ILLINOIS POLLUTION CONTROL BOARD
February 2, 2006
IN THE MATTER OF: )
)
UIC CORRECTIONS, USEPA ) R06-5
AMENDMENTS January 1, 2005 through ) (Identical-in-Substance
June 30, 2005) ) Rulemaking - Land)
RCRA SUBTITLE D UPDATE, USEPA ) R06-6
AMENDMENTS (January 1, 2005 through ) (Identical-in-Substance
June 30, 2005 and August 1, 2005) ) Rulemaking - Land)
RCRA SUBTITLE C UPDATE, USEPA ) R06-7
AMENDMENTS (January 1, 2005 through ) (Identical-in-Substance
June 30, 2005 and August 1, 2005) ) Rulemaking - Land)
) (Consolidated)
Adopted Rule. Final Order.
SUPPLEMENTAL OPINION AND ORDER OF THE BOARD (by G.T. Girard):
SUMMARY OF TODAY’S ACTION
On January 5, 2005, the Board adopted final identical-in-substance rules in three
consolidated dockets. Today, the Board adopts minor, non-substantive corrections to those rules.
These corrections are prompted by questions submitted to the Board by the Joint Committee on
Administrative Rules (JCAR).
This rulemaking updates the Illinois underground injection control, municipal solid waste
landfill, and hazardous waste regulations to incorporate revisions to the federal regulations. The
United States Environmental Protection Agency (USEPA) adopted the federal amendments that
prompted this action during the period of January 1, 2005 through June 30, 2005. The opinion of
January 5, 2006, explains the federal actions and corresponding Board amendments to the
Illinois regulations in detail. The accompanying Board order of January 5, 2006, sets forth the
full text of the rules. Today’s supplemental opinion and order is restricted to consideration of
the JCAR questions and the segments of the rules text revised in response to those questions.
The Board will file the adopted rules as corrected on or before February 24, 2006, to
assure timely completion of the amendments.
DISCUSSION
The Board received a set of questions on the rules from JCAR. The Board docketed the
questions as public comment number two (PC 2) on January 11, 2006. That comment is
described as follows:
2
PC 2 January 11, 2006, e-mail from Deborah Connelly.
PC 2 has prompted revision of the rules adopted on January 5, 2006. The tables that
appear in this supplemental opinion and order indicate the JCAR questions and the Board
responses. Table 1 indicates the revisions prompted by PC 2. Table 2 briefly responds to the
small number of JCAR questions that did not prompt revisions.
Table 1:
Revisions to the Text of the Adopted Amendments Prompted by JCAR
Questions
Section Revised Revision(s) Prompted by JCAR Questions
703.205(b) Changed “Section 703.222 et seq.” to “Section 703.222 through
703.224”
703.205(c)(1)(C) Changed “appropriate analytical techniques” to “appropriate
analytical methods”
703.205(c)(1) Board
note
Added explanation of “appropriate analytical methods”
703.205(a)(2)(B)(ii) Changed “appropriate analytical techniques” to “appropriate
analytical methods”
703.208(a)(2)(B)(ii)
Board note
Added explanation of “appropriate analytical methods”
703.223(b)(1)(C) Changed “appropriate analytical techniques” to “appropriate
analytical methods”
703.223(b)(1) Board
note
Added explanation of “appropriate analytical methods”
703.232(c)(2)(A) Changed “appropriate analytical techniques” to “appropriate
analytical methods”
703.232(c)(2) Board
note
Added explanation of “appropriate analytical methods”
703.Appendix A,
¶ G.1
Added text “Modification of a tank . . . specified as follows:
720.111(a) Changed “ASTM Method G 21-70” to ASTM G 21-70”
720.111(a) Changed “ASTM Method G 22-76” to ASTM G 22-76”
720.111(a) “NTIS”
“Methods for . . .
Wastes” Board note
Corrected “EPA-600/4-79-002” to “EPA-600/4-79-020”
720.111(a) “OECD” Changed “C(92)39(Final)” to “C(92)39/Final” (six times; changed
“C(88)90(Final)” to “C(88)90/Final”; changed “C(94)152/FINAL” to
“C(94)152/Final”; changed “C(94)152(Final)” to ”C(94)152/Final”
720.111(b) “appendix
to 40 CFR 262”
Corrected “8700-22a” to “8700-22A”
720.111(b) “49 CFR
172.304”
Corrected “Hazardous Materials . . . Requirements” to “Marking
Requirements”
3
721.132(d)(4) Changed “on-site” to “on site”
721.Appendix A
“extremely viscous
liquid”
Changed “ASTM Standard D140-70” to “ASTM D 140-70”
721.Appendix A
“crushed or powdered
material”
Changed “ASTM Standard D346-75” to “ASTM D 346-75”
721.Appendix A “soil
or rock-like material”
Changed “ASTM Standard D420-69” to “ASTM D 420-69”
721.Appendix A “soil-
like material”
Changed “ASTM Standard D1452-65” to “ASTM D 1452-65”
721.Appendix A “ash-
like material”
Changed “ASTM Standard D2234-76” to “ASTM D 2234-76”
722.120(a)(1) Corrected “8700-22a” to “8700-22A”
722.120(a)(2)(B) Removed the unnecessary “(2004)”
722.121(b)(6)(G) Corrected “8700-22a” to “8700-22A”
722.181 “amber-list
controls”
Changed “C(92)39/FINAL” to “C(92)39/Final”
722.181 “amber-list
waste”
Changed “Appendix 4” to lower-case “appendix 4”; changed
“C(92)39/FINAL” to “C(92)39/Final”
722.181 “green-list
controls”
Changed “C(92)39/FINAL” to “C(92)39/Final”
722.181 “green-list
waste”
Changed “Appendix 3” to lower-case “appendix 3”; changed
“C(92)39/FINAL” to “C(92)39/Final”
722.181 “recovery
operations”
Changed “Table 2.B” to lower-case “table 2.B”; changed
“C(88)90/(Final)” to “C(88)39/Final”
722.181 “red-list
controls”
Changed “C(92)39/FINAL” to “C(92)39/Final”
722.181 “red-list
waste”
Changed “Appendix 5” to lower-case “appendix 5”; changed
“C(92)39/FINAL” to “C(92)39/Final”
722.187(a)(4) Changed “C(88)90/FINAL” to lower-case “C(88)90/Final”; changed
“C(94)152/FINAL” to “C(94)152/Final”
724.986(c)(4)(A) Reversed the amendment of “8700-22A” to “8700-22a”
724.986(d)(4)(A) Reversed the amendment of “8700-22A” to “8700-22a”
724.987(c)(4)(A) Reversed the amendment of “8700-22A” to “8700-22a”
724.987(d)(4)(A) Reversed the amendment of “8700-22A” to “8700-22a”
724.Appendix I
“chlorobenzilate”
Corrected the spelling of “ethylf” to “ethyl”
726.200(i) “toxicity
equivalence”
Removed the unnecessary “federal” from before “appendix IX to 40
CFR 266”
726.202(b)(1) Changed “appropriate analytical procedures” to “appropriate
analytical methods”
726.202(b)(1) Board
note
Added explanation of “appropriate analytical methods”
4
726.204(e)(3) Removed the unnecessary “federal” from before “appendix W to 40
CFR 51”
726.204(h) Changed “720.111” to “720.111(b)”
726.206(a) Changed “appropriate analytical procedures” to “appropriate
analytical methods”
726.206(a) Board note Added explanation of “appropriate analytical methods”
726.212(b)(2)(A) Changed “appropriate analytical procedures” to “appropriate
analytical methods”
726.212(b)(2)(A)
Board note
Added explanation of “appropriate analytical methods”
726.310 “eligible . . .
radioactive material”
Changed “EMA” to “IEMA”
726.310 “eligible . . .
radioactive material”
Board note
Changed “Illinois EMA” to “IEMA”
726.310 “IEMA” Changed “EMA” to “IEMA”; added “Illinois” before “Emergency
Management Agency”
726.310 “IEMA”
Board note
Changed “Illinois EMA” to “IEMA” (twice)
726.310 “license” Changed “Illinois EMA” to “IEMA” (twice)
726.310 “low-level
radioactive waste”
Board note
Changed “EMA” to “IEMA”
726.310 “mixed
waste” Board note
Changed “EMA” to “IEMA”
726.325 Changed “Illinois EMA” to “IEMA”
726.330(a) Changed “Illinois EMA” to “IEMA” (twice)
726.335 Changed “Illinois EMA” to “IEMA”
726.350(a) Changed “Illinois EMA” to “IEMA”
726.350(b) Changed “Illinois EMA” to “IEMA” (twice)
726.355(a) Changed “Illinois EMA” to “IEMA”
726.355(b) Changed “Illinois EMA” to “IEMA”
726.415(b) Changed “Illinois EMA” to “IEMA” (twice)
726.425 Changed “Illinois EMA” to “IEMA” (three times)
726.430(c) Changed “Illinois EMA” to “IEMA” (twice); changed “against” to
capitalized “Against”
726.430(d) Changed “Illinois EMA” to “IEMA”
726.435 Changed “Illinois EMA” to “IEMA”
726.445(a) Changed “Illinois EMA” to “IEMA”
726.450 preamble Changed “Illinois EMA” to “IEMA”
726.450(e) Changed “Illinois EMA” to “IEMA” (twice)
726.460(a) Changed “Illinois EMA” to “IEMA”
728.Table T “D014” Changed “Methoxychlor” to lower-case “methoxychlor”
728.Table T “D015” Changed “Toxaphene” to lower-case “toxaphene”
5
738.122(a)(4) Removed the overstriking from “this” and the underlined text “the
following” to reverse the change from “the following statement” to
“this statement”
Table 2:
JCAR Questions that Did Not Prompt Revisions to the Text of the Rules with
Accompanying Responses
Section Affected JCAR Question Explanation
721.103(e)(2)(C)(iii) Why add “federal” before
“40 CFR 268” (and in
other, similar provisions?
It is added for enhanced clarity and
emphasis in a handful of provisions.
721.105(g)(3)(C) Why delete the date
reference “(2002)”?
There is no need to restrict the granted
USEPA authorization to a C.F.R.
provision in the 2002 edition.
723.120(a)(1)(A) Why change “shall not” to
“may not”?
The Board avoids the use of “shall,”
which can be used in other than a
mandatory sense. The usage “may
not” has no non-mandatory sense.
724.245(c)(3)(B)(ii) Should “724.251” be
“724.151”?
No. The Board has codified 40 C.F.R.
264.151 as 35 Ill. Adm. Code 724.251.
726.212(b)(1) Should “toxic constituents”
appear as “Hazardous
Constituents” to reflect the
title of Appendix H to 35
Ill. Adm. Code 721?
No. USEPA uses “toxic constituents,”
and it is apparent that the title of
corresponding federal appendix VIII to
40 C.F.R. 261 is not intended.
The segments of the adopted rules affected by these revisions are set forth below. The
overall length of the complete text would amount to nearly 270 pages. Having already presented
the entire text of the adopted rules in the order of January 5, 2006, the Board presents below only
the revised segments of the text as they will be filed with the Office of the Secretary of State.
The revised segments of the rules are as follows:
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.
* * *
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 through 703.224.
c) In lieu of a trial burn, the applicant may submit the following information:
6
1) An analysis of each waste or mixture of wastes to be burned including the
following:
* * *
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
appropriate 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 methods;
***
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;
BOARD NOTE: The federal regulations do not themselves define the
phrase “appropriate analytical methods,” but USEPA did include a
definition in its preamble discussion accompanying the rule. The Board
directs attention to the following segment (at 70 Fed. Reg. 34538, 34541
(June 14, 2005)) for the purposes of subsections (b)(1)(C) and (b)(1)(D) of
this Section:
[T]wo primary considerations in selecting an appropriate method,
which together serve as our general definition of an appropriate
method [are the following] . . . :
1. Appropriate methods are reliable and accepted as such in the
scientific community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to specify
other documents that might provide guidance.
* * *
7
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 subpart EEE of 40 CFR 63, subpart EEE (National
Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors),
incorporated by reference in 35 Ill. Adm. Code 720.111 720.111(b) (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 subpart
EEE 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) Trial burns.
* * *
2) Waiver of trial burn of DRE (destruction removal efficiency).
***
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),
which waive the DRE trial burn, the owner or operator must
submit the following:
***
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 appropriate 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 methods.
BOARD NOTE: The federal regulations do not themselves
define the phrase “appropriate analytical methods,” but
8
USEPA did include a definition in its preamble discussion
accompanying the rule. The Board directs attention to the
following segment (at 70 Fed. Reg. 34538, 34541 (June 14,
2005)) for the purposes of subsections (b)(1)(C) and
(b)(1)(D) of this Section:
[T]wo primary considerations in selecting an
appropriate method, which together serve as our
general definition of an appropriate method [are the
following] . . . :
1. Appropriate methods are reliable and
accepted as such in the scientific
community.
2. Appropriate methods generate effective
data.
USEPA went on to further elaborate these two concepts
and to specify other documents that might provide
guidance.
* * *
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.
***
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:
* * *
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
9
basis for their exclusion stated. The waste analysis must rely on
appropriate 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
methods; and
D) An approximate quantification of the hazardous constituents
identified in the waste, within the precision produced by the
appropriate 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 Section 703.110, or their equivalent;
BOARD NOTE: The federal regulations do not themselves define the
phrase “appropriate analytical methods,” but USEPA did include a
definition in its preamble discussion accompanying the rule. The Board
directs attention to the following segment (at 70 Fed. Reg. 34538, 34541
(June 14, 2005)) for the purposes of subsections (b)(1)(C) and (b)(1)(D) of
this Section:
[T]wo primary considerations in selecting an appropriate method,
which together serve as our general definition of an appropriate
method [are the following] . . . :
1. Appropriate methods are reliable and accepted as such in the
scientific community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to specify
other documents that might provide guidance.
* * *
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 subpart EEE of 40 CFR 63, subpart EEE (National
Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors),
incorporated by reference in 35 Ill. Adm. Code 720.111 720.111(b) (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 subpart
EEE 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.
10
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).
* * *
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).
* * *
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
appropriate 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
methods;
***
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.
BOARD NOTE: The federal regulations do not themselves define the
phrase “appropriate analytical methods,” but USEPA did include a
definition in its preamble discussion accompanying the rule. The Board
directs attention to the following segment (at 70 Fed. Reg. 34538, 34541
(June 14, 2005)) for the purposes of subsections (b)(1)(C) and (b)(1)(D) of
this Section:
[T]wo primary considerations in selecting an appropriate method,
11
which together serve as our general definition of an appropriate
method [are the following] . . . :
1. Appropriate methods are reliable and accepted as such in the
scientific community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to specify
other documents that might provide guidance.
* * *
Section 703.Appendix A Classification of Permit Modifications
Class Modifications
* * *
G. Tanks
1. Modification of a tank unit, secondary containment system, or treatment
process that increases tank capacity, adds a new tank, or alters
treatment, specified as follows:
* * *
Section 720.111 References
The following documents are incorporated by reference for the purposes of this Part and 35 Ill.
Adm. Code 703 through 705, 721 through 726, 728, 730, 733, 738, and 739:
a) Non-Regulatory Government Publications and Publications of Recognized
Organizations and Associations:
* * *
ASTM. Available from American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA 19428-2959, 610-832-9585:
* * *
ASTM Method G 21-70 (1984a), “Standard Practice for
Determining Resistance of Synthetic Polymer Materials to Fungi.”,
referenced in 35 Ill. Adm. Code 724.414 and 725.414.
12
ASTM Method G 22-76 (1984b), “Standard Practice for
Determining Resistance of Plastics to Bacteria.”, referenced in 35
Ill. Adm. Code 724.414 and 725.414.
* * *
NTIS. Available from the U.S. Department of Commerce, National
Technical Information Service, 5285 Port Royal Road, Springfield, VA
22161, 703-605-6000 or 800-553-6847 (Internet address: www.ntis.gov):
* * *
“Methods for Chemical Analysis of Water and Wastes,” Third
Edition, March 1983, USEPA document number EPA-600/4-79-
020, (NTIS document number PB84-128677), referenced in 35 Ill.
Adm. Code 725.192.
BOARD NOTE: EPA-600/4-79-020 is also available on the
Internet as a viewable/printable HTML document from the USEPA
website at: www.epa.gov/clariton/clhtml/pubtitleORD.html as
document 600479002.
* * *
OECD. Organisation for Economic Co-operation and Development,
Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16,
France (www.oecd.org), also OECD Washington Center, 2001 L Street,
NW, Suite 650, Washington, DC 20036-4922, 202-785-6323 or 800-456-
6323 (www.oecdwash.org):
OECD “Amber List of Wastes,” Appendix 4 to the OECD Council
Decision C(92)39/FINAL C(92)39/Final (March 30, 1992, revised
May 1993) (Concerning the Control of Transfrontier Movements
of Wastes Destined for Recovery Operations), “Decision of the
Council Concerning the Control of Transfrontier Movements of
Wastes Destined for Recovery Operations.”USEPA-approved for
35 Ill. Adm. Code 722.189, referenced in 35 Ill. Adm. Code
722.181.
OECD “Amber Tier,” Section IV of the annex to the OECD
Council Decision C(92)39/Final (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery
Operations) (revised May 1993), referenced in 35 Ill. Adm. Code
722.181.
Annex to OECD Council Decision C(88)90/Final, as amended by
C(94)152/Final (revised July 1994), referenced in 35 Ill. Adm.
13
Code 722.187.
OECD “Green List of Wastes,” Appendix 3 to the OECD Council
Decision C(92)39/FINAL C(92)39/Final (March 30, 1992, revised
May 1994) (Concerning the Control of Transfrontier Movements
of Wastes Destined for Recovery Operations)), “Decision of the
Council Concerning the Control of Transfrontier Movements of
Wastes Destined for Recovery Operations.”USEPA-approved for
35 Ill. Adm. Code 722.189, referenced in 35 Ill. Adm. Code
722.181.
OECD “Green Tier,” Section III of the annex to the OECD
Council Decision C(92)39/Final (Concerning the Control of
Transfrontier Movements of Wastes Destined for Recovery
Operations) (revised May 1993), referenced in 35 Ill. Adm. Code
722.181.
* * *
OECD “Red List of Wastes,” Appendix 5 to the OECD Council
Decision C(92)39/FINAL C(92)39/Final (March 30, 1992, revised
revised May 1993), “Decision of the Council Concerning the
Control of Transfrontier Movements of Wastes Destined for
Recovery Operations.”USEPA-approved for 35 Ill. Adm. Code
722.189, referenced in 35 Ill. Adm. Code 722.181.
OECD “Red Tier,” Section V of the annex to the OECD Council
Decision C(92)39/Final (Concerning the Control of Transfrontier
Movements of Wastes Destined for Recovery Operations) (revised
May 1993), referenced in 35 Ill. Adm. Code 722.181.
Table 2.B of the Annex of OECD Council Decision
C(88)90(Final) (May 27, 1988), amended by C(94)152(Final)
C(94)152/Final (July 28, 1994), “Decision of the Council on
Transfrontier Movements of Hazardous Wastes,” referenced in 35
Ill. Adm. Code 722.181 and 722.187.
* * *
b) Code of Federal Regulations. Available from the Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20401, 202-783-3238:
* * *
Appendix to 40 CFR 262 (2005) (Uniform Hazardous Waste Manifest and
Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)),
14
and as amended at 70 Fed. Reg. 10776 (March 4, 2005), referenced in
Appendix A to 35 Ill. Adm. Code 722 and 35 Ill. Adm. Code 724.986 and
725.987.
* * *
49 CFR 172.304 (2004) (Marking Requirements), referenced in 35 Ill.
Adm. Code 722.132.
* * *
Section 721.132 Hazardous Waste from Specific Sources
* * *
d) Procedures for demonstrating that dyes or pigments nonwastewaters are not K181
waste. The procedures described in subsections (d)(1) through (d)(3) and (d)(5)
of this Section establish when nonwastewaters from the production of dyes or
pigments would not be hazardous. (These procedures apply to wastes that are not
disposed of in landfill units or treated in combustion units, as specified in
subsection (a) of this Section). If the nonwastewaters are disposed of in landfill
units or treated in combustion units as described in subsection (a) of this Section,
then the nonwastewaters are not hazardous. In order to demonstrate that it is
meeting the landfill disposal or combustion conditions contained in the K181
waste listing description, the generator must maintain documentation as described
in subsection (d)(4) of this Section.
* * *
4) Recordkeeping for the landfill disposal and combustion exemptions. For
the purposes of meeting the landfill disposal and combustion condition set
out in the K181 waste listing description in subsection (a) of this Section,
the generator must maintain on site for three years documentation
demonstrating that each shipment of waste was received by a landfill unit
that is subject to or which meets the landfill design standards set out in the
listing description or that the waste was treated in combustion units, as
specified in the listing description in subsection (a) of this Section.
***
Section 721.Appendix A Representative Sampling Methods
The methods and equipment used for sampling waste materials will vary with the form and
consistency of the waste materials to be sampled. Samples collected using the sampling
protocols listed below, for sampling waste with properties similar to the indicated materials, are
considered by USEPA to be representative of the waste.
15
Extremely viscous liquid: ASTM Standard D140–70 D 140–70, (Standard Practice for Sampling
Bituminous Materials), incorporated by reference in 35 Ill. Adm. Code 720.111 720.111(a).
Crushed or powdered material: ASTM Standard D346–75 D 346–75, (Standard Practice for
Collection and Preparation of Coke Samples for Laboratory Analysis), incorporated by reference
in 35 Ill. Adm. Code 720.111 720.111(a).
Soil or rock-like material: ASTM Standard D420–69 D 420–69, (Guide to Site Characterization
for Engineering, Design, and Construction Purposes), incorporated by reference in 35 Ill. Adm.
Code 720.111 720.111(a).
Soillike Soil-like material: ASTM Standard D1452–65 D 1452–65, (Standard Practice for Soil
Investigation and Sampling by Auger Borings), incorporated by reference in 35 Ill. Adm. Code
720.111 720.111(a).
Fly Ash-like ash-like material: ASTM Standard D2234–76 D2234–76, (Standard Practice for
Collection of a Gross Sample of Coal), incorporated by reference in 35 Ill. Adm. Code 720.111
720.111(a).
* * *
(Source: Amended at 30 Ill. Reg. ________, effective ______________________)
Section 722.120 General Requirements
a) Manifest use.
1)
A generator that transports hazardous waste or offers a hazardous waste
for transportation for off-site treatment, storage, or disposal or, effective
September 5, 2006, a treatment, storage, or disposal facility that offers for
transport a rejected load of hazardous waste must prepare a manifest
before transporting the waste off-site on USEPA Form 8700-22 (and, if
necessary, on USEPA Form 8700-22A) according to the instructions
included in the appendix to 40 CFR 262 (Uniform Hazardous Waste
Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their
Instructions)), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
* * *
Section 722.121 Acquisition of Manifest Tracking Numbers, Manifest Printing, and
Obtaining Manifests
* * *
b) The following requirements apply effective September 5, 2006:
16
* * *
4) Submission of document samples.
* * *
G) The instructions in the appendix to 40 CFR 262 (Uniform
Hazardous Waste Manifest and Instructions (EPA Forms 8700-22
and 8700-22A and Their Instructions)), incorporated by reference
in 35 Ill. Adm. Code 720.111(b), must appear legibly on the back
of the copies of the manifest and continuation sheet as provided in
40 CFR 262.21(f), as described in this subsection (b)(6) and
subsection (b)(14) of this Section. The instructions must not be
visible through the front of the copies when photocopied or faxed.
* * *
Section 722.181 Definitions
The following definitions apply to this Subpart H:
“Amber-list controls” means the controls listed in Section section IV of the
Annex annex to the OECD Council Decision C(92)39/FINAL C(92)39/Final,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
“Amber-list waste” means a waste listed in the OECD “Amber List of Wastes,”
Appendix appendix 4 to the OECD Council Decision C(92)39/FINAL
C(92)39/Final, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
* * *
“Green-list controls” means the controls listed in Section section III of the Annex
annex to the OECD Council Decision C(92)39/FINAL C(92)39/Final,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
“Green-list waste” means a waste listed in the OECD “Green List of Wastes,”
Appendix appendix 3 to the OECD Council Decision C(92)39/FINAL
C(92)39/Final, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
* * *
“Recovery operations” means activities leading to resource recovery, recycling,
reclamation, direct re-use, or alternative uses, as listed in Table table 2.B of the
Annex annex of OECD Council Decision C(88)90(Final) C(88)90/Final,
incorporated by reference in 35 Ill. Adm. Code 720.111(a), which include the
17
following activities:
* * *
“Red-list controls” means the controls listed in Section section V of the Annex
annex to the OECD Council Decision C(92)39/FINAL C(92)39/Final,
incorporated by reference in 35 Ill. Adm. Code 720.111(a).
“Red-list waste” means a waste listed in the OECD Green “Red List of Wastes,”
Appendix appendix 5 to the OECD Council Decision C(92)39/FINAL
C(92)39/Final, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
***
Section 722.187 Reporting and Recordkeeping
a) Annual reports. For all waste movements subject to this Subpart H, persons (e.g.,
notifiers, recognized traders, etc.) that meet the definition of primary exporter in
Section 722.151 must file an annual report with the Office of Enforcement and
Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting
and Data Division (2222A), U.S. Environmental Protection Agency, 401 M St.,
SW, Washington, DC 20460 and the Illinois Environmental Protection Agency,
Bureau of Land, Division of Land Pollution Control, P.O. Box 19276,
Springfield, IL 62794, no later than March 1 of each year summarizing the types,
quantities, frequency, and ultimate destination of all such hazardous waste
exported during the previous calendar year. (If the primary exporter is required to
file an annual report for waste exports that are not covered under this Subpart H,
the person filing may include all export information in one report provided the
following information on exports of waste destined for recovery within the
designated OECD member countries is contained in a separate Section). Such
reports must include the following information:
* * *
4) By final recovery facility, for each hazardous waste exported, a
description of the hazardous waste, the USEPA hazardous waste number
(from Subpart C or D of 35 Ill. Adm. Code 721); the designation of waste
types from the OECD waste list and applicable waste code from the
OECD lists, as described in the annex to OECD Council Decision
C(88)90/FINAL C(88)90/Final, as amended by C(94)152/Final,
incorporated by reference in 35 Ill. Adm. Code 720.111(a), USDOT
hazard class; the name and USEPA identification number (where
applicable) for each transporter used; the total amount of hazardous waste
shipped pursuant to this Subpart H; and number of shipments pursuant to
each notification;
18
* * *
Section 724.986 Standards: Containers
* * *
c) Container Level 1 standards.
* * *
4) The owner or operator of containers using Container Level 1 controls must
inspect the containers and their covers and closure devices, as follows:
A) In the case when a hazardous waste already is in the container at
the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., it does not
meet the conditions for an empty container, as specified in 35 Ill.
Adm. Code 721.107(b)), the owner or operator must visually
inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of
the container when the cover and closure devices are secured in the
closed position. The container visual inspection must be
conducted on or before the date on which the container is accepted
at the facility (i.e., the date when the container becomes subject to
the Subpart CC container standards). For the purposes of this
requirement, the date of acceptance is the date of signature that the
facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest, as set forth in the appendix to 40 CFR
262 (Uniform Hazardous Waste Manifest and Instructions (EPA
Forms 8700–22 and 8700–22A and Their Instructions)),
incorporated by reference in Appendix A to 35 Ill. Adm. Code 722
720.111(b) (USEPA Forms 8700-22 and 8700-22A), as required
under Section 724.171. If a defect is detected, the owner or
operator must repair the defect in accordance with the
requirements of subsection (c)(4)(C) of this Section.
* * *
d) Container Level 2 standards.
* * *
4) The owner or operator of containers using Container Level 2 controls must
inspect the containers and their covers and closure devices, as follows:
A) In the case when a hazardous waste already is in the container at
19
the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., it does not
meet the conditions for an empty container as specified in 35 Ill.
Adm. Code 721.107(b)), the owner or operator must visually
inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of
the container when the cover and closure devices are secured in the
closed position. The container visual inspection must be
conducted on or before the date on which the container is accepted
at the facility (i.e., the date when the container becomes subject to
the Subpart CC container standards). For the purposes of this
requirement, the date of acceptance is the date of signature that the
facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest, in the appendix to 40 CFR 262
incorporated by reference in the appendix to 40 CFR 262 (Uniform
Hazardous Waste Manifest and Instructions (USEPA Forms 8700-
22 and 8700-22A and Their Instructions)), as required under
Section 724.171. If a defect is detected, the owner or operator
must repair the defect in accordance with the requirements of
subsection (d)(4)(C) of this Section.
* * *
Section 724.Appendix I Groundwater Monitoring List
* * *
Common Name CAS RN Chemical Abstracts Service Index Name
* * *
Chlorobenzilate 510-15-6
Benzeneacetic acid, 4-chloro-
α
-(4-chloro-
phenyl)-
α
-hydroxy-, ethyl ester
* * *
Section 725.987 Standards: Containers
* * *
c) Container Level 1 standards.
* * *
4) The owner or operator of containers using Container Level 1 controls must
20
inspect the containers and their covers and closure devices as follows:
A) In the case when a hazardous waste already is in the container at
the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., it does not
meet the conditions for an empty container as specified in 35 Ill.
Adm. Code 721.107(b)), the owner or operator must visually
inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of
the container when the cover and closure devices are secured in the
closed position. The container visual inspection must be
conducted on or before the date on which the container is accepted
at the facility (i.e., the date when the container becomes subject to
the Subpart CC container standards). For the purposes of this
requirement, the date of acceptance is the date of signature that the
facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest incorporated by reference in Appendix
A to 35 Ill. Adm. Code 722, as set forth in the appendix to 40 CFR
262 (USEPA Uniform Hazardous Waste Manifest and Instructions
(EPA Forms 8700-22 and 8700–22A and Their Instructions)),
incorporated by reference in 35 Ill. Adm. Code 720.111(b), as
required under Section 725.171. If a defect is detected, the owner
or operator must repair the defect in accordance with the
requirements of subsection (c)(4)(C) of this Section;
* * *
d) Container Level 2 standards.
* * *
4) The owner or operator of containers using Container Level 2 controls must
inspect the containers and their covers and closure devices as follows:
A) In the case when a hazardous waste already is in the container at
the time the owner or operator first accepts possession of the
container at the facility and the container is not emptied within 24
hours after the container is accepted at the facility (i.e., it does not
meet the conditions for an empty container as specified in 35 Ill.
Adm. Code 721.107(b)), the owner or operator must visually
inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of
the container when the cover and closure devices are secured in the
closed position. The container visual inspection must be
conducted on or before the date on which the container is accepted
21
at the facility (i.e., the date when the container becomes subject to
the Subpart CC container standards). For the purposes of this
requirement, the date of acceptance is the date of signature that the
facility owner or operator enters on Item 20 of the Uniform
Hazardous Waste Manifest, in the appendix to 40 CFR 262
incorporated by reference in Appendix A to 35 Ill. Adm. Code 722
(Uniform Hazardous Waste Manifest and Instructions (USEPA
Forms 8700-22 and 8700-22A and Their Instructions)), as required
under Section 725.171. If a defect is detected, the owner or
operator must repair the defect in accordance with the
requirements of subsection (d)(4)(C) of this Section;
* * *
Section 726.200 Applicability
* * *
i) Abbreviations and definitions. The following definitions and abbreviations are used
in this Subpart H:
* * *
“Toxicity equivalence” is estimated, pursuant to Section 726.204(e), using
“section 4.0 (Procedures for Estimating the Toxicity Equivalence of
Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners) in appendix
IX to 40 CFR 266 (Methods Manual for Compliance with the BIF
Regulations),” incorporated by reference in 35 Ill. Adm. Code 720.111(b)
(see Appendix I of this Part).
***
Section 726.202 Permit Standards for Burners
* * *
b) Hazardous waste analysis.
1) The owner or operator must provide an analysis of the hazardous waste that
quantifies the concentration of any constituent identified in Appendix H of 35
Ill. Adm. Code 721 that is reasonably expected to be in the waste. Such
constituents must be identified and quantified if present, at levels detectable
by using appropriate analytical procedures prescribed by Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods (incorporated by
reference, see 35 Ill. Adm. Code 720.111) methods. Alternative methods
that meet or exceed the method performance capabilities of SW-846 methods
may be used. If SW-846 does not prescribe a method for a particular
22
determination, the owner or operator must use the best available method.
The constituents listed in Appendix H of 35 Ill. Adm. Code 721 constituents
that are excluded from this analysis must be identified and the basis for their
exclusion explained. This analysis must provide all information required by
this Subpart H and 35 Ill. Adm. Code 703.208 and 703.232 and must enable
the Agency to prescribe such permit conditions as are necessary to protect
human health and the environment. Such analysis must be included as a
portion of the Part B permit application, or, for facilities operating under the
interim status standards of this Subpart H, as a portion of the trial burn plan
that may be submitted before the Part B application under provisions of 35
Ill. Adm. Code 703.232(g), as well as any other analysis required by the
Agency. Owners and operators The owner or operator of BIFs a BIF not
operating under the interim status standards must provide the information
required by 35 Ill. Adm. Code 703.208 and 703.232 in the Part B application
to the greatest extent possible.
BOARD NOTE: The federal regulations do not themselves define the
phrase “appropriate analytical methods,” but USEPA did include a
definition in its preamble discussion accompanying the rule. The Board
directs attention to the following segment (at 70 Fed. Reg. 34538, 34541
(June 14, 2005)) for the purposes of subsections (b)(1)(C) and (b)(1)(D) of
this Section:
[T]wo primary considerations in selecting an appropriate method,
which together serve as our general definition of an appropriate
method [are the following] . . . :
1. Appropriate methods are reliable and accepted as such in the
scientific community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to specify
other documents that might provide guidance.
* * *
Section 726.204 Standards to Control Organic Emissions
* * *
e) Controls for dioxins and furans. Owners and operators of BIFs that are equipped
with a dry PM control device that operates within the temperature range of 450º
through 750° F, and industrial furnaces operating under an alternative HC limit
established under subsection (f) of this Section must conduct a site-specific risk
assessment as follows to demonstrate that emissions of chlorinated dibenzo-p-
23
dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the
hypothetical maximum exposed individual (MEI) exceeding 1
×
10
-5
(1 in 100,000):
* * *
3) Conduct dispersion modeling using methods recommended in appendix W
to 40 CFR 51, Appendix W, as incorporated by reference at 35 Ill. Adm.
Code 720.111 (“Guideline on Air Quality Models (Revised)” (1986) and
its supplements), the “ in section 5.0 (Hazardous Waste Combustion Air
Quality Screening Procedure,”) provided in Appendix I in appendix IX to
40 CFR 266 (Methods Manual for Compliance with the BIF Regulations),
or in “Screening Procedures for Estimating Air Quality Impact of Stationary
Sources, Revised,” (USEPA publication number EPA-454/R-92-019, each
incorporated by reference in 35 Ill. Adm. Code 720.111), to predict the
maximum annual average off-site ground level concentration of 2,3,7,8-
TCDD equivalents determined under subsection (e)(2) of this Section. The
maximum annual average on-site concentration must be used when a person
resides on-site; and
* * *
h) Dispersion modeling. Dispersion modeling required under this Section must be
conducted according to methods recommended in federal appendix W to 40 CFR
51, appendix W (“Guideline on Air Quality Models (Revised)” (1986) and its
supplements), the “ in section 5.0 (Hazardous Waste Combustion Air Quality
Screening Procedure,”) described in Appendix I to this Part in appendix IX to 40
CFR 266 (Methods Manual for Compliance with the BIF Regulations), or in
“Screening Procedures for Estimating the Air Quality Impact of Stationary
Sources, Revised,” (USEPA publication number EPA-454/R-92-019, each
incorporated by reference in 35 Ill. Adm. Code 720.111(b), to predict the
maximum annual average off-site ground level concentration. However, on-site
concentrations must be considered when a person resides on-site.
Section 726.206 Standards to Control Metals Emissions
a) General. The owner or operator must comply with the metals standards provided
by subsections (b), (c), (d), (e), or (f) of this Section for each metal listed in
subsection (b) of this Section that is present in the hazardous waste at detectable
levels using appropriate analytical procedures specified in Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by
reference in 35 Ill. Adm. Code 720.111 methods.
BOARD NOTE: The federal regulations do not themselves define the phrase
“appropriate analytical methods,” but USEPA did include a definition in its
preamble discussion accompanying the rule. The Board directs attention to the
following segment (at 70 Fed. Reg. 34538, 34541 (June 14, 2005)) for the
24
purposes of subsections (b)(1)(C) and (b)(1)(D) of this Section:
[T]wo primary considerations in selecting an appropriate method, which
together serve as our general definition of an appropriate method [are the
following] . . . :
1. Appropriate methods are reliable and accepted as such in the scientific
community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to specify other
documents that might provide guidance.
* * *
Section 726.212 Regulation of Residues
A residue derived from the burning or processing of hazardous waste in a BIF is not excluded from
the definition of a hazardous waste under 35 Ill. Adm. Code 721.104(b)(4), (b)(7), or (b)(8), unless
the device and the owner or operator meet the following requirements:
* * *
b) The owner or operator demonstrates that the hazardous waste does not significantly
affect the residue by demonstrating conformance with either of the following criteria:
* * *
2) Comparison of waste-derived residue concentrations with health-based
limits.
A) Nonmetal constituents. The concentration of each nonmetal toxic
constituent of concern (specified in subsection (b)(1) of this Section)
in the waste-derived residue must not exceed the health-based level
specified in Appendix G of this Part, or the level of detection (using
analytical procedures prescribed in “Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods,” USEPA Publication SW-
846, incorporated by reference in 35 Ill. Adm. Code 720.111),
whichever is higher. If a health-based limit for a constituent of
concern is not listed in Appendix G of this Part, then a limit of 0.002
mg/kg or the level of detection (using appropriate analytical
procedures prescribed in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” USEPA Publication SW-846,
incorporated by reference in 35 Ill. Adm. Code 720.111 methods),
whichever is higher, must be used. The levels specified in Appendix
25
G of this Part (and the default level of 0.002 mg/kg or the level of
detection for constituents, as identified in Note 1 of Appendix G of
this Part) are administratively stayed under the condition, for those
constituents specified in subsection (b)(1) of this Section, that the
owner or operator complies with alternative levels defined as the land
disposal restriction limits specified in 35 Ill. Adm. Code 728.143 and
Table B to 35 Ill. Adm. Code 728 for F039 nonwastewaters. In
complying with those alternative levels, if an owner or operator is
unable to detect a constituent despite documenting use of the best
good-faith efforts, as defined by applicable USEPA guidance and
standards, the owner or operator is deemed to be in compliance for
that constituent. Until USEPA develops new guidance or standards,
the owner or operator may demonstrate such good-faith efforts by
achieving a detection limit for the constituent that does not exceed an
order of magnitude above (ten times) the level provided by 35 Ill.
Adm. Code 728.143 and Table B to 35 Ill. Adm. Code 728 for F039
nonwastewater levels for polychlorinated dibenzo-p-dioxins and
polychlorinated dibenzo-furans (D/F), analyses must be performed
for total hexachlorodibenzo-p-dioxins, total
hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total
pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and
total tetrachlorodibenzofurans;
BOARD NOTE: In a note to corresponding 40 CFR 266.112(b)(2)(i)
(2002), USEPA stated as follows:
The administrative stay, under the condition that the
owner or operator complies with alternative levels
defined as the land disposal restriction limits
specified in 35 Ill. Adm. Code 728.143 for F039
nonwastewaters, remains in effect until further
administrative action is taken and notice is
published in the Federal Register and the Code of
Federal Regulations.
Under Section 3006(b) and (g) of RCRA, 42 USC 6926(b) and (g),
federal amendments do not go into effect in Illinois until the State of
Illinois incorporates them into the State program. This applies unless
the authority under which USEPA adopted the amendments is the
Hazardous and Solid Waste Amendments of 1984 (HSWA), in which
case the federal amendments become effective in Illinois on their
federal effective date.
The federal regulations do not themselves define the phrase
“appropriate analytical methods,” but USEPA did include a
definition in its preamble discussion accompanying the rule. The
26
Board directs attention to the following segment (at 70 Fed. Reg.
34538, 34541 (June 14, 2005)) for the purposes of subsections
(b)(1)(C) and (b)(1)(D) of this Section:
[T]wo primary considerations in selecting an appropriate
method, which together serve as our general definition of
an appropriate method [are the following] . . . :
1. Appropriate methods are reliable and accepted as such in
the scientific community.
2. Appropriate methods generate effective data.
USEPA went on to further elaborate these two concepts and to
specify other documents that might provide guidance.
* * *
Section 726.310 Definitions
Terms are defined as follows for the purposes of this Subpart N:
* * *
“Eligible naturally occurring or accelerator-produced radioactive material” means
naturally occurring or accelerator-produced radioactive material (NARM) that is
eligible for a transportation and disposal conditional exemption. It is a NARM
waste that contains RCRA hazardous waste, meets the waste acceptance criteria
of, and is allowed by State NARM regulations to be disposed of at a low-level
radioactive waste disposal facility (LLRWDF) licensed in accordance with
federal 10 CFR 61, DNS IEMA regulations, or the equivalent regulations of a
licensing agency in another state.
BOARD NOTE: The Illinois DNS IEMA regulations are codified at 32 Ill. Adm.
Code: Chapter II, Subchapters b and d.
* * *
“IEMA” means the Illinois Emergency Management Agency, the State of Illinois
agency charged with regulating source, by-product, and special nuclear material
in Illinois in accordance with an agreement between the State and the federal
Nuclear Regulatory Commission (NRC) under section 274(b) of the federal
Atomic Energy Act of 1954, as amended (42 USC 2021(b)).
BOARD NOTE: In addition to the materials regulated under this Part, IEMA
regulates radioactive materials under the Radiation Protection Act of 1990 [420
27
ILCS 40] that are not licensed by the federal NRC. For the purposes of notices to
IEMA required under this Subpart N, the address is as follows:
Illinois Emergency Management Agency
1035 Outer Park Drive
Springfield, Illinois 62704
***
“License” means a license issued by the federal NRC or the Illinois DNS IEMA
to a user that manages radionuclides regulated by the federal NRC or the Illinois
DNS IEMA under authority of the Atomic Energy Act of 1954, as amended (42
USC 2014 et seq.) or the Radiation Protection Act of 1990 [420 ILCS 40].
***
“Low-level radioactive waste” or “LLRW” is a radioactive waste that contains
source, by-product, or special nuclear material and which is not classified as high-
level radioactive waste, transuranic waste, spent nuclear fuel, or by-product
material, as defined in section 11(e)(2) of the Atomic Energy Act of 1954 (42
USC 2014(e)(2)), incorporated by reference in 35 Ill. Adm. Code 720.111(b).
(See also the NRC definition of waste at federal 10 CFR 61.2.)
BOARD NOTE: This definition differs from the similar definitions of low-level
radioactive waste in the Illinois Low-Level Radioactive Waste Management Act
[420 ILCS 20/3(k)], the Central Midwest Interstate Low-Level Radioactive Waste
Compact Act [45 ILCS 140/1, Article II(k)], and 32 Ill. Adm. Code 606.20(g) of
the DNS IEMA regulations. Those basically define low-level radioactive waste
as radioactive waste that is not (1) high-level radioactive waste, (2) transuranic
waste, (3) spent nuclear fuel, or (4) by-product material, as such are defined in
section 11 of the federal Atomic Energy Act of 1954 (42 USC 2014),
incorporated by reference in 35 Ill. Adm. Code 720.111(b).
“Mixed waste” means a waste that contains both RCRA hazardous waste and
source, by-product, or special nuclear material subject to the Atomic Energy Act
of 1954, as amended (42 USC 2014 et seq.).
BOARD NOTE: This definition differs from the similar definitions of mixed
waste in the Illinois Low-Level Radioactive Waste Management Act [420 ILCS
20/3(l)] and 32 Ill. Adm. Code 606.20(h) of the DNS IEMA regulations. Those
basically define mixed waste as containing both RCRA hazardous waste and low-
level radioactive waste, as such is defined under Section 3(k) of the Illinois Low-
Level Radioactive Waste Management Act [420 ILCS 20/3(k)].
* * *
28
Section 726.325 Wastes Eligible for a Storage and Treatment Conditional Exemption for
Low-Level Mixed Waste
Low-level mixed waste (LLMW), as defined in Section 726.310, is eligible for a storage and
treatment conditional exemption if it is generated and managed by a person under a single
federal NRC or Illinois DNS IEMA license. (Mixed waste generated at a facility with a different
license number and shipped to a different person’s facility for storage or treatment requires a
permit, and such mixed waste is ineligible for this exemption. In addition, NARM waste is
ineligible for this exemption.)
(Source: Amended at 30 Ill. Reg. ________, effective ______________________)
Section 726.330 Conditions to Qualify for and Maintain a Storage and Treatment
Conditional Exemption
a) For LLMW to qualify for the exemption, the generator must notify the Agency
and the Illinois DNS IEMA in writing by certified delivery that it is claiming a
storage and treatment conditional exemption for the LLMW stored on the
generator’s facility. The dated notification must include the generator’s name,
address, RCRA identification number, federal NRC or Illinois DNS IEMA license
number, the waste codes and storage units for which the generator is seeking an
exemption, and a statement that the generator meets the conditions of this Subpart
N. The generator’s notification must be signed by the generator’s authorized
representative who certifies that the information in the notification is true,
accurate, and complete. The generator must notify the Agency of its claim either
before July 21, 2002, or within 90 days after a storage unit is first used to store
conditionally exempt LLMW, whichever is later.
* * *
Section 726.335 Treatment Allowed by a Storage and Treatment Conditional Exemption
The generator may treat its low-level mixed waste at its facility within a tank or container in
accordance with the terms of its federal NRC or Illinois DNS IEMA license. Treatment that
cannot be done in a tank or container without a RCRA permit (such as incineration) is not
allowed under this exemption.
Section 726.350 Recordkeeping for a Storage and Treatment Conditional Exemption
a) In addition to those records required by the generator’s federal NRC or Illinois
DNS IEMA license, the generator must keep records as follows:
1) The generator’s initial notification records, return receipts, reports to the
Agency of failures to meet the exemption conditions, and all records
supporting any reclaim of an exemption;
29
2) Records of the generator’s LLMW annual inventories and quarterly
inspections;
3) The generator’s certification that facility personnel who manage stored
mixed waste are trained in safe management of LLMW including training
in chemical waste management and hazardous materials incidents
response; and
4) The generator’s emergency plan, as specified in Section 726.330(b).
b) The generator must maintain records concerning notification, personnel trained,
and its emergency plan for as long as the generator claims this exemption and for
three years thereafter, or in accordance with federal NRC regulations under (10
CFR 20) or under Illinois DNS IEMA regulations under (32 Ill. Adm. Code:
Chapter II, Subchapter b), whichever is longer. A generator must maintain
records concerning its annual inventory and quarterly inspections for three years
after the waste is sent for disposal, or in accordance with federal NRC regulations
under (10 CFR 20) or under Illinois DNS IEMA regulations under (32 Ill. Adm.
Code: Chapter II, Subchapter b), whichever is longer.
Section 726.355 Waste No Longer Eligible for a Storage and Treatment Conditional
Exemption
a) When a generator’s LLMW has met the requirements of its federal NRC or
Illinois DNS IEMA license for decay-in-storage and can be disposed of as non-
radioactive waste, then the conditional exemption for storage no longer applies.
On that date the generator’s waste is subject to hazardous waste regulation under
the relevant Sections of 35 Ill. Adm. Code 702, 703, 720 through 726, and 728,
and the time period for accumulation of a hazardous waste, as specified in 35 Ill.
Adm. Code 722.134 begins.
b) When a generator’s conditionally exempt LLMW, which has been generated and
stored under a single federal NRC or Illinois DNS IEMA license number, is
removed from storage, it is no longer eligible for the storage and treatment
exemption. However, a generator’s waste may be eligible for the transportation
and disposal conditional exemption at Section 726.405.
Section 726.415 Conditions to Qualify for and Maintain a Transportation and Disposal
Conditional Exemption
A generator must meet the following conditions for its eligible waste to qualify for and maintain
the exemption:
***
b) If the generator is not already subject to federal NRC or Illinois DNS IEMA
30
manifest and transportation regulations for the shipment of its waste, the
generator must manifest and transport its waste according to federal NRC or
Illinois DNS IEMA regulations, as described in Section 726.425;
* * *
Section 726.425 Applicability of the Manifest and Transportation Condition
If a generator is not already subject to federal NRC or Illinois DNS IEMA manifest and
transportation regulations for the shipment of its waste, the generator must meet the federal NRC
manifest requirements under 10 CFR 20.2006 (Transfer for Disposal and Manifests),
incorporated by reference in 35 Ill. Adm. Code 720.111, 720.111(b); and Illinois DNS IEMA
manifest requirements under 32 Ill. Adm. Code 340,; and the federal NRC transportation
requirements under 10 CFR 71.5 (Transportation of Licensed Material), incorporated by
reference in 35 Ill. Adm. Code 720.111(b); and the Illinois DNS IEMA transportation
requirements under 32 Ill. Adm. Code 341 to ship the exempted waste.
Section 726.430 Effectiveness of a Transportation and Disposal Exemption
The exemption becomes effective once all of the following have occurred:
* * *
c) The generator has completed the packaging and preparation for shipment
requirements for its waste according to federal NRC packaging and transportation
regulations found under 10 CFR 71 (Packaging and Transportation of Radioactive
Material), incorporated by reference in 35 Ill. Adm. Code 720.111 720.111(b),
and under Illinois DNS IEMA regulations under at 32 Ill. Adm. Code 341; and a
generator has prepared a manifest for a generator’s waste according to NRC
manifest regulations found under 10 CFR 20 (Standards for Protection Against
Radiation), incorporated by reference in 35 Ill. Adm. Code 720.111(b), or under
Illinois DNS IEMA regulations under 32 Ill. Adm. Code 340; and
d) The generator has placed its waste on a transportation vehicle destined for a
LLRWDF licensed by the federal NRC, the Illinois DNS IEMA, or by a nuclear
licensing agency in another state.
Section 726.435 Disposal of Exempted Waste
A generator’s exempted waste must be disposed of in a LLRWDF that is regulated and licensed
by the federal NRC under 10 CFR 61, by the Illinois DNS IEMA under 32 Ill. Adm. Code:
Chapter II, Subchapters b and d, or by a licensing agency in another state, including State
NARM licensing regulations for eligible NARM.
31
Section 726.445 Notification
a) A generator must provide a one time notice to the Agency and the Illinois DNS
IEMA stating that it is claiming the transportation and disposal conditional
exemption prior to the initial shipment of an exempted waste from the generator’s
facility to a LLRWDF. The generator’s dated written notice must include its
facility name, address, phone number, and RCRA ID number and be sent by
certified delivery.
* * *
Section 726.450 Recordkeeping for a Transportation and Disposal Conditional Exemption
In addition to those records required by a generator’s NRC or Illinois DNS IEMA license, the
generator must keep records as follows:
* * *
e) If the generator is not already subject to federal NRC and Illinois DNS IEMA
manifest and transportation regulations for the shipment of its waste, the
generator must also keep all other documents related to tracking the exempted
waste as required under federal 10 CFR 20.2006 (Transfer for Disposal and
Manifests), incorporated by reference in 35 Ill. Adm. Code 720.111 720.111(b),
and Illinois DNS IEMA requirements under 32 Ill. Adm. Code 340, including
applicable NARM requirements, in addition to the records specified in
subsections (a) through (d) of this Section.
Section 726.460 Reclaiming a Lost Transportation and Disposal Conditional Exemption
a) A generator may reclaim a lost transportation and disposal conditional exemption
for a waste after the generator has received a return receipt confirming that the
Agency and the Illinois DNS IEMA have received the generator’s notification of
the loss of the exemption specified in Section 726.455(a) and if the following
conditions are fulfilled:
* * *
Section 728.Table T Treatment Standards for Hazardous Wastes
Note: The treatment standards that heretofore appeared in tables in Sections 728.141, 728.142,
and 728.143 have been consolidated into this table.
Waste Code
Waste Description and Treatment or Regulatory Subcategory
1
Regulated Hazardous Constituent Wastewaters Nonwastewaters
32
* * *
D014
9
Wastes that are TC for Methoxychlor methoxychlor based on the toxicity characteristic leaching
procedure Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846 Method 1311, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Methoxychlor 72-43-5 WETOX or
CMBST
0.18 and meet
Section 728.148
standards
8
D015
9
Wastes that are TC for Toxaphene toxaphene based on the toxicity characteristic leaching
procedure Method 1311 (Toxicity Characteristic Leaching Procedure (TCLP)) in “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods,” USEPA publication number EPA-
530/SW-846 Method 1311, incorporated by reference in 35 Ill. Adm. Code 720.111(a).
Toxaphene 8001-35-2 BIODG or
CMBST
2.6 and meet
Section 728.148
standards
8
* * *
Section 738.122 Submission, Review, and Approval or Denial of Petitions
a) Any petition submitted to the Board, pursuant to Section 738.120(a) of this Part,
must include the following:
* * *
4) This statement signed by the petitioner or an authorized representative:
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this petition and all
attached documents, and that, based on my inquiry of those
individuals immediately responsible for obtaining the information,
I believe that submitted information is true, accurate and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment.
* * *
IT IS SO ORDERED.
33
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above supplemental opinion and order on February 2, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
