH” means terrain-adjusted effective stack height (in meters).

185

“Tier I”. See Section 726.206(b).

“Tier II”. See Section 726.206(c).

“Tier III”. See Section 726.206(d).

“Toxicity equivalence” is estimated, pursuant to Section 726.204(e), using

“Procedures for Estimating the Toxicity Equivalence of Chlorinated

Dibenzo-p-Dioxin and Dibenzofuran Congeners” in Section 726.Appendix I

of this Part.

“mg” means microgram.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 728

LAND DISPOSAL RESTRICTIONS

SUBPART A: GENERAL

Section

728.101

Purpose, Scope and Applicability

728.102

Definitions

728.103

Dilution Prohibited as a Substitute for Treatment

728.104

Treatment Surface Impoundment Exemption

728.105

Procedures for case-by-case Extensions to an Effective Date

728.106

Petitions to Allow Land Disposal of a Waste Prohibited under Subpart C

728.107

Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters,

and Disposal Facilities

728.108

Landfill and Surface Impoundment Disposal Restrictions (Repealed)

728.109

Special Rules for Characteristic Wastes

SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND

ESTABLISHMENT OF TREATMENT STANDARDS

Section

728.110

First Third (Repealed)

728.111

Second Third (Repealed)

728.112

Third Third (Repealed)

728.113

Newly Listed Wastes

728.114

Surface Impoundment exemptions

186

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section

728.130

Waste Specific Prohibitions -- Wood Preserving Wastes

728.131

Waste Specific Prohibitions -- Dioxin-Containing Wastes

728.132

Waste Specific Prohibitions -- California List Wastes (Repealed)

728.133

Waste-Specific Prohibitions -- Organobromine Wastes

728.134

Waste-Specific Prohibitions -- Toxicity Characteristic Metal Wastes

728.135

Waste Specific Prohibitions -- Petroleum Refining Wastes

728.136

Waste Specific Prohibitions -- Newly Listed Wastes (Repealed)

728.137

Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic Wastes

Whose Treatment Standards Were Vacated

728.138

Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic

Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production

Wastes

728.139

Waste-Specific Prohibitions: End-of-pipe CWA, CWA-Equivalent, and Class I

Nonhazardous Waste Injection Well Treatment Standards; Spent Aluminum

Potliners; and Carbamate Wastes

SUBPART D: TREATMENT STANDARDS

Section

728.140

Applicability of Treatment Standards

728.141

Treatment Standards Expressed as Concentrations in Waste Extract

728.142

Treatment Standards Expressed as Specified Technologies

728.143

Treatment Standards Expressed as Waste Concentrations

728.144

Adjustment of Treatment Standard

728.145

Treatment Standards for Hazardous Debris

728.146

Alternative Treatment Standards Based on HTMR

728.148

Universal Treatment Standards

728.149 Alternative LDR Treatment Standards for Contaminated Soil

SUBPART E: PROHIBITIONS ON STORAGE

Section

728.150

Prohibitions on Storage of Restricted Wastes

728.Appendix A

Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)

728.Appendix B

Treatment Standards (As concentrations in the Treatment Residual

Extract) (Repealed)

728.Appendix C

List of Halogenated Organic Compounds (Repealed)

728.Appendix D

Wastes Excluded from Lab Packs

728.Appendix E

Organic Lab Packs (Repealed)

728.Appendix F

Technologies to Achieve Deactivation of Characteristics

728.Appendix G

Federal Effective Dates

728.Appendix H

National Capacity LDR Variances for UIC Wastes

728.Appendix I

EP Toxicity Test Method and Structural Integrity Test

187

728.Appendix J

Recordkeeping, Notification, and Certification Requirements (Repealed)

728.Appendix K

Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit

According to Section 728.103(c)

728.Table A

Constituent Concentrations in Waste Extract (CCWE)

728.Table B

Constituent Concentrations in Wastes (CCW)

728.Table C

Technology Codes and Description of Technology-Based Standards

728.Table D

Technology-Based Standards by RCRA Waste Code

728.Table E

Standards for Radioactive Mixed Waste

728.Table F

Alternative Treatment Standards for Hazardous Debris

728.Table G

Alternative Treatment Standards Based on HMTR

728.Table H

Wastes Excluded from CCW Treatment Standards

728.Table I

Generator Paperwork Requirements

728.Table T

Treatment Standards for Hazardous Wastes

728.Table U

Universal Treatment Standards (UTS)

AUTHORITY: Implementing Section 22.4 and authorized by Section 27 of the Environmental

Protection Act [415 ILCS 5/22.4 and 27].

SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended

in R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg.

18403, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6232, effective April

16, 1990; amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990; amended in

R90-10 at 14 Ill. Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill.

Reg. 9462, effective June 17, 1991; amendment withdrawn at 15 Ill. Reg. 14716, October 11,

1991; amended in R91-13 at 16 Ill. Reg. 9619, effective June 9, 1992; amended in R92-10 at

17 Ill. Reg. 5727, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20692,

effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6799, effective April 26,

1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July 29, 1994; amended in R94-17 at

18 Ill. Reg. 17563, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9660,

effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100, August 1, 1996; amended

in R96-10/R97-3/R97-5 at 22 Ill. Reg. 783, effective December 16, 1997; amended in R98-12

at 22 Ill. Reg. 7685, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill.

Reg. 17706, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg.

1964, effective January 19, 1999

; a

mended at 23 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL

Section 728.102

Definitions

When used in this Part, the following terms have the meanings given below. All other terms

have the meanings given under 35 Ill. Adm. Code 702.110, 720.110, or 721.102 through

721.104.

188

“Agency” means the Illinois Environmental Protection Agency.

“Board” means the Illinois Pollution Control Board.

“CERCLA” means the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 USC 9601 et seq.)

“Debris” means solid material exceeding a 60 mm particle size that is intended

for disposal and that is: a manufactured object; plant or animal matter; or

natural geologic material. However, the following materials are not debris:

any material for which a specific treatment standard is provided in Subpart D of

this Part, namely lead acid batteries, cadmium batteries, and radioactive lead

solids; process residuals, such as smelter slag and residues from the treatment of

waste, wastewater, sludges, or air emission residues; and intact containers of

hazardous waste that are not ruptured and that retain at least 75 percent of their

original volume. A mixture of debris that has not been treated to the standards

provided by Section 728.145 of this Part and other material is subject to

regulation as debris if the mixture is comprised primarily of debris, by volume,

based on visual inspection.

“End-of-pipe” refers to the point where effluent is discharged to the

environment.

“Halogenated organic compounds” or “HOCs” means those compounds having

a carbon-halogen bond that are listed under Section 728.Appendix C of this Part.

“Hazardous constituent or constituents” means those constituents listed in 35 Ill.

Adm. Code 721.Appendix H.

“Hazardous debris” means debris that contains a hazardous waste listed in 35

Ill. Adm. Code 721.Subpart D or that exhibits a characteristic of hazardous

waste identified in 35 Ill. Adm. Code 721.Subpart C.

“Inorganic metal-bearing waste” is one for which USEPA has established

treatment standards for metal hazardous constituents that does not otherwise

contain significant organic or cyanide content, as described in Section

728.103(b)(1), and which is specifically listed in Section 728.Appendix K of this

Part.

“Inorganic solid debris” are nonfriable inorganic solids that are incapable of

passing through a 9.5 mm standard sieve and that require cutting or crushing

and grinding in mechanical sizing equipment prior to stabilization, limited to the

following inorganic or metal materials:

189

Metal slags (either dross or scoria).

Glassified slag.

Glass.

Concrete (excluding cementitious or pozzolanic stabilized hazardous

wastes).

Masonry and refractory bricks.

Metal cans, containers, drums, or tanks.

Metal nuts, bolts, pipes, pumps, valves, appliances, or industrial

equipment.

Scrap metal, as defined in 35 Ill. Adm. Code 721.101(c)(6).

“Land disposal” means placement in or on the land, except in a corrective

action management unit or staging pile, and “land disposal” includes, but is not

limited to, placement in a landfill, surface impoundment, waste pile, injection

well, land treatment facility, salt dome formation, salt bed formation,

underground mine, or cave, or placement in a concrete vault or bunker intended

for disposal purposes.

“Nonwastewaters” are wastes that do not meet the criteria for “wastewaters” in

this Section.

“Polychlorinated biphenyls” or “PCBs” are halogenated organic compounds

defined in accordance with 40 CFR 761.3, incorporated by reference in 35 Ill.

Adm. Code 720.111.

“ppm” means parts per million.

“RCRA corrective action” means corrective action taken under 35 Ill. Adm.

Code 724.200 or 725.193, 40 CFR 264.100 or 265.93 (1996), or similar

regulations in other States with RCRA programs authorized by USEPA pursuant

to 40 CFR 271 (1996).

“Soil” means unconsolidated earth material composing the superficial geologic

strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size

particles, as classified by the U.S. Soil Conservation Service, or a mixture of

such materials with liquids, sludges, or solids that is inseparable by simple

mechanical removal processes and which is made up primarily of soil by

volume based on visual inspection.

190

“Stormwater impoundments” are surface impoundments that receive wet

weather flow and which receive process waste only during wet weather events.

“Underlying hazardous constituent” means any constituent listed in Table U of

this Part, “Universal Treatment Standards (UTS)”, except fluoride, selenium,

sulfides, vanadium, and zinc, that can reasonably be expected to be present at

the point of generation of the hazardous waste at a concentration above the

constituent-specific UTS treatment standard.

“U.S. EPA” or “USEPA” or “U.S. EPA” means the United States

Environmental Protection Agency.

“Wastewaters” are wastes that contain less than 1 percent by weight total

organic carbon (TOC) and less than 1 percent by weight total suspended solids

(TSS).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART C: PROHIBITION ON LAND DISPOSAL

Section 728.139

Waste-Specific Prohibitions: End-of-pipe CWA, CWA-Equivalent, and

Class I Nonhazardous Waste Injection Well Treatment Standards; Spent

Aluminum Potliners; and Carbamate Wastes

The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA Hazardous

Waste numbers K156-K159 and K161; and in 35 Ill. Adm. Code 721.133 as

USEPA hazardous waste numbers P127, P128, P185, P188 through P192,

P194, P196 through P199, P201 through P205, U271, U278 through U280,

U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409

through U411 are prohibited from land disposal. In addition, soil and debris

contaminated with these wastes are prohibited from land disposal.

The wastes identified in 35 Ill. Adm. Code 721.123 as USEPA hazardous waste

number D003 are prohibited from land disposal, other than those that are

managed in a system whose discharge is regulated under 35 Ill. Adm.

Code:Subtitle C, one that injects hazardous waste in Class I waste injection well

regulated under 35 Ill. Adm. Code 702, 704, and 730, or one that is a zero

discharger that engages in federal Clean Water Act (CWA)-equivalent treatment

before ultimate land disposal. This prohibition does not apply to unexploded

ordnance and other explosive devices that have been the subject of an

emergency response. (Such D003 wastes are prohibited unless they meet the

treatment standard of DEACT before land disposal (see Section 728.140)).

191

The wastes specified in 35 Ill. Adm. Code 721.132 as USEPA hazardous waste

number K088 are prohibited from land disposal. In addition, soil and debris

contaminated with these wastes are prohibited from land disposal.

Effective April 8, 1998, radioactive Radioactive wastes mixed with waste

designated by any of USEPA hazardous waste numbers K088, K156 through

K159, K161, P127, P128, P185, P188 through P192, P194, P196 through

P199, P201 through P205, U271, U278 through U280, U364, U367, U372,

U373, U387, U389, U394, U395, U404, and U409 through U411 are

prohibited from land disposal. In addition, soil and debris contaminated with

these radioactive mixed wastes are prohibited from land disposal.

Until April 8, 1998, the wastes included in subsections (a), (b), (c), and (d) of

this Section may be disposed in a landfill or surface impoundment only if such

unit complies with the requirements of Section 728.105(h)(2).This subsection

corresponds with 40 CFR 268.39(e), which expired by its own terms after April

8, 1998. This statement maintains structural parity with the federal regulations.

The requirements of subsections (a), (b), (c), and (d) of this Section do not

apply if:

The wastes meet the applicable treatment standards specified in Subpart

D of this Part;

The person conducting the disposal has been granted an exemption from

a prohibition under a petition pursuant to Section 728.106, with respect

to those wastes and units covered by the petition;

The wastes meet the applicable alternative treatment standards

established pursuant to a petition granted under Section 728.144; or

The person conducting the disposal has been granted an extension to the

effective date of a prohibition pursuant to Section 728.105, with respect

to those wastes covered by the extension.

To determine whether a hazardous waste identified in this Section exceeds the

applicable treatment standards set forth in Section 728.140, the initial generator

must shall test a sample of the waste extract or the entire waste, depending on

whether the treatment standards are expressed as concentrations in the waste

extract or in the waste, or the generator may use knowledge of the waste. If a

waste contains constituents in excess of the applicable 728.Subpart D levels, the

waste is prohibited from land disposal and all requirements of this Part are

applicable to the waste, except as otherwise specified.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

192

SUBPART D: TREATMENT STANDARDS

Section 728.140

Applicability of Treatment Standards

A prohibited waste identified in Table T of this Part, “Treatment Standards for

Hazardous Wastes”, may be land disposed only if it meets the requirements

found in that Section. For each waste, Table T of this Part identifies one of

three types of treatment standard requirements:

All hazardous constituents in the waste or in the treatment residue must

be at or below the values found in that Section for that waste (“total

waste standards”);

The hazardous constituents in the extract of the waste or in the extract of

the treatment residue must be at or below the values found in that

Section (“waste extract standards”); or

The waste must be treated using the technology specified in that Section

(“technology standard”), which is described in detail in Table C of this

Part, “Technology Codes and Description of Technology-Based

Standards”.

For wastewaters, compliance with concentration level standards is based on

maximums for any one day, except for D004 through D011 wastes for which

the previously promulgated treatment standards based on grab samples remain in

effect. For all nonwastewaters, compliance with concentration level standards is

based on grab sampling. For wastes covered by the waste extract standards, the

test Method 1311, the Toxicity Characteristic Leaching Procedure, found in

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication SW-846, incorporated by reference in Section 720.111,

must be used to measure compliance. An exception is made for D004 and

D008, for which either of two test methods may be used: Method 1311 or

Method 1310, the Extraction Procedure Toxicity Test, found in “Test Methods

for Evaluating Solid Waste, Physical/Chemical Methods”, USEPA Publication

SW-846, incorporated by reference in Section 720.111. For wastes covered by

a technology standard, the wastes may be land disposed after being treated using

that specified technology or an equivalent treatment technology approved by the

Agency pursuant to Section 728.142(b).

When wastes with differing treatment standards for a constituent of concern are

combined for purposes of treatment, the treatment residue must meet the lowest

treatment standard for the constituent of concern.

193

Notwithstanding the prohibitions specified in subsection (a) of this Section,

treatment and disposal facilities may demonstrate (and certify pursuant to 35 Ill.

Adm. Code 728.107(b)(5)) compliance with the treatment standards for organic

constituents specified by a footnote in Table T of this Part, provided the

following conditions are satisfied:

The treatment standards for the organic constituents were established

based on incineration in units operated in accordance with the technical

requirements of 35 Ill. Adm. Code 724.Subpart O, or based on

combustion in fuel substitution units operating in accordance with

applicable technical requirements;

The treatment or disposal facility has used the methods referenced in

subsection (d)(1) of this Section to treat the organic constituents; and

The treatment or disposal facility may demonstrate compliance with

organic constituents if good-faith analytical efforts achieve detection

limits for the regulated organic constituents that do not exceed the

treatment standards specified in this Section and Table T of this Part by

an order of magnitude.

For a characteristic waste (USEPA hazardous waste number D001 through

D043) that is subject to treatment standards set forth in Table T of this Part,

“Treatment Standards for Hazardous Wastes”, and the waste is not managed in

a wastewater treatment system that is either regulated under the Clean Water

Act (CWA) or one that is CWA-equivalent or the waste is injected into a Class I

nonhazardous non-hazardous deep injection well, all underlying hazardous

constituents (as defined in Section 728.102(i)) must meet the universal treatment

standards, set forth in Table U of this Part prior to land disposal, as defined in

Section 728.102(c).

The treatment standards for USEPA hazardous waste numbers F001 through

F005 nonwastewater constituents carbon disulfide, cyclohexanone, or methanol

apply to wastes that contain only one, two, or three of these constituents.

Compliance is measured for these constituents in the waste extract from test

Method 1311, the Toxicity Characteristic Leaching Procedure found in “Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods”, USEPA

Publication SW-846, incorporated by reference in Section 720.111. If the waste

contains any of these three constituents along with any of the other 25

constituents found in USEPA hazardous waste numbers F001 through F005,

then compliance with treatment standards for carbon disulfide, cyclohexanone,

or methanol are not required.

This subsection corresponds with 40 CFR 268.40(g), added at 61 Fed. Reg.

43927 (Aug. 26, 1996), which has expired. This statement maintains structural

194

consistency with the federal rules.

Prohibited USEPA hazardous waste numbers D004 through D011, mixed

radioactive wastes, and mixed radioactive listed wastes containing metal

constituents that were previously treated by stabilization to the treatment

standards in effect at that time and then put into storage do not have to be re-

treated to meet treatment standards in this Section prior to land disposal.

Zinc-containing fertilizers that are produced for the use of the general public

and which are produced from or contain recycled characteristic hazardous

wastes (D004 through D011) are subject to the applicable treatment standards

set forth in 40 CFR 268.41 (1990), incorporated by reference in 35 Ill. Adm.

Code 720.111(b).

BOARD NOTE: USEPA added 40 CFR 268.40(i) at 63 Fed. Reg. 46331

(Aug. 31, 1998) to stay the Phase IV land disposal restrictions (LDRs) as they

apply to zinc-containing fertilizers while it develops a more comprehensive set

of regulations applicable to use of hazardous waste in making fertilizers. To

effect the stay, USEPA applied the 1990 LDR standards to the affected

materials.

j) The treatment standards for the wastes specified in 35 Ill. Adm. Code 721.133

as USEPA hazardous waste numbers P185, P191, P192, P197, U364, U394,

and U395 may be satisfied by either meeting the constituent concentrations

presented in Table T of this Part, “Treatment Standards for Hazardous Wastes,”

or by treating the waste by the following technologies: combustion, as defined

by the technology code CMBST at Table C, for nonwastewaters, and

biodegradation, as defined by the technology code BIODG; carbon adsorption,

as defined by the technology code CARBN; chemical oxidation, as defined by

the technology code CHOXD; or combustion, as defined as technology code

CMBST at Table C, for wastewaters.

BOARD NOTE: USEPA added a second 40 CFR 268.40(i) at 63 Fed. Reg.

46415 (Sep. 4, 1998) to indefinitely extend the alternative treatment standards

for seven carbamate wastes. The Board has incorporated this later-adopted

duplicate subsection (i) as subsection (j).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

SUBPART E: PROHIBITIONS ON STORAGE

Section 728.150

Prohibitions on Storage of Restricted Wastes

Except as provided in this Section, the storage of hazardous wastes restricted from

195

land disposal under Subpart C of this Part is prohibited, unless the following

conditions are met:

A generator stores such wastes in tanks, containers, or containment buildings

on-site solely for the purpose of the accumulation of such quantities of

hazardous waste as necessary to facilitate proper recovery, treatment, or

disposal and the generator complies with the requirements in 35 Ill. Adm.

Code 722.134 and 35 Ill. Adm. Code 724 and 725. (A generator who that

is in existence on the effective date of a regulation under this Part and who

which must store hazardous wastes for longer than 90 days due to the

regulations under this Part becomes an owner or operator of a storage

facility and must shall obtain a RCRA permit, as required by 35 Ill. Adm.

Code 703. Such a facility may qualify for interim status upon compliance

with the regulations governing interim status under 35 Ill. Adm. Code

703.153.)

An owner or operator of a hazardous waste treatment, storage, or disposal

facility stores such wastes in tanks, containers, or contaiment containment

buildings solely for the purpose of the accumulation of such quantities of

hazardous waste as necessary to facilitate proper recovery, treatment, or

disposal and;

Each container is clearly marked to identify its contents and the date

each period of accumulation begins;

Each tank is clearly marked with a description of its contents, the

quantity of each hazardous waste received and the date each period

of accumulation begins, or such information is recorded and

maintained in the operating record at the facility. Regardless of

whether the tank itself is marked, the owner and operator shall

comply with the operating record requirements of 35 Ill. Adm. Code

724.173 or 725.173.

A transporter stores manifested shipments of such wastes at a transfer facility

for 10 days or less.

An owner or operator of a treatment, storage, or disposal facility may store such

wastes for up to one year unless the Agency can demonstrate that such storage was

not solely for the purpose of accumulation of such quantities of hazardous waste as

are necessary to facilitate proper recovery, treatment, or disposal.

An owner or operator of a treatment, storage, or disposal facility may store wastes

beyond one year; however, the owner or operator bears the burden of proving that

such storage was solely for the purpose of accumulation of such quantities of

hazardous waste as are necessary to facilitate proper recovery, treatment, or

196

disposal.

If a generator’s waste is exempt from a prohibition on the type of land disposal

utilized for the waste (for example, because of an approved case-by-case extension

under 40 CFR 268.5, incorporated by reference in Section 728.105, an approved

Section 728.106 petition or a national capacity variance under 40 CFR 268, Subpart

C, the prohibition in subsection (a) does not apply during the period of such

exemption.

The prohibition in subsection (a) does not apply to hazardous wastes that meet the

treatment standards specified under Sections 728.141, 728.142 and 728.143 or the

adjusted treatment standards specified under Section 728.144, or, where treatment

standards have not been specified, the waste is in compliance with the applicable

prohibitions specified in Section 728.132 or 728.139.

Liquid hazardous wastes containing PCBs at concentrations greater than or equal to

50 ppm must be stored at a facility that meets the requirements of 40 CFR

761.65(b), incorporated by reference in 35 Ill. Adm. Code 720.111, and must be

removed from storage and treated or disposed as required by the Part within one

year of the date when such wastes are first placed into storage. The provisions of

subsection (c) above of this Section do not apply to such PCB wastes prohibited

under Section 728.132.

The prohibition and requirements in this Section do not apply to hazardous

remediation wastes stored in a staging pile approved pursuant to 35 Ill. Adm. Code 724.654.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 728.Table T

Treatment Standards for Hazardous Wastes

Note: The treatment standards that heretofore appeared in tables in Sections 728.141,

728.142, and 728.143 have been consolidated into this table.

Waste Code

Waste Description and Treatment or Regulatory Subcategory

Regulated Hazardous Constituent

Wastewaters

Nonwastewaters

Common Name

CAS

Number

Concentration in

mg/l

; or Techno-

logy Code

Concentration in

mg/kg

unless

noted as “mg/l

TCLP”; or Tech-

nology Code

D001

Ignitable Characteristic Wastes, except for the 35 Ill. Adm. Code 721.121(a)(1) High TOC

197

Subcategory.

DEACT and meet

Section 728.148

standards;

RORGS; or

CMBST

DEACT and meet

Section 728.148

standards;

RORGS; or

CMBST

D001

High TOC Ignitable Characteristic Liquids Subcategory based on 35 Ill. Adm. Code

721.121(a)(1) - Greater than or equal to 10 percent total organic carbon.

(Note: This subcategory consists of nonwastewaters only.)

RORGS; CMBST;

or POLYM

D002

Corrosive Characteristic Wastes.

DEACT and meet

Section 728.148

standards

DEACT and meet

Section 728.148

standards

D002, D004, D005, D006, D007, D008, D009, D010, D011

Radioactive high level wastes generated during the reprocessing of fuel rods.

(Note: This subcategory consists of nonwastewaters only.)

Corrosivity (pH)

HLVIT

Arsenic

7440-38-2

HLVIT

Barium

7440-39-3

HLVIT

Cadmium

7440-43-9

HLVIT

Chromium (Total)

7440-47-3

HLVIT

Lead

7439-92-1

HLVIT

Mercury

7439-97-6

HLVIT

Selenium

7782-49-2

HLVIT

Silver

7440-22-4

HLVIT

D003

Reactive Sulfides Subcategory based on 35 Ill. Adm. Code 721.123(a)(5).

DEACT

D003

Explosive subcategory based on 35 Ill. Adm. Code 721.123(a)(6), (a)(7), and (a)(8).

DEACT and meet

Section 728.148

standards

DEACT and meet

Section 728.148

standards

D003

Unexploded ordnance and other explosive devices that have been the subject of an emergency

198

response.

DEACT

D003

Other Reactives Subcategory based on 35 Ill. Adm. Code 721.123(a)(1).

DEACT and meet

Section 728.148

standards

DEACT and meet

Section 728.148

standards

D003

Water Reactive Subcategory based on 35 Ill. Adm. Code 721.123(a)(2), (a)(3), and (a)(4).

(Note: This subcategory consists of nonwastewaters only.)

DEACT and meet

Section 728.148

standards

D003

Reactive Cyanides Subcategory based on 35 Ill. Adm. Code 721.123(a)(5).

Cyanides (Total)

57-12-5

590

Cyanides (Amenable)

57-12-5

0.86

D004

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for arsenic based

on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Arsenic

7440-38-2

1.4 and meet

Section 728.148

standards

5.0 mg/l TCLP

and meet Section

728.148 standards

D005

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for barium based

on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Barium

7440-39-3

1.2 and meet

Section 728.148

standards

21 mg/l TCLP and

meet Section

728.148 standards

D006

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for cadmium based

on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Cadmium

7440-43-9

0.69 and meet

Section 728.148

standards

0.11 mg/l TCLP

and meet Section

728.148 standards

199

D006

Cadmium-Containing Batteries Subcategory

(Note: This subcategory consists of nonwastewaters only.)

Cadmium

7440-43-9

RTHRM

D007

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for chromium

based on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Chromium (Total)

7440-47-3

2.77 and meet

Section 728.148

standards

0.60 mg/l TCLP

and meet Section

728.148 standards

D008

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for lead based on

the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Lead

7439-92-1

0.69 and meet

Section 728.148

standards

0.75 mg/l TCLP

and meet Section

728.148 standards

D008

Lead Acid Batteries Subcategory

(Note: This standard only applies to lead acid batteries that are identified as RCRA hazardous

wastes and that are not excluded elsewhere from regulation under the land disposal restrictions

of this Part or exempted under other regulations (see 35 Ill. Adm. Code 726.180). This

subcategory consists of nonwastewaters only.)

Lead

7439-92-1

RLEAD

D008

Radioactive Lead Solids Subcategory

(Note: These lead solids include, but are not limited to, all forms of lead shielding and other

elemental forms of lead. These lead solids do not include treatment residuals such as

hydroxide sludges, other wastewater treatment residuals, or incinerator ashes that can undergo

conventional pozzolanic stabilization, nor do they include organo-lead materials that can be

incinerated and stabilized as ash. This subcategory consists of nonwastewaters only.)

Lead

7439-92-1

MACRO

D009

Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for

mercury based on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method

1311; and contain greater than or equal to 260 mg/kg total mercury that also contain organics

and are not incinerator residues. (High Mercury-Organic Subcategory)

Mercury

7439-97-6

IMERC; or

RMERC

200

D009

Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for

mercury based on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method

1311; and contain greater than or equal to 260 mg/kg total mercury that are inorganic,

including incinerator residues and residues from RMERC. (High Mercury-Inorganic

Subcategory)

Mercury

7439-97-6

RMERC

D009

Nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity for

mercury based on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method

1311; and contain less than 260 mg/kg total mercury. (Low Mercury Subcategory)

Mercury

7439-97-6

0.20 mg/l TCLP

and meet Section

728.148 standards

D009

All other nonwastewaters that exhibit, or are expected to exhibit, the characteristic of toxicity

for mercury based on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method

1311; and contain less than 260 mg/kg total mercury and that are not residues from RMERC.

(Low Mercury Subcategory)

Mercury

7439-97-6

0.025 mg/l TCLP

and meet Section

728.148 standards

D009

All D009 wastewaters.

Mercury

7439-97-6

0.15 and meet

Section 728.148

standards

D009

Elemental mercury contaminated with radioactive materials.

(Note: This subcategory consists of nonwastewaters only.)

Mercury

7439-97-6

AMLGM

D009

Hydraulic oil contaminated with Mercury Radioactive Materials Subcategory.

(Note: This subcategory consists of nonwastewaters only.)

Mercury

7439-97-6

IMERC

201

D010

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for selenium based

on the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

and meet Section

728.148 standards

D011

Wastes that exhibit, or are expected to exhibit, the characteristic of toxicity for silver based on

the toxicity characteristic leaching procedure (TCLP) in SW-846 Method 1311.

Silver

7440-22-4

0.43

0.14 mg/l TCLP

and meet Section

728.148 standards

D012

Wastes that are TC for Endrin based on the toxicity characteristic leaching procedure (TCLP)

in SW-846 Method 1311.

Endrin

72-20-8

BIODG; or

CMBST

0.13 and meet

Section 728.148

standards

Endrin aldehyde

7421-93-4

BIODG; or

CMBST

0.13 and meet

Section 728.148

standards

D013

Wastes that are TC for Lindane based on the toxicity characteristic leaching procedure (TCLP)

in SW-846 Method 1311.

-BHC

319-84-6

CARBN; or

CMBST

0.066 and meet

Section 728.148

standards

-BHC

319-85-7

CARBN; or

CMBST

0.066 and meet

Section 728.148

standards

-BHC

319-86-8

CARBN; or

CMBST

0.066 and meet

Section 728.148

standards

-BHC (Lindane)

58-89-9

CARBN; or

CMBST

0.066 and meet

Section 728.148

standards

202

D014

Wastes that are TC for Methoxychlor based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Methoxychlor

72-43-5

WETOX or

CMBST

0.18 and meet

Section 728.148

standards

D015

Wastes that are TC for Toxaphene based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Toxaphene

8001-35-2

BIODG or

CMBST

2.6 and meet

Section 728.148

standards

D016

Wastes that are TC for 2,4-D (2,4-Dichlorophenoxyacetic acid) based on the toxicity

characteristic leaching procedure (TCLP) in SW-846 Method 1311.

2,4-D (2,4-Dichlorophenoxy-

acetic acid)

94-75-7

CHOXD; BIODG;

or CMBST

10 and meet

Section 728.148

standards

D017

Wastes that are TC for 2,4,5-TP (Silvex) based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

2,4,5-TP (Silvex)

93-72-1

CHOXD or

CMBST

7.9 and meet

Section 728.148

standards

D018

Wastes that are TC for Benzene based on the toxicity characteristic leaching procedure (TCLP)

in SW-846 Method 1311.

Benzene

71-43-2

0.14 and meet

Section 728.148

standards

10 and meet

Section 728.148

standards

D019

Wastes that are TC for Carbon tetrachloride based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Carbon tetrachloride

56-23-5

0.057 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

203

D020

Wastes that are TC for Chlordane based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Chlordane (

and

isomers)

57-74-9

0.0033 and meet

Section 728.148

standards

0.26 and meet

Section 728.148

standards

D021

Wastes that are TC for Chlorobenzene based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Chlorobenzene

108-90-7

0.057 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D022

Wastes that are TC for Chloroform based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Chloroform

67-66-3

0.046 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D023

Wastes that are TC for o-Cresol based on the toxicity characteristic leaching procedure (TCLP)

in SW-846 Method 1311.

o-Cresol

95-48-7

0.11 and meet

Section 728.148

standards

5.6 and meet

Section 728.148

standards

D024

Wastes that are TC for m-Cresol based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

m-Cresol

(difficult to distinguish from p-

cresol)

108-39-4

0.77 and meet

Section 728.148

standards

5.6 and meet

Section 728.148

standards

D025

Wastes that are TC for p-Cresol based on the toxicity characteristic leaching procedure (TCLP)

in SW-846 Method 1311.

p-Cresol

(difficult to distinguish from m-

cresol)

106-44-5

0.77 and meet

Section 728.148

standards

5.6 and meet

Section 728.148

standards

204

D026

Wastes that are TC for Cresols (Total) based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Cresol-mixed isomers (Cresylic

acid)

(sum of o-, m-, and p-cresol

concentrations)

1319-77-3

0.88 and meet

Section 728.148

standards

11.2 and meet

Section 728.148

standards

D027

Wastes that are TC for p-Dichlorobenzene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

p-Dichlorobenzene (1,4-

Dichlorobenzene)

106-46-7

0.090 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D028

Wastes that are TC for 1,2-Dichloroethane based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

1,2-Dichloroethane

107-06-2

0.21 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D029

Wastes that are TC for 1,1-Dichloroethylene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

1,1-Dichloroethylene

75-35-4

0.025 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D030

Wastes that are TC for 2,4-Dinitrotoluene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

2,4-Dinitrotoluene

121-14-2

0.32 and meet

Section 728.148

standards

140 and meet

Section 728.148

standards

D031

Wastes that are TC for Heptachlor based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Heptachlor

76-44-8

0.0012 and meet

Section 728.148

standards

0.066 and meet

Section 728.148

standards

Heptachlor epoxide

1024-57-3

0.016 and meet

Section 728.148

standards

0.066 and meet

Section 728.148

standards

205

D032

Wastes that are TC for Hexachlorobenzene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Hexachlorobenzene

118-74-1

0.055 and meet

Section 728.148

standards

10 and meet

Section 728.148

standards

D033

Wastes that are TC for Hexachlorobutadiene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Hexachlorobutadiene

87-68-3

0.055 and meet

Section 728.148

standards

5.6 and meet

Section 728.148

standards

D034

Wastes that are TC for Hexachloroethane based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Hexachloroethane

67-72-1

0.055 and meet

Section 728.148

standards

30 and meet

Section 728.148

standards

D035

Wastes that are TC for Methyl ethyl ketone based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Methyl ethyl ketone

78-93-3

0.28 and meet

Section 728.148

standards

36 and meet

Section 728.148

standards

D036

Wastes that are TC for Nitrobenzene based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Nitrobenzene

98-95-3

0.068 and meet

Section 728.148

standards

14 and meet

Section 728.148

standards

D037

Wastes that are TC for Pentachlorophenol based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Pentachlorophenol

87-86-5

0.089 and meet

Section 728.148

standards

7.4 and meet

Section 728.148

standards

D038

Wastes that are TC for Pyridine based on the toxicity characteristic leaching procedure (TCLP)

206

in SW-846 Method 1311.

Pyridine

110-86-1

0.014 and meet

Section 728.148

standards

16 and meet

Section 728.148

standards

D039

Wastes that are TC for Tetrachloroethylene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Tetrachloroethylene

127-18-4

0.056 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D040

Wastes that are TC for Trichloroethylene based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

Trichloroethylene

79-01-6

0.054 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

D041

Wastes that are TC for 2,4,5-Trichlorophenol based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

2,4,5-Trichlorophenol

95-95-4

0.18 and meet

Section 728.148

standards

7.4 and meet

Section 728.148

standards

D042

Wastes that are TC for 2,4,6-Trichlorophenol based on the toxicity characteristic leaching

procedure (TCLP) in SW-846 Method 1311.

2,4,6-Trichlorophenol

88-06-2

0.035 and meet

Section 728.148

standards

7.4 and meet

Section 728.148

standards

D043

Wastes that are TC for Vinyl chloride based on the toxicity characteristic leaching procedure

(TCLP) in SW-846 Method 1311.

Vinyl chloride

75-01-4

0.27 and meet

Section 728.148

standards

6.0 and meet

Section 728.148

standards

F001, F002, F003, F004 & F005

F001, F002, F003, F004, or F005 solvent wastes that contain any combination of one or more

of the following spent solvents: acetone, benzene, n-butyl alcohol, carbon disulfide, carbon

tetrachloride, chlorinated fluorocarbons, chlorobenzene, o-cresol, m-cresol, p-cresol, cyclo-

hexanone, o-dichlorobenzene, 2-ethoxyethanol, ethyl acetate, ethyl benzene, ethyl ether,

207

isobutyl alcohol, methanol, methylene chloride, methyl ethyl ketone, methyl isobutyl ketone,

nitrobenzene, 2-nitropropane, pyridine, tetrachloroethylene, toluene, 1,1,1-trichloroethane,

1,1,2-trichloroethane, 1,1,2-trichloro-1,2,2-trifluoroethane, trichloroethylene, trichloromono-

fluoromethane, or xylenes (except as specifically noted in other subcategories). See further

details of these listings in 35 Ill. Adm. Code 721.131

Acetone

67-64-1

0.28

160

Benzene

71-43-2

0.14

n-Butyl alcohol

71-36-3

5.6

2.6

Carbon disulfide

75-15-0

3.8

Carbon tetrachloride

56-23-5

0.057

6.0

Chlorobenzene

108-90-7

0.057

6.0

o-Cresol

95-48-7

0.11

5.6

m-Cresol

(difficult to distinguish from p-

cresol)

108-39-4

0.77

5.6

p-Cresol

(difficult to distinguish from m-

cresol)

106-44-5

0.77

5.6

Cresol-mixed isomers (Cresylic

acid)

(sum of o-, m-, and p-cresol

concentrations)

1319-77-3

0.88

11.2

Cyclohexanone

108-94-1

0.36

o-Dichlorobenzene

95-50-1

0.088

6.0

Ethyl acetate

141-78-6

0.34

Ethyl benzene

100-41-4

0.057

Ethyl ether

60-29-7

0.12

160

Isobutyl alcohol

78-83-1

5.6

170

Methanol

67-56-1

5.6

Methylene chloride

75-9-2

0.089

Methyl ethyl ketone

78-93-3

0.28

Methyl isobutyl ketone

108-10-1

0.14

Nitrobenzene

98-95-3

0.068

Pyridine

110-86-1

0.014

Tetrachloroethylene

127-18-4

0.056

6.0

Toluene

108-88-3

0.080

1,1,1-Trichloroethane

71-55-6

0.054

6.0

1,1,2-Trichloroethane

79-00-5

0.054

6.0

1,1,2-Trichloro-1,2,2-trifluoro-

ethane

76-13-1

0.057

Trichloroethylene

79-01-6

0.054

6.0

Trichloromonofluoromethane

75-69-4

0.020

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

208

F001, F002, F003, F004 & F005

F003 and F005 solvent wastes that contain any combination of one or more of the following

three solvents as the only listed F001 through F005 solvents: carbon disulfide, cyclohexanone,

or methanol. (Formerly Section 728.141(c))

Carbon disulfide

75-15-0

3.8

4.8 mg/l TCLP

Cyclohexanone

108-94-1

0.36

0.75 mg/l TCLP

Methanol

67-56-1

5.6

0.75 mg/l TCLP

F001, F002, F003, F004 & F005

F005 solvent waste containing 2-Nitropropane as the only listed F001 through F005 solvent.

2-Nitropropane

79-46-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

F001, F002, F003, F004 & F005

F005 solvent waste containing 2-Ethoxyethanol as the only listed F001 through F005 solvent.

2-Ethoxyethanol

110-80-5

BIODG; or

CMBST

F006

Wastewater treatment sludges from electroplating operations except from the following

processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc

plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon

steel; (5) cleaning or stripping associated with tin, zinc, and aluminum plating on carbon steel;

and (6) chemical etching and milling of aluminum.

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

F007

Spent cyanide plating bath solutions from electroplating operations.

Cadmium

7440-43-9

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

209

F008

Plating bath residues from the bottom of plating baths from electroplating operations where

cyanides are used in the process.

Cadmium

7440-43-9

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are

used in the process.

Cadmium

7440-43-9

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are

used in the process.

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

Cadmium

7440-43-9

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

F012

Quenching wastewater treatment sludges from metal heat treating operations where cyanides

are used in the process.

Cadmium

7440-43-9

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

210

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum except from

zirconium phosphating in aluminum can washing when such phosphating is an exclusive

conversion coating process.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

F020, F021, F022, F023, F026

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the

production or manufacturing use (as a reactant, chemical intermediate, or component in a

formulating process) of: (1) tri- or tetrachlorophenol, or of intermediates used to produce

their pesticide derivatives, excluding wastes from the production of Hexachlorophene from

highly purified 2,4,5-trichlorophenol (i.e., F020); (2) pentachlorophenol, or of intermediates

used to produce its derivatives (i.e., F021); (3) tetra-, penta-, or hexachlorobenzenes under

alkaline conditions (i.e., F022) and wastes (except wastewater and spent carbon from hydrogen

chloride purification) from the production of materials on equipment previously used for the

production or manufacturing use (as a reactant, chemical intermediate, or component in a

formulating process) of: (1) tri- or tetrachlorophenols, excluding wastes from equipment used

only for the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol (F023)

or (2) tetra-, penta-, or hexachlorobenzenes under alkaline conditions (i.e., F026).

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

Pentachlorophenol

87-86-5

0.089

7.4

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

F024

Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor

clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free

211

radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon

chain lengths ranging from one to and including five, with varying amounts and positions of

chlorine substitution. (This listing does not include wastewaters, wastewater treatment

sludges, spent catalysts, and wastes listed in 35 Ill. Adm. Code 721.131 or 721.132.)

All F024 wastes

CMBST

2-Chloro-1,3-butadiene

126-99-8

0.057

0.28

3-Chloropropylene

107-05-1

0.036

1,1-Dichloroethane

75-34-3

0.059

6.0

1,2-Dichloroethane

107-06-2

0.21

6.0

1,2-Dichloropropane

78-87-5

0.85

cis-1,3-Dichloropropylene

10061-01-5

0.036

trans-1,3-Dichloropropylene

10061-02-6

0.036

bis(2-Ethylhexyl)phthalate

117-81-7

0.28

Hexachloroethane

67-72-1

0.055

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

F025

Condensed light ends from the production of certain chlorinated aliphatic hydrocarbons by free

radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon

chain lengths ranging from one up to and including five, with varying amounts and positions

of chlorine substitution. F025--Light Ends Subcategory.

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

1,2-Dichloroethane

107-06-2

0.21

6.0

1,1-Dichloroethylene

75-35-4

0.025

6.0

Methylene chloride

75-9-2

0.089

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

Vinyl chloride

75-01-4

0.27

6.0

F025

Spent filters and filter aids, and spent desiccant wastes from the production of certain

chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated

aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and

including five, with varying amounts and positions of chlorine substitution. F025--Spent

Filters/Aids and Desiccants Subcategory.

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Hexachlorobenzene

118-74-1

0.055

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachloroethane

67-72-1

0.055

Methylene chloride

75-9-2

0.089

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

212

Vinyl chloride

75-01-4

0.27

6.0

F027

Discarded unused formulations contianing containing tri-, tetra-, or pentachlorophenol or

discarded unused formulations containing compounds derived from these chlorophenols. (This

listing does not include formulations containing hexachlorophene synthesized from prepurified

2,4,5-trichlorophenol as the sole component.)

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

Pentachlorophenol

87-86-5

0.089

7.4

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with

USEPA hazardous waste numbers F020, F021, F023, F026, and F027.

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

Pentachlorophenol

87-86-5

0.089

7.4

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

213

F032

Wastewaters (except those that have not come into contact with process contaminants), process

residuals, preservative drippage, and spent formulations from wood preserving processes

generated at plants that currently use or have previously used chlorophenolic formulations

(except potentially cross-contaminated wastes that have had the F032 waste code deleted in

accordance with 35 Ill. Adm. Code 721.135 or potentially cross-contaminated wastes that are

otherwise currently regulated as hazardous wastes (i.e., F034 or F035), where the generator

does not resume or initiate use of chlorophenolic formulations). This listing does not include

K001 bottom sediment sludge from the treatment of wastewater from wood preserving

processes that use creosote or penta-chlorophenol.

Acenaphthene

83-32-9

0.059

3.4

Anthracene

120-12-7

0.059

3.4

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)

fluoranthene)

207-08-9

0.11

6.8

Benzo(a)pyrene

50-32-8

0.061

3.4

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

2-4-Dimethyl phenol

105-67-9

0.036

Fluorene

86-73-7

0.059

3.4

Hexachlorodibenzo-p-dioxins

0.000063 or

CMBST

0.001 or CMBST

Hexachlorodibenzofurans

0.000063 or

CMBST

0.001 or CMBST

Indeno (1,2,3-c,d) pyrene

193-39-5

0.0055

3.4

Naphthalene

91-20-3

0.059

5.6

Pentachlorodibenzo-p-dioxins

0.000063 or

CMBST

0.001 or CMBST

Pentachlorodibenzofurans

0.000035 or

CMBST

0.001 or CMBST

Pentachlorophenol

87-86-5

0.089

7.4

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

Tetrachlorodibenzo-p-dioxins

0.000063 or

CMBST

0.001 or CMBST

Tetrachlorodibenzofurans

0.000063 or

CMBST

0.001 or CMBST

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

214

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

F034

Wastewaters (except those that have not come into contact with process contaminants), process

residuals, preservative drippage, and spent formulations from wood preserving processes

generated at plants that use creosote formulations. This listing does not include K001 bottom

sediment sludge from the treatment of wastewater from wood preserving processes that use

creosote or pentachlorophenol.

Acenaphthene

83-32-9

0.059

3.4

Anthracene

120-12-7

0.059

3.4

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(b)fluoranthene (difficult

to distinguish from

benzo(k)fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from

benzo(b)fluoranthene)

207-08-9

0.11

6.8

Benzo(a)pyrene

50-32-8

0.061

3.4

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Fluorene

86-73-7

0.059

3.4

Indeno (1,2,3-c,d) pyrene

193-39-5

0.0055

3.4

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

F035

Wastewaters (except those that have not come into contact with process contaminants), process

residuals, preservative drippage, and spent formulations from wood preserving processes that

are generated at plants that use inorganic preservatives containing arsenic or chromium. This

listing does not include K001 bottom sediment sludge from the treatment of wastewater from

wood preserving processes that use creosote or pentachlorophenol.

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

F037

Petroleum refinery primary oil/water/solids separation sludge--Any sludge generated from the

gravitational separation of oil/water/solids during the storage or treatment of process

wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include,

but are not limited to, those generated in: oil/water/solids separators; tanks, and

impoundments; ditches, and other conveyances; sumps; and stormwater units receiving dry

weather flow. Sludge generated in stormwater units that do not receive dry weather flow,

sludges generated from non-contact once-through cooling waters segregated for treatment from

215

other process or oily cooling waters, sludges generated in agressive aggressive biological

treatment units as defined in 35 Ill. Adm. Code 721.131(b)(2) (including sludges generated in

one or more additional units after wastewaters have been treated in agressive aggressive

biological treatment units) and K051 wastes are not included in this listing.

Acenaphthene

83-32-9

0.059

Anthracene

120-12-7

0.059

3.4

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Chrysene

218-01-9

0.059

3.4

Di-n-butyl phthalate

84-74-2

0.057

Ethylbenzene

100-41-4

0.057

Fluorene

86-73-7

0.059

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-3

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

F038

Petroleum refinery secondary (emulsified) oil/water/solids separation sludge or float generated

from the physical or chemical separation of oil/water/solids in process wastewaters and oily

cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all

sludges and floats generated in: induced air floatation (IAF) units, tanks, and impoundments,

and all sludges generated in DAF units. Sludges generated in stormwater units that do not

receive dry weather flow, sludges generated from non-contact once-through cooling waters

segregated for treatment from other process or oily cooling waters, sludges, and floats

generated in agressive aggressive biological treatment units as defined in 35 Ill. Adm. Code

721.131(b)(2) (including sludges and floats generated in one or more additional units after

wastewaters have been treated in agressive aggressive biological units) and F037, K048, and

K051 are not included in this listing.

Benzene

71-43-2

0.14

Benzo(a)pyrene

50-32-8

0.061

3.4

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Chrysene

218-01-9

0.059

3.4

Di-n-butyl phthalate

84-74-2

0.057

Ethylbenzene

100-41-4

0.057

216

Fluorene

86-73-7

0.059

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-3

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

F039

Leachate (liquids that have percolated through land disposed wastes) resulting from the

disposal of more than one restricted waste classified as hazardous under Subpart D of this

Part. (Leachate resulting from the disposal of one or more of the following USEPA hazardous

wastes and no other hazardous wastes retains its USEPA hazardous waste numbers: F020,

F021, F022, F026, F027, or F028.).

Acenaphthylene

208-96-8

0.059

3.4

Acenaphthene

83-32-9

0.059

3.4

Acetone

67-64-1

0.28

160

Acetonitrile

75-05-8

5.6

Acetophenone

96-86-2

0.010

9.7

2-Acetylaminofluorene

53-96-3

0.059

140

Acrolein

107-02-8

0.29

Acrylonitrile

107-13-1

0.24

Aldrin

309-00-2

0.021

0.066

4-Aminobiphenyl

92-67-1

0.13

Aniline

62-53-3

0.81

Anthracene

120-12-7

0.059

3.4

Aramite

140-57-8

0.36

-BHC

319-84-6

0.00014

0.066

-BHC

319-85-7

0.00014

0.066

-BHC

319-86-8

0.023

0.066

-BHC

58-89-9

0.0017

0.066

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

217

Benzo(g,h,i)perylene

191-24-2

0.0055

1.8

Benzo(a)pyrene

50-32-8

0.061

3.4

Bromodichloromethane

75-27-4

0.35

Methyl bromide (Bromo-

methane)

74-83-9

0.11

4-Bromophenyl phenyl ether

101-55-3

0.055

n-Butyl alcohol

71-36-3

5.6

2.6

Butyl benzyl phthalate

85-68-7

0.017

2-sec-Butyl-4,6-dinitrophenol

(Dinoseb)

88-85-7

0.066

2.5

Carbon disulfide

75-15-0

3.8

Carbon tetrachloride

56-23-5

0.057

6.0

Chlordane (

and

isomers)

57-74-9

0.0033

0.26

p-Chloroaniline

106-47-8

0.46

Chlorobenzene

108-90-7

0.057

6.0

Chlorobenzilate

510-15-6

0.10

2-Chloro-1,3-butadiene

126-99-8

0.057

Chlorodibromomethane

124-48-1

0.057

Chloroethane

75-00-3

0.27

6.0

bis(2-Chloroethoxy)methane

111-91-1

0.036

7.2

bis(2-Chloroethyl)ether

111-44-4

0.033

6.0

Chloroform

67-66-3

0.046

6.0

bis(2-Chloroisopropyl)ether

39638-32-9

0.055

7.2

p-Chloro-m-cresol

59-50-7

0.018

Chloromethane (Methyl

chloride)

74-87-3

0.19

2-Chloronaphthalene

91-58-7

0.055

5.6

2-Chlorophenol

95-57-8

0.044

5.7

3-Chloropropylene

107-05-1

0.036

Chrysene

218-01-9

0.059

3.4

o-Cresol

95-48-7

0.11

5.6

m-Cresol

(difficult to distinguish from p-

cresol)

108-39-4

0.77

5.6

p-Cresol

(difficult to distinguish from m-

cresol)

106-44-5

0.77

5.6

Cyclohexanone

108-94-1

0.36

1,2-Dibromo-3-chloropropane

96-12-8

0.11

Ethylene dibromide (1,2-

Dibromoethane)

106-93-4

0.028

Dibromomethane

74-95-3

0.11

2,4-D (2,4-Dichlorophenoxy-

acetic acid)

94-75-7

0.72

o,p'-DDD

53-19-0

0.023

0.087

218

p,p'-DDD

72-54-8

0.023

0.087

o,p'-DDE

3424-82-6

0.031

0.087

p,p'-DDE

72-55-9

0.031

0.087

o,p'-DDT

789-02-6

0.0039

0.087

p,p'-DDT

50-29-3

0.0039

0.087

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Dibenz(a,e)pyrene

192-65-4

0.061

m-Dichlorobenzene

541-73-1

0.036

6.0

o-Dichlorobenzene

95-50-1

0.088

6.0

p-Dichlorobenzene

106-46-7

0.090

6.0

Dichlorodifluoromethane

75-71-8

0.23

7.2

1,1-Dichloroethane

75-34-3

0.059

6.0

1,2-Dichloroethane

107-06-2

0.21

6.0

1,1-Dichloroethylene

75-35-4

0.025

6.0

trans-1,2-Dichloroethylene

156-60-5

0.054

2,4-Dichlorophenol

120-83-2

0.044

2,6-Dichlorophenol

87-65-0

0.044

1,2-Dichloropropane

78-87-5

0.85

cis-1,3-Dichloropropylene

10061-01-5

0.036

trans-1,3-Dichloropropylene

10061-02-6

0.036

Dieldrin

60-57-1

0.017

0.13

Diethyl phthalate

84-66-2

0.20

2-4-Dimethyl phenol

105-67-9

0.036

Dimethyl phthalate

131-11-3

0.047

Di-n-butyl phthalate

84-74-2

0.057

1,4-Dinitrobenzene

100-25-4

0.32

2.3

4,6-Dinitro-o-cresol

534-52-1

0.28

160

2,4-Dinitrophenol

51-28-5

0.12

160

2,4-Dinitrotoluene

121-14-2

0.32

140

2,6-Dinitrotoluene

606-20-2

0.55

Di-n-octyl phthalate

117-84-0

0.017

Di-n-propylnitrosamine

621-64-7

0.40

1,4-Dioxane

123-91-1

12.0

170

Diphenylamine (difficult to

distinguish from diphenylnitros-

amine)

122-39-4

0.92

Diphenylnitrosamine (difficult

to distinguish from diphenyl-

amine)

86-30-6

0.92

1,2-Diphenylhydrazine

122-66-7

0.087

Disulfoton

298-04-4

0.017

6.2

Endosulfan I

939-98-8

0.023

0.066

Endosulfan II

33213-6-5

0.029

0.13

Endosulfan sulfate

1031-07-8

0.029

0.13

Endrin

72-20-8

0.0028

0.13

219

Endrin aldehyde

7421-93-4

0.025

0.13

Ethyl acetate

141-78-6

0.34

Ethyl cyanide (Propanenitrile)

107-12-0

0.24

360

Ethyl benzene

100-41-4

0.057

Ethyl ether

60-29-7

0.12

160

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Ethyl methacrylate

97-63-2

0.14

160

Ethylene oxide

75-21-8

0.12

Famphur

52-85-7

0.017

Fluoranthene

206-44-0

0.068

3.4

Fluorene

86-73-7

0.059

3.4

Heptachlor

76-44-8

0.0012

0.066

Heptachlor epoxide

1024-57-3

0.016

0.066

Hexachlorobenzene

118-74-1

0.055

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

Hexachloroethane

67-72-1

0.055

Hexachloropropylene

1888-71-7

0.035

Indeno (1,2,3-c,d) pyrene

193-39-5

0.0055

3.4

Iodomethane

74-88-4

0.19

Isobutyl alcohol

78-83-1

5.6

170

Isodrin

465-73-6

0.021

0.066

Isosafrole

120-58-1

0.081

2.6

Kepone

143-50-8

0.0011

0.13

Methacrylonitrile

126-98-7

0.24

Methanol

67-56-1

5.6

Methapyrilene

91-80-5

0.081

1.5

Methoxychlor

72-43-5

0.25

0.18

3-Methylcholanthrene

56-49-5

0.0055

4,4-Methylene bis(2-chloro-

aniline)

101-14-4

0.50

Methylene chloride

75-09-2

0.089

Methyl ethyl ketone

78-93-3

0.28

Methyl isobutyl ketone

108-10-1

0.14

Methyl methacrylate

80-62-6

0.14

160

Methyl methansulfonate

66-27-3

0.018

Methyl parathion

298-00-0

0.014

4.6

Naphthalene

91-20-3

0.059

5.6

2-Naphthylamine

91-59-8

0.52

p-Nitroaniline

100-01-6

0.028

Nitrobenzene

98-95-3

0.068

220

5-Nitro-o-toluidine

99-55-8

0.32

p-Nitrophenol

100-02-7

0.12

N-Nitrosodiethylamine

55-18-5

0.40

N-Nitrosodimethylamine

62-75-9

0.40

N-Nitroso-di-n-butylamine

924-16-3

0.40

N-Nitrosomethylethylamine

10595-95-6

0.40

2.3

N-Nitrosomorpholine

59-89-2

0.40

2.3

N-Nitrosopiperidine

100-75-4

0.013

N-Nitrosopyrrolidine

930-55-2

0.013

Parathion

56-38-2

0.014

4.6

Total PCBs

(sum of all PCB isomers, or all

Aroclors)

1336-36-3

0.10

Pentachlorobenzene

608-93-5

0.055

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

Pentachloronitrobenzene

82-68-8

0.055

4.8

Pentachlorophenol

87-86-5

0.089

7.4

Phenacetin

62-44-2

0.081

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Phorate

298-02-2

0.021

4.6

Phthalic anhydride

85-44-9

0.055

Pronamide

23950-58-5

0.093

1.5

Pyrene

129-00-0

0.067

8.2

Pyridine

110-86-1

0.014

Safrole

94-59-7

0.081

Silvex (2,4,5-TP)

93-72-1

0.72

7.9

2,4,5-T

93-76-5

0.72

7.9

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

1,1,1,2-Tetrachloroethane

630-20-6

0.057

6.0

1,1,2,2-Tetrachloroethane

79-34-6

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

Toluene

108-88-3

0.080

Toxaphene

8001-35-2

0.0095

2.6

Bromoform (Tribromomethane)

75-25-2

0.63

1,2,4-Trichlorobenzene

120-82-1

0.055

1,1,1-Trichloroethane

71-55-6

0.054

6.0

221

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

Trichloromonofluoromethane

75-69-4

0.020

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

1,2,3-Trichloropropane

96-18-4

0.85

1,1,2-Trichloro-1,2,2-trifluoro-

ethane

76-13-1

0.057

tris(2,3-Dibromopropyl)

phosphate

126-72-7

0.11

Vinyl chloride

75-01-4

0.27

6.0

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Antimony

7440-36-0

1.9

1.15 mg/l TCLP

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

Barium

7440-39-3

1.2

21 mg/l TCLP

Beryllium

7440-41-7

0.82

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Fluoride

16964-48-8

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Mercury

7439-97-6

0.15

0.025 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

Silver

7440-22-4

0.43

0.14 mg/l TCLP

Sulfide

8496-25-8

Thallium

7440-28-0

1.4

Vanadium

7440-62-2

4.3

K001

Bottom sediment sludge from the treatment of wastewaters from wood preserving processes

that use creosote or pentachlorophenol.

Naphthalene

91-20-3

0.059

5.6

Pentachlorophenol

87-86-5

0.089

7.4

Phenanthrene

85-01-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-3

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Lead

7439-92-1

0.69

0.75 mg/l TCLP

222

K002

Wastewater treatment sludge from the production of chrome yellow and orange pigments.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K003

Wastewater treatment sludge from the production of molybdate orange pigments.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K004

Wastewater treatment sludge from the production of zinc yellow pigments.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K005

Wastewater treatment sludge from the production of chrome green pigments.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

K006

Wastewater treatment sludge from the production of chrome oxide green pigments

(anhydrous).

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K006

Wastewater treatment sludge from the production of chrome oxide green pigments (hydrated).

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

K007

Wastewater treatment sludge from the production of iron blue pigments.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

K008

Oven residue from the production of chrome oxide green pigments.

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

223

K009

Distillation bottoms from the production of acetaldehyde from ethylene.

Chloroform

67-66-3

0.046

6.0

K010

Distillation side cuts from the production of acetaldehyde from ethylene.

Chloroform

67-66-3

0.046

6.0

K011

Bottom stream from the wastewater stripper in the production of acrylonitrile.

Acetonitrile

75-05-8

5.6

Acrylonitrile

107-13-1

0.24

Acrylamide

79-06-1

Benzene

71-43-2

0.14

Cyanide (Total)

57-12-5

1.2

590

K013

Bottom stream from the acetonitrile column in the production of acrylonitrile.

Acetonitrile

75-05-8

5.6

Acrylonitrile

107-13-1

0.24

Acrylamide

79-06-1

Benzene

71-43-2

0.14

Cyanide (Total)

57-12-5

1.2

590

K014

Bottoms from the acetonitrile purification column in the production of acrylonitrile.

Acetonitrile

75-05-8

5.6

Acrylonitrile

107-13-1

0.24

Acrylamide

79-06-1

Benzene

71-43-2

0.14

Cyanide (Total)

57-12-5

1.2

590

K015

Still bottoms from the distillation of benzyl chloride.

Anthracene

120-12-7

0.059

3.4

Benzal chloride

98-87-3

0.055

6.0

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Phenanthrene

85-01-8

0.059

5.6

Toluene

108-88-3

0.080

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

224

Nickel

7440-02-0

3.98

11 mg/l TCLP

K016

Heavy ends or distillation residues from the production of carbon tetrachloride.

Hexachlorobenzene

118-74-1

0.055

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

Hexachloroethane

67-72-1

0.055

Tetrachloroethylene

127-18-4

0.056

6.0

K017

Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.

bis(2-Chloroethyl)ether

111-44-4

0.033

6.0

1,2-Dichloropropane

78-87-5

0.85

1,2,3-Trichloropropane

96-18-4

0.85

K018

Heavy ends from the fractionation column in ethyl chloride production.

Chloroethane

75-00-3

0.27

6.0

Chloromethane

74-87-3

0.19

1,1-Dichloroethane

75-34-3

0.059

6.0

1,2-Dichloroethane

107-06-2

0.21

6.0

Hexachlorobenzene

118-74-1

0.055

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachloroethane

67-72-1

0.055

Pentachloroethane

76-01-7

6.0

1,1,1-Trichloroethane

71-55-6

0.054

6.0

K019

Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.

bis(2-Chloroethyl)ether

111-44-4

0.033

6.0

Chlorobenzene

108-90-7

0.057

6.0

Chloroform

67-66-3

0.046

6.0

p-Dichlorobenzene

106-46-7

0.090

1,2-Dichloroethane

107-06-2

0.21

6.0

Fluorene

86-73-7

0.059

Hexachloroethane

67-72-1

0.055

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

Tetrachloroethylene

127-18-4

0.056

6.0

1,2,4-Trichlorobenzene

120-82-1

0.055

1,1,1-Trichloroethane

71-55-6

0.054

6.0

225

K020

Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.

1,2-Dichloroethane

107-06-2

0.21

6.0

1,1,2,2-Tetrachloroethane

79-34-6

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

K021

Aqueous spent antimony catalyst waste from fluoromethanes production.

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Antimony

7440-36-0

1.9

1.15 mg/l TCLP

K022

Distillation bottom tars from the production of phenol or acetone from cumene.

Toluene

108-88-3

0.080

Acetophenone

96-86-2

0.010

9.7

Diphenylamine (difficult to

distinguish from diphenylnitros-

amine)

122-39-4

0.92

Diphenylnitrosamine (difficult

to distinguish from diphenyl-

amine)

86-30-6

0.92

Phenol

108-95-2

0.039

6.2

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

K023

Distillation light ends from the production of phthalic anhydride from naphthalene.

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

100-21-0

0.055

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

85-44-9

0.055

K024

Distillation bottoms from the production of phthalic anhydride from naphthalene.

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

100-21-0

0.055

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

85-44-9

0.055

226

K025

Distillation bottoms from the production of nitrobenzene by the nitration of benzene.

LLEXT fb SSTRP

fb CARBN; or

CMBST

K026

Stripping still tails from the production of methyl ethyl pyridines.

CMBST

K027

Centrifuge and distillation residues from the toluene diisocyanate production.

CARBN; or

CMBST

K028

Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.

1,1-Dichloroethane

75-34-3

0.059

6.0

trans-1,2-Dichloroethylene

156-60-5

0.054

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachloroethane

67-72-1

0.055

Pentachloroethane

76-01-7

6.0

1,1,1,2-Tetrachloroethane

630-20-6

0.057

6.0

1,1,2,2-Tetrachloroethane

79-34-6

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

1,1,1-Trichloroethane

71-55-6

0.054

6.0

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Cadmium

7440-43-9

0.69

Chromium(Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

K029

Waste from the product steam stripper in the production of 1,1,1-trichloroethane.

Chloroform

67-66-3

0.046

6.0

1,2-Dichloroethane

107-06-2

0.21

6.0

1,1-Dichloroethylene

75-35-4

0.025

6.0

1,1,1-Trichloroethane

71-55-6

0.054

6.0

Vinyl chloride

75-01-4

0.27

6.0

K030

Column bodies or heavy ends from the combined production of trichloroethylene and

perchloroethylene.

o-Dichlorobenzene

95-50-1

0.088

p-Dichlorobenzene

106-46-7

0.090

227

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachloroethane

67-72-1

0.055

Hexachloropropylene

1888-71-7

Pentachlorobenzene

608-93-5

Pentachloroethane

76-01-7

6.0

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

Tetrachloroethylene

127-18-4

0.056

6.0

1,2,4-Trichlorobenzene

120-82-1

0.055

K031

By-product salts generated in the production of MSMA and cacodylic acid.

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

K032

Wastewater treatment sludge from the production of chlordane.

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

Chlordane (

and

isomers)

57-74-9

0.0033

0.26

Heptachlor

76-44-8

0.0012

0.066

Heptachlor epoxide

1024-57-3

0.016

0.066

K033

Wastewater and scrub water from the chlorination of cyclopentadiene in the production of

chlordane.

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

K034

Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane.

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

K035

Wastewater treatment sludges generated in the production of creosote.

Acenaphthene

83-32-9

3.4

Anthracene

120-12-7

3.4

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Chrysene

218-01-9

0.059

3.4

o-Cresol

95-48-7

0.11

5.6

m-Cresol

(difficult to distinguish from p-

cresol)

108-39-4

0.77

5.6

p-Cresol

(difficult to distinguish from m-

cresol)

106-44-5

0.77

5.6

Dibenz(a,h)anthracene

53-70-3

8.2

Fluoranthene

206-44-0

0.068

3.4

228

Fluorene

86-73-7

3.4

Indeno(1,2,3-cd)pyrene

193-39-5

3.4

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

K036

Still bottoms from toluene reclamation distillaiton in the production of disulfoton.

Disulfoton

298-04-4

0.017

6.2

K037

Wastewater treatment sludges from the production of disulfoton.

Disulfoton

298-04-4

0.017

6.2

Toluene

108-88-3

0.080

K038

Wastewater from the washing and stripping of phorate production.

Phorate

298-02-2

0.021

4.6

K039

Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.

CARBN; or

CMBST

K040

Wastewater treatment sludge from the production of phorate.

Phorate

298-02-2

0.021

4.6

K041

Wastewater treatment sludge from the production of toxaphene.

Toxaphene

8001-35-2

0.0095

2.6

K042

Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production

of 2,4,5-T.

o-Dichlorobenzene

95-50-1

0.088

6.0

p-Dichlorobenzene

106-46-7

0.090

6.0

Pentachlorobenzene

608-93-5

0.055

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

1,2,4-Trichlorobenzene

120-82-1

0.055

K043

2,6-Dichlorophenol waste from the production of 2,4-D.

2,4-Dichlorophenol

120-83-2

0.044

229

2,6-Dichlorophenol

187-65-0

0.044

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

Pentachlorophenol

87-86-5

0.089

7.4

Tetrachloroethylene

127-18-4

0.056

6.0

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

K044

Wastewater treatment sludges from the manufacturing and processing of explosives.

DEACT

K045

Spent carbon from the treatment of wastewater containing explosives.

DEACT

K046

Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based

initiating compounds.

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K047

Pink or red water from TNT operations.

DEACT

K048

Dissolved air flotation (DAF) float from the petroleum refining industry.

Benzene

71-43-2

0.14

Benzo(a)pyrene

50-32-8

0.061

3.4

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Chrysene

218-01-9

0.059

3.4

Di-n-butyl phthalate

84-74-2

0.057

Ethylbenzene

100-41-4

0.057

Fluorene

86-73-7

0.059

230

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-33

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

K049

Slop oil emulsion solids from the petroleum refining industry.

Anthracene

120-12-7

0.059

3.4

Benzene

71-43-2

0.14

Benzo(a)pyrene

50-32-8

0.061

3.4

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Carbon disulfide

75-15-0

3.8

Chrysene

2218-01-9

0.059

3.4

2,4-Dimethylphenol

105-67-9

0.036

Ethylbenzene

100-41-4

0.057

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-3

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Cyanides (Total)

57-12-5

1.2

590

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

K050

Heat exchanger bundle cleaning sludge from the petroleum refining industry.

Benzo(a)pyrene

50-32-8

0.061

3.4

Phenol

108-95-2

0.039

6.2

Cyanides (Total)

57-12-5

1.2

590

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

231

K051

API separator sludge from the petroleum refining industry.

Acenaphthene

83-32-9

0.059

Anthracene

120-12-7

0.059

3.4

Benz(a)anthracene

56-55-3

0.059

3.4

Benzene

71-43-2

0.14

Benzo(a)pyrene

50-32-8

0.061

3.4

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Chrysene

2218-01-9

0.059

3.4

Di-n-butyl phthalate

105-67-9

0.057

Ethylbenzene

100-41-4

0.057

Fluorene

86-73-7

0.059

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-3

0.08

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Cyanides (Total)

57-12-5

1.2

590

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

K052

Tank bottoms (leaded) from the petroleum refining industry.

Benzene

71-43-2

0.14

Benzo(a)pyrene

50-32-8

0.061

3.4

o-Cresol

95-48-7

0.11

5.6

m-Cresol

(difficult to distinguish from p-

cresol)

108-39-4

0.77

5.6

p-Cresol

(difficult to distinguish from m-

cresol)

106-44-5

0.77

5.6

2,4-Dimethylphenol

105-67-9

0.036

Ethylbenzene

100-41-4

0.057

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

Toluene

108-88-3

0.08

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

232

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Lead

7439-92-1

0.69

Nickel

7440-02-0

11 mg/l TCLP

K060

Ammonia still lime sludge from coking operations.

Benzene

71-43-2

0.14

Benzo(a)pyrene

50-32-8

0.061

3.4

Naphthalene

91-20-3

0.059

5.6

Phenol

108-95-2

0.039

6.2

Cyanides (Total)

57-12-5

1.2

590

K061

Emission control dust or sludge from the primary production of steel in electric furnaces.

Antimony

7440-36-0

1.15 mg/l TCLP

Arsenic

7440-38-2

5.0 mg/l TCLP

Barium

7440-39-3

21 mg/l TCLP

Beryllium

7440-41-7

1.22 mg/l TCLP

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Mercury

7439-97-6

0.025 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Selenium

7782-49-2

5.7 mg/l TCLP

Silver

7440-22-4

0.14 mg/l TCLP

Thallium

7440-28-0

0.20 mg/l TCLP

Zinc

7440-66-6

4.3 mg/l TCLP

K062

Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel

industry (SIC Codes 331 and 332).

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Nickel

7440-02-0

3.98

K069

Emission control dust or sludge from secondary lead smelting. - Calcium sulfate (Low Lead)

Subcategory

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

233

K069

Emission control dust or sludge from secondary lead smelting. - Non-Calcium sulfate (High

Lead) Subcategory

RLEAD

K071

K071 (Brine purification muds from the mercury cell process in chlorine production, where

separately prepurified brine is not used) nonwastewaters that are residues from RMERC.

Mercury

7439-97-6

0.20 mg/l TCLP

K071

K071 (Brine purification muds from the mercury cell process in chlorine production, where

separately prepurified brine is not used) nonwastewaters that are not residues from RMERC.

Mercury

7439-97-6

0.025 mg/l TCLP

K071

All K071 wastewaters.

Mercury

7439-97-6

0.15

K073

Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using

graphite anodes in chlorine production.

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Hexachloroethane

67-72-1

0.055

Tetrachloroethylene

127-18-4

0.056

6.0

1,1,1-Trichloroethane

71-55-6

0.054

6.0

K083

Distillation bottoms from aniline production.

Aniline

62-53-3

0.81

Benzene

71-43-2

0.14

Cyclohexanone

108-94-1

0.36

Diphenylamine

(difficult to distinguish from

diphenylnitrosamine)

122-39-4

0.92

Diphenylnitrosamine (difficult

to distinguish from diphenyl-

amine)

86-30-6

0.92

Nitrobenzene

98-95-3

0.068

Phenol

108-95-2

0.039

6.2

Nickel

7440-02-0

3.98

11 mg/l TCLP

K084

Wastewater treatment sludges generated during the production of veterinary pharmaceuticals

234

from arsenic or organo-arsenic compounds.

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

K085

Distillation or fractionation column bottoms from the production of chlorobenzenes.

Benzene

71-43-2

0.14

Chlorobenzene

108-90-7

0.057

6.0

m-Dichlorobenzene

541-73-1

0.036

6.0

o-Dichlorobenzene

95-50-1

0.088

6.0

p-Dichlorobenzene

106-46-7

0.090

6.0

Hexachlorobenzene

118-74-1

0.055

Total PCBs

(sum of all PCB isomers, or all

Aroclors)

1336-36-3

0.10

Pentachlorobenzene

608-93-5

0.055

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

1,2,4-Trichlorobenzene

120-82-1

0.055

K086

Solvent wastes and sludges, caustic washes and sludges, or water washes and sludges from

cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and

stabilizers containing chromium and lead.

Acetone

67-64-1

0.28

160

Acetophenone

96-86-2

0.010

9.7

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

n-Butyl alcohol

71-36-3

5.6

2.6

Butylbenzyl phthalate

85-68-7

0.017

Cyclohexanone

108-94-1

0.36

o-Dichlorobenzene

95-50-1

0.088

6.0

Diethyl phthalate

84-66-2

0.20

Dimethyl phthalate

131-11-3

0.047

Di-n-butyl phthalate

84-74-2

0.057

Di-n-octyl phthalate

117-84-0

0.017

Ethyl acetate

141-78-6

0.34

Ethylbenzene

100-41-4

0.057

Methanol

67-56-1

5.6

Methyl ethyl ketone

78-93-3

0.28

Methyl isobutyl ketone

108-10-1

0.14

Methylene chloride

75-09-2

0.089

Naphthalene

91-20-3

0.059

5.6

Nitrobenzene

98-95-3

0.068

Toluene

108-88-3

0.080

1,1,1-Trichloroethane

71-55-6

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

235

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K087

Decanter tank tar sludge from coking operations.

Acenaphthylene

208-96-8

0.059

3.4

Benzene

71-43-2

0.14

Chrysene

218-01-9

0.059

3.4

Fluoranthene

206-44-0

0.068

3.4

Indeno(1,2,3-cd)pyrene

193-39-5

0.0055

3.4

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

85-01-8

0.059

5.6

Toluene

108-88-3

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K088

Spent potliners from primary aluminum reduction.

Acenaphthene

83-32-9

0.059

3.4

Anthracene

120-12-7

0.059

3.4

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Benzo(b)fluoranthene

205-99-2

0.11

6.8

Benzo(k)fluoranthene

207-08-9

0.11

6.8

Benzo(g,h,i)perylene

191-24-2

0.0055

1.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Fluoranthene

206-44-0

0.068

3.4

Indeno(1,2,3-c,d)pyrene

193-39-5

0.0055

3.4

Phenanthrene

85-01-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Antimony

7440-36-0

1.9

1.15 mg/l TCLP

Arsenic

7440-38-2

1.4

5.0 26.1 mg/l

TCLP

Barium

7440-39-3

1.2

21 21.0 mg/l

TCLP

Beryllium

7440-41-7

0.82

1.22 mg/l TCLP

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

236

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Mercury

7439-97-6

0.15

0.025 mg/l TCLP

Nickel

7440-02-0

3.98

11 11.0 mg/l

TCLP

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

Silver

7440-22-4

0.43

0.14 mg/l TCLP

Cyanide (Total)

57-12-5

1.2

590

Cyanide (Amenable)

57-12-5

0.86

Fluoride

16984-48-8

48 mg/l TCLP

K093

Distillation light ends from the production of phthalic anhydride from ortho-xylene.

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

100-21-0

0.055

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

85-44-9

0.055

K094

Distillation bottoms from the production of phthalic anhydride from ortho-xylene.

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

100-21-0

0.055

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

85-44-9

0.055

K095

Distillation bottoms from the production of 1,1,1-trichloroethane.

Hexachloroethane

67-72-1

0.055

Pentachloroethane

76-01-7

0.055

6.0

1,1,1,2-Tetrachloroethane

630-20-6

0.057

6.0

1,1,2,2-Tetrachloroethane

79-34-6

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

K096

Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane.

m-Dichlorobenzene

541-73-1

0.036

6.0

Pentachloroethane

76-01-7

0.055

6.0

1,1,1,2-Tetrachloroethane

630-20-6

0.057

6.0

1,1,2,2-Tetrachloroethane

79-34-6

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

237

1,2,4-Trichlorobenzene

120-82-1

0.055

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

K097

Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.

Chlordane (

and

isomers)

57-74-9

0.0033

0.26

Heptachlor

76-44-8

0.0012

0.066

Heptachlor epoxide

1024-57-3

0.016

0.066

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

K098

Untreated process wastewater from the production of toxaphene.

Toxaphene

8001-35-2

0.0095

2.6

K099

Untreated wastewater from the production of 2,4-D.

2,4-Dichlorophenoxyacetic acid

94-75-7

0.72

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

K100

Waste leaching solution from acid leaching of emission control dust or sludge from secondary

lead smelting.

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Lead

7439-92-1

0.69

0.75 mg/l TCLP

K101

Distillation tar residues from the distillation of aniline-based compounds in the production of

veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

o-Nitroaniline

88-74-4

0.27

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

Cadmium

7440-43-9

0.69

Lead

7439-92-1

0.69

238

Mercury

7439-97-6

0.15

K102

Residue from the use of activated carbon for decolorization in the production of veterinary

pharmaceuticals from arsenic or organo-arsenic compounds.

o-Nitrophenol

88-75-5

0.028

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

Cadmium

7440-43-9

0.69

Lead

7439-92-1

0.69

Mercury

7439-97-6

0.15

K103

Process residues from aniline extraction from the production of aniline.

Aniline

62-53-3

0.81

Benzene

71-43-2

0.14

2,4-Dinitrophenol

51-28-5

0.12

160

Nitrobenzene

98-95-3

0.068

Phenol

108-95-2

0.039

6.2

K104

Combined wastewater streams generated from nitrobenzene or aniline production.

Aniline

62-53-3

0.81

Benzene

71-43-2

0.14

2,4-Dinitrophenol

51-28-5

0.12

160

Nitrobenzene

98-95-3

0.068

Phenol

108-95-2

0.039

6.2

Cyanides (Total)

57-12-5

1.2

590

K105

Separated aqueous stream from the reactor product washing step in the production of chloro-

benzenes.

Benzene

71-43-2

0.14

Chlorobenzene

108-90-7

0.057

6.0

2-Chlorophenol

95-57-8

0.044

5.7

o-Dichlorobenzene

95-50-1

0.088

6.0

p-Dichlorobenzene

106-46-7

0.090

6.0

Phenol

108-95-2

0.039

6.2

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

K106

K106 (wastewater treatment sludge from the mercury cell process in chlorine production)

nonwastewaters that contain greater than or equal to 260 mg/kg total mercury.

Mercury

7439-97-6

RMERC

239

K106

K106 (wastewater treatment sludge from the mercury cell process in chlorine production)

nonwastewaters that contain less than 260 mg/kg total mercury that are residues from

RMERC.

Mercury

7439-97-6

0.20 mg/l TCLP

K106

Other K106 nonwastewaters that contain less than 260 mg/kg total mercury and are not

residues from RMERC.

Mercury

7439-97-6

0.025 mg/l TCLP

K106

All K106 wastewaters.

Mercury

7439-97-6

0.15

K107

Column bottoms from product separation from the production of 1,1-dimethylhydrazine

(UDMH) from carboxylic acid hydrazides.

CMBST; or

CHOXD fb

CARBN; or

BIODG fb

CARBN

CMBST

K108

Condensed column overheads from product separation and condensed reactor vent gases from

the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

CMBST; or

CHOXD fb

CARBN; or

BIODG fb

CARBN

CMBST

K109

Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine

(UDMH) from carboxylic acid hydrazides.

CMBST; or

CHOXD fb

CARBN; or

BIODG fb

CARBN

CMBST

240

K110

Condensed column overheads from intermediate separation from the production of 1,1-

dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

CMBST; or

CHOXD fb

CARBN; or

BIODG fb

CARBN

CMBST

K111

Product washwaters from the production of dinitrotoluene via nitration of toluene

2,4-Dinitrotoluene

121-1-1

0.32

140

2,6-Dinitrotoluene

606-20-2

0.55

K112

Reaction by-product water from the drying column in the production of toluenediamine via

hydrogenation of dinitrotoluene.

CMBST; or

CHOXD fb

CARBN; or

BIODG fb

CARBN

CMBST

K113

Condensed liquid light ends from the purification of toluenediamine in the production of

toluenediamine via hydrogenation of dinitrotoluene.

CARBN; or

CMBST

K114

Vicinals from the purification of toluenediamine in the production of toluenediamine via

hydrogenation of dinitrotoluene.

CARBN; or

CMBST

K115

Heavy ends from the purification of toluenediamine in the production of toluenediamine via

hydrogenation of dinitrotoluene.

Nickel

7440-02-0

3.98

11 mg/l TCLP

CARBN; or

CMBST

241

K116

Organic condensate from the solvent recovery column in the production of toluene diisocyanate

via phosgenation of toluenediamine.

CARBN; or

CMBST

K117

Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via

bromination of ethene.

Methyl bromide (Bromo-

methane)

74-83-9

0.11

Chloroform

67-66-3

0.046

6.0

Ethylene dibromide (1,2-

Dibromoethane)

106-93-4

0.028

K118

Spent absorbent solids from purification of ethylene dibromide in the production of ethylene

dibromide via bromination of ethene.

Methyl bromide (Bromo-

methane)

74-83-9

0.11

Chloroform

67-66-3

0.046

6.0

Ethylene dibromide (1,2-

Dibromoethane)

106-93-4

0.028

K123

Process wastewater (including supernates, filtrates, and washwaters) from the production of

ethylenebisdithiocarbamic acid and its salts.

CMBST; or

CHOXD fb

(BIODG or

CARBN)

CMBST

K124

Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its

salts.

CMBST; or

CHOXD fb

(BIODG or

CARBN)

CMBST

242

K125

Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithio-

carbamic acid and its salts.

CMBST; or

CHOXD fb

(BIODG or

CARBN)

CMBST

K126

Baghouse dust and floor sweepings in milling and packaging operations from the production or

formulation of ethylenebisdithiocarbamic acid and its salts.

CMBST; or

CHOXD fb

(BIODG or

CARBN)

CMBST

K131

Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of

methyl bromide.

Methyl bromide (Bromo-

methane)

74-83-9

0.11

K132

Spent absorbent and wastewater separator solids from the production of methyl bromide.

Methyl bromide (Bromo-

methane)

74-83-9

0.11

K136

Still bottoms from the purification of ethylene dibromide in the production of ethylene

dibromide via bromination of ethene.

Methyl bromide (Bromo-

methane)

74-83-9

0.11

Chloroform

67-66-3

0.046

6.0

Ethylene dibromide (1,2-

Dibromoethane)

106-93-4

0.028

K140

Floor sweepings, off-specification product, and spent filter media from the production of

2,4,6-tribromophenol.

2,4,6-Tribromophenol

118-79-6

0.035

7.4

243

K141

Process residues from the recovery of coal tar, including, but not limited to, collecting sump

residues from the production of coke or the recovery of coke by-products produced from coal.

This listing does not include K087 (decanter tank tar sludge from coking operations).

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-2-8

0.061

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Indeno(1,2,3-cd)pyrene

193-39-5

0.0055

3.4

K142

Tar storage tank residues from the production of coke from coal or from the recovery of coke

by-products produced from coal.

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Ideno(1,2,3-cd)pyrene

193-39-5

0.0055

3.4

K143

Process residues from the recovery of light oil, including, but not limited to, those generated

in stills, decanters, and wash oil recovery units from the recovery of coke by-products

produced from coal.

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

244

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Chrysene

218-01-9

0.059

3.4

K144

Wastewater sump residues from light oil refining, including, but not limited to, intercepting or

contamination sump sludges from the recovery of coke by-products produced from coal.

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

K145

Residues from naphthalene collection and recovery operations from the recovery of coke by-

products produced from coal.

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Naphthalene

91-20-3

0.059

5.6

K147

Tar storage tank residues from coal tar refining.

Benzene

71-43-2

0.14

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Indeno(1,2,3-cd)pyrene

193-39-5

0.0055

3.4

245

K148

Residues from coal tar distillation, including, but not limited to, still bottoms.

Benz(a)anthracene

56-55-3

0.059

3.4

Benzo(a)pyrene

50-32-8

0.061

3.4

Benzo(b)fluoranthene (difficult

to distinguish from benzo(k)-

fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene (difficult

to distinguish from benzo(b)-

fluoranthene)

207-08-9

0.11

6.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Indeno(1,2,3-cd)pyrene

193-39-5

0.0055

3.4

K149

Distillation bottoms from the production of

- (or methyl-) chlorinated toluenes, ring-

chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional

groups. (This waste does not include still bottoms from the distillations of benzyl chloride.)

Chlorobenzene

108-90-7

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Chloromethane

74-87-3

0.19

p-Dichlorobenzene

106-46-7

0.090

6.0

Hexachlorobenzene

118-74-1

0.055

Pentachlorobenzene

608-93-5

0.055

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

Toluene

108-88-3

0.080

K150

Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydro-

chloric acid recovery processes associated with the production of

- (or methyl-) chlorinated

toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these

functional groups.

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Chloromethane

74-87-3

0.19

p-Dichlorobenzene

106-46-7

0.090

6.0

Hexachlorobenzene

118-74-1

0.055

Pentachlorobenzene

608-93-5

0.055

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

1,1,2,2- Tetrachloroethane

79-34-5

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

1,2,4-Trichlorobenzene

120-82-1

0.055

K151

Wastewater treatment sludges, excluding neutralization and biological sludges, generated

246

during the treatment of wastewaters from the production of

- (or methyl-) chlorinated

toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these

functional groups.

Benzene

71-43-2

0.14

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Hexachlorobenzene

118-74-1

0.055

Pentachlorobenzene

608-93-5

0.055

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

Tetrachloroethylene

127-18-4

0.056

6.0

Toluene

108-88-3

0.080

K156

Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and

decantates) from the production of carbamates and carbamoyl oximes. (This listing does not

apply to wastes generated from the manufacture of 3-iodo-2-propyl-n-butylcarbamate.)

Acetonitrile

75-05-8

5.6

381.8

Acetophenone

96-86-2

0.010

9.7

Aniline

62-53-3

0.81

Benomyl

17804-35-2

0.056

1.4

Benzene

71-43-2

0.14

Carbaryl

63-25-21

0.006

0.14

Carbenzadim

10605-21-7

0.056

1.4

Carbofuran

1563-66-2

0.006

0.14

Carbosulfan

55285-14-8

0.028

1.4

Chlorobenzene

108-90-7

0.057

6.0

Chloroform

67-66-3

0.046

6.0

o-Dichlorobenzene

95-50-1

0.088

6.0

Methomyl

16752-77-5

0.028

0.14

Methylene chloride

75-09-2

0.089

Methyl ethyl ketone

78-93-3

0.28

Naphthalene

91-20-3

0.059

5.6

Phenol

108-95-2

0.039

6.2

Pyridine

110-86-1

0.014

Toluene

108-88-3

0.080

Triethylamine

121-44-8

0.081

1.5

K157

Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters)

from the production of carbamates and carbamoyl oximes. (This listing does not apply to

wastes generated from the manufacture of 3-iodo-2-propyl-n-butylcarbamate.)

Carbon tetrachloride

56-23-5

0.057

6.0

Chloroform

67-66-3

0.046

6.0

Chloromethane

74-87-3

0.19

Methomyl

16752-77-5

0.028

0.14

247

Methylene chloride

75-09-2

0.089

Methyl ethyl ketone

78-93-3

0.28

o-Phenylenediamine

95-54-5

0.056

5.6

Pyridine

110-86-1

0.014

Triethylamine

121-44-8

0.081

1.5

K158

Baghouse dusts and filter/separation solids from the production of carbamates and carbamoyl

oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-

propyl-n-butylcarbamate.)

Benomyl

17804-35-2

0.056

1.4

Benzene

71-43-2

0.14

Carbenzadim

10605-21-7

0.056

1.4

Carbofuran

1563-66-2

0.006

0.14

Carbosulfan

55285-14-8

0.028

1.4

Chloroform

67-66-3

0.046

6.0

Methylene chloride

75-09-2

0.089

Phenol

108-95-2

0.039

6.2

K159

Organics from the treatment of thiocarbamate wastes.

Benzene

71-43-2

0.14

Butylate

2008-41-5

0.0420.003

1.41.5

EPTC (Eptam)

759-94-4

0.0420.003

1.4

Molinate

2212-67-1

0.0420.003

1.4

Pebulate

1114-71-2

0.0420.003

1.4

Vernolate

1929-77-7

0.0420.003

1.4

K161

Purification solids (including filtration, evaporation, and centrifugation solids), baghouse dust

and floor sweepings from the production of dithiocarbamate acids and their salts.

Antimony

7440-36-0

1.9

1.15

mg/l TCLP

Arsenic

7440-38-2

1.4

5.0

mg/l TCLP

Carbon disulfide

75-15-0

3.8

4.8

mg/l TCLP

Dithiocarbamates (total)

NA137-30-4

0.028

Lead

7439-92-1

0.69

0.75

mg/l TCLP

Nickel

7440-02-0

3.98

mg/l TCLP

Selenium

7782-49-2

0.82

5.7

mg/l TCLP

K169

Crude oil tank sediment from petroleum refining operations.

Benz(a)anthracene

56-55-3

0.059

3.4

Benzene

71-43-2

0.14

Benzo(g,h,i)perylene

191-24-2

0.0055

1.8

Chrysene

218-01-9

0.059

3.4

248

Ethyl benzene

100-41-4

0.057

Fluorene

86-73-7

0.059

3.4

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

81-05-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Toluene (Methyl Benzene)

108-88-3

0.080

Xylene(s) (Total)

1330-20-7

0.32

K170

Clarified slurry oil sediment from petroleum refining operations.

Benz(a)anthracene

56-55-3

0.059

3.4

Benzene

71-43-2

0.14

Benzo(g,h,i)perylene

191-24-2

0.0055

1.8

Chrysene

218-01-9

0.059

3.4

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Ethyl benzene

100-41-4

0.057

Fluorene

86-73-7

0.059

3.4

Indeno(1,2,3,-cd)pyrene

193-39-5

0.0055

3.4

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

81-05-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Toluene (Methyl Benzene)

108-88-3

0.080

Xylene(s) (Total

1330-20-7

0.32

K171

Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to

desulfurize feeds to other catalytic reactors. (This listing does not include inert support

media.)

Benz(a)anthracene

56-55-3

0.059

3.4

Benzene

71-43-2

0.14

Chrysene

218-01-9

0.059

3.4

Ethyl benzene

100-41-4

0.057

Naphthalene

91-20-3

0.059

5.6

Phenanthrene

81-05-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Toluene (Methyl Benzene)

108-88-3

0.080

Xylene(s) (Total)

1330-20-7

0.32

Arsenic

7740-38-2

1.4

5 mg/L TCLP

Nickel

7440-02-0

3.98

11.0 mg/L TCLP

Vanadium

7440-62-2

4.3

1.6 mg/L TCLP

Reactive sulfides

DEACT

K172

Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to

desulfurize feeds to other catalytic reactors. (This listing does not include inert support

249

media.)

Benzene

71-43-2

0.14

Ethyl benzene

100-41-4

0.057

Toluene (Methyl Benzene)

108-88-3

0.080

Xylene(s) (Total)

1330-20-7

0.32

Antimony

7740-36-0

1.9

1.15 mg/L TCLP

Arsenic

7740-38-2

1.4

5 mg/L TCLP

Nickel

7440-02-0

3.98

11.0 mg/L TCLP

Vanadium

7440-62-2

4.3

1.6 mg/L TCLP

Reactive Sulfides

DEACT

P001

Warfarin, & salts, when present at concentrations greater than 0.3 percent

Warfarin

81-81-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P002

1-Acetyl-2-thiourea

591-08-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P003

Acrolein

107-02-8

0.29

CMBST

P004

Aldrin

309-00-2

0.021

0.066

P005

Allyl alcohol

107-18-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P006

Aluminum phosphide

20859-73-8

CHOXD;

CHRED; or

CMBST

CHOXD;

CHRED; or

CMBST

250

P007

5-Aminomethyl-3-isoxazolol

2763-96-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P008

4-Aminopyridine

504-24-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P009

Ammonium picrate

131-74-8

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

P010

Arsenic acid

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

P011

Arsenic pentoxide

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

P012

Arsenic trioxide

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

P013

Barium cyanide

Barium

7440-39-3

21 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

251

P014

Thiophenol (Benzene thiol)

108-98-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P015

Beryllium dust

Beryllium

7440-41-7

RMETL;or

RTHRM

RMETL; or

RTHRM

P016

Dichloromethyl ether (Bis(chloromethyl)ether)

Dichloromethyl ether

542-88-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P017

Bromoacetone

598-31-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P018

Brucine

357-57-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P020

2-sec-Butyl-4,6-dinitrophenol (Dinoseb)

2-sec-Butyl-4,6-dinitrophenol

(Dinoseb)

88-85-7

0.066

2.5

P021

Calcium cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

252

P022

Carbon disulfide

75-15-0

3.8

CMBST

Carbon disulfide; alternate

standard for nonwastewaters

only

75-15-0

4.8 mg/l TCLP

P023

Chloroacetaldehyde

107-20-0

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P024

p-Chloroaniline

106-47-8

0.46

P026

1-(o-Chlorophenyl)thiourea

5344-82-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P027

3-Chloropropionitrile

542-76-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P028

Benzyl chloride

100-44-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P029

Copper cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

253

P030

Cyanides (soluble salts and complexes)

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

P031

Cyanogen

460-19-5

CHOXD;

WETOX; or

CMBST

CHOXD;

WETOX; or

CMBST

P033

Cyanogen chloride

506-77-4

CHOXD;

WETOX; or

CMBST

CHOXD;

WETOX; or

CMBST

P034

2-Cyclohexyl-4,6-dinitrophenol

131-89-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P036

Dichlorophenylarsine

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

P037

Dieldrin

60-57-1

0.017

0.13

P038

Diethylarsine

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

P039

Disulfoton

298-04-4

0.017

6.2

P040

O,O-Diethyl-O-pyrazinyl-phosphorothioate

O,O-Diethyl-O-pyrazinyl-

phosphorothioate

297-97-2

CARBN; or

CMBST

254

P041

Diethyl-p-nitrophenyl phosphate

311-45-5

CARBN; or

CMBST

P042

Epinephrine

51-43-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P043

Diisopropylfluorophosphate (DFP)

Diisopropylfluorophosphate

(DFP)

55-91-4

CARBN; or

CMBST

P044

Dimethoate

60-51-5

CARBN; or

CMBST

P045

Thiofanox

39196-18-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P046

-Dimethylphenethylamine

122-09-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P047

4,6-Dinitro-o-cresol

543-52-1

0.28

160

255

P047

4,6-Dinitro-o-cresol salts

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P048

2,4-Dinitrophenol

51-28-5

0.12

160

P049

Dithiobiuret

541-53-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P050

Endosulfan

Endosulfan I

939-98-8

0.023

0.066

Endosulfan II

33213-6-5

0.029

0.13

Endosulfan sulfate

1031-07-8

0.029

0.13

P051

Endrin

72-20-8

0.0028

0.13

Endrin aldehyde

7421-93-4

0.025

0.13

P054

Aziridine

151-56-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P056

Fluorine

Fluoride (measured in

wastewaters only)

16964-48-8

ADGAS fb

NEUTR

256

P057

Fluoroacetamide

640-19-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P058

Fluoroacetic acid, sodium salt

62-74-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P059

Heptachlor

76-44-8

0.0012

0.066

Heptachlor epoxide

1024-57-3

0.016

0.066

P060

Isodrin

465-73-6

0.021

0.066

P062

Hexaethyl tetraphosphate

757-58-4

CARBN; or

CMBST

P063

Hydrogen cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

P064

Isocyanic acid, ethyl ester

624-83-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P065

P065 (mercury fulminate) nonwastewaters, regardless of their total mercury content, that are

not incinerator residues or are not residues from RMERC.

Mercury

7439-97-6

IMERC

257

P065

P065 (mercury fulminate) nonwastewaters that are either incinerator residues or are residues

from RMERC; and contain greater than or equal to 260 mg/kg total mercury.

Mercury

7339-97-6

RMERC

P065

P065 (mercury fulminate) nonwastewaters that are residues from RMERC and contain less

than 260 mg/kg total mercury.

Mercury

7439-97-6

0.20 mg/l TCLP

P065

P065 (mercury fulminate) nonwastewaters that are incinerator residues and contain less than

260 mg/kg total mercury.

Mercury

7439-97-6

0.025 mg/l TCLP

P065

All P065 (mercury fulminate) wastewaters.

Mercury

7439-97-6

0.15

P066

Methomyl

16752-77-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P067

2-Methyl-aziridine

75-55-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P068

Methyl hydrazine

60-34-4

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED, or

CMBST

258

P069

2-Methyllactonitrile

75-86-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P070

Aldicarb

116-06-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P071

Methyl parathion

298-00-0

0.014

4.6

P072

1-Naphthyl-2-thiourea

86-88-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P073

Nickel carbonyl

Nickel

7440-02-0

3.98

11 mg/l TCLP

P074

Nickel cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Nickel

7440-02-0

3.98

11 mg/l TCLP

P075

Nicotine and salts

54-11-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P076

Nitric oxide

10102-43-9

ADGAS

259

P077

p-Nitroaniline

100-01-6

0.028

P078

Nitrogen dioxide

10102-44-0

ADGAS

P081

Nitroglycerin

55-63-0

CHOXD;

CHRED;

CARBN; BIODG

or CMBST

CHOXD;

CHRED; or

CMBST

P082

N-Nitrosodimethylamine

62-75-9

0.40

2.3

P084

N-Nitrosomethylvinylamine

4549-40-0

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P085

Octamethylpyrophosphoramide

152-16-9

CARBN; or

CMBST

P087

Osmium tetroxide

20816-12-0

RMETL; or

RTHRM

RMETL; or

RTHRM

P088

Endothall

145-73-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

260

P089

Parathion

56-38-2

0.014

4.6

P092

P092 (phenyl mercuric acetate) nonwastewaters, regardless of their total mercury content, that

are not incinerator residues or are not residues from RMERC.

Mercury

7439-97-6

IMERC; or

RMERC

P092

P092 (phenyl mercuric acetate) nonwastewaters that are either incinerator residues or are

residues from RMERC; and still contain greater than or equal to 260 mg/kg total mercury.

Mercury

7439-97-6

RMERC

P092

P092 (phenyl mercuric acetate) nonwastewaters that are residues from RMERC and contain

less than 260 mg/kg total mercury.

Mercury

7439-97-6

0.20 mg/l TCLP

P092

P092 (phenyl mercuric acetate) nonwastewaters that are incinerator residues and contain less

than 260 mg/kg total mercury.

Mercury

7439-97-6

0.025 mg/l TCLP

P092

All P092 (phenyl mercuric acetate) wastewaters.

Mercury

7439-97-6

0.15

P093

Phenylthiourea

103-85-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P094

Phorate

298-02-2

0.021

4.6

261

P095

Phosgene

75-44-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P096

Phosphine

7803-51-2

CHOXD;

CHRED; or

CMBST

CHOXD;

CHRED; or

CMBST

P097

Famphur

52-85-7

0.017

P098

Potassium cyanide.

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

P099

Potassium silver cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Silver

7440-22-4

0.43

0.14 mg/l TCLP

P101

Ethyl cyanide (Propanenitrile)

107-12-0

0.24

360

P102

Propargyl alcohol

107-19-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P103

Selenourea

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

262

P104

Silver cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Silver

7440-22-4

0.43

0.14 mg/l TCLP

P105

Sodium azide

26628-22-8

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

P106

Sodium cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

P108

Strychnine and salts

57-24-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P109

Tetraethyldithiopyrophosphate

3689-24-5

CARBN; or

CMBST

P110

Tetraethyl lead

Lead

7439-92-1

0.69

0.75 mg/l TCLP

P111

Tetraethylpyrophosphate

107-49-3

CARBN; or

CMBST

P112

Tetranitromethane

509-14-8

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

263

P113

Thallic oxide

Thallium (measured in

wastewaters only)

7440-28-0

1.4

RTHRM; or

STABL

P114

Thallium selenite

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

P115

Thallium (I) sulfate

Thallium (measured in

wastewaters only)

7440-28-0

1.4

RTHRM; or

STABL

P116

Thiosemicarbazide

79-19-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P118

Trichloromethanethiol

75-70-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

P119

Ammonium vanadate

Vanadium (measured in

wastewaters only)

7440-62-2

4.3

STABL

P120

Vanadium pentoxide

Vanadium (measured in

wastewaters only)

7440-62-2

4.3

STABL

P121

Zinc cyanide

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

264

P122

Zinc phosphide Zn

, when present at concentrations greater than 10 percent

Zinc Phosphide

1314-84-7

CHOXD;

CHRED; or

CMBST

CHOXD;

CHRED; or

CMBST

P123

Toxaphene

8001-35-2

0.0095

2.6

P127

Carbofuran

1563-66-2

0.006

0.14

P128

Mexacarbate

315-18-4

0.056

1.4

P185

Tirpate

26419-73-8

0.056

0.28

P188

Physostigimine salicylate

Physostigmine salicylate

57-64-7

0.056

1.4

P189

Carbosulfan

55285-14-8

0.028

1.4

P190

Metolcarb

1129-41-5

0.056

1.4

P191

Dimetilan

644-64-4

0.056

1.4

P192

Isolan

119-38-0

0.056

1.4

P194

Oxamyl

23135-22-0

0.056

0.280.0028

265

P196

Manganese dimethyldithiocarbamates (total)

Dithiocarbamates (total)

0.028

P197

Formparanate

17702-57-7

0.056

1.4

P198

Formetanate hydrochloride

23422-53-9

0.056

1.4

P199

Methiocarb

2032-65-7

0.056

1.4

P201

Promecarb

2631-37-0

0.056

1.4

P202

m-Cumenyl methylcarbamate

64-00-6

0.056

1.4

P203

Aldicarb sulfone

1646-88-4

0.056

0.28

P204

Physostigmine

57-47-6

0.056

1.4

P205

Ziram

Dithiocarbamates (total)

0.028

U001

Acetaldehyde

75-07-0

(WETOX or

CHOXD) fb

CARBN; or

CMBST

266

U002

Acetone

67-64-1

0.28

160

U003

Acetonitrile

75-05-8

5.6

CMBST

Acetonitrile; alternate

standard

for nonwastewaters only

75-05-8

U004

Acetophenone

98-86-2

0.010

9.7

U005

2-Acetylaminofluorene

53-96-3

0.059

140

U006

Acetyl chloride

75-36-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U007

Acrylamide

79-06-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U008

Acrylic acid

79-10-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U009

Acrylonitrile

107-13-1

0.24

267

U010

Mitomycin C

50-07-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U011

Amitrole

61-82-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U012

Aniline

62-53-3

0.81

U014

Auramine

492-80-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U015

Azaserine

115-02-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U016

Benz(c)acridine

225-51-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U017

Benzal chloride

98-87-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

268

U018

Benz(a)anthracene

56-55-3

0.059

3.4

U019

Benzene

71-43-2

0.14

U020

Benzenesulfonyl chloride

98-09-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U021

Benzidine

92-87-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U022

Benzo(a)pyrene

50-32-8

0.061

3.4

U023

Benzotrichloride

98-07-7

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U024

bis(2-Chloroethoxy)methane

111-91-1

0.036

7.2

U025

bis(2-Chloroethyl)ether

111-44-4

0.033

6.0

269

U026

Chlornaphazine

494-03-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U027

bis(2-Chloroisopropyl)ether

39638-32-9

0.055

7.2

U028

bis(2-Ethylhexyl)phthalate

117-81-7

0.28

U029

Methyl bromide (Bromomethane)

Methyl bromide (Bromo-

methane)

74-83-9

0.11

U030

4-Bromophenyl phenyl ether

101-55-3

0.055

U031

n-Butyl alcohol

71-36-3

5.6

2.6

U032

Calcium chromate

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

U033

Carbon oxyfluoride

353-50-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U034

Trichloroacetaldehyde (Chloral)

75-87-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

270

U035

Chlorambucil

305-03-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U036

Chlordane

Chlordane (

and

isomers)

57-74-9

0.0033

0.26

U037

Chlorobenzene

108-90-7

0.057

6.0

U038

Chlorobenzilate

510-15-6

0.10

CMBST

U039

p-Chloro-m-cresol

59-50-7

0.018

U041

Epichlorohydrin (1-Chloro-2,3-epoxypropane)

Epichlorohydrin (1-Chloro-2,3-

epoxypropane)

106-89-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U042

2-Chloroethyl vinyl ether

110-75-8

0.062

CMBST

U043

Vinyl chloride

75-01-4

0.27

6.0

U044

Chloroform

67-66-3

0.046

6.0

271

U045

Chloromethane (Methyl chloride)

Chloromethane (Methyl

chloride)

74-87-3

0.19

U046

Chloromethyl methyl ether

107-30-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U047

2-Chloronaphthalene

91-58-7

0.055

5.6

U048

2-Chlorophenol

95-57-8

0.044

5.7

U049

4-Chloro-o-toluidine hydrochloride

4-Chloro-o-toluidine hydro-

chloride

3165-93-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U050

Chrysene

218-01-9

0.059

3.4

U051

Creosote

Naphthalene

91-20-3

0.059

5.6

Pentachlorophenol

87-86-5

0.089

7.4

Phenanthrene

85-01-8

0.059

5.6

Pyrene

129-00-0

0.067

8.2

Toluene

108-88-3

0.080

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Lead

7439-92-1

0.69

0.75 mg/l TCLP

272

U052

Cresols (Cresylic acid)

o-Cresol

95-48-7

0.11

5.6

m-Cresol (difficult to

distinguish from p-cresol)

108-39-4

0.77

5.6

p-Cresol (difficult to distinguish

from m-cresol)

106-44-5

0.77

5.6

Cresol-mixed isomers (Cresylic

acid)

(sum of o-, m-, and p-cresol

concentrations)

1319-77-3

0.88

11.2

U053

Crotonaldehyde

4170-30-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U055

Cumene

98-82-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U056

Cyclohexane

110-82-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U057

Cyclohexanone

108-94-1

0.36

CMBST

Cyclohexanone; alternate

standard for nonwastewaters

only

108-94-1

0.75 mg/l TCLP

U058

Cyclophosphamide

50-18-0

CARBN; or

CMBST

273

U059

Daunomycin

20830-81-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U060

DDD

o,p'-DDD

53-19-0

0.023

0.087

p,p'-DDD

72-54-8

0.023

0.087

U061

DDT

o,p'-DDT

789-02-6

0.0039

0.087

p,p'-DDT

50-29-3

0.0039

0.087

o,p'-DDD

53-19-0

0.023

0.087

p,p'-DDD

72-54-8

0.023

0.087

o,p'-DDE

3424-82-6

0.031

0.087

p,p'-DDE

72-55-9

0.031

0.087

U062

Diallate

2303-16-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U063

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

U064

Dibenz(a,i)pyrene

189-55-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U066

1,2-Dibromo-3-chloropropane

96-12-8

0.11

274

U067

Ethylene dibromide (1,2-Dibromoethane)

Ethylene dibromide (1,2-

Dibromoethane)

106-93-4

0.028

U068

Dibromomethane

74-95-3

0.11

U069

Di-n-butyl phthalate

84-74-2

0.057

U070

o-Dichlorobenzene

95-50-1

0.088

6.0

U071

m-Dichlorobenzene

541-73-1

0.036

6.0

U072

p-Dichlorobenzene

106-46-7

0.090

6.0

U073

3,3'-Dichlorobenzidine

91-94-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U074

1,4-Dichloro-2-butene

cis-1,4-Dichloro-2-butene

1476-11-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

trans-1,4-Dichloro-2-butene

764-41-0

(WETOX or

CHOXD) fb

CARBN; or

CMBST

275

U075

Dichlorodifluoromethane

75-71-8

0.23

7.2

U076

1,1-Dichloroethane

75-34-3

0.059

6.0

U077

1,2-Dichloroethane

107-06-2

0.21

6.0

U078

1,1-Dichloroethylene

75-35-4

0.025

6.0

U079

1,2-Dichloroethylene

trans-1,2-Dichloroethylene

156-60-5

0.054

U080

Methylene chloride

75-09-2

0.089

U081

2,4-Dichlorophenol

120-83-2

0.044

U082

2,6-Dichlorophenol

87-65-0

0.044

U083

1,2-Dichloropropane

78-87-5

0.85

U084

1,3-Dichloropropylene

cis-1,3-Dichloropropylene

10061-01-5

0.036

trans-1,3-Dichloropropylene

10061-02-6

0.036

276

U085

1,2:3,4-Diepoxybutane

1464-53-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U086

N,N'-Diethylhydrazine

1615-80-1

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U087

O,O-Diethyl-S-methyldithiophosphate

O,O-Diethyl-S-methyldithio-

phosphate

3288-58-2

CARBN; or

CMBST

U088

Diethyl phthalate

84-66-2

0.20

U089

Diethyl stilbestrol

56-53-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U090

Dihydrosafrole

94-58-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U091

3,3'-Dimethoxybenzidine

119-90-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

277

U092

Dimethylamine

124-40-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U093

p-Dimethylaminoazobenzene

60-11-7

0.13

CMBST

U094

7,12-Dimethylbenz(a)anthracene

7,12-Dimethylbenz(a)-

anthracene

57-97-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U095

3,3'-Dimethylbenzidine

119-93-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U096

-Dimethyl benzyl hydroperoxide

-Dimethyl benzyl hydro-

peroxide

80-15-9

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U097

Dimethylcarbamoyl chloride

79-44-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U098

1,1-Dimethylhydrazine

57-14-7

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

278

U099

1,2-Dimethylhydrazine

540-73-8

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U101

2,4-Dimethylphenol

105-67-9

0.036

U102

Dimethyl phthalate

131-11-3

0.047

U103

Dimethyl sulfate

77-78-1

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U105

2,4-Dinitrotoluene

121-14-2

0.32

140

U106

2,6-Dinitrotoluene

606-20-2

0.55

U107

Di-n-octyl phthalate

117-84-0

0.017

U108

1,4-Dioxane

123-91-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

1,4-Dioxane; alternate

standard

for nonwastewaters only

123-91-1

12.0

170

279

U109

1,2-Diphenylhydrazine

122-66-7

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

1,2-Diphenylhydrazine;

alternate

standard for

wastewaters only

122-66-7

0.087

U110

Dipropylamine

142-84-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U111

Di-n-propylnitrosamine

621-64-7

0.40

U112

Ethyl acetate

141-78-6

0.34

U113

Ethyl acrylate

140-88-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U114

Ethylenebisdithiocarbamic acid salts and esters

Ethylenebisdithiocarbamic acid

111-54-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U115

Ethylene oxide

75-21-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

CHOXD; or

CMBST

280

Ethylene oxide; alternate

standard for wastewaters only

75-21-8

0.12

U116

Ethylene thiourea

96-45-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U117

Ethyl ether

60-29-7

0.12

160

U118

Ethyl methacrylate

97-63-2

0.14

160

U119

Ethyl methane sulfonate

62-50-0

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U120

Fluoranthene

206-44-0

0.068

3.4

U121

Trichloromonofluoromethane

75-69-4

0.020

U122

Formaldehyde

50-00-0

(WETOX or

CHOXD) fb

CARBN; or

CMBST

281

U123

Formic acid

64-18-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U124

Furan

110-00-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U125

Furfural

98-01-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U126

Glycidylaldehyde

765-34-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U127

Hexachlorobenzene

118-74-1

0.055

U128

Hexachlorobutadiene

87-68-3

0.055

5.6

U129

Lindane

-BHC

319-84-6

0.00014

0.066

-BHC

319-85-7

0.00014

0.066

-BHC

319-86-8

0.023

0.066

-BHC (Lindane)

58-89-9

0.0017

0.066

282

U130

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

U131

Hexachloroethane

67-72-1

0.055

U132

Hexachlorophene

70-30-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U133

Hydrazine

302-01-2

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U134

Hydrogen fluoride

Fluoride (measured in

wastewaters only)

16964-48-8

ADGAS fb

NEUTR; or

NEUTR

U135

Hydrogen sulfide

7783-06-4

CHOXD;

CHRED; or

CMBST

CHOXD;

CHRED; or

CMBST

U136

Cacodylic acid

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

U137

Indeno(1,2,3-c,d)pyrene

193-39-5

0.0055

3.4

U138

Iodomethane

74-88-4

0.19

283

U140

Isobutyl alcohol

78-83-1

5.6

170

U141

Isosafrole

120-58-1

0.081

2.6

U142

Kepone

143-50-8

0.0011

0.13

U143

Lasiocarpine

303-34-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U144

Lead acetate

Lead

7439-92-1

0.69

0.75 mg/l TCLP

U145

Lead phosphate

Lead

7439-92-1

0.69

0.75 mg/l TCLP

U146

Lead subacetate

Lead

7439-92-1

0.69

0.75 mg/l TCLP

U147

Maleic anhydride

108-31-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U148

Maleic hydrazide

123-33-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

284

U149

Malononitrile

109-77-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U150

Melphalan

148-82-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U151

U151 (mercury) nonwastewaters that contain greater than or equal to 260 mg/kg total mercury.

Mercury

7439-97-6

RMERC

U151

U151 (mercury) nonwastewaters that contain less than 260 mg/kg total mercury and that are

residues from RMERC only.

Mercury

7439-97-6

0.20 mg/l TCLP

U151

U151 (mercury) nonwastewaters that contain less than 260 mg/kg total mercury and that are

not residues from RMERC only.

Mercury

7439-97-6

0.025 mg/l TCLP

U151

All U151 (mercury) wastewater.

Mercury

7439-97-6

0.15

U151

Element Mercury Contaminated with Radioactive Materials

Mercury

7439-97-6

AMLGM

U152

Methacrylonitrile

126-98-7

0.24

285

U153

Methanethiol

74-93-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U154

Methanol

67-56-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

Methanol; alternate

set of

standards for both wastewaters

and nonwastewaters

67-56-1

5.6

0.75 mg/l TCLP

U155

Methapyrilene

91-80-5

0.081

1.5

U156

Methyl chlorocarbonate

79-22-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U157

3-Methylcholanthrene

56-49-5

0.0055

U158

4,4'-Methylene bis(2-chloroaniline)

4,4'-Methylene bis(2-chloro-

aniline)

101-14-4

0.50

U159

Methyl ethyl ketone

78-93-3

0.28

286

U160

Methyl ethyl ketone peroxide

1338-23-4

CHOXD;

CHRED;

CARBN; BIODG;

or CMBST

CHOXD;

CHRED; or

CMBST

U161

Methyl isobutyl ketone

108-10-1

0.14

U162

Methyl methacrylate

80-62-6

0.14

160

U163

N-Methyl-N'-nitro-N-nitrosoguanidine

N-Methyl-N'-nitro-N-nitroso-

guanidine

70-25-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U164

Methylthiouracil

56-04-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U165

Naphthalene

91-20-3

0.059

5.6

U166

1,4-Naphthoquinone

130-15-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

287

U167

1-Naphthylamine

134-32-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U168

2-Naphthylamine

91-59-8

0.52

CMBST

U169

Nitrobenzene

98-95-3

0.068

U170

p-Nitrophenol

100-02-7

0.12

U171

2-Nitropropane

79-46-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U172

N-Nitrosodi-n-butylamine

924-16-3

0.40

U173

N-Nitrosodiethanolamine

1116-54-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U174

N-Nitrosodiethylamine

55-18-5

0.40

288

U176

N-Nitroso-N-ethylurea

759-73-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U177

N-Nitroso-N-methylurea

684-93-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U178

N-Nitroso-N-methylurethane

615-53-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U179

N-Nitrosopiperidine

100-75-4

0.013

U180

N-Nitrosopyrrolidine

930-55-2

0.013

U181

5-Nitro-o-toluidine

99-55-8

0.32

U182

Paraldehyde

123-63-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U183

Pentachlorobenzene

608-93-5

0.055

289

U184

Pentachloroethane

76-01-7

(WETOX or

CHOXD) fb

CARBN; or

CMBST

Pentachloroethane; alternate

standards for both wastewaters

and nonwastewaters

76-01-7

0.055

6.0

U185

Pentachloronitrobenzene

82-68-8

0.055

4.8

U186

1,3-Pentadiene

504-60-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U187

Phenacetin

62-44-2

0.081

U188

Phenol

108-95-2

0.039

6.2

U189

Phosphorus sulfide

1314-80-3

CHOXD;

CHRED; or

CMBST

CHOXD;

CHRED; or

CMBST

U190

Phthalic anhydride

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

100-21-0

0.055

Phthalic anhydride (measured

as Phthalic acid or Terephthalic

acid)

85-44-9

0.055

290

U191

2-Picoline

109-06-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U192

Pronamide

23950-58-5

0.093

1.5

U193

1,3-Propane sultone

1120-71-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U194

n-Propylamine

107-10-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U196

Pyridine

110-86-1

0.014

U197

p-Benzoquinone

106-51-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U200

Reserpine

50-55-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

291

U201

Resorcinol

108-46-3

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U202

Saccharin and salts

Saccharin

81-07-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U203

Safrole

94-59-7

0.081

U204

Selenium dioxide

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

U205

Selenium sulfide

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

U206

Streptozotocin

18883-66-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U207

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

U208

1,1,1,2-Tetrachloroethane

630-20-6

0.057

6.0

U209

1,1,2,2-Tetrachloroethane

79-34-5

0.057

6.0

292

U210

Tetrachloroethylene

127-18-4

0.056

6.0

U211

Carbon tetrachloride

56-23-5

0.057

6.0

U213

Tetrahydrofuran

109-99-9

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U214

Thallium (I) acetate

Thallium (measured in

wastewaters only)

7440-28-0

1.4

RTHRM; or

STABL

U215

Thallium (I) carbonate

Thallium (measured in

wastewaters only)

7440-28-0

1.4

RTHRM; or

STABL

U216

Thallium (I) chloride

Thallium (measured in

wastewaters only)

7440-28-0

1.4

RTHRM; or

STABL

U217

Thallium (I) nitrate

Thallium (measured in

wastewaters only)

7440-28-0

1.4

RTHRM; or

STABL

U218

Thioacetamide

62-55-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

293

U219

Thiourea

62-56-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U220

Toluene

108-88-3

0.080

U221

Toluenediamine

25376-45-8

CARBN; or

CMBST

U222

o-Toluidine hydrochloride

636-21-5

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U223

Toluene diisocyanate

26471-62-5

CARBN; or

CMBST

U225

Bromoform (Tribromomethane)

75-25-2

0.63

U226

1,1,1-Trichloroethane

71-55-6

0.054

6.0

U227

1,1,2-Trichloroethane

79-00-5

0.054

6.0

U228

Trichloroethylene

79-01-6

0.054

6.0

294

U234

1,3,5-Trinitrobenzene

99-35-4

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U235

tris-(2,3-Dibromopropyl)-phosphate

tris-(2,3-Dibromopropyl)-

phosphate

126-72-7

0.11

0.10

U236

Trypan Blue

72-57-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U237

Uracil mustard

66-75-1

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U238

Urethane (Ethyl carbamate)

51-79-6

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U239

Xylenes

Xylenes-mixed isomers

(sum of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

U240

2,4-D (2,4-Dichlorophenoxyacetic acid)

2,4-D (2,4-Dichloro-

phenoxyacetic acid)

94-75-7

0.72

295

2,4-D (2,4-Dichloro-

phenoxyacetic acid) salts and

esters

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U243

Hexachloropropylene

1888-71-7

0.035

U244

Thiram

137-26-8

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U246

Cyanogen bromide

506-68-3

CHOXD;

WETOX; or

CMBST

CHOXD;

WETOX; or

CMBST

U247

Methoxychlor

72-43-5

0.25

0.18

U248

Warfarin, & salts, when present at concentrations of 0.3 percent or less

Warfarin

81-81-2

(WETOX or

CHOXD) fb

CARBN; or

CMBST

U249

Zinc phosphide, Zn

, when present at concentrations of 10 percent or less

Zinc Phosphide

1314-84-7

CHOXD;

CHRED; or

CMBST

CHOXD;

CHRED; or

CMBST

U271

Benomyl

17804-35-2

0.056

1.4

296

U278

Bendiocarb

22781-23-3

0.056

1.4

U279

Carbaryl

63-25-2

0.006

0.14

U280

Barban

101-27-9

0.056

1.4

U328

o-Toluidine

95-53-4

CMBST; or

CHOXD fb

(BIODG or

CARBN); or

BIODG fb

CARBN

CMBST

U353

p-Toluidine

106-49-0

CMBST; or

CHOXD fb

(BIODG or

CARBN); or

BIODG fb

CARBN

CMBST

U359

2-Ethoxyethanol

110-80-5

CMBST; or

CHOXD fb

(BIODG or

CARBN); or

BIODG fb

CARBN

CMBST

U364

Bendiocarb phenol

22961-82-6

0.056

1.4

297

U367

Carbofuran phenol

1563-38-8

0.056

1.4

U372

Carbendazim

10605-21-7

0.056

1.4

U373

Propham

122-42-9

0.056

1.4

U387

Prosulfocarb

52888-80-9

0.042

1.4

U389

Triallate

2303-17-5

0.042

1.4

U394

A2213

30558-43-1

0.042

1.4

U395

Diethylene glycol, dicarbamate

5952-26-1

0.056

1.4

U404

Triethylamine

101-44-8

0.081

1.5

U408

2,4,6-Tribromophenol

118-79-6

0.035

7.4

U409

Thiophanate-methyl

23564-05-8

0.056

1.4

U410

Thiodicarb

59669-26-0

0.019

1.4

298

U411

Propoxur

114-26-1

0.056

1.4

Notes:

The waste descriptions provided in this table do not replace waste descriptions in 35 Ill.

Adm. Code 721. Descriptions of Treatment or Regulatory Subcategories are provided,

as needed, to distinguish between applicability of different standards.

CAS means Chemical Abstract Services. When the waste code or regulated

constituents are described as a combination of a chemical with its salts or esters, the

CAS number is given for the parent compound only.

Concentration standards for wastewaters are expressed in mg/l and are based on

analysis of composite samples.

All treatment standards expressed as a Technology Code or combination of Technology

Codes are explained in detail in Table C of this Part, “Technology Codes and

Descriptions of Technology-Based Standards”. “fb” inserted between waste codes

denotes “followed by”, so that the first-listed treatment is followed by the second-listed

treatment. “;” separates alternative treatment schemes.

Except for Metals (EP or TCLP) and Cyanides (Total and Amenable) the

nonwastewater treatment standards expressed as a concentration were established, in

part, based upon incineration in units operated in accordance with the technical

requirements of 35 Ill. Adm. Code 724.Subpart O or 35 Ill. Adm. Code 725.Subpart O

or based upon combustion in fuel substitution units operating in accordance with

applicable technical requirements. A facility may comply with these treatment

standards according to provisions in 35 Ill. Adm. Code 728.140(d). All concentration

standards for nonwastewaters are based on analysis of grab samples.

Where an alternate treatment standard or set of alternate standards has been indicated, a

facility may comply with this alternate standard, but only for the Treatment or

Regulatory Subcategory or physical form (i.e., wastewater or nonwastewater) specified

for that alternate standard.

Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed

using Method 9010 or 9012, found in “Test Methods for Evaluating Solid Waste,

Physical or Chemical Methods”, USEPA Publication SW-846, incorporated by

reference in 35 Ill. Adm. Code 720.111, with a sample size of 10 grams and a

distillation time of one hour and 15 minutes.

These wastes, when rendered nonhazardous non-hazardous and then subsequently

managed in CWA or CWA-equivalent systems, are not subject to treatment standards.

299

(See Section 728.101(c)(3) and (c)(4).)

These wastes, when rendered nonhazardous non-hazardous and then subsequently

injected in a Class I SDWA well, are not subject to treatment standards. (See 35 Ill.

Adm. Code 738.101(d).)

This footnote corresponds with note 10 to the table to 40 CFR 268.40, which has

already expired by its own terms. This statement maintains structural consistency with

the federal regulations.The treatment standard for this waste may be satisfied by either

meeting the constituent concentrations in the table in this Section or by treating the

waste by the specified technologies: combustion, as defined by the technology code

CMBST at Table C, for nonwastewaters, and biodegradation, as defined by the

technology code BIODG; carbon adsorption, as defined by the technology code

CARBN; chemical oxidation, as defined by the technology code CHOXD; or

combustion, as defined as technology code CMBST, at Table C, for wastewaters.

For these wastes, the definition of CMBST is limited to any of the following that have

obtained a determination of equivalent treatment under Section 728.142(b): (1)

combustion units operating under 35 Ill. Adm. Code 726, (2) combustion units

permitted under 35 Ill. Adm. Code 724.Subpart O, or (3) combustion units operating

under 35 Ill. Adm. Code 725.Subpart O.

BOARD NOTE: Derived from table to 40 CFR 268.40 (19971998), as amended at 63 Fed.

Reg. 24626 47415 (May 4Sep. 4, 1998), 63 Fed. Reg. 28643 (May 26, 1998), and 63 Fed.

Reg. 35149 51264 (June 29Sep. 24, 1998).

means not applicable.

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

Section 728.Table U

Universal Treatment Standards (UTS)

Regulated Constituent-

Common Name

CAS

No.

Wastewater

Standard

Concentration (in

mg/l

)

Nonwastewater

Standard

Concentration (in

mg/kg

unless

noted as “mg/l

TCLP”)

A2213

30558-43-1

0.042

1.4

Acenaphthylene

208-96-8

0.059

3.4

Acenaphthene

83-32-9

0.059

3.4

Acetone

67-64-1

0.28

160

Acetonitrile

75-05-8

5.6

Acetophenone

96-86-2

0.010

9.7

2-Acetylaminofluorene

53-96-3

0.059

140

300

Acrolein

107-02-8

0.29

Acrylamide

79-06-1

Acrylonitrile

107-13-1

0.24

Aldicarb sulfone

1646-88-4

0.056

0.28

Aldrin

309-00-2

0.021

0.066

4-Aminobiphenyl

92-67-1

0.13

Aniline

62-53-3

0.81

Anthracene

120-12-7

0.059

3.4

Aramite

140-57-8

0.36

-BHC

319-84-6

0.00014

0.066

-BHC

319-85-7

0.00014

0.066

-BHC

319-86-8

0.023

0.066

-BHC

58-89-9

0.0017

0.066

Barban

101-27-9

0.056

1.4

Bendiocarb

22781-23-3

0.056

1.4

Bendiocarb phenol

22961-82-6

0.056

1.4

Benomyl

17804-35-2

0.056

1.4

Benz(a)anthracene

56-55-3

0.059

3.4

Benzal chloride

98-87-3

0.055

6.0

Benzene

71-43-2

0.14

Benzo(b)fluoranthene

(difficult to distinguish from

benzo(k)fluoranthene)

205-99-2

0.11

6.8

Benzo(k)fluoranthene

(difficult to distinguish from

benzo(b)fluoranthene)

207-08-9

0.11

6.8

Benzo(g,h,i)perylene

191-24-2

0.0055

1.8

Benzo(a)pyrene

50-32-8

0.061

3.4

Bromodichloromethane

75-27-4

0.35

Methyl bromide (Bromo-

methane)

74-83-9

0.11

4-Bromophenyl phenyl ether

101-55-3

0.055

n-Butyl alcohol

71-36-3

5.6

2.6

Butylate

2008-41-5

0.042

1.4

Butyl benzyl phthalate

85-68-7

0.017

2-sec-Butyl-4,6-dinitro-

phenol (Dinoseb)

88-85-7

0.066

2.5

Carbaryl

63-25-2

0.006

0.14

Carbenzadim

10605-21-7

0.056

1.4

Carbofuran

1563-66-2

0.006

0.14

Carbofuran phenol

1563-38-8

0.056

1.4

Carbon disulfide

75-15-0

3.8

4.8 mg/l TCLP

Carbon tetrachloride

56-23-5

0.057

6.0

Carbosulfan

55285-14-8

0.028

1.4

Chlordane (

and

isomers)

57-74-9

0.0033

0.26

301

p-Chloroaniline

106-47-8

0.46

Chlorobenzene

108-90-7

0.057

6.0

Chlorobenzilate

510-15-6

0.10

2-Chloro-1,3-butadiene

126-99-8

0.057

0.28

p-Chloro-m-cresol

59-50-7

0.018

Chlorodibromomethane

124-48-1

0.057

Chloroethane

75-00-3

0.27

6.0

bis(2-Chloroethoxy)methane

111-91-1

0.036

7.2

bis(2-Chloroethyl)ether

111-44-4

0.033

6.0

2-Chloroethyl vinyl ether

110-75-8

0.062

Chloroform

67-66-3

0.046

6.0

bis(2-Chloroisopropyl)ether

39638-32-9

0.055

7.2

Chloromethane (Methyl

chloride)

74-87-3

0.19

2-Chloronaphthalene

91-58-7

0.055

5.6

2-Chlorophenol

95-57-8

0.044

5.7

3-Chloropropylene

107-05-1

0.036

Chrysene

218-01-9

0.059

3.4

o-Cresol

95-48-7

0.11

5.6

m-Cresol (difficult to

distinguish from p-cresol)

108-39-4

0.77

5.6

p-Cresol (difficult to

distinguish from m-cresol)

106-44-5

0.77

5.6

m-Cumenyl methyl

carbamate

64-00-6

0.056

1.4

Cyclohexanone

108-94-1

0.36

0.75 mg/l TCLP

o,p'-DDD

53-19-0

0.023

0.087

p,p'-DDD

72-54-8

0.023

0.087

o,p'-DDE

3424-82-6

0.031

0.087

p,p'-DDE

72-55-9

0.031

0.087

o,p'-DDT

789-02-6

0.0039

0.087

p,p'-DDT

50-29-3

0.0039

0.087

Dibenz(a,h)anthracene

53-70-3

0.055

8.2

Dibenz(a,e)pyrene

192-65-4

0.061

1,2-Dibromo-3-chloro-

propane

96-12-8

0.11

1,2-Dibromoethane/Ethylene

dibromide

106-93-4

0.028

Dibromomethane

74-95-3

0.11

m-Dichlorobenzene

541-73-1

0.036

6.0

o-Dichlorobenzene

95-50-1

0.088

6.0

p-Dichlorobenzene

106-46-7

0.090

6.0

Dichlorodifluoromethane

75-71-8

0.23

7.2

1,1-Dichloroethane

75-34-3

0.059

6.0

302

1,2-Dichloroethane

107-06-2

0.21

6.0

1,1-Dichloroethylene

75-35-4

0.025

6.0

trans-1,2-Dichloroethylene

156-60-5

0.054

2,4-Dichlorophenol

120-83-2

0.044

2,6-Dichlorophenol

87-65-0

0.044

2,4-Dichlorophenoxyacetic

acid/2,4-D

94-75-7

0.72

1,2-Dichloropropane

78-87-5

0.85

cis-1,3-Dichloropropylene

10061-01-5

0.036

trans-1,3-Dichloropropylene

10061-02-6

0.036

Dieldrin

60-57-1

0.017

0.13

Diethylene glycol,

dicarbamate

5952-26-1

0.056

1.4

Diethyl phthalate

84-66-2

0.20

p-Dimethylaminoazobenzene

60-11-7

0.13

2,4-Dimethyl phenol

105-67-9

0.036

Dimethyl phthalate

131-11-3

0.047

Dimetilan

644-64-4

0.056

1.4

Di-n-butyl phthalate

84-74-2

0.057

1,4-Dinitrobenzene

100-25-4

0.32

2.3

4,6-Dinitro-o-cresol

534-52-1

0.28

160

2,4-Dinitrophenol

51-28-5

0.12

160

2,4-Dinitrotoluene

121-14-2

0.32

140

2,6-Dinitrotoluene

606-20-2

0.55

Di-n-octyl phthalate

117-84-0

0.017

Di-n-propylnitrosamine

621-64-7

0.40

1,4-Dioxane

123-91-1

12.0

170

Diphenylamine (difficult to

distinguish from

diphenylnitrosamine)

122-39-4

0.92

Diphenylnitrosamine

(difficult to distinguish from

diphenylamine)

86-30-6

0.92

1,2-Diphenylhydrazine

122-66-7

0.087

Disulfoton

298-04-4

0.017

6.2

Dithiocarbamates (total)

137-30-4

0.028

Endosulfan I

959-98-8

0.023

0.066

Endosulfan II

33213-65-9

0.029

0.13

Endosulfan sulfate

1031-07-8

0.029

0.13

Endrin

72-20-8

0.0028

0.13

Endrin aldehyde

7421-93-4

0.025

0.13

EPTC

759-94-4

0.042

1.4

Ethyl acetate

141-78-6

0.34

Ethyl benzene

100-41-4

0.057

303

Ethyl cyanide

(Propanenitrile)

107-12-0

0.24

360

Ethylene oxide

75-21-8

0.12

Ethyl ether

60-29-7

0.12

160

bis(2-Ethylhexyl) phthalate

117-81-7

0.28

Ethyl methacrylate

97-63-2

0.14

160

Famphur

52-85-7

0.017

Fluoranthene

206-44-0

0.068

3.4

Fluorene

86-73-7

0.059

3.4

Formetanate hydrochloride

23422-53-9

0.056

1.4

Formparanate

17702-57-7

0.056

1.4

Heptachlor

76-44-8

0.0012

0.066

Heptachlor epoxide

1024-57-3

0.016

0.066

Hexachlorobenzene

118-74-1

0.055

Hexachlorobutadiene

87-68-3

0.055

5.6

Hexachlorocyclopentadiene

77-47-4

0.057

2.4

HxCDDs (All Hexachloro-

dibenzo-p-dioxins)

0.000063

0.001

HxCDFs (All Hexachloro-

dibenzofurans)

0.000063

0.001

Hexachloroethane

67-72-1

0.055

Hexachloropropylene

1888-71-7

0.035

Indeno (1,2,3-c,d) pyrene

193-39-5

0.0055

3.4

Iodomethane

74-88-4

0.19

Isobutyl alcohol

78-83-1

5.6

170

Isodrin

465-73-6

0.021

0.066

Isolan

119-38-0

0.056

1.4

Isosafrole

120-58-1

0.081

2.6

Kepone

143-50-0

0.0011

0.13

Methacrylonitrile

126-98-7

0.24

Methanol

67-56-1

5.6

0.75 mg/l TCLP

Methapyrilene

91-80-5

0.081

1.5

Methiocarb

2032-65-7

0.056

1.4

Methomyl

16752-77-5

0.028

0.14

Methoxychlor

72-43-5

0.25

0.18

3-Methylcholanthrene

56-49-5

0.0055

4,4-Methylene bis(2-chloro-

aniline)

101-14-4

0.50

Methylene chloride

75-09-2

0.089

Methyl ethyl ketone

78-93-3

0.28

Methyl isobutyl ketone

108-10-1

0.14

Methyl methacrylate

80-62-6

0.14

160

Methyl methansulfonate

66-27-3

0.018

Methyl parathion

298-00-0

0.014

4.6

Metolcarb

1129-41-5

0.056

1.4

304

Mexacarbate

315-18-4

0.056

1.4

Molinate

2212-67-1

0.042

1.4

Naphthalene

91-20-3

0.059

5.6

2-Naphthylamine

91-59-8

0.52

o-Nitroaniline

88-74-4

0.27

p-Nitroaniline

100-01-6

0.028

Nitrobenzene

98-95-3

0.068

5-Nitro-o-toluidine

99-55-8

0.32

o-Nitrophenol

88-75-5

0.028

p-Nitrophenol

100-02-7

0.12

N-Nitrosodiethylamine

55-18-5

0.40

N-Nitrosodimethylamine

62-75-9

0.40

2.3

N-Nitroso-di-n-butylamine

924-16-3

0.40

N-Nitrosomethylethylamine

10595-95-6

0.40

2.3

N-Nitrosomorpholine

59-89-2

0.40

2.3

N-Nitrosopiperidine

100-75-4

0.013

N-Nitrosopyrrolidine

930-55-2

0.013

Oxamyl

23135-22-0

0.056

0.28

Parathion

56-38-2

0.014

4.6

Total PCBs (sum of all PCB

isomers, or all Aroclors)

1336-36-3

0.10

Pebulate

1114-71-2

0.042

1.4

Pentachlorobenzene

608-93-5

0.055

PeCDDs (All Pentachloro-

dibenzo-p-dioxins)

0.000063

0.001

PeCDFs (All Pentachloro-

dibenzofurans)

0.000035

0.001

Pentachloroethane

76-01-7

0.055

6.0

Pentachloronitrobenzene

82-68-8

0.055

4.8

Pentachlorophenol

87-86-5

0.089

7.4

Phenacetin

62-44-2

0.081

Phenanthrene

85-01-8

0.059

5.6

Phenol

108-95-2

0.039

6.2

o-Phenylenediamine

95-54-5

0.056

5.6

Phorate

298-02-2

0.021

4.6

Phthalic acid

100-21-0

0.055

Phthalic anhydride

85-44-9

0.055

Physostigmine

57-47-6

0.056

1.4

Physostigmine salicylate

57-64-7

0.056

1.4

Promecarb

2631-37-0

0.056

1.4

Pronamide

23950-58-5

0.093

1.5

Propham

122-42-9

0.056

1.4

Propoxur

114-26-1

0.056

1.4

Prosulfocarb

52888-80-9

0.042

1.4

Pyrene

129-00-0

0.067

8.2

305

Pyridine

110-86-1

0.014

Safrole

94-59-7

0.081

Silvex (2,4,5-TP)

93-72-1

0.72

7.9

1,2,4,5-Tetrachlorobenzene

95-94-3

0.055

TCDDs (All Tetrachloro-

dibenzo-p-dioxins)

0.000063

0.001

TCDFs (All Tetrachloro-

dibenzofurans)

0.000063

0.001

1,1,1,2-Tetrachloroethane

630-20-6

0.057

6.0

1,1,2,2-Tetrachloroethane

79-34-5

0.057

6.0

Tetrachloroethylene

127-18-4

0.056

6.0

2,3,4,6-Tetrachlorophenol

58-90-2

0.030

7.4

Thiodicarb

59669-26-0

0.019

1.4

Thiophanate-methyl

23564-05-8

0.056

1.4

Tirpate

26419-73-8

0.056

0.28

Toluene

108-88-3

0.080

Toxaphene

8001-35-2

0.0095

2.6

Triallate

2303-17-5

0.042

1.4

Tribromomethane

(Bromoform)

75-25-2

0.63

2,4,6-Tribromophenol

118-79-6

0.035

7.4

1,2,4-Trichlorobenzene

120-82-1

0.055

1,1,1-Trichloroethane

71-55-6

0.054

6.0

1,1,2-Trichloroethane

79-00-5

0.054

6.0

Trichloroethylene

79-01-6

0.054

6.0

Trichloromonofluoromethane

75-69-4

0.020

2,4,5-Trichlorophenol

95-95-4

0.18

7.4

2,4,6-Trichlorophenol

88-06-2

0.035

7.4

2,4,5-Trichlorophenoxy-

acetic acid/2,4,5-T

93-76-5

0.72

7.9

1,2,3-Trichloropropane

96-18-4

0.85

1,1,2-Trichloro-1,2,2-

trifluoroethane

76-13-1

0.057

Triethylamine

101-44-8

0.081

1.5

tris-(2,3-Dibromopropyl)

phosphate

126-72-7

0.11

0.10

Vernolate

1929-77-7

0.042

1.4

Vinyl chloride

75-01-4

0.27

6.0

Xylenes-mixed isomers (sum

of o-, m-, and p-xylene

concentrations)

1330-20-7

0.32

Antimony

7440-36-0

1.9

1.15 mg/l TCLP

Arsenic

7440-38-2

1.4

5.0 mg/l TCLP

Barium

7440-39-3

1.2

21 mg/l TCLP

Beryllium

7440-41-7

0.82

1.22 mg/l TCLP

306

Cadmium

7440-43-9

0.69

0.11 mg/l TCLP

Chromium (Total)

7440-47-3

2.77

0.60 mg/l TCLP

Cyanides (Total)

57-12-5

1.2

590

Cyanides (Amenable)

57-12-5

0.86

Fluoride

16984-48-8

Lead

7439-92-1

0.69

0.75 mg/l TCLP

Mercury-Nonwastewater

from Retort

7439-97-6

0.20 mg/l TCLP

Mercury-All Others

7439-97-6

0.15

0.025 mg/l TCLP

Nickel

7440-02-0

3.98

11 mg/l TCLP

Selenium

7782-49-2

0.82

5.7 mg/l TCLP

Silver

7440-22-4

0.43

0.14 mg/l TCLP

Sulfide

18496-25-8

Thallium

7440-28-0

1.4

0.20 mg/l TCLP

Vanadium

7440-62-2

4.3

1.6 mg/l TCLP

Zinc

7440-66-6

2.61

4.3 mg/l TCLP

CAS means Chemical Abstract Services. When the waste code or regulated

constituents are described as a combination of a chemical with its salts or esters, the

CAS number is given for the parent compound only.

Concentration standards for wastewaters are expressed in mg/l are based on analysis of

composite samples.

Except for metals (EP or TCLP) and cyanides (total and amenable), the nonwastewater

treatment standards expressed as a concentration were established, in part, based on

incineration in units operated in accordance with the technical requirements of 35 Ill.

Adm. Code 724.Subpart O or 35 Ill. Adm. Code 725.Subpart O or on combustion in

fuel substitution units operating in accordance with applicable technical requirements.

A facility may comply with these treatment standards according to provisions in Section

728.140(d). All concentration standards for nonwastewaters are based on analysis of

grab samples.

Both Cyanides (Total) and Cyanides (Amenable) for nonwastewaters are to be analyzed

using Method 9010 or 9012, found in “Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods”, USEPA Publication SW-846, incorporated by reference

in 35 Ill. Adm. Code 720.111, with a sample size of 10 grams and a distillation time of

one hour and 15 minutes.

These constituents are not “underlying hazardous constituents” in characteristic wastes,

according to the definition at Section 728.102(i).

This footnote corresponds with former footnote 6 to the table to 40 CFR 268.48(a),

which has already expired by its own terms USEPA removed at 63 Fed. Reg. 47418

(Sep. 4, 1998). This statement maintains structural consistency with the federal

307

regulations.

This constituent is not an underlying hazardous constituent, as defined at Section

728.102(i), because its UTS level is greater than its TC level. Thus, a treated selenium

waste would always be characteristically hazardous unless it is treated to below its

characteristic level.

Note: NA means not applicable.

BOARD NOTE: Derived from table to 40 CFR 268.48(a) (19971998), as amended at 63 Fed.

Reg. 24626 47410 (May 4Sep. 4, 1998) and 63 Fed. Reg. 28739 (May 26, 1998).

(Source: Amended at 23 Ill. Reg. ________, effective ______________________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS

PART 733

STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

SUBPART A: GENERAL

Section

733.101

Scope

733.102

Applicability--Batteries

733.103

Applicability--Pesticides

733.104

Applicability--Mercury Thermostats

733.105

Applicability--Household and Conditionally Exempt Small Quantity Generator

Waste

733.106

Definitions

733.107

Applicability--Mercury-Containing Lamps

SUBPART B: STANDARDS FOR SMALL QUANTITY HANDLERS

Section

733.110

Applicability

733.111

Prohibitions

733.112

Notification

733.113

Waste Management

733.114

Labeling and Marking

733.115

Accumulation Time Limits

733.116

Employee Training

733.117

Response to Releases

733.118

Off-Site Shipments

308

733.119

Tracking Universal Waste Shipments

733.120

Exports

SUBPART C: STANDARDS FOR LARGE QUANTITY HANDLERS

Section

733.130

Applicability

733.131

Prohibitions

733.132

Notification

733.133

Waste Management

733.134

Labeling and Marking

733.135

Accumulation Time Limits

733.136

Employee Training

733.137

Response to Releases

733.138

Off-Site Shipments

733.139

Tracking Universal Waste Shipments

733.140

Exports

SUBPART D: STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS

Section

733.150

Applicability

733.151

Prohibitions

733.152

Waste Management

733.153

Accumulation Time Limits

733.154

Response to Releases

733.155

Off-site Shipments

733.156

Exports

SUBPART E: STANDARDS FOR DESTINATION FACILITIES

Section

733.160

Applicability

733.161

Off-Site Shipments

733.162

Tracking Universal Waste Shipments

SUBPART F: IMPORT REQUIREMENTS

Section

733.170

Imports

SUBPART G: PETITIONS TO INCLUDE OTHER WASTES

Section

733.180

General

733.181

Factors for Petitions to Include Other Wastes

AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].

309

SOURCE: Adopted in R95-20 at 20 Ill. Reg. 11291, effective August 1, 1996; amended in

R96-10/R97-3/R97-5 at 22 Ill. Reg. 944, effective December 16, 1997; amended in R98-12 at

22 Ill. Reg. 7650, effective April 15, 1998

; a

mended at 23 Ill. Reg. ________, effective

______________________.

SUBPART A: GENERAL

Section 733.106

Definitions

“Battery” means a device consisting of one or more electrically connected

electrochemical cells which is designed to receive, store, and deliver electric energy.

An electrochemical cell is a system consisting of an anode, cathode, and an

electrolyte, plus such connections (electrical and mechanical) as may be needed to

allow the cell to deliver or receive electrical energy. The term battery also includes

an intact, unbroken battery from which the electrolyte has been removed.

“Destination facility” means a facility that treats, disposes of, or recycles a

particular category of universal waste, except those management activities described

in Sections 733.113 (a) and (c) and 733.133 (a) and (c). A facility at which a

particular category of universal waste is only accumulated is not a destination

facility for purposes of managing that category of universal waste.

“Electric lamp” means the bulb or tube portion of a lighting device specifically

designed to produce radiant energy, most often in the ultraviolet, visible, and

infrared regions of the electromagnetic spectrum.

BOARD NOTE: The definition of “electric lamp” was added pursuant to

Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective

August 19, 1997).

“FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

§§ 136-136y).

“Generator” means any person, by site, whose act or process produces hazardous

waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation.

“Large quantity handler of universal waste” means a universal waste handler (as

defined in this Section) that accumulates 5,000 kilograms or more total of

universal waste (batteries, pesticides, thermostats, or mercury-containing lamps,

calculated collectively) at any time. This designation as a large quantity handler

of universal waste is retained through the end of the calendar year in which

5,000 kilograms or more total of universal waste is accumulated.

BOARD NOTE: Mercury-containing lamps were added pursuant to Section

22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,

310

1997).

“Mercury-containing lamp” means an electric lamp into which mercury is

purposely introduced by the manufacturer for the operation of the lamp.

Mercury-containing lamps include, but are not limited to, fluorescent lamps and

high-intensity discharge lamps.

BOARD NOTE: The definition of “mercury-containing lamp” was added

pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,

effective August 19, 1997).

“On-site” means the same or geographically contiguous property that may be

divided by public or private right-of-way, provided that the entrance and exit

between the properties is at a cross-roads intersection, and access is by crossing as

opposed to going along the right of way. Non-contiguous properties, owned by the

same person but connected by a right-of-way that that person controls and to which

the public does not have access, are also considered on-site property.

“Pesticide” means any substance or mixture of substances intended for preventing,

destroying, repelling, or mitigating any pest or intended for use as a plant regulator,

defoliant, or desiccant, other than any article that fulfills one of the following

descriptions:

It is a new animal drug under Section 201(v) of the Federal Food, Drug and

Cosmetic Act (FFDCA; 21 U.S.C. § 321(v)), incorporated by reference in

Section 720.111,

It is an animal drug that has been determined by regulation of the federal

Secretary of Health and Human Services pursuant to FFDCA Section

360b(j), incorporated by reference in Section 720.111, to be an exempted

new animal drug, or

It is an animal feed under FFDCA Section 201(w) (21 U.S.C. § 321(w)),

incorporated by reference in Section 720.111 that bears or contains any

substances described in either of the two preceding paragraphs of this

definition.

BOARD NOTE: The second exception of corresponding 40 CFR 273.6