1. 73-29
ILLINOIS POLLUTION CONTROL BOARD
October
2,
1986
IN THE MATTER OF:
)
HAZARDOUS WASTE PROHIBITIONS
)
R 86-9, Docket A
PROPOSED EMERGENCY RULE.
PROPOSED OPINION AND ORDER OF THE
BOARD
(by J.
D.
Dumelle):
At today’s meeting the Board adopted
a proposed opinion and
order allowing for public comments to be submitted on or before
October 16,
1986.
The Board also directed that significant
changes be made to the draft opinion and order
it had before
it
at the time of the vote.
The Board specifically directed the
following:
1)
The definition of “Land Disposal Unit” contained
in
Section 709.110 be amended to state as follows:
“As
used in this Part,
a
‘land disposal unit’ means any
landfill,” which would become subsection
(a), subsuming
subsection (a)(l).
2)
Subsection (a)(2),
regarding surface impoundments and
waste piles would be added as new subsection
(b)(5)
and
subsection (a)(3), regarding land treatment units,
would become new subsection
(b)(6).
Thus,
these
subsections would become exclusions
from the “land
disposal unit” definition.
3)
Other sections of the proposed rules which are impacted
by the change should be amended
to ensure that no
substantive changes are made
to the scope of the
halogenated solvents rules and the liquid hazardous
waste rules which have been integrated with the Section
39(h)
rules as explained below.
4)
Make any necessary changes to the proposed opinion.
Given the complexity of the third and fourth directions and
the short period of time allowed for public comment, instead of
setting forth the particular language changes
to the opinion and
order which have been directed, the Board
is simply issuing the
agreed upon opinion and order absent those changes noted above in
conjunction with this statement of intent.
Docket R86—9 was established by order
of February 26,
1986,
in order
to consider the implementation of
rules pursuant
to
Section 39(h)
of the Illinois Environmental Protection Act
(Act)
73-1
—2—
which prohibits the deposit
of all hazardous wastestreams in
a
permitted hazardous waste site commencing January
1,
1987,
“unless specific authorization is obtained from the
Illinois
Environmental Protection Agency
by the generator and the
disposal site owner
and operator.”
On June 11,
1986,
the Board
proposed rules to implement that program.
Four days of hearings
were held
to consider that proposal on August 13 and September
3
through
5,
1986.
Several post—hearing comments have been filed.
At hearing the Board raised
the possibility of proceeding
to
an emergency rulemaking prior to adoption of final, permanent
rules.
Since
the Board has decided to adopt such rules,
the
Board will open a new docket, R86—9, Docket A, for that
purpose.
The record will include all materials presently part of
R86—9, which are hereby incorporated by reference.
The materials
will remain part of the general rulemaking
as well, which will
become Docket
B.
Some question has been raised by Citizens for
a Better
Environment
(CBE)
regarding the Board’s authority to adopt
emergency rules in this matter.
(P.
C.
No.
4, pp.
3—5).
CBE
correctly points out that in adopting an emergency rule the Board
must find that an “emergency”
(“a
situation which
...reasonably
constitutes a threat to the public interest, safety or welfare”)
exists which “requires the adoption of
a rule upon fewer days
than is required by Section 5.01” of the Administrative Procedure
Act
(APA), citing Section 5.02 of the APA.
CBE argues that these
criteria have not been met.
The Board disagrees.
It
is already impossible
for the Board to adopt rules
consistent with the usual APA procedures prior to the effective
date of Section 39(h).
Furthermore, presuming a 90—day •period
for
the Agency
to take final action on wastestream applications,
in order
for an applicant to be assured that it will receive
a
timely wastestream authorization, the application would have had
to be filed on or before approximately October
1,
1986.
Thus,
to
the extent that these rules govern the necessity for,
or content
of, applications,
in
a practical sense they are already too late.
The Board
fully understands that there may be little effect
on the public safety caused by the adoption of these emergency
rules.
However,
these rules are expected
to have a substantial
impact on the regulated community and the functions of the Agency
regarding the wastestream authorization process itself.
As
pointed out by the Illinois Environmental Regulatory Group
(IERG)
“exercise of the Board’s rule making authority under Section
27
of the Act is here particularly appropriate
in order
to properly
guide the implementation of
...
the ‘ambiguous provisions of
Section 39(h).’
...IERG believes that
a basic framework setting
forth the concepts
of Section 39(h)
is needed
to
(1) define the
scope of Section 39(h)
and
(2)
fix the parameters of Agency
discretion
in issuing waste stream authorizations.”
(Ex.
3,
p.
4).
Finally, IERG concludes that “absent
a Board rule making,
73.2
—3—
the only avenue available to those who do not understand or
disagree with the Agency’s position would be to seek
a judicial
determination of the meaning
of Section 39(h),
or possibly
hundreds of individual challenges of Agency authorization
decisions.”
(Ex.
3, pp 7—8).
The Board
regrets the position in which it now finds
itself.
Rules should have been adopted at least a year before
now to ensure an orderly implementation of Section 39(h), but
neither the regulated community nor the Agency came forth with
any proposal for consideration.
Clearly,
the Agency has no authority under Section 39(h)
to
adopt substantive rules to implement it.
While the Agency has
issued a memorandum (see
Ex.
11) setting forth
its interpretation
of Section 39(h),
those interpretations are not binding and at
best provide
an indication of how the Agency intends to deal with
the Section 39(h)
process
in the absence of Board rules or case
law.
Furthermore,
the only public hearings which have been held
to date are those which were held
in this proceeding,
and now the
regulated community, the Agency and the Board are faced with the
unfortunate task of implementation of a generally worded statute
without having resolved several important questions regarding
that implementation.
To the extent that the Board can clarify
those issues, especially regarding the scope of Section 39(h)
and
the extent of Agency discretion,
uncertainty can be minimized.
In turn,
the regulated community will be better able
to determine
under what circumstances a wastestream authorization is required
and to support its requests,
the Agency will be better guided
in
making
its determinations regarding those requests,
and,
hopefully, fewer appeals
to the Board will be necessary.
Such a
situation is much preferable to either judicial or case—by—case
determinations of the meaning of Section 39(h), which would
be
wasteful of both the state’s resources and those of the regulated
community,
and delay
in addressing theses uncertainties can
undermine timely enforcement.
Furthermore, the Board anticipates the adoption of final
rules during 1987.
Those rules will likely differ significantly
from the “guidelines” under which the Agency intends to operate
in the absence of rules,
but will probably not differ as greatly
from the emergency rules which are today being proposed.
Thus,
the adoption of these
rules should serve
to ease the transition
period when final rules are adopted.
Finally,
the Board
notes that an argument can be made that
Section 39(h)
is not self—effectuating and will
not become
effective in the absence of Board
rules.
The adoption of
emergency rules would remove this argument and assure that the
legislative intent that Section
39(h) become effective on January
1,
1987, will
be fulfilled.
73.3
—4—
For all
of the foregoing reasons the Board finds that an
emergency exists which reasonably threatens the public interest
and welfare and which requires the adoption of rules upon fewer
days than would be required by Section 5.01 of the APA.
Obviously,
in proposing these emergency rules,
the Agency,
the public,
the regulated community and the Board would all be
best served
if a complete set of rules could be adopted which the
Board could be reasonably confident were in a form which would
likely be adopted as final
rules.
Unfortunately, that
is not
possible at this time.
The implementation of Section 39(h)
is
complex and the present record does not contain sufficient
information to support a comprehensive regulation.
Thus., the
Board will simply propose those rules which it believes are
adequately supported and which it believes are likely to remain
in substantially the same form in final
rules.
In general, the Board has decided
to adopt rules in
a form
similar to that which were proposed on June 11,
1986.
That
format allows the integration of the halogenated solvents rules
(R8l—25), the liquid hazardous waste
rules
(R83—28C)
and the
Section 39(h)
rules.
In proposing these emergency rules the
Board does not intend
to cause any substantive change to the
liquids or solvent rules
(except
for Section 709.501, discussed
below).
Since
the June 11,
1986 Opinion discusses each of the
proposed rules,
the Board will not repeat those justifications.
Rather,
the Board will discuss the changes made to that proposal
and respond
to arguments which have been raised during the course
of this proceeding.
Section 703.142:
This section has been deleted.
In Public
Comment No.
1 the United States Environmental Protection Agency
(USEPA) has stated that the RCRA permit by rule which would have
been allowed by this section would conflict with federal
requirements of the Resource Conservation and Recovery Act
(RCRA).
Thus,
it would conflict with Section
20(b)
of the Act
which requires the Board
to adopt rules consistent with RCRA.
The Board has attempted to accomplish the stated purpose of this
section
through the adoption of Section 729.l22(g)(5) which is
discussed below.
Section 709.100:
Unchanged.
Section 709.102:
The Board has modified the definitions of
“Original Generator” and “Wastestream” in order
to delete the
concept that
a waste ceases to exist
for purposes of Section
39(h).
That concept, which has caused considerable confusion,
was proposed
in order
to lessen
the burden on the Agency in
processing wastestream authorizations.
The duplicative process
of requiring authorizations to be obtained by both the original
generator and the treater appeared to result in little potential
73.4
—5—
for greater environmental protection.
However, even the Agency
has recommended that the cease to exist concept be dropped,
and a
literal reading of Section 39(h)
does not appear
to authorize
such an exemption.
Section 709.106:
This
is a new section, which addresses the
request of IERG that the Board articulate the effect that both
Section 39(a)
of the Act and Section 16(b)
of the Administrative
Procedures Act
(APA) have on the application.
Section 39(h) does not by its terms incorporate Section
39(a);
it does, however, incorporate Section 40(a) which
in turn
back—references Section 39.
The Agency’s testimony is replete
with references to the 90 day time constraints
of Section 39(a)
(see,
e.g.
R.501,
526, 527—528),
and no other hearing
participants challenged
the interpretation of the Agency.
The
Agency also has, of necessity, tied the wastesteain authorization
process
to the supplemental permit system,
a system clearly
subject
to Section 39(a).
The Board notes that the issuance of a
wastestream authorization by default
is very remote,
given the
experience with the default mechanism as applied
to other Section
39(a)
permits.
As
to the APA,
in addition to reciting the unchallenged
applicability of Section 16(b),
the rule includes
a construction
of the words “timely”
filed.
This construction has no effect on
the Agency’s decision time frame under Section 39(h); decision on
an application filed November 1st remains due on or about
February
1.
Agency forms have been available for only a month,
and only today is the scope of the information
to be considered
being articulated.
Therefore,
under all these circumstances,
the
Board believes that it
is reasonable
to construe prompt
application, within the month, timely filing,
for APA purposes
only.
Section 709.110:
The Board has retained the concept of a land
disposal unit in order to integrate the various disposal
prohibitions.
IERG has stated
its belief that this new
terminology “invites unintended mischief.”
(Ex.
3,
p.
8).
The
Agency, even less kindly, states that
“the
new term is obviously
necessary to circumvent the statutorily—fixed terms
‘disposal’
and
‘hazardous waste disposal
site.’
It
is axiomatic that the
new term and definition are contrary to law.”
(P.
C. No.
3, pp.
3—4).
The Board, obviously,
does not agree.
As stated above,
the reason ~or the term is
to integrate the various disposal
programs without altering the present scope of the liquids or
solvents rules and without contravening Section 39(h).
Even
without resort to this new term,
the Board would have made the
same decisions regarding the scope of Section 39(h).
Considerable testimony was presented at hearing regarding
the various exclusions
under Section 709.110(b) centering on the
proper interpretation of the words “deposit”
and “disposal”
in
73-5
—6—
Section 39(h).
That section states that “a hazardous waste
stream may not be deposited
...
unless specific authorization is
obtained from the Agency and the disposal site owner and operator
for the deposit of that specific hazardous waste stream.
the
Agency may grant specific authorization for disposal
of hazardous
waste streams only after”
the requisite demonstrations have been
made (underlining added).
IERG argues that the use of the term deposit is narrower
than disposal pursuant to the definition of disposal in SectiOn
3(e)
of the Act which states:
“Disposal” means the discharge,
deposit, injection, dumping,
spilling, leaking or placing of any
waste
...“
(underlining added).
(Ex.
3,
p. 9).
Since the
legislature could have easily used the term “disposal” rather
than “deposit” as the key term in Section 39(h),
a narrow
definition which distinguishes deposit from injection or
discharge must have been intended.
The Agency and CBE on the other hand argue that the
legislature uses the words “deposit” and “disposal”
interchangeably and
in fact used both terms
in Section 39(h) such
that no such conclusion can be reached and the statute should be
construed broadly.
(P.
C.
No.
3, pp.
3—5 and P.
C. No.
4, pp.
7—
9).
The Board finds
that the use of the word deposit
in the
operative language establishing the prohibition was meant to be
construed narrowly as distinguished from disposal.
The
legislature could easily have used the words
“dispose’1
or
“disposal”
throughout
if the general meaning had been intended.
This finding
is further supported by the legislative history of
the provision which focuses on landfilling.
(See Exs.
5 and
6).
Nowhere
in the legislative debates is underground injection
or discharge
to a sewer discussed.
Furthermore, the General
Assembly has adopted Section 6.2 of the Act which requires the
Department of Energy and Natural Resources to conduct
a study of
the underground injection of hazardous waste leading toward a
recommendation “as to whether
...other technologies pose less
risk to the public health and safety
...
and whether additional
restrictions should be imposed.”
This legislation, which was
adopted subsequent to Section 39(h),
indicates that the General
Assembly had not at that time determined whether underground
injection should be encouraged or discouraged.
If the Board were
to construe Section 39(h)
to apply to underground injection wells
it would be making that decision for the legislature without
allowing
it
to consider the results of that study and
to reach
its own conclusions.
The Board realizes that thus issue
is not clear cut.
However, if the Board
is construing the provision too narrowly,
the legislature can certainly amend
the statute to clarify the
intended scope
of Section 39(h).
73-6
—7—
Minor wording changes were made to subsection
(a)
for
purposes of clarity and proposed subsection (b)(2) was deleted
consistent with the decision to drop the cease to exist concept,
and the remaining subsections were renumbered.
Section 709.200:
Unchanged.
Section 709.201:
Subsection
(C)
was amended to exclude surface
impoundments and land treatment units from the liquid hazardous
wastes rules.to maintain consistency with the existing rules.
Section 709.202:
The citation in subsection
(a)
to Section 22.1
of the Act has been corrected to Section 22.7.
Language has been
added to subsection
(b)
to exempt spill responses by the Agency
pursuant to Section 4(s)
of the Act from the wastestream
authorization process.
Section 709.301:
The proposed amendments have been deleted
to
avoid the conflict between this rule and the Agency’s application
form.
The section will remain applicable
to liquid hazardous
waste applications.
Section 709.310:
Subsections
(C)
and
(d)
have been added
for
clarity.
The language is drawn from Section 807.205.
Section 709.311:
Deleted since this section applies only to
liquid hazardous waste applications which the Board does not
intend
to change at this time.
Section 709.312:
Deleted at this time as unnecessary.
It was
simply proposed to restate the law
for purposes of notice.
Section 709.400:
Unchanged.
Section 709.401:
Unchanged.
Section 709.402:
Unchanged.
Section 709.403:
This incorporates the “reasons for denial”
requirement of Section 39(a),
in language which
is drawn from the
statute.
Section 709.404:
This language
is drawn nearly verbatim from
that of Section 807.205, and has not been rephrased for the sake
of procedural conformity of the wastestream authorization system
with existing systems.
Among other
things,
the rule allows, and
specifies the time frames,
for Agency determination to an
applicant that a permit is incomplete, and provides for appeal of
such determination.
It also provides that, as
in land permit
situations,
the appeal period starts with
the date of mailing
rather than the date of receipt.
73.7
—8—
Section 709.501:
This section has been modified
to remove the
minimum duration of any wastestream authorization.
This is the
only change
to the rules applicable to prohibitions other than
pursuant to Section 39(h).
Since proposed Section 729.122(g)
allows the Agency to impose temporary conditions which may be of
a duration of less than one year regarding a Section 39(h)
wastestream authorization, such a minimum period would be
inappropriate.
Further,
since
the wastestream authorization
process has been integrated into a single process,
it is
appropriate to have this change applicable to non—39(h)
authorizations as well.
Section 709.510:
Unchanged.
Section 709.520:
The amendment has been deleted.
Thus,
this
section remains in its present
form.
Section 729.100:
Unchanged.
Section 729.102:
The numbering has been corrected from 729.103
and the same changes have been made
for the same reasons as those
made to 709.102.
Section 729.110:
The language of subsection
(b)(1) has been
changed
to specifically reference Sections 729.111 and 729.112
which are the only technical standards which the Board
is
proposing at this time.
The proposed Subpart D technical
standards have been deleted from this proposal
as noted below and
should not be referenced.
Section 729.112:
Subsection
(b)
has been reworded as suggested
at hearing
to more clearly reflect the intent of the rule.
As
previously drafted, this showing would
be virtually impossible to
make.
Sections 729.120 and 729.121:
These sections have been deleted
from the proposal.
The Board does not believe that the present
record contains adequate information to support the adoption of
the ratio test for economic reasonability previously proposed as
Section 729.122(a).
Since Sections 729.120 and 729.121 define
the denominator
(baseline management option)
and the numerator
(waste management alternative)
for that ratio test, they are not
needed at this time.
Section 729.122:
This section has been amended significantly
from the proposal.
First,
as noted above,
the ratio test has
been dropped.
Thus,
the focus of the rule has changed.
The
present proposal simply sets forth those factors which the Board
has determined that the Agency may or may not properly consider
when making a determination of economic reasonableness.
The Board has added a provision that the Agency shall not
consider process substitutions or waste minimization.
This
73-8
—9—
concept was discussed at length at hearing,
and the Board
finds
that Section 39(h)
is directed toward what can or cannot be done
with
regard
to wastestreams which result at the end of
a process
and not whether
the process can be changed to result
in less
waste or less hazardous waste.
Nowhere
in Section
39(h)
is
either process substitution or waste minimization discussed.
Further, to require applicants to detail all potential process
changes and the various factors (many of which will not be
environmental) which are involved
in determining what process
will be used would be onerous and would require the Agency to
make determinations which extend well beyond
its areas of
expertise.
Finally, under
the RCRA rules, generators are already
required to consider and implement reasonable waste reduction
process changes.
Considerable testimony was presented regarding whether
the
agency can require partial
treatment of a wastestream such that
the wastestream
is rendered less hazardous, but not
nonhazardous.
The statute specifically directs the Agency to
consider whether the wastestream can be rendered nonhazardous
which could be construed to limit the Agency to that
consideration as
IERG contends.
(Ex.
3,
p.
20).
However, the
Agency is also empowered
to “impose such conditions as may be
necessary to accomplish
the purposes
of the Act,”
and the Board
believes that the intent of the Act is
to require treatment where
treatment can be accomplished in an economically reasonable and
technically feasible manner.
Such a view should not result
in “treatment
for treatment’s
sake”
as IERG fears.
Under proposed Section 729.123(b)
treatment
cannot be required unless
the risk
to the public health and
environment is decreased through such treatment.
Thus, the only
treatment which could be required by the Agency
is that which is
economically reasonable and which benefits the public, which
certainly does not constitute “treatment for treatment’s sake.”
The Board has also disallowed
the Agency from considering
unrelated information regarding the applicant’s other permits.
This provision has been added at the request of the IERG to
ensure that the wastestream authorization requirement cannot be
used as an enforcement tool against a generator who may be
in
violation of unrelated permit requirements.
Certainly, Section
39(b) was never intended
to be used
in that manner.
However, the
suggested language has been modified
to ensure that the Agency
can take into consideration relevant information which it has
received in connection with other permits.
The Board has added a provision at 729.122(g)(5)
in an
attempt to achieve the goal
of previously proposed Section
703.142 which has been deleted as noted
above.
Subsection
(g)
allows the Agency to impose conditions based on temporary
factors, one of which
is the need to obtain RCRA permits to
install
or operate any treatment or storage units which may be
73.9
—10—
necessary to implement an otherwise economically reasonable
disposal alternative.
For example,
if there
is
a known
economically reasonable treatment alternative but the equipment
cannot be constructed or operated solely because the applicant
does not have the necessary RCRA permits,
the Agency may grant
a
wastestream authorization for a period of time which is
calculated
to allow for the procurement of the necessary permits
and the construction of the equipment.
The other factors of this section remain largely unchanged.
Section 729.123:
This section has been modified to state that a
waste management alternative
is technologically feasible only if
the alternative has been demonstrated in actual operation rather
than on a pilot scale.
Under subsection
(C),
however,
if the
Agency has reason to believe that an alternative will become
technologically feasible at some future time, the wastestream
authorization may be limited in duration until such time as the
alternative
is likely to become feasible.
Section 729.124:
This section has been deleted.
While
the Board
believes that the proposed rule is a good first attempt at
defining the phrase ‘cannot be recycled for reuse,” the record
points out some of the shortcomings of this probably overly
simplistic
rule.
Unfortunately, the record is insufficient
to
support any alternative rule at this time.
This question will,
therefore,
be dealt with at
a later
time.
Sections 729.200,
729.203,
729.204,
729.220, 729.240,
729.241,
729.242, 729.301, 729.310, 729.311 and 729.313:
These sections
are all unchanged except that Section 729.303 was corrected
to
729.203 and 729.310(d)
has been modified consistent with the
modification of Section 709.201.
Sections 729.400, 729.410 and 729.411:
Each of these sections
has been deleted because the present record does not contain
sufficient support for these technical standards for residuals
from treatment.
The Board does, however, hope that such
technical standards can be developed during the course of Docket
B in that such standards could greatly clarify and simplify the
wastestream authorization process for a significant number of
generators.
73-10
—11—
ORDER
The Board hereby proposes the following emergency rules for
public comments which must be filed on or before October
16,
1986:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
b:
PERMITS
PART 709
WASTESTREAM AUTHORIZATIONS
SUBPART A:
GENERAL PROVISIONS
Section
709.100
709.102
709. 103
709.104
709.105
709.106
709.110
Purpose, Scope
and Applicability
Definitions
Deemed—issued Wastestream Authorizations
Expiration of Supplemental Permits
Severability
Deemed—Issued Wastestream Authorization Pursuant
to 35
Ill. Adm. Code 709.200
Land Disposal Unit
SUBPART B:
PROHIBITIONS
Section
709.200
709.201
709.202
Section
709.301
709 .302
709.310
709.311
709.312
Section
709.4.00
709.401
709.402
709.403
709.404
Hazardous Waste Authorization
Liquid Hazardous Waste Authorization
Exemptions
SUBPART C:
APPLICATIONS
General Application fef ~4~4d
He
r~et~5We~e
Signatures
General Hazardous Waste Application
Liquid Hazardous Waste Application
Other
Prohibitions
SUBPART
D:
REVIEW OF WASTESTREAMS
Gthieral Standard for Issuance
Standard for Issuance for Liquid Hazardous Waste
Negative Finding
Denial
of Wastrestream Authorization
Time Requirements for Agency Action
73-il
—12—
SUBPART
E: CONDITIONS OF
WASTESTREAM AUTHORIZATIONS
Section
709.501
Duration
709.510
General Conditions
709.520
Authorized Methods of Disposal
SUBPART F:
MODIFICATION,
REVOCATION AND APPEAL
Section
709.601
Modification
709.602
Revocation
709.603
Appeal
AUTHORITY:
Implementing Sections 22.6 and 39(h)
of the
Environmental Protection Act
(Ill.
Rev. Stat.
1985,
ch.
111 1/2,
pars.
1022.6
and 1039(h))
and authorized by Section 27 of the
Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
111 1/2,
par.
1027).
SOURCE:
Emergency rule adopted
in R83—28A at
8 Ill.
Reg.
12678,
effective July 5,
1984,
for
a maximum of 150 days;
adopted
in
R83—28B at 9
Ill. Reg.
730, effective January
3,
1985; amended in
R83—28C at 10
Ill. Reg 4875, effective March
7,
1986; amended in
R86—9
at
10
Ill. Reg
,
effective
NOTE:
Capitalization is used to indicate that the language
quotes or paraphrases
a statute.
SUBPART A:
GENERAL PROVISIONS
Section 709.100
Purpose, Scope and Applicability
a)
This Part provides for the issuance by the Environmental
Protection Agency of wastestream authorizations required
by Sections 22.6 and 39(h)
of the Environmental
Protection Act (Act).
b)
This Part applies
to generators
of hazardous waste as
specified in Subpart B.
c)
35 Ill. Adm. Code 729 contains technical standards which
are
to be used to determine
in what manner
a waste can
be managed.
(Source:
Added at 10
Ill. Reg.
,
effective
73-12
—13—
Section 709.102
Definitions
The following definitions ef 35 ~i3-~A~r~
eede
9~6~
apply to this Part7 ~m edd~t4ente the fe
ew4i’~term5:
“Act” means the Environmental Protection Act
(Ill. Rev.
Stat.
1983,
ch.
111 1/2, par.
1001).
“Agency” means the Illinois Environmental Protection
Agency.
“Board” means the Illinois Pollution Control Board.
“Generator”
is as defined in 35
Ill. Adm. Code 720.110.
“Hazardous Waste”
is
a hazardous waste as defined at 35
Ill.
Adm.
Code 721.103.
“Hazardous wastestream” means a “wastestream” which
includes
a “hazardous waste.”
“Land disposal unit”
is as defined
in Section 709.110.
“Liquid hazardous waste”
is as defined
in 35 Ill. Adm.
Code 729.301.
“Original generator”
is
a person who generates
hazardous waste as
a result of an activity or
production process other than the treatment of
hazardous waste.
“Residual”
is any material other than a gas which
remains after,
or
is generated by, the treatment of a
hazardous waste.
A “residual” may itself be
a
“hazardous waste.”
“Treater”
is
a person who engages
in treatment of
hazardous waste.
A “treater” may be
a “generator,” but
not the “original generator.”
“Treatment”
is as defined
in
35
Ill. Adm. Code 720.110.
“Wastestream” means
a “solid waste”
as defined
in 35
Ill. Adm. Code 721, which is routinely or periodically
p,roduced by a certain generator as a result of
a
certain activity, production process or treatment
process.
The Agency may issue multiple wastestream
authorizations for
a single wastestream, each
identifying
a different disposer or disposal method.
The Agency may allow the combination of wastestreains
into
a single wastestream if such combination does not
limit the possibilities for treatment,
recycling or
disposal of the wastes.
73.13
—14—
(Source:
Amended at 10
Ill. Reg.
,
effective
Section 709.106
Deemed—Issued Wastestream Authorizations
Pursuant to
35 Ill. Adm. Code 709.200.
fl
Wastestream authorizations shall be deemed issued if
the Agency fails to act within 90 days of the filing of
the wastestream application as required by 35 Ill. Adm.
Code 709.404.
The wastestream authorization shall be
deemed issued for the same time period as
a permit
deemed issued pursuant
to Section 39(a) of the Act.
2)
Wastestream authorizations shall
be deemed issued
under
the circumstances and for the time periods specified
in
Section 16(b)
of the Illinois Administrative Procedure
Act
(Ill.
Rev.
Stat.
1985,
ch.
127, par. 1016(b)), if
a
timely and sufficient application has been filed.
Applications filed with the Agency on or before
November
1,
1986 shall
be deemed timely filed for the
purposes of this subsection.
3)
Upon written request by the applicant, the Agency shall
issue
a statement that
a wastestream authorization has
been deemed
issued pursuant
to subsections
1)
or 2),
above.
Section 709.110
Land Disposal Unit
a)
As used
in this Part,
a “land disposal unit” means any
“hazardous waste management unit” as defined
in 35
Ill.
Adm Code 720.110, unless that unit
is
specifically
excluded under subsection
(b). Without limiting the
generality of
this definition,
the following are
examples of land disposal units:
1)
A landfill
2)
A surface impoundment or waste pile, unless the
owner_or_operator demonstrates,
by way of
a
closure plan pursuant to 35 Ill. Adm. Code 724.212
or 725.212, that all wastes and waste residues
will be removed from the unit prior
to or upon
closure
3)
A land treatment unit, unless
the owner or
operator demonstrates, pursuant to 35
Ill.
Adm.
Code
724.372,
that the hazardous constituents in
the waste can be completely degraded, transformed
or immobilized
in the treatment zone.
73-14
—15—
b)
S~pecificexclusions.
The following hazardous waste
management units are not land disposal units:
1)
A storage or treatment unit,
including an
incinerator, for which
the owner or operator
demonstrates, through a closure plan pursuant to
35
Ill.
Adm. Code
724.212 or 725.212, that all
wastes and waste residues will
be removed from the
unit prior to or upon closure
2)
A discharge of water
from a treatment unit to a
publicly owned treatment works
(POTW), provided
the discharge
is
in compliance with applicable
pretreatment requirements imposed by the POTW.
3)
A discharge of water
from
a treatment unit to
waters of the State, provided such discharge
is
authorized by an NPDES permit issued pursuant to
Section 39(b)
of the Act and
35
Ill. Adm. Code
309.
j~
An underground injection well for which
the Agency
has issued
a UIC permit pursuant to Section 39(e)
of the Act and
35 Ill. Adm.
Code
704.
(Source:
Added at 10 Ill.
Reg.
,
effective
)
SUBPART B:
PROHIBITIONS
Section 709.200
Hazardous Waste Authorization
a)
Hazardous wastes. NO HAZARDOUS WASTESTREAM MAY BE
DEPOSITED IN ANY PERMITTED LAND DISPOSAL UNIT OF
A TYPE
IDENTIFIED IN SUBSECTION
(c)
UNLESS A WASTESTREAM
AUTHORIZATION HAS BEEN ISSUED FOR THE DEPOSIT OF THAT
WASTESTREAM
(Section 39(h)
of the Act).
b)
Residuals. No person shall engage
in the treatment of a
hazardous wastestream and cause,
threaten or allow the
deposit of any residual from such treatment in any land
disposal unit of
a type identified
in Subsection
(c)
unless_the Agency has issued a wastestream
authorization for that wastestream.
c)
This Section applies to all land disposal units as
defined
in Section 709.110.
(Source:
Added at 10
Ill. Reg.
,
effective
Section 709.201
Liquid Hazardous Waste Authorization
73-15
—16—
a)
Liquids:
NO PERSON SHALL CAUSE,
THREATEN OR ALLOW THE
DISPOSAL IN ANY bANBFThb bANB B~SP~SAb~N~P 8F ~ P~PE
~BBNP~F~EB ~N SBS~~p~GN~e+
AN~~~fB
HAARBG~S
WASPE
9?ThESS PHE A6EN~~
HAS ~SS~ER A WAS~’8S~REAM
AH~R~A~8NPeR PHA~WAS
S~REAM~fSeet~en~~6*e+
ef the
b-)
Ree4d~e38~Ne pe~~et’t5he~en~e~e~n
~he
treetfitent ef
~qu~d
he~er~et15
we5te e~dee~ee7threeter~er e~ew
t1~ed4~pe5el
~i’t
emy ~ef~3~
land disposal unit of a
type identified
in subsection
(c)
of any residual from
such treatment unless the Agency has issued a
wastestream authorization for that wastestream.
c)
This Section applies
to all types of land disposal
units
identified
in Section 709.110,
except surface
impoundments and land treatment units.
(Source:
Amended
at 10
Ill. Reg.
,
effective
)
Section 709.202
Exemptions
The wastestream authorization requirement does not apply to:
a)
The Agency or its contractors with respect to
management of wastes generated as
a result of remedial
action pursuant
to Section 22.7 of the Act; and,
b)
The Agency,
the United States Environmental Protection
Agency or their contractors with respect
to wastes
generated as
a
result of remedial action pursuant to
the Comprehensive Environmental Response, Compensation
and Liability Act
(42 U.S.C.
9601 et seq.)
and spill
responses pursuant to Section
4
(s)
of the Act.
(Source:
Added at
10 Ill. Reg.
,
effective
SUBPART C:
APPLICATIONS
Section 709.310
General Hazardous Waste Application
a)
If the applicant seeks an authorization
to deposit
a
hazardous wastestream in a permitted land disposal
unit,
the applicant must provide, by way of narrative
description
and supporting evidence, proof that the
waste meets the standard
of Section 709.400(a)
and
35
Ill. Adm. Code
729.110(a).
b)
If the applicant seeks to deposit
a residual from
the
treatment of
a hazardous wastestream in
a land disposal
unit the applicant may provide proof that the residual
meets one
of the standards of Section 709.400(b), and
35
Ill.
Adm. Code 729.110(b),
instead of proof pursuant
to subsection
(a).
73.16
—17—
c)
The Agency may prescribe the form in which all
information required under
this Section shall be
submitted.
d)
All permit applications shall be mailed
or delivered to
the appropriate address designated by the Agency, and
shall be sent by registered or certified mail, return
receipt requested or delivered
in person.
Applications
which are hand—delivered shall
be delivered to and
receipted for by the Manager
of the Agency’s Division
of Land Pollution Control or his designee.
(Source:
Added at 10
Ill. Reg.
,
effective
SUBPART
D:
REVIEW OF WASTESTREAMS
Section 709.400
General Standard for Issuance
a)
THE AGENCY SHALL ISSUE A WASTESTREAM AUTHORIZATION FOR
—
THE DISPOSAL
OF A HAZARDOUS WASTESTREAM
IN A PERMITTED
LAND DISPOSAL UNIT ONLY AFTER THE GENERATOR HAS
REASONABLY DEMONSTRATED THAT THE WASTESTREAM MEETS THE
STANDARD OF
35 ILL. ADM.
CODE 729.110(a), AND THAT
LAND
DISPOSAL IS NOT PROHIBITED OR LIMITED BY BOARD
REGULATIONS.
(Section 39(h)
of the Act).
b)
Residuals.
The Agency shall
issue
a wastestream
authorization for the disposal
of
a residual froir-the
treatment of hazardous waste
if the original generator
or treater demonstrates that the residual either meets
the standard of subsection
(a), or:
fl
Is
a residual
for which the Board has promulgated
a technical standard under
35 Ill. Adm. Code
729;
and,
2)
Will be managed as provided
in that technical
standard;
and,
3)
Meets the technical standard;
and,
4)
Is not otherwise restricted.
/
(Source:
Added at 10 Ill.
Reg.
,
effective
Section 709.401
Standard
for Issuance
for
Liquid Hazardous
Waste
a)
Liquids:
THE AGENCY SHALL ISSUE A WASTESTREAM
AUTHORIZATION FOR THE LAND DISPOSAL OF A LIQUID
73-17
—18—
HAZARDOUS WASTE ONLY AFTER THE GENERATOR HAS REASONABLY
DEMONSTRATED THAT THE WASTESTREAM MEETS THE STANDARD OF
35
ILL. ADM.
CODE 729.310(a), AND THAT LAND DISPOSAL IS
NOT PROHIBITED OR LIMITED BY BOARD REGULATIONS.
(Section 22.6(c)
of the Act).
b)
Residuals:
The Agency shall
issue
a wastestream
authorization for the land disposal of
the residual from
the treatment of a liquid hazardous waste if en~en~y~f
the original generator or treater demonstrates that the
residual either meets the standard of subsection
(a) or
meets one of the standards of
35 Ill.
Adm. Code
729.310(b), and that land disposal is not prohibited or
limited by Board regulations.
c-)
Neget~i~e ~
Per we~te~
whteh
ere
rie4ther e
~
he~erde~~e
weete nec e cc
dt~e4?ce~tthe tceetmertt ef e
34qu4d he2erdet~eweetey the Agency mey ~eet~ee
weeteetreem euthec
eti~enupen e f4nd~ngthet the
weeteetreem ~e net e~b~eet
te any ether ~endfH~ng
pee
(Source:
Amended at 10 Ill. Reg.
,
effective
Section 709.402
Negative Finding
If, after reviewing an application
for
a wastestream
authorization, the Agency determines that the waste is not
subject
to the requirement to obtain a wastestream authorization,
the Agency shall, upon request by the applicant,
issue
a
wastestream authorization including such determination.
Such an
authorization shall
include such conditions as are necessary to
ensure that the person continues to be not subject to the
wastestream authorization requirement, and defining the methods
of managing the waste so as
to avoid the requirement.
(Source:
Added at 10
Ill. Reg.
,
effective
Section 709.403
Denial of Wastestream Authorization
If the Agency denies any wastestream authorization required by 35
Ill. Adm. Code 709.201,
the Agency shall transmit to the
~pplicant specific, detailed statements as
to the reasons the
wastestream authorization was denied.
Such statements
shall
include the factors enumerated
in Section 39(a)(l—4)
of the Act.
Section 709.404
Time Requirements for Agency Action
a.)
An application wastestream authorization shall not be
deemed
filed until
the Agency has received,
at the
designated address,
all information, documents,
and
authorization
in the form and with
the content required
by this Part.
However,
if the Agency fails to notify the
73-18
—19—
applicant within
30 days after
the receipt of an
application that the application
is incomplete,
and of
the reasons, the application shall
be deemed
to have
been filed on the date received by the Agency.
An
applicant may deem the Agency’s notification that the
application
is incomplete
as a denial of the wastestream
authorization for purposes of review pursuant to 35 Ill.
Adm. Code 709.603.
b)
If the Agency fails
to take final action on the
application within 90 days from the filing thereof, the
applicant may deem the wastestream authorization granted
on the 91st day after
the application was filed.
c)
Any applicant may waive the requirement that the Agency
shall take actions within the time periods of this
Section.
d)
The Agency shall send all notices of final action by
registered or certified mail,
return receipt
requested.
Final action shall
be deemed to have taken
place on the date that such notice
is mailed
for the
purposes of computing the 35 day appeal period pursuant
to Section 40
(a)
of the Act.
SUBPART
E:
CONDITIONS OF WASTESTREAM AUTHORIZATIONS
Section 709.501
Duration
A wastestream authorization shall be valid
for
a period of not
~ese then en nec more than three years.
(Source: Amended at 10
Ill.
Reg.
,
effective
).
Section 709.510
General Conditions
IN GRANTING A WASTESTREAM AUTHORIZATION THE AGENCY MAY IMPOSE
SUCH CONDITIONS AS MAY BE NECESSARY TO ACCOMPLISH THE PURPOSES OF
THE ACT AND WHICH ARE CONSISTENT WITH BOARD REGULATIONS,
including requirements for the periodic testing
of the
wastestream to verify that it continues
to meet one of the
standards of
35
Ill. Adm. Code 729--3~6.
(Section 22.6(c)
and
39(h)
of the Act).
(Source:
~mended at 10 Ill.
Reg.
,
effective
73-19
—20—
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I: POLLUTION CONTROL BOARD
SUBCHAPTER
C:
HAZARDOUS WASTE
OPERATING REQUIREMENTS
PART 729
~AN9P~bSi
PROHIBITED HAZARDOUS WASTES
IN LAND DISPOSAL UNITS
SUBPART A:
GENERAL HAZARDOUS WASTE RESTRICTION
Section
729.100
Purpose, Scope and Applicability
729.101
Severability
729.102
Definitions
729.110
Hazardous Waste Restriction
729.111
Nonhazardous Residuals
729.112
Residuals from Generic Hazardous Waste
729.122
Economic Reasonableness
729.123
Technical Feasibility
SUBPART B:
HALOGENATED SOLVENTS
Section
729.200
Purpose, Scope and Applicability
729.201
No Circumvention
729.202
Incorporations by Reference
729.203
Waste Analysis Plan
729.204
Land Treatment Demonstration (Repealed)
729.205
Effect on Wastestream Authorizations and Supplemental
Permits (Repealed)
729.220
Definitions
729.221
Halogenated Compound——Definition
729.222
Halogenated Solvent——Definition
729.223
Halogen Content Presumption
729.224
Partition Presumption
729.240
Non—aqueous Liquid Phases which are Halogenated Solvents
729.241
Aqueous Solutions of Halogenated Compounds
729.242
Solids Containing Halogenated Compounds
729.262
Recycling Residues
729.263
Small Quantity Generators
SUBPART C:
LIQUID HAZARDOUS WASTES
Section
729.301
Definitions
729.302
Waste Analysis Plan
729.303
Incorporations by Reference
729.310
Liquid Hazardous Waste Restriction
729.311
Prohibition of Non—hazardous Liquids
in Hazardous Waste
Landfills
729.312
Labpacks
729.313
Biodegradable Absorbents
73-20
—21—
729.320
Test for Liquids
729.321
Load—bearing Capacity Test
AUTHORITY:
Implementing Sections 22(g),
22.4(b),
22.6 and 39(h)
of the Environmental Protection Act
(Ill.
Rev. Stat.
1985,
ch.
111 1/2, pars 1022(g), 1022.4(b),
1022.6 and 1039(h))
and
authorized by Sections 22.6 and 27 of the Environmental
Protection Act
(Ill.
Rev.
Stat.
1985,
ch. 111 1/2, pars.
1022.6
and 1027.
SOURCE:
Emergency rule adopted
in R83—28A at
8
Ill. Reg.
12668,
effective July
5,
1984
for
a maximum of 150 days;
adopted
in R81—
25 at 8
Ill.
Reg.
24124,
effective December
4,
1984; amended
in
R83—28B at 9
Ill.
Reg.
718, effective January
3,
1985; amended
in
R83—28C at 10
Ill. Reg.
4864,
effective March 7,
1986; amended
in
R86—9 at 10
Ill. Reg
,
effective
NOTE:
Capitalization
is used to indicate that the language
quotes or paraphrases a statute.
SUBPART A:
GENERAL
Section 729.100
Purpose, Scope and Applicability
a)
The purpose of this Part
is to prohibit the disposal
of
certain hazardous wastes
in 3endfH4e land disposal
units.
“Hazardous waste”
is as defined
in 35 Ill. Adm.
Code 721.
“Land Disposal Unit”
is defined
in 35
111.
Adm. Code 709.110.
35 111. Adm. Code
7.09 requires
wastestream authorizations for certain wastestreams.
b+
~n~eee etherw~eetndteeted7 the re~t~ren~ente
of this
Pert appiy to a~H~endf4~e7
or ~aen4tary ~andf~He~
as
def4ned 4n the Env~ronmente3~Proteet4on Act *Aet+ +H3-
Rev~Stet~i9e37 eh~~
~
per~~6G~ et seq~r~7
~ef~~s
4ne3~udeboth non—ha~erdoueend harardot~swaste
iendH~s perm4tted t~ndecSeet~ens~+d+
or ~1+f+ of the
Aet-
~n~ese etherw4ee tnd-±eeted7~~endf4H&~
4ne~des
e~rfaee~mpe~nd~tenteend waste pHee ~n
whtel’t waste
ces~d~eeare expected to ce~e~rt
after c3~ost~re7end ~and
epp~eet4en~
eb)
The provisions of
35 Ill. Adm. Code 721.105
notwithstanding, the 3andfH~n~prohibitions of this
Part apply to all persons,
including small quantity
generators,
unless otherwise indicated in this Part.
dc)
The 3andf4~~ngprohibitions 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.
73-21
—22—
ed)
The provisions of this Part are intended to supplement
the requirements of 35
Ill. Adm.
Code 722,
723, 724,
725, 807 and 809.
No provisions of those regulations
should be read as permitting the disposal of any
hazardous waste
in any manner prohibited
under
this
Part.
fe)
The provisions of this Part are intended to proscribe
any conduct by generators,
transporters, treaters or
disposers of waste which results
in placement of a
prohibited waste
in a ~andf~i~ land disposal unit.
(Source:
Amended at 10
Ill. Reg.
,
effective
Section 729.102
Definitions
The following definitions apply to this Part, except as modified
in individual Subparts:
“Act” means the Environmental Protection Act
(Ill.
Rev.
Stat.
1983,
ch.
111 1/2, par.
1001)
“Agency” means
the Illinois Environmental Protection
Agency
“Board”
means the Illinois Pollution Control Board
“Generator”
is as defined
in 35 Ill.
Adm. Code 720.110
“Hazardous Waste”
is
a hazardous waste
as defined at
35
Ill. Adm. Code 721.103
“Hazardous wastestream” means
a “wastestream” which
includes
a “hazardous waste”
“Land disposal
unit”
is as defined in 35 Ill. Adm. Code
709.110.
“Liquid hazardous waste”
is as defined
in Section
729. 301.
“Original generator”
is
a person who generates
hazardous waste as
a result of
an activity or
production process other than the treatment of
hazardous waste.
“Residual”
is any material other
than
a gas which
remains after, or
is generated by,
the treatment of
a
hazardous waste.
A “residual” may itself be
a
“hazardous waste”.
73-22
—23—
“Treater”
is
a person who engages
in treatment of
hazardous waste.
A “treater” may be
a “generator”,
but
not the “original generator.”
“Treatment”
is as defined in
35 Ill.
Adm. Code 720.110.
“Wastestream” means
a “solid waste” as defined in 35
Ill.
Adm. Code 721, which is routinely or periodically
produced by a certain generator as
a result of
a
certain activity, production process or treatment
process.
The Agency may issue multiple wastestream
authorizations for
a single wastestream, each
identifying
a different disposer
or disposal method.
The Agency may allow the combination of wastestreams
into
a single wastestream if such combination does not
limit the possibilities for treatment, recycling or
disposal
of the wastes.
(Source:
Added
at 10 Ill. Reg.
,
effective
)
Section 729.110
Hazardous Waste Restriction
a)
Except as provided in subsection
(b), NO PERSON SHALL
—
DEPOSIT A HAZARDOUS WASTESTREAM
IN A PERMITTED
HAZARDOUS WASTE LAND DISPOSAL UNIT OF A TYPE IDENTIFIED
IN SUBSECTION
(c) UNLESS THE GENERATOR HAS REASONABLY
DEMONSTRATED THAT, CONSIDERING TECHNOLOGICAL
FEASIBILITY AND ECONOMIC REASONABLENESS, THE HAZARDOUS
WASTE CANNOT BE REASONABLY RECYCLED FOR REUSE, NR
INCINERATED OR CHEMICALLY, PHYSICALLY OR BIOLOGICALLY
TREATED SO AS TO NEUTRALIZE THE HAZARDOUS WASTE AND
RENDER
IT NONHAZARDOUS.
(Section 39(h)
of the Act.)
b)
Residuals. Paragraph
(a)
notwithstanding,
a person may
deposit
a residual from the treatment of
a hazardous
waste
in
a
lanìd disposal unit
if:
1)
The Board has adopted technical standards at
Section 729.111 and 729.112 which are applicable
to the waste
2)
The person will manage the waste
in
a manner
authorized by the technical standard
3)
The waste
meets the technical standard;
and,
4)
The waste
is not otherwise restricted
or
prohibited.
c)
This Section applies
to all
types
of land disposal
units identified
in 35 Ill. Adm. Code 709.110
73-23
—24—
(Source:
Added at 10
Ill. Reg.
,
effective
)
Section 729.111
Nonhazardous Residuals
A person may deposit
a residual
from the treatment of
a hazardous
waste
in
a land disposal unit if the person demonstrates that the
residual is not
a hazardous waste.
(Source:
Added at 10
Ill.
Reg.
,
effective
)
Section 729.112
Residuals from Generic Hazardous Waste
a)
This Section applies to residuals from the treatment of
generic hazardous waste.
1.)
A “generic hazardous waste”
is a hazardous waste
which
is listed
in 35 Ill. Adm. Code 721.131 or
721.132.
2)
To conduct “treatment”
of hazardous waste,
a
person must have a RCRA permit or interim status
pursuant
to 35 Ill.
Adm. Code
703, except insofar
as treatment without
a permit is authorized
by 35
Ill. Adm.
Code
702—726.
b)
A person may deposit
a residual from the treatment of
a
generic hazardous waste
in a land disposal unit if the
person demonstrates that the waste
could
be delisted
pursuant to 35 Iii. Adm. Code 720.122.
(Source:
Added at 10 Ill.
Reg.
,
effective
)
Section 729.122
Economic Reasonableness
In making an ERTF determination the Agency shall consider all
facts and circumstances bearing upon the economic reasonableness
of recycling,
reusing, incinerating, or chemically, physically or
biologically neutralizing the hazardous waste and rendering it
non—hazardous.
In this regard,
the Agency:
a)
Shall not consider process substitutions or waste
minimization
b)
Shall not consider the profitability of the
generator.
Generators may, however,
request variances
pursuant to 35 Ill. Adm. Code
104 based on
a showing of
arbitrary or unreasonable hardship
c)
Shall consider the cost to
transport the waste to the
nearest available treatment or land disposal unit,
including units located outside the state
73-24
—25—
d)
Shall
consider both the cost of conducting treatment at
the site of generation and off—site
e)
Shall consider whether treatment alternatives can
render the hazardous waste stream non—hazardous.
For
purposes of this Subsection,
“to render a hazardous
waste stream non—hazardous” means that such waste
stream, after
treatment, would no longer be identified
or characterized as a hazardous waste under Part 721.
Unless the treatment alternative can render
a hazardous
waste stream non—hazardous, that alternative shall not
be considered
as
a viable option for purposes of
granting or denying a waste stream authorization
pursuant
to Section 729.410(a)
f)
Shall
not consider unrelated information regarding the
applicant’s other permits; and
gj
If
a waste management alternative
is not economically
reasonable because of temporary factors,
the Agency
shall provide that the authorization will expire at
such time as the Agency expects the temporary factor to
change. Temporary factors include, but are not limited
to, the following
1)
High costs due to lack of capacity
2)
High transportation costs due
to lack of local
capacity
3)
Variable cost factors due
to fluctuating demand
for
a product which
is resold
4)
Seasonal cost factors; and
5)
The applicant’s need to obtain any
RCRA
permits to
install or operate any treatment
or storage units
which may be necessary in order
to
implement an
otherwise economically reasonable alternative
to
disposal
in
a land disposal unit,
the time
it may
take to obtain such permits and the time which may
be required
to install such unit.
(Source:
Added
at 10
Ill.
Reg.
,
effective
Section
729.123
Technical Feasibility
This Section defines “technologically feasible”
for purposes of
application of Sections 22.6 and
39(h)
of the Act and Sections
729.110 and 729.310.
a)
A waste management alternative
is technologically
feasible if the alternative has been demonstrated
in an
actual operation.
73-25
—26—
b)
A waste management alternative is not technologically
feasible
if
it would result
in as much
or more risk to
public health and the environment when compared
to land
disposal of the waste.
C)
If the Agency determines that an alternative is not
technologically feasible,
it shall provide that the
authorization will expire at a time at which a
technologically feasible alternative
is likely to
exist.
(Source:
Added at
10 Ill. Reg.
,
effective
)
SUBPART B:
HALOGENATED SOLVENTS
Section 729.200
Purpose, Scope and Applicability
a)
This Subpart prohibits the ~endf~~n’g
deposit
in
a
land disposal unit of wastes containing halogenated
compounds.
Rules are included to differentiate these
from other wastes.
b)
Halogenated compounds are a class of organic
solvents.
As a class halogenated compounds are not
very soluble
in water; therefore,
in a complex system,
they will be found
in a non—aqueous phase associated
with any other organic solvents present.
This Subpart
assumes that any halogenated compounds present will be
more concentrated
in any non—aqueous liquid phase.
The
halogen concentration in the non—aqueous liquid phase
is used
to determine whether the phase should be
regulated as an halogenated solvent or as an organic
solvent.
c)
Organic solvent phases, whether they include
halogenated compounds or not, pose
a threat
to the
impermeability of clay and synthetic 3andf~H liners.
d)
Aqueous solutions of halogenated compounds placed
directly into the 3andf~~land disposal unit,
could
damage synthetic liners and move into groundwater.
e)
Because
of their differing impacts on
3endf4Hs
land
disposal units,
the Board intends to encourage the
separation prior
to disposal of phases
in multiphase
wastes, and intends to encourage the separation of
wastestreams during generation
to avoid the formation
of multiphase wastes.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
73-26
—27—
Section 729.203
Waste Analysis Plan
The owner
or operator of
a land disposal
unit ~andf4H
disposing
of hazardous waste must, within thirty days after the effective
date of this section, develop and follow
a written waste analysis
p1an~which describes the procedures which the owner or operator
will carry out to ensure that the facility complies with the
prohibition stated
in this Subpart.
The owner
or operator must
keep this plan at the facility.
A copy of the plan shall be
sutmiitted
to the Agency within thirty days after the effective
date of
this section.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 729.204 Land Treatment Demonstration (Repealed)
Th~sSubpart she~3not bar the ~seuence of a RERA peem~tpursuant
to Seet4en ~+f+
of the Act end
35 ~H-~
Adm7 Cede
~3
for ~end
treatment of he~ardouswaste 4f the owner or operator
denteastrates~pursuant to 35 ~
Adm-~Cede
~3~867
~G3~38
end
4~3~27that any he3egeneted compounds 4n the waste wt~ be
eomp3ete~ydegreded7 transformed or 4mmob~4sed~n the treatment
(Source:
Repealed at 10
Ill.
Reg.
,
effective
)
Section 729.220
Definitions
In addition to the definitions of
Section 729.102, as
As
used
in
this Subpart,
terms have the following meanings:
Aqueous phase:
A “phase”
in which water
is the
solvent, constituting more than 500 g/kg.
Component:
An element or compound present
in a “phase”
or “system”.
Emulsion:
A “system”, including two or more liquid
“phases”, which is not separated into layers.
For
purposes of this Subpart, an emulsion which does not
form layers within one hour is one phase.
Liquid:
A waste,
or part of a waste, which yields any
fluid when subjected to the paint filter test described
in Section 729.320.
Non—aqueous phase:
A “phase” which contains
500 g/kg
or less of water.
One—phase system:
A “system” with one and only one
“phase”.
73-27
—28—
Phase:
A physically distinct portion of
a dispersion
or solution which at least in principle could be
mechanically separated from the remainder of the
material.
For purposes of this Subpart, a container
is
not
a phase,
nor
is
a vapor
above
a waste.
Emulsions
and suspensions are a single phase if they do not form
layers within one hour.
Solid:
A waste,
or part of a waste, which contains no
free liquid as determined from the paint filter
test
described
in Section 729.320.
Suspension:
A “system”, including
a “solid” phase and
a “liquid” phase, which is not separated into layers.
For purposes of this Subpart,
a suspension which does
not form layers within one hour
is one phase.
System:
A single isolated “phase”
or
a set of
two or
more “phases” which are
in physical contact.
TOX
test:
Either of the tests
for total organic
halogen incorporated by reference
in Section 729.202,
ASTM D2361—66
(Reapproved
1978)
or ASTM E442—74
(Reapproved 1981).
Two—phase system:
A “system” with two “phases”.
(Source:
Amended at 10
Ill. Reg.
,
effective
Section 729.240
Non—aqueous Liquid Phases which are
Halogenated Solvents
No person shall
cause or allow any hazardous waste containing
a
non—aqueous liquid phase which is an halogenated solvent to be
placed in any land disposal unit ~endfH3.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 729.241
Aqueous Solutions of Halogenated Compounds
a)
No person shall cause or allow
to be placed in any land
disposal unit 3~andf43~
any hazardous waste containing
an
aqueous liquid phase containing more than 14,000 mg of
halogenated compounds in any
1
kg.
b)
An aqueous liquid phase containing more than 10,000 mg
of total organic halogen, as measured by the TOX test,
in any
1 kg
is assumed to contain more than 14,000 mg
of
halogenated compounds per kilogram, unless the contrary
is shown by
a more definitive test whose validity is
demonstrated
to the Agency.
(Source:
Amended at 10
Ill.
Reg.
,
effective
73-28
—29—
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 land disposal unit
~endf~~
if the waste
forms
a non—aqueous liquid phase
which is an halogenated
solvent when a representative
sample of the waste is mixed with water.
b)
The prohibition of paragraph
(a)
shall become effective
on July 1,
1986.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
SUBPART C:
LIQUID HAZARDOUS WASTES
Section 729.301
Definitions
The following definitions apply to this Subpart,
in addition to
the definitions of Section 729.103:
~Aet~ means the Bnv~ronmente3Proteet~enAct +H~ Re~
Stat7
i~9837eh~~33~3~7~~7
par7 ~OG3 et Ceg-~+
~‘Ageney~means the
~ne~e
E~w~4ronmenta~
Proteet4on
Agency
~‘Board~’
means the
~4ne4s ?e~ut~enContre3 Board
.~6enerator~r~
~s as def4ned ~n 35 ~
Adm~eode ~~H6
~Ha2erdeus Weste~~s a hererdous waste as def4~nedat 35
fl3~Adm-
Cede ~83
“Labwaste”
is a liquid hazardous waste generated by an
activity
in a laboratory engaged
in teaching, testing
or research,
in a quantity totaling less than 100 kg
per month
for the activity.
Wastes which are
periodically produced as a result of a production
process are not “labwaste”.
“LANDFILL”
IS A DISPOSAL UNIT OR PART OF A FACILITY
WHERE HAZARDOUS WASTE
IS PLACED IN OR ON LAND
AND
WHICH
IS NOT A LAND TREATMENT UNIT, A SURFACE IMPOUNDMENT OR
1~NUNDERGROUND INJECTION WELL.
(Section 22.6(d)
of the
Act).
As used in this Subpart,
a “landfill”
is
a “land
disposal unit” as defined
35
Ill. Adm. Code 709.110.
“Liquid hazardous waste”
is
a hazardous waste which
yields any fluid when subjected to the test procedure
described
in Section 729.320.
73-29
—30—
“Non—periodic waste”
is
a liquid hazardous waste
in a
quantity of less than 100
kg which will not be
generated again by that generator.
‘1er~g4na3generators
~e a person who generates
hacardous waste as a reeu3t of an aet4v~tyor
preduet4on process other than the treatment of
ha2ardous waster
~Ree4dua~’ ~s any mater4a~other than a gas wh~eh
rema~nsafter7 or 4s generated byy the treatment of a
~4qu~d hatardous waste7
A ‘~res~dua~
may 4tse~1fbe a
~4gu~d
ha~erdouswaste~
~Preater~ ~s a person who engages
4ri treatment of
hazardous waste-i
A “treater~may be a ~generator~7 but
may not be the ~or4g~na3 generater~’--
“Treatment”
is treatment as defined at 35 Ill. Adm.
Code 720.110.
35 Ill. Adm.
Code 703.123(h)
and
724.101(g)
(10) notwithstanding, as used
in this
Subpart,
“treatment” specifically includes the addition
of absorbent materials to
a liquid hazardous waste or
vice versa.
Provided, however, that “treatment”
shall
not include those activities carried out to immediately
contain or treat a spill
of a liquid hazardous waste or
a material which, when spilled, becomes
a liquid
hazardous waste,
to the extent such treatment meets the
exemption of 35 Ill. Adm.
Code 724.lOl(g)(8) or
725.lOl(c)(11), whichever
is applicable.
(Source:
Amended at 10
Ill. Reg.
,
effective
Section 729.310
Liquid Hazardous Waste Restriction
a)
Liquids:
NO PERSON SHALL CAUSE, THREATEN OR ALLOW THE
DISPOSAL IN A LAND DISPOSAL UNIT OF A TYPE IDENTIFIED
IN SUBSECTION
(d) bANBPTh1~OF ANY LIQUID HAZARDOUS
WASTE, UNLESS THE GENERATOR HAS DEMONSTRATED THAT,
CONSIDERING CURRENT TECHNOLOGICAL FEASIBILITY AND
ECONOMIC REASONABLENESS, THE HAZARDOUS WASTE CANNOT BE
REASONABLY SOLIDIFIED, STABILIZED OR RECYCLED FOR
REUSE, NOR INCINERATED OR CHEMICALLY,
PHYSICALLY OR
BIOLOGICALLY TREATED SO AS TO NEUTRALIZE THE HAZARDOUS
WASTE
AND
RENDER IT NONHAZARDOUS.
(Sections 22.6(a)
and 22.6(c)
of the Act)
b)
Residuals:
No person shall engage in the treatment of
a liquid hazardous waste and cause, threaten or allow
the disposal
in
a land disposal unit of
a type
identified
in subsection
(d) 3andf433
of
a residual
73-30
—31—
from such treatment unless the residual meets one of
the following standards.
1)
Non—hazardous Residuals:
The residual may be
deposited
in a land disposal unit ~andf~Hed
if it
no
longer
meets
the
definition
of
“hazardous
waste”.
2)
Liquid
Removal:
For
wastes
in
which
treatment
is
accomplished
only
through
extraction,
volatilization,
evaporation,
thermal
destruction
or
other
removal
of
liquids,
the
residual
may
be
deposited
in
a
land
dis~osal
unit
~endf~~ed
if
it
no
longer
meets the definition of “liquid
hazardous
waste”.
3)
Solidification:
The residual may be deposited
in
a land disposal unit ~endf~3ed
if
it no longer
meets the definition of “liquid hazardous waste”
and possesses
a load—bearing capacity of at least
2.0 tons per square foot as determined by
application of the test procedure described
in
Section 729.321.
C)
No person shall cause, threaten or allow the disposal
in
a land disposal unit of a type identified
in
subsection
(d) ~andf4H
of
a residual from the
treatment of
a liquid hazardous waste which does not
meet one of the standards of paragraph
(b), and for
which the Agency has not issued
a wastestream
authorization pursuant to 35 Ill. Adm. Code
709.401(a).
Reasonable reliance on a generator’s
description of the waste shall be a complete defense
to
violation of this paragraph.
d)
This Section applies to all types of land disposal
units identified
in 35
Ill.
Adm. Code 709.110, except
surface impoundments and land treatment units.
(Source:
Amended at 10
Ill. Reg.
,
effective
)
Section 729.311
Prohibition of Non—hazardous Liquids in
Hazardous Waste Landfills
No person shall cause, threaten or allow the placement into any
land disposal unit a ~andf4H
permitted to receive hazardous
waste of any non—hazardous waste which yields any fluids when
subjected to the test procedure described in Section 729.320.
(Source:
Amended
at 10
Ill. Reg.
,
effective
)
73-31
—32—
Section 729.313
Biodegradable Absorbents
No person shall cause, threaten or allow the disposal
in any land
disposal unit ~endf4H
of any liquid hazardous waste containing
an absorbent material which,
because of microbial action, will
degrade faster than the waste.
(Source:
Amended at
10
Ill. Reg.
,
effective
)
IT IS SO ORDERED.
Board Members B. Forcade and
R. Flemal dissented.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Proposed qpinion and Order
was adopted on1the
____________
day of
~
,
1986 by a
vote of
________________
7
i~.
4~
Dorothy
M.
G~4nn, Clerk
Illinois
Pollution
Control
Board
73.32

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