ILLINOIS POLLUTION CONTROL BOARD
February 5, 1998
IN THE MATTER OF:
AMENDMENTS OF 35 ILL. ADM. CODE
703, 720, 721, 724, 725, 728, and 733
(STANDARDS FOR UNIVERSAL WASTE
MANAGEMENT)
)
)
)
)
)
)
R98-12
(Rulemaking - Land)
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On October 17, 1997, the Illinois Environmental Protection Agency (Agency),
pursuant to Sections 27 and 28 of the Environmental Protection Act (Act) (415 ILCS 5/27, 28
(1996)), filed a rulemaking proposal to amend the Board’s regulations concerning standards for
universal waste management (35 Ill. Adm. Code 733, Standards for Universal Waste
Management). Today, the Board sends this matter to second notice pursuant to the Illinois
Administrative Procedure Act (APA) (5 ILCS 100/5-5
et seq.
(1996)). In the sections that
follow, the Board will provide background for this rulemaking and a summary of the rule, as
well as discuss issues which have arisen since the first notice opinion and order, and the
Board’s resolution of those issues.
BACKGROUND
On May 11, 1995, the United States Environmental Protection Agency (USEPA)
adopted streamlined regulations for certain widely-generated wastes (the Universal Waste
Rule). See 40 C.F.R. 273; see also 60 Fed. Reg. 25493. Under these regulations, the
management of certain wastes was exempt from regulations as hazardous waste if managed
within specific limitations. The purpose of the Universal Waste Rule was to reduce the
amount of hazardous waste in the municipal solid waste stream, to encourage recycling and
proper disposal of common hazardous wastes, and to reduce the regulatory burden on
businesses that generate waste. As adopted, the Universal Waste Rule applied to batteries,
agricultural pesticides, and mercury-containing thermostats, but did not include mercury-
containing lamps, which left these items subject to the generally applicable hazardous waste
management rules.
On June 20, 1996, the Board adopted the Universal Waste Rule and codified it at 35
Ill. Adm. Code 733. See In the Matter of: RCRA Update, USEPA Regulations (1-1-95
through 6-30-95, 7-7-95, 9-29-95, 11-13-95 & 6-6-96) (June 20, 1996), R95-20. In the
Board’s opinion and order, the Board noted that “USEPA stated in adopting the [Universal
Waste Rules] that it intend[ed] to expand [the Universal Waste Rule’s] applicability to new
wastes in the future, such as fluorescent light bulbs.” Although USEPA is currently
2
considering the addition of fluorescent light bulbs to the Universal Waste Rule, it has not taken
such action, and final action by USEPA is not expected in the near future. Tr. at 7-8, 17-18.
1
On August 19, 1997, Governor Jim Edgar signed into law Public Act 90-502 (Pub.
Act. 90-502, eff. August 19, 1997 (amended 415 ILCS 5/22.23a (1996)). This legislation
specifically designated high intensity discharge lamps and fluorescent lamps as a category of
universal waste. It further required the Agency to propose implementing regulations to the
Board within 60 days after the effective date of the public act and for the Board to adopt such
implementing regulations within 180 days of receipt of the Agency’s proposal. Thus, the
Board must complete this rulemaking on or before April 15, 1998.
On October 17, 1997, the Agency filed a rulemaking proposal (Prop.) with the Board
to amend the Board’s regulations concerning standards for universal waste management (35 Ill.
Adm. Code 733, Standards for Universal Waste Management). Such proposal is the
regulatory proposal mandated by Public Act 90-502. Specifically, the Agency’s proposal
requested that the Board amend certain sections of Part 733 to designate mercury-containing
lamps, which are currently classified as hazardous waste, as universal waste.
Due to the stringent timeframe for final adoption, the Board on November 6, 1997,
adopted the Agency’s proposal for first notice under the APA without commenting on the
merits of the proposal. In the Matter of: Amendments of 35 Ill. Adm. Code 703, 720, 721,
724, 725, 728, and 733 (Standards for Universal Waste Management) (November 6, 1997),
R98-12. The Board did, however, make some non-substantive grammatical, typographical,
and mechanical changes to the proposal to conform the proposal to codification requirements.
The Board also removed certain sections of Part 733 from the proposal because the Agency did
not propose amendments to those sections. Further, the Board included several Board notes in
the rules to indicate that certain provisions were not federally-derived identical-in-substance
rules. Moreover, although the proposal only sought to amend certain sections of Part 733,
universal waste disposal is referenced in several other sections of the Board’s rules. The Board
therefore also proposed to amend 35 Ill. Adm. Code 703, 720, 721, 724, 725, and 728 to
conform to the amendments to Part 733. Publication of the proposed amendments for first
notice were published in the
Illinois Register
on November 21, 1997, at 47 Ill. Reg. 14725.
The Board held hearings in this matter on December 9, 1997, in Springfield, Illinois,
and on December 15, 1997, in Chicago, Illinois, before Board Hearing Officer Cynthia Ervin.
The purpose of those hearings was to allow the Agency and other interested persons the
opportunity to comment on the merits and economic impact of the proposal. In general, the
testimony presented at these hearings reflected that all parties are in favor of the proposed
rules, except for provisions in the proposed rules that prohibit handlers of universal waste
2
1
References to the hearing transcripts will be cited as “Tr.” References to exhibits will be
cited to by number as “Exh.” References to public comments will be cited to by number as
“PC.”
2
A “universal waste handler” is defined as a generator of universal waste, or the owner or
operator of a facility that receives universal waste from other universal waste handlers,
3
mercury-containing lamps from intentionally breaking or crushing these lamps. This issue is
more fully explained below.
Subsequent to the hearings, the Board received the following public comments:
PC 1
Dale S. Duffala, Senior Project Manager, Beling Consultants
PC 2
Leonard Worth, President, Fluorecycle, Inc. (Fluorecycle)
PC 3
Laurence C. Kelly, President, Spent Lamp Recycling Technologies, Inc.
(S.L.R.T)
PC 4
Agency
PC 5
Eugene H. Bernstein on behalf of Commonwealth Edison Company
(ComEd) and
Whitney Wagner Rosen on behalf of the Illinois
Environmental Regulatory Group (IERG)
PC 6
Illinois Steel Group (ISG)
PC 7
ComEd and IERG
PC 8
Beling Consultants
PC 9
S.L.R.T
PC 10
Fluorecycle, Inc.
3
The public comments generally paralleled the participants’ comments at hearing
concerning the issue of intentional breaking or crushing of mercury-containing lamps.
Additionally, the ISG in its public comment requested that the Board amend the proposal to
exempt from hazardous waste determinations
de minimis
amounts of certain types of wastes
generated by handlers of universal waste mercury-containing lamps. See PC 6. These issues
are more fully discussed below.
Based on the testimony presented at the hearings and the public comments received, the
Board finds that the proposal with the amendments discussed below is economically reasonable
and technically feasible. The Board also finds that the Agency has generally supported the
proposal, and the proposal warrants approval for second notice with certain amendments.
Accordingly, the Board will proceed with the proposal as published at first notice with the
amendments discussed below and as reflected in the attached order.
The Board has also considered whether Public Act 90-489, which became effective on
January 1, 1998, applies to this particular rulemaking.
4
The Board concludes that it does not.
accumulates universal waste, and sends universal waste to another universal waste handler, to a
destination facility, or to a foreign destination. See 35 Ill. Adm. Code 733.106.
3
The Board received PC 10 on January 26, 1998. The record in this proceeding, however,
closed on January 15, 1998. Because PC 10 was received after the comment period closed and
there was no opportunity for responses to the comment, the Board strikes PC 10 from the
record, and it will not be considered by the Board.
4
Public Act 90-489, which amended Section 27 of the Act, requires the Board to request that
the Department of Commerce and Community Affairs (DCCA) conduct an economic impact
study (EcIS) on certain proposed rules prior to adoption of those rules. If DCCA chooses to
conduct the EcIS, DCCA has 30 to 45 days after such request to conduct the EcIS.
4
The Board had proceeded to first notice and had completed the hearings in this rulemaking
prior to January 1, 1998, the effective date of Public Act 90-489. Moreover, the Board is
required to proceed to second notice today in order to meet the statutory deadline for the
adoption of final rules. Under these circumstances, the Board concludes that the EcIS
provisions do not apply to this rulemaking. Further, the Board cannot make substantive
changes to a proposed rule after proceeding to second notice except in response to specific
objections or suggestions made by the Joint Committee on Administrative Rules. See 5 ILCS
100/5-40 (1996). Therefore, the Board believes that requesting an EcIS now would serve no
practical purpose and would be contrary to the intent of Public Act 90-489.
THE BREAKING OR CRUSHING OF MERCURY-CONTAINING LAMPS
The Agency originally proposed in Sections 733.113(d)(5), 733.133(d)(5), and
733.151(c) that small and large quantity handlers of universal waste and transporters of
universal waste, respectively, be prohibited from intentionally breaking or crushing universal
waste mercury-containing lamps. See Prop. at 4. The Agency indicated that it chose this
position as being the most protective of public health and the environment. PC 4 at 1. The
Agency supported its position by relying on a USEPA document entitled “Mercury Emissions
From the Disposal of Fluorescent Lamps” (see Exh. 3), which indicates that information
regarding drum-top crushing technology is unclear. Exh. 3 at 2-17 through 2-18.
The USEPA report also explains that mercury is contained in two forms in mercury-
containing lamps, in the elemental, vapor phase, and in the solid, divalent phosphor powder
form, with the majority of the mercury in the solid state. Exh. 3 at 2-3. When a bulb is
crushed, most of the immediate threat of emissions comes from the mercury in the vapor phase
which may escape to the atmosphere when the containment of the bulb is broken. The
mercury in the powder form may also be released if handled improperly. Therefore, the
Agency asserts that lamp crushing, if performed, must address the problems of containment of
mercury emissions in both solid and vapor forms. Further, the crushing machinery must be
operated and maintained properly. As noted in the report, drum top crushing in a poorly
maintained machine can propel solid, phosphor form mercury into the air, as well as releasing
the vapor state mercury, thus causing greater emissions than in management which results in
100% breakage of the lamps, with no containment of the vapor state mercury. PC 4 at 2.
Although the Agency maintains that its original position regarding the prohibition
against crushing or breaking lamps by handlers is sound, the Agency asserts that if crushing is
performed, it must be done with adequate safeguards to eliminate the threat of mercury
emissions. Therefore, the Agency has proposed that the following language be inserted at
Sections 733.113(d)(5) and 733.133(d)(5) if handlers are allowed to intentionally crush or
break universal waste mercury-containing lamps:
[Small quantity handlers, Large quantity handlers] of mercury containing
universal waste lamps may treat mercury containing lamps for volume reduction
at the site where they were generated under the following conditions:
5
a) The lamps are crushed in a closed system designed and operated to
achieve 90% or better control efficiency of any vapor phase mercury and
100% control efficiency of any solid phase mercury;
b) The handler must provide notification of crushing activity to the Agency,
in a form as provided by the Agency, of the estimated monthly amount
of lamps crushed, the technology employed in the crushing including
data verifying that the crushing device achieves the emission controls
required in (a), above, and information as to the identify of the handler;
c) The handler immediately transfers any material recovered from a spill or
leak to a container that meets the requirements of 40 CFR 262.34, and
has available equipment necessary to comply with this requirement;
d) The handler ensures that the area in which the lamps are crushed is well-
ventilated and monitored to ensure compliance with applicable OSHA
exposure levels for mercury;
e) The handler ensures that employees crushing lamps are thoroughly
familiar with proper waste mercury handling and emergency procedures,
including transfer of mercury from containment devices to appropriate
containers; and
f) The crushed lamps are stored in closed, non-leaking containers that are
in good conditions (e.g. no severe rusting, apparent structural defects or
deterioration), suitable to prevent releases during storage, handling and
transportation. PC 4 at 3.
The Agency states that the 90% emission control standard is based on the high estimate
for current technology contained in the USEPA’s mercury emissions report (Exh. 3). The
Agency also maintains that the proposed standard sets a goal for technology to meet or exceed
and also ensures that adequate safeguards are in place. PC 4 at 2-3.
A number of other participants addressed the issue of intentional crushing of universal
waste mercury-containing lamps at hearing and in public comments. For instance, Fluorecycle
supports the prohibition on allowing handlers to intentionally crush or break lamps. PC 2 at 1-
2. However, several of the other participants, including ComEd, IERG, Beling Consultants,
S.L.R.T, and the ISG, are opposed to the prohibition. These same participants also oppose
the language offered by the Agency if crushing or breaking is allowed. Generally, these
participants believe that the prohibition, along with the Agency’s suggested language change,
effectively prohibit the development and implementation of technologies that will allow for the
recycling of spent fluorescent and other high-intensity discharge lamps. See PC 1 at 1. The
following is a summary of the participants’ positions concerning intentional crushing of spent
lamps.
Fluorecycle, Inc.
6
Fluorecycle supports the prohibition on allowing handlers to intentionally crush or
break lamps. PC 2 at 1-2. In 1998, Fluorecycle intends to construct the first fluorescent and
high intensity discharge lamp recycling facility in Lakemoor, Illinois. Fluorecycle has
received siting approval for the facility from the Village of Lakemoor and is currently
preparing a Resource Conservation and Recovery Act (RCRA) Part A and Part B permit
application. PC 2 at 1. The facility will use equipment to crush the lamps, separate the
phosphor powder from the glass and metal components, and reclaim liquid mercury through a
distillation (retort) process. These activities will be conducted in a single building. The
processing, including lamp crushing, will be conducted in enclosed equipment maintained
under negative air pressure to capture any fugitive mercury vapor or mercury-containing
phosphor dust. PC 2 at 1.
Fluorecycle specifically supports the prohibition on crushing or breaking for several
reasons. First, Fluorecycle asserts that the Agency and the USEPA intend for recycling
facilities to be terminal or destination facilities that will produce a re-usable product.
Fluorecycle believes, however, that a facility that simply crushes the lamps has rendered the
lamps into a reduced volume only and made the mercury more readily available for release
into the environment. PC 2 at 2. Moreover, Fluorecycle maintains that crushing should be
an integral part of a continuous recycling process. Otherwise, Fluorecycle contends that
nearly any form of hazardous waste treatment could be considered an interim step in a
reclamation process. PC 2 at 2.
Additionally, Fluorecycle supports the prohibition because it believes that it is
necessary to process lamps from crushing to mercury reclamation as a single process to ensure
the efficiency of the recovery operation. Fluorecycle states that the most notable pitfall in
separating the processes is the introduction of moisture into the phosphor powder or powder-
glass metal mixture which prevents separation. Systems that separate the phosphor powder
from the other materials prior to distillation have a nearly zero tolerance for moisture. PC 2 at
2. Fluorecycle is, however, not aware of any facilities that do not separate the components
before distallation of the phosphor powder, which essentially contains the reclaimable
mercury. PC 2 at 2.
ComEd and IERG
During the hearing held in Chicago, ComEd and IERG presented proposed language to
amend Sections 733.113(d), 733.133(d), and 733.151(c) that would allow handlers and
transporters to crush or break universal waste mercury-containing lamps:
2)
A large quantity handler of universal waste lamps must at all times
manage waste lamps in a way that minimizes unintentional lamp
breakage.
5)
Universal waste mercury containing lamps shall not be intentionally
broken or crushed. Universal waste lamps may be intentionally broken
or crushed to reduce storage volume. Such breaking, crushing,
handling, or storage must be conducted in equipment specifically
7
designed and operated to minimize the release of mercury to the
workplace or environment and must ensure compliance with applicable
OSHA exposure levels for mercury. Exh. 9 at 5-6.
The ComEd/IERG proposal was presented in the testimony of Jennifer Cawein, an
environmental engineer in the Corporate Services Department at ComEd. Exh. 9 at 6-7; Tr. at
73. Ms. Cawein explained that a blanket prohibition against crushing would preclude the
introduction in Illinois of improvements in lamp recycling technology. Tr. at 66-67. Ms.
Cawein also testified that the blanket prohibition on crushing activities would unnecessarily
inflate the cost of recycling and place Illinois businesses that wish to recycle at a disadvantage
relative to counterparts in other states. Tr. at 67. Further, Ms. Cawein stated that crushing
was not widely utilized in Illinois. For example, ComEd crushes fewer than one percent of its
generated lamps. Ms. Cawein explained, however, that the development of new and improved
crushers were expected to drive down the cost of recycling and mercury recovery. Cost
reduction, Ms. Cawein believed, would be the primary factor in capturing more lamps for
mercury recovery. Tr. at 67.
Additionally, Ms. Cawein testified that an attribute of the ComEd/IERG proposal was
its relative simplicity and flexibility. She explained that the proposed language allows
crushing activities that are conducted in a manner that is both protective of workers and the
environment, without imposing an inflexible standard that could preclude innovation and
progress in an industry that is likely to experience significant changes in the future. Tr. at 73-
74; see also PC 5 at 4.
In post-hearing comments, ComEd and IERG also expressed several reasons why they
are opposed to the Agency’s suggested language that allows the intentional crushing of lamps.
ComEd and IERG assert that the Agency’s approach “is so prescriptive and unrealistic that if
adopted it would likely function as a bar to generator crushing.” PC 7 at 3. First, ComEd
and IERG contend that the 90% control of vapor phase mercury standard is based on estimates
of control efficiency contained in the USEPA document, not actual control efficiency values.
ComEd and IERG therefore assert that the Agency has transformed a simple estimate of a
range of control efficiencies into a standard and converted the top end of the range to a
standard. PC 7 at 4. Moreover, ComEd and IERG point out that the Agency does not provide
information concerning any equipment that has been demonstrated to actually achieve the
Agency’s proposed level of control. PC 7 at 4.
Further, ComEd and IERG state that they have surveyed numerous lamp recyclers and
manufacturers of recycling or crushing equipment and were unable to locate one who was able
to provide an efficiency of capture value for their crushing equipment. In fact, ComEd and
IERG assert that they were told repeatedly that such a number would be extremely difficult, if
not impossible, to obtain “due to the inherent variability in the mercury content of used
lamps.” PC 7 at 4. ComEd and IERG also assert that:
the starting mercury vapor content (influent) must be known before the percent
reduction efficiency associated with the emission (effluent) can be determined,
Lamps vary widely in mercury content not only with age and manufacturer, but
8
even with a single batch of manufactured lamps, and exact mercury vapor
content cannot be known until the lamp is actually broken. For this reason,
lamp manufacturers do not claim achievement of any particular percentage of
emission reduction with their equipment. PC 7 at 4.
ComEd and IERG also contend that the Agency’s proposed language is flawed in two
other respects. First, they assert that the requirements concerning the monitoring of mercury
emissions and notifying the Agency of the details of crushing activities are overly burdensome
for generators for whom handling of used lamps is ancillary to their main business. Moreover,
ComEd and IERG maintain that the requirement for verifying that the crushing device achieves
the emission control required would be impossible if the standard was the control efficiency
sought by the Agency. PC 7 at 4.
In contrast, ComEd and IERG state that the Occupational Safety and Health
Administration (OSHA) standards contained within their proposal address the actual
measurable and quantifiable emissions of mercury from crushing units. They further maintain
that it is with regard to actual emissions that manufacturers provide specifications to
demonstrate protectiveness of their equipment. PC 7 at 4. For these reasons, ComEd and
IERG urge the Board to adopt their proposal that utilizes the OSHA standards.
Beling Consultants and S.L.R.T
Beling Consultants and S.L.R.T are also opposed to the prohibition on crushing by
handlers and the language offered by the Agency if crushing is allowed. S.L.R.T has
developed a mobile mercury vapor extraction unit. Tr. at 117. The S.L.R.T. system is a
mobile, truck-mounted system that contains a crushing unit, material recovery areas, and an
activated carbon filtration system to remove mercury vapor from the airstream and prevent its
emission into the atmosphere. PC 3 at 3; Tr. at 117-118.
Beling Consultants were retained by S.L.R.T to provide professional consulting
services regarding the development and implementation of a process to recycle spent
fluorescent and other high-intensity discharge lamps. PC at 1. Beling Consultants have
supervised the mercury monitoring of the S.L.R.T process and reviewed the resultant data.
Based on this review, Beling Consultants testified that mercury emissions to the atmosphere
have been reduced to below detection limits through the use of the two-stage carbon filtration
system. PC 3 at 3-4; see also Tr. at 118. Additionally, Beling Consultants testified that
workers have not been exposed to measurable concentrations of mercury within the cavity of
the truck that houses the S.L.R.T. process. PC 1 at 1. As a result, Beling Consultants and
S.L.R.T. believe that the proposed rules would not allow for the development and
implementation of recycling technologies such as the S.L.R.T. process in Illinois. PC 1 at 2;
PC 3 at 1.
Beling Consultants and S.L.R.T. agree that drum-top crushing emits significant
concentrations of mercury into the atmosphere and contribute to the general degradation of air
quality. Accordingly, they agree with the Agency that drum-top crushing should be eliminated
from use. PC 1 at 2. S.L.R.T. also asserts that a prohibition on crushing activities by
9
handlers will have a detrimental economic effect on Illinois businesses that currently recycle
spent lamps in Illinois. S.L.R.T. believes that the lack of additional recycling technologies
and options will cause recycling costs to remain higher than they would be with the
development and implementation of competing technologies, such as the S.L.R.T. process.
PC 3 at 1. Currently, the only available option to Illinois businesses that recycle spent lamps
is to send them out of state to a recycling facility. PC 3 at 2.
S.L.R.T. also favors using OSHA standards, as contained in the ComEd/IERG
proposal, regarding occupational exposure to mercury vapors and Clean Air Act (CAA)
National Emission Standards for Hazardous Air Pollutants (NESHAPs) governing the emission
of mercury into the atmosphere from battery manufacturing plants and sewage treatment plants
as standards for spent lamp recycling. PC 3 at 2-3; Tr. at 136. S.L.R.T. and Beling
Consultants favor these standards because they are numeric, rather than performance based.
S.L.R.T. believes that it is impractical to establish percentage reduction standards associated
with the reduction or elimination of mercury vapor emissions to the atmosphere and apply
them to technologies such as the S.L.R.T. system. PC 3 at 3. Further, S.L.R.T. contends
that numeric standards are more appropriate and are simpler for the Agency to implement,
monitor, and enforce. See PC 3 at 3; see also PC 8; PC 9 at 1. S.L.R.T. also maintains that
the performance of a system can be directly measured and compared to such standards, and
violations of the standards will become immediately apparent, especially when using
continuous, real-time air monitoring equipment.
The Illinois Steel Group (ISG)
The ISG supports the comments of ComEd and IERG which propose allowing crushing
of used lamps provided the crushing is done in a manner which is protective of workers and
the environment. See PC 6 at 1.
Discussion
Based on the evidence presented, the Board concludes that barring the intentional
crushing or breaking of universal waste mercury-containing lamps when done in a manner that
is protective of workers and the environment is not supported by the record. The Board finds
that barring crushing of universal waste mercury-containing lamps under conditions that are
protective of workers and the environment would unnecessarily limit the introduction in
Illinois of emerging technologies that promise more economic recycling in the future.
Moreover, although considered hazardous waste, a large number of spent mercury-containing
lamps are disposed of in municipal landfills. The Board therefore concludes that allowing the
crushing of lamps under certain circumstances will encourage recycling and thus reduce the
amount of mercury in landfills. Accordingly, the Board finds that a prohibition on crushing of
spent lamps is not warranted under the record. The Board therefore proposes to amend
Sections 733.113(d)(5), 733.133(d)(5), and 733.151(c) to allow for the crushing of universal
waste mercury-containing lamps.
The more difficult issue for the Board to resolve is the language needed to allow
crushing activities to occur, while at the same time encouraging recycling and ensuring that
10
adequate safeguards are in place to protect human health and the environment. Although the
performance standard proposed by the Agency based on a 90% reduction of vapor phase
mercury appears to be reasonable for emission control equipment in general, the participants
have raised valid concerns regarding the implementation of such a standard. In most cases
where such performance standards are employed, an operator would be in a position to
measure the amount of a particular substance going in and coming out of an emission control
device in order to determine the percent reduction. However, the information contained in the
record indicates that it would be extremely difficult to make such measurements in lamp
crushing systems due to the variability in mercury vapor content in used lamps. Moreover,
other than a reference to the USEPA report, the Agency has not provided any information
from manufacturers, recyclers, or other sources to show that the proposed standard could be
achieved in practice.
On the other hand, the ComEd/IERG proposal also contains some deficiencies that
makes adoption of this proposal equally problematic. The ComEd/IERG proposal does not
provide clear guidelines to implement, monitor, and enforce emission control requirements.
The ComEd/IERG proposal requires crushing to be conducted in equipment that is “designed
and operated to minimize the release of mercury to the workplace or environment and must
ensure compliance with applicable OSHA exposure levels for mercury.” Exh. 9 at 5-6. Since
the proposal does not specify any numeric limitations, it does not provide assurance to a
regulated entity as to whether or not it is in compliance. At the same time, the proposal does
not offer clear guidelines to the Agency for compliance evaluation of crushing units.
Moreover, although the ComEd/IERG proposal requires a handler to ensure compliance
with the applicable OSHA standards, compliance with such standards may not afford adequate
protection to human health and environment. In this regard, the Agency correctly notes that
the OSHA standards were adopted to protect workers from exposure to certain contaminants,
but not necessarily to protect the environment and public health. PC 4 at 5. The OSHA
standards cited in the ComEd/IERG proposal are set forth at 29 CFR 1910.1000. OSHA
regulations specify standards for both elemental mercury and organo (alkyl) mercury. In the
present context, the standard for elemental mercury is of interest since the issue concerns
emissions of mercury vapor. The following exposure limitations for mercury are specified in
Section 1910.1000, Table Z-2:
acceptable ceiling concentration (ACC)
5
: 0.1 mg/m
3
However, OSHA has issued a memorandum dated September 3, 1996, which the Board has
entered into the record as PC 11, that states that Section 1910.1000, Table Z-2, incorrectly
lists the mercury exposure limit as a ceiling value of 0.1 mg/m
3
, rather than as an 8-hour time
5
Section 1910.1000(b)(2) defines ACC as follows: “An employee’s exposure to a substance
listed in Table Z-2 shall not exceed at any time during an 8-hour shift the [ACC] limit given
for the substance in the table, except for a time period, and up to a concentration not
exceeding the maximum duration and concentration allowed in column under 'acceptable
maximum peak above the [ACC] for an 8-hour shift.’” In the case of mercury, the regulations
under Table Z-2 do not specify an acceptable maximum peak above the ACC.
11
weighted average (TWA).
6
Further, the OSHA memorandum notes that this error has not been
corrected in Section 1910.1000, Table Z-2.
Further, OSHA regulations at Section 1910.1000(e) set forth that compliance with the
limits in Table Z-2 must be based on administrative or engineering controls whenever feasible.
When such controls are not feasible to achieve full compliance, protective equipment or any
other protective measures may be used to keep the exposure of employees to air contaminants
within the specified limits. Consequently, it appears that it is possible to comply with the
OSHA standards by using protective gear for workers without reducing the emission levels
from a crushing unit, when it is not feasible to implement control technology. Therefore,
merely requiring compliance with the applicable OSHA regulations may not achieve the
proposed intent of reducing mercury emissions from used lamp crushing systems. In light of
this, the Board believes that the regulations should specify the OSHA mercury exposure limit
as an emission standard that must be met by the used lamp crushing systems.
Based on the evidence in the record, the Board proposes to modify the Agency’s
proposed language to allow crushing of spent mercury-containing lamps to specify that the
mercury exposure limits contained in 29 CFR 1910.1000, Table Z-2, measured as an 8-hour
TWA, are the emission standards for crushing units, rather than the 90% reduction
performance based standard currently found in the Agency’s proposed language. Such a
modification is supported by the record. In comments, both S.L.R.T. and Beling Consultants
suggested that the Board adopt the OSHA exposure limit as the emission standard for crushing
units. Additionally, the testing data for crushing units submitted by ComEd and IERG
indicates that manufacturers measure the emission control efficiency of the units in terms of
the OSHA limits. In light of this, the Board finds that it is appropriate to specify that the
mercury exposure limits contained in 29 CFR 1910.1000, Table Z-2, are the emission
standards for crushing units.
With regard to the other aspects of the Agency’s proposed language that allows
crushing, the Board generally finds that these provisions are appropriate and not unduly
burdensome. Moreover, the Board finds that these provisions are necessary in order for the
Agency to enforce the regulations. Nevertheless, the Board does conclude that the requirement
that the handler or transporter verify that the crushing device achieves the emission control
standards is overly burdensome and that such information is more aptly obtained from the
manufacturer. The Board therefore has modified the notification requirements to require that
handlers provide the Agency with information concerning the estimated monthly amount of
lamps crushed and the technology employed, including any certification or testing data
provided by the manufacturer verifying that the crushing device achieves the emission control
standards outlined in the regulations. The Board has also clarified that the notification to the
Agency should be done on a quarterly basis.
6
Section 1910.1000(b)(1) defines 8-hour TWA limit as follows: “An employee’s exposure to
any substance listed in Table Z-2, in any 8-hour work shift of a 40-hour work week, shall not
exceed the 8-hour time weighted average limit given for that substance in Table Z-2.”
12
EXEMPTION FOR
DE MINIMIS
AMOUNTS OF UNIVERSAL
WASTE FROM HAZARDOUS WASTE TESTING REQUIREMENTS
The ISG suggests that provisions be made in the rule for
de minimis
amounts of broken
lamps. PC 6 at 2. The proposed rule now would require that any amount of residue from
breakage be subjected to a hazardous waste determination and managed as a hazardous waste if
it exhibits a hazardous waste characteristic. See Sections 733.113(d)(4) and 733.133(d)(4).
The ISG contends that such a requirement would result in substantial waste handling expense
for a very small environmental benefit. Moreover, the ISG asserts that the more times the
bulbs are handled, the potential for breakage increases. Therefore, the ISG proposes that up to
1% broken used lamps in any off-site shipment to a universal waste handler or destination
facility be considered
de minimis
for purposes of this
rulemaking. Accordingly, the ISG
suggests that the following language change be made in Section 733.113(d)(4)(A) and Section
733.133(d)(4)(A):
In the event that a small quantity handler of universal waste mercury-containing
lamps has generated non-de minimis quantities of the following waste, the small
quantity handler shall determine whether those wastes the following exhibit a
characteristic of hazardous waste identified in 35 Ill. Adm. Code 721.subpart C:
Further, ISG recommends that the following definition be added to proposed 35 Ill.
Adm. Code 733.106:
“De minimis quantity” means, for purposes of 35 Ill. Adm. Code
733.13(d)(4)(A) and 733.133(d)(4)(A), no more than 1%, by weight, of any on-
site storage container or shipment of universal waste mercury-containing lamps
to an off-site universal waste handler, a destination facility, or foreign
destination.
The ISG maintains that
de minimis
amounts of broken lamps in shipments to universal
waste handlers or destination facilities will not harm human health or the environment. The
ISG further believes that a more “user friendly” regulation will encourage recycling of the
used lamps rather than disposal in hazardous waste landfills. PC 6 at 3. It therefore urges the
Board to include the above language in the rules.
The Board declines to make the changes suggested by the ISG. In this regard, the
Board notes that the ISG has not provided adequate justification in support of the proposed
amendments. The ISG suggests that a provision be made in the rule for
de
minimis
amounts
of broken lamps. However, the proposed language changes apply to waste streams other than
just clean-up residues from lamp breakage,
i.e.
materials resulting from a release, cleanup
residues from spills, and breakage and other solid waste generated as a result of handling waste
lamps. Moreover, since the proposed definition of
de minimis
is based on 1% of the weight of
onsite storage containers or a shipment of universal waste, depending on the weight of the
container or the size of the shipment, the
de minimis
amount may constitute a significant
amount of waste. In light of this, the Board disagrees with the ISG’s contention that the
proposed hazardous waste determination requirement may negatively impact the environment.
13
SUMMARY OF THE PROPOSED RULE
The amendments to 35 Ill. Adm. Code 703, 720, 721, 724, 725, and 728 were made
simply to conform to the amendments in Part 733. Therefore, the summary of the rule will
concentrate on amendments to Part 733. In Subpart A of Part 733, mercury-containing lamps
were added to Section 733.101 in order for mercury-containing lamps to be managed as
universal waste. New definitions of electric lamp and mercury-containing lamps were added
to Section 733.106. In the same section, mercury-containing lamps were added to the
definition of large quantity handler of universal waste, small quantity handler of universal
waste, and universal waste. Finally, a new section 733.107 was proposed regarding the
applicability of the provisions. Specifically, the new provisions provide that used mercury-
containing lamps become waste on the date that the handler permanently removes it from its
fixture, and an unused mercury-containing lamp becomes waste on the date that the handler
decides to discard it. New provisions have also been added to Sections 733.113(d)(5),
733.133(d)(5), and 733.151 to allow for the crushing of mercury-containing lamps for volume
reduction under certain circumstances.
In Sections 733.113(d) and 733.133(d), small and large quantity handlers of universal
waste mercury-containing lamps, respectively, are required to manage the waste in a manner
so as to prevent releases of the wastes to the environment. Section 733.114(e) sets forth
labeling requirements for universal waste mercury-containing lamps. In Sections 733.139 and
Section 733.162, mercury-containing lamps were added to the tracking section.
TECHNICAL FEASIBILITY
The Board does not believe that there are any issues regarding technical feasibility
which would arise as a result of the proposed regulation. The proposal would not impose any
burden on the regulated community to install equipment or to develop new technology.
Rather, the proposal would merely require an alternate system of managing spent mercury-
containing lamps. The Board therefore finds that the proposed rules are technically feasible.
ECONOMIC REASONABLENESS
One of the goals of Public Act 90-502 was to streamline the waste management
practices of generators of used mercury-containing lamps. This would be accomplished by
reducing administrative requirements of complying with the RCRA. Thus, the typical
generator of universal waste mercury-containing lamps should be able to realize an economic
benefit from reduced administrative burdens. This is because the manifesting, record keeping,
and other requirements of RCRA are eliminated or lessened for universal wastes, as compared
with other RCRA hazardous wastes. PC 4 at 7. Such regulations will help generators of used
lamps that are subject to RCRA requirements to reduce their costs of handling those lamps and
promote recycling of them. Accordingly, the proposed regulations will reduce the costs of
14
compliance with the regulations. PC 4 at 6. Based on the evidence presented, the Board finds
that the proposed rules are economically reasonable.
CONCLUSION
The Board finds that the proposal is economically reasonable and technically feasible.
The Board also finds that the Agency has generally supported the proposal, and the proposal
warrants approval for second notice with the changes noted. The Board will proceed with the
proposal as published at first notice with the amendments discussed above and as reflected in
the attached order.
ORDER
The Board directs the Clerk to cause the filing of the following proposal for second
notice with the Joint Committee on Administrative Rules:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER b: PERMITS
PART 703
RCRA PERMIT PROGRAM
SUBPART A: GENERAL PROVISIONS
Section
703.100
Scope and Relation to Other Parts
703.101
Purpose
703.110
References
SUBPART B: PROHIBITIONS
Section
703.120
Prohibitions in General
703.121
RCRA Permits
703.122
Specific Inclusions in Permit Program
703.123
Specific Exclusions from Permit Program
703.124
Discharges of Hazardous Waste
703.125
Reapplications
703.126
Initial Applications
703.127
Federal Permits (Repealed)
SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS
Section
703.140
Purpose and Scope
703.141
Permits by Rule
15
703.150
Application by Existing HWM Facilities and Interim Status Qualifications
703.151
Application by New HWM Facilities
703.152
Amended Part A Application
703.153
Qualifying for Interim Status
703.154
Prohibitions During Interim Status
703.155
Changes During Interim Status
703.156
Interim Status Standards
703.157
Grounds for Termination of Interim Status
703.158
Permits for Less Than an Entire Facility
703.159
Closure by Removal
703.160
Procedures for Closure Determination
SUBPART D: APPLICATIONS
Section
703.180
Applications in General
703.181
Contents of Part A
703.182
Contents of Part B
703.183
General Information
703.184
Facility Location Information
703.185
Groundwater Protection Information
703.186
Exposure Information
703.187
Solid Waste Management Units
703.188
Other Information
703.200
Specific Part B Application Information
703.201
Containers
703.202
Tank Systems
703.203
Surface Impoundments
703.204
Waste Piles
703.205
Incinerators that Burn Hazardous Waste
703.206
Land Treatment
703.207
Landfills
703.208
Boilers and Industrial Furnaces Burning Hazardous Waste
703.209
Miscellaneous Units
703.210
Process Vents
703.211
Equipment
703.212
Drip Pads
703.213
Air Emission Controls for Tanks, Surface Impoundments, and Containers
SUBPART E: SHORT TERM AND PHASED PERMITS
Section
703.221
Emergency Permits
703.222
Incinerator Conditions Prior to Trial Burn
703.223
Incinerator Conditions During Trial Burn
703.224
Incinerator Conditions After Trial Burn
703.225
Trial Burns for Existing Incinerators
16
703.230
Land Treatment Demonstration
703.231
Research, Development and Demonstration Permits
703.232
Permits for Boilers and Industrial Furnaces Burning Hazardous Waste
SUBPART F: PERMIT CONDITIONS OR DENIAL
Section
703.240
Permit Denial
703.241
Establishing Permit Conditions
703.242
Noncompliance Pursuant to Emergency Permit
703.243
Monitoring
703.244
Notice of Planned Changes (Repealed)
703.245
Twenty-four Hour Reporting
703.246
Reporting Requirements
703.247
Anticipated Noncompliance
SUBPART G: CHANGES TO PERMITS
Section
703.260
Transfer
703.270
Modification
703.271
Causes for Modification
703.272
Causes for Modification or Reissuance
703.273
Facility Siting
703.280
Permit Modification at the Request of the Permittee
703.281
Class 1 Modifications
703.282
Class 2 Modifications
703.283
Class 3 Modifications
703.Appendix A
Classification of Permit Modifications
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14289, effective October 12, 1983;
amended in R83-24 at 8 Ill. Reg. 206, effective December 27, 1983; amended in R84-9 at 9
Ill. Reg. 11899, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1110, effective
January 2, 1986; amended in R85-23 at 10 Ill. Reg. 13284, effective July 28, 1986; amended
in R86-1 at 10 Ill. Reg. 14093, effective August 12, 1986; amended in R86-19 at 10 Ill. Reg.
20702, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg. 6121, effective March
24, 1987; amended in R86-46 at 11 Ill. Reg. 13543, effective August 4, 1987; amended in
R87-5 at 11 Ill. Reg. 19383, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg.
2584, effective January 15, 1988; amended in R87-39 at 12 Ill. Reg. 13069, effective July 29,
1988; amended in R88-16 at 13 Ill. Reg. 447, effective December 27, 1988; amended in R89-
1 at 13 Ill. Reg. 18477, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6278,
effective April 16, 1990; amended in R90-2 at 14 Ill. Reg. 14492, effective August 22, 1990;
amended in R90-11 at 15 Ill. Reg. 9616, effective June 17, 1991; amended in R91-1 at 15 Ill.
17
Reg. 14554, effective September 30, 1991; amended in R91-13 at 16 Ill Reg. 9767, effective
June 9, 1992; amended in R92-10 at 17 Ill. Reg. 5774, effective March 26, 1993; amended in
R93-4 at 17 Ill. Reg. 20794, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg.
6898, effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12392, effective July 29,
1994; amended in R94-5 at 18 Ill. Reg. 18316, effective December 20, 1994; amended in
R95-6 at 19 Ill. Reg. 9920, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11225,
effective August 1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 553, effective
December 16, 1997; amended in R98-12 at 22 Ill. Reg. ________, effective
______________________.
SUBPART B: PROHIBITIONS
Section 703.123
Specific Exclusions from Permit Program
The following persons are among those who are not required to obtain a RCRA permit:
a)
Generators who accumulate hazardous waste on-site for less than the time
periods provided in 35 Ill. Adm. Code 722.134;
b)
Farmers who dispose of hazardous waste pesticides from their own use as
provided in 35 Ill. Adm. Code 722.170;
c)
Persons who own or operate facilities solely for the treatment, storage or
disposal of hazardous waste excluded from regulations under this Part by 35 Ill.
Adm. Code 721.104 or 721.105 (small generator exemption);
d)
Owners or operators of totally enclosed treatment facilities as defined in 35 Ill.
Adm. Code 720.110;
e)
Owners and operators of elementary neutralization units or wastewater treatment
units as defined in 35 Ill. Adm. Code 720.110;
f)
Transporters storing manifested shipments of hazardous waste in containers
meeting the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for
a period of ten days or less;
g)
Persons adding absorbent material to waste in a container (as defined in 35 Ill.
Adm. Code 720.110) and persons adding waste to absorbent material in a
container, provided that these actions occur at the time waste is first placed in
the container; and 35 Ill. Adm. Code 724.117(b), 724.271 and 724.272 are
complied with; and
18
h)
A universal waste handler or universal waste transporter (as defined in 35 Ill.
Adm. Code 720.110) that manages the wastes listed below. Such a handler or
transporter is subject to regulation under 35 Ill. Adm. Code 733.
1)
Batteries, as described in 35 Ill. Adm. Code 733.102;
2)
Pesticides, as described in 35 Ill. Adm. Code 733.103; and
3)
Thermostats, as described in 35 Ill. Adm. Code 733.104; and.
4)
Mercury-containing lamps, as described in 35 Ill. Adm. Code 733.107.
BOARD NOTE: Derived from 40 CFR 270.1(c)(2) (19946), as
amended at 60 Fed. Reg. 25542, May 11, 1995. Subsection (h)(4) of
this Section was added pursuant to Section 22.23a of the Act [415 ILCS
5/22.23a] (see P.A. 90-502, effective August 19, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART A: GENERAL PROVISIONS
Section
720.101
Purpose, Scope and Applicability
720.102
Availability of Information; Confidentiality of Information
720.103
Use of Number and Gender
SUBPART B: DEFINITIONS
Section
720.110
Definitions
720.111
References
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
Section
720.120
Rulemaking
720.121
Alternative Equivalent Testing Methods
720.122
Waste Delisting
720.123
Petitions for Regulation as Universal Waste
19
720.130
Procedures for Solid Waste Determinations
720.131
Solid Waste Determinations
720.132
Boiler Determinations
720.133
Procedures for Determinations
720.140
Additional regulation of certain hazardous waste Recycling Activities on a case-
by-case Basis
720.141
Procedures for case-by-case regulation of hazardous waste Recycling Activities
720.Appendix A
Overview of 40 CFR, Subtitle C Regulations
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;
amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;
amended in R82-19 at 7 Ill. Reg. 14015, effective October 12, 1983; amended in R84-9, 53
PCB 131 at 9 Ill. Reg. 11819, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 968,
effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 13998, effective August 12, 1986;
amended in R86-19 at 10 Ill. Reg. 20630, effective December 2, 1986; amended in R86-28 at
11 Ill. Reg. 6017, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13435,
effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19280, effective November 12,
1987; amended in R87-26 at 12 Ill. Reg. 2450, effective January 15, 1988; amended in R87-
39 at 12 Ill. Reg. 12999, effective July 29, 1988; amended in R88-16 at 13 Ill. Reg. 362,
effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18278, effective November
13, 1989; amended in R89-2 at 14 Ill. Reg. 3075, effective February 20, 1990; amended in
R89-9 at 14 Ill. Reg. 6225, effective April 16, 1990; amended in R90-10 at 14 Ill. Reg.
16450, effective September 25, 1990; amended in R90-17 at 15 Ill. Reg. 7934, effective May
9, 1991; amended in R90-11 at 15 Ill. Reg. 9323, effective June 17, 1991; amended in R91-1
at 15 Ill. Reg. 14446, effective September 30, 1991; amended in R91-13 at 16 Ill. Reg. 9489,
effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17636, effective November 6, 1992;
amended in R92-10 at 17 Ill. Reg. 5625, effective March 26, 1993; amended in R93-4 at 17
Ill. Reg. 20545, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6720,
effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12160, effective July 29, 1994;
amended in R94-17 at 18 Ill. Reg. 17480, effective November 23, 1994; amended in R95-6 at
19 Ill. Reg. 9508, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10929, August
1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 256, effective December 16, 1997;
amended in R98-12 at 22 Ill. Reg. ________, effective ______________________.
SUBPART B: DEFINITIONS
Section 720.110
Definitions
When used in 35 Ill. Adm. Code 720 through 726 and 728 only, the following terms have the
meanings given below:
20
“Aboveground tank” means a device meeting the definition of “tank” that is
situated in such a way that the entire surface area of the tank is completely
above the plane of the adjacent surrounding surface and the entire surface area
of the tank (including the tank bottom) is able to be visually inspected.
“Act” or “RCRA” means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
6901 et seq.)
“Active life” of a facility means the period from the initial receipt of hazardous
waste at the facility until the Agency receives certification of final closure.
“Active portion” means that portion of a facility where treatment, storage or
disposal operations are being or have been conducted after May 19, 1980, and
which is not a closed portion. (See also “closed portion” and “inactive
portion”.)
“Administrator” means the Administrator of the U.S. Environmental Protection
Agency or the Administrator’s designee.
“Agency” means the Illinois Environmental Protection Agency.
“Ancillary equipment” means any device including, but not limited to, such
devices as piping, fittings, flanges, valves and pumps, that is used to distribute,
meter or control the flow of hazardous waste from its point of generation to
storage or treatment tank(s), between hazardous waste storage and treatment
tanks to a point of disposal onsite, or to a point of shipment for disposal off-
site.
“Aquifer” means a geologic formation, group of formations or part of a
formation capable of yielding a significant amount of groundwater to wells or
springs.
“Authorized representative” means the person responsible for the overall
operation of a facility or an operational unit (i.e., part of a facility), e.g., the
plant manager, superintendent or person of equivalent responsibility.
“Battery” means a device consisting of one or more electrically connected
electrochemical cells that is designed to receive, store, and deliver electric
energy. An electrochemical cell is a system consisting of an anode, cathode,
and an electrolyte, plus such connections (electrical and mechanical) as may be
needed to allow the cell to deliver or receive electrical energy. The term battery
also includes an intact, unbroken battery from which the electrolyte has been
removed.
21
“Board” means the Illinois Pollution Control Board.
“Boiler” means an enclosed device using controlled flame combustion and
having the following characteristics:
The unit must have physical provisions for recovering and exporting
thermal energy in the form of steam, heated fluids or heated gases; and
the unit’s combustion chamber and primary energy recovery Section(s)
must be of integral design. To be of integral design, the combustion
chamber and the primary energy recovery Section(s) (such as waterwalls
and superheaters) must be physically formed into one manufactured or
assembled unit. A unit in which the combustion chamber and the
primary energy recovery Section(s) are joined only by ducts or
connections carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or air
preheaters) need not be physically formed into the same unit as the
combustion chamber and the primary energy recovery Section. The
following units are not precluded from being boilers solely because they
are not of integral design: process heaters (units that transfer energy
directly to a process stream), and fluidized bed combustion units; and
While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered
energy compared with the thermal value of the fuel; and
The unit must export and utilize at least 75 percent of the recovered
energy, calculated on an annual basis. In this calculation, no credit shall
be given for recovered heat used internally in the same unit. (Examples
of internal use are the preheating of fuel or combustion air, and the
driving of induced or forced draft fans or feedwater pumps); or
The unit is one which the Board has determined, on a case-by-case basis,
to be a boiler, after considering the standards in Section 720.132.
“Carbon regeneration unit” means any enclosed thermal treatment device used
to regenerate spent activated carbon.
“Certification” means a statement of professional opinion based upon
knowledge and belief.
“Closed Portion” means that portion of a facility which an owner or operator
has closed in accordance with the approved facility closure plan and all
applicable closure requirements. (See also “active portion” and “inactive
portion”.)
22
“Component” means either the tank or ancillary equipment of a tank system.
“Confined aquifer” means an aquifer bounded above and below by impermeable
beds or by beds of distinctly lower permeability than that of the aquifer itself;
an aquifer containing confined groundwater.
“Container” means any portable device in which a material is stored,
transported, treated, disposed of or otherwise handled.
“Containment Building” means a hazardous waste management unit that is used
to store or treat hazardous waste under the provisions of 35 Ill. Adm. Code
724.Subpart DD and 35 Ill. Adm. Code 725.Subpart DD.
“Contingency plan” means a document setting out an organized, planned and
coordinated course of action to be followed in case of a fire, explosion or
release of hazardous waste or hazardous waste constituents which could threaten
human health or the environment.
“Corrective action management unit” or “CAMU” means an area within a
facility that is designated by the Agency under 35 Ill. Adm. Code 724.Subpart S
for the purpose of implementing corrective action requirements under 35 Ill.
Adm. Code 724.201 and RCRA section 3008(h). A CAMU shall only be used
for the management of remediation wastes pursuant to implementing such
corrective action requirements at the facility.
BOARD NOTE: USEPA must also designate a CAMU until it grants this
authority to the Agency. See the note following 35 Ill. Adm. Code 724.652.
“Corrosion expert” means a person who, by reason of knowledge of the
physical sciences and the principles of engineering and mathematics, acquired
by a professional education and related practical experience, is qualified to
engage in the practice of corrosion control on buried or submerged metal piping
systems and metal tanks. Such a person must be certified as being qualified by
the National Association of Corrosion Engineers (NACE) or be a registered
professional engineer who has certification or licensing that includes education
and experience in corrosion control on buried or submerged metal piping
systems and metal tanks.
“Designated facility” means a hazardous waste treatment, storage or disposal
facility,
Which:
Has received a RCRA permit (or interim status) pursuant to 35
Ill. Adm. Code 702, 703 and 705;
23
Has received a RCRA permit from USEPA pursuant to 40 CFR
124 and 270 (1992);
Has received a RCRA permit from a state authorized by USEPA
pursuant to 40 CFR 271 (1992); or
Is regulated under 35 Ill. Adm. Code 721.106(c)(2) or
266.Subpart F; and
Which has been designated on the manifest by the generator pursuant to
35 Ill. Adm. Code 722.120.
If a waste is destined to a facility in a state, other than Illinois, which
has been authorized by USEPA pursuant to 40 CFR 271, but which has
not yet obtained authorization to regulate that waste as hazardous, then
the designated facility must be a facility allowed by the receiving state to
accept such waste.
“Destination facility” means a facility that treats, disposes of, or recycles a
particular category of universal waste, except those management activities
described in 35 Ill. Adm. Code 733.113(a) and (c) and 733.133(a) and (c). A
facility at which a particular category of universal waste is only accumulated is
not a destination facility for the purposes of managing that category of universal
waste.
“Dike” means an embankment or ridge of either natural or manmade materials
used to prevent the movement of liquids, sludges, solids or other materials.
“Director” means the Director of the Illinois Environmental Protection Agency.
“Discharge” or “hazardous waste discharge” means the accidental or intentional
spilling, leaking, pumping, pouring, emitting, emptying or dumping of
hazardous waste into or on any land or water.
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking
or placing of any solid waste or hazardous waste into or on any land or water so
that such solid waste or hazardous waste or any constituent thereof may enter
the environment or be emitted into the air or discharged into any waters,
including groundwaters.
“Disposal facility” means a facility or part of a facility at which hazardous
waste is intentionally placed into or on any land or water and at which waste
will remain after closure. The term disposal facility does not include a
24
corrective action management unit (CAMU) into which remediation wastes are
placed.
“Drip pad” means an engineered structure consisting of a curbed, free-draining
base, constructed of non-earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation and surface water run-on
to an associated collection system at wood preserving plants.
“Electric lamp” means the bulb or tube portion of a lighting device specifically
designed to produce radiant energy, most often in the ultraviolet, visible, and
infrared regions of the electromagnetic spectrum.
BOARD NOTE: The definition of “electric lamp” was added pursuant to
Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective
August 19, 1997).
“Elementary neutralization unit” means a device which:
Is used for neutralizing wastes which are hazardous only because they
exhibit the corrosivity characteristic defined in 35 Ill. Adm. Code
721.122 or are listed in 35 Ill. Adm. Code 721.Subpart D only for this
reason; and
Meets the definition of tank, tank system, container, transport vehicle or
vessel in this Section.
“EPA hazardous waste number” or “USEPA hazardous waste number” or
“USEPA hazardous waste number” means the number assigned by EPA to each
hazardous waste listed in 35 Ill. Adm. Code 721.Subpart D and to each
characteristic identified in 35 Ill. Adm. Code 721.Subpart C.
“EPA identification number” or “USEPA identification number” or “USEPA
identification number” means the number assigned by USEPA pursuant to 35
Ill. Adm. Code 722 through 725 to each generator, transporter and treatment,
storage or disposal facility.
“EPA region” or “USEPA region” means the states and territories found in any
one of the following ten regions:
Region I: Maine, Vermont, New Hampshire, Massachusetts,
Connecticut and Rhode Island
Region II: New York, New Jersey, Commonwealth of Puerto Rico and
the U.S. Virgin Islands
25
Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia
and the District of Columbia
Region IV: Kentucky, Tennessee, North Carolina, Mississippi,
Alabama, Georgia, South Carolina and Florida
Region V: Minnesota, Wisconsin, Illinois, Michigan, Indiana and Ohio
Region VI: New Mexico, Oklahoma, Arkansas, Louisiana and Texas
Region VII: Nebraska, Kansas, Missouri and Iowa
Region VIII: Montana, Wyoming, North Dakota, South Dakota, Utah
and Colorado
Region IX: California, Nevada, Arizona, Hawaii, Guam, American
Samoa and Commonwealth of the Northern Mariana Islands
Region X: Washington, Oregon, Idaho and Alaska
“Equivalent method” means any testing or analytical method approved by the
Board pursuant to Section 720.120.
“Existing hazardous waste management (HWM) facility” or “existing facility”
means a facility which was in operation or for which construction commenced
on or before November 19, 1980. A facility had commenced construction if the
owner or operator had obtained the federal, state and local approvals or permits
necessary to begin physical construction and either:
A continuous on-site, physical construction program had begun or
The owner or operator had entered into contractual obligations -- which
could not be cancelled canceled or modified without substantial loss --
for physical construction of the facility to be completed within a
reasonable time.
“Existing portion” means that land surface area of an existing waste
management unit, included in the original Part A permit application, on which
wastes have been placed prior to the issuance of a permit.
“Existing tank system” or “existing component” means a tank system or
component that is used for the storage or treatment of hazardous waste and that
is in operation, or for which installation has commenced on or prior to July 14,
1986. Installation will be considered to have commenced if the owner or
operator has obtained all federal, State and local approvals or permits necessary
26
to begin physical construction of the site or installation of the tank system and if
either
A continuous on-site physical construction or installation program has
begun; or
The owner or operator has entered into contractual obligations -- which
cannot be canceled or modified without substantial loss -- for physical
construction of the site or installation of the tank system to be completed
within a reasonable time.
“Facility” means:
All contiguous land and structures, other appurtenances, and
improvements on the land used for treating, storing, or disposing of
hazardous waste. A facility may consist of several treatment, storage, or
disposal operational units (e.g., one or more landfills, surface
impoundments, or combinations of them).
For the purpose of implementing corrective action under 35 Ill. Adm.
Code 724.201, all contiguous property under the control of the owner or
operator seeking a permit under Subtitle C of RCRA. This definition
also applies to facilities implementing corrective action under RCRA
Section 3008(h).
“Federal agency” means any department, agency or other instrumentality of the
federal government, any independent agency or establishment of the federal
government including any government corporation and the Government Printing
Office.
“Federal, state, and local approvals or permits necessary to begin physical
construction” means permits and approvals required under federal, state, or
local hazardous waste control statutes, regulations or ordinances.
“Final closure” means the closure of all hazardous waste management units at
the facility in accordance with all applicable closure requirements so that
hazardous waste management activities under 35 Ill. Adm. Code 724 and 725
are no longer conducted at the facility unless subject to the provisions of 35 Ill.
Adm. Code 722.134.
“Food-chain crops” means tobacco, crops grown for human consumption and
crops grown for feed for animals whose products are consumed by humans.
“Freeboard” means the vertical distance between the top of a tank or surface
impoundment dike and the surface of the waste contained therein.
27
“Free liquids” means liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure.
“Generator” means any person, by site, whose act or process produce hazardous
waste identified or listed in 35 Ill. Adm. Code 721 or whose act first causes a
hazardous waste to become subject to regulation.
“Groundwater” means water below the land surface in a zone of saturation.
“Hazardous waste” means a hazardous waste as defined in 35 Ill. Adm. Code
721.103.
“Hazardous waste constituent” means a constituent which caused the hazardous
waste to be listed in 35 Ill. Adm. Code 721.Subpart D, or a constituent listed in
of 35 Ill. Adm. Code 721.124.
“Hazardous waste management unit” is a contiguous area of land on or in which
hazardous waste is placed, or the largest area in which there is significant
likelihood of mixing hazardous waste constituents in the same area. Examples
of hazardous waste management units include a surface impoundment, a waste
pile, a land treatment area, a landfill cell, an incinerator, a tank and its
associated piping and underlying containment system and a container storage
area. A container alone does not constitute a unit; the unit includes containers
and the land or pad upon which they are placed.
“Inactive portion” means that portion of a facility which is not operated after
November 19, 1980. (See also “active portion” and “closed portion”.)
“Incinerator” means any enclosed device that:
Uses controlled flame combustion and neither:
Meets the criteria for classification as a boiler, sludge dryer or
carbon regeneration unit, nor
Is listed as an industrial furnace; or
Meets the definition of infrared incinerator or plasma arc incinerator.
“Incompatible waste” means a hazardous waste which is suitable for:
Placement in a particular device or facility because it may cause
corrosion or decay of containment materials (e.g., container inner liners
or tank walls); or
28
Commingling with another waste or material under uncontrolled
conditions because the commingling might produce heat or pressure, fire
or explosion, violent reaction, toxic dusts, mists, fumes or gases or
flammable fumes or gases.
(See 35 Ill. Adm. Code 725.Appendix E for examples.)
“Industrial furnace” means any of the following enclosed devices that are
integral components of manufacturing processes and that use thermal treatment
to accomplish recovery of materials or energy:
Cement kilns
Lime kilns
Aggregate kilns
Phosphate kilns
Coke ovens
Blast furnaces
Smelting, melting and refining furnaces (including pyrometallurgical
devices such as cupolas, reverberator furnaces, sintering machines,
roasters and foundry furnaces)
Titanium dioxide chloride process oxidation reactors
Methane reforming furnaces
Pulping liquor recovery furnaces
Combustion devices used in the recovery of sulfur values from spent
sulfuric acid
Halogen acid furnaces (HAFs) for the production of acid from
halogenated hazardous waste generated by chemical production facilities
where the furnace is located on the site of a chemical production facility,
the acid product has a halogen acid content of at least 3%, the acid
product is used in a manufacturing process and, except for hazardous
waste burned as fuel, hazardous waste fed to the furnace has a minimum
halogen content of 20%, as generated
29
Any other such device as the Agency determines to be an “Industrial
Furnace” on the basis of one or more of the following factors:
The design and use of the device primarily to accomplish
recovery of material products;
The use of the device to burn or reduce raw materials to make a
material product;
The use of the device to burn or reduce secondary materials as
effective substitutes for raw materials, in processes using raw
materials as principal feedstocks;
The use of the device to burn or reduce secondary materials as
ingredients in an industrial process to make a material product;
The use of the device in common industrial practice to produce a
material product; and
Other relevant factors.
“Individual generation site” means the contiguous site at or on which one or
more hazardous wastes are generated. An individual generation site, such as a
large manufacturing plant, may have one or more sources of hazardous waste
but is considered a single or individual generation site if the site or property is
contiguous.
“Infrared incinerator” means any enclosed device which uses electric powered
resistance heaters as a source of radiant heat followed by an afterburner using
controlled flame combustion and which is not listed as an industrial furnace.
“Inground tank” means a device meeting the definition of “tank” whereby a
portion of the tank wall is situated to any degree within the ground, thereby
preventing visual inspection of that external surface area of the tank that is in
the ground.
“In operation” refers to a facility which is treating, storing or disposing of
hazardous waste.
“Injection well” means a well into which fluids are being injected. (See also
“underground injection”.)
“Inner liner” means a continuous layer of material placed inside a tank or
container which protects the construction materials of the tank or container from
the contained waste or reagents used to treat the waste.
30
“Installation inspector” means a person who, by reason of knowledge of the
physical sciences and the principles of engineering, acquired by a professional
education and related practical experience, is qualified to supervise the
installation of tank systems.
“International shipment” means the transportation of hazardous waste into or
out of the jurisdiction of the United States.
“Land treatment facility” means a facility or part of a facility at which
hazardous waste is applied onto or incorporated into the soil surface; such
facilities are disposal facilities if the waste will remain after closure.
“Landfill” means a disposal facility or part of a facility where hazardous waste
is placed in or on land and which is not a pile, a land treatment facility, a
surface impoundment, an underground injection well, a salt dome formation, a
salt bed formation, an underground mine, a cave, or a corrective action
management unit (CAMU).
“Landfill cell” means a discrete volume of a hazardous waste landfill which
uses a liner to provide isolation of wastes from adjacent cells or wastes.
Examples of landfill cells are trenches and pits.
“LDS” means leak detection system.
“Leachate” means any liquid, including any suspended components in the
liquid, that has percolated through or drained from hazardous waste.
“Liner” means a continuous layer of natural or manmade materials beneath or
on the sides of a surface impoundment, landfill or landfill cell, which restricts
the downward or lateral escape of hazardous waste, hazardous waste
constituents or leachate.
“Leak-detection system” means a system capable of detecting the failure of
either the primary or secondary containment structure or the presence of a
release of hazardous waste or accumulated liquid in the secondary containment
structure. Such a system must employ operational controls (e.g., daily visual
inspections for releases into the secondary containment system of aboveground
tanks) or consist of an interstitial monitoring device designed to detect
continuously and automatically the failure of the primary or secondary
containment structure or the presence of a release of hazardous waste into the
secondary containment structure.
31
“Management” or “hazardous waste management” means the systematic control
of the collection, source separation, storage, transportation, processing,
treatment, recovery and disposal of hazardous waste.
“Manifest” means the shipping document originated and signed by the generator
which contains the information required by 35 Ill. Adm. Code 722.Subpart B.
“Manifest document number” means the USEPA twelve digit identification
number assigned to the generator plus a unique five digit document number
assigned to the manifest by the generator for recording and reporting purposes.
“Mercury-containing lamp” means an electric lamp into which mercury is
purposely introduced by the manufacturer for the operation of the lamp.
Mercury-containing lamps include, but are not limited to, fluorescent lamps and
high-intensity discharge lamps.
BOARD NOTE: The definition of “mercury-containing lamp” was added
pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,
effective August 19, 1997).
“Mining overburden returned to the mine site” means any material overlying an
economic mineral deposit which is removed to gain access to that deposit and is
then used for reclamation of a surface mine.
“Miscellaneous unit” means a hazardous waste management unit where
hazardous waste is treated, stored or disposed of and which is not a container,
tank, tank system, surface impoundment, pile, land treatment unit, landfill,
incinerator, boiler, industrial furnace, underground injection well with
appropriate technical standards under 35 Ill. Adm. Code 730, containment
building, corrective action management unit (CAMU), or a unit eligible for a
research, development and demonstration permit under 35 Ill. Adm. Code
703.231.
“Movement” means that hazardous waste transported to a facility in an
individual vehicle.
“New hazardous waste management facility” or “new facility” means a facility
which began operation, or for which construction commenced, after November
19, 1980. (See also “Existing hazardous waste management facility”.)
“New tank system” or “new tank component” means a tank system or
component that will be used for the storage or treatment of hazardous waste and
for which installation commenced after July 14, 1986; except, however, for
purposes of 35 Ill. Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank
system is one for which construction commences after July 14, 1986. (See also
“existing tank system”.)
32
“Onground tank” means a device meeting the definition of “tank” that is
situated in such a way that the bottom of the tank is on the same level as the
adjacent surrounding surfaces so that the external tank bottom cannot be visually
inspected.
“On-site” means the same or geographically contiguous property which may be
divided by public or private right-of-way, provided the entrance and exit
between the properties is at a crossroads intersection and access is by crossing as
opposed to going along the right-of-way. Noncontiguous properties owned by
the same person but connected by a right-of-way which he controls and to which
the public does not have access is also considered on-site property.
“Open burning” means the combustion of any material without the following
characteristics:
Control of combustion air to maintain adequate temperature for efficient
combustion;
Containment of the combustion reaction in an enclosed device to provide
sufficient residence time and mixing for complete combustion; and
Control of emission of the gaseous combustion products.
(See also “incineration” and “thermal treatment”.)
“Operator” means the person responsible for the overall operation of a facility.
“Owner” means the person who owns a facility or part of a facility.
“Partial closure” means the closure of a hazardous waste management unit in
accordance with the applicable closure requirements of 35 Ill. Adm. Code 724
or 725 at a facility which contains other active hazardous waste management
units. For example, partial closure may include the closure of a tank (including
its associated piping and underlying containment systems), landfill cell, surface
impoundment, waste pile or other hazardous waste management unit, while
other units of the same facility continue to operate.
“Person” means an individual, trust, firm, joint stock company, federal agency,
corporation (including a government corporation), partnership, association,
state, municipality, commission, political subdivision of a state or any interstate
body.
“Personnel” or “facility personnel” means all persons who work at or oversee
the operations of a hazardous waste facility and whose actions or failure to act
33
may result in noncompliance with the requirements of 35 Ill. Adm. Code 724 or
725.
“Pesticide” means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest or intended for use as a
plant regulator, defoliant, or desiccant, other than any article that fulfills one of
the following descriptions:
It is a new animal drug under Section 201(v) of the Federal Food, Drug
and Cosmetic Act (FFDCA; 21 U.S.C. § 321(v)), incorporated by
reference in Section 720.111,
It is an animal drug that has been determined by regulation of the federal
Secretary of Health and Human Services pursuant to FFDCA Section
512, incorporated by reference in Section 720.111, to be an exempted
new animal drug, or
It is an animal feed under FFDCA Section 201(w) (21 U.S.C.
§ 321(w)), incorporated by reference in Section 720.111 that bears or
contains any substances described in either of the two preceding
subsections of this definition.
BOARD NOTE: The second exception of corresponding 40 CFR
260.10 reads as follows: “Is an animal drug that has been determined by
regulation of the Secretary of Health and Human Services not to be a
new animal drug”. This is very similar to the language of Section 2(u)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7
U.S.C. § 136(u)). The three exceptions, taken together, appear intended
not to include as “pesticide” any material within the scope of federal
Food and Drug Administration regulation. The Board codified this
provision with the intent of retaining the same meaning as its federal
counterpart while adding the definiteness required under Illinois law.
“Pile” means any noncontainerized accumulation of solid, non-flowing
hazardous waste that is used for treatment or storage, and that is not a
containment building.
“Plasma arc incinerator” means any enclosed device which uses a high intensity
electrical discharge or arc as a source of heat followed by an afterburner using
controlled flame combustion and which is not listed as an industrial furnace.
“Point source” means any discernible, confined and discrete conveyance
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding operation
or vessel or other floating craft from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture.
34
“Publicly owned treatment works” or “POTW” is as defined in 35 Ill. Adm.
Code 310.110.
“Qualified groundwater scientist” means a scientist or engineer who has
received a baccalaureate or postgraduate degree in the natural sciences or
engineering, and has sufficient training and experience in groundwater
hydrology and related fields, as demonstrated by state registration, professional
certifications or completion of accredited university courses that enable the
individual to make sound professional judgments regarding groundwater
monitoring and contaminant fate and transport.
BOARD NOTE: “State registration” includes, but is not limited to, registration
as a professional engineer with the Department of Professional Regulation,
pursuant to 225 ILCS 325/1 and 68 Ill. Adm. Code 1380. “Professional
certification” includes, but is not limited to, certification under the certified
ground water professional program of the National Ground Water Association.
“Regional Administrator” means the Regional Administrator for the EPA
Region in which the facility is located or the Regional Administrator’s designee.
“Remediation waste” means all solid and hazardous wastes, and all media
(including groundwater, surface water, soils, and sediments) and debris that
contain listed hazardous wastes or which themselves exhibit a hazardous waste
characteristic which are managed for the purpose of implementing corrective
action requirements under 35 Ill. Adm. Code 724.201 and RCRA Section
3008(h). For a given facility, remediation wastes may originate only from
within the facility boundary, but may include waste managed in implementing
RCRA sections 3004(v) or 3008(h) for releases beyond the facility boundary.
“Replacement unit” means a landfill, surface impoundment or waste pile unit
from which all or substantially all of the waste is removed, and which is
subsequently reused to treat, store or dispose of hazardous waste.
“Replacement unit” does not include a unit from which waste is removed during
closure, if the subsequent reuse solely involves the disposal of waste from that
unit and other closing units or corrective action areas at the facility, in
accordance with a closure or corrective action plan approved by USEPA or the
Agency.
“Representative sample” means a sample of a universe or whole (e.g., waste
pile, lagoon, groundwater) which can be expected to exhibit the average
properties of the universe or whole.
“Runoff” means any rainwater, leachate or other liquid that drains over land
from any part of a facility.
35
“Runon” means any rainwater, leachate or other liquid that drains over land
onto any part of a facility.
“Saturated zone” or “zone of saturation” means that part of the earth’s crust in
which all voids are filled with water.
“SIC Code” means Standard Industrial Code as defined in Standard Industrial
Classification Manual, incorporated by reference in Section 720.111.
“Sludge” means any solid, semi-solid or liquid waste generated from a
municipal, commercial or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility exclusive of the treated effluent
from a wastewater treatment plant.
“Sludge dryer” means any enclosed thermal treatment device which is used to
dehydrate sludge and which has a total thermal input, excluding the heating
value of the sludge itself, of 2500 Btu/lb or less of sludge treated on a wet
weight basis.
“Small Quantity Generator” means a generator which generates less than 1000
kg of hazardous waste in a calendar month.
“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.
“Sorbent” means a material that is used to soak up free liquids by either
adsorption or absorption, or both. “Sorb” means to either adsorb or absorb, or
both.
“Sump” means any pit or reservoir that meets the definition of tank and those
troughs or trenches connected to it that serve to collect hazardous waste for
transport to hazardous waste storage, treatment or disposal facilities; except
that, as used in the landfill, surface impoundment and waste pile rules, “sump”
means any lined pit or reservoir that serves to collect liquids drained from a
leachate collection and removal system or leak detection system for subsequent
removal from the system.
“State” means any of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa
and the Commonwealth of the Northern Mariana Islands.
“Storage” means the holding of hazardous waste for a temporary period, at the
end of which the hazardous waste is treated, disposed of or stored elsewhere.
“Surface impoundment” or “impoundment” means a facility or part of a facility
which is a natural topographic depression, manmade excavation or diked area
36
formed primarily of earthen materials (although it may be lined with manmade
materials) which is designed to hold an accumulation of liquid wastes or wastes
containing free liquids and which is not an injection well. Examples of surface
impoundments are holding, storage, settling and aeration pits, ponds and
lagoons.
“Tank” means a stationary device, designed to contain an accumulation of
hazardous waste which is constructed primarily of nonearthen materials (e.g.,
wood, concrete, steel, plastic) which provide structural support.
“Tank system” means a hazardous waste storage or treatment tank and its
associated ancillary equipment and containment system.
“Thermal treatment” means the treatment of hazardous waste in a device which
uses elevated temperatures as the primary means to change the chemical,
physical or biological character or composition of the hazardous waste.
Examples of thermal treatment processes are incineration, molten salt,
pyrolysis, calcination, wet air oxidation and microwave discharge. (See also
“incinerator” and “open burning”.)
“Thermostat” means a temperature control device that contains metallic mercury
in an ampule attached to a bimetal sensing element and mercury-containing
ampules that have been removed from such a temperature control device in
compliance with the requirements of 35 Ill. Adm. Code 733.113(c)(2) or
733.133(c)(2).
“Totally enclosed treatment facility” means a facility for the treatment of
hazardous waste which is directly connected to an industrial production process
and which is constructed and operated in a manner which prevents the release of
any hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
“Transfer facility” means any transportation related facility including loading
docks, parking areas, storage areas and other similar areas where shipments of
hazardous waste are held during the normal course of transportation.
“Transport vehicle” means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
“Transportation” means the movement of hazardous waste by air, rail, highway
or water.
“Transporter” means a person engaged in the off-site transportation of
hazardous waste by air, rail, highway or water.
37
“Treatability study” means:
A study in which a hazardous waste is subjected to a treatment process to
determine:
Whether the waste is amenable to the treatment process.
What pretreatment (if any) is required.
The optimal process conditions needed to achieve the desired
treatment.
The efficiency of a treatment process for a specific waste or
wastes. Or,
The characteristics and volumes of residuals from a particular
treatment process.
Also included in this definition for the purpose of 35 Ill. Adm. Code
721.104(e) and (f) exemptions are liner compatibility, corrosion and
other material compatibility studies and toxicological and health effects
studies. A “treatability study” is not a means to commercially treat or
dispose of hazardous waste.
“Treatment” means any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character or composition
of any hazardous waste so as to neutralize such waste, or so as to recover
energy or material resources from the waste or so as to render such waste non-
hazardous or less hazardous; safer to transport, store or dispose of; or amenable
for recovery, amenable for storage or reduced in volume.
“Treatment zone” means a soil area of the unsaturated zone of a land treatment
unit within which hazardous constituents are degraded, transformed or
immobilized.
“Underground injection” means the subsurface emplacement of fluids through a
bored, drilled or driven well; or through a dug well, where the depth of the dug
well is greater than the largest surface dimension. (See also “injection well”.)
“Underground tank” means a device meeting the definition of “tank” whose
entire surface area is totally below the surface of and covered by the ground.
“Unfit-for-use tank system” means a tank system that has been determined
through an integrity assessment or other inspection to be no longer capable of
38
storing or treating hazardous waste without posing a threat of release of
hazardous waste to the environment.
“United States” means the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa and the Commonwealth of the Northern Mariana Islands.
“Universal waste” means any of the following hazardous wastes that are
managed under the universal waste requirements of 35 Ill. Adm. Code 733:
Batteries, as described in 35 Ill. Adm. Code 733.102;
Pesticides, as described in 35 Ill. Adm. Code 733.103; and
Thermostats, as described in 35 Ill. Adm. Code 733.104; and.
Mercury-containing lamps, as described in 35 Ill. Adm. Code 733.107.
BOARD NOTE: Mercury-containing lamps were added as universal
waste pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
“Universal waste handler” means either of the following:
A generator (as defined in this Section) of universal waste; or
The owner or operator of a facility, including all contiguous property,
that receives universal waste from other universal waste handlers,
accumulates the universal waste, and sends that universal waste to
another universal waste handler, to a destination facility, or to a foreign
destination.
“Universal waste handler” does not mean:
A person that treats (except under the provisions of Section
733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles
universal waste; or
A person engaged in the off-site transportation of universal waste
by air, rail, highway, or water, including a universal waste
transfer facility.
“Universal waste transporter” means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
39
“Unsaturated zone” or “zone of aeration” means the zone between the land
surface and the water table.
“Uppermost aquifer” means the geologic formation nearest the natural ground
surface that is an aquifer, as well as lower aquifers that are hydraulically
interconnected with this aquifer within the facility’s property boundary.
“USDOT” or “Department of Transportation” means the United States
Department of Transportation.
“Used oil” means any oil that has been refined from crude oil, or any synthetic
oil, that has been used and as a result of such use is contaminated by physical or
chemical impurities.
“USEPA” or “EPA” or “U.S. EPA” means the United States Environmental
Protection Agency.
“Vessel” includes every description of watercraft, used or capable of being used
as a means of transportation on the water.
“Wastewater treatment unit” means a device which:
Is part of a wastewater treatment facility which has an NPDES permit
pursuant to 35 Ill. Adm. Code 309 or a pretreatment permit or
authorization to discharge pursuant to 35 Ill. Adm. Code 310; and
Receives and treats or stores an influent wastewater which is a hazardous
waste as defined in 35 Ill. Adm. Code 721.103, or generates and
accumulates a wastewater treatment sludge which is a hazardous waste as
defined in 35 Ill. Adm. Code 721.103, or treats or stores a wastewater
treatment sludge which is a hazardous waste as defined in 35 Ill. Adm.
Code 721.103; and
Meets the definition of tank or tank system in this Section.
“Water (bulk shipment)” means the bulk transportation of hazardous waste
which is loaded or carried on board a vessel without containers or labels.
“Well” means any shaft or pit dug or bored into the earth, generally of a
cylindrical form, and often walled with bricks or tubing to prevent the earth
from caving in.
“Well injection” (See “underground injection”).
40
“Zone of engineering control” means an area under the control of the owner or
operator that, upon detection of a hazardous waste release, can be readily
cleaned up prior to the release of hazardous waste or hazardous constituents to
groundwater or surface water.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 721
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A: GENERAL PROVISIONS
Section
721.101
Purpose and Scope
721.102
Definition of Solid Waste
721.103
Definition of Hazardous Waste
721.104
Exclusions
721.105
Special Requirements for Hazardous Waste Generated by Small Quantity
Generators
721.106
Requirements for Recyclable Materials
721.107
Residues of Hazardous Waste in Empty Containers
721.108
PCB Wastes Regulated under TSCA
721.109
Requirements for Universal Waste
SUBPART B: CRITERIA FOR IDENTIFYING THE CHARACTERISTICS
OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES
Section
721.110
Criteria for Identifying the Characteristics of Hazardous Waste
721.111
Criteria for Listing Hazardous Waste
SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE
Section
721.120
General
721.121
Characteristic of Ignitability
721.122
Characteristic of Corrosivity
721.123
Characteristic of Reactivity
721.124
Toxicity Characteristic
SUBPART D: LISTS OF HAZARDOUS WASTE
Section
41
721.130
General
721.131
Hazardous Wastes From Nonspecific Sources
721.132
Hazardous Waste from Specific Sources
721.133
Discarded Commercial Chemical Products, Off-Specification Species, Container
Residues, and Spill Residues Thereof
721.135
Wood Preserving Wastes
721.Appendix A
Representative Sampling Methods
721.Appendix B
Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)
721.Appendix C
Chemical Analysis Test Methods
Table A
Analytical Characteristics of Organic Chemicals (Repealed)
Table B
Analytical Characteristics of Inorganic Species (Repealed)
Table C
Sample Preparation/Sample Introduction Techniques (Repealed)
721.Appendix G
Basis for Listing Hazardous Wastes
721.Appendix H
Hazardous Constituents
721.Appendix I
Wastes Excluded by Administrative Action
Table A
Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22
from Non-Specific Sources
Table B
Wastes Excluded by USEPA under 40 CFR 260.20 and 260.22
from Specific Sources
Table C
Wastes Excluded by U.S. EPA under 40 CFR 260.20 and 260.22
from Commercial Chemical Products, Off-Specification Species,
Container Residues, and Soil Residues Thereof
Table D
Wastes Excluded by the Board by Adjusted Standard
721.Appendix J
Method of Analysis for Chlorinated Dibenzo-p-Dioxins and
Dibenzofurans (Repealed)
721.Appendix Z
Table to Section 721.102
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;
amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective as noted in 35 Ill.
Adm. Code May 17, 1982; amended in R82-18, 51 PCB 31, at 7 Ill. Reg. 2518, effective
February 22, 1983; amended in R82-19, 53 PCB 131, at 7 Ill. Reg. 13999, effective October
12, 1983; amended in R84-34, 61 PCB 247, at 8 Ill. Reg. 24562, effective December 11,
1984; amended in R84-9, at 9 Ill. Reg. 11834, effective July 24, 1985; amended in R85-22 at
10 Ill. Reg. 998, effective January 2, 1986; amended in R85-2 at 10 Ill. Reg. 8112, effective
May 2, 1986; amended in R86-1 at 10 Ill. Reg. 14002, effective August 12, 1986; amended in
R86-19 at 10 Ill. Reg. 20647, effective December 2, 1986; amended in R86-28 at 11 Ill. Reg.
6035, effective March 24, 1987; amended in R86-46 at 11 Ill. Reg. 13466, effective August 4,
1987; amended in R87-32 at 11 Ill. Reg. 16698, effective September 30, 1987; amended in
R87-5 at 11 Ill. Reg. 19303, effective November 12, 1987; amended in R87-26 at 12 Ill. Reg.
2456, effective January 15, 1988; amended in R87-30 at 12 Ill. Reg. 12070, effective July 12,
1988; amended in R87-39 at 12 Ill. Reg. 13006, effective July 29, 1988; amended in R88-16
42
at 13 Ill. Reg. 382, effective December 27, 1988; amended in R89-1 at 13 Ill. Reg. 18300,
effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14401, effective August 22,
1990; amended in R90-10 at 14 Ill. Reg. 16472, effective September 25, 1990; amended in
R90-17 at 15 Ill. Reg. 7950, effective May 9, 1991; amended in R90-11 at 15 Ill. Reg. 9332,
effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14473, effective September 30,
1991; amended in R91-12 at 16 Ill. Reg. 2155, effective January 27, 1992; amended in R91-
26 at 16 Ill. Reg. 2600, effective February 3, 1992; amended in R91-13 at 16 Ill. Reg. 9519,
effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17666, effective November 6, 1992;
amended in R92-10 at 17 Ill. Reg. 5650, effective March 26, 1993; amended in R93-4 at 17
Ill. Reg. 20568, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6741,
effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12175, effective July 29, 1994;
amended in R94-17 at 18 Ill. Reg. 17490, effective November 23, 1994; amended in R95-6 at
19 Ill. Reg. 9522, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 10963, August
1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 275, effective December 16, 1997;
amended in R98-12 at 22 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL PROVISIONS
Section 721.109
Requirements for Universal Waste
The wastes listed in this Section are exempt from regulation under 35 Ill. Adm. Code 702
through 705, 722 through 726, and 728, except as specified in 35 Ill. Adm. Code 733, and are
therefore not fully regulated as hazardous waste. The wastes listed in this Section are subject
to regulation under 35 Ill. Adm. Code 733:
a)
Batteries, as described in 35 Ill. Adm. Code 733.102;
b)
Pesticides, as described in 35 Ill. Adm. Code 733.103; and
c)
Thermostats, as described in 35 Ill. Adm. Code 733.104; and.
d)
Mercury-containing lamps, as described in 35 Ill. Adm. Code 733.107.
BOARD NOTE: Subsection (d) of this Section was added pursuant to Section
22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,
1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
43
PART 724
STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A: GENERAL PROVISIONS
Section
724.101
Purpose, Scope and Applicability
724.103
Relationship to Interim Status Standards
SUBPART B: GENERAL FACILITY STANDARDS
Section
724.110
Applicability
724.111
Identification Number
724.112
Required Notices
724.113
General Waste Analysis
724.114
Security
724.115
General Inspection Requirements
724.116
Personnel Training
724.117
General Requirements for Ignitable, Reactive or Incompatible Wastes
724.118
Location Standards
724.119
Construction Quality Assurance Program
SUBPART C: PREPAREDNESS AND PREVENTION
Section
724.130
Applicability
724.131
Design and Operation of Facility
724.132
Required Equipment
724.133
Testing and Maintenance of Equipment
724.134
Access to Communications or Alarm System
724.135
Required Aisle Space
724.137
Arrangements with Local Authorities
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section
724.150
Applicability
724.151
Purpose and Implementation of Contingency Plan
724.152
Content of Contingency Plan
724.153
Copies of Contingency Plan
724.154
Amendment of Contingency Plan
724.155
Emergency Coordinator
724.156
Emergency Procedures
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND
REPORTING
Section
44
724.170
Applicability
724.171
Use of Manifest System
724.172
Manifest Discrepancies
724.173
Operating Record
724.174
Availability, Retention and Disposition of Records
724.175
Annual Report
724.176
Unmanifested Waste Report
724.177
Additional Reports
SUBPART F: RELEASES FROM SOLID WASTE MANAGEMENT UNITS
Section
724.190
Applicability
724.191
Required Programs
724.192
Groundwater Protection Standard
724.193
Hazardous Constituents
724.194
Concentration Limits
724.195
Point of Compliance
724.196
Compliance Period
724.197
General Groundwater Monitoring Requirements
724.198
Detection Monitoring Program
724.199
Compliance Monitoring Program
724.200
Corrective Action Program
724.201
Corrective Action for Solid Waste Management Units
SUBPART G: CLOSURE AND POST-CLOSURE
Section
724.210
Applicability
724.211
Closure Performance Standard
724.212
Closure Plan; Amendment of Plan
724.213
Closure; Time Allowed For Closure
724.214
Disposal or Decontamination of Equipment, Structures and Soils
724.215
Certification of Closure
724.216
Survey Plat
724.217
Post-closure Care and Use of Property
724.218
Post-closure Plan; Amendment of Plan
724.219
Post-closure Notices
724.220
Certification of Completion of Post-closure Care
SUBPART H: FINANCIAL REQUIREMENTS
Section
724.240
Applicability
724.241
Definitions of Terms As Used In This Subpart
724.242
Cost Estimate for Closure
724.243
Financial Assurance for Closure
724.244
Cost Estimate for Post-closure Care
45
724.245
Financial Assurance for Post-closure Care
724.246
Use of a Mechanism for Financial Assurance of Both Closure and Post-closure
Care
724.247
Liability Requirements
724.248
Incapacity of Owners or Operators, Guarantors or Financial Institutions
724.251
Wording of the Instruments
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section
724.270
Applicability
724.271
Condition of Containers
724.272
Compatibility of Waste With Container
724.273
Management of Containers
724.274
Inspections
724.275
Containment
724.276
Special Requirements for Ignitable or Reactive Waste
724.277
Special Requirements for Incompatible Wastes
724.278
Closure
724.279
Air Emission Standards
SUBPART J: TANK SYSTEMS
Section
724.290
Applicability
724.291
Assessment of Existing Tank System’s Integrity
724.292
Design and Installation of New Tank Systems or Components
724.293
Containment and Detection of Releases
724.294
General Operating Requirements
724.295
Inspections
724.296
Response to Leaks or Spills and Disposition of Leaking or unfit-for-use Tank
Systems
724.297
Closure and Post-Closure Care
724.298
Special Requirements for Ignitable or Reactive Waste
724.299
Special Requirements for Incompatible Wastes
724.300
Air Emission Standards
SUBPART K: SURFACE IMPOUNDMENTS
Section
724.320
Applicability
724.321
Design and Operating Requirements
724.322
Action Leakage Rate
724.323
Response Actions
724.326
Monitoring and Inspection
724.327
Emergency Repairs; Contingency Plans
724.328
Closure and Post-closure Care
724.329
Special Requirements for Ignitable or Reactive Waste
46
724.330
Special Requirements for Incompatible Wastes
724.331
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026
and F027
724.332
Air Emission Standards
SUBPART L: WASTE PILES
Section
724.350
Applicability
724.351
Design and Operating Requirements
724.352
Action Leakage Rate
724.353
Response Action Plan
724.354
Monitoring and Inspection
724.356
Special Requirements for Ignitable or Reactive Waste
724.357
Special Requirements for Incompatible Wastes
724.358
Closure and Post-closure Care
724.359
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026
and F027
SUBPART M: LAND TREATMENT
Section
724.370
Applicability
724.371
Treatment Program
724.372
Treatment Demonstration
724.373
Design and Operating Requirements
724.376
Food-chain Crops
724.378
Unsaturated Zone Monitoring
724.379
Recordkeeping
724.380
Closure and Post-closure Care
724.381
Special Requirements for Ignitable or Reactive Waste
724.382
Special Requirements for Incompatible Wastes
724.383
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026
and F027
SUBPART N: LANDFILLS
Section
724.400
Applicability
724.401
Design and Operating Requirements
724.402
Action Leakage Rate
724.403
Monitoring and Inspection
724.404
Response Actions
724.409
Surveying and Recordkeeping
724.410
Closure and Post-closure Care
724.412
Special Requirements for Ignitable or Reactive Waste
724.413
Special Requirements for Incompatible Wastes
724.414
Special Requirements for Bulk and Containerized Liquids
47
724.415
Special Requirements for Containers
724.416
Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab
Packs)
724.417
Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026
and F027
SUBPART O: INCINERATORS
Section
724.440
Applicability
724.441
Waste Analysis
724.442
Principal Organic Hazardous Constituents (POHCs)
724.443
Performance Standards
724.444
Hazardous Waste Incinerator Permits
724.445
Operating Requirements
724.447
Monitoring and Inspections
724.451
Closure
SUBPART S: CORRECTIVE ACTION FOR SOLID WASTE
MANAGEMENT UNITS
Section
724.652
Corrective Action Management Units
724.653
Temporary Units
SUBPART W: DRIP PADS
Section
724.670
Applicability
724.671
Assessment of existing drip pad integrity
724.672
Design and installation of new drip pads
724.673
Design and operating requirements
724.674
Inspections
724.675
Closure
SUBPART X: MISCELLANEOUS UNITS
Section
724.700
Applicability
724.701
Environmental Performance Standards
724.702
Monitoring, Analysis, Inspection, Response, Reporting and Corrective Action
724.703
Post-closure Care
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
724.930
Applicability
724.931
Definitions
724.932
Standards: Process Vents
724.933
Standards: Closed-vent Systems and Control Devices
48
724.934
Test methods and procedures
724.935
Recordkeeping requirements
724.936
Reporting Requirements
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section
724.950
Applicability
724.951
Definitions
724.952
Standards: Pumps in Light Liquid Service
724.953
Standards: Compressors
724.954
Standards: Pressure Relief Devices in Gas/Vapor Service
724.955
Standards: Sampling Connecting Systems
724.956
Standards: Open-ended Valves or Lines
724.957
Standards: Valves in Gas/Vapor or Light Liquid Service
724.958
Standards: Pumps, Valves, Pressure Relief Devices and Other Connectors
724.959
Standards: Delay of Repair
724.960
Standards: Closed-vent Systems and Control Devices
724.961
Alternative Percentage Standard for Valves
724.962
Skip Period Alternative for Valves
724.963
Test Methods and Procedures
724.964
Recordkeeping Requirements
724.965
Reporting Requirements
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
IMPOUNDMENTS, AND CONTAINERS
Section
724.980
Applicability
724.981
Definitions
724.982
Standards: General
724.983
Waste Determination Procedures
724.984
Standards: Tanks
724.985
Standards: Surface Impoundments
724.986
Standards: Containers
724.987
Standards: Closed-vent Systems and Control Devices
724.988
Inspection and Monitoring Requirements
724.989
Recordkeeping Requirements
724.990
Reporting Requirements
724.991
Alternative Control Requirements for Tanks
SUBPART DD: CONTAINMENT BUILDINGS
Section
724.1100
Applicability
724.1101
Design and operating standards
724.1102
Closure and Post-closure Care
49
724.Appendix A
Recordkeeping Instructions
724.Appendix B
EPA Report Form and Instructions (Repealed)
724.Appendix D
Cochran’s Approximation to the Behrens-Fisher Student’s T-Test
724.Appendix E
Examples of Potentially Incompatible Waste
724.Appendix I
Groundwater Monitoring List
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
SOURCE: Adopted in R82-19, 53 PCB 131, at 7 Ill. Reg. 14059, effective October 12,
1983; amended in R84-9 at 9 Ill. Reg. 11964, effective July 24, 1985; amended in R85-22 at
10 Ill. Reg. 1136, effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14119,
effective August 12, 1986; amended in R86-28 at 11 Ill. Reg. 6138, effective March 24, 1987;
amended in R86-28 at 11 Ill. Reg. 8684, effective April 21, 1987; amended in R86-46 at 11
Ill. Reg. 13577, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19397, effective
November 12, 1987; amended in R87-39 at 12 Ill. Reg. 13135, effective July 29, 1988;
amended in R88-16 at 13 Ill. Reg. 458, effective December 28, 1988; amended in R89-1 at 13
Ill. Reg. 18527, effective November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14511,
effective August 22, 1990; amended in R90-10 at 14 Ill. Reg. 16658, effective September 25,
1990; amended in R90-11 at 15 Ill. Reg. 9654, effective June 17, 1991; amended in R91-1 at
15 Ill. Reg. 14572, effective October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9833,
effective June 9, 1992; amended in R92-1 at 16 Ill. Reg. 17702, effective November 6, 1992;
amended in R92-10 at 17 Ill. Reg. 5806, effective March 26, 1993; amended in R93-4 at 17
Ill. Reg. 20830, effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6973,
effective April 26, 1994; amended in R94-7 at 18 Ill. Reg. 12487, effective July 29, 1994;
amended in R94-17 at 18 Ill. Reg. 17601, effective November 23, 1994; amended in R95-6 at
19 Ill. Reg. 9951, effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11244, August
1, 1996; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 636, effective December 16, 1997;
amended in R98-12 at 22 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL PROVISIONS
Section 724.101
Purpose, Scope and Applicability
a)
The purpose of this Part is to establish minimum standards that define the
acceptable management of hazardous waste.
b)
The standards in this Part apply to owners and operators of all facilities that
treat, store, or dispose of hazardous waste, except as specifically provided
otherwise in this Part or 35 Ill. Adm. Code 721.
c)
The requirements of this Part apply to a person disposing of hazardous waste by
means of ocean disposal subject to a permit issued under the Marine Protection,
Research and Sanctuaries Act (16 U.S.C. 1431-1434, 33 U.S.C. 1401) only to
50
the extent they are included in a RCRA permit by rule granted to such a person
under 35 Ill. Adm. Code 703.141. A “RCRA permit” is a permit required by
Section 21(f) of the Environmental Protection Act and 35 Ill. Adm. Code
703.121.
BOARD NOTE: This Part does apply to the treatment or storage of hazardous
waste before it is loaded onto an ocean vessel for incineration or disposal at sea.
d)
The requirements of this Part apply to a person disposing of hazardous waste by
means of underground injection subject to a permit issued by the Agency
pursuant to Section 12(g) of the Environmental Protection Act only to the extent
they are required by 35 Ill. Adm. Code 704.Subpart F.
BOARD NOTE: This Part does apply to the above-ground treatment or storage
of hazardous waste before it is injected underground.
e)
The requirements of this Part apply to the owner or operator of a POTW
(publicly owned treatment works) that treats, stores, or disposes of hazardous
waste only to the extent included in a RCRA permit by rule granted to such a
person under 35 Ill. Adm. Code 703.141.
f)
This subsection corresponds with 40 CFR 264.1(f), which provides that the
federal regulations do not apply to T/S/D activities in authorized states, except
under limited, enumerated circumstances. This statement maintains structural
consistency with USEPA rules.
g)
The requirements of this Part do not apply to:
1)
The owner or operator of a facility permitted by the Agency under
Section 21 of the Environmental Protection Act to manage municipal or
industrial solid waste, if the only hazardous waste the facility treats,
stores, or disposes of is excluded from regulation under this Part by 35
Ill. Adm. Code 721.105.
BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.
Code 807 and may have to have a supplemental permit under 35 Ill.
Adm. Code 807.210.
2)
The owner or operator of a facility managing recyclable materials
described in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4) (except to
the extent that requirements of this Part are referred to in 35 Ill. Adm.
Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739).
3)
A generator accumulating waste on-site in compliance with 35 Ill. Adm.
Code 722.134.
51
4)
A farmer disposing of waste pesticides from the farmer’s own use in
compliance with 35 Ill. Adm. Code 722.170.
5)
The owner or operator of a totally enclosed treatment facility, as defined
in 35 Ill. Adm. Code 720.110.
6)
The owner or operator of an elementary neutralization unit or a
wastewater treatment unit, as defined in 35 Ill. Adm. Code 720.110,
provided that if the owner or operator is diluting hazardous ignitable
(D001) wastes (other than the D001 High TOC Subcategory defined in
35 Ill. Adm. Code 728.Table T) or reactive (D003) waste to remove the
characteristic before land disposal, the owner or operator must comply
with the requirements set out in Section 724.117(b).
7)
This subsection corresponds with 40 CFR 264.1(g)(7), reserved by
USEPA. This statement maintains structural consistency with USEPA
rules.
8)
Immediate response:
A)
Except as provided in subsection (g)(8)(B) below, a person
engaged in treatment or containment activities during immediate
response to any of the following situations:
i)
A discharge of a hazardous waste;
ii)
An imminent and substantial threat of a discharge of
hazardous waste;
iii)
A discharge of a material that becomes a hazardous waste
when discharged.
B)
An owner or operator of a facility otherwise regulated by this
Part must comply with all applicable requirements of
724.Subparts C and D.
C)
Any person that is covered by subsection (g)(8)(A) above and
that continues or initiates hazardous waste treatment or
containment activities after the immediate response is over is
subject to all applicable requirements of this Part and 35 Ill.
Adm. Code 702, 703, and 705 for those activities.
52
9)
A transporter storing manifested shipments of hazardous waste in
containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a
transfer facility for a period of ten days or less.
10)
The addition of absorbent materials to waste in a container (as defined in
35 Ill. Adm. Code 720) or the addition of waste to absorbent material in
a container, provided these actions occur at the time waste is first placed
in the container, and Sections 724.117(b), 724.271, and 724.272 are
complied with.
11)
A universal waste handler or universal waste transporter (as defined in
35 Ill. Adm. Code 720.110) that handles any of the wastes listed below
is subject to regulation under 35 Ill. Adm. Code 733 when handling the
following universal wastes:
A)
Batteries, as described in 35 Ill. Adm. Code 733.102;
B)
Pesticides, as described in 35 Ill. Adm. Code 733.103; and
C)
Thermostats, as described in 35 Ill. Adm. Code 733.104; and.
D)
Mercury-containing lamps, as described in 35 Ill. Adm. Code
733.107.
BOARD NOTE: Subsection (g)(11)(D) of this Section was
added pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a]
(see P.A. 90-502, effective August 19, 1997).
h)
This Part applies to owners and operators of facilities that treat, store, or
dispose of hazardous wastes referred to in 35 Ill. Adm. Code 728.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
SUBPART A: GENERAL PROVISIONS
Section
53
725.101
Purpose, Scope and Applicability
725.104
Imminent Hazard Action
SUBPART B: GENERAL FACILITY STANDARDS
Section
725.110
Applicability
725.111
USEPA Identification Number
725.112
Required Notices
725.113
General Waste Analysis
725.114
Security
725.115
General Inspection Requirements
725.116
Personnel Training
725.117
General Requirements for Ignitable, Reactive, or Incompatible Wastes
725.118
Location Standards
725.119
Construction Quality Assurance Program
SUBPART C: PREPAREDNESS AND PREVENTION
Section
725.130
Applicability
725.131
Maintenance and Operation of Facility
725.132
Required Equipment
725.133
Testing and Maintenance of Equipment
725.134
Access to Communications or Alarm System
725.135
Required Aisle Space
725.137
Arrangements with Local Authorities
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section
725.150
Applicability
725.151
Purpose and Implementation of Contingency Plan
725.152
Content of Contingency Plan
725.153
Copies of Contingency Plan
725.154
Amendment of Contingency Plan
725.155
Emergency Coordinator
725.156
Emergency Procedures
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND
REPORTING
Section
725.170
Applicability
725.171
Use of Manifest System
725.172
Manifest Discrepancies
725.173
Operating Record
725.174
Availability, Retention and Disposition of Records
725.175
Annual Report
54
725.176
Unmanifested Waste Report
725.177
Additional Reports
SUBPART F: GROUNDWATER MONITORING
Section
725.190
Applicability
725.191
Groundwater Monitoring System
725.192
Sampling and Analysis
725.193
Preparation, Evaluation and Response
725.194
Recordkeeping and Reporting
SUBPART G: CLOSURE AND POST-CLOSURE
Section
725.210
Applicability
725.211
Closure Performance Standard
725.212
Closure Plan; Amendment of Plan
725.213
Closure; Time Allowed for Closure
725.214
Disposal or Decontamination of Equipment, Structures and Soils
725.215
Certification of Closure
725.216
Survey Plat
725.217
Post-closure Care and Use of Property
725.218
Post-closure Plan; Amendment of Plan
725.219
Post-Closure Notices
725.220
Certification of Completion of Post-Closure Care
SUBPART H: FINANCIAL REQUIREMENTS
Section
725.240
Applicability
725.241
Definitions of Terms as Used in this Subpart
725.242
Cost Estimate for Closure
725.243
Financial Assurance for Closure
725.244
Cost Estimate for Post-closure Care
725.245
Financial Assurance for Post-closure Monitoring and Maintenance
725.246
Use of a Mechanism for Financial Assurance of Both Closure and Post-closure
Care
725.247
Liability Requirements
725.248
Incapacity of Owners or Operators, Guarantors or Financial Institutions
725.251
Promulgation of Forms (Repealed)
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section
725.270
Applicability
725.271
Condition of Containers
725.272
Compatibility of Waste with Container
725.273
Management of Containers
55
725.274
Inspections
725.276
Special Requirements for Ignitable or Reactive Waste
725.277
Special Requirements for Incompatible Wastes
725.278
Air Emission Standards
SUBPART J: TANK SYSTEMS
Section
725.290
Applicability
725.291
Assessment of Existing Tank System’s Integrity
725.292
Design and Installation of New Tank Systems or Components
725.293
Containment and Detection of Releases
725.294
General Operating Requirements
725.295
Inspections
725.296
Response to leaks or spills and disposition of Tank Systems
725.297
Closure and Post-Closure Care
725.298
Special Requirements for Ignitable or Reactive Waste
725.299
Special Requirements for Incompatible Wastes
725.300
Waste Analysis and Trial Tests
725.301
Generators of 100 to 1000 kg/mo
725.302
Air Emission Standards
SUBPART K: SURFACE IMPOUNDMENTS
Section
725.320
Applicability
725.321
Design and Operating Requirements
725.322
Action Leakage Rate
725.323
Response Actions
725.324
Containment System
725.325
Waste Analysis and Trial Tests
725.326
Monitoring and Inspections
725.328
Closure and Post-Closure Care
725.329
Special Requirements for Ignitable or Reactive Waste
725.330
Special Requirements for Incompatible Wastes
725.331
Air Emission Standards
SUBPART L: WASTE PILES
Section
725.350
Applicability
725.351
Protection from Wind
725.352
Waste Analysis
725.353
Containment
725.354
Design and Operating Requirements
725.355
Action Leakage Rates
725.356
Special Requirements for Ignitable or Reactive Waste
725.357
Special Requirements for Incompatible Wastes
56
725.358
Closure and Post-Closure Care
725.359
Response Actions
725.360
Monitoring and Inspection
SUBPART M: LAND TREATMENT
Section
725.370
Applicability
725.372
General Operating Requirements
725.373
Waste Analysis
725.376
Food Chain Crops
725.378
Unsaturated Zone (Zone of Aeration) Monitoring
725.379
Recordkeeping
725.380
Closure and Post-closure
725.381
Special Requirements for Ignitable or Reactive Waste
725.382
Special Requirements for Incompatible Wastes
SUBPART N: LANDFILLS
Section
725.400
Applicability
725.401
Design Requirements
725.402
Action Leakage Rate
725.403
Response Actions
725.404
Monitoring and Inspection
725.409
Surveying and Recordkeeping
725.410
Closure and Post-Closure
725.412
Special Requirements for Ignitable or Reactive Waste
725.413
Special Requirements for Incompatible Wastes
725.414
Special Requirements for Liquid Wastes
725.415
Special Requirements for Containers
725.416
Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab
Packs)
SUBPART O: INCINERATORS
Section
725.440
Applicability
725.441
Waste Analysis
725.445
General Operating Requirements
725.447
Monitoring and Inspection
725.451
Closure
725.452
Interim Status Incinerators Burning Particular Hazardous Wastes
SUBPART P: THERMAL TREATMENT
Section
725.470
Other Thermal Treatment
725.473
General Operating Requirements
57
725.475
Waste Analysis
725.477
Monitoring and Inspections
725.481
Closure
725.482
Open Burning; Waste Explosives
725.483
Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste
SUBPART Q: CHEMICAL, PHYSICAL AND BIOLOGICAL TREATMENT
Section
725.500
Applicability
725.501
General Operating Requirements
725.502
Waste Analysis and Trial Tests
725.503
Inspections
725.504
Closure
725.505
Special Requirements for Ignitable or Reactive Waste
725.506
Special Requirements for Incompatible Wastes
SUBPART R: UNDERGROUND INJECTION
Section
725.530
Applicability
SUBPART W: DRIP PADS
Section
725.540
Applicability
725.541
Assessment of existing drip pad integrity
725.542
Design and installation of new drip pads
725.543
Design and operating requirements
725.544
Inspections
725.545
Closure
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
725.930
Applicability
725.931
Definitions
725.932
Standards: Process Vents
725.933
Standards: Closed-vent Systems and Control Devices
725.934
Test methods and procedures
725.935
Recordkeeping Requirements
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section
725.950
Applicability
725.951
Definitions
725.952
Standards: Pumps in Light Liquid Service
725.953
Standards: Compressors
725.954
Standards: Pressure Relief Devices in Gas/Vapor Service
58
725.955
Standards: Sampling Connecting Systems
725.956
Standards: Open-ended Valves or Lines
725.957
Standards: Valves in Gas/Vapor or Light Liquid Service
725.958
Standards: Pumps, Valves, Pressure Relief Devices, Flanges and Other
Connectors
725.959
Standards: Delay of Repair
725.960
Standards: Closed-vent Systems and Control Devices
725.961
Percent Leakage Alternative for Valves
725.962
Skip Period Alternative for Valves
725.963
Test Methods and Procedures
725.964
Recordkeeping Requirements
SUBPART CC: AIR EMISSION STANDARDS FOR TANKS, SURFACE
IMPOUNDMENTS, AND CONTAINERS
Section
725.980
Applicability
725.981
Definitions
725.982
Schedule for Implementation of Air Emission Standards
725.983
Standards: General
725.984
Waste Determination Procedures
725.985
Standards: Tanks
725.986
Standards: Surface Impoundments
725.987
Standards: Containers
725.988
Standards: Closed-vent Systems and Control Devices
725.989
Inspection and Monitoring Requirements
725.990
Recordkeeping Requirements
725.991
Alternative Tank Emission Control Requirements
SUBPART DD: CONTAINMENT BUILDINGS
Section
725.1100
Applicability
725.1101
Design and operating standards
725.1102
Closure and Post Closure-Care
725.Appendix A
Recordkeeping Instructions
725.Appendix B
EPA Report Form and Instructions (Repealed)
725.Appendix C
EPA Interim Primary Drinking Water Standards
725.Appendix D
Tests for Significance
725.Appendix E
Examples of Potentially Incompatible Waste
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
59
SOURCE: Adopted in R81-22, 43 PCB 427, at 5 Ill. Reg. 9781, effective May 17, 1982;
amended and codified in R81-22, 45 PCB 317, at 6 Ill. Reg. 4828, effective May 17, 1982;
amended in R82-18, 51 PCB 831, at 7 Ill. Reg. 2518, effective February 22, 1983; amended
in R82-19, 53 PCB 131, at 7 Ill. Reg. 14034, effective October 12, 1983; amended in R84-9,
at 9 Ill. Reg. 11869, effective July 24, 1985; amended in R85-22 at 10 Ill. Reg. 1085,
effective January 2, 1986; amended in R86-1 at 10 Ill. Reg. 14069, effective August 12, 1986;
amended in R86-28 at 11 Ill. Reg. 6044, effective March 24, 1987; amended in R86-46 at 11
Ill. Reg. 13489, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19338, effective
November 10, 1987; amended in R87-26 at 12 Ill. Reg. 2485, effective January 15, 1988;
amended in R87-39 at 12 Ill. Reg. 13027, effective July 29, 1988; amended in R88-16 at 13
Ill. Reg. 437, effective December 28, 1988; amended in R89-1 at 13 Ill. Reg. 18354, effective
November 13, 1989; amended in R90-2 at 14 Ill. Reg. 14447, effective August 22, 1990;
amended in R90-10 at 14 Ill. Reg. 16498, effective September 25, 1990; amended in R90-11
at 15 Ill. Reg. 9398, effective June 17, 1991; amended in R91-1 at 15 Ill. Reg. 14534,
effective October 1, 1991; amended in R91-13 at 16 Ill. Reg. 9578, effective June 9, 1992;
amended in R92-1 at 16 Ill. Reg. 17672, effective November 6, 1992; amended in R92-10 at
17 Ill. Reg. 5681, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20620,
effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6771, effective April 26,
1994; amended in R94-7 at 18 Ill. Reg. 12190, effective July 29, 1994; amended in R94-17 at
18 Ill. Reg. 17548, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9566,
effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11078, August 1, 1996; amended
in R96-10/R97-3/R97-5 at 22 Ill. Reg. 369, effective December 16, 1997; amended in R98-12
at 22 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL PROVISIONS
Section 725.101
Purpose, Scope and Applicability
a)
The purpose of this Part is to establish minimum standards that define the
acceptable management of hazardous waste during the period of interim status
and until certification of final closure or, if the facility is subject to post-closure
requirements, until post-closure responsibilities are fulfilled.
b)
Except as provided in Section 725.980(b), the standards in this Part and 35 Ill.
Adm. Code 724.652 and 724.653 apply to owners and operators of facilities
that treat, store, or dispose of hazardous waste that have fully complied with the
requirements for interim status under Section 3005(e) of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.) and 35 Ill.
Adm. Code 703, until either a permit is issued under Section 3005 of the
Resource Conservation and Recovery Act or Section 21(f) of the Environmental
Protection Act, or until applicable closure and post-closure responsibilities
under this Part are fulfilled, and to those owners and operators of facilities in
existence on November 19, 1980, that have failed to provide timely notification
as required by Section 3010(a) of RCRA or that have failed to file Part A of the
60
Permit Application, as required by 40 CFR 270.10(e) and (g) or 35 Ill. Adm.
Code 703.150 and 703.152. These standards apply to all treatment, storage, or
disposal of hazardous waste at these facilities after November 19, 1980, except
as specifically provided otherwise in this Part or 35 Ill. Adm. Code 721.
BOARD NOTE: As stated in Section 3005(a) of RCRA, after the effective date
of regulations under that Section (i.e., 40 CFR 270 and 124) the treatment,
storage, or disposal of hazardous waste is prohibited except in accordance with
a permit. Section 3005(e) of RCRA provides for the continued operation of an
existing facility that meets certain conditions until final administrative
disposition of the owner’s and operator’s permit application is made. 35 Ill.
Adm. Code 703.140 et seq. provide that a permit is deemed issued under
Section 21(f)(1) of the Environmental Protection Act under conditions similar to
federal interim status.
c)
The requirements of this Part do not apply to:
1)
A person disposing of hazardous waste by means of ocean disposal
subject to a permit issued under the Marine Protection, Research and
Sanctuaries Act (16 U.S.C. 1431-1434; 33 U.S.C. 1401);
BOARD NOTE: This Part applies to the treatment or storage of
hazardous waste before it is loaded into an ocean vessel for incineration
or disposal at sea, as provided in subsection (b) above.
3)
The owner or operator of a POTW (publicly owned treatment works)
that treats, stores or disposes of hazardous waste;
BOARD NOTE: The owner or operator of a facility under subsections
(c)(1) through (c)(3) is subject to the requirements of 35 Ill. Adm. Code
724 to the extent they are included in a permit by rule granted to such a
person under 35 Ill. Adm. Code 702 and 703 or are required by 35 Ill.
Adm. Code 704.Subpart F.
5)
The owner or operator of a facility permitted, licensed, or registered by
Illinois to manage municipal or industrial solid waste, if the only
hazardous waste the facility treats, stores, or disposes of is excluded
from regulation under this Part by 35 Ill. Adm. Code 721.105;
6)
The owner or operator of a facility managing recyclable materials
described in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4), except to
the extent that requirements of this Part are referred to in 35 Ill. Adm.
Code 726.Subparts C, F, G, or H or 35 Ill. Adm. Code 739;
61
7)
A generator accumulating waste on-site in compliance with 35 Ill. Adm.
Code 722.134, except to the extent the requirements are included in 35
Ill. Adm. Code 722.134;
8)
A farmer disposing of waste pesticides from the farmer’s own use in
compliance with 35 Ill. Adm. Code 722.170;
9)
The owner or operator of a totally enclosed treatment facility, as defined
in 35 Ill. Adm. Code 720.110;
10)
The owner or operator of an elementary neutralization unit or a
wastewater treatment unit as defined in 35 Ill. Adm. Code 720.110,
provided that if the owner or operator is diluting hazardous ignitable
(D001) wastes (other than the D001 High TOC Subcategory defined in
35 Ill. Adm. Code 728.Table T) or reactive (D003) waste in order to
remove the characteristic before land disposal, the owner or operator
must comply with the requirements set out in Section 725.117(b);
11)
Immediate response:
A)
Except as provided in subsection (c)(11)(B) below, a person
engaged in treatment or containment activities during immediate
response to any of the following situations:
i)
A discharge of a hazardous waste;
ii)
An imminent and substantial threat of a discharge of a
hazardous waste;
iii)
A discharge of a material that becomes a hazardous waste
when discharged.
B)
An owner or operator of a facility otherwise regulated by this
Part must comply with all applicable requirements of
725.Subparts C and D.
C)
Any person that is covered by subsection (c)(11)(A) above that
continues or initiates hazardous waste treatment or containment
activities after the immediate response is over is subject to all
applicable requirements of this Part and 35 Ill. Adm. Code 702,
703, and 705 for those activities;
12)
A transporter storing manifested shipments of hazardous waste in
containers meeting the requirements of 35 Ill. Adm. Code 722.130 at a
transfer facility for a period of ten days or less;
62
13)
The addition of absorbent material to waste in a container (as defined in
35 Ill. Adm. Code 720.110) or the addition of waste to the absorbent
material in a container, provided that these actions occur at the time that
the waste is first placed in the containers and Sections 725.117(b),
725.271, and 725.272 are complied with;
14)
A universal waste handler or universal waste transporter (as defined in
35 Ill. Adm. Code 720.110) that handles any of the wastes listed below
is subject to regulation under 35 Ill. Adm. Code 733 when handling the
following universal wastes:
A)
Batteries, as described in 35 Ill. Adm. Code 733.102;
B)
Pesticides, as described in 35 Ill. Adm. Code 733.103; and
C)
Thermostats, as described in 35 Ill. Adm. Code 733.104; and.
D)
Mercury-containing lamps, as described in 35 Ill. Adm. Code
733.107.
BOARD NOTE: Subsection (c)(14)(D) of this Section was added
pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
d)
The following hazardous wastes must not be managed at facilities subject to
regulation under this Part: hazardous waste numbers F020, F021, F022, F023,
F026, or F027 unless:
1)
The wastewater treatment sludge is generated in a surface impoundment
as part of the plant’s wastewater treatment system;
2)
The waste is stored in tanks or containers;
3)
The waste is stored or treated in waste piles that meet the requirements
of 35 Ill. Adm. Code 724.350(c) and all other applicable requirements
of 725.Subpart L;
4)
The waste is burned in incinerators that are certified pursuant to the
standards and procedures in Section 725.452; or
5)
The waste is burned in facilities that thermally treat the waste in a device
other than an incinerator and that are certified pursuant to the standards
and procedures in Section 725.483.
63
e)
This Part applies to owners and operators of facilities that treat, store, or
dispose of hazardous wastes referred to in 35 Ill. Adm. Code 728, and the 35
Ill. Adm. Code 728 standards are considered material conditions or
requirements of the interim status standards of this Part.
f)
Other bodies of regulations may apply a person, facility, or activity, such as 35
Ill. Adm. Code 809 (special waste hauling), 35 Ill. Adm. Code 807 or 810
through 817 (solid waste landfills), 35 Ill. Adm. Code 848 or 849 (used and
scrap tires), or 35 Ill. Adm. Code 1420 through 1422 (potenyially potentially
infectious medical waste), depending on the provisions of those other
regulations.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 728
LAND DISPOSAL RESTRICTIONS
SUBPART A: GENERAL
Section
728.101
Purpose, Scope and Applicability
728.102
Definitions
728.103
Dilution Prohibited as a Substitute for Treatment
728.104
Treatment Surface Impoundment Exemption
728.105
Procedures for case-by-case Extensions to an Effective Date
728.106
Petitions to Allow Land Disposal of a Waste Prohibited under Subpart C
728.107
Waste Analysis and Recordkeeping
728.108
Landfill and Surface Impoundment Disposal Restrictions (Repealed)
728.109
Special Rules for Characteristic Wastes
SUBPART B: SCHEDULE FOR LAND DISPOSAL PROHIBITION AND
ESTABLISHMENT OF TREATMENT STANDARDS
Section
728.110
First Third
728.111
Second Third
728.112
Third Third
728.113
Newly Listed Wastes
728.114
Surface Impoundment exemptions
SUBPART C: PROHIBITION ON LAND DISPOSAL
Section
64
728.130
Waste Specific Prohibitions -- Solvent Wastes
728.131
Waste Specific Prohibitions -- Dioxin-Containing Wastes
728.132
Waste Specific Prohibitions -- California List Wastes
728.133
Waste Specific Prohibitions: First Third Wastes
728.134
Waste Specific Prohibitions -- Second Third Wastes
728.135
Waste Specific Prohibitions -- Third Third Wastes
728.136
Waste Specific Prohibitions -- Newly Listed Wastes
728.137
Waste Specific Prohibitions -- Ignitable and Corrosive Characteristic Wastes
Whose Treatment Standards Were Vacated
728.138
Waste-Specific Prohibitions: Newly-Identified Organic Toxicity Characteristic
Wastes and Newly-Listed Coke By-Product and Chlorotoluene Production
Wastes
728.139
Statutory Prohibitions
SUBPART D: TREATMENT STANDARDS
Section
728.140
Applicability of Treatment Standards
728.141
Treatment Standards Expressed as Concentrations in Waste Extract
728.142
Treatment Standards Expressed as Specified Technologies
728.143
Treatment Standards Expressed as Waste Concentrations
728.144
Adjustment of Treatment Standard
728.145
Treatment Standards for Hazardous Debris
728.146
Alternative Treatment Standards Based on HTMR
728.148
Universal Treatment Standards
SUBPART E: PROHIBITIONS ON STORAGE
Section
728.150
Prohibitions on Storage of Restricted Wastes
728.Appendix A
Toxicity Characteristic Leaching Procedure (TCLP)
728.Appendix B
Treatment Standards (As concentrations in the Treatment Residual
Extract)
728.Appendix C
List of Halogenated Organic Compounds
728.Appendix D
Wastes Excluded from Lab Packs
728.Appendix E
Organic Lab Packs (Repealed)
728.Appendix F
Technologies to Achieve Deactivation of Characteristics
728.Appendix G
Federal Effective Dates
728.Appendix H
National Capacity LDR Variances for UIC Wastes
728.Appendix I
EP Toxicity Test Method and Structural Integrity Test
728.Appendix J
Recordkeeping, Notification, and Certification Requirements
728.Table A
Constituent Concentrations in Waste Extract (CCWE)
728.Table B
Constituent Concentrations in Wastes (CCW)
728.Table C
Technology Codes and Description of Technology-Based Standards
728.Table D
Technology-Based Standards by RCRA Waste Code
65
728.Table E
Standards for Radioactive Mixed Waste
728.Table F
Alternative Treatment Standards for Hazardous Debris
728.Table G
Alternative Treatment Standards Based on HMTR
728.Table H
Wastes Excluded from CCW Treatment Standards
728.Table T
Treatment Standards for Hazardous Wastes
728.Table U
Universal Treatment Standards (UTS)
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
SOURCE: Adopted in R87-5 at 11 Ill. Reg. 19354, effective November 12, 1987; amended
in R87-39 at 12 Ill. Reg. 13046, effective July 29, 1988; amended in R89-1 at 13 Ill. Reg.
18403, effective November 13, 1989; amended in R89-9 at 14 Ill. Reg. 6232, effective April
16, 1990; amended in R90-2 at 14 Ill. Reg. 14470, effective August 22, 1990; amended in
R90-10 at 14 Ill. Reg. 16508, effective September 25, 1990; amended in R90-11 at 15 Ill.
Reg. 9462, effective June 17, 1991; amendment withdrawn at 15 Ill. Reg. 14716, October 11,
1991; amended in R91-13 at 16 Ill. Reg. 9619, effective June 9, 1992; amended in R92-10 at
17 Ill. Reg. 5727, effective March 26, 1993; amended in R93-4 at 17 Ill. Reg. 20692,
effective November 22, 1993; amended in R93-16 at 18 Ill. Reg. 6799, effective April 26,
1994; amended in R94-7 at 18 Ill. Reg. 12203, effective July 29, 1994; amended in R94-17 at
18 Ill. Reg. 17563, effective November 23, 1994; amended in R95-6 at 19 Ill. Reg. 9660,
effective June 27, 1995; amended in R95-20 at 20 Ill. Reg. 11100, August 1, 1996; amended
in R96-10/R97-3/R97-5 at 22 Ill. Reg. 783, effective December 16, 1997; amended in R98-12
at 22 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL
Section 728.101
Purpose, Scope and Applicability
a)
This Part identifies hazardous wastes that are restricted from land disposal and
defines those limited circumstances under which an otherwise prohibited waste
may continue to be land disposed.
b)
Except as specifically provided otherwise in this Part or 35 Ill. Adm. Code 721,
the requirements of this Part apply to persons that generate or transport
hazardous waste and to owners and operators of hazardous waste treatment,
storage, and disposal facilities.
c)
Restricted wastes may continue to be land disposed as follows:
1)
Where persons have been granted an extension to the effective date of a
prohibition under Subpart C or pursuant to Section 728.105, with respect
to those wastes covered by the extension;
66
2)
Where persons have been granted an exemption from a prohibition
pursuant to a petition under Section 728.106, with respect to those
wastes and units covered by the petition;
3)
Wastes that are hazardous only because they exhibit a hazardous
characteristic and that are otherwise prohibited from land disposal under
this Part are not prohibited from land disposal if the wastes:
A)
Are disposed into a nonhazardous or hazardous waste injection
well, as defined in 35 Ill. Adm. Code 704.106(a);
B)
Do not exhibit any prohibited characteristic of hazardous waste at
the point of injection; and
C)
If, at the point of generation, the injected wastes include D001
High TOC subcategory wastes or D012-D017 pesticide wastes
that are prohibited under Section 728.117(c), those wastes have
been treated to meet the treatment standards of Section 728.140
prior to injection.
d)
This Part does not affect the availability of a waiver under Section 121(d)(4) of
the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA) (42 U.S.C. §§ 9601 et seq.).
e)
The following hazardous wastes are not subject to any provision of this Part:
1)
Wastes generated by small quantity generators of less than 100 kg of
non-acute hazardous waste or less than 1 kg of acute hazardous waste per
month, as defined in 35 Ill. Adm. Code 721.105;
2)
Waste pesticides that a farmer disposes of pursuant to 35 Ill. Adm. Code
722.170;
3)
Wastes identified or listed as hazardous after November 8, 1984, for
which USEPA has not promulgated land disposal prohibitions or
treatment standards;
4)
De minimis losses to wastewater treatment systems of commercial
chemical product or chemical intermediates that are ignitable (D001) or
corrosive (D002) or that are organic constituents that exhibit the
characteristic of toxicity (D012-D043) and that contain underlying
hazardous constituents, as defined in Section 728.102 of this Part, are
not considered to be prohibited wastes. “De minimis” is defined as
losses from normal material handling operations (e.g., spills from the
unloading or transfer of materials from bins or other containers or leaks
67
from pipes, valves, or other devices used to transfer materials); minor
leaks of process equipment, storage tanks, or containers; leaks from
well-maintained pump packings and seals; sample purging; relief device
discharges; discharges from safety showers and rinsing and cleaning of
personal safety equipment; and rinsate from empty containers or from
containers that are rendered empty by that rinsing;
5)
Land disposal prohibitions for hazardous characteristic wastes do not
apply to laboratory wastes displaying the characteristic of ignitability
(D001), corrosivity (D002), or organic toxicity (D012 through D043)
that are mixed with other plant wastewaters at facilities whose ultimate
discharge is subject to regulation under the CWA (including wastewaters
at facilities that have eliminated the discharge of wastewater), provided
that the annualized flow of laboratory wastewater into the facility’s
headwork does not exceed one percent or that the laboratory wastes’
combined annualized average concentration does not exceed one part per
million in the facility’s headworks.
f)
A universal waste handler or universal waste transporter (as defined in 35 Ill.
Adm. Code 720.110) is exempt from Sections 728.107 and 268.150 for the
hazardous wastes listed below. Such a handler or transporter is subject to
regulation under 35 Ill. Adm. Code 733.
1)
Batteries, as described in 35 Ill. Adm. Code 733.102;
2)
Pesticides, as described in 35 Ill. Adm. Code 733.103; and
3)
Thermostats, as described in 35 Ill. Adm. Code 733.104; and.
4)
Mercury-containing lamps, as described in 35 Ill. Adm. Code 733.107.
BOARD NOTE: Subsection (f)(4) of this Section was added pursuant to
Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,
effective August 19, 1997).
g)
This Part is cumulative with the land disposal restrictions of 35 Ill. Adm. Code
729. The Environmental Protection Agency (Agency) shall not issue a
wastestream authorization pursuant to 35 Ill. Adm. Code 709 or Sections 22.6
or 39(h) of the Environmental Protection Act [415 ILCS 5/22.6 or 39(h)] unless
the waste meets the requirements of this Part as well as 35 Ill. Adm. Code 729.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
68
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 733
STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
SUBPART A: GENERAL
Section
733.101
Scope
733.102
Applicability—Batteries
733.103
Applicability—Pesticides
733.104
Applicability—Mercury Thermostats
733.105
Applicability—Household and Conditionally Exempt Small Quantity Generator
Waste
733.106
Definitions
733.107
Applicability—Mercury-Containing Lamps
SUBPART B: STANDARDS FOR SMALL QUANTITY HANDLERS
Section
733.110
Applicability
733.111
Prohibitions
733.112
Notification
733.113
Waste Management
733.114
Labeling and Marking
733.115
Accumulation Time Limits
733.116
Employee Training
733.117
Response to Releases
733.118
Off-Site Shipments
733.119
Tracking Universal Waste Shipments
733.120
Exports
SUBPART C: STANDARDS FOR LARGE QUANTITY HANDLERS
Section
733.130
Applicability
733.131
Prohibitions
733.132
Notification
733.133
Waste Management
733.134
Labeling and Marking
733.135
Accumulation Time Limits
733.136
Employee Training
733.137
Response to Releases
733.138
Off-Site Shipments
733.139
Tracking Universal Waste Shipments
733.140
Exports
69
SUBPART D: STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS
Section
733.150
Applicability
733.151
Prohibitions
733.152
Waste Management
733.153
Accumulation Time Limits
733.154
Response to Releases
733.155
Off-site Shipments
733.156
Exports
SUBPART E: STANDARDS FOR DESTINATION FACILITIES
Section
733.160
Applicability
733.161
Off-Site Shipments
733.162
Tracking Universal Waste Shipments
SUBPART F: IMPORT REQUIREMENTS
Section
733.170
Imports
SUBPART G: PETITIONS TO INCLUDE OTHER WASTES
Section
733.180
General
733.181
Factors for Petitions to Include Other Wastes
AUTHORITY: Implementing Sections 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/22.4, 22.23a, and 27].
SOURCE: Adopted in R95-20 at 20 Ill. Reg. 11291, effective August 1, 1996; amended in
R96-10/R97-3/R97-5 at 22 Ill. Reg. 944, effective December 16, 1997; amended in R98-12 at
22 Ill. Reg. ________, effective ______________________.
SUBPART A: GENERAL
Section 733.101
Scope
a)
This Part establishes requirements for managing the following:
1)
Batteries, as described in Section 733.102;
2)
Pesticides, as described in Section 733.103; and
3)
Thermostats, as described in Section; and.
70
4)
Mercury-containing lamps, as described in Section 733.107.
BOARD NOTE: Subsection (a)(4) of this Section was added pursuant to
Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,
effective August 19, 1997).
b)
This Part provides an alternative set of management standards in lieu of
regulation under 35 Ill. Adm. Code 702 through 705, 720 through 726, and
728.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.106
Definitions
“Battery” means a device consisting of one or more electrically connected
electrochemical cells which is designed to receive, store, and deliver electric
energy. An electrochemical cell is a system consisting of an anode, cathode,
and an electrolyte, plus such connections (electrical and mechanical) as may be
needed to allow the cell to deliver or receive electrical energy. The term battery
also includes an intact, unbroken battery from which the electrolyte has been
removed.
“Destination facility” means a facility that treats, disposes of, or recycles a
particular category of universal waste, except those management activities
described in Sections 733.113 (a) and (c) and 733.133 (a) and (c). A facility at
which a particular category of universal waste is only accumulated is not a
destination facility for purposes of managing that category of universal waste.
“Electric lamp” means the bulb or tube portion of a lighting device specifically
designed to produce radiant energy, most often in the ultraviolet, visible, and
infrared regions of the electromagnetic spectrum.
BOARD NOTE: The definition of “electric lamp” was added pursuant to
Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective
August 19, 1997).
“FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. §§ 136-136y).
“Generator” means any person, by site, whose act or process produces
hazardous waste identified or listed in 35 Ill. Adm. Code 721 or whose act first
causes a hazardous waste to become subject to regulation.
“Large quantity handler of universal waste” means a universal waste handler (as
defined in this Section) that accumulates 5,000 kilograms or more total of
universal waste (batteries, pesticides, or thermostats, or mercury-containing
lamps, calculated collectively) at any time. This designation as a large quantity
71
handler of universal waste is retained through the end of the calendar year in
which 5,000 kilograms or more total of universal waste is accumulated.
BOARD NOTE: Mercury-containing lamps were added pursuant to Section
22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,
1997).
“Mercury-containing lamp” means an electric lamp into which mercury is
purposely introduced by the manufacturer for the operation of the lamp.
Mercury-containing lamps include, but are not limited to, fluorescent lamps and
high-intensity discharge lamps.
BOARD NOTE: The definition of “mercury-containing lamp” was added
pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,
effective August 19, 1997).
“On-site” means the same or geographically contiguous property that may be
divided by public or private right-of-way, provided that the entrance and exit
between the properties is at a cross-roads intersection, and access is by crossing
as opposed to going along the right of way. Non-contiguous properties, owned
by the same person but connected by a right-of-way that that person controls
and to which the public does not have access, are also considered on-site
property.
“Pesticide” means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest or intended for use as a
plant regulator, defoliant, or desiccant, other than any article that fulfills one of
the following descriptions:
It is a new animal drug under Section 201(v) of the Federal Food, Drug
and Cosmetic Act (FFDCA; 21 U.S.C. § 321(v)), incorporated by
reference in Section 720.111,
It is an animal drug that has been determined by regulation of the federal
Secretary of Health and Human Services pursuant to FFDCA Section
360b(j), incorporated by reference in Section 720.111, to be an
exempted new animal drug, or
It is an animal feed under FFDCA Section 201(w) (21 U.S.C.
§ 321(w)), incorporated by reference in Section 720.111 that bears or
contains any substances described in either of the two preceding
paragraphs of this definition.
BOARD NOTE: The second exception of corresponding 40 CFR 273.6
reads as follows: “Is an animal drug that has been determined by
regulation of the Secretary of Health and Human Services not to be a
new animal drug”. This is very similar to the language of Section 2(u)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7
72
U.S.C. § 136(u)). The three exceptions, taken together, appear intended
not to include as “pesticide” any material within the scope of federal
Food and Drug Administration regulation. The Board codified this
provision with the intent of retaining the same meaning as its federal
counterpart while adding the definateness definiteness required under
Illinois law.
“Small quantity handler of universal waste” means a universal waste handler (as
defined in this Section) that does not accumulate more than 5,000 kilograms
total of universal waste (batteries, pesticides, or thermostats, or mercury-
containing lamps, calculated collectively) at any time.
BOARD NOTE: Mercury-containing lamps were added pursuant to Section
22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,
1997).
“Thermostat” means a temperature control device that contains metallic mercury
in an ampule attached to a bimetal sensing element and mercury-containing
ampules that have been removed from such a temperature control device in
compliance with the requirements of 35 Ill. Adm. Code 733.113(c)(2) or
733.133(c)(2).
“Universal waste” means any of the following hazardous wastes that are subject
to the universal waste requirements of this Part:
Batteries, as described in Section 733.102;
Pesticides, as described in Section 733.103; and
Thermostats, as described in Section 733.104; and.
Mercury-containing lamps, as described in Section 733.107.
BOARD NOTE: Mercury-containing lamps were added as universal
waste pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
“Universal waste handler” means either of the following:
A generator (as defined in this Section) of universal waste; or
The owner or operator of a facility, including all contiguous property,
that receives universal waste from other universal waste handlers,
accumulates universal waste, and sends universal waste to another
universal waste handler, to a destination facility, or to a foreign
destination.
73
“Universal waste handler” does not mean:
A person that treats (except under the provisions of Section
733.113(a) or (c) or 733.133(a) or (c)), disposes of, or recycles
universal waste; or
A person engaged in the off-site transportation of universal waste
by air, rail, highway, or water, including a universal waste
transfer facility.
“Universal waste transfer facility” means any transportation-related facility
including loading docks, parking areas, storage areas and other similar areas
where shipments of universal waste are held during the normal course of
transportation for ten days or less.
“Universal waste transporter” means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.107
Applicability--Mercury-Containing Lamps
a)
Mercury-containing lamps covered under this Part. The requirements of this
Part apply to persons managing mercury-containing lamps, except those listed in
subsection (b) of this Section.
b)
Mercury-containing lamps not covered under this Part. The requirements of
this Part do not apply to persons managing the following mercury-containing
lamps:
1)
Mercury-containing lamps that are not yet wastes under 35 Ill. Adm.
Code 721, including those that do not meet the criteria for waste
generation in subsection (c) of this Section.
2)
Mercury-containing lamps that are not hazardous waste. A mercury-
containing lamp is not a hazardous waste if it does not exhibit one or
more of the characteristics identified in 35 Ill. Adm. Code 721.Subpart
C.
c)
Generation of waste mercury-containing lamps.
1)
A used mercury-containing lamp becomes a waste on the date the
handler permanently removes it from its fixture.
74
2)
An unused mercury-containing lamp becomes a waste on the date the
handler decides to discard it.
BOARD NOTE: Section 733.107 was added pursuant to Section 22.23a
of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,
1997).
(Source: Added at 22 Ill. Reg. ________, effective ______________________)
SUBPART B: STANDARDS FOR SMALL QUANTITY HANDLERS
Section 733.113
Waste Management
a)
Universal waste batteries. A small quantity handler of universal waste shall
manage universal waste batteries in a way that prevents releases of any universal
waste or component of a universal waste to the environment, as follows:
1)
A small quantity handler of universal waste shall contain any universal
waste battery that shows evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions in a
container. The container must be closed, structurally sound, compatible
with the contents of the battery, and must lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
2)
A small quantity handler of universal waste may conduct the following
activities, as long as the casing of each individual battery cell is not
breached and remains intact and closed (except that cells may be opened
to remove electrolyte but must be immediately closed after removal):
A)
Sorting batteries by type;
B)
Mixing battery types in one container;
C)
Discharging batteries so as to remove the electric charge;
D)
Regenerating used batteries;
E)
Disassembling batteries or battery packs into individual batteries
or cells;
F)
Removing batteries from consumer products; or
75
G)
Removing electrolyte from batteries.
3)
A small quantity handler of universal waste that removes electrolyte
from batteries, or that generates other solid waste (e.g., battery pack
materials, discarded consumer products) as a result of the activities listed
above, shall determine whether the electrolyte or other solid waste
exhibits a characteristic of hazardous waste identified in 35 Ill. Adm.
Code 721.Subpart C.
A)
If the electrolyte or other solid waste exhibits a characteristic of
hazardous waste, it is subject to all applicable requirements of 35
Ill. Adm. Code 702 through 705, 720 through 726, and 728.
The handler is considered the generator of the hazardous
electrolyte or other waste and is subject to 35 Ill. Adm. Code
722.
B)
If the electrolyte or other solid waste is not hazardous, the
handler may manage the waste in any way that is in compliance
with applicable federal, state, or local solid (nonhazardous) waste
regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code
807 through 817 to determine whether additional facility siting,
special waste, or nonhazardous waste landfillsregulations apply to
the waste. Consult the ordinances of relevant units of local
government to determine whether local requirements apply.
b)
Universal waste pesticides. A small quantity handler of universal waste shall
manage universal waste pesticides in a way that prevents releases of any
universal waste or component of a universal waste to the environment. The
universal waste pesticides must be contained in one or more of the following:
1)
A container that remains closed, structurally sound, compatible with the
pesticide, and that lacks evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions;
2)
A container that does not meet the requirements of subsection (b)(1)
above, provided that the unacceptable container is overpacked in a
container that does meet the requirements of subsection (b)(1);
3)
A tank that meets the requirements of 35 Ill. Adm. Code 725.Subpart J,
except for 35 Ill. Adm. Code 725.297(c), 265.300, and 265.301; or
4)
A transport vehicle or vessel that is closed, structurally sound,
compatible with the pesticide, and that lacks evidence of leakage,
76
spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
c)
Universal waste thermostats. A small quantity handler of universal waste shall
manage universal waste thermostats in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
1)
A small quantity handler of universal waste shall contain any universal
waste thermostat that shows evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions in a
container. The container must be closed, structurally sound, compatible
with the contents of the thermostat, and must lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
2)
A small quantity handler of universal waste may remove mercury-
containing ampules from universal waste thermostats provided the
handler follows each of the following procedures:
A)
It removes the ampules in a manner designed to prevent breakage
of the ampules;
B)
It removes ampules only over or in a containment device (e.g.,
tray or pan sufficient to collect and contain any mercury released
from an ampule in case of breakage);
C)
It ensures that a mercury clean-up system is readily available to
immediately transfer any mercury resulting from spills or leaks
from broken ampules, from the containment device to a container
that meets the requirements of 35 Ill. Adm. Code 722.134;
D)
It immediately transfers any mercury resulting from spills or
leaks from broken ampules from the containment device to a
container that meets the requirements of 35 Ill. Adm. Code
722.134;
E)
It ensures that the area in which ampules are removed is well
ventilated and monitored to ensure compliance with applicable
OSHA exposure levels for mercury;
F)
It ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment
devices to appropriate containers;
77
G)
It stores removed ampules in closed, non-leaking containers that
are in good condition;
H)
It packs removed ampules in the container with packing materials
adequate to prevent breakage during storage, handling, and
transportation.
3)
Required hazardous waste determination and further waste management.
A)
A small quantity handler of universal waste that removes
mercury-containing ampules from thermostats shall determine
whether the following exhibit a characteristic of hazardous waste
identified in 35 Ill. Adm. Code 721.Subpart C:
i)
Mercury or clean-up residues resulting from spills or
leaks; or
ii)
Other solid waste generated as a result of the removal of
mercury-containing ampules (e.g., remaining thermostat
units).
B)
If the mercury, residues, or other solid waste exhibits a
characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code
702 through 705, 720 through 726, and 728. The handler is
considered the generator of the mercury, residues, or other waste
and shall manage it is subject to 35 Ill. Adm. Code 722.
C)
If the mercury, residues, or other solid waste is not hazardous,
the handler may manage the waste in any way that is in
compliance with applicable federal, state, or local solid
(nonhazardous) waste regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code
807 through 817 to determine whether additional facility siting,
special waste, or nonhazardous waste landfillsregulations apply to
the waste. Consult the ordinances of relevant units of local
government to determine whether local requirements apply.
d)
Universal waste mercury-containing lamps. A small quantity handler of
universal waste shall manage universal waste mercury-containing lamps in a
manner that prevents releases of any universal waste or component of a
universal waste to the environment, as follows:
78
1)
A small quantity handler of universal waste mercury-containing lamps
shall, at all times:
A)
Contain unbroken lamps in packaging that will minimize
breakage during normal handling conditions; and
B)
Contain broken lamps in packaging that will prevent releases of
lamp fragments and residues.
2)
A small quantity handler of universal waste mercury-containing lamps
shall, at all times, manage waste lamps in a manner designed to
minimize lamp breakage.
3)
A small quantity handler of universal waste mercury-containing lamps
shall immediately contain all releases of lamp fragments and residues
from broken lamps.
4)
A small quantity handler of universal wastes shall undertake hazardous
waste determination and further waste management as follows:
A)
A small quantity handler of universal waste mercury-containing
lamps shall determine whether the following exhibit a
characteristic of hazardous waste identified in 35 Ill. Adm. Code
721.Subpart C:
i)
Any materials resulting from a release;
ii)
Clean-up residues from spills or breakage; or
iii)
Other solid waste generated as a result of handling waste
lamps.
B)
If the material, residue, or other solid waste exhibits a
characteristic of hazardous waste, it shall be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code
702 through 705, 720 through 726, and 728. The handler is
considered to be the generator of the material, residue, or other
hazardous waste and shall manage it in accordance with 35 Ill.
Adm. Code 722.
C)
If the material, residue, or other solid waste is not hazardous, the
handler may manage the waste in any manner that is in
compliance with applicable federal, State, or local solid
(nonhazardous) waste regulations.
79
5)
Small quantity handlers of mercury containing universal waste lamps
may treat mercury containing lamps for volume reduction at the site
where they were generated under the following conditions:
A)
The lamps must be crushed in a closed system designed and
operated in such a manner that any emission of mercury from the
crushing system shall not exceed 0.1 mg/m
3
when measured on
the basis of time weighted average over an 8-hour period;
B)
The handler must provide notification of crushing activity to the
Agency quarterly, in a form as provided by the Agency. Such
notification must include the following information:
i)
Name and address of the handler;
ii)
Estimated monthly amount of lamps crushed; and
iii)
The technology employed for crushing, including any
certification or testing data provided by the manufacturer
of the crushing unit verifying that the crushing device
achieves the emission controls required in subsection
(d)(5)(A) of this Section;
C)
The handler immediately transfers any material recovered from a
spill or leak to a container that meets the requirements of 40 CFR
262.34, and has available equipment necessary to comply with
this requirement;
D)
The handler ensures that the area in which the lamps are crushed
is well-ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
E)
The handler ensures that employees crushing lamps are
thoroughly familiar with proper waste mercury handling and
emergency procedures, including transfer of mercury from
containment devices to appropriate containers; and
F)
The crushed lamps are stored in closed, non-leaking containers
that are in good condition (e.g., no severe rusting, apparent
structural defects or deterioration), suitable to prevent releases
during storage, handling and transportation.
BOARD NOTE: Subsection (d) of this Section was added
pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
80
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.114
Labeling and Marking
A small quantity handler of universal waste shall label or mark the universal waste to identify
the type of universal waste as follows:
a)
Universal waste batteries (i.e., each battery) or a container in which the
batteries are contained must be labeled or marked clearly with any one of the
following phrases: “Universal Waste-Battery(ies)”, “Waste Battery(ies)”, or
“Used Battery(ies)”;
b)
A container (or multiple container package unit), tank, transport vehicle, or
vessel in which recalled universal waste pesticides, as described in Section
733.103(a)(1), are contained must be labeled or marked clearly as follows:
1)
The label that was on or accompanied the product as sold or distributed;
and
2)
The words “Universal Waste-Pesticide(s)” or “Waste-Pesticide(s)”;
c)
A container, tank, or transport vehicle, or vessel in which unused pesticide
products, as described in Section 733.103(a)(2), are contained must be labeled
or marked clearly as follows:
(1)
Pesticide labeling:
A)
The label that was on the product when purchased, if still legible;
B)
If using the labels described in subsection (c)(1)(A) above is not
feasible, the appropriate label as required under USDOT
regulation 49 CFR 172; or
C)
If using the labels described in subsections (c)(1)(A) and
(c)(1)(B) above is not feasible, another label prescribed or
designated by the waste pesticide collection program administered
or recognized by a state; and
2)
The words “Universal Waste-Pesticide(s)” or “Waste-Pesticide(s)”; and
d)
Universal waste thermostats (i.e., each thermostat) or a container in which the
thermostats are contained must be labeled or marked clearly with any one of the
following phrases: “Universal Waste-Mercury Thermostat(s)”, or “Waste
Mercury Thermostat(s)”, or “Used Mercury Thermostat(s)”; and.
81
e)
Universal waste mercury-containing lamps or a container in which the lamps are
contained shall be labeled or clearly marked with any one of the following
phrases: “Universal Waste--Mercury-Containing Lamp(s)”, “Waste Mercury-
Containing Lamp(s)” or “Used Mercury-Containing Lamp(s)”.
BOARD NOTE: Subsection (e) of this Section was added pursuant to Section
22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,
1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.118
Off-Site Shipments
a)
A small quantity handler of universal waste is prohibited from sending or taking
universal waste to a place other than another universal waste handler, a
destination facility, or a foreign destination.
b)
If a small quantity handler of universal waste self-transports universal waste off-
site, the handler becomes a universal waste transporter for those self-
transportation activities and shall comply with the transporter requirements of
733.Subpart D while transporting the universal waste.
c)
If a universal waste being offered for off-site transportation meets the definition
of hazardous materials under 49 CFR 171 through 180, a small quantity handler
of universal waste shall package, label, mark, and placard the shipment and
prepare the proper shipping papers in accordance with the applicable USDOT
regulations under 49 CFR 172 through 180.
d)
Prior to sending a shipment of universal waste to another universal waste
handler, the originating handler shall ensure that the receiving handler agrees to
receive the shipment.
e)
If a small quantity handler of universal waste sends a shipment of universal
waste to another handler or to a destination facility and the shipment is rejected
by the receiving handler or destination facility, the originating handler shall
either:
1)
Receive the waste back when notified that the shipment has been
rejected, or
2)
Agree with the receiving handler on a destination facility to which the
shipment will be sent.
f)
A small quantity handler of universal waste may reject a shipment containing
universal waste or a portion of a shipment containing universal waste that it has
received from another handler. If a handler rejects a shipment or a portion of a
82
shipment, it shall contact the originating handler to notify the originating
handler of the rejection and to discuss reshipment of the load. The handler shall
perform either of the following actions:
1)
Send the shipment back to the originating handler, or
2)
If agreed to by both the originating and receiving handler, send the
shipment to a destination facility.
g)
If a small quantity handler of universal waste receives a shipment containing
hazardous waste that is not a universal waste, the handler shall immediately
notify the Agency (Bureau of Land, Illinois EPA, 10021 North Grand Avenue
East, P.O. Box 19276, Springfield, Illinois 62794-9276 (telephone: 217-782-
6761)) of the illegal shipment, and provide the name, address, and phone
number of the originating shipper. The Agency will provide instructions for
managing the hazardous waste.
h)
If a small quantity handler of universal waste receives a shipment of non-
hazardous, non-universal waste, the handler may manage the waste in any way
that is in compliance with applicable federal, state, or local solid (nonhazardous)
waste regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807 through 817
to determine whether additional facility siting, special waste, or nonhazardous
waste landfillsregulations apply to the waste. Consult the ordinances of relevant
units of local government to determine whether local requirements apply.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
SUBPART C: STANDARDS FOR LARGE QUANTITY HANDLERS
Section 733.132
Notification
a)
Written notification of universal waste management.
1)
Except as provided in subsections (a)(2) and (a)(3) below, a large
quantity handler of universal waste shall have sent written notification of
universal waste management to the Agency, and received a USEPA
Identification Number, before meeting or exceeding the 5,000 kilogram
storage limit.
2)
A large quantity handler of universal waste that has already notified
USEPA or the Agency of its hazardous waste management activities and
83
has received a USEPA Identification Number is not required to renotify
under this Section.
3)
A large quantity handler of universal waste that manages recalled
universal waste pesticides, as described in Section 733.103(a)(1), and
that has sent notification to USEPA or the Agency, as required by 40
CFR 165, is not required to notify for those recalled universal waste
pesticides under this Section.
b)
This notification must include:
1)
The universal waste handler’s name and mailing address;
2)
The name and business telephone number of the person at the universal
waste handler’s site who should be contacted regarding universal waste
management activities;
3)
The address or physical location of the universal waste management
activities;
4)
A list of all of the types of universal waste managed by the handler (e.g,
batteries, pesticides, thermostats, and mercury-containing lamps);
5)
A statement indicating that the handler is accumulating more than 5,000
kilograms of universal waste at one time and the types of universal waste
(e.g, batteries, pesticides, thermostats, mercury-containing lamps) the
handler is accumulating above this quantity.
BOARD NOTE: At 60 Fed. Reg. 25520-21 (May 11, 1995), USEPA
explained that the generator or consolidation point may use USEPA Form 8700-
12 for notification. (To obtain USEPA Form 8700-12 call the Agency at 217-
782-6761).) USEPA further explained that it is not necessary for the handler to
aggregate the amounts of waste at multiple non-contiguous sites for the purposes
of the 5,000 kilogram determination. Mercury-containing lamps were added as
universal waste pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.133
Waste Management
a)
Universal waste batteries. A large quantity handler of universal waste shall
manage universal waste batteries in a way that prevents releases of any universal
waste or component of a universal waste to the environment, as follows:
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1)
A large quantity handler of universal waste shall contain any universal
waste battery that shows evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions in a
container. The container must be closed, structurally sound, compatible
with the contents of the battery, and must lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
2)
A large quantity handler of universal waste may conduct the following
activities, as long as the casing of each individual battery cell is not
breached and remains intact and closed (except that cells may be opened
to remove electrolyte but must be immediately closed after removal):
A)
Sorting batteries by type;
B)
Mixing battery types in one container;
C)
Discharging batteries so as to remove the electric charge;
D)
Regenerating used batteries;
E)
Disassembling batteries or battery packs into individual batteries
or cells;
F)
Removing batteries from consumer products; or
G)
Removing electrolyte from batteries.
3)
A large quantity handler of universal waste that removes electrolyte from
batteries or that generates other solid waste (e.g., battery pack materials,
discarded consumer products) as a result of the activities listed above
shall determine whether the electrolyte or other solid waste exhibits a
characteristic of hazardous waste identified in 35 Ill. Adm. Code
721.Subpart C.
A)
If the electrolyte or other solid waste exhibits a characteristic of
hazardous waste, it must be managed in compliance with all
applicable requirements of 35 Ill. Adm. Code 702 through 705,
720 through 726, and 728. The handler is considered the
generator of the hazardous electrolyte or other waste and is
subject to 35 Ill. Adm. Code 722.
B)
If the electrolyte or other solid waste is not hazardous, the
handler may manage the waste in any way that is in compliance
85
with applicable federal, state or local solid (nonhazardous) waste
regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code
807 through 817 to determine whether additional facility siting,
special waste, or nonhazardous waste landfillsregulations apply to
the waste. Consult the ordinances of relevant units of local
government to determine whether local requirements apply.
b)
Universal waste pesticides. A large quantity handler of universal waste shall
manage universal waste pesticides in a way that prevents releases of any
universal waste or component of a universal waste to the environment. The
universal waste pesticides must be contained in one or more of the following:
1)
A container that remains closed, structurally sound, compatible with the
pesticide, and that lacks evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions;
2)
A container that does not meet the requirements of subsection (b)(1)
above, provided that the unacceptable container is overpacked in a
container that does meet the requirements of subsection (b)(1);
3)
A tank that meets the requirements of 35 Ill. Adm. Code 725.Subpart J,
except for 35 Ill. Adm. Code 725.297(c), 725.300, and 725.301; or
4)
A transport vehicle or vessel that is closed, structurally sound,
compatible with the pesticide, and that lacks evidence of leakage,
spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
c)
Universal waste thermostats. A large quantity handler of universal waste shall
manage universal waste thermostats in a way that prevents releases of any
universal waste or component of a universal waste to the environment, as
follows:
1)
A large quantity handler of universal waste shall contain any universal
waste thermostat that shows evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions in a
container. The container must be closed, structurally sound, compatible
with the contents of the thermostat, and must lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably
foreseeable conditions.
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2)
A large quantity handler of universal waste may remove mercury-
containing ampules from universal waste thermostats provided the
handler follows each of the following procedures:
A)
It removes the ampules in a manner designed to prevent breakage
of the ampules;
B)
It removes ampules only over or in a containment device (e.g.,
tray or pan sufficient to collect and contain any mercury released
from an ampule in case of breakage);
C)
It ensures that a mercury clean-up system is readily available to
immediately transfer any mercury resulting from spills or leaks
from broken ampules, from the containment device to a container
that meets the requirements of 35 Ill. Adm. Code 722.134;
D)
It immediately transfers any mercury resulting from spills or
leaks from broken ampules from the containment device to a
container that meets the requirements of 35 Ill. Adm. Code
722.134;
E)
It ensures that the area in which ampules are removed is well
ventilated and monitored to ensure compliance with applicable
OSHA exposure levels for mercury;
F)
It ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment
devices to appropriate containers;
G)
It stores removed ampules in closed, non-leaking containers that
are in good condition;
H)
It packs removed ampules in the container with packing materials
adequate to prevent breakage during storage, handling, and
transportation.
3)
Required hazardous waste determination and further waste management.
A)
A large quantity handler of universal waste that removes
mercury-containing ampules from thermostats shall determine
whether the following exhibit a characteristic of hazardous waste
identified in 35 Ill. Adm. Code 721.Subpart C:
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i)
Mercury or clean-up residues resulting from spills or
leaks; or
ii)
Other solid waste generated as a result of the removal of
mercury-containing ampules (e.g., remaining thermostat
units).
B)
If the mercury, residues, or other solid waste exhibits a
characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code
702 through 705, 720 through 726, and 728. The handler is
considered the generator of the mercury, residues, or other waste
and is subject to 35 Ill. Adm. Code 722.
C)
If the mercury, residues, or other solid waste is not hazardous,
the handler may manage the waste in any way that is in
compliance with applicable federal, state or local solid
(nonhazardous) waste regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code
807 through 817 to determine whether additional facility siting,
special waste, or nonhazardous waste landfillsregulations apply to
the waste. Consult the ordinances of relevant units of local
government to determine whether local requirements apply.
d)
Universal waste mercury-containing lamps. A large quantity handler of
universal waste shall manage universal waste mercury-containing lamps in a
manner that prevents releases of any universal waste or component of a
universal waste to the environment, as follows:
1)
A large quantity handler of universal waste mercury-containing lamps
shall, at all times:
A)
Contain unbroken lamps in packaging that will minimize
breakage during normal handling conditions; and
B)
Contain broken lamps in packaging that will prevent releases of
lamp fragments and residues.
2)
A large quantity handler of universal waste mercury-containing lamps
shall, at all times, manage waste lamps in a manner designed to
minimize lamp breakage.
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3)
A large quantity handler of universal waste mercury-containing lamps
shall immediately contain all releases of lamp fragments and residues
from broken lamps.
4)
A large quantity handler of universal waste shall undertake a hazardous
waste determination and further waste management as follows:
A)
A large quantity handler of universal waste mercury-containing
lamps shall determine whether the following exhibit a
characteristic of hazardous waste identified in 35 Ill. Adm. Code
721.Subpart C:
i)
Any materials resulting from a release;
ii)
Clean-up residues from spills or breakage; or
iii)
Other solid waste generated as a result of handling waste
lamps.
B)
If the material, residue, or other solid waste exhibits a
characteristic of hazardous waste, it shall be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code
702 through 705, 720 through 726, and 728. The handler is
considered to be the generator of the material, residue, or other
hazardous waste and shall manage it in accordance with 35 Ill.
Adm. Code 722.
C)
If the material, residue, or other solid waste is not hazardous, the
handler may manage the waste in any manner that is in
compliance with applicable federal, State, or local solid
(nonhazardous) waste regulations.
5)
Large quantity handlers of mercury containing universal waste lamps
may treat mercury containing lamps for volume reduction at the site
where they were generated under the following conditions:
A)
The lamps must be crushed in a closed system designed and
operated in such a manner that any emission of mercury from the
crushing system shall not exceed 0.1 mg/m
3
when measured on
the basis of time weighted average over an 8-hour period;
B)
The handler must provide notification of crushing activity to the
Agency quarterly, in a form as provided by the Agency. Such
notification must include the following information:
89
i)
Name and address of the handler;
ii)
Estimated monthly amount of lamps crushed; and
iii)
The technology employed for crushing, including any
certification or testing data provided by the manufacturer
of the crushing unit verifying that the crushing device
achieves the emission controls required in subsection
(d)(5)(A) of this Section;
C)
The handler immediately transfers any material recovered from a
spill or leak to a container that meets the requirements of 40 CFR
262.34, and has available equipment necessary to comply with
this requirement;
D)
The handler ensures that the area in which the lamps are crushed
is well-ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
E)
The handler ensures that employees crushing lamps are
thoroughly familiar with proper waste mercury handling and
emergency procedures, including transfer of mercury from
containment devices to appropriate containers; and
F)
The crushed lamps are stored in closed, non-leaking containers
that are in good condition (e.g., no severe rusting, apparent
structural defects or deterioration), suitable to prevent releases
during storage, handling and transportation.
BOARD NOTE: Subsection (d) of this Section was added
pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.134
Labeling and Marking
A large quantity handler of universal waste shall label or mark the universal waste to identify
the type of universal waste as follows:
a)
Universal waste batteries (i.e., each battery), or a container or tank in which the
batteries are contained, must be labeled or marked clearly with any one of the
following phrases: “Universal Waste-Battery(ies)”; or “Waste Battery(ies)”; or
“Used Battery(ies)”;
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b)
A container (or multiple container package unit), tank, transport vehicle or
vessel in which recalled universal waste pesticides as described in Section
733.103(a)(1) are contained must be labeled or marked clearly as follows:
1)
The label that was on or accompanied the product as sold or distributed;
and
2)
The words “Universal Waste-Pesticide(s)” or “Waste-Pesticide(s)”;
c)
A container, tank, or transport vehicle or vessel in which unused pesticide
products, as described in Section 733.103(a)(2), are contained must be labeled
or marked clearly as follows:
1)
Pesticide labeling:
A)
The label that was on the product when purchased, if still legible;
B)
If using the labels described in subsection (c)(1)(A) above is not
feasible, the appropriate label as required under the USDOT
regulation 49 CFR 172; or
C)
If using the labels described in subsections (c)(1)(A) and
(c)(1)(B) above is not feasible, another label prescribed or
designated by the pesticide collection program; and
2)
The words “Universal Waste-Pesticide(s)” or “Waste-Pesticide(s)”; and
d)
Universal waste thermostats (i.e., each thermostat) or a container or tank in
which the thermostats are contained must be labeled or marked clearly with any
one of the following phrases: “Universal Waste-Mercury Thermostat(s)”, or
“Waste Mercury Thermostat(s)”, or “Used Mercury Thermostat(s)”; and.
e)
Universal waste mercury-containing lamps or a container in which the lamps are
contained shall be labeled or clearly marked with any one of the following
phrases: “Universal Waste-Mercury-Containing Lamp(s)”, “Waste Mercury-
Containing Lamp(s)” or “Used Mercury-Containing Lamp(s)”.
BOARD NOTE: Subsection (e) of this Section was added pursuant to Section
22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502, effective August 19,
1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.138
Off-Site Shipments
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a)
A large quantity handler of universal waste is prohibited from sending or taking
universal waste to a place other than another universal waste handler, a
destination facility, or a foreign destination.
b)
If a large quantity handler of universal waste self-transports universal waste off-
site, the handler becomes a universal waste transporter for those self-
transportation activities and shall comply with the transporter requirements of
733.Subpart D while transporting the universal waste.
c)
If a universal waste being offered for off-site transportation meets the definition
of hazardous materials under 49 CFR 171 through 180, a large quantity handler
of universal waste shall package, label, mark and placard the shipment, and
prepare the proper shipping papers in accordance with the applicable USDOT
regulations under 49 CFR 172 through 180;
d)
Prior to sending a shipment of universal waste to another universal waste
handler, the originating handler shall ensure that the receiving handler agrees to
receive the shipment.
e)
If a large quantity handler of universal waste sends a shipment of universal
waste to another handler or to a destination facility and the shipment is rejected
by the receiving handler or destination facility, the originating handler shall
either:
1)
Receive the waste back when notified that the shipment has been
rejected, or
2)
Agree with the receiving handler on a destination facility to which the
shipment will be sent.
f)
A large quantity handler of universal waste may reject a shipment containing
universal waste, or a portion of a shipment containing universal waste that it has
received from another handler. If a handler rejects a shipment or a portion of a
shipment, it shall contact the originating handler to notify the originating
handler of the rejection and to discuss reshipment of the load. The handler shall
perform either of the following actions:
1)
Send the shipment back to the originating handler, or
2)
If agreed to by both the originating and receiving handler, send the
shipment to a destination facility.
g)
If a large quantity handler of universal waste receives a shipment containing
hazardous waste that is not a universal waste, the handler shall immediately
notify the Agency (Bureau of Land, Illinois EPA, 10021 North Grand Avenue
92
East, P.O. Box 19276,Springfield, Illinois 62794-9276 (telephone: 217-782-
6761)) of the illegal shipment, and provide the name, address, and phone
number of the originating shipper. The Agency will provide instructions for
managing the hazardous waste.
h)
If a large quantity handler of universal waste receives a shipment of non-
hazardous, non-universal waste, the handler may manage the waste in any way
that is in compliance with applicable federal, state or local solid (nonhazardous)
waste regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807 through 817
to determine whether additional facility siting, special waste, or nonhazardous
waste landfillsregulations apply to the waste. Consult the ordinances of relevant
units of local government to determine whether local requirements apply.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.139
Tracking Universal Waste Shipments
a)
Receipt of shipments. A large quantity handler of universal waste shall keep a
record of each shipment of universal waste received at the facility. The record
may take the form of a log, invoice, manifest, bill of lading, or other shipping
document. The record for each shipment of universal waste received must
include the following information:
1)
The name and address of the originating universal waste handler or
foreign shipper from whom the universal waste was sent;
2)
The quantity of each type of universal waste received (e.g., batteries,
pesticides, thermostats, mercury-containing lamps);
3)
The date of receipt of the shipment of universal waste.
b)
Shipments off-site. A large quantity handler of universal waste shall keep a
record of each shipment of universal waste sent from the handler to other
facilities. The record may take the form of a log, invoice, manifest, bill of
lading or other shipping document. The record for each shipment of universal
waste sent must include the following information:
1)
The name and address of the universal waste handler, destination
facility, or foreign destination to whom the universal waste was sent;
2)
The quantity of each type of universal waste sent (e.g., batteries,
pesticides, thermostats, mercury-containing lamps);
93
3)
The date the shipment of universal waste left the facility.
c)
Record retention.
1)
A large quantity handler of universal waste shall retain the records
described in subsection (a) above for at least three years from the date of
receipt of a shipment of universal waste.
2)
A large quantity handler of universal waste shall retain the records
described in subsection (b) above for at least three years from the date a
shipment of universal waste left the facility.
BOARD NOTE: Mercury-containing lamps were added as universal
waste pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see
P.A. 90-502, effective August 19, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
SUBPART D: STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS
Section 733.151
Prohibitions
A universal waste transporter is prohibited from the following:
a)
Disposing of universal waste; and
b)
Diluting or treating universal waste, except by responding to releases as
provided in Section 733.154 or as provided in subsection (c).
c)
Transporters of mercury containing universal waste lamps may treat mercury
containing lamps for volume reduction at the site where they were generated
under the following conditions:
1)
The lamps must be crushed in a closed system designed and
operated in such a manner that any emission of mercury from the
crushing system shall not exceed 0.1 mg/m
3
when measured on the basis
of time weighted average over an 8-hour period;
2)
The transporter must provide notification of crushing activity to the
Agency quarterly, in a form as provided by the Agency. Such
notification must include the following information:
A)
Name and address of the handler;
94
B)
Estimated monthly amount of lamps crushed; and
C)
The technology employed for crushing, including any
certification or testing data provided by the manufacturer
of the crushing unit verifying that the crushing device
achieves the emission controls required in subsection
(d)(5)(A) of this Section;
3)
The transporter immediately transfers any material recovered from a spill
or leak to a container that meets the requirements of 40 CFR 262.34,
and has available equipment necessary to comply with this requirement;
4)
The transporter ensures that the area in which the lamps are crushed is
well-ventilated and monitored to ensure compliance with applicable
OSHA exposure levels for mercury;
5)
The transporter ensures that employees crushing lamps are thoroughly
familiar with proper waste mercury handling and emergency procedures,
including transfer of mercury from containment devices to appropriate
containers; and
6)
The crushed lamps are stored in closed, non-leaking containers that are
in good condition (e.g., no severe rusting, apparent structural defects or
deterioration), suitable to prevent releases during storage, handling and
transportation.
BOARD NOTE: Subsection (c) of this Section was added pursuant to
Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,
effective August 19, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
SUBPART E: STANDARDS FOR DESTINATION FACILITIES
Section 733.161
Off-Site Shipments
a)
The owner or operator of a destination facility is prohibited from sending or
taking universal waste to a place other than a universal waste handler, another
destination facility, or a foreign destination.
b)
The owner or operator of a destination facility may reject a shipment containing
universal waste, or a portion of a shipment containing universal waste. If the
owner or operator of the destination facility rejects a shipment or a portion of a
shipment, it shall contact the shipper to notify the shipper of the rejection and to
95
discuss reshipment of the load. The owner or operator of the destination facility
shall perform either of the following actions:
1)
Send the shipment back to the original shipper, or
2)
If agreed to by both the shipper and the owner or operator of the
destination facility, send the shipment to another destination facility.
c)
If the owner or operator of a destination facility receives a shipment containing
hazardous waste that is not a universal waste, the owner or operator of the
destination facility shall immediately notify the Agency (Bureau of Land,
Illinois EPA, 10021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276 (telephone: 217-782-6761)) of the illegal shipment, and
provide the name, address, and phone number of the shipper. The Agency will
provide instructions for managing the hazardous waste.
d)
If the owner or operator of a destination facility receives a shipment of non-
hazardous, non-universal waste, the owner or operator may manage the waste in
any way that is in compliance with applicable federal or state solid
(nonhazardous) waste regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807 through 817
to determine whether additional facility siting, special waste, or nonhazardous
waste landfillsregulations apply to the waste. Consult the ordinances of relevant
units of local government to determine whether local requirements apply.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
Section 733.162
Tracking Universal Waste Shipments
a)
The owner or operator of a destination facility shall keep a record of each
shipment of universal waste received at the facility. The record may take the
form of a log, invoice, manifest, bill of lading, or other shipping document.
The record for each shipment of universal waste received must include the
following information:
1)
The name and address of the universal waste handler, destination
facility, or foreign shipper from whom the universal waste was sent;
2)
The quantity of each type of universal waste received (e.g., batteries,
pesticides, thermostats, mercury-containing lamps);
3)
The date of receipt of the shipment of universal waste.
96
b)
The owner or operator of a destination facility shall retain the records described
in subsection (a) above for at least three years from the date of receipt of a
shipment of universal waste.
BOARD NOTE: Mercury-containing lamps were added as universal waste
pursuant to Section 22.23a of the Act [415 ILCS 5/22.23a] (see P.A. 90-502,
effective August 19, 1997).
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
SUBPART G: PETITIONS TO INCLUDE OTHER WASTES
Section 733.180
General
a)
Any person seeking to add a hazardous waste or a category of hazardous waste
to this Part may petition for a regulatory amendment as follows:
1)
If USEPA has already added the waste or category of waste to 40 CFR
273: by identical-in-substance rulemaking, under Section 22.4(a) of the
Act, 35 Ill. Adm. Code 101 and 102, 35 Ill. Adm. Code 720.120; or
2)
If USEPA has not added the waste or catogory category of waste to 40
CFR 273: by general rulemaking, under Sections 22.4(b) and 27 of the
Act, 35 Ill. Adm. Code 101 and 102, this Subpart, and 35 Ill. Adm.
Code 720.120 and 720.123.
BOARD NOTE: The Board cannot add a hazardous waste or category
of hazardous waste to this Part by general rulemaking until USEPA
either authorizes the Illinois universal waste regulations or otherwise
authorizes the Board to add new categories of universal waste. The
Board may, however, add a waste or category of waste by identical-in-
substance rulemaking.
b)
Petitions for identical-in-substance rulemaking.
1)
Any petition for identical-in-substance rulemaking under subsection
(a)(1) above must include a copy of the the Federal Register notice(s) of
adopted amendments in which USEPA promulgated the addition(s) to 40
CFR 273. The Board will evaluate any petition for identical-in-
substance rulemaking based on the Federal Register notice(s).
2)
If the petitioner desires expedited Board consideration of the proposed
amendents amendments to this Part (i.e., adoption within one year of the
97
date of the Federal Register notice), it must explicitly request expedited
consideration and set forth the arguments in favor of such consideration.
c)
Petitions for general rulemaking.
1)
To be successful using the general rulemaking procedure under
subsection (a)(2) above, the petitioner must demonstrate to the
satisfaction of the Board that each of the following would be true of
regulation under the universal waste regulations of this Part:
A)
It would be appropriate for the waste or category of waste;
B)
It would improve management practices for the waste or category
of waste; and
C)
It would improve implementation of the hazardous waste
program.
2)
The petition must include the information required by 35 Ill. Adm. Code
720.120(b). The petition should also address as many of the factors
listed in Section 733.181 as are appropriate for the waste or waste
category addressed in the petition.
3)
The Board will evaluate petitions for general rulemaking and grant or
deny the requested relief using the factors listed in Section 733.181.
The decision will be based on the weight of evidence showing that
regulation under this Part would fulfill the requirements of subsection
(c)(1) above.
(Source: Amended at 22 Ill. Reg. ________, effective ______________________)
IT IS SO ORDERED.
98
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 5th day of February 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
