ILLINOIS POLLUTION CONTROL BOARD

June

27, 1985

IN THE MATTER OF:

)

)

RCRA

AND

UIC

UPDATE

)

R84-9

ORDER OF THE BOARD (by S. Anderson):

On June

26, 1985 the Illinois Environmental Protection

Agency (Agency)

filed

a motion to reconsider the Board’s Order of

June 13, 1985 adopting the RCRA and UIC update amendments.

The

Agency asked the Board to delete from Sections 724.414, 724.416,

725.414 and 725.416 language contained in the June 13 Order:

This section has been superseded by 35 Ill. Adm. Code 729.

The

Agency contended that these provisions rendered the Illinois RCRA

program not equivalent to the Federal RCRA program so that USEPA

might find Illinois ineligible to receive final authorization

under RCRA.

The Board notes that on July 12, 1985,

a hearing on

Illinois’ RCRA authorization application has been scheduled.

The

motion to modify is granted.

In R83—28 the Board adopted restrictions on the landfilling

of liquid hazardous waste (Order of December 20, 1984, Opinion of

January 10, 1985).

The Illinois liquid ban was mandated by

Section

22.’6 of the Act.

Pursuant to Section 22.4(b) the Board

determined that the Illinois liquid ban was more stringent than

the RCRA liquid bans in Sections 724.414, 724.416, 725.414 and

725.416.

However, the Board left the RCRA language alone in the

amendment process.

The

RCRA liquid ban can

be summarized as follows.

Bulk

liquids can be placed in landfills with a double liner ‘and

leachate collection system.

Otherwise, liquids must be mixed

with sufficient absorbent to pass the paint filter test.

There

are exceptions for ampules, batteries

and

wastes in labpacks.

The Illinois liquid

ban

requires that liquid hazardous

wastes be solidified, which means they

must pass the penetrometer

test as well as the paint filter test.

Only labwastes and

non—periodic wastes can be landfilled as liquids in labpacks.

The Agency is allowed to approve the landfilling of

unsolidified liquids only after the operator demonstrates that,

considering current technological feasibility and econcmic

reasonableness, the waste cannot be solidified, treated or

recycled.

Under section 709.520(c)

the Agency must require the

addition of absorbents to such wastes pursuant to sections

724.414 or 725.414.

Direct landfilling of free liquids is banned

even with respect to landfills with a double liner and leachate

collection.

64521

---

-2—

To summarize, the RCRA liquid ban applies only to those

wastes

which

pass

through

the

Illinois

ban

pursuant

to

the

technology and economics showing.

Even then Section 709.520(c)

requires the Agency to apply the portion of the RCRA liquid ban

requiring absorbents, and rules out direct landfilling of bulk

liquids in landfills with a double liner

and

leachate collection.

The Illinois liquid ban superseded the RCRA liquid ban

automatically when the Board adopted it.

In R84—9 the Agency

asked the Board to make a technical correction to Section

725.416.

If the Board had made the correction without mentioning

the liquid ban,

the

RCRA liquid ban would have superseded

the

Illinois liquid ban.

This would have been contrary

to Section

22.6 of the

Act.

to avoid this result, the Board referenced the

Illinois liquid

bat. in all four RCRA ban Sections.

There are three ways to proceed.

The Board could repeal the

“superseded’ language and allow the Agency to determine which ban

is more stringent in each case.

The Board could adopt language

more fully stating the relationship of the two bans.

Or,

the

Board could leave the rules alone and adopt a supplemental

Opinion.

The Board finds the Agency’s motion to strike the

‘superseding’ language unacceptable since it gives the Agency

case—by—case discretion the Board did not intend.

The Board

determined that the Illinois liquid ban was more stringent in

R83—28, which the

Board

notes was adopted pursuant to Section

22.4(b) of the Act.

Although the Board believes that the Agency has misperceived

the rules as written,

the Board agrees that the language at issue

should be re—worded for better understanding, thus avoiding any

future interpretative problems with these complex, intertwined

regulations.

Therefore, the Board is amending Sections 724.414, 424.416,

725.414 and 725.416 to read as follows:

Section 724.414

Special Requirement. for Liquid Waste

a)

Bulk or non—containerized liquid waste or waste

containing free liquids must not be placed in a landfill

unless:

1)

The landfill

has

a liner and leachate collection

and removal system that meet the requirement of

Section 724.401(a); or

2)

Before disposal, the liquid waste or waste

containing free liquids is treated or stabilized,

chemically or physically (e.g., by mixing with an

absorbent solid), so that free liquids are no

longer present.

64-522

---

b)

Containers holding

free liquids must not be placed

in

a

landfill unless:

1)

All free~standingliquid:

A)

has been removed by decanting or other

methods;

B)

has been mixed with absorbent or solidified

so

that free~standingliquid

is no longer

observed;

or

C)

has been otherwise eliminated;

or

2)

The container

is very small, such as an ampule;

or

3)

The container

is designed

to hold free

liquids for

use other

than storages such as

a battery or

capacitor;

or

4)

The container

is a lab pack as defined

in Section

724,416 and

is

disposed of in accordance with

Section 724.4l6~

c)~salofliuidwastesorwastescontaininfree

~dsotherwjsea1lowedunderthissectionmustbe

~~~!1zedursuan~

to 35 Iii~Adm

Code 709~40l(a).As

~

uire the add

it

ion of absorbents

to an

such

~notwithstandin,

(Source:

Amended

at

I11~Reg,

,

effective

Disposal

of Small Containers of Hazardous

Waste in Overpacked Drums

(Lab Packs)

Small containers of hazardous waste

in overpacked drums

(lab

packs) may be placed

in a landfill

if the

following requirements

are met:

a)

Hazardous waste must be packaged

in non~leaking inside

containers,

The inside containers

must

be

of a design

and constructed

of

a

material that will not react

dangerously with, be decomposed by or be

ignited by the

contained waste~

Inside containers must be tightly and

securely sealed~ The inside containers must be of the

size and type specified in the Department of

Transportation (DOT)

hazardous materials regulations

(49

CFR 173,

178 and 179),

if those regulations specify

a

particular

inside container

for the waste,

64~523

---

—

b)

The

ir

DOT

a

and

I

and

a

of eL

Iiau

i

outer

Co

~tc~ I

idc

cortainers

must

be

ove o~c

c

ic tion metal

shipp

e

o

a

no

in

re

than

416

~it0r

0

n

i~d hy~ at

a

minulTim,

t

n

material to complete)

ab~o

c

ents of the inside cor

~i

aiier mu

t be full

af

e

‘~aki

lasrbent

Tie

in

a

~)

n

lead

r

(4) C~R

8

lo

eapacity

~

c~iianI~

ity

al

of

the

~JI

e metal

g

~ith

~nside

c)

In ic~

na ci

da inc

by

t~

e

i

h

Secti

r

Ifl

I

‘d muat not be ca

b

e

t

wit

being decoapo

c-d ~

it0

of the insido

ontar

~lc

abeorbert

01

~

ry

~

Us

in

d)

lnciupa

e

wastes~

as

defined

r

~

l1~ Pdn~

72O~1

mj°tiot be placed

in U

aajne outsice

e)

React~

wast

must

I

packagi

(d

pacI

witprl

J

s, other

than eye

r

s

it

a

e sung

~

ned

in 35

Il

Adm

C

e

‘21

12

a)(5)

ated

r

rendered no

re

t:’’,c ~r

ii

accoroance with paragra

1

(a)

thro

I

ide— and sulfide—bearing

j-Live waste

iiay be

cordance with paragra

a

(~

hr

h

d)

et being treated

o

a

r

r

es

~vo

f)

Pursua

t

t

35 Il1~Adm~Code 729 3~,

the use of

~

f~~sos~Lliuid

wastes

t

-

wastes

conta

~~uidsaUowedund

er

thi aSec tio n

is

restr

icted

to

lab~~

and

non-

eriodic

a0te

as

these

tc

r

~

L

n

I:’

that

Pa

t

(Source:

AmP

a

Section

725~4

I

a)

B

cor La

unlee

IlL

Reg~

r

a

ainerized

liquid

w

~U

waste

ree liquids mu~trot

naced

n a landfill

r

f

11

has

a

liner

and

lea

rate

colle~tion

ani

emovel system tha

ireet

Li

a uiremert 35

!dn~ Code

Section

724

4

(

r

2)

rI

a disposal~the iiquid wente

or waste

nut:’

free liquida

is

tei

r stabilized,

‘leiticall

r

physica

ly

(~.

g

y

ni”ing

ith

an

ana

ben

Ld),

s

‘that

fre

I

iuii

are

ro

b)

~ort

land

ho)di~ig free liquids rn0t

:‘ot

be oiaced

in

a

less~

64~524

---

I

e

standing lijuid:

a0

been

removed

by

decaiti:’

athoda;

or

Has been mixed witl aba

rb

ti

t

free—stanUnj

liqu~

‘~rved~or

2)

auser

ic

ver

~r

II,

en

Lamer

is

designe~

icr

than

storage,

suU

~

tar

or

4)

‘

mner is a lab pa

k

-

ot

:‘ed

Sec Lion

a

d

us

disposed

of

in

a

eor~

cc

w

h

c)

~o°

of

I

~

~ast!~

or

wastes

cc~ to

ni

~

~qpi

o terwise

allowed_u

hiti

musabe

autlo

od

pursuant

to

35

IlL

Adm

“

e

7

0~iOl a)

As

i

~

IlL

Adm.

Code7O9~2O

,

L~

e

\

a.

must r0q~yr~the addition of absorbenta

to

an

ouch

~e

~

itI~t~rdi~

(Source:

Amanded

at

IlL

Reg,

Section 72

Disposal

of Small

nt

a’

aid

cc

aLe

in

Overpacke~ Druss

(Lab

ac

a)

Siiall conta

a

ci us waste

n

vs

ac~eddrums

(lab

packs1 may

m

a landfill

if the

t

I

wuig requm~ements

are

met:

iust be packa

I

n

r

1ik ng

i

0ide

:‘e

inside

co

tainec~

~‘

e

of

a

design

d

of

a

mate~mal

Lb

I

:‘oL

eaet

1,

be dee rpoee

i

n~Led

by

the

Ierein~

Inside

contai

‘r

u

t

be

t~j~

~

~ealed

~Ti~i~e

r

r uo~T e

of

y~especified

U~.

of

10:’

(DOT) hazardous

a:’

r ~L

r’guIat~ons(49

and 179),

if those

one

p~’f

a

i

aide container for th~

b)

The ~ ~ile cont

rere mus’~be

erpi

ad

op~nhead

DOT~-

~j

c

cation

metal

shipping

onLa~

:‘~

(4

C~

178

i

‘

a

sore

thai 416

li’~er

)all

n’

ccpacity

a~d

u:’ded

by,

at

a minimum,

jf’~

u:’rt

cian

ity

of

b

t material

to completU

a noub ill

f

the

---

1

qu

ou

C

car

c)

TI

rca

ign

ace

d)

I

72

cor t

I

e)

Reae

was

C

mus

pa

kag

of

was

th ra

no

rtants

of

the

inside

eort

cc

s

T

e

:‘etal

~

ncr must be full after

aefrmrj wiLl

reide

and absorbent material

be:’

material

used

irus’

:‘ot

e

~:‘pabIe

of

nogerously with,

being

clecomp

s

by or being

e contents of the

in’

c

rUurers,

in

wt’h Section 723

111

astes,

as defm:’ed

t

33

~lI~ Adr

Code

ist

not

be

plac’d

h~ oa:

t

ide

aLes,

other

than

cya

d

r

silfid~be

ring

fined

in 35 IlL Adm

Code /2L123

a

eated or

rendered

non~~eactive

Irior

t

a

ii

accordance with paragrapt

a)

through

(d)

cation

Cyanide— and

s ~fm e—bearurg reactive

a

bi

p cked

in accordan’

qm~ p rag aohs

(a)

~it

out

first

being

troat

d

cndered

f)

Pursu~

to

5

Ill,

Adm~Code

729.3L,

the

use

of

~

L

real

of

liuidwa0tauqast

es

co

t

ii

~

fr

~

~ds allowed

and’ r

th

ra

:ecXun

is

re~,t

u

dtotabw~a~non-~rodic

~aste

is

those

terms

a

e

defined

in

that

PartY.

(Source:

Ame

ed

at

IT

IS

C

)

IlL

Reg~

effective

of the Illirol

Pollution Control

above Order was adopted

on

,

1985 by a vote of

~

2

Doro’hy M~Gunn,

lerk

Illinois Polluti

n Control Board

Bill

F

r

d

Theodore

Meyer

~ussented

I,

Dor

I

Cunn, Clerk

Board, hereby

e ~i~’ that the

the

o’ç~~7~~

ay

64~526