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the Second Proposed Order will not be published in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
Waste Analysis
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.
_____,
effective
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