BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
STANDARDS FOR UNIVERSAL ) R
WASTE MANAGEMENT ) (Rulemaking )
(35 IL. ADM. CODE PARTS 703, 720, )
721, 724, 725, 728, and 733) )
MOTION FOR ACCEPTANCE
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”) and
moves, pursuant to 35 Ill. Adm. Code 102.200 and 102.202, that the Board accept for hearing the
Illinois EPA’s proposal for 35 Ill. Adm. Code Parts 703, 720, 721, 724, 725, 728, and 733. This
proposal includes: 1) the proposed regulations; 2) a Statement of Reasons, Synopsis of
Testimony, and Statement Regarding Material Incorporated by Reference; 3) proof of service
upon all persons required to be served pursuant to 35 Ill. Adm. Code 102.422; 4) an electronic
version of the proposed regulations; and 5) an appearance for the attorneys representing the
Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/s/ Renee Cipriano bk
By:
Renee Cipriano
Director
DATED: 10/19/04
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-3397
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
STANDARDS FOR UNIVERSAL ) R
WASTE MANAGEMENT ) (Rulemaking )
(35 ILL. ADM. CODE PARTS 703, )
720, 721, 724, 725, 728, and 733 ) )
STATEMENT OF REASONS AND SYNOPSIS OF TESTIMONY
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA") and,
pursuant to 35 Ill. Adm. Code 102.202, submits its Statement of Reasons and Synopsis of
Testimony for its proposal of amendments in the above referenced proceeding.
I. STATEMENT OF REASONS
A. Facts in Support, Purpose and Effect
1. Background
The Illinois EPA submits this proposal pursuant to Public Act 93-964 (“P.A. 93-964”),
which,
inter alia
, (1) designates mercury switches, mercury relays, and scientific instruments and
instructional equipment containing mercury added during their manufacture as universal waste,
and (2) requires the Illinois EPA to propose amendments to the Board’s rules that reflect this
designation. See 415 ILCS 5/22.23b(e) (effective August 20, 2004). The Public Act also
requires the Board to adopt rules within 180 days after its receipt of this proposal. Id. A copy of
P.A. 93-964 is included as Attachment A to this document.
The amendments in this proposal are based upon amendments to the federal universal
waste rules that were proposed by the United States Environmental Protection Agency
(“USEPA”) in 67 Fed. Reg. 40507 (June 12, 2002). The federal amendments designate devices
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
2
that meet the definition of “mercury-containing equipment” as universal waste and require such
equipment to be managed in accordance with the requirements that currently apply to
thermostats. A copy of the USEPA’s proposal is included as Attachment B to this document.
This proposal is based upon the proposed amendments to the federal universal waste rules
because the Board’s universal waste rules are based upon the federal universal waste rules, and
because P.A. 93-964 requires the Board to adopt rules equivalent to federal rules once federal
rules are adopted. See 415 ILCS 5/22.23b(e) (effective August 20, 2004). Therefore, if the
Board adopts rules equivalent to the proposed federal rules now, there will be little, if any,
change needed to conform the rules to the federal rules once federal rules are adopted.
There is one difference between the USEPA’s proposal and this proposal that should be
noted. In the USEPA’s proposal the definition of “mercury-containing products” includes a wide
array of items (e.g., thermometers, manometers, barometers, relay switches, mercury regulators,
meters, pressure relief gauges, water treatment pressure gauges, and sprinkler system contacts).
67 Fed. Reg. 40517 (June 12, 2002). In this proposal, however, the term “mercury-containing
equipment” is limited to the specific products designated as universal waste in P.A. 93-964,
namely “mercury switches and mercury relays, and scientific instruments and instructional
equipment containing mercury added during their manufacture.” See 415 ILCS 5/22.23b(e)
(effective August 20, 2004).
The amendments in this proposal, like the amendments in the USEPA’s proposal, remove
products meeting the definition of “mercury-containing equipment” from the rules governing the
management of hazardous waste and instead make them subject to the rules governing the
management of universal waste. The universal waste rules create a streamlined framework for
the special collection and management of certain widely generated wastes. This special
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3
collection and management is intended to remove the wastes from the municipal waste stream
and minimize the disposal of their hazardous constituents in municipal landfills.
Universal waste management is material-specific. It applies only to the specific wastes
identified in the universal waste rules. The universal waste rules are structured in a way that
allows new wastes to be added with minimal difficulty. Currently, the Board’s universal waste
rules apply to batteries, pesticides, thermostats, and lamps (e.g, fluorescent and neon lights). See
35 Ill. Adm. Code 733.101. The proposed amendments add “mercury-containing equipment” to
this list and make such equipment subject to the requirements that currently apply to thermostats,
which also contain mercury.
Adding mercury-containing equipment to the universal waste program reclassifies many
sites generating such waste as handlers of universal waste rather than individual hazardous waste
generators. This reclassification eases the regulatory burden on these generators, and facilitates
the proper disposal of the waste. For example, it eliminates the need for a hazardous waste
manifest. Because a hazardous waste manifest is no longer required, transporting the waste to
central consolidation points should be less difficult. Collection of the waste at central
consolidation points should make the recycling and proper disposal of the waste much easier.
This, in turn, should make improper disposal of the waste in municipal landfills or incinerators
less likely.
Including mercury-containing equipment in the universal waste program should also
decrease the likelihood that handlers will try to separate the hazardous and non-hazardous
portions of the waste. Because the requirements of the universal waste rule are relatively
streamlined, and because sampling mercury-containing devices can be difficult, handlers will
find it easier to manage the entire wastestream as universal waste.
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4
To avoid repetition in this document, please refer to pages 40516 through 40520 of the
USEPA’s proposal in Attachment A for additional discussion of the addition of mercury-
containing products to the universal waste rules. The amendments proposed to the federal rules
are set forth on pages 40525. Please note that the USEPA’s proposal also includes amendments
involving cathode ray tubes. None of the USEPA’s proposed changes involving cathode ray
tubes are included in the Illinois EPA’s proposal.
The Illinois EPA is not aware of any objections to the addition of mercury-containing
equipment to the Board’s universal waste rules as required by P.A. 93-964.
2. Regulatory Development
The Illinois EPA had only 60 days from the enactment of P.A. 93-964 to submit this
proposal to the Board. Therefore, it was unable to undertake the public outreach it normally
conducts prior to submitting proposed amendments to the Board. The regulatory development of
this proposal consisted mainly of reviewing the USEPA’s proposed amendments to the federal
universal waste regulations.
3. Description of the Proposed Rules
Part 703 RCRA Permit Program
Section 703.123 – Specific Exclusions from Permit Program. This Section sets forth
those persons not required to obtain a RCRA permit. Handlers and transporters of universal
waste subject to the universal waste rules are included in the list of persons not required to obtain
a RCRA permit. See 35 Ill. Adm. Code 703.123(h). The proposed amendment to this Section
adds mercury-containing equipment to the list of universal wastes referenced in this Section. See
proposed 35 Ill. Adm. Code 703.123(h)(5).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
5
Part 720 Hazardous Waste Management System
Section 720.110 – Definitions. This Section provides the definitions applicable to Parts
720 through 726, 728, 733, and 739. The proposed amendment to this Section adds a definition
for the term “mercury-containing equipment,” and amends the definition of “universal waste” to
include mercury-containing equipment.
Part 721 Identification and Listing of Hazardous Waste
Section 721.109 – Requirements for Universal Waste. This Section lists the types of
waste that are regulated under the universal waste rules. The proposed amendment adds
mercury-containing equipment to the list.
Part 724 Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities
Section 724.101 – Purpose, Scope, and Applicability. Subsection (g) of this Section sets
forth exemptions to Part 724. Subsection (g)(11) exempts universal waste handlers and
transporters. The proposed amendments to this Section add mercury-containing equipment to
the list of universal wastes referenced in subsection (g)(11).
Part 725 Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities
Section 725.101 – Purpose, Scope, and Applicability. Subsection (c) of this Section sets
forth exemptions to Part 725. Subsection (c)(14) exempts universal waste handlers and
transporters. The proposed amendments to this Section add mercury-containing equipment to
the list of universal wastes referenced in subsection (c)(14).
Part 728 Land Disposal Restrictions
Section 728.101– Purpose, Scope, and Applicability. Subsection (f) of this Section
exempts universal waste handlers and transporters from Section 728.107 (Testing, Tracking, and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
6
Recordkeeping Requirements for Generators, Treaters, and Disposal Facilities) and Section
728.150 (Prohibitions on Storage of Restricted Wastes) for universal wastes. The proposed
amendments to this Section add mercury-containing equipment to the list of universal wastes
referenced in subsection (f).
Part 733 Standards for Universal Waste Management
Subpart A: General
Section 733.101– Scope. This Section enumerates the types of waste covered by Part
733. The proposed amendments add mercury-containing equipment to this list of wastes.
Section 733.106 – Applicability – Mercury-Containing Equipment. The proposed
amendments add this new Section to address the applicability of the universal waste rules to
mercury-containing equipment. Subsection (a) of this Section states that the requirements of Part
733 apply to persons managing mercury-containing equipment as described in Section 733.109.
Subsection (b) identifies mercury-containing equipment that is not subject to the universal waste
rules (i.e., mercury-containing equipment that is not yet a waste or that is not a hazardous waste).
Subsection (c) describes when used and unused mercury-containing equipment becomes a waste.
Section 733.109 – Definitions. This Section contains definitions for the universal waste
rules. The proposed amendments make the following changes to this Section:
a. “Large quantity handler of universal waste.” This definition is amended to
include mercury-containing equipment in the list of universal wastes.
b. “Mercury-containing equipment.” This is a new term that is defined as
“mercury switches and mercury relays, and scientific instruments and instructional
equipment containing mercury added during their manufacture.” This definition is based
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
7
upon the items designated as universal waste in P.A. 93-964. See 415 ILCS 5/22.23b(e)
(effective August 20, 2004).
c. “Mercury relay.” This is a new term that is defined as “a product or
device, containing mercury added during its manufacture, that opens or closes electrical
contacts to effect the operation of other devices in the same or another electrical circuit.
Mercury relay includes, but is not limited to, mercury displacement relays, mercury
wetted reed relays, and mercury contact relays.” This definition is identical to the
statutory definition of “mercury relay” added to the Environmental Protection Act
(“Act”) by P.A. 93-964. See 415 ILCS 5/3.283 (effective August 20, 2004).
d. “Mercury switch.” This is a new term that is defined as “a product or
device, containing mercury added during its manufacture, that opens or closes an
electrical circuit or gas valve, including, but not limited to, mercury float switches
actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in
the switch position, mercury pressure switches actuated by a change in pressure, mercury
temperature switches actuated by a change in temperature, and mercury flame sensors.”
This definition is identical to the statutory definition of “mercury switch” added to the
Act by P.A. 93-964. See 415 ILCS 5/3.284 (effective August 20, 2004).
e. “Small quantity handler of universal waste.” This definition is amended to
include mercury-containing equipment in the list of universal wastes.
f. “Universal waste.”
This definition is amended to include mercury-
containing equipment in the list of universal wastes.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
8
Subpart B: Standards for Small Quantity Handlers
Section 733.113 – Waste Management. This Section provides management requirements
for each type of universal waste. Subsection (c) sets forth the management requirements for
thermostats. The proposed amendments add mercury-containing equipment to subsection (c),
thereby making the management standards for thermostats applicable to mercury-containing
equipment as well.
Section 733.114 – Labeling and Marking. This Section sets forth the requirements a
small quantity handler of universal waste must follow to identify the various types of universal
waste. The proposed amendment to this Section adds subsection (f), which contains labeling and
marking requirements for mercury-containing equipment.
Subpart C: Standards for Large Quantity Handlers
Section 733.132 – Notification. This Section contains notification requirements imposed
upon large quantity handlers of universal waste. Subsection (b) sets forth the information
notifications must contain. Subsection (b)(4) requires handlers to list the types of universal
waste handled. The proposed amendment to this Section adds mercury-containing equipment to
this list.
Section 733.133 – Waste Management. This Section provides management requirements
for each type of universal waste. Subsection (c) sets forth the management requirements for
thermostats. The proposed amendments to this Section add mercury-containing equipment to
subsection (c), thereby making the management standards for thermostats applicable to mercury-
containing equipment as well.
Section 733.134 – Labeling and Marking. This Section sets forth the requirements a
large quantity handler of universal waste must follow to identify the various types of universal
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
9
waste. The proposed amendment to this Section adds subsection (f), which contains labeling and
marking requirements for mercury-containing equipment.
B. Technical feasibility and Economic Reasonableness
1. Technical Feasibility
The Illinois EPA believes this proposal does not raise any issues of technical feasibility.
2. Economic Reasonableness
The Illinois EPA believes this proposal will make the management of mercury-containing
equipment more economical because such waste will be easier to manage as a universal waste
instead of as a hazardous waste. For example, generators of such waste will no longer be
considered handlers of hazardous waste, manifests will no longer be required for the
transportation of such waste, and RCRA permits will no longer be needed to accumulate larger
amounts of such waste at central consolidation points.
II. SYNOPSIS OF TESTIMONY
The Illinois EPA plans to provide the following witnesses at hearing: Steve Nightingale,
Manager of the Illinois EPA’s RCRA Permit Unit, and Mark Crites, a permit writer in the RCRA
Permit Unit. The witnesses will provide general testimony on the proposed amendments
including, but not limited to, the reasons for and the effects of adding mercury-containing
equipment to the Board’s universal waste rules. The Illinois EPA also plans to have Kevin
Greene, Manager of the Illinois EPA’s Office of Pollution Prevention, available at hearing to
answer general questions regarding the designation of mercury-containing products as a
universal waste.
The written testimony of witnesses will be submitted prior to hearing in accordance with
the Board’s procedural rules. The Illinois EPA respectfully requests that the Board allow Illinois
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
10
EPA witnesses to present their oral testimony in panel form rather than calling each individually.
A panel format should streamline the hearing process and has proved beneficial in past
rulemakings.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Kyle Rominger
Assistant Counsel
DATED:
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
STANDARDS FOR UNIVERSAL ) R
WASTE MANAGEMENT ) (Rulemaking )
(35 ILL. ADM. CODE PARTS 703, 720, )
721, 724, 725, 728, and 733) )
APPEARANCE
The undersigned hereby enter their appearance as attorneys on behalf of the Illinois
Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/s/ Kyle Rominger
Kyle Rominger
Assistant Counsel
/s/ Lindsay Evans
Lindsay Evans
Assistant Counsel
Dated: 10/19/04
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER b: PERMITS
PART 703
RCRA PERMIT PROGRAM
SUBPART A: GENERAL PROVISIONS
Section
703.100 Scope and Relation to Other Parts
703.101 Purpose
703.110 References
SUBPART B: PROHIBITIONS
Section
703.120 Prohibitions in General
703.121 RCRA Permits
703.122 Specific Inclusions in Permit Program
703.123 Specific Exclusions from Permit Program
703.124 Discharges of Hazardous Waste
703.125 Reapplications
703.126 Initial Applications
703.127 Federal Permits (Repealed)
SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS
Section
703.140 Purpose and Scope
703.141 Permits by Rule
703.150 Application by Existing HWM Facilities and Interim Status Qualifications
703.151 Application by New HWM Facilities
703.152 Amended Part A Application
703.153 Qualifying for Interim Status
703.154 Prohibitions During Interim Status
703.155 Changes During Interim Status
703.156 Interim Status Standards
703.157 Grounds for Termination of Interim Status
703.158 Permits for Less Than an Entire Facility
703.159 Closure by Removal
703.160 Procedures for Closure Determination
703.161 Enforceable Document for Post-Closure Care
SUBPART D: APPLICATIONS
Section
703.180 Applications in General
703.181 Contents of Part A
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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
703.210 Process Vents
703.211 Equipment
703.212 Drip Pads
703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers
703.214 Post-Closure Care Permits
SUBPART E: SHORT TERM AND PHASED PERMITS
Section
703.220 Emergency Permits
703.221 Alternative Compliance with the Federal NESHAPS
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
703.234 Remedial Action Plans
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)
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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
SUBPART H: REMEDIAL ACTION PLANS
Section
703.300 Special Regulatory Format
703.301 General Information
703.302 Applying for a RAP
703.303 Getting a RAP Approved
703.304 How a RAP May Be Modified, Revoked and Reissued, or Terminated
703.305 Operating Under A RAP
703.306 Obtaining a RAP for an Off-Site Location
SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE CONTROL
TECHNOLOGY (MACT) STANDARDS
Section
703.320 Options for Incinerators and Cement and Lightweight Aggregate Kilns to
Minimize Emissions from Startup, Shutdown, and Malfunction Events
Appendix A Classification of Permit Modifications
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
SOURCE: Adopted in R82-19 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
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
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.
7632, effective April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17930, effective
September 28, 1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2153, effective January 19,
1999; amended in R99-15 at 23 Ill. Reg. 9381, effective July 26, 1999; amended in R00-13 at 24
Ill. Reg. 9765, effective June 20, 2000; amended in R01-21/R01-23 at 25 Ill. Reg. 9313, effective
July 9, 2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6539, effective April 22, 2002;
amended in R03-7 at 27 Ill. Reg. 3496, effective February 14, 2003; amended in R03-18 at 27 Ill.
Reg. 12683, effective July 17, 2003.
SUBPART B: PROHIBITIONS
Section 703.123 Specific Exclusions from Permit Program
The following persons are among those that are not required to obtain a RCRA permit:
a) Generators that accumulate hazardous waste on-site for less than the time periods
provided in 35 Ill. Adm. Code 722.134;
b) Farmers that dispose of hazardous waste pesticides from their own use as
provided in 35 Ill. Adm. Code 722.170;
c) Persons that 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) An owner or operator of a totally enclosed treatment facility, as defined in 35 Ill.
Adm. Code 720.110;
e) An owner or operator of an elementary neutralization unit or wastewater
treatment unit, as defined in 35 Ill. Adm. Code 720.110;
f) A transporter that stores manifested shipments of hazardous waste in containers
that meet the requirements of 35 Ill. Adm. Code 722.130 at a transfer facility for a
period of ten days or less;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
g) A person who adds absorbent material to waste in a container (as defined in 35 Ill.
Adm. Code 720.110) or a person who adds 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 in subsections (h)(1) through
(h)(4) of this Section. 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;
3) Thermostats, as described in 35 Ill. Adm. Code 733.104; and
4) Lamps, as described in 35 Ill. Adm. Code 733.105; and
5) Mercury-containing equipment, as described in 35 Ill. Adm. Code
733.106.
BOARD NOTE: Derived from 40 CFR 270.1(c)(2) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.124 Discharges of Hazardous Waste
a) A person is not required to obtain a RCRA permit for treatment or containment
activities taken during immediate response to any of the following situations:
1) A discharge of a hazardous waste;
2) An imminent and substantial threat of a discharge of hazardous waste;
3) A discharge of a material that, when discharged, becomes a hazardous
waste; or
4) An immediate threat to human health, public safety, property, or the
environment from the known or suspected presence of military munitions,
other explosive material, or an explosive device, as determined by an
explosive or munitions emergency response specialist as defined in 35 Ill.
Adm. Code 720.110.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
b) Any person who continues or initiates hazardous waste treatment or containment
activities after the immediate response is over is subject to all applicable
requirements of this Part for those activities.
c) In the case of an emergency response involving military munitions, the
responding military emergency response specialist’s organizational unit must
retain records for three years after the date of the response that identify the
following: the date of the response, the responsible persons responding, the type
and description of material addressed, and the disposition of the material.
BOARD NOTE: Derived from 40 CFR 270.1(c)(3) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.125 Reapplications
Any HWM facility with an effective permit must submit a new application at least 180 days
before the expiration date of the effective permit, unless permission for a later date has been
granted by the Agency. (The Agency must not grant permission for applications to be submitted
later than the expiration date of the existing permit.)
BOARD NOTE: Derived from 40 CFR 270.10(h) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.126 Initial Applications
Except as provided in Subpart C of this Part, no person may begin physical construction of a new
HWM facility without having submitted Part A and Part B of the permit application and received
a finally effective RCRA permit.
BOARD NOTE: Derived from 40 CFR 270.10(f)(1) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.127 Federal Permits (Repealed)
(Source: Repealed at 8 Ill. Reg. 206, effective December 27, 1983)
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SUBPART C: AUTHORIZATION BY RULE AND INTERIM STATUS
Section 703.140 Purpose and Scope
a) The Sections of this Subpart C are divided into the following two groups:
1) Section 703.141, Permits by Rule; and
2) Sections 703.151 through 703.158, relating to interim status;
b) The interim status rules correspond to 40 CFR 270, Subpart G, which relates to
interim status. Other portions of the federal rules may be found in Subpart B of
this Part. The intent is to group the interim status rules so they can be more easily
ignored by those to whom they do not apply, and so they can be conveniently
repealed after the interim status period.
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.141 Permits by Rule
Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 705, the following must be
deemed to have a RCRA permit if the conditions listed are met:
a) Ocean disposal barges or vessels. The owner or operator of a barge or other
vessel that accepts hazardous waste for ocean disposal, if the owner or operator
does the following:
1) It has a permit for ocean dumping issued under 40 CFR 220, incorporated
by reference in 35 Ill. Adm. Code 720.111;
2) It complies with the conditions of that permit; and
3) It complies with the following hazardous waste regulations, incorporated
by reference in 35 Ill. Adm. Code 720.111:
A) 40 CFR 264.11, Identification number;
B) 40 CFR 264.71, Use of manifest system;
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C) 40 CFR 264.72, Manifest discrepancies;
D) 40 CFR 264.73(a) and (b)(1), Operating record;
E) 40 CFR 264.75, Biennial report; and
F) 40 CFR 264.76, Unmanifested waste report;
b) Injection wells. The owner or operator of an underground injection well
disposing of hazardous waste, if the owner or operator fulfills the following
conditions:
1) It has a permit for underground injection issued under 35 Ill. Adm. Code
704; and
2) It complies with the conditions of that permit and the requirements of
Subpart F of 35 Ill. Adm. Code 704 (requirements for wells managing
hazardous waste); and
3) For UIC permits issued after November 8, 1984, the following:
A) It complies with 35 Ill. Adm. Code 724.201; and
B) Where the UIC well is the only unit at the facility that requires a
RCRA permit, it complies with Section 703.187.
c) Publicly owned treatment works (POTW). The owner or operator of a POTW
that accepts for treatment hazardous waste, if the owner or operator fulfills the
following conditions:
1) It has an NPDES permit;
2) It complies with the conditions of that permit; and
3) It complies with the following regulations:
A) 35 Ill. Adm. Code 724.111, Identification number;
B) 35 Ill. Adm. Code 724.171, Use of manifest system;
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C) 35 Ill. Adm. Code 724.172, Manifest discrepencies;
D) 35 Ill. Adm. Code 724.173(a) and (b)(1), Operating record;
E) 35 Ill. Adm. Code 724.175, Annual report;
F) 35 Ill. Adm. Code 724.176, Unmanifested waste report; and
G) For NPDES permits issued after November 8, 1984, 35 Ill. Adm.
Code 724.201; and
4) If the waste meets all federal, it complies with State and local pretreatment
requirements that would be applicable to the waste if it were being
discharged into the POTW through a sewer, pipe, or similar conveyance.
BOARD NOTE: Illinois pretreatment requirements are codified in 35 Ill.
Adm. Code 307 and 310.
BOARD NOTE: See 40 CFR 270.60 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.150 Application by Existing HWM Facilities and Interim Status Qualifications
a) The owner or operator of an existing HWM facility or of an HWM facility in
existence on the effective date of statutory or regulatory amendments that render
the facility subject to the requirement to have a RCRA permit must submit Part A
of the permit application to the Agency no later than the following times,
whichever comes first:
1) Six months after the date of publication of regulations that first require the
owner or operator to comply with standards in 35 Ill. Adm. Code 725 or
726; or
2) Thirty days after the date the owner or operator first becomes subject to
the standards in 35 Ill. Adm. Code 725 or 726; or
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3) For generators that generate greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month and treat, store or
dispose of these wastes on-site, by March 24, 1987.
b) In granting a variance under subsection (c) of this Section the Board will consider
whether there has been substantial confusion as to whether the owner or operator
of such facilities were required to file a Part A application and whether such
confusion was attributable to ambiguities in 35 Ill. Adm. Code 720, 721, or 725.
c) The time for filing Part A of the permit application may be extended only by a
Board Order entered pursuant to a variance petition.
d) The owner or operator of an existing HWM facility may be required to submit
Part B of the permit application. The Agency will notify the owner or operator
that a Part B application is required, and set a date for receipt of the application,
not less than six months after the date the notice is sent. The owner or operator
my voluntarily submit a Part B application for all or part of the HWM facility at
any time. Notwithstanding the above, any owner or operator of an existing HWM
facility must submit a Part B permit application in accordance with the dates
specified in Section 703.157. Any owner or operator of a land disposal facility in
existence on the effective date of statutory or regulatory amendments that render
the facility subject to the requirement to have a RCRA permit must submit a Part
B application in accordance with the dates specified in Section 703.157.
e) Interim status may be terminated as provided in Section 703.157.
BOARD NOTE: Derived from 40 CFR 270.10(e) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.151 Application by New HWM Facilities
a) Except as provided in subsection (c) of this Section, no person may begin physical
construction of a new HWM facility without having submitted Part A and Part B
of the permit application and having received a finally effective RCRA permit;
b) An application for a permit for a new HWM facility (including both Part A and
Part B) may be filed at any time after promulgation of standards in 35 Ill. Adm.
Code 724 applicable to any TSD unit in the facility; Except as provided in
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subsection (c) of this Section, all applications must be submitted to the Agency at
least 180 days before physical construction is expected to commence;
c) Notwithstanding subsection
(a) of this Section, a person may construct a facility
for the incineration of polychlorinated biphenyls pursuant to an approval issued
by the Administrator of USEPA under Section (6)(e) of the federal Toxic
Substances Control Act (42 USC 9601 et seq.) and any person owning or
operating such facility may, at any time after construction of operation of such
facility has begun, file an application for a RCRA permit to incinerate hazardous
waste authorizing such facility to incinerate waste identified or listed under 35 Ill.
Adm. Code 721.
d) Such persons may continue physical construction of the HWM facility after the
effective date of the standards applicable to it if the person submits Part B of the
permit application on or before the effective date of such standards (or on some
later date specified by the Agency). Such person must not operate the HWM
facility without having received a finally effective RCRA permit.
BOARD NOTE: Derived from 40 CFR 270.10(f) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.152 Amended Part A Application
a) If any owner or operator of an HWM facility has filed Part A of a permit
application and has not yet filed Part B, the owner or operator must file an
amended Part A application with the Agency, as follows:
1) No later than the effective date of revised regulations under 35 Ill. Adm.
Code 721 listing or identifying additional hazardous wastes, if the facility
is treating, storing, or disposing of any of those newly listed or identified
wastes;
2) As necessary to comply with provisions of Section 703.155 for changes
during interim status.
b) The owner or operator of a facility who fails to comply with the updating
requirements of subsection (a) of this Section does not receive interim status as to
the wastes not covered by duly filed Part A applications.
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BOARD NOTE: Derived from 40 CFR 270.10(g) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.153 Qualifying for Interim Status
a) Any person who owns or operates an existing HWM facility or a facility in
existence on the effective date of statutory or regulatory amendments that render
the facility subject to the requirement to have a RCRA permit must have interim
status and must be treated as having been issued a permit to the extent he or she
has:
1) Complied with the requirements of Section 3010(a) of the federal
Resource Conservation and Recovery Act (42 USC 6930(a)) pertaining to
notification of hazardous waste activity;
BOARD NOTE: Some existing facilities may not be required to file a
notification under Section 3010(a) of the federal Resource Conservation
and Recovery Act (42 USC 6930(a)). These facilities may qualify for
interim status by meeting subsection (a)(2).
2) Complied with the requirements of Sections 703.150 and 703.152
governing submission of Part A applications;
b) Failure to qualify for interim status. If the Agency has reason to believe upon
examination of a Part A application that it fails to meet the requirements of 35 Ill.
Adm. Code 702.123 or 703.181, it must notify the owner or operator in writing of
the apparent deficiency. Such notice must specify the grounds for the Agency’s
belief that the application is deficient. The owner or operator must have 30 days
from receipt to respond to such a notification and to explain or cure the alleged
deficiency in its Part A application. If, after such notification and opportunity for
response, the Agency determines that the application is deficient it may take
appropriate enforcement action.
c) Subsection (a) must not apply to any facility that has been previously denied a
RCRA permit or if authority to operate the facility under the federal Resource
Conservation and Recovery Act (42 USC 6901 et seq.) has been previously
terminated.
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BOARD NOTE: Derived from 40 CFR 270.70 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.154 Prohibitions During Interim Status
During the interim status period the facility must not do any of the following:
a) Treat, store, or dispose of hazardous waste not specified in Part A of the permit
application;
b) Employ processes not specified in Part A of the permit application; or
c) Exceed the design capacities specified in Part A of the permit application.
BOARD NOTE: Derived from 40 CFR 270.71(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.155 Changes During Interim Status
a) Except as provided in subsection (b), of this Section the owner or operator of an
interim status facility may make the following changes at the facility:
1) Treatment, storage, or disposal of new hazardous wastes not previously
identified in Part A of the permit application (and, in the case of newly
listed or identified wastes, addition of the units being used to treat, store,
or dispose of the hazardous wastes on the date of the listing or
identification) if the owner or operator submits a revised Part A permit
application prior to such treatment, storage, or disposal;
2) Increases in the design capacity of processes used at the facility if the
owner or operator submits a revised Part A permit application prior to
such a change (along with a justification explaining the need for the
change) and the Agency approves the change because either of the
following conditions exist:
A) There is a lack of available treatment, storage, or disposal capacity
at other hazardous waste management facilities; or
B) The change is necessary to comply with a federal, State, or local
requirement, including 35 Ill. Adm. Code 725, 728, or 729;
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3) Changes in the processes for the treatment, storage, or disposal of
hazardous waste may be made at a facility or addition of processes if the
owner or operator submits a revised Part A permit application prior to
such a change (along with a justification explaining the need for change)
and the Agency approves the change because either of the following
conditions exist:
A) The change is necessary to prevent a threat to human health or the
environment because of an emergency situation; or
B) The change is necessary to comply with a federal, State, or local
requirement, including 35 Ill. Adm. Code 725, 728, or 729;
4) Changes in the ownership or operational control of a facility if the new
owner or operator submits a revised Part A permit application no later than
90 days prior to the scheduled change. When a transfer of ownership or
operational control of a facility occurs, the old owner or operator must
comply with the requirements of Subpart H of 35 Ill. Adm. Code 725
(financial requirements), until the new owner or operator has demonstrated
to the Agency that it is complying with the requirements of that Subpart.
The new owner or operator must demonstrate compliance with the
financial assurance requirements within six months after the date of the
change in the ownership or operational control of the facility. Upon
demonstration to the Agency by the new owner or operator of compliance
with the financial assurance requirements, the Agency must notify the old
owner or operator in writing that the old owner or operator no longer
needs to comply with Subpart H of 35 Ill. Adm. Code 725 as of the date of
demonstration. All other interim status duties are transferred effective
immediately upon the date of the change of ownership or operational
control of the facility;
5) Changes made in accordance with an interim status corrective action order
issued by: USEPA under Section 3008(h) of the federal Resource
Conservation and Recovery Act (42 USC 6901 et seq.) or other federal
authority; a court pursuant to a judicial action brought USEPA; a court
pursuant to the Environmental Protection Act; or the Board. Changes
under this subsection (a)(5) are limited to the treatment, storage, or
disposal of solid waste from releases that originate within the boundary of
the facility;
6) Addition of newly regulated units for the treatment, storage, or disposal of
hazardous waste if the owner or operator submits a revised Part A permit
application on or before the date on which the unit becomes subject to the
new requirements.
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b) Except as specifically allowed under this subsection (b), changes listed under
subsection (a) of this Section must not be made if they amount to reconstruction
of the HWM facility. Reconstruction occurs when the capital investment in the
changes to the facility exceeds fifty percent of the capital cost of a comparable
entirely new HWM facility. If all other requirements are met, the following
changes may be made even if they amount to a reconstruction:
1) Changes made solely for the purpose of complying with requirements of
35 Ill. Adm. Code 725.293 for tanks and ancillary equipment.
2) If necessary to comply with federal, State or local requirements, including
35 Ill. Adm. Code 725, 728, or 729, changes to an existing unit, changes
solely involving tanks or containers, or addition of replacement surface
impoundments that satisfy the statutory standards of Section 35 Ill. Adm.
Code 728.139.
3) Changes that are necessary to allow an owner or operator to continue
handling newly listed or identified hazardous wastes that have been
treated, stored or disposed of at the facility prior to the effective date of
the rule establishing the new listing or identification.
4) Changes during closure of a facility or of a unit within a facility made in
accordance with an approved closure plan.
5) Changes necessary to comply with an interim status corrective action
order issued by: USEPA under Section 3008(h) of the federal Resource
Conservation and Recovery Act (42 USC 6930(a)) or other federal
authority; a court pursuant to a judicial action brought by USEPA; a court
pursuant to the Environmental Protection Act; or the Board. Changes
under this subsection (b)(5) are limited to the treatment, storage, or
disposal of solid waste from releases that originate within the boundary of
the facility.
6) Changes to treat or store, in tanks, containers, or containment buildings,
hazardous wastes subject to land disposal restrictions imposed in 35 Ill.
Adm. Code 728, provided that such changes are made solely for the
purpose of complying with 35 Ill. Adm. Code 728.
7) Addition of newly regulated units under subsection (a)(6) of this Section.
8) Changes necessary to comply with the federal Clean Air Act (CAA)
Maximum Achievable Control Technology (MACT) emissions standards
of 40 CFR 63, Subpart EEE--National Emission Standards for Hazardous
Air Pollutants From Hazardous Waste Combustors.
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BOARD NOTE: Derived from 40 CFR 270.72 (2002). The federal CAA MACT standards are
directly implemented in Illinois pursuant to Section 39.5 of the Environmental Protection Act
[415 ILCS 5/39.5].
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.156 Interim Status Standards
During interim status, an owner or operator must comply with the interim status standards of 35
Ill. Adm. Code 725.
BOARD NOTE: Derived from 40 CFR 270.71(b) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.157 Grounds for Termination of Interim Status
Interim status terminates when either of the following occurs:
a) Final administrative disposition is made of a permit application, except an
application for a remedial action plan (RAP) under Subpart H of this Part; or
b) The owner or operator fails to furnish a requested Part B application on time, or to
furnish the full information required by the Part B application, in which case the
Agency must notify the owner and operator of the termination of interim status
following the procedures for a notice of intent to deny a permit pursuant to 35 Ill.
Adm. Code 705.
c) For an owner or operator of a land disposal facility that has been granted interim
status prior to November 8, 1984, on November 8, 1985, unless the following
conditions are fulfilled:
1) The owner or operator submits a Part B application for a permit for such
facility prior to that date; and
2) The owner or operator certifies that such facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
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d) For an owner or operator of a land disposal facility that is in existence on the
effective date of statutory or regulatory amendments under the federal Resource
Conservation and Recovery Act (42 USC 6901 et seq.) that render the facility
subject to the requirement to have a RCRA permit and which is granted interim
status, twelve months after the date on which the facility first becomes subject to
such permit requirement, unless the owner or operator of such facility does as
follows:
1) It submits a Part B application for a RCRA permit for such facility before
the date 12 months after the date on which the facility first becomes
subject to such permit requirement; and
2) It certifies that such facility is in compliance with all applicable
groundwater monitoring and financial responsibility requirements.
e) For an owner or operator of any land disposal unit that is granted authority to
operate under Section 703.155(a)(1), (a)(2), or (a)(3), on the day 12 months after
the effective date of such requirement, unless the owner or operator certifies that
such unit is in compliance with all applicable groundwater monitoring and
financial responsibility requirements (Subparts F and H of 35 Ill. Adm. Code
725).
f) For an owner or operator of each incinerator facility that achieved interim status
prior to November 8, 1984, on November 8, 1989, unless the owner or operator of
the facility submits a Part B application for a RCRA permit for an incinerator
facility by November 8, 1986.
g) For an owner or operator of any facility (other than a land disposal or an
incinerator facility) that achieved interim status prior to November 8, 1984, on
November 8, 1992, unless the owner or operator of the facility submits a Part B
application for a RCRA permit for the facility by November 8, 1988.
BOARD NOTE: Derived from 40 CFR 270.10(e)(5) (2002) and 270.73 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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Section 703.158 Permits for Less Than an Entire Facility
The Agency may issue or deny a permit for one or more units at a facility without
simultaneously issuing or denying a permit to all of the units at the facility. The interim status of
any unit for which a permit has not been issued or denied is not affected by the issuance or denial
of a permit to any other unit at the facility.
BOARD NOTE: Derived from 40 CFR 270.1(c)(4) (1992).
(Source: Amended at 18 Ill. Reg. 18316, effective December 20, 1994)
Section 703.159 Closure by Removal
An owner or operator of a surface impoundment, a land treatment unit, or a waste pile that is
closing by removal or decontamination under 35 Ill. Adm. Code 725 standards must obtain a
post-closure permit, unless it demonstrates to the Agency that the closure met the standards for
closure by removal or decontamination in 35 Ill. Adm. Code 724.328, 724.380(e), or 724.358,
respectively. The demonstration may be made in the following ways:
a) If the owner or operator has submitted a Part B application for a post-closure
permit, the owner or operator may request a determination, based on information
contained in the application, that 35 Ill. Adm. Code 724 closure by removal
standards are met. If the Agency makes a tentative decision that the 35 Ill. Adm.
Code 724 standards are met, the Agency will notify the public of this proposed
decision, allow for public comment and reach a final determination according to
the procedures in Section 703.160.
b) If the owner or operator has not submitted a Part B application for a post-closure
permit, the owner or operator may petition the Agency for a determination that a
post-closure permit is not required because the closure met the applicable 35 Ill.
Adm. Code 724 standards.
1) The petition must include data demonstrating that closure by removal or
decontamination standards were met.
2) The Agency must approve or deny the petition according to the procedures
outlined in Section 703.160.
BOARD NOTE: Derived from 40 CFR 270.1(c)(5) (2002).
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(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.160 Procedures for Closure Determination
a) If a facility owner or operator seeks an equivalency determination under Section
703.159, the Agency must provide the public, through a newspaper notice, the
opportunity to submit written comments on the information submitted by the
owner or operator within 30 days from the date of the notice. The Agency must
also, in response to a request or at its own discretion, hold a public hearing
whenever such a hearing might clarify one or more issues concerning the
equivalence of the 35 Ill. Adm. Code 725 closure to a 35 Ill. Adm. Code 724
closure. The Agency must give public notice of the hearing at least 30 days
before it occurs. (Public notice of the hearing may be given at the same time as
notice of the opportunity for the public to submit written comments, and the two
notices may be combined.)
b) The Agency must determine whether the 35 Ill. Adm. Code 725 closure met the
35 Ill. Adm. Code 724 closure by removal or decontamination requirements
within 90 days after receipt of the request or petition. If the Agency finds that the
closure did not meet the applicable 35 Ill. Adm. Code 724 standards, it must
provide the owner or operator with a written statement of the reasons why the
closure failed to meet 35 Ill. Adm. Code 724 standards. The owner or operator
may submit additional information in support of an equivalency demonstration
within 30 days after receiving such written statement. The Agency must review
any additional information submitted and make a final determination within 60
days.
c) If the Agency determines that the facility did not close in accordance with 35 Ill.
Adm. Code 724 closure by removal standards, the facility is subject to post-
closure permitting requirements.
BOARD NOTE: See 40 CFR 270.1(c)(6) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.161 Enforceable Document for Post-Closure Care
a) An owner or operator may obtain an enforceable document containing alternative
requirements for post-closure care that imposes the requirements of 35 Ill. Adm.
Code 725.221. “Enforceable document containing alternative requirements” or
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“other enforceable document,” as used in this Part and in 35 Ill. Adm. Code 724
and 725, means an order of the Board, an Agency-approved plan, or an order of a
court of competent jurisdiction that meets the requirements of subsection (b) of this
Section. An “enforceable document containing alternative requirements” or “other
enforceable document,” may also mean an order of USEPA (such as pursuant to
section 3008(h) of RCRA, 42 USC 6928(h), or under section 106 of the federal
Comprehensive Environmental Response, Compensation and Liability Act, 42 USC
9606).
BOARD NOTE: Derived from 40 CFR 270.1(c)(7) (2002).
b) Any alternative requirements issued under this Section or established to satisfy the
requirements of 35 Ill. Adm. Code 724.190(f), 724.210(c), 724.240(d), 725.190(f),
725.210(c), or 725.240(d) must be embodied in a document that is enforceable and
subject to appropriate compliance orders and civil penalties under Titles VIII and
XII of the Act [415 ILCS 5].
BOARD NOTE: Derived from 40 CFR 271.16(e) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
SUBPART D: APPLICATIONS
Section 703.180 Applications in General
a) This Subpart D contains requirements for applications for RCRA permits. A
“Part A” application is required of all facilities to obtain interim status. The “Part
B” application is a prerequisite to an actual permit, and need be filed for an
existing facility with interim status only when requested. New facilities must file
Part A and Part B at the same time;
b) Subpart E of this Part contains requirements for applications for emergency
permits, trial burn permits, and land treatment demonstration permits;
c) The application package must consist of the following:
1) Information required by 35 Ill. Adm. Code 702.123;
2) Part A (Section 703.181);
3) Part B, as follows:
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A) General information (Section 703.183);
B) Facility location information (Section 703.184);
C) Groundwater protection information, if required (Section 703.185);
D) Specific information for each type of TSD unit, i.e. tanks, surface
impoundments, landfills, etc. (Sections 703.200 et seq.);
E) Additional information to demonstrate compliance with 35 Ill.
Adm. Code 724 (Section 703.183(t));
F) Information for trial burn permits and land treatment
demonstrations (Subpart E of this Part).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.181 Contents of Part A
In addition to the information in 35 Ill. Adm. Code 702.123, Part A of the RCRA application
must include the following information:
a) The latitude and longitude of the facility;
b) The name, address, and telephone number of the owner of the facility;
c) An indication of whether the facility is new or existing and whether it is a first or
revised application;
d) For existing facilities, a scale drawing of the facility showing the location of all
past, present, and future treatment, storage, and disposal areas;
e) For existing facilities, photographs of the facility clearly delineating all existing
structures; existing treatment, storage, and disposal areas; and sites of future
treatment, storage, and disposal areas;
f) A description of the processes to be used for treating, storing, and disposing of
hazardous waste, and the design capacity of these items;
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g) A specification of the hazardous wastes listed or designated under 35 Ill. Adm.
Code 721 to be treated, stored, or disposed of at the facility, an estimate of the
quantity of such wastes to be treated, stored, or disposed of annually, and a
general description of the processes to be used for such wastes.
h) For hazardous debris, a description of the debris categories and containment
categories to be treated, stored, or disposed of at the facility.
BOARD NOTE: Derived from 40 CFR 270.13 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.182 Contents of Part B
Part B information requirements presented in Sections 703.183 et seq. reflect the standards
promulgated in 35 Ill. Adm. Code 724. These information requirements are necessary in order
for the Agency to determine compliance with the 35 Ill. Adm. Code 724 standards. If an owner
or operator of a HWM facility can demonstrate that the information prescribed in Part B cannot
be provided to the extent required, the Agency may make allowance for submission of such
information on a case by case basis. Information required in Part B must be submitted to the
Agency and signed in accordance with requirements in 35 Ill. Adm. Code 702.126. Certain
technical data, such as design drawings and specifications and engineering studies, must be
certified by a registered professional engineer. For post-closure care permits, only the
information specified in Section 703.214 is required in Part B of the permit application. Part B of
the RCRA application includes the following:
a) General information (Section 703.183);
b) Facility location information (Section 703.184);
c) Groundwater protection information (Section 703.185);
d) Exposure information (Section 703.186); and
e) Specific information (Section 703.200 et seq.).
BOARD NOTE: Derived from 40 CFR 270.14(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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Section 703.183 General Information
The following information is required in the Part B application for all HWM facilities, except as
35 Ill. Adm. Code 724.101 provides otherwise:
a) A general description of the facility;
b) Chemical and physical analyses of the hazardous wastes and hazardous debris to
be handled at the facility. At a minimum, these analyses must contain all the
information that must be known to treat, store, or dispose of the wastes properly
in accordance with 35 Ill. Adm. Code 724;
c) A copy of the waste analysis plan required by 35 Ill. Adm. Code 724.113(b) and,
if applicable, 35 Ill. Adm. Code 724.113(c);
d) A description of the security procedures and equipment required by 35 Ill. Adm.
Code 724.114, or a justification demonstrating the reasons for requesting a waiver
of this requirement;
e) A copy of the general inspection schedule required by 35 Ill. Adm. Code
724.115(b). Include where applicable, as part of the inspection schedule, specific
requirements in 35 Ill. Adm. Code 724.274, 724.293(i), 724.295, 724.326,
724.354, 724.373, 724.403, 724.702, 724.933, 724.952, 724.953, 724.958,
724.984, 724.985, 724.986, and 724.988;
f) A justification of any request for a waiver of the preparedness and prevention
requirements of Subpart C of 35 Ill. Adm. Code 724;
g) A copy of the contingency plan required by Subpart D of 35 Ill. Adm. Code 724;
BOARD NOTE: Include, where applicable, as part of the contingency plan,
specific requirements in 35 Ill. Adm. Code 724.200 and 724.327. Corresponding
40 CFR 270.14(b)(7) refers to the requirements of 40 CFR 264.255
(corresponding with 35 Ill. Adm. Code 724.355), marked “reserved” by USEPA.
h) A description of procedures, structures, or equipment used at the facility as
follows:
1) To prevent hazards in unloading operations (for example, ramps, or
special forklifts);
2) To prevent runoff from hazardous waste handling areas to other areas of
the facility or environment, or to prevent flooding (for example, berms,
dikes, or trenches);
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3) To prevent contamination of water supplies;
4) To mitigate effects of equipment failure and power outages;
5) To prevent undue exposure of personnel to hazardous waste (for example,
protective clothing); and
6) To prevent releases to the atmosphere;
i) A description of precautions to prevent accidental ignition or reaction of ignitable,
reactive, or incompatible wastes, as required to demonstrate compliance with 35
Ill. Adm. Code 724.117, including documentation demonstrating compliance with
35 Ill. Adm. Code 724.117(c);
j) A description of the area traffic pattern, the estimated traffic volume (number and
types of vehicles), and area traffic control (for example, show turns across traffic
lanes and stacking lanes, if appropriate); a description of access road surfacing
and load bearing capacity; and the locations and types of traffic control signals;
k) Facility location information, as required by Section 703.184;
l) An outline of both the introductory and continuing training programs by the
owner or operator to prepare persons to operate or maintain the HWM facility in a
safe manner, as required to demonstrate compliance with 35 Ill. Adm. Code
724.116. A brief description of how training will be designed to meet actual job
tasks in accordance with requirements in 35 Ill. Adm. Code 724.116(a)(3);
m) A copy of the closure plan and, where applicable, the post-closure plan required
by 35 Ill. Adm. Code 724.212, 724.218, and 724.297. Include, where applicable,
as part of the plans, specific requirements in 35 Ill. Adm. Code 724.278, 724.297,
724.328, 724.358, 724.380, 724.410, 724.451, 724.701, and 724.703;
n) For hazardous waste disposal units that have been closed, documentation that
notices required under 35 Ill. Adm. Code 724.219 have been filed;
o) The most recent closure cost estimate for the facility, prepared in accordance with
35 Ill. Adm. Code 724.242, and a copy of the documentation required to
demonstrate financial assurance under 35 Ill. Adm. Code 724.243. For a new
facility, a copy of the required documentation may be submitted 60 days prior to
the initial receipt of hazardous wastes, if it is later than the submission of the Part
B permit application;
p) Where applicable, the most recent post-closure cost estimate for the facility,
prepared in accordance with 35 Ill. Adm. Code 724.244, plus a copy of the
documentation required to demonstrate financial assurance under 35 Ill. Adm.
Code 724.245. For a new facility, a copy of the required documentation may be
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
submitted 60 days prior to the initial receipt of hazardous wastes, if it is later than
the submission of the Part B permit application;
q) Where applicable, a copy of the insurance policy or other documentation that
comprises compliance with the requirements of 35 Ill. Adm. Code 724.247. For a
new facility, documentation showing the amount of insurance meeting the
specification of 35 Ill. Adm. Code 724.247(a) and, if applicable, 35 Ill. Adm.
Code 724.247(b) that the owner or operator plans to have in effect before initial
receipt of hazardous waste for treatment, storage, or disposal. A request for an
alternative level of required coverage for a new or existing facility may be
submitted as specified in 35 Ill. Adm. Code 724.247(c);
r) This subsection corresponds with 40 CFR 270.14(b)(18), pertaining to state
financial mechanisms that do not apply in Illinois. This statement maintains
structural parity with the federal regulations;
s) A topographic map showing a distance of 1000 feet around the facility at a scale
of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet).
Contours must be shown on the map. The contour interval must be sufficient to
clearly show the pattern of surface water flow in the vicinity of and from each
operational unit of the facility. For example, contours with an interval of 1.5
meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6
meters (2 feet), if relief is less than 6.1 meters (20 feet). An owner or operator of
a HWM facility located in a mountainous area must use larger contour intervals to
adequately show topographic profiles of facilities. The map must clearly show
the following:
1) Map scale and date;
2) 100-year floodplain area;
3) Surface waters including intermittent streams;
4) Surrounding land uses (e.g., residential, commercial, agricultural,
recreational, etc.);
5) A wind rose (i.e., prevailing windspeed and direction);
6) Orientation of the map (north arrow);
7) Legal boundaries of the HWM facility site;
8) Access control (e.g., fences, gates, etc.);
9) Injection and withdrawal wells both on-site and off-site;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
10) Buildings; treatment, storage, or disposal operations; or other structures
(e.g., recreation areas, runoff control systems, access and internal roads,
storm, sanitary and process sewage systems, loading and unloading areas,
fire control facilities, etc.);
11) Barriers for drainage or flood control; and
12) Location of operational units within the HWM facility site, where
hazardous waste is (or will be) treated, stored, or disposed of (include
equipment cleanup areas);
BOARD NOTE: For large HWM facilities, the Agency must allow the use of
other scales on a case-by-case basis.
t) Applicants must submit such information as the Agency determines is necessary
for it to determine whether to issue a permit and what conditions to impose in any
permit issued;
u) For land disposal facilities, if a case-by-case extension has been approved under
35 Ill. Adm. Code 728.105 or if a petition has been approved under 35 Ill. Adm.
Code 728.106, a copy of the notice of approval of the extension or of approval of
the petition is required; and
v) A summary of the pre-application meeting, along with a list of attendees and their
addresses, and copies of any written comments or materials submitted at the
meeting, as required under 35 Ill. Adm. Code 703.191(c).
BOARD NOTE: Derived from 40 CFR 270.14(b) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.184 Facility Location Information
a) In order to show compliance with the facility location requirements of Section
21(l) of the Environmental Protection Act [415 ILCS 5/21(l)], the owner or
operator must include the following information, or a demonstration that Section
21(l) does not apply:
1) Location of any active or inactive shaft or tunneled mine below the
facility;
2) Location of any active faults in the earth’s crust within two miles of the
facility boundary;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3) Location of existing private wells or existing sources of a public water
supply within 1000 feet of any disposal unit boundary;
4) Location of the corporate boundaries of any municipalities within one and
one-half miles of the facility boundary;
BOARD NOTE: Subsections (a)(1), (a)(2), (a)(3), and (a)(4) of this
Section request information necessary to allow the Agency to determine
the applicability of Section 21(l) of the Environmental Protection Act [415
ILCS 5/21(l)] requirements. These provisions are not intended to modify
the requirements of the Act. For example, the operator is required to give
the location of wells on its own property, even though the Agency might
find that these do not prohibit the site location.
5) Documentation showing approval of municipalities if such approval is
required by Section 21(l) of the Environmental Protection Act [415 ILCS
5/21(l)];
c) An owner or operator of all facilities must provide an identification of whether the
facility is located within a 100-year floodplain. This identification must indicate
the source of data for such determination and include a copy of the relevant flood
map produced by the Federal Emergency Management Agency, National Flood
Insurance Program (NFIP), if used, or the calculations and maps used where a
NFIP map is not available. Information must also be provided identifying the
100-year flood level and any other special flooding factors (e.g., wave action) that
must be considered in designing, constructing, operating, or maintaining the
facility to withstand washout from a 100-year flood;
BOARD NOTE: NFIP maps are available as follows: Flood Map Distribution
Center, National Flood Insurance Program, Federal Emergency Management
Agency, 6930 (A-F) San Tomas Road, Baltimore, MD 21227-6227. 800-638-
6620; and, Illinois Floodplain Information Depository, State Water Survey, 514
WSRC, University of Illinois, Urbana, IL 61801. 217-333-0447. Where NFIP
maps are available, they will normally be determinative of whether a facility is
located within or outside of the 100-year flood plain. However, where the NFIP
map excludes an area (usually areas of the flood plain less than 200 feet in width),
these areas must be considered and a determination made as to whether they are in
the 100-year floodplain. Where NFIP maps are not available for a proposed
facility location, the owner or operator must use equivalent mapping techniques to
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
determine whether the facility is within the 100-year floodplain, and if so located,
what is the 100-year flood elevation.
d) An owner or operator of facilities located in the 100-year floodplain must provide
the following information:
1) Engineering analysis to indicate the various hydrodynamic and hydrostatic
forces expected to result at the site as a consequence of a 100-year flood;
2) Structural or other engineering studies showing the design of operational
units (e.g., tanks, incinerators) and flood protection devices (e.g.,
floodwalls, dikes) at the facility and how these will prevent washout;
3) If applicable, and in lieu of subsections (d)(1) and (d)(2) of this Section, a
detailed description of procedures to be followed to remove hazardous
waste to safety before the facility is flooded, including the following:
A) Timing of such movement relative to flood levels, including
estimated time to move the waste, to show that such movement can
be completed before floodwaters reach the facility;
B) A description of the locations to which the waste will be moved
and demonstration that those facilities will be eligible to receive
hazardous waste in accordance with 35 Ill. Adm. Code 702, 703,
724, and 725;
C) The planned procedures, equipment, and personnel to be used and
the means to ensure that such resources will be available in time
for use; and
D) The potential for accidental discharges of the waste during
movement;
e) An owner or operator of existing facilities not in compliance with 35 Ill. Adm.
Code 724.118(b) must provide a plan showing how the facility will be brought
into compliance and a schedule for compliance. Such an owner or operator must
file a concurrent variance petition with the Board; and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
f) An owner or operator of a new regional pollution control facility, as defined in
Section 3 of the Environmental Protection Act [415 ILCS 5/3], must provide
documentation showing site location suitability from the county board or other
governing body as provided by Section 39(c) and 39.2 of that Act [415 ILCS
5/39(c) and 39.2].
BOARD NOTE: Subsections (b) through (e) of this Section are derived from 40 CFR
270.14(b)(11)(iii) through (b)(11)(v) (2002). The Board has not codified an equivalent to 40
CFR 270.14(b)(11)(i) and (b)(11)(ii), relating to certain seismic zones not located within Illinois.
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.185 Groundwater Protection Information
The following additional information regarding protection of groundwater is required from an
owner or operator of a hazardous waste facility containing a regulated unit, except as provided in
35 Ill. Adm. Code 724.190(b):
a) A summary of the groundwater monitoring data obtained during the interim status
period under 35 Ill. Adm. Code 725.190 through 725.194, where applicable;
b) Identification of the uppermost aquifer and aquifers hydraulically interconnected
beneath the facility property, including groundwater flow direction and rate, and
the basis for such identification (i.e., the information obtained from hydrogeologic
investigations of the facility area);
c) On the topographic map required under Section 703.183(s), a delineation of the
waste management area, the property boundary, the proposed “point of
compliance” as defined under 35 Ill. Adm. Code 724.195, the proposed location
of groundwater monitoring wells as required under 35 Ill. Adm. Code 724.197
and, to the extent possible, the information required in subsection (b) of this
Section;
d) A description of any plume of contamination that has entered the groundwater
from a regulated unit at the time that the application is submitted that does the
following:
1) It delineates the extent of the plume on the topographic map required
under Section 703.183(s);
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
2) It identifies the concentration of each Appendix I to 35 Ill. Adm. Code 724
constituent throughout the plume or identifies the maximum
concentrations of each Appendix I to 35 Ill. Adm. Code 724 constituent in
the plume;
e) Detailed plans and an engineering report describing the proposed groundwater
monitoring program to be implemented to meet the requirements of 35 Ill. Adm.
Code 724.197;
f) If the presence of hazardous constituents has not been detected in the groundwater
at the time of permit application, the owner or operator must submit sufficient
information, supporting data and analyses to establish a detection monitoring
program that meets the requirements of 35 Ill. Adm. Code 724.198. This
submission must address the following items as specified under that Section:
1) A proposed list of indicator parameters, waste constituents or reaction
products that can provide a reliable indication of the presence of
hazardous constituents in the groundwater;
2) A proposed groundwater monitoring system;
3) Background values for each proposed monitoring parameter or
constituent, or procedures to calculate such values; and
4) A description of proposed sampling, analysis, and statistical comparison
procedures to be utilized in evaluating groundwater monitoring data;
g) If the presence of hazardous constituents has been detected in the groundwater at
the point of compliance at the time of permit application, the owner or operator
must submit sufficient information, supporting data and analyses to establish a
compliance monitoring program that meets the requirements of 35 Ill. Adm. Code
724.199. Except as provided in 35 Ill. Adm. Code 724.198(h)(5), the owner or
operator must also submit an engineering feasibility plan for a corrective action
program necessary to meet the requirements of 35 Ill. Adm. Code 724.200, unless
the owner or operator obtains written authorization in advance from the Agency to
submit a proposed permit schedule for submittal of such a plan. To demonstrate
compliance with 35 Ill. Adm. Code 724.199, the owner or operator must address
the following items:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
1) A description of the wastes previously handled at the facility;
2) A characterization of the contaminated groundwater, including
concentrations of hazardous constituents;
3) A list of hazardous constituents for which compliance monitoring will be
undertaken in accordance with 35 Ill. Adm. Code 724.197 and 724.199;
4) Proposed concentration limits for each hazardous constituent, based on the
criteria set forth in 35 Ill. Adm. Code 724.194(a), including a justification
for establishing any alternate concentration limits;
5) Detailed plans and an engineering report describing the proposed
groundwater monitoring system, in accordance with the requirements of
35 Ill. Adm. Code 724.197; and
6) A description of proposed sampling, analysis, and statistical comparison
procedures to be utilized in evaluating groundwater monitoring data;
h) If hazardous constituents have been measured in the groundwater that exceed the
concentration limits established under 35 Ill. Adm. Code 724.194, Table 1, or if
groundwater monitoring conducted at the time of permit application under 35 Ill.
Adm. Code 725.190 through 725.194 at the waste boundary indicates the presence
of hazardous constituents from the facility in groundwater over background
concentrations, the owner or operator must submit sufficient information,
supporting data, and analyses to establish a corrective action program that meets
the requirements of 35 Ill. Adm. Code 724.200. However, an owner or operator is
not required to submit information to establish a corrective action program if it
demonstrates to the Agency that alternate concentration limits will protect human
health and the environment after considering the criteria listed in 35 Ill. Adm.
Code 724.194(b). An owner or operator who is not required to establish a
corrective action program for this reason must instead submit sufficient
information to establish a compliance monitoring program that meets the
requirements of subsection (f) and 35 Ill. Adm. Code 724.199. To demonstrate
compliance with 35 Ill. Adm. Code 724.200, the owner or operator must address,
at a minimum, the following items:
1) A characterization of the contaminated groundwater, including
concentrations of hazardous constituents;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
2) The concentration limit for each hazardous constituent found in the
groundwater, as set forth in 35 Ill. Adm. Code 724.194;
3) Detailed plans and an engineering report describing the corrective action
to be taken; and
4) A description of how the groundwater monitoring program will assess the
adequacy of the corrective action.
5) The permit may contain a schedule for submittal of the information
required in subsections (h)(3) and (h)(4) of this Section, provided the
owner or operator obtains written authorization from the Agency prior to
submittal of the complete permit application.
BOARD NOTE: See 40 CFR 270.14(c) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.186 Exposure Information
a) Any Part B permit application submitted by an owner or operator of a facility that
stores, treats, or disposes of hazardous waste in a surface impoundment or a
landfill must be accompanied by information, reasonably ascertainable by the
owner or operator, on the potential for the public to be exposed to hazardous
wastes or hazardous constituents through releases related to the unit. At a
minimum, such information must address the following:
1) Reasonably foreseeable potential releases from both normal operations
and accidents at the unit, including releases associated with transportation
to or from the unit;
2) The potential pathways of human exposure to hazardous wastes or
constituents resulting from the releases described under subsection (a)(1)
of this Section; and
3) The potential magnitude and nature of the human exposure resulting from
such releases.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
b) By August 8, 1985, an owner or operator of a landfill or a surface impoundment
that had already submitted a Part B application must have submitted the exposure
information required in subsection (a) of this Section.
BOARD NOTE: Derived from 40 CFR 270.10(j) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.187 Solid Waste Management Units
a) The following information is required for each solid waste management unit at a
facility seeking a permit:
1) The location of the unit on the topographic map required under Section
703.183(s);
2) Designation of the type of unit;
3) General dimensions and structural description (supply any available
drawings);
4) When the unit was operated; and
5) Specification of all wastes that have been managed at the unit, to the
extent available.
b) The owner or operator of any facility containing one or more solid waste
management units must submit all available information pertaining to any release
of hazardous wastes or hazardous constituents from such unit or units.
c) The owner or operator must conduct and provide the results of sampling and
analysis of groundwater, land surface and subsurface strata, surface water or air,
which may include the installation of wells, where the Agency determines it is
necessary to complete a RCRA facility assessment that will determine if a more
complete investigation is necessary.
BOARD NOTE: Derived from 40 CFR 270.14(d) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Section 703.188 Other Information
The Agency may require a permittee or applicant to submit information in order to establish
permit conditions under Section 703.241(a)(2) (conditions necessary to protect human health and
the environment) and 35 Ill. Adm. Code 702.161 (duration of permits).
BOARD NOTE: Derived from 40 CFR 270.10(k) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.191 Public Participation: Pre-Application Public Notice and Meeting
a) Applicability. The requirements of this Section must apply to any RCRA Part B
application seeking an initial permit for a hazardous waste management unit. The
requirements of this Section must also apply to any RCRA Part B application
seeking renewal of a permit for such a unit, where the renewal application is
proposing a significant change in facility operations. For the purposes of this
Section, a “significant change” is any change that would qualify as a class 3
permit modification under Section 703.283 and Appendix A to this Part. The
requirements of this Section do not apply to permit modifications under Sections
703.280 through 703.283 or to applications that are submitted for the sole purpose
of conducting post-closure activities or post-closure activities and corrective
action at a facility.
b) Prior to the submission of a RCRA Part B permit application for a facility, the
applicant must hold at least one meeting with the public in order to solicit
questions from the community and inform the community of its proposed
hazardous waste management activities. The applicant must post a sign-in sheet
or otherwise provide a voluntary opportunity for attendees to provide their names
and addresses.
c) The applicant must submit to the Agency, as part of its RCRA Part B permit
application, a summary of the meeting, along with the list of attendees and their
addresses developed under subsection (b) of this Section and copies of any written
comments or materials submitted at the meeting, in accordance with Section
703.183.
d) The applicant must provide public notice of the pre-application meeting at least
30 days prior to the meeting. The applicant must maintain documentation of the
notice and provide that documentation to the permitting agency upon request.
1) The applicant must provide public notice in each of the following forms:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
A) A newspaper advertisement. The applicant must publish a notice
in a newspaper of general circulation in the county that hosts the
proposed location of the facility. The notice must fulfill the
requirements set forth in subsection (d)(2) of this Section. In
addition, the Agency must instruct the applicant to publish the
notice in newspapers of general circulation in adjacent counties,
where the Agency determines that such publication is necessary to
inform the affected public. The notice must be published as a
display advertisement.
B) A visible and accessible sign. The applicant must post a notice on
a clearly marked sign at or near the facility. The notice must fulfill
the requirements set forth in subsection (d)(2) of this Section. If
the applicant places the sign on the facility property, then the sign
must be large enough to be readable from the nearest point where
the public would pass by the site.
C) A broadcast media announcement. The applicant must broadcast a
notice at least once on at least one local radio station or television
station. The notice must fulfill the requirements set forth in
subsection (d)(2) of this Section. The applicant may employ
another medium with prior approval of the Agency.
D) A notice to the Agency. The applicant must send a copy of the
newspaper notice to the permitting agency and to the appropriate
units of State and local government, in accordance with 35 Ill.
Adm. Code 705.163(a).
2) The notices required under subsection (d)(1) of this Section must include
the following:
A) The date, time, and location of the meeting;
B) A brief description of the purpose of the meeting;
C) A brief description of the facility and proposed operations,
including the address or a map (e.g., a sketched or copied street
map) of the facility location;
D) A statement encouraging people to contact the facility at least 72
hours before the meeting if they need special access to participate
in the meeting; and
E) The name, address, and telephone number of a contact person for
the applicant.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
BOARD NOTE: Derived from 40 CFR 124.31 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.192 Public Participation: Public Notice of Application
a) Applicability. The requirements of this Section must apply to any RCRA Part B
application seeking an initial permit for a hazardous waste management unit. The
requirements of this Section must also apply to any RCRA Part B application
seeking renewal of a permit for such a unit under 35 Ill. Adm. Code 702.125. The
requirements of this Section do not apply to permit modifications under Sections
703.280 through 703.283 or a permit application submitted for the sole purpose of
conducting post-closure activities or post-closure activities and corrective action
at a facility.
b) Notification at application submittal.
1) The Agency must provide public notice as set forth in 35 Ill. Adm. Code
705.161, and notice to appropriate units of State and local government as
set forth in 35 Ill. Adm. Code 705.163(a)(5), that a Part B permit
application has been submitted to the Agency and is available for review.
2) The notice must be published within 30 calendar days after the application
is received by the Agency. The notice must include the following
information:
A) The name and telephone number of the applicant’s contact person;
B) The name and telephone number of the appropriate Agency
regional office, as directed by the Agency, and a mailing address to
which information, opinions, and inquiries may be directed
throughout the permit review process;
C) An address to which people can write in order to be put on the
facility mailing list;
D) The location where copies of the permit application and any
supporting documents can be viewed and copied;
E) A brief description of the facility and proposed operations,
including the address or a map (e.g., a sketched or copied street
map) of the facility location on the front page of the notice; and
F) The date that the application was submitted.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
c) Concurrent with the notice required under subsection (b) of this Section, the
Agency must place the permit application and any supporting documents in a
location accessible to the public in the vicinity of the facility or at the Agency
regional office appropriate for the facility.
BOARD NOTE: Derived from 40 CFR 124.32 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.193 Public Participation: Information Repository
a) Applicability. The requirements of this Section must apply to any application
seeking a RCRA permit for a hazardous waste management unit.
b) The Agency must assess the need for an information repository on a case-by-case
basis. When assessing the need for an information repository, the Agency must
consider a variety of factors, including the following: the level of public interest;
the type of facility; the presence of an existing repository; and the proximity to the
nearest copy of the administrative record. If the Agency determines, at any time
after submittal of a permit application, that there is a need for a repository, then
the Agency must notify the facility that it must establish and maintain an
information repository. (See Section 703.248 for similar provisions relating to the
information repository during the life of a permit.)
c) The information repository must contain all documents, reports, data, and
information deemed necessary by the Agency to fulfill the purposes for which the
repository is established. The Agency will have the discretion to limit the
contents of the repository.
d) The information repository must be located and maintained at a site chosen by the
facility. If the Agency determines that the chosen site is unsuitable for the
purposes and persons for which it was established, due to problems with the
location, hours of availability, access, or other relevant considerations, then the
Agency must specify a more appropriate site.
e) The Agency must specify requirements for the applicant for informing the public
about the information repository. At a minimum, the Agency must require the
facility to provide a written notice about the information repository to all
individuals on the facility mailing list.
f) The facility owner or operator must be responsible for maintaining and updating
the repository with appropriate information throughout a time period specified by
the Agency. The Agency may close the repository if it determines that the
repository is no longer needed based on its consideration of the factors in
subsection (b) of this Section.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
BOARD NOTE: Derived from 40 CFR 124.33 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.200 Specific Part B Application Information
Additional information is required in the Part B application by the following Sections from
owners or operators of specific types of TSD unit:
a) Containers (Section 703.201);
b) Tanks (Section 703.202);
c) Surface impoundments (Section 703.203);
d) Waste piles (Section 703.204);
e) Incinerators (Section 703.205);
f) Land treatment
(Section 703.206); and
g) Landfills (Section 703.207).
BOARD NOTE: Derived in part from 40 CFR 270.14(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.201 Containers
For a facility that stores containers of hazardous waste, except as otherwise provided in 35 Ill.
Adm. Code 724.270, the Part B application must include the following:
a) A description of the containment system to demonstrate compliance with 35 Ill.
Adm. Code 724.275. Show at least the following:
1) Basic design parameters, dimensions, and materials of construction;
2) How the design promotes drainage or how containers are kept from
contact with standing liquids in the containment system;
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3) Capacity of the containment system relative to the number and volume of
containers to be stored;
4) Provisions for preventing or managing run-on; and
5) How accumulated liquids can be analyzed and removed to prevent
overflow.
b) For storage areas that store containers holding wastes that do not contain free
liquids, a demonstration of compliance with 35 Ill. Adm. Code 724.275(c),
including the following:
1) Test procedures and results or other documentation or information to show
that the wastes do not contain free liquids; and
2) A description of how the storage area is designed or operated to drain and
remove liquids or how containers are kept from contact with standing
liquids.
c) Sketches, drawings, or data demonstrating compliance with 35 Ill. Adm. Code
724.276 (location of buffer zone and containers holding ignitable or reactive
wastes) and 35 Ill. Adm. Code 724.277(c) (location of incompatible wastes),
where applicable.
d) Where incompatible wastes are stored or otherwise managed in containers, a
description of the procedures used to ensure compliance with 35 Ill. Adm. Code
724.117(b) and (c) and 724.277(a) and (b).
e) Information on air emission control equipment, as required in Section 703.213.
BOARD NOTE: Derived from 40 CFR 270.15 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.202 Tank Systems
Except as otherwise provided in 35 Ill. Adm. Code 724.290, the owner or operator of a facility
that uses tanks to store or treat hazardous waste must provide the following additional
information:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
a) A written assessment that is reviewed and certified by an independent, qualified,
registered professional engineer as to the structural integrity and suitability for
handling hazardous waste of each tank system, as required under 35 Ill. Adm.
Code 724.291 and 724.292;
b) Dimensions and capacity of each tank;
c) Description of feed systems, safety cutoff, bypass systems, and pressure controls
(e.g., vents);
d) A diagram of piping, instrumentation, and process flow for each tank system;
e) A description of materials and equipment used to provide external corrosion
protection, as required under 35 Ill. Adm. Code 724.292(a)(3)(B);
f) For new tank systems, a detailed descriptions of how the tank systems will be
installed in compliance with 35 Ill. Adm. Code 724.292(b), (c), (d), and (e);
g) Detailed plans and description of how the secondary containment system for each
tank system is or will be designed, constructed, and operated to meet the
requirements of 35 Ill. Adm. Code 724.293(a), (b), (c), (d), (e), and (f);
h) For tank systems for which alternative design and operating practices are sought
pursuant to 35 Ill. Adm. Code 724.293(g), the following:
1) Detailed plans and engineering and hydrogeologic reports, as appropriate,
describing alternate design and operating practices that will, in
conjunction with location aspects, prevent the migration of any hazardous
waste or hazardous constituents into the groundwater or surface water
during the life of the facility,
2) A detailed assessment of the substantial present or potential hazards posed
to human health or the environment should a release enter the
environment, or
3) A copy of the petition for alternative design and operating practices or, if
such have already been granted, a copy of the Board order granting
alternative design and operating practices;
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i) Description of controls and practices to prevent spills and overflows, as required
under 35 Ill. Adm. Code 724.294(b);
j) For tank systems in which ignitable, reactive or incompatible wastes are to be
stored or treated, a description of how operating procedures and tank system and
facility design will achieve compliance with the requirements of 35 Ill. Adm.
Code 724.298 and 724.299; and
k) Information on air emission control equipment, as required in Section 703.213.
BOARD NOTE: Derived from 40 CFR 270.16 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.203 Surface Impoundments
For a facility that stores, treats, or disposes of hazardous waste in surface impoundments, except
as otherwise provided in 35 Ill. Adm. Code 724.101, the Part B application must include the
following:
a) A list of the hazardous wastes placed or to be placed in each surface
impoundment.
b) Detailed plans and an engineering report describing how the surface
impoundment is designed and is or will be constructed, operated, and maintained
to meet the requirements of 35 Ill. Adm. Code 724.119, 724.321, 724.322, and
724.323, addressing the following items:
1) The liner system (except for an existing portion of a surface
impoundment). If an exemption from the requirement for a liner is sought,
as provided by 35 Ill. Adm. Code 724.321(b), submit a copy of the Board
order granting an adjusted standard pursuant to 35 Ill. Adm. Code
724.321(b);
2) The double liner and leak (leachate) detection, collection, and removal
system, if the surface impoundment must meet the requirements of 35 Ill.
Adm. Code 724.321(c). If an exemption from the requirements for double
liners and a leak detection, collection, and removal system or alternative
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
design is sought as provided by 35 Ill. Adm. Code 724.321(d), (e), or (f),
submit appropriate information;
3) If the leak detection system is located in a saturated zone, submit detailed
plans and an engineering report explaining the leak detection system
design and operation and the location of the saturated zone in relation to
the leak detection system;
4) The construction quality assurance (CQA) plan if required under 35 Ill.
Adm. Code 724.119;
5) Proposed action leakage rate, with rationale, if required under 35 Ill. Adm.
Code 724.322; response action plan, if required under 35 Ill. Adm. Code
724.323; and a proposed pump operating level, if required under 35 Ill.
Adm. Code 724.326(d)(3);
6) Prevention of overtopping; and
7) Structural integrity of dikes.
c) A description of how each surface impoundment, including the double liner
system, leak detection system, cover system, and appurtenances for control of
overtopping will be inspected in order to meet the requirements of 35 Ill. Adm.
Code 724.326(a), (b), and (d). This information must be included in the
inspection plan submitted under Section 703.183(e).
d) A certification by a qualified engineer that attests to the structural integrity of
each dike, as required under 35 Ill. Adm. Code 724.326(c). For new units, the
owner or operator must submit a statement by a qualified engineer that the
engineer will provide such a certification upon completion of construction in
accordance with the plans and specifications.
e) A description of the procedure to be used for removing a surface impoundment
from service, as required under 35 Ill. Adm. Code 724.327(b) and (c). This
information must be included in the contingency plan submitted under Section
703.183(g).
f) A description of how hazardous waste residues and contaminated materials will
be removed from the unit at closure, as required under 35 Ill. Adm. Code
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724.328(a)(1). For any wastes not to be removed from the unit upon closure, the
owner or operator must submit detailed plans and an engineering report
describing how 35 Ill. Adm. Code 724.328(a)(2) and (b) will be complied with.
This information must be included in the closure plan and, where applicable, the
post-closure plan submitted under Section 703.183(m).
g) If ignitable or reactive wastes are to be placed in a surface impoundment, an
explanation of how 35 Ill. Adm. Code 724.329 will be complied with.
h) If incompatible wastes, or incompatible wastes and materials, will be placed in a
surface impoundment, an explanation of how 35 Ill. Adm. Code 724.330 will be
complied with.
i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,
F026, and F027 describing how the surface impoundment is or will be designed,
constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.
Code 724.331. This submission must address the following items, as specified in
that Section:
1) The volume, physical, and chemical characteristics of the wastes,
including their potential to migrate through soil or to volatilize or escape
into the atmosphere;
2) The attenuative properties of underlying and surrounding soils or other
materials;
3) The mobilizing properties of other materials co-disposed with these
wastes; and
4) The effectiveness of additional treatment, design, or monitoring
techniques.
j) Information on air emission control equipment, as required in Section 703.213.
BOARD NOTE: Derived from 40 CFR 270.17 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Section 703.204 Waste Piles
For a facility that stores or treats hazardous waste in waste piles, except as otherwise provided in
35 Ill. Adm. Code 724.101, the Part B application must include the following:
a) A list of hazardous wastes placed or to be placed in each waste pile;
b) If an exemption is sought to 35 Ill. Adm Code 724.351 and Subpart F of 35 Ill.
Adm. Code 724, as provided by 35 Ill. Adm. Code 724.350(c) or 724.190(b)(2),
an explanation of how the requirements of 35 Ill. Adm. Code 724.350(c) will be
complied with or detailed plans and an engineering report describing how the
requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met;
c) Detailed plans and an engineering report describing how the pile is designed and
is or will be constructed, operated and maintained to meet the requirements of 35
Ill. Adm. Code 724.119, 724.351, 724.352, and 724.353, addressing the following
items:
1) Liner, leak detection, and removal system.
A) The liner system (except for an existing portion of a waste pile), if
the waste pile must meet the requirements of 35 Ill. Adm. Code
724.351(a). If an exemption from the requirement for a liner is
sought, as provided by 35 Ill. Adm. Code 724.351(b), the owner or
operator must submit a copy of the Board order granting an
adjusted standard pursuant to 35 Ill. Adm. Code 724.351(b);
B) The double liner and leak (leachate) detection, collection and
removal system, if the waste pile must meet the requirements of 35
Ill. Adm. Code 724.351(c). If an exemption from the requirements
for double liners and a leak detection, collection, and removal
system or alternative design is sought as provided by 35 Ill. Adm.
Code 724.351(d), (e), or (f), submit appropriate information;
C) If the leak detection system is located in a saturated zone, submit
detailed plans and an engineering report explaining the leak
detection system design and operation, and the location of the
saturated zone in relation to the leak detection system;
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D) The CQA plan, if required under 35 Ill. Adm. Code 724.119;
E) Proposed action leakage rate, with rationale, if required under 35
Ill. Adm. Code 724.352, and response action plan, if required
under 35 Ill. Adm. Code 724.353;
2) Control of run-on;
3) Control of run-off;
4) Management of collection and holding units associated with run-on and
run-off control systems; and
5) Control of wind dispersal of particulate matter, where applicable;
d) A description of how each waste pile, including the double liner system, leachate
collection and removal system, leak detection system, cover system, and appurtenances for
control of run-on and run-off, will be inspected in order to meet the requirements of 35 Ill. Adm.
Code 724.354(a), (b), and (c). This information must be included in the inspection plan
submitted under Section 703.183(e).
e) If the treatment is carried out on or in the pile, details about the process and
equipment used, and the nature and quality of the residuals;
f) If ignitable or reactive wastes are to be placed in a waste pile, an explanation of
how the requirements of 35 Ill. Adm. Code 724.356 will be complied with;
g) If incompatible wastes, or incompatible wastes and materials, will be placed in a
waste pile, an explanation of how 35 Ill. Adm. Code 724.357 will be complied
with;
h) A description of how hazardous waste residues and contaminated materials will
be removed from the waste pile at closure, as required under 35 Ill. Adm. Code
724.358(a). For any waste not to be removed from the waste pile upon closure,
the owner or operator must submit detailed plans and an engineering report
describing how 35 Ill. Adm. Code 724.410(a) and (b) will be complied with. This
information must be included in the closure plan and, where applicable, the post-
closure plan submitted under Section 703.183(m); and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,
F026, and F027 describing how the surface impoundment is or will be designed,
constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.
Code 724.359. This submission must address the following items as specified in
that Section:
1) The volume, physical, and chemical characteristics of the wastes,
including their potential to migrate through soil or to volatilize or escape
into the atmosphere;
2) The attenuative properties of underlying and surrounding soils or other
materials;
3) The mobilizing properties of other materials co-disposed with these
wastes; and
4) The effectiveness of additional treatment, design, or monitoring
techniques.
BOARD NOTE: Derived from 40 CFR 270.18 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.205 Incinerators that Burn Hazardous Waste
For a facility that incinerates hazardous waste, except as 35 Ill. Adm. Code 724.440 and
subsection (e) of this Section provide otherwise, the applicant must fulfill the requirements of
subsection (a), (b), or (c) of this Section in completing the Part B application.
a) When seeking exemption under 35 Ill. Adm. Code 724.440(b) or (c) (ignitable,
corrosive, or reactive wastes only), the following requirements:
1) Documentation that the waste is listed as a hazardous waste in Subpart D
of 35 Ill. Adm. Code 721 solely because it is ignitable (Hazard Code I),
corrosive (Hazard Code C), or both;
2) Documentation that the waste is listed as a hazardous waste in Subpart D
of 35 Ill. Adm. Code 721 solely because it is reactive (Hazard Code R) for
characteristics other than those listed in 35 Ill. Adm. Code 721.123(a)(4)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
and (a)(5) and will not be burned when other hazardous wastes are present
in the combustion zone;
3) Documentation that the waste is a hazardous waste solely because it
possesses the characteristic of ignitability or corrosivity, or both, as
determined by the tests for characteristics of hazardous wastes under
Subpart C of 35 Ill. Adm. Code 721; or
4) Documentation that the waste is a hazardous waste solely because it
possesses the reactivity characteristics listed in 35 Ill. Adm. Code
721.123(a)(1) through (a)(3) or (a)(6) through (a)(8), and that it will not be
burned when other hazardous wastes are present in the combustion zone.
b) Submit a trial burn plan or the results of a trial burn, including all required
determinations, in accordance with Section 703.222 et seq.
c) In lieu of a trial burn, the applicant may submit the following information:
1) An analysis of each waste or mixture of wastes to be burned including the
following:
A) Heat value of the waste in the form and composition in which it
will be burned;
B) Viscosity (if applicable) or description of physical form of the
waste;
C) An identification of any hazardous organic constituents listed in
Appendix H to 35 Ill. Adm. Code 721 that are present in the waste
to be burned, except that the applicant need not analyze for
constituents listed in Appendix H to 35 Ill. Adm. Code 721 that
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified and the
basis for their exclusion stated. The waste analysis must rely on
analytical techniques specified in “Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods,” USEPA Publication
SW-846, as incorporated by reference at 35 Ill. Adm. Code
720.111, or their equivalent;
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D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by the
analytical methods specified in “Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods,” USEPA Publication
SW-846, as incorporated by reference at 35 Ill. Adm. Code
720.111; and
E) A quantification of those hazardous constituents in the waste that
may be designated as POHCs based on data submitted from other
trial or operational burns that demonstrate compliance with the
performance standard in 35 Ill. Adm. Code 724.443;
2) A detailed engineering description of the incinerator, including the
following:
A) Manufacturer’s name and model number of incinerator;
B) Type of incinerator;
C) Linear dimension of incinerator unit including cross sectional area
of combustion chamber;
D) Description of auxiliary fuel system (type/feed);
E) Capacity of prime mover;
F) Description of automatic
waste feed cutoff systems;
G) Stack gas monitoring and pollution control monitoring system;
H) Nozzle and burner design;
I) Construction materials; and
J) Location and description of temperature, pressure and flow
indicating devices and control devices;
3) A description and analysis of the waste to be burned compared with the
waste for which data from operational or trial burns are provided to
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support the contention that a trial burn is not needed. The data should
include those items listed in subsection (c)(1) of this Section. This
analysis should specify the POHCs that the applicant has identified in the
waste for which a permit is sought, and any differences from the POHCs
in the waste for which burn data are provided;
4) The design and operating conditions of the incinerator unit to be used,
compared with that for which comparative burn data are available;
5) A description of the results submitted from any previously conducted trial
burns, including the following:
A) Sampling and analysis techniques used to calculate performance
standards in 35 Ill. Adm. Code 724.443;
B) Methods and results of monitoring temperatures, waste feed rates,
carbon monoxide, and an appropriate indicator of combustion gas
velocity (including a statement concerning the precision and
accuracy of this measurement); and
C) The certification and results required by subsection (b) of this
Section;
6) The expected incinerator operation information to demonstrate compliance
with 35 Ill. Adm. Code 724.443 and 724.445, including the following:
A) Expected carbon monoxide (CO) level in the stack exhaust gas;
B) Waste feed rate;
C) Combustion zone temperature;
D) Indication of combustion gas velocity;
E) Expected stack gas volume, flow rate, and temperature;
F) Computed residence time for waste in the combustion zone;
G) Expected hydrochloric acid removal efficiency;
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H) Expected fugitive emissions and their control procedures; and
I) Proposed waste feed cut-off limits based on the identified
significant operating parameters;
7) The Agency may, pursuant to 35 Ill. Adm. Code 705.122, request such
additional information as may be necessary for the Agency to determine
whether the incinerator meets the requirements of Subpart O of 35 Ill.
Adm. Code 724 and what conditions are required by that Subpart and
Section 39(d) of the Environmental Protection Act [415 ILCS 5/39(d)];
and
8) Waste analysis data, including that submitted in subsection (c)(1) of this
Section, sufficient to allow the Agency to specify as permit Principal
Organic Hazardous Constituents (permit POHCs) those constituents for
which destruction and removal efficiencies will be required.
d) The Agency must approve a permit application without a trial burn if it finds the
following:
1) The wastes are sufficiently similar; and
2) The incinerator units are sufficiently similar, and the data from other trial
burns are adequate to specify (under 35 Ill. Adm. Code 724.445) operating
conditions that will ensure that the performance standards in 35 Ill. Adm.
Code 724.443 will be met by the incinerator.
e) When an owner or operator demonstrates compliance with the air emission
standards and limitations of the federal National Emission Standards for
Hazardous Air Pollutants (NESHAPs) in 40 CFR 63, subpart EEE, incorporated
by reference in 35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive
performance test and submitting a Notification of Compliance under 40 CFR
63.1207(j) and 63.1210(b) documenting compliance with all applicable
requirements of 40 CFR 63, subpart EEE), the requirements of this Section do not
apply, except those provisions that the Agency determines are necessary to ensure
compliance with 35 Ill. Adm. Code 724.445(a) and (c) if the owner or operator
elects to comply with Section 703.320(a)(1)(A) to minimize emissions of toxic
compounds from startup, shutdown, and malfunction events. Nevertheless, the
Agency may apply the provisions of this Section, on a case-by-case basis, for
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purposes of information collection in accordance with Sections 703.188 and
703.241(b)(2).
BOARD NOTE: Operating conditions used to determine effective treatment of
hazardous waste remain effective after the owner or operator demonstrates
compliance with the standards of 40 CFR 63, subpart EEE.
BOARD NOTE: Derived from 40 CFR 270.19 (2002), as amended at 67 Fed. Reg. 77687
(December 19, 2002).
(Source: Amended at 27 Ill. Reg. 12683, effective July 17, 2003)
Section 703.206 Land Treatment
For a facility that uses land treatment to dispose of hazardous waste, except as otherwise
provided in 35 Ill. Adm. Code 724.101, the Part B application must include the following:
a) A description of plans to conduct treatment demonstration, as required under 35
Ill. Adm. Code 724.372. The description must include the following information:
1) The wastes for which the demonstration will be made and the potential
hazardous constituents in the wastes;
2) The data sources to be used to make the demonstration (e.g., literature,
laboratory data, field data, or operating data);
3) Any specific laboratory or field test that will be conducted, including the
following:
A) the type of test (e.g., column leaching, degradation);
B) materials and methods, including analytical procedures;
C) expected time for completion;
D) characteristics of the unit that will be simulated in the
demonstration, including treatment zone characteristics, climatic
conditions, and operating practices;
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b) A description of a land treatment program, as required under 35 Ill. Adm. Code
724.371. This information must be submitted with the plans for the treatment
demonstration, and updated following the treatment demonstration. The land
treatment program must address the following items:
1) The wastes to be land treated;
2) Design measures and operating practices necessary to maximize treatment
in accordance with 35 Ill. Adm. Code 724.373(a) including the following:
A) Waste application method and rate;
B) Measures to control soil pH;
C) Enhancement of microbial or chemical reactions; and
D) Control of moisture content;
3) Provisions for unsaturated zone monitoring, including the following:
A) Sampling equipment, procedures, and frequency;
B) Procedures for selecting sampling locations;
C) Analytical procedures;
D) Chain of custody control;
E) Procedures for establishing background values;
F) Statistical methods for interpreting results; and
G) The justification for any hazardous constituents recommended for
selection as principal hazardous constituents, in accordance with
the criteria for such selection in 35 Ill. Adm. Code 724.378(a);
4) A list of hazardous constituents reasonably expected to be in, or derived
from, the wastes to be land treated based on waste analysis performed
pursuant to 35 Ill. Adm. Code 724.113;
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5) The proposed dimensions of the treatment zone;
c) A description of how the unit is or will be designed, constructed, operated, and
maintained in order to meet the requirements of 35 Ill. Adm. Code 724.373. This
submission must address the following items:
1) Control of run-on;
2) Collection and control of run-off;
3) Minimization of run-off of hazardous constituents from the treatment
zone;
4) Management of collection and holding facilities associated with run-on
and run-off control systems;
5) Periodic inspection of the unit. This information should be included in the
inspection plan submitted under Section 703.183(e); and
6) Control of wind dispersal of particulate matter, if applicable;
d) If food-chain crops are to be grown in or on the treatment zone of the land
treatment unit, a description of how the demonstration required under 35 Ill. Adm.
Code 724.376(a) will be conducted, including the following:
1) Characteristics of the food-chain crop for which the demonstration will be
made;
2) Characteristics of the waste, treatment zone, and waste application method
and rate to be used in the demonstration;
3) Procedures for crop growth, sample collection, sample analysis, and data
evaluation; and
4) Characteristics of the comparison crop including the location and
conditions under which it was or will be grown;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
e) If food-chain crops are to be grown and cadmium is present in the land-treated
waste, a description of how the requirements of 35 Ill. Adm. Code 724.376(b) will
be complied with;
f) A description of the vegetative cover to be applied to closed portions of the
facility and a plan for maintaining such cover during the post-closure care period,
as required under 35 Ill. Adm. Code 724.380(a)(8) and (c)(2). This information
should be included in the closure plan and, where applicable, the post-closure care
plan submitted under Section 703.183(m);
g) If ignitable or reactive wastes will be placed in or on the treatment zone, an
explanation of how the requirements of 35 Ill. Adm. Code 724.381 will be
complied with;
h) If incompatible wastes or incompatible wastes and materials will be placed in or
on the same treatment zone, an explanation of how 35 Ill. Adm. Code 724.382
will be complied with; and
i) A waste management plan for hazardous waste numbers F020, F021, F022, F023,
F026, and F027 describing how a land treatment facility is or will be designed,
constructed, operated, and maintained to meet the requirements of 35 Ill. Adm.
Code 724.383. This submission must address the following items as specified in
that Section:
1) The volume, physical, and chemical characteristics of the wastes,
including their potential to migrate through soil or to volatilize or escape
into the atmosphere;
2) The attenuative properties of underlying and surrounding soils or other
materials;
3) The mobilizing properties of other materials co-disposed with these
wastes; and
4) The effectiveness of additional treatment, design, or monitoring
techniques.
BOARD NOTE: Derived from 40 CFR 270.20 (2002).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.207 Landfills
For a facility that disposes of hazardous waste in landfills, except as otherwise provided in 35 Ill.
Adm. Code 724.101, the Part B application must include the following:
a) A list of the hazardous wastes placed or to be placed in each landfill or landfill
cell;
b) Detailed plans and an engineering report describing how the landfill is designed
and is or will be constructed, operated and maintained to meet the requirements of
35 Ill. Adm. Code 724.119, 724.401, 724.402, and 724.403, addressing the
following items:
1) Liner, leak detection, collection, and removal systems.
A) The liner system (except for an existing portion of a landfill), if the
landfill must meet the requirements of 35 Ill. Adm. Code
724.401(a). If an exemption from the requirement for a liner is
sought as provided by 35 Ill. Adm. Code 724.401(b), submit a
copy of the Board order granting an adjusted standard pursuant to
35 Ill. Adm. Code 724.401(b);
B) The double liner and leak (leachate) detection, collection, and
removal system, if the landfill must meet the requirements of 35
Ill. Adm. Code 724.401(c). If an exemption from the requirements
for double liners and a leak detection, collection and removal
system or alternative design is sought as provided by 35 Ill. Adm.
Code 724.401(d), (e), or (f), submit appropriate information;
C) If the leak detection system is located in a saturated zone, submit
detailed plans and an engineering report explaining the leak
detection system design and operation, and the location of the
saturated zone in relation to the leak detection system;
D) The CQA plan, if required under 35 Ill. Adm. Code 724.119;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
E) Proposed action leakage rate, with rationale, if required under 35
Ill. Adm. Code 724.402, and response action plan, if required
under 35 Ill. Adm. Code 724.404, and proposed pump operating
level, if required under 35 Ill. Adm. Code 724.403;
2) Control of run-on;
3) Control of run-off;
4) Management of collection and holding facilities associated with run-on
and run-off control systems; and
5) Control of wind dispersal of particulate matter, where applicable;
c) A description of how each landfill, including the double liner system, leachate
collection and removal system, leak detection system, cover system, and
appurtenances for control of run-on and run-off, will be inspected in order to meet
the requirements of 35 Ill. Adm. Code 724.403(a), (b), and (c). This information
must be included in the inspection plan submitted under Section 703.183(e);
d) A description of how each landfill, including the liner and cover systems, will be
inspected in order to meet the requirements of the 35 Ill. Adm. Code 724.403(a)
and (b). This information must be included in the inspection plan submitted under
Section 703.183(e);
e) Detailed plans and an engineering report describing the final cover that will be
applied to each landfill or landfill cell at closure in accordance with 35 Ill. Adm.
Code 724.410(a), and a description of how each landfill will be maintained and
monitored after closure in accordance with 35 Ill. Adm. Code 724.410(b). This
information must be included in the closure and post-closure plans submitted
under Section 703.183(m);
f) If ignitable or reactive wastes will be landfilled, an explanation of how the
requirements of 35 Ill. Adm. Code 724.412 will be complied with;
g) If incompatible wastes, or incompatible wastes and materials, will be landfilled,
an explanation of how 35 Ill. Adm. Code 724.413 will be complied with;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
h) If bulk or non-containerized liquid waste or waste containing free liquids is to be
landfilled, an explanation of how the requirements of 35 Ill. Adm. Code 724.414
will be complied with;
i) If containers of hazardous waste are to be landfilled, an explanation of how the
requirements of 35 Ill. Adm. Code 724.415 or 724.416, as applicable, will be
complied with; and
j) A waste management plan for hazardous waste numbers F020, F021, F022, F023,
F026, and F027 describing how a landfill is or will be designed, constructed,
operated, and maintained to meet the requirements of 35 Ill. Adm. Code 724.417.
This submission must address the following items, as specified in that Section:
1) The volume, physical, and chemical characteristics of the wastes,
including their potential to migrate through soil or to volatilize or escape
into the atmosphere;
2) The attenuative properties of underlying and surrounding soils or other
materials;
3) The mobilizing properties of other materials co-disposed with these
wastes; and
4) The effectiveness of additional treatment, design, or monitoring
techniques.
BOARD NOTE: Derived from 40 CFR 270.21 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.208 Boilers and Industrial Furnaces Burning Hazardous Waste
When the owner or operator of a cement or lightweight aggregate kiln demonstrates compliance
with the air emission standards and limitations of the federal National Emission Standards for
Hazardous Air Pollutants (NESHAPs) in 40 CFR 63, subpart EEE, incorporated by reference in
35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive performance test and submitting
a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(b) documenting compliance
with all applicable requirements of 40 CFR 63, subpart EEE), the requirements of this Section do
not apply, except those provisions that the Agency determines are necessary to ensure
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
compliance with 35 Ill. Adm. Code 726.202(e)(1) and (e)(2)(C) if the owner or operator elects to
comply with Section 703.310(a)(1)(A) to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. Nevertheless, the Agency may apply the provisions of this
Section, on a case-by-case basis, for purposes of information collection in accordance with
Sections 703.188 and 703.241(a)(2).
a) Trial burns.
1) General. Except as provided below, an owner or operator that is subject to
the standards to control organic emissions provided by 35 Ill. Adm. Code
726.204, standards to control particulate matter provided by 35 Ill. Adm.
Code 726.205, standards to control metals emissions provided by 35 Ill.
Adm. Code 726.206, or standards to control hydrogen chloride (HCl) or
chlorine gas emissions provided by 35 Ill. Adm. Code 726.207 must
conduct a trial burn to demonstrate conformance with those standards and
must submit a trial burn plan or the results of a trial burn, including all
required determinations, in accordance with Section 703.232.
A) Under subsections (a)(2) through (a)(5) of this Section and 35 Ill.
Adm. Code 726.204 through 726.207, the Agency may waive a
trial burn to demonstrate conformance with a particular emission
standard; and
B) The owner or operator may submit data in lieu of a trial burn, as
prescribed in subsection (a)(6) of this Section.
2) Waiver of trial burn of DRE (destruction removal efficiency).
A) Boilers operated under special operating requirements. When
seeking to be permitted under 35 Ill. Adm. Code 726.204(a)(4) and
726.210, which automatically waive the DRE trial burn, the owner
or operator of a boiler must submit documentation that the boiler
operates under the special operating requirements provided by 35
Ill. Adm. Code 726.210.
B) Boilers and industrial furnaces burning low risk waste. When
seeking to be permitted under the provisions for low risk waste
provided by 35 Ill. Adm. Code 726.204(a)(5) and 726.209(a),
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
which waive the DRE trial burn, the owner or operator must
submit the following:
i) Documentation that the device is operated in conformance
with the requirements of 35 Ill. Adm. Code 726.209(a)(1).
ii) Results of analyses of each waste to be burned,
documenting the concentrations of nonmetal compounds
listed in Appendix H to 35 Ill. Adm. Code 721, except for
those constituents that would reasonably not be expected to
be in the waste. The constituents excluded from analysis
must be identified and the basis for their exclusion
explained. The analysis must rely on analytical techniques
specified in Test Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods, incorporated by
reference in 35 Ill. Adm. Code 720.111.
iii) Documentation of hazardous waste firing rates and
calculations of reasonable, worst-case emission rates of
each constituent identified in subsection (a)(2)(B)(ii) of this
Section using procedures provided by 35 Ill. Adm. Code
726.209(a)(2)(B).
iv) Results of emissions dispersion modeling for emissions
identified in subsection (a)(2)(B)(iii) of this Section using
modeling procedures prescribed by 35 Ill. Adm. Code
726.206(h). The Agency must review the emission
modeling conducted by the applicant to determine
conformance with these procedures. The Agency must
either approve the modeling or determine that alternate or
supplementary modeling is appropriate.
v) Documentation that the maximum annual average ground
level concentration of each constituent identified in
subsection (a)(2)(B)(ii) of this Section quantified in
conformance with subsection (a)(2)(B)(iv) of this Section
does not exceed the allowable ambient level established in
Appendix D or E to 35 Ill. Adm. Code 726. The acceptable
ambient concentration for emitted constituents for which a
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
specific reference air concentration has not been
established in Appendix D to 35 Ill. Adm. Code 726 or
risk-specific doses has not been established in Appendix E
to 35 Ill. Adm. Code 726 is 0.1 micrograms per cubic
meter, as noted in the footnote to Appendix D to 35 Ill.
Adm. Code 726.
3) Waiver of trial burn for metals. When seeking to be permitted under the
Tier I (or adjusted Tier I) metals feed rate screening limits provided by 35
Ill. Adm. Code 726.206(b) and (e) that control metals emissions without
requiring a trial burn, the owner or operator must submit the following:
A) Documentation of the feed rate of hazardous waste, other fuels,
and industrial furnace feed stocks;
B) Documentation of the concentration of each metal controlled by 35
Ill. Adm. Code 726.206(b) or (c) in the hazardous waste, other
fuels and industrial furnace feedstocks, and calculations of the total
feed rate of each metal;
C) Documentation of how the applicant will ensure that the Tier I feed
rate screening limits provided by 35 Ill. Adm. Code 726.206(b) or
(e) will not be exceeded during the averaging period provided by
that subsection;
D) Documentation to support the determination of the TESH (terrain-
adjusted effective stack height), good engineering practice stack
height, terrain type, and land use, as provided by 35 Ill. Adm. Code
726.206(b)(3) through (5);
E) Documentation of compliance with the provisions of 35 Ill. Adm.
Code 726.206(b)(6), if applicable, for facilities with multiple
stacks;
F) Documentation that the facility does not fail the criteria provided
by 35 Ill. Adm. Code 726.206(b)(7) for eligibility to comply with
the screening limits; and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
G) Proposed sampling and metals analysis plan for the hazardous
waste, other fuels, and industrial furnace feed stocks.
4) Waiver of trial burn for PM (particulate matter). When seeking to be
permitted under the low risk waste provisions of 35 Ill. Adm. Code
726.209(b), which waives the particulate standard (and trial burn to
demonstrate conformance with the particulate standard), applicants must
submit documentation supporting conformance with subsections (a)(2)(B)
and (a)(3) of this Section.
5) Waiver of trial burn for HCl and chlorine gas. When seeking to be
permitted under the Tier I (or adjusted Tier I) feed rate screening limits for
total chlorine and chloride provided by 35 Ill. Adm. Code 726.207(b)(1)
and (e) that control emissions of HCl and chlorine gas without requiring a
trial burn, the owner or operator must submit the following:
A) Documentation of the feed rate of hazardous waste, other fuels,
and industrial furnace feed stocks;
B) Documentation of the levels of total chlorine and chloride in the
hazardous waste, other fuels and industrial furnace feedstocks, and
calculations of the total feed rate of total chlorine and chloride;
C) Documentation of how the applicant will ensure that the Tier I (or
adjusted Tier I) feed rate screening limits provided by 35 Ill. Adm.
Code 726.207(b)(1) or (e) will not be exceeded during the
averaging period provided by that subsection;
D) Documentation to support the determination of the TESH, good
engineering practice stack height, terrain type and land use as
provided by 35 Ill. Adm. Code 726.207(b)(3);
E) Documentation of compliance with the provisions of 35 Ill. Adm.
Code 726.207(b)(4), if applicable, for facilities with multiple
stacks;
F) Documentation that the facility does not fail the criteria provided
by 35 Ill. Adm. Code 726.207(b)(3) for eligibility to comply with
the screening limits; and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
G) Proposed sampling and analysis plan for total chlorine and chloride
for the hazardous waste, other fuels, and industrial furnace
feedstocks.
6) Data in lieu of trial burn. The owner or operator may seek an exemption
from the trial burn requirements to demonstrate conformance with Section
703.232 and 35 Ill. Adm. Code 726.204 through 726.207 by providing the
information required by Section 703.232 from previous compliance testing
of the device in conformance with 35 Ill. Adm. Code 726.203 or from
compliance testing or trial or operational burns of similar boilers or
industrial furnaces burning similar hazardous wastes under similar
conditions. If data from a similar device is used to support a trial burn
waiver, the design and operating information required by Section 703.232
must be provided for both the similar device and the device to which the
data is to be applied, and a comparison of the design and operating
information must be provided. The Agency must approve a permit
application without a trial burn if the Agency finds that the hazardous
wastes are sufficiently similar, the devices are sufficiently similar, the
operating conditions are sufficiently similar, and the data from other
compliance tests, trial burns, or operational burns are adequate to specify
(under 35 Ill. Adm. Code 726.102) operating conditions that will ensure
conformance with 35 Ill. Adm. Code 726.102(c). In addition, the
following information must be submitted:
A) For a waiver from any trial burn, the following:
i) A description and analysis of the hazardous waste to be
burned compared with the hazardous waste for which data
from compliance testing or operational or trial burns are
provided to support the contention that a trial burn is not
needed;
ii) The design and operating conditions of the boiler or
industrial furnace to be used, compared with that for which
comparative burn data are available; and
iii) Such supplemental information as the Agency finds
necessary to achieve the purposes of this subsection (a).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
B) For a waiver of the DRE trial burn, the basis for selection of
POHCs (principal organic hazardous constituents) used in the other
trial or operational burns that demonstrate compliance with the
DRE performance standard in 35 Ill. Adm. Code 726.204(a). This
analysis should specify the constituents in Appendix H to 35 Ill.
Adm. Code 721 that the applicant has identified in the hazardous
waste for which a permit is sought and any differences from the
POHCs in the hazardous waste for which burn data are provided.
b) Alternative HC limit for industrial furnaces with organic matter in raw materials.
An owner or operator of industrial furnaces requesting an alternative HC limit
under 35 Ill. Adm. Code 726.204(f) must submit the following information at a
minimum:
1) Documentation that the furnace is designed and operated to minimize HC
emissions from fuels and raw materials;
2) Documentation of the proposed baseline flue gas HC (and CO)
concentration, including data on HC (and CO) levels during tests when the
facility produced normal products under normal operating conditions from
normal raw materials while burning normal fuels and when not burning
hazardous waste;
3) Test burn protocol to confirm the baseline HC (and CO) level including
information on the type and flow rate of all feedstreams, point of
introduction of all feedstreams, total organic carbon content (or other
appropriate measure of organic content) of all nonfuel feedstreams, and
operating conditions that affect combustion of fuels and destruction of
hydrocarbon emissions from nonfuel sources;
4) Trial burn plan to do the following:
A) To demonstrate when burning hazardous waste that flue gas HC
(and CO) concentrations do not exceed the baseline HC (and CO)
level; and
B) To identify, in conformance with Section 703.232(d), the types and
concentrations of organic compounds listed in Appendix H to 35
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Ill. Adm. Code 721 that are emitted when burning hazardous
waste;
5) Implementation plan to monitor over time changes in the operation of the
facility that could reduce the baseline HC level and procedures to
periodically confirm the baseline HC level; and
6) Such other information as the Agency finds necessary to achieve the
purposes of this subsection (b).
c) Alternative metals implementation approach. When seeking to be permitted
under an alternative metals implementation approach under 35 Ill. Adm. Code
726.206(f), the owner or operator must submit documentation specifying how the
approach ensures compliance with the metals emissions standards of 35 Ill. Adm.
Code 726.106(c) or (d) and how the approach can be effectively implemented and
monitored. Further, the owner or operator must provide such other information
that the Agency finds necessary to achieve the purposes of this subsection (c).
d) Automatic waste feed cutoff system. An owner or operator must submit
information describing the automatic waste feed cutoff system, including any pre-
alarm systems that may be used.
e) Direct transfer. An owner or operator that uses direct transfer operations to feed
hazardous waste from transport vehicles (containers, as defined in 35 Ill. Adm.
Code 726.211) directly to the boiler or industrial furnace must submit information
supporting conformance with the standards for direct transfer provided by 35 Ill.
Adm. Code 726.211.
f) Residues. An owner or operator that claims that its residues are excluded from
regulation under the provisions of 35 Ill. Adm. Code 726.212 must submit
information adequate to demonstrate conformance with those provisions.
BOARD NOTE: Derived from 40 CFR 270.22 (2002), as amended at 67 Fed. Reg. 77687
(December 19, 2002).
(Source: Amended at 27 Ill. Reg. 12683, effective July 17, 2003)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Section 703.209 Miscellaneous Units
Except as otherwise provided in 35 Ill. Adm. Code 724.700, the owner or operator of a facility
that treats, stores, or disposes of hazardous waste in miscellaneous units must provide the
following additional information in the Part B application:
a) A detailed description of the unit being used or proposed for use, including the
following:
1) Physical characteristics, materials of construction, and dimensions of the
unit;
2) Detailed plans and engineering reports describing how the unit will be
located, designed, constructed, operated, maintained, monitored,
inspected, and closed to comply with the requirements of 35 Ill. Adm.
Code 724.701 and 724.702; and
3) For disposal units, a detailed description of the plans to comply with the
post-closure requirements of 35 Ill. Adm. Code 724.703;
b) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps
for the region surrounding the site that address and ensure compliance of the unit
with each factor in the environmental performance standards of 35 Ill. Adm. Code
724.701. Preliminary hydrologic, geologic, and meteorologic assessments will
suffice, unless the Agency notifies the applicant that, based on the preliminary
assessments, the unit will not conform with the environmental performance
standards of 35 Ill. Adm. Code 724.701. The Agency must follow the procedures
for incomplete applications in 35 Ill. Adm. Code 705.122;
c) Information on the potential pathways of exposure of humans or environmental
receptors to hazardous waste or hazardous constituents and on the potential
magnitude and nature of such exposures;
d) For any treatment unit, a report on a demonstration of the effectiveness of the
treatment based on laboratory or field data; and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
e) Any additional information that the Agency determines is necessary for
evaluation of compliance of the unit with the environmental performance
standards of 35 Ill. Adm. Code 724.701.
BOARD NOTE: Derived from 40 CFR 270.23 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.210 Process Vents
Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a facility
that has process vents to which Subpart AA of 35 Ill. Adm. Code 724 applies must provide the
following additional information:
a) For facilities that cannot install a closed-vent system and control device to comply
with Subpart AA of 35 Ill. Adm. Code 724 on the effective date on which the
facility becomes subject to that Subpart or Subpart AA of 35 Ill. Adm. Code 725,
an implementation schedule, as specified in 35 Ill. Adm. Code 724.933(a)(2).
b) Documentation of compliance with the process vent standards in 35 Ill. Adm.
Code 724.932, including the following:
1) Information and data identifying all affected process vents, annual
throughput and operating hours of each affected unit, estimated emission
rates for the affected vent and for the overall facility (i.e., the total
emissions for all affected vents at the facility), and the approximate
location within the facility of each affected unit (e.g., identify the
hazardous waste management units on a facility plot plan);
2) Information and data supporting estimates of vent emissions and emission
reduction achieved by add-on control devices based on engineering
calculations or source tests. For the purpose of determining compliance,
estimates of vent emissions and emission reductions must be made using
operating parameter values (e.g., temperatures, flow rates, or
concentrations) that represent the conditions that exist when the waste
management unit is operating at the highest load or capacity level
reasonably expected to occur; and
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3) Information and data used to determine whether or not a process vent is
subject to 35 Ill. Adm. Code 724.932.
c) Where an owner or operator applies for permission to use a control device other
than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system to comply with 35 Ill. Adm. Code
724.932, and chooses to use test data to determine the organic removal efficiency
or the total organic compound concentration achieved by the control device, a
performance test plan as specified in 35 Ill. Adm. Code 724.935(b)(3).
d) Documentation of compliance with 35 Ill. Adm. Code 724.933, including the
following:
1) A list of all information references and sources used in preparing the
documentation.
2) Records, including the dates of each compliance test required by 35 Ill.
Adm. Code 724.933(k).
3) A design analysis, specifications, drawings, schematics, piping, and
instrumentation diagrams based on the appropriate sections of APTI
Course 415, incorporated by reference in 35 Ill. Adm. Code 720.111, or
other engineering texts approved by the Agency that present basic control
device design information. The design analysis must address the vent
stream characteristics and control device parameters as specified in 35 Ill.
Adm. Code 724.935(b)(4)(C).
4) A statement signed and dated by the owner or operator certifying that the
operating parameters used in the design analysis reasonably represent the
conditions that exist when the hazardous waste management unit is or
would be operating at the highest load or capacity level reasonably
expected to occur.
5) A statement signed and dated by the owner or operator certifying that the
control device is designed to operate at an efficiency of 95 weight percent
or greater, unless the total organic emission limits of 35 Ill. Adm. Code
724.932(a) for affected process vents at the facility can be attained by a
control device involving vapor recovery at an efficiency less than 95
weight percent.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
BOARD NOTE: Derived from 40 CFR 270.24 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.211 Equipment
Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a facility
that has equipment to which Subpart BB of 35 Ill. Adm. Code 724 applies must provide the
following additional information:
a) For each piece of equipment to which Subpart BB of 35 Ill. Adm. Code 724
applies, the following:
1) Equipment identification number and hazardous waste management unit
identification;
2) Approximate locations within the facility (e.g., identify the hazardous
waste management unit on a facility plot plan);
3) Type of equipment (e.g., a pump or pipeline valve);
4) Percent by weight total organics in the hazardous wastestream at the
equipment;
5) Hazardous waste state at the equipment (e.g., gas/vapor or liquid); and
6) Method of compliance with the standard (e.g., “monthly leak detection
and repair” or “equipped with dual mechanical seals”).
b) For facilities that cannot install a closed-vent system and control device to comply
with Subpart BB of 35 Ill. Adm. Code 724 on the effective date that facility
becomes subject to this Subpart or Subpart BB of 35 Ill. Adm. Code 724, an
implementation schedule as specified in 35 Ill. Adm. Code 724.933(a)(2).
c) Where an owner or operator applies for permission to use a control device other
than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process
heater, condenser, or carbon adsorption system and chooses to use test data to
determine the organic removal efficiency or the total organic compound
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
concentration achieved by the control device, a performance test plan as specified
in 35 Ill. Adm. Code 724.935(b)(3).
d) Documentation that demonstrates compliance with the equipment standards in 35
Ill. Adm. Code 724.952 or 724.959. This documentation must contain the records
required under 35 Ill. Adm. Code 724.964. The Agency must request further
documentation if necessary to demonstrate compliance. Documentation to
demonstrate compliance with 35 Ill. Adm. Code 724.960 must include the
following information:
1) A list of all information references and sources used in preparing the
documentation;
2) Records, including the dates of each compliance test required by 35 Ill.
Adm. Code 724.933(j);
3) A design analysis, specifications, drawings, schematics, and piping and
instrumentation diagrams based on the appropriate sections of APTI
Course 415, incorporated by reference in 35 Ill. Adm. Code 720.111, or
other engineering texts approved by the Agency that present basic control
device design information. The design analysis must address the vent
stream characteristics and control device parameters as specified in 35 Ill.
Adm. Code 724.935(b)(4)(C);
4) A statement signed and dated by the owner or operator certifying that the
operating parameters used in the design analysis reasonably represent the
conditions that exist when the hazardous waste management unit is or
would be operating at the highest load or capacity level reasonably
expected to occur; and
5) A statement signed and dated by the owner or operator certifying that the
control device is designed to operate at an efficiency of 95 weight percent
or greater.
BOARD NOTE: Derived from 40 CFR 270.25 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Section 703.212 Drip Pads
Except as otherwise provided by 35 Ill. Adm. Code 724.101, the owner or operator of a
hazardous waste treatment, storage, or disposal facility that collects, stores, or treats hazardous
waste on drip pads must provide the following additional information:
a) A list of hazardous wastes placed or to be placed on each drip pad.
b) If an exemption is sought to Subpart F of 35 Ill. Adm. Code 724, as provided by
35 Ill. Adm. Code 724.190, detailed plans and an engineering report describing
how the requirements of 35 Ill. Adm. Code 724.190(b)(2) will be met.
c) Detailed plans and an engineering report describing how the drip pad is or will be
designed, constructed, operated, and maintained to meet the requirements of 35
Ill. Adm. Code 724.673, including the as-built drawings and specifications. This
submission must address the following items, as specified in 35 Ill. Adm. Code
724.671:
1) The design characteristics of the drip pad;
2) The liner system;
3) The leakage detection system, including the leak detection system and
how it is designed to detect the failure of the drip pad or the presence of
any releases of hazardous waste or accumulated liquid at the earliest
practicable time;
4) Practices designed to maintain drip pads;
5) The associated collection system;
6) Control of run-on to the drip pad;
7) Control of run-off from the drip pad;
8) The interval at which drippage and other materials will be removed from
the associated collection system and a statement demonstrating that the
interval will be sufficient to prevent overflow onto the drip pad;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
9) Cleaning procedures and documentation:
A) Procedures for cleaning the drip pad at least once every seven days
to ensure the removal of any accumulated residues of waste or
other materials, including, but not limited to: rinsing, washing
with detergents or other appropriate solvents, or steam cleaning;
and
B) Provisions for documenting the date, time, and cleaning procedure
used each time the pad is cleaned;
10) Operating practices and procedures that will be followed to ensure that
tracking of hazardous waste or waste constituents off the drip pad due to
activities by personnel or equipment is minimized;
11) Procedures for ensuring that, after removal from the treatment vessel,
treated wood from pressure and non-pressure processes is held on the drip
pad until drippage has ceased, including recordkeeping practices;
12) Provisions for ensuring that collection and holding units associated with
the run-on and run-off control systems are emptied or otherwise managed
as soon as possible after storms to maintain design capacity of the system;
13) If treatment is carried out on the drip pad, details of the process equipment
used, and the nature and quality of the residuals;
14) A description of how each drip pad, including appurtenances for control of
run-on and run-off, will be inspected in order to meet the requirements of
35 Ill. Adm. Code 724.673. This information must be included in the
inspection plan submitted under Section 703.183(e);
15) A certification signed by an independent qualified, registered professional
engineer, stating that the drip pad design meets the requirements of 35 Ill.
Adm. Code 724.673(a) through (f); and
16) A description of how hazardous waste residues and contaminated
materials will be removed from the drip pad at closure, as required under
35 Ill. Adm. Code 724.675(a). For any waste not to be removed from the
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
drip pad upon closure, the owner or operator must submit detailed plans
and an engineering report describing how 35 Ill. Adm. Code 724.410(a)
and (b) will be complied with. This information must be included in the
closure plan and, where applicable, the post-closure plan submitted under
Section 703.183(m).
BOARD NOTE: Derived from 40 CFR 270.26 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.213 Air Emission Controls for Tanks, Surface Impoundments, and Containers
Except as otherwise provided in 35 Ill. Adm. Code 724.101, the owner or operator of a tank, a
surface impoundment, or a container that uses air emission controls in accordance with the
requirements of Subpart CC of 35 Ill. Adm. Code 724 must provide the following additional
information:
a) Documentation for each floating roof cover installed on a tank subject to 35 Ill.
Adm. Code 724.984(d)(1) or (d)(2) that includes information prepared by the
owner or operator or provided by the cover manufacturer or vendor describing the
cover design, and certification by the owner or operator that the cover meets the
applicable design specifications, as listed in 35 Ill. Adm. Code 725.991(e)(1) or
(f)(1).
b) Identification of each container area subject to the requirements of Subpart CC of
35 Ill. Adm. Code 724 and certification by the owner or operator that the
requirements of this Subpart D are met.
c) Documentation for each enclosure used to control air pollutant emissions from
containers in accordance with the requirements of 35 Ill. Adm. Code
724.984(d)(5) or 724.986(e)(1)(ii) that includes records for the most recent set of
calculations and measurements performed by the owner or operator to verify that
the enclosure meets the criteria of a permanent total enclosure, as specified in
“Procedure T--Criteria for and Verification of a Permanent or Temporary Total
Enclosure” under 40 CFR 52.741, appendix B, incorporated by reference in 35 Ill.
Adm. Code 720.111.
d) Documentation for each floating membrane cover installed on a surface
impoundment in accordance with the requirements of 35 Ill. Adm. Code
724.985(c) that includes information prepared by the owner or operator or
provided by the cover manufacturer or vendor describing the cover design, and
certification by the owner or operator that the cover meets the specifications listed
in 35 Ill. Adm. Code 724.985(c)(1).
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e) Documentation for each closed-vent system and control device installed in
accordance with the requirements of 35 Ill. Adm. Code 724.987 that includes
design and performance information, as specified in Section 703.124(c) and (d).
f) An emission monitoring plan for both Method 21 in 40 CFR 60, appendix A,
incorporated by reference in 35 Ill. Adm. Code 720.111, and control device
monitoring methods. This plan must include the following information:
monitoring points, monitoring methods for control devices, monitoring frequency,
procedures for documenting exceedances, and procedures for mitigating
noncompliances.
g) When an owner or operator of a facility subject to Subpart CC of 35 Ill. Adm.
Code 725 cannot comply with Subpart CC of 35 Ill. Adm. Code 724 by the date
of permit issuance, the schedule of implementation required under 35 Ill. Adm.
Code 725.982.
BOARD NOTE: Derived from 40 CFR 270.27(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.214 Post-Closure Care Permits
For post-closure care permits, the owner or operator is required to submit only the information
specified in Sections 703.183(a), (d), (e), (f), (k), (m), (n), (p), (r), and (s); 703.184; 703.185; and
703.187, unless the Agency determines that additional information from Section 703.183, 703.202,
703.203, 703.204, 703.206, or 703.207 is necessary. The owner or operator is required to submit
the same information when an alternative authority is used in lieu of a post-closure permit, as
provided in Section 703.161.
BOARD NOTE: Derived from 40 CFR 270.28 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
SUBPART E: SHORT TERM AND PHASED PERMITS
Section 703.220 Emergency Permits
a) Notwithstanding any other provision of this Part or 35 Ill. Adm. Code 702 or 705,
in the event that the Agency finds an imminent and substantial endangerment to
human health or the environment, the Agency may issue a temporary emergency
permit, as follows:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
1) To a non-permitted facility to allow treatment, storage, or disposal of
hazardous waste; or
2) To a permitted facility to allow treatment, storage, or disposal of a
hazardous waste not covered by an effective permit.
b) This emergency permit must comply with all of the following requirements:
1) May be oral or written. If oral, it must be followed in five days by a
written emergency permit.
2) Shall not exceed 90 days in duration.
3) Shall clearly specify the hazardous wastes to be received and the manner
and location of their treatment, storage, or disposal.
4) May be terminated by the Agency at any time without process if it
determines that termination is appropriate to protect human health and the
environment.
5) Shall be accompanied by a public notice published under 35 Ill. Adm.
Code 705.162 including the following:
A) Name and address of the office granting the emergency
authorization;
B) Name and location of the permitted HWM facility;
C) A brief description of the wastes involved;
D) A brief description of the action authorized and reasons for
authorizing it; and
E) Duration of the emergency permit.
6) Shall incorporate, to the extent possible and not inconsistent with the
emergency situation, all applicable requirements of this Part and 35 Ill.
Adm. Code 724.
7) Emergency permits that would authorize actions not in compliance with
Board rules, other than procedural requirements, require a variance or
provisional variance pursuant to Title IX of the Environmental Protection
Act and 35 Ill. Adm. Code 104.
BOARD NOTE: Derived from 40 CFR 270.61 (2002).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.221 Alternative Compliance with the Federal NESHAPS
When an owner or operator demonstrates compliance with the air emission standards and
limitations of the federal National Emission Standards for Hazardous Air Pollutants (NESHAPs)
in 40 CFR 63, subpart EEE, incorporated by reference in 35 Ill. Adm. Code 720.111 (i.e., by
conducting a comprehensive performance test and submitting a Notification of Compliance
under 40 CFR 63.1207(j) and 63.1210(b) documenting compliance with all applicable
requirements of 40 CFR 63, subpart EEE), the requirements of Sections 703.221 through
703.225 do not apply, except those provisions that the Agency determines are necessary to
ensure compliance with 35 Ill. Adm. Code 724.445(a) and (c) if the owner or operator elects to
comply with Section 703.310(a)(1)(A) to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. Nevertheless, the Agency may apply the provisions of
Sections 703.221 through 703.225, on a case-by-case basis, for purposes of information
collection in accordance with Sections 703.188 and 703.241(a)(2).
BOARD NOTE: Derived from 40 CFR 270.62 preamble (2002), as amended at 67 Fed. Reg.
77687 (December 19, 2002).
(Source: Amended at 27 Ill. Reg. 12683, effective July 17, 2003)
Section 703.222 Incinerator Conditions Prior to Trial Burn
For the purposes of determining operational readiness following completion of physical
construction, the Agency must establish permit conditions, including but not limited to allowable
waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These
permit conditions will be effective for the minimum time required to bring the incinerator to a
point of operational readiness sufficient to conduct a trial burn, not to exceed 720 hours
operating time for treatment of hazardous waste. The Agency must extend the duration of this
operation period once, for up to 720 additional hours, at the request of the applicant when good
cause is shown. The permit must be modified to reflect the extension according to Section
703.280.
a) Applicants must submit a statement, with Part B of the permit application, which
suggests the conditions necessary to operate in compliance with the performance
standards of 35 Ill. Adm. Code 724.443 during this period. This statement must
include, at a minimum, restrictions on waste constituents, waste feed rates, and
the operating parameters identified in 35 Ill. Adm. Code 724.445;
b) The Agency must review this statement and any other relevant information
submitted with Part B of the permit application and specify requirements for this
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
period sufficient to meet the performance standards of 35 Ill. Adm. Code 724.443
based on engineering judgment.
BOARD NOTE: Derived from 40 CFR 270.62(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.223 Incinerator Conditions During Trial Burn
For the purposes of determining feasibility of compliance with the performance standards of 35
Ill. Adm. Code 724.443 and of determining adequate operating conditions under 35 Ill. Adm.
Code 724.445, the Agency must establish conditions in the permit to a new hazardous waste
incinerator to be effective during the trial burn.
a) Applicants must propose a trial burn plan, prepared under subsection (b) of this
Section with Part B of the permit application;
b) The trial burn plan must include the following information:
1) An analysis of each waste or mixture of wastes to be burned that includes
the following:
A) Heat value of the waste in the form and composition in which it
will be burned;
B) Viscosity (if applicable), or description of physical form of the
waste;
C) An identification of any hazardous organic constituents listed in
Appendix H to 35 Ill. Adm. Code 721, that are present in the waste
to be burned, except that the applicant need not analyze for
constituents listed in Appendix H to 35 Ill. Adm. Code 721 that
would reasonably not be expected to be found in the waste. The
constituents excluded from analysis must be identified, and the
basis for their exclusion stated. The waste analysis must rely on
analytical techniques specified in “Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods,” USEPA Publication
SW-846, as incorporated by reference at 35 Ill. Adm. Code
720.111 and Section 703.110, or their equivalent;
D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by the
analytical methods specified in “Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods,” USEPA Publication
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
SW-846, as incorporated by reference at 35 Ill. Adm. Code
720.111 and Section 703.110, or their equivalent;
2) A detailed engineering description of the incinerator for which the permit
is sought including the following:
A) Manufacturer’s name and model number of incinerator (if
available);
B) Type of incinerator;
C) Linear dimensions of the incinerator unit including the cross
sectional area of combustion chamber;
D) Description of the auxiliary fuel system (type/feed);
E) Capacity of prime mover;
F) Description of automatic
waste feed cut-off systems;
G) Stack gas monitoring and pollution control equipment;
H) Nozzle and burner design;
I) Construction materials;
J) Location and description of temperature-, pressure-, and flow-
indicating and control devices;
3) A detailed description of sampling and monitoring procedures, including
sampling and monitoring locations in the system, the equipment to be
used, sampling and monitoring frequency, and planned analytical
procedures for sample analysis;
4) A detailed test schedule for each waste for which the trial burn is planned
including dates, duration, quantity of waste to be burned, and other factors
relevant to the Agency’s decision under subsection (e) of this Section;
5) A detailed test protocol, including, for each waste identified, the ranges of
temperature, waste feed rate, combustion gas velocity, use of auxiliary
fuel, and any other relevant parameters that will be varied to affect the
destruction and removal efficiency of the incinerator;
6) A description of, and planned operating conditions for, any emission
control equipment that will be used;
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7) Procedures for rapidly stopping waste feed, shutting down the incinerator,
and controlling emissions in the event of an equipment malfunction;
8) Such other information as the Agency reasonably finds necessary to
determine whether to approve the trial burn plan in light of the purposes of
this subsection (b) and the criteria in subsection (e) of this Section. Such
information must be requested by the Agency pursuant to 35 Ill. Adm.
Code 705.123;
c) The Agency, in reviewing the trial burn plan, must evaluate the sufficiency of the
information provided and must require the applicant, pursuant to 35 Ill. Adm.
Code 705.123, to supplement this information, if necessary, to achieve the
purposes of this Section;
d) Based on the waste analysis data in the trial burn plan, the Agency must specify as
trial Principal Organic Hazardous Constituents (POHCs), those constituents for
which destruction and removal efficiencies must be calculated during the trial
burn. These trial POHCs must be specified by the Agency based on its estimate
of the difficulty of incineration of the constituents identified in the waste analysis,
their concentration or mass in the waste feed, and, for wastes listed in Subpart D
of 35 Ill. Adm. Code 721, the hazardous waste organic constituent of constituents
identified in Appendix G or H to 35 Ill. Adm. Code 721 as the basis for listing;
e) The Agency must approve a trial burn plan if it finds the following:
1) That the trial burn is likely to determine whether the incinerator
performance standard required by 35 Ill. Adm. Code 724.443 can be met;
2) That the trial burn itself will not present an imminent hazard to human
health or the environment;
3) That the trial burn will help the Agency to determine operating
requirements to be specified under 35 Ill. Adm. Code 724.445; and
4) That the information sought in subsections (e)(1) and (e)(3) of this Section
cannot reasonably be developed through other means;
f) The Agency must send a notice to all persons on the facility mailing list, as set
forth in 35 Ill. Adm. Code 705.161(a), and to the appropriate units of State and
local government, as set forth in 35 Ill. Adm. Code 705.163(a)(5), announcing the
scheduled commencement and completion dates for the trial burn. The applicant
may not commence the trial burn until after the Agency has issued such notice.
1) This notice must be mailed within a reasonable time period before the
scheduled trial burn. An additional notice is not required if the trial burn
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is delayed due to circumstances beyond the control of the facility or the
Agency.
2) This notice must contain the following:
A) The name and telephone number of the applicant’s contact person;
B) The name and telephone number of the Agency regional office
appropriate for the facility;
C) The location where the approved trial burn plan and any supporting
documents can be reviewed and copied; and
D) An expected time period for commencement and completion of the
trial burn;
g) During each approved trial burn (or as soon after the burn as is practicable), the
applicant must make the following determinations:
1) A quantitative analysis of the trial POHCs, in the waste feed to the
incinerator;
2) A quantitative analysis of the exhaust gas for the concentration and mass
emissions of the trial POHCs, molecular oxygen, and hydrogen chloride
(HCl);
3) A quantitative analysis of the scrubber water (if any), ash residues, and
other residues, for the purpose of estimating the fate of the trial POHCs;
4) A computation of destruction and removal efficiency (DRE), in
accordance with the DRE formula specified in 35 Ill. Adm. Code
724.443(a);
5) If the HCl (hydrogen chloride) emission rate exceeds 1.8 kilograms of HCl
per hour (4 pounds per hour), a computation of HCl removal efficiency, in
accordance with 35 Ill. Adm. Code 724.443(b);
6) A computation of particulate emissions, in accordance with 35 Ill. Adm.
Code 724.443(c);
7) An identification of sources of fugitive emissions and their means of
control;
8) A measurement of average, maximum and minimum temperatures, and
combustion gas velocity;
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9) A continuous measurement of carbon monoxide (CO) in the exhaust gas;
10) Such other information as the Agency specifies as necessary to ensure that
the trial burn will determine compliance with the performance standards in
35 Ill. Adm. Code 724.443 and to establish the operating conditions
required by 35 Ill. Adm. Code 724.445 as necessary to meet that
performance standard;
h) The applicant must submit to the Agency a certification that the trial burn has
been carried out in accordance with the approved trial burn plan, and must submit
the results of all the determinations required in subsection (g) of this Section.
This submission must be made within 90 days after completion of the trial burn,
or later, if approved by the Agency;
i) All data collected during any trial burn must be submitted to the Agency
following the completion of the trial burn;
j) All submissions required by this Section must be certified on behalf of the
applicant by the signature of a person authorized to sign a permit application or a
report under 35 Ill. Adm. Code 702.126;
k) Based on the results of the trial burn, the Agency must set the operating
requirements in the final permit according to 35 Ill. Adm. Code 724.445. The
permit modification must proceed as a minor modification according to Section
703.280.
BOARD NOTE: Derived from 40 CFR 270.62(b) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.224 Incinerator Conditions After Trial Burn
For the purposes of allowing operation of a new hazardous waste incinerator following
completion of the trial burn and prior to final modification of the permit conditions to reflect the
trial burn results, the Agency may establish permit conditions, including, but not limited to,
allowable waste feeds and operating conditions sufficient to meet the requirements of 35 Ill.
Adm. Code 724.445, in the permit to a new hazardous waste incinerator. These permit
conditions will be effective for the minimum time required to complete sample analysis, data
computation, and submission of the trial burn results by the applicant and modification of the
facility permit by the Agency.
a) Applicants must submit a statement, with Part B of the permit application, that
identifies the conditions necessary to operate in compliance with the performance
standards of 35 Ill. Adm. Code 724.443, during this period. This statement should
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include, at a minimum, restrictions on waste constituents, waste feed rates, and
the operating parameters identified in 35 Ill. Adm. Code 724.445;
b) The Agency will review this statement and any other relevant information
submitted with Part B of the permit application and specify those requirements for
this period most likely to meet the performance standards of 35 Ill. Adm. Code
724.443 based on engineering judgment.
BOARD NOTE: Derived from 40 CFR 270.62(c) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.225 Trial Burns for Existing Incinerators
For the purpose of determining feasibility of compliance with the performance standards of 35
Ill. Adm. Code 724.443 and of determining adequate operating conditions under 35 Ill. Adm.
Code 724.445, the applicant for a permit for an existing hazardous waste incinerator must
prepare and submit a trial burn plan and perform a trial burn in accordance with Sections
703.205(b) and 703.223(b) through (e) and (g) through (j) or, instead, submit other information,
as specified in Section 703.205(c). The Agency must announce its intention to approve the trial
burn plan in accordance with the timing and distribution requirements of Section 703.223(f).
The contents of the notice must include the following: the name and telephone number of a
contact person at the facility; the name and telephone number of a contact office at the Agency;
the location where the trial burn plan and any supporting documents can be reviewed and copied;
and a schedule of the activities that are required prior to permit issuance, including the
anticipated time schedule for Agency approval of the plan and the time period during which the
trial burn would be conducted. Applicants submitting information under Section 703.205(a) are
exempt from compliance with 35 Ill. Adm. Code 724.443 and 724.445 and, therefore, are exempt
from the requirement to conduct a trial burn. Applicants that submit trial burn plans and receive
approval before submission of a permit application must complete the trial burn and submit the
results, specified in Section 703.223(g), with Part B of the permit application. If completion of
this process conflicts with the date set for submission of the Part B application, the applicant
must contact the Agency to establish a later date for submission of the Part B application or the
trial burn results. Trial burn results must be submitted prior to issuance of the permit. When the
applicant submits a trial burn plan with Part B of the permit application, the Agency must specify
a time period prior to permit issuance in which the trial burn must be conducted and the results
submitted.
BOARD NOTE: Derived from 40 CFR 270.62(d) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Section 703.230 Land Treatment Demonstration
a) For the purpose of allowing an owner or operator to meet the treatment
demonstration requirements of 35 Ill. Adm. Code 724.372, the Agency may issue
a treatment demonstration permit. The permit must contain only those
requirements necessary to meet the standards in 35 Ill. Adm. Code 724.372(c).
The permit must be issued either as a treatment or disposal permit, covering only
the field test or laboratory analyses, or as a two-phase facility permit, covering the
field tests, or laboratory analyses and design, construction, operation, and
maintenance of the land treatment unit.
1) The Agency must issue a two-phase facility permit if it finds, based on
information submitted in Part B of the application, that substantial
information already exists, although incomplete or inconclusive, upon
which to base the issuance of a facility permit;
2) If the Agency finds that not enough information exists upon which it can
establish permit conditions to attempt to provide for compliance with all
of the requirements of Subpart M of 35 Ill. Adm. Code 724, it must issue a
treatment demonstration permit covering only the field test or laboratory
analyses;
b) If the Agency finds that a phased permit is to be issued, it must establish, as
requirements in the first phase of the facility permit, conditions for conducting the
field tests or laboratory analyses. These permit conditions must include design
and operating parameters (including the duration of the tests or analyses and, in
the case of field tests, the horizontal and vertical dimensions of the treatment
zone), monitoring procedures, post-demonstration cleanup activities, and any
other conditions that the Agency finds necessary under 35 Ill. Adm. Code
724.372(c). The Agency must include conditions in the second phase of the
facility permit to attempt to meet all Subpart M of 35 Ill. Adm. Code 724
requirements pertaining to unit design, construction, operation and maintenance.
The Agency must establish these conditions in the second phase of the permit
based upon the substantial but incomplete or inconclusive information contained
in the Part B application, as follows:
1) The first phase of the permit becomes effective as provided in 35 Ill. Adm.
Code 705.201(d);
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2) The second phase of the permit becomes effective as provided in
subsection (d) of this Section;
c) When the owner or operator who has been issued a two-phase permit has
completed the treatment demonstration, it must submit to the Agency a
certification, signed by a person authorized to sign a permit application or report
under 35 Ill. Adm. Code 702.126, that the field tests or laboratory analyses have
been carried out in accordance with the conditions specified in phase one of the
permit for conducting such tests or analyses. The owner or operator must also
submit all data collected during the field tests or laboratory analyses within 90
days of completion of those tests or analyses, unless the Agency approves a later
date;
d) If the Agency determines that the results of the field tests or laboratory analyses
meet the requirements of 35 Ill. Adm. Code 724.372, it must modify the second
phase of the permit to incorporate any requirements necessary for operation of the
facility in compliance with Subpart M of 35 Ill. Adm. Code 724, based upon the
results of the field tests or laboratory analyses.
1) This permit modification may proceed as a minor modification under
Section 703.280, or otherwise must proceed as a modification under
Section 703.271(b). If such modifications are necessary, the second phase
of the permit becomes effective only after those modifications have been
made.
2) If no modifications of the second phase of the permit are necessary, or if
only minor modifications are necessary and have been made, the Agency
must give notice of its final decision to the permit applicant and to each
person who submitted written comments on the phased permit or who
requested notice of final decision on the second phase of the permit. The
second phase of the permit then becomes effective as specified in 35 Ill.
Adm. Code 705.201(d).
BOARD NOTE: Derived from 40 CFR 270.63 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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Section 703.231 Research, Development and Demonstration Permits
a) The Agency may issue a research, development, and demonstration permit for any
hazardous waste treatment facility that proposes to utilize an innovative and
experimental hazardous waste treatment technology or process for which permit
standards for such experimental activity have not been promulgated under 35 Ill.
Adm. Code 724 or 726. Any such permit must include such terms and conditions
as will assure protection of human health and the environment. Such a permit
must provide as follows:
1) It must provide for the construction of such facilities as necessary, and for
operation of the facility for not longer than one year, unless renewed as
provided in subsection (d) of this Section;
2) It must provide for the receipt and treatment by the facility of only those
types and quantities of hazardous waste necessary for purposes of
determining the efficacy and performance capabilities of the technology or
process and the effects of such technology or process on human health and
the environment; and
3) It must include such requirements as necessary to protect human health
and the environment (including, but not limited to, requirements regarding
monitoring, operation, financial responsibility, closure, and remedial
action), and such requirements as necessary regarding testing and
providing of information to the Agency with respect to the operation of the
facility.
b) For the purpose of expediting review and issuance of permits under this Section,
the Agency may, consistent with the protection of human health and the
environment, modify or waive permit application and permit issuance
requirements in this Part and 35 Ill. Adm. Code 702 and 705 except that there
may be no modification or waiver of regulations regarding financial responsibility
(including insurance) or of procedures regarding public participation.
c) Pursuant to Section 34 of the Act [415 ILCS 5/34], the Agency may order an
immediate termination of all operations at the facility at any time it determines
that termination is necessary to protect human health and the environment. The
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permittee may seek Board review of the termination pursuant to Section 34(d) of
the Act [415 ILCS 5/39(d)].
d) Any permit issued under this Section may be renewed not more than three times.
Each such renewal must be for a period of not more than one year.
BOARD NOTE: Derived from 40 CFR 270.65 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.232 Permits for Boilers and Industrial Furnaces Burning Hazardous
Waste
When the owner or operator of a cement or lightweight aggregate kiln demonstrates compliance
with the air emission standards and limitations of the federal National Emission Standards for
Hazardous Air Pollutants (NESHAPs) in 40 CFR 63, subpart EEE, incorporated by reference in
35 Ill. Adm. Code 720.111 (i.e., by conducting a comprehensive performance test and submitting
a Notification of Compliance under 40 CFR 63.1207(j) and 63.1210(b) documenting compliance
with all applicable requirements of 40 CFR 63, subpart EEE), the requirements of this Section do
not apply, except those provisions that the Agency determines are necessary to ensure
compliance with 35 Ill. Adm. Code 726.202(e)(1) and (e)(2)(C) if the owner or operator elects to
comply with Section 703.310(a)(1)(A) to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events. Nevertheless, the Agency may apply the provisions of this
Section, on a case-by-case basis, for purposes of information collection in accordance with
Sections 703.188 and 703.241(a)(2).
a) General. The owner or operator of a new boiler or industrial furnace (one not
operating under the interim status standards of 35 Ill. Adm. Code 726.203) is
subject to subsections (b) through (f) of this Section. A boiler or industrial
furnace operating under the interim status standards of 35 Ill. Adm. Code 726.203
is subject to subsection (g) of this Section.
b) Permit operating periods for a new boiler or industrial furnace. A permit for a
new boiler or industrial furnace must specify appropriate conditions for the
following operating periods:
1) Pretrial burn period. For the period beginning with initial introduction of
hazardous waste and ending with initiation of the trial burn, and only for
the minimum time required to bring the boiler or industrial furnace to a
point of operation readiness to conduct a trial burn, not to exceed 720
hours operating time when burning hazardous waste, the Agency must
establish permit conditions in the pretrial burn period, including but not
limited to allowable hazardous waste feed rates and operating conditions.
The Agency must extend the duration of this operational period once, for
up to 720 additional hours, at the request of the applicant when good cause
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is shown. The permit must be modified to reflect the extension according
to Sections 703.280 through 703.283.
A) Applicants must submit a statement, with Part B of the permit
application, that suggests the conditions necessary to operate in
compliance with the standards of 35 Ill. Adm. Code 726.204
through 726.207 during this period. This statement should include,
at a minimum, restrictions on the applicable operating
requirements identified in 35 Ill. Adm. Code 726.202 (e).
B) The Agency must review this statement and any other relevant
information submitted with Part B of the permit application and
specify requirements for this period sufficient to meet the
performance standards of 35 Ill. Adm. Code 726.204 through
726.207 based on the Agency’s engineering judgment.
2) Trial burn period. For the duration of the trial burn, the Agency must
establish conditions in the permit for the purposes of determining
feasibility of compliance with the performance standards of 35 Ill. Adm.
Code 726.204 through 726.207 and determining adequate operating
conditions under 35 Ill. Adm. Code 726.202(e). Applicants must propose
a trial burn plan, prepared under subsection (c) of this Section, to be
submitted with Part B of the permit application.
3) Post-trial burn period.
A) For the period immediately following completion of the trial burn,
and only for the minimum period sufficient to allow sample
analysis, data computation and submission of the trial burn results
by the applicant, and review of the trial burn results and
modification of the facility permit by the Agency to reflect the trial
burn results, the Agency must establish the operating requirements
most likely to ensure compliance with the performance standards
of 35 Ill. Adm. Code 726.204 through 726.207 based on the
Agency’s engineering judgment.
B) Applicants must submit a statement, with Part B of the application,
that identifies the conditions necessary to operate during this
period in compliance with the performance standards of 35 Ill.
Adm. Code 726.204 through 726.207. This statement should
include, at a minimum, restrictions on the operating requirements
provided by 35 Ill. Adm. Code 726.202 (e).
C) The Agency must review this statement and any other relevant
information submitted with Part B of the permit application and
specify requirements of this period sufficient to meet the
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performance standards of 35 Ill. Adm. Code 726.204 through
726.207 based on the Agency’s engineering judgment.
4) Final permit period. For the final period of operation the Agency must
develop operating requirements in conformance with 35 Ill. Adm. Code
726.202(e) that reflect conditions in the trial burn plan and are likely to
ensure compliance with the performance standards of 35 Ill. Adm. Code
726.204 through 726.207. Based on the trial burn results, the Agency
must make any necessary modifications to the operating requirements to
ensure compliance with the performance standards. The permit
modification must proceed according to Sections 703.280 through
703.283.
c) Requirements for trial burn plans. The trial burn plan must include the following
information. The Agency, in reviewing the trial burn plan, must evaluate the
sufficiency of the information provided and may require the applicant to
supplement this information, if necessary, to achieve the purposes of this
subsection (c).
1) An analysis of each feed stream, including hazardous waste, other fuels,
and industrial furnace feed stocks, as fired, that includes the following:
A) Heating value, levels of antimony, arsenic, barium, beryllium,
cadmium, chromium, lead, mercury, silver, thallium, total chlorine
and chloride, and ash; and
B) Viscosity or description of the physical form of the feed stream.
2) An analysis of each hazardous waste, as fired, including the following:
A) An identification of any hazardous organic constituents listed in
Appendix H to 35 Ill. Adm. Code 721 that are present in the feed
stream, except that the applicant need not analyze for constituents
listed in Appendix H that would reasonably not be expected to be
found in the hazardous waste. The constituents excluded from
analysis must be identified and the basis for this exclusion
explained. The analysis must be conducted in accordance with
analytical techniques specified in “Test Methods for the Evaluation
of Solid Waste, Physical/Chemical Methods,” USEPA Publication
SW-846, as incorporated by reference at 35 Ill. Adm. Code
720.111 and Section 703.110, or their equivalent;
B) An approximate quantification of the hazardous constituents
identified in the hazardous waste, within the precision produced by
the analytical methods specified in “Test Methods for the
Evaluation of Solid Waste, Physical/Chemical Methods,” USEPA
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Publication SW-846, as incorporated by reference at 35 Ill. Adm.
Code 720.111 and Section 703.110, or other equivalent; and
C) A description of blending procedures, if applicable, prior to firing
the hazardous waste, including a detailed analysis of the hazardous
waste prior to blending, an analysis of the material with which the
hazardous waste is blended, and blending ratios.
3) A detailed engineering description of the boiler or industrial furnace,
including the following:
A) Manufacturer’s name and model number of the boiler or industrial
furnace;
B) Type of boiler or industrial furnace;
C) Maximum design capacity in appropriate units;
D) Description of the feed system for the hazardous waste and, as
appropriate, other fuels and industrial furnace feedstocks;
E) Capacity of hazardous waste feed system;
F) Description of automatic hazardous waste feed cutoff systems;
G) Description of any pollution control system; and
H) Description of stack gas monitoring and any pollution control
monitoring systems.
4) A detailed description of sampling and monitoring procedures, including
sampling and monitoring locations in the system, the equipment to be
used, sampling and monitoring frequency, and sample analysis.
5) A detailed test schedule for each hazardous waste for which the trial burn
is planned, including dates, duration, quantity of hazardous waste to be
burned, and other factors relevant to the Agency’s decision under
subsection (b)(2) of this Section.
6) A detailed test protocol, including, for each hazardous waste identified,
the ranges of hazardous waste feed rate, and, as appropriate, the feed rates
of other fuels and industrial furnace feedstocks, and any other relevant
parameters that may affect the ability of the boiler or industrial furnace to
meet the performance standards in 35 Ill. Adm. Code 726.204 through
726.207.
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7) A description of and planned operating conditions for any emission
control equipment that will be used.
8) Procedures for rapidly stopping the hazardous waste feed and controlling
emissions in the event of an equipment malfunction.
9) Such other information as the Agency finds necessary to determine
whether to approve the trial burn plan in light of the purposes of this
subsection (c) and the criteria in subsection (b)(2) of this Section.
d) Trial burn procedures.
1) A trial burn must be conducted to demonstrate conformance with the
standards of 35 Ill. Adm. Code 726.104 through 726.107.
2) The Agency must approve a trial burn plan if the Agency finds as follows:
A) That the trial burn is likely to determine whether the boiler or
industrial furnace can meet the performance standards of 35 Ill.
Adm. Code 726.104 through 726.107;
B) That the trial burn itself will not present an imminent hazard to
human health and the environment;
C) That the trial burn will help the Agency to determine operating
requirements to be specified under 35 Ill. Adm. Code 726.102(e);
and
D) That the information sought in the trial burn cannot reasonably be
developed through other means.
3) The Agency must send a notice to all persons on the facility mailing list,
as set forth in 35 Ill. Adm. Code 705.161(a), and to the appropriate units
of State and local government, as set forth in 35 Ill. Adm. Code
705.163(a)(5), announcing the scheduled commencement and completion
dates for the trial burn. The applicant may not commence the trial burn
until after the Agency has issued such notice.
A) This notice must be mailed within a reasonable time period before
the trial burn. An additional notice is not required if the trial burn
is delayed due to circumstances beyond the control of the facility
or the Agency.
B) This notice must contain the following:
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i) The name and telephone number of applicant’s contact
person;
ii) The name and telephone number of the Agency regional
office appropriate for the facility;
iii) The location where the approved trial burn plan and any
supporting documents can be reviewed and copied; and
iv) An expected time period for commencement and
completion of the trial burn.
4) The applicant must submit to the Agency a certification that the trial burn
has been carried out in accordance with the approved trial burn plan, and
submit the results of all the determinations required in subsection (c) of
this Section. The Agency must, in the trial burn plan, require that the
submission be made within 90 days after completion of the trial burn, or
later if the Agency determines that a later date is acceptable.
5) All data collected during any trial burn must be submitted to the Agency
following completion of the trial burn.
6) All submissions required by this subsection (d) must be certified on behalf
of the applicant by the signature of a person authorized to sign a permit
application or a report under 35 Ill. Adm. Code 702.126.
e) Special procedures for DRE trial burns. When a DRE trial burn is required under
35 Ill. Adm. Code 726.104, the Agency must specify (based on the hazardous
waste analysis data and other information in the trial burn plan) as trial Principal
Organic Hazardous Constituents (POHCs) those compounds for which destruction
and removal efficiencies must be calculated during the trial burn. These trial
POHCs will be specified by the Agency based on information including the
Agency’s estimate of the difficulty of destroying the constituents identified in the
hazardous waste analysis, their concentrations or mass in the hazardous waste
feed, and, for hazardous waste containing or derived from wastes listed in Subpart
D of 35 Ill. Adm. Code 721, the hazardous waste organic constituents identified in
Appendix G to 35 Ill. Adm. Code 721 as the basis for listing.
f) Determinations based on trial burn. During each approved trial burn (or as soon
after the burn as is practicable), the applicant must make the following
determinations:
1) A quantitative analysis of the levels of antimony, arsenic, barium,
beryllium, cadmium, chromium, lead, mercury, thallium, silver, and
chlorine/chloride in the feed streams (hazardous waste, other fuels, and
industrial furnace feedstocks);
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2) When a DRE trial burn is required under 35 Ill. Adm. Code 726.204(a),
the following determinations:
A) A quantitative analysis of the trial POHCs in the hazardous waste
feed;
B) A quantitative analysis of the stack gas for the concentration and
mass emissions of the trial POHCs; and
C) A computation of destruction and removal efficiency (DRE), in
accordance with the DRE formula specified in 35 Ill. Adm. Code
726.204(a);
3) When a trial burn for chlorinated dioxins and furans is required under 35
Ill. Adm. Code 726.204(e), a quantitative analysis of the stack gas for the
concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-
through octa-congeners of chlorinated dibenzo-p-dioxins and furans, and a
computation showing conformance with the emission standard;
4) When a trial burn for PM, metals, or HCl and chlorine gas is required
under 35 Ill. Adm. Code 726.205, 726.206(c) or (d), or 726.207(b)(2) or
(c), a quantitative analysis of the stack gas for the concentrations and mass
emissions of PM, metals, or HCl and chlorine gas, and computations
showing conformance with the applicable emission performance
standards;
5) When a trial burn for DRE, metals, and HCl and chlorine gas is required
under 35 Ill. Adm. Code 726.204(a), 726.206(c) or (d), or 726.207(b)(2) or
(c), a quantitative analysis of the scrubber water (if any), ash residues,
other residues, and products for the purpose of estimating the fate of the
trial POHCs, metals, and chlorine and chloride;
6) An identification of sources of fugitive emissions and their means of
control;
7) A continuous measurement of carbon monoxide (CO), oxygen, and, where
required, hydrocarbons (HC) in the stack gas; and
8) Such other information as the Agency specifies as necessary to ensure that
the trial burn will determine compliance with the performance standards
35 Ill. Adm. Code 726.204 through 726.207 and to establish the operating
conditions required by 35 Ill. Adm. Code 726.204 through 726.207 and of
determining adequate operating conditions under 35 Ill. Adm. Code
726.203, and to establish the operating conditions required by 35 Ill. Adm.
Code 726.202(e) as necessary to meet those performance standards.
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g) Interim status boilers and industrial furnaces. For the purpose of determining
feasibility of compliance with the performance standards of 35 Ill. Adm. Code
726.204 through 726.207 and of determining adequate operating conditions under
35 Ill. Adm. Code 726.203, an applicant that owns or operates an existing boiler
or industrial furnace which is operated under the interim status standards of 35 Ill.
Adm. Code 726.203 must either prepare and submit a trial burn plan and perform
a trial burn in accordance with the requirements of this Section or submit other
information as specified in Section 703.208(a)(6). The Agency must announce its
intention to approve of the trial burn plan in accordance with the timing and
distribution requirements of subsection (d)(3) of this Section. The contents of the
notice must include all of the following information: the name and telephone
number of a contact person at the facility; the name and telephone number of the
Agency regional office appropriate for the facility; the location where the trial
burn plan and any supporting documents can be reviewed and copied; and a
schedule of the activities that are required prior to permit issuance, including the
anticipated time schedule for Agency approval of the plan, and the time periods
during which the trial burn would be conducted. Applicants that submit a trial
burn plan and receive approval before submission of the Part B permit application
must complete the trial burn and submit the results specified in subsection (f) of
this Section with the Part B permit application. If completion of this process
conflicts with the date set for submission of the Part B application, the applicant
must contact the Agency to establish a later date for submission of the Part B
application or the trial burn results. If the applicant submits a trial burn plan with
Part B of the permit application, the trial burn must be conducted and the results
submitted within a time period prior to permit issuance to be specified by the
Agency.
BOARD NOTE: Derived from 40 CFR 270.66 (2002), as amended at 67 Fed. Reg. 77687
(December 19, 2002).
(Source: Amended at 27 Ill. Reg. 12683, effective July 17, 2003)
Section 703.234 Remedial Action Plans
Remedial Action Plans (RAPs) are special forms of permits that are regulated under Subpart H of
this Part.
BOARD NOTE: Derived from 40 CFR 270.68 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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SUBPART F: PERMIT CONDITIONS OR DENIAL
Section 703.240 Permit Denial
The Agency may, pursuant to the procedures of 35 Ill. Adm. Code 705, deny the permit
application either in its entirety or only as to the active life of a HWM facility or unit.
BOARD NOTE: Derived from 40 CFR 270.29 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.241 Establishing Permit Conditions
a) General conditions:
1) In addition to the conditions established under 35 Ill. Adm. Code
702.160(a), each RCRA permit must include permit conditions necessary
to achieve compliance with each of the applicable requirements specified
in 35 Ill. Adm. Code 724 and 726 through 728. In satisfying this
provision, the Agency may incorporate applicable requirements of 35 Ill.
Adm. Code 724 and 726 through 728 directly into the permit or establish
other permit conditions that are based on these Parts;
2) Each RCRA permit issued under Section 39(d) of the Environmental
Protection Act [415 ILCS 5/39(d)] must contain terms and conditions that
the Agency determines are necessary to protect human health and the
environment.
BOARD NOTE: Subsection (a) derived from 270.32(b) (2002).
b) The conditions specified in this Subpart, in addition to those set forth in 35 Ill.
Adm. Code 702.140 through 702.152, apply to all RCRA permits.
BOARD NOTE: Subsection (b) derived from 40 CFR 270.30 preamble (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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Section 703.242 Noncompliance Pursuant to Emergency Permit
In addition to 35 Ill. Adm. Code 702.141 (duty to comply), the permittee need not comply with
the conditions of its permit to the extent and for the duration such noncompliance is authorized in
an emergency permit. (See Section 703.221).
BOARD NOTE: Derived from 40 CFR 270.30(a) (1992).
(Source: Amended at 18 Ill. Reg. 18316, effective December 20, 1994)
Section 703.243 Monitoring
In addition to 35 Ill. Adm. Code 702.150 (monitoring) the following apply:
a) The permittee must retain records of all monitoring information, including the
certification required by 35 Ill. Adm. Code 724.173(b)(3), for a period of at least
three years from the date of the certification.
b) The permittee must maintain records from all groundwater monitoring wells and
associated groundwater surface elevations, for the active life of the facility, and
for disposal facilities for the post-closure care period as well.
BOARD NOTE: Derived from 40 CFR 270.30(j)(2) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.244 Notice of Planned Changes (Repealed)
(Source: Repealed at 18 Ill. Reg. 18316, effective December 20, 1994)
Section 703.245 Twenty-four Hour Reporting
a) The permittee must report any non-compliance that may endanger health or the
environment orally within 24 hours after the permittee becomes aware of the
circumstances, including the following:
1) Information concerning release of any hazardous waste that may cause an
endangerment to public drinking water supplies;
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2) Any information of a release or discharge of hazardous waste, or of a fire
or explosion from a HWM facility, that could threaten the environment or
human health outside the facility.
b) The description of the occurrence and its cause must include the following:
1) Name, address, and telephone number of the owner or operator;
2) Name, address, and telephone number of the facility;
3) Date, time, and type of incident;
4) Name and quantity of materials involved;
5) The extent of injuries, if any;
6) An assessment of actual or potential hazards to the environment and
human health outside the facility, where this is applicable; and
7) Estimated quantity and disposition of recovered material that resulted
from the incident.
c) A written submission must also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission must
contain a description of the non-compliance and its cause; the period of
noncompliance including exact dates, times, and, if the noncompliance has not
been corrected, the anticipated time the noncompliance is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Agency may waive the five-day written notice requirement
in favor of a written report within 15 days.
BOARD NOTE: Derived from 40 CFR 270.30(l)(6) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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Section 703.246 Reporting Requirements
The following reports required by 35 Ill. Adm. Code 724 must be submitted in addition to those
required by 35 Ill. Adm. Code 702.152 (reporting requirements):
a) Manifest discrepancy report: if a significant discrepancy in a manifest is
discovered, the permittee must attempt to reconcile the discrepancy. If not
resolved within 15 days, the permittee must submit a letter report including a copy
of the manifest to the Agency (see 35 Ill. Adm. Code 724.172).
b) Unmanifested waste report: if hazardous waste is received without an
accompanying manifest, the permittee must submit an unmanifested waste report
to the Agency within 15 days of receipt of unmanifested waste. (see 35 Ill. Adm.
Code 724.176)
c) Annual report: an annual report must be submitted covering facility activities
during the previous calendar year (see 35 Ill. Adm. Code 724.175).
BOARD NOTE: Derived from 40 CFR 270.30(l)(7) through (l)(9) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.247 Anticipated Noncompliance
In addition to 35 Ill. Adm. Code 702.152(b), for a new facility, the permittee must not treat,
store, or dispose of hazardous waste; and for a facility being modified, the permittee must not
treat, store, or dispose of hazardous waste in the modified portion of the facility, except as
provided in Section 703.280, until one of the following has occurred:
a) The permittee has submitted to the Agency by certified mail or hand delivery a
letter signed by the permittee and a registered professional engineer stating that
the facility has been constructed or modified in compliance with the permit; and
b) Either:
1) The Agency has inspected the modified or newly constructed facility and
finds it is in compliance with the conditions of the permit; or
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2) Within 15 days after the date of submission of the letter in subsection (a)
of this Section, the permittee has not received notice from the Agency of
its intent to inspect, the permittee may commence treatment, storage, or
disposal of hazardous waste.
BOARD NOTE: Derived from 40 CFR 270.30(l)(2) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.248 Information Repository
The Agency may require the permittee to establish and maintain an information repository at any
time, based on the factors set forth in Section 703.193(b). The information repository must be
governed by the provisions in Section 703.193(c) through (f).
BOARD NOTE: Derived from 40 CFR 270.30(m) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
SUBPART G: CHANGES TO PERMITS
Section 703.260 Transfer
a) A permit may be transferred by the permittee to a new owner or operator only if
the permit has been modified or reissued (under subsection (b) of this Section or
Section 703.272) to identify the new permittee and incorporate such other
requirements as are necessary under the appropriate Act. The new owner or
operator to whom the permit is transferred must comply with all the terms and
conditions specified in such permit.
b) Changes in the ownership or operational control of a facility must be made as a
Class 1 modification with the prior written approval of the Agency in accordance
with Section 703.281. The new owner or operator must submit a revised permit
application no later than 90 days prior to the scheduled change. A written
agreement containing a specific date for transfer of permit responsibility between
the current and new permittees must also be submitted to the Agency. When a
transfer of ownership or operational control occurs, the old owner or operator
must comply with the requirements of Subpart H of 35 Ill. Adm. Code 724
(Financial Requirements), until the new owner or operator has demonstrated
compliance with that Subpart. The new owner or operator must demonstrate
compliance with that Subpart within six months after the date of change of
operational control of the facility. Upon demonstration to the Agency by the new
owner or operator of compliance with that Subpart, the Agency must notify the
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old owner or operator that the old owner or operator no longer needs to comply
with that Subpart as of the date of demonstration.
BOARD NOTE: Derived from 40 CFR 270.40 (2002).
BOARD NOTE: The new operator may be required to employ a chief operator that is certified
pursuant to 35 Ill. Adm. Code 745.
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.270 Modification
When the Agency receives any information (for example, inspects the facility, receives
information submitted by the permittee as required in the permit (see 35 Ill. Adm. Code 702.140
through 702.152 and Section 703.241 et seq.), receives a request for reissuance under 35 Ill.
Adm. Code 705.128 or conducts a review of the permit file) it may determine whether or not one
or more of the causes, listed in Sections 703.271 or 703.272, for modification, reissuance or
both, exist. If cause exists, the Agency must modify or reissue the permit accordingly, subject to
the limitations of Section 703.273, and may request an updated application if necessary. When a
permit is modified, only the conditions subject to modification are reopened. If a permit is
reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new
term. (see 35 Ill. Adm. Code 705.128(c)(2)) If cause does not exist under Section 703.271 or
703.272, the Agency must not modify or reissue the permit, except on the request of the
permittee. If a permit modification is requested by the permittee, the Agency must approve or
deny the request according to the procedures of Section 703.280 et seq. Otherwise, a draft
permit must be prepared and other procedures in 35 Ill. Adm. Code 705 must be followed.
BOARD NOTE: Derived from the preamble to 40 CFR 270.41 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.271 Causes for Modification
The following are cause for modification, but not reissuance, of permits; the following are cause
for reissuance as well as modification when the permittee requests or agrees:
a) Alterations. There are material and substantial alterations or additions to the
permitted facility or activity that occurred after permit issuance which justify the
application of permit conditions that are different or absent in the existing permit.
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b) Information. The Agency has received information. Permits will be modified
during their terms for this cause only if the information was not available at the
time of permit issuance (other than revised regulations, guidance, or test methods)
and would have justified the application of different permit conditions at the time
of issuance.
c) New statutory requirements or regulations. The standards or regulations on which
the permit was based have been changed by statute, through promulgation of new
or amended standards or regulations, or by judicial decision after the permit was
issued.
d) Compliance schedules. The Agency determines good cause exists for
modification of a compliance schedule, such as an act of God, strike, flood,
materials shortage, or other events over which the permittee has little or no
control and for which there is no reasonably available remedy.
e) The Agency must also modify a permit as follows:
1) When modification of a closure plan is required under 35 Ill. Adm. Code
724.212(b) or 724.218(b).
2) After the Agency receives the notification of expected closure under 35 Ill.
Adm. Code 724.213, when the Agency determines that extension of the 90
or 180 day periods under 35 Ill. Adm. Code 724.213, modification of the
30-year post-closure period under 35 Ill. Adm. Code 724.217(a),
continuation of security requirements under 35 Ill. Adm. Code 724.217(b),
or permission to disturb the integrity of the containment system under 35
Ill. Adm. Code 724.217(c) are unwarranted.
3) When the permittee has filed a request under 35 Ill. Adm. Code
724.247(c) for a modification to the level of financial responsibility or
when the Agency demonstrates under 35 Ill. Adm. Code 724.247(d) that
an upward adjustment of the level of financial responsibility is required.
4) When the corrective action program specified in the permit under 35 Ill.
Adm. Code 724.200 has not brought the regulated unit into compliance
with the groundwater protection standard within a reasonable period of
time.
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5) To include a detection monitoring program meeting the requirements of 35
Ill. Adm. Code 724.198, when the owner or operator has been conducting
a compliance monitoring program under 35 Ill. Adm. Code 724.199 or a
corrective action program under 35 Ill. Adm. Code 724.200, and the
compliance period ends before the end of the post-closure care period for
the unit.
6) When a permit requires a compliance monitoring program under 35 Ill.
Adm. Code 724.199, but monitoring data collected prior to permit
issuance indicate that the facility is exceeding the groundwater protection
standard.
7) To include conditions applicable to units at a facility that were not
previously included in the facility’s permit.
8) When a land treatment unit is not achieving complete treatment of
hazardous constituents under its current permit conditions.
f) Notwithstanding any other provision of this Section, when a permit for a land
disposal facility is reviewed under 35 Ill. Adm. Code 702.161(d), the Agency
must modify the permit as necessary to assure that the facility continues to
comply with the currently applicable requirements in this Part and 35 Ill. Adm.
Code 702 and 720 through 726.
BOARD NOTE: Derived from 40 CFR 270.41(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.272 Causes for Modification or Reissuance
The following are causes to modify or, alternatively, reissue a permit: The Agency has received
notification (as required in the permit, see 35 Ill. Adm. Code 702.152(c)) of a proposed transfer
of the permit.
BOARD NOTE: Derived from 40 CFR 270.41(b), as amended at 53 Fed. Reg. 37934,
September 28, 1988.
(Source: Added at 13 Ill. Reg. 18477, effective November 13, 1989)
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Section 703.273 Facility Siting
Suitability of the facility location will not be considered at the time of permit modification or
reissuance unless new information or standards indicate that a threat to human health or the
environment exists which was unknown at the time of permit issuance or unless required under
the Environmental Protection Act. However, certain modifications require site location
suitability approval pursuant to Section 39.2 of the Environmental Protection Act [415 ILCS
5/39.2].
BOARD NOTE: Derived from 40 CFR 270.41(c) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.280 Permit Modification at the Request of the Permittee
a) Class 1 modifications. See Section 703.281.
b) Class 2 modifications. See Section 703.282.
c) Class 3 modifications. See Section 703.283.
d) Other modifications.
1) In the case of modifications not explicitly listed in Appendix A, the
permittee may submit a Class 3 modification request to the Agency, or the
permittee may request a determination by the Agency that the
modification be reviewed and approved as a Class 1 or Class 2
modification. If the permittee requests that the modification be classified
as a Class 1 or 2 modification, the permittee must provide the Agency with
the necessary information to support the requested classification.
2) The Agency must make the determination described in subsection (d)(1)
of this Section as promptly as practicable. In determining the appropriate
class for a specific modification, the Agency must consider the similarity
of the modification to other modifications codified in Appendix A and the
following criteria:
A) Class 1 modifications apply to minor changes that keep the permit
current with routine changes to the facility or its operation. These
changes do not substantially alter the permit conditions or reduce
the capacity of the facility to protect human health or the
environment. In the case of Class 1 modifications, the Agency
may require prior approval.
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B) Class 2 modifications apply to changes that are necessary to enable
a permittee to respond, in a timely manner, to any of the following:
i) Common variations in the types and quantities of the
wastes managed under the facility permit;
ii) Technological advances; and
iii) Changes necessary to comply with new regulations, where
these changes can be implemented without substantially
changing design specifications or management practices in
the permit.
C) Class 3 modifications substantially alter the facility or its
operation.
e) Temporary authorizations.
1) Upon request of the permittee, the Agency must, without prior public
notice and comment, grant the permittee a temporary authorization in
accordance with this subsection. Temporary authorizations have a term of
not more than 180 days.
2) Procedures.
A) The permittee may request a temporary authorization for the
following:
i) Any Class 2 modification meeting the criteria in subsection
(e)(3)(B) of this Section; and
ii) Any Class 3 modification that meets the criteria in
subsection (e)(3)(B)(i) of this Section or that meets the
criteria in subsections (e)(3)(B)(iii) through (e)(3)(B)(v) of
this Section and provides improved management or
treatment of a hazardous waste already listed in the facility
permit.
B) The temporary authorization request must include the following:
i) A description of the activities to be conducted under the
temporary authorization;
ii) An explanation of why the temporary authorization is
necessary; and
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iii) Sufficient information to ensure compliance with 35 Ill.
Adm. Code 724 standards.
C) The permittee must send a notice about the temporary
authorization request to all persons on the facility mailing list
maintained by the Agency and to appropriate units of State and
local governments, as specified in 35 Ill. Adm. Code
705.163(a)(5). This notification must be made within seven days
after submission of the authorization request.
3) The Agency must approve or deny the temporary authorization as quickly
as practical. To issue a temporary authorization, the Agency must find as
follows:
A) That the authorized activities are in compliance with the standards
of 35 Ill. Adm. Code 724.
B) That the temporary authorization is necessary to achieve one of the
following objectives before action is likely to be taken on a
modification request:
i) To facilitate timely implementation of closure or corrective
action activities;
ii) To allow treatment or storage in tanks, containers, or
containment buildings, in accordance with 35 Ill. Adm.
Code 728;
iii) To prevent disruption of ongoing waste management
activities;
iv) To enable the permittee to respond to sudden changes in the
types or quantities of the wastes managed under the facility
permit; or
v) To facilitate other changes to protect human health and the
environment.
4) A temporary authorization must be reissued for one additional term of up
to 180 days, provided that the permittee has requested a Class 2 or 3
permit modification for the activity covered in the temporary
authorization, and either of the following is true:
A) The reissued temporary authorization constitutes the Agency’s
decision on a Class 2 permit modification in accordance with
Section 703.282(f)(1)(D) or (f)(2)(D); or
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B) The Agency determines that the reissued temporary authorization
involving a Class 3 permit modification request is warranted to
allow the authorized activities to continue while the modification
procedures of 35 Ill. Adm. Code 703.283 are conducted.
f) Public notice and appeals of permit modification decisions.
1) The Agency must notify persons on the facility mailing list and
appropriate units of State and local government within 10 days after any
decision to grant or deny a Class 2 or 3 permit modification request. The
Agency must also notify such persons within 10 days after an automatic
authorization for a Class 2 modification goes into effect under Section
703.282(f)(3) or (f)(5).
2) The Agency’s decision to grant or deny a Class 2 or 3 permit modification
request may be appealed under the permit appeal procedures of 35 Ill.
Adm. Code 705.212.
3) An automatic authorization that goes into effect under Section
703.282(f)(3) or (f)(5) may be appealed under the permit appeal
procedures of 35 Ill. Adm. Code 705.212; however, the permittee may
continue to conduct the activities pursuant to the automatic authorization
until the Board enters a final order on the appeal notwithstanding the
provisions of 35 Ill. Adm. Code 705.204.
g) Newly regulated wastes and units.
1) The permittee is authorized to continue to manage wastes listed or
identified as hazardous under 35 Ill. Adm. Code 721, or to continue to
manage hazardous waste in units newly regulated as hazardous waste
management units, if each of the following is true:
A) The unit was in existence as a hazardous waste facility with respect
to the newly listed or characterized waste or newly regulated waste
management unit on the effective date of the final rule listing or
identifying the waste, or regulating the unit;
B) The permittee submits a Class 1 modification request on or before
the date on which the waste becomes subject to the new
requirements;
C) The permittee is in compliance with the applicable standards of 35
Ill. Adm. Code 725 and 726;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
D) The permittee also submits a complete class 2 or 3 modification
request within 180 days after the effective date of the rule listing or
identifying the waste, or subjecting the unit to management
standards under 35 Ill. Adm. Code 724, 725, or 726; and
E) In the case of land disposal units, the permittee certifies that such
unit is in compliance with all applicable requirements of 35 Ill.
Adm. Code 725 for groundwater monitoring and financial
responsibility requirements on the date 12 months after the
effective date of the rule identifying or listing the waste as
hazardous, or regulating the unit as a hazardous waste management
unit. If the owner or operator fails to certify compliance with all
these requirements, the owner or operator loses authority to operate
under this Section.
2) New wastes or units added to a facility’s permit under this subsection (g)
do not constitute expansions for the purpose of the 25 percent capacity
expansion limit for Class 2 modifications.
h) Military hazardous waste munitions treatment and disposal. The permittee is
authorized to continue to accept waste military munitions notwithstanding any
permit conditions barring the permittee from accepting off-site wastes, if each of
the following is true:
1) The facility was in existence as a hazardous waste facility and the facility
was already permitted to handle the waste military munitions on the date
when the waste military munitions became subject to hazardous waste
regulatory requirements;
2) On or before the date when the waste military munitions become subject
to hazardous waste regulatory requirements, the permittee submits a Class
1 modification request to remove or amend the permit provision restricting
the receipt of off-site waste munitions; and
3) The permittee submits a complete Class 2 modification request within 180
days after the date when the waste military munitions became subject to
hazardous waste regulatory requirements.
i) Permit modification list. The Agency must maintain a list of all approved permit
modifications and must publish a notice once a year in a State-wide newspaper
that an updated list is available for review.
j) Combustion facility changes to meet federal 40 CFR 63 MACT standards. The
following procedures apply to hazardous waste combustion facility permit
modifications requested under Appendix A, paragraph L(9) of this Part.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
1) A facility owner or operator must have complied with the federal
notification of intent to comply (NIC) requirements of 40 CFR 63.1210
that was in effect prior to October 11, 2000, (see 40 CFR 63 (2000)) in
order to request a permit modification under this Section.
2) If the Agency does not act to either approve or deny the request within 90
days of receiving it, the request must be deemed approved. The Agency
may, at its discretion, extend this 90-day deadline one time for up to 30
days by notifying the facility owner or operator in writing before the 90
days has expired.
BOARD NOTE: Derived from 40 CFR 270.42(d) through (j) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.281 Class 1 Modifications
a) Except as provided in subsection (a)(2) of this Section, the permittee may put into
effect Class I modifications listed in Appendix A under the following conditions:
1) The permittee must notify the Agency concerning the modification by
certified mail or other means that establish proof of delivery within 7
calendar days after the change is put into effect. This notice must specify
the changes being made to permit conditions or supporting documents
referenced by the permit and must explain why they are necessary. Along
with the notice, the permittee must provide the applicable information
required by Section 703.181 through 703.185, 703.201 through 703.207,
703.221 through 703.225, and 703.230.
2) The permittee must send a notice of the modification to all persons on the
facility mailing list, maintained by the Agency in accordance with 35 Ill.
Adm. Code 705.163(a)(4), and the appropriate units of State and local
government, as specified in 35 Ill. Adm. Code 705.163(a)(5). This
notification must be made within 90 calendar days after the change is put
into effect. For the Class 1 modifications that require prior Agency
approval, the notification must be made within 90 calendar days after the
Agency approves the request.
3) Any person may request the Agency to review, and the Agency must for
cause reject, any Class 1 modification. The Agency must inform the
permittee by certified mail that a Class 1 modification has been rejected,
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
explaining the reasons for the rejection. If a Class 1 modification has been
rejected, the permittee must comply with the original permit conditions.
b) Class 1 permit modifications identified in Appendix A by an asterisk must be
made only with the prior written approval of the Agency.
c) For a Class 1 permit modification, the permittee may elect to follow the
procedures in Section 703.282 for Class 2 modifications instead of the Class 1
procedures. The permittee must inform the Agency of this decision in the notice
required in Section 703.282(b)(1).
BOARD NOTE: Derived from 40 CFR 270.42(a) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.282 Class 2 Modifications
a) For Class 2 modifications, listed in Appendix A, the permittee must submit a
modification request to the Agency that does the following:
1) Describes the exact change to be made to the permit conditions and
supporting documents referenced by the permit;
2) Identifies that the modification is a Class 2 modification;
3) Explains why the modification is needed; and
4) Provides the applicable information required by Section 703.181 through
703.185, 703.201 through 703.207, 703.221 through 703.225, and
703.230.
b) The permittee must send a notice of the modification request to all persons on the
facility mailing list maintained by the Agency and to the appropriate units of State
and local government as specified in 35 Ill. Adm. Code 705.163(a)(5) and must,
to the extent practicable, publish this notice in a newspaper of general circulation
published in the County in which the facility is located. If no such newspaper
exists, the permittee must publish the notice in a newspaper of general circulation
in the vicinity of the facility. This notice must be mailed and published within
seven days before or after the date of submission of the modification request, and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
the permittee must provide to the Agency evidence of the mailing and publication.
The notice must include:
1) Announcement of a 60-day comment period, in accordance with
subsection (e) of this Section, and the name and address of an Agency
contact to whom comments must be sent;
2) Announcement of the date, time and place for a public meeting held in
accordance with subsection (d) of this Section;
3) Name and telephone number of the permittee’s contact person;
4) Name and telephone number of an Agency contact person;
5) Locations where copies of the modification request and any supporting
documents can be viewed and copied; and
6) The following statement: “The permittee’s compliance history during the
life of the permit being modified is available from the Agency contact
person.”
c) The permittee must place a copy of the permit modification request and
supporting documents in a location accessible to the public in the vicinity of the
permitted facility.
d) The permittee must hold a public meeting no earlier than 15 days after the
publication of the notice required in subsection (b) of this Section and no later
than 15 days before the close of the 60-day comment period. The meeting must
be held in the County in which the permitted facility is located, unless it is
impracticable to do so, in which case the hearing must be held in the vicinity of
the facility.
e) The public must be provided 60 days to comment on the modification request.
The comment period begins on the date that the permittee publishes the notice in
the local newspaper. Comments must be submitted to the Agency contact
identified in the public notice.
f) Agency decision.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
1) No later than 90 days after receipt of the notification request, the Agency
must:
A) Approve the modification request, with or without changes, and
modify the permit accordingly;
B) Deny the request;
C) Determine that the modification request must follow the
procedures in Section 703.283 for Class 3 modifications for either
of the following reasons:
i) There is significant public concern about the proposed
modification; or
ii) The complex nature of the change requires the more
extensive procedures of Class 3;
D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days; or
E) Notify the permittee that the Agency will decide on the request
within the next 30 days.
2) If the Agency notifies the permittee of a 30-day extension for a decision,
the Agency must, no later than 120 days after receipt of the modification
request, do the following:
A) Approve the modification request, with or without changes, and
modify the permit accordingly;
B) Deny the request;
C) Determine that the modification request must follow the
procedures in Section 703.283 for Class 3 modifications for the
following reasons:
i) There is significant public concern about the proposed
modification; or
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
ii) The complex nature of the change requires the more
extensive procedures of Class 3; or
D) Approve the request, with or without changes, as a temporary
authorization having a term of up to 180 days.
3) If the Agency fails to make one of the decisions specified in subsection
(f)(2) of this Section by the 120th day after receipt of the modification
request, the permittee is automatically authorized to conduct the activities
described in the modification request for up to 180 days, without formal
Agency action. The authorized activities must be conducted as described
in the permit modification request and must be in compliance with all
appropriate standards of 35 Ill. Adm. Code 725. If the Agency approves,
with or without changes, or denies the modification request during the
term of the temporary or automatic authorization provided for in
subsections (f)(1), (f)(2), or (f)(3) of this Section, such action cancels the
temporary or automatic authorization.
4) Notification by permittee.
A) In the case of an automatic authorization under subsection (f)(3) of
this Section, or a temporary authorization under subsection
(f)(1)(D) or (f)(2)(D) of this Section, if the Agency has not made a
final approval or denial of the modification request by the date 50
days prior to the end of the temporary or automatic authorization,
the permittee must, within seven days after that time, send a
notification to persons on the facility mailing list, and make a
reasonable effort to notify other persons who submitted written
comments on the modification request, that informs them as
follows:
i) That the permittee has been authorized temporarily to
conduct the activities described in the permit modification
request; and
ii) That, unless the Agency acts to give final approval or
denial of the request by the end of the authorization period,
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
the permittee will receive authorization to conduct such
activities for the life of the permit.
B) If the owner or operator fails to notify the public by the date
specified in subsection (f)(4)(A) of this Section, the effective date
of the permanent authorization will be deferred until 50 days after
the owner or operator notifies the public.
5) Except as provided in subsection (f)(7) of this Section, if the Agency does
not finally approve or deny a modification request before the end of the
automatic or temporary authorization period or reclassify the modification
as a Class 3 modification, the permittee is authorized to conduct the
activities described in the permit modification request for the life of the
permit unless modified later under Section 703.270 or Section 703.280.
The activities authorized under this subsection must be conducted as
described in the permit modification request and must be in compliance
with all appropriate standards of 35 Ill. Adm. Code 725.
6) In making a decision to approve or deny a modification request, including
a decision to issue a temporary authorization or to reclassify a
modification as a Class 3, the Agency must consider all written comments
submitted to the Agency during the public comment period and must
respond in writing to all significant comments in the Agency’s decision.
7) With the written consent of the permittee, the Agency may extend
indefinitely or for a specified period the time periods for final approval or
denial of a modification request or for reclassifying a modification as a
Class 3.
g) The Agency must deny or change the terms of a Class 2 permit modification
request under subsections (f)(1) through (f)(3) of this Section for the following
reasons:
1) The modification request is incomplete;
2) The requested modification does not comply with the appropriate
requirements of 35 Ill. Adm. Code 724 or other applicable requirements;
or
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3) The conditions of the modification fail to protect human health and the
environment.
h) The permittee may perform any construction associated with a Class 2 permit
modification request beginning 60 days after the submission of the request unless
the Agency establishes a later date for commencing construction and informs the
permittee in writing before day 60.
BOARD NOTE: Derived from 40 CFR 270.42(b) (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.283 Class 3 Modifications
a) For Class 3 modifications, listed in Appendix A, the permittee must submit a
modification request to the Agency that does the following:
1) Describes the exact change to be made to the permit conditions and
supporting documents referenced by the permit;
2) Identifies that the modification is a Class 3 modification;
3) Explains why the modification is needed; and
4) Provides the applicable information required by Section 703.181 through
703.187, 703.201 through 703.209, 703.221 through 703.225, 703.230,
and 703.232.
b) The permittee must send a notice of the modification request to all persons on the
facility mailing list maintained by the Agency and to the appropriate units of State
and local government, as specified in 35 Ill. Adm. Code 705.163(a)(5), and must
publish this notice in a newspaper of general circulation in the county in which
the facility is located. This notice must be mailed and published within seven
days before or after the date of submission of the modification request, and the
permittee must provide to the Agency evidence of the mailing and publication.
The notice must include the following:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
1) Announcement of a 60-day comment period, in accordance with
subsection (e) of this Section, and the name and address of an Agency
contact to whom comments must be sent;
2) Announcement of the date, time, and place for a public meeting held in
accordance with subsection (d) of this Section;
3) Name and telephone number of the permittee’s contact person;
4) Name and telephone number of an Agency contact person;
5) Locations where copies of the modification request and any supporting
documents can be viewed and copied; and
6) The following statement: “The permittee’s compliance history during the
life of the permit being modified is available from the Agency contact
person.”
c) The permittee must place a copy of the permit modification request and
supporting documents in a location accessible to the public in the vicinity of the
permitted facility.
d) The permittee must hold a public meeting no earlier than 15 days after the
publication of the notice required in subsection (b) of this Section and no later
than 15 days before the close of the 60-day comment period. The meeting must
be held to the extent practicable in the vicinity of the permitted facility.
e) The public must be provided 60 days to comment on the modification request.
The comment period will begin on the date the permittee publishes the notice in
the local newspaper. Comments must be submitted to the Agency contact
identified in the public notice.
f) After the conclusion of the 60-day comment period, the Agency must grant or
deny the permit modification request, according to the permit modification
procedures of 35 Ill. Adm. Code 705. In addition, the Agency must consider and
respond to all significant written comments received during the 60-day comment
period.
BOARD NOTE: Derived from 40 CFR 270.42(c) (2002).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
SUBPART H: REMEDIAL ACTION PLANS
Section 703.300 Special Regulatory Format
USEPA wrote the federal counterpart to this Subpart H, 40 CFR 270, Subpart H, in a special
format to make it easier to understand the regulatory requirements. The Board has adapted the
substance of the corresponding federal regulations in this Subpart H to use a more conventional
regulatory format, rather than the question-and-answer format used by USEPA.
BOARD NOTE: Derived from 40 CFR 270.79 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.301 General Information
a) Definition of a RAP.
1) A RAP is a special form of RCRA permit that an owner or operator may
obtain, instead of a permit issued under 35 Ill. Adm. Code 702 and this Part,
to authorize the owner or operator to treat, store, or dispose of hazardous
remediation waste (as defined in 35 Ill. Adm. Code 720.110) at a
remediation waste management site. A RAP may only be issued for the
area of contamination where the remediation wastes to be managed under
the RAP originated, or areas in close proximity to the contaminated area,
except as allowed in limited circumstances under Section 703.306.
2) The requirements in 35 Ill. Adm. Code 702 and this Part do not apply to
RAPs unless those requirements for traditional RCRA permits are
specifically required under this Subpart H. The definitions in 35 Ill. Adm.
Code 702.110 apply to RAPs.
3) Notwithstanding any other provision of 35 Ill. Adm. Code 702 or this Part,
any document that meets the requirements in this Section constitutes a
RCRA permit, as defined in 35 Ill. Adm. Code 702.110.
4) A RAP may be either of the following:
A) A stand-alone document that includes only the information and
conditions required by this Subpart H; or
B) A part (or parts) of another document that includes information or
conditions for other activities at the remediation waste management
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site, in addition to the information and conditions required by this
Subpart H.
5) If an owner or operator is treating, storing, or disposing of hazardous
remediation wastes as part of a cleanup compelled by authorities issued by
USEPA or the State of Illinois, a RAP does not affect the obligations under
those authorities in any way.
6) If an owner or operator receives a RAP at a facility operating under interim
status, the RAP does not terminate the facility’s interim status.
BOARD NOTE: Subsection (a) is derived from 40 CFR 270.80 (2002).
b) When an owner or operator needs a RAP.
1) Whenever an owner or operator treats, stores, or disposes of hazardous
remediation wastes in a manner that requires a RCRA permit under Section
703.121, an owner or operator must obtain either of the following:
A) A RCRA permit according to 35 Ill. Adm. Code 702 and this Part;
or
B) A RAP according to this Subpart H.
2) Treatment units that use combustion of hazardous remediation wastes at a
remediation waste management site are not eligible for RAPs under this
Subpart H.
3) An owner or operator may obtain a RAP for managing hazardous
remediation waste at an already permitted RCRA facility. An owner or
operator must have the RAP approved as a modification to the owner’s or
operator’s existing permit according to the requirements of Sections
703.270 through 703.273 or Sections 703.280 through 703.283 instead of
the requirements in this Subpart H. However, when an owner or operator
submits an application for such a modification, the information
requirements in Sections 703.281(a)(1), 703.282(a)(4), and 703.283(a)(4)
do not apply. Instead, an owner or operator must submit the information
required under Section 703.302(d). When the owner’s or operator’s RCRA
permit is modified, the RAP becomes part of the RCRA permit. Therefore,
when the owner’s or operator’s RCRA permit (including the RAP portion)
is modified, revoked and reissued, or terminated, or when it expires, the
permit will be modified, according to the applicable requirements in
Sections 703.270 through 703.273 or 703.280 through 703.283, it will be
revoked and reissued, according to the applicable requirements in 35 Ill.
Adm. Code 702.186 and Sections 703.270 through 703.273, or it will be
terminated, according to the applicable requirements in 35 Ill. Adm. Code
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
702.186, or the permit will expire, according to the applicable requirements
in 35 Ill. Adm. Code 702.125 and 702.161.
BOARD NOTE: Subsection (b) is derived from 40 CFR 270.85 (2002).
c) The provisions of 35 Ill. Adm. Code 702.181 apply to RAPs.
BOARD NOTE: Subsection (c) is derived from 40 CFR 270.90 (2002). The
corresponding federal provision includes an explanation that 40 CFR 270.4
provides that compliance with a permit constitutes compliance with RCRA. This is
contrary to Illinois law, under which compliance with a permit does not constitute
an absolute defense to a charge of violation of a substantive standard other than a
failure to operate in accordance with the terms of a permit. See 35 Ill. Adm. Code
702.181(a) and accompanying Board Note.
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.302 Applying for a RAP
a) Applying for a RAP. To apply for a RAP, an owner or operator must complete an
application, sign it, and submit it to the Agency according to the requirements in
this Subpart H.
BOARD NOTE: Subsection (a) is derived from 40 CFR 270.95 (2002).
b) The person who must obtain a RAP. When a facility or remediation waste
management site is owned by one person, but the treatment, storage, or disposal
activities are operated by another person, it is the operator’s duty to obtain a RAP,
except that the owner must also sign the RAP application.
BOARD NOTE: Subsection (b) is derived from 40 CFR 270.100 (2002).
c) The person who must sign the application and any required reports for a RAP.
Both the owner and the operator must sign the RAP application and any required
reports according to 35 Ill. Adm. Code 702.126(a), (b), and (c). In the application,
both the owner and the operator must also make the certification required under 35
Ill. Adm. Code 702.126(d)(1). However, the owner may choose the alternative
certification under 35 Ill. Adm. Code 702.126(d)(2) if the operator certifies under
35 Ill. Adm. Code 702.126(d)(1).
BOARD NOTE: Subsection (c) is derived from 40 CFR 270.105 (2002).
d) What an owner or operator must include in its application for a RAP. An owner or
operator must include the following information in its application for a RAP:
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1) The name, address, and USEPA identification number of the remediation
waste management site;
2) The name, address, and telephone number of the owner and operator;
3) The latitude and longitude of the site;
4) The United States Geological Survey (USGS) or county map showing the
location of the remediation waste management site;
5) A scaled drawing of the remediation waste management site showing the
following:
A) The remediation waste management site boundaries;
B) Any significant physical structures; and
C) The boundary of all areas on-site where remediation waste is to be
treated, stored, or disposed of;
6) A specification of the hazardous remediation waste to be treated, stored, or
disposed of at the facility or remediation waste management site. This must
include information on the following:
A) Constituent concentrations and
other properties of the hazardous
remediation wastes that may affect how such materials should be
treated or otherwise managed;
B) An estimate of the quantity of these wastes; and
C) A description of the processes an owner or operator will use to treat,
store, or dispose of this waste, including technologies, handling
systems, design, and operating parameters an owner or operator will
use to treat hazardous remediation wastes before disposing of them
according to the land disposal restrictions of 35 Ill. Adm. Code 728,
as applicable;
7) Enough information to demonstrate that operations that follow the
provisions in the owner’s or operator’s RAP application will ensure
compliance with applicable requirements of 35 Ill. Adm. Code 724, 726,
and 728;
8) Such information as may be necessary to enable the Agency to carry out its
duties under other federal laws as is required for traditional RCRA permits
under Section 703.183(t);
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
9) Any other information the Agency decides is necessary for demonstrating
compliance with this Subpart H or for determining any additional RAP
conditions that are necessary to protect human health and the environment.
BOARD NOTE: Subsection (d) is derived from 40 CFR 270.110 (2002).
e) If an owner or operator wants to keep this information confidential. 35 Ill. Adm.
Code 120 allows an owner or operator to claim as confidential any or all of the
information an owner or operator submits to the Agency under this Subpart H. An
owner or operator must assert any such claim at the time that the owner or operator
submits its RAP application or other submissions by stamping the words “trade
secret” in red ink, as provided in 35 Ill. Adm. Code 120.305. If an owner or
operator asserts a claim in compliance with 35 Ill. Adm. Code 120.201 at the time it
submits the information, the Agency must treat the information according to the
procedures in 35 Ill. Adm. Code 120. If an owner or operator does not assert a
claim at the time it submits the information, the Agency must make the information
available to the public without further notice to the owner or operator. The Agency
must deny any requests for confidentiality of an owner’s or operator’s name or
address.
BOARD NOTE: Subsection (e) is derived from 40 CFR 270.115 (2002).
f) To whom the owner or operator must submit its RAP application. An owner or
operator must submit its application for a RAP to the Agency for approval.
BOARD NOTE: Subsection (f) is derived from 40 CFR 270.120 (2002).
g) If an owner or operator submits its RAP application as part of another document,
what the owner or operator must do. If an owner or operator submits its application
for a RAP as a part of another document, an owner or operator must clearly identify
the components of that document that constitute its RAP application.
BOARD NOTE: Subsection (g) is derived from 40 CFR 270.125 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.303 Getting a RAP Approved
a) The process for approving or denying an application for a RAP.
1) If the Agency tentatively finds that an owner’s or operator’s RAP
application includes all of the information required by Section 703.302(d)
and that the proposed remediation waste management activities meet the
regulatory standards, the Agency must make a tentative decision to approve
the RAP application. The Agency must then prepare a draft RAP and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
provide an opportunity for public comment before making a final decision
on the RAP application, according to this Subpart H.
2) If the Agency tentatively finds that the owner’s or operator’s RAP
application does not include all of the information required by Section
703.302(d) or that the proposed remediation waste management activities
do not meet the regulatory standards, the Agency may request additional
information from an owner or operator or ask an owner or operator to
correct deficiencies in the owner’s or operator’s application. If an owner or
operator fails or refuses to provide any additional information the Agency
requests, or to correct any deficiencies in its RAP application, the Agency
may either make a tentative decision to deny that owner’s or operator’s
RAP application or to approve that application with certain changes, as
allowed under Section 39 of the Act [415 ILCS 5/39]. After making this
tentative decision, the Agency must prepare a notice of intent to deny the
RAP application (“notice of intent to deny”) or to approve that application
with certain changes and provide an opportunity for public comment before
making a final decision on the RAP application, according to the
requirements in this Subpart H.
BOARD NOTE: Subsection (a) is derived from 40 CFR 270.130 (2002).
b) What the Agency must include in a draft RAP. If the Agency prepares a draft RAP,
the draft must include the following information:
1) The information required under Section 703.302(d)(1) through (d)(6);
2) The following terms and conditions:
A) Terms and conditions necessary to ensure that the operating
requirements specified in the RAP comply with applicable
requirements of 35 Ill. Adm. Code 724, 726, and 728 (including any
recordkeeping and reporting requirements). In satisfying this
provision, the Agency may incorporate, expressly or by reference,
applicable requirements of 35 Ill. Adm. Code 724, 726, and 728 into
the RAP or establish site-specific conditions, as required or allowed
by 35 Ill. Adm. Code 724, 726, and 728;
B) The terms and conditions in Subpart F of this Part;
C) The terms and conditions for modifying, revoking and reissuing, and
terminating the RAP, as provided in Section 703.304(a); and
D) Any additional terms or conditions that the Agency determines are
necessary to protect human health and the environment, including
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
any terms and conditions necessary to respond to spills and leaks
during use of any units permitted under the RAP; and
3) If the draft RAP is part of another document, as described in Section
703.301(a)(4)(B), the Agency must clearly identify the components of that
document that constitute the draft RAP.
BOARD NOTE: Subsection (b) is derived from 40 CFR 270.135 (2002).
c) What else the Agency must prepare in addition to the draft RAP or notice of intent
to deny. Once the Agency has prepared the draft RAP or notice of intent to deny, it
must then do the following:
1) Prepare a statement of basis that briefly describes the derivation of the
conditions of the draft RAP and the reasons for them, or the rationale for the
notice of intent to deny;
2) Compile an administrative record, including the following information:
A) The RAP application, and any supporting data furnished by the
applicant;
B) The draft RAP or notice of intent to deny;
C) The statement of basis and all documents cited therein (material
readily available at the applicable Agency office or published
material that is generally available need not be physically included
with the rest of the record, as long as it is specifically referred to in
the statement of basis); and
D) Any other documents that support the decision to approve or deny
the RAP; and
3) Make information contained in the administrative record available for
review by the public upon request.
BOARD NOTE: Subsection (c) is derived from 40 CFR 270.140 (2002).
d) The procedures for public comment on the draft RAP or notice of intent to deny.
1) The Agency must publish notice of its intent as follows:
A) Send notice to an owner or operator of its intention to approve or
deny the owner’s or operator’s RAP application, and send an owner
or operator a copy of the statement of basis;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
B) Publish a notice of its intention to approve or deny the owner’s or
operator’s RAP application in a major local newspaper of general
circulation;
C) Broadcast its intention to approve or deny the owner’s or operator’s
RAP application over a local radio station; and
D) Send a notice of its intention to approve or deny the owner’s or
operator’s RAP application to each unit of local government having
jurisdiction over the area in which the owner’s or operator’s site is
located, and to each State agency having any authority under State
law with respect to any construction or operations at the site.
2) The notice required by subsection (d)(1) of this Section must provide an
opportunity for the public to submit written comments on the draft RAP or
notice of intent to deny within at least 45 days.
3) The notice required by subsection (d)(1) of this Section must include the
following information:
A) The name and address of the Agency office processing the RAP
application;
B) The name and address of the RAP applicant, and if different, the
remediation waste management site or activity the RAP will
regulate;
C) A brief description of the activity the RAP will regulate;
D) The name, address, and telephone number of a person from whom
interested persons may obtain further information, including copies
of the draft RAP or notice of intent to deny, statement of basis, and
the RAP application;
E) A brief description of the comment procedures in this Section, and
any other procedures by which the public may participate in the
RAP decision;
F) If a hearing is scheduled, the date, time, location, and purpose of the
hearing;
G) If a hearing is not scheduled, a statement of procedures to request a
hearing;
H) The location of the administrative record, and times when it will be
open for public inspection; and
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
I) Any additional information that the Agency considers necessary or
proper.
4) If, within the comment period, the Agency receives written notice of
opposition to its intention to approve or deny the owner’s or operator’s RAP
application and a request for a hearing, the Agency must hold an informal
public hearing to discuss issues relating to the approval or denial of the
owner’s or operator’s RAP application. The Agency may also determine on
its own initiative that an informal hearing is appropriate. The hearing must
include an opportunity for any person to present written or oral comments.
Whenever possible, the Agency must schedule this hearing at a location
convenient to the nearest population center to the remediation waste
management site and give notice according to the requirements in
subsection (d)(1) of this Section. This notice must, at a minimum, include
the information required by subsection (d)(3) of this Section and the
following additional information:
A) A reference to the date of any previous public notices relating to the
RAP application;
B) The date, time, and place of the hearing; and
C) A brief description of the nature and purpose of the hearing,
including the applicable rules and procedures.
BOARD NOTE: Subsection (d) is derived from 40 CFR 270.145 (2002).
e) How the Agency must make a final decision on a RAP application.
1) The Agency must consider and respond to any significant comments raised
during the public comment period or during any hearing on the draft RAP
or notice of intent to deny, and the Agency may revise the draft RAP based
on those comments, as appropriate.
2) If the Agency determines that the owner’s or operator’s RAP includes the
information and terms and conditions required in subsection (b) of this
Section, then it will issue a final decision approving the owner’s or
operator’s RAP and, in writing, notify the owner or operator and all
commenters on the owner’s or operator’s draft RAP that the RAP
application has been approved.
3) If the Agency determines that the owner’s or operator’s RAP does not
include the information required in subsection (b) of this Section, then it
will issue a final decision denying the RAP and, in writing, notify the owner
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
or operator and all commenters on the owner’s or operator’s draft RAP that
the RAP application has been denied.
4) If the Agency’s final decision is that the tentative decision to deny the RAP
application was incorrect, it must withdraw the notice of intent to deny and
proceed to prepare a draft RAP, according to the requirements in this
Subpart H.
5) When the Agency issues its final RAP decision, it must refer to the
procedures for appealing the decision under subsection (f) of this Section.
6) Before issuing the final RAP decision, the Agency must compile an
administrative record. Material readily available at the applicable Agency
office or published materials that are generally available and which are
included in the administrative record need not be physically included with
the rest of the record, as long as it is specifically referred to in the statement
of basis or the response to comments. The administrative record for the
final RAP must include information in the administrative record for the
draft RAP (see subsection (c)(2) of this Section) and the following items:
A) All comments received during the public comment period;
B) Tapes or transcripts of any hearings;
C) Any written materials submitted at these hearings;
D) The responses to comments;
E) Any new material placed in the record since the draft RAP was
issued;
F) Any other documents supporting the RAP; and
G) A copy of the final RAP.
7) The Agency must make information contained in the administrative record
available for review by the public upon request.
BOARD NOTE: Subsection (e) is derived from 40 CFR 270.150 (2002).
f) Administrative appeal of a decision to approve or deny a RAP application.
1) Any commenter on the draft RAP or notice of intent to deny, or any
participant in any public hearing on the draft RAP, may appeal the
Agency’s decision to approve or deny the owner’s or operator’s RAP
application to the Board under 35 Ill. Adm. Code 705.212. Any person that
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
did not file comments, or did not participate in any public hearings on the
draft RAP, may petition for administrative review only to the extent of the
changes from the draft to the final RAP decision. Appeals of RAPs may be
made to the same extent as for final permit decisions under 35 Ill. Adm.
Code 705.201 (or a decision under Section 703.240 to deny a permit for the
active life of a RCRA hazardous waste management facility or unit). Instead
of the notice required under Subpart D of 35 Ill. Adm. Code 705 and
705.212(c), the Agency must give public notice of any grant of review of a
RAP through the same means used to provide notice under subsection (d) of
this Section. The notice will include the following information:
A) The public hearing and any briefing schedule for the appeal, as
provided by the Board;
B) A statement that any interested person may participate in the public
hearing or file public comments or an amicus brief with the Board;
and
C) The information specified in subsection (d)(3) of this Section, as
appropriate.
2) This appeal is a prerequisite to seeking judicial review of these Agency
actions.
BOARD NOTE: Subsection (f) is derived from 40 CFR 270.155 (2002).
g) When a RAP becomes effective. A RAP becomes effective 35 days after the
Agency notifies the owner or operator and all commenters that the RAP is
approved, unless any of the following is true:
1) The Agency specifies a later effective date in its decision;
2) An owner or operator or another person has appealed the RAP under
subsection (f) of this Section (if the RAP is appealed, and the request for
review is granted under subsection (f), conditions of the RAP are stayed
according to 35 Ill. Adm. Code 705.202 through 705.204); or
3) No commenters requested a change in the draft RAP, in which case the
RAP becomes effective immediately when it is issued.
BOARD NOTE: Subsection (g) is derived from 40 CFR 270.160 (2002). The
corresponding federal provision provides that a RAP is effective 30 days after the
Agency notice of approval. The Board has used 35 days to be consistent with the
35 days within which a permit appeal must be filed under Section 40(a)(1) of the
Act [415 ILCS 5/40(a)(1)].
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
h) When an owner or operator may begin physical construction of new units permitted
under the RAP. An owner or operator must not begin physical construction of new
units permitted under the RAP for treating, storing, or disposing of hazardous
remediation waste before receiving a final, effective RAP.
BOARD NOTE: Subsection (h) is derived from 40 CFR 270.165 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.304 How a RAP May Be Modified, Revoked and Reissued, or Terminated
a) After a RAP is issued, how it may be modified, revoked and reissued, or
terminated. In a RAP, the Agency must specify, either directly or by reference,
procedures for any future modification, revocation and reissuance, or termination of
the RAP. These procedures must provide adequate opportunities for public review
and comment on any modification, revocation and reissuance, or termination that
would significantly change the owner’s or operator’s management of its
remediation waste, or that otherwise merits public review and comment. If the
RAP has been incorporated into a traditional RCRA permit, as allowed under
Section 703.301(b)(3), then the RAP will be modified according to the applicable
requirements in Sections 703.260 through 703.283, revoked and reissued according
to the applicable requirements in 35 Ill. Adm. Code 702.186 and Sections 703.270
through 703.273, or terminated according to the applicable requirements of 35 Ill.
Adm. Code 702.186.
BOARD NOTE: Subsection (a) is derived from 40 CFR 270.170 (2002).
b) Reasons for which the Agency may choose to modify a final RAP.
1) The Agency may modify the owner’s or operator’s final RAP on its own
initiative only if one or more of the following reasons listed in this Section
exist. If one or more of these reasons do not exist, then the Agency must
not modify a final RAP, except at the request of the owner or operator.
Reasons for modification are the following:
A) The owner or operator made material and substantial alterations or
additions to the activity that justify applying different conditions;
B) The Agency finds new information that was not available at the time
of RAP issuance and would have justified applying different RAP
conditions at the time of issuance;
C) The standards or regulations on which the RAP was based have
changed because of new or amended statutes, standards, or
regulations or by judicial decision after the RAP was issued;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
D) If the RAP includes any schedules of compliance, the Agency may
find reasons to modify the owner’s or operator’s compliance
schedule, such as an act of God, strike, flood, or materials shortage
or other events over which an owner or operator has little or no
control and for which there is no reasonably available remedy;
E) The owner or operator is not in compliance with conditions of its
RAP;
F) The owner or operator failed in the application or during the RAP
issuance process to disclose fully all relevant facts, or an owner or
operator misrepresented any relevant facts at the time;
G) The Agency has determined that the activity authorized by the
owner’s or operator’s RAP endangers human health or the
environment and can only be remedied by modifying the RAP; or
H) The owner or operator has notified the Agency (as required in the
RAP and under 35 Ill. Adm. Code 702.152(c)) of a proposed
transfer of a RAP.
2) Notwithstanding any other provision in this Section, when the Agency
reviews a RAP for a land disposal facility under Section 703.304(f), it may
modify the permit as necessary to assure that the facility continues to
comply with the currently applicable requirements in 35 Ill. Adm. Code
702, 703, 705, and 720 through 726.
3) The Agency must not reevaluate the suitability of the facility location at the
time of RAP modification unless new information or standards indicate that
a threat to human health or the environment exists that was unknown when
the RAP was issued.
BOARD NOTE: Subsection (b) is derived from 40 CFR 270.175 (2002).
c) Reasons for which the Agency may choose to revoke and reissue a final RAP.
1) The Agency may revoke and reissue a final RAP on its own initiative only
if one or more reasons for revocation and reissuance exist. If one or more
reasons do not exist, then the Agency must not modify or revoke and reissue
a final RAP, except at the owner’s or operator’s request. Reasons for
modification or revocation and reissuance are the same as the reasons listed
for RAP modifications in subsections (b)(1)(E) through (b)(1)(H) of this
Section if the Agency determines that revocation and reissuance of the RAP
is appropriate.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
2) The Agency must not reevaluate the suitability of the facility location at the
time of RAP revocation and reissuance, unless new information or
standards indicate that a threat to human health or the environment exists
that was unknown when the RAP was issued.
BOARD NOTE: Subsection (c) is derived from 40 CFR 270.180 (2002).
d) Reasons for which the Agency may choose to terminate a final RAP, or deny a
renewal application. The Agency may terminate a final RAP on its own initiative
or deny a renewal application for the same reasons as those listed for RAP
modifications in subsections (b)(1)(E) through (b)(1)(G) of this Section if the
Agency determines that termination of the RAP or denial of the RAP renewal
application is appropriate.
BOARD NOTE: Subsection (d) is derived from 40 CFR 270.185 (2002).
e) Administrative appeal of an Agency decision to approve or deny a modification,
reissuance, or termination of a RAP.
1) Any commenter on the modification, reissuance, or termination, or any
person that participated in any hearing on these actions, may appeal the
Agency’s decision to approve a modification, reissuance, or termination of a
RAP, according to Section 703.303(f). Any person that did not file
comments or did not participate in any public hearing on the modification,
reissuance, or termination may petition for administrative review only of the
changes from the draft to the final RAP decision.
2) Any commenter on the modification, reissuance, or termination, or any
person that participated in any hearing on these actions, may appeal the
Agency’s decision to deny a request for modification, reissuance, or
termination to the Board. Any person that did not file comments or who did
not participate in any public hearing on the modification, reissuance, or
termination may petition for administrative review only of the changes from
the draft to the final RAP decision.
3) The procedure for appeals of RAPs is as follows:
A) The person appealing the decision must send a petition to the Board
pursuant to 35 Ill. Adm. Code 101 and 105. The petition must
briefly set forth the relevant facts, state the defect or fault that serves
as the basis for the appeal, and explain the basis for the petitioner’s
legal standing to pursue the appeal.
B) The Board has 120 days after receiving the petition to act on it.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
C) If the Board does not take action on the petition within 120 days
after receiving it, the appeal must be considered denied.
BOARD NOTE: Corresponding 40 CFR 270.190(c)(2) and (c)(3)
(2002) allow 60 days for administrative review, which is too short a
time for the Board to publish the appropriate notices, conduct public
hearings, and conduct its review. Rather, the Board has borrowed
the 120 days allowed as adequate time for Board review of permit
appeals provided in Section 40(a)(2) of the Act [415 ILCS
5/40(a)(2)].
4) This appeal is a prerequisite to seeking judicial review of the Agency action
on the RAP.
BOARD NOTE: Subsection (e) is derived from 40 CFR 270.190 (2002). The
corresponding federal provisions provide for informal appeal of an Agency RAP
decision. There is no comparable informal procedure under Sections 39 and 40 of
the Act [415 ILCS 5/39 and 40].
f) Expiration of a RAP. RAPs must be issued for a fixed term, not to exceed ten
years, although they may be renewed upon approval by the Agency in fixed
increments of no more than ten years. In addition, the Agency must review any
RAP for hazardous waste land disposal five years after the date of issuance or
reissuance and the owner or operator or the Agency must follow the requirements
for modifying the RAP as necessary to assure that the owner or operator continues
to comply with currently applicable requirements in the Act and federal RCRA
sections 3004 and 3005 (42 USC 6904 and 6905).
BOARD NOTE: Subsection (f) is derived from 40 CFR 270.195 (2002).
g) How an owner or operator may renew a RAP that is expiring. If an owner or
operator wishes to renew an expiring RAP, the owner or operator must follow the
process for application for and issuance of RAPs in this Subpart H.
BOARD NOTE: Subsection (g) is derived from 40 CFR 270.200 (2002).
h) What happens if the owner or operator has applied correctly for a RAP renewal but
has not received approval by the time its old RAP expires. If the owner or operator
has submitted a timely and complete application for a RAP renewal, but the
Agency, through no fault of the owner or operator, has not issued a new RAP with
an effective date on or before the expiration date of the previous RAP, the previous
RAP conditions continue in force until the effective date of the new RAP or RAP
denial.
BOARD NOTE: Subsection (h) is derived from 40 CFR 270.205 (2002).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.305 Operating Under a RAP
a) The records an owner or operator must maintain concerning its RAP. An owner or
operator is required to keep records of the following:
1) All data used to complete RAP applications and any supplemental
information that an owner or operator submits for a period of at least three
years from the date the application is signed; and
2) Any operating or other records the Agency requires an owner or operator to
maintain as a condition of the RAP.
BOARD NOTE: Subsection (a) is derived from 40 CFR 270.210 (2002).
b) How time periods in the requirements in Subpart H of this Part and the RAP are
computed.
1) Any time period scheduled to begin on the occurrence of an act or event
must begin on the day after the act or event. (For example, if a RAP
specifies that the owner or operator must close a staging pile within 180
days after the operating term for that staging pile expires, and the operating
term expires on June 1, then June 2 counts as day one of the 180 days, and
the owner or operator would have to complete closure by November 28.)
2) Any time period scheduled to begin before the occurrence of an act or event
must be computed so that the period ends on the day before the act or event.
(For example, if an owner or operator is transferring ownership or
operational control of its site, and the owner or operator wishes to transfer
its RAP, the new owner or operator must submit a revised RAP application
no later than 90 days before the scheduled change. Therefore, if an owner
or operator plans to change ownership on January 1, the new owner or
operator must submit the revised RAP application no later than October 3,
so that the 90th day would be December 31.)
3) If the final day of any time period falls on a weekend or legal holiday, the
time period must be extended to the next working day. (For example, if an
owner or operator wishes to appeal the Agency’s decision to modify its
RAP, then an owner or operator must petition the Board within 35 days
after the Agency has issued the final RAP decision. If the 35th day falls on
Sunday, then the owner or operator may submit its appeal by the Monday
after. If the 35th day falls on July 4th, then the owner or operator may
submit its appeal by July 5th.)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
4) Whenever a party or interested person has the right to or is required to act
within a prescribed period after the service of notice or other paper upon
him by mail, four days may not be added to the prescribed term. (For
example, if an owner or operator wishes to appeal the Agency’s decision to
modify its RAP, then the owner or operator must petition the Board within
35 days after the Agency has issued the final RAP decision.)
BOARD NOTE: Subsection (b) is derived from 40 CFR 270.215 (2002). Federal
subsections (c) and (d) provide that a RAP is effective 30 days after the Agency
notice of approval. The Board has used 35 days to be consistent with the 35 days
within which a permit appeal must be filed under Section 40(a)(1) of the Act [415
ILCS 5/40(a)(1)]. Further, federal subsection (d) provides three days for
completion of service by mail. The addition of four days (see procedural rule 35 Ill.
Adm. Code 101.144(c)) to be consistent with 40 CFR 270.215(d) would exceed the
35 days allowed under Section 40(a)(1) of the Act [415 ILCS 5/40(a)(1)].
c) How an owner or operator may transfer its RAP to a new owner or operator.
1) If an owner or operator wishes to transfer its RAP to a new owner or
operator, the owner or operator must follow the requirements specified in its
RAP for RAP modification to identify the new owner or operator, and
incorporate any other necessary requirements. These modifications do not
constitute “significant” modifications for purposes of Section 703.304(a).
The new owner or operator must submit a revised RAP application no later
than 90 days before the scheduled change along with a written agreement
containing a specific date for transfer of RAP responsibility between the
owner or operator and the new permittees.
2) When a transfer of ownership or operational control occurs, the old owner
or operator must comply with the applicable requirements in Subpart H of
35 Ill. Adm. Code 724 (Financial Requirements) until the new owner or
operator has demonstrated that it is complying with the requirements in that
Subpart. The new owner or operator must demonstrate compliance with
Subpart H of 35 Ill. Adm. Code 724 within six months after the date of the
change in ownership or operational control of the facility or remediation
waste management site. When the new owner or operator demonstrates
compliance with Subpart H of 35 Ill. Adm. Code 724 to the Agency, the
Agency must notify the former owner or operator that it no longer needs to
comply with Subpart H of 35 Ill. Adm. Code 724 as of the date of
demonstration.
BOARD NOTE: Subsection (c) is derived from 40 CFR 270.220 (2002).
d) What the Agency must report about noncompliance with RAPs. The Agency must
report noncompliance with RAPs according to the provisions of 40 CFR 270.5,
incorporated by reference in 35 Ill. Adm. Code 720.111.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
BOARD NOTE: Subsection (d) is derived from 40 CFR 270.225 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
Section 703.306 Obtaining a RAP for an Off-Site Location
An owner or operator may perform remediation waste management activities under a RAP at a
location removed from the area where the remediation wastes originated.
a) An owner or operator may request a RAP for remediation waste management
activities at a location removed from the area where the remediation wastes
originated if the owner or operator believes such a location would be more
protective than the contaminated area or areas in close proximity.
b) If the Agency determines that an alternative location, removed from the area where
the remediation waste originated, is more protective than managing remediation
waste at the area of contamination or areas in close proximity, then the Agency
must approve a RAP for this alternative location.
c) An owner or operator must request the RAP, and the Agency must approve or deny
the RAP, according to the procedures and requirements in this Subpart H.
d) A RAP for an alternative location must also meet the following requirements,
which the Agency must include in the RAP for such locations:
1) The RAP for the alternative location must be issued to the person
responsible for the cleanup from which the remediation wastes originated;
2) The RAP is subject to the expanded public participation requirements in
Sections 703.191, 703.192, and 703.193;
3) The RAP is subject to the public notice requirements in 35 Ill. Adm. Code
705.163;
4) The site permitted in the RAP may not be located within 61 meters or 200
feet of a fault that has had displacement in the Holocene time. (The owner
or operator must demonstrate compliance with this standard through the
requirements in Section 703.183(k).) (See the definitions of terms in 35 Ill.
Adm. Code 724.118(a).)
BOARD NOTE: Sites in Illinois are assumed to be in compliance with the
requirement of subsection (d)(4) of this Section, since they are not listed in
40 CFR 264, Appendix VI.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
e) These alternative locations are remediation waste management sites, and retain the
following benefits of remediation waste management sites:
1) Exclusion from facility-wide corrective action under 35 Ill. Adm. Code
724.201; and
2) Application of 35 Ill. Adm. Code 724.101(j) in lieu of Subparts B, C, and D
of 35 Ill. Adm. Code 724.
BOARD NOTE: Derived from 40 CFR 270.230 (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
SUBPART I: INTEGRATION WITH MAXIMUM ACHIEVABLE
CONTROL TECHNOLOGY (MACT) STANDARDS
Section 703.320 Options for Incinerators and Cement and Lightweight Aggregate
Kilns to Minimize Emissions from Startup, Shutdown, and
Malfunction Events
a) Facilities with existing permits.
1) Revisions to permit conditions after documenting compliance with
MACT. The owner or operator of a RCRA-permitted incinerator, cement
kiln, or lightweight aggregate kiln, when requesting removal of permit
conditions that are no longer applicable according to 35 Ill. Adm. Code
724.440(b) and 726.200(b), may request that the Agency address permit
conditions that minimize emissions from startup, shutdown, and
malfunction events under any of the following options:
A) Retain relevant permit conditions. Under this option, the Agency
must do the following:
i) Retain permit conditions that address releases during
startup, shutdown, and malfunction events, including
releases from emergency safety vents, as these events are
defined in the facility’s startup, shutdown, and malfunction
plan required under 40 CFR 63.1206(c)(2), incorporated by
reference in 35 Ill. Adm. Code 720.111; and
ii) Limit applicability of those permit conditions only to when
the facility is operating under its startup, shutdown, and
malfunction plan.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
B) Revise relevant permit conditions. Under this option, the Agency
must do the following:
i) Identify a subset of relevant existing permit requirements,
or develop alternative permit requirements, that ensure
emissions of toxic compounds are minimized from startup,
shutdown, and malfunction events, including releases from
emergency safety vents, based on review of information
including the source’s startup, shutdown, and malfunction
plan, design, and operating history; and
ii) Retain or add these permit requirements to the permit to
apply only when the facility is operating under its startup,
shutdown, and malfunction plan.
iii) The owner or operator must comply with subsection (a)(3)
of this Section.
BOARD NOTE: The Board found it necessary to deviate from the
structure of corresponding 40 CFR 270.235(a)(1)(ii) in this
subsection (a)(1)(B) in order to comport with Illinois
Adminisrative Code codification requirements. The substance of
40 CFR 270.235(a)(1)(ii)(A), (a)(1)(ii)(A)(
1
), and (a)(1)(ii)(A)(
2
)
appear as subsections (a)(1)(B), (a)(1)(B)(i), and (a)(1)(B)(ii). The
substance of 40 CFR 270.235(a)(1)(ii)(B) has been codified as
subsection (a)(3) of this Section. Subsection (a)(1)(B)(iii) of this
Section was added to direct attention to subsection (a)(3).
C) Remove permit conditions. Under this option the following are
required:
i) The owner or operator must document that the startup,
shutdown, and malfunction plan required under 40 CFR
63.1206(c)(2), incorporated by reference in 35 Ill. Adm.
Code 720.111, has been approved by the Administrator
under 40 CFR 63.1206(c)(2)(ii)(B), incorporated by
reference in 35 Ill. Adm. Code 720.111; and
ii) The Agency must remove permit conditions that are no
longer applicable according to 35 Ill. Adm. Code
724.440(b) and 726.200(b).
2) Addressing permit conditions upon permit reissuance. The owner or
operator of an incinerator, cement kiln, or lightweight aggregate kiln that
has conducted a comprehensive performance test and submitted to the
Agency a Notification of Compliance documenting compliance with the
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
standards of 40 CFR 63, subpart EEE, incorporated by reference in 35 Ill.
Adm. Code 720.111§, may request in the application to reissue the permit
for the combustion unit that the Agency control emissions from startup,
shutdown, and malfunction events under any of the following options:
A) RCRA option A. Under this option, the Agency must do the
following:
i) Include, in the permit, conditions that ensure compliance
with 35 Ill. Adm. Code 724.445(a) and (c) or 726.202(e)(1)
and (e)(2)(C) to minimize emissions of toxic compounds
from startup, shutdown, and malfunction events, including
releases from emergency safety vents; and
ii) Specify that these permit requirements apply only when the
facility is operating under its startup, shutdown, and
malfunction plan; or
BOARD NOTE: The Board found it necessary to deviate from the
structure of corresponding 40 CFR 270.235(a)(2)(i) in this
subsection (a)(2)(A) in order to comport with Illinois
Adminisrative Code codification requirements. The substance of
40 CFR 270.235(a)(2)(i)(A), (a)(2)(i)(A)(
1
), and (a)(2)(i)(A)(
2
)
appear as subsections (a)(2)(A), (a)(2)(A)(i), and (a)(2)(A)(ii).
B) RCRA option B. Under this option, the Agency must:
i) Include, in the permit, conditions that ensure emissions of
toxic compounds are minimized from startup, shutdown,
and malfunction events, including releases from emergency
safety vents, based on review of information including the
source’s startup, shutdown, and malfunction plan, design,
and operating history; and
ii) Specify that these permit requirements apply only when the
facility is operating under its startup, shutdown, and
malfunction plan.
iii) The owner or operator must comply with subsection (a)(3)
of this Section.
BOARD NOTE: The Board found it necessary to deviate from the
structure of corresponding 40 CFR 270.235(a)(2)(ii) in this
subsection (a)(2)(B) in order to comport with Illinois
Adminisrative Code codification requirements. The substance of
40 CFR 270.235(a)(2)(ii)(A), (a)(2)(ii)(A)(
1
), and (a)(2)(ii)(A)(
2
)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
appear as subsections (a)(2)(B), (a)(2)(B)(i), and (a)(2)(B)(ii). The
substance of 40 CFR 270.235(a)(2)(ii)(B) has been codified as
subsection (a)(3) of this Section. Subsection (a)(2)(B)(iii) of this
Section was added to direct attention to subsection (a)(3).
C) CAA option. Under this option the following are required:
i) The owner or operator must document that the startup,
shutdown, and malfunction plan required under 40 CFR
63.1206(c)(2), incorporated by reference in 35 Ill. Adm.
Code 720.111, has been approved by the Agency under 40
CFR 63.1206(c)(2)(ii)(B), incorporated by reference in 35
Ill. Adm. Code 720.111; and
ii) The Agency must omit from the permit conditions that are
not applicable under 35 Ill. Adm. Code 724.440(b) and
726.200(b).
3) Changes that may significantly increase emissions.
A) The owner or operator must notify the Agency in writing of
changes to the startup, shutdown, and malfunction plan or changes
to the design of the source that may significantly increase
emissions of toxic compounds from startup, shutdown, or
malfunction events, including releases from emergency safety
vents. The owner or operator must notify the Agency of such
changes within five days of making such changes. The owner or
operator must identify in the notification recommended revisions
to permit conditions necessary as a result of the changes to ensure
that emissions of toxic compounds are minimized during these
events.
B) The Agency may revise permit conditions as a result of these
changes to ensure that emissions of toxic compounds are
minimized during startup, shutdown, or malfunction events,
including releases from emergency safety vents in either of the
following ways:
i) Upon permit renewal; or;
ii) If warranted, by modifying the permit under §§ 270.41(a)
or 270.42.
BOARD NOTE: The substance of 40 CFR 270.235(a)(1)(ii)(B) and (a)(2)(ii)(B)
has been codified as this subsection (a)(3).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
b) Interim status facilities.
1) Interim status operations. In compliance with 35 Ill. Adm. Code 725.440
and 726.200(b), the owner or operator of an incinerator, cement kiln, or
lightweight aggregate kiln that is operating under the interim status
standards of 35 Ill. Adm. Code 725 or 726 may control emissions of toxic
compounds during startup, shutdown, and malfunction events under either
of the following options after conducting a comprehensive performance
test and submitting to the Agency a Notification of Compliance
documenting compliance with the standards of 40 CFR 63, subpart EEE,
incorporated by reference in 35 Ill. Adm. Code 720.111:
A) RCRA option. Under this option, the owner or operator must
continue to comply with the interim status emission standards and
operating requirements of 35 Ill. Adm. Code 725 or 726 relevant to
control of emissions from startup, shutdown, and malfunction
events. Those standards and requirements apply only during
startup, shutdown, and malfunction events; or
B) CAA option. Under this option, the owner or operator is exempt
from the interim status standards of 35 Ill. Adm. Code 725 or 726
relevant to control of emissions of toxic compounds during startup,
shutdown, and malfunction events upon submission of written
notification and documentation to the Agency that the startup,
shutdown, and malfunction plan required under 40 CFR
63.1206(c)(2), incorporated by reference in 35 Ill. Adm. Code
720.111, has been approved by the Agency under 40 CFR
63.1206(c)(2)(ii)(B), incorporated by reference in 35 Ill. Adm.
Code 720.111.
2) Operations under a subsequent RCRA permit. When an owner or operator
of an incinerator, cement kiln, or lightweight aggregate kiln that is
operating under the interim status standards of 35 Ill. Adm. Code 725 or
726 submits a RCRA permit application, the owner or operator may
request that the Agency control emissions from startup, shutdown, and
malfunction events under any of the options provided by subsection
(a)(2)(A), (a)(2)(B), or (a)(2)(C) of this Section.
BOARD NOTE: Derived from 40 CFR 270.235 (2002). Operating conditions used to determine
effective treatment of hazardous waste remain effective after the owner or operator demonstrates
compliance with the standards of 40 CFR 63, subpart EEE.
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Section 703.Appendix A Classification of Permit Modifications
Class Modifications
A. General Permit Provisions
1 1. Administrative and informational changes.
1 2. Correction of typographical errors.
1 3. Equipment replacement or upgrading with functionally equivalent
components (e.g., pipes, valves, pumps, conveyors, controls).
4. Changes in the frequency of or procedures for monitoring, reporting,
sampling, or maintenance activities by the permittee:
1 a. To provide for more frequent monitoring, reporting, or
maintenance.
2 b. Other changes.
5. Schedule of compliance:
1* a. Changes in interim compliance dates, with prior approval of the
Agency.
3 b. Extension of final compliance date.
1* 6. Changes in expiration date of permit to allow earlier permit termination,
with prior approval of the Agency.
1* 7. Changes in ownership or operational control of a facility, provided the
procedures of Section 703.260(b) are followed.
1* 8. Changes to remove permit conditions that are no longer applicable (i.e.,
because the standards upon which they are based are no longer
applicable to the facility).
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
1 a. To conform with Agency guidance or Board regulations.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
1* b. To incorporate changes associated with F039 (multi-source
leachate) sampling or analysis methods.
1* c. To incorporate changes associated with underlying hazardous
constituents in ignitable or corrosive wastes.
2 d. Other changes.
2. Changes to analytical quality assurance or quality control plan:
1 a. To conform with agency guidance or regulations.
2 b. Other changes.
1 3. Changes in procedures for maintaining the operating record.
2 4. Changes in frequency or content of inspection schedules.
5. Changes in the training plan:
2 a. That affect the type or decrease the amount of training given to
employees.
1 b. Other changes.
6. Contingency plan:
2 a. Changes in emergency procedures (i.e., spill or release response
procedures).
1 b. Replacement with functionally equivalent equipment, upgrade,
or relocate emergency equipment listed.
2 c. Removal of equipment from emergency equipment list.
1 d. Changes in name, address, or phone number of coordinators or
other persons or agencies identified in the plan.
Note: When a permit modification (such as introduction of a new unit)
requires a change in facility plans or other general facility standards,
that change must be reviewed under the same procedures as the permit
modification.
7. CQA plan:
1 a. Changes that the CQA officer certifies in the operating record
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
will provide equivalent or better certainty that the unit
components meet the design specifications.
2 b. Other changes.
Note: When a permit modification (such as introduction of a new unit)
requires a change in facility plans or other general facility standards,
that change must be reviewed under the same procedures as a permit
modification.
C. Groundwater Protection
1. Changes to wells:
2 a. Changes in the number, location, depth, or design of upgradient
or downgradient wells of permitted groundwater monitoring
system.
1 b. Replacement of an existing well that has been damaged or
rendered inoperable, without change to location, design, or
depth of the well.
1* 2. Changes in groundwater sampling or analysis procedures or monitoring
schedule, with prior approval of the Agency.
1* 3. Changes in statistical procedure for determining whether a statistically
significant change in groundwater quality between upgradient and
downgradient wells has occurred, with prior approval of the Agency.
2* 4. Changes in point of compliance.
5. Changes in indicator parameters, hazardous constituents, or
concentration limits (including ACLs (Alternate Concentration
Limits)):
3 a. As specified in the groundwater protection standard.
2 b. As specified in the detection monitoring program.
2 6. Changes to a detection monitoring program as required by 35 Ill. Adm.
Code 724.198(j), unless otherwise specified in this Appendix.
7. Compliance monitoring program:
3 a. Addition of compliance monitoring program as required by 35
Ill. Adm. Code 724.198(h)(4) and 724.199.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
2 b. Changes to a compliance monitoring program as required by 35
Ill. Adm. Code 724.199(k), unless otherwise specified in this
Appendix.
8. Corrective action program:
3 a. Addition of a corrective action program as required by 35 Ill.
Adm. Code 724.199(i)(2) and 724.200.
2 b. Changes to a corrective action program as required by 35 Ill.
Adm. Code 724.200(h), unless otherwise specified in this
Appendix.
D. Closure
1. Changes to the closure plan:
1* a. Changes in estimate of maximum extent of operations or
maximum inventory of waste on-site at any time during the
active life of the facility, with prior approval of the Agency.
1* b. Changes in the closure schedule for any unit, changes in the
final closure schedule for the facility or extension of the closure
period, with prior approval of the Agency.
1* c. Changes in the expected year of final closure, where other
permit conditions are not changed, with prior approval of the
Agency.
1* d. Changes in procedures for decontamination of facility
equipment or structures, with prior approval of the Agency.
2 e. Changes in approved closure plan resulting from unexpected
events occurring during partial or final closure, unless otherwise
specified in this Appendix.
2 f. Extension of the closure period to allow a landfill, surface
impoundment, or land treatment unit to receive non-hazardous
wastes after final receipt of hazardous wastes under 35 Ill. Adm.
Code 724.213(d) or (e).
3 2. Creation of a new landfill unit as part of closure.
3. Addition of the following new units to be used temporarily for closure
activities:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3 a. Surface impoundments.
3 b. Incinerators.
3 c. Waste piles that do not comply with 35 Ill. Adm. Code
724.350(c).
2 d. Waste piles that comply with 35 Ill. Adm. Code 724.350(c).
2 e. Tanks or containers (other than specified in paragraph D(3)(f)
below).
1* f. Tanks used for neutralization, dewatering, phase separation, or
component separation, with prior approval of the Agency.
2 g. Staging piles.
E. Post-Closure
1 1. Changes in name, address, or phone number of contact in post-closure
plan.
2 2. Extension of post-closure care period.
3 3. Reduction in the post-closure care period.
1 4. Changes to the expected year of final closure, where other permit
conditions are not changed.
2 5. Changes in post-closure plan necessitated by events occurring during
the active life of the facility, including partial and final closure.
F. Containers
1. Modification or addition of container units:
3 a. Resulting in greater than 25 percent increase in the facility’s
container storage capacity, except as provided in F(1)(c) and
F(4)(a).
2 b. Resulting in up to 25 percent increase in the facility’s container
storage capacity, except as provided in F(1)(c) and F(4)(a).
1 c. Modification or addition of container units or treatment
processes necessary to treat wastes that are restricted from land
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
disposal to meet some or all of the applicable treatment
standards, with prior approval of the Agency. This modification
may also involve the addition of new waste codes or narrative
description of wastes. It is not applicable to dioxin-containing
wastes (F020, F021, F022, F023, F026, F027, and F028).
2. Modification of container units without an increased capacity or
alteration of the system:
2 a. Modification of a container unit without increasing the capacity
of the unit.
1 b. Addition of a roof to a container unit without alteration of the
containment system.
3. Storage of different wastes in containers, except as provided in F(4):
3 a. That require additional or different management practices from
those authorized in the permit.
2 b. That do not require additional or different management practices
from those authorized in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
4. Storage or treatment of different wastes in containers:
2 a. That require addition of units or change in treatment process or
management standards, provided that the wastes are restricted
from land disposal and are to be treated to meet some or all of
the applicable treatment standards. It is not applicable to
dioxin-containing wastes (F020, F021, F022, F023, F026, F027,
and F028).
1* b. That do not require the addition of units or a change in the
treatment process or management standards, and provided that
the units have previously received wastes of the same type (e.g.,
incinerator scrubber water). This modification is not applicable
to dioxin-containing wastes (F020, F021, F022, F023, F026,
F027, and F028).
G. Tanks
1.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3 a. Modification or addition of tank units resulting in greater than
25 percent increase in the facility’s tank capacity, except as
provided in paragraphs G(1)(c), G(1)(d), and G(1)(e).
2 b. Modification or addition of tank units resulting in up to 25
percent increase in the facility’s tank capacity, except as
provided in paragraphs G(1)(d) and G(1)(e).
2 c. Addition of a new tank that will operate for more than 90 days
using any of the following physical or chemical treatment
technologies: neutralization, dewatering, phase separation, or
component separation.
1* d. After prior approval of the Agency, addition of a new tank that
will operate for up to 90 days using any of the following
physical or chemical treatment technologies: neutralization,
dewatering, phase separation, or component separation.
1* e. Modification or addition of tank units or treatment processes
that are necessary to treat wastes that are restricted from land
disposal to meet some or all of the applicable treatment
standards, with prior approval of the Agency. This modification
may also involve the addition of new waste codes. It is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
2 2. Modification of a tank unit or secondary containment system without
increasing the capacity of the unit.
1 3. Replacement of a tank with a tank that meets the same design standards
and has a capacity within
±
10 percent of the replaced tank provided:
a. The capacity difference is no more than 1500 gallons,
b. The facility’s permitted tank capacity is not increased, and
c. The replacement tank meets the same conditions in the permit.
2 4. Modification of a tank management practice.
5. Management of different wastes in tanks:
3 a. That require additional or different management practices, tank
design, different fire protection specifications or significantly
different tank treatment process from that authorized in the
permit, except as provided in paragraph G(5)(c).
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
2 b. That do not require additional or different management practices
or tank design, different fire protection specification, or
significantly different tank treatment process than authorized in
the permit, except as provided in paragraph G(5)(d).
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1* c. That require addition of units or change in treatment processes
or management standards, provided that the wastes are restricted
from land disposal and are to be treated to meet some or all of
the applicable treatment standards. The modification is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
1 d. That do not require the addition of units or a change in the
treatment process or management standards, and provided that
the units have previously received wastes of the same type (e.g.,
incinerator scrubber water). This modification is not applicable
to dioxin-containing wastes (F020, F021, F022, F023, F026,
F027, and F028).
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
H. Surface Impoundments
3 1. Modification or addition of surface impoundment units that result in
increasing the facility’s surface impoundment storage or treatment
capacity.
3 2. Replacement of a surface impoundment unit.
2 3. Modification of a surface impoundment unit without increasing the
facility’s surface impoundment storage or treatment capacity and
without modifying the unit’s liner, leak detection system, or leachate
collection system.
2 4. Modification of a surface impoundment management practice.
5. Treatment, storage, or disposal of different wastes in surface
impoundments:
3 a. That require additional or different management practices or
different design of the liner or leak detection system than
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
authorized in the permit.
2 b. That do not require additional or different management practices
or different design of the liner or leak detection system than
authorized in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1 c. That are wastes restricted from land disposal that meet the
applicable treatment standards. This modification is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
1 d. That are residues from wastewater treatment or incineration,
provided the disposal occurs in a unit that meets the minimum
technological requirements stated in 40 CFR 268.5(h)(2),
incorporated by reference in 35 Ill. Adm. Code 728.105, and
provided further that the surface impoundment has previously
received wastes of the same type (for example, incinerator
scrubber water). This modification is not applicable to dioxin-
containing wastes (F020, F021, F022, F023, F026, F027, and
F028).
1* 6. Modifications of unconstructed units to comply with 35 Ill. Adm. Code
724.321(c), 724.322, 724.323, and 724.326(d).
7. Changes in response action plan:
3 a. Increase in action leakage rate.
3 b. Change in a specific response reducing its frequency or
effectiveness.
2 c. Other changes.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
I. Enclosed Waste Piles. For all waste piles, except those complying with 35 Ill.
Adm. Code 724.350(c), modifications are treated the same as for a landfill.
The following modifications are applicable only to waste piles complying with
35 Ill. Adm. Code 724.350(c).
1. Modification or addition of waste pile units:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3 a. Resulting in greater than 25 percent increase in the facility’s
waste pile storage or treatment capacity.
2 b. Resulting in up to 25 percent increase in the facility’s waste pile
storage or treatment capacity.
2 2. Modification of waste pile unit without increasing the capacity of the
unit.
1 3. Replacement of a waste pile unit with another waste pile unit of the
same design and capacity and meeting all waste pile conditions in the
permit.
2 4. Modification of a waste pile management practice.
5. Storage or treatment of different wastes in waste piles:
3 a. That require additional or different management practices or
different design of the unit.
2 b. That do not require additional or different management practices
or different design of the unit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
2 6. Conversion of an enclosed waste pile to a containment building unit.
Note: See Section 703.280(g) for modification procedures to be used
for the management of newly listed or identified wastes.
J. Landfills and Unenclosed Waste Piles
3 1. Modification or addition of landfill units that result in increasing the
facility’s disposal capacity.
3 2. Replacement of a landfill.
3 3. Addition or modification of a liner, leachate collection system, leachate
detection system, runoff control, or final cover system.
2 4. Modification of a landfill unit without changing a liner, leachate
collection system, leachate detection system, runoff control, or final
cover system.
2 5. Modification of a landfill management practice.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
6. Landfill different wastes:
3 a. That require additional or different management practices,
different design of the liner, leachate collection system, or
leachate detection system.
2 b. That do not require additional or different management
practices, different design of the liner, leachate collection
system, or leachate detection system.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
1 c. That are wastes restricted from land disposal that meet the
applicable treatment standards. This modification is not
applicable to dioxin-containing wastes (F020, F021, F022,
F023, F026, F027, and F028).
1 d. That are residues from wastewater treatment or incineration,
provided the disposal occurs in a landfill unit that meets the
minimum technological requirements stated in 40 CFR
268.5(h)(2), incorporated by reference in 35 Ill. Adm. Code
728.105, and provided further that the landfill has previously
received wastes of the same type (for example, incinerator ash).
This modification is not applicable to dioxin-containing wastes
(F020, F021, F022, F023, F026, F027, and F028).
1* 7. Modification of unconstructed units to comply with 35 Ill. Adm. Code
724.351(c), 724.352, 724.353, 724.354(c), 724.401(c), 724.402,
724.403(c), and 724.404.
8. Changes in response action plan:
3 a. Increase in action leakage rate.
3 b. Change in a specific response reducing its frequency or
effectiveness.
2 c. Other changes.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
K. Land Treatment
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
3 1. Lateral expansion of or other modification of a land treatment unit to
increase area extent.
2 2. Modification of runon control system.
3 3. Modify runoff control system.
2 4. Other modification of land treatment unit component specifications or
standards required in permit.
5. Management of different wastes in land treatment units:
3 a. That require a change in permit operating conditions or unit
design specifications.
2 b. That do not require a change in permit operating conditions or
unit design specifications.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
6. Modification of a land treatment unit management practice to:
3 a. Increase rate or change method of waste application.
1 b. Decrease rate of waste application.
2 7. Modification of a land treatment unit management practice to change
measures of pH or moisture content or to enhance microbial or
chemical reactions.
3 8. Modification of a land treatment unit management practice to grow
food chain crops, to add to or replace existing permitted crops with
different food chain crops or to modify operating plans for distribution
of animal feeds resulting from such crops.
3 9. Modification of operating practice due to detection of releases from the
land treatment unit pursuant to 35 Ill. Adm. Code 724.378(g)(2).
3 10. Changes in the unsaturated zone monitoring system that result in a
change to the location, depth, or number of sampling points or which
replace unsaturated zone monitoring devices or components of devices
with devices or components that have specifications different from
permit requirements.
2 11. Changes in the unsaturated zone monitoring system that do not result in
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
a change to the location, depth, or number of sampling points or which
replace unsaturated zone monitoring devices or components of devices
with devices or components having specifications different from permit
requirements.
2 12. Changes in background values for hazardous constituents in soil and
soil-pore liquid.
2 13. Changes in sampling, analysis, or statistical procedure.
2 14. Changes in land treatment demonstration program prior to or during the
demonstration.
1* 15. Changes in any condition specified in the permit for a land treatment
unit to reflect results of the land treatment demonstration, provided
performance standards are met, and the Agency’s prior approval has
been received.
1* 16. Changes to allow a second land treatment demonstration to be
conducted when the results of the first demonstration have not shown
the conditions under which the wastes can be treated completely,
provided the conditions for the second demonstration are substantially
the same as the conditions for the first demonstration and have received
the prior approval of the Agency.
3 17. Changes to allow a second land treatment demonstration to be
conducted when the results of the first demonstration have not shown
the conditions under which the wastes can be treated completely, where
the conditions for the second demonstration are not substantially the
same as the conditions for the first demonstration.
2 18. Changes in vegetative cover requirements for closure.
L. Incinerators, Boilers and Industrial Furnaces
3 1. Changes to increase by more than 25 percent any of the following limits
authorized in the permit: A thermal feed rate limit, a feedstream feed
rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or
an ash feed rate limit. The Agency must require a new trial burn to
substantiate compliance with the regulatory performance standards
unless this demonstration can be made through other means.
2 2. Changes to increase by up to 25 percent any of the following limits
authorized in the permit: A thermal feed rate limit, a feedstream feed
rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or
an ash feed rate limit. The Agency must require a new trial burn to
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substantiate compliance with the regulatory performance standards
unless this demonstration can be made through other means.
3 3. Modification of an incinerator, boiler, or industrial furnace unit by
changing the internal size or geometry of the primary or secondary
combustion units; by adding a primary or secondary combustion unit;
by substantially changing the design of any component used to remove
HCl/Cl2, metals, or particulate from the combustion gases; or by
changing other features of the incinerator, boiler, or industrial furnace
that could affect its capability to meet the regulatory performance
standards. The Agency must require a new trial burn to substantiate
compliance with the regulatory performance standards, unless this
demonstration can be made through other means.
2 4. Modification of an incinerator, boiler, or industrial furnace unit in a
manner that will not likely affect the capability of the unit to meet the
regulatory performance standards but which will change the operating
conditions or monitoring requirements specified in the permit. The
Agency may require a new trial burn to demonstrate compliance with
the regulatory performance standards.
5. Operating requirements:
3 a. Modification of the limits specified in the permit for minimum
or maximum combustion gas temperature, minimum
combustion gas residence time, oxygen concentration in the
secondary combustion chamber, flue gas carbon monoxide or
hydrocarbon concentration, maximum temperature at the inlet to
the PM emission control system, or operating parameters for the
air pollution control system. The Agency must require a new
trial burn to substantiate compliance with the regulatory
performance standards unless this demonstration can be made
through other means.
3 b. Modification of any stack gas emission limits specified in the
permit, or modification of any conditions in the permit
concerning emergency shutdown or automatic waste feed cutoff
procedures or controls.
2 c. Modification of any other operating condition or any inspection
or recordkeeping requirement specified in the permit.
6. Burning different wastes:
3 a. If the waste contains a POHC that is more difficult to burn than
authorized by the permit or if burning of the waste requires
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compliance with different regulatory performance standards
than specified in the permit, the Agency must require a new trial
burn to substantiate compliance with the regulatory performance
standards, unless this demonstration can be made through other
means.
2 b. If the waste does not contain a POHC that is more difficult to
burn than authorized by the permit and if burning of the waste
does not require compliance with different regulatory
performance standards than specified in the permit.
Note: See Section 703.280(g) for modification procedures to be
used for the management of newly listed or identified wastes.
7. Shakedown and trial burn:
2 a. Modification of the trial burn plan or any of the permit
conditions applicable during the shakedown period for
determining operational readiness after construction, the trial
burn period or the period immediately following the trial burn.
1* b. Authorization of up to an additional 720 hours of waste burning
during the shakedown period for determining operational
readiness after construction, with the prior approval of the
Agency.
1* c. Changes in the operating requirements set in the permit for
conducting a trial burn, provided the change is minor and has
received the prior approval of the Agency.
1* d. Changes in the ranges of the operating requirements set in the
permit to reflect the results of the trial burn, provided the change
is minor and has received the prior approval of the Agency.
1 8. Substitution of an alternative type of non-hazardous waste fuel that is
not specified in the permit.
1* 9. Technology changes needed to meet standards under federal 40 CFR 63
(subpart EEE--National Emission Standards for Hazardous Air
Pollutants From Hazardous Waste Combustors), provided the
procedures of Section 703.280(j) are followed.
M. Containment Buildings
1. Modification or addition of containment building units:
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3 a. Resulting in greater than 25 percent increase in the facility’s
containment building storage or treatment capacity.
2 b. Resulting in up to 25 percent increase in the facility’s
containment building storage or treatment capacity.
2 2. Modification of a containment building unit or secondary containment
system without increasing the capacity of the unit.
3. Replacement of a containment building with a containment building
that meets the same design standards provided:
1 a. The unit capacity is not increased.
1 b. The replacement containment building meets the same
conditions in the permit.
2 4. Modification of a containment building management practice.
5. Storage or treatment of different wastes in containment buildings:
3 a. That require additional or different management practices.
2 b. That do not require additional or different management
practices.
N. Corrective Action
3 1. Approval of a corrective action management unit pursuant to 35 Ill.
Adm. Code 724.652.
2 2. Approval of a temporary unit or time extension pursuant to 35 Ill. Adm.
Code 724.653.
2 3. Approval of a staging pile or staging pile operating term extension
pursuant to 35 Ill. Adm. Code 724.654.
Note: * indicates modifications requiring prior Agency approval.
BOARD NOTE: Derived from 40 CFR 270.42, Appendix I (2002).
(Source: Amended at 27 Ill. Reg. 3496, effective February 14, 2003)
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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING
REQUIREMENTS
PART 720
HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART A: GENERAL PROVISIONS
Section
720.101 Purpose, Scope, and Applicability
720.102 Availability of Information; Confidentiality of Information
720.103 Use of Number and Gender
SUBPART B: DEFINITIONS AND REFERENCES
Section
720.110 Definitions
720.111 References
SUBPART C: RULEMAKING PETITIONS AND OTHER PROCEDURES
Section
720.120 Rulemaking
720.121 Alternative Equivalent Testing Methods
720.122 Waste Delisting
720.123 Petitions for Regulation as Universal Waste
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
Appendix A Overview of 40 CFR, Subtitle C Regulations
AUTHORITY: Implementing Sections 7.2, 13, and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 13, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 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 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
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2
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, effective 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. 7590, effective April 15, 1998; amended in R97-21/R98-
3/R98-5 at 22 Ill. Reg. 17496, effective September 28, 1998; amended in R98-21/R99-2/R99-7 at
23 Ill. Reg. 1704, effective January 19, 1999; amended in R99-15 at 23 Ill. Reg. 9094, effective
July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1063, effective January 6, 2000; amended in
R00-13 at 24 Ill. Reg. 9443, effective June 20, 2000; amended in R01-3 at 25 Ill. Reg. 1266,
effective January 11, 2001; amended in R01-21/R01-23 at 25 Ill. Reg. 9168, effective July 9,
2001; amended in R02-1/R02-12/R02-17 at 26 Ill. Reg. 6550, effective April 22, 2002; amended
in R03-7 at 27 Ill. Reg. 3712, effective February 14, 2003; amended in R03-18 at 27 Ill. Reg.
12713, effective July 17, 2003.
SUBPART B: DEFINITIONS AND REFERENCES
Section 720.110 Definitions
When used in 35 Ill. Adm. Code 720 through 726, 728, 733, and 739 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.
“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.
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3
“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 United States 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 tanks, 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 that consists 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.
“Board” means the Illinois Pollution Control Board.
“Boiler” means an enclosed device using controlled flame combustion and having
the following characteristics:
Boiler physical 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
sections must be of integral design. To be of integral design, the
combustion chamber and the primary energy recovery sections (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 sections are joined only by
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4
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
may 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
Boiler by designation. The unit is one that the Board has determined, on a
case-by-case basis, to be a boiler, after considering the standards in Section
720.132.
“Carbon regeneration unit” means any enclosed thermal treatment device used to
regenerate spent activated carbon.
“Certification” means a statement of professional opinion based upon knowledge
and belief.
“Closed portion” means that portion of a facility that 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.
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“Containment building” means a hazardous waste management unit that is used to
store or treat hazardous waste under the provisions of Subpart DD of 35 Ill. Adm.
Code 724 and Subpart DD of 35 Ill. Adm. Code 725.
“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 that could threaten human health or
the environment.
“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,
Of which any of the following is true:
The facility has received a RCRA permit (or interim status) pursuant
to 35 Ill. Adm. Code 702, 703, and 705;
The facility has received a RCRA permit from USEPA pursuant to
40 CFR 124 and 270 (2002);
The facility has received a RCRA permit from a state authorized by
USEPA pursuant to 40 CFR 271 (2002); or
The facility is regulated under 35 Ill. Adm. Code 721.106(c)(2) or
Subpart F of 35 Ill. Adm. Code 266; and
The facility 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 that 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.
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6
“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.
“Dioxins and furans” or “D/F” means tetra, penta-, hexa-, hepta-, and octa-
chlorinated dibenzo dioxins and furans.
“Director” means the Director of the Illinois Environmental Protection Agency.
“Discharge” or “hazardous waste discharge” means the accidental or intentional
spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous
waste into or on any land or water.
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into or on any land or water so that
such solid waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including
groundwaters.
“Disposal facility” means a facility or part of a facility at which hazardous waste is
intentionally placed into or on any land or water and at which waste will remain after
closure. The term disposal facility does not include a 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 runon to an
associated collection system at wood preserving plants.
“Elementary neutralization unit” means a device of which the following is true:
It is used for neutralizing wastes that are hazardous only because they exhibit
the corrosivity characteristic defined in 35 Ill. Adm. Code 721.122 or which
are listed in Subpart D of 35 Ill. Adm. Code 721 only for this reason; and
It meets the definition of tank, tank system, container, transport vehicle, or
vessel in this Section.
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“EPA hazardous waste number” or “USEPA hazardous waste number” means the
number assigned by USEPA to each hazardous waste listed in Subpart D of 35 Ill.
Adm. Code 721 and to each characteristic identified in Subpart C of 35 Ill. Adm.
Code 721.
“EPA 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
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 that was in operation or for which construction commenced on or
before November 19, 1980. A facility had commenced construction if the owner or
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operator had obtained the federal, State, and local approvals or permits necessary to
begin physical construction and either of the following had occurred:
A continuous on-site, physical construction program had begun; or
The owner or operator had entered into contractual obligations that could not
be 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 which was in
operation, or for which installation was 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 of the
following is true:
A continuous on-site physical construction or installation program has
begun; or
The owner or operator has entered into contractual obligations that 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.
“Explosives or munitions emergency” means a situation involving the suspected
or detected presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other potentially
explosive material or device, or other potentially harmful military chemical
munitions or device, that creates an actual or potential imminent threat to human
health, including safety, or the environment, including property, as determined by
an explosives or munitions emergency response specialist. Such situations may
require immediate and expeditious action by an explosives or munitions
emergency response specialist to control, mitigate, or eliminate the threat.
“Explosives or munitions emergency response” means all immediate response
activities by an explosives and munitions emergency response specialist to
control, mitigate, or eliminate the actual or potential threat encountered during an
explosives or munitions emergency. An explosives or munitions emergency
response may include in-place render-safe procedures, treatment, or destruction of
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the explosives or munitions or transporting those items to another location to be
rendered safe, treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary, unforeseen,
or uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at RCRA facilities.
“Explosives or munitions emergency response specialist” means an individual
trained in chemical or conventional munitions or explosives handling,
transportation, render-safe procedures, or destruction techniques. Explosives or
munitions emergency response specialists include United States Department of
Defense (USDOD) emergency explosive ordnance disposal (EOD), technical
escort unit (TEU), and USDOD-certified civilian or contractor personnel and
other federal, State, or local government or civilian personnel who are similarly
trained in explosives or munitions emergency responses.
“Facility” means the following:
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).
Notwithstanding the immediately-preceding paragraph of this definition, a
remediation waste management site is not a facility that is subject to 35 Ill.
Adm. Code 724.201, but a facility that is subject to corrective action
requirements if the site is located within such a facility.
“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.
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“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 that readily separate from the solid portion of a waste
under ambient temperature and pressure.
“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.
“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 that caused the hazardous waste
to be listed in Subpart D of 35 Ill. Adm. Code 721, or a constituent listed in 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 that is not operated after
November 19, 1980. (See also “active portion” and “closed portion.”)
“Incinerator” means any enclosed device of which the following is true:
The facility uses controlled flame combustion, and both of the following are
true of the facility:
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The facility does not meet the criteria for classification as a boiler,
sludge dryer, or carbon regeneration unit, nor
The facility is not listed as an industrial furnace; or
The facility meets the definition of infrared incinerator or plasma arc
incinerator.
“Incompatible waste” means a hazardous waste that is unsuitable for the following:
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 Appendix E to 35 Ill. Adm. Code 725 for examples.)
“Industrial furnace” means any of the following enclosed devices that are integral
components of manufacturing processes and that use thermal treatment to
accomplish recovery of materials or energy:
Cement kilns;
Lime kilns;
Aggregate kilns;
Phosphate kilns;
Coke ovens;
Blast furnaces;
Smelting, melting and refining furnaces (including pyrometallurgical devices
such as cupolas, reverberator furnaces, sintering machines, roasters, and
foundry furnaces);
Titanium dioxide chloride process oxidation reactors;
Methane reforming furnaces;
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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 three percent, 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 percent, as generated; and
Any other such device as the Agency determines to be an industrial furnace
on the basis of one or more of the following factors:
The design and use of the device primarily to accomplish recovery of
material products;
The use of the device to burn or reduce raw materials to make a
material product;
The use of the device to burn or reduce secondary materials as
effective substitutes for raw materials, in processes using raw
materials as principal feedstocks;
The use of the device to burn or reduce secondary materials as
ingredients in an industrial process to make a material product;
The use of the device in common industrial practice to produce a
material product; and
Other relevant factors.
“Individual generation site” means the contiguous site at or on which one or more
hazardous wastes are generated. An individual generation site, such as a large
manufacturing plant, may have one or more sources of hazardous waste but is
considered a single or individual generation site if the site or property is contiguous.
“Infrared incinerator” means any enclosed device that 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.
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“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 that 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
that 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.
“Lamp” or “universal waste lamp” means the bulb or tube portion of an electric
lighting device. A lamp is specifically designed to produce radiant energy, most
often in the ultraviolet, visible, or infrared regions of the electromagnetic spectrum.
Examples of common universal waste lamps include, but are not limited to,
fluorescent, high intensity discharge, neon, mercury vapor, high-pressure sodium,
and metal halide lamps.
“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 that 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.
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“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 that 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 that
contains the information required by Subpart B of 35 Ill. Adm. Code 722.
“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 equipment” means mercury switches and mercury relays,
and scientific instruments and instructional equipment containing mercury added
during their manufacture.
“Mercury relay” means a product or device, containing mercury added during its
manufacture, that opens or closes electrical contacts to effect the operation of
other devices in the same or another electrical circuit. Mercury relay includes,
but is not limited to, mercury displacement relays, mercury wetted reed relays,
and mercury contact relays.
[415 ILCS 5/3.283]
“Mercury switch” means a product or device, containing mercury added during
its manufacture, that opens or closes an electrical circuit or gas valve, including,
but not limited to, mercury float switches actuated by rising or falling liquid
levels, mercury tilt switches actuated by a change in the switch position, mercury
pressure switches actuated by a change in pressure, mercury temperature
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switches actuated by a change in temperature, and mercury flame sensors.
[415
ILCS 5/3.284]
“Military munitions” means all ammunition products and components produced
or used by or for the United States Department of Defense or the United States
Armed Services for national defense and security, including military munitions
under the control of the United States Department of Defense (USDOD), the
United States Coast Guard, the United States Department of Energy (USDOE),
and National Guard personnel. The term military munitions includes: confined
gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot
control agents, smokes, and incendiaries used by USDOD components, including
bulk explosives and chemical warfare agents, chemical munitions, rockets, guided
and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition,
small arms ammunition, grenades, mines, torpedoes, depth charges, cluster
munitions and dispensers, demolition charges, and devices and components of
these items and devices. Military munitions do not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
components of these items and devices. However, the term does include non-
nuclear components of nuclear devices, managed under USDOE’s nuclear
weapons program after all sanitization operations required under the Atomic
Energy Act of 1954 (42 USC 2014 et seq.), as amended, have been completed.
“Mining overburden returned to the mine site” means any material overlying an
economic mineral deposit that 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 that is not a container; tank; 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); unit eligible for a research, development, and demonstration permit under
35 Ill. Adm. Code 703.231; or staging pile.
“Movement” means hazardous waste that is transported to a facility in an individual
vehicle.
“New hazardous waste management facility” or “new facility” means a facility that
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.
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Adm. Code 724.293(g)(2) and 725.293(g)(2), a new tank system is one for which
construction commenced 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 that 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 that the owner controls and to which the public does
not have access is also considered on-site property.
“Open burning” means the combustion of any material without the following
characteristics:
Control of combustion air to maintain adequate temperature for efficient
combustion;
Containment of the combustion reaction in an enclosed device to provide
sufficient residence time and mixing for complete combustion; and
Control of emission of the gaseous combustion products.
(See also “incineration” and “thermal treatment.”)
“Operator” means the person responsible for the overall operation of a facility.
“Owner” means the person that 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 that 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.
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“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 USC 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
(21 USC 360b), 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 USC 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 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 USC 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 that 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
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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 postgraduate degree in the natural sciences or engineering, and has
sufficient training and experience in groundwater hydrology and related fields, as
demonstrated by state registration, professional certifications, or completion of
accredited university courses that enable the individual to make sound professional
judgments regarding groundwater monitoring and contaminant rate 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 and 68 Ill. Adm. Code 1380. Professional certification includes, but
is not limited to, certification under the certified groundwater professional program
of the National Ground Water Association.
“RCRA” means the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976, as amended (42 USC 6901 et seq.).
“Regional Administrator” means the Regional Administrator for the USEPA Region
in which the facility is located or the Regional Administrator’s designee.
“Remediation waste” means all solid and hazardous wastes, and all media (including
groundwater, surface water, soils, and sediments) and debris that are managed for
implementing cleanup.
“Remediation waste management site” means a facility where an owner or operator
is or will be treating, storing, or disposing of hazardous remediation wastes. A
remediation waste management site is not a facility that is subject to corrective
action under 35 Ill. Adm. Code 724.201, but a remediation waste management site
is subject to corrective action requirements if the site is located in such a facility.
“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.
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“Representative sample” means a sample of a universe or whole (e.g., waste pile,
lagoon, groundwater) that 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 Classification 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 that 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 that generates less than 1000 kg of
hazardous waste in a calendar month.
“Solid waste” means a solid waste as defined in 35 Ill. Adm. Code 721.102.
“Sorbent” means a material that is used to soak up free liquids by either adsorption
or absorption, or both. “Sorb” means to either adsorb or absorb, or both.
“Staging pile” means an accumulation of solid, non-flowing “remediation waste”
(as defined in this Section) that is not a containment building and that is used only
during remedial operations for temporary storage at a facility. Staging piles must
be designated by the Agency according to the requirements of 35 Ill. Adm. Code
724.654.
“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.
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“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.
“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.
“Surface impoundment” or “impoundment” means a facility or part of a facility that
is a natural topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade materials)
that 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 that is constructed primarily of nonearthen materials (e.g., wood, concrete,
steel, plastic) that provide structural support.
“Tank system” means a hazardous waste storage or treatment tank and its associated
ancillary equipment and containment system.
“TEQ” means toxicity equivalence, the international method of relating the
toxicity of various dioxin and furan congeners to the toxicity of 2,3,7,8-tetra-
chlorodibenzo-p-dioxin.
“Thermal treatment” means the treatment of hazardous waste in a device that uses
elevated temperatures as the primary means to change the chemical, physical, or
biological character or composition of the hazardous waste. Examples of thermal
treatment processes are incineration, molten salt, pyrolysis, calcination, wet air
oxidation, and microwave discharge. (See also “incinerator” and “open burning.”)
“Thermostat” means a temperature control device that contains metallic mercury in
an ampule attached to a bimetal sensing element and mercury-containing ampules
that have been removed from such a temperature control device in compliance with
the requirements of 35 Ill. Adm. Code 733.113(c)(2) or 733.133(c)(2).
“Totally enclosed treatment facility” means a facility for the treatment of hazardous
waste that is directly connected to an industrial production process and which is
constructed and operated in a manner that 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.
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“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 the following:
A study in which a hazardous waste is subjected to a treatment process to
determine the following:
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;
and
The characteristics and volumes of residuals from a particular
treatment process;
Also included in this definition for the purpose of 35 Ill. Adm. Code
721.104(e) and (f) exemptions are liner compatibility, corrosion and other
material compatibility studies, and toxicological and health effects studies.
A treatability study is not a means to commercially treat or dispose of
hazardous waste.
“Treatment” means any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or composition of
any hazardous waste so as to neutralize the waste, recover energy or material
resources from the waste, or render the waste non-hazardous or less hazardous; safer
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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;
Thermostats, as described in 35 Ill. Adm. Code 733.104; and
Lamps, as described in 35 Ill. Adm. Code 733.105; and
Mercury-containing equipment, as described in 35 Ill. Adm. Code
733.106.
“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
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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 either of the following:
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 of which the following is true:
It is part of a wastewater treatment facility that 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
It receives and treats or stores an influent wastewater that is a hazardous
waste as defined in 35 Ill. Adm. Code 721.103, or generates and accumulates
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a wastewater treatment sludge that is a hazardous waste as defined in 35 Ill.
Adm. Code 721.103, or treats or stores a wastewater treatment sludge that is
a hazardous waste as defined in 35 Ill. Adm. Code 721.103; and
It meets the definition of tank or tank system in this Section.
“Water (bulk shipment)” means the bulk transportation of hazardous waste that 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 27 Ill. Reg. 12713, effective July 17, 2003)
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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING
REQUIREMENTS
PART 721
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A: GENERAL PROVISIONS
Section
721.101 Purpose and Scope
721.102 Definition of Solid Waste
721.103 Definition of Hazardous Waste
721.104 Exclusions
721.105 Special Requirements for Hazardous Waste Generated by Small Quantity
Generators
721.106 Requirements for Recyclable Materials
721.107 Residues of Hazardous Waste in Empty Containers
721.108 PCB Wastes Regulated under TSCA
721.109 Requirements for Universal Waste
SUBPART B: CRITERIA FOR IDENTIFYING THE
CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING
HAZARDOUS WASTES
Section
721.110 Criteria for Identifying the Characteristics of Hazardous Waste
721.111 Criteria for Listing Hazardous Waste
SUBPART C: CHARACTERISTICS OF HAZARDOUS WASTE
Section
721.120 General
721.121 Characteristic of Ignitability
721.122 Characteristic of Corrosivity
721.123 Characteristic of Reactivity
721.124 Toxicity Characteristic
SUBPART D: LISTS OF HAZARDOUS WASTE
Section
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
721.138 Comparable or Syngas Fuel Exclusion
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2
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 USEPA 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 USEPA under 40 CFR 260.20 and 260.22 from
Commercial Chemical Products, Off-Specification Species, Container
Residues, and Soil Residues Thereof
Table D Wastes Excluded by the Board by Adjusted Standard
721.Appendix J Method of Analysis for Chlorinated Dibenzo-p-Dioxins and
Dibenzofurans (Repealed)
721.Appendix Y Table to Section 721.138
721.Appendix Z Table to Section 721.102
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
2518, effective February 22, 1983; amended in R82-19 at 7 Ill. Reg. 13999, effective October 12,
1983; amended in R84-34, 61 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,
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
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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. 7615, effective April 15, 1998;
amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17531, effective September 28, 1998; amended
in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1718, effective January 19, 1999; amended in R99-15 at
23 Ill. Reg. 9135, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9481, effective June
20, 2000; amended in R01-3 at 25 Ill. Reg. 1281, effective January 11, 2001; amended in R01-
21/R01-23 at 25 Ill. Reg. 9108, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26
Ill. Reg. 6584, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 12760, effective July
17, 2003; amended in R04-16 at 28 Ill. Reg. 10693, effective July 19, 2004.
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 702 703,
722 through 726, and 728, except as specified in 35 Ill. Adm. Code 733, and are therefore not
fully regulated as hazardous waste. The following wastes 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;
c) Thermostats, as described in 35 Ill. Adm. Code 733.104;
d) Lamps, as described in 35 Ill. Adm. Code 733.105; and
e) Mercury-containing equipment, as described in 35 Ill. Adm. Code 733.106.
(Source: Amended at 27 Ill. Reg. 12760, effective July 17, 2003)
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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 USEPA Identification Number
724.112 Required Notices
724.113 General Waste Analysis
724.114 Security
724.115 General Inspection Requirements
724.116 Personnel Training
724.117 General Requirements for Ignitable, Reactive, or Incompatible Wastes
724.118 Location Standards
724.119 Construction Quality Assurance Program
SUBPART C: PREPAREDNESS AND PREVENTION
Section
724.130 Applicability
724.131 Design and Operation of Facility
724.132 Required Equipment
724.133 Testing and Maintenance of Equipment
724.134 Access to Communications or Alarm System
724.135 Required Aisle Space
724.137 Arrangements with Local Authorities
SUBPART D: CONTINGENCY PLAN AND EMERGENCY PROCEDURES
Section
724.150 Applicability
724.151 Purpose and Implementation of Contingency Plan
724.152 Content of Contingency Plan
724.153 Copies of Contingency Plan
724.154 Amendment of Contingency Plan
724.155 Emergency Coordinator
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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 CARE
Section
724.210 Applicability
724.211 Closure Performance Standard
724.212 Closure Plan; Amendment of Plan
724.213 Closure; Time Allowed For Closure
724.214 Disposal or Decontamination of Equipment, Structures, and Soils
724.215 Certification of Closure
724.216 Survey Plat
724.217 Post-Closure Care and Use of Property
724.218 Post-Closure Care 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
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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 Integrity
724.292 Design and Installation of New Tank Systems or Components
724.293 Containment and Detection of Releases
724.294 General Operating Requirements
724.295 Inspections
724.296 Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank
Systems
724.297 Closure and Post-Closure Care
724.298 Special Requirements for Ignitable or Reactive Waste
724.299 Special Requirements for Incompatible Wastes
724.300 Air Emission Standards
SUBPART K: SURFACE IMPOUNDMENTS
Section
724.320 Applicability
724.321 Design and Operating Requirements
724.322 Action Leakage Rate
724.323 Response Actions
724.326 Monitoring and Inspection
724.327 Emergency Repairs; Contingency Plans
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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 Requirements
724.352 Action Leakage Rate
724.353 Response Action Plan
724.354 Monitoring and Inspection
724.356 Special Requirements for Ignitable or Reactive Waste
724.357 Special Requirements for Incompatible Wastes
724.358 Closure and Post-Closure Care
724.359 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
SUBPART M: LAND TREATMENT
Section
724.370 Applicability
724.371 Treatment Program
724.372 Treatment Demonstration
724.373 Design and Operating Requirements
724.376 Food-Chain Crops
724.378 Unsaturated Zone Monitoring
724.379 Recordkeeping
724.380 Closure and Post-Closure Care
724.381 Special Requirements for Ignitable or Reactive Waste
724.382 Special Requirements for Incompatible Wastes
724.383 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
SUBPART N: LANDFILLS
Section
724.400 Applicability
724.401 Design and Operating Requirements
724.402 Action Leakage Rate
724.403 Monitoring and Inspection
724.404 Response Actions
724.409 Surveying and Recordkeeping
724.410 Closure and Post-Closure Care
724.412 Special Requirements for Ignitable or Reactive Waste
724.413 Special Requirements for Incompatible Wastes
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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: SPECIAL PROVISIONS FOR CLEANUP
Section
724.650 Applicability of Corrective Action Management Unit Regulations
724.651 Grandfathered Corrective Action Management Units
724.652 Corrective Action Management Units
724.653 Temporary Units
724.654 Staging Piles
724.655 Disposal of CAMU-Eligible Wastes in Permitted Hazardous Waste Landfills
SUBPART W: DRIP PADS
Section
724.670 Applicability
724.671 Assessment of Existing Drip Pad Integrity
724.672 Design and Installation of New Drip Pads
724.673 Design and Operating Requirements
724.674 Inspections
724.675 Closure
SUBPART X: MISCELLANEOUS UNITS
Section
724.700 Applicability
724.701 Environmental Performance Standards
724.702 Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action
724.703 Post-Closure Care
SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
724.930 Applicability
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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
724.988 Inspection and Monitoring Requirements
724.989 Recordkeeping Requirements
724.990 Reporting Requirements
724.991 Alternative Control Requirements for Tanks (Repealed)
SUBPART DD: CONTAINMENT BUILDINGS
Section
724.1100 Applicability
724.1101 Design and Operating Standards
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724.1102 Closure and Post-Closure Care
SUBPART EE: HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES
STORAGE
Section
724.1200 Applicability
724.1201 Design and Operating Standards
724.1202 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 Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R82-19 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, effective 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. 7638, effective April 15, 1998;
amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17972, effective September 28, 1998; amended
in R98-21/R99-2/R99-7 at 23 Ill. Reg. 2186, effective January 19, 1999; amended in R99-15 at
23 Ill. Reg. 9437, effective July 26, 1999; amended in R00-5 at 24 Ill. Reg. 1146, effective
January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9833, effective June 20, 2000; expedited
correction at 25 Ill. Reg. 5115, effective June 20, 2000; amended in R02-1/R02-12/R02-17 at 26
Ill. Reg. 6635, effective April 22, 2002; amended in R03-7 at 27 Ill. Reg. 3725, effective
February 14, 2003.
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SUBPART A: GENERAL PROVISIONS
Section 724.101 Purpose, Scope, and Applicability
a) The purpose of this Part is to establish minimum standards that define the
acceptable management of hazardous waste.
b) The standards in this Part apply to owners and operators of all facilities that treat,
store, or dispose of hazardous waste, except as specifically provided otherwise in
this Part or 35 Ill. Adm. Code 721.
c) The requirements of this Part apply to a person disposing of hazardous waste by
means of ocean disposal subject to a permit issued under the federal Marine
Protection, Research and Sanctuaries Act (16 USC 1431-1434, 33 USC 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 [415 ILCS 5/21(f)] 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 [415 ILCS 5/12(g)] only to
the extent they are required by Subpart F of 35 Ill. Adm. Code 704.
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 (f) 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 the following:
1) The owner or operator of a facility permitted by the Agency under Section
21 of the Environmental Protection Act [415 ILCS 5/21] to manage
municipal or industrial solid waste, if the only hazardous waste the facility
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treats, stores, or disposes of is excluded from regulation under this Part by
35 Ill. Adm. Code 721.105.
BOARD NOTE: The owner or operator may be subject to 35 Ill. Adm.
Code 807 and may have to have a supplemental permit under 35 Ill. Adm.
Code 807.210.
2) The owner or operator of a facility managing recyclable materials described
in 35 Ill. Adm. Code 721.106(a)(2) through (a)(4) (except to the extent that
requirements of this Part are referred to in Subpart C, F, G, or H of 35 Ill.
Adm. Code 726 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 disposing of waste pesticides from the farmer’s own use in
compliance with 35 Ill. Adm. Code 722.170.
5) The owner or operator of a totally enclosed treatment facility, as defined in
35 Ill. Adm. Code 720.110.
6) The owner or operator of an elementary neutralization unit or a wastewater
treatment unit, as defined in 35 Ill. Adm. Code 720.110, provided that if the
owner or operator is diluting hazardous ignitable (D001) wastes (other than
the D001 High TOC Subcategory defined in Table T to 35 Ill. Adm. Code
728) 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 (g)(7) 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) of this Section, 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; or
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iv) An immediate threat to human health, public safety,
property, or the environment from the known or suspected
presence of military munitions, other explosive material, or
an explosive device, as determined by an explosives or
munitions emergency response specialist as defined in 35
Ill. Adm. Code 720.110.
B) An owner or operator of a facility otherwise regulated by this Part
must comply with all applicable requirements of Subparts C and D
of this Part.
C) Any person that is covered by subsection (g)(8)(A) of this Section
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.
D) In the case of an explosives or munitions emergency response, if a
federal, State, or local official acting within the scope of his or her
official responsibilities or an explosives or munitions emergency
response specialist determines that immediate removal of the
material or waste is necessary to protect human health or the
environment, that official or specialist may authorize the removal
of the material or waste by transporters that do not have USEPA
identification numbers and without the preparation of a manifest.
In the case of emergencies involving military munitions, the
responding military emergency response specialist’s organizational
unit must retain records for three years identifying the dates of the
response, the responsible persons responding, the type and
description of material addressed, and its disposition.
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:
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11
A) Batteries, as described in 35 Ill. Adm. Code 733.102;
B) Pesticides, as described in 35 Ill. Adm. Code 733.103;
C) Thermostats, as described in 35 Ill. Adm. Code 733.104; and
D) Lamps, as described in 35 Ill. Adm. Code 733.105; and .
E) Mercury-containing equipment as described in 35 Ill. Adm. Code
733.106.
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.
i) 35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to
the storage of military munitions classified as solid waste under 35 Ill. Adm. Code
726.302. The treatment and disposal of hazardous waste military munitions are
subject to the applicable permitting, procedural, and technical standards in 35 Ill.
Adm. Code 702, 703, 705, 720 through 726, and 728.
j) The requirements of Subparts B, C, and D of this Part and Section 724.201 do not
apply to remediation waste management sites. (However, some remediation waste
management sites may be a part of a facility that is subject to a traditional RCRA
permit because the facility is also treating, storing, or disposing of hazardous wastes
that are not remediation wastes. In these cases, Subparts B, C, and D of this Part,
and Section 724.201 do apply to the facility subject to the traditional RCRA
permit.) Instead of the requirements of Subparts B, C, and D of this Part, owners or
operators of remediation waste management sites must comply with the following
requirements:
1) The owner or operator must obtain a USEPA identification number by
applying to USEPA using USEPA Form 8700-12;
2) The owner or operator must obtain a detailed chemical and physical
analysis of a representative sample of the hazardous remediation wastes to
be managed at the site. At a minimum, the analysis must contain all of the
information that must be known to treat, store, or dispose of the waste
according to this Part and 35 Ill. Adm. Code 728, and the owner or operator
must keep the analysis accurate and up to date;
3) The owner or operator must prevent people who are unaware of the danger
from entering the site, and the owner or operator must minimize the
possibility for unauthorized people or livestock entering onto the active
portion of the remediation waste management site, unless the owner or
operator can demonstrate the following to the Agency:
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A) That physical contact with the waste, structures, or equipment
within the active portion of the remediation waste management site
will not injure people or livestock that may enter the active portion
of the remediation waste management site; and
B) That disturbance of the waste or equipment by people or livestock
that enter onto the active portion of the remediation waste
management site will not cause a violation of the requirements of
this Part;
4) The owner or operator must inspect the remediation waste management site
for malfunctions, deterioration, operator errors, and discharges that may be
causing or may lead to a release of hazardous waste constituents to the
environment or a threat to human health. The owner or operator must
conduct these inspections often enough to identify problems in time to
correct them before they harm human health or the environment, and the
owner or operator must remedy the problem before it leads to a human
health or environmental hazard. Where a hazard is imminent or has already
occurred, the owner or operator must immediately take remedial action;
5) The owner or operator must provide personnel with classroom or on-the-job
training on how to perform their duties in a way that ensures the
remediation waste management site complies with the requirements of this
Part, and on how to respond effectively to emergencies;
6) The owner or operator must take precautions to prevent accidental ignition
or reaction of ignitable or reactive waste, and the owner or operator must
prevent threats to human health and the environment from ignitable,
reactive, and incompatible waste;
7) For remediation waste management sites subject to regulation under
Subparts I through O and Subpart X of this Part, the owner or operator must
design, construct, operate, and maintain a unit within a 100-year floodplain
to prevent washout of any hazardous waste by a 100-year flood, unless the
owner or operator can meet the requirements of Section 724.118(b);
8) The owner or operator must not place any non-containerized or bulk liquid
hazardous waste in any salt dome formation, salt bed formation,
underground mine, or cave;
9) The owner or operator must develop and maintain a construction quality
assurance program for all surface impoundments, waste piles, and landfill
units that are required to comply with Sections 724.321(c) and (d),
724.351(c) and (d), and 724.401(c) and (d) at the remediation waste
management site, according to the requirements of Section 724.119;
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10) The owner or operator must develop and maintain procedures to prevent
accidents and a contingency and emergency plan to control accidents that
occur. These procedures must address proper design, construction,
maintenance, and operation of remediation waste management units at the
site. The goal of the plan must be to minimize the possibility of, and the
hazards from, a fire, explosion, or any unplanned sudden or non-sudden
release of hazardous waste or hazardous waste constituents to air, soil, or
surface water that could threaten human health or the environment. The
plan must explain specifically how to treat, store, and dispose of the
hazardous remediation waste in question, and must be implemented
immediately whenever a fire, explosion, or release of hazardous waste or
hazardous waste constituents occurs that could threaten human health or the
environment;
11) The owner or operator must designate at least one employee, either on the
facility premises or on call (that is, available to respond to an emergency by
reaching the facility quickly), to coordinate all emergency response
measures. This emergency coordinator must be thoroughly familiar with all
aspects of the facility’s contingency plan, all operations and activities at the
facility, the location and characteristics of waste handled, the location of all
records within the facility, and the facility layout. In addition, this person
must have the authority to commit the resources needed to carry out the
contingency plan;
12) The owner or operator must develop, maintain, and implement a plan to
meet the requirements in subsections (j)(2) through (j)(6) and (j)(9) through
(j)(10) of this Section; and
13) The owner or operator must maintain records documenting compliance with
subsections (j)(1) through (j)(12) of this Section.
(Source: Amended at 27 Ill. Reg. 3725, effective February 14, 2003)
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TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 725
INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
SUBPART A: GENERAL PROVISIONS
Section
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
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725.153 Copies of Contingency Plan
725.154 Amendment of Contingency Plan
725.155 Emergency Coordinator
725.156 Emergency Procedures
SUBPART E: MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
Section
725.170 Applicability
725.171 Use of Manifest System
725.172 Manifest Discrepancies
725.173 Operating Record
725.174 Availability, Retention and Disposition of Records
725.175 Annual Report
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 CARE
Section
725.210 Applicability
725.211 Closure Performance Standard
725.212 Closure Plan; Amendment of Plan
725.213 Closure; Time Allowed for Closure
725.214 Disposal or Decontamination of Equipment, Structures and Soils
725.215 Certification of Closure
725.216 Survey Plat
725.217 Post-closure Care and Use of Property
725.218 Post-Closure Care Plan; Amendment of Plan
725.219 Post-Closure Notices
725.220 Certification of Completion of Post-Closure Care
725.221 Alternative Post-Closure Care Requirements
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
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725.244 Cost Estimate for Post-closure Care
725.245 Financial Assurance for Post-closure Monitoring and Maintenance
725.246 Use of a Mechanism for Financial Assurance of Both Closure and Post-closure
Care
725.247 Liability Requirements
725.248 Incapacity of Owners or Operators, Guarantors or Financial Institutions
725.251 Promulgation of Forms (Repealed)
SUBPART I: USE AND MANAGEMENT OF CONTAINERS
Section
725.270 Applicability
725.271 Condition of Containers
725.272 Compatibility of Waste with Container
725.273 Management of Containers
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 Kilograms of Hazardous Waste Per Month
725.302 Air Emission Standards
SUBPART K: SURFACE IMPOUNDMENTS
Section
725.320 Applicability
725.321 Design and Operating Requirements
725.322 Action Leakage Rate
725.323 Response Actions
725.324 Containment System
725.325 Waste Analysis and Trial Tests
725.326 Monitoring and Inspections
725.328 Closure and Post-closure Care
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725.329 Special Requirements for Ignitable or Reactive Waste
725.330 Special Requirements for Incompatible Wastes
725.331 Air Emission Standards
SUBPART L: WASTE PILES
Section
725.350 Applicability
725.351 Protection from Wind
725.352 Waste Analysis
725.353 Containment
725.354 Design and Operating Requirements
725.355 Action Leakage Rates
725.356 Special Requirements for Ignitable or Reactive Waste
725.357 Special Requirements for Incompatible Wastes
725.358 Closure and Post-closure Care
725.359 Response Actions
725.360 Monitoring and Inspection
SUBPART M: LAND TREATMENT
Section
725.370 Applicability
725.372 General Operating Requirements
725.373 Waste Analysis
725.376 Food Chain Crops
725.378 Unsaturated Zone (Zone of Aeration) Monitoring
725.379 Recordkeeping
725.380 Closure and Post-closure
725.381 Special Requirements for Ignitable or Reactive Waste
725.382 Special Requirements for Incompatible Wastes
SUBPART N: LANDFILLS
Section
725.400 Applicability
725.401 Design Requirements
725.402 Action Leakage Rate
725.403 Response Actions
725.404 Monitoring and Inspection
725.409 Surveying and Recordkeeping
725.410 Closure and Post-closure
725.412 Special Requirements for Ignitable or Reactive Waste
725.413 Special Requirements for Incompatible Wastes
725.414 Special Requirements for Liquid Wastes
725.415 Special Requirements for Containers
725.416 Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab
Packs)
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SUBPART O: INCINERATORS
Section
725.440 Applicability
725.441 Waste Analysis
725.445 General Operating Requirements
725.447 Monitoring and Inspection
725.451 Closure
725.452 Interim Status Incinerators Burning Particular Hazardous Wastes
SUBPART P: THERMAL TREATMENT
Section
725.470 Other Thermal Treatment
725.473 General Operating Requirements
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
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SUBPART AA: AIR EMISSION STANDARDS FOR PROCESS VENTS
Section
725.930 Applicability
725.931 Definitions
725.932 Standards: Process Vents
725.933 Standards: Closed-vent
Systems and Control Devices
725.934 Test methods and procedures
725.935 Recordkeeping Requirements
SUBPART BB: AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS
Section
725.950 Applicability
725.951 Definitions
725.952 Standards: Pumps in Light Liquid Service
725.953 Standards: Compressors
725.954 Standards: Pressure Relief Devices in Gas/Vapor Service
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 otherConnectors
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 (Repealed)
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SUBPART DD: CONTAINMENT BUILDINGS
Section
725.1100 Applicability
725.1101 Design and operating standards
725.1102 Closure and Post Closure-Care
Subpart EE: Hazardous Waste Munitions and Explosives Storage
Section
725.1200 Applicability
725.1201 Design and operating standards
725.1202 Closure and post-closure care
725.Appendix A Recordkeeping Instructions
725.Appendix B EPA Report Form and Instructions (Repealed)
725.Appendix C EPA Interim Primary Drinking Water Standards
725.Appendix D Tests for Significance
725.Appendix E Examples of Potentially Incompatible Waste
725.Appendix F Compounds With Henry’s Law Constant Less Than 0.1 Y/X (at 25°C)
AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4, and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R82-18 at 7 Ill. Reg.
2518, effective February 22, 1983; amended in R82-19 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, effective 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. 7620, effective
April 15, 1998; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17620, effective September 28,
1998; amended in R98-21/R99-2/R99-7 at 23 Ill. Reg. 1850, effective January 19, 1999;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
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amended in R99-15 at 23 Ill. Reg. 9168, effective July 26, 1999; amended in R00-5 at 24 Ill.
Reg. 1076, effective January 6, 2000; amended in R00-13 at 24 Ill. Reg. 9575, effective June 20,
2000; amended in R03-7 at 27 Ill. Reg. 4187, effective February 14, 2003.
SUBPART A: GENERAL PROVISIONS
Section 725.101 Purpose, Scope, and Applicability
a) The purpose of this Part is to establish minimum standards that define the
acceptable management of hazardous waste during the period of interim status and
until certification of final closure or, if the facility is subject to post-closure care
requirements, until post-closure care responsibilities are fulfilled.
b) Except as provided in Section 725.980(b), the standards in this Part and 35 Ill.
Adm. Code 724.652 through 724.654 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 USC 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 care responsibilities under this Part are fulfilled,
and to those owners and operators of facilities in existence on November 19, 1980,
that have failed to provide timely notification as required by Section 3010(a) of
RCRA or that have failed to file Part A of the 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 USC 1431-1434; 33 USC 1401);
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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) of this Section.
2) This subsection corresponds with 40 CFR 265.1(c)(2), marked “reserved”
by USEPA. This statement maintains structural consistency with USEPA
rules;
3) The owner or operator of a POTW (publicly owned treatment works) that
treats, stores, or disposes of hazardous waste;
BOARD NOTE: The owner or operator of a facility under subsections
(c)(1) and (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.
4) This subsection corresponds with 40 CFR 265.1(c)(4), which pertains
exclusively to the applicability of the federal regulations in authorized
states. There is no need for a parallel provision in the Illinois regulations.
This statement maintains structural consistency with USEPA rules;
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;
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
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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 shall comply with the requirements set out
in Section 725.117(b);
11) Immediate response:
A) Except as provided in subsection (c)(11)(B) of this Section, 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; or
iv) An immediate threat to human health, public safety,
property, or the environment from the known or suspected
presence of military munitions, other explosive material, or
an explosive device, as determined by an explosives or
munitions emergency response specialist as defined in 35
Ill. Adm. Code 720.110.
B) An owner or operator of a facility otherwise regulated by this Part
shall comply with all applicable requirements of Subparts C and D
of this Part.
C) Any person that is covered by subsection (c)(11)(A) of this Section
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;
D) In the case of an explosives or munitions emergency response, if a
federal, state, or local official acting within the scope of his or her
official responsibilities or an explosives or munitions emergency
response specialist determines that immediate removal of the
material or waste is necessary to protect human health or the
environment, that official or specialist may authorize the removal
of the material or waste by transporters that do not have USEPA
identification numbers and without the preparation of a manifest.
In the case of emergencies involving military munitions, the
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responding military emergency response specialist’s organizational
unit shall retain records for three years identifying the dates of the
response, the responsible persons responding, the type and
description of material addressed, and its disposition;
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;
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;
C) Thermostats, as described in 35 Ill. Adm. Code 733.104; and
D) Lamps, as described in 35 Ill. Adm. Code 733.105; and .
E) Mercury-containing equipment as described in 35 I.. Adm. Code
733.106.
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
Subpart L of this Part;
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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 standards are considered material conditions or requirements of the interim
status standards of this Part.
f) 35 Ill. Adm. Code 726.505 identifies when the requirements of this Part apply to
the storage of military munitions classified as solid waste under 35 Ill. Adm. Code
726.302. The treatment and disposal of hazardous waste military munitions are
subject to the applicable permitting, procedural, and technical standards in 35 Ill.
Adm. Code 702, 703, 705, 720 through 726, and 728.
g) Other bodies of regulations may apply to 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 (potentially infectious medical waste),
depending on the provisions of those other regulations.
(Source: Amended at 24 Ill. Reg. 9575, effective June 20, 2000)
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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 Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and
Disposal Facilities
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: Wood Preserving Wastes
728.131 Waste-Specific Prohibitions:
Dioxin-Containing Wastes
728.132 Waste-Specific Prohibitions: Soils Exhibiting the Toxicity Characteristic for
Metals and Containing PCBs
728.133 Waste-Specific Prohibitions: Chlorinated Aliphatic Wastes
728.134 Waste-Specific Prohibitions: Toxicity Characteristic Metal Wastes
728.135 Waste-Specific Prohibitions:
Petroleum Refining Wastes
728.136 Waste-Specific Prohibitions: Inorganic Chemical Wastes
728.137 Waste-Specific Prohibitions: Ignitable and Corrosive Characteristic Wastes
Whose Treatment Standards Were Vacated
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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: 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
728.149 Alternative LDR Treatment Standards for Contaminated Soil
SUBPART E: PROHIBITIONS ON STORAGE
Section
728.150 Prohibitions on Storage of Restricted Wastes
Appendix A Toxicity Characteristic Leaching Procedure (TCLP) (Repealed)
Appendix B Treatment Standards (As concentrations in the Treatment Residual
Extract) (Repealed)
Appendix C List of Halogenated Organic Compounds Regulated under Section
728.132
Appendix D Wastes Excluded from Lab Packs
Appendix E Organic Lab Packs (Repealed)
Appendix F Technologies to Achieve Deactivation of Characteristics
Appendix G Federal Effective Dates
Appendix H National Capacity LDR Variances for UIC Wastes
Appendix I EP Toxicity Test Method and Structural Integrity Test
Appendix J Recordkeeping, Notification, and Certification Requirements (Repealed)
Appendix K Metal-Bearing Wastes Prohibited from Dilution in a Combustion Unit
According to Section 728.103(c)
Table A Constituent Concentrations in Waste Extract (CCWE)
Table B Constituent Concentrations in Wastes (CCW)
Table C Technology Codes and Description of Technology-Based Standards
Table D Technology-Based Standards by RCRA Waste Code
Table E Standards for Radioactive Mixed Waste
Table F Alternative Treatment Standards for Hazardous Debris
Table G Alternative Treatment Standards Based on HTMR
Table H Wastes Excluded from CCW Treatment Standards
Table I Generator Paperwork Requirements
Table T Treatment Standards for Hazardous Wastes
Table U Universal Treatment Standards (UTS)
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AUTHORITY: Implementing Sections 7.2 and 22.4 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 22.4 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. 7685, effective April 15, 1998; amended
in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17706, effective September 28, 1998; amended in R98-
21/R99-2/R99-7 at 23 Ill. Reg. 1964, effective January 19, 1999; amended in R99-15 at 23 Ill.
Reg. 9204, effective July 26, 1999; amended in R00-13 at 24 Ill. Reg. 9623, effective June 20,
2000; amended in R01-3 at 25 Ill. Reg. 1296, effective January 11, 2001; amended in R01-
21/R01-23 at 25 Ill. Reg. 9181, effective July 9, 2001; amended in R02-1/R02-12/R02-17 at 26
Ill. Reg. 6687, effective April 22, 2002; amended in R03-18 at 27 Ill. Reg. 13045, effective July
17, 2003.
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 a person has been granted an extension to the effective date of a
prohibition under Subpart C of this Part or pursuant to Section 728.105,
with respect to those wastes covered by the extension;
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2) Where a person has 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 which is otherwise prohibited under this Part is not
prohibited if the following is true of the waste:
A) The waste is disposed into a nonhazardous or hazardous waste
injection well, as defined in 35 Ill. Adm. Code 704.106(a); and
B) The waste does not exhibit any prohibited characteristic of
hazardous waste identified in Subpart C of 35 Ill. Adm. Code 721
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 specified method of treatment other than DEACT in
Section 728.140 or is D003 reactive cyanide:
A) Any of the following is true of either treatment or management of
the waste:
i) The waste is managed in a treatment system that
subsequently discharges to waters of the United States
pursuant to a permit issued under 35 Ill. Adm. Code 309;
ii) The waste is treated for purposes of the pretreatment
requirements of 35 Ill. Adm. Code 307 and 310; or
iii) The waste is managed in a zero discharge system engaged
in Clean Water Act (CWA)-equivalent treatment, as
defined in Section 728.137(a); and
B) 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 USC 9621(d)(4)).
e) The following hazardous wastes are not subject to any provision of this Part:
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1) Waste generated by small quantity generators of less than 100 kg of non-
acute hazardous waste or less than 1 kg of acute hazardous waste per
month, as defined in 35 Ill. Adm. Code 721.105;
2) Waste pesticide that a farmer disposes of pursuant to 35 Ill. Adm. Code
722.170;
3) Waste identified or listed as hazardous after November 8, 1984, for which
USEPA has not promulgated a land disposal prohibition or treatment
standard;
4) De minimis losses of waste that exhibits a characteristic of hazardous
waste to wastewaters are not considered to be prohibited waste and are
defined as losses from normal material handling operations (e.g., spills
from the unloading or transfer of materials from bins or other containers or
leaks 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; rinsate from empty containers or from
containers that are rendered empty by that rinsing; and laboratory waste
that does not exceed one percent 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
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
headworks does not exceed one percent or that the laboratory wastes’
combined annualized average concentration does not exceed one part per
million in the facility’s headworks.
f) A universal waste handler or universal waste transporter (as defined in 35 Ill.
Adm. Code 720.110) is exempt from Sections 728.107 and 728.150 for the
hazardous wastes listed below. Such a handler or transporter is subject to
regulation under 35 Ill. Adm. Code 733.
1) Batteries, as described in 35 Ill. Adm. Code 733.102;
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2) Pesticides, as described in 35 Ill. Adm. Code 733.103;
3) Thermostats, as described in 35 Ill. Adm. Code 733.104; and
4) Lamps, as described in 35 Ill. Adm. Code 733.105; and .
5) Mercury-containing equipment as described in 35 Ill. Adm. Code 733.106.
g) This Part is cumulative with the land disposal restrictions of 35 Ill. Adm. Code
729. The Environmental Protection Agency (Agency) must not issue a
wastestream authorization pursuant to 35 Ill. Adm. Code 709 or Section 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 27 Ill. Reg. 13045, effective July 17, 2003)
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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--Lamps.
733.106 Applicability--Mercury-Containing Equipment
733.107 Applicability--Mercury-Containing Lamps (Repealed)
733.108 Applicability--Household and Conditionally Exempt Small Quantity Generator
Waste
733.109 Definitions
SUBPART B: STANDARDS FOR SMALL QUANTITY HANDLERS
Section
733.110 Applicability
733.111 Prohibitions
733.112 Notification
733.113 Waste Management
733.114 Labeling and Marking
733.115 Accumulation Time Limits
733.116 Employee Training
733.117 Response to Releases
733.118 Off-Site Shipments
733.119 Tracking Universal Waste Shipments
733.120 Exports
SUBPART C: STANDARDS FOR LARGE QUANTITY HANDLERS
Section
733.130 Applicability
733.131 Prohibitions
733.132 Notification
733.133 Waste Management
733.134 Labeling and Marking
733.135 Accumulation Time Limits
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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 Shipments
733.156 Exports
SUBPART E: STANDARDS FOR DESTINATION FACILITIES
Section
733.160 Applicability
733.161 Off-Site Shipments
733.162 Tracking Universal Waste Shipments
SUBPART F: IMPORT REQUIREMENTS
Section
733.170 Imports
SUBPART G: PETITIONS TO INCLUDE OTHER WASTES
Section
733.180 General
733.181 Factors for Petitions to Include Other Wastes
AUTHORITY: Implementing Sections 7.2, 22.4 and 22.23a and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/7.2, 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. 7650, effective April 15, 1998; amended in R99-15 at 23 Ill. Reg. 9502, effective July 26,
1999; amended in R00-13 at 24 Ill. Reg. 9874, effective June 20, 2000.
SUBPART A: GENERAL
Section 733.101 Scope
a) This Part establishes requirements for managing the following:
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1) Batteries, as described in Section 733.102;
2) Pesticides, as described in Section 733.103;
3) Thermostats, as described in Section 733.104; and
4) Lamps, as described in Section 733.105; and .
5) Mercury-containing equipment, as described in 733.106.
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 24 Ill. Reg. 9874, effective June 20, 2000.)
Section 733.106 Applicability--Mercury-Containing Equipment
a) Mercury-containing equipment covered under this Part. The requirements of this
Part apply to persons managing mercury-containing equipment as described in
Section 733.109, except those listed in subsection (b) of this Section.
b) Mercury-containing equipment not covered under this Part. The requirements of
this Part do not apply to persons managing the following mercury-containing
equipment:
1) Mercury-containing equipment that is not yet a waste under 35 Ill. Adm.
Code 721. Subsection (c) of this Section describes when mercury-
containing equipment becomes a waste.
2) Mercury-containing equipment that is not a hazardous waste. Mercury-
containing equipment is a hazardous waste if it exhibits one or more of the
characteristics identified in 35 Ill. Adm. Code 721.Subpart C.
c) Generation of waste mercury-containing equipment.
1) Used mercury-containing equipment becomes a waste on the day it is
discarded.
2) Unused mercury-containing equipment becomes a waste on the day the
handler decides to discard it.
Section 733.109 Definitions
“Battery” means a device consisting of one or more electrically connected
electrochemical cells that is designed to receive, store, and deliver electric energy.
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An electrochemical cell is a system consisting of an anode, cathode, and an
electrolyte, plus such connections (electrical and mechanical) as may be needed to
allow the cell to deliver or receive electrical energy. The term battery also includes
an intact, unbroken battery from which the electrolyte has been removed.
“Destination facility” means a facility that treats, disposes of, or recycles a particular
category of universal waste, except those management activities described in
Sections 733.113 (a) and (c) and 733.133 (a) and (c). A facility at which a particular
category of universal waste is only accumulated is not a destination facility for
purposes of managing that category of universal waste.
“FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC
136 through 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.
“Lamp” or “universal waste lamp” is defined as the bulb or tube portion of an
electric lighting device. A lamp is specifically designed to produce radiant
energy, most often in the ultraviolet, visible, or infra-red regions of the
electromagnetic spectrum. Common examples of universal waste electric lamps
include, but are not limited to, fluorescent, high intensity discharge, neon,
mercury vapor, high pressure sodium, and metal halide lamps.
“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, thermostats, or lamps, or mercury-
containing equipment, 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.
“Mercury-containing equipment” means mercury switches and mercury relays,
and scientific instruments and instructional equipment containing mercury added
during their manufacture.
“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).
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“Mercury relay” means a product or device, containing mercury added during its
manufacture, that opens or closes electrical contacts to effect the operation of
other devices in the same or another electrical circuit. Mercury relay includes,
but is not limited to, mercury displacement relays, mercury wetted reed relays,
and mercury contact relays.
[415 ILCS 5/3.283]
“Mercury switch” means a product or device, containing mercury added during
its manufacture, that opens or closes an electrical circuit or gas valve, including,
but not limited to, mercury float switches actuated by rising or falling liquid
levels, mercury tilt switches actuated by a change in the switch position, mercury
pressure switches actuated by a change in pressure, mercury temperature
switches actuated by a change in temperature, and mercury flame sensors.
[415
ILCS 5/3.284]
“On-site” means the same or geographically contiguous property that may be
divided by public or private right-of-way, provided that the entrance and exit
between the properties is at a cross-roads intersection, and access is by crossing as
opposed to going along the right of way. Non-contiguous properties, owned by the
same person but connected by a right-of-way that that person controls and to which
the public does not have access, are also considered on-site property.
“Pesticide” means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest or intended for use as a plant regulator,
defoliant, or desiccant, other than any article that fulfills one of the following
descriptions:
It is a new animal drug under Section 201(v) of the Federal Food, Drug and
Cosmetic Act (FFDCA; 21 USC 321(v)), incorporated by reference in 35 Ill.
Adm. Code 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 35 Ill. Adm. Code 720.111, to be an
exempted new animal drug; or
It is an animal feed under FFDCA Section 201(w) (21 USC 321(w)),
incorporated by reference in 35 Ill. Adm. Code 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 USC 136(u)). The
three exceptions, taken together, appear intended not to include as
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“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.
“Small quantity handler of universal waste” means a universal waste handler (as
defined in this Section) that does not accumulate 5,000 kilograms or more total of
universal waste (batteries, pesticides, thermostats, or lamps, or mercury-
containing equipment, calculated collectively) at any time.
“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 Section 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;
Thermostats, as described in Section 733.104; and
Lamps, as described in Section 733.105; and .
Mercury-containing equipment, as described in Section 733.106.
“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
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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: Renumbered from Section 733.106 and amended at 24 Ill. Reg. 9874, effective June
20, 2000)
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 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 shall contain any universal
waste battery that shows evidence of leakage, spillage, or damage that
could cause leakage under reasonably foreseeable conditions in a
container. The container must be closed, structurally sound, compatible
with the contents of the battery, and must lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions.
2) A small quantity handler of universal waste may conduct the following
activities, as long as the casing of each individual battery cell is not
breached and remains intact and closed (except that cells may be opened
to remove electrolyte but must be immediately closed after removal):
A) Sorting batteries by type;
B) Mixing battery types in one container;
C) Discharging batteries so as to remove the electric charge;
D) Regenerating used batteries;
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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 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;
2) A container that does not meet the requirements of subsection (b)(1) of
this Section, provided that the unacceptable container is overpacked in a
container that does meet the requirements of subsection (b)(1);
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3) A tank that meets the requirements of 35 Ill. Adm. Code 725.Subpart J,
except for 35 Ill. Adm. Code 725.297(c), 265.300, and 265.301; or
4) A transport vehicle or vessel that is closed, structurally sound, compatible
with the pesticide, and that lacks evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions.
c) Universal waste thermostats and mercury-containing equipment. A small quantity
handler of universal waste shall manage universal waste thermostats and mercury-
containing equipment 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 or mercury-containing equipment 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 or
mercury-containing equipment, 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 or mercury-
containing equipment provided the handler follows each of the following
procedures:
A) It removes the ampules in a manner designed to prevent breakage
of the ampules;
B) It removes ampules only over or in a containment device (e.g., tray
or pan sufficient to collect and contain any mercury released from
an ampule in case of breakage);
C) It ensures that a mercury clean-up system is readily available to
immediately transfer any mercury resulting from spills or leaks
from broken ampules, from the containment device to a container
that meets the requirements of 35 Ill. Adm. Code 722.134;
D) It immediately transfers any mercury resulting from spills or leaks
from broken ampules from the containment device to a container
that meets the requirements of 35 Ill. Adm. Code 722.134;
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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; and
H) It packs removed ampules in the container with packing materials
adequate to prevent breakage during storage, handling, and
transportation.
3) Required hazardous waste determination and further waste management.
A) A small quantity handler of universal waste that removes mercury-
containing ampules from thermostats or mercury-containing
equipment 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 or mercury-containing equipment).
B) If the mercury, residues, or other solid waste exhibits a
characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code
702 through 705, 720 through 726, and 728. The handler is
considered the generator of the mercury, residues, or other waste
and shall manage it as 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.
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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 regulations apply to the waste.
Consult the ordinances of relevant units of local government to
determine whether local requirements apply.
d) Lamps. A small quantity handler of universal waste shall manage 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 lamps shall contain all lamps
in containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the lamps. Such containers
and packages must remain closed 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 lamps shall immediately clean
up and place in a container any lamp that is broken, and the small quantity
handler shall place in a container any lamp that shows evidence of
breakage, leakage, or damage that could cause the release of mercury or
other hazardous constituents to the environment. Any container used must
be closed, structurally sound, compatible with the contents of the lamps,
and must lack evidence of leakage, spillage, or damage that could cause
leakage or releases of mercury or other hazardous constituents to the
environment under reasonably foreseeable conditions.
3) Small quantity handlers of universal waste lamps may treat those 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
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iii) The technology employed for crushing, including any
certification or testing data provided by the manufacturer of
the crushing unit verifying that the crushing device
achieves the emission controls required in subsection
(d)(5)(A) of this Section;
C) The handler immediately transfers any material recovered from a
spill or leak to a container that meets the requirements of 40 CFR
262.34, and has available equipment necessary to comply with this
requirement;
D) The handler ensures that the area in which the lamps are crushed is
well-ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
E) The handler ensures that employees crushing lamps are thoroughly
familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment
devices to appropriate containers; and
F) The crushed lamps are stored in closed, non-leaking containers that
are in good condition (e.g., no severe rusting, apparent structural
defects or deterioration), suitable to prevent releases during
storage, handling and transportation.
BOARD NOTE: Subsection (d) of this Section was added pursuant to Section
22.23a of the Act [415 ILCS 5/22.23a].
(Source: Amended at 24 Ill. Reg. 9874, effective June 20, 2000)
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-Batteries”, “Waste Batteries”, or “Used Batteries”;
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:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
13
1) The label that was on or accompanied the product as sold or distributed;
and
2) The words “Universal Waste-Pesticides” or “Waste-Pesticides”;
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) of this Section
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)
of this Section 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-Pesticides” or “Waste-Pesticides”;
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 Thermostats”, or “Waste Mercury
Thermostats”, or “Used Mercury Thermostats”; and
e) Each lamp or a container or package in which such lamps are contained must be
labeled or clearly marked with one of the following phrases: “Universal Waste--
Lamps”, “Waste Lamps” or “Used Lamps”.
f) Mercury-containing equipment, or a container in which the equipment is
contained, must be labeled or marked clearly with any of the following phrases:
“Universal Waste- Mercury-Containing Equipment,” or “Waste Mercury-
Containing Equipment,” or “Used Mercury-Containing Equipment.”
(Source: Amended at 24 Ill. Reg. 9874, effective June 20, 2000)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
14
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) of this Section, 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 received a USEPA Identification Number is not required to renotify
under this Section.
3) A large quantity handler of universal waste that manages recalled
universal waste pesticides, as described in Section 733.103(a)(1), and that
has sent notification to USEPA or the Agency, as required by 40 CFR 165,
is not required to notify for those recalled universal waste pesticides under
this Section.
b) This notification must include:
1) The universal waste handler’s name and mailing address;
2) The name and business telephone number of the person at the universal
waste handler’s site who should be contacted regarding universal waste
management activities;
3) The address or physical location of the universal waste management
activities;
4) A list of all of the types of universal waste managed by the handler (e.g,
batteries, pesticides, thermostats, or lamps, or mercury-containing
equipment); and
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, or lamps, or mercury-containing
equipment) the handler is accumulating above this quantity.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
15
BOARD NOTE: At 60 Fed. Reg. 25520-21 (May 11, 1995), USEPA explained
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.
(Source: Amended at 24 Ill. Reg. 9874, effective June 20, 2000)
Section 733.133 Waste Management
a) Universal waste batteries. A large quantity handler of universal waste shall
manage universal waste batteries 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 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.
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
16
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.
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 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 manner 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) of
this Section, 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.
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17
c) Universal waste thermostats and mercury-containing equipment. A large quantity
handler of universal waste shall manage universal waste thermostats and mercury-
containing equipment 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 shall contain any universal
waste thermostat or mercury-containing equipment 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/or
equipment, 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-
containing ampules from universal waste thermostats or mercury-
containing equipment provided the handler follows each of the following
procedures:
A) It removes the ampules in a manner designed to prevent breakage
of the ampules;
B) It removes ampules only over or in a containment device (e.g., tray
or pan sufficient to collect and contain any mercury released from
an ampule in case of breakage);
C) It ensures that a mercury clean-up system is readily available to
immediately transfer any mercury resulting from spills or leaks
from broken ampules, from the containment device to a container
that meets the requirements of 35 Ill. Adm. Code 722.134;
D) It immediately transfers any mercury resulting from spills or leaks
from broken ampules from the containment device to a container
that meets the requirements of 35 Ill. Adm. Code 722.134;
E) It ensures that the area in which ampules are removed is well
ventilated and monitored to ensure compliance with applicable
OSHA exposure levels for mercury;
F) It ensures that employees removing ampules are thoroughly
familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment
devices to appropriate containers;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
18
G) It stores removed ampules in closed, non-leaking containers that
are in good condition; and
H) It packs removed ampules in the container with packing materials
adequate to prevent breakage during storage, handling, and
transportation.
3) Required hazardous waste determination and further waste management.
A) A large quantity handler of universal waste that removes mercury-
containing ampules from thermostats or mercury-containing
equipment 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 or mercury-containing equipment).
B) If the mercury, residues, or other solid waste exhibits a
characteristic of hazardous waste, it must be managed in
compliance with all applicable requirements of 35 Ill. Adm. Code
702 through 705, 720 through 726, and 728. The handler is
considered the generator of the mercury, residues, or other waste
and is subject to 35 Ill. Adm. Code 722.
C) If the mercury, residues, or other solid waste is not hazardous, the
handler may manage the waste in any way that is in compliance
with applicable federal, State, or local solid (nonhazardous) waste
regulations.
BOARD NOTE: See generally the Act and 35 Ill. Adm. Code 807
through 817 to determine whether additional facility siting, special
waste, or nonhazardous waste regulations apply to the waste.
Consult the ordinances of relevant units of local government to
determine whether local requirements apply.
d) Lamps. A large quantity handler of universal waste shall manage lamps in a
manner that prevents releases of any universal waste or component of a universal
waste to the environment, as follows:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
19
1) A large quantity handler of universal waste lamps shall contain all lamps
in containers or packages that are structurally sound, adequate to prevent
breakage, and compatible with the contents of the lamps. Such containers
and packages must remain closed 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 lamps shall immediately clean
up and place in a container any lamp that is broken, and the large quantity
handler shall place in a container any lamp that shows evidence of
breakage, leakage, or damage that could cause the release of mercury or
other hazardous constituents to the environment. Any container used must
be closed, structurally sound, compatible with the contents of the lamps,
and must lack evidence of leakage, spillage, or damage that could cause
leakage or releases of mercury or other hazardous constituents to the
environment under reasonably foreseeable conditions.
3) Large quantity handlers of universal waste lamps may treat those 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;
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
20
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].
(Source: Amended at 24 Ill. Reg. 9874, effective June 20, 2000)
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-Batteries”; or “Waste Batteries”; or “Used
Batteries”;
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-Pesticides” or “Waste-Pesticides”;
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:
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
21
A) The label that was on the product when purchased, if still legible;
B) If using the labels described in subsection (c)(1)(A) of this Section
is not feasible, the appropriate label as required under the USDOT
regulation 49 CFR 172; or
C) If using the labels described in subsections (c)(1)(A) and (c)(1)(B)
of this Section is not feasible, another label prescribed or
designated by the pesticide collection program; and
2) The words “Universal Waste-Pesticides” or “Waste-Pesticides”;
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 Thermostats”, or “Waste
Mercury Thermostats”, or “Used Mercury Thermostats”; and
e) Each lamp or a container or package in which such lamps are contained must be
labeled or clearly marked with any one of the following phrases: “Universal
Waste-Lamps”, “Waste Lamps” or “Used Lamps”.
f) Mercury-containing equipment, or a container in which the equipment is
contained, must be labeled or marked clearly with any of the following phrases:
“Universal Waste- Mercury-Containing Equipment,” or “Waste Mercury-
Containing Equipment,” or “Used Mercury-Containing Equipment.”
(Source: Amended at 24 Ill. Reg. 9874, effective June 20, 2000)
R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Illinois General Assembly - Full Text of Public Act 093-0964
Public Act 093-0964
SB2551 Enrolled
LRB093 20824 MKM 46749 b
AN ACT in relation to public health and environmental
protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Sections 3.283, 3.284, and 22.23b as follows:
(415 ILCS 5/3.283 new)
Sec. 3.283. Mercury relay. "Mercury relay" means a product
or device, containing mercury added during its manufacture,
that opens or closes electrical contacts to effect the
operation of other devices in the same or another electrical
circuit. "Mercury relay" includes, but is not limited to,
mercury displacement relays, mercury wetted reed relays, and
mercury contact relays.
(415 ILCS 5/3.284 new)
Sec. 3.284. Mercury switch. "Mercury switch" means a
product or device, containing mercury added during its
manufacture, that opens or closes an electrical circuit or gas
valve, including, but not limited to, mercury float switches
actuated by rising or falling liquid levels, mercury tilt
switches actuated by a change in the switch position, mercury
pressure switches actuated by a change in pressure, mercury
temperature switches actuated by a change in temperature, and
mercury flame sensors.
(415 ILCS 5/22.23b new)
Sec. 22.23b. Mercury and mercury-added products.
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Illinois General Assembly - Full Text of Public Act 093-0964
(a) Beginning July 1, 2005, no person shall purchase or
accept, for use in a primary or secondary school classroom,
bulk elemental mercury, chemicals containing mercury
compounds, or instructional equipment or materials containing
mercury added during their manufacture. This subsection (a)
does not apply to: (i) other products containing mercury added
during their manufacture that are used in schools and (ii)
measuring devices used as teaching aids, including, but not
limited to, barometers, manometers, and thermometers, if no
adequate mercury-free substitute exists.
(b) Beginning July 1, 2007, no person shall sell, offer to
sell, distribute, or offer to distribute a mercury switch or
mercury relay individually or as a product component. For a
product that contains one or more mercury switches or mercury
relays as a component, this subsection (b) is applicable to
each component part or parts and not the entire product. This
subsection (b) does not apply to the following:
(1) Mercury switches and mercury relays used in medical
diagnostic equipment regulated under the federal Food,
Drug, and Cosmetic Act.
(2) Mercury switches and mercury relays used at
electric generating facilities.
(3) Mercury switches in thermostats used to sense and
control room temperature.
(4) Mercury switches and mercury relays required to be
used under federal law or federal contract specifications.
(5) A mercury switch or mercury relay used to replace a
mercury switch or mercury relay that is a component in a
larger product in use prior to July 1, 2007, and one of the
following applies:
(A) The larger product is used in manufacturing; or
(B) The mercury switch or mercury relay is
integrated and not physically separate from other
components of the larger product.
(c) No later than July 1, 2006, the manufacturer of a
mercury switch or mercury relay, or a scientific instrument or
piece of instructional equipment containing mercury added
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Illinois General Assembly - Full Text of Public Act 093-0964
during its manufacture, may apply to the Agency for an
exemption from the provisions of this Section for one or more
specific uses of the switch, relay, instrument, or piece of
equipment by filing a written petition with the Agency. The
Agency may grant an exemption, with or without conditions, if
the manufacturer demonstrates the following:
(1) A convenient and widely available system exists for
the proper collection, transportation, and processing of
the switch, relay, instrument, or piece of equipment at the
end of its useful life; and
(2) The specific use or uses of the switch, relay,
instrument, or piece of equipment provides a net benefit to
the environment, public health, or public safety when
compared to available nonmercury alternatives.
Before approving any exemption under this subsection (c)
the Agency must consult with other states to promote
consistency in the regulation of products containing mercury
added during their manufacture. Exemptions shall be granted for
a period of 5 years. The manufacturer may request renewals of
the exemption for additional 5-year periods by filing
additional written petitions with the Agency. The Agency may
renew an exemption if the manufacturer demonstrates that the
criteria set forth in paragraphs (1) and (2) of this subsection
(c) continue to be satisfied. All petitions for an exemption or
exemption renewal shall be submitted on forms prescribed by the
Agency.
The Agency must adopt rules for processing petitions
submitted pursuant to this subsection (c). The rules shall
include, but shall not be limited to, provisions allowing for
the submission of written public comments on the petitions.
(d) No later than January 1, 2005, the Agency must submit
to the Governor and the General Assembly a report that includes
the following:
(1) An evaluation of programs to reduce and recycle
mercury from mercury thermostats and mercury vehicle
components; and
(2) Recommendations for altering the programs to make
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Illinois General Assembly - Full Text of Public Act 093-0964
them more effective.
In preparing the report the Agency may seek information
from and consult with, businesses, trade associations,
environmental organizations, and other government agencies.
(e) Mercury switches and mercury relays, and scientific
instruments and instructional equipment containing mercury
added during their manufacture, are hereby designated as
categories of universal waste subject to the streamlined
hazardous waste rules set forth in Title 35 of the Illinois
Administrative Code, Subtitle G, Chapter I, Subchapter c, Part
733 ("Part 733"). Within 60 days of the effective date of this
amendatory Act of the 93rd General Assembly, the Agency shall
propose, and within 180 days of receipt of the Agency's
proposal the Board shall adopt, rules that reflect this
designation and that prescribe procedures and standards for the
management of such items as universal waste.
If the United States Environmental Protection Agency
adopts streamlined hazardous waste regulations pertaining to
the management of mercury switches or mercury relays, or
scientific instruments or instructional equipment containing
mercury added during their manufacture, or otherwise exempts
such items from regulation as hazardous waste, the Board shall
adopt equivalent rules in accordance with Section 7.2 of this
Act within 180 days of adoption of the federal regulations. The
equivalent Board rules may serve as an alternative to the rules
adopted under subsection (1) of this subsection (e).
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date:
8/20/2004
Floor Actions
Date
Action
8/20/2004
Public Act . . . . . . . . .093-0964
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R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
Wednesday,
June 12, 2002
Part IV
Environmental
Protection Agency
40 CFR Part 260 et al.
Hazardous Waste Management System;
Modification of the Hazardous Waste
Program; Cathode Ray Tubes and
Mercury-Containing Equipment; Proposed
Rule
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R2005-008, RECEIVED AT CLERK'S OFFICE, OCTOBER 19, 2004
40508
Federal Register
/ Vol. 67, No. 113 / Wednesday, June 12, 2002 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260, 261, 264, 268, 270,
and 273
[FRL–7217–7]
RIN 2050–AE52
Hazardous Waste Management
System; Modification of the Hazardous
Waste Program; Cathode Ray Tubes
and Mercury-Containing Equipment
AGENCY:
Environmental Protection
Agency.
ACTION:
Proposed rule.
SUMMARY:
Many used cathode ray tubes
(CRTs) and items of mercury-containing
equipment are currently classified as
characteristic hazardous wastes under
the Resource Conservation and
Recovery Act (RCRA). They are
therefore subject to the hazardous waste
regulations of RCRA Subtitle C unless
they come from a household or a
conditionally exempt small quantity
generator. Today, the Environmental
Protection Agency (EPA) proposes and
seeks comment on an exclusion from
the definition of solid waste which
would streamline RCRA management
requirements for used cathode ray tubes
(CRTs) and glass removed from CRTs
sent for recycling. In today’s notice, the
Agency also clarifies the status of used
CRTs sent for reuse. In addition, EPA
proposes and seeks comment on
streamlining management requirements
for used mercury-containing equipment
by adding it to the federal list of
universal wastes.
DATES:
To make sure EPA considers
your comments or suggested revisions to
this proposal, they must be postmarked
on or before August 12, 2002.
ADDRESSES:
Commenters must send an
original and two copies of their
comments referencing docket number
F–2002–CRTP–FFFFF to: RCRA Docket
Information Center, Office of Solid
Waste (5305G), U.S. Environmental
Protection Agency Ariel Rios Building,
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Hand deliveries
of comments should be made to the
Arlington, VA address listed in the
SUPPLEMENTARY INFORMATION
section
below. Comments may also be
submitted electronically to
rcra-
docket@epamail.epa.gov.
See the
beginning of the
SUPPLEMENTARY
INFORMATION
section for instructions on
electronic submissions.
Public comments and supporting
materials are available for viewing in
the RCRA Docket and Information
Center (RIC) located at Crystal Gateway
1, First Floor, 1235 Jefferson Davis
Highway, Arlington, VA. The docket is
open from 9 a.m. to 4 p.m., Monday
through Friday, excluding federal
holidays. To review docket materials, it
is recommended that the public make
an appointment by calling (703) 603–
9230. The public may copy a maximum
of 100 pages from the regulatory docket
at no charge. Additional copies cost
$0.15/page. The index is available
electronically. See the
SUPPLEMENTARY
INFORMATION
section for information on
accessing it.
FOR FURTHER INFORMATION CONTACT:
For
general information, contact the RCRA/
Superfund/EPCRA/UST Call Center at
(800) 424–9346 (toll free) or TDD (800)
553–7672 (hearing impaired). In the
Washington, DC metropolitan area, call
(703) 412–9810 or TDD (703) 412–3323.
For more detailed information on
specific aspects of this rulemaking,
contact Ms. Marilyn Goode, Office of
Solid Waste (5304W), U.S.
Environmental Protection Agency, Ariel
Rios Building, 1200 Pennsylvania
Avenue NW, Washington, DC 20460,
(703) 308–8800, electronic mail:
goode.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Comment Submission
You may submit comments
electronically through the Internet to:
rcra-docket@epa.gov. You should
identify comments in electronic format
with the docket number F–2002–CRTP–
FFFFF. All electronic comments must
be submitted as an ASCII (text) file
avoiding the use of special characters
and any form of encryption. If possible,
EPA’s Office of Solid Waste (OSW)
would also like to receive an additional
copy of the comments on disk in
WordPerfect 6.1 file format.
Commenters should not submit
electronically any confidential business
information (CBI). An original and two
copies of CBI must be submitted under
separate cover to: RCRA CBI Document
Control Officer, Office of Solid Waste
(5305W), U.S. EPA, 1200 Pennsylvania
Avenue NW, Washington, DC 20460. If
possible, please provide two non-CBI
summaries of any CBI information.
Some of the supporting documents in
the docket also are available in
electronic format on the Internet at URL:
http://www.epa.gov/epaoswer/
hazwaste/recycle/electron/crt.htm.
EPA will keep the official record for
this action in paper form. Accordingly,
we will transfer all comments received
electronically into paper form and place
them in the official record, which also
will include all comments submitted
directly in writing. The official
administrative file is the paper file
maintained at the RCRA Docket, the
address of which is in
ADDRESSES
at the
beginning of this document.
EPA’s responses to public comments,
whether the comments are received in
written or electronic format, will be
published in the
Federal Register
or in
a response to comments document
placed in the public docket. We will not
reply immediately to commenters
electronically other than to seek
clarification of electronic comments that
may be garbled in transmission or
during conversion to paper form, as
discussed above.
You may view public comments and
the supporting materials for the issues
and memoranda discussed below in the
RCRA Information Center (RIC) located
at Crystal Gateway 1, First Floor, 1235
Jefferson Davis Highway, Arlington, VA.
The RIC is open from 9 a.m. to 4 p.m.,
Monday through Friday, excluding
federal holidays. To review file
materials, we recommend that you make
an appointment by calling (703) 603–
9230. You may copy a maximum of 100
pages from any file maintained at the
RCRA Docket at no charge. Additional
copies cost $0.15 per page.
Preamble Outline
I. Legal Authority
II. List of Abbreviations and Acronyms
III. Cathode Ray Tubes
A. What Is the Purpose of EPA’s Proposal?
B. What Are Cathode Ray Tubes?
C. Why Are Cathode Ray Tubes An
Environmental Concern?
D. How Are Used Cathode Ray Tubes
Currently Managed?
E. How Do EPA’s Current Regulations
Apply to CRTs and Other Electronic
Materials?
F. What Are The Common Sense Initiative
(CSI) Recommendations?
G. Proposed Requirements for Used CRTs
Undergoing Recycling
H. Solicitation of Comment on EPA’s
Proposed Management Requirements for
Used CRTs and Processed CRT Glass
IV. Mercury-Containing Equipment
A. What Is ‘‘Mercury-Containing
Equipment?’’
B. Why Is EPA Proposing to Add Mercury-
Containing Equipment To The List of
Universal Wastes?
C. What Are EPA’s Proposed Management
Requirements for Used Mercury-
Containing Equipment?
D. Solicitation of Comment on Universal
Waste Notification Requirements
V. State Authority
A. Applicability of Rules in Authorized
States
B. Effect on State Authorization
C. Interstate Transport
VI. Regulatory Requirements
A. Executive Order 12866
B. Regulatory Flexibility Act (RFA) as
amended by the Small Business
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Enforcement Fairness Act of 1996
(SBREFA), 5 U.S.C. 601
et seq.
C. Paperwork Reduction Act
D. Unfunded Mandates
E. Executive Order 13132
F. Executive Order 13175
G. Executive Order 13045
H. Executive Order 13211
I. National Technology Transfer and
Advancement Act of 1995
J. Environmental Justice
I. Legal Authority
These regulations are proposed under the
authority of sections 2002(a), 3001, 3002,
3004, and 3006 of the Solid Waste Disposal
Act of 1970, as amended by the Resource
Conservation and Recovery Act of 1976
(RCRA), and as amended by the Hazardous
and Solid Waste Amendments of 1984
(HSWA), 42 U.S.C. 6912(a), 6921, 6922, 6924,
and 6926.
II. List of Abbreviations and Acronyms
CES Computers and Electronics
Subcommittee
CFR Code of Federal Regulations
CRT Cathode Ray Tube
CSI Common Sense Initiative
DOT Department of Transportation
FPD Flat Panel Display
HDTV High Definition Television
LCD Liquid Crystal Display
LDR
LQHUW Large Quantity Handler of
Universal Waste
OECD Organization for Economic
Cooperation and Development
OSHA Occupational Safety and Health
Administration
RCRA Resource Conservation and Recovery
Act
SQHUW Small Quantity Handler of
Universal Waste
TC Toxicity Characteristic
TCLP Toxicity Characteristic Leaching
Procedure
TSDF Treatment, Storage and Disposal
Facility
TV Television
USWAG Utility Solid Waste Activities
Group
UWR Universal Waste Rule
WTE Waste-to-Energy
III. Cathode Ray Tubes
A. What Is The Purpose of EPA’s
Proposal?
Technological advances in
information management and
communication have improved the
quality of people
’
s lives in countless
ways. However, our growing use of
electronic products at home and in the
workplace has given us a new
environmental challenge: Electronics
waste. Today
’
s proposed rule is an
important step towards meeting the
challenge of managing electronics waste
in a way that is environmentally sound
while at the same time encouraging the
reuse and recycling of these materials.
EPA estimates that about 57 million
televisions and computers are sold
annually to households and businesses
in the United States. These purchasers
often do not discard older models when
buying newer versions of the same
products. Consumers (both business and
household) frequently store their retired
products. Experts agree that the average
household may have between two and
three units in storage. The numbers of
units (mainly computers) stored by
businesses are of course much greater.
In total, approximately 20 to 24 million
computers and televisions are added to
storage each year. Over the next decade,
storage is expected to increase at a faster
rate because of advances in digital
technology for televisions. Just as
advances in computer speed and
software have made older computers
uneconomical to repair, newer digital
broadcast standards are likely to reduce
the repair and resale value of older
televisions.
Recycling glass from computers and
televisions is still largely a new
industry. However, the number of units
available for reuse or recycling is
growing rapidly, and state and industry
initiatives to promote recycling are
increasing. EPA is eager to see this
industry grow, in part because reusing
and recycling these materials saves
valuable natural resources and avoids
their disposal in landfills and
incinerators. The Agency must, of
course, assure that materials under
RCRA jurisdiction are managed in a way
that protects human health and the
environment.
Today, the Agency seeks comment on
streamlining management requirements
for used CRTs and processed CRT glass
by proposing a conditional exclusion
from the definition of solid waste for
these materials when they are recycled
(see proposed 40 CFR 261.4(a)(23) and
261.4(b)(39)). The purpose of these
proposed simplified requirements is to
encourage greater reuse, recycling, and
better management of this growing
wastestream, while maintaining
necessary environmental protection. We
are also soliciting comment on certain
conditions intended to ensure that the
materials are handled as commodities
rather than wastes.
B. What Are Cathode Ray Tubes?
Cathode ray tubes (CRTs) are vacuum
tubes, made primarily of glass, which
constitute the video display components
of televisions and computer monitors.
CRT sizes are typically measured from
one corner; the diagonal of a CRT
display generally ranges from 1 to 38
inches. Other types of CRTs include
medical, automotive, oscilloscope, and
appliance CRTs, which are typically 12
inches diagonal or smaller, while
military and aircraft control tower CRTs
may be much larger.
CRTs are built of a specialized glass
that often contains lead. They consist of
four major parts: A glass panel
(faceplate); a shadow mask; a glass
funnel; and a glass neck which houses
the electron gun. The glass panel is the
front of the CRT that the viewer sees
when looking at a TV or computer
screen. The shadow mask is a thin metal
sheet with holes that is located
immediately behind the glass panel.
Attached to the back of the glass panel
is the glass funnel. The panel and
funnel are joined with the shadow mask
and sealed together with a low-
temperature glass frit, consisting of
solder glass containing organic binders.
The back end of the CRT is the glass
neck that holds the electron gun. This
gun produces the electrons that strike
the glass panel, resulting in viewable
images on the display surface. A CRT is
assembled into a monitor, a unit that
includes several other parts, including a
plastic cabinet, electromagnetic shields,
circuit boards, connectors, and cabling.
C. Why Are Cathode Ray Tubes an
Environmental Concern?
Under Subtitle C of RCRA, a solid
waste is a hazardous waste if it exhibits
one or more of the characteristics of
ignitability, corrosivity, reactivity, or
toxicity in 40 CFR part 261, subpart C,
or if it is a listed hazardous waste in part
261, subpart D. The RCRA regulations
set forth requirements for hazardous
waste generators, transporters, and
owners and operators of treatment,
storage, and disposal facilities (TSDFs).
EPA regulations also contain exclusions
for certain wastes from the definition of
solid waste or hazardous waste (40 CFR
261.4)(a) and (b)). In addition, EPA has
developed streamlined rules for
particular wastes, including recyclable
wastes (40 CFR part 266) and universal
wastes such as batteries, pesticides,
thermostats, and lamps that are widely
generated by different industries (40
CFR part 273).
Manufacturers generally use
significant quantities of lead to make
color cathode ray tubes. Televisions and
color computer monitors contain an
average of four pounds of lead (the exact
amount depends on size and make).
Lead is present in the panel glass,
funnel, neck, and glass frit of color
CRTs, with the highest concentrations
usually found in the frit and funnel
glass. The amount of lead used in some
manufacturing processes of CRTs
appears to be decreasing. However,
according to a study of CRTs published
by the University of Florida, the average
concentration of lead in leachate from
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colored CRT glass generated through
EPA
’
s toxicity characteristic leaching
procedure (TCLP) was 22.2 milligrams
per liter (mg/l). This level is
considerably above the toxicity
characteristic regulatory level of 5
milligrams per liter that is used to
classify lead-containing wastes as
hazardous (40 CFR 261.24(b)). For
monochrome CRTs, the average lead
leachate concentration was 0.03 mg/l.
These data appear to indicate that black
and white monitors do not generally fail
the TC. The faceplate also does not
usually fail the TC.
Other hazardous constituents
sometimes present in CRT glass are
mercury, cadmium, and arsenic.
However, these constituents are found
in very low concentrations that are
unlikely to exceed the TC concentration
limits (
see Characterization of Lead
Leachability from Cathode Ray Tubes
Using the Toxicity Characteristic
Leaching Procedure,
T.G. Townsend
et
al.,
University of Florida, 1999). Flat
panel displays (FPDs) have emerged on
the electronics market as a replacement
for CRTs in certain applications,
primarily because FPDs are lighter,
smaller, and more portable, and they
consume less energy during operation.
FPDs generally contain no lead, but may
contain encapsulated mercury in small
amounts.
D. How Are Used Cathode Ray Tubes
Currently Managed?
1. Reuse
Many used computers are resold or
donated so that they can be used again,
either as is or after minor repairs.
Although the Agency has no legal
jurisdiction over reused computers, we
encourage this option as a responsible
way to manage these materials, because
preventing or delaying the generation of
waste often conserves resources. This
option extends the lives of valuable
products and keeps them out of the
waste management system for a longer
time. Reuse also allows schools, non-
profit organizations, and individual
families to use equipment that they
otherwise could not afford. Many
markets for reuse of computers are
located abroad, particularly in countries
where few may be able to purchase
state-of-the-art new equipment.
Organizations which handle used
computers vary from area to area. In
some cases, nonprofit organizations
such as charities and school districts
take donations of used computer
equipment. These organizations may
test the equipment, and, if necessary,
rewire it and replace various parts,
including the electron gun, before
sending them for reuse. In other cases,
the entities that collect the CRTs send
them to another organization with more
expertise for evaluation and possible
repair and reuse. CRTs that cannot be
used after such minor repairs may be
sent to recycling or disposal. CRTs from
televisions are more likely to be
repaired by appliance dealers or small
repair shops before reuse.
2. Recycling
a. Collection of used CRTs.
If reuse or
repair is not a practical option, CRTs
can be sent for recycling, which
typically consists of disassembly for the
purpose of recovering valuable materials
from the CRTs, especially glass. A
growing number of municipalities are
offering to collect computers and
electronics for recycling. In addition,
public and private organizations have
emerged that accept CRTs for the same
purpose. Examples of such
organizations include county recycling
drop-off centers, television repair shops,
charities, electronics recycling
companies, and electronics
manufacturers and retailers.
An increasing number of electronics
manufacturers are offering to take back
computer CRTs for recycling. In some
cases, these services are provided free.
In other cases, a fee is charged, usually
for shipping and handling. Take-back
programs have been available for some
time to major corporations and large
purchasers of electronic equipment.
Now, electronics manufacturers are
beginning to offer similar services for
computer CRTs to small businesses and
households.
b. Recycling of unused CRTs and
unused CRT glass.
Makers of glass for
CRTs recycle some of the glass they
produce because it does not meet
product specifications. EPA estimates
that about one or two percent of glass
production results in unused, off-
specification products. This glass is
generally recycled into new CRT glass.
The glass may be recycled on-site at a
CRT glass manufacturing facility, or it
may be sent to a glass processor.
Computers and television manufacturers
also find that a small percentage of
assembled monitors are
‘‘
off-
specification
’’
. They may send these
unused devices to a glass processor.
c. Glass processing and other
materials recovery.
CRT glass processors
that accept used CRTs generally receive
them from three sources: the glass
manufacturers described above (who
supply most of the glass), manufacturers
of monitor units who decide not to sell
off-specification monitors, and
businesses who provide used computers
or televisions, which at present are a
much smaller source.
The used CRTs are typically stored in
a warehouse. When the processing
begins, the CRT display unit is
dismantled, and the bare CRT is
separated from all other parts (usually
glass, plastic, or metal). Next, the
vacuum is released by drilling through
the anode, a small metal button in the
funnel. The different glass portions of
the CRT (faceplate, funnel, and neck)
are then separated and classified
according to chemical composition,
especially by the amount of lead
contained. The same sorting takes place
for broken glass received from CRT glass
manufacturers, which is separated into
leaded and non-leaded glass. All glass is
then cleaned and the coatings removed.
The sorted and cleaned cullet (
i.e.,
processed glass) is then typically stored
in enclosed areas before it is shipped
off-site to a CRT glass manufacturer (or
sometimes to a smelter or to
manufacturers of other kinds of glass).
When a CRT glass manufacturing
facility receives a shipment of processed
CRT glass, it removes the anode button
and further crushes the glass, which
then enters a furnace to be heated and
made into new CRT glass.
Sometimes the processed glass is sent
to a lead smelter where it is recycled to
reclaim the lead and to provide silica,
which acts as a fluxing agent in the
smelter. These uses often occur if the
glass does not meet the specifications
for CRT glass. The cleaning process
described above also generates glass
fines that are collected and sold to lead
smelters to be used as a fluxing agent.
In addition, processed CRT glass may be
sent to copper smelters, also for use as
a flux. Sometimes other types of
production facilities use processed CRT
glass to make objects such as radiation
shielding, acoustical barriers, optical
glass beads, or decorative glass and tile
products. The market for these recycled
glass items is currently limited, but may
grow in the future.
3. Disposal
Many consumers do not wish to
discard monitors and TVs if they can be
recycled. Many or most CRTs therefore
remain in storage. Of the CRTs that are
disposed of by households, most go to
municipal landfills, and others to
municipal waste-to-energy (WTE)
facilities. Only a small percentage are
recycled (
see Life Cycle Assessment of
the Disposal of Household Electronics,
D. McKenna
et al.,
August 1996, which
indicated that only one percent of CRTs
from households were recycled). Some
CRTs from non-household sources are
also placed in municipal landfills. Some
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states (such as Massachusetts and
California) have banned CRTs from all
sources from landfills.
E. How Do EPA
’
s Current Regulations
Apply to CRTs and Other Electronic
Materials?
As described above, CRT glass often
exhibits the toxicity characteristic (TC)
for lead because this constituent is used
to make most CRT glass. Whether a
person or facility is currently subject to
the RCRA hazardous waste regulations
depends on several factors, including
whether the CRT will be recycled or
disposed and the type of user.
Following is a brief description of how
different entities are currently regulated.
1. Who Is Regulated And Who Is Not?
a. Households.
Households that
dispose of CRTs are exempt from
hazardous waste management
requirements under 40 CFR 261.4(b)(1).
They may therefore send their used
computer and television monitors to any
facility or collector for recycling or
disposal without being subject to
regulation. Other facilities managing
household hazardous waste (such as
collectors, recyclers, or disposers)
continue to be exempt from hazardous
waste requirements unless the
household waste is mixed with other
regulated hazardous waste.
b. Non-residential generators.
Non-
residential generators of less than 100
kilograms (about 220 lbs) of hazardous
waste (including CRTs) in a calendar
month are known as conditionally
exempt small quantity generators
(CESQGs) and are not subject to most
RCRA Subtitle C hazardous waste
management standards. The Agency
notes that about 7 or 8 CRTs would be
sufficient to weigh 220 lbs (assuming
that each monitor weighed 30 lbs).
These CESQGs may choose to send their
wastes to a municipal solid waste
landfill or other facility approved by the
state for the management of industrial or
municipal non-hazardous wastes,
including recycling facilities (40 CFR
261.5). Generators of more than 100
kilograms (about 220 lbs) and less than
1,000 kilograms (about 2,200 lbs) of
hazardous waste (including CRTs) in a
calendar month are subject to the RCRA
hazardous waste management
standards, but are allowed to comply
with certain reduced regulatory
requirements (40 CFR 262.34).
Generators of more than 1,000 kilograms
(about 2,200 lbs) of hazardous waste in
a calendar month are considered large
quantity generators and are subject to all
the applicable hazardous waste
regulations for generators (40 CFR
262.34). CRTs that are not considered
wastes should not be counted in
determining whether a generator is a
CESQG, SQG, or LQG.
2. When Do CRTs Become Wastes?
To determine whether a non-
residential facility with used CRTs must
comply with the RCRA hazardous waste
regulations, the user must first
determine if its used CRTs are solid
wastes. Following is a brief description
of how solid waste determinations for
CRTs are made under federal law.
a. Reuse and repair of used CRTs.
EPA has consistently taken the view
that materials used and taken out of
service by one person are not wastes if
a second person puts them to the same
type of use without first
‘‘
reclaiming
’’
them (
see
50 FR 624, January 5, 1985).
Many CRTs are taken out of service by
both businesses and households not
because they can no longer be used, but
because users are upgrading their
systems to take advantage of the rapid
advances that have resulted in better
and faster electronics. Businesses and
organizations upgrading their computers
often replace the entire computer
system, including the monitors. A
working CRT-containing unit
considered obsolete by one user is
therefore likely to be capable of reuse as
a computer monitor or a television
monitor by another user.
Many businesses and organizations
that take CRTs out of service do not
have the specialized knowledge needed
to determine whether the unit can be
reused as a computer or television
display unit. Moreover, those entities
often do not decide whether a particular
CRT will, in fact, be reused. Many
businesses and other organizations send
used computers and televisions to
resellers. Resellers often test CRTs or
otherwise decide if the CRTs can be
reused directly, if they can be reused
after minor repairs, or if they must be
sent for further processing or disposal.
Because the typical original user usually
lacks the specialized knowledge needed
to decide the future of a CRT, EPA is
today clarifying that we do not consider
a user sending a CRT to a reseller for
potential reuse to be a RCRA generator.
Furthermore, EPA today clarifies that
used CRTs undergoing repairs before
resale or distribution are not being
‘‘
reclaimed,
’’
and are considered to be
products
‘‘
in use
’’
rather than solid
wastes. Resellers of used CRTs generally
test and identify equipment that can be
resold or is economically repairable.
Sometimes the equipment is collected
and redistributed for reuse with no
repairs. If repairs are necessary, they
typically consist of rewiring, replacing
defective parts, or replacing the electron
gun. Under these circumstances, the
CRT would still be considered a
commercial product rather than a solid
waste. EPA believes that these repairs
and replacement activities do not
constitute waste management.
b. Unused CRTs sent for recycling.
Sometimes manufacturers of computers
and televisions send unused CRTs
(usually off-specification CRTs) directly
to glass processors who break the CRTs
and separate out the glass components.
Generally, the processor then sends the
processed glass to a glass-to-glass
recycler or to another recycling facility,
such as a lead smelter. Although EPA
could consider these activities to
constitute reclamation, the Agency does
not regulate the reclamation of either
listed or characteristic unused
commercial chemical products (
see
50
FR 14219, April 11, 1985). EPA
considers unused CRTs to be unused
commercial chemical products.
Therefore, these materials are not solid
wastes when sent for reclamation.
c. Used CRTs sent for recycling.
Under the current RCRA regulations,
used CRTs sent directly to glass
processors or other recyclers could
under some circumstances be
considered spent materials undergoing
reclamation, and could therefore be
solid wastes. However, as explained
elsewhere in this notice, EPA believes
that under some circumstances used
CRTs sent for recycling do not resemble
spent materials. Therefore, users and
resellers sending used CRTs to recyclers
should check with their authorized
States to see which Subtitle C
requirements, if any, are applicable to
their activities. EPA encourages States
to take approaches consistent with
today
’
s proposal. The Agency is today
proposing an exclusion from the
definition of solid waste for used CRTs
being recycled if they are managed
under certain conditions. This proposal
is discussed later in this notice.
d. Disposal.
If a non-household entity
decides to send used or unused CRTs
directly to a landfill or an incinerator for
disposal, that entity would be
considered the generator of a solid
waste. The person making the decision
must determine if the CRTs exhibit a
hazardous waste characteristic under 40
CFR part 261, subpart C. He may either
test the CRTs or use process knowledge
to make this determination. As stated
above, many or most CRTs from color
computer or television monitors exhibit
the toxicity characteristic for lead.
Although EPA
’
s data indicate that most
CRTs from black and white monitors do
not fail the TC, those that do are subject
to all applicable hazardous waste
management requirements. When a
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decision is made to dispose of
hazardous waste CRTs, the non-
residential user, reseller, or
manufacturer must comply with all
applicable hazardous waste generator
requirements of 40 CFR part 262,
including packaging and labeling, 90-
day accumulation requirements, use of
the hazardous waste manifest, and
recordkeeping and reporting (unless the
generator is a CESQG).
Some companies ship their waste
CRTs to hazardous waste landfills for
disposal. Used CRTs generated by a
non-residential facility that fail the TC
for lead must meet applicable land
disposal restrictions (LDRs) before being
placed in a land-based unit, such as a
landfill. These restrictions do not apply
to CRTs generated by households or
CESQGs. To meet LDRs, the CRT glass
must be treated so that the TCLP lead
concentration does not exceed 0.75 mg
per liter. This concentration level is
generally achieved by crushing and
stabilizing the glass through the
addition of chemicals which reduce the
solubility of lead when contacted by
leachate.
3. When Do Non-CRT Electronic
Materials Become Wastes?
In 1992, the Agency issued a
memorandum to its EPA Regional Waste
Management Directors stating that used
whole circuit boards are considered to
be scrap metal when sent for
reclamation, and therefore exempt from
regulation under RCRA. The Agency has
also addressed printed circuit boards in
the Land Disposal Restrictions Phase IV
rulemaking (
see
62 FR 25998, May 12,
1997). In that rulemaking, the Agency
provided an exclusion from the
definition of solid waste at 40 CFR
261.4(a)(14) for shredded circuit boards
being reclaimed, provided they are
stored in containers sufficient to prevent
a release to the environment prior to
recovery and provided they are free of
mercury switches, mercury relays,
nickel-cadmium batteries and lithium
batteries. Subsequently, on May 26,
1998 (63 FR 28556), the Agency
clarified that the scrap metal exemption
applies to whole used circuit boards
that contain minor battery or mercury
switch components and that are sent for
continued use, reuse, or recovery. In
that notice, EPA stated that it was not
the Agency
’
s intent to regulate under
RCRA circuit boards containing
minimal quantities of mercury and
batteries that are protectively packaged
to minimize dispersion of metal
constituents. Once these materials are
removed from the boards, they become
a newly generated waste subject to a
hazardous waste determination. If they
meet the criteria to be classified as a
hazardous waste, they must be handled
as hazardous waste; otherwise they
must be managed as a solid waste.
The Agency is studying certain non-
CRT electronic materials to determine
whether they consistently exhibit a
characteristic of hazardous waste.
However, we are not currently aware of
any non-CRT computer components or
electronic products that would generally
be hazardous wastes. With respect to
these materials, the Agency would use
the same line of reasoning that is
outlined above for CRTs to determine if
the materials are solid wastes. That is,
if an original user sends electronic
materials to a reseller because he lacks
the specialized knowledge needed to
determine whether the units can be
reused as products, the original user is
not a RCRA generator. The materials
would not be considered solid wastes
until a decision was made to recycle
them in other ways or dispose of them.
F. What Are The Common Sense
Initiative (CSI) Recommendations?
From 1994 through 1998, EPA
’
s
Common Sense Initiative (CSI) explored
the environmental regulation of six
industry sectors and looked for ways to
make environmental regulation
‘‘
cleaner, cheaper, and smarter.
’’
EPA
established CSI as an advisory
committee (the
‘‘
CSI Council
’’
) under
the Federal Advisory Committee Act.
The CSI Council included
representatives from each industry
sector, from non-governmental
environmental and community
organizations, from state governments,
and from colleges and universities. EPA
also established subcommittees of the
Council for each industry sector. The
subcommittees included representatives
of the various stakeholders represented
in the CSI Council. One of the industry
sectors selected for this initiative was
the computer and electronics industry.
The CSI Computers and Electronics
Subcommittee (CES) then formed a
workgroup to examine regulatory
barriers to pollution prevention and
recycling. The workgroup (known as the
‘‘
Overcoming Barriers Workgroup
’’
)
explored the problems of managing
mounting volumes of outdated
computer and electronics equipment.
One of the concerns investigated by
the Overcoming Barriers Workgroup and
the CES was the barrier to CRT recycling
created by some existing hazardous
waste management regulations. The CES
urged that removing such barriers was
essential to fostering CRT recycling,
especially glass-to-glass recycling. The
Subcommittee believed that CRT
recycling would provide the following
benefits: (1) Less lead sent to landfills
and combustors; (2) added resource
value of specialty glass and lead; (3)
lower waste management costs; (4) less
regulatory uncertainty about CRT
recovery and recycling; (5) less use of
raw lead in CRT glass manufacturing;
(6) better melting characteristics,
improved heat transfer, and lower
energy consumption in CRT glass
manufacturing furnaces; (7) improved
CRT glass quality; and (8) lower
emissions of lead from CRT glass
manufacturing. The CES Subcommittee
indicated that some recycling methods
or end products (other than those
associated with glass-to-glass recycling)
may pose risks to human health and the
environment and would require further
investigation.
As a result of the finding of the CES
Subcommittee, the CSI Council issued a
document titled
Recommendation on
Cathode Ray Tube (CRT) Glass-to-Glass
Recycling.
In this document, the
Council recommended streamlined
regulatory requirements for CRTs that
would encourage recycling and better
management. The recommendations
included streamlined requirements for
packaging, labeling, transportation;
general performance standards for glass
processors; and export provisions. The
CSI Council also recommended an
exclusion from the definition of solid
waste for processed glass that is used to
make new CRT glass. In today
’
s
document, EPA proposes an exclusion
from the definition of solid waste which
would streamline management
requirements for used CRTs. Although
the requirements proposed today are
more streamlined that those
recommended by the CSI Council, we
believe that they will be just as effective
in fostering the goals of the Council. The
Agency is also soliciting comment on
several alternative management
requirements.
G. Proposed Requirements for Used
CRTs Undergoing Recycling
1. What Will Not Be Affected by Today
’
s
Proposed Rule?
All materials discussed above that are
not currently regulated under RCRA
will remain unaffected by today
’
s
proposal. Used CRTs from households
and CESQGs will retain their current
regulatory exemptions. Used CRTs from
any source that are sent for reuse as is
or after minor repairs are not wastes.
Proposed
§
261.4(a)(23) will provide
better notice of this interpretation of our
current regulations. Unused CRTs sent
for recycling will still be classified as
commercial chemical products which
are not solid wastes even if they are
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reclaimed or speculatively accumulated.
Finally, both used and unused CRTs
sent for disposal will also remain
regulated as before.
2. What Is Covered by Today
’
s Proposed
Rule and What Are the Proposed
Management Requirements?
Today
’
s proposal principally
addresses used CRTs destined for
recycling and processed glass from
CRTs. The regulations we are proposing
distinguish between intact CRTs and
CRTs that are broken. An intact CRT is
a CRT remaining within the monitor
whose vacuum has not been released. A
broken CRT means glass removed from
the monitor after the vacuum has been
released. EPA notes that these proposed
definitions would also cover non-
consumer CRTs such as medical,
automotive, oscilloscope, and appliance
CRTs.
a. Used, Intact CRTs Destined for
Recycling.
Today
’
s proposal would
exclude intact CRTs from the definition
of solid waste unless they are disposed.
Consequently, these units would not be
subject to Subtitle C regulation,
including the speculative accumulation
limits of 40 CFR 261.2(c)(4). They could
therefore be held indefinitely without
becoming solid wastes.
Intact CRTs are highly unlikely to
release lead to the environment because
the lead is contained in the plastic
housing and the glass matrix. Because of
this low likelihood of release, EPA is
today proposing reduced requirements
for broken CRTs which are based on
findings that these materials merit
exclusion from the definition of solid
waste. For the sake of regulatory
simplicity, the Agency is proposing to
codify all of the reduced requirements
for CRTs in one section of the Code of
Federal Regulations, under the list of
exclusions from the definition of solid
waste.
As noted above, unused CRTs are
currently considered commercial
chemical products which are excluded
from the definition of solid waste when
recycled, even if they are reclaimed or
speculatively accumulated. We believe
that it would be very difficult to
distinguish between used and unused
intact CRTs destined for recycling.
Moreover, there appears to be no
environmental basis for such a
distinction. Therefore, EPA is proposing
to grant relief from Subtitle C
requirements for all intact CRTs unless
they are disposed, whether used or
unused.
b. Used, Broken CRTs Destined for
Recycling.
Some users and collectors of
CRTs separate the CRT from the monitor
and release the vacuum, after which
they send the resulting broken glass to
a recycler (often a glass processor). This
practice saves shipping costs and
enables the glass processor to pay more
for the broken CRTs received. At other
times, the CRTs are first broken by the
processor or other recycler. CRTs whose
glass has been broken by releasing the
vacuum are non-reusable and non-
repairable; they are therefore solid
wastes at the time such breakage occurs.
EPA is proposing today to amend 40
CFR part 261 to add a new
§
261.39(a),
which will provide that used, broken
CRTs are excluded from the definition
of solid waste if they meet specified
conditions. Under today
’
s proposal,
used, broken CRTs sent for recycling
would not be solid wastes if they are
stored in a building with a roof, floor,
and walls. If they are not stored in a
building, they must be stored in a
container (
i.e.,
a package or a vehicle)
that is constructed, filled, and closed to
minimize identifiable releases of CRT
glass (including fine solid materials) to
the environment. The packages must
also be labeled or marked clearly. When
transported, the broken CRTs must also
be in a container meeting the conditions
described above. Used, broken CRTs
destined for recycling would also not be
allowed to be speculatively
accumulated as defined in 40 CFR
261.1.
The Agency believes that if these
materials are properly containerized and
labeled when stored or shipped prior to
recycling, they resemble articles in
commerce or commodities more than
wastes. Breakage is a first step toward
recycling the leaded glass components
of the CRT. Also, materials held in
conditions that safeguard against loss
are more likely to be regarded as
valuable commodities destined for
legitimate recycling. In addition, the
proposed packaging requirements
would ensure that the possibility of
releases to the environment from the
broken CRTs is very low. For these
reasons, an exclusion from the
definition of solid waste is appropriate
if the broken CRTs are handled under
the conditions proposed today.
Today
’
s proposal would require used,
broken CRTs that are imported for
recycling to comply with the packaging
and labeling requirements specified
above when they enter the borders of
the United States in order to be eligible
for the exclusion. Similarly, they could
not be speculatively accumulated after
arriving in the country. However, they
would not be subject to any of the
hazardous waste import requirements of
40 CFR part 262, subparts F and H.
Used, broken CRTs that are exported
would not be solid wastes if they were
packaged and labeled as described
above, and if they were not
speculatively accumulated. Exports of
broken CRTs meeting these conditions
would therefore not be subject to the
hazardous waste export requirements of
40 CFR part 262, subparts E and H,
including the hazardous waste
notification requirements.
c. Used, broken CRTs Undergoing
Glass Processing.
The Agency also
proposes today an exclusion from the
definition of solid waste for used CRTs
undergoing glass processing, as long as
the processing meets certain conditions.
CRT glass processing is defined in
proposed 40 CFR 260.10 as receiving
intact or broken used CRTs,
intentionally breaking them, sorting or
otherwise managing glass removed from
CRT monitors, and cleaning coatings
from the glass. As noted above, CRT
users and collectors sometimes break
CRTs before sending them to a
processor. Therefore, breaking used
CRTs would not by itself subject a
facility to the CRT glass processing
conditions. In order to be classified as
a used CRT glass processor, the facility
must perform all of the activities listed
above.
The provisions of today
’
s proposed 40
CFR 261.39(b) state that used, broken
CRTs undergoing glass processing
would not be considered solid wastes if
they are stored in a building with a roof,
floor, and walls. If they are not stored
inside a building, they must be
packaged and labeled under conditions
identical to those proposed above for
used, broken CRTs prior to processing.
In addition, all glass processing
activities must take place within a
building with a roof, floor, and walls,
and no activities may be performed that
use temperatures high enough to
volatilize lead from used, broken CRTs.
In order to be eligible for the exclusion
proposed today, the used, broken CRTs
could not be speculatively accumulated
as defined in 40 CFR 261.1. As
discussed above, EPA is today
proposing an unconditional exclusion
for used, intact CRTs if they are sent for
recycling (including glass processing).
Under today
’
s proposal, no other
conditions would apply to intact CRTs.
EPA believes that the packaging and
storage conditions proposed today
indicate that the materials in question
are more commodity-like than waste-
like. Used, broken CRTs that are not
stored or packaged in accordance with
these requirements would not be
valuable, product-like materials. The
opportunity for loss or releases of the
materials would indicate that they are
wastes. As specifically recommended by
the CSI Council, we are also proposing
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that processors be required to conduct
their activities without using
temperatures high enough to volatilize
lead from broken CRTs. Besides
increasing the risk of releases to the
environment, such practices could be a
sign of waste treatment rather than
production.
d. Processed Glass From Used CRTs
Sent for Recycling to Glass
Manufacturers and Lead Smelters.
In
today
’
s document, the Agency is
proposing in 40 CFR 261.39(d) to
exclude processed glass from used CRTs
from the definition of solid waste if it
is sent for recycling to a CRT glass
manufacturer or to a lead smelter, as
long as the processed glass is not
speculatively accumulated, and as long
as it is not used in a manner
constituting disposal.
EPA believes that processed glass
from used CRTs destined for CRT glass
manufacturing or sent to a lead smelter
meets the regulatory criteria in 40 CFR
260.31(c) for a variance from the
definition of solid waste. This variance
applies to materials that have been
reclaimed but must be reclaimed further
before recovery is completed, if, after
initial reclamation, the resulting
material is commodity-like. The
following paragraphs discuss the
characteristics of processed CRT glass
and how they meet the criteria.
i. The degree of processing a material
has undergone and the degree of further
processing that is required (40 CFR
260.31(c)(1)).
Processed CRT glass needs
minimal further processing by CRT glass
manufacturers or lead smelters. CRT
glass cullet is shipped to these facilities
already cleaned and sorted. CRT
manufacturers and smelters perform
processing steps consisting only of
magnetic separation of anode buttons
and studs and, if necessary, further
crushing of the glass. Following these
steps, the partially reclaimed CRT glass
enters the furnace or smelter, similar to
other feedstocks used in glass
manufacturing and smelting.
ii. The economic value of the material
that has been initially reclaimed (40
CFR 260.31(c)(2)).
The initial processing
of CRT glass satisfies this criterion. CRT
glass is usually purchased by CRT glass
manufacturers from processors for at
least $170 per ton (approximately three-
fourths of the price of virgin glass). In
contrast, lead smelters are usually paid
at least $150 per ton by processors for
CRT glass used as fluxing material and
lead feedstock. However, lead smelters
only pay an average of about six dollars
per ton for industrial sand used as a
fluxing material. Broken glass from
CRTs resembles industrial sand in
composition and can therefore serve as
a substitute for this sand in the fluxing
process. The sand, however, is not
expensive.
CRT glass manufacturers and lead
smelters currently obtain processed CRT
glass from processors and are working
with the processors to increase the
supply and quality of processed CRT
glass, which may further increase value.
The value of processed CRT glass
depends on whether manufacturers
’
specifications are met, and some glass
chemistries require exacting
specifications that make the processed
glass more valuable if it meets those
specifications. CRT glass manufacturers
have stricter quality standards than lead
smelters about the type of material that
they can accept (e.g., cleaned, sized, free
of coating and debris).
Further evidence of the economic
value of reclaimed CRT glass is
demonstrated by the cost savings
realized by CRT glass manufacturers
and lead smelters when using processed
CRT glass. The use of processed CRT
glass cullet benefits the manufacturer in
several ways, such as improving heat
transfer and melting characteristics in
the furnaces, lowering energy
consumption, and maintaining or
improving the quality of the final
product.
iii. The degree to which the reclaimed
material is like an analogous raw
material (40 CFR 260.31(c)(3)).
Under
this criterion, the partially reclaimed
material must be similar to an analogous
raw material or feedstock for which the
material may be substituted in a
production or reclamation process.
Processed CRT glass is similar to off-
specification glass and cullet that
manufacturers currently use as
feedstock. Glass-making furnaces
require between approximately 30 and
70 percent cullet. With respect to lead
smelters, processed CRT glass is similar
to industrial sand that would otherwise
be used as feedstock or flux in the
smelter.
iv. An end market for the partially
reclaimed material is guaranteed (40
CFR 260.31(c)(4)).
The Agency believes
that there is a strong end market for
processed CRT glass. CRT glass
manufacturers and lead smelters have
developed relationships with CRT glass
processors to increase the amount and
quality of reclaimed CRT glass cullet
available for glass-to-glass recycling and
lead reclamation. In addition, CRT glass
manufacturers have developed programs
in which off-specification CRTs may be
delivered directly to CRT processors for
initial processing. The processed CRT
glass is delivered to CRT glass
manufacturers for use as feedstock in
glass-to-glass manufacturing, or to lead
smelters for recycling.
v. The extent to which the partially
reclaimed material is handled to
minimize loss (40 CFR 260.31(c)(5)).
The
Agency believes that current CRT glass
industry practices are effective in
minimizing losses and preventing
releases. Processed CRT glass generally
is stored indoors on a cement or asphalt
pad. In most cases, the material is
shipped in large capacity trucks that are
covered with a tarp to minimize loss
during transport. When the CRT glass
manufacturers or lead smelters receive
shipments, the glass is unloaded into a
temporary holding area, inspected, and
either loaded onto a conveyor belt for
further processing or stored under
cover. Following these steps, the
reclaimed CRT glass enters the furnace
feedstock stream or the smelter.
e. Processed glass from Used CRTs
Sent For Other Types of Recycling.
Under today
’
s proposal, processed glass
from used CRTs sent for recycling at a
facility other than a glass manufacturer
or a lead smelter would be excluded
from the definition of solid waste only
if additional conditions were met. The
processed glass would have to be
packaged and labeled in accordance
with the requirements of proposed 40
CFR 261.39(a). Also, speculative
accumulation limits would apply.
As stated previously, processed glass
is sometimes sent to copper smelters for
recycling. It also may be sent for
recycling into objects such as radiation
shielding, acoustical barriers, optical
glass beads, or decorative glass and tile
products. The Agency believes that
processed glass sent for such uses
resembles a commodity more than a
waste if it is packaged and labeled
under these conditions. In addition,
such packaging ensures that the
possibility of releases to the
environment is minimal.
f. Processed Glass From Used CRTs
Used in a Manner Constituting Disposal.
If processed glass is sent for any kind of
recycling that involves land placement,
it would be subject to the requirements
of 40 CFR part 266, subpart C, for
recyclable materials used in a manner
constituting disposal. The Agency is
currently unaware of processed glass
being recycled in this manner.
g. Imports and Exports.
Import
requirements were discussed above for
used, broken CRTs prior to recycling.
Similar import requirements would
apply to used, broken CRTs sent to the
United States and held at glass
processing facilities, as well as already
processed glass from used, broken CRTs
sent to the United States. In all cases,
the material would be subject to the
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conditions proposed today, rather than
the import requirements of 40 CFR part
262. Similarly, as long as used CRTs (or
processed glass from used CRTs) met
the conditions proposed today, the
export requirements of 40 CFR part 262
would not apply.
H. Solicitation of Comment on EPA
’
s
Proposed Management Requirements for
Used CRTs and Processed CRT Glass
EPA believes that today
’
s proposed
exclusion from the definition of solid
waste is the regulatory scheme which
will best promote the CSI Council goals
of improved management and increased
recycling of the CRT wastestream. The
requirements proposed in today
’
s notice
are more streamlined than those
recommended by the CSI Council.
However, we believe that these
requirements, if finalized, will lead to
better management and more recycling
while affording full protection to human
health and the environment.
The Agency is also soliciting
comment today on several other
recommendations of the CSI Council, on
certain other regulatory alternatives for
CRTs that are not proposed today, and
on a proposed change to the universal
waste rule. These solicitations are
discussed below.
1. Universal Waste Alternative
The CSI Council envisioned that CRTs
would be added to the universal waste
rule, which distinguishes between small
quantity handlers of universal waste
(SQHUWs) and large quantity handlers
of universal waste (LQHUWs). The
accumulation limit for LQHUWs
recommended by the CSI Council was
36,287 kilograms (for CRTs stored on-
site for longer than seven consecutive
days). Other universal waste
requirements applicable to both
SQHUWs and LQHUWs that are not
proposed today for regulated entities
include employee training
requirements. The Agency also is not
proposing to require that regulated
entities notify the appropriate EPA
Region of their CRT waste management
activities, and track shipments of CRTs
sent and received, which would have
been required of LQHUWs under the
CSI recommendations. The Agency
solicits comment on whether these
requirements would be appropriate or
burdensome for any entities engaged in
breaking or processing CRT glass, or for
collectors who send used CRTs or CRT
glass to glass processors.
2. Definition of
‘‘
Broken CRT
’’
EPA is today proposing streamlined
requirements for broken CRTs sent for
recycling.
‘‘
Broken CRT
’’
is defined as
‘‘
glass removed from the monitor after
the vacuum has been released
’’
. Data
available to the Agency indicate that
after the vacuum has been released and
the glass removed, the CRT is generally
no longer reusable as a product.
However, EPA solicits comment on
whether it might be possible to repair
and reuse a CRT after the vacuum has
been released and the glass removed
from the monitor, as well as suggested
alternative definitions for
‘‘
broken CRT
’
.
3. Alternative Approaches to
Speculative Accumulation and Use
Constituting Disposal (Land Placement)
EPA notes that under today
’
s
proposal, broken CRTs (but not intact
CRTs) that are sent for recycling in
accordance with the packaging and
labeling requirements of proposed 40
CFR 261.39 would be subject to the
speculative accumulation provisions of
40 CFR 261.1(c)(8). The Agency solicits
comment on whether a longer
accumulation time period (such as two
or more years) should be provided for
CRTs, in order to allow recycling
markets to develop more fully for this
relatively new wastestream and because
there appear to be few environmental
concerns with storage as long as these
materials are packaged and labeled
properly. EPA also solicits comment on
whether intact CRTs sent for recycling
should be subject to the speculative
accumulation provisions, or whether
they resemble commercial chemical
products being reclaimed. In addition,
the Agency requests comment on
whether to add a condition prohibiting
use constituting disposal or land
placement of broken CRTs (as is
proposed today for processed CRT
glass). The Agency is not aware of any
current uses for broken CRTs or
processed CRT glass that involve use
constituting disposal, and we solicit
comment on the existence of any such
uses and their implications.
4. Alternative Standards for Processing
Used CRTs
EPA also solicits comment on the
appropriateness of requiring additional
performance standards for glass
processors. The CSI Council
recommended that glass processors
install and maintain systems sufficient
to minimize releases of glass and glass
particulates via wind dispersal, runoff,
and direct releases to soil. It also
recommended that processing be
performed at temperatures low enough
to avoid volatilization of lead from the
glass. Today
’
s proposal contains the
requirement for processing
temperatures, but took a different
approach than proposing the general
performance standard recommended by
the CSI Council. Today
’
s proposed
conditions for excluding glass being
processed from the definition of solid
waste are very similar to management
standards cited by the CSI Council as
examples of conformance to its
recommended performance standards.
For example, the Council stated that
storing broken CRTs and CRT glass in
buildings or closed containers were
examples of ways to control wind
dispersal, runoff, and direct releases to
soil. EPA therefore believes that today
’
s
proposed requirements, in addition to
being indications that the materials in
question resemble commodities rather
than wastes, are adequate to fulfill the
concerns of the CSI Council. However,
the Agency solicits comment on
whether to require the general
performance standards recommended
by the Council.
EPA also solicits comment on
whether to retain today
’
s proposed
requirement that glass processing be
conducted at temperatures that are not
sufficiently high to volatilize lead. We
note that worker health and safety
would be covered under the provisions
of 29 CFR part 1910 of the Occupational
Safety and Health Administration
(OSHA). The Agency seeks comment on
whether today
’
s proposed temperature
requirement is necessary to prevent
volatilization of lead, and also on
whether glass processing conducted at
high temperatures is an indication of
waste management.
EPA would also like to solicit
comment on the CSI Council
recommendation that glass processors
implement a procedure for advising
local communities of the nature of their
activities, including the potential for
resident and worker exposure to lead or
chemical coatings. In general, EPA has
not required public participation for
hazardous waste recycling facilities,
unless they obtain RCRA permits for
storage of hazardous waste prior to
recycling. Usually, local notice and
public meetings are governed by
preexisting state or local requirements
concerning siting, zoning, or licensing.
The Agency believes that matters of
local notice and public participation are
generally best decided at the state,
county, or municipal level, but solicits
comment on whether to require
additional procedures under federal
regulations in the case of CRT recycling,
and the reasons why these procedures
are needed.
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5. Alternative Standards for Processed
Glass From Used CRTs Sent for
Recycling
In addition, EPA solicits comment on
whether to exclude from the definition
of solid waste under 40 CFR
261.4(b))(39) only processed glass
recycled by being sent to CRT
glassmaking, as recommended by the
CSI Council. EPA notes that the
recommendations of the CSI Council
did not include an exclusion for
processed glass sent to lead smelters,
and that the Council expressed concerns
about possible environmental risks
associated with this practice. However,
after evaluation of this question, the
Agency has decided, as explained
previously in this preamble, that
processed glass sent to lead smelters is
more like a commodity than a waste.
EPA believes that such an exclusion
would be desirable because recycling
CRTs at lead smelters appears to be just
as legitimate as glass-to-glass recycling.
The proposed exclusion may also turn
out to be useful if the increased use of
flat screens decreases the potential for
glass-to-glass recycling.
EPA is also soliciting comment today
on whether to exclude from the
definition of solid waste CRT glass sent
to copper smelters or other glass uses
without packaging and labelling
requirements. The Agency is aware that
processed CRT glass has been shipped
for recycling to copper smelters, but we
lack much information about this
practice. We request comment on
whether this glass is as commodity-like
as that sent to glass-to-glass recycling or
lead smelters. We also solicit comment
on whether the exclusion should be
allowed for other glass uses. These glass
uses are currently being developed and
include optical beads, decorative
objects, radiation shielding materials,
and acoustic barriers for use in the
aerospace industry and in equipment
manufacturing where sound control is
essential. EPA believes that CRT glass
being recycled into some of these
products would likely be a commodity-
like material which would meet the
variance criteria described above. We
therefore solicit additional information
about these uses, or other uses of which
commenters may be aware, and on
whether CRT glass used for these
purposes is commodity-like.
6. Exports of Used CRTs
With respect to exports, the Agency
notes that the CSI Council also
developed recommendations for
exporting CRT glass. The
recommendations include exporting
provisions for CRTs, coated (
i.e,
unprocessed) CRT glass, and uncoated
(processed) CRT glass. For each
category, the CSI Council recommended
administrative requirements, depending
on whether or not the shipment is
destined for an Organization for
Economic Cooperation and
Development (OECD) country.
Under the CSI recommendations,
entities exporting CRTs and coated CRT
glass would be subject to the same
exporting provisions as generators of
hazardous waste in Subparts E or H of
Part 262 (export notice and consent
procedures for non-OECD and OECD
countries); such provisions would be
revised to specifically identify the
recipient as a collector or processor. For
shipments of uncoated CRT glass to
those OECD countries specified in 40
CFR 262.58(a)(1), the exporter would be
required to provide an annual report to
EPA summarizing the number of
shipments and volume sent to each
recipient (by country), and identifying
the recipient CRT glass collector and
processor. For shipments of uncoated
CRT glass to non-OECD countries, the
exporter would be required to send
annual notification to EPA 90 days prior
to the first shipment to each recipient,
identifying the country, the recipient
CRT glass collector or processor, and the
expected number and volume of
shipments to be sent that year.
EPA notes that today
’
s proposal
would exclude from the definition of
solid waste used intact CRTs sent for
recycling, along with used, broken CRTs
sent for recycling if they are packaged
and labeled in accordance with the
conditions proposed in 40 CFR 261.39.
Similarly, processed glass would be
exempt from the definition of solid
waste if sent to CRT glassmaking or a
lead smelter. Since these materials
would no longer be considered solid or
hazardous wastes, the Agency would
not have the legal authority to require
notification under 40 CFR part 262,
subparts E and H, or the authority to
require additional notifications. The
Agency notes that if used CRTs were
added to the universal waste program,
EPA would have authority to require
notification at least for exported broken
CRTs. EPA solicits comment on whether
the need for the export notification
requirements recommended by the CSI
would warrant adding used CRTs to the
universal waste program, and whether
these requirements would be unduly
burdensome.
7. Disposal of CRTs
Finally, the Agency requests comment
on whether to allow CRTs sent for
disposal in hazardous waste facilities
(
i.e.,
landfills or incinerators) to comply
with streamlined packaging and labeling
requirements similar to those proposed
today for broken CRTs sent for
recycling, rather than comply with full
Subtitle C requirements. EPA also seeks
comment on whether adding used CRTs
to the universal waste program, which
would provide packaging and labeling
requirements (as well as tracking
requirements for larger quantities of
CRTs) would provide better
management of these wastes through
improved compliance, and whether
such requirements would adequately
protect human health and the
environment.
IV. Mercury-Containing Equipment
A. What Is
‘‘
Mercury-Containing
Equipment?
’
In response to the 1993 universal
waste proposal (58 FR 9346, February
11, 1993), some commenters suggested
adding used mercury-containing
equipment (such as switches, relays,
and gauges) to the universal waste rule
at 40 CFR part 273. In the 1995 final
rule, however, the Agency did not
include these materials in the universal
waste program, stating in the preamble
that we lacked sufficient information to
justify such a decision (60 FR 25942,
25508, May 11, 1995). In particular, EPA
did not have data about which kinds of
wastes should be included in the
suggested category, the amount of
mercury in the wastes, and which
management controls would be
effective. We stated that we would
welcome a petition which would
provide enough information to add
some forms of mercury-containing
equipment to the universal waste
program.
On October 11, 1996, the Utility Solid
Waste Activities Group (USWAG), the
Edison Electric Institute, the American
Public Power Association, and the
National Rural Electric Cooperative
Association submitted a petition to add
mercury-containing equipment to the
universal waste program. This petition
identified many types of mercury-
containing equipment, including several
kinds of instruments that are used
throughout the electric utility and other
industries, municipalities, and
households. These devices include
manometers, barometers, hagenmeters,
relay switches, mercury wetted
switches, mercury regulators, meters,
temperature gauges, pressure relief
gauges, water treatment pressure gauges,
sprinkler system contacts, power plant
water treatment gauges, and variable
force counterweight wheels used in coal
conveyor systems.
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B. Why Is EPA Proposing To Add
Mercury-Containing Equipment To The
List of Universal Wastes?
The USWAG petition contained
useful information describing how such
equipment would meet the regulatory
criteria for adding wastes to the
universal waste program set forth at 40
CFR 273.81. After examining the
information contained in the petition,
we have decided to propose adding
spent mercury-containing equipment to
the universal waste rule. Following is a
description of the regulatory criteria for
adding wastes to the universal waste
rule, and why the Agency believes that
used mercury-containing equipment
meets these criteria. In particular, EPA
believes that adding these wastes to the
universal waste rule will facilitate
collection of mercury-containing
equipment, thereby reducing the
amount of mercury reaching municipal
landfills and incinerators. USWAG has
estimated that approximately 3,000
pounds of such equipment is generated
annually by electric and gas utilities and
by other businesses.
1. The Waste, as Generated by a Wide
Variety of Generators, Should Be a
Listed or Characteristic Hazardous
Waste (40 CFR 273.81(a))
The category of mercury-containing
equipment consists of such devices as
thermometers, manometers, barometers,
relay switches, mercury regulators,
meters, pressure relief gauges, water
treatment pressure gauges, and sprinkler
system contacts. Most mercury-
containing equipment has a few grams
of mercury, although devices such as
large manometers may contain much
more. Many of these devices would fail
the TCLP toxicity level for mercury of
0.2 mg per liter, and would be classified
as D009 characteristic hazardous waste.
They would therefore meet the first
regulatory criterion.
2. The Waste, or Category of Waste,
Should Not Be Exclusive To a Particular
Industry or Group of Industries, but
Generated by a Wide Variety of
Establishments (40 CFR 273.81(b))
Used mercury-containing equipment
meets this criterion because it is
discarded by many different kinds of
generators. Although electric and gas
utilities generate the largest number of
such devices, many other businesses use
instruments designed to measure or
regulate pressure or temperature, such
as thermometers, barometers and
manometers. In addition, regulators,
switches, and relays often contain
mercury for use as an electric
conductor. These devices are used
widely in manufacturing industries,
retail and commercial establishments
(including the dairy industry), office
complexes, hospitals, municipalities,
and (in the case of certain wastes such
as thermometers and mercury switches)
domestic households. Sources of this
wastestream are many and varied.
3. The Waste Should Be Generated by a
Large Number of Generators and
Generated Frequently, but in Relatively
Small Quantities (40 CFR 273.81(c))
Spent mercury-containing equipment
would meet this criterion even if
electric utilities alone were counted.
Some large electric utilities have several
hundred individual generation points
throughout their distribution network,
including generating stations, service
centers, substations, and transformer
vaults. In addition, utilities perform
servicing operations on meters,
regulators, and other mercury-
containing equipment at many customer
locations; a large utility may have more
than 1,000 customer sites. Most
facilities, whether utilities or not, tend
to generate mercury-containing wastes
sporadically and in relatively small
quantities because equipment failures
are relatively numerous (due to the large
number of generation points) and
unpredictable, while not producing
large quantities of waste equipment. The
Utility Solid Waste Activities Group
estimates that a single mid-sized electric
utility generates from 2,000 to 4,000
pieces of mercury-containing equipment
annually.
4. Systems To Be Used for Collecting the
Waste (Including Packaging, Marking,
and Labeling Practices) Should Ensure
Close Stewardship of the Waste (40 CFR
273.81(d))
EPA believes that the universal waste
program is a very effective way to
ensure such stewardship. The Agency is
today proposing to require small and
large-quantity universal waste handlers
of spent mercury-containing equipment
to label or mark such equipment clearly,
similar to the requirements for other
handlers of universal wastes in 40 CFR
273.14 and 273.34.
To further encourage responsible
stewardship, EPA is also proposing to
require universal waste handlers of
mercury-containing equipment to
manage it in accordance with the
universal waste management standards
currently in place for used thermostats,
because both kinds of devices contain
mercury in ampules which are
sometimes removed. Today
’
s proposal
would require handlers who remove
ampules from spent mercury-containing
equipment to comply with the
provisions of 40 CFR 273.13 (described
later in this notice).
5. The Risks Posed by the Waste During
Accumulation and Transport Should Be
Relatively low Compared to the Risks
Posed by Other Hazardous Waste, and
Specific Management Standards Would
Be Protective of Human Health and the
Environment During Accumulation and
Transport (40 CFR 273.81(e))
The Agency believes that spent
mercury-containing equipment poses
risks that are relatively low compared to
other hazardous wastes because they
tend to be generated in relatively small
amounts at any one time by each
generator. In addition, the elemental
mercury contained in such devices is
generally fully enclosed within the
equipment. The danger of spills and
leaks during accumulation and transport
is therefore low when the equipment is
packaged correctly. In addition,
USWAG has suggested, and the Agency
is today proposing, that spent mercury-
containing equipment be managed in
accordance with the requirements of the
universal waste rule at 40 CFR 273.
These requirements will ensure that the
devices are handled safely during
accumulation and transport. Besides the
provisions discussed above that are
specific to accumulation, packaging,
and transport of mercury-containing
universal wastes, the universal waste
program requires handlers to train
employees in proper handling and
emergency procedures and to contain all
releases of universal wastes
immediately. Handlers may accumulate
universal wastes for no longer than one
year.
The universal waste rule also contains
several provisions which ensure safe
transport. For example, handlers may
send universal waste only to another
universal waste handler, a destination
facility, or a foreign destination. If the
handler sends a universal waste off-site
which meets the definition of hazardous
materials under the Department of
Transportation (DOT) regulations (49
CFR parts 171 through 180), the handler
must package and label the shipment in
accordance with those regulations and
prepare the proper DOT shipping
papers. If a handler of universal waste
sends a shipment which is rejected, the
handler must either take the waste back
or agree with the rejecting facility to
send the waste to a destination facility.
If a handler receives a shipment
containing hazardous waste that is not
universal waste, the handler must
immediately notify the appropriate EPA
regional office. Finally, large quantity
handlers of universal waste must keep
records of each shipment of universal
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waste received or sent off-site. These
requirements ensure that spent mercury-
containing devices will be transported
safely.
6. Regulation of the Waste Under 40
CFR Part 273 Will Increase the
Likelihood That the Waste Will Be
Diverted From Non-Hazardous Waste
Management Systems (
e.g.,
the
Municipal Waste Stream, Non-
Hazardous Industrial or Commercial
Waste Stream, Municipal Sewer or
Stormwater Systems) to Recycling,
Treatment, or Disposal in Compliance
With Subtitle C of RCRA (40 CFR
273.81(f))
If spent mercury-containing
equipment was added to the universal
waste program, thousands of sites that
generate such devices would be
considered handlers of universal wastes,
rather than individual hazardous waste
generators. Because the hazardous waste
manifest would no longer be required, it
would be easier to transport these
wastes to central consolidation points.
Collecting the wastes at such central
points makes it easier to send them for
recycling or for proper disposal, which
makes it less likely that the wastes will
be improperly disposed of in municipal
landfills or incinerators. In addition,
waste handlers that wish to consolidate
large volumes of waste from
conditionally exempt small quantity
generators (CESQGs) must now obtain a
RCRA permit if they accumulate more
than 1000 kg of such waste on-site,
pursuant to 40 CFR 261.5(g)(2). This
requirement severely discourages the
central collection of large amounts of
CESQG waste. If spent mercury-
containing equipment is included in the
universal waste system, collectors of
these wastes would be encouraged to
gather these wastes (along with non-
CESQG waste and household waste) for
recycling or proper disposal. More of
these materials would be kept out of the
municipal wastestream if they were
available for removal of elemental
mercury and recycling of scrap metal.
In addition, if spent mercury-
containing equipment is included in the
universal waste program, handlers will
be less likely to try to separate the
hazardous and non-hazardous portions
of this waste. Because the requirements
of the universal waste rule are relatively
streamlined, and because sampling of
mercury-containing devices can
sometimes be difficult, handlers will
find it easier to manage the entire
wastestream as universal waste.
Therefore, waste that would otherwise
go to municipal landfills or combustors
would be sent for recycling or proper
disposal. For these reasons, EPA
believes that adding mercury-containing
equipment to the universal waste
program will help fulfill the criterion in
40 CFR 273.81(f).
7. Regulation of the Waste Under 40
CFR part 273 Will Improve the
Implementation and Compliance With
the Hazardous Waste Regulatory
Program (40 CFR 273.81(g))
EPA believes that the requirements of
the universal waste rule are particularly
suited to the circumstances of handlers
of spent mercury-containing equipment,
and that their participation in the
universal waste program will improve
compliance with hazardous waste
regulations. As stated earlier, spent
mercury-containing equipment is
generated sporadically and in small
quantities by many geographically
dispersed operations. The existence of
so many distribution points, along with
the small quantities of waste, makes
compliance with full Subtitle C
requirements very difficult. Compliance
with full hazardous waste generator
requirements is particularly difficult for
electric or gas utility operations which
are located on customers
’
properties.
The requirements of the universal waste
rule are clear and should be easily
understood by the diverse community
affected by this proposal, who will not
need to spend an excessive amount of
time and effort interpreting the
regulations. In addition, because the
rule does not require handlers to count
universal wastes toward their monthly
quantity determination, many handlers
will find it easier to determine their
hazardous waste generation rates. The
Agency believes that the streamlined
requirements of this proposal will make
compliance more achievable, and that
human health and the environment will
benefit as a result.
C. What Are EPA
’
s Proposed
Management Requirements for Used
Mercury-Containing Equipment?
1. Summary of Proposed Requirements
The universal waste rule classifies
regulated persons managing universal
waste into four categories: small
quantity handlers of universal waste
(SQHUWs), large quantity handlers of
universal waste (LQHUWs),
transporters, and destination facilities.
The term
‘‘
universal waste handler
’’
is
defined in 40 CFR 273.9 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 it to another universal
waste handler, a processor, a destination
facility, or a foreign destination. The
definition of
‘‘
universal waste handler
’’
does not include: (1) a person who treats
(except under the provision of
§
273.13(a) or (c), or
§
273.33(a) or (c)),
disposes of, or recycles universal waste;
or (2) a person engaged in the off-site
transportation of universal waste by air,
rail, highway, or water, including a
universal waste transfer facility.
Whether a universal waste handler is
a SQHUW or LQHUW depends on the
amount of universal waste being
accumulated at any time. A SQHUW is
defined under 40 CFR 273.9 as a
universal waste handler who
accumulates less than 5,000 kilograms
of universal waste, calculated
collectively at any time. The 5,000
kilogram accumulation limit applies to
the total quantity of all universal waste
handled on-site, regardless of the
category of universal waste. If at any
time a SQHUW accumulates 5,000
kilograms or more of universal waste,
then the universal waste handler
becomes a LQHUW for the calendar year
in which 5,000 kilograms or more of
universal waste was accumulated. A
handler may re-evaluate his status as a
LQHUW in the following calendar year.
LQHUWs are subject to certain
additional regulatory requirements.
The management requirements
proposed today for mercury-containing
equipment are generally the same as the
existing requirements for mercury-
containing thermostats. Under these
proposed requirements, management
standards for these universal wastes
would not significantly differ from the
current requirements of 40 CFR part
273. Our proposed definition of
mercury-containing equipment was
adapted from the regulatory definitions
used by States which have added these
materials to their universal waste
programs.
Following is a more detailed
description of today
’
s proposed
requirements for mercury-containing
equipment.
2. Proposed Requirements for Small and
Large Quantity Handlers
Under today
’
s proposal, most of the
existing universal waste requirements
currently applicable to SQHUWs and
LQHUWs would also apply to handlers
of mercury-containing equipment. For
both SQHUWs and LQHUWs, these
requirements include waste
management standards, labeling and
marking, accumulation time limits,
employee training, response to releases,
requirements related to off-site
shipments, and export requirements.
LQHUWs are subject to additional
notification and tracking requirements.
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The Agency is proposing today to
require SQHUWs and LQHUWs to
manage mercury-containing equipment
in accordance with the universal waste
management standards currently in
place for used thermostats, because both
kinds of devices contain mercury in
ampules which are sometimes removed.
Today
’
s proposal would require
handlers who remove ampules from
spent mercury-containing equipment to
remove them in accordance with the
provisions of 40 CFR 273.13. These
provisions state that the ampules must
be removed in a manner designed to
prevent breakage, and that they must be
removed only over or in a containment
device. A mercury clean-up system
would have to be readily available to
immediately transfer any mercury from
leaks or spills from broken ampules to
a container. Handlers would be required
to ventilate and monitor the area in
which ampules are removed to ensure
compliance with applicable standards of
the Occupational Safety and Health
Administration (OSHA) for exposure to
mercury.
Employees of SQHUWs and LQHUWs
would need to be thoroughly familiar
with proper waste mercury handling
and emergency procedures. They would
be required to store removed ampules in
closed, non-leaking containers, and
pack removed ampules in containers
with packing materials adequate to
prevent breakage. Handlers who remove
mercury-containing ampules would
have to determine whether residues
from spills or leaks exhibit a
characteristic of hazardous waste. They
would also be required to make this
determination for any other solid waste
generated during removal of the
ampules. If the residues or other solid
waste exhibits a characteristic of
hazardous waste, it would have to be
managed in accordance with all
applicable requirements of 40 CFR parts
260 through 279, rather than as a
universal waste.
The notification requirement
proposed today for large quantity
handlers of universal waste mercury-
containing equipment is consistent with
the existing notification requirement for
LQHUWs of all other universal wastes
(40 CFR 273.32). Under today
’
s
proposed rule, a large-quantity handler
of mercury-containing equipment would
be required to notify the Regional
Administrator and receive an
identification number before meeting or
exceeding the accumulation limit. In
addition, these handlers would be
required to keep records of universal
waste shipments received or sent off-
site. These records may take the form of
a log, invoice, manifest, bill of lading, or
other shipping document.
3. Proposed Requirements for
Transporters
Under 40 CFR 273.9, the definition of
a universal waste transporter is
‘‘
a
person engaged in the off-site
transportation of universal waste by air,
rail, highway, or water.
’’
Persons
meeting the definition of universal
waste transporter include those persons
who transport universal waste from one
universal waste handler to another, to a
processor, to a destination facility, or to
a foreign destination. These persons are
subject to the universal waste
transporter requirements of subpart D of
part 273. The existing provisions apply
to transporters of all types of universal
waste, and, therefore, they would also
apply to transporters of mercury-
containing equipment. EPA notes that
today
’
s proposed rule would not affect
the applicability of shipping
requirements under the hazardous
materials regulations of the Department
of Transportation (DOT). Transporters
would continue to be subject to these
requirements if applicable (
see
49 CFR
173.164 (Metallic Mercury and Articles
Containing Mercury)).
4. Proposed Requirements for
Destination Facilities
Today
’
s notice does not propose to
change any existing requirements
applicable to destination facilities
(subpart E of part 273).
5. Effect of Today
’
s Proposed Rule on
Household Wastes and Conditionally-
Exempt Small Quantity Generators
Adding mercury-containing
equipment to the definition of universal
wastes would not substantially change
the way households and conditionally-
exempt small quantity generators
(CESQGs) manage these devices.
Household waste continues to be
exempt from RCRA Subtitle C
regulations under 40 CFR 261.4(b)(1).
However, under the universal waste
rule, households and CESQGs may
voluntarily choose to manage their
mercury-containing equipment in
accordance with either the CESQG
regulations under 40 CFR 261.5 or as
universal waste under part 273 (40 CFR
273.8(a)(2)). If CESQG waste or
household wastes are mixed with
universal waste subject to the
requirements of 40 CFR part 273, the
comingled waste must be handled as
universal waste in accordance with part
273. Under today
’
s rule, such comingled
waste would be subject to the 5000
kilogram threshold limit for large
quantity handlers.
Hazardous waste mercury-containing
equipment that is managed as universal
waste under 40 CFR part 273 would not
have to be included in a facility
’
s
determination of hazardous waste
generator status (40 CFR 261.5(c)(6)).
Therefore, if a generator were to manage
such devices under the universal waste
rule and did not generate any other
hazardous waste, that generator would
not be subject to other Subtitle C
hazardous waste management
regulations, such as the hazardous waste
generator regulations in part 262. A
generator that generates more than 100
kilograms of hazardous waste in
addition to universal waste mercury-
containing equipment would be
regulated as a hazardous waste
generator and would be required to
manage all hazardous wastes not
included within the scope of the
universal waste rule in accordance with
all applicable Subtitle C hazardous
waste management standards.
6. Land Disposal Restriction
Requirements (LDRs)
Under existing regulations (40 CFR
268.1(f)), universal waste handlers and
transporters are exempt from the LDR
notification requirements in 40 CFR
268.7 and the storage prohibition in
§
268.50. Today
’
s proposal would not
change the regulatory status of
destination facilities; they would remain
subject to the full LDR requirements.
D. Solicitation of Comment on Universal
Waste Notification Requirements
EPA is soliciting comment on a
proposed change to the notification
requirements of the universal waste
rule. The current rule (40 CFR
273.32(b)(5)) requires large quantity
handlers of universal waste (LQHUWs)
to include in the notification sent to the
Regional Administrator a statement
indicating that the handler is
accumulating more than 5,000 kg of
universal waste at one time and the
types of universal waste (
i.e.,
batteries,
pesticides, thermostats, lamps, and
mercury-containing equipment) the
handler is accumulating above this
quantity. The Agency believes that
requiring LQHUWs to specify which
types of universal waste exceed the
5,000 limit is unnecessary because the
regulations already require LQHUWs to
provide a list of all the types of
universal waste managed by the handler
(
see
40 CFR 273.32(b)(4)). In addition,
the requirement appears irrelevant
because the 5,000 limit for determining
whether a handler is a LQHUW applies
to all universal waste accumulated by
the handler, not to any particular
universal waste. The Agency is therefore
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proposing today to delete from 40 CFR
273.32(b)(5) the requirement to notify
the Regional Administrator of which
particular universal wastes exceed the
5,000 kg. accumulation limit. EPA
solicits comment on whether this
requirement serves a valid purpose for
regulatory authorities, and on whether it
is unduly burdensome for LQHUWs.
V. State Authority
A. Applicability of Rules in Authorized
States
Under section 3006 of RCRA, EPA
may authorize qualified states to
administer and enforce the RCRA
hazardous waste program within the
state. Following authorization, EPA
retains enforcement authority under
sections 3008, 3013, and 7003 of RCRA,
although authorized states have primary
enforcement responsibility. The
standards and requirements for state
authorization are found at 40 CFR part
271.
Prior to enactment of the Hazardous
and Solid Waste Amendments of 1984
(HSWA), a State with final RCRA
authorization administered its
hazardous waste program entirely in
lieu of EPA administering the federal
program in that state. The federal
requirements no longer applied in the
authorized state, and EPA could not
issue permits for any facilities in that
state, since only the state was
authorized to issue RCRA permits.
When new, more stringent federal
requirements were promulgated, the
state was obligated to enact equivalent
authorities within specified time frames.
However, the new federal requirements
did not take effect in an authorized state
until the state adopted the federal
requirements as state law.
In contrast, under RCRA section
3006(g) (42 U.S.C. 6926(g)), which was
added by HSWA, new requirements and
prohibitions imposed under HSWA
authority take effect in authorized states
at the same time that they take effect in
unauthorized states. EPA is directed by
the statute to implement these
requirements and prohibitions in
authorized states, including the
issuance of permits, until the state is
granted authorization to do so. While
states must still adopt HSWA related
provisions as state law to retain final
authorization, EPA implements the
HSWA provisions in authorized states
until the states do so.
Authorized states are required to
modify their programs only when EPA
enacts federal requirements that are
more stringent or broader in scope than
existing federal requirements. RCRA
section 3009 allows the states to impose
standards more stringent than those in
the federal program (
see
also 40 CFR
271.1). Therefore, authorized states may,
but are not required to, adopt federal
regulations, both HSWA and non-
HSWA, that are considered less
stringent than previous federal
regulations.
B. Effect on State Authorization
Today
’
s proposed rule is less stringent
than the current federal program.
Because states are not required to adopt
less stringent regulations, they do not
have to adopt the streamlined
regulations for CRTs or the universal
waste regulations for mercury-
containing devices, although EPA
encourages them to do so. Some states
may already be in the process of
streamlining their regulations for these
materials or adding them to their list of
universal wastes. If a state
’
s standards
for used CRTs or mercury-containing
equipment are less stringent than those
in today
’
s rule, the state will need to
amend its regulations to make them
equivalent to today
’
s standards and
pursue authorization.
C. Interstate Transport
Because some states may choose not
to seek authorization for today
’
s
proposed rulemaking, there will
probably be cases when used CRTs,
processed CRT glass, or mercury-
containing equipment will be
transported through states with different
regulations governing these wastes.
First, a waste which is subject to an
exclusion from the definition of solid
waste or to the universal waste
regulations may be sent to a state, or
through a state, where it is subject to the
full hazardous waste regulations. In this
scenario, for the portion of the trip
through the originating state, and any
other states where the waste is excluded
or is a universal waste, neither a
hazardous waste transporter with an
EPA identification number per 40 CFR
263.11 nor a manifest would be
required. However, for the portion of the
trip through the receiving state, and any
other states that do not consider the
waste to be excluded or a universal
waste, the transporter must have a
manifest, and must move the waste in
compliance with 40 CFR part 263. In
order for the final transporter and the
receiving facility to fulfill the
requirements concerning the manifest
(40 CFR 263.20, 263.21, 263.22; 264.71,
264.72, 264.76 or 265.71, 265.72, and
265.76), the initiating facility should
complete a manifest and forward it to
the first transporter to travel in a state
where the waste is not excluded or is
not a universal waste. The receiving
facility must then sign the manifest and
send a copy to the initiating facility.
EPA recommends that the initiating
facility note in block 15 of the manifest
(Special Handling Instructions and
Additional Information) that the wastes
are covered by an exclusion or under
the universal waste regulations in the
initiating state but not in the receiving
facility
’
s state.
Second, a hazardous waste generated
in a state which does not provide an
exclusion for the waste or regulate it as
a universal waste may be sent to a state
where it is excluded or regulated as a
universal waste. In this scenario, the
waste must be moved by a hazardous
waste transporter while the waste is in
the generator
’
s state or any other states
where it is not excluded or not a
universal waste. The initiating facility
would complete a manifest and give
copies to the transporter as required
under 40 CFR 262.23(a). Transportation
within the receiving state and any other
states that exclude the waste or regulate
it as a universal waste would not require
a manifest and need not be transported
by a hazardous waste transporter.
However, it is the initiating facility
’
s
responsibility to ensure that the
manifest is forwarded to the receiving
facility by any non-hazardous waste
transporter and sent back to the
initiating facility by the receiving
facility (
see
40 CFR 262.23 and 262.42).
EPA recommends that the generator
note in block 15 of the manifest (Special
Handling Instructions and Additional
Information) that the waste is excluded
or covered under the universal waste
regulations in the receiving facility
’
s
state but not in the generator
’
s state.
Third, a waste may be transported
across a state in which it is subject to
the full hazardous waste regulations
although other portions of the trip may
be from, through, and to states in which
it is excluded or covered under
universal waste regulations. Transport
through the State must be conducted by
a hazardous waste transporter and must
be accompanied by a manifest. In order
for the transporter to fulfill its
requirements concerning the manifest
(subpart B of Part 263), the initiating
facility must complete a manifest as
required under the manifest procedures
and forward it to the first transporter to
travel in a state where the waste is not
excluded or is not a universal waste.
The transporter must deliver the
manifest to, and obtain the signature of,
either the next transporter or the
receiving facility.
As more states streamline their
regulatory requirements for these
wastes, the complexity of interstate
transport will be reduced.
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1
Note:
Many CRTs that exhibit the toxicity
characteristic for lead are nonetheless not solid
wastes that are also hazardous wastes for a number
of different reasons. Some are considered
household hazardous wastes which are excluded
from the federal definition of hazardous wastes.
See
40 CFR 261.4(b)(1). Other CRTs which are post-
manufacturing but not post-consumer are excluded
as commercial chemical products being reclaimed.
See
40 CFR 261.2(c)(3). Thus, the fact that a CRT
exhibits the toxicity characteristic for lead is not
sufficient in and of itself to know that the monitor
is a hazardous waste and affected by this rule.
VI. Regulatory Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR
51735), the Agency must determine
whether this regulatory action is
‘‘
significant
’’
and therefore subject to
formal review by the Office of
Management and Budget (OMB) and to
the requirements of the Executive Order,
which include assessing the costs and
benefits anticipated as a result of the
proposed regulatory action. The Order
defines
‘‘
significant regulatory action
’’
as one that is likely to result in a rule
that may: (1) Have an annual effect on
the economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities; (2) create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the
President
’
s priorities, or the principles
set forth in the Executive Order.
Pursuant to the terms of Executive
Order 12866, the Agency has
determined that today
’
s proposed rule is
a significant regulatory action because
this proposed rule contains novel policy
issues. As such, this action was
submitted to OMB for review. Changes
made in response to OMB suggestions or
recommendations are documented in
the docket to today
’
s proposal.
To estimate the cost savings,
incremental costs, economic impacts
and benefits from this rule to affected
regulated entities, we completed an
economic analyses for this rule. Copies
of these analyses (entitled
‘‘
Economic
Analysis of Cathode Ray Tube
Management, Notice of Proposed
Rulemaking
’’
and
‘‘
Economic Analysis
of Including Mercury-Containing
Devices In the Universal Waste System,
Notice of Proposed Rulemaking
’’
) have
been placed in the RCRA docket for
public review. The Agency solicits
comment on the methodology and
results from the analysis as well as any
data that the public feels would be
useful in a revised analysis.
1. Methodology
To estimate the cost savings,
incremental costs, economic impacts
and benefits of this rule, the Agency
estimated both the affected volume of
cathode ray tubes (CRTs)
1 and regulated
entities. Because CRTs are often not
managed as hazardous wastes but rather
along with municipal refuse, the Agency
has evaluated two baseline (pre-
regulatory) scenarios: (1) A Subtitle C
scenario which modeled a distribution
of affected monitors as if all affected
entities were in compliance with
Subtitle C regulation, and (2) a Subtitle
D scenario which models a high
percentage of CRTs being discarded
untreated in municipal solid waste
landfills. There is a lower degree of
compliance with Subtitle C regulation
in the Subtitle D scenario. However, this
scenario is being analyzed to evaluate
the real-world effect of this rule on
affected entities.
The Agency has then modeled two
post-regulatory scenarios: (1) The
regulation being proposed today
(hereafter referred to as the
‘‘
primary
alternative
’’
), and (2) the Common Sense
Initiative recommendation (hereafter
referred to as the
‘‘
CSI alternative
’’
). The
chief differences between the primary
alternative and CSI alternative is that
the former applies to both glass-to-glass
recycling and lead smelters whereas the
latter only applies to glass-to-glass
recycling. The CSI alternative also
includes additional management
requirements for CRT handlers. Finally,
the CSI alternative envisions
streamlined management requirements
for monitors but keeping them within
RCRA Subtitle C jurisdiction as
hazardous waste. By contrast, the
primary alternative of today
’
s proposal
excludes previously regulated volumes
of CRTs from the federal definition of
solid and hazardous waste.
In our economic analysis, we have
calculated administrative, storage,
transportation and disposal/recovery
costs for both baseline and post-
regulatory scenarios and estimated the
net cost savings and economic impacts
for each combination of baseline/post-
regulatory pair (Subtitle C/primary
alternative, Subtitle C/CSI alternative,
Subtitle D/primary alternative, Subtitle
D/CSI alternative). The Subtitle C/
primary alternative pair is the scenario
that we are using to meet our
administrative requirements following
this section. This is so because it is
appropriate to use a baseline scenario
that reflects compliance with existing
federal law and a post-regulatory
scenario that is the leading scenario
being proposed.
For mercury-containing equipment,
we used a similar methodology in our
economic analysis to the one we are
using for CRTs. Again, because mercury-
containing equipment is often managed
in municipal solid waste, we have
modeled two baselines, one reflecting
compliance with Subtitle C management
under existing law and the other
reflecting ongoing management of a
portion of discarded mercury-containing
equipment in the municipal solid
wastestream.
The benefits from today
’
s proposed
rulemaking are presented qualitatively.
EPA solicits comment on the need and
means to evaluate quantitative benefits
from today
’
s rule.
2. Results
a. Volume.
Estimated volumes of
CRTs subject to RCRA regulation are
16,100 tons of monitors under the
Subtitle C baseline. We have estimated
the affected volume of CRTs (including
both previously regulated and diverted
volumes of monitors) under the primary
alternative at 17,500 tons and 17,700
under the CSI alternative when paired
with the Subtitle C baseline. We believe
that between 1500 and 1700 tons of
CRTs would be diverted from export or
hazardous waste landfill to CRT glass
manufacturing under both the primary
alternative and the CSI alternative.
Estimated volumes of mercury-
containing equipment affected by
today
’
s rule are 550 tons.
b. Cost/Economic Impact.
We
estimate that the primary alternative
would save CRT handlers $3.5 million
per year relative to the Subtitle C
baseline. This cost savings comes from
reduced administrative, transportation
and disposal/management cost. We
estimate that CSI alternative would save
CRT handlers $1.15 million relative to
the Subtitle C baseline, again primarily
due to reduced administrative and
disposal costs. However, unlike the
primary alternative, transportation costs
could actually be higher for the CSI
alternative because this option does not
include lead smelters. Thus, longer
transportation distances to glass
processors would be required.
To estimate the economic impact of
the primary alternative and CSI
alternative on CRT handlers, the Agency
evaluated the cost savings or
incremental costs as a percentage of firm
sales. In virtually all cases economic
impacts are cost savings at less than one
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percent of firm sales. The average
savings for a previously regulated small
quantity generator is $755 per year and
$1740 per year for a previously
regulated large quantity generator under
the primary alternative. The average
cost savings for previously regulated
small and large quantity generators
under the CSI alternative are estimated
at $703 and $7819 respectively.
For mercury-containing equipment,
we estimate cost savings resulting from
today
’
s proposal would be
approximately $273,000 per year. Of
this, about $200,000 in savings is
attributed to generators of mercury-
containing equipment, an average of
$106 per generator per year. The
remaining $73,000 is attributable to
retorters and waste brokers. As with
CRTs, the economic impact of these
savings relative to firm sales is very
small,
i.e.,
less than 0.1 percent of firm
sales.
c. Benefits.
EPA has evaluated the
qualitative benefits and to a lesser
extent, the quantitative benefits of the
proposed rule for CRTs and mercury-
containing equipment. Some of the
benefits resulting from today
’
s rule
include conservation of landfill
capacity, increase in resource efficiency,
growth of a recycling infrastructure for
CRTs and possible reduction of lead
emissions to the environment from CRT
recycling. EPA estimates that
approximately 2600 tons or 456,000
cubic feet of CRTs per year would be
redirected away from landfills towards
recycling under the Agency
’
s proposal
today. In addition, as mentioned above,
the use of processed CRT glass benefits
the manufacturer in several ways, such
as improving heat transfer and melting
characteristics in the furnaces, lowering
energy consumption, and maintaining
or improving the quality of the final
product. This rule will facilitate the
growth and development of the CRT
glass processing industry in the United
States by reducing regulatory barriers to
new glass processing firms becoming
established. Finally, this rule will
reduce lead emissions to the
environment by diverting CRTs from
municipal landfills and waste-to-energy
facilities.
B. Regulatory Flexibility Act (RFA), as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et seq.
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of today
’
s rule on small entities, small
entity is defined as: (1) A small business
that has fewer than 1000 or 100
employees per firm depending upon the
SIC code the firm primarily is classified;
(2) a small governmental jurisdiction
that is a government of a city, county,
town, school district or special district
with a population of less than 50,000;
and (3) a small organization that is any
not-for-profit enterprise which is
independently owned and operated and
is not dominant in its field.
The small entity analysis conducted
for today
’
s proposal indicates that
streamlining requirements for CRTs and
mercury-containing equipment would
generally result in savings to affected
entities compared to baseline
requirements. Under the full
compliance scenario, the rule is not
expected to result in a net cost to any
affected entity. Thus, adverse impacts
are not anticipated. Costs could increase
for entities that are not complying with
current requirements, but even these
costs, which are not properly
attributable to the current rulemaking,
would not be expected to result in
significant impacts on a substantial
number of small entities.
After considering the economic
impacts of today
’
s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities.
C. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501
et seq.
Information
Collection Request (ICR) documents
have been prepared (ICR No. 1189.10)
for the proposed CRT requirements, and
ICR No. 1597.05 for the proposed
requirements for mercury-containing
equipment. Copies may be obtained
from Susan Auby by mail at U.S.
Environmental Protection Agency,
Collection Strategies Division (Mail
Code 2822), 1200 Pennsylvania Ave.
NW., Washington, DC 20460
–
0001, by
email at
auby.susan@epa.gov,
or by
calling (202) 260
–
4901. A copy may also
be downloaded off the Internet at
http://www.epa.gov/icr
.
The information requirements
established for this action, and
identified in the Information Collection
Request (ICR) supporting today
’
s
proposed rule, are largely self-
implementing. This process will ensure
that: (i) Regulated entities managing
CRTs or mercury-containing equipment
are held accountable to the applicable
requirements; and (ii) state inspectors
can verify compliance when needed.
For example, the universal waste
standards require LQHUWs and
SQHUWs to demonstrate the length of
time that mercury-containing equipment
has been accumulated from the date
they were received or became a waste.
The standards also require LQHUWs
and destination sites to keep records of
all shipments received and sent.
Further, the standards require waste
handlers and processors to notify EPA
under certain circumstances (e.g, when
large amounts are accumulated or when
illegal shipments are received).
EPA will use the collected
information to ensure that mercury-
containing equipment is being managed
in a protective manner. These data aid
the Agency in tracking waste shipments
and identifying improper management
practices. In addition, information kept
in facility records helps handlers,
processors, and destination sites to
ensure that they and other facilities are
managing these wastes properly. Section
3007(b) of RCRA and 40 CFR part 2,
subpart B, which define EPA
’
s general
policy on the public disclosure of
information, contain provisions for
confidentiality. However, no questions
of a sensitive nature are included in any
of the information collection
requirements associated with today
’
s
action.
EPA has carefully considered the
burden imposed upon the regulated
community by the regulations. EPA is
confident that those activities required
of respondents are necessary and, to the
extent possible, has attempted to
minimize the burden imposed. EPA
believes strongly that if the minimum
requirements specified under the
regulations are not met, neither the
facilities nor EPA can ensure that used
CRTs and mercury-containing
equipment are being managed in a
manner protective of human health and
the environment.
For the proposed requirements
applicable to CRTs, the aggregate annual
burden to respondents over the three-
year period covered by this ICR is
estimated at 10,426 hours, with a cost of
approximately $687,000. Average
annual burden hours per respondent are
estimated to be 7 hours; there are an
estimated 2400 respondents. This
represents a reduction in burden to
respondents of approximately 18,616.
There are no capital or start-up costs,
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operation or maintenance costs, and no
costs for purchases of services. Nor is
there any burden to the Agency. For the
proposed requirements affecting
mercury-containing equipment, the
aggregate annual burden to respondents
over the three-year period covered by
this ICR is estimated at 114,770 hours,
with a cost of approximately $825,158.
Average annual burden hours per
respondent are estimated to be 4.5 hours
for small quantity handlers, 15 hours for
large quantity handlers, 10 hours for
treatment, storage, and disposal
facilities, and 16 hours for transporters;
there are an estimated 2495
respondents. This represents a
reduction in burden of approximately
18,493 hours. The aggregate burden to
the Agency is estimated at 377 hours,
with a cost of $10,816.00. Total capital
costs are estimated to be $1430 annually
for all respondents, and operation and
maintenance costs are estimated to be
$113 annually for all respondents.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, disclose, or
provide information to or for a federal
agency. This includes the time needed
to review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining
information, and disclosing and
providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An Agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA
’
s regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.
Comments are requested on the
Agency
’
s need for this information, the
accuracy of the provided burden
estimates, and any suggested methods
for minimizing respondent burden,
including the use of automated
collection techniques. Send comments
on the ICR to the Director, Collection
Strategies Division, U.S. Environmental
Protection Agency (Mail Code 2823),
1200 Pennsylvania Avenue, NW.,
Washington, DC 20460
–
0001; and to the
Office of Regulatory Affairs, Office of
Management and Budget, 725 17th St.,
NW, Washington, DC 20503, marked
‘‘
Attention: Desk Officer for EPA
’’
.
Include the ICR number in any
correspondence. Since OMB is required
to make a decision concerning the ICR
between 30 and 60 days after June 12,
2002, a comment to OMB is best assured
of having its full effect if OMB receives
it by July 12, 2002. The final rule will
respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
D. Unfunded Mandates
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104
–
4, establishes requirements for
federal agencies to assess the effects of
their regulatory actions on state, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for the proposed and final
rules with
‘‘
federal mandates
’’
that may
result in expenditures by state, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year.
Before promulgating a rule for which
a written statement is needed, section
205 of the UMRA generally requires
EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including tribal governments, it must
have developed under section 203 of the
UMRA a small government agency plan.
The plan must provide for notifying
potentially affected small governments,
enable officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
federal intergovernmental mandates,
and informing, educating, and advising
small governments on compliance with
the regulatory requirements.
The Agency
’
s analysis of compliance
with the Unfunded Mandates Reform
Act (UMRA) of 1995 found that today
’
s
proposed rule imposes no enforceable
duty on any state, local or tribal
government or the private sector. This
proposed rule contains no federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
state, local, or tribal governments or the
private sector. In addition, EPA has
determined that this rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. The Act generally
excludes from the definition of
‘‘
federal
intergovernmental mandate
’’
(in
sections 202, 203, and 205) duties that
arise from participation in a voluntary
federal program. Today
’
s proposed rule
is voluntary, and because it is less
stringent than the current regulations,
state governments are not required to
adopt the proposed changes. The UMRA
generally excludes from the definition
of
‘‘
Federal intergovernmental mandate
’’
duties that arise from participation in a
voluntary federal program. The UMRA
also excludes from the definition of
‘‘
Federal private sector mandate
’’
duties
that arise from participation in a
voluntary federal program. Therefore we
have determined that today
’
s proposal is
not subject to the requirements of
sections 202 and 205 of UMRA.
E. Executive Order 13132
Executive Order 13132, entitled
‘‘
Federalism
’’
(64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.
‘‘
Policies that have
federalism implications
’’
is defined in
the Executive Order to include
regulations that have
‘‘
substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
’’
This
proposed rule does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132.
F. Executive Order 13175
Executive Order 13175, entitled
‘‘
Consultation and Coordination with
Indian Tribal Governments
’’
(65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure
‘‘
meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.
’’
‘‘
Policies that have tribal
implications
’’
is defined in the
Executive Order to include regulations
that have
‘‘
substantial direct effects on
one or more Indian tribes, on the
relationship between the federal
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government and the Indian tribes, or on
the distribution of power and
responsibilities between the federal
government and Indian tribes. This
proposed rule does not have tribal
implications. It will not have substantial
direct effects on tribal governments, on
the relationship between the federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the federal
government and Indian tribes, as
specified in Executive Order 13175.
G. Executive Order 13045
‘‘
Protection of Children From
Environmental Health Risks and Safety
Risks
’’
(62 FR 19885, April 23, 1997)
applies to any rule that EPA determines
(1)
‘‘
economically significant
’’
as
defined under Executive Order 12866,
and (2) concerns an environmental
health or safety risk that EPA has reason
to believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children and explain why the planned
regulation is preferable to other
potential effective and reasonably
feasible alternatives considered by the
Agency. This proposed rule is not
subject to Executive Order 13045
because it is not an economically
significant rule as defined by Executive
Order 12866.
H. Executive Order 13211
This rule is not a
‘‘
significant energy
action
’’
as defined in Executive Order
13211,
‘‘
Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
’’
(66 FR 28355, May
22, 2001) because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
Today
’
s proposed rule streamlines
hazardous waste management
requirements for used cathode ray tubes
and mercury-containing equipment. By
encouraging reuse and recycling, the
rule may save energy costs associated
with manufacturing new materials. It
will not cause reductions in supply or
production of oil, fuel, coal, or
electricity. Nor will it result in
increased energy prices, increased cost
of energy distribution, or an increased
dependence on foreign supplies of
energy.
I. National Technology Transfer and
Advancement Act of 1995
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (
‘‘
NTTAA
’’
), Public Law
104
–
113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, though OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
rule does not establish technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Environmental Justice
Executive Order 12898,
‘‘
Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
’’
(February 11,
1994) is designed to address the
environmental and human health
conditions of minority and low-income
populations. EPA is committed to
addressing environmental justice
concerns and has assumed a leadership
role in environmental justice initiatives
to enhance environmental quality for all
citizens of the United States. The
Agency
’
s goals are to ensure that no
segment of the population, regardless of
race, color, national origin, income, or
net worth bears disproportionately high
and adverse human health and
environmental impacts as a result of
EPA
’
s policies, programs, and activities.
In response to Executive Order 12898,
EPA
’
s Office of Solid Waste and
Emergency Response (OSWER) formed
an Environmental Justice Task Force to
analyze the array of environmental
justice issues specific to waste programs
and to develop an overall strategy to
identify and address these issues
(OSWER Directive No. 9200.3
–
17). To
address this goal, EPA conducted a
qualitative analysis of the
environmental justice issues under this
proposed rule. Potential environmental
justice impacts are identified consistent
with the EPA
’
s Environmental Justice
Strategy and the OSWER Environmental
Justice Action Agenda.
Today
’
s proposed rule would
streamline hazardous waste
management requirements for used
cathode ray tubes sent for recycling. It
would also streamline such
requirements for mercury-containing
equipment by adding this equipment to
the federal universal waste rule.
Facilities that would be affected by
today
’
s rule include any facility
generating hazardous waste computers
and televisions sent for recycling, and
any facility generating hazardous waste
mercury-containing equipment sent for
recycling or disposal. Also affected
would be facilities which recycle these
materials. Disposal facilities themselves
would not be affected by today
’
s
proposed rule.
The wide distribution of affected
facilities throughout the United States
does not suggest any distributional
pattern around communities of concern.
Any building in any area could be
affected by today
’
s proposal. Specific
impacts on low income or minority
communities, therefore, are
undetermined. The Agency believes that
emissions during transportation would
not be a major contributor to
communities of concern through which
used CRTs and mercury-containing
equipment may be transported. Any
such material broken during transport
would be contained in the required
packaging. Overall, no disproportional
impacts to minority or low income
communities are expected.
List of Subjects
40 CFR Part 260
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Waste treatment and
disposal.
40 CFR Part 261
Environmental protection, Hazardous
waste, Recycling, Reporting and
recordkeeping requirements.
40 CFR Part 264
Environmental protection, Hazardous
materials, Packaging and containers,
Reporting and recordkeeping
requirements, Security measures, Surety
bonds.
40 CFR Part 265
Environmental protection, Hazardous
materials, Packaging and containers,
Security measures, Surety bonds.
40 CFR Part 268
Environmental protection, Hazardous
waste, Reporting and recordkeeping
requirements.
40 CFR Part 270
Environmental protection, Hazardous
materials transportation, Reporting and
recordkeeping requirements.
40 CFR Part 273
Environmental protection, Hazardous
materials transportation, Hazardous
waste.
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Dated: May 17, 2002.
Christine T. Whitman,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations, parts 260, 261,
264, 265, 268, 270 and 273, are
amended as follows:
PART 260
—
HAZARDOUS WASTE
MANAGEMENT SYSTEM: GENERAL
1. The authority citation for part 260
continues to read as follows:
Authority:
42 U.S.C. 6905, 6912(a), 6921
–
6927, 6930, 6934, 6935, 6937, 6938, 6939,
and 6974.
Subpart B
—
Definitions
2. Section 260.10 is amended by
adding in alphabetical order the
definitions of
‘‘
Cathode ray tube,
’’
‘‘
CRT
glass manufacturing facility,
’’
‘‘
CRT
glass processor,
’’
and
‘‘
Mercury-
containing equipment
’’
and by
republishing the introductory text of
and adding paragraph (5) to the the
definition of
‘‘
Universal Waste
’’
to read
as follows:
§
260.10 Definitions.
* * * * *
Cathode ray tube or CRT
means a
vacuum tube, composed primarily of
glass, which is the video display
component of a television or computer
monitor. An intact CRT means a CRT
remaining within the monitor whose
vacuum has not been released. A broken
CRT means glass removed from the
monitor after the vacuum has been
released.
* * * * *
CRT glass manufacturing facility
means a facility or part of a facility that
uses a furnace to manufacture CRT
glass.
* * * * *
CRT processing
means conducting all
of the following activities:
(1) Receiving broken or intact CRTs;
(2) Intentionally breaking intact CRTs
or further breaking or separating broken
CRTs;
(3) Sorting or otherwise managing
glass removed from CRT monitors; and
(4) Cleaning coatings off the glass
removed from CRTs.
* * * * *
Mercury-containing equipment
means
a device or part of a device (excluding
batteries, thermostats, and lamps) that
contains elemental mercury necessary
for its operation.
* * * * *
Universal Waste
means any of the
following hazardous wastes that are
managed under the universal waste
requirements of part 273 of this chapter:
* * * * *
(5) Mercury-containing equipment as
described in
§
273.6 of this chapter.
* * * * *
PART 261
—
IDENTIFICATION AND
LISTING OF HAZARDOUS WASTE
3. The authority citation for part 261
continues to read as follows:
Authority:
42 U.S.C. 6905, 6912(a), 6921,
6922, 6924(y), and 6938.
Subpart A
—
General
4. Section 261.4 is amended by
adding a new paragraph (a)(23) to read
as follows:
§
261.4 Exclusions.
(a) * * *
(23) Used cathode ray tubes (CRTs)
(i) Used intact CRTs as defined in
§
260.10 are not solid wastes unless
disposed. No restrictions on speculative
accumulation as defined in
§
261.1
apply.
(ii) Used, broken CRTs as defined in
§
260.10 are not solid wastes provided
that they meet the requirements of
§
261.39.
* * * * *
5. Section 261.9 is amended by
adding a new paragraph (e) to read as
follows:
§
261.9 Requirements for universal waste.
* * * * *
(e) Mercury-conteaining equipment as
described in
§
273.6 of this chapter.
6. Section 261.38 of subpart D is
transferred to Subpart E which is added
to read as follows:
Subpart E
—
Exclusions/Exemptions
Sec.
261.38 Comparable/Syngas Fuel Exclusion.
261.39 Conditional Exclusion for Broken,
Used Cathode Ray Tubes (CRTs)
Undergoing Recycling.
Subpart E
—
Exclusions/Exemptions
§
261.38 Comparable/Syngas Fuel
Exclusion.
* * * * *
§
261.39 Conditional Exclusion for Broken,
Used Cathode Ray Tubes (CRTs)
Undergoing Recycling.
Broken, used CRTs are not solid
wastes if they meet the following
conditions:
(a)
Prior to processing:
These
materials are not solid wastes if they are
destined for recycling and if they meet
the following requirements:
(1)
Storage.
The broken CRTs must be
either:
(i) Stored in a building with a roof,
floor, and walls, or
(ii) Placed in a container (
i.e.,
a
package or a vehicle) that is constructed,
filled, and closed to minimize
identifiable releases to the environment
of CRT glass (including fine solid
materials).
(2)
Labeling.
Each container in which
the used, broken CRT is contained must
be labeled or marked clearly with one of
the following phrases:
‘‘
Waste cathode
ray tube(s)
—
contains leaded glass,
’’
or
‘‘
Used cathode ray tube(s)
—
contains
leaded glass.
’’
It must also be labeled:
‘‘
Do not mix with other glass materials.
’’
(3)
Transportation.
These CRTs must
be transported in a container meeting
the requirements of paragraphs(a)(1)(ii)
and (2) of this section.
(4)
Speculative accumulation.
These
CRTs are subject to the limitations on
speculative accumulation as defined in
§
261.1.
(b)
Requirements for used CRT
processing:
Used, broken CRTs
undergoing CRT processing as defined
in
§
260.10 are not solid wastes if they
meet the following requirements:
(1)
Storage.
Broken CRTs undergoing
processing are subject to the
requirements of paragraphs (a)(1), (2),
and (4) of this section.
(2)
Processing.
(i) All CRTs must be processedwithin
a building with a roof, floor, and walls;
and
(ii) No activities may be performed
that use temperatures high enough to
volatilize lead from CRTs.
(c)
Processed CRT glass sent to CRT
glass making or lead smelting:
Glass
removed from used CRTs that is
destined for recycling at a CRT glass
manufacturing facility or a lead smelter
after processing is not a solid waste
unless it is speculatively accumulated
as defined in
§
261.1. Imported,
processed glass from used CRTs is
subject to these requirements as soon as
it enters the United States.
(d)
Processed CRT glass sent to other
types of recycling, except for use
constituting disposal:
Glass removed
from used CRTs that is destined for
other types of recycling after processing
(except use constituting disposal) is not
a solid waste if it meets the
requirements of paragraphs (a)(1)
–
(4) of
this section. Imported, processed glass
removed from used CRTs is subject to
these requirements as soon as it enters
the United States.
(e)
Use constituting disposal:
Processed glass removed from CRT
monitors that is used in a manner
constituting disposal must comply with
the requirements of paragraphs (a)(1)
–
(4) of this section and the applicable
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requirements of part 266, subpart C of
this chapter. Imported, processed glass
from used CRTs is subject to these
requirements as soon as it enters the
United States.
PART 264
—
STANDARDS FOR
OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT
STORAGE AND DISPOSAL FACILITIES
7. The authority citation for part 264
continues to read as follows:
Authority:
42 U.S.C. 6905, 6912(a), 6924,
and 6925.
Subpart A
—
General
8. Section 264.1 is amended by
adding a new paragraph (g)(11)(v) to
read as follows:
§
264.1 Purpose, scope, and applicability.
* * * * *
(g) * * *
(11) * * *
(v) Mercury-containing equipment as
described in
§
273.6 of this chapter.
* * * * *
PART 265
—
INTERIM STATUS
STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND
DISPOSAL FACILITIES
9. The authority citation for part 265
continues to read as follows:
Authority:
42 U.S.C. 6905, 6906, 6912,
6922, 6923, 6924, 6925, 6935, 6936, and
6937.
Subpart A
—
General
10. Section 265.1 is amended by
adding a new paragraph (c)(14)(v) to
read as follows:
§
265.1 Purpose, scope and applicability.
* * * * *
(c) * * *
(14) * * *
(v) Mercury-containing equipment as
described in
§
273.6 of this chapter.
* * * * *
PART 268
—
LAND DISPOSAL
RESTRICTIONS
11. The authority citation for part 268
continues to read as follows:
Authority:
42 U.S.C. 6905, 6912(a), 6921,
and 6924.
Subpart A
—
General
12. Section 268.1 is amended by
adding a new paragraph (f)(5) to read as
follows:
* * * * *
(5) Mercury-containing equipment as
described in
§
273.6 of this chapter.
* * * * *
PART 270
—
EPA ADMINISTERED
PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT
PROGRAM
13. The authority citation for part 270
continues to read as follows:
Authority:
42 U.S.C. 6905, 6912, 6924,
6925, 6927, 6939, and 6974.
Subpart A
—
General Information
14. Section 270.1 is amended by
adding a new paragraph (c)(2)(viii)(E) to
read as follows:
§
270.1 Purpose and scope of these
regulations.
* * * * *
(c) * * *
(2) * * *
(viii) * * *
(E) Mercury-containing equipment as
described in
§
273.6 of this chapter.
* * * * *
PART 273
—
STANDARDS FOR
UNIVERSAL WASTE MANAGEMENT
15. The authority citation for part 273
continues to read as follows:
Authority:
42 U.S.C. 6922, 6923, 6924,
6925, 6930, and 6937.
Subpart A
—
General
* * * * *
16. Section 273.1 is amended by
adding a new paragraph (a)(5) to read as
follows:
§
273.1 Scope.
(a) * * *
(5) Mercury-containing equipment as
described in
§
273.6.
* * * * *
17. A new
§
273.6 is added to read as
follows:
§
273.6 Applicability
—
Mercury-containing
equipment.
(a)
Mercury-containing equipment
covered under this part 273.
The
requirements of this part apply to
persons managing mercury-containing
equipment as described in
§
273.9,
except those listed in paragraph (b) of
this section.
(b)
Mercury-containing equipment not
covered under this part 273.
The
requirements of this part do not apply
to persons managing the following
mercury-containing equipment:
(1) Mercury-containing equipment
that is not yet a waste under part 261
of this chapter. Paragraph (c) of this
section describes when mercury-
containing equipment becomes a waste.
(2) Mercury-containing equipment
that is not a hazardous waste. Mercury-
containing equipment is a hazardous
waste if it exhibits one or more of the
characteristics identified in part 261,
subpart C of this chapter.
(c)
Generation of waste mercury-
containing equipment.
(1) Used
mercury-containing equipment becomes
a waste on the day it is discarded.
(2) Unused mercury-containing
equipment becomes a waste on the day
the handler decides to discard it.
18. Section 273.9 is amended by
adding in alphabetical order the
definition of
‘‘
Mercury-containing
equipment
’’
and revising the definitions
of
‘‘
Large quantity handler of universal
waste,
’’
‘‘
Small quantity handler of
universal waste,
’’
and republishing the
introductory text of and adding
paragraph (5) to the definition of
‘‘
Universal waste
’’
to read as follows:
§
273.9 Definitions.
* * * * *
Large Quantity Handler of Universal
Waste
means a universal waste handler
(as defined in this section) who
accumulates 5,000 kilograms or more
total of universal waste (batteries,
pesticides, thermostats, lamps, or
mercury-containing equipment,
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
the 5,000 kilogram limit is met or
exceeded.
* * * * *
Mercury-containing equipment
means
a device or part of a device (excluding
batteries, thermostats, and lamps) that
contains elemental mercury necessary
for its operation.
* * * * *
Small Quantity Handler of Universal
Waste
means a universal waste handler
(as defined in this section) who does not
accumulate 5,000 kilograms or more of
universal waste (batteries, pesticides,
thermostats, lamps, or mercury-
containing equipment, calculated
collectively) at any time.
* * * * *
Universal Waste
means any of the
following hazardous wastes that are
subject to the universal waste
requirements of this part 273:
* * * * *
(e) Mercury-containing equipment as
described in
§
273.6.
* * * * *
Subpart B
—
Standards for Small
Quantity Handlers of Universal Waste
19. Section 273.13 is amended by
revising paragraph (c) to read as follows:
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§
273.13 Waste management.
* * * * *
(c)
Universal waste thermostats and
mercury-containing equipment.
A small
quantity handler of universal waste
must manage universal waste
thermostats and mercury-containing
equipment 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 must place in a
container any universal waste
thermostat or mercury-containing
equipment that shows evidence of
leakage, spillage, or damage that could
cause leakage under reasonably
foreseeable conditions. The container
must be closed, structurally sound,
compatible with the contents of the
thermostat or device, 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 or mercury-
containing equipment provided the
handler:
(i) Removes the ampules in a manner
designed to prevent breakage of the
ampules;
(ii) Removes ampules only over or in
a containment device (tray or pan
sufficient to collect and contain any
mercury released from an ampule in
case of breakage);
(iii) Ensures that a mercury clean-up
system is readily available to
immediately transfer any mercury
resulting from spills or leaks from
broken ampules, from that containment
device to a container that meets the
requirements of 40 CFR 262.34;
(iv) Immediately transfers any
mercury resulting from spills or leaks
from broken ampules from the
containment device to a container that
meets the requirements of 40 CFR
262.34;
(v) Ensures that the area in which
ampules are removed is well ventilated
and monitored to ensure compliance
with applicable OSHA exposure levels
for mercury;
(vi) 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;
(vii) Stores removed ampules in
closed, non-leaking containers that are
in good condition;
(viii) Packs removed ampules in the
container with packing materials
adequate to prevent breakage during
storage, handling, and transportation,
and
(3)(i) A small quantity handler of
universal waste who removes mercury-
containing ampules from thermostats or
mercury-containing equipment must
determine whether the following exhibit
a characteristic of hazardous waste
identified in 40 CFR part 261, subpart
C:
(A) Mercury or clean-up residues
resulting from spills or leaks, and/or
(B) Other solid waste generated as a
result of the removal of mercury-
containing ampules (
e.g.,
remaining
thermostat units or mercury-containing
equipment).
(ii) If the mercury, residues, and/or
other solid waste exhibit a characteristic
of hazardous waste, it must be managed
in compliance with all applicable
requirements of 40 CFR parts 260
through 272. The handler is considered
the generator of the mercury, residues,
and/or other waste and must manage it
in compliance with 40 CFR part 262.
(iii) If the mercury, residues, and/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
waste regulations.
20. Section 273.14 is amended by
adding a new paragraph (f) to read as
follows:
§
273.14 Labeling/marking.
* * * * *
(f) Mercury-containing equipment, or
a container in which the equipment is
contained, must be labeled or marked
clearly with any of the following
phrases:
‘‘
Universal Waste
—
Mercury-
Containing Equipment,
’’
or
‘‘
Waste
Mercury-Containing Equipment,
’’
or
‘‘
Used Mercury-Containing Equipment.
’’
Subpart C
—
Standards for Large
Quantity Handlers of Universal Waste
21. Section 273.32 is amended by
revising paragraphs (b)(4) and (b)(5) to
read as follows:
§
273.32 Notification.
* * * * *
(b) * * *
(4) A list of all the types of universal
waste managed by the handler (
e.g.,
batteries, pesticides, thermostats, lamps,
and mercury-containing equipment);
(5) A statement indicating that the
handler is accumulating more than
5,000 kg of universal waste at one time
and the types of universal waste (
i.e.,
batteries, pesticides, thermostats, lamps,
and mercury-containing equipment) the
handler is accumulating above this
quantity.
22. Section 273.33 is amended by
revising paragraph (c) to read as follows:
§
273.33 Waste management.
* * * * *
(c)
Universal waste thermostats and
mercury-containing equipment.
A large
quantity handler of universal waste
must manage universal waste
thermostats and mercury-containing
equipment in a way that prevents
releases of any universal waste or
component of a universal waste to the
environment, as follows:
(1) A large quantity handler of
universal waste must contain any
universal waste thermostat or mercury-
containing equipment 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/or
equipment, 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-
containing ampules from universal
waste thermostats or mercury-
containing equipment provided the
handler:
(i) Removes the ampules in a manner
designed to prevent breakage of the
ampules;
(ii) Removes ampules only over or in
a containment device (tray or pan
sufficient to collect and contain any
mercury released from an ampule in
case of breakage);
(iii) Ensures that a mercury clean-up
system is readily available to
immediately transfer any mercury
resulting from spills or leaks from
broken ampules, from that containment
device to a container that meets the
requirements of 40 CFR 262.34;
(iv) Immediately transfers any
mercury resulting from spills or leaks
from broken ampules from the
containment device to a container that
meets the requirements of 40 CFR
262.34;
(v) Ensures that the area in which
ampules are removed is well ventilated
and monitored to ensure compliance
with applicable OSHA exposure levels
for mercury;
(vi) 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;
(vii) Stores removed ampules in
closed, non-leaking containers that are
in good condition;
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(viii) Packs removed ampules in the
container with packing materials
adequate to prevent breakage during
storage, handling, and transportation,
and
(3)(i) A large quantity handler of
universal waste who removes mercury-
containing ampules from thermostats or
mercury-containing equipment must
determine whether the following exhibit
a characteristic of hazardous waste
identified in 40 CFR part 261, subpart
C:
(A) Mercury or clean-up residues
resulting from spills or leaks, and/or
(B) Other solid waste generated as a
result of the removal of mercury-
containing ampules (
e.g.,
remaining
thermostat units or mercury-containing
equipment).
(ii) If the mercury, residues, and/or
other solid waste exhibit a characteristic
of hazardous waste, it must be managed
in compliance with all applicable
requirements of 40 CFR parts 260
through 272. The handler is considered
the generator of the mercury, residues,
and/or other waste and must manage it
in compliance with 40 CFR part 262.
(iii) If the mercury, residues, and/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
waste regulations.
* * * * *
23. Section 273.34 is amended by
adding a new paragraph (f) to read as
follows:
§
273.34 Labeling/marking.
* * * * *
(f) Mercury-containing equipment, or
a container in which the equipment is
contained, must be labeled or marked
clearly with any of the following
phrases:
‘‘
Universal Waste
—
Mercury-
Containing Equipment,
’’
or
‘‘
Waste
Mercury-Containing Equipment,
’’
or
‘‘
Used Mercury-Containing Equipment.
’’
[FR Doc. 02
–
13116 Filed 6
–
11
–
02; 8:45 am]
BILLING CODE 6560
–
50
–
P
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