ILLINOIS POLLUTION CflNTROL BOARD

March

8,

1984

In the matter of:

)

R81—25

PROHIBITION ON LANDFILLING

)

OF HALOGENATED SOLVENTS

(CBE)

)

PROPOSED RULE.

FIRST NOTICE

SECOND PROPOSED ORDER OF THE BOARD

(by D. Andersen):

On May

5,

1983 the Board proposed to adopt 35 Ill.

Adrn.

Code 729.

For the reasons outlined in the Second

Proposed

Opinion, the Board withdraws the May

5 Proposed Order,

and

substitutes this Second Proposed Order.

Because of

its

length,

the Second Proposed Order will not be published in

the Opinion volumes, but will be distributed to participants.

The proposal will be published for first notice in the

Illinois Register; the record will remain open for a period

of 45 days for public comment following publication in the

Illinois Register.

This Second Proposed Order is supported by a

Second

Proposed Opinion of the same date.

IT IS SO ORDERED.

Board Member Bill Forcade abstained.

Board Member

J,

Theodore Meyer dissented.

I, Christan L. Moffett, Clerk of the Illinois

Pollution

Control Board, hereby certify that the ab,ove

Second Order

was adopted on the

~5~’

day of

_____________,

1984 by a

vote of

I/-I

(‘4

A

ChristaicL. Md~btt,

Clerk

Illinois Pollution Control

Board

57-129

---

—2--

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

C:

HAZARDOUS

WASTE

OPERATING

REQUIREMENTS

PART

729

LANDFILLS:

PROHIBITED HAZARDOUS

WASTES

SUBPART A:

GENERAL

Section

729.100

729.120

729.121

729.122

729. 123

729.140

Section

729. 200

729. 201

729. 202

729.220

729.221

729. 222

729.223

729.224

729.240

729. 241

729.242

729.261

729. 262

729.263

Purpose, Scope and Applicability

Generator’s Assertion of Exemption

Mitigation

Relationship to Wastestreatu Permits

Variances and Site Specific Regulations

SUBPART

B:

HALOGENATED

SOLVENTS

Purpose,

Scope

and

Applicability

No

Circumvention

Incorporations

by

Reference

Definitions

Halogenated

Compound-—Definition

Halogenated

Solvent-—Definition

Halogen

Content

Presumption

Partition

Presumption

Non-aqueous

Liquid

Phases

which

are

Halogenated

Solvents

Aqueous

Solutions

of

Halogenated

Compounds

Solids

Containing

Halogenated

Compounds

Dry

Cleaning

Wastes

Recycling

Residues

Small

Quantity

Generators

AUTHORITY:

Implementing Section 22(h)

and 22.4(b) and

authorized by Section 27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1981,

cli.

111 1/2, pars.

1022(h), 1022.4(b)

and 1027).

SOURCE:

Adopted

at

Ill.

Req.

_____,

57-130

---

—3—

SUBPART A:

GENERAL

Section 729.100

Purpose, Scope and Applicability

a)

The purpose of this Part is to prohibit the disposal

of certain hazardous wastes in landfills.

b)

The requirements of this Part apply to all landfills,

or “sanitary landfills”

as defined in the Environ-

mental Protection Act

(Act)

(Ill.

Rev. Stat.

1981,

ch.

111 1/2, par.

1001).

Landfills include both

non—hazardous

and

hazardous

waste

landfills

permitted

under

Sections

21(d)

or

21(f)

of

the

Act.

Landfills

include

surface

impoundments

and

waste

piles

in

which

waste

residues

are

expected

to

remain

after

closure.

c)

The

provisions

of

35

Ill.

Adm.

Code

721.105

notwith-

standing, the landfilling prohibitions of this Part

apply to all persons,

including small quantity

generators, unless otherwise indicated in this Part.

d)

The landfilling prohibitions of this Part do not

apply to residues of hazardous waste in containers,

or empty liners removed from containers, as defined

in 35 Ill. Adm. Code 721.107.

e)

The provisions of this Part are intended to supple-

ment the requirements of 35 Ill. Adm. Code 722,

723,

724,

725,

807 and 809.

No provisions of those

regulations should be read as permitting the

disposal of any hazardous waste in any manner

prohibited under this Part.

f)

The provisions of this Part are intended to proscribe

any conduct by generators,

transporters or disposers

of waste which results

in placement of a prohibited

waste in a landfill.

Section 729.120

Generator’s Assertion of Exemption

a)

A transporter or disposer of waste, other than the

generator of the waste, may rely on a written

statement by the generator, signed by the genera-

tor, identifying the waste or wastestream, acknow—

ledging that he is the generator of the waste and

asserting that the waste is not subject to this

Part or is subject to an exemption and the basis

for such claim.

b)

Such written statement may be introduced as evi-

dence in any enforcement action.

It shall be a

57-131

---

—4—

complete

defense

to

an

allegation

of

violation

of

this

Part

by the person relying on such statement,

unless it is shown that the person in fact knew,

or reasonably should have known,

based on knowledge

within the person’s possession, that the waste

was

subject to this Part or not subject to an exemption.

Section 729.121

Mitigation

a)

A person charged with violation of this Part

may

offer evidence that he did not know that the waste

was prohibited under this Part and that he had

adopted

routine

practices

to

prevent

violation

of

this Part,

such as employee training, posting of

signs

and

random

sampling

of

wastes.

Such

evidence

shall not be a complete defense, but will be

considered in mitigation of any penalty.

b)

Lack of knowledge that a waste is prohibited under

this Part refers to a mistake as to the properties

of the waste and not to lack of knowledge of the

regulations.

Section 729.122

Relationship to Wastestream Permits

a)

This Part is intended to supplement requirements

governing wastestream authorizations or supple.-

mental

permits

issued

by

the

Illinois

Environmental

Protection Agency

(Agency)

(Section 39(h)

of the

Act and 35 Ill. Adm. Code 807.210).

b)

The Agency may not authorize any wastestream for

disposal in a landfill if it has been prohibited

under this Part.

c)

In reviewing a wastestream which is routinely

generated,

the Agency shall consider the average

rate of generation,

composition and

concentrations,

together with the expected range, in determining

the applicability of this Part.

The Agency shall

authorize the wastestream if averages conform with

this Part, and may specify maximum quantities,

concentrations or other conditions necessary to

assure long-term compliance with this Subpart.

A

waste authorized by the Agency after such review

may be landfilled notwithstanding this Subpart,

provided

the

waste

conforms

to

the

wastestream

description

in

the

authorization.

57-132

---

—5—

Section 729.123

Waste Analysis

a)

This Part is not intended to specify analytical

techniques to be used to identify waste loads

coming into landfills.

Analytical techniques may

be specified in waste disposal permits issued

pursuant to Section 21(d)

of the Act, or in the

waste analysis plan for RCRA permits or interim

status

(35 Ill. Adm. Code 724.113 and 725.113)

b)

The operator may utilize any analytical technique

which he demonstrates, pursuant to the permit

procedures, to have a reasonable relationship to

the actual composition and concentration of the

wastes to be analyzed.

Section 729.140

Variances and Site Specific Regulations

a)

As provided in Title IX of the Environmental

Protection Act and 35 Ill. Adm. Code 104, any

person may petition for a temporary variance.

b)

As

provided

in

Title

VII

of

the

Environmental

Protection

Act

and

35

Ill.

Adm.

Code

102,

any

person

may

request

amendment

of

this

Part.

SUBPART

B:

HALOGENATED

SOLVENTS

Section 729.200

Purpose, Scope and Applicability

a)

This Subpart prohibits the landfilling of wastes

containing halogenated compounds.

Rules are

included to differentiate these from other wastes.

b)

Halogenated solvents are a subset of organic

solvents.

As a class halo.genated solvents are not

very soluble in water; therefore,

in a complex

system, they will be found in a non-aqueous phase

associated with any other organic solvents present.

This Subpart assumes that any halogenated compounds

present will be more concentrated in any non—

aqueous liquid phase.

The halogen concentration

in the non-aqueous liquid phase is used to determine

whether the phase should be regulated as an halo-

genated solvent or as an organic solvent.

Begula-

tions concerning organic solvents will be promul-

gated in another Subpart.

c)

Organic solvent phases, whether they include

halogenated solvents or not, pose a threat to the

impermeability of clay and synthetic landfill

liners.

57-133

---

—6—

d)

Aqueous solutions of halogenated compounds placed

directly

into

the

landfill,

could

damage

synthetic

liners and move into groundwater.

e)

The Board intends to prohibit the practice of

mixing

with

solid

absorbent

materials

organic

solvent

phases which are halogenated solvents.

This

is to be distinguished from chemical fixation,

which is not prohibited.

f)

Because of their differing impacts on landfills,

the Board intends to encourage the separation prior

to disposal of phases in multiphase wastes,

and

intends to encourage the separation of wastestreams

during

generation

to

avoid the formation of multi—

phase

wastes.

Section

729.201

No

Circumvention

a)

No

person

shall

cause

or

allow

the

mixing

or

dilution of halogenated solvents in order to evade

the

landfilling

prohibitions

of

this

Subpart.

b)

No person shall cause or allow the addition of

absorbent material to an halogenated solvent in

order to evade the landfilling prohibitions of

this Part.

c)

For purposes of determining quantity exemptions,

any waste which is transferred prior to ultimate

disposal shall be attributed to the last person

who used the solvent.

Section 729.202

Incorporations by Reference

The following materials are incorporated by reference:

a)

American Society for Testing and Materials,

1916 Race Street, Philadelphia, PA 19103:

1)

ASTM D236l-66

(Reapproved 1978)

2)

ASTM

E442-74

(Reapproved

1981)

b)

Paint filter test proposed at 47 Fed. Reg.

831,

February 25,

1982, and at 47 Fed.

Reg.

12317,

March 22,

1982.

Section 729.220

Definitions

As used in this Subpart, terms have the following meaning:

57-134

---

—7—

Aqueous phase:

A “phase” in which water is the solvent,

constituting more than 500 g/kg.

Component:

An element or compound present in a “phase” or

“system”.

Emulsion:

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

which is not separated into layers.

For purposes of this

Subpart, an emulsion which does not form layers within one

hour is one phase.

Liquid:

A waste, or part of a waste, which is not a “solid,”

or

a gas.

Non-aqueous phase:

A “phase” which contains 500 g/kg or

less of water.

One—phase system:

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

Phase:

A physically distinct portion of a dispersion or

solution which at least in principal could be mechanically

separated from the remainder of the material.

For purposes

of this Subpart,

a container is not a phase, nor is a vapor

above

a waste.

Emulsions and suspensions are a single phase

if they do not form layers within one hour.

Solid:

A waste,

or part of a waste, which contains no free

liquid as determined from the paint filter test referenced

in Section 729,202(b).

Suspension:

A “system”,

including a “solid” phase and a

“liquid” phase, which

is not separated into layers.

For

purposes of this Subpart,

a suspension which does not form

layers within one hour is one phase.

System:

A single isolated “phase” or a set of two or more

“phases” which are in physical contact.

Two—phase system:

A “system” with two “phases”.

Section 729.221

Halogenated Compound-—Definition

As used in this Subpart,

the term “halogenated compound” shall

mean any of the following chemicals:

BOlO

benzene, chioro-

13020

benzene,

1,2—dichioro—

B090

carbon tetrachloride

B030

chlorinated fluorocarbons

B040

ethane,

1,1,1-trichioro-

B050

ethane, l,l,2—trichloro-1,2 ,2—trifluoro—

B060

ethene, tetrachioro-

13070

ethene, trichioro-

57-135

---

—8—

13070

ethinyl trichioride

13080

methane, dichioro-

B090

methane, tetrachloro-

BlOO

methane,

trichiorofluoro—

B040

methyl

chloroform

B080

inethylene chloride

B080

methylene dichioride

B020

orthodichlorobenzene

B060

perchioroethylene

BOlO

phenyl chloride

BO60

tetrachioroethylene

B070

trichioroethylene

13100

trichioromonofluoromethane

Section 729.222

Halogenated Solvent--Definition

An “halogenated solvent”

is a non-aqueous liquid phase

containing more than 14,000 mg of halogenated compounds

in any 1 kg.

Section 729.223

Halogen Content Presumption

A non-aqueous liquid phase containing 10,000 mg/kg, or more,

total organic halogen is assumed to be an halogenated solvent

unless it is shown that less than 14,000 mg of the halogenated

compounds listed in Section 729.221 are present in any

1 kg

of the phase.

Section 729.224

Partition Presumption

It is assumed that,

in a multi-phase system, the concen-

tration of halogenated compounds and the total organic

halogen

concentration

in

any

non-aqueous

phase

exceeds

the

concentration

of

halogenated

compounds

and

the

total

organic

halogen concentration, respectively, in

the

entire

system

and in any aqueous phase, unless the contrary is shown.

Section 729.240

Non-aqueous Liquid Phases which are

Halogenated Solvents

No person shall cause or allow any hazardous waste containing

a non-aqueous liquid phase which

is an halogenated solvent

to be placed in any landfill; provided, however, that wastes

which

are

solid

are

subject

to

Section

729.243

instead.

Section

729.241

Aqueous Solutions of Halogenated Compounds

a)

No

person

shall

cause

or

allow

to

be

placed

in any

landfill

any hazardous waste containing an aqueous

liquid

phase

containing

more

than

14,000

mg

of

halogenated

compounds

in

any

1

kg.

57-136

---

—9—

b)

An aqueous liquid phase containing more than

10,000 mg of total organic halogen in any

1 kg is

assumed to contain more than 14,000 mg of halogen-

ated compounds per kilogram, unless the contrary

is

shown.

c)

The

partition

presumption

of Section 729.224 may

be

used

to

find

the

upper

limit of concentrations

in

an

aqueous

phase

from

measurements

made

on

a

non—aqueous

phase.

Section

729.242

Solids

Containing

Halogenated Compounds

a)

No

person

shall cause or allow any hazardous waste

which

is

a

solid

to

be

placed

in

any

landfill

if

the

waste

forms

a

non-aqueous liquid phase which

is

an

halogenated

solvent

when

a

representative

sample

of

the

waste

is

mixed

with water.

b)

As

used

in

this

Section,

a

waste

is

not

a

solid if

it

contains

“free

liquid”

as

disclosed

by

the

paint

filter

test

incorporated

by

reference

in

Section

729~.2O2,

Such

free

liquid

may

be

prohibited

under

Sections

729.240

or

729.241.

c)

The

prohibition

of

paragraph

(a)

shall

become

effective

on

July 1,

1986.

Section

729.261

Dry

Cleaning

Wastes

This

Subpart

does

not

apply

to

dry

cleaners

which

generate

less

than

100

kg

per

month,

averaged

over

the

current

month

and

the

preceding

11

months,

of

spent

halogenated

solvent,

distillation

residues,

filters

and

other waste containing

halogenated solvents.

This

exemption

shall

expire

on

July 1,

1986.

Section 729.262

Recycling Residues

This Subpart does not apply to sludges and still bottoms

produced from recycling of halogenated solvents in which at

least 30

of the waste is recovered for reuse.

Such wastes

shall be disposed of as hazardous wastes,

if they are such,

as defined in 35

Iii.

Adm, Code 721.

This exemption shall

expire on July 1,

1986.

Section 729.263

Small Quantity Generators

a)

This Subpart does not apply to any person who

generates waste containing less than 1 kg of

halogenated compounds per month,

as determined by

averaging over the current month and the preceding

11 months,

57-137

---

—10—

b)

For

purposes

of

this

Section,

the

quantity

of

halogenated solvents in the waste may be estimated

by:

1)

Mass balance analysis of the processes

producing the wastes; or

2)

By analysis of total organic halogen in

representative samples of the waste,

assuming

that

0.7

kg

of

total

organic

halogen

equals

1 kg of halogenated compounds.

3)

By any other method which the generator

demonstrates to have

a reasonable relationship

to the actual quantity of halogenated compounds

present

in

the

waste.

57-138