ILLINOIS POLLUTION CONTROL BOARD
    April 2, 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)
    Adopted Rule.
    Final Order
    .
    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 adopts amendments to certain sections of the Board’s regulations concerning standards for
    universal waste management. Specifically, these amendments designate mercury-containing lamps
    as a category of universal waste and provide standards for the management of universal waste
    mercury-containing lamps. In the sections that follow, the Board will provide background for this
    rulemaking and a summary of the rule.
    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 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
    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
    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 Illinois Administrative Procedure Act 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 were in favor of the proposed rules, except for provisions in the
    proposed rules that prohibited handlers of universal waste
    2
    mercury-containing lamps from
    intentionally breaking or crushing these lamps.
    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)
    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,
    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
    PC 7
    ComEd and IERG
    PC 8
    Beling Consultants
    PC 9
    S.L.R.T
    PC 10
    Fluorecycle, Inc.
    3
    PC 11
    Fluorecycle, Inc.
    4
    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. The Board addressed these comments in its second-
    notice opinion and order. See
    In the Matter of: Amendments of 35 Ill. Adm. Code 703, 720, 721,
    724, 725, 728, and 733 (Standards for Universal Waste Management)
    (February 5, 1998), R98-12.
    Those interested in a detailed discussion of these issues should consult the Board’s February 5,
    1998, order.
    On February 5, 1998, the Board adopted the proposal for second notice review with the
    JCAR with certain amendments to the proposal. JCAR reviewed the proposed rule at its March 24,
    1998, meeting and certified that it had no objection to the proposed rule. Accordingly, the Board
    today adopts the rule as final. The Board has only made non-substantive grammatical and
    typographical changes to the rule as requested by JCAR.
    5
    SUMMARY OF THE RULE
    As noted earlier, Public Act 90-502 required the Board to adopt regulations, designating high
    intensity discharge lamps and fluorescent lamps as a category of universal waste. The rules
    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 struck PC 10 from the
    record, and it was not considered by the Board. See
    In the Matter of: Amendments of 35 Ill.
    Adm. Code 703, 720, 721, 724, 725, 728, and 733 (Standards for Universal Waste Management)
    (February 5, 1998), R98-12 at 3, n. 3.
    4
    The Board received PC 11 on February 18, 1998. The record, however, closed on January
    15, 1998. Because PC 11 was received after the comment period closed, the Board strikes this
    comment. Moreover, the Board adopted the proposal for second-notice review by the Joint
    Committee on Administrative Rules (JCAR) on February 5, 1998. The Board can only make
    substantive changes to the proposed rules during the second-notice period in response to “an
    objection or suggestion by JCAR.” See 5 ILCS 100/5-40(c) (1996). Because the Board cannot
    make changes to the rules based on the public comments received during the second-notice
    period, the Board strikes PC 11 on this basis as well. Additionally, the Board notes that in its
    second-notice opinion and order the Board designated an Occupational Safety and Health
    Administration memorandum as PC 11. This memorandum has been renumbered to be PC 12.
    5
    The relevant amendments to the hazardous waste regulations adopted in In the Matter of:
    RCRA Update, USEPA Regulations (July 1, 1995 through December 31, 1995) (November 6,
    1997), R96-10; In the Matter of: RCRA Update, USEPA Regulations (January 1, 1996,
    through June 30, 1996) (November 6, 1997), R97-3; and In the Matter of: RCRA Update,
    USEPA Regulations (January 1, 1996, through June 30, 1996) (November 6, 1997), R97-5,
    have also been incorporated into the rules.
    4
    adopted today fulfill this mandate. 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 the 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 lamp 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, 733.133, and 733.151 to require
    small quantity handlers of universal waste, large quantity handlers of universal waste, and
    transporters of universal waste, respectively, to 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. These sections also contain provisions specifying the methods handlers and
    transporters of universal waste mercury-containing lamps are to use to manage the universal waste
    mercury-containing lamps in a manner that will prevent releases of any universal waste or
    component of a universal waste to the environment.
    Sections 733.113, 733.133, and 733.151 also contain provisions allowing handlers and
    transporters of universal waste mercury-containing lamps to treat mercury containing lamps for
    volume reduction at the site where they were generated. The Agency originally proposed that small
    and large quantity handlers of universal waste and
    transporters of universal waste 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.
    Although the Agency maintained that its original position regarding the prohibition against
    crushing or breaking lamps by handlers was sound, the Agency alternatively proposed language that
    allowed handlers to intentionally crush universal waste mercury-containing lamps. The alternative
    language allowed handlers to crush the lamps as long as the lamps were 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. PC 4 at 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 supported
    the prohibition on allowing handlers to intentionally crush or break lamps. See PC 2. However,
    several of the other participants, including
    ComEd, IERG, Beling Consultants, S.L.R.T, and the ISG,
    opposed the prohibition. PC 1; PC 3; PC 6. These same participants also opposed the language
    offered by the Agency if crushing or breaking is allowed. Generally, these participants believed 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. These participants also favored a
    standard for the crushing or breaking of universal waste lamps based on applicable Occupational
    Safety and Health Administration (OSHA) standards.
    Based on the evidence presented, the Board has concluded 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. Therefore, the rules
    5
    adopted today allow for the crushing of universal waste mercury-containing lamps for volume
    reduction under certain conditions. Sections 733.113(d)(5), 733.133(d)(5), and 733.151(b) allow
    handlers and
    transporters of universal waste mercury-containing lamps to crush lamps provided that
    the lamps are crushed in a closed system designed and operated in a manner that any emissions of
    mercury from the crushing system do not exceed 0.1 mg/m
    3
    when measured on the basis of time
    weighted average over an 8-hour period.
    The regulations adopted today also requi
    re the handler or transporter to provide notification
    of crushing activity to the Agency on a quarterly basis. Additionally, handlers and
    transporters must
    transfer any material recovered from a spill or leak to a container that meets the requirements of 40
    CFR 262.34 and have the necessary equipment available to comply with this requirement. Further,
    a handler or transporter must ensure that the area in which the lamps are crushed is well-ventilated
    and monitored to ensure compliance with applicable OSHA exposure levels for mercury and that
    employees crushing lamps are thoroughly familiar with proper waste mercury handling and
    emergency procedures. Finally, the crushed lamps must be stored in closed, non-leaking containers
    that are in good condition, suitable to prevent release during storage, handling, and transportation.
    CONCLUSION
    The Board finds that the Agency’s proposed amendments, as modified, are economically
    reasonable and technically feasible and fulfill the mandate of Public Act 90-502 to designate high
    intensity discharge and fluorescent lamps as a category of universal waste. Accordingly, the Board
    adopts these amendments as final.
    ORDER
    The Board directs that the following amendments be submitted to the Secretary of State for
    publication as a final rule:
    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
    6
    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
    703.150
    Application by Existing HWM Facilities and Interim Status Qual
    ifications
    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
    703.191
    Public Participation: Pre-Application Public Notice and Meeting
    703.192
    Public Participation: Public Notice of Application
    703.193
    Public Participation: Information Repository
    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
    7
    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
    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
    703.248
    Information Repository
    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 Section
    s 22.4
    and 22.23a
    and authorized by Section 27 of the
    Environmental Protection Act [415 ILCS 5/22.4
    , 22.23a,
    and 27].
    8
    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. 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;
    9
    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
    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) (199
    46), 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 Info
    rmation
    720.103
    Use of Number and Gender
    SUBPART B: DEFINITIONS
    Section
    10
    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
    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 Section
    s 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
    ______________________.
    11
    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:
    “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
    12
    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.
    “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.
    13
    “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”.)
    “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:
    14
    Has received a RCRA permit (or interim status) pursuant to 35 Ill.
    Adm. Code 702, 703 and 705;
    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
    15
    closure. The term disposal facility does not include a 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
    Region III: Pennsylvania, Delaware, Maryland, West Virginia, Virginia and the
    District of Columbia
    16
    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 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
    17
    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.
    “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.
    18
    “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
    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.)
    19
    “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
    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;
    20
    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.
    “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.
    21
    “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.
    “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
    22
    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”.)
    “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:
    23
    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 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
    24
    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.
    “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 post
    graduate 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.
    25
    “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.
    “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.
    26
    “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 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).
    27
    “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.
    “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.
    28
    “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 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
    29
    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.
    “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
    30
    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”).
    “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
    31
    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
    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 an
    d 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
    32
    AUTHORITY: Implementing Section
    s 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 R82-18,
    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 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, effective 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.
    33
    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
    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 Requirem
    ents 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
    34
    SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
    Section
    724.150
    Applicabi
    lity
    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
    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
    35
    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
    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 I
    nstallation 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
    36
    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
    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 Requ
    irements
    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
    37
    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
    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
    38
    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
    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
    39
    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
    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 Section
    s 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
    40
    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 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.
    41
    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.
    4)
    A farmer d
    isposing 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.
    42
    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.
    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 I
    ll. 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
    43
    SUBPART A: GENERAL PROVISIONS
    Section
    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 Discrepancie
    s
    725.173
    Operating Record
    44
    725.174
    Availability, Retention and Disposition of Records
    725.175
    Annual Report
    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; A
    mendment 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
    45
    725.273
    Management of Containers
    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
    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
    46
    725.357
    Special Requirements for Incompatible Wastes
    725.358
    Closure and
    Post-closure
    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
    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
    47
    725.473
    General Operating Requirements
    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
    48
    725.954
    Standards: Pressure Relief Devices in Gas/Vapor Service
    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 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 (Repeal
    ed)
    725.Appendix C
    EPA Interim Primary Drinking Water Standards
    725.Appendix D
    Tests for Significance
    725.Appendix E
    Examples of Potentially Incompatible Waste
    725.Appendix F
    Compounds With Henry’s Law Constant Less Than 0.1 Y/X (at
    25
    °
    C)
    49
    AUTHORITY: Implementing Section
    s 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 R82-18,
    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 stand
    ards 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
    50
    Part A of the 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 wo
    rks) 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;
    51
    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;
    52
    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.
    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
    53
    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 (Repealed)
    728.111
    Second Third (Repealed)
    728.112
    Third
    Third (Repealed)
    728.113
    Newly Listed Wastes
    728.114
    Surface Impoundment exemptions
    SUBPART C: PROHIBITION ON LAND DISPOSAL
    Section
    728.130
    Waste Specific Prohibitions -- Solvent Wastes
    728.131
    Waste Specific Prohibitions -- Dioxin-Containing Wastes
    728.132
    Waste Specific Prohibitions -- California List Wastes
    54
    728.133
    Waste Specific Prohibitions: First Third Waste
    s
    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
    Waste-Specific Prohibitions: End-of-pipe CWA,
    CWA-Equivalent, and Class I
    Nonhazardous Waste Injection Well Treatment Standards; Spent Aluminum
    Potliners; and
    Carbamate Wastes
    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.Appendix K
    Metal Bearing Waste Prohibited From Dilution in a Combustion
    Unit According to Section 728.103(c)
    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
    728.Table E Standards for Radioactive Mixed Waste
    55
    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 Section
    s 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;
    amended in R90-11 at 15 Ill. Reg. 11937, effective August 12, 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, effective 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;
    56
    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)
    A waste that is hazardous only because it exhibits a characteristic of
    hazardous waste and that is otherwise prohibited under this Part is not
    prohibited if the waste:
    A)
    Is disposed into a
    nonhazardous or hazardous waste injection well, as
    defined in 35 Ill. Adm. Code 704.106(a); and
    B)
    Does not exhibit any prohibited characteristic of hazardous waste
    identified in 35 Ill. Adm. Code 721.Subpart C at the point of injection.
    4)
    A waste that is hazardous only because it exhibits a characteristic of
    hazardous waste and which is otherwise prohibited under this Part is not
    prohibited if the waste meets any of the following criteria, unless the waste is
    subject to a specific method of treatment other than DEACT in Section
    728.140 or is D003 reactive cyanide:
    A)
    The waste is managed in a treatment system which subsequently
    discharges to waters of the U.S. pursuant to a permit issued under 35
    Ill. Adm. Code 309; or
    B)
    The waste is treated for purposes of the pretreatment requirements of
    35 Ill. Adm. Code 307 and 310; or
    C)
    The waste is managed in a zero discharge system engaged in Clean
    Water Act-equivalent treatment, as defined in Section 728.137(a);
    and
    D)
    The waste no longer exhibits a prohibited characteristic of hazardous
    waste at the point of land disposal (i.e., placement in a surface
    impoundment).
    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;
    57
    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; or
    4)
    De minimis losses of waste that exhibits a characteristic of hazardous waste
    to wastewaters are not considered to be prohibited wastes and are defined as
    follows:
    A)
    Losses from normal material handling operations (e.g., spills from the
    unloading or transfer of materials from bins or other containers or
    leaks 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
    purgings;
    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;
    and laboratory waste that does not exceed one per cent of the total
    flow of wastewater into the facility’s
    headworks on an annual basis, or
    with a combined annualized average concentration not exceeding
    one part per million (
    ppm) in the
    headworks of the facility’s
    wastewater treatment or pretreatment facility; or
    B)
    Decharacterized waste that is injected into Class I
    nonhazardous
    wells in which the
    decharacterized waste’s combined volume is less
    that one per cent of the total flow at the
    wellhead on an annualized
    basis and no greater than 10,000 gallons per day, and in which any
    underlying hazardous constituents in the characteristic waste are
    present at the point of generation at levels less than 10 times the
    treatment standards found at 728.148.
    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 unive
    rsal waste
    transporter (as defined in 35 Ill. Adm.
    Code 720.110) is exempt from Sections 728.107 and
    728.150 268.150 for the
    58
    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
    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
    59
    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
    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 Shipm
    ents
    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
    60
    Section
    733.180
    General
    733.181
    Factors for Petitions to Include Other Wastes
    AUTHORITY: Implementing Section
    s 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.
    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
    61
    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 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:
    62
    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 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.
    63
    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.
    “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:
    64
    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.
    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;
    65
    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 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
    landfills
    regulations
    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;
    66
    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 th
    at 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, 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 avail
    able 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;
    67
    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 wa
    ste 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 oth
    er 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
    landfills
    regulations
    apply to the waste.
    68
    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:
    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.
    69
    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)
    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
    70
    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 733.114
    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
    71
    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.
    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.
    72
    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
    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, 10
    021 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
    landfills
    regulations
    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 has
    73
    received a USEPA Identification Number is not required to
    renotify under this
    Section.
    3)
    A lar
    ge 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:
    74
    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 with
    applicable federal, state or local solid (
    nonhazardous) waste
    regulations.
    75
    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
    landfills
    regulations
    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 lar
    ge 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 large quantity handler of universal waste may remove mercury-containi
    ng
    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;
    76
    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 universa
    l 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
    77
    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
    landfills
    regulations
    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.
    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;
    78
    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:
    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;
    79
    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)”;
    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 “Univer
    sal 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;
    80
    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 labe
    ls 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
    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.
    81
    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, 10
    021 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 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
    landfills
    regulations
    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
    82
    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 reco
    rd 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
    );
    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 ______________________)
    83
    SUBPART D: STANDARDS FOR UNIVERSAL WASTE TRANSPORTERS
    Section 733.151
    Prohibitions
    a)
    A universal waste
    transporter is prohibited from the following:
    1)a)
    Disposing of universal waste;
    and
    2)b)
    Diluting or treating universal waste, except by responding to release
    s as
    provided in Section 733.154
    or as provided in subsection (b)
    .
    b)
    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
    transporter;
    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
    (b)(1) 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
    84
    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 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.
    85
    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
    landfills
    regulations
    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.
    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
    86
    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 date
    of the Federal Register notice), it must explicitly request expedited
    consideration and set forth the arguments in favor of such consideration.
    c)
    Petiti
    ons 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
    87
    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.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    opinion and order was adopted on the 2nd day of April 1998, by a vote of 6-0.
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board

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