ILLINOIS POLLUTION CONTROL BOARD

July

16,

1987

IN THE MATTER OF

:

)

RCRA UPDATE,

USEPA REGULATIONS

)

R86-46

(7-1-86 THROUGH

9-30-86)

)

FINAL ORDER .

ADOPTED RULE

ORDER

OF THE BOARD

(by

J . Anderson)

:

Pursuant

to Section 22.4(a)

of the Environmental Protection

Act

(Act),

the Board

is amending

the

RCRA regulations

.

On October

9,

1986,

the Board opened this docket

for

the

purpose of updating

the RCRA rules

to agree with recent

USEPA

amendments

.

On March

19,

1987 the

Board proposed

to adopt

amendments which appeared

on April

17,

1987,

at

11

Ill .

Reg .

6958 .

The Board

has modified

the

proposal

in response

to public

comment

as

is detailed

in

the opinion of this

same day

.

Section 22.4(a)

of the Act governs adoption of regulations

establishing the

PCPA program

in Illinois .

Section

22 .4(a)

provides

for quick adoption of regulations which

are "identical

in substance"

to

federal

regulations

.

Section

22.4(a)

of the Act

provides that neither Title VII of the Act nor Section

5 of the

Administrative Procedure

Act applies

to rules adopted

under

"identical

in substance" authority .

Because

this rulemaking

is

not subject

to Section

5 of the Administrative Procedure Act,

it

is not subject

to review by the

Joint Committee on Administrative

Rules

(JCAR)

.

The

federal

RCRA regulations

are found at

40 CFR

260 through

270,

and 280 .

This rulemaking updates

Illinois'

RCRA

rules

to correspond with

federal amendments during the period

July

1 through September

30,

1986 .

The

Board has adopted

an Opinion supporting

this order

in

a

separate

action on

this

same day

.

The

Board will withhold filing

the adopted

rules

until

after July 27, 1987,

to allow time for

motions

to reconsider by the agencies

involved

in

the

authorization process .

The complete

text of the proposed

amendments

is

as

follows

.

79-701

---

Section

106.101

106.102

106.103

106.104

106.105

106 .106

106 .107

Section

106 .201

106 .202

106 .203

106 .204

Section

106.301

106.302

106 .303

106 .304

106.305

106 .306

Section

106 .401

106 .402

106 .403

106 .404

106 .405

106 .406

106 .407

106 .408

106 .410

106 .411

106 .412

106 .413

106 .414

106 .415

-2-

TITLE 35 :

ENVIRONMENTAL PROTECTION

SUBTITLE A: GENERAL PROVISIONS

CHAPTER I: POLLUTION CONTROL BOARD

PART 106

HEARINGS PURSUANT TO SPECIFIC RULES

SUBPART A: HEATED EFFLUENT DEMONSTRATIONS

Petition

Requirements for Petition

Parties

Recommendation

Notice and Hearing

Transcripts

Opinion and Order

SUBPART B: ARTIFICIAL COOLING LAKE DEMONSTRATIONS

Petition

Notice and Hearing

Transcripts

Effective Date

SUBPART C: SULFUR DIOXIDE DEMONSTRATIONS

Petition

Requirements for Petition

Parties

Recommendation

Notice and Hearing

Transcripts

SUBPART D: -6661B WASTE AND BOfhER BETERMINATIONS-

RCRA ADJUSTED STANDARDS PROCEDURES

Petition

(Repealed)

Notice of Petition

(Repealed)

Recommendation

(Repealed)

Response

(Repealed)

Public Comment

(Repealed)

Public Hearings

(Repealed)

Decision

(Repealed)

Appeal

(Repealed)

Scope and Applicability

Joint or Single Petition

Request to Agency to Join as Co-Petitioner

Contents of Petition

Response and Reply

Notice and Conduct of Hearing

79-702

---

-3-

106.416

OpinionsandOrders

Appendix

Old

Rule Numbers Referenced

AUTHORITY

:

Implementing Sections

5,

22 .4,

27, 28 and

28 .1 and

authorized by Section 26 of the Environmental Protection Act

(Ill. Rev. Stat. 1985, ch . 1111/2, pars. 1005, 1022 .4, 1027, 1028,

1028.1 and 1026) .

SOURCE: Filed with Secretary of State January 1, 1978 ; amended

at 4 Ill . Reg. 2, page 186, effective December 27, 1979 ; codified

at 6 Ill . Reg. 8357; amended in R85-22 at 10 Ill . Reg . 992,

effective February 2, 1986 ; amended in R86-46 at 11 Ill

.

Reg

.

, effective

NOTE: Capitalization denotes statutory language

.

SUBPART D: -S961B WASPS AND B9f66R DET6RM1NAT19NS-

RCRA ADJUSTED STANDARD PROCEDURES

Section 106.401

Petition

(Repealed)

-at Any person seeking; pursuant to 35 1147 Admr eede

726-436 er 7297432; a determination that a material is

net a 90448 waste or that an enclosed deviee; using

eentre44ed flame eembastien; 4s a beiler; must file a

pet4tien with the Beards

b+

The petition must include the information specified in

35 1147 Adm7 eede 4297139 et seg7; for the type e€

determination seughtr 1n addition; the petitioner must

include the following iflfermatien-

4}

Name of the pettt4ener;

23

6eeatien of the facility; and

3t

A reference to prier Board 9rders affecting the

faeilityr-

(Source: Repealed at 11 Ill . Reg

.

effective

)

Section 106 .402

Notice of Petition

(Repealed)

-a} The petitioner shall serve a copy of the petition en the

Ageneyr

bt

The Agency shall give netiee of the filing of the

petition as prev±ded in 35 1117 Admr eede 18471427

-

(Source : Repealed at 11 Ill . Reg

.

effective

)

79-703

---

-4-

Section 106 .403

Recommendation

(Repealed)

-The Ageney shall file its reeemmendatien in aeeerdanee with 35

111: Adm: eede 184:188:-

(Source : Repealed at 11 Ill . Reg

.

,

effective

)

Section 106 .404

Response

(Repealed)

-The pet4tiener may respond to the reeemmendatien in accordance

with 35 111: Adm: eede 184:181r-

(Source : Repealed at 11 Ill . Reg .

effective

)

Section 106 .405

Public Comment

(Repealed)

-Any person may Comment en the petition and reeemmendatien within

45 days after the Ageney files its reeemmendatien; in accordance

with 35 111: Adm: eede 184:183:-

(Source: Repealed at 11 Ill . Reg

.

effective

)

Section 106 .406

Public Hearings

(Repealed)

-aj The Beard will eenduet a hearing en all petit-iens fief

determinations pursuant to this Subpart :

bj

The Hearing Bffieer will give notice of the hearing

pursuant to 35 111: Adm: eede 184-888{dj :-

(Source: Repealed at 11 Ill . Reg

.

effective

)

Section 106 .407

Decision

(Repealed)

-aj The Beard will enter an Srder supported by a written

Apinien setting -forth the reasons for the Beard's

aetienT including all findings of feet and conclusions

of law:

bj

As required by Section 88:1 of the Environmental

Protection Aet f11i: Rev: Stat: 1483; eh: 111'4

par:

1888:1+ orders and Opinions will be maintained by the

elerk of the Beard far public inspeetiens: A listing of

all determinations made pursuant to this Subpart will be

published in the Environmental Register at the end of

each fiscal year:-

(Source: Repealed at 11 Ill . Reg

.

effective

)

79-704

---

Section 106 .408

Appeal

-Any

€-inal determ#nat}en e€ the Beard may be appealed pdrsdant to

Seet4en 41 of the Envirenmental Preteetlen Aet

{lllr Revr Statr

1983; eh: llll/2, pare 1941+r-

(Source: Repealed at 11 Ill . Reg

.

effective

)

-5-

applicability in 35 Ill. Adm. Code 700 through 750

.

(Source: Added at 11 Ill . Reg

.

effective

)

Section 106 .411

Joint or Single Petition

A person may initiate an adjusted standard proceeding either by

filing a petition jointly with the Illinois Environmental

Protection Agency (Agency), or by filing a petition sinqly .

(Source: Added at 11 Ill . Reg

.

effective

)

Section 106.412

Request to Agency To Join As Co-Petitioner

a)

The Agency may,

in its discretion, act

as

a co-

petitioner

in any adjusted standard proceeding

.

b)

Any person may request Agency assistance

in initiating a

petition for adjusted standard

.

The Agency may require

the person to submit to the Agency any background

information in the person's possession relevant to the

adjusted standard which is sought

.

The Agency shall

promptly notify the person in writing of its

determination either to join as a co-petitioner, or to

c)

Discretionary decisions made by the Agency pursuant to

this Section are not appealable to the Board .

(Source : Added at 11 Ill . Reg

.

effective

)

Section 106 .413

Contents of Petition

a)

The petitioner

shall file ten copies of the petition for

adjusted

standard with the Clerk of the Pollution

79-705

decline to join as a co-petitioner . If the Agency

declines to join

as a co-petitioner, the Agency shall

state the basis

for this decision

.

Section 106.410

Scope and Applicability

This Subpart applies

only whenever provision for an adjusted

standard, as provided

in Section 28 .1 of the Environmental

Protection Act (Act),

is contained in a regulation of general

---

-6-

ControlBoard

(Board),

and

shall serveone copyuponthe

Agency

.

b)

The petition shall contain the following information

:

1)

2)

3)

The natureofthepetitioner's operationsand

controlequipment ;

and

4)

Anyadditional informationwhichmayberequiredin

theregulation of general applicability .

(Source : Added at 11 Ill . Reg

.

effective

)

Section

106 .414

Response and Reply

a)

Within 21 days after the filing of a petition,

the

Agency shall file a response to any petition in which it

has not joined as a co-petitioner

.

This response shall

include the Agency's comments concerning the Board's

action on the petition

.

b)

The petitioner may file a reply within 14 days after the

filing of any Agency response

.

(Source: Added at 11 Ill . Reg

.

effective

)

Section 106.415

Notice and Conduct of Hearing

a)

The Board will hold at least one public hearing prior to

granting an adjusted standard

.

b)

The hearing officer will schedule the hearing .

The

Clerk will give notice of hearing in accordance with 35

Ill

. Adm

. Code 102.124 .

c)

The proceedings will be in accordance with 35 111 . Adm .

Code 102 .160 through 102 .164 .

(Source: Added at 11 Ill . Reg

.

effective

)

79-706

Identification of the regulation of general

applicability for which an adjusted standard is

sought ;

A written statement, signed by the petitioner

and

the Agency, if the Agency is a co-petitioner, or an

authorized representative, outlining the scope

of

the evaluation, the nature of, the reasons for

and

the

basis

of the adjusted standard, consistent

with

the

level

of justification contained in the

regulation

of general applicability ;

---

-7-

Section 106 .416

OpinionsandOrders

a)

TheBoardwilladoptan orderandopinion statingthe

factsandreasons leadingtothefinalBoard

determination, consistentwithanyconsiderationswhich

maybespecifiedintheregulationofgeneral

applicability or Section 27(a)

of the Act

.

b)

The Board will issue such other orders as the Board

deems appropriate,

including, but not limited to,

accepting

or rejecting the petition,

requiring the

submission of further information or directing that

further hearings be held

.

c)

SUCH BOARD ORDERS AND OPINIONS WILL BE MAINTAINED FOR

PUBLIC INSPECTION BY THE CLERK OF THE BOARD AND A

LISTING OF ALL DETERMINATIONS MADE PURSUANT TO THIS

SUBPART WILL BE PUBLISHED IN THE ILLINOIS REGISTER AND

THE ENVIRONMENTAL REGISTER AT THE END OF EACH FISCAL

YEAR

.

d)

A FINAL BOARD DETERMINATION MADE UNDER THIS SUBPART MAY

BE APPEALED PURSUANT TO SECTION 41 OF THE ACT .

(Source : Added at 11 Ill . Reg

.

effective

)

79-707

---

-8-

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

SUBPART

D

:

APPLICATIONS

Section

703 .180

Applications

in General

703 .181

Contents of Part A

703.182

Contents of Part

B

703.183

General Information

703.184

Facility Location Information

703 .185 Groundwater

Protection Information

703.186

Exposure Information

79-708

---

703.200

Specific Information

703 .201 Containers

703.202 Tank-s- Systems

703.203 Surface Impoundments

703.204

Waste Piles

703 .205 Incinerators

703 .206

Land Treatment

703 .207

Landfills

-9-

SUBPART

E :

SHORT TERM AND PHASED PERMITS

Section

703.221 Emergency Permits

703.222

Incinerator

Conditions Prior

to Trial Burn

703.223 Incinerator Conditions During Trial Burn

703 .224

Incinerator

Conditions After Trial Burn

703 .225

Trial Burns

for Existing Incinerators

703 .230

Land Treatment Demonstration

703 .231

Research,

Development and Demonstration Permits

SUBPART

F

:

PERMIT CONDITIONS

Section

703 .241 Establishing Permit Conditions

703.242

Noncompliance Pursuant to Emergency Permit

703 .243

Monitoring

703.244 Notice

of Planned Changes

703 .245

Release

or Discharge Reports

703 .246

Reporting Requirements

AUTHORITY

:

Implementing Section

22 .4

and authorized

by Section

27 of the Environmental Protection Act

(Ill .

Rev .

Stat

.

1985,

ch

.

111 1/2,

pars .

1022 .4 and 1027)

.

SOURCE

:

Adopted

in R82-19,

53 PCB 131,

at

7

Ill .

Reg

.

14289,

effective October 12,

1983

;

amended

in R83-24 at 8

Ill . Reg

.

206,

effective December

27,

1983 ; amended in R84-9 at 9

Ill

.

Reg

.

11899, effective July 24,

1985 ;

amended

in R85-23 at

10

Ill . Reg

.

13284,

effective July

29,

1986

;

amended

in R86-1

at

10

Ill

.

Reg

.

14093, effective August

12,

1986

;

amended

in R86-19 at

10

Ill

.

SUBPART C :

AUTHORIZATION BY RULE AND INTERIM STATUS

Section 703 .155

Changes During Interim Status

a)

New hazardous wastes not previously identified

in Part A

of

the permit application may be

treated,

stored

or

disposed

of

at a facility

if

the

owner

or operator

submits

a revised Part A permit application prior

to

such

a change ;

79-709

Reg .

20702,

effective December

2,

1986 ; amended

in R86-28

at 11

Ill

.

Reg .

, effective

; amended

in R86-46

at

11

Ill .

Reg

.

,

effective

---

-10-

b)

Increases

in the design capacity of processes

used at

a

facility may be made 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 of a

lack of available treatment, storage or disposal

capacity at other hazardous waste management facilities

;

c)

Changes in the processes for the treatment, storage or

disposal of hazardous waste may be made at a facility or

additional processes may be added 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 :

1)

It is necessary to prevent a threat to human health

or the environment because of an emergency

situation ; or

2)

It is necessary to comply with Federal and State

regulations, including 35 111 . Adm. Code 725

;

d)

Changes in the ownership or operational control of a

facility may be made 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 shall comply

with the requirements of 35 Ill . Adm. Code 725-T-

.Subpart H (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 shall 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

shall notify the old owner or operator in writing that

the old owner or operator no longer needs to comply with

35 Ill . Adm . Code 725.Subpart H 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

;

e)

In no event shall changes be made to an HWM facility

during interim status which amount to reconstruction of

the 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 .

Chanqes under this Section do not include

79-710

---

changesmadesolelyforthepurposeofcomplyingwith

requirementsof35Ill.Adm

. Code725.293for tanksand

ancillaryequipment

.

(Board Note :

See 40 CFR 270 .72

(1986),

as amendedat51

Fed .

Reg .

25471, July14,

1986 .)

(Source

:

Amended at

11

Ill. Reg .

effective

)

SUBPART

D: APPLICATIONS

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

to be handled at the facility. At a minimum, these

analyses shall contain all the information which 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)-: fneiud4ng; -

;

include

where applicable, as part of the inspection schedule,

specific requirements in 35 Ill. Adm. Code 724 .274,

724.293(i),

-X24:294;-724.295,

724 .326, 724.354, 724 .373

and 724.403 ;

f)

A justification of any request for a waiver(s) of the

preparedness and prevention requirements of 35 Ill . Adm

.

Code 724.Subpart C ;

g)

A copy of the contingency plan required by 35 Ill . Adm

.

Code 724.Subpart D

;

(Board Note : Include, where applicable, as part of the

contingency plan, specific requirements in 35 Ill . Adm

.

Code 724.327 and 724 .355 . 35 Ill . Adm. Code 724 .355 has

not yet been adopted .)

79-71 1

---

-12-

h)

A description of procedures, structures or equipment

used at the facility to :

1)

Prevent hazards in unloading operations (for

example, ramps, special forklifts)

;

2)

Prevent runoff from hazardous waste handling areas

to other areas of the facility or environment, or

to prevent flooding (for example, berms, dikes,

trenches)

;

3)

Prevent contamination of water supplies ;

4)

Mitigate effects of equipment failure and power

outages ; and

5)

Prevent undue exposure of personnel to hazardous

waste (for example, protective clothing)

;

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)

Traffic pattern, estimated volume (number, types of

vehicles) and control (for example, show turns across

traffic lanes and stacking lanes (if appropriate)

;

describe access road surfacing and load bearing

capacity; show traffic control signals) ;

k)

Facility location information as required by Section

703 .184 ;

1)

An outline of both the introductory and continuing

training programs by owners or operators 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,-and- 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 and 724.451

;

n)

For hazardous waste disposal units that have been

closed, documentation that notices required under 35

Ill . Adm Code 724.219 have been filed ;

79-7 12

---

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

intitial

receipt

of hazardous

wastes,

if

it

is

later

than the submission

of the Part B ;

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 submitted 60 days

prior to the intitial receipt of hazardous wastes, if it

is later than the submission of the Part B

;

q)

-13-

Where applicable, a copy of the insurance policy or

other documentation which 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) ;

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) . Owners and

operators of HWM facilities located in mountainous areas

should use larger contour intervals to adequately show

topographic profiles of facilities . The map shall

clearly show the following

:

1)

Map scale and date

;

2)

100-year floodplain area

;

3)

Surface waters including intermittent streams

;

4)

Surrounding land uses (residential, commercial

79-713

---

-14-

agricultural,

recreational)

;

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

(fences,

gates) ;

9)

Injection and withdrawal

wells both on-site and

off-site

;

10)

Buildings

;

treatment,

storage

or disposal

operations

;

or

other structures (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 ;

12)

Location of operational units within

the HWM

facility site, where hazardous waste

is

(or will

be)

treated,

stored

or disposed

(include equipment

cleanup areas)

;

(Board Note

:

For

large HWM facilities,

the Agency

will allow

the

use of other

scales on

a case by

case basis .)

t)

Applicants may be required

to submit

such information

as

may

be necessary

to enable

the Agency

to determine

whether

a permit

should

be

issued

and what conditions

to

impose

in any permit issued .

(Board Note :

See

40 CFR 270 .14(b)(1986),

as amendedat

51Fed

.

Reg

.

25471, July14,

1986 .)

(Source :

Amended at

11

Ill .

Reg .

effective

)

Section

703 .202

Tank-s- Systems

-Per facilities that use tanks to stare er treat hazardous waste 7

exeept as etheew4se prev4ded

in 35 1117 Adm7 cede 924:296-

desetipt4en of design and eperatien preeedures wh4eh demonstrate

eemplianee with the requirements of 35 1417 Adm? Eede 924:291;

9247292; 9247298; and 92472997 ineluding7

a3

Referenees to design standards er ether available

in£ermat4en used far to be used} in design and

eenstruetHen of the tank;

79-714

---

bj

A deser4pt4en of design spee4f4eat4ens 4nelud4ng

4dent4£4eat4en of construction materials and 44n4ng

materials {4nelude pertinent eharaeter4st4es such as

eorres4en at erosion res4staneet ;

ej

Tank d4mens4ens; eapae4ty and shell th4ekness ;

dj

A diagram of p4p4ng; instrumentation and process flew;

e3 Beser4pt4en of feed systems; safety cutoff; bypass

systems and pressure controls {erg :; ventst;

fj

Beser4pt4en of procedures for handling 4neempat4ble

ignitable or reaet4ve wastes-, 4nelud4ng the use of

buffer zenes:

Where appl4eable; a deser4pt4en of the containment and

detection systems to demonstrate eempl4anee with 35 111 :

Adm: cede 8 4:399{aj must include at least the

fellew4ng-

It

Drawings and a deser4pt4en of the baste design

parameters; dimensions and materials of

eenstruet4en of the containment system:

gi

-15-

aj eapae4ty of the containment system relative to the

design capacity of the tank+st within the system :

3j

Beser4pt4en of the system to detect leaks and

sp41497 and hew pree4p4tat4en and run-en will be

prevented item entering into the detection

system:-

Except

as otherwise provided in 35 Ill . Adm . Code 724.290, owners

and operators of facilities that use tanks to

store or treat

hazardous waste shall provide the following additional

information

:

a)

A written assessment that is reviewed and certified by

an independent, qualified,

registered professional

enqineer 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

pressurecontrols(c q, j

v ntg) ;

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 .

79-7 1 5

---

-16-

Adm.Code724.292(a)(3)(B) ;

f)

For

new tanksystems,adetaileddescriptions of how the

tank system(s)

will

be installed in compliance with 35

Ill . Adm .

Code

724.292(b),

(c),

(d)

and

(e)

;

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)

:

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,

or

2)

A detailed assessment of the substantial present or

potential hazards posed

to human health or the

environment should a release enter the environment

.

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 grantinq

alternative design and oeratinq practices

.

i)

Description of controls and practices to prevent spills

and overflows, as required under 35 Ill . Adm. Code

724 .294(b)

;

and

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 .

(Board Note: See 40 CFR 270.16(1986), as amended at 51

Fed

.

Reg .

25471,

July 14,

1986 .)

(Source: Amended at 11 Ill. Reg

.

effective

)

79-716

---

-17-

TITLE

35

:

ENVIRONMENTAL PROTECTION

SUBTITLE

G :

WASTE DISPOSAL

CHAPTER

I

:

POLLUTION CONTROL BOARD

SUBCHAPTER c

:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

720

HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART A

:

GENERAL PROVISIONS

Section

720 .101

Purpose,

Scope and Applicability

720.102

Availability of Information; Confidentiality of

Information

720 .103

Use of Number

and Gender

SUBPART B

:

DEFINITIONS

Section

720.110

Definitions

720.111

References

SUBPART

C

:

RULEMAKING PETITIONS AND OTHER PROCEDURES

Section

720 .120

Rulemaking

720 .121

Alternative Equivalent Testing Methods

720.122

Waste Delisting

720 .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 Section 22 .4

and authorized by Section

27

of

the Environmental Protection Act

(Ill .

Rev

.

Stat

.

1985,

ch

.

111

1/2,

pars .

1022 .4

and 1027) .

SOURCE :

Adopted

in R81-22,

43 PCB 427,

at

5 Ill

.

Reg

.

9781,

effective

as

noted

in

35 Ill

. Adm

.

Code 700.106 ;

amended

and

codified

in R81-22,

45 PCB 317,

at 6

Ill

.

Reg

.

4828, effective as

noted

in

35

Ill .

Adm

.

Code

700 .106

;

amended

in R82-19 at 7

Ill .

Reg .

14015,

effective Oct .

12,

19831

amended

in R84-9,

53

PCB

131

at 9

111. 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

.

, effective

.

79-7 1 7

---

-18-

amended

in R86-46 at

11

Ill .

Reg .

effective

SUBPART B: DEFINITIONS

Section 720 .110

Definitions

When used in 35 Ill . Adm. Code 720 through 725 only, the

following terms have the meanings given below

:

"Aboveground

tank" means a device meeting the definition

of "tank"

that is situated in such a way that the entire

surface area of the tank is completely above the plane

of the adjacent surrounding surface and the entire

surface area of the tank (including

the

tank bottom)

is

able to be visually inspected .

"Act" or "RCRA" means the Solid Waste Disposal Act, as

amended by the Resource Conservation and Recovery Act of

1976, as amended (42 U .S .C. 6901 et seq .)

"Active life" of a facility means the period from the

initial receipt of hazardous waste at the facility until

the Agency receives certification of final closure

.

"Active portion" means that portion of a facility where

treatment, storage or disposal operations are being or

have been conducted after May 19, 1980 and which is not

a closed portion . (See also "closed portion" and

"inactive portion" .)

"Administrator" means the Administrator of the U .S .

Environmental Protection Agency or his designee

.

"Agency" means the Illinois Environmental Protection

Agency .

"Ancillary equipment" means any device including,

but

not limited to, such devices as piping,

fittings,

flanges, valves and pumps, that is used to distribute,

meter or control the flow of hazardous waste from

its

point of generation to storage

or treatment tank(s),

between hazardous waste storage and treatment tanks to a

point of disposal onsite,

or to a point of shipment for

disposal off-site

.

"Aquifer" means a geologic formation, group of

formations or part of a formation capable of yielding a

significant amount of groundwater to wells or springs

.

"Authorized representative" means the person responsible

for the overall operation of a facility or an

operational unit (i .e ., part of a facility), e .g .,

the

plant manager, superintendent or person of equivalent

79-718

---

-19-

responsibility .

"Board" means the Illinois Pollution Control Board

.

"Boiler" means

an enclosed device using controlled

flame

combustion and having

the following characteristics

:

The

unit must have physical provisions

for

recovering

and exporting

thermal energy

in

the

form

of steam,

heated

fluids

or heated gases ;

and the

unit's combustion chamber

and primary energy

recovery section(s) must be of integral design . To

be of integral design, the combustion chamber and

the primary energy recovery section(s) (such as

waterwalls and superheaters) must be physically

formed into one manufactured or assembled unit. A

unit in which the combustion chamber and the

primary energy recovery section(s) are joined only

by ducts or connections carrying flue gas is not

integrally designed ; however, secondary energy

recovery equipment (such as economizers or air

preheaters) need not be physically formed into the

same unit as the combustion chamber and the primary

energy recovery section. The following units are

not precluded from being boilers solely because

they are not of integral design: process heaters

(units that transfer energy directly to a process

stream), and fluidized bed combustion units ; and

While in operation, the unit must maintain a

thermal energy recovery efficiency of at least 60

percent, calculated in terms of the recovered

energy compared with the thermal value of the fuel

;

and

The unit must export and utilize at least 75

percent of the recovered energy, calculated on an

annual basis . In this calculation, no credit shall

be given for recovered heat used internally in the

same unit. (Examples of internal use are the

preheating of fuel or combustion air, and the

driving of induced or forced draft fans or

feedwater pumps) ; or

The unit is one which the Board has determined, on

a case-by-case basis, to be a boiler, after

considering the standards in Section 720 .132 .

"Certification" means a statement of professional

opinion based upon knowledge and belief

.

"Closed Portion" means that portion of a facility which

an owner or operator has closed in accordance with the

approved facility closure plan and all applicable

79-7 19

---

-20-

closure requirements

.

(See

also

"active portion"

and

"inactive portion" .)

"Component" meanseither

the tankor ancillaryequipment

of atanksystem

.

"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

.

"Contingency plan" means a document setting out an

organized, planned and coordinated course of action to

be followed in case of a fire, explosion or release of

hazardous waste or hazardous waste constituents which

could threaten human health or the environment

.

"Corrosion expert" means a person who, by reason of

knowledge of the physical sciences and the principles of

enqineering 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 piling 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 en ineer who has certification

or licensing that includes education and experience

in

corrosion control on buried or submerged metal piping

systems and metal tanks .

"Designated facility" means a hazardous waste treatment,

storage or disposal facility which has received an EPA

permit (or a facility with interim status) in accordance

with the requirements of 40 CFR 270 and 124 or a permit

from a state authorized in accordance with 40 CFR 271,

or that is regulated under 40 CFR 261 .6(c)(2) or 40 CFR

266.Subpart F or 35 Ill. Adm. Code 721 .106(c)(2) or

726.Subpart F and that has been designated on the

manifest by the generator pursuant to 35 Ill . Adm. Code

722.120

.

"Dike" means an embankment or ridge of either natural or

manmade materials used to prevent the movement of

liquids, sludges, solids or other materials .

"Director" means the Director of the Illinois

Environmental Protection Agency

.

"Discharge" or "hazardous waste discharge" means the

accidental or intentional spilling, leaking, pumping,

pouring, emitting, emptying or dumping of hazardous

79-720

---

-21-

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 .

"Elementary neutralization unit" means a device which

:

Is used for neutralizing wastes which are hazardous

wastes only because they exhibit the corrosivity

characteristic defined in 35 Ill. Adm. Code 721 .122

or are listed in 35 Ill . Adm. Code 721 .Subpart D

only for this reason; and

Meets the definition of tank, container, transport

vehicle or vessel in Section 720 .110 .

"EPA" means United States Environmental Protection

Agency

.

"EPA hazardous waste number" means the number assigned

by EPA to each hazardous waste listed in 35 Ill . Adm .

Code 721 .Subpart D and to each characteristic identified

in 35 Ill. Adm. Code 721 .Subpart C

.

"EPA identification number" 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" 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 Ills

Pennsylvania, Delaware, Maryland, West

Virginia, Virginia and the District of Columbia

Region IV: Kentucky, Tennessee, North Carolina,

Mississippi, Alabama, Georgia, South Carolina and

Florida

79-72 1

---

-22-

Region

V

:

Minnesota, Wisconsin, Illinois,

Michigan, Indiana

and Ohio

Region VI: New Mexico, Oklahoma, Arkansas,

Louisiana and Texas

Region VII: Nebraska, Kansas, Missouri and Iowa

Region VIII : Montana, Wyoming, North Dakota, South

Dakota, Utah and Colorado

Region IX: California, Nevada, Arizona, Hawaii,

Guam, American Samoa and Commonwealth of the

Northern Mariana Islands

Region X: Washington, Oregon, Idaho and Alaska

"Equivalent method" means any testing or analytical

method approved by the Board pursuant to Section

720 .120 .

"Existing hazardous waste management (HWM) facility" or

"existing facility" means a facility which was in

operation or for which construction commenced on or

before November 19, 1980 . A facility had commenced

construction if the owner or operator had obtained the

federal, state and local approvals or permits necessary

to begin physical construction and either

A continuous on-site, physical construction program

had begun or

the owner or operator had entered into contractual

obligations -- which could not be cancelled or

modified without substantial loss

-- for physical

construction of the facility to be completed within

a reasonable time

.

"Existing portion" means that land surface area of an

existing waste management unit, included in the original

Part A permit application, on which wastes have been

placed prior to the issuance of a permit

.

"Existing tank system" or "existing component" means a

tank system or component that is used for the storage or

treatment of hazardous waste and that is in operation,

or for which installation has

commenced gn 9r prior t®

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

79-722

---

-23-

A continuous on-sitephysicalconstructionor

installation programhasbegun;or

Theowneroroperatorhas entered intocontractual

obligations--whichcannotbecanceledormodified

withoutsubstantialloss--forphysical

construction of the site or installation of the

tank system to be completed within a reasonable

time .

"Facility" means all contiguous land and structures,

other appurtenances and improvements on the land used

for treating, storing or disposing of hazardous waste

.

A facility may consist of several treatment, storage or

disposal operational units

(e .g ., one or more landfills,

surface impoundments or combinations of them)

.

"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 .

"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 .

"Food-chain crops" means tobacco, crops grown for human

consumption and crops grown for feed for animals whose

products are consumed by humans

.

"Freeboard" means the vertical distance between the top

of a tank or surface impoundment dike and the surface of

the waste contained therein

.

"Free liquids" means liquids which readily separate from

the solid portion of a waste under ambient temperature

and pressure

.

"Generator" means any person, by site, whose act or

process produce hazardous waste identified or listed in

35 Ill . Adm. Code 721 or whose act first causes a

hazardous waste to become subject to regulation

.

"Groundwater" means water below the land surface in a

79-723

---

zone

of saturation .

"Hazardous waste" means a hazardous waste as defined

in

35

Ill .

Adm .

Code

721 .103

.

"Hazardous waste constituent" means a constituent which

caused

the hazardous

waste

to be listed

in

35

Ill

.

Adm .

Code 721 .Subpart

D,

or

a constituent listed

in of

35

131 .

Adm .

Code 721 .124

.

"Hazardous waste management unit"

is

a contiguous

area

of land on

or

in which hazardous

waste

is placed,

or

the

largest area

in which there

is significant

likelihood

of

mixing hazardous waste constituents

in the same area

.

Examples of hazardous waste management units include a

surface impoundment, a waste pile, a land treatment

area, a landfill cell, an incinerator, a tank and its

associated piping and underlying containment system and

a container storage area . A container alone does not

constitute a unit ; the unit includes containers and the

land or pad upon which they are placed

.

"Inactive portion" means that portion of a facility

which is not operated after November 19, 1980 . (See

also "active portion" and "closed portion" .)

"Incinerator" means any enclosed device using controlled

flame combustion which is neither a "boiler" nor an

"industrial furnace"

"Incompatible waste" means a hazardous waste which is

suitable for :

Placement in a particular device or facility

because it may cause corrosion or decay of

containment materials

(e .g .,

container inner liners

or tank walls) ; or

Commingling with another waste or material under

uncontrolled conditions because the commingling

might produce heat or pressure, fire or explosion,

violent reaction, toxic dusts, mists, fumes or

gases or flammable fumes or gases

.

(See 35 111 . Adm. Code 725-7-

.Appendix E for

examples .)

"Industrial furnace" means any of the following enclosed

devices that are integral components of manufacturing

processes and that use controlled flame devices to

accomplish recovery of materials or energy :

Cement kilns

-24-

79-724

---

Lime

kilns

Aggregate

kilns

Phosphate

kilns

Coke ovens

Blast furnaces

Smelting, melting

and refining

furnaces

(including

pyrometallurgical devices such as cupolas,

reverberator furnaces, sintering machines, roasters

and foundry furnaces)

Titanium dioxide chloride process oxidation

reactors

Methane reforming furnaces

Pulping liquor recovery furnaces

Combustion devices used in the recovery of sulfur

values from spent sulfuric acid

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

-25-

79-725

---

-26-

individual generation site

if

the site

or property

is

contiguous

.

"Inground

tank" means adevicemeetingthedefinition of

"tank" whereby a portion of the tank wall

is situated to

any degree within the ground,

thereby preventing visual

inspection of that external surface area of the tank

that is in the ground

.

"In operation" refers to a facility which is treating,

storing or disposing of hazardous waste .

"Injection well" means a well into which fluids are

being injected . (See also "underground injection" .)

"Inner liner" means a continuous layer of material

placed inside a tank or container which protects the

construction materials of the tank or container from the

contained waste or reagents used to treat the waste

.

"Installation inspector" means a person who, by reason

of knowledge of the physical sciences and the principles

of engineering, acquired by a professional education and

related practical experience,

is qualified to supervise

the

installation of tank systems

.

"International shipment" means the transportation of

hazardous waste into or out of the jurisdiction of the

United States

.

"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 land treatment facility, a surface

impoundment or an injection well

.

"Landfill cell" means a discrete volume of a hazardous

waste landfill which uses a liner to provide isolation

of wastes from adjacent cells or wastes . Examples of

landfill cells are trenches and pits

.

"Leachate" means any liquid, including any suspended

components in the liquid, that has percolated through or

drained from hazardous waste

.

"Liner" means- means- a continuous layer of natural or

manmade materials beneath or on the sides of a surface

impoundment, landfill or landfill cell, which restricts

the downward or lateral escape of hazardous waste,

79-726

---

-27-

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

aboveqround tanks)

or consist of an interstitial

monitoring device designed to detect continuously and

automatically the failure of the primary or secondary

containment structure or the presence of a

release of

hazardous waste into the secondary containment

structure .

"Management" or "hazardous waste management" means the

systematic control of the collection, source separation,

storage, transportation, processing, treatment, recovery

and disposal of hazardous waste

.

"Manifest" means the shipping document originated and

signed by the generator which contains the information

required by 35 Ill . Adm. Code 722.Subpart B .

"Manifest document number" means the USEPA twelve digit

identification number assigned to the generator plus a

unique five digit document number assigned to the

manifest by the generator for recording and reporting

purposes

.

"Mining overburden returned to the mine site" means any

material overlying an economic mineral deposit which is

removed to gain access to that deposit and is then used

for reclamation of a surface mine

.

"Movement" means that hazardous waste transported to a

facility in an individual vehicle

.

"New hazardous waste management facility" or "new

facility" means a facility which began operation, or for

which construction commenced, after November 19, 1980

.

(See also "Existing hazardous waste management

facility" .)

"New tank system" or "new tank component" means a tank

system or component that will be used for the storage or

treatment of hazardous waste and

for which installation

commenced after July 14,

1986

;

except, however,

for

purposes of 35 Ill . Adm. Code 724 .293(g)(2)

and

725.293(q)(2),

a new tank system is one for which

construction commences after July 14,

1986

.

(See

also

"existing tank system .")

79-727

---

-28-

"Onground tank"meansadevicemeetinqthedefinition of

"tank"

that is situated in such a way that the bottom of

the tank is on the same level as the adjacent

surrounding surfaces so that the external tank bottom

cannot be visually inspected .

"On-site" means the same or geographically contiguous

property which may be divided by public or private

right-of-way, provided the entrance and exit between the

properties is at a crossroads intersection and access is

by crossing as opposed to going along the right-of-

way. Noncontiguous properties owned by the same person

but connected by a right-of-way which he controls and to

which the public does not have access is also considered

on-site property .

"Open burning" means the combustion of any material

without the following characteristics :

Control of combustion air to maintain adequate

temperature for efficient combustion ;

Containment of the combustion reaction in an

enclosed device to provide sufficient residence

time and mixing for complete combustion ; and

Control of emission of the gaseous combustion

products .

(See also "incineration" and "thermal treatment" .)

"Operator" means the person responsible for the overall

operation of a facility .

"Owner" means the person who owns a facility or part of

a facility

.

"Partial closure" means the closure of a hazardous waste

management unit in accordance with the applicable

closure requirements of 35 Ill . Adm. Code 724 or 725 at

a facility which contains other active hazardous waste

management units . For example, partial closure may

include the closure of a tank (including its associated

piping and underlying containment systems), landfill

cell, surface impoundment, waste pile or other hazardous

waste management unit, while other units of the same

facility continue to operate

.

"Person" means- 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 .

79-728

---

-29-

"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

.

"Pile" means any noncontainerized accumulation of solid,

non-flowing hazardous waste that is used for treatment

or storage

.

"Point source" means any discernible, confined and

discrete conveyance including, but not limited to, any

pipe, ditch, channel, tunnel, conduit, well, discrete

fissure, container, rolling stock, concentrated animal

feeding operation or vessel or other floating craft from

which pollutants are or may be discharged . This term

does not include return flows from irrigated

agriculture .

"Publicly owned treatment works" or "POTW" means any

device or system used in the treatment (including

recycling and reclamation) of municipal sewage or

industrial wastes of a liquid nature which is owned by a

"state" or "municipality" (as defined by Section 502(4)

of the Clean Water Act (33 U .S .C. 1362(4)) . This

definition includes sewers, pipes or other conveyances

only if they convey wastewater to a POTW providing

treatment

.

"Regional Administrator" means the Regional

Administrator for the EPA Region in which the facility

is located or his designee

.

"Representative sample" means a sample of a universe or

whole

(e .g ., waste pile, lagoon, groundwater) which can

be expected to exhibit the average properties of the

universe or whole

.

"Runoff" means any rainwater, leachate or other liquid

that drains over land from any part of a facility

.

"Runon" means any rainwater, leachate or other liquid

that drains over land onto any part of a facility

.

"Saturated zone" or "zone of saturation" means that part

of the earth's crust in which all voids are filled with

water .

"SIC Code" means Standard Industrial Code as defined in

Standard Industrial Classification Manual, incorporated

by reference in Section 720 .111

.

"Sludge" means any solid, semi-solid or liquid waste

generated from a municipal, commercial or industrial

79-729

---

-30-

wastewater treatment plant,

water

supply

treatment plant

or

air pollution control facility exclusive

of

the

treated effluent

from

a wastewater treatment plant .

"Small Quantity Generator" means a generator which

generates less than 1000 kg of hazardous waste in a

calendar month .

"Solid waste" means a solid waste as defined in 35 Ill

.

Adm. Code 721.102

.

"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

.

"State" means any of the several states, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa and the Commonwealth of

the Northern Mariana Islands

.

"Storage" means the holding of hazardous waste for a

temporary period, at the end of which the hazardous

waste is treated, disposed of or stored elsewhere

.

"Surface impoundment" or "impoundment" means a facility

or part of a facility which is a natural topographic

depression, manmade excavation or diked area formed

primarily of earthen materials (although it may be lined

with manmade materials) which is designed to hold an

accumulation of liquid wastes or wastes containing free

liquids and which is not an injection well . Examples of

surface impoundments are holding, storage, settling and

aeration pits, ponds and lagoons

.

"Tank" means a stationary device, designed to contain an

accumulation of hazardous waste which is constructed

primarily of nonearthen materials

(e .g ., wood, concrete,

steel, plastic) which provide structural support

.

"Tank system" means a hazardous waste storage or

treatment tank and its associated ancillary equipment

and containment system .

"Thermal treatment" means the treatment of hazardous

waste in a device which uses elevated temperatures as

the primary means to change the chemical, physical or

biological character or composition of the hazardous

waste . Examples of thermal treatment processes are

incineration, molten salt, pyrolysis, calcination, wet

air oxidation and microwave discharge . (See also

"incinerator" and "open burning" .)

79-730

---

-31-

"Totally enclosed

treatment

facility" means a facility

for

the treatment of hazardous waste which

is directly

connected

to

an

industrial production process and which

is constructed and operated in a manner which prevents

the release of any hazardous waste or any constituent

thereof into the environment during treatment . An

example is a pipe in which waste acid is neutralized

.

"Transfer facility" means any transportation related

facility including loading docks, parking areas, storage

areas and other similar areas where shipments of

hazardous waste are held during the normal course of

transportation .

"Transport vehicle" means a motor vehicle or rail car

used for the transportation of cargo by any mode . Each

cargo-carrying body (trailer, railroad freight car,

etc .) is a separate transport vehicle

.

"Transportation" means the movement of hazardous waste

by air, rail, highway or water

.

"Transporter" means a person engaged in the off-site

transportation of hazardous waste by air, rail, highway

or water .

"Treatment" means any method, technique or process,

including neutralization, designed to change the

physical, chemical or biological character or

composition of any hazardous waste so as to neutralize

such waste, or so as to recover energy or material

resources from the waste or so as to render such waste

non-hazardous or less hazardous ; safer to transport,

store or dispose of ; or amenable for recovery, amenable

for storage or reduced in volume .

"Treatment zone" means a soil area of the unsaturated

zone of a land treatment unit within which hazardous

constituents are degraded, transformed or immobilized

.

"Underground injection" means the subsurface emplacement

of fluids through a bored, drilled or driven well ; or

through a dug well, where the depth of the dug well is

greater than the largest surface dimension . (See also

"injection well" .)

"Underground tank"

means

a device meeting the definition

of "tank" whose entire surface area is totally below the

surface of and covered by the ground .

"Unfit-for-use

tank system" means

a tank system that has

been determined through an integrity assessment or other

inspection to be no longer capable of storing or

treating hazardous waste without posing a threat of

79-731

---

-32-

releaseofhazardouswastetotheenvironment

.

"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 .

"Unsaturated zone" or "zone of aeration" means the zone

between the land surface and the water table

.

"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

.

"Vessel" includes every description of watercraft, used

or capable of being used as a means of transportation on

the water

.

"Wastewater treatment unit" means a device which

:

Is part of a wastewater treatment facility which is

subject to regulation under either Section 402 or

Section 307(b) of the Clean Water Act (33 U .S .C

.

1342 or 1317(b)) ; and receives and treats or stores

an influent wastewater which is a hazardous waste

as defined in 35 Ill . Adm. Code 721 .103 or

generates and accumulates a wastewater treatment

sludge which is a hazardous waste as defined in 35

Ill. Adm. Code 721 .103 or treats or stores a

wastewater treatment sludge which is a hazardous

waste as defined in 35 Ill . Adm. Code 721 .103; and

Meets the definition of tank in 35 Ill . Adm. Code

720.110

.

"Water (bulk shipment)" means the bulk transportation of

hazardous waste which is loaded or carried on board a

vessel without containers or labels

.

"Well" means any shaft or pit dug or bored into the

earth, generally of a cylindrical form, and often walled

with bricks or tubing to prevent the earth from caving

in .

"Well injection" (See "underground injection")

.

"Zone of engineering control" means an area under the

control of the owner or operator

that, upon detection of

a hazardous waste release,

can be readily cleaned up

prior to the release of hazardous waste or hazardous

constituents to groundwater or surface

water

.

79-732

---

(Source :

Amended at

11

Ill .

Reg

.

effective

)

Section 720.111

References

-33-

a)

When used

in

35

Ill

. Adm

.

Code 720 through 725,

the

following publications

are incorporated by reference

:

ANSI .

AvailablefromtheAmericanNational

Standards Institute, 1430Broadway,NewYork,New

York

10018,

(212) 354-3300

:

"Petroleum Refinery Piping," ANSI B31 .3 --

1976, with addendum B31 .3(d)

--

1980

.

"Liquid Petroleum Transportation Piping

Systems," ANSI 831 .4-- 1974, with addendum

B31 .4(b)

-- 1981

.

API .

Available from the American Petroleum

Institute,

1220 L Street, N .W., Washington,

D .C .

20005,

(202) 682-8000 :

"Guide

for Inspection of Refinery Equipment,

Chapter XIII, Atmospheric and Low Pressure

Storage Tanks,"

4th Edition,

1981

.

"Cathodic Protection of Underground Petroleum

Storage Tanks and Piping Systems," API

Publication 1632,

1983

.

"Installation of Underground Petroleum Storage

Systems," API Publication

1615

(November

1979)

.

ASTM .

Available from American Society for Testing

and Materials,

1916 Race Street, Philadelphia,

PA

19103,

(215) 299-5400

:

"ASTM Standard Test Methods for Flash Point of

Liquids by Setaflash Closed Tester," ASTM

Standard D-3278-78-7 ava#}able from Amer#ean

Seeiety far Testing and Materials; 19}6 Raee

Street; Philadelphia; PA 19IG3-

.

"ASTM Standard Test Methods for Flash Point

Pensky-Martens Closed Tester," ASTM Standard

D-D-93-79 or D-93-80 .-

B-93-89 is available

from Ameriean Seeiety for Testing and

Materiaie7 1916 Raee Street; Philadelphia?

PA

39}63r-

-"flammable and eembastible bigeids eedeu {1979 or

}991}; available from the National fire Preteetien

79-733

---

(Source :

Amended at

11

Ill. Reg .

-34-

Assee4at4en7 498 Atlant4e Avenue? Besten7 MA

82218:-

GPO

.

Available from the Superintendent of

Documents,

U.S

.

Government Printing Office,

Washington,

D .C

. 20401,

(202) 783-3238

:

Standard Industrial Classification Manual

(1972), and 1977 Supplement, republished in

1983-7 eva4leble from the Superintendent of

Beeuments7 H:6: Government Pr4nt4ng 9£f4ee7

Wash-ingten7 B:e: 29491:-

Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods," EPA Publication

number SW-846 (Second Edition, 1982 as amended

by Update I (April, 1984) and Update II

(April, 1985)) . -The seeend ed4t4en of SW-&46

and updates -1 and 11 are ava-ilable

item the

Superintendent of Beeuments7 8:6: Government

Pr4nt4ng eff4ee7 Wash4ngten7 B :e: 28481=

{2623 483-3238 en a subser4pt4en bas4s:-

NACE .

Available from the National Association of

Corrosion Engineers,

1400 South Creek Dr .,

Houston,

TX

77084, (713) 492-0535

:

"Recommended Practice (RP-02-85)

Control of

External Corrosion on Metallic Buried,

Partially Buried, or Submerged Liquid Storage

Systems ."

NFPA .

Available from the National Fire Protection

Association, Batterymarch Park,

Boston,

MA

02269, (617)

770-3000

:

"Flammable and Combustible Liquids Code"

(1977

or

1981)

.

STI

.

Available from the Steel Tank Institute,

728

Anthony Trail, Northbrook,

IL

60062,

(312)

498-

1980

:

"Standard

for Dual Wall Underground Steel

Storage Tanks"

(1986) .

b)

-The references 14sted 4n paragraph {a3 are else

available for 4nspeet4en

at the of tee et thg feterai

Reg4ater7 1188 b Street?

NWT Wash4ngten7 B:es 28488 and

at the 1li4no4s State b4brarp7 eentenn4al Bu4lding7

Spr4ngf4eld7 lb 627 ,567-

This Section incorporates no

later editions or amendments

.

79-734

---

effective

)

-35-

79-735

---

-36-

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 of 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

SUPBART 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

SUBPART D: LISTS OF HAZARDOUS WASTE

Section

79-736

721 .120

General

721.121

Characteristics of Ignitability

721.122

Characteristics

of Corrosivity

721.123

Characteristics of Reactivity

721.124

Characteristics

of EP Toxicity

721 .130

721 .131

721.132

721 .133

General

Hazardous Wastes From Nonspecific Sources

Hazardous Waste -P-from Specific Sources

Discarded Commercial Chemical Products, Off-

Specification Species, Container Residues and Spill

Residues Thereof

Appendix A

Representative Sampling Methods

Appendix B

EP Toxicity Test Procedures

Appendix C

Chemical Analysis Test Methods

Table A

Analytical Characteristics of Organic Chemicals

(Repealed)

Table B

Analytical Characteristics of Inorganic Species

(Repealed)

---

-38-

2)

Industrial wastewater discharges

that are point

source discharges subject

to regulation

under

Section 402 of

the Clean Water Act,

as amended

(33

U .S .C

.

1251 et seq .)

(Board Note

:

This exclusion applies only

to the

actual point source discharge .

It does not exclude

industrial wastewaters while they

are being

collected,

stored

or treated before discharge,

nor

does

it exclude sludges

that are generated by

industrial wastewater treatment .)

3)

Irrigation return flows .

4)

Source, special nuclear

or by-product material as

defined by the Atomic Energy Act of 1954, as

amended (42 U .S .C. 2011 et seq .)

5) Materials subjected to in-situ mining techniques

which are not removed from the ground as part of

the extraction process .

6)

Pulping liquors

(i .e .,

black liquor) that are

reclaimed in a pulping liquor recovery furnace and

then reused in the pulping process, unless

accumulated speculatively as defined in Section

721.101(c)

;

7)

Spent sulfuric acid used to produce virgin sulfuric

acid, unless it is accumulated speculatively as

defined in Section 721 .101(c)

.

8)

Secondary materials that are reclaimed and returned

to the original process or processes in which they

were generated where they are reused in the

production process,

provided

:

A)

Only tank storage is involved, and the entire

process through completion of reclamation is

closed by being entirely connected with pipes

or other comparable enclosed means of

conveyance ;

B)

Reclamation does not involve controlled flame

combustion (such as occurs in boilers,

industrial

furnaces or incinerators)

;

C)

The secondary materials are never accumulated

in such tanks for over twelve months without

being reclaimed ;

and

D)

The reclaimed material is not used to produce

a fuel, or used to produce products that are

used

in

a manner constituting disposal

.

79-738

---

-39-

b)

Solid wastes which are not hazardous wastes

.

The

following

solid wastes are not hazardous wastes :

1)

Household waste,

including household waste

that has

been

collected, transported,

stored, treated,

disposed,

recovered

(e .g ., refuse-derived fuel)

or

reused

.

"Household waste" means any waste material

(including garbage, trash and sanitary wastes in

septic tanks) derived from households (including

single and multiple residences, hotels and motels,

bunkhouses, ranger stations, crew quarters,

campgrounds, picnic grounds and day-use recreation

areas) . A resource recovery facility managing

municipal solid waste shall not be deemed to be

treating, storing, disposing of or otherwise

managing hazardous wastes for the purposes of

regulation under this Part, if such facility :

A)

Receives and burns only

:

i)

Household waste (from single and multiple

dwellings, hotels, motels and other

residential sources) and

ii) Solid waste from commercial or industrial

sources that does not contain hazardous

waste ; and

B)

Such facility does not accept hazardous waste

and the owner or operator of such facility has

established contractural requirements or other

appropriate notification or inspection

procedures to assure that hazardous wastes are

not received at or burned in such facility

.

2)

Solid wastes generated by any of the following and

which are returned to the soil as fertilizers

:

A)

The growing and harvesting of agricultural

crops

.

B)

The raising of animals, including animal

manures .

3)

Mining overburden returned to the mine site

.

4)

Fly ash waste, bottom ash waste, slag waste, and

flue gas emission control waste generated primarily

from the combustion of coal or other fossil fuels

.

5)

Drilling fluids, produced waters, and other wastes

associated with the exploration, development, or

production of crude oil, natural gas or geothermal

79-739

---

6)

energy .

A)

Wastes which fail

the

test

for

the

characteristic

of

EP toxicity

(Section

721.124

and Appendix

B)

because chromium

is present

or

are listed

in Subpart D due

to

the presence of

chromium, which do not fail the test

for

the

characteristic of EP toxicity for any other

constituent or are not listed due to the

presence of any other constituent, and which

do not fail the test for any other

characteristic, if it is shown by a waste

generator or by waste generators that

:

i)

The chromium in the waste is exclusively

(or nearly exclusively) trivalent

chromium; and

ii) The waste is generated from an industrial

process which uses trivalent chromium

exclusively (or nearly exclusively) and

the process does not generate hexavalent

chromium; and

iii) The waste is typically and frequently

managed in non-oxidizing environments

.

B)

Specific wastes which meet the standard in

subsections

(b)(6)(A)(i),

(ii) and (iii) (so

long as they do not fail the test for the

characteristic of EP toxicity, and do not fail

the test for any other characteristic) are

i)

Chrome (blue) trimmings generated by the

following subcategories of the leather

tanning and finishing industry ; hair

pulp/chrome tan/retan/wet finish ; hair

save/chrome tan/retan/wet finish

;

retan/wet finish; no beamhouse; through-

the-blue; and shearling

.

ii) Chrome (blue) shavings generated by the

following subcategories of the leather

tanning and finishing industry; hair

pulp/chrome tan/retan/wet finish ; hair

save/chrome tan/retan/wet finish

;

retan/wet finish; no beamhouse; through-

the-blue; and shearling

.

iii) Buffing dust generated by the following

subcategories of the leather tanning and

finishing industry : hair pulp/chrome

tan/retan/wet finish ; hair save/chrome

-40-

79-740

---

-41-

tan/retan/wet finish; retan/wet finish

;

no beamhouse ; through-the-blue

.

iv)

Sewer

screenings generated by the

following subcategories of the leather

tanning and finishing industry: hair

pulp/chrome tan/retan/wet finish ; hair

save/chrome tan/retan/wet finish

;

retan/wet finish; no beamhouse ; through-

the-blue ; and shearling .

v)

Wastewater treatment sludges generated by

the following subcategories of the

leather tanning and finishing industry

:

hair pulp/chrome tan/retan/wet finish ;

hair save/chrome tan/retan/wet finish ;

retan/wet finish; no beamhouse ; through-

the-blue; and shearling .

vi) Wastewater treatment sludges generated by

the following subcategories of the

leather tanning and finishing industry :

hair pulp/chrome tan/retan/wet finish ;

hair save/chrome tan/retan/wet finish

;

and through-the-blue

.

vii) Waste scrap leather from the leather

tanning industry, the shoe manufacturing

industry, and other leather product

manufacturing industries

.

viii)Wastewater treatment sludges from the

production of titanium dioxide pigment

using chromium-bearing ores by the

chloride process

.

7)

Solid waste from the extraction, beneficiation and

processing of ores and minerals (including coal),

including phosphate rock and overburden from the

mining of uranium ore

.

8)

Cement kiln dust waste .

9)

Solid waste which consists of discarded wood or

wood products which fails the test for the

characteristic of EP toxicity and which is not a

hazardous waste for any other reason if the waste

is generated by persons who utilize the arsenical-

treated wood and wood products for these materials'

intended end use .

c)

Hazardous wastes which are exempted from certain

regulations. A hazardous waste which is generated in a

product or raw material storage tank, a product or raw

79-741

---

material transport vehicle or vessel, a product or raw

material pipeline, or in a manufacturing process unit or

an associated non-waste-treatment manufacturing unit, is

not subject to regulation under 35 Ill . Adm. Code 702,

703, 705 and 722 through 725 or to the notification

requirements of Section 3010 of RCRA until it exits the

unit in which it was generated, unless the unit is a

surface impoundment, or unless the hazardous waste

remains in the unit more than 90 days after the unit

ceases to be operated for manufacturing, or for storage

or transportation of product or raw materials

.

d)

Samples

-42-

1)

Except as provided in subsection

(d)(2), a sample

of solid waste or a sample of water, soil or air,

which is collected for the sole purpose of testing

to determine its characteristics or composition, is

not subject to any requirements of this Part or 35

Ill . Adm. Code 702, 703, 705 and 722 through 725

.

The sample qualifies when :

A)

The sample is being transported to a

laboratory for the purpose of testing ; or

B)

The sample is being transported back to the

sample collector after testing ; or

C)

The sample is being stored by the sample

collector before transport to a laboratory for

testing ; or

D)

The sample is being stored in a laboratory

before testing ; or

E)

The sample is being stored in a laboratory for

testing but before it is returned to the

sample collector ; or

F)

The sample is being stored temporarily in the

laboratory after testing for a specific

purpose (for example, until conclusion of a

court case or enforcement action where further

testing of the sample may be necessary)

.

2)

In order to qualify for the exemption in subsection

(d)(1)(A)

and

(B), a sample collector shipping

samples to a laboratory and a laboratory returning

samples to a sample collector must

:

A)

Comply with U .S. Department of Transportation

(DOT), U .S. Postal Service (USPS), or any

other applicable shipping requirements ; or

79-742

---

-43-

B)

Comply with

the following requirements

if the

sample collector determines

that DOT,

LISPS,

or

other shipping requirements do not apply to

the shipment of the sample

:

i)

Assure that the following information

accompanies the sample : The sample

collector's name, mailing address, and

telephone number ; the laboratory's name,

mailing address, and telephone number

;

the quantity of the sample ; the date of

the shipment; and a description of the

sample

.

ii) Package the sample so that it does not

leak, spill, or vaporize from its

packaging .

3)

This exemption does not apply if the laboratory

determines that the waste is hazardous but the

laboratory is no longer meeting any of the

conditions stated in subsection

(d)(1)

.

(Source : Amended at 11 Ill . Reg

.

,

effective

)

Section 721 .105

Special Requirements for Hazardous Waste

Generated by Small Quantity Generators

a)

A generator is a conditionally exempt small quantity

generator in a calendar month if it generates no more

than 100 kilograms of hazardous waste in that month . 35

Ill. Adm. Code 700 explains the relation of this to the

100 kg/mo exception of 35 Ill . Adm. Code 809

.

b)

Except for those wastes identified in subsections

(e),

(f),(g)

and

(j), a conditionally exempt small quantity

generator's hazardous wastes are not subject to

regulation under 35 Ill . Adm. Code 702, 703, 705 and 722

through 726, and the notification requirements of

Section 3010 of the Resource Conservation and Recovery

Act, provided the generator complies with the

requirements of subsections (f), (g) and (j)

.

c)

Hazardous waste that is not subject to regulation or

that is subject only to 35 Ill. Adm Code 722 .111,

722.112, 722.140(c) and 722.141 is not included in the

quantity determinations of this Part and 35 Ill . Adm

.

Code 722 through 726 and is not subject to any

requirements of those Parts. Hazardous waste that is

subject to the requirements of Section 721 .106(b) and

(c) and 35 Ill. Adm. Code 726 .Subparts C, D and F is

included in the quantity determinations of this Part and

is subject to the requirements of this Part and 35 Ill

.

79-743

---

-4 4 -

Adm .

Code

722 through 726

.

d)

In determining

the quantity of hazardous

waste

it

generates,

a generator

need not include

:

1)

Hazardous waste when

it

is removed

from on-site

storage ;

or

2)

Hazardous waste produced by on-site treatment

(including

reclamation) of

its hazardous waste

so

long

as

the hazardous waste that

is treated

was

counted

once ;

or,

3)

Spent materials that are generated,

reclaimed and

subsequently reused on-site, so long as such spent

materials have been counted once

.

e)

If a generator generates acute hazardous waste in a

calendar month in quantities greater than set forth

below, all quantities of that acute hazardous waste are

subject to full regulation under 35 Ill . Adm. Code 702,

703, 705 and 722 through 726, and the notification

requirements of Section 3010 of the Resource

Conservation and Recovery Act

:

1) A total of one kilogram of acute hazardous wastes

listed in Sections 721 .131, 721 .132 or 721 .133(e)

;

or

2)

A total of 100 kilograms of any residue or

contaminated soil, waste or other debris resulting

from the clean-up of a spill, into or on any land

or water, of any acute hazardous wastes listed in

Sections 721 .131, 721 .132 or 721 .133(e)

.

f)

In order for acute hazardous wastes generated by a

generator of acute hazardous wastes in quantities equal

to or less than those set forth in subsection (e)(1)

or

(e)(2) to be excluded from full regulation under this

Section, the generator must comply with the following

requirements :

1)

35 Ill . Adm. Code 722 .111 .

2)

The generator may accumulate acute hazardous waste

on-site. If it accumulates at any time acute

hazardous wastes in quantities greater than set

forth in subsections

(e)(1)

or

(e)(2),

all of those

accumulated wastes are subject to regulation under

35 Ill . Adm. Code 702, 703, 705 and 722 through

726, and the applicable notification requirements

of Section 3010 of the Resource Conservation and

Recovery Act. The time period of 35 Ill . Adm. Code

722.134(d) for accumulation of wastes on-site

79-744

---

g)

- 4 5-

begins

when the accumulated wastes exceed the

applicable exclusion limit .

3)

A conditionally exempt small quantity generator may

either treat or dispose of its acute hazardous

waste in an on-site facility, or ensure delivery to

an off-site storage, treatment or disposal

facility, either of which

,

if located in the United

States,

is :

A)

Permitted under 35 Ill . Adm. Code 703 ;

B)

In interim status under 35 111 . Adm. Code 703

and 725 ;

C)

Authorized to manage hazardous waste by a

State with a hazardous waste management

program approved by USEPA ;

D)

Permitted, licensed or registered by a State

to manage municipal or industrial solid waste ;

or

E)

A facility which :

i)

Beneficially uses or reuses or

legitimately recycles or reclaims its

waste; or

ii) Treats its waste prior to beneficial use

or reuse, or legitimate recycling or

reclamation

.

In order for hazardous waste generated by a

conditionally exempt small quantity generator in

quantities of less than 100 kilograms of hazardous waste

during a calendar month to be excluded from full

regulation under this Section, the generator must comply

with the following requirements

:

1)

35 Ill . Adm. Code 722 .111

;

2)

The conditionally exempt small quantity generator

may accumulate hazardous waste on-site . If it

accumulates at any time more than a total of 1000

kilograms of the generator's hazardous waste, all

of those accumulated wastes are subject to

regulation under the special provisions of 35 Ill .

Adm. Code 722 applicable to generators of between

100 kg and 1000 kg of hazardous waste in a calendar

month as well as the requirements of 35 Ill . Adm .

Code 702, 703, 705 and 723 through 726, and the

applicable notification requirements of Section

3010 of the Resource Conservation and Recovery

79-745

---

- 4 6-

Act .

The

time period of

35

Ill. Adm .

Code

722.134(d)

for accumulation of wastes on-site

begins for a small quantity generator when the

accumulated wastes exceed 1000 kilograms

;

3)

A conditionally exempt small quantity generator may

either treat or dispose of its hazardous waste in

an on-site facility, or ensure delivery to an off-

site storage, treatment or disposal facility,

either of which ,

if located in the United States,

is

:

A)

Permitted under 35 Ill . Adm. Code 702 and 703 ;

B)

In interim status under 35 Ill . Adm. Code 703

and 725

;

C)

Authorized to manage hazardous waste by a

State with a hazardous waste management

program approved under 40 CFR 271 (1985)

;

D)

Permitted, licensed or registered by a State

to manage municipal or industrial solid

waste; or

E)

A facility which

:

i)

Beneficially uses or re-uses, or

legitimately recycles or reclaims the

small quantity generator's waste ; or

ii) Treats its waste prior to beneficial use

or re-use, or legitimate recycling or

reclamation .

h)

Hazardous waste subject to the reduced requirements of

this Section may be mixed with non-hazardous waste and

remain subject to these reduced requirements even though

the resultant mixture exceeds the quantity limitations

identified in this Section, unless the mixture meets any

of the characteristics of hazardous wastes identified in

Subpart C .

i)

If a small quantity generator mixes a solid waste with a

hazardous waste that exceeds a quantity exclusion level

of this Section, the mixture is subject to full

regulation

.

j)

If a conditionally exempt small quantity generator's

hazardous wastes are mixed with used oil, the mixture is

subject to 35 Ill . Adm. Code 726 .Subpart E, if it is

destined to be burned for energy recovery . Any material

produced from such a mixture by processing, blending or

other treatment is also so regulated if it is destined

79-746

---

to

be burned

for energy recovery .

(Source

:

Amended at 11 Ill

.

Reg

.

effective

)

Section 721 .106

Requirements for Recyclable Materials

a)

1)

Hazardous wastes that are recycled are subject to

the requirements

for generators, transporters,

and

storage facilities of subsections

(b)

and

(c),

except for

the materials

listed

in subsections

(a)(2)

and

(a)(3)

.

Hazardous wastes that are

recycled will

be known as "recyclable materials"

.

2)

The following recyclable materials are not subject

to the requirements of this Section but are

regulated under 35 Ill . Adm. Code 726 .Subparts C

through G and all applicable provisions in 35 Ill

.

Adm. Code 702, 703 and 705 .

A)

Recyclable materials used in a manner

constituting disposal (35 Ill . Adm. Code

726.Subpart C)

;

B)

Hazardous wastes burned for energy recovery in

boilers and industrial furnaces that are not

regulated under 35 Ill . Adm . Code 724 or

725.Subpart 0 (35 Ill . Adm. Code 726 .Subpart

D .)

C)

Used oil that exhibits one or more of the

characteristics of hazardous waste and is

burned for energy recovery in boilers or

industrial furnaces that are not regulated

under 35 Ill . Adm. Code 724 or 725 .Subpart

0 .

(35 Ill . Adm. Code 726 . Subpart E)

;

D)

Recyclable materials from which precious

metals are reclaimed (35 Ill . Adm. Code

726.Subpart F)

;

E)

Spent lead-acid batteries that are being

reclaimed (35 Ill. Adm. Code 726 .Subpart G)

.

3)

The following recyclable materials are not subject

to regulation under 35 Ill . Adm. Code 722 through

726, or 702, 703 or 705 and are not subject to the

notification requirements of Section 3010 of the

Resource Conservation and Recovery Act :

A)

Industrial ethyl alcohol that is

reclaimed-;-

except

that, unless provided otherwise

in an

international agreement as specified in 35

- 4 7-

79-747

---

-4 8-

Ill

.

Adm

.

Code

722.158 :

i)

A person

initiating a shipmentfor

reclamation inaforeigncountry, andany

intermediary arranginq for the shipment,

shall comply with the requirements

applicable to a primary exporter

in 35

Ill . Adm

.

Code 722.153,

722 .156(a)(1)

through

(a)(4),

(a)(6)

and

(b),

and

722 .157,

shall export such materials only

upon consent of the receiving country and

in conformance with the USEPA

Acknowledgement of Consent as defined in

35 Ill . Adm . Code

722 .Subpart E, and

shall provide a copy of the USEPA

Acknowledqement of Consent to the

shipment to the transporter

transporting

the shipment for export ;

ii)

Transporters transportinq a shipment for

export shall not accept a shipment if the

transporter knows the shipment does not

conform to the USEPA Acknowledgement of

Consent, shall ensure that a copy of the

USEPA Acknowledgement of Consent

accompanies the shipment and shall ensure

that it is delivered to the facility

designated by the person initiating

the

shipment

.

B)

Used batteries (or used battery cells)

returned to a battery manufacturer for

regeneration ;

C) Used oil that exhibits one or more of the

characteristics of hazardous waste but is

recycled in some other manner than being

burned for energy recovery ; or

D)

Scrap metal

.

E)

Fuels produced from the refining of oil-

bearing hazardous wastes along with normal

process streams at a petroleum refining

facility if such wastes result from normal

petroleum refining, production and

transportation practices

;

F)

Oil reclaimed from hazardous waste resulting

from normal petroluem refining, production and

transportation practices, which oil is to be

refined along with normal process streams at a

petroleum refining facility

;

79-748

---

-49-

G)

Coke and coal

tar

from the

iron and steel

industry that contains hazardous

waste

from

the

iron

and

steel production process

:

H)

i)

Hazardous waste fuel produced

from oil-

bearing hazardous wastes

from petroleum

refining,

production or transportation

practices, or produced from oil reclaimed

from such hazardous wastes are

reintroduced into a process that does not

use distillation or does not produce

products from crude oil so long as the

resulting fuel meets the used oil

specification under 35 Ill . Adm. Code

726.140(e) and so long as no other

hazardous wastes, where such hazardous

wastes are used to produced the hazardous

waste fuel

;

ii) Hazardous waste fuel produced from oil-

bearing hazardous waste from petroleum

refining production, and transportation

practices, where such hazardous wastes

are reintroduced into a refining process

after a point at which contaminants are

removed, so long as the fuel meets the

used oil fuel specification under 35 Ill

.

Adm. Code 726 .140(e) ; and

iii) Oil reclaimed from oil-bearing hazardous

wastes from petroleum refining,

production and transportation practices,

which reclaimed oil is burned as a fuel

without reintroduction to a refining

process, so long as the reclaimed oil

meets the used oil fuel specification

under 35 Ill . Adm. Code 726 .140(e) ; and

I)

Petroleum coke produced from petroleum

refinery hazardous wastes containing oil at

the same facility at which such wastes were

generated, unless the resulting coke product

exceeds one or more of the characteristics of

hazardous waste in Subpart C

.

b)

Generators and transporters of recyclable materials are

subject to the applicable requirements of 35 Ill . Adm

.

Code 722 and 723 and the notification requirements under

Section 3010 of the Resource Conservation and Recovery

Act, except as provided in subsection (a)

.

c)

1)

Owners or operators of facilities that store

recyclable materials before they are recycled are

regulated under all applicable provisions of 35

79-749

---

(Source

:

Amended at 11 Ill .

Reg .

effective

)

-5 0 -

Ill . Adm .

Code 724 and 725.Subparts A through L,

and 702, 703 and 705 and the notification

requirement under Section 3010 of the Resource

Conservation and Recovery Act, except as provided

in subsection

(a)

.

(The recycling process itself

is exempt from regulation .)

2)

Owners or operators of facilities that recycle

recyclable materials without storing them before

they are recycled are subject to the following

requirements, except as provided in subsection (a)

.

A)

Notification requirements under Section 3010

of the Resource Conservation and Recovery Act

.

B)

35 Ill . Adm. Code 725 .171 and 725 .172 (dealing

with the use of the manifest and manifest

discrepancies)

SUBPART D: LISTS OF HAZARDOUS WASTES

Section 721 .132

Hazardous Waste from Specific Sources

The following solid wastes are listed hazardous wastes from

specific sources unless they are excluded under 35 Ill . Adm. Code

720.120 and 720 .122 and listed in Appendix I

.

-industry and-

Industry and

EPA Hazardous

Hazardous Waste

Hazard Code

Waste No

.

Wood Preservation :

K001

Bottom sediment sludge from the treatment

(T)

of wastewaters from wood preserving processes that

use creosote and/or pentachlorophenol

.

Inorganic Pigments

:

K002

Wastewater treatment sludge from the

(T)

production of chrome yellow and orange pigments

.

K003

Wastewater treatment sludge from the

(T)

production of molybdate orange pigments

.

K004

Wastewater treatment sludge from the

(T)

production of zinc yellow pigments .

K005

Wastewater treatment sludge from the

(T)

production of chrome green pigments

.

K006

Wastewater treatment sludge from the

(T)

production of chrome oxide green pigments

(anhydrous and hydrated)

.

K007

Wastewater treatment sludge from the

(T)

79-750

---

-51 -

production of iron blue pigments

.

K008

Oven residue from the production of chrome

(T)

oxide green pigments .

Organic Chemicals :

K009

Distillation bottoms from the production of

(T)

acetaldehyde from ethylene

.

KO10

Distillation side cuts from the production of

(T)

acetaldehyde from ethylene

.

KO11

Bottom stream from the wastewater stripper in

(R,T)

the production of acrylonitrile

.

K013

Bottom stream from the acetrontrile column

(T)

in the production of acrylontrile

.

K014

Bottoms from the acetontrile purification

(T)

column in the production of acrylonitrile

.

K015

Still bottoms from the distillation of benzyl

(T)

chloride

.

K016

Heavy ends or distillation residues from the

(T)

production of carbon tetrachloride

.

K017

Heavy ends (still bottoms) from the

(T)

purification column in the production of

epichlorohydrin

.

K018

Heavy ends from the fractionation column in

(T)

ethyl chloride production

.

K019

Heavy ends from the distillation of ethylene

(T)

dichloride in ethylene dichloride production

.

K020

Heavy ends from the distillation of vinyl

(T)

chloride in vinyl chloride monomer production .

K021

Aqueous spent antimony catalyst waste from

(T)

fluoromethanes production

.

K022

Distillation bottom tars from the production

(T)

of phenol/acetone from cumene .

K023

Distillation light ends from the production

(T)

of phthalic anhydride from naphthalene .

K024

Distillation bottoms from the production of

(T)

phthalic anhydride from naphthalene

.

K093

Distillation light ends from the production

(T)

of phthalic anhydride from ortho-xylene .

K094

Distillation bottoms from the production

(T)

of phthalic anhydride from ortho-xylene .

K025

Distillation bottoms from the production

(T)

of nitrobenzene by the nitration of benzene

.

K026

Stripping still tails from the production of

(T)

methyl ethyl pyridines .

K027

Centrifuge and distillation residues from

(R,T)

toluene diisocyanate production .

K028

Spent catalyst from the hydrochlorinator

( T)

reactor in the production of 1,1,1-trichloroethane

.

K029

Waste from the product stream stripper in

(T)

the production of 1,1,1-trichloroethane .

K095

Distillation bottoms from the production of

(T)

1,1,1-trichloroethane

.

K096

Heavy ends from the heavy ends column from

(T)

79-75 1

---

-52-

the production of 1,1,1-trichloroethane .

K030

Column bottoms or heavy ends from the

(T)

combined production of trichloroethylene and

perchloroethylene .

K083

Distillation bottoms from aniline production .

(T)

K103

Process residues from aniline extraction

(T)

from the production of aniline

.

K104

Combined wastewater streams generated from

(T)

nitrobenzene/aniline production

.

K085

Distillation or fractionation column bottoms

from the production of chlorobenzenes

.

K105

Separated aqueous stream from the reactor

(T)

product washing step in the production of

chlorobenzenes .

K111

Product wastewaters from the production of

(C,T)

dinitrotoluene via nitration of toluene

.

K112

Reaction by-product water from the drying

(T)

column in the production of toluenediamine via

hydrogenation of dinitrotoluene

.

K113

Condensed liquid light ends from the

(T)

purification of toluenediamine in the production of

toluenediamine via hydrogenation of dinitroluene

.

K114

Vicinals from the purification of toluene-

(T)

diamine in the production of toluenediamine via

hydrogenation of dinitrotolune .

K115

Heavy ends from the purification of

(T)

toluenediamine in the production of toluenediamine via

hydrogenation of dinitrotoluene .

K116

Organic condensate from the solvent recovery

(T)

column in the production of toluene diisocyanate via

phosgenation of toluenediamine .

K117

Wastewater from the reactor vent gas scrubber

(T)

in the production of ethylene dibromide via

bromination of ethene

.

K118

Spent adsorbent solids from purification of

(T)

ethylene dibromide in the production of ethylene

dibromide via bromination of ethene

.

K136

Still bottoms from the purification of

(T)

ethylene dibromide in the production of ethylene

dibromide via bromination of ethene .

K071

K073

K106

Pesticides :

79-752

Inorganic Chemicals

:

Brine purification muds from the mercury

(T)

cell process in chlorine production, where

separately prepurified brine is not used

.

Chlorinated hydrocarbon waste from the

(T)

purification step of the diaphragm cell process

using graphite anodes in chlorine production .

Wastewater treatment sludge from the mercury

(T)

cell process in chlorine production

.

---

79-753

-53-

K031

By-product salts generated

in the production

(T)

K032

of MSMA and cacodylic acid

.

Wastewater treatment sludge

from the

(T)

K033

production of chlordane

.

Wastewater and scrub water from the

(T)

K034

chlorination of cyclopentadiene in the production

of chlordane .

Filter solids from the filtration of

(T)

K097

hexachlorocyclopentadiene in the production of

chlordane

.

Vacuum stripper discharge from the chlordane

(T)

K035

chlorinator in the production of chlordane

.

Wastewater treatment sludges generated in the

(T)

K036

production of creosote

.

Still bottoms from toluene reclamation

(T)

K037

distillation in the production of disulfoton .

Wastewater treatment sludges from the

(T)

K038

production of disulfoton

.

Wastewater from the washing and stripping of

(T)

K039

phorate production

.

Filter cake from the filtration of

(T)

K040

diethylphosphorodithioic acid in the production of

phorate

.

Wastewater treatment sludge from the

(T)

K041

production of phorate

.

Wastewater treatment sludge from the

(T)

K098

production of toxaphene .

Untreated process wastewater from the

(T)

K042

production of toxaphene .

Heavy ends or distillation residues from the

(T)

K043

distillation of tetrachlorobenzene in the

production of 2,4,5-T

.

2,6-Dichlorophenol waste from the production

(T)

K099

of 2,4-D .

Untreated wastewater from the production

(T)

K044

of 2,4-D

.

Explosives

:

Wastewater treatment sludges from the

(R)

K045

manufacturing and processing of explosives

.

Spent carbon from the treatment of wastewater

(R)

K046

containing explosives

.

Wastewater treatment sludges from the

(T)

K047

manufacturing, formulation and loading of lead-

based initiating compounds

.

Pink/red water from TNT operations

.

(R)

K048

Petroleum Refining

:

Dissolved air flotation (DAF) float from the

(T)

K049

petroleum refining industry .

Slop oil emulsion solids from the petroleum

(T)

refining industry .

---

finishing operations of -plants that predaee 4ten

and steel-facilities within the iron and steel

industry (SIC Codes 331 and 332)

(as defined in 35

Ill. Adm. Code 720 .110)

.

Secondary Lead

:

K069

Emission control dust/sludge from secondary

(T)

lead smelting .

K100

Waste leaching solution from acid leaching

(T)

of emission control dust/sludge from secondary lead

smelting

.

Veterinary Pharmaceuticals :

K084

Wastewater treatment sludges generated

(T)

during the production of veterinary pharmaceuticals

from arsenic or organo-arsenic compounds

.

K101

Distillation tar residues from the distillation

(T)

of aniline-based compounds in the production of

veterinary pharmaceuticals from arsenic or

organoarsenic compounds

.

K102

Residue from use of activated carbon for

(T)

decolorization in the production of veterinary

pharmaceuticals from arsenic or organo-arsenic

compounds

.

Ink Formulation

:

K086

Solvent washes and sludges, casutic washes

(T)

and sludges, or water washes and sludges from

cleaning tubs and equipment used in the formulation

of ink from pigments, driers, soaps and stabilizers

containing chromium and lead

.

Coking

:

K060

Ammonia still lime sludge from coking

(T)

operations .

K087

Decanter tank tar sludge from coking

(T)

operations

.

79-754

-54-

K050

Heat exchanger bundle cleaning sludge from

(T)

K051

the petroleum refining industry .

API separator sludge from the petroleum

(T)

K052

refining industry

.

Tank bottoms (leaded) from the petroleum

(T)

K061

refining industry

.

(T)

Iron and Steel

:

Emission control dust/sludge from the primary

K062

production of steel in electric furnaces

.

Spent pickle liquor generated by steel

(C,T)

---

79-755

-55-

(Source

:

Amended at

11

I11

.

Reg

.

effective

)

---

-56-

TITLE 35 :

ENVIRONMENTAL PROTECTION

SUBTITLE G :

WASTE DISPOSAL

CHAPTER

I

:

POLLUTION CONTROL BOARD

SUBCHAPTER

c :

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

722

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART

A

:

GENERAL

Section

722 .130

Packaging

722 .131

Labeling

722 .132

Marking

722 .133

Placarding

722 .134

Accumulation Time

Section

722.110

Purpose,

Scope and Applicability

722.111

Hazardous Waste Determination

722.112

USEPA Identification Numbers

SUBPART

B

:

THE MANIFEST

Section

722.120

General Requirements

722.121 Acquisition

of Manifests

722.122

Number of Copies

722.123

Use of

the Manifest

SUBPART

C

:

PRE-TRANSPORT REQUIREMENTS

SUBPART D

:

RECORDKEEPING AND REPORTING

Section

722 .140 Recordkeeping

722 .141

Annual Reporting

722.142 Exception Reporting

722 .143

Additional Reporting

722 .144

Special Requirements

for Generators of between

100

and

1000 kilograms

per month

SUBPART

E

:

-SPSQTAB e9NBPpf9NS-EXPORTSOFHAZARDOUSWASTE

Section

722 .150

-fnternatienal Shipments-Applicability

722 .151

-Farmers-Definitions

722.152

GeneralRequirements

722.153

NotificationofIntenttoExport

722 .154

SpecialManifestRequirements

722 .155

Exception Report

722.156

AnnualReports

722.157

Recordkeeping

79-756

---

SUBPARTF

:

IMPORTSOFHAZARDOUSWASTE

Section

722 .160

ImportsofHazardousWaste

SUBPARTG :

FARMERS

Section

722 .170

Farmers

Appendix A

Form-Annual Report

(EPA Form 8700-13) (Repealed)

AUTHORITY

:

Implementing Section

22 .4

and authorized by Section

27 of the Environmental Protection Act

(Ill

.

Rev

.

Stat. 1985,

ch

.

111

1/2,

pars

.

1022 .4

and 1027) .

SOURCE

:

Adopted

in R81-22,

43

PCB

427,

at 5

Ill

.

Reg

.

9781,

effective

as noted

in

35 Ill . Adm . Code 700 .106

;

amended and

codified

in R81-22,

45 PCB

317,

at 6

Ill .

Reg

.

4828, effective

as

noted

in

35

Ill

. Adm

.

Code

700.106 ; amended

in R82-18,

51 PCB

31,

at 7

Ill .

Reg .

2518, effective February

22,

1983 ; amended

in R84-

9 at 9 Ill

.

Reg

.

11950,

effective July

24,

1985 ;

amended

in R85-

22

at

10

Ill

.

Reg .

1131, effective January 2,

1986

;

amended

in

R86-1

at

10

111

.

Reg

.

14112, effective August

12,

1986

;

amended

in R86-19 at

10

Ill

.

Reg

.

20709, effective December

2,

1986 ;

amended

in R86-46 at

11

Ill

.

Reg .

,

effective

SUBPART C

:

PRE-TRANSPORT REQUIREMENTS

Section 722 .134

Accumulation Time

a)

Except

as provided

in subsections

(d),(e)

or

(f), a

generator may accumulate hazardous waste on-site for

90

days

or

less without

a permit

or without having

interim

status provided

that

:

1)

The waste is placed

in containers and

the generator

complies with

35

Ill . Adm .

Code 725.Subpart

I

or

the waste is placed

in

tanks

and

the generator

complies with

35

Ill. Adm . Code 725.Subpart J

except

35

Ill .

Adm

.

Code -725:393;-725 .297(c)

and

725.300 .

In addition, sucha generator isexempt

from alltherequirementsin35Ill.Adm .

Code

725.SubpartsGandH,exceptfor35Ill.Adm

.

Code

725.211and 725.214

;

2)

The date upon which each period of accumulation

begins

is clearly marked and visible

for

inspection

on each container ;

3)

While being accumulated

on-site,

each container and

tank

is labeled

or marked clearly with the words,

"Hazardous Waste",

and

-57-

79-757

---

-58-

4)

The generator complies

with the requirements

for

owners

or operators

in

35

Ill .

Adm .

Code

725.Subparts

C and

D and with 35 Ill . Adm

.

Code

725 .116

.

b)

A generator

who accumulates hazardous waste

for more

than 90 days

is an operator of a storage facility and

is

subject

to the requirements of

35

Ill

. Adm

.

Code

724 and

725

and the

permit requirements

of

35

Ill

.

Adm .

Code

702,

703

and 705 unless the generator has been granted

an extension of the 90-day period. If hazardous wastes

must remain on-site for longer than 90 days due to

unforeseen, temporary, and uncontrollable circumstances,

the generator may seek an extension of up to 30 days by

means of a variance or provisional variance, pursuant to

Section 37 of the Environmental Protection Act

.

c)

1)

A generator may accumulate as much as 55 gallons of

hazardous waste or one quart of acutely hazardous

waste listed in 35 Ill . Adm. Code 721 .133(e) in

containers at or near any point of generation where

wastes initially accumulate, which is under the

control of the operator of the process generating

the waste, without a permit or interim status and

without complying with paragraph (a) provided the

generator :

A)

Complies with 35 Ill . Adm. Code 725 .271,

725.272 and 725.273(a) ; and

B)

marks the generator's containers either with

the words "Hazardous Waste" or with other

words that identify the contents of the

containers

.

2)

A generator who accumulates either hazardous waste

or acutely hazardous waste listed in 35 Ill . Adm

.

Code 721 .133(e) in excess of the amounts listed in

subsection (c)(1) at or near any point of

generation must, with respect to that amount of

excess waste, comply within three days with

subsection (a) or other applicable provisions of

this chapter . During the three day period the

generator must continue to comply with subsection

(c)(1) . The generator must mark the container

holding the excess accumulation of hazardous waste

with the date the excess amount began accumulating

.

d)

A generator who generates greater than 100 kilograms but

less than 1000 kilograms of hazardous waste in a

calendar month may accumulate hazardous waste on-site

for 180 days or less without a permit or without having

interim status provided that

:

79-758

---

-59-

1)

The quantity of waste accumulated on-site never

exceeds 6000 kilograms-t-

;

2)

The generator complies with the requirements of

-subseet#en {ajfl+-35

Ill .

Adm . Code 725 .Subpart

I,

except the generator need not comply with 35 Ill

.

Adm. Code 725.276-t- ;

3)

The generator complies with the requirements of 35

Ill . Adm. Code 725 .301 ;

-3-4

)

The generator complies with the requirements

of subsections

(a)(2)

and

(a)(3)

and the

requirements of 35 Ill . Adm. Code 725 .Subpart C ;

and

-4-5

)

The generator complies with the following

requirements :

A)

At all times there must be at least one

employee either on the premises or on call

(i .e., available to respond to an emergency by

reaching the facility within a short period of

time) with the responsibility for coordinating

all emergency response measures specified in

subsection (d)(4)(D)

.

The employee is the

emergency coordinator

.

B)

The generator shall post the following

information next to the telephone

:

i)

The name and telephone number of the

emergency coordinator :

ii) Location of fire extinguishers and spill

control material, and if present, fire

alarm: and

iii) The telephone number of the fire

department, unless the facility has a

direct alarm

.

C)

The generator shall ensure that all employees

are thoroughly familiar with proper waste

handling and emergency procedures, relevant to

their responsibilities during normal facility

operations and emergencies

:

D) The emergency coordinator or designee shall

respond to any emergencies that arise . The

applicable responses are as follows

:

i)

In the event of a fire, call the fire

79-759

---

-60-

department or attempt to extinguish it

using a fire extinguisher

:

ii) In the event of a spill, contain the flow

of hazardous waste to the extent

possible, and as soon as is practicable,

clean up the hazardous waste and any

contaminated materials or soil :

iii) In the event of a fire, explosion or

other release which could threaten human

health outside the facility or when the

generator has knowledge that a spill has

reached surface water, the generator

shall immediately notify the National

Response Center (using its 24-hour toll

free number 800/424-8802) . The report

must include the following information :

the name, address and USEPA

identification number (35 Ill . Adm . Code

722.112) of the generator ; date, time and

type of incident

(e .g .,

spill or fire)

;

quantity and type of hazardous waste

involved in the incident ; extent of

injuries, if any; and, estimated quantity

and disposition of recoverable materials,

if any .

e)

A generator who generates greater than 100 kilograms but

less than 1000 kilograms of hazardous waste in a

calendar month and who must transport the waste, or

offer the waste for transportation, over a distance of

200 miles or more for off-site treatment, storage or

disposal may accumulate hazardous waste on-site for 270

days or less without a permit or without having interim

status provided that the generator complies with the

requirements of subsection (d)

.

f)

A generator who generates greater than 100 kilograms but

less than 1000 kilograms of hazardous waste in a

calendar month and who accumulates hazardous waste in

quantities exceeding 6000 kg or accumulates hazardous

waste for more than 180 days (or for more than 270 days

if the generator must transport the waste, or offer the

waste for transportation, over a distance of 200 miles

or more) is an operator of a storage facility and is

subject to the requirements of 35 Ill. Adm. Code 724 and

725 and the permit requirements of 35 Ill . Adm. Code 703

unless the generator has been granted an extension to

the 180-day (or 270-day if applicable) period . If

hazardous wastes must remain on-site for longer than 180

days (or 270 days if applicable) due to unforeseen,

temporary and uncontrollable circumstances, the

generator may seek an extension of up to 30 days by

79-760

---

-61-

means of variance

or provisional variance pursuant to

Section 37 of the Environmental Protection Act

.

(Source: Amended at 11 Ill . Reg

.

effective

)

Section 722 .141

Annual Reporting

SUBPART D: RECORDKEEPING AND REPORTING

a) A generator who ships -h4s-ate hazardous waste -e€€s4te

must-off-site to a treatment,

storaqe or disposal

facility within the United States shall prepare and

submit a single copy of an annual report to the Agency

by March 1 for the preceding calendar year . The annual

report must be submitted on a form supplied by the

Agency, and must cover generator activities during the

previous calendar year, and must include the following

information

:

1)

The USEPA identification number, name and address

of the generator ;

2)

The calendar year covered by the report

;

3) The USEPA identification number, name and address

for each off-site treatment, storage or disposal

facility in the United States to which waste was

shipped during the year ;- fer expected shipments ;

the report must give the name and address of the

£ereign fae444ty :-

4)

The name and USEPA identification number of each

transporter used during the reporting year for

shipments to a treatment,

storage or disposal

facility within the United States

.

5)

A description, USEPA hazardous waste number (from

35 Ill . Adm. Code 721.Subpart C or D), DOT hazard

class-=- and quantity of each hazardous waste

shipped off-site for shipments to a treatment,

storage or disposal facility within the United

States .

This information must be listed by USEPA

identification number of each off-site facility to

which waste was shipped

.

6)

A description of the efforts undertaken during the

year to reduce the volume and toxicity of waste

generated .

7)

A description of the changes in volume and toxicity

of waste actually achieved during the year in

comparison to previous years to the extent such

information is available for years prior to 1984

.

79-7 61

---

-62-

8)

The certification

signed by the generator

or

the

generator's authorized

representative

.

b)

Any generator

who treats, stores-T- or disposes of

hazardous waste on-site must

submit an annual

report

covering

those wastes

in accordance with the provisions

of

35 Ill

.

Adm .

Code

702,

703,

724,

725 and -49 CPR 266-

726

.

Reporting forexportsofhazardouswasteisnot

requiredontheannualreport

form .

A separate annual

report requirementissetforthatSection 722.156 .

(Source :

Amended at

11

Ill

.

Peg .

effective

)

SUBPART

E

:

-SPECIAL C0NBifl0NS-EXPORTSOFHAZARDOUS WASTE

Section 722.150

international

Sh4pmenteApplicability

a3 Any persen whe experts hazardous waste to a €efeign

eeuntry at imports hazardous waste from a €ereign eeunty

into the United States must eemply with the requirements

e€ this Part and with the spee4a4 requirements e€ this

Seetienr

b+

When shipping hazardous waste outside the United Btetesr

the generator must-

1} Notify the Administrates and Ageney

in writing four

weeks before the initial shipment e€ hazardous

waste to sash eeunty

in sash calendar year;

At

The waste must be identified by its EPA

hazardous waste 4denti€ieetien number and its

B9T shipping desee4ptienr

B+

The name and address of the foreign consignee

must

be ineIuded in this netieer

C}

These net4ees must be sent to the Qff4ee e€

International Aetivit4es +A-}96}r United

States Envirenmental Preteetien Agencyr

WaehtngtenT Brer 29469 end to the i}}ineis

Bnvirenmenta+ Preteetien Ageneyr

2+

Require that the foreign consignee eenf4rr the

delivery e€ the waste in foreign eeentfyr A espy

e€ the manifest signed by the foreign eens4gnee may

be used fee this purpose ;

3+ Meet the requirements under Seetien 3122:129 fee the

man4festr except that-

A}

In pleee e€ the nameT address end EPA

79-762

---

-63-

4dent4f4eat4en number of the des4gneted

£ae4l4ty; the name and address e£ the fere4gn

eons4gnee mast be used;

B+

The generator mast 4dent4fy the pe4nt of

departure item the Bn4ted states through wh4eh

the waste must travel before enter4ng a

fere4gn eeantry:

4+

ebta4n the manifest form from the Ageneyr

e~

A generator must f4le an exeept4en repent; 4f-

13

He has net reee4ved a copy of the manifest s4gned

by the transporter stat4ng the date and place of

departure item the Bn4ted States wlth4n

45 days

item the date 4t was adapted

by the 4n4t4al

transporter;

or

2f

W4th4n 99 days from the date the waste was accepted

by the 4n4t4al transporter; the generator has net

reee4ved wr4tten eenf4tmat4en item the fate4gn

eens4gnee that the haEardeas waste was reee4ved:

d3

Any petsen expert4ng hazardous waste 4dent4f4ed or

44sted 4m 35 111: Adm: Eede 421 shall f4le w4th the

Adm4n4strater and the Ageney; no later than Match 1 of

each year; a report sammar4E4ng the types; quant4t4es=

frequency and ult4mate dest4nat4en of all such hazardous

waste exported during the prev4eus calendar year :

ej When 4mpert4ng hazardous waste; a person must meet all

rega4rements of Seet4en 722:126 for the man4fest except

that-

1}

in place of the generaterls name; address and EPA

4dent4£4eat4en number; the name and address of the

fere4gn generator and the 4mperter1s name= address

and EPA 4dent4f4eat4en number must be used-

2+

in place of the generator's signature on the

eert4f4eat4en statement; the H:S: 4mperter at the

4mporter's agent must sign and date the

eert4f4eat4en and ebta4n the signature of the

4n4tial transporter :

f3 A person who -imports hazardous waste mast ebta4n the

man4fest form item the Ageney7

This Subpart establishes requirements applicable to exports of

hazardous waste .

Except to the extent Section 722 .158 provides

otherwise,

a primary exporter of hazardous waste shall comply

with the special

requirements of this Subpart and a transporter

transporting hazardous waste for export

shall comply with

79-763

---

-64-

applicablerequirementsof35Ill.Adm . Code723 .

Section

722.158

sets forththerequirementsofinternationalagreements

betweentheUnitedStatesandreceivingcountrieswhichestablish

differentnotice,exportandenforcement procedures

for

the

transportation, treatmentstorageanddisposalofhazardouswaste

forshipmentsbetweenthe UnitedStatesandthosecountries .

(Source :

Section repealed,

new Section adopted at

11

Ill

.

Reg

.

, effective

)

Section 722 .151

ParmeraDefinitibns

A farmer disposing of waste pest4e4des from his own ase wh4eh are

hazardous wastes 4s net requ4red to eemply with the standards in

this Part er 35 fii: Adm: Cede 492= 793; 724 at 425 fee saeh

wastes; provided he triple rinses eaeh emptied pest4e4de

eentainee

in aeeerdanee with 35 fli Adm: eede 42f:i94+b++3+ and

d4speses of the pest4e4de res4daes en his own farm in a manner

eens4stent with the disposal 4nsttdet4ens en the pest4e4de labels

In addition to the definitions set forth at 35 Ill . Adm

.

Code

720 .110,

the following definitions apply to this Subpart :

"Consignee" means the ultimate treatment,

storage or

disposal facility in a receiving country to which the

hazardous waste will be sent

.

"Primary Exporter" means any persons who is required to

originate the manifest for a shipment of hazardous waste

in accordance with Subpart B which specifies a

treatment,

storage or disposal facility in a receiving

country as the facility to which the hazardous waste

will be sent and any intermediary arranqing for the

export

.

"Receiving country" means a foreign country to which a

hazardous waste is sent for the purpose of treatment,

storage or disposal

(exce?t short-term storage

incidental

to transportation)

.

"Transit country" means any foreign country, other than

a receiving country, through which a hazardous waste is

transported

.

"USEPA Acknowledgment of Consent" means the cable sent

to USEPA from the United States Embassy in a receiving

country that acknowledges the written consent of the

receiving country to accept the hazardous waste and

describes the terms and conditions of the receiving

country's consent to the shipment

.

(Source: Section repealed, new Section adopted at 11 Ill

.

Reg

.

,

effective

)

79-764

---

-65-

Section

722 .152

GeneralRequirements

Exportsof hazardouswasteare prohibitedexceptincompliance

withtheapplicable requirementsofthisSubpartand35 Ill.Adm

.

Code723

.

Exportsofhazardouswasteareprohibitedunless

:

a)

NotificationinaccordancewithSection722.153hasbeen

provided ;

b)

Thereceivingcountry has consented to accept the

hazardous waste

;

c)

A copy of the USEPA Acknowledgment of Consent to the

shipment accompanies the hazardous waste shipment and,

unless exported by rail,

is attached to the manifest

(or

shipping paper for exports by water

(bulk shipment))

.

d)

The hazardous waste shipment conforms to the terms of

the receiving country's written consent as reflected in

the USEPA Acknowledgment of Consent

.

(Source: Added at 11 Ill . Reg

.

effective

)

Section 722 .153

Notification of Intent to Export

a)

The Board incorporates by reference 40 CFR 262 .53

(1986), as amended at 51 Fed . Reg .

28682 .

This Part

incorporates no future editions or amendments

.

b)

A primary exporter of hazardous waste shall notify USEPA

in accordance with 40 CFR 262 .53

.

c)

The primary exporter shall send the Agency a copy of the

notice sent to USEPA pursuant to subsection (b)

.

(Source: Added at 11 Ill . Reg

.

effective

)

Section 722 .154

Special Manifest Requirements

a)

The Board incorporates by reference 40 CFR 262 .54

(1986), as amended at 51 Fed . Reg .

28682 .

This Part

incorporates no future editions or amendments

.

b)

A primary exporter shall comply with the manifest

requirements as specified in 40 CFR 262 .54

.

c)

The primary exporter shall send a copy of the manifest

to the Agency .

(Source : Added at 11 Ill . Reg

.

,

effective

)

79-765

---

Section 722 .155

Exception Report

a)

TheBoardincorporatesbyreference40CFR262 .55

(1986),asamendedat51Fed . Reg.28682 .

ThisPart

incorporatesnofutureeditionsoramendments

.

b)

Inlieuoftherequirements ofSection722 .142,

a

primary exporter shall file an exception report with

USEPA as provided by 40 CFR 262 .55

.

c)

The primary exporter shall send a copy of the exception

report to the Agency .

(Source : Added at 11 111 . Reg .

effective

)

Section 722 .156

Annual Reports

The Board incorporates by reference 40 CFR 262 .56

(1986), as amended at 51 Fed . Reg

.

28682

.

This Part

incorporates no future editions or amendments

.

b)

Primary exporters of hazardous waste shall file with

USEPA, no later than March 1 of each year, a report as

specified in 40 CFR 262 .56 .

a)

c)

The primary exporter shall send the Agency a copy of the

report sent to USEPA .

(Source: Added at 11 Ill . Reg

.

effective

)

Section 722 .157

Recordkeeping

a)

The Board incorporates by reference 40 CFR 262 .57

(1986), as amended at 51 Fed . Reg

.

28682

.

This Part

incorporates no future editions or amendments

.

b)

For all exports a Primary exporter shall comply with the

recordkeeping requirements of 40 CFR 262 .57

.

(Source : Added at 11 Iii . Reg .

effective

)

SUBPART F :

IMPORTS OF HAZARDOUS WASTE

Section 722 .160

Imports of Hazardous Waste

a)

Any person who imports hazardous waste from a foreign

country into the United States shall comply with the

requirements of this Part and the special requirements

of this Subpart

.

b)

When importing hazardous waste, a person shall meet all

-6 6 -

79-766

---

(Source

:

Added

at

11

Ill .

Reg .

effective

)

-67-

therequirementsofSection722.120(a)

for themanifest

except that

:

1)

Inplaceofthegenerator'sname, addressandUSEPA

identification number, the name and address of the

foreign generator and the importer's name,

address

and USEPA identification number must be used

.

2)

In place of the generator's signature on the

certification statement,

the United States importer

or the importer's agent shall sign and date the

certification and obtain the signature of the

initial transporter

.

c)

A person who imports hazardous waste must obtain the

manifest form as provided in Section 722 .121

.

Section 722 .170

Farmers

A farmer disposing of waste pesticides from his own use which are

hazardous wastes is not required to comply with the standards in

this Part or 35

Ill . Adm

. Code 702,

703,

724

or 725 for

such

wastes, provided he triple rinses each emptied pesticide

container in accordance with 35 Ill . Adm. Code 721 .107(b)(3)

and

disposes of the pesticide residues on his own farm in a manner

consistent with the disposal instructions on the pesticide label

.

(Source: Added at 11 Ill . Reg

.

,

effective

)

79-767

SUBPART G: FARMERS

---

TITLE

35

:

ENVIRONMENTAL PROTECTION

SUBTITLE

G

: WASTE DISPOSAL

CHAPTER

I

:

POLLUTION CONTROL BOARD

SUBCHAPTER

c :

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

723

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

SUBPART A :

GENERAL

Section

723.110

Scope

723.111

USEPA Identification Number

723.112

Transfer Facility Requirements

SUBPART B :

COMPLIANCE WITH THE MANIFEST SYSTEM AND

RECORDKEEPING

Section

723 .120

The Manifest

System

723.121

Compliance with

the Manifest

723 .122

Recordkeeping

SUBPART C :

HAZARDOUS WASTE DISCHARGES

Section

723.130

Immediate Action

723.131

Discharge Clean Up

AUTHORITY :

Authorized

by Section

27

and

implementing Section

22 .4 of the Environmental Protection Act

(Ill

.

Rev

.

Stat

.

1985,

ch. 111

1/2, pars. 1027 and 1022 .4)

.

SOURCE

:

Adopted

in R81-22,

43 PCB

427,

at 5 Ill

.

Reg

.

9781,

effective

as noted

in

35

Ill

.

Adm

.

Code 700.106 ;

amended

and

codified

in R81-22,

45 PCB

17,

at 6

Ill

.

Reg

.

4828, effective as

noted

in 35 Ill

.

Adm .

Code

700 .106

;

amended

in R84-9,

at 9

Ill .

Reg

.

11961,

effective July

24,

1985 ; amended

in R86-19,

at

10

Ill

.

Reg

.

20718, effective December

2,

1986 ;

amended

in R86-46

at

11

Ill .

Reg

.

, effective

SUBPART

B

:

COMPLIANCE WITH THE MANIFEST SYSTEM AND

RECORDKEEPING

Section 723 .120

The Manifest System

a)

A transporter -may-shall

not accept hazardous waste from

a generator

unless

it

is accompanied by

a manifest-;-

signed -by the generates -in accordance with the

provisions

of 35 111 . Adm . Code 722 .

Inthecaseof

exports, atransporter shallnot acceptsuch wastefrom

a primaryexporterorotherperson

:

-68-

79-768

---

-69-

1)

If

the

transporter knowstheshipment doesnot

conformwiththeUSEPAAcknowledgement of Consent

(as defined

in 35 Ill . Adm. Code 722 .151)

;

and

2)

Unless,

in addition to a manifest signed in

accordance with 35 Ill . Adm. Code 722 .120,

the

waste is also accompanied by a USEPA

Acknowledgement of Consent which, except for

shipment by rail,

is attached to the manifest (or

shipping paper for exports by water

(bulk

shipment))

.

b)

Before transporting the hazardous waste, the transporter

-must-shall sign and date the manifest acknowledging

acceptance of the hazardous waste from the generator

.

The transporter -must-shall return a signed copy -of-to

the generator before leaving the generator's property.

c)

The transporter -must-shall ensure that the manifest

accompanies the hazardous waste .

In the case of

exports,

the transporter

shall ensure that a copy of the

USEPA Acknowledgement of Consent also accompanies the

hazardous waste

.

d)

A transporter who delivers a hazardous waste to another

transporter or to the designated facility -must-shall :

1)

Obtain the date of delivery and the handwritten

signature of that transporter or of the owner or

operator of the designated facility on the

manifest; and

2)

Retain one copy of the manifest in accordance with

Section 723 .122; and

3)

Give the remaining copies of the manifest to the

accepting transporter or designated facility

.

e)

The requirements of subsections

(c),

(d) and (f) do not

apply to water (bulk shipment) transporters if

:

1)

The hazardous waste is delivered by water (bulk

shipment) to the designated facility ; and

2)

A shipping paper containing all the information

required on the manifest (excluding the USEPA

identification numbers, generator certification and

signatures) accompanies the hazardous waste and,

for exports, a USEPA Acknowledgement of Consent

accompanies the hazardous waste

;

and

3)

The delivering transporter obtains the date of

delivery and handwritten signature of the owner or

operator designated facility on either the manifest

79-769

---

-70-

or

the shipping paper

;

and

4)

The person delivering

the hazardous waste

to

the

initial water

(bulk

shipment)

transporter obtains

the date

of delivery and signature

of

the water

(bulk

shipment)

transporter

on the manifest

and

forwards it

to

the designated

facility

;

and

5)

A copy of the shipping paper

or manifest

is

retained

by each water

(bulk shipment)

transporter

in accordance with Section 723.122 .

f)

For shipments involving

rail transportation,

the

requirements of subsections

(c),

(d)

and

(e)

do

not

apply and

the following requirements do apply :

1)

When accepting hazardous waste

from

a non-rail

transporter,

the

initial

rail transporter

-must-

shall

:

A)

Sign and date

the manifest acknowledging

acceptance of the hazardous waste

;

B)

Return a signed copy of the manifest to the

non-rail transporter

;

C)

Forward at least three copies of the manifest

to

:

i)

The next non-rail transporter, if any ;

or,

ii) The designated facility, if the shipment

is delivered to that facility by rail ; or

iii) The last rail transporter designated to

handle the waste in the United States ;

D)

Retain one copy of the manifest and rail

shipping paper in accordance with Section

723.122

.

2)

Rail transporters -must-shall ensure that a

shipping paper containing all the information

required on the manifest (excluding the USEPA

identification numbers, generator certification and

signatures)

and,

for exports, a USEPA

Acknowledgement of Consent

accompanies the

hazardous waste at all times

.

(Board Note-: -- -:Intermediate rail transporters

are not required to sign either the manifest or

shipping paper .)

79-770

---

g)

3)

When delivering hazardous waste

to

the designated

facility,

a

rail transporter -mast-shall

:

A)

Obtain

the date

of delivery and handwritten

signature

of

the owner

or operator of

the

designated facility on the manifest or the

shipping paper (if the manifest has not been

received by the facility) ; and

B)

Retain a copy of the manifest or signed

shipping paper in accordance with Section

723 .122

.

4)

When delivering hazardous waste to a non-rail

transporter a rail transporter -mast-shall

:

A)

Obtain the date of delivery and the

handwritten signature of the next non-rail

transporter on the manifest ; and

B)

Retain a copy of the manifest in accordance

with Section 723 .122

.

5)

Before accepting hazardous waste from a rail

transporter, a non-rail transporter

-must-shall

sign and date the manifest and provide a copy -a+-

to the rail transporter

.

Transporters who transport hazardous waste out of the

United States -must-shall

:

1)

-4-Indicate on the manifest the date the hazardous

waste left the United States ; and

2)

-s-Sign the manifest and retain one copy in

accordance with Section 723 .122(c) ; and

3)

-r-Return a signed copy of the manifest to the

generator

;

and

4)

Give a copy of the manifest to a United States

Customs official at the point of departure from the

United States .

h)

A transporter transporting hazardous waste from a

generator who generates greater than 100 kilograms but

less than 1000 kilograms of hazardous waste in a

calendar month need not comply with the requirements of

this Section or those of Section 723 .122 provided that

:

1)

The waste is being transported pursuant to a

reclamation agreement provided for in 35 Ill . Adm

.

Code 722.120(e) ;

79-77 1

-71-

---

2)

The transporter

records, on

a log

or

shipping

paper,

the following

information

for

each shipment :

A)

The name,

address-7- and

USEPA Identification

Number

(35

Ill

. Adm

.

Code 722 .112)

of the

generator of

the waste ;

B)

The quantity of waste accepted

;

C)

All shipping information required by the

United States Department of Transportation

;

D)

The date the waste is accepted; and

3)

The transporter carries this record when

transporting waste to the reclamation facility ; and

4)

The transporter retains these records for a period

of at least three years after termination or

expiration of the agreement

.

(Source: Amended at 11 Ill. Reg .

effective

)

-72 -

79-772

---

Section

-73-

TITLE

35

:

ENVIRONMENTAL PROTECTION

SUBTITLE

G

:

WASTE DISPOSAL

CHAPTER

I

:

POLLUTION CONTROL BOARD

SUBCHAPTER c :

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

724

STANDARDS

FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT,

STORAGE AND DISPOSAL FACILITIES

SUBPART A

:

GENERAL PROVISIONS

Section

724 .101

Purpose,

Scope and Applicability

724.103

Relationship

to Interim Status Standards

SUBPART B

:

GENERAL FACILITY STANDARDS

Section

724 .110

Applicability

724 .111

Identification Number

724 .112

Required Notices

724 .113

General Waste Analysis

724 .114

Security

724 .115

General Inspection Requirements

724 .116

Personnel

Training

724 .117

General Requirements

for

Ignitable, Reactive

or

Incompatible Wastes

724 .118

Location Standards

SUBPART

C

:

PREPAREDNESS AND PREVENTION

Section

724 .130

Applicability

724 .131

Design and Operation of Facility

724 .132

Required Equipment

724 .133

Testing and Maintenance

of Equipment

724 .134

Access

to Communications

or Alarm System

724 .135

Required Aisle Space

724 .137

Arrangements With Local Authorities

SUBPART

D

:

CONTINGENCY PLAN AND EMERGENCY PROCEDURES

Section

724 .150

Applicability

724 .151

Purpose and Implementation of Contingency Plan

724 .152

Content

of Contingency Plan

724 .153

Copies of Contingency Plan

724 .154

Amendment of Contingency Plan

724 .155

Emergency Coordinator

724.156

Emergency Procedures

SUBPART

E

:

MANIFEST SYSTEM,

RECORDKEEPING AND REPORTING

79-773

---

-74-

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

725 .197

General Groundwater Monitoring Requirements

724.198

Detection Monitoring Program

724.199

Compliance Monitoring Program

724 .200

Corrective Action Program

724 .201

Corrective Action for

Solid Waste Management Units

SUBPART G :

CLOSURE AND POST-CLOSURE

Section

724.210

Applicability

724 .211

Closure Performance Standard

724.212

Closure Plan ; Amendment

of Plan

724 .213

Closure ;

Time Allowed

For Closure

724.214

Disposal

or Decontamination of Equipment,

Structures

and Soils

724 .215

Certification of Closure

724.216

Survey Plat

724.217

Post-closure Care

and Use of Property

724.218

Post-closure

Plan

; Amendment

of Plan

724.219

Post-closure Notices

724 .220

Certification

of Completion of Post-closure Care

SUBPART

H :

FINANCIAL

REQUIREMENTS

Section

724 .240

Applicability

724 .241

Definitions

of Terms As Used

In This Subpart

724 .242

Cost Estimate

for Closure

724 .243

Financial Assurance

for Closure

724 .244

Cost Estimate

for Post-Closure Care

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

79-774

---

-75-

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

SUBPART

J

:

TANK-S- SYSTEMS

Section

724 .290

Applicability

724 .291

-Bes#gn of Tanks-Assessment ofExistingTank System's

Integrity

724 .292

General eperat4ng Rega#cements-Designand

InstallationofNewTankSystemsorComponents

724 .293

ContainmentandDetectionofReleases

724 .294

-fnspeet-iens-GeneralOperatingRequirements

724 .295

Inspections

724 .296

ResponsetoLeaksorSpillsandDispositionof

Leakingorunfit-for-useTankSystems

724 .297

Closure and Post-ClosureCare

724 .298

Special Requirements

for Ignitable

or Reactive Waste

724.299

Special Requirements

for Incompatible Wastes

724 .300

Special Requirements

for Hazardous Wastes

F020,

F021,

F022, F023,

F026 and F027

SUBPART

K

:

SURFACE IMPOUNDMENTS

Section

724 .320

Applicability

724 .321

Design and Operating Requirements

724 .322

Double-lined Surface Impoundments

:

Exemption

from

Subpart

F

:

Groundwater Protection Requirements

(Repealed)

724 .326

Monitoring and Inspection

724 .327

Emergency Repairs; Contingency Plans

724.328

Closure and Post-Closure Care

724 .329

Special Requirements

for Ignitable

or Reactive Waste

724.330

Special Requirements

for Incompatible Wastes

724 .331

Special Requirements

for Hazardous Wastes F020,

F021,

F022,

F023,

F026 and F027

SUBPART

L

:

WASTE PILES

Section

79-775

---

724 .350

Applicability

724 .351

Design and Operating Requirements

724 .352

Double-lined Piles

:

Exemption

from Subpart

F

:

Groundwater Protection Requirements

(Repealed)

724 .353

Inspection of Liners : Exemption

from Subpart

F

:

Groundwater Protection Requirements

(Repealed)

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

Double-lined Landfills :

Exemption from Subpart

F :

Groundwater Protection Requirements

(Repealed)

724 .403

Monitoring

and Inspection

724 .409

Surveying and Recordkeeping

724 .410

Closure and Post-Closure

Care

724.412

Special Requirements

for Ignitable or Reactive Waste

724 .413

Special Requirements

for Incompatible Wastes

724 .414

Special Requirements

for Bulk and Containerized

Liquids

724.415

Special Requirements

for Containers

724.416

Disposal of Small Containers of Hazardous Waste

in

Overpacked Drums

(Lab Packs)

724.417

Special Requirements

for Hazardous Wastes F020,

F021,

F022,

F023,

F026 and

F027

SUBPART

0

:

INCINERATORS

Section

724 .440

Applicability

724 .441

Waste Analysis

-76-

79-776

---